The Bismarck Tribune Newspaper, March 30, 1934, Page 1

==) THE BISMARCK TRIBUNE The Weather ESTABLISHED 1873 BISMARCK, NORTH DAKOTA, FRIDAY, MARCH 80, 1934 -Widow and Son Held in Murder Power Companies Oppose New Tax in Court ’ GET INJUNCTION 10 PREVENT COLLECTION OF INCREASED LEVY Hearing on Validity of North Dakota Statute to Be Held in Minneapolis SAY ACT UNCONSTITUTIONAL One Argument to Be Based on Passage in Legislature's Famous ‘Long Day’ fargo, March 30. — (®) — Federal Judge Andrew Miller after hearing attorneys for six utility companies seeking relief from a 12-per-cent levy on gross earnings, issued a temporary vestraining order against North Da- kota moving to collect the disputed taxes and set a hearing Friday, April 6, in Minneapolis before three federal judges for defendents to show cause why the injunction should not be made permanent. The power and light utilities fol- lowed three North Dakota railway lines into federal court seeking tax velief. In separate suits seven major utili- ties filed actions testing the consti- tutionality of the 12 per cent gross earnings tax levied on them by the last legislative session. Involved is approximately $740,000 revenue, the income expected to be derived from the 12 per cent levy on utility earnings. Express Firm Files Action Simultaneously, another far-reach- ing tax suit was filed by the Fruit Growers’ Express company, a private freight car line operator furnishing refrigerator cars to railways of the state. The suit, comparatively small in itself, is significant, because the question at stake is the tax base for 60 other similar car lines—including ing taxes to the state. The complaint alleges taxes in North Dakota are four times as large as the value of the property warrants. Utilities in their complaint offered no partial settlement of taxes as did the railways pending action by the urt. court, The utilities are testing the consti- tutionality of the tax system set up for them by the last legislature, Ed- ward Cox, Bismarck, counsel for three of the utility companies bring- “ing suit, said, and payment of any part of the tax would be admission of the constitutionality of the meas- ure, the issue at stake. Are equalization for North Dakota, tablishing such a tax in the evel court reverted to the old general property tax system in force before the last legislative assembly action. Last year utilities paid $480,000 anticipated |, Hope of rescue faded for three Dillinger gangsters as they passed under the entrance arch and be- hind the massive walls of Obio state prison at Columbus, of the caravan disappeared within. More than 20 cars, pont and Charles Makley, sentenced to die July 13, shown in the upper picture as the last car bristling with guns, escorted Harry Pier- and Russell Clark, given a life term, for the murder of Sheriff Jess Sarber, trom Lima, ‘O., ecene of their conviction. Below is the “moving arsenal’: * ' First National Bank Mott, N. D., March 30.—Resident: NEW FIELDS SOUG POR RE-EMPLOYMENT Pasa IN FEDERAL DRIY Sees mediately rel deposits, the balance of 26 per cent paid ott of assets of the Johnson Asks Code Authorities Pe. for Views on Prospects for Industry Washington, Dr. ‘William A. charges Friday. LIFTS WORKERS PAY Units in Industry; Salar- ied Men to Share were not, ye il i Wirt telegram. Foulkes’ Hl eee March 30.—(?)—The name of Secretary Wallace, the Roosevelt chief of agriculture, was in- Jected into the house investigation of | Of Mott Is Reopened ‘WALLACE NAMED AS ONE OF ‘REDS IN COMMUNIST SET-UP n be realized | ndiana Educator Makes Refer- ence to Farm Chief in Note to Congressman Wirt's Communism It was demand that W! fal A telegram received from the Gary, Indiana, schoolmaster, quoted Wal- ‘lace and several others, whose disclosed. Representative Foulkes (Dem. ative Bulwinkle (Dem., N. C.), whose resolution for an investigation was adopted late Thursday by the house, said Wirt would get an invitation to appear before a speci probably late next week. Foulkes kept close possession of Rescue Hope Fades as Dillinger’s Pals Enter Prison BELIEVE INSULL IS. [Receive Relief But HEADED TOWARD | Refuse to do Work ANERCA AND TRIAL Aged Fugitive Detained in Tur- key and May Be Deport- ed by Order of Court HELD VIRTUAL PRISONER Negotiations by American Min- ister May Write ‘Finis’ to Strange Flight Istanbul, March 30—(4)—The Tur- kish government decided Friday to hand over the question of the arrest of Samuel Insull to a competent Tur- kish court, probably the penal code of Istanbul. The decision of the Turkish govern- ment was made on the basis of the Provisions of its penal code. ‘The ninth article of the penal code gives Turkey the right to surrender Insull to American authorities with- out the necessity of the Turkish par- liament having to approve an extradi- tion treaty. ‘Though Turkish officials have not yet announced Insull’s actual arrest, the steel arm of the strong Kemalist regime blocked the passage of the steamer Maiotis opposite the mouth of the famous Golden Horn and held the ship's lone passenger a virtual prisoner while the government await- ed the receipt of documents from Wi fashington. Formal steps toward his actual ar- test are to be taken, it was indicated, as soon as the necessary papers are in order. TWO NEW AIRMAIL ROUTES ARE ADDED BY FEDERAL ORDE Chicago-New Orleans and Chey- enne-Pueblo Lines Are Given Approval Washington, March 30.