The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, February 22, 1932, Page PAGE SEVEN, Image 7

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    MONDAY, FEER. 22. 1932.
PLATTS2IOUTH SHI - WEEKLY JOTJUITAI
PAGE SEVEN
51 P.. SI
Mi
,s impliclty
Fai-Appimd far)
LADIES TOGGERY
Shop cf Personal Service
TEXAS G0VERE0R ENJOINED
1 '
j says the opinion, "or a combination
! cf the three uses, and involves no
Tyler, Tex. Federal Judge Bry-j ether use. for the reasons expressed
ant announced late Thursday the in the cas?s cited v.e are not concern
granting of a permanent injunction.! ed as to whether it be strictly n
against Governor Sterling and Brig- j public charity or a rrivate charity
adier General Wolters to prevent the j in the technical sense cf thoe term?,
enforcement of martial - law- in the i So, too, we are committed to the
east Texas oil field. The decision ) doctrine that in determining wheth
was on a case heard before a three j er or net property falls within a tax
judge federal court at Houston, af-1 exemption provision the primarv or
ter a temporary in junction Lad been
granted against the defendants. Gen
eral Wolters is head of the national
guard unit assigned to the east Texas
field.
m
Select ycur first Spring Dress from our newljr arrived stocks . . .
knowing that whether it be Canton Grepe, Rough Crepe, a Print
Combination or light Woolen, it is exceptional in Style, Quality
and Individuality ... the kind you'd find in the smartest shops.
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CO-OPERATIVE SPECIAL
Ladies Siik Hosiery
Full Fashioned, Pure Silk, Ssrvicc and
Chiffon Weights All Sizes, at
42c
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CO-OPERATIVE SPECIAL
CORSETS
Broken Sizes in Discontinued Numbers
Values to $5 To Close Out
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LA1DBE
r
Use Deteimines
if Property to be
in Tax-Free List
Supreme Ccuit in Believing Masons
Says That Facts in Each
Case Govern.
Holding that the property of the
Scottish Rite Masons at ISth and L
streets, Lincoln, is devoted to such
uses as bring it within the tax ex
emption clauses of the constitution,
the supreme court Friday entered an
order reversing the action of the
countv hnnrrl in tilncinc it on the tax
5 mor . .
rolls since 1926 at a vajuaticn oft
$110,000 and remands the case with
directions
that this decree be en-
forced,
The court' has had the case under
ccnsideratioii for a year. Justice
I Eberly, who wrote the decision from
which none dissented, says that it
is not the character of the owner
but the nature of the use to which
property is put that must in each in
dividual case furnish the test for
determining whether it comes within
I the constitutional provisions exempt
ing from taxation property devoted
to charitable, religious and educa
tional uses. In each case it must
clearly appear that such use brings
it within cuch classification. It is a
precedent only for cases where the
I facts are the same.
"If that use be truly and exclu
sively religious or exclusively edu
cational or exclusive!- charitable,"
dominant use and not an incidental
cno controls."
The court que tea approvingly the
doctrine that while the public bur
den is not for the relief cf aged and
I I ... .
That will ha seen in Smart
places
need not be expensive
I
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CO-OPERATIVE SPECIAL
ChHc&e&'s Hosiery
Children's First Quality Fine Ribbed
Hosiery Sizes 81 to 11
i
I
CD-OPERATIVE SPECIAL
Ladies, Misses Coats
Sizes IS to 38, only Fur Trimmed
Collars Your choice for
I
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f
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The Shop of Personal Service
t Phltimouth, Nebr. . . .
indigent Masons as such, the public
is not relieved from the burden be
cause they are Masons, and any in
stitution which serves no selfish in
terest but discharges in whole or
in part any such duty is a public
charity. To constitute a publiciabry be exempted in the future.
charity the benefits must not be con
ferred on certain and defined indi
viduals but must be conferred on
indefinite persons composing some
part of the public, but this class
may be of either sex or the inhab
itants of a particular city, town or
count- or members cf a particular
religious or secular organization.
