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Mason City Globe-Gazette (Newspaper) - November 9, 1936, Mason City, Iowa E n IS ME M r f r p r or i M I NORTH IOWAS DAILY PAPER EDITED FOR THE HOME THE NEWSPAPER THAT MAKES ALL NORTH IOWANS NEIGHBORS HOME EDITION VOL XLIII FIVE CENTS A COPT ASSOCIATED FREES LEASED VVJRB MASON CITY IOWA MONDAY NOVEMBER 9 1936 THIS PAPER CONSISTS OF TWO SECTIONS SECTION NO 29 GROSS RECEIPTS CHAIN TAX NOT VALID Strikes in Shipping Stewart Expects to See U S Act to Ejid Them John Barrymore Weds Again By CHAULES P STEWAKT ASHINGTON CPA that election is over the federal government xm doubtedly w ill take energetical ly in hand the task of prevent ing future clash es between the American ship owners and mar itime labor It certainly is a federal job as much so as the business of g o v e r n m ental m e d i ation be tween employers and employes in the interstate transportation in dustry ashore If ocean shipping is international its regulation assur edly is a federal proposition Even if it is only coastal most of it is in terstate Interstate railroad mediation has proved effective Congress intention was to make maritime mediation equally so Not Soon Enough The expectation was that the maritime commission created at the last congressional session would accomplish just this purpose Unfortunately the commissioners were not appointed soon enough Congress voted the commission Caliban and Ariel Reunited vfibt to begin tioning until 30 days after the presidential naming of its per sonnel Insurgent Artillery Drops Shells m Center of Spains Capital MADRID aerial fleets spilled great bombs on the city limit fortifications of Madrid in four vicious waves Monday while insurgent shells ripped business streets and buildings i Determined grimly to open a path for the Moors legionnaires and fascist regulars stopped by the last ditch defense of the capital five bimotor bombing planes and a half dozen pursuit ships flew low over the new line of fortifications just inside the city limits shortly before 3 p m Starting at the Toledo bridge the planes bombed the western and southern rims of the city and then wheelingsouth repeated the per formance It was the fourth time the cap itals new fortifications had been blasted within the last 24 hours Antiaircraft guns in Madrid ap parently had no effect on the raid ers At Least 30 Killed Red Crosa data available imme diately after the bombing said at least 20 were killed and many wounded in newest1Dassault Mlt AND MISS JOHN BAKUlMOKE It already was agreement under known that the which the Pa cific coast ship owners and mari time workers were operating would expire on Oct 1 and that trouble between them was more than a probability unless a renewal of their bargain had been arrived at by that date Sympathetic Walkouts Parenthetically Agreements between employers and employes at Atlantic and Gulf ports did not expire so soon as Pacific coast agreements Never theless there have been sympa thetic Atlantic and Gulf coast strikes causing conflicts in the ranks of maritime labor Anyway thp Pacific coast threat was bad enouL Obviously it called forfederal ac tion Federal action1was not forthcom ing promptly No maritime com missioners were appointed until tha last moment and then only three were chosen out of a scheduled membership of five The late Senator James Couzens it is stated was to have had the c o m m i s s ions chairmanship He would have been an ideal selection Truce Prolonged However the commission was op erating only a weak threefifths ca pacity when the storm operating at that belatedly Employers and employes had been forebearing too The workers had prolonged their truce the employers hadnt press ed them In the meantime the threefifths maritime commission doesnt know anything about the real merits of the controversy At the very last minute it sent a representative to the Pacific coast to investigate it He was almost completely uninformed had had merely a few days to in vestigate There is quite a little that the government could do toward bring ing pressure upon American over seas shipping companies Have Mail Contracts Quite a few of them have Amer ican subsidymail contracts They draw ridiculous sums of thousands of dollars per 3cent stamp for carrying Americanfor eign correspondence The maritime commission to be sure cannot effect agreements That is the job of the labor de partment Secretary of Labor Perkins is BC cused of having been derelict Nobody ever accused Assistant Secretary Edward F McGrady however of overlooking a bet to reconcile capital and labor arid wounded Sunday by shells and air bombs Earlier the fascist artillery had found a target even in the famous Puerto del Sol gettingits range from both the west and the south after a night in which hidden fascist snipers within the city had attacked government guards The 