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: '.'' r 1 ' T G F I NORTH IOWA'S 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. XLII FIVE CENTS A COFY ASSOCIATED PRESS LEASED WIRE SEKVJCB MASON CITY, IOWA, TUESDAY, MAY 5,1936 THIS PAPER CONSISTS OF TWO SECTIONS SECTION ONE NO, ISO POINT TAX UPHELD BY HIGH COURT IOWA SEEKS U.S. AID TO INSTALL SAFETY SIGNALS W o u l d Eliminate 560 "Guillotine" Railroad Grade Crossings. By GEORGE MILLS (Iowa Daily Press Bureau) DES MOINES--Federal highway aid legislation now pending would enable Iowa to eliminate 560 "guillotine" railroad grade crossings through automatic safety signal systems, G. A. Huffman, Iowa railroad commissioner, said Tuesday. Huffman's estimate was announced as the railroad commission members of the special state safety committee outlined a three point program to reduce train-and-auto grade crossing crashes which have killed 598 persons in Iowa and maimed 1,606 others in the last 10 years. The program, which was outlined In a report to Gov. Clyde L. Her- rirs, is as follows: Advance Warning Signs. 1 Standard advance warning signs be placed at all crossings not now so provided. 2. That the next legislature pass a law making it illegal to pass a railroad crossing signal giving indication of danger, except after the driver has stopped and ascertained the way is clear. 3. That funds be provided from federal sources to install approved signal devices at the more hazardous unprotected grade crossings. Huffman said federal legislation, which already "has passed the" house and now is before the senate, allocates 51,400,000 to Iowa for grade crossings. .The report to Governor Herring estimates the average cost of automatic safety signal devices at $2,500 a crossing, making 560 such devices possible if the federal allotment is approved in Washington. The report is signed by Huffman and H. B. Dunlap, also a railroad commissioner. 12,300 Grade Crossings. There are. approximately 12,300 grade crossings in Iowa of which about 900, or 7.5 per cent, are protected by some form of safety signal protection, the report reveals. In addition, there are 950 crossings with grades separated, 252 of which are on primary roads. "Therefore," the report continues, "there are 11,300 crossings which have no protection whatever than the standard crossbuck sign, except at primary road crossings which have additionally an advance warning sign placed on the right hand side of the highway." Despite the large number of crossings which would be unprotected even after 560 additional signal systems were installed, Huffman says he believes the added systems would do -much, to reduce the grade crossing toll. Installations naturally would be. made at the most hazardous crossings first, he said, and motorists thus-would be given added Â· protection where death- in the form of a speeding train is most likely to strike. Â·Can Install Signals. The report admits that "complete separation of grades between highways and railroads is, of course, th ultimate in safety" but points out that a much larger number of safe ty signal systems can be installed for the same sum of money. Ninety grade separation projects in Iowa have averaged $60,000 each, so that 24 crossings can be protected bj warning devices, for the cost of on' grade crossing, the report says. Advance warning signs now are placed on primary roads on each side of a crossing by the highwaj commission. The report recommend, that placement of such signs on sec ondary roads be required, since the crossbuck sign does not afford a motorist sufficient advance warning of the location of a railroad track Making an "arterial highway" ou of the railroad by requiring motor ists to stop -when the automat! signal so advises is being workec successfully in Dubuque, the repor points out. Can Be Carried Out. This logically can be carried ou in other cities and in the countrj by enforcement of the Iowa high way patroi, the report said. "It j unfair that protection should b provided at the expense of a rail road, a state or the federal govern ment without providing for som forced adherence to the warning in dication." Huffman and Dunlap are two o the five members of the committe appointed by the governor to co ordinate the safety functions of th highway commission, the motor ve hide department, and the railroa commission. C. L. McKinnon, high Â·4, way commission member, Lew Wa; Reno Dies of Heart Attack IOWA: Partly cloudy Tuesday night, becoming unsettled Wednesday; showers in the north- w e s t Wednesday afternoon; \varmcr in central and east portions Tuesday night and in the east portion Wednesday; cooler in the