The Bismarck Tribune Newspaper, January 16, 1936, Page 1

[see] THE BISMARCK TRIBUNE Snow probable to! rising temp. tonight! The Weather it and Friday; colder Priday STABLISHED 1873" BISMARCK, NORTH DAKOTA, THURSDAY, JANUARY 16, 1936 PRICE FIVE CENTS ‘Bruno Gets 90-Day Reprieve - §upreme Court Denies Writ WILL BE BASED ON | SOIL EROSION AND ~ CONSERVATION ACTS Fear Proposed Re-Adoption of AAA Principles May Be Invalidated VARIOUS GROUPS DISAGREE Farmers Union, Holding Out, Clamors for Cost of Pro- duction Program Washington, Jan. 16.—(7)— President Roosevelt, congressional leaders, and experts agreed Thursday on a substitute farm program for AAA under ex- isting soil erosion and soil con- servation laws. Washington, Jan. 16—(?)—The senate agriculture committee Thursday approved the McNary bill to authorize an appropriation of $300,000,000 te pay farmers on outstanding AAA contracts. The committee also approved a $60,- 000,000 seed lean bill. ‘Washington, Jan. 16.—()—A White Vestigators dug jammed speed Taylor Talk Never Sees Light of Day Minot, N. D., Jan. 16.—()—H. J. Taylor, Bismarck, was to have addressed the North Dakota Coun- ty Commissioners’ associetion ‘We ednesday representing the bu- reau of public roads. He didn't make any speech, but he did explain the reason why. If a man speaks as representa- tive of the bureau, he must first submit the manuscript to his chief in Washington and have it ap- proved, and then presumably he must stick to the manuscript. Taylor sent his manuscript to Washington last December, but when the hour came for his ap- pearance before the convention he still was without word from his chief. JAMMED INDICATOR FIRST CLUE 10 SHIP DISASTER'S CAUSE Ghouls Reported to Have Stripped Dead of Money in Pocketbooks Goodwin, Ark. Jan. 16-—(P—tn- |BOMBING SHIPS RAZE RED CROSS HOSPITAL Explosives Dropped From Italian Planes ;LAVAL’S DOWNFALL IS SEEN French, British Continue to Con- centrate Fleets in Medi- terranean Jan. 16.—(?)—Premier Laval of France was granted a vote of confidence, 315 to 252, by his chamber of deputies Thurs- day. The showdown was precipitated . by members of the dominant Rad- feal-Socialist party, who voted in caucus a condemnation of M. Laval’s policies. (By the Associated Press) Three Italian bombing planes de- sroyed a Red Cross unit headed by a British officer at Waldia on the northern Ethiopia front, an official communique from Addis Ababa. re- House conference of administration dicator Thursday from the muddy ported Thursday. and congressional leaders on the farm problem growing out of the supreme court’s invalidation of the AAA was called Thursday by President Roose- velt. Chairman Smith (Dem., 8. C.) sum- moned the senate agricul com- mittee to discuss the q prior to the downtown meeting. “My efforts will be for legislation ~ within. the constitution,” Smith said.’ Coincidentally flat predictions that the national. agricultural conference would “blow up” were heard among men high in its councils Thursday as the five major farm groups composing it met to discuss a substitute for AAA. Represent 3,000,000 I ‘These organizations, which leaders swamp where 17 persons died in the ;crash of a luxury airliner and thereby found their first clue to the cause of the nation’s worst plane travel disaster. The official inquiry, headed by Eugene L. Vidal, assistant secretary ‘ef commerce for aeronautics, must depend-on: mute evidence to fix the cause of “the Southerner’s” plunge None aboard the giant plane when it ripped down into the wooded Ark- ansas swainp was left alive. | ‘The pitifully torn bodies of the four | women, 12 men and a child were be- ing returned to their families Thurs- day while state rangers stood guard ‘over the twisted wreckage to prevent pedicle 3,000,000 a one The air speed indicator, 4 here for unified action to offset the; ®t 180 miles an hour—nearly three supreme court’s invalidation of AAA. Their session was superseded by Wallace's conference of 100; Secretary invited agriculturists who last week unanimously adopted principles for rewriting crop control on the basis of subsidized soil conservation. Since then a majority of the senate agricultural committee, following the lead of Senator Norris (Rep.