The Bismarck Tribune Newspaper, December 17, 1935, Page 7

brat This is the most recent photograph of Rudyard Kipling, who cele. es his 70th birthday December 30. came out of India at the turn of the century with a pocketful of poems at brought him world fame, has lived as a virtual recluse e while his prolific writings have continued to roll (Associated Press Photo) The bespectacled youth who | In the Day’s Photo News RNAV WT SERIE AAT ARE one Sm DAVIS TELLS JAPAN THERE IS NO REASON TO REMAKE RATIOS But Admiral Nagano Refuses to e Up Demand for Equal Naval Power Si London, Dec. 17.—Norman H. Davis, the United States chief delegate to the international naval conference, told the Japanese Tuesday that inasmuch as neither the United States nor Japan has any intention-of taking the offensive against the other, there is no reason to change the existing rela- tive power of their two navies. He made this statement to Admiral Osami Nagano, the chief Japanese delegate, directly across a private conference table. Davis told the assembled conferees that the usefulness of the Washing- ton treaty of 1922—which she the British-American-Japanese navies on @ 5-5-3 ratio—had been fully demon- strated and that there was no reason to change the existing system. Admiral Nagano, however, did not retreat a single step from Japan’s de- jmand for equality with the United States and Great Britain in sea power, declaring that Japan has made great sacrifices in the Washington treaty ratios. He said these sacrifices would not be repeated inasmuch as modern ships and weapons had rendered Japan’s position more dangerous. BISMARCK KIWANIS CLUB PAYS TRIBUTE TOLATEP. E. BYRNE Judge Burke Praises Former | President of Organization in Luncheon Talk Bruno court had d The only avenu picture, are tion for ani Paramount N Richard Hai Members of a police emergency squad aided in the resuscitation ot a baby girl born to Mr. and Mrs. Sylvia Gendell in the Brcoklyn Jewish hospital. The child apparently was lifeless at birth, but she begar breathing and was given a good chance to survive.( Associated Press Photo) A quick appeal was planned by Rep. JohnH. Hoeppel (left), Call- fornia Democrat, and his son Charles (right), convi of Columbia Supreme court jury of conspiracy to sell appofhtment for $1,000." They aie shown as vagdict, confident: of acquittal, (Associated Preas. the stoic assertion: mann accepted the news that the Supreme ion for a revisw of his conviction for the “My conscience is clear.” ing open to Hauptmann, shown in a recent to the New Jersey board of pardons and a peti. trial if fresh ev:dence can be found. (Associated Press— ‘by a District they. awaited the jurya Photo) i Tribute to the late P. E. Byrne of Bismarck, as a “Kiwanian, neighbor and friend” was paid in a eulogy de- livered before the Bismarck Kiwanis club Tuesday noon by Supreme Court. Justice John Burke, longtime friend of the man who died here December 8. At the luncheon as special guests, Byrne's two sons, William A. and Joseph D. Byrne, heard their father described by the jurist as a “man of an orderly mind,” whose two most striking qualities were “loyalty” and “efficiency.” Judge Burke said Byrne served the Kiwanis club with a fidelity that was broken anly by sickness and death and called attention to the fact that his efficient and scholarly activity in club affairs should serve as an in- spiration to members of the organi- zation. Knew Byrne Intimately The judge related he came to Know Byrne intimately when the latter was his secretary in the North Dakota governor's office for six years. He cited a few humorous incidents which occurred during that six-year period to bring out his point that Byrne had the efficiency that only an orderly mind produces. The justice said that so great was Byrne's loyalty to him that he would have entrusted to him not only his political life but also his very life. Declaring that Byrne had a “great appreciation of the eternal fitness of things,” Judge Burke confessed that several times he shocked Byrne through innocent and playful acts he perpetrated while governor. Though Byrne never voiced the belief, Judge Burke was sure that his