The Bismarck Tribune Newspaper, December 28, 1933, Page 1

; Oldest Newspaper @@eSTABLISHED 1873 ara ¥ =z) THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, THURSDAY, DECEMBER 28, 1933 iRisin PERCURY PLUNGES 10 37 BELOW ZERO im ATRORKS THURSDAY ismarok Warmest Point in State, With Minimum of 18 Below Here ATH TOLL STILL MOUNTS * Cold Wave Hits South; 21 Dead in Chicago; New York Shoveling Out i North Dakota continued in the| hes of @ cold wave Thursday, ng with many other sections, ough the fury of winter’s onslaught d subsided considerably over much the United States. With minimum temperatures in is state during the night ranging om 18 degrees below zero at Bis- heat Embarg DEMOCRATS AIMING Where Flood Devastated Pacific Northwest Area AT SURPLUS BEFORE END OF NEXT YEAR Budget Planned to Provide $800,000,000 Above Ordin- ary Operating Costs SEEK TO. AVOID TAX BOOST Increase in Foreign Trade Is Held Due to Purchases of Gold Abroad Washington, Dec. 28.—(4)—High Democratic spokesmen Thursday de- scribed President Ronsevelt as de- termined to concentrate the primary attention of the 73rd congress upon @ budget designed to provide an $800,000,000 surplus above ordinary { |Files Suit in Federal Court of N. D. a) i In New Dry Drive 1 o-——___________6 FORMER NENBER OF | TARIFF COMMISSION. SAYSREMOVAL VOD Claims for Salary; Dis- closes Letters DISMISSAL WAS SUMMARY President Took Drastic Action When Humphrey Refused to Quit Post | a ae BERTHA R. PALMER i Education is the new keynote in/ national prohibition circles and a leader in the movement is Miss Ber- tha R. Palmer, former N. D. super- intendent of public instruction, who is conducting a dry school for the W. Washington, Dec. 28.—(%)—William E. Humphrey Thursday took to the United States court of claims his contention that President Roosevelt's action in ordering him removed as a member of the federal trade commis- ston last October was “illegal and federal operating costs in 1934-35. Although reconciled to a present- year deficit well above the billion ck to 87 degrees below at Grand orks, the forecast was for slowly oh temperatures Thursday night nd Friday, accompanied by snow. mark because of emergency di- have set down tentative budget esti- mates reading; income $3,400,000,000, : Grand Forks’ temperature of 37 low at 8 a. m. Thursday was the oldest ever recorded in December ince the weather observatory was stablished at Grand Forks in 1890, cording to Professor Howard E. iapimpson. Bismarck Is Warmest Temperature began an early ascent n Bismarck, the warmest point he state. From the night’s mini- mum of 18 below, the mercury rose p 12 below at m. and 11 below 10 a.m. A light snow fell in the pital City throughout the fore- pon. Other state minimum temperatures cluded Devils Lake -30, Minot -29, 26, Jamestown -24 and Wil- sons have died, ording to unofficial estimates, as Public Instruction Confi- result of blizzards, ice, snow and old in the nation. dent of Success In New York cy, 34,000 men gzled beneath a leaden sky and \ n far below freezing cold Thursday © complete the task of removing a 0.7-inch snowfall from the streets. Cold Wave Hits South The cold wave swept into the outh Wednesday after bringing ath and distress to many other ‘ions. Chicago alone counted 21 ad. Wednesday the mercury fell p 10 below. Wisconsin had a total 21 dead. New England, cheered by predic- ons of sing temperature, never alcohol" in an lie foureday tain- ing craft off Maine’s coast. |g school for temperance workers at pyniva River, Ont was the coldest ee natinel W. C. T. U. headquarters pot Inesday, with mercury slith- ; ere: ing down to 66 below. Points in| “The problems of women and stud- finnesota were not far behind, with jent drinking are not problems creat- below. Even in Atlanta, Ga., the |ed, a5 wet interests would have the mperature fell to 22 above. world believe, by prohibition. Coast guardsmen were ordered out| “Women didn’t learn to drink dur- om Chicago early Thursday to seek |ing prohibition, They knew how be- hree fishermen missing with their |fore, for more women drank before t, the Seagull, on Lake Michi-|prohibition than during prohibition. fan. Guardsmen earlier had saved| “And drinking among college and our men in a fuel-less launch off {university students—both men and sex, Md. ‘Thursday was the coldest New York ity has experienced in three years, he temperature dropping to nine de- rees above zero at 4:30 a. m. ‘The reading was one degree above record for the date established h 1917, and compares with a normal BERTHA R. PALMER CONDUCTING SCHOOL bars and campus imbibing. For, said Miss Bertha Rachel Pal- mer, former superintendent of public instruction in North Dakota, who is presenting FORDRY ADHERENTS Former N. D; Superintendent of Evanston, Ill, Dec, 28—(}—The | 4nd were taken captive. National Woman's Christian Temper- ance Union is neither greatly alarmed |“keep your eyes shut or we'll punch nor discouraged, the educational di-|your eyes out,” drove away with the rector of its new campaign against al-/money. The five freed themselves in coholic drink said Wednesday, over|about an hour. problems of women drinking at public “scientific truths about A striking scene of devastation is shown in this aerial view of Woodland, Wash., with the entire town at the mercy of the raging torrent and the neighboring countryside under many feet of water. Floods and avalanches in Washington, Oregon, and Idaho have taken more than a score of lives, with property damage high in millions. Woodland is on the Lewis river, near the point where it flo lumbia river. Robber Victims Are Freed From Pasture Marlin, Texas, Dec. 28.