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LEGION FIGHTS FOR STRICT NEUTRALITY, ‘MURPHY ANNOUNCES Federation of Labor Refuses to) Seat Former Communist Candidate for Congress | Weather Report | WEATHER FORECAST For Bismarck and vicinity: Fair tonight and Thursday; colder to- night; rising tem- perature Thurs- lay. For North Da- kota: Fair tonight and Thursday; east and south tonight; rising temperature Thursday. For South Da-| kota: Fair tonight and Thursday; colder tonight; rising temperature Thursday after- noon. For Montana: Generally fair to- ES te and Thursday; warmer west, colder extreme east portion tonight; warmer Thursday. For Minnesota: Generally fair to-} night and Thursday; much colder tonight, not so cold in northwest ‘Thursday. WEATHER CONDITIONS A low pressure area is centered over the southwest, Santa Fe, 29.80, and extends northeastward to the |Lake Superior region, Minneapolis, 2 129.84, while a cold high pressure area act of aggression against us. overlies the northeastern Rocky Moun- Murphy reviewed the histories of|jtain slope, Havre, 30.50. Warmer the Legion and the A. F. of L., ppm ak avers i yhtaycana’ ee “ ” of |tegion, Mississ alley ai = | are considerably lower an: - ‘The federation put its off-expressed |tion has occurred 1a Montana aud i8|| opposition to Communism into prac-|the western Canadian Provinces. tice Wednesday, declining to seat as a | Snow was falling at 7 a. m., in parts delegate to the convention a former jof the Dakotas, Montana and Wyom- Communist candidate for congress ice iota is generally fair The credentials of E. M. Curry,| static s president of the Foundry Employes’ |9,4imarck station barometer, inches: International Union, were rejected |" Missouri river stage at Ta. m. 29 by the credentials committee and its|ft. 24 hour change, +0.1 ft. report was adopted without a dissent- Sunrise today 6:53 a, m. ing vote by the convention. Normal, this month to date ( AMPS ARE PLANNED face an tare, 28h to. cat Atlantic City, N. J., Oct. 9—(®)— Ray Murphy, national commander of the American Legion, told the nation- al convention of the American Fed- eration of Labor Wednesday that Le- gionnaries “will fight with all of our strength to prevent this country be- ing dragged into another foreign war.” “We pledge all of our strength to the enforcement of strict neutrality,” | he said. “With proper enforcement of neu- trality laws, the only serious danger of war involving the United States would be through invasion or a direct Total this month to date ...... For Bismarck Station: NORTH DAKOTA WEATHER STRIKING FARMERS REJECT TRUCE PLEA New Marketing Agency Creat- ed; Charge Sheriffs Indif- ferent to Violence Chicago, Oct. 9—(4)—An open and organized break between factions of the Pure Milk Association Wednes- lay threatened further violence in the Chicago milk shed producer's strike. After striking farmers met at Elgin and voted to split with the PMA and form a new marketing agency known as Union Producers, they also decided @ 30-day truce. They demand a flat rate of $2.50 a hundred pounds for milk. Don Geyer, head of the PMA, promptly warned Gov. Horner that his members would arm themselves and resist violence. He ‘also charged sheriffs in the affected area were indifferent to activities of the strik- ers. Organizers of the Union Producers claimed they had drawn 8,000 mem- bers of the 18,000 who belonged to the PMA. The PMA, which did not con- |cur in the strike, said only 1,000 mem- bers went over. Paul Potter, executive secretary of the Associated Milk Dealers, estimated 75 per cent of Chicago's normal milk supply reached the city Wednesday. CONTINUED Right of New Trial Refused Lindbergh Baby Kidnap-Killer cide.be committed in the res gestae of the felony.” Trenchard Defended The court also defended Justice Trenchard’s charge to the jury. Definite Word for Moving of|prsmaRck, clay. .... 34 St "a 5 evils Lake, snowing . 32 x Temporary Units Not Yet ie dpa oe HH nH ‘00 Saran ‘argo, cldy. 72 00) Received in State cldy. 79 109) ee are | y City 1 a North Dakota will receive no new | OTand Forks, cldy. -« ee Permanent CCC soil conservation] WEATHER AT OTHER POINTS camps this fall, Capt, Patrick Kelly, bow Highs paacaiteweaieae of construc) amarilio, Tex.. cldy. .. 