The Bismarck Tribune Newspaper, July 18, 1934, Page 1

Oldest Newspaper _ ESTABLISHED 1873 He Covers the Waterfront Riots WIDESPREAD LABOR DISPUTES DIVERTED TO SMOOTHER PATHS Arbitrate or Lose Support Is Mandate Handed Down to Maritime Workers NO VIOLENCE IN MILL CITY Portland’s General Walkout Held in Abeyance Pend- ing Conference (By the Associated Press) From Oregon to Alabama the na- tion’s turbulent labor currents swung into smoother channels Wednesday. The most striking example was in San Francisco, where the general strike’s board of strategy took the lead to divert the longshoremen’s con- Governor Fi Strategy Used to Avert Strike Strife iit Ra RR BD AIT THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, WEDNESDAY, JULY 18, 1934 Early ‘Showdown’ Seen its action. obeys Olson the contest probably will nesday were that he would do so. Olson's Order to Sarles The Adjutant General. Sir: You are informed that in the case of Ole H. Olson vs. William Langer in the Supreme Court of this state there was this day entered a judgment ing as f 3 5 “It is ordered, adjudged and decreed that because the respondent William Langer on the 16th day of June, 1934, i the District Court of the United States for the District of North Da- kota was convicted of a felony and on the 29th day of June, 1934, was duly In Olson, Court Orders Final Judgment Completes Jurists’ Duty; Olson Statement to Ad- jutant General to Force Recognition of One or Other Claimants Here are the texts of two important statements issued late Wednesday in connection with the fight for control of the state government between Ole H. Olson, acting governor who is backed by the courts, and William , seeking to continue as governor despite the court’s action. One is the judgment issued by the court in the ouster case, completing The other is the order issued by Olson to Adjutant General Earl Saries, calling on him to place the state militia under Olson’s control. Cancels Session ¢ If Sarles be at an end. Indications late Wed- Final Court Judgment The court filed the judgment in the following form. Order for judgement having been made and filed; now on motion of Howard G. Fuller, attorney for the petitioner, Ole H. Olson: “It is ordered adjudged and decreed that because the respondent, William Langer, on the 16th day of June, 1934, was duly convicted by said court; and, “William Langer, on the 29th day of June, 1934, was duly sentenced by said court to imprisonment in the In two dramatic moves, Acting Governor Ole H. Olson early Wed- nesday notified members of the state legislature that the special session called by William Langer had been cancelled. Olson’s second step was issue an order for the return of Na. tional Guard troops to the local arm- ory, trod to await further orders into a more peaceful course. Arbitrate or lose our support, the general strike committee virtually told the maritime workers, “Left wing” leaders roared in vain. The Water- front Employers’ Association was to @ecide Wednesday its atand on the erbitration proposal. Portland’s proposed general strike ‘gas held in abeyance to permit labor leaders to confer with Senator Wag- \ ner, the government's representative, ) in @ move for mediation. The public | was promised 24 hours’ notice should News cameramen entered the riot area of San Francisco's water- front ready for what might happen. Stee! helmets on their heads, gas masks in place, they mingled with crowds, police, and troops, wherever action was fastest. Charles Doherty, cameraman for the San Francisco News, is shown here on duty on the waterfront. STATE SWELTERS IN | TINDALL NAMED 10 HEAT WITH RELIEF | SUPERVISE CATTLE IN SGHT BY NIGHT Maximum 105 Degrees Record- ed at Sanish Tuesday; I { “civil war.” It is “bloody Al to deprive s whole people of the nec- y 6=—sesssities of life,” he said. ‘The mayor of Houston, Tex., named & committee to seek a solution of the maritime strike which has taken three "liners at the Raimond Red Ore Miners mine, near Birmingham, Als., returned _ Little Precipitation \ Republic Steel corporat wrote The Associated Press) * Jast chapter in @ strike which called| pe Parnery seered stone the hun- out 8,000 workers and cost two lives.|dred-degree mark in ten North Da- kota communities Wednesday, sero airike, maine properties at Butte were Stidnenars seaiter S0f0cag | wal stoned. nn ge textile workers’ + Alabama. The walkout and conse-|,, Al! maximum temperatures were = quent shutdowns left sn estimated Was Appointed to Fill | { Christianson Vacancy Appointment of M. E. Tindall as su- federal emergency relief administra- A. Willson, FERA administrator for North Dakota. over the work organized and carried SHIPMENTS IN N. D. Replaces E. A. Willson, Who pervisor of cattle shipments for the tion was announced Wednesday by E. Tindall, formerly of Fargo, takes on by Willson until he was appointed sentenced by said court to imprison- ment in the penitentiary; and, by reason of the judgment and sentence passed in conformity with the verdict said respondent then and there ceased to possess the qualifications of gov- ernor required by law, and the exer- cise of the powers and performance of the duties of the office of governor at the time and by reason of said con- viction and judgment devolved upon the petitioner Ole H. Olson as Lieut- enant Governor of the State of North Dakota, ‘under the Constitution of this State.” “In accordance with said judgment and decision you are directed to dis- regard any and all orders to heretofore or hereafter given by any person, in the capacity of Comman- der in Chief, other than the lieu- tenant governor and to at once with- draw from active service all officers and