The Bismarck Tribune Newspaper, February 10, 1934, Page 3

PLAN T0 TRANSFER BEAVER FROM SLOPE Game and Fish Department} CLEARING THE MORATORIUM ATMOSPHERE Would Put Natural Dam Builders Back to Work A program proposed this summer for the transfer of beaver from west- ern North Dakots to streams in the eastern part of the state will get un- der way in the spring as the state game and fish department embarks on-a campaign termed by officials “ome of the greatest water conserva- “i ever undertaken by the state.’ Owing to lateness in getting started Jast season and to the low water- levels in many streams, it was not practicable to proceed at that time, Thoralf Swenson, commissioner, re- | Ported, but the program will launched with the coming of spring. “Realizing the beaver is the greatest dam builder and engineer in the state,” Swenson said, “the depart- ment has stopped the issuing of bea- ver ligense except where, after thor- ough investigation, it was found the damage claimed through the destruc- tion of trees warranted the issuance of trapping permits.” Plentiful in Old Days “Years ago, before hunters and trappers began their activties, every siream in North Dakota was the natural home of many colonies of beaver. Today we find all our beaver in the western part of the state with the excepticn of a few in the James, Red and Pembina rivers. “With ali streams gradually sink- ing, the department realizes the im possibility of damming all by human labor. seek beaver trapping permits, a large number of requests have come from the eastern part of the state for col- ouies of beaver. “The beaver cut down a few trees, bit these trees cannot be classed as destroyed any more than are trees cut down by mankind for the purpose ef building bridges.” From December, 1931, to Dec. 1932, over 300 licenses and over 2,000 beaver seals were issue. Last year only 88 licenses and 455 seals were issued. Beaver licenses and seals were is- sued in only 18 counties last year—all in western North Dakota. They were Adams, Billings, Bowman, Burleigh, Dmnn, Emmons, Grant, Tettinger, McHenry, McKenzie, McLean, Mer- cer, Morton, Oliver, Sioux, Slope, Stark and Ward. + | ] Si eee Weather Report FORECAST Bismarck and vicinity: Partly tonight and Sunday; not much change in tem- o For cloudy much change in temperature. For South kota: —_Unsettled, snow and warmer tion tonight; qj Sunday partly cloudy. For Montana: Fair tonight an Sunday, except unsettled Sunday northwest portion; no decided change in temperature. Minnesota: Cloudy, warmer in east. Portion tonight; Sunday unsettled, Probably snow in southeast portion. cLoUDY GENERAL CONDITIONS High pressure areas are centered over the eastern states and over the northern Rocky Mountain region (Kami 30.62) while lower press- ure overlies the southwest (Modena 30.06). Precipitation occurred in the eastern Rocky Mountain states, but. elsewhere the weather is generally fair. Cold weather prevails in the eastern states, but temperatures are moe in the central and western ricts. Bismarck station barometer, inch- es: 28.48. Reduced to sea level 30.34. PRECIPITATION For Bismarck station: Total this month to date ...... .00 Normal, this month to date .... 15 Total, Jan. 1st to date .. eee Normal, Jan. Ist to date - 4 Accumulated defcy. to date .... 52 NORTH DAKOTA Ponies a. m. est. Pet. Gand Forks, cloudy 20 18 = 00 Jamestown, clear 20 «00 Valley City, clear 20 (00 WEATHER IN THE NATION Low- est Pet. BISMARCK, clear .... 25 00 Amarillo, Tex., foggy .. 34 02 idaho, clear .... 28 00 Calgary, Alta. clear’:.. 20 Chicago, Ti dear... Denver, Colo., snow... 28 Des Moines, Ia., cldy .. 12 Devils Lake, clear ..... 18 fash., Swift Current, @. clear 26 The ~s Pas, Man., cldy Ohio, < N. D., clear.. 24 Nev., clear 24 fan., cldy .. 