The Bismarck Tribune Newspaper, January 31, 1935, Page 3

we SAORRR Gebs aeons a es ae ee ee ee )|=—6hl x i MOVE LAUNCHED 0 FEED GAME BIRDS AAA Has Agreed to Release Government Screenings, Ryan Announces Starving birds in North Dakota goon may enjoy plenty. M. O. Ryan, secretary of the Great- er North Dakota Association, said here'Thursday the AAA has agreed to release some of the screenings from. * government-owned seed grain, if state organizations can meet certain re- quirements. Burnie Maurek, Minot, project di- rector for the U. 8. Biological Survey, has appealed for federal ald. Just ‘back from Washington, he is active 4s $n perfecting necessary arrangements. Governor Thomas H. Moodje, the Greater North Dakota association, American Legion Conservation com- mittees, Isaak Walton Chapters, and the State Game and Fish department have joined Maurek in asking for re- Jease of federal screenings. Prof. H. L, Bolley and P. J. Olson of the state experiment station at Fargo have advised the AAA there is relatively little danger of spreading ,, foul weed seeds from distribution of the screenings. It has been suggested that screenings now held in elevators and warehouses of the state, largely from North Dakota wheat, be used first, thus insuring against introduc- tion of new weeds. Distribution A tenth will be under the direction of the state game and fish department, assisted by Legion Posts and sportsmen’s organizations. ‘The bulk of the feed would be set out 4n hopers at specially designated feed- ing stations. J. N. Darling, chief of the U. 8. Biological Survey, has been largely instrumental in pressing the need for feed for game birds in drought areas, Ryan said. s Unsolved Kidnaping - Of Brewer Disclosed London, Jan. 31.—(7)—The kidnap- ing of a former London brewer two 4, years ago was revealed for the first time Thursday as a result of a re- mark in the trial of David Meisner for the abduction of John 8. Labatt. The victim of the previous kid- naping, Charles Burns, formerly Lge dent of the Carlings Brewery, was held for $30,000 ransom. Police never by Norman Newton, K. C., active crown. prosecutor, in the course of Wednes- bf Meisner trial led to the disclos- “Burns later was driven to a bank in London where he obtained $30,000 which he handed to his captors out- side within sight of more than a \ dozen persons. Meisner, former Cincinnati and De- troit bookmaker, went on trial for the Labatt kidnaping Wednesday. If convicted he faces a possible bed gear term in prison. Meisner pleaded not guilty. Feb. 8 Is Chosen for Junior High Operetta Friday, Feb. 8, has been chosen as the date for the Will junior high echool's presentation of the Gilbert and Sullivan operetta, “H. M. 8. Pinafore,” it was announced Thurs- day by C. W. Leifur, principal. Pauline Spare, junior high school pupil, is playing plane accompani- ments for the rehearsals and also will ‘accompany the performances, which will be given in Toth the afternoon and evening at the Bismarck city au- ditorium. Assisting Miss Ruby Wilmot, who is directing the music, and Miss Eliza- beth Johnson, who is coaching dra- 4, matics, are other junior high faculty “members, who have the following ilities: The Misses Char- lotte Schmidt, Mabel Olson and Ade- line Ness, costuming; Mrs. Themar E. anm. dancing; E. Haldi and Edward » properti¢ Themar E. Simie, v eee and Miss Gertrude Evarts, sale of tickets. Arms Probers Seek Identity of ‘Fixer’ Washington, Jan. 31.—(#)—While the senate munitions committee sought Thursday the identity of an allaged “fixer” of naval construction contracts, a committee member began 8 separate investigation of the navy’s “delay” in spending part of a public 4, works fund allotted to it. THE BISMARCK TRIBUNE, THURSDAY, JANUARY 31, 1985 | | + Supreme Court Again Storm Center As It Has Been for Last 145 Years History of Body Rev js Many Momentous Decisions; Nation Now Awaits Ruling on Gold Case and Other Important New Deal Legi: jation By WILLIS THORNTON NEA Service Staff Correspondent For weeks 123,000,000 people have been waiting for a word from nine Grave, black-robed men in Washi Those men are going to tell them whether the things Congress has done in trying to promote recovery will stand; whether Congress had the right, under the Constitution, to do them; whether steps like devaluing the dollar in terms of gold, repudiating contracts to pay debts in gold, regulation of the oll industry, railroad pension systems, NRA codes, and a dozen other New Deal measures, are valid Jaw, or void and of no force. ‘Those men are the chief justice and the eight associated justices of the United States Supreme Court. No other country in the world has & court with such power to review and judge the acts of the people's rep- resentatives. It is “America’s orig- inal contribution to the science | law.” Again today, as often in the past, Americans are looking critically at this court. Many are bitterly attack- ing its “assumed” power to declare unconstitutional and of no force acts of Congress. OPINIONS IN CONFLICT Many believe its rigid impartial- ity and sworn devotion to pure rea- son are a drag on progress in a day that demands swift action. Others swear by its calm detach- ment as a great rock upholding defi- nitely reserved rights of the people in a sea of change. To understand how the Supreme Court reached a position where 123,000,000 people wait breathlessly for its