The Bismarck Tribune Newspaper, December 12, 1934, Page 1

¢icc=.| THE BISMARCK TRIBUNE ESTABLISHED 1878 BISMARCK, NORTH DAKOTA, WEDNESDAY, DECEMBER 12, 1934 The Weather Fair tonight and Thursday; Somewhat colder Thursday, PRICE FIVE CENTS Moodie Wins Opening Round President to Ask ~ SEEKS ADVICE OF BARUCH, JOHNSON FOR LEGISLATION Points Out Inequalities in War- time Wages Resulting in Bonus Agitation TO STUDY HUMAN ANGLES General Douglas MacArthur Re- appointed Temporarily as Chief of Staff BULLETIN » Dec. 12.—(P)}—A com- Bernard M. Baruch Roosevelt. He made known at his semi-weekly conference that he had called fe ‘afternoon son, NRA administrator and Baruch’s war-time assistant, and high government officials. At the same time, the president di- rected that General Douglas MacAr- ie i : by i | 4 E 4 E g é 5 g F i Explosions in New England Cit- ies Early Wednesday Morn- ing Being Studied * 7 Murphys Have Field Day in Local Court ‘The Murphys had 2 gala day in Burleigh county district court 2 i for GREEN PROPOSES TAX ON PAYROLLS RgR gee tn Congress Over Old Age Pensions Bill Washington, Dec. 12—()—Union labor's legislative drive for 1935 op- jened Wednesday with a proposal by H f i af 3 BE, fae TT ful phil Hi ree HOTEL RUINS GIVE UP MORE BODIES AS INQUIRY IS BEGUN Dead List Stands at 23, In- cluding Six Michigan Legislators FATE OF MANY UNKNOWN Witnesses Being Questioned to Determine If Negligence Was Involved: Lansing, Mich., Dec. 12—(P)—As fire-blackened, ice-shrouded ruins of the Hotel Kerns began giving up their dead Wednesday, state police announced that 22 persons had been morning. ‘The roster of known dead in Michie gan’s most horrible fire tragedy in- Cluded those whose bodies were taken from the icy water of the Grand river, Early firemen pulled down all that remained of the walls of the four-story structure which for eee While workers dug into the ruins for bodies, police with WALLACE DEFENDS AAA AS ADJUSTING SUPPLY 10 DEMAND Farm Program One of ‘Econo- mic Democracy’ Aimed at ‘Balanced Abundance’ EMPHASIZES CONTROL NEED Sees Restoration of Industrial Purchasing Power Next Step Necessary Washington, Dec. 12.—(/)—Secre- tary Wallace defended the tural adjustment program = day in his annual report to President Roosevelt as one of “economic dem: His report dealt principally with the work of the adjustment admin- istration prior to June 30, scientific work of the department of agricul- ture, and emergency activities car- tied out during the year in coopora- If restriction of farm production conflicts with democracy it should be abandoned, he admitted, “but man’s right to live transcends all other con- siderations. In the present state of the nation, we must enlarge our idea of democracy, or risk losing what ¢| democracy we have. rg z 3 dhs? Pi + é [re 2 i gf te He z i if é i 2 % 4 E 3 = : l E i § g Ris e2 i f Pg ‘ ii E 4 i i F E 3 é aE ; , i H i cf presi. Association for wakened by the the what bed- Hauptmann Defen FLELEEY fl “A purely political democracy done elsewhere.” Farmers were united behind pas- sage Of the adjustment act, the sec- declared, and still are sup- Ing and participting in its func- Wallace reiterated his dislike for be judged solely by the amount hich the spread between actual y” prices is narrowed. Since Meny costs, “human as monetary, social as well as nomic.” Among such costs he mentioned “social discipline,” sometimes called ‘regimeritation;” denial of future op- unities to farm to some individ- the necessity for taking _Bill Banning War Profit urt Scene as Governorship Was Argued Here |_Court eene as Governors Pictured above is the scene in the day to argue the question of who should be the next governor of North Dakota. In the central foreground, seated seeking to keep Governor - Elect Thomas Moodie out of office; C. J. Murphy, Grand Forks; John Moses, Hazen; John F. Sullivan, Mandan; W. D. Lynch, LeMoure, and Murphy of Fargo, all assisting Moodie defense. at the table, are C. Leibert Crum, rep- resenting Secretary of State Robert Byrne, and M. A. Hildreth of the Moodie defense counsel. The others, reading from left to right around the circle are: Francis Murphy, Alvin C. Struts and Thomas Murphy, lawyers M. W. in the RETURN OF WENZEL TO FORMER JOB IS AIM OF COURT MOVE Attorney for Ousted Official Asserts Removal Order Was lilegal Effort to restore R. E. Wentel to