The Bismarck Tribune Newspaper, July 16, 1937, Page 1

= i _ Telephone 2200. THE BISMARCK TRIBUNE ESTABLISHED 1873 Roosevelt Demands Court Bill Passage North Dakota’s Oldest Newspaper BISMARCK, N. D., FRIDAY, JULY 16, 1937 PRICE FIVE CENTS The Weather Generally fair tonight and Saturday, warmer Two More Victims of Mine Explosion Near Death Soviet Consul Greets Fliers BODIES OF 20 ARE TAKEN FROM SCENE OF GAS EXPLOSION Federal and State Investigators Grope Through Gloom Seeking Cause FAMILIES CLAIM DEAD ONES 174 Miners in Underground Passageway Escaped Full Force of Blast Sullivan, Ind. July 16—()—State and federal investigators groped Fri- day through @ fog of gloom envelop- ing this community for an explana- tion of a sudden underground gas ex- plosion which cost the lives of 20 coal miners. Seared, mangled bodies of the vic- tims, removed from the scene of the blast 212 feet below: the surface of the Glendora coal company's Baker mine near here, were taken to Sulli- van’s two mortuaries, where relatives sadly claimed them. Families of the dead miners were mall too grieved to talk about funeral plans, Nine other miners were injured, four seriously enough to remain in Mary Sherman hospital here. Two of them may die. One hundred seventy-four miners escaped the force of the explosion Friday. They organized rescue efforts and brought the injured to the sur- face, but fire and poisonous gases Senate Honors Robinson Capitol police lowered the flag on the senate office building in Wash- ington to half staff as a tribute to the late Senator Joseph T. Rob- inson of Arkansas, majority leader of the senate. Behind the flag is the dome of the capitol, where the veteran senator was leading the fight for the administration’s court reorganization bill. Robinson died in his Washington apartment at the age of 64. Torrential Rains preven them from reaching the lead. Representatives of the federal bu- reau of mines, the state bureau of mines and and the Indiana in the disaster, one of the Worst in Indiana’s, mining his- tory. CROONQUIST, KISE EVEN AT 22ND IN SEMI-FINAL MATGH High Wind Hampers Play; Red- wood Golfer Won 3 in Row to Square Contest Croonquist Was 2 up on Kise at the end of 25 holes, Minneapolis, July 16,—(#)— Neil Croonquist, Bismarck, N. D., and Pal- mer Kise, Redwood Falls, still were all even at the end of 22 holes in their 36- hole semi-final match in, the. Minne- sota amateur golf tournament at the Country club. They halved the’ 19th end 20th holes. Croonquist won the ist and Kise the 22nd, Bobby Campbell, Country club, was three up on Dick Tang, University, at the end of 26 holes. Croonquist and Kise were all even at the halfway mark. Campbell was one up on Tang at the same stage in the other semi-final match. A heavy wind hampered play. Three down at the end of 12 holes, Kise won three holes in a row to square up matters, with the last three being halved: Disrupt Traffic’... by Clourbursts in Widely Scattered Areas Railway and highway travel in ‘sections of western North Dakota and eastern Montana were disrupted Fri- day by torrential rains that climaxed four days of intermittent showers in the northwest, Gov. Roy E. Ayers of Montana and M. L, Wilson, undersecretary of agri- culture, en route to Williston through northeastern Montana were delayed by the worst flood in Bainville’s his- tory. Waters ripping down Shotgun creek there tore out a quarter-mile section of the Great Northern main line and many spots on trunk highways, the Associated Press reported. Water ran 8 feet deep over U. 8S. highway No. 2. At. Poplar, Mont., 3.05 inches of rein was recorded. In North Dakota damaged highways were reported southwest of Mandan in the Cannonball river country. Ex- tensive hail damage occurred in the Dickinson vicinity. Fair and Warmer For the 24 hour period ending at 7:30 a. m., Friday, O, W. Roberts, federal weather observer, reported .61 ipches of rain had fallen. ‘The week of cloudy and showery weather was forecast as clearing with a prediction for Friday night’and Saturday of gen- erally fair and warmer. Thuraday’s general rains were heav- fest in the extreme east and central western portions with Pembina in the rortheast corner recording a 2.59 inch fall while Dunn Center and Parshall 90 CASUALTIES IN NORTH CHINA WAR’ Nippon Soldiers Rush Fortifi- cations in Attempt to Isolate Peiping (By the Associated Press) A Japanese official declared Friday Japanese casualties in North China have climbed to 20 dead and 60 wounded. * Two new deaths, he said, occurred Thursday in clash betwéen a Chi- nese force and Japanese troops at the Huangtsun station, eight miles south of Fengtal on the Peiping-Tientsin railroad. Chinese reports said Japanese forti- fications were being rushed in a wide semi-circle to isolate Peiping from the rest of China, Japanese, Korean’ and wealthy Chinese residents began to flee. Peace negotiations were understood ‘o be proceeding at Tientsin. The Japanese war office disclosed at Tokyo it was informed of strong Chinese troop movements to support the 29th army at Peiping and Tient- in the west reported 1.51 and 1.32, re- | gin. 435 365—41—81 Campbell, 1934 champion, stood one up over Tang at the end of nine holes. Campbell had a two over par 37 ied nine holes, while Tang needed At the end of nine holes Croonquist was two up over Kise. spectively. Rain also fell in the dry northwest- ern corner of the state with Crosby getting .75 of an inch and Williston 81 to bring the total precipitation for the past 48 hours to over an inch at both stations. Other state points benefiting from good rains Thursday were Grand Forks 1.10, Sanish .94, Bottineau, 90, Dick- inson .77, Bismarck .61, Garrison. 42, Beach .41, Max .50, Devils Lake .38, Jamestown .29, Napoleon and Carson 28, Wishek 37, Minot 23, and Drake 12, Trains Held Up Man Hit by Freight ‘Trains were held at Williston, N. D, Will Lose Right Arm|piits %o tne aemaged right of way, Missoula, Mont., July 16 —(®)— Frank Pruitt, about 30, a transient, was struck by a Milwaukee freight train here Thursday night and will lose his right arm, physicians said. He may also lose his right leg. He Was found lying beside the tracks. Authorities said they believed his home is in Omaha, Neb. DE, PAYNE ELECTED Fargo, N. D., July 16. . John W. Payne of Crosby, N. D., was elected Fresident of the North Dakota Chiro- Bractic association at its annua! busi- ‘Dess session here and Mandan was se- lected as the convention city for 1938. Other officers elected are Dr. H. Blanchard, Grafton, vice president; Dr. Glenn Hulett, Valley City, re- Named secretary-treasurer. Breaks Arm to Get At Pipe, Forgets It | Kansas City, July 16.—(4)—John Bell had to borrow a cigaret when he got to the hospital. but railroad officials said they hoped tu have traffic moving regularly by nightfall. Rain was general over the crouth - stricken eastern Montana area Thursday, but Governor Ayers said it came too late to aid shriveled grain and hay. “It will aid ranges and pastures though,” he added. At Argyle, Minn., the rainfall totaled 3.13 inches for 24 hours. The tempera- ture there dropped to a low of 53 de- grees. fainnesota points reporting rain in- cluded Crookston .63 inch; Detroit Lakes .27; Moorhead .06; Grand Rap- ids 02 and Worthington .01. A trace of rain fell in Minneapolis, where the temperature dropped to 63 degrees. Lemmon, with .26 inch of rain, and Rapid City, with .06, were the only South Dakota points reporting pre- cipitation, The temperature was 54 degrees at Lemmon for the coolest weather reported in the state. PROTEST HIGH TAXES Fargo, N. D., July 16.—(#)—Declar- been assessed for approximately twice the amount of their actual market value, representatives of the Cass ing farmlands in Cass county ie | ‘The war office, mobilizing on a na- tional scale, began calling reservists to the colors. Sir Hugh Knatchbull-Hugessen, British ambassador to China, con- ferred with Chinese and Japanese at Ns to “keep in close touch” with the situation but not to mediate. Peiping itself was ominously quiet. No fighting between Japanese troops and the 20th Chinese route army was reported anywhere in the area for the first time since they clashed a week ago Wednesday. Chinese charged that the Japanese garrison held il- Jegal night maneuvers in the hope an incident would: be created that would an excuse for further encroachment in North China. The Chinese reports said the Jap- | topsy, anese army hed taken advantage of the lull in fighting to rush work on the line of entrenchments that would cut off Peiping and the 37th