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Mason City Globe-Gazette (Newspaper) - May 5, 1936, Mason City, Iowa NORTH IOWAS DAILY PAPER EDITED FOR THE HOME NEWSPAPER THAT MAKES ALL NORTH IOWANS NEIGHBORS HOME EDITION VOL XLII FIVE CENTS A COPS ASSOCIATED PRESS LEASED WIRE SERVICE MASON CITY IOWA TUESDAY MAY 5 1936 THIS PAPER CONSISTS OF TWO SECTIONS SECTION ONE NO 180 POINT TAX UPHELD BY HIGH COURT IOWA SEEKS AID TO INSTALL SAFETY SIGNALS Would Eliminate 560 Guillotine Railroad Grade Crossings By GEORGE MILLS Iowa Daily Press Bureau DES highway aid legislation now pending would enable Iowa to eliminate 560 guil lotine railroad grade crossings through automatic safety signal systems G A Huffman Iowa rail road commissioner said Tuesday Huffmans estimate was an nounced as the railroad commission aicmbers of the special state safety committee outlined a three point program to reduce trainandauto grade crossing crashes which have killed 598 persons in Iowa and maimed others in the last 10 years The program which was outlined in a report to Gov Clyde L Her ring is as follows Advance Warning Signs 1 Standard advance warning signs be placed at all crossings not now so provided 2 That the next legislature pass a law making it illegal to pass a railroad crossing signal giving in dication of danger except after the driver has stopped and ascertained the way is clear 3 That funds be provided from federal sources to install approved signal devices at the more haz ardous unprotected grade cross ings Huffman said federal legislation which already has passed thehouse and now is before the senate allo cates to Iowa for grade crossings The report to Governor Herring estimates the average cost of automatic safety signal devices at a crossing making 560 such devices possible if the federal allotment is approved in Washing ton The report is signed by Huff man and H E Dunlap also a rail road commissioner Grade Crossings There are approximately grade crossings in Iowa of which about 900 or per cent are pro tected by some form of safety sig nal protection the report reveals In addition there are 950 crossings with grades separated 252 of which are on primary roads the report continues there are crossings which have no protection whatever than the standard crossbuck sign except at primary road crossings which have additionally an advance warn ing sign placed on the right hand side of the Despite the large number of crossings which would be unpro tected even after 560 additional sig nal systems were installed Huff man says he believes the added systems would do much to reduce the grade crossing toll Installations naturally would be made at the most hazardous crossings first he said and motorists thus would be given added protection where death in the form of a speeding train is most likely to strike Can Install Signals The report admits that complete separation of grades between high ways and railroads is of course the ultimate in safety but points out that a much larger number of safe ty signal systems can be installed for the same sum of money Ninety grade separation projects in Iowa have averaged each so that 24 crossings can be protected by warning devices for the cost of one grade crossing the report says Advance warning signs now are placed on primary roads on each side of a crossing by the highway commission The report recommends that placement of such signs on sec ondary roada be required since the crossbuck sign does not afford a motorist sufficient advance warning of the location of a railroad track Making an arterial highway out of the railroad by requiring motor ists to stop when the automatic signal so advises is being worked successfully in Dubuque the report points out Can Be Carried Out This logically can be carried out in other cities and in the country by enforcement of the Iowa high way patrol the report said It is unfair that protection should be provided at the expense of a rail a state or the federal govern nent without providing for some orced adherence to the warning in li Huffman and Dunlap are two of Lhe five members of the committee appointed by the governor to co ordinate the safety functions of the highway commission the motor ve hicle department and the railroad commission C L McKinnon high way commission member Lew II Duce Declares Ethiopia Is Italian Reno Dies of Heart Attack FORECAST IOWA Partly cloudy Tuesday night becoming unsettled Wed nesday showers in the north west Wednesday afternoon warmer in central and east por tions Tuesday night and in the east portion Wednesday cooler in the extreme northwest Wednes day afternoon MINNESOTA Unsettled in south local showers in north warmer Tuesday night Wednes day local showers warmer in northeast and extreme east cool er in extreme west IN MASON CITY GlobeGazette weather figures for 24 hour period ending at S oclock Tuesday morning Maximum Monday 68 Minimum in Night 48 At 8 A M 57 SEEK FREEDOM FOR AL CAPONE Lawyers Take Advantage of Newly Found Loophole in U S Statute CHICAGO William Parillo said Tuesday he and an as Eociateexpected withintwo weeks to launch an attempt to win free dom for A Capone notorious Chi cago gang leader and were con vinced it would be successful A newly found loophole in a fed eral statute used successfully Mon day to defeat an indictment against