extreme northwest Wednesday afternoon. M I N N E S O T A : Unsettled in south, local showers in north, warmer Tuesday night; Wednesday local showers, warmer in northeast and extreme east, cooler in extreme west. IN MASON CITY GlobeGazette weather figures for hour period ending at 8 o'clock Tuesday morning: Maximum Monday 68 Minimum in Night 48 At 8 A. M. 57 [1 Duce Declares "Ethiopia Is Italian T^Weather FORECAST SEEK FREEDOM FOR AL CAPONE ,awyers Take Advantage of Newly Found Loophole in U. S. Statute. CHICAGO, (.ff)--Attorney William Parillo. said. Tuesday he and an associate expected within two 1 weeks to launch an attempt to win freedom for Al Capone, notorious Chicago gang leader, and were convinced it would be successful. A newly found loophole in a federal statute, used successfully Monday to defeat an indictment against six officials of the Trustees System Service corporation, will be cited in :he gangster's behalf. "A" Insteaa of "The." tl relies on the use of "A" instead of "the" in e a statute covering the manner in which grand juries may 36 extended. "We are convinced it applies to :apone's case," Parrillo said, "and our present plans are to contend :hat the indictment on which he was iried is .void, so that he is being il- .egally held." Parrillo'a associate, conferring with him Tuesday on the move to free Capone, is Attorney Lymon W. Sherwood, who with Attorney Gerald T. Wiley brought about the dismissal of the indictments against the Trustees System officials. Seek Habeas Corpus. Parrillo and Sherwood plan, Parrillo said, to go to San Francisco within the next two weeks to institute the first legal move toward opening- Capone's Alcatraz Island prison doors--an application for a writ,of habeas corpus. Attorney Sherwood pointed out that the statute says "the district judge" may exend the jury's term, rather than saying "a district judge." He argued that this voided indictments returned by a jury held over by a judge other than the judge who impaneled the jury. 2 Men Escape When Highway Patrolman's Car Goes Into Ditch DENISON, UP) -- Southwestern Iowa officers were on the lookout Tuesday for two men driving a car bearing 3935 license plates who escaped after two state highway patrolmen chasing them wrecked their car in a ditch and were injured. The patrolmen--Joe Dixon and Lyle Dawson, both of Carroll--were in a Carroll hospital for treatment. Dawson suffered a broken collar bone and Dixon's leg was injured. The accident occurred south of here late Monday. Suspicious of the car, the patrolmen took chase. The suspects turned off highway 29 south of here on to a dirt road. Following, the patrolmen drove over a knoll, hit a soft spot in the road and plunged into a ditch. The car was badly damaged. Fatally Shoots Himself. VINTON, UP)--Coroner John Burrows said that P. L. Trierweiler, 48 World war veteran whose body was found in a coal shed at his home, fatally shot himself because of financial reverses. lace, motor vehicle .department superintendent, and John P. Hattery chief of the highway patrol, are the other members. Militant Iowa Farm Leader 70 Years Old EXCELSIOR SPRINGS, Mo., UP) --Milo Reno, 70, of Des Moines, president of the National Fanners' Holiday association, died of acute heart attack in his room at the Snapp hotel here at 10:15 a. m. Tuesday. He had been convalescing from influenza. Reno came here March 7 suffering from a severe cold which developed into influenza and rheumatism. After a few weeks he seemed to be on the road to recovery. He suffered a relapse two weeks ago after meeting the board of dire- tors of the National Farmers Holiday association at his bedside. Since then he had shown slight improvement and even Tuesday morning his physician, Dr. John Grace, reported his condition was better after a restful night. Mrs. Christine Hussy of Des Moines, Reno's secretary, was with him when he died. His wife was not in the room at the time. Repeats Last Words. Mrs. Hussy said Reno's last words were: "Has the man I have been expecting from Des Moines arrived?" She answered "no" and he expired- Dr. Grace was hurriedly called and pronounced him dead. Reno first came into the national eye in the early 1920's as an evangelist of the discontented farmer in sctions of the. miadlewest.--He.-dir, reeled strikes of farm producers in several states in 1932 and 1933. Tall, gaunt and fervent, Reno was ordained as a minister and was noted for the denunciatory character of some of his platform utterances. To his followers, Reno was a leader who braved all in their cause. Enemies called him a demagogue. The Iowa attorney general in 1932 charged him with using racketeer- ng methods in lining up farmers Â·or strikes at 75 cents each for membership. "Deplorable" Favorite Word. Â·Deplorable" was a favorite word E Reno in describing the farmer's condition. 