The Bismarck Tribune Newspaper, June 19, 1934, Page 2

when she came tution as the case is one of strictly|ahall in home. She had Amidon v. Smith, 1 wheat., |settle grievances. MINNESOTA VOTE C ONTINUE D gained so much’—“They think camp/ public concern involving questions|461 4. Ed. 132, @ ‘technical term ap-| The workers to from page one is wonderful. Child is doing every-| affecting the sovereign rights of the| plicable to judgment in a criminal| their strike indefinitely if that plan i thing she can to make people think | state or its franchises or privileges. | prosecution.’ were : iFunds Assure that she needs to go back to camp”—|You will observe, according to such|" “We therefore have no hesitancy 1 Cam for Under- “The child was supposed to have said| decisions as Wishek vs. Becker, 10 N./in advising you that, in our opinion, ip | that even though she was glad to see|D 63, that such action must be com-|no vacancy hes been created in the Grand Forks Gains Esra a nourished Kiddies) het mother and the rest of the fam-|menced and prosecuted by you, as|oftice of governor by reason of the Democrats Favor Regan; Re-/ i} publicans Poll Heavily for | eq a series of benefit parties to boost Martin Nelson St. Paul, June 19.—()—Belated re- turns from country districts Tuesday built up an almost insurmountable lead for United States Senator Hen- rik Shipstead over Congressman Francis H. Shoemaker in their race for the Farmer-Labor party nomina-j fion for United States senator. Reports from 1777 of 3,696 precincts, in Monday's primary gave Shipstead | 50.991 to Shoemaker's 16,460. ! Meanwhile, John Regan gradually pulled away from Fred Schilplin in the Democratic contest for that party's gubernatorial nomination.! Returns from 692 precincts gave Re-| gan 19.773 and Schilplin 18.208. Skellet. one of the eight contestants, remained almost stationary at 12,591 in third place. * ‘eral treasury and others took up col- Pproval of the grand lodge, and launch- the free bed fund. In Bismarck, $37.50 was raised at the benefit bridge given by the local organization. The free bed fund, Miss Katen ex- Plains, is an absolutely separate fund administered by the association, us- able only for service to under par children. Donations are distributed 80 as to senefit children living where the money comes from. One club sponsored a moving picture show to raise its do..ation to camp. Others voted amounts from the gen- lections among the members. Mrs. Albert E. Jones, Lisbon, a member of the state tuberculosis as- sociation’s board, heads a new free bed fund committe’ in which she hopes to reach e ery county in the state to organize the communities t> do something to raise funds to back children who need the service camp Republicans apparently had voted, overwhelmingly for Martin Nelson as) that party’s nominee for governor.| Nelson had 27,470 votes to his credit} against 3,677 for his nearest opponent. | Congressman Einar Hoidale was) far in the van in his contest with offers. The committee probably will be permanent. Bismarck Community Council's $35.00 check is the largest donation to the free bed fund to date. Clubs do- nating $25 are the Rismarck Monday, Dickinson Dorcas society, and Lis- | first major defeat in the passage of a ily she preferred camp.” CONTINUEP from page one Seven Billion Is Appropriated by New Deal Session well, brain trust symbol, as under- | Secretary of agriculture. In addition, there was the inevitable disagreement between the White House and congress on veterans. pay- ments, ending with Mr. Roosevelt's vetoed bill increasing such payments. Taxes and tariffs, too, produced their usual disputes. Dormant since the outset of the ad- ministration, due to the critical eco- nomic situation and the widespread popularity of the president, big busi- ness vigorously pursued opposition to the stock market bill, the Wagner labor disputes bill and the Copeland Pure food measure. Nevertheless, the securities mark- ets measure