The Bismarck Tribune Newspaper, March 16, 1931, Page 7

Ree i ~ - —— DOG TAX MEASURE RULED EMERGENCY BY JAMES MORRIS; Attorney General Says It Is Nott Necessary for Clause to Be in Title Attorney General James Morris Monday ruled that the “dog tax bill,” passed by the 1931 legislature, is an emergency measure, although the title of the bill fails to designate it as emergency legislation. The proposal, which imposes a state tax of $1 on dogs, becomes effective immediately by virtue of an emerg- ency measure. It already has received the approval of Governor George F. Shafer and has been filed with the secretary of state. Replying to an inquiry from lver A. Acker, state tax. commissioner, Mr. Morris said that the emergency clause to the measure, house bill 119, is effective “even though it is not mentioned in the title of the act.” The attorney general called atten- tion to the provision in the state con- stitution that “no bill shall @nbrace more than one subject, which shall be expressed in its title, but a bill which violates this provision shall be invalidated thereby only as to 50 much thereof as shall not be so ex- pressed.” The emergency clause is not a part of the subject of the act, the opinion stated. The clause is “merely a designation of the time at which the act shall be- come effective,” Mr. Morris ruled, and the emergency provision is not, there- fore required by the constitution to be mentioned in the title. Leo Brothers on Trial for Murder Of Alfred Lingle (Continued from page one) gang leader, Joe Aiello, Patsy Tardi and Frankie Marco had a hand in the slaying. Frank Bell, awaiting trial for mur- der, told coroner's jury that he and Richard Sullivan were accomplices in Lingle’s death. Prosecutors disbe- Meved him. During 1930, 1,668 North Dakota women served as officers of Home- makers clubs; 554 women acted as Project leaders relaying to. their clubs information received at county training ‘meetings. State Tournament Drawings Made by Gov. Geo. F. Shafer (Corttinued from page 1) Mayville vs. Grafton; Region F— ‘Walsh County Aggies vs. Devils Lake; Region G—Minot vs. Cando; Region H—Powers Lake vs. Crosby. Adherents of the Bismarck and Mandan teams were happy at the re- sults of the draw and were prericting that the team representating this area would participate in the cham- Pionship game. * Upper Half Is Strongest The wihner of the Minot - Cando game was seen as the only other strong entrant in the lower half of the draw, where as the winners of the Fargo-Wahpeton, Valley City-James- town and Devils Lake-Walsh County Aggie games will be grouped in the upper half. The first game of the state tourna- ment, to be played in Bismarck’s new World war memorial building, will start at 3 p. m., March 27, and the evening games will start at 7:30 p. m. ‘The semi-final contests will be played at 10 o'clock on the morning of March 28. The game to determine if Bismarck or Mandan will represent Region C will be played Saturday night, March 21, at Mandan at 8:30 o'clock, central standard time. H. O. Saxvik, tournament superin- tendent, said Monday that J. %. Nich- ols, Minneapolis, and F. E. Wytten- bach, Aberdeen, 8. D., would officiate at the state tournament. They are well known to North Dakota fans, having jofficiated at, the 1930 tourna- ment and at other state tournaments in previous years. Nichols is a graduate of the Kansas State Teachers’ college and Wytten- bach of the Vnlversily, of North Da- kota. 23-Year-Old Man Faces Kidnaping, Extortion Counts (Continued from page 1) man blinking a flashlight, the banker tossed the money out of the car and continued an to Fargo. Called Mrs. Leach He called Mrs. Leach to tell her he was safe. He was told his mother had died in California and the body was being taken to Chicago. Mr.and Mrs. Leach went to Chicago for the funeral. On May 26, the Walpeton bank was held up and robbed: The <.udit fol- lowed. Bank association detectives and private operatives started an in- vestigation. ‘The trail ts alleged to have Jed to a Wahpeton man, who, it was learned had deposited $23,800 in a Twin Cities bank, purchased. an. airplane, two automobiles anc: other expensive ar- ticles. - With the tossing of ‘the coal * through the Leach-home March 7, authorities placed a guard there and redoubled efforts to find the alleged Kidnaper. Warrants charging kid- ald end extortion were issued Sat- The man sought was last reported seen here last Sunday and at a farm four ane aaa miles west of here Walter Gordon, Minneapolis, head of a private detective agency is in charge of the