The Bismarck Tribune Newspaper, February 25, 1929, Page 6

THE BISMARCK TRIBUNE trial court on disputed issues of fact’ are entitled to c:nsidcration, but are not necessarily binding upon this 2|court; nor do they ‘have the sanic weight as the verdict of a jury ina wee : | 1 | 1 : : : 1 - = ikea aS A a cots fo ret ae TEES OF PIONEER DAYS BY EX-LIEUT. GOVERNOR U. L. Burdick Tells of Caucus | t and Fire; Webb Bayliss in Swan Song Role Lions heard appeals for increased membership in the Association of Commerce at the noon luncheon, to- day, had as guests some of the form- cr legislators of the state, heard some songs by Webb Bay and then Jearned that the club was going to lose him shortly as a It of a change in employment involving resi- dence in Chicago. The appeals for increased mem- bership in the Association of Com- merce were made by two club mem- bers who also are directors of the as- sociation, Fred Peterson and W. S. Ayers. Both these members spoke of the increased activity of the associa- tion this year. Mr. Ayers added that the big thing in Bismarck was to sell the city to its residents, so that they may realize what is realized outside— the big opportunity to easily make this a city of 25,000 population. He also reminded the club of the basc- ball ground backed by the association and the necessity of keeping it in ac- tive service and good condition. { “Uncle” Maddock Speaks Too | Making the Vatican Again a Sovereign State \ Lei ee a cs The historical scene in the Lateran Palace in Rome, when the treaty recognizing the sovereign powers of the Popes was made effective, is pictured above. the center, standing, as he read the 1mportant pact which creates the Vatican an independent state. At his right, Premicr Benito Mussolini is shown in case properly triable to a jury. 2. Where a litigant comes into a court of equity, ye: fone Lad oie. application of the princ! of equity, he must come with clean hands, and when the evidence shows that the as- signment of the interest which he is seéking to enforce was obtained by him through misrepresentation, fraud and deceit, with full knowledge of de- fendant’s rig..ts and of such facts as put him on inquiry as to the extent of her rights, also by misleading the defendant, deceiv'ng his assignor, and in an attempt to ceprive his opponent of ':-> rights, the court will not aid him in the furtherance of his plan. (Syllabus by the court.) Appeal from the district court of ixisey County, Hon. C. W. Buttz, dge. Auirmed. Opinion of the court by Burr, J. Sinnes & Duffy of Devils Lake, N. D., attorneys for plaintiff ar: appel- lant. Traynor & Trayno: of Devils Lake, N. D., attorneys for defendants and respondents. WHOLESALE LOOTING REPORTED IN CHINA Troops Who Revolted Against ‘ Authority of Nationalist: Riot in Stronghold The former legislators were aan | seated, is Cardinal Gasparri, Papal Secretary of State, who signed for the Pope, and next to the Cardinal is Francisco Borgongini-Duca, the Pope's Chefoo, China, Feb. 25.—()—Re- aptie| private secretary. At the extreme right of the pict ure is Dino Gandi, Under Secretary of State for Italy. ports of wholesale looting by the former | troops who revolted against the au- speaker ‘and ‘lieutenant governor of oe th2 plaintiff, who concedes to the was no abuse of discretion and nojnot limited to pupils attending ous visiliy? Lacgtte Aa is ink or te State Crain bonlers and | ( Decisions of i) Cther defendant a right to nr hee a aaAlOn or tecention | ernoos within the district. more soldiers in the vicinity of Wei of attra xamine such witness, the calling and - fhe intain-|Hail Wei had declared for Chang ick is counsel for the Farmers | Sant : | (4) The nearest school maintain- meer GGuiate mere on term bisis i( Supreme Court | c:amination of the witness is not |! testimony. ‘ed within the district of plaintiff's |T¢1ng Chang, and the start of a new ress and were guests of former Gov- | crnor Walter Maddock, nephew of} “Uncle” John. Former Lieutenant Governor Bur- dick spoke of the pioneer days of Alec McKenzie. He said Sunday night there were five formcr lieutenant governors in the city, These were Walter Maddock, A. T. Krabel, Frank Hyland, J. M. Devine and himself; also the present incumbent of the of- fice, John W. Carr was