The Bismarck Tribune Newspaper, August 2, 1937, Page 3

4 . ‘ COURTS RIGHT 10 REVIEW DECISIONS ~ ONCLAIS UPHELD Ppinion Handed Down in Suit to Recover Compensation From Bureau ‘Milk Dedication’ | u_on inquiry or death claims filed after the 60-day expiration pe- riod was upheld by the North Da- kota supreme court Saturday. The opinion, written by Justice A. G. Burr, was handed down in a suit brought by H. O. Pearce of Mott to recover compensation for a paralytic stroke suffered while in the- employ of ‘the International Harvester Co. at Grand Forks. f 2 Pearce filed his claim approximately 10 months after he suffered the Btroke, allegedly from over-exertion while attempting to get his automo- bile out of # drift during a snowstorm. His claim was refused by the com- pensation bureau on the ground it was not filed in time. Pearce ap- Pealed to the Burleigh county district court and Judge Fred Jansonius held the discretion of the bureau was not Bubject to review and ordered a judg- ment of dismissal, Pearce then ap- pealed to the supreme court. In his opinion, Justice Burr said, "Since the exercise of the discretion In such matter as this is reviewable and the findings show there was an abuse of discretion, the claim should not have been rejected and the claimant is entitled to participate in the fund.” A cross appeal on the findings of fact will be taken by the compensa- tion bureau, Milton K. Higgins, as- sistant attorney general, said. State Patrol Issued 1,071 Tags in June One person was killed and 17 others Injured, five seriously, in the 17 high- way accidents investigated by the state highway patrol during June, the first monthly report of Superin- ae Henry Lund showed Mon- y- Three arrests were made by the trolmen, all on charges of driving hile intoxicated. Verbal warnings improper equipment numbered 466 and tags issued to motorists and truck drivers for illegal equip- ment or registration totaled 1,071, Gund said. : Nearly 30,000 miles of highways fwere covered by the patrolmen dur- ing the month in which aid was given 791 motorists in the form of direc- jions, minor adjustments to auto- obiles and changed tires. Most of the warnings given were Wor driving through stop signs, 302 offenders; improper lights, 267, and| improper parking, 198. Persons tagged for not having driv- ers’ licenses numbered. wd fwere tagged for illegal re; Harry Hunter, Pioneer; Legislator, Dies at 77 Chicago, Aug. 2—(?)—Funeral serv- fices will be held here Wednesday for Harry F. Hunter, 77, a member of the First Dakota territorial legislature and for 40 years engaged in immigra- Right of the courts to review deci- poe of the workmen’s compensation ureat tened the new $80,000 postoffice at Oconomowoe, Wis. Inasmuch as the city is in the center of the state’s dairy industry, Farley very appropriately splashed a can of milk over the side of the building. ‘WAR’ MANEUVERS BOOST EFFICIENCY ‘Man in Street’ Has Vital Inter- est in Training, Corps Area Chief Says Omaha, Nebr., Aug. 2—Increasing the efficiency of the U. 8. army, 18th size NEW INDUSTRIES IN AREA FORECAST IF IRRIGATION 1S USED Putnam Says Cannery and Sugar Factory Certain in Next 10 Years If Bismarck business and profes- sional men co-operate with farmers in sponsoring irrigation projects the Capital City will see the construction of at least one cannery and a sugar factory in the next 10 years. ‘That was the forecast of H. O. Put- nam, Burleigh county agricultural agent, as he reviewed the tour of the Lower Yellowstone reclamation dis- trict before the Lions club Monday. One of the intangible benefits of the trip, Putnam asserted, was the good will created not only in Mon- tana and North Dakota but also be- tween farm and city folk in Burleigh county. Putnam related how one Bismarck business man presented his tickets to a farmer and his wife near here and then learned that they never had had a honeymoon although they have been married a number of years. Be- cause of the Bismarck man’s genero- sity they regarded the trip as a be- lated honeymoon. Putnam praised the unselfishness and hospitality of the business men and farmers of the Yellowstone valiey for dropping their duties to devote a whole day to the entertainment of the Missouri valley party. A. W. Gussner, Bismarck merchant, told the club that the business men of the Capital City should forget their golf clubs and get busy with shovels to speed the development of irriga- tion. It will mean more health and more wealth, he said, in commenting on his own experiences in starting an .