Wilkes-Barre Sunday Independent

              NEW RULE MADE IN AWARD ON MINE INJURIES
A Paper For the Home
SUNDAY INDEPENDENT
LEASED WIRE TELEGRAPH REPORT TO 3 A. M. SUNDAY
THE WEATHER
Eftslcrn I'fnnsylv-inin: Partly cloudy ami 'lightly wnrmpr Sunday, followed hy scattered showers in afternoon or night: clearing and cooler Moiidny.
FIFTY-SIX PAGES
The   Only   Sunday   Newipape CoTerliig   thn   Wyoming   Valle;
WILKES-BARRE, PA., SUNDAY, JUNE 7, 1936
Kntered   at    WMkPS-riarrf,   Pa. A>   Second   ri.iBs   Mull   Mnttcr
PRICE TEN CENTS
EPUBLICANS TO CHANGE POLICY PLAN ATTACKS ON CONSTITUTION
VIOLATION OF SAFETY NO GENERAL DEFENSE IN COLLIERY MISHAPS
Worker's Claim is Restored After Preliminary Loss By Decision Of Referee
APPEAL WINS CASE
2
E
Coal Companies Are Ordered To Prove Any Infraction Of Laws Guarding Lives
MAYSOLVETHEFT II
On Bandwagon       Holds The Sprag        He Won't Ride
Dark Horse
I
^
LOOPHOLES CLOSED
Goal eempuiies who oppoM com- jwnaatlon claimi of injured workers en the (round that their accidents were caused b}{ violation of State mining laws, must in the future ¦tat* specifically what rule or sec¬ tion of the code was violated.
This provision became known last night with an announcement by the Workmen's Compensation Board that it had sustained an appeal of Victor Swider of 26 East Grant street, Nanticoke, from a de¬ cision by Compensation Referee A. P. Conniff, in which he disallowed compcn.iation for injuries suffered by Swider.
Swider was injured on June 28, 1934, while loading a mine car with coal in his chamber, when a roof collapse fractured his left leg. He was totally disabled from June :8, in.34, until Decembor 17, 19.14, wiirn he was able to resume work.
Through Attorney E. C. Maria- nclli, Swider filed n claim for com- pen.sation for total <lisabilily be¬ ginning July \ JM4, at the rate of $12.76 per week, until December 17 of the same year, a total of $29S.95.
Referring to the  mine  law  alle¬ gation, Commissioner Fitzgerald of the      Workmen's       Compensation Board wrote the following opinion: (ieneral Denial Barred
"Referee Conniff disallowed compen.tation for the reason the claimant has violated Rules 14 and 24 of the Anthracite Mine Law.
"Before entering into the dis- pcsitinn of the que.«ition presented on tills appeal, whether the defend¬ ant has proved by a clear prepon- dertince of evidence that claimant has violated Rules 14 and 24 of the Anthracite Mine I.aw and thereby not entitled to compensation under the Act, we wish to point out that where a defendant, as in the in¬ stant case, defends liability to the payment of compensation to its employes on the ground that the claunant has violated certain rules "f law, it should specifically set forth in its answer what rules, or section Pi law tne claimant has violated Slid by reason thereof is barred from securing comncnsation under the Act. The defendant ¦Miould not be allowed to make a general denial of liabilitv bv merely avernns that the claimant haa violated ths mine law.
No   Knowledge   Of   Oanger
'Wo believe, for the purpose of orderly pleading, that the defend¬ ant .'ihould set forth specifically in ansHcr what .section of the Act ha.H been violated by reason where¬ of the claimant i.-i deprived of com- pen.sfUion, Ihcreb;- givinp the claim¬ ant a chance to properly prepare ms r,ise and meet the defense set forth  by  the  defendant.
"In disposing of the question Whether the defendant has proved by a dear preponderance of evi¬ dence that claimant received hi» mJuriCK in the commission of an (Continued  On  Page  A-2)
Police Would Linl< Captives To Gang Of Operatives In An Annoying  Racl<et
TAGS SWITCHED
Governor Alfred Motsman Landon Of Kansas Drives Far Ahead In The Race Toward Rrpublirnn Nomination.
