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THE WEATHER ) warmer Ul| \ fjfl %%PJ|> ^^P ^ M? V l “ ”* “ ^ “ I ** THG VALLEY FIRST—FIRST IN THE VALLEY—LEASED WIRE SERVICE OF THE ASSOCIATED PRESS - FORTY FIRST YEAR—No. 203 BROWNSVILLE, TEXAS, TUESDAY, FEBRUARY 28, 1933 _ §' ..... IN OUR VALLEY L_._ PROM B. D. KIMBROUGH. McAllen lawyer, we receive a copy today of the opinion ot the Texas Court of Criminal appeals in rever sing Judge E. M. Bound* in the C. H. Pease contempt case in Hidalgo county. Kimbrough represented Pease. The appeals court held Pease was not guilty of contempt. What strikes us with consider able force upon a first reading of the three-page opinion, is that it is written in the sane language that is written and spoken by the ma jority of us. There are no great mass of “saids" and ’ wherembetores ’ “whereinbehinds.” and other almoK as meaningless word* thrown all through it to give it a legal flavor— It’s just a simple, straightforward statement of a man’s opinion— Bo we hastily look at the bottom #,1© see what Judge was so wise as use the English language and we ^ftnd just -Lattimore.' Nothing more. Well. Lattimore we thank you tor writing a statement so easy to re.«d and understand. May other judges follow you. m • • ALTHOUGH MOST POINTS !N the statement will be of more in terest to newspapers and lawyers • also judges* than to the publ-c generally, we will reproduce one or two paragraphs here, as being pos sibly of general Interest—in showing the rights of the individual before a court. Yea—the individual still has some rights—even in a court. After recounting the fact that the defendant. Pease, went into ourt and offered to prove the truth of his statements, ••Lattimore" says “It is still the rule In this s’at * that one charged with contempt shall be allowed to prove the truth of his alleged contemptuous utter ance. We think proof oi the truth of the matters so published would | have entitled applicant to his dis charge upon the hearing before the court We note the court refused to permit him to make such proof to which lie took his proper bill of ex ception " N And there follow- a statement up |on the refusal of the judge to dte Iqualify himself on the grounds of I pre judgment: * We enter into no extended 4li ■cus-ion of the action of the '•our*. , ■in striking out applicant s motion to ■have the court recuse himself The I ■courts of this state seem to have ■committed themselves to the Dro Hposition that expressed prepidg ■»>^nt of a rise will not disqualify the* Judge in view of the twirl.ted j language of our statutes on dis- j qualification, but in cases where the gist of the whole determination < whether some matter be a ron mpt of the court, and offer Is ude in proper form to . how that there has been expressed prejudg ment of such matter by the very judge involved, it occurs to us that the vastly better practice would be from the very nature of the case, to call on some judge whose honor or integrity ha- not been attacked, or whose rulings have not been con temptuously treated, and submit .he matter to his calm judgment, es pecially in cases of constructive contempt." • • • OUR NEIGHBOR CITY OF Matamoros is holding her annual Good Humor Carnival. ~ Matamoros people have a wav oi faking their Valley friends fed Krfectly at homr in relebratons Ke this They are fine hosts-hke (freir friends at Victoria Tamauh "pas. who recently entertained a Valley delegation. We wish them much success in their celebration. • • • UP AT LOS F*RES>N06 ANOrH er child drowned in a re.saca. A* we atop and check back over the tragic stones earned in news papers. it seems a great proport .on of them—espcciallv those connected with children—are deaths caused by drowning in our resacas and canals. The others are deaths by crashes —automobile, truck, school bus. Penalties, probably, for our pro gress—for our irrigation, our trans portation, our education. We realise nothing can be done gbout eae resacas and canals. But tt. seems hard to just admit that so many of our little tots must wander out and fall to their death Tear in these canals and • • • F.W8 DISPATCH FT? Oil Corpus Christ! says that fanners there are to start planting 1500 acres of beans. They are described as “pinto" beans. How some of you bean eaters— what is a “pinto” bean? Anythin,; I like a -pinto” pony? We take it these Corpus beans are not competition • • • WE HAVE EXCITED THE j curiosity of at least one person by our speculation on those currents and stuff running around a tele phone wire. Lamar Oill at Raymondville says he wants to watch them too. wiku wc get Mr. Mockbce to arrange that eight-seeing party. Mr. Gill comments on other mat ters—for Instance calls our atten tion to the expression in a recent story about the “little Scotchman" in referring to the late Jim M( Allen La rur says he was * a man of considers *’• 'hie." Coin? hr to teleohones cur j (Continued on Page Six> i Valley Crop Loan Machinery Set in Motion JkM. .... """"" .. . .. .. ' " APPLICATION BLANKS ARE DISTRIBUTED Program Mapped To Get Thousands For Valley *Speci.