| irrigation project on land near here. Attention of the club was called to the semi-pro regional championship games that will be played here Fri- day and Saturday by D. E. Shipley. He asserted the Northgate and Lead teams would present high class base- ugh | Dall. Ford, seventh corps area commander, tes. “We must make up in efficiency what we lack in numbers,” was the the corps area into action at Camp Riley, Kansas, Aug. 15 to 29. It will be the largest concentration of troops in the corps area since the World war, “I am.not one who believes in huge armies, calilng for huge appro- ”” said General Ford. “But I do believe, with the war department aon | men, . tion and agricultural development work for the Milwaukee railroad. Hunter, who died Sunday in Sout Haven, Mich., leaves a son, J. B. Hun- ter, of Montclair, N. J., and a daugh- fer, Mrs. K. V. R. Nicol, of Chicago. A native of Canada, he entered the Milwaukee road’s employ in Mellette, 8. D., and retired in 1929. At the age of 28 he was elected to the Dakota ter- sitorial legislature, which convened in Bismarck, now in the state of North Dakota. Small Girl Lost in Woods Found Unhurt Wadena, Minn., Aug. 2—(P)—A 2%- year-old girl, back home after be- ing lost for 20 hours in the woods near Nimrod, Minn., was believed re- covering Monday from exposure, hun- ger and mosquito bites. Blanche Mansell, who wandered way from her farm home Saturday, {was found after 100 searchers combed the woods for 20 hours. She was lo- cated by August Milbradt, who saw her lying unconscious in a ditch where:she had fallen. The ditch was gbout. four miles from the Mansell farm. Texas Airplane Crash Claims Lives of Four Littlefield, Tex., Aug. 2. — (®) — (rumpled wreckage on a farm two miles northwest of here Monday bore evidence of an airplane crash which ¢laimed four lives. Dead were O, V. Simms, &r., 45, pilot; R. A. Baxter, 18; Verne Han- kins, 32, and Orville Tabor, 27. This time use— required in an emergency. N. D. Outlook Good, Dakota merchants here for the Twin City market week opening Monday were unanimous that their com- munities can look to better business than last year. Bottineau, N. D., and president of the North Dakota Retail Merchants association, said conditions in his community were the best since 1929, is coming along fine,” Kleppe said, “and the hay better. Most of the farmers will have lots of feed, and all of them will have some feed and we are going to have & fair grain crop, better than any since 1929.” erates department Hauptmann, widow of Bruno Richard Lindbergh many on the Bremen Monday and said she was “more convinced than ever” of her husband’s innocence. It’s August again! A good month to paint your house. MOORWHITE PRIMER —and — MOORE’S HOUSE PAINT | VANTINE | Merchants Declare Minneapolis, Aug. 2 —()— North R. O. Kleppe, genera] merchant at “Corn, which is raised for fodder, crop never has been W. C. Hanewald, of a firm that op- stores in New York, Aug. 2.—(7)—Mrs. Anna Fred J. Hessinger ' 410 Tenth Street Phone 1603 PROMPT GUARANTEED SERVICE No job too large—No job too emall Rosemary Bozak, 9-year-old Bis- marck violin pupil of Ralph Truman, played several numbers accompanied by Mrs, W. A, Hughes, J. W. Calnan arranged the pro- gram, assisted by William Couch. BOTH BRIEFS FILED IN CONTEMPT CASE Plaintiffs’ Attorney Maintains Supreme Court Has Jur- isdiction in Trial Briefs of both plaintiff and de- fendants were on file in the state su- preme court Monday in the contempt action brought against three North Dakotans charged with practicing Jaw without a license. . Contention that the supreme court has the right “to receive the testi- mony and render its judgment” is contained in the plaintiffs’ brief, filed by Attorney Charles G. Bangert in opposition to a motion of the de- fendants’ counsel to quash proceed- ings. The brief claims defendants J. E. Guldemann, Charles Joyce and J. E. Wenstrom .