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Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, August 13, 1935, Image 2

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn86063730/1935-08-13/ed-1/seq-2/

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Oil Company Alleges Is
Within Legal Rights
On Highway
Hearing on the temporary order
retraining the Valley Pipeline com
pany from using state highway 100
ilght-of-way in laying of a pipeline
was postponed indefinitely here
Monday at the request of the attor
ney general's department.
Further conferences between the
attorney general’s department and
the state highway department will
be necessary before the controversy
can be settled, acccrdlng to attorneys
in the litigation. The attorney gen
eral’s department was represented by
John W Pope. Jr., and William M.
Hill, assistants.
The defendant pipeline filed its
answer Monday, contending that i*
has full legal right to use the high
way for laying of the pipeline. This
authority Is claimed under Articles
1497 and 6022. Revised Civil Statutes
Of Texas. 1925.
As a common carrier uncer me
•ttte constitution, the pipeline com
pany alleges It “has been granted the
right and power to enter upon, con
demn and appropriate ands. rights
of-way, easements and property of
any person or corporation. togeL.er
with the express right and power to
lay pipe aiong, across and under>any
public road or highway In the state,
with the limitation only that no
pipelplne shall be laid parallel with,
and on any public highway closer
than 15 feet from the improved sec
tion thereof, except with the approval
and under the direction of the com
missioners' court."
The company alleges that it Is
fully without the 15 foot limit on the
Port Isabel read. The highway has
38 feet on each side >f the "improv
ed section.'' defendants alleges, nd
taaerts it is not within the 15 foot
The company applied to the state
highway commission for permlsalc
to use the right of way willy 23, and
the highway department referred it
to the division engineer, J. W.
Puckett at Pharr. Puckett recom
mended that the right of way not be
granted, according to defendants
answer The highway department
was notified August 1 that he re
straining order was obtained In 103rd
district court here Aug 7.
The pipeline company wishes to
use of the state right-of-way begin
ning at Barreda to a point four miles
oast, and a distance of 6H miles out
of Port Isabel.
(Continued from Page One)
another chance in November, 1938,
tat that election could not re
instate prohibition.
Local option lews similar to
those in force when prohibition
was voted would be required in
event of repeal Voters of a coun
ty, justice precinct, incorporated
city or town would be entitled to
prohibit or legalise sale of Intox
icating liquor.
In addition, voters would have
the further option of legalizing or
prohibiting liquor of various types
and alcoholic contents. Thus, beer
and wines could be legalized but
wlilskey prohibited, or even closer
division lines drawn.
The wet or dry status of coun
ties, precincts or cities and towns
at the time prohibition became
affective would be preserved un
der the repeal amendment. Local
options would be neceesary to
change an area from wet to dry,
ct dry to wet
Another clause of the local
option section would recognize lo
cal option on 3J beer as deter
mined at elections subsequent to
legalization of the brew two years
Wednesday: Old-age pensions
fwrf submission of constitutional
amendments at special legislative
(Continued Prom Page One)
•an Manuel, north of Edinburg, as
they were on their wav back to San
Antonio with goods allegedly stolen
from six Valley establishments.
AH cf the merchandise found In
the car. valued at approximately
1100. had been Identified Tuesday
noon with the exception of several
naira of men's and women’s shoes.
Numerous article* of wearing apparel
were included In the lot.
Valley stores victimised were the
P. W. Wcolworth store* at Harlin
gen and McAllen; J. C. Penney
ntores at Harlingen and Edinburg;
the Orand Leader at Weslaco and
the New York store at Harlingen.
Esparza Rites Held
Funeral sendees were held Sun
da” for Willie R. Esparta. 33. well
known Ranchlto resident, who died
Saturday. Burial was made at
Survivor* include his parents. Mr.
and Mrs. Antonio Esparza; seven
brother*. Enrique, Antonio, Samuel.
Abel Arnulfo and Ramon, and three
raters; Mrs. Seatriz E. Trevino. Mrs.
Francis E. Gonzales and Fldela
Pallbearer* were Duncan 8.
Wright. Francisco Trevino. Paulino
Cor W. K Morrla. Ernesto Lopez.
