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Abilene Daily Reporter (Newspaper) - April 3, 1935, Abilene, Texas ^Mene Bail? 3^cporter“WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES. WE SKETCH YOUR WORLD EXACTLY AS IT GOES”—Byron*6C THREF *]Me 3 »íiflOÑ vmu L~iVr~Full Leasea Wires of Asso^bfedP^ss ((^) United Press (UP) ABILENE. TEXAS. WEDNESDAY. APRIL 3. 1935- FOURTEEN PAGES (Evening Edition ot The Abilene Homing News) NUMBER 151State Anti-Trust Laws Held Invalid Abilene Olllcials For Next Two Years Pictured below arc munldpTl offU iais named in Tuesday s balloting. .Ail were reelected, save one. Lueian \Aebb, named to » eommlssion post over O. B. Tittle, incumbent.City Reelects All But One Of Official Family e ïoi BÏ HOUSE ARGUES AT LENGTH ON REPEAL TOPICS, DELAYS VOTE SMISSft 4 Ï I.. JOHNSON .Mayor W. R. SIBLF-Y ( hlef of Police riOT CONTESTS RARE IN WEST Summaries of Tuesday’s Municipal Elections From 36 Towns Presented WO.M - h I I t I,AN MFBB C<^mmt^.^^oner M. B. hait; f ommisfcioner Sibley Stays as Chief Of Police: Lucian Webb to Be New Member of the Commission Mayor of Abilene, Clover L. fohnson, had the heavier artil-- lery in his battle Tuesday with his predecessor and old-time political foe, Lee R. York.. In a sizzling closely supervised city election bringing out 3.367 votes, an all-time record here, Johnson, seeking    réélection to his second term,    shelled York Tf"!# Hik    II AT    IIIA    out of the picture    with a major- ICAAu    IV    I    lllU    of 488 votes. ■ BBgrnriV ■ w ■    Majority    714 Other result«; Ruck Sibley, police chief, w’as returned to his post with a 714-vote majority over his single opponent, I»erry Dickinson. Commissioners W. B. Hale. W. Victor Womack and C. H. Boyd — Issues calculated to bring out places Nos. 1. 2 and 4were reelect- heavy balloting were noticeably ed. showing their heels to the oppo-mlssing in Tuesday s city elections sition.    ^ throughout West Texas, and all Commissioner G. B. «Blue Tittle, .seemingly were conducted with a place No. 3, was defeated for reminimum of disturbance or hard election by Lucian Webb, whose ma-feellng. Hottest spots reported were jority was 256 votes. Cisco, where Mayor J. T. Berry. Six present school trustees were , i-termer, ;-quelch i the eter..»- leejccted. and E. L. Hwwell was se-J. T. Williamson's attempt to make ; lected the seventh tnietee. all with- , a come-back: and Midland. Rotan, out opposition. Roby. Stamford. Colorado and San- Two Boxes Help Johnson ta Anna.    Judge    York, leading antl-admin- Thlrty-six towas of the territory isiration candidate, went down only reported their results Tuesday night after a gallant struggle in which he to the Reporter-News via telephone .ihowcd surprising strength, in view and telegraph. Summary the re-    - SUlt^    sew    ELECTION. Page 3. Col, 6 ASPERMONT—Jas. H. Robertson Smithsonian Is ‘Making Up’ With Wrights WASHINGTON. April 3—(t'P» —Controversy over the claim of the Wright brothers to distinction as the Inventors of the flying machine h nearing adjustment by f ol. Charles A. Eind-bergb and the original Wright brothers airplane Is to return from exile in Ixindon. Now the Smithsonian is completing the draft of a pamphlet which on publication, l.s expectod to bring the Wright machine back home. From a well informed source the I’nited Press learned the publication will i-ontain an apology for the Smithsonian’s pirvlous attitude toward the Wrlght.s. W'hen completed the pamphlet will represent a complete story of aeronautical development with full credit to the Wright brothers. RENEW FIGHT ON MONOPOLY Legislators Worry Over Definition of a ‘Saloon’ ÌI rn J UNII Massie of Fort Howe Of Amarillo On Planning Board elected mayor. George Brad^;haw and Oumnr JjHTlP« Will Raymond Marr reelected aldermen. «tUIIIOr «lillllt:» VV III ANSON—Dr. E. M. Wood's prer.-ent city adniinl.stration returned to office. BALLINGER F.ae.s M. Lyiui, mayor, and George Holman and E. Shcpperd. coinmls.sionerb, reelected without oppa'^ltion. BENJAMIN—C. H. Barnett and J. J. Handley reelected aldennen. BRADY—Joe Myrlck elected city marshal and three aldermen reelect'>d. BROWN WOOD—Tho^ H Hart .sec ME.M TEXAS. **ngc 3, (ol. 3 PiNRfIIS ST 11 POOGR PSTi SOR PUS 8G0I1F Election Passes Quietly, But Investigation Is Hinted AUSTIN, April 3—«A*.