The Bismarck Tribune Newspaper, March 18, 1931, Page 6

MERCER CANNOT BE | FORCED 10 HELP IN BUILDING OF BRIDGE Attorney General Opines That Decision Is Up to County Commissioners Mercer county cannot be compelled to participate in the building of the “Big Bend” bridge over the Missouri river near Garrison without the ac- quiescence and participation in the project by the county's board of coun- ty commissioners, according to an opinion issued by Attorney General James Morris. ‘The opinion was in reply to a query from John Moses, Mercer county state's attorney, regarding the meas- ure passed by the recent legislature, appropriating $177,000 toward con- struction of the bridge between Mer- cer and McLean counties. Mr. Morris, in his opinion, said: “Chapter 140, session laws N. D., 1929, provides: “That before any such bridge or bridges is begun, the department of state highways shall select, approve and acquire a suitable site therefor, within the general limits or boun- daries prescribed by the state legis- lative assembly in its act appropriat- ing money for bridge construction hereunder, prepare plans and specific- ations therefor, advertise for bids, make an award or awards thereof, enter into a contract or contracts for the construction and materials there- for, approve and allow estimates for such construction and materials in the same manner and procedure as provided by law for the construction of a state highway, provided, however, that the state shall not pay more than one-third of the cost of such site and cost of construction and materials, nor shall the state pay any money from state funds in excess of any ap- propriation made by law for the site, materials, and construction of any such bridge. “Chapter 159, session laws N. D., 1927, paragraph 22, provides the pro- cedure for the construction of state highways and requires action on the part of the board of county commis- sioners acquiescing in the construc- tion of the highway and setting aside of funds out of which to pay the county’s share of the cost of the im- ement. PrpTouse bill No. 66 does not change the procedure insofar as the county is concerned and since by Chapter 140, session laws of North Dakota for 1929, the same procedure now is pro- vided for the construction of bridges that was previously provided for the construction of highways, Mercer vounty can not be compelled to partic- ipate in the building of the ‘Big Bend” bridge without acq!uiescence and participation in the project by the board of county commissioners of Mercer county. “You also ish to know whether or not the state highway commission might be able to use a portion of Mer- cer county's share or either the gaso- line tax or the motor vehicle license revenue to apply upon Mercer coun- ty’s share in the bridge and against the will of the county commissioners| Mercer county. “a would advise you that the state highway commission has no such powers now vested in it.” Ask Governor Not To Order Special Capital Election (Continued from page 1) the existing facts at the time it made the capitol construction bill an emerg- ency measure and that there has been no change in the situation since that time which would warrant the gover- nor or the capitol commission in over-riding the instructions of the body which created the capitol com- mission and made available the money for a new building. ‘The letter said the reasons for making the requests were: 1, That a special election {s un- necessary and pour be a needless ex- pense of the people’s money. 2. That delay in beginning con- struction of the building “would be very slight.” 3. That the capitol comission could make all plans and prepara- tions for the structure before the election is held and that this work would take 10 or 12 months. 4. That pursuance of the policy suggested “would obviate any neces- sity of our taking steps to secure an injunction to halt the beginning of actual building operations until after such election is held. 5. That it would “obviate any necessity of securing signatures to a referendum petition to refer the cap- itol commission bill to a vote of the people, thus doing away with the un- necessary cost and confusion which such an election would entail.” The appeal closes with a summary of the position of the Jamestown cap- itol removers as follows: “In brief, we are simply asking that the constitutional amendment pro- posed in our petition be brought be- fore the voters of the state with the least possible cost and confusion, as suggested in the petition itself, and we feel sure that you, as governor of the state, being entirely in sympathy with this objective, will so act in the appointments and advising of the! members of the capitol commission thet this objective will be obtained.” To Contrast With Grace and Power Of New Creations (Continued from page one) is the only major automobile exhibi- WRECKAGE WROUGHT BY RIOTING PRISONERS ' | of 1,100 prisoners. four of whom were wounded, two fatally. The riot started in the dining