The Bismarck Tribune Newspaper, November 13, 1935, Page 7

aie : ____THE BISMARCK TRIBUNE, WEDNESDAY, NOVEMBER 13, 1935 7 APPROVAL OF WPA ROAD JOBS HELD UP Labor Load Not Available Now for Further Projects, Moodie Says Approval of additional WPA high- way and grade separation projects in North Dakota has been held up tem- porarily at least, federal and state Officials announced Tuesday. Thomas H. Moodie informed W. J. Flannigan, state highway commis- sioner that he “cannot” approve ary further projects of the state highway department “at this time for the rea- son that the labor load is not avail- able.” Moodie stated that under the ‘Works Progress administration pro- gtam projects must be finished by June 30. He said further approvals may be given later when the pro- jects already approved have been placed under way and investigation of proposed grade separation projects completed. Flannigan announced that 21 high- way projects and 15 grade separation ‘WPA projects had been approved and 49 highway and six grade separation projects held up by Moodie’s order, constituting the first half of the highway department’s program. The second half of the program has not yet been submitted for approval, Flannigan stated. Cowboy Evangelist Detained in Embassy Moscow, Nov. 13.—(#)—Ernest El- jmer Baker, long, rangy bricklayer and cowboy from Menard, Tex., who walk- éd across part of Germany and all of Poland to preach the gospel to the Bolsheviks, arrived in Moscow Wed- nesday. It is a year and nine montis since his departure from Menard. He was brought here by two Soviet guards from a hospital near Minsk, where he had been for the past two and a half months, and turned aver to the United States embassy. The embassy has made arrangements to send him home. Farmers Repay More Than Due in October St. Paul, Nov 13.—(?)—The federal land bank of St. Paul, serving Mifi- nesota, North Dakota, Michigan and Wisconsin, Wednesday reported far- mer borrowers repaid during October almost $1,000,000 more than the total due for the month. Roy A. Nelson, bank president. not- ing the $2,443,000 in cash installment payments as a record for any month, called the return “gratifying.” Many farmers and farmers’ wives. he said wrote they were glad to be able to make the payments. eather Report| WEATHER FORECAST (E For Bismarck and vicinity: Partly cloudy tonight; Thursday generally is fair; not much change in tem- perature. For North Da- kota: Partly clou- dy tonight; Thurs- day generally fair; not much change in temperature. outh Da- Unsettle d, slightly colder central and east poriacs tonight; ey generale ‘air, co er FAM southeast and ex- treme south portions. For Montana: Unsettled tonight ‘and Thursday; colder tonight ni west, and south portions east of Di- vide. For Minnesota: Unsettled tonight and Thursday; colder in northeast and at Twin Cities tonight and in eae -cenieel and extreme south Thurs- jay. WEATHER CONDITIONS A high pressure area extends from the Great Lakes region northwest- ward to northern Al » ‘The Pas, Manitoba, 30.34, while a low pres- sure area, centered over Arizona, Phoenix, 29.86, extends northeastward to Nebraska, The weather is some- what unsettled in the central NTINUE C 0 from page one Trial Proper Ends At 3:05 P. M. With Charge Delivered @ view to furthering ttie politicai phil of the particular political losophies | faction to which the defendants vere allied. “It is conceded the plan was com- municated to one or more of the de- fendants on trial. It is coiiceded the plan was put in operation, that so- were made and that funds /rom the solicitations were used in part to establish the newspaper. Cites Specific Law “That evidence standing alone, isn't evidence of any offense at all. There PLAYERS’ COMEDY SCORES BIG. HIT Peters Wins Large Audience With Clever Impersonation of Six Characters The performance of “Tons of Money” before an audience estimated at 1,000 Tuesday evening in the Bis- marck city auditorium, marking the Bismarck Community Players’ bow for the 1935-36 season, was one of those happy successes of which ama- teur theatrical directors and actors often may dream but rarely réalize. The unexpected pops up contin- ually ‘in the excellent modern farce of Will Evans and Valentine in which Aubrew Henry Maitland Alling- ton, most capably interpreted by Herman Peters, and Louise Allington, portrayed by Auvurne Olson, seek to delude their creditors after they have inherited “tons of money.” They plot Allington’s death and tsubsequent reappearance as George Maitland but find their plans frus- trated when a succession of Mait- lands appears. Jean Everard, enact- ed by Alice Jensen, surprisingly is