The Galveston Daily News from Galveston, Texas • Page 9

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92ND 243. GALVESTON, TEXAS SATURDAY, DECEMBER 9, 1933. ESTABLISHED 1842 WHOLESALE PRISON BREAK FRUSTRATED Sen. Copeland's Resignation Demanded at Hearing OFFICIALS OF FIRM ACTING FOR CONSUMER ATTACK SOLON Assert Senator Not Able to Consider Pure Foods Bill in a Fair Manner Washington, Dec. demand that Senator Copeland N.

resign as chairman of the senate commerce sub- committee considering his bill 10 strengthen the pure food and drugs act was made by two witnesses before the public 11 pa rings closed tonight, but Copeland and the other mem- bers of the subcommittee ignored it. Arthur Kallett. secretary, and F. Schllnk. technical director of Consumers' Research of Washing- Ion, New Jersey, which advises consumers on goods bought, charged Copeland could not give fair consideration of the bill he in- troduced for the department of ag- riculture because he was being paid for appearing on the radio for A nationally advertised product "the claims for which will be ad- versely affected" by the measure.

Protection Question. Kallett said the senator spoke for the product In a broadcast last night after the close of the first day's hearings and In the course of his remarks made statements which were "gross exaggerations and which find no support among reputable American physicians. Copelacd Interrupted Kallett to ask if he had observed "any unfair- ness" on his part during the hear- "Yes." Kallett replied. "We be- lieve a fair hearing goes beyond merely listening to those pressing their claims. Until, two hours ago not a single representative of the ultimate consumer had been heard on this hill.

If the consumer Is to receive adequate protection, we be- lieve a more aggressive spirit should be displayed. "We are very much obliged. Mr. Kallett," said the New York sena- COPELAND BILL, Page 9) RIFLE FIRE HEARD AND BOMB EXPLODED AS ELECTION AFTERMATH. Barcelona, Spain.

Dec. The rattle of rifle fire broke out in the deserted streets of Barcelona tonight and a bomb partly wrecked the offices of the former minister of the Interior, Juan Selvns, In the fnce of police precautions against uprising-. Communication lines to Madrid were cut and messages had to bo routed through Valencia pending repairs to the main line. Lines were also reported out south of Valencia and police motorcycle squads were patrolling highways iilonp the main telephone lines be- tween Barcelona and Zaragoza pro- tecting international and interpro- vlnclal circuits. One person was killed and sev- eral wounded In Llobregat when civil guards returned the fire of syndicalists.

The fitrofitn of Barcelona were almost completely vacated as police patroled them In automobiles and on fool, stopping find searching nil thoee unable to account for their presence. Authorities have maintained trfme precautions In this Calalon- ian city In Northeast Spsin since last month's general flections, fear, ing extremist outbreaks In retalia- tion for loss of power In the bal- loting. Tonight authoriilcs Investigated fSen SYNDICALISTS, Page 10) The Weather Gnlveston and cloudy Saturday; not much change In temperature; light to moderate southerly to westerly winds. 4 O- Kflnl Saturdny, ly colder in south unit extreme cost portions; Sunday partly cloudy. dUphtlv warmer in north portion.

Moderate northerly winds on the const, becoming variable. West. sllfihlly colder In extreme noiith portion day; Stimlny Incrcnnlng cloudiness. fair Hnlur- dnv nml Hnmlny; tOlRlitly roltlnr In tntrrlor Snlurdny. Ughl north- wlmln on Ihti connt.

Hopkins Asserts Local Officials Are Failing to Assist CWA Program WASHINGTON, Dec. that the cam- paign to return 4,000,000 men to work by Dec. ID apparently was behind schedule, Harry L. Hopkins, civil works administra- tor, today placed the blame on failure of local officials to pro- vide projects and inability to obtain necessary equipment. Hopkins said a telegraphic poll yesterday indicated 2,500,000 men were employed on civil works proj- ects, a great majority of whom had been transferred from relief rolls.