—(AP)— | Five persons, taken prisoner by rob- ‘bers who looted the Marlin First | State bank of $41,000, freed them- selves about 7 p.m. Wednesday night from a pasture prison. The two rob- bers escaped. | The bank hostages were Vice Pres- ident M. V. Bradshaw, Miss Andrew. Peyton, bookkeeper, and Lee Hum- phries, a meee: porter. Shortly the robbers and the employes reached the pasture Wed- nesday two hunters, Jack Davis and Davis, wandered upon the scene At dusk the robbers tied the five to trees and, after warning them to Fort Worth detectives detained a 54-year-old man for investigation. CONVICTS IN GERMAN PRISONS ARE FACING DRASTIC PENALTIES Attitude of Hitlerized State Is That Offenders Are Be- yond Redemption lin, Dec. 28.—(#)—It is too late ordinary outgo $2,600,000,000. ‘The total to be requested of con- gress has been described in quarters as possibly into the Co GRAVE DANGER OF WAR WITH JAPAN NOTED BY STALIN Russian Leader Doubts If ¥el- low Neighbors Can Con- trol Jingo Element gency spending. administration, without major tax boosts through coming tive indications that he intended to press ahead his gold buying-commod- ity dollar plans. 1 See Good Results Administration officials interpreted late figures, showing American foreign trrde in November to have the larg- est favorable balance in months, as at least a partial result of the gold buy- ing program, with its accompanying al { During November the dollar fell | from $4.10 to the pound to $5.50, be- fore returning to $5.13 on Dec. 1, The dollar-franc trend was similar. Meanwhile, although the content of the president's annual message re- mained known only to him, it becam New York, Dec. 28.—(?)—Joseph Stalin, head of the Communist party in Russia, says the Soviet government desires friendly relations with Japan but he sees a “grave danger, and we: cannot but prepare to meet it.” That is what Stalin told Walter} 4 Duranty, Moscow correspondent of the New York Times, in an interview, Thursday. Stalin said that if the more “rea- sonable” elements and more “pru- dent” counsels prevail in Japan, the two countries can live in amity, but. he added that Russia “feared that the militant faction may push the saner policies into the background.” Of Soviet-American trade, the jCommunist leader said the “volume of our trade with America for the time being must be measured by the degree of confidence America puts in 'us—and this by the volume of credit.” “What Foreign Commissar Litvi. noff said in London still holds good. We are the greatest demand market and are ready to order—and pay for— large quantities of goods. But we re- cure satisfactory conditions of cred- it.” , Stalin said Ambassador William C. Bullitt “made a very good impres- sion” in Moscow. “What I like is that he does not talk like the average diplomat,” he of recess send to the senate scores appointments. See ‘Feeder’ Status For Northwest Lines fashington, Dec. 28.—(7)—An esti- 1, be abandoned or ‘feeder” status between slope H Hi i [ i I ge temperature of 33 degrees for 28. ! said. “He is straightforward and says what he means.” Stalin also had praise for Presi- ! i} indirectly for four deaths in the st 24 hours sent the mercury down 40 below in Minnesota. dent Roosevelt, whom he called s Bee rcal and courageous political rn” He said he believed business is be: g Cook, in northern Minnesota, was he coldest point in the state, with a 0 Bemidji, Minn., set an all time rec- when it passed its fourth consecu- e 30-below-zero night. The deaths attributed to the cold qi the Conrad H. Jorgenson, 38, Albert Lea, d from carbon monoxide poisoning e carburetor of his au- Hi : Fe E ga 8 Ei ib ; Doughton Is Slated Frrank Rice, workman on CWA aed fom ear attack beloved used For Tariff Body Job no? in Germany. ; The law under which he was con- after the fire, Feb. 27, It was declared retroactive, mak- confessed demned last Saturday was pessed just| minimum of 60,000 pounds, a rate Reichstag building Fy zg Fea le F FILES NEW GRAVEL RATE The Milwaukee railroad has been granted authority to publish a two- and one-half cent gravel rate with a voluntarily filed by the railroad, the |'! commission state railroad Will Build Shelters for-Game Bir ‘ee & s eon eee FOR WINTER PROTECTION | by cold. Nels Erickson, 2412 Thirty-fourth enue, South, Minneapolis, died of attack after futllely cranking 16 below st St. Paul, Minn., from |Carolina to 52 below in the interior of Can- § 5 F fe (Continued on Page Two) ee Duluth Men Drowned in Mishap] 20: men formulating iff measures for tion. ee committee, the Superior, Wis. Dec. 28.