The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-06-14
G. o TIN U E D
Judge Tells Them
To Make Decision
In Line With Oath

struct and impede the government o.
that 1.-the executive branch Of tn,
government.
That they entered into conspir,
acy that they would, by certain de,
vices and means, 60 to the employees
OF the relief administration and per.
sons who were connected with It ant
who were receiving aid from fedora
funds, and in advance Of their havinf
earned their salary, they would solicit
from those persons five per cent Of
their yearly salary, requiring them *
sign pledge to that effect-some Of
those pledges are in evidence
as further evidence Of their pledge
they would exact from them post.
dated checks to the amount Of five
per cent, to be paid. sometimes quar-.
terly, sometimes monthly.
And the indictment says thai
solicitations were made In such 9
manner as to intimidate and force
them into making subscriptions; that
the method was represented to then
as job insurance; that unless they
subscribed and paid they would Of
might lose their jobs or have salaries
reduced.
That 1t was also persuasion
against their will. to sign the pledge
and that such solicitations and col.
lection Of those monies and for those
purposes was corrupt because 1t d.
verted a part of funds the govern.
ment Of the United States hao
raised by public taxation to the end
for the relief of the destitute, to these
defendants and others for political
preferment.
That was an expression of i'm.
pairment of the service of the United
States. That charge is in the in
dictment. Always bear that in mind;
keep within it and do not go with
out"
Quotes From Penal Law
The judge then began his discus
sion Of the criminal laws involved
He quoted Section 81 of the penal
code Of the laws Of 1910: IF two or
more persons conspire either to COM
nit an offense against the United
States or to ,defraud the United States
in any manner or for any purpose and
one or more Of such parties do any
nact to affect the object Of the con-
spiracy, each of the parties to such
conspiracy shall be fined not more
than $4,000 or imprisoned for not
more than two years or both.
"The latter part of that section Is
of no Importance to you," he said, land
!, you have no right to consider the pen
. atty with reference to whether or not
there is guilt in this case, because the
Law places that burden and RESPONSE
bility solely upon the court"
The indictment, he said, did not
come under the section, but under a
clause In the section, following ..
xor to defraud the United States in
any manner for any purpose"
= IT two or more persons should con-
spire to defraud the government out
of a million on deposit in the federal
=. reserve bank they would come within
this clause. This indictment does not
charge the defendants with defraud-
ing the United States out Of any
money. If the defendants received
any money from the United States it
is not charged in the indictment.
Assessment Not in Issue
The court told the jurors they could
not convict the defendants for vio-
lation of state laws. He said it ap-
peared from the evidence that LANCER
.sllad assessed state employees for pur-
! poses to which LANCER testified, land
also to repay him $4,000 which the
League owed him. So that is not in
controversy" added the judge.
Evidence of the government tenoS
!, to show LANCER originated the scheme,
he said.
On the question of fraud, he point
ed out that state employees for their
money received the right to sell SUBJ
scriptions. They had already earned
their money-they were either out
their money or else they had to work
for The Leader to get it back-so
that they earned their money twice"
Referring to the question as to
whether there was any deceit or fraud
in the solicitations, Judge Miller ex-
planned that the testimony showed
that during the solicitations no repre-
sertations were made that the money
would be used to pay LANCER the
money he claimed was owing him."
1T is the duty of the governor !. :.
to enforce the laws of the state. It
is the governments theory that the
scheme itself was fraudulent. and
in direct violation of the statutes Of
North Dakota" The judge read por-
tions Of the state law making 1t
misdemeanor for any public official to
receive or appropriate for his own use
any money appropriated for clerk
hire.
Expounds Government Theory
Immediately following his reading
OF the law, the Judge brought to the
jury's attention evidence tending to
show" the governor Contemplated
violation Of the state statute, by OBJ
tanning from his own clerks part Of
their salaries paid out OF an approp-
ration for that purpose and not for
any political party or faction"
He expounded the government
theory that the governor knew it was
q violation Of the law but that he
told Oscar Erickson, state senator and
later publisher Of 1.-THE Leader" Of
the plan. He said the governor adj
mitted telling Erickson. The Judge
summed this portion of his charge
with the statement that If the jurors
found the governor told Erickson, and
Erickson performed any act In con-
nection with the contamination Of
the alleged conspiracy. then there was
an unlawful act.
He directed the jurors to find the
defendants not guilty II they failed
to find the conspiracy was broadened
to include the federal employees"
The intent Of the defendants was
discussed by the court. He explained
that the governments theory was
that. after the governor had been
warned to halt collections, the collec-
lions from the employees continued.
SGsYS3aA AVr3AAV@an 10 t1@A NA~ tArA ~ ~