The Bismarck Tribune Newspaper, January 28, 1935, Page 2

THE BISMARCK TRIBUNE, MONDAY, JANUARY 28, 1935 ' 2 BONZER UNIGAMERAL Joseph, Weisbect, 28, (STATE LEGISLATURE asc2.232 Dakota eight years ago with his par- jents and to Bismarck two years ago, | Funeral services will be held at 8 Measure Asks Legislators to). en Wednesday at St. Mary's pro- Submit Question at Next jcathedral with Rev. Father Robert State Election Joseph Weisbeck, 28, 404 Eleventh St., died at 12:30 a. m,, at a local hos- Holleman officiating. Interment will be made in St. Mary's cemetery. The body will lie in state at the Convert | Undertaking parlors Tuesday evening. The long heralded, much rewrit-|, Besides his father, Mr. Welsbeck > Ce. os eee Weather Report FORECAST For Bismarck and vicinity: Fair tonight, Tuesday partly cloudy; not much change in temperature. For North kota: Fair, slight- ly warmer north- west portion to- night; Tuesday partly cloudy. warmer east and north portions. For South Da- | kota: Fair tonight and Tuesday; not much change in temperature. For Montan: Partly cloudy to- MOODIE CASE TAKEN “UNDER ADVISEMENT | BY SUPREME COURT Sathre’s Arguments Conclude! Hearing Saturday; Quick Decision Expected Into the hands of five supreme court jused in the Roemecr oer Qoars ahsepey ten unicameral bill of Senator A. F.| Bonzer, Jr., providing for a legislature | of one body, was introduced in the! North Dakota senate Saturday. | Designed to become effective in January, 1939, the measure asks leg- islators to submit a constitutional amendment to a vote at the next) state-wide election. It was referred to the committce on state affairs of} which Bonzer is chairman. p.m.) The senate adjourned to 2 | ‘Monday after a short session during | In Assembly Saturday | (By the Associated Press) | House | Memoralized congress to enact old age pension legislation; to con- | tinue federal aid to distressed | school districts; to continue relief | grants. i Operated under agreement to || bring up no controversial matters. || Introduced eight bills. | Adjourned to 2 p. m. Monday. ! Senate | Received measure proposing uni- | cameral legislature. 1} Introduced four bills. Adjourned to 2 p. m. Monday. which four bills introduced were re- ferred to committee and two other {Proposals were passed. | Intense interest was aroused by ‘the reading of the unicameral resolu- tion, which is patterned after one; which Nebraska voters already have) @pproved. | Maximum Membership of 50 Membership of the legislative assembly would be limited to “not less) than 30 nor more than 50,” each to be elected for a four-year term. Power of initiative and referendum is reserved for the people. The legislative assembly convening in January 1937 is charged under the measure with fixing the exact number of members to be elected and dividing the state into as many districts as there are members with the stipulation that the districts, as nearly as possible, Should be equal to each other in the number of inhabitants entitled to representation and each district be composed of compact and contiguous territory. Other provisions of the measure provide that: At the beginning and close of each session, the legislators shall elect one of their members president pro-tem- Pore. Power of calling extraordinary ses- sions be changed from the governor to the president pro tempore. Compensation for legislators be in- creased from $5 to $10 per day. Total salaries paid to legislators; should not exceed $47,500 in any one year. Authorize Chair Purchases A senate concurrent authorizing the state capitol commis-) sion to purchase chairs for the cap-| itol building was adopted along with the bill limiting the appropriation for each delegate to natonal political conventions to actual expenses, not to exceed $100 each. John Miklethun of Barnes cctnty ‘presented, by request, a bill permit- ting owners of mortgaged real prop- erty to remove buildings, wind mills and other improvements, except; fences, which were placed on the; property after the mortgage was| effected. | Non-resident school teachers would| be required to attend a North Dakota | institution of higher learning for at least eight weeks before being eligible to teach in this state under a pro- posal of Herman Thorson of Adams- Hettinger counties. Other bills introduced would give) the regulatory department the pow-| ers and’ enforcing provisions of the state dairy commissioner law, and fix| dates on annual board meetings in aa | On all light wines up to 14 per cent common school districts. With adoption Saturday of com- ‘mittee reports recommending