-Neb.), have expressed fear that proposed re- adoption of AAA peinaipe might fall + in _a constitutional The National Grange immediately seized the opportunity to declare pub- licly for a “permanent and constitu- tional” national farm xport subsidies and tariffs to exclude the competition of foreign American markets. make conditional benefit payments to farmers who cooperated in a program of balanced . The National Grain corporation was reported in step with the government So far a conference holdout, the militant Farmers Union clamored for @ cost of production program. The American Agricultural Editors’ asso- ciation, completing the conference membership, had not announced its position as the meeting convened. BURGUM IS BOOMED: FOR GOVERNORSHIP Minister-Lawyer-Solon-Farmer of Jamestown Pushed by Fellow Democrats The name of Rev. L. R. Burgum of times the plane’s landing speed—was enigma as well as clue. , ‘With it, buried deep in the mud, ‘were found the ignition switches, which were on, and the switch con- trolling the landing lights. It was off. ‘The big twin-motored Douglas had ed at 180-190 and landed at 65-70. The unofficial theories on the trag- edy.were: 1, Shortly after the “all well” sent from 2,000 feet at 7:15 o'clock Tuesday ;night some mechanical trouble de- veloped swiftly. Pilot Jerry Marshall qt|came down and was heading for an open, water-covered rice field some +200 yards from the crash spot when {the ship was dragged down by the Mechanical Aids Failed 2. Through some unexplained fail- vo y, federal revenue officer stationed at Forrest City,- said that robbery of the victims started soon after the wreckage was discovered. He he saw an unidentified man seize what appeared to be a roll of bills from the pocket of one of the mangled passengers and flee. The discovery of empty pocketbooks on the ground was reported by other officers. 9 REPORTED DEAD IN _COLOMBIAN CRASH lombia, Jan. 16.—(P)— Nine including two women, were reported dead Thursday as the result of the jungle crash of a tri- motored plane in the Caqueta depart- ment of southern Colombia. Two jothers were believed seriously injured. Constitutionality of Tax Law Challenged | Fargo, N. D., Jan. 16.—(#)—A chal- lenge to the constitutionality of the North Dakota income tax law is in the making in the form of a contem- plated legal action to be filed perhaps @ top speed of about 200 miles, cruis- | Jamestown, progressive faction mem- | within the week, a story in the Fargo ber of the state house of - | Forum Thursday. stated. tives, was added Thursday in political) Precise nature of the proposed ac- circles to the growing list of possible | tion, together wtth the principals in- Democratic gubernatorial candidates. volved, was not announced, but the Burgum, pastor of the Methodist | story stated action would be based on church at Jamestown, is an ex-service- | the constitutional provision which de- man, a graduate of the University of |clares taxes must be uniform on the North Dakota. and was born and | same class property, that it would be reared on @ farm in McLean county.| contended by plaintiffs’ counsel that He also is a member of the state bar. tax on income is a tax on property. According to local Democrats the ry eo Stutsman county party organization: Tokyo-Berlin Military is adi his e, Figs “cicwmei incuae| Coalition Is Charged ‘Wood, ee poebesy administra-| Moscow, Jan. 16.—()—Coincident ,| With an announcement of an increase in the Soviet army, the government's i i French’ language newspaper, Journa) de asserted Thursday EINSTEIN BECOMING CITIZEN | Japanese and Germans have already emigrant from declared his in of becoming « citizen of the United States, completed a military coalition, or are about to do so. The Soviet Union. therefore, the newspaper maintained, can count for its defense only on its own forces Seven women and seven old men died in the aerial assault Tuesday morning, the government said, and 35 others were reported unhurt. Along the entire southern front more than 100,000 warriors rushed into fierce engagements in what was described at Rome as the “most im- portant” battle of the Italoe-Ethio- pian war. At Paris, Radical Socialists. ge- manded resignations of party ile: bers. holding cabinet positions, fore~ casting downfall of: Premier Pierre Laval's government and elimination of the peace advocate in approaching League of Nations war parlies. The air raid on the hospital, mid- way between Dessye, Emperor Haile Selassie’s field headquarters and Ma- kale, spearhead of the Italian drive in the north, resulted in destruction of half of the town by fire, the Ethio- pian report said. The Red Cross unit was established by Major Burgoyne at the request of the Ethiopian emperor after- Bur- goyne’s services as military instructor had been rejected. E 110,000 at Grips’ ! The battle along the southern front, which started Sunday, drew 50,000 native Dubats from Italian Somali- land into conflict against 60,000 Ethiopians under Ras Desta Demtu, the emperor's son-in-law. The Italian report described the de- fenders “in full retreat” after run- ning fights down the valleys of the Ganale Doria and the Dawa Parma. Stocked with provisions for three ,Months, French battleships, cruisers and destroyers steamed away from the Brest harbor for maneuvers off the northwestern coast of Morocco. The ships followed in the wake