The Bismarck Tribune Newspaper, May 23, 1934, Page 3

¥ THE BISMARCK TRIBUNE, WEDNESDAY, MAY 23, 1934 RAILROAD LABORER Rose to Prominence as Secre- tary of State and Later Was Congressman Editor's note: This is the llth nl Te 3 5 i a Bre 888 j F ; QQ. i | q ‘ i | Be 3 E i Bs 4 5 i | i f i | & i i : E i i i By i ¢ s 4 genghs bg i l 5 [ L q 5 fe iH ___———e Beaming like a boy who's mak- ing his first visit to the big top, Gen. John J. Pershing is pic tured here as he attended the 3 three circus in Washington. He's en- doying his role of chaperon to little Marylyn Shaw, daughter of one of his secretaries, and Marylyn isn’t having such a bad 6 WEATHER IN OTHER so est Pet. 10 Minnesota: Generally fair to- night and nreeys cooler” 8t. Louis, Mo., Rg. Salt Lake City, U., cldy. 8. 8, Marie, Mich., clear 42 Seattle, Wash. dy. Sheri ucca, Nev., clear 92 Man., pel 62 ehabeeieesessseeessesisesesssseesssaees! SRPERSSRKSSSSSRESSRSSSGSLSSSSTSSSsSsssses|s’ pre: viate!| Dunn Center to Hold Graduation June 2 Graduating the largest senior class in its history, Dunn Center high school will hold commencement exer- cises Saturday, June 2. Hon. A. G. “| Burr, chief justice of the state st Preme court, will deliver the address. Baccalaureate services will be held in the Congregational church, Sunday, May 27 with Rev. 8. T. Lenters giving the sermon. Evelyn C. Evenson and Carsten E. Fosmark are valedictorian and salutatorian, respectively. Other graduating seniors are: Stephen Remsing, Robert McKnight, Cleo Berdahl, Marie Dawkins, Zudora Hansen, Clayton Beaton, Maurice Thompson, Alice Berg, Ruth Madsen, Iona Holt, Brown, Mildred Berg, Margaret Brendemuhl, Opal Dinkis, Melda Klevgard and Winni- fred Goth. Roosevelt Working On War Debt Message Manvel Youth Hurt In Crossing Mishap Seseseesseesesesseses | BERBBRRERREEEEREBEEEEE SARVSVSSSISVSSSSTASES ae MEET THEIR WATERLOO! Sure a hitch-hiker was held Wednesday by Oklahoma authorities, who said he confessed to slaying a naval officer in an argument over “hitting bumps” in the road. former Mississippi convict, offered to help Kansas authorities search for the body of the victim, Lieut, Com. 8. J. Trowbridge, U. 8, N. H, Randolph as saying he killed Trowbridge Saturday after the officer gave him a ride, let him drive the automobile and then threatened him for going over bumps in the highway Marietta, Okla, May 23—(P)}—A The hitch-hiker, Leo Hudgins, 27, a Hudgins was quoted by Sheriff 8. Chaseley Merchant, 50, Dies in Local Hospital Morris Pollack, Chaseley merchant, died in a local hospital at 4:15 Tues- day afternoon from complications that set in following a major opera-|k tion. Mr. Pollack was born in Ru- mania in 1684 and came to the Unit- ed States with his parents. The re- mains will be taken to Minneapolis ‘Wednesday night for burial. Cc ONTINUE D from page one: Denies Conspiracy Charge Presented By U.S. Grand Jury at Fargo the judge overruled the de- murrer but the grand jury voted a new indictment, for the purpose of including new specifications. Thus the defendants face two indictments on the same charge. Judge Miller indicated that these phases of the case would be decided In that case begin late Wednesday or Thursday morning. All of the defendants, except State Senator O. E. Erickson, “Leader” pub- Usher were in court Wednesday, ex- planation being made that Erickson still is series unable to attend. for relief purposes and when he took it away from the worker, if he did, it does not mean that he took it away from the United States. California Case Cited “There is some attempt to parallel the California indictment to this case. Such 8 parallel is not possible. You cannot conspire against laws which have not been passed at the time named in the indictment. We cannot be criminals or conspirators to ob- struct laws which have not yet been thought of.” The indictment charges the con- spiracy on the part of the accused men began March 12, 1938. Thorp emphasized that the action of the president of the United States in set- ting up the organization of CWA did rot take place until November 9, 1933. Lanier Talks Briefly On completion of defense argu- ments, District Attorney P. W. Lanier addressed the court briefly and was eee by his assistant, Harry Lash- 01 Answering arguments of the defense, Lashkowitz said federal employes were solicited to pay a percentage of their yearly earnings and were “intimi- dated and compelled to contribute, and if they did not were faced with loss of their jobs and some did lose their jobs when they resisted.” Pointing to arguments of the de- fense that the defendants could not have conspired to violate an act of congress which did not exist at time of the alleged y, Lashkowits said, held grand jury were engaged in investi- guting was a matter intimately con- nected with one of the issues between the Nonpartisan League and the other political factions of the state of North Dakota, to wit: the right of the Nonpartisan League to assess its members holding office 5 per cent of their salary and sell to such per- sons subscriptions for a certain news- Paper for the full amount of any assessment made; and that all of the Political factions of the state of North Dakota have raised such issue and have criticized and sevetely con- demned the Nonpartisan League for so doing; and that the said assess- ment was one of the matters said ag Jury was called upon to investi- Gate. That the Independent Voters asso- ciation, known as the IVA, was and is one of the political factions of the state of North Dakota and composes small part