passage, measures on the calendar for final| . passage Monday include a senate bill creating a federated cooperative agri- cultural association by cooperation| ‘with other surplus producing states of the union, and two appropriation) measures for dcficits in the expenses of the governor's office and of dis- trict judges. NOTICE OF LEASING OF | STATE| AND SCHOOL LANDS | All unleased State and Schoo! lands | in Burleigh County, N. D., will be of- fered for rent at a public leasing to De held in the Court House at Bis- marck, in said county, on the 18th day ‘of March, 1935, commenging at 10 o'clock A.M. ‘All wi 4 lands will be leased to the highest bidder for a term of one to five years. The first year's rent legal leasing fee must be pald in advance. ‘A list of such lands to be offered will be on file with the Treasurer of said county for public inspection not Jess than two weeks before the day o ig. als instructions in regard to the terms, etc, under which these Jang will be leased. Board of University and School Lands reserves the right to reject any and all bids. Dated at Bismarck, N. D., this 28th Gay of December, 1934. |. B, HANSON, STATE LAND COMMISSIONER. 4714-21-28 2/4-11-18-25, ‘The Burlet County Red Cross Chapter will hold its anneal meeting in the Court House Jan. 20th at 4:30 29-30. Ni GIVEN that 1 will not be ible for any debts contracted by my wife, Viola MeCon- key, Dated: January 14, 1925. james McConkey, Jr. 1-14-31-28. resolution|of manufacturers and wholesalers. leaves cight brothers and_ sisters. They are Mrs. A. E. Smith of Dickin- son, Mrs. Roy Roberts of Bismarck, Mrs. Leo Michaels in Missouri, Mrs, Matt Burgad of Linton, Peter of Bel- field, Stephen of Dickinson and Leo | and Elizabeth, both at home here. His mother, Mrs. Valentine Weis- beck, died early this summer. BILL 70 LEGALIZE SALE OF LIQUOR IN N. D. BEING PUSHED Proposal Similar to One Defeat- ed in November May Come Before Legislature A bill legalizing sale and manufac- ture of liquor soon may come before ithe legislature, if plans of proponents are carried forward. It was expected the proposal, sim- j ilar to one which met defeat at the hands of the people in the November election in the form of an initiated measure, may be proposed first in the house. The bill, which has been prepared for “on sale” and “off sale” of intoxi- cating liquor. The beer commissioner “or any other officer” designated by the legislature is made the enforcement agency for the proposed law. A $1,000 fee annually is provided for manufacturers’ and wholesalers’ Ucenses. Under regulations of the proposed act, any “bona fide” resi- dent of the state having his place of | Justices the future political life of {North Dakota's governor, Thomas H. | Moodie, was placed late Saturday. A decision is expected some time next | week. Claim and counter-claim of the jeligibility of Moodie were finally sub- mitted to the court, with a stirring closing declaration by Att. Gen. P. O. Sathre that “whatever the decision will be, it will be a decision that will square itself with eternal justice.” As the five justices—four veteran jurists and a newcomer to the bench, James Morris—took their decision under advisement Moodie relaxed, sat in his office a floor below. “Whatever their decision may be will be acceptable to me,” Moodie de- clared. “The facts are in now. The truth has been presented to them. Ready for Decision “If I am disqualified, I shall leave this office willingly, quietly and gracefully. I shall wish to my suc- cessor all the success the position deserves. “If I am qualified by the decision —well, I shall be governor as far as abilities will permit.” Sathre stressed the importance of the case, and disclaimed any “person- al interest” im the outcome. He told the court in closing his argument he possessed “no feeling against Mr. Moodie whether he pre- vails or not in this action.” Sathre arguments ended a day which saw Moodie’s intent and de- sires at the time he left North Da- kota with reference to his returning to the state interpreted in detail by his counsel, C. J. Murphy. Moodie, the state claims, is in- eligible to act as governor because he voted in Minneapolis in 1930, in violation of a constitutional provision requiring a candidate for office to have been a resident for five years next preceding his election. ‘The governor left the state in 1929, retail within the business district of any municipality may engage in the business of selling liquor at retail. Retail licenses are placed under con- trol of local municipal governing bod- jes, together with power to revoke, with