The Bismarck Tribune Newspaper, April 3, 1933, Page 8

| Convicted Bankers Enter Sing Sing Flanked by deputy sheriffs, Bernard K. Marcus (A) and Saul Singer B), principal officers of the defunct Bank of the United States, New York, are shown as they entered the barred doors of Sing Sing prison at Ossining, N. Y., to serve terms of from three to six years for mis- application of the bank's funds. Depositors who lost their savings in the wrecked bank, crowded the criminal courts building and corridors where Marcus and Singer surrendered for their trip to prison. CONTINUED) «from page one- See Legal Fight in Power Plant Plans elsewhere, have placed the cost of the electric property at from $200,000 to $300,000. The presumption is that the plan contemplates reducing the cost of the capitol building by that) amount. Commenting on the fact that the) legislature failed to say how much} should be spent for the capitol and how much for the governor's mansion in the act of 1905, the supreme court | said: “What the several buildings! shall cost should have been limited by ; the act, as it is a substantive matter of legislative discretion that the leg-/ islature cannot delegate.” . . . The| decision on this point is conclusive | and determines the action in favor of plaintiff's contention.” A fact of interest in this case, when | ‘compared with the present matter, is| ‘that George A. Bangs, until recently ‘a member of the capitol commission, | ‘was one of the attorneys for the, plaintiff in the case. His brother,) ‘Tracy R. Bangs, aided C. N. Frich, then attorney general, in defending the action. Burke Veto Is Cited Additional light on this matter, and | from another angle, is contained in ‘a message by John Burke, then gov- ernor and now a member of the state supreme court, in his message vetoing fan act passed in 1911 which provided for the use of capitol funds for the construction of a street car Iine from ‘the capitol to the state penitentiary. + The proposal was to use $20,000 from the capitol building fund for ‘the construction of this improvement |which the “public improvement” clause of the enabling act for that state, similar to North Dakota's, was construed. The court held that, since the enabling act provided grants for both public buildings and public im- provements, that the two were not the same. Commenting on this, Governor Burke said: “If the proceeds of sale of public lands granted for internal improvements cannot be used for the building of public buildings. it follows, of course, that the proceeds of the sale of lands granted for the erection of public buildings cannot be used for works of internal improvement.” He then commented on the fact that the trolley line from Bismarck to the capitol, built in 1905 from the capitol fund, represented a wrongful use of land grant money and that it was the duty of the state to restore to the land grant fund the $20,000 which it cost. The veto is of especial interest be: cause Governor Burke now is a mem- ber of the supreme court which will hear any new case in which the point is raised, because both proposals were for internal improvements, and both relate to electricity. One of the provisions in the new capitol bill is that a part of the diverted money shall be used for building an electric transmission line from the penitentiary to the capitol. Commenting on the street car line ex- tension, Governor Burke said: “If the legislature has the power and au- thority to build an electric line from the capitol to the penitentiary, it would have the power to build from the capitol to the asylum or to any or all of the state institutions.” Where Is the Capitol? ‘The question here presented is “just ; where is the capitol.” Governor Burke contended that the capitol and and Governor Burke's veto was based | the penitentiary were not in the same on the ground that it was in conflict ‘with the enabling act whereby North Dakota became a state. place within the meaning of the land grant. Whether a power plant could be ‘The enabling act made grants of |classed as a public building might be FRECKLES AND HIS FRIENDS wor panes WE'LL NEVER CALL IT LOOKS AS THOUGH 'Y'S ALLORF BETWEEN WIM AND MILLIE = AND WHAT IS POOR MAMA GOING TD DO? oe eee ie HIGHEST WHEN SHE HAD MNRaNKS WEDDING GOWNS MONDAY, APRIL 8, 1988_- AND MILLIS OF ALL TIMES- \ O hits OeNNE S| I Rieore i ee. HAND anesthe SNE SUBMARINE, BARELY IN TIME TO AVOID BEING RAMMED 3 THE NEWFANGLES (Mom'n Pop) WHEE, SUGAR! I Gor T BACK! I GOT THe OLD JOB WHY SHE NAD AB HE WAS Jand to North Dakota and provided /a point in issue in any prospective how the funds derived from them case. How the court would rule can- should be used, granting discretion to | not be guessed in advance but a sig- the legislature within certain limits | nificant point is that such buildings in the management of this property. | generally are relatively inexpensive "These lands provide the interest and | shells. The huge investments involved. 