there. Re- ferring to his speakership. he said he was nominated in caucus by one vote. The McKenzie faction staged a fire nearby, but the Burdick people stuck to their posts—as it wasn't their barn —and he was named. Speaking for North Dakota, he said it was one clean state. To the east he enumerated some of the instances of graft. Eventually this must re- sult in a strong and prosperous state, he said. The pioneer stage already has . The civic vices of Min- neapolis, Chicago and Philadelphia would rot the nation if they were gen- eral, he said, but this state is farther removed from evil in its legislation than any other in the union, so it is safe and must thrive. Prepare for St. Patrick As a committee to formulate a pro- gram for March 17, Dr. F. B. Strauss, the president, named Waltcr Mad- dock, Pat Kelly, Joe Murphy and Guy O'Hara. After Webb Bayliss had sung two solos, David E. Shipley broke the news that the club Cesuso was to leave shortly. He paid a high tribute to Bayliss, who has a gift of song and has been the mainstay in vocal melody in all club entertainments. The club had been depending on him to aid in making an impression at the Minot state: meeting, and it may be that Bayliss will be able to come out and attend. He is going from the employ of the Northern School Supply company, Fargo, to Binney and Smith, New York, and will be assigned to the Ohicago office, out of which he will travel Indiana and Michigan. He leaves in a week or two. After the news had been broken, the members crowded around and wished their singing member the utmost success in his new post. Bradley Marks, state A. O. U. W. head, formerly of this city, and Wil- liam South, of the Mandan club were among the luncheon guests. JUST LIKE HOME Miami, Fla., Feb. 25.—The pilot of the Pan-American transport plane Christopher Columbus recently left New York for Miami with 12 passen- gtrs. When the plane landed only 11 passengers got out. The pilot investi- gated. and came out with a gray- haired lady who had slept’ through the whole trip. “It was the grandest ride I ever did have,” she said. QUEEN OF HEARTS Chicago, Feb. 25.—In her petition for divorce Mrs. Grace Leigh, 18, claimed that she shined her hus- band’s shoes, did.all the housework, worked in a factory from 8 a. m. until 4 p.m., and then went home to cook his dinner. “My only vice is chewing gum,” she said. The divorce was sranted. THIEVES LEAVE ORDER Haverstraw. N. Y., Feb. 25.—Thieves who robbed Louis Hoyt of 56 chickens were not satisfied with the weight of six young ones, so they left orders for @ return engagement. A note found by Hoyt directed him to “fatten them up and we will be back later.” jas Divet, Shure, Holt, Frame, | is by virtue of the judgment and sen- A. G. Divet, et al, co-partners Murphy & Thorp, Plaintiffs and Respondents. vs. Roland Magill, Defendant and Appellant. 1. Where two parties make a parol contract and disagree about its terms it is not error for the court, in an action to enforce said contract, to state to the jury the version given by each litigant and to explain the legal effect of the terms of the same, when the court charges the jury that the Plaintiffs must prove by the prepon- derance of the evidence that the con- tract is as alleged by them. 2, Rulings by the trial court in the admission or rejection of evidence, based upon the theory that the terms of an alleged contract are as stated by one or the other litigant, are not for that reason erroneous when it is clear the parties did make a parol contract but disagree as to the terms of the same. (Syllabus by the court.) Appeal from the District Court of Ransom County, Hon. Geo. M. Mc- Kenna, Judge. Affirmed. eae Opinion of the court by Burr, J. Divet, Shure, Holt, Frame, Murphy & Thorp, and Lawrence, Murphy é& Nilles, of Fargo, N. Dak., attorneys for plaintiffs and respondents. Charles 8. Ego, of Lisbon, N. Dak., attorney for defendant and appellant. State of North Dakota, Plaintiff and Respondent. vs. Ed Keller, . Defendant and Appellant. 