The Bismarck Tribune Newspaper, January 19, 1935, Page 1

- ! o ‘| £2] THE BISMARCK TRIBUNE ESTABLISHED 1873 Hauptmann to Explain Bank Deposits SCIENTIFIC TRAINING DID THIS! _ DBPENSE 10 CLAIM MONEY BANKED NOT LINDBERGH RANSOM State Contends Suspect’s In- come Totalled $49,960, $40 _ Less Than Payment TRIAL IN RECESS SATURDAY Defendant Proud of Wife for Outburst Against Witness She Accused of ‘Lie’ (Copyright, 1935, by the Associated Press) ) Flemington, N. J., Jan. 19.—Bruno Richard Hauptmann’s defense ex- figure. ‘Wading through Hauptmann’s bank and brokerage statements during the week-end trial recess, granted by Justice Thomas W. Trenchard for this very purpose, defense attorneys said they would show Lindbergh ran- som notes failed to appear in a single one of the accounts. @ counter-attack, Attorney General David T. Wilentz asserting that on the eve of the ransom payment, the Hauptmann balance in one bank was only. $203.90, and that a year later, the amount had swollen to $2,528.35. Basing its case further on tention that the. money . Y. posit were known for their number of 'sil- ver coins, The prosecution drew into its theory of the Lindbergh case a pic- She insisted that the outcry, fol- lowing by a single day a similer denunciation by her husband of an- state witness, was not con- templated in advance. This week-end recess in the trial —the third Saturday off, though Jus- ice Trenchard was still intent on it through quickly to a con- clusion—gave the old Hunterdon county courthouse but one day of rest. Sheriff John H. Curtiss decided to sightseeing Sunday 7 BISMARCK, NORTH DAKOTA, SATURDAY, JANUARY 19, 1935 Moodie Fights Impeachment High Court in Secret Gold Clause Session Nf Fighting Senator Jurists Behind Closed Doors to Determine Legality of Monetary Policy EXPECT RULING BY FEB. 4 Decision Expected to Rank in History With Famous Dred Scott Case Washington, Jan. 19—(#)—Nine supreme court justices—minus their black robes—were expected to gather Saturday in a plain basement room of the capitol to seek agreement on the $69,000,000,000 “gold clause” cases. Behind doors zealously guarded, the court—if it followed its regular sched- ule—engaged in informal discussion on the cases which pose the ques- tion whether the New Deal monetary structure is reared on good legal bed- augy. or the sands of unconstitution- al G Whether or not a decision could be ‘Though many observers did not look for the announcement until Feb. 4 on Mondays, amid an atmosphere of solemnity, in the little chamber where the senate used to meet to hear Dan- iel Webster and other famous orators. REPEAL OF ABSENT VOTER LAW SOUGHT IN SENATE MEASURE Upper House Adjourns Until Monday After Half Hour Session Friday (By the Associated Press) Repeal of the absent voters law poses. ‘SOCIETY SECURITY’ def iu AY Capitol Hill Sees Signs of Some Democrats Joining Foes to Balk Program ih A : i BE i of ag 2 i E i Ef il ii li i 4 é E E aE i Hh if H i gee ; re ga g iy i : aE 2 ng 5 te: i i F CONTINUED COLD IS FORECAST; MERCURY DIVES 70 24 BELOW Bitterest Winter Weather of Season Predicted for Northwest States 13 DEAD, MISSING IN WEST Temperature Falls to -57 in Oregon, Paralyzing Traf- fic, Closing Schools ‘With the mercury ranging between 24 and 30 degrees below zero early Sat- urday, continued cold over the week- zero at Bismarck while even colder ‘weather was reported in northern parts of the state. Minot, Williston and Devils Lake were among communities hardest hit by the cold wave. A light A snowfall ranging up to three inches at Duluth, where it still was Bat was fair- protects winter grains and grasses. The normal annual Twin City area is 40.7 inches, Governorship Still | Moodie Appoints Two On N. D. Pardon Board Appointment of M. M. Borman, Abercrombie, and M. T. Barger, Lin- ited ei | ton, as members of the state board of in the | Sever ‘was announced Saturday by Governor Thomas H. Moodie. They succeed Max Rabinovich, Grand Forks, and Ole Kittelson, snowfall in the | Dunn Center, whose terms expire. The governor is chairman of the pardon board, and names two mem- bers. Other members of the five- man group are Chief Justice John Burke of the state supreme court, and Political Hot Spot || attorney Generai P. 0. sathre, ———— (By the Associated Press) North Dakota's posers troubles in the last six months: June 27—Gov. William Langer, Previously convicted of felony, re- nominated. July 17—Langer ordered remov- ed by the state supreme court; declares martial law. July 19—Lieut. Gov. Ole H. Ol- son becomes acting governor. July 20—Legislators gather for “special session” called by Langer. July 24—Legislators, failing of quorum, disband. August 1—Langer resigns as Re- Publican nominee for re-election; Mrs. Langer becomes candidate. November 6—Moodie elected governor. December 4—Court action to disqualify Moodie started. January 8—Moodie takes office. January 18—House votes to impeach Moodie. Arms Committee Split On Inquiry Procedure We , Jan. 19—(%)—The first sign of a split within the senate muni- leaders that it submit legislation on AFFIDAVITS FILED RESISTING CHANGE IN MOODIE VENUE Attorneys for Governor Declare Belief Ramsey People Would Decide Fairly Devils Lake, N. D., Jan. 19.