The Capital Times from Madison, Wisconsin • 1

TO WEATHER Snow flurries and colder tonight. Friday fair and colder, with diminishing northwest winds. Sunrise, 7:30 a. m. Sunset 4:38 p.

m. HOME EDITION Circulation QQ 44A Yesterday AUyilU The largest net paid Circulation ol any newspaper in Wisconsin outside of Milwaukee International Neves Service Associated Press Photos NEA Service Acme News pictures TWENTY PAGES MADISON, THURSDAY, JANUARY 5, 1939 VOL. 43, NO. 21 Mi eek Felix Frankfurter Is Nominated by FR for Supreme Court Seat 1'i 9 Dog Suffers a Broken Back, But Surgeon Saves His Life Fund Would Carry Relief Until; July Urges Penalties For Improper Political Practices; Opposes Local Boards PRES ROOSEVELT itoday sent two important financial messages to the 76th congress. They were I The president asked the congress for an $8,995,663,200 budget during the fiscal year and estimated that the deficit by July 1, 1940 would be $3,326,343,200.

The multi-billion dollar budget would also send the public debt skyrocketing to an unprecedented high of $44,458,000,000. 2 Shortly thereafter, Mr. Roosevelt sent to congress his second message of the day in which he requested for the continuance of WPA for the remainder of the fiscal year to July 1, 1939. Associated Press Felix Frankfurter Predict Fight on Revision of Neutrality Act Challenge by President To Aggressor Nations Seen as Cause By The Associated Press WASHINGTON IP) Pres. Roosevelts challenge to aggressor nations stirred up a congressional conflict today over revision of the neutrality law.

Chairman Pittman (D-Nev.) of the senate foreign relations committee interpreted a portion of the president's annual message as an invitation to congress to revamp the act, but said there has been no suggestion as to the form the revision should take. There were signs that any attempt to repeal the law would meet with strong senate resistance. "The American people wrote that law, said Sen. Nye (R-N. "It was legislation to keep this country out of other people's wars.

I dont believe any force can repeal It. The neutrality law directs the president to prohibit export of arms to warring nations. A cash and carry provision gives, him power to limit shipment of supplies to those bought for cash and transported in vessels of the. purchasing nation. A specific amendment bars arms shipments to Spain.

The president told congress yesterday this country should valid any action or lack of action that would encourage, assist or build up an aggressor. have Jearned that when we WtrateIy try to legislate neutrality. Mr. Roosevelt said, our neutrality laws may operate unevenly and unfairly may actually give aid to an aggressor and deny it to -the victim, The instinct of self-preservation should warn us that we ought not to lei that happen any more. Sen.

Pittman said he did not interpret this passage to mean the administration would ask congress to give the president power to name aggressor nations and place economic (Continued on Page 6,. Column 3) Where to Find It Answers to Questions 13 Comics 17 Daily Records 20 Editorials Fage 20 Hold Everything 11 Markets 18 Merry-Go-Round 4 Radio Programs Page 10 Side Glances 13 Society Page 11 Sports News 15, 16 Temperatures 20 Theater, News 4... Page 10 Womans Page Page 14 IBy TJi Associated Press WASHINGTON Pres. Roosevelt asked vast sums for national defense today in a multi-billion dollar budget that projected another deficit and an unprecedented public debt of In 1940. His annual "report to congress on the nations finances advised emphatically against a violent contraction In spending or "drastic new taxes.

He opened the way, however, to moderate tax increases" to meet increased expenditures of $422,000,000 for armament and farm relief costs. He called for $8,995,663,200 of federal spending in the fiscal year beginning July 1 and estimated the deficit for that year at $3,326,343,200. He asked $1,609,000,000 for national defense, including an extra TEXT ON PAGE 8 The complete text of Pres. Roosevelts budget message -may be found on page 8. 000,000 to speed up the armaments program.

Of the latter sum, however, only $210,000,000 would be disbursed next year. Preparedness Plea Reiterating the preparedness theme voiced in his annual message to congress yesterday, the resident said all are aware of the grave and unsettling developments in the field of international relations during the past few years. Because of the conditions of mod- PRICE THREE CENTS ions Bt Tha Associated Press WASHINGTON Pres. Roosevelt, in asking congress today for a supplemental appropriation of $875,000,000 to carry -work relief through next June, recommended strict legislation imposing penalties for improper political practices in relief. The president, however, asked that the present program of administration be continued for the rest of this fiscal year to prevent disruption of the program, and suggested hearings and careful consideration before changing administrative policy.

