The Montana Standard from Butte, Montana • 2

Treasure State News Officers Leaving To Return Man in Murder Standard, Tuesday, December 1, 1959 NP Yardmaster At Helena Dies MISSOULA (AP) Ernst Nyman, 73, general yardmaster for the Northern Pacific in Helena and a railway employe 57 years, died at a Missoula hospital Monday. He had been on sick leave the past year. He was born Sept. 18, 1886, in Ashland, and came to Mon1887. He started work for tanap in Helena in 1902.

Only survivor is a brother, Carl of Missoula. Passersby Fail To See Man Hanging in Tree HELENA (AP) Thousands of motorists and boaters have passed within a short distance of a man's body, which was hanging from a tree, without recognizing it. Authorities Monday sought to identify the dead man. Two boys, out hunting, spotted the body Sunday near Wolf Creek. It lying on ground with a parted rope the neck and the rest of the rope on a tree limb above.

Undersheriff Reed Collings said conditions indicated the body had been there three or four months. The rope apparently had rotted and broken from the weight. Collings said it appeared efforts were made to prevent identification since there were no papers. The clothing indicated the man may have been a ranch worker. Deputies checked out at least three leads to his identification.

"We marveled that the body had gone, unnoticed for so long." have Collings commented. "It been visible to boaters on the Missouri River, from the side road to Holter Dam, was 150 feet from the Bear Tooth Ranch road, and within a mile of the heavily traveled U. S. Highway 91." Aronson Leaves State for East HELENA (AP) Lt. Gov.

Paul Cannon became acting chief executive Monday as Gov. J. Hugo Aronson left for a pair of eastern meetings. Aronson will attend a White Sulphur Springs, W. meeting of the National Governors Conference Committee on Highways and Highway Safety and will preside over the fall meeting of the Interstate Oil Compact Commission in Philadelphia.

He plans to return to Helena next Monday. Cannon arrived in the Capital City Sunday. Court Upholds Estate Grant to Yugoslavians HELENA (AP) Montana's Supreme Court Monday upheld a Cascade County District Court order granting nine Yugoslavians a share in the estateade Tony Ginn, who died in County in 1955. In 1957, Judge John B. McClernan, Butte, granted reciprocity of inheritance rights to the nine Yugoslavia residents.

The Court's 3-2 ruling paves Supreme, for payment of five-sevenths of the estate, valued at $37,300 in July of 1956, to the Yugoslavians. The remainder of the estate was left to heirs in this country and in other foreign countries. The majority opinion, written by Chie Justice James T. Harrison, said there was "substantial, in credible and sufficient evidence record to support the judgment and decree of the district court." In the dissenting opinion, JusR. V.

Bottomly wrote: tice, dissent several reasons including that where no reciprocity, in truth and in fact exists, we should not continue to send money out of this country to Yugoslavia, a Communist-controlled country, for use in opposition to our form of government." The had argued the district costat was in error in finding that reciprocity of inheritance and transfer existed between the United States and Yugoslavia at the date of Ginn's death. The majority opinion, however, held, "The copies of decrees of Yugoslavia courts before us find that reciprocity exists between the United States and that country and based on such finding further provide for distribution of property located in Yugoslavia to American heirs." Awards Appealed HELENA (AP) Two separlate a damage total of suit $5,495 verdicts, to a award- Fallon County gravel supplier, were appealed Monday to Montana's Supreme Court. The suits originated in the 16th Judicial District Court of Judge W. R. Flachsenhar, Forsyth.

Two juries made the awards to Wilbur B. Harding from Bober Construetion Minot, N.D. Harding claimed he furnished, crushed and hauled gravel to Bober in construction of roads. He said the company did not pay him the full contract amount for his work, done in 1956. Railroads in the United.

