The Lincoln Star from Lincoln, Nebraska • 1

THE WEATHER Nebraska: Partly cloudy and threatening at times tonight and Sunday; cooler northwest and extreme west portion Sunday. Lincoln: Partly cloudy and threatening at times tonight and Sunday; little change in temperature. THE PAR HOME EDITION Telephone 2-1234 Police Number 2-6844 THIRTY-SEVENTH YEAR LINCOLN, SATURDAY, AUGUST 5, 1939 FIVE CENTS Deficiency Appropriation Bill Compromised MM LINCOLN mm Oi iO Dakota City Man MOTHER, TWO SONS PLUNGE TO DEATH JAPAN SEEKS HIGH COURT IS ASKED TO VOID CAR DEALER ACT -DRIVE-YANKS Conferees Agree TFRWeMmnTOT Crop Loans Fund Security Law Changes-Get Final Approval Senate Puts Its O. K. On Measure To Liberalize Benefits and Lighten Tax Schedule Some Honeymoon! Ilr lis I Conference Group Mm I if hK MAV Moral ol this apparently lit "Ntrtr tako a Ball honeymoon." Mrs.

Ertlya Dtl Barrio Fonda is bock in Now York under her maiden name JoUowina a honey moon in the South Sea Islands. She left her husband in Bali, and she (hints he is sliii (here "looking at (hose Baliinese women." The husband. Harry Fonda, is a cousin ol (he movie player Henry Fonda. The ill-idled honeymoon began an. I.

New $30 A Month Pension For All Over 55 Sought Start Petitions Monday For State Amendment; Provides Blind Aid Initiative petitions proposing a state constitutional amendment to be known as the old age and blind pension amendment, will be circulated over the state Monday by workers for the "Security at Age 55 Plan, it was announced here Saturday. It- seeks $30 a month for all over 55, and all blind persons over 16. Lloyd E. Chapman, Lincoln attorney, counsel for the group, said that the petitions will be carried to voters in every county in the state, although signatures representing but 10 per cent of the votes cast for governor in 1938, from only 40 per cent of the counties are needed. The proposal will be placed on the ballot at the general election Nov.

4, 1940, if sufficient signatures are obtained, Chapman said, stating that no difficulty is anticipated in that line, as in many communities the Townsend club members are supporting the idea. Thomas E. Bradstreet of Grand Island is president of the national organization, which is ex- (Continued on Pag Six) Dies In Illinois Airplane Crash1, Close Friend Of Kenneth Schmidt Oi Lincoln Visited Here Often URBANA, 111., Aug. 5 (AP) An airplane crashed on a farm a mile from the Urbana airport I Friday night, killing Leonard Field, 24, of Dakota City, and injuring fatally Harry R. Ely of Fort Collins, an aviation student.

Ely died Saturday of injuries suffered when the cub type, 40- horsepower engine ship sudden ly plummeted to the ground. Witnesses said the motor of the plane stalled at a height of about 500 feet. Field, who had been an instructor at the Urbana airport for the past three months, was dead when witnesses reached the scene. Mr. Field left Lincoln a few weeks ago with Kenneth Schmidt, son of Mr.

and Mrs. Henry Schmidt of 2435 South Eleventh street. He and Schmidt both planned to join the army air corps and while they were accepted some time -ha to elapse before there were vacancies. Consequently they got work at the Urbana field. Field and Schmidt learned to fly together in Los Angeles.

Field had often stayed at the Schmidt home. BOY WITH ANTHRAX HAS LEG AMPUTATED (Sptclil to The Star.) KEARNEY, Aug. 5 Harold L. Jones, 4, of Gibbon, who contracted anthrax, rarely contagious to humans, while playing in a sheep yard, had to have his right leg amputated just below the knee Friday night. Hospital attendants say anthrax is usually fatal to humans, that the amputation was a "last chance" measure to save the lad's life.

