Lincoln Nebraska State Journal from Lincoln, Nebraska • 2

of LINCOLN STATE JOURNAL, SATURDAY, MARCH 26, 1938 VETO POWERS OF THE PRESIDENCY COMINGTO A TEST Case of Dr. Arthur Morgan Expected Issue Before Supreme Court. BY KIRKE SIMPSON. WASHINGTON. (P).

The case of Dr. Arthur Morgan versus President Roosevelt, et. al, which may ultimately be decided by the supreme court, promises to bring not only presidential removal powers, but those claimed by congress in the Tennessee valley authority act, under judicial scrutiny. The case may be a new and crucial test in the long struggle for power between the executive and legisNative branches of government, a struggle that has continued ever since the constitution was adopted. The babble of argument over the president's removal of Dr.

Morgan has all but ignored a phase of the dispute that might prove more important to the future of the n8- tion and its governmental system than the fate of Morgan, or even of the vast experiment in the Tennessee river basin. That is the question whether congress can virtually thumb its nose at the veto powers of the presidency and by mere majority action remove federal employes from office thru adoption of a concurrent resolu- tion. Right of Congress to Remove. A provision in the TVA act, fathered by Senator Norris, says congress may remove TVA directors by concurrent resolution. A concurrent resolution does not require the approval of the president.

Thomas Jefferson's manual of parliamentary procedure, which appears in annotated as part of the house of rules, sanctions concurrent resolutions only when they are used as mere expressions of congressional purpose or opinion. They are held not to have force of law. If Dr. Morgan presses his case against removal to the supreme court, observers believe that tribunal cannot escape passing, at least by inference, upon the constitutionality of the claimed right of congress to remove TVA directors in such a way. Even to laymen, the constitutional foundations of the claim book lawyers could make in 8 doubtful, to say the What court argument is obvious.

Another provision in the TVA act directs the president to remove TVA directors if they select, or promote employes fore political reasons. -Critics of Morgan removal contend that congress retained exclusive powers in the political patronage circumstances cited. Certainly the courts will have to pass upon that contention when they reach the Morgan case. TRAIN RANGE INSPECTORS Group Schooled Here on Dams, Tree Planting. NORTH.

-Ivan D. Wood and Clayton Watkins, schooled a group of range inspectors from this section of Nebraska regarding construction of contours and dams and the planting of trees the 1938 range program. Picking out the kind of a slope to be contoured is as important as the contouring, and choosing a site for a dam is more essential to the success of the job than the size or shape of the dam itself, says Wood. Inspectors must help county committees approve pasture contours and dams in the range program. Watkins, who has charge of Clarke-McNary tree distribution and other forestry work in Nebraska, discussed tree culture.

While it may be: possible to Stick in trees and get them to grow some years, he said, those who have made the trees grow in the last ten years have planted them carefully suitable land and have cultivated them. Young trees must be protected against livestock by 8. good fence, and against rabbits and grasshoppers by poison bait. WINS OWN DIVORCE. OMAHA.

For two weeks Mrs. Mary E. Tillotson, 25, of Omaha sat in domestic relations here and watched the proceedings. Friday she tried her own divorce, William case E. and won Tillotson, a who decree is serving a life sentence in the Nebraska penitentiary for the slaying Walter Adamson, prominent Cherry county rancher, near Valentine, last Armstice day "You have presented a better case than a lot of lawyers," District Judge Rhoades told her.

"Divorce granted." TROPHY TO HASTINGS HIGH Win Grand Prize at Kearney -Genoa Takes Second. KEARNEY, Neb. (P). Hastings high school, with 59 entrants, captured the grand trophy Friday in the 11th annual state inter-high school conducted by the Kearney contests, Teachers college here. The winning school scored 147 points in the various academic, vocational, cultural and sports contests which 60 other Nebraska high schools were entered.

Genoa was second with 84 points, and topped all other small schools to win the master trophy. Crete was third with 55, Cozad, fourth with 37, and Shelton and York tied for fifth with 36 each. A reception and an- organ recital was held for participants in the afternoon after conclusion of competition in academic and vocational divisions ranging from livestock judging to music. Holdrege and Bertrand won the grand and master trophies, respectively, last year. STOCK MARKET GOES ON A SELLING SPREE Prices of Securities Topple to Lowest Average of Three Years.

NEW YORK. The heaviest of a series of March selling gales toppled stocks $1 to more than $5 share to the lowest average prices in three years. At the close of the worst day the market had experienced since last November, little remained of the many billions of dollars added to" quoted values on the two year upswing running from March, 1935, into March last year. When previous support levels cracked under the surge of offerings, many margin traders who had survived decline or had entered meanthe autumn, while, found themselves. in difficulty.

