The Bismarck Tribune Newspaper, May 16, 1933, Page 3

GOPHER MORATORIUM LAW RULED INVALID BY DISTRICT JUDGE | Jurist Declares Act Violates Both State and Federal Constitutions ‘Minneapolis, May 16.—(?)—Minne- sota’s new mortgage moratorium act ‘was held unconstitutional Tuesday by District Judge Arthur W. Selover. ‘The law was enacted by the legis- lature last month to ease the burden on mortgators. Governor Floyd B. Olson, at the time of its passage, said it made un- necessary continuation of the fore- closure moratorium he had proclaim- ed because it furnished a means of relief to hard-pressed mortgagors, in- cluding farmers. Announcement was made that Judge Selover’s ruling would be ap-. pealed to the state supreme court. The judge held that the law violat- ed the federal constitution section forbidding passage of any act impair- ing obligations of contracts and a similar provision of the state consti- tution. He ruled also that it violated a state constitution section which forbids special or class legislation and an- other which says a law may not em- brace more than one subject. The law provided a 30-day exten- sion for redemption from mortgage foreclosure sales of real estate and authorized district court judges to give further extensions in the redemp- tion time, up to March 1, 1935. The ruling was made in the case of John H. Blaisdell against the Home Building & Loan association here. ‘The latter began tad erediatd Aided ings against property owned by Blais- dell, who requested an extension of the redemption period. Judge Sel- over denied the request. ‘The judge said that in his opinion the statute . . . is for the benefit of that limited class of debtors who have given mortgages upon real prop- erty.” Over 10,000 Names Signed to Petitions Petitions bearing several thousand names in excess of the 10,000 required to submit the proposed initiated beer Jaw to a vote have been returned by circulators to the headquarters here of the association for legalizing sale of beer, it was announced Tuesday. It was estimated that approximate- Jy 15,000 signatures are already on file. Four hundred petitions, with 30 names the minimum on each, while some contain up to 150 names, have been filed with signers, the headquar- ters reported. ‘The drive, however, will continue in an effort to obtain as many signatures as possible. A, second petition, urg- ing Governor William Langer to call ® special election to vote on the pro- posal, is being circulated along with the beer petitions. Colorado Company Is Brought Under Fire ‘The Bankers Union Life Company of Denver, Colo., has been suspended by the state securities commission from doing business in North Da- kota, it was announced Tuesday by James Mulloy, secretary of the com- mission. An investigation was ordered, Mulloy said, to determine whether the company has been violating the state securities act. Records of the commission show the company had sold $118,000 of its bonds in North Dakota. ‘The lon was ordered be- @ause the company had not agreed to the security commission’s inter- pretation of the surrender value of its bonds. It was claimed by the state commission, Mulloy said, that the surrender value clause in the po- licy is deceiving. Holders of the company’s bonds were asked by the commission not to surrender bonds to the company until the investiga- tion is completed. Mulloy said efforts are being made to determine the whereabouts of Ray Haughton, said to be from South Da- kota, who had acted as a salesman for the company in this section. Strange But True News Items of Day re | | (By The Associated Press) ———— LONGS FOR OLD CUSTOM Omaha, Neb., May 16.—(#)—Dr. C. O. Simpson says he laments the so- cial decline of the tooth pick. “Hardy pioneers,” he said, “picked their teeth with bowie knives. The elite of the ’80’s carried folding gold toothpicks, and within the past 20 years toothpicks were quite generally served in homes and at public eat- ing places. “Now they are confined to primitive rural communities, restaurants and dining cars.” The proper manipulation of a toothpick, he said, can be extremely beneficial. ALONG VISIT Camden, N. J.