|| to The Herald* MERCEDES. Feb. 28—The ma chinery for distributing thousands of dollars among farmers of the Lower Rio Grande Valley in crop loans from the U. S Department of Agriculture was set in motion at a meeting of Valley people with de partr'ent representatives here Mon day night. And Tuesday the distribution of application blanks for the loans was started throughout the Valley by Eugene Torbett and Ed Onstot. the two representatives of the depart ment of agriculture in the Valley. Program Worked Out At the meeting here the lederal men discussed with the county com mittees. the county agricultural agents, and the local chamoers of commerce plans for handling the crop loans this year and a detailed program was worked out. The application in most instances are to be handled by the organiza tions whKh were set up by various chambers of commerce in the Val ley to handle the loans from the Agricultural Credit corporation. There will be a local committee at each chamber of commerce, of which the manager of the organiza tion will be chairman. This committee will make the first reeommendatiou on the Joan certifying that the applicant is farming land, can not get a loan from any other source. The loan will then 6r passed on to the county agricultural agent, who will pass on it lrom a point cf view of a balanced agricultural pro gram. It will then be submitted to the county committee, after which it will go on to the state headquar ters of the loan organization. Committee Named The Cameron county committee was announced as E. C Breedlove, C. S. Pugsley. and F B Housel, all of San Benito. The Hidalgo committee will be- announced soon. Some changes m the regula*'on* governing loans were announced at the meeting by the federal men. The total that will be loaned to one person was reduced from $400 to $300. The maximum available ior irri gation is increased from $3 to $4 per acre, with $2 an acre available , for spraying or dusting. The max imum for citrus orchards is $25 ior (Continued ou Page Six) West, Griffin ] Holding Own SAN ANTONIO. Feb 28.—<*»>— Mil.on S West of Brownsville and Gordon Griffin of McAllen piled up substantial leads as more than 20.000 ballots had been counted last night from Saturday s primary to determine two democrats to run for the fifteenth Texas congression al .seat left vacant by John N Gamer. Wests total was 8.833 and Grif fins 4.028. F. W. Pulliam ol Crystal City had 3.030 and Charles R. Tips of Three Rivers. 3.514. West and Griffin will meet March 15 in a runoff primary to deter mine the democratic opponent o! Carlos Watson of Brownsville ui a special election April 22 Police Withdrawal In Kidnaping Studied DENVER. Feb 28 t-P—Police Chief A. T. Clark said today he was considering the withdrawal of police in the Charles Boettcher 2nd kidnaping case to allow free nego tiations between the abductors of the 31-year-old investment broker and Charles K Boettcher, multi millionaire father of the missing man. “When the elder Boettcher an nounced his Intention several davs ago to act independently of poller.-’ Clark “aid. “my first reaction was that such a move would hinder the progress of justice. Now I am ser iously ordering off police and let Boettcher conduct the case as lie sees fit.** Boy Drowns When Auto Hits Bayou NEW ORLEANS. Feb 18 «.F— The six-year-old son of Herbert Thompson of Beaumont. Texas., was drowned and four other per sons were rescued early today when fh* Thompson machine plunged in to Bayou Terrebonne at Houma. La., in Terrebonne narish. accorc ing to telephone advices received here. Senate Highway Inquiry, Started By(Ma,9Dropped — AUSTIN, Feb. 28—(/P;—The senate today adopted a report of the committee of the whole recommending that the members of the state highway commission be not criticized for their activities in connection with a trans action which had been investigated. MELLON FACES TAX CHARGES $220,000,000 Civil Suit Filed Against Ex Treasury Head WASHINGTON. Feb. 28.