3 p m raiders dropped near ly 20 bombs of large dimensions Three of the morning shells dropped into the Gran Via main business artery in the heart of the theatri cal district Throughout the night shells had dropped into the center of the city One burst with a great roar only 100 yards from the Associated Press bureau Are Stain The heavy shelling was reportec to have wiped out a socialist bat talion of women fighters and fire scores of houses on the southern end of the city A socialist army estimated a 25000 strong failed in an attemp to block a fascist assault on thi northwest side of the capital The raw workers army broke and ran in a wild confused flight under the lash of deadly fascist shelling Meanwhile informed sources London said Great Britain would hold firm to her Spanish noninter vention policy despite reports tha the French premier Leon Blum was ready to rush llth hour as sistance to Madrid British officials discounted as internal politics the statement of Premier Blum that ifconcerted ac tion with England is possible I am ready to undertake it Eight Negroes Hurt When Freight Train Hits Streetcar Bus DES MOINES per sons all Negroes were recovering here Monday from injuries suffered Sunday night when a freight train plowed into the streetcar company bus in which they were riding Nobody saw the train coming George Brown one of the bus pas sengers said The first thing wr knew the engines rear light was glaring in our faces Then there was a grinding roar and women starter screaming The engine pulling several cars was backing down a siding track It ripped a great hole in one side of the bus ROOSEVELT SEES LABOR MANDATE Declares Country Has Cast Its Vote for Needed Legislation WASHINGTON a mes sage to the third national confer ence on labor legislation President Roosevelt said Monday he believed the country has this last week giv en a mandate in unmistakable terms to its legislators and executives to adopt needed labor legislation The president said he believed the mandate1 had directed the legislators to proceed along these lines until working people throughout the na tion and in every station are assur ed decent working conditions in cluding safe and healthful places of work adequate care and support when incapacitated by reason of ac cident industrial disease unemploy ment oj old age reasonably short working hours adequate annual in comes proper housing and elimina tion of child labor Talks to Conference The conference was urged by Mr Roosevelt to give serious consider ation as to how these objectives may be achieved and that when you return to your states you will as sume the leadership in your com munities for putting the necessary legislation on the statute books I assure you that the federal governmentis willing to do its part in making these standards effective and in supplementing the efforts of the states when problems assume an interstate or a national character This coming year should be an outstanding one in the annals of la bor legislation Seek Higher Standards In greeting the delegates the president said the sessions of the national conference on labor legisla tionin 1931 and 1935 formulated a program for the levelling upwards of labor standards which command my wholehearted sympathy and ap proval and that of my administra tion The conference was called by Sec retary of Labor Perkins to study uniform standards of labor legisla tion in the various states Governors of 39 states sent dele gates Representatives also were present from labor organizations MORECOLD INV SIGHT FOR IOWA Death of Unidentified Man at Sioux City Blamed on Exposure More cold was In sight for Iowa Monday night and Tuesday as the weatherman predicted 10 degree readings in northwest Iowa and 15 to 20 degrees in other parts of the Temperatures around 20 degrees in North Iowa early Monday aver aging eight degrees below normal over the state were however not aa low as they had been Sunday morning when a 1 above reading was reported at the American Crystal Sugar company plant north of Mason City Mason City itself recorded 5 above and Northwood had a minimum of 3 degrees At Sioux City Coroner J M Krigsten said the death of an un identified man found under a rail road bridge may have resulted from the cold and exposure Streets and highways in North Iowa were slippery with ice The condition of the pavement on highway Gf resulted in several minor accidents one just north of Manly involving three cars and re sulting in damage to fenders and headlights and broken bumpers No one was injured 21 Year Old Elaine Barrie His 4th Wife Romantic Actor 55 Records as 48 Years Old YUMA Ariz John Barrymore flew to his fourth mar riage altar Monday signed his age as IS although records credit the ro mantic actor with 55 and wedded 21 year old Elaine whom he once said a man cant get along with a gal like that Sparkling