Wausau Daily Herald from Wausau, Wisconsin • 1

WEATHER FULL LEASED WIRE Service of the Associated Press twenty" pages WISCONSIN: Ounermlly Ulr tomht md FrktRv colder In extreme nnrthweit tonight and in east and aorta Friday. WAUSAU, WISCONSIN, THURSDAY EVENING, NOVEMBER 16, 1939 FIVE CENTS VOLUME XXXII NUMBER 297 Wausau "Daily Record-Herald Pierce Butler, U. S. Supreme Court Justice, Dies; Capital Speculates on His Successor -'7 -A: Entered Hospital Last Summer; 73-Year-Old Justice Was Considered "Conservative" by Administration; Was One of Court's Leading Dissenters "Scarface Al" Capone Released by Government Business Upturn Reported at Carpenters' Meet Building Craftsmen Hold Annual Election At Convention Here Reports Indicating a general Improvement in business conditions throughout Wisconsin were being submitted by delegates as the Wisconsin State Council of Carpenters entered the second session of its twenty-first annual convention here today. A majority of the 85 delegates, reporting on conditions in their home communities, painted a roseate picture of the present status In the building trades.

Similar reports were on the conference dockets for this afternoon. Gastrow Re-elected In session at the Labor temple, the building group yesterday afternoon re-elected F. E. Gastrow, Madison, veteran head of the council, president for the coming year. Others again named to office were J.

A. Hathaway, Milwaukee, first vice president; John B. Meyette, Superior, second vice president, and Roy E. Shaw, Madison, secretary-treasurer. The following were chosen members of the executive board: Walter Jensen, Racine, first district; William Newhouse, Janesville, second district; Louie Powell, Green Bay, third district; August Griggel, Wausau, fourth district; L.

J. Ludvigson, Eau Claire, fifth district, and Henry Kreutzfeldt, Milwaukee, sixth district. Name Wausau Man Three mcmbers-at-large who were named included Herbert Olson, Wausau, representing the box makers; Walter Doperalski, Kewaunee, furniture workers; Charles F. Zielke, Park Falls, sawmill workers; Erwin Mannchen, New London, veneer workers, and Leo KwaterskI, Green I HOTS HELD FOB AUTO THEFT AFTEK CHASE Robert Noel (left), and Kelson Fasha, two youth who es-caned from Wisconsin Rapids, Wis, officials In a struggle after which a police chief died, are shown as they were arraigned in Wisconsin Rapids. They were captured In northern Michigan.

Their preliminary hearing on an auto theft charge was set for November 22. Young Tasha is from Mosinee. Noel is from Dearborn, Mich. '4 Enters Hospital in Baltimore for Treatment And Observation Baltimore, ov. 16.

Al Capone entered I'nion Memorlnl hospital today for observation and treatment. His physician, Dr. Joseph E. MiMire, declined to discuss the case hut hospital officials said Capone was admitted under his own name. He arrived at the Institution shortly after noon, accompanied by several men understood to be relatives.

Hospital officials said they believed he had been driven here from the federal penitentiary at I-ewlsliiirir, from which he was released IIiIm morning. Assemblyman Explains Why He Switched Vote On Reorganization Bill Washington, Nov. 16 (AF) Associate Justice Fierce Butler of the supreme court died today. The 73-year-old justice a hospital for treatment; of bladder trouble last summer, and with the exception of two weeks when he was able to return to his home, ho had remained ther since. His death meant that President Roosevelt's appointees would be In the majority on the court.

Mr. Roos velt. has named four of those on th nine-man tribunal. In a formal statement, President Roosevelt expressed his regret. also sent Mrs.

Butler a personal not of condolence. "I have known Justice Butler fof a great many years," the itatement said, "and I always regarded him aa a personal friend. His undoubtedly great ability, his complete franknesa in the expression of his philosophy and his honest convictions command ed my respect, and, In common with, his many friends, I sincerely regret his untimely passing." Butler was a Democrat, but offl clals of the Roosevelt administration had termed him one of the two "conservative" members of the court, th other being Justice James Reynolds. Although Butler was the third oldest of the justices Chief Justic Charles Evans Hughes, like Me-Reynolds, Is 77he had been report, ed in robust health during the tern of court which ended last June. A leading Dissenter Dr.

