The Bismarck Tribune from Bismarck, North Dakota • 1

North Oldest Newspaper ESTABLISHED 1873 Wound Four Men in Farm War Bring Capitol Finances Into Legislative Probe MANAGER OF BM QUESTIONED ABOUT DEBT CERTIFICATES Butler Says Neither He Nor Mudgett Was Enthusiastic to Make Purchase BOND MEN OFFERED LITTLE i Thorp Request Again Is Met With Order to Questions in Writing' Issuance of $400,000 worth of certificates of indebtedness bjf the North Dakota capitol commission and the need of such an issue were studied Saturday by the legislative investigating committee with P. H. Butler, acting manager of the Bank of North Dakota, being examined during most of the hearing. Butler said neither he nor Col. C.

F. Mudgett, manager of the bank until recently were about purchasing the certificates and that before they agreed to do anything they received an opinion from the attorney office. Butler reported the issue of certificates was necessary before the would sign contracts for portions of the capitol building work, with the comment that former Governor George F. Shafer had reported he wanted the capitol building program completed under his adminstration as the incoming administration might be unfriendly. Sen.

W. G. Bangert, member of the investigating committee, read minutes of the capitol commission into the records that referred to the need of the certificate issue so the commission could take advantage of low prices on materials. Butler said he did not know whether any of the $400,000 had been used yet for that purpose. Consulted in August Butler told of the preliminary arrangements for the issuance of the certificates, relating to the investigat.

ing committee that as early as August, 1932, the Bank of North Dakota had been consulted concerning their purchase. He said Shafer took up the matter with the bank and reported Shafer as having told bank officials money from the certificates was needed in the completion of the work on the new $2,000,000 capitol. Butler told E. R. Sinkler, investigating committee counsel who questioned him concerning the transactions, ho thought the capitol commission had on hand about one million dollars.

Butler said it was costing the state $20,000 a year for interest on thesT certificates. He said the last one was payable in i 1942. The acting bank manager said he had inquired of bond houses concerning bids for the certificates but all of them had sidestepped with the general comment they were not interested because of the limited tax provisions for payment of the certificates and the delinquency of taxes in the state. Would Offer Under Par One bond house said their offer, if they presented one. would be about 90 or 91 cents on a dollar.

At this point George Thorp, Fargo, counsel for the capitol commissioners, asked that portions of the minutes concerning the state auditor and the certificates be read into the ord with Bangert suggesting in writing as provided by uie rules of the committee. Sinkler said it was not necessary 4 to have the minutes in the record because all he wanted to know was whether the Bank of North Dakota had had any information from the state auditor about the certificates of indebtedness. Butler said the bank had no direct word from the auditor. J. J.

Murray, a clerk in the motor vehicle registration department, was cahed and the Investigating committee turned for a few minutes from the certificates. to the Hudson car which O. A. Fraser, commission member who resigned this week, used on his Louisiana trip. He testified the licenses for the Hudson were issued to Fraser and the La Salle that later burned was also (icensed by Fraser.

He also presentf -da bill of sale showing Fraser trad-1 ed in the Hudson at Chicago and gave a personal check of about SBOO for the difference. State Licenses Cheaper Murray said if the Hudson or La Salle had been state-owned it would have cost only $1 to license them. Sen. Matthaei questioned Rank L. Anders, secretary of the capitol commission, regarding the surety bonds for contractors and Anders said that if the state had purchased the bond for the general contractors direct it would have saved about over the arrangement whereby the contractors paid their own bond and included it in the general contract price.

Bangert, Sinkler. and W. J. nigan, another member of the investigating committee, all questioned Anders regarding the change in the concrete mixture. Anders reported the change was made to provide a stronger concrete.

He added the change was suggested by the architects and that the capitol commission had no formal notice of the change. I. L. Davis, superintendent of construction of Lundoff-Bicknell, Chicago general contractors for the building was on the stand as the hearing adjourned until Monday. THE BISMARCK TRIBUNE But the Wife Was Willing When photographers snapped a pic- a benedict.

As shown above, he put ture of Montagu Norman, governor of his hands over his face to shield it. the Bank of England, and his bride But his bride had no such qualms following their wedding recently in and gave one of her bright- London, the noted financier had no est smiles. Norman is 61 and his zest for publication of his picture as bride Is 33. Audit of AU Departments Of N. D.

