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

jhas stressed the importance of this|a private room in the hospital to more. | {Project in his public utterances as of q |vital importance to the welfare of! from his bed, Wachter said if he had FOR U,$, SENATOR | Bismarck Attorney Points Out| Advantages of Democrat's Election to Office | Washington, Sept. 5.—(4)—Nelson| A. Mason. an independent candidate | for the Republican nomination for; and the same rules that govern in the| United States Senator in North Da-| kota last June, Wednesday issued a} formal statement endorsing the can-/ didacy of Henry Holt, Grand Forks,/States Senator it is not difficult to! N. D., Democratic senatorial nominee. foresee the advantages our state would | Mason, a Bismarck, N. D.. attorney, /gain. It is not a matter of sentiment) formerly was secretary to U. 8. Sen- ator Lynn J. Frazier, Republican! nominee for re-election. Mason is; here conferring with federal officials | on the Missouri river diversion pro-| Ject. | “It gives me pleasure to endorse | the candidacy of Honorable Henry Holt for the office of United States Senator. With the needs of our state 50 great, it should be the best man/ for the office, regardless of party. Mr. Holt is eminently qualified for the position for which he has been nom- inated. He is able and active and of unimpeachable integrity. “Conservation of the flood waters of the state through the proposed Missouri river diversion project and other proposals occupy the attention of our people and are above person- alities and particanship. Mr. Holt _ ee | Weather Report | Voted stata | FORECASTS For Bismarck and vicinity: Fair tonight and Thursday; possibiy local frost tonight; ris- temperature ‘Thursday. For North Da- kota: Fair tonight and Thursday; cooler ¢ast to- night, possibly lo- cal frost tonight; rising temperature Thursday. For South Da. kota: Generally fair tonight and ‘Thursday; cooler tonight; rising temp. Thursday afternoon. For Montana: Generally fair to- night and Thursday; cooler northwest and extreme west-central tonight; warmer east of Divide Thursday. For Minnesota: Generally fair Wednesday night and Thursday; cool- er, possibly local frost; somewhat warmer Thursday in west portion. GENERAL CONDITIONS The barometric pressure is high from the northern Great Plains west- to. the north Pacific coast (Swift Current 30.28) while a pressure area extends from the up- per Great Lakes region southwest- ward to Texas and New Mexico (Amarillo 29.84), Light, scattered precipitation has occurred from the Great Lakes region westward to the northeastern Rocky Mountain slope, but elsewhere the weather is generally ~fajr. Somewhat cooler weather pre- over the northern Rocky Moun- region. North Dakota Corn and Wheat Re-| gion Summary i the week ending September 4, Dry and cool weather favorable for other outdoor work in all sections, but was un- favorable for maturing corn which is ion} crop to failure except few local- exceptionally poor with lisht hay crop. jonally poor ight hay crop. ‘Livestock mostly thin and heavy ship- ments continue. Little fall plowing |, soil too dry, heavy rain | Bismarck station barometer. inches: | 28.34. Reduced to sea level. 30.11. ri river stage at 7 a. m. -24 ft. 2 hour change, 0.0 ft. PRECIPITATION For Bismarck station: | ‘Total this month to date . MW Normal, this month to date 18 Total, January Ist to date . 6.12 Normal, January ist to date .. 13.21/ Accumulated deficiency to date 17.00/ NORTH DAKOTA POINTS BISMARCK, clear . Beach, cldy .... 5 | the orders. Drake, cldy Dunn Center, cldy . Grand Forks, cldy Hankinson, cldy . Jamestown. cldy . Lisbon, cldy Minot, cldy . Napoleon, cld; Oakes, peldy . Parshall, eldy . janish, cldy . Williston, peldy . Wishek, peldy : SOUTH DAKOTA POINTS High- Low- | est est Pct. Huron, rain .. . 54 Rapid City, cldy - 86 50 MINNESOTA POINTS High- Low- Minneapolis. cldy . Moorhead, cldy .. WEATHER IN OTHER STATES High- Low- Amarillo, Tex., clear .. Boise, Idaho, cldy 92 Calgary, Alta., clear Chicago, Tll., clear Denver, Colo.. clear . 833888888833828s8 Medicine Hat, A., clear Miles ie, tt, eldy . Modena, Utah., clear .. No. Platte, Neb., cldy .. cme City, O., clear 3S » Ore., cldy &t, Louis, Mo., clear ... 