Jefferson City Post-Tribune from Jefferson City, Missouri • Page 1

Full Leased Wire of the Associated Press VOL. 68, NO. 294 FINAL EDITION Full Leased Wire of the United Press JEFFERSON CITY, MISSOURI, MONDAY. MAY 27. 1935 TRIBUNAL Frazier-Lemke Act Granted Five Years Grace on Mortgages, Affected Billions In Indebtedness BRANDEIS IN DETAILED STATEMENT ON DECISION Courts Had Divided on Act, Some Upholding It and Some Ruling It Unconstitutional WASHINGTON, May 27-(AP) The Frazier-Lemke act granting a five-year moratorium for paying off farm mortgages and affecting billions of dollars of indebtedness was held unconstitutional today by the supreme court.

In a decision read by Associate Justice Brandeis, it ruled on a case brought by the Louisville joint land bank against William W. Radford, Sr. The federal district court for western -Kentucky and the sixth court of appeals upheld the legislation affecting farm debts estimated at $12,000,000,000 by the Minnesota attorney general. Ruling, Unanimous The supreme court's ruling was unanimous. MAY AMEND STATUTE ON THEATER EXITS Amendment of the city ordinance governing exits in theater buildings is to be discussed at a special meeting of the City Council tonight.

The old ordinance here is considered obsolete and it is probable that revisions will be made to make it conform with state laws and the insurance underwriters' standards. SLASH IN RURAL ELECTRIC BftTES IT BY TSC' DENTISTS THREE flFFICHLS Dr. Digges of Columbia Remains Secretary of Missouri Association TO ST. LOUIS IN 1936 Dr. Haigh of Capital City, President, In Chair for Convention Three officers of the Missouri State Dental Association were reelected at the opening business session of the state convention here VJJ.

Hie Jsldic CU11 VtrillrlUIl llUJLe Other courts had divided on the today, and St. Louis was chosen as act, some upholding it the site of the 1936 convention. ruling" it' unconstitutional. In ''sighing Dr. E.

W. Digges of Columbi; -forced was reelected secretary; J. through congress in- uie closing McLellan of Mpberly was reelectec hours of the last M.J. JLJ1 said, it probably wpuld horst of St. Louis "was" feelectec amendment.

law provided for the morar torium if attempts failed to scale a farmer's debts down to a figure he could The property could not be foreclosed during, the five years if the owner paid a "reasonable rental." In addition, the act enabled the farmer to obtain full title to his property by payment of its appraised value, regardless of the amount stipulated in the mortgage, at the end of the five-year period. Refused to Sell Land Radford, a Kentucky farmer, had taken advantage of the law after defaulting on payments on a mortgage held by the bank. He refused an offer of for his property when the bank tried to buy it in. Under the Frazier-Lemke statute, he retained possession of it by paying annually, with an option to clear his indebtedness by purchasing editor of the association's publication, the "Bulletin." A president-elect and vice presidents of the organization will be chosen at another session of the convention late this afternoon. Dr Virgil Loeb of St.

Louis, president- elect, will assume office at the close of the conventin, succeeding Dr. George E. Haigh of Jefferson City. The. association names a president-elect a year in.

advance, the electee taking office at the close of the convention the following year. After a day of recreation at the Country club golf course and Jefferson City Gun club trapshooting range yesterday, the convention went into its first business session this morning. Mayor Means Ray and Clifford G. Scruggs, president for $4,445, the price fixed. appraisers Justice Brandeis, delivering the opinion, said: "The property is subject to depreciation and the possibility of a serious burden of taxes which may accrue on the property and be unpaid." The bank offered $9,500 for the property, Brandeis declared, and then the property was" appraised at i was contended by the bank, dded, that this was "taking the rights in specific property" and beyond, the bankruptcy power.

Detailed Statement "This act applies only to preexisting mortgages and the rights of the parties are controlled by the fifth amendment," Brandeis said, referring to the famed due process clause of the constitution. Brandeis made a detailed statement of the facts and analyzed the main features of the act. He stated with emphasis that the law gave the farmer the right to remain in possession of the METHL EATER BACK IN JAIL; mm iis DIET KANSAS CITY, May 27--(UP) --Robert J. Noonan, 34, the man with the cast iron stomach, was back in the county jail today, where attendants are going to keep a close watch on his diet. They don't want him again to satisfy his craving for razor blades, glass, hair pins, garter fasteners and other items not ordinarily on the jail menu.

