The Bismarck Tribune Newspaper, February 10, 1936, Page 1

ESTABLISHED 1873 THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, MONDAY, FEBRUARY 10, 1936 The Weather Somewhat unsettled tonight and Tuesda: id. 'y; continued col PRICE FIVE CENTS Welford Orders Hail Insurance Probe Bismarck Warehouse Destroyed in Spectacu ~ SURFERS DAMAGE OF $25,000 ON SUNDAY Firemen Almost Helpless as 26 Degree Below Weather Hampers Their Work CHRISTANKO’S FEET FROZEN 40-Year-Old Structure Burns Quickly; Other Buildings Nearby Saved Peter Christanko, local fireman, was taken to the hospital Monday with two severely frozen feet, an aftermath of the $25,000 fire which early Sunday morning destroyed one warehouse and the offices of the Dacotah Seed com- 4 pany at Ninth St. and Main Ave. Christanko, one of the 13 firemen who braved the 26 ‘below-zero weather to fight the blaze for several hours, is not in danger of losing the damaged. The intense cold added to the dif- ficulty of fighting the flames, although Fire Chief Hamro said he doubted if they could have been halted no matter what the weather. The regular crew of five firemen was supplemented by eight others, hired immediately by Hamro so that the men might work in relays and keep from being frozen as m' possible. In addition to injuries other members of the ment suffered frostbite After getting trol early Sunday morning, most the firemen returned home but a ot four men was left on the make sure the fire did not start up again and get out of hand. They still were there Monday mae » watch- fire out completely because of the sheathing of ice. Because nearby Traced One Pound Baby | a LOUISIANA’S TAX ON NEWSPAPERS HELD UNCONSTITUTIONAL Free~-Press™ Abridgéemerit’ Can Not Be Viewed Except With Concern, Says Court Washington, Feb. 10.—(?)— A Louis jana law passed at the behest of the late Senator Huey P. Long, taxing newspaper and other advertising. was killed by the supreme court Monday as an unconstitutional restraint upon the freedom of the press. “This seems to be a device to limit & free press,” declared Justice Suther- Pe in the court’s unanimous di cis} “Suppression or abridgemen’ |./of a free press can not be viewed ex- J. P. Schmidt, president and man- ager of the firm, Monday had set up an office in the J, I. Case company’s building across the street from the ruined property and was preparing to carry on the business of the firm 4 from there. His office will be at the Case plant until further notice, he said, Expect to Rebuild Schmidt was unable to announce definite plans for the future but said the company undoubtedly will remain in business and probably will con- the site of | unconstitutional cept with concern.” He said an “informed an enlightened opinion” has been at stake through- out history and that restraints on newspapers plainly were prohibited by the 14th amendment to the constitu- tion, The Louisiana law, passed in 1934 when Long dominated the state’s pol- ities, taxed newspapers, magazine ant motion picture advertisements. It imposed a 2 per cent gross re- ceipts tax on advertisements in pub- cations with a weekly circulation of} 20,000 or more. A three-judge federal district court in Louisiana had held the legislation and enjoined the *|state from enforcing it. I f i BE Eg Hi 5 EE EE z 4 F Ef iE e i i LH Be z i E i E i i E i i E a2 5 i tek “ Thirteen newspapers challenging the legislation claimed it violated “freedom of the ” and was in- tended to punish them for opposing the Long political forces, Mrs. Long Sworn in As Senate Member Washington, Feb. 10.—(?)—Mrs Rose McConnell Long of Louisiana, appointed to serve the unexpired term of her late husband, Huey P. Long. was sworn in Monday as the second sitting woman member of the senate. Senator Hattie Caraway of Arkansas was the first woman elected to the senate, N. D. PIONEER DEAD Park River, N. D., Feb. 10—(?)}— services for Alexander R. Gil- lespie, 70, who died Friday night. take Place Tuesday. Surviving Gillespie. who came here Cedarville, Ont., in 1881, are six daughters, among them were Mrs. J. E. Lloyd of Fessenden, and two sons. 7 Boys, Cast Away on Ice Floes for 18 Hours, Saved . guardsmen pushed floating ice to the g5R 2 88 fr a i y nt 18g Bid & 7 brought back to the ice. by Clerk Prosecution Prepares to Show Discrepancies in Defense Witnesses’ Stories Minneapolis, Feb. 10—P)—A 23- OVER FESS~BORAH WORDS’ EXCHANGE Idaho Senator Challenges Ohio Man to Announce Who He Favors as Candidate DENIES HE IS FOR HOOVER Coughlin Comes to New Deal Aid Scoffing at Nation's Inflation Fears Washington, Feb. 10.