The Bismarck Tribune Newspaper, September 20, 1934, Page 1

North Dakota’s a4 STABLISHED 1878 Lind oratoriy URIST'S RULING ON FARM DEBT ACT NOT WORRYING SPONSORS Administration Feels Soundness Adequately Tested Before June Enactment BILL THOROUGHLY STUDIED! Decision Draws Fire From Lem- ke; Declares Judge ‘Cor- poration Minded’ | | washington, Sept. 20.—(P)—The | Harm mortgage. moratorium amend- iment—passed by congress and ap- Proved by the president amid argu- ment over constitutionality—Thurs- day apparently was headed for a su- ipreme court test. The amendment to the national bankruptcy act was held unconstitu- tional Wednesday in a finding by a nited States District Judge, W. Cal- vin Chesnut, at Baltimore. One of the co-authors of the lamendment, Senator Frazier (Rep. IN. D.) was on record, even before the Chesnut ruling, as believing an arly decision would be requested of | he supreme court. The district court decision, based upon dismissal of peti- ions filed by two Maryland farmers, ; vas looked upon as starting the case | along the route to the high court. Confident Bill Is Sound Administration officials were rep- resented as feeling that the sound- ess of the Frazier-Lemke farm mortgage moratorium act was ade- quately determined before it got President Roosevelt's last-minute ap- proval last June. The measure was placed in the tatutes only after considerable study by various officials. Among others Ir. Roosevelt asked Attorney General ‘ummings for his opinion on it. The executive, who approved the fegislation, for-which @ veto had been fenticipated in many quarters, only shortly before the 10 days grace per- od after congress adjourned had ex- pired, conceded it was loosely worded in some respects and would have to lbe amended by the next congress. “Nevertheless,” said Mr. Roosevelt at that time, “the reasons for signing is far outweigh the arguments on the lother side.” The decision of a Baltimore judge) drew @ critical comment from Con- lgressman William Lemke of Fargo, IN. D., co-author of the bill. Lemke was in Des Moines to ad- tess a meeting of the lowa Farmers, union. “The amendment is constitutional,” Lemke declared. “It has been so held by the judiciary committee of the house consisting of 25 lawyers includ- ing some of the ablest in this nation. “It was held constitutional by the judiciary committee of the senate, ithe attorney general, the attorneys lo: the department of justice, the law- vers of the Farm Credit adminis- tration and the attorneys for the de- partments of the treasury and agri- culture.” Lemke helped to draft tbe: mene | ment passed by congress june and known as the Frazier-Lemke amendment. Court Corporation Minded “Apparently this particular court 1s very corporation-minded,” Lemke faid. “The court apparently has over- looked the fact that under the pro- visions of Section 75 of the act only a farmer who is insolvent under the definition of the bankruptcy act can teke advantage of the amendment,” he declared. “It has overlooked the fact that the Constitution gives full and complete Power—not partial—in bankruptcy cases, It has overlooked—or appar- ertly doesn’t understand that when you go into bankruptcy are abrogated, merged into the bank- Proceedings. Tuptey “The court apparently has not read the bill—otherwise it would not talk about confiscation when the bill pro- Vides the debtor shall turn over to the control of the court all his past efforts and accumulations and that the court keeps control until the fair Value is paid for.” “ Lemke described the amendment as/ top-gap until the Frazier-Lemke financing act is passed.” Holt Takes Time Off To Umpire Ball Game Page, Sept. 20.—(P)—Henry Holt, Democratic candidate for U. 8. Sen- ator, took time off Wednesday from hit speaking to indulge in his hobby—playing with boys. Comy an address devoted Jeigely to an outline of the Missouri ‘wer diversion project and what it Deans to water conservation in North Dakota, Holt jumped st the chance © umpiring ® kittenball game. TWo iktace teams opposed each other: game ended in a tie by edict of the umpire, Holt ME aker at the anual fall community celebra- lion staged. by the merchants. ——$—__ yDOWERY BOSS MURDERED ow Sept. Farb, the “Boss of the Bowery” and known for his benevolences to down- 'nd-outers of that part of Manhat- ‘an, was shot down and killed in the fang manner Wednesday might. 