The Bismarck Tribune Newspaper, December 22, 1934, Page 6

6 THE THREE THREATENED WITH LYNCHING BY MOBS IN ALABAMA Two Whites, Negro Held Under Heavy Guard Following Holdup Slaying Andalusia, Ala., Dec. 22.—(?)—Two! white men and a Negro were under heavy guard here Saturday after mobs had threatened to lynch them at Florala, 27 miles away. The three were captured Friday af- ter a chase across swamplands fol- lowing the slaying of Trammell Steele, owner of a filling station at Laurel Hill, Fla. They were placed in jail at Florala, but a rising feeling against them caused officers to spirit them away. Deputy Sheriff L. E. McLaughlin said several mobs had formed at Flor- ala and Laurel Hill early Friday and had threatened to take the men from the jail. He said parties of men had hunted Sheriff J, T. Steele and his prisoners all day. The situation was quiet here early Saturday with no sign of a disturb- ance, Steele was shot and killed Thurs. day night when two men bought some candy at his filling station and shot him as he turned to the cash drawer. The names of the three men held here were not disclosed. Deputy Mc- Laughlin said no charges have been placed against them. FUNERAL RITES SET FOR KDDER VICI Combined Services Will Be Held at Pursian Lake Lutheran Church Monday Victims of the Kidder county trag- edy, in which three men died Thurs- day, apparently from suffocation, will be buried Monday afternoon follow- ing ceremonies to be held at the Pur- sian Lake Lutheran church, 12 miles south of Steele. Hartvig Sterk, 63, prominent Kid- der county farmer, and Nels Berry, 69, and Olaf Borrud, 49, both bach- elors, are the three men who will be buried at the combined services. Rev. Peter Flubog, pastor of the Lutheran church, will conduct the ceremonies. All three bodies will be Jaid in the cemetery nearby. A coroner’s jury Saturday was ine vestigating the cause of death. It has been indicated that the fire from an overturned lamp spread through kerosene which had spilled and the Tesultant smoke caused the trio to die from suffocation in the tightly- closed Berry home, where Sterk had Sone to visit. Coroner N. J. Ness, who is conduct- ing the investigation, was in Bis- marck Saturday afternoon examining the bodies. He was accompanied by telatives of the dead men who were making arrangements for the funeral. Ness said he expected that a, verdict as to the cause of death ‘would be feached some time late Saturday. Mr. Sterk leaves his widow, a daughter and a step-son. Cc ONTINUE D from page one Lack Jurisdiction To Issue Writ of Quo Warranto Now that injunction is the wrong form of action to try title to a public office. Hands Tied by Statutes Both sides joined in declaring it - strange that the court could not find way to hear the entire matter on merits and decide the case before time comes for Moodie to take . Members of the court agreed that it would be desirable to get the > Matter out of the way quickly but » held to the principle that it would hhave to abide by th: laws governing its actions. In this connection, Chief Justice Burr pointed out at one stage of the discussion that the court had refused to take jurisdiction in the Langer removal case when it first pied brought to the attention of that The court's refusal to act on the quo warranto application wes based on the fact that there is no provision in the law for a contest on the title to a state office. He admtted that it “seems strange” but asserted there apparently is no way for the court t2 legally inquire into the question of Moodie's eligibility until he as- umes to act. Even as they u:ged the court to take jurisdiction, lawyers on bora sides admitted taai all the cases in point sustained the court’s conten- tion that a quo warranto proceeding now would be premature. They ct- tempted, however, to get around these precedents by pointing out that the court would have to decide the matter eventually and that, in the public interest, it should be decided now. Both parties to the action as- serted repeatedly that, as a practical matter, they were willing to waive the question of premature action in order to get the issue settled. Record. Is Settled Meanwhile, inquiry of attorneys on both sides, brought to light the fact that the record, as it eventually will be presented to the court for decision, a is ig ‘This is the eggt junction hearing x court, In it the state con- pL Hy “ i QTF5 t ! fense contends that becat He veil i uy Ee lle He be heard by the court at once, just | Fargo Catholic diocese, who died St. Paul, Dec, 22.—(?)