—(?)—The tilt between Senator Borah (Rep., Ida.) and Simeon D. Fess, former Republi- can senator for Ohio, continued Mon- day, affording Democratic leaders no 8) small measure of delight. fellow who will drive you downtown. Mr. Cann wanted to go to the St. An- thony Motor company and I drove him over there.” “How long did it take you to drive there?” Thomas McMeekin, counsel for the Kid a former bootlegger, asked “It took about three minutes. We he the plant about 7% minutes after ive.” The witness told how Cann haa picked up an automobile heater at the liquor plant, and, upon arriving at the motor car company, got out of the |ear and took the heater with him. Estimates. Time +, “In. your.judgment.chow. Jong .was the defendant gone:from the car when. you stopped at the motor car com- y? n or fifteen minutes.” ‘That would make it about 5:25 p. m. when he returned’ Meekin inquired. “Approximately.” “Where did you go then?” “We drove to the Minneapolis Liquor mart. It took about six min- utes. We arrived there about 5:30 and the defendant got out. I went right back to the plant with the car.” The witness said he had been ques- tioned “two or three times” by police and the county attorney's office since (Continuen on Page Four) PIONEER WOMAN OF HEBRON AREA DIES Mrs. Regina DelaBarre Suc- cumbs to Kidney Ailment After Long Iliness Mrs, Regina DelaBarre, 62, wife of Fred DelaBarrc, farmer living south: hospital at 4:50 a. m., Sunday of a kidney ailment. She had been ill for some time and was brought to the hospital two weeks ago. Born in Russia, the daughter of Mr. and Mrs, Jchn Dittus, pioneers of western Morton county, Mrs. Dela- Barre came to this country with her parents at the age of 10 years and @ short time later settled in the Mis- souri Slope country. She was mar- ried in 1893 and continued to make her home in Morton county until her fatal illness. In addition to her husband she leaves eight children, Alvin and Edwin at home; William, at Hebron; Charles and Ben, living south of Hebron; John, Stockton, Calif.; Herbert, Fort Peck, Mont., and Mrs. Martin Klick, Helena, Mont. Funeral services will be held at the German Congregational church south The latest development was a statement, published Monday, in which Fess again implied that Borah had New Deal leanings. The man chosen for the Republican nomination must be one, he said, who had sup- ported “more Republican measures than Democratic measures.” Borah, hearing that Fess had threatened to “take a walk” if the Ida- hoan won the presidential nomination, had challenged Fess to say what can- didate he stood for and whether he favored the “old deal.” Democrats Silent Democratic leaders maintained si- lence on the feud, but it was no se- cret that they were happy over it. Since Alfred E. Smith threatened to “take a walk” if the New Deal were endorsed by the Democratic conven- tion they have been hoping for sim- ilar signs of schism in the Republican ranks, The Borah-Fess argument was gen- erally considered symbolic of Borah’s differences with what he calls the “old guard.” Republican leaders in Ohio had planned to send an un- pledged or “favorite son” delegation to the national convention, but ob- servers believed“ Borat's enter that state in quest of delegates would spell ‘abandonment of these plans. Borah, in a statement Saturday, at- tacked the “favorite son” or unpledged delegation plan and called for “open, candid” declarations by candidates for delegates as to their presidentiai choice. He said he understood Fess was for Herbert Hoover and chal- lenged him to say 50. Has No Apology Fess denied this, but said he could be for Hoover without “having to make an apology.” Fess outlined his ideas as to quall- fications for a good nominee. “He must stand for the open door of opportunity for industry as against planned economy,” he declared. “He must stand for private industry as against government competition in all industry. He must stand for sound money of a stabilized value as against the managed currency folly of irre- deemable paper... .” The former senator's stand fo- “gound money” was paralleled by a statement from Republican chairman Henry P. Fletcher, who discussed what he termed “the evil influences of threatened inflation,” and attacked the administration’s fiscal policy. Defines Sound Money Father Charles E. Coughlin, Detroit radio priest, devoted himself to the money question in his broadcast Sun- day, declaring “sound