The Bismarck Tribune Newspaper, December 12, 1934, Page 2

text of Governor-elect Thomas Si. eloodie’s affidavit, read Tuesday in district court and in which he out- lines his position with respect to resi- @ence and citizenship, follows: “Thomas H. Moodie, being duly sworn, says that he is one of the de- fendants in the above entitled action; that he is the identical person elected governor of the State of North Dakota at the last general election and whose election has heretofore been duly certified and returned by the State Canvassing Board; that he has not received his certificate of election as Governor from the Secretary of State, solely because this court has issued its temporary restraining order which has been served upon the Secretary of State enjoining him from issuing and delivering to this affiant such certificate of election; that this af- fiant is prepared to file his oath and bond and comply fully with the re- quirements of law in order to enable this affiant to assume the office and discharge the duties as Governor, and that he is prepared to do so and will do so unless retrained by the courts; that it is a matter of vital public concern and necessity that he be per- mitted to assume and discharge the duties of such office of Governor in due order and without interference with the processes and procedure pro- vided by law to that end. “That the 1935 legislative session is about to convene at the State Capitol in Bismarck. Many important and wide-reaching problems affecting the peace, comfort and well-being of this state have been suspended or delayed solution because of the situation exist- ing, not only on account of this litiga- tion but also on account of the fact that the undersigned will take office with a new administration. One of these vital and important problems is that of the relief of the poor, the care, | sustenance and support of thousands of families, who through no fault of their own but due to widespread na- tional and international economic conditions, must receive relief from the federal, state and local govern- ments. “Authorities representing the Fed- eral Government, having the super- vision and administration of Federal Emergency Relief, have contacted the undersigned as the incoming gover- nor and have co-operated with the un- dersigned in completing plans by which such relief administration will -be more widely extended and more directly and efficiently given to those in need. Since the commencement of this litigation, and the public turmoil and uncertainty which it has engend- ered, such federal authorities have suspended further development of such plans so far as the same relate to more direct state administration thereof and will not go further with such plans until the undersigned has ‘been inducted into office and his per- manent tenure in office established. “It is therefore a matter of vital Public concern that the undersigned forthwith receive his certificate of Here Is Text of Moodie Defending Right to Governorship Affidavit County Farmer he and his wife resid- ed at Wahpeton where Mrs. Moodie affiliated and became a member of the church of her faith, “The undersigned and his wife, after the sale of such newspaper at Wah- ‘Peton, continued to live there until the fall when they took a vacation trip to California spending the winter of 1927 and 1928 in California. They returned to North Dakota in the spring of 1928 for the purpose and with the intent of purchasing another North Dakota newspaper. The pur- chase of such a country newspaper and negotiations necessary to bring about such purchase required some time. It was necessary to investigate the various newspapers that were for sale, to study the territory served by such newspapers and to arrange the cure as a third party the most favor- able terms that might be offered by the owner and agreed to and did pay his expenses for such work. Before this opening was completely investi- gated by the undersigned, such news- paper at Walhalla, North Dakota, was purchased by Mark Forkner of Lang- don, North Dakota and Riley Morgan of Grafton, North Dakota. “Sometime in the late fall of 1929, while the undersigned was still look- ing for a new newspaper opening for @ country weekly, Mrs. R. A. McLean of Virginia, Minnesota, sister of Mrs. Moodie, came to Minneapolis for treatment. She remained with the undersigned and Mrs. Moodie for sev- eral weeks for treatment and then during the succeeding months made intermittent trips from her home in does the undersigned understand at, this time, that the mere act of voting and the exercise of his franchise at Minneapolis disqualified his North ‘Dakota citizenship and would not have, 80 voted had he known the fact that; such