The Bismarck Tribune Newspaper, June 11, 1934, Page 2

5 ri P oO a e t rl t ry rh t ¢ e 5 t « 1 ‘ ‘ ‘ t ‘ 1 t 1 { or MARTEL INTERESTED IN FARMS OF STATE Candidate Claims Agriculture Dominates Thoughts, Wak- ing and Sleeping (Editor's note: This is another of a series of sketches of candi- dates in the North Dakota pri- mary election.) (By The Associated Press) His “entire interest in farming and farm conditions,” Theodore Martell collection manager for the state land department, is seeking the post of commissioner of agriculture and labor with the indorsement of the pro- | very iil, and not in shape to take |charge of relief, that the legislature | Was in session, that the state was not |in good financial shape, that we had | had a crop failure, and that the Bank of North Daxota was not in shape to handle relief.” Langer explained that he had ap- Pointed a committee, of which Roy Maddock were among the members, and that they were sent to the north- west part of the state to investigate relief needs. He explained the situation to Ewing and told him Frazier had taken care of the situation in the northwest sec- tion, from which a delegation served notice they would march on Bismarck jand make relief demands on the leg- islature. Pitas it necessary to appoint a set- up?” “Yes. Ewing said the act provided ;for appointment of a committee.” provided that the governor adminis- trate the fund,” Langer said. “I told Langer faction of the Nonpartisan | nim 1 was not in shape to handle the League. He was born at Eureka, S. D., April 29, 1894, and four years later his father died. His mother married F Frankhouser and they homesteaded in| Emmons county, where he spent his} boyhood and herded cattle. age of 11 he left home to make hus own way in life. He attended school in Pollock, 8 D., for a year, then worked on farms Should be?” asked Hanley. in Grand F county until 1912, when he took charge of the X-ray work in a Bismarck hospital. In 1917 he enlisted in the army and was put in charge of X-ray work in the Lin- coln hospital. nt to France to do X-ray work and was wounded in 1918 with shrapnel and suffered an injured back. He was married in 1919 to Rachel B. Elme, a graduate nurse of Hebron He entered the agricultural college with a major in agriculture and fin- ished the course with a Bachelor of Science in agriculture. He was em- ployed as Grant county agent until May, 1932, when he took a leave of absence to enter into active politics. In January, 1933, he entered the state land department. Martell has been active in Farmers Union and Farmers Holiday associa- tion circles. He has one child, Robert Wayne. >—_________—_ | Weather Report | oo ___—_____—__ FORECAST For Bismarck and vicinity: tonight; Tuesday unsettled and warm- FAIR : er For North Di kota: Fair, war tion tonight; Tuesday unsettled, warmer east and south portions. For South Da- kota: Fair, cooler southeast portion tonight; Tuesday increasing cloudi- ness and warmer. For Montani Sena fair to: night an - day; little change fener as For Minnesota: Fair, cooler in east and south portions tonight; Tuesday fair, warmer in west portion. GENERAL CONDITIONS A low pressure area is centered over the upper Mississippi Valley (Minne- apolis 29.60) while a “High” is cen- tered over the northeastern Rocky Mountain slope (Miles City 30.08). A few scattered showers have occurred in the Mississippi Valley and Great Plains region, but elsewhere the Weather is generally fair. Cool weath- er prevails over the northern districts. Bismarck station barometer, inches: 28.19, Reduced to sea level, 29.95. Missouri river stage at 7a, m. 2.5 {t, 24 hour change, 0.0 ft. PRECIPITATION fund at all, In regards to appoint- ment of the committee, I told him I wanted to take my time—he said he'd| be back in two or three weeks. I be- gan consideration of the committee ‘At. the | Personnel and considered it for several days. | “You finally came to a conclusion as} jto who chairman of the committee| Selected Christianson | “Yes—I selected Judge A. M. Chris-; | tianson—when I had been out in the | fall, I heard numerous complaints |regarding relief and I determined to} | get the best man—one who could not! |be charged with being biased. I knew Judge Christianson to be well versed }in legal matters, that he had a fine standing in the state. I knew he | would