The Bismarck Tribune Newspaper, August 20, 1924, Page 1

| P= portunity to the humblest.” WEATHER FORECAST For Bismarck and vicinity: Show- ers this afternoon or tonight. ESTABLISHED 1873 THE BISMARCK | BISMARCK, NORTH DAKOTA, WEDNESDAY, AUGUST 20, 1924 TRIBUNE | mon PRICE FIVE CENTS FINAL DEATH PENALTY FIGHT BEGUN DAWES STRIKES AT LAROLLETTE [N ACCEPTANCE Calls His Movement Chiet Enemy of Republican Party This Campaign TO Administration Has Accom- plished Much, He Says, at Notification 4 POINTS RECORD Evanston, Ill, Aug. 20.—Hav- ing formally accepted the Re- publican nomination for Vice- President, Charles G. Dawes en- tered actively into the party's national campaign today with is departure for Maine to de- liver an address at Augusta. Mr. Dawes will return to his home here next week and then proceed to Lincoln, Nebrnska, for another speech, August 29. His first stumping tour will be- xin soon afterward. Evanston, Ill, Aug. 20.—(By the A. P.)—Three issues, “the funda- mental principles of our constitu- tion,” the League of Nations and the World Court were the principal pecs in the address of accept- nce by General Charles G. Dawes of the Republican vice-presidential nomination, last night. In discussing the* constitution, General Dawes attacked the LaFol- lette movement, socialism and what he called “radicalism” in the LaFol- - lette movement and in one section of the Democratic party. He termed the LaFollette movement the chief opponent of the Republican party. He prefaced the address with fig- ures on economy in public expense effected by the Republican admin- istration “This,” said Mr. Dawes, “is a ¢ paign of brass-tacks—not bombast. reduced the eration, and “This administration cost of governmental op it was not by acciden By this saving, he said, “approxi- mately six million dollars per day less, for national purposes, will be collected in 1925 from taxpayers, than for the fiscal year of 1921.” In the fast pre-budget year after debt payments federal expenditures were 59 per cent and those of cities, states and towns 41 per cent, while in 1923, he said, the federal govern- ment took 41 per cent of the taxes compared with 72 per cent by the other three. “The Federal Government,” he added, “is headed in the right direc- tion, and most of the states, cities and towns in the wrong direction.” Praises Coolidge Mr, Dawes said President Coolidge was “uninfluenced, by motives of po- litical expediency.” The Republican party, he said, stands firmly on the constitution. “Opposed to it,” he said, “though the result may be to deadlock the presidency and make Bryanism suc- ceed the Coolidge policy, is a move- ment of untried and dangerous ra- dicalism.” He said this movement had a platform drawn by one man, XN designed to soften “apprehension as to what the movement really means.” a “A man is known by the company he keeps,” said Mr, Dawes, and quot- * ed from Associated Press dispatches concerning the Cleveland convention. He read a statement that “The So- cialist Party formally enrolled under the LaFollette banner,” and another quoting Eugene V. Debs as thinking it “wise for our party to make no nominations” and “to keep the red flag flying.” “Here is the battle alignment, and here are the flags,” said Mr. Dawes. : Between these two armies of “pro- gressive conservatism and of radi- calism,” Mr. Dawes named the Dem- ocratic party “with one conservative and one radical candidate, hoping to get votes by avoiding the issue. He predicted the Democrats would “suffer the fate which befalls those who try to straddle in a real fight. “We are face to face with an ab- normal condition in this country. ne American citizen has seen men Weare in the same state at the same time, irrespective of their in- consistencies, increased wages for railroad labor and decreased railroad rates, and higher prices for beef on the hoof and lower prices for beef on the table. From the average candidate, in either party, he must Accept either evasion or a doctrine designed to please him, whether or not it tends to plunge the whole into disaster. country trikes at LaFollette “Robert M. LaFollette, leading the army of extreme -radicalism, has a platform demanding public owner- ship of railroads and attacking our corOur nation is asked to follow an attack upon them (our constitutional principles) massed