enlisted men called into service on the orders of the defendant above named, “tn. view -of prevailing~ with which you are familiar, you are directed to call and maintain in ac- tive service under your orders such number of officers and enlisted men as you may consider appropriate to maintain order, protect the adminis- tration of government, and preserve the property of the state. “Dated at Bismarck, N. Dak., this 18th day of July, 1934. “OLE H. OLSON, “Lieut. Governor of the State of North Dakota.” as administrator last week. ‘Willson organized the county setup to handle the cattle buying program in North Dakota which gets author- polis spite the strike of 7,000 truck drivers. *, Picketing was casual but 216 national guardsmen were on hand in case trouble began. Ne Mediators sought to restore peace to) Kohler, Wis. once labeled the village” because of the relations H on its locals to demonstrate solidarity and support of Francisco strikers. -board, ing for a walkout. * Mediators Work in Mill City Meantime, in Mi lis a new federal drive to settle strike of union truck drivers began. Father Francis J. Hass, a member of the federal labor relations board fe il g rE Hf Leavi Washington x ‘ight the mediator is expected to arrive late Wednesday by airplane to assist E. H. Dunnigan, r de- rtment conciliator, and Flo B. Olson in their efforts to arbitrate the matter. “*. National guardsmen were in readi- ness in the downtown district to nop y disorders. triking union workers toured the downtown streets in cars, but with few trucks moving, there was little oceasion for Cg Gt g fy a see SEREETE REET ra i F i id ? £ = ii i . I ok EF to succeed Judge A. M. Christianson CORN-HOG CONTRACT ADJUSTMENTS MADE Changes Made Wholly on Asses- sor’s. Records; Sign-Up Meetings to Be Held Adjustments on the individual corn- penitentiary; and, by reason of the judgment and sentence passed in con- formity with the verdict said respond- ent then and there ceased to Possess the qualifications of governor required by law and the exercise of the powers and performance of the duties of the office of governor at the time and by reason of said con- viction and judgment devolved upon the petitioner Ole H. Olson as the Meutenant governor of the State of North Dakota under the constitution of this state; “And further adjudged that no fur- ther writ or legal process is required or necessary to carry out or execute the legal status of said parties in re- spect to said office and the powers and duties thereof, as hereby de- clared and adjudged. “It is further ordered, adjudged ard decreed that upon the entry of this judgment said respondent shall forthwith deliver over to the peti- r the office of governor and all ite documerits ahd records in his possession if any. It is further ordered that a certified copy of this judgment be served forthwith upon respondent or his counsel.” Mrs. Game, Sr., Heads Stutsman Settlers Jamestown, N. D., July 18—(P)— Mrs. George Game, Sr., who came to Dakota territory in 1882, was elected president of the Stutsman county early settler's association at their annual picnic at Klaus Park Tuesday and at- tended by about 500. Thomas Pemdray is the retiring president. Other officers are Mrs. Jennie M. Chennery, secretary; Mrs. H. W. Kelley, first vice president; Pierce Blewett, second vice president; J. A. Buchanan of Buchanan, third vice president. U. 8. Senator Gerald P. Nye spoke on “munitions and the way to end war.” “Take the profit out of war and then you will have finished what could not be done when millions of men were giving their lives to end war and make the world safe for democ- racy,” declared Senator Nye. ——_________—_¢ ‘Dale and Buttedahl | | Stage Hotel Joust > ‘Among the amusing incidents of Tuesday night's developments in Bismarck were a fist-fight be- tween State Treasurer Alfred 8. Dale and Oscar Buttedahl, editor of The Leader, Langer political Paper, and a wallop on the nose for Ed Wallace, Associated Press reporter. Dale and Buttedah! tangled in the lobby of the Patterson hotel following a discussion as to the Srl oF. Saleky of Hams appepe THO DISTURBANCES ARE MADE. EXCUSE FOR MILITIA GALL Demonstrations Monday and Tuesday Night Are Held Pretext for Action Two disturbances, which political opponents claim were inspired by Ex- Governor William Langer, were giv- en by Langer Tuesday night as his ra for calling out the state mill- The first occurred Monday at the capitol building where a group of re- lief workers manhandled John Wil- liams, secretary of the federal emer- gency relief administration, and then tossed a cuspidor through a plate glass window. Political opponents charged that Langer inspired the strike to serve as an excuse for the declaration of mar- tial law, just as was done a year ago when a strike at the capitol was made the pretext for holding Secretary of State Robert Byrne a prisoner in his office for half a day in an unsuccess- ful attempt to prevent the filing of petitions to refer several legislative enactments to the people. The second disturbance was that of Tuesday night in which a small group Paraded the of shouting “We want Langer.” When the latter group gathered be- fore the statehouse Tuesday night, | licited to defray the cost of his appeal from his federal court prisonment but has appealed to the federal circuit court of appeals. State Highway Commissioner Frank A. Vogel, one of the four associates convicted with Langer, spoke briefly, declaring “the fight has just begun.” ‘Purple Heart’ Award Given to Fred Urback f he could not go on with the con- test and Buttedahl, who had ob- urer, released his hold. Dale Moped Oe: Feannione ot the Wallace, a newcomer to the