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Mason City Globe-Gazette (Newspaper) - February 5, 1937, Mason City, Iowa E R us HEM a OF I MO I NORTH IOWAS DAILY PAPER EDITED FOR THE HOME THE NEWSPAPER THAT MAKES ALL NORTH IOWANS NEIGHBORS HOME EDITION VOL XLIU FIVE CENTS A COPY ASSOCIATED PRESS AND UNITED PRESS LEASED WUIES MASON CITY IOWA FRIDAY FEBRUARY 5 1937 THIS PAPER CONSISTS OF TWO SECTIONS SECTION ONE NO 105 F R WOULD REORGANIZE DICIARY I ft PROPOSES BILL TO ADD JUDGES TO HIGH COURT Wants to Speed Supreme Bench Action on Issues oi Constitutionality WASHINGTON Roosevelt asked congress Friday a sweeping reorganization of the judiciary He proposed in a surprise mes sage to increase the membership of the supreme and lower federal courts to speed supreme court action on constitutional questions and to curb injunctions by fed eral courts in constitutional cases 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 jus tices to fifteen and the lower courts by two members each un less judges over seventy retired These proposals do not raise any issue of constitutional law the president said listing four spe cific recommendations as follows Name Extra Judges 1 Authorization for the pres ident to name an additional judge in any court when an incumbent has reached the age of 70 has held office 10 years and within six months after reaching 70 has nei ther resigned nor retired This would permit appointment of six additional supreme court justices at the present lime 2 Authorization for Ihe su preme court to watch lower court calendars and assign district and circuit judges to Sockets courts with LOOK INSIDE FOR GUSTAVE ALESCII Would Boost Respect for Lawyers Courts ON PAGE 2 Plan Annual Basket Tussle at Y Court ON PAGE 9 Iowa Recovery Forces Are Still Progressing ON PAGE 8 Report Conferees Near Agreement on Strike WATERS START Man Days in Mine TO GO DOWN AT in West Virgima Rescued CAIRO ILLINOIS n oiv decisions injunc judgment or decrees on con stitutional questions without am ple notice by the court involved to the attorney general and an op portunity for the United States to be heard Direct Quick Appeal 4 Direct and quick appeal to the supreme court of cases involv strain and would be able to play an useful part in relieving the growing congestion in the busi ness of our courts Among them are men of eminence and great ability whose services Ihe government would be JoathVtbilosev Ifon the other Levees Hold Fast as Army Engineers Continue Their Watch MEMPHIS Tenn bat tered but unyielding levee line re pulsed the Mississippis greatest crest Friday while rehabilitation control and relief problems en gaged Ihc flood scourged Ohio val ley and the nations congress Army engineers maintained a force of 120000 river fighters along the defenses to keep the countrys worst flood from multiplying its cruel toll of 392 dead nearly 1 000000 homeless and 5550000000 in property loss The Mississippi and Ohio were receding slowly in the Cairo 111 sector Friday and barring storms to send the muddy water smash ing against improvised dikes en gineers considered the battle won but promised a ceaseless watch I for days or perhaps weeks to ome Water Control IMan President Roosevelts 00000 public works program lo urb raiding rivers lay before ongrcss receptive to flood con rol plans The proposal calls for plan of water control lor tin Ohio and Mississippi in combina ion with a six year program o public works Senator Norris Nebraska Dad ing constitutional questions The presidents message also was accompanied by a letter from Attorney General Cummings as serting delay in administration of justice is the outstanding defect of our federal judicial system Before sending the bulky docu ment to the capitol the chief ex ecutive went over the whole sub ject at a special cabinet meeting attended also by Vice President Garner Speaker Bankhoad Dem ocratic Leaders Robinson and Rayburn and Chairman Ashurst D Ariz and Sumners D Texas of the senate and house judiciary committees Conference Held Up This meeting caused a half hour delay in the presidents regular press conference at which he read the entire plained it message and ex He said he was urging no com pulsory retirement of judges but asserted the necessity for reliev ing present congestion extends to Ihe enlargement of the capacity ot all the federal courts He added however that n part of the problem of obtaining a suf ficient number of judges to dis pose of cases is the capacity of the judges themselves This brings forward the ques tion of aged or infirm subject of delicacy and yet one whicTi requires frank discussion Mr Roosevelt said in his