The title to the temple is held in
trust by the Scottish Rite Building
company fcr the benefit and sole use
i of the vallev of Lincoln. No part is
used for commercial purposes. As an
instrumentality of the temple is' a
J
welfare association with $60,000 at
its disposal the sole object and pur
pose of which is to assist worthy
students in the completion of their
.education. A relief organization with
j fir., 000 at its command takes care of
i relief of members and their families,
jln addition there is' a system of. vol-
f nri iintriKiitintii Vizi V d r 1 tl t a ff
i -oil n ra wj t vai? vi in tv ant TkATi
ship.
The ccurt says the evidence es
tablished that Masonry is a system
cf morality veiled in allegory and
illustrated by symbols and teaches
ar, a foundation principle faith in
God and immortality of the soul.
It is not sectarian in its religious
teaching, and the ecurt says it need
net come -within the definition ot
'religious, " since the constitution
guarantees to the citizen the right
. i - i , x - : . .
j iu v.uisiujj as lie jiitaH's. -Neitiiei iuc
profession of e creed nor formal ded
ication cf the property to promote
any faith "in an essential element of
religious use. In its leaching of in
itiates and members it ccmes within
the definition of educational use.
The decision is regarded by State
Tax Commissioner W. H. Smith as
virtually exempting- all Nebtaska
fraternal
prcp-rty
property. This type cfied lo be the "shadowing" services
in Nebraska is estimated
Lat . ?4. 300,000, . The hearing of the
state board of equalization on fra
ternal property in Omaha, will prob
ably be cancelled. In Douglas coun-
ty this type of property has a value
0
r
i
of $1,300,000 and in Lancaster coun
ty $750,000.
In Tlattsmouth' the amount of
real estate taxes on the fraternal
properties amounts to $1,377.92,
which tinder the decision will prob-
GETS POSITION AT
WASHINGTON, D. C.
L. F. Langliorst left on Monday
fcr Washington, D. C, where he has
been appointed assistant postmaster
of the house of representatives. Mrs.
Langhorst and daughter Ethel, are
moving from Holstiue, Nebr., where
the family had been located for some
time. They will occupy the Frank
Gustin property in the north part
cf tewn. Elmwood Leader-Echo.
Says 'Shadow
ed on Dates; Sues
Frank Marsh
Lincoln Man Charges That He was
Deprived cf Ccmpacy cf Girl;
Sues for 325.030.
Lincoln, Neb., Feb. IS. Herbert
R. Bcrgens. 24, musician and grad
uate of the Lincoln -.High school,
started suit for 25 thousand dollars
damages here today against Frank
Marsh, secretary cf elate, charging
the official had deprived him of the
society cf a young woman employed
in Marsh's office.
Bcrgens claims Marsh intimidated
him. imperscnated a ; federal officer
and disgraced him in the eyes of his
friends and "by schemes and sinister
influences" deprived him cf the com
panionship of the unnamed girl.
It is further alleged that Marsh
hired R. M. Waxhara. Lincoln pri
vate detective, to shadow .Borgene
and. the girl on their, 'dates" last
September and October, This is claim-
for which Waxham later sued 3arsh
fcr two hundred dollars and attain
ed judgment for $ST. .
ilarsh employed a. detective agency.
Eorgens said, to VsnacUiw oppress,
entangle and enibaxfflss -the plain
tiff." getting plaintiff ,. to make double-dates
with the sHl and two op
eratives of the detective agency.
The petition also Asserts Laash
paid the expense af Ke dats a.ad
that he and employes of theflejc
tive agency selected-thr-rnaces-where
Eorgens and the yoiini?rwi?i&n were
turpc?ed to so where--Marsh could
hide in a thicke; or recret '-himself
and watch them.' ' f' ""
Waxham is a candidate "Tor Sec
retary of state in opposition to
Marsh. ' '
A mcfifh' ego. 'Waxlfrrm reported
to "police that his efhed'harf' been
looted-and his papers in. connection,
with- his investigation for MaTsh
stolen. y
tiJarsh was not in Lincoln today.
Ilis office reported he expected ta
be . in Broken Bow and Hastings
some time today on business.
Marsh had Borgrer.s brought to
the office of the detective agency
by -a deputy sheriff, the petition said
and Marsh was introduced to Bor
gpas as a Mr. Jones and stated he
was a federal prohibition officer.