16 gets $883338223333333338233285888383388%33; BRRoSSSRESASRASKSSSLLSSSSSELSASSELSSSSS PS Winnem ‘Winnipeg, While western North Dakota! extreme southeast; TURNING THE SEARCHLIGHT | BEHIND THE CURRENT SCENE | One of the effects of the moratorium on debt and foreclosure pro- Claimed by the governor has been to set the executive up as a sort of extra- Judicial individual who can raise or lift it at will. ‘The proof of this fact is found in the records of the court of E. 8. Allen, City police judge and ex-officto justice of the peace, who is expected to hand down a decision affecting this alleged boon to the farmer in the near future. By following the case from beginning to its present status the practical workings of the moratorium are made clear, THE WIDOW DEMANDS HER DUE It begins with the filing, on behalf of Mrs. Olina Peterson, by Lawyer Alvin ©. Strutz, Langer’s successor in the law business, of an action to obtain Possession of @ farm once owned and still occupied by J. R. Johnson. The farm is in Burleigh county and Johnson lost it on foreclosure by the Bank of North Dakota when he fell behind on his 1931 payment of $146. Before beginning the action, Struts asked the permission of the gover- nor—and got it—to begin a suit contrary to the moratorium. It was con- tained in the following letter, dated Nov. 18, 1933: “Dear Mr. Strutz: “I am in receipt of your favor of the 6th relative to the J. R. Johnson matter. If this case has not been settled by now or refinanced, I hereby waive the moratorium and you are authorized to proceed. “Yours very truly, “WILLIAM LANGER.” For a time it looked as though poor Johnson were to be denied this boon to the suffering but both he, Mr. Strutz and the governor reckoned without Usher L. Burdick, Johnson's attorney. i MR. BURDICK DEVELOPS A PEEVE Armed with the governor's permission, Strutz proceeded and when he pulled the governor's letter out of the magic hat in Judge Allen's court Red was a roaring on Burdick’s part such as has not been heard in many ;@ day. What he said is unimportant, although it was picturesque and salty. ! What he did affects the story. i Mounting his milk-white charger, he assaulted the governor's office to demand what and why the so-and-so the moratorium was being ignored by | its sponsor. Eventually he emerged with another paper which he filed in ; Judge Allen's court to halt the proceedings. i It ts significant for two things. The first is that it reversed the gov- ernor’s position. The second is that it is presented in the form of a judicial decision. THIS IS WHAT THE RECORD SHOWS As certified by Judge Allen, it reads as follows State of North Dakote, In Justice Court County of Burleigh. Before E. A. Allen, Police Magistrate and Ex-Officio Justice of the Peace within and for Burleigh County. Mrs. Olina Peterson, Plaintiff —w.— J. R. Johnson, Defendant In the above proceedings I am advised that the testimony shows that. J. R. Johnson is 56 years old, married and lives with his family on the ; West half of Section 11, Township 139, Range 75 in Burleigh county, and has resided there for a great many years; that there is upon said land the following improvements: 200 acres under cultivation, a house 26x28 two- story frame, barn, granary, garage, well with windmill and the balance of said land in pasture, and that sald home is located approximately three miles northeast of Driscoll, Burleigh County, North Dakota. I am further advised that the testimony shows that some time prior to 1931 J. R. Johnson borrowed $1800.00 from the Bank of North Dakota, and that he has paid all installments of interest up to the 1931 installment. That | said installment amounted to $146.00 and in default of payment, the Bank of North Dakota, prior to the present administration, foreclosed said land for default in the payment of said installment, and that the sale was held on January 19, 1932; that at said sale the plaintiff became the pur- chaser of said land, and paid approximately $200.00 to cover saiti installment ‘and expenses; that later she paid $336.00 in interest and made a payment ; to the Bank of North Dakota for the balance due under said installment ; mortgage, which amount approximated the sum of $1,800.00. i I am further advised from the evidence taken, that the plaintiff pur- chased said mortgage and foreclosure installment as an investment; that i she is engaged in buying taxes, tax titles and property at foreclosure sales j and has recently done so, and that upon being cross-examined she stated she would not accept the amount due her, with interest, but that she now wanted said land as a home; and that she has another half section of land y| four miles north of Driscoll and not far from the land involved herein, I am further