mes sage 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 Would Vitalize Courts Life tenure assured by the con stitution he said was designed to place the courts beyond tempta tions or influences which might impair their judgments it was not intended to create a static judici ary A constant and systematic ad dition of younger blood will vital ize the courts and better equip them to recognize and apply the essential concepts of justice in the hand any judge eligible for re tirement should feel that his court would suffer because of an increase in its membership he may retire or resign under al ready existing provisions of law f he wishes so to do In this connection let me say that the pending proposal to ex tend to the justices ot the su preme court the same relirement privileges now available to other federal judges has my entire ap proval Four Present Needs Wear the close of his message Mr Rooesvell said it dealt with four present needs First he said lo eliminate congestion ot calendars and to make the judiciary as a whole less static by the constant and systematic addition of new blood to its personnel second to make the judiciary more elastic by providing for temporary transfers of circuit and district judges to those places where the federal courts are most in arrears third to furnish the supreme couri practical assistance in supervising the conduct of business in the lower courts fourth to elimin ate inequality uncertainty and delay now existing in the deter mination of constitutional ques lions involving federal statutes If nil of these things were done he asserted we shall go ong way toward our high ob jectives Believed of Necessity If these measures achieve their aim the president contin ued we may be relieved of the necessity of considering any fun damental changes in the powers of the courts or the constitution of our which involve consequences si far reaching as to cause uncer tainty as to the wisdom of such dy of the Tennessee valley V hority act offered a proposal ti handle the flood problem by ere ating enough TVAs to cover the entire country Such a program contended would mean Tin naximum navigation develop nent the maximum flood control he maximum reforestation llv naximum correction of soil ero ion and the maximum amoun of power Report Shopping Boom Cincinnati reported a shopping boom reminiscent of holida rade as stores reopened lo mee Buyers long denied needs The Ohio overflow continued ti ctrcat from Louisville at the vote of three feet a day leaving th city with an acute housing prob em which Mayor Neville Millc planned to discuss with Harry Hopkins WPA administrator en route there today with the fed eral flood relief commission Farto the west southern Orego flood conditions brough about by rain and melting snow that sent streams overflowin over highways Resist Flood Crest Hickman Ky nestled snugly an apparently safely behind its con Crete flood defense Just belov the Reelfoot levee protecting bundled square miles of wester Tennessee staunchly resisted crest of the flood Downstream the river still was on Ihc rise U edged up to 4709 feet on the Memphis weather bu reau gauge last 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 5B feet With levee weak spots reinforced at Mellwood and Ferguson Ark engineers saw little difficulty ahead 6 Year Old Mail Declares I Had Given Up All Hope FLEMINGTON W Va obcrt Johnson lost for eight ays in debris filled passageways t an abandoned mine was car ied to safety Friday alive well nd puffing happily on a cigaret Id given up all hope said lie year old rural mail carrier o rescue workers who found him early two miles from the mine nirancc early Friday Johnson who carted coal from lie mine in his spare lime for sale o neighbors was found huddled ichincl a heap of jagged chunks if slate Hescue crews at first expected difficulty in removing the state jut had little trouble reaching the mprisoned man Hear Feeble Cries Three of the scores ot volun eers who had searched the mine day and night since Johnson dis ppcared Jan 27 heard his feeble cries for help while exploring a narrow tunnel His first words were lo assure limself he hadnt merely imag ncd a light had cut through Ihc dark C F Pride assistant safety di rector for the stale department of mines quoted him I told myself Bob please dont lose that light He didnt As the rescue party came closer he called to Mike Slanko Jr Ed ward Whitehall and William Westfall all his friends and neigh The Weather FORECAST 10AVA Snow probable Friday night and Saturday rising Iciu peralitres Friduy night Satur day rising temperatures in east ern portion colder In