of 14 submarines which put out to sea Wednesday. British ships were con- Gregating off the coast of Spain. STATES WARNED 10 - STOCK UP WITH FOOD Continued Snow Plus Wind May Tie Up Roads, Highway Bureau States The snowfall over North Dakota ‘Thursday had become so heavy that at noon the state highway depart- ment announced it would be “im- Possible” to keep all highways open The department warned the people to prepare for “an emergency” in some sections in event of more snow or storms. “A good supply of groceries, fuel, clothing and feed for livestock should be kept on hand so there will be no suffering in case some of the high- ways are blocked for a long period.” the department stated. The federal weather bureau here said snow was quite general through: out the state Thursday morning Probable snow tonight and Friday ‘was predicted with rising temperatures in the east and south central por- tions and colder, in the west portion Friday. if Temperatures Thursday night drop- Ped to as low as -22 at Devils Lake OPERATED BY BRITON 14 Persons Reported Killed by! ~ Substitute Farm Program for AAA Agreed On His vaudeville tour nipped in the bud by objections to his capi- talizing the Lindbergh case, Dr. John F. Condon, the famous “Jaf- sie” who served as intermediary during ransom negotiations and payment, unexpectedly dashed aboard the S. 8. Santa Rita at New York for a vacation trip just as the New Jersey Court of Par- dons refused Bruno Hauptmann’s last plea for clemency. With Condon aboard ship is shown his daughter, Mrs. Myra Condon Hacker. Like Colonel Lindbergh, he will be absent from the United States if Hauptmann goes to the electric chair on January 17. Right: .Ob' we! down - by the seriousness of their duties, three members‘of the New Jersey ‘seed of Pardons are pictured as ey. glimbed the State House steps @ Trenton, N. J., to hear Bruno Hauptmann’s last plea, which was refused, for commuta- tation of his death sentence as the Lindbergh kidnaper. Left to right are Joseph A. Dear, Governor Har- old Hoffman and William D. Wolfskiel, SENATE WILL BEGIN ‘BABY BOND’ BONUS REVIEWING FRIDAY ne) Substitute Bill Would Pay Only| Cash Surrender Value of Certificates Washington, Jan. 16.—(?)—The sen- ate agreed Thursday to start consid- eration of the baby-bond bonus pay- ment bill Friday after Republican leader McNary had urged a day’s de- lay under the rules. Chairman Harrison (Dem., Miss.) U. S. Will Complete Tunnel at Fort Peck Snowslide Traps 15 in Train Coach] ASDARKNESS VEILS Avalanche Buries Car Near Summit of Sierras; Only Stay Automatically Extends His Lease On Life to 90 Days Governor’s Mercy Ordered for 30 Days But Ne- cessity for Re-Sentencing Gives Lindbergh Baby Kidnap-Killer 3 Months to Live Trenton, N. J., Jan. 16.—(AP)—Governor Hoff- man Thursday announced a reprieve for 30 days for Bruno Richard Hauptmann. The governor’s announcement read: “The attorney general and I have been in confer- ence on this matter and I have decided to announce a reprieve of 30 days. “We have agreed that this will not be challenged.” “It is my intention to grant only this one reprieve. There will be no further reprieve.” The governor added he was giving the reprieve “for diverse reasons known to me.” He said he considered it an act of “executive clem- ency” and that there would be no extension of the re- prieve “unless the evidence warranted it.” Immediately after the governor announced he had granted the reprieve, Attorney General David T. Wil- entz said Hauptmann, who was under sentence to die tomorrow night, would not die for at least three months because it would be necessary to re-sentence him. Washington, Jan. 16—(AP)—The supreme court Thurs. day denied Bruno Richard Hauptmann’s petition for a writ of habeas corpus. Apparently the only hope of the convicted kidnap-murderer of the Lindbergh baby for escape from the electric chair lies in a possible reprieve by Gov. Harold G. Hoffman of New Jersey. Hauptmann’s petition for a writ of habeas corpus and a stay of execution had been filed shortly after noon by his attorneys. The decision to deny the petition was agreed upon while the justices ate their lunch from 1 to 1:30 p. m. (CST). Chief Justice Hughes announced the verdict to a hushed audience as soon as three minutes late. Apparently the discussion the court convened at 1:33 p. m. (CST)— had extended overtime. The chief justice said merely that the petition for a writ of habeas corpus was denied. Court observers said that action in effect included the petition for a stay of execution. A petition for a writ of habeas corpus and a stay of execu- tion was presented in open court shortly after it met at noon. It contained, however, no mention of new evidence or a confes- sion but conformed rather to previous allegations put forward unsuccessfully in efforts to obtain a review of Hauptmann’s conviction. : “You may submit the papers,” was the only comment of Chief Justice Hughes. The motion was made by Neil Burkinshaw, one of Haupt- mann’s attorneys. “T ask leave of court to present an original petition fora writ of habeas corpus and a petition for a stay of judgment,” Lasts Only Few Seconds The entire proceedings lasted only a few seconds. he said. MILLION TERRIFIED TREMING NEW YORK of the finance committe sought floor consideration Friday. But McNary said “in all fairness” to members who have not read the bill and the com- mittee report submitted only late Wed- Washington, Jan. 16.