The Bismarck Tribune Newspaper, March 14, 1929, Page 2

THE BISMARCK. TRIBUN = : Dakotans Posing as Nonresidents-: PATTEN ACT TREATS |[_SEDE GLANCES - - - - By George Clark || GOVERNOR THINKING E BLAGK PIGEO FAITH IN SHEEP IS. "TAXING RESIDENCE FOR SLENT BULK OF | I GIA CBF sou ay nowrtnn id AS FICTION | PROPLE AS 70 BILLS} "Secemmm— wee A ST ces SGT Ten er The woman half started from her chair, seemed about to ask a ques- Because he had fallen in love with | tion, then subsided, her gaze fixed in Cleo Gilman. Isn’t that more like | terrible fascination upon the closely it?” McMann interrupted. written sheet ‘which McMann drew RUTH LESTER. secretary, finds | Borden—left_ me—” kéting Will Be Refilled by Actual Dwellers Who Maintain Tries to Get Slant of Those the body of her employer, N. P. Purchases Voting Status in Other Who Say Nothing as Lobby © “HANDSOME HARRY” BOR- DEN, Monday morning, sprawled . States Must Pay Here Puts Measures Over beneath the window of his pri- ANOTHER DAY FOR FILING REALIZES THEY CAN VOTE The woman shrank against chair, but only her great, tormented brown eyes answered, with such piti- ful appeal that Ruth’s own eyes stung with sudden tears. “And so.” McMann went on, “you followed him about, telephoned him here at his office and at his home, wrote him letters which he did not answer, made an excuse to enter another office in this building so that you could observe your intended vic- tim, then by a lucky chance, di covered how you could use that other office as the scene of your crime—” “No, no!” Martha Manning scream- ed, springing to her feet, her eyes blazing, but her face ashen, except for those ghastly’ spots of rouge. “You're cowardly, despicable! You know you have no foundation for a charge like that—” “I haven't made any charge—yet,” McMann reminded her grimly, as he too rose and pushed back his chair. “Come here, Miss Manning!” and the detective seized one of the woman's wrists and drew her by force to the window looking out upon the air- MecMANN, detective sergeant, questions the following suspects: Ruth, MRS. BORDEN, estranged wife of Borden and mother of his two children; RITA DUBOIS, night club dancer, with whom Borden was_ infatuated; and SACK HAYWARD, Ruth's fiance, insurance broker with office di- rectly across the narrow airshaft from Borden's. MeMann’s belicf in Jack’s guilt is strengthened by his discovery that Jack’s Colt’s .38 is missing; by Jack’s own admission that he returned to the seventh floor Sat- urday afternoon, and by the testi- mony of elevator, boys MICKY MORAN and OTTO: PFLUGER. BILL COWAN, Jack’s friend, tells McMann he heard Jack threaten Borden's life. JAKE BAILEY, Borden's body- gaard, is sent for. Meanwhile McMann quizzes BENNY SMITH, Borden's office boy; ASHE, his manservant; MINNIE CASSIDY vate office. May Exercise Veto Power. on Some Legislation if He Feels It Unapproved So Far About 10,000 Persons Liable for State Income Tax Have Returns In North Dakota is operating under the amendment to its income tax law enacted by the recent session of the legislature, whereby nonresidents are Teached on income originating from tangible property in this state. The Patten law was passed cspe- cially to reach nonresidents. An; emergency clause was added, whereby collection is being made on 1928 in- Although quiet reigns on capitol hill, state officials have not forgot- ten the legislature so soon. The 60- day visit of the lawmakers has left varying reactions among the state officeholders and employes. Some are breathing easier just. as the traditional husband with the tra- ditional sort of mother-in-law is sup- posed todo. These feel that the comes of thes¢ nonresidents. Resi- legislature may have been kinder to] and LETTY MILLER, seventh | shaft. “Look!” and he pointed to the dents who have acquired legal resi- totaal than the legislature saw fit to} ficor scrubwomen, and CLEO | opposite window. “Whose office is dence in other states while continu- _ GILMAN, — Borden’s. discarded. | that?” Others meant it when they told the lawmakers they would be welcome when they come again. To these the solons were kind and generous, just as the traditional long-lost rich uncle a vay ian to have an inclination “1 , m i 7 " 7 | tows jarge-heartedness. Tl be takin’ that stove down in a few days. It's getting like spring. ‘The principal interest, however, is centered abate ge of Governor ——_--—_——-—— | George F. Shafer. The executive