davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
JQnsOnius Decision in
Noodle Injunction, Case

II feel that immediate decision should be this
that the matter speedily brought before the
for final adjudication.
so this hearing concerned authorized to
upon the eligibility OF Thomas Noodle for the office Of OF
North Dakota and opinion that question But
Stunning that he Is neeble the question is May this court en
the secretary of state issuing certificate election?
"A certificate Of election read the law simply decara
ton the canvasng boards candidate received
the number election qualification
eligibility Of the candidate passed considered by the
state the certificate according
thores understand candidate advantage
the certificate II he eligible the office
limited carefully
decisions that notice. and those authorities
eligibility public office
after election proceeding brought
pose, to which the officer is party.
Corpus Juris states the law follows:
Election officers will not be enjoined from certificate
election successful candidate fact that there
election sufficient vate It, that the election
held void statute affect the operation Of this rule
right hold office cannot be tried suit enon certa
election the remedy being quo warranto'
1T opinion that the temporary injunction heretofore issued
that this with
jurisdiction in the matter
plaintiff appeal from this ruling to the
given sufficient before the temporary
injunction is vacated.
order vacatng setting aside the tenn
injunction with provision however that Of
ceedg had enable the plaintiff to perfect
appeal"
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
1 THEATERS PARTLY
WRECKED BY bombs
Explosions In New England Cit
les Early Wednesday Morn
ing Being Studied

Boston, Dec. 12-(R)-Explosions
ripped out the interiors Of four NOV
ing picture theaters early Wednesday
and sent the squads Of three South
ern New England police departments
INTO action.
The theaters, which police belive
were wrecked by planted bombs, were:
The Majestic and fremont. In down.
town Boston: The Capitol, in Paw
taucket, r. l.. and The Capitol. in
Lynn. Mass.
Shortly after 1 o'clock wednesday
morning m explosion ct The Capitol
'Theater, Pawtucket, r. l.. wrecked
the concrete projection booth and tore
great chunks from the walls and cell
ing Of the auditorium.
A half hour later the front Of The
fremont Theatre. In the center Of
Eostou;s downtown shopping area. was
blown out. Then, the lounge Of the
Majestic Theatre, almost diagonally
across fremont st.. was wrecked.
Just before .. m. Z dull roar came
from the interior Of the Capitol The
ater, In Lynn, Mass.. and investigating
officers found the basement rest
rooms torn apart.
Deputy Fire Chief william p. Con-
Motley Of Pawtucket said there was
no doubt but what bomb had caused
the blast there.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
Will Spend $4,000
On P0stOffice Here

Information that $4,000 has been
allotted by. the government for the
extension and remodeling Of Bis
marck's postoffice building was re-
ceived here Wednesday-but no one
was quite sure what the money would
be used for.
Harry Larson, assistant postmas-
ter. said application had been made
for construction Of an enclosed load
ing platform, to take the place Of the
one now in use, which Is too small,
but could not imagine that q large
sum would be needed for this pur-
pose unless the platform were to be
built Of stone similar to that used In
the rest Of the building. Applica-
ton also had been made. he said, for
money to repair the floors in the
upper stories Of the building.
Decision as to what will be done.
he said. was made In Warrington, the
application for extensions and repair
listing merely the sire Of the struc-
ture and the material Of which 1t Is
built. Architectural details, he said.
alos are determined by the postoffice
department In Washington.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
Beach Aviators Plan
Memorial Celebration

Beach. N. D.. Dec. 12.-Aviators
here are making extensive prepara-
lions for = memorial celebration.
Monday. Dec. II, In commemorotion
Of the first airplane flight by the
Wright Brothers 1t Kitty Hawk.
Five local planes win take to the
air ct 1880 Z. m. for = formation
flight. At one p. m.. the same planes
viii fly IN . squadron to neighboring
cities. Aerial exhibitions by Z visit
ing aviator. free rides, air-races and
. delayed parachute Jump are other
features planned for the memorial
program.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12