advised that J. R. Johnson testified that he had made application to the Federal Land Bank to secure funds with which to repur- chase said land under the Acts of Congress, known as the Agricultural Ad- justment Act, but that he had no money to pay the inspection fee of $21.00. Under the Act of Congress above referred to I find the following lan- guage, “Loans under this Section (part 3) shall be made for the following purposes only: Any indebtedness secured or unsecured, of the farmer, (3) enabling any farmer to redeem and/or repurchase farm property owned by him prior to foreclosure which has been foreclosed at any time between July 1st, 1931, and the date of the enactment of this Act.” ince he is eligible to repurchase his home under this special Act of Con- possession of said land, and that his application to secure a loan (tho he could pay no fee) shows good faith. That I heretofore issued authority to proceed with this case under the understanding from the plaintiff, herself, that J. R. Johnson was a renter authority heretofore granted under date of November 18, and direct further | proceedings to be dismissed, with costs to the plaintiff. ; Dated November 26, 1933. WILLIAM LANGER Governor. State of North Dakota, County of Burleigh i I, Edward 8. Allen, Ex-Officio Justice of the Pcace in and for Burleish County, State of North Dakota, do hereby certify that the above is a true and correct copy of Exhibit 1, introduced by the defendant, and now on file in my office, in case of Olina Peterson, Plaintiff, against J. R. Johnson, fendant. i EDWARD 8. ALLEN, Ex-Officio Justice of the Peace, in and for Burleigh County, State of North Dakota. | | Dated February 9, 1934. | (The certification at the bottom of the governor's declaration was made by Judge Allen at The Tribune's request to show there is no hocus-pocus. | | A similar certification appears on the copy of the letter given to Strutz.) STEPPING ON THE JUDGE'S TOES One of the unusual points of the “decision” was that it purported to! judge to dismiss the proceedings with costs to the plaintiff. suiareure “Hizzoner" bucked. The governor might make or unmake the | At that i he wasn’t going to tell the judge how to decide a case. So somewhere in ithe Wscuaaion the last 12 words of the letter, deciston or whatever it is, were copy. re some other lotto 83 ‘Telinance the property, but these are for consideration by the judge in deciding the case. He will do so in the expectation that, whatever he rules, the matter will be appealed to a higher court. so he is going to study the law carefully in the hope that his decision will be upheld. ING ON A BUSY MAN es is such a thing as putting too much faith in human nature, as several local individuals found when they accepted a letier from one Paddy sje those friends of the governor who spend a good many waking hours praising his activities admit privately that he is imposed upon occasionally. Such, apparently, was the case of Paddy Ryan, Glendive, Montana, and from the executive. me How Paddy got the letter is problematical. The probability is that he just asked for it. At any rate, the document, as it finally turned up in the hands of the police, reads as follows: on the . wa ins and outs about the matter, such as the various Deputy Warden: er is haan Paddy Ryan of Glendive, Mont., who 1s desirous of visiting Tom Cameron, one: of the inmates. 1 know Mr. Ryan to be re- Mable and square and would appreciate it if. you would let him visit with the aforementioned inmate as long as possible. I will appreciate any cour- tesy you show him. . “With kindest regards, I am, “WILLIAM LANGER, jot, after this Ryan got himself embroiled with O! iw ater. a bid bout with John Barleycorn. He also was accused of obtain- money under false pretenses from some of the governor's friends by showing the letter and with trying to buy a watch from a local jeweler on a 8 kind to induce confidence. . SS entuslly Mr. Ryan was released from durance vile but the police say i i Since J. R. Johnson was the owner of this land prior to foreclosure and | gress, in that no deed was issued until 1933, he clearly is entitled to the | and that his term had expired. For these reasons I hereby cancel said} | moratorium every morning before breakfast, but by the great horn spoon { stricken out by drawing a line through them. They are clearly legible, how-{ strength of it. ‘That.