approval by the commissioner. Retail License Fees Set In cities of more than 5,000 popula- tion an annual license fee of not less than $500 or more than $700 is demanded for each “on sale” or “off sale” license. In municipalities of 500 or less no more than two “on sale” and two “off sale” licenses shall be issued. In municipalities of over 500 persons, no more than one “on sale” and one “off sale” license shall be issued for each additional 1,500 inhabitants. The beer commissioner is empow- ered to issue licenses to railroads and dining cars or other common carriers in the state on payment of a fee of $50 yearly. A bond of $10,000 would be required A bond of $1,000 is required of common carriers, and $5,000 of those desiring an_“on sale” or “off sale” license. Sale of intoxicating lquor is pro- hibited on Sundays before 8 p. m., and on any election day, and any day be- tween 2 a. m. and 8 a. m. Swinging Doors Barred Swinging doors or opaque windows in places of sale are prohibited. “All sales shall be made within full view of the public and upon the ground floors only of any building.” Persons under 21 years of age are denied sale; likewise to any intoxicat- ed person, or to Indians or insane Persons. Fermentation of fruit juices by fam- ilies for family use is allowed. Local option as to operation of the law is provided. During a special election the sale of liquor in any com- munity may be prohibited. Unrestricted advertising of liquor “contrary to public policy.” Taxes provided by the proposed law of alcohol by weight, 10 cents per gallon; wines 14 per cent to 21 per cent, 20 cents per gallon; wines, 21 per cent to 24 per cent, 40 cents per gallon; wines more than 2¢ per cent, 60 cents per gallon; all sparkling wines, containing alcohol, 60 cents per gallon; fermented m: beverages, more than 3.2 per cent cohol by weight, 8 cents per gallon; all other liquors, liquers and cordials, 60 cents per gallon. Monthly reports are required to be filed by manufacturer and whole- ‘saler, retailer and consignees are re- quired to send copies of all invoices of shipment to the office of the com- missioner upon receipt of the liquor. Wine for sacramental purposes is {not prohibited provided it is required by any regularly ordained priest, rabbi, minister or pastor of a duly organized church for use in a@ relig- fous service. A license fee of $10 per year and a bond of $1,000 is required. Fifty per cent of the revenue de- rived by the commissioner under terms of the act is to go to the school fund, to be prorated among the school districts. Today’s Recipe a o Pepper, 4 tablespoons grated cheese. Boil spaghetti in salted water until tender. Drain and let cold water run through it. Help Kid . aed ¥ is declared in the proposed act to be| .. to Minneapolis, returning in Evidence For Moodie Earlier in the day, M. A. Hildreth and C. J. Murphy, die, presented ai their claims that Moodie is entitled to remain as governor. c. J. Murphy marshalled as evi- dence of Moodie's intention to return to the state: His assertions that he went to Minneapolis solely to facilitate Purchase of a newspaper, prefer- ably in North Dakota. Testimony by Moodie that he had under consideration pur- chase of two newspapers still pending when he left for Minne- apolis. Claims by Moodie that he voted in Minneapolis with no thought of it affecting his North Dakota citi- zenship. Testimony by Moodie that he took out motor vehicle resident Ucenses to comply with his under- standing of the Minnesota law. Transfer of church alliances by Mrs. Moodie only after they re- turned to the state. Assertions by Moodie that his stay in| Minneapolis was pro- longed because of illness of his sister-in-law. The purchase of a North Da- kota newspaper and return to this Sathre termed the hearing a “unique case—the first time in my knowledge in which the supreme court has sat as @ tribunal of both facts and law. The court did so because of the de- sire not only on the part of counsel but of the court for a speedy decision, because it is imperative to the people of the state. No Personal Interest “I am here as attorney general. 