States were using 23 different gauges of track in 1871. (Toole Advocates State Cattle Feeding Program CONRAD (AP)-Montana could add to its assessed valuation by developing a cattle feeding program, Democratic gubernatorial hopeful Jack Toole said Monday. "Montana needs more taxpayers, greater development of all our agricultural and other resources and an expanded the Shelby cattleman declared. "We do not ON need more tax increases. would throttle industry and agriculture and cost Toole, in a talk prepared for a luncheon meeting in Conrad, said of cattle feeding development, add to the assessed valuation by keeping thousands of cattle and millions of bushels of feed grain in the state past assessment dates.

He estimated that Montana each year exports 500,000 feeder cattle and millions of bushels of feed grains, such as barley, to the Midwest, where they are combined to produce grain fed beef. He said Midwesterners buy Montana barley to finish their so-called corn fed cattle because barley produces a whiter fat and makes a more appealing beef. Blow on Head Fatal to Man BROWNING (AP) A 30-yearold man died in a Browning hospital late Sunday of what officers said apparently was a blow on the head. The victim, Grinnell Joseph Edwards, had been found unconscious in his cabin west of Browning about nine days ago. Indian police and the FBI are investigating.

An inquest is planned. Billings to Annex Big Area Again BILLINGS (AP) West Billings, with its estimated 10,000 residents, plus a few more subdivisions, will again be annexed to the city Tuesday night, the Billings City Council decided at a special meeting Monday afternoon in the mayor's office. William J. Fry city clerk, was directed to draw up another resolution of annexation in time to be voted on Tuesday night at the regular council meeting. All of the area in the previous annexation resolution with the exception of some agricultural land, plus some subdivisions on the edge of the area, will be included in the annexation zone.

Thus, while leaders of the protestants of the last annexation move celebrated their recent victory in court, city leader. mapped plans to do the thing over again. Protests to becoming a part of the city of Billings appeared to be growing weaker Monday as West Billings residents picked up petition forms at the City Hall to ask for annexation. said they felt annexation. would Both city, and county officials now be favored by a majority of the residents of the area.

District Judge George J. Allen last Friday ruled the action by the City Council for annexation of West Billings had failed since apparently more than 50 per cent of the resident freeholders had signed petitions against annexation. Allen's decision was based on an estimate of the number of such freeholders, submitted by Fry, of 4,666. Amendment Is Asked On Proposal for Power Dams in State WASHINGTON (AP) The wis-Clark G. and T.

Cooperative, Walla Walla, Monday asked the Federal Power Commission to amend a preliminary permit issued last June for a proposed hydro electric project on Yaak River in Lincoln County, Mont. amendment would add three additional proposed dams powerhouses to the original permit which covered the proposed Long Meadows Reservoir and a power house with 25,000 kilowatts installed capacity. The proposed dams are known as Yaak Falls, Six Mile and One Mile. The powerhouses in. connection with each would have a total of 82,000 kilowatts installed capacity.

Lewis-Clark is an association of 10 rural electric cooperatives. Power to be generated at the 4- dam project would be to supply long range needs of the members, with any surplus going to the Northwest Power Pool. The commission previously issued a preliminary permit to Northern Lights, Sandpoint, Idaho, member of the LewisClark cooperative, for the Yaak Falls, Six Mile and One Mile sites. However, Northern filed a request to surrender its permit concurrently with the application by for the amendment. A preliminary permit does not authorize any construction.

It gives the holder priority while making the studies necessary to prepare an application for a commission license. HUGE FLAG The flag atop the George Washington bridge, between New York and New Jersey, measures 60 by 90 feet and is the second largest in the world. (Butte Youngster Reported Missing Gerald Rice, 10, of 1854 Garrison was reported missing, the Butte sheriff's office said Monday night. The to youngster's mother said he was last seen at 4 p.m. Monday.

At the time of his disappearance he was wearing gray, levis, a dark gray car coat, has brown and brown hair. Officers eyes issued an all points bulletin on the missing boy. Mrs. Dansie Is Taken by I Death DILLON-Mrs. "Lucille Jackson Dansie of Live died Nov.

28 in a Marysville, hospital. Rosary will be recited Tuesday at 8 p.m. in the Brundage Chapel at Dillon. Requiem mass will be celebrated Wednesday at 10 a.m. in St.