six officials of the Trustees System Service corporation will be cited in the gangsters behalf i A Instead of I tl relies on the use of A instead of the in a statute covering the manner in which grand juries may be extended We are convinced it applies to Capones Parrillo said and our present plans are to contend that the indictment on which he was tried is void so that he is being il legally Pajrillos associate conferring with him Tuesday on the move to free Capone is Attorney Lymon W Sherwood who with Attorney Ger ald T Wiley brought about the dis missal of the indictments against the Trustees System officials Seek Habeas Corpus Parrillo and Sherwood plan Par rillo said to go to San Francisco within the next two weeks to insti tute the first legal move toward opening Capones Alcatraz Island prison application for a writ of habeas corpus Attorney Sherwood pointed out that the statute says the district judge may exend the jurys term rather than saying a district He argued that this voided indictments returned by a jury held over by a judge other than the judge who impaneled the jury 2 Men Escape When Highway Patrolmans Car Goes Into Ditch DENISON Southwestern Iowa officers were on the lookout Tuesday for two men driving a car bearing 3935 license plates who escaped after two state highway pa trolmen chasing them wrecked their car in a ditch and were injured The Dixon and Lyle Dawson both of in a Carroll hospital for treatment Dawson suffered a broken collar bone and Dixons leg was injured The accident occurred south of here late Monday Suspicious of the car the patrolmen took chase The suspects turned off highway 29 south of here on to a dirt road Fol lowing the patrolmen drove over a knoll hit a soft spot in the road and plunged into a ditch The car was badly damaged Fatally Shoots Himself VINTON John Bur rows said that P L Trierweiler 48 World war veteran whose body was found in a coal shed at his home fatally shot himself because of fi nancial reverses lace motor vehicle department su perintendent and John P Battery chief of the highway patrol are the other members Militant Iowa Farm Leader 70 Years Old EXCELSIOR SPRINGS jB Reno 70 of Des Moines president of the National Farmers Holiday association died of acute heart attack in his room at the Snapp hotel here at a m Tuesday He had been convalescing from influenza Reno came here March 7 suffer ing from a severe cold which devel oped into influenza and rheumatism After a few weeks he seemed to be on the road to recovery He suffered a relapse two weeks ago after meeting the board of dire tors of the National Farmers Holi day association at his bedside Since then he had shown slight improve ment and even Tuesday morning his physician Dr John Grace reported his condition was better after a rest ful night Mrs Christine Hussy of Des Moines Renos secretary was with him when he died His wife wasnot in the room at the time Repeats Last Words Mrs Hussy said Renos last words were Has the roan I have been ex pecting from Des Moines arrived She answered no and he expired Dr Grace was hurriedly called and pronounced him dead Reno first came into the national eye in the early 1920s as an evan gelist of the discontented fanner in actions of themiddlewest He di rected rstrikes of several states in 1932 and Tall gaunt and fervent Reno was ordained as a minister and was noted for the denunciatory charac ter of some of his platform utter ances To his followers Reno was a leader who braved all in their cause Enemies called him a demagogue The Iowa attorney general in 1932 charged him with using racketeer ing methods in lining up farmers for strikes at 75 cents each for membership Deplorable Favorite Word Deplorable was a favorite word of Reno in describing the farmers condition We demand the same considera tion for our industry as is cheerfully conceded to every other he once said We assume for the farmer the right to obtain this con sideration by the same methods used by other industries that is to refuse to send our products to mar ket for less than production Reno heckled in turn the efforts of William Jardine Arthur M Hyde and Henry Wallace as secretary of agriculture to improve the condition of the farmers He particularly as sailed the AAA He called the pres ent secretary Lord Corn As a member of the corn belt committee he fought for passage of the McNaryHaugen equalization fee bills in 1928 and 1931 Urges Use of Guns In 1934 he addressed the National Fanners Union advising the mem bers in his booming voice to put guns on your shoulders and use force to get justice Reno was smooth faced wore horn rimmed spectacles and had abundant wavy hair which he kept brushed high off his forehead He sometimes wore rough clothes and a cowboy hat The farm revolt of 1933 saw Renos holiday followers picket highways to stop the sale of farm produce halt foreclosure sales and drag District Court Judge C C Bradley from his bench at LeMars Iowa It was put down after Gov Clyde L Herring ordered troops Reno was born in Wapello county Iowa Jan 5 1S66 and was educated at Quaker academy and Oskaloosa college at Oskaloosa Secretary of Union In 1916 he became secretary of the Iowa Farmers Union when it was organized and was elected pres ident in 1921 a post he held until 1030 when he retired at his own request During the