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Mason City Globe-Gazette (Newspaper) - November 16, 1939, Mason City, Iowa NORTH IOWAS DAILY PAPER EDITED FOR THE HOME c H HIST MEM ART OEPT OF IOWA COMP OES UOfHGS A THE NEWSPAPER THAT MAKES ALL NORTH IOWANS NEIGHBORS VOL XLVI FIVE CENTS A COPY MASON CITY IOWA THURSDAY NOVEMBER 16 1939 MASON CITY THI THIS PAPER CONSISTS OP TWO SECTIONS SECTION ONE NO 33 JUSTICE PIERCE BUTLER DIES AT 73 Al Capone Leaves Prison Enters Hospital Hughes 24 Act Looks Justice Hughes Bad in 39 By CHARLES P STEWART Central Press Columnist TO BEAD the state depart ments current account of it Charles Evans Hughes now chief justice of the federal supreme court but state secretary in 1924 appears to have made a great mistake then in dis couraging Brazil from strengthen ing its navy as it wanted to do If the Brazil ians had gone ahead with their program the conclusion is that today theyd have been in much better shape than they actu ally are to help the United States in the tetters patrol of Pan Americas Atlantic neutrality zone Its a sound conclusion all right but it does Justice and exSecretary Hughes consider ably less than justice Times arent now what they were in 1924 diaries Evans would have needed to be a good bit of a prophet to see ahead 15 years in this rapidly changing era In 1924 I was just back from a prolonged residence in Brazil and Argentina and know therefore something of what Im talking about V How It Happened It happened like this Brazil and Argentina are Latin Americas two major republics They never have been very friend ly They adjoin and there long had existed more or less of a war threat between them The world conflict of 191418 had recently ended Never again was the watchword in this country The air here was saturated with disarmament sentiment At this juncture Brazil took a notion to reconstruct its navv It experts to boss the job II appealed to Uncle Sam to provide them The prospect looked like a favorable one for us to make a barrelful of money by taking on the contract Accordingly we sent a naval mission to Rio de Janeiro to supervise the undertaking However at that precise mo ment we were exerting ourselves to the utmost to persuade our selves and other nations to cut down on war preparations It cer tainly seemed inconsistent in us just then to have a naval mission in Rio helping Brazil to arm against Argentina There was plenty of Yankee criticism of such a policy It assuredly was justi fied in the light of 1924s calcu lations Iii 1924s Ligtit Secretary Hug lies evidently thought so lie told Brazil hat wed re call our naval mission if it pro ceeded with an obviously bel ligerent policy This correspondence wasnt made public It would have been undiplomatic Brazil was squelched anyway It would have been better for Justice Hughes in the long run if hed told his story earlier but it wouldnt have been popular then Hed have given Hie im pression that he was choking off a big South American warship building i t h the United States getting the prof its Hed have been accused of being an antiprofilcer Now hes accused of having made a poor 1939 neutrality bet As of 1924 Hughes was a bad bettor in 1939 A of 1939 he was a bad bettor in 1924 II isnt because his judgment was punk Its because history is so eccen tric NOTORIOUS VICE CZAR FREE MAN Hundreds Dead in South American Oil Fire AFTER 7 YEARS Prohibition Gang Overlord Released at Lewisburg Pa BALTIMORE Capone entered Union Memorial hospital Thursday for observation and treatment His physician Dr Joseph E Moore declined lo discuss the case but hospital officials said Capone was admitted under his own name He arrived at the institution shortly after noon accompanied by several men understood to be relatives Hospital officials said they believed he had been driven here from the federal penitentiary at Lewisburg Pa from which he was released Thursday morning GANG CHIEFS JAIL SENTENCE EXPIRES WASHINGTON fP Scar face Al Capone notorious gang ster of prohibition days was re leased to relatives at Lewisburg Pa Thursday by federal prison officials James V Bennett director federal prisons made the an nouncement He said Thursday morning the sen tence of Alplionse Capone hav ing expired Thursday he was discharged from the XT S peni tentiary at Lewisburjj to his relatives was transferred Thurs day from the federal correctional institution near Los Angeles to Lewisburg The decision to discharge him Thursday was based on a petition filed by attorneys requesting credit for three days he spent in federal custody between Oct 24 1931 and Oct 27 1931 the date on which the United States cir cuit court of appeals suspended execution of judgment under which he was originally sen tenced Capone began service of a 10ycaj penitentiary sentence fnr evasion of income taxes May J 1932 and completed this portion of his sentence on Jan 19 1939 unon which date he began service of he sentence of one year for failure to file his income tax return With allowances for good be havior and credit for three days spent in jail in October 1931 Capones sentence expired Nov IE 1939 Bennetts announcement did not say that relatives were on hand to welcome the onetime racke teer as he left