—Governor James V. Allred today appointed W. M Ma««ie of Port Worth, a banker. Be A&IVl Mentor chairman of the new btate plan- _ning board. He appointed Wilbur Hawk of Amarillo, new>rmper publisher, a member. Massie and Hawk were two of the governors ‘independent” choices Under the law. the nuie-member board mu.st be composed of the secretary of state. the highway engineer, the chairman of the board of water engineer.*», a representative each of labor, agriculture and relorestation, and three others. Governor Allred called attention to the fait that Hawk was a republican and that the board wa^ intended to be noii-parti.san and non-iK)lltical. He ;»aid yccepiance of the appointees ai yet had been received The state planning board wa < rr ated recently bv the Icgislutuir accordance with the governor dent wl.sher U.h purpose will be to Increase Power In Wis- coordmaie Mate ami fedeiai - AUSTIN, AprU 3.—tUP'—prohibition repeal lacked a vote In the Texas house of representatives to- ; day while member.s argued Attempts to define an “open .saloon” occupied the morning. Return of the “open saloon” was barred in a repeal resolution tJiat was adopted tentatively yesterday. When attempts to define it began, the whole battle for and again,st a .state monopoly of liquor sales reopened. “A state monopoly will make ev- i ery autoincrtiUe In ’Texa.s a bootlegging Joint,” said Rep. Pat Dwyer of San Antonio, "Where are they going to drink this stuff If it Is .sold in unbroken packages not to be con- | sumed on the premises? They’ll take it aw ay in automobiles and ; drink it. What are you going to do i with Uiese ladie.s’ purses with w lils- i key bottles In them? ” Old Argument Renewed. First attempt to define the saloon was made by Rep. W. E. Pope of ^ Corpus Cltristi He defined it as “any place where intoxicating 11-, quors are dispensed as the main busUiess.” Dn s said that was too general. Rep. W. H Fox of " . Im .>ot.*(ht to limit it by prohibltmg sale» for consumption m htHels and rwtaur-Wnpth ’    renewed the argvunent ff Ui 111,    advisability of rcgulaUng sales ■ and bootlegging. “Putting the state I in the saloon buslnefcs" was arralgn-• ed against "whiskey control of poll-i Uc.s and elections,” ' After perfecting its ow n plan, the house will have to vote on subidi-tutlng It for the se nate-approved plan of hard liquor sales In un Ex-Convict Nabbed A t Santone, Admits Slaying Salesman MSI iflNÏ D Exemption of Farm Products Cited By Court; Decree Leaves Texas Without Statute AUSTIN, April 3 (AP)—The third court of civil appeals today affirmed a trial court's dis. missal of an    anti trust    suit brought by Governor J.imes V. Allred as attornjey general in 1932 against 17 major oil companies. The court ruled that Texas ........  .    o    ^    4    1    statutes    were uncon- tlary and had only recently    stitutional    under    a ruling of th« relea.vd from the Ea.stham farm. ' Deputy Sherilf N. K. Campbeu    , atnt®«    «nnrem« The ex-convict was suprised by of Hidalgo county, and    United    Umted States    supreme    court the officers at 4 a m.. a.s he lay i State.s Border Patrolman    Charles    because they    exempted    farm asleep in a bed at the transient i Sea.    products. No    ruling was en- bureau. A 16-tnch double barreled , The four men had been on the    qjj    validity    of the national SAN ANTONIO, April 3.—(T'— Sherilf Albert W. West. Jr., said today that Jame.s D. McAllister, 36-year-old ex-convict, admitted after bus arre.st at a tran.slent bureau that he killed Percy A Calkln.s, well-known Houston sale.^nmn and bridegroom of « n*onth, near Edinburg Sunday, McAllister. We.st iwud, had served two 3*entences at the state penlten- handled .38 calibre pi.‘*tol and Calkin'.« .suitcase. Auto Found. The man told the fiolite they i could find Calkin's automobile m the .500 blwk of India noia street : They hunted to the addre.vs. and Vocatfd the car, still be.Mnirched a Uh blood. The valley parly that tracked the ex-convict to San Antonio con.