investigation. Offer $1,000 Reward While local business men and ‘friends guarded the home of O. A. ‘Leach, local banker and civic leader, a reward of $1,000 was offered for the arrest of Bjornson. Checking the affairs of the youth who is sought, detectives asserted they learned he paid off the mortgage “on his parents’ farm, bought them a city home, and an auto- miobile for them and a car and air- plane for himselt. Questioned by a Twin City banker about the source of ‘his funds after depokited $93,800 tn @ Minneapolis beak tote ‘use after Leach tossed a can colette the"$25,000 ‘from his: car near here, the youth said he earned it in the contracting business in this vicinity. He also told stories of having a gold mine, Richland county officers said he cashed a $3,500 check at @ local pen a Wednesday and left for a! esota community to visit rela- tives ‘They have been ungble to trace hin and believe he has fled to Canada or Mexico. ‘CTIVE MAKES Visit IN FarGo veer, N. D,, March 16—(@)—wal- ter Gordon, head of the Minneapolis detective agency investigatitig the ex- tortion of $25,000 from O. A. Leach, Wahpetoh banker, was in argo Sat- urday night. Questioned by Chief of Police Charles Albright, he said “I am work- ing on @ hot case.” He refused to divulge any information but indicated he believed Bjornson to be hiding in Fargo, Descriptions of Bpornson were broadcast Monday by the North Da- kota Bankers association as follows: Height: Five feet seven inches. Weight: 145 pounds; ‘complexion raedium fair, “He sometimes lisps,” the descrip- tion concludes, Alfalfa Fete at Fessenden Draws Large Attendance (Continued from page 1) schwander and Ardelle Rudel were train becrers, while Bobby Rudel was crown bearer. The event is sponsored annually by ‘the local Lions club, businessmen of the city and County Agent Edward ‘W. Vancura, Commenting on the increased in- terest in alfalfa by Wells county farmers, Vancura, in a spech at the coronation ceremony, said the boost in acreage for this crop was 2,100 last year and the Prospect is for an in- crease of 2,500 acres in 1931. “Alfalta is an important link in the crop rotation scheme of Wells county,” Vancura said. “It is a vital link in the feed problem of the Wells count? livestock industry. Severe drought during the last two years has injured alfalfa very materially, yet, in spite of this handicap, the farmers are not at all discouraged, but are, instead, more than ever con- vinced that alfalfa must be grown to complete the link in Wells county livestock feeds.” The farmers of Wells county are going to cut their wheat acreage about 20 per cent. This surplus acre- age will be planted to feed crops, of which alfalfa, sweet clover, and corn will play a very important part. Forty-two silos were built in Wells county last year and fully that many more will be built this year, judging from the inquiries made at the county agent's office this winter and spring. With this slow, systematic change of fariing by the decrease of wheat acreage and the increase of silage and alfalfa hay and other livestock feed crops, the farmers of Wells county are more than ever determined to stave eff the effects of the present economic depression until a better day comes. Fire of--Governor Drawn by Bill to Cut Mileage Fees (Continued from page 1) ; mated amount of money required to operate and maintain such depart- ment. or institution during the en- suing biennium, The report of the budget board thereon is intended to serve as @ guide to the legislature in making ap- propriations from the state treasury, in order that the legislature may moré intelligently distribute the available revenues of the state among the sev- eral state departments and state in- stitutions and to prevent unnecessary or extravagant appropriations Don't Use Tax Money “Inasmuch as the state hail insur- ance department is not supported in whole or in part from the state treas- ury, or by general taxation, but from hail insurance premiums exclusively, there is no object to be served in re- quiring its annual expenses to come under the budget law, or to be made a matter of biennial legislative ap- Propriation. “How much or how little its operat- ing expenses may be each year in no way affects the general funds of the State or the state tax levy. “Then, too, the total operating ex- Penses of this department fluctuate considerably from year to year, de- Pending upon the number of hail claims filed each year. Its total ope- rating expenses have varied from $128,000 to $200,000 in different years, received. It would, I believe, be