—After nearly 23 years in prison for mur- der during which his thoughts ever wandered to a boyhood sweetheart across the sea, Michelangelo Gentilcore was bound for Italy and his love Sat- urday—realizing dreams can come true. In a few short weeks the 28- year-old vigil of Maria Delando in the hills of Naples which Gen- tileore knows as home, will be ended. As an 18-year-old youth, his heart filled with hope for America, the Italian had left his native land for one of greater opportunity. But the golden future in Amer- ica for Michelangelo Gentilcore, which included earning of passage for his mother and Maria, ended behind the cold bleak walls of the Minnesota state penitentiary at Stillwater. A mining camp brawl —a man killed—and Michelangelo was convicted of murder, sen- tenced to life. 7 As Gentilcore plied hammer and Death Claims Fargo Catholic Bishop Funeral services for the most Rev. James O'Reilly, bishop of the unexpectedly Wednesday at Fargo, will be held Dec. 27. Many Catholic dignitaries, including the most Rev. John Gregory Murray, archbishop of St. Paul, who will sing the requiem mass, will attend. Pardoned Italian ‘Lifer’ Returning Home Where Sweetheart Awaits Him awl at his assigned task of cob- bling in the prison, a world was reborn. The World War was fought, kings and emperors were deposed, and new nations acclaim- ed. His mother grieved and died. But his sweetheart loyally ’wait- ed in Italy. Then came the culmination of dreams. A state pardon board -Meeting heeding numerous peti- tions in behalf of the cobbler— and finally the opening of prison gates Friday that symbolized freedom and Italy for Gentil- core, 2 In one of two suitcases clutch- ed by the pardoned man were some of more than 500 letters he received from all parts of the na- tion—pleading for his - release. The other contained gifts of wearing apparel, stationery and a crucifix. The latter came from Thomas P. Martin of Oklahoma City, chairman of the Oklahoma good roads committee, with the note, “the best of luck to you and God bless your sweetheart.” decide the matter practically at the same time Moodie took office. Francis Murphy, however, opposed this suggestion because he said he was not prepared to argue the merits of the case but only the question as to whether the court should take jur- isdiction, The basis for the supreme court's contention that it cannot now accept jurisdiction was the possibility that the decision would not be binding on all who might have a possible in- terest, Judge Christianson asking “are there not parties who would be in position to challenge our action” if the court assumed to act and Judge Burr inquiring “what if Welford should come in and contend that he is entitled to act as governor and of- fer to introduce new evidence. The decision would not be binding on him because he is not @ party to this case and would have had no opportunity to be heard.” Judges Make Thorough Study To this both sets of attorneys ar- Sued that, since the attorney general represents the state he represents every citizen and, on this basis, al- teady represents any interest Wel- ford or any other citizen might have. Walter Welford’s name came into the ant governor-elect and, as such, might succeed to the office in case Moodie is disqualified, A significant comment with regard to the question of jurisdiction was that of Judge Christianson that all the members of the court had been studying it and C. J. Murphy's re- Joinder that they probably were much more familiar with the” law regard- ing it than any of the attorneys who were presuming to argue the matter. Representing the secretary of state, C. Leibert Crum asked that the in- junction question be decided quickly in order that the secretary may do his duty and issue to Moodie his cer- tificate of election. Francis Murphy Previously had characterized such is- suance as an “illegal act” and C. J. Murphy had contended that such is- suance was not important any way since it only constitutes formal no- tice to Moodie that he was elected and is not necessary to warrant him in taking offic Arlington Bowen of Mohall Dies in Crash Mohall, N. D., Dec, 22,—(P}— Arlington Bowen, 35, living five miles west of Mohall, was killed Friday evening when an automobile in which he was riding went into a ditch and overturned near his home. Sheriff H. R. Gieselman of Ren- ville county said that the car was being driven by Robert Shong of Eckman, who was on his way to visit his mother, who lives near the Bowen home. An inquest is to be held in Mohall Saturday. had gone out shortly before the ac- cident happened. The sheriff also said that there is @ possibility that criminal chargcs may be prefe.red, depending, how- ever, on what evidence is developed before the coroner's jury. Bowen was single and lived with his mother, discussion