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> MANY PERSONS ARE . Heart river, which Thursday [a | THE BISMARCK TRIBUNE ESTABLISHED 1873 BISMARCK, NORTH DAKOTA, FRIDAY, JULY 12, 1935 Fair tonight and ‘The Weather Sati 3 little change in temperature PRICE FIVE CENTS Heart DRIVEN FROM HOMES AS FLOOD SPREADS Dogtown and Syndicate Sec- tions Flooded; Inhabitants Rescued in Boats ROAD TRAFFIC THREATENED Refugees Are Given Emergency Care at City’s New Muni- cipal Auditorium Flood waters of the swollen overran two sections of South Mandan, Friday threatened for a time to halt all traffic be- tween Bismarck and Mandan. Backing up into the low- lands between the two cities, the river made a gigantic lake of the Mandan airport and the area surrounding it and con- tinued its rise over the road despite abatement of the flood waters in the Heart river. Friday, however, the water began to flowed the northern banks into Dog- town late Thursday night. They were yur! (MILITIES LEADER ADMITS $300,000 SPENT FOR LOBBY Tells House Committee Big Firms Assessed Each Me- ter to Raise Money “en| Trade Recovery Is Reported by Survey ties bill. By an assessment of one-half cent |ins made an auspicious start.’ Said. “the ‘committee of ‘esecutives| NORWEGIAN GROUP ELECTS had been sepnt. In addition, he related, the Edison |Solorlaget, Thursday elected the Rev. Eelectric Institute of New York con-| Alfred Bredeson .of Decorah, Iowa, tributed $150,000. RL. CERES Te Fargo Women Turn “| Cops, Nab Suspect York, July 12—()—A_recov- | 7 president, to succeed C. M. Berg of|chief accountant revealed Long Tightens Hold On Louisiana City New Orleans, July 12—(#)}—Sena- Fargo, N. D., July 12—(%)— |tor Huey P. Long apparently has Two Fargo Semen Senet bolt rounded out his Louisiana “dictator- Beh tee pease tastonee ab the [Ship” by gaining virtually complete Nosth Dakota state fairgrounds, control of New Orleans. resigned night, and State Senator Charles A. . Byrne, a Long supporter, was quick- “spotting” their man, jly sworn in to succeed him. they grabbed him and marched Mayor T. Semmes Walmsley curtly him to the station. He is in the |refused a request by party leaders city jail on vagrancy charge un- |that he resign, however, and said der the name of Beryle Wise, { would carry on the fight against Long transient. : alone if necessary. SHOWS LIQUOR PROFIT LARKIN RECOVERING Helena, Mont., July 12—(7)—The| Attendants of Ben C. Larkin, chair- a]man of the state railroad board, who Of this, he said, $75,000 each was|McIntosh, Minn., as its convention) profit of $466,104.35 for the first six|underwent a serious operation here paid to two law firms, Sullivan and|concluded at Concordia college. months of this year in the state-|last week, said Friday that his con- Cromwell, and Simpson, Thacher and| The executive committee is toloperated liquor system in bead ray was much improved although Bartlett, both of New York. select the 1936 convention city. ‘Net sales were $1, District Attorney Eugene Stanley,! Thursday he|being scheduled to speak at 8 o'clock River Rises, Floods Part of Manda Where Strato Hop Met Disaster and Leading Figures in Affair < Local Mass Sales Tax Advocate Put Fin- ishing Touches on Drive; Expect to Win Call for a mass meeting of Bis- marck citizens interested in passage of the sales tax, to be held at 3! o'clock tonight in the city auditorium! was issued Friday as the campaign on the issue neared its close. | Both sides were making last-min- ute efforts in what has been a quiet campaign which will end Saturday night, preceding the election Mon- day. Banks Will Close For Legal Holiday - Monday will be a legal holiday in North Dakota because of the special election on the states tax. All banks will be closed, it was Friday, together with state and other public offices but most business places will remain open, Speakers at tonight’s auditorium meeting will be Attorney General P. O. Sathre and R. B. Murphy, deputy superintendent of public instruction, Mayor Lenhart will preside. All Bismarck citizens are invited to attend and to “bring your friends,’ by the State Non-Political Campaign committee which has directed the fight for the sales tax. In addition to the local mass meet- ing, ® radio barrage will be turned loose, Senator J. P. Cain, over 8 KFYR-WDAY hookup. Gov- ernor Walter Welford will speak from 1:45 to 8 p. m., Sunday over the same system, while Adam Lefor, state bank examiner, will give an address in German from 9 to 9:15 p. m., Sunday. Advocates Are Confident Advocates of the sales tax express- ed increasing confidence Friday that (Continued on Pege Two) n COURT CHALLENGES CONSTITUTIONALITY OF PROCESSING TAX Three Federal Jurists Indicate Their Belief That Farm Act Is Invalid CONTINUE INJUNCTIONS Definite Decision Delayed Un- til Fall But Meanwhile U. S. Cannot Collect Pictured above are scenes in the Black Hills of South Dakota, where| Minneapolis, July 12—(7)—Final the proposed stratosphere hop of the| disposition of requests by 16 