The Bismarck Tribune Newspaper, May 7, 1935, Page 3

ie i ' i 4 LAW SCALING DOWN INTEREST ON LAND GIVEN COURT TEST High Tribunal Hears Pro and Con Arguments on Consti- tutionality of Act Affecting hundreds of applications for scaling down of interest indebted- ness, a friendly test suit to determine constitutionality of a new law permit- ting the state board of university and school lands to reduce interest due on mortgages or rentals, Tuesday was be- fore the state supreme court. The court took the claims of uncon- stitutionality raised by Attorney Gen- eral P. O. Sathre and his assistant, Charles A. Verret, under advisement after arguments had been presented by the attorney general's office, and J. A. Heder, special assistant attor- ney general, appearing for the board. In his arguments, Sathre contended the law, senate bill 26, passed by the last session of the legislature, vio- lated four sections of the constitu- tion. Cites Sections Violated He asserted the measure contra- vened: Subdivision 27 of section 69 of the state constitution, “in that it is a spe- cial law releasing an obligation to the state.” Section 185 of the state constitu- tion, “in that it makes a donation to an individual, otherwise than for the support of the poor.” Sections 154 and 159 of the state constitution, “in that it attempts to permit a diversion of school and edu- cational funds, and that even though the legislature might be empowered to authorize the board of university and school lands to compromise in certain cases claims held by the state, such authority could not extend to enacting any law that would amount in effect to a violation of the afore- mentioned constitutional provisions.” Heder, appearing in opposition to the claims of Sathre, declared an emergency exists at this time and there is no means by which existing mortgages and judgments can be re- financed except through government loans and the government, in mak- ing loans in many instances, is “un- willing” to make a loan sufficient to pay the principal and interést of mortgages existing upon the land. Passed As Emergency Act With that knowledge, he said, the Spirit of King’s Will to Free Empire From Poverty London, May 7.—(4)—The spirit of King George's silver jubilee imbued Great Britain Tuesday with new determination to im- prove its economic conditions un- der the leadership of its beloved monarch. The carnival atmosphere reigned into the early hours Tuesday. Mingled with it and re- flected in the expressions of loyal subjects of all classes appeared & more sober will to free Britain from the scourge of unemploy- ment, poverty and hunger. This solemn rededication had its inspiration when King George knelt in humble thanksgiving Monday in St. Paul’s cathedral, The Times mirrored the gen- eral sentiment in its comment on the glorious weather which at- tended the jubilee ceremonies. “It should presage the lifting, perhaps the passing, of depres- sions, the return of sunshine, the endurance of calm—the king's weather for the king’s people.” The cheers which greeted the monarch’s every appearance Sixth Grade Honor Pupils Are Listed Sixth grade students at the William Moore school who placed on the hon- or roll or maintained perfect attend- ‘ance records during March were an- nounced Tuesday by Miss Helen Ricketts, instructor. They are: Perfect attendance—Isabella Abbot, Billy Aughnay, Walter Brophy, Clyde Cochran, Paul Gilbert, Beatrice Hen- dricks, Dorothy Knecht, Warren Little, Bernard Lueck, Margaret Ol- son, Mary Jane Refvem, Betty Rosen- thal, Quentin Rud, Clarence 6chmidt, Elaine See, Alice Stoen, Audrey ‘Waldschmidt and Barbara Wynkoop. Honor rolli—Warren Little, Elaine See, Margaret Olson, Margaret Ann Dolph, Betty Rosenthal, Dorothy Knecht and Barbara Wynkoop. Trio Is Rescued from Raft Caught on Rocks Kalispell, Mont., May 7—(?)—Ma- reoned for hours as they clung pre- cariously to a raft on rocks in the swirling waters of the Flathead riv- er, three youths were rescued early Monday. ‘ The trio, Howard Fales of Detroit; legislature passed the measure as an emergency enactment. In a prior action similar to the one now before the court, Heder said, the court held in both minority and ma- jority opinions that the board “would have the right to compromise claims for interest, if the legislature had given the power to do s0.” Heder denied the new law violated section 69 of the state constitution, holding the board is given discretion- ary powers to reduce, scale down or throw off interest and operates “alike on all mortgagors to the board . .