The Bismarck Tribune Newspaper, February 28, 1935, Page 1

— ieee 4 (¥==] THE BISMARCK TRIBUNE The Weather Somewhat unsettled tonight and Pri- day; not much change in temperature ESTABLISHED 1878 BISMARCK, NORTH DAKOTA, THURSDAY, FEBRUARY 28, 1935 PRICE FIVE CENTS ‘297 Assembly Actions Survive , New Deal to Appeal Decision Voidin mi RULING, ALLOWED T0|Hitler Forced to Ease [RELIEF COMPROMISE Anti-Semitism Policy [ Win Sereen Awards | Economic Pressure May Cause ” STAND, WOULD CRUSH ENTIRE STRUCTURE Delaware Judge Holds Congress Without Power to Regu- late Manufacturing INTERSTATE THEORY HIT Kentucky Jurist Reinforces At- tack With Adverse Decision on Coal Mining Code Washington, Feb. 28—()—The New Deal marshalled its legal forces Thursday to ward off a blow which— if it should gain the added strength of supreme court al — would topple much of NRA’s vast structure into the dust. The blow was the opinion, enunciated hy Federal Judge John P, Nields of Delaware Wednesday, that the con- stitution did not confer upon congress the power to regulate manufacture. It was reinforced by the ruling of Federal Judge Charles I. Dawson at Louisville, Ky., who declared that coal mining. is an intra-state business; that intra-state business is beyond the regulatory power of congress; and that therefore the national industrial recovery act as applied to coal is un-| constitutional. Much of the New Deal is based on the idea that if a business affects commerce between the states, con- gress can regulate it. But that view met an obstacle in Judge Nields’ flat statement that manufacture is not subject to such regulation. Cites High Court Stand In the course of an opinion in which he held section 7-A of NIRA uncon- stitutional as applied to the Weirton Steel Company, he said supreme court rulings demonstrated that “the constitution did not give to congress the power to reguléte manufacture.” ‘To regard Weirton’s manufacturing operations as intruments for the in- terstate movement of goods, he said, would put practically all American manufacturing under the control of the federal government, a result which “has received the unqualified * condemnation of the supreme court.” The government plans an immedi- ate appeal from Judge Dawson's de- cision. It did not announce its plans on Judge Nields’ ruling but Biack- well Smith, counsel for the recovery administration, left no doubt in ob- servers’ minds that it would combat ple idea expressed by the Delaware Judge. of lawyers were studying the ision. Smith contended Judge Nields’ opinion was based on an “out-moded theory” of constitutional law. “It seems to me that there is no cause for concern on this count in view of the realistic appreciation of modern industry and commerce shown by the supreme court in recent decisions, particuarly the Appalachian coals case,” Smith said. | : CLARK GABLE For their performances in “It Happened One Night,” Claudette Colbert and Clark Gable (above) won awards annually presented by the Academy of Motion Pic- ture Arts and Sciences. COLBERT AND GABLE WIN SCREEN PRIZES) ister wats x ome Nazis to Abandon Perse- cutions of Jews INJURY OF BOYCOTTS FELT Compelled to Avoid Further Business Hazards in Pro- gram to Develop Trade (Copyright, 1935, by the Associated Press) Berlin, Feb. 2&—intense economic pressure, it became apparent Thurs- day, has forced Reichsfuehrer Hit- ler to abandon for the present at least the public manifestations of his cher- ished anti-Semitism policy. ‘This tendency was indicated defin- itely in the remarks of speakers at a meeting of political leaders and Nazi party members in which the Reich’s economic problems were the subject of discussion. While berating Jews as “vampires and exploiters,” an official speaker concluded his address by saying: “It may be asked of you why -he ther its, exchange dif- ficulties and other troubles are there- by threatened. SHADOW SALES 0 FAMILY CHARGED IN MELLON’ TAX SUT Government Alleges ‘Tax Dodg- ing’ in Transfer of Funds to Daughter Pittaburgh, Feb. 28.—(?)—Another ment charges Andrew W. Mellon used | ‘at his convenience in “tax dodging” Judge Nields’ decision was praised | Pair Co-Starred in ‘It Happened | schemes, was the subject for more by a spokesman for the National As- sociation of Manufacturers and de- nounced by William Green, president of the American of Labor. “This decision will promote rational employment relations,” said James A. Emery, general counsel for the Manu- facturers’ association. “Labor cannot accept the decision,” said Green. AL, SMITH ASSAILS ICKES FOR POLITICS ~ Somes to Defense of Friend Whose Resignation Is Ask- ed by Administrator New York, Feb. 28—()—The recent, One Night’ Named for Best Acting in 1934 eee wr nigel dai Hollywood, Cal, Feb. 28—()—|1931 Claudette Colbert and Clark Gable;counsel again E fy mids a E i The “It be ® cleverly-fashioned but 5 g a i Z z hit "els lit | 28.