1. The defendant in a criminal cause is ordinarily bound by any course of action that is followed with respect to his defense by counsel em- ployed by him; but where he is ignor- ant of his rights and unacquainted with the course of procedure in crim- inal trials, and during the triel his counsel is so incapacitated as not to comprehend what is taking place and the defendant's rights are not safe- guarded so that in effect he js :not- represented by counsel at all, the.rule does not apply and he is entitled to a new trial. (Syllabus by. the court.) Appeal from the, District Court of ; Ward County, Hon.’ John C. Lowe, Judge. Ed Keller convicted on a'charge of engaging in the liquor traffic appeals from the judgment of conviction and from an order denying his motion for @ new trial. : REVERSED. Opinion of the court by. Nuessle, J. E. R. Sinkler and G. O. Brekke, of Minot, for appellant. B. L. Wilson, State's Attorney, of Bowbells, for respondent. | State of North Dakota, plaintiff and Tespondept, vs. Dave Blum, Lyman Brokaw &nd Lorenz fowitch, ¢ fendants; Lyman Brokaw and: Lor- one Rees defendants and appel- ants. : 1, Where a defendant in a :“m- inal case is detained in custody pur- suant to judgment of conviction duly Pronounced upon him, such detention tence, and the certified copy of the entry thereof upon the minutes of the court required by section 10691, C. L. 1913, to be furnished to the of- ficer charged with the execution of error. 2. The right of a party to call an adverse party as a witness does not depend upon section 7870 of the Com- piled Laws of 1913; such statute mere- ly indicates the practice upon exam- ination and provides against the con- sequence of sponsorship by the party calling the witness. 3. Where a defendant denies the existence of a contract under which compensation is claimed at a def- inite rate, an admission of liability at the contract rate is admissible as evidence of the contractual relation. 4. In an action to recover commis- sion under an express contract, where the plaintiff claimed the contract to have been made between him and onxe defendant acting as agent for the other defendant, and where such other defendant denied that any such contract was authorized by him, the evidence is examined and held suf- ficient to warrant the submission of an issue of ratification. (6yliabus by the court.) Appeal from the district court of Ward county, Hon. George H. Moeliring, judge. Affirmed. Opinion of the court by Birdzell, J. L. J. Palda C. E. Brace and Rob- ert W. Palda, of Minot, attorneys for appellant. J. Funke of Minot, at- torney for re=pondent. I°> Moen, plaintiff and appellant, vs. ory Melin, defezdant and respond- ent. 1. Section 7537, C. L. 1913, provid- ing for the issuance of an attachment, does not, except in cases where the elghth ground thereof is relied upon, require that the affidavit of attach- ment upon which the warrant issues shall contain as an essential any statement that the defendant has Property real or personal within the State subject to levy. 2. Under the provisions of section ‘7837, C. L. 1913, an attachment may issue in a tort action for damages on the ground that the defendant is not @ resident of this state. (Syllabus by the court.) Appeal from the district court of Traill county, Hon. A. T. Cole, judge. From an order vacating an attach- ment the plaintiff appeals. Reversed. Opinion of the court by Nuessle, J. 1. A. Acker of Hillsboro, attorney for plaintiff and appellant. J. E. Hendrickson of Fargo, attorney for defendant and respondent. L. J. Wehe, Plaintiff and Respond- t, , vs: G. W. Snyder, Defendnat. Burleigh County, North Dakota, Garnishee and Appellant. 1. -Where a.garnishee, against the Protest. of the. plaintiff, attempts to file an amended disclosure after the expiration ‘of the time fixed by the statute for the service of such dis- closure and makes no application to the court fer leave to amend and file, ;|8nd no order is made permitting the amendment, such proposed disclosure 43 nota part of the record and will not ‘be considered by this court’ on appeal. ; (Syllabus by the court.) ‘Appeal fromthe District Court of rg ‘County, Hon. John C, Lowe, ludge. , Affirmed. Opinion of the curt by Burr, J. the judgment, merely evidences the officer's authority. ‘ 2. An undertaking of bail-condi- tioned “that the defendant will at:all times hold himself amenable to the orders and process of the court and if convicted will appear for judgment and render himself thereof,” is not discharged where after | 