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North Dakota’s Oldest Newspaper THE BISMARCK TRIBUNE Weather Report Partly cloudy tonight and Saturday; slightly warmer tonight, ESTABLISHED 1873 Holds FARGOAN READY T0 BEGIN CIRCULATION OF VOTE PETITIONS One Initiated Law Would Name 49 Delegates to Constitu- tional Convention SECONDS HITS STATE LAWS Only Restrictions Against Sale to Indians, Minors Would Stay on Books | Fargo, N. D., Aug. 4.—(?)—North Dakota could join the list of states which have acted on National Prohi- bition Repeal by Nov. 29, declares C. P. Stone, Fargo, president of the as- sociation for ratification of the 2ist amendment in North Dakota, in an- nouncing the form of two petitions to be circulated. One calls for election of 49 dele- gates to a state convention to act on the national amendment. The second would repeal all state prohibition laws except those prohibiting the sale of liquor to minors and Indians, a replica of House Bill 76, passed by the House but rejected by the senate at the last legislative session. Stone plans to have the petitions Placed in the mails by the end of the week, The petition on national repeal states in part: “We the people of the state of North Dakota, believing that the proposed amendment (2ist) to the constitution of the United States should be rati- fied. Do hereby enact the following Ww: “Section 1. A constitution conven- tion shall be assembled and conven- ed in the City of Bismarck, N. D., at noon 10 days after this act goes into effect for the purpose of acting upon the 2ist amendment to the constitu- tion of the United States which has been, by act of congress, referred to the convention to be held in each state. “Section 2. The following named electors of the State of North Dakota are hereby selected and named as members of said convention, to-wit . . Section 3. The members of said} convention shall meet at the time and place mentioned in Section 1 of this bill for the purpose of considering the | 2ist amendment to the federal con- stitution proposed by congress and shall reject or ratify said proposed! amendment by a majority vote of the members in attendance at said con-} vention...” | The section further provides for or-j; ganization of the convention by elec- tion of a president and such other of-} ficers and such rules and regulations! as it may deem necessary. The con- vention may adjourn from time to time. ‘The fourth section provides dele- gates shall receive $5 a day for at- tending the convention and “10 cents per mile for each and every mile; necessarily traveled going to said con-| vention.” But delegates may not draw pay for a session of more than two days. { The association for ratification is} selecting the list of 49 delegates and! will announce them as acceptances are received. Thus far 38, each from a different legislative district, have accepted and the intention is to have; all 49 districts represented, but this is not necessary as the entire list is at large. Delegates are not bound in the peti- tion but Stone says: “They will vote in accordance with the majority vote of the state at the polls.” ‘American Girl Beats Prince in Golf Game London, Aug. 4.—P)—Miss Beatrice Gottlieb of Tuckahoe, N. Y., has earn- ed the proud distinction of being the first woman of any nationality to beat the Prince of Wales at golf. She will take back to America in a few days a box of golf balls given her by the Prince. Also, she will return home minus one of the clubs from hher caddie bag. The club now is in the possession of the Prince, a gift from Miss Gottlieb. ——————_————_* | Gandhi Given Year | | In Jail at Poona | Poona, India, Aug. 4.—(P)—Af- ter a brief moment of liberty, the Mathatma Gandhi was rearrested Friday and immediately sen- tenced to one year in jail because he declined to remain in Poona and refused to cease his political activities. ~The magistrate explained that because of the mahatma’s age and physicel condition the sen- tence was only one year of sim- ple imprisonment. Gandhi asked { to be placed among the lowest grade prisoners. The Nationalist leader inform- ed the court that it was no pleas- ure to him to break the laws of the state. He was offering all the resistance a peaceful man could, he said, to an unjust sys- tem of government. The mahatma was brought to Yeroda jail Wednesday from Ahmedabad, where he was ar- rested with his wife and 33 devo- tees 28 they were about to begin an “individual” discbedience ac- N. D. Re Sylvia S # siveness these days. lot in Hollywood in the middle o: Prepared to embark for Burope tirs Hollywood Furore Sylvia Sidney, winsome screen actress, has a real reason for her pen- Defying studio executives, she walked off the idleness by her absence, begged her to return. Sylvia said she stopped work because of a neck a! BISMARCK, NORTH DAKOTA, f a picture, flew to New York and while fellow players, thrown into ent. Far Exceed BALLOONIST PLANS STRATOSPHERE TRIP BEGINNING TONIGHT cago At Midnight; May Ascend 10 Miles Chicago, Aug. 4.