Jefferson City News And Tribune (Newspaper) - January 26, 1941, Jefferson City, Missouri NEWS MDtm TRIBUNEA SUNDAY COMBINATION OF THI MORNING CAPITAL NEWS AND IVEN I NG POST-TRIBUNE VOL. 12, NO. 28JEFFERSON CITY. MISSOURI, SUNDAY, JANUARY 26. 1941 PRICE FIVE CENTS * Riots in Milan t Suppressed by 'Nazi Troops Three Italian Generals * Reported Slain; Lone Raider Over England NEW YORK. Jan. 25.—(AP)— Winston Burdett, CBS correspondent in Belgrade, Yugoslavia, reported tonight that reports from Italy said three Italian generals were killed and several hundred persona wece wounded today in rioting in Milan and Turin and smaller cities in the Italian Po valley. Burdett’s information was cabled to New York and broadcast here by CBS. He said foreign diplomatic sources in Belgrade <9 were slain by intervening German troops during street riots in Milan. No Confirmation (About three hours after the broadcast, the Associated Press had not received any information on the reports from its correspon-% dents in heavily-censored Italy or in neighboring countries). Burdett said the reports stated the disorders, grave and far-reaching, began 24 hours ago and were continuing tonight ^ The information reaching Bel- • grade, Burdett reported, said German forces took the main hand in fighting the disorders. Italian soldiers were said to have taken part in the street fighting though it was not clear, Burdett added, f whether they were on the side of the regime or the insurgents or both. Nazis in Charge German troops, Burdett said he had been informed, have occupied Milan’s railroad station, telephone q central office and post office. He said they are reported also on sentry duty at major Milan factories. According to diplomatic dispatches reaching Belgrade, Burdett added, three high ranking Ha liar "• '•ers were killed in the • Milan u va CC L fighting. He also relayed the report in Yugoslavia that German troops in northern Italy were aided in Milan by Italian Fascist Blackshirts. He /aid it was not clear whether Italian military casualties in the reported • rioting also were aiding or were with the alleged insurgents. Nazi troops, according to these advices, also have been given control of all communications on the Italian island of Sicily and in ^ the southern Italian region of • Brindisi, Burdett said. Another CBS correspondent, Harry W. Flannery in Berlin, reported in a broadcast that “endless trains with units of the German air force have been going a over the Brenner pass (into Italy) carrying materials for air fields, signal facilities and ammunition supplies.” Flannery said he quoted from the newspaper Berliner Boersen Zeitung. Ro in, Skit, Snow And Diving Mtrcyry Predicted for Stote Snow which started fairing in the northwest spread last night to portions of central and northeast Missouri, bringing colder weather to all sections with a prediction the temperature would drop even lower before morning. In Jefferson City, the weather recording station reported a high temperature of 36, a low of 21 degrees. Total moisture last night was .88 of ar inch. The highway patrol reported a heavy snowfall in the vicinity of Columbia although onl ya light mist was falling here. Rain or sleet fell on most portions of the state. All highway department plows and graders were ordered into service as snow began blocking roads in the St. Joseph, Macon and Maryville district. Traffic was not stopped, however. Arrest Youth Who Sent Note Wanting $500 of Gov. Stark Walks Into FBI Hood-quarters to Racovtr Postcard at K. C. DeBroeck Is New Head of Farm Group j Wardsville Farmer New President of Bureau; Schwartzer Secretary Leo DeBroeck of Wardsville was elected president of the Cole county Farm Bureau at the organization's annual conference yesterday. Joe Lehman was named vicepresident and Rudolph Schwa rt-zer, secretary-treasurer. Members of the board of directors elected yesterday are: Osage township. Lorraine Schubert, Joe Lehman; Clark township, Julius Engolbrecht and Mrs. Hugo Dawson; Moreau township, Mrs. John G. Thompson. and Earl Shikles; Marion j township. Palmer Ehrhardt and Mrs Kate Francis; Jefferson township, Edna Erhardt and Howard Harsch; Liberty townr ship, Edwin Kraus and Mrs. Ben ! G. Prenger. Service Co. Elects Frank Dallmeyer Clarence Mueller and *C. F. Raithel were re-elected to the board of the service company. Principal speaker at the meet-ing, held in the Evangelical au- Ovcrpoid o Million by Government, Former Embarrasses a Bonk DUXBURY, Mass., Jan. 25.