The Bismarck Tribune Newspaper, July 16, 1935, Page 1

_¥ om a ca i seam [at] THE BISMARCK TRIBUNE Generi fair day; artnet The Weather t; Soaten ESTABLISHED 1873 BISMARCK, NORTH DAKOTA, TUESDAY, JULY 16, 1935 PRICE FIVE CENTS JURISTS SPLIT 2-1 IN DECISION THAT - HITS FARM RELIEF Congress’ Invasion -of Inviolate Field Rapped in Boston Decision BILLION DOLLARS AFFECTED ‘Administration’s Entire Produc- tion Control Plans Now in Question BURLEIGH COUNTY FAVORS SALES TAX LAW AT ELECTION City Gives Margin of 320 Votes; Rural Precincts Follow General Trend Both Bismarck and county returned majorities in favor of the state sales tax at Monday's special unofficial election, according to Te- turns from all but eight rural pre- cincts, : Latest returns from the county, with 62 out of 60 precincts, including 2| seexadsenszae Miss Cashel’s Sister Succumbs at Winona Just be, despite ideal 17 bushels 1892 18.34 125 1803 15.91 105 1804 15.64 125 1805 17.30 21.0 1806 2357 125 1897 15.88 105 1808 16.15 15.0 1800 17.87 135 1900 19.06 45 1901 19.48 12.5 1902 19.34 155 1903 19.25 140 1906 19.02 13.0 1905 19.96 160 1906 19.72 15.0 1907 14.41 110 1908 18.64 13.0 1900 11.73 143 1910 12.19 65 1911 19.40 85 1912 20.35 160 1913 14.69 105 Insidious Black Rust Real Menace to Crops how insidious a destroyer of spring wheat black rust can tion and weather conditions, is shown by O. W. Roberts, federal meteorologist and crop observer for the Mis- souri Slope area, in a tabulation showing the relation of annual Precipitation to spring wheat yields in North Dakota since 1892. Roberts points particularly to the figures for the years 1915 and 1916. In 1915 the precipitation was 19.42 inches, the average yield per acre. In 1916 the precipitation was 20.50 inches, the yield 6 bushels per acre. The difference was due to black rust. Following is the table prepared by Roberts: Year An. Precip. Yield 1914 19.16 11.0 1915 19.42 17.0 1916 20.50 6.0 1917 10.92 15 1918 16.02 us 1919 15.76 67 1920 15.34 88 1921 19.50 82 1922 19.75 13.8 1923 11.76 82 1924 17.55 153 1925 16.81 123 1996 15.70 86 1927 21.52 129 1928 18.40 144 1929 14.32 96 1930 14.90 110 1931 14.99 64 1932 M11 104 1933 13.34 114 1934 9.50 5.60 1935 eeee sees Black Rust Cuts Western North Dakota Crop Outlook “STATE MILL ASKING INJUNCTION 70 STOP AAA TAX PAYMENT Competition fs Reason, Bonzer Declares Fargo, N. D., July 16.—()—Appll- cation for an and restrain- month of June. In May it paid $75,000 under protest. Since the processing tax went into effect the state mill and i : 7 [ f in eats ue g g i 2 i i FE F 5 5 (l etl feel HT bse & | J | fil fe B, ( f E : : iu i if s f Z [ H iE E 4 | : z 3 | SEE Ft] neces- sity of meeting competition of other No| flour mills. A “Also, most of the customers of the now are paying the proces- under protest. Consequently, ie g E Early Wheat in Dough Stage With Harvest in 14 Days Likely With western North Dakota’s wheat crop racing toward maturity against the threat of black stem rust, crop favorable early prospects. Agent Hf, oe Weather Observer O. . Roberts brought back = BUEPEDeFTETTEES i fy Z ; ELLY apt g backward spring and the difficulty which many farmers had in getting federal seed loans. Sunday for A. B. Murry, 82, a former roundup cook and ox-team driver who came to North Dakots 61 Hunt Coast Kidnaper As Slayer of Two Policemen sN. D. Voters Approve PROPOSED CITY TAX LEVY IS ONLY $1,160 ABOVE 1934 FIGURE jApproved Preliminary Budget Calls for Expenditures of $102,340 This Year BONDED DEBT IS REDUCED Bismarck Operates on Balanced Budget With $46,186 Unin- cumbered Cash Balance Bisniarck’s 1935 tax levy will be only $1,160 in excess of the 193¢ figure despite a rapid increase in the city’s population which has necessitated in- creased expenditures, a preliminary budget and report of expenditures Prepared by. Myron Atkinson, city auditor, showed Tuesday. The preliminary budget, approved by the board of county commissioners at their regular meeting Monday night, calls for a 14 mill tax levy for the fiscal year beginning July 1 bas- ed on the city’s assessed valuation of $5,300,000. The proposed tax levy is $102,340 for the fiscal year as compared with $101,400, the 1934 levy. Running Expenses $74,200 ‘The levy for general expenses of running the city is estimated at $74,- according to the preliminary 200, budget. Special levies