act of voting might affect his cit- izenship in North Dakota. “This affiant specifically states that he never intended to establish a per- his temporarily living in was extended beyond his the lapse of such circumstances he did so return to North Dakota at Wil- necessary financial details and to negotiate either directly or through third parties for such purchase. The undersigned was invited to and ac- cepted the position of editor of the Bismarck Tribune in the spring of 1928 with the understanding between. the undersigned and the proprietor that such employment was temporary and was to continue until the under- signed could secure another country newspaper in North Dakota. “In the summer of 1928 the under- signed purchased the Renville County Farmer at Mohall, North Dakota, and moved with his wife to that place where he operated such newspaper until the month of July, 1929, when it was sold. Out of the proceeds of the sale of this newspaper the undersign- ed obtained $5,000 in cash and then set about to employ such capital in the purchase of another North Da-. kota weekly newspaper. The under- signed and his wife moved their household goods and other personal property, except their immediate per- sonal effects, to Minot, North Dakota, where the same were stored pending the re-location of the undersigned and his wife in a new home in North Da- kota. There were no safe and satis- factory storage facilities for that pur- pose at Mohall. “After making these arrangements the undersigned and his wife went to Minneapolis. The purpose of this was solely to negotiate at that city the purchase of another country news- paper. Neither the undersigned nor his wife had any intention at {hat time, or at any time while they were in Minneapolis, to make that city their home or to be there any longer than the time required to secure on & satisfactory basis another country sh peed in North Dakota if pos- “There are located in the city of Minneapolis the headquarters of var- ious wholesale print paper concerns, printing type concerns and other agencies serving country newspapers and supplying such newspapers with Paper, print, type, ink and other sup- ‘Plies. These wholesale concerns have always had employed numerous sales- men who traveled about the north- ‘west selling goods to the various coun- election, be inaugurated in office at the try newspapers. These salesmen time and in the manner prescribed by, Were familiar with all of the news- law and be permitted to immediately|Papers in the Northwest and in touch Tesume his contacts and complete his|With those which were for sale and Plans with federal authorities. Many;Were familiar with the conditions other vital public questions are like-/under which the same could be pur- wise unsolved and the solution there-|chased. These salesmen likewise of is impeded by the circumstance| Would and often did serye as third that the undersigned may be delayed| Parties in negotiating such sales. in receiving his certificate of election|There was also located in Minne- and qualifying and assuming the|apolis a newspaper brokerage office duties of office to which he was|dealing in the exchange and sale of chosen at a free and fair election by|Country newspapers. For this reason the people of this state. and other reasons the location in ae, undersigned states that he is|Minneapolis was a convenient and Past has for more than ten years last | desirable one in obtaining a new loca- been a resident and citizen|tion as a country newspaperman on the State of North Dakota, and that|the most favorable and satisfactory hhe possesses all of the qualifications|terms. It was for this reason and prescribed by the Constitution and the| this reason only that the undersigned laws of the State of North Dakota to|and his wife went to Minneapolis. entitle him to assume the office and} “After reaching Minneapolis the exercise the duties thereof. That in|undersigned made immediate inquir- the summer of 1929 the undersigned ies at the office of the Minnesota Edi- ‘Was engaged as a country newspaper|torial Association in the Nicollet Proprietor at Mohall, North Dakota.