54 80 00 oe Boise, Idaho, clear 74 (00 Original plans had called for con- Calgary, Alta. cleal 49 02 struction of winter camps at Grand!Chicago, Ill. clear 64 c0| Forks, Williston, Valley City, Minot) Colo.. clear . 76 00 re {Des Moines, Towa, cldy. 44 60 .00 ty Seal ieee Dodge City, Kans. cldy. 54 70 00 A.D. Mcliinnon, in charge of con-| Edmonton Alb, clear; 12 32 10 servation service camps, said, how-| Havre, Mont.. cldy. .... 28 62 14! ever, he had not received definite/ Helena, Moni., cl 10.24 word that summer camps must be 78 00) moved to other states yet. ss 64 = .00) There are seven soil conservation ’ 68) 08 : : ! 74.00 summer camps at Wishek, Mandan,|miies Gitv, Mont, snow 78 40/ ‘New England, Watford City, Park|Minneapolis, Minn. cldy.48 60 .00| River, Lakota and Valley City, and/Modena, Utah, clear .. 36 76 00) uniess winter quarters are establish-|Moorhead, Minn. cldy. 38 72 .00 ed, these will be moved probably to|No. Platte, Neb., cl * Minnesota, South Dakota and other | pp; 92 ‘90} states, Pr. albert, Sas! 42 ‘50 There are eight CCC park service! Qu’Appelle, S., p: 50 (OL camps, ali of which are permanent |Rapid City, 8. D.. 82.00! except the company at Bismarck. All| Roseburg, Ore., clear .. Tete year camps are located at Medora,/3ii, Pure Mig’ Gon 76 ‘00! ‘Mandan, Fargo, Larimore, the Inter-'Santa Fe, N, Mex., cl 70 00] national Peace gardens at Dunscith,!S. s. 58.00) and two near Watford City. lee - af 2 Five permanent biological survey eridan, Wy : | ©CC camps are located at Foxholm,|SPokane: Wash. clear - 42 70 00 Kenmare, Mohall, Kramer and one|Switt Current, S., cldy. 24 54 04 east of Carrington on the James riv- The Pas, ). clear .. 24 38 106) er. | Winnemucca, clear 36 78 .00| At present Minnesota has seven|Winnipeg, Man., pcldy. 30 64 North Dakota CCC companies within its borders, Five Youths Held for NEW RATES AT FORKS . Grand Forks, N. D, Oct, 2——| Series of Auto Thefts| New electric light rates for Grand Forks were announced Wednesday by}. * the Red River Power Co., effective at| five Fargo, N. D., Oct. 9.—(P)—Arrest of alleged youthful automobile ‘once and representing a Saving of ap-|thieves who are involved in a series proximately $40,000 annually for local of thefts from North Dakota to the consumers, according pany’s estimates. i com-| West coast was announced Tuesday by the U. S. marshal. | Under arrest and in the Cass coun- \ty jail pending grand jury action are |Edgar Chefalo, and Margaret Rahm of Elmont, Calif., said to be husband and wife, Joe Marino of Sacramento and Joe Gentile and Harold Sellen of Spokane, Gentile and Sellen are charged with theft of a car at Spokane which | was dri to Jamestown. and the other three are charged with theft of to the ithe impressions of its “It is always the right, and often the duty, of a trial judge to comment on the evidence, and give the jury weight and value, and such comment is not as- | Signable for error so long as the ultt- mate decision on disputed facts ts Plainly left to the jury,” the cour: said. The defense, in arguing its appeal, jhad stressed Justice Trenchard's charge, emphasizing the fact that he had stressed certain points in a man- ner construed by defense attorneys ;9S unfavorable to Hauptmann’s case. Charge Free of Error The court said the charge on the circumstantial evidence was “free |from error when read in its entirety.” It held also that Justice ‘Trenchard jWas Justified in refusing to tell the jury that the opinion of the hand- writing experts, based on mere com- parison “must be esteemed of low degree,” as the defense claimed. The comments of Justice Trenchard jon the expert evidence were entirely proper, the court said. The admission of the kidnap ladder as evidence was proper also, the opin- ion said. The defense had fought the | admission of the ladder from the first day it was brought into court. Verdict Justified “The verdict was not against the weight of evidence,” the opinion said |on point 18 of the appeal. Nor could it find any legal error in Colonel Lindbergh’s daily presence in the court, nor in the presence of other “prominent persons not con- nected with the case.” The frequent demonstrations ‘in the court, the laughter, whispers and chuckles of spectators had no effeci on the verdict the court ruled, |since Justice Trenchard properly re- buked those. responsible, the opinion said. MRS. HAUPTMANN STUNNED BY DIRE NEWS New York, Oct. 9.