The Bismarck Tribune Newspaper, February 18, 1936, Page 1

TABLISHED 1873 THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, TUESDAY, FEBRUARY 18, 1936 . CHAGO WAR HERO, [New Briefs Filed In N. D. Tax Case COLONEL FRANCO, I NEW PRESIDENT Police and Sailors Surrender Before Superior Forces of Veteran Rebel AYALA FLEES TO GUNBOAT Revolt Aftermath of Conflict, Peace Terms Being Unac- ceptable to Army (Copyright, 1936, Associated Press) Asuncion, Paraguay, Feb, 18.—A military revolutionary movement pro- claimed the exiled Col. Rafael Franco provisional president of this South American republic Tuesday after a swift rebellion overthrew the govern- ment of President Eusebio Ayala. The rebels, headed by Colonel Smith and Colonel Recalde, veterans of the Chaco war, emerged victorious from @ series of street battles Monday with loyal forces, President Ayala, whose police and sailor defense forces surrendered be- fore the superior strength of the re- bel forces at 10 p. m., Monday night, took refuge aboard the Gunboat Par- aguay in the Paraguay river. Ayala submitted his resignation by radio from the gunboat. Recalde then permitted Ayala to land from the gunboat and return to his resi- dence with full guarantees. Foreign Minister Luis Riart, arrest- ed by the revolutionaries, was held prisoner in the aviation school, the members of which—like the majority of the military forces in — Joined the rebels. France in Buenos Aires Colonel. Pranco,-Chaco war. hero who was dismissed from the army and exiled by the previous civilian gov- ernment in connection with alleged Communistic activities, was at his seat of exile in Buenos Aires, Argen- tina, and was expected to return soon. With President Ayala aboard the gunboat was Gen. Jose Felix Estigar- ribia, the commander of the Para- guayan army during the Chaco war. The revolution broke out at 7 a. m. Monday when several regiments, headed. by Smith and Recalde and aided by members of the river navy The revolutionists advanced from their encampment at Campo Grande, seized the railroad line and the rail- road station, then entrenched them- selves in the Plaza Uruguays, only 500 yards from the police station, from which they directed their fire against the police and other defense forces. Take Over Communications Revolutionary officers took over communications after the defense re- sistance collapsed. Troops which supported the govern- ment when the rebellion burst into the open Monday, surrendered un- conditionally. The chiefs of the revolution assum- ed absolute control of the situation, with military units quartered outside Asuncion, as well as those within tite capitol, now obeying their orders. The revolutionaries decided to con- stitute a Junta government, but the new government was not organized immediately. Aftermath of War The military rebellion arose in the aftermath of the Gran Chaco war- fare between Paraguay and Bolivia, one group of Paraguayan militarists having expressed dissatisfaction over the terms under which the civilian government agreed to halt hostilities. Argentine dispatches confirmed a belief that the revolt was caused by militarist dissatisfaction with the civ- ilian Ayala regime, although Gen. Jose Felix Estigarribia, commander- in-chief of the Paraguayan forces in the Chaco war, remained loyal to the | president and directed the loyal troops in vain defense against the rebels, Colonel Franco expressed belief that | the revolutionary movement was de- veloped by war veterans and an or- ganization of Paraguayan government opponents called the “National Front,” which he said was composed of “stu- dents, workers, former combatants and intellectuals.” Drives Burning Car | | To Firehouse Door Little Falls, Minn., Feb. 18.—(?) —Raymond Dahimier, Minneapo- lis, drove his blazing potato truck six miles in bitter cold to the center of the Little Falls business district and turned in a call for the fire department. Firemen, realizing they could not get to the blaze until the Potatoes were unloaded, directed Dahimier to the fire station two blocks away. They unloaded 166 bushels at the station door and then put out the fire, which started from s heating pipe. FDR ASSURES LEMKE HE HAS NOT BLOCKED REFINANCE ACT VOTE President Refuses to Take Stand Either for or Against Disputed Measure Washington, Feb. 18.