The Bismarck Tribune Newspaper, June 5, 1934, Page 2

2. DICKINSON SHOW LACK OF RAIN \Data Show Present Drouth Is Most Severe Ever Record- ed in District Mckinson, N. D., June 5—(?)—The 1934 drouth in western North Da- Re has been the most severe of fevord, compiiations of the U. 8. Weather bureau at the Dickinson sub- station, reveal. Only 18 of an inch of rain was recorded at Dickinson last month, which, with the exception of .13-inch in May, 1901, is the iowest amount recorded here during May since the records began in 1892. This year's early season drouth is miore severe than that of any pre- vious year, except possibly 1900. The total rainfall during the five months ending May 31 was only 1.82 inches, the lowest amount recorded during the 4% years during the first five months. In_1900 the rainfall was 1.85 inches. The normal year’s precipitation is 15.5 inches. For the twelve months ending with May, 1934 only 8.48 inches of precipitation fell. This was one of the driest periods on record, but was not as severe as the 12 months ending in May, 1920, when only 6.72 inches of rain was recorded. Extreme heat and hich winds have added to the severity of the drouth. A further index of the severity of the weather in May is shown by the loss of water by evaporation. In May 9.545 inches of water evaporated from the open tank. This is 25 per cent more than the previous May record of 7.616 inches in 1931. In 27 years only two months, July, 1930, and July, 1933, had a greater loss by evap- oration than did last month. —_________-¢ | Weather Report >)? FORECAST For Bismarck and vicinity: Unset- tled tonight, probably showers Wed- nesday; not much change in temper- ature. For North Da- kota: Unsettled tonight, probably showers Wednes- day; not much change in temper- ature. For South Da- kota: Partly clou- dy tonight; Wed- nesday unsettled, Silay od, by ie ers west por' . not much change SHOWERS femperature. yor Montana: Unsettled tonight and Wednesday; little change in tem- rature. Peror Minnesota: Partly cloudy to- night and Wednesday; cooler in south Portion tonight. GENERAL CONDITIONS The barometric pressure is low over the central and western states (Min- neapolis 29.68 and Winnemucca 29.52) while higher pressure overlies the western and central Canadian Prov- inces (The Pas 30.04). Precipitation has occurred in the Mississippi Val- ley, Plains States and over the north- ern Rocky Mountain region, with heavy showers at Sioux City, Winni- peg, Calgary and Medicine Hat. Tem- peratures are moderate over the west, but somewhat warmer weather pre- vails from the Mississippi Valley east- ward. Bismarck station barometer, inches: 28.10, Reduced to sea level, 29.85. Missour! river stage at 7 a. m. 2.7 ft. 24 hour change, -0.2 ft. PRECIPITATION For Bismarck Station: Total this month to date Normal. this month to date .. Total, January ist to date .... Normal. January 1st to date .. Accumulated deficiency to date 4.73 TH DAKOTA POINTS nee High- Low- est est Pct. 1 53 08 21 52 1.41 BISMARCK, cldy. Drake, peldy. Dunn Center, cldy. Grand Forks, cldy. Hankinson, peldy. . Jamestown, cldy. Kenmare, cldy. Lisbon, cldy. Max, cldy. Minot, clear . Napoleon, cidy Oakes, cldy. Parshall, cld; Wishek, cldy. +e DAKOTA POINTS SOUTH ighe " est est Pct. 58 (OL , clear .. Huron, clea: . u Rapid City, cldy. INNESOTA POINTS ” High- Low- pg & Minneapolis, clear .... Moorhead, rain ....... 82 58 ‘RB STATES WEATHER IN OraEE 5 ae ie) est Pct. a Amarillo, Tex., clear Boise, Idaho, cldy. Alta., rain ry = - Reeeebebeseshbeesersaseassseseaekesenes gunsnseassseaaezesrasasseaess. f sazecencseennecnarersracsesestasaasesse - ? e i a ee North Dakotan Is Freed in Milwaukee \ | Milwaukee, June 5.—(?)}—Earl J. Bliss, 25, of Fargo, N. D., Monday was acquitted of charges of obtain- ing $360 for a load of liquor and then driving off with both money and ‘ Hiquor. | ‘The complainant was Henry Kacz- marek, after whose report to wolice | Bliss was arrested in an uptown hotel {May 2. Testifying before a municipal jcourt judge, Bliss denied Kacazmarek’s icharge of highjacking, but admitted he had been bootlegging for three years, CANDIDATE ACTIVE IN FARM CIRCLES Klindworth Has Won Many Seed, and Grain Prizes at Various Fairs (By The Associated Press) Otto Klindworth of Fessenden, prominent in crop and grain associa- tions in North Dakota, is the Demo- cratic endorsee for the office of state commissioner of