Arizona Daily Star from Tucson, Arizona • Page 16

TUCSON. ARIZONA, THURSDAY MORNING, NOVEMBER 5, 1931 PAGE SIXTEEN THE ARIZONA DAILY STAR Weather JUDD'S LAWYER INSPECTS HOME Woman Who Did Not Change Mind Faces Federal Charge FICKETT RULES IN R. R. CASES VOTING PLEASES WET DEMOCRATS LOVELY FERNS In Great WEEK-END SPECIAL READ THIS ADV. CAREFULLY Juror Who Deadlocked Foshay Case Charged With Contempt; Is Alleged She Was Acquainted With and Had Worked or Men Accused in Case MINNEAPOLIS, Nov.

4. JP) The government today questioned the good faith of Mrs. Genevieve A. Clark, Minneapolis housewife, who as the only woman member, deadlocked the jury in the recent trial of W. B.

Foshay and six associates on mall fraud charges with a aeven-day Combination 2 One 6-inch Fern worth one Plant Stand worth $2.50. Total worth $5,50. All for $4.00 stand lor acquittal. It brought charges of perjury against the woman who prided herself on her refusal to change her mind and cited her to show cause Monday why she should not be adjudged In contempt of court. It alleged that she was a former em Combination 1 $2.50 Plant Stand and one S-inch Fern worth $2.00.

Total worth $4.50. All for $3.00 Combination 3 One 7rinch Fern worth one Plant Stand worth $2.50. Total worth $8.50. All For $6.50 LANGERS 43 East Congress St. Phone 1232 I SAVE THIS MONEY! Judge Permits Visit to Scene Of Trunk Slayings Over State's Protest PHOENIX, Nov.

4. (IP County Attorney Lloyd J. Andrews was unsuccessful today in attempts to prevent attorneys for Winnie Ruth Judd from Inspecting the duplex apartment in which she has admitted she shot to death Mrs. Agnes Anne Le Rol and Miss Hed-vig Samuelson. Superior Judge Marlln T.

Phelps granted Herman Lewkowitz, associate counsel for Mrs. Judd, an order allowing him to inspect the death cottage accompanied by a photo grapher who took several pictures, Andrews filed a petition seeking to dissolve the original order. Judge Phelps set tomorrow morning at 9:30 as time for hearing the peti tion. In resisting defense plans to visit the house, Andrews told Judge Phelps his office had not finished its investigations there and felt it would bo "a great detriment to have Interference until we are through." After his inspection, Lewkowitz announced he had obtained specimens of stains he found on the walls of the kitchen and breakfast nook which will be analyzed to determine if they are blood. Mrs.

Judd has said she killed Miss Samuelson in the breakfast nook, and Mrs. Le Rol in the kitchen. The prosecution asserts the slayings occurred in the bedroom, and that stains in the other rooms were not caused by blood. Andrews and Harry Johnson, his chief deputy, questioned Mrs. Judd for an hour late today.

The county attorney said following the visit to the accused woman's cell that she "talked readily about the crime," but declined to reveal what she said. It was the first extended conversation Andrews had held with Mrs. Judd since her return from Los Angeles, where she shipped the bodies of her victims in trunks. The prosecutor said his investigators are welding a chain of evidence which he expects to clear up several heretofore unexplained circumstances connected with the slayings. STUDENTS CHOSEN FOR DRAMA TRYOUT Twenty-one high school students have been chosen by Miss Lillian Cavett, drama instructor, to continue tryouts for the next school play, "It Never Rains." The 21 students are: Miss Elizabeth Stewart, Miss Betty Powhatan, Miss Kdya Bloodworth, Miss Faye Eite, Miss Betty Holesapple, Miss Mary Louise Sharman, Joe Hardy, Rodman Palmer, Miss Helen Den-nert, Newton McBride, Shelley Rl-chey, Roswell Roberts, Miss Mildred Chambers, Miss Llla Franks, Miss Phyllis Paul, J.

