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Telephone 2200 THE BIS ESTABLISHED 1878 North Dakota’s Oldest Newspaper BISMARCK, N. D., FRIDAY, AUGUST 13, 1987 MARCK TRIBUNE The Weather Generally fair tonight and Saturday; warmer PRICE FIVE CENTS tonight. Artillery Duel Shakes Shanghai Area enate Judiciary CommitteA OVE T0 HOLD UP {Prospective Justice Has Been Consistent New Deal Advocate} WAGE-HOUR BILL ACTION REJECTED BY SUBCOMMITTEE all Members But One Vote in Favor of President’s High Court Nominee . ELIGIBILITY QUESTIONED ttorney General Rules Ala- bama Senator's Appoint- ment Would Be Legal Washington, Aug. 13—()—A senate Sudiciary committee swiftly approved ‘iday the nomination of Senator Black (D., Ala.) to the supreme court. It acted only minutes after Presi- Hent Roosevelt told a press confer- nce Attorney General Cummings had informed him that it was perfect- ly legal and constitutional to appoint Black of Alabama to the supreme surt, The judiciary subcommittee of six members voted to report Black’s nomination favorably, after rejecting move by Senator Austin (R., Vt.,) 0 hold up action pending study of legal questions involved. All members of the subcommittee xcept Austin voted for approval of ie nomination and rejection of the New Englander’s proposal for delay. Chairman Ashurst (Dem., Ariz.), announced later the full judiciary ommittee would meet Monday when presumably it will receive the sub- ommittee’s report. Ashurst predicted the senate would confirm the nomination by Thursday jof next week. Some details of the secrecy in which Black’s name was sent to the senate ere brought out at the president's onference with newsmen. Enlarge - Asked when he decided to nominate Benator Black, Mr. Roosevelt said he ould not disclose when he made de- the nomination certificate with his own hand and told vance of its When asked Btephen T. Earl head of time, the ind explained his tardiness in receiv- ig the newspapermen Friday was fue to his and Early’s apologizing to ach other on that score. At the senate committe hearing, ustin questioned Black’s eligibility inder the recent act of congress pro- riding for retirement of supreme court justices at full pay. He suggested it might make any member of con- ress ineligible either on the basis of reating a new office or of increasing le emoluments of the office. Questions of his eligibility had been aised from the first by some senators. who, like Austin, cited his member- lp in the senate during action on e supreme court retirement bill. Opinion Given Informally It was to answer these that the President made known the opinion pressed to him informally by the ttorney general. The sub-committee in effect, voted © report Black’s nomination favor- bly to the full committee. Birmingham, Ala., Aug. 13—(*) —Fire turned Augo L. Black from ®@ small town law practice to the Political career which led to his nomination for the supreme court. Born in rural Alabama in 1886, the son of a storekeeper, Black worked his way through law school and set up law practice in his na- tive town, Ashland. When fire destroyed the building housing his office, he moved to Birming- ham, then a growing industrial center. Four years after his arrival, he was appointed to “clear the dock- et of pending cases which caused Jail to be filled. He then became MEN HUNT THROUGH RUINS FOR BODIES OF MISSING WOMEN Grand Jury May Investigate Tenement Disaster; Other Buildings Evacuated New York, Aug. 13—(P)—Seeking two missing women, 150 firemen and police dug Friday in the desolate ruins of a Staten Island tenement building which collapsed during a rainstorm, killing 19 persons. They ordered a steam shovel to help sift the tangled, sodden wreck- age beneath which they expected to find the broken bodies of Olive and Louise Heinz. District Attorney Frank H. Innes said he would ask a grand jury to in- vestigate the cause of the disaster Monday, Three other investigations were also underway. buildings for the victims—Patrolman Joseph J. McBreen, a rescuer, six women, five children and seven other men. Hos- pital physicians said the condition of tary. | four injured was “fair.” Between 40 and 