The Bismarck Tribune Newspaper, February 5, 1937, Page 1

"| Telephone 2200 Sweeping Reorganization of | _U. S. Courts Pro House Bitterly Debates Courts and Constitution in Limelight CHARGES AGAINST WHELAN DROPPED ON SENATE'S VOTE Tables Turned on Frazier’s At- tempt to Investigate Agri- cultural College PASS REDISTRICTING BILL Governor Withdraws Motion to Reduce Motor Vehicle License Fee Bitter debate over charges involv- ing the state mil! and elevator and agricultural college kept the North Dakota house in turmoil Thursday while in the upper chamber, Senator Tom Whelan of Pembina was ex- onerated of charges made against him by Senator C. C. Morrison of Senator Morrison, in his resolution, had singled out Whelan, as Repub- lican campaign manager, in connec- tion with claims certain state prop- erty was in campaign headquarters. “Mr. President,” said Senator Mor- rison, “resolution H was filed by me in good faith, but after it was filed, and upon investigating the facts, I THE BISMARCK TRIBUNE St. Mary’s-Beulah Tilt Is Postponed Postponement of the Beulah- St, Mary's high school basketball game, which was to have been played tonight at the Bismarck high school, was announced Fri- day afternoon by Father Tracy, athletic director of the parochial school. Blocked roads and the snow storm were given as the rea- sons for the postponement. No new date for the game has been. set. Grant Writ To Oust Sitters General Motors and Union Con- ferees Struggle to Reach Settlement (By the Amociated Press) General Motors attorneys obtained ®@ court writ Friday ordering the ar- of strikers occupying two Fisher sical ae to enforce the writ “for the ie Representatives of opposing sides in the automotive strike met again Fri- day in Detroit to resume their search for an agreement that would end the 38-day old strike. An authoritative source said the con- ferees, assembled by Gov. Frank Mur- phy, were “trying to embrace more than at the Lansing conference.” He referred to the meeting which pro- duced the later-discarded “Lansing agreement” Jan. 15 for negotiating the union’s eight demands. ‘This source said the conference was North Dakota’s Oldest Newspaper BISMARCK, NORTH DAKOTA, FRIDAY, FEBRUARY 5, 1937 “ADVISERS QUSTED WITH ‘SPOKESMEN’ BY FOR'S COMMAND Mythical Mouthpieces of His Three Predevessors Are Finally Discarded ORDER IS DUE TO ARTICLE Magazine Story on Future of Democratic Party Inti- mated as Responsible ‘s “close adviser” to limbo alongside the “official spokesman” caused little mourning Friday in the Democratic high command, In fact, something akin to relief and glee was evident in orthodox i Interpreters of the U. 8. con- stitution are these nine black- Tobed jpstices of the nation’s su- preme court pictured above and now brought into the glare of public opinion by President Roosevelt's recommendation for government. Left to right the justices are: front row, Brandeis, Van Devanter, Hughes, MoRey- molds and ‘Sutherland. Left to of the Democratic party. Dr. High, & 41-year-old church worker and lec- BOOMS AS SAILORS END PACIFIC STRIKE Strikers Win Higher Wages, 8- president's close advisers.” High could not be reached for a statement. In his article, entitled “whose party is it?” the former editor of the Christian Herald said it seemed prob- Hour Day, Union Control of Employing San Francisco, Feb. 8—(P)—The 98-day Pacific coast maritime strike find I was in error as far as Senator | deadlocked over one point. Another Whelan is concerned. Therefore, t/reliable authority close to the pro- request the permission of the senate} ceedings revealed that the only ob- able that Vice President Garner was|that cost an estimated $66,000,000, ngieer” movement -|paralyzed commerce on the sea and bev ceratie, parts ‘te, the|slowed industry on land, dissolved to withdraw resolution H.” Di Committee Senator Whelan then made a mo- tion, which the senate passed, that the committee appointed to “investi- gate” charges against -him be dis- said Senator Whelan, bi am personally satisfied that Senator Morrison acted in good faith when he made these charges. They were delivered to him by people whom at that time he did not. know. I am absolutely satisfied he made the charges in gootl faith and Wi rison’s desk and shook hands with the Kidder county senator. The sharply-worded resolution aimed at the mill and elevator by administration forces was adopted by the house by @ viva voce vote after heated debate in which political af- filiation of former Manager A. F. Bonzer, Jr., was discussed. Would Probe College Rep. Frazier’s motion was for ap- pointment of a committee of three to investigate, with a like committee from the senate, the alleged activities at the agricultural college. ‘A substitute motion by Rep. Twichell that Frazier’s motion be amended to investigate the state board of admin- istration was quickly approved by the house and then Frazier’s motion was edopted. During the swift-moving action on the motion, the author of the original idea of appointing a committee of three, Frazier of Divide, attempted to withdraw his motion but ruled out of order because the amendment al- ficial duties,” Frazier’s resol (Continued on Page Two) stacle was the extent of recognition (Continued on Page Two) 2 NAMES ON JUDGE'S LIQUOR ‘BLACKLIST Others on Verge of Boarding ‘Water Wagon’, Police Magistrate Avers town for at least two men whose names have been placed on Police Magistrate E. 8. Allen’s “blacklist.” Several other are on the verge of being forced on the “water wagon” by virtue of having been ar- rested once for drunkeness, Allen “If they are caught again in that condition, I’m putting their names with the others,” Allen said, “I gave each one fair warning when they appeared before me the first time.” A copy of the “blacklist” will be posted in all retail hard liquor es- "| sald. toxicating beverages to those - per- sons, under provisions of the re- cently-approved city Lea head ordinance. * president’s first term was not Old before he passed a “death White House “spokesman,” that mythical figure Coolidge SENATOR JOHNSON'S ORATION IS WINNER Wahpeton Student - Legislator Captures ‘U’ Prize for Second Time first and a $30 prize in the Merrifield same time, and Forks took sec- Fridey into a rush back to work by the 40,000 strikers who tied up 239 ships, Disputes involving waterfront work- ers remained unsettled at two ports, but signing of new contracts Thurs- day night by shipowners and the marine unions closed cept in one instance, accepting nego- tiated agreements. These generally provide higher wages; union control of hiring longshoremen and unli- censed seamen; the eight-hour day or less, and adjusted working conditions. Licensed officers and engineers got wage increases and union recognition. Maritime firemen rejected an agree- ment which their negotiating com- mittee did not recommend but will vote on a revised agreement, mean- while returning to work. A strike of tug-boat deckhands in San Pedro, and a stand of east coast seamen and truck drivers were irri- tants in the Southern California har- bor, Walkouts here of several unions affiliated ‘with the International Longshoremen’s association remained unsettled. Man Lost in Mine 8 Days Found Safe Lindberghs Postpone Flight to See Sights Rome, Feb. 5—(#)—Col. and Mrs. Charles A. Lindbergh devoted another day Friday to sightseeing in’the Eter- nal City, after postponing their take- off for Tripoli on a flight presumably to Cairo, Egypt. The American filer's orange and black touring monoplane waited while he and Mrs, Lindbergh visited the Vatican museum and the ‘Sistine chapel in privacy guarded by Italian police. . GUILTY OF ARSON Cavalier, N. D., Feb. 5.—(#)—Bern- ard Galle, farmer southeast of Ham- iiton, was found guilty of arson in the first degree by a jury in Pembina district court here Thursday. He was charged with burning his farm home |Iast September. Suitor Continues His — Sit-Down coe an sus- sartorially, 30- unwrinkled year-old Harold Hulen passed the 50th Florence Hurlbut, 20-year: brunette, the object of Hulen’s well- advertised affections, remained obdur. ate in her refusal to accept his pro- She reiterated, in her most sloof that unionization Love Strike} There were some who wondered how Hulen managed to stay so smbothly shaven, for instance. Could it be that .| called to Mike Stanko, Jr, Edward) day, 36-Year-Old Mail Carrier Is Lo- cated Two Miles From Entrance Flemington, W. Va., Feb. 5.—(?)—' Robert Johnson, lost for eight days in Debris-filled passageways of an abandoned mine, was carried to safety Friday, alive, well and puffing happily on a cigaret. “I’d given up all hope,” said the 36-year-old rural mail cartier to rescue workers who found him nearly two miles from the mine entrance early Friday. Johnson, who carted coal from the mine in his spare time for sale to neighbors, was found huddled be- hind a heap of jagged chunks of Rescue crews at first expected dif- ficulty in removing the slate, but had little trouble reaching the im- Three of the scores of volunteers who had searched the mine day and night since Johnson ared Jan, 27, heard his feeble cries for help while exploring a narrow tup~ His first words were to assure him- self he hadn’t merely imagined a light had cut through the dark. Cc. P. Pride, assistant safety di- rector for the state department of mines, quoted him: “I told myself ‘Bob, please don't lose that light.’” He didn't. Calls to His Friends As the rescue party came closer he Whitehair and William Westfall, all his friends and neighbors: “Take your time, I'll guide you by tt your (Continued on Page Two) The Weather Snow probable tonight and Saturday; colder Saturday. PRICE FIVE CENTS posed by FDR Two Investigations President Seeking Power to Multiply Number of Judges Recommends Method for Speeding Up High Tribunal Decisions on All Questions That Involve Constitution Issue of Constitutional Law Not Raised by His Proposals, President Says; Retirement of Elder Jurists Is Discussed _ Washington, Feb. 5.