state’s newspaper ranks, was hit on the proboscis by Dell i g a E i i! é § 7 i [ é E t f i i ry = s. “he i I : ie pr 3 $ 9 iS At a meeting Tuesday evening of the Gilbert N. Nelson post No. 1,326, PART aa EE The Weather Pair tonight and Thureday; PRICE FIVE CENTS ght Nears Finish Indications Are Langer Has Lost Executive Chair Furious Battle Rages All Day as Olson, Acting on Supreme Court Decision, Gajns Ground; Final Outcome Rests With Adjutant General SARLES ORDERED TO DISREGARD MILITIA EDICT Belief That Guardsmen's Chief Will Accept New Order Is Based on Statement by Him That He Will Recognize Legal Governor of State Indications late Wednesday were that William Langer had lost his last-ditch fight to retain the office of governor despite action by the state supreme court late Tuesday in holding him disqualified to continue in office. Throughout part of Tuesday night and all day Wednes- day the battle raged between Langer and Ole H. Olson, acting governor by virtue of the supreme court’s decision, as to who should control the state militia. Upon the decision by Adju- tant General Earle R. Sarles as to whom he would recognize as governor apparently depended the outcome, with the pros- pect that Sarles would take orders from Olson. Influencing his decision is the fact that the supreme court, at 2:35 p. m., Wednesday, issued an order for judgment in the ouster case, along with a ruling that no further legal pro- cess is necessary to bar Langer from exercising legal author- ity. Olson Cites Court Decision to Sarles On the heels of this, Olson issued an order to Sarles, cit- ing the court’s decision and directing him to disregard orders from anyone but himself as the acting governor of the state. At the same time Olson vacated the martial law edict under which Langer called out the troops Tuesday night, ostensibly to prevent riot and bloodshed. Olson informed Sarles that he was acting on the basis of the supreme court’s order for judgment and ordered him to “withdraw from active service all officers and enlisted men called into service on the order of the defendant above named,” the said defendant being Langer. Advising Sarles as to the legal phases of the decision was E. T. Conmy, Fargo attorney and his personal lawyer who came here withthe adjutant ‘general Wednesday morning. Among Olson’s advisers at conferences Tuesday night were United States Senator Gerald P. Nye and Congressman James H. Sinclair. His legal adviser was H. G. Fuller, Fargo attorney, who was assisting in directing the fight. At the same time, however, Olson ordered Sarles to keep in service such units of the guard as he considered necessary to maintain order. Belief that Sarles woud accept Olson, sich an action, Jt was understood as governor was based on a etoemen| their decision would rest upon how made by him earlier in the day that/ much time the supreme court would he would “recognize the legal gover-| give them to prepare arguments be- nor, whomever he may be, as my oath|fore execution of the writ of quo of office prescribes.” Since the court's! warranto, ordered by the majority of order for judgment definitely stated) the five justices. Olson to be the legal governor, action} Former Supreme Court Justice by the adjutant general was taken| Bronson and Francis Murphy, asso- asa foregone conclusion. At the time}ciated counsel, were in conference the statement was issued, however,| Wednesday, over their probable action ia Langer’s behalf. Olson Statement Their probable action, should they decide upon it, would be to apply for Reassures Public From the hotel room which a writ of error, which if granted by the court could stay execution of Olson is making his executive headquarters, he made this state- ment: the writ of quo warranto, if it were so ordered. The court will announce its deci- sion later as to whether it will grant “Any statement of administra- tive policy at this time would be Premature. But I take this oppor- tunity to assure the citizens of the three requests made in behalf of Langer: 1, Application for leave to file an application for rehearing and with- state that they should not permit themselves to be in the least dis- turbed by the recent declaration of martial law and call of a few holding of judgment. 2. A ruling on the question of guardsmen to create the impression of civil disorder. whether the fifth and sixth amend- ments of the federal constitution are involved. roedeas to stay “The false impression should be at once removed that a decree of ouster must be carried out by 3. Issuance of a supe! judgment until final action by the By its request to stay judgment force or otherwise to place me in office or invest me with executive United States supreme court. Pending U. 8. supreme court action, “I demanded judgment declar- Langer’s attorneys revealed they planned to challenge the state court's ing that the powers and duties of governor were being illegally ex- ercised and that both powers and ree in the nation’s highest judi- duties had devolved on me. That ly. FERA Official En Route Here From St. Paul came word that T. judgment has been entered and the matter is at an end. J. Edmonds, regional representative of the federal emergency relief ad- ministration, hopped off by plane at 12:43 p. m. Wednesday for Bismarck “It makes no difference where I maintain my headquarters in the capitol city. I am now performing the duties of the executive office and it is now settled by law that 1 am duly invested w:th the powers of that office. “We have proceeded in a man- Edmonds had been in constant touch with the North Dakota situation by telephone with various Bismarck any extreme to which that pro- gram may be carried."