45 persons were made homeless when police ordered seven nearby buildings vacated as a precautionary measure. MAY USE MONI TO PROCURE FEED $5,000 Was Transferred From State Emergency Fund to Welfare Board Friday that $5,000 transferred the state emergency fund to the lic welfare board may be used revolving fund to finance Chairman Neely (Dem., W. Va.), of | *!es the sub-committee immediately tried ito get in touch with Chairman Ash- jurst (Dem., Ariz.), of the full com- pnittee, to eall a meeting of that group ither Friday afternoon or Saturday 0 act on Black’s nomination. Regarding the question of Black's ppointment under the constitution, Neely held it was not the duty of the ub-committee to “construe the onstitution.” Senator Borah (Rep. Idaho), an- nounced he was voting for confirma- ition of Black on the basis of his per- sonal fitness for the office, and with- out regard to the constitutional ques- fons. He reserved the right to raise them later, The motion to report the nomina- ion without further delay was made by Senator Dieterich (D.-Ill.), after he committee had discussed eneral’s views on the Black nation & @ preas conference pegan simult with taneously Ing on Capitol Hill of the senate ju- Hiciary subcommittee named to CON- jbors projects. selection. der the The said ’s opin- or preening ome me ot the supceme The president's original court bill, which would have authorized him to hame as many as six additional jus- oo as shelved by the senate last Month, ITALIAN SOLDIERS MANEUVER Palermo, Sicily, Aug. 13—(?)—Fitty housand fighting men maneuvered rough broiling sunshine under Premier Mussolini’s eyes Friday in Pefensive war maneuvers. ; concurring in a senate-house confer- yence report. oo Physicians Work on Though Power Fails Chicago, Aug. 13.—()—Power failure during an electrical storm did not prevent two doctors at suburban Oak Park from going ahead with their duties. With the aid of a flashlight, Dr. W. 8. Scott pomeaaen ® major city recorder, and later was elect- ed county solicitor. His third term was interrupted by the war. He missed service overseas by ap- pointment as adjutant at brigade headquarters. has been in the forefront of the “liberal bloc” for years. He has supported virtually all New Deal legislation. No one in the senate was more active in the original court bill when it was before con- Lightning Struck Chain to Kill Dog Fremont, Neb., Aug. 13.—(P)}— Badly, Prof. Leonard Devol is thinking of writing a treatise rec- ommending that dogs be chained with ropes. A bolt of lightning followed down a chain during a storm and killed his water spaniel, Laddie. FARMERS WARNED AGAINST ‘QUACKS Fake Veterinarians Spread Over State as Encephalomye- lisis Epidemic Grows office disclosed that nearly 5,000 horses and mules died from encep- halomyelitis in 1935. There were few county agents and livestock owners. HUNDREDS OF HORSES Livestock | ws gress. Black contended the su- preme court was giving too narrow &@ construction to the interstate commerce clause in the constitus tion, the basis of decisions, ins validating several New Deal measures, Throughout recent years, Black thas fought for “more equitable’ mass, Upon that theory, primarily. he has supported wage and hour Jegidlation. . Black first won senate fame as investigator in charge of the sen- ate air mail contracts inquiry. He later headed the senate lobby investigating committee. SURVIVORS TELL OF HOW ITALIAN SHIP SANK BOAT Declare Torpedo From Italian Warship Destroyed Loyal Spanish Freighter Tunis, Tunisia, Aug. 13—(%)}—The 28 survivors of the crew of the Span- ent tanker Campeador possession Friday, ship had been torpedoed and 12 shipmates warshi Capt. Felix Gary, master of the tanker, reported to French officials struck the engine room. . The’ in the two following (In Rome, however, the newspaper Tl Messagero stated the Campeador been sunk by the Spanish insur- gent torpedoboat Velasco.) The story the captain told was that fal engagement as one-sided playing with a mouse. iampeador, loaded with 9,500 benzine, was steaming for the east. according to the cap- up the Spanish ship Wed- morning when the tanker was from Kelibia. He said ip ran up a “battle flag” ordered full steam ahead to escape and, changing his course, tried to run for the Tunisia Folly. Te Dusk} house Friday. D. And Federal Official Fargo, N. D., Aug. 13.