The Bismarck Tribune Newspaper, December 9, 1935, Page 1

ESTABLISHED 1873 Roosevelt: Poniards C P. E. Byrne, Bisma DEATH COMES AFTER |MCussolini Ignores Peace 1868-1935 ] LINGERING ILLNESS AND LONG SUFFERING» Immigrant Orphan Boy-Earned Prominence in Business and Political Fields . WIDELY KNOWN AS AUTHOR Funeral Services Arranged for Tuesday at 9 A. M. in Cathedral Here Patrick Edward Byrne, prominent in Bismarck’s business and political life for 54 years, staunch Democrat and champion of the Indians, died in his home, 120 Avenue A West, Sun- a.m. He was 67 years old. of this year Mr. Byrne had been confined to his bed suffer- ing from the effects of a it tumor, an unceasingly painful ordeal he bore with smiling courage and un- complaining fortitude. For several days past he had been in a coma. Only his remarkable vi- tality had kept the faint spark of life glowing. He passed quietly away with the immediate members of his family at his bedside. Requiem high mass will be sung in St. Mary’s procsthedral Tuesday at 9 a m. with Rev. Father Robert A. Fee- han officiating Burial will be in St. Mary’s cemetery. Pallbearers, all gid friends of Mr. Byrne, will be A. E. Brink, Burt Finney, Dr. W. H. Bodenstab, James W. Guthrie, Milan Ward and Dr. W. E. Cole. The body. will lie today in the Webd Puneral chapel. In the business and political life of North Dakota, Mr, Byrne early gained 8 wide acquaintance. As a student of the plains Indian, he earned a na- tional reputation as an authority on the Sioux and.was recognized as one of their outstanding champions. : Born in Ireland Mr. Byrne wag born Feb. 9, 1868 in Arraghty, county Roscommon, Ireland, his mother, Ann Quinn Byrne, dying in the travail. His father was Pat- tick Byrne who fell a victim of pneu- monia when Mr, Byrne was 6 years old. Raised by an aunt, Mr, Byrne was educated in a private boarding school in Dublin from which he was gradu- ated when 13 years old. A sister, Mrs. Patrick Smith, had lmmigrated to and settled with her husband in Bismarck in the late 70's. On her invitation to find a new life in America’s pioneer west, Mr. Byrne left Dublin in May, 1881 and arrived \n Bismarck in June. Death again disrupted Mr. Byrne's home when ‘his sister died here on Christmas eve of 1881. She is buried ‘n St. Mary’s cemetery. Soon there- after Mr. Byrne left Bismarck to live, with an uncle, Monsignor James Coyne at Laneshoro, Minn., where he resided until November when he re- turned to Bismarck to enter the high school here.' Worked For Territory . Following his graduation in June of 1885 Mr. Byrne went to work as a clerk in the office of the secretary of state of Dakota Territory. _ A remarkable penman, Byrne's serv- ices soon were in wide demand in the various offices of the territorial capl- tol when outstanding bits of chiro- graphy were required by the territor- jal officers, typewriters being few and unreliable. In 1898 he left Bismarck to accept @ position in a bank at Grand Forks where he remained two years until local friends persuaded him to take a responsible post in the old Bismarck bank. There he remained 10 years. From Jan. 1, 1907 until Jan. 1,,1913, Mr, Byrne was private secretary to Gov. John Burke, now a justice of the state supreme court. Mr, Byrne had been identi- fied with the Democratic party since he first arrived in this country, a staunch loyalty ‘he maintained until his death. At his death he was chair- man of the Burleigh county Demo- cratic committee. Had Abstracting Business Hand in hand with his official state duties, Mr. Byrne directed | THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, MONDAY, DECEMBER 9, 1935 Overtures Tells Italian Senate Nation's! Interest Will Be Defended at Home and Abroad (By the Associated Press) Premier Mussolini told the Italian; senate Monday that “Italian inter- ests, both African and Europea, will be defended strenuously.” His 59-word address, heard also by| the cabinet and representatives of; the royal house, came after France| and Great Britain were said to have formed a “united front” in demand- ing that Il Duce show his hand fn his war with Ethiopia, ‘The Fascist chief made no mention | of a peace plan reported to have been | reached between France and Britain,| which, an authoritative London source said, would be considered by the -Brit- oe cabinet at an extraordinary ses- on, PATRICK EDWARD BYRNE JOHN FORISTER, 65, DROPS DEAD WHILE WALKING TO WORK Democratic Party Worker and City Resident Succumbs to Heart Attack John N. Forister, 65, prominently affiliated with the Democratic party in, forthe "last year and a half an employe in the state FERA Offices here, dropped dead while on nd way to work about 8:15 a. m. Mon- lay. : The cause of death was a heart at- tack. Mr. Forister ate a hearty break: fast and started for work. He was stricken while walking between Third and Fourth Streets on Rosser Ave., Nearby- persons saw him fall and called for a doctor, but he was dead before a physician arrived. Mr. Forister has been ailing for two years. His home is at 413 Second St. Came Here in 1893 Born Dec. 23, 1870. at Owensboro, Kan., Mr. Forister came to Bismarck in 1893 after attending the North Da- kota Agricultural college at Fargo. He taught school for several years and later was employed at Logan’s grocery store. He served as bookkeeper for the Quain and Ramstad clinic for some years and afterwards was associated with Quanrud, Brink and Reibold. Mr, Forister married Miss Elizabeth Schnecker here on Feb. 26, if Be- sides his widow he leaves a daugh- ter, Mrs, Bessie C. Robertson of Over- land, Mo:, and a stepson, Carl Martin of Bismarck. Was FERA Auditor He was a member of the Presbyter- ian church and the Knights of Pyth- jas lodge. At the time of his death he was a relief order auditor in the FERA offices. Funeral services will be at 2 p. m., ‘Wednesday in the Presbyterian churcn with Rev. F. E. Logee, pastor, of- ficiating. Burial will be made in Fairview cemetery. The body will lie at the Webb Puneral chapel Tuesday. THREE DROWNED AS FLOOD HITS HOUSTON Eight Others Missing as Bayou _ Goes Out of Banks Due to Heavy Rains operations of an. abstracting business he had| Persons Jaunched in 1900, a business affair he directed until sale in 1913 to G. W. Coates and William V. Kiebert, doing business as the Burleigh County Ab- stract company. Mr. Byrne also waa of the U. 8. land office here sw EseeuEe Hla ately 100 residential blocks and 15 business bie fe northwest for 300 The British government was T2p-| resented as having definite hope that} the new plan would bring a respons? from Mussolini. A speedy East African peace or a} possible European war, informed Ital-| fan sources said, may hang 6n the Premier's reaction to proposals for} peace drafted by London and Paris.| The terms for ending hostilities were | described by French officials as going beyond anything previously offered the militant Italian dictator to foree| a showdown. Great Britain, it was said, had made marked concessions. Events of the next 36 hours were! expected to determine the duration of the campaign in the African king- dom. Solidarity Strengthened The Franco-British solidarity, in sharp contrast to the widely divergent views of the Italian campaign evi- denced on the two sides of the Eng- lish channel at the start of the war, “extended far beyond the Italo-Ethit pian conflict,” diplomatic sources in Paris said. News from Jtajian and Ethiopian biv- ouacs was purictuated by unofficial! reports of casualties and a dispute fn; army circles at Addis Ababa. | A Reuters (British) dispatch from the Ethiopian capital said unofficial re- jports related 850 Ethiopians and 1700 Italian Somalis were killed in a battle north of Dolo, on the southern front.) Belgian Officers Resign All Belgian officers connected with the Ethiopian. army turned in their resignations Monday in Addis Ababa because of a clash of views with high Ethiopian officials, threatening to leave soon unless the dispute was settled. Briefly, the proposais—understood | to have been transmitted in sub- stance to Mussolini already—encom- passed Italy’s holding part of the ter- ritory already conquered near the; borders of its East African colonies of Eritrea and Somaliland, while Eth- iopia would be given a port in Eritrea. The territorial concessions to Italy would be chiefly in Ethiopia's north- western Tigre province, including his- toric Aduwa but not Ethiopia’s sacred city of Aksum, On Mussolini's reaction to the prof- fer was expected to hinge decision as to the imposition of the threatened oll embargo against Italy by the League of Nations. Defend