—<4V Andrew W Mellon and two of his former treasury associates have been named defendants in a $220, 000.000 civil suit—the largest ever filed in the District of Columbia Supreme court. The suit charges connivance with officers cf unidentified for eign steamship companies to evade payment of income taxes. Besides Mellon, ambassador to Great Britain and former secretary of the treasury. David H. Blair, one-time commissioner of internal revenue, and Alexander W. Gregg, former act mg sreneral counsel of the revenue bureau, were named defendants. The suit was filed by David A. Olson, who resigned recently as a stock market investigator for the senate banking committee after charging that he had not been given a free hand. Mellon was accused in tlie suit ot not only failing to collect $100,000,000 in delinquent taxes from the steamship lines but with placing the government in such a position that it was forced to re fund some $10,000,000. The suit also asks interest on the $220,000,000 wXch would bring the total damages up to many more millions. Action was based on a statute ot 1863, making federal officials liable for double the amount of damages. Under the statute a citizen may sue in behalf of the United States, with what ever amounts collected going to the treasury. Olsons attorney alleged that the treasury officials wrongfully jierinitted the steam-hip companies to make amended tax returns based on the revenue art of 1921 instead of the acts of 1916. 1917. and 1918 Cameron Balloting Returns Canvassed The democratic executive com mittee of Cameron county met at the courthouse Tuesday morning to canvari returns of the concre? sional primary, but the work was held up when it was found that Pet 25 returns had not been made to the committee. All returns except Pet. 25 were approved and these were to be :>dd ed in at another session Tuesday afternoon Cameron county returns without Box 25 were; West 2 362. Dannallev 11. Cobb 45. Cofer 258. Lawler 0. Griffin 827. Tips 562. Pulliam 42. York 4. The ballot committee drew for nlaces in the next primary. Draw ing from a hat high over the heads of the committee, the name ol Mil ton West was drawn for first place. Insull Will Get $12,000 Pension CHICAGO Feb. 28 T-Samuel Insull. Sr., at his hideout in Ath ens. Greece, where he has success fully defeated attempts so far to extradite him on indictments grow ing out of the col la use of his utility empire, today was promised $12. 000 anuual pension from two of his former companies for at least an other year. Yesterday while a federal grand iury was indicting the former utili ties wizard and 18 of his associates on charges of fraud, stockholders of the Commonwealth EcSsc*i com pany and of the public service com pany of northern Illinois raised no objection when the present chair man. James Simpson, said each concern's penskn of $6,000 would be continued to Insull. Writer Acquitted FORT PAYNE. Ala Feb. 28 V — Climaxing a two ysar battle for his freedom, Tom Roan fiction writer was acquitted today on a charge of slaying Dr. W. P Hicks. The third jury to sit in judgment cm the middle aged author brought in its verdict after more than 60 hours onsideration. Roan was charged with first de gree murder in the shooting of Dr. Hicks at the writer's Lookout moun tain home April 30, 1931. The committee of the whole had voted overwhelmingly yesterday to terminate the inquiry, which nad been ordered after Gov. Miriam A. Ferguson sent up a special mess age, advising she had been inform ed the highway commission's han dling of certain funds had resulted in a loss of $1 000.000 to the state. The senate adopted the report ol the committee of the whole by a viva voce vote. There was no dis cussion. The committee told the senate that it had heard all available evi dence. •From the evidence offered and as a result of the investigation made , to date, said committee is unable ; and unwilling to criticise members of the highway commission for their activities yi connection with the subject matter of the communi cation from the governor.*' the re port stated. The committee said it was mind ful of the fact that Gov. Ferguson had not made charges but merely had tendered to the senate certain information she had received. CERMAKAGAIN GIVEN CHANCE Pneumonic Area Spread Believed Checked; Tent Removed MIAMI. Fla. Feb J8.