—(#)—The gov- ernment Thursday will take over the work of completing construction of the diversion tunnel at the Fort Peck, Three Injured Subways, Elevators, Surgeons Are Hampered by Power Plant Breakdown Colfax, Calif., Jan. 16.—()—Fifteen. nesday, the full-payment measure should go over until Friday. The senate then agreed to Harri- son’s unanimous consent request that debate begin Friday. Offer Substitute Bill Senator King (Dem., Utah) intro- duced a substitute bill providing for payment now of only the cash sur- render or present value of the 20-year adjusted service (bonus) certificates which he estimated would save $1,000,- 000,000, A southern senator not wishing to be quoted by name said he himself (Continued on Page Two) Return of AAA Processing Taxes Ordered by Judge Chicago, Jan. 16—(4)—The return of AAA processing taxes which five Mont. reservoir. Silas Mason company and Walsh |Construction company, to construct the tunnel was announced by Genera) |B. M. Markham, army engineers chief, last week. It was estimated about a year’s work remained to be done. General Markham’s office said the contract was terminated after nego- tiations between the constructing companies and the government over payment for additional work had failed. For this purpose, an attorney rep- resenting E. E. Matteson, a Ladora, Termination of the contract of the| Chicago packing houses and one grain Processor put into escrow, while fight- ing the farm measure in court, was ordered Thursday by Federal Judge John P. Barnes. Carl Perkins, special attorney for the treasury, said he was unable to estimate how much of the $55,000,000 on deposit in Chicago was covered in Tanging upward to -3 at Bismarck and tose rapidly Thursday morning. Naval Parley Failure Stimulates | War Talk Wash: . Jan, 16.—()—Navy requests for new funds to build and modernize an war craft were foreseen Thursday in authoritative quarters as the capital studied the ef- fects of Japans departure from the London naval parley. Movements iv to bolster both army -an:i| produced the livestock was made in congress navy were reported underway. the ruling. Two of the so-called “big three” of the Chicago meat industry won re- funds of their millions—Armour and Co.; and Thomas E. Wilson and Co., the others were Oscar Mayer and Co., P. Brennan and Co., Miller and Hart and the B. A. Eckehart Milling com- pany. The millions piled up, on deposit after. the packers won temporary in- junctions some months ago restrain- Ta., farmer, and also representing Rice Brothers, a Chicago commission house, asked permission to file an in- tervening petition requiring the pack- ers to bring their books to court. The petition claimed that the pro- cessors did not bear the brunt’ of the processing taxes, but instead deducted them from the price paid to the farm- ers, The judge, however, declined to de- cide who actually was taxed, remark- ing that he could not “act as écon- omist.” “I don’t wish to get a lot of people thinking they will get something, when the won't.” he said. “I suppose, next, the man who bought the bacon will come to court claiming it was he who paid the ing the government from collecting. ‘An attempt to force the packers to disburse the money to farmers who taxes.” The judge said his ruling covered all the cases in his court and those before federal judge Philip J: Sulli- van, Tpursday’s hearing but failed. men, injured but safe, told Thursday | of escape from beneath an avalanche of snow which crushed a steel coach of @ transcontinental train near Don- ner Summit in the high Sierra moun- tains, Tons of snow, sodden with recent rains, plunged down a precipitous mountainside through snowsheds pro- tecting Southern Pacific tracks ana engulfed the third car from the rear of the train, the Pacific Mmited. Three men suffered serious chest injuries. They were J. C. Stevenson, H. R. Welter and A. G. Hayden, Sal: Lake City. No Warning “There was no warning of the slide,” said A. W. Sheppard, Salt Lake City. “It hit like a bullet. There was a tremendous crash, then pitch dark- ness. We were all knocked out. “I have no idea how long it was before I recovered consciousness, When I came.