The plaintiff claims he-was hel3 and
questioned for four hours against his
will.
He asserts that Marsh later ad-mittc-d
that the woman was in hid
ing where she could hear the ques
tioning. ';
Calls It "Frane Up."
' Mrs. Marsh, at her residence here
told The World-Herald she was con
vinced the suit against her husband
was a frame up "by that detective
whp was angry with, hint-V
Mrs. Marsh caid she'was well ac
quainted with the ycoing woman re
ferred to in the suit, that she, had
been out" in parties with ner and that J
on several occasions f he-had invited
her into the Marsh home-
"I am very sorry alnt this whole
affair but it looks to me as though
they were taking advantage of my
husband's absence from town," she
said. World-IIerald.
HAB.0LD BAND DIES .
IN OMAHA HOSPITAL
Harold Rand, son o the late Frank
Rand, of Louisville, died Saturday
in an Omaha hospital after a long
illness. Kis funeral occurred Monday
with interment at West Lawn ceme
tery in Omaha. He was 2S years old.
He was a taxi driver. ..
His mother was ' formerly Lulu
Page, a niece of C. Jf. Seybert and a
cousin of Charles Reichart.
He is survived by his widow, Beat
rice; two daughtersi Donna and
Elaine; his mother,' Mrs. Lulu Rand
and one sister, Mrs. F. G. Mack, all
The-Louisville friends extend sym
pathy to the family in their bereave
ment, Louisville Courier.
Kg Offensive
is Launched by
the Japanese
Drive Is Started as Ultimatum Is
Scorned by the Defenders
Planes Active.
Shanghai, Feb. 20. The great ar
ray of military strength Japan has
been massing here during the last
few weeks was flung against the Chi
nese positions along a 16-mile front
from Shanghai to Woosung this
morning in the greatest military ac
tion since the world war.
The purpose of the Japanese as
sault was to smash the strong Chi
nese positions near Kiangwan, two
milea north of Ilongkew park in the
international settlement, and from
that vantage point to deal with the
troops holding the ends of the line
a Chapei and Woosung.
Japanese assault lines cf infan
trymen advanced with fixed bayonets
behind a barrage of world war pro
portions laid down on the Chinese
strongholds at Kiangwan. Mean
while numerous big bombers har
rassed the entrenched Chinese.
It was reliably reported that the
Kiangwan positions had been taken
over by the Eighty-seventh and
Eighty-eighth divisions of General
Chiang Kai-shek's crack troops.
Viewed as Important.
This was looked upon as a devel
opment of the utmost importance, as
hitherto the Nineteenth Chinese
route army has done all the fighting
in Shanghai. The Japanese have en
deavored to stress the local nature of
their activities by saying their pur
pose was to chastise the Nineteenth.
General Chiang is China's chief mili
tary commander, and participation
by his troops in the action put it on
a -national rather than a local scale.
The big push started at 8:50 a.
m. The signal for it was a thunder
ing volley f rem the Japanese big
guns stationed in Hongkew park.
The Japanese ultimatum, demanding
that the Chinese forces be withdrawn
12 miles from Shanghai, had ex
pired at 7 a. m.
Three hours after the hostilities
started the Woosung end of the line
hurst Into action. The Chinese had
brought in additional artillery there.
.andithtV rained projectiles int"the
Japanese rrencnes. some oi meir
guns 'were trained on the Japanese
cruiser Yubari, lying off the Woo
sung water, front.
Japanese naval headquarters an
nounced that shells were dropping
all about the cruiser, but the Chinese
gunners had not succeeded in scoring
a'hit. World-Herald.
RATE CASE TO BE STUDIED
New York. Railroad executives
anade plans Thursday for a detailed
study, of recommendations contained
in the report of the interstate com
merce commission on the railroads
application fcr increased freight
rates. The decision to make the study
was reached at a meeting of the ad
visory committee of the Association
of Railway Executives. The step was
tahen. it was announced, with a
view to obtaining all possible bene
fit from the commission's suggos
tions. A study, also will be made of the
recommendations of Director of Ser
vice Bartel of the commission, that
the right of shippers to specify,
routes over which their freight
travels be rescinded and that pur
chases by railroads be made under
a system of competitive bidding.