Government Urged PRUSSIAN BODIES ARE DISSOLVED BY GOVERNMENT ORDER Boards of Every City in State Must Hold New Elections on March 12 Berlin, Feb. commissionary government of Prussia decreed immediate dissolution Saturday evening of all communal parliaments in the state. This action, following by a few hours refusal of the Prussian diet to accept a Socialist motion expressing a demand by Chancellor cabinet for dissolution of that body, mean? that all the city boards of aldermen, from Berlin down to the smallest village, must hold elections on March 12, a week after the scheduled Reichstag election. The government expects these elections will result not only in communal majorities for the Nationalists and the National Socialists, but also in the election of a Rightist president of the Prussian state council. Then with Hans Kerri, National Socialist president of the diet, the new president can dissolve the Prussian diet under the provision which permits dissolution of a two-to-one vote of the diet triumvirate, including the premier of Prussia, the president of the diet, and the head of the state council.

President von Hindenburg signed a press-restriction decree promulgated last July 4 by the von Papen government and subsequently rescinded by the von Schleicher cabinet. The decree ran counter to an announcement made a few days ago by Dr. Wilhelm FWck, Nazi minister of interior, that no such curtailment was contemplated. Appeal Went Unheeded The order was made necessary, a communique said, because the government's appeal to avoid everything which might cause unrest or endanger the public security had gone unheeded. Suspension of two more Socialist newspapers and confiscation of Saturday's edition of the Communist organ, the Rote Fahne, were noted.

Seven persons were wounded severely and a score slightly injured during a Nazi-Relchsbanner pistol fight at Dortmund. One was expected to die. Suspension of publication of the Socialist organ Vorwaerts for three days and the raids on Communist headquarters and banning of Communist meetings served to stifle the two chief opposition parties. These and the Catholic parties are now ir. the full stride of their fight to force out Hitler.

They formed a majority opposition in the but Hitler was confident the election would destroy it. Developments Saturday indicated, however, the Nazis do not consider the coming elections ail-import-v ant. Adolf Wagener, National Socialist leader, said at a mass meeting in Munich: the government now stopped, it is most likely there will not be too many elections in This would mean a continuation of a government by decree, but opposed to such recourse is President von Hindenhurs htmsalf. Suggestion Made That It Would Be Fair to Those Whose Books Are O. K.

A complete audit of all state departments, as a result of information uncovered by investigations of affairs of two former state officials, is being considered by North Dakota state officers. The arrest of John Gammons, former state industrial commission secretary, on charges of embezzlement, and testimony offered before a legislative investigating committee that G. A. Fraser, former adjutant general and capitol building commission member, entered duplicate travel expense vouchers against three state funds, has caused state officials to consider the advisability of auditing all other departments. Officials who are advocating the sweeping audit said this would be done with the thought that since accounts of some state officers have been questioned, an audit of the books of other officers should be carried out in fairness to the officers whose books are in proper shape.

Auditing Now books are now being audited, while Governor William Longer is expected to authorize an audit of the affairs of Fraser during his term as adjutant general and capitol commissioner. Fraser was replaced as adjutant general a few weeks ago and. resigned Thursday as a member of the capitol commission. The legislative committee investigating the capitol commission is continuing its taking of testimony relating to Fraser's affails. Testimony was offered that Fraser entered travel expense accounts against the adjutant general's office, commission, and Missouri river commission.

The committee is now making inquiry into purchase of a car used by Fraser in a trip to Louisiana. Gammons has been bound over to the Burleigh county district court. He waived preliminary examination Friday when he was arraigned on a charge of failing to account for S6OO paid him from proceeds from a 000 certificate of deposit in the Bank of North Dakota, representing part of one of the funds under the direction of the industrial commission. For several weeks an investigation had been under way of Gammons affairs. He had been secretary of the industrial commission for nearly 10 years.

The transaction questioned by officials in the Gammons case concerns funds set aside for compiling a history of North Dakota soldier who served in the World War. James Mulloy, who succeeds Gammons as secretary of the commission, callfed the industrial attention to the Quest ions Salary Payment On taking office, Mulloy placed before the commission, details of a payment of $550 as salary at the rate of SIOO a year for the five and a half years the history fund was under Gammons' direction. The payment was made, Mulloy Informed the commission, on a voucher approved by Fraser as adjutant general. The history fund accumulated through discounts in payments of the bonus fund, over which the adjutant general had supervision. In 1927 the legislature authorized the adjutant general to use the money accumulated through administration of the bonus fund for compiling a history of the records of citizens of the state who served in the World War.