the wife of George Maitland, which adds more and funnier complications. The piece keeps the audience laugh- ing until the final cuttain when it is found that all the effort has been in vain, the immense estate having been dissipated by attorney's fees and the Mexican government. Peters Has Six Changes The performance of Peters, has @ thoroughgoing knowledge of dramatic appeal, was.outstanding and far exceeded anything that an au- dience would expect in a home talent production. His gymnastics when he fis nothing in the law to preyent the governor from doing what he started out to do; there is nothing law to prevent. solicitations of state employes for funds for political or personal . purposes: unless ployes are charged with some gove ernmental function. licitations or collections, of employes} in the those em- it was done with the purpose and intention of obstructing a federal government function.” . H Judge Wyman instructed the jury | that the federal acts set out in the indictment were set up for the pur- pose of loaning public monies to various public and private institutions and that they made some of the} monies available to the “several, states from federal aid highways and | distribution of monies for direct re- lief to destitute people.” “It's admitted that several appro-| priations were made,” Judge Wyman instructed the jury. “It’s the record’ in this case that North Dakota re- ceived its allocation of these funds, | and that portions of these funds; went to federal aid on the highways | and other funds were expended for | direct relief.” State Officials in Sense Because appointment of officials of ithe emergency relief committe: and of the state highway department were appointed by the stats and were citizens of North Dakota “they are in that sense state officials,” Judge ‘Wyman said. | “There is evidence here,” he con- tinued, “that a certain per2cntage of | itne salaries of these employes was | paid out of funds received from the federal government and I think evi-; dence that all of the salaries of the) emergency relief committe: and sal- ‘aries of relief employes came from the federal government.” “As I view the law,” Judge Wyman told the jury, “the question ss to who paid the salaries is wholly immaterial except cnly as it might Ww dight on the interest of the government iu the proper administration of covern+ {mental projects by those eu.ployes. “The question of interest to the! | jurors is not who pald the salaries, ' but the question to concern the jury! is were these men (empmyes) the/ {agencies or instrumentalities of the | fe*eral_zovernment? | Were U. S. Instruments | “You are charged,” he said to the; jury. “that the state highway com-j mission, insofar as it relates to the) federal aid highways, were and are) Instrumentalities of the federal gov- | construction of these | jernment in highways. | “You are charged that any commit- | {tee appointed by the governor, and | charged by law with the responsi-| ‘bility of administration of the emer- gency relief statutes were and are, {governmental agencies and instru- | mentalities for the purpose of the; who| governmental function of administra- | through solicitation of relief and high- jtion of these particular laws. ' \"“tf, however, the conspiracy was an | lagreement that these men would so-; licit five per cent or any percentage | fof these governmental instrumen- set by Federal Judge A. Lee Wyman, who also presided over the conspiracy case, former Gov. William Langer and three co-defencants at noon Wed- nesday was but a few hours away from the jury, with only the judges “There is no violation, then, unless|charge remaining to be heard. lobstruct administration of an act of entered brought the first laughs and|talities of employes for the purpose his six character changes were indi-|and intent of obstructing the gov-j vidual, clearly drawn . and . cleverly|ernmental function of administering costumed. His skilled acting was the|the particular statutes with which | - | Players ranks, made brief but effec- brightest feature of the play. Miss Olson, feminine lead of many Players’ productions, again. turned in the fine performance that local au- diences have come to expect Her pantomime was as handled as her lines. cleverly. the casts of Players’ productions since Lake, had in Miss Everard a gave her lines to good effect. Pearl Bryant, high school instruc- tor making her debut with the Play- ers, threatened at times to steal the} show with her interpretation of Miss; Benita Mullett, hard of hearing and! ee to temper. } Play Identical Parts The identical make-up end clever acting of William Carr 1s Henery. impersonating