|Hotel, where a newspaper brokerage All of his active mature life has been|office was maintained, for the pur- spent in the newspaper business, the|chase of a North Dakota country sreater portion of it as editor of coun-| newspaper and was informed by the try newspapers and the major por-|manager that there were no known tion of which was spent in the state|openings but that the undersigned of North Dakota. The undersigned| would be advised when any such open- ‘Was married to Julia Edith McMurray|ings were known. The undersigned at Grand Forks, North Dakota on|also called upon various acquainten- February 14, 1908, at the Methodist}ances and friends in the newspaper Church parsonage by the Reverend| business and in the newspaper supply Mr. Moore, now retired and living at] business stating his mission and pur- Forks, The undersigned was|Pose to buy another country news- then employed as a linotype operator|paper and his preference to obtain on the Grand Forks Herald. Later|One if possible in North Dakota. the undersigned moved to Ray, North| “A few days after this a represen- Dakota where he leased a newspaper| tative of the Minneapolis Tribune con- from Nellie E. Young, known as the|tacted the undersigned and offered Ray Recorder. The undersigned had|the undersigned a temporary job on also in November, 1898, edited a news-|the editorial staff of the Minneapolis Paper at Langdon and for a time had,| Tribune, that newspaper organiza- also during such prior years, been|tion then being shorthanded in that employed on the Bismarck Tribune|department. The undersigned stated of which the editor was then J. W.|that he did not want to permanently > Foley. During these early years the/engage in the metropolitan newspaper undersigned worked on various news-|game; that his business‘in Minne- Papers in the capacity of printer and|apolis was to buy another country newspaper editor in North Dakota and| newspaper and that he preferred to elsewhere. In July, 1919, the under-|go back to North Dakota if he could operated, as editor, the Rich-|find a favorable opening to run a Condit purchased the|would be willing to go on with the Richland County Farmer from thejunderstanding that when he found , Wahpeton State Bank, that paperjsuch a satisfactory opening he could having been acquired by such bank] take advantage of it. through foreclosure sale of @ mort-| “The undersigned therefore on the gage on such property. In connection] 16th day of August went to work on with such purchase the undersigned|the Minneapolis Tribune on the edi- and B. W. Condit executed and de-| torial staff to work by the week until livered to the Wahpeton State Bank|/he was able to find an opening in & chattel mortgage on the tools, im-|the country newspaper business which Plements, equipment and apparatus|he was seeking. No such openings ‘used in the operation of the Richland|developed and the undersigned and y Farmer securing the balance|his wife secured a furnished apart- of the purchase price of such paper.|ment. ‘This work was undertaken ‘The undersigned and the said B. W.|solely because it was apparent to the Condit continued to operate such|undersigned that some time might Richland County Farmer and thelelapse before the newspaper he want- undersigned and his wife resided atjed would be available for purchase ‘Wahpeton until the 6th day of Aug-|and meanwhile he could make a tem- ust, 1927, when the undersigned and porary livelihood and retain intact the the said B. W. $5,000 cash fund reserved for the pur-| D. ae ane ae since| chase of such newspaper. wspaper.| “While engaged in such tempor: and the bill of/work for the Minneapolis Tribune, the undersigned learned through newspaper friends or through a brok- erage exchange that the Walhalla Mountaineer was for sale and immedi- ately got in touch with ©. J. Carlson, now in Valley City, North Dakota, to! have him quietly investigate and se- i i s fy puctepteny i liston where he has since resided; that he never intended to make Min- dence, that neither he nor Mrs. Mood- jie prefer city life but love the open ‘country and the intimate association of old friends in a small community; that affiant was taxed for personal Virginia, Minnesota to Minneapolis, Minnesota, for the purpose of treat- ment and care and while in Minnea- apolis lived with the undersigned and his wife. She spent the Christmas| holidays with the undersigned and his wife at Minneapolis and as the winter wore on her condition became steadily worse. “Some time in March, 1930, the un- dersigned learned, after consultation with a physician in Minneapolis, Minnesota, that Mrs. McLean had a malignant cancer and that her death would occur probably within a year. Mrs. Moodie and the undersigned de: termined that their plans to leave Minneapolis must be deferred until the outcome of Mrs. McLean’s health. ‘The undersigned and his wife during, the period mentioned and until her subsequent death made numerous trips to Virginia, Minnesota, and as the illness of Mrs. McLean developed she spent longer periods of time in Minneapolis with the undersigned and his wife until the progress of the disease required her to be hospitalized. She was taken to a hospital in Min- neapolis and thereafter to Virginia, Minn., where, after a lingering ill- ness, she died in August, 1930. The delay in the plans