The Bismarck Tribune Newspaper, April 10, 1928, Page 8

i i Ht PAGE EIGHT Tir BISMARCK TRIBUNE ‘EXCELLENTLY SELECTED CAST GIVES PRESIDENT IS FINE PRESENTATION OF ‘BROADWAY’ NOT SATISFIED WITH FARM BILL Nething Has Occurred to Make Equalization Fee Accept- able to Him ARE RECEDING Loss of Six Lives Attributed to ‘ Fleeds and Property Dam- age Is Large | | Flool! c, Ontaria, e recedin tled di | Some suburbs of Mo re! still under w ice jam in the which caused up aud) spread out over the lowlands, buat] condition: re improving. A mothe fant gon drowned len waters a creek height o: rescued a tempted t The bodies of two trainmen of he (: n National railway ex- plunged through a bridge at Drum- have been recov- eretl. Two other when their wagon was wept off a men were drowned} bridge over the Chaudiere river) near St. Lambert, Que. Railway service was near normal again with large gangs of workmen replacing tr: wept away by the high waters. Several washouts ov- curred on es of the Canadian} National Ne Bruns- wick, but tempo: tr were expected to be laid before nightfail. Aged Missionary Dies in Oregon Pendleton, Ore. —The Rev. Jose; Jesuit missiona Gonzaga university, who for years was the trusted emissary 0! Indians and white men of the north- west died here yesterday. _ | Continuing in active service since his arrival in the northwest during the Civil wi Father Cataldo was/| honored at a diamond jubilee fete last month. He received c lations from Pope Piu Coolidge and many oth nd of Sicily March 27, . mitted to the Jesuit order in 1 and remained at Palmero until forced to flee by Garibaldi, the Italian revolutionist. After being admi to the priest-| hood at Liege, Begium, he came to America and prepared for mission- ary work among the Indians at Bos- ton. April 10.—(AP) Cataldo, aged and founder of Oily Water Is Coming | From Glenfield Well ww of oily water came | 1 Dakota Development lenficld, on the county tien received here. Oil men for the time believed a “gusher” was being brought in, but the volume of water continued strong and, until rkmen succeed- ed in shutting off the water, the company will not know whether there is oil in commercial quantities. The Centra! Development com- pany_is composed entirely of Griggs and Foster county people who have retained Tharp Brothers of Des Moines, Iowa, to do drilling. Women Face Defeat in Fight Plans London, April 10.—(AP)—Two women flying rivals today appar- ently faced defeat in attempts to make flights between London ani Capetown, South Africa. An exchange telegraph dispatch from Capetown said that Lady Mary Bailey, en route to Capetown, had crashed while attempting to land at Tabora, Tanganyik3. Her plane was badly wrecked, but she escaped injury. A Cairo dispatch to the Daily Mail seid that Lady Heath, the former Mrs. Elliott Lynn, flying rival to Lady Bailey, had been prevented from continuing her flight to Lon- don from Capetown by British au- thorities. Her piane was locked in the army shed at Heliopolis Airdrome, five miles from Cairo, and she was re- fused permission to fly over the Mediterranean unaccompanied. No escort was available. MODERATE QUAKE RECORDED St. Socwcaed bres) 10.—@)—An jedy are balance: L00D WATERS | | Stream’s acting in defense of her | The condition of rye was 79.3 per jcent, the average condition for the |last ten years on April 1. » April 10.—j|was a decrease in condition from Grig} and Foster y before 10 o'clock | ccording to informa- Audience Given Peep Into Night Life of New York’s Underworld — Unvarnished Realism of Life in Shadows of Great White Way BY MARJORIE BROCKMAN A peep into the night life of ti. “roaring forties” and the liv of the night club—“Br ye Jed Harris production of tha played evening at the auditorium to an audience who t ts the pro- s throu star enter- nd detectives ep nimble > unvar- s which are of the great lls of the in the and com- scale of melodrar a whe life. Hooper L. Atchel S Crandall, e a finished endo of his ac led from the noncha hunte the monarch to the sapped of nerve, was a | jn » hoof, er, Roy Lane. He was typical of he millions of small time ent tainers who are pa sincerity and hopele: Cramer won applau: Corn, the detective. His slow specei: and enigmatic smile were assets to his characterization. Claire Nolte played and looked mage) the