Rose Catholic Church, and burial will be in the family plot at Mountain View Cemetery. Mrs. Dansie was born July 13, 1909, at Jackson, daughter of the late Mr. and Mrs. Martin C.

Jackson of Jackson. She attended Jack-1 son and Dillon schools and was a graduate of Hollywood High School. She is survived by her husband, R. Lyston Dansie; son of ter-in-law, Mr. and Mrs.

Jackson Dansie of San Francisco; brother and sister-in-law, Mr. and Mrs. Noel M. Jackson; sister and brother-in-law, Mr. and Mrs.

Allen -S. Dansie of Jackson, and several nieces nephews. Mr. and Mrs. R.

Lyston Dansie celebrated their 25th wedding anniversary Oct. 5, 1953, at the Diamond Bar Inn at Jackson. They had made their home in Live Oak, the past 11 years. Mrs. Cantrell's Funeral Today DILLON- rites have been arranged for Mrs.

Ida M. Cantrell, who died Saturday in Barrett Hospital after a brief illness. Funeral services will be Tuesday afternoon at 2 o'clock from the Baptist Church with the Rev. George Stephan officiating. Interment will be in the family plot at Mountain View Cemetery.

Mrs. Cantrell was born at Humansville, in 1895 and came to Montana in 1914. She was married to E. H. Cantrell in 1917 at Billings.

Mr. and Mrs. Cantrell came to Dillon in 1923, after brief residences at Butte and Anaconda. Mrs. Cantrell had been a lifelong member of the Baptist Church, where she was a deaconness, president of the Women's Christian Fellowship, and chairman of the flower committee.

She was instrumental in helping the church obtain tower chimes and also worked tirelessly to have a memorial plaque erected for World War II veterans. She was a gold star mother, being preceded in death by a son, LaRue, who was killed in action in 1943 during World War II. Survivors include her husband, Everett H. Cantrell, Dillon; son and daughter-in-law, Mr. and Mrs.

Harold M. Cantrell, Kalispell; sisters, Mrs. J. E. Gilpin and Mrs.

L. E. Jones of Livingston, Jennie Conner, Bozeman, and Belle McCracken, Flemington, Mo. Four Youths Convicted Of Assault in Which Girl Killed Boy ROME (AP)-Four youths were Monday of molesting a convicted, who fought back and killed one of their friends to protect her virtue, However, none is going to jail. Two were given 16-month suspended sentences and two were freed without penalty after pleading guilty in Juvenile Court to obscene acts and committing carnal violence against Alba Sprighi, 18.

Alba slashed out wildly with a when the gang, ranging in age from 14 to 16, attacked her knife last Aug. 23 as she walked along railroad tracks near her home. Benedetto Argenti, 16, fell and bled to death. The girl became something of a national heroine in an Italy appalled by growing juvenile delinquency. A magistrate ruled she acted in self-defense.

Short Side of the News Everest Jennings WHEEL CHAIRS Fold to 10 Inches RENTALS SALES TEN BUTTE ORTHOPEDIC APPLIANCE CO. 11 8. Montana Ph. 3-2215 BRUSSELS, Belgium (AP) Belgium's government plans to ask NATO to cut the Belgian share of Western defense. With a 420- million-dollar defense budget under fire, Premier Gaston Eyskens said the idea is to drop 25,000 or 30,000 men from the army, which totals about 120,000.

TOKYO (AP) New supersonic Dagger jet interceptors have been assigned to the U.S. 5th Air Force unit based at Itazuke in Southern Japan. The planes have electronic fire control systems and are equipped with Falcon air-to-air rockets. MARHAM, England (AP)-Suntanned Prince Philip flew home Monday from a seven-day visit in Ghana. Piloting a -engine plane, he made a perfect landing here and promptly drove off to join his wife, Queen Elizabeth II, at the royal residence at Sandringham, 15 miles away.

