The Bismarck Tribune Newspaper, March 15, 1927, Page 1

WEATHER FORECAST Snow and colder tonight. Wed- nesday cloudy-and colder. ESTABLISHED 1878 BISMARCK, NORTH DAKOTA, TUESDAY, MARCH 15, 1927 ‘HIGHWAY COMMISSION IS REORGANIZED TODAY POISON PLOT IS REVEALED T0 OFFICERS Attempt Had Been Planned For Next Saturday to Emp- ty Joliet Penitentiary IS INVOLVED Authorities Are Told That Bobby Franks’ Killer Fi- nanced Jail Break LEOPOLD Chicago, March 15.—()—A plot to empty Joliet penitentiary of its 1200 inmates by the wholesale sinughter by poisoning of the guards has been revealed to prison authorities and + Chicago police by a paroled’ convict. The plot, set for execution next Saturday; is the third of a series be- hind all of which now looms the youthful sinister figure of Nathan Leopold, Jr., plotter and co-executor of the murder in Chicago of little Bobbie Franks. It was Leopold, the officers have been told, who conceived the origin- al prison break in which seven men escaped after killing a deputy war- den, only to have six of the seven recaptured and sentenced. to hang for murder, Leopold Financed Jail Break It was Leopold, too, said the detail- ed stories over which the officers now are working, who financed last Saturday’s break’ from the Joliet jail—a break in which three of the six recaptured in the first escape reached freedom and shot to death a policeman. Two later were recap- tured. Leopold is not linked directly with ‘the latest escape plot as told to offi- cers by Leo Delgoda, paroled convict, but it was Leopold’s original ting, Delgoda related, that inspired the scheme to evacuate the peniten- tiary next Saturday by killing the guards with arsenic, to be their coffee. itentiary escape, story printed to and Examiner. outside he obtai: ed $8,000 ‘vhich was to finance the flight of nimself and his pici.ed hssociates first to Detroit, thence to Canada and finally to Mex: ico.” Planned to Live in Luxury Palos Verdes, Mex., was the place Picked as the refuge for those who escaped, said Delgoda, who obtained his information from letters in Span-© ish to the plotters, which he was called upon to translate. The plans provided that the men who escaped were to live in luxury in the Mexican town with funds furnished by Leo- pold’s Chicago friends Delgoda said the original plot pro- vided for the escape besides Leopold of ‘Bernado Roa, Gregorio Rizzo and Robert Torrez, the three Mexicans who broke from the Joliet j last Saturda; Of this trio, Roa is still at large. Charles Shader, Charles Duschowski and Walter Stalesky-— three men who were under sentence with the Mexicans to hang for slay- ing the deputy warden in the origin- al penitentiary break—also were to have been included. Leopold, according to Delgoda’s story, lost his courage and turned sick at the gisht of the blood of the deputy warden killed by his fellow- convicts, and that was why he did not attempt flight. One Gamble on Decency After telling of the poison plot, plans for which he said, had been completed, Delgoda suid: “Tam what the police call a hard- boiled egg, but I draw the line at wholesale eee The chances gre that every criminal walking the streets of Chicago will feel culled upon to avenge my violation of the ex-convict’s code of ethics, But I'm taking ny chantes and staking every- thing on this one gamble on de- cency.” Chief of Detectives William Scho- maker, one of those who heard Del- goda's. story, said’ that early check- ing of its details indicated the story to be virtually correct. Delgoda’s story was that arsenic was to be infused into the coffee served the guards, with the flight of all inmates to follow immediately. ig? coffee which is given the guards prepared by convict workers in the prison kitchens. Delgoda was employed in the kitchen. Although this lates: detracted attention from the jail break of Saturday, search for the one prisoner still at. large—Bernardo Roa—continued, Chicago gous. were told early to- day by a Mexican pool room proprie- tor that is lying in a secret) stronghold, armed Terith two | shot- guns and two revolvers, awaiting opportunity to make good his boast “Pl kill 15, policemen and shoot myself with the last bullet.” Weather Report development Weather yerarsig at North Da-| I kota points for the 24 at 8 a: m. today. Temperature 7a Highest yesterday Lowest last night Precipitation to 7 Highest. ih aie a For Biewarek and vicinity Snow and colder tonight, dnesday cloudy and colder. ‘WEATHER CONDITIONS "Rock mae hours ending’ 38. 