These suggestions will be studied
with a view to filing exceptions to
Barters report before the expiration
of the time limit on April 11.
A committee to confer on behalf
cf the railroads with the railroad
brotherhoods over a uniform pen
sion plans was appointed, under the
chairmanship of V. Whitney of the
board of pensions of the New York
Central railroad.
DAUGHTER ATTACKS
WILL OF M0THEE
Lincoln,' Feb. 19. Attacking two
wills signed by Mrs. Metilda C. Gale,
both, naming the Bryan Memorial
hospital as a beneficiary, Wreatha
Gale Blodgett, a daughter, filed a
petition in county court here . Fri
day for administration of the estate
without. probate of either testament.
The first will gave the hospital
all of the principal, after the daugh
ter had used the income during her
life. The second provided that the
daughter receive the net income for
life and that the Bryan Memorial
hospital. the Nebraska Methodist
Episcopal hospital ' and Deaconess
home at Omaha "share the "income
afterwards." "
' -
Phone' thehews to "UoV 6. - -1
CAPFE2 CALLS FOE DATA. l
Washington. A resolution to di
rect the secretary cf agriculture to
repcrt the amount of profits and
losses sustained by various clashes
of traders in wheat futures eince
July, 1929, including short selling
transactions, was introduced by Sen
ator Capper. The report, which
would be due by the next session of
congress, would chow profits and
losses of large traders separately
i'rem these cf small traders and "the
amounts of such profits and losses
that resulted from the short selling
of wheat during the drastic decline
in prices since July 1, 1929."
Questioning the Justification for
the pieseut system of future trad
ing in agricultural commodities, the
resolution said it is claimed that 95
percent of the trading in wheat is
Fpeculative and that millions of dol
lars change hands annually as a re
sult of it.
Asks U. S.
to Guarantee
Bank Deposits
Rep. Shallenberger Pre poses Law to
Insuie Funds in National
Banks Fiom Loss.
Washington, Feb. IS. Insurance
of national bank deposits to restore
public confidence in the nation's fi
nancial institution was proposed in
the House Thursday by Representa
tive Shallengerger, Nebraska Demo
crat. "Something more substantial
than a proclamation against
hcarding is required to bring'
hidden money back inlo hanks
and turn it again into the chan
nels of trade," he said in an ap
peal! for early actfon by the
banking committee.
"Several bills are before Con
gress to advance government
lunds to banks after they failed
and to improve our methods cf
liquidation and administration
of bank receiverships.
"What is" needed is legisla
tion that will restore pub'lic con
fidence in our financial institu
tions, stop directors' losses and
. , keep our banks open, rather
' "than laws that eeek .to infuse
life into corporations already
dead or dying."
Shallenberger recalled that a de
positors' insurance provision was in
the federal reserve bill as it passed
the Senate in 1913, but was removed
before becoming law.
He said 90 per cent of bank fail
ures result from lav violations by
the managing officers. 4
"A depositors' insurance fund
can be established from the
profits made from the use of the
money of the insured and should
be deposited in the reserve banks
and administered by the federal
reserve board," he continued.
"Ninety per cent oi the na
tion's business is transacted
with bank checks aud drafts. A
sound depositors insurance law
would give these instruments cf
commerce a standing and se
curity cn!y second to that of the
federal reserve note itself.'
Omaha Bee-News.
TO DBAW OUT THE DOLLARS
Washington As part of the ad
ministration's effort to draw hoard
ed dollars back into circulation. Sec
retary Mills announced a special is
sue of treasury certificates would be
offered to the public March 7 in de
nominations of $50. $100 and $300.
The interest rate, will be announced
later, he said, and will be at least
1 i percent. It is planned that the
certificates mature at the end of a
year and be redeemable upon sixty
days' notice. The total of the issue
was not announced.
The move is tae product of -a
suggestion by Col. Frank Knox, head
cf President Hoover's anti-hoarding
organization that government secur
ities in low denominations would
draw many dollars from their pres
ent hiding places.
"The certificates will be available
to purchasers thru the banks," Mills
said. "The banks, in turn, can, if
they so desire, obtain the certificates
thru the socalled 'war loan deposit
account with the federal reserve
banks."