last two years he con demned the administration for wrecking the ad dressed young republicans in New York state attended the republi can grass roots conference at Springfield indorsed the Town send plan repeatedly demanded Secretary Wallaces removal and advocated the FrazierLemke mort gage refinancing measure Though listed a republican Reno never let party lines stand in his way campaigning for Alfred E Smith in 1928 as well as Roosevelt i in 1932 and joining with the La Farm Leader Dies MILO RENO Follette third party movement in 1924 Hoover Protest Parade In 1932 when President Hoover made a campaign speech here Renos followers organized a pro test parade which followed the Hoover line of march hooting and catcalling at the candidate as a ago Renos Holiday as sociation held a national meeting here which it heralded as a birth place for a third party movement Father Coughlin Senator Huey P Long Gov Floyd B Olson and Dr F E Townsend of the S200 a month pension plan were invited but only Huey Long appeared The year previous Father Cough Hn accepted Renos invitation to ad dress the Iowa Farm Union con vention and last fall Gov Eugene Talmadge of Georgia leveled his charges at the AAA before a farm ers union convention Indorsed for Senator The farmerlabor party in 1930 indorsed Reno for United States senator but he refused to become a candidate for office a responsi bility he never gave any indication of desiring during his career Reno also served the farmers union as president of its life and automobile insurance companies and was a director of the Union Fire Insurance company State insurance department rec ords showed that in 1931 he re ceived in salary from the life and automobile companies and a per diem from the fire com pany Never Held Pastorate Mrs Reno said he was ordained in the Disciples of Christ church but never held a regular pastorate preaching wherever he was called One daughter Mrs Glenn Boyles of Indianola Iowa survives Mrs Reno said the body would be taken Tuesday afternoon to Des Moines and funeral arrangements would be made after arrival there COLVIN ATTACKS REIGN OF RUM Delivers Keynote Address to National Convention of Prohibition Party NIAGARA FALLS N An attack on a reign of rum and an appeal to support a party to end its diabolical regime was present ed Tuesday by Dr D Leigh Colvin of New York City in his keynote address prepared for delivery to the national convention of the prohibi tion party Calling on the party to redeem the young people of America from being swept into an alcoholic vor the keynoter accused the new ly legalized liquor traffic of adding debasement of women and girls to its former Dr Colvin charged repeal with educating all classes to drink and bringing back into the open the evils that prohibition had driven to We must not forget the heinous moblike and unconstitutional meth ods by which tiie repealists blud geoned the 18th he said REPORTS WAR IS OVER AS TROOPS ENTER CAPITAL American Officials Move Back Into Legation at Addis Ababa By ANDRUE HERDING Copyright 1936 by The Associated Presi i ROME Premier Mussolini de clared Tuesday night the war is over and Ethiopia is He made his declaration to half the population of Italy assembled through the nation in an adunata an official mobilization of the pub lic The populace was assembled in celebration of the fall of Addis Ababa to Italian troops under the commands of Marshal Pietro Bad oglio I announce to the Italian people and to the world that peace is re said Mussolini his voice trembling with emotion Speaks With Pride It is not without emotion and not without pride that after seven months of fierce hostilities I pro nounce this great word but it is di rectly necessary for me to add and that it is our peace and a Roman peace which is expressed in this s i m p le irrevocable definitive phrase Ethiopia is Italian nered balcony in the Piazzo Venezia while thousands of subjects gath ered in the piazza below him Mussolini announced that Badog lio entered the Ethiopian capital at the head of his men at 4 p m Whether this hour was Rome or Addis Ababa time was not Unable to Speak The Italian leader was unable to speak for the first 10 minutes after he appeared so tremendous the ova tion accorded him His speech was interrupted many times by the frantic cheering of the thousands gathered before his pal ace II duce declared that the chief tains remaining in Ethiopia no longer count as negotiators Recalling how last Oct 2 he said he did not wish to make the Ethio pian question of a European ques tion Mussolini declared We now are ready to defend our victory with the same inexorable decision with which we achieved Forced to Shout H Duce said that in this way we believe we will be interpreting the will of the combatants those who died fighting and those whose mem ories are engraved in the hearts of II Duce gradually raised his voice to a shout to make it carry through the almost continuous ovations from the listening throng With reference to Europe II Duce declared I more than ever am convinced that to disturb the peace of Europe means the collapse of II Duce had to shout so loud over the roar of the crowd that toward the end of his speech he became hoarse Throughout his voice trembled with emotion Dressed in a fascist corporals uniform he stood in the center