The Bismarck Tribune Newspaper, January 15, 1935, Page 2

Seg SADR RTA OSS OUR ( ‘View Is That Jurists Will Uphold SUPREME COURT IN GOLD RULING SEEN Policy to Prevent More Drastic Action ‘Washington, Jan. 15.—()—With all/ ‘Washington engaged in an intense ef- and Robert Larson, secretary to Fraa- ser, will act as pallbearers. The Rev. Barney Phillips, senate chaplain, will be in charge of the |services, to be held at a Washington funeral home. The body will be cre- mated and removed to Hoople, N. D., next summer for burial. Mrs. Frazier was described by Sen- ator Nye as “a very lovely lady with home interests that endeared her to all who knew her. She was a charming companion of all who enjoyed her ac- quaintance and one who many more than her family is going to miss. No words are available to express the keen sorrow that has struck many of us by the loss that is going to be so great to the senator and the family.” Representative Lemke said: “I was shocked to hear of Mrs./ fort to figure how the supreme court Frazier’s sudden and untimely death. | against printing the newspaper arti- cle commending Former Governor Olson as sponsored by J. E. Eastgate of Grand Forks. Eastgate’s motion to have the arti- ie read to the assembly and printed in the journal was approved by a} |viva voce vote, but after the read-| will swing in its $69,000,000,000 gold’ She was a real North Dakotan. She) tecision, severai of the group known loved simplicity in life and assisted | as the younger “brain trust” joined in| the senator in her quiet way. When; the forecasting Tuesday. Senator Frazier was governor, Mrs.) ‘Their prediction, on which they did| Frazier won the love and respect of | not desire to be quoted by name at all by the way in which she met social present, was that the decision would and other responsibilities. I know her be a “conservative” one upholding the loss will be felt by the state as well as New Deal's action in cancelling the by her family. Of her it may be truly gold clause in some $100,000,000,000 of | said she was one who made the world public and private securities. | settee for having been here.” « They aerate the adjective “con- | servative” by saying that if the de-; cision went the other way, restoring C ONTINUE D the gold clause and increasing the from page one: $100,000,000,000 indebtedness by about i \° $69,000,000,000 in terms of present dol- | Moratorium Pro: lars, the administration and consress posed in Senate would be “forced” to take “drastic * y » and fundamental” steps which might Like Minnesota’s appear to conservatives to be much more radical than anything previous- county, threw his support to O. E. ly done. Erickson of Kidder county in his fight What the steps might be they did mot say, but they asserted they would be! necessary to prevent “chaos” in the nation’s financial structure. Chaos ‘was a word mentioned also by Attor- ney General Cummings in arguing be- fore the court in behalf of the govern- ‘ment. While all officials who would talk |in8, Erickson protested its printing | at all continued Tuesday to express /0M the ground that a flood of smiliar | confidence that the New Deal mone- | requests would cause increased costs) tary policy would be called constitu-|in printing of the journal. | tional, tentative suggestions of what His motion Tor TecoraIcerauon eat ht happen if the decision wer: =| : si Ee eee rere being | While stating he had the utmost discussed. lrespect and highest regard for Ol- These includ unoffi " /50n's services to the state, Fowler the possibility of : potency said he did not believe communica- ‘amendment to assure congress the | tions of this character have a proper power to take the disputed step, and a Place in the record. suggestion from Rep. Quinn (Dem., [ Pa,), that congress act now, in order | 22 Bills Presented | For Senate Action (By the Associated Press) Already presented for consider- to be prepared against an adverse decision. i | FUNERAL ARRANGED || ation of the North Dakota senate || are 22 bills including requests for || appropriations totaling $3,375,886. ie Besides 20 money bills placed on file with Fred Tuneil, secretary of the senate, for introduction after the report of the committee on rules is adopted are two other Measures proposing legislation. | They seek to prohibit: Marathons, walkathons, skata- hons and other endurance con- tests. State officials from employing legislators during the term to which they are elected. Among ten appropriation meas- ures presented Monday were three totaling $491,654.83 for the state agricultural college at Fargo, and its extension and experiment divi- sions, with $416,095.83 for the agri- cultural college and $65,559 for the experiment station, and $10,000 for Nye, Sinclair and Lemke Among || Pallbearers for Deceased Wife of U. S. Senator | Washington, Jan. 15.