The Bismarck Tribune Newspaper, December 17, 1928, Page 2

North {000 LAW EXPERTS FAVOR REFORMS FOR ERRIGIENT JUSTICE! Specialist Jurists Urged and Privilege of Defendant | Waiving Jury Trial WOULD APPOINT JUDGES’ Majority Verdicts Backed in Referendum of National Economic League | : | North Dakota registered 100 per cent for the establishment of state judicial councils in a referendum uel by the National Economic league on a proposal for an efficient reform in the administration of justice. Mem-/| bers of the national council of the| league voting on the proposals from this city were Isaac P. Baker, Thomas Hall, F. E. McCurdy, P. Quain, | Louis B. Rubin, S. G. Severtson and George F. Will. The referendum reg- istered more than 1000 votes and was} nation-wide. Appointment of judges! rather than electing them was in- corsed, specialist juc'yes are another feature favored and allowing the de- fendant to waive jury trial in a crim- inal case and allow the court to try him are among che proposals ratified ‘as means to speedier, more exact and less expensive administration of jus- tice. 22 Questions Passed on Twenty-two main questions have teen considered. The first relates to the establishment of permanent state judicial councils. The duty of these councils would be to study the vari- cus branches of the law in action, and to make recommendations for their improvement. This proposal is fav- ored by 818 of the members, and op- posed by 100. Seventy per cent of the members are found to fayor an appointment rather than an elective judiciary, and | most of those approving the latter. hold that cisctions should be by means of a separate nonpartisan, nonpolitical ballot. For appointed judges retirement at the age of 70 is generally approved. Unification of the judicial system and specialized branches of the courts with specialist judges in the larger cities are overwhelmingly favored. More than 85 per cent approve the proposal to give trial judges power to sum up the evidence orally, and to comment upon its weight and the credibility of witnesses. A smaller majority is registered for the pro- posal to allow courts of appeal to re- Dakota 100 Per Cent in THE BISMARCK TRIBUNE ih TAIT Favor State J udicial Councils - ] ia aa | SIDE GLANCES - - - - By George Clark. “Aw, go on home, you're always hanging around during business hours.” URGES STATE INSURE ITS BUILDINGS IN FIRE AND TORNADO FUND AS SAVING \ture had not been incorporated in the original law. | ‘The proviso was Placed in the law, he said, to protect the fund but the fund now has grown to a point where it no longer needs this protection and —- | profits will be greater if it is elim- Proposal that the law governing op- | inated. eration of the state fire and tornado’ fund be amended to permit the fund | ® 7 mmney to carry all of the insurance on every | AT THE MOVIES I} public building in the state probably | ® — ———s will be made by the state insurance department at the coming legislative session. Insurance Commissioner of Opinion Reinsurance Is Cost. ing Too Much ELTINGE THEATRE “West of Zanzibar,” in which Lon Chaney brings his strangest gifts of The reason, given in a statement by| bizarre makeup and sinister mystery Insurance Commissioner S. A. Ols-{to the screen, is playing at the El+ ness, is that the fund will build up|tinge today and Tuesday. (clean stories with happy endin; ceive new evidence, to make new findings of facts, and to enter final judgments based on such evidence or! findings. Majority Verdicts Favored faster if the department is permitted | to discontinue the practice of reinsur- ing certain risks with private insur- ance companies. Another reason given by Olsness is that distribution of Set in a surrounding of the African jungle, its dramatic story of a terrible evenge that, like 2 Frankenstein, de- vours its creator, the play has ele- ments never before seen on the DURING FARGO WEEK pert Julian, responsible for many Will Join With Farmers at Agri- screen successes, Su's “piquancy and | vivid personality have developed into | cultural College and Hear Lectures @ perfect medium for creating on the screen the enchanting heroine of “Walking Back.” Richard Walling, too, is an id-~' choice for an iting | characterization, which ranges from | the ludicrous to tragic drama, | Bismarck Movie | Fans Have a Cult Lobby Cage Says Fargo, N. D., Dec. 17.