After such a meal, taken in an v- attempt a.t suicide. Noonan was farm despite default of the mort- removed to the General hospital gage. where he was treated until de- The rate of interest to be paid clared out of danger, the holder of the mortgage under the fijjst period of the moratorium of 1 percent, he said, was not real interest on the loan. Congress Realizes Gravity Brandeis said the act affected the "absentee capitalist landlord," share croppers and others whose income was derived from land. That congress realized the treasurer, -and Dr.

Missouri Power and Light Ordered to Cut Charges 10 to 30 Percent FURTHER REDUCTIONS TO AID ALL FARMERS All Utilities Operating In State Expected to Get Orders for Slash Utility companies operating in Missouri soon will be ordered by State Public Service Commission to slash their rural electric rates to promote an extensive electrification of the farming areas it was learned today. As a start commission today srdered new rural rates filed by Missouri Power and Light ompany for territory adjacent to 140 towns in north Missouri. The new rates, ordered filed by July 1, average from 10 to 30 per cent reductions In present rates, depending upon the current used, J. C. Collet, chairman of the commission, said.

After Long Study Similar reductions will be ordered for other sections of the state, it was learned from an authoritative source. The order today was made after an extensive study of electric rates in farming territory served by the Missouri Power and Light Company. In a concurring opinion to the ordered reduction for the northern section of the state, Collet said that an exhaustive analysis of the annual reports of all utilities operating in the state disclosed the total amount of electrical energy sold under rural schedules is only 88-100 of 1 per cent of the total output. Only 2 per cent of the electrical and Light Company is consumed by rural patrons, Collet said his. opinion.

While the order in' the case today specifically takes up the situation regarding the one utility. Collet in his opinion took up the rural electrification problem in general. Big Benefits Expected "The utility should regard rural customers as customers who cannot in a practical way get the electric service from any other source and wherever practical the utility should make an effort to extend its service to these customers," Collet said. The order of the commission is regarded here as one of the most significant in recent years. If the order is accepted by the company and is not contested in the courts, wide benefits to farm areas are expected.

TOO HAPPY TO TALK, MARY M'ELROY SAYS KANSAS CITY, May that again!" Mary McEIroy exclaimed jubilantly today when informed Governor Park had forestalled the hanging of her kidnaper, Walter McGee. "I'm too bewildered to say anything more," she added. "I'm too happy about it." CARRY APPEAL TO SUPREME COURT Ask That Sevier's Refusal to Approve Increase In Rates Be Set Aside REQUEST DISTRIBUTION OF IMPOUNDED MONEYS Rates Equivalent to Those Charged Before 1922 Restored By O'Malley Attorneys for the 73 stock fire insurance companies who were denied a 16 2-3 percent rate increase Thursday by Judge Nike Sevier in Cole county circuit court today carried the fight against the decision to the state supreme court. The attorneys filed an appeal from Judge Sevier's ruling and asked that his judgement that the increase was disallowed and that $1,750,000 in impounded premiums should immediately be distributed to policy holders be set aside. Judge Sevier ruled against a similar motion last Friday but granted leave to appeal to the state supreme court.

Fire and windstorm insurance PHI COMMUTES PRICE THREE CENTS PENALTY OF ILT McBEE TO LIFUI CELL Mary McElroy's Appeaj for Clemency for One of Men Who Held Her Captive 30 Hours Is Honored IMPRISONMENT MEETS DEMANDS OF JUSTICE' 'Not Convinced That Hanging Will Prevent Kidnap- ing' But Believes In Capital Punishment, He Says The death sentence of Walter McGee, first imposed in the United States for kidnap- ing, was commuted to life imprisonment today by Governor Guy B. Park. Commutation of the sentence announced by Woodson -j ux me trimjinuai. Avt. ju iiiiui uiiuv: energy sold by the Missouri Power rates equivalent to those charged anri T.iwiif rvimnoni, prior to the 1922 reduction order have been restored R.