—()—Mrs, Anna Hauptmann, wife of Bruno Richard Hauptmann, was stunned Wednesday when she learned that the New Jersey court of errors and appeals had up- held the death sentence of her hus- |band. She was tinable to talk for a moment when the Associated Press |informed her of the decision. Then she said: “Well, all we can do is carry on. I don’t know what I will do now, but several cars between California and North Dakota, it being claimed they} abandoned stolen cars and took new! ones several times. Chefalo escaped | Sept. 6 from a California prison road | gang. WALKATHON UNDER FIRE East Grand Forks, Minn., Oct. 9— (P\—Carl and George Raabe, pro- FOR SALE Beautiful house, perfect condition, §| here Monday until next. Monday on a fine location. Cheap. Electric stove, || Charge of operating a continuous en- Linoleum, Mueller furnace included, | i Ht 9 | hours’ duration, The pair’s defense Telephone 326 |was that a new contest was started | each 24 hours. ‘ At The Mint (Mandan) Every Night Except Saturday Ernie Kuss and his Royal Badgers Play Saturday Nights at the MIDWAY CLUB (the Dome) Special Attractions Tony, our Chef, will prepare the best of food in just the way you like it. Fun and Frolic No. Cover Charge | appeal. || Lithuanians Fail to i]| The hopes of Lithuanians to Richard and I will continue to hope in God. “I hope and pray that the true facts will come out before they can do anything to my poor man, “I saw him Tuesday and he was so cheerful. We ‘didn’t talk about the We never talked about that, but I could always see from his atti- |tude that he expected the court would | moters of a walkathon here, were|find him innocent and send him back granted a continuance in police court to me and the baby.” Mrs. Hauptmann has been living in }a Bronx apartment with her son, durance contest of more than 24 /|Mannfried, now almost 2 years old. “I want to be alone with my baby. Tomorrow, perhaps, we can do some- thing.” Mrs, Hauptmann said private inves- tigators are still working on the Lindbergh kidnaping, for which her husband has been sentenced to death. “If God wills, they will solve this jmystery soon,” she said. LINDBERGH FLIES SOUTH FROM NEW YORK New York, Oct. 8—(4)—Col. Charles A. Lindbegh took off in his plane Wednesday from North Beach Air- port, Queens, having learned of the decision of the New Jersey court of errors and ap- peals upholding the death sentence of Bruno Richard Hauptmann. He left shortly after 10 a. m., cen- tral standard time, and headed south for an unannounced destination, Gain Assembly Seats Kaunas, Lithuania, Oct, 9—(p}— an additional seat in the Memel Finer hold 4 to the German’s 25, waned Wed- nesda} to reject Gov. Henry Horner's plea for; ELETYPE Associated Press 8t. Paul.—Orders from works prog- tess headquarters in Washington Wed- neaday delegated to Victor Christgau, ‘WPA administrator in Minnesots, the general charge over all federal work Telief in the state. i Louisville, Ky.—The government rested in the trial of Thomas H. Rob- inson, Sr. and his daughter-in-law, Mrs. Frances A. Robinson, with conspiracy in the $50,000 kid- naping of Mrs. Alice Speed Stoll, a year ago. Lincoln, Neb,—Rurel resettlement administration officials disclesed plans are being formulated for at least one major rural -resettlement project in Nebraska, North Dakota and South Dakota. * Washington.—Counsel for Thomas J. Mooney filed in the supreme court ‘Wednesday a brief urging an early hearing in ah attempt to obtain his release, stating his resources were rapidly being exhausted. Grand Forks, N. D.