“continuously for more than a year” have held themselves out as qualified to practice law and “coun- sel, advise and inform citizens ... as to their legal rights, duties, privi- leges and liabilities under certain sta- tutes enacted by congress,” spe- cifically the Frazier-Lemke refin- ance bill. The facts, supported by affidavits, are sufficient to constitute the of- fense of constructive contempt, Bang- ert claimed in his brief prepared for C. J. Murphy, president of the state bar association, plaintiff. He further states he believes the case is of enough public interest and importance for the court to ex- ercise original jurisdiction. Bangert said the brief also applies to the companion case against C. Lie- bert Crum and Joseph Coghlan, Bis- marck attorneys. LIGHTNING CAUSES DAMAGE Fargo, N. D., Aug. 2—(P)—Bricks were thrown more than 200 feet Sun- day night when lightning struck the Clara Barton school chimney, causing a terrific crash heard for blocks around, : | Just Couldn’t Keep | Garbage Man Jailed Antigo, Wis. Aug. 2. — (®) — Ernie Frayer was just too popu- lar to be kept in jail. . changed their minds when ae receiving indignant Med “3 ‘Imagine,” exploded one wo- man, “locking up a man like It’s unthinkable.” “I should think you would be “I think you're mean. I don't know what we'll do if Ernie doesn’t show up soon,” a third wailed. Authorities compromised and agreed Ernie could meet his pub- lic during the day, but remain in jail at night. Ernie, you see, is Antigo’s gar- bage collector. FOR Insurance of every kind SEE Obert A. Olson 106 3ré St. Bismarck PHONE 250 Grim THE BISMARCK TRIBUNE, MONDAY, AUGUST 2, 1937 son Protests Repeaters Parole Prisoner Trys for Liberty, Gets Death New York, Aug. 2.—(#)—Fred J, Hull gambled for freedom—and got death. He appealed from a 20-years- to-life sentence for the slaying of Samuel Drukman. He won a new trial, and the jury convicted him of first degree murder, a verdict that made the death sentence mandatory. A motion to set aside the ver- dict was denied, and the 54-year- old defendant was returned to Brooklyn city prison to await sentencing to the electric chair. People’s Forum Eaitor’ com est. Let versial religio attack individu which offend got play will be returned to the writ- All letters MUST be signed. ry donym, Note—The Tribune conform to this policy ani quire publication of a writer's name where justice and fair play make it advisable. Letters must be limited to 600 words. Lead—PEOPLES FORUM ..... ... JM (Editor's Note—The attention of the writing public is again called to the ple’s Forum rule that no letter will be pub- lished which is not signed by the author. If the writer wishes to keep his name confidential, he can request that and use a nom de plume. But the editor must be informed as to who the writer is. This rule is repeated for the benefit of the persons who wrote concerning the hiring policy of the Bismarck police depart- ment). ATTACKS BOARD ACTION (Editor’s Note—The followi: letter is a copy of a letter ad- dressed to members of the board of administration and daily newspapers of the state:) Mr. A. B. Welch, Sec’y of the Board of Adm., Bismarck, N. D. Dear Mr. Welch and members of the Board of Administration: “Seven Top Rank N.D.A.C. Staff Members Fired!” Such an unethical way for the board of administration to reveal itself to the public through the medium of the press! “And by their actions ye shall know them.” Yes, it is very evident that the action of the board is now known throughout not only the en- tire State of North Dakota but’ the entire nation. How long is this po- litical game of football with the N.D.A.C. BALL to be played with such optional rules? Isn’t it high time a few standards be put into ractice so that the onlookers will now what the score is? All that can be rightfully asked ix that standard rules be followed. And Judge Cites Robert Smette’s Criminal Record in Let- ter to Board Rugby, N. D., Aug. 2.