The Bismarck Tribune Newspaper, December 2, 1916, Page 1

4, ee ee ve Yn, The Weather. | Fair and Warmer. THIRTY-SIXTH YEAR, NO. 287 Crisis Pen THE BIS ASSOCIATED PRESS LINDE ASKS HOW SUPREME COURT TO LINE UP Attorney General Asks for Order Determining Membership in > High Tribunal SPECIAL COMMISSION SITS TO DETERMINE PROCEDURE District Judges Nuessle, Hanley and Pollock Piece Out Bench for Occasion To determine whether the supremo court of North Dakota, after Monday shall consist of Chief Justice Fisk and and Associate Justices Bruce, Chris- tianson, Burke and Goss, or whether the personnel shall be Chief Justice Bruce and Associate Justices Birdzell, Robinson, Grace and Christianson, ‘At- torney General Linde on behalf of the people this afternoon made formal ap- plication for an order calling upon the justices-elect to appear in su- preme court and show cause why they should take office December 4, as they proclaimed their intention of doing. The application was heard by a spe- cial supreme court commission con- sisting of Asociaté Justices Christian- on and Bruce and Ditrict Judges Han- ley, Nuessle and Pollock. At press time it had not been determined whether the order would issue. If an order is issued, Robinson, Grace and Birdzell, against whom it will be di- rected, will be required to appear be- fore the special supreme court and maintain their stand that the consti- tution requires that justices hall serve from the first Monday in December following their, election. Attorney General Linde freely vol- unteered all information in his pos- session. He is not, the attorney gen- eral stated, acting for either faction in the present controversy, but is tak- ing steps to insure North Dakota a legally constituted court for the month of Lecember, Whether ‘that court shall haye as its members/Grace, Robinson and Birdzell or Fisk, Burke and Goss remains for. ‘the. supreme court to decide. i NEWSPAPER’ WOMAN TELLS WAY SHE SHOT Jury in Trial This Afternoon — / WITH THAT STATEMENT SHE BURST INTO SOBS Thompson Falls, Mont., Dec. 2—“He. called me \a-red-light women.” This was the reason given: by: Miss Edythe Colby this afternoon to the: jury why she shot and killed Republican Coun- ty Chairman Thomas last September Then she burst into sobs. ‘i Testimony that Miss Edith Colby, a newspaper reporter on trial here for murder for killing A. C. Thomas, a prominent politician, last September, attempted to have Thomas arrested for insulting her, and further testi- mony. to establish that Migs Colby was of unsound mind was introduced by the defense today. The testimony that Miss Colby had sought Thomas’ arrest was given by William Strom, clerk of the court here an dthe last witness of the day. Nearly Fainted in Chair. “Miss\ Colby dropped into my office before the shooting,” Strom said, “and nearly fainted in a chair. She want- ed to see Wade Parks, the prosecut- ing attorney, and told me that she had many troubles.” The next morning, Strom said, about half an hour before Miss Colby shot Thomas, she called Prosecutor Parks on the telephone. Sirom an- swered the'telephone and told her that Parks was out of town. Strom said that he’had conversed with Parks about the possibility that Miss Colby was 2 detective. NATCO TILE IN DEMAND Elliott of Dickinson Returns From Pittsburgh With Preliminary Order for 400 Carloads. (Special to The Tribune). Dickinson, N. D, Dec. 2—W. 4. E- liott, manager of the North Dakota Pressed Brick company closed a desl this week with the National Fire Proofing company of Pittsburgh for 400 carloads of building tiel to be de- livered at various points in the Unit- ed States within the next eight months. This is believed to be just a preliminary order which will be fol- lowed by a standing arrangement. The high quality of the Dickinson tile and brick has focused the atten- tion of the building world upon this state. eee Safety. First Plea Goes to | . Speed Fiends Northern Pacific Circulars To Be Mailed to 60,000, Automobile : Owners 997 PEOPLE KILLED ON CROSSINGS IN 1915 Railroad Company Emphasizes “Necessity of Care on Part of Motorists A safety, first plea will accompany North Dakota license tags' to each of the state’s 60,900 autotmobile-owners in 1916. Be “A Word of Caution to Mortorists,” is the title of a particularly timely circular just issued by the Northern Pacific bureau of efficiency. The warning sinks home, in view of a series of disastrous automobile-train collisions within the past six weeks. The circular advises caution in ap- proaching grady crossings, and calls attention to thégfact that in 1914, 