Gore Found Guilty of Murder; Must Die in Chair Illinois Physician Sits Motionless as Decision Announced Benton, 111., Nov. 16 UD Dr. George W. Gore 65-year-old physician, was convicted of the murder of Carl Choisser, Benton attorney-publisher, today by a Jury which, fixed his punishment at death in the electric chair. Two women and 10 men were on the jury, which reached its verdict at 3 o'clock this morning.

Reading of the verdict awaited convening of NEW YORK "ROMEO" WINS RIGHT TO SEE HIS "JULIET" New York, Nov. 16. JP) Dashing George Lowther, III, 30-year-old broker "Romeo," has won the right to see his pretty "Juliet," or even marry her if she wants him and she says she does. Love triumphed over parental barriers yesterday in Manhattan's un- CAPON FREED Alphonse (Scar-face Al) Capone (above), big-shot gangster of prohibition days, was released by federal officials to relatives at i.ewishurg, Pa. Capone was sent to prison In 1932 for evasion of income taxes.

Capone Gang Blamed for O'Hare Slaying Chicago Police Captain Says "There's No Longer Any Doubt About It" Chicago, Nov. 16. CP) The motive behind the slaying of Edward J. O'Hare remained a mystery today but Captain Daniel Gilbert of the state's attorney's police believes "there's no longer any doubt about it being a Capone job." Captain Gilbert said he drew the: conclusion from reports made by op-j eratlvcs who have been circulating' in the underworld since the promi- nent turfman's slaying a week ago. O'Hare, president of Sportsman's park race track, was slain with shotgun blasts while speeding his automobile along Ogden avenue in a vain attempt to outdistance the killers.

Would Be Squawk "If the murder had been the work of outsiders the Capone gang would be out for revenge," said Captain Gilbert. "There would be a terrible squawk over the death of a man who was as liberal a paymaster as O'Hare." "As In all Capone killings," he added, "the big boys are all out of town (to establish alibis). There's no longer any doubt about it being a Capone job." Meanwhile, the Tribune said today O'Hare was the man who lined up the government witnesses whose testimony was a major factor in the conviction of Al Capone in 1831 on income tax charges. Put Government On Trail O'Hare, the paper said, put the government on the trail of the key witnesses in order that he might settle his own income tax troubles out of court, and so that he might keep the profitable Capone enterprises intact after the gangster went to prison. Capone learned of O'Hare'j part in the government's case only a little more than two years ago, whereupon he vowed revenge upon the turfman, the paper continued, adding: I "Investigators believe that: O'Hare's execution was ordered in 1937 but was delayed until a week ago yesterday for two reasons: (1) The gang timed It nearly to coincide with Capone's release in the hope that federal officials who knew the truth would not attempt to ren- i der more difficult his release, and (2) O'Hare was probably the gang's most capable money getter; he was allowed to produce as long as possible." I Roll Call Reports Indicate Response to Red Cross Needs Robert M.

Altman, Marathon county roll call chairman for the American Red Cross, has been in receipt of reports from the roll call committees in the Mosinee, Stratford, Athens, Hatley and Knowlton-Dancy areas and in each instance a favorable response is indicated to me annual roil call in those communities. Due to the limited nature of the reports, it is impossible at this time to forecast the eventual success of the 1929 roll call for the county, Mr. Altman stated. The amount raised a year ago from Red Cross memberships outside the Wausau Chest area exceeded $700. This ar ii.

is iu in him luia ty total to ftV least JI'STICK IHKS Pierce Holler (above), associate justice of the t'nlted States supreme court, died today. He was 13 years old. Butler was a Democrat, but officials of the Roosevelt administration considered him "conservative." YMCA Workers Report 128 Siped; Total Up fo292 Northwestern and Minnesota Take Lead In Membership Drive In a determined effort to boost membership In the YMCA well over the total established last year, campaign workers reported V1H memberships at a report luncheon at thn YVVCA this noon to bring the total for the current campaign up to 292, just fiO more than had been reported at the samo time of last year's campaign. As the second period In the football motif contest closed this noon, the Northwestern team captained by John Wiechmann scored a touchdown and took a firm hold on the lead with a total of 130 points. Wells K.