— (AP)—Andrew Paanenen. 42, who owns a small cranberry bog, received a $1,000,015.25 check from the government today for complying with the federal soil conservation program. Overpaid by exactly a million dollars because of a treasury check writer’s error, Paanenen extracted all the fun he could out of the situation. He walked into Plymouth National Bank, pushed the check in front of teller Walter Roberts and calmly asked for “cash.” Roberts blinked and raced for bank officials. They pored over the check, fould it valid and worried about how to produce a ^million dollars on demand. Only then did Paanenen admit he was joking. He mailed it back to the treasury to be corrected. of KANSAS CITY, Jan. 25—(AP) —Regret led to the surrender of a 24-year-old youth to the federal ... ^ _ ____ bureau of investigation today an j dj_?_ear? I hour after a postcard was mailed to Governor Lloyd C. Stark, demanding $500 on the threat to harm to his family unless it was paid. John R. Ruggles, acting special agent of the FBI here, said the youth, who gave his name as Bernard Seronick of Boston, walked into the FBI headquarters and told agents he had written and mailed the card but was sorry and wished to get it back. Intercepting the card. Buggies said federal agenti JiiWafarred I with Richard K. PheffOf, assist ant U. S. District Attorney, who filed a complaint against Seronick. Under questioning, Ruggles said the youth could not explain why he mailed the card and was sorry the moment after he had dropped it into the letter slot at the postoffice. Seronick was held in jail in de ter of the Missouri College Agriculture, Columbia. Speaking on Hie economic ef-; fects of the European conflict in relation to farm people, Milter said “this w'ar will probably i biing about higher farm prices —but it will be somewhat different from the last war, for wheat, lard and meat exports have been i cut off. j “In spite of the fact we have ' overproduction of wheat throughout the world, Korean Lespedeza makes it possible for farmers to st'l! grow wheat at lower cost and realize a profit.” Dean Miller empnasized that! Thousands of Aged In Missouri Are In Desperate Need Chorus of Indignation Swells From Pensioners os Checks Are Delayed A chorus of Indignation swelled from Missouri’s old age pen-siners today as winter’s snow and cold added to the privation of tens of thousands—their overdue pension money blocked until the state’s financial jam is broken. “It looks like we won t be able to mail the checks until February 5 at the earliest, possibly the loth,’’ said George I. Haworth, social security administrator. No checks have gone out since early December. This month 109,140 pensioners are listed on the rolls. “There are instances of acute suffering in all parts of the state,’’ Haworth s#id as he (be an Integral part of the national defense prograjn. Mrs. Dorton Stteppard of the Boone county farm bureau also spoke briefly. Kallenbach Speaks R W Kallenbach, Cole county extension agent, discussed the fault of a $3,000 bond set at his work of his department and some • Lone Roider Drops Bombs on West Coost LONDON, Jan. 26.—(Sunday)— (AP)—A lone air raider dropped two high explosive bombs on a a town on England’s west coast during the night—the first evening air attack anywhere in Britain after a lull of four nights. There were no serious casualties, it was reported, but some property was damaged and a gas a main was punctured. Up to midnight, London still was without an alarm, making the capital’s sixth raidless night in succession. a Disperse Fascist’ Tanks in Libya CAIRO, Egypt, Jan. 25.—(AP) —British armored cars, having fallen upon and broken an Italian tank column, were reported to-night to have reached Derna, Libya, 175 mites beyond the Egyptian frontier, under circumstances suggesting that it had been abandoned by the Fascists. During the day they met no resistance so far as could be learned. 0The Italian tanks were dispersed yesterday. Returns to Great Lakes Louis Overschulte, jr., left here last night to return to the Great Lakes naval training base. •He will stop over at St. Charles today and continue to the base. Overschulte has been visiting with his parents. Mr. and Mrs. Louis Overschulte. 