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

~ Pn Pt ESTABLISHED 1873 Relief, Guffey Coal Acts Ruled Invalid _THE BISMARCK TRIBUNE (-22=—- BISMARCK, NORTH DAKOTA, MONDAY, MAY 18, 1936 ‘ PRICE FIVE CENTS CONGRESS EXCEEDED | Lepers Kill 7 Escaping From Hospital |swam cum DESPERATE MOROS (Commission Men = |/@*37%,,, | INGOME TAXPAYERS | weqnonrtum ONAL SE FSHNGBOAT | = Lose Court Battle! asecr tem te | 10 FURNSH GREAT asap Bena NEAR LEPROSARIUM Landon Talk to High Kill Four Philippine Anglers} School to Be on Air Then Spread Terror cipal rca ord Pescenpt amin Through Islands Kansas town will have a “big hour” Monday night when their commence- RAID STORES FOR SUPPLIES |™*r,sdcress. by Gov. Alt. M. Lan. broadcast is scheduled to start over HOLDS 1935 AID ACT POWER, HIGH COURT HOLDS IN FUEL CASE Cardozo, Brandeis and Stone Dissent From Majority Opinion in Suit HUGHES HAS HIS OWN IDEA Gis ee eed aramaroane SHARE OF REVENUE Powers, Invaded State’s Nees coc ney ee eee ae Right, Judges Rule Secretary Wallace's Handling 46 took wince Hee ee ma of Chicago Stockyards ie ateiaataniy fete stngar, | Flat Levy on All Net Corporate NEW DEALERS PLAN APPEAL Vishal et eee eae am mt, | Income Will Probably Be Fea- | programs Will Go on Despi Decision Holding NRA Illegal classic short story about the ture of New Program Opinion, Spokesmen for Agencies Declare Washington, May 18.—()—Commis- champion “Dan’l Webster” who eg Saas inion sebetarie ee was cheated out of his laurels Monday in the supreme court in their ih aad loaded him with COMMITTEE IS BADLY SPLIT Cited as Precedent in Parts of Ruling m effort to collect rates higher than 9 18. — — The ‘ iIngtot -—(P— Diseased Fugitives Sail for|the bite bitte at ma p.m oni those authorized by Secretary Wal- j " tere nd held dooms Gane one seas ht Sane Borneo With Constabulary boar svat Senda venue area ee SE Se jon was BOLIVIA 4 CIVIL AN Animosity to House Measure Is ee clad py ee fete of Co- stitutional Monday by the supreme After Them Liner aan anes pra Te was given in two cases Anvolving Unabated as Senators In a sweeping opinion, three of the ——_ ee Term nisin eabaaitany SEARO fy trom i Wichita ‘Monday the heater dit power red e 1921 GOVERNMENT UPSET Wait for Act five sb ters) ei byevuindenedind law . “| |said the conclusion was beep Topeka pack tockyards was voi ause of improper deleg : . “ Manila, May 18—(}—Six desperate |aftetnoon and proceed here by auto-| | Rates were reduced by Wallace in tion of powers to the "president, _ Gis lemon) code are waceenbed Moro lepers fled before the constabu- /mobile, an order issued Jan. 8, 1934, it was Washington, May 18.— () —The|vasion of state’s rights, and a lack of : : to and dependent upon the labor pro- Jary Monday after killing seven men > modified upward somewhat March 12. treasury estimated Monday that the | definite authorizations. : po ‘] | visions as conditions, considerations ae bloody ar from the Culion MARMARTH WELL 10 ; venealiogn Hieecerege ied th pce latest compromise tax plan of the| The court said the, law Mevectics| 4 : or compensations, as to make it clearly = ver E: poate obey Tapers, under the leader Ue al appealed to the supreme senate finance committee would pro-|to reach and control matters o' probable that the former being held ship of one who called himself “Ab- S dullah,” killed four fishermen, seized q y @ boat and fled the colony for Pala- ‘wan and neighboring islands where their ruthlessness spread terror among the inhabitants. Stopping at Jalmpang, on Aboabo island, the marauders killed three more persons~ and robbed Chinese stores. Then they proceeded to Bono- bono where they attacked another|Hundreds Gather to Learn If citer Gott ad ecaped to aan New Black Gold Field Has A call for constabularymen t the soldiers to Bonobono a few hours Been Found later. They were told that the lepers —_—_——— said they were sailing for Tigabx, (Special to The Tribune) Borneo. Marmarth, N. D., May 18.—This is Citizens told the soldiers they fear-|“the day” in the prospective oil field ed to seize the lepers because they located in southeastern Montana and were afraid of infection from the dis- |southwestern. North Dakota. ease. Lack of police forces on the| The test well which was drilled here isolated islands left the desperadoes by the Montana-Dakota Utilities com- ® free hand. pany is to be brought in this after-| sonal thea erat yrs 200 ay noon and an effort made to deter- southeast of Manila, is approxima mine its prod capacity. 