eyed and gay the dark haired Elaine was a contrast to the solemn person who only last August said in a statement It would be impossible for us to plan a happy married life together Exchanging light hearted repar tee the two climaxed a stormy courtship dashing here from Los Angeles Sunday night to be made man and wife by Yumaa famous marrying justice Earl A Freeman whose 25000 ceremonies have in cluded many of filmdoms most not ed Gives Her Horseshoe Keep this with yoii always he said in handing the new Mrs Bar rymore a small horseshoe after the ceremony It always will bring you good luck Did said thebrlferwh6 hadrpiithilsUisttH eally kissed her husband the mo ment the ceremony was over My dear Barrymore replied gal lantly with a bow I dont need that with you Ill have nothing but CHANGES TO BE SOUGHT IN AAA SOIL PROGRAM Fascist Air Fleets Bomb Madrids Fortifications SEEK PATH FOR REBEL ARMY INTO CITY LOOK INSIDE FOR Administration Not to Go as Revival of Old Act as Far WASHINGTON definite decision by administration farm leaders to seek some changes at the next session of congress in the present AAA soil conservation pro gram was disclosed Monday by AAA spokesmen Although a farm group called here Saturday to discuss the pro posed federal crop insurance pro gram asked for revival of the old AAA control by the supreme said administration leaders had not de cided to go that far A previously announced meeting of farmers from the corn belt to serve as AAA state committcemcn was under way at the agriculture department Monday It svas said the session was called primarily to plan the 1937 soil conservation pro gram Spokesmen added that possible changes in the act as well as the program for next year crop insur ance and the request for revival of the old AAA probably would be discussed Lukewarm on Insurance The farm leaders who met here Suffers Broken Ankle WATERLOO Jane Wil liams 21 of Waterloo suffered a broken ankle when the motorcycle ihe was riding with Lawrence Al cock of Waterloo collided with automobile Memphis Has Only One 193 6 Debutante MEMPHIS Tenn 18 year old Adaline UP Pretty Heiakell smil ingly proclaimed herself Monday the most popular debutante in Memphis in 1936 Misa Heiskell in fact Is Memphis only 1D36 debutante for the Ten nessee city like the rest of the deep south is faced with a shortage of 1 this season Government Deficit for 1936 Exceeded Billion on Nov 6 WASHINGTON fTj For the first time in this fiscal year the government deficit passed the 51 000000000 mark on Nov 6 the daily treasury statement showed Monday On that date the deficit was list ed at compared with on the sapie day a year I aeo TfeWeather Appeals Court Ruling Is Against Publisher ON PAGE 2 Saturday had been called to talk Three Big 1 earns Top U S Football Ticket ON PAGE 9 FORECAST IOWA Generally fuir Monday night and Tuesday colder iUon day night and in central and cast portions Tuesday MINNESOTA Generally fair Monday and Tuesday becoming unsettled in orllni Ml Tuesday afternoon enliler Monday nighi rold wave in northeast portion rising temperature In northwest portion Tuesday IN MASON CITY GlobeGazette weather figures for 24 hour period ending at 8 oclock Monday morning Maximum Sunday il Minimum in Night At 8 A M Monday 28 Figures for 24 hour period ending at 8 oclock Sunday morning Maximum Saturday Minimum in Night 5 At 8 A M Sunday M The weatherman placed an icy hand upon North Iowa Saturday An inch and a half of snow fell dur ingthe afternoon and in the early hours Sunday morning the mercury descended to 5 above zero in Mason City At the Crystal sugar plant north of the city the minimum reached 1 degree above zero There was only a little melting Sunday Monday however despite cloudi ness melting got under way in the early forenoon luck Barrymore first met Miss Barrie while estranged from his third wife Dolores Costcllo He was ill in a New York hospital Miss Barrie wrote a letter of sympathy Barry more invited her to visit him In the hospital room she spoke of stage ambitions TriedHer Out So Barrymore tried her out iti Shakespeare he as Caliban she as Ariel They became pet names The courtship proceeded at a fast pace until it blew up in a quarrel at Miss Barries apartment She threw things Barrymore fled He boarded a train and kept right on west Miss Barrie remorseful pursued him to Chicago in a plane She pounded on a train compartment without result The chase continued to Kansas City There he eluded her in LI taxi transfer between trains Miss Barrie dashed to a radio sta tion broadcast an appeal to Barry more to come back and professed her undying love But later there was a happy re union in Hollywood Then Barry morc went to a hospital was re ported suffering from a heart ail ment At length came the state ments of a definite rift in the ro mance A month ago Miss Costello Barrymores third wife who