Luis Reyes. Eustola Lopez. Maria C.
de Lopes, Eustola E. de Lopez.
Eioiaa E- de Zepeda. Rasoura E. de
Noland. Beatrix Garza and Mrs
Ester M. Matlsoro.
Mower* tor all occasion* Los
Sbanoa Oreenhouse Company, phone
1*88 Ad?.
Lawnmowers. grass hooks, rubber
feoae, sprinklers and shears; cement;
carpenters and plumpers' tools.
Brownsvllls Hardware.—Adv.
Yellow Cab—Phone 10S9.—Ad?.
In S day*
first day
NEW YORK. Aug. 13. UP>—Profit
takers gave the stock market an un
comfortable first hour Tuesday, but
the list only stumbled for a time and
soon was back in its advancing
American Telephone was the bell
wether of the resistance, Jumping
ahead mere than 3 points to another
new year's top and pulling a num
ber of communications issues and
specialties along in its wake.
Low-priced power company equit
ies also come to life for small gains
in unusually setive trading. Two
(Continued from Page One)
ample of the danger of not stating
a nation’s Intention fully and posi
•Most Warn Italy*
"The World War might have been
avoided if England had stated in
unmistakable language in 1012 that
it would tolerate no invasion of
France," he said.
"Germany then would not have
m understood the British govern
ments position and the tragedy
that followed probably would have
been averted."
•‘WTc must not run the risk of
repeating the same terrible mistake.
We must tell Italy in plain, decisive
words we are not bluffing and
that we are ready to carry out our
solemn ob’igaticns to the league
covenant no matter how drastic an
action may be required."
(Continued from Page One)
before the Black committee "forth
l with."
The house hearing was recessed
subject to the call of the chair, and
Hopson was instructed to keep him
self in readiness to testify again.
In the discussion of the Ross tes
timony before the senate committee.
Hopson asked:,
"How much did Henry Pord make
out of selling automobiles? I under
stand he didn’t start with much.**
"I think we had better leave him
alone,*’ Interposed Representative
Sabath (D-Ill). "He is not concern
ed In this investigation. He hasn’t
I spent a lot of money trying to beat
the utilities bill."
(Continued From Page One)
Results of the autopsy follow:
"To Judge Will O. Fields, Justice
of the Peace:
"At your request I have per
formed an autopsy on the
body of George Arthur Dunlap, and
I beg to gpbmit the following re
•There is a gunshot wound three
Inches beiow the left collar-bone
and about two inches from its
outer end- The course which this
bullet followed was through the
lung and through the top of the
heart and then through the right
lung and the right chest wall where
it emerged under the skin at the
level of the ninth rib in the poste
rior auxiliary line. This bullet was
the immediate cause of death.
“There Is another gunshot wound
at the base of the back of the
neck on the left side. This bullet
followed a course dow# the spine
in which it was lodged. There are
no other marks of violence on his
"Signed, Dr. George L. Oallaher.”
Scout. Leaders To
Be Honor Guests
(Special to The Herald)
MERCEDES, Aug. 13—Between
50 and 75 Valley men, who have
served scouting in the Valley, will
be honor guests at the Boy Scout
Court of Honor in San Benito
Wednesday night, and will occupy
seats on the platform, according to
John Leslie, Scout executive.
Members of the Boy Scout executive
board will also be seated on the
Leslie stated Tuesday that inter
est is mounting in the Wednesday
night event and troops from all
over the Valley are sending in
awards from the tenderfoot to the
Eagle, the highest rating in Scout
dom, for approximately 500 Scouts.
Rev. Leslie A. Boone will be the
featured speaker.
Home Completed
Mr. and Mn. E. E. Mockbee have
moved into their new home In the
Los Ebanos estates. The building
is a 6-room frame structure, built
by Harry Oroom. at a cost of ap
proximately $3,500, and haa Just
been completed.
Mr. and Mrs. Mockbee formerly
lived at 23 Adams street, which
home is now occupied by Mr. and
Mrs. C. C. Stewart and children,
18 Begin Red Cross
Life Saving School
Eighteen Brownsville ♦residents
Monday took the first instructions
in a Red Cross Life Saving School
being conducted by Dr. R. Olm
sted. The instructions were given at
6 a. m. at the home of Wm. Brown.
