The Bismarck Tribune Newspaper, August 25, 1936, Page 3

a... FINGAL PARNER IS. | “GRANTED NEW TRIAL Supreme Court. Finds Errors in Proceeding During Man- slaughter Case Joe Michelske, farmer near Fingal who was convicted of first degree manslaughter in connection with an automobile collision a year ago, was granted a new trial by the state su- preme court Monday. The ruling, reversing the decision of Barnes county district court and granting a new trial, cited several cases of error in the trial of Michel- ski who was charged with operating automobile in a “grossly negligent and careless manner while under the influence of intoxicating liquor.” His automobile collided with one driven by Emil Splett of LaMoure. ‘There were two passengers in the Splett car, Clay Kuntz who was killed and Roland E. Lee, knocked unconscl-. ous. Both witnesses testified Michelski was intoxicated but the court held it in error for the trial court Lo exclude evidence showing these witnesses had civil actions pending in court at the ime arising out of the automobile collision. ‘Where the charge of ‘manslaugh- ter in the first degree includes also the lesser offense of manslaughter in the second degree and the evidence is such that the defendant might be con: victed of manslaughter in either de- gree, upon request the court should define and submit to the jury man- slaughter in the second degree also,’ the higher court held. STARS FROM SHOW ENTERTAIN LIONS Shrine Circus Performers Ex- hibit Acts; S. D. Legion Man Talks Performers from the Polack Broth- ers Shrine circus, introduced by Irv- ing J. Polack, circus manager, enter- tained the Bismarck Lions’ club at its regular weekly luncheon meeting Monday. The Hood sisters, contortionists, gave a dancing and tumbling exhibi- tion; Everett Conway, one-armed mu- sician, performed on the trap drums; and Henry Mott, strong man, tore decks of cards in two and bent an iron bar into the shape of a shamrock, which he then presented to the club. D. E. Shipley, who with Harry ‘Woodmansee acted as the program committee, then introduced two guests, J. H. Hanley, Mandan attor- ney, and Albert W. Sanson, Philadel- pis attorney visiting at Fort Lin- col Spencer Boise, speaking for the American Legion, ‘told ‘briefly of the junior Legion tournament being play- ed in Bismarck. He introduced Jim- my Milloney, Watertown, 8. D., deputy adjutant of the Legion; who in turn introduced Dr. I. H. Schmidt, depart- ment commander at Faulkton, 8, D. players, emphasizing the benefits the players themselves received from the com- petitive training. He also lauded the Lions’ club for its interest in sports in general. Townsend Absolutely Sure Plan Will Work Cleveland, Aug. 25—()—The gaunt, white-haired Dr. Francis E. Town- send said from the witness stand Tuesday he was “absolutely sure” of the success of his plan to have the government pay everybody over 60 $200 monthly pension, Testifying in a deposition hearing in a $1,000,000 receivership suit against his Old Age Revolving Pen- sions, Ltd., Dr. Townsend was asked if he thought his movement would achieve its purpose through legisla- tion. 5 “I’m absolutely sure of it,” the 70- year-old pension plan founder an- swered, : “Don’t you know it i3 econ- omically impossible and finan- cial suicide?” asked his ques- tioner, Ben F. Sacharow, attor- ney for the Rev. Alfred J. Wright, ousted director of the Townsend or- ganization, who seeks receivership for the movement and an accounting of $1,000,000 in contributions. “Of. course, I don’t know it,” re- plied Dr. Townsend sharply. Questions as to Dr. Townsend's per- sonal wealth were ruled cut by Com- mon Pleas Judge George Keer. Indict Two More in Black Legion Probe Detroit, Aug. 25.—(#)—Charges of death plots resulting from political activities of the Black in sub- urban Highland Park brought to- 2¢ Tuesday the number of persons in- dicted by a one-man grand jury in- vestigating the terrorist society. Eight of 22 persons indicted last Friday on charges of .criminal syn- dicalism in an alleged conspiracy to seize arsenals and government build- ings, were renamed Monday, five for reported plots to kill Martin H. Zink, Highland Park city commissioner, and Arthur L. Kingsley, publisher of @ weekly newspaper in the suburb. Fifteen of those indicted for crim- Looking at the Campaign (Copyright, 1936, by David Lawrence) Portland, Oregon, August 24. — For cross-currents, this state seems to have about as many as there are anywhere in the Union. That’s why although there is a strong Roosevelt trend here, the state is as yet un- decided. While Mr. Roosevelt carried Ore- gon last time by mére than 75,000 the indications are that he will have & greatly reduced majority this time and there are some on the Demo- cratic side who are not so sure it will be decisive but only a small mar- gin victory. Part of this uncertainty in ap- praisal lies in the fact that the cam- Faign has hardly gotten going yet. Even the business men who in most cities have become stirred up about the national campaign are to some extent apathetic. This partly arises out of a defeatist feeling analogous to that which prevailed among Re- publicans in the east last May. In my talks with persons of every class here I find the lineup about the same as in the state of Washington— & distinct friendliness amounting to a genuine enthusiasm among tle work- ing classes for Mr. Roosevelt and a sharp antagonism in the white collar groups which, while not particularly active as yet beyond their own sphere, may spread out more influentially as the campaign progresses. I talked with a precinct committee- man from one of the poorer sections of the city. He was working hard for Mr. Roosevelt, admitted he didn’t have much time to get around except evenings but that he was finding the working folks almost a unit for Mr. Roosevelt. When I asked him what he thought of the outcome in this state, he was quite sure it would not be a “walk-away” for the president, but that at the moment the president had decidedly “the edge.” I had been impressed with the number of per- sons