Brokers reported increased liquidation from impaired margin accounts as kingpin issues of the industrial groups were bowled over for sharp losses. Bethlehem Steel, a recent speculative favorite on war spending prospects, crumbled for. a loss of about $5 a share at $47. U. S.

Steel plunged $4 to $44.75, Allied Chemical more than $8 to around $141, Chrysler $4 to $42.50, Westinghouse Electric $6 to $71, Anaconda Copper nearly $3 to around $26, Eastman Kodak $5.50 to $131.50 and Sears Roebuck $3.50 to $50.50. So heavy was the selling toward the finish, the stock' exchange ticker was about four minutes late at the closing gong. Transactions totaled 1,677,340, shares the largest since Jan. 10, compared with 890,160 Thursday. The Associated Press composite price of 60 stocks was down $2.10 at $36.70.

The advance in the early spring of 1935 started from around $35 and carried above $75 last year before it passed the crest. Thus more than half the market values attained at the recovery peaks have been swept away in the last year. Finding nothing concrete in the day's news to explain the severity of the break, market analysts saw the fall as an extension of the March decline, aggravated by distress and stoploss selling touched off by the undermining of previous support levels. Deeper the background they saw disappointed hopes for vigorous spring business improvement. TEAM UPSETS WINDMILL.

ST. EDWARD, Neb. (A). William McCool, farmer near here, left his team hitched to an empty hay rack while he went into the house. The horses became frightened, dashed across the yard, and struck a corner of a 40 foot steel windmill tower.

The tower crashed to the ground, and the horses continued their flight until they freed themselves of wreckage in an adjoining field. SEEKS $25,000 DAMAGES. WAHOO, Neb. (P). Orville Motfit of Ashland filed suit in district court here for $20,000 against Ralph Dean and Donald Robinson of Ashland, for injuries allegedly received in a highway accident near Ashland last December.

Moffit's petition charges Robinson with negligently operating a truck owned by Dean, so as to strike and injure him as he walked beside a wagon. 57TH ANNIVERSARY. WINSIDE, Neb. (UP). Mr.

and Mrs. William Prince of near here observed their 57th wedding anniversary with a family gathering. Friends called remember the pioneer couple the occasion. ton The Prince. family located near Winside in the early days.

MUSSOLINI PROMISES TO SAFEGUARD TRIESTE Cause of Concern Growing Out of Union of Germany and Austria. ROME. (P). Premier Mussolini promised to safeguard the interests of Trieste, former Austrian seaport which has been alarmed by economic difficulties growing out of the union of Austria, and Germany. Speaking delegation of fascist party leaders from Trieste, il duce said he would pay the city first visit since the advent of fascism.

"Il duce told mita told the delegation that in view of the new international situation the interests of Trieste would be safeguarded diligently by the fascist government," a communique said. The city, which had been one of Austria's chief ports, suffered in post war years because of separation from Austria and a slump in commerce in the upper Adriatic. Austro-German union has raised alarm both in Trieste and Fiume, another former Austrian port. The two ports saw a danger that after the union what little trade had a been left for them would be rerouted thru the German cities of Hamburg and Bremen as a result of Austria's new enjoyment of German freight rates and relief from customs duties. German plans to invest in improvement of Danube river navigation were considered a menace to trade in the Fiume-Trieste region.

Such improvement would provide an excellent ship route from Vienna and Budapest to Rumania, Bulgaria, Turkey and Greece by way of the Black sea and the Dardanelles. ports Italian collaboration A hope, was raised in Adriatic with Germany, thru the RomeBerlin axis, would make possible some arrangement, for giving Trieste benefit of some of the Austrian traffic. DEATH OF CATHOLIC BISHOP Thomas 0. O' Reilly, of the Scranton, Diocese. MIAMI BEACH, Fla.

Catholic. Bishop Thomas C. O'Reilly, head of the Scranton, diocese, died Friday night of a cerebral hemorrhage. Stricken Friday morning, thru Bishop the O'Reilly declined steadily day. He had suffered a previous stroke about a year ago, NEBRASKA DEATHS.

William Green Lee, Green Lee, 82, a nephew of Gen. Robert E. Lee, died here after attending church twice during the day. Funeral, services ard burial took place Thursday, Rev. F.

E. Blanchard officiating. Surviving are his wife, to whom he was married nearly 60 years; seven sons, a daughter and several grandchildren. C. E.