extreme western portion MINNESOTA Snow probable IOWA SENATORS TRADE CHARGES ON PARTY GIFTS Further Legislative Action on Moratorium Put Off to Next Week DFS MOlNliS Friday nifflit ami Saturday ris legislative action on the farm mortgage moratorium bill was delayed Friday until next week through adjournment of the sen ale unlit Monday morning The house earlier Friday re temperature Friday night am in cast portion Saturday collier in northwest portion Sal unlay IN MASON CITY GlobeGazette weather figures lor 24 hour period ending at 8 i fused to back down on its mora torium bill stand plunging the oclock Friday morning Maximum Thursday 7 Above Minimum in Night 7 Below At 8 A M Friday 3 Below COAST STRIKERS RETURN TO JOBS 40000 Maritime Workers End Their Walkout After 98 Days i measure into a conference com mittee fqr conciliation of differ ences between the house and sen ate The conference group was to meet over the weekend and sub mil its report next week Although the senate quit work i for the week at noon ihe house SAN 98 day FRANCISCO Pacific coast strike that cost an maritime estimated paralyzed commerce on the sea and slowed industry on land dissolved Friday into a At the outset the president not ed he had urged reorganization of the executive branch He now was making he said a similar recom mendation with respect to the ju dicial branch so that it also may function in accord with modern necessities In urging the grant of power lo add judges when those now on the bench reach 70 and refuse to re tire the president said Some Retain Viper In exceptional cases of course judges like other men retain to light of the needs and the factsan advanced age full mental and of an ever changing world The bill would limit the total number of judges to be added in all courts to 50 Six of the present nine supreme court justices are past 70 and under the proposed bill they would have the same retirement privileges that are now accorded lower court judges The latter may now retire on full pay but the supreme court justices must resign to obtain full pay The proposals the president said do not raise any issue of constitutional law They do not suggest any form of compulsory retirement for incumbent judges They Coulii Continue Indeed those who have reached the retirement age but de sire lo continue their judicial work would be able lo do so Bunder less physical and menial physical vigor Those not so for tunate are often unable to per ceive their own infirmities They seem to be tenacious of the ap pearance of adequacy This latter quotation the presi dent told reporters was taken from an unnamed justice He recalled that bills along the line he proposed for adding judges had been introduced in the past and the attorneys general Mc Reynolds and Gregory in the early days of the Wilson adminis tration had suggested the same thing Other matters which hold he capitals attention were Ask Lewis Senator Nccly DW Va said he would ask John L Lewis gen eralissimo of the automobile strike to testify next week on his PAUL LANDA IS NOW IN CHICAGO Missing Protivin Man Is Reported Found Gone Since Jan 19 Albert T Pcderson C r e s c o reported Thursday evening that Paul Landa missing Protivin man has been located near Chicago ac cording to a letter received by Landas mother at Protivin from friends who had seen him and that he is still alive but no fur thcr particulars Lancia has been are available missing since Jan 19 He had been sought near Hayfield and Osceola and au thorities feared that he might have met foul play Take your time Ill guide you by your light Reach Through Hole They cautiously approached Ihc heap of slate reached through a hole and gripped Johnsons hand he was safe Then word went to the surface sped through this little commun ity of about 400 population in northeastern West Virginia Pride and eight others gathered stretchers and blankets They hurried into the mine waded and swam through a deep pool of water covering nearly an acre where originally many be lieved Johnson drowned while trying to open clogged drains Pride told of administering first aid and declared Johnsons physical condition was excellent considering the long exposure He had been drinking sulphur water and his lips were badly parched He thought he had been in the mine for a month Placed on Stretcher Placed on a stretcher Johnson recognized one by one the men who carried him from the mine wading shoulder deep through five feet of icy water Near the mine entrance they halted U was comparatively warm in the mine but outside a heavy snow was falling They heated stones wrapped hem in blankets and placed them ibout Johnson