Roosevelt Vetoes Bill Extending Bank Policy Would Have Lengthened Time For Ending Interlocking Directorates WASHINGTON, Aug. 5f-(AP) President Roosevelt vetoed today a senate bill which would have granted another four year extension of the time in which banks must terminate interlocking directorates. A provision abolishing such directorates was written into the banking act of 1935. Its application once was postponed and the senate bill would have given the banks until 1943 to carry out the law. "If it was in the public interest in 1935 for the congress to decido to terminate these relationships," the president told the senate, in a veto message, "it is in the public interest to terminate them now." He said affected banks and directorates have had over four years to make adjustments and that would seem to be a liberal time.

"If the congress," he added, "wishes to reverse itself and allow interlocking directorships in the future, it can, of course, do so. But I do not think that the congress should nullify its policy, declared in 1935, by extending interlocking directorships for another four years on top of the four years' extension which has already been Two Lyons Men Crash Victims Auto Collides With Gravel Truck Northeast Of Oakland OAKLAND, Aug. 5 (AP) Arthur Frey and John Bacon, both of Lyons, died instantly today In a collision between their automobile and a gravel truck at an intersection five miles northeast of here. Highway patrolmen said the truck was driven by Louis Peterson of Wert Point Wasp Stings Fatal OMAHA, Aug. 5 (AP) Mrs.

Opal E. Paulsen, 55, died today shortly after she Was stung by several wasps. Soon after the Insects attacked she complained of extreme pain and died before a doctor arrived. OUT OFCHINA British French Military Mission Leaves To Talk With Russia; Americans To Leave Kaifeng (By the Auociited Prss A British-French military mission left for Moscow today as Japanese expressed "extreme irritation" over Prime Minister Chamberlain's declaration that a British fleet might steam to the Orient "in certain circumstances." "Britain is playing a dangerous game," said a Tokyo war office spokesman who interpreted Chamberlain's words in the house of commons yesterday as "a shrewd remark designed to intimidate Japan." The British-French" military mission is to open staff talks with soviet military leaders considering the practical means of collaboration among the three powers in case of a European war. Yankees to Leave Kaifeng-.

Definition of the term 'indirect aggression" is the main snag which has held up Moscow conversations over a British-French-soviet mutual defense pact. Reports from China, meanwhile, indicated that Japan's foreign campaign was taking on a definite anti-American tinge. United States citizens were said to be preparing to flee Kaifeng, in Ho-nan province, because of such developments but precise details were lacking because of broken communications lines. A protest against anti-Americanism in Kaifeng has been lodged with Japanese authorities in Hankow by United States Consul-General Clarence J. Spiker.

Hostilities Increase. From Yochow, Tsingtao and other cities in Japanese-controlled territory came reports of increasing Japanese hostility toward Americans while anti-British manifestations continued unabated. The Japanese-controlled press in Tientsin quoted Japanese army officers as threatening to "exterminate" British interests in China. A fourth moonlight raid on China's temporary capital, Chungking, caused heavy damage to the Belgian embassy. Reports to Hongkong said Japanese air raiders attacked nine cities in southern China yesterday.

Reporter Sues Senator Guffey For $100,000 WASHINGTON, Aug. 5 (AP) Marquis W. Childs, Washington correspondent for the St. Louis Post-Dispatch, brought $100,000 damage suit in federal District court today against Senator Guffey (D-Pa.) He charged Guffey with slander on two counts and asked damages of $50,000 for each. Childs stated in his complaint that he had written a Post-Dispatch story, published June 15, linking Guffey with a "free-lance oil operator," seeking to effect "deals" involving disposal of Mexican oil drawn from American properties expropriated by the Mexican government.

He charged that on July 28 Guffey said in the presence of others that "I know that he got paid for that" and again the following day said "he was paid for writing that article." In asking damages, Childs told the court the two statements were "false, scandalous, defamatory, malicious slander." 10,000 Witness City Playground Circus Friday With Morris Burback, professional slack wire artist and a graduate of the city's playgrounds the feature attraction, the all-city playgrounds circus at Muny field Friday night drew an even larger crowd than the opening night. Recreation department officials estimated the attendance in excess of 10,000. was only four years ago that Burback was doing his stunts as a playgrounds youngster. Jimmy the Chimp, not to be outdone, also gave a slack wire performance Friday night, appearing to greater advantage than Thursday night when became nervous under the flashing of photographers' lights. All other acts also showed Improvement over the previous night, James C.

