The Montana Standard from Butte, Montana • 2

MONTANA STANDARD, BUTTE, TUESDAY MORNING, MAY 16, 1944 Tax Decision Is Made by Court Ruling Issued in Airlines Matter WASHINGTON, May The Supreme Court, in its first decision involving state taxation of interstate air commerce, Monday down the principle that the home state of an air line has the right to tax all its property which does not remain continuously out of the state during the tax year. The five-to-four opinion by Justice Frankfurter upheld a personal property tax which Minnesota levied in 1939 against the entire fleet of Northwest Airlines, which has its headquarters in St. Paul. The decision was one of a series on state taxation in which the court also: 1. Ruled that a company outside of Arkansas was not required to pay the state's 2 per cent sales tax on orders obtained by solicitors or by telephone and mail.

2. Upheld the validity of an Iowa law imposing a 2 per cent tax on personal property bought for use in the state and making a retailer responsible for collection of the levy. 3. Upheld an Indiana measure providing for income tax on gross receipts from sales made by Indiana branches of a company incorporated in other states. In the Northwest Airlines case, Justice Frankfurter said that company's domiciliary state was Minnesota because the company's principal place of business is at St.

Paul. "The relation between Northwest and Minnesota- a relation existing between no other state and Northwest- and the benefits which this relation, affords foundation are for the the constitu- taxing power which Minnesota has asserted," Justice Frankfurter said. On the basis of rights which only Minnesota originated and Minnecontinues to safeguard, she alone can tax the property which is permanently attributable to Minnesota and to no other The fact that Northwest paid personal property taxes in 1939 to other states on a proportion of its fleet, Justice Frankfurter said, did not abridge Minnesota's power of taxathe home state of the fleet. Justice Stone, in a dissent joined by Justices Roberts, Reed and 1 Rutledge, contended the tax violated the commerce clause of the Constitution. Bridegroom, 14, and Wife, 21, Being Taken to Los Angeles DENVER, May -Ellsworth Wisecarver, 14, and his 21-year-old bride left by plane Monday for Los Angeles, where Mrs.

Wisecarver has been charged with child stealing. The pair entered the plane holding hands, and "they still insist they are very much in love with one another," said Deputy Sheriff W. O. Reynolds of Los Angeles, who arrived here to take the Wisecarvers back west Reynolds accompanied by his wife, who has been specially deputized in the case. He said the case is important in Los Angeles "as it may set a precedent for handling future cases in which women elope with underage The bride, Elaine, was accused of child stealing by the boy's mother.

No charges have been filed against Wisecarver, although Reynolds brought with him a waiver from his mother for his return. The couple was apprehended here May 4 when they arrived on honeymoon. Police Lieutenant Back on Duty Police Lieutenant James E. Mooney returned to duty Monday, after an absence of three months, during which he underwent four major operations. He appeared in excellent health, although weak from his long confinement.

Mooney is acting as night chief during the absence from the city of Night Chief Jack Duggan. Try Our THRIFT WASH Service Cash and Carry, Discount C. O. D. LAUNDRY 400 East Park Phone 5401 Treasure State News Items Bank Debits in Montana Down Federal Reserve Report Issued HELENA, -Bank debits in Montana' during April, 1944, were 10 per cent less than in the same month last year, the Helena branch Federal Reserve bank reported Monday.

of the 16 reporting cities decreased bank debits for the month. Increases were noted at Bozeman, Deer Lodge, Havre, Kalispell, Malta and Missoula, with decreases at Anaconda, Billings, Butte, Glasgow, Glendive, Great Falls, Harlowton, Helena, Lewistown and Miles City. April, 1944, bank debits totaled $106,381,000, compared with a total of $118,652,000 in April last year. During the first four months of 1944 the volume -of Montana bank debits was 10 per cent greater than in the comparable period of 1943. Bank deposits are regarded as a business barometer, as they represent, principally, checks against bank depositors accounts in payment for goods, services and debts.

Miles City Crash Takes 7th Victim CASPER, May Corporal James W. Cleaver, an aerial gunner from Springfield, died Sunday morning at a Miles Oity, hospital from injuries received in the crash of a B-24 heavy bomber from the Casper Army air field, near Miles City, Saturday morning. crew of died from the He was they seventh man in a crash. The names of the three officers and three enlisted men who were killed when the plane crashed were announced late Saturday. Lieutenant Colonel Marcus A.