—()—Addi- tion of two new air mail routes was announced Friday by the post office department. One runs from Chicago to New Or- Jeans via Peoria, Springfield, Ill., St. Louis, Memphis and Jackson, Missis- sippi—approximately 920 miles. The other runs from Cheyenne, Wyo., to Pueblo, Colo, by Denver, Colorado Springs, approximately 201 miles. Specifications for air mail routes also were made public by the post- office department. For bidding pur- poses 17 routes were divided into 21. contained the provision that the min- fmum speed be 110 miles per hour. Rates of pay were fixed at from 41 ‘The postoffice department based them on definite weight spaces per airplane mile, one cubic foot being computed airmail. Variable rates of pay contained in 9 are absent in the new specifications. Specifications for each of the routes cents to 45 cents per airplane mile. as the equivalent of nine pounds of the contracts annulled on February Guthrie Says Local Projects Held Up by Actions of ‘Un- employed’ Leaders GOVERNMENT FEEDING THEM Regulations Do Not Require La- bor, Howevr, So Many Remain at Home Many Bismarck men who are re- ceiving relief have refused to work for the money and that is the reason no work-relief projects have been started in the Capital City, James Guthrie, chairman of the Burleigh county emergency relief committee, disclosed Friday. Until the situation clears up and men on relief are will- ing to work for what they are getting, no projects will be launched, he said. The secret of the whole business, he said, is that relief is extended to those who need it, regardless of whether they work or not, and some, knowing this, refuse to work. Technically, however, the argument is over the wages to be paid. Guthrie contends they only get a certain amount for relief, and will get no more whether they are paid 10 cents an hour or $1 an hour. But representatives of the so-called labor organizations, the unemployed council and the labor club, have re- fused to work for less than 50 cents an hour, claiming that if they work Under the old arrangement contrac- for less they will jeopardize their Noted for Fast Action ‘The history of Turkey under Mus- tors were paid more if they had cer- tain additional equipment. Sealed proposals are to be returned chances of getting that much or more on a private job. tapha Kemal led foreign circles to believe that there is unlikely to be any such delay in the handling of the Insull case here as occurred in Greece. Negotiations between Ankhara fielals and American Minister: nef are expected to write finis to the strange odyssey of the man who is wanted in Chicago on charges of embezzlement and larceny in connec- ot- opened publicly April 20. ‘Will Last Three Months Postmaster General Farley. tion with the collapse of the utility empire he bnce ruled. The fugitive from American justice virtually sailed into a trap without thinking, apparently, of the customary rapid-fire action of modern Turkish officials. “The mystery man of the Medit- terranean” was reported still trying te evade arrest and he was said to tofore entered or mails.” at air mail conferences here in 1930, Bidders will be required to furnish the department a list of their officers and directors. to the department April 19 and be ‘The proposals are to cover a three- month period and may..be extended for two periods éf not more than three months each at the option of Bidders will be required to state that none of their officers “has here- to enter into any combination to prevent the making of any bids for carrying the This stipulation is aimed at companies which had representatives Guthrie said leaders of the various organizations have been given copies of the new regulations and know) Matt them as well as the relief officials. As a result they have advised their members not to work for less than 56 cents an hour, afthough~the ‘rate’ set for the city of Bismarck is 45 cents. They Brag About It Among the leaders of the organiza- tions, Guthrie asserted, are men who have received relief for sevral months but who have never