can- AT THE MOVIES not enact laws but he can keep some which have been enacted from be- coming laws, and indications are that CAPITOL THEATRE he will exercise that right, He js not sions and investments in the state. Drama, spectacle and unequaled| expected to approach the record of A hypothetical case taken by the jcamera effects are the outstanding | 22 vetoes set by Governor A. G. Sor- tax commissioner's office to illustrate |features promised in “Sunrise,” the; lie at the close of the preceding reg- the operation of the law assumed &|Fox special dealing with the contrast | ular session, but almost any bill taxpayer having been so prosperous! between fast city life and rural. vir- | Which he vetoes will mean distress to as to have accumulated property. that ing residence here are the cspccial aim of the law. Today and tomorrow remain for making returns of the state income tax. At the office of the tax commis- sioner, fourth floor of the capitol, the filings have been pouring in the last few days in a sort of flood. At that, not more than half are in. Returns have been made by about 9,000 to 10,000 persons liable to the tax. From 8,000 to 10,000 more are expected to be filed. Law Is Retroactive Outside of incividual income tax- payers there remain liable to the tax lot of corporations and firms that operate ona fiscal-year \asis, These make returns at the close of their mistress. Cleo gives an ironclad alibi. McMann | exults when he finds a fresh scar in the brick wall outside Jack’s window and a flattened bullet on the cement seven flights below. He says Bor- den fired the bullet in self-de- fense at his murécrer, who stood in Jack’s window! MARTHA MANNING, mother of Borden's illegitimate son, brought into the investigation by Ruth Lester. McMann merciless- ly questions her about her rela- tionship with Borden. Then he fires at her: “When did y:u last see Harry Borden?” * * Ox NOW GO ON WITH THE STORY xe * The woman snatched her impris- oned hand from the detective's hold and rubbed her reddened wrist. —don’t know! How should 1?” “Then let me remind you,” McMann retorted. “That is the private office | the of Mr. John C. Hi |, insurance broker, the very agreeable and hand- some young man you consulted, not so long ago, on the subject of a policy in favor of your son. ... Do you re- member now’ Martha Manning seemed suddenly to get control of her tortured nerves. Almost calmly, though Ruth thought she moved hastily over the spot where Borden's life blood had ebbed away, gain the annual income tax on in-|@ come itself as to share in the pro: ; | ceeds of property sold by retiring; residents quitting business, profes- ° | until the detective was also seated that she answered his question: “I did consult Mr. Hayward about insurance, but that is not usually considered a criminal offense, Mr. McMann.” “And how did you happen to pick out that particular insurance broker?” McMann asked sarcastically. “Is he famous in his field?” “I saw his name and business listed on the bulletin board of the Star- bridge Building,” Miss Manning an- swered defiantly. “One of those days when you were trailing Borden? By the way, you were still living with Harry Borden when he took these offices three years ago, weren't you? You were pretty familiar. with the lay-out of this floor, I suppose?” a “When I went to consult Mr. Hay- ward about insurance, I had no idea that his office was across the air- shaft from Harry’s,” was the positive almost calmly spoken answer, but Ruth saw a pair of thin, white hands twisting, intertwining—hands that would not lie, no matter how sn er “As to the purpose of that inter- | beautiful contralte voice cou! view, I decline to answer. Its result | made to serve its owner's hidden pur- you undoubtedly know already,” the | Poses. woman answered calmly, but Ruth| As Ruth watched those hands she saw her’ hands were gripping each|g0t an odd, subconscious impression other tightly in her lap. that they had a message for her—a McMann laughed, an ugly sound. | message of vital importance—but with “You're a cool one, all right! . . .| that compelling voice to listen to, Yes, the man Ashe has told us that | there was no time for Ruth to heed you and Borden, in the presence of ao story that the hands were jake Bailey, Borden's bodyguard, had Sk see & row that ended in a fight in which] “Then may I remind you that when you were almost knocked out. I see | you were in Mr. Hayward’s office on the cut on your lip has healed. two occasions you went to his window, You tried to kill your lover then,| Which affords a view of the interior didn’t you?