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Mason City Globe-Gazette (Newspaper) - May 25, 1936, Mason City, Iowa NORTH IOWAS DAILY PAPER EDITED FOR THE HOME THE NEWSPAPER THAT MAKES ALL NORTH JOWANS NEIGHBORS HOME EDITION VOL XLII FIVE CENTS A COPY ASSOCIATED PRESS 1WRB SERVICE MASON CITY IOWA MONDAY MAY 25 1936 THIS PAPSR CONSISTS OF TWO SECTIONS SECTION OMB NO 196 Laws Wont Stand Test All National Social Legislation Held in Danger By CHARLES P STEWART CPA The federal supreme courts outlaw ing of the Guf fey coal act wa not in itself much of a stock to New Dealers At least they were expectin it What does perturb them is the implication in the high tribunals rulinj that no imagin able Kind of so cial legisiatio of national proportions will stand the constitutional test Not only are they alarmed for the future of such new agencies as the social security and labor relations boards The sug gestion is heard that older setups like the federal trade board and even the Interstate Commerce com mission might be put out of busi ness if attacked on grounds similar to those upon which the Guffey law was invalidated The Guffey decision was not en tirely satisfactory to all antinew dealers either A Sick Industry Bituminous coal mining is a no toriously sick industry Not only the miners but many of the big mine owners surfer from the malady The latter were as hopeful as the former that the Guffey remedy would ease their sufferings Now it appears that the proposed medicine is illegal A considerable number of conserv ative as well as liberal congressional voices are raisfid to the effect that to keep up with changing conditions various new enactments are needed whether or not they are unconstitu tional Rooseveltiana seemingly have not been in favor of fighting during the coming campaign for a limitation of the supreme courts power to nullify acts of congress Hinted at Issue Some time ago the president hint ed at the raising of such an issue when he spoke of the undesirability of returning to horse and buggy days as defended by the courts nine old men in their opinions It was a wise crack which evidently did not however or appar ently he thought it did not for he did not follow it up But today with the august nines majority manifestly deter mined to block his whole program he may have to Frank Healy prominent in NRAs legal counsels once undertook an in quiry into worldwide social legisla He had a competent staff to help him and he found he tells me that nearly every civilized country on earth has social laws in advance of this of a sort that Uncle Sams high court considers unconstitutional Written Constitutions he assures me is be cause these countries have not such inflexibly written Senator James Couzens of Michi gan raises the point What is constitutional anyway I vote for a law that I think is constitutional The supreme court holds that its by a 6to3 or 5to4 majority On my side are three or four of preeminent jurists Am I to think that I am wrong with this minority agreeing with Im not even a A Conservative Court The queer thing is that the out standing supreme court appointees were chosen by conservative presi dents Justice Brandeis named by Presi dent Wilson not so very radical Justice Stone named by President Coolidge surely a conservative Justice Cardozo a Hoover selec tion certainly not a Even Chief Justice Hughes was a reformer in his youth Justice Roberts was regarded when nominated by President Cool idge was considered a mild liberal But it is a conservative court Justices Van Devanter McRey nolds Sutherland and Butler pre dominate PERKINS HOUSE MEMBER DIES 64 Year Old Republican Had Represented Seventh N J District Since 1921 WASHINGTON UPi Randolph Perkins of New Jersey died Mon day at Georgetown hospital A republican Perkins had repre sented the seventh New Jersey dis trict since 1921 He was 64 years old Prior to coming to the house Per kins served in the New Jersey legis lature and was mayor of Westfield for two years 5 NORTH IOWANS DIE IN CRASHES Municipal Bankruptcy Act Not Constitutional ASKS WARRANTS FOR 13 MEMBERS OF BLACK LEGION Michigan Probes Outlaw Organization Having National Scope DETROIT and kid naping warrants were asked by Prosecutor Duncan C McCrea Mon day for 13 members of the Black Legion held here in the slaying of Charles A Poole and for 12 John Does who may have attended the meeting at which Pooles execu tion was planned The prosecutor declaring the vigilante society as an outlaw or ganization national in an nounced he would ask the depart ment of justice to help us drive it out of Two of the men held McCrea said had admitted that Poole a young WPA worker was put to death because he knew too and not because he had been ac cused falsely of