The Bismarck Tribune Newspaper, December 4, 1934, Page 1

. North Dakota’s ¥ Oldest Newspaper THE BISMARCK TRIBUNE The Weather Generally fair tonight and Wednes- day; not much change in temperature ESTABLISHED 1873 BISMARCK, NORTH DAKOTA, TUESDAY, DEGEMBER 4, 1934 PRICE FIVE CENTS Moodie to Answer Challenge Transpacific Plane Forced Down in Sea RESTRAINING ORDER ISSUED TO PREVENT BOARD CERTIFICATE Allege Governor-Elect Disquali- fied by Not Having Been N. D. Resident Five Years MILL CITY VOTE IS SHOWN Former Minneapolis Mayor's Affidavit Produced to Show Registration in 1930 (By The Associated Press) Directed against the state canvass- {ng board, an order to show cause why it should not be restrained per- manently from issuing a certificate of election to Thomas H. Moodie, Democratic governor-elect, was :ssued here late Monday by District Judge Fred Jansonius. A temporary restraining order also suing & The order is returnable.Dec. 11. Judge Jansonius said he would be un- able to hear the case, which: will ne- cessitate appointment of another presiding judge by the state suyreme cor yurt, In an affidavit by A 5 bers. Named also as a defendant is Moo- die. The action is brought in the name of the state and Sathre as at- pee fins 2 5 i id E E He 1a A (CITY COMMISSION Confesses Slaying FUIERS RADIO SOS ARTER LOSING WAY: RUN SHORT OF GAS Honolulu Air Station Receives Flash of Intentions to Land on Water WAVAL CRAFT TO RESCUE Battle Nearly Two Hours to Find Course; Ship Can Float, Cannot Take Off igned statement F. Conway, Prosecutor, said to him he the 23-year-old &@ note REJECTS BIDS FOR’ LIGHTING AIRPORT at Special Meeting Tues- day Afternoon Bids received by the city commis- sion for furn! materials skilled labor to light the landing field of the Bismarck Municipal air- Port were rejected at a special meet- ing of the commission Tuesday after- noon. The bids had been opened at the regular meeting Monday night. , considera- John B. Kottsick and Lyman W. Jey were the other bidders, . se VETERANS LAUNCH BFFORT 10 UNITE CITY IN CAMPAIGN (Appeals and Check Lists Being Distributed to Every Home & i beer eeeae ? a z 3 st the phone at No. ” Nelson said Tuseday. ime Secpnaiaae Shed Ba bee ‘of had jog ory incorrectly and ‘et called attention to the fact that it is held 279, not 297. : ‘was a ae Acting Postmaster will Of Streeter Named pein Wesningian, ee. 4.—()}—The postattion Gevaxtenen pis pprted nounced appointment of the follow- will ing acting 5 the & ul Kleteke, Streeter, N. D. LEADERS PREPARING INDUSTRY PLATFORM AS NEW DEAL GUIDE Council Hears Arraignment of Government’s Entrance into Electric Business OPPOSES SOLDIERS’ BONUS Advocate Balanced Budget, Federal Aid Withdrawal Unless Expense Cut ed to the council that “the very op- posite” of NRA objectives “is being equitably in the federal tax. The program also advocates an early return to the gold standard and asks a “tl competent and non-partisan” study of the banking system. » Which was submitted MRS. W. EL BRYAN CLAIMED BY DEATH Funeral Services for Local Wo- man Will Be Held at 2 & 5 Transpa ic Fliers Lost at Sea, Forced Down The Star of Australia, eight-passenger plane of Capt. Charles Ulm, Australian flier, is shown above. Left, below is J. Leon municates with his shipmates Right, below, are Ulm, McG. Littlejohn, PRESDENT OF FARK HOLIDAY ASSOCUTION Delegates From 50 State Coun- ties Discuss Relief and Mortgage Problems Usher L. Burdick, president of the North Dakota Farm Holiday associa- tion, was unanimously re-elected to that position Monday as 450 dele- gates representing 50 counties refus- ed to accept the resignation he sub- mitted. Delegates entered into open dis- cussion of problems brought up un- der mortgage foreclosure and efforts to forestall such actions and debated over angles of work-relief and pro- blems encountered in getting relief. The relief committee met with E. A. Willson, ERA relief administra- |tor for North Dakote, in a lengthy session Monday and submitted peti- tions asking that a new county relief adminisirator be named in McHenry county. The committee reported Willson declined to come before the body at Monday night’s session. Five: resolutions to na- jtional legislation to be submitted to jthe next session of congress were ap- By unanimous vote the delegates Harry Schumacher, a Fisher, Buffalo Springs; Ben Bauer. | Napoleon and Barney