—(?)—Lieut. Com- mander T. G. W. Settle of the navy said he definitely expected to take j off on his solo balloon flight into the Stratosphere from Soldier Field Fri- day night : The navy balloonist, winner of last year's Gordon Bennett international iballoon races at Basle, Switzerland, early Friday said the high pressure area reported moving toward Chicago seemed definitely assured. He said he would consult with the local United States weather bureau once again, after which he would make his final decision. The actual take-off probably will be about mid- night, Meanwhile, plans were going hur- riedly forward to move the huge bal- loon into the enclosure of the field and to prepare for its inflation be- ginning at sundown Friday evening. The bag has a capacity of 600,000 cu- bic feet and two hours will be re- quired for the filling process. Settle said he hopes to be at least @ mile over the earth by dawn Sat- urday and that as the sun rises its rays will add to the buoyancy of the balloon, causing it to rise much fast- er. He has set as lis goal an alti- tude of 10 miles. Say Man Ran Off With Young Bismarck Girl A 23-year-old man, who is alleged to have run off with a 13-year-old Bismarck girl, was arrested in Minot Friday and held for Capital City po- lice officials, according to C. J. Mar- tineson, Bismarck police chief. Martineson and J. L. Kelley, Bur- leigh county sheriff, expected to motor to Minot late Friday afternoon to take the man into custody and to re- turn the girl to her parents here. The girl disappeared Thursday. She was found.in Minot weeping and wandering about the streets, ac- cording to Martineson, and told her name when police took her in charge. The man is believed to be a former the police chief here. Martineson said the man and girl spent the night in a hotel at Max, having left here on a freight train. , SETS GLIDER MARK Brandenburg, East Prussia, Aug. 4. —()—Kurt Schmidt brought down his sailplane at 8 p. m. Friday night after completing 37 hours on sustain- ed motorless flight for a new world's tion. irecord. Results Achieved byN.R.A, Settle Expects to Leave Chi-; soldier at Fort Lincoln, according to| tical. Expectations Plan Stock-Taking to Ascertain! Number of New Jobs Made Available Washington, Aug. 4.—()—The six-| week-old industrial control move- ment for higher wages and shorter work hours has spread so far over |the American map that officials di- recting it admit Friday it has outrun their realization. They are planning soon a stock- taking to measure in terms of new jobs made and wages increased for those now at work the actual results obtained. ! Only a handful of binding, perma-! ment codes of fair competition have; {been put in force by the recovery ad- | jministration of Hugh S. Johnson. !The spread of the program has come} {partly through the voluntary presi- dential reemployment agreement now being signed by individual employers and through putting into effect, pending hearings, the labor terms of | many codes advanced by business and industrial groups. The latter process has spread the new experiment in industrial rela- tions over employers of so many mil- lions of wage earners that officials estimate something like one-half the business and industrial workers of the country—and possibly even more —either are under its benefits or within reach of them. Pending appraisal no one would hazard Friday a definite estimate of workers affected or of new payroll values created. But the administra- tion Friday began calling upon its regional offices for actual numbers of reemployment agreements signed and for the total of workers affected by them. Hearings Are Pushed At the same time officials proceed- ed to work out the temporary blan- keting process for more trades; pushed forward hearings on the gar- ment and shirt industry code and a new one for the photographic indus- try; studied in detail the record on steel and lumber hearings to frame final recommendations to President Roosevelt; began work on final draft (Continued on Page Nine) Man Near Death From Auto Mishap Injuries ‘Rhame, N. D., Aug. 4.