The Bismarck Tribune Newspaper, May 7, 1935, Page 1

¥==| THE BISMARCK TRIBUNE The Weather ‘Shi and cooler H ON ed est ESTABLISHED 1873 BISMARCK, NORTH DAKOTA, TUESDAY, MAY 7, 1935 PRICE FIVE CENTS Langer Convicton Reversed; U. S. Court Orders New Trial TOLLIN AIR CRASH _ INGREASED TO RIVE ASINQUIRY STARTS Senator Cutting’s Body Being Taken to New York To- day for Burial DEATH OF OTHERS FEARED Investigators Learn Pilot Bol- ton’s Last Words Were ‘I Ran Out of Gas’ Macon, Mo., May 7—(#)—The death toll in the crash of the fog bound ‘TWA airliner near Atlante, Mo., was increased to five Tuesday with the death of Mrs. William Kaplan, of ‘West Los Angeles. Mrs. Kaplan, wife of William Kap- Jan, Hollywood film studio executive, died early Tuesday morning, nearly 24 hours after the big dual-motored craft struck the earth while the pilot was seeking an emergency landing ‘tield. rs Two others were described in a cri- tical condition as a result of injuries suffered in the accident which brought .death to Senator Bronson Cutting of New Mexico. The condition of Paul Wing, Holly- wood, was reported “very low.” C. B. Drew, Santa Monica, Calif., although reported in a critical condition, was said \y physicians to be resting well after a blood transfusion. Seek Cause of Crash The dying words of the pilot, bits of wreckage and the stories of survi- vors and rescuers form the jig-saw pattern of which investigators sought the cause of the crash. Without the information which pl- Jot Harvey Bolton and Co-Pilot Ken- neth H. Greeson .could supply were they alive, investigators referred re- Peatedly to Bolton’s Jast words: “I ran out of gasoline.” _ Senxtor Cutting, Greeson ind Miss Jeanne Anne Hillias, 20, Kansas City, were dead when rescuers reached the; scene. Bolton died a few hours lat- er, Everett Wiggans, a country store- keeper, who was among the first to reach the dying pilot, said Bolton ex- pressed concern for his injured pas- eengers. The words of the victims were re- peated before a coroner’s jury which were under way by the department of commerce and the air line. NEW DEAL LAWYERS Who's Oldest Missouri Slope Mother? In connection with the nation-wide observance of Mother's Day next Sunday, The Tribune today inquires who is the oldest mother in the Mis- souri Slope district that all may join in paying honor to her. If, by chance, she proves to be the oldest mother in the nation she will receive a gold medal from the Golden Rule Foundation, New York city. To win she will need to have real distinction to exceed the age of Mrs. Rice of Memphis, Tenn., 103 years old and the mother of 15 children, or Dr. Davenport of New York City, 111 years old and the mother of 11 sons. To enter a mother in this contest all you need do is send her name to The Tribune, giving her age and the date and place of birth. DR. CHARLOTTE DAVENPORT Area Scout Jamboree STUDY EFFECTS OF} §=Wwill Open Here on May 17 RAIL ACT DECISION commis cosinor io m-|Patman Leaders Concede Vote Expect- ed by Nightfall Will Kill Harrison Plan Washington, May 7.—()}—New Deal rail pension decision to whether it had dealt a NRA and the Roosevelt social program. The aftermath of the 5 to 4 Jaw books found: 1, Some NRA officials saying that @ reading of newspaper summaries now in committee in the senate, might ley A. be revamped in the light of the ruling. ‘The rail pension act, under roads and employes were called upon to make eompulsory contributions to pension workers at the age of 65, was declared unconstitutional on two principal grounds: Will Seek Revised Law That forcing a railroad to contrib- lawyers embarked Tuesday upon a de-| May 17, 18 and 19, Paul O. Netland, tailed study of the supreme court’s|Sfe® scout determine | Tuesday. body blow to} Arrangements for the three day ruling| reds of dcouts from the Missouri wiping the giant pension plan off the| Slope area, were gotten immediately Bil is Passed by U. S. Senate Washington, May 7.— (AP)—The senate late Tuesday passed the Pat- man bill for cash payment of the Soldiers’ Bonus. The measure now goes to the president. ed to Direct Three-Day Camping Exposition ‘The annual Boy Scout camping ex- position and jamboree of the Missouri Valley Area council will be held here executive announced program, attended annually by hun- under way with the naming of 11 committee chairmen to direct the Jamboree activities. Committee heads named were W. H. Payne, publicity and invitations; Torolf Johansen, program and enter- ADDITIONAL RAINS Secor Soetn rece] REPORTED ON SLOPE} "|Further Showers Forecast for Tuesday Night; Entire Area Is Benefited displays. Tentative plans for the camping] Precipit exposition are along the lines follow- ed in previqus years. CITY FATHERS PASS zee ub ag 28 Se BSEERE. {mn the.line of march. Organized kittenball will keep trol and we are faced with a situation| semaphore signaling, extradition of Jack Smeltzer, in where congress is impotent to enact|tenderfoot knot tying contest, tender-|at Center, Tex. to North Dakota to this type of legislation, then we'll have) foot scout ‘law contest, water boiling| face a charge of murder. Smeitzer is PARKING, PLANNING BOARD ORDINANCES Action to Curtail Peddlers Brought Up Again on Peti- tion by Local