The Bismarck Tribune Newspaper, December 16, 1932, Page 3

USE OF MILITIA T0 DEFEAT LAW DRAWS FIRE FROM HUGHES Chief Justice Outlines Powers of Governor in Strongly« Worded Opinion Washington, Dec. 16.—Any governor who feels he can call out the militia to enforce an executive order or for any purpose other than to preserve . order and protect the proper opera- tion of the law will find no satisfac- tion in the neat dressing-down which hy 4 Chief Justice Hughes gave Governor R. 8. Sterling of Texas, in an opinion handed down Monday. The case was one in which Ster- ling, aiong with W. W. Sterling, ad- jutant general of the state, and Jacob F. Wolters, brigadier general com- manding the Texas Nationoal Guard appealed from an order of the federal district court enjoining them from continuing martial law in the East- Texas oil field. The injunction was obtained by E. Constantin and others and its justice was affirmed by the supreme court in Chief Justice Hughes’ opinion. The history of the case goes back, Probably, to the declaration of mar- tial law in Oklahoma by Governor “Alfalfa” Bill Murray of that state. At least the Murray action was com- monly accepted as the pattern fol- | lowed by Sterling, his neighboring chief executive. i At any rate the battle with the ‘Texas oil producers began in the legis- lature with enactment in 1931 of a state conservation law. Under its terms the state railroad board at- tempted to limit production but the federal district court temporarily en- > Joined the state body from enforcing its orders pending hearing by the ‘ court on the justice of its action. The 4 producers claimed they were being de- prived of their property without “due Process of law” as promised by the federal constitution. Sterling Set Own Limits It was into this situation that Gov- ernor Sterling stepped with the dec- laration of martial law and the en- forcement of orders which curtailed the production of oil. Where the fed- eral court set a daily limit of 5,000 barrels per well, the military authori- ties fixed a limit of 165 barrels. This was later reduced to 150 and still later to 125. q General Wolters, in command of § state troops, invaded the oil fields and made the orders “stick.” Where- upon he was adjudged in contempt of the federal court, an uncomfortable situation even for a brigadier. The order was extended to W. W. | Sterling and Governor Sterling and they were enjoined from continuing the unwarranted interference with the actions of the judiciary, the civil au- . thorities and the oil operators. It was on appeal from this order that the case came to the supreme court. 4 The lower court found that at no i time had there been a condition re- sembling a state of war and that, un- less the governor may, by proclama- tion, “create an irrebutable presump- 3 tion that a state of war exists, the ac- f tions of the governor and his staff may not be justified on the ground of military necessity.” Governor Sterling has contended that a state of war was approaching and that use of troops was necessary iq to prevent threatened insurrection, strife and disorder. It also was argued 4 that the governor had power to de- clare martial law; that courts may , not review the sufficiency of facts up- ig on which martial law is declared; that the courts may not control by injunc- tion the means of enforcing martial law and that a finding by the gover- nor of the necessity to take property is due process of law. Justice Hughes answered with a ‘i vigorous “No” to all of these conten- tions, asserting that @ governor is in no different position from any other state official, that he obtains his pow- er from the law and must himself obey it. “Governor Not Su; Commenting on Sterling’s conten- tion that “the governor's order had the quality of a supreme and unchal- lenged edict, overriding all conflicting rights of property and unreviewable throu; & the judicial power of the feq- eral government,” Justice Hi baid: “If this extreme position could be deemed to be well taken it is manifest | \\ that the fiat of a state governor and not the constitution of the United ¥ States would be the supreme law of the land; that the restrictions of the federal constitution upon the exercise of state power would be but impotent phrases, the futility of which the state may at any time disclose by the sim- ple process of transferring powers of legislation to the governor, to be ex- ercised