15 miles long and 10 miles wide. te io ‘f Although the more than 5,000 lepers are in a segregated community, they @re not imprisoned, OMAHA AREA HIT BY WIND, RAIN AND HAIL Mile Per Hour Gust During Brief Sunday Storm Omaha, Neb., May 18.—(#)—Omeha and Counc!! Bluffs, Iowa, authorities Monday sought to ascertain the full extent of havoc wrought by the brief but furious storm of wind, rain and hail which swept across the two cities and their environs late Sunday, injur- ing at least eight persons, one serious- ly, and causing damage to property and crops expected to run into many thousands of dollars. Meanwhile speculation in The wind spread the most destruc-|and other items which accompany an tion. The government airways weath- incipient boom continue to dominate ex bureau sald one gust of 30 seconds /the scene. Under its contract with a aa ei the government for the development ¢ of the potential oil field, the Mon- The rain, lasting about an hour, ‘Dakota Utilit totaled 2.66 inches. ‘The hail, which [*ane-Daxots | Uiilities company ts Grifted as much as four feet deep, did extensive damage to the fruit crop in this region. Some livestock Jeast four others were blown from their foundations, and scores were un- roofed or otherwise damaged. Water| Ball Player May Lose business eetablahments, window tsnts| Sight of Right Optic were smashed, gas and water mains — were cracked, streets were: littered] Virgil Gregory, stellar first sacker with broken tree branches and even| for the Grove Giants, may never play fitting off eloctsc, pows JIMMY DEBATERS WIN Jamestown, N. D., May 18.—(P)— Jamestown defeated Wahpeton, by a B-2 decision Saturday to win the state high school debate tournament. ADVANCE REGULAR TIME a i ose reel here May 1. graduated levy on undistributed prof-| ministration. erty under $5,000, The lower bond Motive for the crime was robbery, Near Burnstad its, would have assessed graduated! “I am not trying to minimize the | W4S agreed on for the attorney, Has- Riggers obtaining $10 and » few pen- tates ranging up to 42% per cent on| opinion,” he added. “We wanted it | tgs Pee fe promise to “co- holes, jnies, Riggers told the sheriff. Burnstad, N. D, May 18—A 200- corporation net income, depending] the other way.” operat je case. ) eles epoitelaul of which $173,000,000 | which the constitution has given con- - . lear latter would not have been would come from individual income |sress no powers.” ate : passed. Wallace Returned Schedule War Hero Called Back to Head | taxpayers. In a test case which resulted from “The fall of the former (before the Later, on Oct. 19, 1935, the com- 3 Indicative, however, of the fact that |plans for a model community at court), therefore, carries down with mission men published @ new set of New Government With the committee still is groping for an|Franklin, in Somerset county, New it the latter. court. higher rates to become effective Nov. tall ; agreement on how to rewrite the tax|Jersey, the appellate court found : NRA Is Precedent 1, 1935, Wallace returned the sched- Socialistic Aims bl ‘as it passed the house, were re-|there was no constitutional power “ = “The price fixing provisions of the ule without calling a hearing to deter- ——— quests for additional estimates on| “conferred upon the federal govern- “ |] |code are thus disposed of without mine whether it was reasonable, The! te Paz, Bolivia, May 18—(@%—A lother ways of raising the $623,000,000| ment to regulate ‘housing’ or to ‘re- coming to the question of thelr con- © |provisional junta of soldiers and So-|of permanent revenue sought by the settle’ population.” : . stitutionality; but neither this dispo- sade Se ane, the same three-| cisiists ruled Bolivia Monday after | president. Tugwell Defers Comment : sition of the matter, nor anything we ‘A temporary injunction was grant-|the civilian government of President) Chairman Harrison (D.