—(?)—Federal state officials Friday continued a series of conferences begun Thurs- with Acting President John C. West of the North Dakota Agricultural The conference was with a view to The conferees Thursday spent most f their time going over details of the OE | borne federal and Hate financing and operat the extension division and experl- ment station, Dr. West said. HOUSE ACTION ON MAY BE DEFERRED Step May Be Taken in Effort to Hasten Adjournment Blocked by Work MEASURE IS IN COMMITTEE Postponement by Senate of An- ti-Lynching Bill Removed Big Obstacle ‘Washington, Aug. 13—(7)—A pos- sibility arose Friday that house lead- ers may defer the controversial wage- hour bill until next year in an effort to hasten adjournment. The measure, approved by the sen- ites as inoked tat house rules com- Cc. One administration lieutenant said its postponement appeared to be the only alternative unless the committee gives it legislative right-of-way in time to let it pass by August 25. Another potential obstacle to ad- Journment..by that date disappeared Thursday when the senate agreed to lay aside an anti-lynching bill. It will be the first order of business in January after enactment of a farm stabilization program. Although quiet, undercover cam- paigns were being conducted to get the Wage-hour bill onto the floor, Democratic leaders said they were not considering any drastic action, The senate, having discarded the anti-lynching bill, took up the sugar- control bill, President Roosevelt ob- Jected to some provisions in the ver- sion approved by the house. Once that is out of the way, the senate will have little to do, aside from voting on the nomination of Senator Black (D.-Ala.) to the su- preme court, until a bill to plug tax law loopholes arrives from the house. House ways and means committee- men gaid the tax loophole bill prob- ‘ably. will recetve Bat A The house will vote on it Monday. ‘The house banking committee plod- ded through most of the low-cost housing bill, but shunted aside all controversial sections for attention later. ‘The house arranged to take up Fri- day a bill to grant Mr. Roosevelt partial authority to reorganize gov- ernment agencies and departments, but there is an agreement in the senate to defer that measure also un- til the next session. BUCKSHOT AWAITING CORNFIELD RAIDERS Bismarck Farmers Angered as Thieves Strip Fields in Nightly Invasions Caught stealing corn in a Bismarck farmer's field, two thieves were brought into Sheriff Fred Anstrom’s office in the Burleigh county court- They were released when the farmer showing considera- tion the thieves lacked refused to pregs charges against the men—resi- dents of the Capital City. Another angry farmer informed the sheriff's office that he was going to use buckshot on the next corn strip- pers he.found in his fields. He assert- ed thieves have practically ruined s quarter of his crop. More than a score of farmers have complained against the night raiders who have been stripping ears from immature as well as mature stalks causing untold damage. Sheriff Anstrom promised that the next thieves apprehended would not be shown any mercy. jULED COAL HEARING SCHED! Washington, 13.—(?)—The bitu- minous coal commission scheduled Thursday a hearing in Denver, on Aug. 23, on marketing rules and regu- lations for western soft coal fields. States to be represented at the hear- ing are Arkansas, Oklahoma, Kansas, North and South Dakota and the rocky mountain and coast areas. IN. Y. Police Check Story SPANISH SHIP TORPEDOED Tunis, Tunisia, Aug. 13—()—A miles from here, with the loss of 12 of her 40 crew members.. A British ship picked up three of the crew. The Ship. of Santander; oottied e caree ot Of Former Minot Chief|t& New York, Aug. 13.