The Industrial commission. under the law became custodian of the fund, which amounted to approximately S3OOOO. BISMARCK, NORTH DAKOTA. SATURDAY, FEBRUARY 4,1933 SENATORS SUSPEND SERGEANT-AT-ARMS FDR BRIBE CHARGE Judiciary Committee to Meet Monday Following Public Trial Friday BARRY REAFFIRMS BELIEF Said in Story There Are Not Many 'Out-and-Out Grafters' in Congress Washington, Feb. 73-year-old sergeant-at-arms, David 8.

Barry, was under suspension Saturday for writing a magazine article accusing some members of congress of accepting bribes. Chairman Norris called a meeting of the senate judiciary committee for Monday to consider whether further action should be taken against him. Demanding libel action for publication of the magazine article, Senator Walsh asserted in an Interview that the publishers should be called upon to furnish proof of the statement. He was removed from his familiar chair next to the presiding officer after a public trial in that historic chamber. In one of the most unusual scenes in congressional history.

Barry was called before the senate bar. He acknowledged writing the article, admitted he had no evidence, but asserted his belief that his article was true. The article in question was published under name in the current issue of the New Outlook which is edited by Alfred E. Smith. Its title was the Hill to Among its statements was this: to popular belief, there are not many crooks in congress.

That is, out and out The attention of congress was first called to the article by Representative LaQuardia of New York, who said in the house that Barry should be forced to tell the names of members who have accepted bribes. In the senate the neatly-dressed Barry faced the accusing senators. Under the stem questioning of some of the senate's most able legal minds lie gave hesitating and somewhat conflicting answers. For two hours the senate debated whether to dismiss Barry summarily or suspend final judgment until nest Tuesday. Finally it was decided to refer the case to the pudiciary committee for investigation and report by next Tuesday, meanwhile suspending Barry.

At the same time a resolution to certify the case to the District of Columbia and New York state authorities for possible prosecution on the grounds of criminal libel also was referred to the committee. BILL PROVIDES FOR REVIEW OF BUDGETS All Municipal Taxing Bodies Would Be Bound by Proposed Enactment Provisions for creating of boards of budget review in every North Dakota city of 1.000 population or more are included in the bill introduced in the house of representatives Friday. The budget review boards would consist of seven from the city council or commission or village board, two from the school board, one from the park board and two members from the public at large. When the community is without a park board, the public at large would be represented by three members. The members would serve without pay and their duty would be to examine all preliminary of each governmental unit of the city or village, certifying its approval, disapproval or modification.

The board would be permitted to lower budgets but not to raise any and Its action would be final. All proposed bond issues would not be voted on until approval by the board and if an issue is disapproved only a petition by at least 25 per cent of the voters could put it before the electors for a vote. Public hearings on preliminary budgets would be compulsory. The bill was introduced by Herbert F. Swett, Kidder county, L.

L. Twichell, Cass, W. J. Flannigan, Stutsman, and Geo. P.

Hotnnes, Divide. Reappoint Freeman Department Deputy Reappointment of C. Vernon Freeman as deputy game and fish commissioner, and appointment of W. C. Mills, Bismarck, as chief game warden, were made Friday by Thoralf Swenson, newly-named game and fish reappointment was said to be temporary.

He served under Bumie Maurek, whose term as game and fish commissioner expired this week. SwQoson is a farmer at tforthvood. Craig Urges Speed To Avoid House Jam Late News Bulletins (By Thu Aandatoi Pram) (By The Associated Pram) REJECT CUT OF OWN PAY a vote of 172 to 37 the house rejected a proposal by Rep. Wlttington Miss.) to cut salaries of members from $9,000 to $7,500. A second proposal to cut the salaries to $5,000 was rejected 161 to 2.

In the senate Democratic Leader Robinson (Ark.) renewed demands for an Investigation of the airmail situation to find what a proper appropriation for next year would be. CONVICTED OF MURDER Hankins, accused of slaying Patrolman Ira Evans In connection with the robbery of the Northwestern National Bank Dee. 16, was found guilty by a jury and will be sentenced to life Imprisonment Tuesday. THREE IN HOSPITAL Gardena, N. victims of a train-bus crash near here Friday, in which Marvin Marquardt, 8, was killed, are in the hospital at Bottineau.

