" 1 I CHEERY EARFUL I
THE WEATHER The » mu* m. • I
jsm t ,he : xl r, £*£ «rz I
S -sw,ssss 3* as a: t&^ssL a I
K * been on a three and four-day basis. M
FORTY-FIRST YEAR—No. 69 BROWNSVILLE, TEXAS, THURSDAY, SEPTEMBER 22, 1932 EIGHT PAGES TODAY 6c A COP'SJ I
COUCH INDICTMENTS ARE DISMISSED
U ********* *********************** * m
HARBOR PROJECTS ARE ONE
step further along as the result of
the signing by the governor of
Senate Bill No. 49 which remedies
the question of title raised by the
federal government to the chan
nel and spoilage disposal areas.
Relinquishment by the state of
any possible oil rights in connec
tion with these areas will not cost
the state anything and will satis
fy the government.
So that is that.
The bill, pushed by the Browns
ville Navigation district following
conferences with Douglas Mc
Gregor, assistant U. S. district at
torney, benefits alike both the
Brownsville and the Port Isabel
8an Benito harbor projects.
Alike benefitted. also, are all
navigation districts by House Bill
No. 81. approved by the governor,
which qualifies these districts un
der the self liquidating clause of
the federal law authorizing loans
by the Reconstruction Finance
Officials of the Brownsville dis
trict have made r.o secret o! their
Intention of applying to the R. F.
C. for a loan which will enable
t% district to get Its project un
Now that the last legal barrier
has been hurdled. It is not too op
timistic to say that chances for
some action in the immediate fu
ture appears more than passing
• • •
GOOD NEWS COMES FROM
all Valley points—
Where citrus has been #t;pected
and subjected to the state test.
Fruit is running to the larger
96s and better, according to all
Which, if your memory will
carry you back to last season.
When a plentitude of small sized
Cut down the price to Valley
growers and shippers—
Means better prices this year.
All other things being equal.
Not speaking as a Pollyanna—
But as one who believes in the
Valley through 18 years of resi
We maintain that all signs point
to the approach In the near dis
tant future— .
Of times so much better than
they have been—
That they deserve to be called
It's largely up to us and the way
In which we get going.
THOSE WHO ARE INCLINED
to think that the country has gone
radical with a bang were probably
upset in their calculations when
thwt read the returns of the Re
publican primary in Wisconsin.
The LaFollettes have long bf#n
pictured as the country's leading
exponents of liberalism.
And the LaFollette who is now
governor was defeated for the GOP
nomination by Walter J. Kohler.
Sen. Blaine, backed by the La
Follette group, also went down In
Tlie country has not gone rad
ical—the country is simply against
those who are in—not particular
ly for those who are out.
Check the election returns, not
only the Texas returns where this
certainly held true—but the re
turns from all sections of the coun
try. and you will find that almost
without exception this is a mighty
poor year to be asking for re-elec
tion. whether you be a candidate
for constable or for U. S. senator.
The discontent vote is in power
• • •
KOHLER AS GOVERNOR OF
Win bring back memories to the
Of the days when Wisconsin de
cided that the Valley,
Was drawing too many of Wis
consin's citizens to itself.
And stopped Valley land com
panies from operating up there in
the dairy’ state.
That little matter has been set
And Texas and Wisconsin have
sipped the loving cup.
Smoked the pipe of peace.
An# are going arm and arm
along the paths of friendship.
Fliers At Dallas
DALLAS. Sept. 22 Three
Cuban army goodwill fliers land
ed today at Hensley field, the armv
airport near Dallas, after hopping
from Sau Antonio. They were er
route to Washington and planned
to continue their Journey at noon
Rumor Brownsville Navigation Dissolution Try I
A#___— ■— - - . ----- --- ----- V _ 1 H
Movement Seek* Bond
Rumors that opposition candi
dates to the present commission
ers of the Brownsville Navigation
district would be put in the field!
at the next district election on a
platform pledged to the dissolution
of the district were today partial
ly affirmed by some whose names
had been connected with the
Others who had been identified
by rumor with the program re
fused to talk for publication.