1,147 persons were killed and 2,935 in- ‘jured at grade crossings. In 1915, 997 persons lost theirjlives and 2,898 were injured. “The reduction in cosnalee in 1915, as compared with the /re- vious year, is due to warning notices posted by railway companies and au- tomobile clubs,” says the Northern Pacific. E “Trains have no choice of routes,” reads the circular. “They must run on the rails, and their patrons require that they be on time if possible. Mo- tor car drivers can choose their own routes, and the occupants of machines usually are not pressed for time.” Speed of Cars or Trains ‘An interesting table showing — the speed of trains or cars moving from five miles an hour to 100 miles, as counted in seconds, is a feature of the circular. It shows that a train or car, moving five miles an hour trav- els 7.3 feetyper second; at 30 miles an hour, 44 feet per second, and at 100 miles the hour, 150 feet per second. Trains moving.'25 to 40 miles an hour can under ordinary conditions stop within 1,200 feet, while motor cars running at the same speed can be stopped in about thirty feet. The train. often weighs as*:muchas*$,006 tons, while the automobile’s weight ‘\rarely exceeds: two tons. To, Enclose Circulars North Dakota «license .iags are. wrapped and. sealed ;atthe factory. F. M. Metcalfe, first vice president and special representative: of the, Northern. Pacific, asks that one of these circu- lars” be ‘enclosed with each tag, and this will be done if arrangements can be made with the manufacturer. If not, they will be inserted here. TWO KILLED WN SPEEDWAY RAGE Union Town, Pa., Dec. 2.—(Bulletin 4:00 p. m.): Two were killed and seven injured in a smash-up in the United States Speedway automobile race this afternoon, the race being postponed from Thanksgiving. COURIER-NEWS SOLO AGAIN Marsh & Fintress Believed to Have Cleaned Up $10,000 More Than Price Paid a Month Ago. (Special to the Tribune.) Fargo, N. D., Dec. 2—A. West: ernhagen, former business man- ager of the Courier-News, and Dr. L. T. Guild, former managing ed- itor, today filed suit against the company for the sum of $37,000, which they allege is due them. The prelirhinary foreclosure is against The Courier-News com- pany and Marsh & Fintress, the late owners. The papers were served this afternoon under the terms of the mortgage. (Special to the Tribune.) Fargo, 'N. D., Dec. 2.—Details of the Non-partisan league's purchase of The Courier-News, which was official- ly announced yesterday afternoon, have not definitely been made public. It is understood, however, that Marsh & Fintress, who purchased the plant just three weeks ago from Dr. L. T. Guild, cleaned up $10,000 over the price they paid Guild. According to announcement made this morning by Marsh, the plant was seld through fear the Non-partisans would publish 1 paper. The new owners have declared for a straight newspaper: proposition not given over to the furtherance of po- litical propaganda. Herbert Gaston, editor of the Non- partisan Ledger, will edit The Couri- er-News. There wiil be no change in the name. : The paper will continue on its pres- ent schedule, publishing‘ six days in the week. EASY ON PLUMBERS. AVENUES OF ETREAT FOR VILLA GUT OFF Carranza Forces Believe That They Will Be Able To Trap Bandit Chief WASHINGTON CONSIDERS AN EMBARGO ON ARMS New Constitution Outlined to Mexico’s First Liberal "Congress | El Paso, Texas, Dec. 2.—The situa- tion of the Carranza government in northern ‘Mexico is desperate, follow- ing the capture of Chihuahua City by Villa. “Tf he does,” said General Gonzales, “we will be able to bring up from three sides heavy forces and crush the bandit army.” Indications are that Villa is prepar- ing to move. All channels of escape are reported cut off by Carranza troops. At Queretaro, Carranza outlined to 252ettelegates to Mexico's first liberal congress, the terms of Mexico’s new constitution. The proposed constitu- tion adheres closely to the famous Declaration of Juarez. Villa bandits were reported loading two trains with loot from the stores and private residences of. Chihuahua City and preparing to follow these trains ‘west on the Mexican North- western railroad, according to a mes- sage received at military headquar- ters tonight from General Ozuna’s! scouts at Sauz. 4 General Ozuna’s cavalry column was at Cuilty, tge first station south; of the state capital, the report said. | The scouts obtained their information! from refugees reaching Cuilty and; Sauz from Chihuahua City. This news’ was taken at headquar-, ters to indicate the intention of Villa; to evacuate the ‘city after looting it, as he did at Parral, Santa Rosalia and | Jimenez: ) General Trevino was said hy Gen- eral Gonzales to have been in Hotea-! aitas yesterday awaiting the arrival ‘of General ‘Francisco Murguia’s» forces} from the ‘direction of Camargo, south} .of Chihuahua City. Villa-made a speech against for- eigners in Hidalgo plaza, following his occupation of the city, a Chinese far- mer and merchant who left Chihua-j hua City Wednesday morning, said up| on his arrival here today on a troop: “| between this government and M Des Moines, la., Dec. 2.