will include $7,890 for bond interest, $10,250 for the bond sinking fund and $10,000 for other indebtedness. The last item includes the 10 per cent of the cost of new paving assumed by the city. The report of expenditures for the fiscal year ending June 30 shows $45,008.93 spent for salaries and wages, $32,712 for other operating and maintenance expenses and $4,981.63 for capital and betterment costs, making a total of $83,503.08, which is $17,996.02 less than the estimated ex- Penditures for 1934, Proot-thatthe city ts-operating on @*balanced budget is shown in the fact that while $83,503.08 was ex- pended during the year, there were collections of $90,276.97 made during the same fiscal period and the city has an unincumbered cash balance of $46,186.52 with total resources amounting to $119,131.25, Bonded Indebtedness Cut The city’s bonded indebtedness was reduced from $506,000 to $458,000 dur- ing the year and the special assess- ment indebtedness was cut from $975,000 in 1934 to $888,000. The total resources of the city, set at $119,131.25, includes, in addition to the unincumbered cash balance, $57,282.29 in estimated collections from prior tax levies and $15,662.44 in estimated collections from other sources which includes fines of the Police magistrate, collections at the city scales, receipts of the swimming pool, licenses, building permit fees, et. Earlier Monday evening, the city park board approved a budget of $10,500 for the coming fiscal period. ae park board levy in 1934 was $9,- Public on both budgets, which are subject to decreases by the board of budget review, will be held Wednesday, July 24, at the offices of the city auditor, at which time any '.|taxpayer may appear in favor of or against any of the proposed expendi- tures. Hearing on the city budget has been set for 2 p. m. and the park MILLER SCHEDULES LANGER RETRIAL IN SEPTEMBER COURT Vogel, Chaput, McDonald and Kinzer Also to Reface U. S. Charges ERICKSON’S TRIAL IS SET New Action Set for Capital City Unless Venue Is Changed Fargo, N. D., July 16.—(?)—Retrial of former Governor William Langer on charges of misuse of federal re- lef monies while in the office as chief executive, was ordered Tuesday in federal district court here by Judge Andrew Miller. Judge Miller also ordered retrial of four others convicted with Langer in June 1934 of obstructing the or- derly operation of an act of congress in connection with alleged misuse of federal relief funds. The United States circuit court of appeals recently overthrew their con- viction, holding there was lack of evi- dence to show conspiracy to solicit funds from federal employes. ‘The case was ordered placed on the calendar for trial in September, the exact date not yet having been fixed. Unless the defendants petition for a change in place of trial the case will be tried in Bismarck. Got 18 Months Sentence Langer was sentenced to 18 months in Leavenworth and fined $10,000. Others who were convicted and their sentences are: Frank Vogel, then head of the state highway depart- ment, 13 months and $3,000 fine; Os- car J. Chaput, business manager of the Leader, 13 months and $3,000; R. A. Kinzer, former secretary of the FERA, 13 months and $3,000; Harold McDonald, solicitor for the Leader, four months county jail sentence. " Oscar E, Erickson, publisher of the Leader, who was indicted with the others, was ill at the time the case was tried and will stand trial in Dec- ember. Langer, following his conviction at Bismarck, was ousted from office by the North Dakota state supreme court in July, 1934, being succeeded by Lt. Gov. Ole H. Olson. At the time of disqualification Langer had been renominated as Republican guberna- torial candidate. Order of Incumbents Mrs. Lydia Langer, who succeeded her husband as nominee, was in turn defeated by the Democratic nominee, Thomas H. Moodie. Moodie was dis- qualified from holding office because of failure to meet residential require- ments, and was succeeded by Lt. Gov. Walter Welford, now acting governor. The circuit court of appeals, in re- versing the conviction of Langer and four co-defendants, held in effect the evidence presented at the trial was not sufficient to demonstrate over acts which in themselves would con- stitute substantive offenses. The deci- sion was handed down May 7 at St. Paul. P. W. Lanier, United States