2 plea of guilty the defendant.appears for sentence and sentence {s im- posed; and the sureties are liabi> a thereon when the defendant fails to comply with the order of the court to surrender himself to the sheriff in execution of the sentence and judg- ment. ss (Syllabus by the court.) ‘ Appeal from the district court of Williams county, Hon. George H. tan | that it doog Dak., attorney for garnishee and Pellant. - - rs a The State.of North Dakota, vs Adolph Hezer and Rudolph Hazer, sufficient 'to sus sufficient to sustain the verdict= The question as to whether a senate is one in the discre- new trial shall be which it! » Thi ways be of bumption is. that ‘exercised. Held, in the instent cai not a L, J. Wehe, of Bismarck, N. Dak., attorney for, plaintiff and respondent, F. E. McCurdy, of Bismarck, N. Plaintiff and Respondent efendants and Appellants 1. The defendants were convicted | Kuhfeld, of Bei of the crime of grand larceny, They complain. that. the evidence {s_ not. in the verdict and judgment. The record is examined and jt is Held, that the evidence is ised f destlon, Tbs Pre- (Syllabus) Appeal from the District Court o: Stutsman County, Hon, Fred Jan sonius, Judge. The defendants were convicted on a charge of grand lar- ceny. From the judgment of convic- tion and from the order of the Dis- a new trial. defendants appeal. AFFIRMED. Opinion of the Court by Nuessle, J., Russell D. Chase, \state’s attorney, and H. E. Rittgers. jassistant state’s attorney, both of Jamestown, attorneys for plaintiff and respondent, Knauf & Knauf, of Jamestown, attorneys for defend- ants and appellants. James Hart, Trustee of the Estate of Edward J. Curtin, bankrupt, Plaintiff and Respondent vs C. J. Weiser, et al, C. J. Weiser, R. A. Engbertson and ‘ L. B.-Whitney, trustees, Defendants and Appellants (1) Following Hart v. Casterton, 56 N. D. 581, 218 N. W. 644, it is held that the mere failure to record an instrument given prior to the four-months period preceding bank- ruptcy and its later recordation within. the four-month period does not result in a preference, within the contemplation of Section 60a of the National Bankruptey Act, as amended. (2) It is held on the record, as a matter of fact, that a mortgage which was foreclosed in the name of an officer of a bank and which rip- ened into title was the property of the bank. (3) Where, following the closing of a bank upon its insolve the remaining banks and the depositors in the failed bank entered into a arrangement whereby a part of the deposit liability was assumed by a going bank, in consideration of the transfer to it of certain assets and the transfer of the remaining assets to trustees to be administered as a trust for the depositors waiving rights and the remaining banks making contributions of cash to the trust estate, a transfer of assets in pursuance of the trust agreement is a transfer for value. (4) Where an owner had ne- glected to place of record the instru- ments evidencing its title, such con- veyances, under Section 5594 of the Compiled Laws of 1913, being void only as against subsequent pur- chasers in good faith and for valu- {able consideration or against any attachment levied thereon or any judgment lawfully obtained, and where jattach the property as belonging to the one in whose name it stood of record but such attachment was dis- missed, a recorded notice of levy is not notice of any special eqpity in favor of the attaching creditor and does not charge creditors of the true owner, or others dealing with him, with notice of such special equities. (5) Where a legal title to pro erty is acquired in good faith, with- out notice of outstanding prior equi ies and for value, the one so ac- quiring it will hold it free of out- standing equities in. favor of the third parties of which he had no no: tice. (Syllabus by the court) Appeal from the District Court of Golden Valley County, Hon. F. T. Lembke, Judge. REVERSED AND REMANDED Opinion of the court by Birdzell, eodore. B. Torkelson, of Bow- in, and Lawrence, Murphy . & , pellants. John Keohane, and Albert spondent. — ‘ {it Bertha Parrish, ie 3 ‘V5. Menz School District No. 5, Sioux eet aie spoon! ander ‘ection 3 trict Court denying their motion for} Defendants | #1, a third party had sought to! of