—(?)—Two present and one former member of ; the North Dakota congressional dele- | gation will serve as pallbearers Wed- | nesday at the funeral of Mrs. Lynn J. || Frazier. wife of Senator Frazier of || North Dakota. Mrs. Frazier died here || Monday. Senator Gerald P. Nye, Rep. William Lemke, Former Rep. J. H. Sinclair, | with Douglas McArthur, secretary to Nye, W. O. Skeels, secretary to Lemke, | extension division work. || Two hundred thousand dollars ts asked for construction of a new men’s ward building at the state hospital for the insane at James- town. Biggest single moncy bill is the general budget for $1,169,847.14 for || expenses of the executive, legisla- | paee les tive and judicial departments of tonight or Wed-|| State government, | nesday; warmer aes _ | | Weather Report || a FORECAST For Bismarck and vicinity: Prob- ably snow tonight or Wednesday; warmer tonight. tonight and in Title Onl; a iy Printed erleiaas Wed-| Boner declared he wanted “har- For South Da-|Mony” in the senate. “The Nonparti- kota: Local snows| San League is in the majority in this tonight, followed| assembly and the only way to hold by cloudy Wed-|along progressive lines is to battle nage warmer. jas a unit and not bring in petty Gnnic eontana: | things sponsored by our adversaries tonight and Wed.|—the I. V. A's,” he said. nesday; rising| Erickson then moved that the title temperature. of the editorial be printed in the For Minnesota: Snow beginning |Journal and all similar resolutions late Tuesday or Wednesday; not soj be printed in like manner, which car- ‘cold. tied by a viva voce vote. The fight on employment of mar- GENERAL CONDITIONS ved a ried women followed after unani- A high ee area extends from the ono ‘alley northwestward to the mous approval had been given the Teport of the committee on employ- Bode hI eae peeins, (Moorhead | ment, electing Ned Leir, Wellsburg, Rocky Mountain and Pacific coast bill room clerk; Jake Goll, Danzig, | Edmonton and Salt Lake ae ¢ bill clerk; Hope Snyder, Bismarck, City 29.68). Temperatures continue |enrolling and engrossing committee, low from Saskatchewan and Montana and Bea Haugen, Davenport, stenog- eastward to the upper Mississippl | rapher. ee sa walle. at feuding: are A sewnat Pointing to employment of Hope recipitation has occurred in the Fac|SAvder. Senator 8. 8. McDonald of ‘Western States, but Burleigh county expressed himself as ‘weather is generally fair. being opposed to employment of Bismarck station barometer: Inches,|married women whose husbands are 88.27. Reduced to sea level 30.21. working, adding that the employment Rammed committee had practically unani- For ue ECERT ATION mously agreed on that procedure. this ith. Seen As Bad Precedent Thomas Whelan of Pembina coun- see ty, a member of the committee, ex- plained the members did not know at the time Mrs. Snyder was married, but had acted on the recommenda- tion of her former employer, Ben Larkin, of the state railroad commis- sion, that she was competent and efficient. : McDonald replied his comment was no reflection on the employe, but that he didn’t like having this “put; over” on him, to which Whelan de- clared there was no effort to “put anything over.” After Senator G. A. Jones of Ward county pointed out it was “a bad to set, Senator Ole Et- est Pet. SES eu E BS SNASSLSRETSSHSESS AES eoPSw dso kowassy: BbRBeessssesesasesss sBessSsSssBss-ssRs88S238 iC ° 'Saar Jubilant as |have left. OF STATE SUBJECT OF U.N. D. MEETING NRB Technician Promises Ac- tion on N. D. Project Sub- mitted by FERA Grand Forks, N. D., Jan. 15.—(?)}— Suggestions of North Dakota experts on water relief needs of this state were in the hands of the national re- sources board Tuesday following con- ferences between Gilbert F. White, associate research technician of the NRB, and water research workers at the university here. White spent two days here and promised that the water resources section of NRB would follow closely the $100,000 well-water relief project to be submitted by FERA officials in Bismarck to the national relief ad- ministration headquarters in Wash- ington: This project, Dr. Howard E. Simp- son of the university, chairman of the state planning board’s water con- servation committee, explained, is designed to provide funds for pros- pecting, testing and drilling of deep wells for water relief. “What can the national resources board do for North Dakota in the field of water relief?” was the key- note of White's conferences here. Dr. Simpson and his aides reported on their work and made recommenda- tions for relief measures to alleviate the water shortage in this state. Principal points emphasized in com- mittee reports to White were listed by Simpson as follows: First, a grave water