—(#)—Repre- sentative Lemke (Rep., N. D.), took away from a White House conference Monday the president’s assurance he had not interfered with house con- sideration of the Frazier-Lemke farm refinancing bill. In a brief statement, Lemke indi- cated, however, that efforts on his part to induce the president to say the word that might speed that con- troversial measure to a vote.in con- Brees, welit ee Alarmed by a -end withdrawal ) from a house vote, Lemke ap- president to intercede of the measure. The president, Lemke said, repeat- ed a statement he made at a sim- ilar conference last year that he had not authorized the use of his name to influence withdrawal of names or had anything to do with the with- drawals. Word Would Drop Gag “One word from him, though, would bring the bill onto the floor for a vote and put an end to the gag and shackle procedure under which the house operates,” Lemke said. The measure proposes to refinance farm mortgages through issuance of ® maximum of $3,000,000,000 of new currency, “Last Friday and Saturday, the enemies of the Frazier-Lemke bill declared war upon agriculture in this nation by taking off five names,” Lemke said. “We accept that decla- ration of war and from now on the enemies will know where we are at. Want Rule Abolished “We -are accepting nothing less than an unconditional surrender by + the abolition of the gag rule and per- mitting every bill at the speaker's desk, that has the backing of a large number of people, to come up on the floor and be disposed of on its merits. “This battle will continue, if neces- sary, until the November election when we are confident a complete victory will be won by the American People.” Two hundred and eighteen signa- tures are necessary to bring the bill to a vote. The petition signatures dropped from 214 to 209. Stop-Gap Neutrality Act Passed in Senate ministrator’s stop-gap neutrality reso- lution was adopted Tuesday by the senate. The measure now goes to the White House. There was no record vote on fina! passage. : | The act extends the present manda- ;tory ban on arms shipments to bel- | ligerents from Feb. 29, 1936 to May 1. 1937. It also would prohibit until May 1, 1937, loans and credits to warring countries outside the usual short term credits covering normal commercial transactions, and exempt from: the arms embargo Latin-American Re- publics engaged in conflicts with non-American powers. 2 Hired to Guard Bank Charged With Looting It Chicago, Feb. 18.—(7)—One mem- ber of a suburban St. Charles vigil- Ladd gave the names of those un- der arrest as P.rcy R. Rehm, 41, St Washington, Feb. 18.—()—The ad-/ State Contends Incomes Are Not Property; Payers As- sert the Opposite With the time limit for filing ad- ditional briefs expired, the state su- preme court Tuesday had before it two new arguments in support and in opposition to North Dakota’s indi- vidual graduated income tax law. Attorney General P. O. Sathre and his assistant T. A. Thompson in new briefs filed, claimed the law as amended by the 1935 legislature, was within the “power to tax inherent in and essential to the existence of the state.” ‘ Horace Young, Fargo attorney, rep- resenting a group of seven taxpayers who attacked constitutionality of the law in original arguments Feb. 7, |contended in his brief, the law was arbitrary in classifications, violating the uniformity provisions of the state constitution requiring taxes on prop- erty to be uniform within the same class. Young argued income was Property. In its brief the state contended in- comes are not property in the “ordi- nary sense of meaning of the term.” Concede Possibility “It is conceded, that if incomes as defined in the statute involved in this case are property within the meaning of section 179 of the consti- tution, then this act is invalid and unconstitutional,” the state’s brief admitted. Basing a portion of their conten- tions upon an Indiana case (Miles vs. Department of Treasury, 193 NE 855) the state pointed out the statute in- volved in that action provided for a Gross income tax, in which residents were required to pay amounts ranging from 1 per cent to one-fourth of 1 per cent of their gross incomes. “We submit,” the state’s brief de- clared, “the distinct ipted to. be’ drawn by the pl fin this case between a gross ineco) sd® net (Continued on Two). ANNUAL ELKS CIRCUS IS OPENING TONIGHT Famous ‘Big Top’ Acts Being Shown Here Under Aegis of Lodge Men Bismarck’s big World War Memor- ial building auditorium was being transformed into a “big top” Tues- day as the 22 acts which will perform with the Elks Annual Indoor circus were busy setting up their proper- ties. The circus will get under way this evening and will run through Satur- day night. Charles ‘Gray, circus impresario, said Tuesday that the attraction is undoubtedly the biggest and best ever brought to Bismarck. The show will open with the Car- nella troupe of comedy acrobats, fol- lowed by Kathleen and Jimmy, danc- ing on the silver thread; The Clairs, European gymnasts and jugglers; Harry Sykes, comedy cyclist; Toby Wells and his troupe of clowns; Miss Harrison’s trained mule; the clown mind reader; the Wallen boys on the horizontal bars; the Merle trio of gymnasts and the Avalon troupe on the tight wire. After the usual intermission the show will feature the Valaro broth- ers on the flying trapeze; a clown fight; Salton and Parodner, in a series of sensational hand leaps; the circus; Carl Marx, the clown cop; The Macks in a high balancing act; Pickard’s trained seals and the Romanoff troupe of Cossack acrobats. In addition to the theatrical at- tractions there will be the usual carnival atmosphere and games. The Elks circus has proved a big) attraction here each year in the past and this year will be no exception, Gray said, in view of the quality of entertainment offered. Nebraska Delegates 100 Per Cent for FDR Lincoln, Neb. Feb, 18,—(?)