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Show Mail Distributed Thru Helper Postoffice Covers a Territory of 12,000 Population WHEN YOU BUY IN HELPER You Encourage Business Men Who Pay Taxes Here, Subscribe to Our Charities, and Make It a Better Place in Which to Live V0LUME PER ilii HELPER, Formerly The Times XXI Helper the Hub Journal CARBON COUNTY, SUBSCRIBE NOW The Journal Costs Only $2.00 the Year and Keeps You Posted on All of the Worthwhile News. We Do Fine Job Printing. UTAH, THURSDAY, JAN. 28, 1932 No. 36 Gargula Is Positively Identified in Court as the Assailant of Maropis State Board of Examiners Charged By C. WATT BRANDON . said, and stated the custom hud prevailed for years in Utah. It is a dangerous custom to follow, but, if the statements are true, the responsibility falls back on the state legislative body, which should have acted on the suggestion of Governor Dern, as a full protection to those who have the taxes to pay. The obligations of the members of the state legislature are to safeguard the treasury in every manner possible, and under the present method, state officers are allowed to make appropriations of moneys which might be charged to political patronage. As it is, the precedent has been established by the board and political reprisals might result if they failed to grant the requests which come to them. It might be well that this one question be made a part of the thoroly coming state campaign, discussed and abolished as a protection to the state board. This can only be done by electing the right men to the legislature. Carbon County Coal Land Case Now in the U. S. Supreme Court rnT awti r.nvrv. r.n PirRCri asfti T.AWns TW WHICH SPECIAL AGENTS CF THE FEDERAL LAND OFFICE A CASE AGAINST THE ORIGINAL FILINGS ON THE LAND GOT BUSY AND MADE Down in Washington the United States supreme court during the past week had before it a case of much interest to Carbon county, wherein the state of Utah, the Carbon County Laud Co. and the Independent Coal and Coke Co. are buttling the federal government for lands totaling 5564 acres of coal land. The whole suit hinges upon the title claimed by the state and the local companies are standing be- hind the etate in its claim in expectation that if the state's claim is established they will benefi' thru their contract. This suit has The been pending since 1907. original suits were fought by individuals, but the state intervened in 1928 and became a party over the objection of the United States, Word has been received in which resulted in the federal government attacking the state's title Helper this week that Edward and filing a counterclaim against Litizzette has completed his study the state. The state won in the of, ground work and aerial radio lower court, only to have the de- and television transmission at the cision reversed last January in the Boeing school of aviation in Oakcircuit court of appeals. It was land, Calif. from this decision that an appeal The student course was comwas taken to the supreme court. pleted this month, and he will immediately be transferred to Omaha STATE MISREPRESENTED where, February 1, he will assume The government is charging the duties on the aerial lines plying state acquired title to the land between that city and Chicago. Mr. Litizzette is the son of Mr. thru misrepresentation, while the state claims it was wholly in ac- and Mrs. Joe Litizzette of this cord with the practice of that city, and a brother of Miss Edna time, that no coal of commercial Litizzette, and has many friends value was exposed, and that the in this vicinity who have exapplicants had made affidavits pressed pleasure over the splendid that the land was progress he has shown in his The local land offices accepted the chosen field. land and o the o o Washington showing office certified the land to the HIAWATHA LEGION LADIES state. TO ENTERTAIN AT CARDS Ten years later special agents of the government sought to make The American Legion auxiliary a case, which has resulted In Hiawatha has issued an invitagreat cost to the owners of the at land. The Independent Coal and tion to members of the American viCoke Co., according to its counsel, Lesion and auxiliary in this is a Wyoming corporation which cinity to join them at a public card party to be held in Hiawatha developed the Kenilworth mine at Reservations evening. Helper and is interested In 1120 Saturday with Mrs. John acres, which it bought in 1920 should be made 214-in Helper, from the Carbon County Land Co. Colzani, phone evening. Friday This company has worked part of not later than o o o on all the land and paid taxes of it. Is if it Counsel also stated that is finally decreed that this land the the property of the state, 3 company is ready to pay the state o o whatever may be due on account plus of mortgage indebtedness, "Prosperity Is Here, Not Around taxes, but if the land reverts to the Corner," Chants B. P. 0. E. is ready to 'the United States,. Itdecreed. 