The Mason City Globe-Gazette from Mason City, Iowa on February 11, 1937 · Page 1
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The Mason City Globe-Gazette from Mason City, Iowa · Page 1

Mason City, Iowa
Issue Date:
Thursday, February 11, 1937
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DAILY PAPER EDITED FOR THE HOME "THE NEWSPAPER THAT MAKES ALL NORTH IOWANS NEIGHBORS" H O M E E D I T I O N VOL. XLIII, FIVE CENTS A COPY ASSOCIATED PRESS AND UNITED PBESS LEASED \ylHES MASON CITY, IOWA, THURSDAY, FEBRUARY 11, 1937 THIS PAPER CONSISTS OF TWO SECTIONS SECTION ONE NO. 110 AUTO STRIKE SETTLEMENT REACHED All Depends on Senate Upper Body Holds Key to ' Court Reorganization. F. R. Wants Court Program Unchanged G By CHARLES P. STEWART ASH I N O T ON, ( C P A ) -- The fate of President Roosevelt's plan to modify t h e American federal c o u r t system depends on the senate. Such is the c o n s e n s u s of Capitol H i l l ' s opinion, Betting odds favor the acceptance of the program by the r e preservatives substantially as outlined. As to the senate, unofficial polls give approximately 31 votes to the president with 23 against-him, but this leaves 42 in doubt. Of these a majority probably have not made up their own minds yet. ' So large a doubtful bloc obviously makes guessing uncertain. .'· For .practical purposes all delails of the presidential recommendation, can be disregarded except one:. · ' Power o Appoint. The suggestion that the president be empowered to appoint an additional supreme court justice up to "a total bench of 15 for each member of the existing bench of 9 past 70 years old if at that age he neither resigns nor retires. Various other, readjustments, especially as to the lower federal courts, also are argued but rela 1 lively:.ithey ; are · immaterial. The supposition is-that they- will ef- -.'. feetra'.judicaal(iftipVg venjent. ; -M ay^ freriS-:fiuVtfiaf..ia"'Jnot-.'ffie nub of the presfdential recommendation, which 'manifestly is intended to enable, the present administration to V transform the: predominantly conservative-tribunal into a predominantly liberal one. If all the remainder of the plan adopted but not that, item, then the whole thing fizzles from the new deal's standpoint. Process Too Slow. Of. · course as a supreme court justice dies occasionally the court's can be made over, but the process is too slow for the new dealers. ·They want to complete a governmental reorganization now.and the supreme court delays them. They may be out of office after 1940. Even if another new deal administration succeeds them they want the credit of having finisher] their task in their own political generation. They want to leave what diplo- 6 KILLED WHEN PLANE DIVES IN BERLIN SQUARE Crashes in Front of Circus Cage; 15 Terrified Lions Roar. BEKLIN, (/P)--A German military plane dived out of a blinding nowstorm into a busy Berlin market place Thursday, spraying lie teeming square with burning 'asoline, killing six persons and reating scenes of the · wildest ianic. It ripped through trolley wires ike a giant cleaver and struck vith .1 sickening crash directly in ronl of a movable cage coniain- ng lo lions, part of a small traveling circus,' ' The terrified roar of Ihe lions, truggling lo escape from the men- ice o r fire that bursl out through he screen · of snowflakcs before hem, rose above Ihc screams of .treetcar passengers and the cries if pedestrians. All Five of Crew. When ambulances edged their vay through the mass ot people and traffic, all five air force members in the plane were dead. The conductor of a streetcar died of burns from a live wire and another trolley worker was injured, o t h e r persons were mats call a "fait accomplished fact. accompli"--an They cannot do it with an adverse "supreme court majority overruling them. Conservative--Naturally. The supreme court naturally is conservative because the United States, has been very conservative until recently. Therefore, appoint- ments.I o the supreme bench in the main have been conservatively dictated." .. Being a fairly permanent body it has has not had time yet to reflect increasingly .liberaJ tendencies. ' If these tendencies continue, as seems likely, the court by degree= will liberalize itself by successive replacements but the new dealers are indisposed to await them. Tn the long run. the new dealers could accomplish their purpose by a constitutional amendment, bu that is too slow. To seek a shor cut-is their objective. ; " Sit Down Strike? The supreme court's weakness is that it is not a popular