4 Oldest Newspaper 20,—()—Harry | ed His Tests Yield Key to Heredity Discovery of a heredity key which promises to explain the mysteries of evolution as the Rosetta stone did the mys- | teries of Egyptian hieroglyphics | is credited to Dr. Calvin B. Bridges, above, of the Carnegie Institution. His experiments were made with the giant | chromosomes found in the cells of the yeast fly's salivary glands | HIGH COURT FILES MAJORITY OPINIONS ON LANGER OUSTER Judge Moellring Delays Minor- ity Report; Expected Be- fore End of Week ma i} Majority opinions in the actions | which led to removal of William Lan- | ger as governor and Frank A. Vogel) as state highway commissioner were | filed in the North Dakota supreme court Thursday. A minority opinion by Judge George H. Moeliring, who voted against dis- qualifying the two state officials be-) cause of their conviction of a felony, | is expected to be filed before the end of this week. The majority opinion — signed by Justices A. G. Burr, W. L. Nuessle,| and John Burke and District Judge George M. McKenna— has been ready for more than a month, but was held up to await Judge Moellring’s minority opinion, Justice Burke said. ‘The court announced its decision that Langer was disqualified from holding office July 17, resulting in po- iitical turmoil when the ousted gover- nor refused to give up the office. At the time. the court announced its opinion setting forth the grounds and legal reasoning on which its decision was based would be filed at @ later Oe dicate on the Langer faction ticket have on several occasions dur- ing the present campaign leveled se- vere criticism at the majority group of the court for delaying the opinion. ‘Justice Moellring, appointed to the court by Langer when Justice L. E. Birdzell resigned to go to Wespingies, will file minority opinions in both the Langer and Vogel cases. He said va- rious court duties have delayed him and that he desired to study the ma- jority opinion before filing his minor- WS, ae majority opinion in the Langer case was written by Judge Burke. | District Court Judge McKenna sat in the two ouster cases in Bee! ‘Justice A. M. Christianson, who a qualified himself voluntarily becau: of his connection with the federal a lief set-up which figured in the tri a of Langer and Vogel on coatees of conspiracy to solicit political cont butions from federal relief wore ‘The two deposed officials ane § eee co-defendants have appealed Ba} cireuit court of appeals. Lang ine under sentence of 18 months i A ee eral penitentiary, and the 4 der sentence of lesser terms. ca ‘The majority opinion, covert ng 3 | typewritten pages. sustains the fod ‘brought by’ Lieutenant Govern a yg, Olson against Langer a of quo warranto requiring t igs jee! ed chief executive to sow é ey. ehet right he pontine gis TsO orignal jurisdiction in A d granted Olson the writ ned in the opinion. Numerous Ve cae other courts are cited to sus: Ae the majority decision. Cites Similar Cases i In duscussing the paeyae of Juris: i court 5 diction ine first in wh Cid Cala Similar situation has ex~ govern several states and in each one Med 8 Jtimately been 50) the question has ul | ed by the aie holding ol en whethe hich @ con~ two claim- it has jurisdiction to . the office of gover= THE y Kid Headed for Supreme Court Test ‘MOODIE WOULD TAX the instant| gu) powers of | to INCOME 10 RELIEVE BURDEN ON FARMER Gubernatorial Candidate Advo- cates Exemption for Strug- gling Homesteader CONSERVATION IMPERATIVE Urges Removal of State Em- ployes From ‘Influence of Political Chiseling Lidgerwood, N. D., Sept. 20—(P)— Revision of tax laws to effect econ- omy in government and taxation of Urearned and earned incomes to ul- timately exempt homesteads in both town and country from taxes was advocated in a political address here Wednesday night by Thomas H. Moodie, Democratic nominee for gov- ernor. He urged that problems of state be attacked “with vigor and with- out prejudice,” proposed that state employes be removed from “influence of political chiseling” through ade- quate civil service regulations to in- sure employment of competent work- ers, and endorsed projects for diver- sion of flood waters and conserva- tion. Emphasizing North Dakota’s need for water conservation, and paint- ing a picture of distress in “des- ert portions” of the western part of the state, Moodie said the state is passing one pioneer era and must Pioneer in the new field of develop- | ment. “Fundamental in this new devel- opment,” he said, “are conservation of its water supplies and classification