davidaulloa/AmericanStories huggingface dataset:
Douglas daily dispatch., 1926-09-28
u. S. REPLIES
TO .DOHENY'S
COURT APPEAL


WASHINGTON, Sept. 81 (AP)-Ed-
ward L. Doheny's appeal to the SUI
preme court to sustain the contracts
made with him for the construction
of naval oil storage tanks at Pearl
Harbor, Hawaii and the leases un-
der which his companies were to
obtain oil from the Elk Hills naval
oil reserve in payment was answered
today by brief filed in the court
by Alice Pomerene and owen J..
Roberts, special government counsel.
The contracts and leases have been
held void by the federal courts in
California.
Outlining in detail the position
they will take whom the case is
week in October, the special counsel,
reached for oral argument the first
in 300-page brief, pointed out what
thye asserted were numerous mis-
statements in the brief filed by Do
herty's counsel and transaction which
finally resulted in the contracts and
leases, were minutely reviewed in
support of the assertion that they
were Illegally made by Albert B.
Fall, as secretary of the interior.
The government counsel asserted
that the contention by Doheny coun-
sci that the contracts and leases had
been lawfully made by Edwin Denby,
as secretary of the navy, was not
sustained b the facts, and also that
administration of the naval reserves
had been unlawfully committed to
Fall.
Much space was devoted to dis
cussion of the money transaction be-.
tween Fall and Doheny. The loan
of 100000 to Fall by Doheny, the
brief said, was made with full
knowledge that it was an improper
transaction, because his company
was then in business relations with
the government which Fall repre-
sented, and that the transaction was
nothing but a bribe, with no intent
that it should ever be returned"
The government counsel asserted
the transaction was not only ''fraudu-
lent" and "againt public policy" but
such as rendered illegal the contract
which was made for the storage
tanks.
"If there was no other thing in
this case except the understanding
that Fall was to enter the employ OF
Doheny's company in gainful occupa-
tion," they added, that thing in and
of itself would vitiate every subse-
quent transaction between Doheny
or the company which he represented
and for which he was speaking, with
Fall, representing United States"
The government brief emphasized
the secrecy alleged to have been OBJ
served in the making of the leases
and discussed Denby's alleged "inac-
tivity and misapprehensions" as to
them After reviewing acts for regu-
lation of naval oil reserves, the gov
ernment brief said it was not the
CONTINUED on Page Three)
Douglas daily dispatch., 1926-09-28
COL LONIZATION.
CHANGED
IN OLD NE XICO.

MEXICO CITY, Sept. 27 Especial to
the Dispatch h)-Colonization of Mexico
by aliens, except where, aliens are
pToportionately intermingled with
Moxicans, is forbidden under the
terms of the new Mexican law on
colonization, which is to be sub.
mitt.d to President Gales for his
approval and PRONUNCIATION within the
next few weeks Work of drafting
the new law has already been COM
pleted. The rough draft of the law
is as follows:
First. of the colonies in general:
The first thing which shall he done
is to make a study of the lands set
aside for colonization, in order to
ascertain their condition., the irriga-
tion works required to water them,
as well as the work necessary to
give them communication
Second, OF the colonists: The col
or: zation shall be carried out on a
basis of Mexicans and not aliens, as
has ieen the ;nvetc-ste custom in
Mexico. 1t is therefore definitely
forbidden that groups of alien col
cnists establish themselves unless
CONTINUED on Page Eight
Douglas daily dispatch., 1926-09-28
BISBEE., TUCSON
AND ADJACENT
AREAHIT HARD