-to, it was pitch dark and I could only move a very little. “I said, ‘chief,’ referring to my boss, O. M. Seese, ‘are you all right?’ He said ‘yes.’ I looked around to sec where his voice came from and found I was sitting on his chest. Pulled to Safety “I guess it must have been about two hours when we heard what sounded like a thumping, and we all began yelling. A fellow came crawl- ing along a little passageway. He had @ flashlight and told us to follow him. We crawled out the passageway to the end door of the car and were pulled through a hole in the snow to freedom.” The injured men were treated by Dr. Edna Jackson Carver, Steamboat Springs, Nev., who was aboard the train, and were taken to Oakland. The wrecked car and the two be- hind it, undamaged, .were uncoupled. The train proceeded slowly, delayed by a second slide near Colfax, New York, Jan. 16.—(?)—Electrical experts worked feverishly Thursday to complete the repair of a mysterious power plant breakdown which in terrifying fashion plunged a million or more New Yorkers into darkness and crippled transportation facilities. Officials estimated 60,000 persons were caught in the dark labyrinth of one subway system when the power shut-off, at the height of Wednes- day night's rush hour, brought the underground cars to a standstill. All of Manhattan north of 59th 8t., and most of the Bronx, was affected. Lights in skyscrapers, homes and hos- pitals went off. Telephone service was shut down for a time. Traffic on the street levels and on other subway lines was demoralized. Elevators stopped between floors. Street lights were extinguished. Sur- geons completed operations by flash- light. The power trouble developed from @ short circuit in the Hell Gate sta- tion of the New York Edison coth- pany. There was a roar that shattered windows in the powerhouse and a blinding flash of sparks as the short circuit burned out the principal links in the operatmg equipment, Traffic Accidents in Cities Take Two Lives 8t. Paul, Jan. 16.—(#)—Traffic ac- cidents Wednesday in the Twin Cities killed two men, one crushed between street cars. Harry Anderson, 70, well- to-do Lakeville farmer, met death when trapped between two street cars in downtown Minneapolis. In his pockets the morgue keeper found $500 in cash and $12,000 in certificates of deposits. Walter H. Goodman, St Paul, was killed when another auto- mobile, skidding on street car rails, struck his car. Only favorable action by the sus preme court or a reprieve by Gov. Harold Hoffman of New Jersey seem- ed possible to save the Bronx care nter from the scheduled electrocu- tion. Court observers said, however, the justices seldom interfere in criminal cases at the last minute. They al- ready have refused to review Haupt- mann’s conviction. The petition presented by Burkin- shaw contended among other things that “in general the jurors were ex- to an overwhelming mob spirit during the entire duration of the trial both during and between sessions of the court, all of which was subver- sive of the right of the petitioner to 8 fair and impartial trial.” Charge Ladder Altered The state also was charged with failure to disclose to the court and jury “evidence known to the prose- cuting officers ... that the ladder was materially altered and changed between the time that it was first found and the time that it was in- troduced in evidence. . .” The petition, signed in Hauptmann’s own handwriting, said the first ran- som note was out of the possession of New Jersey officers “almost immedi ately after its receipt” by them. The attorneys said it was testified at the trial the note never had left possession of the officers. Letters between Hauptmann and Isidore Fisch, who died in Germany were said to have been “suppressed.” Produced Previously The petition did not claim these contentions had not been presented previously in court proceedings aimed at saving the life of Hauptmann. At Trenton simultaneously with an announcement by Gov. Harold G, Hoffman's press aide here that the governor had “no knowledge of any confession” in the Lindbergh case, it was stated in other high sources Thursday: “There has been @ come | fession, and it is by some one other than Bruno Richard Hauptmann.” It was understood that the governor shortly before noon was in conference with a public official in New York City. . Governor Hoffman’s press aide, Wil- liam Conklin, after saying the gover- nor had no knowledge of a confes- sion, added that the governor had as yet made no decision as to a reprieve. Studies Affidavit Before the governor also was a new affidavit by Samuel Small, profes- sional penman of New York, to the ef- fect that Hauptmann “could not pos- sibly have written” the ransom notes which were a great factor in the con- (Continued on Page Twa)