The Bismarck Tribune Newspaper, August 17, 1937, Page 2

Zz. COURT JUDGMENT AGAINST DRALL HALVORSON Oismisses Action by County on Grounds No Constructive Fraud was Shown The state supreme court Tuesday reversed a $9,356 judgment against Dr. Henry L. Halverson, former Ward county health officer, and dismissed the action on grounds that “no con- structive fraud has been shown.” The action was brought in Ward ccunty district court by the county of Ward to recover money alleged to have been illegally paid to Dr. Hal- verson. ‘The plaintiff alleged the action of the county health board in auditing and the board commissioners in al- lowing and paying the defendant $13,898 so presented was “arbitrary and gross abuse of discretion.” Ac- tion of the board in allowing the bill and paying the same was “construc- tive fraud on the plaintiff,” the coun- ty contended. Dr. Halverson in his defense said the board of public health investigat- ed the facts concerning the necessary expense, audited the bills submitted by him, and allowed in its discretion a flat rate of 30 cents per mile, ac- tually and necessarily traveled by him in connection with his official duties. The case was tried before District Judge A. J. Gronna without a jury. Judgment for the plaintiff was order- ed in the sum of $9,356.33. Dr. Hal- verson appealed the judgment to the supreme court. There is a legislative act lodging with the board of health the power to set the flat rate, and no appeal be- ing provided and no fraud being; shown, the judgment must be rever- sed, the high court held. Gasoline Tanks Burst Into Blaze at Lawton Lawton, N. D., Aug. 17.—(#)—Fire- men battled Monday night to save coal sheds of the Farmer's elevator here, threatened by two flaming gas- oline storage tanks of the Farmers Union bulk oil station. George Wischer, station manager, lay in a Devils Lake hospital with serious burns he received when the tanks broke into flames just after he had inspected them with a flashlight. James Gorecke, elevator manager, and Harvey Lester smothered Wischer’s burning clothing. Volun- teers came from Brocket and Edmore to fight the fire. GET ACIDE || Guards Americans 1 PAROLE VIOLATOR TO FACE HEARING N. D. Convict Fights Return to Illinois to Serve Out For- gery Sentence | An Illinois parole violator, recently released from the North Dakota state penitentiary and now held in Bis- ; Marck, is fighting extradition to ll- ;linois where up to 13 years of his lindeterminate sentence for forgery remain to be served. The man, O. F. Brennan, who has served time in several penal institu- tions, completed a 22-months sen- tence for the same offense at the North Dakota institution Wednesday. Sheriff Fred Anstrom seized and held him for Carl Benson, parole of- ficer at the Illinois state penitentiary in Joliet, who arrived in Bismarck Monday with the necessary requisi- tion papers. Because Brennan has decided to | fight extradition, a hearing must be jheld before Gov. William Langer, who may either order him extradited to Mlinois or refuse to do so. Date \for the hearing will be set on Gov- A veteran of the U. S. diplo- | matic service in the Far East, | Consul-General Clarence Gauss, | above, made preparations for | evacuation of American citizens | as fighting spread throughout Shanghai, endangering residents of the International Settlement, — * | Blind Since Birth, | Sight Is Restored OO Anniston, Ala., Aug. 17.—(®)— “It’s @ beautiful world.” That's the way Major Barron reacted Tuesday to the sight which he said came too suddenly Monday to end 37 years of blind- ness. The confused but happy Negro said he went to a brief prayer meeting and when he left the room, “ a beautiful white world” unfolded before him. “Everything is still white,” he said Tuesday. “I can’t tell one color from another but it sure is beautiful.” Barron, long familiar as a begger and as a seeker of odd jobs, expressed confidence that he soon would “learn how to see” like other persons. He had been blind since birth. Sanger Farm Youth, 17, Killed in Accident Fire broke out in the shed of the oil company adjoining storage tanks when Wischer is believed to have turned on a light switch which re- aulted in a spark igniting the gaso- line. The fuel was being pumped into 2 store > tank at the time of the ex- n. Both storage tanks, complete pump- ing equipment, 4,000 gallons of distil- late, 6,000 gallons of gasoline and Wicher’s new automoible were de- stroyed, Roosevelt Takes Part (Special to The Tribune Sanger, N. D., Aug. 17.