the penitentiary a free man Even as Capone was released Capt Daniel Gilbert of the states attorneys police in Chicago said of the recent assassination of Turfman Edward 7 OHare Theres no longer any doubt about it being i Capone job By a Capone job Gilbert said he meant to lay the killing at the door o what is left of the gang ster organization Al Capone once ruled Spencer Man Victim of HitRun Motorist South of Estherville FSTHERVILLE A Witmeber 64 of Spencer was fa taily injured Wednesday night when he was struck by a hitand run automobile driver on a bridge on highway 17 at south Esther ville city limits He was walking toward Esther ville when struck Witnebers skull was fractured and both legs broken Broken headlight alavs was found near the body AL CAPOXE FORMER LSI Volunteer workers searched Lake Maracaibo Venezuela for the bodies of 500 o SCO persons esti mated o have died in a fire that swept the oil town of Lasuinallas a village of wooden shacks perched on stilts at the waters edge Only charred piling and floating debris remained of the shanty town a view of winch is shown here Chemical Tank New Weapon for Poisonous Gas Warfare By HOWARD W BLAKESLEE Associated Press Science Editor NEW gas warfare has a new weapon ready for the battlefield It is the chemical tank a squat speedy steelskinned caterpillar whose insides instead of guns are mostly poison liquids and gases This tank is described by Lieut Col Angustin 31 Frcntiss U S A chemical warfare serv ice as one of the most for midable methods of attack yet devised He is an authority on gas warfare f Chemical tiiuks have the power he writes in the Chemical Warfare Bulletin to suddenly re lease enormous concentrations of nonpersistant lethal gas in such strength as to readily break through any military gas mask The nonpersistant gases are those which float in the air and poison the lungs Their potency is weapons was greatly reduced by gas masks in the World war But the chemical tanks may prove so effective says Colonel Frenliss that an entirely new type of gas mask be needed for protection This mask would shut out all outside air and keep its wearer alive by breathing oxygen stored inside tile mask A single lank lie explain car rying 1000 pounds of phosgene can cover in one mission tin area downwind 500 yards long and 100 yards wide For an additional SOU yards or a total of nearly Ihirds of a mile the concentra tion of this gas will be sufficiently deadly to cause serious casualties The great advantage ol this new war engine is the ease of placing gas For example to do the same thing with artillery or projectors of gas would require hours of preparation transporting mater ials to the firing line The tanks carry their own gas W European belligerents arc sup plied with these tanks But these are only one of several poison gas instruments new since the AVorlrt war and waiting for the day which Europe fears nnd j for which its civilian populations are most widely prepared V Another new weapon is the oir plane spray Tesls show Colonel Prentiss says tliat lowflying planes in a single flight can cover an area averaging 800 yards long and 250 wide with enough per sistent gas to render it untenable to unprotected troops LOOK INSIDE FOR JACK RUSSELL Trial for Oklahoma Outlaw Being Held HEAD FAILS IN SUICIDE EFFORT Dr James ML Smith Slashes Foot With Razor in Jail Cell BATON ROUGE La Sheriff Newman H De Bretton innounced that Dr lames Monroe Smith former Louisiana Slate University president attempted to commit suicide Thursday morning n his jail cell by slashing his foot ivilh a razor blade Smith was schceduled to be taken to the state penitentiary Fri day to serve sentences totaling from eight lo 24 years for misuse of school funds Cards Stacked Against Star Teams of Season PAGE 17 Safety Council Plans Membership Campaign PAGE 20 160 North Iowa Agents at Insurance Congress PAGE 22 DIES OF HEART DISEASE CORNING 7P Investigating officials blamed a heart attach for the death of Frank L Moore 61 DCS Moines insurance salesman who was found icid in his auto mobile after it left the road and came lo a stop in a cornfield 3 miles west of here Wednesday BULLETIN CAPETOWN Union of South Africa sinkingof the 706ton British steamer Scala Shell by a German raider ISO miles northeast of Lourcnco Marques Mozambique was an nounced officially Thursday night The Weather FORECAST IOWA Fair Thursday night and Friday except unsettled in extreme southeast somewhat cooler Friday in castcentral MINNESOTA Generally fair Thursday niRhl and Friday colder Thursday nijrht in north cast and northcentral warmer Friday in west IN MASON CITY GlobeGazette weather figures for 24 hour period ending at 8 a m HIaximum Wednesday 54 Minimum in night 27 At S a m Thursday 33 YEAR AGO Maximum 33 Minimum 20 IOWAN GUILTY OFEXTORTION Des Moines Man Held in Connection With Double Murder Also DES MOINES Charles Becicko 28 who gave his address as 1509 Walker street Des Moines Thursday pleaded guilty before the federal commissioner to a charge of attempting lo extort Commissioner John It Ham ilton set i bund of 57500 fur liccicka to appear ivlicn the next term of federal court opens here Nov 28 The commissioner complaint charged Bccicka with