The Bismarck Tribune Newspaper, February 9, 1937, Page 4

T HE BISMARCK TRIBUNE, TUESDAY, FEBRUARY 9, 1987 smarck Tribune The Bi + An independent Newspaper THE STATE’S OLDEST NEWSPAPER (Established 1873) State, City and County Official Newspaper — Published daily except Sunday by The Bismarck Tribune Company. Bis- marck, N. D., and entered at the postoffice at Bismarck as second class mail matter. Mrs. Stella I. Mann President and Publisher Kenneth W. Simons Archie O. Johnson Vico Pres and Gen'l. Manager Sec'y-Treas and Editor Subscription Rates P: Daily by carrier, per year Daily by mail per year (in Bismarck) Daily by mail per year (in state outside of Bismarck). Daily by mai) outside of North Dakota . Weekly by mail in state per year ‘Weekly by mail outside of North Dakota, per year Weekly by mai] in Canada, per year......... oeace Member of Audit Bureau of Circulation Member of the Associated Press The Associated Press is exclusively entitled to the use for republica: tlon of the news dispatches credited to it or not otherwise credited in thie Rewspaper and also the local news of spentaneous origin published tereln All rights of republication of all other matter herein are also reserved. The President and the Court It will be difficult for many persons to consider President Roosevelt’s suggestion for a revision of the federal court sys- tem objectively and without prejudice. That the idea has a strong political background is un- deniable. The president emphasizes the fact when he says: “If these measures achieve their aim WE MAY BE RELIEVED. OF THE NECESSITY OF CONSIDERING ANY FUNDAMEN- TAL CHANGES IN THE POWERS OF THE COURTS OR THE CONSTITUTION OF OUR GOVERNMENT — CHANGES WHICH INVOLVE CONSEQUENCES SO FAR-REACHING AS TO CAUSE UNCERTAINTY AS TO THE WISDOM OF SUCH A COURSE.” There, in blunt language, is at least one of the president’s objectives. The big political issue is clearly outlined. As to the remainder of the message and its suggestions, there is little doubt that support will be almost universal. The chief trouble with the courts HAS been their slowness. This has been true of courts almost. from the beginning of the judicial system. For example, we find Shakespeare mention- ing the “law’s delay” in what seems to have been the same spirit that actuates criticism of our own court system by both lawyers and laymen. While the president mentions the members of the supreme court in an apparent spirit of solicitude, he still reads against them an indictment which will carry much weight with the people. That is the fact of their advanced age. _ He admits, as everyone does, that a man’s mind frequently is at its best at 70 and for some time thereafter. Most persons know of octogenarians who retain their full mental powers. But it also is true that their physical processes have begun to de- teriorate and that aged persons sometimes are “crotchety.” That is what the president means when he says that persons of advanced age “are often unable to perceive their own infirm- ities” and “they seek to be tenacious of the appearance of adequacy.” In short, since there is no way to remove or automatically retire federal judges, they must recognize their own infirmities even though they frequently fail to do so until long after they have become apparent to others. That recommendations for a revision of the lower courts and the proposal to carry constitutional questions direct to the! supreme court will meet with little opposition seems obvious. This may not be the right kind of reform, but lawyers and the public alike have long agreed that reform and improvement of the court system is needed. The fighting ground in this issue relates directly to the idea of appointing one additional or supplemental judge for every supreme court member now over 70. On one side we have the charge—which probably will not} be denied—that the president is attempting to “pack” the court; ” as to obtain more favorable consideration for New Deal legis-| tion. On the other we have the complaints which long have been; made against the supreme court, not entirely by New Dealers.| (occ cee cece cccccocoosce. Behind Scenes Washington By RODNEY DUTCHER (Tribune Washington Correspondent) Washington, Feb. 9. — It develops that this nation, which constitution- aily has only 96 senators, recently had 97 and that, while all other states had their customary two senators ‘apiece, Minnesota was having three. The three were Henrik Shipstead, Guy V. Howard—the obscure Repub- |lican who served a two-month term |in November and December because ||mo other Minnesotan thought to run for the brief vacancy — and Elmer Benson, whose term as senator tech- nically expired when he was elected governor on November 3, but who kept right on fulfilling the duties of that loffice until Senator Lundeen took it over on Jan, 4. The terrible truth emerges in a resolution by Senator Lew Schwellen- bach of Washington which proposes to pay salaries of Benson and his staff for that period—the explanation be- ing that “Whereas the then senator from Minnesota, Elmer A. Benson, and his entire staff continued in true public