—Judge G. Grimson of the second judicial dis- trict has written the North Dakota board of pardons protesting against the parole of Robert Smette, released last week after serving one year of a five-year sentence for the burglary of a store in Kramer. Following Smette’s release Judge Grimson at the request of State’s At- torney O. B. Benson, of Bottineau, issued a bench warrant for him. The jwarrant was based upon a charge of grand larceny which has been pend- ing against the man. He has until Monday to enter a plea. Man Is a Repeater In his communication to the par- don board, Judge Grimson points out that Smette is a “repeater” and not a@ man sent to the penitentiary for the first time. He says: “I am especially con- cerned ‘with young men sent to the penitentiary, for the first time, and I ve never quarreled with your clem- ency in such cases, even if without my recommendation. I am, however, seriously concerned with the parole of repeaters; men who by their con. duct have shown that they are not to be trusted; men who either because of unfortunate defects in will power, like, perhaps, Smette, or men of abil- ity but with some innate tendencies to do wrong; men who are more or less a menace to society. The parol- ing of such men leads to just criti- cism of the parole system. It makes the work of the enforcement officers and courts doubly hard. The public is apt to say, ‘What’s the use?’ the ef- fect generally is very bad.” It was recalled by Grimson that Smette first served time in the Mc- Hen: county all for violation of the prohibition law; that he was con- victed for a second offense and sent to the penitentiary; that later he was brought into court on a charge of oultry theft and was sentenced to Jail again; that on December 15, 1935, he was arrested for breaking into the Kretschmar hardware store at Kra- mer and was confined in the Bot- tineau county jail until April, 1986; that his parents secured his release by furnishing a cash bond, after which Smette disappeared and caused his bail to be forfeited; that while he was at liberty after this arrest he became involved again with the re- sult that he was charged with steal- ing 200 pounds of dynamite. On top of all, Judge Grimson de- clared, Smette, on the night follow- ing his sentencing for burglary, sent a note to a former jailmate as fol- lows: “Say, I will give 100 or my house trailer if you will bring me a gun to- night or tomorrow night to the west window. You can get the house trailer as soon as zou want it. I will be waiting at the window for you. Tell me about the time. Or some news, but I want the gun if you got one.” When thi s written and sent, Judge Grimson said, Smette was in the Bottineau county jail awaiting transportation to Bismarck. Instead of accepting Smette’s pro- it certainly appears that “Blue Book” procedure used in higher in- stitutions of learning has been vio- lated—probably very unknowingly by the board. But ignorance is no excuse for violation of the law. Every person in the State of North Dakota should constantly remember that as long as the state institutions are used as a means of retreat, re- ward, buck passing, pork barrel leg- islation or what have you, no end will be accomplished and the institutions will be a farce to the eductional sys- tem of our nation. It is felt that the board should realize this and that the recent action of the board in so unethically dismissing seven promi- nent members from the N.D.A.C. staff be fully and satisfactorily ex- plained to the public. And I might gladly add that hun- dreds of N.D.A.C. students, former students and graduates certainly are anxious to see the honor of our col- lege held high and brought up out of the depths of the political mire to which it has so recently been low- ered. D. R. FREDRICKSON, N.D.A.C. Graduate of 1934. MORE ON STRIKE Bismarck, N. D. Editor, Tribune: ‘We have read and also hear certain people in Bismarck say, “Now that the strike is off and lost for the workers, it could possibly be of inter- est to try to analyze this queer affair, ete, ete.” There are certain people in this world who never work and never will, but they are always ready to give ad- vice to a worker. The recent strike in Bismarck can be analyzed in just a few words. The main leader of this strike, who was imported, and according to newspaper reports is an ex-convict, now is serv- ing a jail sentence in the Burleigh county jail for using profane and vul- gar language in the presence of a woman. Those who did attempt to work were called “rats, scabs, etc.” The owners of the two hide and fur establish- ments were called “skunks, cheap: skates, etc.” To make a long story short, you can catch files with honey but not with vinegar. Kind words will settle 2 dispute sooner than by using profane language and harsh words. A WORKER. DIES OF BROKEN BACK Minneapolis, Aug. 2.