The Bismarck Tribune Newspaper, April 29, 1931, Page 6

BS °8 Pahue \ RANSOM WAS PAID KELLEY KIDNAPERS Seek Illinois Gangsters Despite Denials Made by St. Louis Physician St. Louis, April Genials from the victim, members of | his family, and his close friends, po- | lice Wednesday were working on a} theory @ substantial ransom was paid for the relase Tuesday of Dr. im | D. Kelley, Jr., prominent physician. Three gangsters, all former mem- here, but now allegedly allied with the equally notorious Shelton gang in ern Illinois, were being sought. ¢ believed the gangsteis, who red from their coustomary at about the time of the kid-j bduction. Dr. Ke’ 's description of one o! bductors as “well educated, prob- | ably a university graduate,” started | police in pursuit of the gangster trio. | One of the men sought is of good education, while another is wanted by government authorities on a seri-| ous charge. Investigators counted on litle aid} from Dr. Kelley. He said he was un-| able to describe the men because they mostly kept him blinded by taped| goggles when they were in his pres- ence, or were masked when he was| not wearing the goggles. Police were anxious to see three let- | ters Dr. Kelley said he wrote to his wife while he was held captive. A detective called at the Kelley home Tuesday night, hoping to see the let- ters but was told all members of the family were so fatigued that rest was imperative. FARMER INROWBOAT FIGHTS WITH POLICE Sharpshooter Holds Officials at! Bay Six Hours; Gunfire Sinks His Boat H London, April 29.—(?\—John Har- rity, 55-year-old farmer charged witn| the murder of Annie Tinney, 36, was lodged in a prison cell Wednesday to await trial after a bitter but futile; fight to escape capture. Harrity, a noted sporting shot, em- barked with a shotgun Tuesdav in a rowboat in the Slough Swilly, Donegal ; county, and for six hours held a large force of pursuers at bay until his boat was shot to pieces and sank. A Rathmullan dispatch to the Daily Express said that when four! civic guards rowed after him he kept up a lively fire until all four were wounded. Meanwhile people ashore phoned to the Bucrana barracks, a} few miles distant, for soldiers, and a} tives from Kilkenny started to| help the wounded guard who, not- withstanding their injuries main-| tained a fire upon the fugitive. When | the three boats came within range | they poured a stream of rifle bullets into Harrity’s boat. | The beleaguered man continued re- | loading his gun and returning the| fire until the riddled boat sank be- neath him, when the pursuers closed tn and brought him ashore. Harrity Was slightly wounded. Beginning Work on = Employment Bureau Grand Forks, N. D., April 29.—(?)\— A centralized tederal employment service for North Dakota is being or- ganized by Roland A _ Rottweiler, Grand Forks, to furnish information concerning various types of employ- ment .nd to assist men and women in obtaining profitable work. The recently appointed state director of employment for North Dakota re- turned here Wednesday from confer- ences in Washington at which John R. Alpine, supervising director of the United States employment service, outlined organization plans to. di rectors named recently for every state. Ouster Suit Brought Against FarmCompany Topeka, Ki April 29.—()—The iirst of a st of ouster suits which Roland Boynton, attorney general, said would be filed against farming corporations was brought in state su- preme court here Tuesday against ‘he wheat farming company. Action was taken in conformance with a resolution passed by the Kan- sas house of representatives at a re- cent session. The legislature also passed a law forbidding the issuance of charters to farm corporations. Attorney General Boynton sought the ouster on the ground the wheat farming company was engaged in ‘ousiness not provided for by law. The concern is reputed to control 70,000 acres of land in western Kansas. Stop Brazil Riots * Without Bloodshed Rio de Janeiro, April 29.