of the undersigned to resume his country newspaper work was due to his desire and the de- sire of his wife to be near Mrs. Mc- Lean in her illness. After Mrs. Mc- Lean’s death the undersigned re- sumed inquiries for newspaper open- ings. He talked with James Hough of the American Type Foundry Com- pany. He talked with the manager of the Western Newspaper Union. This is a concern which furnishes stock newspaper plate to practically all of the country newspapers in the north- west and its officials are in constant and daily contact with all country|gist of their testimony, were: newspapers in such territory. The} Alexander F. Jones, city editor of undersigned also talked to Mr. Hais-|the Minneapolis Journal and former- lett, a newspaper broker, and to var-|ly of the Minneapolis Tribune: That jous traveling salesmen representing| Moodie told him of his intention to John Leslie Paper Company, Mc-|return to North Dakota and that his Clelland Paper Company and other] position in Minneapolis was merely wholesale newspaper supply houses.| temporary. His preference at that time was still] Frank Mayer, Minneapolis Tribune: to, obtain, if possible, a country news-|That Moodie had told him he was in paper in North Dakota if the same|Minneapolis only temporarily and could be purchased on favorable terms] was looking for a country newspaper, and the territory justified the ven-jin North Dakota. ture. The undersigned wes not in| W, C. Robertson, Minneapolis post- the market for any Minneapolis}master and former editor newspaper, sought no such invest-|of the Minneapolis Star: That he had ment because neither he nor his wife;known Moodie for 20 years and the desired to live in a large city but pre-|latter told him, shortly after his ar- ferred to be in a small town and injrival in Minneapolis in 1929 that he charge of a newspaper where he could|intended to return to North be in business for himself and where|as soon as possible. they might be in touch with their} Allen C. Lundgren, in in numerous old friends in North Da-|the district attorney's office and for- kota, = mer newspaperman: That Moodie “The Publishers Auxiliary 1s the|often said he intended to return to national house organ of the Western| North Dakota. Newspaper Union and carries the larg-|_ Bradley Morison, editorial writer est volume of advertised properties.|for the Minneapolis Tribune: That The undersigned checked each issue!Moodie and he often discussed-per- es amounting assessed at Mohall for Teal estate taxes at Mohall in the urer of Renville County, North Da. kota; that the undersigned has been @ resident of North Dakota for more the Constitution and the laws of the State of North Dakota; and that he will qualify and undertake the duties of the office of governor in accord- ance with the mandate of the people of this state voleed by them at the last general election. 11 Persons Tell of Moodie Statements if Nace ertabancentenncansnt Review of the evidence upon which that he has been continuously @ resi- more was contained in 11 affidavits read in district court Tuesday, in ad- dition to his own. Persons making affidavits and the of this newspaper for openings but)sonal matters and that Moodie con- MISSIONARIES SEIZED found none to his desire. Some time|tinuously was looking for a location shortly after the first of the year,|in North Dakota where he could be/Stam, American and 1931, Harry EB. Polk came to Minne-|“independent and his own boss.” their baby, were seized by bandits in apolis and looked the undersigned up.| T. H. Laws, assistant to Governor |southern Anhwei » Fears He stated to the undersigned that he|Floyd B, Olsons’ secretary: That/jalso were felt for the safety of two had learned that the undersigned was| Moodie told him several times ofjother missionaries in area, Rev. plans, which he never abandoned,|dent John C. West declares in his and was due to circumstances over| budget request of $968,331 for the next which he had no control; and after| two-year property taxes at Mohall in 1928 in the figures ... represent such a judg- amount of $58.10 dnd real estate tax- ene to $78.93; that he was} west said he had in mind “the fi- Personal prop-| nancial condition of the United States erty taxes in 1929 in the amount of/and of .. . North Dakota for the past $88.63 and that he was assessed for|ceveral years. I am also aware of the years 1930, 1931, 1982 and 1933, such| the state this year. Nevertheless, this information being based upon @ mes-/-ame budget board and legislature are sage received from the county treas-lentitied to a statement of facts to be "lused as evidence in the same manner Thomas H. Moodie will rely to prove | $50,990; nent of North Dakota for 10 years or | $34,340; THE BISMARCK