agriculture and la- bor. A grower of certified seed for many years, Klindworth is president of the Wells County Crop Improvement as- sociation and of the state seed grain show, and was secretary of the North Dakota Crop Improvement associa- tion for four years. He has been a censistent winner at the state sced show and the international grain and seed show in Chicago. Born on the farm where he now resides, he purchased, in 1920, the farm which his father had home- steaded. He took thre years’ study in the farm husbandry course at the state agricultural college. He has been township clerk the last five years and in 1932 was en- dorsed as a Democratic candidate fcr representative in the North Dakota legislature. He is married and has two dren, RAILWAY EMPLOYES WOULD CURB TRUCKS chil- vention Asking New Leg- islation by State Devils Lake, N. D.. June 5.—(7)}—V. E Patterson. Grand Forks, was re- elected president of the North Da- kota Railway Employes association at the third annual convention here Monday night. C. O. hooker, Minot, was named vice president and I. P. McCoy, Grand Forks, was re-elected secretary and treasurer. Minot was chosen for the 1935 convention city. Two special trains brought nearly 1,000 railway employes here from Grand Forks and Minot. A banquet, parade and a mass public meeting con- cluded the one-day session. E. P. Flynn, assistant to the general counsel of the Great Northern, 8t. Paul; P. E. Schunemann traffic man- ager, Monarch Elevator Co., 8t. Paul, and Judge C. W. Buttz, Devils Lake, gave addresses. Among resolutions at the conven- tion was one advocating that feed for livestock be shipped into North Da- kota instead of shipping livestock out under the new government pur- chasing plan. The resolution stated millions of dollars have been expended ta develop the cattle industry and the railway men favor leaving livestock in the state. Another resolution recommended that enforcement of laws affecting public highways and motor vehicles be placed in the hands ot one agency provided, through fees or appropria- tion, with sufficient funds to enforce laws effectively. They also recom- mended that the legislature pass a law eliminating four-wheel trailers with jthe exception of light trailers such as D Frozen Asset to U. S. Government might pay something on account this | June. 2 used by farmers. ico ‘Big War Debt Is NTINUE from page one LONDON ANNOYED BY PUBLICATION OF NOTE | sprang a surprise on Great Britain | by revealing contents of her default war debt note and up until noon Tuesday officials appeared not to have recovered from their astonish- ment. Officials were perturbed that the | United States gave out the note be- fore Neville Chamberlain, chancellor of the exchequer, had a chance to Place data before the house of com- mons, which is the traditional policy here. Officially the government declined to discuss the matter, merely referring to Monday's announcement, but Chamberlain was to make a full state- there was much puszlement. The war debt situation has been obscure for but the British think more informa- tion may be revealed by Chamberlain. war debt payments to the United States Tuesday as proof that a Pp Pass Resolutions at State Con- London, June 5.—(#}—Washington | THE BISMARCK TRIBUNE, TUESDAY, JUNE 5, 1934 plained to the court that, through testimony of John Flagg, state high- way employe, the government will seek to show “general conspiracy.” “Testimony of this witness is of- fered, not as evidence of an overt act; not as evidence of violation of a statute,” Lanier told the court, “but as evidence showing intent. It is the Position of the government that the evidence shows, or at least tends to show, a general conspiracy, a part of which was solicitation of state em- ployes and a part of which was solic- itation of federal employes, for & common put .” Judge Andrew Miller explained it was not his intention in ruling re- garding admissibility to “announce a rule that his testimony was not per- tinent on the question of intent.” Flagg, who took the stand Monday, was interrupted in his testimony by defense objections which brought about the statements Tuesday by Prosecution counsel and the court. He testified that he talked to Frank Vogel, state highway commis- sioner and one of the defendants in the case, regarding his failure to meet payments of assessments against his salary of two and five ger cent. Vogel, he