'We demand the same consideration for our industry as is cheerfully conceded to every other industry," ie once said. "We assume for the farmer the right to obtain this consideration by the same methods \ised by other industries; that is, to refuse to send our products to mar- jet for less- than production costs." Reno heckled in turn the efforts of William Jardine, Arthur M. Hyde and Henry Wallace as secretary of agriculture to improve the condition of the farmers. He particularly assailed the AAA. He called the present secretary "Lord Corn Wallace." As a member of the corn belt committee, he fought for passage of the McNary-Haugen equalization fee bills in 1928 and 1931. Urges Use of Guns. In 1934 he aoMressed the National Farmers' Union, advising the members in his booming voice to "put guns on your shoulders and use force" to get justice. Reno was smooth faced, wore horn rimmed spectacles and had abundant wavy hair which he kept brushed high off his forehead. He sometimes wore rough clothes and a cowboy hat. The "farm revolt'' of 1933 saw Reno's holiday followers picket highways to stop the sale of farm produce, halt foreclosure sales and drag District Court Judge C. C. Bradley from his bench at LeMars, Iowa. It was put down after Gov. Clyde L. Herring ordered troops. Reno was born in Wapello county. Iowa, Jan. 5, 1866 and was educated at Quaker academy and Oskaloosa college at Oskaloosa. Secretary of Union. In 1916 he became secretary of the Iowa Farmers Union when it was organized and was elected president in 1921, a post he held until 1930 when he retired at his own request. During the last two years he condemned the administration f o r "wrecking the constitution," addressed young republicans in New York state, attended the republican "grass roots" conference at Springfield, 111., indorsed the Townsend plan, repeatedly demanded Secretary Wallace's removal, and advocated the Frazier-Lemke mortgage refinancing measure. Though listed a republican, Reno never let party lines stand in his way, campaigning for Alfred E. , Smith in 1928 as well as Roosevelt j in 1932 and joining with the La- Farm Leader Dies MILO RENO Follette third party movement in 1924. Hoover Protest Parade. In 1932, when President Hoover made a campaign speech, here, Reno's followers organized a protest parade which followed the Hoover line of march, hooting and catcalling at the candidate as i ""betrayer -of the farmer." A year ago, Reno's Holiday as sociation held a national meeting here which it heralded as a birth place for a third party movement Father Coughlin, Senator Hue- P. Long, Gov. Floyd B. Olson and Dr. F. E. Toivnsend of the 5200 i month pension plan were invited but only Huey Long appeared. The year previous Father Coughlin accepted Reno's invitation to address the Iowa Farm Union convention and last fall Gov. Eugene Talmadge of Georgia leveled his charges at the AAA before a farmers' union convention. Indorsed for Senator. The farmer-labor party in 1930 indorsed Reno for United States senator, but he refused to become a candidate for office, a responsibility he never gave any indication of desiring during his career. Reno also served the farmers' union as president of its life and automobile insurance companies and was a director of the Union Fire Insurance company. State insurance department records showed that in 1931 he ceived $9,600 in salary from re- the life and automobile companies and a $10 per diem from the fire company. Never Held Pastorate. Mrs. Reno said he was ordained in the Disciples of Christ church but never held a regular pastorate, preaching wherever he was called. One daughter, Mrs. Glenn Boyles of Indianola, Iowa, survives. . Mrs. Reno said the body would be taken Tuesday afternoon to Des REPORTS WAR IS OVER AS TROOPS ENTER CAPITAL American Officials Move Back Into Legation at Addis Ababa. By ANDRUE BEKDING. (Copyright, 1836, by The Associated tttml ROME -- Premier Mussolini declared Tuesday night "the war is over" and "Ethiopia is Italian." He made his declaration to half the population of Italy assembled irough the nation in an adunata-- an official mobilization of the public. The populace was assembled in celebration of the fall of Addis Ababa to Italian troops under the commands of Marshal Pietro Badoglio. "I announce to the Italian people and to the world that peace is reestablished," said Mussolini, his voice trembling with emotion. Speaks With Pride. "It is not without emotion and not