Monahan, Bis- on, James Mulloy, New Rockford; D. I. Todd, Williston; L. C. Bowen, 0 ‘on snd John Wentz, Dodge. Archie Slade, Rhame; Edwin Cooper, Bert Drennen, Buxton and marck. » Bis- U. S. Will Sell Seed In Drouth Districts Washington, Dec. 4—(#)—The farm administration this winter will Sell seed in drouth areas. Prices will cover only actual cost, plus handling, cleaning, and stor- age charges, administration officials said. The prices were: Spring wheat $1.35 a bushel; durum wheat $1.60; malting barley, $1.35; feed barley, Trebi variety, $1.10; feed barley, west coast types, $1.20; oats, white and yellow, early and mid-sea- son varieties 75 cents; red oats, 80 cents, and flax $2.25. FIRST DAY'S SEAL SALES TOTAL HIGH School Children to Sell Anti- Tuberculosis Stickers in Residence Sections Receipts of $339.44 accounted for on the opening day of the 1934 Christmas seal sale. drive gave en- couragement to Community Council members as they continued their ef- forts Tuesday in behalf of the North Dakota Anti-Tuberculosis association and health work in Bismrack. Mrs. E. F. Trepp, general chair- man of the drive, announced Tuesday that incomplete returns from the first day's solicitation dowutown amounted to $202.44. The remaining $47.00 was taken in at booths, which agin will be active on Saturday, Dec. Miller, Bowbells and Matt Mulhol-|terson hotel bring cards, score and tally cards, pencils and card table covers. Tea will be served at 4:30 o'clock. REYNOLDS WaMay DIES Reynolds, N. D., » 4 Severinson, 42, sister of Mrs. Peter Erie of Minot, died at her home here Tuesday. Funeral dervices have been tentatively set for Friday. Skilling, navigator and radio o perator, in his radio room, from which he com- by telephone. = BURDICK RE-ELECTED left, and his co-pilot, George BORAH CHALLENGED TO ASSUME DUTIES ASHEAD OF PARTY Couzens Declares Substitutions Must Be Made for Program Criticised by G. 0. P. Washington, Dec, 4.—()—Senator Borah, who demanded a reorganiza- tion of the Republican party, received a challenge Tuesday from Senator Couzens, (Rep., Mich.), to take the chairmanship and suggest a new plat- form. He said Borah, like Senator Reed of Pennsylvania, campaigned against aspects of the New Deal but “neither one was successful because they of- fered no substitutes for the programs they criticized.” The Michigan senator's entry: into the party controversy cathe shortly after Henry P. Fletcher, chairman of the Republican national committee, had flatly declined to resign at Bor- jah’s request. To step out at this time, Fletcher said, “would plunge the party organ- ization into confusion.” He pointed jout the machinery by which, he said, the Party oul obtain new leadership wal it wanted. Rep. Fish (Rep. N. Y.), also took issue with Borah, saying that while Party would “liberalize and hu- its poiicies,” Fletcher should called upon to resign “provid- he is willing to go along in favor of liberal policies.” Couzens’ statement, coming from .J one who has frequently voted with the Borah the chairmanship of the Republican national committee. “I am just as anxious as Mr. Roose- velt is to have the country recover, but I do not intend to assume a de- ‘structive attitude whether I be a Bor- ah Republican of a Fletcher Repub- lican or neither of these things. “Certain prominent senators have been carrying on de- | vastating campaigns, or at least they have been trying to make them de- vastating, against certain agencies of the New Deal. Borah did it in Idaho ‘Jand Senator Reed in Pennsylvania, “Jand I can’t see much difference be- “}tween the two.” :| Draw 18 New Names For Jury Duty Here Difficulty was being experienced Tuesday in obtaining jurors t6 sit at the current term of the Burleigh .;county district court. Only .28 of the 40 called appeared Tuesday morning, 16 having asked to be excused because of business or other reasons and the rest having this, Judge Fred Jansonius ordered 12 more to be called and when a number of these proved to be out of town or “begged off” six additional names were drawn from the jury box. ‘The first 12 names drawn upon orders of the judge were Ole Spilde, Arena; Leslie Cline, Moffit; N. A. Magnuson, Wilton; Mrs. Lar- son, McKenzie; Francis Voltin, Wil- ton; and J. L. Enright, Amasa Gal- loway, Carl Reff, J. R. Vrzal, Frank Geiermann, of Bismarck men. They were Frank L. Loomis, C. A. Rust, Merton Orr, F. A. Anderson, T. M. Casey and R. E. Thompson. Republican | COUNSEL CONTENDS ' WILL OF PEOPLE IS CONSIDERED FINAL M. W. Murphy of Fargo, Attor- ney for Governor-Elect, Outlines Major Issues SEES ACTION AS TOO LATE Raises Question of Whether Electorate’s Decision Can Be Set Aside by Courts Fargo, N. D., Dec. 4.