—Gilbert Gullickson, Jr., 17, son of a family long prominent in Oliver county, was killed almost instantly Monday in a field tractor accident. Driving a tractor to which was at-, tached 2 mower, the tractor hit « stone on a sidehill, tipping over and Pinning Gullickson beneath. Gullick- son’s neck was fractured. The accident occurred on the Gul- lickson farm which is almost midway between Sanger and Hensler. Besides his parents, he leaves four In Roanoke Festival versary of the founding of Sir Walter Raleigh's “lost colony.” Ten members of congress will ac- company him, A feature of the pro- gram will be commemoration of the birth of Virginia Dare, first child born of English parentage ori this Mr. Roosevelt's address, at 3:30 p. m. (EST) tomorrow, will be broad- You'll find a wealth of full- flavoured richness inside every, bottle of GOLDEN WEDDING. Rich whiskey -.» ALL whiskey... it has had no peers for fifty years. Gold brothers, Arthur, Orville, Oliver and Elmer, and three sisters, Myrtle, Clara and Pearl. The senior Gullickson had retired a few years ago and is making his home iu Sanger. The farm has been under the management of his sons. Northwestern University and Iowa State University will meet on the gridiron Oct. 2 at Dyche stadium for the first time since 1895 when the Cy- clones won, 36-0. : The building of the Vatican was started about 482 years ago. Since then, almost every pope has made additions to it. eu Wedding BOURBON _ BLENDED STRAIGHT WHISKIES Cope. 1957, JOS. S. FINCH & CO., INC., SCHENLEY, PA. DICKS Phone° 2282. . 710 Thayer GRAPE 55c Concords, 4-qt. basket We Deliver All Orders A cash stere 2ic .33C BUTTER, %-lb. prints, Ib. | MILK, 3 tall CORB on ceeee | Young Scans Far East ernor Langer’s return to Bismarck, | probably Wednesday or Thursday. Crisis for Lions Club C. L. Young, Bismarck attorney, traced the history of the Sino-Japan- ese conflict for members of the Lions club at their meeting Monday. He was the speaker on the program ar- ranges by Henry Hanson and W. A. art. Booming out with organ-like vol- ume, the Lions heard their first elec- trical guitar, a combination of the familiar stringed instrument plus an electrically-operated loudspeaker. It was demonstrated by Victor Smaltz. HOTEL REGISTRATIONS Prince Hotel Mr. and Mrs. P. D. Pleasant, Mich.; and Miss Wilson, Chester, Pi and Mrs. C. F. Clark, Cedar Iowa; Edwin D. Starbuck, An- eles, Calif.; E. Ruth Smith and Elsie . Smith, Sauk Center, Minn; and Mr. and Miss Mark, London, Eng. Grand Pacific Hetel Mrs. M. A. Anderson, Tulsa, Okla.; Henry Stokman, Norbert Penheiter, Minnesota Lake, Minn.; Mr. and Mrs. James Selkirk, Des Moines, Iowa; Mr. id Mrs. Jess Buster, City, Mo.; J. H. Dennis, Zap; Nels Goeson, ; R. T. Lovell, Killdeer; Martha son, Rhame; Mr. and Mrs. M. Mogel, Los Angeles, Cailf.; S. J. Nagel, Glen Ullin; H. E. Lillo, Jamestown; Philip Ewald, Billings, Mont.; and H. C. Wilken and family, Chicago, Il, Births Son, Mr. and Mrs. Millard J. Hyde- man, $30 Fourth St., 7:30 a, m. Monday, St. Alexius hospital. ‘Son, Mr. and Mrs. David Markham, Bismarck, 7:20 p. m. Monday, St. Alex- ius hospital. Sandy Tom, saddle horse owned by Whitney Refvem, son of Mr, and Mrs. B. O. Refvem, 718 Sixth St., Monday fell a victim to the brain infection which has claimed many horses in North Dakota in recent weeks. The horse was 9 years old. Four North Dakota highway patrol- men are giving automobiles in the Jamestown vicinity the “once over” this week for improper licenses and mechanical deficiencies. In the party are A. A. Anderson, James Cadell, d. H. Voegele and Harry Nathan. William Welch, Judson farmer, must serve 30 days in the Morton county jail and pay a $25 fine for drunken driving in Mandan Satur- day. He was sentenced Monday by Police Magistrate R. F. Gallagher. Mrs. F. J. Liebole has returned from the eastern markets, where she has been on a buying trip. NLRB Begins Hearings J. H, Mekler of the North Dakota Power and Light company was in- troduced as a new