The Bismarck Tribune Newspaper, September 11, 1934, Page 1

The Weather ESTABLISHED 1873 New Deal Endorsed b Police Chief Guilty; Definitely Removed BISMARCK, NORTH DAKOTA, TUESDAY, SEPTEMBER 11, 1934 COMMISSION GIVES || ee | SINGLE WITNESS 1 QUSTER DECISION TUESDAY ARTERNOON Findings of Fact, Conclusion of Law for Judgment Ren- dered by Foster ‘NEGLECT’ HEADS CHARGES insubordination, Malfeasance And Misfeasance in Of- fice Also Listed Finding Police Chief C. J. Martineson guilty of neglect of duty, insubordination and both malfeasance and misfeasance in office, the Bismarck city commission late Tuesday def- initely removed him as chief of Police, effective at once. He had been suspended from duty on August 28 pending for- mal hearing of charges filed against him by the commis-| | sion. The findings of. fact, conclu- sion of law and order for judg- ment, a five-page typewritten document, was drawn Monday by City Attorney C. L. Foster and approved by the commis- sion ae sin the day. Findings ‘The findings of fact were: 1, That Martineson had failed, neglected and refused to attend to his official -duties, spending not more than 10 hours a week at ths police station or in duty upon the street. 2. That he had “failed, refused and Wachter and has acted and con- tinues to act in a manner contrary to the best interests of the pecple of Bismarck and of its police force by reason of such insubordination. 3. That he was guilty of malfeas- ance in office by reason ot chang- ing the charge on an arrest slip made out by Policeman Kavaney in the ar- rest of Lawrence Ashcraft, to a lesser charge than that listed by the patrol- man. It is further found that Mar- tineson failed and neglected to in- form the police judge of the change in the drrest.slip made by him. It further asserts that Ashcraft never was brought before the magistrate nor rearrested and since his release by Martineson has been at liberty. The findings go into this case at length. Didn't Carry Out Orders 4. That Martineson was guilty of misfeasance in office in that he “call- ed various members of the police force from their work in line of duty to act as chauffeur for him in tak- ing him to various parts of the city on private business not connected with the enforcement of law or the Police department.” 5. That he had “wholly failed, neg- lected and refused” to carry out ord- ers given him by the commission with respect to the regulation of traffic and that such failure to obey orders “has permitted the traffic to become in a chaotic condition and thus caus- ing danger to people and property in the city of Bismarck.” 6. That there was.a failure to prove charges four and six in the specifica- tions filed against Martineson re- physical inability to perform the duties of chief. In view of this fact the commission held that his failure to perform the duties “con- stitutes both misfeasance and mal- feasance in office as chief of police of the city of ig ‘The commission's “conclusion of law” was that Martineson had been guilty of misfeasance, malfeasance -and neglect of official duty. The order for judgment asserted that “C. J. Martineson be, and he is hereby, removed from office as chief of police of the city of Bismarck from and after the date of this order and|ing &cfjudgment were adopted by the com- mission at @ meeting in the city hall Bus Lines Hearings Slated at | Dickinson It would be a hard-hearted patient indeed who -wouldn’t pay a bill to such a pretty doc- tor. But Berthella Jarvis, of Los Angeles, 24, and blond, above, isn’t worrying-over that —yet. licens fledged M. D. under strict Ca! fornia laws, one of the youngest ND. OVER $000, "3 REPORT SHOWS Loss to State Since 1919 $165,- 649; Claims Totalled Near Half Million Embezzlers and defaulters in posi- tions of public’ trust cost the state of ots Dakota more than $60,000 in ‘This was revealed Tuesday in the biennial senor of 8. A. Olsness, com- HEARD FOR DEFENSE IN OUSTER ACTION Girl in Alleged Assault Case Says Martineson Asked Her to Prosecute TRIED TO SHUN: PUBLICITY Evidence Against Police Head Reviewed by Witnesses at Monday Hearing Only one witness was presented by the defense in the case involving the removal of C. J. Martineson as police chief when the accused official was given his inning Monday afternoon in hearing before the city commis- , {sion, Members of the commission sat in Burleigh county courthouse where the hearing was held, but they also acted as judges and ruled on the admis- sibility of evidence. It had been