part of “Billie” Moore with a/c piquant charm which won her au-/} dience. Miss Nolte has attract mann ns and a pleasing Dee Loretta, the prima donna grown obese, spoke comedy lines! which hit home. ™ Loretia’s performance was one of the best in the show, Outstanding among the chorus} girls were Rosita Kyle as Ruby, Justina Hart playing Mazie Smith, and Eloise Stream as Pearl. Miss man, “Scar” Edwards, was nothing short of artistic. Morris Ankrum as “Scar” Ed-| wards appeared for one brief scene,; one of the finest bits of acting in| the production. Maurice H. Black} did good work as the night club proprietor compromised by the great god, Business. Samuel Levine} played the waiter, displaying clever pantomime which was splendid con- trast to the parts governed by blasej lines. Louis Haines as “Porky” Thompson furnished good comedy. The setting was confined to the private party room of a night club. The plot of the play, however, car- ried the audience into the gaiety of | the main salon, into the dingy al-| leys where dead men were flung! “to tell no tales,” into the “roaring forties” where love and hate, trag- edy and comedy rub shoulders. The; tempo of the show is rapid, the: speech pungent, and the general idea that ‘t'he show must go on.” If at times the speech and conduct grew raucous and noisy, it was none the less “Broadw: Crop Report of U.S. Government; Washington, April #0.—(AP)— | The condition of the winter wheat | crop on April 1, the department of | agriculture announced today was 68.8 per cent of a normal, a decrease of 17.2 points from December 1 last. The winter wheat condition com- pared with 84.5 per cent on April 1 last year, 84.1 two years ago and 81.9 the average condition for last ten years on April 1. There w a decrease in condition from De- cember 1 to April 1 of 17.2 points compared with an average decrease of 2.1 poitns between those dated in the last ten years. cent of a normal, compared with 86.4 per cent a year ago, 80.2 per cent two years ago and 85.8 per December 1 to April 1 of 10.0 points, as compared with an average de. |crease of 1.9 points between those jdates in the last ten years, The condition of winter wheat in |the north central states, the prin- (cipal wheat producing section, was 62.3 per cent of a normal on April 1 as compared with 82.5 per cent last April and 80.8 per cent, the ten year April 1 average. |Miller to Soon Start New York, April 10.—(AP)— but a few days of liberty ahead of him before he must start servinz an 18-month sentence in Atlanta penitentiary. He was convicted on charges of conspiring to defraud the govern- ment of his honest and unbiased services in returning $7,000,000 in Property of the American Metai company, seized during the war, to a Swiss corporation. The supreme court of the United States yester- day upheld the conviction in refus- ing to review the case on his ap- peal. Two or three days must elapse before the United States marshal can take Colonel Miller into cus- tody, United States Attorney Charles H. Tuttle said. The district court here, where he was tried and convicted, must wait the arrival of formal papers from Washington be- fore authorizing carrying out of the sentence. Washington, April _10.—1. Senate investigation of the affai of the Continental Trading company will be resumed next Tuesday by the Teapot Dome committee with of moderate intensity, 860 miles from St. Louis, was today on the St. Louis un- ph. The first 25 a. and Thomas W. Miller, former alien |b voice. There | 18-month Prison Term: Colonel Thomas W. Miller, former) alien property custodian, today had} TO RESUME HEARING TUES-| DAY | ?—_____—_______4 He’d Race Prince } Waeheainits 'LUNDQUIST IS NOMINATED FOR REAPPOINTMENT President Coolidge Today Names Local Postmaster to Succeed Himself Oliver Lundquist, Bismarck post- master for the last four years, was nominated for reappointment by President Coolidge today, according to Associated Press dispatches from Washington. Mr. Lundquist’s present term ex- pires April 15. Coming to Bismarck was made assistant postmaster here in April, 1913, which position he held until he was appointed post- master in April, 1924. Although his jcommission was dated April 15, he] did not take office until May 1 of that year, The nomination for reappoint- ment will now go to