Turner's Minnesota Gophers also scored a touchdown with 107 points to capture, the runner-up position, while Chicago, captained by C. K. Swetison, relinquished the first place position Ruined In yesterday's report, dropping back into third place. Wiechmann won the prize offered for the man with the highest day's record in memberships secured and Thomas Tumer was awarded the boys' pHe. Charles L.

Manson and Harvey Scholfield Jr. were announced as winners of yesterday's daily prizes. Entertainment for the luncheon meeting this noon was provided by gymnasium class pupils of Mean Mory, YMCA athletic; director. Hoys participating in the exhibition of pyramiding and tumbling were Ku-gene Eckes, Silas SchulU, Harlan Hunger, John Morgan, Mark Splaine, Gordon Rock, Duainc and William Discher, Peter and James llickey and Andrew, Chailes, Jack, Walter and William Kruppel. Fred W.

Braun, general chairman of the campaign, introduced the five Knippel brothers as an unusual case of family interest in YMCA activity. In announcing that seven if the 10 teams had pci feet attendance at the meeting, he said that today marked the highest Jieirentage of teams with perfect attendance at a campaign meeting that, he recalled. The report luncheon at 'he YWCA tomorrow noon will conclude tic menibeiship drive, Complete results of the campaign will be tabulated and a number of ptiz.es for outstanding membership solicitation will be awarded. LATK W1HK FLASHES A TTKMI'TS St ICIDK Baton Rouge, I.a., Nov. F- Sheriff Newman H.

de Hn-ttmi announced that Dr. Smith, former Louisiana State university president, attempted to commit suicide this morning In bis jail cell li slashing his foot with a razor blade. SI NK KV AIDER Captovvn, I nion of South Africa, Nov. I (V) The sinking of the "Ofi-lon British steamer Sea In Shell by a German raider IXH miles northeast of l.mireiico was announced officially tonight. BIBLE TEXT And he that killeih any man shall surely hp put to death.

IviliciiH 21:17. -a-a- Says Other Legislators Held Whip Over Him, in Talk to County Board Anthonv Gruszka. Marathon county assemblyman, today explained why he switched his vote on the bill to reorganize the public service commission in the recent session of the state legislature. After voting twice against reorganization, Gruszka voted in favor of the measure. He recently charged a lobbyist had offered him $200 for his vote on the bill.

The explanation was given in response to a question posed by Supervisor D. J. McLennan, Wausau, when Gruszka appeared before the county board in the court house this morning. After the legislator had made several remarks before the board he was walking back to his seat when McLennan Futs Straight Question "Just a moment, Mr. Gruszka.

Can you tell us why you switched your vote on the reorganization of the public service commission, even though you turned down the bribe of $200?" "Sure, I'll be glad to tell you the answer to that one," the assemblyman declared, and then made the following explanation: "First I must tell you that there had been a measure before the legislature which would allow the Wis- WATVE MILEAGE Members of the county board thin morning adopted a motion waiving mileage for the special board meeting, which was held Monday. Vnder the law, the supervisors are entitled to mileage for both the special meeting and the regular meeting, which started Tuesday. They receive 6 cents a mile to and from the court house, and their generous gesture saves the county nearly $200. consin Valley Improvement company to reorganize its financial structure. I felt passage of this bill would be beneficial to the financial investors of Marathon county, and I worked hard to get it through.

"This bill was pending along with the reorganization measure. I voted against the reorganization bill on two occasions. Before it was brought up a third time a caucus was held to feel out the sentiment," he declared. "Heat Turned On" "When I voted against it In the caucus the 'boys turned on the They began to burn up the wires to Wausau, Mosinee, Milwaukee and New York city to arouse pressure to force me to change my mind. But I sat tight.

