The Bismarck Tribune Newspaper, January 26, 1935, Page 1

| ===) THE BISMARCK TRIBUNE “stopped” the violence. ESTABLISHED 1873 BISMARCK, NORTH DAKOTA, SATURDAY, JANUARY 26, 1935 The Weather Mostly cloudy tonight and Sund: faigntly warmer Sunday. tl PRICE FIVE CENTS Cases Cited Upholding Moodie Huey Sees Murder Plot in Uprisin TROUESCALED 10) |[_____ Weta Fomor Doman _AIReNMowie | HALT DISTURBANCE BY PARISH REBELS Louisiana Czar Orders Investi- gation in Alleged Attempt on Life SAYS OIL FIRM TO BLAME East Baton Rouge Citizenry Fortify Courthouse to Re- sist Dictatorship Baton Rouge, La., - 26.—(P}—A plot to kill United States Senator Huey P. Long, Louisiana dictator, was unfolded Saturday in testimony at the senator’s inquiry into what he described as plans to “murder” cer- tain state officials. ‘The hearing was called by Judge J. D. Womack, a district jurist ap- pointed by the Long-Allen adminis- tration, for the purpose, Long in- formed the court, of “removal from office and prosecution if facts war- Tant, of these men,” whom he named | Attorney General Finds Defend- ant ‘Very Vulnerable’ After Grilling I CROSS-FIRE TO CONTINUE {|Court Recess Saturday Being Ne ae, Used by Both Sides in Long ‘Listed by the “kingfish” as conspir- ators were district attorney John Fred Odom, of East Baton Rouge parish, “the sheriffs of Therville and ‘West Feliciana, a deputy sheriff East Baton Rouge parish, the Flemington, N. J., Jan. sagent of the Standard Oil Heuptmann and the fefted his de- the prdsecu- prom! pany over the 5-cent oll refining tax| “He is vulneral ry was “off” unless the company|said Attorney General David T. Wil- “Do you know what all this is/during the about?—No you don’t, T'll tell you,” ge li 8 tas sea E § I seh if ia Creal tt Fie | tr evel itt] il Eee AG i es bef E biyE Hu | lit | if i i il fnz ut i ij I z i : : 2 & HOUSE RECONSIDERS TUBERCULAR CATTLE AND BEE MEASURES Resolution Asks U. S. to Distri- || Shute Feed on Hand, Now Going to Waste (By the Associated Press) tion bills stirred up an- other word battle in the house of rep- resentatives Friday as two bills which felt the edge of the pruning knife at Thursday's session received kinder treatment. feated previously, 2 measure ap- Propriating $1,500 for bee inspection drew sufficient new support to bring about reconsideration and it was re- referred to the committee on appro- uptmann | priations, Declaring it was a farmers’ bill, tion | supporters of ® proposal for an ap- propriation for owners of condemned tubercular cattle picked up votes Friday to re-refer it to com- mittee with indications it would be marked up to $30,000. It was sliced to $20,000 in committee of the whole de i : | F ES g fundamental i i : 5 dibvilty | aunt i f etal : E f 7 Es i i : i é i a i & i sf Ee rit Fel ge 5 EEEs i ; 5 a 8 ‘ E Boy Hikes With Heavy Pack on Back 24 Miles Daily to Pay For Offense Anderson, Ind., Jan, 26—(7)}— Wndication that 16-year-old Ed: ward Foster's daily 24-mile hikes between here and his Alexandria TO AUTHORIZE TAX SURVEY COMMISSION Group Would Prepare Legisla- tive Measures to Revise RggEqErE, gE i ri i Seg Gabsei EEEy H Fl | i lt ; i fl ‘Weary from his load, Foster ar- fived back at the jail here to spend the night, some 12 hours after he had started out. He had spent four hours on the way to Alexandria inasnowstorm at 15- degree temperature, reaching there exhausted and in tears, to eat @ noon meal at home. At 2:30 p. m. he started the re- turn trip, carrying four paving ——* Moodie and Murphy In Pleasant Talk 1 a aa Most spectators at the Moodie qualification hearing in the su- Preme court Saturday overlooked one of the most amusing and en- lightening happenings in the en- tire affair. It was a conversation between Tom Moodie and Fran- cis Murphy, outside the court- room, which opened with Moodie asking how much longer the ar- gument would be in progress and introducing and expressing the hope that Moodie would harbor no ill feeling toward LOCAL FIRE CHIEF, SUCCUMBS FRIDA Stricken Suddenly by Heart At- ‘tack While Working in Plumbing Shop Harry A. Thompson, chief of the member of the city commission, drop- ped dead late Friday afternoon while working in his plumbing shop at 205 ; Seventh St. A heart attack was the cause of his death, physicians said. In apparent good health, Mr. ‘Thompson had been working all day ;and was gathering up his tools pre- paratory to closing the shop when he was stricken. A resident of North Dakota since 1883, Mr. Thompson has been chief of the local fire department since 1901, except for an eight-year period from 1919 to 1927 when he served as & member of the board of city com- missioners. Born August 9, 1871, at Lewiston, Maine, he came to North Dakota with his parents at the age of 12 and lived for several years near Menoken, In 1894 Mr. Thompson came to Bismarck and a year later was married to Miss Gertie Schab. He has been in the plumbing business for 26 years and several years ago took his two sons, Bernard and Harry, Jr., into partner- ship with him. Held Many Distinctions He is a member of the Master Plumbers association and a former director of the state organization. He was vice president of the Missouri Valley Division of the International Fire Chiefs association in 1933 and a member of the University of Minne- Sota’s fire school committee. Other organizations to which he belonged were the Masonic lodge, the Shrine and the Elks lodge and the yarn County Pioneers’ associa- jon. Funeral services will be held at 2:30 Pp. m., Monday at the Methodist Epis- copal church ‘with Rev. Walter E. Vater officiating. Interment will be made in the Fairview cemetery. The body will lie in state at the Webb