The Bismarck Tribune Newspaper, December 22, 1934, Page 1

ESTABLISHED 1878 FROM STATE ROADS AS MISTS SPRE AD Elks Lodge Makes Major Dona- tion to American Legion Open Heart Drive Holiday Travelers Told to Stay Off Slippery Oiled and Paved Highways ZERO TEMPERATURE. SEEN|Number of Toys Increased Sat- urday; Effort to End Monday Night OTHER GIFTS REPORTED Snow Flurries General in North Dakota; Blizzard Whips Over Montana qt See a weather bureau here, ture can be evening. Today is 55 i zi E i AG z gE ii Your Heart” headquarters, 27. EL 5 y i ie i ¥ : a 8 Fa i l i E i fe 3 : F g § : z g i i H i | ii é E ( 8 EF é E é i iL fi a F 2 Fo F] : i i ii 4 : F H | i EE I i : E f : iH [ 5 i 4 Pag ; i Qo | i r4 & é | agg ! i '¥==] THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, SATURDAY, DECEMBER 22, 1934 ° | Dead, Says Moll CIVIC ASSOCIATION — NAMES COMMITTEES Annual Dinner Meeting Set for January 22; Membership Conferences Slated Department committees to carry on work of the local Association of Commerce during the coming year were named Friday at a meeting of the board of directors, ‘The board decided to hold the regu- lar membership conferences in three Sf i Gross Income Measure With Proceeds for School Use Backed by Educators Measure Revised to Set a $3,- : 8 biennial of law- ee a "1 900,000,000 Limit on Cur- will Ree eee eee rency Expansion 22.—(P)—Sup- bill to Re F ? ' = if i i ' : i g5 i i E 38 Ay fi E i 3 i : I sé 5 i | | 1 il i t i h BE ig i q i i EE 8 i | | i rf & 4 s g, Hh E F ! i : i ; <7 at it FI i e | if t il EE fi l : 3 if : z i ge : | | i , 7 : 3 zl : i { ff ! HHly administration indebtedness by making real- i I L E E E E : ? E i i z separate sections and a committee ‘was appointed to make the necessary arrangements. Members of the com- mittee are George Bird, Dr. H. A. Brandes and A. R. Tavis. The three meetings were tentatively set for January 7, 8 and 9. Date for the annual dinner meet- ing of the entire membership of the association was set at January 22. Committees named are: Agriculture—J. A. Larson, chair- man; George Duemeland, J. P. French, Carl Nelson and H. O. Putnam. Aviation and Tourist Camp—R. B. Camp: J. R. Fleck and F. L. Moule. City affairs—Dr. H. A. Brandes, chairman; M. H. Atkinson, 8. W. Cor- win, W. B. Couch and Paul Wachter. Entertainment—A. R. Tavis, chair- man; W. 8. Ayers, N. O. Churchill, J. L, Barth and F. A. Copeland. Finance and membership—H. J. Duemeland, chairman; B. F. Lawyer, Harvey Niles, J. P. Wagner and F. H. Highways—J. L. Peterson, chair- FOURTH TRIAL SEEN MARTIN ACQUITTAL Further Embezzlement Charges to Face Fallen Utility Chiefs First of Year , STRONGEST CASES LOST Deliberate 14 Hours; Two Hold Out for 10 Ballots Before Being Won Over. Chicago, Dec. 22—(#)—The ques- tion, “Will there be @ fourth Insull Prosecution?” brought affirmatives from tors Saturday. Rebuffed for the third time in succession by a jury which adjudged Insull management of their two billion and acquitted Friday of embezsling $344,720, the state's attorney's staff pointed to the January court calendar. It listed further embezsiement trials for Martin, on Jan. 15, and for Sam- uel, Sr., freed last month along with his son and 16 associates in federal court on mail fraud charges, on Jan- 9. uary 9. But their reputedly strongest case had collapsed, the mail fraud indict- ment, the Middle West Utilities em- beszlement charge against Martin and the first Insull case which resulted in acquittal of Marsall E. Sampsell of an embezzlement count which had been acclaimed the prosecution's heavy artillery. The others were to be held in “re- serve.” Prosecutors studied them in- tently Saturday, weighing their chances after three successive defeats. But they ignored current reports that the last Insull had faced a criminal court jury when Martin won his vic- tory Friday. Sixty-four-year-old ‘Martin, happy his exoneration of theft from ‘West Utilities ‘Jury Geliberations of 14 4 hours. which 11 ballots were taken, beamed thanks in the courtroom to the jury- men for giving him a “very merry Christmas.” ‘What his future plans were, he did not disclose. But it was reported he would not resist deportation to