room. Scenes in the dining hall (above) and kitchen of the Illinois state penitentiary at Joliet, after the | Associated Press Photo coroner's jury conducted an investi- {gation into the deaths of two con- ri | victs—two of the three wounded dur- ainment feature Mul pe a Proeram) ing the Saturday rlot—disturbances | ‘The dance program and the names| tke out in both the old prison and f the ; the new penitentiary at Statesville. i mals who? will perdictpaye tole The coroner's jury exonerated OWS: in ela Guard Frank Cutchin for firing the wrigmecision toe dance by Audrey! puitets which proved fatal for con- danced by Jeanne Baker Lydia Lan-|‘icts Albert Harbeck and George lanced by Jeanne Baker, Lydia Lan-| ;a-owants, but their verdict was not Ser, Bernadine Barrett, Marion Peter’ returned until after Yarbeck’s sister, 3 onsets ‘anson, | trene, attacked Cutchin, scratched his Jane Smith, Vivian Coghlan, Beverly) ince ‘and screamed “rurderer” at SS |nim’ and Warden Hill. ets Go, Natives’ by Betty Lee) ‘The disturbance in the new prison Baroy ey nt Ta Tike to Make YOu! vegan when 20 convict-members of | tale kee SOULS ARAEISTEY inal the band debated whether to start a | lan; Tom Tom dance by Pegey oo riot. Five were injured. | geson; Acrobatic Capers by Bernadine} Con: fi iden t Son Can Barrett; Valse impromptu by Jane! Smith; “Hi-Kix” by Rosemary slor-| Fyolain All If He | | by; Spanish tango by Vivian Coghlan Ps and Peggy Bergeson; Rio Rita by! Will Return Home, (Continued from page 1) | Vivian Coghlan, Peggy Bergeson and} a note threatening reprisals if the in- chorus. One of the booth holders announced vestigation was not dropped. Meanwhile, the home of the banker | Tuesday that he would give an at- remained under guard with a group }of men headed by George Swenson, the specialty dance program which will be an entertainment feature Sat- urday night. Friday night's enter- tendance prize and two of the motor) dealers said they would offer motion pictures, one of them a sound produc- tion, to round out their exhibits. The automotive equipment clinic, to be given in the gymnasium of the| building by the Quanrud, Brink and) Reibold company will get under way| Thursday, a day in advance of the: opening of the show itself. A number | of garagemen and others are expected | to attend this showing as well as. a! 10-Year Sentence similar clinic to be given in its show] rooms during the period by the! Washington Court House, Ohio, Grant-Dadey company. {March 18—/P—Mal S. Daugherty, ing replaced a number of busine: men who have been watching t! place day and night. Daugherty Given State bank, convicted March 4 of mis- | appropriating the bank's funds, Wed- jnesday was sentenced to 10 years in {the Ohio penitentiary, fined $5,000 Fire and Shooting Seen by Watchers Outside of Walls nd (Continued from page 1) |” Charles Bell overruled a-motion for of the 129th infantry. Other com- | a new trial prior to passing sentence. pales were quickly mobilized at|Defense attorneys stated that they | former ‘Richland county sheriif; hav- | | former president of the defunct Ohio| |and ordered to pay the cost of pro-; Settle Minnesota School Liquor Case St. Paul, March 18—(*)—The con- legislative circles by the disciplining of 17 students for drinking on the campus of the University of Minne- sota farm school was settled Wednes- day. Sen. Henry Spindler, Buffalo, Minn., chairman of the committee named by the Minnesota state senate to in- vestigate the affair said school au- \thorities had decided 13 of the sus- pended students would be assigned summer work, either on farms or at home and upon its completion would be given diplomas. ‘Two second offenders must return to school next fall for further schol- astic work. and those expulsions will be perma- nent. Resolutions in the state house for investigation of drinking at the school appeared likely to be killed by the rules committee. FIVE MILLION SHARE DAYS MEAN SOME- THING NOW By JOHN H. VAN DEVENTER Stock market gyrations may not be reliable forecasters of coming business conditions, but recent, five million share days certainly indi- cate two things. One is that some people are willing to bet heavily on America’s future prospects and the other is that there {s still plenty of money for the stakes. A five million share day, under Present price levels, 193} AMERICA hundred million dollars or more of total buy- ing and selling for the Aurora, Kankakee, Joliet and Platt- | would appeal immediately. ville. | ‘Hanna Appointed to Chief of Detectives John W. Nor- ton dispatched two squads of police armed with machine guns to Joliet. NATIONAL GUARDSMEN ARE ORDERED TO SCNE Chiesty, are | Benjamin Hanna, former governor of Four companies of Illinois national strawn, Chicago, were added to the guards from Joliet, Kankakee, Aurora ys, Rushmore memorial commission and Plantville and one hundred state! ioday. Police were directed to entrain im-) The commission was in session here noon. ‘being carved on the face of Mount | Rushmore, South Dakota. WARDEN-BEPLSES | Mrs, Strawn is the wife of the PRISONERS’ PLEA Joliet, TIL, March 18—7}—Warden chairman of Montgomery Ward and Henry C. Hill of the state peniten- | ry, scene of recurrent disorders } . ath since Saturday, Wednesday emphati-| TOO LATE TO CIASSIVY cally rejected an informal offer of | Ger. YOUR Easter permanent wave frisoners to restore good behavior in] now. Natural looking, guaranteed return for milder treatment. j waves, $5.00. Croquinole or com- Hill said he would lock up the first} bination waves $6.50. The Califor- man who presented such a petition | nia Wave Nook, 102 Third street. into “solitary” and keep him there | indefinitely on bread and water. “I intend to run this prison without any help from prisoners,” he declar- Bismarck. Phone 762. Salting cattle and withholding wa- ter to make them take on a big fill at 5 the market is cruel and doesn’t fool Reports of the demand for “home | anyone except the breeder. Buyers rule,” came to the warden as an aft- | recognize cattle treated in this way ermath of a crowded day. While a { and bid accordingly. ry a. | Memorial Commission) 18, — (.) — Lewis , Springfield, Til, March 18—(P—‘\No;th Dakota, and Mrs. Silas H., mediately for Illinois state peniten-; ideri ; ‘considering financial problems con- | tiary by state authorities this after-|Cocted with the memozial monument | | day, figuring the aver- ag He eee ets ete Ko cash of “course, tor K WARD marginal accounts are ‘OR' still acceptable to ‘| MARCH brokers, bet it ts, sate to say thetat least half | of the hundred millions {s in real round dollars and not in 1.0.U's, During a bull market the wager- ing of fifty millions a day on the forthcoming performance of busi- ness and industry would not have much significance, Then it would merely be a case of following the leader and taking the beaten path. During boom times the beaten path is up |. But not. today. No, it is not “follow the leader ng” which has made the recent five million share days, Rather, it is the reasoned buying of the keen and courageous who’ have heard Perhaps, the rustle of, prosperity’s || skirts a’ little sooner than the rest o | us. |] "Five million share days mean |] buying by the public. ‘The profes- |} sionals have grown each other's washing, Fun up a. two milf without the aid of the “Public,” |] but not a five million share day. || And ‘this proves that the con- || sumer has the money to buy with |] right now, if he wants to use it || that way.’ ‘The public can’t be as hard up as some people make it out to be when it can reach down into | | its trouser pockets and pull out fitty million spot cash two days || hand running last week. And the public cannot be very doubtful about the business outlook when it buys stocks with the money! Copuright by United Rusiness Publiohere’ Bureau of Hoonomtcs TRANSCONTINENTAL DASH * HALTED The attempt of Cant, tra Eaker to set 2 new transcontinental air speed record matsiiand near folu, Ky. when the fuel pressure of his Lo: a fo:ced Janding. Photo shows the plane. overturned. and partly. buried half hour extricating himself from the wreckage, ¢! ye eed Vega monoplane fa’ ‘Associated Phore ended abrugtly in and he ma Eaker was a in the spongy soil. ough he suffered only minor bruises and scratches. troversy aroused in educationaY-@hd|Icans have become delinquent but Two others were expelled! da: JUDGE OF SUPREME COURT DIES INS. D. Newton D. Burch, Stricken Early Tuesday, Fails to Re- gain Consciousness Pierre, 8. D, March 18—(P)— Judge Newton D. Burch, 60, of tne state supreme court, stricken early! Tuesday by a cerebral hemorrhage, died at 7:15 a. m. Wednesday with- out regaining consciousness. | Judge Burch, whose home was in; Dallas, 5. D., is the the fifth South Dakota supreme court judge to die in Office. More than 25 years of legal work, during which he was practicing at- torney, prosecutor and circuit judge, preceded his elevation to the supreme court. He was appointed supreme court commissioner in 1925. After one year as commissioner, he was appointed supreme court judge and was elected to that position in 1928. Born June 16, 1871, in Stewartsville, Mo., Burch engaged in farming activ- | ities until he was 23. Obtaining his law degree from the University of Nebraska in 1898, he was admitted to the Nebraska bar the same year and practiced in that state seven years. From 1903 to 1907 he was county attorney of Boyd county, Nebraska. He leaves his widow and three chil- dren. Say Laxity Caused Big Loss to Bureau St. Paul, March 18,—()—Investi- | gations py the state public examiners office and by C. F. Gaarenstrom, new | secretary of the Minnesote Rural: Credit Bureau, have shown the bu- | reau lost more than $475,000 through | laxity in its tax records, Gaarenstrom said Wednesday. Gaarenstrom said the losses re- suited from permitting taxes to be- come and remain delinquent. Bureau officials listed the alleged losses as follows: $15,349 in penalties and interest on delinquent taxes; $218,594 in penalties and interest on delinquent taxes paid on farms where have not been foreclosed; $110,851 penalty loss on additional delin- quencies disclosed by the public ex- aminers’ report, overdue but not paid. To Discuss Feeding Of Groups of Steers Fargo, N. D., March 18.