779 Clark Ave., the past few days. Upon fhis arrival at Greak Lakes he will be transferred to another base. arraignment before U. S. Commissioner'Charles H. Thompson, who ordered him held for a federal grand jury. The card directed that Stark send the money in charge of “General Delivery, Kansas City, Mo.,” but federal agents refused to disclose the precise contents of it. The youth was no stranger to the FBI, who questioned him yesterday after police found he had no selective service card. Ruggles said Seronick told federal agents he arrived in Kansas City four days ago and had registered for the draft at Los Angeles. He later was released by the FBI. At Louisiana, Mo., Stark said “crank stuff” never reaches him since he gave orders to his office staff when he first took office to automatically turn It over to the proper state or federal authorities. Would Give His Finger To Escape Prison Term DETROIT, Jan. 25— (AP)— A prisoner’s dramatic offer to have his fingers cut off “so I may never again pick up a pistol.” failed to win him freedom in recorder’s court here today. James Gillespie, steeolejack who has served 19 of his 43 years of life behind bars, made the offer when he appeared for sentence on a conviction of assault with intent to rob white armed. Judge Joseph A. Gillis imposed a 7 VI to 20 year prison term, pointing.out the law made sentence mandatory. of the improvements achieved in recent years. Kallenbach said over 35.000 acres of land have been shifted to lespedeza in the past ten years and 9,400 tons of agricultural limestone used in the past year. Twenty-five boys helped 120 farmers lay out terraces. Eight ponds were built, 970 soil samples tested. Seventy-five per cent of the farmers, 84 per cent of the far mland is participating in the triple-A program ‘Farmers are better organized now than ever before,” Kallen-bach said, “and are capable of doing their share in the national defense plan.” • Taft Sees Little Dander In Ald-to-BrHain Bill NEW YORK, Jan. 25—(AP) — j Senator Robert A. Taft (D-Ohio) I said tonight he regarded any I amendment to limit to two years the authority of the administration aid-to-Britain bill as “wholly unimportant — whatever harm I can come of the bill will have I come before two years.” “The trujh is that nothing we j can do at fnis moment, no legis-l latten congress can adopt, will give effective aid to England before 1942.” he added in an address prenared for a meeting of the New York state bar association. “I am indeed hopeful that the present set-up of the national j defense commission is making effective progress, although from an organization standpoint the! double-headed control is not sound in theory. The British themselves were better diets for farm people will | thumbed through a pile of protests from the newly aged “Many of the letters are critical, more tell of privation and all want their checks.” Release of pent-up state funds to pay half the pension bill depends upon passage of the social security appropriation act by the legislature — impossible before late next week. Haworth expects another week to pass before federal matching lunds will be made available. A certified copy of the act must be forwarded to Washington before the government will release its share of the pension Monday. The social security appropriation act now awaits final passage by the house but it cannot be voted until other bills preceeding it in constitutional orde hrave been sent to the Senate. The constitution prvides that the next funding measure passed shall be the civil bill—providing for the various departments of the state government. This bill was introduced yesterday. It may be finally acted upon Tuesday, opening the way for the final house action on the social security measure the same day. Senate consideration likely will take the remainder of the week. Four Injured In (rash Near Capital City Poor Visibility Is Blamed; Unidentified Hen Struck by (ar Five persons were Injured— none of them seriously—in automobile accidents in or near Jefferson City yesterday. Four were injured in a crash 8 mites east of here on route 50 yesterday afternoon. Last night an unidentified man was struck by a car on the Capitol Drive who disappeared after refusing to give his name or receive medical treatment. Two of those Injured in the highway crash were brought to St. Mary’s hospital for treatment and later were returned to their homes. The state highway patrol said cars driven by Bernard Lehn-hoff, 21. of Belle and Eugene Pinet, 26, of Linn sideswiped on a curve