The Bismarck Tribune Newspaper, January 19, 1935, Page 4

THE BISMARCK TRIBUNE, SATURDAY, JANUARY 19, 1985 {he Bismarck Tribune An Independent Newspaper THE STATE'S OLDEST APER, NEWSP. " CEatablished 1873) Btate, Clty and County Official News- paper. une M arck, N. D., a entered at the postoffice at Bismarck 88 second class mail matter. GEORGE D. MANN President and Publisher [ Rates Payable in Advance Daily by carrier, per year.......97.20 tention that the crime of which Langer was convicted was not a felony under North Dakota law but merely ‘@ misdemeanor, and hence did not come under the meaning of the con- stitution. The court's ruling that the meaning of felony was determined by the jurisdiction in which the crime was committed is in accord with sim- ilar rulings by other courts on the same subject. eee Now for one of the marked points of similarity between the Langer and the Moodie cases. This is the MAN- .99|NER in which they were treated by bie Ng mail outside of North 1s FEAT orcecseceeees ‘Weekly by mall in Canada, per year 2.00 entitled to the use for republication of all news dispatches credited to it or not otherwise credited in this newspaper and also the local news of spontaneous origin published herein. All rights of republication of all other matter herein are also reserved. Some Facts for the People Reports that impeachment of four of the five judges of the state su- Preme court may be attempted by the Nonpartisan members of the house of representatives makes it ad- visable for the people to acquaint themselves with the details of the Moodie eligibility case, in the hand- ling of which the court has failed to meet the ideas of Moodie's political enemies, Tt is also well to compare the handling of this case with that in which the tile to office of another governor was involved, that being the Proceeding in which William Langer ‘was removed from office following his conviction in federal court on a crim- inal charge last summer. ‘There are points of similarity and of dissimilarity and for each of them there is a reason, ‘The Moodie case first came to the supreme court on appeal from the Burleigh county district court. An injunction had been asked to prevent ‘the state canvassing board and the secretary of state from issuing to him @ certificate of election. The lower court held this was not the right kind of action to challenge the title to! office. The supreme court sustained that position. With this stand at- torneys opposed to Moodie appar- ently had no argument. In present- ing their case to the court they could cite no precedent, in the long political history of this country and its states, in which that particular type of ac- tion had teen ruled proper under) such circumstances, ‘The sound reasoning behind this is evident when one considers that, if an injunction action were ruled Proper, every officer elected could have been prevented from taking of- fice on trumped-up charges if anyone ‘were unscrupulous enough to seek an injunction. * * * ‘Then came the matter of trying Moodie’s right to the office directly, instead of through a legal back door. Quo warranto proceedings, recom- mended by attorneys for both sides, can be brought only against a man actually in office and assuming to exercise its powers. All attorneys agreed that this was the fact, their ‘urging that the court take jurisdic- tion being based on pleas of public policy rather than upon the law. It ‘was the court itself which pointed to the possibility of taking jurisdiction under the declaratory judgment stat- the court, Immediately after the jury which heard Langer’s trial returned its ver- dict of guilty, the action to remove him was instituted. The court re- fused to take jurisdiction at that time, it will be remembered, on the | ground that the conviction was not complete until the judge had imposed sentence. Until that was done there ‘was always the possibility the verdict might be set aside and a new trial granted. Langer’s enemies chafed at the de- lay, but the court pursued its usual routine and insisted that the formall- ties be observed. It lent its influence to none of the political enmity di- tected toward the convicted execu- tive, ‘When the conviction had been com- Pleted, however, its duty and its jur- isdiction were clear. It heard both sides of the case, applied the law to the facts. ‘Thus, 80-called delay in the Moodie case is matched by the same kind of delay in the Langer case. In this the court is justified. If it did less it would be false to the trust Placed in it by the people. Its mem- bers are pledged to administer jus- tice by due process of law, not by whim or their own ideas on the mat- ter. This is the only safe course. If it were otherwise the courts would be- come dictators rather than agents for administering the will of the people. Another Opportunity Every citizen owes it to himself to ‘watch closely the development of the coming plan for public works which we are assured will replace direct re- Nef for the able-bodied this winter and spring. Entirely regardless of whether you approve of this plan or not, if it goes into effect, it can be made to yield maximum benefits to those local com- munities which are ready for it, More than a year has passed since the Civil Works Admintstration was The Parking Problem GO'AHEAD= We'LL JUST Projected. The CWA came on us un- announced, and found many com- munities unprepared. They were un- able to produce at short notice pub- le work of really permanent value. The incidents of raking leaves in parks and digging up pavements to relay them again in the same spot, were largely the fault of local com- munities. ‘This time there is no excuse. Com- munities should know and have plans for public work that will be of permanent value now and forever in- to the future, It's a hard matter to keep up ap- Pearances and at the same time keep up with your creditors. Editorial Comment Editorials printed below show the trend of Soe ne by other editors. They are published without regard to whether they agree or disagree with The Tribune's policies. Bad Situation Ahead (McKenzie County Farmer) As shown by an article elsewhere based on figures furnished by the North Dakota Taxpayers association, tine economies have been effected