—Business and | farming will be on common ground to {Study agricultural problems of the | Northwest when North Dakota bank- | ers gather at the North Dakota Agri- cultural college for a bankers’ short Places of public service occupied | course, to be held dues pe ately re rt Y da annual Farmers’ Week, Jan. 15-18. sb st in Bismarck ext for daily THe BELKEEE EROML GOULr6s “SOHvenbs observation of the life around them. |for two days, Wednesday and Thurs- Automatically they absorb a mental | day, January 16-17. This is the first reel of impressions as interesting as; short course of its kind to be offered a silver screen film, and the comment | 8t the college, according to W. C. ‘ Palmer, secretary of Farmers’ Week. that they are capable of giving has an | Realizing the * mmpartanes of corn exceptional tang of interest. What /in the development of a greater agri- are the sidelights on the public in | cultural industry, the program com- relation to the movies? Hear: mittee has selected corn breeding as “How many, please’ the opening topic of the two-day Mrs. Alice Meisner, who very much on. J. D. Dickson, nationally resembles a Wampas star herself./ known authority on corn from the asks this question many times a day | Wisconsin College of Agriculture, will from the little glass cage in the lobby be the first speaker. P. J. Olson of of the Eltinge theatre as she passes | the North Dakota Agricultural college out tickets to view the famous satcl- | department of agronomy, will follow lites of the screen. up the talk with a discussion. “Bismarck is a good movie town,” | The third hour of the morning ses- Mrs. Meisner told a Tribune reporter | sion will be devoted to a talk on recently.. “The people are enthusias- | wheat improvement—some results tic. They have their. favorite actors | and an outlook, by L. R. Waldron, and actresses and patronize their per- | college plant breeder. formances.” The entire afternoon of Wednes- “You ought to see them flock to| day will be devoted to a general ses- see Colleen Moore, Clara Bow and for! sion for those attending Farmers’ the good laughs they turn out for! Week. Starting at 1:30 p. m., the William Haines. Another favorite in| president's annual address, by Dr. Bismarck is Lon Chaney.” John Lee Coulter, will open the pro- “Is there anything to the talk about | gram. In a series of six talks, the the public demanding racy, risque| combine and combined grain will be movie stories?” Mrs. Meisner was | discussed by R. C. Miller, college agri- asked. cultural engineer; L. A, Reynoldson, “Not in Bismarck,” she came back | a: ite agricultural economist, quickly. “Patrons often remark about | United States department of agricul- the movie as they leave the theatre, | ture; R. Black, marketing specialist, and it is always with a boost for gocd, | U. S. D. A.; T. E. Stoa, assistant col- lege agronomist; Manley Champlin, movie | azronomist, Saskatchewan Agricul- tural college, and A. H. Benton, head change of picture?” of the college department of market- “Some of them attend regularly | ing. three times a week without ever in-| The program for Thursday includes quiring the name of the movie. The | the topic of factors to be considered only break in their schedule occurs | in starting a creamery, by J. R. Dice, when we run a picture for three or | professor of dairying, at the college; four days and they find themselves | boys’ and girls’ club work, by Harry attending the same picture twice.” | Rilling, club leader at the college; The many new faces which ar> ap- | soil valuation, by Dr. H. L. Walster, pearing on the silver screen keep up dean of the school of agricultuze, the interest of the fans, Mrs. Meisner | and index numbers as applied to agri- believes. Pipe organs in the theatres | cultural products, by W. A. Cleveland, draw @ crowd which loves music as colioge. well as a good story. | A special railway rate of a fare and “Well, what do you think about) one-half for round trip from all movies yourself?” Mrs, Mgisner was | points in North Dakota to Fargo has asked. been granted by all roads in the state. 