announced that Mon- pledgs be entered in the election, thus bring- ing the issue to the voters of Bis- cent Kavaney on charges of assault and battery and attempt to rape a Bismarck girl, and Officer Kavaney’s of embezzling of funds by public of- |“! ficials were filed, but adjustment and settlement brought the final payment figure down to $60,640.43. Fifteen claims were filed; seven were paid by the fund. ‘ Since the fund began in 1919, there has been a total loss to the state, by embezzlement or default, of $165,649.96, although claims tot $445,937.40. have been filed. Claims asking a total of $301,116.24, because of negligence and error on the claims have been made. Eight claimed payment of $44,267.- 18, because of bank failures in 1933, but of the group, only two were paid —a total of $1,018.68. Bank failure claims, since 1919, have reached the total of $820,224.01, while those of this spect to deposit of public funds, Dur- the years which followed hazard was a threat to the fund. work in premiums, theless, it appears that within the next few years, the fund may have |? a large enough interest income to pay |* losses and expenses without charging 224 lfurther premiums.” School Registration In Mandan ' Totals 840 bond. Answering a hypothetical question, id he would not have accept- as bail had he known that was charged with rape, & the state law, as well Slayers Returned to Fergus Falls | SENATE COMMITTEE STUDIES SALES OF MILITARY AIRSHIPS Evidence Shows Two Bolivian Officials Served Curtiss Wright Company ee. PALMER SWENSON (LEFT) AND ROBERT PALMQUIST Fergus Falls, Minn., Sept. 11.—(P)— Robert Palmquist and Palmer Swen- son, confessed layers of Dr. John Schacht, Fergus Falls dentist, were brought from St. Paul to the Otter ‘Tail county jail Monday night ' by’ Sheriff J. C. Henkes, Courty Attorney B Townley and Arthur Erickson of the state crime bureau. They are being kept in solitary cenfinement. Efforts thus far to con. nect the prisoners with two unsolved Otter Tail county murders have failed. EMPLOYERS, HEADED BY SLOAN, DISCUSS STRIKE END TERMS More Troops Called: Out to: Pre= vent Violence as Some Mills Reopen BULLETIN Washington, Sept. 11—(7)—A dele- gation of leading manufacturers in the cotton textile industry left the .|president’s mediation’ board Tuesday afternoon, asserting that no definite Progress had been made toward settle- ment of the textile strike. Washington, Sept. 11—()—Addi- tional troops were called out Tuesday in textile centers to prevent violenc? as the presidential mediation board sat.down to discuss the textile strike with manufacturers. National Guardsmen were ordered on duty in Maine, Connecticut and Rhode Island, while troops continued to patrol mill centers in North and South Carolina, where some mills re- opened Monday. Although the mediation board as- serted it believed the dispute was “not incapable of solution” and that a “settlement can be reached which will be fair to workers, employers and in the public interest,” the difficulty in reaching a solution was indicated in the diverse’ views on how a pro- posal for arbitration should be car- Tied out. Factions Clash on Methods A. Sloan, president of the Cotton Textile institute, insisted such tions must be between owners | Of and workers of individual mills. Francis J. Gorman, national strike leader, said settlement must be made with the “textile industries as such.” “That means,” he said, “there must be settlement with the entire cotton textile industry, with the entire wool and worsted industry, with the entire silk industry and so on. There will be no settlement mill by mill in any The | o¢ the divisions of the industry.” Labor's offer to let the mediation beard headed by Governor John G. Winant of New Hampshire arbitrate the dispute was continued until 6 p. m., Eastern Standard Time, Tuesday— until after the meeting with the man- ufacturers. Under the proposal, which was said and all mills would be closed during the negotiations. Mere Violence Breaks Out Meanwhile, violence flared anew in several textile centers. Lancaster, Pa., was the scene of a riot. More than 1,000 pickets and strike sympathizers stormed a mill, injured a half dozen workers and Gastonia, Concord, Salisbury and Mooresville, who arrived in a 100-car motoreade. ‘ Two Providence, R. I., armories quartered a “skeleton regiment” of 180 national guardsmen. In Hart- ford, Conn. two companies were ready to move to Willimantic, where . « (Continued on Page Two) PROBERS SEEK CLUE TOSUPPORT THEORY SOMEONE SET BLAZE ‘Survivor “Déclares No” Alarm Given, Crew Awaited Or- ders From Bridge New York, Sept, 11—(?)