beating his wife 13 Are Named The 13 named in the warrant rec ommendations were Harvey Davis a colonel in the blackcloaked order which has a deaths head for its insignia Day ton Dean accused of emptying two pistols into Pooles body on a lonely suburban road May 13 Ervin D Lee and Urban Lipps both of whom McCrea said have confessed George C Johnson Paul R Edwards and Edgar Baldwin who are accused of having been present at the kill ing Herschel Gill and Lowell Rushing relatives of Poole by mar riage Thomas R Craig John Ban nerman John B Mitchell and John S Vincent James Roy Lorance one of the men detained last week will be re leased McCrea said Three others Bert Graham Leonard Lipps and Luther Glasgow were released pre viously Probe Unsolved Deaths Investigations were under way into several unsolved deaths as state and local agencies sought to determine if they were linked with the Black Legion which Harry Col burn McCreas chief investigator said had armed members In Michigan alone The number of Michigan deaths in which the Black Legion was con sidered a possible suspect was re ported to be around 50 The organi zation was said to countenance no withdrawals and to boast that it had no exmembers except those that are six feet Tried to Withdraw In Jackson Ray Ernest a guard at the state penitentiary was held for investigation in the reported flogging death of Paul Every who investigators said had tried to withdraw from the Black Legion Papers seized in Ernests home indi cated he was a brigadier general in the secret service Prosecutor Owen Dudley of Jackson county an nounced Membership lists confiscated with Black Legion regalia in Ernests dome indicated other prison guards were members Dudley declared Warden Harry Jackson was aroused by a letter taken from Er nest which was signed Art Lupp B It asked Reported State Head How are you getting along with your new boss If youre not may be we can do something about McCrea said he was tryingto lo cate Arthur F Lupp for ques tioning regarding rumors he was state commander of the Black Le ion McCrea aid he also wanted to question V F Effinger of Lima Ohio who appeared last summer be fore the Lenawee prosecutor at Ad rian to ask the release of three men arrested by state troopers when arms and regalia similar to that of the Black Legion were found in their possession Accused by Widow A grand jury at Jackson was in vestigating the accusation lodged against Ernest by Everys widow and son In Lansing the state attorney gen eral said he was considering a state investigation into the hooded riders In Pontiac Charles E Butler chairman of the Pontiac police and fire trial board said the board would meet Tuesday to determine once and for all whether there is any truth in rumors that certain patrolmen are members of a Black Legion unit called The Bullet Figures in Detroits Ritualistic Slaying Four of the 16 members of the Black suspected of the Detroit ritualistic slaying of a WPA worker for allegedly beating his wife are pictured above According to Police Inspector John X Navarre these four left to right Dayton Dean 36 Harvey Davis 38 a colonel in the society Urban Lipps and Irwin Lee confessed to taking part in the slaying The victims wife Mrs Charles A Poole denied that her husband ever had beat her or was cruel to her Socialists Vote Down Any Link With Communists Defeated Right Wing Faction Organizes Own Party BULLETIN CLEVELAND so cialist national convention inated Norman Thomas Monday as its candidate for president in 1936 Without opposition Thomas was nomiated by an overwhelm ing voice vote CLEVELAND national convention of the socialist party turned down Monday the proposal of Earl Browder general secretary of the communist party for a po litical united front in the 1936 campaign Browders proposal contained in a letter to the national executive committee of the party was placed before the convention at the open ing of the first session for consid eration of the con vention had spent two days in intro party fight over the rightistleftist New York dispute After Browders letter was ready Maynard Krueger member of the national executive committee was recognized Proposes Joint Action Krueger economics instructor at the University of Chicago declared This communication proposes joint action between the socialist party and the communist party We are members of the socialist party and not the communist party We are interested in socialism through the socialist party and not through the communist there anyone in the hall who be lieves that socialism can be served by joint action with the communist party There was a long and reverberat ing shout of Crowder Letter Tabled I now Krueger contin ued that the communication be Without a dissenting the