body. president is human. Senators and representatives a r e individual!;, chatty and agreeable. Supreme court justices arc too dignified foi popular favor.; But they can do one thing: Out of nine ;of them there a five whom the 'president wants t get rid of. as over 70. They cai declare a sit down strike and hang on indefinitely. Boy Dies of Wounds Inflicted by Friend With "Empty" Gun . D A V E N P O R T , (/P)--Porres Shaffer, Jr., 14, son of Major For rest C. Shaffer, officer in charg o£ laboratories at the Rock Islam arsenal, died in a hospital her Thursday morning o£. wounds in f tided accidentally by his chum A l l e n . F. Crump, with a revolve which he thought was empty. The boys were enacting mi ad venture story in the Shaffer horn last Sunday when the accident oc currcd. . burned. The Iri-motored Junkers plane apparentJy .was trying for an emergency^' lanc|Ing ; \in ··.,. nearby Schiller "pai-k^ separated 'frpnV-v the Berlin scene of "the crash a small cemetery, ft was be- ieved the plane, lost in the blizzard, had circled for some time Poking for a landing place. Reichsfuehrer Adolf Hitler, who ordinarily travels by air, was en- oute to his Berchtesgaden villa at .he time of the storm. However :ie was on a train Thursday. Burning Gasoline Scattered. Burning gasoline from the p l a n e sealleied over a wide area around :he wrecked plane. Several streetcars in the immediate vicinity iverc doused with the f l a m i n g liquid. The Lane fell al the busy corner of Muellerstrasse, and Zec- slrasse. It caromed off a slreet- car, severing trolley wires, which were short circuited. An aulomo- bile on Ihe street caught fire and burned. The air ministry said the plane as a military reconnaisance plane en route from Stargard. Pomerania to Jueterbog. Observers saw flames bursting from the plane when it crashed. Action on Pension Probe, Homestead Tax Postponed State Senate Told Most* "Investigations Just Waste of Time." DES MOINES, UP) -- The Iowa senate postponed action Thursday on a proposal lo investigate the operation of the state old age assistance commission and the Iowa old age pension law. The action came a f t e r Senator eorge M. Hopkins (R) of Guth- ·ic Center, remarked: "Investigations are ' u s u a l l y just a whitewash and a waste of time." Earlier this week the house passed and sent to the senate a resolution calling for the investigation. Placing suggested amendments in the hands of an advisory committee, the senate also postponed action on the controversial homestead tax relief bill which would use the bulk of three point tax receipts to replace property taxes on homesteads. House Lacks m a j o r i t y . Before adjourning again at mid- dny u n t i l Friday morning, the house defeated, by lack of a constitutional majority,-'a measure imposing the costs of house election contests on contestants if incumbents are sealed. The vote was 53 to 49, and before casting its roll call the 'house heard the charge by Rcpresenta- tive J. E. Craven (D) of Kellogg (Jasper county) that many such "contests are rackets that sliould be prevented." He sponsored the bill. Extended debate centered upoi existing house contests with -reference to -mounting costs which the- state.would be 'compelled to assume. Handed the house at adiourn- meht was a resolution by Representative B. B; Hickenlooper (R) of Cedar Hapids, and four otliei members, asking for a joint house and senate investigation of Hit. slatehouse housing situation, with the object of determining the advisability of. projecting a permanent housing program. Records in Danger. The resolution set forth t h a t with stale departments scattered in many buildings due to cramped conditions in the capilol, valuable records were being kept in "hazardous places." It cited also the p a y m e n t of ?75,000 annually by the slate in renlal for these extra quarters, and asked for an appropriation of $750 to carry out the inquiry. The senate passed eight bills, mainly recodifying measures. It received five proposals including one to submit to a general election a constitutional amendment resolution, passed at the last session, permitting nine of 12 jurors to de- ANOTHER DAY OF MILD WEATHER Forecaster Says Cloudy and Rising Temperatures on Friday. DBS MOINES, (tP)--Helalively moderate weather prevailed in Iowa Thursday, the second day in succession. And the weatherman said "from tfic way things appear! now we're anticipating another mild one Friday." He forecast partly cloudy weather Thursday night and Friday with rising temperatures. Skies were generally fair