The Bismarck Tribune Newspaper, May 2, 1934, Page 1

t ig (raat acorns, North Dakota’s ESTABLISHED 1873 Court R Gummer Views re In Wick Murder WHETHER HE COULD RECOGNIZE MAN IS NOT MADE PUBLIC Arthur C. James Accused of Crime for Which Gummer Is Serving Term SPENT NIGHT IN JAIL HERE Witnesses Fail to Identify Him as Robber of Dakota Na- tional Bank William Gummer, who has served 13 years of a life term in the North Dakota penitentiary for the murder of Marie Wick in Fargo in 1921, came face to face in Bismarck Wednesday with a man suspected of the crime for which he is serving time. ‘Whether Gummer recognized the suspect or not was not disclosed by A. R. Bergesen of Fargo, state's attorney of Cass county, who is taking the suspect from Wyoming to Fargo for trial on a charge of murdering Miss Wick. ‘The suspect is Arthur C. James, in| custody of three Cass county offi- clals. Gummer and James looked at each other for some time in the Burleigh county jail, neither saying anything. It is the state’s contention that James spent the night of June 7-8, 1921, when Miss Wick was attacked and slain, in the old Prescott Hotel at Fargo but failed to register. He is alleged to have spent the night in the room of one “James Farrell,” who, officials claim, was one Harry “Blackie” Carter, also charged with the murder of Miss Wick. Gummer Was Clerk Gummer, who was clerk in the ho- tel at the time of the murder, be- lieves he could identify the man who registered as “James Farrell.” Whether or not Gummer believes he saw James in the hotel the night of the murder probably will not be disclosed until the suspect has his preliminary hearing in Fargo. In addition to Gummer, several Bismarck persons looked at James in his jail cell here, local authorities be- lieving he might be identified as one of the marauders who held up and robbed the Dakota National Bank and Trust Co. here Aug. 7, 1930. None of the witnesses rec James, however, according to Police Chief C. J. Martineson of Bismarck. It was indicated James’ alleged re- lations with “Blackie” Carter, suspect in the robbery for some time, were the basis for the suspicion. Called to view the suspect sigh M. H. Sidener and John Lobach, local druggists who overheard too men de- clare “there will be a hot time in the old town tomorrow” the day before the robbery; J. E. Davis, president, and A. A. Mayer, assistant cashier of the robbed bank; and Charles Whit- tey, customer in the bank at the time | f of the robbery: James Not Questioned James was not questioned in regard to the holdup. The Cass county officials left Bis- marck for Fargo with their prisoner ‘Wednesday afternoon. James was one of seven persons charged with the murder of L. J. Schiller, raged and wealthy miller Indian Is Injured in Automobile Accident Elevators at Forbes Destroyed by Flames Forbes, N. .D., May 2.—(7}—Two fee, Oldest Newspaper when taken into)‘, BISMARCK, NORTH DAKOTA, WEDNESDAY, MAY 2, 1934 | Soap Maker Dies | Maker Dies 1_ Sone eer De | COL. WILLIAM C. PROCTER Known for his activity as an indus- trial leader and philanthropist, Col. William Cooper Procter, head of the Procter and Gamble Co., died Wed- nesday at Cincinnati, O. INDUSTRIAL LEADER SUCCUMBS IN OHIO; [ADMINISTRATION IS |7 Seeks Judicial Post | RAPPED AT MEETING OF BUSINESS HEADS Harriman, However, Reports Economic Horizons Bright- ening Everywhere ROBERTSON LEADS ANTIS Electric Industry Chief Says Need Is Better Plans, Not More Plans ‘Washington, May 2.—(?)—Strong criticism of the administration was mingled with praise Wednesday be- fore the 22nd annual convention of the Chamber of Commerce of the United States. Henry I. Harriman, president, open- ing the first general session, reported the new deal’s first year had seen brightening economic horizons every- | where, Immediately following, A. W. Rob- ertson, chairman of the Westinghouse Electric Manufacturing Company, made this statement: “The treatment ailing business is WAS NOTED FIGURE Col. jam C. Procter Contrib- uted Indirectly to Wil- son's Fame Cincinnati, May 2.