The Bismarck Tribune Newspaper, July 19, 1934, Page 1

ESTABLISHED 1873 ONLY 48 SENATORS RESPOND 70 CALL OF EX-GOVERNOR B6 Representatives Absent; 57 Present in Defiance of Acting Executive SENATE WILL MEET FRIDAY Faction Leaders to Make Effort to Bring All Members to Bismarck ‘The effort to convene North Da- kota’s general assembly, despite the proclamation of Acting Governor Ole H. Olson revoking the call for the session, apparently proved abortive ‘Thursday. After a brief session of the house in the senate was less than a quorum. ‘This ‘fact was @ severe shock to the Langer adherents who had expected to muster much more than @ major- ity in both the house and senate. _ Olson, in the executive , no attention to the 4 he will refuse to recognize Meet of Own Initiative A resolution, adopted by the 53 to 8, held that the assem! convened on its own initiative as pursuant to Langer’s special call and declared co! emergency exists through this concerning the rights, the powers duties of the governor of this state, Heutenant governor, and other state end judicial officers, which is occa- sioning uncertainty, alarm and may Jead to conflict between the citizens Oldest Newspaper * * & ** # * * Olson Sits Is This Legislative Session Legal? DECISION GIVES Nebraska Court Said ‘No’ in °72 THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, THURSDAY, JULY 19, 1934 ee & LIGHT * *** @ “Ig this special session legal?” ‘This was tlie question asked most frequently in Bismarck Thursday as some members of the general assem- bly gathered for a meeting called by William Langer and revoked by Act- ing Governor O. H. Olson. ‘The answer seems to be “It is not.” Lawyers have been the books on the question and have found numerous similar cases, although in none of them was the details the same. One of the most frequently cited is that of the People vs. Parker, decided a the Nebraska supreme court in (872. ‘The situation there was that the gov- ernor had been impeached and the secretary of state was acting as gover- nor. Next in line of succession was the president of the state senate. The acting governor left the state and the president of the senate called in which there is, in one sense, no interregnum. =. “In this case it is shown that the ti ordinary ing it necessary for the legislature to’ assemble in extra session, and there- fore he revoked the same. “I am clearly of the opinion that the legislature is not now in legal session, and has no authority to compel the attendance of absent members; that all and every act done at this time, as body, shadow of authority and absolutely void, and that, therefore, the relator should be released from custody. “This conclusion being also concur- red in by my brother Crounse, it is so ordered.” Mason, Ch. J., delivered a dissent- ing opinion. TRUCE IS BELIEVED LANGER FACTION IN NEAR IN MILL Gry | CONTROL OF STATE TRUCKMEN TROUBLE San Francisco Returning to Normalcy After Traffic Is Restored SEATTLE RIOTS INJURE 28 Violence Flares Up in Portland; Senator Menaced by Fly- ing Bullets (By The Associated Press) The grip of San Francisco's general strike weakened Thursday, but vio- lence increased tension elsewhere on the Pacific coast. Gunfire on the Portland waterfront menaced Senator Robert F. Wagner of New York as he was making an inspection tour Wednesday. Wit-| nesses said the shots, which struck|ti close to the senator’s automobile, were fired by special watertront guards. ‘Wagner is on the coast to aid in con- ciliation efforts. Rioting at Seattle injured 28 per- them policemen. Members of the general strike com- mittee indicated the group might have an announcement Thursday. . Strike news elsewhere gver the country: . - Huntsville, Ala. — Twenty - four northern Alabama textile mills closed by strike of from 12,500 to 20,000 workers, Akron, O.—Strike of 1,100 workers of General Tire and Rubber company settled. Company and workers reach agreement on employes’ demand for wage adjustments. Minneapolis — Quiet reported in strike of 7,000 truck drivers. Nego- tlations for settlement proceeding. Kohler, Wis.—Water shortage 1s threatened by strike at Kohler com- pany, fuel for pumps being shut off. ‘Frisco Strike Crumbling San Francisco, July 19.