Can- ada. As @ British citizen, he was ex- tradited to the United States from the dominion on the embezzlement in- dictments only. ‘The 14-hour session of the jurors Friday had disturbed the waiting defendant and his friends: The federal mail fraud jury had acquitted Samuel Insull and associates in two hours. jurymen ‘who ques- of Martin to purchase held out for 10 ballots before they were won over to the majority side in arguments that waxed audible outside the juryroom at times. High Court Sustains Poor Relief Ruling Poor relief granted for support of minor children of an indigent father gee 5 g 5 i z & Hi man; A. E. Brink, F. M. Davis, H. C. Frahm and Fréd Peterson. Canna, chairman. Industries: ‘T. P. ‘Allen, W. G. Renden and James Trim- ‘ble. Rates: E. M. Hendricks, W. T. National and state legislation—C. L. Young, chairman; Alfred Zuger, J. E. Davis and Thomas Burke. Peterson Is Named Dairy Commissioner Announcement that Carl G. Peter- operator at i Be digent, complained he was not receiv- ing his share of relief, pointed a pistol at a Hood River judge and pulled the Plunging beneath the waves after a mighty struggle with hurricane-lashed seas, the British freighter Usworth is vividly pictured here as it went to its doom in mid-Atlantic, while 17 men died just as salva- tion seemed certain. The Jean Jadot, French ship, and the Cunard White Star steamship Ascania, stan ing by after the distress call, rescued 11 of the Usworth’s crew. After several futile efforts, the Jadot’ lifeboat took off 15 of the freighter’s men, but the boat capsized, hurling the 15 and two of the Jadot’s crew into the water, where all died, most of them choked by the heavy oil which had been pumped into the ocean to still the waves. This dramatic picture was snapped from the deck of the Ascania and rushed CHRISTMAS SPIRIT MARKS OBSERVANCE BY CONGREGATIONS Special Music, Recitations and Other Items Are Listed on Programs With festive services, programs and Sunday school entertainments, Bis- marck churches of all denominations to those will observe 1934. pastors extend invitations who belong to their churches by faith, those who have no church home or those who are interested to worship with their congregations. Of the Lutheran congregations, Trinity Lutheran will have Christ- mas eve services at 11 o'clock and & Christmas day festival service at 11 o'clock, the First Lutheran church has planned Christmas morning ser- vices at 6 o'clock and the Zion Evan- gelical Lutheran congregation is to have # 7:30 o'clock service on Christ- mas eve. Ohristmas Sunday rather than Episcopal services on Sunday will be at 10:30 o'clock and in the evening the church school will give a program at 7:30 O'clock. ‘The Gospel Tabernacle will have &@ Christmas eve service at 8 o'clock. St. George's services will start at 11:30 o'clock (retary Dern, Monday evening. Services scheduled for Christmas day are those of St. Mary's Catholic church which has planned masses from 5:30 to 10:30 o'clock on Christmas morning and the pied Lutheran morning service at 6 Trinity Lutheran Carols and anthems by the choir are included in the elaborate candle- light service at Trinity Lutheran at 11 o'clock Monday evening. The order of worship will be: “Silent Bruce . “O Little Town of Bethle- (Continued on Page Three) Merchants’ Tills Ring Merrily as ica’s retail business houses this month have established s t= mas trade reaching toward pros- i ‘Court Ponders Moodie Tan Cold Wave Forecast As Winter Makes " MOTORISTS WARNED (Christmas Trees Donated to Needy) FOR INULLS AFTER _ Camera Catches Freighter Plunging Beneath Waves; 17 Die from Halifax to New York by plane. M’Kirdy Returned to Face Murder Charge Dickinson, N. D., Dec. 22—(P)— Herbert McKirdy, held at Jamestown, will be brought to Dickinson Saturday to face second degree murder charges for the killing of his wife, Assistant State’s Attorney H. A. Mackoff said. McKirdy, who confessed to the killing which previously had been held accidental, has indicated he is willing to plead guilty, according to State's Attorney Theodore Kellogg. A formal charge against McKirdy is expected to be issued Saturday, Mackoff said. =/WORLD ARMS