—A survivor of the Morro Castle disaster today testified before a federal board of in- quiry that “at no time” was there an alarm when the liner caught fire off ey Jersey coast last Saturday morn- The witness, Gouveneur Morris Phelps, of New York, first of the Mor- ro Castle's to be called to the stand, also testified no attempts were made to place the panic-strick- en passengers in life-boats. The witness continued by describ- ing the ascent of himself, wife and son to the deck where passengers were milling about, crying and screaming. A woman asked an officer when the life boats would be lowered, Phelps declared, and the officer replied: a we get orders from the bridge.” Phelps testified that he, Mrs. Phelps and their son leaped into the sea and were subsequently rescued. Crew Make Getaway Eben 8. Abbott, chief engineer of the liner Morro Cathle, told the board of inquiry that within half an hour after an alarm awakened him the of the fire he took off the No. 1 lifeboat with 32 persons, two them “What I want to know,” demanded Dickerson N. Hoover, chief of the de- partment of commerce inquiry, “why No. 1 boat did not take off more pas- sengers.” “When I left A deck, there were no passengers on deck,” Abbott replied. “Anyone down below must have burned up. We saw no passengers. There were none in sight.” Abbott said he took the boat on or- ders of the captain, and he believed his boat was the third to get away from the burning liner. While Abbott was testifying at the department of commerce inquiry, three bridge officers and a wiper ap- peared at the federal building in an- swer to grand jury subpoenas in U. ‘8. Attorney Martin Conboy’s investi- gation of the disaster. They were Chief Officer William F. Warms, Acting First Officer Clarence C. Hackney, Acting Second Officer Ivan Freeman, and Ellis Beaumont, a wiper. They were accompanied by @ group of attorneys. Queried Behind Closed Doors They were questioned behind closed All four men, it was learned later, refused, on advice of counsel, to an- swer questions before being taken to DU PONTS ANSWER CHARGE Powder Makers Assert They Have More to Gain From Peace Than.Conflict Washington, Sept. 11—(#)—Evi- dence presented to the senate muni- tions committee Tuesday described two officials of Bolivia as having been. linked up with the Curtiss Wright Export company at a time when that era ‘was selling airplanes to Bol- vi ‘The committee was told Cueto Pozo acted as an agent for the corporation at the same time he ‘was employed by the Bolivian foreign office and that Comptroller General Lopez was “a silent partner of Curtiss-Wright agents in 1933 during the negotiations for airplane sales.” C. W. Webster, then president of the export corporation, said Lopez was a silent partner in Webster and Ashton, the company’s agents in Bolivia. ‘Webster said this company became agents for Curtiss at the recommenda- tion of the American minister, Feely, who was represented in correspond- ence as expressing the opinion that “taking them on was the best busi- ness that we have done here.” Lopez was described as the “right arm of the president,” and more powerful even than the president in “all . Seeks Governent Control Chairman Nye, seeking ways of taking the “profit motive”. out. of deals in death-inflicting weapons, said the testimony thus far shows that munitions manufacture is a “racket that you can’t control except by government monopoly.” The committee received a state- ment from E. I. du Pont de Nemours and company, America’s largest manufacturers of powder and muni- tions, asserting they were not en- gaged in fomenting war through their sales. “The du Pont company does not want war and has vastly more to gain from peace,” said the statement is- sued through its president, Lammot du Pont, who has been summoned to appear this week. Diseussing the hearings so far, Nye said to newspapermen: “Embargoes don’t embargo.” He referred among other instances to the recent presidential proclama- tion barring sales of arms in this country intended for Bolivia and Pataguay in their Chaco warfare. Nye agreed with some witnesses that international embargo agree- ments among all leading nations were necessary to stop conflict, but said these were difficult to enforce and also that they do not go far enough. TAX REDUCTION FOR STATE 1§ FORECAST Board of Equalization Prepares to Consider Setting New 1935 Levy A reduction