The Bismarck Tribune Newspaper, January 28, 1935, Page 4

femres pope SBiseeser puAsS aRESURU Resencogsus arass SSS BRIBOTERRES SESBONS SeQpeoou TEE) Seaa ic 2 58s THE BISMARCK TRIBUNE, MONDAY, JANUARY 28, 1985 The Bismarck Tribune to such things as homestead rights, An Independent Newspaper ‘THE STATE'S OLDEST NEWSPAPER (Batablished 1873) Bate, City and County Official News- paper. Published by The Bismarck ‘une Company, Bismari entered at the postoffice @8 second class mail matter. GEORGE D. MANN President and Publisher ©" Subscription Rates Payable in Advance ‘Trib- ck, N. D, and at Bismarck paying taxes and obtaining poor re- ef. Upon such every-day things have been given the decisions Which may furnish the controlling rules in this incident, for whatever the de- cision, the public may be sure there will be plenty of precedent to sup- port it. In discussing the evidence present- ed to them in their dual capacities as jurors on the facts and judges on the law, the members of the court could very easily reach the conclusion that Moodie, when he voted in Minneapo- Us in 1930, saw little choice between citizenship in North Dakota and citi- 00 zenship in Minnesota, but that he did by Weekly by mail outside of North Dakota, per year Weekly by mail in Canada, per year. 2. Member of Audit Bureau of Cireulation Member of The Associated Press ‘The Associated Press is exclusively 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. Two Technicalities Anyone who has given attention to the evidence in the Moodie disquali- fication case and the arguments on the law of residence made by rival attorneys cannot fail to reach the conclusion that it is purely @ battle of legal technicalities. ‘The main issue, as it relates to the welfare of the people, is far removed from the entire matter as presented in court. To begin with, the attack on Moodie’s qualifications is entirely technical in its nature. No one con- tends that the governor is not quall- fied to properly fill his position or that he fails to meet the standard which the constitution makers had in mind when they set up the five-year residence requirement. He has been familiar with the state at varying intervals throughout the last genera- tion, For all but 21 months of the Jast 10 years he has been continu- ously present within its borders. It is obvious that he meets the spirit of the constitutional requirement. ‘The attack is made on the basis that he cannot comply with the letter. The defense is just as technical in its nature. There is no disposition to contend that, when the constitu- tion says five years it means any- thing else. The effort of the defense is not to evade the obvious meaning of the constitution but to call into Play the law of residence, and the numerous issues in which it has been held that voting was not conclusive, in the effort to obtain a favorable interpretation of it. Since the con- stitution must be interpreted in the light of supplementary statutes, they took advantage of the opportunity to meet one technicality by calling upon another. The statute itself seems plain enough but opposing lawyers stress different parts of it. One of its provisions is that resi- dence can be changed only by # union of act and intent. Moodle’s attor- neys took pains to point this out and to match with it undisputed evidence that, while living in Minneapolis in 1930, Moodie regarded himself as a intend to return to North Dakota as soon as possible. The record sup- ports this conclusion very strongly. If they do reach such a conclusion, what legal determination will be made Tegarding it? Upon the answer to this and re- lated questions depends a decision which every citizen awaits with in- terest. | Friends of the governor apparently |derive their main hope from the fact that the courts have pretty generally seen fit to resolve any doubts in favor of the individuals whose rights have been attacked. In this, perhaps, the civil law has gone back to one of the oldest prece- dents on record in cases of this na- ture as revealed in the Biblical story of the prodigal son. Editorial Comment Editorials printed below show the trend of thought by other editors. They are published without regard to whether they agree or disagree with The Tribune's policies. Just Like Fiction (The Hazelton Independent) Goings-on in the legislature at Bis- marck last week were like the things we read about in works of fiction, but ‘seldom see in real life; where the arch villain will sullify the good name and character of any man in order to gain his hellish end. Only in the case at Bismarck it was a band of Tacketeers not even excelled by that of the late and unlamented Joan Dil- linger. We saw in real life a band of political racketeers, who, by reason of a former hold on the state gov- ernment, had built up a gigantic machine, strongly