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Mason City Globe-Gazette (Newspaper) - February 21, 1936, Mason City, Iowa NORTH IOWAS DAILY PAPER EDITED FOR THE HOME THE NEWSPAPER THAT MAKES ALL NORTH IOWANS NEIGHBORS HOME EDITION CENTS A COPY ASSOCIATED PKESS U5ASEU WIRE TWO SECTIONS Court Fight Is Unlikely New Dealers Afraid of It as Issue in Campaign By CHARLES P STEWART ASHINGTON pre dictions are safer than the predic tion that the United States su preme courts power to nullify acts of congress will not be seri ously attacked at the current ses sion of the na tional legislature That is especi ally true since the favorable TVA decision The necessity for limiting the tribunals auth ority as exercised will be strongly Plans to limit it will continue to committee rooms But no definite action will be at tempted Nothing could be aQComplished anyway there isnt time enough be tween now and even the remotest possible date of congressional ad journment However the question very easily could be made a cam paign issue And the new dealers are afraid of it as a campaign issue Not Certain of Issue Maybe the antinew dealers are afraid of it too but they have no choice in the matetr The supreme courts power is sat isfactory to them as is Unless it is assailed they have no occasion to defend it If it is assailed they will have to defend it whether or no Thus the initiative lies with the new dealers If they were sure of the courts unpopularity with the rank and file of the voters a majr ity of them undoubtedly would rave a policy of iag to the mat as speedily as isible but they are not that cer i They suspect that the issue 1 gnt be a bad one from their own Strongly for Court Antinew dealers naturally are solidly prosupreme court Not only are they supporters of the high tribunal on general princi ples The nine old men also have thrown several damaging wrenches into the newdeal ma chinery winning the political grati tude of the antis On the opposite hand pronew dealers by no means are solidly anti supreme court Illustratively Senators George W Morris of Nebraska and William G McAdoo of California both are new dealers Yet Senator Norris is a supreme court modificationist Senator Mc Adoo is not The administration cannot afford a split of this sort It would rather submerge the supreme court issue for the present Moderately Educational The attitude of Senator Joseph T Robinson of Arkansas democratic leader in the upper congressional chamber in recent debate was sig nificant The senator had plenty of fault to find With the system under which the nine old men overrule the na tional legislature but was careful not to outline any specific plan for changing it There are too many seminew dealers who he knew would not go the whole way toward a constitutional amendment The antisupreme court policy in short is only gradually so New Deal Shies The nub of the whole thing is this There is a legislative power an executive power somewhat restric tive of the legislative power and a judicial power restrictive of the leg islative and executive powers The legislative power can by a twothirds majority override the executive power hut nothing can override the judicial power as it interprets itself It is final Norris progressives would take this final power out of the judici arys pass it on to the legislature to be ultimately perhaps following a 6to3 7to2 or 8tol judicial verdict And then the legislature could hand its authority on to the execu tive The new deal may be willing to contemplate this in the theoretical future but not at the coming elec tion SPAIN RESORTS TO MARTIAL LAW House Amends Farm Bill to Protect Consumer Would Ban Basing Point Price Fixing WASHINGTON tative Hubert Utterback D Iowa introduced with Senator Wheeler D Mont bills designed to outlaw the basing point method of price fixing by the steel and other in dustries E TO ONE TURNED DOWN IN SENATE Would Keep Production Above 1920 to 1929 Consumption WASHINGTON house Friday wrote a strong consumer protection amendment into the new farm bill and pushed the measure ahead toward passage The amendment was proposed by I Representative McCorrnack It would direct the secre tary of agriculture to work toward a prewar parity income for the farmer xvithout discouraging pro duction to a point below the 1920 29 average domestic consumption Accepted by Chairman Jones D Texas of the agriculture commit tee the consumer proviso was along the lines of the Wagner amendment defeated by a wide margin in the senat After McCormack had explained the interests of his industrial area in protection of the consumer Jones told the house the amendment was acceptable since it included the 1909 14 parity objective for farm in come This would be attained by seeking to reestablish the ratio of that period between the net income of the farmer and nonfarmer Wins on Voice Vote Theamendment was adopted on a voice vote While congress put in last licks on farm legislation President Roose velt Friday indicated he favors plac ing employes of agencies to sub sidize farming and all postmaster ships under the civil service eventu ally He did not suggest action on the postmasterships at this session of the congress In his press conference Mr Roosevelt also gave encouragement to adxocates of another TVA in the Pacific northwest predicted tax legislation to finance the nexv farm program would be formulated after his return next xveek from Hyde Park