—Decalring that the men before him were in no sense anymore criminal than “you or I,” Judge Phillips dismissed 30 plum- bers found guilty of fixing prices is violation of the Sherman law. The judge declared what was needed was a regulatory law. The plumbers were fined a nominal sum. - © train. EMBARGO NNED, Washington, Dec. 2.-An American ; embargo on shipments of arms across ; the border promises to be a live ic, 0. Carranza’s advisers are displeased at the United States regulation. They | claim that the lack of ammynition; |cost them Chihuahua City. .Ameri-} cans claim they had plenty of ammu- nition, which Villa’s men took away from them. Ambassador Arredendo called the attention of Secretary iLan- sing to the situation. If assured that ammunition is not going to fall into the ‘hands of Villa freer shipments will be made. Cayuma, Ind., Martin Rice, maniac, who shot and killed Martin J. Rice, was shot and killed at his home. BISMARCK, NORTH DAKOTA, SATURDAY, DEC. 2, 1916. CK TRIBUNE UNITED PRESS ? | Home Edition CHRISTMAS DWVERSION OF INSURANCE: FUND TO BE OPPOSED Friends of Volunteer Fire Depart- ments Claim It Would Cripple Service COMPANIES BELIE'7E THEY SHOULD HAVE P},OTECTION Volunteer firemen ‘uf North Dakota are preparing to fight.an effort which it is rumored willbe made in the Fif- teenth legislative assembiy to divert to the general fund of the state the two per cent premium upon fire insur- ance policies which herctofore has gone to the support ofthe fire depart- ments. In 1915 there was-derived from this source $27,162.11. which was distrib- uted athong the organized fire depart- ments in the territories vriginating the business. . In many-inst s, this fund is the sole support of small, volunteer fire department Ordin- arily these small departme: are lo- cated in “irame” towns most liable to loss*from fire and, least able to contribute Iiberally, to the support of an organized fire départment. The firemen contend that if this import source of support, is cut off, these towns will be deprived entirely of the protection. of-an organized de- partment and will be left at the mercy of the flames. Riotons Living Ernied Those who iavor Givens this’ yee: mium revenue to the general fund/of the state argue that the money distri- buted to the fire departments is used up in riotous living. The firemen trenuously deny this allegation, and assert that in most instances th ‘unds are applied to the purchase of equipment, and that in some cases it has afforded the sole means of pro- curing fire-fighting apparatus. In Marmarth, for instances, a Lown of about 500, not a penny of this pre- mium fund hag been touched for years. Now that Marmarth has extended its wator mains, the department expe to apply the fund to the purchase. of a motor truck, placing Marmarth in the same class with Fargo, Grand Forks, Minot and Bismarck, so far as ability to combat fires ina modern manner is concerned. The village of Sanborn has bought every bit of its fire-fighting apparatus it p es. through the medium of this two per cent premium tax. Insurance Companies Object Fire insuranve companies operating in North Dakota object to the diver- sion of the fund on the grounds that they are paying this tax of two per cent upon every premium written for protection, a sort of insurance of their own intended to make their_chances (Continued on page 4.) GREECE CANS TIME THRO “AN ARMISTICE King Constantine Signs Docu- ments to Ease Pressure Caus- ed by’Allies’ Demands FOUR MOUNTAIN BATTERIES DELIVERED TO ENTENTE Situation in Hellenic Kingdom Growing Mory Critical Daily London, Dee. 2.