the intent to extort had mailed from New ton n threatening letter to Wes ley Novotny Curtis Iowa K The letter threatened that if Novotny failed to send S200 he would get what Novotnys brother George got George Novotny a farmer G1 and his wife 70 were found slain at their farm home near Slmcy villc on Sept Tiic complaint said lie letter read We want S20U two hundred dollars Send the two hundred dollars to lames Dunvan General Delivery DCs Moines Iowa by the 15th of this month If you fail lo do this or if the person that gels the money is caught you will get what George Novotny got Send all bills After we get this money you will never bear from us again Slick Jim Remember by the 15th and dont tell anybody or else A federal and a stage agent ar rested Becicka when he called for a dummy package at the main postofficc here De Bretton said Smith was in a very weakened condition hut not in danger of death Smiths bed was covered wilh jlood and he was in a bathtub into which water wis running when he was discovered by a jail attend ant who went to serve him coffee Physicians called by the sheriff found that Smiths blood pressure had dropped from bis normal 110 to 80 A transfusion will he neces sary if his blood pressure docs not build up quickly they said The former educator was re moved to Our Lady of the Lake sanitarium Nomination of Murphy May Be Next Step WASHINGTON tion of Attorney General Frank Murphy to be an associate justice of the supreme court and promo tion of Solicitor General Robert H Jackson to cabinet rank ap peared likely Thursday to follow the death of Justice Pierce Butler With confirmation of Justice Butlers successor Mr Roosevelt will have put five new deal jus tices on the high bench an abso lute majority of the court which he sought to influence in 1937 with a plan to expand its mem bership to 15 Butler was the last but one of the extreme conser vative group which helped junk NRA AAA and other new deal structures in 1035 Butler was a democrat a Cath olic and a midwesterner Mur phy fits that prescription pre cisely And not only would lib nomination to the court complete the entrenchment of new deal philosophy there for at least a generation but it would give the president an opportunity to honor Jackson further It is believed that he would be as eager to do that as to shift his new deal at torney general to the judiciary Lacking an opportunity to nomi nate a single associate justice in his first term Mr Roosevelt will name five in his second matching the record of Abraham Lincoln William Howard Tart named six men to the supreme court II is likely that the president will seek a Catholic lo succeed Butler who was a member of j that faith and speculation cen tered immediately on Attorney General Frank Murphy But the far west and southwest will clamor for recognition in this nomination JOHN MORRELL RITES FRIDAY Member of Ottumvva Packing Family Dies in Topeka Hospital OTTUMWA serv ices for John E Morrell 28 mem ber the John Morrell and com pany packing family who died Wednesday night at Topeka Kans will be held Friday at m in the First Methodist church here conducted fay the Rev Harold Lancaster D D Burial will be in the Ottumwa cemelery in the family plot The body was brought lo Ot tumwa Thursday by Robert M Othwaite of Topeka general man ager of the Morrell plant there The widow and her brother Joseph Connelly flew to Ottumwa Thursday afternoon Mr Morrell had been ill since last Friday with influenza which developed into pneumonia Morrell was graduated from Dartmouth college and went to Topeka two years ngo to work in the companys plant Later however he ended his connection at the plant and gave much at tention to liis aviation hobby Young Moriells father the late John H Morrell was president of the Morrell Packing company A brother George A Morrell of Ot lumwa is treasurer Besides the brother survivors include the widow he former Polly Connelly of Ottumwa his mother Mrs John H Morrell of Ottumwa and a sister Mrs John Kavill of Chicago CIVIC LEADER IS DEAD AVOCA Slender civic leader here many years I and president of the Avoca State I bank died Wednesday alter T j brief Funeral services havr been tentatively for 1 day CIO MAN FREED AT MONTEZUMA Indictment Charging Criminal Syndicalism Dismissed by Judge MONTEZUMA Oti District Judge Frank Bechly Thursday dis missed an indictment charging Hollis Hall former vice president of the CIO local union nt Newton with advocating criminal syndica lism Judge Bechly signed the order granting the dismissal on the mo tion of Jasper County Attorney Lutiicr M Cnrr who headed the prosecution of William Scmtncr of St Louis Mo convicted on a similar charge last month The indictments of the two men Rrew out of activities in ronncc lion with the strike at the Maytas Fiij Waybills Machine company I Newton last year By THE ASSOCIATED TRESS press reucws oil Fin lands foreign policy ac cusing Finns of receiving English support B E U L I tive German source says rcich will fight until Brit ish supremacy in world is destroyed activity on western front remains at a minimum c t h orlaiuU and Belgium ex pected td consider whether lo continue mediation cl forls Associate Justice Harold J Ste phens of the