Jr., on the Boca Chics hi hway.
The second lesson is tc be e*~*n
Friday morning efter which no new
class members will be added.
Those taking the initial instruc
tions were Irvin Kibbe. Clinton Scfc
melllng. Douglas Darley, Donald
Earley. Wm. Brown. Jr.. Oscar Law
rence. Jr.. Wesley Davis, Fn*nk Lai
lier, Robert Dorris, Oeo. E. D:dd,
Jr., Franklin Dodd. Thomas Davie
Charles Olmsted. Sammy Oustsvse
Mosel Pruden. Del Erkins, Dick
Brown and O. P. Hacker. Jr.,
Reception To Honor
Rev. And Mr*. Hunter
Members of the First Methcdlst
church will |lv« a reception Tues
day between 7 and 9 p. m. In the
church parlors, honoring Rev. *nd
Mrs. E. A. Hunter, who were married
, recently.
Rev. Hunter is the presiding elder
of the Brownsville district of the
Methodidst church. Mrs. Hunter is
the former Mrs. Enola Polhemue, cf
Mission, prominent In Valiev church
and musical circles.
' 10,000-share blccks of Common
wealth 4c Southern changed hands
In the space of a few minutes.
The rails, steels and motors Just
about held their own. Grains and
cotxn were in a narrow range. Med
ium-priced carrier bonds edged for
ward in the leans division. Foreign
; exchanges did little.
In addition to American Tele
phone, Postal Telegraph Preferred
spurted nearly 3 points, and gainers
of fractions x around 2 or so includ
ed Bayuk Clear, Briggs Mfg., Motor
Products, Electric power dc Light,
United Corp., Western Union. Radio,
! Public Service of New Jersey, Sear*
Roebuck and Montgomery Ward. U.
8. Smelting lost a point and there
were a few other soft spots.
The strength of the major tele
phone stock was attributed partly X
renewed investment demand as well
as X scattered short covering. While
the company la not earning its cur
rent dividend requirements, busi
ness prospects are said x have Im
proved to such an extent that the
directors, at their meeting on Aug.
21, may decide to continue the $8
The steadily rising public interest
in the market, both of a speculative
and investment nature, led some
observers tc warn Irregular price
trends may become more frequent
as the dally share volumes mount.
The Washington tax controversy,
together with other legislative and
political rumblings, did not seem
disturbing X Wall Street.
NEW ORLEANS. Aug. 13. (JF>—
Cotton futures were 3 to 6 points
lower Tuesday on the local ex
change. Poor cables from abroad
and continued favorable weather
for the belt influenced light of
Oct started at 10.97, down 6
points and Dec sold at 10.88, off
3 points while Jan at 10 84, Mch
at 10.85 and Jly at 10 83, averaged
losses of 25 cents a bale.
December was subjected to pres
sure during the morning and lost
14 points to 10.77. Other months held
up comparatively well as October
hovered around its opening level
of 10.97, while January at 10.86 and
March at 10.82 represented reces
sions ranging to 7 point*.
Rains fell In Texas and Oklahoma
I overnight, relieving this area from
the excessive heat experienced dur
ing the past few days. Light show
ers also were reported from Alabama,
with the rest of the belt high and
Reports from Washington stated
that pressure was being exerted on
the administration head for im
mediate announcement of a loan,
but the majority of the trade **■
pressed belief Secretary of Agricul
ture Wallace would abide by his ear
lier decision to await the movement
of the crop. With a crop of 12,000,000
bales in the offing. Opinions vary on
how well the market will be able to
withstand hedging pressure when it
begins to move in volume.
Offerings dried up during the
morning as prices were holding In a
narrow range as the half-way mark
in trading approached.
CHICAGO. Aug. 13.—vP)— Wheat
prices averaged lower here early
Tuesday with the Canadian govern
ment’s report Indicating crop pros
pects in the Dominion, despite rust,
hall and drought, were better than
many traders expected. Operjng H
to 1H cent off. Dec. 88T4-89 1-8.
Chicago wheat later steadied near
this leveL Com started H-34 down,
Dec. 55 Vj - \ and then rallied.
