El Paso Herald-Post from El Paso, Texas • 1

WEEK-END THREE CENTS IN EL PASO FIVE CENTS OUTSIDE EL PASO HOME EDITION Weather Forecast Unsettled tonight and tomorrow somewhat warmer tonight VOL LV NO 280 EL PASO TEXAS SATURDAY NOV 23 1935 22 THREE SECTIONS BUSCHARDT SUSP OGADEN FALLS TO ITALIANS MAY PROTEST INSULT LABOR HEARHB EXPENSE PLEA BY JUDGE Clipper on SchoolChildren Give Pennies and Nickels Rogers Memorial Handicapped Youngsters Will Be Principal Beneficiaries of Fund Being Raised To Honor Humorist Electric Company Says Inquiry Costly And Burdensome ARGUMENT NOV 29 Amended Motion Is Filed By Utility in Federal Court At Waco known as the Will Rogers Memorial Hospital It is at Saranac Lake Lincoln Park adult night school has Joined the memorial fund movement with a subscription from each of Its 175 night students The movement was first explained to the adult students at the Thursday night session of the adult class in English and citizenship taught by Norman Walker Class Enthusiastic Mr Walker used a full page rotogravure picture of the painting of Will Rogers being decorated by Miss and other pictures The adult class was so enthusiastic over the Rogrj memorial idea that they ananimously subscribed Joese Ruiz one of the students in Mr Walker's class and a Seventh Cavalry band musician collected the fund Perry Craig teacher-helper assisted In raising the fund At recess at the Lincoln Park adult school the students told other classes about the plain to raise money for a Rogers memorial and they too contributed The campaign will close Thursday A coupon for subscribers will be found on Page 8 Clipper Pan-American Airways trans-Paclfic air liner Is shown In this figures of workmen who made her ready for the take-off from San Francisco $500000 ultra-modern ship the Clipper is the most advanced type first trans-Pacific air mall flight ever attempted Game VS TEXAS MINES 2:30 Pos Pennies and nickels from El Paso school children are flowing into the Will Rogers Memorial Fund While Mrs A Quisenberry chairman of the division has not received full reports from the schools there Is every Indication that many El Paso boys and girls will help to finance the memorial to the beloved actor writer and cowboy philosopher Austin High School has made a donation to be followed by another Radio Talk School children have expressed an eagerness to honor Will Rogers Wallace Perry chairman of the El Paso executive committee will speak in behalf of the fund over Radio 8tatlon KTSM at 7:30 today The Memorials Committee announced last night In New York that handicapped children will be the principal beneficiaries of the memorial fund At the same time the committee announced acceptance of a gift of a $1000000 hospital and $500000 in cash to maintain It for five a separate subscription from the national Rogers fund The hospital and maintenance fund were given by the National Variety Artists Fund and will be TO BACK STATE RUM LAW Importation Section Will Be Enforced By Federal Officers lit rald-Pott Bureau WASHINGTON Nov Federal Government will enforce the new Texas liquor law as applying to liquor imports the Federal Alcohol Control Administration announced today Liquor regulation 'under the Alcohol Control Administration went into effect Aug 29 So far as pan be learned here no change in regulations affecting Imports for personal use Is contemplated except those affected by Texas State law According to the Customs Bureau here new regulations affect border traffic only in regulation of commercial traffic of liquor across the border Under the new law importers of liquor must obtain a permit from the Federal Alcohol Control Administrator in Washington Persons may Import $100 duty free for personal use under federal law The Texas Importations Limited to Quart Importations of liquor by any person is limited to one quart unless a permit Is obtained from the State Liquor Control Board a study of the Texas Liquor Control Act revealed today Section 8 of the act provides: person shall import into this State any liquor in excess of one quart from any source unless a permit be first obtained from the board and any person so purchasing or importing liquor in violation of this section shall be subject to the penalties hereinafter provided In addition to the penalties hereafter provided any person violating the provisions of this section shall forfeit the liquor so imported to the board as herein LAMSON CASE MISTRIAL Bg United Press SAN JOSE Cal Nov Judge Trabucco today ordered a mistrial in the third trial of David A Lamson Stanford University Press official charged with murdering his wife Mistrial was ordered on motion of defense attorneys after court clerks investigated the disappearance of 161 names from the Santa Clara County jury panel Ask Yourself: Mail Flight CLIPPER LANDS IN