QUIZ IS PROBERS’ HOPE AS HEARING ENDS Committee to Ask More Funds From Congress to Continue Investigations Washington, Dec. 22. — (#) — The senate munitions committee, its last dollar spent investigating the arms industry, indicated Saturday it was pinning its hope on world opinion to’ bring further inquiry here and abroad. The inquiry, winding up its six- weeks of pre-Christmas hearings Fri- day, received an emphatic assertion from the war department, opposing nationalization of the munitions in- custry as “a policy which would fail in war and therefore does not appear logical in peace” ‘The statement, presented by Lieut. ‘Christmas |Col. C. T. Harris and approved by Sec- argued it would cost $1,- 00,000,000 at the outset to national- ize the industry and provide for equipping 4,000,000 soldiers. The up- keep was estimated at $80,000,000 an- nually, which the army high com- mand contended would double the peace-time cost of national defense. Chairman Nye (Rep., N. D.), imme- diately replied his committee would shoot this argument “full of holes.” With the committee's $50,000 gone, however, it was up to the senate to say whether the inquiry would go on. Committee members, planning a re- quest for more funds, say at least $50,- 000 additional is needed. Before meeting Saturday to decide whether they would couple any rec- ommendations for legislation with their request for more money, com- mittee members expressed satisfaction chat Great Britain had set up a royal commission to investigate munitions. Some of the senators expressed hope the British inquiry would not be a “whitewash.” Testifying Friday about the war de- partment’s plans to mobilize national resources for any future war, Col. Harrie denied a contention of Sen- ator Clark (Dem., Mo.), that a draft of labor was contemplated. Debut fi NEARLY THIRD OF | STATE POPULATION ON RELIEF ROLLS October Summary by Willson Shows Increase in Costs of $341,309.66 Almost 30 per cent o: North Da- kota’s population was on relief rolls at the end of October, according to the October summary issued Satur- day by E. A. Willson, FERA admin- istrator. During the month fo October an increase of 4,641 cases was reported, including 27.794 persons. Increased costs totalled $341,300.66. Total amount of money expended for relief during the month was $1,211,168.11 of which sum $94,518.16 ‘was spent by the 52 of 53 counties en- gaged in relief work in cooperation with the federal government. Total number of per ons receiving aid during October was 196,938 in comparison with 169,144 persons on the rolls during September. Accord- ing to the 1930 census North Dakota had @ population of 668,245 persons which means that 29.5 per cent of state residents were on relief rolls October 31. Cases Increase to 42,051 Number of cases receiving relief during October was 42,051 in com-| parison to 35,810 cases during Sep- tember. The figures include drouth relief as well as human relief, each case, however, only being counted once. Drouth relief cases do not re- ceive groceries, coal, clothing, etc. Hardest hit section of the state is the Northwestern section where one county has 77 per cent of its popu- lation on relief. Only one county, Trail, does not receive federal aid. This county had excellent crops. One factor in the increase of ex- penditures is attributed to distribu- tion of winter supplies of coal and potatoes, a step taken in anticipa- tion of cold weather setting in early. Average amount extended to each Person represented in cases receiving October relief was $6.15. The average Telief for October was $26.20 per case. A case may cansist of one or more persons in the same family. . 