secretary thought at times he was acting in a manner beneath the dignity of a gov- ernor of a great state. Byrne died a “bigger and better builder,” Judge Burke said in con- clusion. Plan Joint Session ‘One of Byrne's favorite soloists, Mrs. ,{C. A. Narum, sang a solo at the lunch- eon, She was accompanied by Clarion E. Larson. Group singing of the club was led by Ralph Soule, with Larson at the piano. President James W. Guthrie an- nounced that the next two meetings of the Kiwanis club will be joint ses- sions with the Rotary club, Dec. 24 and 31. Supreme Court Justice James Mor- ris, who is district governor of Ki- wanis, and Frank H. Waldo, chair- man of the local club’s educational: committee, collaborated in telling the club about the Minnesota-Dakota dis- trict Kiwanis Educational Foundation and soliciting financial ald for the non-profit-making corporation from members of the Bismarck club. Judge Morris explained that the pur- pose of the foundation is to receive and administer a fund to be used in assisting, through loans, worthy boys or girls who are physically handicap- ped in attaining higher education after graduation from high school. MANUSH TRADED TO SOX mn, Dec. 17, — (®) — The ‘and minimums as low as $5. Qualifi- THE BISMARCK TRIBUNE, TUESDAY, DECEMBER 17, 1935 Insurance ‘for Jobless Big. Item on Security Programs ‘cease ~/REPUBLIGANS WILL SERK DEMOCRATIC | Williston Challenged By Crosby in Class A | Minot, N. D.,, Dee. 17.—(?}—Crosby | high school’s basketball team Tues- | day was announced as the third class j | i ‘ right to enter the Class A tournament. States Given Strong Induce- Hl AUPTM ANN OFFERS ee | Grafton, defending champion, has ments to Pass Own Laws and North Dakota's Delegation to| challenged Devils Lake and St. Mary's Obtain Federal Aid This article is the last of a seriés of stories on how the fed- eral-state mammoth social se- curity program will operate, who will benefit and how the money will be raised and apportioned. “| { ' { | By RODNEY DUTCHER | (Tribune Washington Correspondent) | (Copyright, 1935, NEA Service) | Washington, Dec. 17.—Eight states and the District of Columbia have ects unemployment compensation wo. That leaves 40 states which must | come in under the wire through regu- lar or special legislative sessions dur-| ing 1936 if they're to benefit from the New Deal scheme to foster state un- employment insurance laws by mak- ing it @ losing proposition not to have them. A federal tax of 1 per cent on pay- Tolls becomes effective for the year 1936 and will be collected in 1937 uli | less the supreme court balks. This tax will increase by a half per cent every three years until it reaches 3/ per cent in 1949 and stays there. Its proceeds will go into an “unem- ployment trust fund” in the U. $./ Treasury. It applies to employers of) eight or more persons, with stated ex- emptions, such as for agricultural! workers. When a state has an unemployment | compensation law which meets cer-) tain standards set up by the Socia! Security Act, and has been approved by the Social Security Board here, its} employers will receive a credit on the) federal unemployment tax for 90 per} cent of the tax sum they have paid into the state fund. Inducement Given States The idea is that no state will want to see that money taken by the Treasury when it might be spent at/| home and that employers would rather | pay for compensation systems for thelr) employes than give their money <0} Washington. At the Social Security Board they're; figuring that any of those 40 states which don’t act in 1936 will be just throwing away that 1 per cent tax on} payrolls which, will be collected in. 1937. The annual federal tax is ex- pected to run up to $900,000,000 by! 195¢. | Another inducement offered the states is the provision that the gov-/| ernment will pay all costs of state) unemployment compensation systems’ and is appropriating $4,000,000 for| such use in the fiscal year 1936 ana’ $49,000,000 a year thereafter. The federal tax will be collected by the Bureau of Internal Revenue just | as if it were an income tax. The! state tax in most cases where the laws are passed will be collectible inj 