Mildred Marquardt, 15, is In critical condition with a fractured skull; Dale Puppe, six, has fractures of the hip and collarbone and injuries to his leg. George Mllbraith, 17, has a scalp wound and injuries to his back which may prove serious. There were nine children and the driver in the horse-drawn vehicle. OPPOSES RATE BOOST A. Lee.

Grand Forks, secretary of the Farmers Grain Dealers association of North Dakota, told the Interstate Commerce commission here that farmers are holding ft per cent of the 1932 wheat crop because they cannot afford to ship it. They are feeding it to cattle, he said, and the railroads are losing the revenue which would accrue from shipping It to market and shipping cheaper feed grains into the country. He opposed rate increases asked by the carriers. SENTENCE NO 1 GUNMAN Humphreys, successor to A 1 Capone as No. 1 neemy," Saturday was sentenced to serve one year in the house of correction and pay a S3OO fine upon his recent conviction on a charge of gun-toting.

WOULD SOUND SENTIMENT house committee suggested that a vote on remonetisation of silver be had at this session to sound out sentiment In the nation for the benefit of the new administration. GETS WAR HERO Adrian W. Reeves, shot down six times during his World War aviation career in which he escaped with nothing more serious than a sprained ankle, died Saturday of influenza at the age of 33. SCHOOL DAWS WILL GIVE FREE CONCERT Public Invited to Program at Memorial Building Sunday Afternoon Ninety-five Bismarck school children will present a band concert at the World War Memorial building at 4 Bunday afternoon. The concert will be free to the public and everyone Interested is invited to attend, according to Clarion Larson.

director. The concert will be given by the juvenile concert band and the junior high school band. This will be the first public appearance of the junior high school band since its organization last September. Spencer 8. Boise, chairman of the juvenile band committee, will give a brief talk.

The program follows: Magic All by Juvenile conoert band. Concert Yield Not to Battle Hymn of the Lang Junior high school band. Trombone novelty Eugene Palmer, William Lambert and Robert Klinf. Saxophone Sax played by Russell Amot. Tone Japanese National "America" played by combined Committee Asked to Hurry Legislation to Prevent Tie-up of Machinery 56 BILLS IN THREE DAYS 14 Mora Are Offered Friday; One Would Revise State Pardon Statute With a record of 56 new bills in three days, including 14 more Friday, committees of the North Dakota house of representatives were urged by Speaker Minnie D.

Craig to dispose of them as rapidly as possible to prevent clogging of the legislative machinery at the close of the session. Granting of pardons by a majority of the state pardon board is proposed in the bill introduced by H. T. Peterson, Mountrail county. The existing law requires unanimous vote of the board.

Use of spring scales would be forbidden by provisions of the measure Introduced, by W. H. Bettenhausen, Mclntosh, and K. A. Fitch, Cass.

Geo. Aljets of Wells would compel machinery companies selling in North Dakota to keep a full line of repairs in the state and Christ J. Hanson's measure would abolish the state securities commission and place the work with the state banking department. C. T.

Olson, Slope, would provide for payment of officials in any political subdivision for six months by issuance of warrants and half of the salary in cash. Three measures relating to trucks and busses were introduced by Arnold E. Sand lie. Grand Forks, and Alfred Mostad. Ward.

One reenacts the commercial truck and bus regulations, another fixes length of trucks and trailers used on state roads and fixes the load limit, and the last one Includes provisions for a truck-mile tax ranging from one-half cent per mile up to four and three-fourths cents per mile, depending upon the weight of the truck, to be paid monthly into the auto transportation fund. Five Bills Passed Five bills were passed by the house in a session lasting more than three hours. The Biewer bill to permit public posting of school district reports when yearly expenditures are less than instead of printing them in newspapers passed by a vote of 76 to 30. The measure brought brief debate to the floor with H. T.

