davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune., 1934-10-30
GROSS EARNING FEE
VOID UNDER ruling
OF FEDERAL Court
Law Held in Conflict With Both
State and National Con.
stitutions
WILL RESTORE OLD METHOD
Act Covered in Chapter 252S Of
North Dakota Session
Laws for 1893
WILL RESTORE OLD METHOD

Fargo, N. D., Oct. 30.-tP)-North
Dakota's II per cent gross income tax,
as imposed against certain power COM
panies within the state, is unconstitu-
tional. therefore void.
That was the finding Of q special
federal court consisting Of District
Judge Joseph W. Molyneaux. Mime
apolis, Circuit Judge Archibald K.
Gardner of South Dakota and District
Judge Andrew Miller of North Dakota
The act was covered in Chapter
252S of the Session Laws of North
Dakota for 1888. It sought to impose
II per cent annual gross income tax
against certain power companies do
ing business in North Dakota, with
no deductions of any kind permitted.
The court holds that the act is void
because it violates section ITO Of the
constitution Of the State Of North
Dakota which expressly provides the
methods by which power companies
shall be assessed; because it violates
Section l of the 14th amendment to
the constitution of the United States
and Section 13 of Article Of the
constitution of North Dakota.
TN that said act affords no oppor-
tunity at any stage Of the tax pro-
ceedings to question the validity or
propriety Of the assessment or the
amount of the tax to be levied there
under"
The effect of the decision will be to
restore the old system Of taxing the
power companies. unless the decision
is upset In an appeal to the U. 8. Su-
preme court considered very tmprob-
able by Fargo attorneys who have read
the opinion.
Six separate actions brought by var
ious power companies affected were
consolidated III the one trial. The
plaintiffs were:
Ottertail power Co., North Dakota
Power & Light Co., Central East Pub
lie Service Co., Of North Dakota.
Northern Power & Light Co., Montana
Dakota Power Co., Northern States
Power Co.
Bismarck and Mandan attorneys
received word Of the ruling late Mon
day. Interested In the case were
Zuger and Tillotson, O'Hare, Cox and
Cox and Sullivan, Fleck and Sullivan
of Mandan.
The Bismarck tribune., 1934-10-30
Witnesses in Liquor
Case Fixing Missing

Minneapolis. Oct. 3o.-R-Ihe key
witness cnuld not be located and one
other was missing as the Heuneptn
county grand jury opened an investi-
CATION Tuesday into the story Of .
man who Is alleged to have offered
to 'fix'' liquor cases with the police
department. Tor 500 . case.
The grand jury took up an investi-
cation at the request Of Mayor A. q.
cambridge and Chief Of Police N. J.
Johannes.
Subpoenas were Issued Tuesday for
l3 men. Deputy sheriffs reported
they were unable to locate two Of the
witnesses, william Butler. owner Of 2
pharmacy. and Arthur Kasherman. .
toguaez puhlishsE.
The Bismarck tribune., 1934-10-30
State Gets $107,345
From Cigarette Tax

North Dakota has received $l07 ,345
from its cigarette tax since July Of this
year, State Treasurer Alfred 8. Dale
announced Tuesday.
The amount represented an increase
over the same period In 1888. when
3o4.S85 was collected from the tax.
Dale looked for 200 more licenses to
be issued to new firms during the year.
The figure represents 2,347 licenses.
u more than last year
The Bismarck tribune., 1934-10-30
APPROVAL sought
FOR RIVER JEITY
Missouri's Banks Must 81
Strengthened Before Con-
struction Of Island Camp