“I know him to be reliable and square” was lan-: “It's all right, fellows, he’s going to give me another week to meet that payment.” they checked up on him and found that he has a prison or jail record in Massachusetts, Ohio, Indiana, Wyoming, South Dakota and Montana, mostly in connection with charges of forging checks. He was sentenced to a year in the Montana prison on June 20, 1953, for forgery and was paroled Dec. 19, 1933, the police say they learned. REACTION TO THE PAYROLL ! Curiously enough, reaction to the publication by datly newspepers of {such portions of the state payroll as they could lay their hands on, was such jf to encourage higher pay for the lower brackets of state workers in the future. Many comments were heard regarding the small wages received {many clerks and Stenographers. Some folks suggested they ought to have a raise. Most bitter were the remarks on the pay given the horde of inspectors now active for the beer commissioner and the regulatory department. The only protests about high wages were leveled at them. Many persons do not know the reason for this disparity in pay. Here it is: The regular clerks and workers are in departments which are budgeted by the legislature and their pay was cut to the bone a year ago. The beer commissioner and regulatory departments have no such han- :dicaps to generosity. They collect large fees for various services and pay | their help as they see fit, since there is no legislative restriction. | DEMOCRATS CHARGE POLITICAL USE OF NRA | A. C. Towney has gone back to Minnesota, none too well pleased with {the manner in which his friends in this state are treating his industries program, latest of a long string of brain children. He came out here hoping to find out what was going on, if he could jmake contact with any of his erstwhile cohorts, and ieft soon afterward. ; What happened isn‘t known but it is a fact that the lads are kinda laying | down on the job. There is very little stirring because the thing has failed to develop the political possibilities which were hoped for it. It never was intended to be anything more than propaganda and when that failed the | interest declined. Most concerned right now are the Democrats and all because of an im- | Posing letterhead gotten out by the Langer group. They have complained to Washington about misuse of the Blue Eagle for political purposes and ‘have asked some action on the matter. It is easy to understand why when you see the letterhead. Here it is in miniature: Z Gov. WM. LANGER, CHMN. H. B. Hanson, @acy. North Dakota Recovery Program Bismarck, N. D. P. O. Box 723 A. Hines__F. Livestock. Coal i STATISTICAL__R. H. WALKER The Democratic protest to Washington against misuse of the Blue Eagle stated that a casual reader might infer that these gentry were in {charge of the NRA program in the state and that it constitutes an obvious fraud since the organization is wholly political and employs no one. ° perature 20 below zero and all streams and pools frozen tight, @ sparrow tried to get a drink at a mill pipe through which water drips continually. The bird’s bill was frozen fast to the pipe. The water continued to drip and freeze. The sparrow was completely encased in ice and frozen to death. ————— Strange But True ' if STRIKES MIGHTY BLOW Reading, Pa—A workman heaved) his pick against the ground and scores of homes were shaken. Windows in several were shattered and the front} One of the roads on the island of wall of one was knocked askew. Crete was built about 1500 B. C., but The pick struck a stone, creating 4! still is good enough for an automo- spark which ignited leaking gas. The/bile to run at 60 miles an hour, ac- workman was unhurt. cording to a Michigan professor. TRAGEDY STRIKES SPARROW Canada produces about 4,000,000,000 Towanda. Pa.