*4sted [of Sheriff J. A. Goobby of Camer-T. Daniels sawed off shot gun was found under his bed, together with a pearl See ( ONFEÿisiGN. Page IS. Col. « Tax Proposals Are Debated In Senate Property Classification Is Taken Off of Homestead Exemption Bill COLLEGE STATION, April 3— Members of the Texas A and M athletic council today declined to comment on reports that Bill Jame.s, ousted as a member of the University of Texas athletic staff, would be retained a. an Aggie football mentor. Homer Norton, athletic director and head football coach, was out of town today and c(Hild not reached for a statement. ue IT J Ï not in ar- cousin: Sinclair Forces Gain a Foothold ery program.*', Allred has termed It the key.stouc to hi.s plan;» fo; recovery CORPUS CHRISTI April 3.—«T-—ReporU' of ranger mvesUgaiion of voung m yesterday'.*» city election, and ol unpenriinii « ontehis, lent ein-pliA.i. today to a Liiigci h M*unHUt that “anvihlUK stiU might, hapian ': d..'plie    the quici    with whlfh the balloting wA, earned out Half a dtwn rangcix roiitmued tlieir patrol ol Uie town without public adrnf .ion t.lmt the election was what brought them here. They , and local officer.»., heavily armed. I toured the voting plare.s throughout ! yesterday a.s Dr H. R Ollet» was I elected mayor in what was believed ; to be the heaviest vote the city ever ca.st. I'he    anyihing    nugut happen ’ statement came from Ranger Al Alee, whose fight Monday with Maxwell    Dunne    jwluical leader brought    demands    from city snd countv officials that the rangers be ^e# RANtiFKN, Page 13. ( Ol. 3 Pope’s Message To Be Broadcast By The .As.*»ociaied I’re > Progres.Mve>. sireiitlhened their position in Monnn and Upton Sinclair .* Epic p-iri, a* hieveU pwi-tial ^.ucí•es^ in Califomw to highlight eUctionf in *.;;rloUf part', of the nation T^vo more progre.v.ivr. were elf« »-ed to the Wtficonfin date senate yesterday, bringing the LaF’ollette-'-Ired party within one vote of the democratic majority in a »how of force Interpreted in >omr quarter.» as a vote of confidence in the ihlrti party that put Oov, Philip La Follette into office three months ago A republican assembly man    wa* elected from a nwmaliy republican district, but progre.ssivp.s maintained tneir w’d * margin of pow*er in th< lower house In Lo., Angile.s one city r mnrU-mqn was re-elected b* the Sinclair forces who.'c end i>o*ert.v in California” campaign failed to elect the former sorialiKt governor a few months ago .Apparently from 10 to ; .See I’, fi. Vt)l E. Page 13, t ol. 3 VATICAN CITY, April S.—'UPi-Por the first time in history, the pope will address the people of the entire world In a broadc&at when j he Imparts his blessing;» from the balcony ol St Peter s on Sunday. April 21 $15,000 Taken In Payroll Robbery C. H BOVI» OammÉMÉonne BIRMINGHAM. Ala., April 3 — *UP —Tliiec bandit.H today held up Easter Carol Mulllm paMnaster of Love-man. Joseph A IjOeb s department Significance was attached to the »lore and escaped with ta h and ' pope, decision because of the po- checks e«Junat4?d at •pproxtrni.Ulv Oklahoma City oil man, on July 22 tutical MUiAUoo to fiuropA.    «115.000    1933. Court Dismisses M*Kaiiglian Appeal Apix al of W I McKaughaii irom a five--.car pn.»e»n .senlenci- a.- c .*,rd by a :t«th fU,*.inri court jurv at Hhr-krll PfbrUHP. 9 in the riratVi of .f W. Poster, wins dlMtils.sed at .*pi>el-lant’s request by the «-ourt of * imu-nal apiK-als a» Austin toda.v Poster. SUtmford section worker was iniuied the night of .Januar*. 31 in an altercation with McKaugh-an. 39-year-old Anson farmer at the Bluebird beer tavern near the Stamford city limit '», but in Hask*-ll county. He died a few hours later Appellant s motion for reheariiiK in tha ca.se of Bob Sanderson, convicted in Taylor county court of car-rving a concealed weapon and fined $100 on Januarv 3. 