the senate for; confirmation. Appointments are for four-year periods. Federal Agents Raid New York Night Club i race—and The contest, if ill be for the benefit of some English charity. Rev. Paul S. Wright Addresses Lions at Club Meeting Monday Rev. Paul S. Wright of the Pres- byterian church was the principal speaker of the Lions club Monday. Rev. Wright gave “A Talk to Busi- ness Men” in which he stressed the value of service clubs for both the community and the individual. Miss Ruth Gordon and Marston Gordon furnished a delightful musi- cal program of piano and saxophone numbers. In anticipation of “Clean- up and Paint-up Week” the follow- ing committee was appointed to rep- resent the Lions club: E. B. Klein, Archie Johnson and J. P. Kelley, Ernest Strauss of Bismarck and Joseph A. Freymann of Dyersville, Iowa, were guests of the Lions Mon- lay. Pharmacy Board Case, Being Argued Today Fargo, ments April 10.—(®)—Argu- are being heard in Cass court by Judge A. to a seat on the state board of pharmacy. Governor Sorlie’s right to appoint Rosoff is challenged by the State Pharmaceutical association on the ground that Rosoff was not recom- mended for the office by the asso- ion as required by law. George Shafer, attorney general, represents the state board, C. L. Young, pharmacy | smarck, state | Pharmaceutical association, and! Tracy Bangs, Grand Forks, Mr. Rosoff, Fruits, Vegetables Would Be Excluded —(AP)—Al fruits and would be excluded from provisions of the pending MecNary-Haugen farm bill under an amendment accepted to- y by the senate without a record | vote. Taking up the numerous pending New York, April 10—(AP)—A night club occupying an entire four- | story brownstone residence in west | 58rd street and surrounded by the | {town houses of many wealthy New Yorkers was raided by federal pro- | hibition agents shortly after mid- night today. Three owners and nine lemployes were arrested. Nearly 150 men and women at-| |tired in evening clothes wer. in the club, known as the European Club, Inc., but were permitted to depart. | The agent: said they seized 15/ cases of liquor, including six cases | of champagne and quantities of cor- dials and wi ° | Decisions of | Supreme Court eis key. State of North Dakota, ex rel John Gammons, Plaintiff and Respon-| dent =V5.- A._G. Sorlie, John Steen, Robert | Byrne, C. A. Fisher, and Gilbert | Semingson, as the State Auditing | Board of the State of North Da-) kota, Defendants and Appellants. In construing a statute of) doubtful meaning the courts will give weight to the practical con- struction placed thereon by those charged with the duty of executing and applying it. This rule is espe- cially applicable when the construc- tion has long prevailed, and the practical construction of the officer or department has received the im- plied approval of the legislature. 2. A general repeal clause pur-} porting to repeal all acts or parts of acts in conflict wtih the act con- taining such provision, ‘in legal ef-| fect, adds nothing to the repealing! force of the statute of which it is a part, and operates merel:; to repeal those acts on the same sub- ject, or parts of such acts, as are clearly in conflict with the new act and then only to the extent of the conflicting provisions. In this case it is held that the appropriation made in the act creat- ing the Industrial Commission of North Dakota (Chap. 151, Laws 1919) did not lapse at the expira- tion of the biennium; but was in- tended by the legislature to be a continuing appropriation, available for the use of the Industrial Com- mission in carrying out the pur- poses of the act until the appropria- tion had been fully expended or re- pealed; and that such appropriation was not repealed by general repeal clauses in the general ap- Propriation bills of 1921 and 1923, In determining the meaning of a particular term in a statute reference will be had to the mean- ing of the words with which it is 5. In the construction of a partic- ular statute or any of its provi- sions, all acts relating to the same purpose will be read in connection with it. This rule applies with peculiar force to statutes passed at the same session of the legislature. 