He explained the original program provided for 3,000,000 at the end of this week. To Buy More Hogs. Acting in another president of the Federal Surplus Relief also announced the government would purchase hogs on the principal mar- kets to meet the needs of the direct relief program. Orders for 6050 were placed today and 14,069 had been purchased previously. The civil works administrator told newspaper men that when he found the employment program was LgRing he directed all state civil administrators to act on all projects the day they were received, and.

if approved, to telegraph the verdict instead of sending it by mail. He said lie also sent engineers Into number of states to assist the etate administrations. Under present plans, the civil works program is to continue until Feb. 15. To Continue Work.

Hopkins said today that counties and cities generally (See CWA PROGRAM. Page 10) PAN AMEHICAN MEETING ASKS THAT SUBCOMMI5- SION STUDY POSSI- BLE SOLUTION, Montevideo, Uruguay, Dec. JP At the request of the Pan-Ann! ri can conference, Us subcommlssion on the Chaco war today began Individ- ual conferences with delegations to determine their views on courses to stop the conflict between Paraguay and Uruguay. First conversations on the sub- commission, which Is hcnderi by Ga- briel Terra, president of Uruguay, were described as hopeful. All dele- gations will be sounded and a ple- nary session probably will be asked to take whatever steps the compo- site judgment of the delegations dictates.

The official version of the reply of Cordell Hull, secretary of state of the United States, to the debt moratorium proposal of Dr. Jose Manuel Puig Cassauranc, foreign minister of Mexico, made on Dec. 5 in an executive cession of the steering committee, was published in-thc conference report today. Hull Quoted. It quoted Mr.

Hull as saying he believes nil RovernmnntR In a posi- tion to do so should act similarly to the United States by raising prices to "normal" nevels. "Once that price level reaches the mal," Mr. Hull was quoted as say- Ing, "interested countries may be- (See PAN-AMERICAN, Page 10) INSULL DISCHARGE HEARING DELAYED Toronto. Dec. hearing on a motion seeking the discharge of Martin J.

Inmill from custody, his latest move against extradition to the United States was post- poned today until Dec. 19. The former Chicago public utili- ties operator wns committed for extradition by a ruling of Justice A. C. Klngfltonn last week and the motion wns, in effect, nn appeal from that decision.

WORKERS ASK REFINERY TO WORK Decision Withheld Pending Advice From N. Y. Special to Thf News. Texas City, Dec. Representatives of the em- ployes of the Pail-American Re- fining Company and the Kel- logg Construction Company were sent about 3 p.

m. today to request officials 1o re-open the gates of the Pan-Ajnerican Refining Company and allow work to go on as before the strike. The decision was reached at a general meeting attended by about 500 persons at 2 p. m. on the Texas City dike.

A general discussion held and various foremen on the construction work spoke to the men. Cries of "Let's go to work" were heard throughout the crowd. At 3:30 notice was sent to the striker and other employes that "the reply of the company would be made known to'them tomorrow morning after officials have com- municated with the main office in New York. J. P.

Sweeney, plant manager of the Fan-American, stated this after- noon that the petition of the work- ers had been received but that the company was not ready to make any assertions, as the question of protection has yet to be decided. The Pan-American Refining Com- pany and all contracting companies on the construction work paid off today for all work done up to 7 p. m. yesterday, when the gates were closed indefinitely. The 2000 pay checks were re- ceived and cashed at the Texas City National Bank.

All through the morning a waiting line about half a block long wns served by bank clnrks, who could not leave their posts until late this Afternoon. McELROY KIDNAP ACCOMPLICE GIVEN EIGHT-YEAR TERM Kansas City, Dec. 27, who was pic- tured by his attorneys as the un- willing tool of leaders of the gang that kidnaped Miss Mary McElroy. 25, last May and held her for $30,000 ransom, was convicted here today by a jury, which fixed the penalty at eight years in prison. The death penalty, the extreme punishment under Missouri's kid- naping law, was asked by state at- torneys.

Jurors disclosed they had not considered the death penalty or life imprisonment for the defend- ant. Miss McElroy wns In hospital recuperating from a nervous break- down when the verdict wns re- turned. Her father. H. F.