of a tremendous flood light Plans Roman Peace Terms of peace he asserted must be marked with the Roman spirit It cannot be a lame peace for we mean that this Ethiopian problem be settled at once and for all settled as it has been by our own sacrifices alone by our own blood alone by our own money alone without asking anyone for He got his greatest cheer when he declared Italy would defend peace with the same decision with which she reached victory When he finished with a vibrant cheer for Italy the ovation con tinued for many minutes He was called back to the balcony a dozen before he finally retired The crowd remained packed in the huge square for a long time after H Duce disappeared inside the palace before reluctantly beginning to break up REPORT CONTENTS OF LEGATION UNDAMAGED WASHINGTON state de partment wag notified Tuesday that the American legation in Addis Ab aba had been reoccupied by its own officials and that all of its contents were undamaged In a message filed at 6 p Eth iopian time 10 a C S over the American radio transmitting set Vice Consul William M Cramp ON THE INSIDE VERNE MARSHALL Cedar Rapids Gazette Wins Pulitzer Award ON PAGE 10 Luther League Will Meet in Lake Mills ON PAGE 8 400 Odd Fellows at v Meeting in Clarion ON PAGE 8 Roosevelt Victor in Marylands Primary ON PAGE 10 Judge Evans Funeral to Be Held Thursday ON PAGE 2 WA Development of Airport Is Suggested ON PAGE 16 of Philadelphia reported as follows Entire legation white personnel evacuated by British colony this morning at Italians arrived at 4 p m I reoccupied the legation with Tanner Anslow and Cavanah na val radio operators at 5 p m Everything untouched The minister and rest of person nel remaining at British legation un til The Italian government earlier had assured the United States that the lives and property of foreigners in Addis Ababa wouldbe protected according to the rules of war The message which relieved offi cials here was the first to be trans mitted over the naval radio station in the legation since the building was abandoned Tuesday morning and its officials sought safety in the British legation from marauding bandits ranging the city Officials here were gratified par ticularly that Minister Cornelius Van H Engerts fears that the lega tion and radio station might be de stroyed by native attackers did not materialize Methods of Legislature Ruled Valid DES MOINES Iowa supreme court Tuesday declared i constitutional the method by which the Iowa legislature passed the three point tax law which embraces the sales tax and the personal and corporation net income taxes The courts action placed final le gal approval on the form of passage of the democratic administrations key fiscal measure under which is collected annually The ruling upheld Judge Carl B Stigers Marshall county district court decision that the law went through legislative channels in a legal manner All justices except Stiger who now is a supreme court justice and took no part in the decision con curred Point Out Difference In its opinion the court pointed out a difference between the record of passage by the legislature of the three point tax law and that of the salary slash act which the court previously held was not passed as required by law i Nowhere in the record of the sal ary slash act the court said was it shown the house ever voted upon the senate bill But the record shows the three point tax law conference committee report had a majority in each house It follows then that the record es tablished this bill was passed by the assent of the majority of all mem bers of each branch of the general 1 Technicality Argued John Valentine tax board chair man and Clair Hamilton special as sistant attorney general who de fended validity of the law before the high court pinned their case on a technical point of legal procedure The point was whether the su preme court in arriving at an opin ion can consider only facts present ed to it in abstracts and arguments filed in the case at Ray P Scott Marshalltown at torney who attacked the validity of the law argued it was unconstitu tional because a final yea and nay vote was not taken on the bill as required by the Iowa Passed Same Way If the court were to accept the interpretation of Mr Scott thou sands of Iowa laws would be un Valentine said An attorney for the tax board checked journals of 11 regular and three extra legislatures back to 1913 and found acts were passed in the same way as this Two other important laws are challenged on grounds of improper passage in appeals pending before the high court They are the state liquor control act and the gasoline tax law KING HAS TREASURE By THE ASSOCIATED PEESS From Djibouti the fleeing Em peror Haile Selassie was taken in a British cruiser toward Haifa Pal estine with responsible reports in dicating he had salvaged all the crown jewels much gold bullion and silver currency and even had taken along six of his motor cars The leaders of the southern Ethio pian forces Ras Nasibu and his Turkish adviser and staff officer Wehib Pasha fled also stopping in Djibouti London sources reporting the British government frankly humil iated by the unexpectedly easy con Ethiopia reflected demands of laborites that punishment of Italy through sanctions should be continued and increased Accused of Burglary