HONOLULU Giant Ship Ends First Lap Of Trans-Pacific Mail Flight Safely BULLETIN Bg Associated Press ALAMEDA Calif Nov The China Clipper arrived over -Honolulu at 12:35 (PST) today completing the first stage of its Pacific flight Pan American Airways was advised today Bg United Press HONOLULU' Nov Through a clear cloud-banked sky Pan-American China clipper roared toward Honolulu and the end of the first lap of an 8000-mile trans-Pacific airmail flight today Bearing 100000 pieces of mall and a crew of seven on a four-stop flight from Alameda Cal to Manila I the four-motored luxury airliner was 420 miles off Diamond Head and its Pearl Harbor landing base at 9:30 a (PST) today For approximately 18 hours the great ship had sped the night at an average speed of nearly two miles a minute despite stiff headwinds' over a majority of its route The ship took off at 3:46 (PST) yesterday -It was expected to Continued on Page 10) MAUNA LOA LAVA RUSHES TO SEA I i I Hawaiian Volcano Continues Activity Near Bg United Press HONOLULU Nov mighty tourist beacon the towering summit of Mauna Loa continued to belch burning earth Into the air and over its rocky slopes-today in an eruption which observers predicted might last for months Gathering momentum through the night a smoking sheet of blade lava was creeping slowly to seaward at dawn already halfway down- the side of the 14000-foot mountain and apparently destined for 40-mile Journey to the Ocean Anti Socialists Mutilate Teacher Bg Associated Press VERA CRUZ Mexico Nov 23 dispatches said today Hermelinda Rendon a teacher in the village of Cuau-tamlngo Vera Cruz was mutilated and killed by a group of men for teaching Socialist education The men were believed to be those who killed three other' Socialist teachers last week in Tezlutlan Puebla THE WEATHER TEMPERATURES Si 12 a 44 43 0 It lAitattattit S3 la ft lAtvtfttftin 39 1 noon 37 Pm aaaaaaa Midnight 3 a 4 a A new attempt to halt the National Labor Relations Board hearing was made today by the El Paso Electric Go on the ground that the expense of the hearing is causing loss and to the utility In an amended motion filed today at Waco before Federal Judge Charles A Boynton the Electric Co sought a temporary injunction to prevent further prosecution of union charges against the company of violating the Wagner Labor Disputes Act $400 a Day While the petition said expense of the hearing to the company is more than $200 a day Volney Brown company attorney said expenses actually are running from $400 tb $500 a day Is disrupting the work of employes and preventing department heads from performing their said Mr Brown The amended motion will be argued Nov 29 at Waco It asks that upon a final hearing the injunction be made permanent Burdensome The amended petition says that Karl Mueller NLRB counsel is acting as advocate and attorney for union employes at Government expense while the company must earn the sums it is compelled to spend on the hearing hearing is being conducted In a manner and under circumstances which are unduly oppressive and the' petition says Mr Brown said the hearing unless stopped' will last at least a month The utility has not begun to call witnesses Repeat Charges TiU Interptf MONS-Howell (91) Jamagin (74) the El Paso NLRB hearing pending arguments before Judge Boynton Green' (55) White (81) Boutwell Hie amended motion repeated cAilEmery (29) McKinney (28) original charges that the NLRBTias no that the Act Is unconstitutional Phillip Phillips trial examiner ordered a hearing this afternoon to accommodate Hedges union representative who must return to Washington It Is probable another night session will be held tonight A Finemon chairman of the Employes Representation Plan was on the stand when the hearing adjourned at noon you point out where the company is bound to do anything (Continued on Page 10) BISHOP IS FINED IN EXCHANGE CASE Ordered to Pay $40240 For Violating German Law Bg United Prete BERLIN Nov 23 Dr Legge Catholic bishop of Neissen was sentenced today to pay a fine of 100000 marks ($40240) or to serve three months in jail following his convic tion on charges of violating German laws restricting transactions in foreign exchange Forty thousand marks ($16096) of the fine was remitted by the court because of the long time Bishop Legge was imprisoned pending his trial It was understood that the Bishopric will meet the remaining 60000 marks (24144) of the fine Co-defendants with the bishop were his brother Dr Theodore Legge general secretary of the bonlface society of Paderbom Dr Soppa vicar general of the Meissen bishopric and Augusta Klein secretary of Dr Theodore Legge The brothers was sentenced to five years imprisonment and a fine of 70000 marks ($28168) Dr Coppa to three years in the penitentiary and a fine of the same amount and Augusta