—(%)—Dis- | turbances in Sao Paulo, coffee capital of the world, Tuesday were declared by nave been “checked without blood- shed.” . Disquieting rumors of trouble in the southern city, second largest in Brazil, were met by an official statement of Dr. Afranio do Mello Franco, which said: “Administrative reforms caused a movement of indiscipline among po- lice quartered at the headquarters in S20 Paulo. “The movement, which was not po- litical in character. was promptly ehecked without bloodshed. Banks and commerce functioning normally.” a SS OFFICIALS BELIEVE. | (P}—Despite | Armour to Institute ‘Armour a day announced a * ing 3,400 employes. jemployment conditions. [NEGOTIATIONS FOR ” PRAGE IN MADEIRA BEING CARRIED ON bers of the notorious Cuckoo. ganz|Both Portuguese and Rebels| Claim Victories in Most Re- cent Fighting Lisbon, Portugal, April 29—(A)— , have definite knowledge Of The expeditionary force sent to bring | | Punchal, Madeira, where an insurgent | government has been set up, back un- der the’Lisbon authority, held its at- | tack Wednesday while negotiations looking to an armistice procecced. After two days of desultory fighting the time limit of’ an ultimatum sent by the Lisbon force was extended be- yond the original hour of 5 p. m. Tuesday, after the bishop of Funchal had been taken out to the converted flagship Carvalho Araujo with terms under which there could be a cessa- tion of fighting. Government information here said the rebel terms were refused by the minister of marine, Admiral Magal- haes Correia, who heads the expedi- tionary force. There was some question here about. the previous course of fighting. The government claimed that in an artil- lery duel between the gunboats and island artillery Tuesday severa! island batteries were silenced and the posi- tions evacuated by the rebels, Sea- planes, flying over Funchal, were said to have destroyed the wireless sta- tion and scored several other hits with their bombs. Rebel sources claimed that the fighting of the preceding day had been an insurgent victory and that a landing party at Sao Lourenco had been repulsed with heavy olss¢s, and leaving 100 prisoners behind in the insurgents’ hands. Funchal ccclared a holiday to celebrate the vic'ory. Member of Cabinet Gives Views Before Commercial Group (Continued from page one) than it has: That already there are some indications the present situa- tion is being corrected. He pointed out that the “severity of depressions has been becoming greater ‘n recent decades, and this emphasizes the necessity of efforts ‘or control. Business Trend Upward ‘The trend of business at present is definitely upward, William Butter- worth, president of the Chamber of | Commerce of the United States, said ‘Wednesday. In an address opening the annual meeting of the organization he said that the number of industries that can look forward confidently is grow- ing, many of them being industries which reflect into the condition of other industries and other fields of business, and “improvements are ap- pearing in the news of the hour.” “The inherent strength of our econ- omic position has been proved,” he asserted. “Industries which were de- pressed have shown a record of pro- blems resolutely faced, so that for many of them it was a period in which difficulties of many sorts were liquidated, thus leaving those indus- tries in position to face their future without a burden of maladjustments which, but for this time of liquida- tion, might have proved continuing handicaps.” “The activities of the national chamber and its constituent members reveal that organized business is go- ug forward, that the ties linking bus- ness men in mutual effort have been more strongly welded, that recent conditions have served to strengthen their collective leadership,” he said. “It is this sort of intelligent and unremitting effort that confirms the faith of all those who belive in or- aerly economic advance in the strength and wisdom of our present economic and social policy.” He said the subject of the conven- tion was “business leadership and the Public” and that important problems of foreign trade, public finance, cred- it, trust laws and factors of stability would be considered. Siamese King and Queen Are Guests Of U. S. President (Continued fron page one) Five-Day Work Week Kansas City, Kas. April 29)! company officials Tues-! e-day week work- schedule for the packing plants They described the |new program as an experiment having j lin view economy and betterment cf! ] EX-KING, BUT | THE BISMARCK TRIBUNE, WEDNESDAY, ‘APRIL 29, 1981 STILL SMILING Associated Presa Photo Alfonso de Bourbon, former king of Spain, had a smile for admirers as he raised his hat to acknowledge greetings in Marseilles. He is shown leaving his hotel for Paris to join his wife and children in exile, Still Operators Given Sentences In Federal Court (Continued from page one) would be sent either to Atlanta or Leavenworth. Judge Miller Monday morning granted a stay of execution of sent- ence to all of the defendants with the exception of Feist, whose application for 60 days