The Bismarck Tribune Newspaper, February 27, 1935, Page 1

2 ’ nesses in open court was North Dakota’s THE BISMARCK TRIBUNE ESTABLISHED 1878 BISMARCK, NORTH DAKOTA, WEDNESDAY, FEBRUARY 27, 1935 PRICE FIVE CENTS Senate Passes Revenue Bills Section 7-A of NRA Held Unconstitutional msm ACTED ON WITH GOVERNMENT LOSES THE PRESIDENT DRIVES —— OPEN mace HOUSE DISPOSES OF ‘Immediate Need’ Relief LERT ON ( wkd IMPORTANT BATTLE ’ Sexson Rea f: a2 BILLS T0 BEAT To Get Senate Action 50th Day Session Resumed at ON RECOVERY j (T BOTH D AY DE ADLINE 9:30 A. M. After Lasting Un- Decision Denies Plea for Injunc- —$ $$ > Deadlocked bene Agreel? Life Sacrificed til 2 A. M. Wednesday Funds Must Be to Meet = Lower Assembly Turns Back Emergency Now bs pobre snapganatnostaa tion Restraining Steel Company’s Union Clock to Enable Swamped ne: Senate to Catch Up AWAIT PRESIDENT’S MOVE PRESENT PLAN ADEQUATE Weirton Firm Wins Case on Proposal Providing for Liquor Dispensation Under Munici- pal Control Favored Bills providing for liquor dispenmne tion under municipal control, a state Executive Holds Key to Tangle; LIQUOR PROPOSAL BEATEN) |... Upon Return From Pass Two of Four Educational Hyde Park ighwi state police Contention Its Dealings Not ean mover ering ot anieeneine ¢riv- se Measures Designed to Washington, Feb. 27.—()—Senate ers, and a two per cent sales tax, Interstate jommerce Aid Rural Schools forces which are deadlocked with were among more than a hundred President Roosevelt over the $4,880,- —\—_———_ 000,000 work relief bill proposed Wed- ‘With 22 bills disposed of, the house |nesday that congress vote funds at began to turn back the clock Wed-|once to meet immediate relief needs nesday for an hour and a half to en-|and take more time to settle differ- able the senate, swamped under a/ences over public works. mass of bills, to catch up with the| Senator McCarran (Dem., Nev.), lower assembly. author of the prevailing wage require- ‘The house climaxed its action Wed- | ment written into the bill against the nesday by decisively killing the house | president's wishes, said he will favor bill to legalize the sale of liquor in| such action “if the controversy con- North Dakota with distribution|tinues.” He suggested an immediate through privately-owned retail liquor | appropriation sufficient to care for stores under s municipal licensing | those on relief until July. system. The bill had been voted) With the work relief measure locked down Tuesday night but was called in| away in a committee room, and the for action again Wednesday under | senate floor cleared of speeches by an reconsideration. The vote on the/all-day recess, the capital waited proposed measures acted upon by senate in attemping to clean up it calendar by 3 p. m. Wednesday. Resuming its ‘session at 9:30 8. m. Wednesday after working until 2 o'clock in the morning, the senate planned to clean up about 40 addi- tional bills on the calendar. bd ‘Wilmington, Del., Feb. 27.—()—The federal government lost a major bat- tle under the national industry re- covery act Wednesday with a ruling by Judge John P, Neilds that section 7-A is “unconstitutional and void” as applied to the Weirton Steel company ‘and its business. The decision denied the govern- ment's plea for an injunction to re- strain the company from dealing col- lectively with its employes through the so-called company union and held that the union is adequate under the act. “The enactment of section 7-A either is authorized by the commerce upon. The senate also approved measures tightening cigarette law enforcement, doubling the present tax on beer, regulating and grading of potatoes, and bills calling for appropriations of more than $2,650,000 for state insti- tutions and state departmental activi- ‘6 During a quiet week-end at his boyhood home at H: ark, N. V., President Roosevelt en; are we ‘Roose- i a Perr pli reineiapar thet ted pte from official aftaira and went fer a sleigh ride in Mfashlened’ mannee with hie Gaughtes angeon. | with two — sade ‘ tee approve Uniensaneet ALseuiaag ruled. He regen pon “the in-law, Mr. and Mre, John Bosttiger. The President is handling the reine. (Associated Press ») ‘The house also passed s portion of| He planned to head back Wednes-| A martyr to science, Lucretia | The senate, Ly a vote of 26 to 22, measures | day from a visit to his home at Hyde, Wilder, above, 