The Mason City Globe-Gazette from Mason City, Iowa on April 24, 1936 · Page 2
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April 24, 1936

The Mason City Globe-Gazette from Mason City, Iowa · Page 2

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Mason City, Iowa
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Friday, April 24, 1936
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Page 2
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TWO MASON CITY GLOBE-GAZETTE, APRIL 24 · 1936 as to show my attitude In the matter.' "The enormity of the crime here Involved-is not overlooked. It was a heinous offense. ' "My decision must stand upon the one proposition as to whether or not the defendant received the fair and full hearing guaranteed by "our laws to one whose life is at stake. Supreme Court Divided. "The record of the supreme court discloses that the court was divided in its opinion on this question and that two of he judges joined in a dissenting opinion, wherein it was stated: " The crime charged was committed Oct. 5, 193i. The indictment ·was returned Oct. 18, 1934. On Oct. 22, 1934, there transpired, during tut one session of the court, the following events: " The defendant was brought before tB6 court; being- without counsel, an attorney was appointed to represent hira: thereupon the defendant was arraignd; his pica of guil- tv was entered, and immediately the examination of witnesses was begun to determine the degree of the offense and to fix the penalty. These proceedings were all cojjci'-iti- ed on the same day x x x x SOIL MEETINGS WILL BE HELD To Explain County Quotas; Charles City Will Be One of Sites. DES MOINES, IS)--Chairman R. M. Evans of the Iowa Soil Conservation committee said F,riday officials will hold meetings probably next week to explain county quotas under the soil conservation program. As tentatively mapped out, the meetings will be held in five districts with central locations at Iowa City, Newton. Atlantic, Storm Lake and Charles City. Chairmen of the county soil conservation committees, some members of the committees, statistical tabulators, members of the state committee and sate statisticians probably will attend the meetings Evans said. Headed by Carl. The state statistical force headed M. Carl, federal agricul- is work- and summar thems being worked out a ratio of the number of acres !: va CTOO Isad a county to the number to. otherwise, any- facts, . But the records shi?v/- cha!; ceedings deprived; i-jSrSnviaa this right sad, !» opcocttttSy.. Neither the appototeui WHKW!;. ace .^the court, could, say wim. as CJjoo ·ough investigation; of facts .reveal. Nor were, tiiej:- in proceeding on. the assumption-that there were no, extsnu.a'.iirtg facts. Contains Ao Ftoot. " 'In its essentials representation by counsel was not accorded. derSo^ - dant, because there was DO possiftii- ity for counsel to function in, the ·very vital and essential tiling for .which the appointment was made;. The defense by counsel was only pro forma, merely colorable. The ; result is reflected in the statement in the majority opinion to the effect that the record contains no proof of any facts or justification, or mitigation.' "The factors here involved appeal to me as those which must have teen in the minds of the writers of the constitution of this state when they conferred upon the governor the power to grant commutation of sentence. "In view, therefore, of the fact that the supreme court was divided la its opinion as to whether or not Arch Breeding received a fair and full hearing, coupled with the application -and recommendation .rf the^menibers of the bar of, Mont r gomery^county, t and other circum- -'--'--yffiat' are now before ·jiS-/! included., that it is my^duty do, hereby commute the sentence 'of death'-' to' a sentence: of imprisonment for life " Conforms to Precedent. Governor. Herring followed the practice of former Iowa governors in granting commutation in cases ·where the supreme court was divided in upholding death sentences, B. W.. Garrett, supreme court clerk said. "I cannot recall a case where this practice has not Been followed,' Garrett declared. Asked whether he had consid P«P?