The Bismarck Tribune Newspaper, February 2, 1935, Page 9

vac] THE BISMARCK TRIBUNE ESTABLISHED 1873 ‘: BISMARCK, NORTH DAKOTA, SATURDAY, FEBRUARY 2, 1935 PRICE FIVE CENTS Supreme Court Holds Moodie Disqualified by Constitution SHADOWY FIGURES [Pence nde inne Longs Neves Puree’ | [Weert eae ee tap iste dite | Welford Becomes Chief Excutive HOVER OVER COURT OF STATE TAXATION To Fill Out Term Surprise Witness Vaguely Ac- Act Carrying Appropriation of cuses Defendant’s Friend $15,000 for Study Ap- And Violet Sharpe proved 42 to 2 ” Five Judges Unanimous in Determining Case; Moodie Says He Will Step Out Quietly and Calls on People to Cooperate With His Successor SS STATE REMAINS CONFIDENT PROVIDES BOARD OF SEVEN . Former New York Fingerprint; Man Tells of Seeing Pair With Blonde Baby Hopton’s Proposal to Revise State Hail Insurance Laws Introduced HOPES ACTION WILL END POLITICAL TURMOIL IN STATE ro Thanks Friends for Loyalty and Holds No Grudge Toward Any Man; Chance of Langer’s Return to Power Barred by Ruling BULLETIN New York, Feb. 2—()—The New Passed by the North Dakota senate late Friday without debate, a propos- York Daily News said Saturday that : Peter H. Sommer, Hauptmann defense - : ‘| | al creating a tax survey commission witness who testified that he saw FE 4 4 to make recommendations for revi- Violet Sharpe and Isadore Fisch with : { = e 4 é sion of the entire tax structure of f® baby on the night of the kidnaping, e E ’ f the state moved into the house of was also a witness nine years ago at Pe < ~ i : . |Tepresentatives. the Hall-Mills trial. = nih . Planned under terms of the bill is’ Thomas H. Moodie was disqualified as governor of North Dakota in a decision announced by the state supreme court late Saturday afternoon. The decision of the court was unanimous and held thai Moodie was ineligible to serve as governor under the consti- tutional clause which requires that a governor must have lived in North Dakota for five years, “next preceding” his election. The effect of the decision is to elevate Walter Welford, lieutenant governor, to the executive chair. He is the fourth man in seven months to hold that office. In its decision the court disposed of all possibility that Welford might be succeeded by William Langer, removed from the governorship last summer following his coviction on 2 felony charge in federal court, as well as of any claim which Ole H. Olson, who succeeded Langer as acting governor, might have upon the office. Thus Welford will continue as governor during the next two years. The court held that, in the event of the disqualification of the governor-elect, the lieutenant governor succeeds to the term for which the disqualified governor-elect was chosen. The governor, one of the few Democrats ever to be elected to state office in normal Republican North Dakota, quickly ac- cepted the decision and called on citizens to cooperate with Lieutenant Governor Walter Welford who has been presiding over the senate. The court held that Moodie fails to meet the state constis tutional requirement that a candidate for governor reside in North Dakota for five years, “next preceding” his election, Moodie Has No Complaint to Make Moodie admitted he lived and voted in Minnesota in 1954 but based his defense on intention to retain his North Dakota residence. “I have no complaint to make of the decision of the court,” Moodie commented as soon as he was notified of the court's decision. “It is arrived after full consideration of the law and the facts in an orderly manner. It is satisfactory to me and is accepted cheerfully. “It should end the turmoil which the state has re- cently experienced. It is my hope that it will. Governor Welford will need and should have the honest and con- (Copyright, 1935, by the Associated Press) adowy figures t Sharpe e more equitable distribution of the tax. Isador Fisch, long since dead, were $ burden and a simpler and more ef- projected once more in uncertain out- line against the background of Bruno ee administration of Richard Hauptmann’s defense Satur- 1 day in his trial for the murder of the Lindbergh baby. Into what part of the kidnaping puzzle the defense planned to place them was not explained as a week- end recess cut short the trial until Monday. Previously, the state exonerated : 1 ‘Williams, and George Kolpin, Griggs. ing of the revolt of