Valier Boy Wins 4-H Scholarship CHICAGO (AP) Ronald Ullom, 17-year-old Northern Montana the community with a list of emergency telephone numbers. The Lone Tree Club was named the best 4-H club in the county by the Farm Bureau three different years and, in 1955, was the outstanding club in the state. College freshman from Valier, is among scholarship winners at the National 4-H Club Congress. Ullom was awarded a $400 scholarship in the safety awards program. The youth, twice a state safety award winner, was chairman of the Lone Tree 4-H Club at Valier for two years, heading tion of a hunter safety course for hunters the area.

The group a Tractor throughout, Driving Day, installed safety signs ca along highways and conducted al first aid course. Ullom, on his own, supplied each householder in Metcalf Asks State Hearing on Highway Program HELENA (AP) A special House subcommittee looking into operation of the federal aid highway program was urged by Rep. Lee Metcalf (D-Mont) Monday to hold a hearing in Montana. Metcalf's Helena office said he made the request to Rep. John Blatnik (D-Minn), chairman of the 18-man study group.

Montana's western district congressman said such a hearing appears necessary in view of the 1959 legislative highway probe and current disputes over interstate highway routings. National Weather By THE ASSOCIATED PRESS High Low Pr. Albany, cloudy 35 22 Anchorage, cloudy 34 16 Atlanta, clear 47 21 Bismarck, rain 41 34 Buffalo, cloudy 33 28 Boston, clear 37 23. Chicago, cloudy 26 Cincinnati, cloudy 38 19 Cleveland, cloudy 34 22 Denver, clear 50 26 Des Moines, cloudy 47 29 Detroit, cloudy 36 25 Fort Worth, clear 65 32 Honolulu, cloudy 81 71 Indianapolis, cloudy 36 21 Jacksonville, clear 52 26 Kansas City, clear 54 33 Los Angeles, cloudy 83 54 Memphis, clear 50 23 Miami, cloudy 67 43. Milwaukee, cloudy 33 24 Paul, cloudy 38 22 New Orleans, clear 57 33 New York, cloudy 37 25 Omaha, clear 50 23 Philadelphia, clear 40 25 Phoenix, clear 43 Pittsburgh, cloudy 30 20 Portland, clear 33 12 Richmond, clear 42 21 St.

clear 47 26 San Diego, clear 83 53 San Francisco, cloudy 72 52 Seattle, cloudy 50 39 Tampa, clear 61 29 Washington, clear 47 26 Winnipeg, cloudy 30 15 U.S. South Pole Stn. -32 -33 State Court Hears Arguments On Legality of Bank Tax Law HELENA (AP) Valley Counofficers are expected to leave for Bismarck, N.D., Tuesday morning to return Harold Brown, 33, to Glasgow to face a murder in the beating death of his charge former wife. This was reported Monday by Gov. Paul Cannon, who Acting, had signed papers asking North Dakota A to extradite Brown Montana.

The papers were mailed Glasgow and should there train about 4 a.m. Tuesday, Cannon said. It was expected that Valley County Atty. Gordon White would pick up the papers immediately. The husky Brown is charged with first-degree murder of divorced Verna Gae Brown, 31.

Body the nurse the Glasgow Air Force Base pensary was found in her Glasgow home Friday morning. Bismarck police said Brown mitted the early Thanksgiving Day fatal beating. Bismarck officers said Brown waived extradition. However, papers were requested so county officers making the trip may paid with state funds while traveling outside the state. Convicted Man Gets New Trial HELENA (AP) Montana's Supreme Court Monday ordered a new trial for a man sentenced to 15 years in prison upon viction of committing an infamous crime against nature.

The Yellowstone County District Court had turned down Norbert Ponthier's request for a new and he appealed from both denial and his conviction. The state had contended the natural sex act occurred in "bull pen" of the Yellowstone County Jail. The unanimous high court ton, written by Acting Justice H. Loble, Helena, had this say about Ponthier's argument that lower court erred in ing the cross -examination of state's principal witness: "The issues, to be resolved are these: "First, should defendant criminal case be allowed, cross-examination of a state's ness, to bring out the fact that witness is being held by the on the same or a different nal charge and that he is subject to prosecution by the same cutor, who is proceeding against the defendant? "Second, should the same fendant be allowed to inquire the state's witness as to whether premises, inducements or have been made to him by authorities?" tribunal held that the court's "refusal to allow such this case was prejudicial error." State TV Microwave System Said Longest LIVINGSTON (AP) Two Montana men said Monday they have put into operation the longest privately owned television microwave system in the United States. Paul B.