was cnacted, but the Copeland bill was forgotten, while the Wagner measure furnished a bat- oad general, in the name of the state, “Only circumstances of utmost pub- lic. concern have overcome the hesita- tion and reluctance of Gov. Olson to make this demand at this particular, time and under existing conditions, But the heads of other departments of government are in serious doubt of their own proper course. Their own official transactions with or in con- junction with the executive have been subjected to grave and serious doubt. They must know and know at the eorliest possible moment who may now. lawfully perform the functions of ex- ecutive. The civil rights and interests cf thousands of citizens and others now depend’on the determination of, that question. “For these reasons and solely on ac- count of the interests of persons other than himself, my client has authorised me to submit to you this demand for action to the end that he and the public may know whether the duties and functions of the executive have now devolved on the lieutenant gov- ernor under Section 12 of the con- stitution.” Sathre Gives Opinion Here is Attorney General P. O. Sathre’s opinion to Gov. Wm. Langer, ruling that, despite a jury's convic- verdict rendered by the federal jury, and that therefore you are still the duly qualified governor of the state of North Dakota. “I am authorized to say that the en- tire staff of the attorney general’s of- fice has concurred in this opinion.” Speaking in Fargo Monday night, Langer avoided direct reference to his conviction but asserted that, if he had to enter prison hy would do so with his head up because “I know in my heart that I have kept faith with every man, woman and child in North Dakota.” By inference he laid the blame for his on the railroads, and utilities and Democratic ad- ministration at Washington. Several candidates on his ticket pleaded with ro Leergered to eat serve judgment” un! e es! courts in the land had raved the conviction. Seek Labor Reaction To Strike Truce Plan’ ‘Washington, June 19.—()—The ad- ministration sought Tuesday to find out what steel employes think of the strike truce plan accepted by union Full Game on Blues St. Paul, June 19.—(#)—Greater Grand Forks gained a full game on the league leading Superior Blues in the Northern League Monday, pulling out an 11-4 triumph on the strength of 16 hits in the first game of the im- portant three-game series. Although Pete Guzy, Duluth twirler, allowed only five hits, Fargo-Moor- head utilized every one of them to turn in a 5-1 victory. Home runs by Koets and Hansch aided the cause of Bill Zuber, Twin pitcher. In the other two games, free-hitting resulted in discomforting afternoons for the pitcher. Eau Claire, led by Abraham who had a perfect day in five trips to the plate, trounced Crookston, 17-9, and Winnipeg nosed out Brainerd-Little Falls, 7-6. Slayer of Illinois Dentist Is Sought Eldorado, Mil. June 19.—(7)—A cool, ruthless slayer who lured a wealthy dentist to the country, then shot him in the back, took his keys and looted ‘his office was the object of a state- MARIE, TELEPHONE TO JACK MARSTON THAT 1 CAN'T 60 TO THE BEAUX ARTS BALL TOMGHT-| IVE A MOST TERRIBLE HEADACHE ASPIRIN FIRST — TUEY WERK $0 FAST- (U, GET s0mE WoW. <1 Don’t Forget Reel BAYER Here is quicker relief from pain—the fastest safe relief, it i sald, ever nown. This is due to a ntific by whieh *aNVER he starts “Uykeag, held” of pulse few, WHY BAYER ASPIRIN Lewis E. Lohmann for the Democra-/bon Florence Kimball American Le-| tle for the closing days of the session labor. wide search Tuesday. tic nomination for senator. Hoidale|gion Auxillary. Other donations | which saw it whittled down to a|in.01 ‘he governor of s felony he} Hugh 8. Johnson, NRA administra-| 4 few hours after the body of the inate tf ts she WORKS SO FASt had 22,492 to 7,075 for Lohmann. Tom | above $10 are $18.44 from Hazen Wo-| shadow of its original robust self. [D> tho sits of North Danette at eo sound Out! dentist, Dr. Homer L. Meyers, 55, Was] tells the story. A Bayer tatiieeaeis Davis was about 2.000 behind N. J.