Aerial Attack At the front lines, where only spor- adic activity has taken place for weeks, the Italian high command was quoted in advices to Rome as saying it had a right to launch aerial attacks on Dessye because it was a military center, armed and defended. The Eth- iopian government denied it was a fortified town. Il Duce Monday was scheduled to address the Italian senate and his words, informed sources in Rome said, could mean either a speedy East Afri- can peace or a possible European} war, Gas Tax Collections Increased $572,595 Gasoline taxes totaled $3,366,869 for the fiscal year ending Dec. 1, W. J. Flannigan, state highway commission- er, said Monday. This represents an increase of $572,595 over the previous 12 months period. Of the amount collected, 27.2 per cent equalling $916,566, was refund- e. to farmers, road contractors, cities and villages, and others exempted under the law. As its share, the state highway de+ pattment received $1,610,000, while $805,000: went to counties. September was the peak month of gasoline tax collections. { | | i Change in Schedule Is Effective Sunday VALIDITY “SCHEDULED IN TRIBUNAL TODAY Crop Control Essential, U. S. to Contend; Foes Call It Power Usurpation COAL: ACT CALLED ILLEGA Norris Flays ‘Power Trust’ as Attempting to ‘Paralyze’ Government Lawyers Washington, Dec. 9.—(#)—The ti- tanic fight over the New Deal broke wide open Monday on several fronts. The supreme court set aside time late Monday afternoon for arguments on constitutionality of the Agricul- tural Adjustment act, challenged in the celebrated case brought by the Hoosac Mills corporation of Massa- chusetts. With AAA generally recognized as the No. 1 New Deal program now that NRA is gon¢, lawyers for both sides had made elaborate preparations for the four-hour oral struggle. Stanley Reed, solicitor general, went to the high tribunal’s home to argue that the crop control legislation is es- sential for the nation’s general wel- fare, Appellant Claims Hoosac attorneys headed by George Wharton Pepper, former Republican senator from Pennsylvania, marsh-} alled arguments it was an invalid delegation of power and intrusion into intra-state concerns. The American Liberty league struck at one New Deal policy and Senator Norris (Rep.-Neb.) aimed a blow at foes of ‘another. The national lawyers committee of he Liberty league expressed belief the Guffey coal act, designed to stabilize the bituminous industry, was uncon- stitutional. It said the act seeks, to fregilate “inherently local” activities and “arbitrarily infringes” upon in- dividual liberties. The principle behind the act, the lawyers said, would “subject all in- the second time the lawyers have called a New Deal measure unconsti- DEATH HOVERS NEAR FOR HAUPTMANN AS COURT DENIES PLEA Supreme Tribunal Refuses to Review His Conviction in Lindbergh Case Washington, Dec. 9.—(#)—Almost the last avenue of escape from elec- trocution was closed to Bruno Richard Hauptmann Monday when the su- preme court re- fused to review his conviction of } kidnaping and murdering the Lindbergh baby. The court made known its decision through thc one word—“denie4.” Only court at- taches and tiews- papermen knew of the all-important word affecsing the Bronx carpen- @ ter. It was not read aloud. Hauptma n n’s attorneys Had an- | nounced previous- ly that, in the event a review was refused, they would seek a new trial if new evi- {dence could be {found and woulc appeal for a com. vion of the jdeath sentence to life imprisonment. Now in Death House ‘The prisoner now is in the “death house” at Trenton. ey: Jn asking the supreme court to act, ithe attorneys had contended the cele- jbrated Flemington trial resembled a | “circus” and the defendant had been ‘dustry” to federal regulation. This is denied a fair trial. | They criticized the judge and pro- , Secuting attorneys and said the daily Japanese Demand Equality of Ratio as Pessimistic Con- ference Begins (Copyright, 1935, Associated Press) London, Dec. 9.