be here all the time, and in ad- \dition I knew he could talk Norwe-| |gian, and many poor persons coming \for relief could talk to him. I also |knew him to be an honest, good and| | Straightforward man.” | “Now—you wanted all factions to jbe represented?” “I wanted all factions to be repre- ; sented,” replied Langer. | “What faction did you consider Christianson as belonging to?” asked Hanley. “I considered him as belonging to ‘the opposing faction,” replied Lan- ger. i Stangler in ‘Opposition’ | Next appointed was R. M. Stangler, ;ota, Langer said. He explaned he de- ‘cided to appoint Stangler because “T {had known him since he was five or six years of age and because I knew knew of the financial affairs of the state, and I knew that members of ‘the legislature conferred with him and that he would have intimate know- |ledge of the financial condition of the state. He also belonged to the oppos- ing faction. He talks good German and poor people coming for relief might want to talk German, I de- cided.” With regard to the committee, Ew- ing told him he wanted a committee that would be “right here in Bis- jmarck” Langer said. He explained {that Ewing pointed out the need of meeting every day and if members jof the committee came from various | sections of the state, it would be dif- ficult to have such a meeting each day. Langer said he decided on the ap- pointment of Mrs. Minnie Craig, {speaker of the house, because he | wanted women to be represented on the committee, He said he considered |“she belonged to the faction opposed | to Judge Christianson.” | 4. E. Thompson, superintendent of ipublic instruction, was appointed by 0 him, Langer said, because he felt the {schools might need federal aid, and he wanted someone on the committee who would understand the needs of Frazier and former Governor Walter} For Bismarck station: Total this month to date ... Normal, this month to date Total, Jan. 1st to date ..... Normal, January Ist to date |. Accumulated deficiency to date NORTH DAKOTA POINTS High- Low- 1,29 the schools. He considered Thomp- 137 |son a Democrat, Langer said. 243! The fifth member of the board, Lee 6.99 | Nichols, was appointed to the board 4.56 | because he was “square, and honest |and had been county auditor of Mor- {ton county for a great number of " , years.” No Idea of Control BISMARCK, clear .. 50 Beach, clear... #2 ‘99, “You had no idea of controlling or Carrington, clear 46 (04 being able to handle the committee in Crosby, clear ... 45 (0) your own way?” asked Hanley. Devils Lake, clear 46 “I had not,” replied Langer, “I Dickinson, clear 46 wanted a committee to take absolu:e Drake, clear . 46 charge in the state—to operate most Dunn Center. clear 47 efficiently.” Grand Forks, cldy 50 |""His first notification of appoint- Jamestown, peldy. ., 2 ment to the committee was made Lisbon, clear ‘ 49 jorally to the various members, Lan- Minot, clear . 46 ‘ger said. Later, a letter announcing Napoleon, peldy. 45 |their appointment was sent to each Oakes, clear . 49 (00|imember. Langer said the letter was pareball, clear 45 00 dictated by Ewing and signed by him- rite rain . 46 98 | self as governor. ton, clear . 46 00; The first meeting of the committee SOU | took place in his office, Langer sai SOUTH DAKOTA hehe ae | He attended o. ly one other meeting, eshte Pet, | Langer testified, after a representative Huron, clear . 86 50 96: 0f the federal government called him Rapid City, peldy 52 and asked him to be present at a meeting to consider the drouth situa- MINNESOTA POINTS tion. Langer said he had appointed High-Low- | a committee for the purpose of hand- Min: lis est est Pct. ling such problems. The committee Minneapolis. pcld + 78 52 .01;met with the representative and micorbead, clear -,82 50.01 | others. le above record for 48 hours. | “Did you have anything to do with WEAT! Ragen the allotment of funds or the policy MER IN OTHER STATES | o¢"ene committee?” Hanley Inquired. | “No sir,” denied the governor. He 84 Amarillo, Tex.. clear Pg 6 t oe explained that when checks came for pee ane do with Boise, Idaho, clear + 86 60 .00)rellef from the federal government, tno Plies ae relief Calgary, Alta. clear.... 