Brothers Funeral chapel Saturday evening and at the home, 227 Ros- ser West, Sunday afternoon. Etta Blake of Pallbearers John French, Eugene Wachter, Henry Murphy, Frank H. Geiermann and ‘Spohn and Myron Atkinson. Inquest in Death of Williams Being Held An inquest in the death of W. H. killed here early Friday il Hg Quick Decision On Eligibility For Office Seen Supreme Court, Sitting as Jury and Judges to Take Action Un- der Advisement Late Saturday; Attorney General Closes Argument for State GOVERNOR’S ATTORNEY DECLARES QUESTION ONE OF FACT Say Jurists Must Decide Whether to Believe Executive or Attach Undue Significance to Series of Per- fectly Natural Acts BULLETIN Arguments before the state supreme court in the Thomas H. Moodie disqualification action were completed at 3:30 p, m., Saturday. The court took the case under advisement. Bolstering its contenion that the state has made no casc in its effort to disqualify Tom Moodie as governor of North Dakota, his attorneys Saturday cited numerous opinions of other courts bearing on all of the points involved in the cur- rent proceeding and then told the five supreme court judges U. §, BBGINS PROBE (22 SaeexSeeSicce INTO SEA DISASTER COSTING 46 LIVES Federal Board Told Something Apparently Wrong With Mohawk’s Gear MAY SUMMON GRAND JURY Head of Geological Expedition, Prominent Architect Among Fatalities (Copyright, 1886, Wy the Associated New York, Jan. 26.—(7)—Giving a local fire department and former|ViVid account of | the collision | last ‘Thursday night of the liner Mohawk and the freighter Talisman, Captain Edmund Wang of the Talisman Sat- urday told a federal inquiry board that something apparently had gone wrong with the Mohawk's steering ap- Paratus, DISASTER AT A GLANCE By the Associated Press Pass- engers Crew Total Rescued .... 38 uy Known dead 11 Missing .... 4 “ Total ...... 88 163 | Captain Wang was the first witness before the body which seeks the answers to these questions: ‘Why did the two ships crash off the Jersey coast when the weather condi- tions were not adverse, the sea mod- erate, the visibility fairly good? How did the ships come together off Sea Girt, N. J. when the Mohawk had left the port of New York earlier than the Talisman, a slower vessel? Captain Wang, whose ship knifed into the side of the luxurious Ward liner, sending it to the bottom in the frigid waters, testified that the Mohawk and the freighter were steaming south when the former abruptly swerved from her course and directly across the Talisman’s path. ‘The ships struck with a terrific im- pact, the captain said. He received no warning blast from the Mohawk until she was about 50 feet away, Captain Wang testified. After the crash, the vessels locked, and shortly after the Talisman backed out of the hole she had made in the side of the liner. Captain Karl C. Neilson, of the steamboat inspection service. criticized the action of the Talisman’s skipper sitions for him or to attach undue sig- nificance to a series of perfectly nat- ural acts. The case was to go to the supreme court, which sits both as a jury to try the facts and as judges to apply the law, late Saturday afternoon after Attorney General P. O. Sathre closes the argument for the state. An early decision is indicated, the judges already having expressed their belief that the case is one of utmost importance and one meriting their undivided attention until it is com- pleted. C. J. Murphy, attorney for Moodie completed his argument for the re- spondent in the case and was follow- ed by M. A. Hildreth, Fargo, asso- ciate counsel. Hildreth still was speaking at noon and was to continue after the recess. He was to be fol- lowed by Attorney General P. O. Sathre, who will close for the stat As was the case Friday, O. J. Mur phy hammered away at the testi- mony in the case, matching it up with legal precedents advanced by the re- spondents in defense of their cause. was held that the act of voting did not determine residence because there was no union of act and ine tent. One was a poor relief case in whiclt @ man claimed aid from one township but was found to have voted in an- other. It was explained that his work as a farm hand was seasonal, that he happened to be in the strange township at the time of election and voted there but that he never in- tended to change his residence. The court held his residence, for poor relief purposes, was the place where he intended it to be. Citation also was made of a ter- ritorial case in which a farmer moved to Fargo during the winter to put his children in school. He voted in the township where his home- stead was in the fall of 1886 and in Fargo in the spring of 1887 but the controversy arose when his children were denied admittance to the Fargo schools without payment of tuition in the fall of 1887. Emphasize Legal Theory The court held that he had to pay tuition, since he was not a resident there. As to the man’s voting in Fargo the territorial court held that, if the vote had been challenged and refused and the question came before the court it would have been decided against him under the evidence and that “the fact of his voting unchal- lenged is, therefore, of no import- ance.” Since the chief contention of the Telators in the Moodie case is that Moodie established a residence there by voting, the defense laid special emphasis upon this theory of the law. Other decisions holding that voting is merely evidence of intent and is not conclusive were cited and stress was placed upon the fact tl i in backing away from the stricken| " vessel. Captain Wang replied he re- plans when he went to Minneapolis in 1929 that it amounted to renunciation of Dakota residence.