—v — Mayor Anton Cermak of Chicago has “a reasonable chance to live,” in spite of the many complications which have made his condition critical since he was shot by Giuseppe Zangara. the assassin. Dr. E. S. Nichol declared today. Dr. Nichol made the announce ment alter an examination ol the patient at 7:30 a. m., when, he said, in sp.te of the removal last, night of the tent, which has been supplying oxygen to the mayor, the latter held his own. "There are no outward indica tions that the pneumonic area discovered Sunday night has en larged smee yesterday.'' Nichol continued "We are concerned about the oxygen tents because none of the three we have used hare proved satisfactory. One of them is so small that It annoys Mr. Cermak We had difficulty in the cooling processes of the others *' France Names F. D.’s Friend Ambassador PARIS. Feb 28 4>—Andre Le Febvre d ■ Lay Boulaye. personal friend of Pit*-Elect Roosevelt, will be named ambassador to Washing ton to succeed Paul Claudel, it was learned from semi-official quarters today. ..— - - JANET Did you ever fall in love, only to be jilted when another girl came along? Janet Hill faces this situa tion in 'One I Love.” beginning tomorrow in The Brownsville Her ald. The story of her solution to this ever-present problem confront ing today's social life is told in i this interesting serial. FIRST CAR OF I MATERIAL FOR SPRAY HERE _ I Fruit Fly Campaign Gets Under Way March 15 • Special to The Herald • HARLINGEN, Peb 28—A car load of nicotine sulpnate to be used in the bait spray campaign in the Valley this summer to pro tect the section against the Mexi can fruit fly arrived here today. The carload, containing 25 000 ixmnds of the bait spray material, was consigned to P, A. Hoidale, in charge of the U. S. Department of Agriculture inspection force in the Valley. Sample Tested A sample of the shipment was forwarded today to the pure food department at Washington, where it will be tested If the ■test proves satisfactory the shipment will then be accepted and distribution to various points in the Valley will be started, in pre para lion for the campaign. In the opinion of Mr. Hoidale thus campaign will start between March 15 and 20. The molasses which is used as a base in the spay work will begin arriving early in March, coming in tank cars. About eight cars will be received during the campaign. Mr. Hoidale said. The nicotine sulphate is mixed with molasses in the ratio of one <o twenty and is sprayed into the center of the tree, not all over it. The moia*ses attracts any adult flies that might be in the section, and the nicotine sulphate kills them. Effectiveness Demonstrated Effectiveness of this bait spray, which was developed at the U. S. Department of Agriculture labora tory in Mexico under the direction of Dr A C. Baker, was dem onstrated last season. After there had been more than 70 infestations scattered over the Valley in the spring of 1932 two spray campaigns were conducted during the host free period, and during the season now drawing to a close only three small infestations were found in the entire section. These were quickly eradicated. A tree to tree inspection of cit rus in the Valley has being start ed now by the federal inspectors. A plea that Valley people co operate by removing all fruit from the trees before March 1 has been issued. Those persona having off bloom fruit or sour oranges are particularly urged to remove it from the trees. _ Hays Scisson Gets Pardon After serving approximately one year of ms four year sentence. Havs Scisson. former fax collector of the. Raymondville Independent School district, was granted a full pardon Monday by Gov. Miriam A. Fergu son. Scisson was convicted here March 29. 1932. by Judge Geo. C. Wester velf when he pleaded guilty to five indictments charging alteration cf the school district records. He wa.