66 48 .00/he “opened the envelope, noted the| unas pao, ill. clear + 80 58 .0%;amount, endorsed the check. and “T did not, I had nothing to do Des oo clear --++ 88 56.00 notified the secretary of the commit | 41 plication at any time, ex- K Moines, Ta., cldy... 80 58 .00| tee to come and get it.” a any oP Without = edge City, Kans. clear 92 64 .00| "pid you have anything to do with|cePt to sign my name, Fes Edmonton, Alta. peldy. 68 48 ‘02 |the fixing of salaries of employes?” | cePtion. at no eee Havre, Mont. cldy..... 8 50 00! fF aries of emploves?"|figures on applications I was about Helena, Mont., pcidy... 78 52 (00, Hanley asked. to sign. I signed them in the Kamloops, B.C. clear.. 86 56 00] “No sir.” answered Langer. form in which they came in.” Kansas Cit; cldy. 82 70 12 Didn't Hire or, Fire “In the indictment on which you Lander, Wyo. . 82 50 .00/ “Did you have anything to do with)... being tried is the charge that you Medicine Hat, A., clear 52 48 (00|the hiring and firing of employes?” |8Fe, Win@ Wont Jy a reement les City. Mont., peldy. 86 58 00 “No sir—with two exceptions—one|#md the administer the said act Modena, Utah. clear... 8 42 .00|time Judge Christianson came to me|‘ COmUDty sdmibeter tit te ame Dbla Cie, aeb. clear.. 86 58 .04/ about the appointment of a woman |8nd of ing , there such - City, O.. cldy.... 100 68 00 | relief worker in the field; I told him|m™ent,” Hanley said. “Was a ain cig oe * iH a the appointment was personally ob-|®" aia pte Roseburg, Ore’, peldy. .. 92 6) “op | Jectionable to me. I went to John] 10.05" tweets charges in St, Louls, Mo. cldy..... 84 79 9g) Williams on another occasion and). thaisment that and other Salt Lake City, U., clear 82 56 199 | asked him to give a position to Donald | ine Murunen Et Ae toe the 8. 8. Marie, Mich. cldy. 54 46 .00| Nye, a relative of Senator Nye.” omy terfering with operation Seattle, Wash., clear... 58 .00| | He named the various secretaries of | PORats se that administration of Sheridan, Wyo. peldy. 84 56 00|the relief committee in their succes- | ft acts; terferred Sioux City, Ia. clear... 80 64 00|siun; E H. Brant, R. A. Kinzer andjFelief for the needy was interfer Spokane, Wash. clear.. 90 60 .00| John E. Williams. ret egg to a a earns ey ceat a 44 00) “Did you in any way attempt to i cldy. .. 50 00 | dictate who the different secretaries Toledo, Obio. clear..... 82 58 00 should be?” Hanley inquired. ucca, Nev., clear 84 48 .00/" NO gin» a 7 if ns 10 50 66| “No air, exclaimed the governor. “The Leader” was “my own idea” Langer testified. He said he came to C ONTINUE D the conclusion "that a newspaper from page one: should be established when he was in the hospital, in January, , Says He Talked be 48.10, lo One on Papers ie the eget gs see at we were in for a it to get Leader Proposal Program voted bythe people ih dune i rk vi throug! ie ure, ant they Meitied pa Apia Ewing “I had been very, were voted it would be to { ec IEE 2g «ances toe AeA 3 Mi RAS IE THE BISMARCK TRIBUNE, MONDAY, JUNE 11, 1934 the people. I felt that in order to get the administration side it would be necessary to have a newspaper. Of all the newspapers, not one was friendly to the administration.” “Did you have a legislative pro- gram you wanted put through.” |" “tn “line with the Nonpartisan | League program?” “Yes, sir.” Lanier objected to the question, but Judge Miller explained: “I am going ite be as liberal as possible; I am not leven going to be technical; but I ask jthat defense counsel be as confining as possible. The objection is over- tuled.” Langer said he figured out the plan of financing “The Leader” by him- self. “I had it definitely worked out by March, 1933. While I was in the hos- pital Frank Vogel came to see me and he had a report from the executive committee, showing the amount of “He also stated to me that the act) money contributed to the campaign fund in November. I found, to my surprise, there had been contributions from corporations. I hadn't known about that. “In the legislative program after June, 1933, T had sent for George Wallace of St. Paul. up and I spent a week formulating a tax program, we drew up 13 bills to be initiated at the November election in 1933.” He described a meeting of poli- tical heads at the Mandan fair. at jwhich the bills were considered, and a» which it was decided not to place; them on initiative becnuse they felt/ the bills would pass the legislature. . Langer again explained he did not know the fund had