Maitland, and Burkett | Huey as the real George Maitland, kept the audience deceived as to their identity. Jack Vantine, new in tive appearances as- Giles, the gar- dener. Given the part of James Chesterman, a solicitor, E. M. Hen- dricks had the only straight role in the play and handled it with natural- ness of movement and speech and a suavity that should make him a fa-| vorite if he continues in theatrical | work. The portrayals of Sprules, the buft- | ler, by Milton K. Higgins and Simp- | son, the parlor maid, were notable for | faithfulness to dialect and clear cut pantomime. Orchestra music directed by Clarion northern districts and precipitatien has occurred in the north Paci: coast states. Tem) ures somewhat over the northern Plains, but =r are somewhat ghee over the western Canadian inces. Bismarck station barometer, inches: 28.27. Reduced to sea level, 30.15. ‘Su y 7:44 a. m. Sunset today 5:11 p. m. PRECIPITATION For Bismarck Station: ‘Total this month to date ..... Normal, this month to date Total, January ist to date Normal, January ist to date Accumulated excess to date .. NORTH DAKOTA WEATHER Low- High- .|play, which was altogether one of the | g | technical: staff. FE, Larson and a baton twirling drill, which featured Dorothy Barneck in single, double and fire baton twirling. | made the intermissions pass quickly. ; The performance ran only a few min- | utes over two hours, .a commendable | feat for an amateur cast. | Putnam Directs | Emery T. Putnam directed the! smoothest and most flawless given by the Players in recent seasons. ° - will be five more plays in the 1935-38 schedule, ; ; There was a large business and Laurence V. Nelson was business manager and publicity head; Avery Eppler, assistant busi- ch: ness manager, and Kenneth Peterson, est est Pct.| manager. BISMARCK, cldy. .... 15 35 .00 . Devils Lake, snowing 8 28 00 ‘Williston, cldy. .. 16.00} * Fargo, cldy. ..... 36 «00 Grand Forks, clear ... 17 37 08 Jamestown, clear 33.00 Minot, cldy. ...... 28.00 WEATHER AT OTHER Low. Amarillo, Texas, clear Boise, Idaho, cldy. Calgary, Alta. clear Chicago, Tll., cldy. Denver, Colo., pcldy. .. Des Moines, Iowa, cldy. lear 32 6 16 phaekbebesbbeeaeeebesssssses SUGHBSESETSCSSOoaSERESESELSS youn Dry CLEANED PRESSED “Correspondingly fow ti 233 South Eleventh st.” of her.igraphs commended the jury on their | Miss Jensen, J who ‘has been a pleasing addition to/ been presented in this case. jury. + Indicted with Langer on tMe per- SAVE MONEY SUITS — 4 00 » work as well as garment repair orders. | “WE CALL FOR AND DELIVER — CALL US H Perfection Dry Cleaners Bismarck, N. D. these employes were charged, then! that would be the offense charged; in this indictment.” | Judge Wyman in his opening para- | jpatience in listening to the “vast amount of detailed evidence that has He told them it was their “duty to) igive you.” Ms “The defendants in this case are charged with violating a United) States statute which condemns or) prohibits what is known as a con-| spiracy,” he told the jury. } Recites Charges “In brief.” the court said, “thes? men are alleged to have conspired and agreed to defraud the United States government by obstructing or interfering with a lawful function of the government by deceit or trickery or other unlawful means and that one or more of the alleged conspira- tors did one‘or more of the overt acts | alleged in the indictment, ‘n further- ance of the alleged conspiracy.” Judge Wyman told the jury the de- fendants were “clothed in the pre- sumption of innocence” and that the burden of proof beyond a reasonable doubt rested with the government. | ‘ Follows Conspiracy Case | The perjury plea was entered im- mediately after the conspiracy case against the four had gone to the jury charge are Frank A. Vogel, form- er highway commissioner; Oscar E. Erickson, state senator and chairman of the state Republican central com- mittee, and R. A. Kinzer, former se- , cretary of the state relief committee. | In entering the plea, defense coun- | sel did so with the stipulation it may | be withdrawn Thursday for the pur- pose of making any motions the de- | her salary would be “raised if she sub- oming |decide the issues of fact based on| here after successes in Devilsithe evidence and under the instruc- | sulted to her versatility of talent and|tons of law which it is my duty to!care of his subscription.” { The federal vunspiracy case against Federal Judge A. Lee Wyman of Sioux Falls, 8. D., was scheduled 10 begin his charge at the opening of the afternoon session at 2 p.m. Hd said he expected his charge would con- sume little more than an hour, when the case will be submitted to the jury of 12 