member. Al Anderson, president, announced that E. O. Bailey and Capt. Herman Brocopp would arrange the program for next Monday. WEATHER FORECAST For Bismarck and vicinity: Gen- erally fair tonight and Wednesday; somewhat warmer Wednesday. For North Dakota: Generally fair tonight and Wednesday; somewhat warmer Wednesday and northeast Portion tonight. For South Dakota: Partly cloudy. tonight and Wednesday; slightly warmer Wednesday. For Montana: Generally fair to- night and Wednesday; warmer east portion tonight. GENERAL WEATHER CONDITIONS A high pressure area is centered over the northern Great Plains, Devils Lake 30.20 inches, while somewhat lower pressure ove: the southern and western states, Phoenix 29.92 inches. Temperatures are high throughout the middle Mississipp! Valley and lower Missouri Valley, but cooler weather praxalts over the northern Great Plains. Light. scat: tered showers have occurred from the middle Rocky Mountain region east- ward to the upper Mississippi Valley. Bismarck station barometer, inches: 28.41, Reduced to sea level, 30.18. Missouri river stage at 7 a. m. 3.3 ft. 24 hour change, -0.2 ft. Sunrise, 5:43 a, m, Sunset, 7:51 yp. m. PRECIPITATION For Bismarck Station: Total this month to date Normal, this month to dat Total, January ist to date Normal, January 1st to dat Accumulated exce BISMARCK, cldy. Beach, cldy. Carrington, p: Crosby, clear Dickinson, cl Drake, cldy. Dunn Center, c’ Garrison, clear Jamestown, Max, clear Minot, peldy. Parshall, cle: Sanish, Clear Williston, clear Devils Lake, clear Grand Forks, cleai Hankinson, clear In Steel Strike Area New Cumberland, W. Va., Aug. 17. —@)—A middle-aged grocer and school board member testified Tues- day that he believed a “plot” .pre- vented the National Labor Relations board from holding its hearing against Weirton Steel company in the Weirton High School auditorium. George Kimball, associated with the Hancock county school board, made his assertion at the labor board hear- ing on its complaint that Weirton steel opposed the steel workers organ- izing committee with “terrorism.” While scores of brawny steel man sat silently during the hearing in the ttle county courthouse at New Cum- berland, Kimball declared the school board had originally agreed to let the labor ‘board hold its present hearing in the Weirton school. Wearing shining C. I. O. buttons, many of the steel mill mien had jammed into the court room long be- fore the hearing resumed. Nearly 300 more witnesses will be called by the labor board. Fargo Youth Fatally. Injured While Diving Fargo, N. D., Aug. 17.—Fracturing his neck as he dove into a pool at a gravel pit near here, Duncan Arm- strong, 16, son of Silvester Armstrong, North Dakota highway department employe, died Monday in a local hos- tal, pit His Sunday swimming companions thought young Armstrong was feign- i ling trouble when he failed to return to the surface after his dive. Be- coming alarmed, however, after a few . |minutes had passed one of the boy’s 00|companions dove and found the lad on the bottom helpless with paralysis from the neck down. He was uncon- scious. Revived at the hospital he recov- ered consciousness and conversed with those at the bedside up to a few minutes before he passed away. His mother died two years ago. Hooch a prohibition term for whisky, is a contraction of the Alas- kan word hoochino, which is applied Lisbon, clear Napoleon, cle: Oakes, clear Pembina, clea Wishek, ‘clear MINNESOTA POINTS High- Low- est est Pct. Moorhead, peldy. ...... 84 5S 00 SOUTH Wat et) (9 =2 20 90 99 00 09 =2 -2 09 09 =3 09 00 =7 09-300: Sacra secede Soeen oes o » peldy. . Rapid dity, eld: MONTANA POINTS Glendive, cld WEATHER AT OTHER POINTS igh- Low- ct. 68 = .00 200 00 per, 210 Chicago, Il., 100 Denver, Colo. 01 Des Moines, Iow: 00 00 00 00 00 00 5 00 Mpls-St. Paul, 08 menene Uta! A 0. 5 60 00 100 9 00 00 ty 00 80 00 36 02 78 200 idan, clear . 8¢ 00 Sioux City, Iowa, rain. 106 72 .04 Spokane, Wash.,clear.. 86 52 (00 Swift Current, clear 76 48 00 The Pas, Ma: dy. 0 50 .00 Winnemucca, cldy, 96 62 .00 Winnipeg, Man., clear. 