4mcome funds which play a large part are for the purchase of boilers, tur- 4n the financial set-ups of many state | bines, condensers, pumps and other institutions. ‘expensive mechanical equipment. In the Rusk Budge case, the su-| The land grant issue would be @ preme court had held that a gover- | factor in any new case because the nor’s mansion is a public building, | funds for the present capitol are pro- ‘and as such, could have been built from | vided partly from land grant money the proceeds of the two capitol land | and partly from taxation. There was grants made by congress, one of which | considerable cash in the capitol land ‘was for the capitol proper and the!grant fund when the new building other for public buildings at the cap- | was started and it has been used. In itol. ‘addition, insurance from the old cap- Governor Burke held, however, that | itol building represented proceeds @ street car line could not be consid- | from the land grant money used to ered a public building and, if it could | build the old structure. As a prac- ‘be construed as such, it still was with- | tical matter the courts might hold it out the terms of the enabling act | is impossible to separate the tax and since it was not at the capitol. land grant moneys, provided it fa- Colorado Court Ruled | vored the power plant proposal on all WEN, KID, C MERE AND LEMME sett ae iS tien GETTIN! ALonc OKen! WELL, LE A SOME TIRES FER YER Bike! OREN DELIVERIN' MESSAcAS satigtien t TS iS OF TH W ol nee He cited a Colorado decision in | AT THE “Parole Girl” Reveals True Story Of Such Girl’s Life} ‘What happens to a young girl out of prison on parole, is the theme of “Parole Girl,” a Columbia feature which opens a two-day run tonight at the Capitol theater. Mae Clarke ‘sppears in the title role. Ralph Bel- Jamy plays opposite, with Marie Pre- ‘vost, Hale Hamilton and Ferdinand (Gottschalk in prominent parts. ‘The production concerns a young girl innocently drawn into the con- fidence game by a slick racketeer, who ‘Hamilton ts “Tony,” a suave gangster, ! Marit Prevost portrays “Jeanie,” a fhard-boiled but lovable character, who throws bricks at women rivals for her man. There are several outstanding sequences. A thrilling highlight of the picture 4s @ realistic prison fire. Scheming te win her parole, Miss Clarke sets fire to a pile of felt clippings. She ages to extinguish the fire, sav- the lives of the inmates and win- her parole. out of the penitentiary, she revenge on one “Joe Smith,” who portrayed by Ralph Bellamy, who as indirectly responsible for her only to fall in love with him Ferdinand Gottschalk plays “Tay- "an eccentric department store and boss of Bellamy. other grounds raised. MOVIES | Radio Favorite Sensational Hit As Movie Star You've heard Kate Smith sing! | You know what that voice of hers can-do with a song. But at the Paramount Theatre this week, you'll find out something else about Kate Smith. You'll find out that she’s an actress, and she'll prove it to you in her first full-length feature picture, | Pannie Hurst's “Hello, Everybody!”, | which opened there Saturday. To be sure, Kate Smith sings in her picture. She sings her familiar i and best-loved numbers, “When the | Moon Comes Over the Mountain,” and some catchy, tuneful new ones | 88 well, the latter group including chiefly, “Moon Song,” “Pickaninnies’ Heave ‘Out in the Great Open Spaces,” and “Twenty Million Peo- ple.” But she also gives a finely modulated, sincere and moving per- formance as a girl from a California farm who sings her way to radio fame and fortune in order to get money enough to fight a power com- pany in its efforts to gain control of her home valley. TIRES FOR SHOES A great many of the old automobile tires discarded in the United States are sent to Mexico, China, Spain and Portugal, where they are made over into shoes. i