reinforced all along the line by lesser henchmen, many of whom were innocent conspirators, put this machine into play to grab off the power they had but recently lost through the just wrath of 145,000 people—voters who had become sick and tired of the looting of the state and the picking of pockets of state employes to the tune of the now famous five per cent. This grisly, slimy octopus endeavored to regain control of the state government by the “simple” method of impeaching a who had not yet been in Office long enough to commit any erime, on trumped-up charges. It was the most nefarious scheme ever attempted in the annals of state his-| tory—and it would have succeeded, | too, had not a few old heads in the house been too familiar with the constitution and method of procedure in such cases made and provided, and called their first bluff. As it is, the matter of impeachment still hangs in the balance and it looks like some of the lesser lights who constitute the machine's majority faction, had gotten “cold feet” by reason of the mighty howl for fair play that had in from every side by their Constituents, so that the majority vote might now be broken; but just the same the gang 1s patiently wait- on Governor Moodie’s earing residential qualifications is scheduled to be heard before the supreme court temporary sojourner there and con- and on this outcome depends tinuously intended to return to North Dakota. This contention, of course, that Mr. Moodie is not qualified to is bolstered by the obvious fact that) noid the office, then it will be a tri- he did return. umph for the gang—in a way. But THE NEW DEAL | [ASHINGTO BY RODNEY DUTCHE Laugh if You Must, but Huey Long Boom Is No Joke. (Tribune Washington Correspondent) Washington, Jan. 28, — The Huey Long meance has became a very real ‘one in the New Deal family. Twice lately, the cabinet itself has discussed with the utmost seriousness Huey’s anticipated 1936 presidential candidacy. Roosevelt and his advis- ers are wondering what to do about it. This is the way they talked—and the way insiders are talking: Huey, heading a third party—which he already has started through his “Share Our Wealth” societies and their reported 3,700,000 members— might poll better than 10,000,000 votes. He might easily capture other southern states than Louisiana, includ- ing Arkansas, Mississippi, and Texas. The Republicans will have a candi- date. If he is a strong one and the New Deal has brought no spectacular resurgence of prosperity, he proba- bly can at least hold the G. O. P. pro- portion of the 1934 vote, which totaled about 13,000,000 as against some 17,- 000,000 Democratic ballots. (In 1932 Roosevelt polled 23 millions, Hoover 16 millions.) HUEYE REAL MENACE No one supposes Huey could elected next year. But it is all |obvious, according to New Dealers their agitated private huddles, his vote would cut far more heavily to the Democratic strength than the ‘The prosecution directed its atten-|the people all over this state are|Republican strength. tion to that part of the law govern- evenne proceedings alertly. No the iter which way the supreme court ing residence which defines it as the decides, they are willing to abide by place to which a man returns in/that decision; but they don’t want “seasons of repose.” Its contention|the man who steps into Moodie’s was that he could not return to this] Site tne goremot’s etice subject state for a season of repose because! tg dictation of Bill Langer or any cf he admits he had no intention of/ his gang—they have had enough of returning to Mohall when he left/ that kind of politics to last them for- there in 1929. [ae they simply won't stand It seeks to infer from its evidence | "5, , Incidentally, the big majority of that Moodie had no intention of re-| the people of Emmons county are noi turning to this state at all and hence cvesiy Diensed on the may anda fe ited his residence % representatives have ac' in thic forte aay whole nefarious procedure, either. It Since the great mass of court de-| cannot, by any stretch of imagina- cisions, in states with laws similar to/ tion, be construed as upholding the ours, holds intention to be the con- geal ra the Sompertiaae ag il trolling factor, both sides at the trial wi ey were elected, for the does not sanction that sort of endeavored to meet the issue on that} Sos’ oan be hoped that our legislators t Political tomfoolery and the defense by circumstantial| and get down to the business the them there to do. They » for the folks back home and mur- put your ear to If a third party had taken 5,000,000 votes away from the Democrats in the last election and none from the Re- publicans, the G. O. P. would have mopped up. A presidential vote split three ways might give the several states outside the south. Such result would be duck soup for H. Long. He