Fapgo, attorneys for ap- M. ach, attorneys for Re- Plaintiff and Respondent unty, North Dakota, a@ corporation, et al, Defendants and A plant cler! judgment is di personal | tered check of the sttorney for the ap- residence was approximately five miles distant and a school in an and the school board of the district of the plaintiff's residence arraneed for the attendance of the plaintiff's jchild in the adjoining district and paid the tuition. neglecting to fur- jnish transportation or to arrange for it. such transportation being fur- nished by the plaintiff; held. it was not incumbent on the parent, under these circumstances, to request transportation to be furnished to the more remote school within the dis- trict and that the obligation to pay for transportation the minimum sum fixed by statute is not conditioned upon a request by the plaintiff and the refusal of that request. (Syllabus by the court) Appeal from the District Court of Sioux County, North Dakota, Hon. . L. Berry. Judge. AFFIRMED, Opinion of the court by Birdzell, J. C. F. Kelsch. and M. K. Higgins, of Mandan, Attor- neys for Appellants. A. McG. Beede, of Fort Yates, and Sullivan, Hanley & Sullivan, of Mandan, Attorneys for Respondent. i Barlow Grain and Stock Exchange, ® corporation, Plaintiff and Appellant vs. Johanna S. Nilson, Defendant and Respondent (1) In an action brought by a {third party as a creditor beneficiary upon a contract alleged to have made between the defendant and her husband, the latter since deceased, whereby the husband transferred to the defendant a quarter section of land and all of his personal prop- erty in consideration of a ‘promise by the latter to pay his indebtedness, the evidence is examined, and it is held that there is a failure of proof of the making and performance of the contract alleged. (2) Where a creditor beneficiary sues upon a promise made for his benefit, if such contract is condi- tional, voidable or unenforceable at the time of its formation, or subse- quently ceases to be binding in whole or in part because of the failure of the promisee to perform a_ return promise which was the consideration for the promisor’s promise, the right of such creditor is subject to the same limitation. (Section 140, Re- statement of the Law of Contracts, American Law Institute.) (3) Subdivision 2, Section 7871, Compiled Laws of 1913, does not preclude a party from testfiying to a transaction with a deceased per- son in an action against a defendant where’ such defendant is sought to be held personally liable upon a con- tract with the deceased and not in any representative capacity. The statutory. disqualification is not to be extended by construction. (St. aphe vy. Lofland, 5 N. D. 140, 64 |. W. 930.) (4) For reasons stated in_ the opinion, it is held that the trial court propertly exercised its discretion in denying the motion for a new trial on the ground of newly discovered evidence. (Syllabus by the court) Appeal form the District Court of Foster County, Hon. J. A. Coffey, ge. Affirmed. Opinion of the court by Birdzell, J. torney for Appellant. James Morris, of Carrington, At- torney for, Respondent. * James Hart, Trustee of the Estate Edward J. Curtin, bankrupt, Plaintiff and Respondent vs. C. J./ Weiser, et al, 4 C. J. Weiser, R. A. Engbertson and L. B. Whitney, Trustees, Defendants and Appellants On the authority of Hart, Trustee, Weiser, et al, N. DW_, . W.. , and for the rea- sons stated therein assigned, the nt appealed from is reversed a rected to be en- quieting title in the defend- ants. (Syllabus by. the court) estate tea a £ v recited the pape deposit, it check an ixbod. ta on 2 with’ Secti nder Section 1179 d Laws of 191 of the 1913, the 8 Se cho Ste drive against the rebels marked to- day’s developments here. General Liu Chen-Nien, the Na- tionalist commander, departed for the front leading a small body of rein- forcements. It was said that he was planning an attack on the rear of the revolting troops. Observers here thought that despite the brilliant initial successes of the Nationalist commander, he was doomed to defeat unless he receives reinforcements on o large scale. It was estimated that 40,000 rebels were arrayed against him and that al- though they were widely scattered, they were slowly converging and would ultimately present superior numbers which the Nationalist forces could not overcome. PASSAGE OF DOG TAX BILL RECOMMENDED Passage of a dog tax bill was rec- ommended by the house today in the committee of the whole. The bill caused little discussion. ‘ This bill, wh'ch is designed to take the place of a senate measure, earlier killed by the house, caused little dis- cussion. The present bill does not provide an indemnity for livestock killed by dogs. HAGUE BANK THEFT SUSPECT RETURNED Northwood, Ia., Feb. 25.