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Abilene Daily Reporter, The (Newspaper) - July 16, 1935, Abilene, Texas gfoilene Baity toorter "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES, WE SKETCH YOUR WORLD EXACTLY AS IT HO EDI ME noN OL LIV. Full Leased Wires of Associated Press United Prest (UP) ABILENE, TEXAS. TUESDAY, JULY PAGES (Evening Edition of The Abilene Morning News) NUMBER 224 Court Rules Process Tax Is Illegal Maverick Says Brewster Reversed Stand On Utilities Bill 'Rats' Surrender And Become 'Gentlemen' Deserting followers of Mayor T. Sanmei Walnuley, of New Orleans, bitter enemy of Huey Long, are shown here In Long's office as they "surrendered'1 to him, leaving Walmsley a mayor without a city. Ullc Burke, spokesman for the "old Is shown reading the resolution of surrender to the Klngfilh. Center, holding spectacles, la Stanley Behrman, ward leader and son of the late Mayor Behrman. Long in high glee, made a dirty remark' about his former foes at the conference. "Now, you remember the agree- Burke said peevishly. "Oh laughed the Klngflsh, "I agreed over the phone not to call you old regulars rats, but to caU you gentlemen." r Lunar Eclipse of Rare Beauty Thrills Watchers In Abilene c _ talned ''residents of 'Abilene, along with, millions 'elsewhere, lost night.- A cloud-filled sky cleared in the nick of tune, leaving the maiden -with white fire riding high handsome In the laSeri'! on the moon' "blood description. lasted an hour The encounter central bine. and forty minutes, starting short- But a change came over the face ly after p.m. It had been flf- of the earth's friendly UlUe satel--: ty years stnoe these three neigh- lite. The earth shouldered In be- bors had thus met, and It KM.be tween the moon (diameter Z.IOO another half century before they miles, distance from earth so meet again, duration and de- miles) and the sun (diameter gree of totality considered. 000 miles, distance fro- the earth i Best description of the phenom- about casting a shadow of delicate shading across enon was given by a stenographer: "It sure looked DEATH TAKES W. E. CAPLIN Burial To Be In St. Louis Rites Here Today Funeral service for W. E. Caplin prominent Abilene merchant, wll be held at 5 o'clock this afternoon at the Klker-Knight chapel, with Rev. Willis P. Gerhart, rector of the Heavenly Rest Episcopal church officiating. Wednesday morning the body will be placed aboard the Texas Pacific Sunshine Spe- cial, to be conveyed to St. Louis many years Mr. Caplln's home, for burial. Mr. Caplin died at last night liMthe West Texas Baptist sardtar- Eight days ago he underwent an operation for remov- al of appendix, and although he rallied slightly for several days, his condition had been regarded as serious from the start and. for two days he had been gravely 111, stead ily growing weaker. William Earl CapUn was bom September 22, 1885, in Russia, and in 1889 he came to the United States with his parents. They set- tled in St. Louis, and it was there he received his education and, as a See CAPLIN, Page 5, Col. 7 Hold 2 Teachers For Sale Looting Special to the Reporter. HASKELL, July young rural school teachers, Hughey Hartley and Harold HItt, were -In custody here, todf.y, awaiting ac- tion by the grand Jury of 39th dis- trict court on charges that they looted the safe of the American Railway Express office here the night of June 24. They have en- iiaged counsel. The grand Jury jaets In September. (The safe burglary netted travelers checks and express money orders, and all but has been recovered A third man, Floyd Pearl of Snn Is under ar- rest In that city. Hartley and Hltt gave (statements. J' EX-ABILENIAN FATALLY SHOT Dr. R. E. Longbotham Is Victim of Accident Special to the Reporter. CROSS PLAINS, July Dr. H. E. Longbotham, chiropractor, was accidentally killed shortly aft- er 9 o'clock at his home here this morning when an automatic pistol le was removing from his automo- bile discharged, striking him In the abdomen. The bullet ranged upward, tak- ing effect either in the heart or one of the larger blood vessels, phy- sicians said. Dr. Longbotham had just re- ;umed from a drive In the country with his two children, Roy, Jr. and Mary Ruth, and had taken