74 Salt make Os U.,. peldy 90 SSSSASSSESSE. Ssesz B8k8s8e5s SSALSFRgessegssssases 5338 33 SRRBRRSER' 3 07|Ply when Foster inquired if Martine- H tardily. £0! up, though he didn’t specify. “Not to North Dakota. If elected he will be in the strongest position, of prestige and power to further the interest of the proposed project, and is determin- ed to use all possible means to make diversion a reality. “President Roosevelt has expressed genuine interest in plans for the diver- |sion, control and utilization of the Missouri. Right now his engineers are going forward with definite plans designed to conserve our North Da- kota water resources.” “Let no one think great projects just happen. They are brought about; business of every day life should ap-/ ply in public affairs. In the election of Henry Holt to the office of United but sound common sense. CONTINUED fro:n page one’ Defense to Answer Charges Monday at Continued Hearing t2 Martineson, In which the commis- |soner listed several phascs of police had been absent much of the time for laxity and requested the police ehief Ite bend efforts to correct the situa-' that the police force had been handi- |tion. He said he wrote the letter to |save time, charging when he talked to Martineson that the latter continually changed the subject. Under cross-ex- amination, the commissioner said the latter procedure might have been suggested by the police chief. Exhibit No. 2 was an arrest slip originally made out by Patrolman Kavaney, charging one Lawrence Ashcraft with assaulting a young woman in the city. Testimony brought cut that this cnarge was reduced to one of disor- derly conduct before ths slip reached Magistrate Allen and that Ashcraft had been released upon payment of a small fine before the case was brought | to the magistrate’s attention. | Seek to Nullify Charges Throughout the cross-examination, counsel for the defense sought to es- jtablish that though Martineson, be-/ ceuse of his illness, had moved his j headquarters from the police sta- |tion to his room in the Grand Pacific | hotel, nevertheless he had been sub- ject to call by policemen there at practically all hours of cay and night, that he had given instructions to his men and had even assisted them in taids and arrests. Defense counsel also sought to es- tablish through — cross-examination that police laxity developed after the eppointment of men to the police force not approved by Martineson. The three officers who testitied said that ordinances had been enforced to the best of their ability in view of the fact that the foree was “one man short,” due to the incapacity or non- appearance of the police chief for the last three or more months. The first witness called was Police Commissioner Wachter after reading of the formal charges had been waived. Zuger halted proceedings for the moment to ask for a bill of particulars. He said the complaint was too gen- eral, Foster replied, “let the records show the request denied. It has been agreed between counsels in the event anything develops that the matter will) be continued until such a time as further testimony and witnesses may be produced if desired.” Wachter Begins Testimony Wachter began his testimony. “During the past three or more| months have you given orders to the chief of police?” | Wachter said he had. He said he had written a letter to Martineson containing orders and had also given him verbal instructions in regard to certain police matters. Wachter charged that the ineffic- jency in the police department had grown steadily worse since Martine- son left the hospital in March. His letter to Martineson was pro- duced. Wachter testified that he had given Martineson verbal orders similar to the written orders in the letter “at various times.” Did Not Act on Orders | “Not to my knowledge” was his re- son had done anything in response to Regarding specific conversations, Wachter cited an incident in which he took up with Martineson the matter of answering the police light. The light was not being answered prompt- ly, the delay being from a half-hour to an hour in most cases, Wachter sald. He said he had checked the chief thereafter on answering the light and found in a few instances he had answered promptly but in other cases The commissioner also said he had instructed the police chief to enforce traffic ordinances more strictly, par- ticularly speeding, violating stop signs, double and improper parking. He also testified he had instructed Martineson to close gambling joints my knowledge” was his reply when asked by Foster if Martineson had followed this order. The commissioner said he had made probably 15 visits ta the police station in recent weeks but had not seen Martineson there on any visit. Had Argument Over Pay Wachter testified that the city com- mission and Martineson had had an argument over pay and compensation for the chief's stay in the hospital shortly after Martineson was released. With objections by defense counsel over-ruled, Wachter said Martineson had been paid his full salary of $170 Per month during his stay in the hospital and that