without prids that after seven months of fierce hostilities I pronounce this great word, but it is directly necessary for me to add and that it is our peace and a Roman peace which is expressed in this s i m p le, irrevocable, definitive phrase: " 'Ethiopia is Italian!' " H duce spoke from a blue ban- nered balcony in the Piazzo Venezia while thousands of subjects gathered in the piazza below him. Mussolini announced that Badoglio entered the Ethiopian capital at the head of his men at 4 p. m. (Whether this hour was Rome or Addis Ababa time was not stated). Unable to Speak. The Italian leader was unable to speak for the first 10 minutes after he appeared, so tremendous the ovation accorded him. His speech was interrupted many times by the frantic cheering of the thousands gathered before his palace. II duce declared that the chief- remaining in Ethiopia "no onger count" as negotiators. Recalling how last Oct. 2 he said he did not wish to make the Ethiopian question of a European question, Mussolini declared: 'We now are ready to defend our victory with the same inexorable decision with which we achieved it." Forced to Shout. II Duce said that in this way "we believe we will be interpreting the will of the combatants, those who died fighting and those whose memories are engraved in the hearts of Italians." H Duce gradually raised his voice to a shout to make it carry through the almost continuous ovations from the listening throng. With reference to Europe, II Duce declared: "I, more than ever, am convinced that to disturb the peace of Europe means the collapse of Europe." II Duce had to shout so loud over the roar of the crowd that toward Moines and funeral arrangements would be- made after, arrival there. COLVIN ATTACKS "REIGN OF RUM" Delivers Keynote Address to National Convention of Prohibition Party. NIAGARA FALLS, N. Y, UP)-An attack on a "reign of rum" and an appeal to support a party to end its "diabolical regime" was presented Tuesday by Dr. D. Leigh Colvin, of 'New York City, in his keynote address prepared for delivery to the national convention of the prohibition party. Calling on the party to redeem the young people of America from being swept into an "alcoholic vortex," the keynoter accused the newly legalized liquor traffic of "adding debasement of women and girls to its former evils." Dr. Colvin charged repeal with educating all classes to drink and bringing back into the- open the "evils that prohibition had driven to cover." "We must not forget the heinous, moblike and unconstitutional methods by which toe repealists bludgeoned the 18th amendment," he said. ON THE INSIDE VERNE MARSHALL Cedar Rapids Gazette Wins Pulitzer Award ON PAGE 10 Luther League Will Meet in Lake Mill: ON PAGE 8 400 Odd Fellows at Meeting in Clarion ON PAGE 8 Roosevelt Victor in Maryland's Primary ON PAGE 10 Judge Evans Funeral to Be Held Thursday ON PAGE 2 WA Development of Airport Is Suggested ON PAGE 16 the end of his speech he became hoarse. Throughout his voice trembled with emotion. Dressed in a fascist corporal's uniform, he stood in the center-of a tremendous flood light. Plans Koman PeaÂ«e. Terms of peace, he asserted, "must be marked with the Roman spirit. It cannot be a lame peace, for ive mean that this Ethiopian problem be settled at once and for all--settled as it has been by our own sacrifices alone, by our own blood alone, by our own money alone without asking anyone for anything." He got his greatest cheer when he declared Italy would defend peace with the same decision with which she reached victory. When he finished with a vibrant cheer for Italy the ovation continued for many minutes. He was called back to the balcony a dozen time: before he finally retired. The crowd remained packed in the huge square for a long time after n Duce disappeared inside the palace before reluctantly beginning to break up. REPORT CONTENTS OF LEGATION UNDAMAGED WASHINGTON, UP)--The state department was notified Tuesday that the American legation in Addia Ababa had been reoccupied by its own officials and that all of its contents were undamaged. In a message filed at 6 p. m., Ethiopian time (10 a. m.. C. S. T.) over the American radio transmitting set, Vice Consul William M. Cramp of Philadelphia, reported as follows: "Entire legation white personnel evacuated by British colony this morning at 9:30. ''Italians arrived at 4 p. m. "I reoccupied the legation with Tanner, Anslow and Cavanah (naval radio operators) at 5 p. m. "Everything untouched. "The minister and rest of personnel remaining at British legation until Wednesday." The Italian government earlier had assured the United States that the