McAdam of Livingston added that viewers on the Livingston cable system the choice of five TV stations' programs, including color, or a choice of NBC, CBS or ABC network shows. McAdam and Bob Magness of Bozeman, partners in the Montana-Idaho Micro said the system would soon permit Bozeman cable viewers to have a choice of five TV stations. Carried to Livingston viewers are signals of KUTV (ABC) and KSL (CBS), both from Salt Lake City, KGHL and KOOK, both of Billings, and KID of Idaho Falls. They said Bozeman would be provided, with signals of KFBB of Great Falls, KTLE from Pocatello, KSL and KUTV. Livingston's population is 7,600 and Bozeman's 12,000.

Neither has its own TV station. McAdam said the system also has facilities for other TV companies' use. Microwave is a pencil-sized beam that. travels in line of sight, this one about 600 miles between tops of mountains. The signals are received in 400-pound spun saucers, 10 feet across, sent down to amplifying equipment housed in small steel buildings, and then sent on to the next parabolic dish.

NINE AGITATORS JAILED GUAYAQUIL, Ecuador (AP) Nine, Monday persons following were demonstration arrest a at Guayaquil's new port which being built by an American firm. Provincial authorities said munists and left-wing nationalists forces sparked the demonstration. For A Better Position PBX RECEPTIONIST Learn in 2 to 5 weeks on live boards. No age barrier. Small tuition.

Enroll now. Free placement service. BUTTE SWITCHBOARD AND RECEPTIONIST SCHOOL 325 W. Galena Ph. 2-2391 HELENA (AP) Montana's Supreme Court Monday heard oral arguments on a 1957 law under which certain bank capital is taxed.

Issues involved are: 1. Is it constitutional? 2. If so, was it effective on the 1957 critical taxing day a March 4th that year, although Gov. J. Hugo Aronson signed it into law days later? 3.

Do the Cascade County commissioners and members of the County Board of Equalization have a right contest the law? The highly, complex questions were argued for 90 minutes before the high court took the two com- Mild Weather Is In State Outlook HELENA (AP) Montanans can expect continued warm and autumn weather most of week, the Weather Bureau this, Monday. Temperatures will have their ups and downs, but will average warmer than normal. The only precipitation expected is a series of light snow showers, mostly in the mountains. Generally, the picture should be partly cloudy skies with some wind east of the Continental Divide. Forecasters issued this five-day Montana forecast: East of Divide Temperatures will average five to 12 above seasonal.

Frequent temperature changes. Frequently windy. Scattered light snows, mostly mountains areas, around midweek. Normal highs 31-38, lows 8-21: West of Divide Temperatures will average 5-10 degrees above seasonal. Frequent, but mostly minor, temperature changes.

Light snow, mostly mountain areas, around midweek and again at end of week. Normal highs 30-35, lows 10-20. .08 .01 Bozeman Reports 8 Earth Shocks BOZEMAN (AP) Eight recorded earth shocks were reported officially in Bozeman Sunday and Monday. There was no damage. Dr.

Arthur J. M. Johnson, head of the Physics Department at Montana State College, reported the details. The first was reported at 3:25.5 p. m.

Sunday, Johnson described it as strong enough to rattle dishes and to be felt generally. At 2:54 a. m. Monday there was a small tremor, felt by some persons. At 7:49 a.

m. a relatively large shock of short duration was .01 accompanied by a noise. Between 3:33 and 11:41 p. Sunday and on Monday at 1:43 a. m.

and 2:09 a. m. there were five shocks termed "very small." All were confined to the Bozeman vicinity. On Aug. 17, an earthquakecaused landslide about 60 miles south of Bozeman killed 28 persons in the Madison Canyon.

bined cases under advisement. sister case from Stillwater County may also be combined into one is court opinion. Harrison Is Disqualified Chief Justice James T. Harrison disqualified himself in the cases J. because he is a director of a Malta bank.