Former Governor Frank 0. Lowden. Has The Means And The I'ri/e To Stop The. Landon Runaway.
Senator Arthur H. Vanden- berq Rffuses To Accept A Back Seat In Silent Job Of Vice President.
Senator Latter J. Dickinson Of Iowa, Awaits Wreck Of Landon Runaway And May Get  Between  The   Tracer.
Police closed in last night and yesterday afternoon on two mem¬ bers of what may be a gang of automobile thieves when they ar¬ rested two youths, one of whom was involved in a Friday night chase during which pursuing officers riddled a fleeing automo¬ bile with bullets.
John Yurgaitis, 22, of 204 Noble lane, one of the prisoners, was formally charged with larceny of an automobile. The other, Earle WaLsh. 18, of 293 South Grant street, who has a car-stealing rec¬ ord here, was docketed on an in¬ vestigation charge pending further Inquiry Into his activities.
Yurgaitis, according to police, was at the wheel of a stolen auto¬ mobile which outdisLinced Cruiser Car Patrolmen Edmund Brown and Joseph Bri^i Friday night at mid¬ night, but only after the officers had fired three revolver bullets into the rear of the machine.
This automobile, stolen last Mon¬ day morning at North Main and Jackson streets, was the propert.v of George C. Fagan of 29 West Pettebone street. Forty Fort. On Fagan's car were license plates re¬ moved from the automobile of Fred A. Palme of 274 South Pennsyl- vani.T avenue on May 29 after it was stolen from in front of the post office building on South Main street.
(ilrl  Not  Arrested
Palme's automobile, with license tags removed and two tires miss¬ ing, was found on Thursday on Ashley Mountain. It was believed by police last night that Yurgaitis w.as responsible for this theft and transferred the tags to Fagan's machine.
Although it was first reported that a young woman was with Yurgaitis when he escaped from police bullets Friday night. De¬ tectives Jack William.s, Joseph Pet- roski, William Schwab .nnd George Williams, who made the arrests yesterday, said they had not taken her   Into   custody.
Patrolmen Brown and Bria were cruising on Hnr.ie street at mid¬ night Friday night when they spotted the car bearing Palme's license  tag.''. '
They gave chase over Hazle .street, into Park avenue and then north. Hitting a .street car .switch at Lehigh street and Park avenue at high speed, the getaway car veered into the curb and was wrecked. The occupants, described by the pursuing police ns a young man and woman, fled b( ire the police  crui.scr  arrived.
Investigation started immedi¬ ately and resulted in the iurest of Walsh yesterday afternoon and the apprehension of Yurgaitis at seven oclock last night. Both youths were picked up on South Main street
YflllNfiF^T fll nF^T '^^^^^ Dennis King Prevents Panic IUUnULOI,ULULOI   ^j^^^ p^^^ j5^^^^g Q^^ j^ Theatre
0
Boston, June 6 (UP)—Dennis King, stage and screen actor, today prevented a possible panic when fire broke out in an elevator well during a matinee performance of "ParncU"   at  Shubert  Theatre.
The crackling of flames became audible  while  the  actor was  por-
BalDG Of 3 IVIontiis, Man 86 ^'™y'"'' " '""^ '" ^'"'^ *'* '"'¦
fers a heart attack. He called to attendants to throw up the lights and addressed the audience as per¬ sons began to Ipave their seats. Assuring them fhe fire was con¬ trolled, he asked them to remain for the "beautiful" final scene. After the fire was extinguished, the play was resumed.