attor- ney, who prosecuted Langer and the others, upon his return from a vaca- tion trip Tuesday, declared he be- Meved the government has a stronger case now than when it was tried be- NEW CHC OFFICERS STATIONED AT POST Group Takes Over Instruction Wednesday; Military Pro- gram Well Underway With training activities well under way and the see ane mlliery programs launched, group o! officers from the 356th Infantry Re- serve at the Citizens’ Military Train- ing Camp at Fort Lincoln will turn clean up the premises and were threa- with revocation of the license over the duties of instruction to a new group of incoming officers Wed- nesday. The officers are serving under the command of Lieut. Colonel Joseph 8. Leonard, who is aided by Maj. John L. Dunn, Fourth Infantry, and Major Chauncey H. Hayden, Infantry, De- tached Officers’ List. ‘The camp, which has a strength of 202 enlisted citizen soldiers, is directed by three groups of reserve officers from North and serve for overlapping periods. Reserve officers for the second J. McKnight, Brookings; Garnass, Rapid City; Frank Forcht- ner, Wykonda, 8. D.; Robert E. Ren- nard, Edgemont, 8S. D.; Delbert Scruvy, Huron; Stanley R. Voas, McIntosh, 8. D.; Coye E. Huffman, Pierre; Lyle} Kleinjan, Gregory, 8. D. and Harvey B. Arnegard, Williston; and Second Lieutenants John J. Pettis, Arlington, 8. D.; Cecil A. Mathews, Westhope, and Russell W. Hopper, Cando. YANGTZE RECEDES South Dakota who | in, Hankow, China, July 16.—(?)—The Great Yangtze river began to recede Tuesday from its record high level of the last two weeks, relieving some- what the apprehension of the: flood- populace. Pictured above is a 's graphic illustration of what happened Mon- day night in the year’s most spectacular celestial display, Notice that the earth, double shadow, the outer heavy inner shadow the umbra. received a part of the sun's completely hidden. At this point because one being In it is smaller than the sun, cast a called the penumbra, the moon still light, whereas in the umbra it was the only light on the moon’s sur- face was that refracted from the earth, making the moon barely visible. atmosphere surrounding the Hundreds Watch Earth’s Bank Looters Grab $500 in Wishek Raid Wishek, N. D., July 16—(7)— Three men in a black (Ford) coupe late Tuesday held up the Security State Bank of Wishek. The trio escaped with approx- imately $500, a hurried check as- certained. The car carried a Kansas Hi- VOTERS TURN DOWN PROJECTS 10 ERECT PUBLIC BUILDINGS |=": Dickinson Courthouse Will Be Built; Two Schools Assured Proposals for the construction of new public buildings at Williston, Steele, Lakota; Grafton and Devils Lake were defeated by the voters of Williams, Kidder, Nelson, .Walsh and Ramsey county, respectively, at the special election Monday. At Dickinson, Stark county, a bond issue for a new courthouse was ap- proved, while Inkster and Mayville voted bond issues for school purposes. It was at first believed that the proposal for a new court house at La- kota had carried, since a majority voted for it. A check of the law, how- ever, disclosed that a two-thirds mar- gin was necessary. The same situa- tion prevailed in Will‘ams county, where the vote in 38 of 71 precincts was yes 1,166, no 1,351. Returns from rural precincts indicated that the pro- posal would have a bare majority. At Steele, separate votes were taken on a new jail and @ new office build- ing. The former lost 1,068 to 671 and latter lost 1,099 to 640. Pigures from Stark county were not available but Auditor Martin Len- hardt said it was certain to carry. Inkster voted, 71 to 18, to issue $5,000 in bonds for a $10,000 school building, the remainder of the money to come from a federal grant. The vote in Walsh county on $100,000 in bonds to finance an $180,- 000 school building was no 1,758; yes 1,810. Mayville voted to increase its school tax levy and issue $30,000 in bonds to improve and enlarge its school build- 8. In Ramsey county the vote on the STOUD | courthouse, needing two thirds, with 32 of 49 precincts reported was yes 1,333; no 1,280. _ Shadow Obliterate Moon Longest Eclipse in 50 Years Plainly Visible in Bismarck Hundreds of Bismarck residents | “# watched Monday night as the moon moved into the shadow of the earth, then out again, It was the longest eclipse of the moon in 50 years and