1937 for the taxable year 1936. Other Credits Allowed After 1937 employers will be granted | additional credits under the federal law whenever state law permits them to reduce payments to the state fund; as @ result of good employment record lor adequate reserves, subject to certain | federal restrictions. States are given almost complete; discretion in setting up their own sys- | tems. They may charge the entire cost to employers or divide it with employes or the state itself. They may set up separate individual employer accounts or pool all contributions. ‘The Security Act only demands that, when the state's employers are to be granted that 90 per cent credit, laws must provide: Administrative methods approved by the SSB, pay- ment of compensation through puo- lic employment offices or other ap- proved agencies, fair hearings before impartial tribunals when appeals for compensation are denied, and fuil SSB access to the books of state sys- tems. States May Be Punished i The SSB may cut states off its ap- | proved list if it finds its regulations are not being complied with or if i eligible persons are being denied com- pensation. An individual refusing to work be-| cause a job is vacant due to labor} trouble, because wages, hours, or works conditions are worse than those pre- vailing in the locality, or because he would be required to join a company union or quit a labor union may not be denied compensation. Laws of New York, Wisconsin, Utah and the District of Columbia call for no contributions from em-; ployes, Others assess workers as well | as employers. | Laws of New York, New Hampshire, Washington and Utah apply to em-| ployers of four or more and that of/ the District of Columbia covers em-| ployers of one or more. The general rate of compensation provided is 50 per cent of wages, with a maximum payment of $15 a week cations vary, but usually require that the applicant has been employed 26; out of 52 weeks. All states provide a three or four-week waiting period and Nincluding Attorney General David T.| jit public Monda |I would be very thankful for permit: TOSTAND LE TESTS TOPROVEIANOCENGE i Governor, Prosecutor Bruno Suggests Jafsie Also Undergo Examination Trenton, N. J., Dec. 17.—(#)—Bru to undergo a lie detector test in an! effort to prove his innocence in the Lindbergh —_ baby kidnap-murde brought no immediate response from New Jersey authorities Tuesday. “I don’t want to comment now,’ } was the answer of Gov. Harold G Hoffman, to whom the convic! murderer of Charles A. Lindbergh, Jr addressed his appeal. Other official Wilentz, chief prosecutor of Haupt-) mann, also were silent. Hauptmann made his request in a state prison. Governor Hoffman made; “I assure your excellence, had I any |? guilty feeling in this terribie crime. | with wrote. this —_ request,” world that I have spoken the trut ting any able persons, who are free of any opinion in this case, to take a test with a so-called lie-detector, serum, or whatever science may offer.” | He suggested also that Dr. John F.| Condon, the Jafsie of the negotiations, submit to a similar test. | Condon, reached between perform- | ances ina Lynn, Mass. theatr termed the suggestion a “good joke’ and “defense fireworks.” Hauptmann’s defense counse}, pardons “for relief.” The, say what they meant elief” it was understood they would seek | commutation of the death sentence to life imprisonment. | y parents, public employes, | institu- y declined to! employed and employes of nonprofit tions. : Criticisms of the Unemployment Compensation plan stress its dupli- cation of taxes, the contusion sure to result from varying siate systems, ii | | administrative complications, and the fact that the federal government stands to make a profit. Retaining 10 per cent of the federal tax, it will pay state administratis expenses estimated at little more than | 5 per cent of the tax, indicating a| possible profit of 30 or 40 millions aj} year. Also, when states exclude sal- | aried workers above a ce! i level, the Treasury goes lecting the tax on total payrolls. when a state has no unemploym: insurance law, your Uncle Sam Ff fits the whole tax. Court Fight Certain if