—(?)—Food Prices, Secretary Wallace says, ably will climb 11 per cent during first half of 1935 even if there is cross-examination With records already produced show the financier sold securities the personal holding concern of his ughter and claimed @ loss in his income tax report, | ial gig tax to to & Je his seventh on the stand in Mellon's income hearing. u F 7 i - E | i fF EP | KE E F E i i i i H . f aE Hf } | Hi EF BE fi | ' ! i i i | | i mF 3 lolmes, Former Ji Of Supreme Cow # i i i z il Fr i 5 H : ull | Ly Bs 25 i & : | | E & E Hee re A ae u E i E i i SEEN AS ROOSEVELT RETURNS T0 CAPITOL Loop Hole in Prevailing Wage Amendment Proposed to End Deadlock CONFERENCES BEING HELD Report Opposition to Adminis- tration Plan Losing Some of Adherents McCarran proposal, providing that if the president found the payment of the wage in any locality covery of private industry or other- detrimental thereto” he could array filled the corridors of congress. would force the administration to pay prevailing wages instead of $50-a- (Continued on Page Two) FIST FIGHTER HELD FOR MANSLAUGHTER = Arthur Scott, Burlington, Faces Charge Following Death of George Tiller iG Ess ii fe i E E ft 5g I sé. it g Z i 8 : i E i i | F f i E , i ‘ ; i : ! hibition Re; z : Cy H g al i = i 2 8 = z | Fy E 8 t : { ..| appealing for rapid administrat ‘Thies striking picture, taken Kansas, shows Wichita. This Missouri. PUBLIC WORK PLANS OF STATE 10 TOTAL OVER 9 MILLIONS e/Last of District Meetings With Planning Board Held at Devils Lake Devils Lake, N. D., Feb. 28.—(P)— Concluding its district hearings, the Public works committee of the state Planning board Thursday is consoli- dating its county reports into a state program which is to be immediately recommended to Washington. Officials from Benson, Eddy, Nel- son, Pierce, Wells, Towner, Rolette and Ramsey counties, meetings here Wednesday, and offering inventories of work relief projects totaling $6,101,- 686, wired Senators Nye and Frazier passage of the tion’s relief act, in order that the unemployed in North Dakota might be quickly assigned to sub- sistence jobs. ‘This district meeting, the ninth g NRA In the semi-darkness ereated the ominous funnel-shaped cloud—from a sinenes of two miles—as it f five-mile path. “Nearty, 440 Leet at \jured by Treakish ‘twisters in Arkansas, Kansas, Persons were In, in Puassoclated Prese Photo) business houses and other buildings as it swe; TORNADO SWEEPS DESTRUCTION OVER WIDE SWATH ‘a storm which swept a large section of ed north of |Rally Raises Hauptmann Floods in Honolulu Claim More Lives Honolulu, Feb. 28.— () —Floods sweeping Oahu Island claimed a fifth life Thursday when an explosion killed a Japanese woman and injured six other persons. Flood waters caused the explosion of a gas main, fatally injuring Mrs. Nobu Yoshikawa, 45, critically injur- ing three others and less seriously hurting three more. Previously, four persons were drown- ed and four others reported missing when rivers were sent on a rampage by a sudden cloudburst which climaxed more than three days of rain. MOODIE TRAVELS 10 CAPITOL, CONSIDERS FEDERAL POSITION Disqualified Governor at Virgin- ia, Minn., Answers Summons of Administration Virginia, Minn. Feb. 28.—(?)— Thomas H. Moodie, Democratic gov- ernor of North Dakota for a month this winter, announced Thursday that he had received a summons to hurry to Washington for considera- tion of a federal appointment. Moodie said he would leave late Thursday in answer to the summons by administration officials. Several which | appointments are available, he indi- cated, refusing to disclose the nature of any of them until after conferring with Washington leaders. The North Dakota newspaper pub- Usher was resting here after his vig- orous campaign and struggle with po- litical opponents who finally obtained ®@ supreme court decision removing him from the office of governor a month after his election. Friends here intimated that Moodie Moodie and his wife were oad rt Feb. 28.