Murphys Have Field
Day in Local Court

The Murphys had . gala day In
Burleigh county district court
Tuesday.
The case involved the right Of
Thomas H. Noodle to take office
Is governor and was heard by
Judge Fred Jansonius, neither OF
them Irish.
But most Of the talking was
done BY the Celts, who held heavy
majorities on both sides Of the
counsel table.
Leading the battle were four
Murphys from three different
families.
Heading Noodles battery Of At
torneys were N. w. Murphy Of
Fargo. = Brick House" lrishman
and 9. J. Murphy Of Grand Forks,
Z Board House" son Of Old Erin.
Opposing them was Francis
Murphy Of Fargo and his son
Thomas, classification . to type
Of residence not stated.
Associated With Father and Son
Murphy WAS Alvin G. Struts, who
lent q 0ermanic touch to the
compliments and backing
Brick House" Murphy and
"Board-House" Murphy were John
+. Sullivan Of Mandau and W. D.
Lynch Of La1loure, whose names
bespeak their ancestry. John
Moses Of Haxen added the Norwe-
gian flavor 70 the legal potpourri
and N. A. Hildreth Of Fargo con-
trtbuted . bit OF Yankee spice.
But the Murphys did Ill the
talking, except for the comments
Of the Judge and . brief address
by Col. Hildreth. i WAS . red let
ter day for them.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
Hospital Children
To Have Fine Trees

Children in Bismarck's two hospi-
tails will have q Merry Christmas II
the city's florists can supply one.
Announcement was made Wednes-
day that five beautiful trees had been
set aside for st. Alexius hospital and
four for the Bismarck hospital Is
part Of q national effort to spread
Christmas cheer under the direction
OF the Florists Telegraph Delivery
service, which has 5000 members IN
the United States and Canada.
The work in Bismarck Is In charge
Of . committee. consisting Of r. w.
Lumry Of the Oscar II. VIII Co.. and
p. J. Meyer Of Hoskins-Neyer.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
OF WENZEL
TO FORMER JOB IS
AIM OF court MOVE
Attorney for oustsd Official
Asserts Removal Order
Was illegal

Effort to restore r. E. Wenzel to the
post Of Workmen's Compensation Bu-
reau commissioner, from which he was
oslsted by William LANCER. then gov
ernor, on January ~, 1884, was begun
Wadnesday in Burleish County dist.
riot court.
The action is one to have the dis
trict court review the legality Of the
order removing Wenzel from office.
George r. 8hafer, Wenzels attorney,
contends that 1t did not comply with
the law since it did not find Wenzel
guilty Of any specific act or specific
omission to act Of such nature as to
justify his removal under the statute
permitting the governor to remove
him.
Hearing in the matter was set for
Dec. II before Judge H. L. Berry of
Mandan, who already has issued an
order to show cause why writ Of
certiorari, permitting the court to re-
view the case, should not be issued.
The order was served Wednesday on
LANCER, named with Governor @. II.
Olson as defendants in the case. The
two men were joined as defendants
in order to eliminate any question as
to who the defendant should be.
Unless cause Is shown at the time
specified as to why the case should
not be reviewed, the defendants will
be required to produce In court the
record of the hearing which was held
before T. J. Clifford, named by LANCER
as commissioner, and upon which
LANCER presumably based his removal
order.
AS q matter of fact, 1t was disclosed,
the record already is In the district
court, having been placed there in
connection with other legal phases OF
the hard-fought removal case, and
the gesture Of requiring that 1t be
is made merely to comply
with legal technicalities.
II, as counsel for Wenzel contends,
the removal order is legally ineffec-
tive because 1t failed to comply with
the law, Wenzel will be restored to
office and will draw pay for the time
he was out Of office.
It IS not expected that he will re-
turn here to resume the duties OF
compensation commissioner even II re-
instated, since he now Is employed In
the MIRA offices in Chicago and the
term to which he was appointed will
expire next January II. At that time
the incoming governor presumably
will appoint q new incumbent and both
Wenzel and P. M. Weisbeck Of En-
mons county, appointed by LANCER
to succeed him, will lose all claim to
the office.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
SEEKS ADVICE OF
BARUCH, Johnson
FOR LEGISLATION
Points Out Inequalities in War;
time Wages Resulting in
Bonus Agitation
TO STUDY HUMAN ANGLES
General Douglas Macarthur Re-
appointed Temporarily AZ
Chief Of Staff
TO STUDY HUMAN ANGLES
BULLETIN