—(@)—Col. Wil- Mam Cooper Procter, 72, Cincinnati industrial leader and philanthropist, died Wednesday morning. Friends of Procter claimed for him that he contributed indirectly toward making Woodrow Wilson president of the United States. AS & graduate of Princeton Uni- versity and later as a trustee, he made determined efforts to bring about modifications in the adminis- trative policies of the university. As part of his plan, he favored the es- tablishment of.a graduate school that would enjoy freedom from control by the university head and set aside $600,080 foe the endowment :cf:uch's ” Wilson Had Own Ideas Wilson, at the time president of the university, welcomed the gift and approved its purpose, but insisted that the department should be coordinated with the others of the institution. In an effort to carry his point, Wilson made a trip to Cincinnati to induce Procter to modify the terms of his ott which he refused to do and it was declined. ‘The issue over the gift tated & controversy, in the midst of which stipulated by Procter. sway the governing board of the u versity to meet the terms of the ber juil, Procter was the third of his family to head the Procter and Gamble com- pany, soap manufacturers. His pa- receiving reminds one of the patient who was purged, and when I say purged I mean purged—bled white with leeches at both wrists and tem- Ples—fed a powder of dried brains, cnet ,yet, said the old account, he Robertson in his attack asserted a Planned economy was “undoubtedly necessary,” but added that “we need better plans, not more plans.” Harriman asserted actual unem- ployment had been reduced to four millions. He praised the abolition of child labor. It was in connection with NRA that a = ® plea for business cooper- ation: “In the carrying out of an experi- ment of such vast proportions, takes are to be expected, improved business activity, the wide experience already acquired under codes, it is most essential that both business and the government co- operate to preserve that which is good re eliminate that which is bad, in the recovery act, and, indeed, in the whole recovery program.” Harriman found reason for “conser- vative optimism,” concerning domes- tic business conditions. He said the index of business activ- ity had risen from 61.7 in February ‘33 to 785 in March of the present year, and that the whole price level index in the same period had risen from 59.8 to 73.7. Declaring there were about seven million people out of work, Harriman asserted that about three million of them are normally unemployed, leav- ing the present excess at around four millions, st to| Dillinger Auto Is Found in Chicago Chicago, May 2—(#)—A Ford se- =| dan, stolen by John Dillinger in his escape from a federal trap at Mercer, ae teen ago, was found aban- Procter was responsible for many of the movements inaugurated by the company for the welfare and im- Ready for Cy Seeks Judicial Post ‘JUDGE ©. W. BUTTZ After 22 years on the bench in the second judicial district, Judge C. W. Buttz Wednesday announced his can- didacy for a Pisce on the state su- preme court. HEALTH OFFICERS LEAVE FOR HOMES 10th Annual State Conference Was Concluded Here Tues- day Afternoon A business session late Tuesday marked the close of the 10th annual conference of North Dakota health officers. Election of officers and reading of committee reports featured the final day's activities, Named to groups of the official family were Dr. E. G. Sasse, Lidger- wood, president; Dr. George 8. Spiel- man, Mandan, vice president; and Dr. Maysil M. Williams, Bismarck, reelected secretary-treasurer. THE ‘BISMARCK TRIBUNE The Weather Le ie, Went | root Vocighi if cleat: warmer’ Taare PRICE FIVE CENTS ejects Embargo Appeal JUDGE ¢, W. BUTTZ HAS ENTERER RACE FOR SUPREME COURT Devils Lake Jurist Serving Sixth Term on Bench in Sec- | ond District LIVED IN N. D. HALF CENTURY Not Brought Out by Any Fac- tion But Solicits Support From Everyone Devils Lake, N. D., May 2—(— Judge C. W. Buttz of Devils Lake, serving his sixth term as judge of the second judicial district, Wednesday announced his candidacy for the state supreme court. Appointed in 1911 by Gov. John Burke to fill a temporary vacancy, Judge Buttz was elected to the posi- tion in 1912 and since has served continuously as judge of the largest judicial district of the state. In the 1932 election he led the field by 5,000 votes and thereby attained the six-year term. He is the second oldest trial judge in North Dakota in point of service. ‘When first named in 1911 he was one of the youngest men to go on the dis- trict bench. Announcing his canaiiecy, Judge Buttz said: “I have decided to submit my can- didacy for the supreme court to the voters of the state. In doing so, I shall stand entirely upon my record of 22 years service on the bench. “I have not been brought out by any Party or faction, but