23-year-old Min- | with one member absent, proponents said were designed | Park, N. Y. A conference with senate| neapolis laboratory technician, is {Senate Concurrent Resolution L, to aid the rural schools. Of four bills| leaders Thursday was predicted al-| dead because a rabbit scratched | which would provide for an amend- in house passed two. [though Senator Robinson of Arkan-| her while she was experiment- | ment to Article Two of the State Con- Bills aaa Grocery Orders — | GOVERNMENT DIG in in hope cf finding a cure for | stitution which if approved would set =. House Bill 227, calling for a reduc- | been arranged. _ mysterious disease that has {up a unicameral legislature in North tion in school district Jevies, was| The president’s intention to veto| affected thousands. A few drops | Dakota, consisting of from 30 to 50 pps passed house also| the bill if it is passed with the Mc-| of serum fell into the wound, | members, serving four year terms. peciphicecabr Bere eg Passed ® measure to re-establish the|Cerran prevailing wage amendment| infection resulted, and doctors | The bill now goes to the house. ‘state equalization fund for common | Was reiterated Wednesday by Chair- were unable to save her. Senator Bonzer, sponsor of the reso- aie schools and providing for @ new sys-| men Glass (Dem., Va.), of the senate | -——- = ~jlution, claimed it would promote manufacturing operations conducted by the defendant in its various plants or mills do not constitute interstate RUROPA HUNTS SEAS commerce. Holds Present Plan “By 8 clear preponderance of evi- dence this court finds that the plan of employe representation in effect among the employes of the defendant affords a lawful and effective organ- ization of the employes for collective bargain: g z 5 F ing through representatives of which tem of distribution of monies on a|Sppropriations committee. Explaining more effective legisiation and pointed their own choosing. .. .” sent back order teacher unit basis, why the bill has been held by his to Nebraska’s set-up as well as a num- In point of law, the Weirton com- because i was not needed, Edwin Traynor of Ramsey asked | committee since the setback suffered ber of provinces in Canada. pany won its case clearly on the con-/Fear British Freighter Found-} ,, The family had been on the re- |Financier's Secretary Back om/thet House Bill 255 be passed, al-|by Roosevelt forces on the floor, he Opposing the proposal for « sing tention that its relationship with its let rolls for some time. Early in though he expressed opposition to the | said: legislature, Senators J. E Eastgate employes does not constitute inter-| ered Carrying 26 of Crew February @ grocery order for 96 Stand to Explain Control | two other measures. Under the pro-| “It was my judgment that it would of Grand Forks, Harry Peterson of state commerce and therefore any in- Theit was sent Yo it as a part of the re- of ti visions of H. B. 255, he said, schools | be useless to proceed with « bill the Mountrail and A. Johnson of Rich- terpretation of the section which to ir Deaths Nef office routine. The order Corpora’ jon would receive approximately $500,000. | president was going to veto. I don’t ind contended the joint house would peyton Srmeyy car prenarh eben tnliat secmtmnanaune || Stumaaiaus Hiliniferperd Linen gaudane, t mavadhyacany tases c "uring the debete, ret make the section void because con-| London, Feb. 27. The fate of ore h, Feb. 27.—()—The gov- | operat two per cent » Tam any time Tells Countrymen e p, Teference was gress is empowered only to regulate iis eeeudeaiaticcomake aria mae der now so we are returning it. jernment, pointing again at piles of|tax which was passed Tuesday night | proceed with the bill.” nae id made to the “madhouse” situation in ‘business of an interstate nature. : ‘Thank you for your consideration | figure-filled records, asked once more | by the senate. Elsewhere in the capital, officials} Troops to Africa Will Not | the senate during the past few days, ‘Judge Nellds dismissed the govern- | *bled by # howling mid-Atlantic gale,! and service.” Wednesday—where does the trail of| He.asked defeat of H. B. 26, claim- | discussed the deadlork’s effect on their “jamming through” of legis- ment's bill of complaint for an in-| Was ® mystery Wednesday as the liner the Melion family's bank stock lead? |ing that the bill would not be of ma-|plans to have 3,500,000 destitute on] © Weaken Home Defenses lation. * junction to restrain the company |Europa and two other vessels hunted schools but | jobs by July Also recei ‘approval z i [ ee i 3 3 from alleged, interference in its work-|her in vain through mountainous — iving senate were, Rome, Feb. 27.