the post of Workmen's Compensation Bu- reau commissioner, from which he was ousted by William Langer, then gov- ernor, on January 24, 1934, was begun }Weduesday. in Burleigh County. dist-| rict court. é jae The action is one to have the dis- {trict court review the legality of the order removing Wenzel from office. George F. Shafer, Wenzel’s attorney, contends that it did not comply with the law since it did not find Wenzel guilty of any specific act or specific omission to act of such nature as to’ justify his removal under the statute Permitting the governor to remove him. in the matter was set for certiorari, permitting the view the case, should to who the defendant should be. Unless cause is. shown at the time specified as to why the case should not be reviewed, the defendants will be required to produce in court the record of the hearing which was held before T. J. Clifford, named by Langer as commissioner, and, upon which Langer presumably based his removal order. As a matter of fact, it was disclosed, the record already is in the district court, having been placed there in connection with other legal phases of the hard-fought removal case, and the gesture of requiring that it be produced is made merely to comply with legal technicalities. If, as counsel for Wenzel contends, the removal order is legally ineffec- -Itive because it failed to comply with costs of farm adjustment are »” he declared, Will Spend $16,000 On Postoffice Here Information that $16,000 has been allotted by. the government for the extension and remodeling of Bis- marck’s postoffice building was re- ceived here Wednesday—but no one Claims New Evidence| su To Keep Stores Open Evenings Next Week the law, Wenzel will be restored to office and will draw pay for the time he was out of office. It is not expected that he will re- turn here to resume the duties of compensation commissioner even if re- instated, since he now is employed the NRA offices in Chicago and the term to which he was apeeinied will expire next January 14. At that ime the incoming governor presumably will appoint a new incumbent and both Wenzel and P. M. Weisbeck of Em- mons county, appointed by Langer to succeed him, will lose all claim to the office. Sieh Hospital Children To Have Fine Trees Children in Bismarck’s two hospi- tals will have a Merry Christmas if | 1; the city’s florists can supply one. ‘Announcement was made Wednes- day that five beautiful trees had been set aside for St. Alexius hospital and Bismarck hospital as ae [tied at bis home in] totals in most lines, however, show Jansonius Decision in Moodie Injunction Case “I feel that an immediate decision should be given in this case so that the matter may speedily be brought before the supreme court for final adjudication. “So far as this hearing is concerned, I am not authorized to upon the eligibility of Thomas Moodie for the North Dakota, and I express no opinion o1 suming that he is ineligible, the question is: the secretary of state from issuing a certificate of election? “A certificate of election, as I read the law, is simply a dec! tion based on the canvassing board's report that a candidate received the highest number of votes at the election. The qualification or eligibility of the candidate is not passed upon, or considered by the secretary of state in issuing the certificate and, according to the au- thorities as I understand them, the candidate gains no advantage be- cause of the certificate if he in fact is not eligible for the office. “In the limited time that I had, I have carefully reviewed the law andthe decisions that came to my notice, and from those authorities it is my conclusion that eligibility to hold a public office can be ques- tioned after election only in a direct proceeding brought for that pur- pose, to which the officer is a party. “Corpus Juris states the law as follows: “Election officers will not be enjoined from giving a certificate of election to the successful candidate, and the fact that there was fraud in the election sufficient to vitiate it, or that the election was held under a void statute, does not affect the operation of this rule. The right to hold office cannot be tried in a suit to enjoin certifica- tion of an election, the remedy being by quo warranto.’ “It is my opinion that the temporary injunction heretofore issued should be vacated and set aside for the reason that this court is with- out jurisdiction in the matter. “If the plaintiff desires to appeal from this ruling to the supreme court, he should be given sufficient time to do so before the temporary injunction is vacated. “an order may be prepared vacating and setting aside the tem- porary injunction, with the provision, however, that a stay of pro- Sea ings ak ceo sclera be ac obo nemepe CES nmpe iene neo Saeesene =e appeal.” : STATISTICS SHOW [Toney ana ete RECOVERY INROADS |*-comeecanse soe LARGEST SNC and a contribution of 20 new dolls ‘was announced Wednesday by the Year's Totals in Most Lines Re- veal Substantial Advances American Legion’s “Open Your Over 1933 Heart” committee, in charge of the distribution of Christmas cheer in Burleigh county. The money gift of $2 came from Mrs, Nora J. Cochran and the dolls were donated by the auxili- ary.to the Bismarck typographical union. Meanwhile, donations of used clothing, discarded or broken fur- niture and other items continue to come in av an increasing pace, according to R. R. Nelson, chair- man of the veterans’ committee in charge. CRIME. CONFERENCE HITS PAROLE EVIL Publicity Seens as Check on Persons Seeking to Get Convicts Released (Copyright, 1934, by The Associated Press) New York, Dec. 12.—(P)—Statisti- cians calculating the progress of busi- ness recovery find that in most re- spects 1934 was the best year since 1931, in some the best since 1930. In the final month of the year, in- dustrial luction seems in the ag- gregate to be close to where it was at this time last year. The year’s substantial gains over 1933. That is due in part, of course, to the ex- tremely low levels to which business fell in the early months of 1933, co- incident with the banking crisis. The following table shows steel production in millions of tons,, freight car loadings in millions of cars, au- tomobile production in millions of units, and building. contracts let in the 37 states east of the Rockies, in miliions of dollars, with the last few) washington, Dec. 12—UP-—A strong Steel Freight Autos Building|movement to throw the full glare of 1934 ... 25.5 30.6 28 1,550 | Publicity on persons seeking to get 22.8 289 20 1/258 | convicts out of prison developed Wed- 13.3 28.2 14 1351|nesday at Attorney General Cum- L.. 25.2 37.2 24 3,092|mings’ national crime conference. ». 39.5 45.2 33 4523] Joseph B. Keenan, assistant attor- Perhaps the most striking gainsfor|ney general, said before the third 1934 have been made in sales of con-| day's session was started: ads, Mis ‘has boon in| paroles ‘as well as those of individuals luxt roducts. This n paroles as well as lu "anal writing to the authorities asking ‘APPEAL EXPECTED TO FOLLOW ACTION IN BURLEIGH COUR’ Judge Jansonius Declares Him- self Without Jurisdiction in Challenge VACATES TEMPORARY ORDER ‘Quo Warranto’ Proceedings to Try Title of Office Ex- pected by Plaintiff Governor-elect Thomas H. Moodie Tuesday night won the first round of the court battle in which his right to take office was challenged. In a decision handed down at 8 p. m., after listening to arguments from 2 to 5:30, District Judge Fred Jan- sonius held that he was without juris- diction in the case and vacated the temporary injunction which had re- .jstrained Secretary of State Robert Byrne from issuing a certificate of election. A stay of two days was granted to permit Attorney General P. O. Sahre, plaintiff in the case, to Prepare an appeal to the supreme court if he wishes to do so. Whether or rot an appeal is taken from Jansonius’ ruling in the injunc- tion case, it seemed probable that a further effort would be made to pre- vent Moodie from exercising the pow- ers and duties of governor. If it , comes this prebably will take the form of “quo warranto” proceedings in which the title to the office can be This, however, probably will not come to final determination until af- ter Moodie is inaugurated and indi- cations are that he will assume office on January 1 as contemplated by the constitution. Defense Indicated Meanwhile, statements to the court Tuesday indicated what the defense will be in the cvent the matter is laid before the supreme court for final de- on. It was stated that Moodie does not admit that he has been a citizen of any state other than North Dakota for the last 10 years and that he will resist any atteinpt to