decisions, it is necessary to go back 145 years or more. For the Su- Preme Court was born with the rest; Of our Constitution, in a time of con fusion and distress more heart-break- ing than even these times we live in The Articles of Confederation, under which the states loosely organ- ized after the Revolution, were « failure. Everybody knew it. POWER GIVEN COURT One of the questions so hotly de- bated in the convention of 1787 which set about making a new and better constitution, was for a system of fed- eral courts. Under the confederation, state courts had equal power, and, as Ham- ilton pointed out, “there may be as many final determinations on the same point as there are courts.” ‘When our present Constitution was adopted, after as hard-fought and yet as intelligently argued a political campaign as the world has ever seen, in it was this clause: “The judicial power... shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” It defines certain kinds of cases over which federal courts should rule. In some of them, like controversies with foreign countries and between states, cases were to go directly to the Supreme Court. STRENGTH WAS DOUBTED : “In all the other Senator Clarke (Dem., Mo.), an- tiounced he expected to determine why the navy was given authority to retain a PWA appropriation “until spent” when, he said, .t was intended for im- mediate use in creating employment. Records in Notebook Used Against Dillage Minot, Jan. 31.—(P)—A little red waves, $5.00. Phone 782. nis Wave Nook. 104% Third St. the Supreme Court shall ony appellate Jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make.” So in 1789, when Congress passed & law establishing a court along the lines indicated by the new Consti- of|tution, the country had a Supreme | Court. Few oe it was going to be very important. In fact, President Washington had a hard time to get good men to serve on it. Robert Hanson Harri- son declined, preferring the honor of being chancellor of Maryland. John Rutledge resigned after a few months to take a state judicial post. Pat- rick Henry refused to serve at all. Finally the court was filled, how- ever, and John Jay as chief justice, with five associate justices, met in the old Royal Exchange Building on Broad street in New York. (The cap- ital had not yet moved to Washing- construction for the laws, and that wherever there is an evident opposi- tion, the laws ough to give place to the Constitution. “But this doctrine is not deducible from any circumstance peculiar to the plan of the convention; but from the general theory of a limited con- stitution ...” He means this: If you have as the basic law of a country a written con- stitution, that is because the people wished, in adopting it, to set certain limits on their. presidents, and on congresses. It says, for instance, that Con- gress shall not pass laws abolishing trial by jury, and that even the pres- ident can't have your houses search- ed without @ proper warrant. If Congress is free at any time to pass any laws it wishes, then a writ- ten constitution is no good. As Hamilton, greatest geriiaad of the federalist, nationalist view, put it: rea iors of this kind can be Preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the man- ifest tenor of the Constitution void. ‘Without this, all the reservations of particular rights and privileges would amount to nothing.” Opposing this view was the Jeffer- sonian (Republican-Democrat) view that Congress should be its own judge of what is constitutional, and that any interference by any court was tyranny, an imposition on the ton—in fact, there wasn’t any Wash- ington as yet.) At first the court had little busi- ness, and Jay soon resigned to be- come governor of New York, declin- ing reappointment later in words in- dicating that he felt the Supreme Court would always be too weak to be important. AUTHORITY ASSERTED In 1793, however, the court first as- serted the authority of the national government in the case of Chisholm vs. » This was a suit by a citizen of one state against the gov- ernment of another state. The U. 8. Supreme Court ruled in favor of the citizen. There was an immediate hue and cry that the federal government was undermining state power, and the matter was eagerly taken up in Con- gress. That body proposed, and the states quickly adopted, the 11th amendment, forbidding any such suits. Thus two things were quickly shown: the power of the Supreme Court, and the power of the people by amending the Constitution to overrule any decision the court might make. However, many men at that time, as now, denied that. the Supreme Court could invalidate laws passed by Congress. Hamilton himself, defend- ing the Constitution in the debate on its adoption, admitted “... there is not a syllable in the plan, which directly empowers the national courts to construe the laws according to the spirit of the Constitution. CONSTITUTION FIRST “I admit, however, that the Consti- tution ought to be the standard of Happy as She Mines Coal Again “Back to the mine” isn't the punishment for Miss fda Mae Stuht that the term implies for most people ® year ago has been lifted. and she’ A state ban im- hown here. back on the job en Cadiz, O., working at the trade she followed for 0 years. "m happ; eb on our house and ihe off the relief roll nly woman coal miner ke some money to pay “Housekeeping'!! be only a for me from now on.” people, and created a “judicial mon- ster.” So a showdown had to come very soon on the question of whether the ‘Supreme Court should or could de- clare void and unconstitutional an act of Congress. And as the future of the court and Perhaps of constitution! government itself hung in the balance, a new chief justice was appointed. With his bare pen, John Marshall ‘was to make American history. STUDENT PRESSERS Athens, Ga.