-Mass.) | Rexford G. Tugwell, in Nene have said, is to be taken as indicat- ed on April 19, 1934, restraining en-|!0% Luis Tejada Sorzano fell in s/named three subcommittees, to.report the resettlement etm Sa te oS ing that the court is of the opinion forcement of the Wallace rates pend- |Peaceful military coup. Wednesday morning on the “windfall” | ferred comment Lethe i pai he : that these provisions, if separately ing an appeal. ‘The new council called War Hero|tax feature of the measure, on a pro-/OPinion. It was ane can oe va oS enacted, could be sustained. “The opinion today held the litiga- jCol. David Toro back from the Gran |vision for refunds on flour stocks on |Justice Van Orsdel and concurred £0 : The six to three ‘Gecision’ was de- tion did not “involve any question of |Chaco to become president, gained |hand at the time of invalidation of |PY Series vittoria livered by Justice Sutherland before confiscation: suspension of a general strike move-|the AAA, and on “the question of in- ct Stier io reaneeabsaca THAIS Alfred E. Smith, 3: = ee bps —s oe “The appellants employ Uttle phy-{ment a5 its objective to “orlent the |surance that might be applied to pay| "Ce, °snd stephens, agreed that| Investigation of extortion of #l1,- lef the law with ben, Buvdse cbeme ial y in their business and |nation toward 9 Socialistic state by|the government's taxes.” beep dae [saree et ee ee, jo ew wey propert; prudent, gradual without con- constitutional authority was lacking} 000 from him under threat of ex- | Pa.), no complaint is made as to the allow- valaons.” — To Meet Wednesday in this case, but said the court should] posure of his alleged relations with Justices Cardozo, Brandeis and ance of interest cn. such as they do rr peisee the interior indicated The committee planned, no further |not have passed upon validity of the] pretty, blonde Catherine Pavlik, | Stone dissented. employ,” it said. “They render a per- ce cae aes iigillilty perv sessions until Wednesday. entire program. 25, was launched in New York by A separate opinion was delivered by service and the issue before the ioe Unis Minis Aamentoan, prcrss A proposal to increase the levy on| ‘The appellate court reversed the] alfred E. Smith, Jr., son of the | Chief Justice Hughes, who contended secretary was whether the uniform copes 3,000,000 re the nation’s individual income tax-|ruling of the District of Columbia} former presidential candidate, |the act might be sustained “in rela- Schedule of rates for that service was go lost, 3,000, ete was the |Pavers encountered strong opposition | supreme court, which had upheld the} when he tired of complying with | tion to the provisions for marketing or was not reasonable. ... 4 eager the pies ee 4 ‘Monday. validity of the Resettlement program| the alleged blackmailers’ de- | in interstate commerce.” sign atin tae pene ones aftermath Of suggested as part of a compromise and denied an injunction against the} mands. ‘There is no evidence that Congress Exceeded Power ‘We think the court correctly held the long schigh iit vnonths |% break | committee deadlock, the| New Jersey project sought by ® group| Miss Pavlik was a party to extor- | ‘The majority held that congress in that its function was the considera- |diers seized power cha in Pare, | Plan would have lifted the normal in- | of taxpayers. tion demands, but she ts said to |the law had exceeded its power un+ tion of questions raised upon the rec- after their former enem sia come tax rate from 4 to 5 per cent.| After reviewing. provisions. of the) have. requested “$1,000. for an - | der the constitution in attempting to oyd.laid before the. secretary.” . guas. ousted. President Eusebio Ayala taut the corimittée was split so badly| 1935 relief act Which’ appropriated Jegal ‘operation. regulate interstate commerce, Roberts added there was no jand installed Col. Rafael Franco a5/on it that it appeared uncertain | $4,880,000,000 and the executive ord- “as ‘The decision holding NRA tncon- dence in the district court to support |chief executive. whether it could obtain a place in the jers of President Roosevelt which set stitutional was cited as a precedent. the allegation the secretary arbitrari-) Col. German. Busch, acting chief| pi expected to be reported to the|up the Resettlement agency, Justice Constitutionality of the Guttey act ly refused to