TRIBUNE, WEDNESDAY, DECEMBER 12, 1984 WEST PLEADS FOR INCREASED BUDGET, RESTORED SALARIES U. N. D. President Says More Funds Needed If Nationally Known Men Are to Stay More funds are needed for operaion manent residence in Minneapolis; that|of the University of North Dakota, if Minneapolis present orginal| members nationally-known faculty are to be retained, Presi- Deeply-sliced salaries are asked to immediately resumed his definite and/be returned to the 1931-32 standard, continued plan to return to the coun-/minus 20 per cent, in the budget re- try newspaper business and that he|quest, which exceeds the 1933-35 ap- propriation by $466,884. “The people of the state are entitled to my best judgment as to a state- ment of the costs of maintaining the ata that of neighboring states,” President ‘West said, “but still acceptable to the accrediting boards over the country. terrible crop failure in a large part of that evidence of the ability of the state to support its institutions will be before them.” Asks Salary Raises Salaries “deserve special mention” (Institute Will Pay Tribute to West said. He pointed out the high- est paid professor or dean at the school received “about $100 less per month than the salary of a railway engineer working equal time.” In line with his beliefs, W recommended to the budget board substantial increases in salaries of all department employes. Salary schedules would be stepped up P lin the college of engineering from a total of $52,152 to $85,570; state-wide service on natural resources, $12,576 to $22,510; college of science, litera- ture and arts, from $162,826 to $241,- 520; school of commrce, $29,594 to school of education, $82,662 to $118,480; school of law, $21,230 to ; school of medicince, $19,746 $1,440 to $3,400; physical men, $5,200 to $14,640; reddened to $26,020; dispensary, a office of the dean of men, from noth- ing to $8,240; office of the dean of women, from $5,640 to $6,940; corre- spondence study department, from $14,752 to $16,640; while administra- tive salaries a be raised from $48,000 to $69,240. Recommendations made by the president have heen taken under con- sideration by the state budget board, which will make its report to the state legislature when it meets in Jan- uary. Bits of News From Republican Heads Miss Katherine F. Lenroot (above), daughter of the former Wisconsin -senator, is the new head of the Children’s Bureau of the Department of Labor. Al- though a Republican, she was.ap- pointed to the post by President Roosevelt to succeed Grace Ab- bott, resigned, as a reward for 19 years of service in the bureau. Children’s Bureau BANQUET T0 HONOR 4-H CLUB WORKERS _— Advisors; to Name Two Most Outstanding est has| Fargo, N. D., Dec. 12.—()—Accom- plishments of 4-H club’members and leaders will be recognized Wednesday night when 600 townspeople and del- egates to the 25th annual state 4-H ‘Achievement Institute assemble for fraternity at the N. D. A. C., will) honor the member who has distin-| guished himself in agriculture, while clothing and foods projects will be Tecognized by Phi Upsilon Omicron, honorary home economic sorority at, & banquet. Alpha Gamma Rho, the work has been outstanding. Livestock and crop judging held the|ties in America on the ground the fednesday | moveme! Throughout World | |presice ASK PARLEY POSTPONED ‘The Britt in the market for a North Dakota|his desire to return to North Dakote.!E. A. Kofield and his wife. Valley City, N. D.: newspaper and offered the under-} C. J. Carlson, investi- signed an interest in the Williston|That Moodie asked him Herald with the understanding that the Ss. of the Walhalla] Montreal—Royal gate purchase this affiant would have complete|Mountaineer and other newspapersjed police sought 61 persons through- charge of the newspaper as editor andjand shared the expense of such in- would determine the editorial policy. . Also that Moodie had vestigation. These negotiations continued until}rejected opportunities to buy news- out Canada on @ blanket warrant charging them with defrauding the and Quebec governments March, 1931, when a deal was made.