N Y and said he would con tinue talks xvith heads of govern ment spending agencies Favors Short Probe Among other capital news Speaker Byrns said the house in vestigation of the Toxvnsend and other old age pension plans should be a relatively short investigation We dont need to go into the merits and demerits of the Town send plan Byrns said There have been rumors and rumors and ru mors about their collecting thou sands of dollars There may not be any truth in them and there may be a lot If they are true we ought to find out hoxv the money is being used for sinister purposes or other xxise and from ivhat sources it comes Would Lexy Fines The house xxays and means com mittee approved a bill to impose fines of or for failure to file duplicates with income tax returns That action reversed a previous decision to table the measure which xvas requested by the treasury and introduced by Chairman Doughton DN Commerce department figures showed United States exports in January were xvorth 13 per cent more than in the same month last year The senate took the day off Wind Up Probes While preparing to get the farm bill off its hands congress has xvound up the txvo year senatorial investigations into the munitions business and the causes of xvar The munitions committee which con ducted the hearing will strive for legislation to broaden present neu trality law and to curb war profits The committees final revelation was evidence that 0 Max Gardner former democratic national commit teeman was hired as counsel to the aviation industry because of his po litical influence He received 000 in 1934 said a letter written by James P Murray representative of Boeing Aircraft company Reponed Fresh Evidence on Hauptmann Collapses Gov Hoffman Has Plan to Grant 2nd Reprieve TRENTON N J fresh evidence fixing Bruno Rich ard Hauptmann anexv as the xvriter of the Lindbergh ransom notes col lapsed Friday at the same time that Gov Harold G Hoffman reiterated he has no intention of granting a second reprieve to the condemned man The handwriting evidence xvas supposedly discovered in the office of Col Mark 0 Kimberling warden of the state prison by a subordin ate who said he detected a similar ity between the letter p in the ransom notes and the same charac ter in letters written by Haupt mann since he had been in the death house Like Ransom Notes Colonel Sclby George Selby chief deputy received a note writ ten by Hauptmann Colonel Kim berling said He found a letter p he thought looked like that in the ran som notes I dont agree there is a similarity or that there is any re semblance The handxvriting has not been referred to an expert and will notbe There is no need for it Governor Hoffman in a formal statement said he was more con vinced than ever by Hauptmanns silence that the crime is still un solved and said he had made no plan for another reprieve Friday through his press aide William Conklin he said The governor said Thursday night there will be no further re prieve He has not changed his at titude Letter to Pastors Meanwhile it was learned the Rev John Mathiesen Hauptmanns spir itual adviser had sent a circular let ter to many pastors of the United Lutheran church in the United States saying an encouraging xvord to the governor at this time would be greatly appreciated The Rev Alexander Berg pastor of Christ Lutheran church Trenton who received one of the letters said it read in part I feel that xve as ministers have a great duty to perform to preach and to stress civic rights as based upon Gods xvord And there is a great deal for us to do We have a right to uphold those people who are interested in that and especially at this time the governor of this state Harold G Hoffman an en couraging word from Christian peo ple to him at this time would be greatly appreciated Called True Christian The letter was sent by Mr Mat thiesen for no other purpose than Transfer Approved DES MOINES Comp troller C B Murtagh Friday al lowed Clay county to transfer 56 000 from its emergency to its poor fund 5 Killed 16 Injured in Japanese Quake OSAKA Japan earth quake extending over ten prefec tures killed five persons and injured 16 seriously Friday in this seaport on the southern section of the main island of Japan a police survey showed TRIAL OF BROWN GOES TO JURORS 4 Verdicts Open in Case of Missourian Accused of Slaying lowan SIDNEY case of Charles Broxvn Phelps City Mo laborer charged xxith slaying W J Mawhor Riverton Iowa farmer went to the jury shortly before noon Friday District Judge Grover Broxvn told the jury it could return one of four verdicts guilty of first degree mur der guilty of second degree mur der guilty of manslaughter or not guilty He pointed out that Broxvn claimed self defense hut declared that if the jury found the evidence shoxved him the aggressor in the quarrel he said he had xvith Maw hor this defense did not apply Prosecution and defense attor neys compieted final arguments yes terday Attorney Clayton Allen summed up the defense case xvith an attack on Mawhors character asserting Maxvhor xvas a dangerous and feared man He told the jury in stead of putting a hangmans noose around this mans neck Fremont county should give this man a pen sion A V Thornell of the prosecution staff cautioned the jury to apply reason to this thing not emotion or prejudice He said Broxvn xvcnt to Mawhors home to obtain money from the slain man and asserted a man cant get a gun go to