—Peter W. Keg- ler, 80, who settled jn the Johnston district in northern Grand Forks county in 1880, died Monday. London—Following a cabinet meet- ing, an authoritative source disclosed Wednesday that parliament will be summoned October 22—one week earlier than the regular date—should the international situation necessitate such action. Redwood Falls, Minn.—Minnesota’s new state police radio station— ENDH—is expected to launch its anti-crime war Thursday. Madrid—Jose Maria Gil Robles, minister of war, Wednesday asked 160,000,000 pesetas (about $21,760,000) for new armaments in the 1936 budget. Devils Lake, N. D.—Mrs. Julius Kuntz, 44, who came to North Dakota from Russia in 1906 and a resident of this community since that time, died at her farm home Wednesday. Devils Lake, N. D.—Owen Devaney, 50, post office employe here eight years died Wednesday. U8. ENTERS PROBE OF SAVILLE'S DEATH Sioux Falls, 8. D., Oct. 9—(P)—The federal government Wednesday en- tered the investigation into the death’ of Police Captain G. A. Saville who died Sunday in a fight which de- veloped after officers had arrested three men for being drunk. Federal agents obtained informa- tion from police concerning a bottle of alcohol seized from one man after his arrest. The U. 8. district attor- ney’s office will determine whether the federal government will prose- cute. Possession of liquor on which no taxes had been paid and possession of Mquor not in the original container were possible charges mentioned. Both counts carry maximum terms of five years and fines of $5,000, or both. Meanwhile Phil Johnson, Tom (“Hungry”) Lindsay, and George Gallup, who were involved in a fight with police that preceded Saville’s death were held in the county jail Pending findings of a coroner's jury. Funeral services were scheduled for Saville Wednesday afternoon. Poisoner Absolves Husband of Victim Mineola, N. Y., Oct. 9—(#)—Mrs. John Creighton was arraigned and heldfor the grand jury Wednesday on a murder charge in the poison death of Mrs. Everett R. Applegate after. District Attorney Martin W. Littleton, Jr., said she had made a second confession absolving the wom- an’s husband. Littleton said she had confessed she poisoned Mrs. Applegate gradual- ly, without help from anyone else, be- cause of a desire “to get even.” Applegate, whom she had implicat- ed in a previous statement, has been in jail on a charge of criminally at- tacking Mrs. Creighton’s 15-year-old daughter, Ruth. He will await grand Jury action in the assault case, which Police said was disclosed during the murder investigation. Mrs. Applegate, 36, died on Sept. 27 in a bungalow shared by the Apple- gates and the Creightons. . Allen Again Postpones Reed Murder Hearing An additional two-week postpone- ment of the preliminary hearing for William Reed, alleged slayer of his father-in-law, was granted by City Magistrate E. 8. Allen here Wednes- day morning. P. E. McCurdy, attorney for the de- fendant, asked for the change of the date in order to permit the sale of Property on the Reed farm, Reed was arrested following the fa- tal shcoting of Thomas Homer, Bur- apparently without te to Oct 23. / Milwaukee, Oct. 9.—(?)—Warning that the Kolmer of Philadelphia In- fantile paralysis vaccine may not be iaafe was issued to the’ American GET OVATION FROM BISMARCK AUDIENCE Concert by Harpist and Ensém- ble Opens Thursday Musi- cal Club Offerings Agratifyingly large audience assem- bled at the Bismarck City Auditorium Tuesday evening to hear the Thurs- day Musical club's first public offer- ing of the current season, a concert enthusiasm with applause which called forth encores which would tax the patience of less gracious perform- ers. The charming tone portraits of “Variations Pastorales” of M. Samuel Rousseau, harp solo with quartet ac- companiment, which opened the pro- gram, gave the music lovers but a hint of the pleasures which were to come, and immediately established the musicians with their listeners, ‘W. A. Mozart's Quartet in D-Major, No. 28, with its flowing melody etched by the flute and the violin, viola and violoncello providing background with their muted tones was offered next. Plays Own Works Mr. Salvi bracketed “Etude in A- Fiat,” first solo group. In the second