davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
Issues Involved
In Noodle Action

The decision expected late Sat-
urday by the supreme court in
the Noodle disqualification
proceedings, regardless Of what it
is, will not be the final word on
his eligibility.
Involved in the present case are
chiefly questions Of Jurisdiction.
The prospective decision would
be q Qualification Of what pro-
cedure will be followed in further
prosecuting tho action against
Noodle.
The two issues involved In the
action now before the court are:
l. Whether the district courts
decision vacating . temporary re-
straining order, which prevents
issuance Of . certificate Of elec-
ton to Noodle, Is to be sustained
or the case sent back to the lower
court for trial on its merits.
2. Whether the court will Is.
sumo jurisdiction ct this time u
q quo warranto action which
would compel Noodle to show by
what right he holds office"
If the temporary restraining
order is quashed, Noodle will b in
q position to take Office January
Z.
Assuming the court quashes the
restraining order observers on
both sides regard this q highly
probable in the light Of state
ments made by attorneys on both
Sides, the only question remain
ing will be whether quo warranto
proceedings are to be heard be-
fore Noodle takes office or after.
The court indicated its reluct-
ance to consider the quo warranto
writ before the governor-elect
is in office.
Should the court decide not to
hear it and the restraining order
Is vacated, Noodle would go into
office January Z. It is q GER
tainty quo warranto action will
be started against him after he
takes office II the court does not
hear it now.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
MOTORISTS WARNED
FROM STATE ROADS
AS MISTS SPREAD
Holiday Travellers Told to Stay
Off Slippery Oiled and
Paved Highways
ZERO TEMPERATURE SEEN
Snow FIurries General in North
Dakota; Blizzard Whips
Over Montana
ZERO TEMPERATURE SEEN

Winter made its Official debut In
Bismarck today with . promise Of
cold wave and q northwest wind
which attained . velocity Of 30 miles
an hour by mid-afternoon.
Warnings to holiday travellers were
issued by the state highway depart
ment to avoid oil and paved roads
which are dangerously slippery.
A mist u travelling from the west
and spreading east rapidly, the de-
partment reported. The mist was ex-
pected to blanket the entire state BY
Saturday night.
Reports were received by the high
way department that several cars
have run into bitches because Of the
slippery condition Of the roads.
Sand u being poured on some hills
by highway crews.
Motorists Turn hack
Many motorists who started out on
weekend trips were forced to turn
back. the department learned.
Snow flurries were general over
the state according to the y. 3.
weather bureau here, zero tempera-
ture can be expected by Sunday
evening.
Today Is the shortest day Of the
year. and the official beginning Of
winter. For sticklers about the sea-
son, the official time to button up
the overcoat and start shiyering WAS
$50 .. m, Central Standard time.
That was when the north pole, waiGla
had been leaning farther and farther
from the sun since June a, leaned
away the farthest. Winter began 1t
seven-fifty.
According to Associated Press dis
patches, . blizxaru which swept over
northern Montana was responsible
for one death. Lesser snowfalls drifted
over other parts Of that state, COL
orado and Wyoming.
John B. Thomas, editor Of weekly
newspaper ct Wheeler, Mont, was
killed as his car slid off the high
way during the storm, which left
snowdrifts two and three feet deep
In places.
Some mountain passes were closed
by heavy snowfall in the higher areas
Of Colorado though the principal
roads remained open.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
spirit
MARKS OBSERVANCE
BY CONGREGATIONS
Special Music, Recitations and
Other Items Are Listed
or Programs

With festive services, programs and
Sunday school entertainments, Bis
marck churches Of all denominations
will observe Christmas, 1894. All
pastors extend invitations to those
who belong to their churches by
faith, those who have no church
home or those who are interested to
worship with their congregations.
OF the Lutheran congregations,
Trinity Lutheran win have Christ
mas eve services ct II o'clock and .
Christmas day festival service ct II
o'clock, the First Lutheran church
has planned Christmas morning SER
vices at 6 o'clock and the Zion Evan
gelical Lutheran congregation Is to
have . 7:30 o'clock service on Christ
mas eve.
Christmas Sunday rather than
Christmas day proper viii be OBJ
served by some. The First Baptist
services on Sunday will be at II
o'clock and In the evening. At the
First Presbyterian church there will
be services Christmas Sunday morn
Ing and also vesper services at 5
o'clock.
The McCabe Methodist Episcopal
services on Sunday will be ct 1880
o'clock and in the evening the church
school will give . program ct 1880
o'clock.
The Gospel Tabernacle will have
q Christmas eve service at 8 o'clock.
st. Georges Episcopal Christmas
services will start at 1880 O'Clock
Monday evening. Services scheduled
for Christmas day are those Of st.
Marys Catholic church which has
planned masses from $50 to 1890
o'clock on Christmas morning and the
First Lutheran morning service at 6
O'Clock.
Trinity Lutheran
Carols and anthems by the choir
are included In the elaborate candle.
light service at Trinity Lutheran at
II o'clock Monday evening. The
order Of worship will be: Silent
Night" Mrs. +. @. Plomasen. soloist:
THE First Noel" Bruce Wallace.
soloist; 20 Little Town Of Bethle-
Continued on Page Three)
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
CIVIC ASSOCIATION
Names COMMITTEES
Annual Dinner Meeting Set for
January ~; Membership
Conferences Slated