men, U. 8. District Attorney P. W. La- nier concluded his final rebuttal argu- ment shortly before noon, after Fran- cis Murphy, chief defense counsel, had brought his final plea for ac- quittal to an end. The fate of the four defendants, Langer, Frank A. Vogel, former state highway commissioner, R. A, Kinzer, former secretary of relief organization and Oscar ©, Erickson, chariman of the Republican state central com- mittee, was expected to placed in the jury’s hands about 3 p. m. Wilde to Leave Box When the jury receives the case the thirteenth man—A. C. Wilde, auto- mobile dealer of Bismarck—will step from the jury box, while his mates retire to consider their verdict. Wilde, the alternate, was to be used in event} one of the other 12 became incapaci- tated. In his closing argument, Murphy appealed for a verdict of acquittal, asserting the government had failed to prove its charges of conspiring to congress. “—This is important to these men” Murphy told tie jurymen, gesturing toward the defendants with his arm, “life is prety short; life is pretty cruel, and as we grow older we are inclined to be more tolerant; I know I am. and I know you gentlemen are. “This has been a terrible burden to these men; you know it has been going on for many months.” He con- cluded, referring to the sequence of events since Langer’s indictment last year. Planned No Interference “—In conclusion,” Murphy appeal- ed to the jurors, “you cannot believe these men had any idea in their heads when they entered this plan of inter- fering with the United States in any way whatsoever.” Murphy reiterated former asser- tions stating the defendants “never had any notion in their hearts except dealing with state employes.” Constantly, Murphy returned to his theme that the defendants intended to “solicit only state employes.” The government charges obstruction 1 way employes for 5 per cent of their! salaries for support of the Leader, Langer-inspired political newspaper. Murphy accused Lanier of “unfair tactics” and of “asking you (the jur- ors) to draw inferences not in the record.” Pleads for Freedom He re-asserted evidence at the trial was “as consistent with innocence as it is with guilt” and asked freedom tor the defendants “under the law.” He attacked government theories that “morale” of employes had been affected by asserted salary cuts. Murphy pointed to evidence purport- ing to show one employe had been told scribed to the Leader,” while another was purportedly given a raise to “take “The only way obstruction can be) caused is by affecting the morale of the employe,” Murphy argued. “—It your morale going to be affected by a salary raise?” He claimed prosecution testimony was “inconsistent,” declaring testi- mony of government witnesses Lavi || fense desires. The case grew out of the conspir- , There,|acy charges when Langer and the co- defendants filed an affidavit of pre- | judice against Federal Judge Andrew ; Miller, who presided at Langer’s first | trial more than a year ago. The gov- | ernment took exception to certain | statements contained in the affida- vit. , Trial of the perjury case was not | Cleaning Only. ces on all other cleaning Phone 1107 choose from, Ford si portedly showed one man was fired after he had refused to subscribe, while another man’s salary w: mo one about the case, nor among yourselves, nor allow anyone to dis- purportedly | cuss the case in your hearing,” Judge raised to “absorb the subscriptions.” | Wyman recessed the court until 2 p. m. No Fraud, He Says Referring to one phase of the gov-. “There has been no fraud here. |ernment’s case that the Langer group Fraud cannot be committed operily,” |solicited federal employees Murphy he argued. in his arguments retorted: “The essence of this case is—did “What of it? We're charged with general relief, disregard the law and these four men intend to interfere with—to obstruct—the United States government?” Murphy asked, Concluding his argument, Murphy asked the court for “an additional 30 minutes” in which to allow his asso- ciate, J. K. Murphy of Mott, to make conspiracy to defraud the United States by obstructing it in perform- ance of one of its duties. “All of the direct evidence in this case that bears on any plan or scheme is to the effect that the agreement was, if anything, that they (the defendants) would solicit state employes. Challenges Lanier agreement on two hours for each side originally,” Judge A. Lee Wy- man told Murphy “to avoid just such | ;One moment had any idea of solicit- ing any other persons than those who owed their jobs to the administration: | I challenge my friend Lanier to show any evidence of solicitation except state employes.”