Crowder letter was quickly tabled As the convention got down to the business of writing its plaform to make way for the nomination of candidates for president and vice president the dissident by the New York old guard which was defeated Sunday when the con vention seated the leftist delegation led by Norman Thomas organized a provisional committee and adopt ed a declaration of principles Name New Party After virtually an all night ses sion the name of SocialDemocrat Federation of the United States was adopted as the party label The organization committee for the new the chair manship of Louis Waldman for sev eral years the right wing leader of New York socialists selected James H Maurer of Reading as chair man of federations provisional na tional executive committee which will arrange the final organization of the new party Maurer former president of the Pennsylvania state federation of labcr and former member of the Pennsylvania legislature was the running mate of Norman Thomas in the 1928 and 1932 national elec tions ON THE INSIDE CHESTER C ROSS Funeral for Drowning Victim to Be Tuesday ON PAGE 12 Davies Urges Graduates to Be Dream Builders ON PAGE 17 Expect Ruling on Public Power Program of PWA ON PAGE 2 City Baseball League Begins Play on June 1 ON PAGE 9 HOLC Prepares to End Iowa Lending Program ON PAGE 8 French Tariff Change May Drop World Bars FOREIGN AFFAIRS PAGE 4 TWO INDICTED IN EXTORTION CASE Detective and Lawyer Named in Affair Out of Smith Charges NEW YORK indict ments chargingattempted extor tion growing out of the Alfred E Smith case were returned Monday by the grand jury naming Max D Krone private detective A Henry Ross attorney and Ern est Desmond De Hagen known as Lord The indictments were filed with General Sessions Judge Morris Koenig They charge an attempt to ex tort each from Pietro Aria concert violinist Brooklyn and Anna Graef Brouillard a stenogra pher employed by a Park avenue textile firm Both Krone and Ross have been named in an earlier extortion in dictment in a complaint made by Alfred E Smith Jr Marie PaveKck who figured in the Smith case was a witness before the grand jury prior to the return of todays in dictments The other witnesses were Aria and Miss Brouillard Harold W Hastings assistant district attorney instructed Police Lieutenant James J Finn to send out a general alarm for Desmond j Claudia Muzio Noted Italian Soprano Dies ROME JF The career of Claudia Muzio 44 year old soprano whose voice won her fame in North and South America and Europe was cut short Monday by death The Italian singer died from a cerebral hemorrhage in her hotel with herhusband Signer Renato Liberti impresario at cer side Farmhand Hunted as Slayer of Employer 50 Year Old Woman NEW DURHAM N Sheriff Stephen W Scruton of Dover reported William Holland a shot to death his em ployer Miss Bertha Wright 50 early Monday and fled into the dense woods nearby Sheriff Scruton quoted an eye witness as saving an argument over her coming home late preceded the shooting Miss Wright Miss Mabel Went worth 18 and a young man had spent the weekend in a nearby city Scruton said Miss Wentworth he added was a witness to the shoot FORECAST IOWA Generally jair Monday night and Tuesday except show ers in southeast portion early Monday night Somewhat warm er MINNESOTA Generally fair Monday night and Tuesday ex cept unsettled northeast Mon day night wanner In south cot quite so warm in River val ley Monday and In north Tues day IN MASON CITY GlobeGazette weather figures for 24 hour period ending at 8 oclock Monday morning Maximum Sunday 75 Minimum In Night 53 At 8 A M Monday 64 Figures for 24 hour period ending at 8 oclock Sunday morning Maximum Saturday 76 Mininmna in Night 54 At 8 A M Sunday 54 North Iowa saw May in its hap piest mood over the weekend a fact reflected in the foregoing wegiher figures SUPREME COURT RULES ON 7 OF 9 CASES ON HAND N Y Minimum Wage Law for Women Not Yet Decided WASHINGTON de claring unconstitutional the 1931 law to aid municipalities reduce their indebtedness through federal bankruptcy courts the supreme court adjourned until Monday without passing on the New York minimum wage law for women and children Seven of the nine pending cases were decided leaving only two for next Monday wnen the court ad journs for the summer The other undecided case involv ed the contention by Wyoming that Colorado had violated the su preme courts 1922 decree appor tioning water of the Laramie riv er between the two states The municipal bankruptcy deci sion was by five to four the ma jority holding the law violated the rights of states Challenged by Bondholders The decision delivered by Justice McReynolds concluded The challenge of the validity of the statute must be Chief Justice