the scene of the affray and claim self defense Brown shot Maxvhor Dec 2 during a quarrel at the Maxvhor home after his daughter Ruby told him Maxv hor made improper advances to ward her For Commander Frank K McCarly past com mander of the Dubiujuo post of the American Legion and detach ment commander of the Sons if the American Legion in loua has announced his candidacy lor ilie state Legion at tlie Clinton com ention next Au gust Iowa Daily Press Photo to enlighten you about his Haupt manns moral and spiritual attitude toward the kingdom of God and the Of Hauptmann the minister had this to say I know him and I love him He is a true Christian and a brother of Christ I believe Hauptmann has been greatly wronged The clergyman said that Haupt mann told him Pastor if I have fallen so low as to murder a little baby I would not want to live any longer So far as could be ascertained none of the local ministers who re ceived the form letter has replied Views Not Influenced The withdrawal of Samuel S Leibowitz New York criminal law yer from participation in Haupt manns defense activities and state ments indicating Leibowitz believes Hauptmann is guilty have not in fluenced the governors views of the case he said Thursday night I had hoped he said that Mr Leibowitz in almost nine hours of questioning might have been able to get something fromHauptmann if he had anything to tell Hauptmann himself his chief counsel C Lloyd Fisher said is fully aware of the hopelessness of his situation but is still in good physical and mental condition Would Quiz Jafsie Fisher said he had written and would like to question Dr John F Condon the Jafsie of the ransom negotiations about his reported statement that he was offered 000 to change his testimony and to explain purported discrepancies in his story He said he has received no reply If it is necessary to the at torney general to get Dr Condon back here I will Fisher said Con don is in Panama Leibowitz in his last visit to Hauptmanns cell used a variation of an old third degree trick to try to frighten Hauptmann and per suade him to tell the whole truth it was disclosed Thursday Looks at Chair Leibowitzs plan was to make Hauptmann visualize the nearby electric chair separated from the cell block by a door How he did it xvas described by a person who was present at the interview Wednes day Guards removed the screen from Hauptmanns cell as he pointed to flaws in the condemned mans story Then he moved to the door of the execution chamber looked through a peephole and asked a guard cas ually if that was the chair he saw The person who observed these happenings said Hauptmann paled and gripped the bars He shivered and sighed and for a moment lost his voice But he quickly recovered Leibowitzs plan had failed Martin New Checker Champion of State SIOUX CITY Martin 22 year old Otturmva filaycr won the Iowa checker championship here Thursday night by defeating Victor Davis of Fort Dodge defending titlcholder Luther Sammons another Ottnm wa player finished third and Bob by Hicks of Waterloo was fourth HAMMILL HOLDS LIBERALISM BIG NEED OF G 0 P Declares Leadership of Conservatives Must Give Way republican party is in dire need of a more liberal minded leadership former Gov John Hammill of Britt declared Fri day before the Hancock county re publican convention here old guard conservative lead ership dominated by finance barons and industry must give way to a new asserted There must be a substantial pro posal and accomplishment for farm betterment he said Declarations that sound well but without action become meaningless and delusive Farm relief has been one of the big issues through two administra tions and I am sorry that the action which has been taken up to date has scarcely accomplished its orig inal purpose How far the govern ment should go in additional experi ments in this direction and how far it should go in repealing or amend ing existing laws is a question that will not doxvn Necessarily this sub ject will require close attention from the best minds of the country We need the finest type of business leadership we can get Criticism Not Useful Political ranting and indiscrim inate criticism get nowhere xvith fair minaed and thinking people Withering indictments by one party against the opposition party beget no good results Such criticism is often motivated by selfish purposes it may be greed for power The question of agricultural bet terment is a national problem in xvhich all of the states cooperate A farm program should be worked out by congress within the limits of the federal constitution if possible and if it cannot be done the consti tution must be amended In order to maintain a price level for farm pro ducts there must obviously be co operation among slates What is needful is prices that insure cost of production and a reasonable profit to the farmer Conservation of soil and soil fertility are matters of mo mentous importance The farmer needs help not charity The farmers integrity en ergy courage and thrift must not be strangled nor his morale broken The way must be opened for self preservation and selfrespect This cannot be done until the burden of debt he is now carrying be removed to a point xxrhere farming is on a par with other great industries Farm mortgages should be provided at loxv rates of interest Waste and Inefficiency There is a lamentable waste and inefficiency in the present working of the