1550 pay any judgment The case has been taken under advisement. Members of the local Elks lodge, 0 0 0 B. P. O. E. 1550 at Price, have announced a smoker for the eveBANKS OF UTAH. STORE WEALTH FOR EMERGENCY ning of Wednesday, February 3, to which all Elks, whether or not o they be In good standing, are corSALT LAKE CITY, Jan. 27. This invitation dially invited. Bank State A report just issued by also applies to visiting brethren. Musical numbers by members Commlslsoner Hadlock indicates have made of tht local lodge are on the enterthat banks of the state dol2 million tainment program, along with a reduction of 18 lars in loans. The banks are show- story telling, sandwiches and cofto stability against fee, and a first class time Is asing a tendency sured all who attend the stag. possible emergencies. Helper Boy Finishes Training Course in Oakland Air School l. R Elks to Hold Smoker at Price Home Feb. 5r- - , Journal goes to press the status of the quar- rel between China and Japan appears to have reached a ee- rious stage. Japan has stationed one bat- tleship and a number of cruisers in the Wangpoo river just opposite the Japanese consul building in Shanghai, and quartered about 500 ma- rines in the Japanese section of the International city. A bomb was hurled at the consul building Japanese window, doing little actual damage, but bringing an ul- timatum from Japan to cease the boycott by 5 p. m. Thursday e. s. t., or she will take direct action. States and The United Great Britain are discussing the advisability of sending warships te the troubled zone for the protection of foreign interests, and also are con- - ' templating a business boycott to bring the two nations to ' . v XV ' VS- 5 As The l'p in Salt Lake at the recent gathering of the Utah State Edi torial association, we listened to a very interesting talk made by the Hon. Hamilton Gardiner, attorney for the Utah Manufacturers association, and past president of the Utah state senate, iu which he attacked the method by which the i;tate board of examiners is creating state indebtedness without authority of law, stating the law gave them authority to create an indebtedness only in "Defense of state, suppressing insurrection, and deft use in case of war." the indebtedness created His figures indicate that in 1923-2- 4 8, Attempted Jail Delivery in Which Sheriff Bliss Was Shot Is Real Tangle ' " '"V SERIOUS IN CHINA With Making Illegal Appropriations 1925-2amounted to $182,180; 1927-2$1 18,898; $210,000; 1929-3$158,357.82, and in 1931 $164,000. He stated further that some of the items. in this overdraft included lead pencils, rents, travel expense, etc. This board is comprised of the governor, secretary of state and attorney general, and he charged they were giving in cases where the state legislature had refused to make appropriations. That evening at the editorial banquet we listened to the defense made by Governor Dern of the acts of the state board, pointing out that in each instance the incoming state legislature had approved the acts of the state board. He stated further that crises had arisen wherein it had been necessary to use these moneys, and that in his message to the state legislature he had recommended that provision at law be made to abolish this custom, but that the legis lature had failed to act. He was followed by Secretary of State M. II Welling, who backed up what the governor had Mississippi Farms Flooded SITUATION APPEARS se terms. ELKS INTRODUCING A PROSPERITY CAMPAIGN o The Price lodge of Elks has ini tiated a prosperity campaign in Carbon county in connection with a movement sponsored by the grand lodge. The following comwork: the will mittee sponsor G. N. Nelson, S. M. Bliss, D. D. Harold Leonard, F. W. Holdaway, Averill, Allan Browne, Dr. Sanford and Erin Leonard, Ballinger Price; Benjamin Rcddington, Har ris Sfmonsen and C. A. Knobbs, Helper; J. P. Russell, Hiawatha; William Davis, Latuda; W. B. Myers, Kenilworth; Abe Strate, Columbia; Max Bartola, Consumers; T. Crawford, Castle Dale. o - o o- Local Coal Mines Pronounced Safi e SESSION BEFORE JUDGE GEORGE CHRISTENSEN IN SEVENTH JUDICIAL DISTRICT ATTRACTING MUCH ATTENTION AS LARGE CROWD PACKS C0U RTR00M STANDING ROOM IS AT A PREMIUM Ruggerio Gargula in district court at Price Wednesday afternoon was positively identified b y Mrs. R. A. Dickert of this city as the man who slugged and