Killion, AURORA, E. Killion, 78, died at the home of his only daughter, Mrs. Giles Perry, following a stroke on Sunday. Funeral services will be held Saturday at the Methodist church in Phillips at 2:30. Mr.

Killion was county commissioner in the Philipps district of Hamilton county from 1923 to 1930. Mrs. Killion died ten years ago. Louis P. Larsen.

KRONBERG. Neb P. Larsen, 88, died at his home here. Born in Denmark, Mr. Larsen came to Nebraska in 1879.

Funeral services will be held from the Kronberg, is church survived Sunday by at Mrs. 2 Walter and Mrs. Hans Hoegh and Amelia Larsen, daughters, and Everett Larsen, son, IN BUSINESS 50 YEARS. BENEDICT, Neb. August Schneider celebrated the 50th anniversary of his entrance into the mercantile business March 19.

He began business here, store in Henderson, in partnership with his brother. In In In 1897 he opened the general store at Benedict. Many congratulatory messages were received during the day, and a number of former business associates drove long distances to extend congratulations, among them a miller from whom Mr. Schneider has purchased flour for 44 years. BREAKS ARM AGAIN.

CLEARWATER, Neb. (P). Bonnie Lou, 10, daughter of J. E. Medcalfe, suffered a broken arm one year ago when her saddle pony shied, throwing her as she rode to school.

The other day the same horse shied at the same place and Bonnie Lou suffered another broken arm bone near the first fracture. NO LACK OF FEED SUPPLIES Ample Corn to Last Thru the 1938-39 Season. WASHINGTON. (P). The bureau of agricultural economics reported that present prospects indicated the United States would have ample corn and other, supplies during the 1938-39 season.

It also predicted that, if yields this summer are near average and there is no sharp change demand situation, feed grain "price, during the coming marketing year may not average greatly different from those of the current marketing Altito a below average proof feed grains--assuming a normal growing season indicated, the bureau said the smaller production probably would be offset largely larger surpluses from the 1937 harvest. HUEY LONG'S BROTHER IN LINE FOR GOVERNOR May Succeed to Office Now Held by Prospective Federal Judge. ATLANTA. (P). A brother of the late Senator Huey Long may become governor of Louisiana.

The possibility developed in political speculation over the gubernatorial campaign in the south already marked by a democratic feud in Tennessee and a South Carolina race crowded by seven winter book entries. Earl Long is the man of the hour at 'the Baton Rouge statehouse built in the Kingfish's administration. He is lieutenant governor. Richard Leche, the governor, has been mentioned frequently for appointment to a newly created federal judgeship in the eastern district of Louisiana. President Roosevelt signed the judgeship bill last Friday.

Leche is a new deal adherent. If Leche steps out Earl Long will be in line for the remainder of the term in the chief executive's chair. There it would be determined how his views compared with those of Huey Long, share the wealth advocate who was killed by youthful critic in 1934. The Louisiana primary is set for Sept. 13.

Outstanding among gubernatorial campaigns in six other southern states, where democratic nominations normally mean election, is 8 three, cornered Tennessee struggle which republican leaders regard with enthusiasm. Gov. Gordon Browning, who commanded a battery of the 114th field artillery in France, and State Senator Prentice Cooper, who won a commission at Fort Monroe, are opposed in the big push, with the fight centered about the Shelby county (Memphis) political stronghold of E. H. Crump, democratic national committeeman.

Roy C. Wallace, former state comptroller, is the third entrant. Howard B. Shofner, Tennessee republican chairman, said "there is a strong indication" of victory for the G. O.

P. ticket (as yet unannounced) in democratic strife. "Each (faction) is correct," Shofner said, "in its statement that neither should be permitted to have charge." Personalities were the force in the crowded contest for the governorship of South Carolina. Seven men were out for the job which they Gov. Olin Johnston expected.

8 senatorial race with E. D. "Cotton Ed" Smith. SCORES BRYAN PLAN. OMAHA.

(P). A. W. Gordon, chairman of the executive committeen of the Association of Taxpayers, asserted the $5,000 homestead exemption plan being fostered by former Governor Bryan would work an injustice on the small home owner. "Modest homes in outlying districts owned by the working man will receive the minimum amount of the benefit," GorOmaha Kimanis club, "while substantial homes of the well to do will receive the maximum amount, and as an offset, the wage earner will be called upon to assume a sales tax in addition.

TO VOTE ON BOND ISSUE. FRANKLIN, Neb. (UP). Chief interest here the April 5 municipal voting approaches, 1s in the matter of voting $12,000 in bonds to match federal funds in erecting a combination auditorium, gymnasium and Smith Hughes shops building for the high school. RESIDENCE DESTROYED.