division of the 29th army from the rest of China. Throughout Thursday and Thursday night soldiers were throwing up for- tifications along the semi-circle stretching from Tung-Chow, 12 miles east of Peiping, to the vicinity of Marco Polo bridge where the orig- inal clash occurred July 7. The work of entrenching the road from Tung-Chow, capital of the Jap- anese-influenced East Hopeh regime was said to have been completed by the Japanese garrison there and the East Hopeh militias. The city was practically empty of Japanese civilians, All trains were jammed with them fleeing to Tient- sin, the headquarters of the Japanese North China garrison, 60 miles to the southeast. POWER COMPANIES MERGE Ottawa, July 16.—(—The Cana- Gian Hydro-Eledtric Corp. Lid., and County Taxpayers’ association and| its subsidiary, the Gatineau Power farmers Thursday appeared before; Co., Ltd., were one organization Fri- the county board of commissioners.| day following approval of = merger sitting as an equalisation board, and| by shereholdérs of the former cén- requested a lowered assessment | cern. HERSCHLEB DEATH VERDICT CHARGES HOSPITAL NEGLECT Cause of Veteran’s Demise: Not Established by Burleigh County Coroner’s Jury CONFLICTING STORIES TOLD Mysterious Phone Call Uttering Forewarning of Death Is Written Into Record - An open verdict, which failed to establish the cause of death which charged employes Jamestown state hospital for the in- sane with neglect was returned late by the Burleigh county jury of three, after hearing the testimony of six witnesses and Ustening to numerous depositions, rendered this verdict: “Herschleb died from cause or causes unknown. The evidence shows neglect on the part of various em- ployes at said institution (state hos- pital) in failing to properly care for deceased after he received cer- tain injuries while he was there.” The six witnesses were Ernest at the hospital recently. A bath attendant testified. that Herschleb slipped and fell ‘on the bathroom floor. That Herschleb had hit his jaw against an ice-box and had fallen against a sink were also offered as explanations. “We couldn't put our finger on anyone who could give us the straight facts on what happened down there,’ testified Miller, who made an inde- pendent investigation at the request of Gov. Wm, Langer. “I don’t think he received those injuries from falling,” he said. Bruises Many on Body Examination of Herschleb’s body revealed numerous contusions and abrasions in addition to the broken jaw. . A mysterious telephone call warning of impending violence to Herschleb figured in the inquest. Robert Dohn, 432 Mandan 8t., ser- vice eee the Sarid is amet ne Legion was phone one evening shortly before Herschleb’s death. according to a de- position he made before Miller. “They are going to do away with Harry,” said a male voice, according to Dohn’s testimony. Dohn asked & question and the voice repeated: “I just wanted to let you know that they are going to do away with Har- ty,” and hung up. The call came from a Mandan pay station. Mother's Statement Read A statement by Herschleb’s mother, in which she claimed @ doctor at the hospital had told her that the break in her son’s jaw was a year old, was read into the record. Dr. Brandes, who assisted in the autopsy of Herschleb’s body, testified that the fracture was “very recent.” Hospital doctors said maniacal ex- haustion caused death. Brandes said that exhaustion is a factor in causing death, “especially among maniacal patients.” “The jaw fracture could be a con- tributing cause, but not in itself @ cause,” he testified. Brandes said he thought treatment could have caused bruises found on Herschleb’s body and that they were not necesesarily the result of vio- lence. Doctors Are Not Certain Dr. Pierce, who performed the au- , said he was unable to state definitely the cause of death. Absence of rigor mortis to a large degree points to exhaustion as at least @ partial cause, he testified. George 8. Register, Burleigh county state's attorney, questioned the wit- nesses. A. E. Shipp was acting cor- oner. The jury was composed of L. M. Dorum, E. F. Trepp, and Kelly Sim- onson. Commissiosers Meet To Discuss Hay Plans Williston, N. D., July 16.