Lewis, recreation director said. Brief Contends "Auto NRA" Creates Form Of Monopoly In written arguments submitted Saturday, attorneys for Andrew C. Nelsen, Omaha auttomobile dealer, urged the Supreme court to declare the 1937 auto dealers "Little NRA" unconstitutional on the principal grounds that it creates an unjustifiable monopoly. The arguments were placed before the court in suport of Nelson's petition, now pending, in which he asks the court to make a declaratory ruling on the validity of the law. Passed by the 1937 legislature the act provides for licensing new and used car dealers, automobile salesmen and set up trading rules under administrat-tion of the state engineer.

At the last session of the legislature an attempt to amend the law backfired into a general repeal, move which nearly swept away the original act and strangled the attempt at amendment. Summarizing their arguments to the court, Nelsen's attorneys declared: "We submit that this act creates a monopoly by giving to the manufacturer or distributor only the right to enfranchise new automobile dealers; that it gives arbitrary and dictatorial power to the administrator (state engineer) to promotes the interest of the dealers to the detriment of the public; it undertakes to regulate a common article of comerce not effected with a public use and gives the administrator the right to determine values of automobiles, especially second-hand automobiles. "The act of the legislature, not mifir'ti JWJ1UVU I they continued. under the exercise of the police power because the act does not undertake to promote the safety, morals or health of the public. Its provisions are so indefinite that a citizen coming under its operation cannot determine what its terms mean." Want To Set Own Prices.

They argued that the law gives the administrator both legislative and judicial powers and that it restrains dealers from selling their property at prices he chooses. "The attempt of the legislature, (Continued on Pooe Six) Youth Kills Companion While Playing With Gun KANSAS CITY, Aug. 5 (AP) Misplaced confidence in a safety catch brought death to John Van-dersloot, 16-year-old high school senior fatally wounded by a rifle in the hands of a close friend. Vandersloot took the rifle from his father's gun cabinet and was examining it with John Irland Wood, 15. "It won't go off," he assured.

"The safety catch is on." He pressed the trigger. There was only a click. "Now you try it," Wood said Vandersloot urged him. "Point it at me." Wood was reluctant but said he finally did as directed and pulled the trigger. The eun discharged and Vandersloot fell.

Grieves At Loss: ally. "Her troubles are over. Last night I was thinking about her and I thought, gee, I can't ever hate the baby like I hate some of those others. She was always a good girl. "I'm glad I made my peace with her in my own mind before she went.

She was just a sweet kid. She didn't mean to hurt me." Because he can't raise $15,000 bail, Snyder will not attend his daughter's funeral. At present, he is appealing his conviction, and is being held in the county jail until it is ruled upon. Shooting Is Blamed. LONDON, Aug.

5 (INS) The tragic eventswhich sent her father to prison in a shooting affair were a contributing cause in the death of Miss Edith Snyder of Chicago, her stepmother, Ruth Etting Alderman said today. "Edith had a weak heart since she was 16, as the result of rheumatic fever," Miss Etting, noted singer, said. "She couldn't get over the tragedy," Miss Etting continued. "She was one of the nicest girls I ever met in my life. She was always a little lady, and I feel just as if I had lost my own daughter.

I THE WEATHER LINCOLN. Aug. Forecast (or 10- night and Sunday: Lincoln and Vicinity: Partly cloudr and threatening at times tonight and Sunr'ay; not much change in tempera-lure. Nebraska: Partly cloudj and threatening at times tonight and Sunday; cooler northwest and extreme we Sunday. Kansas: Partly cloudy and threatening at limes tonight and Sunday; si ght-ly warmer in extreme east pottion tonight.

7 he temperature lor past 34 hours: 3 p. 93 i 3 a. 4 p. S3 4 a. 5 p.