Employers will c! the Unem- ployment Compensation and Old Age Benefit sections of the act in the; courts. Are they “constitutional”? about that may be expressed in a re- | mark Chief Justice Hughes once made when he wasn’t on the bench tion, but the Constitution is what Justice Owen J. Roberts, reading was vigorously disputed by Hughes. Which really means titat you can write a constitutional opinion either way on Social Security—and that the | court undoubtedly will divide on it. Many New Deal lawyers feel Rob- | erts, who was once considered an es-j sential part of the court's “liberal ma- | jority’—which is non-existent with- | out him—in’ effect barred himself | from approving any national social | security measure. | It is worth remembering that the act can hardly be tested before 1937, | when the Treasury starts collecting taxes. And if one of the five “con- servative” judges passes from the pic- ture in the meantime, validation of Social Security will be a good bet. Roosevelt wouldn't appoint a succes- sor who couldn't be depended on to uphold it. . In any event, that Gecision is like- ly to be as far-reaching and import- ant as any the court has made to; date. THE END 1 Townsend Club Having: Varied Entertainment, The appearance of Santa Claus has the duration of benefits in most cases; been added to the program already | is 16 weeks. Law Called Model One The District of Columbia is semi- officially considered to have a “mo- del” unemployment insurance law. It provides for a pooled fund, covers em- ployers of one or more, requires em-_ planned for the Bismarck Townsend organization's last meeting of the| year in the Burleigh county court} room at 8 p, m. Tuesday. Election of officers is scheduled. H Speakers will be Tom Hall, former | congressman, and Harold Hopton, | ployer contributions of 1 peg cent for | state insurance commissioner. In ad-| 1936,:2 per cent for 1937, and 3 per cent thereafter, and provides a max- imum contribution by the District of $175,000 in 1938, é It establishes the compensation rate at 40 per cent of wages plus 10/ per cent for dependent spouse and 5 cent for a dependent relative with maximum of 65 per cent, only 13 ae |, @ three-week waiting per- “and 16 weeks of benefits. ‘The federal government went into field be- | dled Moni the unemployment insurance’ dition to the talks there will be a/ play, “The Court of St. Vitus,” di- rected by J. W. Riley and vocal and instrumental selections by the Emil Johnson family orchestra. DULUTH PIONEER DIES | Duluth, Minn., Dec, 17—(P)—Strick- en while discussing business, affairs ‘of employment as a qualifica- | With his secretary at his home, John Dana Stryker, 79, president. of Stry- | ker, Manley & Buck, real estate firm, | since its establishment 45 years ago, day, | CALLS QUINS ‘GARBOS’ i Hollywood, Dec. — 17.—()—The | Dionne quintuplets, says Jean Her-} sholt, are “five Garbos.” The veteran | character actor returned Tuesda;: from 10 days of movie taking witn| those /the famous babies at Callander, Ont | “But since it is my deepest desire | Vasance to prove to your excellence and the| that moc te the liberty of the ci next Republic: failure to use federal income taxa-| 'tion for financing, the likelihood of | yo jKota 11, and Wisconsin 27. N. 3 | North Da become chair ‘coed All you, I, or anyone else Knows | Gonger of Des “We are living under~a Constitu-| sistant ger the judges say it is.” \fairs in t! | the tele merce clauses of the Constitution. He | Telephone Next Convention Cut From 11 to 8 Washington, Dec. 17.—(}—Unfold- | ca WGP Geka ing part of their campaign plans for] re 1936, Republican leaders were engaged | Silent; Tuesday in a definite effort to win| | support of anti-New Deal Democrats} lin the drive to oust the Roosevelt ad-| 6 ARNIV AL PROGR AM | ministration. This plan to topple the New Di by splitting away sizeable segments ‘1 of the Democratic ‘ty became plain! Richard Hauptmann’s expressed wis!) in an fe asition atic xpected resolution the Republican nat nounced by 1936 committee Monday night after it had | decided to hold the part: vention on June 9 at Clevelard. jof Bismarck has challenged Bismarck } eee The letter