Klein to five months in Jail Dutch securities held by the Meissen Bishopric valued at 95000 maxks ($38228) were ordered surrendered Immensity of the China picture contrasting with the tiny late yesterday A 25-ton of sky craft It Is now on the Lineup for IIARDIN-SIMMONS At Kidd Field Bg Associated Press SAN FRANCISCO Nov Mystery surrounding San three poisoned soda deaths neared complete solution today as authorities announced they thought they had definitely traced the poison to its source: Latest theory advanoed by police was that a barrel of a certain poison in almost pure form had been sold as to the department store from which hundreds of San Franciscians purchased the cantaml- nafrl enria Dr Geiger city health- director declared two other display barrels containing salvaged baking soda were replenished from this barrel as sales were made Mounting Evidence He said mounting evidence tended to fix responsibility for the mistake that killed three made 21 persons ill and threatened the the lives of hundreds of others upon the owner of the salvage concern Captain of Detectives Charles Dul-lea announced: clinching evidence is obtained convincing me that the poison -barrel came from the salvage concern I shall present that evidence to Dist Atty Matthew Brady with the recommendation thatlt constitutes ground for a charge of manslaughter on the basis of Investigate Deaths Meanwhile deputies investigated the deaths of two men who died shortly after taking baking soda for medicinal purposes Thursday and Friday They were Serge Borden 44 a painter and George Purnaris 44 a dishwasher Authorities said it was not likely their deaths had any connection with the case as the soda they used came from original packages League to Set Dec 16 As Date to Deprive Mussolini of Oil THREAT RUMOR DENIED Threats Against 52 Nations Imposing Sanctions Seen As Unavailing War Summary SOME Official announcement claims that entire population of Agaden region in Southeastern Ethiopia has submitted to Italy LONDON threats against 52 world nations members of league imposing penalties oh her for war against Ethiopia have failed com pletely as the countries reply emphasizing their stand against an aggressor GENEYAr-League of Nations general staff intends to name Dec 16 as date on which nations co-operating in penalties will deprive Italy of oil according to reliable sources Embargo also may be extended to other raw materials such as coal and iron FORT Marshal Pietro Bado-glio arrives en route to East Africa to take command of armies in Ethiopian campaign ADDIS ABABA Ethiopians mount war trophies on palace Bg Untied Brest ROME Nov 23 An official statement asserted today that the entire population of the Ogaden region in southeastern Ethiopia had submitted to Italy The population was said to 'be 80000 The Ogaden region is undemarcated It covers a large range along the Fafan and Gerer Rivers One Ogaden town is Daggah Bur which Emperor Haile Selassie of Ethiopia visited Wednesday By the asserted submissions it was announced 100000 square kilometres 38610 square miles) was added to the occupied area the richest yet conquered Will Protest Insult to Doctors Bg United Prut ROME Nor 23 The United States consul at Venice has been instructed to Investigate an attack by 200 Italian students upon two American physicians and their at Padua yesterday Breckinridge Long United States ambassador in a statement today confirmed United Press report of the ill treatment suffered by the doctors on vacation from the Mayo Brothers Clinic at Rochester Minn Formal protest will be made to the foreign office it was learned if the Venl'v consular report discloses that grounds exist It was understood that the physicians involved are Moersch and Bollman They left Padua today for Turin In an automobile escorted by police Hie students are believed to have mistaken the touring Americans for Britons seeking to conceal national (Continued on Page 10) RELIEF PLANS LANDS FAR FROM JOHNSON Bromley Sets Ship Down 100 Miles From Flier Harold Bromley famous round-the-world pilot was forced to land his ship carrying spare parts for Arthur daipaged plane more than 100 miles from the point where Mr Johnson is' stranded in the mountains to get the bodies of two huahua according to word received In El Faso today Mr Bromley was carrying a new propellor wheel and parts of the landing gear to repair Mr plane Mr Johnson damaged his plane on a mercy flight into the mountains to ge the bodies of two men killed in an airplane crash As a result of Mr Bromley landing so far from the wrecked ship Mr Johnson is not expected to reach Chihuahua before late today or tomorrow Friends said that it may be possible that the spare parts had to be carried by pack train over mountain trails You Too Will Why Not Try Long loved as favorite actress