I shall welcome the support of the men and women of all parties and factions. As a mat- ter of law, judicial nominations and elections should be free from partisan considerations. In my several cam- Registered were 102 ‘health officers tpaigns for the district bench I have’ and public health nurses, compris- ing the largest attendance since the group began its annual conferences, Dr. Williams said. Meetings held in connection with the conference were those of the “fel- lowship club” of the association of public health nurses. Unusual practical demonstrations of skin tests, with demonstration of technique and reading of results, were Presented by Dr. A. M. Brandt, Bis- marck. Dr. Fannie Dunn Quain led subsequent discussion on the subject. Dr. H. A. Brandes, Bismarck, chair- man of the executive committee, state advisory committee on health of the FERA, outlined work of the relief committee as it concerns health. He ‘told of mass immunization for diph- theria and smallpox. Nursing problems and projects were discussed by Miss Pearl Salsberry, di- rector of field activities of the FERA and Margaret Skaarup, supervisor of district nursing service at Jamestown. INCUMBENTS WIN IN SOUTH DAKOTA RAGE Democratic Slate Unbroken inle Primary; Allen to Lead G. 0. P. Forces Sioux Falls, May 2—(7)—W. C. Allen, seeking the Republican nomi- §|nation for governor, held a iead of more than two to one over the near- est of his three opponents as addi- tional returns were tabulated Wed- nesday from Tuesday's primary. He had polled 33,045 votes in 1,313 of the state’s 1,925 precincts, com- pared with 15,528 for Otto Kaas, next highest, 14,936 for D. K. Loucks and ‘les Alseth. topherson, former representative, won @ four-cornered fight for the Repub- lican congressional nomination in the first district, Governor Tom Berry held a lead of more than 30,000 over Lieut. Gov. Hans Ustrud, ‘Ustrud’s 11,299, in 1,105 precincts, ‘Peeping Tom’ Hel‘ By Bismarck Police an sidetracks of low revenues, au- thorities said Wednesday. never carried a partisan endorsement. However, in view of the fact that cer- tain partisan endorsements have been made, I shall appreciate the support of any and all groups or organizations which may deem my candidacy wor- thy of such support. Will Deal Impartially “If selected, I shall feel free to per- form the high responsibilities of the office impartially and with an eye only to what is just and right between man and man.” Judge Buttz came to North Dakota at the age of six with his parents, who settled on a Ransom county govern- ment homestead, 50 miles from a rail- Toad, in 1881. A product of North Dakota common schools, Lisbon high school, old Dakota College at Lisbon and the North Dakota Agricultural college, he graduated from the Col- lege of Law at the University of Min- nesota in June, 1900, and entered law practice at Minnewaukan. For five years, state’s attorney of Benson county. With great capacity for work, Judge Buttz has functioned as trial judge not only in his own district, but in nearly every county in the state, and often as a special judge on the su- He owns and personal- arm and cooperative mar- keting agencies, being one of the ite the establish- land banks, and gave dollar wheat move- director and Istrud, polling 41,741 votes to| American bar associations. ‘AGRICULTURE. WILL JOIN FIGHT AGAINST RECIPROCAL TARIFF Farm Leaders Oppose Any Weakening of Protection Now Being Enjoyed REPUBLICANS PLAN BATTLE See No Hope of Blocking Enact- ment of Measure in View of House Action Washington, May 2.—()—Agricul- tural opposition reared against the Roosevelt reciprocal tariff bill Wed- nesday as senate Republicans map- Ped a concededly hopeless campaign against the measure, already passed by the house. Chester H. Gray, vice president of the American Farm Bureau Federa- tion, declared his organization is op- Posed to any measure containing pro- visions which might affect adversely the tariff protection now enjoyed by American farm products. He asserted other farm organiza- tions also are virtually unanimous on. this point and particularly oppose any downward revision in tariffs on for- eign fats and oils which enter into competition with American butter, cottonseed oil, and animal fat. Grange Opposes It The National Grange, Gray said, is opposed to the entire bill and does not favor “giving the president such broad powers.” Even the most stern opponents of the measure on capitol