—(7)—Redner E. La Mere, 36, died early Monday at General hospital of a broken back, suffered when he fell from # porch at his home, 2219 Seventeenth Ave. 8., July 24. H. A. THOMPSON & SONS Plumbing - - Heating Gas 205 Seventh St. Phone 64 posal, however, the man delivered the note to State’s Attorney Benson. Causes Parents’ Heartache Judge Grimson told the pardon board that he questioned Smette about the note following his arrest. Thursday of last week. He said that Smette admitted it was his writing, But gaye no satisfactory explanation of it. Judge Grimson continues: “I know that Mr. Smette has made promises and assurances of reform. le has written me some very fine letters. But he has done that so often with me before and his actions have all been so disappointing that I have absolutely no confidence in his prom- ises or in his reformation. Every time in the past when he has been shown such consideration he merely gets into more trouble and causes his parents, who are the finest kind of people, more heartache and more expense.” Livestock Quarantine Placed on 7 Counties Pierre, 8. D. Aug. 2—(7}—The South Dakota livestock sanitary board Monday quarantined seven south- eastern counties to prevent the spread of anthrax which has killed large numbers of cattle in the area. Dr. Ben Anderson, board secretary, said the regulation prohibits the movement of all livestock into and out of Davidson, Douglas, Clay, Hutchinon, Clarles Mix, Bon Homme and Yankton counties. ——— | Hoover Prediction sae? STATE HIGH COURT SUSTAINS VERDICT Upholds Conviction of Joe My- ers, Mountain Farmer, on Manslaughter Charge The North Dakota supreme court sustained a district court jury verdict. Monday and affirmed conviction of Joe Myres, Mountain farmer, con- victed of second degree manslaughter for the death of Sigurjon Jonason, also of Mountain, N. D. Myres was sentenced to serve six months in the Pembina county jail and was fined $1,000 Feb. 7. John Newton, court clerk, said the defendant’s appeal was based on the “court’s rulings in introduction of testimony and on allegation that the verdict is not sustained by and is contrary to the evidence.” Jonason’s death grew out of an altercation between the two men at a township board meeting when Myres struck Jonason, June 8, 1936. New- ton said testimony tended to show Jonason was apparently not seriously hurt at first but collapsed five days later, He died a month afterward at a Grafton hospital. Evidence of phy- siclans tended to show Myres’ blow induced a brain hemhorrage of which Jonason died. Normandie Sets New Transatlantic Mark | New York, Aug. 2.—()—New d speet supremacy on the North Atlantic was} claimed Monday for the Normandie in her see-saw rivalry with the Queen Mary, Cunard-White Star liner. French Line officials said the Nor- mandie, holder of the west-east rec- ord, set a new east-west record Sun- day night by completing the 2,906-mile voyage from Bishop's Rock, England, to Ambrose Light in 3 days, 23 hours and 2 minutes, at an average speed of 30.58 knots. The previous record, set several months ago by the Queen Mary, was 4 days and 27 minutes. The Queen Mary averaged 30.14 knots. One Killed, Several Hurt in Train Wreck San Francisco, Aug. 2.