92 5 a. 6 p. 90 I a 7 p. 85 .79 i i .75 .77 i 7 8 p. m.

9p.m.. 10 p. 8 a. a. 10 a.

11 a. 13 noon 11 p. m. 11 midnight 69 I a. 71 3 a.

71 1 p. 91 I 3 p. Wind velocity-t p. at. -today, miles per hour.

Weather throughout the state at 7 a. partly cloudy west, ciouav east. Highest temperature a year ago today 103; lowest, 78. Dry Wet Rel. Bulb Bulb Hum 8 30 a.

73 4 81 13:30 90 70 38 Sun and Moon. Sun rises. 5 27 a. sets 7:39 p. m-Moon rises, 10:06 p.

sets. 10.34 a. Columbus Utility District Held To Be Feasible Clears Way For Purchase Of Northwestern Co. In $1,259,000 Deal With the approval Saturday by State Engineer A. C.

Tilley of the formation of the Consumers Public Power district the way was clear for completion of the proposed purchase by the new district of Northwestern Public Service company properties in Columbus and adjacent territory. Tilley's approval of the district was limited to the feasibility and public interest of the venture but he explained his department's investigation revealed the Consumers Public Power district intends to take over certain Nebraska m-oDerties of the private utility in a tentative $1,259,000 lease-pur chase agreement. Pronerties of the comcany which would be assumed by the district include the distribution system and steam plant at Coiumous, Distribution systems at Platte Center, Monroe, Silver Creek and Tarnov, eight substations and franchises. Much Same As Loup. As nresented to the department, the new district, which covers the same territory and has much the same directorate as the Loup river nnhlic nower district, would pay for the properties with earnings from the sale of power wnnin tne district.

From reports submitted by auditors, including a Chicago accounting firm, the indebtedness rnnlrl he retired in such a manner, the state engineer said. The Chi- (Conflnued on Page Six) Dance Victim Dies SPOKANE, Aug. 5 (AP) Sally Lacy, 13, whose filmy dance costume caught fire at a pageant, died today. Patricia Sells, 15, and Addie Felker, 15, two of the four others burned in the show's tragic climax Thursday night, were reported in grave condition. Rushville Postmaster WASHINGTON, Aug.

5 (AP) President Roosevelt nominated Halford J. Mayes today as postmaster at Neb. Rosita Royce Is In Hospital; 14 Doves Also Incapacitated NEW YORK, Aug. 5 (AP) Rosita Royce, dove-dancer at the New York, world's fair, was in a today'SMind 14 of her 21 doves were under care of a veterinary. Dr.

Arnold Gottesman, the 23-year-old dancer's physician said she was suffering a serious nervous condition after working 10 performances a day since the exposition's opening. The doves were being taken care of in her apartment. Seven were said to be suffering a heart ailment and the others incapacitated by swollen Joints. Sets Stage For A Speedy Windup Of Lengthy Session WASHINGTON, Aug. 5 (AP) The way was cleared for prompt adjournment of congress today when a joint senate-house committee agreed this afternoon on terms of a 8185,000,000 appropriations bill, the session's last major measure.

Conferees agreed to retention in the measure of $119,599,918 for be used to bolster farm prices. Secretary Wallace and President Roosevelt both had said this appropriation a necessary to maintain the administration's farm-price program. Rep. Taber (R-N. said he and Rep.

Ditter (R-Pa.) refused to sign the conference report. Senate Adds New Items. As originally passed by the house the deficiency measure totaled only $54,000,000. The senate inserted so many new items, including the commodity credit fund, that the total of the bill went up to $189,000,000. The task before the conference committee was to work out a compromise of the senate and house versions which would be acceptable to hnth hrnnrhP-S In order to do this, the committee trimmed about $4,000,000 out of the senate bill.

The compromise bill went first to the house where leaders expressed belief that, despite inclusion of many items opposed by the economy bloc, it would be accepted without extraordinary protest. From the house the bill goes to the senate and once it has the approval of that body congress can adjourn. Changes by Conferees. The conferees slashed to $1,200,000 a proposed $2,000,000 appropriation for administrative expenses of the wage hour administration. They also agreed to make $4,000,000 available for civilian pilot training, contrasted with the $3,000,000 voted by the house and the $5,675,000 figure approved by the senate.