65 38 0 22 A low pressure a piaing States and region and’® precipit from the northern region ‘westward of ic coast. General; mai ‘weather prevaile.from the s States east- ward due to the igh lene d ares centered over the Great Lake's re- gion, Temperatures are high over the Mississippi States but’ somewhat colder serpin prevails over the Mountain region. ORRIS W. ROBERTS, Official Offioias an arhe:, eee plot-| ut in b 1 d| stretch for miles on ei Valley and- Plains| stood [Teitake comeie | CHICAGOANS CLAIM CITY 8 A SAFE PLACE | Mr. and Mrs. Average Citizen | Will Unite to Help Officers Control Crime {MASS MEETING CALLED | Objections Voiced. to City’s Fast Spreading Reputation as Crime Center oe ae Chicago, March (#)—Chieago’s | average citizens are getting tired of | | Strangers asking them if they keep} a machine gun handy around the house. The normal ci | fourth largest their normal tively "no. closer Miinchip with the flaring Chicago crime than the in- {habitants of Sauk Centre, to the conclusion that ought to be done about i So there will be a citizens’ mass mecting here March 30, with a two- |fold object. To Assist Authorities Roscoe E. (Fatty) Arbuckle, former film comedian, has signed’ a five-| year contract to produce a series of comedies for Abe Carlos, independent producer. The ntract is expected to bring Arbuckle $2,500,000, ARBUCKLE TO AGAIN APPEAR _ IN PICTURES Former Film Comedian Signs Contract to Produce Se- ries of Comedies omething fe ef- rivate, public, and semi- | private organizations — and bodies, to help constituted authori. |ties control crime. Second, to get the idea abroad some way that Chicago is as safe a place for Mr. and Mrs, Average Citi- zen to live as any other metropolis. The Ilinois manufacturers’ asso- ciation called the gathering and the Chicago crime commiss operate. Last week, in 24 hours, guns blazed in the south side bi belt, sending two beer runners to the morgue and three Mexican murder- ers, escaped from iet, burst into} city to hide. The next day the iddled body of another Los celle 8, Examiner Arbuckle, ee comedian was cut sho he was accused of the death of Virginia Rappe, picture actress, but later acquitted, will again cavort before the camera. ‘The rotund fun maker yesterday ee a@ contract to produce a series comedies for Abe Carlos, independ- eit producer,‘ over a period,of five years which, it was said, he expected will net him $2,500,000. The first production will start in Berlin October 1. MARKETING OF COUNTY BONDS I$ DISCUSSED Governor Suggests That State’s Bank Help in Financ- went side roadhoune But Mr, and ahead and shopp roast, albeit expressing the opinion they hoped the gangsters eventually would kill themsely off. | (Fatty) er as a film i when Reputation Grows Chicago's r crime While that even proud Michigan avenue has | echoed to machine gun fire in a gangsters’ war, officials point out that in most cases of spectacular vcrime, it was gangster after gang- ster, or bootlegger after bootlegger. Coroner juries in Cook county iast r returned murder verdicts in "366 cases-- —and the avera more fi tained so far this year. But in there were 330 coroner jury murder verdicts, of which, however, 62 were ascribed to the race riots of the time. * In 1925 th re 394 murders, as} shown by records of the coronc However, Judge Andrew A. Bruce,| professor ‘of law at Northwestern} University, who completed a crime] survey of Missouri, said that Kansas City and St. Louis lead Chicago in the number of homicides. w ‘| October ‘tof age he was employed | same office two Illness Is Fatal [__Miness is Fatal] David C. Poindexter, former state auditor and more recently Tnanager of the state insane ‘hospital at E town, died this morning follow- i brief Ulness. POINDEXTER, FORMER STATE Influenza and Pneumonia Prove Fatal to Manager of State Insane Hospital David C. Poindexter, former state Jauditor and for the past few years! nager of the state hospital for the| nsane at Jamestown, died at a