because he is the lieuten- |‘ The sheriff said that Shong Te-| Ported the lights on the automobile} iElks Distributing Announcement that the Benevolent and Protective Order of Elks will dis- tribute Christmas baskets in 20 towns of the Missouri Slope area was made Saturday by G. L. Spear, ruler. In each town where the lodge has one or more members, Spear said, ar- Tangements have been made to dis- | tribute a basket. The work will | charge of the Elks living in eac! and the bill will be paid by the lodge. Male Chorus to Be Organized in City Decision to organize a male choi for Bismarck to be American Legion chorus was reached Ht et Although not all of the choristers are legionnaires, it was agreed that control of the organization should be chorus and select the date for the or- ganization meeting, was as follows: Sig Lillehaugen, chair- man; Ralph Truman and A. R. Tavis, High School Does Bit Toward Holiday Cheer Bismarck high school students con- tributed $9.75 and a great number of jtoys and little gifts to the American Legion “Open Your Heart” campaign, it was announced Saturday by W. H. Baskets to Needy at Friday night by a group of local vo- | Total, on FRENCH DENOUNCE WASHINGTON PACT Await Abrogation by Japan Be- fore Notifying Signator- ies of Stand Paris, Dec. 22.—()—France, like Japan, turned against the limitations be the Washington naval pact Satur- lay. Meeting in secret session, the for- eign affairs and naval committees of the chamber of deputies decided that for France, the treaty must die at the end of 1936. The committee members agreed that formal denunciation is not nec- essary, since Japan has undertaken that action, but an authoritative source said that otherwise, the gov- ernment would be forced to take the same steps to assure an end to the treaty. Upon completion of the formality of abrogation by Japan, it was under- stood that France will content her- self merely with notifying the other four signatories that she considers the treaty defunct after 1936. The Washington pact automatically expires that year, but, it was ex- Plained, France feels she is obliged to give formal notice of repudiation to preserve her freedom of action. An official announcement said that France had no intention of acting Jointiy with Japan in denunciation. The announcement, issued after the committee meeting, also termed “de- void of all foundation” a report the French government had decided to denounce the treaty shortly. It was authoritatively explained that opposition to the parity system as established by the Ws treaty prompted the government's de- = to jettison the arrange- ment, French naval leaders frequently have insisted that the ratio of 1.75 assigned to France, compared with 3 for Japan and 5 for the United car and Great Britain, was inequit- le. —— | Weather Report | FORECAST For Bismarck and vicinity: Snow tonight; Sunday becoming fair; Cold saad {onight or y Sunday; strong northwest winds. For North kota: Snow night; Sunday becoming fair, ex- un, with severe Cold Ware Bunday; Strong sevel a . northwest winds, ee For Minnesota: Snow probable Saturday and Sunday; severe cold wave with much colder cen- tral and west ions, For Mont GENERAL CON A well developed seasonal normal from the Mountain states eastward to the Great, , but colder weather prevails in Saskatchewan and Alberta. Bismarck station barometer, inches: 27.65. Reduced to sea level, 29.46, ‘Weekly weather outlook tod from Dee be 2o ago fF the Der For the upper ‘Mississippi and low- er Missouri Valleys and Phe northern and central os Plains regions: af Ss oS SKOREE ELSE S880 082 Ly re Payne, principal. Donations were entirely voluntary, the atudents leav-, ling whatever they wished to give at the principal's office on Friday. In addition to this, the home Par ade & donation of 50 glasses jelly, which previously has been acknowledged, am Will Close Capitol For Both Holidays “Nelson Sauvain, chairman of the ;State board of administration, said \Saturday that the state capitol bulld- jing will be closed all day on both Christmas and New Years. The ac- tion was taken, he sald, in order that service employes might spend the two days at home with their families, MAINE GETS LIQUOR ‘Portland, Me., Dec, 22.