—(AP)—President Roosevelt in a sur- prise message to congress Friday recommended a sweeping reorganization of federal court machinery, including an increase in judgeships of the supreme and lower courts and a method for speeding high court decisions on constitutional questions. In a tentative draft of a bill accompanying the message, the president would be given the power to increase the supreme court by a maximum of six justices to 15, and the lower courts by two members each unless judges over 70 retired. “These proposals do not raise any issue of constitutional Bey the president said, listing four specific recommendations as follows: 1—Power for the president to nome inate an additional judge in any court when an incumbent has reached the age of 70, has held office for 10 years and within 6 months after reaching ‘70 has neither resigned or retired, UNYIELDING LEVEES REPULSE INCREASED |" ost see PRESSURE OF RIVER| 25 Mi 3—Provision that no decision, ins junction, judgment or decree on any constitutional question be pro! by any federal court wi sippi Dropping Slowly at iro But Climbing -~ 's greatest crests Fri- day while rehabilitation, control and relief problems engaged the flood. scourged Ohio valley and the nation’s congress. Army engineers maintained a force of 120,000 river fighters along the de- fenses to keep the country’s worst fiood from multiplying its cruel toll message of 381 dead, nearly 1,000,000 homeless|accompanied by a letter from Ate in +. torney General asserting delay in administration of justice “is the outstanding defect of our federal Judicial system.” Before se: the bulky tle won but promised a ceaseless watch for days or perhaps weeks to come, Bill Before Congress President Roosevelt's $5,011,000,000 went over the whole subject at a special cabinet meeting attended also by Vice President Garner, Speaker Bankhead, Democratic leaders Robin= posal | (Dem., Texas) of the senate and house the Ohio and Mississippi in combina- tion with a six-year program of public Senator Norris, Nebraska, “daddy” of the Tennessee Valley authority act, offered a proposal to handle the fl problem by creating “enough TV. to cover the entire country.” Such a program, he contended, would mean “the maximum navigation develop- ment, the maximum flood control, the maximum reforestation, the maximum correction of soil erosion, and the maximum amount of power.” Along the Ohio the hardest hit towns emerged further from flood waters and began thinking in terms of as stores reopened to meet buyers’ long-denied needs. The Ohio overflow continued to re- treat from Louisville at the rate of three feet a day, leaving the city with an acute housing . problem which Mayor Neville Miller planned to dis- cuss with Harry Hopkins, WPA ad- ministrator, en route there with the federal flood relief commission. In Evansville, Ind., Thursday Hop- kins promised southern Indiana and other Ohio valley sectors plenty of WPA employment for emergency re- habilitation. Far to the west, southern Oregon fought flood conditions brought about by rain and melting snows that sent streams over-flowing over highways. Cairo Still Watches Cairo, just past a memorable crisis, saw-the yellow tide of the Ohio begin| to a slow recession, but maintained its vigilant watch on sea wall and sand- bagged levee. Hickman, Ky., nestled snugly and apparently safely behind its concrete flood defense. At Hickman and around the Miss- issippi’s hairpin bend to New Madrid, Mo., the river fell slowly. Downstream, the river still was on the rise. It edged up to 47.69 feet on the Memphis weather bureau gauge Thursday night, with a crest of 48 feet due in a few days. A rise, too, was recorded at Helena, Ark., where the river gauged slightly above 58 feet, MONTANA EDITOR DIES Miles City, Mont., Feb. 5.—(?)—Ed- win A, Jones, editor and publisher of the Powder River County Examiner at Broadus, died of pneumonia Thurs- POPE MUCH BETTER Vatican City, Feb. 5.—()}—A “nota- ble” it in the condition of Pope judiciary committees. This meeting caused a half hour delay in the president’s regular press conference at which he read the ene tire message and explained it, Is Not Compulsory He said he was urging no compule sory retirement of judges but asserted the necessity for “relieving present congestion extends to the enlargement of the capacity of all the federal courts.” He added, however, that a part of the problem of obtaining a sufficient number of judges to dispose of cases is the capacity of the judges theme selves.” “This brings forward the question of aged or infirm judges—a subject of delicacy and yet one which required frank discussion,” Mr. Roosevelt said in his message, 25 Judges Over 70 ‘The president said there were 237 life tenure judgeships in the federal courts, 25 held by judges over 70 and eligible to leave the bench on full Pay. Life tenure, assured by the consti- tution, he said, was designed to place the courts “beyond temptations or influences which might impair their judgments; it was not intended to create a static judiciary. A constant and sysematic addition of younger blood will vitalize the courts and bet- ter equip them to recognize and ap- ply the esesntial concepts of justice in the light of the needs and the facts of an ever-changing world.” The bill would limit the total nume ber of judges to be added 50, Six of the present preme court justices are under the proposed bill : the capitol, the chief executive 5 E 8 oy Et lull E i: