davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-14

SOUTH DAKOTA POINTS

SOUTH DAKOTA POINTS
High Low
est est Pct.
Huron, clear .......... 81 66 .O6
Rapid City, clear ...... 81 "a 90
MINNESOTA POINTS
High Low
est est Pct.
Minneapolis, clear 49,. 50 70 90
Moorhead. clear ....... 80 60 90
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-14
<oul!

night and probably Sunday: little
west portions tonight.
Minnesota Generally fair satur-
day night and Sunday; cooler Satur-
day except In extreme southeast: cool
er In east and south Sunday.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-14

Missouri Slope Fair opens
Monday. All children under
II free. Biggest and best en-
tertainment In years.
Evening star., 1934-09-16
ROOSEVELT
To LIVE IN VIRGINIA
Presidents Son Leases
WidWorthy in Loudoun
County.
Special Dispatch to The Star.

special Dispatch to The Star.
LEESBURG, Va, September IS
President RooSevelt's son Elliot is the
latest famous parsonage to be at
tracted to the Virginia horse country.
He and Mrs. Elliot Roosevelt have
leased Widworthy estate of Mrs. Ar
thur M. Chichester two miles north
of here, for the next three years
They are expected to move in within
the next 10 days.
Already the countryside around
Leesburg has attracted such notables
as former Secretary of War Patrick j.
Hurley, Paul Mellon, son of the former
Secretary of the Treasury Andrew
Mellon, and the well known Jock
WhitneyS.
Although young Roosevelt has not
heretofore been identified with the
sport Of kings" he and his bride
are expected to enter into fox hunt
ing, riding and the exhibition of show
horses with the usual Roosevelt en-
thusiaSm.
The estate Widworthy is of stone
ana frame construction. A show
place in Loudoun County, it adjoins
the estates of former Gov Westmore-
land Davis of Virginia; w. H. Lips
comb, master Of fox hounds Of the
Loudoun Hunt, and Mrs. S. S. Lutz
Evening star., 1934-09-16
Battle to SAGE 4. A. A. Program
Begun by Filing of U. S. Briefs
Justice and administration attorneys
Uphold Constitutionality Of Act,
Inuolping $7OO,OOO,O 900 Taxes.

| it delegates legislative powers to the
Secretary of Agriculture, an executive
officer of the Government.
4. That the act is "class legislation"
designed to take money from one
class of people, manufacturers, and
give it 20 another class, farmers.
No Regulation Aimed.
In reply to the first contention. the
Government asserted:
THE processing and floor stocks tax
provisions display not one element
aiming at or even tending to regulate
the mode Of doing business of the tax
payer Regulation necessarily implies
a prohibition, or at least discourage
ment, of certain modes of doing busi-
ness. Since this feature Is totally
lacking in the instant measure. it can
in no sense be called regulation, but
must be recognized to be valid taX"
Federal attorneys pointed out that
'in view of the entirely voluntary
character of benefit and rental pay
mentS under the act, the argument
that agriculture is regulated through
them need not long engage the at
tention of the court"
A charge by the receivers that the
taxes constituted price fixing
scheme was met with the argument
that nothing in the act prevents the
receivers from selling their products
at any price they desire.
The position of the receivers is that
while tax on certain types of proc
essing of a commodity would be an
excise, a tax on all possible process
ings of commodity is tax on the
property and, therefore, a direct tax.
The Government cited court decisions
to back its claim that a tax can be
an excise and still affect all possible
processings Of an article, and pointed
out that the A. A. A. taxes do not
prevent a professor from selling his
product abroad to escape the levy.
The assertion of the receivers that
the act bestows unconstitutional leg
islative powers on an executive officer
prompted the Government to reply:
THE powers delegated to the Secre-
tary of Agriculture with reference to
processing and floor stocks taxes are
not legislative in character. He is
called upon merely to perform es-
sentially administrative functions
which Congress may assign with pro-
priety to an executive officer"
Taxing provisions of the act. Fed
eral counsel said, do not delegate to
the Secretary the power to make the
laws, but on the contrary confer upon
him authority for their execution to
be exercised under and in pursuance
of the law.% Congress even specified
that formula which the Secretary
should follow in assessing taxes, it was
emphasized
AS for the charge of "class legisla-
tion," the court was told the act "is
not class legislation but is an appro-
priation of these funds to a public
purpose in the interest of the gen.
eral welfare and as such is authorized
by the Constitution" The welfare of
products of basic agricultural COM
moditieS, it was 0Ontended is fun
damentally related to the economic
welfare of the Nation as a whole"
Evening star., 1934-09-16
PORK
IN |NCORN-HOGPLAN
Revision of Program Wins
Approval Pending 1886
Merger Control.
BY the Associated Press.