—(7)—A dollar richer for the experience at Lawrence ‘Congratulations’ Black's colleagues on Capitol Hill. | Friday the 13th_. Is His Lucky Day OO Silver Creek, N. Y., Aug. 13— (®)—Fortune smiled on Erwin Chapin on Friday the 13th, Searching for bodies of nine cows he thought he had lost in a flood, he found the cows huddled together in a valley—alive. Returning home to tell the good news to his wife, he found she had just presented him with a son, Tec CROONQUIST 6 UP. . ON FOE AT NINE Babe LeVoir Ex-Gopher Grid Star, Even With Kostelecky at Same Stage Detroit Lakes, Minn., Aug. 13.—() —Bill Kostelecky of Dickinson, N. D., 3 favorite, held on even terms by Babe LeVoir of Minneapolis in a first round owardl championship match of the annual Pine to Palm golf tournament Friday at the end of nine holes. Another North Dakota youth, Neil Croonquist of Bismarck, was six up over Vint McDonald of Hawley, at the halfway mark of their match, while Jimmy Deeble of Minneapolis was leading Harry Frohne of St. Paul 2 up at the same stage. Fritz Carman of Los Angeles moved into @ 2 up lead at the end of the first nine holes over Paul Adams of LaMoure, N. D., despite brilliant put- ting and chipping by the latter. Adams sank one approach shot and dropped in several long putts. POLICE PROBE INTO MYSTERIOUS DEATHS Widow of Viennese Doctor Held! >,, on Fugitive Murder, Rob- bery Warrants Cincinnati, Aug. 18. — () — City Chemist O. P. Behrer r to Prosecutor Dudley M. Outcalt Friday the discovery of “positive traces of metalic poison,” in the body of George Sellman, 67, latest of several acquaintances of Mrs, Anna Hahn, 31. Police are investigating the deaths of five persons with whom Mrs. Hahn was friendly. Lieut. George W. Schattle of the homicide squad said that while he had suspended, for the time, questioning of Mrs, Hahn, she probably would be subjected to lie detector tests. He reported numerous contradictions in stories told by the woman thus far. Mrs. Hahn, denying all knowledge of the cause of five deaths under in- vestigation, is held on fugitive war- rants charging murder and grand ny. ‘The deaths being probed are those of: George Obendorfer, 60, moderately wealthy Cincinnati cobbler, at Colo- rado Springs, Colo., Aug. 1; George Gsellman, 67, found dead in bed July 6; Jacob Wagner, 78, June 3; Albert Palmer, 72, March 27; and Ernst Kohler in 1933. INVESTIGATION ORDERED Ws ton, Aug. 13.—()—The in- terstate commerce commission ordered ‘Thursday an investigation of the Alleghany corporation and the Chesa- peake corporation, top holding com- panies in the Van Sweringen rail ESTIMATE DROUTH LOSSES Washington, Aug. 13—(?)—Jay G. Diamond, federal-state agricultural statisticlan at Helena, Mont., esti- mated this year’s drouth losses to farmers in seven extreme northeast- ern Montana counties would count to [“tlllions of cama ® Sending in the name with a list of other nominations, President Roosevelt named Senator Hugo Black of Alabama (right) to the supreme court bench. The nomination was a complete surprise to He is shown here accepting the congratulations of Vice-President Garner. LEVANEFFSKY AND GREW OF 5 ZOOM OVER NORTH POLE Russian Aviators Believed Head- ed for Oakland, Calif.; to Stop In Alaska 8 flight they hope will blaze the trail tor a future passenger route. Two previous flights ended success- fully in Western United States after non-stop jumps of about 6,000 miles. A four-motored, 35-ton craft bore the six fliers over the roof of the world Fairbanks, Alaska, where they expected to land and refuel about 5 P. m. (EST) after a flight of approxi- mately 4,000 miles from Moscow, where they took off at 10:13 a. m (EST) Thursday. At the controls of the huge mono- plane was Sigismund Levaneffsky, one of the Soviet union’s most famous aviators, often called the “Lindbergh cf Russia.” Four miles above the ice, the big plane went zooming over the North Pole exactly 17 hours and 47 minutes after it left Moscow. Levaneffsky reported everything was “okay” and that he would fol- low the 148th meridian into Fair- The plane's final destination, it was reported, was Oakland, Calif., about 6,000 miles in @ direct line from OW. It is about 1,400 miles from the pole to Fairbanks, but Levaneffsky said he would not try for any speed record. His crew consisted of co-Pilot Kosten- aieff, Navigator Levchenko, Mechanics bezhimoff and Godovikoff, and Radio Operator Galkovsky. The first two polar flights, one end- ing at Vancouver, Wash., the other at San Jacinto, Calif., were made in much smaller single-motored planes, carrying crews of three men. Solons Turn Attention To Western Railroads Washington, Aug. 13.