of its land.” Missouri river diversion and other conservation projects to impound and make available natural water supplies now being wasted because jor di of--natural water sup- Plies throughout the country was endorsed without reservation by the candidate. Moodie declared hot winds created lack of moisture, burned normal crops and prevented their ripening. Discussing land classification, he declared that parts of the state were semi-arid and fit only for grazing. An intelligent soil survey and classi- fication, he said, would turn sub- marginal lands unfit for agriculture, back ‘to the state. “It is wrong to penalize initiative and raise taxes on property because the owner attempts to improve that property,” he said. He pointed to the present method of taxation as “unfair and outworn,” and called for revision. G. F. Lamb, Democratic candidate for congress, told the gathering that the AAA through its allotment pay- ments was giving farmers crop in- surance and building a farm cooper- ative that embraced 77 per cent of agricuture. ‘An estimated 500 persons attended the rally. POISON GAS FIRM EXECUTIVE GALLED IN SENATE INQURY Committee to Hear How U. S. Company Sought to Persuade Columbia to Use Gas Washington, Sept. 20.—A story of how an American poison gas manu- facturer sought to persuade Colombia to form a chemical warfare unit in of|its army was ready for development ‘Thursday at the senate munitions in- vestigation. The committee called B. C. Goss, president of the United States Ord- nance Engineers company, of Cleve- that he presented to Colombian of- ficials two years ago a plan for & division of chemical troops to be train- ed and equipped by him. Information in the possession of in- vestigators indicates that the plan in- volved the building and operation under his supervision in the Latin- American republic of half s dozen factories to produce chlorine, mustard and other gases to arm the chemical personnel. fi e outcome of his which comcided with a dispute between Colombia and Peru, is one of the things the committee seeks to learn from Goss. The extent of United States Ordnance Engineers’ sales of poison gases to China as well as Latin-American Seana also is en- eir al 5 ed ay also sells machine ticularly domestic business, was prother ‘angle the committee sought tackle. fore calling Goss, the committee ve to inquire further into the activities of the Federal. Laboratories, Inc. of Pittsburgh, & competitor of United States Ordnance John W. Young, youthful and Frank 8. Jonas, the company’s New York export agent, are on hand nor devolved © enant gover- ved on the lieutenal nor, the court ent ers into a lengthy nor, «Continued on Page Two) for questioning again. land, for questioning about reports day. ns and this phase of its trade,|© . | by president Rainbow Comes From Behind to Win Third Race Aboard U. 8. C. G. Cutter Argo off Newport, Sept. 20.—(#)—Ably handled by Harold 8, Vanderbilt the American’ defender Rainbow came charging through the wind- ward leg of the 30-mile leeward- advantage Endeavour held at-the halfway mark and score her first victory in three races over the British challenger. The victory made the count two races for Endeavour and one for Rainbow. Rainbow's margin of victory was three minutes, two seconds, ‘The official finish was: Rainbow 3:14:34, Endeavour 3:19, WARIS ACCUSED OF HOLDING BACK $08 UNTIL FIRE RAGED Alagna, Radio Assistant, De- clares Acting Captain Re- fused to Give Orders BULLETIN New York, Sept. 20.—(P)—Alex- ander O. Gettleer, Bellevue hospital BISMARCK, NORTH DAKOTA, THURSDAY, SEPTEMBER 20, 1934 BISMARCK TRIBUNE PRESIDENT TO HEAR MEDIATORS’ REPORT ON TEXTILE STRIKE Gorman Threatens to Add 100,- 000 More to Walkout Un- less Action Is Taken STRIKE FRONT IS CALM New Outbreaks Seen in Maine and Carolina; Guardsmen Remain on Duty Hyde Park, N. Y., Sept. 0—(P}— Findings of the special board of in- quiry in the textile strike were sub- mitted to President Roosevelt today by Gov. Winant of New Hampshire, the chairman. The governor carefuily refrained from expressing any opinion on the strike to newspapermen before go- ing to the summer white house. “We have some ideas,” he said and that was all. Miss Frances Perkins, secretary of labor, also was called to the Roose- velt conference table Thursday and there was every indication that the president was ready to take action on the textile strike. Governor Winant would not con- firm or deny stories that the special board appointed by the president had drafted a report. In the board, Mr. Roose- naming Captain] velt asked that it make a report to burned Morro Castle who died sev- eral hours before his ship was de- stroyed, contained no trace of poison. New York, Sept. 30.