received contri- butions from corporations in Novem- ber, and again the prosecution ob- jected but was overruled. Langer con- tions. “We raised their taxes from five to 12 per cent, giving a half- million. dollars more in taxes.” As he attempted to continue on this line his own attorney interrupted and drew him into the testimony relative to five per cent solicitations. Back to Five Per Cent “There was the five per cent plan— tell what was in your mind,” Hanley urged. “Well—I had had a good many years’ experience with the organiza- tion of newspapers,” Langer began, only to be halted by a prosecution ob- jection which was overruled—“sinve the League first came into power in 1915, I knew there were four or five things essential if the newspaper was to be a success and bring before the Fair | Manager of the Bank of North Dak-| people of North Dakota the real pur- poses of the administration. It must have proper financing and the right kind of management, and would have no value unless it had an enormous er northwest por-;he had knowledge of financing. He | circulation. “I knew of no way to get the cir- culation and get financing unless I got all the employes to subscribe and sell subscriptions.” ; He said he called in E. J. Conrad, publisher of a scmi-weekly, and dis- cussed costs of production and the question of mailing privilege. He said he came to the conclusion that the best way was to buy a newspaper. Langer said he felt “the employes who had positions under the state government owed at least support as a duty to the government to go out and secure a large circulation for a week- ly newspaper. “I felt if they sold an amount equal to five per cent of their annual salary it would not be asking too much. Especially in view of the fact that government officials had been reduced 20 per cent in their salaries.” He said he appointed Oscar Erick- son as publisher of the paper because @ committee could not efficiently run a newspaper. Langer said “he sent for Erickson and the two discussed the newspaper. ences at any time or place with any of the defendants, after your talk with Conrad?” “No sir—except I talked to Vogel one night.” Ewing Issued Warning “When Ewing came, was anything said about state relief employes be- ing solicited?” Hanley continued. res,” “Up to that time had you known such solicitations were being made?” “I had not.” “Did Ewing say anthing to the ef- fect that he saw Judge Christianson?” “Yes.” “You say you learned about it the same time?” “I heard about it the same day. I told Ewing I would take care of it and tried to get Judge Christianson. I couldn't get him, and took the mat- ter up with Stangler. I told him the same I had told Ewing. I said ‘Clean it up immediately.’” Langer testified that he saw Nichols the next morning and gave him the same instructions, and added that he wanted post-dated checks given as “Leader” pledges to be returned to the relief employes. “Had the solicitations from employ- es in the state emergency relief office been a part of plans for raising funds or selling subscriptions?” “No gir.” Had No Knowledge “In connection with sending in ap- plications for funds, did you know that there had been solicitation of employes in the state emergency re- lief offices?” tinued referring to various corpora-_ “Did you have any other confer- | employes because they did not con- tribute.” Langer also denied any reduction of salaries resulted from ‘failure to con- tribute, or that increases were given for contributing. Hanley then turned to Langer’s per- sonal account and to testimony of government witnesses that transfer of funds of “The Leader” were made to this account, “There appears in testimony and exhibits that out of the funds de- posited in ‘The Leader’ fund certain amounts were withdrawn and paid jover to you,” Hanley said. Langer said this was true. He then lexplained on further questioning that his personal account included other income, and that at the time he be- came governor he had $52,000 in un- paid accounts outstanding, owing him for legal services. Explains oBok Account | Some of his clients paid on their accounts and the money was depos- ited in his personal bank account, jLanger said. He added that revenue from his farming interests went into his account. | “Referring to the wheat deal, is it true you did purchase on the