The Bismarck Tribune Newspaper, December 27, 1934, Page 1

Vv The Weather Generally fair tonight and Friday: . Friday. ider tonight; rising temp. ESTABLISHED 1878 BISMARCK, NORTH DAKOTA, THURSDAY, DECEMBER 27, 1934, 4.Moodie to Ta ' - q OTHER FATALITIES (Three Major Fights — Seen for Congress EXPECTED WITH 40 INJURED BY BLAST * Fireman and Engineer Only Dead Identified; Dozens Thrown Clear of Wreck OVER 100 MEN ON TRAIN Piece of Cab and Cars Thrown 100 Yards; Buckling of Fire Box Blamed Ba Fe gs ie gede é 3 i ff s BE af ¢ : E £ 5 a4 i 3 rH i E | i eee | Hl § q f 7 E [ & ii H il gt s EEE le EF E ul bd i i : Hy 3 + i & g i i ti if ae EIB & 3 SEP g i i F Ze z s o Fw uF z | i : i it i g ied i g Pepe : e H 5 s set aE Bottineau, oS oh P. Ertresvaag, 39, who in 1916 was selected by many sports writers as an all-Amer. | {Soviet Exile Aid | In Assassins’ Plot | | o cgse Attend Funeral for Most Rev. O'Reilly Steele Deaths Found Due to Suffocation Steele, N. D., 5 by suffocation” was the coroner's jury which conducted an uiry into the death of three men in s farm home near Steele & Coroner fire started about 6 Thursday, hours before was discovered. Relief, Cash Bonus and Future of NRA Head List of De- bates to Be Heard AWAIT ROOSEVELT’S SIGN President Calls Conference of Cabinet Officers for Thurs- day or Friday we —(P}—The sea- sion of next Thurs- congress openin, day, will, in the opinion of some Dem- tie leaders, first three are uppermost in their minds now. Ps bald S & MINNESOTA COUNTS SEVEN DEATHS DUE TO WINTRY BLASTS Relief in Sight for Middiewest But Colder Weather Seen _for Appalachians’ SHIPS. BATTLE HIGH SEAS Pacific Northwest Raked by 70- Mile an Hour Gale; Coast Shipping Jeopardized TES i i qa z g a z i j ! | i ; i 3 | 5S gs or BB & : i 5 g pee rf af FF : 5 i & i i g i i i ‘a fy g 3 E B | i ff i i z EE i r 4 E A a i i z g 8 i a z E Re "88 : ; iu in Minnesota persons were killed at Niagara snowstorm swept, the to the Die EEPESEARESISHIG, fealbtayers|ett blaze destroyed a mill eodil: inst|C. At Milwaukee 20 iets Act Speedily Agains Cah aes Band of Young Commun- ists Blamed for Plot 5 | f EES 3 ie 8 5 3 iH i § Hg qs Hy : i i gf nounced Thursday. Of the total, 13,037 resident fishing licenses and 23,606 resident hunting permits were sold. Ten non-resident licenses for fish- ing were issued, and sjx non-resident hunting permits. Strugg le With Shirt Studs Gives PRICE FIVE CENTS e Office Jan. 15 Miners Killed in Locomotive Explosion The mountainous waves piled up by North Atlantic storms to menace the iives of thousands of seamen and travellers are vividly brought home by this photograph taken from the bridge of the 8. 8. Europa, which assisted in the rescue of the crew of the foundering Sisto. by the fact that, while the Huropa’s bridge is far more than 100 feet above the waterline, it is barely Dossible to see over the crest of the onrnshine water. STATE NOT 10 USE NEW “ALB LAW? IN {degree murder were re "late Thursday for Mrs. Nathaniel | ~- HAUPTMANN “TRIAL Preliminary Hearing Set for Mrs. Gibson Dickinson, N. D., Dec, 27.—(#)—Pre- liminary hearing on charges of first to be held her Gibson, confessed slayer of her hus- band. ‘The hearing will be conducted be- fore Justice of the Peace Leon Stuck, Could Demand Notice of Intent) following issuance of an order by to Prove Suspect Not at Scene of Crime ‘ District Judge W. R. Schell in a habeas corpus action Monday. Mrs, Gibson was expected to be re- turned to the Burleigh county jail at Bismarck, following the hearing. She Flemington, N. J., Dec. 27.—()— had been held at Bismarck for several The state of New Jersey, an official source said Thursday, has decided to ignore one of the cards in its hand against Bruno Richard Hauptmann— its new “alibi law.” By invoking the law, passed by the 1934 legislature, the state could force Hauptmann’s defense to give notice of ‘any intention to claim that Haupt- mann was not at the scene of the Lindbergh kidnaping at the time of nesday, never has been tested. The state's at- therefore fear it might be Jmade grounds for an appeal. ‘The decision left the way open for Under the law, at the state's de- the defense in a criminal case Bieta My He Hatta ie President Worst Moment of Day Washington, Dec. 27.—(?)