The Bismarck Tribune Newspaper, December 15, 1928, Page 8

PAGE EIGHT WILL UNRAVEL COFFEY APPEAL NEXT TUESDAY! By Qualifying for Judgeship || McFarland Put Incumbent’s Attack Under Handicap COURT’S POWER DISPUTED Issue Is Whether District Tri-| bunal Can Act Under Gen- eral Authority Decision in the action of Judge J A. Coffey, challenging the right title of R. G. McFarland to tal over the judgeship of the fourth| district court, January 7, will be made Tuesday by Judge Thomas H. | Pugh, Dickinson, who sat in the} court here, today and heard argu-| ments. In effect the wuthority of the court to act has been challenged by | the counsel for McFarland. John| Jamestown, the ‘arland is in pos- ite of election there is nothing left for the court to act on. This is due to the original com- plaint asking for an injunction on the governor and secretary of state, restraining them from issuing the certificate of election to McFarland. M. C. Freerks, Jamestown, of coun- sel for Judge Coffey, admitted this dilemma in his presentation of the Coffey argument to court. Plaintiff Admits Dilemma “They beat us to it,” he said. “I assume the court is not interested in @ horse race.” Freerks went on to argue that there still remained a case for ace, tion. He said the court had author- ity under its general powers. He said Judge Coffey was not there in ity, and there was a good deal of argument handling the case in an equity sense. In fact, that became the issue as the argument proceeded. The contention of Counsel Freerks ‘was that the court had the author- ity to exercise its inherent power to preserve its sovereignty and to stay and restrain any ultimate intrusion of its orderly processes. Also it had the authority of the corrupt prac- tices act to conduct investigation. Foresee Count Muddle Edward Cox, Bismarck, who with J.-M. Hanley, of Mandan, joined Counsel Kreerks as associate counsel when the preceedings opened, pic- tured this possible intrusion. He assumed that it might ensue that both claimants to the judgship— Judge Coffey claiming continuing authority till his successor is pro} erly qualified, and McFarland ex cising the authority of his certifi. cate and oath—might sit in various places in the district and deliver de- cisions and opinions the validity of some of which would eventually be swept away when the giver’s eligi- bility were ended by an adverse cision on his possession of office. That the court had general author- ity was insisted by Coffey counsel in citation of the Miller vs. Miller case, in which the right of appointed commissioners in a new county was tried by the supreme court. This case was held somewhat analogous. It was cited to show that it was pos- sible to use the equitable arm of the court to preserve a status quo with validity, though the action may not assume the actual fact of a court of equity. State Officials Let Out The argument also was made that if the court denies its authority to act, the merits of the charges that Coffey was defeated by corrupt deals with the Nonpartisan league and with Joe Coghlana, withdrawing candidate for judge, and James Bothne, court reporter who went over to McFarland from the employ of Coffey, might never be tested. The only other course Judge Coffey could take would be attempt to have McFarland impeached by the legis- lature. Governor Maddock and Robert Byrne, secretary of state, contented themselves by sending Charles Si- mons, assistant attorney general, to the hearing. Simons said filing the election returns was all the action he desired to take for the two state officials. Judge Pugh then dismissed that part of the temporary enjoining order that affected the governor and 8 of state. The nature of the Coffey charges against McFarland were stated to court by Counsel Freeks. They were that McFarland had bought off Joe Coghlan, one of the primary judicial nominees, with $1,000, to re- tire from the campaign for election and throw his influence to McFar- land had lured Robert Bothne from his services as court reporter and By pe sersenny. to sage. Coffey Feoviess of appointing him to a similar position under himself if elected, and had then availed him- self of Coffey secrets Bothne had acquired in his confidential relations spit the Aga ne: McFarland campaign expense limit of $600 which the law allows a 1 candida’ ite, All of: the allegations were cited as is of the corrupt ti jee er 1913. pt practices China Will Restrict : Burial Mound Custom Dec. 15.—(AP)—The in| will be able to keep pace with the ese pictures tell the story of ; years. The remarkable photo- graph at the top shows a flock of army and navy planes darkening the heavens over San Diego, Calif. | during recent maneuvers there. Be- low is the official War Department photo of the first airplane flight ever made by man—Wilbur Wright taking off at Kitty Hawk, N. C., in the original Wright airplane on Dec 17, 1903. The arrow points Wright, lying flat on the lower wing. The machine was projected from a runway by a catapult and flew only 120 feet—but man had flown at last! THE BISMARCK TRIBUNE STH ANNIVERSARY OF MAN'S FIRST FLIGHT FINDS NATION ON THE WING BRINGING WRIGHT'S DREAM OF AVIATION TRUE . ._|commercial air lines, 108 cities Giant Infant Among Industries} served by regularly scheduled 4 . flights, with two-thirds of the ni Monday Pays Tribute to | tion's population in the area served! First Hop | ‘The financiers find that Americ j after all, has not lagged in the ai ‘that its planes in 1927 flew 6,000,000 The continent has been crossed | transport miles as against 5,500,000 by an airplane in less than 19 hours.