The Bismarck Tribune Newspaper, February 27, 1930, Page 7

~~ < ies | HABITUAL CRIMINAL LAW FOUND PUZZLE BY SUPREME COURT Fargo Man's Appeal From Pro- hibition Conviction Re- veals Queer Proviso Joe Malusky, former Fargoan, is bout to achieve a fame of which he never dreamed. Or maybe it is just notoriety. At any rate, Joe is about to get his name in the lawbooks as the man on ‘whose behalf the supreme court in- terpreted one of the most puzzling sentences placed in North Dakota's criminal law for many years. The statute in question is North Dakota's habitual criminal law, enacted at the 1927 legislative session. It provides, in brief, that a criminal thrice convicted of a felony may be sentenced to the penitentiary for twice the maximum term permitted by law for the penalty of which he ‘was last convicted. If convicted of four felonies he may be sentenced to prison for life. That much is plain and the statute provides the method to be followed in determining whether a man has been convicted more than once and per- mits @ separate trial on the habitual charge. If that were all it would be relatively simple. But the legislature tacked on an- other and final section and this is the one which is puzzling the supreme court in Malusky’s case. Or rather, since the court doesn’t advertise its perplexities, it is assumed to be puz- zling the court. ‘The section reads: - The question is what felonies, if ‘ny, do not involve moral turpitude, and the supreme court is expected to examine closely into the apparent legislative intent before it hands down a decision. Malusky’s counsel contends that it does not apply to of- fenses against the prohibition law, of which his client was convicted. The record shows that Malusky was convicted of violating the prohibition law and sentenced to a year and six months in prison on April 24, 1929. Later it was found that he had been convicted twice before and was brought back and sentenced again, this time to four years or twice the maximum sentence permitted by law. The court is expected to decide the case in the near future. Wichita Trade Board Appeals to President Regarding Grain Plan Wichita, Kas., Feb. 27.—()—W. H. Smith, president of the Wichita board of trade, has appealed to President Hoover for “immediate steps” to re- voke the order of the Farmers Na- tional Grain corporation limiting. ‘wheat purchases to grain handled by cooperative elevators. Smith, in a telegram to the presi- dent, said the Stevens-Scott Grain company of which he is president was put “in the position of being elimin- ated from the grain business” by re- fusal of the federal farm board agency to buy wheat from other than cooperatives. The company has ten independent elevators in Kansas and Oklahoma. Bomb Kills Mold Man In Indiana Labor War Marion, Ind., TFeb. 27.—(#)—The third bombing in Marion in six months, apparently directed at mem- bers of the local Mold Makers union, last night cost the life of John Ash- craft, 35-year-old employe of the Koeppen Mold Works, and raised the death toll from the bombings to five. Ashcraft died in a hospital two hours after a bomb exploded in his automobile when he pressed on the starter. Police expressed the theory that the bombing was the result of labor troubles, t | Scot Has Wife Wear | | Magnifying Glasses | To Make Food Plenty; OO Chicago, Feb. 27.—()—The credul- ity of Judge Harry A. Lewis was taxed by the case of Johnson vs. Johnson, divorce, Mrs. Helen Grace Johnson testi- fied her ‘husband, Arthur, was a Scotchman; that he refused her per- mission to use a vacuum cleaner be- cause it was too severe on the rugs; that -he bought all the food—very carefuly; and that he forced her to wear magnifying glasses at the table ‘80 the food would look like more. “Burely,” interposed the court at this, “there ts a limit, you know, to credulity.” “I am under oath,” said Mrs. John- son, “and I swear it.” She said there was one alarm clock for the whole family. i ‘When it rang in the morning she had to rewind and reset it for other members of the family. ‘ It is superfluous to state thht no alimony was asked or offered. KUART SAYS GRAIN BODY STANDS ‘PAT General Manager of Northwest Grain Association Speaks at Aberdeen Aberdeen, 8. D., Feb. 27.