—(7)—Senate railway finance investigators, com- pleting a year’s study of the huge ‘Van Sweringen system, turned their attention Friday to a group of western Max Lowenthal, counsel for the in- vestigating committee, said he was beginning a survey of the Southern Pacific and the Minneapolis and 8t. Louis roads. Public hearings on their fmancial history probably will be held carly this winter. He concluded hearings on the 23,000- mile Van Sweringen empire by read- ing into the record a detailed criti- cism of its financial methods and complex holding company set-up. DEDICATE RAINEY MEMORIAL Carrollton, Ill., Aug. 13.—(7)—Ili- nois dedicated = massive bronze statue of Henry T. Rainey Thursday 88 @ memorial to the Carrollton law- yer who became speaker of the na- tional house of representatives. Pay Taxes or Lose Job Is Boss’ Edict —— Something new in the way of forc- |i ing tax payments came to light in Bismarck this week. A Bismarck firm employing several persons has ordered its employes to pay thelr personal property taxes within 30 days “or seek employment elsewhere.” roves Black Nomination |.s.smasrs MOVE 10 PROTECT LOCAL RESIDENTS Repetition of 1932 Warfare in Rich Seacoast City Be- lieved Inevitable SHELL WOOSUNG FORTS Stubborn Defense Halts Jap- anese Advance Northward at Nankow Pass Shanghai, Aug. 13.—(?)—Japanese naval guns and Chinese and Japanese land batteries pumped hundreds of shells into their opposing forces in Shanghai warfare Friday. An artillery duel along the north- ern fringe of the city fired scores of buildings in the Chinese Kiangwan and Chapel areas. A strong wind threatened a holocaust like that of 1932. A Japanese warship bombarded the newly-built million and a half dollar Jukong wharf on the left bank of the Whangpoo river, midway between Shanghai and Woosung. The United States Asiatic squadron steamed into action to protect the 4,000 American residents of the Shanghai area. MINNEAPOLIS MISSIONARIES STATIONED AT SHANGHAI Minneapolis, Aug. 13.—(P)—At least. three Minneapolis mission- aries are in Shanghai. Several others are in the Peiping area. In Shanghai are Rev. Frank J. Rawlinson, Congregational denom- ination; Rev. Perry O. Hanson, Methodist Episcopal, and Rev. Joseph E. Olsson, Episcopal. There is a possibility the latter is in were near the newly built Japanese airfield, at a bend Se the river. Soon after the firing started the deserted. expelled the Japanese, Others con- sidered this unlikely. Heavy firing broke out Friday night in the vicinity of Japanese headquar- ters at Hongkew, just north of the international zone, It was believed the Japanese bat- tery at Hongkew park, next to the headquarters, was shelling Chinese positions in the Chapel district and north of the North railway station. Chinese Regulars Arrive The first artillery fire came early in the afternoon, after a day of brisk machine gun and rifle skirmishing between Japanese bluejackets and ae invading from the no! Japanese naval officers connected with the 21 Japanese warships already ining Shanghai wharves said one of their ships shelled the Jukong wharf because it housed a concentration of Chinese troops. Steaming under forced draught, the U. 8. 8. Augusta, flagship of the fleet, was expected to arrive here some time Saturday from its base at Tsingtao. Other United States vessels rushed to guard every port in which Amer- icans might be endangered, from China’s northern border far south to Canton. ‘American officials did not know evacuated from the Shanghai battle sone. Both Chinese and Japanese said they were convinced a repetition of the 1932 Shanghai warfare was inevitable. Must Pass Forts To reach Shanghal proper, Japan- ese vessels not already there must steam up the Whangpoo river, under (aa guns of the Chinese Woosung te The proprietor informed Sheriff | pri Fred Anstrom he would not tolerate tax delinquency among