Washington. Dec. 12.-tReA COM
mittee headed by Bernard M. Baruct
Of New York, chairman Of the val
industries board during the World
war, WAS named wednesday BY Presi-
dent Roosevelt to formulate . pro-
gram TO take the profits out Of
war"
Washington, Dec. l2.-(R)-Enact-
ment Of legislation intended 70 take
the profit out Of war Is planned for
this session Of congress by President
Roosevelt.
He made known ct his semi-weekly
press conference that he had called
. meeting for wednesday afternoon
to discuss . program with Bernard
Baruch, World war chairman Of the
war industries board: Hugh 8. John
son, former MIRA administrator and
Baruch's wartime assistant, and high
government officials.
At the same time, the president d.
rected that General Douglas MacAr-
thur be reappointed temporarily q
army chief Of staff to aid In formu-
lating the legislation.
President Roosevelt emphasized he
hoped q war never would come again
and that he was taking up the ques-
ton now because he said there wa
no war cloud on the horizon.
In addition TO the financial side
Mr.. Roosevelt wants TO give deeper
consideration 70 the personnel phase
and the economic angles.
He believes that Is = result Of the
hurried organisation Of the govern
ment for the World war, maladjust-
ments resulted which had deep
bearing on American life In the post
war period.
FOR instance. Mr.. Roosevelt said,
there were reproduction. enormous
personal profits, and Z complete lack
Of coordination In the economic sys-
tenn.
Sees Human Inequalities
Likewise, he asserted, there was IN
unequal mobilization Of human be-
ings, resulting In the present dispute
over the bonus.
He called attention that boys who
fought In the trenches got . dollar
. day while boys who worked In mu-
nitions factories received % and 90
. day.
Thus the demand for the bonus
arose, he said.
Others who viii meet with the
president include Secretaries Hull,
Morgenthau, Dern, Swanson, Perkins
and Wallace: Assistant Secretary
Roosevelt of the navy: General Mac
Arthur: Joseph B. Eastman. railway
coordinator, and George Peek, foreign
trade advisor.
Mr.. Roosevelt said he considered
Barllch and johnson two Of the best
authorities on the economic side Of
war problems. Apparently they have
been working on . program TO cor.
rect the evils and mistakes Of the
United States In the World war.
Upon completion Of the program,
CONTINUED ca Hage ~
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
Money and Dolls
Donated to Needy

One additional gift Of money
and contribution Of 20 new dolls
was announced Wednesday by the
American Legion's open Your
Heart" committee, In charge Of
the distribution Of Christmas
cheer In Burleigh county.
The money gift Of y came from
Mrs. Nora j. Cochran and the
dolls were donated by the auxili-
airy TO the Bismarck typographical
union.
Meanwhile, donations Of used
clothing. discarded or broken fur
niture and other items continue
to come in at an increasing pace.
according to r. r. Nelson, chair
man Of the veterans committee in
charge.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
STATISTICS SHOW
RECOVERY INROADS
LARGEST since 81
Years Totals in Most Lines Re.
veal Substantial Advances
Over 1893
Copyright, 1884, by The Associated

Copyright, 1884, by The Associated
Press)
New York, Dec. l2.-(P,-Statisti-
clans calculating the progress Of busi-
ness recovery find that In most re-
spects 1894 was the best year since
1881, in some the best since 1880.
In the final month Of the year. in
dustrial production seems In the ag-
gregate to be close to where it was
at this time last year. The years
totals in most lines, however, show
substantial gains over 1888. That Is
due in part, Of course. to the ex-
tremely low levels to which business
fell in the early months Of 1888, CO.
incident with the banking crisis.
The following table shows steel
production in millions Of tons, freight
car loadings in millions Of cars, au-
tomobile production in millions Of
units, and building contracts let in
the 81 states east Of the Rockies, in
millions of dollars, with the last few
weeks ~ 1924 estimated:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
GREEN PROPOSES
TAX ON PAYR0LLS
TO FINANCE DOLE
New dications Seen Of Fight
/ n Congress Over Old Ags
Pensions Bill