firms National Geographical Society met|for a permanent injunction to re- disaster early Friday, and some of|strain the federal government from the leading figures in the ill-fated attempt to set a new altitude record. At the top left is a view of the cliff-sided valley from which it was proposed to make the hop. Top cen- ter shows workmen cementing the top of the giant bag. Failure of this part of the balloon caused the trou- ble Friday. At the top right is Captain Albert E. Stevens, star army pilot, who was to have taken part in the flight. At the center, left is Capt. Orvil A. Anderson, another member of the flight crew, posed inside the gondola with instruments which were to have been used in scientific observations during the flight, while at the cen- ter right is Capt. Stevens inspecting others of the instruments in the collecting processing taxes Friday had been left to the September torm of federal court here. A simultaneous testing of the con- stitutionality of the act will be made in the hearing for the permanent in- junction, A three-judge federal district court, which Thursday denied a motion of U. 8. District Attorney George Sul- livan for dissolution of a temporary injunction restraining the federal government from collecting the tax, Questioned constitutionality of the processing tax law in handing down tating “i ecoasary “tt would seem unni to consider whether it would be within the constitutional power of congress to prohibit equitable relief gondola. Below is pictured the 85-foot para- chute upon which the fliers depend- ed to drop to safety in the event of trouble in the air, such as overtook them last year. APPALLING LOS OF URE 1S REPORTED IN CHINESE FLOOD Thousands Believed Dead as Rampaging Waters Inun- date Huge Territory Hankow, China, July 12.—()— Fragmentary dispatches from north- western Hupeh province disclosed Friday that appalling destruction was being inflicted there by the Han river flood, with indications that 2,000 persons have perished in inun- dation of the city of Laohokow. Another report said the town of Chaotien, 50 miles southeast of Ichang, was destroyed by the ram- paging Yangtze river when dikes there collapsed, and only a few fam- ilies survived, all others drowning. Another report said two uniden- tified towns on a river above Ichang were destroyed, the waters taking & heavy toll of life. Four hundred sol- diers were reported arnong the dead. Meeting Will Close Campaign Late News Bulletins (By the Associated Press) STORMS IN MISSOURI Columbia, Mo. — A storm caused $10,000 damage to Missouri’s capitol building here. Montgomery City re- ported a tornado did $15,000 worth of damage there. No one was injured. FORECAST MEAT STRIKE Sioux Falls—Meat packers at the John Morrell and Company plant here are expected to strike as @ result of the company’s fail- ure to abide by regional labor board decisions. PAGE THE COCONUT COW Washington — Use of butter de- creased 100,000,000 pounds and use of oleomargarine increased 172,000,000 pounds during the first six months of 1935, the department of agricul- ture reports. SEEK ELECTRIC CUT Minneapolis—The new Farmer- Labor controlled city council moved to obtain a cut in electric rates and to sell $500,000 in bonds as a starter toward financing a $2,250,000 public works program. APPROVES DAM PROJECT Washington, July 12—(%)—Secre- tary Ickes Thursday approved a $29,500 loan to the board of flood irrigation of McHenry county, N. D., for a PWA project. The irrigation project embraces a dam across the Mouse river. v against collection of a tax, while at the same time depriving the taxpayer of the right to bring suit for refund or otherwise test the legality of the collection,” the court indicated no doubt existed of the “ample justifica- tion for issuance of a temporary in- Junction.” Comments on Constitutionality Commenting further on the consti- tutionality, the court set forth the fol- lowing grounds as a basis for its contention: “The tax is an attempt on the part of the federal government to regu- late production within the states. “The act is an unlawful delegation of legislative authority to the execu- tive officers of the government.” Although the temporary injunction applied only to collection of taxes for the months of April to June, in- clusive, the judges, M. M. Joyce, Joseph W. Molyneaux and Gunnar H. Nordbye, gave petitioners the right to apply for an extension to cover payments due until legality of the tax is finally determined. SENATE NEARING VOTE ON AAA AMENDMENTS Washington, July 12.—(*)—After hearing critics denounce the AAA bill as a “Soviet measure” and its Processing tax provisions as “tryan- nical,” the senate Friday neared a final vote on the measure. Senator Smith (Dem.-8.C.), in charge of the bill, appealed for a vote by nightfall on grounds that all long speeches are finished. Amendments to the AAA bill ex- tending cotton and tobacco control acts for another year were adopted late Thursday with scarcely a dis- senting voice, but several senators attacked tax sections of the bill intended to guarantee con- stitutionality of the crops control program. Senator Schall (Rep.