who rested quict iy on a stretcher Taken out on the mountainside Johnson was carried a quarter of a mile down a snow covered path to a waiting ambulance There he was joined by his lis first questions was Hows my hurried to a hospital 15 miles away in Clarksburg the nearest large city AH Visitors Barred All visitors including the min ers wife Mrs Delvera Johnson were barred from his hospital room in Clarksburg Dr C F Fisher gave him large quantities of coffee and said he would be fed strained soup later in the day His condition is splendid sai Dr Fisher Theres no question of him recovering He has talked a lol but every thing is coherent nnd his talking apparently is a natural reaction to days alone Mrs Johnson made little com ment on her husbands long im prisonment saying Im so happy Im so happy I dont know what to say I knew all the time he was alive down rlr bythe 40000 rushbade strikers who lied up 233 ships Disputes involving waterfront workers remained unsettled al Iwo ports but signing of new con Iracls last night by shipowners and the seven striking marine unions closed the nations cost liest maritime labor dispute went back into session at 2 p m after a luncheon recess Hurl Veiled Charges While the house was taking action on Ihe moratorium propo sal democrats and republicans in the senate hurled veiled charges at each others methods of rais ing campaign funds and passed a bill which incorporated demands of both parties As passed by the senate and sent to the house Ihc campaign chest bill prohibits solicitation of funds from state Former King Set to Wed on April 27 VIENNA Duke ot Windsor plans lo marry Mrs Simpson on April 27 at cither the Fnzcsfeld castle of Duron Eugene Rothschild or in Vienna a usually reliable source disclosed Friday This is the exact date on which Mivr Simpsons divorce decree from Ernest Aldrich Simpson sup posedly will become final The former British monarch wants his fiancee to arrive in Vienna April 24 three days before the proposed date for the wedding ceremony WctltlliiR ul The informant added the wed ding probably would be held at Enzesfcld beeause the expenses there would be less than in the Austrian capital and the duke must watch his pennies He emphasized however that these current plans arc subject lo after the duke confers with his sister the Countess of Harcwood the prin cess royal who will arrive in Vienna Sunday Would Avoid Publicity It also was learned the duke had expressed a desire to move from the castle to an inexpensive Alpine lotel Bui he was dissuaded by his royal relatives who cautioned him vgainsl bringing any publicity upon himself As master of the castle in Hit absence of his host and hostess the Baron and Baroness Roths child the duke is obligated to paT the wages of the domestic staff loi Shipowners vied each other to get the first vessels un der way Longshoremen and sea men besieged hiring headquarters for available jobs Merchants competed for service in obtaining strikebound cargoes or booking space for shipments One line in voked seniority rule to accom modate a rush for passenger ac commodations Men Arc Grateful The end of the strike was an nounced at p m C S T by Henry Schmidt chairman of the strikers publicity commit tee who said the men would re turn lo work at 8 a m Friday thousand men are grate ful commented Strike Leader Harry Bridges Im only one of them Shipowners in the scramble to get commerce moving and regain lost markets deferred comment but engaged time on a national radio network NBC Blue p m Friday night to express their attitude and gratification Gel Higher Wages The strikers themselves ended the walkout by an overwhelming vote except in one instance ac cepting negotiated agreements These generally provide higher wages union control of hiring longshoremen and unlicensed sea men the eighthour day or less and adjusted working conditions Licensed officers and engineers got wage increases and union rec ognition Maritime in the mine firemen rejected an agreement which their negotiating committee did not recommend but will vote on a revised agreement meanwhile returning to work The revisions have to do with overtime wage scales and several minor is sues Walkouts Unsettled A strike of tugboat deckhands in San Pedro and a stand of cist coast seamen and truck drivers were irritants in the southern Cal ifornia harbor Walkouts here ut several unions affiliated with the International Longshoremens as sociation remained unsettled The strikers principally comprise workers in shipbuilding yards and repair centers The eastern seamen declared they would not permit work on charge republicans leveled at