dif- ficult, if not impossible, for either the budget board or the legislature to estimate the probable required ope- rating expenses of this department for a period of two years ahead, and. the legislature would, of necessity, be onliged to permit considerable leeway to take care of seasonal fluctations. This necessity would defeat any pur- Pose of economy intended to be ac- ooaplahet by the budget law. “In my opinion, no useful purpose will be served by this bill, while its; enactment would, I believe, cquse in- convenience to the department in the orderly conduct of its business.” Raps Mileage Fee Cut Sheriff’s Mileage—‘I herewith file bill No, 3 wabeat my approval. measure reduces the nilleage allowed sheriffs and deputies ior travel upon official business by mo- tor vehicle or team from 20 cents per mile to 16 cents per mile, and for travel by rail fromt 10 cents per mile to elght cents per mile. I feel that this reduction is unjust to the sheriffs and their deputies under’ existing travel conditions in North Dakota. |: The sheriff of each county is the chief peace officer of his county. He is chargeable with the duty of en- forcing all the criminal laws and ap- prehending, at all times and under all conditions, all criminal offenders. He, and his deputies, must travel, under the call of duty, at any time of day or night, during winter and summer. Much of their travel must necessarily be on highways or roads | See that are untinproved. During each winter some ‘part of the state is blanketed with heavy snow, blocking the highways for weeks and months at a time, making travel by motor vehicle in those sections impossible and forcing the sheriff's office to travel by horse drawn vehicles. expense of travel, elther by motor vehicle or horse drawn vehicles, under. those conditions considerably exceed the present mileage allowance. : THE BISMARCK TRIBUNE, MONDAY, MARCH 16, 1931 “The proposed bill would impose an extraordinary hardship on deputy sher!ffs, whose salaries, as limited law, are now ridiculously low. The law limits the salaries of deputies to $100 per month, the chief deputies’ $110 per month in all counties the Population of which does not exceed 18,000, which includes most of the counties of the state. “I do not believe that it is either good economy or good policy to dis- courage peace officers of the state in performahce of their duties by re- ducing the travel allowance provided below the present rate.” Bill Held ‘Unwise’ Delinqu linquent tax collections—“I re- turn herewith senate bill No. 185 without my approval for the following Teasons; “The present law, which this bill amends (Section 2173, C. L. 1913), au- thorizes the board of county commis- stoners’ to contract with the sheriff to collect delinquent personal prop- erty taxes on a percentage basis in eu- cf, or in addition to, his com- pensation provided by law. . Senate bill No. 185 would amend this statute to provide that any sheriff who has received such contract, may employ one or more special deputies to col- lect such personal property taxes and be paid for his services under the percentage contract held by the sher- iff, provided that such percentage compensation must be in lieu of mile- age otherwise allowed by law. “The duty of collecting delinquent Personal property taxes is a regular official duty now devolving upon the sheriff by law, for the performance of which he ‘is entitled to receive the usual compensation provided by law. It is a responsibility which calls for tact and diligence on the part of the sheriff. I do-not think it would be wise to permit this responsibility to be delegated to special deputies to act 4 tax collectors on a percentage basis, and it is questionable whether the county would profit by such arrange- ment. In any event, I feel that the rroposed bill is not an improvement on the present law.” Edward Wyttenbach Dies in Valley City Valley City, N. D. Edward Wyttenbach, 67, general con- tractor here for the last 28 years, died at Rochester, Minn., Saturday night. He leaves his widow and three chil- dren, Frank, Aberdeen, S, D., and Fred and-Nellie. Funeral services will be held here Wedensday. Oregon Plans Briquet Plant Like Lehigh’s Announcement of the incorporation of a two million dollar company for carbonizing and briquetting coal in by Charles Peter, operator of similar plants in Lehigh, N. D., and Saskat- chewan, Canada. Peter said work on the $1,200,000 Lurgi carbonization plant to be built at Empire, near here, will start with- within a year. The plant will have @ capacity of 1,500 tons of