shortage in municipal, village and rural com- munities throughout certain parts of the state. It was pointed out that more than one third of the wells in Montrdil, Divide, Williams and Burke counties have been found to furnish inadequate water supplies. Second, the necessity of obtaining acceptable water with special refer- ence to chemical and sanitary qual- ity. 4 Third, the need for further investi- {gations in drouth relief and the | drilling of deep wells for water re- lief. Fourth, the impracticability of carrying on water relief work with unskilled labor. Fifth, the necessity of completing surface water surveys, and research into tye possibilities of ine present rural and municipal supplies by impounding waters. NTINUE from page one’ Vote Shows 90 Per Cent Favor Fatherland the orderliness of the plebiscite and the tabulation. A heavy vote for a return to Ger- many had been taken for granted, jbut the smashing manner in which Saarlanders decided to join the Ger- many of Reichsfuehrer Adolf Hitler came as a surprise. Among those who voted were hun- dreds of Americans, most of them brought here at Nazi expense. Hundreds of refugees, fearful of vengeance at the hands of victorious | Nazis, were deserting the territory. It was estimated 400 Jews already France was prepared to receive as many as 40,000 Saarland- ers, Troops Not Needed The international army of 3,500 ; Sent here from five European nations by the League of Nations was not called into action during the vote and the tabulation. An American woman, Miss Sarah Wambaugh of Cambridge, Mass., an- nounced the vote to the world in a radio broadcast. She was a member of the League's Saar commission. Max Braun, the fiery former school teacher who led the campaign of the “common front,” anti-Nazi or- ganization, called the vote “the great- est farce ever perpetrated outside of Hitler Germany.” The crowds which thronged the main streets were exceptionally good natured. They even swept British officers, here with the international army, off their feet and carried them on their shoulders amidst cheering. Indicative of the tremendous Nazi vote was the fact that the elty of Saarlouis, which the French claim is “a real French city,” went nine to one in favor of Germany. Although Communists had claimed they would sweep the city of Voelk- ingen, seat of the Hermann Roechling steel dynasty, the section voted ten to one for Germany. -Roechling is an ardent Nazi. one in favor of reunion with Gere many. The vote there was: for Ger- many, 73,761; for status quo, 10,413; for France, 286. HITLER CONGRATULATES me the solution of Europe's N. D. Judicial Council “s| Holds Session Here por Saarbruecken itself voted seven to/| just “your decision the possibility of contributing to problems.” “Once we have attained equality “Why not investigate every state official's citisenship — every legislator go right down the line; we're fid- Glprom the side of those supporting le of those sui the resolution came a cross-fire of questions why the minority group were opposed to the action. Laughter Eases Tension “What are you men afraid of?” called Ole B. Stray. “If he has papers of citizenship let him produce them —I don’t doubt he is a citizen, but why doesn’t he prove it to us?” Laughter eased the tension mo- mentarily when shortly after the Moodie resolution was passed, Harry OBrien of Walsh, introduced a res- olution from the floor calling on all employes of the house and all mem- bers of the house to produce proof of their citizenship, together with birth certificates. Work of Assembly In Session Monday (By the Associated Press) House Passed, 66 to 40, 2 resolution calling on Gov. Thomas H. Moodie and Lieutenant-governor Walter ‘Welford to produce proof of their citizenship. Hire nine more employes. ‘Voted to print in the house jour- nal opinion from Attorney General P. O. Sathre that Moodie’s acts as governor are legal, and that pres- ent disqualification proceedings against Moodie do not affect the legislature. Concurred in two senate resolu- tions touching on relief. Passed a joint resolution of sym- pathy to U. 8. Senator Lynn J. Frazier on death of his wife. Senate Adjourned to 2 p. m. Tuesday. Adopted resolution asking con- tinued federal grants for highway construction although state be un- able to match funds with state monies. \ Received 11 bills for introduc- tlon. i Defeated 2 move to have an article eulogizing, Former Goveror Ole Olson printed in the senate Defeated an effort to oust a married woman employed by the senate, Recessed to 1 p. m. Tuesd: The resolution died for want of a second, but was greeted with mirth by the house members, and humor- ous explanations by some. “Til have to go to Kentucky for my proof,” complained H. FP. Nie- woehner of McHenry. “I'll move the