--An armistice has been effected between the forces of the Entente powers and the Greek re- serves at Athens, A Reuter dispatch says that King Constantine has agreed to deliver over six mountain batteries to the Allies. ‘ Land Troops. Admiral Du Fournet, commander of the Entente fleet in the Mediterrane- an, is reported to have landed troops at Piraeus, the port of Athens. Aside from a report that Greek ‘troops are being sent toward Athens from the north of Greece, there are no indica- tions as to what measuers the Greek government has taken to comply with or oppose Admiral Du Fournet’s de- ‘mands: for the turning over of Greece’s guns and ammunition. The Evening Star has an Athens dispatch, filed at 5 o’clock Friday evening, stating that the armistice between Greece and the allied troops has failed and that the battle on the hills south of Athens was renewed with an artillery attack by the Fran co-Eritish forces. AUTO THIEF ARRESTED IN AMESTOWN AFTER SHOTS ARE EXOINEED John Murray Accompanied by His Wife ‘Apprehended—She Makes Getaway (Special to the Tribune.) Jamestown, \N..D., Dec. 2.—John Murray, claiming St. Paul as his s arrested here last night, hthe theft of an auto in apolis, recently. Murray was arrested after a desperate fight with officers, several shots being fired by the latte ie He was accompanied by his wife, formerly a Jamestown girl, When her husband was apprehended, Mrs. Mur- jray made her getaway to St. Paul. {Two tickets to St. Paul were found on ‘Murr He claimed he intended to leave at once for that city with his wife. An unopened box of 32 shells was also found on his person, but he had disposed of his revolver when pursued by the officers. Detective from the Twin Cities are unexpected today to identify the man and take him back. “BONE” DRY SOON. Salem, Ore., Deé. 2.—Oregon will not go “bone” dry until after. the leg- islature meets to pass legislation cov- ering the amendment adopted at the recent election. Limited quantities | can be shipped in now. The Steam Roller! Stork Halts Penitentiary | Commitment Baby Born at Home of William F. Kittel in Casselton Yesterday Father Sees His Child THAT EXPLAINS WHY JUDGE AMIDON DELAYS SENTENCE Federal Court Judge Announces That Sentence Will Be Passed on December 22 (Special to the Tribune.) Fargo, N. D., Dec. 2.—That the hand which once juggled the funds of\the patrons might help in piloting: the journey of the stork to safety and grasp the hand of the mother was learned today as the reason for the delay in Judge Charles F. Amidon of the federal court here, in not passing sentence on William F. Kittel, former cashier of the First National bank at Casselton, which failed just a year ago. Brother on Way to Leavenworth. ‘While the stork was hovering over the residence of W. F. Kittel in Cas- selton, it probably passed in its flight the train bearing the brother defend- ant, Richard C. Kittel, who was sen- tenced this week to serve seven and a half years in‘the federal prison at Leavenworth. In the little home which will soon be fatherless this coming Christmas— probably for the first time—a child was born yesterday, The child is that of William F. Kittel, who doubt- lessly will be om his way to the same prison as his brother defendant ibe- fore this glad Yuletide. Judge Charles F, Amidon announced today that sen- tence would be passed on December 2 Explains Court’s Delay. This pathetic feature of the former banker’s case was brought to light this morning in explanation of the court’s delay in sentencing the young- er brother. The people of Fargo and the people of the northwest wondered the reason why. Jn Casselton it was whispered from mouth to mouth that the stork was hovering near. The little child may not know the father for five or seven years. Just how ‘long she will be without” her “daddy” depends upon the judge. But the father will carry on his trip a vivid picture of his child. It will last until the banker ig discharged or until the little child is old enough to visit the\prison. May Go Into Bankruptcy. The Kittel brothers, it was \an- nounced today, shortly will go into bankruptcy, papers to this effect hav- ing been prepared. WOULD ALLOW TRADE TRUSTS “WENPORTS Washington, Dec. 2.—Legislation to permit exporters to combine to ob- tain export trade is urgently recom- mended by the Federal Trade commis- sion in an exhaustive annual report of the federal trade situation. The re- port says this would greatly benefit manufacturers. Investigation cover- ing months carried on by|the aid of United States consuls was world wide in its scope. Other nations have marked advantage in foreign trade and superior facilities, owing to ef- fective organizations. Legal restrictions prevent Ameri- cans from developing an equally ef- fective organization for oversea busi- ness. The trade of American manu- {facturers and producers suffer. NO HOOF AND MOUTH DISEASE CHIEF OF BUREA WIRES CREME epidemic, A. D. Melvin, chief of the bureau of animal husbandry, wires Dr. W. F. Crewe from Washington. D. C. The