—and didn’t quite make | of this office, and stood there—each @ job of it?” time—for minutes, looking toward and ‘The woman's great dark eyes blazed with scorn. “May I remind you that it was I, and not Mr. Borden, who was injured in that encounter?” “But”—McMann leaned forward toward her across the desk, his eyes narrowed to slits—“you've hated him and planned revenge ever since that night! That's true, isn’t it?” “No!” the denial rang out sharply, until these exceptions to the filing Umit of March 15 are in. It means that ate income taxes will con- tinue to come in until May 31 to June ‘30th. ‘The change made in the law by the recent legislature, which makes pay- ment by nonresidents retroactive, was the simple change of section 2346a3 of the supplement to the compiled laws of 1913. In the original law this section read: “article II, section 4—Nonresident individuals are not subject to tax. “Nonresident individuals shall not ‘be subject to tax under this act,” Outsiders Must Pay on N. D. Income 4 “The amendment diametrically ~~ changes all this in the law. Nonresi- | himself to such a lump tax out of the dents become subject to the law.) proceeds—not income in this casc—as But under conditions. As reenacted,jhas been taken for illustration. the section now provides that “the tax imposed by this act shall be levied, collected and paid annually with respect to his entire income, not hereinafter exempted, received by every nonresident from property owned or from business carried on ;in this state. Such tax shall first be , levied, collected and paid in the year 1929 upon and with respect to the taxable income for the calendar year 1928 and for any taxable year ending , during the year 1928 and at the rates \specified in section 2346a11 with re- to net income of residents of of times during the last few months —at a distance,” Martha Manning answered the detective sergeant’s question, “You mean you followed him about?” McMann pounced. Martha Manning smiled strangely, and did not answer. But she tamped out her half-smoked cigaret in the ash tray which stood on Borden’s desk, and dropped her hands into her lap—as if she could not trust one of them under the piercing eye of the detective. “I ask you again, Miss Manning— when was the last time you saw Harry Borden?” McMann asked with angry impatience. “My last—interview with Mr. Bor- den was on Christmas’ Eye. I’m afraid I took rather an unfair ad- vantage of his manservant’s careless- ness—as he has probably told you— and succeeded in speaking with Mr. Borden, “Ah!” McMann raised his bushy brows. “And what was the purpose and the result of that impromptu in- terview, Miss Manning?” they were in session, however, and in those cases where the legislators strayed too far from the executive's ideas, some reproof -nay be expected. One suggestion which Mr. Shafer is known to have conveyed to the legislators from time to time is that the great bulk of the people who elect legislators and public officials and who make and break political parties and factions, 1s not as artic- ulate. as those persons who appear during the sessions demanding legis- lative favor. The inference was that the siren wiles of the lobbyists should fall on deaf ears and the legislators should guide themselves by their own ideas of the needs of the common- wealth. ELTINGE THEATRE __, ‘The executive is known to be diffi- Echoes of great names that have/dent about setting his judgment come down in the history of the West | against that of 49 senators and 113 are revived in the graphic representa-| representatives, or at least against tions of famous characters which | a majority of these senators and rep- make up the cast of “Tide of Empire,” | resentatives. In the event that he Peter B. Kyne's vivid story of the| feels strongly enough, however, Gov- California gold rush days, which will|ernor Shafer has made it clear that be at the Eltinge Theatre, Friday and| he will follow his own judgment and Saturday. wield the executive ax. Not only are Wells, Fargo and| The governor is making a careful other celebrated characters of the | Study of each bill before he approves “Days of °49” reproduced, by actors|0r vetoes it and is giving virtually so startlingly like the originals that it | Sl of his time