faith, but at their own ex- pense, without any compensation whatsoever, to main offices in both Washington and Minnesota, and to perform the full service and functions of the office and duties of United States senator from Nov. 4, 1936, until San. 4, 1937—” xk * Life of Riley © It appears that while Senator How- erd and his family were drawing all the pay and doing none of the work, Senator Benson and his staff were doing vice versa. Both had offices with their name Plates on the door. Entitled to be- stow four secretarial jobs for 60 days. Howard kept them carefully in the family and drew treasury checks to- taling $3,686.86. Although a few letters and requests for favors came his way, there wasn’t much he could do about them, as @ Republican with no shred of influ- ence. y He announced he was “flat broke, with an apple in one hand and a nickel in the other” before he got his pay check. But he enjoyed himself hugely, patronized the free senate barber shop, collected free govern- ment publications, drank free senate sparkling water, madé long distance | Faint Possibility calls to Minnesota through the cap- itol switchboard, and otherwise par- ticipated in senatorial privileges. He gloated over the fact that he could return whenever he liked and sit in the senate as an. ex-senator; and suggested that his new prestige might enable him to “wiggle a job on WPA when I get home.” Of course he never sat on a committee, deliber- ated on a bill, or sat in what would have been his seat had congress been in session. Benson asked Schwellenbach to in- troduce the compensation bill, but it's doubtful whether the senate will rec- ognize Benson’s last 60 days of service. You probably would have a hard time figuring just how valuable to the na- tion Benson and his staff really were in those two months. e* % { Tough Experience : Congressman James Buchanan of Texas, who remained in the house so long that he became chairman of the | powerful approfriations committee, is sometimes considered @ prosaic old gentleman who thinks only in long, dull columns of figures and dollar marks. But “Buck” got to talking about the flood the other day, assuring his col- leagues that he “did not have sense enough to make a good farmer, but did have sense enough to make a good congressman.” Once ha had hold of 3,500 acres of Brazos river bottom land and put everything he had into it until he had 2,500 acres of “land well watered, well equipped with houses, well tenanted, and well stocked. Then came the floods and after a while “all the heuses had gone down the river, as well as the mules I had and my hogs and cattle and crops, with my tenants left starving on the bank.” These, in brief, are that members of the court are mostly repre- | sentatives of and interested in fostering the so-called vested in-| terests; that they are advocates of property rights as differen- | tiated from human rights. The further charge is made that they are either rich men themselves or long associated with rich men before their appointment to the bench and that this, fact, as well as their age, makes them unsympathetic to the) common people. Some are even asking why it should be that | all the members of the court are lawyers, since the constitu-| tion was not drawn by lawyers and any intelligent man should | be capable of interpreting it. | The fact: seems to be that the president’ has maneuvered | the court into a position where its members are not popular with a great many people. Whether or not this is true of a majority cannot now be determined. : The fight will be bitter, but it is not likely to be a long one, The prospect is that the bill will go through because, what- ever the attitude of congressmen and senators might be if left to themselves, the president will exert sufficient pressure to put it through. That he will be able to do so is doubted by few competent observers. He has obtained everything else he wanted from congress. 1 On this basis, friends and foes of New Deal legislation had better prepare themselves for a situation wherein an entirely new interpretation soon will be given certain sections of the constitution. The prospect is that within the year the consti- tutional clause which grants to congress the power to “lay and collect taxes, duties, imposts and excises, to pay the debts and Provide for the common defense AND GENERAL WELFARE OF THE UNITED STATES” will have a meaning which the ‘courts have refused to give it in the past. That is the clause on which the New Deal has relied and which the supreme court jas refused to accept as controlling. + The cleverness of Mr. Roosevelt’s move is proved by the “fact that it will be difficult to inject the constitution into the argument. What he proposes clearly is constitutional and everyone admits it. It has been done before. The importance to the nation is that, while the text of the constitution will not be changed the interpretation is almost cer- tain to be. Thus we are quite likely to have such things as federal con- trol of wages, hours and working conditions, child labor, agri-| _ cultural adjustment, federal power projects and related issues