The Bismarck Tribune Newspaper, February 4, 1936, Page 1

q 4 | (22&2 | THE BISMARCK TRIBUNE The Weather Fair and slightly colder it; Wed- nesday fair ge Continued ‘cold. ESTABLISHED 1878 BISMARCK, NORTH DAKOTA, TUESDAY, FEBRUARY 4, 1936 PRICE FIVE CENTS AAAs Death Hailed As Tonic for Farm Olson Denies Wronging Liggett; Prosecution Rests AOCUSED GOVERNOR Se IME OP KING I NEVER WISHED FOE HARM, HE ASSERTS Charges Mrs. Liggett Incited ‘by Crafty, Politically- Minded Men’ SAYS HE CAN NAME THEM Declares Townley and Slain Ed- itor Hurled Impeachment Charges in 1934 made Monday by Mrs. Walter W. Liggett, Gov. Floyd B. Olson from his hospital suite here Tuesday told the Associated Press that “I never wronged Liggett in any way nor wished him any harm.” Testifying in the trial of Isadore (Kid Cann) Blumenfeld, for the kill- ing of her publisher-husband, Mrs Liggett said “Governor Olson’s gang ordered it or permitted it,” referring to the machine gun death of Liggett. In a sharply phrased statement, the governor, who is recovering from 3 stomach ailment following an ex- Ploratory operation, charged that “Mrs. Liggett has been incited by some crafty, politically-minded men to make various statements reflecting upon me.” “I can name the men if I am challenged,” he added. His Comment Governor Olson’s comment follows: “In her bereavement, Mrs. Walter Liggett is entitled to and nas the sympathy of everyone. But that does not give her the right to make false legislature scoff at the claim. What legislator supports it? Branded Pure Bunk gett who had no influence. “Since her husband’s murder, Mrs. I can name the men if I am chal- lenged. “For Mrs. Liggett I have only sym- pathy. If an act of mine could help her I would gladly perform it.” Tokyo Is Conciliatory Over Border Clashes ficial quarters indicated the protest to reach a border MARDA LIGGETT PETITIONS ASKING GRAND JURY PROBE IN CIRCULATION HERE Political Rumors Brand Move as Effort to Smear Wel- ford Administration iF i i | : i ells Z = | Eee dy discounted tion must number 10 per cent of the persons who voted for governor at the last election. In Burleigh county age dui A AG i | Synthetic Creation Of Radium Reported jum in the process of its decay into It was produced by Dr. J. J. Living- ite, who used a FIXED AT Sif P.M. IN COURT AGREEMENT Assassinated Editor’s Little Daughter Saw Two Men in Killer’s Car HER BROTHER NOT CALLED Zero Hour in Crusader’s Life Determined by Radio Broadcast Minneapolis, Feb. 4.—(#)—The state rested in the Walter Liggett murder trial Tuesday after Marda, 10-year-old daughter of the assas- | Sinated Midwest American publisher, gave the principal testimony for the | state. The prosecution’s plans of calling Wallace. Liggett, 12, the son, to the stand in the trial of Isadore (Kid Cann) Blumenfeld, charged with as- sassinating the publisher Dec. 9, last, were discarded when attorneys for both sides entered into a stipulation fixing the time of the killing at 5:41 p.m, The little girl answered four ques- tions and was excused without any cross examination. She testified she was the daughter of Edith Liggett and that she was in the automobile with her father and last, when “You saw how many men were in the car?” Fred Pike, in charge of the Prosecution asked. “I think it was two,” Marda replied “You saw that number of men in the front seat?” Pike questioned. “Yes.” .: " Her brother, Wallace, 12, also walt- ed a call to take the witness stand. ay pending arrival of a witness from | Chicago. Marda was placed on the stand af- ter defense counsel, in cross examin- ing Mrs. Liggett had endeavored to she was not certain whether the sat in the rear or front seat assassin’s car. Tell About Broadcast e next three witnesses for the testified about a radio zr be the | Wallace Liggett, from whom the state will attempt to gain an accurate ac- ~~ of the exact time when Liggett led. E. J. Eckhart, Maywood, Ill, a Chi- cago suburb, identified the script and electrical transcription of a radio pro- gram and Leslie Daniels, Jr, Oak Park, Iil., also a Chicago suburb, tes- tified concerning the mechanics of radio program production. Daniels is an advertising man and Eckhart a sound engineer. It was this program that Wallace Liggett was supposed to have been listening to when he heard the shots which killed his father. fal Minneapolis radio station execu- ve. Questioning of Titus was discon- tinued when counsel for both sides entered into a stipulation fixing the time of Liggett’s assassination at 5:41 P. m. Dec. 9. This stipulation obviat- ed the necessity for placing Wallace Liggett on the stand and Pike said the boy would not be called. Corroborates Son Louis Andersch, wealthy father of ‘Wesley, 36-year-old mechanic who testified he saw Kid Cann holding s machine gun in the assassin’s auto- mobile, was one of the last witnesses Monday. The elder Andersch corroborated his son’s testimony, explaining Wes- ley told him he knew the slayer. “Who did he say?” asked Fred Pike. assistant state’s attorney general, in charge of the prosecution. ‘Kid Cann, He Says “Kid Cann,” responded Louis An- dersch. He spoke loudly in a hushed courtroom, emphasizing each syllable and pausing dramatically between each word. Los Angeles Bans Hegira of Jobless BI Los Angeles, Feb. 4.