—(#)—The federal board investigating the Morro Castle disaster Thursday heard First Assistant Radio Oper- ator George I. Alagna charge that Acting Captain W. F. Warms or- dered an SOS sent from the burning ship only after “strong pleading” on Alagna’s fifth trip to the ship's bridge for instructions. The oper- ator had testified earlier Capt. Warms did not at any time order him to send the 808. Alagna described conditions on the bridge as “unintelligible and con- fused.” He said Capt. Warms “just kept pacing” and he had to follow him about and then doubted if the captain recognized him. This, he said, might have been due to smoke. The man at the wheel, Alagna tes- t:fied, just turned the wheel around and around as though it was out of order and that by the time he had made his fourth trip to the bridge, the wheel had been abandoned. Called Warms ‘Yellow Rat’ Finally, he said, he saw Capt. Warms leaping over the bridge rail to the foredeck and he exclaimed to George Rogers, chief operator who had joined him after sending the 808: “Look at the yellow rat leaving us here—d us.” (Continued on Page Two) Board Sets Linton Hearing for Sept. 25 Protest of the city of Linton over a change in train schedule on the McKensie-Linton branch of the Nor- thern Pacific railway will be heard at Linton September 25, the state rail- road commission announced Thurs- A hearing will be held October 3 at Dickinson on the application of George H. Carpenter, Dickinson, for a class “A” certificate to furnish motor freight, express and passenger service between Winget Bow- ts. Hearing on the application of the Northland Greyhound lines of Min- motor passenger Dickinson and the service between Montana state line will be conducted at Medora October 2. N. D. Farmer, Struck By Locomotive, Dies Portal N. D., sept. 2 20.—(?)—Char! les Green, 45, farmer near Portal, died ‘Tuesday night, Secretary Perkins by Oct. 1. Gov. Winant came tc Hyde Park alone. He met Secretary Perkins at the president’s home. Other developments along the gen- eral textile strike front Thursday were: Demands Report Be Public ‘Washington—Francis J. Gorman, chairman of the textile strike com- mittee, demanded that the report of while Secretary Perkins and Gover- nor John G. Winant, chairman of the mediation board, were on their way to @ conference with President Roosevelt at Hyde Park. “It is apparent,” Gorman said, “that the report is in the hands of Secretary of Labor Perkins and it ought to be made public at once. The delay that has already taken place 4s astonishing and I am unable to account for it. Unless it is made public I fail to see that anything is to be accomplished through that re- port and the Winant board might as well not have been named. “Obviously-we can take no action on the basis of a report that is kept secret. I fail to see what service can (Continued on Page 7) FARMERS REITERATE DEMAND JAPS LEAVE vez VALLEY IN ARIZONA Japanese Consul General Asks Intervention by Governor to End Old Feud Phoenix, Ariz, Sent. 20.—(?)— Dynamite has shattered the quiet Salt River valley has enjoyed since white farmers recentiy withdrew their demand that Japanese and Hin- dus evacuate their lands. ‘Three bombs were hurled on Jap- anese farms Wednesday. Twenty acres of farmland were inundated when one explosion tore out an irri- gation dam. The home of R. Sugino was slightly damaged in another blast. In all three cases, dynamite was set off in irrigation ditches near the homes of Japanese farmers. No one was injured but the Rev. Junro A. Kashitani, Japanese leader, demanded protection of “life and property of Japanese” in the valley Anti-oriental agitation has “gone too far” he sald in protesting to Consul meral Tonokazu Hori in Los An- geles. “I am relying entirely upon the Justice of the Ameri. Beauty Brings Finland New ‘ee Honor Unsettled and colder ht, ature near freezin, ‘enighy The Weather 4 temper- PRICE FIVE CENTS naping Case Breaks ‘ALLAGED REGEVER OF $000 RANSOM ~ TAKENINNEW YORK Two and Half Year Old Case of Abduction-Slaying Be- lieved Near Solution BERNARD HAUPTMANN HELD ‘Over $13,000 of Money Paid by Colonel Recovered in Making Arrest New York, Sept. 20.