—(7)—The Northwest Grain association is “standing pat” on its policy of pro- tected affiliated co-operatives on the price set for wheat by the federal farm board, W. J. Kuhrt, general manager, said here today. He was en route to Mobridge where with other Northwest grain officials he was to conduct the first of a series of meetings in South Dakota to out- line to farmers the plan of the fed- eral farm board and its regional or- ganizations. Kuhrt’s statement said “in view o. the national grain stabilization cor- Porations policy in regard to the buy- ing of wheat only from co-operatives affiliated with the Farmers National Grain corporation the Northwest Grain associaton wishes to announce to farmers and their co-operative ele- vator associations that it is prepared to protect them at the farm board’s stabilization prices as. an’ emergency measure. “Co-operatives may become affili- ated with the Northwest Grain asso- ciation by making application at once for one of $20 share of capital stock without further obligation until such ‘time as a permanent agreement can be perfected.” Younger Rockefeller Denies Father Takes Initiative in Policies New York, Feb, 27—()—John D. Rockefeller, today issued a state- ment denying reports that his fath- er was directing an “oil trade war.” “I.must emphatically deny,” he FARMERS 10 REPAIR. ROADS THIS SPRING ASBAD SPOTS SHOW Highway Department Adopts a New Policy; Harrows Will Smooth Rough Surfaces Hundreds of farmers living along North Dakota’s main highways, will have an opportunity this spring to do @ little work for cash under a policy announced here by Governor George F. Shafer as chairman of the state highway department. Anticipating trouble inkeepingroads in passable condition until they dry up later in the spring, it was decided it a conference between the governor and T. G. Plomasen, highway main- tenance engineer, to ask farmers along main roads to assist in the work, They will be asked to fill the bad spots with new earth and to smooth the surface by dragging a harrow over it. A harrow isn’t the most effective road maintaining machine but used at the right time it may prove more effective than a well-designed grader used at the wrong time, engineers Gang Victim Guarded After Gunman Attack On Him in Hospital Chicago, Feb. 27.—()}—A dozen po- icemen guarded Frank McErlane, “the tough one,” last night, much against his wishes. “I wish you fellows would go and jtemperature went to 103, and police were told that even if he survived it was likely he would be a cripple. One myste! ago, and he is suffering severely from the wounds that resulted from the hospital attack, LEGGE AND BOARD T0 CONTINUE IN BATTLE {Chairman of Farm Board Does Not Hesitate to ‘Face the Fireworks’ THE BISMARCK TRIBUNE. THURSDAY, FEBRUARY 27, 1980 BIELSON WRECKED BY WIND, IS BELIEF Captain Olaf Swenson Gives Version; Airmen Disagree, However Juneau, Alaska, Feb. 27.—()—Cap- tain Olaf Swenson, head of the Swen- son Fur company. believes the airplane crash in which Carl Ben Eielson and Earl Borland lost\their lives while flying from Teller, Alaska, to North Cape, Siberia, Nov. 9, last, was caused by a gust of wind which plunged the ship to the ground while Elelson was attempting to make a landing. Airmen sho have examined the wreckage disagree with Captain Swenson’s version. The flyers said Elelson evidcntly believed himself at a safe altitude when his ship struck. The altimeter registered 1,000 feet when found and the scattered wreck- age indicated to them that the ship was traveling much faster than land- peed. Captain Swenson said he believed Elelson was trying to land and that his ship was wrecked when a gust of wind caught a wing, forcing the plane down. Captain Swenson, who is en route point out. At any rate the system will be given a trial. The cost will be paid from the de- order to provide for this and other unusual work which probably must be done this spring. Reports received at the highway de- partment are that snowplows have Swept considerable metal from the highways, metal being a general term used to designate gravel or any other kind of surfacing material. In some places where snowplows have been used the roads have be- come ditches, since the snowwater accumulates in the road. The passage | », of vehicles then mixes the gravel with the earth in.the grade and much of its efficiency as a surfacing materia! is lost. As a result it is considered probable that the department may have to do more surfacing than originally was Planned. This would not only eat up the maintenance fund and make additional money necessary for that Purpose but would reduce the funds available for new construction. Kidnapers Extort © $40,000 Ransom from Banker to Free Him Granite City, Hl, Feb. 27—(}— Samuel Pershall substantiated police assertions that his father, Charles W. Pershall, wealthy Granite City bank- er and grocer, was freed by a “ransom racket mob” that had abducted him, on payment of a $40,000 tribute early lay. The son's statement followed length conferences with Chief of Po- lice Ross Johnson, who: had declared his hands were tied in the case until members 0: the family quit denying the kidnaping. State’s Attorney Alvin C. Bohm’'s said, “the statements that father has| independent investigation also was again taken the initiative in dictating | bearing fruit and will culminate in a oll policies and that it was he who] grand jury inquiry March 17. A directed standard (oil) interests to| number of local residents were sum- order @ cut in the price of Texas and; moned last night and others received mid-continent crude oil. their subpoenas today. Bohm de- Washington, Feb. 27.