6. The requirement of Section 4, Chap 151, Laws 1919, that “all amendments with spects for rly disposal of these, the senate rapi reaching the point here a final vote on the controyer- sial farm relief legislation was pos- ible. Senator Copeland, Democrat, New York, offered the amendment ding perishable products. He piained he wished fruits and veg- etables particularly to be excepted {from operation of an equalization fee. Other senators asked if this also wouldn't remove apples and potu- toes from the bill. Without ex- pressing a definite opinion, Senator McNary, Republican, Oregon, in chargé of the bill, believes these }would be turned to the series of amendments offered by Senator Mc- j Kellar, Democrat, Tennessee, on be- half of the senators from the cotton producing states. The amendments would strengthen the powers of the advisory councils which would be ;named for each commodity. ACCEPTS NEW POSITION Flasher—C, Conlee, former manager of the Flasher Equity Ex. i change, left recently for ‘Minne olis where he has accepted a posi- tion as field man for the McDonald- Wyman Grain Commission firm. orders, rules, regulations, by-laws and written contracts adopted or authorized by the Industrial Com- mission shall, before becoming ef- fective, be approved by the Gov- ernor as chairman and shall not be in force unless approved and signed by him.” does rot indicate a legis- lative intention to impose upon the Governor the dutv of personally ap- Proving all bills for udministrative expenses of the Commission; or to confer upon him the absolute power to disallow such bills.” (Syllabus of the Court). Appeal from the District Court of Burleigh County, Jansonius, J. Defendants appeal from a judg- ment in a mandamus proceeding. AFFIRMED. Per Curiam Opinion. Langer & Nuchols, Bismarck, N. Dak., Attorneys for Appellants. Geo. F. Shafer, Attorney Ge. 5 and John Thorp, Special Assistant Attorney General, Attorn.vs for Respondent. Mr. Conlee’s headquarters will be in Aberdeen, S. D. SITUATION IS BAD Washington, April 10—(AP)— President Coolidge is of the opinion that the situation affecting Mi sippi flood control is becoming im. | pessibly bac in congres: NOISELESS TOWN Santiago, the way they're going here, this lian town will be one of the quietest spots on earth. Unneces- sary noises, such as sirens on fac- Bre y custodian, and Harry M. lair and Claudius H. Huston, a New Yorker, as the witnesses, FLYERS REACH C/UCUTTA Caleutta, April 10—(AP)—Dieu- donne Costes Toner Late rom long them at Cal- Hanoi, tor.es, music by merry-go-round and the shouts of pasheast Gees A oni must cease o' 8 But nothing is said ‘about | sax The Duke of York, though left- liard Thayer in the it by family. ‘halal eee hae oo —If things keep| in 1912 as postoffice inspector, hy | associated. | subject or having the same general | © Fargo Woman Killed in Texas Auto Crash Fargo, N. D., April 10.—@)—Ida M. Erickson, 42, of Fargo, was in- stantly killed in an auto accident near Lemesa, Texas, Monday, ac- cording to word received here. She was spending the winter with her father in the south, Survivors, in | addition to her father, are a broth- er, A. B. Erickson, Ostrander, Minn., and a sister, Mrs. Frank Johnson, Fargo. FORD HOPES T0 | PUT GARBAGE FIRES T0 USE incinerators May Be Installed at London and Heat Used to Create Steam London, April 10.—(4)—Henry Ford has discovered a London gar- bage dump which has been burning for a thousand years or so and has set himself the task of working out some scheme by which these fires may be utilized. Incinerators may be installed and the heat,used to create steam. if The dump, about 50 acres in area, is near a Ford factory site at Dag- enham, Essex, 15 miles from Lon- lon, “This dump goes back to prehis- toric times, I gather from a visit there,” Mr. Ford said. “Those fires have been burning away, wasted absolutely, there all these centur- es. I would like to se them work- ing for man.” His eyes glistened and apparent- ; all his vacation plans have been forgotten. ‘ ‘ Mr. Ford is greatly interested in England industrially. Speaking of world trade, [inte att with fer- erence to automobiles, he seid for years he had regarded Great Britain as a natural base for supplying Europe and India with motor cars. “I am tremenduously interested in the development of this country,” he said. “Not enough machinery is used, but that is sure to come later. England is the natural base for us