said, asked him why he had not paid his assessments. Paid Two Per Cent “I told him that I had paid the} two per cent, but that because my salary had been cut so much I couldn't; afford to pay the five per cent. He/ did some figuring and then he said! ‘Till raise your salary to $75 and) that will take care of the five per cent.” Flagg said that, thereafter, he fail- ed to make the payments and re- ceived a warning letter from Vogel. He did not make the payments “right away” Flagg said. He added he wrote a letter to Vogel asking for a postponement of payment for another month, but received no answer. Under cross-examination, Flagg said he had worked for the highway department for five and one-half years, “Weren't you embarrassed by a bunch of bills at the time you talked to Vogel?” asked George Thorp of! defense counsel, Flagg admitted that he had been) and Thorp elicited testimony from him that Vogel had talked to him about his bills and had given him; $3.50 with which to pay one partic- ularly pressing bill. “And it was about that time he suggested you have a little more money?” “Yes,” said Flagg. “Where were you when Vogel talk- ed to you about the bills you owed?” Thorp asked. “In the drafting room,” Flagg re- lied. Gets Bigger Salary Now “You have been working right along and your salary now is $100 a month?” “More than it used to be?” “Yes,” “You haven't lost any time on the job?" “No.” “Did you sell any subscriptions to the paper?” “I never had any,” Flagg flatly an- nounced. George E. Hepner, Minot, civil en- gineer, formerly in charge of the Mi- not division of the state highway de- Partment, at present employed on federal work relief projects, was the next witness called. He said he had seen Highway Commissioner Vogel about June 9. Vogel, at that time, told him, he said, that someone would “be around to see him in re- gard to raising funds for an adminis- tration newspaper.” “And did someone come to see you?” Lanier asked. si »” Hepner replied, “McDonald “What did he say to you?” “Well, he laid out blanks and asked what my salary was and told me my assessment would be $110. I told him I thought that unreasonable, because T was there to do nothing besides pro- fessional work and didn’t have an as- sistant.” Lanier then inquired, “did he say anything to you about instructions from Vogel and what you should do for him?” Was To Furnish Auto “He said I was to furnish transpor- tation for him (McDonald) through- out the division and I said we were short of cars and needed all of them to carry on the regular work.” McDonald came back later, he said, with a letter from Vogel instructing him to furnish McDonald with the transportation. “What did the letter say?” Lanier queried. “It said that division engineers were to furnish transportation for him (Meponsla, to carry on his solicit- ing.” “Did you receive another letter through the mails from Vogel?” La- nier asked, “Yes sir,” was the reply. Lanier exhibited a letter and Hepner identi- fied it as the one he had received from Vogel. As read by Lanier to the jury, the letter stated in part: “When a repre- sentative of the organization calls on you, you might give him better co- operation.” It went on to say that all of the other divisions were lending their full support. Lanier continued his questioning with “did McDonald remark to you as to the value of the five per cent contribution?” “He mentioned it as ‘job insurance’ and that five per cent was a small consideration to hold a job,” Hepner testifield. “Did you sign?” “No sir.” “Were you fired?” “Yes sir, on November 1.” With this question Lanier concluded ,, his examination. Cross-examination ‘was conducted by Thorp. No Trouble With Work “Was there some discussion be- tween you and Vogel about the work of the office?” “Very little.” “Was there some discussion about your department not being coordi- nated?” “Yes,” “About who should have absolute one ot your division?” es." sition?” Thorp asked, ay “The latter part of November.” |. The testimony was objected to by |Lanier as immaterial. The court in- tervened to say “I suppose the ques- tions are to bring out the creditability of the witness.” | Thorp said, “yes sir.” “Did government investigators call |to ad you?” Thorp continued. “Yes.” “Did you sign any affidavits?” “No.” Emphasizes Old Story Thorp, in the cross-examination of Leonhard, again brought out that the | administration's