—(?)—Po- lice Chief James E. Davis’ “for- eign legion” threw a barricade against the footloose uneniployed around California's widely pla- carded “promised land” Tuesday despite the protests of state offi- clals. In Los Angeles police uniforms —guns an all—136 patrolmen blocked every highway and rail- entrance to the state from Ore- gon, Nevada and Arizona. Chief Davis ordered taken into technical custody” all persons who have “on definite purpose” for en- tering the state. He called it “a determined endeavor to keep our unemployment and crime condi- tions to a minimum.” Sues to ‘Switch’ AAA Refund Processors throughout the United States who expect to get back more than $150,000,000 in AAA taxes, may be balked by a suit filed by Alfred Eades, Evansville, Ind., baker, above. Eades claims that the processing taxes were passed on to bakers by the mill- ers and hence the bakers, and not the processors, are entitled to recover. DUNSEITH MAN HELD FOR MURDER CHARG Glenn Miller, 22, Arrested in Washington; Believed Girl's Death Is Cause Mount Vernon, Wash: Feb: 4-—()— Glenn Miller, 22, Dunseith, N. D., was held in the county jail awaiting the expected arrival Tuesday of author- ities from Cando, N. D., who teie- graphed they wanted him on a charge of second degree murder. Miller was arrested at Monday night. Deputy Sherift Les Finsen said he indicated he would not fight extradition. Miller had been living in Anacortes for three months with former ac- quaintances from North Dakota. him he left home when he had trou- ble with relatives. He also said. Fin- sen said, that his mother had inform- ed him by letter a girl with whom he had kept company, an expectant mother, had died from an operation. “Just before she died,” Finsen quoted Miller as saying, “she men- the reason they have charged me with second degree murder.” Miller's parents operate a restaur- ant at Dunseith. Morton Man Beaten By Boys With Clubs to are alleged to have walked their victim with clubs, severely while his terri- and severe cuts about the head and face. The cause of the grudge which ac- tivated the youths was not disclosed. Officer Finsen said Miller” told Pl tioned my name, and that must %2/ Carl Graf, farmer living south of | according Sheriff Robert | ft home- ee Oe tem 'Monday with a vote of 17 to 6. wife looked on. Graf, unable to| Introduction ‘@ fractured jaw, dislocated | (F.-L., Minn.), of a measure permit- CONGRESS HUSTLES |Court Sets Aside _N.D. Railway Tax THREE FARM PLANS TO AAA'S CEMETERY President Requests Repeal of Cotton, Tobacco and Potato Control Acts READY FOR NEW PROGRAM Conservation-Subsidy Measure Approved by House Com- mittee, 17 to 6 Washington Feb. 4.—()—Speedily heeding President Roosevelt’s request, the senate Tuesday adopted a brief bill repealing the Bankhead Cotton Control act, the Kerr-Smith Tobacco Control act and the Potato Control act. The house has yet to act. The action was taken without a dis- senting vote and with barely two dozen senators on the floor. Chairman Smith (Dem. S. C.) of the senate agriculture committee ex- plained that his bill proposed to repeal the trio of measures upset by the su- Preme court's invalidation of the AAA and it went through in less than a otal after it was presented on the jor. Defer Floor Consideration Earlier, the senate agriculture com- mittee decided to defer floor consider- ation of the Bankhead soil conserva- tion-subsidy bill antil the committee studies changes made in a similar measure by the hi agriculture committee. The senate committee also approved the bill authorizing a sliding scale ap- jpropriation for vocational education lin the states and terrritories until 1941 when the annual appropriation for this purpose would be $6,000,000. Sean rin canes Caran 13, Broadening of the objectives to in- clude expansion of foreign and domes- tic markets and disposition of sur- juses, Transfer from the two-year tem- porary subsidy section to the perman- ent state-aid provisions of policy aims directed at maintenance of a stable flow of farm commodities at prices fair to both producers and consumers, and reestablishment and maintenance of farm purchasing power. Authorization for expenditures to eradicate tuberculosis among dairy | cattle. Authority to use state and local committees in administering both the sent to conference by the