The Bismarck Tribune Newspaper, April 6, 1935, Page 3

be ee | Weather Report :. Snow > Uttle in 3 ' ” ° = is J e i =| i f te le 2ae s. ) cy » 7 i z Ls probable Saturday it and orga except snow oF, Si oun little change in tem- perature. GENERAL CONDITIONS oe NTINUE Olson Ouster Evidence In Hands of Governor}7™": The prosecution's case was brief. Based on Three Charges Tt was based on three points. One was that Olson overpaid four engi- neers in the highway department contrary to statute. In support of this contention, Dep- uty Auditor John Lyngstad identified salary warrants for January and Feb- suary issued to. M. P. Wynkoop, W. F. Provinces _(ats.| Robinson. ciip|monthly pay at a rate higher than that. are t below the fe in the northern states and in Bismarck station barometer, inch- es: 28.27. Reduced to sea level, 30.11, Missouri rit ¥ 10.4 ‘Weather Outlook for the Week Beginning Monday, April 8: For the upper Mississippi and low- er Missouri valleys and the northern and central Great Plains—Tem| Miami .. New Orleans . New York ...... PRECIPITATION For Bismarck Station: if seszes NORTH DAKOTA POINTS he Lows est est Pct. ES svegeussssssesessennng? iy BRERSSREERSSSRSSRERRL: ca RERVSSSSSSRRVSBSeVsy Beg 88g BeBe eRe Fat : 5 Bg: aba Beg i pet BBLoSSSLSLLSSSSSRBVLASLASSSS assy pic beeeeeeeseeeeieet BRESERBEESSE’ e H chock full of that extra power and punch which makes a winner, instead of a runner-up. Pep up your cor with “| Purol-Pep gasoline GASOLINE: The second point was based on a MacDonald, ‘Temperatures |letter by Thomas H. Washington, D. C., chief of the fed- eral bureau of public roads, in which he said 75 road projects in North Da- kota were not properly maintained. ‘The letter was the only evidence a vanced on this point by the prosecu: tion. The third item in the prosecution ‘was a copy of a letter, written by Ol- son as highway engineer to district engineers, asking for a report on the feed conditions in their area. This was the basis for the charge that highway funds had been spent on business not connected with the high- ways. No additional evidence was offered on this point. The only witnesses called by the Lyngstad and office. That was all. ‘The defense attempt to get Welford to testify was based on an effort to into the record, even though tt 4 E i E i gesEeE® she i 3 fat! 2 y 5 charge @ written instrument. is silent on the sufficiency of the evi- | tory “You're attending to the governor's “—What do you want to know about it?” Baker back-questioned. “You do not consider that this in- terferes with your duties as adjutant: general?” Verret objected, claiming the ques- tion need not be answered. “I can answer it,” said Baker, He ore acheter Pern “The jutant general is sul the governor's orders at any time. He Me Gane his personal staff.” cross-examination further. Lyngstad identified war- ranis issued to various highway em- . Jin excess of statutory provisions. Welford insisted the second letter Imade no “chauge in the conditions of sjthe road. Ths letter is immaterial duty.” ‘The younger Crum hastily explain- ed “this is no reflection on you in any way. We think that in the order- ly course, you should be sworn.” Sathre, who had been sitting to one side, suddenly asked the chief ire you asking my ad- “Well, I suppose I should ask,” re- plied Welford. “—Then I'm advising you that you do not have to be sworn. You're act- eee Hed your official capacity,” opined “T consider it an insult to the gov- ‘Then. I be sworn?” the elder Crum pressed. “Yes,” said Welford. Claim Nullified A few seconds later, an attempt by defense counsel to establish Welford’s whereabouts to sustain the contention that the ouster action was void and illegal because Welford was out of the state at the time it was started, again precipitated a wrangle between “I object,” Verret interrupted. “I believe this is immaterial—all cight. Answer it.” Wieford replied uncertainly. “As a matter of fact, you left the state March 25 about noon?” ‘Welford said he did not recall. He said he arrived “on the regular sched- Defe ag on the grounds it was an weap quiz went on. ‘You Don't Have to Say’ The elder Crum asked Welford “who made these complaints?” and again met objections from Verret, who told the acting governor, “you do H E i g F if : te il g ak al tit i if A onal E ik Z i i r it i ait He 3 a i g i i i i i pial he Ee : li iat Fel ii } ij li j altogether.” “I have full khowlcdge of the let- ter,” Sathre suggested to Welford, “the defense evidence should be put in and if not then the case be closed.” forward the payments went. “We'd like to Verret objected, “if they were excessive at that time, they are excessive now.” Olson's letter to division superin- regard! feed ditions in the state, next was intro- duced in support of the contention woes hamper their regular employ- Baker again went on the stand to identify a list of employes and their salaries which had been given the acting governor by Olson and later “mtn Ai The introduction of the list com- pleted the evidence offered by the Prosecution. The elder Crum