money must be government money.” “Today we are suffering from de- flation,” he said, “not inflation, and we must put up with this nonsense about inflation.” Purther repercussions of Alfred E. Smith’s Liberty league speech came from Albany, N. Y¥., where the Knick- erbocker Press quoted Senator Pope (Dem., Idaho) as saying the speech “most unfortunate.” Coincidentally San Francisco county Republicans in- vited “Al Smith Democrats and anti- New Deal Democrats” to join them at I s Ethiopia War tal Set at 844 Men of Hebron at a time which has not|psepers west of Glen Ullin, died in a loci yet been determined. Flow of AAA Benefit Checks Expected Soon Washington, Feb. 10—(#)—The flow of AAA benefit checks to farmers may be started again this week. An- ticipating an early signature by Pres- ident Roosevelt of the deficiency ap- Propriations bill, including $296,185,- 000 to complete payment to farmers for compliance with adjustment con- tracts up to the supreme court in- validation of AAA, the farm admin- Kills One of Every 5 De Janeiro, Feb. 10.—(P)—Dis- Belem indicated Mon- ACTS HELD INVALID BY SUPREME COURT 1935 Law Held Unconstitution- al Because of Arbitrary Discriminations REVERSE BURLEIGH RULING Wholesalers Operating Own Trucks Released From Board Regulation North Dakota's so-called “shipper- owner” laws, passed by the 1935 legis- lature, Monday were declared uncon- jstitutional and inoperative from a reg- ulation standpoint by the state su- preme court. Affected were Chapter 181 of the 1935 session laws, defining commer- cial freighting, which the court held to be unconstitutional, because of “ar- bitrary discriminations” contained in ind Chapter 179 of the same defining auto transport- ation companies which the court held to be inoperative from a regulation standpoint because it presumed to re- vive a 1931 enactment repealed by the 1933 legislature. By its decision, wholesale houses among other businesses of the state, operating their own trucks in deliver- ing merchandise throughout the state are released from regulation of the state board of railroad commissioners. legal interpreters said. Defined Carriers Chapter 181 included in its defini- tions, “any individual ... company or corporation ... operating over high- ways of the state in transporting goods from one point to another for themselves or others where the price of said merchandise at its point of destination includes the cost of trans- portation or when @ separate charge is ;made for said transportation.” “sing chapter 181 to be-uriconsti~ tutional, the court also held subdivi~ sion E, of secton 1 of chapter 161 of the 1933 session laws to be in “full force and effect.” This law contains none of the s0o- called “shipper-owner” definitions, but regulates only those shipping for hire. Justice James Morris wrote the decision, concurred in by three regu- lar members of the bench, and Dis- trict Judge Daniel B. Holt, who act- ed in place of Chief Justice John Burke, who disqualified himself, Jus- (Continued on Page Four) MRS. DENNIS TOBIN 1S DEAD AT MANDAN Resident of Slope Area Since 1884 Succumbs After Long Iliness Mrs. Dennis Tobin, 78, pioneer North Dakotan, died in Mandan Man- day, following a 10-year illness. She had been bed-ridden 10 years and previously was confined to a wheel chair from inflammatory rheumatism. Her husband, present member of the Mandan city commission, came to Mandan in 1884, from Megantic, Que. She followed three years later. Born in Edinburgh, Scotland, Jan. 5, 1858, she came to Canada with her parents when five years old, and was married Dec. 16, 1880, at Lake Megan- tic. She often recalled the Indian scare f rf ae & Icy Cold Cripples Nation’s Midwest c+. ses siete: se Scores Feared Dead as Storm Wreaks Havoc Over Wide Area of U. S. Towering snow drifts and glacial cold crippled much of the mid-con- tinent Monday as searchers for two fishermen and a coast guardsman ex- pressed grave fear that the three had MGR ee en gale. With a strong wind breaking the ice floes into pieces, fellow coast guards- men said hope that Earl Cunning- ham and the fishermen, Beardsley, 45, and Clayton Brown, 22, would be found was “remote,” ac- cording to the Associated Press. Continued cold was forecast for North Dakota as the extended sub- zero spell reached 31 days, only two days short of an all-time record. As snowplows worked to clear drifted highways, the cold area shifted from eastern to western North Dakota with Dickinson recording a minimum of 35 — below sero and Bismarck a -%. Except for short pleces of roads passable in the western part, all roads in the state were reported to be either blocked or “very heavy.” . Isolated ranchers in South Dakota burned fence posts and hay to keep warm, while city residents in snow- bound areas in Minnesota, North Da- kota and Wisconsin rationed coal against the sub-zero cold. The longest and bitterest cold spell of many years—perhaps of the cen- tury—clung on relentlessly as winter pushed the zero front as far south @s extreme southern Missouri and east to New York, A rancher froze to death in his corral near Phillip, 8. D., and a mo- torist was found dead on the porch of @ summer home north of Chicago. Throughout Illinois, Wisconsin and Towa snow plows dug out snow plows. State highway crews over the week- (Continued on Page Four) STATE LOMSERNEN CONVERGE ON CITY Building Firms Completing 41 Exhibits for Bismarck Housing Show Bismarck’s World War Memorial building hummed with activity Mon- day as building equipment and home furnishing firms put finishing touches on 41 exhibits for the Bismarck Hous- ing show to be held in conjunction with the state convention of the North Dakota Retail Lumbermen’s associa- tion, opening here Tuesday. The annual convention, held here for the first time since the associa- tion’s organization, will open with registration Tuesday morning and the first business session will convene at 1:30 p. m., at the city auditorium. A concert by the Bismarck juvenile band will open the afternoon's pro- gram to k= followed by an address of welcome iy Mayor A. P, Lenhart. Principal sj:ukers on the afternoon Program will include J. L, Odette, state president; Governor Walter Wel- ford; R. M. Bellis, Minneapolis; W. H. Martin, secretary, Norwestern Retail Coal Dealers’ association and Ralph Hanson, Seattle. A smoker and entertainment will wind up the first day’s activity. A tour of the new capitol will occupy the delegates Wednesday morning to be followed by @ “Paul Bunyan” lunch- eon at the Memorial building. Speakers at the Wednesday after- noon session will be George F. Shafer. former governor; F. Ray Reichert, di- bermen’s association. A banquet to be given by the sales- | . 7 Minister Finds . . Virtue in Pipe Rev. T. A. Simpson, Episcopal rector of Mandan, is in position to preach @ sermon on the vir- tues of pipe smoking. Stalled in a snowdrift on the Standing Rock Indian reservation with a broken tire chain, Rev. Simpson ransacked his car to find wire with which to mend the inks while Mrs. Simpson and an- other friend shivered in the sub- zero cold. Then he remembered the in- despensible accompaniments of every pipe-cleaner. Extracting a number of the cotton wrapped wire cleaners from his pocket, he spliced his broken chains togeth- er, drove out of the drift and home safely. RHINELAND ARMING REPORT HAS FRANCE SEEKING DANUBE AID 40,000 Soldiers Disguised as Constabulary in Neutral Zone, Paris Hears (Copyright, 1936, Associated Press) Paris, Feb. 10—The French gov- ernment advanced negotiations to strengthen its military ties in eastern Europe Monday amid increasing ex- pressions of fear of what German re- armament might bring. Gen. Andre Niessel asserted in an address before a reserve officers’ con- vention Sunday that the Reich al- ready had moved"40,000 fully-armed men, disguised as constabulary, into the demilitarized Rhine zone. A French official, supporting the statement by the former member of the supreme war council, indicated a government belief that this was the “first step toward out and out vidla- tion of the zone.” The government pursued its nego- tiations to meet such an eventuality along two lines 1. Diplomatic conferences toward a five-power Danubian pact for eco- nomic and military cooperation. 2. Military discussions of details of the Franco-Soviet mutual assistance Pact. Foreign Minister Pierre-Etienne Flandin conferred with Premier Milan Hodza of Czechoslovakia on the pro- Posed Danubian pact under which Rumania, Hungary, Yugoslavia and Czechoslovakia, would guarantee mili- tary aid to Austria in the event of a German attack. TVA DECISION AGAIN DEFERRED BY COURT Throng Again Disappointed as Justices Delay Ruling on New Deal Law Washington, Feb. 10.