Jamestown hoxpital at 10:45 this morning after an illness of five days, death being due to influenze whien | culminated in pneumor Mr. Poindexter, who consecutive terms from 1920 until served two state auditor |, was married | 4, 1926, to 3 Marjorie | MacLachlan, daughter of Dr. and! rles MacLachlan of New d and secretary to Dr. superintendent of the s ter was born in St. Pa but lived in Jamestown nearly all h life, having attended the grade and) high schools there. When 19 y: as opera’ for the Northern Pacifie and mained with the railroad until 1 except for the time which he sp in the army during the world He was in service about 15 m in the Texan camps in squadrons 144 and 108 as i servation 20, | n bombing planes. Had Many Friends He was elected state auditor 1920, polling an exceptionally number of votes at both the election and the reelection to rs later. first the ing Feed, Seed Loans FORD-SAPIRO TRIAL OPENS | AT DETROIT We: Ae Chicago siete: and Organ- izer of Cooperative Move- ments Seeks $1,000,000 Ways and means of marketing warrants and bonds to be issued by North Dakota counties to raise money. with which to finance seed and feed loans were considered at a meeting of the state industrial com- mission Monday. : The .meeting was called by Gover- nor A. G. Sorlie who suggested that the Bank of North Dakota has a large balance on deposit in big city banks which could be utilized by the Bank of North Dakota in financing the feed and seed loans. C. R. Green, manager of the bank, reported that banks at St. Paul and Minneapolis are competing for the business and that five field men have been sent inte North Dakota b; these institutions. Arrangements al- ready have been made by every county which will operate under the act to market its warrants at 5 per If these are not paid next fall the counties then will issue bonds with which to retire the war- Detroit, March (#)—Selection of a jury in the $1,000,000 libel suit ‘of Aaron Sapiro against Henry Ford was started in United States district court today after the maze of tech- nicalities and legal arguments on amended complaints hud been ended by a ruling of Judge Fred M. Ray- mond, Henry Ford was not in court when selection of the jury began and Stier he stv actunlty seen ceed with a subpoena apparently still was in dispute. A motion of the plaintiff's to strike out 571 paragraphs of the plea of defendants was denied by the judge who warned the defendants, however, that they would have to point out the specific paragraphs to which they were referring in admitting evidence. Ford Ready to Appear __ Threats of contempt proceedings against Mr. Ford were held in abey- ance pending selection of the jury. It was reported that, although his counsel disputed the contention of laintiff’s attorneys that a subpoena Bad been served upon the manufac- turer, he Was ready to appear en asked. Sapiro charges that Ford injured his reputation in accusing him of be- ing a member of a Jewish conspir- aey to control agriculture and in utilizing farmers’ cooperative organ- izations for personal gain. On the other hand Ford’s counsel claims that neither cooperative marketing nor the Jewish race is on trial. “We claim,” said Senator James Reed. of Missouri, “that Sapiro was selfish in motives, domineering in his tactics, harmful in his activities and dangerous to the agricultural movement because of his attempts to control it.” Sapiro Admitted to Bar Sapiro, Chicago lawyer and for 15 years organizer of cooperative mar- keting organizations, who. is suing Ford in connection with a series of Sreelas appearing in the Dearborn lependent,- Ford publication, in 4 and 1925, was admitted to the Re on motion of William Henry, Gal- be yt his attorney. This would per- Sapiro at any time during the Green said that the situation is being handled satisfactorily, insofar as he could see, and that there is no need for the state to, make its re- sources available to ae counties, Bureau May Buy Bonds It was intimated that in case bonds are sold by the counties, the ae workmen’s compensation bu- reau will be in the market for a large block of them next fall. Under a new. Jaw the compensation bureau will have more than $1,000,000 of its present balance available for invest- ment in public securities. The money has heretofore been deposited in the Bank of North Dakota. Indications are, Green said, that the amount of money to be loaned under the feed and seed act will not be as large as had been expected and that the total of all issues will be than $1,000,0' Previous Cs at a Alaskan Aviator’s Safety Is Feared NWeGath, Algska, March 15.