in all units of county government, but state expense has mounted appreci- . Worse, much worse, is the ® district court judge and a jury for Getermination as to that phase of the The matter might have been de- cided by this time had not cution, whose friends i | i i vf i i i Ee i ? th E i i! it E i } ! s rf hy et Hi il ably. Prospect ahead, if published reports true. are true. A big jump is said to be inevitable, With prospect of a sales tax or other expedient unavoidable. Two years ago Governor Langer slashed sppropriations to the bone, but it ap- pears this was merely for show if we Must now make up deficiencies cre- ated. None of this is due to the state's participation in relief, since this is one of but two states in the union which did not apportion beer revenues THE NEW DEAL ASHINGTO: —BY RODNEY DUTCHE! (Tribune Washington Correspondent) New Dealers Jittery Over Gold Case ++. Hint at ‘Packing’ of Supreme Court ... Dust Off Old Holmes View ... Cummings at Last Sees| Light ... Goat Role for MacLean. Washington, Jan. 19.—New Dealers are acting like @ flock of hens sud- denly aware of a big bad hawk hov- ering close overhead. It was funny how the whole at- mosphere changed just because some supreme court justices asked a few searching and unsympathetic ques- tions of government counsel during trial of the gold cases. Long distance telephone traffic mounted as industrialists, bankers, and brokers began calling to see what it was all about. Quite a few Wall Streeters hopped the first train here to learn personally whether the court might be expected to declare illegal th New Deal's annulment of gold clauses in federal and private con- tracts—which they figured would just) about force everything and every- body to go bust. Most of them re- turned reassured. But the town continued to seethe with the private, unofficial challenge of many New Dealers that an ad- verse decision would virtually mean the “end of the supreme court.” Heretofore it has been considered a bit sacrilegious to mention the Possibility of “packing” the court— that is, adding enough pro-New Deal judges to assure validation of new laws. Now you hear that sort of thing on nearly every other lip. You hear demands—in important quarters, too—for a constitutional amendment, in case the government’ loses the gold suits, which either] would eliminate the court's right to, invalidate an act of congress or re- quire prompt judicial review. It isn’t right, according to New Dealers, to have to go coasting along @ year or two on a vitally important. law, only to have the court threaten to upset the whole national economy by throwing it out. TURN BACK TO HOLMES Some of the boys have dusted off an old declaration by Ex-Justice to this form of charity, so it 1s evident | +, Hees ttyaple i embodies what the commerce clause was meant to end.” ®ome of the lawyers who sat through the gold case look for a five- to-four decision one way or the other. Although it’s still generally believed the court “won't dare” suddenly in- crease bonded indebtedness by 69 per cent, it is very genuinely feared that it may insist that the government Pay its own bonds in gold or the cur- Tency equivalent thereof. Some of the questions asked by Chief Justice Hughes indicated such| @ thought might be in his mind, Another possibility is that the court may demand that foreign holders of American bonds be paid off in ac- cordance with the gold clauses. CUMMINGS SEES LIGHT One important result of the furore created by the big new worry was the dawning of a certain amount of light on Attorney General Cummings, Cummings, whose department is loaded with political hacks, remark- ed privately that he had heard vari- ous complaints that the lawyers in his solicitor general's office were do- ing @ rotten job in presenting New Deal cases, but now realized for the first time that there was truth in them. He has promised that some- thing will be done to remedy that situation. Cummings made the star appear- ance for the government in the gold cases. But he dealt mostly with the flag, home, and mother, explaining how terrible things had been when’ the administration jettisoned the gold clause and how awful they would be if the court upset the apple-cart now. Because he kept away from issues of law and constitutionality—and per- haps also because of his position— the court failed to pound him. MacLEAN MESSES IT But Cummings saw what happened to Assistant Solicitor General Angus (“Anguish”) MacLean, who founder- ed when justices asked him questions concerning the theory of money and international ity. The worst of this unfortunate epi- sode came when Hughes, trying to be helpful, asked MacLean leading ques- tions in an obvious effort to help him out of a hole. MacLean, flustered, Pulled the chief justice right down into the hole with him. Hughes shrugged his shoulders and gave up. He probably wished, like many others, that General Counsel Stanley Reed of RFC, who did rather well in defending abrogation of the gold clause in private contracts, was car- teed whole hod for the govern- ment (Copyright, 1935, NEA Service, Inc.) In Sweden, an inexpensive cash register has been developed that re- quires little space and enables each employe of a store to ring up his own receipts. [LTE [SIHIUIG Bele Fo} F O] Nit 19 Meat jelly. 21 High rank. 24 Italian river. 25 Tress. 26 Gypsy. 27 Aforesaid 48 Twitching, 49 Aeriform fuel, 50 Opposite chocolate. of odd. 82 Preposition. 84 New-fashioned. 54 Lump of 36 Writer's mark. butter. ° Pickets, 85 Her husband Dye. is Emperor 42 Little island. of—, 63 Imaginary line §¢ She is not on which a recognized globe revolves. by —. Doctor. ES $2 Cotton drilling 3Golf pro- fessional. 4 Chest bone, 5 Loom-bar, 6 Street. 8 You and me 9 Calendar 53 Chaos, 64 Father. one pole. (4 Henry Pu T) is now called PERSONAL HEALTH SERVICE By William Brady, M. D. Signed letters pertaining to personal health and hygiene, not to disease diagnosis, or treatment, will be answered by Dr. Brady, if a stamped, self-addressed envelope is enclosed. Letters should be brief and written in ink. No reply can be made to queries not conforming to instructions. Address Dr. William Brady, in care of this newspaper. 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