Department committees to carry
on work Of the local Association Of
Commerce during the coming yea,
were named Friday at q meeting Of
the board Of directors.
The board decided to hold the regu-
lar membership conferences in three
separate sections and q committee
was appointed to make the necessary
arrangements. Members Of the com.
mittee are George Bird, DR.. H. A
Brandes and A. r. Tavis. The three
meetings were tentatively set fol
January Z, 8 and ..
Date for the annual dinner meet
ing Of the entire membership Of the
association was set at January q.
Committees named are:
Agriculture-J. A. Larson, chair
man: George Duemeland. J. r. French
Carl Nelson and H. o. Putnam.
Aviation and Tourist Camp-R. B
Webb, chairman. Aviation: M. H. At
kinson and J. B. Smith. Tourist
Camp: J. r. Teck and r. L. Moule.
City affairs-Dr. H. A. Brandes
chairman; NJ. H. Atkinson, s. w. Cor
win, w. B. Couch and Paul Wachter
INTERCHANGEABLE. r. Tavis. chair
man; w. s. Ayers, N. o. Churchill
]. L. Barth and F. A. Copeland.
Finance and membership-H. J.
Dlemeland, chairman; B. +. Lawyer
Harvey Niles. ]. p. Wagner and +. H
Waldo.
Highways-J. L. Peterson, chair
man; A. r. Brink, r. NJ. Davis, II. G.
Frahm and Fred Peterson.
Industries and Rates-E. T. Nc
Gamma, chairman. Industries: T.. p,
Allen, w. G. Renden and James Trim
bic. Rates: z. NJ. Hendricks. w. -
Kraft and Theodore Quanrud.
Publicity and conventions-Georg
+. Bird, chairman. Publicity: Burt
Finney. Charles Goodwin and Frank
Milhollan. Conventions: Q. v. Bow
man, G. e. Lyon and H. Q. Saxvik.
Retail trade development-C. r.
Robertson, chairman: r. M. Berge-
son, A. w. Mundy, A. NJ. Nordtvedt
B. %. Refvem and L. H. Richmond.
Water conservation, waterways and
Missouri river developmentJ. w
Guthrie, chairman: George r. Bird
8. w. Corwin, Gordon Cox and J. =
Davis.
National and state lesislation-C
L. Young, chairman; Alfred zuger
J. =. Davis and Thomas Burke.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
WORLD arms QUIZ
IS PRObERS' HOPE
AS HEARING ENDS
Committee to Ask More Funds
From Congress to Continue
Investigations

washington, Dec. 70. - up - The
senate munitions committee, its last
dollar spent investigating the arms
industry, indicated Saturday it was
pinning its hope on world opinion to
bring further inquiry here and
abroad.
The inquiry. winding up its six
weeks Of pref Christmas hearings Fri
day, received an emphatic assertion
from the war department, opposing
naturalization Of the munitions in
Gustry as "a policy which would fail
iE war and therefore does not appear
logical in peace =
The statement, presented by Lieut..
Col. G. T. Harris and approved by Sec
rotary Dern, argued 1t would cost ST.
GOO, 900 900 at the outset to national
ize the industry and provide for
equipping 100000 soldiers. The up
keep was estimated at $50 ,000,0 900 an
nually, which the army high COM
mand contended would double the
peace-time cost Of national defense.
Chairman Nye (Rep., N. d.. imme-
diately replied his committee would
shoot this argument full Of holes"
With the committees $4,000 gone
however, it was up to the senate to
say whether the inquiry would go on
Committee members. planning q re-
quest for more funds, say at least $5O.-
600 additional Is needed.
Before meeting Saturday to decide
whether they would couple any rec
concentrations for legislation with
their request for more money, COM
mittee members expressed satisfaction
that Great Britain had set up royal
commission to investigate munitions
Some OF the senators expressed hope
the British inquiry would not be
"whitewash."
Testifying Friday about the war de-
partment's plans to mobilize national
resources for any future war. Col
Harrie denied contention Of Sen
ator Clark (Dem.. Mo-, that a draft Of
labor was contemplated.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
TRIAL seen
FOR insults AFTER
Martin ACQUITTAL
Further Embez element Charges
to Face Fallen Utility
Chiefs First Of Year
STRONGEST CASES LOST
Deliberate "a Hours; Two Hold
Out for 10 Ballots Before
Being Won Over