—(P)—John R. Dyer, about 40, dean of the Uni- versity of Idaho, southern branch was near death and his wife and two children were in the Rhame hospital | with injuries suffered in an automo- bile accident near here Friday. Dr. 8. E. Patterson of Rhame, who} is attending the family, said Dyer suffered a fractured skull and collar- bone and that his condition was cri- His wife suffered cuts, bruises and broken ribs while one of their two children suffered a fracture of the leg and the other was unconscious from undetermined injuries. Dr. Patterson said Mrs. Dyer was idriving the automobile between Mar- marth and Rhame and the car went into a ditch when a grasshopper ‘struck her in the eye. | | Passing motorists brought the in- \did sign, thereby unwillingly became! Persons in public trust, and IN NMPHENRY COUNTY CASTIGATES LANGER’ Scores Establishment of Lead- er and ‘Extortion’ From State Employes CALLS COLLECTIONS ‘LOOT’ | Other Executive Committees; Asked to Express Views on This Question Branding collection of five per cent of highway workers’ salaries as “ex- tortion unworthy of any person or persons in public trust” the Nonpar- tisan League executive committee of McHenry county Thursday called on “perpetrators of the outrage” to re- turn the money. The newspaper placed under fire is the Leader, organized by Governor William Langer and declared by the McHenry county committee to be a “purely personal enterprise, calculat- ed to further the ambitions of a per- son or persons. The resolution asserts that it is im- possible to sell subscriptions to the newspaper and, as a consequence, em- ployes who contribute five per cent of their pay find it impossible to get back the money. Asks Others to Follow Nonpartisan executive committees in other counties are asked by the McHenry county group to follow its lead in condemning the Leader and demanding refunds of the money wrested from state employes for its maintenance. The text of the resolution follows: “Whereas it has come to our kriowledge that the employees on the highways in McHenry county as well as elsewhere in the state have been approached by emissaries of the state administration and asked to sign @ contract calling for payment of 5 per cent or more of their annual salary purported to be used for publishirig a Nonpartisan League newspaper, and “Whereas the Nonpartisan League state executive committee has given out.a public statement to the effert that the Nonpartisan League is not sponsoring any newspaper at this time, and “Whereas the signatures of afore- said employees were obtained under} the impression of being laid off and; replaced by others if they refused to sign, and | “Whereas these employees rather! than to be thrown out of employment! @ part of a machine to solicit sub-| scriptions to said newspaper, and { “Whereas in view of the statement given out by the state executive com- mittee this newspaper must be a! purely personal enterprise calculated | to further the political ambitions of ' @ person or persons, and Is Pure Extortion j “Whereas in this time of depression | it is next to impossible to sell any subscriptions for cash, it appears to! us that these contracts so extracted from these employees is a pure ex- tortion unworthy of any person or “Whereas this course taken by the state administration is highly detri- mental to the cause of the Nonparti- san League ‘in McHenry county, and! “Whereas this committee has the) cause of the Nonpartisan League at} heart aiming to stand for clean poli- tics only, and “Whereas we feel that we are ex- pressing the sentiments of a majority of the people of McHenry county who| cast a large majority for the League candidates at the last election, now; “Therefore be it resolved that we are unalterably opposed to and do hereby condemn such course taken by the state administration as being both unprecedented and un-American and utterly against public policy and decency. Be it further resolved that we hereby call on the perpetrators of this outrage and demand that they return the loot already collected to the highway employees of McHenry county forthwith and be it further resolved that we call on other county executive committees in the state to express and voice their opinions on this most important matter.” Road Contracts to Be Let August 25 Contracts for approximately 143 miles of road construction work in North Dakota will be let by the state highway department August 25, it was announced Friday. The projects include about 100 miles regraveling, 31 miles gravel surfacing, and 12 miles grading. Included in the work is a bridge north of Amenia in Cass county and painting of the Me- morial bridge over the Missouri river here. Money for this work includes some miscellaneous funds left in the high- way department and from Morton and McKenzie counties where bond issues were voted, releasing part of the allotment monies for feeder roads. The projects to be let in august in- clude: Gravel surfacing of 9.538 miles north of New Salem and 11.647 miles north of Glen Ullin, Morton county. Renville, 11.262 miles, Glenburn east and west. ROADS FAIR TO GOOD Roads throughout the state were) reported to be from fair to good Fri- day by the state highway depart- NONPARTISAN GROUP |STOCK EXCHANGE IS FRIDAY, AUGUST 4, 1933 FLOODED WITH GAS PUT IN VENTILATOR Bombs Penetrate Building and Force Hasty Cessation of Trading POLICE LAUNCH INQUIRY No One Seriously Injured But! Many Suffer From Irrita- tions of Eyes New York, Aug. 4.