of the electors and qual- ifled jurors of the state of North Dakota; and that the greater portion of the citizens and electors of the State of North Dakota and the quali- fied jurors for jury service in the United States district court are mem- bers of the Nonpartisan League; that as this defendant is informed and believes, nearly all the names that were in the jury box were names of men belonging to political factions opposed to the Nonpartisan League. “Were Selected Unfairly’ This defendant further states that the names placed in the jury box by conspirac: cited decisions which, he that the acts were violated before they became a law. “If the government hasn't any law to protect the destitute and needy,” he said, “then there is something Lanier, arguing on the indictment charging obstructing an act of con- gress, said that the question is were the funds involved from the treasury of the United States. He claimed that defense attorneys not once undertook to establish the fact that the moneys were not federal m loneys. Lanier said the government does not insist that the is an officer bed tales yen but that that is termine proof and “is not rminable here.” that in| dete: struction of an act of congress, fol- lowing the hearing at Fargo, he niade / it plain that there were no allega- tions that contributions were made New Charge Is Clear In the new indictment, the court continued, it is made clear that so- licitation and promises are alleged tion of the statute,” the court de- clared. “The demurrer to that m- dictment is overruled.” “As to the two motions to quash, both are overruled.” Then turning to the solicitation indictment, the court said he was in “considerable doubt about the indict- ment at that time,” referring to the hearing st Fargo. Judge Miller said he was doubtful at the time whether R. A. Kinzer, former secretary of the federal emer- gency relief committee, and one of the defendants, came into th> classi- fication the statute intends to cover. “I am satisfied Gov. Langer is not such a federal officer as contemplated by that law,” Judge Miller said. “I am not going to pass on it now as I want to look into the authorities.” As proceedings began Wednesday morning, Judge Miller excused jurors until 2 p. m. when argument in sup- port of demurrers were expected to be concluded. Langer Corrects ‘Proof AS proceedings began Wednesday morning, Oscar Buttedahl, editor of the “Leader”, gave Governor Langer & number of proof sheets upon which the governor made various notations while Attorney = P aye poe present- ed his argument ' Buttedahl later joined others at the arguments Wednesday morn! were based on the conten- tion that the language of the solicit- ing charge is inadequate and too in- specific. From the indictment he quoted these words: “Employes or other persons receiving salaries or compen- sation for services from money deriv- ed from the treasury of the United States.” 1 3 8 g i ; i i | fense cont inconsistent with trial “At the court, on this Hy HT He added that the governmept takes the position that it makes no differ- ence whether a man resigns or is re- moved, referring to Kinzer’s resigna- tion as secretary of the federal com- mittee. The statute, Lanier declared, .|ays an unlawful conspiracy must have at least one officer drawing compen- sation, The two and one-half hour argu- ment in support of demurrer on the indictment charging soliciting of funds for political purposes from fed- eral employes, presented by Attorney Thorp and occupying the entire after- noon Tuesday, was concluded with his request that the court “treat us as ordinary citizens.” “We know the importance of this case,” Thorp said. “We are mindful of the serious respect of the court, that he administer the law with care. But we meet this issue on the floor of Justice and meet it on the law. “We do not want to be offensive. But we are somewhat fearful that the court’s conscience may be 80 keen that he may find it difficult to prop- erly administer the case. We re- spectfully ask that the court treat us as ordinary citizens.” Judge Curt In Reply ee Miller's reply was curt. He said, “The court is not going to get ex- cited about the importance of the defendants in this case. The case Probably has attracted more attention than it is worth. “Either one of two things exists: either the defendants are innocent; or else they are ‘cheap chiselers’ who are not any more important than any- body else.” As the Tuesday afternoon session opened, Judge Miller inquired if all the defendants were present. E. W. Sinkler, defense attorney, replied that all except one were in attendance. He said Oscar Erickson, publisher of the ‘Leader,” was sick in the hospital and had been for some time. He was " ful” that Erickson would be able to be present Wednesday when the on irt's decision on demurrers was led. Attorneys Name Clients Sinkler and Thorp announced to the court that they were representing Governor Langer and associates. Other attorneys reporting, and their cients, were: FP. J. Graham, for R. “Your construction of these words,” | peter i i B i : Li rl i g i the jury commissioner and the clerk of the United States district court or his deputy as a result of this system, were selected in an unfair and inequit- able manner, and in such a manner so as to draw from the jury box a jury antagonistic to the Nonpartisan League; that this defendant is in- formed and verily believes that the names of jurors placed in said jury box were taken by the clerk of the court or his deputy and the jury com- missioner