immediately moved for dismissal on the grounds “there has been no evidence offered or re- 4. i rs f : é z s hi a5 tr 5 g i F | a zt i. Fi ai? i i i ; Hl 2 i z ti | : a E a \ CRY Boheicw. MacDonald's letter stated that of 81 projects found unsatisfactory last | letter. summer, 75 remained unsatisfactory “at the present time.” Why the Roads Are Bad Plomasen from the witness chair, replied, “the chief reason is that al- places. Weather conditions over sufficient gravel has in 1933. Sathre on cross-exam- tion asked, “you want to be understood that all of the men dis- charged in 1933 were competent and those replaced were incompetent?” “Til say this,”. Piomasen said, “I'd say experienced men were and men in their places were in- experienced.” Sathre quizzed Plomasen as to whether he had discharged “so-called incompetent help and put on what you call competent maintainers?” after his return to the department. Plomasen replied that maintainers were “disturbed as little as possible.” |way trucks hauling Only 31 men had been put on as of Feb. 1. Many of them, he said were hew men on jobs created by taking over an additional 500 miles of newly- constructed roads. Big At Bismarck, during March, April and May of 1933, 61 of 126 men were dismissed, he said. Verret suggested that Welford ask the questions of the witness, to which the Crums objected. Plomasen testified it would be “im- possible to repair bituminous sur- faces during January and February.” To the charge contained in Mac- Donald’s letter that sub-grading showed through gravel surfacing, Plomasen replied “the gravel was worn out.” He testified the roads He testified there had not been jengineering enough moisture to “compact the The reports by MacDonald were made on the basis of inspections made last August and September, he said, asserting that 31 of the projects since had been ok’d by the federal bureau of roads and that a number of others had been placed in satis- factory condition but that no federal inspection had yet been made. In addition, he said 25 roads were tn the roads program for reconstruc- tion. A number of roads, he explained, had been taken off the main high- way system, and were under county charge, yet the federal bureau held the state department responsible. Welford Sticks te Letter Welford insisted he would “take the reply to claims made by the defense that conditions occurred in previous administrations. “You're vitally. interested in this 1}case, aren't you?” Verret asked Piomasen. “Yes, I am—in a way it’s a reflec- tion on my ability,” Plomasen re- plied. “I don’t mean that,” Verret said. “This means your job if this goes the wrong way, and you'll keep your job if it goes the right way, isn’t that “Oh, I don't care about that .. Plomasen said. Plomasen testified it would “take a year even if money ei iz H fil rs F d é * Zz ry € 8 3 F E i i t | Hil a2 gobee gk: i i : 7 - ly i z E ae i i Ts i i | E i ii Hy i i i 4 E i i HH fi ut J 4DOOR SEDAN Tate Ny’ 3 tasking him to clarify the original MacDonald, after his original let- iter, telegraphed Welford that his communication was not meant to be construed as meaning he desired want to explain why there was a change of heart on the part of Mac- Donald.” Olson also admitted he had tele- graphed to U. 8, Senator Gerald P. Nye, but that he received a reply Nye ‘was absent from Washington. Olson said he “could not remember exactly what was in the telegram.” “You're quite willing to admit that MacDonald meant what he said, in ere er reais ford. “Yes—I suppose so,” said Olson, “when they want something they go ‘after you pretty hard. I know that.” Olson said he believed MacDonald's letter was for the purpose of “im- pressing the need maintenance. Piomasen Is Recalled T. G. Plomasen, state highway tenance chief engineer. Frahm said there were several oc- general he was satisfied everything was “per- fectly proper.” Frahm declared he did not believe there had been any salary changes ce Olson became commissioner. hasn't raised any you kno’ queried Crum. “No, I think not, was the answer. Winter Work Impractical Asked if it is practicable to re- pair, rebuild, or regravel roads in January and February in North Da- kota, Frahm replied “generally not.” He said the dry weather has made maintenance “difficult” and that it Frahm “do you owe your appoint- ment to Ole Olson?” Frahm replied “No,” but he said he “could have been fired by him.” salary limits, Questioning legal Verret asked “Did Olson think salar- ies were too high?” “He didn’t say,” Frahm replied. Pressed further, Frahm said Olson | “wondered if the department was) Paying proper salaries; there was no; discussion of individuals. “In substance,” said Verret, “you; testify that if any mistake was made you are taking the blame?” Crum objected to the question as “unfair” and “calling for a legal conclusion.” Verret said he was merely asking that—if there was a mistake—and Frahm said he could say “yes.” Several Engineers Called Several district engineers were call- ed, led off by George E. Hanson of the Bismarck division. He was