beau- tifully descriptive work there were passages so soft that they seemed to was apparent the amazing virtuosity with which Salvi is universally credit- ed. He was brought back for encore upon encore, Closing the first grouping was the delectable “Variations Libres Et Fi- nale, Opus 51” from Gabriel Pierne, for quintet. After the intermission, Mr. Salvi offered “Toccata” by P. Alvars, “Sici- liana,” piece for flute from the eighteenth century arranged by C. Respighi, and the rhythmic “Danse Espagnole,” De Falla-Salvi. The four movements of Vincent D'Indy’s “Suite En Parties, 91,” for the five instruments closed the formal concert program but the en- semble generously responded with two encores, Musicians Self-Effacing Playing in the quartet ensemble in which the musicians are equally pro- ficient and intent upon preserving the balance between instruments so imperative in music of the chamber type are Ernest Guntermann, flute; Erich Sorantin, violin; Harold New- ton, viola, and Alfredo Mazzari, vio- loncello. i It is hoped the artistic and finan- cial success met in this concert will encourage the sponsoring organiza- tion to bring more attractions during the current season, thereby filling the place of the Artist Series’ concerts which were so thoroughly enjoyed during the last few years. Many hearing Tuesday's concert who had previously heard the Paris Instrumental quintette play here were equally impressed with the ensemble. Added to the most recent concert was the sapero artistry of Salvi himself. Lemke Calls Wallace ‘Vandal in S. D. Talk Yankton, &. D., Oct. 9.—()—Con- gressman William Lemke, North Da- kota Republican, Tuesday called the AAA a “national lunacy” and Secre- tary of Agriculture Wa! “the greatest vandal in “a Lemke, addressing the South Da- kota Farmers Union convention, said the limitation of production and de- struction of farm products while the country imports similar products is “simple idiocy.” Inflation or repudiation, Lemke said, are the only ways out from be- neath a burden of a “three hundred billion dollar national and private debt.” Paul Dean Quits Tour With Brother ‘Dizzy’ St. Louis, Oct. 9—(#)—The barn- storming baseball firm of Dean and Dean dissolved Wednesday when Lil brother Paul decided the pitching sea- ‘son was over. Paul and his elder brother, Dizzy, twin stars of the St. Louis Cardinals’ mound staff, were rained out of an exhibition game Tuesday night and Wednesday Paul said the trip was over, so far as he was concerned. Dizzy departed for Dayton, O. Tire etal sae of your Public Health association Tuesday.j” Landtag (assembly) where they now |The Console, ble Stores. Dolores Divorces John Barrymore Los Angeles, Oct. 9—(?)—Do- lores Costello and John Barry- more, whose screen romances led to marriage seven years ago, were divorced Wednesday, the blue-eyed former film star charg- desertion. SHOW SHELTERBELT HAS BEEN SUCCESS 300 Miles of Trees Will Be Planted in North Dakota Next Spring Washington, Oct. 9. —()—Success in the first season’s planting of trees along President Roosevelt's favored scheme of a shelterbelt from North Dakota to Texas was reported Wed- nesday by Paul Roberts, shelterbelt director. Only now, Roberts said, are govern- ment foresters ready to say the sur- vival of trees planted last spring would compare favorably with forest planting anywhere. The first season’s plantings were only 125 miles on the long cross country stretch, Roberts said. How- ever, ten times as many trees are to be planted next spring, and the pro- gram speeded up in successive years. Next month, federal foresters will experiment with fall plantings along the great plains shelterbelt. Of the 6,347,000 seedlings set out last spring, Roberts said an August. check showed a 70 per cent survival and in some species above 90 per cent. Estimates for number of miles to be planted in each state next spring compared with the spring just past include: 1935 1936 North Dakota 300-35 South Dakota 300-26 Plantings last spring were made with the first $1,000,000 appropria- tion. Roberts said another $5,000,000 could be expended in the 1936-37 fis- cal year if made available. Smallpox Vaccination Technique Is Changing Milwaukee, Oct. 9.