Approval Of plans to riprap and
construct q jetty along the left bank
Ct the Missouri river to strengthen
the bank for one-halH mile bordering
Sibley island Is sought by FEfsA and
city officials preparatory to the con.
struction Of . transient camp upon
the island.
Establishment Of the transient col
ony depends upon approval Of the pro.
posed re-enforcements by war depart
,, ment engineers ct Omaha, Neb., Ny
ron Atkinson, city suditor said Tues
I day.
|. Navigation interests and Official.
Of any city or association that may
! be affected by the proposed project
are invited to submit written argu.
ments pro or con on or before Nov
ember to J. N. Young. Captain
corps Of engineers, Omaha, Neb.
The plans submitted BY the city
!. show the proposed work to consist oi
hone half mile Of rprapping and thu
RECONSTRUCTION Of one jetty. The rip.
arapping is to be constructed Of stand.
5hrd willow mattress ballasted with
one -man stone on Z graded hank o.
VI one to three slope. The jetty Is tt
4 be constructed Of timber piles.
The Bismarck tribune., 1934-10-30
British Parliament
Ends Summer Recess

London, Oct. 3O-(F-Parliament
reassembled after the summer recess
Tuesday with q full attendance in the
house Of commons.
The opening was merely the re-
sumption Of the old parliament. The
new session IS expected to open on
Nov. 20 with the speech from the
throne.
Prime Minister J. Ramsay Mac Don
aid told the house Of commons that
the government would set aside day
during the present session for the dis
cussion of ornaments business. It was
understood the labor party intended
to fight toward the elimination Of for
eign trade in armaments.
The Bismarck tribune., 1934-10-30
RIVER DIVERSION
SUBSTITUTE sought
BY WATER EXPERTS
Board Authority Finds Garrison
Project Inadequate, Fav-
ors Small Dams

Washington, Oct. 3O-(P)-Appar-
emily convinced that the $4,000, 600
the government has been asked to
put into a water division project IN
North Dakota would not net COM
mensurate return in relief to the
state, government experts cast about
Tuesday for a substitute.
Maurice L. Cooke, water authority
of the nationa. resources board, IN
formed the office Of Rep. Lemke
(Rep.. N. d.. that President Roose-
velt had asked the board to make q
thorough study of the North Dakota
water problem with view Of insuring
a more uniform water supply.
Spurred on by unprecedented condi-
tions in the state during the past
year, the board will attempt to get all
possible information on the subject,
Cooke said. Cooke indicated to the
Associated Press last week that such
a study was contemplated but declined
to divulge details.
Lemke's office said Cooke had ex-
pressed the opinion, previously voiced
by public works officials, that the
Missouri diversion project would not
accomplish one-tenth OF the results
claimed by its proponents. Cooke In
formed Lemkes secretary the cost OF
filling Devils Lake and maintaining
the water level would be practically
prohibitive.
Fayors Small Dams
The diversion project, long advocat-
ed by q midwest association and con-
gressional representatives OF affected
states. called for construction OF
Continued on Page 81
The Bismarck tribune., 1934-10-30
REGULATORY CHIEF
CHALLENGES AUDIT
Papke Says Figures Of Deputy
Auditor Erroneous; Asks
Retraction