Mary Fickford will now become your favorite author as you read her frank stirring Inspiring story of her1 search for soul happiness All about her was bitterness and turmoil yet with bravery and faith she conquered obstacles and attained spiritual freedom after she decided to "try You will love Mary story which begins' Jury Is Sent Back Revise Faulty Findings To QUESTIONS SUBMITTED Carbon Copy of Law Sent In When Buschardt Jurors Hit Snag BULLETIN Judge Howe today refused to accept a verdict of two years suspended term for Ernest Buschardt a $120 fine and suspended driving rights for one year Judge Howe said the verdict was defective and meant nothing until amended A Thirty-fourth District Cburt Jury today reached a verdict shortly before 2 in the trial of Ernest Buschardt Glenwood Drive charged with failure to stop and render aid to Daniel Rasor 15 Returning the verdict in court was delayed Daniel and his brother Oscar II were killed by a hit-and-run driver Oct 27 Jurors sent out a note last night for a definition of terms and nnthr today asking: a person be guilty of unlawfully and wilfully failing and refusing to stop and render aid if he deliberately drove away from the scene of an accident without knowing what objects his automobile had In answer Judge Howe sent the jurors a carbon copy of the law The case was submitted on circumstantial evidence Witnesses testified that yellow paint similar to that on the little wagon in which Oscar was riding and which his brother was pushing down the street was found on automobile The case went to the jury shortly after 4 yesterday Judge Howe charged the jurors that if they find Buschardt guilty they may assess his punlshment at not more than five years in the penitentiary or not more than one year in County Jail or assess a fine not to exceed $5000 Judge Howe also Informed the jurors that they may recommend a suspended-sentence if they find Buschardt guilty JOHN LEWIS QUITS A OF POSITION Mine Leader Out Following Differences Bg United Press WASHINGTON Nov President John Lewis of the United Mine Workers Union today resigned as vice president of the American Federation of Labor notice of resignation was contained in a curt brief letter to President William Green of the Federation It market the latest move -in the bitter fight between Lewis an advocate of mass Industrial unions and Green and other old-line Federation leaders who support thq craft union systems Lewis did not Indicate what his next move would be Lewis resignation followed by 12 hours the delivery to him of bulky 25-page rebuke drawn up by the executive council of the Federation and attacking the -mine leader for his stand in behalf of vertical unions The rebuke was written by Green himself The Lewis-Green fight reached its height at the recent Atlantic City convention of the Federation niTLER IN WHO'S WIIO Bg United Brest BERLIN Nov Adolf Hitler's name appeared for the first time today in Wer the German Who 'His biography only nine Hn is one of the shortest in the book It is given the place of honor at tee beginning CABINET RESIGNS By United Press SOFIA Bulgaria Nov 23 The cabinet of Premier Andreas Tosheef resigned today Dr George Jlosue Kiossievenoff foreign minister was named to succeed him COMING! Soon you will have the opportunity to see the world-famous Dionne babies for the FIRST TIME in NATURAL COLOR coming to you in the FAMOUS BABIES Feature Section! which besides the Quins will contain photographs in rotogravure of the most famous kids Look for this special section Thanksgiving Day in The HERALD-POST First Trans-Pacific Player Wt No- Kirby-Smith 271 Nold (13) Peden (30) Walton 26 Folk (12) Referee Pat Murphy Abilene Chrlstain Umpire Bob Boney New Mexico Military Institute Jnwnntn Otiiol Martin Texas Chrlstain Field Judge Ed Price Texas University MATE PROVES ALIBI Was in New YoYk at Time Of Death of Pfayboy Friend Of Wife Bg United Press NEW CITY Nov 23 The castoff husband of 17-year old Mrs Mary Swope Philpot established an alibi today that eliminated him from connection with the kidnaping and slaying of Leroy Smith friend of Mrs Philpot who was found shot to death Thursday-near her-home in the Sleepy Hollow country Police said Luther Philpot 23 proved doubt that lie was In New York City during the time they believe young Smith was held captive and on the day he was killed The alibi left detectives without even a hint of means to identify and trace the slayer Philpot was questioned almost 24 hours because Smith apparently a small town Lothario proud of his conquests had told friends he was threatened with a wedding and planned to defy coercion When police established that he had dinner last Saturday night -at the home of Mrs Philpot and then disappeared they hunted up her estranged husband An autopsy Indicated that Smith was