robb ed Manouxox Maropis on the streets of Helper on September 2 C. 1931. Gargula has been charged by I he state with this in which he is said to have secured $22.50 in cash and robbery, as currency, well as a valuable ring. The Gargula case finds Itself -, anient! In that it was Gargula BOUND OVER SWINDLER whom the latter two attempted to E. A. Thornton, liberate at the time they made the subscription assault on Sheriff Bliss and Dep- campaign manager, charged with A. E. Gibson. uty obtaining money under false preThe state, represented by Dis- tenses, has been bound over to Many farmhouse uear Webb. Miss., were iu a imilar to trict Attorney Fred W. Keller, as- district court and if found guilty this one when the waters of the Tallahatchie riverplight broke through sisted by County Attorney Walter faces a possible sentence of trout levt-and flooded the countryside. Residents of the district fled C. Gease of Helper, is expected, to 5 to 20 years. lu hi:lici ground rest its case some time today. HlNES DEATH CASE ANOTHER CONSPIRATOR The state versus Ralph Lewis Sunday evening. District Attorwill be heard in Justice court toney Keller ordered the arrest of day at 2 o'clock when the defendCipriano Comargo, and swore to ant will be charged with killing a complaint charging him with Herbert Wilson in an automobile having attempted to smuggle a accident near Hlnes recently. hacksaw and blades into the counWilson, while driving, Is said to ty jail in an effort to aid the es- have collided with a truck while cape of Gargula. rounding a curve, killing Wilson SENTENCED TO FROM FIVE YEARS TO LIFE IN STATE PRISON Comargo recently was released w ho was riding as a passenger on CLAIMS HE WAS ADDICTED TO MORPHINE AND WAS UN- from jail where he had served a the truck. The attention which the presDER NARCOTIC AND LIQUOR INTOXICATION CLAIMED NO four months sentence tor involuntary manslaughter. Comargo will ent term of district court is atKNOWLEDGE OF HAVING SHOT SHERIFF JURY DELIBER- receive a preliminary hearing iu tracting is shown in the large atATED BUT 45 MINUTES linked with that of Smith and tendance at court each day, with court this week and probbetween 200 and 300 people presAt 4:20 o'clock last Saturday afternoon, after 45 minutes of de- ably will be bound over to the ent, and standing room at a district court. liberation, the Jury in the case of Frank Smith, charged with assault with intent to commit murder, brought in a verdict of guilty, and recommended a prison sentence of from 20 years to life. Smith, accompanied by Lee Diamenti, entered the Carbon county jail at Price last fall in an attempted jail delivery at which time he shot off the right arm of Sheriff S. M. Bliss, using a shot gun. His companion assaulted Deputy Sher-s- e iir A. is. Gibson with a revolver, both making their escape. The Helper, and Lavar Birch, formed STATE BOARD OF HEALTH EXTENDS QUARANTINE ORDER TO INCLUDE PRICE, KENILWORTH AND SPRING CANYON testimony showed they had de- the trailing party, finding that manded the keys from the sheriff the phone line had been cut four PROMT?1' 'i HAT DOG WHICH BIT CASTLE GATE MAN HAD in an attempt to liberate Ruggerio times between Price and Monti-cellRAU1ES bI RUM COMES BY AIRPLANE FROM NEW YORK Utah. Gargula, charged with robbery. Attorney C. A. Robertson deSheriff Smith stated hia life The state board of health hus extended the quarantine order was probably saved when he threw fended Smith, the case being prosup his arm, otherwise the charge ecuted by District Attorney F. W. against doM to take in all of eastern Carbo.i county, according to C. by County Attorwould have entered his heart. The Kellar,-assisteO. Plikel. stale sanitary engineer who was in Helper Sunday, and testimony further showed that neyOnWalter C. Gea.se. officers have instructions to shoot any dogs running at large appearing for sentence sheriff's after Smith and Diamenti entered w ithout muzzles, which the building, the latter came Into Smith asked the court to proright is also extended to individuals without nounce immediate sentence. Judge fear of prosecution in Mr. Gibson's room, threw a blanquarantine territory. Chrlstenaen held George that it ket over the oficer's head and beIt has now been definitely established that the dog which bit L. gan to hit him with a gun. Mr. was out of the province of the Arnot of ("atle Gate had rabies, tjt Gibson stated he began calling jury to determine what the sentwo other cases of biting have for help, and Diamenti said: "If tence should be and gave him but not been definitely established you keep etill, I won't kill you." five years to life. n Mr. Arnot went to Salt Lake to reo o The