Sidney A. Papke. regulatory depart
ment chief. Tuesday challenged ac-
curacy of claims by Deputy State Au-
ditor John kyngstad that the depart
ment collected only $l,070 in August
of this year.
"Lyngstad was very careful not to
make the statement in the form Of an
affidavit Papke said. why he did
not is something which he perhaps
can best answer. I challenge Lying
stad or anyone else to make that
statement in the form Of an affidavit
and prove it to be true and accurate
statement Of fact.
THE fact is the regulatory depart
ment collected in the month Of Aug
ust this year the sum of 1880, which
was balanced by a Mr.. Rudser, an
employee of the state auditor, on Oct
ober 3. Likewise We find that Lying
stad is again in error when he says
in his statement that the expenses
Of the department for August were
$l8,796.
Again, We find that Mr.. Rudser
checked the expense for this month
with the auditor for the regulatory
department and found that the total
expenditures for August were ST.
1o7.''
Papke pointed out that he took over
the department July 80, and that q
number Of expenses prior to his TAX
ing over the division had been &C.
Notwithstanding $4,868.
Showed S5,422 Profit
Total expense for the present ad-
ministration for the month Of Aug
ust, 1894, thus became $l2,238. as
against collections Of more than ST.
900.
I'm other words, instead of the
charge made that We have spent $la
for every dollar collected in August
we find that q profit Of $5.422 was
made in this month"
"Lyngstad either has erred or the
statement smacks Of political trick
cry. The answer can best be made
by Lyngstad, who has held high
position in the office Of the state au-
ditor for a number Of years. ] am
sure that he would not purposely dis
tort the facts. Therefore, ! trust tina,
upon investigation Of the facts he will
retract the statement he has issued.
Other "errors" claimed by Papke
were In the claims by Lyngstad that
the department under the former ad.
ministration collected 435, $50, With
expenses Of $l3.991.
(Continued Uh Page Six)
The Bismarck tribune., 1934-10-30
Big Packing Plant Is Ready to Commence
Business Here; Was Built by Local Mar
cussners Announce Develop.
ment Which Will Increase
BismarCk'S Trade Area
IS LONG STRIDE FORWARD
Business Founded 81 Years Acc
Expands AZ Son Follows
in Fathers Path

Bismarck, which long has
wanted a meat packing plant,
now has one.
It is ready to kill 100 cattle
and 80 hogs daily and to pre-
pare the meat for market.
From it can be supplied not
only the wants Of local BUTCH
ers but Of those in the sur
rounding. territory. The capac-
ity can be increased to 200 cat
tie by adding an extra shift.
The result should be increas-
ed business for every Bismarck
merchant; assurance of en-
ployment for more local people
widening of Bismarck's trad
ing area.
It should result in increased
profits to the butcher at the
same time it reduces the cost
of meat to the local consumer.
Such a thing is possible un-
der the improved distribution
system which the new packing
plant brings into being.
The history Of Bismarck's packing
plant begins 81 years ago when
George 0ussuer, pioneer meat mer-
chant, went into the meat business
to supply the local market. Even
tually there came into being on the
Fort Lincoln road southeast Of the
city, what was known as 0ussner's 8
slaughter house. A modest plant. It
served its purpose well:
Som Succeeded Father
When George 0ussner retired from
bu1iness his son, A. w. 0ussner, be-
gan where he left Oft. From time 70
time additions were made to the prop
erty near Fort Lincoln on what now
Is called the airport road.
Finally. during the last summer,
the place was enlarged and additional
CONTINUED on Page TWo)
The Bismarck tribune., 1934-10-30
ACCIDENTAL shot
KILLED ALLDRETY
Boys Conducted Story Of Bullet
From Car to Cover Up
Taking Rifle

Fatal injuries received by Clifford
Alldrett, "A, Of Solen, In q hunting
mishap Sunday resulted from acci-
dental discharge Of the boys rifle al
he sought 20 dodge an automobile on
tie road on which he was walking
home, it was revealed Tuesday at
coroner's inquest.
Clifford's companion. Leroy Berrier
repudiated story he tcld previously
that the bullet was fired from pass
Ing car. Before he succumbed to his
injuries, Clifford also claimed the
wound was inflicted by shot from
the automobile.
Leroy, at Tuesdays inquest, ex-
planned that after Clifford was
wounded, the two concocted the
story that the bullet was fired from
an automobile. This was decided on
Leroy said, to "cover up" the fact
that they had taken rifle which
Berrier's parents had forbidden him
from using.
Powder burns on Cli.ford's CLOTH
Ing suhstaatiated Leroy.s story that
the Tl1Ie ul6cuar8eQ dS CA14OIQ ue1u
i: close to him. Leroy was walking
ahead Of the other boy when the
accident occurred. As an automobile
approached, Clifford sought to get
out Of its path, and in doing 50 the
rifle accidentally discharged.
The rifle was taken from the Ber-
r.er home while the boys parents
were absent.
The inquest was held before Jus
tice Of the Peace Leon G. Noel, act
ing as coroner. The Berrier boy made
statement Of the details Of the &C.
cident to Irving Koths. Sioux county
states attorney.
After the accident, Leroy said
Clifford told me that II anybody
asked to say that somebody Ii the
car shot him."
Clifford had made his home with
the Berriers the last two years. Hi
father Is q sheep herder nea: Solen
His mother Is In Los Angeles.
Funeral services will be held from
the Methodist church at Mandan .:
p. m. Thursday.
The Bismarck tribune., 1934-10-30
Barnes Republicans
Repudiate Langerites

