The Bismarck Tribune Newspaper, December 10, 1935, Page 1

‘ay ¥ » 5 7: \, Vatican City consistory. THE BISMARCK TRIBUNE The Weather ht and Wednesday; Olsing vemperature tonight ESTABLISHED 1878 BISMARCK, NORTH DAKOTA, TUESDAY, DECEMBER 10, 1985 PRICE FIVE CENTS Li Fortune or Fate o OBSERVERS BELIEVE JUSTICES SPLIT ON FARM ACT VALIDITY Pepper Says Taxes Rob ‘Peter the Processor to Pay Paul the Producer’ SAYS FARM FREEDOM SOLD Defender Points Out That Tar- iff Has Protected Hoosac Mills for Yéars Washington, Dec. 10—(?)}—The for- tune or fate of the AAA was rested dramatically late Tuesday with the supreme court. The subsidy policy, denounced as bribery and robbery by its foes and upheld as simple justice by the New Deal, now remains to be reviewed by the justices in their conference clois> ter. A decision in January seems likely. Following scathing argument on behalf of the Hoosac mills of Massa- chusetts, Solicitor General Stanley Reed rounded out’ government con- tentions the constitution and AAA do not conflict. He said the “vital point” was “whether the government has power to appropriate money raised by tax- ation for the benefit of individuals iu states or to carry out contracts the government makes with indi- viduals, Pepper Represents Foes Former Senator George Wharton Pepper (Rep., Pa.), or his associate counsel in their two hours pleading the opposition of the Hoosac mills of Massachusetts to the processing taxes, contended these levies, amounted to “Robbing Peter the processor to pay Paul the producer.” When the farmer accepts the sub- sidies, he said, his freedom is “sold for a mess of pottage.” : “There has been no. regimentation,’ Reed said:in closing. “There has been no control.” He said an emergency had arisen which made it necessary to equalize the conditions of agriculture and in- dustry. Tariff Benefited Mills “The Hoosac mills had been getting benefits through the tariff for years (Continued on Page Seven) PARDONED N. D. YEGG IS SHOT IN HOLDUP Man, Whose Sentence Was Commuted Last Week, Wound- ed in Hotel Stickup ‘Three days after he was released from the state penitentiary here, Fred Lawton attempted to hold up a hotel clerk in St. Paul, was shot by his intended victim and is again un- der arrest awaiting trial for attempt- ed robbery. . Physicians said Lawton’s wound, inflicted Monday night by Miller, the hotel clerk, was minor. ler fired several shots as the bandit fled with- out loot. Lawton was captured after he had forced a cab drived to drive him away. Upon arrest Lawton gave his name as Fred Lawrence, Huron, 8, D., but police found papers in his possession which established the man’s identity. Lawton was sentenced in Oct. 1933 at Minot to serve from five to seven years for the larceny of an automo- bile. His sentence was commuted by the pardon board last week at the request for commutation of the sen- tence made by a@ brother in South Dakota. Lawton also served a term in the penitentiary in 1932 for grand lar- ceny, Smallwood Child Dies Monday of Pneumonia Marlyn Catharine Smallwood, 3- months-old daughter of Mr. and Mrs. James K. Smallwood, died Monday at the Smallwood home, 1516 Ave. B. Pneumonia was the cause of death. Rites were held Tuesday at the home of the child’s grandmother, Mrs, George Geiger, 208 ‘Fourteenth St. Rev. Father John Schmidt officiat- ed and burial was in St. Mary's cem- etery. Marlyn Catharine was born Aug. 17. Besides her parents she leaves two brothers, Kenneth, 3, and Billy, one year old. Allotted $3,000,000 ‘To Care for Farmers ee Washington, Dec. 10.—(#)—Cal A. Ward, regional resettlement director for the Dakotas, Nebraska and Kan- sas, said Monday night he had a ten- tative allotment of $3,000,000 for re- settling farm families in the four|he states. At an average cost of $4,500 to $5,000, this would take care of about 600 families, Ward said. pr. GILMORE PROMOTED? we crate — aks announced that Dr. Joseph M. Gil- , chancellor of the Helena, Mont.,|t0 3 Slocese, would formally named | bee be Details New Ji udge Sentences Fargoans to Prison Detroit Lakes, Minn., Dec. 10.—(7)— Judge Byron Wilson of Wadena Mon- day sentenced Silas Stamnes, 30, and Al Stullick, 31, both of Fargo, N. D., two two-to-15 year prison terms on second degree robbery charges. The sentence was Judge Wilson's first offi- cial act as new judge of the seventh district. FORT ROAD MAY BE CLOSED FOR SEWER MAIN CONSTRUCTION Officers Submit Plan for Sav- ing City Cost of Liability Insurance A pledge that the Fort Lincoln road would be closed to automobile traffic and guarded day and night by post: soldiers during the construction of| the proposed sewer main to the fort was given to the board of city com- missioners here Monday night by Capt. Patrick Kelly. Captain Kelly and Lieut. L. V. Smetana appeared before the board with the proposal to close the road in order to save the city the expense of liability insurance in the event ‘the sewer connection