* given two years on each of the in dictments but three of them were to run concurrently, giving him a total time of four years in the peni tentiary. In addition to these five indict ments four others were dismissed on the motion of the district attor ney's office. Educators Urged To Take Up ‘Warpath’ MINNEAPOLIS. Feb. 28 i/Pt- A cam mission which declared the pro fession had been "meek ion^ enough" iu-gcd American educators today To go on the warpath agamr-t those who "would make children the victims of tlie depression." A fighting campaign for public support in ferreting out the at tackers. directed by a commission already set up. was advocated in a report presented to the department of superintendence, national educa tion association. Capital Dresses Up For March 4 Visitors ’VASHINGTON. Feb. 28. (Ft— The capital is dressing up. Un winding of miles of bunting began today as decorators prepared for Saturday's inaugural ceremonies. Already flags are flying in great numbers. More than 35.000 seats for those who will watch the three-hour oa •ade have been completed. Finishi ng touches are being applied to the nlatform erected in front of th? caoltol where Franklin D Roosevelt will take .he oath of office. PRINCIPALS IN VALLEY TRAGEDY Confessions of several San Bentto youths shed light on the slaying of Pilot Lehman Nelson of Harlingen, slam while al the controls of a plane as it soared above San Bemto. The plane landed upright nosed over, and Erin McCall 20. climed from it and fired a shot into his own head, dying almost instantly. Police questioning of the youths friends brought, forth confessions that a plot had been formed to steal the plane. Pilot Nelson, left, Erin McCall and the death plane are pictured above. WALSH GETS CABINET JOB All Places Now Filled But Two, Appointments Expected Soon HYDE PARK N Y. F'eb 28. P -Pres-Elect Roosevelt today an nounced appointment ol Thomas J. Walsh of Montana as hi.s attor ney general. It was Sen. Walsh who prosecut ed the senate's inquiry into the naval oil reserve leases that sent Albert B Fall, former srcretaiv of the interior, to jail. The selection of Walsh left only two mere name to be announced lor the Roose velt cabinet. It is expected Roosevelt will fill i the official list before tcmorro.v with the announcements of Miss Frances Perkins, of New York for secretary of labor and Daniel C. Roper of South Carolina for secre tary of commerce. Walsh, who is assistant demo cratic leader of the senate has been prominently identified with i i - cial and foreign affair-, legislation. He was among the first of the ad vocates of Roosevelt for the nomin ation and in 1924 was closely as sociated with the drive of William G. McAdoo for the democratic nomination. The gray haired Montanan sur prised his friends last week by marrying. Junior C. C. Will Name New Chiefs (Special the The Herald» HARLINGEN. Feb. 28— Off ice is of the newly-formed Harlingen Junior Chamber of Commerce will be elected at a meeting of the members Thursday night. The membership committee, con sisting of Bob Pollock and Herbert Shafer, announced that it has secured 70 members, and will try to have 100 by the time of the meeting. Smith Services Held • Special to The Her;Id* HARLINGEN. Ffb 28 — Funeral services were conducted here Tues day morning <n Thompson s chapel for James Samuel Smith. 84, who died Monday. Pallbearers were C. B. Wcods. J. H. Williams. Dock Garr"f G. Snavely, J. H. Patton, and J. E. Fitch. Mr Samuel came here 13 years ago with his daughter. Mrs. Sam uel Saulsbur; Other survivors are i a fist?" arri three brother*., living 1 m Alabama. Joe Junkin Hurt In Truck Accident (Special to The Herald) HARLINGEN. Feb 28.— Jue Jiuikin. well-known furniture deal er of Harlingen, and G. W Wright. truck driver. suffered injuries when a truck in which they were coming from San Anionio liere o\erturncd on the road near Alice yesterday. Junkin suffered three lractured ribs, and Wright was cut and bruised. The truck caught fire after it overturned, and it. was wttK dif ficulty the men escaped irom under it. FORDCHIEF DISAPPEARS _ Auto Magnate’s Chief Aide Mysteriously Drops From Sight DETROIT Feb 28 - TO— A widespread police search lor Ernest G. Liebold. general secretary to Henry Ford. was under way today, j but no theories were advanced cither at his home or at the Ford Motor Co., offices following the report of his disappearance at 2 a, m- today. Detroit police, informed of the disappearance by an official ol the Ford Motor Co., ordered all defectives and patrolmen to be on the lookout for Liebold s car State police broadcast only the informa* tion that he was missing, stating he was last seen at 3:30 p. m. yes terday when he left the Ford of fices. Seeking a clue to the mystery, police said they were informed by Alired L. Williams, a neighbor of Liebold, that an automobile start ed from the curb in front of the Liebold home in Detroit at mid night last night, and was driven away at an extremely "apid >peed. They said