—(P)—The New York stock exchange was forced to close early Friday afternoon when fumes, which the exchange said had apparently come from explosion of two tear gas bombs, flooded the lower floors of the big building. The fumes were at first believed to have come from a leaky ammonia pipe in the exchange’s air-cooling sys- tem, but after a hasty examination officials thought gas bombs had been tossed into the ventilating apparatus. Police immediately began investiga- tion. A hasty check-up of traders and clerks who had been on the floor, as well as of persons in offices on upper floors of the building, disclosed that no one had been seriously injured, although many persons were suffer- ing from badly irritated eyes. The fumes billowed up through the first four floors, which were ordered evacuated, and also swept into the streets at a time when the stock ex- change district was thronged. ‘Trading on the exchange was im- mediately suspended for the balance of the day. Police reserves and emergency squads were rushed into the district and held back the milling thousands while the affected floors of the ex- change structure were cleared. Members of the exchange's owrl po- lice force donned gas masks as soon as the fumes were felt, about 12:15 o'clock, and groped their way through the lower part of the building search- ing for the supposed leak in the air- cooling system. A quick investigation revealed that two tear gas bombs had been thrown into an open ventilating pipe. ‘BISMARCK WOMAN COMMITS SUICIDE Mrs. Christine C. Barth Hangs Herself in Garage Be- hind Home The lifeless body of Mrs. Christine C. Barth, 45, of Bismarck, was found by members of her family shortly af- ter 6 o'clock Thursday evening in @ garage behind the Barth residence at 1316 Eleventh St. The woman, wife of Jacob J. Barth, {had hanged herself, probably early in the afternoon, according to W. E. Perry, Burleigh county coroner, who was called to investigate. Mrs. Barth had used a clothes line rope to hang herself from a rafter in the garage. Perry said it was a clear case of suicide and that he would not call an inquest. He said he could find no reason for the tragedy, declaring that Mrs, Barth had been in good spirits and health. Mrs. Barth was born Aug. 10, 1878, at Fort Recovery, Ohio, the daughter of Rey. and Mrs. George Wolf. She came to North Dakota with her parents in 1904 and lived five miles north of Elgin, where her father was pastor of three churches. She was married to Mr. Barth May 6, 1908, and lived at Mott until they moved to Bismarck Jan. 1, 1920. She had lived in the Capital City since. Mrs. Barth leaves her husband, two sons, two daughters, two brothers and four sisters. Sons and daughters are Raymond J. Barth, Harold V. Barth, Gladyce Barth and Viola Barth, all living in Bismarck. Brothers and sisters include Rev. C. G. Wolf of Baltimore, Md., Herbert Wolf of Armstrong, Ia. Mrs. Otto Barth, Mrs. Henry Bellman, Mrs. Adolph Lutz and Miss Georgia Wolf, all living at Lodi, Cal. Funeral arrangements had not been completed Friday noon. State Offices Move Out of Postoffice Offices of the Industrial and Secur- ities commissions were moved Friday morning from the postoffice building to the Patterson hotel. The rooms oc- cupied by the state departments will be used to house the Bismarck branch The Fire Marshal, who has been occupying rooms in the federal build- ing, expects to move within a few days to make room for the reemployment office. The marshal does not know where his new office will be located, he said. The two offices have been located in the federal building for some time, the offices of the industrial commis- ston having been moved there shortly after the fire which destroyed the old jured persons to Rhame | ment. capito] building of the Home Loan bank. (ial de building is going ahead rap-; PRICE FIVE CENTS from Federal court where he colla) victim of a ment charging him with misapplication of funds of his bank. Joseph W. Harriman, indicted New York banker recently committed to a hospital for mental observation, is seen here as he was carried psed during his trial on an indict- He was heart attack. Advances in Trade and Business Make Many Lines DENVER RECOVERING FROM INUND ATION; THREE KNOWN DEAD) 12 Bridges Taken Out in City When Cloudbursts Break H Castlewood Dam Denver, Aug. 4.