—(#)—Police an- nounced Thursday they have in cus- tody the man who received $50,000 ransom money paid by Col. Chalres A. Lindbergh in an ineffectual effort to recover his kidnaped son two years ago. The man is Bernard Richard Hauptmann of 1279 East 222nd St., the Bronx. The announcement said the man is an alien and came to this country as @ stowaway 11 years ago. The brief pofice announcement con- tained no further details, but the air at the Greenwich street police sta- tion, where the announcement was made, was surcharged with rumors. Police Make Announcement ‘The announcement said: “We have in custody the man who received the:ransom money. He is Bernard Richard Hauptmann, of 1279 East 222nd 8t., the Bronx. He is an Esther Toivonen of Finland proves that her little country is not only & producer of champion athletes but of champion beauties as well. She was selected as the most beau Hastings, England, part. Now she will compete 4-Month-Old Butte Strike Concluded Butte, Mont., Sept. 20.—()—Butte's four-month-old strike of copper min- ers and affiliated workers in Great Palls and Anaconda ended Wednes- day when a working agreement with the Anaconda Copper Mining com- pany was signed by union represent- atives, The strike, which began May 8, in- volved 4800 mine, mill and smelter men and drew in several hundred craftsmen of Butte, Anaconda and Great Falls. The latter went back to work two weeks ago after reaching an agreement with the company. Under the settlement plan, the company granted a closed shop and a 50-cent wage increase, among other concessions. Representatives of the company said work will start immediately in re- conditioning the long-closed mines of the “richest hill on earth.” WISCONSIN PARTIES PLAN FALL DRIVES Indications of Strength in Tues- day Primary Obscured by Light Vote Milwaukee, Sept. 20.—()—With in- dications of party strength obscured and complicated at a light vote and a third party cutting down totals of the two old parties, nominees in Tuesday’s Wisconsin primary Thursday outlined their drives for offices in the Novem- ber voting. A The closest race of the primary was the Democratic battle for the sena- torial nomination. With only a few hundred of the state’s 2916 precincts unreported John M. Callahan was as- sured of the nomination through his ead over Francis McGovern, former Republican governor. In the congressional races, eight of Wisconsin's 10 representatives were renominated—four Democrats, two Republicans and two Progressives. ae two others did not seek re-elec-j Democratic Governor A. G. Schmed- eman polled 120,000 more votes than his closest rival, William B. Rubin. For the Republican gubernatoria) nomination, Howard T. Greene, dairy farm operator, garnered 30,000 more votes than former governor Fred Zimmerman, his closest of two rivals.’ In the Progressive fight for the gov- ernor’s nomination former governor Philip LaFollette won easily from H. O. Meisel, his only adversary. Senator Robert M. LaFollette, seek- ing re-election on the ive ticket, collected 137,475 votes. He was unopposed as was John Chapple, Ash- land editor running for the Republi- can senatorial nomination. Chapple polled 111,973. i When the ‘icial tabulation was stopped, the Democritic party was in the lead 6n total votes. In 2819 pre- cincts out of 2916, Democratic can- didates for governor polled a total of 215,983, as against 156,096 for the| tiful girl in Europe at a contest in in which representatives of sixteen nations took for the title of Miss Universe. TROTZKY IS LINKED WITH COMMUNISTIC UPRISING IN SPAIN Revolt Scheduled for Daybreak | Proves Abortive After Plot Is Revealed Madrid, Sept. 20.—(#)—The name of Leon Trotzky, exiled leader of Soviet Russia, flashed into the picture ‘Thursday as a revolutionary uprising scheduled for daybreak proved abor- tive. Refael Salazar Alonso, minister of the interior, described plans for the rebellion as “Trotzky's strategy, mix- ed_with American gangsterism.” There have been persistent reports that Trotzky, ordered from Florence last April for revolutionary activities, had been seen in Catalonia recently. Attempts to learn his whereabouts through French officials proved un- fruitful. The “zero hour” for the outbreak passed under the vigilance of govern- ment guns and there were few signs of the threatened Communist and Socialist revolt. Authorities said the plot was re- vealed Wednesday by the arrest of Francisco Ordonez, athletic coach at the University of Madrid, and the seizure of documents he carried. Cabinet members and high officials hee been marked for death, police Jansonius Schedules Citizenship Hearings Judge Fred Jansonius will conduct naturalization hearings in eight coun- ties next week beginning Monday at Jamestown. Other hearings have been schedul- ed as follows: Sept. 25, Carrington and New Rockford; Sept. 26, Fessenden; Sept. 27, Steele and McClusky; Sept. 28, Washburn; and Sept. 29, Bismarck. The naturalization examiner from St. Paul will accompany Judge Jan- sonius. U.N.D. Enrollment on Second Day Is 1,252 Grand Forks, N. D., Sept. 20.