democraticstate officials seeking reeleclion At the same time the senate ap proved a section preventing Iowa parties or candidates from re ceiving contributions from out of stale firms persons or corpor ations The section was added o ihe bill by democrats who re ferred to tile gift of several housand dollars to Iowa republi cans from the duPont family of Delaware in the last campaign Liquor Firm Gifts Tlie climax of parly fund de bale however came when Sen ator E P Donohuc R of New Hampton author of the original bill declared I think we should prohibit acceptance of campaign contributions from nonresident firms dealing in liquor Differences between the house and senate on the moratorium bill centered mainly about the extent of protection to be granted by the measure The sen ate insisted it should apply only lo mortgages written before 1931 and the house voted to include all mortgages written before 193G Tiie house refused lo back down by an 81 to 13 vote Rep Ed R Brown R of DCS Moincs sought to call the measure back for further revision to limit the extended moratorium lo land bank and HOLC mortgages but was ruled out of order He indi cated the conference committee would be urged to insert the pro vision More Bills Introduced Six more measures were placed in the house hopper and lhat many more were added to Ihe senalc file Both houses received a pro posal lo extend the delinquency date on properly taxes to July 1st with a provision they should draw interest if unpaid then at n rale ol I per cent a month Another house measure would increase daily pay of county su pervisors from 55 to S10 but wouk also limit mileage claims to a year in counties of 50000 0 Jess and S250 to counties ot men than 50000 The bill also wouk limit salaries lo yearly il counties of 50000 or nol more llipn S500 in counties of more lhat 50000 witli a restriction of total several months todays informal stated The now are i Paris HOPK TO STOP WEDDING TO MRS SIMPSON LONDON M I n f o r m c c sources said Friday individua members ot parliament are at tempting to prevent the inarria of tiie Duke of Windsor and Mrs Wallis Simpson by marshaling op position to a proposed m nual allowance to former Kini Kdward One observer described Uii members altitude this way if the duke holds to ius de isioti to wed the American wotn n for love of whom he renounced ie throne he must support her rom his own funds without help rom the British treasury The opposition has grown to a oint it was said whore the fiov irnmcnl is believed at present to arry out its plan for an annual grunt of 25000 pounds for Edward On the ground of high prin ciples some liberal and laborile ncmbers arc reported to stand igainsl any pension for the fpr ner ruler CANNOrUOSES IN LIBEL SUIT Defendant Tinkham Victor by Directed Verdict in Action WASHINGTON Repre sentative Tinkham of Massachu setts won a directed verdict Fri resolution to investigate Genera Motors corporation E L Hart of Atlanta Ga rep resenting the Soithern Traffic League of Shippers asserted Fri day that repeal of the longand short haul clause of the interstate commerce act would prove a ca tastrophe to interior cities He testified at B house commHtcc hearing Jordan Given Life Term for Murders WASHINGTON Iowa Judge Frank Bcchly Friday sen tenced William Jordan 45 for mrr power company engineer to life imprisonment in the state pen itentiary after Jordan pleaded guilty to the fatal shooting of 25 year old Mabel Sayrc tavern waitress and Dan Goode farm handJanuary 21 cast coast vessels tied up until operations meet the terms award ed west coast seamen Business interests which esti mated the strike cost daily said its close rescued 1000 firms and 500 exporting offices from slow failure To Widen Streets DFS MOINES Streets Commissioner John MaeVicar an nounced that he received approval for a Fcdernl Works Progress administration grant for widening streets here The total cost of the project will be day 3500000 libel suit by Bishop compensation a year to S500 and S750 Rep Robert D Blues resolu tion asking for a house and sen ate investigation of the old age pension setup was received by the house and held over under the rules Pass Clarifying Act Before recessing at noon the house voted flu to 0 lo pass a measure clarifying and coordin ating collections for the care of state wards from relatives ot fi nancial It deferred action on S F 7 which would legalize execution sales made by sheriffs in cases where notices were not properly said bills broughl against him James Cannon Jr Justice Jennings Bailey of fed eral district court ordered the jury to find for the republican Massa chusetts