W. Jolly, Miss Pearl Riter, Miss Eleanor Maynard, Miss Ellen Bruce, Miss Ellabeth Adams and Miss Helen Batton. SCOTTISH RITE NOTICE Ninth and Tenth Degrees, Thursday night, November 5, beginning- 7:30 o'clock. J. A.

ROBERTS, 32 Venerable Master. AT (Hit Cent Sale ARIZONA, Fair Thursday and Friday, allghtly cooler Thursday south central portion. NEW MEXICO Fair Thursday and Friday, little change In temperature. WEST TEXAS Generally fall- Thursday and Friday; not much change In temperature. PHOENIX, Nov.

4. (P) High pressure accompanied by cool weather prevails over the central portion of the country with freezing weather In the Dakotas, Wyoming and Iowa. Warmer weather prevails In the Atlantic coast states and states adjacent. Light rain at Boston Is the only precipitation re ported. Low and high temperatures for the 24 hour period ended at p.

m. today: Boston 48 Buffalo .....48 Chicago 40 Denver ..36 El Paso 46 Flagstaff 26 Kansas City 42 Los Angeles 56 Needles 50 New Orleans ....58 New York 48 Phoenix 55 St. Louis 44 Salt Lake City ....46 San Iiego 54 Yuma 66 60 48 61 68 78 66 60 88 84 76 60 92 60 60 80 94 PHOENIX Broken overcast, celling and visibility unlimited, mod erate southeast winds surface to 6,000 feet, gentle southeast winds above 5.000 feet. TUCSON AND DOUGLAS Clear to broken cloudiness; 7,000 feet ceiling at Douglas. COURT SUSTAINS U.

V. X. TAX CUT Supreme Tribunal Rules State Commission Assessed Mine Wrongly PHOENDC, Nov. 4. (IP)--The Arizona supreme court today upheld the action of the Yavapai county superior court in reducing the as sessed' valuation of the United Verde Extension Mining company pro perties more than $9,000,000.

The state tax commission fixed the value of the mining company's properties In 1929 for the purpose of taxation at $14,812,440. An appeal to the superior court at Prescott brought a reduction to $5,710,000. It was believed to be the first time in the history of the state the tax comsiisslon has lost a suit. Under judgment of the high tribunal, the commission must repay the mining company the amount "Illegally collected from date of payment" and "Interest from the date the money was paid to It." The United Verde now can recover judgment against the defendant In the sim of $192,626.78 together with six per cent Interest from the date the taxes were paid. Alfred C.

Lockwood, associate justice, -wrote the opinion with Chief Justice A. O. McAlister and Associate Justice Henry D. Ross concurring. "There being sufficient evidence In the record to sustain the findings of the trial court," the opinion stated, "as to the valuation fixed by It on (United Verde) producing mines for assessment for the year 1929, mch valuation must stand." large number of railroad men In the Tucson district who claim to have been deprived of their seniority rights and have suffered grave Injustices because of the alleged fraudulent, arbitrary and unfair acts on the part of the brotherhood defendants and their respectvo officers named as defendants in the suits.

The plaintiffs are represented by Carl R. Tlsor and George A. Hll-zinger, and Curley C. Hoffpauir, special counsel. The defendant.

Southern Pacific company Is represented by Francis H. Hartman and all the other defendants by Gerald Jones, of Conner and Jones and Charles Stevenson, chief counsel for the Brotherhood of Locomotive Firemen and Englnemen, with headquarters at Cleveland, Ohio. There will be a meeting of the. Tucson Seniority association hi'ld at Odd Fellows large hall, Tucson, at 1 p. m.

Monday, Novemlvr 9. The meeting Is open to all members of the Tucson Seniority association and all other englnemen on the Tucson seniority district who are interested. Seniority Matter Will Come To Trial on Basis Of Court Decision The plaintiffs In the railroad en-lorlty cases of Arthur L. Mills, and others, and J. E.