about 4:15 p.m. Poor Visibility Poor visibility was blamed for the accident. Damage to the two vehicles was estimated at approximately $750. Lehnhoff and Pinet received cuts about the face and arms. June and Alcie Schulte, both of Belle, suffered cuts and were treated at St. Mary’s. About 8:30 p.m., Clarence Poepsel, 316 Mulberry street, reported to police that a car he was driving had struck a man on the Capitol Drive. Poepsel said the man, apparently about 60 years old, was bleeding from a I slight cut on the forehead. Poepsel said the man refused to give his name and would not accept his offer to take him to a doctor. Yesterday morning cars driven by Albert I. Ltsche, Chicago, and Eilene Adams, 1629 West Main street, collided at the intersection of Main and Bolivar streets. Little, damage Wirt#*ported. Conditions Improving The highway patro^ late last night conditions in the immediate vicinity of Jefferson City apparently were improving with warmer temperatures on' the way. Careful driving was urged by the patrol and city police. Pointing out that the best time lo avoid a winter driving accident “is before you step on the starter.” Police Chief Ben Markway urged motorists to have their brakes tested and to secure tire chains. Skidding, he said, is the main cause of the big increase in winter accidents. Headlights should be tested and weak bulbs replaced, windshield wipers and defrosters checked, the chief said. Supreme Court Kelts Start oi Recount oi Ballots Hero Monday 70 County Clerks Unwilling to Act On Assembly Order Soak Ltgal Advice; Tollman Soys Ho Hot Not Boon Approochod Winanf Says Eyes of World Are In Britain 2 Dead in Storms Throughout Nation Now Englond Lists 7, Pennsylvania 4 and Iowa I (By th* A»*oci*t«0 Prnii Twelve death* were attributed last night (Saturday) to a snowstorm whl h late Friday swept over most of the nation east of the MONTREAL, Jan. 25.—(AP;—I Rockies and continued in some John G. Winant, prominently sections yesterday, mentioned as President Roosevelt’s New England, wheie a* mu< Ii choice as U. S. ambassador to 14 inches fell, listed seven dead, Great Britain, declared tonight Four persons died in Pennsylvan-that Britain and the world’s dem- *a and one in Iowa. ocratic combatants are fighting a- White snow fell in Nebraska, “system which represents the ne- Kansas, Missouri and Iowa dur-gation of social justice.” ing the day, California reported “Now’, as never before, eyes are rain for the 33rd day out of the Missouri’s county clerks generally were wary today about giving possession of the all-important November ballot boxes to the legislative committee investigating the Donnell-McDaniel gubernatorial election. Many of them said, in effect to the committee: “Get a court oriel first.” County Clerk William H. Truman of Cote county said today that no request had been made upon him for the ballots. He said he was not certain what he would do if the request is made but indicated he would seek legal advice. Planned to Start Monday The committee had planned to bring the boxes to Jefferson City for a recount of the ballots which, on official returns, showed Forrest C. Donnell. Republican, ad ben elected by 3,613 votes over Lawrence McDaniel. Democrat. Hie committee which hRd hoped to start the recount Monday, was blocked late today by a provisional rule of prohibition, issued by the state supreme court on Donnell’s petition. A survey of about 75 counties disclosed that only five county clerks were ready to turn over their ballot boxes at the committee's request. A majority of the clerks, many of them Democrats, said they would refuse, without a proper court order, to release their box es, Some viewed a supreme court mandamus es being necessary The other officials who were reached were uncertain over what course they would take or pierced to ask legal advice Five Are Willing The clerks willing to give the committee immediate access to their ballot boxes were Edwin E. Huffman, Pemiscot county; Ye-well Lawrence. Stoddard; Ernest J idwin. Shannon; Paul J. Clay, St, Franl’ois, and D. Mand-viile Weems. Newton. Clerks in the following counties said they would demand a court order before giving up their ballots for a recount’ Barry. Butter. Carter, Howell, Atchison, Carroll, Clay, Harrison. Boone, Marion Randolph Franklin. Jefferson, St. Charles, Milter, Pike, Montgomery, Perry, Dent, Crawford, Gasconade, Wayne, Vernon Mississippi, Warren, Howard, Barry, Daviess. Andrew, Dekalb and Caldwell Among those undecided or awaiting legal advice were the county clerks in Nodaway, Worth. Platte Gentry, Clinton. Dunklin, Cooper, Ripley. Barton. Bollinger. Chariton, Scott, Reynolds. Audrain, Lincoln, New Madrid, Bates and Johnson. In three counties—Cane Girardeau, St. Charles and Montgomery—the clerks said they probably would permit recounting of the ballots by “a local bi-partisan board.” Storying Pooplo for Politico! Ittuo Father Butler Soys ST. LOUIS, Jan. 25.