20,161 on Work Relief Persons receiving federal aid are asked to work out most of the relief. During the week ending Oct. 25 there were 20,161 relief persons lab- oring on work projects compared to 14,002 working relief recipients dur- ing July. Since May there has been worked out on past relief a total of $1,965,871.96. This includes both hu- man and drouth relief. Issuing of stock food to relief cases has been materially decreased. During October only $61,056.10 worth of stock food was delivered to clients. The transient cepartment expended ton, N. D., 5, 1935, entrance examination West Point. The two candidates were nominated by Rep. Sinclair. Snow _ tonight; Wave tonight or The Weather Sunday fair; Cold Sunday; strong wind PRICE FIVE CENTS LACK JURISDICTION TO SUE WRIT OF QUO WARRANTO NOW Both Sides Seek Means to Avoid Possible Legal Snarl by Immediate Action WILL REPORT LATER TODAY Argue on Appeal From Injunc- tion to Keep Governor- Elect From Office Indications Saturday were that Thomas H. Moodie will take office as governor of North Dakota on Janu- ary 7 and that shortly thereafter the supreme court will issue a decision determining his title to the office. This was made apparent Saturday when the court, at least by inference. refused to take jurisdiction in an application for a writ of quo war- ranto, despite urging by both parties to the action, and heard arguments on the appeal from an order of Dis- trict Judge Fred Jansonius in which he denied application for an injunc- tion to keep Moodie from taking of- ice. Decision in the injunction appeal has not been made by the court but from questions asked it seemed a good guess that the lower court would be upheld. Francis Murphy, special at- torney general seeking the injunc- tion, admitted that he could cite no cases in support of his application for an injunction whereas his oppon- ents cited a score. Issues Involved In Moodie Action The decision expected late Sat- urday by the supreme court in the Moodie disqualification proceedings, regardless of what it is, will not be the final word on his eligibility. Involved in the present case are cedure will be followed in further Prosecuting the action against Moodie. The two issues involved in the action now before the court are: 1. Whether the district court’s decision vacating temporary re- straining order, which prevents issuance of @ certificate of elec- tion to Moodie, is to be sustained or the case sent back to the lower court for trial on its merits. 2. Whether the court will as- sume jurisdiction at this time in @ quo warranto action which would to show “by what right he holds office.” If the temporary restraining order is quashed, Moodie will be in &@ position to take office January 1 Assuming the court quashes the restraining order (observers on both sides regard this as highly probable in the light of astate- ments made by attorneys on both sides), the only question remain- ing will be whether quo warranto proceedings are to be heard be- fore Moodie takes office or after. The court indicated its reluct- ance to consider the quo warranto writ before the governor-elect is in office. Should the court decide not to hear it and the restraining order is vacated, Moodie would go into office January 7. It is a cer- tainty quo warranto action will be started against him after he takes office if the court does not hear it now. There seemed a remote possibility when court adjourned at noon that a way might be found for the court to take jurisdiction of the entire sub- ject before January 7. This might be done under the terms of the declar- atory judgment act, invoked in the Langer removal case, the court ask- ing attorneys to look into the matter and advise it as to their opinions. The judges made it clear, however, that they do not feel they can take jurisdiction under s writ of quo war- ranto at this time since that action applies only where a man is exercis- ing or assuming to exercise the duties of an office. Agree Case Is Urgent Various members of the eourt join- ed in expressing the view that the case is an urgent one and that it eventually will have to take juris- diction but indicated that it will be forced to adhere to the constitutional and statutory forms governing its ac- tions. As the session ended attorneys were asked to be on hand again at 4 p. m., and to hold themselves subject to call in the meantime. Both groups of lawyers indicated they would search the books for means whereby the court could take jurisdiction over the subject matter without doing vio- lence to constitutional provisions gov- (Continued on Page Three) would take similar ction, a ak. On the record as noon, West Point Named|ii: ‘