time before commencing to serve his term was denied. Tom and Irvin Asbridge were granted stays of 90 days; Fettig, 60 days; Gut- terman, Weil and Saxon, 30 days; and Sovat ‘was given a stay until the expiration of the present court term. Two Morton county men were giv- nm jail sentences Monday when they Pleaded guilty to violations of the li- Guor laws and a third changed his Plea from not guilty to guilty. W. H. McCormick was sentenced to six months in the Cass county jail and Henry E. Smith was given 30 days in the Morton county jail. Vern Gard- ner altered his plea from not guilty to guilty. Men and Equipment Rushed to Scene of Oklahoma Tragedy (Continued from page one) ing scene as men died in the fire and related incidents of heroism. There was the case of Driller Mur- dock, caught on the floor of the rig, who thought of his pal, Virgil Woltz, second driller, and made a mad rush to extricate him from the flames. Massey told of that incident. He was standing on the runway when the tiny spark of undetermined ori- gin set the funeral pyre. Only a min- ute before, Murdock had handed him jus watch and said: “Pat, hold this for me, I don’t want to get oil on it.” Murdock walked back down the run- way to the floor of the rig and never | came out. Find Woltz's Body Whether Murdock got his pal, Woltz, off the rig no one knew, but they picked up Woltz’s charred, blackened body five hours later far from the fire. : There was the wife of Murdock, with her 13-months-old babe in one arm and the three-year-old girl by a hand. From her front veranda, the roustabouts said, she could see the reflection on the sky through the night. All of the men who perished were young save one—McCasland Sr., who died with his son. Most of them were under 30, all of them married and several had families. There were 14 men on the job when the fire gushed forth from the well, which was brought in Sunday night and had been running wild for 30 hours. Glenn Haroun, field superintendent, was standing near his brother, Bill, one of the drillers burned to death. He rushed to aid his other men, as some were able to run from the der- rick floor, their clothes in flames. Other wells in the new east Texas field were in no danger unless gales should blow. | INVESTIGATE ALLEGED ‘COMMUNIST CONSPI | Tyler, Texas, April 29.—(.?)}—Sincl: Oil company officials here said Wed: jmesday that Texas rangers investi | gating an alleged communist plot to i PREMIER’S DAUGHTER A FLIER» the government Wednesday to! ranged for the king and queen in; Washington but that final decision | lay with their majesties as to the! schedule here and the contempiated | return to New York. | The address scheduled to have been | made by the king Wednesday after- noon over a hook-up of the National | Broadcasting company was canceled, ; but the announcement said this had | been done upon the advice of the king’s physician, | President Returns Call | The President and Mrs. Hoover re- turned the call of the royal couple promptly, remaining about 10 min- | utes. The president's military aides. | in dress uniform, accompanied them. | Supreme court justices and other Officials to be received by the king | after the president's call were ar-— riving before the president left, | among them Chief Justice and Mrs. | ‘Hughes, Justice and Mrs, Stone and | | Justice and Mrs. Suthertand. } | A little later came Vice Curtis snd his official hostes dward E. Gann, Although the king. upon the advice of his physician, had cancelled trips | to Mt. Vernon and the tomb of th unknown soldier and a radio addr Prince Svosti and Princess Svasti | planned to visit Washington's old; home and the tomb. i The Columbia Broadcasting system announced David E, Kaufman, Amer- | ican minister to Siam. would speak during the period the monarch had en scheduled to. speak. Kavfman. bes has bsch: in Siam for a nunner | yea.s. arrived in Washington Tuc: day night Ighbe) 118>Danaid, daugh: cen up. avi Hoge sh ot thi blow up oil field properties were ex- pected to inquire into the oil well explosion that killed seven men near Gladewater, Texas, Tuesday night. Glenn Harroun, production superin- tendent, said the fire which ignited the well as it was flowing wild was known to have started beneath the derrick floor, where he said there were no frictional parts that might have caused a spark. He referred to letters sent out re- cently by Ranger Captain Frank Hamer warning oil companies of the alleged communist plot in connection with thefts of quantities of nitrogly- cerin in Texas and