the commission felt that compensation received by the chief from the state workmen's com- Pensation bureau should be returned to the city in order that a “premium” would not be placed on illness. From that time on, Wachter said, Martineson adopted the attitude “that he was going to show us what was what in regard to running the police force.” Much of the testimony was admitted into the record over objections of Gefense counsel, President Lenhart over-ruling defense counsel. Cross-examined by McCurdy, Wach- ter said he had not seen Martineson in person in a long time. Asked if he did not think it was more appropriate for the arresting officer than tho’ chief to appear with Prisoners before the magistrate to customary for the chief to appear. since a full report on cases was made to him and often the arresting officer was off duty afd aslecp. answer charges, Wachter said it was! THE BISMARCK TRIBUNE. WEDNESDAY SEPTEMBER 65, 1984 efficiently run the police department |a special room he paid for it himself {because the commission wouldn't jallow such expenditures. | Injured in Line of Duty | Wachter said he believed the injury | which brought Martineson to the hos- | pital was received in the line of duty, |Suring a scuffle between the defend- ant and a prisoner. Wachter admitted that he had given orders similar to those given Martine- son to other members of the force, particularly in regard to traffic ordin- ance violation. Re-examined by Foster, Wachter j sald he had not given orders to Mar- |tineson to operate the police depart- |ment from his room at the Grand Pacific hotel, that he had been un- able to find the chief at the station for the last three months, despite the fact he found Martineson at the ‘police station most of the time during Wachter's first two years as police |commissioner, He said Martineson ‘had made no report to him on closing |up_ gambling places. Cross-examined again by McCurdy, Wachter said he had expected Mar- ; tineson to be careful of his health for a week or so after leaving the hospital but not for months. He admitted he |found Martineson at the station dur- ing March but that the police chief the last three months and charged capped because it was “one man short” due to Martineson’s non-appearance. Traffic Enforcement Slack | He said that during the last week | (While Martineson has been suspend- jed) no cars have been marked in en- |forcement of the limited time park- ing ordinance. | Wachter stated that he had op- posed reappointment of Martineson 28 police commissioner. When he be- icame police commissioner, he said, jhe appointed Wm. K. Ebeling. Ryder | Hamro and Vincent Kavaney as mem- | bers of the police force. | “Did you ask Martineson for any |suggestions in the appointments of | these men?” McCurdy asked. Wachter said he had net. “They probably didn’t meet with Martineson’s approval,” he stated. “Martineson had no authority to discharge any of these men?” No Authority to Discharge “I wouldn't say that,” Wachter re- torted, “he had authority to come to any of us, or the mayor, when any- body was not hitting the ball.” “But it would be fair to say Mar- tineson didn’t have authority to dis- charge them? He could only recom- mend or suggest? He can’t discharge them or hold up their salaries?” Wachter acquiesced. and badge from the police chief. said Martineson had counselled with him occasionally on how best to per- form his duties, Briefly cross-examined he said he was unable to identify handwriting on Exhibit No. 2 which was not his. He said he understood that when he was withdrawn from duty near the lumber yard he was replaced by a Northern Pacific detective, but that he didn't see the latter. Patrolman Ebeling, second patrol- man called, testified that Martineson had not been around the office “very much” during the last three months, Probably three to four hours a day, chief he called the hotel. Zuger, on cross-examination, asked the patrolman if he couldn’t find Martineson without any difficulty when he wanted him. Ebeling replied, “no, sometimes I couldn't. We were supposed to find him at the G. P. Hotel but he wasn’t always there,” " Patrolman Hamro, fifth and final witness testified he had been on the Police force for three years, He said that Kavaney was with- drawn from duty at the lumber yard because he (Hamro) was under the impression that a box car was to be robbed, and that he had given such information to Martineson. When he learned that the yard itself was to be entered, Hamro said, he informed Martineson of such and the latter in- structed him to return to the yard and ask the N. P. detective to watch the yard as well as the lumber yard. Hamro