Years Tal<en To H4ftpitals i . nTninnr flAOr Alter  SLmering  H u r t s | j| J)||{/\fj(j[- l,j\^|;
2 FIREWORKS CASES
BENEFITS GIVEN BACK TO CHEATED WORKERS
Hn'^tl''''*""¦'*¦   •'""«   •*    <UP)-Addi-
tionfll compensation secured in 4,000   induspial  accident  ZZ  in-
by a \\ PA crew, assigned to safe¬ guard IcgMl rights of injured work¬ ers, morf thnn doubles the cost of the pro,cct, it was reported today. |k     The projjct v.'as spoiL-orcd by the ¦mptate   Department    of   Labor   and ¦ndunry after  investigation show- ^ed  90  percent   of  all  compensable
¦ lndu:tri,-il     accidents     have     been
¦ setthd   by   agreement;;,   "many   of r   which revalcd locrcioii iin the part
I'f tli' employers or ignorance on the part of the worker or his helrf."
^•Im   R.   Torquato,  secretary   of
the State Workmen'.'' Compensa¬ tion Board, assigns WPA investi¬ gators to contact injured workers, explain the compensation laws and assist in obtaining the full amount legally due accident victims or their heirs.
"The siurc-s of this project has been hevoiid our hopes," said L.abor and Industry Secretary Ralph M. Ba:ihorc.
"Tiie results hanlly cm be meas¬ ured in terms of doll irs and ccnU alone, hut It is more than paying for it elf financially. I am informed thit the amount of money received by workers as the rcsi'lt of the plan is more than double the cost to date"
Twenty-two persons were in¬ jured yesterday as accidents gave hospitals of Wyoming Valley a • y day. Most of the injured were victims of automobile acci¬ dents, with children figuring in a dozen other mishaps that required hospital .attention. Two of the young victims were burned by fire¬ crackers purchased in anticipation of Fourth of July celebrations. The youngest person taken to a ho.-^pitnl during the day was a three months-old infant who tum¬ bled from a baby carriage and the oldest was a Heights resident, 86 years of age, who broke his hip in  a  fall  at  home.
2 Fireworks Victims Richard Dell, 13, of 162 Carlisle street, city, was burned in the left eye and on the right hand when a firecracker exploded. He was the second youth injured by a pre¬ mature Fourth of July celebration, the first being Joseph Sla\'*oskv, 11, of Spruce street, Georgetown, who suffered a similar injury.
Ruth Hall, 10, of 60 Oregon street, city, fell on the sidewalk near her home. She was treated for injury to one of her hands at Mercv hospital.
Rosie Polka, six, of 192 Almond lane, stepped on glass in the back yard of her home and received a wound on the right foot that re¬ quired three stitches at Wyoming Valley Homeopathic Hospital.
David Slimak, three, of 114 Kent lane, was tre.ited at the same hos¬ pital after a dog attacked him. The youngster was bitten on the left side.
Margaret Nardonc, four, of Old Boston Settlement, slammed an automobile door on her left hand. She was taken to Pittston hospital for treatment for lacerations. louiigsters Injured Kenneth Smith, six. of 284 Tripp .street. West Wyoming, fell from the rear of an ice truck and suf¬ fered ciii.s on the head. The mishap occurred at 4:30 oclock yesterday afternooi on Eighth street, Wyom¬ ing. The boy was taken to Pittston Hospital.
Donald Donohoe, 12, of 489 North Main street, Pittston, fell on a piece of glass and lacerated his right wrist, He was di.seharged after treatment at Pittston Hos- pi^l.
The youngest accident victim of the day w.-is George Wilkas. three months, of 43r) North Main street, ; Plains, He fell out of a baby car¬ riage at home. The child was taken home after examination at GerernI hospital.
David   Dick.son,   eight,   of   West W;cming. cut him.'ielf on the right leg   with   an   axe   while   chopping wood   at   home.   The   v.ound   was treated at General Hospital. <)l<l :\lan Hurt The  oldest  accident   victim  was Martin Witzigman. 8li,  of 363 East Northampton street.   He was taken to Homeopathic hospital, suffering from   a   fractured   hip.     He   fell while   doing   household   duties   at (Continued  on  Page. A-3J
PUZZLES POLICE; PUIS HOLOUP MEN IS PEIRIGASHOI? TO QU!C[ FLIGHT
Luzerne And New Yorl< Cops Lool<s Into Muzzle Of Gun Fail To Run Down Story j And Tlien Dares Bandits Of  Assault  By  Weapon     To Rob Him Of His Money
NAME DUPLICATED
Police here last night scratched their heads and wondered what, if anything, did happen to George Petriga, 28, of 4,'>4 Vaughn street, Luzerne, who has been living in New York City In recent months. Petriga was the centerpiece in a puzzle that involved three police departments, a reported fatal shooting, somebody's .sore nose and a metropohtan hospital. Early to¬ day authorities were still seeking information that would relieve the worry of Petriga's mother at Luzerne.