testimony showed that Gibceive pasteur preventative treatson quit calling, but Diamenti ment. Sufficient serum for these continued to hit him. cases was not to be hart in Salt Sheriff Bliss, who overheard the Lake, and it was wired to New The home of Joseph Barboglio commotion, came into the office York for, and was expected to arwas badly damaged Sunday eveand switched on the lights. Imrive by airplane Tuesday. when fire broke out during o o Diamenti ceased to mediately Mr. Pickel further advised The ning strike Gibson and through the Court to Pronounce Sentence Fri- Journal that It is a mistaken Idea the absence of members of the family, with the furniture being door between the two rooms covday From Five Years to Life thai rubies is prevalent only dur- estimated ae practically a total ered Bliss with a gun, ordering the hot summer months. It loss thru smoke and ing injury. Much him to put up his hands, the witheat to bring the germ out clothing also was destroyed. In the district court at Price on takes nesses stated. of an animal, and it can easily Mr. had been In Price Barboglio Smith, who evidently had been Saturday evening, while awaiting ham-ein winter thru a dog lying taking dinner with relatives and hiding in the corridor, came up the incoming of the jury which near the fire and becoming over- on town his return to drove to his behind the sheriff and aimed a had listened to evidence In the heated. home, intending to put the car Frank Smith case, Lee Diamenti, sawed-of- f shotgun at him. The the The extension quarantine order away for the night. Noticing the two raiders demanded the keys, accomplice of Smith in the at- includes Price, Kenilworth, Weland when the sheriff said he did tempted jail delivery last Novem- lington and Spring Canyon. Dogs smoke pouring from the house, he turned in a call for the fire was with ber, not know where they were, Smith araigned, charged should be either muzzled or tied and endeavored to enter fired, according to the officers' assault and attempt to commit up during this quarantine period. the home, but was driven back by murder on the person of Deputy testimony. the heavy smoke. Sheriff A. E. Gibson. CLAIMED NO KNOWLEDGE The fire was believed to have Diamenti entered the court with OF SHOOTING started from an overheated fura smile on his face, refused to acnace pipe or defective chimney It was brought out that Smith, cept the appointment of an attorand the fire department did effectGargula and Sam Canal had been ney made by DiRrlct Judge Georse ive work in quenching the blaze arrested about a month before the Christensen for his defense, sayo o as quickly as possible. It is unshooting charged with burglary. ing he did not care for a Carbon Smith had been absolved and re- county attorney, and would plead Landlords to Be Asked to Lower derstood the loss was covered by Insurance. leased and the other two were his own case. He changed his and Make Rentals More UniThat the fire gained such headbound over to the district court. mind, however, Monday morning form way was due to the fact that no Smith stated he had been a drug and accepted the services of S. J. members of the family were at The following jurors addict, and at the time was re- Sweetring. home. Mrs. Barboglio being in The Helper chamber of comturning to the jail to secure some were accepted to serve on this a movement Los isAngeles, where their daughH. merce has started W. Downard, morphine and a hypodermic syr- jury: Wm. attending school, while inge which he had left there and Brown, M. A. Draper, Frank Good-ar- t, which may have a needed effect ter had no Intention of shooting the Evan Jones, Morgan Locke, in reducing rentals In Helper, ac- Frank Barboglio was away on a short business trip thru eastern sheriff or liberating anyone. His J. E. Lampslilre and J. Vivian cording to B. H. Hyde, its president. Many Helper tenants have Utah and western Colorado. inability to obtain morphine had Powell. o made him nervous and that day he The evidence submitted by the felt for some time past that rental NEPHI W0OLGR0WER IS be more unihad smoked a marihuana clraget state In this case was similar to reductions should HONORED AT0GDEN SHOW and drank two pints of liquor, that presented in the prosecution form In the city, because of the claiming he was under the Influ- of Frank Smith, dealing with th? economic conditon, which has reJan. 