—(?—Italy gloried | Senate Bill $22, providing for a one ers’ selection of collective bargaining | .o9. gasoline Wednesday in the assurance that|Ccent increase in the present H g i 3 ; E Robert H. Jackson, counsel for the| terial aid to the rural WELFORD internal revenue bureau, who con-| would be inequitable in 1 tends Andrew W. Mellon still main-| give to city schools a tained holdings ntative control over bank tion of money than those going into| in the near future, they said, the goal ‘ , additional revenue to be used for TOS alee sala: ‘The failure of any of the three ships while secretary of ed | the rural establishments, still could be attained. seven or eight million of her country | scnooig, “There is no showing on the part | which sped to the craft's SOS to re- Howard M. Johnson back for the sixth| ‘The house killed House Bill 226 by| ‘These officials, who preferred not | men can be rallied to the colors in| Senate Bill $29, providing for = tam of the plaintiff warranting the court | port they had reached the freighter’s day to answer further questions about |a vote of 55 to 50, with eight not vot-| to be quoted by name, explained that | event of the nation’s need. on sale of electricity and electric powe in issuing an injunction. side gave rise to apprehension that securities, ae One other school megsure—| 2,250,000 persons already are earning} Premier Mussolini's announcement | ef consumed within the state. i Johnson, confidential secretary to relief allowances by working on pub-|tnet there need be no concern the| Although under the rules original “gection 7-A, a8 applied to defend-| the Blairgowrie may have foundered, i 8 | a Appropriation of $3,450 for|the Pittsburgh multi-millionaire, was school action on senate bills could no longer ant and its business, is unconstitu- | carrying its crew of 26 to their deaths, asked to pore over more books and| other districte—was defeated by the| destitute, doing research and the like.|‘ispetch of troops to Africa would) be taken after 2 p. m., the clock was tional and void.” ‘The Europa, the American Banker State Geological Survey papers dealing with about $17,000,000 | house. —————_ weaken the country’s militery| stopped and at 3 p. m., the solons The government in its suit con-| and the 8, 8. Blommersdyk, a Nether- in bank stock, which it has been tes- Approve Pension Proposal Alabama Repeal Vote strength attracted enthusiastic atten- | continued to work on passage of pros tended the Weirton employe repre-| 1. 44 vessel, all rushed to the Among Those Signed tified a Mellon family corporation| Setting the mill rate levy at seven- ~ {tion in the press. posals introduced in the upper chame sentative plan, or so-called company a position owns. tenths of a mill, the house passed an! Lags by Small Margin| Meanwhile, the toeding of men and/ ber. union, did not’ constitute an adequate|eiven in the Blairgowrle’s distress) ive saditional measures passed by|_Defore the tax board of appeals, |smended old age pension rari ee materials for the colonial expedition- College Closing Abandoned which is hearing opposing claims of |#¢t now will Birming! ——| Hundreds terials | salary budget allowances the state legislature now in session) Mellon—that -he should receive tion. ‘The fate of prohibition in Alabama, ES Na0k: A War TAL poang oon were written into the lawbooks with| $139,000 refund for overpayment of| Passed also was a measure directing | °.° a5 a bone dry state, poured through the hatches of the 8.|10 per cent instead of five per cent the approval of Governor Walter|1931 income tax and of the internal|the board of administration to sell| soo Wednesda Moe lead ear rit|8. Arablo at Naples in preparation |as previously granted in committee, revenue bureau that he owes $3,089,000 /8t Public auction all automobiles and| 12" porary yon by Inte re| oF its sailing for Eritrea, before mid-|for teachers at all state educational for that year—Jol explained the | ®utomotive equipment held by the 4 iy Te-| night. institutions and indicated the attempt pearriy ‘ai atter| setup, ot” thes pare Becurities state beer commissioner. Posting -heliet boxes from Tuesday’s| gig other vessels, constituting Italy’s|to close or curtail activities of the the chief executive had signed the|corporation, which deals only in bank | A Proposal by Ben Pedje of wil.