The Bozeman courier., 1927-04-08
SCHLAPS MUST PAY
THE FULL PENALTY
SUPREME COURT AFFIRMS CON
VICTION AND DEATH SEN
TENCE BIZ ROOSEVELT BENCH
NIahan Named to State Board of
Equalization; Reeds Name Taken
from State Payroll; Culture Sta
ton Bids Exceed Estimates
(Bv Our HeIena Correspondent)


Ferdinand Schlaps must hang for the
murder Of Tony and Ludmilla Geisler.
last May, the supreme court says, ilk-
firming his conviction and death sen~
tence by the district court of ROOse cit
county.
Schlaps, 1S-year-Old farm hand, shot aod
killed the GeislerS for the purpose, the
state cOntended, of possessing himself of
their automobile and money. Their bodies
were found in the Big Muddy river He
made a confession, was tried, and de-
fenSe that he was of low mentality and not
responsible for his actions was made. he
was convicted and sentenced to be hanged.
Execution was postponed by appeals to
the supreme court.
On appeal, reliance was placed on ad-
mission Of evidence concerning the two
murders, when he was actually on trial for
/ but one. The court says this is admissible
under a universal rule. SO far as testi-
mOny was concerned relative to the state
of his mentality, the court, with the re-
! minder that low mentality does not ex-
cuse murder, declares that the jury was
able to judge Of the matter by his testi-
mOny and actions as a witness. While the
law Will protect persons OF unSOund mind,
and distinction is made between sanity and
insanity, no such distinction is made as re-
spects their grade of intelligence where the
power of thought or reason exists the
court asserts.
There is nothing in the evidence, the
court says, which shows that the district
court would have been justified in Offering
an inquiry into Schlaps' sanity.
John W. Mahan of Helena, past national
commander Disabled American War Vet
Grams, with headquarters at Washington
ID. c., has been named by the state board
of equalization to succeed A. J. ViOlette as
attorney for the board. The appointment
is approved by Governor Erickson, as is
required by law. John w. Mahan is q
practicing attorney and a graduate of the
state university at MissOula He took a
special course on taxation law at the Uni
versity Of Minnesota and he is judge advO-
cate Of the Montana Branch Of the Disabled
War Veterans organization.
The name Of Grant Reed auditor in the
oil and gas department Of the state rail
road commission has been stricken from
the payroll Of the commission by the stat,
! board Of examiners. The board is desirOus
it was explained, of giving the appoint
ment further investigation as to its cOnsti
tutiOnality as there is considerable unfa
vOrable comment at the present time re
garding the appointment of a man to civi
office, who is serving as a member of tn,
state legislature.
The board approved the appointment O
o. A. Bergeson, by the state board Of tal
commissioners to complete the work on tn
2 Clark estate, in which Mr.. BergesOn wa
actively engaged at the close of his term O
I office. A compensation of $3.50 was al
5 lowed for the work.
e Mrs. Grace A. Brown, Charles +. Cole
man and Harry Wierings were appOinte
one year members of the board of par
commissioners for the city & LewistOwu
Governor Erickson named Mrs. Hester 3
Cox, Peter II. Halpin, and Oscar A. Muel
Ter, as two year members These appoint
ments become effective May 1, 1927.