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Mason City Globe-Gazette (Newspaper) - February 17, 1936, Mason City, Iowa NORTH IOWAS DAILY PAPER EDITED FOR THE HOME THI NEWSPAPER THAT MAKES ALL NORTH ICWANS NEIGHBORS HOME EDITION VOL XLII FIVE CENTS A COPY ASSOCIATED PRESS LEASED WIRE SERVICE MASON CITY IOWA MONDAY FEBRUARY 17 1936 THIS PAPER CONSISTS OF TWO SECTIONS SECTION ONE NO 113 Pittman s War Scare Senators Claims Embarrassing to Administration SALE OF POWER BY TVA UPHELD By CHARLES P STEWART ASHINGTON C P is no secret in Washington that Senator Key Pitt mans persistent warnings that the United States must pre SUPREME COURT SUSTAINS RIGHT OF GOVERNMENT Rule on Other TVA Hull if not to the entire Roosevelt administration From a militarists standpoint it is true of course that a case can made out of a clash of interests pare for war with Japan or Q p U 1 i expect to take a DCClSlOn f 3 11 S tO licking when a conflict between the two nations docs come are embarrassing t o Secretary of State Cordcll By JAMES DOLTHAT Associated Press Staff Writer WASHINGTON a deci sion which did not reach to the con stitutionality of the TVA as a whole the supreme court Monday in the Pacific between Uncle Sam upheld the right of the and Japan However Secretary Hull is not violently militaristic Obviously he is disinclined to have a war if one can be necessarily to yield too much to Japan but not to be provocative either Pittman Provocative Senator Pittman on his part is provocative What makes his fulminations es pecially tryins lo the state depart ment is the fact he is chairman of the senates foreign relations com mittee Consequently the things he says give the impression of American foreign spokesmanship It is a wrong impression as to the state department Secretary Hull ha been forced to the declara tion that the Nevada senator is speaking only for himself not tor the United States government Nevertheless under most govern ments differently subdivided from Uncle Sams the senator is inter preted by the press and people if not by technical experts as oratmg for all America and it does little good for Secretary Hull to point out that he is maybe a lone voice Besides Pittman is an admmis credit him too utterly Says It Twice Pittman first declared prelimin ary war on Japan in an informal speech before a commercial associ ation in the far southwest Not being official that did not matter much The senator subsequently asserted that he had been misquoted too But when he subsequently re peated himself on the senate floor to substantially the same effect it be came fairly evident that he meant what he said the first time Anyway Senator Pittman was logical It is difficult to say as much for Senator James Hamilton Lewis of Illinois who supported him with the assertion that Japan and Russia are uniting to exclude the United States from oriental markets It is notorious that Tokio and the Soviet republics are at more bitterly because they are near er neighbors than are Japan and the United States Seek 1re pa rations The nub of it is that militarists want preparation for war Speaking militaristically there is a certain amount of sense in a pie diction of war between the United States and Japan It is a mystery how a war could fix the termf be evolved between the United States on one side and on the other side Japan and Russia It is as like to dispose of surplus power from dams constructed for purposes of navigation control or as a national defense measure An 8 to 1 decision by Chief Jus tice Hughes with McReynolds dis senting hold that the construction cf Wilson dam at Muscle Shoals was constitutional and that the government purchase of transmis sion lines from the Alabama Power company to distribute the energy was also valid i A minority contended that the i court shouid have dismissed the case Decision Is Limited j i The decision was limited to the j validity of the contract in question and the governments right to disj pose of property belonging to it Thus other manifold activities of the as land purchase resettlement and encouragement of wider use of electric not directly affected A record breaking crowd which included many notables listened in tently as Hughes read the hour long history making decision The chief justice leaned forward and i spoke in a clear forceful voice i After ruling that the construction of the Wilson dam as an act of na tional defense and for the improve ment of navigation was legal court held that there was no con stitutional prohibition against the manner in which the Tennessee Val authority was disposing of the electricity generated there Surplus powor is power produced in excess of purely governmental needs Hughes asserted authority to dis