—(#)—Refer- ring to complaints by grain dealers on the farm board policies on grain buying, Chairman Legge of the board “still in the ring and does not hesi- tate to face the fireworks.” The farm board chairman asserted that a number of the complaints were “strikingly similar to propaganda to discredit stabilization operations.” He said the chief purpose of the A) board was to get the farmers the best possible price. Legge added that the order to limit the advanced price for out of the elevators and offering it on the market as country wheat “ an effort to get the advanced prices.” Attitude of France Toward Limitation Remains Unchanged Paris, Feb. 27.—()}—The attitude of the French government concerning limitations of naval armaments is un- changed and will remain so until a new government comes into power, naval circles learned today. This attitude was made known fol- lowing persistent reports from Lon- don and New York of a combined Anglo-American effort to reduce the French tonnage demands. from some ‘724,000 to about 500,000 tons. Even should a new government be formed eventually by of the left, it is considered in offical circles that it will be impossible for it to recede any from the figures laid down in the original French naval memor- andum issued by former Premier Tardieu. MacDonald Confident Agreement Is Nearer London, Feb. 27—(?)—Prime Min- ister MacDonald, questioned in the House of Commons whether he ex- “Naturally my father continues to| clined to discuss what information he | Pected to arrive at any international be interested in anything pertaining | had secured and also kept secret the | agreement for naval disarmament, to aoe Heiser to the develop- ment wi he gave so many years of his early life. However, since his retirement from business, more than @ quarter of a century ago, he has had nothing to do with the. operation or management of any oil company or other business, much less the de- termination of. ‘oil policies’ whether in relation to prices or anything else.” “Neither my father. nor I,” Mr. Rockefeller added, names of the witnesses. Northwest’s Leaders Consider Increasing Production of Flax Minneapolis, Feb. 27.—(?)—Agricul- tural experts, railroad representatives, bankers and business men represent- reg replied emphatically “certain- ly.” The prime minister told question: ers that the policy of the British gov- ernment at the naval conference looked to the eventual disappearance of battleships. The premier, in his reiteration of the British stand, added, however, that this aim would have to be at- tained by international agreement. “knew anything | ing Minnesota, North and South Da- | “We cannot go one pound of avoirdu- about the recent cut in crude oil| kota and Montana, wil pois beyond what the other powers Prices until we read of it in the public Priday. to faeeniate ane Fegan are prepared to do,” he said. press. The oil companies in which we are interested are managed and their business policies determined by the quality and quantity of flax pro- duction in the northwest, The conference, sponsored by the The University of Tulsa, Okla, Hopes to build up the world’s largest. their officers and directors, and not joint flax development committee of | Collection of genuine Indian relics. by their stockholders.” Columbia Chain Will Broadcast Big Fight New York, Feb. 27.—(?)—Radio listeners can get plenty of news about the Jack Sharkey-Phil Scott heavy- weight battle at Miami Beach, Fia., tonight despite the refusal of the Madison Square Garden corporation ae permit a broadcast from the ring- re. ° . A special wire will carry a report to New York for station WABC and the Columbia chain. Associated Press members have ar- Tanged other broadcasts. Some of the stations -which will carry this report are Seeo. avis: ww, sy the National Paint, Oil and Varnish association and the American Paint and Varnish Manufacturers associ- ation, will bring many authorities on flax, including agricultural college experts, according to’ F. C. Smith, of Minneapolis, vice-chairman of the joint committee. L. P. Nemzek of Parlin, N. J., chair- man of the joint committee, will be one of the principal speakers, Chicago Employes to Get Checks Saturday Chicago, Feb. 27.