hates Roosevelt with a virulent hatred which he dares not express publicly and his private refer- as to the president are unprint- le. Huey’s friends point out that 1940 isn’t a long way off for a young man like their hero. They admit he needs ‘@ large campaign fund. But wealthy anti-New Dealers might chip in. SENATORS ARE JITTERY An amusing secret incident in the recent of the dignified Senate Foreign Relations committee will show you how the Huey specter spreads into’ all sorts of places here, Up came the question of appointment of a minor diplomat for @ South American post. He was @ New Yorker and it seemed that nei- ther the White House nor the State Department had consulted either of the two New York senators, Copeland and Wagner. As seen by acience, the universe is ®@ vaster and more orderly, more de- pendable, place in which to live than was once recognized—Dr. John C. Merriam, president of the Carnegie Institution. Hilti pars i So the committee, somewhat indig- FLAPPER, FANNY SAYS: ‘Say, Fella—Howja Like to Get Some Easy Money?’ nant, passed a resolution providing that no name should be reported out of committee unless a senator from the appointee’s state had been asked about it. Only a few minutes later the com- mittee came to the appointment of a gent from Louisiana. As everybody knows, Roosevelt doesn’t appoint Louisians to office unless they're po- litical enemies of Huey. “Hell!” exclaimed Senator Pat Her- rison of Mississippi, administration leutenant, “that rule will never do!” And the committee took another vote which unanimously abrogated the rule, PROMISES LURE MILLIONS The “Huey Long jitters” are ag- gravated by threat of such further complications as Father Coughlin, Dr. ‘Townsend, Upton Sinclair, and other Popular leaders—demagogs, if you like —who have been attracting large fol- lowings with astonishing rapidity. ‘The combined millions of their fol-! lowers reach an uncomfortably large} Many of the serious thinkers here are increasingly worried over the pos- sibility that a top-rank demagog may come along and lure those millions into camp with wild promises of the Long and Townsend variety, for they recall that Hitler's rise and sway in Germany has been achieved princi- pally by unfulfilable promises, Roosevelt started promising in a big way, with his feet so firmly planted on the ground that his progress has been very slow. He is now being out- promised all over the place and such ‘a startling number of folks respond to those promises that it’s just a big fat guess where it will end. But the potentialities are such that more and more sane, rational folks in this government are expressing private fears of Fascism. MAY SWING TOWNSENDITES Huey is the outstanding “land of Promise” leader in politics. If he Long Jitters” would develop into a night- mare. Not being in the confidence of elther the senator or the doctor, I can't pre- dict that the Kingfish is destined to be the official white hope of the Townsend clubs, But I wouldn't be at all surprised. (Copyright, 1935, NEA Service, Inc.) Rain is disliked by cats because their fur doesn’t contain any oil and so become clogged and uncomfortable when wet. It is said that goatskin is the toughest skin procurable for uphol- stering furniture. [ Feminine Writer | HORIZONTAL 1,6The author of “Kristin Lavransdat- ter.” 12 Wayside hotel. prrere 7 14 Edges of rots. MPIAIDIE RIO) 16 Type standard. {VI TIAIL|1 IC] 17 Rumanian GE IN] OIA IP) coins, 1E IRIAT 18 Nimble. 19 Like. 20 Framework ‘wood. 22 Resin. 23 Hurries. 26 Neuter pro- noun. 28 To tell. 31 Southeast. 32 Finale. 33 Intolerant person. 34 Fugit of hold ing. $7 Chain. 38 Tree. 40 Heart. 41Small_ barrel. 45 Lawful. PTT ToT Pt tT NE ay 50 Heating vessel 52 Branch 53 Caterpillar hair 54 Constellation 55 To bind. 56 To evade. 58 She was brought up in—. ered today's best woman Answer to Previous Puzzle §9She is consid-11 Her fiction is ward lowest ory _ tide. Pia) 15 She once worked an 24To preclude. 25 Long cut. | 27 Golt device. 29 Epoch: 302000 pounds. 35 Musical note. Ai 36 Measure of cloth, &.J 37 Mountain pase 39 Ham. 40 Carved gem. 42 Pertaining te _ alr, 43 To bustle. 44To be ac- quainted with 46 Broad smile. 47 Ravine. 48 Toilet box. 49 Fashions. 51 Data. 53 To observe. type. 54 Upon. 13Tending toe 7 Aud. PTT TTT. B\aeeee VERTICAL 1 Totals. 21 am 3 To. depart. 4 Railroad. 5 Herbs. 6 To combine. 7 Goddess. To sink. 9 Bad. 10 Tissue. of the —— 408 \ 40008 TP ST Tt | ECC NS PERSONAL HEALTH SERVICE By William Brady, M. D. Signed letters pertaining to personal health and hygiene, not to disease Fes twill be answered Dr. Brady, if & eae ts cm z E jof these conditions, good authorities QUESTIONS AND ANSWERS Fifty © Daughter expects baby next month. Physician irl, on account of irae the heart-beat. 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