grant a rehearing. Hejof the Bolivian army general staff,| senate floor this week. Van Orsdel said: MORE INDICTMENTS to permit federal control of prices, upheld the manner in which Secre-|led the swift, successful La Paz coup] a survey of committee members in- ‘Delegation Running Riot’ wages and hours in the bituminous tary Wallace arrived at the rate /q’etat. dicated that when the bill emerges it) “This is delegation running riot.” indust had been challenged by order. Heading the provisional junta until} will be featured by a flat tax on all| Referring to opinions of the United smas aes Carter, West Virginia Roberts said the secretary found |Colonel Toro’s return, Colonel Busch | net corporate income, similar to the|States supreme court which found and Virginia producer, and by 19 that, with respect to the cost of get- issued a manifesto announcing cre@-| present tax of 12% to 15%; a surtax|NRA, AAA and the original “hot oil” Kentucky operators. ting and maintaining business, ex-|tion of the new regime. on undistributed profits, and will im-|control act unconstitutjonal, Justice sores Penditures had been extravagant and| army spokesmen maintained the] pose the normal income tax on divi-|Van Orsdel said the same legal flaws wasteful, people were opposed to elections |dends, which now are subject only to|were found in the Resettlement ad- FOR N. D., BLACKSTUN SAYS q Sige sae called for May 31 and a general strike | surtaxes. By this plan, committeemen | ministration. invalidation of the Guffey soft coa: \ which started Friday night imperilled | hope to garner $620,000,000 of needed| “There is nothing in the act direct- act by the United States supreme Bolivia’s economic stability. revenue, over and above existing col-|ly prescribing the power or duties of court Monday was termed a “good The labor federation, in sympathy | lections. the president with respect to hous-|Lawyer and Private Detective} thing” for North Dakota by M. C. with the new regime, suspended the Would Raise Surtax ing,” he said. F Furth Chace Blackstun, manager of the Knife River strike movement with an early com-| ‘That compromise would have placed| “There is no guide as to where or ace Further jarges, Coal company, one of the largest lig- plete settlement of the walkout ap-|a 7 per cent surtax on-income which | When or how these funds are to be Prosecutor Says nite concerns in the state. parently in prospect. corporations f\il to distribute to stock-| Used for housing. Although the act was never in ef- New Dealers Confer fect here because producers obtained holders in the form of dividends. Other provisions would have assessed| New Deal officials conferred about} New York, May 18.—(#)—Assistant | an injunction, its effect if applicable WIND LJ ali corporation net income 18 per | future procedure both on relief policy| District Attorney Harold W. Hastings|in the state would have been to raise cent, placed dividends under the nor- | and in the courts. said Monday that witnesses would be| the price of lignite to the consumers mal income tax and boosted the basic| Solicitor General Stanley Reed said | called to testify before the grand jury|and cut down production, Blackstun individual income rate from 4 to 5]an appeal would be taken to the su- | “with a view to possible additional in-| stated. per cent, preme court at once. dictments against a lawyer and pri-| “The act favored eastern operators $10 and Few Pennies Was Loot ‘Ada Man Obtained for Brutal Slaying Ada, Minn,, May 18.—(?)—Sheriff ‘There was no apparent abatement| He told newspapermen that after a|vate detective charged with black-| but worked to the detriment of lignite John ‘Krogstad announced Monday of the committee's hostility to oi hurried reading of the opinion he be- mallog J Say na eqn! as ae gern heheh, ae i a Loraine (Larry) Riggers bill as it passed the house. This leved it was “narrow” and confined utes) » Ene. Gel » W icKee, mem Hae etree te Tae clears af Sere {Roofs Torn From Barns, Chim-| representing modifications of Prest-|to construction. projects. for shifting | sail in default of $50,000 bond and A.