| miles for Germany, 3,500,000 for The Atlantic and Pacific have | France, and 2,000,000 miles for Eng- been hopped, the North Pole circled, | land. And foreign countries pay the Pacific Ocean flown from San | subsidies. Francisco to Australia, the known | ; Ldibenaiees x world explored. Despite all the development, avi- Soon the last uncharted area of | ation in the United States is still the earth—the grim Antarctic con-| only a lusty infant. tinent—will yield to the prying eyes| Very soon great tri-motored trans- of daring men roaring high above! port planes, carrying 14 passengers, it in throbbing plane: | two pilots, and a cabin steward, their Man has flown 278 miles an hour | baggage and a ton of mail and ex-| S$ —more than four and one-half miles | press, will start regular daily service a minute; soared to 38,418 feet—| between New York and Chicago. seven and one-quarter mil Even now, great air liners of Be the earth; remained aloft 65 hours ing Air Transport Company ai 25 minutes, almost three days. speeding passengers through the air is in the 25 short years' from Chicago to San Francisco. ‘ight brothers, Orville| Other networks of air lines reach and Wilbur, first demonstrated hu-| past the Mexican and Canadian bor- man flight in a heavier-than-air ma- | ders. chine on Dec. 17, 1903. | Soon other air lines will whirl oe A passengers down the Atlantic coast The giant infant among industries and across the Florida straits to is celebrating this month the 25th | Cuba; even along the curving line of anniversary of that flight. |the A tilles to Panama and South Aviation leaders from the four) America. corners of the earth will pay tribute | to the surviving brother of the two| Great rail systems already have en who made history on the hard/ visioned the things this new vehicle Sand dunes at C.,| of commerce is destined to do and that winter day have bound it to themselves, On_ Dee, ‘ontinental Air Transport | that first flight in a flimsy thing of | Company, a merging of activities bamboo and wire, they will gather at) of the Pennsylvania railroad, Na- Kitty Hawk to honor Orville Wright, | tional Air Transport, Curtiss Aero: the Dayton, O., engineer, who helped | plane and Motor Company and more than any other man to give the | sociated banking interests, will world a new and amazingly fast | gin transcontinental rail and air means of transportation. | passenger service early in 1929. With them will be American lead-| The Pennsylvania calls it harness- ers of the industry, Wright, Colonel |ing the airplane to the iron horse Charles A. Lindbergh, the other men | and plans an air-rail ‘service. who have helped to write America’s | The New York Central, its rival, name in the skies. |begins routing its rush passengers o * {by universal Air Lines planes. The airplane as a vehicle of com-| Universal merges Robertson Air- merce is a thing of very recent de- | craft Company and the plane manu- velopment, | facturing business of Anthony G. H. It demonstrated its worth as a| Fokker, the great Dutch builder, and weapon in the World War, but it|plans great luxurious ships carty- was not until 1927 that Lindbergh’s | ing 32 passengers on day trips and. spectacular hop to Paris first opened | with 16 berths for night flights. the world’s eyes to its commercial; Other bankers step into the Boe- value. ing Company which operates the In Europe passenger lines had | longest single air li.e in the world— grown in popularity under the spur/the Chicago-San Francisco airmail, of government subsidy and the ever-| express and passenger line, and plan present urge to build up a new arm/|to extend its operations to New of defense for their borders. | York, thus forging a transconti- And Americans had looked across | nental route under one control. the Atlantic and wondered why their —_— nation was falling behind. Ireland Bars Liquor from Historic Tara Was America to lag in the air? Men pondered that question. And then a blond youth leaped out of the unknown across the sea and : America joyously, almost over night, | Dublin, Dec. 15.