Oklahoma. Har- roun’s brother, Bill, lost his life in the explosion and fire at the well, which still was burning fiercely Wed- nesday. City’s New Chief of Recreation Is Here John W. Reel, Bismarck’s new rec- reation director, was on the job Wed- nesday. Reel arrived Monday night from New York City, where he had been taking a post-graduate course at Columbia university, and spent Tues- day getting acquainted with Bismarck and its people. His first job, he said, is to survey the city and determine what sort of recreational program may best be carried out here, In order to obtain the necessary information he will look over the parks, swimming pool, me- morial building and other facilities and will consult with city and school officials. e ‘The Memorial building constitutes an excellent athletic plant as well as a civic center unusual for a city the size of Bismarck, he said, and expects it to be a major factor in any recrea- tion system which may be devised. His general policy, he said, will be to give the people what they want as much as it may be possible to do. For instance, if a group of men wish to-organize a gymnasium class Reel will assist them in doing so. A meeting of the city recreation board, composed of representatives of | the city, county, school and park | boards will be held Thursday noon at which time a future program will be discussed. Mrs. Reel and their small daughter accompanied Mr. Reel to Bismarck. 2 New Immigration Posts Are Opened Grand Forks, April 29.—(?)—Auth- ority to open immigration inspection posts at Whitetail and Raymond, Mont., has been received by O. B. Holton, district director of immigra- tion here. Walter L. Holle, inspector at In- ternational Falls, Minn. has been ordered to Whitetail and Herbert E. Berlinger, now Winnipeg immigrant inspector, has been recommended for the Raymond post. | The customs department already hes stations at Whitetail and Ray- mond and the opening of immigra- tion offices will bring to 28 the num- | ber of inspection places in the Grand | Forks district. | Five other immigration ports of en- try in North Dakota have been recom- mended by Mr. Holton. These are at Fortuna, Crosby, Hansboro, Antler, ind Maida. These five places are the only customs points that are not j inmigration ports, Holton said. Assuctated Press hata rime minister of Great Britain, hown receiving flying instructions Davi TYRANNY OF MALE FOX ILLUSTRATED | AT DICKINSON FARM Animal Maltreats Mate, Expect- ant Mother; Repents When He Is Segregated Dickinson, N. D., April 29.—Male foxes are a good deal like men and treat their mates in about the same variety of ways—some of them are gentle, others tyrannical, according to Mr. Marr, operator of a fox farm near this city. He has several pairs of foxes that illustrate the similarity. This spring his grouchiest he-fox ! was biting and maltreating his mate |at the critical stage when she was | building a nest of straw and hair for jthe little foxes that were due in a few days. Mr. He-fox not only re- fused to help her but made life un- | bearable for the expectant mother. Marr decided on divorce and placed | the male fox in a cage by himself at. the opposite end of the yard. The fox set up a terrible howling and moaning and tried to chew his way | through the fence and get back to his family. Failing in that effort, he proceeded to build a nest for his ex- pected progeny. He pulled half of the hair out of his tail—all but the white tuft at the end—and then pro- ceeded to pull the hair off his rump to make a nest that was nice and soft. Every little while he would leap up against his cage and whine to his mate in the most contrite spir- it. The fox looked so bad, with all that hair plucked from his hind quar- ters, that Marr piled a lot of boxes in front of his cage to keep him out of | sight of visitors. The fox still is repining in his lonely cage, but the soft nest he built was appropriated for the little foxes that now are living in peace and quiet with the grass-widowed mother. Hughes Is Awarded Decision by Judge In McCurdy Action (Continued from page one) be presented to the jury in view of the fact that the plaintiff had no legal cause of action since there had been no prosecution. Touching on the evidence on this point, however, he said: “It is the opinion of the court that, at the pre- sent state of the record, there 1s ample evidence in this record to sub- mit that question to a jury.” The text of Judge Miller's decision,| as transcribed by the court steno- grapher, follow: Text of Decision “When this