|papers in South Dakota and Montana |of $5,000,000 in liquor smuggling oper- It was necessary for the management | because he wanted to return to North of the Williston Herald to have about a month or six weeks to close up af- fairs at Williston in order that the|son: That she heard Moodie, expre: new management might take over the|his desire to return to this state dur- government newspaper. When these details were|ing conferences between him and her |constitutional guarantees in finished the undersigned was notified | husband, which she attended. and on April 6, 1931, took charge of the} John Cleland, Minneapolis Williston Herald as editor, which he|That Moodie, upon arrival in Min- has since continued to manage, and|neapolis, of his to ion that date he and Mrs. moved to Williston and have lived ‘Williston since that time. “On arrival at Williston, the under-|saw Moodie signed and Mrs. Moodie obtained a house, had the radio and thei household effects brought to Willis- ton, bought additional furniture set up permanent housekeeping their permanent home. Mrs. Moodie member |in North Dakota. had been for several years a Major Anders Heads Officers Association i ze 3 igned Mohall, this membership was not transferred because no similar church organization was in Mohall. How- ve regularly ‘Minneapolis in the church of her faith but did not transfer her membership|roy to Minneapolis because of her tempor- ary arrangements of living there. However, when the undersigned pur- jchased an interest in the Williston membership from Wahpeton to church of her faith at Williston, North duty of citizepship to vote. no ‘understanding at that provinces. ‘Tribune: | army officers have sumably for three It was reported that been retired, pre- TO KEEP GOLD scan Mussolini’ organ, Popolo d'Italia, assured the nation that Italy plans to remain on the gold standard, despite contrary rumors, CHIANG SCORES LEADERS jongkong—A rift between the Can- ‘Dakota (By The Associated Press) social ture, addressed the older boys, Magdalene Stutsman and Pectively, conducted girls’ Groups. Canadian mount- — will continue through One use of the photo-electric cell is kidnaping to prevent the IN AMERICA | ¢ Joseph Nathan Kane Authge of “Famous First Facts”! HE 1794 tax lasted only two years. The first tobacco tax under the internal revenue sya- tem went into effect Sept. 1, 1862. In the beginning, strikers were treated as conspirators, but convictions seldom were obtained. “Forks of the Tar River" was formed originally in 1771 by James Bonner, who owned all the | U. §. 1S PROPOSED ‘The institute will pay tribute to} the leaders who have given their time, Heiberg and Ruth She- perd, home demonstration agents for! Williams county, res- discussion land on which it was situated. URGES CAPITALISTIC FARMING RETAINED sent to the membership, wil meither ‘ , 3 Beara, a by the , which simply said it was for Bureau Counsel Declares Good | next’ annual mowting. lttcg of System Should Be Kept, |, Today it is Soviet nsplanted to the Evils Discarded still under Soviet done tot oft it the torch of revolution by vi ” Nashville, Tenn., Dec, and sath ae tie zeport America’s agricultural in form, says Donald Kirkpatrick, |@Conomic order. general counsel of the American farm i “Conduct which today “The American farmer,” he said,|f actual warfare against thee one “should and will continue to own and|ment solely because the time is control his instrumentalities of pro-|thought not yet opportune for the duction and directly so, as the per-| Violent overthrow of the government, sonal proprietor and master of his|but which looks to such warfare as junit, obtaining @ fair return on: his|800n as sufficient strength has been gathered, should be put under effec- tive restraint from the start allowed to develop to the the most vigorous effect savings through collective ac- tion. “I might remind you,” he said, “that it is the job of the farm organ- ization and its service organizations to solve the farmer's problem before starting in on the thankless task of Tevolutionizing the world. . . We do not need to enter entangling al- Mances at this time with other move- ments.” fally products he classified as non- itural, Increased imports, Wallace declar- ed, “would give us a sound foreign market for wheat, cotton, tobacco and our other exports.” ANTE-RED LAW FOR for the Holidays §. and 2 cents a mile in etand- - afd Pullmane, for round- trip travel on the Northern a Railway. Berth ex- Chamber of Commerce Points pokey Tota oe Out Lack of Statutory Con- 134 cents a mile.) trol Over Communism Tichets on Sele Dec.13 to Jen. 1. Return limit Jen. 15. ' wi Dec. 12—(P)—A : 4 mt “bears the torch of revo- Important Travel News! For summer, all cars will be-air-conditioned on the North Coast Limited a Cold’ BECAUSE THEIR BANKER DIDN'T’ Running a sound bank has been quite 2 problem the last few years. Under the pressure of unsettled general conditions and our ight lessons on sound lending we may have seemed 2 little “tough” at times: Frankly most of thé “rumors” about how ‘we were turned out to be pretty badly twisted. Things are brighter now: Some of our severest critics * kept them from it. Our de- [ i f = E i t i i { [ First National Bank © The Pioneer Bank” BISMARCK, NORTH DAKOTA Affilieted with FIRST BANK STOCK CORPORATION Corwin-Churchill Motors, Inc.