|‘Wme-toid referendum. peteae 50 Teast Atrios already .Are.en | schools, had been abandoned, sapamee " lame the] Repeal lagged by more we route, conveying contingents totaling rarily at east. rah ‘The Smithfield tion, he said,|state supreme court as an elective toes, Ke ’ ahost 16 Ned sern. Aeris see at corporat Votes still to be reported, as belated) The government statement empha-|poned a bill which would pig # sizing the strength of Italy's military | five-man conservation commission. 530 out of 2,156 bal-! establishment disclosed that two new| Another bill passed and sent to jhe house was one limiting hours of em- arrangement of collective bargaining. | message but found no trace of the ham, Ala. Feb. 21- ary force went energetically forward.| By agreement the senate boosted aon cove wus evenly | teh. garded as one fo ide Frais |e 'Son nl hada Bore ia | what later that she was on the Britsh- ‘The government instituted the pro- ceedings nearly Year ago and lost cama are ran issue & bt injune-| The 3,259-ton freighter was ten preliminary t under Norris- | days out of Swansea, Wales, when she seGutedia cct's, heating with wits|fell prey to the violent gales. which : i z 4 = a B 5 : i t : sé se % i re g Fy Fi ge : z i Hy H fs & 8 5 i s necessary. ve The trial began last’ October and | 1anes with crippled vessels for the last |0F villages may issue refunding spe-| by Mellon's children, Paul Mellon| vote of Pe cove Paso few days. cial improvement warrants to extend|and Mrs, Alise Bruce, and in which | House Concurrent Resolution A-14. |tion €2,879; and against 98,500. replace the two mobilized for African | ployes of cities of 7,500 population or ia a Weeks sed the em-| One by one various other ships|the maturities of outstanding war-|the financier himself owns the $20,-| The house, on reconsideration, Wed- ‘The result will have no direct] service as a result of the controversy |more to not more than eight hours ployes’ representation plan, or so-|@ameged by the storms were strug- rants when the fund lacks sufficient | 090,000 preferred stock. nesday, passed a uniform ect for ad-|bearing on the existing laws until! with @ day, six days week, or 48 hours a ‘While deprecating the likelihood of | Week, but does not apply to firemen Johnson testified that on January | ™inistration of trusts, the bill 5 .. The referendum was merely| any European disturbance, the state- | 80d police. ‘An emergency measure, the bill im-|1, 1933, Smithfield had assets of $15 ing county welfare boards z Sg called company union, did not ade- | Sling in quately serve the purposes of section winds c5ed. mediately becomes a law. 506,689 listed membership, another measure es-|8 guide for the in ment added: The senate Wednesday also passed aan tne recov tive besgeining| The 8. 8. Karma was standing by jqhite sProved by Governor wel. Long rarer aa aa tablishing a county motor vehiele de- liquor control measures, or in leeving| “To face any eventuality it isto be|& bill by a 46 to 0 vote which would by the employes through represen Hig Dee caine ume AICO | gagetans cto eee Sea cee that when Mallon became secretary|state highway commissioner, and po iy oe Fascist laws pe paongeenoeaaenni legal tate of coe in Noth Det talivas of Shale. oun: Shaaie. the ‘craft, helpless since its propeller the artesian water|of the treasury his bank holdings were |Killed one other bill to permit thel Valley City Tail gations to from 18 to 55 years, Italy| Kota, instead of eight per cent as at Xt was argued that the company tn-| Ta, “Rrenched away in fund for the blennium, beginning July|taken over by his brother, the late | Bank of North Dakota to act as re- ey Uity or can mobilize 37 classes with tolal ef-|Dresent. ‘The bill was passed after nance fend conducted e campaig | BAG a thal? es gt as : tons purchasing Corporations oot of Robbed in St. Paul millon tenn wT" OS OMB econ ee ee ee timida: ploy _- q a $200,000. - sirous of affiliation Amalga-| North German tira tury tt the| senate Bille 12s, ond 126° sattoe-| ASK Larger Funds for |* xiiea ‘Tuesday night was» meas-| pt, Paul. Feb. BD tation tora) EI Pe Fair Competition Bil Killed ated Association of Tron Steel and) TOSS, sPerrol, pain, and the Brit-lising removal from the tax rols ef| ND, Indian Schools] we, ®,setblsh » county motor ve-| Pot, ceed, STU le ne leart River Levees A bill which would have established ‘Tine ‘company employs normaliy| is 8. 