—(#)—P. C. Peterson, wanted in Hague, N. D., for robbery of a bank fs on his way to Emmons county. N. D., io stand trial. North Dakota officers left here early today with Peterson, who was cap- tured at El Paso, Texas, after break- ing jail here. Youth Shot at Mott C. B. Craven, of Carrington, At- ti Recently Not Doing Well Since Sunday Henry Lutz, 19-year-old Mott youth, who was accidentally shot about a week ago, was reported today, ata local hospital, to be in 8 more serious condition than since received. for treatment. He had a bad night. The bullet entered the abdomen and Passed from the center around to the right side. His stomach was violently disturbed all last night. $24,000,000 Dry Fund Proposal Is Rejected Washington, Feb. 25.—()—The $24,000,000 _ prohibition vote, was 239 to 125. A moment later the measure was ith a viva voce vote. It now to the senate. Boy Is Smothered Under Load of Hay Arthur, N. D., Feb, 25.—()—Funer- al services will be held Tuesday for Eary Murch, 4, son of Mr. ‘and Mrs. Henry Murch, who reside near Arthur, ate ‘was smothered under a hayrack urday. The boy ts believed to have removed &@ prop from beneath the havrack causing it to overturn and bury him. His father was not at home at the time the actident and he was found when his mother became alarmed at his absence and began a search. In addition to his parents he ts survived by two younger brothers. 'HOOVER WANTS NYE TO FOSTER REPEAL CR IMMIGRANT PLAN Immigration Act Provides for Reapportionment of Quotas on the Census of 1890 Washington, Feb. 25.—(?)—William J. Donovan, assistant t> the attorney general and one of tose mentioned for a cabinet post in the next admin- istration, conferred at length today with ‘President-elect Hoover. Donovan exrived today from Santa Fe, N. Mex. where he was engaged as a member of the Rio Grande com- mission and as chairman of the Boulder Dam commission. It was understood he weuld return to Santa, Fe immediately. Senator Reed, of Pennsylvania, dis- Cussed the national origins provisions of the immigration act with the pres- ident-clect urging the latter to allow this provision to become operative on duly 1, Mr. Hoover is opposed to the provision which would reapportion immigration quotas upon the basis of the percentage of foreign popniation stocks in this country at the time of the census of 1890. The total annual immigration from abroad would be limited to 150,000. This provision, unless repealed in the present session of congress will make it mandatory upon Mr. Hoover to issue a proclamation putting it into effect on July 1. The president-elect since his return to Washington has encouraged Senator Nye of North Da- kota, and other congressional leaders in their efforts te have the present congress repeal the provisions or di fer the date of its application. Sena- tor Reed has consistently campaigned for its enactment. F Tariff matters came under the con- sideration of President-elect Hoover teday in conferences with F. J. Hag- enbarth, of Salt Lake City, president of the Wool Growers association, who has asked the house ways and means committee for a tariff increase on wool, and with Representative Mor- gan of Ohio. Thomas D. Campbell, of Montana, was again received by Mr. Hoover to- although he had said last Satur- day that he was leaving immediately jfor Montana. Mr. Campbell is among those who have. been recommended. for secretary of agriculture. Henry M. Robinson of Los Angeles, and: Secretary Wilbur of tire navy department, were other morning call- ers on Mr. Hoover. Speaker Long- worth was invited to lundh. BYRD SAYS WINTER SEPARATING SH Wellington, New Zealand, Feb. 25. —()—Radio messages from Com- mander Byrd's supply ship, the Eleanor Bolling, say that winter con- ditions