by him, beyond control, upon Girl Scouts Aid Santa THE BISMARCK TRIBUNE, FRIDAY, DECEMBER 16, 19382 All’s grist that comes to the Girl Scout toy mill. Whether it’s a doll’s broken chair or a zeppelin that has lost its shiny coat, the Girl Scouts will put it in shape for some small child who might other- wise forget that Christmas is coming, CONTRACT as the _” BRIDGE on, EXPERTS PLAY IT By WM. E. McKENNEY Secretary, American Bridge League This new contract scoring has been adopted almost universally and is now used by everyone who claims to j keep abreast of the times in his bridge. However, many score pads showing the old values are still in use, and unless one has taken the time to study and learn the new Scoring, he may be unable to find the proper information when he most needs it. I receive a great many letters every day inquirying about the new no trump count and many of my read- ers are not quite sure when a trick counts 30 and when it counts 40. The new undertrick penalties are also diffitult to remember, for no two tricks have the same value. Today I am going to suggest a couple of mathematical shortcuts which should be of assistance in remembering the new count, ee # The new no trump scoring becomes very simple if we handle it in the following way—just score the no trump tricks at the same values as before but drop the last five when- ever it occurs. For example, one no trump counts 30 instead of 35; three no trump counts 100 instead of 105; five no trump counts 170 instead of 175. Two no trump, four no trump and six no trump do not end in five and there- fore count 70, 140 and 210, respect- ively, as they always did. There is a complication where part of the tricks are bid for and part of them are overtricks, but this also can be handled vefy simply. Let us suppose that we bid one no trump and made three. The total value of\the tricks is 100 points, but of that ohly thé value of the one bid trick, namely, 30, can be scored be- low the line. ‘The remaining 170 points must be scored above the line. Again, let us suppose that we bid three no trump and made seven. The total value of these tricks would be 240 points, but we can only score the value of the three bid tricks, namely, 100 points, below the line. ‘The balance of 140 points would be Scored above the line. «ke Suppose we make one no trump and then make one no trump again on the next hand. Does the second trick in that case count 30 or 40 points? In that case each trick counts 30 points, for each trick is the first trick of that hand. ‘Therefore, it is perfectly possible to make one no trump three times in succession and still not make game. This appeared a little strange, and 80 it is, but few of us can remember @ case where exactly one no trump was made on three successive hands. One no trump plus two no trump does produce a game and we have the peculiar anomaly that one plus ge plus one does not equal one plus WO. The basis of all undertritk penal- ties is the following series of num- bers: 100, 250, 450, 700, 1000. The player who has memorized that se- ries need have no trouble figuring out any penalty he is likely to en- his assertion of necessity. Under our ' system of government such a conclu- sion is obviously untenable.” ) After asserting that the courts al- ways retain power to review the jus- tice of a governor's acts in calling out the militia or the necessity therefore j and their superiority to the military | tion in the lawful exercise of their rights as determined by the courts, he | sought, by his executive orders, to make that exercise impossible. In | place of the judicial procedure, avail- . regard the strong language of the de- » cision as containing a decided hint to with @ flare for using int lig Hh i i eat i i I | counter. They give these penalties for 1, 2, 3, 4 and 5 undertricks, respectively, when doubled and not vulnerable. ‘The penalties for undqubled, vulner- able, are exactly the same. Use dou- ble the amount for doubled, vulner- able, or redoubled, not vulnerable, ’ Power, Justice Hughes said of the re-| and four times the amount for re- aga borne Governor Sterling} doubled, vulnerable, ‘ia an oil men: By using these simple memory im Sought to Defeat Law aids, anyone who understood the old Pa “Instead of affording them protec-| scoring should have no trouble with the new. ‘The greatest array of bridge talent ever assembled as Me KENNEY xe, this new feature