1 have no personal interest in this case. I am representing no clique or fac- tion or section of party. I am repre- ting the people of the state ask- ing for an interpretation of Section 73 of the Constitution.” Section 73 of the constitution pro- vides that a candidate for governor must have resided in the state five is the crux of the action. volves around the question of intent. Moodie’s intent, which he claimed was tesidence in Mohall. Sathre maintained that Moodie, through his actions, established a residence in Minnesota, and gave up his residence in North Dakota. Referring to the time Moodie spent in Minneapolis, Sathre said, “We find him, to all intents and purposes, ex- ercising every right and privilege of ® citizen of the state of Minnesota. He did exercise the right to vote. He did exactly what any other citizen of the state of Minnesota would do. “Under the constitution of the state be governor, for that constitution calls for residence of only one year to be eligible. I can see no difference between Moodie and other citizens of Minnesota. ‘Wadena His Home’ “He was practically a citizen of Minnesota. He testified he consid- ered Wadena his home.” Sathre said Moodie, returning from various trips about the country, “re- turned to Minneapolis as much as he did to North Dakota; the two things neutralize themselves in s0 far as his residence in North Dakota is con- cerned.” He conceded claims of Moodie’s counsel that residence was a combi- nation of “act and intent” but asked, “Where of Minnesota he would be entitled to} y+. loodie makes an affidavit by voter's registration that he is a resident of Minnesota. He exercised that privi- lege not once, but twice. If act and intent applies one place, it applies in another.” Sathre denied temporary employ- ey and mueney: not much change temperature, For Minnesota: Fair, much colder in east portion Monday night; Tues- iday generally fair, rising temperature in northwest portion. GENERAL CONDITIONS The barometric pressure is high over the Rocky Mountain region (Boise 30.42) while the lowest pres- sure overlies the upper Mississippi ah (Minneapolis 30.02.) Light snow is falling from the upper Great Lakes region und upper Mississij Valley northward over the central Canadian Provinces while elsewhere the weath- er is generally fair. Temperatures are moderate from the Great Lakes region and Mississippi Valley west- ward to the Pacific coast. Bismarck station barometer, inches: 28,32. Reduced to sea level 30.17, PRECIPITATION For Bismarck station. Total this month to date Normal, this month to dat Total, January Ist to date . Normal, January Ist to date Accumulated deficiency to date TEMPERATURES Low- est Bismarck, N. D., clear . 23 Amarillo, Texas, clear . 34 Boise, Idaho, cldy. 26 Calgary, Alta., cle Chicago, Ill, clear . Denver, Colo., clear Des Moines, Ia.. clear.. 22 Devils Lake, N. D., foggy 14 Dodge City, Kan., clear 26 Edmonton, Alta., clear. 22 Grand Forks, clear ... 11 Havre, Mont. clear ... 26 32 20 7 04 35 Helena, Mont., cldy. .. Huron, 8. D., clear ... Jamestown, clear ..... Kamloops, B. C., eldy... Kansas City, Mo., clear Lander, Wyo., cldy. ... 2 Medicine Hat, A. clear Miles City, Mont., clear Minneapolis, snow. 1 Modena, Utah, cldy. .. Moorhead, Minn., cldy. No. Platte, Neb., peldy. Oxla. City, Okla., cldy, Pr. Albert, Sask., cldy. Qu’Appelle, cldy. .. Rapid City, S. D., peldy. 34 Roseburg, Ore., foggy - it. Louis, Mo., clear .. Salt Lake City, U., pcldy. S. S. Marie, Mich., snow Seattle, Wash., clear .. Sheridan, Wyo., peld: Sioux City, Iowa, clear Spokane, Wash., cldy... Swift Current, S., clear The Pas, Man., cldy. . Toledo, Ohio, eldy. 1 Williston, N. D.,. foggy Winnemucca, N., peldy. Winnipeg, Man., snow. Boston ... Duluth 8888885 3 0 00 New York . CONTINUE from page one’ Notebook Sketches Of Window, Ladder Go Into Evidence state’s long chain of circumstantial evidence against him. Wilentz turned the page and show- ed him another picture. “What is that?” “You are asking me?” Hauptmann shrugged. “I don’t know what it is.” “Well, doesn’t that look like a draw- ing of a window with some sort of dots or marks on it for something? You don’t know what it is?” “I don’t Know what it is.” Hauptman pointed out other draw- ings in the book and told the prosecu- tor they were executed by a “little child who used to come in our house and play inside.” Didn't Tell Wife Hauptmann testified he did not tell his wife about his “discovery” of $14,- 600 of Lindbergh ransom money in a shoe box which he said the dead Is- ador Fisch had given him for safe- keeping. “When you found $14,000 or more General David T. Wilentz asked him. The entire case, Sathre said, re-!