—(AP)—The Free took to the air. State authorities refused to license The nation became air-conscious|# drinking saloon on the hill at almost in a day. Tara, Ireland’s most historic spot. * Tara draws hundreds of tourists annually and there is no public house in the vicinity where alcoholic bever- ages are sold, A local citizen saw an opportunity for enterprise and applied for a license. The court re- fused on the ground that visitors to Tara wanted to view the scenes of olden glories and are not concerned with stout or whisky. eee ** Aviation, which had fought for years to live despite public neglect, suddenly began to feel the throb of new life. Plane and engine factories strained to meet the call. The little band of men who fly plunged into the task of equipping the nation with wings. The boom is only. beginning. Air- plane manufacturers are grudgingly promising deliveries months after orders. Engine builders are swamped with demands from an industry which | State bar Board of the has grown tremendously in 18| Dakota will conduct a months. Manufacturers are rushing the building of additions and wondering whether even these enlarged plants NOTICE OF STATE eof North © bar .cx- exam- ion to te, commencin; jock A.M. on the 8th da) 1929, at Bismarck, t fice Slowing: named have filed no= lee of Intention to participate in such examination, viz: . of plicants seeknig adm orders pouring in, Financiers are plunging into the EXAMINA-| TION Notice is hereby given that the| STATE SCHOOL CLOSES TODAY Spread of Influenza Prompts Mayville Normal to Suspend Classes Mayville, N. D., Dec. 15.—(AP)— Decision to close the Mayville Nor- school on account of the spread of influenza was reached by C. C. ‘in, president, and a group of faculty officials, conferring thi morning after a telephone conve! tion with R. B. Murphy, chairman of] the statée board of administratio! Although cases of the not numerous, it was thought this action would prevent further spread. Four days school will be lost as a result of the closing and the fall term graduation scheduled for Thursday has been cancelled. School reopens Jan, 2. Italian Calls Verdi as Good as Beethoven Paris, Dec. 15.— (AP) — Pietro Mascagni, author.of “Cavaleria Rus- ticana,”. calls. Verdi the greatest composer the world has ever known. “Verdi’s simplicity, the sponta- neous melody of his works,” sa: Mascagni, “make him the master of modern Italian music. I believe there has never existed a greater He rated famous com- posers this order: Verdi, Bee- thoven,: Liszt and Wagner. Zeppelin Mail Stamp Is Precious in Paris Paris, Dec. 15.— (AP) —French stamp-collectors have pushed up to a high premium the Count-Zeppelin stamps and envelopes addressed: by Americans to friends in France. There. .are. mapposed to be fewer. than a thousand of these envelopes all told in France and many of the owners don’t wish to part with their. historic ‘souvenirs oft the Zep- pelin’s return flight. to Europe. “FLU” Health Is Within You The. Nerves Are the | Guardian of Health _ Causes Ills Often the spinal column | becomes misaligned which | results in a rundown and weak condition. We remove this pressure Manipulation giving you mani jmoetiate and rre- |B. K. Kilbow ENGINEERS OUT OF COLLEGE IN GREAT DEMAND 26 Seniors Graduating from U Last Spring Are Placed in’ Positions Grand Forks, N. D., Dec. 15.— members of the Engineering faculty at the University of North Dakota concern themselves little with the complaint that too many people are going away to college. They worry about securing enough capable men to fill applications for work filed with them by large en- gineering companies throughout America and the World. They con- tend that there is always a place for a college trained engineer, and to prove their assertion they placed everyone of the 26 members of last year’s graduating class. é One senior student went to China, Another got a call from South Amer- ica, Western Electric, General Elec- tric, Westinghouse, and Allis Chal- mers employed the bulk of them, while some of the Civil Engineers secured jobs with cities in the state, or with companies constructing bridges, paving or the like. “The scheme of placing our gradu- ating class is quite simple,” ex- plains A. W. Preston, head of the shops at the school. “We keep in contact with large concerns such as electrical or indus- trial companies who constantly are in need of trained help. They send us letters outlining work which the new man will have to do. We look over our list of senior students, weigh their qualifications with the demands, and allow him to get in touch with the company seeking help. He is interviewed, possibly, and very frequently gets the position.” Further contact with the college and the large industrial companies of America are provided when each summer some of them secure faculty men from engineering colleges to work in theér plants, The men em- ployed get an insight into the work- ing of the company, obtain a view- point as to what the concern ex- pects of the employe, and at the same time add to their own knowl- dge, Preston points out. He worked Undersea Radio Has Been Found Possible Cherbourg, Dec. 15.