almost entirely from the names of people furnished to the said clerk and commissioner residing in the cities and towns of the said district ot North Dakota; and that the names) in jury box are the names of persons’ residing in cities and towns of North Dakota, and were not selected so as to have the jurors come from the country where the great majority of the voters and qualified jurors of North Dakota reside. ‘That, as this defendant is in- formed and believes, about 70 per cent of the electors and qualified jurors of the district of North Dakota reside on farms in the state of North’ Dakota; but that more than 80 per cent of the said juror’s names placed in the jury box and which were therein at the time the grand jury was selected were from the cities and towns of the state and that the great ague. Hand-Picking Charged That the system used in selecting the grand jury involved herein was that the clerk of this court or the, jury commissioner selected from time to time certain individuals in the dif- ferent cities and towns of the state to forward to the clerk or jury com- missioner the names of voters of the state who they considered suitable: for jury duty; and that on receiving ‘a list of such suggested names from these various individuals, the names so suggested were put in the jury box and from that box the names of those|with the government of the United Persons who served on the grand jury|States is uncertain; that the indict- in this case were selected; with the|ment shows upon its face that any result that the names put in the jury|money used by the defendants was) box reflected the political affiliations| not property of the United States but; and sentiment of the individuals in the} was money of the state. community who sent in their names} That the indictment shows that if and hag resulted in having a grand jury drawn that almost excludes the class to which these defendants be- long politically; and that as defend- ants are informed and believe, each. of the persons selected in the different communities to submit names of pros- pective jurors belong to @ political party antagonistic to the Nonpartisan League; and that defendants are in- formed and believe that none of the Parties selected to send in. names to the clerk or jury commission belong to the Nonpartisan League. Thorp Argues Demurrers Uncertainties and indefiniteness in general and in various perticulars were the grounds upon which Thorp argued in support of demurrer on the indictments. — Only the arguments on of conspiracy to extort funds from federal employes were heard Tuesday afternoon. The arguments on the count, of conspiracy to block the or- derly operation of an act of Congress, were scheduled for hearing Wednes- day morning. It was on the latter charge that Governor Langer and associates were reindicted by the grand jury at Fargo after the original demurrer had been sustained by Judge Miller. U. 8. Attorney Lanier introduced new evi- dence before the grand jury which led to the reindictment. Thorp, in his argument on the soliciting indictment, contended that the language of the indictment was so indefinite and uncertain that the defendants had not received sufficient information on the charges to be answered. He wound up his arguments with a charge that the indictment was indef- inite, as to its duration, when it began snd when it ended, and that R. A. Kinzer was neither an employe of the government nor receiving compensa- tion for federal services when the last overt act allegedly was commit- ted in January 1934. Language Indefinite Arguments in support of the demur- charging part dictment is indefinite in that it cannot to the nature of the accusations against them and is so lacking in ex- planation that it fails to give the defendants sufficient information. ‘That the of the in- be said whether it seeks to charge the defendants with conspiring to solicit funds for political United States governm That the position of gt nt does she there was|who were opposed to and antagonistic majority of the electors residing on|rer, contained in the petitions, filed/ any one was Gefrauded it was the TOM HALL BEGAN AS Kids Together Hitch-Hiker Slay 8 oy ther theres pyficrors to the Nonpartisan League and to the ties in North Dakota are members| with the court, included the following | persons solicited from, and that the A ‘ ‘ Navy Man in Fight ey eiies Money got al hed bioon r pee iis Riau es Gay Latin Leg tsh ot pik state vf rience silky 506A i money obtained belonged to them. North Dakota) on the of ttacks Selection Met lorth Dakota, partisan) rt 4 le! uncertain t the Circus Ta Governor Langer that was needed| ‘That. the matters which the sald [te not to fully inform the defendants as| That the law provides thet the af Purposes under | ulent section 118 of the federal penal code or whether it is an attempt to charge the defendants with defrauding the ent, fede R. A. Kinger Jf you want safe relief from Constipation Science says Today use a LIQUI D Laxative 1. Regulate intestinal action gently—no“purging” 2. Measure dose to suit your individual needs 3. Avoid Bowel Fatigue and the laxative habit Harsh laxatives often drain the system, weaken the bowel muscles, and in some cases even affect the liver and kidneys, A_ doctor will tell you that the unwise use of harsh laxatives often does more harm than good. Fortunately, the public is fast returning to the use of laxatives in liquid form. A properly prepared liquid laxa- tive brings a perfect movement. 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