for the continent, for Russia, for India. We are already doing quite an amount of business with Russia. TUESDAY, APRIL 10, 1928 SUMMER TOURS FLANNED IN ADVANCE - YIELD MOST PLEASURE, LOWEST COST ! ‘, _ | after that the manner of going, says Now Is the Time For Motor. ae pen ists to Plan Vacation Trip—| “In deciding the destination of the ide First on/tour, the time limit, the sum avail- ee able for vacation expenses, and the Where to Go and Then Ar- purpose to be served — whether the range For Best Manner of |tip_ is to be for sight - seeing, Going | camping, fishing, ountain climbing or lolling on the shore, to acquaint the children ith some of nature’s wonders, or mething else—are the chief factors to be considered,” the nation! motor- away but the opportunity to make it ing body points out. “There are &@ more joyous event, to make it;many places, perhaps, that can be the most successful of its kind, is! made to fit these specifications. In- present now, says a statement issucd | telligent consideration and discrimi- today by national headquarters of nation will enable one to select the the American Automobile associ ich is ideal, the trip whose tion, in which it is pointed out that, te ation will not find everyone the tour that has the advantage of|wishing that some other objective early and thorough planning alw had been chosen. is more successful than that ai i ranged and begun haphazardly. | aq Choose Outstanding Route The motor car owner who already! “There will be several routes, per- has determined that his annual v: haps, to the site that is chosen. One tion will be spent “cn tour” might| Will be distinctly outstanding. It is well go further and de 10 that should be sélected. The what kind of a tour hi of the motor club, of course, take, says the statement. lable in aiding the motorist accompany him? Will it t s and other important aspects ing, sight-seeing, mountain, ance planning. Through such or some other kind of tr cy he can learn in advance what point or points will the | not only road conditions, bat the lead? What will it cost? By care-; Scenic advantages of the various ful advance planning how |routes; the facilities for camping farther can the family’ jalong the route; what it offers in ation for its vacation be 1 2\the way of hotel and lodging facil- These are questions rclat jities; traffic regulations and the annual motor outing that may i like, Ke 3 should be answered far in advance If the trip is to be a camping out- actually starting of the jour ing, the potential traveler should be- . A. A. is convinced as a ¥ 0 ex what he will need in its experience in counseling millions quipment, the statement of persons on questions of motor | 2 He should begin to make wayfaring. hases early and may, to ad- age, learn how to pack them so hey will take the least room in the "scar, it is pointed out. The condition of the car in {ts lation to the service it will be d upon to render also should gin to come in for consideration ng before the journey actually gets i ay, the A. A. A. declares, Washington, April 9.—For many, the annual touring trip is mont Nationwide Recreation “Touring has become the fair weather recreation, statement. “This year, n 44,000,000 people will enjoy journeys of sufficient lengih to call) b them tours. Provision of iliti for this multitude has resulted in the creation of a new and many-sided trip planned in advance in industry. It is an indu: 1 every important detail, planned products range widely in quality,|with the intelligent counsel that is price, and other characteristics, ilable to everyone, is certain to availing oneself of its commodity or} be the best trip the motor car ever service to the best advantage re-/ provided,” the A. A. A. statement quires intelligent forcthought.” concludes. Regardless of the type of trip it} contemplates, the family should be-| gin now to make its definite plan: ; ed into the Atlantic Ocean, it would the A. A. A. declares, The first! fill up all the space between the point to be decided is where to go;! United States and Great Britain. If Australia could be transplant- We sold them nearly 30,000 trac- tors which were all manufactured in the United States. They would have been made in Cork if the Irish had not imposed certain restrictions which so greatly hindered us that the