—()—Com- missioners from five northwestern drouth counties met here Thursday with the special committee appointed by Gov. William Langer to discuss plans for haying operations on state land in seven counties in Central North Dakota. A committee of two from each coun- ty was named to look over the area Saturday and Sunday after which or- ganizations will be effected to send haying crews into various sections to cut and bale hay. The plan is to ship hay to central distributing points in each county and Sas Budget. Estimates .__... MORE THAN SEVEN AND HALF BILL ALREADY SET ASID Economies Bring About $300,- 000,000 Saving Under day. ‘This includes an estimated $133,- 298,999 for the interior department, whieh the house may cut to some extent before giving final approval next week. The budget bureau recommended general expenditures of $7,834,036,- 159.59, while the comparable appro- priations for last year were $8,703,- 324,108.52, Although an economy campaign re- sulted in holding funds some $300,- 000,000. under the budget bureau's recommendations, this year’s appro- priations would be more than $1,000,- 000,000 ahead of last year’s had not Congress voted $2,237,000,000 in 1936 to pay the soldiers’ bonus. Including miscellaneous appropria- tions, such as those to pay claims against the government, permanent and indefinite appropriations, grand total approved by congress last year was $10,336,399,272.65. Using the estimate for the interior department, appropriations for regu- lar federal activities have aggregated $4,547,047,903.63 this year, compared with budget estimates of $4,885,513,- 517.25 and last year’s total of $5,959,- 673,860.05. JULY WHEAT LEADS ADVANCE IN PRICES Ascension Reflects Unfavorable Crop Reports From Spring Grain Belt Chicago, July 16—(7)—July wheat shot up 5% cents above the early low point Friday, leading an advance of wheat prices in major North Ameri- can markets that reflected unfavor- able crop reports from the northwest spring wheat belt, particularly in Canada, September and December wheat, which rose more than 4 cents at one time to 1.20% and 131%, were at eight-year peaks. The July contract soared to 1.20% before profit taking sales caused a re- action of about 2 cents. All wheat contracts at Winnipeg rose the daily 5-cent per bushel limit at one stage. Chicago wheat closed with net over- night gmiae or 210 710) 48) cents a Picard Prepares for Multi-Balloon Takeoff muske it available at actual cost of asad tay ahipping. Consul General Grigori Gokh- man of San Francisco extended the greeting of his Russian coun- trymen to the three Soviet avia- tors who flew from Moscow to San Jacinto, Cal. for a new dis- tance record. Their direct air- line distance was 6,262 miles al- though they flew much farther in avoiding bad weather. Shown here at March field, left to right: Pilot Mikhail Gromoff, Gokh- Yumo- man, Co-pilot An arett and Navigator Sergei Dan- ASHINGTON PAYS TRIBUTE TO DEAD DEMOCRAT LEADER President, Cabinet Members, Diplomats Attend Funeral of Dead Leader July 16.—(7)—The na- of frock-coated dignitaries marched into the gold-and-marble senate chamber for @ simple state funeral. ‘The air was heavy with the fragrance of flowers. Spectators crowded the the | galleries. The dead leader’s massive silvery casket, almost hidden by wreaths, occupied the center of the hall. An arm’s length away stood the empty chair Robinson had used during the Aast of his 24 years in the senate. Special seats flanking the bier were occupied by his immediate relatives, Mrs. Robinson, her brothers, Charles and Grady Miller, and their families; Joseph Brewer and Joseph Robinson, Jr., nephews of the senator, and their wives. Mrs. Hattie. W. Caraway, Robin- son’s colleague from Arkansas, sat next to his vacant chair in the front row. She was dressed in black. The widow wept as the Rev. ZeBar- ney T. Phillips, senate chaplain, in- toned the century-old Episcopal ser- vice. Uses St. John’s Verses The grey-haired minister intoned @ few verses from the gospel of St. John—‘In my Father’s house are many mansions’—as the audience sat in reverent stillness. During the reading, President Roosevelt sat with his hands clasped in his lap and his eyes downcast. ‘The president with his cabinet and military commanders, supreme court justices, and envoys from every nation were allotted seats near the center