Emmet O'Malley, state superintendent of insurance, pending settlement of the long drawn out litigation. The old rates were re-established May 1, O'Malley announced in a formal statement Saturday night. Proposals for the settlement of the kjv-Augg, yieisiutrut TM, of the Chamber of Commerce, gave utlllt company in the case addresses of welcome. decided today by the commission About 500 dentists, their wives was ordered to place the following and assistants, are 'attending the montM rates into effect for rural convention. territory: First 30 kilowatt hours, Tomorrow afternon at 3 o'clock 10 cents a kilowatt; second 30 kilo- a public clinic, demonstrating the wats 6 cent the next 60 KVV, 4 care of children's teeth, will be cents a a11 over 12n Km held in the Junior college.

It is to be conducted by-Dr. Geneve G. Riefling of St. Louis University, consumers using more than 2 cnori nlic-i- KAV- dJlTPnt" tic-a A a specialist. all over 120 3 cents, with the sugestion that the charge be 2 cents a KW for consumers using more than 200 KW, current to be used during "off peak" hours.

The minimum bill is to be S2.50 per month and the excess cost charge 16 2-3 percent. The rates proposed by the company are 10 cents a KW for the first 30 KW, 7 cents a KW for the next 50 KW and 3Vs cents for each KW in excess of- 80. Present rates are considerably higher. Expect New Business An investigation of rural rates was started by the commission "gravity of the situation," he said, "is shown by the funds it has made available to the farmers." must'hold the act void," Tasserted. jvandeis ruled the act constitutes the taking of property from the holder of the mortgage and givng it lo the farmer wilhout compensation.

He said the law ap- to mortgages existing prior lo its enactment and that it was invalid under the fifth amendment. KILLS WIFE AND SELF IDA GROVE, Iowa, May 27-(AP)-- Vern Kiesling, a farm hand near Holstein, Iowa, shot and killed his wife, beat his two infant sons so badly one may die and then killed himself at his home early today. OSCAR MELILLO TRADED TO BOSTON'S ST. LOUIS, May 27-- (AP)-Oscar Melillo, veteran 32-year-old second baseman of the St. Louis American League baseball club, today was traded to the Boston Red Sox for Julius Sellers, an and amount of cash.

an unannounced More Showers Probable; Little Change In Mercury Mivsiwri: shcwers probable tonight httle chmnje in temperature. owcrs Probable tonight and Tuesday, colder in extreme north tonight. Keokuk Stages city Hermann Union below full reservoir, UU for May and hearings were Plr held on the findings last January wee WEEK ana and March. (Continued on Page 2) was Cockrill, executive clerk in the governor's office, just two years to the day after McGee kidnaped Miss Mary McEIroy in Kansas City. Captive 29 Hours McGee was awaiting execution May 31.

The Governor was to liave announced his decision the plea for commutation of sentence Saturday, but because of illness he decided to wait until today. Miss McEIroy, daughter of H. F. McEIroy, city manager of Kansas City, was chained to a basement wall 29 hours while her abductors negotiated for $30,000 ransom. The sum was paid and the'girl released unharmed.

am not convinced-that the hanging of this man will preveh kidnaping any more than that the hanging of a murderer will pr'e vent further murders." Governor Park said in a written statement. "I believe in capital punishment, but under all of the circumstances of this case, I feel that imprisonment in the penitentiary for life will meet all the demand of justice." No. Bodily Harm lo Girl The chief executive said it wa difficult matter to considei this case alone, disassociated from other cases of kidnaping that have been and are not attracting general attention, but this has been 7 INCH OF WIPES OUTBIILLG1E Baseball and crop planting in this vicinity received another set- nuo back today, a heavy rain fall at my ur se noon bringing the total for the nre- SS UI said, noon bringing the total for the preceding 12 hours to seven-tenths of an inch. Rainfall for the month is 6.35 inches, one of the wettest Mays in recent years. The scheduled baseball game tonight between the Senators and Chinese All-Stars, was postponed when it became apparent the grounds would not be in playing condition.