—The United States took the lead in the international naval conference Monday, advocating @ 20 per cent reduction in existing |naval treaty tonnage. Norman H. \ Davis presented President Roosevelt's suggestion for progressive reduction tof sea armaments. If no reduction was possible, Presi- dent Roosevelt recommended strong- ly continuance of present fleet limit- ations. Failing all else, Davis, chief of the American delegation, advocated a “frank and friendly exchange of views ito discover other paths of mutual un- derstanding, to prevent a naval race.” Baldwin Is Conciliatory Davis’ address followed a concilia- ‘tory welcoming speech by Great Bri- ;tain’s prime minister Stanley Bald- (Win, calling upon principal seapowers to yield some of their demands ia an attempt‘to “avert the calamity of un- restricted naval competition.” | The chief Japanese delegate, Ad- ‘miral Osami Nagano, followed with a request for a “just and fair agreenient on disarmament,” setting forth taus his nation's demands for equality with reat Britain and the United States naval strength. The opening of the conference climaxed a year of British diplomatic efforts to mend the wreckage of last year’s futile conversations to discover a formula for an agreement to re- place the Washington and London Umitations treaties expiring with 1936. Outlook Is Dark The outlook for conference success still was dark. Informed naval forces attributed this pessimism to the Japanese de- mand for equality, to replace its ratio of 3 to 5 for the United States and Britain under present limitations; French and Italian rivalry in the Mediterranean; sanctions develop- ments in the application of League ot Nations war penalties on Italy, tension arising from the North China ‘autonomy movement and other con- troversies. The United States, Great Britain, France, Italy and Japan were rep- resented, as well as India, and the tutional. The first attack was against presence of Charles A. Lindbergh,| British Dominions. jthe Wagner labor disputes act. Expect Decision in January The final decision in the Hoosac case is expected in January. It un- doubtedly will have an effect on the 1936 campaign and officials have in- dicated it may determine whether there will be a new tax bill at the next session of congress. Norris, friend of President Roose- jvelt and long a critic of private power practices, charged the “power trust” was making a “disgraceful” attempt to “paralyze” government legal forces, by filing more than 80 suits against the utility holding company act. The government is seeking to con- fine the fight to a test suit against the Electric Bond and Share com-j pany, which has failed to register with the securities commission as the law provides. The national labor relations board moved to help get a quick supreme court test on the Wagner labor dis- putes act. Making its first decision, the new board declared the Pennsyl- vania Greyhound Lines, Inc., had vi- olated the law carrying a guarantee of the right of collective bargaining. Fargo Firm Awarded Infirmary Contract The Meinecke and Johnson com- pany of Fargo, with a bid of $189,866, was announced Monday as the suc- cessful bidder by the state board of administration for construction of an infirmary building at the state tuber- culosis sanatorium at San Haven. The award is subject to verifica- tion of the public works administra- tion. Work will be started as soon as possible, members. of the board stated. Contracts for plumbing, heating and electrical work will be let later. Bids are to be called for soon. father of the slain infant, “unduly influenced” the jury. ! Replying, New Jersey had said |Hauptmann had been given all his {constitutional rights and there was no reason for the high tribunal to pass on the controversy. Let state law take its course, was its plea. Conviction Affirmed Hauptmann was convicted by the Flemington jury, The 13 judges of the court of errofs and appeals, the highest state tribunal, unanimously affirmed that action. {Hauptmann still can appeal to the |New Jersey board of pardons for clemency, as well as seek a new trial if adequate new evidence is dicovered jon which to base a petition, Refusal of the court to pass on the controversy meant it did not believe |Hauptmann’s rights under the fed- eral constitution had been jeopard- ized in Jersey courts. ATTORNEYS TO CARRY ON FIGHT FOR BRUNO Trenton, N. J., Dec. 9.—(#)—Bruno Richard Hauptmann’s attorneys will carry on their fight to save him from the electric chair in spite of the ad- verse ruling of the supreme court of the United States. “I'm disappointed at the news,” C. Lioyd Fisher, one of Hauptmann’s at- (Continued on Page Two) Demand for Two-Man Railway Crew Is Met Chicago, Dec. 9.