hill, however, conceded that the Democratic ma- jority could push the bill through in about the form it pleases. Republicans, nevertheless, plan to get behind an amendment that would prevent tariff reductions on any farm products. The senate finance committee Wed- nesday approved the bill with an amendment providing for hearings of affected industries before any tariff reductions are put in force. The measure, to empower the pres- | ident to negotiate trade agreements with other nations in an effort to pro- mote prosperity, already has been Passed by the house. ‘The committee gave speedy endorse- ment to the administration's plan without a record vote. The amend- ment providing for hearings, which President Roosevelt favors, also was accepted without a roll call. Chaseley Youth Is Released on Bond Fessenden, N. D., May 2.—(®)— Carroll Zirbel, 19, held in the Wells county jail here on a charge of mur- dering his father, Henry Zirbel, was at Mberty Wednesday on $5,000 bond. His hearing will be held May 14 to. which date hearing for his mother and brother Raymond, also charged with the murder, was postponed fol- lowing a conference Tuesday night between Attorney W. E. Matthaei and State’s Attorney J. W. Schmidt before Judge R. G. McFarland. Mrs. Zirbel and her son Raymond also are at liberty on $5,000 bond. Copelin to Continue Automotive Service Announcement that it will continue in all-around garage and automotive service business, despite the fact it recently terminated its contract with the Ford Motor Co., was made Wed- nesday by the Copélin Motor Co., 520 Main avenue. “We operate a complete one-stop service station,” an announcement by F. A. Copelin to customers said, “serv- ing you with all mechanical repairs, body and fender work,'tires and bat- teries, tire repairing, high pressure lubrication, car washing, gasoline and oil.” Thieves Break Into : Kintyre Postoffice Thieves broke into the Kintyre Postoffice located in the Fallgater general store there Tuesday night, according to word received in Bis- marck at Soo Line offices. Some money belonging to the post- office and a revolver were taken, but no merchandise was stolen from the store. No clue as to the identity of the thieves had been obtained Wed- Sportsmen at New |: | England Are Lucky | (Tribune Special Service) New England, N. D., May 2.— New England Teceived >. Leads Mass Flight | Peach rant otek Soha DECLINES 10 PASS ON STATE ARGUMENT RAISED BY SATHRE Says Matter of Constitutional- ity Was Not Properly Pre- sented to It PRIOR DECISION TO HOLD™ Attempts to Hold Grain Within North Dakota Will Con- tinue to Be Illegal Washington, May 2—(?)—The su- Preme court refused Tuesday to pass on the validity of the North Dakota grain embargo act and proclamations issued under it by Governor William \dependent Republican candidates on Responsibility of leading the most extensive mass formation flight on record goes to Lieut. Col. Ross E. Rowell (above), Marine Corps flyer. He commands a squadron of 22 land Planes scheduled to fly ‘5,000 miles during participation in fleet maneu- vers in the Caribbean area. JOHNSON DECLINES TO BE CANDIDATE FOR STATE OFFICE Casselton Man Will Not Run for) Lieutenant Governor; Fred- rickson Named Jamestown, N. D., May 2, — (P) — Fred J. Frederickson, mayor of Valley City, was named as a candidate for X ctomant governor to fill the va- cancy caused by Roy C. Johnson, Cas- selton, who declined to run, when In- the state ticket and members of the executive committee met at the Glad- stone hotel here. Clyde Duffy, Devils Lake attorney, chairman of the state executive com- mittee, was named campaign man- ager and Mrs. E. D. Morton, Bimarck, was named assistant manager in charge of women’s activities. V. R. Corbett, Minot is secretary of the committee. J. C. O'Berg, Bismarck is treasurer. W. E. Byerley, Velva, is chairman of the finance committee of the execu- tive committee with P. W. Eddy, Jamestown, H. C. Young, Fargo, Bur- nie Maurek, Sanish, F. L. Whitney, ‘Dickinson, and Joseph Rabinovich, Grand Forks, as members. No action was taken in filling the place left vacant at the Devils Lake meeting. The party is to be known as Independent Republican and has no connection with the old I. V. A. Party, it was announced. Committee members here were Duffy, Corbett, O’Berg, Frederickson, and O. B. Burtness of Grand Forks. Townley Will Seek Post in Congress Moorhead, Minn., May 2—(?)