Valley City, N. D.. Oct. 3O.-tA9-
The Barnes county Republican exec
utive committee. at q meeting here
Monday, repudiated the candidacy OF
Mrs. Lydia LANCER, and the entire
state Republican ticket. end urge
support of Thomas Noodle for gov
ernor and the state Democratic
ticket.
The committee said that the re-
pudiation Of the Republicans was be-
ing made because Of their "rankest
kind Of politics"
The committee pledged support to
Congressman J. H. Sinclair. running
for reelection as an independent can
didate, and to W. J. Nuessle, g. a.
Burr and James Morris, candidates
for the state supysme court.
The Bismarck tribune., 1934-10-30
Fort Peck Project
Contracts Are Let

Washington, Oct. 30.-F)-The war
department announced Tuesday award
of three contracts totaling approx
mately 100000 for construction
work and supplies for the Fort Peck
dam project in Montana.
Martin Zunderlich, Jefferson City
Mo-, was awarded q contract for con-
struction OF q spillway for $l,l68, ,l20.
The Three Forks Portland Cement
Co., Denver, Colo, was awarded a
$550,750 contract for furnishing
cement for the dam, and the Univer-
sal Atlas Cement Co., Chicago. was
awarded another cement contract for
$373,560.
The Bismarck tribune., 1934-10-30
WORKERS ORGANIZE
DEMOCRATIC LABOR
CLUB IN BISMARCK
Express Widespread Indigna-
ton Against Candidates
on LANCER Ticket

Labor leaders, craftsmen and com.
mon laborers Of this city united un-
der the Democratic political banner
last week with the formation Of q
Noodle e-for Governor club pledgins
support to the Democratic ticket IN
the fall election.
"The organization IS the result Of
widespread indignation and resent
ment on the part Of workers all over
the state against candidates for pub
lie office on the LANCER ticket" said
. labor leader who has been promi-
nent In the organization work.
Charging that LANCER payrollers In
small groups passed resolutions, writ
ten for them In Republican campaign
headquarters. that gave the impress
sion that those resolutions were the
sentiments Of larger groups Of work
ing people, the labor club said that
neither the railroad nor the Ameri-
can Federation Of Labor organiza-
tions have gone on record IN support
Of Langerism.
Labor organization leaders pointed
out that nowhere In the LANCER plat
form viii be found any mention Of
labor or workers. They challenged
the LANCER administration to point
to q single accomplishment In behalf
Of workers the last two years.
Back Democratic Platform
Applauding the Democratic plat
form for its support Of better old age
pensions, national unemployment In
surance, civil service for public en-
ployes and recognition Of the work
ers' right to organize and bargain col
lectively, the labor club recommend
ed the platform to every working
man and woman In the state"
A plea was made for united labor
support Of the Democratic ticket With
special mention Of Noodles qualift-
cations for the governors office and
Otto Klindworth'S candidacy for COM
missioner Of agriculture, as the man
best fitted to coordinate the work Of
the state labor department with that
Of the federal department In rehabtl-
tation work.
tom Noodle Is q man who haa
worked with and still carries MEM
bership II legitimate labor organiza-
tions and who viii, II elected. do more
constructive work In behalf Of the
working people than whole football
team Of Langerites." the resolutions
said.
The Bismarck tribune., 1934-10-30