—()—Wheels of business in San Francisco's metro- politan area moved again Thursday’ under relaxing brakes of a general Under pressure from federal, state and city governments, the walkout gave indications of collapsing rapidly. ‘The strike “strategy” committee of Alameda county, in which 500,000 of the area’s 1,300,000 residents reside, Grip of Strikes Is Weak | Militia awe State wae | | CENTRAL COMMITTEE County Precinct Conventions Name Large Number of Ex-Governor’s Backers TO NAME NEW CANDIDATE Few Contests Develop at Dem- ocratic Meetings in Ma- jority of Counties (By The Associated Press) The faction supporting William Langer Wednesday gained control of the state central committee for the Republican party in North Dakota when it named an overwhelming number to the statewide board at county precinct committee conven- ions, The result was not unexpected in view of the landslide vote returned the governor and his slate at the June primaries at which control was ob- tained in a majority of precincts of the state. The significance of control of the central committee lies ix that a can- didate favorable to Latger’s policies will be selected to run in the fall bal- let. Langer, nominated in the June primary, is ineligible as a candidate because of his conviction and subse- quent loss of citizenship for defraud- ing the federal government. Few Contests ‘Democrats Democratic meetings were also held but there was no contest in the ma- jority of counties. In only a few counties, notably Walsh and Ransom, was Langer de- nied central committeemen. In Cass two of the three committeemen are anti-Langerites and the third pro- Langer. In Ward county na rosclutien re adopted praising nger for “1 valor” and pledging support to his faction at the November election. Minot Nonpartisans o! the Langer wing retained control in Ward county, re-electing Steve Ter Horst, present head of the state regulatory depart- ment, and A. O. Spoklie of Minot as state committeemen. Democrats elected G. 8. Wooledge of Minot and John Hennessy of Berthold committeemen. Both are re- general] garded as regulars. Nonpartisans Control Dickey Ellendale—Nonpartisans had con- trol of the Dickey county meeting and named Richard Lucke as state com- mitteeman. H. E. Jury is the county I His Home Guarded PRICE FIVE CENTS Firmly in Saddle: Langer Lawmakers Hit Snag Ole H. Olson, acting governor since the supreme court ruled William Langer ineligible to hold office Tuesday night, ening Acting Governor Takes Control of Executive Office Decision of Adjutant General Late Wednesday Following Final Judgment of Supreme Court Puts Langer Definitely Out of Job MUDDLED SITUATION OF STATE NOW CLARIFIED Federal Government Also Recognizes New Executive: Roads Funds Being Held Up Until New Highway Com- missioner Is Named to Replace Vogel Threats to tar and feather £. a.! Was firmly in the saddle Thursday. Willson, state administrator of fed- eral emergency relief Wednesday led to the precaution of placing a guard of federal troops around his home. The threats, according to local author-| ities, were made following Willson’s action putting Bismarck needy on re- ilef “in kind” instead of cash relief) after a demonstration by workers at the state capitol. TO DEPORT ALIEN STRIKE AGITATOR Is Held Over Heads of Ship-Owners Washington, with strikes. Heartened by President Roosevelt’ plea for “reasonable solution” acco! ing to the dictates of “common sense’ officials were working hard, but walk- ing warily and not saying much. Responding to a request from Act- ing Governor Merriam that aliens, engaging in strike disorders be de- Ported, Secretary of Labor Perkins replied that federal officials at San Francisco were instructed to “act with Promptness” wherever the immigra-| tion law was violated. She outlined. the provisions of the law. Earlier she had been asked whether, the government, in its attempt to bring arbitration, might have talked) U. §. TAKES STEPS July 19.—()—Rising| hope spurred the federal government Thursday in its efforts to settle the quarrels that have torn California) chair. He immediately posted his ture, called by William Langer, two assemblies were locked. 10 a.m. Adj ju stand behind Olson, was in his Olson. would attempt to assemble in capitol was problematical. commissioner aligned with the Two of Langer's stenographers were tt work when Olson took possession of the office. One was busily engaged in work left by Langer, who had been in seclusion from the time the state supreme court ousted him on the ground that his conviction of a felony bars him from serving in office. The stenographer continued at her work after Olson took possession of the office. The governor's quarters appeared deserted; the usual large crowd that milled through the reception room during Langer’s incumbency had de- WRECK OF CABINET Premier Doumergue Makes Lightning Move With Warn- ing to Truant Members annou! vote would be taken at Oakland tonight on a proposal to end the walkout. Resumption of eastbay (Alameda county) transportation service con- AVERTED IN FRANCE] si ith | while Democrats elected W. 8. Hooper signals, The Pacific coast maritime strike, key issue of the mass walkout in San Francisco chairman; Probate Judge J. M. Aus- tin, secretary, and F. L. Bowerman, treasurer. Langer-‘action league can- Gidates were given a vote of support es was the legislative tickets aligned with that group, John Nelson and G. Wendland. Fargo—Independents had control of the Cass county Republican setup thelr county