—A. C. Townley, one-time head of the Nonpartisan League in North Dakota, announced at the conclusion of an address to members of the Allied Voters association here Tuesday night he will file from the ninth Minnesota district for a seat in congress. In two weeks he will begin a speak- ing campaign throughout the district, he said. Lauding Gov. Floyd B. Olson and the Farmer-Labor platform, which he termed socialistic, he predicted that within a short time idle factories in Minnesota will be placed in operation by federal authority, giving work to hundreds of unemployed. Federal funds would be used, he said. He based this statement, he said, on information given him by the gover- nor in a recent conversation. The governor has a planning board en- gaged in making preparations for the procedure to be followed in opening the factories, he declared. Democrats in 49th Back New Englander (Tribune Special Service) New England, N. D., May 2—Joe J. Pechtl of New England has been en- dorsed by Democrats of the 49th dis- trict (Adams and Hettinger counties) Langer. It confined the argument of counsel, in an appeal brought by Governor Langer and other state officials, to the question of whether a three-judge federal district court has abused its discretion in issuing an injunction suspending the embargo until the val- idity of the statute could be decided, Attorney General Peter O. Sathre appeared as counsel for the state and declared that the real question was the validity of the embargo act and the governor's proclamation and said he was prepared to argue it if permit- ted by the court. Chief Justice Hughes, Justice Van Devanter and other members of the court stated the appeal, which had been taken from the injunction order, precluded a consideration of the con- stitutionality of the embargo statute {and restricted the court to a decision ; a8 to whether the constitutionality of the embargo act was so clear the three-judge court had abused its dis- cretion in granting the injunction. Attacked hy Elevators After the embargo statute was en- acted by the North Dakota legisla- ture and Governor Langer issued his jProclamation under it, the Grandin Farmers’ Cooperative Elevator com- Pany and 31 other elevator and ware- house companies challenged its valid- ity, claiming it constituted illegal re- straint on interstate commerce. Its. 1. enforcement was enjoined until its validity could be decided. Sathre insisted the intention of the embargo act and the was to control the movement of grain in North Dakota before it entered in- terstate commerce and that North De- kota was not attempting to control it after it got into interstate com- merce. Chief Justice Hughes suggested the injunction had been issued months ago and that the state should have pushed the trial of the case involving the constitutionality of the embargo act. Sathre failed to convince the court that the injunction was an abuse of discretion and the court indicated that it had found no ground for re- | viewing the action of the three-judge court in granting the injunction and that the appeal of the state would be dismissed, probably next Monday. Valley Gets Relief From Spring Drouth Showers fell in the eastern part of North Dakota Tuesday night and Wednesday morning, accompanied by |severe hail storms east and west of | Fargo. |west as Valley City with a light The rain extended as far sprinkle at Jamestown. Eastward rain fell to Detroit Lakes, Minn. A light sprinkle of rain fell in Bis- marck Tuesday morning but the skies Partly cleared about 9 a.m. The weather report Wednesday morning was for cloudy weather Wednesday night and Thursday with local frost ‘Wednesday night. Somewhat warmer weather was predicted for Thursday. The highest temperature for the 24 hour period was 75 Tuesday and the lowest was 36. At Grand Forks the weather Tues- day was freakish, the temperature falling 41 degrees between early af- ternoon and 7 p. m. from 89 to 48. Twice during the afternoon daylight was turned to darkness by dense clouds of dust sweeping down the the northwest. In the interval there were showers of rain and hail. To Arraign 25 Held In Raids at Mandan to run for the North Dakote legisie- 7 ture this year, it is announced by L. H. Boknecht, of the Het- ba central Pechtl is 32 years old and married. He has been in the automobile busi- ness in New England for the last doz- en the the ars and was educated at state agricultural college and Railroad company for the purchase of a new Diesel-elec- tric locomotive,