Mullen, station commandant, in disclosing more recent details of the crash, stated that the condition of the four survivors who are in the Miles City hospital, is satisfactory. ing The flight plane a and was on crashed a combat as the trainsult of an emergency landing. A board of officers has been appointed to investigate the crash. David J. Ryan Seeks Supreme Court Post HELENA, May J.

Ryan of Great Falls Monday filed his petition for nomination on the non-partisan ticket for associate justice of the Montana Supreme Court. Ryan was the fourth to file his petition for that office with Secretary of State Sam W. Mitchell. He is former railroad man and was graduated from the University of Colorado's law school. Health Report Made Public HELENA, May undulant fever, epidemic meningitis, and Rocky Mountain spotted fever all appeared in the Montana board of health weekly report issued Monday.

Four persons are ill with meningitis, three in Phillipsburg and one in Great. Falls, Wolf Point has one case of spotted fever, Great Falls one case of malaria and Stevensville a case of undulant fever. The spotted fever case is the second in the state to date this year. Other diseases reported by Dr. B.

K. Kilbourne, state epidemiologist, included three tuberculosis, two diphtheria, 30 scarlet fever, measles, 44 German measles, one whooping cough, 39 chickenpox and 47 mumps. Death Probed HELENA, May (Red) McLaughlin, 57, whose body was found in a shallow gulch: 100 feet from the state capitol boiler room Sunday, died of shock, exposure and suffocation, a coroner's jury decided late Monday. The man's body was discovered face down in weeds and gravel in a gulch bottom by Miss Nellie Sites who had gorie to the area to find some discarded bricks, according to Sheriff-coroner E. R.

(Chub) Munger. New York 15 hours 00 minutes Call 3241 2 East Broadway Northwest Airlines GREAT PALLS HELENA BILLINGS GRAND CLINES FARGO BUTTE MILES CITY BOSTON OST. PAUL ane short, route between ROCHESTER MADISON DETROIT fast CHICAGO ed SEATTLE CHICAGO Death Summons Miss Gaughan Dies at Home on South Idaho Miss Frances Gaughan, daughter of Anthony Gaughan, South Idaho, and the late Mrs. Gaughan, died Monday evening at the family home, following a prolonged Illness. She was a native of Butte and attended local schools.

Her father is a deputy sheriff and for the past year has been serving as jailer. Surviving relatives in addition to her father are an aunt, Miss Rose Gaughan, Butte; uncle and aunt, Mr. and Mrs. William Serrett, Nye, uncle, William Gaughan, Butte, and an uncle, Hugh Gaughan, in Canada. There are aunts in San Francisco and cousins in Butte, West Virginia, New York, England and Ireland.

The body is at the Daly-Shea mortuary. WILLIAM SWAYZE William Swayze, 61, of Silver Star, died Monday morning in Butte hospital following brief illness. A sister, Mrs. John T. Pogson of Silver Star, survives.

The body is at the Richards chapel. St. Mary College to Graduate Two Butte Girls Mary Lou Connors and Margaret Mullen, two Butte girls, will 1 be members of the graduating class at St. Mary college, Xavier, June 2. Each will receive bachelor degrees in music.

Miss Connors, who is a daughter of Mrs. Ed F. Connors, 15 East Woolman street, majored in voice. She gave her senior recital last Sunday. Miss Mullen, daughter of Mrs.

Nellie Mullen, 1877 Harrison avenue, majored in instrumental music. She will present her piano recital May 31. Both girls have been prominent in campus activities during their four years at college. Legion to Honor Dead Wednesday Silver Bow post of the American. Legion will hold its annual memorial services Wednesday night.

Nine members died in the past year. The Rev. Frank L. Harrington, state chaplain, will give the invocation, while Bion W. Hall will deliver the eulogy.

Post Commander Walter Barnard will preside. It will be a joint meeting, with the auxiliary. All both groups have been urged to be present. The program will begin at 8 o'clock. Following the exercises and business meeting, member's of the and 8 will provide entertainment, assisted by its auxiliary, the 8 and 40.