Anderson, and others, against the Southern Pacific company. Grand Internationa! Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Englnemen, and about 70 other defendants, won an important victory when Judge Fred W. Fickett handed down a decision "Wednesday morning overruling and denying the pleas in bar which had theretofore been filed by the defendants. The effect of Judge Flckett's decision is to assure the plaintiffs In these cases of a trial. This case In its ultimate decision, Is regarded by local railroad men as of the greatest importance.

It will Involve, directly or indirectly, 1500 men Including families In Pima county. 30,000 including families in Arlrona. and some. 800,00 in the United States and Canada. For this reason local railroad men fee! Justlyproud that the first great obstacle In their way, that of getting their cases before a trial judge and jury, has been accomplished In the action of Judge Flrkett in defying the pleas in bar of the defendants.

The complaints in both cases allege, in substance, that the plaintiffs have been deprived of their seniority rights by reason of a arm ies of acts on the part of the brotherhood defendants, which, It is claimed, were fraudulent, arbitrary and in bad faith, in violation of Jf.w, and of the constitutions, by-laws and agreements of the respective brotherhood organizations which were In full force and effect at the time the said acts occurred and particularly in disregard of a certain agreement which had been made by the combined brotherhood or ganizatlons on January 23, 1925. This agreement was made by both the firemen and engineers organizations and the Southern Pacific company for the benefit of the men on the Tucson seniority district after the merger of the Arizona Eastern Railroad company with the Southern Pacific company in November. 1924. This agreement ad justed the working conditions and seniority rights of men employed respectively upon the merged properties at that time and It was the later alleged fraudulent and arbitrary disregard of this agreement by the brotherhood defend ants and their respective officers which finally culminated in the commencement of these law suits. The defendants filed pleas in bar In both actions, claiming that the judgments In favor of the defend ants made in superior court of this county by Judge Gerald Jones on May 28.

1928 In the cases of Frank McCaffery against the Southern Pacific company. Grand International Brotherhood of Locomotive Engineers, and others, and Marshall H. Hawson against substantially the same defendants, are res ajud-lcata of the rights and remedies of the plaintiff's In these present cases and that these plaintiffs are barred because of those judgments from maintaining the present actions. The plaintiffs filed answers to the pleas of the defendants denying that the judgments In the McCaffery and Rawson actions are a bar to the maintenance and prosecution of these actions. Arguments were made by counsel for the respective parties on the 23rd day of September 1931, and thereafter briefs were submitted.

The court Indicated that the basis for his decision in overruling and denying the pleas in bar Is, In substance, that the Issue preseitst'd for determination by the complanlts In the present actions were not presented or litigated in the former actions brought by McCaffery and Rawson, particularly with re. epect to the agreement of January 23. 1925. Curley C. Hoffpauir, special coun-el for the plaintiffs, urged the court to set these cases for trial at an early date.

The defendants were allowed twenty days In which to file and serve their answers to the complaints and although no final date was set for trial, the court reserved the week of January 4, 1932 for that purpose, requesting counsel to cooperate to the end that the cases may be tried at that time. The actions will be heard before the superior court of Tima county and a jury. The determination of these actions is of great Interest to a ploye of the Minneapolis promoter who, with his associates. Is to be re-trled next January. Mrs.

Clark accepted service on the complaint this afternoon and protested her innocence. She said that when she was discharged with other jurors 13 daya ago she was ill and weary. The action was Instituted by Fred Horowitz, Los Angeles, special prosecutor for the department of justice, and L. L. Drill, United States district attorney, after an investigation by special agents who studied Foshay payrolls for several years past.

They alleged (hat Mrs. Clark had been a Foshay employe as recently as July, 1929, about four months before the $20,000,000 enterprise collapsed and were placed In voluntary receivership. Horowitz charged that Mrs. Clark had perjured herself in her examination to qualify as a juror when she testified that she was unacquainted with any of the seven defendants while he said she was "acquainted with one or more of them." He also alleged that her husband, now a real estate operator, formerly was president of a small St. Paul bank which carried on business with Foshay.

tions of the American continents and as Mexico builds its west coast hiehway further south this marked highway aa U. S. No. 87 will pull a great amount of high class tourist travel over the route from north to south and south to north. This part of our program, If desired by the commission, our association can be of great assistance out side of Arizona in consummating; but, the initiative must come from your official body.