throughout the state Thursday except for partial cloudiness in Dos Moincs and Sioux City, the weatherman said. Anticipated low tempera lures Thursday night: Northwest Iowa, 25 degrees above; northeast, 20 degrees above; southern half, 30 degrees above. The Weather FORECAST IOWA: Partly cloudy Thursday night and Friday: rising temncratiires. MINNESOTA: Partly cloudy Thursday night and Friday; rising temperature. IN MASON CITY ·Weather figures for 24 hour period ending at B o'clock Thursday morning: Maximum Wednesday 21 Above Minimum in Night 4 Above At 8 A. M. Thursday 10 Above Wednesday and Thursday were its very best--bright sun and south wind. , cide 1 civil cases. Another bill received by the LOOK INSIDE FOR- Will H a r r i d g o Ford Frick Big Leagues to Spend $600,000 on Training ON PAGE 13 Progress in Kanawha Experiments Is Shown ON PAGE 3 Test Case in Hearing on Pinball Machines ON PAGE 11 bodies and institutions to use Iowa coal rather than out of state coal where it would not bring additional expense. Shaw Sponsors Bill. Senator Albert Shaw (R) ot Pocahontas, chief sponsor of '-the Homestead bill which would use the bulk o£ three point tax receipts to replace taxes on homesteads, obtained consent of the senate that floor debate on the measure be postponed, and said "we will probably be ready to take tiup next Tuesday." The action came after Senator D. W. Kimberly (R) of Davenport, told the chamber he believed the senate committee which reported the bill out for debate and recommended passage acted "hastily." "It is not my intention to throttle the bill," Kimberly said. "However, I'd like to see it in shape so tliat the cities would get a break as well as the farmers, I represent both." Need Sales Tax. Shaw explained that a m o n g other things the sponsors of the bill have considered making a provision for taking from sales tax receipts an allocation for relief. He snid they were in agreement that the provision continuing the sales tax should be kept in the bill. Gov. Nelson G. Kraschel has suggested that the senate speed action on continuance of the sales tax and an. allocation for old age pension payments so that "an additional 30,000 Iowa aged can .start receiving pensions." Before it took up the Homestead bill, the senate passed a measure providing for the establishment of a state naval militia and one making a correction in escape laws. ENEMIES CLAIM 32 "NO" VOTES SURE IN SENATE .aFoIIette Probers Dig Into General Motors' Use of Detectives. WASHINGTON, (/P) -- Reports that President Roosevelt wants congress to enact his court reorganization program unchanged spread Thursday in a d m i n i s t r a t i o n quarters. Battle lines over the court issue ;radually were becoming more clearly drawn. Opposition senators claimed they had 32 "sure" votes lined up. About 30 have come out lor reorganization. More and more senate leaders called at the white house to discuss the situation with Mr. Roosevelt. Coincident formal settle- Arrcsl 20 in Raids. SIOUX CITY,' WP--Dclct-tivns arrested approximately 20 persons in .raids on small hotels here. VALENCIA GOAL -OF REBEL;D|¥E French Threaten to Help Spanish Socialists, Accuse Italy. By THE ASSOCIATED PKESS Conquering Spanish f a s c i s t s drove eastward Thursday along the Mediterranean in what was construed as development of ; f u l l force campaign against Va lencia, temporary seat of the .socialist government. From Paris, the French, irkcc by reported llalian assistance las week-end in the fascist seizure o Malaga, took up again thei threats to intervene in the war on behalf of the Valencia government. Madrid echoed to Hie roar of artillery and the dialler ot macliin j] and rifle fire as her insurgent besiegers launched one of thi fiercest attacks of recent week against Fuencarral, a village on the capital's northern border. In surgent air squadrons bombed tin capital's outskirts. Unify Regular Army. At Barcelona, 310 miles norlh east of Madrid, the autonomou slide of Catalonia u n i f i e d its rug ular a r m y lo insure t h a t socialis stronghold against insurgent attack. Premier Leon Blum's newspaper Le Populairc declared "it llaly and the rcich do not cease their sabotage immediately and if international control is not established as an irresistable movement of democratic opinion in this country," undoubtedly France would be obliged to "resume action with regard to Spain." A genera! meeting -of the French council of ministers was called for Friday morning, presumably to deal with the situation. The French parliament may air the quarrel. 