McElroy, city manager, testified at Click's trial his daughter had suffered the brenkdown ns a result of her nxpc- rfences while her nbducfors kept chained to basement wall of (See CLICK'S TERM, Page 2) Famous Sculptor Is Appointed to See That Texas CWA Jobs Have Beauty And Permanence as Well as Utility Fort Worth, Dec. Gutzon Horglum, thn sculptor, an- nounced here tonight thnt he hnd been appointed mlvlfier to rence Westbrook, nlnte civil workn administrator and thnt his duly will be lo sec that projects under- taken with CWA funds have bpnu- ly nnd nrrmnnence as well util- ity. WON! brook made the nppolnt- Tiicnt, ho snld, hnvhiR in mind that il will hn possible hereafter to pny fnr mnlcrlnl coals no well nn Ir.hor on rlvll works projects. HeMlinnt lo ftlnborntn on the Hlntement. hr pnld thnf.

he understood from Wrst- hroolc In Auslln ycstf-rdny thnt hn will announce within tho next two days an -Rliout-fnce policy with re- gard to CWA matcrlnl costs. "No public mnn I've ever met," he said, "Is more anxious than Mr. to do his job right. He doesn't want this money spent rak- ing leaves nnri mowing" lawns. He wants fine things for Texas.

"I think," he said, "though may- he nhouhln't ho the one to say so, that he will announce by Sun- day thnt 30 or 31 maybe it's 33 per cenl of the money may bo spent for materials, Anyway, he'a iound out from Washington what he can do." Borpluni, flcry-lempornd mlvocnte of benuty, WOK h(-ro this afternoon SCULPTOR'S JOB, Pnge 10) OUT OF TOWN AFTER ATTACK BY CITIZENS Feeling Continues High in Kountze Following Mob's Action Thursday Kountze, Dec. Negroes residing in this little sawmill city remained uneasy tonight notwithstanding, asser- tions of officers that they were prepared to take care of any eventuality and predictions of many persons that there would be no further disturbance. The mob spirit gripped approxi- mately 400 white residents of this section last midnight as they seized the body of David Gregory, negro alleged to have criminally attacked and killed a white woman, dragged it through the negro quarters for about two hours, mutMated it and pitched the remains on a huge fire which still smouldered tonight. Attack Reported. Another negro was rushed out of town this afternoon at the request of Sheriff Miles Jordan after the negro had reported that he was at- tacked and beatea by a group of white men.

This was the same negro by the side of whose house the Gregory funeral pyre was made and whose fence palings were torn down to provide kindling for the fire. Many white residents had complained that he had been 1 The sheriff advised the negro to stay away from Kountze until feeling here had died down. Sheriff Jordan planned "to take three other negroes arrested after the slaying of the white woman, Mrs. Mellie Brockntan, young farm wife, out of the city before releas- ing them and suggest that they re- main elsewhere for a while. Negroes Terrified, Two of these negroes were sus- pected of having deceived officers regarding Gregory's movements after the killing six days ago.

The third was suspected of having aid- ed Gregory In plotting the crime, but Sheriff Jordan said officers had convinced themselves that there was no evidence on which to base charges and that the men (See KOUNTZE SCENE. Page 10) MARY PICKFOED FILES SUIT FOK DIVORCE FROM DOUG FAIRBANKS. Lo Angeles, CaK, Dec. the cold legal phraseology of a di- vorce comolalnt. Marv Pick ford, known to millions of movie fans as "America's Sweetheart," today for- mally ended the perfect romance between herself and her globe-trot- ting husband, Douglas Fairbanks, swashbuckling hero of the films.

Her suit, which seeks an absolute divorce, charged Fairbanks, now in England, with mental cruelty, indif- ference and neglect Filing of the action confirmed reports of per- manent separation and set at rest numerous rumors of a reconcilia- tion. It was filed-the day Douglas Fair- banks Jr. returned to Hollywood from visiting his father In England, but he said the action came as a surprise to him and that the "mere fact that it happened on the day of my return Is strictly coincidental." say it was strictly coinci- dental. 1 young Fairbanks added, "because brought no message from my father and did not see Miss Pickford before her suit was It Is none of my business. Whatever they do Is bound to be the ricrht thing." Under the charge of mental cruel- ty.