The chain of mystery forged its first link when State police at Wyoming notified Chief of Police Al Grumblis of Luzerne that a man giving Petriga's name and home address had been shot and was dying in Columbus Hospital, New York City. The Luzerne chief was asked to notify Petriga's mother, Mrs. Michael Waters, in case n member of the family wanted to go to the bedside. The mother at once communicated with a married daughter in New York City, advis¬ ing that she go to the hospital.
Up to last night the family was without further information: so, the Sunday Independent asked the United Press to inquire into the shooting of Petriga. An hour later a telegram was received by this newspaper. It read: "There is no one by the name of Petriga in Col¬ umbus hospital with gun-shot (Continued  On  Page A-2)
THEY RUN AWAY
Harold Schuler of 3.'i8 Tiog.i street, Kingston, bus driver on the North Pennsylvania avenue line for the Wilkes-Barre Railway Cor¬ poration, put three holdup men to flight last night when he dared them to "come and get" his money.
Schuler, sitting in the cab of his bus about eleven oclock last night at the end of his run at North Pennsylvania avenue and Conyng- ham street, looked up Into the muzzle of a revolver pointed through the door by one of three youths.
He was commanded to turn over his money by the bandit wielding the revolver.
"If you want It, come and get it," Schuler told the gunmen as he swung around in his scat, making a movement toward his pocket as if to draw a revolver.
His bluff worked, for the three bandits turned tall and fled north into the railroad yards running through the Brookside section of the city.
Schuler then notified police headquarters and Cruiser Car Pa¬ trolmen William Oliver and Harry Williams were rushed to the scene on an alarm from Station WQFM. They scoured the neighborhood but were unable to V*cate the bandits.
The bus driver told police that even if the Tioldiip had been suc¬ cessful the bandits would have gotten practically nothing as he had   turned   over   his   receipts
Convention
Cleveland, June 6.  (UP)—The probable  ofder  of  business  for National    Republican    Conven¬ tion, starting next Tuesday: Tuesday
11 A. M.—Call to order by National Chairman Henry P. Fletcher.
8 P. M.- Keynote address by Temporary Chairman Frederick ;'. Steiwer of Oregon; forma¬ tion of a temporary organiza¬ tion and selection of committees. Wednesday
11 A, M. Formation of perm¬ anent organization: address by <'ermanent Chairman Bertrnnd H. Snell. New Y^ork Repre.'tenta- 'ive.
Speech hy former President Hoover.
4 P. M. Coiislilcration of a ;'latform.
Thursday
11 A. M. Nomination and election of candidates for Presi¬ dent and Vice-President; elec- ' tion of a new National Com¬ mittee; appoinmcnt of commit¬ tees   to   notify   candidates.
ABUSES OF LABOR WOULD BE CURBED BY LANDON AIDES
(SPECIAL TO THE SUNDAY INDEPENDENT)
Cleveland, June €.—Pennsuliania, doubtful as to Republican chances in the November election, because of the tremendous new strength of President Roosevelt in th» Keystone Commonwealth, may take the doubtful prize of the Vice President nomination on the Republican ticket. Chances tonight were largely in favor of Clifford Pinchot being the running-mate of Governor Alfred Mossman Lan¬ don of Kansas, if the Landon bandwagon parks in the front yard of the national convention. Pinchot nas tivice gov¬ ernor of Pennsylvania, is labeled Progressive, rich and Independent, although in the last fight in his home State he allied his forces with the Republican Old Guard. Latest analyses of political conditions in Pennsylvania placed the State decidedly on the borderline, likely to stving out of its Republican traditions and into the Roosevelt column. Pinchot was represented to Republican leaders as able to prevent that calamity. Among elements usually well- advised in placing heavy-odds bets there were repents to¬ night that Keynoter Frederick C. Steiicer of Oreqon minht be the center of the kind of whirligig movement that fre¬ quently results in the choice of a dark-horse cand'xlnte for President, such as happened when Warren Gamaliel Hard¬ ing received the nomination. Steiiver is Temporary Chair¬ man of the Republican National Convention.