According to Indian legend, the Finger lakes in New York are imprint left -by the hand of the Great Spirit. Butte Briefs HIAWATHA COUNCIL -Hiawatha council No. 4, Degree of Pocahontas, will hold a public social at 2 o'clock Tuesday afternoon in the I. 0. 0.

F. hall, 58 West Broadway. At 8 o'clock Tuesday evening a regular business meeting of the county will be held in the same hall, with Laura Lewis, Pocahontas, presiding. AT MURRAY-Patients admitted Monday at Murray hospital were Charles W. Murphy, 705 North Main; Kenneth Peterson, Norris, and Mrs.

Ernest Foster, 1025 East Galena. DISCHARGED--Patients discharged Monday from Murray hospital were Selwyn Davis, 2301 Maple; Thomas C. Colley, Whitehall; Mrs. John Laskey, South Wyoming; William Peryam, 331 North street, Walkerville; Mrs. Verner Koski, East Park; Joseph W.

Sullivan, 2 Ridgley. MARRIAGE LICENSE--A marriage license was issued Monday by Elmer Shea, clerk of the district court, to Raymond Birlew, 24, and Lillian Herman, 19, both of Butte. TO ATTEND MEET-Mrs. Betty Nelson, South Dakota, left Monday evening for Wilmette, where she will attend sessions of the 100th anniversary celebration of the Bahai faith, scheduled on May 22. The celebration will be dedicated to the order's theme of universal peace.

While in Illinois, Mrs. Nelson will spend two weeks visiting friends. IN HOSPITAL Patients admitted Monday at St. James hospital were Carol Tonkin, 902 Hornet, and Joseph Boyer, 522 East Park. Patients dismissed were Mrs.

Jose Jaramillo, 30 East Broadway, and Mrs. J. H. Shute, Virginia City. BABY GIRL-Mr.

and Mrs. Sam Stevenson, 1005 West Park, are parents of a daughter, born Sunday at St. James hospital. TO DEER LODGE -J. N.

Templer, supervisor in charge of the Deer Lodge National Forest, attended to business matters in Deer Lodge Monday. SEWING CLUB -The sewing club of the Martha Rebecca lodge will meet Tuesday evening at 8 o'clock at the home' of Mrs. J. P. Wills, 115 Missoula avenue.

The Demand for Trained Beauticians Far exceeds the supply. Consider this splendid good -pay field for your career. McCarroll Beauty School Butte 2-1508 NEW CLASSES NOW FORMING Cannon Files for Office Seeks Lieutenant Governor Post Small Business Hearing Set HELENA, May 15. (P) Senator James E. Murray arrived here Monday to prepare for a Senate small business committee hearing opening Wednesday on protests from Montana Independent grocers against a proposed new method of publicizing OPA celling price schedules.

At a hearing before OPA officials here February 21, the Montana grocers contended the proposal would result in financial loss to them. Senator Murray said the hearing was called on application of the Montana trade commission, and might last for two days. It will be held at the capitol. Thorkelson in Governor Race HELENA, May Thorkelson of Butte, former congressman from the first (Western) district, today filed for the Republican gubernatorial nomination at the July 18 primary. Thorkelson served in the House from 1938 to 1940.

He was defeated in 1940 renomination to the House and in 1942 for nomination as Republican candidate for U. S. senator. In his petition for nomination filed with Secretary of State Sam W. Mitchell, he said if nominated and elected, He would "subscribe to the Constitution and the government therein proclaimed; to state rights and the rights of its citizens, the sovereign, to rule the state and the government of the United States.

It is obvious that we, the people, have lost our inherent rights through our own neglect, and the criminal failure of the state government to preserve and protect its own and the rights of its sovereign citizens to rule the state, and jointly with all citizens, the "overnment of the United States. I pledge my aid to restore these rights and the full value of the national constitution." Malta Man Files for State Auditor Post HELENA, May (P) E. J. Mo of Malta today filed his petition Secretary of State Sam W. Mitchell for nomination on the Republican ticket for state auditor at the July primary.