—(?)—Re- sults of winter feeding trials with four lots of steers fed various combina- tions of wheat and barley at the North Dakota Agricultural college will be discussed at a beef feeders day at the college March 28, E. J. Thomp- son, chairman of the animal hus- bandry division, announced Wednes- Ys It is expected a large number of breeders from Cass and neighboring THE BISMARCK TRIBUNE, WEDNESDAY, MARCH 18, 1981 LOVE IN A KITCHENETTE Now that Eugene V. Brewster's millions have vanished, he hel his thied wife, the former Corliss Palmer, southern beauty and screen pa ha pein their modest Hollywood bungalow. Brewster, ice rated at 5 made in magazine 4 his fortune with a new novel he hae written, num hopes to recoup OTHE NATURE'S CURIO SHOP Lh HINE A SUMMONS=CALL, A BIROLIKE WHISTLE THAT (6 USED To COMMUNICATE WITH ONE ANOTHER, DURING MOVEMENTS (N_WHICH STEALTH IS REQUIRED. THERE (S A CLUSTER OF PAINT STARS, KNOWN ONLY AS CATALOG NO. NGC 7006, THAT (5° SO FAR AWAY FROM OUR, EARTH THAT IT TAKES 220 O00 YEARS Uh Sa counties will attend. Wild grape, clematis, Virginia creeper and bittersweet’ are climbing vines recommended for planting in North Dakota. FOR LIGHT TO COME FROM IT TO US. FIGURED IN DISTANCE IT WOULD OE 4,293,572, 675, OOD, OOQ O00 MILES. [0.1291 BY NEA SERVICE, Ime Zi FEDERAL NOME SHOWS BIG DROP Collections for First Day of In- come Tax Returns Fall Be- low Those of Last Year Washington, March 18—(?}—The first day’s collections of income tax on the 1930 income dropped $5,000,- 060 as compared to the first day of a year ago. The tax report Monday March 16, was $13,100,362 as com- pared with $18,148,963 last year on March 15. ‘The decrease, however, was not ac- cepted by treasury officials as indica- tive of the general trend the collec- tions will take. The amount covered only that portion of income tax for which checks had been deposited be- fore 10 o'clock Monday morning. Due to March 15 falling on Sun- day, tax payers had until mid-night Monday to make returns and offi- cials felt it would be impossible to gauge the flow of income until re- ports for the remainder of the week have been received. Monday payments brought the in- come tax collections for the month to $58,124,904.85 as compared with $67,507,962 for the same period last year. For the fiscal year, the col- Iections have totaled $1,229,555,929 as compared with $1,320,142,103 in the 1930 fiscal year. At the close of business on March 16, the t%easury had a deficit of $437,515,713, having collected $2,206,- 362,119 and having spent $2,643,877,- 832. The collections compared with $2,- 493,589,964 in the same period of the | Preceding fiscal year and the expend- itures compared with $2,732,717,158. In addition to the drop in income tax collections, customs collections for tite present fiscal year have dropped to $274,331,039 as compared with $401,315,168 in the same period of last year. Miscellaneous receipts al- 13 declined to $403,087,056 from $441,- 53,119. McKenzie Bond Issue _ Appears a Certainty Watford City, N. D., March 18—(?) —With returns from 31 of 57 pre- cincts in McKenzie county received, there were indications Wednesday that the voters Tuesday approved a bond issue of $100,000 for construct- ing highways. The vote’ in the 31 precincts was 1,128 for the bond issue and 457 against. The $100,000 would be used for matching state and federal aid, and would make available to McKenzie county a total of $400,000 for road building purposes. pa ee, i City-County News | W. F. Burnett, Fargo, attorney, is transacting business in the city. T. H. Longwey, Minneapolis, aero- nautic inspector for the department jof commerce, and Charles L. Walker, | Chicago, aviation expert, are here to |conduct examinations for pilots. | + THE ART METAL LINE . . . FIRE SAFES . SECTIONAL FILES . . The MOUNT VERNON at Prices Attractively Low ‘The WILLIAM PENN announcing... . desks fine important executive, yet pri desk, paneled-end table attractively rounded tops a trations and prices .. . or The NEW YORKER Three Luxurious New ART METAL DESKS LLIAM PENN! Mount Vernoni New Yorker! These are the names of a new trio of desks that Art Metal is enough for an iced so low you can easily buy them for the general office. There are four styles of each... single or double pedestal flat top, typewriter ... all with nd legs, turned or fluted footings, interesting mouldings. We'll be glad to send you illus- show you the complete line of new Art Metal desks- The Bismarck Tribune - BISMARCK, NORTH DAKOTA . -EXCLUSIVE AGENTS STORAGE CABINETS . . . DESKS . + PLAN FILES . . . UPRIGHT UNIT FILES . . . COUNTER HEIGHT SHELVING ... ES . . . POSTINDEX VISIBLE FILES HORIZONTAL ! al % » oa + Va | ‘ % \ ® % eqs edi. {