pose of property constitutionally ac quired was specifically provided in the constitution itself Silent on Method The constitutional he ruled is silent as to the method of disposing of property belonging to States That method of course must be an appropriate means of disposition according to the nature of the property It must be one adopted in the public interest as distinguished from private or personal ends and we may assure that it roust be con sistent with the foundation prin ciples of our dual system of govern ment and must not be contrived to govern the concerns reserved to the states x x x As to the mere sale of surplus Rail Road Traffic Kept Moving Despite Snow CLEARING SKIES ON THE INSIDE BRUNO HAUPTMANN Delay in Fixing Time of Hauptmann Death ON PAGE 2 Alice the Army Mule Proves to Be NoLady ON PAGE 2 2 Trains Leave Track in Shell Rock Vicinity ON PAGE 7 House Group Favors Townsend Plan Probe ON PAGE 11 Liquor Stores Reduce Hours to Save on Coal ON PAGE 12 Byers Says Blood Will Change Map of World PAGE 4 COL 2 Three Killed in Collision of Freights JORDAN en gine crew members were killed and one injured Monday when a freight train on the Chicago St Paul Min neapolis and Omaha railroad crashed into the rear of a stalled freight The dead Albert Holly about 55 the en gineer Dwight ti Johnson fireman Eau Claire Wis One unidentified man Ray Ebert who suffered two broken legs was taken to St Marys hospital in Minneapolis The doubleheader ireight haul ing a long string of cars smashed into the other freight about 3 a four miles from here The two en gines toppled over pinning some of the victims beneath them Volunteers called from neighbcr ing communities worked in 15 below zero weather removing the bodies One oil car sprung a leak and its contents spread along the track Several cars leaped the track and rescuers handicapped by the bitter cold searci the twisted wreck age for ouier possible victims Steam roared from both engines as they lay sidewise on the track Undertakers said Holly who had been thrown clear of his engine probably died from loss of blood An artery of his broken right leg was severed but his body bore no other marks of injury IOWA ENGINEER KILLED BENEATH HIS ENGINE OSKALOOSA C Porter 55 M and St L railroad engineer was killed Monday under neath his engine at the roundhouse when a second engine backed into it Porter was setting up wedges in a pit preparing his engine for the local run to Marshalltown when the accident occurred He had been employed by the road since 1900 pnergy nothing need to be added to what we have said as to the consti tutional authority to dispose The government could lease or sell and Should Be Dismissed In an opinion by Justice Bran dcis joined by Cardozo Roberts tween Canada and Australia versus j snci stone it was contended that ly as that there should be a war be the United States What the military folk want in short is a good excuse to arm the suit should have been dismossed because of lack of jurisdiction Thereupon Justice McReynolds They can find it after a fashion j read a dissenting opinion No indi against Japan As against Russia it is too silly for discussion Jim Ham Lewis logic and all IS SNOWED IN PVinr Snnnlip Afp If under the thin mask of clis windlmg rood supplies are g of property the United statea Being Doled Out to 200 Marooned Persons cation had previously been given that the ruling was not unanimous He delivered the dissenting opin ion in the famous gold clause cases last term McReynolds said he objected to the extent of the governments ac tivitics j I he said the trial court reached the correct conclusion i and that its decree should be ap proved Can Enter Business HATFIELD Snow trapped Hatfields 200 marooned townspeople doled out dwindling posing of property can enter the business of generat ing transmitting and selling power as when and wherever some board may specify with the definite de sign to accomplish ends wholly be yond the sphere marked out for them by the constitution an easy food supplies Monday while rescuers I way has been found for breaking battled to open an emergency road rf to the town before nightfall Aided by two snowplows volun teers had cleared a dirt road im passable for a month to a point four miles from town Only 10 pounds of sugar and a dozen sacks of flour remained in Charley Jones General store Coal and kerosene were exhausted weeks ago Old buildings and shade trees were chopped for firewood One woman had ripped up the floor of her home for fuel down the limitations heretofore supposed to guarantee protection against The general purposes of TVA it was held by eight justices present no justifiable The Tennessee river is a naviga ble said Hughes develop ing