behind an aggres- sive personality, a heterogenous col- lection of those opposing the exist- ing order of things, the greatest section of which, the socialists, flies the red flag: and to what? Into reopening of war upon those funda- mental principles of, human liberty ahd inalienable rights of men which ere giving in this country safe op- + Mr. Dawes said the League of Nations was not approved by the people of the United States becau e jt did not make clear to their minds ( (Cntinued on page four.) Dawes’ Home Town Made Bright for Notification Flags and bunting notification ceremony were of Charle strung the streets of Ev Republican vice pre along Dawes, nston, sident: Ill, in preparation for the formal ial nominee. The picture shows Greenwood avenue, the street where Dawes lived, decorated for the affair last evening. CHOOL BOARD'S NON-RESIDENT VIEWS GIVEN Will Care For All Outside! Pupils Possible, It Is Decided by Board FACILITIES ARE LIMITED Tuition Fee to Continue the! Same as in the Past, It | Is Announced The city board of education will accomodate all non-resident pu- pils it has facilities and money to accomodate, in the high school during the coming year, it is announced by the board. This is announced by the} board in rescinding a resolution to raise the tuition fee in the high school from $54 to $108 per year per pupil. The actual cost to the city board of caring for a non-resident! pupil is figured at $120 per yer. After States Attorney Allen’ called attention of the board to the matter] on request of some parents living in the county outside Bismarck, tele- graphic communication was undertak- en with school boards in other cities. In all but Williston $54 per year per pupil is charge, while in Williston $94 per year is charged non-resident pupils.’ The local board also sought opinions from Alfred Zuger and the Attorney-General’s office, which were to the effect that $54 is the maximum legal rate which may be charged. The Bismarck High School, how- ever cannot accomodate all pupils of the city of Bismarck and outside the city who desire to attend, The high school was built for but 300 students, and last year, according to! board members, the attendance was ‘so large that freshmen could not be seated in the assembly room, Position of Board The position of the board is out- lined to parents of non-resident pu- pils in a letter of Superintendent H. 0. Saxvik, as follows: Bismarck, N. D. Aug. 20, 1924. Dear Parents: Owing to the tax limitation law and the mounting cost of maintaining our schools, The Bismarck Board of Education finds it impossible to fur- nish building and equipment suffi- cient to accommodate all non-resident, students who would like to enter our High School and Grades, The Board| ‘thas contemplated an advance in the high school tuition fee but is advis- ed by its attorney that the legal rate of $54.00 per year is all that may bo charged, and the tuition has accord- ingly been fixed at that sum, In addition to the above tuition there will be an annual laboratory fee of $5.00 in all sciences and a similar fee for work in the commer- cial department. ,These fees apply to all students, whether resident or not. Each non-resident student must present at timé of enrollment a cer- tificate from the district board that the board recognizes its liability for the $54.00 tuition fee and will pay it. Unless this certificate is furnish- ed the student’s parents must assume liability for the amount. We shall accommodate all possible non-resident students but shall have to draw the-line when the limit of equipment and room is reached. Cost Of Pupils During the past year the cost of maintaining our high school was ap- proximately $120.00 per student and it cost us approximately $65.00 for each grade pupil. Non-resident pu- pils last year cost us more than $10,- 000.00 over and above the tuition that we were able to collect, We would gladly stand this loss if the laws would permit us to levy sufficient taxes to meet it. There has never been a disposition on the part of the Board to discourage or prevent non- residents from entering our schools. We have always been glad to accom- modate them. They have been an asset to our schools but it has be- come a matter of self-protection and (Cntinued on page four.) ~ alesman Ready For Wild West Grand Fork: hols sman of Ply mouth, Mass., was taking no chances with T. W. W. or yeggmen, and so when he invaded North Dakota on a selling trip in his car he packed a revolver, When he struck Grand police officer noticed the cannon | ing on the car seat, and picked u Nichols under the antigun — toting After explanations he was re- leased, but the artillery was confi cated. we STONE DENIES ANY SPLIT IN INDEPENDENTS Declares He Will Not Resign as Union Treasurer for LaFollette Forces WHEELER CQMES BACK Washington, Aug. 20.