Hughes and Jus tices Cardoza Brandeis and Stone asserted that the statute is con The majority differed with a rul ing bythe fifth circuit court of appeals upholding the legislation The law was challenged by cer tain bondholders of the Cameron country Texas water improvament district number one They contended the act took prop erty without due process of law and violated states rights Bondholders attacking the law owned approximately onetenth of the bonds outstanding Less Than Half They said they were offered only per cent of the face value of the obligations under the reorgan ization plan In another of Mondays decisions the government lost in an effort to reduce service charges for buying and selling livestock at the Kansas City stockyards The court ruled six to three that the Elgin Joliet and Eastern rail way company had not violated the interstate commerce act by carry ing products of other United States Steel subsidiaries In this case a lower court ruling against the government was af firmed Other decisions A Massachusetts excise tax on foreign corporations engaged in business within the state was held constitutional Florida Law Overruled A 1933 Florida law giving resi dents of that state priority over other states and the federal gov ernment in payment of claims against an insolvent insurance corn pay from a deposit required for doingbusiness in the state was held unconstitutional Arizonas petition for permission to sue California and five other states for a final determination of water rights on the Colorado river was denied The court agreed to pass on the constitutionality of New Yorks unemployment insurance law A Swiss corporation lost in an effort to keep the United States from seizing its gold in this country with a face value of Dunes of Dust Turned to Mud as Southwest Gets Generous Rams GUYMON of dust were reduced to mud over board stretches of the southwestern blow lands Monday and farmers derived new hope from the beat rain to some of them in three vears Generous weekend rainfall soaked acres long dusty and for lorn over the Oklahoma and Texas panhandles much of Kansas and in southern Texas the precipitation was so heavy the Colorado river became a flood threat Ottunwa Boy Drowns QTTUMWA Nelson 9 of Ottumwa drowned here Sun day when he fell from theriver bank into the Des Moines river TaxActDims Hope to Wind Up Congress House Leaders Favor Action Against Dr Townsend WASHINGTON St Continued difficulties of the senate finance committee in drafting a tax pro gram cast new doubts Monday on whether congress can reach ad journment within the fortnight The committee wrested inconclu sively wth the problem of bringing the yield of the tax bill it is con sideringto a level with President Roosevelts request On the other side of the capitoi the house leadership favored action against Dr F E Townsend for de fiance of the Bell investigating committee Must Take Action Speaker Byrns and Majority Leader Bankhead told reporters definite action must be taken against the old age pension leader Byrns addinghe believed the matter should be turned over to the local courts He said there is no telling how long a trial in the house would last The house itself interrupted its windup spurt to adjourn out of re spect to memory of Represen tative Randolph Perkins New Jer sey republican who died Monday morning after 15 years of service OtHer developments of the day KFC Aide Accused John Barriger of the Recon stuction corporation was accused by James L McElwee president of the Lake Erie Manufacturing and Mining company of organizing a proposal to sell and dismember the Minneapolis and St Louis railway to protect the interests of Frederick Prince Boston Charges were made before the se curities commission that Charles C Wright New York broker and oth ers had manipulated Kinner airplane common stock on the Los Angeles stock exchange Wright immediate ly asked dismissal of the charges on the ground the security and ex change act is unconstitutional Compromise cotton amendments to the commodity exchange bill were approved by the senate agri culture committee as that measure headed into debate on the senate floor Excise Tax on Sugar As the tax bill now stands its major features are an 18 per cent levy on corporation income 7 per cent on undistributed profits and repeal of the exemption of divi dends from the 4 jer cent normal income tax There was talk of adding a half centapound excise levy on sugar to raise The treasury estimates the present provisions would raise permenant revenue Senator Vandenrjerg attacked any punitive tax on undistributed earnings as an assault on He also will seek to amend the re lief bill to take the administration of the money out of the hands of WPA and turn it