of 100 points for a | partial score. If your side bids one heart and ;Makes either one, two or three hearts, | You would score 30 each for the tricks bid and 30 for the overtricks, |. For example, let us say that you bid one heart and made two. You | Would score 60 for tricks, and now as you have made a less-than-game con- j tract you are entitled to a 100-point {premium score, giving you a total of 160 on that hand. This 100-point premium tends to bring duplicate closer to rubber bridge. There is no question but that it will draw more people into the bidding— it will put more life and spirit into the auctioning. The expert players in the tourna- F Ssotes: S238 eeseseetet 2335 \ B25 2525539525 a 1 ReRBRR and comfy and prettily rayon, embroidery, and sati: TibbonS ......... RUBBER ANIMALS AND queer animals whistle. Kudlee dolls have rattles . INFANT'S ALL WOOL 3 Sweater, cap and bootees, pure wool and soft as a feather Can you 98c imagine, it’s just ....... ee COMB AND BRUSH SET—We're a lit- tle optimistic, but it’s dainty enough to comb what little hair he has young ’un perambulating. A fancy enough necessity born with a “silver spoon” ORANGE REAMERS, BABY SIZE—This juice is a prescribed baby diet ........:...0005 ALL WOOL ZEFHYR SACQUE—Warm :. 26e QUILTED CARRIAGE ROBES—Stun- ning enough to make husbands take the Warm? And how! sss es...+-. DOC DECORATED HOT WATER BOTTLE— child’s mother believe he was 49 c will make a hit with any mother. Orange mént seemed well pleased with this | new feature. However, it will change | bidding tactics slightly, and it puts an additional premium on accurate bid- ding, xk * It is now profitable at times to make what is known as a sacrifice bid) against even a less-than-game con-: tract. For example, if your opponents have bid three hearts and you feel sure that they can make their con-! tract, you know that they will receive | @ score of 190 points. | If you are not vulnerable, or if you | are vulnerable and don’t believe that! your opponents will double, even though you definitely know that you cannot make three spades, but can make two, it now pays you to bid the three spades, If you go down, your minus score | will be less than 190 points. For ex-| ‘ample, if you go down one trick not! vulnerable undoubled, you would be | minus only 50 points, and your op- ponents would be plus only 50 points; 140 points over allowing them to play the hand at three hearts. ‘You can no longer examine a quitted trick in either rubber play or tourna- ment play. wish to look at a quitted trick. Look at the cards before they are turned— otherwise your opponents can now of examining & quitted trick after it is turned. (Copyright, 1932, NEA Service, Inc.) Bismarck Girl Scouts Are Santa Claus Aides Bismarck Girl Scouts have assumed the roles of Santa Claus helpers for the holiday season and are busy with Preparations for making Christmas more cheery for those less fortunate- ly situated. For days they have been busy with paint pot and brush, with glue and needle and thread nimbly repairing toys or dressing dolls which have been collected by various welfare and charitable organizations of the city for distribution Christmas eve. They are looking forward to pack- ing these in baskets next week and hope to share in the task of distribut- ing them. Meanwhile they have found time to practice Christmas carols, with the plan of singing at the hospitals and to shut-ins in various parts of the city. As a further means of aiding in the community holiday preparations two of the Scouts are on duty daily from 4 to 6 p. m,, at the Red Cross office to run errands for the Red Cross work- ers. Don’t despair of finding a suitable gift. You are sure to find something appropriate at the Service Drug. The Armour Creameries in Bismarck are now taking in Turkeys for the Christmas Holidays. Come in. Use the Want Ads TOO LATE TO CLASSIFY HARRINGTON'’S SUPERCULINE live steam permanent, no electricity. natural waves, real comfort, done in two hours, $5.00. Electric meth- ods in combination, croquignole wringlet ends, $3.50 to $6.50. Steam Superculine exclusively at Harring- ton’s. Phone 130. DECEMBER SPECIAL — Regular $5.00 oil tonic combination wave, $4.00, including shampoo and fin- ger wave. California combination, $3.50. California Wave Nook, 102 therefore you would win the hand by 3rd St. Phone 782, Here Are Gift Suggestions Lz \\ 43 GZ RST CHRISTMAS HAND DECORATED