words house of rep- resentatives be stricken out and the name of Mr. O'Brien be substituted,” Mcliraith suggested. The chair pounded for order. “It becomes apparent,” Burke an- nounced, smilingly, “that certain members are more considerate of themselves than of governor Moodie.” Burke Reads Letter Burke read a letter he had written Sathre asking for an opinion on whether the court action against Moodie would affect the official acts of the legislature; and whether the “presumptive uncertainty” as to Moodie's future status would affect the legality of his acts as governor. Sathre’s reply holding Moodie’s acts during pendency of the action to be valid and that the court action would not affect the acts of the leg- islature was also read to the session by Burke, together with an affidavit by Sathre that he was satisfied that Moodie was 8 citizen. Burke's motion to have his letter, Sathre’s reply and affidavit printed in the house journal, was passed unanimously, Godwin announcing he wouldn’t object to it. With that decision, the house plunged into heated debate that brought sallies of applause from the crowded galleries, intimate debate between members and pounding of Speaker William Crockett's gavel as he sought to bring order. Twice he warned spectators to be quiet, once threatening to clear the galleries. From E. J. Mcliraith came a sum- mation of what majority members expected to receive as “proof of citi- zenship.” “Moodie should show the name of his mother; the name of his father, where they were born and how they obtained their citizenship,” Mcllraith declared. obtained his citizenship.” “We'll not put Moodie on the rack —we're not a court of inquiry—we're respectfully requesting proof of Moodie'’s citizenship,” Mcllraith as- jserted. ‘The parliamentary storm raged over the right of the legislature to inquire into facts concerning Moodie’s ip. Sathre's Statement Clear An attempt early in the struggle to by calling for the previ- Re 8 e and is exercising the duties possession Co tem | Diba wea athre avi bhai aes nie Fails to Satisfy [fuswis'smchines ="! ASSOCIATION AGAIN Insistent Solons cating le alo that the acta of —_—— are Lead will suffer for lack of legisla- lyauia pe vf hey invoive the i RETURNS OFFICERS sons or until his title to the office is adjudged insufficient. “The practical effect of the that there is no difference the acts of a de facto and a de jure officer so far as the public and persons are concerned. Third have the right to assume that off! apparently qualified and in offi legally such, even though a may be pending. Official Acts Legal “I am therefore of the opinion that any official act performed by Mr. | i Moodie as governor during the pend- ancy of the action referred to is legal and valid notwithstanding a subse- quent decision that he is disqualified, “The same reasoning applies to your first question and it follows logically that the pending coutt action cannot in any way affect the official acts of the legislative assembly.” ‘The house by its action, in effect tTejected Sathre’s opinion and affida- vit as insufficient to prove Moodie’s citizenship. Lost in the argument was the ques- tion of Welford’s citizenship, little reference being made to it in the de- bate, is Godwin maintained his resolution had been offered in good faith “to clear up doubt and the question which has been raised, not only as to Moodie but to Welford.” He maintained it was “clearly within the rights of the legislature to inquire into Moodie's citizenship.” Sees Moodie Resignation a Leland J. Smith of Cass, declared, “I have no doubts as to the outcome of that case. If the time ever comes —and I don’t think it will—that the courts decide Moodie is not governor, I believe he will put on his hat and walk out. He will Panay to poilti- |i cal chicanery or ical subterfuge |mess. to hold the office—and he certainly| In her report and will not call out the National Guard group from each county in the or resort to force to hold that office.” bipepbiee sched ren be skin-tested for tuberculosis, the His statements were greeted with applause which the speaker quelled bake to be done at tuberculosis clin- with thumps of his gavel. Smith called for “what proofs would be demanded in the resolution” and took the view the action would “set up |/0cal the house as a court of law to try questions of fact and law.” Mcliraith entered into dispute with him, claiming the action was “as the right of any citizen to ire into the qualifications of any official. I'm sure Moodie will welcome an op- portunity to show he is a citizen, the action is taken as a friend to Tom ae service to the state and to L. L. Twichell, one of the leaders |, of the fight for defeat of the resolu- | 5,,,; tion, questioned “then you're not go- ing to accept the