over to the states REPRESENTATIVE OF RFC ACCUSED Charged With Favoring M and St L Sale to Aid Boston Financier WASHINGTON represent ative of the reconstruction corpora tion was accused before a senate committee Monday of organizing a proposal to sell and dismember the Minneapolis and St Louis railway to protect the interests of Frederick Prince Boston financier The accusation was made by James F McElwee Peoria pres ident of the Lake Erie Manufactur ingand Mining company He named John Barriger of the Chicago office as the RFC representative McElWee read into the record a letter he had written in April 1936 recounting a conversation in which tie quoted Barriger as saying he wag looking out for Princes Fatal Shooting Accidental GRAETITNGER J W Woodbridge said the death of Theodore Peton whose wife found his body when shs returned home from church Sunday was acciden tal Peton apparently shot himself while shootintf pigeons in his barn AN WOMAN GIRL 3 KILLED BY TRAIN Sheffield Man Collision Victim Truck Kills Livermore Boy Three North lowans were killed in an autotrain crash at Mitchell another was killed at Livermore when hit by a truck Monday after noon and still another North lowan met death early Monday in an auto accident near Sheffield The dead Mrs Lev Gifford 58 St Ans gar Levi Gifford 60 St Ansgar Mary Kleckner 3 St Ansgar Glen Weber 4 Livermore Otto Korth 50 Dows Mr and Mrs Gifford and the Kleckner girl were crushed to death about oclock Monday after noon when the car in wbicli they were riding was struck by an Illinois Central freight train at a crossing a short distance from the railroad sta tion at Mitchell The train was a through freight Witnesses stated that apparently neither Mr Gifford who was driv ing nor Mrs Gifford saw the ap proaching train when they drovs on to the track The auto was mid way on the track when hit by the train although just before the crash the driver who had just noted the train had attempted to turn aside Bodies Badly Mangled The car was pushed ahead of the train for about a block before it was shoved from the tracks The girl wag towed from the car still living but the bodies of Mr and Mrs Gif ford were badly mangled And parts strewn along the rightofway be yond recognition Trainmen and members of a sec tion crew working near the crossing said they watched with surprise as the auto continued to go forward on the road as the train was approach ing One made a move to catch the attention of the motorists but was unsuccessful Described by Witness The train hit the car in about the declared Doyle Johnson whose home is near the crossing The car seemed to hang onto the train as the engine went forward Apparently the occupants did not see the train until just before the crash for only then did they try to turn out of the way of the The Kleckner girl was carried to a nearby house but died in a short time in the arms of rescuers She was the daughter of Mr and Mrs Bernard Kleckner who live across the road from the Gifford farm which is a mile east of St Ansgar Had Little Chicks Mr and Mrs Gifford accompa nied by the Kleckner girl had driv en to Osage on a buying trip to 9 poultry house They had an old Reo sedan The rear of the auto waz filled with little chicks which they had purchased The train which hit the car or dinarily runs from Albert Lea tc Waterloo without stopping at Mit chell and consequently was traveling at a fast rate The Gifford car was smashed be yond any chance of salvage Mr and Mia Gifford are well known in the St Ansgar vicinity They had no children Bodies of the three victims were taken to Osage by Coroner John Eiel who continued to investigate the case Struck at Livennore The Weber boy son of Mr and Mrs Albert Weber of Livenrore died in a hospital at Fort Dodge Monday afternoon two hours after he was struck by a truck driven by Edward Anderson of Livermore The child was reported to have run across the street in front of his home in Ldvermore directly in the path of the truck Two Mason Cityans Hurt Korth of Dows was killed and his companion Ronald Wobbeking 28 also of Dows was critically injured in an accident a mile south 0 Shef field on Highway 65 at about T oclock Monday morning when their auto was passing another on a hill and met a third car In the other car were Frank Smith 27 and Neva Crowley 24 both of Mason City who are now in the Lutheran hospital ia Hampton lor treatment of injuries WitneM Describes Crash H M White of Hampton was driving behind the Korth car when the accident happened He said the Korth car was going1 south aad was passing another car also going south on the hill where the Shef field Brick and Tile company sign is located The Korthj car a Plymouth was going at a high rate of Mr White fold officers it ;