Miss Pickford accused Fair- banks, who, as the warm hearted (See DIVORCE SUIT. Pnge LINDY AND ANNE HURRYING HOME FOR CHRISTMAS Para, Brazil. Dec. Col. and Mrs.

Charles A. Lindbergh, hurrying homeward for Christmas after a six months' air tour, corn- pitted a fast hop from Brazil, today nnd landtd here at 1:30 p. m. (EST). They covered the 1094 miles In seven hours and 23 minutes.

More than 3000 miles He between them nnd Miami, one of their next ob- JectlvcB. The flyers indicated they will re- mnin the night nnd will proceed northward perhaps at daybreak Sat- urday. Noted Antarctic Explorers Meet in New Zealand VIGILANCE OF GUARDS FOILS HI 1 A TTPn In ll A I me if IP ri I ii GUN IS FOUND Unusually Cunning Plans of Action Bared When Code Message Is Read Three famous explorers, who plan to fly over the south pole during the forthcoming Antarctic summer, are shown as they met in Dudedin, New Zealand. Left to right: Bernt Balchen, Lincoln Ellsworth and Sir Hubert Wilklns. (Associated Press photo.) DISCIPLINARY ARM OF BODY FUNCTIONS AS FIRMS ORDERED TO GIVE UP EAGLES.

"Washington, Dec. Quick disposal of a number of major codes, including some newly taken over from the farm administration, was promised today at NRA. as a general cleanup struck the organi- zation. codes covering food manu- facturers, wholesalers and retailers, which have been at the farm office for the last two months, were gone over today by NRA officials, with the result that one of the number ventured the opinion all three codes could be made ready for transmit- tal to the White House by Mon- day. The graphic arts code, covering: an extended field of printing and publishing, was In for final con- ferences and so was the pact of the newspaper publishers.

On one important code, how- ever, stalemate developed. Long conferences between em- ployer and labor spokesmen for the construction industry were sus- pended without agreement and with the prospect that Hugh S. Johnson would have to step in' and push through a compromise. Labor lead- ers pronounced the revised dralt put before them by NPvA officials "worse than the orginal" submitted by the industry. Codes Signed, Seven codes were signed fay President Roosevelt: Furniture manufacturing; auto storage and parking; pyrotechnic (firecracker) excelsior products; asphalt and mastic tile manufac- turing; pap erma king-ma chine build- ers and machined waste manufac- turing.

The disciplinary arm of the NRA (See NRA ACTION, Page 2) La Rue Gets New Hope of Eluding Return to Chain Gang in Florida Chicago, Dec. Encour- aged by a municipal judge and backed by a sympathetic novelist, James A. La Rue held new hope tonight that he could defeat Flori- da Justice and remain a fugitive from a. Bade County chain gang. "I wish I -were as sure of long life ai you are of freedom," Judge Alfred O.

Erickson told the 27-year- old prisoner as he forbade his re- moval from the state for 24 hours. Later in the day Chief Justice Philip J. Finnegan in criminal court granted a habeas corpus writ hold- ing La Rue in the sheriff's custody until a full hearing Dec. 14. At that hearing Judge Finnegan must decide whether La Rue goes back to the chain gang to flnlsn five-year term for house breaking.

He had been sentenced last Decem- ber and escaped in April. "They got me to plead guilty," La Rue told Judge Erickson in city court today, "by saying thnt I would probably, be freed or given a light sentence. They told me they had my fingerprints from a sugar bowl in the ehack, and if I went before a jury on a plea of not guilty I would probably get 99 years." Deputy Sheriff James Lewis Rob- inson of Florida arrived with an extrsditlon writ signed by Gover- nor Henry Horncr of Illinois, but Judge Erickson warned against any effort to remove La Rue before 24 hours In which the defense'might obtain a habeas corpus writ. The court criticised the governor's ap- proval of Ms extradition. "Governor Homer must not have gone Into this case thoroughly," said Judge Erickson, "or I don't be- liova he would grant extradition.

There Is not sufficient grounds for extradition." The judge he would personally plead before a group of women for a defense fund (Sec LA. RUE CASE, Page 10) Rail Concerns Supporting Company Unions Warned to Cease Practice Immediately WASHINGTON, Dec. roads which have been supporting company unions were warned by Joseph B. East- man, federal co-ordinator of transportation, today that they must cease such activities. FLYER KILLED SPECTACULAR.