—()—One person was reported killed and several others injured in a derailment of six cars of a special Southern Pacific Passenger train Monday near Yam- sey, 70 miles north of Klamath Falls. The information was received at headquarters of the railroad here. Only three of the six derailed cars overturned, the Southern Pacific re- Ported. Wrecking crews were sent from Klamath Falls and Eugene. The train crew was a special of 11 cars carrying 140 tourists from the midwest region. The train left San Francisco &t 5 p. m., Sunday, and was running as a second section of the Cascade limited. N. D. Guide Book _ Nears Completion | Attains Fulfillment Maysville, Ky., Aug. 2—(P)— Eugene Merz wrote a letter to Former President Herbert Hoover and enclosed a newspaper clip- ping about grass growing in a ernie ees recalled, he said, hearing Hoover predict during letter. It read: “Dear Mr. Merz: That was very important news which you sent me. I am obliged for it. (Gigned) Herbert Hoover.” : Electrical Wiring and Contracting General Electric Products Hot-Point Refrigeration Cool-Aire Air Conditioning Service Electric Company “Well, he can’t be dead then, ‘cause that’s the only way men die in Bismarck!” was the skeptical remark of the young son of an early Bismarck newspaper man when he learned the deceased father of a friend had neither pe too much whiskey nor been The incident illustrates —not necessarily true—the ruggedness of Capital City residents in the days when Bismarck enjoyed the combined advantages of being a river steamboat port and western terminus of a railroad, and is one of many in the colorful narrative of youthful Bismarck as given in the North Dakota Guide. The Guide, a 320-page tourist and reference book soon ready for readers, is being published under the auspices of the North Dakota Historical society and was written and edited by the federal writers’ Project of the Works Progress ad- ministration for North Dakota. The staff compiling the book is under the direction of Miss Ethel Books which have been pub- lished by the Federal Writers’ Project in other states include Washington, City and Capital, Idaho, Cape Cod Pilot, Savan- nah, and others. A complete ser- ies of State guides is in prepara- tion throughout the United States. R. C. FORSYTHE “The French & Welch Tin Shop PHONE 141 OO | Iowa Entry Wins | | Tall Corn Contest Des Moines, Ia., Aug. 2—-(P)— Iowa won the tall corn derby Sat- urday when Gov. Nelson G. Kraschel’s entry — 16-feet-five and one-eigth-inches — towered more than three feet higher than the stalk brought by Gov. Philip LaFollette to challenge Hawkeye supremacy. The pride of Wisconsin meas- ured only 13 feet, one and three- eighths inches — and Governor Kraschel’s boast to the midwest was upheld. Governor La Follette graciously acknowledged Iowa’s supremacy when it comes to tall corn, but presented Governor Kraschel with a 26 pound muskelonge, a 2,100 pound cheese and a 1,500 pound tub of butter as proof of Wisconsin's claim to superiority in other lines. ‘Boy Wizard’ Expelled From Exchange Seats Washington, Aug. 2.—(?) — The securities commission expelled Michael J. Meehan Monday from three secur- ities exchanges. He was charged with manipulating the price of Bellanca Aircraft cor- poration common stock during 1935. It was the commission's first deci- sion in a manipulation case. The commission found that Mee han, who was known as “the bo} wizard of Wall Street,” had rigged the market for Bellanca stock on the New York curb exchange at various pe- riods during 1935. Meehan is a member of the New York curb exchange, the New York stock exchange and the Chicago Board of Trade. VOLCANIC ERUPTIONS KILL 427 Canberra, Australia, Aug. 2—(}—A census of survivors showed Monday that 427 persons were killed in a ser- jes of volcanic eruptions at Rabaul, on the Australian mandated island of New Britain, May 30 to June 7. Fifty bodies have been recovered thus far. Melons, bananas, currants and pears have small acid content. i J.S. FEVOLD Investment, Real Estate, Insur- ance, Bonds, cane and Truck ns Sales and Rentals, City and Farm Property Over Cowan’s Drug Store Bismarck, N. D. PHONE 1706 TOMORROW'S DESIGN-70DAY! Henry Dreyfuss—world-famous designer— created the beautiful, sculptured shapes of Nexvogue bathroom fixtures. Crane—for gen- erations the leader in quality bathroom prod- ucts—added the new conveniences. The wide seat on the rim is only one of these. Consult your Master Plumber about CranEquipping your bathroom with Nesvogue fixtures—utility made beautiful. ASK YOUR MASTER PLUMBER ABOUT CRANE QUALITY CRANE CRANE CO.; 636 Northem Pacific Ave;; Fargo; N: D. 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