lives and property of foreigners in Addis Ababa would be protected according to the rules of war. The message, which relieved officials here, was the first to be transmitted over the naval radio station in the legation since the building was abandoned Tuesday morning and its officials sought safety in the British legation from marauding bandits ranging the city. Officials here were gratified particularly that Minister Cornelius Van H. Engert's fears that the legation and radio station might be destroyed by native attackers did not materialize. Methods of Legislature Ruled Valid DES MOINES, UP)--The Iowa ;uprcnie court Tuesday declared constitutional the method by which :he Iowa legislature passed the three point tax law, which embraces the sales tax and the personal and corporation net income taxes. The court's action placed final legal approval on the form of passage Df the democratic administration's key fiscal measure under which $16,000,000 is collected annually. The ruling upheld Judge Carl B. Stiger's Marshall county district court decision that the law went through legislative channels in a legal manner. All justices except Stiger, who now is a supreme court justice and took no part in the decision, concurred. Point Out Difference. In its opinion, the court pointed out a difference between the record of passage by the legislature of the three point tax law and that of the salary slash act, which the court previously held was not passed as required by law. Nowhere in the record of the sal ary slash act, the court said, "was it shown the house ever voted upon the senate bill. "But the record shows the three point tax law conference committee report had a majority in each house. It follows, then, that the record established this bill was passed by the assent of the majority of all members of each branch of the general assembly." Technicality Argued. John Valentine, tax board chairman, and Glair Hamilton, special assistant attorney general, who defended validity of the law before the high court pinned their case on a technical point of legal procedure The point was whether the su preme court, in arriving at an opin ion, can consider only facts present ed to it in abstracts and argument; filed in the "case at bar." Ray P. Scott, Marshalltown at torney who attacked the validity o: the law, argued it was unconstitu tional because "a final yea and na; vote was not taken on the bill as required by the Iowa constitution.' Passed Same Way. "If the court were to accept the interpretation of Mr. Scott, thousands of Iowa laws would be unconstitutional," Valentine said. "An attorney for the tax board checked journals of 11 regular and three extra legislatures back to 1913 and found 1,177 acts were passed in the same way as this law." Two other important laws are challenged on grounds of "improper passage" in appeals pending before the high court. They are the state liquor control act and the gasoline tax law. KING HAS TREASURE By THE ASSOCIATED PRESS From Djibouti, the fleeing Emperor Haile Selassie was taken in a British cruiser toward Haifa, Palestine; with responsible reports indicating he had salvaged all the crown jewels, much gold bullion and silver currency, and even had taken along six of his motor cars. The leaders of the southern Ethiopian forces, Ras Nasibu and his Turkish adviser and staff officer, Wehib Pasha, fled also, stopping in Djibouti. London sources, reporting the British government frankly humiliated by the unexpectedly easy con-1 JUDY POLITICS, REVENUE RAISING Tax Dispute Flares in Which Hastings Attacks House Approved Bill. WASHINGTON, CT)--Members of congress dwelt on revenue raising and politics Tuesday. The tax dispute flared at the capitol. In a statement, Senator Hastings (R.-Del.) called the house bill a regulatory measure that "violates every principle of taxation." Committeemen, continuing public hearings in preparation for senate consideration of the program, heard the proposed "windfall tax" opposed by the cotton textile institute. Before a convention of organized women workers, William Green, president of the American Federa- tion'of Labor, declared for the reelection of President Roosevelt. Other developments: The long awaited examination of Dr. F. E. Townsend by the house committee investigating his old age pension plan was postponed at least two weeks. President Roosevelt resumed conferences on proposed housing legislation. The house devoted itself to routine and the senate was in recess for three days to permit committee men to devote more attention to th! administration tax plan in an effort to speed action on it. SUPREME COURT WIPES OUT REST OF