—U@)— Grave fears ae felt here last night fore Ve You [Ag Hos Al avia- tor, who had’ Geen forced down alone and without shelter on the desolate wastes of uninhabited tundra, which r side of ee lower proeaptyd river. ‘oun; inaugurating a passenger a4 fre! ight service to the isolated villages of southwestern Alaska, left here on the last leg of his 500-mile journey to Bethel at noon yester- day. At that time the thermometer at 25 below zero and a make |i gale was howling out of the north. The plane was last see) Orer the summit of the Tacotna in, 50 | St. Besides. his widow, he is survi by his father, R. M.’ Poindexte of Jamestown, three brothers Poindexter, Jr., and Ivan A. Poi ter of Jamestown, and Harlay Poin- deter of Portland, Oregon, and two Miss Marian Poindexter BL Mrs. Charles Gardner, both of Jamcs- | town. Arrangements far the funcral aval not yet been completed. GRAIN RATE HEARINGS TO BE RESUMED Shippers Will Have Opportun- ity to Gross-examine Rail- roads’ Witnesses R. vd | | Although the Interstate Commerce Commission rejected proposals by the carriers to increase North Da- kota grain rates because of the gen- eral investigation of all freight rates now in progress, it is probable that the question of grain rates will be determined in advance of some other problems presented by the general investigation, according to Frank Milhollan, chairman of the North Dakota railroad board. The general investigation has been divided into classifications on the basis of the material shipped. he said, and grain and grain products are in a separate classification from other commodities, The general hearing by the 'ter- state Commerce Commission will be resumed at Kansas City in April and additional hearings will be held at Paul, Fargo and other points. Opening testimony was héard last month at Omaha but ‘the shippers were given no opportunity to cro: examine witnesses for thi 0; City and the shippers will be permitted to intro- duce testimony opposing the con- tentions of the carriers. It is possible, Milhollan said, that the case of which the grain rates are a part, may not be decided for sev- eral years because of its great scope and the huge volume of testimony to be taken and considered. By separ- ating the various items the Inter- state Commerce Commission will be able to dispose of them more quickly, he explained. Adjustment of tariffs on agricul- tural products are being fought by shippers of other materials, he ‘said, because of the fuct that a reduction in agricultural rates will necessurily mean .an increase in the rates or miles west of here, # hal! hear atter, Yeaving McGrath. trial to Cy take a active part, other commodit: AUDITOR, DIES): | MARSHAL CHANG'S FORCE - how. ers, bombed Chin NANKING NOW IS OBJECTIVE | OF CANTONESE Troops at mawreneee Grips| With Shantung Forces, To- day’s Advices State i EVACUATION PLANNED. Americans and Britishers Re- ported to Have Received Orders to Depart { | | | | | ] London, Mare drive for it is felt king to the zon the right bank f objective of Cantonese today were that the Can- the province of Kiangsu, and Chang- | dge and, in an encircling | In a dispatch to the Daily Mail, | continuation of that which recently | the south. In hard fighting ap to within 20 miles of Nanking on ring to hold Cantone a tremendous sult in anti-foreign outbreaks, ish officials in anking area aggregate: 15—( AP)—The city jof the Yantze river, 130 miles north-| anghai, apparently now es in their maneuvers ultinate- ly to reach Shanghai. { re at determined grips with| Shantung forces between hing, in din the province of} They were attempting to! movement, take Nanking before 4 frontal attack on Shangha’ | Sir Percival Phillips says the man- | cuvering now in progress is but a! culminated in capture by Cantonese of Wuhu, on the river 50 miles to day, the correspondent. assert: tonese pushed their line