Chicago, Dec. 22.-(ReIhe ques-
ton, Twill there be . fourth insult
prosecution?'.' brought alternatives
from prosecutors Saturday.
Rebuffed for the third time IN
succession by q jury which adjudged
insult management Of their two billion
dollar power empire and acquitted
Martin insult Friday Of embezzling
$344,72 the states attorneys staff
pointed to the January court calendar.
It listed further embezSlement trials
for Martin, on Jan. Is. and for Sam
uel, ST., freed last month along with
his son and Is associates in federal
court on mail fraud charges, on jan
uary ..
But their reputedly strongest case
had collapsed, the mail fraud indict-
ment, the Middle West Utilities en-
bezzlement charge against Martin and
the first insult case which resulted
in acquittal Of Marsall =. Sampsell
Of an embezzlement count which had
been acclaimed the prosecutions
heavy artillery.
The others were to be held In ire
serve" Prosecutors studied them In
tently Saturday, weighing their
chances after three successive defeats.
But they ignored current reports that
the last insult had faced . criminal
court jury when Martin won his VIC
tory Friday.
Sixty-four-year-old Martin, happy
over his exoneration Of theft from
Middle West Utilities company Friday
after jury deliberations of Il hours n
which II ballots were taken, beamed
thanks in the courtroom to the jury
men for giving him Every merry
Christmas"
What his future plans were, he did
not disclose. But 1t was reported he
would not resist deportation to Can
ada. As q British citizen, he was ex-
tradited to the United States from
the dominion on the embezzlement In
dictments only.
The l4-hour session Of the Jurors
Friday had disturbed the waiting
defendant and his friends. The federal
mail fraud jury had acquitted Samuel
insult and associates In two hours.
Two determined jurymen who ques-
toned the right Of Martin to purchase
stocks with funds OF his company to
bolster his own brokerage account,
held out for 10 ballots before they were
won over to the majority side IN
arguments that waxed audible outside
the turyroom 1T times.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
new TAX SYSTEM
LOOMS FOR STATE
Gross Income Measure With
Proceeds for School Use
Backed by Educators

A new taxing system for North DA-
kota looms on the legislative hogiSon
A. solcns prepare to gather here jan
uary for the biennial session Of law
making.
Proposals for new taxing systems
will array themselves before members
Of the assembly IS the foremost prob
lens to be hurdled.
A gross income tax, with proceeds to
be used In support Of public schools Is
one proposal backed by educators, tor
which strong lobby Is expected TO
be made.
A second form Of gross income tax.
hut providing for replacement features
is also due to hit the floor. The Sec
ond bill, backed by Senator A. !. Bon
ger. Jr.. would provide for exemption
Of homesteads valued ct 5000 and
under. from taxation.
"A third earnings tax bill contem-
plating . gradual replacement Of
other taxing sources by the income
obtained from the one gross earnings
levy has been advanced BY some mem.
bers Of the Nonpartiasan League.
While bitter fight Is expected 70
be waged about the various tax bills.
q still more intensive battle r. looked
for when contemplated civil service
bills are introduced.
One civil service bill Is being pre-
pared to keep highway maintainers
out Of politics, by making them civil
service employees, subject to discharge
for political activity.
Maintenance men In the state
highway department have long been
looked upon Is potential machine
men" In politics. During the regime
81 william LANCER, deposed governor.
maintenance men were used extern
eively in campaign promotion.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22