Acting as chief was Justice R. V. Bottomly. District- Judge W. W.

Lessley acted as a justice with Justices Albert H. Angstman, Hugh A. Adair and Wesley Castles. The Cascade County Commismissioners and tax board -were represented by their attorney, State Rep. P.

J. Gilfeather. On the other side were Cascade County Assessor William J. Ryan, County Clerk and Recorder Joseph L. Lennon, County Treasurer J.

R. Linnane, and the State Board of Equalization, represented by Ed- ward C. Shroeter. Wesley W. Wertz of Helena, counsel for the Montana Bankers Association, spoke as a friend of the court.

Angstman asked Schroeter near the opening whether this disputed Chapter 172 of the 1957 laws was the "Bankers Relief Act." Schroeter acknowledged he had heard it so called. Later Wertz sait it was called by the bankers "The Better Banking Act." Banks Said Encouraged Gilfeather argued that the law exempts from taxation 23 per cent of the banks' surplus money affected. argued that the law encourages banks to expand their Wertz, capital and that they will pay as much taxes in the long run. He said Montana banks had increased capital by 12 million dollars since the law began. The high court combined for the hearing two actions an appeal from a Cascade District Court refusal to dissolve an injunction against the law, and from a trial court judgment.

The justices were told: 1. All banks have proceeded under the 1957 law Cascade and Silver Silver Bow Has 12 2. In Silver Bow, separate challenging ing. 3. In Cascade, were paid under subsequent taxes under a compromise agreement which more a year than under the disputed 4.

In Stillwater which the Yellowstone umbus has appealed the high court, the paid under the protest. Gilfeather referred ing injunction in and said "the except those in Bow counties. Actions there are 12 actions pend- the 1957 taxes the old law, and have been paid 70 per cent has cost. $10,000 it would have law. County, from Bank of Colseparately to 1957 taxes were new law but under to the pendCascade County state will be in a el Dolan Fo PERSONALIZED PHONE 2-2124 BUTnES 57 W.

BROADWAY quandary in the future if this case is dismissed. He added, "In Cascade County, as matters stand today, the 1957 law is unconstitutional." Past Performance Cited Wertz told the court that if it acts on past performance it will not rule on the constitutionality of. the 1957 bank act because the have not developed arguments to support any claim. Lessley, speaking from the bench, also explored this point. Also explored was whether elected county officials could ques-, tion the constitutionality of a law' after oaths to uphold the laws collect taxes.

Castles and Adair explored whether the question of whether. the law was effective retroactively: was moot in the Cascade inasmuch as the banks in the county' had not paid their 1957 taxes under the disputed law. Question Is Raised The not parties to: the two Cascade suits and Angst-: man raised the question as to whom. was discriminated against. replied, "I know of no one who is discriminated against," but added if any one is, then he could sue.

Later Adair asked ii the banks and the county are satisfied and Gilfeather replied they are. Adair then said, "Where's the Gilfeather had argued that there could be discrimination between two banks with the same amount of capital but which divided it differently. He also had claimed that if the State Board of Equalization is allowed to decide such things, "we'll have dictatorship." Schroeter discounted this in his closing remarks, citing laws which define the state taxing agency's duties. the opinLes- to limitthe here, in on witthe of state crimi- prose- to deof threats the trial in The Christian Brothers 84 PROOF Binder Tops for Brandy on the Rocks Brandy Highball Brandy Old Fashioned Brandy Manhattan DISTILLED AND Christian Brother BOTTLED BY THE Branded CHRISTIAN BROTHERS LAPA, CALIFORNIA. MERCURY ABOUT OTHERS BOAST "HOLDING" THE PRICE LINE LOWERS 1960 LOOK WHAT'S HAPPENING PRICES MORE AT OUR SHOWROOMS THAN $135! No "numbers game" this.

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