the Sq ‘ ws Revision of state hail insurance Crushi of the revolt of ie Square Deal association and passage of still more stringent laws at a spe- Reilly easton: teen he gether pl cial legislative session is the aim of Senator Huey Long, shown in fighting form, upper left. In the cen- attempt to link Fisch, Hauptmann's ter is the $5,000,000 Louisiana capitol at Baton Rouge, where troops are on guard. Upper right, Ernest Harold Hopton foewier tisiness pariecs wish tisine: J. Bourgeois, Square Deal president, arrested by Long's guardsmen Friday, is shown. Beneath him, in bill introduced by the senate commit- tual kidnaping. ¥ cirele, is Gov. O. K. Allen, the Kingfish’s pliant henchman. The map shows Louisiana’s principal cities, tee on insurance. But through a surprise witness, the in several of which Long is expected to seize municipal rule. Right below, is the East Baton Rouge Among features of the bill are a defense Friday adduced testimony courthouse, stormed by Square Dealers, who later were ousted. reduction of the amount of normal vaguely linking to the crime the Mor- indemnity to effect a lowering of row maid and the German fur dealer, e rates and s quasi-compulsory clause ALTER WELFORD who is accused by Hauptmann of leav- through an indemnity tex. f ing behind him the $14,000 ransom W. t Ils H y H P | d Strengthening of the system o coat ete cen|Witness Tells Huey He Planned s228 20. y ye To Murder Him for $14,000 Fee|2="5 225227 FOR LAST SUMMER'S ‘The witness was Peter H. Sommer, Walsh. ce sleepit it. A second hesisted them, he said. This was on|DEPUTY SHERIFFS ACCUSED! aq ‘the night of the kidnaping, March 1, 1932, he testified. cmennmmeenmenanel Sommer’s stoi due for a sharp iT om ’s story yee Lies Hearing Continues at Capitol @ former fingerprint man in the New York city magistrate courts. * Saw Baby on Kidnap Night Besides the tax commission bill, Sen ea hts tenet] Sauae Deal President Chars! (QL) CASE RULING |Sevgrpl Real Mstate ies nacre merce we"| CPECIAL ASSEMBLY Fee tne looked lke Fisk bead’ | Kingfish Henchman With Sales Are Recorded) (tir tir expenses of the tuberct Aand street cross town car in New Lies Against Him priccroonieh losis sanatorium at San Haven, and ‘York City at a Jersey ferry terminal 9 Evidence of increasing activity in|the other appropristing $26,000 for a bearing a blond baby dressed in a one the real estate field is contained in|defloit in the state capitol mainten-/ House Hears Measure Without ae sales recently recorded at the office anes. A note seeou ten. tals wom C ts Referred t ministration Reported Ready) of the register of deeds here. Pe poll gas ies ployes _— 4 “a 0 For Swift Monetary Action The records show that one of the Thursday by the senate, sen- ommittee structive cooperation of every citizen in this state in the If suenee us honese Mets aM bas eet aed pheareaetas apa oe Fas kee big task that is before him. David 7. Wilents when tial i te-| As Feeling Against Dicta- ¥ (By the Associated Press) “I want to thank my friends for the loyal manner in sumed, fi Washington, Feb, _2—(F)—The tee ramsnges of the ousting of William! which they have stood behind me throughout the long In cross examination Friday, the torship Grows Roosevelt administration was reported tt ed through the noes Friday. when a| campaign and its subsequent developments. Saturday to have completed all prep-| John Engel has sold his property on|ed two for indefinitely postponing a “I hold no grudge toward any man. I am personally Baton Rouge, La, Feb, 2—(P)—|Srations for any swift monetary action | Twenty-First St. to William W. Nells. EL cris fe of pal ae dairy glad to be relieved of a responsibility which is far greater e ry Senator Huey P. Long Saturday post- ee Camella Deere Fai pees commission laws and a resolution re- eee pee ae than the average of our people realize. oe murder plot hearing in-|""Tiie "word was passed in authorita- 4 heard the bill mene oie “Governor Welford will need the whole-hearted coopera- tive quarters as observers watched School Committee the appropriations committee. tion from every citizen in North Dakota. I hope that it is for another Saturday conference of A. &. Marshall of Dickey, chairman} ‘The bill, short and in terse lan- cheerfully given.” Baton Rouge, La, Feb. 2—(P)—|the nine justices on whom President} Several sales of vacant lots