—Ne- braska’s first move toward the 1936 Democratic national convention caul- dron was selection of a slate of 14 “guaranteed 100 per cent Roosevelt delegates.” At the same time the sub- committee dared a possible party storm by recommending Senator Ed- ward R. Burke of Omaha for Demo- cratic National committeeman. Burke’s votes against the adminis- tration’s new farm bill and against other Roosevelt measures have made him the target for severe censure by some Nebraska party leaders. SPEARS GETS POST Toledo, O., Feb. 18.—(#)—Dr. Clar- ence W. Spears, dismissed as football coach at the University of Wisconsin, was named athletic director and head football coach at the University of Toledo Tuesday. 115 YEARS OLD TODAY ka’s oldest inhabitant—celebrates his 115th birthday Tuesday. aerial Healeys; Harrison's animal! TVACOURT VICTORY AS OMEN OF FUTURE Gigantic Mississippi Valley May Be Scene of Next Such Development POWER INDUSTRY IS SILENT Justices Claim They Did Not Pass on Constitutionality of TVA Act Washington, Feb, 18—(AP)—New Dealers, hailing the supreme court's TVA decision as a signal victory for their vast power program in the Ten- nessee Valley, pressed on Tuesday {with their drive for a “planned fu- ture.” Though strictly limited in scope, the decision put new life into pro- |posals on Capitol Hill to duplicate the Tennessee Valley experiment else- where in the nation, notably in the gigantic Mississippi valley. Administration officials declared the 8 to 1 decision upholding the right of the government to manufacture, transmit and sell power from the great Wilson dam, at Muscle Shoals, Ala., would turn a flow of cheap elec- tricity into thousands of southern homes. Spokesmen for the power industry were silent. The decision caused dancing in the streets of Florence, Ala., a community vitally affected by the TVA program. In Wall Street utility stocks dropped Monday after rising when speculators guessed wrong on the forthcoming decision. Victory for New Deal All sides agreed that the decision read by Chief Justice Hughes—with only Justice McReynolds dissenting— thet Masel for the New Deal. , calling special attention ruled only on constitutional issues raised by TVA’s contract to buy power {nes from Alabama Power company and sell surplus energy to the com- pany. The court said it did not rule on the constitutionality of the TVA act. Besides power development activities carried on under the act include the building up of domestic industries to supplement agriculture in providing jobs, improvement of housing and education, flood control, reforestation and a drive against soil erosion, Senator Norris (Rep.-Neb.), author of the act, and administration of- ficials, said all power projects now under construction in this valley and in the west would prove valid as measured by the decision. Sees More Rulings Senator Dickinson of Iowa, Repub- lican presidential aspirant and foe of the TVA program, declared many gov- ernment activities in the Tennessee Valley had not been ruled upon, President Roosevelt withheld com- ment. But observers believed his views probably were reflected to some extent in the comment of Norris that jthe decision “gives the TVA all it has asked for.” Norris said he was still of the opin- ion that the court’s power should be curbed, however. The TVA’s moving of families and creation of villages, Norris held, were all essential to its construction work, which he contended the court had upheld. Mississippi Next? Norris said the verdict made his proposal for a similar valley author- ity for the Mississippi basin “consti- tutional beyond doubt.” He said he would arrange for early hearings on this bill. Dickinson, or: the other hand, held there was no basis for “manicuring the hills and landscaping the valleys.” | He contended a number of govern- |mental activities, including the sale of elecirical equipment, were not validated. The decision also, Dickinson said, (Continued on Page Two) Monday Bu Bismarck’s telephone exchange Monday had the busiest day in its history. People driven indoors by the weather took to the wires for com- munication purposes, and the girls at the telephone switchboard worked frantically to keep up with the de- mand, The average number of telephone calls passing through the exchange each day is 24,000 but Monday’s load was 45,000. Starting in the early morning there was @ barrage of calls to the federal weather bureau. Hundreds