—It was the length of Mrs. Charles Hertzog’s visit to her mother ‘that won her husband a court’s recommenda- tion of divorce. Mrs. Hertzog left Paulsboro to visit her parent sev- en years ago—and never returned. RAPS DRY AGENT Chicago—After Prohibition Agent George B. Whitlock testified he bought five high balls at the now- closed Planet Mars cafe and noted that several patrons were intoxicated, Federal Judge James H. Wilkerson said: “This agent was in no condition to say whether the other customers were intoxicated after drinking as much liquor as he did.” The judge freed Harry Voiler, who managed the Planet Mars, but fined a waiter. Begins Long Trip To Grave of Son New York, May 16—(P)—A Gold Star Mother, aged and in- firm, starts for France this week to kneel and pray at a grave she cannot see. She is Mrs. Olive Golden of Gothenberg, Nebr., one of 135 mothers and widows who sail we in the season's first Pilgrimage to the American military cemeteries in France. She is partly crippled and vir- tually blixtd. Her family tried to dissuade her form making the long journey, but she was deter- mined. “He was only 18 years old and such a slight boy,” she said Tues- day. “I never heard from him af- ter he reached Europe. The only word I got after that was the no- tice from the war department that he had been killed.” Braddock Lutherans Planning Celebration Sixty members of the Luther League of the Maria Lutheran church at Braddock observed the fifth anniver- sary of league’s reorganization in a program at the Peterson Brothers’ home. The program included recitations and songs in keeping with the Moth- ers’ Day spirit. Miss Anna Nord- strom reviewed activities of the or- ganization during the last five years and Rev. August Westlund delivered @ congratulatory message. In a business meeting, following the program, committees were named to make arrangements for a celebration marking the 40th anniversary of the Maria congregation, which is set for next July 2. Dr. P. A. Mattson, president of the Minnesota conference of the church, will be the principal speaker at the celebration. A homecoming and con- firmation reunion will be held in con- nection with the program. Affirm Verdict in Ramsey Court Suit The state supreme court has affirm- ed a verdict of a Ramsey county dis- trict court jury awarding John Mar- shall, Devils Lake architect, $800 against William E. Hocking and Harry Hocking, Devils Lake, for services performed by the architect. Marshall sued for $1,623, alleging he was employed to draw up plans and specifications for a dental clinic which the defendants contemplated building. The defendants, however, failed to build the clinic and Marshall brought action to recover fees for his services. The lower court denied the Hockings a new trial and an appeal was taken to the supreme court. THE BISMARCK TRIBUNE, TUESDAY, MAY 16, 1938 VIGOR IN BUSINESS UPSWING IS NOTED Increased Commercial Activity Continues Past Normal Expansion Period Despite the swiftness which has marked the course of the business up- swing during the last six weeks, evi- dence of sustained vigor is becoming more pronounced, even though the pe- riod of normal seasonal expansion has been passed, according to the weekly Teport of Dun and Bradstreet. The confident sttide which progress now has assumed reveals the general feeling of assurance that the current revivial rests on a firm foundation which has been built slowly and solid- ly during the last two years. Of its own momentum, it automatically wil) provide increased employment, place more money in the hands of the work- ers and farmers, and thus furnish the purchasing power needed to maintain an increased movement of goods into the hands of consumers. Reports received from the leading centers of distribution emphasize the steadily-gaining weekly volume of re- mark-ups in other than staple grades of merchandise, and a dollar volume in many districts running ahead of the comparative totals of a year ago. As retail prices generally persist at a low level, the increased dollar volume is indicative of the continued rise in unit turnover. Confidence in the maintenance of distributive totals at the current rate of increase is grow- ing stronger, as a scrutiny of the or- ders being received and the knowledge of the attitude of buyers reveal that it is not attributable solely to belated quirements, with possibly some antici- pation of the future, because of the momentum which the price rise now has attained. With the Spring quota of unit sales set earlier in the year now exceeded, the buying movement is being bolster- ed by the broadening of industrial ac- tivity and the widening of the fields for employment. Although confined, as yet, largely to the iron and steel, automobile, rubber, textile, and food products industries, and governmental undertakings, the successive weekly gains in employment are building up purchasing power and making their influence felt in the accelerated move- ment of merchandise at retail and in the liquidation of long-standing obli- gations, which has produced a more favorable collection status. Consider Extension Of Auto Tag Limit Extension of the deadline for obtain- ing motor vehicle licenses without Payment of penalty is being consid- ered by state officials, it was learned Tuesday. The suggestion had been advanced that the governor extend the time 30 days from May 15 which was the deadline for motor vehicle registra- tions without penalty. Beginning Tuesday, the law provides, a penalty attaches of 10 cents a day for 15 days