asked by Crum if since the first of the year there had been any time when “you could have repaired “Are there any roads at present where needed regraveling could have been done since January 23, 1935?” closed up, covered with frozen dirt.” Hanson testified the work of gath-| Did You Know? that yeu can refinish an average-sised room fer as $1.20 If You Use Muresco Vantine Paint & Glass Mrs. Man Mountain | 7 of the Georgia Deans jumped into & wrestling act Friday night, and stole the show from her 317- pound husband and his mat op- ponent, Bobby Stewart of Ala- bama. Stewart pulled the old pepper trick, suddenly producing @ pep- Per shaker. The Mountain groan- ed and Mrs. Dean leaped into the ring to comfort her mate. Stewart made wisecracks. Man Mountain’s missus grabbed up a stool and made for him. “Bull” Montana, the referee, got in Mrs. Dean’s way. She re- moved him with a good whack on the head and then draped the stool over Mr. Stewart's brow. It was ten minutes before quiet was restored and the man moun- tain kicked Stewart out of the ring and won the match. CONTINUEN from page one! Senate Action on Giant Act Follows Approval by House dersecretary of agriculture, Secretary Ickes and Rear Admiral Christian J. Peoples of the treasury procurement office have been mentioned as likely appointees to the board which the White House intends to set up to handle the huge fund. Many observers have predicted Ickes will spend the $900,000,000 of work relief money earmarked for loans and grants to states and com- munities. Some have asserted also ,; that he will be in charge of the $100,- 000,000 provided for rural electrifica- tion and the $450,000,000 housing fund. Hopkins, however, has won the president's praise for speedy housing work done in the past. ONTINUE D C from page one: France to Propose Mutual Assistance At Stresa Parley as an almost outright ultimatum to Germany, as @ result of Reichsfueh- rer Adolf Hitler's announcement of conscription and rearmament. Word in the foreign diplomatic cir- cles was that Premier Mussolini of Italy had presented Britain with a four-point agenda for the Stresa meeting, but it was definitely deter- mined the alleged document had not reached the foreign office up until Saturday morning. That these four points would be important topics at Geneva, however, has been generally accepted for some time. They are: 1—An effort to fix the attitude of Britain, France and Italy in regard to Germany's action which has ren- ered truthful collaboration of the ‘European family of nations” most difficult. 2—An attempt to form a common front among the three powers with a view to realization of the security program: outlined in the London com- munique of Feb. 3. 3—Consideration of the question of | Austria's independence and the best way to maintain it. 4—Consideration and possibly revi- sion of some of the stipulations in ithe peace ipreciny with Austria, Hun- id Bi a | Fights Last Night (By the Associated Press) Flint, Mich —Moose Butch, 127, Pittsburgh, outpointed Roger Ber- nard, 129, Flint, (8). vich, 137, Spokane, Branding Iron Linn, 136, Missou- la, Mont., (8). Hollywood, Cal—Tony Moran- go, 126, Philadelphia, outpointed Lew Feldman, 125, New York, (10). Bismarck Marble, Terrazzo and Tile Works Steps, Bedrooms, Fireplaces, ete. 520 25th St. Phone 1408-R How Are Your Screens? WHI they keep those pesky flies, ot member—We SCREEN EXPERTS nd We i Repair int ‘Them Aune’s Gees, & Carpenter Phone 205 “ Broadway Muscles Into Show | STATE MAY RECEIVE 12 MILLIONS UNDER BILL FOR HIGHWAYS Relief Measure Provides Alloca- tions for Roads, Streets, Grade Crossings Washington, April 6.—(7)—A $500,+ ppropriation for highways, nature. Chairman Cartwright of the house roads committee explained that pro- visions of the bill require that the roads funds be spent in the usual manner of federal aid road funds but sets up a different basis for allocating crossing elimination allot- ments. The chairman said “these funds are to be expended by the state highway departments.” Grade crossing funds will be appor- tioned on a basis of one-half on popu- lation, one-fourth on mileage of federal aid highway systems and one-fourth on railroad mileage systems. No por- tion of the funds needs to be matched by the states. | The Hayden-Cartwright amend- ment to the work relief bill which established the basis for allocating road funds also gives preference in the employment of labor to persons receiving relief, except those in ex- ecutive, administrative or highly skilled positions and authorizes the president to determine wages and hours of work so that rates of pay for all highway work from federal funds within a state will be the same. If the president does not exercise his privilege of shifting up to 20 per cent from the road allotment, the allocation by states includes: Grade Highways, Crossing State Rds..Sts. Elim. Total Minn. $13,530,000 $8,280,000 $21,810,000 N. D. 7,350,000 5,106,000 12,456,000 5. D. 7,630,000 4,392,000 12,022,000 AT LAST! 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