testified that he was unable to find the railroad officer on his re- turn trip, however. Hamro said he had experienced little trouble in lo- cating Martineson at the G. P. Hotel between 3 p. m. and 3 a. m., his hours of duty. Under cross-examination, he testi- fied that Martineson, though “laid up” considerably, had given personal assistance in many cases. He added that Martineson’s absence from the station made the force “one man short” cften. Here Foster announced that “the city rests” consideration, a recess until next Monday was decided upon. i} CONTINUED) Grand Pacific from wage one: Uncle Sam’s Relief Chiseled From Start 1 Allotments to counties are made| on the basis of need as indicated by requests from county committees and “You said conditions were better after you wrote this letter.” “For a while and then I said they went from bad to worse.” “And you said during the last several months you haven't been able to find Martineson, Did you ever try to find him?” “They tell me his office is in the Grand Pacific hotel. I tried to call him there.” McCurdy next took up accusation that Martineson had allowed gamb- ling to continue in the city after Wachter’s instructions to close up Wachter to name gambling joints which he had instructed the chief of police to raid. Wachter reluctant- ly named one. Asked if the chief of police had regular hours, Wachter said they were from 10 a. m. “and a good share of the day.” He said Martineson had been informed of the period in which he was supposed to be on duty “a number of times.” Allen Takes Stand certain places. He attempted to get | Ye independent surveys by the relief ad- ministration. Some counties, again adopting the grab-bag thepry, have consistently asked for more than ap- Helin and that when he wanted to find the| and after considerable | — radio broadcast, of the CWA work last fall and his declaration that everyone was going to have a job. In making this announcement he “jump- ed the gun” on relief officials and his invitation for everyone to write him further emphasized his positicn as the big gun in the relief picture. Did Muster Votes that the governor had nothing what- ever to do with the CWA or relief administration was made clear to all relief workers, but this information never was widely disseminated, par- ticularly in the rural districts. The record indicates that the mere making of an unjustified claim swayed thou- sands of votes. The second class of “chiseling” that by applicants for relief, has consisted of attempts to deceive the relief ad- ministration as to the cundition of the applicant. Some of these were delib- erate. Others were due to a misunder- standing as to the nature of the en- terprise. In Emmons county, for example, there lived a farmer who applied for help and who said he had to have it right away.’ Relief folks say he actu. ally shed tears as he told of the plight of his family and livestock. Relief ‘was granted without waiting for the usual investigaion. A subsequent check-up showed the man had plenty of feed for livestock on his farm, His} femily was not in want. He money in the bank and over 2,000; bushels of grain in the elevator. His case was referred to the federal dis- trict attorney's office. i In a southeastern county a man) applied for relief and the usual ques-| tions were asked. The investigator was surprised to learn that the man had $700 in cash. The man was sur- prised to learn that people with other resources were not considered eligible. for relief. He had been informed that the federal government was helping everyone and that he could get scmething, too. Had Money In Bank In another county, 8 man answered | al. of the questions to the satisfaction Subsequently, of course, the fact} had | sins of the guilty. of the relief agency and was granted help. Later the “grapevine” brought in the report that he had money in the postal savings bank. An investi- gation of this point was impossible because the FERA had no access to | other ways to the satisfaction of the {relief office and relief was with- ; drawn, This man had answered all questions truthfully, He handn’t been asked about postal savings. In still another county a farmer applied for feed relief, He asserted that his land was not mortgaged; he had a large herd of unmortgaged cat- tle and other unmortgaged livestock, | together with some grain and hay on ‘hand. After setting these things dcwn, he swore that he could get feed in no other way than through the government. He was incensed when his application was rejected, contending that his neighbors had re- ceived help and he was entitled to it postoffice data under the federal law. | But the report was