to this task. He ex- seems those historical characters|Pects to finish it within the next have actually come to life, but many| Week and will then be free to turn property, the state under the amnded law would be able to collect $18.C00. Now, a taxpayer might not object to F. W. Murnau, who was brought from Europe by William Fox in or- der to direct this picture, selected an paying $1,000 a year for 18 years out original theme by Herman Suder- of income from this property, but he /mann on which to build the plot, but would, very likely, exceedingly like to|the director's embellishments in the escape the payment of $18,000 out of way of scenery, action and photog- the capital he had accumulated, as/raphy bring him as much credit for in the supposed levy on the proceeds |the production as is due the noted of a general sale of his holdings, to|:sthor, retire, say, to California. When Mr. Murnau started work on The effect of this new law, there-|«gunrise” in the Fox Studios it was fore, it is argued at the tax commis-|with the understanding that his word stoners office 1s to retain capital inj was to be final with regard to all the state and in activity. An owner items of production from the selec- of the hypothetical property would tion of the cast to the final editing very likely prefer to continue in busi-|of the film. ness rather than sell out and subject Newcomers Subject on Day Only Newcomers in the state also are subject to the income tax. Anyone in North Dakota on the final day of the tax year—December 31—the ruling is, is subject to the tax, even though the income on which the tax is levied was to within a few weeks, or even a few days, earned in another state. Any- body coming in Christmas and be- coming a resident of North Dakota automatically becomes subject to the tax. The argument is that he—or others like him—might leave the state in another year just before the tax becomes due and thus subject the state to the loss of a year’s levy. The result of this system, it is stated, is that the newcomers and the outgoers about offset each other. It was ad- mitted that the system is not at all popular and causes a great deal of irritation to newcomers. A MODERN WONDER MIDDLESEX BOROUGH, N. J.— Taxes mean nothing in the lives of some 2000 citizens of this common- wealth. It’s because they don’t have to pay ’em. No direct tax has been levied for several years and the ad- ministration. has decided that re- ceipts from other sources, totalling $22,000, will more than cover operat- ii F Z tax imposed herein shall ap- the entire net income received all property owned or from busi- carried on in the state by nat- Persons not residents of the state; provided, that income from a mercantile or manufacturing business, royalties. or operation of any quarry’ or from the personal property for purpose of taxation shall follow situs of the property or business which derived; and all other in- including that derived from per- services, professions and voca- and from land contracts, mort- stocks, bonds and securities follow the: residence of the non- " 8s HE 1 undoubtedly into this very room?” “I did. not ‘look this way, because | ;,, I did not realize that by so doing I could see into Mr. Borden's office. My eyes idly-followed a number. of pigeons circling about the window, but my thoughts were on my son, and how to provide for him in case of my death.” . : : “Your natural-death—or by way of the electric chair?” sug- EF 2 z or or of 43 descendants of those pioneers are| his attention to the other details of among the actors playing their roles, | Putting his administrative policies in- Dwan directed, has among its char- acters such celebrites as “Bejabers”| Tree Planting Drive : name Harmon is today perpetuated by| to Occupy Mountrail the great Harmon Gymnasium at the Among the actors in the huge pic-| is to be put on in Mountrail county ture are many descendants of old} this spring under the direction of C. seekers. One of the most interesting | with Lewis Mathews, extension for- is Buck Cody, who plays @ bandit. He|ester, is attracting’ much attention bandit hung in Salinas in 1861 and| Two county-wide meetings are to “Loco Mary,” a historic character|be held to get the movement under His name was changed by law. Stanley, March 20, and Van Hook, March 21. Plan; for the coming cam- The vivid drama, which Allan | % operation. Harmon, jailer and prospector. The University of California. The tree planting campaign which Spanish settlers and former gold|A. Fiske, county agent, cooperating is the son of Vasquez, the famous| from farmers all over the county. who is still alive, at the age of 103.