Candidates Not Chosen
All questioned concerning the
rumored opposition ticket and its
i platform calling for the dissolu
! tion of the district stated that r.o j
l candidates had been definitely j
According to information re
| cened by The Herald from various
, sources, it is planned to put an
opposition ticket of three in the
j field, and prospective candidates
' who have been approached by j
leaders of the movement have been
I questioned closely as to their at
titude towards dissolution.
Confirmation of the rumor that
a sentiment was bemg worked up
in favor of the dissolution of the
1 district was given The Herald by
C. C. Wentz, who stated that he
had heard talk in the El Jardm
district of such a movement "on
condition that the Port Isabel har
bor project goes through.”
i Mr. Wentz, whose name had
| been mentioned as one of the
candidates for navigation commis
sioner, stated emphatically that he
is not and will not be a candidate
for the office.
Judge E. I. Bucklin of Los Frcs
i nos told The Herald over the |
, telephone that "there has always
■ been talk of an opposition ticket"
, to the present commission, but
. stated that he had not heard of
• Continued cn rag-.* tfevt-n*
(Special to The Herald)
I AUSTIN, Sept. 22 — Senate
Bill No. 49 and House Bill 81. both
! sponsored bp the Brownsville Navi
gation district, have been signed
by Gov R. S. Sterling.
Under the terms of Senate Bill
No. 49 the state relinquishes any
i right to possible oil and gas pro
duction in the channnel and
1 spoilage disposal areas of the
Brownsville or Port Isabel-San
Benito port projects.
The bill was introduced following
objection to the title to this prop
erty by DourIss McGregor, as
sistant U. S. district attorney, who
examined the titles for the federal
House bill No. 81 is designed to
enable the Brownsville and other
navigation districts to qualify un
, der the self-liquidating terms of
the law authorizing loans to such
districts by the Reconstruction Fi
No change in the date of holding
the election of commissioners s
contained in the bill as finally
signed by the governor. The ori
ginal draft of the bill provided that
; commissioners should be elected In
July. 1933 and in succeeding odd
Gov. Sterling is understood to
1 have objected to this provision and
1 to have sent the bill back to the
; legislature where the provision was
removed and one substituted which
places the .'ection in December,
, 1932. as has been the case with the
i Brow-nsville Navigation District
; since its organization.
As Bank Robber
SAN .ANTONIO. Sept. 22.—UP'—A
trail of $20 bills, followed from Crys
tal City to San Antonio and other
Koints. led to the arrest of a negro
ere last night in connection with
the theft of $3,000 in cash from the
i Zavala County State bank.
I The theft occurred a month ago,
: it was learned, when the money
' was believed to have been inad
j vertently dropped in a waste basket
beside a teller s cage, but its loss
! was not discovered until several
days later when accounts of the
: bank were checked.
The John Hanson post of the
American legion will hold its reg
ular meeting at 8 p. m. Thursday
, at the Legion hall.
Several subjects arc due for dis
1 cussion. Some iniormation in re
gard to the National convention
jusr closed in Portland is expected
to be received. All former service
; men are urged to attend.
r- ■ ■■■ ■■ i ■■ ■ "i
With $1000 she picked up in
her father’s bank in German
town, Wis., Mae Bruss, 12, be
low, and her chum. Pauline 1
Dunst, 15. above, both of Ce
darburg, Wis., wont on a two
weeks’ spending spree wliile po- .
lice sought them as kidnaped.
Five-dollar tips to taxi drivers !
were the girls’ undoing when
cabmen led police to their fash
ionable apartment in St. Louis.
They admitted having spent
$856 buying clothes and candy,
traveling and stopping at lux
5 YEARS GIVEN
IN DEATH CASE
Youth Convicted of Murder
At San Benito
Inocenclo M. Gonzalez. San Be
nito youth, was given live years in
the penitentiary for the murder of
Jesus Pena, f6 lowing his convic
tion by a jury in the criminal dis
trict court here Wednesday after
An assault charge, in connection
with the wounding of Antonio Pena,
brother of the deceased, remains
pending against Gonzalez.