two guns along for firing practice. He was a student and collector of fire- arms and was, accustomed to tak- ng his guns along when he was driving. As he returned in his cor to his home, and got out, he ook out the guns. One of them, u 38-callbre pistol, was discharged hrough the scabbard, striking him. gasped a few words to his son, who was a witness, then died. Justice of Peace Drew Hill ren- lered a verdict of accidental death fom gunshot. Dr. Longbotham and his wife, who Is also a graduate chiroprac- tor, moved to Cross Plains from Abilene In 1931. He had earlier Sec ACCIDENT, Page 9, Col. 8 Anson Man Placed Unde Bond; Arrest Follows Raid Charges of making and possess- ing counterfeit moulds and coins were lodged against J. W. Hay, An- son barber, In United States dis- trict court here early this afternoon as aftermath of a raid on a barber shop on the east side of the Auson square Monday afternoon, in which officers confiscated more than in spurious cpins and equipment for casting counterfeit. Commissioner Ida M. James set bond at and the defendant was taken to the Taylor county Jail for safe-keeping pending pos- sible completion of efforts for fur- nishing the bail. Hay was brought to Abilene by a United States secret service oper- ative, who took him in custody at the Jones county Jail this morning. The defendant spent the night in jail there after being arrested by Anson and Jones county officers about 6 p. m. Monday. City Marshal D. W. Gray and members of the sheriff's depart- ment said they confiscated nine moulds for five, ten. 25 and SO-cent pieces, metal, a ladle, spoon, fire- pot, and a box of plaster of Paris used in making moulds in the raid which resulted in Hay's arrest. At that time, officers reported finding a 25-cent piece sfciii in a so perfectly as to al- must defy detection and several other spurious coins. Returning a second time, they said they dis- covered and confiscated more than See FILE CHARGE, Page 5, Col. 6 Texan Tells Committee Maine Solon Once In Favor of Holding Com- pany Clause WASHINGTON, July that Repre- sentative Brewster (R-Me) ex- pressed the opinion he could obtain 25 republican rotes in house for the provision in the utilities bill to abolish "imnec-- cessary" holding companies was received today by the house rules committee. This was given by Represen- tatives Rankin (D-Miss.) and Maverick (D-Tex.) to the com- mittee named by the house to investigate lobbying for and against the utilities bill. Charges Wire Tapping Brewster later voted against the abolition provision desired by Pres- ident Roosevelt, He precipitated the lobby Investigation by asserting thit Thomas G. Corcoran, RFC at- torney, threatened to stop tlon of the Possamaguoddy' .tldee project in the representative supported the Rankin also repeated to the com- mittee charges that his telephone wires were tapped during consider- ations ol the utilities bill in the house. He said he turned the information over to'iihe justice department and to communications commission. "And keep7 in he suggested, "that the telephone companies were working right In with the power interests against this bill." Asked what he meant In earlier statements that the records of con- gressmen should be searched, Rank- in replied: "Just what I said, if we are going to get to 'the bottom of this I'm West Texans Gather For Water And Soil Conservation Talks Uiui SO West Texans judges and commissioners, More county farm agents and resident engi- neers and highway foremen of 13 counties of division 8, state highway department, were engag- ed here today in a study of: the principles of water conservation and prevention of soil erosion. Ultimate purpose of the meeting, called by W. A. French, division en- gineer, was coordination of efforrs on the part of various agencies In- terested in water and soil conser- vation, to secure maximum results at minimum cost. Speakers were Jac Gubbels, stale landscape engineer; R. E. Dick- son, superintendent of Che Texas experiment station ar. D. rv Hill, chief engineer of the U. S. soli conservation service, with headquarters at Temple, and Mr. French. The Abilene chamber of com- merce and the Taylor county com- missioners court were hosts to the visitors at Wooten