GRAFT GASES Indictments Against 31 Defendants Ruled Not Valid. DES MOINES, LB--The state upreme court Tuesday wiped out be remaining Woodbury county graft" conspiracy cases by ruling- he indictments against 31 defead- .nts were invalid. The ruling marks the legal death if "graft" grand jury charges that a tatewide "payoff" system reached, nto the attorney general's office in Des Moines. The decision was "per curiam"-- by the court--with all the justices concurring except John W. Anderson, who took no part. Atty. Gen. Edward L. O'Connor vas the only one of 45 defendants named in the original indictments who faced trial. O'Connor was acquitted by directed verdict in a re- ;rial after a jury in his first trial failed to reach a decision. Reverses Peters' Ruling. Tuesday's ruling reversed District Judge Earl Peters' refusal to quash indictments against the 31 defendants. The court's opinion nullified indictments against Walter Maley, first assistant attorney general, Ray Harrison, Des Moines attorney; Joe Gagen, Des Moines professional bondsman; C. W. McNaughton, former state agent, and 27 others. Supreme court attaches said that under Iowa law new indictments may legally be sought against the defendants in a new investigation but that the defendants are freed of charges brought by the special grand jury. Although the court did not mention him by name, it said in its opinion that one of the major grounds for disqualification of the indictments was payment of $700 by Verne Marshall, Cedar Rapids Gazette editor, to H. M. Havner, special prosecutor. Not Properly Qualified. The court annulled the indictments because Havner and M. E. Rawlings, Woodbury county attorney, were not properly qualified to appear before the special "graft" grand jury. After detailing the history of the grand jury from early English days, the court said the grand jury "not only has the duty to inquire into charges and make return of indictments x x x , but it has an equal duty to protect the citizens against an unfounded accusation and to prevent anyone from satifying his malice, ill will or vindictiveness against the alleged accused." The opinion cited an Iowa statute which prohibits county attorneys or their assistants from accepting any fee from any one for services rendered in a prosecution. "When the point was reached that Havner accepted this money, from. quest of Ethiopia, reflected demands j T rl , r l- HrivAr Finprl of laborites that punishment of HUCK L/HVer TineU for Reckless Driving Italy through sanctions should be continued and increased. Accused of Burglary Attempt. WEBSTER CITY, (.T) -- County Attorney George B. Aden charged Bert Roberts, 33, with breaking and entering in connection with an attempted clothing store burglary at Stanhope last week. Police Judge Morris E. Laird fined Orville Goodling. Ventura truck .driver, S100 and costs late Monday on a reckless driving charge. Goodling was arrested early Sunday west of Mason City by Deputy Sheriff Stuart Grummon and State Highway Patrolman Edgar I Faber. thenceforth he was disqualified to act in this investigation." The opinion said: Had Two Maslcrs. "The thought underlying this ruling arises from the old maxim that 'a man cannot serve two masters.' In other words, after receiving this compensation from the editor, Havner was then in a position where he had two masters, one, the editor, the other, the state of Iowa." The court ruled that Rawlings was not qualified to appear before the grand jury during the investigation because he, himself, in asking the appointment of Havner had said he was unqualified. The reason for Rawlings' statement was that ho had served as an assistant to former County Attorney Max E. Duckworth, and Duckworth was under investigation, records in the case said. Turned Over to Enemies. Lou Salinger, who argued Maley's case before the high court, asserted in his argument that the method by which Maley was indicted was identical with "turning a man over to his enemies through legal machinery." Salinger charged "Marshall had n, pecuniary interest in seeing indictments were returned." The "pecuniary interest," he argued, lay in "rebutting possible libel suits through indictments and documents which woulfl be filed with them." Made by Marshall. Charges made by Marshal!, editor of the Cedar Rapids Gazette a t Cedar Rapids, as to "protection" payoffs over the state played a m"- jor part in the launching of the sweeping investigations which at first centered around Sioux City conditions and then spread to other sections of the state. Special "graft" gland juries i n - vestigating the charges of statewide giaft and corruption indict?'.!