—(P)—A ‘federal housing said Thursday that former Gov. Thomas Moodie, of North Dakota, had been invited to Wash- ington to discuss the housing adminis- tration in his state. Asked whether Moodie was in line administrator Washington, lor the ! $2,000 for Appeal Fund | (Crowd of 5,000 Contributes, Cheers Mrs. Hauptmann and Speech by Reilly New York, Feb. 28—(7)—Bruno Hauptmann’s defense fund was richer Thursday by more than $2,000, the contribution of thousands of wildly enthusiastic Germans who stormed a rally in his behalf. Their donation will be added to the $15,000 previously raised to appeal the carpenter's conviction on a charge of killing the Lindbergh baby. The little country courtroom where Hauptmann stood trial was no more jammed to the point of suffocation than was the Yorkville Casino Wed- nesday night. Police estimated the crowd as high as 5,000, with 3,000 more milling outside. Officers had to protect Mrs. Anna |Hauptmann, wife of the condemned man, from women who pressed around her as she made her way to the plat- jform. Reinforcements had their hands full cleaning a path so that she and Edward J. Reilly, defense attor- ney, could leave after the rally. “My husband as well as I have sym- pathy for those who suffer,” Mrs. Hauptmann said. “We are sorry a crime like this has been committed because we ourselves have a child which we love. “We beg God that the kidnaper of the Lindbergh baby will be found.” “A great injustice has been done,” said Reilly. “The man who is guilty should be hung, drawn and quartered. But that man is not Bruno Richard Haupt- mann.” Each person admitted was charged 25 cents and a box two feet square was piled almost a foot deep with contributions, some of them $20 bills. In telling of the appeal plans, Reilly said, “I challenge anyone to show that Bruno Hauptmann was even in New Jersey that night.” He was loudly cheered and ap- plauded, while each reference to Colonel Lindbergh and to New Jer- sey’s attorney general, David T. Wil- entz, who prosecuted the carpenter, ‘was greeted with boos and jeers. Federal Indictments At St. Paul Name 56 St. Paul, Feb. 28.—()—Forty-six indictments naming 56 defendants, and 10 other secret indictments were bezsle federal relief supplies including, butter, cheese and lard from author- ities, Hettinger Leaders Of Farm Union Here FEVERISH ACTIVITY MARKS LAST HOURS BEFORE DEADLINE Approval of Unicameral Legis- lature Is Final Move Tak- en by Senate SESSION BILLS TOTAL 694 Major Portion of Legislation Initiated in Upper House, Analysis Shows BI House majority forces rallied around their floor leader Thursday to force through the lower assembly in a third attempt, a resolution call- ing for an investigation of the Fargo coal drivers strike, The resolution, sponsored by ma- jority floor leader W. J. Godwin of Morton, was passed by the house by a vote of 61 to 37 with 15 not or absent. Two other attempts to ob- tain passage of the measure were de- feated by the house. Appointment of a committee of five house members to investigate the ar- rest of individuals during the strike, and to report back to the een sion, was called for in the resolu- tion. North Dakote’s legislature rested late Wednesday from a hectic two days of bill-passing as it drew its second breath preparatory to dispos- The closing clocks in the capit bills, passing in the proposal Ld second time defeated attempts to pass a liquor bill to legalize sale in pri- vately-owned stores under municipal) licensing, but taxed by the state. ‘The house also sent to the senate two of the four educational measures, sponsored by school men of the state, With their work completed, house members rested for an hour and a Ponement, or death on the floor the assemblies. Traynor, Hopten Bills Conflied In both chambers, legislators faced with similar bills, both ing distribution of $1,000,000 state hail insurance surplt the rural schools of the The house sent to the sembly the Traynor-Odegard. Proposing reduction of approximately $1,000,000 ter amount to be distributed schools on the basis of payment the 1927 flat hail tax paid by le owners. From the senate came a bill posing $1,000,000 be taken from same fund and distributed to schools through reduction of real tate property taxes. Sponsors of the latter bill maintain it would be a transfer of funds from the indemnity tax, and hence would be legal. The (Continued on Page Two) (SOUTHWEST OUTLAW BELIEVED TRAPPED Raymond Hamilton Reported Surrounded in Hideout; Of- ficers Rush to Aid Capture at g 4 4 giepiee ve eee