all decided in the affirmative in the near future instead of in the negative as has been true of some of them since Mr. Roose- velt first took office. “I got myself a plank and I got STORIES IN STAMPS BY I. S. KLEIN Ore Tar Foote = Fooers Tre HUNDRED years ago, one of a group of surveyors South America came upon a very mineral that looked strang to him. Chemists examined the ore, and finally, in 1750, Sir Wil- liam Watson, British chemist, was able to identify it as one of the missing elements in the chemical series. It was platinum, the ore that shines like silver. None then realized the value of this metal. It became a drug on the market, and “gold bricks” of the metal, plated with the better- known yellow ore, were sold to “suckers.” Russia, which found quantities of this ore in the Urals, minted 50 and.100-ruble coins in platinum, until it was discovered that this really was a rare and precious metal, more so even than gold. With Other EDITORS THE EUGENICS LAW (Chicago Tribune) Wisconsin is planning this year to strengthen the eugenics marriage law which for more than two decades has aided in the state's fight to reduce venereal diseases and the conse- quence of them. The law has been important chiefly as a factor in enlightening the people of the prevalence of the two diseases and the results that come from dis- regarding them. Its effect is educational rather than corrective. It requires a medical certificate that the man is free from venereal disease and provides a five days’ interim between the issuance of a@ marriage license and the perform- ance of the marriage ceremony. Memory recalls that the law was enacted against a good deal of senti- mental opposition that has now com- pletely disappeared. It is accepted for the value it has. If it is evaded by| Reprinted to show what they say We may or may not agree with them. |] some who cross state lines to avoid) cost should be required. It is a pri- the delay it entails or the examina-| mary weapori in the war against j tion it requires there is no evidence! syphilis and the first line offense that there are more of such bootlegi against the dread secondary effects marriages than there were before the! of the disease. law was enacted, I significant that a large - There are two amendmnts ting | eave stews efeated in wis prepared which proponents say will] consin courts are to persons mar- strengthen the law. One is to‘make it) ried outside of the state. The in- | apply to women as well as to meN! terim between the issuance of the sermann blood test mandatory. Both; ¢ marring pulse | proposals seem to be desirable. iE redo hid ‘medical requirements certify the of an affliction which if disregarded isq threat to the marriage and & : menace to the children who may come; ieee boris Pech regs oir ? Hy | of it. b iscons! Physicians say that many women! ,, aD ee hee ay a a ee | honorable person will marry conscious! are notoriously probable to wreck the marriage. | approaching marriage voluntarily are} and the second is to make the Was-: jicense and the ceremony serves to} nis debut. I¢ is properly presumed that no! absence of physical conditions which! whether we those who D. health but not éis- ress Dt. tak. Pe By William Brady, M. Dr. Brady will answer jons pertaining to ease of diagnosis. Write ters briefly snd Brady tn care of The Tribune. All queries must be accomp! stampede selt-addrensed envelope. : LEBER A! THE DOCTORING BUSINESS Football ane mattered broken leg. Complications developed. Does decided to amputate chance of saving life. Patient refused, wwe with his leg. So no amputation was mote months he might have completed asks whether blood poisonnig such as the patient mind se Iement ferring to pal 5 sity. rel rela friends have something to say doctor or doctors in such a case relatives or responsible friends the situ- the patient to submit to the neces- he law is in such circumstances oF in going ahead with an amputation or ~ we life, even against the patient's will. Of to be impaired by shock or severe who, later, operated on me. patient with perforated gastric ulcer. to operate. He feart patient oo ap that the pati it was di without the onal reputation was a vital factor in must accept or refuse operation and he could . People criticise unmercifully when a life fort fails. ‘The patient succumbed that night. No criti tisfied. Human nature being what it is, I think the sur- I felt deeply distressed about it at the time. How- same aurgeon to operate on my little daughter and on me. country was dying with general peritonitis which had de- ‘Three doctors, called by the family physician to and declined to attempt on a patient all agreed perfect health. Suppose the football had made a similar miracul eens of the doctors that he was sbout » a the public'estimate of the professional amputate? oF fails to do, he is bound to be damned t of experience, when he has a fairly ~ , he can take it with equanimity. Still, he has to surgeon did when he refused to operate do not know what tl patient was a charity hospital war usually means death within QUESTIONS AND ANSWEES Bread and Milk Clob My only trouble is