senate to adjust differences with the house. The | sald. senate bill would authorize a $60,- tion; the house cut (Loans are lens on the crop). On the house floor was the Jones soil conservation-subsidy bill to pro- vide a two-year substitute for AAA. This came out of Jones’ committee Other farm developments included: by Senator Benson ting farmers and consumers to sue in federal court for recovery of the $200,000,000 in impounded processing taxes, refunded to processors. Subzero Weather Whips Over U. S./* St. Paul, Feb. 4—(7)—A bliz- Chicago, Feb. 4—(#)—The arctic lashed a double blast of sero chill across the face of the nation Tuesday as flood waters swirled over the banks of snow-swollen streams in the south. A 4-mile wind whipped suffering | an 4nd destruction over the Great Lakes Whirling # 25 to 40 degree temper- ature drop before it this raw com-! bine of winter piled up snowdrifts to block highways and railroads in the west, coated roads with ice from the to the Atlantic, The new cold wave, the weather- would last “indefinitely.” a 16 brought new. threats to an al- e ready acute coal shortage in a half dozen states, but promised to freeze up, southern streams which were flooding the countryside. Freezing weather struck the Gulf states early Tuesday, pulling temper- atures as low as 8 degrees at Amaril- lo, Tex., and by Wednesday was ex- pected to choke Alabama and Mis- sissippi streams swollen by heavy ains. rr The cold would bring suffering, depth of four feet in some Cheated Dillinger; Couldn’t Beat Gas Sioux Falls, 8. D., Feb. 4.—Hale Keith, 33, Sioux Falls policeman, died Tuesday, the second victim of carbon monoxide gas that fil- tered through his automobile Sunday, taking the life of Naomi Volsch, 17-year-old high school senior. Keith escaped death in March 1934, when he was shot and critically wounded by “Baby Face” Nelson during the spectacular daylight holdup of the Security National Bank here by the Dil- linger gang. HOPTON STATEMENT SAYS HERO WORSHIP IS NOT FOR LEAGUE Insurance Chief Says He Will Take No Stand on Governor- ship Quarrel Now Harold Hopton, state insurance com- missioner, today rapped “hero wor- ship” in the ranks of the Nonpartisan League, and declared he would take no stand in support of any candidate until after action of the organization's convention, March 3. “I believe it to be in violation of the principles of the Nonpartisan League for anyone to announce himself as a candidate for any office previous to the action of the members of the or- ganization in convention,” he said in a statement. Asserting that “unauthorized claims,” had been made relative to his political stand for or against any in- dividual for the office of governor, Hopton declared he “believed in the fundamental policy of members of the Nonpartisan League in choosing or drafting their candidates for the var- tous offices.” Scores Conservatives “An attempt is being made by the ‘Conservatives to encourage a division within our ranks,” he said. “I believe the Nonpartisan League is bigger than individuals—there should be no hero worship on the part of the League.” “No member of the insurance de- partment has been authorized or has, to my. knowledge, attempted to inter- fere in forming the opinions of the respective members and none will be exercised or any stand taken until after the convention March 3.” Hop- ‘Questioned regarding his regart own can- didacy, Hopton said he would be a candidate “at the will of the members of the organization. “However, if it is found undue in- fluence or under-handed methods are exercised by individuals to poison minds against one or all of the pres- ent officials, I shall do my utmost to expose these wrongful tactics,” he Asks Rank and File Rule Hopton, regarded as one of the key men in the impending fight for con- trol of the Nonpartisan League be- tween friends of Governor Walter Welford and William Langer, em- phasized that he is willing to be a can- didate for office “at the will of the members of the organization, £0 0K as the organization is run by the and file.” Taking a fling at conservatives, both and Democrat, Hopton said he would feel free to retire from the League “if and when the Nonpart- isan League cumes under the control of office seekers or the conservative element within our state.” Hopton said his statement, sent out to county chairmen and others in the League, was made because “individ- uals, within and without the organi- zation” had, by their efforts to obtain endorsements for various offices, made it advisable for him to declare his TVA Decision Delay Is Hint of Controversy Washington, Feb. 4—(?)