who tried to reach the official source of weather information were unable to do so be- cause the lines were busy. A dozen circuits couldt not have met the de- mand, according to Helge Zethren, cashier at the Bell company’s office here. Other places besieged by early morning calls were the offices of taxi- cab and coal companies. About 11 a. m., the wires to schoui buildings grew hot as parents sought to learn whether school would be held in the afternoon and to advise their childygn to remain ix the school There were bigger dogs in the Westminster Kennel club's annual show at New York, but there weren't any better ones than St. Margaret Magnificent of the Clairedale Ken- nels, the little Sealham terrier ad- Judged best of all breeds. A male de- spite his name, St. Margaret ficent disdains the bowl which at- tests his victory. Right: Hercuveen Indisputable, huge St. Bernard, discovered that a little boy was a dog’s best friend when he was passed over and another se- lected best of breed at the Westmin- ster Kennel club show in New York ‘Three-year-old Thomas Sartor of Brooklyn looks as mournful as Her- cuveen himself over the tragic end of their championship hopes and as- sured the big barker that he really ought to have won, THREE HETTINGER MEN INELIGIBLE 10 ~ SERVE ON COUNCIL Delinquency in Tax Payments at Time of Election Is Reason, Judge Says Minot, N. D., Feb. 18.—(#)—District Judge John C. Lowe of Minot late Monday decided that three members of the Hettinger city council named in ouster proceedings are ineligible to hold office. The three are J. 8. Graham, M. T. Quickstad and Ed C. Arnold, against whom the ouster action was started by five taxpayers. Their ineligibility, Judge Lowe said Tuesday, is due primarily to the fact that all three were delinquent in pay- ment of taxes at the time of their election to office. Judge Lowe's opinion in the case will be completed within a few days, he said. Involved in the ouster action was an effort upon the part of the tax- payers sponsoring it to prevent the Hettinger council from granting a re- newal franchise to the Montana-Da- kota Power company to furnish light and power in the city. A 20-year franchise held by the company ex- pired last Dec. 5. Alleged Check Forger Held on $1,000 Bonds Ben Casper of Bismarck was bound over to the district court on charges of forgery in the second degree when arraigned before City Magistrate E. 8. Allen Monday. Casper was commit- ted to the county jail in default of $1,000 bonds. He was arrested Sun- day after an alleged attempt to pass a worthless check at the Broadway Drug store. siest Day in History At Phone Firm building until they could come and get them. Meanwhile, the number of other calls continued coming in at high speed as residents turned to the wires instead of to personal visits for both business and social purposes. Not until nightfall did the rush slow down. Despite the bad weather few, if any telephones, were out of order for long, Zéthren said, as he praised the steadfast persistence of the company’s linemen who braved the storm to keep the system in operation. Between 20 and 25 line breaks were caused in this area by the cold weather which so contracted the wires that they snapped, he said. Linemen worked all tay Sunday repairing the breaks, climbing poles despite the in- tense cold. With roads blocked to trucks and automobiles they rode horses, drove teams hitched to sleighs, rented railroad speeders and even used skis to get to the sources of trouble. Despite the current conditions Zethren said, no exchange in western North Dakota has been out of com- munication with the outside world for as much as 12 hours at any time dur- ing the cold spell. JURY IS PREPARED TO BEGIN DEBATING FATE OF ‘KID CANN’ Vigorous Pleas for Conviction and Acquittal Made by Rival Attorneys Minneapolis, Feb. 18—(?)—Ad- ditional armed were or- dered on duty at the trial of Isa- dore (Kid Cann) Blumenfeld, accused of killing Walter Liggett, after Sheriff John Wall said six Chicago hoodlums were in the courtroom, Atinneapolis, Feb. 18. — (P) — The Walter Liggett murder case swung Into its final phase Tuesday with the jury prepared to begin its delibera- tions on the fate of Isadore (Kid Cann) Blumenfeld, former bootlegger, late Tuesday afternoon. The defense was expected to finish its argument within three hours. Vigorous pleas for conviction and ac- quittal were made respectively by Fred Pike, in charge of the prosecu- tion, and Thomas McMeekin, counsel for Kid Cann, who is accused of slay- ing the newspaper publisher with a machine gun, last Dec. 9. Vengeance, ‘McMeekin claimed, could be the only motive in the case; adding “there is no evidence that the defendant had occasion to take Mr. Liggett’s life.” Pike branded as “spurious” the for- mer bootlegger’s alibi that he was ina in barber shop and could not have been the grinning