is made. The WPA Project calling for the construction of the sewer has been completed for! submission to federal authorities, Captain Kelly said. Discusses Parkway The captain also discussed with the; | ing ordinance was brought up and the commissioners the proposal of the! highway department to set aside two one-mile” strips; 100-.fee} “Wide, ‘along’! each side of the road as a parkway. The two designated areas would be/ planted to trees, shrubs and lawn un- der the proposed plan. Approval of the project rests with the willingness of the city fathers to furnish water for irrigating the park. Action on the matter was deferred until the estimated cost of such a project has been investigated. The board decided that the Christ- mas street lights in the business dis- trict would be lighted each night un- til after the holidays starting Tues- day. They also issued a warning to Christmas tree venders that a city or- dinance prohibits house-to-house so- licitation of business. A suggested amendment to the zon- commissioners voted to table the amendment until the entire ordi- nance can be gone over and revised. Bid Set Because of some changes in the plans and specifications for the pre- Sedimentation basin at the city water-| works plant, the date of the original letting of the bids was moved ahead to Dec. 23. No bids were received af- ne the first advertisement of the let- November reports of City Magis- trate E. 8. Allen and City Weigh- master F. J. McCormick were read and approved. Allen reported fines amounting to $25.20 during the month. McCormick's report showed 2,391 leads weighed with receipts totaling $207.50. The commissioners rejected the pe- tition of Mr. Ivers to locate a cook car at 917 Sixth 8t., which he planned to use as a residence. BAKKEN 70 EXPLAIN NEW DEAL MEASURE Business Men to Hear Discus- sion of Social Securities Act Thursday P, Effects of the New Deal's social securities act upon employer and em- Ploye will be discussed by P. C. Bak- ken, local certified public accountant, at an informal meeting of business men called for 8 p. m., Thursday night at the dining room of the World War Memorial building. - According to the provisions of the measure passed by congress in Atig- ust, details of which cannot be au- thenticated because of the lack of gov- ernment rulings on special phases, employers will be taxed 6 per cent of the payrolls and the employes 3 per cent of their salaries’ when the maximum limits have been’ reached, Bakken explained. re . Buch a tax would support a na- tional old age pension and unemploy- ment insurance program of the fed- eral government, although direct ad- ministration of the unemployment in- surance would yest with the states, which stat- explained. Details of the tax plan, isti¢ians estimate will accumulate Decided Entire Community Joins in Ef- fort tp Banish Misery at Christmas Time Asserting that Bismarck really must open its heart if want and distress are to be banished from the city this Christmas, the general committee di- recting Bismarck’s sixth annual “Op- en Your Heart” campaign laid plans for a concerted drive at a meeting Monday night in the World War Me- morial building. Approximately 60 persons, repre-, senting the service and charitable or- ganizations of Bismarck attended and Pledged their cooperation. Boy Scout executives said the lists of materials needed, distributed by scouts last Friday, will be collected New Music Groups Will Aid in Drive Comfort for the soul as well as the body will be provided by Bis- marck’s “Open Your Heart” cam- paign, it was decided at the meet- ing of the general committee Monday night. It will be furnished by the First Christmas musical program ever presented in Bismarck by groups representing the city as a who'c. Invitations were issued to the newly-formed Bismarck Commun- ity chorus and the newly-organ- ized Bismarck band to join in a concert in the city auditorium at 2:30 p. m., Sunday, Dec. 22. No admission will be charged but a collection will be taken and the money used to buy clothing for needy children. Ralph Warren Soule, chorus di- rector, and Curtis F. Dirlam, di- rector of the band, said Tuesday they would be glad to accept. It will be the first public ap- ‘pearance’ for the chorus and the | second for the band, the latter having furnished the music for the American Legion carnival last week in the Memorial building. Tuesday afternoon and that the bus- iness of collecting old clothes, toys, etc. would start Wednesday morn- Initial Response Good { mse to the initial appeal, Chairman W. J. Brophy told the group, already has been good and some material has been sent by don- ors to the “Open Your Heart” head- quarters at the Salvation Army build- ing. Persons who wish to make do- nations and who may have failed to receive one of the lists are asked to Phone 521 and arrangements will be made to call for them. At the same time the Association of Commerce and the Junior