market Wallace came! sume wheat?” Hanley asked. “That is absolutely true.” “why?” “I have done that for the last 15 years, I have several thousand acres of land, and every year I do that.” Langer then explained that it was @ part of his farming system, “having wheat on hand, to buy futures.” Hanley then asked about a $2,461 item for the purchase of stock. “Was that the first withdrawal from a Leader’ fund?” Hanley asked. “Yes.” “Tell us what the situation was at the time the withdrawal was made?” “Erickson came to me and told me they were going to garnishee ‘The Leader’ account. I talked to him about it and told him to keep the account low, so that if garnishment came in, the fund would not be caught short of funds.” Feared Garnishment Hanley asked who threatened gar- nishment. Langer replied that “we figured it would come from one or two places.” He named P. L. Aarhus of Fargo and members of the Nonpartisan Let executive committee, which broke with the governor. Langer said that at the time there was friction between “The Leader” and Aarhus. 5 “Did the Nonpartisan League owe you any money?” Hanley inquired. “Yes. There still is some due.” Questioning then turned to a meet- ing at which government witnesses testified Langer, Vogel, E. J. Conrad and Sam Clark were present. Langer explained the meeting “wasn't arranged by me,” but by Conrad who desired to sell the option he held on “The Progressive.” “As far as your connection with your purpose or intent?” that meeting is concerned, what was “I was simply present. Clark and Conrad were on opposite sides. Con- rad wanted to sell the ‘Progressive.’ Clark wanted the ‘Record’ taken over and to hire him as editor.” Hanley inquired about employment of Oscar Chaput. “Did you have anything to do with the employment of Chaput?” “I did not.” “Did you have anything to do with the solicitations he made?” “No, sir.” “It appears from testimony given here that Chaput had a desk in your office?” Helped On Moratorium | Langer explained that when he campaigned for governor he promised to dispense with a secretary and rec- jommended to the legislature that no appropriation be thade for one. He declared he later became ill and needed help. He said he was in nced of a lawyer for handling matters regarding the moratorium and Erickson offered Chaput's assistance. He also was giv- en the use of a stenographer who re- ceived her pay from “The Leader”, declared. Hanley asked who paid Chaput’s salary. “The Leader’, I guess”, Langer re- plied. “Testimony was given that Chaput and McDonald, or both, said they had or would see the governor about changing from quarterly to monthly payments,” Hanley said referring to ‘Leader’ pledges. “Did they come to you?” “No sir.” “Also, referring to R. A. Kinzer, did he ever come to you and ask you re- garding quarterly or monthly pay- ments?” “No sir, he did not.” Hanley then asked Langer whether he heard testimony of K. W. Simons, editor of the Bismarck Tribune. Lan- ger said he did, but further question- ing on this point was abandoned when the court sustained an objection of the prosecution, which pointed out that Simons’ testimony had been ordered ‘Under cross-evamination by District Attorney Lanier, Langer testified Kin- zer became executive secretary of the relief committee with his approval. “Two days before he took office, you had a conversation with him?” “Not that I remember.” “You heard the testimony of Kinzer to that effect?” “Yes, I heard it—we may have had '@ conversation.” check.” “He asked me to sign a blank check and fill it out and hand it to him until Chaput came into the office, Langer said. “When did Chaput come to your office?” “In July, 1933.” “You knew he was receiving money representing five per cent solicitations for deposit?” “Yes,—I did.” “You knew he made out deposit slips in your office, for moneys re- Ceived to be deposited in ‘The Leader’ eecount?” - “I never saw him do it—I assumed he did,” replied the governor. “You heard Chaput testify to the effect that he purchased a draft in the sum of $500 and that he paid for the draft in cash and checks that had been solicited?” “Yes, I heard that statement.” “You heard the statement that the draft was deposited to your personal account?” “Then that item of $500 was never deposited to ‘The Leader’ account?” “That's not true!” exclaimed