machine gunner who killed the weekly newspaper publisher Dec. 9 last at 5.41 p. m. Of Mrs. Liggett’s identification of the defendant as the slayer, Pike said “that story of what happened drives through the defendant's alibi like a team of horses and I submit there is no doubt or reasonable doubt in this case of the defendant's guilt.” Napoleon Youth Dies Tuesday in Hospital Gerald Greitl, 21-year-old son of Mr. and Mrs. J. L. Greitl of Napoleon. died at 6:50 a. m., Tuesday at a loca: hospital after an illness of one month. He entered the hospital Jan, 13. Pun- eral arrangements have not yet been made. The youth died following an oper- ation for a mastoid and sinus infec- tion, bellevea to nave caused ® gen- eral poisoning of his system. He was born Jan. 17, 1915. Seven Persons Perish When Fire Guts Home Hutchinson, Kan., Feb. 18—(P)— Seven persons, all members of one family, perished in a fire which de- stroyed their small home south of Hutchinson Tuesday. Firemen said an explosion might have ‘caused the ‘blaze. Little Dog Is the Biggest Dog at Dog Show CAMPAIGN LAUNCHED TO SAVE GAME BIRDS STARVING 10 DEATH: Eight Bismarck Men Start Ball Rolling With Donations of $5 Each Asserting that thousands of game birds in western North Dakota al- ready have perished as a result of cold and lack of feed, the Burleigh county chapter of the Izaak Walton league Tuesday launched a campaign to give them assistance and thus “save the seed” for future hunting. Eight men gave $5 each to start a fund to buy food for the birds which were declared to be in pitiable con- dition. A telephonic survey of the county disclosed, according to James W. Guthrie, chapter president, that pheasants and Hungarian partridges have begun to huddle around farm buildings in a vain hunt for food and shelter. Farmers have been asked to feed them, the chapter assuring them that it would assist in financing the work by paying the farmers for the feed used. Examination of numerous birds found dead has showed that they are suffering from a lack of grit in their crops as well as from lack of food, Guthrie said. In some cases dead birds have had food in their crops but little gravel or other grits to aid them digesting it. The heavy snow cov- ering has prevented them from find- ing grits as well as food, he explained, and asked farmers to assist in rem- edying this condition also. Guthrie emphasized that if help is to mean anything it must come at once since the situation of the birds is desperate. Donations for the bird-feeding fund, Guthrie said, should be sent to H. P. Goddard, secretary of the Bis- marck Association of Commerce. Men listed Tuesday as having given $5 each were John A. Larson, Fred Feterson, Dr. H. T. Perry, Goddard, Guthrie, 8. W. Corwin, B. E. Jones and J. A. Fleck. J Strange coincidence marks the case of Gail Holmes, 12, son of Mr, and Mrs. Paul Holmes, Menoken, recover- ing from an emergency operation for appendicitis performed at 11 a. m., Sunday in St. Alexius hospital. For the ailment with which Paul was stricken early Sunday morning was the same as that which had caused his sister's death only five days before. The sister, Allene Holmes, 18, was buried three hours after Paul was }placed on the operating table. The Weather Somewhat unsettled it and ‘Wednesday; continued’ c PRICE FIVE CENTS 'N. D. Recovering From Storm Paralysis Swift Rebellion Overthrows Paraguayan Governmen NEW DBALERS HAIL | {|RALWAYS STRIVING TO OPEN BRANCHES TOWARD COAL AREA Bismarck Grade Schools Stilt Closed But High Schools Again Functioning TEMPERATURES MODERATE No Relief Yet in Sight as Rec- ord-Breaking Frigid Spell Enters 39th Day Bismarck and the rest of North. Dakota were resuming activity Tues- day after one of the worst storms of the winter. Local grade schools were closed but the high schools were holding classes. St. Mary's high school, however, did not open until noon, Tuesday. The Soo Line railroad was not operating trains north or south out of Bismarck, but the Northern Pacific sent a snowplow from Mandan to Barge Aviator ‘The three boys found Gordon Snyder, Jack MoGarry Duke Bratcher, who left for Williston ln 3 5 HH geB5 i and attempts were being made open them Tuesday. The main line of the Great Northern between Grand Forks and Minot was blocked Monday. Tem} Moderate ‘The weather bureau here reported that temperatures had moderated somewhat from the extreme lows of the last few days, the minimum dur- ing the night being 14 below zero, and the wind had dropped to a maxi- Two North Dakotans Enlist in U. S. Navy Fred Howard Schultz, 706 Avenue A, Bismarck, and Eugene Edward Huffman of Beach have been selected for enlistment in the United States navy during February, to which they will be assigned either to @ trade school or to ships in the fleet, Penders said. Johnson Must Spend Weeks Convalescing Boy Fights Off Death As Sister's Funeral Is Held