—(#)— Affidavits resisting the change of ‘venue demand of the prosecution in the Governor Thomas H. Moodie qualification case were filed with Judge C. W. Buttz here Saturday. Francis Murphy, representing the Prosecution, charged that the case could not be fairly tried in Ramsey county. Moodie attorneys filed affi- davits all declaring their belief that the people of Ramsey county who may be drawn for jury service could be depended upon to try fairly and decide the issues in the Moodie case. War profits in time for action at this Autographed Stamps Scientific training made It possible for Florie, a 15-month-old girl, to climb a seven-foot incline at the babies’ hospital of Columbia Pres- byterian medical center, New York City. Her twin sister, Margie, who has received no special training, is unable to do thie or many other stunts Florie is able to accomplish, (Associated Press Photo) NELUIE EVARTS, 70, COUNTY EDUCATOR, CLAIMED BY DEATH Deputy Superintendent of Schools Succumbs Unexpect- edly at Home Friday Mrs. Nellie Evarts, 70, former Bur- leigh county school superintendent and deputy in that office for the past 30 years, died at 8:45 p. m., Friday at her home, 217 First Street. The cause of death was influenza com- Plicated by infirmities of old age. Apparently on the road to recovery after an illness of several weeks, Mrs. Evarts’ death came unexpectedly and was a distinct shock to her many friends. Funeral services will be held at 2 P. m., Monday at the First Baptist church with Rev. Ellis Jackson, pas- tor, officiating. Interment will be made in the Fairview cemetery. Pall- bearers will be Ernest Elness, I. C. Davies, Joseph L. Kelley, A. J. Arnot, George Will and Charles Fisher. body will lie in state at the Webb Brothers Funeral parlors until time for the funeral. ‘The daughter of Mr. and Mrs. G. W. Chadwick, Mrs. Evarts was born June 27, 1864, at Biddeford, Maine. After being graduated from the high school there, she came to North Da- kota in 1884 with her parents and lived first on a farm in Cromwell township, Burleigh county. Later she was married to George B. Evarts and the couple settled in Bismarck. Her husband died many years ago. In 1902, after teaching school for several yeArs, she took office as coun- Gift for President Boston, Jan. 19—()—A nation-wide search, begun in Boston, for a letter carrier who was born the same day as Franklin D. Roosevelt—January 30, 1882—was under way Saturday. If such a letter carrier is found, he will have the honor of going to Wash- ington, sh@ing the president's hand and delivering to him an anniversary greeting containing the autographed Postage stamps donated by 20,000 Prominent American citizens. The gift is the work of Ernest Dudley Chase of Winchester. ty superintendent of schools. She held this office for one term after which she was appointed deputy su- Perintendent in which capacity she served until taken ill, Ardent Church Worker A faithful member of the First Bap- tist church congregation, Mrs. Evarts served as church clerk and teacher of the adult Bible class for many years. She has been a member of the Rebekah lodge since 1903, was sec- retary for 29 years and presided over that organization as Noble Grand. Other organizations which claimed Hide ’Em and Surprise Em Plan Of Uncle Sam in War on Outlaws wEba ed ie B zi her membership were the Pythian Sister lodge of which she was a char- ter member, former local grand chief, state grand chief and secretary-treas- Members of the Rebekah meet at the Baptist church at 1:45| factional leaders indicated during a lorlock to attendythe services in alfleree debate in the assembly. PRICE FIVE CENTS House May Have To Take Second Vote on Action Governor Continues to Hold Office on Advice of Attorney General; Holds Committee Must First Draw Up Articles; Martial Law Rumors Spiked WELFORD REFUSES TO TAKE ANY HASTY ACTION Executive Takes Case Direct to People in Radio Address Friday Night; Outlines Facts of Citizenship; Asserts Proceedings for Political. Revenge BULLETINS (By The Associated Press) Routine matters, interspersed with reading of communi- cations of condemnation and praise of the assembly’s impeach- ment of Gov. Thomas H. Moodie occupied the North Dakota sg the first hour of its session which