the thesis that the constitution reposed powers over navigation in the federal government Uphold Sale Contract The court by its ruling upheld llCt ULfillt AUVI Hatfield is 16 miles from a railI a contract for sate by the Alabama 1 Power company of transmission road Carnegie Report on Townsend Plan Says Scheme Impossible NEW YORK Townsend OSCAR HARTZELL IS HELD INSANE Judge Sentences 6 Others in Drake Fraud Trial to Year Each CHICAGO Hartzell chief defendant in the Sir Francis Drake mail fraud rial was de clared Monday in a report by a court psychiatrist to be a paranoiac and insane Jururv j dfi j j d L Sullivan old age pension plan is described entenced six Dieted with as one of the most visionary and impossible schemes ever presented men convicted with Hartzell to one year and a day each in the federal prison at ior public acceptance by the an1 worth Karls Because of insanity nual report cf the Carnegie Foundaj report he did not pass sentence on tion for the Advancement of Hartzell ing publishcdMonday lines to the Tennessee Valley au thority The court limited its decision to the case before it The court expressed no opinion on other dams or other government activities It took Hughes one hour to de liver the historic opinion The ruling in the final new deal case that was ready for decision by the high tribunal has an important bearing on the utili ties industry The decision had possible reper cussions on the new deals dam con struction program and the maquoddy tide harnessing project in Maine The court refused a declaratory decree enjoining the government from future activity in competition with the private utility industry as a result of TVA dams under con struction or to be built Three Dams Started Three have been Wheeler and Pickwick Landing dams Wilson dam directly involved in the litigation was begun iii 1917 to produce power and nitrates for war purposes Delivering the concurring opinion Brandeis said the preferred stock holders had no right to bring the suit because they had not proved damages There is no showing of irrepar able he asserted He spoke slowly apparently from memory The concurring opinion Indicated the decision had been held up by differences of opinion over whether the case should have been dis missed The case was argued 60 days ago FORECAST IOWA Generally fair Monday night and Tuesday preceded by snow Monday night in extreme east portion severe cold with colder Monday night MINNESOTA Generally fair Monday night and Tuesday ex cept unsettled In northeast Mon day night severe cold with cold er Monday night in extreme south and extreme northwest IN MASON CITY GlobeGazette weather figures for 24 hour period ending at 8 oclock Monday morning Maximum Sunday 5 Below Minimum in Night 13 Below At 8 A M Monday 11 Below Snowfall 3 Inches Precipitation 2 of an Inch Figures for 24 hour period ending at 8 oclock Sunday morning Maximum Saturday Minimum hiNight At 8 A M Sunday 5 Below 25 Below 18 Below North Iowas snow level Monday forenodn was in excess of two feet Only once in recent the latter part of February this been equaled The average on Feb 27 of that year was listed as 27 inches Monday noon Feb 17 1936 it was listed at 25 inches Total snowfall in the winter of 192829 was inches Thus far this winter the total has been 48 inches RADIO PRIEST TO ACCEPT DARE OF HOUSE MEMBER Coughlin Will See If OConnor Can Kick Him Around WASHINGTON Represent ative Sweeney told the house Monday the Rev Charles E Coughlin will arrive in Washington Tuesday to take u p Representa t i v e OConnors DN chal lenge to kick the Detroit priest all the way from the capitol to the white After reading to the house the telegram sent the Detroit radio priest by OCon nor Sunday in re ply to Coughlins radio attack on the rules committee chairman Sweeney said Father Coughlin will take up that challenge and will arrive here tomorrow Applause and Yells Sweeney only had one minute of time in which to read the telegram and make that statement The ap plause and rebel yells which greet ed OGonnorsrtelegram were so loud that few members heard or caught the significance of Sweeneys ob ject in reading it Questioned by newspapermen Sweeney said the radio priest not only would be here Tuesday but would give OConnor open opportu nity to fulfill his threat to kick him from one end of the historic avenue to the other FrazierLemke Bill At issue was the FrazierLemke bill to issue up to in new money and use it to refinance farm mortgages at easier terms Father Coughlin demanding pas sage of the bill accused OConnor Sunday of trying to intimidate leg islators into taking their names off a petition which is being circulated in an effort to force a vote on the measure As chairman of the