GLASS JARS— Also a package of Q tips along With it .....s...scccceeee 49c HAND —It is This is special NOW ’s will Zs trimmed with 1 DBC DOLLS—The PIECE SET— ou 25c to make the va 490 temperature of the infant’s bathroom .. DECORATED WICKER BASKET— Every nursery should have one like this. INFANT'S .SLIPOVER .SWEATER— Soft and downy in the most 98 delicious nursery colors ..,...... Cc SILK MOIRE COVERED BOOK—You will have a record of baby’s birthdays, and every other important 49 event for the future ......... - 4IC A KNIT BONNET’S AN IDEA—Always zelcome for babies of either sex, for their armth, comfort nd cuteness ....... to 4—your problem is solved! DECORATED THERMOMETER important for you to know the .39¢ Bt sesceseeceee SUITS—If “it’s” anywhere from Moth- TOE hint $1.98 It is only habit that makes a player | call @ lead if you make the mistake | Illness Proves Fatal To Bismarck Resident Joseph Heidt, 58, of 310 South Eighth St., died in a local hospital Thursday from an intestinal ailment | following an illness of six weeks. |_ He had been a resident of Bismarck | for the last 10 years. Born in Russia in 1874, Heidt came to the United States 32 years ago to make his home in Dickinson. He lived in that city for 22 years, coming to Bismarck in 1922. Besides his widow, he leaves 10 children, Nick, Tacoma, Wash.; and Steve, Ralph, Mathilda, Beata, Otilla, ‘Monica, Frances, Mrs. F. F. Fowler and Mrs. Leo Hamling, all of Bis- | marck, Friends and relatives will meet at the Calnan Funeral Parlors at 8 p. m.! Ble to recite the Rosary at his jer. Funeral services will be conducted from St. Mary's church at 9 a. m. Sat- urday, with Very Rev. John Slag of- ficiating. ce will be in St. Mary's ceme- TY. PROBE NEBRASKA SLAYING Omaha, Neb., Dec. 164—(#)—Police Friday expressed belief a car stolen recently at Murdock, 8. D., was used by prowlers who fatally wounded Al- bert Suverkrubbe, night marshal at Fort Calhoun, Neb. during a gun fight Dec. 5. Suverkrubbe died Wed- |nesday. The bullet-riddled car, re- | ported stolen Nov. 27 by Robert Thwing of Murdock, was found Fri- day by police. AMY STOPS IN ALGERIA Oran, Algeria, Dec. 16.—(?)—Amy Johnson, flying from Cape Town to London, reached here Friday after- noon. She plans to resume the flight Saturday. = ACTOR FACES DEPORTATION Los Angeles, Dec. Duncs Renaldo, who deserted @ stoker’s aboard a French steamship in and became a leading man in moti Pictures, Friday faced The actor, whose real name is to be Vasile Dumitree.Coghieanas, ting as citizen in applying for a passport t Africa for the filming of the jung! Picture “Trader . VICKS COUGH DROP «.. All you’ve hoped for in a Cough Drop - medicated with wn ___ VICKS Entirely new design — chromium plated — pure aluminum grids, A won- derful value at $5.95 Toasts two large slices—turns toast without touching. A corn popper for 89c Other models $2.25 and $4.95 Eee That Lasts A Year.... For twelve months, for six days each week, your gift of a subscription to the Bismarck Trib- une, acts as a con- stant reminder of your thoughtful- ness, your friendship, and your good taste. husbands— $1.00 for your old iron on this new, fully automatic Westing- house iron, Makes real coffee. Beautiful chromium plated finish, $4.95 OPN EVENINGS UNTIL XMAS TILL 9 North Dakota Power and Kelvinator The Gift Supreme More Features—and Lower Prices than ever before in: i L se ‘ rf i bert fal z j g* i : \ [many of these, and must have one DOC Ag HANGER, PIN CUSHION, BEAD SET— - Recommended for little girls. 49 An original gift, and only ....... FIC QUILTED SACQUE—Soft, warm and cozy. A baby never has too CHAMBER IN BOX— box has a handle. The ved VC ENAMELWARE The traveling ‘INFANT'S SOFT SOLE SHOES—This is MONTGOMERY WARD & CO. Phone 475 300 Fourth Street Bismarck, N. Dak. ~ The price is only $5.00 per year by mail ¥ outside of Bismarck, $2.50 for six months, or $1.25-for three months. By carrier in Bismarck it is $7.20 per year, $8.60 for six months, $1.80 for three months, or 60 cents per month. A Christmas Gift Card Will Accompany Every Gift Subscription ¢ Subscribe Now—Use Order Blank Below «The Bismarck Tribune, Circulation ent, Bismarck, N. N Ordered by. December___198___ Months to The Bismarck Tribune which you will send to at Here’s a tip that won't go wrong. Give her some- thing electrical this Christmas. Beautifully finished in black and gold or bronze, Complete Light Co. man an a a a