* Lanier summarized what he termed “undenied testimony” by prosecution j Witnesses. “In the former trial,” Lanier told the jury, “Langer stated he devised the scheme, the plan, in March, 1933, under which he proposed establish- ment of a newspaper and financed the paper with 5 per cent solicitations | from state employes. Designated His Aides “Langer testified he designated the defendant Erickson as publisher of Ae rae The record shows that 6 ank Vogel during the time sed ay) be - cee with in-lin the indictment is ighwly’ cote jocence as guilt, then the Sovern=/ missioner of the state; that he was ment asks you under your o3ths to| appointed by: y Langer; the return a verdict of not guilty,” Lanier! shows defendant Kinzer was sppotn opened his argument. led w re | pon recommendation of Langer. ‘Counsel for the defense has made!“ “the record shows Chaput came references to the unfairness of this case—you know whether we've been|it0 his position through the gover- @ contingency as this.” Defense counsel and Langer in- dulged in a whispered consultation as the court pondered his answer. “—I'm going to do something I have never done before, and probably never will again,” Judge Wyman an- nounced “I’m going to give you an additional 30 minutes.” Waive Additional Time Murphy turned from his conference, | and told the court “if your honor{ please, we have decided to waive the| additional 30 minutes.” “Thank you—proceed Mr. Lanier,” Judge Wyman said. Lanier, at times waving a glass par- tially filled with water, as he spoke, launched into his final talk. “If under the evidence in this case, from the undisputed testimony you unfair or not,"gLanier continued. | 90 sanispen ee cera MeDonala Evidence Not Immaterial continued, See | “Counsel has claimed certain evi- dence in this case is immaterial. It was evidence admitted without ob- jection, and by the court, and I want) to tell you when it is admitted, i is material and is for your considera- tion,” Lanier explained. He referred to the list of subscrib- ers to the Leader about which Oscar Chaput, former business manager of the publication, a former defendant who has pleaded guilty, testified. “This shows that 641 employes of Lanier reviewed testimony regarding @ meeting in the governor's office at which purchase of the Progressive, a weekly publication, was discussed. Out of this, testimony in the court has \shown sprang the Leader. “Langer and Vogel had an agreement under which Vogel agreed to back the plan in his department,” Lanier asserted to the jury. Agency of Government Lanier said ‘at that time, we insist “These men (defendants) never for | |these state setups—but ‘Co mony shows it was composed of not!through the doors’ into the gover- only North Dakota citizens but state|nor’s office. officials until it was federalized in 1934.” Referring to the employes’ salafies Murphy argued, “the mere fact tha: their salaries came out of monies fur- jnished by the United States govern- ment does not show they are not state employes.” He maintained there “is certainly no dispute as to whether highway employes are ‘state employes. They were paid directly out of the state treasury—it’s true for whatever part of their work was done on federal projects, the state later billed the fed- feral government and was reimbursed i Still State Setups “The government took advantage of nevertheless they were still state setups. “If there was any plan it was a plan to do something they had a right to do.” He asserted none of the defendants had “violated either a state or federal law.” Murphy said it “didn’t make any difference” whether evidence showed employes were discharged for failure farm boys essay contest on “oppor- tunities of youth on thé farm,” Accompanying Governor Herting was his Adj. Gen. Charles H. Grahl. The hog will be on display at the junior livestock show at South &t. Paul for the remainder of the week, Governor Olson later announced, A member of the 4-H Club here attend- ed the presentation. They will com- pete for the hog in the essay con- test. Violates City Ordinance An announcement that he would vio- late a 1911 St. Paul city ordinance when he escorted the prize porker in- to Governor Olson’s office botheréd Governor Herring not at all. “Yl just drive the pig into Gover- nor Olson’s office,” he said, “and if ‘St. Paul police arrest me I'll get an immediate gubernatorial pardon from to subscribe to the Leader, or if em-|my host.” ployes’ salaries were reduced because; The “payoff,” christened “Floyd they failed to subscribe. of Rosedale” in honor of the Min- “It doesn’t make any difference to|/nesota governor and the Iowa the United States whether