a similar phen- omenon will not occur again for an- other half century. ‘What happened, according to the astronomers, was that the moon pass- ed through the earth’s umbral cone, which extends 860,000 miles into space, at @ point approximatey 226,- 000 miles away. Light Rays Refracted To understand what happened, it should be remembered that the sun is much larger than the earth, hence the light from the sun’s outer edges fell on the moon for all but # short of the eclipse. Even then the earth’s satellite was visible because of light rays refracted by vaporous substances in the earth’s atmosphere. These gave the moon a pale, phos- Phorescent color. The moon touched the penumbra, in which a part of the sun’s light is cut off, at 10:15 p.m. (Bismarck time) and reached the umbra, or totally dark shadow at 11:12 p. m. It emerged from the other side of the thick cone an hour and 40 min- utes later and cleared the outer eage of the penumbra at 3:35 a. m. Visibility here was perfect through- out the period of the celestial pheno- menon and many persons remained awake long after bedtime to watch it. 100 Use Binoculars ©. W. Roberts, local weather ob- server, said about 100 persons came to the weather station and peered through his high-powered binoculars tw get a better view. At the Northwest Airways radio station, the operator said the occur- rence did not interfere with radio reception, in fact, it seemed to be ‘much better than normal. Scientists at the Yerkes observa- tory in Wisconsin said their examin- lation showed no changes in the crat- ers on the moon’s surface since the last eclipse. Works Officials Set Explanatory Sessions Fargo, July 16.—(7)—Relief and | Bismarck, pared Monday for Dic! Minot, this week to familiarize authorities on Project lineups. Sessions will take place We » Thursday, Friday and Saturday at the respective cities. PLANNING BOARD MEETS Fargo, July 16—(AP)—The state planning board meets Tuesday at Jamestown to hear committce reports by Myron Atkinson, Lyman E. Baker, and Dr. M. B. Hollis, all of Bismarck, and H. M. Pippin, Halliday. Python, Lion Attack Two Of Frank Buck’s Trainers Amityville, N. ¥., July 16—()—Two | 28-foot body around Lloyd as fellow Jungle—a untamed creatures of the python and a lion—bowed Tuesday, but not until they low two of their captors. The victims were trainers at the wild animal camp of Frank Buck, to man had laid| male lion broke from its handlers fought to free him. In the midst of the struggle, a large handlers State Sales Tax —_—_——__ 10,000 MAJORITY IS LIKELY AS COUNTRY VOTE OFFSETS CITY After 1,453 Precincts Report Favorable Margin Begins to Appear FARGO MAJORITY IS SLICED Pembina and Mcintosh Give Tax Measure Huge En- dorsements The tabulation of the vote by counties will be found on Page 7. North Dakota voters Monday ap- proved the state sales tax by a ma- jority which may reach 10,000. The latest figures, compiled short- ly before 3 p, m., Tuesday, were: 1615 precincts out of 2,242 in the state—Yes 57,786; No 54,443. Interests 0} the sales tax had conceded their defeat earlier in the afternoon. After being behind in the early tabulations made by the Associated Press, the levy slipped ahead when 1,453 precincts had reported. It then became apparent the only question was what the margin would be. Early returns, largely from Cass county and the city of Fargo had put MAINTAINS REPUTATION Fargo, July 16.—(#)—Traill county substantiated a reputation Monday for completing election returns. It was the first county to send completed returns to the state tabulating bureau here the Associated Press. z the sales tax approximately 5,000 votes i plete vast majority of the counties voted to support the tax but in general the margins in its favor were smaller than the majorities against it in the coun- ng where the opposition was strong- The opposition was centered in and about Fargo and Cass county, the In the west the sentiment of those voting generally favored the tax but the majorities were usually were Pembina, in the northeast cor- ner, which gave 1,989 to 1,049 while McIntosh reported 1,203 to 707. The heavy vote in Pembina was re- garded as a personal tribute to Gov- ernor Walter Welford, a resident of Neche, who was the chief campaigner for the tax as an emergency meas- ure and whose personal Lemke Secures Two More Petition Names