Mo came to Montana from Minnesota 32 years ago. He served in the State Legislature in 1919, representing Sweet Grass county, and was sergeant-at-arms of the House at the 1943 session. He formerly was projects supervisor for the Montana Water Conservation board and was Farm Security administration supervisor in Phillips and Valley counties. Wage Increase Is Authorized DENVER, May 15. (AP) The Ninth Regional War Labor board has directed the Mountain States Telephone and Telegraph company of Helena, to grant a general wage increase of five cents per hour to 241 employes of the Montana plant department.

The WLB explained Monday the increase is allowable under the little steel formula. Under the new wage rates, daily pay for the plant department employes will vary from $8.40 for first year apprentices to $11.90 for foremen. The company's request for a change in the present practice of paying double time for overtime was denied. The directive issued following 8 dispute between the company and the International Brotherhood of Electrical Workers (A. F.

of Industry members dissented in the decision. Alfalfa Seed Is in Demand BOZEMAN, May Agronomist Ralph D. Mercer of Montana State college Monday urged state farmers to expand alfalfa acreage "to meet increased demands for seed." He said it is not too late to plant alfalfa now, although the most favorable period is from April 15 to May 15. He emphasized that this year Montana is being asked to produce alfalfa seed on 100,000 acres as compared with 65,000 acres in 1943, so great is the war-time demand for seed. Liquor Deal Is Made by Board Stock Dividends May Be Imported HELENA, May H.

MacDonald, state liquor control board administrator, said Monday the board was offering Montana Stockholders of American Distilling company stock the opportunity to bring liquor dividends into the state for partial sale to the board. Previously the board had prevented the stockholders from bringing liquor dividends into the state. MacDonald said the board had made the following proposition: "The board will, pay for all such liquor (dividends brought in) at the OPA ceiling price, which is $24.45 per case for privilege brand whiskey. Forty-three per cent will be retained for distribution to the public other than to the stockholders. Fifty-seven will be resold to the stockolders furnishing the liquor, with the state markup added but this will not affect the ration." MacDonald said anyone may take advantage of the proposition.

He said holders of American distilling stock had accepted the proposition. G.O.P. Committee Members Named (Continued From Page 1) Gov. John W. Bricker of Ohio, and Lt.

Comdr. Harold Stassen of Minnesota. Frank P. Leslie, Minneapolis business man, headed the Stassen group, and the Bricker group was led by State Senator Roscoe R. Walcutt of Columbus, Ohio.

Each party will nominate four presidential electors at convention sessions tomorrow, in addition to choosing national convention delegates. HELENA, May 15. -(P) Mrs. Mary Fulton St. John of Miles City was re-elected state chairman of the Young Republicans of Montana at a meeting of the organization here Monday.

Frank Whetstone of Cut Bank was named first vice chairman; Mrs. R. J. Holzberger of Great Falls, second vice. chairman; Mrs.

Marian, Mrs. Graham Catherine of Missoula, Gibb Mathis secreof Miles City, treasurer; Mrs. E. G. Parrish of Lewistown, national committeewoman, and Winfield E.

Page of Missoula, national committeeman. Executive committee members chosen included Mrs. Paul Viehweg and Mrs. J. C.

Garlington, Missoula; Tom Pickard, Ekalaka: Jack Hannah, Moore; Roland Egan, Lewistown, and a Mr. McMichaels of Paradise. The Montana Young Republicans endorsed the nomination of Winfield E. Page, regional director of the Young Republican Federation for the Pacific Northwest, as a delegate to the G. P.

national convention. They also endorsed what they tabbed "the return to government for servicemen, labor, agriculture and industry as against rule by edict or directive without regard to provisions of the Constitution. Supreme Court Considers Several Matters HELENA, May The Montana Supreme Court Monday took under advisement an appeal action by school district 13 of Prairie county and County Treasurer R. V. Norris against an injunction which prevented sale of a county school house.

The injunction was obtained from a protest of Herbert E. Hoagland, Prairie county superintendent of schools, through a Prairie county district court ruling November 4, 1942. Other actions taken under advisement by the Supreme Court included one by Susie Beck of Fallon county, against the Norbeck company of South Dakota and Susan Wight, sued for adjustment of a gas lease on Fallan county land. The defendants appealed from a ruling for the plaintiff on October 2, 1942,. by the Fallon county district court.