"3. It is understood by our association that when any more federal aid becomes available to Arizona prior to June 30th, that before Arizona can use such funds it will be necessary for the commission to prepare a supplementary budget, present and have same passed by the Arizona legislature, In special session. This condition has prompted our association to consider the matter and to pass to you the desires of southern Arizona for favorable consideration from the commission In preparing a supplementary budget that will obtain the approval of the special session of the state legislature. To that end we respectfully ask that you include in the financial plan and budget sufficient state appropriation to oil surface the fifty-eight miles of state highway No, 84 from Gila Bend to Casa Grande and set up the schedule of contracts to complete this project before June 30th. 1932; that your supplementary budget provide sufficient federal and state funds to oil surface all sections of U.

S. 80 new Mexico-Arizona state lines to Arizona-California state lines, not now provided in any existing budget or carryover, and same on U. S. No. 89 Nogales to Ashfork, and that the contract of schedule on U.

S. 80 and 89 in the supplementary budget provide completion of the contracts by June 30, 1932; that the supplementary budget be set-up to equally divide the federal aid funds and state funds necessary to match same for construction work In the northern, central and southern highway systems as designated In the constitutional amendment voted on at the last, state election." A Responsible SERVICE Laffoon Elected in Kentucky; Non-Partisan Ballots Are Notable Feature (Continued From Page One) committee for modification of the Volstead act, said, "Wet victories nvere registered everywhere and In such splendid proportions that there Is no minimizing the sentiment of the electorate or the Importance of the outcome." NON-PARTISAN VOTE BREAKS RECORD WASHINGTON, Nov. 4. (A1) The three big political prizes of 1931 control of the house of representatives and governorships in New Jersey and Kentucky appeared tonight to have fallen Into the lap of a Democratic party already mllitantly organizing to bid for the biggest prize of all In 1932. Unless accident intervenes, the veteran John Garner of Texas, will ascend to the house speakership when congress meets next month, and President Hoover will find himself confronted, as President Wilson was in the last two years of his term, with hostile leadership in the revenue-voting branch of government.

A Democrat, A. Harry Moore, will take the governor's chair in New Jersey, swept to power on a land slide of astonishing proportions; and unless the, mounting totals of Kentucky belated count are over turned Ruby Lat'fon, also a Democrat, will take the place of a Republican governor at Frankfort. What bearing these results of yesterday election may have on the fortunes of 1932 was a disputed question. Among the Democrats there was much rejoicing and handclasping. Jouett Shouse, the party's executive chairman, saw certain presi dential victory a year hence.

House members, hungry for power after 13 lean years, were vocal In their jubilation and unawed by the difficulties of legislation with a mem bership so close that the count stood at 217 Democrats, 215 Republicans, one Farmer-Labor, two vacancies. May Be Boomerang On the Republican side, most leaders were silent, but many said privately that after all, house control might prove to be more of a burden than a blessing. Senator Fess, the national chairman, declared there was promise for '32 in the Republican retention of the old Lsngworth district of Ohio, after a stubborn Democratic effort to capture It. The election figures had other aspects of Interests to every politician. One was the overwhelming adoption of Governor Roosevelt's reforestation proposal in New York state, over the opposition of former Governor Smith.

Another was the great numerical strength shown by the Independent voter. Politicians have had difficulty measuring the significance of the rift between Roosevelt and Smrth. The reforestation r'n fostered by Roosevelt attracted no attention outside New York until Smith opposed It. Guesses differ as to the extent it matched the strength of Roosevelt against that of Smith. Certainly In many parts of the country, however, the verdict will be accepted as a Roosevelt victory.