and $2 a month thereafter. Governor Langer was understood to be giving the matter of extending the registration date his consideration. Would Remove Nine Families from County Hearings on proceedings to remove nine needy families from Burleigh county on grounds they are not legal residents here were being conducted in district court here Tuesday by Judge Fred Jansonius. State's Attorney George S. Register contended the families should be sent to the counties of which they are jegal residents and be taken off the Poor relief lists in this county. Judge Jansonius granted a request that Mrs. Elizabeth Edgar and her children be sent back to Morton coun- ty but dismissed a case in which the state’s attorney would have removed Mr. and Mrs. Kenneth Sabin and their two children. The case of Andrew Feist and his nine children was taken under advise- ment. Heads of six other families were to have hearings in the afternoon. They were John Grinsteiner, Robert E. Wile )f course you eat it because LIKE 4 A eee BUT DON’T FORGET youl if: THE EXTRA BENEFITS IT GIVES you! tail sales, the appearance of price, consumption, but rather to actual re- day Succeeds Slain | Peru President | above, Gen. Oscar Benavides, is the new president of Peru, quickly elected to succeed the assassinated Luis M. Sanchez Cerro. liams, Harold Smith, George Wallace, August Hoff and Harm Engelke. Miss Mary Cashel, county and city relief worker, was the chief witness in most of the cases. Alleged Shortage Is Fixed at $57,099.17 Shortages alleged to exist in the accounts of John Gammons, former Secretary of the state industrial and securities commission, were placed at $57,099.17 in an audit completed Tues- ry The audit, covering accounts from October 1, 1924, to January 10, 1933, shows $2,188.34 apparently unac- counted for in the military history account for interest on the certifi- cates of deposits, while the remaind- er of the alleged shortages is in the Soldiers bonus account. In this latter account funds said to be unaccounted for include $32,816.22 withdrawn from the soldiers bonus account; $11,244.61 interest with- drawn; $9,765.75 withdrawn for claims assigned to John Gammons person- ally and alleged to have been paid for by the industrial commission; $934.25 discount on above claims; $150 over- payment. by state on soldier bonus; claims. Gammons, charged with embezzling state funds, is scheduled to go on trial at the next term of Burleigh county district court. To Consider Missouri Dams at Meeting Here A meeting of South Dakota officials of the Missouri Valley Development association with North Dakotans who are interested in the proposed con- struction of a score of dams in the Big Muddy through federal aid will) — be held in 25 or 26. The board of directors of the Bis- marck Association of Commerce has invited Will G. Robinson, Pierre, pres- ident of the association, and other officials of the organization here for @ meeting. It is probable, Goddard said, that Governor Tom Berry and the game and fish commissioner of South Da- kota will accompany the South Da-, kotans here. \Everyone interested in the proposal! will be invited to the meeting, the local secretary said. Name Pallbearers for Mrs. Snyder Funeral Funeral services for Mrs. Harry P. Snyder, resident of Bismarck for 18 years who died early Sunday, will be conducted from St. Mary's pro-cathe- dral at 8 o'clock Wednesday morning. Rey. Father Henry Holleman will officiate and the remains will be in- terred at St. Mary’s cemetery. Bismarck, probably May Scout workers which is to be held in | Bismarck, June 2 and 3, according to jfonal Girl Scout committee and who! FINISH PLANS FOR REGIONAL MEETING Girl Scout Workers of Hiawatha Region Will Hold Confer- ence Here June 2-3 Plans are nearing completion for the round-table conference of Girl: Mrs, N. O. Ramstad, who is North| Dakota’s representative on reg- is in charge of arrangements for this meeting. Sessions will be in the din-| ing room of the World War Memorial | building. | Mrs. Ramstad has been notified that two automobile loads of delegates will come from Aberdeen and one from Huron, while North Dakota towns will send delegations of vary-/ ing sizes. Largest numbers will come from Minot, Williston, New Salem. | Glen Ullin, Jamestown and Fort Yates. Although the Hiawatha region embraces Minnesota and North and South Dakota, it is not expected that Minnesota will send any one to Bis- marck as it will have a conference of its own later in the month. This is the first conference of its kind ever held in the Hiawatha reg- jon. The first day’s sessions will hold special interest for those whose work in scouting is largely in advisory ca- pacities, while the second day will be given over to the practical problems of troop leaders. The morning session Friday will be devoted to a discussion of camping