There seemed q remote possibility
when court adjourned at noon that
q way might be found for the court
to take Jurisdiction of the entire sub
ject before January 7. This might
be done under the terms Of the declar-
atory judgment act. invoked In the
LANCER removal case, the court ask
ing attorneys to look into the matter
and advise it as to their opinions.
The judges made it clear, however,
that they do not feel they can take
jurisdiction under writ OF quo war
ranto at this time since that action
applies only where man is exercis-
ing or assuming to exercise the duties
Of an office.
Agree Case Is Urgent
Various members Of the court join
ed in expressing the view that the
case Is an urgent one and that It
eventually will have to take juris-
diction but indicated that it viii be
forced to adhere to the constitutional
and statutory forms governing its &C
tons.
AS the session ended attorneys were
asked to be on mana again AZ p. Ill.,
and to hold themselves subject to
call in the meantime. Both groups
OF lawyers indicated they would
search the books for means whereby
the court could take Jurisdiction over
the subject matter without doing vto-
lence to constitutional provisions gov
erning its method Of procedure and
it was intimated that members OF the
court would take similar action.
On the record as 1t was left ct noon.
however, such way had not been
found and the only substantial accom-
plishment Of the morning session was
to hear the argument on the appeal
from Jansonius' decision denying the
injunction application. Argument on
that question was substantially the
same as presented In the district court
with Francis Murphy arguing his
theory Of the law and his opponents,
M. w. Murphy Of Fargo and Q. J.
Murphy Of Grand Forks. contcndtng
! CONTINUED on Page 9
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
LACK JURISDICTION
TO issue WRIT OF
QUO WARRANTO now
Both Sides Seek Means to Avoid
Possible Legal SnarI by
Immediate Action
WILL REPORT LATER TODAY
Argue on Appeal From Injunc-
ton to Keep Governor.
Elect From Office

Indications Saturday were that
Thomas H. Noodle will take office as
governor of North Dakota on Janu-
airy and that shortly thereafter the
supreme court will issue q decision
determining his title to the office.
This was made apparent Saturday
when the court. at least by inference.
refused to take jurisdiction in an
application for writ of quo war
ranto, despite urging by both parties
to the action, and heard arguments
on the appeal from an order of Dis
trict Judge Fred Jansonius in which
he denied application for an injunc-
ton to keep Noodle from taking Of
flee.
Decision in the injunction appeal
has not been made by the court but
from questions asked it seemed q good
guess that the lower court would be
upheld. Francis Murphy, special at
torney general seeking the injunc-
ton, admitted that he could cite no
cases in support of his application
for an injunction whereas his oppon-
ents cited score.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
NEARLY Third OF
STATE POPULATION
ON RELIEF ROLLS
October Summary by Wilson
Shows Increase in Costs
Of $341 ,3oo.66

Almost 30 per cent o. North Da-
kota's population was on relief rolls
at the end Of October. according to
the October summary issued 6atur-
day by E. A. Wilson. FERA admin
istrator.
During the month TO October an
increase Of 4,641 cases was reported,
including 27.794 persons. Increased
costs totalled $34l 800 .66.
Total amount OF money expended
for relief during the month was
81. 1911 1851 Of which sum 994,5l8.16
was spent by the 50 Of So counties en-
gagged In relief work in cooperation
with the federal government.
Total number Of per ,ns receiving
aid during October was l96938 in
comparison with 1914 persons on
the rolls during September. Accord
ing to the 1890 census North Dakota
had = population Of 668,245 persons
which means that 29.5 per cent Of
state residents were on relief rolls
October 81.
Cases Increase to 42,0s1
Number Of cases receiving relief
during October was 42.05l in COM
parison to $3.50 cases during Sep
tember. The figures include drouth
relief as well as human relief, each
case. however. only being counted
once. Drouth relief cases do not re-
ceive groceries. coal. clothing. etc.
Hardest hit section Of the state Is
the Northwestern section where one
county has n per cent Of its popu-
lation on relief. Only one county,
Trail. does not receive federal aid.
This county had excellent crops.
One factor in the increase Of ex.
penditures IS attributed to distribu-
ton Of winter supplies Of coal and
potatoes. . step taken In anticipa-
ton Of cold weather setting In early.
Average amount extended to each
person represented in cases receiving
October relief was ;6.l5. The average
relief for October was $500 per case.
A case may cansist Of one or more
persons in the same family.
2o,16l on Work Relief
Persons receiving federal aid are
asked to work out most OF the relief.
During the week ending Oct. Is
there were 20.l61 relief persons lab
oring on work projects compared to
1902 working relief recipients dur
ing July. Since May there has been
worked out on past relief total OF
81 ,965, 87l .06. This includes both hu.
man and drouth relief.
Issuing Of stock food to relief
cases has been materially decreased
During October only $6l ,056.l0 worth
OF stock food was delivered to clients,
The transient department expended
$24,Ol7.35 In October in aiding 2.092
transients. The expenditure includes
CONTINUED on Page Three)
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
LEN|KE OPENS drive
FOR REFNANCE ACT
Measure Revised to Set q $3,-
600, 000, 900 Limit on Cur
rsncy Expansion