—(P)—Three bree Y nt employes were ned in St. Louis bay-here Thurs- when @ heavy snow plow broke brough the ice. ‘The dead are: Archie Jensen, 32; Ben Hines, 40, COMMERCE BODY ELECTS wi Dec. 26.—(7)—William ‘Thursday “the number of seeds produced in a year by the average radish ts about. 30000. bas , the group all revenue and tar- congressional into effect. | i E te sb EE g8Ees uf ett Lill ; é ¥ i ef zE BE feed. Spare, who shel- tering ago, says the with- in a few them 3 E H LEY tures, the administration was said to|Said was due him as his salary from some | before the court the transcript of four | the| letters sais Prescot Two of them = | Feat ation, a third ac- $6,000,000,000 mark, including Ieee reer Poteet , however, spoke of at|Humphrey contended none had been ' least a partial “pay-as-you-go” basis| offered, while @ fourth contained only ship-/on you personally, or upon the serv- its. ice you have rendered in your 000 miles of railroad trackage | tell C. T. U, at Evanston, Ml. ECHO OF GAMMONS — CASE 1S HEARD IN | SUIT AGAINST BANK void.” In a petition filed with the court, Humphrey, a Republican, demanded from the United States $1,251.39 he Oct. 8 to Nov. 30. Disclosing for the first time the full correspondence between himself and the president, Humphrey although “T am in receipt of your letter ot | State Seeks to Recover $13,-/ September 27th. Effective as of this B i ldate (October 7) you are hereby re-| 07937 In goal eats? moved from the office of commis- Local Institution a of the federal trade commis- H ‘The controversy between the presi- dent and Humphrey, which already has been picked up as a political issue by some Republicans and is cer- tain to be aired in the coming con- gressional session, has been simmer- ing either beneath -the surface or in the open since last July. Refused to Quit Job Humphrey refused to relinquish his Post even after the direct order from Roosevelt. A civil action for $13,079.37 and in- terest, growing out of the John Gam- tons embezzlement case, was launch- od Wednesday against the former sec- vetary of the North Dakota ission. Harold Hopton of Bismarck and Fred J. Graham of Ellendale have peen named special assistant attor- aeys genera] to handle the litigation. ‘The case is based upon alleged ille- gal and unlawful deposits made in the First National Bank between Dec. 9, 1925, and Sept. 14, 1932, of cashier's checks issued by the Bank of North Dakota, payable in some cases to Gammons and in others to the secre- ‘tary of the industrial commission. A formal demand served upon Gammons and the First National Sank sometime ago for payment of the sum and interest brought no re- sponse, according to Hopton. ‘The demand alleges 18 such checks, ranging in amounts from $125 to $2,- 000, were deposited in such manner illegally. Claim ‘Constructive Notice’ “Said sums,” said the demand, “were deposited with actual and con- structive notice to such bank, from the checks and the endorsements thereon, that they were funds be- longing to the state of North Dakota. and that said funds were converted to the use of John Gammons through the aid and assistance of the bank, and if said sums and interest are not paid at once, suit will be commenced against each of you for the recovery thereof, together with interest and costs.” In the complaint prepared by the special assistant attorneys general, it) is stated that under law “all state funds and funds of all state penal, sducational and industrial insitutions On the same day, however, the commission notified Humphrey that it had voted to recognize the execu- tive order of the president. In his petition Thursday the Wash- ingtonian said he was informed verb- ally last July that the president de- sired his resignation and immedi- ately wrote asking an interview. He received the following letter from the president: “In reply to your letter of last week, I regret that the present de- mands on my time make it imposst- ble at the moment to grant your re- quest for a pefsonal interview. “Without any reflection at all up- “May I take this opportunity to you that at the earnest request of tor Dill (of Washington) I have ding this action for some we now reached a definite to proceed along the lines I FEE Fi 2 5 ‘eminine Endurance Fliers Nerve-Worn Miami, Fis., Dec. . Frances Marsalis and Helen 28) demand all funds of public corpora- Richey battled! tions and all funds of the state and of state institutions as defined there- Meanwhile, with cheering notes,|cashier’s checks, totaling $13,079.37, of the woman's husband ground officials sought to soothe the| were deposited unlawfully in the First the father of but one time-whipped nerves of the women. | National Bank to the credit of John . Members of the refueling crew and/Gammons, secretary, the endorse- Paddie, a farmer living near other who visited with the wo-| ments being fraudulent. Freeman, was given « divorce