of attack | outh. The Shantungese arm of | 1 Chang Tsung-Chang nst the invaders th moral c Fearful the fall of the city would similar to thése that occurred when untonese took Wuhu, Ameri e laid plans for Is. The including a large number of 1 nd some 430 Am: received ur- nt orders to depart and that those | who have not already obeyed are | preparing to do so immediately 4 n 2 IM FURTHER SUCCE: Ss China, March 15,44) jarshal Chang Tso- y to launching a dri ard toward Hankow, held. by tonese, Chang claims to have inflicted se-| vere losses on the. semi-independent Honan forces of General Chin. Yun- Ao, forcing the to retreat to Cheng- Chang's air force which is co- operating in the advance of northern- Iquarters. SHOOTING OF GIRL CALLE ACCIDENTAL 18-year-old ae Tells Police! He and Girl Were Playing With Revolvers Goldberg, 18 years old, today con fessed to- police that he had “ac dentally” shot and killed Anna Har- ris, 16-year-old Brooklyn high school honor student, at her home last night. Goldberg, who lived next door, was arrested last night after | he had told conflicting stories of his| movements, He was questioned all night by police and early today he told Cap- New Highway Commission Officials Gov, A. G. Sortie H.C, Frahm ni shley of Mountra: poinitive wreaibertiip onthe cont nor | secretary n and {and J. Jd. krmatin, Ca M a Financial M. Sorlie, Moe and Ashley. r of t was appointed secret 274 Killed By Quake in Japan Tokyo, March inister Hamag —(P)—Home buildings in the affect were wholly or pa troyed in the recent carth- 00: persons were killed, t of the ire population, loss is estimated by Hamaguichi, at more than 100,000,000 yen. COMMISSION NAMES JUDGES | Registration ~ Day s p OF BLECTION: Will | March 22 and 29—City Elec- Ap judge tion to Be April 5 of inspectors and es for the city election April 5 ppointment {was the major accomplishment of the| y commission at its regular meet- ling Monday jing places will be open on Tucsday New York, March 15.—()—Walter | March 22, und Tuesday, March 29, for registration purpose will the or have moved from one precinct | anot! the where |March 22 or March 29 and regi ort The ight. The various poll- and th be on Tuesday, April 5. rson who have moved into the ‘city since } r, general election last Novemb » must call at "the de on her since that tin polling they place in now res precine eithe: hey will not be eligible to v following officials wer tain’ John V. Ryan that he had kill-, selected: ed the girl. } According to Captain Ryan and! Inspector Jehn J. Sullivan, the youta arose immediately in his cell, after a volley of questions had been fired at him, and said: | “I can't stand it any longer. I'll) tell everything. I did it. But it} was accidental. Anna and I were; alone in the house. When I came in| I got two guns that I found three | weeks ago and hid in a bed in her; home. T held the .38 calibre revol-| ver and she took the .32. We point- ed them at each other and before I! knew it my revolver exploded. “Anna grabbed her left side, fell against a chair and then to the floor. I became frightened. I grabbed the} gun from Anna’s hand and ran from! the house. I threw the guns under the porch of u private house. That's all. Police found the weapons where he said he had thrown them. King Albert Has Influenza Attack Brussels, March Albert of the Belgians, is suffering | from a mild attack of influenza. He} has been ordered by the attending | physician to remain in his room at | thé palace. PION b | 15—)—King MERCHANT DIES Voting booths at | schos In Voting booths at Col. C. First Ward, First Precine William ol. spector-—Rulph Penner, ouis Larson a d Mrs. El Fiest ‘Ward, Second Precinct B. Little’ garage. In; Judges—L. G. spector—H, P. Goddard, Crawford and E. Sperry. Second Ward, First Precinct Voting booths at Will school In: Judges—l, spector-—H. L. Reade. H. Loehrke. Second W: Voting boot In Judges—G. 6. ard, Second Precinct the at swimming pool. spector;—J. N. Roherty. Beithon and Claire Derby. Voting booths at In; Bart! Voting booths at Richholt school. In: Judges—R. L. Melville and B. M.