Firms NEW UNDERPASS IS ASKED Delegation From South Side Asks for Improvement at Ninth Street Two new ordinances were read for the second time and adopted by the board of city commissioners Monday night. ‘The first was a revision of the one- hour parking ordinance to restrict perking on Broadway Ave., from the postoffice driveway to Third 8t., and on Third 8t., from the corner of Broadway to the postoffice driveway to not exceeding ten minutes between 7a. m. and 11 p. m. The second was the city planning commission ordinance calling for the appointment of five members to serve with the city mayor, city attorney and city engineer in coordinating the city program with the work of the state Planning board. Mayor A. P. Lenhart said he would ‘announce the appointments next week. The appointments are subject to the approval of the board. The ordinance provides that the new mem- bers take office June 1. On petition of business firms, the “peddlers” ordinance on which ac- tion was deferred last year was brought up again and will be given further consideration at the next regular meeting of the commission. Ordinance Outlaws Peddlers The ordinance prohibits solicitors, peddlers, it. vendors, magazine jaubscriptic agents and similar agents to solicit at private homes without an invitation from the resi- dents. Enforcement of the ordinance is left to the police with the maximum fine set at $100. A delegation of men from the south side, headed by Carl Nelson, manager of the Armour company plant, ap- peared before the board requesting the construction ‘of an underpass be- low the Northern Pacific tracks on Ninth St. Nelson, spokesman for the group, cited the extensive traffic and hazards to safety at the Ninth St. crossing and urged the commission to take advantage of the federal gov- ernment’s offer to construct the un- derpass. A resolution, introduced by City En- gineer T. R. Atkinson, was passed ap- proving the construction. Copies of the resolution will be sent to the state highway department, the bureau of public roads and the Northern Pacific railway officials. Homer Spohn at the same time introduced a resolution favoring a pedestrian underpass on Washington St. near the ball park and it was also approved. Extend Business Zone A recommendation of the board of adjustment to extend the business zone was approved. Added to the business district was the block be- tween Second and Third streets be- ginning halfway between Broadway and Thayer avenues and extending | Pe north to halfway between Thayer and Rosser avenues. Lloyd Anderson was appointed spe- cial policeman on the capitol grounds with “full police powers. The board turned down the offer made by Mrs. P. H. Register for settlement of de- linquent property taxes but instruct- ed the city auditor to make a count- er offer. Petitions for several water mains were read but action was deferred un- til delinquent taxes had been paid. Dr. R. 8. Enge was granted a doctor's courtesy card for parking in restrict- ed areas. ‘The city weigher'’s report for Apri} showed 1,527 loads weighed with the revenue amounting to $152.70. Re- ports of the city police magistrate for three months showed fines totaled $5.90 in February, $8.95 in March and $70.90 in April. Munger Accepts Post With Big Supply Firm vacant by the recent death of James C. Maresh of Fargo. Munger, le ever, will continue to make his home in Bismarck, L. R. Reynolds, a tative of the Western Newspaper Union branch in Fargo, said in several women contestants in a diaper derby held Monday in connection to get behind a constitutional amend-; contest. blanket stretcher race and! accused of a shooting at Hope, N. D., ment.” ; first ald contest. August 13, 1933, v jWith a better homes exhibit. > The three federal judges pictured above Tuesday handed down the decision which reversed the cdnviction of William Langer and his co-defendants on charges of conspiracy against the government and granted them a new trial. Reading from left to right they are Arba 8. Van Valkenburg, Archibald K. Gardner and Joseph ‘Woodrough. Langer Highly Pleased With Court’s Decision Former Governor Says Big Business, Aided by Nye, Hopkins and Farley, Caused Trouble; Asserts Others Collected More for Politics Than He Did Advised by the Associated Press of the court’s decision in his appeal, Former Governor William Langer first sald he had no comment. Later he issued the following written statement: “When, as governor, I was arrested, I announced that I was innocent and that Big Business wanted me out of the governor's office. To please Big Business the United States government has spent approximately $125,- 000.00, or nearly as much as was spent in the Lindbergh case, in a con- temptible effort to send five innocent men to the penitentiary and ruin their families for political purposes. “Proof that I was right is that with- in four weeks after I was removed the railroads got a tax reduction of $34,000,000 in assessed valuation—a present of about $3,000,000 less taxes @ biennium. And now those railroad lawyers are favoring other methods to tax the common people to make up this $3,000,000. “As soon as I was removed the en- forcement of the moratorium under Acting Governor Olson became a joke —and as