- liquor made its debut in Maine Sat- urday, ending three-quarters of @ jcentury of prohibition, o-oo | City and County | @ | County Judge I. C. Davies issued a jMarriage license Friday afternoon to |Walter W. Scott, Regan, and Miss Frances Margaret Davis, Wilton. TILL FURTHER NOTICE! We will take school and county warrants in trade. Alex Rosen and Bro. ‘ 3 i 5 aD i i AEE eRL OBES A SSSSSaSLSSaSREVE ae FE i = ef SRSSLaLSSSFSSSSSRSSHSEN: SLAKVSKES RSSAS Ro VSSSSLSSSSY: BBRESRESBRRESSRSRbeSSbSSeSSeeSeRs ueskasseeeseeeeneet Winnipeg, {Additional Society { ——____—_ Mrs. Mary Ryan, 230 Main Avenue ‘West, is critically ill with pneumonia and is being cared for at the Bismarck hospital, where she was taken Thurs- day evening, Mrs. Ryan has been in i health for midaa) months, ; * Miss Thelma Liessman is home from the North Dakota Agricultural college, Fargo, for a holiday visit with her parents, Mr. and Mrs, Charles Liessman, 616 Seventh &t. Man., ‘ SAVING. BISMARCK TRIBUNE. SATURDAY, DECEMBER 22, 1934 Local news is supplied by of special representatives. sented. Markets and stock quotations are furnished Bismarck Tribune readers dail? by the Associated Press. Woman interest is sustained by fashion and health articles. Other features of interest to women are covered by personal social news items. The editorial page is aggressively constructive in behalf of Bismarck and its trade territory. Its policy is cal- culated to enlist the confidence of every reader. frohat thos \ c ed OAS RADOLAN The Next North Dakota egislative Session anuary 8, 1935 a staff of competent reporters and The Tribune's trade territory is covered by a staff This assures The Tribune's leadership in reader interest in all its territory. Seven fine comics are published daily in addition to an editorial page cartoon, “Out Our Way,” Hoople. Interesting special features are offered The Tribune's readers as they become available. Sports news is covered by a competent staff and all phases of sport activity, local, state and national, are pre- CLUB No. 8-128 THE eas TRIBUNE, Value $7.50. You Save $2.00 PICK FOUR MAGAZINES Bienerees Tribune, 1 Yr. GROUP B 3: Magazines - (5 the Country Hosa yee, Group B Cle if $550 1 ety id, boys 2 yrs. 6 mon, Annan ewe eeeeeeee ) Suc. Farming ()_ Everybody's Pltry. Ma, yra, ©), Woman’ the four magazines you desire and fill out cou- pon below. rid. 178. Value $10.00. You Save $3.75 BISMARC! THE BISMARCK TRIBUNE, soit Ea | Al Five | HE res Reet | AMG mieéi et oe All Six House! Magazine, ,. FOR True Magazine, 1 Yr. McCall's Magazine, fe a ft — ga 1 ye FOR Pictorial ar 1Y¥r. FOR ‘The Farm Journal, 1 Yr. Farm nave. Better Homes & Gardens, 1 Yr. Value $6.25. You Save $1.00 $525 te ge a ey ‘a0 $550 The ¢ Same, 1 Ye. : $585 fou Save $3.40 . (rnmueiaieniamenminaiiimaeaeess: — CLUB No. 8-122 ‘CLUB No. 8-130 THE BISMARCK TRIBUNE, CLUB No. 8-132 1 Year -"| All Five | 78* BSMARCK TRIBUNE, All Five | 7HE-BISMARCK “ gr ll FoR | McCall's Magazine, 1 Yr, wee, | AMS Good Stories, 1 vr.” $540 Woman's Weld TYR TT Magasine,1¥r. | FOR Country Home, 1 Yr, Successful 1¥ a f Sports Afield, Tr. * Value $7.00, You Save $1.60 vee ee wy $560 Amertonn Pouticy Jeni. 1 Yr. $600 CLUB No. 8-123 Value $10.00, You Save $4.00 THE BISMARCK TRIBUNE, CLUB Ne. 8-126 1 Year All THE BISMARCK TRIBUNE, ‘ CLUB No. 8-131 Rictotie) Rerion, 33s. Seven 1 Year st All Six ‘THE BISMARCK All Five Good Stories, 1 Yr. FOR _| True Story Magazine, 1 Yr. FOR =| Liberty Mag. (52 Issues) | Mother's Home Life, 1 Yr. Good Stories, 1 Yr. Delinester, 1 Yr. , Foe American Poultry Jrnl., 1 Yr. $ 0 The Country Home, 1 Yr. $ 5 Good Stories, 1 Yr. The Country Home, 1 Yr. Capper’s Farmer, 1 Yr. 62: Farming, 1 ¥r. | $575 YOUR FAVORITE MAGAZINE FOR A FULL YEAR AT A BIG YOU CAN GET THE BISMARCK TRIBUNE, 1 Year With American Boy ... Pathfinder (Weeki: Physical Culture Fletorial Review a view of Reviews BerIsIIssssssssssssyssszessss= VIII Tssrsssszsszsssssssss33 Reg. Value one BSTIIVsssssszzzssssssssss233 SSESEEERSESEESEESSE SEREES THE BISMARCK TRIBUNE 1 YEAR AND 4 $600 FAMOUS MAGAZINES—All Five Only...... © Officially Opens - This coming session will be important his- tory for North Dakota. You will want to keep posted on legisla- tive matters, to learn through our special staff of Capital News Gatherers the daily happen- ings and watch the trend of events as they are worked out by those to whom you have dele- gated these important tasks. bi The Bismarck Tribune Is a newspaper that will bring to your home each day the exact news of the legislative as- sembly, uncolored and unbiased, and Major Look them over and take your pick of the finest group of magazine bargains ever offered to the readers of ‘“ The Bismarck Tribune CLUB Ne. 8-125 Successful Value $8.75. You Save $3.00 PICK ANY FOUR () Woman's World - Syra, q rf re C * NOTE—You may check 1 of the following instead of Liberty it you pref ©) Tree Story () American Girl ©) Real American () New Outlook me your Big Special Club No. .............. or the magasines marked with an X and enclosed with this Street or RFD. ......0scesercsevees (Please allow 4 to 6 weeks for first magazines