—Senator Li Follette, independent candidate for President, apparently had been re- leased today of the likelihood of the necessity to realign his forces by the statement in New York last night by Warren S. Stone, head of the broth- erhood of Locomotive Engincers, de- nying that he had resigned as treas- urer of campaign funds solicited from labor organizations and their members. Reports that Mr. Stone was pre- paring to relinquish the task assign- ed him in the independent organiza- tion were accompanied by intimations of differences and some talk of a split, but the latter was denied on all sides. Senator Wheeler, Mr. LaFollette’s running mate, traveling by automo- bile from the Massachusetts South Shore where he spent three weeks with his family sent word yesterday that he expected to be to capitol today ready for the — confer- ences with the leaders:and their ad- visers to round out the campaign plans The financial as well as speech-making and other activities ences which are to begin tomorrow. —— —9 \ Weather Report | For 24 hours ending at noon, Temperature at 7 a.m. . Highest yesterday Lowest yesterday Lowest last night . Precipitation Highest wind velocity . WEATHER FORECASTS For Bismarck and vie y: Show- ers probable this afternoon or to- night. Thursday partly cloudy. For North Dakota: Showers prob- able this afternoon or tonight; warmer southeast portion. Thursday partly cloudy. GENERAL WEATHER CONDITIONS A low pressure area extends in a trough along the eastern Rocky Mountain slope and precipitation oc- curred from the northern Rocky Mountain region westward to the Pacific Coast, Precipitation also oc- curred in the upper Mississippi Val- ley and Great Lakes region. Higher temperatures prevail in the Great Lakes region and along the eastern Rocky Mountain slope while cooler weather is general west of the Rockies. North Dakota Corn and Wheat Region Summary For the week ending Aug. 19, 1924: The weather during the week was favorable for harvesting and thresh- ing, but mostty too cool and cloudy for corn. The spring wheat harvest is well advanced and some late sown is being out early on account of black stem rust. Rye and barley threshing is well under way with generally good results. Flax is good to excellent and ripening; some of the late sown needs rain. Pastures and ranges also need rain in some sections. ORRIS W. ROBERTS, 5 Meteorologist. Forks, a! OND SEVERE STORM CARRIES HAIL WITH IT TODAY ; Report Received From Tim- mer That Hail Does Much Damage Around There RAIN HERE IS HEAVY A severe electrical and rain storm, which struck Bismarck about two o'clock this “afternoon also brought a trace of hail to the city with it, It is believed heavy hail damage was done in some places. A half-inch of rain fell in Bis- |marck within a period of about a |balf on hour, before 2:30 p. m., with \Jikelihood of rain still falling. It appeared, according to weather ob- servers, that the storm which came from the south » went on east toward Jamestown,,covering a wide territory. The Northern Pacific railroad re- Jeeived a report from Timmer, in southern Morton county near the Missouri river, that a heavy hail storm did great damage there, The storm appears to be working east, a rding to reports recei by the Soo railroad. It began rain- jing at Wilton at 3:15, but rain is |reported at no other place north of here, although rain is reported across i the river. Rain is falling between here and Wishek. A light hail is reported at Kin- \tyre; the amount of damage done was not known. ‘KID WCOY T0 FACE CHARGES OF GRANDJURY Ex-Pugilist Is Indicted For Three Separate Offenses By Grand Jury Los Angeles, Aug. 20.—When Kid McCoy, former pugilist, was arraigned in superior court here today, and the indictment was read to him charging him with the murder of Theresa Mors his flashed and he cried: did not.” His formal plea was postponed until next Monday. Los Angeles, Aug. 20.