question was up before the‘court in the early part of the trial I gave the matter such consideration then as I was able to do in the short time that I had in which to rule on that question. I, in my rulings, called counsel's attention to the fact that I thought it a very, very close question but that I would rule against the defendant at that time. I thought it better to let the plaintiff's case all come in to the end that the court might know fully all the facts; also I desired more time to consider the question myself and to give counsel on both sides an opportunity to fur- ther enlighten me on the subject. I am now clear in my mind that this motion must be and is sustained. “I do not intend to write a formal opinion, but will at this time take oc- casion to state my reasons for the ruling sufficiently so that in the event this case should reach an appellate court that court may know why I ruled as I have. “With reference to that part of the motion made by the defendant ques- tioning the sufficiency of the record at this state in the trial as to the lack of probable cause to file the com- Plaint, on that ground the motion is overruled and denied, for it is the opinion of the court that the record now before it at this state shows a lack of probable cause to file the complaint. “On the ground assigned as lack of sufficient evidence to show malice, malice is always a question for the jury and it is the opinion of this court that at the present state of the record there is ample evidence in this record to submit that question to a jury. “But on the ground assigned that no process has ever been issued in this case and no proceedings of such character ever had as could form the basis of an action for malicious prosecution, now, that the record is all in and the court has had more time to consider the matter, on that ground the motion is sustained. Must Have ‘Process’ “This is an action for malicious prosecution. The gravamen of ar action for malicious prosecution is the abuse of judicial or legal process. You must have some legal process. I quite; agree that that process need not be the usual process in a criminal case which is-a warrant of arrest. I quite agree that it need not be a summons, the usual process in a civil case, for it is my opinion that an action for malicious prosecution may be legally based on a special proceeding and, therefore, statutory provision cited by counsel for the defendant in my judgment does not govern in this case. “This action is not based on a crim- inal prosecution nor a civil action but on a special proceeding and the process in a special proceeding is the particular process provided either by law or rule of court that is usual in that particular proceeding. Neverthe- less, legal process or judicial process must have some definition, some test that can be applied to it, as to wheth- er or not it rises to the dignity of a process, A warrant. of arrest, of course, is @ process because it will bring before the court the person of the accused and place that person within its jurisdiction to such an ex-/ tent that the court has powér to pro- nounce judgment against the defend-| ant named in the warrant. H “The summons in a civil action is a process that brings the person of the defendant within the jurisdiction of the court sufficiently so that the court can pronounce judgment against that defendant. An attachment is a process of the court because it may bring the property of an individual within the jurisdiction of the court so tha: it can Pronounce judgment against the pro- perty brought within its jurisdiction. So it is my opinion that in order to constitute a process, under whatever name it may be called, in any pro- | ceeding, prosecution or action. it must -|be @ process. that. brings elchor the the of he the" person. | Opposite the G. P. ‘Hotel. |(—A wireless message received at leccused or named therein within the | jurisdiction of the court sufficiently ito enable that court to pronounce jJudgment against the defendant or { the property brought in. i Doesn't Meet Definition “Measured by that definition, we |find tlie process in this case, if it be a process, is a direction by the su- preme court to the clerk of that court {that the affidavit of the defendant here, Hughes, concerning the plain- tiff, McCurdy, be filed and that it be further ordered by the supreme court that that complaint be referred to the state bar board pursuant to law for investigation recommendation and report. “It does not on its face to bring within the jurisdiction of the