"Instead of bringing up the reorganization bill the day after the caucus, the 'boys' brought up the one concerning the improvement company. I could see they were 'using the whip' on me and were 'suggesting strongly' that if I didn't get in line on the reorganization plan the other bill would be killed. "Right then and there I had to make a decision, and I believed it would be better to switch my vote than to have the improvement company bill killed." Tells of Bribery Charges Explaining why he made the bribery charges, Gruszka said: "I couldn't keep my mouth closed about the bribe any longer, because that would have given the 'boys' another whip over me. I made the charges and now they haven't got any whip." (An investigation into the bribe charges was dropped t'ter a brief John Doe inquiry in ihe Madison superior court last Friday. Norris E.

Maloney, Dane county district attorney, in a statement, said Gruszka Washington, Nov. Capone, Chicago's fabulous gang overlord In the lush days of prohibition, went free today after seven years in prison -but what that freedom meant to him other than removal of the handcuffs and an end to barred cells federal prison authorities refused to disclose. The ailing "Scarface" was given his unconditional release at Lewis-burg, penitentiary In the early hours of the day, according to Director James V. Rennett of the federal prison bureau. But then be disappeared -still in company of federal officers -as effectively as if he had been put once again behind the grim walls of Aleatraz.

Give Account of Release Hours after the release was effected. Bennett gave this account: Capone, who had been held In Terminal Island prison, California, for 10 months after having been removed from Alcatraz because of ill health he was reported suffering from paresis, a brain disease arrived at Lewisburg. early today. There he was given his "unconditional" release. He was not met by relatives, although there were indications he was to be met soon afterward by his brother Ralph Capone.

He was given a suit of clothes hut not the $10 cash ordinarily handed to federal convicts upon discharge. He had been taken Into the prison through the main entrance but when he left it was, probably, by another gate -and still in the company of federal officers. Warden Henry C. Hill, Dr. George Hess, chief medical officer at Terminal Island, and another official went with him.

Not Handcuffed The former gangster, who had served time for income tax law violations, was not handcuffed. He was guarded for his own protection, although Bennett said that he had not requested the escort. Supreme Court Orders Publication Of Pension Bill State High Tribunal Issues Writ Against Zimmerman Madison. Nov. 16.

t.P) The state supreme cmiit today issued a writ of mandamus asain.it Secretary of State FT-cd ft. Zimmerman, commanding him to publish the old age pension bill which Governor Heil vetoed in part after the legislature adjourned. Decision 1'nanlrnous The court ruled in a unanimous decision that Zimmerman was purely a ministerial officer and had no authority to question the constitutionality of the bill because It was not in the form the legislature had passed it. Neither did the high court determine the question of constitutionality, asserting that matter was not now brfote it. Vetoed Tart of Hill Governor Heil vetoed those portions of the bill Increasing old age pension allotments $2,500,000 and allowing counties more administrative expense, but he left standing In the measure the following provisions: Increasing the maximum old age pension a county may pay from $30 to $10.

Increasing the slate allotment for aid to dependent children $1,050,000. nequiring county pension adniin-istiatnis to be selected on a merit basis to conform with federal regu-iat ions. Zimmerman refused to publish the bill on the contention that Heil destroyed the law. and there was none to be published. Attorney General John Martin instituted mandamus proceedings against him at the request of the governor.

Bay, representing the mill and cabinet workers. A convention high-light scheduled to be discussed by the council this afternoon or tomorrow waa the recently inaugurated system of apprentice training for the carpentry craft. Victor Brookins, Oshkosh, and Roy James, Madison, circuit carpentry Instructors for the state vocational school system, were slated to explain the new plan. According to Brookins, Ihe plan Is to divide the state into 21 districts and to organize a committee of employes and employers in each. These committees will then promote the organization of local groups in each city of the district.

Training System Both district and local committees will then cooperate in establishing an improved system of training for young men entering the trade. Aid is also being extended by the 3tate board of vocational education and the industrial commission. Several district committees have already been appointed and others are in the. process of organization, Brookins said. Members are named tc the committee by both the local (Continued on rage 2 Column 4) Russian Press Intensifies Its Attack on Finland Reminiscent of Soviet Comment Preceding Red March Into Poland Moscow, Nov.