« ol f farmer Se« Little Trouble, ciairajaa said he anticipated I iittte. tscabie with county quotas this year, pointing out that under ji£ eons-hog; program most of dSaSeutty over county quotas ; ftocs tits quotas on hogs .tisgjr titac corn land Under- H*. oKE program two "protest" meetings wwe held in Des ilolaes; against, among other things. Jleci inequities in county-quo- aai the AAA sent a special .avestigator from Ohio to check up ott Iowa's co-n-hog quotas when crctests arose that thev were too Band Stand Collapses. CLAKKSVILLE---The brick band stand on the school campus, which was built in 1927, collapsed Wednesday evening and will have to be re- uilL The floor caved in, pushing the side structure out. ered staying execution of Breeding (ending his decision as to commu- ation, the governor said he had not. "Breeding was entitled to a definite^ decision immediately ^without suspense, 1 ' he .saici..' _ .,-«, WARDEN" SAYS 'ITS LOAD JSROM msr.SHOTJlDEKS FORT MADISON, ta)--Col. Glenn Haynes, warden of "Fort Madison penitentiary,, received the report that. Arch Breeding's death sentence had been commuted with the remark that it is "a load off my shoulders." Warden Haynes then started up to Breeding's cell in death row to advise the former Red Oak marshal of his escape from the gallows which were to be erected Saturday in the prison yard. Three men have been hanged here since Haynes became warden. Moscow Today--A Rejuvenated Metropolis Prospect Lenin, in Moscow--the section formerly known as Okhotny Ryad or "Hunters Row--indicates how the capital of the XI. S. S. K. has been changed in appearance. At left Is the building of the council of peoples commissars. At'rhe right is the new Hotel Moscow. _ DENIES KILLING OF TWO OFFICERS Louisiana Farmer Is Twice Saved From Threats of Mobs. BATON ROUGE, La., C-P--Walter Johnson, 45 year old farmer, twice spirited away from threatening- crowds after he was wounded in a gun battle that led to his capture, denied Friday he killed two officers in a cattle dipping feud. Johnson was shot and slightly wounded at his home near Colfax Thursday night after he had been lunted for two days for the slaying of Sheriff W. L. Nugent and Deputy D. L. Brunson. Dr. S. L. Calhoun, Rapides county joroner who treated the wounded man at Alexandria, said Johnson :old him he heard shots that killed Nugent and Brunson but did not fire them and did not know who did. mmetsburg Girl Athlete Dies From Brain Tumor - - prominent high scho'bl'girl, athlete, Geraldine Godden, 15, 'daughter of Earl Godden,of Emmetsburg, died in as Iowa City hospital following an operation for tumor of the brain. Rock Falls Girl Dies. THORNTON-- Norman Johnson, 5, son of Mr. and Mrs. Grant Johnson of Rock Falls, died at a Mason City hospital Thursday. He was 1 the grandson of Mrs. Dena Johnson of Thornton. Mrs. Johnson received word-of the death of her brother, Fred Reiter, Bruton, Minn., who was buried there Thursday. Whittemore and Algona Men Get Contract 52 Miles of Grading ALGONA--J. V. Elbert, Whittemore, and M. T. McGuire, Algona were successful bidders at the letting for the 52 miles of grading oi various Kossuth cpunty roads held at the courthouse Thursday afternoon. Some 370,000 cubic yards of earth will be involved. Material contracts were awarded to the Wheeler Lum her company of DCS Moincs, Wilsoi Concrete company of Humboldt and the Iowa Culvert and Pipe company of Des Moincs. :or GRIMM TRIED FOR LARSEN SLAYING Policeman Testifies in Case Resulting From Death of Decorah Man. LA CROSSE, Wis., C3 1 )--William N. Grimm of Springfield, Mo., was on trial here Friday accused of the murder Jan. 1 of Clair E. Larsen, 26, of Decorah, Iowa. Police Capt. Herman Rick testified that when- Grimm wag taken into county court Jan. 2 he ^t|S".in good mental health and that.fg$smin was willing to enter a plea of guilty to first degree murder. The witness said Grimm told County Judge R. V. Ahlstrom that if Larsen were dead, he killed him but that the crime was not premeditated. Early New Year's day Larsen was shot to death on a street corner here. Larsen was reported to be going with Grimm's estranged wife. Representative Marcantonio of New York would like to meet Police Commissioner Valentine in a gym nasium. VANCE MDSIC COMPANY ANNOUNCES A REAL PIANO for only $5aMonthWillPayforIt! NOTE THESE FEATURES: 9 Full cast iron frame. Same as costly grand. ® Copper wound brass strings. Same as costly With 68 Note Keyboard-Overall Size: 42 Inches High; 44 Wide; 22 Deep A musical instrument of quality, made and guaranteed by one of America's largest and most reliable piano builders. If you are skeptical about a piano ot such a price--all we, can say is "come in and test it." .We too, doubted whether a piano at such a price could be worthy of our recommendation. Our investigation proved it to be a paino of surprisingly fine tone and action--a musical instrument of surprising excellence. AMERICAN MADE Its 68 keyboard permits you to play practically any popular or classical music. (It is interesting to note that the great Beethoven composed many of his masterpieces on a piano with practically the same size keyboard). In spite of its small size and low price it lacks nothing to make it a fine piano. ON SALE IN MASON CITY EXCLUSIVELY AT grand.. O Overstrung scale. Same as costly grand. Same as costly yANGE 6 Triple string treble unisons grand. 