powerful house rules committee OConnor had a strangle hold on the meas ure the clergyman said He called on President Roosevelt to order OConnor to release the strangle Father Coughlin declared that OConnor should not only be re moved from the committee chair manship but should resign his seat in OConnor Answers Priest OConnor was sitting by his ra dio listeningin When the address was over he seized paper and pen cil and wrote a telegram to the priest He said it read as follows Just heard your libelous radio rambling The truth is not in you You are a disgrace to my church or any other church and especially to the citizenship of America which you recently embraced You do not dare to print what you said about me If you will please come to Washington I shall guarantee to kick you all the way from the capital to the white house with clerical garb and all the silver in your pockets which you got by speculating in Wall street when I was voting for all farm bills Come Opposed to Bill The house leadership is bitterly opposed to the FrazierLemke bill Its backers attempts to obtain a vote have developed into a seesaw struggle With 218 signatures necessary to force the bill out of committee to the floor they have at times ap proached within three of that num ber only to lose some strength as legislators removed their names Last reports said the number was well over 200 Speaker Byrns has declared that if the bill should be put to a vote it would be defeated Confessed Murderer Gets 99100 Years ALBUQUERQUE N Modesto Trjuillo confessed slayer of Carl N Taylor magazine writer pleaded guilty to second degree der Monday and was sentenced by Judge FredE Wilson from 99 to 100 years in the state penitentiary Tracks Cleared Second Time In these scenes near New Hampton huge drifts were cleared away second time on the Milwaukee railroad previous blizzard drifts were 25 feet deep and were pictured in the GlobeGazette The above photographs taken Friday show upper left a closeup of an engine in the drift upper right gmoke coming from the engine which cannot be seen because of the drift lower left only the top of the train show in and lower right shovelers cleaning out the bottom of the roadbed 8 Day State of Alarm in SpainCalled MADRID state of alarm to last eight days was de clared throughout Spain Monday following the deaths of six persons in Sundays general election One more person was killed Mon day bringing the casualties for the last two days to 7 dead 16 seriously injured and scores suffering minor hurts Declarations by both radicals and conservatives indicated that the leftists had won between 250 and 265 seats out of the 473 in parlia ment The state quires that of re police authorities be constantly on the alert but does not suspend civil pro claimed in the face of rumors that a state of war might be instituted Large Leftist Gains Authorities feared that disorders might result from large leftist gains in the election A cabinet ses sion was called The failure of the government to give out any official reports on the election results led to that the leftists had proved stronger than had hitherto been admitted in their campaign against the govern ment centerrightist coalition for seats in the new parliament Six Lose Lives Although six were killed in elec tion disputes officials said the day passed more quietly than previous Spanish election days The latest semiofficial returns indicated a sharp swing to the left cutting into the rightist strength but the rise of the center party ap peared to make probable a victory for the rightist government center coalition The left appeared certain to take from 220 to 230 of the 473 seats in the new parliament but the governments winning of about 65 seats prevented a decisive leftist victory Between 17 and 30 Burn to Death as Films Catch Afire VALPARAISO Chile tween 17 and 30 persons were burned to death early Monday by a fire which started among movie films in the JtaloChilean Cinema company building Two residences next to the three story building were destroyed Firemen recovered 17 bodies mainly of women before a and said they feared 13 other per sons had perished RUSSIA JAPAN DISPUTE GROWS Soviets Expected Soon to Withdraw Consuls From Manchoukuo Copyright 1336 by Tho Asocial C1 Japanese foreign of fice spokesman said Monday night that information from Hsinking in dicated Russia soon would with draw all her consulates except the consulategeneral at Harbin from Manchoukuo Officials said they believed the withdrawals were not connected with the recent fights along the Manchoukuoan borders and could not be interpreted as a preparation for war They said that instead the Rus sian action could be regarded as an outcome of the three