killed not earlier than Wednesday His clothing Indicated he was shot somewhere else and the body taken to a spot near the 16-room Revolutionary Period house where live Mrs Philpot and her mother Mrs Nicholas Salamon A suede jacket had been put on him and buttoned after he was shot Mrs Salamon a stylist and professional shopper ridiculed theories that her daughter was more Intimate with Smith than might be des crlbed by 600 Stanton St is a new fangled type The oranges lemons cherries limes and bells are smaller-than on the old type machines- They have fancy geometrical lines around them When the Jackpot is hit fellow comrades in the bar are of the fact and celebrations are in order An old style slot machine Is used in the restroom which is used jointly by the La Patoma Cafe 707 Oregon St and Yandell Inn No' 2 709 Oregon St COMMISSIONER ENDORSES TAX Ivey Says Advertising Levy Should Be Given Thorough County Commissioner Louis Ivey Fabens today endorsed the proposed advertising tax submitted for the Nov 30 election Sentiment in favor of the tax is increasing in the Valley he said I do not care to take sides in public Issues "Mr Ivey said Mbut it seems to me that anything for as worthwhile a purpose as the advertising tax certainly should be given a trial is worth trying This County needs a Mr Ivey pointed out- that Court is not forced to levy the tax if the proposal is voted next Saturday and that it can be worked out so as not to en- i (Continued on Page 10) I Players Donate Blood to Sajoe ounded Coach 7 Bg Associated Press LAKE CHARLES La Kov High school football players volunteered today to furnish blood for their coach Killen near death from a bullet wound allegedly in flicted by the father oya student he dismissed from the squad Police Chief PHes said Russell a draftsman summoned the coach from a pen' rally of 500 students last night Jfehot him below the heart and wounded himself in the head Chief lies players told him son Clifford was last fall after he was charged with breaking training rules and hazing of the youtty led the father to hold a grudge Miss A principal building nary to the elevens rection outside followe The Kelly secretary to the id Russell came to the the pep meeting prelim! scheduled game between Charles and Abbeville was in progress under di the coach me to call Mr Killen she said "and the shooting ootball game was called off HER ACQUITTED ASSAULT DEATH Jury Frees Defendant Upon Plea of Intoxication IF Lassiter Ft Bliss soldier was i cquitted by a County Court-at Law jury today on charges of aggravated assault against Emilio Ar-telejlo who died Oct 25 from a blouf on the chin rs Refugio Artelejo testified that hew husband was assaulted by a stri inger who entered the nm where Mr Artelejo was asleep Bne named La! siter as the stranger who entered hei home I assiter pleaded temporary Insanity iy reason of Intoxication Ite testified that he had been and that his mind was blaitk from 10:30 Oct 24 until Assti Dlst Atty John Penn questioned him in City Jail the next morning aggravated assault charges was filed against Lassiter after the County! Grand Jury reviewed the evldencis and sent the case to the County Attorney Ladies Room Slot Machines Foil He-Mah Sleuths Girls Seek Sudden Wealth in Back Rooms Of Cafes While Powdering Noses Fixing Hair and Gossiping Bob Ingram Picks All-Star earn The first all-star football team of the season appears today on The Ilerald-Post sports page It Is the annual combined all city and all district eleven chosen by Bob Ingram Herald -Tost sports editor The team was selected from the squads of -six schools embracing approximately 200 players Miss Your Football Final As usual The nerald-Post will publish a PINK Football Final this afternoon as soon as games of major Interest are completed Get details and late scores while they are hoi Atlanta New Orleans New York 68 Phoenix- 70 Roswell S3 San Antonio 68 8esttle 43 Denver EL PASO Kansas City Los Asielu El Paso and Vicinity i Unsettled tonight nnd tomorrow somewhat warmer tonight New Mexico unsettled tonight probably showers south portions cooler southwest portions unsettled tomorrow: Arisona unsettled tonight showers southeast snow or rain southeast portion cooler generally falv tomorrow: West Texts (west of 100th meridian) cloudy and somewhat un-settled tonight and tomorrow warmer tonight and 'southeast portions-tomorrow Safe from the prying eyes of he-man detectives and the undercover agents slot machine operators have found a new and profitable location for their nickel the very exclusive ladies' zest rooms Machines are played while ladles are powdering noses combing their hair or gossiping Slot machines were banned from El Paso by city officials several weeks ago The slot machine behind the cur-tain marked at place Thursday In the Herald-Post "S'.