indicate/of a committee appointed under &/ guage, provides “there is hereby ap- The syllabus of the court’s decision, in which the five Senator Huey P. Long drew testimony | Roosevelt's money policies hinge. The|the probability of an increase of|senate joint resolution to present the propriated out of any moneys in the]; 1 eer court was expected to gather again | home building in the spring. seriousness of school needs to the/state treasury not otherwise appro- judges of the court concurred, follows: in the quiet chambers in the capitol Federal Emergency Relief Admini-|priated the sum of $10,000 to defray “The State of the North Dakota on the where executive and legislative ac- there hed been ®/the expense, mileage and per diem Relation of P. O. Sathre, Attorney,General, Relator tions are measured by the constitu- ference with Pierce Atwater ae ‘of members, per diem of officers and vs. herrea the high court would Papen reer ae Ar ead gh ging tin grmepa Thomas H. Moodie and Walter Welford, Respondents. deliver on Monday its decision in the a 2 cial session of the legislative as-| _ 1. Section 87 of the Constitution conferring original juris- cases attacking the government's ab-|J. B. asked the FERA|sembly of the state of North Dakota/diction upon the supreme court to issue writs of habeas cor- Togation of the gold clause. This im- representatives to assist in obtaining ‘convened at Bismarck on the call of|pus, mandamus, quo warranto, certiorari, and injunction ex- pression was so prevalent that the (Continued on Page Three) the governor on the 19th day of July,| pressly provides that “no jury trial shall be allowed in said su- AnieaL aa Fane of Pie. waedd ws set Grouse Bill Passes = 1634, es es preme court, but in proper cases questions of fact may be sent Partial Eclipse May ie Reference to Langer by said court to the district court for trial.” Nothing was certain. There was a 4 A ri rj ‘possibility the ruling might not come| Senate, Given House Be Seen Here Sunday ae cee uae — mage 2. Under the pleadings in this proceeding there is an issue — through the formal reading to the|of fact involved properly triable to a jury. for another week or two. But admin- — ‘The Fedje-Rudrud conservation bill! 4 partis! eclipse of the sun may|committee where it is expected a bat- 8. Where a question of fact properly triable to a jury directing the state game and fish!ye seen by Bismarck persons Sunday|tle will develop over the proposal. | ices j igi ing i 7 commissioner d arises in an original proceeding in quo warranto in the supreme ener wean yp a Mag Ao gdig -arete court; and it appears that conditions exist which make it prac- astrosomy instrue |committee, to be killed on the floor| tically impossible to secure a trial jury; and where the parties of the house, although others ex-|to the proceeding waive a trial by jury and ask the supreme into! court to try the question itself; and it appears that the ends of ‘The session called by Langer came | Justice so require the court will hear and determine such ques- Stents shich tstowed the contcion| "4, Under Section 78 of the Constituti is qual : events w ol econ: . Under n 73 of the Constitution no person - with its nocturnal neighbor. of Sange fe Jeceenl cote, ae ified for the office of governor of North Dakote eho ee ao Eau? J si resided within the state for the five years next preceding his Legality of the session was ques-| election. . tioned by then Acting Governor Ole 5. The term “resided” in Section 78 of the Constitution, H, Olson, who dissolved the call of i i i , i oe a 3 a te te une “ mene haviog: hed a residence, as defined by Section 14, Com. futficlent members of the house com| 6 Eivery person has in law a residence where such per- fied to constitute a sunt. Fi bocce remains when nee, caned seem hers for oo ot special worum was obtained porary purpose w e returns in seasons Peruse with ne, Soper to a teom (Fepose. Such person can have but one residence which he can- plete investigation of my adminig-| NOt lose until another is gained. Lepring his Hace. St Teeienrs tration” and called for his impeach-|is not an abandonment unless he establishes another, and a new by the union of act and intent. ‘The seut chonsal te tet inion thas" think from the ee e w'‘ieorous’ enit:| whole record that Mr. Moodie did intend to return to the state Pe . scEpFAy ier