Asso- ciation of Commerce agreed to solicit local business houses for donations of clothes, toys or other material which may be serviceable but not sal- able. In past campaigns nts have been generous in giving obso- lete and shelf-worn items and such parts of their stock as were not sal- able for any other reason, Milton Rue, commander of the local American Legion post and manager of the Open Your Heart campaigns in 1930 and 1931 told the group. This solicitation will start Wednesday morning. i No Direct Solicitation i Because the “Open Your Heart” campaign is a spontaneous movement, intended to make Christmas more (Continued on Page Seven) Accident Is Fatal to Former Bismarck Man Mr. and Mrs. N. A. Freeburg, 514 Fourth 8t., have received word.tha: Dr, Thomas Gerrard Kenney, 54, of Toledo, Ore., former Bismarck resi- dent, died Tuesday, Nov. 26, of a frac- tured skull sustained when he was struck by a car, Funeral services ‘were held in Vancouver, Wash., where interment was made, Nov. 29. The late Dr. Kenney was born in Dublin, Ireland, Dec, 23, 1881. When 17 years of age he began life for him- self immigrating to Toronto, Ont. where he worked his way through scool, receiving a veterinary degree 4r.-2988. Soon thereafter he moved to Bismarck to practice his profession and it was here that he was married i seal Elizabeth Schnabel, Nov. 6, pt In 1923 Dr. and Mrs. Kenney moved to Wasco, Ore., and four years later they went to Toledo. At the time of hts death Dr. Kenney was serving as county veterinarian. During the World war Dr. Kenney Minneapolis Man Is_ Held for Minot Thef - FARM BUREAU CHIEF |YOUNG REPUBLICANS PROMISES TO BAGK } CALL CONVENTION IN FDR FARM PROGRAM! BISMARCK, MARCH 2 Permanent Government Credit Subsidy for Agriculture Frowned On WOOD SAYS AAA IS NEEDED Wallace Declares Treaty Gains Will Far Outweigh Losses in Long Run Chicago, Dec. 10.—(7)—A_perman- ent government credit subsidy for agriculture was frowned upon Tues- day by F. W. Peck, cooperative bank commissioner of the farm credit ad- ministration. “There is no permanent place in agriculture for a government subsidy in the form of credit,” he told the American farm bureau federation, which assembled to begin formation of its policies for the coming year. Instead he told the delegates—still jubilant over President Roosevelt's exposition Monday of the administra- tion’s farm policies—that he favored less government and more producer capital in all cooperative agricultural businesses. Wallace Welcomed Before turning to its consideration of resolutions, the bureau, already pledged by its president, Edward A. O'Neal, to support the national ad- ministration’s farm program, wel- comed Secretary of Agriculture Henry A. Wallace. Gen. Robert E. Wood, president of Sears, Roebuck and Co., told the farmers: “You must have an AAA or some method of giving an equivalent tariff protection to the farmer.” At the same time, he warned, the farmers’ interest would be better serv- ed by high volume at moderate prices than low volume at high prices. ~., + Sees Treaty Gains A Wallace offered his “considered judgment” that American agricultur- al gains from the Canadian reciprocal trade treaty “so far outweigh the losses that the net advantage to our agriculture as a whole is very much worth while.” The agreement, he said, “attempts to undo the terrific damage done by the Smoot-Hawley act.” Under that tariff act, he said, agricultural ex- ports from the United States to Canada shrank from $100,000,000 an- | nually to $40,000,000, Of American concessions to Can- ada on agricultural products, he said that “in none of these cases are im- ports in prospect that will have ma- terially adverse effects upon Ameri- can producers.” Canadian concessions on meats and meat products duties, he said, will op- en the way “for our farmers to get back a bigger share of the British pork market. TRADE TREATY HIT BY POTATO RAISERS Claim Reduced Tariffs Will Cripple N. D. Certified Seed Business Grafton, N. D., Dec. 10. — (®) — Fault-finders of the Canadian trade treaty Tuesday found a companion in the North Dakota Potato Growers association. The association, claiming reduced tariff rates will cripple North Dako- ta’s trade in certified seed potatoes with southern and eastern states, urged secretaries of state and agri- culture to work for restoration of pre- vious duties. Steps toward this demand develop- jed Monday in conjunction with an ‘explanatory hearing on the potato control act, which more than 300 farmers defied snow and zero weather to attend. A. E. Mercker, AAA potato section head at Washington, said the act rep- resented efforts to regain the 1919-29 potato income. He was to give an- other detailed explanation of the control regulations in Carrington Tuesday and at Arnegard Wednes- day. Phil Hoghaug of Devils Lake Selected as Temporary State Chairman TO NAME COUNTY CHAIRMEN National Director Is Present at Meeting Here to Aid Organization