U S court of appeals here also fits the speculative pat tern of Butlers successor Steph ens is a Catholic and from Utah He missed nomination to the sup reme court in a photograph finish this year with Associate Justice Felix Frankfurter Senator Sherman Hintoii D Ind reportedly has been undci consideration for lessor indicia appoinlment He is not a Catholic but he is a notable new dealer And among others who are no1 Catholics nor necessarily weddec lo Uic new deal but who have fig ured among the possibilities or each occasion of i supreme cour vacancy arc U S Circuit Judg Joseph C Hutcheson Texas U S District Judge William Denman San Francisco Representativi Hulton W Sumncrs D Tex Bean Lloyd K Garrison of th University of Wisconsin law school nnd Associate Justice Sam G Bratton of the U S court ot ap peals New Mexico Four new dealers in succession have ascended the supreme bench since Aug 12 1S37 when the president sent to the senate the nomination of then Senator Hugo L Black D Ala an almost 100 per cent supporter of Roosevelt legislation whose nomination baclcfiicd on the white house wilh revelation that he had been a member of the Kn Klux Klan 3 In January Mr Roose velt promoted Solicitor General Stanley F Reed to the supreme court Earlier this year he named Prof Felix Frankfurter of Har vard university and 40yearold William O Douglas who was chairman of the securities and ex change commission On Fch 5 1937 Heose vct sent to congress his plan to reorganize the court by expand ing its membership to 15 justices and in effect to place a younger more liberal man on the bench beside each oldster to support nciv deal laws That plan failed in everything hut the division of the democratic party A few months later retire ments and deaths began giving Mr Roosevelt oilier means of es tablishing administration phil osophy in tiie judiciary Associate Justice Willis Van Drvantcr was the first to HO retir ing a tier 26 years as a member of the court with a record of votine for 10 and against 15 new deal acls lie wilh Butler and Associate Justice James Clark McReynolris were tiie stalwarts of the anti Rtmscvelt group McRoynoIds rc mains on the bench His new deal voting record was For T against 18 Butler was only slightly more favorable to the new deal phil osophy of nn clastic constitution He voted to junk 16 of Mr Roose velts bills and to uphold nine of them Given this fifth vacincy o fill Mr Roosevelt cnn establish an ab solute new deal majority on he supreme bench and one could prevail until well beyond 1950 That situation lias been brousnt about by Ins ninniniUo i ol comparatively young men 1 JURIST NATIVE OF MINNESOTA DIES SUDDENLY Conservative of Court in 111 Health Since Last Summer WASHINGTON Associate Justice Pierce But ler of the supreme court died Thursday The 73 year old justice en tered a hospital for treat ment of bladder trouble last summer and with the excep tion of two weeks when he was able to return lo his home he had remained there since His death meant tliat Presi dent Koosevelts appointees would be in the majority m lie court Mr Roosevelt has named four of those on the nineman tribunal In a formal statement Presi lent Roosevelt expressed his re gret lie also sent Mrs Butler a JCrsonal note of condolence I have known Justice Butler for a great many years Ihc statement said and I always regarded him as a personal friend His undoubtedly great ability bis complete frankness in the exrcssion of his philos ophy and his honest convictions commanded my respect and in common with his many friends 1 sincerely regret his untimely passing V Butler was a democrat but of ficials ot the Roosevelt adminis tration had termed him one of Butler Hoid Farm Near WESTMJNSTEH Md The Minnesota farm boy who attained the nations highest judicial post frequently slipped away from the hurlyburly ot Washington for the quiet of his newly purchased 538 acre slock farm Before the illness that caused the death Thursday of Associate Justice Pierce Butler he usually could be found on weekends superintending chores from a station wagon on the farm he purchased March 2 1938 at Woodbine Carroll county 40 miles from the nations capital Named Walerford for his borne in Minnesota Ihe rolling meadows were stocked with 50 head of purebred Hereford cal tlc and Juslice Bullor took great piicle in the breeding records he kept He was very much interested in scientific cattle raising said Farm Supt Willis L Cissel re covering from shocked surprise when informed of Air Butlers death He was planning to ex hibit his herd soon the conservative1 members ot the court the other being Jus lice James C IWcricviiokls Although Butler was the third oldest of the justices Chief Jus tice Charles Evans Hughes like McRcynolds is 77 he had been reported in robust health during the term of court which ended last June Rutlcr ranked next In SIc ncjunlils us the tribunals lead ing dissenter Major decisions to which But ler dissented hist term included rulings holding constitutional the 1D38 agricultural adjustment act holding that a group of private powercompanies could not at tack the constitutionality of the Tennessee Valley Authority pow er program and that a state may JUSTICE riKUCF BUTLER ;