problems, while the Girl Scuot pro- gram will be featured at the afternoon meeting. Mrs, John H. McKeever, Aberdeen vice chairman of the Hiawatha reg- jon, will preside at the opening ses- sion. Mrs, Ramstad will conduct the afternoon meeting. Troop leaders will hold their round- table discussion on troop management, which will include adolescent psy- chology, the educational cycle of the Girl Scout program and the interpre- tation of Girl Scout ideals. These discussions will be held by Miss Marie Aftrieth, regional field worker, and Miss Teresa Carter of New York, as- sistant secretary of the national field division of Girl Scouts. Miss Carter has been director for 15 years, of the Hendrick Hudson reg- jon, which embraces New York and New Jersey and is the largest region in point of numbers in the United States. Her experience will enable her to bring to the dicussion practical suggestions in troop activities and management in small and large com- munities. e Husband Woos Her to Movies Eugenie Leontovich, above, is a Broadway stage star. Her hu band, Gregory Ratoff, is find- ing fame in the movies. So Mme, Leontovich is expected to heed a call from Hollywood to Play leading role: high school girl, was awarded first prize in the Lions district essay con- test on the subject, “If I Were a Lion, What Would I Want My Lions Club to Do for My Community,” ac- cording to W. Murray Allan of Grand Forks, district governor. Second place was awarded to Helen Thal, 16, of Lakota. The prize winning essays were sent to the Lions international in Chicago to compete in the inter- national contest, —————— Don’t Deaden Periodic Pain— Prevent It! Take Lydia E. Pinkham’s Tab- lets a few days beforehand and notice the difference. If yours is The general public is invited to at- tend the conference sessions as well as the banquet Friday evening. McClusky Girl Wins Lions Essay Contest Grand Forks, N. D., May 16—(7)—| Ruth Schlatz, 18-year-old McClusky Coming! Coming! The Biggest Laugh Show in 20 Years. Watch for Joe and Eddie! | TITTLE BROS. PACKING CO., INC. 400 Main Phone 332 Wed. and Thurs. Specials Spareribs 8 4 c Fresh meaty, per Ib. Veal Chops 1 7c Choice, per Ib. ...... Pallbearers will be Oscar Selvig, Henry Halverson, Ambrose Brazerol, Frank Clausen, Chris Huber and Earl ‘Speaks. . ‘The body will lie in state until the time of the funeral at Webb's Funeral Home. All officers and members of the De- gree pf Honor Protective association, of which Mrs. Snyder was a mem- ber, are urged to assemble at Webb’s Funeral Home at 7:45 o'clock to at- tend the last rites in a body, it is an- pened by Mrs. Alfred Zuger, presi- nt. Salvation Army Folk Gather at Jamestown; Jamestown, N. D., May 16—-()— Delegates to the state Salvation Army convention which opened here Tues- day afternoon continued to arrive in Jamestown throughout the day. Ses-| = sions continue through Wednesday. Officers from the following cities will attend the conference: Minot, Grand Forks, Williston, Devils Lake, Mandan, Bismarck and Valley City in North Dakota, and Fergus Falls in Minnesota. Division leaders of the organization already are here. Mexican Sentenced For Possessing Drug Fargo, N. D., May 16.—(?)—Alfredo Lopez, Mexican, was sentenced by District Judge Daniel B. Holt to serve three months in the Cass county jail and to pay a fine of $300 on a charge of having marihuana, Mexican weed drug, in his possession. The maxi- Weiners Large Swift's, lb. 123c Baked Beans Heinz Oven, 1 Ib. cans, 3 for 25c a stubborn case you may need to take them regularly for a few months. Persistent use brings permanent relief: Not a pain killer to dull the agony, but a modern sci- entific medicine which acts nee athe CAUSE of the nor le: New size package—50; at all druggists: ss LYDIA E. PINKHAM’S TABLETS Insure Against the Losses Caused by Windstorms There is only one way to make sure that a bad blow will not rob you of hundreds or thousands of dollars. Carry enough wind- storm insurance— written in a reliable company. ‘This agency of the Hart- ford Fire Insurance company will see that you are protected against windstorm losses. Call, write or phone today. MURPHY NOTICE OF EXECUTION SALE: NOTICE IS HEREBY GIVEN: That by virtue of a judgment of foreclosure and sale entered on the 12 day of May, 1933, in an action wherein Robert A. Cohen is plaintiff, and Harvey B. Moffitt, Sarah V. Moffitt, First Guar- anty Bank, a corporation, and Guar- anty Security Company, a corporation, are defendants, and a special execu- tion issued thereon, the undersigned, as sheriff of the county of Burleigh and state of North Dakota, for that purpose appointed, will sell at public auction at the front door of the court house at Bismarck, in the county of Burleigh and state of North Dakota, on the 19th day of June, 1933, at the hour of ten o'clock A M., of that day, the