BY the Associated Press.
CHICAGO, September 15.-Corn
belt farm leaders have agreed to a
substantial revision Of the national
corn-hog program pending redraft-
ing of the production control system
on more permanent basis, to begin
in 1886, it became known today.
The same spokesmen in the agri-
cultural industry who aided in plan
ming the framework for the vast crop
control machinery put into operation
last year now have devised recon-
mendations for remodeling the farm
relief structure.
They would, among other things,
lower the processing tax on hogs, allow
use of contracted acres for any pur-
pose other than production of grain.
contract corn acreage on basis SINH
lar to the 1884 program, allowing CO.
operating farmers to receive in 1885
tWo-thirdS of the dollar payments per
acre they received in 1894; remove all
restrictions on production of hogs.
The recommendation were written
by members of the Executive Commit
tee OF the American Farm Bureau
Federation, including President E. A..
O'Neal, w. r. Ogg, acting secretary
treasurer; Earl c. Smith, chairman
OF the National Corn-Hog Committee;
Charles E. Hearst, president of the
Iowa Farm Bureau Federation. and
w. H. Settle, president of the Indiana
Farm Bureau Federation, together with
c. V. Gregory, farm publications editor.
Evening star., 1934-09-16
PHILADELPHIA HEIRESS
MISSINB MONTH FOUND
MARRIED TO TAXI DRIVER
Continued From First Pape)

in Boise we decided to get married. So
we went on to Moscow, Idaho, and
were married there and hitch-hiked
our way back here.
1t was very hard getting along at
times, but Danny and I love each
other and we are determined to live out
here in the West"
Young McCafferty told Chief Crib
bins he had been unemployed since he
lost his last job as chauffeur in Cali
fornia, but didn't know the girls
connection with prominent society and
wealth until they were about to be
married.
I didn't find out until she signed
the marriage license" he said. 1T
wouldn't have many any difference,
anyway"
Unable to get hotel accommodations
here because of the crowd attending
the Fort Boise centennial celebration
the couple went to the home of Chief
CribbinS as his guests for the night
Chief Cribbins said he talked several
minutes by telephone with President
Gates and the girls brothers. He
quoted the university president as
saying.
BE good to them, chief. I shall
send the couple money in your care
Immediately and, regardless of their
wishes to be self-supporting, I shall
see that they get monthly allow
ance."
The girl left the Pinedale dude ranch
August IA, and for time there was
conjecture as to kidnapping, but this
was disregarded as a theory by
SearcherS.
Evening star., 1934-09-16
Visit of Ne,vsmen
Peepes Indy; Says
Interest Is absurd
Mrs. Lindbergh Talks
Despite Lone Eagles
Charge of Intrusion.
BY the Associated Press.

BY the Associated Press.
WOODWARD, Okla, September IS.
The worlds most famous flyer de-
clares public interest in his activities
Is carried to the point where cit is
absurd"
Col. Charles A. Lindbergh, before
departing today after being delayed
three days by a forced landing, told
newsmen: "I have nothing to say for
publication, and let me say at this
time that Mrs Lndbergh and. I GER
tainly do not appreciate this intrusion.
"The very idea of you folk flying 200
miles (from Oklahoma City, just be-
cause We happen to land out here. 1t
is absurd
"I don't know what we are going to
do If newspapers are going to use
airplanes"
Mrs. Lindbergh, however, didn't seem
to share her husbands feelings. She
granted q brief interview Thursday
and readily answered questions during
their stay.
Evening star., 1934-09-16
BY REX COLLIER.