| | Beers. ‘Third Ward, First Precinct high school. spector——Harold Griffith. iges—Fred Hanson Thied Ward, Second Precinct spector—Carl Kozitsky. Fourth Ward Voting booths¢at Wachter school. In Judges — Joe | Aller. Voting booths at community rest spector—N, F. Julius. Brown and Pete Fifth W Ryder—O. J. Bye, pioneer merdhant | room. | of the district, died at his home here early Thursday morning. Tle de-| Judges-—B, F. spector—Jos. Kohler. . Flanagan ahd Gilber ceased was about 58 years of age and | Haugen. was born at Hickson, N. D. He owned | a chain of stores, located at Ryder, | Makoti and Van Hook. | American women now buy’ as| many silk hose in one day as they | bought in » whole year a quarter of} a century Et Sam | Sixth Ward, First Precinct Votine booths at fire hall. In: Judges—E. H. Pierce and 8, S. spector——George Haugen. Clifford. Sixth Ward, Second Precinct Voting booths at St. Mary’s school, (Continued on page three) H. ¢ sion, Was appointed chie Be voting Moore j Hj Evarts and A. A. and J. J. w passed by the I il county was gi sion, wh Frahm, jast legislative ses- en the second ap- h now consists of Gover- former state engineer and highway engineer, he North Dakota Highway Bulletin, ary of the commission. ‘TWO CHILDREN "LOSE LIVES IN OREGON STORM in Serious Condition From Severe Exposure Lakeview, Cr 1 {Driven from {threat of s , March 15.—%) barren home by the were frozen to death nea the storm: of the mot e rescu! mother here and ull but taken the lives nd a third child when them late last night. D. M. Amburger, ountains lust h of food while her Lakeview, Shortly after they terrific blizaurd broke ov and mother stood between ‘her’ children. and storm. When the posse arrived, the two older children, 10 and 5 years old, were dead. The mother — was frozen to the knees and the third child was in a critical condition from hunger and exposure, They had been in the storm 36 hours. Lost d Husband Is Arrested Amburger later taken into tody pending investigation. He ontradicted the story of his wife about their need for food, saying there had been plenty to in the ci Members of the posse who ie shack found n food. 1 still in the place. er said he returned home it! from Lakeview Saturday night. He ti} did not report the absence of his T} family until Sunday night, when a posse was formed quickly. { Mrs. Amburger, who is about to ©{ become a mpther for the fourth time, was in critical condition in a hos- j pital here. Governor Names Mayor Bratsberg Ss Appointment of A. J. H. Bratsberg, | mayor of Minot, asa member of his staff was announced today bj ernor A. G. Sorlie. The appointment in_the national guards, The executive also issued certifi- cates of appointment to Gilbert Sem- ingson, reappointed as state bank ex- aminer, and to Albert Waddington, reappointed state coal mine inspec- e;tor. The latter appointments were confirmed by the state senate short: | y before the legislatpre adjourned. Two Injured and Home Wrecked in ~-The home of Mrs, r were asleep early this morning. Ignacio Judias, four, was beli: to have been fatally ternal injuries. Mrs. burned slightly. FARMER DIES t died Monday at his home. The de- which he never fully recovered, Mother and Third Child Are, as Staff Member, s the rank of honorary colonel | Bomb Explosion) San Antonio, Tex., March 15.—(#) | Pabla Judias | was wrecked and her two sons were injured severely when a bomb ex- ploded under the room in which they ed injured while his brother, Adolfo, 21, received in- Judias was) ' Washburn—Knut Nelson, 64, farm- er of the Turtle Lake community, censed, a resident of the county for the past 25 years, suffered a stroke of paralysis three years ago from THE BISMARCK TRIBUNE [avon | PRICE FIVE CENTS RAY ASHLEY OF ‘MOUNTRAIL 00. I$ NEW MEMBER 1. J. Moe of Valley City Reap- pointed—Gov. Sorlie Third Member of Board | FRAHM CHIEF ENGINEER J. J. Ermatinger, Editor of Highway Bulletin, Named Commission Secretary Reorganization of the state high- | way commission, under the sions of the law passed at the recent j lemislative sexsion, was effected here oday. 1. J. Moe, Valley Gity, one of the retiring commissioners, Wag reap, | pointed to serve a four-year term and- | Ray S. Ashley, a Mountrail county commissioner, tvas appointed to take the place of Herman Hardt, Napo- | leon. The new law provides for a com- mission of the ‘governor and. fwo men