are setting in in the Antarctic unusually early and are driving the City of New York, theeother vessel of the expedition, from the Bay of Whales. The Eleanor Bolling is proceeding under forced draught to aid the City of New York and if she is found to be clear of the ice the ship will attempt to reach Discovery Inlet and land a cargo. of supplies which Commander Byrd's men may pick up next spring. Resolution Would Deny Vare Seat in U. S. Senate Body to the senate today on behalf of Was | Senator Norris, Republican, Nebraska, shortly after the report of the cam- eaeadie en a ie a seat for Vare had been called up. New Garage Planned by Devils Lake Man 168 Pounds Butter Is Stolen at Forks SPANIARDS UNEASY UNDER LEADERSHIP -OFPRIMO DE RIVERA | Conservatives See Birth of a Great Anti-Monarchist Movement, Is Report. London, Feb. 25.—()—Constantly unrest under the dictatorship of General Primo de Rivera, Spanish premier, was reported from points in Spain and along its borders today. drid was that in the attitude of some Politicians, formerly powerful in Spanish politics, conservatives saw the birth of a great anti-monarchist movement. Two men, Melquiades Alvarez, for- mer president of the chamber of dep- uties, and Miguel Valleneuva Gomez, former minister, were mentioned as refusing to participate in an appeal to King Alfonso on the ground that they would have nothing more to do with the crown which has made itself, they say, incompatible with their political ideals. Three other men, Alvaro Figuero de Torres, count of mes, for- mer president of the council and of the senate and onc of the most in- fluential men in all Spain, Augustin Luque Coca, former minister of war, and Count Gabino -Bugalal, former president of the congress of deputies, are said to be considering a request for an audience with King Alfonso. At this audience they would not demand they be recalled to office but merely ask that they be allowed to see the formation of a sort of reserve power which could take charge of national affairs in the event of an unforeseen accident putting the pres- ent regime out of power. Reports from Hendaye today say that unrest was developing rapidly with consitutional changes under consideration which if adopted will end the present regime. From Tou- louse it was reported all classes, both military and civilian, are joining in the movement to oust the premicr. $15,000,000 SOUGHT Information emanating from Ma-'* 4, ( ‘ TO PUT OVER ARMY « BUILDING PROGRAM, Proposed Measure Would In- crease Total Authorization to $72,423,509 Washington, Feb. 25.—(?)—A bill to authorize expenditure of $15,900.- 000 to aid in carrying out the army housing program and to provide qua ters for 3,824 officers and men in var fous military posts on the continerit and in insular possessions was intro- duced today by Representative James, Repub! ican, Michigan, chairman of , the house military affairs subcomypit-_ tee on real estate and construction. ‘This measure, which would increase from $5,423,509 to - $72,423,509 total authorization by congress for the housing program is necessary, Repre- sentative James said, to carry out the plan to supply needed permanent con- struction in view of the expensive up- keep of temporary war time buildings which have passed the point of usage. Of the 423,509 authorized to house 26,935 officers and men, how- ever, Mr. James pointed out but $20,- 751,409 had been appropriated,- and the secretary of war had been author- ized to enter into contracts: for $4,800,000. He explained that the war department supply bill of 1930, not yet approved by the president carrie an appropriation of $13,539,000 { construction, as well as another mea- sure carrying $17,185,000 on which Congressional action had been com- pleted. In four other measures; apg proximately $1,000,000 had been au thorized og construction but not ap- HALDEMAN LEAVES CBA POR FLORDA Havana, Feb. 25.—()—George Hal- deman, who made a non stop flight from Canada to Cuba on Saturday at 12:38 p. m., Mandan Conductor Breaks Wrists in Tumble from Train George Saunders, Mandan railway conductor, fell from a freight train at Gladstone last night and fractured wrists, badly bruised his side and Sustained torn ligaments .in both forearms. Mandan. é . e Festi at his'’