bore him two children obtained her final decree of divorce He WHS Responsible Barrymore said he was respon sible for resumption of the romance with Miss Barrie Two weeks ago I called long distance across the continent and we decided to marry he said We set the date then There wns ho intimation of it however until Miss Barrie and her parents arrived at Los Angeles Sun day evening from New York by air liner and went to the Glendale air port to join Barrymorc Barrymorc was smiling and broke out into a chuckle when Miss Bar rie suggested the parly hurry lest they miss the plane Barrymore pointed out that it was a chartered one A rough trip by air to the little desert city on the banks of the Colo rado river failed to dim the gaiety of the wedding party which included the brides parents Mr and Mrs Louis Jacobs and Aaron Sapiro Los Angeles attorney Doesnt Kiss Judge Barrymorc was ailent almost from the tima he introduced his party to Judge Freeman at the lattera front door until Judge Freeman made the horseshoe presentation Unlike Claudctte Colbert and nu merous other stars he has married federal crop insurance designed to bolster the present soil conservation program The farm men wore luke warm in their discussion of this relegating it to a distinctly sec ondary status But they left a resolution with President Rooseveltscrop insurance committee calling for strengthen ing of present programs1 and as serting that no farm program could be permanently effective unless it included means of controlling production and distribution of farm products Secretary Wallace chairman of the crop insurance commitce went directly from the conference with the farmer leaders to the while house for a talk with Mr Roosevelt Afterwards he told reporters thai farmers wanted the original AAA program rcenactcd Farming Local Affair Tlic supreme court majority in holding that program invalid said farmingwas a local affair over whicli the federal government had no control under the constitution but spokesmen for the farmer group contended the ruling did not block future action The supreme court has been known to change its mind said Edward A ONeal head of the American Farm Bureau federation and spearhead n asking return of the old tiipleA Some presidents have changed the supreme court he added with a laugh Abe Lincoln did The demand lor a return of AAA was not hclieved to have been a to tal surprise to the presidents com mittee Secretary Wallace said many of the farm spokesmen pres ent had helped shape the original AAA program Favor Direct Control ONeal and other speakers favor ing revival of direct farm control have been advisers and supporters of the administration They asserted that the farm region vote for the president was indorsement of the original program The invalidated AAA was devised to adjust farm production to de mand through benefit payments to farmers who would adjust their crops Tile money for benefits was obtained hy taxing processors The soil conservation program substituted by congress stressed buildingup soil fertility by pay ments that encouraged a shift ot farm lands from major crops to grasses and to growths that enrich soil Dr Birney Funeral Is Held at Nora Spnngs ON PAGE s Will Roosevelt Change PanAmerican Policy ON PAGE COL 2 Elaine made no move to kiss the judge The judge who did not seek re election after 10 years in office ob served Im glad I had the privilege of marrying the famous John Barry more before it is necessary to relin quish this position Ithought it un CARTRAIN CRASH KILLS OR MAYO Son of Dr Charles Mayo of Rochester Had Been on Hunting Trip ALMA Wis Joseph G Mayo 34 son of Mr and Mrs Charles H Mayo of Rochester was killed about a m Monday when his automobile was struck by the North Coast limited North ern Pacific passenger train at a crossing about two miles south of Cochrane Wis H F Stohr county coroner said Mayo had apparently driven on to the railroad tracks from a side road believing he was turning on to a main highway The highway runs parallel to the railroad tracks near the point where the accident oc curred Stohr pronounced the death acci dental and Siiitl no inquest would be held The body was taken to Rochester Dr Mayo who had been on a hunting trip along the Mississippi river was alone in the car except for his hunting dog which also was killed The train was speeding at be tween GO and Go miles an hour when it struck the car squarely The wreckage was dragged nearly a mile before the engineer was able to stop the train According to the county coroner the engineer said he saw Dr Mayos car just an instant before the crash and that because of the momentum of the train enroutc to Chicago and the down hill grade he could not fltop quicker The body was brought tci Alma about 10 miles from Cochrane Dr Joseph Mayo was born in Rochester in August 1002 Surviving are the widow