of the state general tax, Ppossbily as low as-six mills, was fore- cast Tuesday as the state board of equalization prepared to consider set- ting the new levy for 1935. The 1933-34 general tax totaled 6.79 mills. The board has been awaiting final figures to be submitted by the state industrial commission on recommen- dations of the state treasurer and manager of the Bank of North Da- kota, regarding levies for the real es- tate bond interest fund. Assessed valuations of property in the state, including taxable utilities not included in the 12 per cent utili- ties tax law, have been set. Prime among the valuations set was that for the railroads operating with- in the state. Assessed valuation of the railroads was cut $34,336,586, which had been opposed by Alfred 8. Dale, state treasurer, who voted -lagainst the measure. Supporting the cut was J. J. Weeks, state tax commis- sioner, appointed by Former Governor William Langer, who offered the res- olution; Acting Gov. Ole H.' Olson, John Husby, state agricultural and labor commissioner and Berta E. Bak- er, state auditor. will be made despite reductions in assessed valuations not on vari- ous utilities, but on property. many state officials believed. SCHALL ASSAILS RICHBERG Minneapolis, Sept. 11.—(#)—United States Senator Thomas D. Schall in @ written statement Monday night said the Donald Richberg re-employ- ment announcement regarding 8,- 000,000 jobs “is another Roosevelt at- wae deceive the people of the Uni Ms States.” ‘The reduction in general tax levy) 4 Who Proposed? + PRICE FIVE CENTS y Maine ROOSEVELT BACKERS NAME GOVERNOR, TWO MEN FOR CONGRESS Third Congressman and Sena- tor Appear to Be Only Re- publican Victories 8 STATES AT PRIMARIES Interest in Polls Tuesday Cen- ters Around Long-Walms- ley Louisiana Fight Portland, Me., Sept. 11—()—The “New Deal” rode high in Maine Tues- day as returns from Monday’s bien- nial election showed that Democrats assailed in the campaign for their Rooseveltian ties had captured the governorship and two congressional seats, Only by the slimest of margins did the Republican U. 8. Senator Fred- erick Hale appear to have won re- election. ‘ ‘Was it Rudy Vallee or some other chap who proposed, to Frances Singer (above), Kansas City enter- tainer? Her lawyer in New York says she will sue Rudy for $250,- 000 damages, alleging breach of Promise to marry her. Vallee de- nies even a nodding acquaintance with her. HOUSNG REPAIR DRIVE 0 START IN CAPTAL SOON Committees Named. Tuesday to Direct Various Phases of Local Effort Plans for launching Bismarck’s campaign in connection with the na- tional housing rehabilitation drive were announced Tuesday by the local committee which hopes to stim- ulate interest in home repair work this fall and winter. Members of the executive commit- tee, consisting of 8. W. Corwin, chair-' man; Harry Hanson of the First Fed- eral Building and Loan association; E. T. McCanna of the First National E. Davis of the Dakota Na- jank and Trust company; Henry Jones of the Bismarck Build- ing and Loan association, and T. C. Casey, local realtor, met Tuesday morning and decided to launch a campaign which will reach every resident of the city. Present also was R. B. Cummins, state director for the federal housing administra- manufacturing implements of war tion. Its object will be to determine who is interested in home repairs and to what extent. In its nature the move- ment will be similar to other efforts made in the past. This year, now- ever, it has the added impetus of ready financing through the new gov- ernment set-up, operating through local banks and building and loan as- sociations. Named on the publicity committee were W. 8. Moeller, chairman; Gay- lord Conrad, P. J. Meyer, A. C. Harke, J. P. French, Homer Spohn, G. E. Wingreene and Claude Hanson. On the committee which wiil have charge of canvassing the city are J. A. Larson, chairman; T. C. Casey and Harry Hanson. ‘ A special women’s committee, which will be asked to assist in the effort consists of Mrs. Frayne Baker, president of the Women’s Community Council, chairman; Miss Henricka Beach and Mrs. Lottie B. Sowles. Farmer Referendum On Corn Plan Urged Washington, Sept. 11.—(?)—Farm leaders have urged the Agricultural Consolation for the shaken Repub- FARLEY 18 SATISFIED; G. O. P. WILL INTENSIFY Washington, Sept. 11.