32,000 Italian Troops. There were reports that 12,0(10 Kalian Iroops landed recently at Cadiz. Viscount Cranborne, British undersecretary of slate for foreign affairs, told a house-of commons questioner "according to my information there are large numbers of llalian personnel in Spain." Portugal's refusal to' permit neutral supervision of her Spanish border to curb Spanish imports of war materials and manpower plunged London negotiations of the international neutrality committee into anoUier impasse. German and Dalian consent to inclusion of Rufsisn warships in a naval patrol to keep foreign arms and warriors out of Spain eliminated only one stumbling block from a proposed neutrality accord. Fascists Take Seaport. .Meanwhile, fascist Spaniards claimed capture, without resistance, of Motril--a seaport about f() miles east of Malaga and in line of a coastline advance towaid government-held Almeria ^nd possibly Valencia. Fascist officers predicted (lien- men would reach Almeria Friday. Almeria is 70 miles from'Motril mcnt of the General Molors strike in Delroil, the LaFollctle civil liberties committee-here dug inlo re- l.ilions belwecn the huge corporation and the labor espionage service ot Ihe Pinkerton national de- tec live .agency. ' ' Relations Were Severed. Robert Wohlforlh, secretary of Ihe committee, testified Ihc corporation and Us subsidiaries paid the detective firm $419,850 from January 1, 1934, to July 31, 1936. Pinkprlon officials have testified relations between the two · companies were severed last January ·31.,-; ,.-,.. /. - . ' ' . . .;.: . . . . . ; ·. ; ·^"Assistant Secretary of-Labor "Ed-, ward F. McGrady ;said in discussing the strike settlement that long and expensive strike disputes "can be avoided in the future if industry, labor and the government will apply themselves to a more civilized method of settling their differences." He called for use of "reason, intelligence and common sense." Secretary Wallace, urging approval of Ihe administration's request for extension of the reciprocal trade policy, told the senate finance committee that improved economic conditions and unfavorable weather had caused an increase in agricultural imports last year. He said the increase was not due to the'reciprocal trade program. Farley Sworn in AR:UH. Postmaster General James A. Farley was sworn in for his second term. Secretary Morgcnlhau told a press conference "the constant inflow of foreign capital is a source of worry to us." He announced he would meet with federal reserve and securities commission officials Monday to discuss the situation. President Roosevelt's desire to find- out whether a proposed court change fitted into his reorganization program slowed up congressional argument. Holds Up Simmers Act. Some congressmen expressed the belief Mr. Roosevelt had asked the proposal of Representative Sumners (D-Tex.) be held up because lie wanted his entire court program acted on at once. The measure would give the attorney general power to enter private suits involving a constitutional question, and to appeal an adverse decision of a federal district court directly to Ihe supreme tribunal. At present, cases ordinarily pass through Ihe circuit Evacuation of 3 Plants Considered FLINT, Mich., (/Pj--Evacuation at once of three striker occupied plants here was advanced as a possibility Thursday afternoon as an aCtcrmath of a peace treaty t e r m i n a t i n g the General Motors- strikes. Adolph Germei', organizer for Ihe committee tor industrial organization who previously had announced the evacuations would be deterred u n t i l n mass demonstration is held on Sunday, said Thursday a f t e r n o o n speedier removal of the men was under consideration. W y n d h a m Mortimer, first vice president of the United Automobile Workers, and Robert Travis, Flint organizer, were expected lo arrive from Detroit about 3 p. m. The decision would be made a f t e r that. Germer said that General Motors, p l a n n i n g to resume operations in the occupied plants on Monday, would require at leasl two days to gel them in readiness No Further Advantage. There was also a belief ir u n i o n circles t h a t , w i t h no further advantage to be gained by occupation ot the p l a n t s , the men should be permitted to return liomc us soon as possible. The men themselves, j u b i l a n over the termination of the strikes indicated they were w i l l - ing to continue their self imposet incarceration as long as thei: leaders considered it advisable. to the Chevrole were opened b; The gates plant No. 4 company