BISBEE, Sept 27.-CAP)-The heav-
lest rain in 20 years fell here between
midnight Saturday and A O'Clock this
afternoon the official record being 6.3s
inches for approximately 40 hours of
continuous downpour Of varying in
tensity.
Many Easements are floc@.,G as a re-
suit of the deluge, several retaining
walls have been washed out and some
of the streets are blocked with bouiders
and silt washed down from the hills
Otherwise, property damage in this inn
mediate vicinity is reported as slight.
Advices from the county engineers
office said that the ST. David bridge on
the Bisbee-Tucson highway was seri-
ously damaged by flood waters and
that the FairbanlS bridge on the Tomb
stone-Nogales highway was washed
away 1t was also reported here that
one span of the Benson Dragon brSlge
gave way and will require several days
to be replaced in condition for travel.
Southern Pacific trains were still de-
layed tonight or were being routed over
the north line as result Of the wash
ing out of a railroad bridge two miles
west of Naco.
Douglas daily dispatch., 1926-09-28
COLORADO GETS
FREEZE; HEAVY
FARMING LOSS

FORT COLLINS, Colo, Sept. 27 (AP)
A loss of $2,OOO,OOO to the sugar
beet growers in Colorado, due to the
heavy freeze of two nights ago, was
seen today by D. ]. Roach, manager
of the local factory of the Great
Western Sugar company
Roach estimated at so per cent Of
the beet tops were frozen and will
not continue to grow, which will en-
tail loss of one-half tone per
acre and 1 to per cent loss of the
sugar contest in manufacture.
The 1914 to 14-ton per acre yield
produced recently will be fulfilled,
he said but without the freeze it
would have been half a ton greater.
The cold will not delay the beet har-
vest, he believes.
The fruit crop also was damaged
here when the temperature dropped
to 20 degrees, apples being hardest
hit, with an estimated loss of fr3n
20 to SO per cent. Apples wAira
were ripe were not greatly Affe~'ei
growers said, but those green IA the
trees suffered heavily.
The damaging cold waatha, beo:gn
the earliest hard frerA@ evsr tecvs: ,
ed here. Eden and " ts"r, E:sin.,
reported drop of 16 ~oGr--s. ~aiIs
at Wheatland, Wyo., in - ,ueas
beet district, the mercury fel. . ~
degrees.
Douglas daily dispatch., 1926-09-28
APPROACHES TO
THE ST. DAVID
BRIDGE CON Z.

Both approaches to the bridge
across the San Pedro river at ST.
David We're carried away by the
flood waters of the river late Mons
day afternoon, according to q report
received by the Dispatch Monday
night. While the bridge was re,
ported as still standing at that time,
it is believed that it will be swept
from its foundations by the high
water Reports received here state
that the Tucson road is now i'm
passible because of the damage to
this bridge.
The ST. David bridge is the longest
between Tucson and Douglas, ana
spans the river at one of it's deepes
points. The Tucson branch Of the
Southern Pacific parallels the river
at st. David. The entire farm1ns,
section about st. David is threatened
by flood and numerous ranN1ers
were preparing to move from the
threatened areas Monday afternoon.
Douglas daily dispatch., 1926-09-28
Rainfall for Storm Reaches Record Total;
1910 Inches Recorded for Year to Date,
Nearly Five Inches More than Average

Rainfall in Douglas from Saturday
midnight to O'Clock Monday evening
reached total of 6.O7 inches, bringing
the total fall for the year to date to
1910 inches, nearly five inches above
the annual average, according to- fig
ures supplied by the meteorological
bureau of the Copper Queen smelter
here.
1t is interesting to note that the
storm broke following the warmest pc
riod REGARDED in many years for the
month of September According to the
records of the local meteorological sta
tion h high temperature of 81 degrees
was recorded on one day of the past
week The highest temperature record
ed during the storm was 63 degrees and
the lowest So degrees.
According to DR.. F. T. Wright, who
previously maintained a meteorological
record, the closest approach to the rain
fall record during the three-day storm
was in December, 1914, when 500 inches
fell during the six days preceding
Christmas.
Rainfall during the storm was the
heaviest on record in the 20 years or
more that local meteorological records
have been maintained. Pioneers of the
Douglas district tell of a storm in 1904
which they believe may have eclipsed
the current downpour, but no definite
data is available.
Total rainfall for the year UP TO and
n u d n g September "a was 1903
inches. From Saturday midnight to
Sunday noon precipitation of 1.6S
inches was recorded; from Sunday noon
to Monday noon 3.5S inches fell, and
between noon and 6 p. m. Monday an
additional 81 of an inch was recorded
Total precipitation during the storm
amounted to more than half the figure
representing the average yearly rain
fall.
The heaviest annual rainfall recorded
at the local station occurred in 1919.
when 23.43 inches were recorded. In
1914 several heavy storms brought the
total for that year to 227O
The greatest previous storm periods
on record at the local meteorological
station occurred on the following dates:
August, 1914, 6 days, 5.75 inches; De-
cember 1914, days, 500 inches; July
1919 81 days, 7.S4 inches.
Douglas daily dispatch., 1926-09-28