and two sons David a nd Will about 7 and 4 respectively likely I would see any more famous film people Miss Barrie clung to the arm of her husband as they turned to leave the Freeman home Hurry to Restaurants My dear said Barrymore look over those coats and pick a good one And dont forget to go through the pockets of the ones you leave The party hurried to a restaurant for a brief breakfast before taking a train back west Barrymorc explained he had to rush back to make a picture He said that later he and his wife will appeal stage together on screen and SUPREME COURT AFFIRMS RULING ON IOWAS LAW Jacobson Undiscouragecl by Decision Issues Statement WASHINGTON its first opinion day of the new fall term the supreme court Monday handed down 20 decisions and then began hearing arguments arising from the new deals public holdingcom pany law Chief Justice Hughes announced from the bench that Justice Stone who has been ill at his home for several weeks took no part in the decisions and orders given out In one case the justice split 6 to 2 in holding a section of Iowas chain store tax law unconstitu tional The law was designed to im pose a graduated levy on gross re ceipts The dissenters were Justices Brandeis and Cardozo Affirms 3 Judge Ruling The opinion affirmed a ruling by a three judge federal district court in Iowa declaring the section vio lated both state and federal consti uions The levy ranges from on the first 550000 of gross receipts up to SI000 for each of gross receipts in excess of 9000000 Those challenging the legislation were the Great Atlantic and Pa cific Tea company Graham Depart ment Stores company Walgreen company and other chain store operators Another section of the act tax ing chain organizations on the basis ot the number of opeiabad l3j court and was not involved in tho appeal 1nrt of Occupation Tax Iowa contended the levy was part of an occupation tax and did not violate the fourteenth amendment to the federal constitution by taking property without due process of law A three judge federal court in Des Moines upheld the section of the law which imposes a unit tax on the number of stores a chain firm operates but declared uncon stitutional the section levying a graduated tax on gross receipts of chain firms It was from this deci sion that the state appealed to the United States supreme court Sponsors of the law estimated it would bring from three to five mil lion dollars annually into the stale treasury The unit or occupational tax was expected to yield only a small amount of the total revenue The gross receipts section ruled upon by the supreme court today would provide the bulk of the to tal they estimated Untile Starts al Once A legal battle on cOnstitluionality of the chain tax measure was start ed shortly after it became a law in 1935 Besides the 19 chain firms who attacked the laws validity in fed eral court two firms now have cases pending before the Iowa state con rt 1 A Gamble DCS Moines attor ney representing the chain firms argued before the nations highest tribunal that the tax would drive chain firms out of business and that it did not apply equally Lo the tax payers Ally Gen Edward L OConnor Frank Alcsser of Iowa City opposed Gamble in the supreme court argument OConnor contended that the state has the right to tax a sys tem of doing business up lr the point where that system is driv en out entirelyAnswering the con tention that the tax did not apply equally the merchants attorney general said themselves decider Woman Hurt in Iowa Accident Dies 1936 Toll Mounts to 420 COUNCIL BLUFFS Herman Koch 48 Rocheport Mo died Monday at a local hospital from shock suffered Sunday when the car in which she was riding driven by her husband skidded on icy pavement on highway No 6 near here and collided with another car Mi1 Koch suffered lacerations and a possible skull fracture This and four deaths luring the past week raised lownV fatal high I way toll for 103G to 120 which tax classification they cnmo under by electing to have so many stores and to do so much business Nature No Given A brief order issued by the court merely said that the decree was af firmed upon the authority of an other Stewart Dry Goods company vs Lewis The nature ot that decision was not given The Iowa attorney general cited a score of supreme court cases which he said substantiated hU iir jumcnt When Gamble said the section of tlic law exempting lumber and coal firms slid several other classifica tions resulted in an injustice to those business forced to pay the tax OConnor replied that the issue of exemptions was not before the court The lower court fa threejudge fodernl court at DCS Moincs upheld the occupational tax section ho siid The same excmpUon9 both to the occupational tax and the gross receipts tax Thus since thf ruling on the occupational Ux sec tion has not been appealed from ;