How about 1932 business? The
merchant who goes after it thru
the medium of newspaper adver
tising will have no cause to com
plain. Two complete illustrated:
cut services and technical assist
ance in laying out your campaign!
are available at the Journal office.
For 15c a week you can have'thcq
Daily Journal delivered to your
Store. -
Says Consoli
dation is Salva
tion of Carriers
Prcfesscr Cites Plan. Claiming That
Five Hundred Millions May
Be Saved.
Philadelphia, I'a.. Fth. IS. Con
solidation would Have America's
railroads not less than 500 million
dollars a year. Dr. Edward S. Mead,
prolessor of corporation finance at
the University of Pennsylvania told
the annual Wharton Alumni Insti
tute of Business today.
Thomas W. Woodlock. former mem
ber of th? interstate commerce com
mission, and F. J. Lisman of the
Lisman corporation. New Yojk. also
informed the institute that huge sav
ings could be made by consolidation
and co-operation aud urged action
to that end.
Dr. Mead presented results of a
research of Dr. Julius Grodinski of
the department of corporation fi
nance and investment of the Whar
ton school, which suggests the de
sirability the eventual regional con
solidation if the railroads are to
continue as a cornerstone of the fi
nancial system.
The research lists specifically 2S4
million dollars possible annual sav
inis. and estimates other savings not
now susceptible to accurate state
ments sufficient to bring the total
to 500 million dollars aud probably
more.
Dr. Mead raid the railroad struc
ture hod been buTlt on the thesis
that it was a transportation mon
opoly. In the face of the automobile,
truck, waterway, airplane, and pipe
line competiticn, the railroads are
not a monopoly and stand to lose
still more business to these new com
petitors if steps are not taken to cut
costs incurred through inter-railroad
competition and duplication. Foster
ing of railrcad competition. Dr. Mead
said, has probably been made obso
lete by these other industries.
World-Herald.
Garner is Said
to Have Wide-
Backi
i;:,,,.sm'eaa
anq
Both the Wets cxd Drye Are in
Favcr cf Texan as Nom
inee, Is Claim.
Washington. The endorsement rf
l-cth "wets a::d dry" wis claimed in
the house lor Speaker Gainer, a
derocratH presidential pob.iibility.
During a discussion of law suits in
volving Bishop Caanon, RrpreFenta
tive Planton. an ardent prohibition
ist, predicted Garner would sweep
the country because "the people be
lieve there is something here "beside
the liquor question."
The Texas democrat r.pcke in re
ply to remarks made Thursday by
Representative Tinkham, challenge
ing Bishop Cannon to an cpen court
trial cf the $500,000 libel suit tbe
churchman has filed against him.
Garner was brought into the discus
sion by Representative Schafer, anti
prohibitionist. He said that tho Gar
ner voted against the eighteenth
amendment and the Volstead act,
he voted for "the notorious five and
ten" law.
"We can realize why the father
of the eighteenth amendment. Sen
ator Sheppard, and the htepfather,
William G. McAdoo, came out fcr
him." Sclmfer ssiid. "Mv frisnd will
find that the man 1 nominated will
get every vote iu the gentleman's
district except one, because every
progressive he represents i3 going
to vcte for him," Blanton replied.
Schafter retorted that Garner,
"who has been concemuing the delay
in the reorganization of the execu
tive departments also voted for 24
million dollars to be given the execu
tive, without restriction, for the pur
pose of dry law enforcement."
"I want to call the attention of
the country to this," Blantcn said,
"that William Randolph Hearst, a
notorious wet, endor:es the man 1
nominated this morning cne of the
great drys in the United States, Wil
liam G. McAdoo, endorsed him. So
you see he has the endorsement of
the wets and the drys. It is an eco
nomic question." State Journal.
THE0D0EE ROOSEVELT
ARSIYES AT T0KI0
. Tckio,. Feb. 19. Col. Theodore
Roosevelt, new governor of the Phil
ippines, with Mrs. Roosevelt and his
daughter, Grace, arrived here Friday
Bight by automobile and were guests
at Ambassador W. Cameron Forbc3
at the United States embassy.
"See it before you Duy it."