Peterson of Mountrail county saying he to be forced to get into his car to run around the country looking for a fence post with the notice on The author, M. P. Biewer of Cavalier. said if the information was really wanted by a taxpayer it would be available at the courthouse, eliminating any need to find a post. Clarification of civil court procedure on directed verdicts, protection for sheriffs in damage suits, and authorization of the secretary of state to give notice to domestic corporations on date of expiration of their period of corporate existence were among provisions of the bills passed.

The corporate existence bill was a senate measure. Another bill compels sheriffs, clerks of district courts and public administrators to deposit funds with treasurer and absolves them from liability thereafter. Roosevelt Examines Political Situation En Route With President-elect Roosevelt to Jacksonville, Feb. 4. privacy of Presidentelect Roosevelt's overnight ride to Jacksonville for his final vacation gave him opportunity early Saturday to make a last-minute scan of the political situation and patronage.

James A. Farley, chairman of the national committee and the master of the many thousand subordinate Jobs to be passed out by the new administration. rode with Roosevelt to his sea rendezvous which began at 9:30 Saturday morning when the President-elect boarded Vincent yacht. Nourmahal for a 10-day cruise. The President-elect is reserving to himself alone the high cabinet and appointments.

But he realizes that a new government Involves a vast appointive task and in this he is listening to his trusted advisers. Farley and the Democratic leaders went on from here to Miami to establish the Democratic base for the next 10 days. While on the high seas Roosevelt will keep contact with the United States through wireless messages each day to be delivered at Miami. Youth Is Killed in Gravel Pit Cave-in Morris, Feb. by a slab of frozen earth as it fell into a gravel pit and menaced the lives of eight others, Louis Hoyer, son of the Rev.

and Mrs. H. C. Hoyer of Morris, was killed near here Friday. Hoyer and eight other workmen were digging in a gravel pit when the frozen top started to slip.

Warned of the Impending danger, all started to run. A large piece crushed Hoyer, breaking aecfc, Gets Million Audrey Nancy Campbell, Chicago debutante, above, has won her court action for control of her million-dollar share in the estate of her mother, Mrs. Nancy Lathrop Carver Campbell. INTRODUCE BILL TO FORCE REVISION OF N. D.

UTILITY RATES Provide That Cost of Revaluation Shall Be Borne by Service Company On petition 25 per cent of the public utility patrons in any city, village or town, the state railroad commission would be required to revalue property of the company at the utility firm's expense, according to the provisions of a bill introduced In the senate Friday by Senators A. F. Bonzer. Richland county, and Charles G. Bangert.

Ransom. The bill provides that on being petitioned, the railroad board to arrive at a reasonable rate or rates through with the utility company, the new rate to be not less than 15 per cent under the old rate. If the commission and the company fail to agree it would be mandatory on the part of the commission summarily and forthwith reduce the rates 25 per until a hearing is held to revalue the property. A petition for revaluation could not be filed more than once every two years. If rates are summarily reduced, the utilty company would be permitted to charge its former rate, provided it kept 25 per cent of the collections in a separate fund, to be remitted to its patrons if the case decided adversely.

The commission is authorized by the bill to employ rate experts, engineers. accountants and other expert assistance, the expense of these employes to be paid by the utility firm being investigated. Utility companies included under the proposed bill are pipe-line companies for transportation of gas. oil and water: telephone and telegraph companies; electric light companies and individuals engaged in. generating, distributing and selling light, heat or power; companies engaged in distributing natural or artificial gas, and all heating companies.

The measure was referred to the judiciary committee. Would Aid Soldier Home A bill for a $22,000 appropriation for the Home at Lisbon was offered in the senate, with an explanation that to the financial depression it seems that it will be impossible for the North Dakota Home to continue to take care of and provide for those members now in the home without some Provision for liens in favor of hospitals and other charitable institutions treating persons injured in accidents is made in a bill presented in the senate by Senators G. A. Jones and J. H.

Burkhart of Ward. A bill aimed at prohibiting gas pumps passed the senate. S. 'S. McDonald, Burleigh county, author of the proposal, said there were no machine pumps in the state but that they had been installed in other states.

He termed the machines a fire hazard because they operated automatically by insertion of a coin by the purchaser. His bill requires that a bona fide employe or the owner must operate a gasoline filling station. The senate approved, by a 35 to 11 vote, a bill to permit dentists to administer intoxicating liquors to patients on the same basis as physicians. E. M.