| producers board for this area, said Keninger, 44, bachelor farmer near neys Blown Down in Area dent Roosevelt's suggestion for a| population under the resettlement ad- | Henry Ross, the attorney, is at lib-| he had no comment, > ow much The younger Smith, son of the for- Riggers’ case will be brought before |,.cnel capacity granary rested atop|UPOn how much of the income was) A spokesman for Harry L. Hopkins retained by the concerns. ng |mer governor of New York state, Judge James E. Montague who opens}. oid steam threshing engine on the id eapeyreny nid wpral pi would'| charged he was forced to pay $12 N N D. DURING AP RIL the spring term of Norman county |sier ranch near here Monday, lifted E i dows Canvict under threats of exposure of a tryst district court here Monday. there ached cy- With congress in session, he said, County officials, directed by Rig- | cione a hg air Ti f Eluding La the act could be amended to meet the ey ONDE empresa hotels) gers’ instructions, this forenoon were | “The wind tore the roofs off several res of Eluding Law | court's objections. ae ness searching for the death weapon, & 32/narns between here and Napoleon and The resettlement administration| the grand jury. Hastings said the: Total Sales Show Slight De- caliber automatic pistol. Gil considerable other damage to trees| Tired of eluding law enforcement |had been allotted #230,308,400 of the| Would enter-pless te the cranes prot| crease Over 1935; Bis- The sheriff returned late Sunday|ang farm buildings. Several chim- | Officers after a little over one month’s| works relief fund. ably Tuesday in general sessions , neys were down in the areas where | {freedom from the Iowa state peniten-| Hopkins’ works progress adminis-| court, marck Ranks Second the wind blew the hardest. bid at Fort ee: Bivey. Porter enon nee gaccctrad the largest ‘The empty granary was carried over vered himself Sheriff Fred | amount of $1, C ‘ i x chien e20p and 6 Ean par A ee usa to eve | The Cetemetaet Us Yau __,|Policeman Shaken Off |, comcousr curing apr to tae the and ex] on of > swee| opinion of the H More Service Means balanced expertly oo oPing ene |10-year term for the larceny of an|indicsted that osname tome cy) Rum Smuggling Plane total sales for the first four months More Taxes in State|gine. Te ranch, owned by the Pat-| automobile, escaped. trom the Iowal projects were constitutional, saying: » | alan aae terson Land Co, of Bismarck, is run|Prison farm, where he was s trustee | “We are not here confronted with| New York, May 18—()—An air- igures 543 passen- Peter Severe =. March 7 in an inspector’s automo- ger and 292 commercial vehicles dur: Minot, N. D., May 18.—(#)—North | by Horrup. io an appropriation for internal im-|plane suspected of post-prohibition Dakotans have no cholce but to look dust storms accompanied the | bile. a he |Pfovements of s national character 1 pe Denn ele ae ae for increased taxes if they want to/high wind. Sromiog oust o Nebraska, he lor importance, or the erection of pub- sales, s Passen: maintain schools, abandoned te car, Sle. acinar. lic buildings or the grant of loans to|both sides of the border Monday after Commercial state services — made his way north to Bismarck. = raps inne watereand| Landon Beat Borah by |i‘ b'eas'vy wary crgit'h| scum t cany oui |i Bot sen og og Pole A wi extra- [PY ” ford sud bere Monday at © mertog| 257 Votes in 8. D. Poll ction and is being heidi the cout | it Watt SOU i, “MP ‘Not pollticians but practical tax- Pierre, May 18—(?)—The Jail until Iowa offi arrive. Jectives a well-beaten path b; which minded men are needed for the next | of; akeray ie m to supply the omitted teas that seasion of the legislature to solve the | ary Autos and Lake Claim |ex<.” he Oo : : peer poogae problem of the state . Alf 4 Lives in Northwest! procrams 10 coNTINUE ip INN. D,, CHIEFS ASSERT Gave pursuit, St. Paul, May 18.—(#)-—Automobile| Resettlement and Works Progress activities in North Dakota will con- Fif Nor can state expenses be tinue until orders to the contrary are Bismarck Runs th greatly reduced, leaving Uttle choice dged received from Washington, in spite of In ‘U’ Sweepstakes but to find new sources of state rev- 17, & District of Columbia court of ap- — enue, he said. itomobile crashed |peals order ruling the 1935 relief act : invalid, officials here said Monday. JAC Holds First Stag At May Meeting Today