— PRCeEBESE 2 tities i and for the next few hours his his office. While hav- ing breakfast in bed—e habit of long-standing—he reads current events in seven or eight newspa- pare. including Mew foe Soe fashington publications. Often the more immediate members of the. official family call by on the way to their desks ‘This group includes Postmaster General Farley, Se- cretaries Morgenthau, Hull and Iekes, and Donald Richberg, di- council, days, prior to the hearing, rather than the Stark county jail, because of in- adequate facilities here. x Solution of the mystery surrounding the death of Gibson December 5, 1933, came after more than a year’s investi- gation on the part of State's Attorney ‘Theodore Kellogg. Gibson was found dead in his bed, with a bullet wound in his head, a pistol clutched in his hand. A cor- oner’s inquest declared the death to @ suicide, after listening to testi- of Mrs. Gibson and others of family. Mrs. Gibson, in her confession, said she shot and killed her husband to “protect my daughter.” under arrest in the case is Joe , 26, asserted paramour of Mrs, . He faces trial on a statutory RALEIGH ELEVATOR DESTROYED BY FIRE 200 Form Bucket Brigade to Halt Blaze Threatening Other Buildings Raleigh, N. D., Dec. 27.—()—Ap- proximately 200 residents of Raleigh turned out to fight a fire which de- stroyed the Raleigh Crane company elevator here Wednesday night and for a time threatened other nearby buildings. No estimate of amount of damage was available. The elevator was de- stroyed with 6,000 bushels of wheat, 1,400 bushels of corn, six tons of feed and three tons of flour. ‘The citizenry formed a bucket brigade to stop the spread of fire which reached two nearby houses several times, but was immediately dosed with pails of water. Lack of fire fighting equipment made it impossible to fight the blaze in the elevator, The fire there burned three hours and continued to smoul- der Thursday. Register Your Baby’ Campaign Continues County and city nurses have visited more than 2,000 local registrars of vital statistics, physicians, undertak- ers and midwives as the “register your baby” campaign continues in the state, Dr. Maysil M. Williams, om health off:cer, announced Thurs- have been received from 2,164 sources. Surveys of vital statis- tic sources have already been complet- ed in some counties. When the cam- paign is completed it is hoped to have &@ completely active list from field its, who will report all vital statis- ties, Dr. Williams said. ‘The campaign is sponsored by the state health department, federal bu- reau of the censug.and FERA for | Plunging Through Mountainous Waves in Atlantic Storm The height of the waves is revealed “AT ANNUAL MEETING OPTIMISM SOUNDED OF. ND. A GROUP State Leaders Are Speakers at Session of Promotion Or- ganization Here Optimism was the keynote sounded by President C. E. Danielson of Minot and echoed by many Jeading persons who spoke at the Wednesday night banquet opening the annual winter meeting of the Greater North Dakota association’s board of directors. Georg‘ H. L, Walster of the Agricultural col- lege at Fargo, E. A. Willson, FERA administrat A. Cleveland, rep- resentative of the farm credit ad- ministration at St. Paul; John Sulli- van, Mandan attorney; R. M. Stang- ler, manager of the bank of North Dakota, and many others. Sessions of the winter meeting were to be concluded Thursday. Problems of feed for the spring planting, an outline of the 1935 program of the association, promotion of tourist travel and immigration advertising occupied the delegates at the Thurs- day morning sessions. Plans Seed Program The association was charged by Walster with the primary responsi- bility of finding adequate funds, ade- quate, seed stocks to meet the de- mands and sufficiently lenient gov- ernment regulations so that farmers will not be compelled to give mort- gages on their 1935 crops for all un- paid balances on prior seed loans. Plans for a pure seed program were also outlined. Initial steps in a program to re- store the livestock population of the state to its normal number were out- lined by B. E. Groom of the agricul- tural college at Fargo. The associa- tion's committee for industrial devel- opment reported on the year's work and Dean Walster expressed appre- ciation for the cooperation of the group's agricultural committee in the various phases of the emergency pro- im. Othe primary aim of the farm credit administration is to help every farm in the state pay out on all loans, Cleveland told the delegates. He promised cooperation for every pro-|* gram which would help to stabilize the farming industry. M. O. Ryan, secretary of the asso- ciation, is in charge of all sessions and acted as toastmaster at the din- ner. Danielson, in the opening address on the banquet program, held that North Dakota would not exchange its immediate future for that of any other northwest state. Great Potentialities ! CERTIFICATE GIVEN