for the embargo—well, when I declared it we had millions of bushels of clean seed in North Dakota and the price was 49 cents a bushel for durum and about 20 cents for rye, barley and oats. Today, the farmer needing seed has to pay $1.60 for durum, $1.10 for barley and other grains are in proportion. Blames Big Business For Trouble “Big Business in all its terrific hideousness showed its power and it had the willing assistance of Harry Hopkins, Senator Gerald P. Nye, Big Jim Farley, and others of their ilk. “To finance a campaign the money must come either from the corpora- tions or the common people. Under Governor Burke, a Democrat, they collected 10 per cent; under my prede- cessor, Governor Shafer, nearly 15 r cent was collected from em- ployes. I determined to wipe out these assessments and every contributor had an opportunity to get his money back by selling subscriptions to & People’s newspaper known as ‘The Leader. Not a single employe lost his job or was coerced for his failure to agree to the plan and the United States government, in all its investi- gations, couldn’t find one. “Corporations were not solicited for campaign contributions during the time I held the office of governor— @ record that even the Democrats can’t equal. “I felt that as soon as my case reached an unbiased court even Washington would.not be able to in- fluence them. So long as we have independent courts civil liberty will not perish. “In conclusion I am really glad that the United States government spent nearly $125,000 to prove that I am an honest governor.” The executive committee of the Tuesday afternoon that there would be a celebration at eign beginning at 8:30, for ger co-defendants in the conspiracy case. sumed his practice at EXECUTION STAY GRANTED Jefferson City, Mr. May 7.—()— Governor Guy B. Park Tuesday granted Walter McGee, kidnaper of Miss Mary McElroy scheduled to be hanged in Kanses City Friday, a stay @f executiqn until May ai, |\Judges Declare Political Levy Not a Violation Appeal Court Makes No Comment on ‘Ethics or Propriety of Praox tices’ But Sees No Proof That ‘Lawful Function of Government’ Was Obstructed by Acts DECLARES NO FEDERAL STATUTE WAS VIOLATED Fact That Assessment Was Confined to State Employes Held to Render Government Powerless; Finds No Con- spiracy Against Federal Set-Up St. Paul, May 7.—(AP)—The United States circuit court of appeals, in a decision handed down here Tuesday reversed the conviction of William Langer, former governor of North Dakota, and four others charged with conspiracy to misuse federal relief funds. The five were convicted in federal district court in North Dakota, June 17, 1934. The case was remanded to the U. S. district court of North Dakota for a new trial. The five appellants were convicted’ ‘under an indictment which charged them and four others with conspiracy to administer corruptly federal statues relating to the distribution of emergency relief funds. The charge grew out of alleged solicitation of workers paid with federal relief funds for political contributions. Testimony at the original trial showed various workers had been assessed contributions of five per cent of their salaries for “The Leader,” Langer political weekly newspaper. Lanier Is Silent on Decision Fargo, N. D., May 7.—()}—United States District Attorney P. W. Lanier issued the following statement on receipt of word of the court's decision: court's opinion. As supreme court of the United States at Washington. With propriety I It may go to the supreme court of As a matter of fact, it may be that this case started.” WOMEN TAKE LION'S SHARE OF PULITZER LITERATURE AWARDS Board’s Announcement of Akins Play Selection Brings Blast of Criticism New York, May 7.—(#)—A blast of criticism sounded Tuesday in the wake of the announcement of the year’s Pulitzer prize play, “The Old Maid,” by Zoe Akins. ‘The drama, adapted from a story by Edith Wharton, was chosen by the advisory board of the Columbia School of Journalism as the best American play of 1934. Clayton Hamilton, who resigned last year after serving 16 years on the Pulitzer drama jury, said the board had passed up the “finest play of the year and of many years”—“The Chil- dren’s Hour”—for a play which “is not original and which is merely the transference of a novel to the stage.” In Hollywood, Miss Akins replied: “I'm not interested in discussing this. However, in all fairness, I must point out that ‘The Green Pastures’ (1930 Pulitzer prize winner) also was an adaptation.” By Butler The drama winner was announced by Dr. Nicholas Murray Butler, presi- dent of Columbia University, Monday night, along with the Pulitzer awards in other fields. Women received two other major literary prizes. A first novel, “Now In November,” by Josephine Winslow Johnson, 24- year-old “Missourian, was given the $1,000 award for literature. Twenty - three - year-old Audrey Wurdemann of Seattle won the $1,000 poetry prize for her volume, “Bright Ambush.” The prize for the best example of @ reporter's work went to William H. Taylor, New York Tribune sports writer, for his stories on the Amer- ica’s Cup yacht races last Septemner. This was also 8 $1,000 award, as were those in history and biography. The prize for the