ORLEANS, Neb. (P), Fire which spread after an oil burner overflowed, destroyed the home of Mrs. Joshua Wallace here, high wind handicapped firemen, who estimated the damage at about $1,500. The loss is partially insured, Mrs. Wallace said.

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10 AT YOUR GROCERS S. EXPORT TRADE SHOWS LARGE GAINS Figures for February Far Exceed Imports; Tripled Compared With 1933. WASHINGTON. The world poured $99,648,000 into American pockets in February, the commerce department reported Friday. Foreign demand for United States goods reached the highest point in several years and thus tended to strengthen national purchasing power at a time when officials and business men alike were groping for a recession cure.

Since the first of year, this country has sold $218,355,000 more goods abroad than it has bought, whereas in the similar period last year the United States bought $62,364,000 more than it sold, due to food purchases after the 1936 drouth. Compared with 1933, February exports have nearly tripled and imports doubled. total of $262,733,000 worth of American goods was shipped out of the country February, as compared with $233,125,000 0 0 worth in the same month last year. Imports declined to this February from $277,709,000 in February, 1937. Altho domestic automobile sales have been affected by the recession about as severely as any line of trade, February exports of motor vehicles higher than a year ago.

The results of 1937's improved crops also showed up in this February's exports of 033,000 worth of grains, This compared with imports of $9,579,000 worth of grain in February lastyear. World armament also was a factor, Airplane metal and oil exports were substantially higher. However, shipments of certain other raw materials, including cotton and rubber products, have declined. the buying side, America imported smaller quantities of vegetable oils, coffee, cocoa, furs,) hides, rubber, raw wool, silk, precious stones, metals fertilizers. Altogether, imports of manufactured foods, decreased percent, and of finished manufactures, 21 percent.

AUBURN FIRST IN CONTEST Win High Honors in Dra- matic Arts Tournament. PERU, Neb. (P. Auburn high school ran away with the class A trophy in Peru State Teachers college's M.I.N.K. dramatic arts tournament Friday, colletcing points -eight more than Nebraska City which finished second.

The results: Oratorical declamation: Supefior, Bert Smith, Auburn: excellent, BIll Nebraska; good, Lorance Buffington, Glen wood, fair, Claude Marshall, Pawnee City, Marie Pinckert, Tecumseh. Humorous declamation: Excellent. Jean Blessing, Tecumseh; and Hayden Walker, Glenwood; good, Starline Whitmore, Auburn, and Katharyne Crawford, Pawnee City, Hohensee, Dramatic declamation: Fair, Carlene Auburn; Buddy Barker, Pawnee City, and Prudence Buffington, Glenwood. Original oration: Excellent, Tod Hubbell, Auburn; fair, Wilber McNeely, Glenwood. Oral interpretation: Excellent, Jo Ann Van Horne, Pawnee and City; Lorance good, Meredith, Jimerson, Auburn, Buffington, Glenwood; fair, Dean Thompson, Nebraska City.

One Act play: Tecumseh, superior; braska City, excellent, and good. CEDAR COUNTY FILINGS. HARTINGTON, Neb. (P). With the sheriff and attorney offices most popular, 13 candidates have entered the 1938 political race in Cedar county to date.

They are: For county attorney--Joseph G. Rogers, Randolph (democrat): Philip H. son, Hartington (republican; and George E. Ready, Hartington (republican). For county sheriff-Frank Podhalaky, Hartington (democrat); H.

B. Uhing, Hartington (democrat); Lindsay Case, Hartington (republican), and Ralph E. Clements, Hartington (republican), For -commissioner, First district- Frank H. Arens, Hartington (democrat, incumbent); Walter Dresden, (democrat). For commissioner, Second districtWilley, Coleridge (democrat, incumbent).

For commissioner, Third district- Albert Mauch, Fordyce (democrat, incumbent); Joe H. Promes, Wynot (democrat); Alfred Anderson, Hartington (republican). FRATERNITY IN INITIATION Journalism Group Takes in 15 Members. Fifteen men from the School of Journalism were Sigma Delta Chi, initiateessionte journalism society, Friday evening at the Lincoln, hotel. Ralph Reeder, editor the Nebraska Alumnus, was also taken into the society as an associate member during the ceremony.

Prof. Gayle C. Walker, head of the school, spoke to the group on the aims of the organization and its worth to graduates in journalism. Reeder spoke briefly and in a satirical vein on the wisdom of his being taken into the organization as an associate member. The initiation was in charge of Prestdent James Murray and Morris Lipp.