The storm is reported to be the most
general in the history of the southwest
From Phoenix eastward to Ell Paso and
Dawson, N. M, and from the northern
part of the state far into the interior
of Mexico the rain has been as general
as it has at Douglas. While the limit
of the rain to the south has not been
definitely determined, Aqua Prieta had
report late Monday afternoon that it
extends more than 100 miles south of
the border.
Train service on the Southern Pacific
west of Douglas was halted Monday
morning when a washout near Naco
made it necessary to send train No, a
over the north route. Railway officials
expected to have this break repaired
Monday, butthe continued rise of water
forced the company TO send train No Q
over the north route also. Train No
1O3, the Argonaut, westbound, which
arrived in Douglas Monday afternoon,
was sent west by way of Hachita and
Lordsburg, the first time that a vest
bound train has ever been sent east
out of Douglas.
The most serious damage 10 the rail
road occurred Monday afternoon when
cave-in of bridge occurred at Bis
bee Junction, completely stopping traf-
fic on the main line. Another break is
reported at Forest, six miles west of
Douglas The Cochise and Fort Hua-
chuca branches are also out of service
because of washouts. On the Cochise
branch rs rail lengths of track were
swept out and there is a bridge out on
the Fort Huachuca branch.
Train service on the Nacozari railroad
was stopped Monday afternoon when a
large bridge near Cabullona was swept
out. Railway officials expected several
other Breaks in the track on this road.
The train from Nacozari Monday morn
CONTINUED on Page Eight
Douglas daily dispatch., 1926-09-28
.ENTOMBED MEN
YET LIVE AFTER
.FOUJR-DAY SIEGE

IRONWOOD, Mich, Sept 27.-(AP)-
Entombed miners of the G. Pabst mine
spoke tonight to the men who are toll
ing to rescue them. Tapping on pipe
leading down into the mine was heard
by one of the workers, Alfred Maxi. He
returned the signal, then with clear
and distinct report came eight separate
taps, repeated several times.
The trapped miners are alive and at
least some of the 43 prisoners are on
the eighth level. This was the inter-
probation of the eight taps
1t was the first definite sign from
down in the earth since the shaft col
lapsed last Friday noon, killing three
miners and taking 43 prisoners.
Inspired, Maxi volunteered TO at
tempt feat that had seemed impossi-
BILE. He declared he would attempt to
squirm down through the mass of
twisted steel and tumbled stone to tell
the entombed men that help was COM
ing.
The message from the earth spread
like wildfire Tears of joy coursed
down the cheeks of wives and chill
dren, who flocked to the entrance 70
get confirmation of the newly. aroused
hope.
Workers redoubled their efforts at
the four methods being pressed to reach
the ground-locl1ed miners.
Tomorrow noon the men will have
tasted four days in the darkness of the
mines dark subterranean chambers.
Up in the sunshine all possible ar
rangements are being made to give
them immediate care. ~
A barrack-like building in which the
miners wash and change clothing on
emerging from their work has been
converted into a hospital Doctors,
nurses and heated ambulances are wait
ing. Cots and blankets and sheets are
ranged in rows in the building. A care
fully prepared diet list fit for men long
without food has been arranged There
will be no delay of transportation to
distant hospitals.
Continued on Page Eight)
Douglas daily dispatch., 1926-09-28
RAINFALL. RECORDED
AT 6. OF INCHES FOR
THE PAST 48 HOURS