8. Ottinge arrived at Brest,|inundated lands on which the owner i —i 8|nlcle department under supervision| Foon robbed of $180 by two men who At Mandan Assured |2,°°<¢,0t fair competition to cooper- about 14000 men in Weirton and|PFanCe. | sion or meitish rege | ren aT eee ae oN; |. Washington, Feb. 27. — UP) — In- ‘Algo tilled at the hight session was foreed him to ride with them sbout oor enforcing auch codes was tiled by 5 c » W. Va., and in Steuben- istry, was, besting its way back to| life cos Potinnwa Reng creased appropriations for 1936 over a Dill to give the Bank of North Da-|‘he city. | eee aa Se eee ee een tar the | £238 Yo. asso aeeesiiiaas Peg = oa Seed! banks and'similer instivutions | #00. of a town, after he knocked on alconsiruction of floed-control levees | senate Bi 235, amending the absent door and asked for icejat Mandan was made Inesda} voters’ ballot MAY APPEAL DECISION Greek Eatiler in the day» twin Dropots) we|he had deposited #50 in postal sav-|. A. Willson, state rellef aneree | Weare aety ae ee, ae ‘Washington, Feb. 31. mares re court receiver for the closed banks|ings in Minneapolis, reserving $150} The work, which will be directed|to their ballots before any county er iteparpenent officials said. Wi a ee was killed by the house. ‘The second |r current expenses. by E. R. Griffin, Mandan city engi-|state official, and would permit the the government “prneniy” would Ae Tear bill, BJ. Mefiraith of Divide told| Tuesday night, he said, he met two|neer and R. P. Wallis, FERA engi-|challenging of absent voters’ ballots John P. Nields - Del.,| deen early We the house, carried the support of both|men in s soft drinks parlor here. They jneer, will provide 15.260 hours of shor | #2 any election. i 3 Governor Walter lord =and of lor & 3 police; will protect the business Senate Bill exempting munici- that Section 7-A—the collective bar Gore, Bene Wasa ens lruphieg lms amd fircing kim tok ellen Macdea fm Heart titre. finel pattie of aa thee hae eames Baining clause of the recovery act-| State Appropriations |; j Bank of North Dakota. the automobile near where police|which have caused heavy damage|from publishing official proceedings ‘was unconstitutional, as applied to Pp 2 2 Relief Check 10 Cost Teachers’ Bill Pasees found him. land some loss of life in the past. of city councils in newspapers was the Weirton Steel company. Increased $1,500,000 to ‘The house passed a measure giving ‘The plan is to construct levees 801| passed. ‘The same attitude was expressed by eo to teachers who served in the World| Move for NRA Probe __| {ett 12 Jensth for the protection of Bans Beer Parler Dancing Francis Biddle, chairman of the Isbor! ncreases in appropriation bills Local M Fi Y f Freedo: war benefit of their wartime service, the southeast and southwest sections} The senate also passed by @ two- relations board, as soon as he lesrn-| passed by the senate and house 20 an rive rears 0! r IMD entitting them to, have their service Is Nearing Showdown |ot Mandan. thirds vote Senate Bill 196, Beal would ‘not be made unt the cial checkup reveled Tweeday night. | Margo, N. D. Feb. #1-—UP— | in beating up men who wanted to tach par of war service info, the| 4 Washington, Feb. 21—1#)—A show-| ERA Builds Cabins | There teer is sold outside of the m= decision was received and studied,! One of the largest increased items} Raising a government relief check | work. teachers’ retirement fund. tors for one big investigation of NRA For Mercer Scouts} ipalities. Justice officials said. was $200,000 needed for construction} $10 will cost Howard Peterson of “I don’t know why men like you, Establishment of county welfare] si roscned Wednesday. Senators — Sy, toe (0 cttete 0 materi mate, of @ new building for the insane at} Bismarck five years of freedom. young, strong, healthy and ap- | boards, under a reorganised pian, sl- (D-Nev.) and Nye (R-N.D.) ton, N. D, Feb. 27. ‘8 bill which would net vequired Mishap Hurts Fatal [the samestown hospital. General} _ Pleading guilty to » charge of with ‘more than average |lowing greater numbers on the board,| Mostrar (D-Nev.) and Ave (R-N.D)| Blanton, Ie sre going to have) soo! districts to print thelr anmusl boosts in allowances for nearly all! presenting @ fraudulent claim to | mentality feel that society and | also was passed by the house at the/ Dean™ °F To tab ‘tfoct |e lot o¢ fun in the future as the reeut|Teptt# OF notices ‘DeWspADSTS was To Roseglen Farmer state institutions the total] the government, Peterson drew government owes you a liv- | night session. resolution es of 0 In the Datars 8 to an estimated $5, 8 compar- penitentiary sentence from , Hs Rejection by the house of majority | Without aged a ae fo ee cree: Also killed was a wm Minot, N. D., Feb. 27.—()—Carl H. ied with $4,400,000 two years Andrew Miller in U. 8. dis- day you are at large, the floor leader W. J. Godwin’s second McCarran blocked] Among projects which would have non farmer, died to be| trict court here Wednesday, ac- ‘and of the| Tuesday attempts to obtain senate|tion are two cabins, one near here| residents a ‘The estimated deficit » disposed orderly attempt to obtain support of = oe and the will to hunt small game for in ® Minot hospital Monday where| met is from $7,000,000 upward sc-| companied with s scathing de- | who believe in organized govern- |house in his demand for an investi-|*pproval of funds ro. aerate |e Oe cee eee ee three days upon payment of $6 license Tie had been & patient stnce Deesenise leceding to several senate leaders.) nunciation. ,| Ment are in danger. ‘You rob, sation of the Pargo strike, brought| investigations “one ty ee Fy berger ee 10, the day Se, ental | Tes Sicndes PeMea eoremale Se Peterson had received an FERA steal, cause riots, ‘an embittered reproach from the | committee fe oer ee ee ane A ae wilt be 38 Another bill, Senate Bill 296, would accident near Ryder in which he suf-|ficit for the biennium after} order for $1.98 for “one pair of “T don't hope to do you any’ |leader. Eagle unit another Judiciary ier are seks possible sevation of weler ote fered serious injury to his neck. {all sources and expenses have been| trousers.” He raised the figure to good. I have no hope in your Leees By One Vote ‘sub-committee into charges that NRA|by 30 feet. Each be eight feet board districts, and permit ‘His neck was broken and the spinal|figured, $1,500,000 additional for) $11.98, erased the notation and in- | reformation but it is the duty of .| His resolution, originally voted | has fostered monopoly and that codes|high and will be constructed of logs} counties or smaller subdivisions to cord had been severely hurt. Ander-| schools and $1,000,000 for relief. serted “groceries, two weeks. the government to protect society. |down Saturday by a small majority,| have been abused. and native stone. Cost of the Hasen gon suffered paralysis as @ result of| The proposed sales tax passed by ‘I am informed that you took | The only way that can be done is |lost Tuesday one vote—for the| The idea of McCarran and Nye is|cabin is put at $1,030.60 and that here the accident, arid pneumonia develop-|the senate would luce during the} part in « relief workers strike in to put men like you in a place jsecond time win’s majority] that # special investigating commit-|at 9096.60. ed. biennium $4,000, proponents es-| Bismarck and that your crowd | where you cannot commit crimes.” |dwindled. The vote on the resolu-|tee of senators should be set up, with) Plans now are under way te con- ‘He lost control of the car and it|timate; the hail surplus refund, $1,-| went around beating up relief \ Harry Lashkowits, sasistant |tion was 56 to 68 with four not voting.| $15,000 at its disposa}, to scrutinise|struct @ cabin, outdoor overturned in a ditch. R. A. Jorgen-|000,000; hard liquor bill, $1,000,000; | workers who wanted to work,” the | district attorney, informed Judge Lobes 4, Sait o On, Damsorees|the, whole DRA tare Same bp betped. neh boas: Sone ee eon, who was with him, was uninjur-|cigaret tax tightening, $400,000; and; judge said. “You not only don't Miljer that Peterson had a long j|unexpectedly threw his support to/ bottom with a laying the basis} perade grounds for boy scouts at! doubled tax on beer $600,000, _ 4 Want to works yourself but assisted criminal record, (Continued on Page Two) for the new recovery act.’ Beulah.