Pictured packing
heads Of the business
prime mover in the enterprise
view Of the packing plant building
At the top right Paul Gusn associated with his father in the ous
the with
cattle the right well their market
At the left center view OF the storage the door at the
which will
low
partment.
The scene the killing
dressed and placed overhead rails for
the right foreground
TALLY skinned the picture taken
the right Robert GussneT another son associated With his
father the
The Bismarck tribune., 1934-10-30
BOARD STRIVES TO
|SAVE PRESIDENTS
| truce FROM Smash
!. ( P. Stores Declare They
viii Not Return to CIeve.
land, Ohio
IoTHER LABOR SORES LOOM
Charge A. T. Of 1. With cosr-
cion; Green Says He Will
Cooperate

Warrington, oct. 3o.-R-A stren-
suous effort to save President Roose-
tvelt,s industrial truce from going to
smash started Tuesday.
4 The national relations board drop
ped everything to confer with both
hides In the row involving the great
Atlantic Il Pacific Tea CO., In Cleve-
hand. Other agencies kept sharp
watch on half . dozen industrial
sore spots.
The controversy that led the A. d
p. to close its 800 stores in Cleveland,
gthrowing more than 1000 persons
out Of work. promptly gave the labor
board one Of its hardest nuts to
crack.
As company officials and labor
leaders gathered here for Tuesdays
conference, word went out that the
giant grocery concern has no inten-
ton ever to return to Cleveland.
John A. Hartford, president, was
quoted as saying In New York that
the concern, with an investment Of
42,500.000 In Cleveland, never would
60 back.
Charge A. 7. u L. Coercion
The company complaint Is that the
A. r. OF L. demanded 100 per cent
unionization and used coercion. Union
leaders accuse the company Of CO.
ercion and violating the collective
bargaining provisions Of the indus
trial recovery oct.
"What else could We do?" Hartford
asked, In explaining the companys
move. The last week they (the
stores) weren't getting their supplies.
The police gave no protection. We
had our choice. We could have i'm
ported . lot Of gunner and guarded
our own trucks and stores. That
would have meant riot and blood
shed. We decided to close up the
business and get out"
President william Green said the
American Federation Of Labor was
helping the Cleveland unions "in every
way possible" In their dispute with the
Great Atlantic and Pacific Tea Co
He declined, however. 70 answer asdi.
rect question as to whether he thought
. the unions demand for 100 per cent
Authorization was In line with pro-
cedurs under Section Ia Of the re-
covery act.
Green described the Cleveland
unions procedure as novel" way
Of protecting the rights Of workers ia
join the unions II they desired to do
so. He reiterated accusations that
the company discharged and discrim-
mated against workers who joined the
unions.
The Cleveland labor leaders saw
Green Immediately on their arrival
here.
Five Pressing Problems
Other pressing problems anxiously
watched by government were:
l. The code for the Giant auto
mobile industry expires Saturday
The A. +. Of I. driving to organize
the industry. seeks to have the code
amended to provide higher pay, 30
hour week and representation on the
code authority for auto workers.
2. Strike threats hung over the
textile labor board as it drove TO in
Continued On Page Sfx)
The Bismarck tribune., 1934-10-30
GAME TOO REALISTIC

Louisville, KY That parlor game
murder" took on Q realistic aspect
ct one social gathering when the
woman chosen to act the victim" wa
found. when the lights were turned
on, lying on the floor with = bloody
face. It developed that the murder
er." In his haste to get away, stepped
onsher.
The Bismarck tribune., 1934-10-30
State Beer License .
Fees Total $4,000

Wholesale and retail beer license
applications are coming In ct the rate
Of $4,000 per day. Sidney A. Papke.
head Of the state regulatory depart
ment, said today. A total Of $4,000
In both types Of licenses has been
collected to date, Pspke said.
The Bismarck tribune., 1934-10-30
FIRE WIPES OUT FAMILY