—Kid McCoy, the boxing Beau Brummel, who 20 years ago strode into a Los ‘Angeles hotel boasting 80 suits of clothing besides the fighting trunks in which he was to make his first appearance here, today slouched on a cot in the county jail, a 51-year-old former pugilist, broke, dejected, awaiting trial on indictment charging him with murder, robbery and assault with intent to murder. Nineteen witnesses told the grand jury yesterday how the body of Mrs. Theresa Mors, dead of a bullet wound in her head, was found early Wednesday in the apartment she and McCoy had occupied; how afew hours later the Kid’s burst into the Mors antique shop in the fashion- able West Lake shopping district, held up four men and slightly wounded two men and a woman. WILL OPEN _ OFFICE HERE C. H. Crockard, who lived in Bis- marek for ten years, being associated with S. H. Clark in the publication of Jim Jam Jems, was in the city to- day and announced his intention of opening an office soon for the pur- pose of conducting a trade stimula- tion and advertising business in North Dakota, with Bismarck as his headquarters. Mr. Crockard will deal chiefly with the smaller towns in ‘the state. Recently he has been in Minneapolis, MANITOBA AND |RESIDENTS OF SMALL MINNESOTA IOWA BOTH ARE HIT BY STORMS Turther Widespread Damage Is Indicated to Crops in Canadian Province IOWA CORN DAMAGED Storm - Ridden State Suffers Heavy Losses, Making Out- look on Crops Gloomy Winnipeg, Canada, Aug. 20.—(By the A. P.)—Further widespread dam- age to Manitoba's grain crop was in- dicated in meager reports today ef the havoc wrought by the severe electrical storms which have swept the province the past two days. Ten thousand acres in the Fox Warren district were reported to have suffered an 80 percent crop dam- age by furious hail storms, a panied by torrential rains and a lent wind. In the Carberry district 4,000 acres were reported to have paid heavy tri- bute to the elements, while a 35 per- cent crop loss was indicated over a considerable area neat Brookdale. REPAIR DAMAGE Des Moines, Iowa, Aug. 20.— Storm-ridden Iowa once more at- tempted to repair the damage caused by a severe rain storm in the eastern part of the state which late Sunday and Tuesday resulted in the loss of three lives, hundreds of cattle and horses, thousands of dollars in crop damage, and flood- ed homes and farmlands. As a result of Monday’s storm coupled with several other rain and wind storms during the past month, the Iowa corn crop outlook was declared “the gloomiest in 35 years,” by Charles D. Reed, direc- tor of the Iowa weather and crop bureau, and that “only through a weather miracle could there be more than half a crop harvested.” In the Wapsipinicon, Cedar and Big Creek river valleys, cattle were swept into the torrents and it was through their efforts to save cattle that had been stranded in high water that J. N. Schley and De Cloude Barrett of Bertram lost their lives __ Lightning Kills Girl _ Elizabeth Smith, aged 12, liv- ing near Keokuk, was the third victim. She was killed by light- ings 1d very section of the storm swept area sent reports of rising rivers and creeks. At Dubuque, the Mississippi rose perceptibly within an hour after the storm. FLIERS AGAIN ARE HALTED Bad Weather Prevents Ex: pected Hop-off Today Iceland, Aug. 20..—(By )—The American around the world fliers had made preparations to start this morning on their long hop to Fredericksdal, near Cape Fare- well, east of Greenland, but unfavor- able weather conditions again forced them to abandon their intention. A gale delayed the arrival here of the United States Cruiser Richmond, which is bringing spare parts with which the two machines can be re- paired. The Richmond, which was to have arrived here at 4:30 o'clock this morning, will not arrive until 9 o'clock and the necessary repairs to the planes will take at least two hours, Realizing the probable delay in the arrival of the Richmond, Rear Admir- al Thomas P. Magruder had made preparations for sending the mater- ial with which to repair the planes to Reykjavik by means of scout air- planes on board the cruiser but the plan was abandoned because a heavy gale was blowing there this morning and because of uncertainty regarding the landing of the scout plane. The Richmond arrived at 9:04 o'clock this morning and spare parts for the damaged airplanes were immediately brought ashore. The fiers will not leave today be- cause of the strong gale. It is un- certain when the Richmond will de- part, START TOMORROW Reykjavik, Iceland, Aug. 20.