they had no informa tion or theory to advance. In all the fmancial movements of the Ford company since 1910 Lieb:ld has been the principal a?ent of the manufacturer. Ford a few days ago stated that Liebold would be his princioal agent, as sisting him anc! Edsel Ford in nrecarations for forming two new • inks which wculd take over the ’♦miid assets of two Institutions in T'-'*Toe p-w o ••'rating under limit withdrawals. AMERICANS IN CHINA CAUSE U. S. ANXIETY Japs Show Uneasiness As Britian Calls For Embargo PCIPING. China. Feb. 28. (4>)— Chinese troop* defending the pau of Pauthintsuimen still clung to that gap in the mountain* half way between Chao yang and Chih-Feng today despite the pounding they were taking from Japanese artillery. Japanese pres* report* said the attackers had carried the pa»t>, but Chinese official dis patches said the defenders were so snugly entrenched in the hill sides that the enemy could make no headway. Time after lime the Japanese sent waves of infantrv charging up the pass, the Chinese com mander reported. At each attack the Chinese withheld their fire until the enemy was almost at puintblank range. Then the de fender* cut loose with machine gams and mowed them dow ■. SU1CHUNG. Manchuria. Frb J8. (/Pi—Japanese forces under Maj. Gen. Heijiro Hatton, assisted by bombing planes from this base, an ashed the stubborn resistance of Chinese regulars at Shamaoshan in , southern Jehol today and occup:vd the town and pass. The Chinese re treated northward. A two-day battle, marked by the heaviest figntnig ol the Jehol cam paign, finally ended In a Japanese victory and opened the way to Lingyuan, thr southern pass to Jehol City iChengtefu). the provin cial capital. Although Just 15 miles across the Manchurian bo'der, 8hamoashall is only about 100 miles ; from the capital. Forced to Swing Around A dispatch trom Katlu said the Japanese army of the north reached Fangchcn. 118 mile* north of Jehol City, at 10 o'clock this morning. At that rate it has owning more than 125 miles across the northern desert in lour days and was only 26 miles northeast of Chihfeng Pass, where its most crucial battle was expected. A main central offensive of the Japanese force was last reported pushing on toward Lmgyuan from Chaoyang, the city captured ’asl Saturday. From Lmgyuan. to Jehol City is about 75 miles. • Chinese reports said this force had to give up the attack on Ling yuan and swerved northward to ward Chienping. Chienping is mid way between Chaoyang and Ch*h feng. The northern army, the Chi nese said, was slowed up by muddy roads and sand-drifts and many were incapacitated by frost-hit«s». Chinese Entrenched The big battle at Shamaoshan. about 35 miles west of here, was resumed before dawn today. Chi nese reinforcements were rushed to the area from Lingyuan and Japa nese forces approached from the northeast. This was one of the v\ eran regiments under Maj. Gen. Yoshimichi Suzuki, who captured Chaoyang and then stejjped aside while Lieut. Gen. Yoshikazu Nishi's eighth division carried on toward Lingyuan from there. The Chinese had missed tormid able fortifications at Shamaoehan. They reached the area more than two months ago. before the Japa nese captured Shanhaikwan and closed the passes into Jehol through the great wall of China. A deep trench system 40 miles long was reported by air observers. The defenders, known as ‘ the blood and iron" corps, were made up of volunteers and Chinese regulars wrho were dispatched northward long ago by Marchal Chang Hsiao-Liang. A three-mile long Japanese Caval cade in American made trucks met the Chinese in the snow covered pass and the fighting started late Sunday, r.eavy artillery went into action on both sides, the Chines* having big guns placed at many strategic position*. Ofrasr Holds Twice yesterday the Japanese planes were called to the mounu n nass to aid but could not break the fierce resistance of the defenders It was seven degrees below aero In the region, with a bitter wind blow ing Sandwiched in between the three main Jap* nesr offensives are sev eral other Japanese and native Manchukuan auxilary drives mov ing Into towns along the easier.: border of Jehol. The vanguard of the far north ern army was the cavalry brigade led bv Maj. Gen. Kennosuke Mogi behind the horsemen came the sixth division led by Lt. Gen. Mas ayexon Sakamoto. These troops from a sunny southern cline of Ja pan were m -ting with what wad 1 • Continued on Page Six) A