The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-06-05
faction Of GUARDS
| IN DELAYING MAIL
| Being INVESTIGATED
Federal Postoffice Inspector Or.
dered Here BY Farley To
Probe Case
FOLLOWED LOCAL PROTEST
Compensation Bureau Official
Notified Government Of
Militia Action
FOLLOWED LOCAL PROTES

Militia Action
Action of North Dakota national
guardsnlen in holding up the United
States mail while Bismarck was under
martial law last Thursday was under
investigation by Postoffice Inspector
Walter r. Ton, Fargo, Monday.
Ton came here Saturday and imme-
diately began his investigation Of the
alleged violation Of federal law, inter-
viewing local postal officials and 9TH
ers who were connected with the az
fair.
Ton was assigned to conduct the in
vestigation here by district officials at
st. Paul, after r. E. Wenzel of the
state workmen's compensation bureau,
protested in telegram to Postmaster
General James A. Farley that the
guards had interfered with regis
tered mail package he dispatched to
the secretary Of state.
Wenzel later sent a letter to Farley
in which he made his formal protest
Interviewed Wenzel
Upon his arrival here Saturday fore
noon. Ton interviewed Wenzel. Mon
day morning he called on the secre-
tary Of state, Robert Byrne, and
planned to make several other calls
in his probe.
The package Wenzel mailed con-
tanned petitions to refer the law CIV
ing the governor authority to remove
Workmen's compensation commission
ers without cause. At the same time,
attempts to deliver petitions for ref
erendum Of the sales tax law also were
baked by national guardsmen.
The guardsmen were ordered to the
office Of the secretary of state. state
treasurer and District Judge Fred
Jansonius by Governor William Lam
ger, who said he had received letters
threatening them as we'll as the state
auditor and himself.
Governor LANCER had declared mar
tial law shortly before noon Thursday
as a result OF the strike on the new
capitol building project. He denies
he sought to prevent filing of the petit
tionS.
It was learned Ton obtained state
ments from Postmaster Walter Saith
er, who unsuccessfully attempted to
deliver a package Of petitions to the
secretary of state. Ton also obtained
the names of the national guards
men who prevented delivery OF the
packages.
Report to Garberg
It is understood Ton will make his
report to U. S. District Attorney Peter
B. Garberg at Fargo soon.
Procedure would be for Garberg to
determine, on the face of the report,
whether any federal laws had been
violated, and If this is found to be the
case, to present the matter to feder-
al grand jury.
The federal law on which the in
vestigaton is based, cannot be sus-
pended by a declaration of martial
law by a governor of state.
The guards were withdrawn from
the secretary of states office short
ly after o'clock Thursday afternoon,
and the secretary Of state then &C
copied the petitions as filed.
Text of Wenzel Letter
The text of Wenzel's letter to Far
ley follows:
ION June LIST sent you night let
ter, advising Of the stoppage of U. s.
Mail by the militia of the state. under
the direction of the governor. In
that telegram, however, I made the
funny, If not humorous, inquiry
whether you were selling first class
special delivery postage under false
pretenses.
1.-The more one thinks back over the
occurrences of the last few months,
eliminating in the drastic, nwar-
ranted and unauthorized acts Of the
governor Of June LIST, the more is one
impressed with the fact that 1t Is
neither as funny nor as humorous as
we tried to make believe 1t was.
I'VE Just don't know what Is going
to happen here. It may be even more
essential in the very near future to
have free access to the United States
mail and the delivery thereof, hence,
I am following up the night letter OF
June list with this second request-n
very serious mood-as to what the
government Of these, OUR. United
States intends to do about the June
LIST assault upon the postal depart
ment, and just what assurances we
may have concerning the free dis
patch of mail In the future.
North Dakotans, as a rule, are not
wild jackasses." They are peaceful
and peace minded people. They have
one grave fault, and that is to listen
to all Of the propagandists that come
along, whether from some corner
grocery, or from Seattle, New York,
or New Zealand. Some are becoming
very much worried, however, over the
type Of mentality they have permitted
to get strangle hold upon their own
actions. Hence. the request for some
thing reassuring."