—()—Four thou- sand lucky mortals who escaped scars by a new kind of smallpox vaccine were cited at the American Public Health association Wednesday as rea- sons for heglth officials to reconsider the entire smallpox vaccination tech- nique for the general public. The objective is not to please the half of the population which tries to hide its scars, but to introduce whole- sale tests of a new and cleaner type of vaccine, This new vaccine has been devel* oped in the last three years at the Rockefeller Institute, New York. Its latest phase was reported here today by Thomas M. Rivers, M. D., of the institute, It is made by giving. smallpox to a laboratory test tube instead of to u Science now knows that nervous exhaustion, Come very frequently from jodine starved When icularly he he 7 BLE } IN OLDEN TIMES THE HEART WAS CONSIDERED THE SEAT OF THE MIND. HIS CHERISHED MAIDEN TO HAVE A SWEET MIND Officers to Be Elected, Plans _ Made for Year in Missouri is Valley Area = Dates of six annual district meet- ings in the Missouri Valley Area Boy ‘Scout council, opening with the Bis- marck meeting tonight, were an- nounced here Wednesday by Paul O. Netland, area scout executive. ‘The meeting of the Bismarck dis- trict officers, scoutmasters and scout leaders opens at 17:30 p. m., at the: ‘Boy .Scout headquarters in the city auditorium, Reports of all standing committees will be made, officers will be elected for thc coming year, and the 1935-36 program will be dismiss- ed. Worth Lumry, district chairman, wiil preside. Other officers who have held executive positions in this dis- trict during the last year are: J. N. Roherty and Dr. H. A. Brandes, vice- chairmen and W. F. McGraw, com- ‘missioner. The annual regional meeting will be held at Aberdeen, Oct. 30 and 31, Netland said. Dates and places for the other dis- trict meetings follow: Brush Lake district, McClusky, Thursday; Christ- janson district, Glen Ullin, Oct, 15; Cannonball district, Bentley, Oct. 16; Grand River district, Lemmon, 8. D., Oct. 17; West River district, Het- tinger, Oct. 18. . 6 DIE IN PLANE CRASH Helsingfors, Finland, Oct. 9.—(P)— The pilot, mechanic and four passen- gers were killed Wednesday when the Finnish Junker plane Ohall, flying be- tween this city and Reval, crashed into the Finnish gulf near Reval. day night. PIONEER FARMER DIES Moorhead, Minn., Oct. 9.—()—Jas cob Hurner, 85, Saar th near Glyndon half a century, a hospital Tuesday from complications incident to his advanced age. WAKE UP YOUR LIVER BILE— Without Calomel—And You'll Jump Out of Bed in the Morning Rarin’ te Go tuqutd ble Inte your bowels dally. tf thie b it ito iF re lntot fowing fcely, your food deean't digest. Te just decays in the bowels. Gas bloats up your stomach, tipated.. Your Whole system is poltoned and you fee! sour, sunk and the world looks punk. bowel movement doese't get nt the cause: Tt ae TIT Kes those good, old Carters Little Lives less, gentle, yet amazing f freely. Ask for Carter's Lit name. Stubbornly All Phones 34- Drink eye gentle press Tomato Juice with bouillon cubes makes delicious tomato bduillon 12, 1935. . Let us show you through our perfectly appointed Funeral Home. We kno you will be impressed with its beauty and charming simplicity. JW CALMANW HISMARCK. W CONOM GROCERY Grocery Specials Oct. 9th to 15th, Inc. Carrots, Beets, Squash, Grapes, Cranberries, Celery, To- matoes, Cauliflower, Egg Plant, Cucumbers, Lettuce, Celery Cabbage. Patterson Seal Pure Preserves, Strawberry, or Raspberry, 16-oz. jars, 2 for............00. NOTICE The City of Bismarck will discon- tinue hauling Garbage on October The Board of City Commissioners Deliver Large Ivory Soap, 3 bars .... Ambassador Tissue, per_roll ........... 5c Tomatoes, No. tins, 3 for .. 3 25¢ Southern King Green Cut Beans, No. 2 tins, Hilex, quart bottle ... Queen Olives, dunt dor... -;. ae Minneopa Catsup, Ld-on, bottles, 2 tor 2 OC Haniel Chocolate, 1 10c r free, 15 ¥,-lb. cake . Dates, fresh ship- 21 c .23C ment, 11% Ib. pkg. 45c Pineapple Jems, No. 24; tin ...