Warrington, Dec. 12.-(ReUnion
labor's Legislative drive for 1885 op-
ened wednesday with . proposal BY
william Green that unemployment
insurance be financed wholly by .
five per cent tax on payrolb.
Opposing any direct levy on work
ers, the president Of the American
Federation Of Labor said they would
pay most Of the cost anyway. En-.
ployers add their cost to prices and
employees buy 85 per cent Of all
goods, he said. II workers shared the
direct cost Of insurance, he added,
they would be paying twice.
The labor chief made his proposals
In 4 message to Ill A. +. Of L. unions.
Congressional supporters Of an
other measure that has A. =. OF L.
backing-the 30-hour week-prepared
to attempt to pass It quickly In the
next congress, though high officials
In the Roosevelt administration have
shown signs Of opposition.
Chairman william r. Connery ID
Mass.), Of the house labor committee.
has reported to colleagues that senti-
ment for the measure Is . means Of
reducing unemployment Is growing.
Backing Connery Is Senator Black
D-Ala.), co-author Of the measure
which was sidetracked in 1883.
Meantime agitation for some form
Of government protection against the
viclesitudes Of old age gained mo-
mentum within and outside the ad-
ministratiou.
New indications that old age PEN
sions would be debated by the next
congress whether President Rcose-
welt recommends II Of not, were seen.
Among Developments were these:
]. Rep. Keller (D-nl) mailed let
ters to the - governors asking sug.
sessions for IN old age pension Law
which he win propose.
2. President Roosevelt,s committee
on economic security wound up It's
survey Of schemes for such pensions
and related subjects. It viii report
recommendations to the president
3. DR.. r. E. Townsend, California,
author Of an "old age revolving PEN
sion PLAN" was here to set up head
quarters and push hts proposal. He
claimed wide support for the plan,
under which q universal sales tax
would be levied to finance pensions
Of 600 monthly to about 5000 900
persons over so. Dr.. Edwin Witte.
chairman Of the committee on eco
nomic security, called this "finan-
cially impossible"
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
To Keep Stores Open
4 Evenings Next Week

Stores In Bismarck will remain
open evenings to give Christmas
shoppers added time In which to Sc
lect their gifts from Wednesday, Dec.
10, to Saturday. Dec. a, inclusive. 1t
was announced Wednesday by the
Chamber Of Commerce. Merchants
will cooperate by keeping their stores
open until 3 o'clock for those four
evenings. Stores will be closed on
Christmas eve, however.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12

Perhaps the most striking gains Tor
1884 have been made in sales Of con-
sumption goods and even in semi
luxury products. This has been in
no small measure, business analysts
say. attributable to the restoration Of
farm purchasing power, as result OF
higher prices, and government boz
muses. and benefits.
Even the steel industry appears to
have appropriated and perhaps
slirhtly bettered 1875 output.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
WALLACE DEFENDS
AAA AS ADJUSTING
SUPPLY TO DEMAND
Farm Program One Of 'Econo-
mic Democracy Aimed at
Balanced Abundance
EMPHASIZES CONTROL NEED
Sees Restoration OF industrial
Purchasing Power Next
Step Necessary s

washington, Dec. 12.-(R-secre-
tary Wallace defended the agricul.
tural adjustment program Wednes-
day In his annual report to President
Roosevelt as one Of economic DEM
ocracy" aimed at balanced abund-
ance."
His report dealt principally with
the work Of the adjustment admin
istration prior to June 30. scientific
work Of the department Of agricul-
ture, and emergency activities car
ried out during the year in coopora-
ton with other government organ
i1ations. Emphasis was placed In 1t
on tho fundamental philosophy be-
hind present activities, particularly
those Of adjusting farm supply to de-
mand.
II restriction Of farm production
conflicts with democracy It should be
abandoned, he admitted, but mans
right to live transcends all other con-
siderations. In the present state Of
the nation, we must enlarge our idea
Of democracy, or risk losing what
democracy We have.
"A purely political democracy
would not survive . complete econ
omic breakdown In the United States
any more successfully than 1t has
done elsewhere"
Farmers were united behind pas
sage Of the adjustment act, the Sec
rotary declared, and still are sup
porting and participating In its func-
tions through county associations.
There Is worse danger to democracy
than the extension Of democratic
principles to farming"
Control Necessary
Wallace reiterated his dislike for
reducing farm output and said re-
auctions to meet loss Of foreign mar
kets and SURPRISES Of 1888 were ''only
. very partial and paradoxical answer
in the long run to the crying need
which is briefly expressed in the
phrase balanced abundance
One path to this goal Is the restor-
alton Of industrial purchasing power
to the end that consumers may be
able to pay higher prices for higher
consumption OF farm products.
The problem Of the farmers now
lis to retain fair and reasonable
profits without falling into the pit Of
scarcity economics" he said In
warning against such q course.
Production control, he added, cam
not be judged solely by the amount
by which the spread between actual
and parity" prices Is narrowed. Since
there are many costs, human as
well rs monetary, social as well as
economic"
Among such costs he mentioned
social discipline" sometimes called
"regimentation;;" denial OF future op-
portunities to farm to some individ-
uals and the necessity for taking
care Of them In other occupations:
competitive elimination Of men and
acres: displacement Of crops when
land Is converted from one use to
another: and adjustments in farm
practices AMI capital structures.
Compared with such intangibles. the
money costs Of farm adjustment are
secondary" he declared.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
GREAT FALLs yICAR DIES