With highway traffic impossible from the east north
south and west and with railroad service halted on the
west and SOUTH and threatened on the east Douglas
stood almost isolated Monday night by the worst rain
storm in more than 20 years Since Saturday night
has raned almost incessanty, varying from steady
drizzle to downpour The only break was that of about
one hour Sunday afternoon. precipitation Of COZ
inches was reported from the Copper Queen smeter at
4 p. M Monday, with indications that it would pass
the Finch level before daylight
Douglas daily dispatch., 1926-09-28
LIBERTY BONDS
BACK
TO DAUGHERTY

NEW YORK, Sept. 27. = (AP) - Five
$4,000 liberty bonds which comprised
part of the $441,OO given the late
John II. King to help and speed release
of $7,OOO.OOO impounded enemy property
the Midland National bank of Wash
ington Court House, Ohio, of which Nal
S. Daugherty is president.
United States Attorn Bucllner
brought out in the conspiracy trial Of
Harry M. Daugherty, the bankers
brother and attorney general of the
Harding cabinet and Thomas W. Miller
alien property custodian at that time
that four of these bonds were sold on
order of Nal Daugherty and the sale
price credited to the account of Harry
NJ. Daugherty. The other bond was
shown to be still in possession of the
Ohio bank.
The government claims that these
bonds comprised a part of $4,000 bribe
money paid Harry NJ Daugherty to re-
lease to Richard Merton, German metal
magnate, proceeds of the impounded
assets of the American Metal company
Evidence has been completed for the
purpose of substantiating the govern
ment's allegation that. Miller received
$4,000 for putting the claims through
his office. The principal witness today
was Vera v Veai1, assistant cashier Of
the Midland National bank. She told
of being given the four bonds in ques-
tion, which were shown by their num-
bers to be part of the Merton-King
property, by Nal Daugherty to send to
the Cleveland, Ohio, brokerage firm Of
Otis and Company for sale.
Through answers to questions pro-
pounded by Buckner, she revealed that
after the bonds were sold the bank was
credited with the proceeds and the
money turned over to Nal Daugherty
in a certificate of deposit" which she
explained was in effect a cashiers
check.
A month later, it was testified, Nal
Daugherty closed out his certificate of
deposit, amounting to just under $40
900, and wrote a check for $5O,000,
which he turned in to his bank with
instructions that certificate of de-
posit for, that amount be credited to
his brother. On the same day the
banker had that certificate exchanged
for five certificates of $4,000 EACH
Eventually one of these certificates
was turned back to the account of Nal
IDaugherty.
Buckner called witnesses and offered
documentary evidence to bolster up his
contention that $4,000 of the $4,000
which he had credited to his brother
was comprised of the proceeds of the
four Merton King bonds He did this
by showing that Nal Daugherty's ac-
count in the bank was such that he
could not have written a check for $780,
600 without using substantial amount
of the gross proceeds.
The prosecutor brought out through
Miss Veail of her own accord that all
the orders for the various credits to
Harry Daugherty were signed by the
banker and not by the former attorney
general.
This opened the way for Max ID.
Steuer, attorney for Daugherty, to OBJ
ject to the whole line of evidence on
Continued on Page Eight)
Douglas daily dispatch., 1926-09-28