of the spacious, marble-columned room. Senator Robinsons body will lie in state until shortly before 10 p. m., when a special train will carry it to Little Rock for burial Sunday. Mrs. Robinson, about 50 senators, and from 20 to 30 representatives will be on the train. ‘At Little Rock the party will be joined, by Vice President Garner, one of Robinson’s closest associates. PROPOSES MRS. ROBINSON AS HUSBAND'S SUCCESSOR Little Rock, Ark. July 16—()— Former Gov. J. M. Futrell issued a statement Thursday aserting that Mrs. Joseph T. Robinson is the | “logical successor to her distinguished husband for his unexpired term.” Gollnick Is Given Full Penalty for Assault Grand Forks, N. D., July 16—(7)— The maximum sentence for assault and battery—30 days in jail, $100 fine and costs of $436.94—was impos- ed Thursday on Emil R. Gollnick by District Judge Dantel B. Holt. Tried on « first degree mansiaugh- ter charge in district court for death of William Ritz, Golinick was con- victed of assault and battery. Gollnick was charged with man- slaughter after Rits died June 18 fol- lowing injuries allegedly inflicted by jGolinick if a fight June 1. | | CLASH OF NATIONAL INTERESTS MAY BE DOOM OF EDEN PLAN Requirement That Foreign Vol- unteers Be Withdrawn From Spain Is Catch London, July 16.—(7)—The British lor keep- ing European hands off Spain was Powers resumed afternoon delib- erations. London, July 16.—(#)—Success of the “Eden plan” to give Spain’s war back to the Spaniards and let them keep it was threatened Friday by a clash of Franco-Russian and Italo- German interests as envoys of 27 European nations gathered to dissect the scheme. French reservations to the compro- mise plan threatened to leave the monsiniervention Powers still dead- ed. ‘The meeting of the 27-power com- mittee recessed for several hours when Charles Corbin, French am- bassador to London, said he needed time to obtain further instructions. Whether the British compromise proposal to revitalize Spanish non- intervention eventually would come out whole was viewed by most observ- ers as hanging by this tenuous threat: Whether France and Russia on one hand and Italy and Germany on the Other could be reconciled to Foreign Anthony Eden’s require- ment that withdrawal of thousands of foreign volunteers from Spain be started before “limited” belligerent rights were granted to the Spanish government and Insurgent Generalis- simo Francisco Franco, In Paris, a foreign office spokes- man said France atill favored an ef- fective control system to keep men and materials of war out of Spain and elimination of foreign volunteers but could not approve even temporary recognition of belligerency until both these points had been fulfilled. The Soviet government's view was believed to be generally the same as France's. Britain was encouraged when both the German ambassador to London, Joachim von Ribbentrop, and Count Dino Grandi, the Italian envoy, de- livered speeches in which they an- nounced to the non-intervention group they were accepting the British plan as a basis for discussion. Germany and Italy, who have rec- ognized the insurgent junta as the de facto government of Spain, it was thought: would want belligerent rights accorded immediately with the volun- Lead question deferred as long as pos- The views expressed Friday, it was indicated, might be regarded by Britain as a test of the sincerity of those nations which have repeatedly professed their desire to maintain some system of Spanish non-inter- vention, Indian Is Sentenced - | Thursday Saturday. INJUNCTION DRAWS ANGRY REPLY FROM FOES OF MEASURE Opposition Rallies to Meet Challenge Offered in Pres- idential Letter RENEW LEADERSHIP FIGHT Opponents of Proposed Change Line Up Behind Harrison as Party Chief Washington, July 16—(7)—A presi- dential injunction that it is “the duty of congress” to pass judiciary legisla- tion at this session drew angry, de- fiant replies Friday from foes of the court bill. The armistice called after the death of Senator Robinson was shattered even before his state funeral at noon. “We will select our own leader and dispose of the court bill in our own way without dictation from any source whatsoever,” said Senator Van Nuys (Dem., Ind.). Senator Burke (Dem., Neb.), com- mented, “if the president