Rochester, MIMI. Dec. l2.-R-
Monsignoe n. T. OBrien Of Great
Fails. Mont, died late Tuesday In st.
Mays hospital here. whore he had
been . patient since being operated
on two weeks ago. He was q years
old. Monsignor O'Brien had suffered
from . variety Of ailments.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
4 CCC BOYS DIE IN FIRE

Norris, Tenn, DEC. I1.-HrFHe
which broke out In ten-degree wealth
Ter 1T the Clear Greek CCC camp near
Norris Dam early Wednesday burn
ed three CCC boys to death, swept
through the camp and left over 200
others shivering In their night
clothes.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
FARGO WOMAN DIES

Fargo, n. D., Dec. l2-R-Mrs. 4
NJ. Limhurg. wife q Or. A. NJ. Linz
burg. Fargo. died Tuesday. They
were married ct Bowbells. n. D.. In
1904 end had resided Ia Fargo stnce
1903,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
RAII. EXECUTIYE SUCCUMBS

Minneapolis, Dec. 12.-tR9Wtuam
Hepburn Bremner, IS, receiver for
the Minneapolis & st. Louis railroad
and former president Of the road.
died at his home hete Tuesday night.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
CASS GETS NO BIDS

Fargo, n. D., Dec. l2.-lR-CasS
county received no bids for delin-
quent taxes Tuesday. officials declar-
ing the low interest rate and reduced
penalties discouraged prospective bid
ders.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-12
Hauptmann Defense
Claims New Evidence

Hemington, N. j., Dec. l2.-(R-
The defense hoped Wednesday for Z
state investigation Of its claim that
the second Lindbergh ransom note
vas written not by Bruno Richard
Hauptmann but BY . New Jersey car
penter Of known criminal connec-
tions.
Edward J. Reilly. chief defense
counsel, flung . verbal bombshell In
to the states legal camp Tuesday By
announcing that ut least one Of the
notes received by Col. Charles A.
Lindbergh after the kidnap.slayina
Of the flier,s son was written BY Z
member Of . gang.
Attorney General David =. Wilent1
chief Of the state staff which intends
to show that Hauptmann not only
kidnapped the child but wrote the
notes when the case comes to trial
Jan. 2, was noncommittal.
The border vidette., 1934-07-07
WHO OWNS THE RAILROADS?

10 recent editorial, the Lans.
ing, Michigan, State Journal an-
swers the old question of Who
Owns the Railroads."
The people do.
They own them in two ways;
First through direct ownership
of stocks and bonds by the bank.
er, the butcher and the candle.
stick maker.
Second way ia through indirect
ownership. Life insurance com.
panies, savings banks, univer.
sites and endowed institutions
Of al! kinds are among the larg.
est holders Of railroad issues.
AS a consequence, every person
who possesses an insurance
policy, q bank account, or is
sending q child to school has q
very real interest in the welfare
Of the rails. In the words of the
State Journal, Pretty much all
of the best of American help.
fulness and altruism is tied in
with the railroads"
At the moment. the outlook
for the railroads is more en-.
couraging than in years-it looks
as if they would be able to meet
their fixed charges this year.
But most lines are still a long
way from earning an operating
profit that would permit the re.
sumption of normal buying. EN-.
p!oy yment and dividends. They
are faced with inequitable com.
petition. made possible BY sub.
sidization and lack of regulation
of other carriers. Legislation
which will mend our trausporta.
ton ills will be of benefit to
every business, every investor
aud property-owner, every citi.
zen.-Ind ustrial News Review.