who speak of Oregon as likely to be a close state. I had come here with the distinct impression that it would go overwhelmingly for Mr. Roosevelt. Incidentally, when I asked the Democratic precinct committeeman what subject he encountered most in his canvass, he told me that the debt and expenditures of government was more often mentioned than anything else. He said people were beginning to ask when the debt was going to be ee and who was going to pay Portland is a city that has been es- pecially conscious of financial prob- lems because there's a mayor here, Joseph Carson, who has balanced the budget and because of it has just been assured of another four years in office by a majority vote in the pri- mary. So evidently the people here- abouts would be considerably con- cerned about the national fiscal issue sideration and the atmephese is still one of continual spending. The at- sae avid Lawrence | ‘tHE BISMARCK TRIBUNE, write-ups or management contracts ot fancy bonuses of one kind or an- other. 3 “Because the Roosevelt administra- tion proposes to build transmission lines through Oregon and Washing- ton from which municipalities and farming districts can buy cheap power and distribute it themselves, through distributing systems financed wholly or in part by the United States government.” Constitution or no constitution, the government of the United States is apparently in the power business in the northwest, whether the excuse is navigation with respect to the Colum- bia river or irrigation in the state of Washington. There are, to be sure, legitimate ob- Jectives of both navigation and irri- gation at the Bonneville and the Grand Coulee dams, but the sale of the surplus power has already be- come not an incidental consideration but a matter. of threatened govern- ment competition with existing businesses, Seeing the Handwriting on the wall, some of the private companies, rather than become the football of politics, are planning if the trend continues, tu sell out their properties to the states or the federal government or the power districts of the farm areas or the municipalities on a basis of salvaging whatever they can of their investment. What is the economic justification for the government’s going into the Power business out here? Certainly there is a huge surplus of power ca- pacity already. Thus one company has a dam at Ariel which, with an additional $7,000,000 investment, can generate 135,000 kilowatts whereas the Bonneville dam, with the present investment of $43,000,000, will gen- erate about 90,000 kilowatts. Not all of the $43,000,000 of course, will be charged off to power. But assuming that two-thirds of it is put on the books as due to navigation—a very liberal estimate—then the remaining $14,000,000 is chargeable to power and that’s just twice as big an amount as would be needed to get through pri- vate facilities not the same amount of power but actually 50 per cent more capacity than the Bonneville dam’s Present units would provide. As for effect on rates, the govern- ment projects might possibly reduce the generating cost by half a mill, eccording to engineering calculations, over the cost at which the private com- Panies can do it. But that’s merely generating cost. This saving when spread out over all the users in a sparsely settled state like Oregon be- comes infinitesimal, especially when it is considered that the cost of trans- mission and distribution lines is just the same whether the federal govern- ment or the municipalities or the power districts foot the bill. The so-called cheap power will come when volume of consumption increases to such an extent as to en- able the cost of distribution to be brought down correspondingly. There is no reason really why the govern- ment should: not get electricity’ rates own lower than private companies if the projects are efficiently managed, if they are financed at low rates of interest through government aid, and if exemption from taxes is provided. But the fly in the ointment is the necessity for continued governmental subsidies until the users of electricity are sufficiently: numerous to justify the removal of the subsidies. There's another joker, too, which is not satisfactorily explained to the person who wants to look at these huge hydroelectric projects from a disinterested standpoint. It is this: If the government is going into the power business, why shouldn't it go inte the shoe business and provide lower cost shoes. for the millions of poor people of America? There is plenty of leather hereabouts and Brobably leather can be converted into shoes more economically by building tanneries in the northwest than by sending the hides to distant tanneries. In other words, surplus power made available at Bonneville and Grand 12 CYLINDERS 14 to 18 miles per gallon! A 12-cylinder engine that gives from 14 to 18 miles to the gallon is only one thing that makes the new Lincoln- Zephyr different from any car ever built before. It is de- signed differently throughout. The result is a new thrill in driving—greater interior roominess—almost unbelievably smooth riding qualities. Drive one for 20 minutes and feel the difference for yourself. Convenient terms through U.C.C.—l4 per cent a month on the unpaid balance, Priced, F.0.B, Detroit, from * 2 7) LINCOLN- ZEPHYR V-12 122 First St. Bismarck, N.D. Phone 981 TUESDAY, AUGUST 25, 1986 sa trend toward government ownership or “production for use’? And where is the natural market for the goods made? The populous areas of Ameri- ca are far distant from here and the freight rates thus become a bar- ner, Some day, for economy reasons, Coulee can be disposed of only if there| when federal subsidies must be ex- are large industrial users, And why|amined not in the light of political should industries move to states|or regional values but in the true na- which are showing such a marked |tional interest, the sales talk to tract industries here will have to be of @ different kind than is heard now- adays from the political stump in the northwest. 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