—(4#)—Paychecks by Saturday were virtually assured After weeks of patient waiting, the 42,000 employes of the city, county i fl t : uF ail ef i i ! to Seattle and his daughter, Marion Seattle high school girl, were on the i.e-bound fur trading vessel Nanuk at North Cape at the time of th> mis- hap. Eielson and Borland were en route to the Nanuk when their plane crashed. The Swensons recently flew from North Cape to Fairbanks. They boarded a ship at Seward. Drinking No Longer Numbers All Boys in School as One Quits Chicago, Feb. 27.—(?)—A mother’s son stood at the bar of Judge Lupe's court, Wednesday, on a charge of drunkenness, So young—he was only 15—and so cleancut was Russell Rodgers when he was called forward, that Judge Lupe said there must be a mistake. “No,” said Catharine Rodgers, a widow, “he's my boy, a high school student. He came home drunk. He told me all the boys at school get drunk.” “Russell,” said Judge Lupe, “I will release you to the custody of your mother if you will promise me not to drink again before you are 21.” “I promise,” said the boy. Judge Lupe ‘looked over the group of students present as witnesses. “You have just heard the lad make @ promise,” he said. “You all would do well to do the same.” Confessed Slayer Is Worried About Girl New York, Feb. 27.—(?)—Smiling and vigorously chewing gum, James Baker, who, police say, told them that he had committed many murders all over the world, was arraigned today on an indictment charging him with the killing of Henry Gaw, night watchman at the Guggenheim labor- atory, more than a year ago. Pleading was adjourned until Tues- day. Baker’s only concern was tha®) ably follow. his girl in Detroit would come here. “I haven't any money, but I ex to get some from the newspapers,” he told Mr. Maloney. ‘The latest Federal estimates show that there were 47,171,000 head of sheep in the United States on Janu- ary 1, 1929, These were, valued at more than $500,000,000. More than 250,000 trees were plant- ed on Montana farms in 1929. Or- ders indicate 300,000 this year. TANLAC ENDS ANOTHER CASE OF RHEUMATISM and Stemach Troubles—Hotel Man Benefits This Time Ending the suffering of 10 years in just a few weeks is going some but that’s just an example of how quickly Tanlac works in stubborn cases that never yield to other remedies. ‘No wonder so many local people are so enthusiastic about Tanlac—no wonder 1o- ‘mornings, stiff and sore all over, mostly in back and shoulders. A good powerful Medicine was needed to fix me up and Tanlac proved to beall of that. From it I got relief from all troubles, stomach tress, eat “good, sleep as good as I eat, pain, stiffness, soreness all gone. Rheuma- tlm’ in back and shoulders out. have tried out lots of medicines but Tan- Jac gave me results.” That's the story of Tanlac in 2 nutsheli—it gives results and gives them quick, for herb, bark ‘and root is a real medicine. medicines’ ises I you into buying them, but paeker settes to. tal. meticina tant backs its claims with a guarantee. At all Of Mandan Joins With N. W. Bancorporation The First National bank of Man- dan today formally announced its ac- cession to the Northwest Banc - \tion, which now controls 97 banking institutions. The First National is.one of the important banks of the state. It has @ capital of $100,000 and deposits of approximately $2,500,000. ‘The president of the bank is Joseph Hess, Other officers are J. H. New- ton, vice president; J. A. Racek, cashier; and J. F. Tavis, W. J. Wat- son and A. R. Weinhandl, assistant cashiers, SCOTT IS 8 POUNDS HEAVIER THAN JACK Briton, With Heavy Growth of Beard, Weighs 205; Shar- key Hits 197 Miami, Feb. 27.—()—Jack Sharkey, the first of the principals in tonight's heavyweight fight carnival to weigh in, scaled exactly 197 pounds at the Offices of the Miami boxing commis- sion shortly after noon. Scott tipped the beam at 205, eight pounds more than Sharkey. The Britain had nothing to say. He wore @ heavy growth of beard. FOOLED 'EM Queretaro, Mex.—Mourners who at- tended the funeral of Jose Lozano were fooled when they got to the cemetery where Jose was to be in- terred. Just as the casket was to be lowered Jose broke open the coffin and dashed away. It was found that instead of being dead he was merely suffering from a cataleptic fit. Scores 100% First National Banke | |GCUNELIER " Ti x WITHOUT COUNTRY Alien in Fargo Can't Go to France or Germany and Cannot Stay Here Fargo, N. D., Feb. 27.