purposes, as explain- ed to employes when they were solicit- ed, was to promote a newspaper that would “tell the truth about the ad- ministration.” “And it was explained to you if the administration lasted longer your job would last longer?” Thorp asked. “I don’t remember that.” “Did you think that?” “I thought possibly it would last longer if I contributed.” Leonhard said he had paid only one installment of the pledge and that he was still working for the highway de- partment. R. M. Stangler, manager of the Bank of North Dakota, was recalled by the government for the purpose of asking him a single question. It was, “During 1933 and since has Governor Langer had a bank account at the Bank of North Dakota?” “No, sir,” Stangler replied. Stangler was dismissed with an un- derstanding by the defense that he would be recalled for further cross- examination later. Walter J. Brophy, highway depart- ment employe since 1929, was called and dismissed without examination when Lanier announced that he was not ready to question the witness. G. L. Personius, federal emergency re- lief employe and formerly a member of the state highway department for 14 years, followed Brophy on the stand, Told of ‘Job Insurance’ “Were you solicited previous to May, feast Gold of Personius’ or five per cent of your salary?” Lanter asked. Personius said he was, by Chaput. “What did he say?” “He put the proposition up to me— that they were starting a newspaper and that it would be necessary for us to pay five per cent to run the news- Paper. Naturally, we didn't like it. He said it was job insurance and I needed my job, so I signed up for it.” He signed four checks for a little more than $22 each. “Did you have a discussion about it?” Lanier asked. “Yes,” Personius replied, “we had an argument about paying every three months. We wanted to pay monthly. He said he would have to take it up with Vogel and later he informed us Vogel had said ‘No’, if they had to have a man come around every month it would be too much work.” “Did you make any payments?” Lanter queried. “I paid $10,” Personius answered. “Why didn't you pay the rest of it?” “I couldn't afford it.” “Did Vogel call you into his office in October? “Yes.” “What did he say to you?” Vogel Applied Axe “He waved his hand and said, ‘You're all through.’ He said ‘ior the good of the highway department, you're all through. Naturally, I wanted to get at the bottom of it, but he wouldn't tell me why I was through.” In cross-examining the witness, Thorp attempted a challenge of the witness’ credibility by bringing out that Personius had been friendly with government investigators and had aid- ed them in their preliminary investi- gations among highway employes. Thorp’s questions also were directed to bring out that Vogel had found that “you talked too much during working hours,” especially about poli- tics. Personius replied that Vogel “might have” said something to him about talking too much, “Vogel didn’t talk to you about these Payments (of five per cent of his salary)?” Thorp asked. “No,” was Personius’ answer. “The first time I had any conversation with him was when he fired me.” State Employes Questioned District Attorney P. W. Lanier led four state employes through question- ing about “Leader” solicitations. Judge Andrew Miller permitted the state employes to testify, after read- ing from the bench two sections of the penal code of North Dakota, one providing that state officers receiving and appropriating to their own use any part of allowances made for clerk hire “shall be guilty of a misdemean- The court said if there is a conspir- acy on the part of the governor or other state officials who are defend- ants in the trial, it would be an un- lawful transaction and therefore is “pertinent to the intent of the de- fendants—if there was a conspiracy. “There is testimony tending to show the governor received some of the money that went into ‘The Leader’ fund—I say ‘tending’ to show that,” the court commented. Other developments that came in rapid-fire succession in Monday's pro- ceedings included: Claims by the government it will show that funds were withdrawn from “The Leader” account and a corre- brought out testimony that they ceased paying their pledges, but was told to restrict his replies to “yes” or “no,” “On November 1 you were relieved?” ‘Thorp asked whether or not a exists, conspiracy “That is to say, he added, “the evi-| had