show him to be a citizen of Minnesota in 1930, al- though he admits having voted in that state as alleged in the complaint againt him. The defense will be based, it was indicated, on established interpreta- tions of what constitutes citizenship. His attorneys will attempt to prove that he regarded himself as a citizen of North Dakota continuously for more than 10 years, that he was re- siding in Minnescta only temporarily. and that he aiways expected to re- turn to North Dakota as his perma- nent home. Numerous cffidavits were intro- duced to support this contention, all of the persons making them asserting that Moodie had frequengy told them he was a citizen of North Dakota and intended to return there as soon as i or attributable to the restoration of power, as result of farm purchasing her es, and government bo- me eae which er at the Clear Creek CCC camp near Norris Dam early Wednesday burn- ed CCC boys to death, swept through the camp and left over 200 shivering in their night- clothes, RAIL EXECUTIVE SUCCUMBS pburn Bremner, 65, ae & St, Louis railroad and former president of the road, e Tuesday night. no small measure, business analysts clemency for convicts should be avail- able to the public.” This view was echoed by Frank Hague, who has been mayor of Jersey City for 22 years. “I don't see why any person who is willing to stand up for somebody in trouble shouldn't be willing to have his name made public,” he said. ‘The parole problem promised to fur- nish as controversy among the 500 logists and other anti-crime workers attending the assembly. One side was represented by J. Ed- foe departcent crime squndroos, who ice department's aq criticized some parole boards Tuesdsy for their decisions. Roars of applause greeted his pointed remark that the|by late George ‘Baby Face) Nelson, named as the killer of three federal agents, twice received “the softening touch of clemency.” he could locate and purchase a coun- try newspaper. It was further indicated that the Moodie defense would be that he was continuously a resident of North Da- kota under the meaning of the statute defining legal residence. This asserts that to change residence there must be a union of act and intent. The in- tent of Moodie iv change his residence is clearly denied in the affidavits pre- sented Tuesday, hence there is no ad- mission on Moodie’s part that he ever lost his citizenship. Cite Poor Relief Cases This contenticn is bolstered, in the opinion of Moodie's attorneys by a long line of decisions pertaining to residences and citizenship. A good many of these are in connection with Poor-relief cases,. where one county has attempted to send to another county for maintenance, people on their poor lists. In several such cases the supreme court has held, in effect, that even though an individual had voted in one township or county, his legal residence might be in another and that the ect of voting did not make him a citizen. Any “quo warranto” (by what war- rant) action which may be brought against Moodie may be filed in either the district or the supreme court but it is expected that the supreme court will be asked to take original jurdis- diction in the event that the plaintiffs determine to go further with their at- tempt to keep Moodie out of office. This was the case in the move to oust Governor William Langer after his conviction in federal court on a fel- ony charge. That action was of the identical type which may be brought against Moodie and which Moodie’s attorneys Tuesday admitted could be brought. Try to Beat Demurrer Francis Murphy, special assistant attorney general, attempted to defea. the demurrer to the injunction com- plaint Tuesday despite a long line of legal decisions in similar cases pre- sented by Moodie’s lawyers. He cited few or no decisions from other courts but contended that the current action was different from other cases cited because all of them involved contests between individuns tor an office, whereas this case mere- ly involved the right to an office. His argument was rather involved and his opponents accused him of beg- tt Sates oy Sets that he was try’ an office in an injunction proceeding, whereas the only way to do that was @ direct action with the person ‘whose title was challenged as defend- ant. Such a suit could be brought, it was admitted, by the attorney general (Continued on Page 4)