Ralph Hershey of Santa Barbara teS-
titled he saw woman at Carmel on
May 25 who, he was positive, was Mrs.
Mcpherson, while Mrs. Jeanette
Parkes, who lives next door to the Car
mel cottage, was equally sure she had
seen Mrs. Mcpherson" with man who
limped occupying the adjoining house
about that time.
Mrs. Daisy Bosticlx, realty operator
Of Carmel, testified she had rented a
cottage to man who gave his name as
George, Mcintyre and woman who
posed as Mrs. Mcintyre"
Ormiston, former radio operator at
Angelus Temple has since made affi-
davit that he was the George McIn-
tyre" who rented the Carmel cottage,
but that his companion was not the
evangelist.
Mrs. Mcpherson and her mother, Mrs
Minnie Kennedy who with five others
are charged with felonious conspiracy,
came half hour early to Judge Sam
uel Blake's court. Though rather pale
and nervous at firsts the evangelist
soon gained her composure and seemed
to enjoy the proceedings, which were
enlivened by many humorous sallies by
w. I. Gilbert, her lawyer, and tilts be-
tween opposing counsel.
When the Santa Barbara man de-
scribed Mrs. McPherson's hair, eyes and
mouth as he saw them at Angelus
Temple on August s, Gilbert requested
the court that the witness be taken
to the temple at some time during the
preliminary hearing to point out the
seat in the temple from which he view
ed the evangelist. An argument be-
tween District Attorney Keyes and Gill
bert ensued as to whether and when
court should be convened at the four
square gospel church. Judge Blake
decided that Hershey would be notified
at his Santa Barbara home day in ad-
vance of the time set for the official
temple visit.
Mrs. Bostock told of the visit to her
Carmel office May IA of a man who
gave his name as George Mcintyre, and
inquired as to what cottages she had
for rent. She took him out in her car,
she said, and he chose one and paid
500 deposit on it. Mrs. Bostick said
Mcintyre told her he wished to bring
his wife to Carmel for vacation; that
she was then i'll at San Diego.
On May 10, she said, Mcintyre told
her he had arrived that morning at A
o'clock with his wife.
Mrs, Bostick was then shown pho
tograph, which she Identified as that
Of the man who said he was Mcintyre
The witness said she did not know
how long Mcintyre and his companion
remained at the cottage but added tha 4
her records showed it was about ten
days"
Gilbert objected to Keyes' reference
to McIntyre's companion as Mrs. Nc
Intyre" on the ground that no testi-
mony had been made regarding Mrs.
Mcintyre"
1T seems to me that his wife would
be Mrs. Mcintyre said Keyes.
Not necessarily under those circum-
(Cons:nued on Page Eight)
Douglas daily dispatch., 1926-09-28
EIGHT KILLED.
40 INJURED IN
CRASH

BETHLEHEM, Pa, Sept. 81 (AP)-
Eight persons We're killed and 40
injured when the Scranton flier OF
the Central Railroad of New Jersey
plowed into steel coach of a
Lehigh Valley limited at an inter-
section of the two roads here today
showed it's SO feet and rammed 1t
against the steel girders Of the
bethlehem Union station.
The engineer of the Scranton filler
had an unobstructed view of the
other train, according to eye witness.
A coroner's jury was .mpanelle6 a.
once and taken to the scene of the
wreck where it began an investiga-
tion. 1t was said Lehigh Valley
trains had the right of way at the
cross over and that the signal board
there was set against the Jersey
Central train at the time of the
accident
Continued on Page Eighty
Douglas daily dispatch., 1926-09-28
West-Boand Train Sent
Out flouslas Toward
East M unday Evening

m at",re, happened I'm Douglas
Ni"nOS. sfaen a west bound South
~rw k'%~die train was sent eastward
'Ns p' A1OugIas. The train was No.
'J3 NNhe ArgOnnut," from EI PasO
g rEa Pacific coast. 1t arrived i'm
''"sstsias Monday afternoon just af-
- the Southern Pacific cave-in Mt
l'.Hbee Junction occurred, and was
'rnt back to LOrdsburg i'm order to
20 west over the northern route of
the Southern Pacific.
The Southern Pacific from the east
was the only railroad into Douglas
that was open Monday night. All
Grains to and from the west were
held up because of wmshOuts Mt His
bee and NacO, the Fort Hnnchuca
and COchiSe branches Of the South
ern Pacific were both out OF service
because of washOuts, and the NacO-
zarf railroad from Douglas and Aqua
Prieta south Was tied up because of
the CabullOna bridge being washed
out.
Douglas daily dispatch., 1926-09-28
FROST AND RAIN IN WEST