—(?)— Registration at the University of North Dakota Wednesday soared to a record exceeding enrollment at this time a year ago by a margin of 105 students, At the close of the first day of classes and the second day of regis- tration for the 1934-35 term, Regis- trar R. O. Wilson announced a total of 1,252 enrolled as compared with 1,147 on the second day of the 1935-34 session. Of the total, 454 were freshmen, as against 353 a year ago. CHICKEN FISHERMAN FINED Lexington, Ky. — Neighbors com- plained that James Farris, Negro, was baiting a fish hook with grains of corn and catching their chickens over the back yard fence. Haled before Judge Clyde O. Burton, Parris was ives in 2818 precincts and 146, for the Repubicans in 2783 fined $10—“for fishing without a li- cense!” alien who came to this country as a stowaway eleven years ago.” One of the reports, unconfirmed, said that Hauptmann a short time’ ago paid for some gasoline at a Bronx filling station with a $10 gold certificate. The proprietor became suspicious at the use of the banned money and notified police. The report said that the man had an automobile which was found to have been stolen in New Jersey, near Lakewood, the : night before the Lindbergh baby was kidnaped March 1, 1932. After the formal announcement, Commissioner O'’Ryan, Col. J. Nor- man Schwarzkopf, superintendent of New Jersey state police, Inspector Lyons, Lieut. James Finn, q Edgar Hoover, head of the bureau of investigation of the department of Justice, came into the hearing room of the station for questioning. | $13,000 of Money Found O'Ryan, after re-reading the an- ;Nouncement of the arrest eaid: “We jhave the ransom money, found on jthe premises of this man, and will allow it to be le ; “How much of the money have you recovered from Hauptmann?” a reporter asked O’Ryan. Thirteen thousand, seven hundred fifty dollars , in $10 and $20 bills, O'Ryan replied. “How many people have you in custody?” “One at the moment,” said O’Ryan. “Do you believe Hauptmann kid- naped the Lindbergh baby? report- ers asked. “I have no comment at this time,” O'Ryan replied. “In your opinion,” a reporter ask- ed, “does this solve the Lindbergh kidnaping?” O'Ryan conferred for a moment with officials and then replied: , “Yes, it will.” Case Breaks loon An impending “break” in the two- and-one-half year old mystery be- came apparent shortly after noon when Dr. John F. Condon, the “Jaf- (Continued on Page 7) FARMERS CONCLAVE VOTES DOWN STRIKE Reno Declares Nothing to Sell, Nothing to Gain by Move at This Time Des Moines, Sept. 20.—(#)—The board of directors of the Nationai Farmers Holiday association meeting here Thursday unanimously decided that a farmers’ strike would not be called at this time, Milo Reno, presi- dent of the association, announced. Reno said that a discussion on the subject brought out that the farmers had nothing to sell and that they had nothing to gain at this time. At the same time, a resolution pro- posing the calling of a farm strike is expected to be considered by the Iowa Farmers Union, which now is holding its annual convention here. Fire Threatens New Fort Peck Townsite Fort Peck, Mont., Sept. 20.—(P)— A fire that ravaged the hospital build- ing under construction here serious- ly threatened to sweep the northwest end of this new townsite before it was controlled and extinguished early ‘Wednesday. Major Thomas B. Larkin, engineer in charge of construction of the Fort Peck dam and townsite, will make an official report of the blaze, and *» federal board of inquiry may be name= to make an investigation. SNOW IN CANADA Winnipeg, Sept. 20.—(?}—Snow fell ‘in Alberta Wednesday and there were threats of snow in the rest of the prairies, Edmonton, Calgary, Leth- bridge and several other points in the foothills of Manitoba reported snow. With the exception of Medicine Hat and Banff, Alberta temperatures were all below the freezing point,