—The su- preme court’s delay in announcing a decision on the Tennessee Valley act produced speculation Tuesday that a lively controversy has been raging within the tribunal. Some circles believe Justices Suth- erland and Stone were preparing con- Nlicting ns on the act’s con- stitutionality, for delivery next Mon- day. Even if the guess was correct, the question of which one was writing Places, highways were washed out, and trains|the majority opinion still remained were delayed. Near Maylene, Ala., s Southern unmasked. Sutherland usually lines up with the “conservatives” and Stone with the “Liberals.” "|Plan Court Appeal On Gambling Charge 1933 Assessment Against G. N. Held Grossly Excessive by High Tribunal Washington, Feb. 4—(#)—A United States supreme court verdict, taking into account the “enormous decline of value” in view of the depression, Tuesday led North Dakota to the task of lopping $10,000,000 off the Great Northern railway’s tax assessment. In its 6-to 3 decision, the court or- dered the federal district court for North Dakota to enjoin the state from collecting taxes on more than $68,832,888 as against the originally assessed value of $78,832,888. This was for 1933. “Judicial notice,” the majority opinion held, “must be taken of the fact that late in 1929 there occurred a great collapse in values of all classes of property—railroads, other utilities, commodities and securities, and that the depression then commenced prog- ressively became greater. Cite Due Process Act “Failure to consider the enormous diminution in value of petitioners’ property caused by the 1929 collapse and the process of the depression is, within the pinciples of our decisions, the equivalent in law of intention to make a grossly excessive assessment for 1933 in disregard of petitioners rights under the due process clause ot the 14th amendment. “In making assessments in that pe- riod, the board (state board of equal- ization) was bound to take into ac- count and give due weight to the sud- den, progressive and enormous de- clines of value.” The dissenting opinion of Justices Cardozo, Brandeis and Stone said: “The feature of the decision which is especially a matter of concern is that for the first time this court is setting aside a tax as a violation of the 14th amendment on the ground that the assessment on which it is computed is-too- high, without -any showing that the assessment is dis- criminatory or that petitioners is in any way bearing an undue share of the tax burden imposed on all property owners in the state. Taxpaying Comparison “If overvaluation, even though gross or intention, were, without more, held to infringe the 14th amendment, every taxpayer would be at liberty to ask the federal courts to review a state tax assessment upon the bare (Continued on Page Two) JAMES R. STEWART OF DICKINSON DEAD Veteran Northern Pacific Work- er Participated in Buffalo Hunts in '80s Dickinson, N. D. Feb. 4.—(7)— Funeral services will be held Wednes- day for James R. Stewart of Dickin- son, 8I, who participated in one of: the Jast buffalo hunting expeditions organized in this district in 1882. Stewart died at a hospital here Monday. Services will be in charge of the local Odd Fellows lodge with Rev. Edgar Winn, Congregational church pastor, and Rev. Charles W. Langdon, past grand chaplain of the Odd Fel- lows, officiating. He was a veteran employe of the Northern Pacific railroad, and lived for many years at Brainerd, Minn. He retired in 1925, winning special com- mendation from railroad officials at St. Paul. In addition to holding all local lodge offices during his membership, he was president of the City Cemetery asso- ciation at the time of death, and a former city alderman. His widow, three daughters and one son survive. The son is Clyde J. Stew- art of St. Paul. Burglaries Admitted By Four Flasher Boys Four Flasher boys pleaded guilty to burglary charges when arraigned be- fore Judge H. L. Berry in Morton county district court Monday, They were to be sentenced sometime Tues- day. The quartet admitted breaking into the Flasher Drug store and the Stev- enson Beer Parlor at Flasher. At the drug store they obtained $30 in cash and some cigarettes. The boys are Walter Anderson, Edward Jarvis, Everett Moor and Thomas Thompson. Nine Steel Companies Emerging from ‘Red’ Cleveland, Feb. 4.—(?)—The maga- zine Steel said Tuesday the first nine companies of the blast furnace, steel mill and rolling mill category to re- Minot, N. D., Feb. 5.—Ed P. Ehr,|port their earnings for 1935 showed an local hotel proprietor, will appeal a!aggregate net profit of $32,151,840.: trate C. B. | panies, in 1934, piled up a deficit of ruling by Davis that pin ball machines are gambling devices. Ehr was fined $5 and costs of $5 on the charge. He will be represented on the appeal by At- maximum drop/torneys Ben Jacobson of Minot and The publication said the same com- $14,147,710. CORNHUSKERS WIN Lincoln, Neb. Feb, 4.