A slight fall was registered on the Missouri river gauge, the stage dropping from 16.23 above mean low yesterday to 16.18 today. TWO FORGERY SUSPECTS ARE RETURNED TO JAIL George W. Hill and Jack Clardy, charged with forgery, were held in the county jail in default of $3,000 bond each following arraignment before Justice Foster S. Wheatley today. Clardy is charged xvith forgery and Hill checks.

rural areas, the commission suggested that extension costs "during the development period" be omitted. "This is a practical way of requiring the company to use its necessary excess generating and distribution system capacity for developing new business," the commission chairman said in his opinion. "By the time that ex- panison is that part of the rural lines nearest the regular distribution system will have increased largely to a self-supporting status guaranteed by the larger monthly minimum charge applied to rural service." mm mm TIME FOB HPIWnPPIlED The senate unanimously voled loday lo reduce from one year to six months the time permitted for the filing of appeals in the state supreme court in felony cases. The house reduced the time to four months, but the senate adopt- Faii 0 2 ame to Change this Fan i.o Jxt M1 hs The measure now house for con- Guy B. Park recom- court 0.5 Fall 0.2 Fall 1.0 goes Fall 6.7 currence.

i with cashing forged were arrested last named at ACCIDENT GOES HOME Mrs. Madge Humphrey was brought here from Vienna yesterday suffering from injuries received in an automobile accident. She suffered cuts and bruises and an injury to her back but was not seriously injured. She returned to Vienna today. PUPILS OF MC' SCHOOL IN CARNIVAL TONIGHT The annual carnival by pupils of the ninth and tenth grade of Immaculate Conception school will be held in the school hall this evening.

It had been planned to hold the affair in the school yard but the inclement wealhcr forced the show indoors. VIENNA YOUTH LOSES FINGER IN FEED CUTTER C3 A feed cutter on his father's farm of tht others. SUPREME COURT KILLS TOO BIG STICK TO PRESIDEN HOURS, WAGES CLAUSES NULL SEARCHERS FIND OF KIDNAPED YOUTH Embroidered Cloth Discovered On Path He Often Used to Home ''fix five years as the minimum and death as the maximum penalty for this crime. It is not contemplated therefor that every person convicted kidnaping should suffer the death penalty. "I am convinced from a careful perusal of this case, and from the knowledge from the general state of public opinion at the time of the trial, that this defendant received a sentence which he would hot have received under normal conditions of a calm state of public mind.

"No death or bodily harm resulted from the crime. The victim and her father are of the opinion the punishment is excessive and have asked that it be commuted. The defendant's attorney who proffered his services to the defendant, according to the record, did not preserve the rights of the defendant at the trial and for that reason many points of error could not be considered by the supreme court on appeal. 'Justice Should be Equal' The brother of the defendant, while not a party to the actual kidnaping, yet a co-conspirator and accomplice and active in detaining the victim, has been pun- isiied by imprisonment in the (Continued on Page 2) STATE OFFICIALS LEAVE ON AERIALTOUR FHIDAY Seven airplanes carrying state oficials will leave here Friday morning for Kansas City to join the third annual air tour of the Missouri Chamber of Commerce. A flight from Kansas City will arrive here early Friday, to take Governor Guy B.

Park, Dwight H. Brown, president of the state chamber; George A. secretary of the chamber; V. H. Steward, auto commissioner; Forrest Smith, slate auditor; R.

R. Nacy, state treasurer; Lloyd W. King, superintendent of schools; V. V. Rick, highway commissioner; Earl Johnson, Cance Pool, and Attorney General Roy McKittrick.

A national guard fleet will stop here for Adjutant General'Brown. Jimmic Haizlip and R. C. Wood, Wagner, 11, of Vienna, is will pilot planes which are to stop St. Mary's hospital for treat- here and pick up S.

B. Hunter, ment after getting his hand in a penal director; Paul V. Renz, mem- POrt fn 41. 1 BELIEVE KIDNAPERS MAY HAVE HIDDEN IN TREE Publication of Ransom Note May Delay Negotiations, Officers Fear TACOMA, May 27--(AP) --Finding of a boy's pocket handkerchief, bearing the monogram in hand-embroidered blue silk thread, near a path near the Annie Wright Seminary, gave authorities a possible clue ioday to the way in which 9-year-old George Philip Weyerheauser was kidnaped Friday. The handkerchief was found by reporters and private investigators in a tramped path of grass beside the path, which the boy would have followed if he had decided to take a short-cut to his home.