GOVERNOR-ELEGT BY DECISION OF COURT Dismissal of Injunction Clears Away Last Obstacle Be- fore Inauguration SECOND TEST TO FOLLOW durists Would Take Quo War- ranto Jurisdiction But De- fense ‘in No Hurry’ Having received a certificate of election late Wednesday, Thomas H. Moodie, Democratic governor-elect, will take office on January 7, 1935. Immediately thereafter, according to present indications, his right to hold the office will be challenged and he may be made the defendant in a suit to test his qualifications to hold the post. Attorney General P. O. Sathre late Thursday filed application for a writ of quo warranto, asking determination, by declaratory judgment but the ele- ment of time, pressed by defense at- torneys, may forestall action until after the inauguration date. The application asks a determina- tion by declaratory judgment. It is based on the same facts upon which @ restraining action was brought against Secretary of State Robert Bryne, presenting issuance of a cer- tifteate of election to Moodie, which has since been dissolved. \ ‘The supreme court Wednesday dis- missed an injunction action against Moodie and Secretary of State Robert Byrne, designed to prevent issuance of the certificate of election. By this action it cleared away the only im- mediate bar to Moodie’s becoming governor. Issue Formal Opinion ‘The state supreme court issued its formal opinion Thursday that suing @ certificate of election to the Democratic governor-elect. The court was unanimous in its decision. The opinion was forecast from the bench Wednesday, when the court handed down its oral decision in restraining action against Moodie. The court held thet the of the canvassing board is the vote and to certify the secretary of state, secretary of state, under his oath, is rtd to issue the certificate of e ion. “A certificate of election issued the secretary of state, the determination of the lof canvassers, clothes the one to whom it is issued with the prima facie title to the office; and, upon becomes appropriate judicial proceeding. “Upon all questions arising colla- terally such certificate is conclusive- ly presumed to be correct and hence in which the validity is attacked. “An action will not lie to enjoin the state board of canvassers from canvassing and ascertaining and de- termining the results of an election, or to enjoin the secretary of state from issuing a certificate of election to @ person whom the state board of canvassers duly determines to have been elected, upon the ground that such person does not possess the pre- scribed legal qualifications.” At the same time the court, having been asked to do so by both sides, an- nounced that it would take jurisdic- tion immediately in a quo warranto action, to be brought under the terms of the declaratory judgment act, and determine before January 7 whether Moodie has the right to serve. ‘There were strong indications, how- -jever, that this offer by the court might not be accepted and that any further court action would await Moodie’s assumption of office. Time May Bar Action Having won their fight in the in- junction case, his attorneys told the court they are hard pressed by other matters and that Moodie is very busy now preparing to take office. The result, they said, is that they may. be unable to go ahead with the case “as rapidly as we had expected.” ‘They expressed themselves as “per- fect willing” to argue the case at once but that they could not imme- diately put in several days’ work on the matter by reason of prior engage- ments, Immediate argument was mani- festly impossible, since the court had laid down certain requirements to be (Continued on Page Two) Few Game Birds Will Starve, Swenson Says Small loss of game birds this win- ter through starvation is expected by Thoralf Swenson, state game and fish commis “Few persons realize the potential producing power of this state,” he said, “Only three states in the Union possess more cultivated acres than does North Dakota. In years of nor- mal our state has ranked first in spring wheat, first in flax, first in quality of turkeys, third in produc- tion of all seed grains, first in prem- joner. He based his opinion on predictions oi a mild winter for the state by federal weather bureau. “We feel that we have very lit worry about in the way of arses Seog starvation fum sweet clover and alfalfa seed, |‘& and first in honey per hive.” In spite of drouth, North Dakota has denied school privileges to capitol structure was more than two- thirds paid for when completed. Our reduced about 30 tax has_been crops. small number of b