these were done or not,” Murphy said. Tells Rabbit Story He told a story to the jury of a man hunting rabbits with a dog which pursued various trails of rabbits, but caught none, then labelled government “circumstantial evidence” as “rabbits} which were nut caught.” He accused Lanier of seeking to “inspire hatred for Langer so that you will be unable to judge fairly,” and asserted it to be “beneath the dignity of the government.” He closed “You don't find that we solicited any persons on direct relief —or highway employes working for contractors—only state employes.” an ns | ‘Oink,’ Gruntslowa Hog} Hailing Governor Olson farm on which the pig was raised, was taken to the Minnesota capi- tol in a steam-heated railroad car, out of deference to his royal parentage. Brother of Champion The pig is a brother of “Blue Boy,” grand champion boar at the Iowa state fair which played a featured role in the movies with the late Will Rogers. Meantime, Governor Olson, resum- ing his repartee with Governor Her- ring, discounted the si of “various football enthusiasts” to make the hog an annual football victory prize between Minnesota and lowe similar to the Little Brown Jug tra- dition with Michigan. “Such an arrangement would not work with Iowa, however,” Olson sald, “because the hog would die of cld age before you got possession of him again.” Possible legal complications devel- oped, when members of the Min- nesota state board of livestock ‘ sanitation announced they were ready the governor's office in a crate by four|to clap a quarantine notice on the the state highway department gave | they understood they were to ANG Laid men. The crate opened, the| governor's office if they found the state employes of a department stdated checks totaling $28,328” a . known to be an agency of the federa! Lanier asserted. i “Counsel has asked you what busi- |S0vernment, ness is this of the United States gov-| Vogel, he said, was “charged with ernment?’” Lanier asked. “Well, if}the knowledge that there were no. anyone of you was furnishing $11,000,- |State funds and that federal money 000, wouldn't you be interested in see-|WaS coming in under the relief stat-} ing it go to the purpose for which it | utes.” ~ i was designed?” He referred to testimony that Voge! Asks For Guilty Verdict ;SBreed to “assume the same attitude He called on the jury for a verdict fe other state officers” toward the} of guilty. ‘solicitation of employes. i “When state officials charged with! He reviewed testimony of numerous | the administration of laws passed for | witnesses to the jury, asserting as “undenied facts” the claims that Voge! raised one employe's salary to $75 per | month after he had said he could not! pay the subscription. Cites Discharge their duties and by organized methods dip into these funds, when prosecut- ing officials fail and refuse to act under their oaths against such raids; on funds; when juries are swayed by | i the song of racketeers, and when courts cease to function as arbitrators of law and no longer have courage of their convictions, American govern- ment will have passed into history and will have anarchy, where the weak, and timid will be trampled beneath the feet of the strong and daring,” Lanier boomed. exercise of American citizenship,” he | concluded “I ask that you rise up in| real manhood, under the evidence, the | | Lanier charged one division engineer was discharged because “he would noi provide a man and a car for solicita-! tion of men in his division.” Referring to claims by Lanier thas }- the state highway department relie! organizations in 1933 were federal in- strumentalities, Murphy replied: “The reliez organization—wasn't | “Jurors sitting on this jury in the !that a state organization?—the testi: No other car in Ameri Ford V-8. And because of its unique design—the Ford car . could use any type of braking system now in common use. UT, with the whole field to mechanically-operated, Super- court’s instructions, and your oaths as jurors, and remove the slimy hand of ; hog walked unconcernedly toward the | prize Iowa porker lacked the neces- two governors at the other end of the | sary certificate to show he had been room. A crowd of spectators jammed | vaccinated, is free from cholera and the other office and overflowed | does not come from a diseased herd. i bc: HVUHUUUODAUGATAAOUHH CRP LUAELA GNA ADOAU nA A UO RAPEEAUMUU UU ERGDNGAATON NOUN HGMOUUeeenNNN PAHO NEHA We Are Pleased to Present The Hot Shots PLAYING Dinner Dance Music Starting at 6:00 p. m. and featuring a six-piece com- bination taken from Harry Turner’s popular dance or- chestra. 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