to be appointed by him. The ap- pointed ‘commissioners will serve four-year terms but are removable ear term for Ashley was made necessary to put the law into | effect. H. C. Frahm, present state en- gineer, was appointed chief highw engineer at a salary of $4,000 a year. His former salary was $3,500 of hich $2600 was for services as f engineer and $1,000 for services ex-officio secretary of the high- cA J. Ermatinger, who has been editor of the North Dakota Highway Bulletin for the past two years, was appointed secretary at a lary of $3,000, the limit provided under the new statute. He had been receiving $2,500 in his former capacity. No Attempt to Block Move Contrary to expectation no obje tion was made to the reorganization of the board under the new law. J. | A. Kitchen, commissioner of agricul- ture and labor, who was an ex-officio member of the commission under the j old law, attended the meeting. | He raised ‘the question as to whether or not the emergency clause attached to the new law was legally there and was assured by Governor A. G. Sorlie that he expected to pro- ceed on the assumption that. the. emorgene civase had been legally, | receding pissed. The minutes of the meeting were upproved ‘and. tie cone ecutive suggested that a motion to adjourn the old board sine die would be_ in order. Kitchen offered the motion pre- facing it with a statement in which he said that he believed that the emergency clause had been errone- ously decla arried and had ap- peared on the bill as presented to the governor through a mistake of the legislative clerical fore His statement expressed his willingness to continue with his duties as a high- way commissioner. It was made a matter of record. Kitchen and Hardt left the meet- ing as soon as the resolution making the old board a matter of history was passed. Kitchen said later: that he would not bring a court action to challenge the validity of the emer- gency clause in the new law and that he would content himself with hi: statement appearing on the com sion’s records, A possibility wag said to exist, however, that the change at this time may be challenged when bills and payrolls approved by the new com- jh reach the state auditor's of- | May Ask Legal Opinion It was indicated that State Auditor John Steen probably would ask the attorney general for an opinion as to his right to pay out money on.the warrant of the new commission. This would raise the question of the val- y of the emergency clause direct- iy and probably would result in a court ‘decision, provided that the torney general's advice was to the effect that the reorganization at this time was illegal. | The attorney general previously | has indicated that he believes the emergency clause on the reorganiza- tion bill was lost and that the act would not be legally effective until July 1. + No appointment of a state en- ;gineer was made today. The new | law separates the posts of chief high- way engineer and state engineer and a man will be named to take over the | duties of the latter officg. Governor | Sorlie indicated that such action will be takep later this week or next week. Ashiey Is County Commissioner Ashley, the new member of the .commission, has been a member of the Mountrail county board of com- missioners for the last. three years and has taken an active interest in road-| ee in his home commun- ity. He will resign from the Moun- | trail county board in the near fu- \ture, he said. He is 42 years old | and ‘operates a farm near Plaza, the | home town of Lieutenant Governor Walter Maddock. | “The commis considered appli- cations from various counties for | toad improvements this morning and will meet again this afternoon to consider award of contracts for ma- chinery to be used this summer by the maintenance division of the high- way ent. MINOT’S REQUEST FOR PAVING IS REFUSED Refusal to grant state aid for the construction ‘of half a mile of pav- ing from the Minot city limits to the Minot fair grounds was the first act of the reorganized state highway commission toda} * Members of the oamimalehlen a the Minot proposal deserving. aid but to set a precedent the stats to opend its money on, pars ing projects. - The commission to re-om- _ Teale i tlie te Ceara or aoe as