Preliminary organization of the North Dakota Young Republican group was completed here Tuesday and a statewide convention called for March 2 at Bismarck. Representatives from 35 counties were present, and Phil Hoghaug of Devils Lake was selected as temporary state chairman. i Assisting in the organization were J. Kenneth Bradley, state senator from Connecticut, director of the Young Republican division of the Re- publican national committee; Oscar GIVES AAA CHECK FOR GOP CAMPAIGN Agricultural adjustment admin- istration checks issued under the Democratic regime will be used to help elect a Republican president, according to Harold Hopton, state insurance commissioner. His statement, made at an or- ganization meeting of the North Dakota Young Republican group here, brought laughter and cheers from the delegates. “Right there sits a man who will turn over his AAA checks to help” the Republican campaign,” assert- ed Hopton as he pointed toa farmer attending the meeting. The farmer nodded his head. elt! E. Erickson, chairman of the North Dakota Republican state central committee, and Henry N. Somsen, Jr., New Ulm, Minn., member of the Min- nesota Young Republicans state exe- cutive committee. Other temporary officers named, who will hold office until permanent officers are named at the March 2 convention, were William Woell of Cass county, vice state’ chairman; Robert Rutledge, Williams county, treasurer; James Brastrup, Courtenay, secretary, and John Wicks, Cannon- ball, recording secretary. To Name Chairmen Hoghaug will name a man and woman as county chairmen from each county in the state prior to the state convention. He also was authorized to attend a regional meeting of rep- resentatives from North Dakota, Min- nesota, Wisconsin, South Dakota and Towa, to be held at a date and city to be selected later. The meeting probably will be in Minneapolis or St. Paul, however. A woman representative to attend the regional session, and also to as- sist in the organization of the Young Republican women in the state will be named by a committee consisting of C. J. Myers of Bismarck, C. F. Randall of Leeds, Elroy Gulbro of Pekin, W. J. Austin of Bismarck, and George Olson of Charlson. Bradley e: optimism over the Republican outlook in the presi- dential campaign next year, stating the trend is “swinging away from Roosevelt.” He outlined the purpose of the younger movement, stating it was aimed to stir up interest among the younger group and induce them to take an active part in political af- fairs. No Dictation Planned Each state organization will form its own policies, Bradley stated, add- | committee ing that while the national the Republi party in North Da- kota will be represented in the young- er GOP movement. “Appointments will be made from all groups, regardless of their fac- tional affiliations,” Hoghaug declared. Bradley will leave here Tuesday for Minnesota to attend four district meetings in that state, including St. Paul and Minneapolis. Santa Claus Finds His Mail Filled With Many Heartaches: Banta Claus, Ind, Dec. 10.—(}— “Santa Claus” is in a predicament. It’s the mail—thousands and thou- | Slain Editor | oo ecu O Former North Dakota | political | publicist, Walter Liggett was as- sassinated in Minneapolis Mon- day night.~ SAY LIGGETT WAS TO HAVE APPEARED | IN FEDERAL COURT Defendant in Conspiracy Trial Asserts Death Halted ‘Start- ling’ Evidence \ Walter Liggett, assassinated Min- Neapolis editor, was to have been a “star witness” for the defense in the federal conspiracy trial of former Gov. William Langer and three associates here it was revealed Tuesday by the former chief executive. Lahger made the revelation as se- lection of a jury in the third trial of the conspiracy charges moved swiftly forward in United States district court, Liggett, Langer said, was to have been called to give “startling evidence” at the trial as a rebuttal witness. “Liggett called me Monday about 4:15 p. m., from Minneapolis,” Langer declared. “He said he would be here pobably Wednesday. His calls to me Probably was the last long-distance call he made before his life was snuffed out.” Langer said Liggett was “coming here to help us in the trial of this case.” Claims New Evidence “We have evidence never before brought out which we planned to produce through Liggett—he was to (Continued on Page Two) OIL EMBARGO MAY BE POSTPONED BY | PEACE CONFEREES British Cabinet Seeks Modifica- tions in Settlement Plans Drawn Up (By the Associated Press) The armies of Italy and Ethiopia engaged in desultory fighting Tues- day while the possibility cropped up of another gesture by the League of Nations toward peace as a concession Premier Muscolini. Both at Geneva and Paris it was indicated the scheduled meeting of the league's sanctions committee of 18, called for Thursday to discuss an oil embargo against Italy, would be Postponed. The penalty of an oil embargo, urged repeatedly by Great Britain as the mainspring of the sanctions movement, has drawn, most of the re- cent vituperative utterances from Rome and accompanying declarations that such a move would only prolong the war in East Africa. Peace efforts at Paris, however, given a filip by the conversations be- tween Premier Laval and Sir Samuel Hoare, the British foreigh secretary, Liggett Assassin Suspect Held f AAA Rests in High Court\Widow Picks Out Open Your Heart Mill City Liquor Baron. As Killer Isadore Blumenthal Declares He Was in Barber Shop at Time Governor Olson’s Foe Was Shot Dead Near Home Minneapolis, Dec. 10.