Efforts wore being made to find some member of the Weyerheauser family to say positively whether the handkerchief belonged to the boy. Often Usctl I'alli Friends said the boy IreciuenUy used the path on his trips to and from school. Scars on the smooth bark and a broken branch of a madrona tree about six feet away from the handkerchief, suggested the possibility that the kidnaper had used the tree to raise himself above a tall hedge to watch for the kid. Fearful for the lire of the boy all law enforcement agencies today heeded the please of the boy's distracted family and gave the abductors every opportunity to return him unharmed. Publication today of the ransom note caused authorities investigating the case to express fear negotiations for his return would be hampered as a result.

"Jit's terrible!" commented one high police official who refused lo permit his name lo be used "it is an outrage and may prevent us from aiding the parents to get their son back safely for several days, if ever." Weyerhaeuser Kidnapers Use Pattern of Lintly Note NEW YORK, May 27--(AP)-Careful examination of the text of the ransom note in the kidnaping of 9-year-old George Weyerhaeuser indicated today that the abductors had followed the pattern of notes written by the kidnaper of the Lindbergh baby. Kidnapers in both cases warned against notifying police, claimed they could not be caught and pointed out their crimes had been mapped out carefully in advance to defy detection. Said the second Lindbergh note: "The kidnap we prepared in--, so we are prepared for anything." Said the Weyerhaeuser note: "We know what we arc doing. We have it all planned. It has been all planned for three years." The abductors in the Lindbergh case and in the Weyerhaeuser snatch both expressed a desire not to harm the victim.

The Weyerhaeuser abductors told the parents that "We don't want to hurt anv one." and in the Lindbergh case the distraught mother was told that the abductor was using the diet she prescribed for protection of baby's health. ber of the penal board; George vnc ijuaiu: vjeorse Ralph lost one finger on his right C. Johnson, state purchasing hand but the doctors are hopeful agent; R. R. Cummings, highway or I-HA ofVtAw j.

department, and M. Shirley. HYDE WILL ADDRESS REPUBLICAN PARTY CHICAGO, May 27--(AP)-The keynote address at the Springfield, 111., "grass roots" conference of midwest republicans opening two weeks from locliiy will be given, said party lenders, by Harrison E. Spangler of Cedar Rapids, Iowa, or Robert G. Simmons of Lincoln Neb.

Justus L. Johnson, chairman of the Illinois republican stale central committee, said that a program tentalively drawn up for the Abraham Lincoln rally lists additional speakers besides the keynoter as Arthur M. Hyde, former governor of Missouri and secretary of agri- cullure under Hoover and Edward A. Hayes of Decatur, former national comander of Ihe American Legion. 70 Percent Increase Hikes M.

Appropriation to $3,219,770 LINCOLN GIVEN $400,000 Fulton School for Deaf to Receive $375,000, Increase of $75,000 PAIS ELOQUENT TRITE T9 MRS. The funeral of Mrs. Orian Prosser Burch, who died Friday evening after a long illness, took place at the Presbyterian church Sunday afternoon at 3 o'clock. Rev. A.

B. Jackson paid an eloquent tribute to the exemplary life of Mrs. Burch, who had been active in church and charily work in Jefferson Cily. Burial was in Riverview cemetery. Mrs.

Burch came to Jefferson City in 1807 from Brunswick, Mo, where her father, the late Dr. L. S. Prosser, was a widely known and prominent physician. Mrs.

Burch was clerk in Perry S. Rader's office in the supreme court building until her marriage to Edson L. Burch in 1901, Depression days for the University of Missouri, (he five state teachers colleges and the othei state educational institutions are about over. The slate legislature, now about to wind up its lengthy session has approved handsome increases in appropriations for the schools. The University at Columbia foi the 1935-3G bicnniu'm has been appropriated approximately 70 percent more money out of the general revenue fund than it was given the preceding two years For the present bicnnium it was appropriated $3,219,770 or $1,384,343 more than the $1,835,427 it received two years ago.