—(#)—Thomas H. Moodie Tuesday prepared to de- fend the attack on his right to as- sume the governorship. His attorneys issued a statement Monday night denying that the governor-elect lack- ed qualifications for the office. J. C. Eaton, state Democratic chair- man, Tuesday announced that five leading North Dakota attorneys have been retained by the state central committee and the governor-elect to defend Mr. Moodie in the case being brought against him in Burleigh county district court. They are P. W. Lanier, United States district attorney, John Sut- livan of Mandan, M. W. Murphy of Fargo, Tom Burke of Bismarck and John Moses of Hazen. Murphy outlined as the major issues in the case the question of whether the decision of the electorate can be challenged or set aside by the courts after the voters have expressed their will, and whether the state constitu- tional provision that a candidate must have resided in the state five years preceding his election means @ continuous period. Those challenging Moodie’s right to the office claim he voted in Min- nesota four years ago and for that reason fails to meet the provision of the North Dakota constitution that a candidate for governor must have resided in the state for five years prior to his election. : general election in the fall Mr. Moodie to go on the ballot and now entitles him to the offies of gov ernor as the choice of the people at such general election. “The provision in the constitution as to residence was clearly intended to insure that the successful candidate for governor should be familiar with Conditions in the state. Mr. Moodie would clearly meet this requirement. He has lived in North Dakota with occasional absences for the past 36 years, and it is conceded even by his Political enemies that he has lived here continuously for the past four years or more. The practical inten- tion of the framers of the constitution has therefore in his case been clearly met. N. D. Citizen After Year “His citizenship and the right to enjoy the privileges flowing from that. tion | citizenship cannot of course be now questioned and is not questioned in these proceedings. Any person who is a.citizen of the United States and has lived in North Dakota for at least one year is a citizen of North Dakota and is entitled to vote and enjoy the full rights of a citizen of this state. “Another question involved in this contest is whether the constitutional provision as to five years residence was self-executing, or whether that constitutional provision required af- | firmative action by the legislature to make it effective. There are many provisions of the constitution of North Dakota which the courts since state- hood have held to be in abeyance and not operative until made effective by legislative action in the form of a statute cz law duly adopted and put in force. “Still another question is whether the constitutional! provision as to residence, assuming that it was in- 'tended to apply exclusively to the five years immediately prior to the elec- tion, was mandatory or directory that is to say, whether it of itself was @ disqualification or a requirement which would be waived if not chal- lenged before the people had gone to the polls at a regular election and selected Mr, Moodie by a clear ma- jority vote. Voters Have Spoken “It might be pointed out in this connection tha: Mr. Langer’s disquali- fication as governor rested not only upon a constitutional provision that one convicted of a felony should thereby become disqualified from citi- zenship and the right to hold public office, but also upon an express law adopted by the legislature making that provision of the constitution di- tectly applicable to the office of gov- ernor, Likewise, Mr. Langer was the successful candidate on the Republi- can ticket for the office of governor at June primaries, His qualification as a candidate never was challenged by his political opponents because they had failed to make such a con- test before the primary election was held, Mr. Langer was disqualified by (Continued of Page Three) “ Py