These and other reductions accounted for the cut of approximately $4,000,000 in the amount of the senate bill. Chairman Woodrum of house conferees predicted the bill would be passed with a minimum of debate. He said the house fCorifinued on Pag Six) JAIL BREAK IS THWARTED The rude beginnings of a plan to break out of the city jail were uncovered by police Saturday during a routine "shake down" of cells. In one officers found a nearly completed key to a cell fashioned from a spoon handle. Police said it must have taken Frank Kish, a federal prisoner in the cell, about a month to fashion the gadget.

He was using a finger nail file. Kish also had in his possession a bundle of newspapers tightly rolled up which police figured he would use as a club to overpower officers once he got outside the cell. Kish was picked up in the Rock Island yards for carrying a .45 calibre pistol. He was taken to Omaha Saturday by Joe O'Grady, Deputy U. S.

marshal for safekeeping until trial. Woodpecker Does Damage At Ravenna (Special to The Star.) RAVENNA, Aug. 5 While the Henry Huber family was away for a week's vacation a large redheaded wodpecker gained entrance to the houne through a chimney, but was unable to escape, It pounded holes through two window casings, drilled holes in the piano, marred other pieces of furniture and did much damage throughout the house. It was famished and almost dead for want of food and water when ths family returned. WASHINGTON, Aug.

5 (AP) A bill to liberalize benefits and lighten the tax schedule of the social security program was finally approved by congress today. The vote was 58 to 4 with Sen ators Connally (D-Tex), Ellender (D-La), Pepper (D-Fla) and Rus sell (D-Ga) voting against ap proval. The measure, a compromise ol original house and senate bills went through the senate in the closing hours after comparatively brief discussion. It had been gaveled through the house yesterday by Speaker Bankhead. Senate approval sent it to the white house for President" Roosevelt's signature.

Long deadlocked, the legislation came out of a senate-house conference committe yesterday minus the most controversial provision the Connally amendment increasing federal grants for the needy aged. Its elimination restored a house provision for the federal government to match state contributions for the needy aged, dollar-for-dollar, up to a total of $40 a month. At present there is a $30 a month limit. Senator Connally (D-Tex) wanted the federal government to pay $2 for each $1 provided by the states, up to a $15 limit, and match funds evenly from there to- $40. The compromise bill would "freeze" old age insurance taxes at the present rate of 1 per cent each on the employer and employe for the next three years.

The rate was scheduled under existing law to rise to 1 and a half per cent next January. Three-year savings to workers and employers under the new provision were estimated at $825,000,000. Another provision would limit the employer's tax liability for unemployment compensation to the first $3,000 which he pays (Continued on Pago Six) PIERCE MAN BADLY INJURED IN FALL PIERCE, Aug. 5 (AP) George Retzlaff, Pierce laborer, was seriously injured early Saturday afternoon when knocked to the ground from the peak of a barn being moved after he had come in contact with a high ten sion line carrying 2,300 volts. He was taken to a Norfolk hospital suffering from a possible skull fracture, burns about his head and arms and facial injuries.

Eye-witnesses said Retzlaff ap parently took hold of the high tension wires so they would clear the barn. Hs is the father of six sons and daughters, the eldest being Ervin Retzlaff who recently was seriously hurt when struck in the head by a pitched ball while playing on the Sioux City Western league club at Sioux Falls. TELEPHONE REQUEST IS GIVEN APPROVAL Congressional approval of a bill exempting small telephone ex changes from provisions of the wages and hours bill has been made and is now in the hands of President Roosevelt awaiting his signature, John H. Agee of the Lincoln Telephone company was informed Saturday. The bill exempts all exchanges with less than 500 stations.