supreme court or the bar board either the property or the person of Mc- Curdy to the end that that court might pronounce judgment against McCurdy. The statutes, of which I take judicial notice, under which this notice was: issued, do not provide for @ process on the part of the supreme court at that stage of the disbarment proceeding that would authorize the court to bring the person of McCurdy’ or his property within the jurisdic- tion of the court, for it only provides, stating it substantially and not in- tending to quote it, that upon the fil- ing of a complaint with the supreme court that court may refer it to the bar board fot investigation and re- port to the supreme court. “That is whatAt did do. That is all the supreme court could have done at that time. Then the statute fur- ther provides that after the bar board has made its investigation and formed its conclusions and reported to the supreme court, then the supreme court had authority under this statute to order the bar board to prosecute Mc- Missouri Beauty { Curdy by filing complaint against him, and, of course, serving a copy of it upon him, and such other pro- cess as their practice may be. Must Be Before Bar “That would bring then McCurdy to the bar of the supreme court for, trial, but only after notice and only after having given him his day in court, because it is elementary that no person can be deprived ef any rights or property without his day in court. But this particular proceed- ing, whatever you may term it, was in truth and in fact nothing but a preliminary investigation and that is all the supreme court was authorized ” make upon the complaint being] filed. “So that the proceedings had be- fore the supreme court in this case, in my judgment, never reached the state constituting a prosecution; but this action is founded on a prosecu- tion. “There is # distinction between a preliminary investigation as to wheth- er or not a person shall be prosecuted and whether he is being prosecuted or has been prosecuted. It may well be that there ought to be some provi- sion of law whereby one who is dam- aged because of a malicious investi- gation may recover, but there is no) such law. Indeed, the policy of the law has always been to restrict with- in clear confines actions for malicious prosecution, because to allow them has a tendency to deter citizens who have knowledge of violations of law by other citizens from complaining of them, yet, nevertheless, it is clear that malicious prosecutions will lie when it is clear, first, that a prosecution has been had; that is to say, that some court of competent jurisdiction, has issued some process that brings the person and property within the power and jurisdiction of the court to pronounce judgment against the person. The mere fact that a judicial proceeding or some proceeding has been instituted for the purpose of in- quiring into whether or not it will prosecute a person does not empower the court to pronounce judgment against him. “No process having been issued this action does not lie.” Negro Murderer Is Given Life Sentence St. Paul, 29.—(P)—A life sen- tence at hard Jabor was imposed upon ‘Horace Shelby, negro, Wednesday after he pleaded guilty in district court to murdering a railway detec- tive in the yards here 10 years ago. Shelby was picked up in City a few days ago as a burglary suspect, and confessed he shot Thom- as Fitzgerald, special agent for the Great Northern Railway here Oct. 3, 1921. He was returned Wednesday and taken immediately to court, where, before being sentenced to the Minne- sota, penitentiary by Judge Howard Wheeler, he related details of the slaying. Two sons of the dead man, R. J. and Thomas Fitzrgrald, Jr., sobbed as they heard Shelby’s story. Message Purported To Be from Explorer Copenhagen, Denmark, April 29.— Reyjavik, Iceland, Wednesday pur- to be from Austine Courtauld, British scientist who is lost in North- ern Greenland, stated: “Absolutely the constitutional and/ oj, Angmagsalik, searching for Court- auld en route. If the plane can find him it’ will drop provisions on the ice for his use. He is believed to be somewhere in the vicinity of the station at which he was left to spend the winter and obtain meteorological date for use of the British arctic air route expedition. The site of this station has not, been located thus far by rescue parties which have gone to Courtauld’s aid. Barnesville, Minn., Woman Hangs Herself Barnesville, Minn, April 29.