done a stroke of work. Not only that, he said, but they have bragged about their ability to get by without working and have encouraged others not to work. In some cases, he said, relief which they have received has not been recom- PAIR ARE ARRESTED ON FORMAL CHARGE IN CHASELEY DEATH Preliminary Hearing in Wells County Slaying Mystery Is Set for April 5 CONFESSION IS CLAIMED But Matthaei, Repregenting De- fendants, Says Admission Means Nothing Fessenden, N. D., March Mrs, Agnes Zirbel, 48, the widow, ker oldest son, Raymond, 21, arrested at noon Friday, charged first-degree murder in the Henry Zirbel, Chaseley charred body, trussed found on a burning st his home the night of Brought before County Johnstone, acting as committ istrate, the two asked for & uance of the preliminary til April 5. W. E. Matthaei, senator and counsel for the made the motion. ‘The motion was granted anti Johnstone fixed bond at $5, reserving the right to raise later if he saw fit. Appearing for the state were J. Heder, assistant attorney general: special prosecutor, and J. W. Schmidt, ‘Wells county states attorney. The new evidence claimed by the state was discovered after P. Sathre, North Dakota attorney gen- eral, had left for Bismarck and had earlier in the day issued a statement that on evidence available at that time the two sons, Raymond, and Carroll, 19, were not connected with the crime. Withstand Examination ‘The two Zirbel sons, who had been ify ut Hit aitcatt i £8 a E> ° forenoon, returned to their home Thursday, apparently on advice of ithaei. Prosecutors indicated Fri- day they were far from pleased that the two boys had left Harvey. ‘The state claims it secured. signed“statement from «Reymond which admission is made of partisl responsibility for his father’s death. Matthaei in a statement, the = statement, although signed, “clearly obtained under duress.” say the boys were physically of committing the murder and that any statements the prosecutors might mended by the county committee but they have obtained it in other ways. Another horn of the velief commit- tee’s dilemma is that provided by the belief of some farmers that pay- ment by the committee of 35 cents an hour to workers outside of Bis- marck will raise the cost of labor to them. Many of them will need help when the spring work starts and they fear the 35-cent rate will become the minimum for farm labor. If any change is made in the rate pay) in the rural areas they want it re- duced. Six projects have been started in the rural districts of Burleigh county. Pointing out that the rules under which the committee works are A number of air line representatives were present when the specifications were made public. They uniformly have told reporters the question of reorganization would be deferred un- lil they were able to see whether sible profits from the new arrange. ment would be great enough to war- rant it. Four additional temporary routes under consideration were outlined by the department. They include: Fargo, N. D., to Jamestown, Bis- marck-Mandan, Dickinson, Glendive, Mont., Miles City, Billings, Butte, Mis- soula, Spokane, Wenatchee, and Seat- tle, 1,286 miles. The postoffice department said it expected a report soon from the war department on the cost of the army air mail service and that this report would be a guide to determine wheth- | er or not all or some of these addi- (168s it is earned, the situation in Bis- be constantly wirelessing his lawyers. in London for advice. Cabinet Ponders Matter At Ankara Thursday night a leng- thy session of the cabinet was held and the Insull case was discussed thoroughly. Robert P. Skinner, American min- ister, said he had asked Turkey to seize the 74-year-old fugitive. Although no official announcement bas been made, it was indicated that bese now, to all practical purposes, & prisoner. Police apparently will not allow the to leave until the problem ee hal attitude has been Chicagoan, in his myster- formation that there had been fam- ily quarrels. Position of the clothes on the slain Senate Leaders See Bonus Bill’s Defeat tional temporary routes could be es-|marck would change within s short tablished. time. e harbor alice boats et ae = North Dakota To Be - House Supporters of Heiress to Divorce | pe ecntnd at Fair] Cotton Bill Pusaled in ert oe maar at oe — it even - Diplo ti c Husban d Psy rey wer Mtarch 30—(P—Vot-| | Washington, March 30.—UP)—House | ator Harrison was one of those who with a booth at the Century of Prog- ress exposition in Chicago this year, March 30-—(P)—Mrs. Cot-|. ‘statewide conferenee called Thurs- ate, “It doesn’t look like the same baby we sent to the senate,” remarked if gE 7 En stile oat i ( k i [ i i | sulted body. ‘The = ib f 2 | i il 33 i BR i ij