—The American round the world fliers and Lieut. Locatelli, Italian aviator, who will accompany them on, their flight to the North American con- tinent, will take ofP on the long lap to Fredericksdal, near Cape Fare- well, east Greenland, at 3 o'clock tomorrow morning, it was decided today. The decision was made this morning at a conference on board the U. S, Cruiser Richmond between Rear Admiral Thomas Magruder, Lieut, Lowell H. Smith, commander of the round the world fliers, and Lieut. Locatelli. The mysterious “palolo,” a tiny fish found off the coast of New Zea- land, can only be caught at dawn on ‘one particular day in the year, when they rise to the surface of the sea for two hours, VILLAGE BATTLE BANDITS, DRIVE THEM OFF AFTER BLOWING OF SAFE Richfield, Minn,, Aug. 20—Ta ing advantage of an enveloping fog early today three bandits at tempted to rob the F State Bank at Cosmos, a small town 18 miles south of here, but abandoned the task after an exchange of shoty with residents who had been awak- ened by the explcsion set off in an attempt to open the moncy safe. Lixpioding. two charges of nitro- glycerine, the bandits ripped the door from the lower compartment. ot the safe but failed to open the money chamber. They fled with nothing for their pain CALLS SPECIAL ELECTION FOR CONGRESSMAN Governor Issues Proclamation For Vote in Second Con- gressional District TO BE HELD NOV. 14 A proclamation calling a election in the Second Congressional District. on November 4—-the same day as the general fall election —-to choose a successor to George M. Young, resigned, was issued today by Governor R. A. Nestos. Representa- e Young has resigned, effective September 2, to accept a place as judge of the United States Court of Claims, His regular term would ex- pire next March 4. The proclamation of the Governor follows: special PROCLAMATION WHEREAS, the Honorable George M. Young, representative in Congress from the second congressional dis- trict of the state of North Dakota, has filed his resignation to take ef-| fect September 2, 1924. NOW, THEREFORE, I, R. A. Nes- tos, Governor of the state of North Dakota, do hereby proclaim and call a special election to be held on Tues- day, November. 4, 1924, simultaneously with the general election, in each precinct in each of the counties com- prising the second congressional dis- trict of the state of North Dakota, for the election of a representative in Congress to fill out the unexpired term of the said George M. Young. The nominations of candidates to be voted for in said special election shall be made either by petition or by convention, under the provisions of Section 501 of the Political Code of 1899, Let the public and all election of- ficials in the second congressional district take due notice and act ac- cordingly. Dated at the capitol in Bismarck this 20th day of August, A. D. 1924, and given under my hand and the Great Seal of the state of North Da- kota. R. A. Nestos, Governor. Thomas Hall, Secretary of State and Repul an nominee for Congress in this district, said today he also would be a candidate for the unex- pired term. Gerald Nye of Coopers- town, indorsed by Nonpartisans for the office, also has announced he would be a candidate for the short term, ANTI-SMOKES LEADER DIES Lucy Page Gaston Was Foe of Cigarettes Chicago, Aug, 20.--(By the A. P.)— Miss Lucy Page ton, founder of the National Anti-Cigarette League, died today in a Hinsdale hospital. Miss Gaston was injured in a street car accident several months ago. Physicians were uncertain to what extent her injuries contributed to her death. She was concious until a half- hour before death, physicians said. Undaunted by ridicule which Miss Gaston received, she was the arch enemy of tobacco for more than a quarter of a century. In spite of her admission that smoking among women and boys was on the increase, she continued her efforts. She sent a letter to the late President Harding asking him to quit smoking cigarettes, and ask- ed other