- Who are similarly situated. The law applies to all debtors whether they are insolvent or not.” He also denied the contention of the attorney general that the law vio- lated section 185 of the constitution. “If this section has application to such funds,” Heder said, “then it would be impossible for the board to invest the funds entrusted to it, as required by section 156 of the consti- tution.” Interest, Heder asserted, does not become a part of the prin- cipal fund, until it is collected. Cites General Welfare Heder further contended that though the court might hold other arguments to be unsound, that the law was constitutional under the gen- eral welfare clause of the constitu- tion. He pointed out the general purpose of the act was to prevent wholesale foreclosures, resulting in title to land coming to the state and thus being withdrawn from tax rolls; to provide sustenance and homes and a means of livelihood for the poor. “If these lands can be kept in the hands of the present owner,” Heder said, “there will be less people on the relief rolls of the state. It is gener- ally conceded that what constitutes public welfare, is a matter of legisla- tive determination in the first in- stance. “If the mere fact that some indi- viduals gain the benefit by reason of an appropriation which has for its main object the public good, that does not make the appropriation un- constitutional,” Heder concluded. Pacific Lumbermen’s Strike Is Spreading Seattle, May 7.—(}—Crippled by the walkout of 12,000 loggers and mill- men the Pacific coast lumber indus- try was threatened Tuesday by @ strike of shingleweavers. at Aberdeen, Wash., reports that union leaders were to call a strike for the whole area Tues- day. Besides the 12,000 men who laid down their tools in western Wash- ington and Oregon, 3,000 loggers near Everett were kept from work by a strike of “key” boommen. Virtually every mill city of western ‘Washington and Oregen was affected by the walkout. Tiree of Seattle's 12 large mills were closed and the big mills at the important lumbering sen oe Longview, Wash., still were The strike, called by the sawmill and timber workers: union, followed demands for # 30-hour week with a minimum wage of 75 cents an hour, as compared with the present 40-hour week and a 41% cents an hour wage under the lumber code. Union recog- nition is also sought. Justice Agents Will Open Dakota Office Washington, May 7.—(#)—The jus- tice Tuesday announced Phoenix, Ariz. Trenton, Ni J, somewhere in the Dakotas. Paul Fergusson, Hatton, N. D., and Archie McDonald, London, Ark., left the Coram transient camp at 2 o'clock Sunday for @ raft trip down at the THE RISMARCK TRIBUNE, TUESDAY, MAY 7, 1935 iTraill May Collect Jubilee Kindles Monday were echoed again Tues- day. From every part of the empire ¢ame messages telling of the @eeply rooted feeling which binds crown and people as one family. Subjects repeated King George's words in his message to the em- pire: “I dedicate myself anew to your service for the years that may still be given me.” London was converted into a bit of fairland Monday night for the revels which climaxed the day’s celebration. The high spot was the early evening appearance of George and Queen Mary on the balcony of Suckingham Palace. Throngs kept their vigil outside the palace gates long king and queen had gone to bed. Prime Minister Ramsay Mac- Donald witnessed what he termed the “unforgettable” spectacle from an airplane. He also viewed from the skies the blazing ring of beacons fringing the British Isles, the first of which King George set aflame by pressing an elec- tric switch in Buckingham Palace. the fast flowing mountain stream. The craft caught on protruding rocks as it neared the rapids. At 11 o'clock cries of the stranded adventurers attracted ranchers liv- ing nearby and the alarm was relayed to Glacier Park ranger headquarters. Dr Rod Houston, an expert riverman, maneuvered 8 boat out to the raft and disengaged it, Fales floated down river with the cratt and finally swam to land. Mc- Donald clung to a log and was finally washed ashore. Fergusson, however did not get away until Monday mcrning when Houston was able to swing his boat close enough to the Tock for the refugee to reach it. [ _City and County 1 A girl was born to Mr. and Mrs. Erwin Boll of Elgin at 5:20 a. m, Monday, at the Bismarck hospital Mr. and Mrs, Edmund Dubs of New Leipzig ere the parents of a girl born at 5:35 a. m. Tuesday, at the Bis- marck hospital. Mr. and Mrs. C. D. Timball of Mof- fit are the parents of a baby girl born at 3:40 a. m., Sunday, at the home of Mrs, M. E. St. George, 208 Thayer avenue. ° An outstanding producer of palm oil, Nigeria exported 136,000 tons of the product in 1930. ‘®|Schmidt and Mabel ‘Olson, GYMNASIUM CLASSES WILL GIVE PROGRAM Tumbling Class Will Be Fea- tured in Attraction Sched- uled for May 20 A clown dance by members of the Bismarck high school girls’ tumbling team will be an outstanding feature of the third annual public demon- stration of the