real estate and mortgaged prem- ises situate in the county of Burleigh state of North Dakota, directed in said judgment and execution to be sold, and which are described as fol- lows, towit: The Southwest Quarter mum sentence is six months in jail (sw%) of Section Thirty-two (32), and $500 fine. [township One Hundred Forty-two Possession of marihuana is pro-| (!42)_North, of Range Seventy-eig 78) West of the 5th P. M., or so much hibited by an act passed by the 1933 {ncreot as may be necessary to sat~ legislature. The arrest and sentence isty the said judgment and costs, are believed to be the first in the amounting in all to the sum of state since the new law became ef-(51731.00, with interest thereon from IHOUSANDS agree! This crispy cereal isthe grandest- tasting breakfast dish they know! Moreover, Post’s Bran Flakes acts as precaution against con- stipation due to lack of bulk in the diet ; . ; a dangerous condi- tion, often unsuspected, that may result in listlessness, lack of ambition, ill health. Post’s Bran Flakes guards against this trouble by provid- ing the bulk you need but that so many diets lack. Thus it helps to prevent intestinal stogglsliness and to insure normal elimina- tion: It is also rich in poor phorus, iron and Vitamin B. So adopt this proven pro- gram: Plenty of exercise—water to drink between meals—fresh fruits and vegetables in the diet. And a generous daily helping of Post's Bran Flakes. You'll loveit!— plain or with fruit or berries, Start now—and see how it helps to keep you reg- ular!A produc ofGeneral Foods. | fective. Local Man Sentenced On Liquor Charges Pleading guilty to a charge of pos- session of moonshine late Monday af- ternoon, Frank Stone, 306 Fifteenth St., south, was sentenced by District Judge Fred Jansonius to serve four months in the county jail and to pay a fine of $200 and costs. The sentence was suspended, upon | his good behaviour and payment of the fine and costs. \ the date of said judgment, and the accruing costs of sale, Dated this 15th day of May, 1933. J. L, Kelley Sheriff of Burleigh County, Bismarck, North Dakota, Dullam & Young Attorneys for Plaintiff Bismarck, North Dakota, 5-17-24-31 6-7-14, me year will be accepted up to May 30th, 1933 when the bids will be opened. | WE RESERVE THE RIGHT “| | rel. al REJECT ANY OR ALL BIDS. BOARD TRUSTEES. BISMARCK HOSPITAL. 2 5-16- “The Man Who Knows Insurance” Bismarck 218 Broadway = Phone 5377 The honor -f serv- ing you at a time when expert and eftictent service is so badly need- ed obligates us to d everything as nearly perfect as possible. You can rely upon us. WEBB BROS. Faseral Directors Phone Night Pheme 5@ or 997 Union Stockyard Is Planned for Fargo St. Paul, May 16.—(#)—The branch which the St. Paul Union Stockyards company will establish at Fargo will call for expenditure of $100,000 un- der present plans, President T. E. Good said Tuesday. Plans and specifications are to be iTeady by June 15 and September 1 has been set as the date for completion. An option on 126 acres adjacent to the Armour Packing Plant has been acquired, “This will be an excellent thing,” Good said. “Not only for this market but for the livestock growers of North Dakota who have never before en- joyed the advantages of a public open market.” Formerly these growers have been forced to sell direct to packers, thus losing the benefits of open com- petition. E. R. Handy, superintendent of the company, and J. C. Lutz, company engineer, left for Fargo Tuesday to drawing up specifications. L. W. Kube, traffic manager, has been in Fargo for several days in connection with the project. Rush Cuban Troops To Halt Rebellion Havana, May 16.—(?)—One hundred soldiers, including machine gun, cava- lry and artillery units, were en route to Santa Clara province Tuesday to reinforce 300 others previously dis- Patched to assist rural guards in brushes with rebel bands. Telephone reports from Sancti Spiritus, in the province, 210 miles southeast of here, said 300 armed re- bels had gathered, apparently plan- ning an attack on the town. Previous to the concentration of the larger band army detachments headed by Lieutenant Oviedo had driven off 30 or 40 revolutionaries, capturing horses and arms. THAT From the memoirs.of H. Ashi With GWILI AN GREGORY RA FRANK MOR Bertilion 7 - Big Days - 7 Starts Saturday How long is it since someone's said THE MARBLE estal led to the solution of the gruesome riddle, and to the capture of Based on an actual adven- ture of the great Bertillon revealed for the first time published In American Weekly. a CAPITOL Admission Wed. ==THEATRE ==— 25¢ IMAG WAS ONC A LIVING FOR dangerous criminal in a thrilling drama. won-Wolle, DRE TOFF GAN “WHAT lovely ai YOU HAVE!” Beauty.is skin deep—and your skin must be lovely if you would be beautiful! 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