—With the tem- {cigarettes annually. THE DOME The Best Recreation Spot in the Northwest TONIGHT or by | East's, THE BISMARCK TRIBUNE, SATURDAY, FEBRUARY 10, 1984 Solution to Previous Contract Problem By WM. E. McKENNEY (Secretary, American Bridge League) Naturally, the most desirable cards at contract bridge are the aces and kings, but aces and kings can get you into a lot of trouble if not handled properly. Just because you are dealt more than your share of high card tricks, don't feel that you must be the deélarer, or that you will not allow the opponents to play the hand at a low contract. Pay attention to the bidding. Con- tract is a partnership game. Learn to have confidence in your partner and you will find your game will im- prove greatly. The Bidding Tt is surprising to discover the, namber of pairs who insisted on playing the East hand at no trump, but let us analyze the bidding. South, | & sound player, is playing a system! whereby an original bid shows a good, hand with rebid values. He has made/! & vulnerable original bid. West could/ not make an invulnerable overcall and North had passed, showing a) hand with less than two probable en- ‘tries, CONTRACT | Today’s Contract Problem | South is the declarer at i three no trump. The con- tract can be dofeated, but West has bid spades and now opens the seven of hearts, which declarer wins with the ace. What play will give South his best chance to make the contract? Solution in next issue. has no suit with which to work at no trump. West's club suit cannot be very strong — otherwise, he would have overcalled the original bid. East's club holding is not bad. so he should vass the hand. and when South goes to two hearts and West passes, East chould not get ambitious and go to two no trump. Duplicate—N. and 8. vul. Opening lead—@ 9. South West North East 19 Pass Pass 2 39 Pase Pass course, with a hand as big as , he does not wish to let North; and South play the hand at one) heart, and the double is in order. But} @hen West bids two clubs, showing, that he cannot support the spades— tiat he does not have four small spades—East immediately knows that | his partner does not wish to play the hand at spades and that he probably | The opponents are vulnerable and if East sets them, as he undoubtedly will because all of the high card {strength has not been disclosed as it | would have been had he doubled, he is bound to have a good score. The Play West opens the nine of spades. East cashes the king and ace of Spades and continues with the jack of spades which South ruffs. Natur- ally, South is desirous of getting into the dummy, so he leads the jack of clibs, West covers with the queen and, as a small card is played from dummy, West holds the trick. West continues right on with the clubs. Again the declarer ducks in dummy, but East wins the trick with the ten and swings the ace of clubs, which South trumps. South still must lose two heart tricks and his contract is defeated 259 points. If East had attempted to play the hand at two no trump, he would have been down two tricks. (Copyright, 1934, NEA Service, Inc.) 7 . ! CONTINUE D| Army Aviators to Take Over Work of Private Companies suggesting that the line be allowed to carry the mail according to its co. tract for one month, while a hearing was arranged. “If after that hearing,” he said, “you decide that there is anything wrong with our contracts or that they have been obtained by collusion or fraud, we will waive all claim for payment for that month.” From St. Paul came a statement from Northwest Airways, Inc., that it would be forced to cease operations if the president's order is carried out. Loss of the air mail contracts, an official said. would mean that 175 per- sons employed by Northwest would; be put out of employment. Hints came from the administra- tion that a drafting of new postal laws | would result from the wholesale can- cellation, designed to remedy flaws in existing statutes, and that “speed” would be asked of congress. Brown Refuses Comment Walter F. Brown, who was postmas- ter general when most of the air mail contracts were arranged, said in New York that he did not care to comment on the administration's action. Back of the president's cancellation order was the senate airmail investi- geting committee, headed by Senator Black (Dem. Ala.). It was this com- mittee, too, which, through its wide inquiry into the whole setup of mail contracts, created the situation with which the senate found itself faced Saturday. Already twice defied, the senate di- rected as its first order of business Sat- urday the arrest of William