CHICAGO, Sept. 81. (AP) = In the
wake of killing frosts came heavy rain
over the middle west today to further
endanger grain and vegetable crops.
Fields of water soaked corn gave worn
ing of greater losses to farmers. The
flood level and thousands of acres of
late corn were under water, in some
places submerged three feet, reports
said. Rain was general throughout
Illinois, Kansas, Missouri and other
middle western states.
Douglas daily dispatch., 1926-09-28
Mother Ends Own Life
Month After Daughter
Is A cciden t a lily Shot

ALBUQUERQUE, N. NJ, Sept. %
(AP)-Mrs. Myra Franklin, aged
about 55, shot herself through the
heart here this AFTERNOON with the
revolver of her son who is ss
motorcycle officer ON the lOca.
police force. The son, George
Franklin. WIS sleeping in another
part of the house when the tragedy
occurred and was not awakened
by the shot.
Mrs. FrankIin's daughter, Miss
Lila Clark Franklin accidentally
shot and killed herself I'm Chill
dress, Texas. just a month ago
today, and it is believed that grieZ
over that acciG"m caused the
mother to take her own life.
Douglas daily dispatch., 1926-09-28
STATE SEEKS TO SHOW.
MRS. MCPHERSON WAS.
At CARMEL LOVE- NEST.

HALL OF JUSTICE, LOS ANGELES, Calf. Sept 27
(APEffort by the state to establish it's contention
that Aimee Sempe Mcpherson occupied Carmel, Calif
cottage with Kenneth G. Omison for 10 days after she
disappeared from the beach here occupied the first day
of the evangest's preliminary hearing here today
charges of criminal conspiracy
Douglas daily dispatch., 1926-09-28

NEW YORK, Sept. 81. -
(AP) - Copper quiet; elec-
trolytic spot and futures
14A Q142s. Lead steady;
spot S.75. Bar silver 55%.
Douglas daily dispatch., 1926-09-28

Generally fair, Tuesday,
Wednesday; warmer Tues
day east and central.
Evening star., 1926-10-06
|POL|CEF|NDBAG
IN PAY HOLD-UP
Location in Druid Hill Park
Strengthens Philadelphia
Clue in Case.
BY the Associated Press,

BY the Associated Press.
BALTIMORE. October 6.--Two
leather bags. which last Friday held
the S46,678 payroll of Henry Some
born & Co., taken from messengers by
da aylisht bandits. were found hidden in
bushes in Druid Hill Park yesterday
on the Baltimore Philadelphia road.
The bags contained two caps. an over
coat and other clothing. feather pill
low bag of grapes and some news
papers. Police regarded the location
nf the bags as significant in connec-
tion with their theory that the robbers
had made a preliminary headquarters
in Philadelphia. where they stole an
Ohio license plate from Cleveland
man during the temperatures fight
and used it on the holdup car.
The body of j. W. Danko. found in
the robbers automobile a few minutes
after the hod-up, shot through the
head, remained unclaimed at the po.
lice moreue \ theory that he was
William Niemoth. for whom Chicago
police are searching. in connection
with the robbery. was discarded when
a photograph of Niemoth was received
today.
Police still believed that Niemoth, al
legged Chicago gangster and beer run
ner. may have been a member OF the
hold-up party, and were studying the
possibility that the robbery was perpe-
frated to obtain funds for the defense
in Indian of Joe Salts. beer hummer.
NiemOth is alleged to have heen a
member of Salts gang. \ map found
In the robbers machine. with points in
Ohio md Indiana mark evi, LEM Strengt h
to the theory.