dignitaries to do the same, During the war, when relatives were supplying soldiers with cigarettes. she never relaxed her efforts, even in the name of patriotism. She was an associate of the late Francis Willard, she had edited the Citizen, published at Harvey, Ill., and later the Boy Patriot, among reform journals. Her aggressive spirit sometime appeared in clashes within her organization. When the Kansas branch of the national Anti- cigarette League objected to the publication of a magazine there she resigned as president of the league, but her resignation was not accept- ed. Two French professors have in- vented a radiographic instrument which permits a “movie” to be made of the beating of the heart. The explesion aroused Emil Hackbart, who lives opposite the ; bank building, and he obtained his | revolver and fired two shots at the | men, neither of which apparently took effect. As Hackbart stepped ; back into his house, the bandits returned the fire, sending eight | bullets into his home, two of which | narrowly missed him. Meanwhile |the firing had aroused others of {the town's 125 population and when ‘lights began to appear in a dozen | or more nearby houses, the bandits with a departing volley of shots, | fled in their automobile. 'GITLOW WIL SPEAK IN CITY itlow, candidate of the Worker ty vice-president, will deliver campaign speeches in 0, October 10 and in Bismarck October 11, according to word re- ceived here. Mr. Gitlow, the run- ning mate of W. Z, Foster, will come |here from Minneapolis and St. Paul. From Bismarck he will go to Omaha. Benjamin IN N, D, RISES $15,000,000 This Excess Over 1923 Is Estimated by Wheat Grow- ers Head on Estimates rand Forks, Aug. 20.—With an estimated increase in the wheat crop over last year to 50 million bushels, and prices about 30 cents higher, the farmers in North Dakota stand to | increase their income on wheat alone approximately $15,000,000. This state- ment was made by Geo. E. Duis, president of the North Dakota Wheat, Growers Association. “Rye prices have gained 10 cents a bushel since June 19, and North Dakota boasts one of the biggest rye crops in years; oats have increased in price in like manner, which will also add to the wealth of the farm- ers in this state,” Mr. Duis declared. “The North Dakota Wheat Grow- ers Association will likely handle ut 25 million bushels of wheat year, and if present prices are maintained, and there are ‘indica- tions that they will go still higher, our members will gain over 7 mil- lion dollars over what they received jfor their last year's crop. This in- crease in price is due, not only to a short wheat crop throughout the world, but due to the strength of the wheat pools and the disposition of farmers to market their wheat in an orderly manner,” he asserted. “This increased income of North Dakota farmers is largely velvet, for the 1924 crop was planted at a min- imum expense, the farmers cutting down their overhead in every way— hiring very little help, getting along with old machinery, and otherwise cutting corne DAWES SPEECH IS PRAISED Plymouth, Vt Coolidge sent his ulations” to Charles G. Dawes on the vice-presidential nominee's speech of acceptance, delivered last night. WHEELER 10 START FIGHT Washington, Aug. 20.—Active cam- paigning in behalf of the LaFollette- heeler ticket probably will begin on Labor Day with an open air ad- dress on the Boston Commons by Senator Wheeler of Montana. SCOTCH WHISKY IS SEIZED Aberdeen, S, D., Aug. 20.—Two consignments of scotch whisky, wrapped in the original straw wrap- pings as delivered from rum row were seized here by general prohi- bition agent, Lane Maloney. They were sent by a fictitious consignor in New York to a fictitious consignee in Aberdeen, care of a local hotel. The first shipment was traced out of New York and prohibition agents accompanied the shipment through, Soon after it was deliver- ed by the express company the seiz- ure was made. This afternoon a second like shipment of 48 quarts was tendered for delivery, refused by the hotel and seized by Maloney. The liquor was poured into the sew- er at the police station. Arrests will follow, the agent states. Aug. 20.