hotel, at lunch- eon. A proposal to terrace entire drainage arear, Instead ol individu- al farms, in order to prevent wash- Ing on low sides of land abutting highways was preesnted by French, who called for cooperation and co- ordination of property owners, com- missioners courts, farm agents and erosion engineers In the movement. "Don't get the Idea we think we have anything new about soil ero- sion and water he aaiil, only tfilng new In this See CONFERENCE, Faji 8, CoL Anti-Jewish Riots Resumed In Berlin i See LOBBY PROBE, Page 9, Col. 1 Decision Favors Bank in Fund Suit A decision in favor of the Farm- ers State bank In Merkel was ren- dered today by Judge W. R. Chap- man, in a suit for accounting and debt filed against the bank by Roy som, C. R. Rogers. Mr. and Mr? R. O. Anderson and others. Tes- Imony and arguments in the case were heard In 104th district court lere last Friday. Plaintiff sued In connection with liquidating fund created In April, 930, when the Farmers State bank f Merkel closed and the pres- nt bank was organized. Conten- ion was that the fund, into which jlalntlffs and other depositors of .he closed bank placed 20 per ent of their deposits, was not ad- ministered in agreements of accordance contract when the fund was created. with signed Judgment in the case was being j >repared early this afternoon. I Will Be Chief Speake Friday at Gathering In Buffalo Gap Confirmation of Govdmor James V. Alfred's plans to attend the Tay- lor County Old Settlers Reunion ai Buffalo Gap, Friday, was received here Tuesday in p- telegram from the chief executive to T. A. Bledsoe, president of the organization. First announcement of the gov- ernor's acceptance was conveyed late Monday in a telephone call to E. N. Kirby from C. R. Pennlngton, Allred supporter during the guber- natorial race, who was in Austin on business. Although time of his arrival was not announced, Governor Allred is expected Friday morning, probably on the Santa Fe train at 10 o'clock. He is to be chief speaker at the re- union, which annually draws several thousand people, including old tim- ers from Louisiana, Arkansas, New Mexico, Arizona and Oklahoma. Invitation to Governor Allred was extended by Mr. Bledsoe last week when the two met at a celebration j of the cornerstone laying of the Knox county courthouse at Benja- min. Mr. Pennington was expected to return from Austin early this after- noon. Nazis Roam Night Life Dis- tricfe In Drive On the Hated Non-Aryans long- expected, big scale outbreak of an- tl-semltlc rtoto left, Jews In terror today. There were strong Indications that demonstrations In which nazls ranged the night life district last night and in the early hours of this morning marked the start of a calculated'drive to force Jews to keep to themselves. Men and women were kicked and beaten in the gravest since well-organized bands of nazls. apparently led by storm troopers, who Invaded restaurants and halted pedestrians and motor- ists in their search for the hated "non Aryans." Rioters were given the approval of the government's official news agency, which called them "com- rades." Just a Beflnnlnf. More serious than the fact of ,he rioting was the fear that it was but a beginning. A new antl-sem- tic campaign has been known to )e Imminent for weeks. It Is regarded as due directly to the re-appearance of Jews in thelr 'ormer numbers In Berlin's west end where the night life centers. There have been frequent dls- urbances In the provinces, many nsplred by the monthslong antl- ewlsh campaign of Julius Streich- er, nazl antl-seniite leader. But Berlin has been free of them un- 11 quite recently. This was due i partly to the fact that for months TO IE ON FILM Government Attorneys to Rush An Appeal to the Supreme Court; Expect Decision In Fall BOSTON, July 16 The controversial AAA proceiB- ing tax is unconstitutional, the U. S. circuit court of appeals ruled today. In so deciding, the circuit court overruled Federal Dis- trict Judge Elisha H. Brcwiter, who last October upheld the validity of the tax. The ruling was made in thi case of the Hoosac Mills cor poratkm which challenged the right of the federal governmen to collect processing and floor taxes of approximately 000. Definite