| men’s club, $18 from the Minot Aux- Monetary Reform Undertaken sat ate of North Dakota.’ leading steel men on the proposal by| found in a clump of bushes on his disintegrate ‘or dissol’ to work Holmberg on the Republican ticket ‘We have been asked for our opin-/ William Green, president of the/ farm several miles from here Monday, in the contest for senate endorse- ment. The vote stood: 11,122 for) Davis and 13,017 for Holmberg. | Gov. Floyd B. Olson and Martin) iliary to Veterans of Foreign Wars, $17.38 from the Hebron’s Women’s Study club, $15 from Mrs. E. J. Tay- jor, Bismarck, $12.17 from Mott Wo- man’s club and $12 from Bismarck One of the first jobs that the presi- dent assigned to congress was that of monetary reform. As a result, the treasury took title to all the nation’s monetary gold, including that held jon as to whether or not the verdict of guilty rendered by the jury in fed- eral court operates to create a va- cancy in the office of governor. It is our understanding that, pending mo- American Federation of Labor, which delayed a threatened walkout. Green's proposal was adopted by the Amalgamated Association of Iron, Steel and Tin workers at a conven- Chicago police announced they were convinced they “knew” the slayer and kad two places under surveillance. —almost instantly. This means quick relief trom pain—fewer lost hours from headache, neuritis, rheumatism. And safe relief. For genuine Bayer Aspirin does not harm the heart. Nelson, candidates respectively for) Mothers’ club. by the federal reserve banks; the PIONEER DIES en you buy, see that you get gubernatorial nomination of the|” Individual Donations Given | egal gold equivalent of one dollar was tions for a new trial and in arrest of|tion in Pittsburgh lest week. It calls| Ludwig Mickel, pioneer of McLean| the genuine Bayer Aspirin, The best Farmer-Labor and Republican pat-| Gifts in the $10 bracket are from|reduced by 40 per cent. Gold was|judgment, the court has deferred/for a presidential board of three to/ county and resident of Wilton, died way is never to ask for aspirin by the ties, increased their leads over Op-jthe following groups: Grand Rapids| withdrawn entirely from circulation | further proceedings in this case un-/mediate in disputes over code clauses,| at 9:45 a. m., Monday, at his home.| name pirin” alone. But if you ponents and apparently were certain! Homemakers, Bismarck Fortnightly,|except for payment of foreign trade |til June 29 at 2 o'clock p. m. to hold elections to determine collec-| Arrangements for funeral services} want Bayer Aspirin’s quick relief of endorsement in their contests./ Dickinson Colonial, Bismarck Cur-|balances. The nation was placed up-| “Section 9197 C. L. 1913 reads as|tive bargaining representation, and to) have not yet been completed. ys te say “BAYER Aspirin.” ‘The governor's total had passed the/ 50,000 mark while Nelson's stood at 26,399 on the basis of 655 precincts.| Nelson's closest competitor was A. B./ Gilbert with 3,515. | _ Weather Report || FORECAST | |Parent and Teachers’ rent Events, Center Current Events and the Bismarck Sunshine club. The 17 clubs sending $5 each were on what treasury experts described as “an international gold bullion basis.’ Rugby War Mothers, Hebron Ameri- can Legion Auxiliary, Courtenay association, Wilton’s Women’s, Velva Women's, Barton Women’s, Bowbells Study, Center branch of Stanton American From the profit accruing to the treasury when the gold content of the dollar was reduced, there was creat- ed a $2,000,000,000 stabilization fund, recently put to the task of keeping foreign exchange quotations at the follows: “‘A felony is a crime which is or may be punishable with death or im- prisonment in the penitentiary; every other crime is a misdemeanor. When a crime punishable by imprisonment in the penitentiary is also