“pid you cry? Did you laugh? Were| Russell you happy or were you sad?” “I was excited,” said the German “clearly shown,” was to abandon his carpenter who is accused of kidnap-|all committees 8&1 ing and murdering baby Charles A. Lindbergh, Jr. “Did you say anything? Did you holler out ‘Anna, look what I found’ or anything like that?” “No, I did not.” id you tell your wife?” did not.” Later Wilentz asked, sarcastically: “Well, you are not very excited now, are you?” “Why should 1?” Hauptman asked. No Joke, Very Earnest lo, it is quite a joke with you, isn’t without color. “I am very earnest.” “Were you eatnest with your wife when you found the $14,000?” “That has got nothing to do with my wife.” “Didn't she work and slave in a bakery and bring to you when you and she got married her earnings and her savings?” “That has got nothing to do with them $14,000 at all.” “But when you found $14,000 in gold ——_—_——_S Are You a Weak Woman? os women th and middle-aged sufler from periodic pains, headache, pains in side or back, they for women.”” New size, tablets $0 cts. "Ave Dr Pieter’, Clas, Bullen N.Y. in ¥ i, Yon for fren medical edvice, ? no more partnership with the wife?” Wilents inquired. “Absolutely not! Why should I make my wife excited about it?” “Why did you hide that?” “Should it be a pleasant surprise for her sometime. Because my at- tention was to pay her house, build her a house sometimes.” ig Wilentz got Hauptmann to affirm that all of his financial transactions, |save certain savings which he did not want his wife to know about, were recorded in @ book in his own hand- writing. Ns Are Telltale The prosecutor brought up the word “singnature” for “signature” as ransom notes, “That is a habit of yours, isn’t it, putting the n’s where they don’t be- him to read his manner of writing seventy.” Wilents: “6-E-N-V-E-T-Y?”" Haupt man: “B-E-N-V-E-T-Y, yes.” “Didn’t you place the vety’ just like you ‘singnature'?” Wilents went on, for the same reason?” “No,” Tranpeses G and H Wilentz questioned him similarly ee ee eee “rigl “Spell “Wright” just as you have it here in this book,” the prosecutor in- structed as he handed Hauptmann a ledger in which was recorded the pur- chase of Curtiss-Wright Aviation -H-G-T,” the prisoner spelled. “Just like you have the <a here dictionary that Wilents produced |of came from his home, said his was transactions, complicated dealings in large sums which he professed to have with the his deceased for possible perjury. The defense met his statement with the quick retort that it was “an at- tempt to intimidate” the Hauptmann witnesses. “Let's start on the state's witnesses first,” commented associate defense Frederick A. Pope. The defense withheld the identity of @ surprise witness Reilly said he would produce to support Haupt- mann’s alibi for the night of the kid- PRESIDENTS BALL PROGRAM IS GIVEN FINSHING TOUCHES ==. se figures downward. Patrons and Patronesses An- nounced for Second An- nual Dance Wednesday second Ball to be held years next preceding his election, and|in gold, how did you feel?” Attorney] Memorial ning were announced A. Young, general chairman. Final touches tire dance program at a meeting of lunday afternoon. Baker was E. A. Willson, Mr. Crockett, Colonel rel, son, fo, it 1s rlot a joke,” he replied | Judge lore ‘Thomnpooe, Hr Mr. and Mrs. ©. Ben Jansonius, Mr. and Mrs. hart. ; Fee 5 E s James W. fer, Baker, Mr. and Mrs. L Fr H ze 5 I Be S25e >ok SENTIMENT AGAINST. [PIANIST DORSN'T LONG DICTATORSHIP! WANT TO IMPRESS IN STATE SPREADS) — HIS INTERVIEWERS Martial Law Expected: to BejEchaniz Who Plays Here To- Extended to Other Anti- Huey Parishes night Came Prepared for North Dakota Weather ‘n’ in ‘sen- th aR Ceramtaey GF EE il g Sty EEE Byaz fe g ri = i Fy # 3 Exe 18 oy slit Fegegk : f i F bile, Textile, Shoe and Tire Businesses . et Ey z g i if i H E fs .29c i E z i i 5 i 5 g zt i i i Ladies’ Vests or Bloomers, OLATU COMEOR DR. R..8. ENGE Chirepractor Graduate Drugless Physician Tacas Block Bismarck, N. D. : Phone 289 C ONTINUE D from page one’ House Resolutions Request Continued U.S. Aid for State board of administration. Provides for Credit Unions Providing for organization of cred- {t unions. under the supervision of .Ithe state banking board, a bill intro- duted by Paul A. Sand of Pierce county was referred to the commit- ‘tee on banks and banking. ‘The proposed measure outlines the manner of savings and credit associations through the secre- tary of state with subsequent amend- ments to the certificate and by-laws requiring approval of the state bank- ing 5 having membership in the un- to deposit in state and national and trust companies authoriz- #F owned, do for the nation what the orth Dakota has done for & measure appropriating deficit for the state grain An Towa professor has discovered five types of dumbness, although there are more students than that JANUARY 28TH TO FEBRUARY 2ND ONE BIG WEEK OF VALUE GIVING 480 value, 3 pairs for .10c 10c Toilet Soaps, made by