16. The Soviet Russian press. Intensifying attacks on Finnish foreign policy, today quoted an Estonian newspaper as saying that Finland's "obduracy" was impairing her relations with the U.S.S.A. In a dispatch from Tallinn, Tass, official Russian news agency, said the Estonian newspaper Uus Eesti had criticized Finland's military preparations and urged that she "regulate relations with her great eastern neighbor as soon as possible." "Finland is hurting herself no one can deny that," the dispatch quoted the paper as saying. Taught to "Hate Russians" In another dispatch from Helsinki, capital of Finland, Tass charged that Finns were being taught to "hate Russians" with the encouragement of "the English bourgoisle." These attacks, reminiscent of Soviet newspaper comment preceding the Russian march into Poland two months ago, were Interpreted by foreign observers as part of a campaign to induce Finland to grant Russia's demands for territorial concessions.

No "Impoosihle Demands' Tass denied Russia had made any "impossible demands" during recent negotiations with Finland, which were suspended last Monday by recall of a Finnish mission from Moscow. In Helsinki, It was Indicated the talks would not be resumed unless the Russians provided a new basis for negotiations presumably modification of their demands for readjustment of frontieis near Leningrad and naval bases In northern Finland and at the mouth of the Gulf of Finland. Immediate cause of the attack apparently was the Finnish government's action in confiscating an issue of the magazine Soichtu, which has printed articles friendly to Russia. The Soviet press campaign r'so scored the United States for her "anxiety concerning romantic state supreme court, where Lowther had petitioned for a writ of habeas corpus, alleging Mr. and Mrs.

Walter R. Herrick had kept their daughter' Eileen, 20, a "prisoner" to prevent her marriage to him. Justice Isidor Wasservogcl, after questioning concerned, told the parents, "She is past the age of consent. If she wants to marry this man, she has the right to do so. She ought to listen to her parents' advice, however, but she has civil rights, too, and if she makes a mistake, it's her mistake and her life." The justice decided that Lowther must not attempt to see Eileen for the next ten days while she remains in a hospital to recuperate from a nervous condition.

After that, said the judge in dismissing Lowther's petition, the two may see each other as often as they like. Schedule Hearing On Streetcar Abandonment Public Service Commission Approval Sought for Move A state public service commission hearing will be held here November 28 on three applications of the Wisconsin Public Service corporation concerning substitution of buses for its present street railway system. Commission approval will be sought by the corporation for (1) abandonment of its present lines and service; (2) establishment of rates, and (3) discontinuance, extensions and changes in routes of operations as a common motor carrier. The hearing will be held at the city hall in the morning. Approved by Council Favorable action by the commission on the corporation's applications will remove the last barrier to re-! placement of the old street car sys-: tern, which has been a chronic cause for complaint from local citizens.

The city council, at a special meeting September 9, adopted an ordinance permitting the substitution on ac-I count of "public sentiment" and "re-j peated petitions." Loudest objection to the street cars came from motorists who claimed they blocked street traffic, particular- ly in the winter. In issuing permission to institute the bus system, the council stipulated that the 5-cent fare be retained, unless contravened later by the public service commission. Under the agreement between the city and the corporation, the former is to become the ownpr of the railway tracks, worth more than $7,500, according to estimates. Complete Bus Service The ordinance also calls for complete bus service to be put into effect "early in 1940." Although the city will take possession of the tracks, the corporation will clear away the poles and wires necessary to operation of the system. Plans are indefinite at present for removing the tracks from the streets, according to city officials.

Officials of the corporation said they were not at libeity to disclose details of the applications at present. Butler, who was the only CatholW on the court, ranked next to Mc-Reynolds as the tribunal leading dissenter. Surviving are Mn. Butler and th following, children: Pierce Butler. William Butler, Francis Butler, all of St.

Paul; Leo Butler, and Mis Margaret Butler, Washington, and Mrs. Edward K. Dunn, Baltimore. Born in a Minnesota log cabin, Butler practiced law at St. Paul until appointed to the court In 1922 by President Harding, a Republican.

Because he had been attorney for several railroads and many corporations, several midwestern progressives fought his confirmation by th senate. They contended he would bm a reactionary. Physically he was a large mait with piercing blue eyes, a round fac and curling hair. Butler had not participated In recent decisions of the court, I'liR Has Named Four 1 Mr. Roosevelt already has appoint rd Justices Hugo L.