guards Thursday: r rnorn ing to; permit the departure ; o any strikers who ' desired-· 'I leave. A group of strikers, galh ered on t h e roof, shouted tha "we don't want to leave." Th gates later were closed. "They'll Have Trouble." Nevertheless, one striker callc from a window that "they'll hav trouble keeping us here unti Sunday." U n i o n . o f f i c i a l s prepared li meet w i t h Hie m a n a g e m e n t o the Standard Cotton Products Co at 3 p. m., in an endeavor ti t e r m i n a t e a "stay in" s t r i k e ii progress there since the first o January. Seventy men are i: t h a t plant which supplies mate rials lo the Fisher body tlivisioi of General Molors. ENERAL MOTORS AGREES TO DEAL WITH LEWISITES Announces 5 Per Cent Hourly Wage Increase For All Employes, Expected to Aggregate About $25,000,000 Annually. AUTO -LABOR AT A G L A N C E By the Associated Tress DETROIT -- General Motors strike ends; peace pacl signed. Corporation agrees to bargain with United Automobile Workers u n i o n Feb. 16, and recognizes it as representative of all its members in General Motors employ. \V. S. K n u d s e n , General Motors vice president, however, as- seris corporation cannot enter into "any agreement depriving a n y . group of employes right to collective b a r g a i n i n g to which it is entitled." Corporation agrees for period of six months after resumption of work not to bargain with any other group without first sub- m i t t i n g issue lo Gnv. Frank Murphy of Michigan, Tor his sanction. Five cent aji hour wage increase grant announced by General Motors coincident with strike settlement, totaling $25,000,000 a year. .President Roosevelt congratulates Governor M u r p h y on settlement, U n i o n agrees to evacuate all plants now occupied by strikers and t h a t there w i l l be no other strikes pending negotiations. John L. Lewis hails agreement as "milestone" in labor's progress. W A S H I N G T O N -- W i l l i a m Green, president of the American Federation of Labor, says · Lewis "surrendered." F L I N T -- "Strike capital" j u b i l a n t at news; "sit downers" eager to leave plants. court of appeals. Another Stunners proposal, to grant retirement pay to supreme court j u s t i c e s who had served 10 years at t h e age of 70. passed the house Wednesday 315 to 75. Pope Rejoices Over Reports of Fascist Advances in Spam VATICAN CITY, (/P)--Pope Pius XI rejoiced Thursday at official news of the occupation of. Malaga by Spanish insurgents, according to a semi-official statement. The pontiff was reported to have expressed great interest in the advance of Generalissimo Francisco Franco's troops, believing this would shorten the period of bloodshed in the civil war. The holy father, feeling comparatively well and in good spirits, received Tommaso Cardinal Boggiani, chancellor of the church. and Valencia is mure t h a n 200 miles northeast of Almeria. A fascist rcpoi I declared insurgent bombers had attacked and sunk a 2,500 ton steamer in an air raid on the Almerin harbor. 4 ALIVE WHEN PLANE STRUCK Investigation Launched am Search Conducted for 7 Missing Bodies. SAN FRANCISCO, M) -- A leasl four of the I I v i c t i m s WOT alive after Ihc Los Angelcs-Sa Francisco plane crashed inlo San Francisco bay Tuesday night, b u t drowned before rescuers could arrive, an autopsy revealed Thursday. Search for the seven missing bodies was concluded while investigations were launched to determine what caused the big airliner lo crash in the bay near Milfs field. Dr. .1. N. Dallal and Coroner William Crosby agreed Ihc four victims had drowned and missing clothing of one passenger indicated he had fougiit his way from the wreckage and attcmpled to swim ashore. He was Mark Fontuna, wcallhy San Francisco food manufacturer. Definitely Was Drowned. "Fontamt d e f i n i t e l y xuas drowned,'' s;iid Dr. Dallal after an aulopsy. "lie had only .superficial facial liiccralions and Ihcsc probably were made by a grappling liook." Fontana's body, found near the wreckage, was without the coat and trousers, and a shoe was untied and the necktie askew. Coroner Crosby said he was informed the man was a good swimmer but thought he apparently became exhausted before he could make Ihe shore, some dis- stance away. Crosby and Dr. Dallal likewise agreed that Pilot A. R.