Student Labor Both branches of the legislature approved the appropriating of student labor funds for the university and teachers colleges late Saturday. The university was given $45,000 for aiding its needy students earning their way through schools and the colleges were given $10,000 each. The house of accepted the increases the senate made in its bill for the education- a linslitulions. The Missouri School of Mines at Rolla was-- voted a $403,050 appropriation, or an increase of $27,800 over two years ago. Appropriations approved by tiie legislature for the 1935-36 bicn- nium for the stale teachers colleges, as compared with the preceding two years, follow: Springfield, $390,000, increase of Maryville, $365,000, increase of $80,700.

Cape Girardeau, $365,000. in crease of $82,820. Warrensburg, $380,000, increase of $83,927. Kirksville, $365,000, increase of $73,074. $400,000 for Lincoln The appropriations for the other institutions, as compared with two years ago, follow: Missouuri School for the Deaf Fulton, $375,000, increase of $75,000.

Missouri School for the Blind St. Louis, $139,750, increase of $14,750. Lincoln (Negro) University, Jefferson City, $400,000, increase of $114,000. The legislature accepted the senate's figures oil the appropriations for the state highway department and penal institutions, xcept for eliminating an item of $37,500 for the construction of highway division garage at Columbia. SENATE VOTES $50,000 LOAN TO LEGIONNAIRES A loan of $50,000 to Ihe Ameri can Legion for meeting vexpendi- tures at its national convention to be held in St.

Louis, September 23 to 26, was approved today by the senate. Under an amendment adoptee by the senate, the money is to be repaid into the state treasury within ten days after the conclusion of the convention. During the last five years olhei states have made similar loans leaders said, Obviously Downcast, Richberg Declines to Comment on Ruling WHITE HOUSE INDICATES NEW BILL TO BE OFFERED 'Constitution Has Been Sen. Borah Remarks Gleefully WASHINGTON, May 27 -(AP)--NKA was killed today by the auprerue court. Taking the unanimous position that congress had unconstitutionally dele a powers to the president to proclaim codes, and the fixing of wages and hours of work- by codes also was invalid, the ruling; had the effect of wiping out the 557 codes in force.

Obviously downcast, Donald Richberg--NRA counsel--conferred at once with Ihe house and ways committee, which had decided tentatively earlier to stand for a two-year extension of the agency. FDR May Try Again He then went lo the White House to consult with Ihe President but Mr. Roosevelt was engaged on other work, and they did not meet It was said at the White House that the decision would undoubt- jy be referred to Attorney General Cutnmings before definite action by Ihe aclmim'slralion. Although comment was withheld, there were indications Mr. Roosevelt stood ready to uphold NRA principles by seeking legislation to meet supreme court objections.

Some congressional leaders held that the decision had taken intra- slate commerce out of federal regulation for good, but that the code structure for interstate business might be saved by proper legislation. Chief Justice Hughes barely had finished reading the long opinion to the crowded courtroom, in the celebrated Schcchter cases, before members of congress began pressing the clerical force for copies. Borah Is Gleeful "The constiition has been reestablished," Senator Borah (R. commented gleefully. Senator King (D.

Utah) another NRA critic, smilingly added: "Thank God for the supreme court." The court ruled unconstitutional section 3 of the industrial recovery act, under which congress delegated to the president authority to make'Codes. It held this authority had not been sufficiently limited or defined. The tribunal also ruled that 'where transactions have merely an indirect effect on interstate commerce, the control rests with the states." Hughes Reads Decision Chief Justice Hughes read the decision to a closely attentive (Continued on Page 2) PREDICTS LEGISLATURE TO Rep John D. Taylor, democrat of Chariton county and chairman of the house appropriations committee, said today a move to adjourn the general assembly" today through speedy action on the few remaining bills to be acted upon had failed and that adjournment sine die probably would not come until Wednesday night. Coincidental with Taylor's announcement Senator Albert M.

Clark, democrat of Richmond, majority floor leader, said the senate would begin consideration of the remaining bills on its calendar today. These bills, as are the important ones in the house, are largely appropriation measures. The senate has passed a concurrent resolution calling for adjournment sine die at 6 p. m. tonight.

Inasmuch as the house will not adjourn at that time, the senate chamber clock will be stopped at 5:59 p. as legislation continues..