Indegaard and Arthur Trovatten are authors of the proposal. An appropriation of $27,000 for vocational education and rehabilitation passed the senate. FLAN ROBBERY TRIAL Fargo. N. Feb.

Campbell, alias Robert Benton, Fargo, will go on trial in Cass county district court Mnoday charged wtlh robbing the First National Bank fit apt. Weather Report Cloudy to partly cloudy tonight amt Sunday; much warmer PRICE FIVE CENTS BLOCKADE RUNNERS AND PICKETS SHOT IN STRIKE FLAREUP Attempt to Transport Milk Into Sioux City, lowa, Causes Violence STATE LEGISLATURE ACTS Approves Plan to Make Alcohol From Corn to Provide cultural Market Elk Point, S. Feb. one man lying near death in a Sioux City hospital and three others suffering from severe gunshot wounds, Union county, South Dakota authorities Saturday were launching a vigorous investigation of Friday milk strike gun battle which took place near the lowa boundary when a group of milk haulers attempted to run the highway blockade, maintained by farm strikers, and take milk to Sioux City. The most seriously wounded victim of the gun fight as R.

D. Markell, 67 years old, milk importer of Elk, Point. He was suffering from gunshot wounds in the abdomen, seven of the pellets having punctured his intestines. Attending physicians held little hope for his recovery. Two of the other victims were sons of the elder Markell.

Keats Markell suffered gunshot wounds on the left hand, face and head and one of his fingers was severed by a bullet. Harry Markell suffered buckshot wounds about the face and head. The fourth victim was Nile Cochran of Moville, lowa, said to have been one of the farm strike pickets. He suffered scalp wounds, but the injuries were not serious enough to send him to a hospital. He was lodged in jail at Sioux City, where he was being held for questioning.

Sheriff Tom Collins, of Union county, and Attorney G. C. Donley were on their way to Sioux City this morning to question Cochran In an effort to learn the names of other strikers who had participated in the battle. Expect More Arrests Additional arrests were expected to be made during the day. Charges of assault with a dangerous weapon are to be filed against all who took part in the attack, officers said.

Three guns were Oaken from the Markells following the shooting officials said and a revolver was found by officers on the seat of their truck. Meanwhile the lowa legislature had approved a plan to allow the manufacture of alcohol from com to provide a market for part of the grain surplus. Other developments in the farm situation included: In Nebraska a new conciliation farm mortgage relief board considered a plan for the appointment of county boards of five farmers. The senate committee at Washington continued to hold hearings as the crop production loan bill awaited the presidents signature. At Cherokee.

a farm sale was postponed without explanation and at Vermilion, S. a judge told farmers that he would uphold the law matter how many protestors Members of a Joint legislative committee on farm mortgage arbitration were deadlocked in lowa as they attempted to dovetail provisions of separate house and senate bills. In Oklahoma City governor Murray exhorted the legislature to act quickly on farm legislation and termed mortgagees citizens with their backs to the A mortgage holder at Fairmont, was ordered by a court to show cause why he should not be enjoined from foreclosing on a farm and at Huron. S. American Legion members were paying dues in hogs, poultry and grain.

JUDGE HAS NO CHOICE BUT TO UPHOLD LAW Vermilion, S. Feb. W. A. Bauman told scores of farmers gathered here Friday to object to entry of a judgment against a widow for possession of a Clay county farm that he no choice but tc uphold the law and would do so no matter how many protestors Chinese Launch New Drive on Chiumenkow Chinchow, Manchuria.

Feb. Japanese military headquarters here reported its garrison at Chiumenkow, in the great wall of China, repulsed the fifth Chinese attack in eight days after three hours of desperate fighting early Saturday. Heavy Chinese losses were reported. The Rengo news agency said Chinese troops in the Shihmenchai district, westward from Chiumenkow, were recently reinforced by two of Marshal Chang brigades. With the aid of these regular troops the Chinese forces were reported trying enveloping tactics by attacking the Japanese garrison from the east, north, and west.

Further Chniese assaults were expected. Chiumenkow, a main coastal passage through the great wall into the Chinese province of Jehol, was captured by the Japanese a week after the fall of Shanhaikwan, the Chinese border city, 12 miles southward. MAYVILLE BEATS ELLENDALE Mayville, N. Feb. through the entire game, teachers college defeated Blendale normal here Friday night, 49 to 28.

Mayville held a 31-11 lead.