containing Crosby’s challenge bore a postmark of Sunday, Dec. 15, according to Supt. L. A. White. secretary of the board of control of {the state high school league. ead _an-| Parades, Skating Contests to iad! Feature Winter Sports Event Here Dec. 28 con-| Specifically, the announcement ap- pealed to the 1ands with Republicans to stablishment of what ‘a Socialistic state.” Intreduced by Creage: Introduced by R. B. Cr mmitteeman and onded ark Requa, Californian who was letter penned in the death house of {close friend of Herbert Hoover, esolution said: “The coming election will m: nd ruled by a dictutc s at the rights of «! ne Supporters of Senator view the “old guard” had suffered a| bo folio ransom | Setback in a contest at Mond: yes, | committee meeting. Seek to Relax Rules led by Charles D, Hilt Foret publican at the last preceding idential ciection get a the bonuses to states which Republican in 1928 or (Fort 1928. nn Hamilton, youthful was turned down, 62 to 34. Apportionment of delegates to the | S0 n convention include: Moniana 8; North Da- | fir & and Wisconsin 24. 2 apportionment w Montana 11; Nor a . D. - Det Beil elephone general manager same Iowa. Will deen, 8. D., Boge will remain in that cap The c ment as pre an of the board election of A as | ssident. Q vice president and 0 I to succeed him. Carll came to Fargo in 1929 n al t e of the compan ate. a 5 to 4 opinion, last spring held that) Brazell has been employed by the) the Railroad Retirement. Act violated |company since 1905 and at Aberdeen | the due process and interstate com-|was president of the Dakota Central rthy In 1925, there were 2,897,208 sons in the United States; in the world SANTA DONT LET HUBBY FORGET To GIVE ME SOMETHING ital Sf We Have Thom Service Electric Shop John B. Kottsick, Mgr. 117 Fifth st. The honor of serving you at @ time when expert and efficient service is so badly needed obligates us to do everything as near- ly perfect as possible. You can rely upon us. WEBB BROS. Funeral Directors Phone 50 Night Phone 50 or 887 illions of constitu-| tional Jeffersonian Democrats” to join] m. Burleigh Cou: event the) Ga) W termed| afternoon and evenii deter- | ¢ ine whether we hold to the Amer- | jowed by a dog ra system of government or wheth-| ; I would not trouble your excellence | er we shall sit idly by and allo ah (Rs | Idaho) who is an advocate of a “lib-| 5. m jeralized” G. O, P. and who is often | mentioned as a possible candidate for | ‘| the presidential nomination, tok the | ying’; » New | | York committeeman, sought to relax! and second place winners of ea’ }a rule under which states vhicn weut | oyent, See “ponus” of meanwhile, decided at a conference) throe extra delegates at the next con- in Somerville to apply to the court Of) vention. s went Republica Hilles group wanted to Kan committeeman, opposed thjs, and it | ketball tea: D. Telephone Man Is Given Promotion |chiscters 100, TNT and G 17.—(?)—The | House 0. announced transfer of | Bombers 59 to 41, the B: post in | Braves the Champions by 60 ‘azell of Aber-| ¢ manager for North | Tuesday are: Champions, Brave sult from the rei ident of the company to|Mounces that hur A. Lowman to suc-|to be made to the high Horace G.jnasium, the regular m Moines was elected a jis possitle that some of the rll was sent} will be held in the World War Mem- an- The He has been in| = me business since 1912. | an affiliate of operating ex-| in about 100 communities. 4,310,080 | Phone 85 Opening with a pet pa nter Sports through the g of Saturday, with a dramatic p.m. t annual event by George Carnivai will coi _j costume parade | Program for the fit SY! was announced Tue: is @/ Schaumberg, gen an, the| “The pet para ke a down- town route to be announced later by he parade committee and will be fol- 2:30 p. m. Racing contests for children in the t tol fifth grade and up will be started at Hauptmans be replaced by a Soclalistic state.)3 p, im. at the rink north of the high |honeycombed with waste and ex it |school building A free-for-all race ship |for high school pupils and adults will and ibe staged at 3:30 p. m. The after- noon program will come to a close ep." | with a treasure