work done by the physical education classes of the Will junior high school and the senior high school, which will be given Mon- day, May 20, at the World War Me- morial building. The public is invited to attend this demonstration, for which there is no charge. A. Moackrud, O. P. Satrom, Nimock and O. E. Moe, who acted as sureties on ® depository bond issued $7,595 in the Galesburg bank. On Promissory Note The right of Traill county to col- lect $7,559 on @ promissory note given by directors of the closed Galesburg bank, was upheld Tuesday by the state supreme court. The court affirmed the judgment of the district court in Traill county, and held county commissioners have] poston, the right to institute and ; civil actions for the count: compromise suits thus brought “in the interest of the county.” prosecute , and to The judgment was appealed by G. Oliver The bank, after the money had been deposited, became insolvent and! closed. Later the commissioners en-j| tered into an agreement with the de- Girls taking part in the clown dance are Edna Sundland, Magda- lene Walters, Marian Myland, Jean- nette Sorsdahl, Wanda Stroup, Jeanne Schultz. Beverly Barnes, Edna, Marie, Solweig and Evelyn Nelson, Laura and Hazel Ellsworth, Flossy Dohn, Helen and Sarah shara, Goldie Byers, Harriet Cart- ledge, Georgia Mason, Edna Hanson, Gertrude Engen, Marguerite Belden, Hazel Hering and Lille Mauk. A group of high school students who will present a waltz ballet are Marian Pederson, Donna and Wilson Davis, Virginia Cayou, Jane Willson, Edna Nelson, Lillian Hedstrom, Lydia Langer, Ruth and Marc Christianson, Marjorie Hawley, Francis Register, Lester Kelley, Neil Croonquist, Elfred Elofson, Albers Thysell and Vernon Hedstrom. Mrs. Themar E. Simle, instructor in girls’ physical education, is in general charge of the program. She is assist- ed by George H. Schaumberg, boys’ instructor, and the high school or- chestra under the direction of Clarion E. Larson. Miss Gertrude Almos and Mrs. Juanita M. Edick have charge of make-up; Mrs. Melvina E. Pollard and Miss Myrtle Sandie, high school costumes, and the Misses Charlotte junior high school costumes. New Trial Is Ordered In Liquor Conviction A new trial for George Anderson of Fargo, convicted of violation of the state liquor laws, was ordered Tues- day by the state supreme court, which reversed the conviction before District Judge Daniel B. Holt of Cass county, on grounds of prejudicial er- ror. The court held that admission into evidence by the lower court of a search warrant and return by the ar- resting officer constituted error. YOU'RE HAPPY WHEN YOU'RE 3 FIT e AN Think back over the last month. The days you enjoyed ‘most were the days you felt in great shape. Increase these sunny days by keeping fit. Avoid common constipation due to insufficient “bulk” in meals. It may cause headaches, loss of appe- tite and energy. It dulls your en- thusiesm, takes the fun out of living. Kellogg’s Atu-Bran furnishes you with “bulk” in convenient form. Att-Baan also provides vitamin B and iron, This gentle natural food is much better than patent medi- cines. Unlike cathartics, it remains effective with continued use, Two tablespoonfuls daily are usu- ally sufficient. Severe cases, with each meal. If not relieved this way, see your doctor. At all grocers in the red-and- jtionally known portrait painter, were fendants, by which time of payment of the amount was extended to De- bsaopted 31, 1931, in the promissory note. 8r., 70, crippled mother of the artist,;ond floor bedrooms. John leaped and landed on a soft bit of lawn, vir- tually unhurt, but his two sisters, suffering from severe burns by the rapidly spreading flames, were furs ther injured when they Jeaped, Later, the court found, the note be- came due and was unpaid. The county sued and obtained judgment. Four Die as Flames Raze Artist’s Home May 7—)—Four Persons, including the mother and 14-year-old daughter of John LaValle, interna- burned to death or killed in leaps as fire swept the artist's home Tuesday. Seven other persons were injured. The dead are Mrs. John LaValle, burned to dea:h in her bed. Alice LaValle, 14, daughter of John LaValle, burned to death; Miss Mary Dolan, 24, maid in LaValle home, killed in leap from fourth floor, and Miss Kathleen Costello, 25, killed in fourth floor leap. John E. Hearn, state game warden John LaValle, 10, and his sisters}in Webb county, Texas, has killed 65 Mary and Ellen, were trapped by the| Mexican lions since appointed to the upward-rushing flames in their sec-| service in 1930. mitt who know the high quality and better value to be had in the double-tested —double-ection K C Baking Powder. It produces delicious bekings of fine texture and large volume. 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