by hand signals from planes} The First National Bank, it is! default Wednesday when his wife, wwn alongside the endurance plane| charged, “well knowing that it was| failed to contest it. He charged —found them plainly showing the ex-|not a depository for public funds as} her with infidelity. treme mental stress, they said. provided by law and having both ac-| | The farmer told Judge R. B. wual and constructive notices from the] Tripp, presiding, that he believed checks themselves and the endorse-| one of the twins was his son, but Congress Expected ments thereon, received the checks”| that the other, who he said bore and uniat collected the money| no resemblance to himself, was To Set New Records|nereon trom the Bank of North Da-| the son of another man. Paddie pony kota, assisting and abetting Gam-| was awarded custody of the twin Washington, Dec. 28.—(#)—The| mons in and wing | he claimed as his son and of an- ‘Tard congress starts next Wednesday| {fom the account funds for his own Other of the Five chit’ bak taden with records, and may male | Me, aie of Cammons Tarried ‘life "The obber three a was vert is the first congress since 1620|begun, the complaint states, until were given to thelr mothers eure. meeting in regular session at @ time|“bout Jan. 1, 1933, and was not com- Similar cases Rave rarely other than the first Monday in De-|pleted until May 12, known before, and s statement by’. cember. The “lame duck” amend-| The complaint is signed by Attorney| Prof. Noth Broman of the Uni- ment to the constitution changed the|General P. O. Sathre, Hopton and vend Of Taek te eee date to an annual meeting on Jan. 3/ Graham. noted student — each year. This congress will have} Gammons was convicted of em-| “from « sceintific point only one regular session and hae had|beaslement last summer and sentenced | 1s possible for twins to have Gif~ one extraordinary session. to seven years in the state peniten-| ferent fathers,” was once made in It has s larger Democratic mem-|Hary but is at liberty under bond ‘at] ® court case. bership in each branch than ever be-| present pending an appeal. sates Tree ee id ee fore. ‘The complaint was served on the| decision not be interpreted _ The senate membership stands: | First National Bank late Wednesday as passing on the biological as- Democrats 00; Republicans 35; Farm-|by Sheriff J. L. Kelley, who expected| pects of the case; that an agree- er-Labor 1, to make service on Gammons Thurs-| ment had been presented as te The house bership is: Demo-|day. Gammons has been living in| the division of property and cus crats 212; Republicans 114; Mgrmer-/ Bismarck and Manden for the last} tody of the children and hea Labor 5; few weeks, sccording to Hopton. i approved it as eftersd, The Weather _ and 3 Friday; slowly PRICE FIVE CENTS io Is Under Fire g Temperatures Are Forecast for SULLIVAN ATTACKS | CONSTITUTIONALITY | OF EMBARGO ORDER Says Elevator Owners Being Deprived of Property With- out Process of Law INJUNCTION BEING Plea Made That Federal Court Crack Down on Governor, and Railroad Board ASKED St. Paul, Dec. 28—(7}—The wheat embargo proclaimed by Governor ‘William Langer of North Dakota on October 16 was attacked and called unconstitutional by counsel for 38 grain elevators here today in a hear- ing before three judges in federal dis- trict court. The elevators are seeking an inter- locutory injunction to restrain Gov- ernor Langer and the North Dakota railroad commission from carrying out the terms and conditions of the em- bargo. John F. Sullivan of Mandan, attor- ney for the 35 elevators, said they were seeking to have it “declared un- constitutional and in violation of the constitution of the United States.” Representing the state of North Da- kota were Attorney General P. A. Sathre and J. A. Heder, commerce counsel for the railroad commission. The hearing was conducted be- fore Federal Judges Andrew re Fargo, and M..M. Joyce of the U. 8. district court and John B. Sanborn of the U. 8. circuit court of appeals. It was set for hearing at Fargo Thurs- day but by stipulation was trans- ferred here. Lawyers to File Briefs At the close of arguments the court jgave both sides until Jan. 10 to file briefs of arguments, reserving deci- sion on the application injunction antl these are filed. The 35 elevators include 10 farmers cooperatives, seven operated by line elevator corporations, and 18 inde- terms of the embargo it is impossible to conduct interstate business by the elevators and as there is no embargo should be declared null and void,” Sullivan continued, “It is in violation of the fourteenth amendment of the constitution of the United States and amounts to taking Property without due course of law. “On October 16, 1933, Governor Langer issued the embargo and issued an order to sheriffs and police offi- cers to enforce it. It commanded that no wheat be shipped out of the state beginning at midnight October 18, 1933. "Lifted Briefly in November issued another or- of railroad commissioners issued an “The embargo has resulted in sub-