2 “Do you have any chro fans—the kind that never mi: “I seldom miss seeing a movie we have at the Eltinge,.” s ( Wh re that the litte Eskimo ~ “they Simply Do tot Grow ° Lil Wr Can€ Aave A Chrictmac Free eCaUse — 9 Moe Muibiiss -- XS | ETHEL | Ne | And ‘then there Are the Little Onee, bey Down on the South Sea Iole> ho Cant” Hang’ up’ their Stockings 3 ~'Cauce~ 4 They, Do. Wott, (ear Our Gtyleo | ak ©1928, By WEA StAVICE. INC. M. G. Hannah, Boone, Iowa, who was. VM eison, of the English Lutheran with all of the enthusiasm of an ar- Thistlethwaite Rites Over 90 per cent of the council think a defendant. irt a criminal case. should be given the right to waive jury trial and be tried by the court. Only one-fourth would except capital cases, but three-fourths advocate three judges for such cases. Three- fifths hold that a defendant in a criminal case should not be required | to take the stand, but that comment | on his failure to testify should be al- lowed. One of the most interesting points in the report is that the council is! of enabling less than 12 of the jury to return a verdict in civil cases. For criminal cases the same system is up- held by a vote of about three to one. Sixty-five per cent of the members would not except capital cases. A majority held that nine jurors should be required to concur to secure a ver- dict. Most of the members voting ad- vise smaller juries in cases of misde- meanors. Mental capacity of a person to be tried, four-fifths of the members be- lieve, should be determined by dis- interested experts, and the question of irresponsibility should be passed oe by the court rather than by the jury. Higher Bar Qualification Higher requirements: for admission to the bar are advocated. Six hun- dred and sixteen as against 227 of the members think that the entire bar of each state should have an official or- ganization with compulsory member- Ship, annual dues, and powers of self discipline, subject to judicial review or appeal. Eighty-five per cent of the members believe that two years of college work as.recommended by the American Bar association be exacted for admission to the bar. A larger Percentage believe that there should be an examination on character and fitness as well as on knowledge of Tules of law, and that there should be educational requirements other than knowledge of law. State Law Uni‘ormity Urged Standing legislative counsel to im- greater uniformity in ‘tate laws on many subjects, conversion of many violations of law now called crimes, but punishable ,only.” by. fines, into civil offenses involving liability to the state without criminal record also carry recommendations. State legislation for public defenders is favored by a narrow margin, and there is an almost equal division of opinion, 433 against 428, as to whether district attorneys should be appointed & majority favor retention of nearly unanimous in favor of the lang pea heavy losses, the depart- these reinsurance contracts amounts/screcn. Weird and fantastic rites of to a patronage which he would be/ voodoo devil-worshippers in the heart. glad to eliminate. lof an African jungle; the strange The fund now has a balance of | spell of a sinister, paralyzed “white more than $1,000,000 and Olsness’ voodoo” who, with tricks and illusions, idea is to build it up to $2,000,000. | rules tribes of superstitious and sav- When it has reached that point, he|age natives; a grim chase through the said, the interest probably will take|Dark Continent on a relentless mis- care of operating costs and losses and|sion of revenge; these are the dra- insurance on all public buildings|matic highlights against which a could be carried free. He wants the| wonderful love story is told. law revised to permit this but with a| Lionel Barrymore, Warner Baxter proviso that, in the event the fund|and Mary Nolan are the leading! falls below $2,000,000 by rcason of un-| members of the supporting cast. ment would have the privilege of charging a premium until the balance | in the fund is restored. Spent $200,000 on $100,000 During 1926 and 1927, Olsness Pointed out, the department paid out approximately $200,000 for reinsur- ance, whereas the total losses paid by the department during the same Period were only about $100,000. Many of these losses occurred to buildings on which no reinsurance was carried. “It is well realized that there are certain risks which at first blush seem rather excessive in value to be carried as a net line by the state fire and tornado fund, but these particu- lar risks are very few as compared to the