statement of the prog attorney general? He withdrew the citizenship charge after he had made ‘an investigation; he's satisfied.” Mcliraith Insists on Proof e Mclirath retorted that Sathre’s af- fidavit was “simply the conclusion of the attorney general. The essential facts of the proof are not in it. We are not making a determination of his citizenship — we're just asking the source.” “Yes—and we're going to be an un- biased jury too, I suppose,” observed Twichell. The prospect of continuing the citi- zenship battle indefinitely Eight New Directors Named to State Group at Annual Meeting Here Monday Dr. Fanni¢é Dunn Quain, president of the. North Dakota Anti-Tubercu- EH ad : By z i i i i a F | i Because of the twenty-fifth anni- versary fall, the 1935 annual meeting was devoted more to only routine business than is usual. At 4:30 o'clock, a brief re- cess was taken and refreshments were E in the —_— house was held out by Ben Gilbertson of Stutsman. pon nero C ONTINUE D on fighting day after day, is that it? from page one: Well, the people are getting tired of Third Expert Says Ab 2s ae nme eka earn eNT Haupt n Write: Staunch defender of the resolution, . W. 8. Place of Slope, told Gilbertson, “Yes—I've heara from home and they 5 a ie ‘em Earlier in the day, a short scuffle of words ensued when Ben Fedje of Wil- lhams moved adoption of the employ- ment committee recommendations for employment of nine more persons in the house. Some minority members objected, claiming “too many employes have been hired now” with Twichell again |! leading the battle of criticism. Twichell maintained there were “more employes in the house than there have been for 20 years,” but de- spite his opposition the committee Of Ransom Notes A joint resolution of sympathy to U. 8. Senator Lynn J. Frazier, on the death of his wife, was passed by the house, following similar action by the ‘Two concurrent resolutions from Standard Oil Sales {Acker Tells Kiwanians of Pro- Officials Predict Large Num- ber of Entries for County testimony ness, Miss Hildegarde Olga Alexander, model. window in the Fordham New York Event Saturday Reilly's croas-examination failed to ste tae acmee| WINTER CARNIVAL blonde drees i Saw Jafsie Shadowed Central station before the ransom was A few days later, she said, she saw shake her story in any important par- tloular, state attorneys declared, and mann hangs together in discussing the of its chic surprise wit- ‘Miss Alexander testified Monday COMMITTEE she watched Hauptmann shadow Dr. y John F. Condon, when the venerable) Jafsie was standing at & telegraph | ei imperturbable Bronx carpenter lurking in the vicinity of the Condon home. Announcement of awards to be presented winners of events in the when she left the stand, they dubbed her an “excellent witness.” Carnival was made Tuesday by members of the committee in charge of this phase of the program. ‘The Carnival will be held Satur- day afternoon and evening at the skating rink north of the high school. Enthusiasm shown throughout the county in the coming event leads officials of the winter program to be- lieve that, with a fair “break” in the RURAL REE PLAN QUTUNED AT LB the athletic contests. Silver cups engraved with the names of the winners will be pre- gram to Put People Back in Gainful Industry z m of the rural jelected member, was given the club| ing—first place will receive charge by George Shafer. 8.| medals. Rindahl invested Brandenburg with} Hockey game—medals to members his Kiwanis pin and a copy of the by-| of team. NEw, coe mad See Mipeaftees aes We an announce-| scarf set or 215 es of cal ment of the President's Bell which ‘will be held January 30 at the World! ‘Treasure hunt (teams of six)—each War Memorial A fotnt/ member of winning ‘will receive meeting with other service clubs Of/— 2% pound box of candy. the city will be held at 6:15 p. m.| Ben Jacobson is general chairman Tuesday, January 22, it was an-jof the carnival, which is under the nounced. sponsorship of the local Association w. cole one Eg iene hss ‘and rhe heeding Devils Lake; William D. Dox and R. vs L. Smith, Minneapolis, and Harvey Niles and Jess Melton, Bismarck. ‘ a Germany leads the world in produc- Cc 1 In tion of nitrogen and potash. The NY yj United States uses more phosphates} =~ ePpPe a than any other country, and France ae leads in their production. aS “4 tava in ions; 1603 ana Tet fortiecine| _— WS 5 q Bractiee of polygamy in the territory ai = A turnip that weighed seven and a rich mn Slavor quarter pounds was grown by J. N. Smith of Wartrace, Tenn. << (RDE >< AND ALL THAT GOES WITH IT —at— “Old Heidelberg Inn” 116 East Main, Mandan Grand Opening, Wednesday Evening January 16 New Entertainment Establishment Featuring z fr Fe #2 i i i ! i. z Ay z EF - a inainsannce le Crane ah Se ee