AFTOFLOIEN TO BLOCK KiSAN
IE!
PLATFORM PLANK m OFFER STATE
?^ rop.
ELEm CONIROLOFWAGEFACING BIG ISSUE
Supreme Court's Rejections! Effort To Put Landon Across Of All Cures For Evils ^ On Early Ballot Fought Disturb G. 0. P. Planners     By Supporters Of Rivals
BLOW AT OLD GUARD    i    SPEAK MINDS FREELY
Ex-Governor Of Illinois Says His Interest In Politics Is On Side Of The Farmer
DICKINSON IN OPEN
THREE OF FAMILY DIE IN KENTUCKY FEUDING
Pike:iville. K.. June fi (UP) — Three persons were killed a,nd an¬ other was wounded critically today in a burst of rifle fire that marked the climax of a family feud in the remote mountain country of Bar- rcn-ShcH.
The wounded man .said the feud .started  because the  two slain wo¬ men,   his   aunt   and   cousin,   were mad because his father's household was living better than they were. The   feudists   were   members   of I the Mounts family of Pike County, I The     dead     were     Mrs,     Charley I Mounts, 60; Mrs, Oscar Mounts, 2,^, and James  D,  Mounts, 70. Turner I (Butch)     Mounts,    who,    deputies I said, killed the two women with %
squirrel rifle, was in a hospital with wounds in the face and legs.
"Aunt Helen and Cousin Mary were mad because we were out¬ living them." Turner Mounts said i from  his hospital  bed.
He said he was riding with Ills father and sister. When they ap¬ proached the Charley Mounts' home they found the road blopked by a pile of wood.
"I got out to remove the wood," Turner said. "Aunt Helen came runnin' down the road with a shot¬ gun .''houtin' 'you .spoilt m.v wood.' She drew a gun on me and some one hit me in the head with a piece of wood and rocks, so I started to let them have tlie lead." <
Oregon, 111., June fi. (UP) For¬ mer Gov. F. O. Lowden said late to¬ day he knew nothing of a reported move to draft him as a Republican Presidential candidate to stop the boom for Gov. Alf Landon of Kansas. Lowden also denied re¬ ports he planned a secret trip to Cleveland.
"I'm very happy to get your in¬ formation," he told the United Press, "hut I know nothing about any  plans  for  the  convention."
Since his return from Europe ten days ago, Lowden has conferred with Midwest farm leaders.
"The discussions have been pure¬ ly agricultural and not political,' he said.
From Chicago came reports that Sen. Lester J. Dickinson of Iowa; would issue "an important state¬ ment". The .statement was believed, to concern the Cleveland conven-, tion. Dickinson has been men-j tioned as a possible nominee.
By  l.M.K C. WILSON
(Copyright,  IHSfi, by   I nitc 1  Press)
Cleveland, June 6 (UPi Repub¬ licans gathering here for their 21st National Convention were all but stampeding tonight lor a platform plank which would amend the Con¬ stitution, if necessary, to give States the right to regulate hours, wages and conditions of Labor's employment.
The infectious movement began in the Landon headquarters. Other western factions are reported sym¬ pathetic. William J. Donovan, former "Little Cabinet" member of the Hoover Administration, told the United Press several members of the resolutions committee had discussed such  a plank  with  him.