—(#)—Threat of a strike by engine crews of the Bur- lington railroad was ended Monday under a compromise agreement on the manning of Diesel-powered locomo- tives. The union’s demand for two- man crews on Diesel-electric stream- line trains will be met. i | Open Your Heart Campaign Meeting Scheduled Tonight Details of Bismarck’s sixth annual, Open Your Heart campaign will pe worked out at a meeting Monday; night of the general committee in| charge, W. J. Brophy, genéral chair- man, announced Monday. be toe seine Sime be appounced a = pointment as s member of com- of Mrs. F. L. Conklin, county fill the Christmas baskets. If food is donated, he said, it should be either canned or of such a nature that it spoil. sugar, flour, dried fruits or similar items as acceptable as canned One of the campaign N. D. MASONS WILL JOIN IN MEETINGS L. K. Thompson Declares ‘For- ward Together Brethren’ as Theme for Tuesday All Masons in North Dakota are ex- pected to meet Tuesday for “Forwurd Together Brethren” night which has been declared by L, K. Thompson, 612 Avenue D, most worshipful grand master. Masons not near their own lodges will be expected to visit a lodge which is conveniently near. All units are planning one of the biggest meetings of the year. Bismarck Lodge No. 5 at its meeting set for 8:30 p. m., will be favored by having Thompsofi give his address, which will be read at all other meet- ings, in person. In addition to the talk and the remainder of the set pro- gram, there will be several numbers by the Masdnic male chorus directed by Ralph Warren Soule. Many visitors are expected at the local gathering which will be con- cluded with a social time and lunch, according to Lester 8. Dieh], worship- ful master. The statewide observances in 1933 of Reconsecration night and in 1934 of Sit-in-Lodge night were conduct- ed under leadership of E. K. Bitzing of Fargo and Mark Forkner of Lang- don, respectively, grand masters at time of the meetings. Brother of Bismarck Woman Dies at Calvin Puneral services were held at Cal- vin Saturday for Herman Gibbens, brother of Mrs, Gertrude Jones, Bis- marck, and prominent farmer of the Calvin vicinity, who died Wednesday from the effects of burns suffered 10 days before when he attempted to start a furnace with oil, He was born 50 years ago at Cando and lived in Killed, 44 Injured y Avalanche of Snow workings. ~_ Convicts Tunnel Way S od 2 ? Loses Federal Post | > DR. JOHN LEE COULTER Washington, Dec. 9.—(?)—The federal tariff commission Mon- day bore a Republican-Democra- tic balance in the appointment by President Roosevelt of Edward D. Durand of Minnesota to succeed John Lee Coulter of North Da- kota, former president of the N. D. Agricultural college. Durand, former University of Minnesota economist, fills a Re- publican vacancy, counterbalanc- ing the appointment last month of Raymond Stevens, New Hamp- shire Democrat, who succeeded Ira Ornburn of Connecticut. A veteran in government serv- ice, Durand since 1930 has been chief economist for the commis- sion, MOTORISTS WARNED | AGAINST BLIZZARDS {Numerous Highways in State Will Be Plugged by Night- | | fall Due to Wind North Dakota motorists were warn- ed by the state highway department Monday of threatening heavy snows and blizzards in the northern and{ eastern parts of the state. Reports of a blizzard in the Grand Forks area, making visibility poor, caused highway engineers to forecast rcads would be blocked before night. It was storming in the Minot dis- trict and unless the storm _abates, highway officials said, State Route 52 and other highways will. become blocked before nightfall. Devils Lake reported all roads open but snow was drifting while Fargo and Valley City warned motorists against icy spots and reported snow. All other roads in the state were open with surfaces remaining icy in spots. 56 MINERS TRAPPED BY HOIST HOUSE FIRE Men Begin Struggling Up Air Vent Ladder to Safety in Alberta Pit Edmonton, Alta., Dec. 9.—(?)