public xvorks Every PWA project should be very much worthwhile and be of probable per manency Furthermore PWA xvork ers should be required to actually earn their xxages and corporate enter prises must cooperate with the government to overcome unemploy ment Balancing the federal budget is the first step necessaryto the re vival of industry in this country We must put our house in order but above all the federal govern ment xxhich is the heart of our na tional structure must balance its budget and restore confidence there From there confidence xxhich is the life blood of trade xvill be trans fused into our retailers of the reestablish that faith xxhich is so necessary to the flow of credit A balanced budget should be established at the earliest possible moment God speed the day Must Bo Adjusted in the present emergency all governmental expenditures must be adjusted to the ability of the pub lic to pay The revenue of our more prosperous times no longer exists and the government must cut ac cording to its cloth A most im i portant thing for the restoration of public confidence is the demonstra tion by federal and local govern ments that they can and xvill live xvithin their income under stress of necessity Something may he accomplished by reorganisation of administrative agencies but xvhat government in this country needs from Washing ton down to the smallest township in the smallest of the states is not so much reorganization as demo bilization demobilization of the Temperature Rises as Sun Warms State The sun shone brightly in North Iowa Friday and temperatures mounted rapidly after a night that saw mercuries again slip well below he zero mark Mason City had a 17 below reading during the night nnd the early Friday minimum at the American Crystal Sugar com lany plant north of the city was 22 Beloxv It was 3 above zero in Mason ity at noon Friday Some sections of the state had lurries of snow Friday continuing Lhc fall that was more genera on Thursday but the weatherman promised that skies would be clear all over Iowa on Saturday and that temperatures would be higher He explained that a deep low tnessure brings snow and warmer temperatures is breaking through from the west and that temperatures in southern Canada and northwestern United States are rising Augers Well for Iowa Which he added augers well for Iowa Temperatures took their usual slide early Friday after rising into the twenties above zero over much of Iowa Thursday but except for the north part of the state they stopped at zero or a little below Charles City reported a minimum of 18 was 33 degrees below normal Spirit Lake reported 20 below Dubuque 6 below and Sioux City 2 below Dea Moines got off with an even zero while Council Bluffs recorded 4 above Davenport 6 above and Keokuk 10 above The weatherman said it probably wouldnt be as cold Friday night as it was Thursday night He pre dicted a 5 below minimum in the north section and 5 above in the south 35 Above Hern The temperature reached a maxi mum 15 above zero Thursday Large shipments of coal fresh fruits and vegetables and other goods continued to arrive in Mason City Friday as railroads made prog ress in relieving the congestion of freight that had accumulated at terminals during the recent cold wave The highway commission put its rotary to work on No 107 between Clear Lake and Thornton The coun ty equipment which reached Thorn ton from Rockwell was moving on toward Meservey Light snow was reported Friday morning at Sioux City Council Bluffs Des Moines and Charles City and clouds covered practically all the state Only Half Inch But we dont expect more than a half inch of snow at the most the weatherman said The coal shortage continued eas ing off as more roads to isolated towns xvere broken open and fuel production continued at full capaci ty Railroads were bringing in a lot of eastern coal as well Only two towns appealed to Gov Clyde L Herring for aid Thursday and these wanted help in opening roads so they could get coal in Emergency mining will be contin ued Saturday however Frank Wil son Iowa mine unon president agreeing with Governor Herring that the state wont be out of the woods until it stores up a little coal surplus Few Drifts Lnft The highway commission said it still had a few drift plugs to push out of trunk highways in northwest Iowa In the rest of the state the commissions snow fighters have turned to opening twoway passage through the drift canyons and to aiding county crews bring isolated towns back into contact with the world Among the high temperatures re ported Thursday were Newton 27 above DCS Moines 21 above Keokuk 32 above Ames 24 above Clinton 20 above Marshall town 25 above and Audubon 14 above ON THE INSIDE COL JOSEPH I McMULLEN Col McMullen Plans to Fight Conviction ON PAGE 3 Reed States 8 Billion Tons of Water on Iowa ON PAGE 5 Replies Pour in to Square Year Query EYE OBSERVING PAGE 4 James Day Indicted for Murder of Loeb ON PAGE 14 John Senneff Scores New Deals Spending ON PAGE S NEGRO SOUGHT IN ATTACK IS SLAIN 6 Year Old Girl Dies and Mother Lies m Hospital Near Death ALTUS Okla 6 year old daughter of a prosperous farm couple died Friday an hour after a Negro sought for a vicious attack on the girl and her mother had been shot and fatally wounded by a posse of 100 men near Blair Okla The Negro said by Undersheriff Ernest Hathaway to be Willie Jones 32 an exconxfict hunted as a suspect in the attack