Also under advisement was the action of the state on relation of Frank Johnson against Garfield county involving a a a a petition to compel the county to resell tax deed lands to Johnson. The case was appealed by the county from a Garfield county district court decesion favoring Johnson oh May 21, 1943. COMFORTS BUDDY'S MOTHER- Pvt. Julian Benac, who escaped from the Jap-held Philippines by the help of natives, is pictured in Gallup, N. as he comforted the mother of a buddy who didn't even get off Bataan.

Pvt. Benac and a few others got away to Australia, (International Soundphoto) Paul Cannon, Butte businessman and a member of the State House of Representatives for three terms, Monday night announced he would be a candidate for the Democratic nomination for lieutenant governor at the July 18 primary. Cannon, a veteran of World war was speaker pro tem of the House during the 1941 session, and minority leader during the 1943 session. Pioneers to Mark Mother's Day The Butte Pioneer club will hold a Mother's day program in connection with its regular. meeting tonight.

President Fred Scheur will preside. The following pupils of the Blaine school will present a Mother's day tableau under the direction of Miss Marian Jo Cusick, Bobby Rowe, Joey Milfies, Jackie Miljies, Tom Mill, Fred Harvey and Charles Van Alstine. Violin selections will be rendered by Mrs. Henry Ladendorff, accompanied by Mrs. Russell Smith.

Gloria Lee Sampson will give a reading. The Rev. James Mackin of Anaconda will give the Mother's day address. The following new members be initiated: Frank Morelli, Harry Dyer, Mrs. Lottie Rowe, Mrs.

Martha McGover, Evely Sager, Fred Heffern, Harry A. Slenker and Etta M. Reardon. Judge McNamara's orchestra will play for a dance. AS WE HEADED FOR HOLLANDIA -Troopers take their ease aboard a landing ship as, its deck packed with trucks, the Coast Guard-manned vessel moved smoothly in the wake of two other LSTs toward the successful MacArthur landing at Jap-held Hollandia, New Guinea.

The smoke or steam pouring from the side of the ship just ahead is not explained. (International) Renegotiating War Contracts Time Is Reduced WASHINGTON, D. C. New standard forms for renegotiating war contracts, adopted recently by the various government procurement agencies, have already lopped from five to six weeks from the time usually required to complete the renegotiating process, Director of the Budget Howard D. Smith advised Senator Murray, chairman of the Senate committee on small business.

Director Smith submitted to Senate committee a report on the operations under the federal reports act of 1943, covering the period from January 1 to March Was" 1944. This authorizing law sponsored by the committee. The new forms are the result active co-operation A between Budget Bureau, the Advisory Committee on Government Questionnaires, and the War department. participating federal agencies included the Navy department, the Procurement of the Treasury department, the Maritime commission, War Shipping administration, the Reconstruction Finance Corporation, the Defense Plant corporation, the Defense Supplies corporation, the Rubber Reserve corporation, and the Metals Reserve company. After several months of persistent work and frequent conferences, the report says, a standard set of forms was devised and has now been adopted by all agencies working on the renegotiation of contracts.

In addition to the saving from five to six weeks through the elimination of the necessity for conducting extensive negotiations with company officials as to the type of information necessary for renegotiation, the new forms have made it possible for preliminary negotiations formerly requiring four or five meetings with important company officials to be completed in one Henry Brinig Buys Half Interest in Keene Shoe Store Henry Brinig, long-time Butte business man, has purchased a half interest in the Keene Shoe store, it was announced Monday by Boris Gershowsky, active head of the business since 1824. his 1900 and in 1917 Mr. Brinie, came to Butte with started the Shirley Clothes Shop, a men's clothing store, which continued business in Butte until last year. When the store closed Mr. Brinig took an extended trip visiting Portland, Los Angeles and San Francisco looking over business prospects.

"After careful examination of the possibilities in scores of cities," Mr. Brinig said, "I decided I would rather be in business in Butte than anywhere else." The Keene Shoe store was established 34 years ago by Albert Keene and Abe Adelstadt, catering to the family shoe trade. Ladies, children's and men's shoes in all popular price lines were carried then and are carried today, Mr. Gerskowsky stated. Mr.

Gershowsky was appointed manager in 1924. and bought out the interest of Mr. Keene 1932. Three years ago he sold a half interest to the late Gabe Oppenhelmer. It is this interest that Mr.