Cork factory never material. ized.” Former Governor of New York Is Dead New York, April 10—(AP)— John Alden Dix, formerly governor of New York, died last night at Harboor Sanitarium, where he had been a patient for three weeks. He was 67 years old. A few days after he entered the hospital a blood transfusion opera- tion was performed. Death was at- trivuted to a heart attack. Goodyear Dealers Will Convene Here Goodyear tire dealers from the territory surrounding Bismarck, approximately 60 in number, will attend a meeting to be held at the Patterson hotel here next Monday night. This will be one of a series of meetings, others being scheduled for various parts of the state. Following the serving of dinner at 6:30, a motion picture just com- pleted by the Goodyear company. will be shown. This portrays con- ditions in the industry. _ : In charge of the meeting will be A. McFarland, manager of the entitled “Ten Points to Progress,” |- ON of the distinctive spring models introduced by Lan- pher. Carefully made from the finest imported fur. Finished by hand. Visit your Lanpher dealer’s, He will show you the hat. You be the judge. Popularly priced at five to ten dollars company’s branch at Fargo. Ar- rangements are being made here by C. J. Blue, local warehouse manag- T The Bismarck territory runs from Dawson on the cast to Miles City on the west, and includes the north and south branches. PRN ines A aE LITTLE JOE | FEDU.GPAT.OFF, QUA Hot meals without work Help the whole family to better health __ Save yourself time and trouble Serve it with hot milk _ + MADE AT NIAGARA FALLS «. DAHL CLOTHING STORE 47 Years in Bismarck Capito! Theatre TONIGHT and WEDNESDAY The story that rang around the world—on the screen at last Performances 7:15&9 Adults 35c, Children 15¢ A. P. Correspondent to Have Assistant in Bismarck Office Minot, N. D., April 10.—@— Steps to enlarge and expedite the handling of state news through the Bismarck Bureau of the Associatec Press, which serves all daily news- papers in the state, were taken at a meeting of the North Dakota Asso- ciated Press association in Minot yesterday. The members of the organization voted to employ an assistant to Kenneth W. Simons, state corre- spondent stationed at Bismarch, which will bring about a more thorough coverage of all events of news interest at the capitol as wel: as to speed up the transmission of stories. Dr. Schneller’s Plea For Clemency Denied Dr. Maximilian Schneller, former- ly of Bismarck, Mott and Wahpeton, N. D., now serving a five-year sen- tence in the Minnesota state prison at Stillwater for forgery, was denied a plea for clemency by the Minne- sota state pardon board Pia ail: according to Associated ss dis- patches from St. Paul. Although sentenced on a forgery charge, counsel for Schneller claimed that he was not guilty of that charge, but had only written checks on banks in which he did not have sufficient funds to cover them. Schneller was ratipaen in Detroit, Mich., after a thrilling escape from a St. Paul hospital where he was receiving treatment pricr to being transferred to the state prison. FIND SUCCESS IN FAR-OFF LANDS , Word comes from Doris Lawson ‘graduate of Dakota Business Col- ege, Fargo) of her promotion to eller, First National Bank, Anchor. ge, Alaska. D. B. C. ACTUAL 3USINESS training (copyrighted— mobtainable elsewhere) carries ome graduates even “‘farther.’ nternational Harvester Co. put ‘Dakotans”” in charge of both heir African and Russian branches. D. B. C. courses bring far reach= ‘ng results. Some 230 officers ire Dakota-trained. low the Succes P? May 1-7. re quick- sr progress in simmer. FL. Watkins, Pres, 806 Front St. Fargo, $1,000, $5,000, $10,000, How Much Do You Want? Why not set a definite od fin oat Plan which, wil ca eeeee= Sin aulortes Soe vestment as little es 96.30 monthly for 120 ‘grows to $1 Larger montnly invest- Established 1894 State Office 0S First Natl. Bank Bidg. Fargo, N. D. NAMB .. 000m: ADDRESS ... BABY CH We are offering for immediate sale, high quality $9.00 per 100. Light assorted $7.00 per 100, These cent live delivery guaranteed. WASECA, MINN. All light breeds $9.00 per 100. All heavy breeds ged od of our large capacity. One dollar down will book your order. One hundred per UNITED CHICKERIES are possible because Chix at 100. Hea’ a ‘