—(7)—An “intensification” of Republican ef- forts was called for Tuesday by Chairman Fletcher of the Repub- lican national committee on the basis of returns from Maine which Democratic Chieftain Farlcy call- ed “proof ample that the New Deal meets with the approval of the majority of the people of this country.” Fletcher said: “It is evident that the people have not yet understood what it all means. Somebody, sometime will have to pay the bill and the people of this country soon will have to realize this. We intend to a our efforts all along the ie.” Farley quoted the old political adage, “As Maine goes, 80 goes the nation,” and said the heaviest Re- publican ‘artillery mustered for the Maine campaign “turned out to be popguns.” : cans was the capture by former Gov- ernor Ralph O. Brewster of the third congressional set held the past two years by John G. Utterback, (Dem.) Governor Louis J. Brann, the first Democratic governor to be re-elected since the Civil War, was swept into office by a plurality over Alfred K. Ames (Rep.), that exceeded 30,000 votes. It was the most decisive victory ever achieved by a Democratic candi- date for governor and was most wel- come to New Dealers, because Brann was selected as the special object of the Republican anti-Roosevelt attack. New Deal Foe Beaten In contrast to Brann’s election was the defeat of Congressman Carroll L. Beedy of the first district in which Portland is situated. With an ag- gressiveness that amazed even his closest, supporters, Beedy campaigned against the “New Deal” as smacking of the planned economy of Russia and Italy. A host of out-of-state Repub- lean spellbinders joined Simon Ham- lin, successful rival, in denouncing the AAA, the NRA, and other alphabetical symbols of the “New Deal.” ‘The wealthy bachelor Republican solon, Hale, whose pluralities in his 18 years in the senate usually indicated sweeping majoriites almost before the first returns were in, apparently de- feated F, Harold Dubord, Democratic {national committeeman, by slightly more than 1,000 votes. Dubord’s supporters indicated they would seek a recount. The Democratic incumbent Repre- sentative Edward C. Moran (Dem.), came out a victor over Judge Zelma M. Dwindal of Camden in the second congressional district by a comfort- able margin. ‘The state voted by an overwhelming majority to repeal the state prohibi- tion amendment. 8 States at Polls Today Political observes Tuesday expressed belief that the New Deal's victory in Maine would have a decided bearing on the outcome of primary elections held in eight states Tuesday. The states involved are Arizona, Colorado, Washington, Louisiiana, Michigan, Vermont and New Hamp- Adjustment Administration to submit to a referendum vote among mid- western farmers a proposal which would call for a 1935 corn control plan designed to take 8,000,000 to 10,000,000 acres out of production. This year 12,656,000 acres were rented to the secretary of agriculture, the owners receiving benefit payments in return. The 1935 plan, as suggested by farm leaders, would cost upwards of $100,000,000 and would be financed through continuation of a processing tax on corn and a smaller tax on hogs, although no attempt would be made to limit hog numbers as was done this year. AAA officials will hold a series of regional meetings through the mid- western states this week, and this suggested program and others will be iscussed. The adjustment adminis- tation said that after thorough dis- Cussion these alternative proposals will be presented in more concrete form for voting by farmers. Donohoo Is Werner Acting Postmaster Washington, Sept. 11.—(AP)—Ap- pointment of acting postmasters Monday included Ambrose Donohoo, Werner, N. D. shire, with South Carolina holding a run-off. Approximately 5,000 troops were en- camped in New Orleans as Louisiana voters ballot. New Orleans chooses be- wveen the political machines of Sen- ator Huey Long and Mayor T. Semmes ‘Walmsley. In Colorado, Miss Josephine Roche, coal mine owner and social worker, seeks the Democratic nomination for (Continued on Page Two) Death of Six Deer Being Investigated Mysterious death, striking six den near Watford City, was being investi- gated Tuesday by E. M. Lee, chief game warden, in the belief they mav have been poisoned by noxious weeds. The deer were found near a water- hole outside Watford City by CCO camp workers, Lee said. , He explained that animals ed seek water. The six were found close together. They had been dead for a number of days. ‘The bodies were too decomposed to allow post-mortem examination. A watch has been placed on the water-hole to determine if other deer have been poisoned, then seek water, a