1934 was orer-■‘uled Kathryn Kelly’s Sentence Upheld DENVER. April 3 —<A*i - The life .sentence Imposed on Kathryn Kelly. sii:.n. red-headed wife of George •Machine Gum Kelly for her part in the Urachel kidnaping was upheld by the tenth federal circuit court ot appeal® here yesterday. The decision disposed of the last of the appralh taken bv defendant-convlrted for the |2W 000 abduf floi; of Oharle.s F Urschel. millionaire broken packages only, wiUi or with- i out state monopoly as may be de-terinmed b\ future legl.slatures. ‘Fhe dif>peiv»ry plan was sub-sii-tuted for tmtrlght repeal late Tuesday by vote of 76 ayes to 67 noea. t The action was made Irrevocable by ^ vote of 72 ayes to 71 noes on tab-ling a reconsideration How much it can be varied depends on the speaker s rulings Both volet were verified by re hce* REBE.AE. I’age 13. ( ol. 7 RELIEF ROLLS ARE SMALLER No Action Toward Completion of U.S. Works Bill WA.SHING’TON April .1.    -I’-A drop in the numb-1 of families on relief roll** from .January to February' wa.s reported bv the relief ad-mlm.Mration today m> congre.ssional lead«‘rs pressed anew* to break the deadlock on the $4.880.000,000 work-rellef progr rn. Harry L Hopkim notinu that the number of famllie:. on relief declined from 4.544.933 in Januarv to 4 -485.076 in FVbruary. said 'The encouraging feature of tlic situation ih not rhc reprjrted derhne . but the absence of any .*iUb.ManU«I increase which ha.s occurred during recent vears in Pebruarv ” On rapnol Hill, one prommeni «•re RU.Il ' I’afc .3, < »1 5 AUSTIN April 3.—«UP» The state .senate today refused to couple a projxised amendment to classify all property for purposes of taxation with an amendment exempting - Must Die For Slaying of    taxation    up    to ; $3.000 value. Geologist Held Up By Negro Robbers ' MEMPHIS, Tenn.. April 3. t-T. C Cardwell, 37 geologLst of Waco, Texas, waa robbed of $167 bv 1 two negroea Ia.st nlghi. but he had the «ti,s|action of hurling both of • them from hLs speeding automobile, Cardwell believe' both were -»eri-oiisly injured. 1 The bandit« entered the mac hine . w lien Cardwell, who drove up from Holly Springs. Miss., where he has been working, irtopped at a traffic i light After lakin« Cardwell's money, one bandit, who had a pistol, climbed out of the car. and stood on the 1 running board. A burst of speed i and the skidding of the car Into a sldestreet .shook him off Cardwell then righted the car. increa.sed speed again and opened the side ^ door to knock the <HlMr negro from tha machina. Guard During Texas Prison Break AUSTIN, Auill 3. (UP»-The court of crimmal apjveals. la.st resort for criminal cases, closed its doors today lo Joe Palmer, condemned to die for the murder of Major Crow.son. a guard, in the p:a.;tham prison break of Jan 18,; 1934    ! Palmer had appealed for a rehearing after the court affirmed his verdict several weeks ago. rehearing of the case was denied today Defen.*»«' attorney.- claim«! the indictment on which Palmer wa.s (oti-victed by a grlmej. county jury was v icted by a Grimes county was insufficient The outlaw wa.» con-reciting offeniic.s. the Indictment detailed a pr«vnou.s conviction for robber* Actually I hr « «mviction wa.s for robbery with firearm.«, thcrctotf* the indictment wa; faulty, defeu.vc attorneys argued “As .set out in the record on thi.s apt>eal, the evidence was doubtless ftuch a.s to impress th«* jui-y* with the conviction that Uie apjjellant was guilty of the murder of Major Crow’WMi under conriltlons which pre,scntf*d n«> cxtemmflng circum-ataiire.' ’ the court .*,aid today The pri.son break In whU-h Cmw-son was shot wa.*' engineered reput I ediy bv desperado Clyde Parro*# ; now dead I Tlie court toda;» reversed the ca i i of Prcrnont McCollum, .*i*nteiHed to 35 year» by a jury in Colorado coun-fv for robbing the Garwood State Bank of $4 20« on April 30. 1934 House member.s were warned by local officials that exempting home, •iteads from county, city, and district taxation as well as from state levy, might bankrupt many local government.s To provide a new source of revenue to make up for that lost through exemption of homesteads, the house tied in a provision that the legl.slature may classify property and Impo.sc tied in a provision that the classification.*;, It would require intangible tax rates to .*;hare the ad valorem tax burden Tlve .*«enate today .stripiied that provision from the proposed constitutional amendment for hoire.stead exemption bv vote of 15 to It Senator Ben Ducal of Wichita Fall.' feared it wa.» another move oil the pan of vale.s t.'ix advocafe.s to reduce the revenue*, of government to such extent that adoption of a .