punishable by fine or imprisonment in a county jail, in the discretion of the court or Tried it yet For Bismarcs and vicinity: Prob-/ Legion Auxiliary, Bismarck Auxiliary|level desired by the administration. | jury, it is, except when otherwise spe- } abjy a shower tonight; Wednesday|to Women’s Nonpartisan Club No. 1,| The session's close, too, saw the en-| cifically declared by law to be a fel- partly cloudy; Bismarck Capitol Homemakers, Bis-|actment of monetary legislation that|ony, a misdemeanor for all purposes od cooler tonight.” marck Business and Professional Wo-| marked back to the silver inflationists after » judgment imposing @ punish- i aaa F wet Nentere'd men, Johnson Melany unit of Ameri-| and Wm. Jennings Bryan. At the urg-|ment other than imprisonment in the j showers, cooler can Legion Auxiliary, Rugby Woman's, | Ing of the silver inflationists and sen- | penitentiary.’ 3 west portion to- Bismarck Study, Cando Coterle, the} ators from the state producing that| “The offense charged in the indict~ i night; Wednesday Bismarck Catholic Daughters of|metal, the president agreed to pass-| ment against you is one punishable { partly cloudy. America and Bismarck Cosmos. age of a measure, stating it to be a by a fine of not to exceed $10,000 or For South Da- Four dollars was sent by the Lang-|national policy that one quarter Of|imprisonment for not to exceed two | kota: Scattered don Women’s club, and the Zahl|the treasury’s metallic monetary re-|vears, { showers, with cool- Women’s Christian Temperance Un-/| serves be maintained in silver. = er tonight; Wed- ion. Checks for $8.00 were sent by Bill Regulates Stock Mart «Assuming But Not Deciding’ nesday partly the Williston Book and Thimble, Wah-| The stock exchange bill created a| “Assuming, but not deciding at this 5 cloudy, cooler ex- peton Fortnightly Auxillary, and Park|special commission of five to regu-|time, that the conviction of felonious treme east portion. River Harmony clubs and Mrs. Carl|late the stock market, outlawed|Violation of the federal law would For Montana: SHOWERS — | Maassen, Bismarck. Minot Women's|manipulative practices and gave the | Constitute the conviction of a felony Generally fair tonight, except unset- tled southeast portion, cooler east Portion; Wednesday fair. For Minnesota: Showers probable tonight and Wednesday; cooler near Laxe Superior tonight; cooler in southwest portion Wednesday. GE! \L_ CONDITIONS A barom@tric disturbante is center- ed over wéstern North Dakota this morning (Bismarck 29.61) while a “High” extends along the Pacific coast (Roseburg 30.16). Light preci- Ppitation has occurred from the north- ern Great Plains westward to the Pa- cific coast while generally fair weath- er prevails from the southern Plains States eastward and northeastward to the Great Lakes region. Tempera- tures are high from the Plains States eastward to the Great Lakes region, but cooler weather prevails over the far west. Bismarck station barometer, inches: club sent $3.31, Minot Art club sent $2.55, Wimbledon Study and New England Woman's clubs sent $2.50, Washburn Study sent $2.25, Leeds Al- fredian sent $2.35, the Goodrich Am- erican Legion Auxiliary sent $2.10, New Rockford Minerva club sent $1.05, Harvey Sorosis club sent $1.60, and hag Maddock Woodman Circle sent 1.50. Donors listed for $2 each are the following clubs: Tolley Study, Steele Fine Arts, Newburg Homemakers, Tol- na Civic and Study, Verona Dacotah, LaMoure Fortnightly, Watford City Woman's, Devils Lake Junior Study, Bathgate Study, Leeds Women's Pro- gressive, Devils Lake Women's, Devils Lake Twentieth Century, Garrison Improvement, Courtenay Study, La- Moure Sorosis, Blaisdell Homemakers, Ryder Home Economics, Petersburg P.A.N. Homemakers, Steele Fine Arts, federal reserve board authority to fix minimum margin requirements. A rider was attached, with the acquies- cence of the administration, to liber- alize the securities act of 1933. To help provide business men