He opposed turning the administration over to local boards, as has been suggested in some quarters. Anyone proposing such method, Mr. Roosevelt added, is either insincere or is ignorant of the realities of local American politics. The presidents work relief message went to congress in the midst of a controversy over the placing of WPA employes under civil service. Opponents of this step interpreted the move as a trend toward making the WPA a permanent agency, and declared it would give a preferred job-holding status to many administrative employes they consider incompetent, fight Politics In Relief Proponents replied that it was a step eliminating the politics in relief for which WPA has been criticized.

Under an executive order issued June 24 by the president. 35,000 WPA administrative employes will be blanketecf into the civil service Feb .1. In his message on relief, Mr. Roosevelt said it was his belief that administrative organization of the WPA, but also upon outsiders who have in fact in many instances been the principal offenders in this regard, he declared. My only reservation in this matter is that no legislation should be enacted which will in any way deprive workers on the WPA program of the civil rights to which they are entitled in common with other citizens.

The president said he would send to congress another message, probably in April, recommending an appropriation for work relief in the fiscal year beginning July 1. He said no one "wishes more sincerely than I do that the program for assisting unemployed workers shall be completely free from political Urges Study, Hearings But he warned that hasty adoption of changes to be immediately effective and which radically change the present method of distributing funds would "greatly complicate the administration of the program in the coming months I therefore believe, he said, that the congress should make this ques-( Continued on Page 6, Column 6) Neicly-Elected State Solon Critically III Wis. WP Valentine Rath, 79, elected last November as aa semblyman from Langlade county, wa reported critically ill at his home here today. Before his election to the assembly as a Democrat, Rath served 12 terms' as county clerk. Francis Keichelderfer (Chief U.

S. Weather Bureau) John W. Hanes (Undersecretary of Treasury) I Good, Afternoon Everybody Nepotism Stalks In Trib Smear Over Utilities Out of Doghouse L.By William T. Evjue fTtHE inaugural parade had barely A disbanded before nepotism came marching into the capitol to take a place at the pie counter of the new administration. The Capital Times has never paid much attention to the biennial controversies concerning the presence of married women and relatives on public payrolls.

We are more interested in the larger problem of a new economic order under which everybody who wants to work can get a job whether they be married women, bachelors or relatives. But inasmuch as there are politicians who seek to raise this issue when nepotism is spotted under a Roosevelt or La Follette administration, we believe that it should be fair to chronicle now that the resourceful new secretary of state, Fred R. Zimmerman, has placed his son, Robert, on the payroll as his private secretary while the new state treasurer, John M. smith, has named his daughter Florence, as his personal secretary. Will the publicity seeking Assemblyman Fitzsimmons of Fond du Lac now be as belligerent in denouncing nepotism under present auspices as he was in ringing the bell on this issue during the La Follette administration? A hotel lobby chat with Thornton Smith, the lively manager of the Chicago Tribune bureau in Milwaukee.

Now that the Wisconsin political complexion has been changed to suit the tastes of The Tribune, the old Wisconsin smear which has characterized the column of The Tribune for years will be missing. Wisconsin is now hunky-dory as far as CoL McCormick is concerned. With the election of Heil, the utilities in Wisconsin have come out of the doghouse with a vengeance. The gloomy days during which they. were under public disfavor because of the delinquencies which cost the Wisconsin investors a tidy sum now apparently at an end.

Yesterday the utilities held a field day on the upper reaches of the Wisconsin river above Merrill where the new dam and hydro-electric plant of the Wisconsin (Continued on Page 6, Column 4) FDR Names Ex-Sen. Pope To TVA Post Immell Included in List of Over 100 Import- ant Nominations By The Associated Press WASHINGTON Pres. Roosevelt today nominated more than 100 persons for important federal posts, including former Sen. James P. Pope of Idaho as a member of the Tennessee Valley Authority, succeeding Arthur E.

Morgan. Most of the nominations sent to the senate for approval were appointments made during the adjournment of congress blit which must be confirmed by that branch of congress. Among new appointments was that of Charles E. Clark of Connecticut to be judge of the U. S.

circuit court IMMELL APPOINTED Brig. Gen. Ralph M. Immell of Wisconsin was appointed an officer of the national guard of the United States with the same rank. of appeals for the second circuit covering Vermont, Connecticut and New York.

1 Topping the recess appointments were those of Frank Murphy of Michigan to be attorney general and Harry L. Hopkins of New York to be secretary of commerce, i Other nominations included: Preston Delano, Massachusetts, comptroller of the currency; John W. Hanes, of North undersecretary of the Forrest Hill, New York, governor of the farm credit administration; Ellen S. Woodward, Mississippi, member of the social security board; Edward C. Eicher, former representative from Iowa, member of the securities commission; Franklin W.