congressman after hear ing lengthy arguments by Tink hams counsel to end the case without presentation of defense testimony suit was filed by Cannon a Southern Methodist churchman as the result of n statement made by Tinkham regarding the bishops handling of anli E Smith campaign funds Tinkham on a challenge by Can non repealed to reporters re marks he made on the house floor Roger J Whiteford Tinkhams attorney argued in asking the di rected verdict thai Cannon could nol have been libeled in Tink hams statement because the bishop invited it He cited numer ous cases to support his conten tion that damages could not be collected on invited libel executed House members they were skeptical of the provisions and wanted more time in which to study it The senate passed nnd sent to the house a bill to provide for the rotation of names of municipal court judge candidates on election Sheriff Asks for National Guard Aid Use of Force Not Planned AUTOLAIJOI AT A GLANCI5 ISv tin Associated Tress Sheriff Thomas Wolcotl re ceives writ for arrest of strikers holding Flint Mich body plants asks national guard aid in enforcing order Attachment action based on violation of court injunction taken as General Motors offi cials resume conferences at De troit with Cov FrankMurphy and strike leaders Agreement reported near National guard officer says no physical attempt lo eject strik ers for the present Reports current that union demand for recognition as sole bargaining agency only obstacle except Flint situation to im mediate reopening of all Gener al Motors plants Governor says representatives of corporation United Automo bile Workers of America and committee for industrial organ ization making progress Murphy says he is doing everything possible to preserve peace and order in Flint Mich center of a u t o m o t i ve strikes asks civil and military authorities to cooperate Sale of liquoiywihe andbeerhailed7 COMPLETE SETTLEMENT OF STRIKE CONFEREES GOAL DETROIT UP Cov Frank Murphys sixth conference with opposing leaders seeking sclllc menl of General Molors automo tive strikes recessed for lunch shortly before 2 p m Fri day The conferees planned lo re sumo their discussions later in the afternoon We arc in the midst of lialions and will stick with il the governor said as representatives of General Molors the United Automobile Workers of America and the committee for industrial organization left the court cham bers where the meetings are in their third day This is a matter affecting not only General Motors but the whole nation Hcporls ARiccnicnl Near The recess came soon after a national guard officer at Flint Mich reported he was informed the conferees were nearing an agreement The governor said Ihe parties in the negotiations were nearer together lie said he had talked with President Roosevelt Friday Al Flint Sheriff Thomas Wol cott hold n writ nbliincd by Gen eral Molors for arrest of stay in1 strikers in two Fisher body plants and ot union leaders directing the strikes there Murphy was asked if Ihc sheriff had asked him for troops No Direct Kfply The governor said he had made no direct reply 1 directed the military authorities early this morning to preserve peace and order in Flint and see to it that mob rule docs not happen and thai no other incident will be al lowed to embarrass peace nego tiations The conferees Friday were the same as Thursday William S Knudscn executive vice presi dent of General Molors Donald son Brown finance officer im John Thomas Smilh the corpora tions attorney arrived more than an hour and a half after governor Murphy and the labor representa tives John L Lewis Leo Pros man and Homer Martin had reached the courtroom Look Up Data Knudscn and his colleagues had ballots and sent back to commit tee a bill lo revise the Iowa bal lot by placing names ot candidates in columns under the office they seek rather than in parly columns The upper chamber approved house changes in the resolution providing pay for extra legisla tive help been delayed il was understood looking up certain data desired at the conference They went imme diately into the conference room without commenting upon the move at Flint through which the corporation obtained an attach ment writ against the sit down strikers in the Fisher body plants there The issuance of the eviction writ at Flint came as many ru mors circulated that only one is sue stood in the way of an agree ment that would permit reopening on short notice of all closed Gen eral Motors plants This was the question of collective bargaining representation Proposal Submitted The report had it that a pro posol whom had wns been nol made ;