briquets daily. Fargoans Leave for B. Garberg, United States district at- torney, U. L. Burdick, his assistant, and Francis Murphy left Sunday for Kansas City to argue the Lee Dillage- Edward Norris liquor case appeal be- fore the United States circuit court of appeals Tuesday. Murphy represents Dillage and Norris, convicted in federal court at Grand Forks last fall under the Jones law. Dillage was sentenced to two and a half years at Leavenworth and Norris five years. Both are at liberty under $10,000 bond. spring in an action known as the “Fargo liquor truck case.” —Dillage resides at Lignite and Norris bat | Minot. Suspended Students Barred at Services St. Paul, March 16—()—Baccalaure- ate services were held Sunday night in the auditorium at the University of Minnesota farm school for 100 sen- iors at the institution, but 13 seniors who are among 17 students involved in Hquor drinking episodes, were not permitted to attend with the rest of the class. Fifteen of the students were sus- pended for drinking, while twe were expelled for bootlegging. The services were orderly and re- ports that some students might walk out in protest of the action against their fellow-classmen, failed to ma- according to the volume of hati claims| terialize. SLOPE BOYS HONORED Three Missouri Slope boys, students at the University of North Dakota, were honored by gaining places on the mythical university all - campus basketball team. Honored by selec- tions were Ben Jacobson, Bismarck, at forward; Earl Bigler, Bismacck, at guard; and Gerald Brown, Hettinger, at forward. Chiffon hose reduced to $1.35, $1.25, $1.00. All sizes and popular colors. Rose Shop. TOO LATE TO CLASSIFY GET YOUR Easter permanent wave now. Natural looking, guaranteed waves, $5.00. Croquinole or com- bination waves $6.50. The Califor- Wave Nook, 102 Third street, Phone 782. FOR RENT—Two room modern fur- nished apartment. Phone 1632 or call at 227 W. Thayer. Upset Not Serious If Bowels Get This Help ‘When you're out-of-sorts, headachy, dizzy, bilious, with coated tongue, bad breath, no appetite or energy—don’t worry. It's probably constipation. Take a candy cascaret tonight and see how quickly your trouble clears up. No more headache; no gas on stomach or bowels. Appetite im- proves; digestion is encouraged. Take another tomorrow night and the next night. Get every bit of the souring waste out of your system. Then see how bowel action is regular and com- The | plete. Cascarets are made from “ascara, which doctors agree actually strength- ens bowel muscles. Ten cents at all drug stores—Advertisement. PIERCE COUNTY MAN March 16.—(®)— | Marshfield, Ore., March 16.—(?)— Coos Bay was made here Saturday | % in 30 days and will be completed | Dillage-Norris Case; Fargo, N. D., March 16.—(#)—Peter | The two were found guilty last |j ADMITS HE BURNED BLEVATOR AT SELZ P. A. Lindemann Also Is Being Held on Charges of Forg- ery, Embezzlement Announcement that P. A. Linde-| mann, manager and ‘buyer for the Selz Farmers Grain company at Selz, Pierce county, had confessed to burn- ing the eievator there last Dec. 15 Barnes, deputy state fire marshal. Lindemann, in addition to the ar- son charge, is being held on charges of embezzlement and forgery, Barnes said. In his confession, Lindemann is said to have admitted that he shipped grain from the elevator to a Minne- apolis commission house and used the proceeds in connection speculation on the grain market. The alleged forgeries were committed in connec- tion with these deals. was made here Monday by Frank | an elevator at Elizabeth, Cass coun- ty, several years ago, the place burn- ed, Barnes said. At the time of the Selz fire, Linde- mann claimed the elevator contained 16,000 bushels of grain. The salvage indicated, however, that the amount was considerably less and an inves- tigation was made. Barnes said E. W. Beardsley of the ‘Western Adjustment company, Sher- | iff O, M. Rohrer of Pierce county and the elevator division of the state rail- Toad board cooperated in the investi- | gation which led to Lindemann’s ar- | vest and confession. Lindemann, who is married and has | several children, is held in the jail at | Rugby without bond. Linton Boy to Head U ©ngineers’ Day | Grand Forks, N. S) Thomas Barger, Linton, student at) the University of North Dakota, has been named Chief Engineer for the annual celebration of the university | engineering school. will have charge of the Engineers’ ball which will climax the Engineer- ing school celebration. Vaaler will jbe assisted by Eugene Sperry, Bis- marck chairman of the decorations While Lindemann was manager of | committee, Fred Loy, Stanton, will also assist with the program. DOCTOR WITNESS IN OREGON TRIAL Was Called to Attend Mrs. Bowles, Stabbed in Miss Louck’s Apartment Hillsboro, Ore., March’ 16.