is deter- mined to have the matter brought back to life, he will find the opposi- tion ready to welcome the contest.” Strike Back Vigorously Opposition senators struck back vigorously at the president's state- ment that he was expressing his views before Robinson's funeral because “I find that advantage is being taken of what, in all decency, should be a per- iod of mourning.” The tone of his statement and the replies of the foes gave a hint of the bitterness with which the senate de- bate will be resumed next Tuesday. President Roosevelt made his de- mand for action of court legislation in a letter to Acting Senate Leader Barkley of Kentucky. He followed it up with s conference night in = which he and Barkley and other senators can- vassed the legislative sifuation from every angle. Meet With President Only a few hours earlier four fresh- men senators had discussed the court issue with the president, and accord- ing to word passed around by their colleagues, urged him to let the con- troversial measure go back to commit- tee until next session. Opposition leaders quickly asserted they had enough votes to recommit the bill. But at a strategy conference, @ division of sentiment developed as to whether the motion to recommit should be made, or the fight carried Os for 8 decal ye vote on: tne legieletion itself. The opposition now has a three-vote margin in the lineup of publicly de- clared senators, the totals became 43 against, 38 for, 16 non-committal, and one vacancy. Foes reported the bill’s supporter already were negotiating for a new compromise to replace the one now before the senate. Intertwined with the court bill dis- pute was an increasingly heated un- Gercover fight over the Democratic leadership in the senate. Support Harrison Foes of the bill were lining up back of Senator Harrison of Mississippi, al- thought he once had declared for the measure, Most of those who have gone along with the court bill were working for the selection of Barkley. The president in his letter to Bark- ley left the door wide open to com- promise. After outlining the objectives cf his proposal, he said: “At no time have I or any member of my administration insisted that the ‘method or methods originally proposed be sacred or final except to point out that action was of immediate neces- sity and, therefore, that the process of constitutional amendment was an impossibility 1f the objective was to be attained within a reasonable time “An abandonment of judicial re- form, including, of course, all the fed- eral courts, because of the inability of @ majority of senators or a majority of representatives to agree on method and reach a vote, places the respon- sibility squarely on the congress of the United States....” Gladstone Pioneers Plan Annual Meeting Gladstone, N. D., July 16—()—Only two charter members of the Gled- stone Old Settlers’ association, Mrs. attendance at the 53rd annual Old Settlers’ picnic Saturday. Present officers of the association, founded 53 years ago upon the ar- rival here of a Christian colony from Ripon, Wis, are Charles Hagburg, president; Fred Dohrman, vice presi- To Nine Months Term Missoula, Mont., July 16. — (#) — Peter Paul Pierre, 24-year-old Flat- head Indian, was convicted Thursday of involuntary manslaughter in the death of Lawrence Finley, Indian octogenarian, last April, and sen- tenced to nine months in Camp Lewis, Wash., federal prison. Finley was fatally injured last March 20 when, it wes alleged he re- fused to leave a cabin owned by Pierre's mother. BRAINS FLOOD WARROAD Warroad, Minn., July 16. — (®) — Heavy rains that fell steadily here since Wednesday morning, early Fri- day had left in their wake crops se- verely damaged, basements flooded and 2 section of the city under water. : dent; Fred Bird, secretary, and John Dolvig, treasurer. Speaker of Assembly Loses Prized Watch Madison, Wis., July 16.—(7)— Paul Alfonsi, speaker of the as- sembly, returned to Madison Fri- day without the $50 wrist watch the legislature gave him as a token of esteem. He had placed the watch on & stand in the assembly washroom. A few minutes after he left he dis- covered he hed forgotten the watch. He hurried back, but it was gone. Alfonsi is looking for a stranger, & man about 25, who was in the washroom at the time,