COLLISION TWO PLANES OCCURS AT SHREVEPORT. Shreveport, Dec. Barksdale Field flyer of the 77th pursuit squadron was killed late to- day in a spectacular collision of two planes' at a height of 4000 feet over the field reservation, and an- other floated safely to earth with his parachute. Second LL Ernest B. Holtzen 25, of Sedalia, was killed.

Sec- ond Lt. Samuel C. Dunlap, 23, air corps reserve, of Atlanta, pilot of the other single seater pursuit ship which figured in the crash es- caped with only scratches. The two disabled planes, plung- ing to earth at an estimated speed of 300 miles an hour, crashed 150 yards apart In a plowed field less than 200 yards from, the Minden highway. Both planes were demol- ished.

Lt. Holtzen was unable to extri- cate himself from the disabled ship and crashed to earth In the wreck- age. IA. Dunlap floated, to earth be- tween the wreckage planes. of the two The tragedy occurred during the regular afternoon training sched- ule of the 77th pursuit squadron.

The victim and Lt Dunlap were flying In the second section of the two-element flight. Lt. Holtzen was the lead plane la the second element and Li Dun- lap was flying directly behind him. At 4500 feet the flight maneuv- ered into a 180-degree diving turn. According to Lt.

F. I. Patrick, op- erations officer of the 20th pursuit group, the flight had just settled Into the dive after completing the (See AIR TRAGEDY, Page 10) BARKLEY IS VISITOR AT LOCAL POST Senator A. W. Earkley of Padu- cah, who was the principal speaker at the Chamber of Com- merce dinner in Houston Thursday spsnt yesterday in Galveston as the guest of his son, Lt.

Davlrl M. Barkley, a member of the Third Attack Group at Fort Crockett. Senator Barkley was accompanied to Galveston by Congressman Joe Eafrle. He returned to Houston last night, en route to his home in Paducah. Writing to the regional co-ordi- committees la the East, West and South, Eastman said a questionnaire has disclosed viola- tions of section 7 of the emergency transportation act.

This section forbids railroads from seeking to influence or com- pel employes to Join company unions or to assist such unions fi- nancially, or to interfere in any way with employes' organizations. Eastman warned that he had au- thority to issue orders stopping such practices or could seek action by the attorney general or the dis- trict attorney in the locality where the railroad has its headquarters against persons participating In activities contrary to the law. He said the questionnaire showed that officials had interferred and that some of the railroads had paid officers of company unions while attending solely to union business and also in some instances group insurance and other benefits had oeen given employes who are members of company unions. "The principle now embodied In the law, in short," Eastman said, "is that railroad management must keep their hands off so far as labor organizations are con- cerned. That this principle Is sound is not-open to question if we believe as we must that employes are free American citizens and not a menial class subservient to the employing class.

Whatever may have been the attitude of employes in the past It is plain that today they are prepared to Insist upon the right to bargain and deal col- lectively with their employers upon equal terms." Eastman suggested to the region- al committees various methods which could be taken to bring the situation Into entire harmony with the law. These include: That all officers, supervisors and (See RAIL UNIONS, Page 10) Joliet, Dec. icspcrato plot for a wholesale n-eak of convicts from the Illinois state penitentiary, scene tf one of the bloodiest prison in history, was frustrated oday by the vigilance of guards. Six long- term prisoners, most of hem incorrigible, were placed In olitary confinement on bread and vater diets, warrants were Issued or a man and wife outside the icnitentiary, and prison officials vere tracing evidence toward other inruly convicts. The plot was described as un- isually cunning.

It centered about muggled pistols and knives, code elegrams and letters, and plans for nciting a riot to befog a walkout vith guards as shields from pun- Ire. Several of the plotters were ring- eaders in the vicious Statesvllle of 1931, In which several were milled as thousands of convicts ought for liberty. "Joe Latino and ils wife, Jeanette, were arrested at Rocltford, as the couple wanted outside the walls for assisting in lie escape conspiracy. They are reportedly relatives of Donald Loftus, desperado convicted of robbery in McHenry, 111., and suspected of the several ago ofGOTHOTTSawyer, er of Tucson, Ariz. Prison officials first discovered he escape plan a week ago when a wooden box containing a pistol and ammunition was thrown over he prison wall.