—(AP)—Gov., Floyd B. Olson, target of repeated attacks by Walter Liggett, publisher of the Mid-. west American, who was slain here Monday night, Tuesday of- fered the services of the state bureau of criminal apprehension to aid in solving the crime. Governor Olson, who had never publicly recognized Lig, gett’s criticism, said Tuesday in commenting on the crime, that he was not familiar with the Midwest American. He termed the slaying an outrage and expressed hope for a quick solution. Police held one man, Isadore (Kid Cann) Blumenfeld, iden- tified with liquor interests here, for questioning. They plan- ACCUSED OLSON OF IRREGULARITIES; DARED GOVERNOR'S SUIT FOR LIBEL Minneapolis, Dec. 10.—(AP)—Walter Liggett, weekly newspaper publisher of Minneapolis, dared Gov. Floyd B, Olson to accuse him of libel in the latest issue of the Midwest American, Liggett’s weekly publication. Listing 10 accusations against the nation’s only Farmer-Labor chief executive, Liggett said “if these charges are not true, Governor Olson should sue me for criminal libel.” The article then listed 10 alleged irregular- ities and demanded the legislature impeach the state’s chief executive. ned to have Mrs. Liggett, who with her daughter witnessed her husband’s death, view him. In pursuance of Governor Olson’s offer, Melvin Passolt, chief of the state bureau of criminal apprehension, said he had already joined Minneapolis police in their investigation. Later police announced Mrs. Liggett would be unable to come to police headquarters because of her nervous condition, They hoped she would be able to aid them Wednesday. Capt. Al Marxen of the Minneapolis police department re-- leased’ a statement’ from Mrs. Liggett in which she ‘said she recognized Blumenfeld, who is held, as her husband’s assailant. She said Blumenfeld, who she called by his nickname “Kid Cann,” had been pointed out to her twice before, but that she had never talked with him. She said she was certain there were two men, and possibly a third, in the car from which the fatal. bullets were fired. Police studied recent issues of Liggett’s newspaper for some clue to his death. Mrs. Liggett disclosed that threats to kidnap her daughter had been made during her husband’s. recent trial on a statutory charge in an effort to prevent her presence at the trial. Lig- gett was acquitted. Enigmatic silence met inquiry into the assassination. Po- lice disclosed no clues, though they held one man. Deepening mystery attended the affair. Night Captain of Police Frank Rickman said Blumenfeld, held without charge, offered no leads toward apprehension of the merciless killer. Prompt arrest of Blumenfeld, identified with liquor inter- ests in Minneapolis and once accused by Liggett as one of his assailants in a fight several weeks ago, followed Monday night’s shooting. “I think something might develop today,” Captain Rick- man said, but beyond that he was tight-lipped. Police had made no other arrests. In the latest issue of his weekly, the Midwest American, Liggett alluded to the possibility of his assassination and de- manded impeachment of Governor Olson on sweeping charges of graft and fraud in public office. Money, politics, liquor, graft and a “shakedown” supplied police with the pieces of a jig-saw puzzle which authorities were called upon to fit together to solve the second slaying of .a Twin City editor in two years following recent acquittal of Lig- gett, nationally known magazine writer, on a charge of sodomy. REACTION TO GAINS [Sas encase PLANIS FAVORABLE ious living, drove his automobile into Dickinson Senator Seeking the alley near his apartment. He alighted from the car with an arm- More Opinion Before Start- ing Adoption Drive ful of groceries and a .38 calibre pistol in his pocket. Five Bullets Whine Suddenly, without warning, flames of death blazed from an automobile facing the opposite direction. Five shots vomited from a pistol, gripped by a grinning killer who was seen Fargo, N. D., Dec. 10.—(?)—State Senator J. P. Cain of Stark county Monday reported a favorable reac- tion toward his governmental reor- ganization plan which he advocates to save the state $1,000,000 o year. Senator Cain’s plan would shift ap- pointive and administrative power en- tirely to a five-man board consisting in the childish voice of a 10-year- old as she leaped from the back seat