large class of property constitut- dng average values and which have a very fair distribution,” Olsness said. “The risk constituting the largest value is the state capitol building and its contents, and it is the aim of the CAPITOL THEATRE Hailed as a saga_ of ultra-modern ;youth, “Walking Back,” a new De Mille studio production directed by Rupert Julian, under the supervision of Bertram Millhauser, is more than! likely to prove a sensation. The pic-! ture is @ screen version of George Kibbe Turner's highly successful ser- ial, “A Ride in the Country.” The theme has been transferred to the screen with captivating results and it indubitably will disprove the theory of puritanical observers that the pres- ent generation is on the downward path. It is a story of youth—"1928 kids who are not lawless, but young and the salt of the earth.” It will be shown at the Capitol Theatre three days starting tonight. Sue Carol, whose youthful vivacity and beauty have established her as a screen favorite in less than a year, dent fan. “I have been at the El- | tinge for over two years, and I still Conducted by Elks, look forward anxiously for e Largely Attended change of picture. . Funeral services for R. H. This- Pioneer of Daksta |tlethwaite, pioneer, former city audi- 4 | tor, state agricultural and labor sta- Passes Away in Hast tistician and in 1897 chief clerk of jthe house, were held at 2:30 Sunday Tardy word of the death of Arthur | afternoon sat the Elks rooms. ‘There ©. Huidekoper, former HT ranch| was a large attendance of friends and breeder ef Percheron horses near | acquaintances and of lodge members. Amidon, at Meadeville, Pe.. November| The Rev. Walter E. Vater, Metho- 30, has been received by old fricn: ist pastor, conducted the services, Dickinson. He cam to Dakota ‘| While the lodge added its rites. The 1883 and purchased the ranch, wh’ pallbearers were Myron Atkinson, Pat covered more than a township. . . Byrne, John J. Roop, Hugo Sal- coming of settlers cut up the rar berg, D. B. Burton and Duncan J. so that he sold out and thereaftcr | McGillis. here at the time of her mother's death. Friend Comes to Lay Away Hotel Cook Funeral services for William E, Robinson, cook at a 69cal hotel, who died Friday night at a local hospital, 63 years of age, were held at 4 o'clock, Sunday afternoon, at the Perry Funeral chapel. The Rev. Ingvar G. ‘cirurch, was in charge. The inter- ment was in St. Mary's cemetery. | Albert Schaltz, a roommate of Robinson. for 23. years in. Minneapolis, came from that city ard took ‘over ‘the arrangements for the funeral, As far as known, Robinson, who was a native of Denmark, had no kin in this country. r Debs Hatch, 86, of Fond Du. Lac, Wis., tends a garden by day and em- broitiers by night. He has done more CAMPAIGN ON RADIO NOISES IS STARTED BY DRIVE FOR FUNDS Trouble Shooters at Beulah Seeking Interference in Mine Electric Plant Canvass for funds to finance the trouble shooting drive in behalf of the radio community here started today, when a woman solicitor was put on by the committee in charge of the Project. Meanwhile the trouble shooters who are to seek out the causes of radio disturbance in the the city and the outlying communities have been at Beulah, investigating the electric Plant at the mine there, believing that it may have a great deal to do with the interference. The trouble has been found to be at the peak there and at Glen Ullin, it is said. Manager Mattison, of the local clec« tric plant, meanwhile has had a radio compass shipped in to test out the local plant. There is in the employ of the company a man capable of us- ing the device and it is to be kept on hand for any tests which trouble in the future may require. e In advance of the canvass among the city’s radio fans, the local deal- ers have paid in their share of the financing, it is announced. This is $175, which will pay the crew for at least a week and leave something over for another. It is expected that with. the committee canvass it will be Pos- sible to raise at least $400. Such an amount would enable the committee to cover the city efficiently, especially with such assistance as may develop on the part of the electric company. The commitice is rather disap- Pottited that no more fans have come forward voluntarily to contribute, Such contributions can be left with Sceretary Goddard at the Association of Commerce rooms. The names of the fans have been listed and those Who have not seen Secretary Goddard or do not show up. meanwhile will be called on personally by the commit tee’s .canvasser. Post in Dry Bureau Seeks Applicants¢ The Civil Service commission has announced that until December 31 it will receive applications for Positions of’ storekeeper-gauger under the bu- veau -of ‘prehibition in this state. The entrance salary will be be- | twean.