P. Mc- Cracken, Jr., who was President Hoov- er’s assistant secretary of commerce for air. 4 McCracken’s arrest was sought be- Special 50c Sunday Dinner Roast Turkey with all the trimmings and Chops 65c with all the trimmings i} ' | Presents HARRY TURNER and his ORCHESTRA The Best in Dance Music) Perfect Dance Floor Table Service HARRY TURNER end his Bigger and Better tre Orches wil) entertain from 13:30 to 2p. m. and 6 to 8 p. m. Grand Pacific Restaurant A Rendesvous for the Best Foods fore resumption of the senate sitting as a court to hear contempt charges against three other airmail officials and McCracken, their attorney. Ready For Battle McCracken was prepared to battle against a senate appearance with a as writ. The senate ser- it-at-arms failed to locate him overnight. Several irate senators indicated they were considering the possibility of ac- jtion against Frank Hogan, attorney for McCracken, upon whose personal bond the latter was free after being Placed under technical arrest a week ago. L. H. Brittin, vice-president of Northwest Airways, Harris M. Han-|~ shue, president of Western Air Ex- press and Gilbert Givvin, his Wash- ington representative, appeared before the senate Friday, but no conclusive action was taken. Brittin told the senate, sitting as a court, that he felt it lacked authority to act in his case. He readily answered questions, however, but asserted that Papers he had removed from files inj tinue operations as end cont handle what mail is offered EASTERN AIR TRANSPORT TO GIVE COOPERATION New York, Feb. 10.—(7)—A policy of cooperation with the army in fly- ing the air mail and “100 per cent” maintenance of passenger schedules was declared Saturday by Captain Air Eastern Air, which operates south out of New York through Washing- ton, Atlanta and Miami, was one of 12 companies cited in the annulment order of Postmaster General Farley. j Bishop to Conclude Mission Services A week's mission will be concluded Snday at St. George’s Episcopal church. The mission work has been under the charge of Rt. Rev. Benjae min T. Kemerer, Duluth. Confirmation and communion serv- ices will be conducted by the bishop Sunday at two services beginning at 8 o'clock and 10:30 in the morning. According to Rev. John Richardson, pastor of the local church, the mis- sion has been very successful with @ larger number attending each suocese sive Competition Close in New York Cue Tourney New York, Dec. 10—()—The pers fect records of three players in the world’s three-cushion billiard cham- pionship were subject to attack Sat- urday by Allen Hall, 38-year-old Chie cago cue artist, sought his fourth straight triumph, while Wille Hoppe and Johnny Layton battled for third successive conquests, While Layton, Hoppe, and Hall were enjoying a day's rest yesterday J. (Jasper) N. (Nathan) Bozeman, Jr., 27-year-old Vallejo, Cal., ace, played another one of his fine games to move into a tie for first place with Hall. Well-Known Golfers Play at Texas Meet San Antonio, Tex. Feb. 10—(P)~ Ky Laffoon, Denver, and Byron Nel< son, Texarkana, Saturday each faced the task of keeping their first day's lead in the Texas open golf tourna- ment against such stellar fellow ehank. Each shot sub par 66's, CUBS PLAY ALL-STARS San Francisco, Feb. 10—(%)—Feote ball crowds into the sport picture ones: more here Sunday when the Chicago champions, play @ return engagemend with the “West All-Stars.” SARGENT RESIDENT DIEG sheriff to serve in Sargent county afe ter its organization, Peter Christiane son, 79, died at his home Friday, He had been a North Dakota recip dent since 1877, Funeral services wi be held here Sunday. English ornithologists have deters mined that the average length of & robin’s life is 10 to 15 years, AT THE The Stag IN MANDAN TONIGHT Peppy Music, Beginning at 8 o’Clock, Come Early and Enjoy the Evening NO COVER CHARGE except for the Balcony, which is suit- able for parties up to 6 cow ples, and at a very low cover charge of $2.00. FREE FLOOR 8HOW Sunday Afternoon Feb, 11th Pre-Lent and Valentine Carnival Dance on TUESDAY, FEB. 13th TONI World War Memorial Building 9:00 P. M. Auspices of 40 and 8 GHT JUN 27 ROUNDS 27 I OR BOXING BISMARCK’S SNAPPIEST ATHLETIC ENTERTAINMENT t COME st 9:00 TONIGHT Auspices of 40 and 8 P. M.