substantiated in; as much as they. The effect of such hapzonings is to add still further to the inequalities which have been a major source of ccmplaint against the relief adminis- tration. Relief workers are only hu- man and when they learn they have been gypped in one case their natural tendency is to “crack down” on subse- quent applicants. Thus the innocent sometimes are made to pay for the rules nt refusing re- | lief to anyone who is entitled to it, even if it is clearly shown that the applicant has “chiseled” in the past or has been caught in such an effort. The result is there is no effective way of discouraging such attempts. The! whole thing depends on the honesty of the people. What per cent of people attempt to “gyp” the relief system? Relief officials look vague when you | ask this question because they have | kept no statistics, but common answer is “not more than five per cent.” A pretty good record in view of the Pressure under which some of the families on relief have lived in recent | months. do the “right thing” but that the gov- ernment was “too stingy.” There are a number of counties where this situ- ation has prevailed and, as a result, ar. Local folks, frequently public offi- cers, wanted to be “good fellows” with Ha FS: rit Police Magistrate Edward 8. Allen was the second witness called. His | Office connects those of the police de- partment in the city hall. In the last few months, he testified, Martineson had not spent more than 10 to 14 hours a week in the office. City Attorney Foster produced Ex- hibit No. 2, an arrest slip, which Allen identified. In reply to further ques- tions, he said the person mentioned on the slip, one Lawrence Ashcraft, had never been brought before him on the charge stated on the slip. Cameron moved to strike out testi- ;™mony in regard to the arrest ticket because “we don't know what they are talking about. They say ‘this’ and ‘that’ and we don't know what it is.” Lenhart overruled. The arrest ticket was offered into evidence. Cameron took up the cross-exam- ination. “In general,” he inquired, “you are not greatly handicapped by the chief of police not being in the office in the morning?” Allen replied in the negative. “It has,” he stated, “because the other Patrolmen do not want to dispose of the case until the chief comes in. It has hampered me because we couldn't dispose of the prisoners. Some times they had to stay in jail a day.” He said he had advised Martineson to go to bed nights on account of his illness and so that he could be at the office in the mornings. Patrolman Kavaney was calfed to take the stand. He said he had been srpolnted to the police force April 7, Shown Exhibit 2 (arrest slip for Ashcraft), he testified that he had written part of the description on the slip, but said the charge was not in his writing, nor any of the writing thereafter. Asked to tell of arresting Ashcraft, he said he had been approached by Jack Harris and Defense Counsel Cameron's son and told that they had seen a man forcibly drag a woman from the street near the ternational Harvester Co. across street, railroad tracks and toward Bismarck baseball park, He said the two boys drove him the baseball park, where he heard girl screaming on the right-of-way near the park. Interrupting Ashcraft, he said, the latter charged him but Kavaney succeeded in pinning him down and chaining him. After Ash- craft was put in jail, he said, the girl was Russ to the hospital for treat- ment. Ashcraft Released Next Day Kavaney sald he was never called to testify against Ashcraft and said he believed the defendant was not in jail the following day. He testified also that he was sta- tioned by Ebeling near the Bismarck Lumber Co. one night when lumber thieves were expected to show up but that he was withdrawn from such duty by Hamro, who was acting under orders of Martineson. Kavaney testified he had seen Mar- jtineson occasionally during night hours at the police station and said jthat Martineson had supplied him with gun and belt though he encoun Asked if tineson didn't pay for tered difficulty in getting his uniform it seas 4 ‘The state political situation, as it effects the FERA, is entirely differ- ent. Political uses of the FERA here system originally set up by the FERA. This was done by the county com- mittees and political preference often . Jobs were distributed, basis. i : Hf 5 z 3 e nis tN aoa et aan OEL 316 East Main ' CROSSE Beer @ Sparkling, sunny PEERLESS La Crosse Beer means better fellowship because it is better beer. Brewed with Old Country care from the best barley right in the Heart of the Barley Kingdom. 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