With approximately s700. 100000 in
taxes and the entire New Deal farm
relief program at stake, the Gov
ernment, through a picked array of
counsel, has come forward with a
vigorous defense in Federal court of
the constitutionality of the agricul-
tural adjustment administration act
A corps of attorneys of the Depart
ment of Justice and the A. A. A. has
filed with the Federal District Court
in Boston voluminous briefs in re-
sponSe to an attack on the A. A. A.
by receivers tor the IIoosac Mills Corp
The litigation, arising out of obscure
receivership proceedings involving the
Massachusetts, firm, has assumed ma
jo- Importance in Government legal
circles because it presents squarely for
the first time the issue OF the validity
of Federal processing and floor taxes
foundation of the administrators re-
covery program for agriculture.
If the courts were to uphold the
corporation receivers in their deter
mined legal assault on powers of the
A. A. A., there would be far-reaching
complications. More than $40O ,OoO. 900
of the challenged taxes already have
been collected by the Treasury. All
of this might have to be returned to
the taxpayers. Collapse of President
Roosevelt's present emergency pro-
gram for the farmers would be in
evitable.
The Governments battle to save
this program Is being directed by
Assistant Attorney General Frank j.
Wideman as personal representative
Other counsel for the Government
are Robert NJ Anderson and Andrew
Sharpe, special assistants to the At
torney General, and Jerome N.
Frank, Prev Savoy and Francis M.
Shea, representing the A. A. A. Oral
arguments and written briefs were
presented by Anderson, with as
sistance of Frank and Savoy.
The final Federal brief, recently for
warded to Federal Judge Elisha H.
Brewster, became available here yes
terday Judge Brewster is expected
to act promptly. Whatever his ruling,
the case probably is destined to reach
the United States Supreme Court, for
the receivers have indicated they will
appeal in event of an adverse decision
from Judge Brewster.
Four main contentious were pre-
sented by the receivers in refusing to
pay A. A A. taxes totaling $780, ,592
assessed by the Government. They
are:
l. That the A A A. act is not
revenue measure, but disguised use
of Federal taxing power for the pur-
pose of regulating private business
in violation of the tenth amendment
defining States rights.
2. That the A. A. A. processing
and floor stocks taxes are not exciseS,
as contended by the Government, but
are direct taxes and, as such, are un-
constitutional because they are not
apportioned among the population of
the country, as required by the Con-
stitution.
8. That the act Is invalid because
Evening star., 1934-09-16

An Army Air Corps Board probably
will be appointed at Boiling Field to
determine the cause of the fatal crash
of Cadet Robert Cover Van Deventer,
%, instantly killed yesterday afternoon
in the crash of an Army PIE pursuit
plane on the farm of his uncle, Lee
Van Deventer, near Hamilton, Va.
Capt. Aubrey Hornsby. Air Corps, on
duty at Boiling Field, flew to Leesburg
yesterday to take charge at the scene
of the crash. Cadet Van Deventer was
en- route from Langley Field, Va, to
Boiling Field in company with second
pursuit plane Of the same type when
he crashed. The second plane, unable
Evening star., 1934-09-16
M0T0RlST IN HOSPITAL
AS RESULT OF BEATING
New Yorker in Miami Says Man
He Picked Up in Richmond
Attacked Him.

BY the Associated Press.
MELBOURNE, Fla, September IS.
Peter Issaris. 32-year-old restau-
ranteur Of Saratoga Springs, N. Y,
was brought to a hospital here today
suffering with injuries he said he re-
ceived from a beating given him by a
hitch-hiker he picked up at Rich
mond, Va.
Issaris told Police Chief King Bog
CESS he had given a ride to two hitch
mixers at Richmond One, a student
at the University of Alabama, he said,
got out at Augusta, Ga. The other, a
husky man, was going all the way
to Miami.
A short distance from Sebastian,
near here, ISSaris said he was attacked
by the man he had aided and after
being badly beaten was thrown from
the car. The hitch-hiker, Issaris said
took the car and tried to run over him
as he lay in the road, but he managed
to roll into a ditch. Issaris then was
relieved Of his purse, which he said
contained $50, and the man left afoot
Evening star., 1934-09-16

the way from Langley to Boiling and
is said to have been flying around in
the vicinity of Leesburg and Hamilton
for nearly a half hour before the
crash. The cadet was killed by the
force of the impact, although the
plane was said to be not badly smashed.
He was found to have broken both hip
bones, jawbones, neck, right leg and
right ankle.
The pilots uncle took charge Of the
body, which was removed to an under
taking establishment in Leesburg.
Cadet Van Deventer was the son of
Mrs. Harris Roland and the late Robert
Van Deventer. His mother lives In
Los Angeles.
Evening star., 1934-09-16
Huston to Play Othello.

NEW YORK, September IS IP.-
Walter Huston, who returned from the
movies to play the starring role in Sin
in the title role of "Othello" on Broad
way in April. This Shakespearean en-
gagement indicates Huston's absence
from the movies may extend to period
Of two years.
Evening star., 1934-09-16

to land at the spot, continued to
Washington to report.
The cadet was on extended active
duty at Langley Field, to which he
was transferred from Kelly Field, Tex,
upon completion of his training there
in the Air Corps Advanced Flying
School.
Because of Federal economy, flying
cadets. upon completion of their train
ing, no longer are given commissions
as second lieutenants, but are assigned
to duty in cadet status.
Van Deventer had been given per-
mission to ny over his uncle's farm on
Evening star., 1934-09-16
WARD LINE TO ASSIST.
President Says Company Will Assist
In Inquiry.

In Inquiry.
NEW YORK, September Is R.-
The Ward Line is ready and willing to
give every assistance In the investiga-
tion of the burning of its liner, the
MORO Castle, Franklin D. Mooney,
president Of the company, declared
today.
In the lines first official state
ment since the disaster, Mooney as
serted that I'VE have opened every
facility available to us for the as
sistance Of the Department of Com
merce and its Steamship Inspection
Service, as well as the United States
Attorney in the investigation which
he also is conducting.
I'VE shall remain ready and willing
to give every assistance and all facili-
ties at our command" he continued,
ITO remove from this terrible tragedy
the last vestige of the obscurity which
has enveloped it and which has not
yet been solved.
Hopes for Solution.
"We are hopeful that before the
investigations are finished the mys-
terry will be solved and that reason
ably accurate information can be
furnished, whether by way of the re-
port of the authorities or in some
other appropriate manner"
Mooney concluded his statement by
saying that presumably the Ward
Line will be requested later on to pro-
duce evidence on the construction of
the ship
And marine experts" he said, "are
prepared to show that no effort or ex-
pense was spared to make her a
model of modern ship construction,
with every latest approved device for
securing safety and life at sea.
Nothing was overlooked by the
Ward Line to prevent, so far as
human foresight could, the happen
ing of such a disaster. We note with
great interest the suggestion which
has been made that future construc-
ton should be more largely of steel
in place of wood. and this is already
having our consideration"
Liners Boats Inspected.
Another Ward liner, the Oriente,
sailed for a Havana cruise late today
but not until after investigators OF
the Steamship Inspection Service
hurried aboard and looked over its
life boats.
J. L. Crone, supervising inspector
of the steamboat service, ordered the
investigation of the Orientes boats,
No statement was issued subsequently,
but the Oriente sailed without delay.
United States Attorney Martin C.
Conboy late today drove down to
Asbury Park to join his investiga-
tors over the week end.
A jewel box, foot long and
inches deep, was taken from a safe in
the purser's Office on the Moro Castle
during the day. While those in
charge made no comment, it was
understood the box filled with Jewels.
belonged to Mrs. Rene A. Mendez
Capote, daughter Of a former Vice
President of Cuba. She was one of
the survivors.
Evening star., 1934-09-16
60 YET TO TESTIFY .
IN SHIP INQUIRY.
Hoover Gives N. Y. Prosecu.
tor Evidence on Reds.
Owners Promise Aid.
Nv the Associated Press

BY the Associated Press.
Dickerson N. Hoover, chief Of the
Steamboat Inspection Service, said
yesterday that all evidence of possible
Communist activities in connection
with the fire which destroyed the
steamer Moro Castle was being
turned over to the district attorney at
New York for action.
Hoover, who has been assisting In
the investigation into the maritime
disaster, said a newSpaperman had
told him he had evidence that Com
munists might have been connected
with the fire and that the informant
had been sent to the district attorney.
Officers to Be Recalled.
The steamboat inspector said Off
GERS of the Moro Castle will be re-
called for further examination and
that about so witnesses are yet to be
called in the New York inquiry. but
that testimony might be concluded
next week.
The first decision in connection
with the inquiry will be made, Hoover
said, by the New York Board of
Inspectors. This decision will be as
to whether any charges shall be
brought against the officers of the
ship. After that-should charges be
filed-there will be formal trial to
determine whether their licenses shall
be revoked or suspended.
Hoover said his report to be made
to Secretary Roper will deal largely
with lessons learned from the fire.
This will be made, he said, only after
a thorough study of all the evidence.
Out of the inquiry, Hoover said,
may come some recommendations re-
garding fireproof construction OF
ships.
Declines to Give Opinion.
Hoover declined to express any opin-
ion as to how the fire started, but
said he believed its spread might have
been checked had the men who dis
covered 1t in a locker closed all win
dows and the fire door before running
for fire extinguisher.
MY reaction" he said, would have
been to close all windows and the FIRE
door to cut down the oxygen feeding
the fire and also to retard its spread.
However" he added. different
people react differently. The man
who discovered the fire said his first
thought was of a fire extingulsher,
that he slammed the locker door and
ran for the extinguisher, but when he
returned the fire had spread so he
could not reach the fire door"
Hoover said all this had been shown
in the testimony and his questioning
at the New York inquiry.
Evening star., 1934-09-16
TWO G. w. U. STUDENTS
HURT IN AUTO CRASH
William H. Bean and John T.
Vivian Victims of Accident on
Riggs Road Northeast.