Senator Borah of Idaho said today it was the most significant thing in all the returns, and would "add to the prestige of Roosevelt." The development of an ever greater army of voters who refuse continuing allegiance to any party will be considered by both Democrats and Republicans as presidential candidacies take form. In New Jersey, where the late Senator Morrow had a republican majority of some 200,000 in the Democratic year 1930, Governor-elect Moore rolled up yesterday a Democratic majority of more than 250,000. In the eighth Michigan district, which provided the margin needed by the Democrats for house control, the Republicans won last year by 20,000. In that one district, close to 12,500 must have thanged their allegiance within 12 months to give the Democrat a majority of 5,000. This Is had news for the Old Guard of whatever party.

It means that by the thousands and hundreds of thousands, voters can no longer be counted on to stay in the ranks. By that token, It stirs the speculations of those, who are thinking of opposing President Hoover for renominatlon, and those who are inclined to strike out on Democratic quests of their own, despite the present outstanding position of Roosevelt. It was one of the surprising results of yesterdays voting that the fifth New Jersey district, whete a special election for congress Is t-j ne neia next month, gave the Democratic state ticket a lead of 10,000. Not even the most optimistic I of Democratic national leaders had I supposed there would be opportun- ity to pick up a new member of the house from this Republican stronc. i mua.

i ney sun were a little doubt-i ful about it tonight, but they will try. FIREPLACE ACCESSORIES SCREENS GRATES AND IRONS RONSTADT'S 6th and Broadway Phone 680 HIGHWAY PLANS GIVEN AT MEET Copy of Suggested Program Sent to Condron By Gardner Both major and minor Improve ments in the highway system of the southwest were features of a suggested program adopted at the recent meeting in Tucson of the Border-Sunshine Way association and presented at Tuesday's meeting of the state highway commission at Phoenix. According to It. Condron, secretary of the highway group, who, with A. T.

Kilkrease of Casa Grande, presented the suggested road Improvement, it was placed on file by the commission members. Representatives of Bisbee and Douglas, scheduled to assist In the presentation failed to appear, Secretary Condron stated. The text of the suggested program, which bears the signature of A. H. Gardner of Tombtone.

president of the highway association, follows: "1. This association requests that the highway commission immediately authorize and instruct vour state highway engineer to em ploy necessary men to control traffic by the flag system on all pres ent and future construction contracts where an adequate and properly maintained permanent detour is not in operation and especially on work where oil surfacing or gravel surfacing is being spread or placed. We suggest that this program in Arizona's hlghwrf building be done by the state rather than by the contractor. "2. We ask that the commission recommend to the Arizona state highway engineer, or any other official from the highway commission who will represent Arizona at the next American association of highway officials' meeting, that the following marking and designation be presented for approval of that meeting: "Namely, that the state highway No.

82, Nogales to U. S. No. 80 at Tombstone Junction, be designated as U. S.

87W; -double designated over U. S. 80 to Tombstone as U. S. No.

S7 Tombstone to Gleeson, Courtland to Arizona No. 81 and Douglas to junction of proposed U. S. No 87v be designated U. S.

No. 87E; thence from junction of U. S. No. S7E and west over Arizona No.

81 to Safford be U. S. No. 87: double designation IT. S.

87 over U. S. 180 to junction with Arizona No. 71 and Arizona No. 71 to Its junction with V.

S. No. 60 be designated U. S. No.

87; thence double designation over U. S. 70 to St. Johns and that the road St. Johns to Witch-well, Zuni to U.

S. No. 66 at Gallup, New Mexico, be designated with V. P. No.

87; and U. S. No. 666, Gallup to Cortez, be changed to U. R.

No. 87; thence that U. S. No. 4.j0 to Durango, bo double designated with U.

S. No. 787: thence that U. S. No.

550, Durango to Montrose. be double designated with U. S. No. 87; thence U.

S. No. 50 to Grand Junction, be double designated with U. S. No.

87 same for U. S. No. 40S, Grand Junction to Rifle, thence IT. S.

No. 87 extend from Rifle-Meek- er-Cralg, Colorado Baggs, Wyo. to Wamsutter; thence double deslg- nated with U. S. 30 to Rock Springs and to Rawlings; thence double designated with U.

