The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-23
- o N TIN u e n
from page one
Denies Conspiracy
Charge Presented
BY u. S. Grand Jury

nurrer but the grand jury voted =
new indictment, for the purpose Of
including new specifications. Thus
the defendants face two indictments
on the same charge.
Judge Miller indicated that these
phases OF the case would be decided
Wednesday afternoon. In that case
tho business of selecting q jury might
begin late Wednesday or Thursday
morning.
All Of the defendants, except State
Senator O. +. Erickson, Leader pub
Usher were in court Wednesday, ex-
PLANTATION being made that Erickson
still = sick and unable to attend.
Judge Miller explained that In
quashing the indictment charging OBJ
struction Of an act Of congress, fol-
lowing the hearing at Fargo, he made
1t plain that there were no allega-
lions that contributions were made
BY federal employees before they had
actually received their compensation.
Since then, he said, California case
had been brought to his attention.
New Charge ID Clear
In the new indictment, the court
continued, 1t Is made clear that go
licitation and promises are alleged
before employees received their money,
and In some instances 1t Is alleged
post-dated checks were obtained.
THAT brings that indictment with
In the rule that would be an obstruc-
ton Of the statute" the court de-
clared. 1.-THE demurrer to that m
dictment is overruled."
"As to the two motions to quash,
both are overruled."
Then turning to the solicitation
indictment, the court said he was in
considerable doubt about the indict-
ment at that time," referring to the
hearing ct Fargo.
Judge Miller said he was doubtful
at the time whether r. A. Kinzer,
former secretary Of the federal erner-
gency relief committee. and one Of
the defendants, came into thc claSsi-
fication the statute intends to cover.
II am satisfied Gov LANCER is not
such federal officer as contemplated
by that law" Judge Miller said. Il
am not going to pass on it now as I
want to look into the authorities"
As proceedings began Wednesday
morning, Judge Miller excused jurors
until 2 p. m. when argument In sup
port Of demurrers were expected to
be concluded.
LANCER Corrects Proof
As proceedings began Wednesday
morning, Oscar Buttedahl, editor Of
the Leader, gave Governor LANCER
q number Of proof sheets upon which
the governor made various notations
while Attorney E. D. Sinkler present.
ed his arguments to the court.
Buttedahl later joined others at the
press table.
sinkler's arguments Wednesday
morning were based on the conten-
ton that the language Of the solicit
ing charge Is inadequate and too In
specific.
From the indictment he quoted
these words: Employees or other
persons receiving salaries or compen-
sation for services from money deriv-
ed from the treasury Of the United
States"
"Your construction Of these words
he said, addressing the court, must
determine this case"
Supports Thorp's Plea
He reiterated Thorp's statement
that the persons charged with having
done the soliciting Of money could
not be construed to be employees Of
the United States.
In attacking the wording Of the In
dictment as being too indefinite. he
said, "there are 81 jurors In this
case. All are receiving compensation
from the treasurer Of the United
States and all might come within the
scope Of this indictment. :.
"Who Is included here? Are we not
entitled to be informed? How can
We tell? The language Is broad
enough to include the whole state Of
North Dakota In which hundreds OF
people are receiving federal moneys
and relief"
sinkler's concluding arguments on
the soliciting Of funds from federal
employees for political purposes took
half an hour. Thorp then began IN
argument on legal technicalities Of
The second indictment which the de-
tense contends are inconsistent With
trial procedure.
Sat Fargo" Thorp said to the court,
you sustained the demurrer on this
charge, particularly on the grounds
that the United States had no interest
Ia money that had been earned and
that II anyone had been defrauded It
MS not the United States but the en-
ploye."
Mentjons Post-Da&ed Checks
The government charges IN this In
dictment that fr8ud has been perpe-
rated by the defendants IN securing
money from the United States trea-
Jury for relief and diverting 1t to 9TH
n uses. Post-dated checks allegedly
we're given by federal employees to 90
icitors for the Leader"
"A pcst-dated check has no more
force Or effect Insofar @ this case Is
than On oral promise To-
support . newspaper: Thorp main.
tained. TT could not have been IN
assignment because there i nothing
70 show that there was anything Ia
The hank to assign. Further, post
lated check does not tell from what
Iolrco tn money cana The indict.