East Liverpool, O.. Oct. 30.-(R)-
A father, his four children and .
housekeeper were burned to death
before daybreak Tuesday when fire
destroyed . five-room shack on the
outSxirts Of the city.
The Bismarck tribune., 1934-10-30
The Weather

Generally fair tonight and Wednes.
day; little change IN temperature.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-02-21
10000 AWAITED
AT CLEVELAND
SCHOOL FARLEY
Vocation Group Is First of
National Educators
to Convene.

~ HfffN fffFf
CLEVELAND, Feb. 21-The van
guard Of 10000 educators from all
parts Of the nation arrived in
Cleveland today for conventions
which viii continue until March 3.
First Of the conferences began
today when members Of the Ma
tional Vocational Guidance Associa-
ton met in Hotel Cleveland for
sessions continuing through Sat
urdav
Other OrganiZat tons which will
meet Jointly with the association.
as well as hold their own group dis
cussions. are the American College
Personnel Association, National As
ISOLATION Of Deans Of Women. Ma
tiOnal Association Of Principals Of
Schools for Girls. Teachers College
Personnel Association, Personnel
Research Federation. Southern
Womens Educational Alliance. and
the National Federation of Bureaus
Of Occupation
The National Council Of Teachers
OF Mathematics meets Friday and
Saturday. the National Council on
Social Studies meets Saturday and
Sunday.
The fve-day convention of the
department Of superintendent Of
the National Education Association,
which is expected to bring an at
tendance Of 10000, begins Sunday
with meetings in the public audi
tOTiun.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-02-21
THE INDIANAPOLIS TIMES
PROGRAM FOR
DEFENSE RALLY
is COMPLETED
Church Leaders and Gov
ernor to Join in Affair,
Chairman Reveals.

Program for the national defense
rally to be held at 1890 tomorrow
Washingtons birthday, eliminating
the observance of national defense
movement throughout the state,
was completed today, it was an
nounced by Major j. H. Davidson.
Principal speakers on the pro-
gram, at English's. will be Governor
Paul v. McNutt, Bishop Joseph E.
Ritter, Rabbi Morris M. Feuerlicht,
Colonel o. P. Robinson. Eleventh
infantry commander; Attorney AL
bert Stump and V. M. Armstrong,
American Legion state commander.
Colonel Robert l., Moorhead, In
diana Reserve officers Association
president, will give the introduce
tory remarks, and DR.. Jean S. Mil
ner, Second Presbyterian church,
will give the benediction.
The program will open with Sc
lectionS by the Eleventh Infantry
band, Warrant Officer Frank A.
Bowen conducting, from u to 1880,
and a demonstration by American
Legion women'S auxiliary drum corps
on the Circle at the same hour.
The Murat Chanters, Shrine male
quartet and chorus, will present
several selections.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-02-21
JUDGES NAMED
FOR ART SHOW
Two Prominent Artists to
0ffiCiate at Indiana
Exhibition.

Clyde Burroughs, curator of
American art of the Detroit museum
and Charles Burchfeld. painter
have been selected as judges for
the tWenty-seventh annual exhibit
ton of works by Indiana artists to
be held at the John Heron Art
institute during March.
Through a newly adopted meth
cd of judging. each juryman will
make his selection without consult
ing the other, and whatever either
man selects will be exhibited, it was
announced.
Mr. Burroughs has studied at the
Detroit Museum of Art and in Eu-
rope. In 1901 he was added to the
staff Of the Detroit museum and
since 1913 has acted as secretary
and curator of American art. He is
head of the executive board of the
Community Art Council Of Detroit
Mr.. Burchfield attended the Cleve-
land School of Art. Since 1927 he
has been representative in the
Carnegie International The REIN
galleries in New York are exhib-
iting his water COlOrs.