74 46 .00 SALARY Dak. Net’ Bank Bldg, - - - TEACHER’S LOANS $5 to $50 ON YOUR PLAIN NOTE Loans made anywhere in North Dakota WRITE TODAY Goo, Stevens, Mgr. to a rum distilled from sugar and flour. - Seeks Black Post Prospect of a Senate vacancy through appointment of Senator Hugo Black of Alabama to the Court brought an- above, that he would be a can- didate to succeed Black. The announcement was made from Paris, where Hill was on tour as a member of the Battle Monu- ‘ments Commission: Hill’s home is in Montgomery. LOAN CO. Phone 405 - - - Bismarck, N. D. THE BISMARCK TRIBUNE, TUESDAY, AUGUST 17, 1987 Boy Enters Mystery & Bright, mentally alert Oscar Hahn, right above, 11-year-old son of Anna Marie Hahn, Cincinnati woman held for investigation in the alleged “poison plot” deaths of five persons, may become one of the chief witnesses in the case. Philip J. Hahn, left, Mrs. Hahn’s hus- band, told police that the bottle of dysenteric poison discovered in his locker at work was found by Oscar at home. Indian’s Craving for Eggs Caused Massacre New Ulm, Minn., Aug. 17.—()— Craving of a renegade Indian named “One Who Kills Ghosts,” for a meas of eggs for breakfast seventy-five years ago Tuesday, provoked a massacre recalled by an observance here and elsewhere. The tragic incident resulting in deaths of hundreds occurred while most of the able bodied men in Minnesota, then in its fourth year of statehood, were serving in the Civil War, The settlers thus were poorly equipped to fight off the invaders. “One Who Kills Ghosts” found the eggs in the yard of Robinson Jones who was postmaster at Acton, a few miles southwest of Litchfield, when he and three other Indians were going from Henderson to Pembina with a hunting party. . One of his companions named “Brown Wing” disputed his right to the eggs and ordered him to put them down lest his act make trouble. Thereupon One Who Kills Ghosts accused the other of being & coward and afraid of the white man. In the quarrel that ensued all five Indians, the others being “Break Up” and “Scatters” and “Crawls Against An Obstacle” de- cided to prove their valor by go- ing to the Jones house and shoot- ing up all the occupants. They then went to the post- office, which was Jones’ house, and acted so menacingly that Jones left to secure the help of his step-son who lived half a mile away. The Indians followed, simulating friendship, but upon their arrival they suddenly shot and killed Jones, his wife (who was at the home of her son) Howard Baker, and Viranous Webster. , This was the torch that set off the fire of the great Indian up- rising of 1862. All the Indians be- | gan mustering for war. The very next day they fell upon the whites at the lower agency and then spread out over the country on both sides of the Minnesota, despoiling every settlement by torch, tomahawk and terror. In November, 1862, three months after the outbreak, Thomas J. Galbraith, who was then Indian agent, prepared a statement giving the number of whites killed as 738.0000... , Eventually 425 Indians were trigd by @ military commission, _| 303 being sentenced to death and the others to imprisonment but President Lincoln commuted the death sentence of all but 40. Of these, one died before the execu- tion day and another, a half- breed was transferred to the peni- tentiary while the 38 were hanged at Mankato on Dec. 26, 1862. GNDA Conducts Sale Of Cattle in Mandan A private sale of 43 head of young stock was being held Tuesday under the Greater North Dakota Association program to replenish dairy herds de- pleted as the result of drouth. Ranging from five months to two years, the animals which were shipped here from Minnesota, are being sold to farmers at cost plus handling ex- penses. Three hundred head were sold in the first sale in the Fargo area. B. E. Groom, agricultural develop- ment agent, and W. P. Sebens, travel- ing field representative, both of the GNDA are conducting the sale. Two Are Appointed to N.D. Architects Board ‘Appointment of Paul J. Jones and Joseph E. Rosatti, both of Cass coun- ty, as members of the state board of architects was announced Tuesday by Gov. William Langer. Jones was appointed to serve a two-year term and Rosatti for three years. They succeed 8..M. Houkom of Fargo and R. A. Ritterbush of Bis- marck. Third member of the architectural board is Edwin W. Molander of Minot, appointed recently by Governor Lan- ger to succeed Arthur Van Horn of Bismarck. There are from 30,000 to 40,000 eggs in the average shad roe. WEATHER CLEAR! K FAST!... CAPITOL Today and Wed. 2 Big Feature Attractions FIRST EVENING PERFORMANCE AT 6:45 tempts to Revive Wage-Hour, Farm Tenancy Bills - farm tenancy program that $10,000,000 should be granted for loans to tenants and a similar amount for retirement of submarginal land. year, 88 Democrats signed a petition Monday for a party caucus on the is- sue and submitted it to Caucus Chair- man Doughton (Dem.