—()— Mrs, Oscar Aamodt, 35, resident of Barnesville practically all her life, {committed suicide at her home Wed- nesday by hanging herself with bedsheet in a@ clothes closet in her bedroom. Mr. Aamodt is the senior member of the O. J. Aamodt and Sons cloth- ing store and has resided here all his life. Two children and a sister, Mrs. R. R. Lewis, Brooklyn, N. ¥., also are ft. / We call for and_ deliver. Phone 496. The State Fur Co. jociated Press Photo Helen Duncan of Norborne, Mo., was chosen the most beautiful girl In the University of Missour! at Columbia and reigns as queen of the student yearbook. IOWA FARMERS FILE -COW TEST PROTEST Appeal to Supreme Court to Prevent Enforcement of Bovine Examinations Washington, April 29.—(7)—M. J. Loftus and several others represent- ing more than 150 farmers of Mitchell county, Iowa, filed Wednesday with the supreme court a statement show- ing the grounds on which they were appealing to prevent enforcement of} Towa, laws aimed to eradicate bovine tuberculosis. Stating a second test was to be made in the county involving thou- sands of dairy and breeding cattle, without regard to the apparent health of the animals, the protesting farm- ers asked that the highest court de- clare the law invalid. They claimed that under the first tuberculosis test 2,643 cattle, valued at more than $160,000 were killed, when all except 247 were found on federal inspection fit for food. The farmers attacked the law on the ground that it required the use of one specified test, which often result- ed in injury to healthy cattle; required the test when conditions did not fair- ly require it; compelled the destruc- tion of all cattle reacting to the test, although most of them, after slaugh- ter, were pronounced by federal in- spectors fit for food. Garage at Woodworth, N. D., Robbed of $300 ‘Woodworth, N. D., April 29—(P)— Thieves clipped the padlock from the main car entrance of the Woodworth garage Tuesday night and escaped with approximately $300 in cash. They opened the safe and cash reg- ister, scattering the contents about the place, but took no checks. Says Wife and Lover Murdered Husband Decatur, Tenn., April 29.—(P)—A story, of how a mountain woman and her lover killed her husband by pierc- ing his heart with a hatpin and then hacked his body to pieces was under official investigation Wednesday. Frank Thornton, 16, told the story to a squire’s court.. He said the slay- ing took place last fall, but he had not told the story sooner for fear of his second cousin, Hudie Hickman, 25, and Mrs. William Bunch, 23. Mrs, Bunch denied the youth's alle- gations and said that her husband disappeared several months ago. She was bound over to the criminal court. Hickman’s hearing was delayed on SAYS UNIT BANKS | ARE BACKBONE OF NATIONAL SYSTEM Executive of First Bank Stock Corporation Discusses Fi- nance at Rotary Meeting Declaration that unit banking is and probably will continue to be the backbone of the American financial system was made to members of the Rotary club Wednesday by R. W. Putnam, Minneapolis, an executive of the First Baak Stock corporation. Putnam said the history of bank- ing in America really began with the first bank of the United States and has developed through many vicissi- tudes to the present stage. The last big change in the banking system, he said, was the organization of the federal reserve system in 1914, He credited it with having contribut- ed much to the financial stability of the nation. The latest development, ‘he said, is the chain, branch or group banking era which started about eight years ago and still is developing. In most countries, he said, branch banking is the rule and the financial transac- tions of many nations are carfied on through a few banks with a multi- Plicity of branches. In the United States, however, branch banking has Proved popular and 27 states, includ- ‘ng North Dakota, prohibit it, while Montana permits it only under cer- tain circumstances and in limited form. Chain banking was defined by Put- nam as an organization of two or More banks in which the majority of the stock is heid by one individual or a small group of individuals, Group banking was defined as an organization where the banks are controlled by a majority of the stock ownership of a supervising holding company. Since the operation of the bank remains in local hands, he said, it might be defined as cooperative banking. He asserted that it adds to the safety of deposits, not only be- Cause the resources of all the banks are back of the deposits in any mem- ber bank in the group but because the system provides for closer