chairman as a group re- volted against the “reguler faction.” The icans re-eiected J. A. Jardine, chairman, and F. O. Olsen, secretary, who will serve as ex-officio Four Langer Sinner, William Krueger Long, giving that faction majorities in the over the advisability of reminding ship-owners about the assistance the) United States gives in the form of hedged nancial phases have been discussed in my presence.” $4,000,000 SPENT ON N. D. HIGHWAYS State Department Let Con- tracts for 1,592.8 Miles During Last Year More than $4,000,000 has been spent graphers. Langer’s Files Gone Langer’s personal files had been removed. Desks had been cleared of all papers. Guardsmen were centered in the corridors, and some outside the build- ing. Four other stenographers in ante- rooms were called in by the acting governor. Three were sent back to the beer commissioner's office from which they had been taken by Lan- ger to assist his staff. Three stenographers on Langer’s staff were retained by Olson, at least for the time being. He good natured- ly met each of them—Miss Marcella Schlasinger, Miss Jessie Phillips, and Miss Marguerite Fredricks. Six telegrams, addressed to Langer, came into the office shortly after Ol- son entered. One of the telegrams came from R. serted except for one of the steno- Olson, accompanied by Senator Lars Frederickson of Nel- son county and E. M. Lee, a friend from Fargo, drove to the capitol Thursday morning and took possession of the governor’s office. There was no opposition. Seating himself at the gov- ernor’s desk, Olson commented that it seemed to be a very good proclamation in the corridors of the statehouse revoking a special session of the state legisla- ousted governor. Doors of the National Guardsmen were posted in the corridors but were not before the executive offices at the time Olson appeared at Stenographer Taken by Surprise A stenographer on Langer’s staff opened the door, and then closed it. Olson knocked again. This time he entered. tant General Earle Sarles, who announced he would offices downstairs. Legislators were in the city prepared to convene pursuant Threat to Take Away Subsidies to the call issued by Langer, and subsequently revoked by With a majority of the legislators favorable to Langer, it was uncertain what steps they would take. Whether they quarters other than the state John Husby, commissioner of agriculture and one of the officials who revolted from Langer’s leadership, was in the gov- ernor’s office when Olson entered. S. A. Olsness, insurance Olson group, came later. state. Previously Langer had declared |martial law, calling on the troops to lenforce it, but Olson took the militia out from under Langer's control and left the former executive sitting high ard dry with no way of enforcing the evident Wednesday afternoon when Langer disappeared from the state- jhouse, but Sales made no formal an- nouncement as to whom he regarded as boss until early Wednesday eve- ning. Sarles Makes Decision Sarles’ decision was made after an order for judgment in the Langer ouster case was issued by the supreme court in mid-afternoon. At the same time the court designated Olson as the legally acting governor and said no further legal action was necessary to complete the ouster proceedings. Olson immediately served a copy of this notice on Saries, at the same time directing him to take orders from no one else. Troops remained on duty at the capitol under Olson's orders to Prevent any possible rioting or dis- turbance. For a time in mid-afternoon the troopers were apparently without any head other than Sarles, himself. Early Wednesday afternoon Sarles an- nounced that he would obey the legal governor, “whoever he might be,” but. expressed no opinion as to who the legal governor was. The supreme court's action clarified this situation. on construction of highways within the state during the past fiscal year, a report of the state highway de- bile in which United States Senator] F. Wagner of New York, sent E 8 E f i d BE i peiek i 4 : | fF il gS Hi $4 i 3 § § E H : a i SEs fl | : E Hi i E ; i i i : [ E ze ei : i iE i i i 5 g F jeri il thea du E H ! 5 é i l i = ia ie i = Hl i i F Fy ES i zEge aH il He i : E & i : i d i : : g aPe 8 i i ‘Big-Time’ Newsme Arrive in Bismarck ‘The attention which is’ being given North Dakote’s turbulent situation in the rest of Bs Fs g fill il: i zi Johnson, Casselton, and Dennis Ford, ‘Wheatland, the latter a Langer sup- | | : i i i i F : i é l i i EE E i 7 F partment shows. During the year ending June 30, nt let contracts for saeag |he had taken ie H Halt bee H BET Olson went into an informal con- ference with political friends who be- gan to gather as word went out that of the office. Before he entered, Assistant Ad- the office devolve on aig coat jetire 8s L. L. Twichall, heed of the indepen Lid pera ree EE ee & 888 wigs win I i if E i