hunt, starting at 4 A torch parade from downtown to the sk ng rink will o| Dp 3 wed by a hockey ga day's p.m. Fancy and figure s |tests will be held between qui jot the hockey game. Prizes will be awarded to the fir The p: pres-'the Bismarck A. merce, is of skaters from county. all parts of the an in| went | Hospital Team Enters 29. | atest vated Republican in| Basketball Tournament bas- s|. The Bismarck h tered the 2 by defeating the combined |TNT and Power House quints by 18 Min- | to 2. Da-| The second bas between the Grey jto 4. Standings in basketball now are: ey Hount Swallows 33 1/3 and Power 166 2/3. com-|_ Im volleyball the Tig for |the New Dealers by 8 to 53 Standings in volleyball Trusters 75, Tiges ; ers and New Dealers 0. Mrs. Themar E. Simle, direct ses will co! ys. Due to repair +f and| during the holida that event, jorial building. In be made in S as- | nouncements will as- | Tribune. 's af-| ade at 1 p./ | Swallows, the former winning by 14 computed | == 3 MILLERS? ATTACK ON AAA IMPROPER SAYS: ATTORNEY IN COURT Chief Justice Hughes Quizzes Counsel for Complainants in High Tribunal Washington, Dec. 17.~()--Defend- ing the amended AAA act as consti- tutional, Assistant Attorney Genera! Frank J. Wideman insisted te the su- preme court Tuesday that Louisiana ‘rice millers attacking it had proceed- | ed improperly. | Instead of seeking an injunction against collection of processing taxes | trom them, he argued, they should | have paid the taxes and then sued for recovery if convinced the law violated | their rights. John P. Bullington, attorney for the eight millers, contended that injunc- | tion was necessary because the “gov~ | ernment can withdraw its consent to | be sued.” " Chief Justice Hughes asked if. the |iaw aid not provide that money re- | ccived by the collector of internal rev- | enue should go into the treasury and ‘that the United States would pay ‘Judgments against the collector. Bullington said the act so provided but the millers could not presume congress would appropriate sufficient money. Can this court impute to congress a refusal to make a refund?” asked Hughes. “Are we not bound to as- | sume that congress would appropriate | this money?” | “Perhaps you are,” the attorney re- | plied. — 2 Markets | © TRUSTS y the Associated Press) (Over the counter in New York) Maryland Fund 17.26; 18.66, Quart. Inc. Sh. 1.46; 1.60. Sel. Inc. Sh. 4.27; No. City and County i and Mrs. Alvin aBuer of Rua Sas a. m., Tuesday at the Bismarck hos- S| pital. as born to Mr. and Mrs, ey of Underwood at 9:50 nday at the Bismarck hos- | Callers at the county court house Monday included Miss Julia Rise, Driscoli; T. J. Asplund and H. E. Per- a Elmer McCullough, ; Adam Melhoff, and O. G, Arena; R. B. Graham, Mandan and Mrs. Bryan Coons, Mc- Kenzie. ND AT CLINIC Rochester, Minn., Dec. 17.—()—Dr. F, E. Townsend, pension advocate, ar- ived here Tuesday for a “regular ‘check-up” at the Mayo clinic. He nned to stay here two day HARRY HUTCHINGS DIES and Forks, N. D., Dec. 17.—(P}— Hut igs, 76, resident of East Forks 44 years died here Tues- er a brief illness. Farmers’ Cut Rate Meat Market 612 Broadway Phone 216 John G. Gussner, Prop. Ma- Wednesday § Fresh Frozen He per Ib. if] Fresh Frozen Pickei per Ib. ....... Fresh Frozen per Ib, . Spiced Hi jf per Ib. Smoked Herring, Weger theo: 21 eas 10c ' 3 Ibs. for 25¢ Veal Stew, || [renee 11 cares .24¢ 10c Sauerkraut, per quart Low driving. You Very liberal SN Seventh and Broadway NORTHLAN! GRE FIRST CLASS SERVICE Compare Greyhound fares with any others, or with the cost of enjoy comfort, convenience and freedom from travel worries. on every ticket. Frequent de- partures, skilled drivers, safe, warm buses. Bismarck Greyhound I JUST ONE door left -un- locked makes a thief’s en- trance easy—just one po- licy inadequately written or perhaps not written at all, makes an opening for loss to your property and busi- ness. For sound protection you re- quire insurance that is com- prehénsive — ask this Hart- ford agency to plan yours. MURPHY “The Man Who Knows Insurance” Bismarck | 218 Broadway FARES A save money and return privileges e the parents of a boy born at-9:15 °