—Fifty- six men, trapped below ground when flames swept the hoist house at the Kent mine, attempted to reach the sustane, through the air vent Mon- lay. So far as could be learned none of them suffered injury and mine of-j; ficials expressed belief they would all reach the surface safely. Giving the alarm at 10 a. m., the men left their work at the coal face and commenced struggling up the 165 foot ladder of the airshaft. The fire department was unable to save the hoist house and wash house from destruction. ‘The first ten men reaching the sur- face said there was little smoke in the Free in Walla Walla Walla Walla, Wash., Dec. 9.—(7)— Eight convicts tunneled under the walls of the Washington state peni- tentiary and escaped during the night, Part! The Weather ly cloudy tonight and Tuesday; cooler tonight, with mod. Cold Wai —— PRICE FIVE CENTS ls Calamity Howlers rck Resident for 54 Years, Dies ARGUMENT OVER AKA'LJ, S. Advocates Reductions In Naval Treaty Tonnage TELLS FARM BUREAU TRADE TREATY TOBE OF HELP TO FARMER Lifting Crop Prices Opposed by Few Who Profited by De- pression, He Says RETAIL VALUES ‘TOO HIGH’ Asserts Enemies Striving to Fo- ment City People Against Agriculturists Chicago, Dec, 9.—(/?)—Assurance oj justice to city dwellers under the ad- ministration farm relief program was voiced here Monday by President Roosevelt in a talk to the American Farm Bureau federation convention. Cracking down on the “political profiteer,” the “dispensers Of dis- cord,” and the “calamity howlers,” the president spoke confidently of the “broad recovery program”; endorsed the new Canadian trade treaty and stated that the farm program has actually given consumers “net bene- fits.” “The thing we all are seeking,” he said, “is justice in the common sense interpretation of that word—the in- terpretation that means ‘do unto your neighbor as you would be done by.’” Edward A. O’Neal, president of the farm federation, walked to the plat- form with Mr. Roosevelt amid a roar- ing welcome. 15,000 In Amphitheater The huge amphitheater seating 15,- 000 was filled. . Relating the years of depression; the president asserted “justice and old fashioned common sense demand- ed that in the building of purchasing power we had to start with agricul- ture.” Attacks on speculators drew an- other round of applause from the convention. He added to this attack the em- phatic words “that’s what we pro- Pose to end in America.” Applause also greeted the assertion that a “relative purchasing power of below 50 per cent has now moved up to better than 90 per cent.” Mr. Roosevelt remained for en early ~~ lunch with convention officials be- fore entraining for South Bend, Ind., where he spoke at a special convoca- tion Monday afternoon at which he was awarded an honorary degree of doctor of laws at Notre Dame, . City Understands Teo Speaking of employment benefits in industry as @ result of better farm conditions, he said: “You're not the only fellows. who understand this. The city fellows are beginning to understand it, too.” “Goods are moving again, and as goods are moving, so is money moving once more, and as it flows, millions of farm and city families are getting a bigger share of the national income,” he continued. His strong endorsement of the Can- adian reciprocal trade treaty won 6 round of applause. The crowd laughed as he remarked in reference to thé source of criticisms “it all depends on whose baby has the measles.” Convention Cheers Lustily Concluding, the president wa: heartily applauded as he asserted “we intend to win through to a beiter day —America wili point the way towards a better day.” The convention stood and cheered lustily as Mr, Roosevelt finished. Mr. O'Neal then presented the American Farm Bureau gold medal to the president. “That makes me very, very happy,” said Mr. Roosevelt. “I don’t deserve it. This is a great day in my life.” The band struck up the “Star Spangled Banner.” Charles E, Hearst of Des Moines, chairman of the resolutions commit- tee, indicated the federation would stand solidly behind the administra- tion’s farm policies. Asked About Stand Asked whether there was a posstbil- ity of a switch by the federation from support to opposition of the New Deal and the president, because of criti:ism of the treaty in certain farm sections; Hearst replied, “Nothing for us to revise things a little, not very much and not very oft; We have been fortunate in dra up resolutions in the past stuck.” The farm federation convent’on with representatives from 1,800 county (Continued on Page Two) prich