Hancock Jr North Carolina, member of. the federal home loan bank board. John C. Wiley, Indiana, minister to Latvia and Estonia; Brig. Gen.

Henry H. Arnold, chief of the army air corps with rank of major general; Col. Walter C. Kilner, assistant chief with rank of brigadier general; Colonels Walter H. Frank and Herbert A.

Dargue, wing commanders with rank of brigadier generals. Otto Kemer, Illinois, judge of the United States circuit court of appeals for the seventh circuit including Indiana, Illinois and Wisconsin, Michael L. Igoe, Illinois, federal district judge for the northern district of Illinois; James V. Allred, former governor of Texas, federal district judge, southern district of Texas; William J. Campbell, Illinois, U.

S. attorney, northern district of Illinois. William H. McDonnell, Illinois, U. S.

marshal, northern district of II linois. Capt. Ross T. Mclntire, the presi-(Con tinned on Fage 6, Column 5) $60,000 Estate of Zona Gale To Daughters PORTAGE, Wis. Mrs.

Zona Gale Breese, prominent novelist, left an estate of about $60,000, according to the will filed in probate court here today. The bulk of the estate goes to the novelists two adopted daughters, Leslyn, 12, and Mrs. Juliette Breese Bennett, both of Portage. The estate left by Mrs. Breese, who died Dec.

27 in Chicago, includes approximately $15,000 real estate and $45,000 personal property, the will stated. Among specific bequests provided for in the novelists will is one for $1,000 to the University of Wisconsin board of regents, of which Mrs. Breese formerly a member, and another of $100 to Mrs. H. B.

Temby, Madison. The. regents are directed to invest the $1,000 and accumulate the income for 50 years. Then the total is to be divided, half to be reinvested, the other half to be used for establishment of a scholarship for creative work. The old "Gale mansion, which has been occupied by the local Womens Civic league since the marriage of Miss Gale to William Breese, Portage manufacturer and banker, is bequeathed to her daughter, Leslyn, with the proviso that the league may continue to occupy the house paying taxes and repairs until such time as Leslyn may marry.

Leslyn is also to receive Mrs. Breqses personal effects, including her books. Mrs. Bennett was bequeathed another house. i will directs that the residue of the estate is to go to the husband for use during his life and that upon his death is to be divided equally between the two daughters.

Harvard Law Professor Choice of President, IB International News Service! WASHINGTON Pres. Roosevelt today appointed Felix Frankfurter, of the Harvard law school, to the United States supreme court to fill the vacancy caused by the death of Justice Benjamin N. Cardozo. The nomination was announced at the white house only a few minutes before it was transmitted to the senate, where prompt and speedy confirmation is expected. The appointment was not wholly unexpected, although it had been thought for a time that the president would go West to fill the current vacancy, in view of the fact that the Far West is not now represented on the court.

Mr. Roosevelt turned, however, to his old friend and frequent adviser, the Harvard law who is highly regarded by the New Deal and Democratic liberals generally, Incidentally, for appointment" of Prof. Frankfurter maintains two jews. on the bench. The other being Justice Louis D.

Brandeis. Say Brandeis to Retire In some quarters it was believed possible that with Prof. Frankfurters nomination. Justice Brandies may now retire. He is in his 82nd year, has served 23 years on the high court, and recently was reported as having told Pres.

Roosevelt that he desired to retire. The president is said at that time to have dissuaded him. Also, in this connection, a story has been current around the capitol for weeks to the effect that Justice James Clark McReynolds, implacable opponent of the New Deal and a conservative of the old school, had told friends he would retire if Frankfurter were appointed to fill the Cardozo vacancy. There was never any confirmation or denial of the story. Prof.

Frankfurter will be 57 years old next November. He is a native of Austria, bom in Vienna on Nov. 15, 1882. He was brought to the United States by his parents when he was 12 years old. He was graduated from the College of the City of New York in 1902, and as a bachelor of laws at Harvard in 1906.

He was almost immediately named an assistant U. S. attorney for the southern district of New York, in which post he served until 1910. From 1911 to 1914 he served the federal government again, as legal officer of the bureau of insular affairs, war department. Thereafter he went back to Harvard as a member of the law faculty, but returned frequently in federal service on a leave basis, holding such posts as assistant to the (Continued on Page 6, Column 2) Report Dizzy 9 Signs Contract for $20,000 CHICAGO (4P) Jerome Dizzy' Dean signed a 1939 contract with the Chicago Cubs today at a reported sal ary of $20,000, the same as he received last season.