began at 2 p. m. Sat- urday, A minor debate over the salary of house employes broke the monotony of the proceedings. Appointment of a board of managers to draw articles of impeachment was expected to come from Speaker William Crockett before the session adjourns. Impeachment of Attorney General P. O. Sathre, reported on good authority to have been planned at a conference Friday night, will not receive the support of the majority house fac- tion that voted impeachment of Gov. Thomas H. Moodie Fri- day, faction leaders said emphatically Saturday. Deposed Governor William Langer, leader in the impeach- ment move against Moodie, is reported to have vigorously urged impeachment of Sathre at a secret meeting of leaders of the faction. A resolution of impeachment was reported drawn against the attorney general, who first took office as an appointee of Langer, and then was elected last November as a candidate on the Langer ticket. Sathre’s ruling that impeachment proceedings against Moodie are “incomplete” gave rise to a bitter attack against him by his political associates. Having moved to impeach Governor Thomas H. Moodie by a vote, of 60 to 52 late Friday, members of the state house of representatives Saturday faced the possibility that their action was not properly taken and that the matter may have to be brought back to the house for a second vote. ~ Members of the Nonpartisan majority, spurred into the impeachment by Former Governor William Langer and his lieu- tenants, contended that they were finished with the matter. The minority opinion, expressed by L. L. Twichell, vets eran legislator, was that they had only got started and that the house still had to vote on specific charges against the governor. There were none contained in the impeachment resolution adopted Friday. Specific Charges Lacking As it stands, it was an action taken on “general principles” an contained nothing specific for Moodie and his friends to lefend. Attorney General P. O. Sathre advised house leaders that it would be necessary to have a board of managers or a com mittee draw up articles of impeachment and Speaker William Crockett was to appoint such a body Saturday. There was a difference of opinion, however, as to whether these articles should be presented to the senate or brought back to the house for another vote. Sathre’s position was not clear. Twichell contended that such a course is necessary under the law. The statute covering the subject, section 10,442 of the compiled laws of the state, provides that “said managers, or a committee of the house, must prepare the articles of impeach- ment in accordance with the resolution of the house and submit them to the HOUSE for approval and when approved the man- ‘The| agers must present the same at the bar of the senate.” Invalid Unless Rules Followed Unless this is done, it was contended, the whole proceeding may be invalidated just as any other action of the legislature may be invalidated if that body fails to follow the rules laid .| down for its guidance. Meantime, Governor Moodie continued in office. Shortly after the attorney general advised him that the impeachment action was “incomplete” until a board of managers is named to draw up articles of impeachment, Moodie posted two national guardsmen, in plain clothes, in his office to thwart possible seizure of the quarters by political foes. Saturday morning, however, Moodie removed the guard, saying he believed the men were not needed any longer. The board of managers is expected to be announced by Speaker William Crockett shortly after the assembly convenes. The board will draw the articles of impeachment for presenta- tion Monday to the bar of the senate. Speaker William Crockett said he expected to appoint as a board of managers Saturday, Rep. Math Dahl, sponsor of the imy ment resolution; Reps. Gus A. Schauss, E. J. Marks, Al Bjerke and W. S. Place. Lieutenant Governor Walter Welford, who will succeed to the governorship in the event the impeachment goes through, was urged by house majority leaders to assume the office at once but he declined to take any “hasty” action or to file an oath of office as governor. Moodie took his case direct to the people Friday night in a radio address in which he outlined the facts regarding his citi- zenship, apparently the main issue raised by his prosecutors. Asserting that the whole move represents the machinations of political racketeers, he yet pleaded for forbearance and for observance of the processes of constitutional government. Since the senate had adjourned until Monday when the t resolution was in the house, it will be impossible to present the articles of impeachment there before that time. ‘Usurped’ Office Auiboinintsien late, during specifically