Donovan is a leader of the Frank Knox-for-President group, but there was no suggestion today that he was speaking for Knox. Dono¬ van explained his own position hy saying he would favor such an amendment if the States could not otherwise obtain the desired authority. In his judgment, how¬ ever, the Constitution as it stands would permit States to enter into regional or other compacts -eco¬ nomic unions to establish uniform wage and hour agreements in given  areas.
Laudoii-for-Presidcnt leaders told the United Press they would raise the constitutional issue in the platform committee meeting Tues- da.v. William Allen White will formally present the proposition, a member of the sunflower delega¬ tion said. It will be substantially as  follows:
State resulation of wages, hours iContinued  On   Page   A-21
Wasliinyion, June H.  (UP) —Gov,
Alf    Laiulon    of    KaiLsas,    it    was
learned    liere    tonight,    ha.s    given
tentative  support  to  a  Republican
farm   relief   plank   calluig   for  th»
j domestic allotment plan, in essence,
'¦ as a substitute for the administra-
I tion's soil conservation program.
Th< plank, being drafted, is based! on the farm relief program spon¬ sored in Congress by Rep. Clifford R. Hope, R., Ka.ns., friend and staunch supporter of the Kansas Governor.
The Hope plan provides for a domestic allotment program de- si.srned to give jirofli'-crs of sur¬ plus crops an equiv.ilriit foi tariff charges
Chicago, June B. (VP) V. S. Senator Lester J. Dickinson of Iowa, himself a candidate for the Republican Presidential nomina¬ tion, declared tonight that he and the Iowa dclci.atioii were eiiterinc the convention at Cleveland with an "open niiiid,"
He said he had entered no coal¬ ition against the candidacy of Gov, Alf M. Landon of Kansas.
New  York I'cr Laiulnii
Albany. June «. (UPi New York's uiiinstructed delegation moves on the Republican conven¬ tion tomorrow amid growing sen¬ timent within its ranks for nom¬ inating Gov. Alf M, Landon of Kansas for President. Slate lead¬ ers, guided hy Chairman Melvin C Eaton, continued their fight to keep the nation's largCjt delega- (Continued On Page A-2)
By HARRY FKRtilSON (Copyright  1936 By  Inited  Pre«g)
Cleveland, June 6. iUP>- Kciiub- licans, fllling every down-town jide« walk to the curbstones, split int* two camps tonight as they eiitcretl their convention week- pro-La.ndo» and anti-Landoii.
Private feuds were submergeo among the "Stop I.,anUon" forces in an attempt to make common cause against the Kansas bandwagon that was rolling down the road loaded to the sideboards with cheering delegates and sunflowers.
Borah men spoke well of Knox supporter's; Dickinson's forces merged temporarily with those of both Knox and Borah. They had before them a proposition to units behind former Governor Frank O. Lowden of Illinois and let him carry the spear for the three ballot* next week in the hope that LandoB could be sidetracked.
^Continued On Page A-2)
CRUSADE UPON G. 0. P. PLANNED BY WOMEN
Wa.'lilingloii, June 6. (UP)-- Politically-inclined women entr.nin- cd for the Republican convention in ("Icvcland tonight with their pet pbtform plsn!-.s under their arms. ',
'i'licy were prepared to dcman'l j cquni riglilM, rep?al cf tlic "mn.r- j ricd persons' d.-xuijc, a'.ioli'.ioii o''' the ".ipoih ,sy tcm" in po\ernn)cnt| - c.nd plciit-' of snpport froiii I poii'acai leader;; of th? opposite j s?;c. I
Tlie NatiL'iKii Lc ivue  of  Women i
Voters is taking along a truck* load of petition lards, signed tagf 200,000 voters, asking for a "merit system" plank in the party plat¬ form for po.itmasters and some other   government   workers,
Dorothy Detr.er of the Wom«n'i International League for Peae* .-'nd Freedom will propose a ¦!«- point [leace plank calling for r»- duc'Lion of th» Army and Navy to the minimum needed to defanti the United States ngsin-^t invasloB, and nationalization of tiia uaaii* tions industry. ^