-ale» tax will be the only re*.-cue from bankrupt; \ ■‘Tiie '.enaior from Wichita Irie.s lo tie his classtficaUo amendment on e\'enihlin' fhal come* ijp wuh the hoi>e he'll get something to bolster it up cried Senator Frank Rawling.*» of Port Worth Oneal replied that the hou.se. not recovery act, which th© oil com-oanies claimed superceded th© it«Tts trust laws. state Will Apf»eal. To exempt farm product, brought the Texa.s law under the prohibition again.'it cla-vs {egi.slwilon. tha court held. The decision wa.y written by A.s-sociate Justice J^ H. Baufh ajnd concurriR* m »*> other justice.*« It wa.s expected the state would perfect an early appeal to the atat® iupreme court Tlie exemption of farm product.x wa.*. hotly contested m both trial and appellate court.*-. District Judge J. D. Moore upheld a constitutionality of the anll-tru.*«t laws but I ruled their effectiveness had been > suspended through pa ..-age by con-' gre-vs of Uie recovery act. Allred sued for forfeiture of the charters of the companie.s and for ' penalties aggregating $17.500.000. , He alleged the companies had violated the .state law) against trusts and monopolies by entering into a code to govern marketing of crude ! Oil product.s. Allred alleged tha ! code resulted from a vC.isplracy, I fostered by the American Petroleum Institute, to stitle Independent competition. Drfendanls Defendants named m the auii were tlie Standard Oil Company of Ned York, Standard Oil Company of New' Jei.scy, Standard Oil C(Hn-pany of California. Siiel! Union Oil Corporation, Humble Oil and Refining Company, the Texas Com-pan>. Gulf Refining Company. Pas-totrx ivtrolcum Company. Continental Oil Company Sinclair Refining Company Magnolia Petroleum Company, Simms Oil Company, Shell Petroleum Corporation CUles Service Oil Coin{>any. Texa.x PacitTc Coal and Oil Company, ’TY.xos Petroleum Marketer.*« Aîwsociation. and American Pciroleiim fnstuute The United SUites supreme court deciMon on w hich the Texas court a niling wa.s ba.sed was that of Connolly agaimst the Union Sewer Pipe Line Company in which the Illinois he, had tied the rla.'sificatioii , amendment to llie homestead tax i antl-lru.st law declare© uncOTl-exeinptioii prc" »Sill    .stitutional Final approval b* the senate for    .'staluf*    .Sow. •«ubrnilting the home.stead exemp- Uie cvnnption oi Jarin producW ti«iu ameniment to popular vote in | was carried forward by codlfier.v November. 19:i6. was delayed until >    --- this afiernonn    >ee I HIM I A' Page 13, Col. 7 RHGEoTiEniiniEiir' OF TEXAS CONVICTS PROBED Beatings. Mutilations at Prison Farm Asserteclly Reported: Board Orders Manager to Investigate «    and •    unfrht •nd w»rniff w »n T«*,’ :• niihi, Tfmrs'i i K-mitv Partly i louiiy tu ThuritriKj, fiartly iloud-. in looin nurriijian l'aobandlr to-loud V T»mp-r4t ir»> Tur» W«d p IT ....... .VS « n CLOUDY    n Dry th»rm'»metfr . •- R*i«Uv» kUBUlity - At) 61 «6 AS 6« »7 h. 6i.‘ .7 fi HOUSTON April 3UP'- Four members of the Texa.s state prison board, heaned bv Col W A Paddock. chairman today mve»tigated alleged atrocHie* at Retrieve farm near Anglelon .•«aid. The ofticlals men here today and 4- as’ged Manager Lee Simmon» of the Oi I prison system, and Warden W. W 15 Wald. Huntaviiie, %o Investigate. Tiw 4s two *nen left immediately for Re-tilevr terday with Co! padduik and Dr. Sidney Llstei Houston Dulaney and Bo« eit rei ealed they lound on their first visit to the farm that tliree men were whipped by orden> on March 15, and »till the Houston Press bòre deep laceration^ and »cars on tlielr boti If 5 Another man had been whipped the da\ before and hi.s b<xly wa.s cut badly by froth beatings, tlie Pie.*.» said n learned. A board member told tlie Preaa iliat a third prwoner’a foot was infected senouidy from seif-admin-Istered mjectlonx of Ibaosene or «0- a» Col Bill Dulaney. HouaUMi. and W. A Boy ett, ranchman member of j some other liquid the board, vlcltfd tJie fann Sunday    lell    of Anipuutl««». after receiving a letter from a con- Four men mutilated their leg* vici the Press ;»aid it learned from with asf.. ^me complrtc amputt-reliablc sources.    j    » They returned Mi tte ftrai >§a-1    i«*    PRO»*»    **•    ^ ;