The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-23

ment does not show that there was
no other source Of income.
when the money got here ito
North Dakota) on the application Of
Governor LANCER that 1t was needed
for relief purposes and when he took
1t away from the worker, II he did, 1t
does not mean that he took 1t away
from the United States.
California Case Cited
There Is some attempt to parallel
the California indictment to this case.
Such parallel Is not possible. You
cannot conspdre against laws which
have not been passed ct the time
named in the indictment. We cannot
be- criminals Or conspirators to OBJ
struct laws which have not vet been
thought Of"
The indictment charges the con-
spiracy on the part Of the accused
men began March II, 1888. Thorp
emphasized that the action Of the
president Of the United States in set
ting up the organization Of CWA did
rot take place until November 3, 1888.
Lanier Talks Briefly
On completion Of defense argu-
nlents, District Attorney p. W. Lanier
addressed the court briefly and was
followed by his assistant, Harry Lash
kowitz.
Answering arguments Of the defense,
Lsshkowitz said federal employees were
solicited to pay . percentage Of their
yearly earnings and we're 'intimi-
dated and compelled to contribute,
and II they did not were faced with
loss Of their Jobs and some did lose
their jobs when they resisted
Pointing to arguments Of the de-
tense that the defendants could not
have conspired to violate an act Of
congress which did not exist at time
of the alleged conspiracy, Lashkowitz
cited decisions which, he said. held
that the acts were violated before
they became q law.
III the government hasn't any law
to protect the destitute and needy"
he said, then there Il something
wrong"
Lanier, arguing on the indictment
charging obstructing IN act Of con-
gless, said that the question Is were
the funds involved from the treasury
Of the United States.
He claimed that defense attorneys
not once undertook to establish the
fact that the moneys were not federal
moneys.
Lanier said the government does not
insist that the governor is an officer
Of the United States, but that that Is
to be determined by proof and "is not
determinable here"
He added that the government takes
the position that It makes no differ.
ence whether q man resigns OF Is re.
moved, referring to Kin1er's resigna-
ton Is secretary Of the federal COM
mittee. The statute. Lanier declared,
says an unlawful conspiracy must have
at least one officer drawing compen-
sation.
The two and one halt hour argu-
ment In support Of demurrer on the
indictment charging soliciting of
funds for political purposes from fed
eral employees, presented by Attorney
Thorp and occupying the entire after
noon Tuesday, was concluded with
his request that the court "treat us as
ordinary citizens.'
I'VE know the Importance Of this
case" Thorp said. I'VE are mindful of
the serious respect Of the court, that
he administer the law with care. But
We meet this issue on the floor Of
justice and meet 1t on tho law.
I'VE do not want to be offensive.
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courts conscience may be 80 keen
that he may find 1t difficult to prop
erly administer the case. We re-
specially ask that the court treat us
as ordinary citizens"
Judge Curt In Reply
Judge Miller's reply was curt. He
said.
THE court is not going to get ex-
cited about the Importance Of the
defendants in this case. The case
probably has attracted more attention
than 1t Is worth.
Either one Of two things exists:
either the defendants are innocent;
or else they are cheap chiselers' who
are not any more important than any
body else"
As the Tuesday afternoon session
opened. Judge Miller inquired II all
the defendants were present. E. w.
Sinkler, defense attorney, replied that
all except one were In attendance. He
said Oscar Erickson. publisher Of the
Leader" was sick in the hospital and
had been for some time. He was
hopeful" that Erickson would be able
to be present Wednesday when the
courts decision on demurrers was
filed.
Attorneys Name Clients
sinkler and Thorp announced to the
court that they were representing
Governor LANCER and associates.
Other attorneys reporting, and their
clients, were: =. J. Graham, for r.
A. Kinzer, and his son, J. A. Kinzer:
J. M. Hanley. for Harold Mcdonald;
John Sullivan, for q. A. Hample;
Peter 0arberg, for Paul Yeater; and
J. K. Murray. for Frank vogel.
Sinkler told the court that the de-
tense was filing demurrers to both
indictments and . motion to quash.
The motion challenged the manner
In which the grand jury had been
selected.
Manipulating Of the grand jurors
from lists Of citizens opposed to the
"class to which the accused belong"
vas charged in the motion.
Advances Reasons to Quash
Among other reasons advanced in
the motion to quash. were the follow
ing, quoted verbatim:
That the grand jury was illegally
drawn In that by the system used in
preparing the jury box in which the
names Of the various prospective
members Of the Jury have been placed,
resulted IN excluding from the jury
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