— (AP) — The relief crisis in Missouri was called “the starving of a lot of people for a political issue,” tonight by the Rev. John J. Butler, president of the Catholic charities of St. Louis. “The situation is the worst I ever heard of,” Father Butter said in an interview. “Thousands in the state are suffering because their political leaders have not settled an election. Why should priests and others who know the needs of these people stand back and say nothing?” Question Boys on Extortion Nolo! And (ar Pilfering Five Token Info Custody on Complaint of Negro Merchant Five Negro youths were questioned by police yesterday in connection with car pilferage and a series of petty thefts from local merchants. Two of the boys were held In the Cole county jail last night for further investigation. The other* w’ere released. Officers said they received their tip when a Negro business man came to the office with three extortion notes, allegedly written by one of the youths. After questioning the boy implicated several others The loot included a small radio and numerous Merna-of (nothing. The youths admitted taking some of the articles from two downtown stores, the rest frozri cars. No charges have yet been filed against any of the youths. One of the two now in jail had been paroled on a 6-month sentence for petty larceny. Police activity, although all concerned with petty charges, yesterday approached the closest to on "old time” Saturday night in several years. A half-dozen men were placed in the county jail in connection with charges ranging from drunkenness to petty larceny. One man, picked up in the hall of a Southside hotel where he had been creating a disturbance, was sentenced to 30 days in jail. The rest were arrested yesterday and no charges have yet been filed. Give! Committee Until Thursday to Argue Again!! Writ Donned Appears Before Court Clerk in Ferton to File Application Outline Course lo Train Air Executives turned toward the British commonwealth of nations to insure that sacrifices shall not be in vain,” Winant said at a dinner given >y the League of Nations Society in Canada. Winant, former governor of New Hampshire, is director of the in past 40. No serious flood condi tions prevailed there. The North Central states, Ohio and Missouri and upstate New York expected more snow. Lower temperatures were forecast for New England. A predicted IO below zero wave for Wisconsin sp r „,;ii '„ . _ unwon wicinocjvc,'. wcic in mc iii- JOv,’ zero wave lor wisconsin up- 111 pay for the opera-; at jeast responsible for this, be-'"ternational labor office which was i parently detoured to the north- tion myself,” Gillespie said ln! * -• - *—-• J “—*—• ----- '*•- K 3 • WEATHER B Cloudy, light snow west and orth, ending in southwest in morning, light rain changing to snow southeast, colder, much colder centra] and west Sunday; Monday cloudy, colder east por/on, j^now flurries1 extreme northwest, ▼moderate cold wave northwest portion Sunday, temperature near Ii degrees by night. River Stages Kansas City 3.3 Fall 5.9 Wav'fly ..... jnville ........ . . - , cause thev did not give the or- making his plea. J ders which would have justified mUt rfQu*^; even if it is sin- j the enlargement of plants.” cere,” Judge Gillis told him. “is __ not practicable or possible.” . hJS!nVpie ^ ras convictcd ,uof Bio (onsiflnmenf of beating a delivery man on the 9 head w’ith a pistol butt during a holdup attempt Dec. 18 Gold Brought to U.S. transferred to Montreal from Geneva because of the war. Looking to the future, he said when “war is done and arms laid down, the peoples of the world will rebuild democracy more >nicoast I their own likeness than it has ever been.” Gunmen Kill New York Gangster as He Gets Shine Legion Approves Study Of PanAmerican History NE WYORK, Jan 2*-(AP)— Two unidentified gunmen opened the sliding door of a street booth in the midtown west side tonight and, without a word began firing at Thomas Cuniff, 26, delegate of the International Longshoremen’s Association (AFL) as he w as getting a shoeshine. Cuniff, nephew of “Kilter” Cuniff, west side gangster who was killed several years ago, 5.0 Fall 0.9 I pitched into the street dead—and 7.6 Fall 0.3 two bullet holes in bis forehead t. Thomas ......... 