—()—Cherry ie river, flowed docilely in its concrete} lined channel Friday, bearing no re- semblance to the roaring torrent which took three lives Thursday and did damage possibly in excess of a million dollars. Denver residents long had feared what happened—the collapse of Castlewood Dam, 35 miles upstream. A cloudburst in the plains country east of Castle Rock, where the dam is located, brought down sufficient wa- iter to cause the break. i Damage to Denver was confined to bridges—12 of them were taken out by the flood—the warehouse section and the Country Club residential dis- trict through which the creek runs. The largest portion of the estimated | damage—$500,000—was that to farm- ers along the course of the stream from the dam to the city limits. Huge tree trunks, bits of houses and barns and other debris littered lawns, sidewalks and streets. A log floated into the Union station wait- ing room. A heavy death toll was averted through the quick action of Hugh Paine, caretaker at the dam. The storm knocked down telephone lines but he rode horseback 12 miles to Castle Rock and notified Denver po- lice that the dam had collapsed.. A dozen police cars, sirens shrieking, went through the lowlands and warn- ed the residents to flee. Bertha Catlin, 24, of Page City, Kas., an employe on a ranch near Franktown, was drowned when she was thrown from a horse into the swirling creek. Tom Casey, 80, fell into a deep pool in the yard of his Denver home and was drowned. Mrs. Claude Hill, 50, was drowned when her ranch home in the Mathe- son section was washed from its foun- dation. Bad Weather Causes Flight Plan Change Rome, Aug. 4.—()—Gen. Italo Bal- bo, commander of a squadron of 24 Italian seaplanes, sent a message from Shoal Harbor, N. F., Friday saying he had decided to change the return route and go by way of the Azores and Lisbon. This change from the original in- tention of flying from Shoal Harbor to Valgntia Island, Irish Free State, was due to a continuance of bad weather over the North Atlantic, par- ticularly near Valentia, he said. Meteorological stations were order- ed to prepare a route via the Azores. The commander said he expected the planes to take off on the next lap of the journey from the United States to Italy some time after Aug. 10. Make Rapid Progress On Capitol Building Construction work on the new idly despite controversy among lath- ers. Workers were busy Friday instail- ing two large boilers in the basement of the structure, erecting tile parti- tions on the third and fourth floors while metal lathing already has reached the seventh story. Stone work on the administration section was almost complete except for the topmost part of the tower and the laying of stone on the plaza was funder way. Commercial Firm Sees Empha- tic Improvement Despite Some Fluctuations New York, Aug. 4—(?)—Trade and business continued on the uptrend last week with gains distributed in more directions, the Dun & Bradstreet Review said Friday. The improve- ment was emphatic despite minor fluctuations in isolated places, the agency added. Regarding the balance of retail pur- chasing against production and wholesale operations, the agency said “the fact that consumer buying thus far has trailed somewhat the hectic gains in wholesale commitments and industrial production has created no cause for concern. “Retail inventories still are below normal and the rapid inroads being made into present holdings will pro- vide ample room before fall shipments of merchandise will have been re- ceived. “Of outstanding significance in cur- rent consumer buying is the spreading of interest to articles which have been persistently slow moving. High priced automobiles are selling at a better rate and sales of some of the leaders in the low price field are well above last year’s figures. The sharp upturn in sales of typewriters, stationery, of- fice supplies, and office furniture is indicative of the stabilized level to which the broadening of commercial activity has advanced.” No Findings Made in Fargo Scandal Case Fargo, N. D., Aug. 4—(#)—A cor- oner’s jury which has been inquiring into the death of Mrs. Hilda Gray, found dead Wednesday morning in the apartment of D. F. Ellsworth, fed- eral narcotics agent, was unable to qetermine the circumstances under which she died, it reported at noon today. The verdict of the jury states: “That the said Mrs. Hilda Gray died from hemmorhages induced by a iinear fracture of the skull which fracture was caused by a blow or fall under circumstances which we are unable to determine.” As an aftermath of the inquest and investigation surrounding the death following a drinking party Tuesday uijght in Ellsworth’s apartments, Ells- worth was arrested on the charge of faving liquor in his possession. A warrant for Fritz Marotzke, pro- prietor of Fritz Lunch, in which three gallons of beer were said by witnesses to have been purchased. In the Cass county court Ellsworth Pleaded not guilty to the liquor charge and was ordered held in default of $1,000 bond. Marotzke has not been arrested. The former case in which Ellsworth was held under $15,000 bond as a material witness was dismissed. Ellsworth, whose resignation as a narcotic agent was requested Thurs- day by his superiors at St. Paul, said his wife, with whom he had not been living, and their son are at Webster, 8. D. Woman, 107, Makes Plans for Future Lansdale, Pa. Aug. 4—(P)— One hundred and seven years