Testimony showed that Gonzalez
shot Jesus Pena to death at a dance
in San Benito and also wounded
Gonzalez claimed that the two
brothers had persecuted him fol
lowing a cotton picking trip with
The defendant said one of the
brothers took a bottle of liquor
away from him at the dance, say
ing “This stuff is for men—not
boys.” Gonzalez said the man drove
him away from the dance, threat
ening him with death if he return
ed. The defendant testified that he
went home, obtained a pistol and
returned to the 'lance
Assault to murder charges aeaiti'*
Miguel Tijerina were reduced to ag
gravated assault and the defendant
pleaded guilty, paying a fine of $25
The old murder count against
Reuben Cortez is scheduled for trial
Friday. The case was called Thurs
day but absence of Cortez’ attorney.
H. L. Yates, prevented it from going
to trial. Cortez was indicted in 1922
for the murder of Fernando Me
drano. He fled and was caught
about a year ago. The defendant
was tried at the past term of court
but th? case -exulted in a mistrial.
The court will continue consider
ation of jury cases for the next
Big Spring Women
BIG SPRING, Sept. 22. <JPy—
Lightning killed Mrs. J. C. Ulmer
and rendered her husband un
conscious yesterday near their
home north of Big Spring. They
had been picking cotton when a
violent electrical storm occurred.
They were struck as they ran for
shelter. Mrs. Ulmer was 37. Her
husband regained consciousness in
about an hour.
DALLAS. Sept. 22. —UP)— Miss
Amelia Walton, of Heame. was
killed last night when the car in
which she rode collided with a cot
ton seed truck parked on the side
of the highway near Lancaster.
Four other occupants of the car
‘Have Right To Hold
. Says Leader
DES MOINES, Ia., Sept, 22.—(IP)
—Milo Reno, national president of
the Farmers’ Holiday Association
which is conducting a ••strike” for
higher prices, has asked Iowa farm
ers to assemble here for a “protest”
parade Oct. 4 when Pres. Hoover
is scheduled to deliver a campaign
address. He said he hoped 20,000
farmers would take part.
”We have a right to hold Presi
dent Hoover responsible for exist
ing conditions,” Reno told mem
bers of the Iowa Farmers' Union
"It is time" he said, "that we
educate those responsible for this
this condition of agriculture. We
have a right to portray the real i
conditions that exist in this coun
Meanwhile. Sen. Smith W Brook
hart was delivering an attack on
the administration. Wall Street
and the banking system at a farm
gathering at Moville. la., attended
by agriculturists from northwesv
Iowa, nearby communities in
Minnesota and South Dakota.
The senator declared for federal
purchtse of surplus farm products.
He said congress should appropriate j
five miilwn dollars for handling
the exportable surplus and urged
fhe holding of a special session o!
congress to deal with the farm
The farmers present adopted a
legislative program in which they |
urged a special session of congress,
an immediate moratorium on farm
chattel mortgages, an increase in
the amount of currency, refinanc
ing of agricultural loans with the
control of the refinancing agencies
resting with the farmers, a public
construction program, repeal of
"nuisance" taxes, and prices for
farm products “at least equal to
the cost of production."
Farm strike activities, meanwhile
mere quiet, little activity was noted
at Worthington. Minn., scene of
picketing early this week, and at
Montevideo. Minn. where 200 farm
ers established picket stations ves
terdav. only one minor clash ma^
HOUSTON. Sept. 22. —1&\— The
body of a woman identified as Miss
Eloise Haden. 35, of Dallas, was
held in a morgue here today while
police and Justice Campbell R.
Overstreet pieced together circum
stances of her plunge from the 12th
floor of the Gulf Building here yes
Investigators reported Miss Haden
came to Houston only 20 minutes
before her body was seen to hurtle
through the air and strike a crowd
ed sidewalk. Death was instanta
AUSTIN. Sept. 22. The
suit of Governor R. s. Sterling
against Mrs. Miriam A. Ferguson,
involving the democratic nomina
tion for governor, was dismissed
without prejudice on motion of
the plaintiff this afternoon.
M. M. Crane of Dallas, attorney
for Gov. Sterling, filed the mo
tion. s. A. Philquist, Travis coun
ty district clerk announced.
Philquist said Crane requested
the clerk's offic** attaches to re
main in the office tonight, indi
catiBR a ne\. suit would be filed
to replace the original one.