best American biography went to Douglas S. Free- man, editor of the Richmond (Vs.) News Ledger for his four-volume work, “R. E. Lee.” David 8. Muzzey received honorable mention for his “James G. Blaine.” Yale Professor Gets Award The history prize was awarded to Prof. Charles McLean’ Andrews of Yale University for “The Colonel Period in American History.” The Sacramento (Calif.) Bee was given a gold medal for a series of stories by Arthur B. Waugh, associ- fate editor, on an appointmenit to the federal bench in Nevada, selected as the “most disinterested and merit- orious service by an American news- Perne Sheboygan (Wis.) Press re- ceived honorable mention for an in- vestigation of state hospitals. The $500 award for the best ex- (Continued “ag Page Two) Cases of Four Others Covered by Decision Convicted with Langer, who was sentenced to serve 18 months in a federal penitentiary and pay a $10,000 fine, were Oscar J. Chaput, Frank A. Vogel, former state highway commis< sioner; R. A. Kinzer, secretary of the state emergency relief committee, and Harold McDonald, solicitor for “The Leader.” Their cases also were covered by the appeal. Langer, who was state relief administrator under federal appointment at the time of the alleged violations, subsequently. was removed as governor by state supreme court order. Judge A. K. Gardner wrote the opinion of the court. He and Judge J. W. Woodrough and Judge A. B. Van Valkenburg heard the appeal, argued in Kansas City in March. The court in effect held the evidence presented at the trial was not sufficient to demonstrate overt acts which in theme selves would constitute substantive offenses. Makes No Comment On Ethics or Propriety “Whatever we may think of the ethics or propriety of the practice employed by appellants to secure funds for political purposes,” the court said, “it is not a matter of concern to the federal government unless some lawful governmental function was thereby obstructed. In other words a conspiracy or plan to assess state employes was not an act violative of any f 1 statute and hence so far as the federal government is con- cerned not criminal. So far as the direct evidence of any plan or conspiracy for the collection of these funds is concerned, it was confined to the assessment of state employes. We have searched diligently for direct evidence of any plan beyond this and counsel for the government have called our attention to no such testimony.” 5 Charges against three others tried were dismissed at the close of the trial by order of the court. Those involved were Joseph A. Kinzer, Paul J. Yeater and G. A. Hample. Oscar Erickson, ill at the time of the trial, is to be nied at the December term of federal district court in North akota. Government Contended They Were U. S. Workers At the trial government attorneys contended not only state employes but federal relief workers were asked to contribute to “The Leader” fund. Ole H. Olson, the lieutenant governor, served out the re- mainder of Langer’s term. Langer, although renominated as a Republican candidate for governor following his conviction, withdrew. His wife, Mrs. Lydia Langer, replaced him on the ticket and was defeated in the election by Thomas Moodie. Moodie served only about a month of his term, ousted by the supreme court because of constitutional ineligibility for the of- fice. Walter Welford, named lieutenant governor in the Novem- ber election, now is serving as acting governor. In remanding the case for new trial, the court held that funds loaned by the Reconstruction Finance Corpora- tion to North Dakota for relief pur- poses may properly be considered gov- ernmental funds. The court also held that the in- dictment against the defendants was sufficient and that the emergency acts under which the federal—funds in question were distributed are consti- tutional, : Fraud Not Charged After citing the belief that salaries paid clerical help “may well have been excessive to enable the employes to comply with the demand made for contributions” the opinion said in part: “Money intended for relief of the distressed would thereby be diverted from its intended purpose to the uses the Dower of postion to compel con. the power of compel con- tributions out of such salaries, whether excessive or not, would ob- struct the administration of the state jana the accomplishment of its pur- poses, because efficiency and morale might thereby be lowered. “But it is urged that fraud is nob charged by the indictment. We con- clude that this contention of appel- lants cannot be sustained. So far as the indictment is concerned, there is sufficient allegation of conspiracy to defraud. “The government contends that it may properly be inferred from the evidence that appellants also had in of North Dakota engaged in the -d- ministration: of the relief funds. The gist of the offense, as has already been stated, is the alleged conspiracy to obstruct the administration of a governmental function. It is not claimed that the overt acts charged in themselves constituted substanta- tive offenses. Unless there was such A” conspiracy the conviction of appel- lants cannot be sustained. - State Issue Not Involved “Tt is contended by the government (Continued on Page Two) y .