—(#)—The Scott Cameron, Bismarck. The ques-| University of Nebraska basketbali tion to be decided is whether ony team Monday night overwhelmed the machines are games of chance or of | University of South Dakota, 48-27, in intercollegiate game. skill, v ‘COUNTRY HAS GONE REGULATION MAD? CONAWAY ASSERTS Grain Chief Believes Agriculture Will Be Stimulated by Court Act SAYS BUSINESS IS MENDING Views Only Obstacle to Recov- ery as Crushing Tax Burs den Due to Relief Predicting that agriculture will re- cover more rapidly since the nullifi- cation of the AAA by the supreme court, President C. H. Conaway of Starkweather in the opening address on the North Dakota ‘grain dealers convention program said that one of the obstacles in the way of business has been “that this country has gone regulation mad.” Charging over-regulation, Conaway said that “government might be made simple once more if we could con- vince our officials that it is highly improper to peep over the transom of every home in the land.” Conaway compared the agricultural outlook to the situation in business following the invalidation of the NRA. Business activity was stimulated by the removal of the tentacles that bound it, he said, asking if it was too much to hope that agriculture would respond in the same measure. He criticized the regimentation of the farmer charging that all similar schemes had been “canned and stacked away. When the fruit of the farmers program becomes frosted, they open up another can,” he said. Business ‘On the Mend’ Expressing a personal conviction that business is “on the mend,” Con- away said the only serious obstacle to full recovery is the necessity for bearing a crushing tax burden, brought on by temporary measures of relief which leave us with a national and local debt unsurpassed in our history. Avowedly not mixing in politics, Conaway said that “a political party is not responsible for our recent troubles or for our present optimistic viewpoint and reality. We have been throwing entirely too much mud at one another,” he stated. Pointing out the principles of the association's Conaway said that “industry is, and of right ought to be, interested in the welfare of agriculture.” Selfish motives and per- sonal strife often becloud the issue, he asserted, but in the last analysis, the principles of all of the warring factions are identical, that of striving to make the farm home and that of the pay dweller better places in which to live. Conaway’s speech followed an ad- dress of welcome by Mayor A. P. Len- hart. R. F. Gunkelman of Fargo presided at a general round table dis- cussion of common problems of the grainmen and the morning session closed with the appointment of stand- ing committees, Higgins, Morris Speak Milton K. Higgins, assistant attor- ney general, spoke in the afternoon on the program of the workmen’s compensation bureau after which C. D. Morris of the Milwaukee Railway Co., talked. Another general discus- sion period followed. Tonight the delegates will be guests at a banquet honoring the first board of directors of the Farmers’ Grain Dealers association. George F. Sna- fer, former governor, will be the main speaker. The dinner will start at 6:30 p. m., at the small gymnasium of the World War Memorial building. ‘Tuesday's program will open at 9 a. m,, at the city auditorium. Principal talks during the day will be given by Colonel Henry of Washington, assist- ant to the president of the American Association of Railways; C. W. Mc- Donnell of the board of railroad com- missioners; E. J. Grimes of Minnee apolis, member of the committee on national affairs; B. E. Groom of Far- go, Greater North Dakota association representative; and E. M. Gillig and E. W. Norcross, both of the State Col- lege extension department. Publish Convention Paper An innovation was publication Tuesday of “The Thresher” a conven- tion newspaper which advised visitors of the convention program and re- tailed gossip about some of the well- known members. It mentions the fact that 67 business firms, including prac- tically all members of the Chamber of Commerce at Minneapolis, have contributed to the entertainment fund. Included in the list are 18 North Dakota establishments, includ- ing six from Bismarck. 127,521,000 Persons in U. S., Bureau Guesses Washington, Feb. 4.—(#)~-The 1935 population of the United States Tues- day was officially estimated by the census bureau at 127,521,000. The new figure represented a gain of 0.71 per cent from 1934, and of 4 per cent from 1930 when the last actual census was taken. PROPOSE MINE ROADS Butte, Mont., Feb. 4—(7)}-——-A mil- lion dollar “mine road” to facilitate the marketing of ore from a hundred mining districts over the state was urged Monday by officers of the Mining Association of Montana. , N. D., Feb. 4.—(#)—George 79, veteran chef, died here, “y u Minot, (Beatty,