A banquet followed the initiation. The new members: Robert Dreibus, Bruce Campbell, Dick DeBrown, Russell Weber, Dale Johns, Lawrence Griffing, and Gene Barrett, all of Emery Lincoln; Hoenshell John Stuart of Lexington; Harms of Fremont; Fred of Gooding, Robert Rupp of Aurora; Joe Zelley of Omaha; Marston Reed of Torrington, Tim Grand Island: Merrill Englund of Tekamah, and Ralph Reeder of Lincoln. DIES AFTER LONG PROTEST Ohio Condemned Man Indicts Penal System. COLUMBUS, 0. (P).

Everett Jones, who had lived 19 of his 33 years behind prison bars, died in the electric chair at Ohio penitentiary with this protest: "Ohio, I am a product of your prisons." The execution reduced. Ohio penitentiary's unprecedented "death row" population to 12 men and one woman. Jones was convicted of shooting to death Robert Lindsey, 8 Jeffersonville pool room proprietor, in a holdup last July. 4. Standing before the electric chair, he read for five minutes from a 650 word statement.

"It is my sincere belief that before many years, a more humane method of penology will be evolved. It will be modeled upon the Russian communes," he read. "It will not then be necessary to lock thousands of men in cells and permit to rot their days away in idleness. This is a crucifixion, An execution. But no one raises their eyes to look at individual convicts any more." DUNDY COUNTY FILINGS.

BENKELMAN, Neb. Fourteen candidates have filed for Dundy county offices, to the August. primary elections They Treasurer- C. Andrews Magnus Fries, Artist Lloyd (r.) E. incumbent.

Boswell (r.) and Clerk--Frank Woodward Orlis Kauffman T. E. Maranville and Harold Haskins Incumbent. Commissioner, Second district-T. M.

Hardwick incumbent, and Lloyd E. Streup' Commissioner, First district Frank and A. O. Weigel Superintendent E. Logan, incumbent.

Sheriff--Chester W. Crosby (d.) and A. W. Woodworth incumbent. TWO MEN DENY THEFT.

CENTRAL CITY, Neb. (AP), J. O'Brien, 22, Casper, James Casey, 60, Denver, and John Harris, 37, a transient, pleaded innocent at their arraignment here on charges of grand larceny. County Judge McCutchen their preliminary hearing for next Monday and fixed bond at $2,500 each. The charges were filed in connection with the alleged theft of two suits from a clothipg store here Wednesday.

They were arrested the same day at Fullerton, TO FIGHT NEW TAXES. FALLS CITY, Neb. (P). Plans were made here to raise an additional $200 to aid the Nebraska Taxpayers' league in fighting new forms of taxation. Previously $200 had been pledged by a temporary taxpayers' organization here, P.

B. Weaver, H. C. Zoeller and H. M.

Jenne were named on a committee to sponsor the drive. ROTARY CLUB ELECTS. HOLDREGE, Neb. (UP). H.

N. Read, principal of Holdrege high school, was elected president of Rotary here Thursday. Dick Brown was elected vice president and Bob Maddox secretary. WE GIVE S. H.

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The bill claims that the state board of irrigation, highways and drainage on July 20, 1914, granted its application for an appropriation, of Middle 1,000 Loup cubic feet waters, per to second be taken at a diversion dam to be erected in Howard county. The alleges that the entire river at the complainant, point of diversion since the year 1916, except in times of flood which occur only a few days of each year, has been less than 1,000 second feet, that during the Wants Compensation for Any Loup Waters Diverted by: Middle Loup Project. GRAND ISLAND. (P). A bill in four months from June to September, inclusive, the flow varies from about 300 to 540 second feet, and that the average flow without interference will average not more than 500 second feet.

The respondent corporation, it is alleged, now threatens to di-. vert 46,338 acre feet of water for irrigation purposes, with permanent loss to the stream during the time such water is taken. The complainant alleges that its generating equipment will not operate with a flow at the penstock of less than 200 cubic feet per second, and will not operate efficiently unless the flow at all times is greater than 300 second feet. The power company alleges it notified the respondent district and the former claimed right to, full compensation for its loss and damage before any water is taken by the power and irrigation district, and 16 alleges that if the respondent district is permitted carry out its plan the Central Power company will be deprived of its property without due process of law. TO PROBE FLAXSEED.

WASHINGTON, (P). The senate adopted Friday resolution by Senator N. directing the department' of agriculture to investigate. "the the price influences of flax- and Keeping, seed under parity." Miserable Head Cold? Apply 2 drops Penetro Nose Drops- each nostril- every breath brings relief. Contains ephedrine -has "astringent-like" action on membranes--helps stop.

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