—()—The su- Preme court Monday again deferred its TVA decision until at least next Monday. Disappointing another throng of notables and lawyers who had ex- pected the long-awaited ruling, the court concluded the handing down of rulings without any mention of the contested New Deal law. Feb. 17 is the next decision day. Over 50 ‘days have passed since the TVA arguments. Usually decisions are given out in much shorter time. ‘The court had been in session only 40 minutes, delivering five opinions, when Chief Justice Hughes announc- ed there were no more decisions Mon- day. TRAIN TRAPPED ‘12 HOURS Wallace, Idaho, Feb. 10.—()—A snow heap trapped the Wallace-Mis- soula Northern Pacific train for 12 hours Saturday. No passengers were aboard. lar Firetascorsranovor HOPTON AND SILJAN FOR INVESTIGATION Commencement of Audit in State Department SHORTAGES ARE DISCLOSED Governor Declares He ‘Has Full Faith and Confidence’ in Bureau Chiefs Attorney General P. O. Sathre Monday was ordered by Gov. Walter Welford to make a complete investi- ation of the state hail insurance de- partment. In the investigation he will ha the complete cooperation of Insurani Commissioner Harold Hopton ana Lars J. Siljan, hail insurance depart- ment manager, the governor making it clear that he has “full faith and confidence” in them. The first result of the activity which has been rumored about the hail insurance department for several weeks, was the discharge by Hopton of C. J. Myers, office manager in the hail insurance department and the ard by Hopton of claim against his ond. Hopton said an examination, begun by him as a result of rumors reach- ing his ears, had disclosed several shortages and discrepancies. Hopton called a meeting of the state bonding board for Tuesday to consider the claim for $2,340 which he said he has filed against Myers’ bond. In a sworn statement which he made for presentation to Governor Welford, Hopton said it was apparent from his investigation that Myers had been “swayed and influenced through William Langer, with or without knowledge on the part of Langer,” to pay the claim which was made the basis for Myers’ ouster and the claim upon his bond, Hopton said Langer received $468 in the deal. Auditing it The governor acted after a confer- ence with Sathre at Grand. Forks, revelation being made that the mat- ters had been the subject of recent conferences between Hopton, the gov- ernor and the attorney general. A complete investigation by Sathre is Justified, the governor said, by dis- Closures already made in an audit which has been going on in the hail insurance department in recent weeks. Sathre said a complete and - tial investigation would get pee ecet at once. He and the governor are cured to return to Bismarck Tues- jay. “As chairman of the senate insur- ance committee in the 1919 legisla- tive session when our state hail in- surance department was established, I have since been deeply interested in the welfare of that department,” Wel- ford stated. “Also, as a practical farmer who has secured real benefits from its op- eration, I have been and am now deeply concerned because of the many rumors current in the state indicating & corrupt practice by certain persons who would prostitute the department for financial gain. Investigation Warranted “The audit of the department now in progress has revealed facts and fig- ures which would warrant a full in- vestigation, Hopton’s statement said: “In view of current rumors and re- cent discoveries on my part as com- missioner of insurance I feel that the general public is entitled to know what has taken place up to this time. “I first wish to state that it is my (Continued on Page Two) England-to-Capetown Flight Record Is Set Capetown, Union of South Africa, Feb. 10.—(?)—Tommy Rose, former flight leutenant of the royal air force, set a new record for the Eng- land-to-Capetown serial jaunt, and then devoted himself calmly Monda: 1932, Battle With Cold and Snow Threatens Life of Pianist Allene Holmes, 18-year-old piano from {student and well-known Bismarck concert performer, battled death A| Monday after a two-hour wait in Sat- In Minneapolis Homes Minneapolis, Feb. 10.—(#)—The milk bottle reached Twin Citians’ cocesing urday’s bitter cold while members of her family and Dr.C. E. Stackhouse of Bismarck sought to break through the snow-blocked road to bring her to a local hospital. Suffering from # ruptured appen- two hours while her father and Dr. Stackhouse sought means of getting dix, complicated by scarlet fever and/| day. kidney trouble, Miss Holmes was placed in her father’s car, drawn by a team of horses and an attempt was made to force @ way through the drifts to the highway, one mile from the Holmes farm home, near Meno- ken, The car became stalled in a snow- drift and the young girl was left for