Lan- ger. “Then it was deposited to ‘The Leader account?” “That's my understanding of it,” replied Langer. “Then Chaput in his testimony must be mistaken?” ' “I don't know,” answered the gov- ernor. The defense has indicated it may complete its side of the case Monday, after which will come rebuttal and sur-rebuttal testimony. The case then will go to the jury, possibly late in the week. After nearly two days of cross- examination, Oscar Chaput, business manager of “The Leader,” adminis- tration newspaper, was released Sat- urday as a witness in his own de- fense.. He was immediately followed on the stand by another defendant, Frank Vogel, highway commissioner, who described his talks with Langer regarding establishment of an admin- istration newspaper. Crowds have increased daily in the courtroom, until scarcely a seat re- mains, as a result of defense an- nouncements that each defendant ague | would take the stand. The spctators have increased, in anticipation of the; time Langer, himself, will speak. from the witness stand in his own behalf. Saturday's Developments The defense developed these facts Saturday: That Vogel opposed solicitation of employes for five per cent of their sal- aries to finance a newspaper, on the grounds it was “poor politics.” That Langer told Nichols, regarding solicitations: “Clean it up. Your committee is supposed to attend to that. I don’t want anything to do with it. I’ve got trouble enough of my own right here.” That George Hepner was dismissed as a state highway employe because of numerous complaints about his work, in contrast to prosecution testi- mony that he was dismissed after he had refused to contribute five per cent of his annual salary. Nichols said the conversation with the governor came shortly after Sher- rard Ewing, field representative for the federal emergency relief admin- istration, announced to the committee that R. A. Kinzer’s services as execu- tive secretary were not acceptable to Harry L. Hopkins, relief administra- tor. Nichols’ testimony as to his con- versation with Ewing was allowed over the prosecution’s objection that it was ‘an attempt to impeach a witness.” ‘ “It's not,” shouted E. R. Sinkler, defense attorney. “It's a preliminary question.” ‘The court held a whispered con- sultation with the defense attorneys before overruling the objection. The reporter read the question, “What conversation was there between you and Ewing?” Kinser ‘Had to Go’ “Ewing announced,” Nichols said, “that Kinzer’s services were no longer acceptable to Mr. Hopkins because of certain letters Kinzer had written criticizing the relief administration and also because of certain letters complaining of Kinzer’s political ac- tivities. and because of the solicite- tions in the relief office.” “Subsequent to that did you talk to Governor Langer?” Sinkler in- quired, “Yes.” “What conversation did you have?” “I told him. that Kinzer had to go. That Hopkins had notified us that he was no longer acceptable because Nichols said further that the relief offices on August 25 had been des- ignated as the “state emergency relief committee.” “I think it was soon after that that it was changed to federal emergency of his criticism of the relief admin- istration, the letters of complaint and the solicitations in the office. ‘Yes, the governor said, he had just heard of that. He said ‘clean it up.. Your committee is supposed to attend to that. I don’t want anything to do with it. I have trouble enough of my own right here.” “Did you say that you would clean it up?” Sinkler asked. “No, I didn't ne hed the auth- Sinkler called Nichols’ attention to the minutes of the committee for August 25 in which Nichols had made the motion to allow bills which in- solicited for five per cent. Thorp then asked Vogel about John Flagg, highway ent draftse man, who testified he received an In- crease in salary after pledging a per- centage of his pay to “The Leader.” “Flagg was receiving the lowest Wages there, $68 a month,” Vogel re- plied, Vogel testified that © local credit bureau called about a $3.50 bill Flagg owed, and that in a talk with Flagg the draftsman paid he cculd not meet his obligations! Made Flagg Personal Loan “He also informed me,” Vogel de- clared, “he could not pay his two per cent.” Vogel explained this two per cent was assessed against Flagg before he (Vogel) became highway commis- sioner. Vogel declared he gave Flagg $3.50 “from my own pocket” and told him to pay the bill for which the credit bureau was pressing “so I would not be pestered anymore.” It was a “long time ,afterward,” Vogel said, that Oscar Chaput, busi- ness manager of “The Leader,” men- tioned Flagg’s name in regard to a bagasse A “The Leader” fund. te aput,” the high’ head said, “to leave Flagg alone. Vogel testified he told Chaput when he introduced him to G. A. Hample, one of the employes, that Chaput would be introduced in turn to var- ious employes-but they were not to be solicited if they did not want to con-| _ tribute. He again referred to his conversa- tion with the governor concerning establishment of a newspaper, and said he told the governor “I'm no piker—if- you want me to contribute, I will, and if anyone else in my office wants to contribute voluntarily, that’s al right. I told him I didn’t want anything to do with it and I didn’t. The governor said he was going ahead with it anyway—I couldn't stop him.” Vogel. said the two pez cent assess- ment against the employes had been levied by the state officials, in Jan- ti uary, 1933, to meet a deficit of the Nonpartisan League. He testified’ that when he dis- charged an employe he instructed “The Leader” to return that man’s) checks. He said he had no knowledge of how much anyone subscribed. « Regarding the discharge of Giles Personius, highway department em- Ploye, Vogel said he “relieved” the Tan because he “talked too much dur- ing working hours.” 7 Cross-Examined Briefly Lanier cross-examined Vogel briefly. His questions were virtually a recital of previous testimony to which Vogel had simply to answer “yes” or “no” Vogel confirmed queries about the time of his solicitation for five per cent of his salary—on May 11—by Chaput, of his having introduced Hample to McDonald who subse- quently. met, highway department em- ployes and began his solicitation among them. Then Lanier directed his question- ing to “The Leader” conference at which Vogel, according to his pre- vious testimony, said he was present ip support of Sam Clark as editor of the proposed “Leader.” “Didn't you say (at the conference) that there couldn't be a (‘Leader’) corporation because all the contribut- ors would want stock?” “Yes” “You knew that the meeting on July 5 was called to consider who was to be editor?” “No sir,” Vogel replied. “It was a meeting to discuss who was to be editor only insofar as Sam Clark was ecncerned.” “At the meeting held at the gov- ernor’s office July 10 cid the ques-| tion of the editorship come up?” “Yes,” Vogel added that Clark, as the pro- | posed editor, was dropped. He said “Sam hung around and finally left.”| “Was or was it not decided to buy ‘The Progressive’ (at the meeting)?” “I believe it was.” “Did you mean to teil the jury (in Previous testimony) that you didn’t tier into the discussions?” “No.” “As highway commissioner, gan to ask. Vogel said, “No sir,” with Thorp objetting to the’ question. “Just a minute,” Lanier smiled, “let me finish my question.” He con- the) funds made available—” Lanier be-! tinued, “As highway commissioner, the funds made available through the 1933, and the Industrial recovery act were distributed by you to the state ot ee Dakota?” “No.” Thorp objected. “Let the record show our objection before that an- swer,” he said. “We object that the question is irrelevant and improper, for cross-examination. If they are nod into that subject, we want to, The court sustained Vogel was) lismissed. Hamilton Is Called Senator Hamilton was called. In- jured last fall in an automobile acci- dent, he came limping into the court- toom on crutches. His testimony opened with his identifying himself as superintendent of equipment of state highway maintainers. He told of visiting the Minot divi- ston of the highway department in the spring of 1933 when Hepner was in charge. “Did you see Hepner?” Thorp asked. “I did. I said I would like to see him a few minutes and he said he was too busy to talk to me.” - “Tell us what you reported to’ Vogel?” a “The boys (highway employes at Minot) were’ disgruntled. Hepner wasn’t getting the work done as he should have. He wasn't cooperating di The witness was talking at top speed—too fast for the stenographic Teporter. “Wait a minute,” she