Black, Stanley Heed, Felix Frankfurter and William O. Douglas. They succeeded Willis van Devan-fer, Ceurge Sutherland, Benjamin N. Cardozn and Ixiuis D. Brandets.

Justice Cardozo died; the others retired. Van Devanter, whose retirement June 2, 1937, created the first court vacancy for Mr. Roosevelt to fill, left the bench in the midst of tha congressional battle over the president's judicial reorganization plan. This whs widely regarded as contributing to the defeat of the legislation, which would have added a new supreme court justice for each on8 over 70 who did nut retire. nice Trembles As the supreme court assembled at noon, Hughes, his voice trembling with emotion, announced Butler death.

4 "Jl is my sad duty," he said, "to announce the passing, early this morning, of our brother, Mr. Justice Pierce Butler. After a long and distinguished career at the Minnesota bar, he was appointed associate jus-tire of this court and took his seat in January, 192-1. Trained in the exacting school of a most active iji act ice. Pierce Butler hi ought, to this court not only his learning in the law but.

a rich store) of practical experience. His fidelity his courage and forthrightness, which were his outstanding characteristics, made him a doughty warrior for his convictions, and he served the coiut with gitat ability and indefatigable industry, and an unwavering loyalty to its traditions and to his lofty conception of its in our constitutional hriitage. Court To Attend funeral "The funeral services in Wash ington will he held tomorrow morn-ing at 11 o'clock at St, Matthew'a cathedral and the court will attend. A committee cf the court composed of Mr. Justice McReynolds, Mr.

Justice Stone and Mr. Justice Roberts will attend the services to be held in St. Paul. a further token of our respect for ihe memory of our brother, the. con; immediately upon the conclusion of the hearing in the case nnw ou Aliment, tn which counsel for the Pacific coast are engaged, will adjourn until Wednesday, November next, at noon." SPECULATE ON NEW JUSTICE Washington, Nov.

15 A list names which might, A court at 9 o'clock. Sits Emotionless Dr. Gore sat emotionless, alongside his attorneys, as the jury's decision was announced. Counsel for the physician had not denied that he shot and killed Choisser last September 25 but had attempted to show that he was "emotionally insane" at the time. Choisser, nephew of Dr.

Gore's first wife, was the attorney for his son, George W. Gore who had been charged with murder in the death of his stepmother, Mrs. Nancy Gore. The son was acquitted October 19 of the charge in the same courtroom where his father was tried and convicted. The charges against young Gore were at the bottom differences between the father and Choisser, leading finally to the shooting of the lawyer in an alley off the public square.

Choisser also was publisher of the Benton Evening News. Son is Present The son, standing in the back of the packed courtroom, and Choisser's father, Ewing Choisser, and his brother, Steve Choisser, were present when City Judge Paul Jones received the verdict in the absence of Trial Judge Blaine Huffman. There was no display of any kind by the spectators. Dr. Gore, who was asked to stand while the verdict was read, wag led "back to jail after the jury had been polled.

Court attaches said they believed it was the first death verdict by a mixed jury in Illinois. Women were admitted to jury service only recently by a new state law. Returning from the county jail, where he had taken Dr. Gore, Deputy Sheriff William Baker said the aged man was shocked and apparently near collapse. He quoted Dr.

Gore as saying. "How much more can a man stand?" IN THIS ISSUE Welfare Department Reports Page 2 World Gets Chance to Study What Lies Behind War Page 4 Senator Donahey Urged to Seek Ohio Governorship Page 7 Poison Gas Warfare New Weapon Page 8 Automobile Financing Methods Attacked Tagc 8 Ex-Convict Wounds Illinois Policeman Page 11 Heil Presides at Hearing For State Official Page 13 Man Sought for Slaying Near Antigo Captured Page 13 State Jobs to be Cut, But Number Not Known Page 15 State Rests Case in Trial of Kuhn Page 15 Jurv Deliberates Verdict in GM Trial Page 19 on page 2, column 1)..