Mr. Agee was chairman of a special committee of the national telephone association which has sought during the past six months to secure exemption for the small concerns on the grounds it would drive them out of business. Agee said the new law "would exempt about 90 per cent of the independent telephone companies in the country. WEEKLY FORECAST CHICAGO, Aug. 3 The weather outlook for the week beginning Monday: Lower Missouri Valley: Scattered thundershowers and cooler Monday, and again the last of the week; generally fair with temperatures near or somewhat above normal the middle of the week.

Northern and Central Great Plains: Generally fair with temperatures near or somewhat above normal, except scattered thundershowers and cooler south portion first of week and again last of week. a traaedy attributed br a coroner's jury lo nasi persecution. Mrs. JTarel Lancer 43, and her (wo young sons members oi a wealthy Csechoslorakian family whose orfune disappeared in German absorption ol their homeland plunaed lo death from the thirteenth Hoot of a Chicago hotel. Senate Action MayRenewWPA Layoff In State 6,572 Kept On Rolls By "Stop" Order Affected By Decision Failure of the U.

S. senate to attach a urlough-repeal rider- to Kill onnarAntlv means that 6,572 Nebraskans who have the WPA rolls for 18-months or longer will be given a compulsory month's layoff. Only some action in the dying hours of congress Saturday can halt the layoff. This is unlikely. Moreover, since the state WPA quota has been reduced to there is little prospect that these 6,572 can get back on.

All of them must be recertified and persons who have been waiting three months or longer to get on WPA will be hired before those laid-off can be reassigned. Some Already Off. Originally there were 8,936 scheduled to be laid-off the WPA in Nebraska under the 18-months proviso. The layoff process was begun and 2,364 had been laid off when the senate attached a rider to the lending bill which repealed the furlough order. On the strength of that the national WPA office sent each state administrator an order to cease laying off workers pending house action on the bill.

The house then killed the lending bill. The last hope was to attach a rider to the appropriations bill. When this was attempted late Friday the rider failed to get the necessary two-thirds vote to carry. State WPA offices have not yet received an order from Washington which asks that the layoff be resumed. In view of the senate's action, however, it appears that the order will have to be renewed.

Tunnel Boulder Kills Four Men SOMERSET. Aug. 5 (AP) A 20-ton boulder ripped loose from the ceiling of a highway tunnel project at Laurel hill near here today and killed four men, three instantly. Crushed as the great stone smashed the portable scaffolding on which they were working were Walter B. Dailey, 28, of Langloth, Ola Kenneth Schooling, 25, and Leonard An derson, about 26, both of near this western Pennsylvania mountain town.

Workmen attempting to remove their bodies said there was "no chance the- three escaped death. William Leach, 33, of nearby Boswell nearly escaped the fate or his lenow workers but was trapped when one arm was caught under the massive stone. He lay there for more than pn hour until a physician from Somerset arrived to amputate the arm. He died enroute to a hos pital. Labor Federation Membership 'Gains WASHINGTON, Aug.

5 (AP) The American Federation of Labor reported today it had paid up memberships as of Aug. 1. Frank Morrison, secretary-treasurer, said this was an increase of 1,462,929 since September, 1938. In Moe Snyder Weeps Bitterly At Death Of "Poor Little Miss Etting LOS ANGELES, Aug. 5 (INS) Moe Snyder, a lame, bitter little man, who in his palmier days along Broadway and along State steet was known affectionately as The Gimp, sat in his cell in the county jail today and wept unashamedly over the death in Chicago of his daughter his baby Edith.

Edith Snyder, 21, was present in the home of Myrl Alderman-last October in Hollywood, when Snyder shot and seriously wounded Alderman during a row over the affections of Ruth Etting, Snyder's former wife and now the wife of Alderman, The Alderman are In London. She testified at Snyder's trial (in which he was convicted and now faces a 20-year term in prison) that she grabbed a gun and shot at her father. "Poor Baby." But Snyder didn't think of this today. He only whispered over and over: "Poor baby, poor baby." He called Edith "Baby" just as he called Miss Etting "The Little Lady." He never, he said, had felt any malice toward her because she turned on him at his trial. "Poor kid," he said philosophic.