- "Tommy" Thompson, veteran flyer; Co-Pilot Joe de Ccsaro and Stewardess Ruth Kimmel also drowned. Head Was Lacerated, - Thompson's head was Taceralcd, hut not injured severely enough lo have caused his dcalh, they said, Crosby said dn Ce.saro suffered a ruptured liver, but hi Jungs were filled v/ilh v/alcr. Four groups of investigators sought to learn from the lorn and Glad It's Over GOV. FRANK MURPHY SEES SURRENDER ON LEWIS' PART ureen, Head of A. F. of L., Comments on Agreement in Auto Strike. WASHINGTON, (/P) -- W i l l i a m Green, president of the A m e r i c a n Federation of Labor, characterized the G e n e r a l Motors strike settlement Thursday ns a surrender on the part of .John L. Lewis. Green expressed "regret" t h a t the U n i t e d A u t o m o b i l e Workers had failed to oblain a "closed shop" in d e p a r t m e n t s o t h e r t h a n those claimed by A. F. of L. c r a f t unions as t h e i r territory. Lewis, c h a i r m a n ot t h e coni- :nillec for i n d u s t r i a l organization, .directed the strike s l r n l e R y of the U n i t e d Automobile Workers. "If any one lesson has been taught," Green said, "it is t h a i in a fighl of this k i n d the solidarity of all labor in the U n i t e d States and Canada is needed." Green speaks for the federation's c r a f t unions which suspended the automobile workers and nine other unions in the committee for industrial organization group last September for trying to bring all the workers in each big industry into one big u n i o n , regardless of t r a d i t i o n a l A. F, of L. craft lines. D E T R O I T , (JT)--The costliest strike in American automotive history ended formally Thursday with the signing here al 10:46 a. m. (Central , Standard Time) of a peace agreement between iGenei'al Motois coipoiation and the United Automobile 'Workers ·uruon.~~7" · The signing- -Dccuried;"^ -the r stijke, estimated lojbavc cost one million dollals" 'a* day "-irr-wafies alone lo General Motors employes, entered its forty-fourth day. Shortly before the agreement was signed. General Motors announced a 5 cent hourly wage increase for all ils employes effective Feb. IS, eslimaled lo aggregate approximately $25,000,000 a year. Under the terms ot the agreement: 1.--The corporalion rccnu- iiizcs Hie union as tile cnllccliVR barfiiuninR: agency for thosr employes h c h i n y i n g to the union. 2.--The corporation and the, union aprce lo commerce collcc,- tivc harKalnlnR negotiations on · Feb. J B with rcfiards lo the issues scl f o r t h in llic letter of Jan. 4 of t h e union to the corporation. 3.--The u n i o n agrees lo end tlie present strike ami e v a c u a t e ull plants now occupied by strikers. 4.--The corporation promises to resume operations in All strike-bound or idle plants "as rapidly as possible," r 5.--All employes arc lo rti- lurn to work and wllhoiit discrimination Hg.iinsl .strikers. f i . -- T h e u n i o n agrees t h a i jiciuliiiff ncffnfinfion.s llir.rr. will he no lUlicr strikes or i n t e r f e r - ence w i t h p r o d u c t i o n . 7.--During existence of t h r Rollectlvr. b a r R a l n i n p a R r c c m c n l contemplated all opportunities lo licentiate shall he exhausted hcforc any oilier strikes or production interference is at- Icmplcrt by the union. 8.--Afler evacuation of planls the corporation agrees to dismiss the injunction proceedings started liy the corporation against the union or any members in Flint, Mich, i n a letter to Gov. Frank Murphy Thursday morning. W i l l i a m S. Knudscn, executive vice president of General Motors agreed no! to negotiate w i t h any employe representation group in 2(1 struck twisled wreckage why Ihe gianl a i r l i n e r , only seconds a w a y from its destination, plunged into the bay. Twn t h e o r i e s -- l o o s h a r p b a n k i n g of Ihc pl;mc nnd misjudging of n l t i l u d c -- w e r e advanced u n o f f i c i a l l y b y e x p e r t pilots. STOCKS ADVANCE NEW YORK, (IF)--Stocks jumped .?! lo more t h a n $3 A share in a rush of b u y i n g at the opening of the exchange Thursday, in response lo the a n n o u n c e m e n t of the General Molors slrike peace. plants other than the United Au- lomobile Workers for six months without first consulting Ihe governor. That letter said: Letter to Murphy. "We agree with you that w i t h i n a period of six months from .resumption of work we will not bargain with or enter into agreements with, any other union or representative of employes ot plants on strike in respect to such mallei's as general corporate policy as referred to in a loiter of Jan. -1, wilhoul firsl submitting to you the facts of the silualion, and gaining from you the sanction ot any such contemplated procedure as being j u s t i f i e d by law, equity, ' v

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