Teal. This case, before the circuit coui since la ngarded as the test that will establish definitely whether the processing tax Is con stltiitlonaX Government attorneys, Kidnap Alfred Otto Wagner, shown at his trraiciunent In New York, wu charted with demuidlnf ransom money from famlllei of kidnap and murder rlcilnia. It wu alleged he tried to "chisel in" on seven cases for which he uk- ed ransom totallnf He pleaded not fullly. (AuociaM Press Young Roosevelt's Opponents Beaten FORT WORTH, July (AP) Executive committee members of the Young Demo- crat! of Texas today dealt a smashing defeat to a resolution seeking io oust Elliott Roose- velt, sou of the president, u Tlce-prejldent at lhc lUie or- IBntattlon. JAMES DISTRICT WPA HEAD OVER 11 WESTERN COUNTIES Abilenian Expected to Name Assistant Personnel And Call Them to San Antonio For Conference Texas district No. 13 of the newly- created federal Works Progress ad- county and ten have an Abilenian for director. He Is Wlnfleld S. James, graduate engineer, land developer and resi- dent here for 11 years. His appoint- ment was announced yesterday ty Henry P. Drought, state WPA di- rector, and he will direct the pro- gram in Taylor, Eastland. Stephens, Callahan. Shackelford, Jones, No- lan, Fisher, Kent, Mitchell and Coke counties, An organization of 30 to 40 per- sons to administer the district pro- gram will be formed Immediately- James was In San Antonio Tuesday confer-lng with Drought, and was expected during the day to an- nounce his executive assistant, chief engineer, auditor and other department heads who will Join him In San Antonio tomorrow for a short school of instruction Sketch Mr. James, who Is In his forties. Is accepting his first public position for which, by both educa- tion and experience, he Is highly equipped. He Is a graduate engi- neer of Rensselaer Polytechnic In- stitute, famous engineering school at Rensselaer, New York, across the Hudson river from the state capital, Albany. Following his graduation there, he was engaged In road build- Ing In the state of New York Several years of railroad 'enei- JAMES, Pate 5, CoL 1 Valuables Found, Man Is Missing EL PASO, July report- ed today they had found a cash box and other valuable articles belong- ing to A. F. Hartman, formec Ran- ger, Texas, real estate man, who was reported en route from Doug- las, Ariz., to Banfcr. Banger friends of Hartman said he had not been there for several weeks. They said he was on a trip to Colorado and possibly Hew Mex- ico. It was not known whether he intended to return to Ranger. El Paso officers said it was re- ported Hartman had In trav- elers checks when he. left Douglas July 10'and officers here feared foul play. preme court, hoping for a fill 41 de clslon there before Christmas. The collection of some of processing taxes hinges upon th question of their constitutionality The circuit court's decision wjs by a two to one vote, with Judge Scott Wilson arid George P. Mor ris concurring, and Judge George H. Blngham dissenting. Judge Blngham wrote no dls sentlng opinion, however. "The decree of the district cour is reversed and the case Is remand ed to that court with the direction Lo enter a decree for the appeL lants." the decision' read. Two reasons for the decision were cited: 1. The federal legislature has no authority to regulate production which was within control of the stale authorities. '2. It was an Improper delegation of powers. The circuit court found it un- necessafa" to decide whether it was a direct or excise tax, since It al- ready had found the tax unconsti- tutional. It also found it unnecessary to decide whether, If It an ex- cise tax, it was not uniformly Im- posed. Arrued In April. The Hoosac Mills' appeal from Judge Brcwster's October ruling was argued before the circuit court in April with Attorney Charles P. Rugg, Jr., presenting arguments for the corporation and Attorney Rugg See RIOTS, Page 5, Col. 5 I See PROCESS TAX, Page 5, Col. 3 Renne Allred Able to Sit Up TYLER, July All- red, the governor's brother, was nble to sit up today for lhc "rst tlme ln six months. His physlclnns sulcl that tomor- row he will begin lenrnlnR to walk again after the months he has been paralyzed ns u of an Injury suffered early