9 Double repeating action. Same as costly grand. O Seasoned spruce sounding board. Same as costly grand. "Complete Music Service Since 1900" 124 North Federal Ave. Phone 798 REVEALS PAY BY TOWNSEND CLUB Elements Says He and Dr. Townsend Together Got About $130,000. WASHINGTON, Off)--Testimony hat approximately $130,000 had been received by Dr. F. E. Townsend and R. E. Clements jointly rom Townsend old age pension movement sources was given Thursday to the house investigating committee. Clements, co-founder and resigned national secretary, testified he had eceived in salary and dividends up 0 April 1, 1935, about $77,800. He added Dr. Townsend had revived about the same amount and hared the profits and dividends. Waldorf Choir Closes Concert Tour Before Large Garner Audience GARNER--The Waldorf college hoir ended its concert tour for the eason here in the high school aud- torium Wednesday night. Directed y Professor Odvin .Hagen, '50 mem- era of the choir gave several ;num- lers. Outstanding in the three groups if numbers sung by the choir were he two selections arranged by Pro- essor Hagen, which featured Miss 5orothy Boyd, the contralto soloist. The first of the, numbers arranged by Professor Hagen was a Norweg- an folk song and the other was 'Slumber Child Jesus," an arrangement of a familiar lullaby. During the intermission Miss Orene Madison played violin selections and Miss Hazel Hoffman a piano number. The concert was sponsored by the, student council of the Garner high school. The auditorium was filled to capacity. 30 Businessmen From Minneapolis to Make Tour of M. arid St. L. MINNEAPOLIS, (JP) -- T h i r t y Minneapolis businessmen, travelling in a special train, will make an inspection tour of the Minneapolis anc St. Louis railroad's southern lines Saturday and Sunday in connection with a campaign to raise defense funds opposing the road's disme berment. Bruised Shoulder Is Only Casualty When Limited Is Derailed CLINTON, a 1 )--M. C. MacKenzie, Chicago, sustained a bruised shoulder and was the only casualty in the derailment late Thursday at Grand Mound of the North Western's "Pacific Limited" a crack ejistbound train. ' MacKenzie was thrown forwan against a seat as the mail car and a pair of engine trucks left . the rails. As the train was moving slowly damage was minor. Cause of the mishap was undeterminec A delay of two hours was caused. APPEALS RULING ON GASOLINE TAX Hamilton Files Appeal on Decision With State Supreme Court. DES MOINES, LT--Clair E. Hamilton, special assistant attorney general, Friday filed with the state supreme court an appeal from a Woodbury county court decision holding the state's gasoline tax law unconstitutional. District Judge F. H. Rice of the Woodbury county court has held the law, passed by. the forty-fifth general assembly, void because it "was not passed and enacted in accordance with the state constitution." The law rewrote the state's three cents a gallon gasoline tax provisions and included municipal and governmental subdivisions in the tax provisions. In the lower court the state sued to collect from Woodbury county on gas used in county trucks. Copies of the abstracts of the decisions and the record, filed in the appeal, stated Judge Rice contended the Iowa house of representatives never had taken an aye and nay vote on the passage of the law. Hamilton listed exhibits of the louse journal in contending it was assed legally. An appeal from a Story county istrict court decision holding the aw constitutional now is pending n the higher court. Solon's Fine Is Paid After Court Tangle WASHINGTON, (.T)--Chairman O'Connor (D., N. Y.) of the housr ·ules committee, appeared at traf ic court Thursday and paid 545 in ines to obtain the release of Repre entative Zioncheck of Washington Immediately · afterwards Zion heck was released. He left the Dis rict of Columbia traffic court by a oack door, got into a taxicab with O'Connor and another man and was vhisked away. O'Connor said that Zioncheck hac ot sent for him and did not know hat he had come to the court to ay his fine. Makes Error in Fine. The Washington representative ad been sentenced to $20 fine or 4S ours in jail for contempt of-court n addition to $25 assessed for peeding. Judge Walter J. Casey at first ad made the contempt sentence 20 or 20 days, but after returning o his chambers had discovered-, he Sexton Woman's Sister, Brother Die Day Apar SEXTON--Mr. and Mrs. Dal' Thompson, Mrs. Laura Francis am Mrs. Howard Mason went to Red field, S. Dak., Thursday to alien the funeral of Mrs. Francis' sister Mrs. Harry Halstead. Mrs. Francis brother, Charles Redingen, diec Sunday in a Chicago hospital an her sister died Monday at her horn in Dakota. Mrs. Francis was unabi to attend her brother's funeral. ,ould not sentence to jail for more :han 48 hours on this charge. Zioncheck had been forcibly removed from the courtroom and ocked in a cell for creating a dis- .urbance in the courtroom