on Mrs Alice Wilson 31 and her daughter Alice at their farm home Thurs day night The assailant battered his vic tims about the head with an ax handle and a frying pan apparent ly in a robbery attempt Mrs Wil son lay near death today in a hos pital at Mangum Okla Five other Negroes were under arrest and feeling xvas running high among neighbors of Mrs Wilson Coal Is Trucked roads xvhich have been blocked to Rock Falls for a week were opened Wednesday and coal is being trucked from there to relieve the fuel shortage here TfeWeather FORECAST everincreasing army of office hold ers that is living off the country like an everdarkening swarm of locusts Only the people can effect that In the final analysis the basis of every occupation is a matter of voluntary effort but united action is secured only by some central authority IOWA Generally fair Fridar night and Saturday not so cold Saturday and in north central portion Friday night MINNESOTA Fair not quite so cold in extreme southeast and northwest Friday night Satur day increasing cloudiness and not socold probably snoxv in north west IN MASON CITY GlobeGazette weather figures for 24 hour period ending at 8 oclock Friday morning Maximum Thursday 15 Above Minimum in Nisht 17 Beloxv At S a m Friday 12 Below Snoxvfall Trace North loxvas moderation of tem perature xvas of brief duration Af ter reaching 15 above zero Thurs day afternoon the mercury started ion a sharp decline ending up at 17 beloxv zero in the early hours Fri day morning More and more it ap pears that this month will go doxvn in history as the coldest February ever knoxvn At the sugar plnnt north of the city there was a minimum Friday morning of 22 linlow xvith 17 at S a m This is our of the greatest ranges hptxvcfn town and country temperature recorded this xvinter MOVES TO CURB RADICAL RIOTS DEATH TOLL 27 Civil Guards and Troops Active Everywhere to Restore Order By ALEXANDER H UHL Copyright 1D3B by The AMOClated guards killed two extremist rioters and wounded 10 more at Bollullosdel Conado Huel va province Friday raising the to tal of election dead to 27 persons The new leftist government of Manuel Azana was forced to de clare martial law in many commun ities as a result of increased rioting by the celebrating leftists Civil guards and troops were ac tive everywhere attempting to re store order while hundreds of polit ical prisoners were released from jails Red flags were raised by com munists in several isolated villages Conservatives Attacked The killings at Bollullos del Can dado were precipitated by a crowd of extremists who attacked conserv ativesof the village The civil guards Spains semi military constabulary tried to break up the fight but failing shot a volley into the extremist ranks One of the men wounded in Thursday nights riot in Barcelona died Friday One hundred guards armed with machine guns were dispatched to I the town of Ecija in the far south western province of Huelya where communists proclaimed a soviet state and raised their red Police in Clash Police clashed with another group of demonstrators displaying the red flag in Hoyo Pinares Avila pro vince and one woman was killed there The government decided to ask President Nicclo Alcala Zamoras signature to a decree authorizing the cabinet to submit to the permanent parliamentary committee the ques tion of an immediate amnesty for all political prisoners The entire nation was under a state of alarm putting the police forces on guard martial law ex tended to Alicante Cordoba Mur cia Valencia and Zaragoza prov inces and a declaration of general martial law appeared imminent Reluctant to Wait In view of the mounting demon strations by the leftists reluctant to wait until the amnesty could be debated by the parliament the government arranged for an early meeting of the parliamentary com mission on the question Informed sources said a decree of general amnesty for all political of them held since the socialist revolution of October would he drafted to morrow and signed Saturday to be come effective upon publication in the official gazette Monday A riotous demonstration at Bar celona where leftists carrying the Cataloninn flag of independence used during the 1934 revolution de manded quick liberation of all per sons held for political offenses prompted the government action Prison Cells Emptying Prison cells were emptying al ready under a government order ganting provisional liberty to form 10000 to 20000 persons against whom charges had not yet been preferred and those convicted not yet sentenced Those sentenced to short terms were ordered released pending ap peals but the more important pris oners including loaders of the Aus trian revolt serving life sentences were forced to await a general am nesty law U S Citizen Given 2 Years in German Prison for Treason MUNICH Germany Nisselbcck naturalized United States citizen tried for attempted high treason was sentenced Friday to two years imprisonment of which he has served nine months while un der investigation The prosecuting attorney had j asked that Nisselbcck be sentenced I to six years imprisonment charg ing that the defendant war prc pared to enter into communication with Otto Strasser exiled leader of the antiHitler black front The defense insisted however that Nisselbcck was an agent of the steel helmets disbanded war veter ans organization and that he had 1 no intention of overthrowing the i German government ;