Gov. sterling contended in his
suit that he had received a ma
jority of the votes cast in the
August 27. runoff primary. Mrs.
Ferguson had been declared the
nominee by the party state con
vention by a majority of more
Dist. Judge W. p. Robertson
acted on the motion to dismiss.
Judge Robertson is an appointee
of Gov. Sterling and an uncle of
former Gov. Dan Moodv, who
campaigned for the governor. It
was considered Lkely a new suit
would be filed in another court.
It had been expected Gov.
Sterling's attorneys would file an
amended petition today to the
original document setting up the
l complain w
POONA. India. Sept. 22. (AV
Prospects for a speedy settlement
of Indian electorate issues which
would end Mahatma Gandhi’s
hunger strike were reported this
evening by members of r. special
committee of caste Hindus and
representatives of the best class
The entire committee visited
the mahatma in his cell and
talked with him for two hours.
“We had a long, satisfactory,
heart-to-heart talk with Mr.
Gandhi.” said one of them as
they left, ‘and we hope to re
turn tomorrow with a final set
In the "condemned” cell of
Yeroda Jail, to which Gandhi
was moved yesterday because it
offered more commodious quar
ters for the many visitors who
came to see him, the spare and
emaciated leader of India’s mil
lions continued to squat cross
legged on a webbed cot, but his
voice was growing weaker when
the last of his callers left him last
Automobile Theft, Assault
To Murder Added In
Two more Indictments have
been returned against Van Tur
man. Waco man already indicted
on a conspiracy charge growing
out of the affair in which Ed
Chance was shot and killed at
One of the indictments charges
Turman with theft of an automo
bile from William Mootheart of
Edinburg and the other charges
him with assault to murder in
connection with the shooting at
The fire of Nightwatchman
Boynton Flemming was returned
after Chance had been shot. The
car in which Chance was killed has
been identified as one stolen from
the Edinburg man the day pre
G. C. Ellis, former manager of
the Brownsville water and light
plant, Fred Turman, N. L. Sm’th
am and Leo McNeese are the oth
ers charged in the conspiracy to
burglarize indictment returned yes
rd & v
The grand jury completed its
work for the term Wednesday aft
ernoon, returning 14 true bills.
Content of these bills have not
been made public, pending arrests.
Dies In Wreck
(Special to The Herald )
HARLINGEN. Sept. 22. — Roy
Coats, operator of a market here,
was killed late Wednesday when his
automobile overturned on a dirt
road near San Benito.
Coats was alone at the time.
Doctors said death probably was
J. T. Virdell. near whose home
the accident ook place, said Coat's
head was jammed between the door
and body of the car.
There' were no witnesses to the
accident. Coats is survived by nls
widow and one child.
On Theft Charges
WINNIPEG. Man.. Sept. 22.—</P)
—John A Machray. former bursar
of the University of Manitoba,
was sentenced to seven years' im
prisonment on each charge today
after he had pleaded guilty to
theft cf *901.175 frcm the university
and of $60,000 from Heber Archi
bald. his former law partner. The
sentences will run concurrently.
Feeble and ill. Machray made his
third court appearance this morn
ing. He leaned heavily on his cane
as he rose while the charge was
Mr*. Borah Worse,
BOISE. Idaho. Sept. V2.—UP\—
Th« condition of Mrs. William E
Borah, wife of the senior senator
from Idaho, grew worse today un
der an attack of psittacosis or
Her physician. Dr. Ralph Falk,
said she had not held the Improve
ment she exhibited yes erday. Her
condition was more toxic, he said
and her temperature was up again
Three physicians were called In
' to consultation on the case. . -
G 0 P HARMONY
Creager - Grant Tiff
Blamed for Open
DALLAS, Sept. 22. <&■—George
W. Armstrong of Fort Worth,
independent candidate for gov
ernor, said today he expected to
receive the votes of three-fourths
of the republicans of Texas in
the Nov. 8 general election,
BY R W. BARRY
AUSTIN. Sept. 22.—(JP>—All Is
not harmony within ran’. : of the
Texas republican party by any
means. The democrats are having
one of their major internal rows
of all time over the gubernatorial
nomination, but the Grand Old
Party dandies are fretting a bit
over a rucus in their ranks.