—(?)—| Dr. Paul B. Cooper was to take the stand Monday in the trial of Nelson C. Bowles, Portland capitalist, and Irma G. Loucks, his former stenogra- pher, for the murder of Mrs. Bowles. Dr. Cooper was called to attend Mrs, Bowles when she either was stal {or stabbed herself in Miss Loucks’ March 16.— | apartment in Portland Nov. 12. His testimony was awaited with in- terest because, authorities charge, he has two different stories of the affair. In the first version, police said, he told them Mrs. Bowles lived for 20 Adrian W. Vaaler, Grand Forks, | minutes after his arrival, whereas in a later statement he sald she died @ minute or two after his arrival. Tilness of seven jurors from influen- | za interrupted the trial last Wednes-| day. The court continued the case un- til Monday. In the interim Bowles suffered a mild attack of the malady. i 2 10. 6— NO. 7— SALE STARTS At 2:30 o’Clock P. M. DON’T MISS THIS SALE a 2: — 1930 FORD A TOWN SEDAN NO. 3— 1980 FORD A TUDOR—ALMOST NEW 10. 4— 1928 FORD A STANDARD COUPE NO. 5— ; 1929 FORD A TUDOR 1929 FORD A TUDOR 1925 FORD COUPE 1929 FORD A CABRIOLET NO. N NO. &— NO. 9— 1929 CHEVROLET 6 COACH NO. 10— FORD A PICKUP MILLIONS OF MILES OF CARE-FREE MOTORING IN THIS BUNCH, YET YOU Set THEM AT YOUR OWN PRICE. AUTOMOBILE AUCTION Saturday, March 21 No Tricks Every Car Guaranteed to be as Represented. You take no chances with us. Our reputation for fair dealing 30 P. M. protects you. Crowds will be tremendous so come early to get your spot near the front. PAY AS YOU RIDE IN THE CAR YOU BUY AT YOUR OWN PRICE List of Cars to be Sold Includes 1930- -JUST LIKE NEW-FORD A TUDOR BRING THE LADIES The auction will be con- ducted in a gentlemanly manner, Nothing to of- fend the most fastidious, No “By Bidders” No Trick Stuff Fair and Square Selling Only TERMS New Cars 1-3 Down Used Cars 40% Down Balance Easy Payments A $5.00 Auction Fee for Each Car Sold CARS ON DIS- PLAY NOW At Western Auto Com- pany. Come, select your automobile, then bid on it. Fun and Profit, Too! Cars on Display Now at WESTERN AUTO COMPANY pa RAIN OR SHINE WE'LL GO AHEAD DON’T MISS IT “Mandan, North Dakota E. P. CURTIS, Auctioneer Nothing stops us now that we are determined to let go of this big group of automobiles. Highway Equipment Bids Being Opene at were Poo ‘virtually recovered Sunday. Attempted: Arrest poe Costs Three Lives| noxefce equisment wis in pte eae eress Monticello, Ifd., March 16.—(7)—A sheriff's attempt to arrest two broth- ers for bank robbery resulted in death to all three from gunfire at the home of the suspects’ mother north of here | Sunday. Ray ‘Fisher, 40, sheriff of White ‘county, was shot in the head and Killed by Scott Talbutt, 43, as he started to read a warrant of the Tip- Pecanoe county circuit court. Then, officers said, Talbutt shot to death his brother, William Talbutt, 34, and committed suicide. Deputy Sheriff Barney Ireland, who ‘accom| Fisher unarmed, was shot through the hand as he fled. As he ran to a neighbor’s home, he said, he heard two other shots which may have been the ones fatal to the Tal- butts. ed industrial wheel type happens en pneumatic tired wheel type m David Heinan Admits Holdup Tale Was Lie Grand Forks, N. D., March 16—(?) —David Heinan, Grand Forks sales- man charged with embezzlement, was} said by authorities Monday to have confessed that he inflicted a wound in his arm in an effort to:cover up) shortages in his accounts. elnan, to Sheriff Ed Hough of Grand county, ad- mitted that his story of being at- tacked by bandits near Solol, Minn.,| Thursday was a fabrication, Chiffon hose- reduced fa $1.35, $1.25, $1.00. All and popular colors. Rose Shop BARBER IS ‘GENTLE’ Shanghai, March 16.—(7)—Any old |corner in a gale suits the itinerant | barber. On the coldest days he sets up his pole on the sidewalk, rubs ice | water in the customer's beard and Polishes him off with a razor that resembles an inverted chisel. Lather | is an extravagance. A CAR AT YOUR OWN PRICE BE HERE EARLY SATURDAY No By Bidding More of the Cars to Be Offered at Auction 1925 CHEVROLET COACH 1925 FORD T TRUCK ONE 142 Ton INTERNATIONAL TRUCK 1925 FORD T COUPE 1928 ESSEX COACH RICKENBAKER SEDAN ESSEX COACH 1924 FORD ROADSTER ::: FORD PICKUP 1928 BUICK SEDAN: 1929 PONTIAC SEDAN AND 44 OTHERS YOUR CAR IS HERE. COME ON. DRIVE HOME A DANDY CAR AT OWN PRICE. =~ a AS TREN