Warrington, Dec. 22.-(Resup-
porters Of the Fraxier-Lemke bill to
refinance farm mortgages-a measure
which has just been revised to set .
5000 900 900 limit on expansion Of
the currency-started q drive 9atur-
day to have the next congress enact
It.
The three billion dollar limit was
m attempt to smooth It's way to pass
age. One critisicm aimed 1T It In the
last congress was that It would per-
NIT imitation up to 4SO00, O00. 1000 or
4oy000. 100000 through new money Is
sued to refinance mortgages.
Representative Lemke (Rep.. N. d.
said Saturday he would toss the re-
vised measure into the hopper on the
opening day. He said he was conf
dent Of enactment because sentiment
for the measure Is stronger than It
ever has been and . good many con-
eressmen were elected becallse they
promisd to vote for It"
Lemke said 5000, 0o0, 900 used Is .
revolving fund would be more than
enough" to refinance the mortgages.
He estimated farm mortgages amount
now to around 5000 000. 900. OF which
about 5000, Oo0, 900 are In . bad
way"
The bill would authorize the farm
credit administration to refinance
farm Indebtedness BY making real
estate loans, secured by first mort
cages on farms, In amounts equival.
ent TO the fair values Of properties
plus halt the values Of insurable
buildings and improvements.
The loans would call for IL Per
cent interest and the principal would
b repaid ~ per cent yearly. New
currency would be permitted to H.
nance the program.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
Peterson is Named
Dairy Commissioner

Announcement that Carl q. Peter
son, formerly . creamery operator ct
Ryder, had been appointed by him to
b state dairy commissioners. was
made Saturday by Theodore Martell,
commissioner Of agriculture and Ia
bor-elect. Peterson viii take office
with Martell on January Z. He sue
ceeds Q. r. shelstad.
AGartell said he would not be ready
70 announce his appointment Is
deputy commissioners Of agriculture
and labor for several months and
that, In the meantime, Roy q. Amt
son, now deputy to Commissioners
John HUSKY. would continue In that
position.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
Christmas Trees
Donated to Needy
Elks Lodge Makes Major Dona.
ton to American Legion
Open Heart Drive
OTHER GIFTS RePoR TED
Number Of Toys Increased Sat
urday; Effort to End
Monday Night

Not only win every needy family In
Bismarck have toys and other cheer
for Christmas, It win have : Christ
mas tree, too.
This fact was assured Saturd~ :
when tho Elks lodge donated 10 the
American Legion,S open Your
Heart" campaign 1000 trees which It
had purchased Ia . job lot. The
Legion and the FEEsA Immediately
Joined In 4 plan to distribute them,
taking care not TO break the market
for Christmas trees and thus block
the sale Of those still In the hands
Of local merchants.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
M'Kirdy Returned to
Face Murder Charge

Dickinson, N. D., Dec. 22.-(R-
Herbert McKirdy, held at jamestown,
will be brought to Dickinson Saturday
to face second degree murder charges
for the killing Of his wife, Assistant
States Attorney H. A. Mackoff said.
McKirdy, who confessed to the
killing which previously had been held
accidental, has indicated he is willing
to plead guilty, according to States
Attorney Theodore Kellogg.
A formal charge against McKirdy
Is expected to be issued Saturday,
Mackoff said.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22
Copyright, 1924, ~ The Associated
prenB)

Copyright, 1924, ~ The Associate
preos)
Dollars falling with reassurtng
regularity into the tills Of Amer
icas retail business houses this
month have established Christ
mas trade reaching toward pros.
perity peaks.
A nationwide survey conducted
BY the Associated Press reveals
numerous reports pointing to
volume Of retail shopping business
ranging from mot unprecedented"
in some sections to enthusiastic
estimates Of gains greater than
1890 Or 1881 at some points.
Although the exact percentage
Of gain this year over previous
years win not be known with Il.
nality until well into 1895. when
books are rechecked, merchants
In most cases declare their husi-
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-22

Chicago. Dec. 22.-R Marie
Comforts, gangster's girl, asserts
the much-sought John Hamilton,
Dillinger lieutenant, Is dead.
Here Friday, the 2l-year-old
former sweetheart Of slain Homer
Van Meter said that Hamilton
was wounded fatally In the flight
Of the Dillinger gang from Little
Bohemia resort last spring.
Marie was taken from Chicago
to Madison, Wis, to face arraign-
ment on q charge Of federal pa
role violation Saturday. She had
been convicted there last summer
Of harboring the Dillingerttes at
Little Bohemia resort and sen.
fenced to q year and . day i'm
prisonment. She was paroled but
Friday was convicted again in
federal court at Duluth, MIMI,
Of harboring Van Meter in q
northern Minnesota resort.