The box was al- owed to He In the courtyard. 'The lollowing day an Inmate was seized as he attempted to loop it with a wire and draw It into a work shop an open ventilating shaft. Guards then found six knives se- creted In a barrel in another shop. Another convict was seized when he attempted to retrieve them. Previously, a telegram came to prison saying "Deepest sympa- thies death of your father." The father of the convict to whom it was addressed died 20 years aso, prison records showed.

The tele- gram and several coded letters al- egedly were traced to the Latinos, and so was the pistol and ammuni- tion. Originally the plan was for the MEDICAL SOCIETY ELECTS OFFICERS Dr. W. F. Splller was electee president of the Galveaton Medica Society at its dinner and meeting last night at the Buccaneer Hotel succeeding Dr.

H. Reid Robinson Other officers elected were Dr. M. F. Stephen, vice president anc Dr.

Ray Parrish, secretary (re- elected). A board of censors composed of Dr. Jesse Flautt. Dr. C.

T. and Dr. J. R. McMurray also wai A committee to confer oi emergency relief of the will be named by the out-going president.

It was decided and an other committee, composed of Dr Spiller, Dr. R. E. Cone and Dr. B.

Johnson was appointed to drav, up a resolution on the death of Dr F. D. Crutchfield, former professor of dermatology at the State Medl cal College. Dr. Edward Randall Jr.

delivered (See MEDICS ELECT, Page 15) County Precincts Have First Voice In Movement to Call Election Under Home Rule Charter Amendment Complete and detailed Instruc- tions for counties proceeding un- der the Texas home rule amend- ment are contained in the enabling act passed by called session of the 43rd legislature in October. Step by step, the enabling act provides for petitions, precinct con- ventions, county charter conven- tion, selection of a charter commis- sion and calling a county election to accept or reject the proposed homo rule charter. In connection with the homo rule movement in Gnlveston County, The News presents the full text of the home rule enabling act in three installments. Today's Installment deals with thn purposes of the act, manner of petitioning for a char- ter convention nnd the holding precinct conventions. The seconc Installment will detail tha duties the county charter convention an the commission named by the cor ventlon to draft a charter and wl expliln steps toward calling a coun ty charter election.

The third an last installment will outline rule of the election itself. First steps as detailed in th home rule enabling act follow: Be it enacted by the legislator of the State of Textis: Purpose of Acl. Section 1. The purpose of thi act ifl to provide an enabling nc under the recent (See HOME RULE, Page 11) (See PLOT FOILED, Page 10) MOTHER DECIAHES HE BEAT AND KICKED BABY IN OF RAGE. Denver, Dec.

S. ald K. Smith, 31, was brought hur- riedly to the Denver County jail to- day from nearby Littleton while groups of his fellow citizens heat- edlv discussed the death of his in- fant son. Sheriff E. E.

Monzlngo said Smith signed a written confession that he kicked the child to death. A. T. Monson, deputy district at- torney, said he would file a mur- der charge as soon as Judge Sam- uel Johnson opens court at Little- ton tomorrow. Monson and Sheriff Monzlngo said Smith signed the confession this morning after his wife, Mrs.

Mabel Smith, 27, told authorities that a previous story of an acci- dent she and Smith gave out con- cerning the death of their son, Don- ald Arlen Smith, was not true. The couple first reported the baby died Dec. 4 after it had been knocked down by a door Smith flung open as he entered the fam- ily home carrying an armload of wood. The statement Mcnaon and Mon- zlngo said Smith signed, stated the child "died as a result of my treat- ment of him." "The story I told after the baby's death was untrue," the officers quoted Smith as saying "I per- suaded, my wife to tell the story to remove suspicion from me. 1 She told them, Monson and Slon- zlngo said, that Smith became en- raged when their child asked him (See CHILD'S DEATH, Page 10) SHOPPING DAYS TO CHRISTMAS.