-Minn.) called the whole AAA plan “a Soviet meas- ure.” Democratic Leaders See Smooth Sailing Washington, July 21.—(?)—Looking back at the 278 to 100 vote by which the house approved Tennessee Valley authority amendments acceptable to the president, Democratic leaders Friday predicted that “the house will stay in line from now on.” Speaker Byrns was one of the fore- casters, saying he expected “compara- tively smooth sailing.” Pecora Mentioned as Phone Probe Leader investigation and has appropriated $750,000 to finance it. President Roo- sevelt is reported authoritatively to have asked Pecora to accept appoint- ment as counsel. N. D. Will Receive 20 Fargo, N. D., July 12.—(#)—Approx- Million Before Winter|; Disaster Halts Stratosphere Flight TOP OF BALLOON IS . BROKEN AND HELIUM ESCAPES INTO AIR Leaders of Expedition Have No Explanation; Cite Care- ful Preparation WILL MAKE = INVESTIGATION Workmen Leap to Safety ad Folds of Giant Bag Settle Slowly to Earth Rapid City, S. D., July 12.— (AP)—Disaster overtook the National Geographic society- U. S. army air corps strato- sphere balloon here early Fri- day morning as the giant bag collapsed from an unexplained cause exactly one hour before the scheduled takeoff at 4 a. m. (mountain standard time). No one was injured, but five men working on the Gondola preparatory to lashing the metal ball to the bal- loon were forced to jump to reach safety, Guards also were forced te scatter quickly to avoid injury. The top of the mammoth bag burst open without warning, permit- ting, 375,000 cubic feet of helium gas to escape and definitely halting the Projected flight. Captain Albert W. Stevens, flight commander, said he had “absolutely no explanation” for the mishap. He added that an investigation would be made but that nothing would be done until later in the day. Opened Like Paper Sack Spectators watching the prepara- tions for the flight said the balloon ground ropes suddenly slackened and the top of the bag opened like a pa- per sack exploding. As the helium Tushed out a blue haze appeared, The haze, officials of the national geographic society at Washington said they believed, was caused by tal- cum power inside the balloon. How- ever, they said, the powder, which had been used in folding the balloon to prevent friction, caused the accident. Pending investigation, the mass of fabric was left untouched in the mid- dle of the big illuminated ring where the balloon was being prepared for Night. The flight staff as well as specta- tors massed on the cliffs, appeared stunned by the shock. After the ini- tial confusion the crowd, estimated in the neighborhood of 30,000, slowly began to scatter. Flight officials said an attempt would be made to reconstruct the ac- cident as nearly as possible in an ef- fort to determine the cause. (Continued on Page Two) POOR RELIEF WORK INCREASES COUNTY TAX LEVY $100,000 Preliminary Budget Calls for Expenditure of $276,198 for Next Fiscal Year Burleigh county's tax levy this year will be approximately $100,000 more than in 1934, a survey of the prelim- inary budget drafted by the board of county commissioners showed Friday. The total amount required to levy, according to the preliminary budget, @ copy of which is published on an- other page, is $276,198 as compared with the $176,030 levy in 1934, Chief reasons for the $100,000 in- crease were found in the special levies and the large increase in out- standing registered warrants. Included in the special levies was ®& $30,000 item for road and bridge construction for which no levy was made last year. The special poor fund levy was increased from $16,000 in 1934 to $22,564 this year. The county has outstanding regis- tered warrants amounting to $103,- 424 this year as compared to $48,- 950 in 1934, This increase is due to funds expended during the past 12- month period for relief work for which no levy could be made last year. A public hearing will be held at 2:30 p. m., Wednesday, July 24, at the commissioners’ room at the Bur- leigh county courthouse at which time any taxpayer may appear in favor of or against the proposed ex- penditures for the coming fiscal year, General county government will cost $65,700 this year, according tc the budget. Last year $55,140 was appropriated for this purpose. Main increases are shown in the appro- priations for the county surveyor, elections and undistributed expense. Budget items in the general gov- ernment section include: county board, $2,200; county auditor, $9,350; county treasurer, $6,500; county sur- veyor, $1,150; assessor $2200; state’s coroner, $600; dis- trict court, $6,500; county court, $3,- 100; clerk of court, $3,070; justice courts $2,550; co’ mainte- nance, $8,500; elections, $10,000; examination fees, $210; advertising and printing, $3,000 ,and undistribut- ed expense, $2,500. $18,850 for Law Enforcement could not. have _ a