—(AP)—Sub- marines will be able to communicate with each other by wireless while under water by means of apparatus new being tested here. Communica- tion beneath the surface has been made and maintained between two submarines a mile and three quar- ters apart. LOS ANGELES IS MIDGET BESIDE LATE CRUISERS Mammoth New Air Cruisers Built for U. S. Navy Dwarf First Ship From specifications and plans of the proposed rigid airships to be built by the Goodyear company for the U. S, navy, these largest of Zeppelins will be as safe as any vessel on land or sea. Compared with the present Los Angeles, the ZRS-4 and ZRS-5, as they are called, will be between two and three times as large and as powerful. Their fied volume will be 6,500,000 cubic feet as against the 2,470,000 of the Los Angeles. Their eight engines will develop a total of 4480 horsepower at a maximum speed of 72.8 knots, as against the five engines of the Los Angeles, developing 2000 horse- power at a high speed of 63.5 knots. The new ships will have a gross lift of 403,000 pounds, with a useful lift of 182,000 pounds, while the Los Angeles has a gross lift of 153,000 pounds and a useful lift of only 60,- 000 pounds. Fuel for 9180 Miles Most remarkable is the cruising range of the new ships. At 50 knots an hour, the new dirigibles will be able to go 9180 nautical miles wit! out refueling. This compares wi only 3150 miles as the longest dis- tance for the Los Angeles. The ship will be built so three jets will ‘extend throughout its length, making every part of it cessible during flight. Motors will be built inside the hull, reducing air resistance and increasing safety for the engineers. this past summer at the .Chicago pl of Western Electric. _ “And,” he declares, following his experience, “there is always a pay- ing job for a well trained engineer.” Kilbourne to Head Cass Medical Body. Dec, 15.—(AP)—Dr. , Fargo health offi- cer, named president of the Cass county medical society at the annual meeting Friday. Fargo, N. An important feature of the mo- tors will be the twisting propellers, so that they may be turned into a horizontal ition and so help the ship upwat ore easily. Carry Five Planes Since these ships will be airplane carriers, provision has been made to lift the planes through large doors jn the bottom of the ship. Five ng lanes can be housed with- in the hull. Like the Los Angeles, the new dirigibles will have duralumin skele- tons of longitudinal and transverse construction, with steel wire bracing. ‘ BRILLIANT’ say musical critics “Xerge ie sdteance of ny echoes snconcion iepi- Hiatt poate has Spartoa of its the entire radio world. Hear by all means. yer ee ee ~ BISMARCK ACCESSORY & TIRE CO. Ludvig Quanrud, Prop. Phone 944 SPARTON RADIO “The Pathfinder of the Air” . BISMARCK, NORTH DAKOTA The helium gas used to lift the ship will be in 11 separate gas-tight com- partments. As‘a result of this construction, the builders say, the new ships will be able to stand twice as severe a storm ‘or squall as the Los Angeles could encounter. Pioneer of 1875 Is in Hospital Here Henry Crawford, an 1875 pioneer of Burleigh county, who in the old days used to cut wood on Sibley island and later freighted out of Bismarck, is in St. Alexius hospital, seriously ill. Word from the hos- ital, today, was that he had a fair- ly good night but was still in a seri- ous condition, Crawford is the father of H. W. Crawford, guard at the state train- ing school. When .he came here, Bismarck consisted of two log cabins, the only substantial struc- tures on the townsite, he says. 3 His wood cutting on the island supplied river steamboats with fuel. Daily he walked back and forth over Battery recharging, repairing and servicing: Antomobile starting, lighiting‘and ignition. 214-214 1-2 Main Ave. Phone 332 Bismarck, N. D. \ \e When You Want >> ‘Tire Service - % BISMARCK ® ACCESSORY & TIRE COMPANY Change Tires Berra Anrwee tae the seven miles between the village and the scene of labor. ing in which he e1 tween Bismarck and Later he engaged in farming, and, after ret! from that has been making his CONTROVERSY REOPENED Washington, Dec, 15.—(AP) — A reoperting of the controversy ovg day by tne: Pittgburgh. coal operas ry e gh coal opera- tors’ lake rate committee, which flied a protest with the interstate com- merce commission against the com- romise rate adjustment which has m arranged to become effective Jan. 1, SHADES N .. FLANNEL LOUNGING . ROBES IF IT’S NEW WE HAVE IT BERGESON’S Open Evenings AUDITORIUM WEDNESDAY, DEC. 26TH GIVE “HIT THE DECK” TICKETS AS CHRISTMAS armas : GIFTS — VINCENT YOUMANS mes The Internationa! Musical Comedy LOWER FLOOR AND BOXES... 1ST 2 ROWS BALCONY...... NEXT 3.ROWS BALCONY. LAST 4 ROWS BALCONY .. —TO— THE BISMARCK TRIBUNE *. Bismarck, North Dakota Enclosed is $_.__* for which please enter to go to the following address (or addresses) : SUBSCRIPTION PRICES* /’ WEEKLY BY MAIL s ‘The freight- was be- jome south of the city. ia: Ce aes Philippe J.,; Bottineau’ | Dolesal, Alfred B., Lidgerwood, N, Johnnon, ‘Alsore i Nene Ber se: an. Tilford Owen, is Consult 1 Year (in N. Dak.) —-$1.00 DR. R. 8S. ENGE 1 Year (Outside of N. Dak.) .. 1.50 ek i vot 8 Years (in N, Dak.) 2.50 i Chiropractor DAILY BY CARRIER IN CITY new indust id i li ee ay and pouring millions recal tic days of con- solidation in the infant Tailrosd a see ns, Edward B., The nation is webbed with a net-|'. any objections to the work of , express and passen-| of any o! the above in said examina- lines. Sturdy planes are flying ob on R paveonueny admissio: in these services 40,654: [should be filed with the ‘andorsigne ite aon Se ooo, (i | § BISMARCK TRIBUNE Carringtva, participation mf