during Us trial on a charge of speeding at 70 miles an hour. He pleaded guilty and the" $25 fine was added to the $25 collateral forfeited when the representative failed to "appear in court Tuesday. Error In Sentence. Judge Casey returned to the bench, had Zioncheck brought out Of the bull pen and said: "Mr. Zioncheck, in sentencing you I inadvertently said that you would have to pay $20 fine, or spend 20 days in jail. I made a mistake and resentence you to pay a fine of $20, or to spend 48 hours in jail." Zioncheck immediately was returned to the detention cell and the judge left the bench. · The representative's secretary was permitted to confer with him in the cell. As Zioncheck was taken out he was overheard to say to her: Calls for Speaker. "Get in touch with Speaker Byrns immediately." Before sentencing him for contempt, Judge Casey asked for an explanation of the representative's conduct in the courtroom. Zioncheck said he had made a statement to the court that he was willing to produce the receipt for his collateral which he said proved he had been given no notice of when, or'where to appear to answer the speeding charge. "I then proceeded to leave in an orderly manner," Zioncheck said. Judge Finds Differently. "I find on the other hand," Judge Casey interposed, "that you disregarded the order of the court anc proceeded to leave in anything but an orderly manner." Zioncheck said he had been "a little disturbed" and perhaps "a trifle excited." "The court is not prepared tu overlook your conduct," Judge Casey said. Before the sentence was imposed Zioncheck stated he had not invoked his congressional immunity "for anything that occurred before tit manhandling." To Meet in Bed Oak. NEWTON. (fPI--The State-Council of Christian Education will hold its 1937 state Sunday school meetings in Davenport and Red Oak, its executive committee decided here. PREDICTS GAIN ON INCOME TAX Valentine Says State Will Receive Million Dollars More for 1935. DES MOINES, cm-John K. Valentine, state tax board chairman, predicted Friday that Iowa farm and business gains m 1935 will net a state income, tax gain of nearly one million dollars for the year. Valentine based hU prediction on returns thus far tabulated which showed a gain of 24.75 per cent over the same date last year. He said indications were the total increase--when all returns are accounted for--will be at least 30 per cent over the 53,000,000 collected last year. 3 Per Cent Increase. A detailed report showed individuals malting returns increased 3 per cent to a total of 126,443, but with only a three per cent, gain in the number filing, total income tax paid increased 26.99 per cent to ?z,- 272,542. Nearly 10 per cent fewer corporations than last year filed returns but they paid 5244,711, a ,7 per cent increase. Jt was stated a number of corporations may have received extensions of time for filing returns, preferring to gamble a six per. cent interest payment on the amount o£ tax against complete payment which might not be recovered if the law is declared unconstitutional. Constitutionality Pending. Constitutionality of the three- point tax law, which includes the sales tax and personal and net income taxes, is now pending before the state supreme court. The report did not include an estimated 4,000 returns which have been received but not yet examined and tabulated. Uncompleted tabulation listed 68,200 individuals and 4,100 corporations as filing returns which stated their incomes, with deductions, were not sufficiently large to require payment of the tax. I! WHOLE TOWN |S ASKING ^ Will Open Branch. CLARKSV1LLE--A branch store from the Waverly Gamble company's plant will open up in the Alfred Price braiding, recently vacated by the Storm furniture and undertakers' business May 1. Have you ever heard a radio announcer say he was going to make an important announcement and then follow it by an important announcement?--Florida Times-Union. What's the most important thing about a white shirt? Look around you . . 4 peek in your mirror . . . what's the one point o£ any shirt tKat takes your eye like a magnet? The collar! Of course. And-this is" especially true of your white shirts--when there is no color, no pattern, to divert attention. So nest time you hny shirts, rememher that the collar on an Arrow Shirt fits better and looks better at the start. And it stays that way because every Arrow Shirt is SanforizedLShrunk--we give yon a new shirt free if one ever shrinks! Three interesting while Arrow Shirts are illustrated above. TTrrr is Arrow's dressy white shirt with the Aroset collar . . . looks starched, but isn't. $2 TKUMP is slightly less formal. $1.95 GOEDON is one oxford shirt that dodges shrinkage. With plain o r button-down collar. , . . . ,, . . · · · · _ · . $ 2 Get to Know

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