27. Samuel Niel-soNEPHI, ence of both when he entered the in unemployment and reappearance of the prisoner at the sulted prominent woolgrower, was duction in salaries. jail. He claimed further that he jail on the night of the assault. awarded three firsts, two seconds, did not know where the gun came "High rents do not cause highThe case went to the Jury at 2 and two third places in the Ogtlen from and that he had no knowlp. m. Tuesday and at 4:15 p. m. er prices, but high prices make livestock show held hist week. One Mr. remarked edge of having shot the sheriff. Hyde, returned its verdict of guilty and higher rents," rents also cause a of Nlt'Ismi's yearling bucks was ARRESTED AT MESA VERDE Judge Christensen announced that "while hi(4h to hold away awarded the grand championship. people tendency 10 a. sentence would be passed at The pair were arrested at en- m. on those our from react and city, law proThe Friday morning. WYOMING OIL ROYALTIES trance to Mesa Verde park In Col- vides from five years who cannot afford to pay what is orado where they had been de- to life punishment demanded. SUFFERJOPER CENT CUT state In the penitentiary. tained by William Hellar, a brother-in-o o o "The activities of the commerJan. 27- .- Oil royTIEYENXK, law conof Sheriff Bliss, who was are to cial club make living leases during ditions belter in Helper, Insofar as alties from stute acting as a guard and operating PASTEUR TREATMENT the oil station at the entrance to F0RHELPER MAN It is possible," said Mr. Hyde, lf'Sl showed ,1 decrease of 50 per wfth m cent those of compared the Mesa Verde park. He had "and to Improve other conditions 15130. Royal'ies for the year just learned of the Price shooting and II. E. Fox, car Inspector for the which are for the bettr intpret1" closed totaled $1,374,738 against suspected the pair when they Rio Grande, who was bitten by a of Helper in everv way." in 19:'.fl. 2.m.-'He held dog last week, Is under pasteur Mr. Hyde stated that It is the Stopped for gasoline. them with a rifle until officers treatment at his home here. Dr. intention of the club to call toarrived, not knowing the Carbon M. C. Melrose, company physician, gether the landlords of Helper to ies there has been substantial county officers were anywhere In reports that serum was rushed meet with the directors In the i: in rents to meet the that vicinity. They arrived 30 here by Rio Grande officials. So near future and see if there Is not :i' renditions, and soilie of the minutes later. some the no of have solution in lnni'H'i'drt quesfar. Ilelorr have developed, symptoms possible William Lines, night marshal at but It will be another week be- tion and arrange for lower and lee'e. il wise t.) lower already their more uniform rents. In other clt- - rents. Price; C. A. Knobbs, marshal at fore he returns to his duties. Man Who Assaulted Sheriff Bliss Found Guilty by Jury at Large Without Muzzle Will Be Sh ot on Sight Dogs Running o, Four Mines Are Inspected During Past Week Four coal mines of the Helper district were inspected during the post week Kenilworth, e, Mutual and Castle Gate, and found to be in generally good condition, especially with regard to safety. The inspection was conducted by O. F. McShane of the Utah inJolin B. dustrial commission; Taylor, state coal mine inspector, and Ernest Hodges, inspector of metal mines In Utah. o o o CLEARING SNOW ON THE D. & R. G. STORAGE TRACKS Roadmaster Flatberg for the Rio Grande was out Monday with the snow fighting equipment, a and a spreader, working the storage and side tracks of the Soldier Summit district. Heavy snows have fallen in that vicinity but the main tracks have been kept open. o o o bull-doz- Another Helper Lad Makes Good Showing in Business Studies Word received in Helper this week by John Gerendas, of the Success Meat and Grocery company, is to the effect that Chris Jouflas is showing splendid progress In his business studies on the Pacific coast. Chris, who formerly was employed in the Success grocery company store, left here last fail for Los Angeles where he entered Wooriburys college to study business administration in various lines. He has just completed the firBt quarter of study heading the honor roll for the entire school of several hundred students. Chris, the son of Mr. and Mrs. Pete Jouflas of Helper, Is a graduate of the local high school, and Is well and favorably known to many in this vicinity. o oo Chats With Readers We want our readers to know that individual ideas expressed thru the "open forum" are always of Interest and will be gladly published. Anonymous communications will be cast aside for they cannot be Interesting to the public, as also will letters indicating There are attacks on persons. many subjects of community worth, however, that the public would be glad to see discussed by individuals. Barboglio Home is Damaged by Blaze Lee Diamenti Found Guilty as Charged Movement to Lower Rentals in Helper oo n, l eco-no- |