A faction has become disgruntled
over the party's nomination of
Orville Bullington of Fort Worth
to carry' the gubernatorial banner.
The complaint has gone forth, as
it has many times, that R. B.
Creager of Brownsville. Texas na
tional republican committeeman, is
so bossy in his party affairs that
his attitude has become that of
John H Grant, Houston lumber
man. wanted his party gubernatorial
nomination. It seems Mr. Creager
told Grant he would be for him.
The convention nominated Mr.
Bullington. Mr. Grant complained
that Mr. Creager hvi gone back
on his premise.
Mr. Creager told the convention
that nominated Buliington that he
was comitted to Mr. Grant and
would stay hitched if Mr. Grant
chose to contend with Bullington
for the nomination. Mr. Grant did
not oppose Mr. Bullington.
Now, Mr. Grant, Joined by Mrs.
Florence Griswold and other repub
licans who have either incurred
Mr. Greaser's political enmity or
decided to pull away from his lead
ership. are holding meetings for
the purpose of setting on foot a
Mr. Creager and
organize “a militant party organiza
Mrs Griswold, whose home Is in
San Antonio, was republican na
tional committeewoman until this
year, when she was deposed ar
Mr. Creager s direction. She was
succeeded by Mrs. J. E More,
whose home is in Mr. Creagers
While the republican revolt prob
ably isn't as extensive as the demo
cratic unpleasantness it is not do
ing Mr. Bullington's campaign for
governor as much good as were his
- party undivided.
Anyway, the democrats are not
tContinued on Page Seven)
League to Delay
GENEVA. Sept. 22.—A’)—Consid
eration of the report of the league
commission of inquiry on Japanese
military operations m Manchuria,
j the dominating problem to come
before the council of the league
when it meets here tomorrow, prob
ably will be postponed until next
December, it was indicated teday.
The councils session, which be
gins three days before the opening
of the 13th regular session of the
league assembly, will be presided
over by Eamon De Valera, presi
dent of the Irish Free State and
native of New York.
11 Directors Of
Loan Board Named
WASHINGTON. Sept. 22—(/T>
The home loan bank board hai
selected 11 directors .'or each o!
the 12 banks in its system but fc
withholding announcement of th*
names until acceptances have beer
1 received from the appointees.
Telegrams were dispatched yes
terday to the prospective director’
i but renlies have not been received
In sufficient number to permit the
. board to announce complete dt
Father Cox. Stumped
By Campaign Costa
ALBUQUERQUE. N M. Sept. 71
—/JP—Father James R. Cox. presi
dential candiclite on the Jobless
ticket whose campaign party of ter
was stranded in New Mexico yes
terdav planned to leave here todai
-y plane for Pittsburgh to confei
with other members of his parrs
about campaign expenses.
The other members of the part\
will remain here and probably wi!
conduct a political meeting. The)
hope to raise additional funds with
1 which to continue their tour. y
! BOTH CLEARED
! v .' . E. C.
Couch (above* of Hidalgo county
i today were dismissed on grounds
' of insufficient evidence; and
John T. Lomax <below) president
of the closed Valley State Bank
at Harlingen and other bank of
ficials, who were bound to the
grand Jury shortly after the bank j
closed, were no-billed.
BACK IN JAIL
October 19 Sot to Hoar
Capone’s Now Pica
ATLANTA. Sept. 22 l/Tt — A!
Capone, who shyly covered his
handcuffs wtfh his hat while going
to federal court to seek his release,
was back in prison today and the
government prepared to fight the
j gangster's plaas for freedom from
' the 10-vear sentence for violation
of income tax laws.
The former Chicago gang leader '
appeared in United States district ,
court yesterday after a petition for
his release or. a writ of habeas
corpus had b«en filed unexpected- I
ly by his attorneys. Judge Marvin
i Underwood designated Oct. 19 for
tlte habeas corpus hearing.
Capone's attorneys contended he
was illegally 'etained because of
the statute of limitations.
Hal Lindsay, assistant district
attorney, said today the govern
i rnent’s contention, “briefly, is that
the issue must have been raised in
a trial court and appealed on
through in order to have merit,
and that the question cannot be
raised by a petition for a writ of
Capone's contention—the same
> that was used in h;s trial in fed
' eral court in Chicago—is that the
; statute of limitations prevents his
imprisonment on charges of vio
lating the Income tax laws in 1925,
1927 and 1928.