what I call biliousness, though I believe you maintain there is no such ailment. Anyway ... (W. T. G.) : Answer—Stomach trouble, “indigestion,” “dyspepsia,” “biliousness,” “gas,” flatulency, fullness or dullness after meals, sick headache, high blood pressure, hardening of the arteries, chronic nephritis (Bright's disease) and even heart failure are associated with the American custom of stuffing—eat- ” eating for sociability, eating because it is eating time, . Bend stamped envelope bearing your address and ask for the By-Laws of the Bread and Milk Club. . Baby Lizes to Swim Every day I fill the tub half full of tepid water and let my 18-month-old baby paddle and play in it for ten or twenty minutes. He enjoys it im- eae eel enioees ate shaeeed 400 tell me it is very weakening ... (Mrs. H. , Answer—On the contrary, it is invigorating. Don’t let the neighbors Saireygamp the baby. My druggist says he can’t recommend ordinary jodin but thinks I should use (a proprietary) fodin instead. Do you approve of this? (Mrs. C. O.) Answer—I prefer just plain old iodin. Send a stamped envelope bearing - your address, for instructions for taking an iodin ration. (Copyright, 1937, John F. Dille Co.) | understand why, when a woman is tired and soul weary of the world, jShe can find complete rejuvenation jin buying a hat. — Lily Dache, mil- j liner. ee *® | | He gave me a good time. I broke a j bone in my chest and a knuckle in my is not) thumb, but I carried on and had the Neasure of knocking him out.—Earl . describing his secret bout with John L. Sullivan. * ek ‘The price of freedom is eternal vigilance and we have to be eternally vigilant—Stanley Baldwin, English prime minister. ee |_80 THEY SAY | eo I was stiff—Fred Perry, after vic- tory over Ellsworth Vines in pro ten- The test inviting tests to insure their normai physical condition. The Wasser- mann test which Wisconsin has made available at a low cost or without some charcoal,” he related. “I nailed that plank at the high water mark, and here is what I wrote on that plank. I experienced the way I feelt then and the way I feel now: iy “Farewell to the Brazos bottom, I bid you a long adieu; I may migrate to hell some day But I will never return to you.” Buchanan added: “From that day to this I have been the relentless enemy of flood water 5,8Its capital. 13 Lacerated. 14 Punitive. 16 Lifeless. 17 Perched. 18 Neuter pronoun. 30 Violent clash. 35 Paving slab. 36 Flat round plate. 38 Cravat. 39 Energy 40 Slim 43 Preposition. 44 Well-known —-CTOP of this reformer of country. this country. 60 Brushed. 52 Lowest point. 55 Whale. 56 Light brown. 57 Irregular. 58 Accomplished. 59 Important Colombia produces about 10 per cent of the world’s supply of platinum. - In a series of stamps issued in 1932, one illustrates the mining of this metal. { | eee) | Copyright, 1937, NEA Service. Inc.) of I ae And after this outburst of poetry |. | Coat of Arms | HORIZONTAL Answer to Previous Pussie | anywhere and everywhere, and if 1; ‘can contribute by my voice or by my | vote or by my work to the prevention of floods throughout this Union, I shall make that contribution more} cheerfully than I ever made any con- tribution in my life.” All of which speaks well for chances of big fat flood relief control appro- priations. (Copyright, 1937, NEA Service, Inc.) BEGIN HERE TODAY CANFIELD, da ter PHILIP CANFIELD, neighborhood is bus- sing ever, the sudden, dlonppear- ENDRICK, Mareian has MARCIA of wealthy ows th ance of FRANK K Blackfish and porpoise oil have | been found to be especially good in | lubricating @elicate mechanisms. him ‘again. ‘Broce, am artist aces him»: Ci Kaw decided to make bis home in the suburb. ‘Meanwhlie, 12 Structural AeA unit. TUNG a 22 Twitching. 23 Former gover- NOW GO ON WITH THE STORY CHAPTER XV -faced him when he first Carlo’s complicity in Wagon holdup. His concern had a matter of honor, the afl Laan DAM 37 Tree. VERTICAL 39 Golf teacher. 1 Neuter 41 Flaxen fabric. pronoun. 42 Sinned. 2 Snout. 43 ae 3 Eighth ounce. 44 ican. 4in. 45 eee voice. 46 . STennis fence. 47 indentation. 6Half anem. 49 Proffers. 7 Manner. 50 One. 9 Paradise. 10 To ogle. 11 Drags. restaurant customers. Nor, of course, was he | | | | Tox STELLICCI, with a sick heart, realized that he had bungled the job which clearly had suspected the Dog immediate been to recapture, as property stolen before his eyes from the In his ef- BY ROBERT DICKSON : 1936 NEA Service, Inc. en ee when Marcia, while the nurse effi- jif you did see them, what's it got to do with me?” of stalling, figured out ‘You're in the gang that’s been to her that morning by the police. \pulling all the robberies, and I’m The nurse requested Marcia’s telling you to get out of it or I'll assistance. Tony wandered miser- turn you in to the cops. ably out of the room and down-| “You're robbing my cus' stairs, where he stood in solemn my thought at the front door. a e eget fd i i i i ¢ A El i a I t aie f i if 8 ! i iu fi E a tall By 3 Hi if ; : i F i | § if ori f i H z i & F] : 1 : i a ide gfteli z 3 A lows all the time borrow half of ’em are out now. your story you saw them, Bs i2k i