—(#)—Dr. Maxmilian R. Schneller is free, but he’s still a man without a country. His attorney, Leigh J. Monson, was prepared to appear before Judge An- drew Miller in federal court here to- day, to demand that a writ of ha- |beas corpus be granted, but this {move was concelled after discussion with federal authorities. Dr. Schnel- ler was freed upon agreement with the department of immigration that he would leave United States within 45 days. e But where to go? Germany, his agreed th native country, and France, where he | wasn't the right thing to do once was a citizen, both have refused | Stcve his divorce. Happy Woman Tells How She Lost 19 Pounds of Fat in 27 De: ag France, in the World war. DOG GOT HIS BED Milwaukee.— Sleeping h didn't apeal to Steve Briks, after three weeks of married If his wife, Helen, 46, he decided charged During October a woman in Mon-| matter and harmful acids and tana wrote—“My first bottle of| are expelled from the system. | ( Kruschen Salts lasted almost 4 weeks! At the same time the sto i and during that time I lost 19 pounds jer, kidneys and bowels are of fat—Kruschen is all you claim for | and the pure, fresh blood co it—I feel better than I have for | Nature's six life-giving salts are years. ried to every organ, gland, nervé” Here's the recipe that banishes fat ) fibre of the body and this is fale and brings into blossom all the na-|by “that Kruschen feeling” of £ tural attractiveness that every woman | getic health and activity that 3] Possesses, flected in bright eyes, clear Every morning take one half tea- | cheerful vivacity and " spoonful of Kruschen Salts in a glass} If you want to lose fat with of hot"water before breakfast. get an 85c bottle of Kruschen Be sure and do this every morning from Finney’s drug store or any for “It's the little daily dose that | druggist anywhere in America” takes off the fat."—Don't miss a|the distinct understanding that» morning. The Kruschen habit means must be satisfied with resultg~ that every particle of poisonous waste | money back.—Adv. ri ‘i “\cent in a health contest recently,” says Mrs. E. stepp, Box 326, Jenks, Oklahoma. nd I want to give credit where it is due. “Emma Lee was constipated several years ago and I gave her California Fig Syrup. It helped her so wonder- fully that I have used it ever since for all her upsets or colds. It has kept her strong, energetic, rugged.” Children suffer when bowels aren't regular. Breath becomes fetid; tongue coated; eyes dull. When these symptoms are neglected, biliousness, feverishness, lack of appetite invari- The first dose of California Fig Syrup relieves these symptoms and activates sluggish bowels. Successive doses help tone and strengthen weak bowels; improve appetite; encourage digestion and assimilation. Try it with a bilious, headachy, constipated child and see how it helps! The pure vegetable product, en- dorsed by doctors for 50 years, always bears the name California, So look for it when buying.—Adv. ee _MAN WANTED For Your County We have a splendid open- ing for a reliable man to sell our large line of Tea, Coffee, Extracts, Spices, and Pure Food Products. Our “Free Gift” Plan opens every door to you. You sell where others cannot. Old, established company with contract that beats all others four ways. Let us tell you how. Write THE LANGE CO. Box 703 DE PERE, WISCONSIN We Invite Public Funerals to Our Chapel This service is without addition- al cost. It is a part of the serv- ice we are pre- pared to render, W. E. Perry Phone 687 208 Fifth Street This Farm For Sale TERMS REASONABLE Will sell for less than the cost of improve ments or rent cheap to reliable party. # Clear of all encumbrances. I made $15,000 on this farm in 13 years on cattle and milk cows, starting | in with one cow the first year. Most of what have made was put back on the farm on improvements. There is a 9 room house with full basement, also electric power and lights. The house has one of the best water systems of any ‘1 home in the state, which consists of a well, 210 feet deep with a 1200 barrel reinforced com crete reservoir in the ground so it will not freeze, with pipe lines in the ground 7 feet leading to house and barn, The water tank has an elevation, 45 feet, making th¢ water pressure about the same as in Bismarck. Tht building was completed 7 years ago but was repainted, last summer. The house is surrounded by 4 acres of year-old trees. This farm is best adapted for a ranch fo the reason that there are several sections of land close by which can be rented very cheap. The location is 7 mile@ south and 3 miles east of Regan in Burleigh county. : For further information see the owner. J. J. RUE 711 Avenue A Our Rendering Plant is now operating and we are equipped to serve you promptly if the road | and weather conditions permit in hauling away _ FREE OF CHARGE All your unskinned dead animals any distance within