Attempt WEBSTER CITY County Attorney George B Aden charged Bert Roberts with breaking and entering in connection with an at tempted clothing irtore burglary at Stanhope last week STUDY POLITICS REVENUE RAISING Tax Dispute Flares m Which Hastings Attacks House Approved Bill WASHINGTON of congress dwelt on revenue raising and politics Tuesday The tax dispute flared at the cap ital In a statement Senator Hast ings called the bouse bill a regulatory measure that violates every principle of Committeemen continuing public hearings in preparation for senate consideration of the program heard the proposed windfall tax oppos ed by the cotton textile institute Before a convention of organized women workers William Green president of the American Federa tion of Labor declared for the re election of President Roosevelt Other developments The long awaited examination of Dr F E Townsend by the house committee investigating his old age pension plan was postponed at least two weeks President Roosevelt resumed con ferences on proposed housing legis lation The house devoted itself to rou tine and the senate was in recess for three days to permit committee men to devote more attention to the administration tax plan in an effort to speed action on it Truck Driver Fined for Reckless Driving Police Judge Morris E Laird fined Orville Goodling Ventura truck driver and costs late Monday on a reckless driving charge Goodling was arrested early Sunday west of Mason City by Dep uty Sheriff Stuart Grummon and State Highway Patrolman Edgar Faber SUPREME COURT WIPES OUT REST OF GRAFT CASES Indictments Against 31 Defendants Ruled Not Valid DES MOINES state supreme court Tuesday wiped out the remaining Woodbury county graft conspiracy cases by ruling the indictments against 31 defend ants were invalid The ruling marks the legal death of graft grand jury charges that a statewide payoff system reached into the attorney generals office in Des Moines The decision was per by the all the justices concurring except John W Ander son who took no part Atty Gen Edward L OConnor was the only one of 45 defendants named in the original indictments who faced trial OConnor was ac quitted by directed verdict in a re trial after a jury in his first trial failed to reach a decision Reverses Peters Ruling Tuesdays ruling reversed District Judge Earl Peters refusal to quash indictments against the 31 defend ants The courts opinion nullified in dictments against Walter Maley first assistant attorney general Ray Harrison Des Moines attorney Joe Gagen Des Moines professional bondsman C W McNaughton for mer state agent and 27 others Supreme court attaches said that under Iowa law new indictments may legally be sought against the defendants in a new investigation but that the defendants are freed of charges brought by the special grand jury Although the court did not men tion him by name it said in its opin ion that one of the major grounds for disqualification of the indict ments was payment of by Verne Marshall Cedar Rapids Ga zette editor to H M Havner spe cial prosecutor Not Properly Qualified The court annulled the indict ments because Havner and M E Rawlings Woodbury county attor ney were not properly qualified to appear before the special graft grand jury After detailing the history of the grand jury from early English days the court said the grand jury not only has the duty to inquire into charges and make return of indict ments xxx but it has an equal duty to protect the citizens against an unfounded accusation and to pre vent anyone from satifying his mal ice ill will or vindictiveness against the alleged The opinion cited an Iowa statute which prohibits county attorneys or their assistants from accepting any fee from any one for services ren dered in a prosecution When the point was reached that Havner accepted this money from thenceforth he was disqualified to act in this The opinion said Had Two Masters The thought underlying this rul ing arises from the old maxim that a man cannot serve two In other words after receiving this compensation from the editor Hav ner was then in a position where he had two masters one the editor the other the state of The court ruled that Rawlings was not qualified to appear before the grand jury during the investiga tion because he himself in asking the appointment of Havner had said he was unqualified The reason for Rawlings statement was that he had served as an assistant to former County Attorney Max E Duckworth and Duckworth was under investi gation records in the case said Turned Over to Enemies Lou Salinger who argued Haleys case before the high court asserted in his argument that the method by which Maley was indicted was iden tical with turning a man over to his enemies through legal machin Salinger charged Marshall had a pecuniary interest in seeing indict ments were The pecuniary he ar gued lay in rebutting possible libel suits through indictments and documents which woulfl filed with Made by Marshall Charges made by Marshall edi tor of the Cedar Gazette at Cedar Rapids as to protection payoffs over the state played a ma jor part in the launctiinr of tha which at first centered around Sioux City and then spread to other sections of the state Special graft grand juries in vestigating the charges of state wide graft and corruption indicted ;