| way. These meetings will be held at Textile machinery. exports consti-| paign will be discussed and commit- HE ws The H Tesident recipient. i i o -| then in a voice that. quivered and | 4 Tatandass Eackdacs Diviaed a4 expenses during the current recess imporisnt item in Germany's frvehpecnomer tig the various local. broke with emotion: “Eloved’ him: gested brutally, oe the “Nonresidents engaged in business A £ : z : ‘The frail ‘body--stiffened, but the E k without the state shall only upon such income as ved from business transacted, property locatec’, within the state be by a separ- accounting of such income, where the income fairly attributable to Dakota, and when made in the and manner prescribed by the commissioner, but otherwise shall i still love him—wherever he is now, and will love him till I die!” * * The detective éettled. back in his, chair, regarding the trembling woman, with that twisted smile of his: which Ruth Lester longed: passionately to. strike from his mouth. “Buppose we get. down to.’ ‘brass’ tacks, Miss Manning.. I'll tell you a few things, and then you. tell me a few. Tit for tat. ea eg i OUT WAY E Hi i i i i a ‘00 TL’ KNOW? How MY TIRE GOT PUNCTURED ? WHY YES ~L FOUND A NAIL IN IT fe : WHY ? OH * NOTHIN’ “ony. I SENT MY BROTHER --T' MY UNCLES (-T’ BoRRER A BRACE AN!, BIT » MOU KNOW —THem % THINGS You§ DRILL HOLES With, . WELL, y IM 3iss’ TRYNA an an , I warn if you telephone If your answer is still no—but I won't think of that now!’ ” That pitiful, quivering hand started to lift itself from the blotter, but with the quickness of a sleight-of- hand artist's the detective's big hand shot out and covered it, flattening it against the green surface of the blot- ter. With his other hand he seized @ full ink well and tipped it, so that the fluid ran in a dark tide beneath woman. “How dare you?” Martha Manning gasped, struggling to release her hand. “What are you doing?” “Merely saving time by taking your ONE EXTRA GING I RELAYING STEEL N. P. Is Trying Experiment of a Single Floating Force In- Charles dane Elizabeth bowe: rd, St. Clare » Benton, Monta: ton, Power, and al! aid Estate, Fo! Above You an cited and requived County urt of Burleigh, of the Co Let service be made of this citation as required by law. Dated this 13th day of March, (Seal). 3/14-21 ADVERTISEMET FOR BIDS One ‘Tractor her or] the envelope and laid before er. “You recognize this letter? ‘You admit you wrote it?” There was no need for an answer, and Martha Manning made none. “You will note,” McMann pointed out obligingly, “that it was written Friday afternoon—the day before Henry Borden was—murdered. Now, if you will kindly read aloud the last three sentences of this letter—” and he tu orchid One of those reached out, but did to the top of “You asked Peat ory: the single sheet of ned over not touch it—dropped instead green blotter with which the the desk was almost entirely there, quivering. won't oblige me?” McMann cheerfully. “Then let me re- them &@ very good mem- But , in all solemnity, at you will be sorry do not do what I ask. I shall you Saturday morning. Pressed-down fingers of the its myself, Miss Manning!” the detective answered, as he lifted her ink-stained hand and fingers upon a sheet of white paper. pressed the (To Be Continued) , which will come to the Capito} | Someone. the woman walked across the room fiscal year, so the entire amount of | ihe incoeie tue, wi ‘The governor's views were fairly CHAPTER XXXVIIL e in Martha Manning tells of visiting the tax possible will not be returned ieeiralal onl adaien ot tle “hypothetical isis on Monday for’ run of three/ |") own to the legislators while | “I have seen Mr. Borden a number | and took her seat again. It was not | Harry Borden in his office. Read the stead of Many Groups St. Paul, March 14.