S. No. 1S7 to Moran: thence 87 through Yellow Stone National park to Great Falls, thence U. S. No.

87 as designated to Glacier National park, except double designated where It runs over U. S. 2. "We further ask that the Arizona highway commission immediately take this routing up with the several highway commissions or departments of the states through which the proposed U. S.

No. 87 will be routed and secure their support on the program. This designation will give Arizona another U. S. marked highway and place It on an International highway traversing the greatest scenic sec- Tiedje Funeral Home 729 N.

6th Ave. Telephone 336 -lnwinni nr'wiiiii GUARANTEED For Furnace, Fireplace or Stove Large Lump, (Mi by the ton 1 1 I Stove or Nut A 7C bv the ton 51 I 0 CdAIL Combination 4 One Fernery, 24 inches long, will hold three ferns, worth three 5-inch Ferns worth $5.00. Total worth $9.00. All for $6.00 More ALL REGULAR $1.00 RAZOR BLADES 77c ALL REGULAR 50c RAZOR BLADES 39c ALL REGULAR 35c RAZOR BLADES 29c FAMO HAIR TONIC 2 for $1.18 O'NEILL'S VEGETABLE REMEDY 2 for 37c 65c FENWAY CHERRIES, 1-LB. BOX 2 for 66c $1.00 LIGGETT'S CHOCOLATES 1-LB.

BOX 2 for $1.01 50c LIGGETT'S HARD CANDIES, 1-LB. TIN 2 for 51c 5c CANDY BAR "BIG DIP" 2 for 6c 50c WRAPPED CARAMELS. 1 LB. 2 for 51c CRABAPPLE JELLY, 10 OZ. 2 for 36c PINEAPPLE PRESERVES, 16 OZ.

2 for 46c STRAWBERRY PRESERVES. 16 OZ. 2 for 46c This Sale has been developed by the United Drufl Co. as an advertising plan. Rather than spend large sums of money in other ways to convince you of the merit of these goods, they are spending it on thia Sale in permitting us to sell you two full-sire packages of high quality merchandise for the price of one, plus one cent.

It costs money to get new customers, but the sacrifice in profit la justified, because we know that these goods will please you. No limit buy all you want. Remember, this Sale Closes Saturday Night. Some of the Hundreds of Items Now on Sale $1.00 PEPTONA 2 for $1.01 $1:00 SYRUP HYPO-PHOSPHITE COMP. 16 OZS.

2 for $1.01 50c KLENZO DENTAL CREAM 2 for 51c 50c MI 31 SHAVING CREAM 2 for 51c 25c REXALL SHAVING CREAM 2 for 26c 25c REXALL TOOTH PASTE 2 for 26c $1.00 HARMONY TOILET WATER (ASSORTED ODORS) 2 for $1.00 $1.50 MAXIMUM HOT WATER BOTTLE (RED) 2 for $1.51 $1.50 FOUNTAIN SYRINGE 2 for $1.51 VELVET SMOKING TOBACCO (TINS) 2 for 23s THOMPSON'S MALTED MILK (16 OZ.) 2 for 89c ORONITE FLY SPRAY (16 OZ.) 2 for $1.11 TUCSONIANS spend your Week-end at the for shipment is a highly developed branch of our service, where the handling of household furnishings, china, glassware and works of art has been standardized to the utmost for safety and economy. Rubber Kitchen Aprons In Pastel Shades Regular Price 35c 2 for 36c PADDED VANS TUCSON WAREHOUSE AND TRANSFER CO. 110 East 6th St. Hide horse-back up glorious canyons. Join in the cowboy songs around the Saturday night campfire.

Full course de luxe dinner Saturdau, 6 P. and Sunday, 1 to 3 P. M. For special week-end and Saturday and Sunday dinner rates and reservations, telephone 01J12, Flying ranch. Lynn S.

Gillham, manager. Glasses Fitted WSCHMIDT and ACKLEY Are Made in Their Own Factory 77 E. Broadway Across from Santa Rita Hotel Phone 1955 (lis?) HOME ICE AND COAL CO. 126 East 7th St..