LONGVIEW, Sept. 22.— I*)— A
bank robbery suspect giving his
j name as John P. Mizell has been
' returned to Huttig, Ark. to face a
charge cf participating in the S3.900
holdup of the First National Bank
Mizell, who was arrested In a
Longview hotel lobby, was identified
by Mason Tucker, hank clerk, as
one of the men who took part in
the robbery Tuesday.
ARKANSAS CITY. Kans. Sept
22. iJP>—A small tornado accom
panying 149 inches of rain last
night destroyed several bams and
garages in and near Arkansas City
and crippled electric power trans- ;
mission lines, several head of cat
. tie were killed by the storm west
lot tha city.
ARE NO BILLED
Csrand Jury Drop*
Indictments returned in Hidalgo
county charging E. C. Couch. Hit
dalgo county judge, with abstrao*
tion of funds from the Delta Stats
bank of Edcouch and with forgery,
were dismissed by Dist. Judge Os
C. Wcstervelt here this morning on j
motion of D. S. Purl, district at
Both cases had been transferred
to the Cameron county district
court by Judge R. M. Bounds of
Hidalgo county who refused to
grant a motion to dismiss filed by
Bryce Ferguson, county attorney of
In ms motion to d-smisa the
Couch charges Dist. Attorney Purl
stated that "there la not auificient
evidence upon which to secure a
conviction." and ns a part of hie
motion to dismiss incorporated the
motion filed before Judge Bounds
Included in the Ferguson motion
were affidavits from “all of tl^l
material state's witnesses v hick
affidavits contain statements which
would exonerate the defendant/*
the Purl motion said.
Under one indictment Judgg
Couch was charged with abstract
ing 20 shares of the capita! stock
of the Security State bank of Wes
laco from the Delta State bank, thk
stock certificates having been at
tached as security for a note.
According to affidavits made by
officials of both banks, this stock
was taken to the Security State
bank on call from the state bank
ing department, the bank being in
process of reorganization. Receipt
issued by the Security State ink
was attached to the note.
Signing these affidavits were V,
M. Sutphen. W. C. Pearcey, L. R.
Crockett and S. V. Brandon, di
rectors of the Delta state bank,
and James Howze and A. C. Lk
Duke, president and director of
the Security state bank.
The second Indictment charged
the Hidalgo county judge with
having forged the name of C. 15.
Kelly to a note for $2,500 held by
the Delta State bank. Kelly wak
the son-in-law of Couch and died
shortly after the note, a renewal,
According to affidavits of V 54.
Sutphen, L R Crockett and 6. V.
Brandon, directors of the bank, the
note was signed by Couch for Kelly
with the consent and knowledge of
the directors of the bank. At that
time Kelly, who later died from the
effects of a brutal attack while
leeping in the Couch home at
Weslaco, was helpless and unable
to take care of his affairs. The
note, which was a renewal, was
signed by Couch for Kelly in order
to put it In good shape, according
to statements made by Couch at
the time the Indictments were re
Couch was represented this
morning bv West and High*owe»
of Brownsville. Strickland. Ewer*
and Wilkins of Mission and J. T.
Canales of Brownsville.
Hidalgo county was n«. repre
sented for the nroseeution.
Both transactions on whlcl In
dictments were based had the ap
proval of the s’ate banking de
partment. Couch has stated.
Judge Couch is a member of the
Good Government party of Hidalgo
county and is a candidate for re
election. winning the nomination
(Continued on Page Sever. >
A T GLANCE
NEW YORK ^
8tocks: Irregular, ralla resist’
Bonds: Easy, ralla heavy.
Curb: Irregular, profit-taking
Foreign exchanges: Irregular
Canadian dollar firm. (
Cotton: Steady, trade buying^
higher cables. h
Sugar: Steady, trade buying. |
Coffee: Steady, commission
Wheat: Easy, disappointing
export trade, reaction stocks and
Corn: Easy, liberal country *
sales, bearish weather forecast
Cattle: Steady to weak.
Hogs: Strong to higher.
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