years dispute over the desire of the Japan created empire of Manchoukuo to stablish consulates at Khabarovsk Nikols kussarisk Verkhneudinsk and Irk utsk in addition to those established in 1933 at Blagovestchensk and Chita Manchoukuo pointed out that the soviet maintained consulates at Mukden closed last Tsitsi har Heiho Manchuli and Progran ichnaya in addition to Harbin and demanded an equal number in Rus sia The demands went unanswered until last December when Manchou kuo pressed insistently for action leading to the allegedly forthcoming move of withdrawing for consulates Reporters on Strike at Milwaukee Paper MILWAUKEE room employes of the Milwaukee Wis consin News belonging to the Am erican Newspaper Guild went on strike Monday Picketing of the News building was started at once despite belowzero and snow temperatures Fishing Schooner Is Reported in Distress BOSTON guard head quarters Monday reported the Ger trude L Thebaud twomasted fish ing schooner and winner of the 1930 fishermens race in distress off Halifax N S The Thebaud pride of the Gloucester fishing fleet coast guardsmen said was 120 miles east of Halifax with disabled engines AND MORE COLD SEEN FOR STATE Railroads Deliver Coal in North Iowa Over WeekEnd While a stifling blanket of snow over the sidte grew deeper Mon day railroads and highway engin eers were succeeding in keeping traffic moving hoping the wind which was causing drifts in the old cuts would not become more se vere The weatherman forecast clear ing skies but he also prediced se vere He did not foresee any heavy winds Snow removal work probably go ahead unhampered by any se vere he said at least for the time North Iowa highway commission officials however did not seek to hide their apprehension over the situation Monday afternoon when There was no apparent letdown in the wind which was causing the highways to drift Although cars were getting through motorists were not encouraged to take to the highways Temperatures early Monday hung from zero down to 15 below over most of the state after bitting down into the minus thirties in the northwest section early Sunday Mason City had 13 degrees below Sunday night Saturday night the mercury dropped to 25 below Theyll get up around zero again the weatherman said and then coast down to a minimum of 30 below in the north half of the state and 20 below in the south No Sign of Break he added but theres no sign of a were try ing to find one just as hard as any Four inches of additional snow had fallen from late Sunday night to noon Monday in the Mason City territory The new snow made a total of 48 inches for the winter against 68 in 1929 for the whole season Considerable drifting was report ed in several sections of North Iowa Monday although main roads were still open At Forest City which had a minimum temperature of 14 below 3 inches of snow fell which was drifting some Arrival of seven carloadsof coal Saturday afternoon and the first mail train in several days was reported at Forest City Osage where the mercury dropped to 12 below reported snowfall of inches with considerable drift ing Farmers arriving in Thornton said roads were drifting badly 20 Below at Clarion Clarion reported snowfall and a temperature of 20 below at 8 oclock Monday morning Only one car of coal was received there and more was badly needed Drifting was reported at Hamp ton where the mercury dropped to 13 below accompanied by 3 inches of snow Two cars of coal were re ceived Monday morning Railroads utilized the weekend to bring coal into Mason City and other North Iowa communities1 in many of which the shortage had become acute but were apprehen sive above the weather conditions as threatening conditions developed Monday Trains were in operation Monday morning with plows continuing their work of clearing away the drifting snow Five Cars for Mason City The Rock Island railroad was bringing five carloads of coal from Manly to Mason City Monday after noon these being part of a consign ment of fuel sent into North Iowa over the weekend Seventeen other cars of coal were also in Manly headed for other com munities Of these Estherville was to get four The other cars were fo go to Wallingford Garner La kota Manson Luverne Iowa Falls Dows Clarion Graettinger Arm strong and Thompson Freight trains were late but they were getting through it was stated at the office of H W Odle general agent Passengers operated close to schedule except for No 32 aouth bound which was held yp at Mason City for a time when the wheels froze to the rails No 62 from Minneapolis to Chi cago and St Louis arrived at Maniy one hour late Sunday night No 61 eoingnorth to Twin Cities from Chicago and St Louis was 40 min utes late Monday morning No 63 ;