with credit needed for expansion, both houses passed a measure, authorizing the federal reserve banks and the reconstruction corporation to make loans to industry, directly or through member banks, with the latter as- suming 20 per cent of the risk. To make the refuge of bankruptcy easier for harrassed corporations and municipalities, measures were perfect- ed whereby reorganization plans ap- proved by the courts and a stated pro- Portion of creditors would be binding upon the minority of creditors. CONTINUE sufficient to create a vacancy under our state law, it is obvious that it is impossible at this time to determine whether the judgment to be entered will be a judgment for a conviction of a felony or misdemeanor, as under section 9197 above set forth the sen- tence imposed by the court fixed the nature'of the offense for all purposes after judgment. The supreme court of Nebraska in the case of Gaudy vs. State, 10 Neb, 243, 4 N. W. 1019, spe- cifically held that under such a sta- tute as that upon which you were tried, the judgment of the court sen- tencing the defendant to a fine and imprisonment for 90 days made the defendant guilty of a misdemeanor only. “Bince it is impossible to determine at this time the status of the offense it seems clear that no vacancy can have been created by the verdict of 27.89. Reduced to sea level, 29.61. Mohall Woman's and Washburn Am- from page . Missouri river stage at 7 a. m. 5.1/erican Legion Auxiliary. aie bar jury. ft. 24 hour change, -0.6 ft. Small Gifts Come In, Too ‘More cogent reasons, however, for ‘The 28 $100 checks sent were trom| Decks Cleared to Dokting Ait no: NAS: See st PRECIPITATION Edwarda Soberg of Harwood, and the} Determine WhoIs — |(22, stent time are found in the er Peerarce station: following clubs: M:yville Women’s, termine 10 4 many: saaglggh held that acon otal this month to date ---... 272/zap civic, Portland Book and Thimble, Legal Executive) vetion consists of two parts, to, wit: A verdict or plea of guilty and a judg- Total, January 1st to date .... 3.86 | Sarles Study, Pekin Study, Lisbon ment upon that verdict. Normal, January 1st to date .. 7.94/Women's, Fairmoun’ Women’s Lit-|tne following for your investigation Accumulated deficiency to date 4.08 * ; “That heretofore by-+ appropriate NORTH DAKOTA POINTS |{Lisb Mothers’, Wahpeton Fortnight- & | Proceedings in another court, Gov./127 AM, St. Rep. 917, 85 N. E. 672 15 the more Power doll High- Low- ly, Fa Fortnightly, Rou , St. Rep. 917, . est est Pet, | Table, Eielaen Wana wen ook |baneer was charged with the commis-| Amn, Cas, 100 Live ner lar now available is BISMARCK, peldy. .... 86 61 | Women's Civic League, Enderlin Cleo, | #08 of acts which, within the mean-| «T¢ may be said, generally, that where in this famed gasoline? For economy is one of Beach, clear .. - 88 59 Fessenden Mothers’, Hansboro Friends | ‘6 0f Our own statutes, constituteltne contest of the statute refers to ” Carrington, cid - 83 55 ‘in Council, Enderlin Tuesday Study |2, felony and ubon which trial theltne successive steps in criminal its big advantages. Crosby. cldy. lar 46 Fargo, Study. Wahpeton Auxiliory |defendant, with others, was convicted| case, or any particular stage of such 0 Devils Lake, iia 0 04 | Liteeary: Retmare TAWA, aaa {Of that charge by verdic: of fury. And|s™ prosecution as distinguished. from We've held back in our statements about it. Diekinson, peld M56 Senior Women Mine Blu, Li in this connection your atiention is the thers, these words conviction But here's what you oan count on definitely: Dunn Center, peid: a 60 wood Woman's, Wahpeton Literary simply = Grane eae ely a and Lidgerwood ‘Civ Tmprorement Billed Jaws declaring shat an oftiee iy o ‘the verde a igus fey hers pear eee er high speed when and if you want it; fankinson, cldy. . 92 53 lub women of} wson will again | +: become jony ference e ascertainment zooming power for the hills; and genuine economy—ext Jamestown, cldy. 84 55 clean all the cabins, saving a large tion of the incumbent for fe lot guilt in another proceeding in its Kenmare, clear . 