10.6 Fall 0.8 j and one in the right shoulder. Hermann ........ 8.4 Rise 0.9 It was the fourth murder Lake of the Ozarks, 6:30 a m., amang west side longshoremen 5 of a foot below full reservoir, i officials in the past year* NEW YORK. Jan. 25— (AP)— The Daily New-s said tonight that the U. S. cruiser Louisville brought $250,000,000 in foreign gold into port when she docked rvniAVAPOT is Tar at the navy yard in Brooklyn (APjJTh, „,cut'ive committee last Thursday. : of the American Legion auxiliary The News also said the Louis- approved today a pan-American Ville ' accidentally met” the study program designed to pro-King George V, British battle- mote a better understanding ship which brought England’s j among nations of the east. Three storms were reported over the Pacific en route to California. The storm, still raging over the North Atlantic, held back the guard cutter Argo as she headed to a point 50 mites northeast of Seal Island, Nova Scotia. to aid the disabled and drifting Gloucester schooner Old Glory. The coldest spot in the nation apparently was Warroad. Minn., on the Canadian border, with 36 below. By contrast, the tempera-.f~71 ture in Florida hovered between 50 and 67. Arkansas Posse Kills Escaped Prisoner KANSAS CITY, Jan. 25—(AP) —An 18-week course to train executives for the aircraft division of the national defense program here was outlined by J. J. Ja-kosky, dean of engineering at the Unviersity of Kansas, in » conference with George W. Catts, executive director of the Chamber of Commerce. Dean Jakosky said that would be financed by the government and offered to advanced engineering students interested in jobs as designers, supervisors and foremen in the aircraft industry. He added that between 400 and 500 men could be trained in the classes to be held at nighj. Former Resident Dies in S. Dakota POCAHONTAS, Ark., Jan. 25— (AP)—A sheriff’s posse kilted one escaped prisoner and recaptured two others late todav in j a gun battle with four young John Singer, former resident convicts who overpowered a jail- of Cote county and cousin of ar and fled the county jail here I County Clerk W. H. Tellman, Thursday. I died at his home in Rapid City, Deputy Sheriff Willis Tyler, S. D., according to word resaid the slain man was Ray Wat-1 ceived here today, ers 19. The officer said .Joe Mr. Singer, who was 58 years Stewart, 19, was shot in the leg; j old, was reared on a farm near Leroy Freeman, 22, captured un- Wardsville by his uncle. Peter harmed; and that Alii Freeman I ellman. He left heie many 19. brother of Leroy, escaped into j years ago. dense wood and still was at He was never married. The I funeral will take place in Rapid City. toms and aspirations of other republics in this the 21 hemis- aBoo ^t. 1 new ambassador, Lord Halifax, to the United States outside the 300 mite neutrality zone and proceeded with her to the Virginia Capes. The News said it was not-phere. ' known where the gold was loaded Mrs. Willard L. Morss of How-i or to whose account it would be ard, Ka*., chairman of the na-| deposited, but the newspaper as-1 tional membership committee, 1 serted the gold was removed said membership totals show a from the vessel by sailors the gain of approximately 20,000 over might the Louisville docked* i the same date a year ago* Now Here Is Really Something LANCASTER, Pa., Jan. 25.— (AP;—Joseph Aret, jailed two western years for stealing clothing, spent hemisphere. his time perfecting an invention. Under the program the auxil- Now he’s ready to ask for a iary will study the history, cus- patent—on a “thief-proof” coat a large tonight. Tyler said the four young men had been convicted at a recent term of court and were awaiting transfer to the state penitentiary when they broke jail. He said Waters and the two Freemans had been sentenced to one year each on charges of larceny ; Raymond Hagner suffered a se-and Stewart had been sentenced vere scalp wound last night when Raymond Hagener Ii Injured in Fall hanger. Heat Prostration INDIANAPOLIS. Jan. 25 — (AP;—With a cold wave on the I way, the city hospital