old Friday, Miss Mary Knapp of Montgomery Square is sandwich- ing between the greetings of friends her plans for the future. She intends to vote this fall with her pencil checking the Democratic candidates, but she would vote “in a minute” for Governor Pinchot, Republican, were he to run for president. For the sake of the country she apposes 3.2 beer “because it is leading to something stronger and I've always been an ardent Will Arbitrate Mining Strike peal Possible by November 29 Indicted Banker Collapses at Trial PRESIDENT ACTS 10 SETTLE LABOR WAR INKEYSTONE STATE Recovery Administration Lining Up All Affected Produc- ers in Area FRICK FIRM IN AGREEMENT. Big Company Approves Pro posal; Union Leaders Ex- pected to Follow Washington, Aug. 4.—(}—President, Roosevelt was said in informed quare ters Friday afternoon to have pro- Posed establishment of an arbitration board for settling the issues between coal operators and miners behind the Pennsylvania strike, Settlement of the strike trouble was in early prospect, leaders said, and the recovery administration set to work to align all affected producers. The arbitration board was asserted to be the core of a proposed agree~ ment for ending the strife in the bi- tuminous fields of the state, which earlier had been revealed as accept- able to the H. C. Frick Coke company, in the fields of which the strike orig- inated, and to the United Mine Work- ers, Hugh S. Johnson, the recovery ad- ministrator, acting at the direction of the chief executive, proposed that John L. Lewis—president of the Unit- ed Mine Workers—order the strikers to go back to the mines pending adop- tion of a code of competition for the bituminous industry, under the recov- ery act, and that no discriminations against strikers or unionized workers be made by the employers. Johnson Calls Meeting The board, it was said, would be drawn from the’ industrial and labor advisory boards of the recovery ad- ministraton, Johnson, after conferring individ- vally with the various parties to the strike controversy, called them to- gether again Friday afternoon and Put forth the demand of the president that some agreement be reached and the strike ended. All indicated confidence an agree- ment would be reached, It appeared certain from the trend of things at the recovery administra. tion, that the terms accepted by the Frick concern were acceptable to the United Mine Workers, but neither source would disclose the arrange. ment. Federal wishes to end the strike quickly were attested by the severity of pressure brought. The strike was described by a high authority as a potential menace to the entire recovery program. The possibility of a general shut- down in the bituminous fields, creat- ing bad psychology throughout the country and perhaps causing a short age of industrial coal, was one of the principal factors which motivated the entrance of the government into the situation, and determined President Roosevelt upon a decisive course, LEGION CHIEFTAIN RALLYING VETERANS Summons Members of Organi- zation to ‘Argonne Offen- sive of 1933’ Hyde Park, N. Y¥., Aug. 4—(P}— President Roosevelt, rejoicing at the support of the American Legion, drove into hfs national recovery came paign with renewed vigor Friday. A message from Louis Johnson, nas tional commander of the Legion, sum- moning the men of 1918 to the “Ar- gonne offensive of 1933” was hailed by the president with “supreme faith.” Meanwhile Roosevelt turned to new flanks in the national offensive. He watched with renewed interest the struggles of capital and labor in the coal fields of Pennsylvania. A detailed report from General Hugh 8S. Johnson on the coal field trouble was awaited. In reply to the assurance of support from the American Legion the Presi- dent said: “I have just received your battle order. I have a supreme faith that the loyalty of the Legionnaires will manifest itself in this crisis just as it did a decade and a half ago.” Commander Johnson, in his mes- sage to the president, told of the sum- moning of 10,760 Legion posts into immediate session for “a fight to the finish to end conclusively a war of economic forces that have brought us all to the threshold of disaster.” “To the end that these objectives shall be reached swiftly and definite- ly,” said the Johnson message, “I call upon all the 10,760 posts of the Am- erican Legion to convene in meeting, to offer immediately their loyal co- operation and services to the official representatives of the national recov- ery administration in their respective communities and to cooperate in act jeving its objectives. These are ‘bastie orders.’” EXTRADITION APPROVED Helena, Mont., Aug. 4.—(?)—The extradition of Art Feltz to Minot, N, D., where he is accused of removing @ mortgaged automobile from the state, was approved Thursday by Act- ing Governor Robert Pauline. Feltz is held at Scobey.