—A large, float- ing extra gang, which will handle all steel relaying between Missoula, Mont., avid St. Paul, began work on the Rocky Mountain division of the Northern Pacific this week. ‘The railroad this year is carrying on an experiment by having one gang handle all the steel relaying. The crews have 30 bunk cars and two units of boarding outfits, each of six cars. In addition, there are cars enough to bring the total uséd by'the gang to 60. ‘The equipment includes a tie-scoring machine, pneumatic driving machines, two power cranes, track-laying ma- chines, and air compressors to fur- nish power for the outfits, At least five months will be re-' quired to complete the steel relaying between Missoula and St. Paul. The one large gang will serve this year in Place of several steel gangs, one on each division. CITATION HEAR! PROBATE OF FOREIGN WILL State of North Dakota, County of Sarlelge. In_ County Court, Before Hon. I. C. © “Matter of Est: Thomas C. Power, Deceased, ate Ot PETITION FOR B. Power, Petitio: ‘Monta Mary rsons interested in State of North ‘Dakota to th fe ol jort akot oO 1c lamed Responden: ry h of you are hereby to appear before the County of in said State, at the ‘office unty Judge of said County, Court House in the City of ismarck, in said County and State, on the 3nd day of April, A. D. 19! at the hour of ten o'clock in the fo: Rny'you have;sw stament of ' 10 who ‘Thomas C. Power, D. rdance and John in 01 | with the statutes in such case made Pacem abd Judge of the County’ Court. — PA Sealed bids for one tractor of ll TEE grina Ceti / 4s git Fert Matty f Be i i i with’ certified nt of the amou: ly enter int: J tigaaseePere 4-81-28 | Ay i p.m. fications and formance must ac- of tractor bid upon, just be accompanied , if; successful @ contract Gounty Consfulaat 01 ommission- the right to reject any oF ler of the Board of County ‘A. C. ISAMINGH County ‘Auditor. “ TOWN FOR SALE! EMINENCE, Pa.—Wanta lock, stock and tH St. Paul, March 14.—E. L.. Hoppe: livestock agent of the Northern By cific railway, just has returned from an extensive trip along the lines of the company, bringing a report that this will take @ ¢ ) ) ern Pacific in 1928 increased about 25 Per cent over any year in the last 10 years, with Montana stockmen con- tributing largely to the increase. He expressed a belief that the cattle in- dustry is on a sound, firm basis for the next five years, resulting from the favorable prices of iast year. Montana, hog Fone increased in 1928 and re were heavy shipments from the Dakotas, he said. ee vi] TUCKER WAR RECORD * IS URGED 70 FREE HIM After Serving on Forgery Con- viction, Was Allowed to Reenter Army Efforts to free Francis Tucker, con- victed of slaying Hans Bjone, Verona banker, have extended to a search of Tucker's record as a soldier prior to the time he came to North Dakota, it has become known here. ‘ John Magill of Verona, brother-in- ( law of the convicted man, is leaving no stone unturned in his effort to win for Tucker @ new trial, and he is confident that another hearing of the case by a jury will result in an ac- quittal, army record, which was +& Tucker's touched upon at the trial, has been ascertained by the adjutant general's office here at Magill’s request. It shows that Tucker served several en- lstments in the army but was con- victed of taking $240 and of forgery and sentenced to serve two years in the disciplinary barracks at Fort Leavenworth. That was in 1917, In 1919 he was discharged from the and restored to active serv- ice under his enlistment of May 8, 1914, and upon the completion of his enlistment was given an honorable discharge from the army with a character rating of excellent. - Inf mation received at the office of +e adjutant general here indicates that Tucker encountered ‘no other'serious’ difficulties during his severs’. enlist- ments as a soldier. 7 Permission by the sup‘ :me court to counsel for Tucker to 9 esent a re- argument and discovery #f additional evidence is expected to 4e one of the grounds upon which/ the supreme court will be asked to/:phold the mo- tion. The court alreg 4y has approved the actions of the fcourt and jury which convicted Tutker and refused to grant a motion for a new trial. Mountrail Buys 25,000 Pounds Forage Seed ; Approximately. 5, - AY falfa and 20,000 pate gee) on = 4 clover seed will be sowed in Moun- trail county the coming spring as a result of an alfalfa-sweet clover cam- \) ~ paign just closed. The localities buy- ing the most seed are Plaza, Stanley, Van Hook, Ross and Palermo, Anyone in the above for, hydrophobia. She was wounded by 2 bullet which a policeman had fired it|through a dog suspected of being mad. The treatment was ordered to paride possibility of infection the bullet. cictent por and Bottles of cai cu at him. calla | DETAIL ATEN .10 DURING BEREAVEMEN FF 5 ft i pTEETEE. aH | e! f i | i