asked. The court smilingly told Hamilton, “Wait until the court reporter catches un to you.” Hamilton paused before continuing. “Hepner was a very fine enginecr. but of @ disposition. that he just ‘couldn't get along with men.” He was about to elaborate on Hep- ner'’s character. at more length when Lanier objected to the detailed testi- unit and. Thorp asked another ques- “Did you say you told Vogel he federal emergency acts of May 12,| ordered. é 1 fell before.” down,” the court Just give a cripple time,” Mrs. Craig smiled. | “when she was settled in the chair, |Sinkler began, “You were a of the relief committee when Kinser was there?” “I was.” “Do you remember when McDonald came there?” “T do.” Ny you remember hearing him talk?” ais “I heard some “Did you hear him ask Kinzer thing?” “I did not.” ¥4 “Did McDonald solicit you? “He came to me.” : “you did not subscribe?” “I did not.” “Did you hear McDonald say any- thing to indicate his using any pres- sure?” “I did not,” Mrs. Craig sald em- phatically. When McDonald returned to the office the following morning, Mrs. Craig said she recalled that he talked to Forde. “Forde,” she said, “questioned him about his sales talk. He asked Mc- Donald several questions that he was unable to answer. Forde thought it strange McDonald didn't know his sales talk better and told him so.” Mrs. Scott Absent Over Day In referring to Mrs, Scott, Sinkler asked, “Do you remember she was ab- sent from the office during August?” “I remember Mrs, Scott was absent from the office—she was ill.” “How long was she absent?” “More than a day, I remember.” “What about raising salaries—they started at $80—was there any discus- sion about that?” “I do recall that there was because I was always fighting for increased salaries for ‘the girls because they worked hard.” “There was very little overtime paid for the amount of work put in,” she | ought to write Hepner a letter?” jfurther testified. “I told him he ought to go up there or something. I didn’t say what should be done but I thought he ought ta do something about it because he was the chief.” Hamilton said that during his visit |“ at Minot he did not see McDonald although he heard the latter was in that section of the state soliciting five per cent contributions. Lanier questioned him regarding the length of service of each of the various | titular heads at the Minot highway| division, Nearly all, his testimony) showed, had been there a compara- tively short time. Hamilton remained on the stand during the recess. As court resumed, he .was dismissed and Mrs. Minnie Craig, speaker of the state house of representatives and member of the state federal. emergency relief com- mittee, was called. She also walked on crutches. One Cripple Replaces Another | Spectators chuckled to see one crip- | ple replace another on the witness stand. Hamilton was injured in an auto- mobile accident. Mrs, Craig was hurt in: a fall from the same stand on; which she was now called as a wit- | ness in the trial of the governor and his alleged associates, @ As she struggled with her crutches to get upon the platform, she said, “you knew Miss Brandby?” “Yes, Stella Brandby.” id she put in overtime?” “I presume she did put in some be- ause they all did.” “About the time she was hired, did Kinzer make any statement to you about her?” “Kinzer said she was just out of school and if she made good he would raise her salary.” “In the spring of 1933, did you ask that the employes’ salaries be raised?” “as I said before, I was always talking about that because I thought they deserved it.” “Did you hear McDonald use the word ‘voluntary’?” Mrs. Craig said she wouldn't be able to testify as to whether he had used the word or not. “Did you ever hear Kinzer say he was going to see the governor?” “I didn’t hear anything of the kind.” “Have you ever seen Governor Langer there?” “Never.” Lanier asked only two questions in cross-examination. He began with “you are speaker the house?” “Yes.” “And it is pretty generally known that it would do no good to use pres- sure on you?” nie Thorp objected and the court sus- “This looks like the fatal place where tained. ‘The Colgate House Party has been changed from Saturday night to ry night, So, don’t forget to turn the dial of your radio set to KFYR7:30 P.M. 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