treated Wal-j ter Fink, 39, for heat prostration— incurred In th# oven room of a I bakery* to 15 years on a cattle theft charge. The four escaped jai! by overpowering Deputy Sheriff Lehman Abbott when he opened their cell door to feed them. he fell in front of the Bella Vista apartments on Capitol Avenue. .Police were unable to stop the flow of blood from the wound and Hagner was taken to the hospital. He remained there last night because of the amount of blood he lost. His condition, however, was not considered serious. Mrs. Hull Dies Mrs. Maria Hull, 79-year-old i Negro, died yesterday at the - I home of her daughter, Mrs. Rosa*: Parents of Daughter I Sutton, 612 Lafayette street. Mrs. j Mr. and Mrs. T. W. Vaughan Pull was a charter member of j announce tho birth of a daughter I th# Linn street Church of God. [ Friday ait the home, 417 Russell. The Missouri supreme court stepped into the legislature’s tangled governorship fight tonight and stopped a proposed recount qf last November’s ballots. The court issued a preliminary prohibition against A 10-member legislative committee which planned to open its first ballot boxes Monday* The order lodged the entire governorship affair in the supreme court. It took jurisdiction of the fight and gave the committee members until Thursday to argue against making the prohibition permanent. Donnell Files It Republican Forrest C. Donnell —kept out of the governor’s chair by Democratic legislators determined to "investigste” his 3,613-vote majority over Lawrence McDaniel—appeared before the supreme court clerk' in person to file the application for the writ this afternoon. The order he obtained will stop the committee of six Democrats and four Republicans from opening or moving any ballots or inspecting any votes until the supreme court has finally pried,on Sof *"• Donnell claimed the committee was legally dead by virtue of Gov. Lloyd C. Stark’* vote, that the legislature was without power to make a ‘general investigation’ of the election and that the proposed recount would be a judicial function automatically barred because of the legislature’s refusal to seat him in the Governor’s chair. Donnell and his lawyer, former supreme court Judge Frank E. Atwood, met legislators opposing his gubenatorial claims in a lengthy conference in chamber!; with Chief Justice C. A. Leedy, Jr., and other members of the • court. Meets with Democrats The conferees included Rep. Roy Hamlin (D) Marion county, secretary of the investigating committee; Rep. H. P. Lauf of Cote county, the Democratic floor leader, and two assistants to Attorney General Roy McKit-trick. The two assistants attorney general argued on behalf of the legislative committee. Neither Lauf nor Hamlin would say anything as the conference broke up. About an hour after the lawyers and legislators left chambers the judges issued the prohibition order. Donnell’s dramatic appeal to the supreme court came as the investigators were laying lines for a start of their “recount” next Monday—deadline for opening the contest under a joint resolution passed by the legislature two weeks ago. The resolution specified that the recount be under way by that day. Democratic committee members said yesterday, however, they had not intended to open a state-wide recount until the supreme court had sufficient time to rule upon Donnell’s other suit, a mandamus against Speaker Morris Osburn (D) Shelby county, seeking to compel the certification of his election to the legislature. Considerable opposition developed today from county clerks who were unwilling to surrender their ballot boxes to the investigators without a court order. But members of the committee had said they would have had no trouble getting a bx from “a friendly county.” Federal Questions Raised Donnell raised two federal questions in his supreme court suit, probably an effort to open a path to the United States supreme court should the Missouri court eventually decide against him. He said Osburn’s refusal to certify his election deprived him of office without the due process of law guaranteed by the constitution, and that the same action deprived Missourians of their constitutional right to a Republican form of government. He centered his fire, however, on "Resolution No f”—the document shoved through an all-night legislative session two weeks tgo to keep Donnell out of office and set up %e 10-member committee ^Continued on page 2)*