Brinig has taken over. Asthma Mucus Choking, Fought Easy Way gasping, wheesing, recurring atand tacks of your Bronchial blood Asthma ruin your sleep rob of vitally Important oxygen because you can't air in and out of your lungs properly. But now 16 is no longer necessary to suffer from these terrible attacks without the benent you may receive from a physician's prescription called Mendaco. Within a very short time after the first dose, Mendaco ingredients start cirsmallest culating thru the blood, thus reaching the as well as the largest Bronchial tubes where they usually quickly help liqueloosen and remove thick strangling nucus (phlegm), thereby promoting freer breathing more restful aleep. Get Mendaco from your druggist today.

Take it exactly as directed and see the results in your antee own particular case. Under our guarreturn unless completely satisfied you simply the empty package and get your money back, Three guaranteed sizes: Only $1.25, $2.50 Blaze Destroys Dillon Building Cause of Fire Is Not Determined DILLON, May building which housed the Mint bar, now vacant, was destroyed by fire Monday. Volunteer firemen fought the blaze from 3 to 8 o'clock and were able to keep the fire from spreading to the adjoining State bank and Frank Unangst buildings. the city's largest blaze in 15 Cause of the fire was not determined, but it is believed to have started in the basement where it smouldered for some time before it was discovered by Ambrose Henneberry who turned in the alarm. The blaze worked up the back wall causing the first floor to cave in and Firemen proceeded shot up to streams the of second water story.

up on the second floor and prevented the roof from being totally destroyed. The building contained equipment and materials owned by Glen Lyon. only Everything the inside charred was four destroyed walls and and a roof remained. The buildings on either side suffered only from the smoke. Built in the late 1880's and owned by Mrs.

E. L. Poindexter, the building has housed a pool hall and bar since that time. It has been closed for the past two years but formerly was operated by Mr. Lyon for years.

Mr. Lyon revealed today 16 that arrangements were pending the lease of the establishment to for Helena man who planned to open it in the near future. Mr. Lyon stated that the equipment was partially covered by insurance. Estimate of the amount of damage had not been computed.

CLEARED OF CHARGE NEW YORK, May federal jury Monday night found Frederick Heizer Wright, a New York Daily News copy reader, innocent of charges of conspiring with Japanese officials and serving as a Japanese agent before Pearl Harbor without notifying the State department: Sum Is Restored to Appropriation Bill WASHINGTON, May Senate appropriations subcommittee voted late Monday to restore to the Agriculture department appropriation a $50,000,000 fund for continuation of federal aid to school lunch programs. The item had been cut from the bill by the House. The sub-committee also voted to restore a House-deleted appropriation for the Farm Security administration, which makes rehabilitation loans to needy farmers. The Budget bureau recommended that the FSA be given $28,500,000 for administration and $97,500,000 of additional lending authority, but the Senate sub-committee was reported to have cut the administration fund somewhat. The recommendations will be laid before the full committee Tuesday.

Condition of Man Hurt in Fall Poor Frank McNulty, 50, of 1114 West Gold street, is a patient at St. James hospital, suffering from injuries sustained Sunday in a fall on North Main street. According to hospital attendants Mr. McNulty, widely known throughout the Mining city, is in "poor condition." He suffered a severe head injury in the mishap. Late last night he was resting easily.

Townsend Club Has Regular Meeting John Cavanaugh delivered a talk on the Townsend plan at a regular social meeting of Townsend club No. 6 Monday evening. Mr. Cavanaugh was one of. the organizers of the South Side Townsend club.

Melvin Dixon, president of the club, was in charge of the meeting. FUMI-FREEZ LETHOL-GAS. 3.00 GENUINE FRIGIDAIRE Includes 6100 COLD STORAGE- Insurance Cold Storage Alone Is Not Enough SYMONS FUR DEPT. friedad Proven Years! PAINT WASHABLE WALL FINISH 1 Modern Paint to Protect and Preserve Your Home ECONOMICAL ONE COAT COVERS. WASHABLE: DRIES-1 HOUR JUST ADD WATER BRUSHES ON EASILY KEEP YOUR WALLS NO PAINTY ODOR I gellen of PAQUA COVERS PRESH and CLEAN.

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