$2,000 and $2,500 a year. Higher salaried positions are filled through Promotion. Full information may be obtained from the secretary of the civil serv- ice board at the postoffice. RESOLUTIONS OF CONDOLENCE WHEREAS: God,. in his infinite mercy and wisdom, has removed from! this world our ‘beloved sister, Mrs. W, ©. Cashman, be it. RESOLVED: That we, the Amer= ican ‘War Mothers of North Dakota, hereby express our heartfelt sympa- thy and’ extend our condolences to the members of the bereaved family, > North Dakota State Chapter American War Mothers. By Anna J.:Stark, Chairman Res. Annie Jess, State Rec. Sec. jthan 400 pieces in colors. made his home entirely in Me A quartet, Henry Halverson, Mrs. ville. He was 83 years of age and|Frank Barnes, Mrs. F. J. Bavendick, was a Civil war veteran and Harvard|and George Humphreys, sang three law school graduate. He had wide in- | selected hymns. vestments in eastern corporations. The interment was in Fairview cometery, : Daughters Make Far Trips to Funeral Immigration Guard | Examination Open: The Civil Service commission has — announced an examination for im-| Funeral services for Mrs. Lee Whit- migration patrol inspector, entrance | ting, 63, Center, who died here last salary $1800, applications to be re-| Week, were held at Menoken today, ceived until December 31. The exam-|the body being sent there from the ination will be held in numerous) Perry funeral parlors. Three daugh- cities in this state. Full information | ters were able to be here for the may be obtained from the secretary | funeral: Mrs. C. L. Smith, Los An- of the civil service board at the post |geles, and Mrs. C. L. Craven, New plays a high school charmer, for insurance commissioner to enter into = office. | York, who arrived Sunday; and Mrs. @ contract for excess reinsurance from three to five years in the fu- ture. This also will apply to any oth- er particular risk which may be con- sidered extremely hazardous. At the expiration of such insurance, how- ever, the entire line will be carried by the state fire and tornado fund.” { Looks for $2,000,000 Total New policies on public buildings will be written this August, and Ols- ness believes that if all of the prem- jum 1s retained by the state instead of paying out some for reinsurance, the fund will reach $2,000,000 by Au- gust 1, 1931. The interest on this sum, he esti- mates, will be $70,000 a year and since the operating costs of the department are not more than $10,000 a year and it has never paid more than $50,000 in losses in any one year, the interest |income would be sufficient to pay all losses and leave something over. In order to permit the department to obtain as much interest on its money as possible it is probable that the legislature will be asked to per- mit it to invest its surplus in bonds of the state, its political subdivisions or of the United States. The money of the department is now carried in the Bank of North Dakota. Data compiled by Harold Hopton, EVER NoTICeE, SHE SETS TH' SUMPN NICE, THER SIDE. But WELL-T tes | manager of the fund, shows that the department has paid out $478,017.61 for reinsurance during the last 10 MA —TH'T WHEN TABLE , IF THERS SHE ALLUS SETS HY PLATE WITH 9 an BIGGEST _ONE GUESS r,GOTA RIGHT T' REACH AROUND A PLATE WriY MOTHERS GET GRAY. | OUT OUR WAY By Williams LISTEN , YOUNG MAN — YouR RIGHTS WILL BE LIMITED \F YoU WRECHW TAAT PILE’ OF CREAM PUFFS, TRYING TO Pict OUT THE LARGEST ONE. ie My la ay — TRwLLIAMS 1atD ©1022, SY NEA SERVICE, IC. Es winced Most every man, whether he emokes or not, welcomes a box.of the nationally-famed _ Charles Denby , or LaFendrich Even if he doesn’t moke, he is always glad to have so popular a standard quality cigar on re hand tor passing on to his pie friends, 4 SPECIALLY WRAPPED HOLIDAY PACKAGES 4 ‘ i (La Fendrichs in red cellophane) ; AT ALL Esswblished 1850 +“ a