Two George Washington students
were injured last night when the auto
mobile in which they were riding
turned over after being run off the
road by another machine in the 100
block of Riggs road northeast. Police
were told the other machine failed
to stop.
The injured studerts were William
H. Bean, %, of the 1900 block of
Twentieth street, fractured shoulder
and possible fractured skull. and John
T. Vivian, "a, of the 1400 block of
Quincy street, fractured knee. They
we're taken to Emergency Hospital
Two other men in the car were not
injured. They gave their names as
Ebert Huber. 90. also Of the 1900 block
Of Twentieth street and Balanga j.
Neil, 29, of New York City.
Evening star., 1934-09-16

experiment which might be made a
precedent for closing out the small
deposits throughout the country by
the voluntary waiver of equal dividend
rights by larger depositors.
Its effect in this instance would
be to raise to $245, ZOO, 900 the total
OF Reconstruction Finance Corn.
money thus put into Michigan, where
$43,0O0,000 was originally asked to
prevent the failure of the bank. The
original request was refused because
large depoSit0rS declined to Subordi-
nate their claims to the Govern
ment's at that time, which was Just
as the banking crisis was developing
prior to the change Of national ad-
ministrations.
Worked In Another Bank.
In similar plan, recently carried
out with respect to the far smaller
Guarantee Bank of Commerce of
Detroit, all deposits of $1,000 or less
were paid of, with the larger de-
positors agreeing to leave a percent
age OF their pro rata dividends In the
bank.
1t is understood the selected list,
as described at the controllers office
yesterday, was made up Of depositors
of $4,000 or more, and includes many
Eastern banks and other corporations
In addition to certain large Michi-
gan industrialists
In the absence of voluntary waivers
by these larger depositors, in the in
terest of general business revival or
otherwise, the liquidators of the bank
would be required by law to distribute
the dividend uniformly to all de-
poSitorS. Technically, what Is pro-
posed is that the larger depositors
cover 5000 return" such part of
their 20 per cent as might be neces-
sary to permit full payments to the
depositors Of $500 or less. This has
been fixed at 10 per cent.
Hence depositors would fan into
two classes, one receiving 100 per
cent and the other 10 per cent. None
would receive 20 per cent except pos-
sibly "recalcitrants" who refused the
waiver and insisted on their full
rights. The plan will be put through
II most Of the larger depositors sign
the proposed written waiver.
Eastern Firms Renege.
1t is understood that some Of the
large Eastern corporations are In
clined to renege, on the ground their
deposits in the First National Bank
Of Detroit represent the money OF
many investors and that they have
no right TO subordinate the rights Of
these stockholders.
Evening star., 1934-09-16
New Road Planned.

Construction of a new road between
Cannes and Nice, France, and extend
ing entirely along the coast, Is to be
started ut once.
Evening star., 1934-09-16
$83, 900, 900 PAYMENT
OF CLOSED DEPOSITS
SEEN BY R. r. C. LOAN

Continued From First PaRe.)
Evening star., 1934-09-16

Severa forts have been made to
repeal tie provision of law under
which tt e lttorney General has ruled
that alit n; who have declared their
intention & becoming American citi-
zens ant ave sailed three years on
America 'essels shall be deemed an
America citizen for the purpose
of sailing IN American vessels. The
House il }32 passed a bill by former
RepreSer to I've Davis of Tennessee for
that pui pc Sc But opposition to the
measure pI evented vote in the SEN
ate, ano Il bill died. Representative
Bland o. Virginia renewed the fight in
the pre-: er Congress and has a bill
still pei ding.
The r,pDrt of the Bureau of Navi-
cation al Steamboat Inspection
Service n the Commerce Department
on me- n ant marine statistics for
1888 81 ed that out of total of
l45,4 All semen In overseas American
vessels, 81 445 were native Americans,
26,25l wee naturalized, and 37,775
were ali en- All of the officers on these
ships ere American citizens, 14,o58
being Ia i've Americans, and 6,754
natu raj Zet Americans. More or less
the 'anle percentages applied in near
by foreign trade vessels and coast
wise We vessels, with a total of 265 OLA
oficfrs and seamen in all three serv-
ices.
Many Declared Intention.
There appears to be no record OF
$l,n
taken advantage of the ruling and the
law that, to all intents and purposes,
o staman who has declared his in
tention of being naturalized and
served three years on American ships,
III an American citizen in the eyes of
the merchant marine. OF these there
are, however, q very large number, 1t
Ii declared.