(Continued Prom Pag* One)
purpose, citrus canker 1s not known
tc exist in the Valley at this tlmt so
that the work done in this section
will be preventive In nature. Removal
of the trees also is expected to have
some indirect results because or
chards will be cleaner and make con
trol of the Mexican fruit fly and
ether pests much easier.
This is a federal, not a local proj
ect. It is a Works Progress Admin
istration project giving employment
to those registered with National
Re-employment Service offices. All
employables on relief are now being
transferred to the NRS offices.
The program will include removal
of citrus trlfoliata in the Houston
and Galveston areas. Some work
also will be dons in Louisiana. Cit
rus plantings in the Galveston and
Houston areas have already been
froeen out with only the hardy citrus
trifoliate root stacks surviving. It
was explained here that citrus can
ker came to the United States from
Japan in sateuma orange stock.
When thlas tock was used for bud
ding other citrus, canker spread to
various sections of the country.
There is one inspector on duty in
the Valley who keens a constant
lookout for canker and anothsr may
be added.
It was carefully pointed out here
that the aame cooperation from
grove owner* will be necessary ts tn
the Mexican fruit flv ar.d other con
trol programs which have been in
effect in the Valley. This co-opera
tion Is expected to be freely given
bv the erewers because of the bene
fits w’hich they will receive. A num
ber of growers hsve already endors
ed the program
Positive Relief
Sun End to Chilli
and Ftvtr!
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Grove's Tasteless Chill Tonic b a real |
corrective of Malaria because It contains
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Second, tonic iron which helps overcome :
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fortifies against further atteck. Play safe! 1
lake Grove’s Tasteless Chill Tonic. It i
dow comes in two sizes-50c and 91. The
51 size contains 2J4 times as much as tho
50c sin and gives you 25% more for your
money, get bottle today at any drugstore
Director General of Jap
Military Affaire
It Victim
TOKYO, Aug. 13. (^—Lieutenant
Oeneral Tetsuzan Nagata, director
general of Japanese military affairs,
dlsd Monday of sword wounds, which
the war office stated, were Inflicted
by Lieutenant Colonel Aizawa dur
ing a fight in Nagata’s rooms.
The incident was said tc have
grown out of recent transfers of
army officers.
Oeneral Senjuro Hayashi, minis
ter of war, was said to have prepar
ed his resignation as a result. Oen
eral Nagata was one of his strongest
The director general wag wound
ed in his rooms In the war office
where Aizawa called on him Monday
morning. There was an argument,
during which the lesser officer drew
his sword, the war office said, and
inflicted the wound.
The war office, after reporting the
Incident, Immediately imposed a
strict censorship on details.
Hayashl. when advised of the mor
tal wounding of his friend, immed
iately prepared to resign and as
sume responsibility of all events
leading up to Monday’s outbreak. It
was said that the resignation prob
ably would not be accepted.
Aizawa was promptly arrested.
The minister of war, vice minister
of war and other high military offi
cials were summoned to an emer
gency meeting.
McNamee Recovering
AKHON. O., Aug. 13.—(£*>— Gra
ham McNamee, radio announcer
who was injured Sunday when a
racer in the National Soapbox
Edmund Lowe end Claire Trevor
have the leading roles in Fox
Film’s latest comedy drama,
“Black Sheep", In which action,
comedy, romance and mystery
abound in a clever new story
about a transoceanic card gam*
bier. 8howlng Tuesday only at
the Capitol and Queen Theatres,
Brownsville. #
Derby went out of control and
struck him. hoped to leave the hos
pital Tuesday and return to N#w
McNamee was held under observ
ation for a possible brain concus
sion Monday night along with
Tom Manning. Cleveland announ
cer. who also was Injured. Hospital
attendants said Manning had a
strained back and they indicated
that he will be held for further
In ancient times. Romans believ
ed that the heart of a poisoned per
son could not be burned.
San Benito Chamber Group
Urges Second Road
To Harlingen
(Special to The Herald)
BAN BENIO, Aug. 13 —Construc
tion of s parallel Harlingen-San
Benito highway was the chief Item
of discussion here Tuesday morning
at a breakfast meeting of the high
way committee of the San Benito
Chamber of Commerce.