In life. He was per- mitted to sit up (or 15 minutes to- day, and Is scheduled to stand up lor a minute tomorrow. Two Are Held In Jail at Corpus Christ! For Safekeeping CORPUS CHRISTI, July negroes were held In the Nuecus county Jail today for safekeeping after officers said they Cun.'E3sed the slaying of Byron Bel- schner, 24, at Edna. Belschner was slain last Thurs- day night. His body, pierced by four pistol was trussed with wire, weighted down and thrown from the Tcxana bridge Into the Navidad river near Edna. The negroes are Oscar and Cou- ple Brown, brothers. Sheriff Wil- liam Shely, of Nueces county, and Sheriff Hugh L. White, of Jackson county, said they confessed after constant Questioning since their ar- rest here last Friday night. "Couple killed that white according to Oscar Brown's state- ment, him four times with a pistol and thon threw his body over the railing of the bridge Into 2 Killings Spur Hunt ForMahan Wash., July sheriffs, state police and 50 today renewed hunt for the slayer of two Puyallup policemen who Is believed to be Wil- liam Mohan, fugitive kidnaper of nine-year-old George Weyerhaeuser. The manhunt centered In the rug- ged hill country above Sumner. Descriptions Tally An all-night search failed to re- veal trace of the man who shot down Police Chief Frank Chadwlck and Patrolman Harry Storem near Sumner a few minutes after he robbed the Ortlng State Bank of Fingerprint experts of the Tsco- ma police department checked the car the bandit abandoned in the outskirts of Sumner. They had been unablo to make any marks check those of known criminals. Belief that the fugitive was Wil- liam Mahan, the Weyerhaeuser kidnaper and a suspect In the rob- bery of five other Washington banks, persisted. The man's tech- nique was the same as that of Ma- ban, his description tallied, except that he was blond, and Mahan black-rmlred. But he could have bleached his hair artificially. Search last night concentrated In ;he Puyallup river bottoms, near the place the bandit abandoned the stolen sedan from which he fired on the officers as they overtook him. Sneiiff John BJorklund and Chief of Police Nelson of Sumner led the 3osse that moved through grain Melds ind brush river bottoms dur- ng the night. Posse Armed The men armed with weapons from sub-machine guns to mnting rifles, expected momentar- ly s blast of pistol fire from the darkness, but daylight found no race of the missing man. The. robber had about an hour itart on Ills pursuers. He abandon- ed the car. Its rear tire flat, In the Sumner outskirts, a few minutes after he shot the Puyallup police- See NEGROES, Pate 9, Col. g City To Be Free To Pro- ceed With Power Plant Survey Judge W. R. Chapman announced here this morning that he will de- ny a petition for permanent In- junction asking that city officials of Haskell be restrained from pro- ceeding with a survey for a munic- ipal light and power plant. He had had the case under advisement since a hearing in 104th district court here two weeks ago. Haskell property owners In an election several weeks ago author- ized the expenditure of for a survey, which would show the po- tential customers lor the munici- pal plant. Following outcome of the elec- tion, V. M. Meadors. a Heskel! nb- stractor and property owner was granted a temporary Injunction by Judge Chapman, restraining the city from proceeding with the pro- posed survey. From Hnskell It was said that ev- erything was In readiness to go rihcnd with the survey, with lifting of the restraining order. Sec MANHUNT, Page 9, Col. i Weal Abilene Bnd vlclnlly Partly cloudy to- night and Wednesdny. West West ot 100th merldlBJ) Partl'f cloudy, probably showers In extreme wfst porllor lonlRht and Wednesday. En.'rt Texts Eas1 ot 100th meridian Partly cloudy tonight and Wednesday- Rainfall for 24 hours ending 7 a. m., Tuesday, .Ofl Inch. Total since first of the year, to 7 ft- m. TUMdnjr, 11.27 Inches. Total For same period Its I year Inches. Normal amount alnce first of the year, II. 06 Inches. CLOUDY Kon. p.m. Tuei. ea 87 so 78 84 83 78 S3 17 Midnight Noon W Sunrlne Sunset 7p.m. 7a.m. Dry Ihermomeltr 70' SI" Wet thermometer ,.73' Relative humidity ..Uft 41%
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