-N. C.). It urged @ study of “all effective means” of bringing the bill to the floor. Doughton, who has no choice in the matter, indicated he would call the caucus perhaps for Thursday night. therefore, would be ineffective. A bill to place the air mail service under the interstate commerce com- mission started a one-man filibuster in the senate Monday. Senator Mc- Kellar (Dem.-Tenn.), declaring it would “turn air mail over to the avia- Tuesday if necessary to block the bill. The senate finance committee, tak- ing charge of a bill to close tax law loopholes, was expected to give it quick approval Tuesday and bring it before the senate Wednesday. The house passed the measure late Mon- day, 178 to 0. Harvey Youth Drowns In River’s Reservoir keide, 17, drowned before other swim- ante could respond to his cries for Ip. Harvey's new inhalator in its first MINNESOTA REPUBLICAN DIES Fergus Falls, Minn., Aug. 17.—(2}— George W. Frankberg, 54, former Re- publican state central committee vice chairman, attorney and former mayor of Fergus Falls, died at his lake cot- tage near here Monday night, = POSTMASTERS NAMED fashington, Aug. 17.—(?)—Post- master nominations confirmed Mon- day by the senate included: North Dakota—Ruth C, Borman, Alamo; Cleo Fluggs, Marion. ‘i AGREE ON TERMS fashington, Aug. 17.—(P)/—A = cial senate committee agreed Monday on terms of a modified government reorganization bill but deferred final action on the measure until Tuesday. ‘The Statue of Liberty, in New York harbor, weighs 225 tone. GREAT BIG HIT NO. House Democratic Group At- Money Set Aside for Washington, house committee on public and grounds spproved islation providing $100,000 for an ad- dition to the Glasgow, Mont., post- office for federal court room fa¢il- ities, Rep. James F. and substituted for it a by Sen. Burton tana, which already senat Glasgow postoffice was approved lasi year and bids were to have been ad- vertised for in about a month, treas- ury officials said Tuesday. They said the legislation for additional facil- ities would delay a request for bids until revised plans for the building are approved. State Board to Meet ‘The state board of administration was to convene Tuesday afternoon to study biennial budgets for North Da- to| kota charitable and penal institutions. the board, said budgets of all the charitable and penal units will be considered with the exception of the state tuberculosis hospital at San Haven, previously approved. After approved by the board, the budgets will be submitted to Gov. William Langer. expected Dr. John C. West, head of the university and the state agricultural college, to confer with the board Wednesday garding final plans for the 1987-38 school year. at Moorhead, was selected to pro- nounce the invocation at the Floyd B. Olson memorial services at North- rup memorial auditorium on the Uni- versity of Minnesota campus at 3 p m. Sunday. ter of the rose-growing industry of that country. Here 70 acres are under glass, yielding four crops annually. ALWAYS COOL AND COMFORTABLE TODAY & WED. FEATURES is shown abeve id uradio eaten at Little Rock, as he carries the fight to his opponent, Gov. Car) E. Bailey. Miller was nominated by a “rank and file” convention Glasgow Postoffice » Aug. 17—%)—The building: 8 Tuesday leg- ‘The committee approved a bill by O'Connor, Lit i similar bill K. Wheeler of Mon- had passed the ite. A $140,000 appropriation for a new To Consider Budgets. Mrs. Jennie Ulsrud. chairman of Mrs, Ulsrud said she Dr. Te- DE. BROWN IS CHOSEN ‘The Lea Valley of England is a cen- SHOWS HIT NO. 2 QGualess...1N i LARD pitino dl, “ Foren When romence breezes home a winner in PAUL KELLY JUDITH ALLEN aad (A Pint Motions! Pots: The “tops” in bargain entertainment Shows 2:30 - 6:50 & 9