The importance of this highway,
and the fact that It has been delay
ed due to haggling over various pro
posed routes, was stressed at the
meeting. An effort will be made to
have County JJudge O. C. Dancy,
Mayor Sam Botts of HarMngen,
Mayer E. L. Barmore of San Benito
and others to meet with the state
highway commission August 19 to
urge early construction of the pro
posed highway. It Is believed that all
diiiicuities surrounding locaucn oi
the highway have been dlspos' * of
and little trouble will be had in get
ting the highway designated.
The local group also will urge com
pletion of the Holly Beach highway
and the Improvement of Rangervllle
roads to be used by the Rangervllle
school bus In bringing school chil
dren In to the San Benito school
system. J. A. Welch and Jce Ballen
ger are to confer with Rangervllle
residents with a view to Improving
the proposed bus route.
About 15 persons were present at
the Tuesday meeting which was held
at the Stonewall Jackson hotel. The
session was presided ever by Joe Er
There are many varieties of grey
hounds, but all are not tall and
slender. The Italian greyhound Is a
dwarf and Is keot as a pet.
a pebble. It quickly opens again.
(Continued from Page Cn2>
from Frederick. Okla., south to
Breckenridge. The termometer at
Wichita Falla read 70
Nearly an inch of rain fell at
Brownfield, in the Panhandle last
night, and the precipitation con
tinued Tuesday, greatly benefiting
com and grain sorghums.
Plainview had no rain, but cloud)'
skies sent the mercury down to 66.
Only over Amarillo were the skies
cloudless, presaging wanner weather
with a forecast of 93 degrees.
In East Texas Tyler had received
half an Inch of rain, and more
showers were expected.
San Antonio fiad cloudy skies,
with showers forecast, and heavy
clouds hung over Corsicana, san
Antonios temperature was expect
ed to reach 95 as was Houston s,
but Houston reported that “would
be cool compared to a few days
ago." Despite .09 of an Inch of
rain and a few clouds Galveston
continued warm.
(Continued from Page One)
the capture of Manila and was
awarded the Medal of Honor In
1890 for bravery In action. He re
mained In the Philllplnea until 1900
when he was attached to the 14th
Infantry expedition sent to the
j relief of Pekin, and acted as chief
of police of the American section of
that city.
In 1902 he was assigned to the
ei-tillery corps, serving in the Plnl
lipmes, and returned to the United
States in 1911. In 1919 he was made
chief of staff of the 89th division
nnd participated in the assault on
the. fit. Mihiel salient, and was
awarded the Dfi cross for heroism.
He was advanced to brigadier gen
eral In 1918 and was attached to
the 35th Heavy Artillery. In 1918 he
went with General Leonard Wood
t(-r an inspection of the British.
French and American armlea.
Man Says Ha Leaped Fran®
Fishing Vassal
On *Dara*
BOSTON. Aug. 12. (if)—Walter
Roblllard. 32-\ear Bostonian, waa
under the cars of doc ton Monday
after a lone &xlra in the open aea
150 miles from shore.
(t was by cure chance that
Roblllard was found by the trawl
er Ripple Sunday a half hour
after he Jumped from the fishing
boat Notre Dame, on which be was
s passenger. _
Swimming strongly in a choppy
sea. Roblllard. clad in a white
heavy roll-neck sweater, khaki
trousers and brown shoes, had to be
dragged aboard a dory launched by
the crew of the Ripple.
The unidentified master of the
Notre Dame told the Associated
Press In a wireless message that
Roblllard "went overboard unaaan
and the circumstances unknown.
We were fishing alongside the Rip
ple at 10 a. m , and he was not
missed until a message waa re
ceived from the Ripple at ft p. m
He was taken to Chelsea Marine
hospital where Dr. John T. Haael.
assistant surgeon, said the only in
formation Roblllard would or could
give was that he had Jumped from
the Notre Dame about a half hour
before he was saved.
The reason for his leap, the doe
tor quoted him ee saying, wae that
some prominent officials "dared me
Later Roblllard waa transferred
to the Boston Psychopathic hospi
A germ so small that It cannot be
seen causes hoof-and-mouth die
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