-President “hearty congrat- Old legends tell of men who had the power to look down into the earth and see where gold and silver idee PHILOSOPHY IS NOT A DEFENSE ASSERTS STATE First Lawyer For Prosecu- tion Cites Riot and Com- munist Cases to Court CITES THE COLD LAW Reads Passages Defining What Crimes Shall be Fol- lowed by Death Penalty Chicago, Aug. 20.—Two of the three high crimes for which Illinois Provides the death penalty—murder, rape and kidnaping—were committed by Nathan Leopold Jr. and Richara Loeb in a manner justifying nothing less than death on the gallows, Thomas Marshall, assistant states attorney, told Judge John R. Caver- ly today, He urged the extreme penalty in an argument based upon the phrase- ology of the Illinois laws and the ; formal charges connected with the kidnaping and murder of Robert Franks, to which the defendants have pleaded guilty. Judge Caverly opened a book of law and followed the law as Mr. Marshall read the cold, hard phrases defining murder and kidnaping as capital crimes in this state. The phrase “shall suffer the penalty of death” was always brought out in a voice raised in tone and emphatic in its deliberateness Defendants Calm The defendants gave no visible sign that the “phrase,” death pen- alty had been heard by them. They seemed more interested in the notes being made by Clarence Darrow and his associate counsel for the defense, The Attorney ridiculed the defense attempt to show mitigation of pun- ishment by the testimony of men- tal experts. “No philosophy is an excuse for crime,” was Mr. Marshall's text on that point, and he worked it out by drawing parallels between Leopold and Loeb's beliefs in their own power and the philosophies of anarchists, communists and Mormons who were convicted of viplating the laws of the land despite reliance on their convictions as justification for the acts. The Super-Man Theory The assistant prosecutor started with a reference to defense testi- mony that Leopold considered hime self a super-man. “So did the Chicago anarchists of 35 years ago consider themselves super-men,” said Mr. Marshall. “They sought to destroy the law with dyna- mite. These men would destroy it by other means but on similar phil- osophical grounds.” He read from the record of the Haymarket riot trials and drew a parallel between speeches by Par- sons, Spies and their associates and the ideas of the defendants. “The philosophy here is that the law has no application,” said Mr. Marshall. “The anarchists were ex- ecuted by the law that they damned, not for their philosophy but for their violation of law.” Other Cases Mr. Marshall, in a similar vein, ussed the more recent commun- ist cases in which the millionaire Lloyd was the central figure. “Upon what theory can it be said that the views of Leopdld Jr., since they do not protect him from the consequences of his act, can be urged in mitigation of his crime?” asked Mr. Marshall. The findings of the supreme court of the United States in the poly- gamy cases were referred to in an- other case in which a philosophy was disregarded by the court in plea for mitigation. Chicago, Aug. 20—The long legal battle in which the state demands death and the defense imprisonment as the penalty for Nathan Leopold Jr. and Richard Loeb, co-murderers of Robert Franks, today had reached the stage of final argument. Pursuing the same objective that it did in its testimony the prosecu- tion in its opening salvo of oratory has declared that only the gallows would expiate the crime to which the youths, millionaires’ sons and uni- versity graduate students, have pleaded guilty. For the next two days states attorneys will reiterate the demand in their arguments. Mitigation of punishment, which throughout has been the plea of the defense, based on a theory of men- tal sickness caused by functional disorders of the endocrine glands, childish phantasies and deficient emotions, will be argued by Walter and Benjamin Bacharach and Clar- ence Darrow, defense counsel, in the three days they plan to use. Then Robert E. Crowe, states attorney, will take 2 or 3 hours in the final effort to induce Judge John R. Cav- erly to impose a capital sentence. N. D. TEACHERS BOARD MEETS The board of trustees of the Teachers Insurance and Retirement Fund are holding a session here, with P. S. Berg of Dickinson, R. M. Black of Ellendale, State Treasurer John Steen and Mi Minnie J. Nielson present. M. Beatrice John- stone of Grand Forks was unable to be here. * ee