—()—A student co-op- erative pressing association at the University of Georgia has been an- nounced by A. M. Bennett, student manager of the new concern. The as- sociation will be profit-sharing, the students who perform the duties of the establishment sharing in the pro- ceeds of the organization. ‘When a low quality of butter is fur- nished consumers they eat less of it and pay less for it, and sometimes de- velop a distinct opposition to it. That is why North Dakota dairy producers are vitally interested in marketing only clean, wholesome cream. Barnyard manure increases the fertility of soils, increases their water holding capacities and holds sandy soils together, thus preventing blow- ing. It loosens clap soils, making cultivation easier, and penetration \* water easier. | Claims Millions in ‘Widow’ Suit A “wedding ceremony” in which the bridegroom also was the pastor was described in the suit of Geraldine Ott, above, Beverly Hills, Calif. er for a widow's third of $15. 000,000 estate of Bertrand L. ‘Taylor, late paper magnate, in New York Miss Ott, who bases her claim on the alleged com- mon law marriage, was willed $10,000 by Taylor + | \ | | * Contract Bridge Fatal to Romance Chicago, Jan. 31.—(7)—It was contract bridge that doomed their romance from its incep- tion, Mrs. Allen Blazer, 22, testi- fied in superior court. She and her husband, 31, quar- reled from the nuptial date in 1929 until last Monday over bridge, she said—making six years in all. The quarrel termin- ated Monday when they separ- ated. Judge Rudolph F. Desort awarded her a divorce and cus- tody of her year-old daughter. Senator J. P. Cain Addresses Students Senator J. P. Cain, Dickinson, dressed pupils of St. Mary’ high school on “The State Constitution” at the weekly assembly held at 11:15 o'clock Wednesday morning. Rev. Father Robert A. Feehan introduced the speaker and arranged for the pro- gram which is in line with a vocation- al guidance course being given this term. Burleigh Warrants Called for Payment Burleigh county registered warrants totaling $10,352.87 and numbered from 4.200 to 4,600 have been called by County Treasurer Ernest Elness and will be paid February 1, he announced Thursday. In this classification are all war- rants issued and registered prior to July, 23, 1934. Payment of these warrants may be obtained upon their presentation at the county treasurer's office. Long’s Foes Appeal For White House Aid Baton Rouge, La. Jan. 31.—(®)— The Square Deal association, bitter janti-Long organization, has appealed directly to President Roosevelt for a congressional investigation of condi- tions in Louisiana under Huey Long's dictatorship. The plea was made on the eve of the scheduled resumption by Long of @ court “inquiry” into what he charges was a plot to assassinate him. Morgan’s Paintings Sold for $1,500,000 — New York, Jan. 31.—(7)—J. P. Mor- gan’s six world-famed paintings, which he recently offered for sale. have been sold for $1,500,000, with Edsel Ford reported Thursday to have carried off the prize of the lot. His agent, Charles R. Henschel, did not deny reports current in art circles that Ford had succeeded in getting “Portrait of Giovanna Torna-Buono,” fifteenth century Italian masterpiece by Domenico Chirlandaio, at a re- puted price of $500,000. _—_———— Reduction on Lingerie, Jew- elry and Gifts at Rose Shop. IN AMERICA Nathen ‘Kane a Authee of “Famous First Facts” THE Savannah Golf Club cele- brated an anniversary meet ing on Oct. 1, 1796. Gerard are rived in July, 1778. He was styled minister plenipotentiary and also bore a commission as consul general. Morse’s gazet- teer contained 7000 different ar- licles or listings, of “States, Provinces, Counties, Cities, Towns, etc.” in the United States. FORMER AMBASSADOR DIES New York, Jan. 31.—(?)—Richard Washburn Child, attorney, writer and former ambassador to Italy, died at his home early Thursday from pneu- monia. Child, who was 54, caught cold several days ago and the cold developed into pneumonia. He was named ambassador to Italy by Presi- dent Harding. i | ’ yicks SENERATIONS The selection, buying and preparation of the right kinds of Turkish tobaccos for making Chesterfield Cigarettes is a business in itself... has built the tobaccos as we you have... 0. th © 190, Lars & Mra Tomscrn Gms W: have buyers in all the to- bacco markets of Turkey and Greece, including Xanthi, Cavalla, Smyrna and Samsoun. And at Smyrna Chesterfield most modern to- bacco plant in the Near East. Here the spicy, aromatic Turkish leaf is sorted and graded under the eyes of our own tobacco men. Then it is put away to age in its own climate for two years or more to make it milder and better-tasting. When you blend and cross-blend the right kinds of aromatic Turkish tobacco with mild ripe home-grown do in Chesterfield the cigarette that’s milder the cigarette that tastes better MONDAY WEDNESDAY SATURDAY LUCREZIA LILY RICHARD BoRI PONS BONELLI KOSTELANETZ ORCHESTRA AND CHORUS OP. M. (C.8.T.)—COLUMBIA NETWORK