8 & Sesaseeeesesessseeees erary, Hankinson Women's Literary, Hatton Woman's, Casselton Woman's, expenditure. Promotion of the free bed by the various groups has been greatly ap- and verification: offense involving moral turpitude, Conviction Means Vacancy “As it is very clear, under these sec- tions of the law, that such a convic- Quotes Other Cases “As stated in People vs. Fabian, 192 N. Y. 443, 18 L. R. A. (N. 8.) 684, bearing upon the status or rights of the individual in a subsequent case, then a broader meaning attaches to mileage—on your leisurely pleasure tours. Or, to put it another way—have you profited by It is far and away the finest “regular” gasoline Standard Mapelede cay. coc So Se alana asiottion isder san chat automaticly reel tn ee [82 SRenonk, abd « convetion’ thao ceeeaito-ee, The-sanalite Miepiaiatey 0 ates clear. 290 39 955.28 in 1028, the yerr camp opened, |21NE ® Vacancy in the office, you will| # Mot established, or ® person deemed tankful—and let the performanos of Standard Red Crown Parshall peldy 82 54 01 to $15,280 in 1033, the budget has been | rouse Be Concerned at once With) oer tnet judgment, has Superfuel tell its own plain story of major improvement. mbina, cldy. 69 46 {reduced materially from the high fig- the . Sanish, cldy. 84 56 ure of $2,500. what circumstances a conviction may upon verdict. Williston, cle ot In the fall, Miss Katen will present | Pe Said to have taken Pines ne ~ pina wear eaten ot oe oat SOUTH DAKOTA POINTS a report of the North Dakota camp’s|in'the court where the abovermen:|ee:. State vs. Roybal, 33 N. Mex, High- Low- | Season at the Mississippi area confer- | tioned verdict was rendered, serve | 540, 273 Pac. 919. . est est Pet,|ence. which includes only two other | tegally to tive the gery 3 igure 8. 41 Fed, (24) 879, Huron, cldy. ... - 94 66 .00|camps, one in Nebraska @md one in picieedevl ge | el in short, reed 80 App D. ©. 356. Rapid City, cldy. 94 68 .00 South Dakota. Camp Grassick has|rent of sentence, as 2 4 “People vs. Jennings, 240 N. ¥. — been selected as a model. 4 i r p) /% 8 MINNESOTA POINTS Staff Members Selected Tike verdict. ct Siaty, Jaay-aigue 807 71, 19s Maul. A. 52 Nine members of the current year's ~|staff have been selected. They in- clude Alton Hewitt, McClusky sup- erintendent of schools, who will be resident director; Mathilda Hagerott, Mandan, public health nurse who will | be in charge of sanitation and health 00|education; Marvel Horner, R. N.; Ethel B. Jones, Fargo, nutritionist, who will be assisted by two home eco- nomics students from the North Da- kota Agricultural college; Mary Mar- garet French, Grand Forks, who do- nates her services as camp secretary; Elsie Hoeft, Dawson, teacher; H. W. Parker, Center, manual training in- since the camp was opened. All the staff members are highly skilled in their profeasion. Check On Service Given The 384 children who have had per- stitute an evidence of conviction. “On this subject I beg to say that @ painstaking research of authorities discloses no contradiction of the point that a verdict of guilty is and consti- tutes a conviction; that a judgment of sentence is not @ necessary preced- of & crime when 8 verdict of guilty has tes! been so given and entered against him. This is the well-settled mean- “Donnell v. Board, 128 Me. 523, 149 A. 153. wealth v. Minnich, 250 Pa. 363, 95 A. 565. “Smith v. Commonwealth, 134 Va. 589, 113 8. E. 707. “Burnett v. State, 83 Tex. Crim. R. 97, 201 8. W. 409. “] trey v. State, 46 Fla. 100, 35 yal v. wealth, 142 Ky. 33, 133 8." W. 976. i ie “Gilmore v. State, 3 Oki. Crim., 639, 108 Pac, 416. “Commonwealth v. Gorham, 99 Mass, 420. “Marion v. State, 16 Neb. 349 20 N. 8 BUT HERE'S GREATER LIVE POWER, SMOOTH AND SILKY, UNMATCHED BY ANYTHING IN THE ANIMAL KINGDOM BabebessrsbhseeceeeseLsesseesesesssss — SBeSseseseessseesssatessasassacscsasssass.