supervi- sion and closer examination of the banks’ condition by experts. The theory that group banking in- terferes with the operations of local banks involved is erroneous, he said, because loans are made as quickly as ever when proper collateral is offered. He said progressive unit bankers do not view the group banks as unfair competition because the system tends toward better banking practices and Promotes bank earnings, Asserting that the persons chiefly interested in banks are the depositors, the stockholders and the borrowers, Putnam asserted that many banks have failed because they paid too little attention to the interests of the Gepositor and too much to those of the borrower. Dr. E. P, Quain read a humorous Paper on consultative surgery in which a doctor's experience in a “law clinic” was diagnosed. The chief practitioner in such places, he said, is always a man named “Runner” be- cause everyone addresses him as “Yourunner.” Members of the new board of direc- tors were elected as follows: John Hoffman, now president of the club; Ray Bergeson, George Duemeland, Dr. George Constans, Kelly Simonson, J. P. French and Dr. G. A. Rawlings. Guests at the luncheon were Philip Saumur and D. 8S. Stephenson, Grand Forks; Dr. George A. McFarland, Minot; C. L. Sandstedt, Huron, 8. D., Alfred Zuger, Dr. C. W. Schoregge, John Rue and E. & McCanna, Bis- marck, and L. R. Baird, Dickinson. NOTICE OF MORTGAGE FORE- CLOSURE SALE Notice is hereby given that thet certain mortgage, executed and deliv- ered by Hlmer 'E. McCullough and Emma Izelda McCullough, his wife, of the county of Burleigh, State of North Dakota, mortgagors, to the Investors Mortgage Security Company, Inc., of Bismarck, North Dakota, mortgagee, dated the’ 23rd day of November, 1916, und filed for record in the office of the register of deeds in and for said county of Rurleigh and state of North Dakota, on the 13th day of December, 1916, at 1:30 o'clock P. M, and re- corded in Book 90 of Mortgages on page 169, and assigned by the said mortgagee to George Schneider, Sr., of Sweet Briar, Morton County, North Dakota, now the owner thereof, will be foreclosed by a sale of the prem- ises in such mortgage and hereinafter described at the front door of the courthouse in the city of Bismarck, county of Burleigh, and state of North Dakota, at the hour of two o'clock P. M, on tho 9th day of June, 1931, to satisfy the amount due upon such mortgage on the day of sale. The premises described in such mortgage and which will be sold\to satisfy the same are described as follow s acres, more or 1 cording to the United States G ment survey thereof, situate in Bur- leigh County, North Dakota. There will be due on such mort- gage at the date of sale the sum of Seventeen Iundred Ninety-four and hig plea that he wished to await the arriva) of his father. ‘Associated Press Photo The first academic course on pro- hibition governmental probiem will be offered next fat! by Or.,Een A. Arneson. head of the political s ence department, Wesleyan u: versity, Ohio. ' Bo/ne {¥1i94.90) Dollars. ated this 28th day of April, 1931. GEORGE SCHNEIDER’ SR,’ Assignee, KELSCH & HIGGINS, Attorneys for Assignee, Mandan, Novsth Dakota, 4/29; 5/6-13-20-27; 6/3 ADVERTISEMENT FOR BIDS Senled bids for the construction of an eight-inch sewer line beginning at the southwest corner of the swim- ming pool in the City of Bismarck, North Dakota,-and thence South and under the Memorial Highway will be received by the Board of Park Com- missioners of the City of Bismarck until elght o'clock p. m., May 5th, 1931. Plans and specifications are on file in the office of the Clerk of the Board at the City Hall, or from T. R. Atkinson, City Engineer, The following approximate quanti- ties are given for the guidance of bid- ers: * 140 linear feet of cight-inch sewer Pipe. 1 manhole. 6 square yards of concrete pave- ment taken up and relaid, Work on this contract’ must begin not later than May 15th, 1931, and perapieten not later than May’ 25th, Each bid must be accompanied by a certified check in the sum of Fits Dollars ($50.00), made payable to the order of 'S. 'W,’Corwin, President of the Board of Park Commissioners, as @ guarantee that the bidder will, if Successful, enter into and execute a contract for the performance of the ‘The successful bidder will be re- quired to file a surety bond in a sum equal to the full amount bid, guaran- teeing the faithful performance of the contract. The Board of Park Commissioners reserves the right to reject any or all M.H. ATKINSON, we clers ig ——