Dean was happy over the favorable report he received from Dr. Sumner Koch, orthopedic surgeon, who examined X-ray pictures of Deans $185,000 ailing right shoulder. Dr. Koch said the injured muscles were healing splendidly, but prescribed further rest until the opening of the Cubs spring training campaign next month. Dean, who has given up golf, said he would not attempt to throw a base-: ball until after he had been in spring camp for two The Cubs have certainly been swell to me, Dean beamed.

If I dont win 20 games next season. Ill pitch in 1940 for nothing. Phil Sails From New York on His Trip to Europe NEW TOR UP) Phil F. La Follette, former governor of Wisconsin, sailed on the U. S.

liner Manhattan last night for a look-see at England, France, Italy, Germany. Denmark and Sweden. He sai he would write magazine articles on his observations. Also on the Manhattan was the American Amateur Athletic union hockey team which will compete in the world's amateur championships at Zurich and Bafle, Feb. 2-12.

J. I ft; At the top is a portrait of Demon, 2 -year-old springer spaniel, who posed for the picture as he lay in a plaster cast that binds him from head to foot. The dogs back was broken a week ago, when, he was hit by a car. The lower picture shows Demon in the cast. (Capital Times Photos).

era warfare, he continued, we must ov perform in advance tasks that eliminated only by the imposition of formerly could be postponed until rigid statutory regulations and penal-war had become imminent. ties by the congress, and that this Mr. Roosevelt did not sffecify the should be done, form of the suggested new taxes. He recommended continuance of a group improper political practices could be Such penalties should be imposed not only upon persons within the JEMON, a 2-year-old springer spaniel, owes his life to the wonders of animal surgery. Just a week ago.

Demons back was broken when he was struck by an automobile, it was a compound fracture, a sharp piece of the vertebra piercing through the flesh of his back. Paralyzed, De Fidelity Salesmen Deny isrepresentingContract mon was unable to move his tail or hind quarters. In a seemingly hopeless condition, the suffering dog was taken to the Reading Animal hospital at 2605 Monroe st. It was obvious that his back was broken, but the diagnosis was confirmed (Continued on Page 6, Column 7) surrender their contracts at losses? 3. What Is the present status of Fidelity salesmen? Rieser had asked the commission to forthwith issue a statement pending completion of the investigation in order to assure investors that their investments were safe.

This the commissioners refused, to do. Commissioner Peter A. Cleary said: "We can appreciate the posi-' tion of the company. It is very embarrassing and yet at the. same time 1 dont know how the commission can make any statement at this time.

I must admit that nothing very harmful has shoWit tip In this Investigation to date but I dont believe we are in a position to say to the public do this that. Rieser had also asked that 1939 licenses of Fidelity salesmen be issued at once and that they be allowed to proceed with selling contracts of the company -The. 1933 licenses expired (Continued on Page 6, Column 7) of emergency nuisance levies scheduled to expire June 30. 750 Million For WPA Crediting the administrations current spending program with aiding SAME POSTAL RATES WASHINGTON (J5) The pictures on the stamps may change and the glue may taste better or worse, but letter postage seems likely to remain at three cents for another year. Pres.

Roosevelt advised congress in his budget message today that his estimates for the postal service were based on continuing that charge for first-class, out-of-town mail. the existing upward movement of business and employment, the president said it should not be curtailed arbitrarily or violently. The budget included an esti-' mate that at least $750,000,000 would he required to operate WPA until June 30. Present funds are expected to run out Feb. For the next year, the president asked $1,500,000,000 for the WPA.

He requested no new public works program but estimated $366,000,000 would be necessary to carry out work already underway. Next years $8,995,663,200 expenditure estimates, which did not include $100,000,000 to be Used for paying off debt, compared with a forecast of $9,492,329,000 for the current year. (Continued on Page 6, Column 8) Delay Hearing for Study of Companys Audit By Commission The state banking commissions hearing into the business and sales methods of the Fidelity Investment association. Wheeling, W. Va was adjourned, yesterday following testimony of company salesmen -that they never misrepresented contracts offered investors.

The adjournment was asked to permit counsel for the securities division of the commission to study an audit of the company and to make further investigation. Attorneys and members of the commission agreed to meet next Thursday to discuss three questions raised by Atty. Robert M. Rieser. counsel for the company.

These questions are: 1. Whether further hearings are to be held? 2. Whether or not some assurance can be given contract holders-so that they will not immediate! 1 i'C M..