dence may be competent of an offense against the state as well as against the government if the offenses are necessarily inter-related and a part of the same scheme.” Witness Is ‘Nervous’ First of the state employes to un- dergo an intensive grilling about “Leader” solicitations was Miss Jose- phine Efteland, of the state regula- tory department. Often on the verge of sobbing, she hardly knew what she was saying. The two witnesses to testify they were told the “Leader” pledges were “job insurance,” were Miss Efteland, and H. C. McCready, highway de- partment draftsman, Miss Efteland said she protested to Gov. ‘Langer about paying the five per cent pledge. Of her conversation with the chief executive she said: “I went to see him about matter and when I came up knew they had seen him T asked had seen him about how against the paper. I said I suppose I he didn’t say anything, i BERgE : a 2 E g about the administration.” Says It’s ‘Job Insurance’ “Was there any further tajk?” Lan- fer queried. “Well, he said ‘one thing about you, you are so frank. You tell how you feel.’ And I said I guess I was the only one who protested openly but I thought everyone protested separ- ately.” McCready told of conservations with Chaput, business manager of ‘The Leader’.” “I told him I didn’t want the pa- per,” McCready testified. “He made &@ remark ‘you can kind of consider this as job insurance.’ “His words as near as I can remem- ber were this: ‘I can't guarantee you @ Job if you do pay it, but I can guar- antee you you will have no job if you don't pay it.” First witness to take the stand at the Monday afternoon session of court was8.Dolve, Fessenden attorney and another matter and told him how I protested citation and ‘ZI told him I supposed 1 would lose my job. And he said it was job insurance and they had to have a newspaper that would tell the truth about the administration.” Under cross-examination by De- fense Attorney J. M. Hanley, Miss Efteland threatened several times to her head drooped, and she fought obviously for self-control, as Hanley fired questions at her. “You've talked it over with a good many persons—what you're going to testify to—didn’t you?” fired Hanley. “I didn’t talk it over with any one— the government agents just came in and took us out,” Miss Efteland an- swered quaveringly. “I didn't know I was going to be subpoenaed. I didn’t know anything about it until they came in and took us out,” she repeated. Court Halts Hanley “Well, you talked to others—you talked to Mr. Lanier—now didn’t you?” Hanley pressed the witness. “Now what's the. purpose of all this?” asked the judge. “Well, we want to show—we are laying the foundation for impeach- ment of this witness—her apearance on the stand is such that we feel that we have the right to inquire.” Miss Efteland’s head rose, her chin pointed toward Hanley, but her voice broke; “I don’t lie,” she declared with spirit. “I don’t want to be made out a lar for anything.” And her eyes dropped as she again battled to regain control of herself. “Anyhow, this is all so sudden and I’m working for the state, too... .” “Now, that’s all right. Go ahead and answer the questions,” the court ordered, after he had told Hanley to carry the particular pursuit no fur- ther. “Now,” resumed Hanley — “relative to this talk with the governor—was there anybody else there?” “There were some other people in his private office—I don’t recall ex-| actly—I guess the door was open—I don’t know whether they heard any of the conversation or not.” Hanley fired question after question at her as she attempted to answer. Miss Efteland became obviously con- fused and finally blurted “well, I don’t believe there was anybody in the reception—room—but there were some people in the private office.” “I see,” Hanley leaned back against a former employe in the governor's office who was recalled to the stand to tell of solicitation of him for five per cent of his salary toward “The Leader.” He said his status in the wile the defense table, his eye-glasses raised pointingly before him. “It was a talk you had to one side?” “I don’t know what you mean,” Miss Efteland said. “Bay—it was a talk you had to one ” “Bide of what?” asked the judge. Spectators Titter Ami@ titters from the spectators, y|Hanley explained “Well—to one side of the “room,” his explanation was scarcely heard above the pounding of the bailiff for order. Miss Efteland repeated “well, I think the other door was open. I don’t think there were any other per- sons in the reception room.” ‘The court ordered all testimony of Miss Efteland regarding payments made by her on the five per cent basis stricken from the record, after she had explained she was employed in the regulatory department office, rather than the governor's office when she made the payments. The court allowed her testimony relative to conversations with the governor to stand Governor Langer on one occasion, Miss Efteland testified, called her and {told her he understood she was the é 4 age gese a cat E te im amount deposited to the ie only one to make her payments. “I said I didn’t know.” Miss Efte- land replied to him. Plainly relieved, Miss Efteland step- ped from the witness stand and walked from the courtroom as the excitement. died away in preparation for the next witness. J. ©. Lyngstad, acting deputy state auditor, identified a group of warrants as being drawn on the gov- ) {Ll GO GET SOME the’ five per cent soli-| what the newspaper he told you that it was being organized to tell the truth about. the administration?” Thorp asked break down. She wrung her hands, | Clifford. “Yes,” “Didn't he tell you if the trys were told the administration would con- tinue?” “Substantially.” “And that by reason of the admin- istration continuing the jobs would last longer? Isn't that why you con- sidered it ‘Job insurance’?” Clifford explained he understood Chaput differently. He closed his ex- amination by explaining he was being paid with state checks. Frank E. the highway department. “I asked him what it was all about,” Cave recalled. He explained it was about a newspaper called “The Lead- er” He said he didn’t know much about it, as he had been called to the Governor’s office by the governor and given a job soliciting funds. Clifford Signs Up quite a while with him, ked him point blank if it » and as I remember it be ly time of his conversation with Mc- Donald. “Did Johnson sign up?” Thorp asked, “He did" not,” replied Cave. “He's still working?” “Yes.” “You ste still working and have been right along, despite the fact you have not paid the remaining checks?” “Yes,” Cave was excused. McCready Protests Pledge Despite his protests, he signed Pledges for “The Leader,” another Cready said. The solicitation took Place in the drafting room, during the morning of May 1, 1933, he said. Chaput, he said, asked for five per cent of his annual salary, to be paid in quarterly instalments. “I told him I didn’t want the paper. He made a remark that ‘you can kind of consider this as job insurance.’ His as near as I can remember is: “‘T can’t guarantee you a job if you pay it, but I can guarantee you 1 will have no Job if you don’t pay Cready said Chaput came back at. noon the same day. “You signed up that noon, did you?” asked Lanier. Chaput that they would sell advertis- ing in “The Leader” instead of sub- scriptions. Chaput, he said, declared he would see what could be done. ‘When Chaput returned at noon the same day, McCready employes that “I’ve seen the governor and that proposition is all right.” ‘Still ceheg or ene gem orp tion, asked McCready, “You've worked for the highway department 15 years?” “Yes.” A “and since you saw Chaput?” “Yes,” “Did you pay all the post-dated checks?” “No,” | pendable service at an A 63-year OK~AND MAKE MINE GLUEK'S ~ IT TAST Lanier asked. “Yes sir,” Flagg replied. | “what did he say to you. Judge Interprets Pertinence - The defense objected to having Flagg questioned further “as & state employe” whose testimony could have no bearing on & coneeaty to defraud the federal government! ‘As the hour of adjournment had been reached, the cour: ended pro- ceedings for the Gs ey reltera- tion of his statement in that “compensation taken directly or indirectly from clerks in an office, provided by the state legislature, is an offense against the state statute and may be pertinent to a question of whether or not a conspiracy exists. “That is to say—the evidence mey « be competent of an offense against the state ag well as against the gov- ernment if the offenses are necessar- ily interrelated and @ part of the same scheme.” DON'T TAKE CHANCES WITH "SHODDY | 4.40 x 23 4.50 x 20 KNOW what / d = youre buying ‘Tires look alike on the outside. Don’t let this deceis buying un- own value f ermpting pics. 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