secretary of the North Dakota! live stock sanitary board today re- ceived the following message from Melvin: “Present indications are strong that the disease is infectious stomatitis of horses, which has extended to cattle, and not foot and mouth disease. The department has issued no quarantine, although local authorities have quar- There is no hoof and mouth disease’ ding In British Cabinet vn cence PACKING UP 10 LEAVE OFFICE Evening News of London Printd Startling Rumors of General ‘ Shake-up ; RUMANIAN LINE BROKEN . SOUTH OF PIETSE Defenders of Bucharest Are Be- ing Slowly Driven Back by | Teutonic Pressure ; TODAY'S WAR MOVES. IN RUMANIA — Petrograd claims the repulse of -the Teuton ic army advancing toward Bucha- rest from the south: It is admit- ted that the defenders to the west. of the capital have been forced back to the Argos ‘river. Berlin reports continued advance on all sides with a big, battle progress- ing south of Bucharest. The rout of the first Rumani i Claimed, with big lo ers and supplies. Along the front of the Russian offensive in Tran- sylvania, the Teutons report pro» gress. On this same front Vien- na reports bloody fighting and the repulse of the enemy in Dob. rudja, Petrograd claims the cap- ture of the western part of the Cernavoda bridge and the forci back of the Teutonic lines else- where along this front. IN WEST—The British and, French front in the west without incident of importance. Géneral Haig reported only minor trench raids and artillery fighting. MACEDONIAN FRONT—Paris recounted Serbian repulse of violent enemy attacks. Berlin claimed attempted advance by al- lied forces under General Sarrail — without success. 3 GREECE —Contradictory dis- patches as to whether Greece has in. Allies’ demande London spe- cial. dispatch states an. latices has © been declared, ‘“whéreby Greece partially agreed to the dis- armament and another that the armistice terminated and. violent fighting was in progress about” the city. : London, Dec. 2.—The London Evens ing News prints that Lloyd-George, war etary, is packing up his be longings, preparatory to Jeaving of- fice. ‘Several of the London newspa- pers assert that the coalition’ cabinet faces a crisis and likely dissolution. The newspapers say that the cabinet is too cumbersome to expedite plans for the conduct of the war. Only re- cently these same newspapers Oppose ef Asquith. Berlin dispatches state that the fighting between the Teutonic and the Russian and Rumanian forces in the Carpathians along the Transylvania line is still progressing with heavy enemy losses. On Mackensen’s front a big battle developed. Line is Broken. ' The first Rumanian linc south of Pietsi was broken through and defeat- ed. Since yesterday the Germans took 51 officers and 6,115 men prison- ers of all ranks. Forty-nine cannon and 100 ammunition carts and 100 military vehicles were captured. Petrograd Admits Defeat. Petrograd dispatches admitted that the Rumanians defending Gucharest were pushed back, after persistent attacks, to the River Arge. In the Dobrudja regicn the enemy was come pelled io retire fr | al heights. On tre wes 2 only, Vartitlery due ns es‘plod: fed several Italian a in the vicinity of G The Entente ailie near Monastir, was rep The strong Dobrudja att: ed. Petrograd, Dec. 2.—Ciolent combats are marking the progress of the Ruse sian oftensive in the wooded Carpas thians and along the Transylvania, ‘frontier. ‘The battle for domination bava heizhts. is continue WELSH MINERS GET INCREASE Londén, Dec. 2.—The government has granted the demands of the South o antined locally. The department prob- ably will issue an announcement to- morrow.” None in North Dakota. “There has been no outbreak of the epidemic in North Dakota to date,” said Dr. Crewe this afternoon. “Cas- es have been reported near Pierre. In range stock stomatitis is hard to han- dle, but it yields to treatment, and is; not dangerous.” MAY LOCATE IN BISMARCK, i H. B, Thyson, formerly in the bank-' ing business at Kintyre, N. D., who recently disposed of his interests in’ that village, is pending the week in! Bismarck “lookin’ around.” Thyson Wales miners for a 15 per cent ine crease in wages. The mines are cone trolled by a government commission. GERMAN PAPERS ARE JUBILANT London, Dec. 2.- changes) in the British admiralty have been greet- ed with jubilation by the German newspapers, according to an Amstere dam dispatch to Aeuters. The Cole ogne Lokal Anzeiger ‘ecipres that Admiral Jellico’s removal from the fleet is degradation for losing the bat- tle of Jutland and that the ine ciency o fthe flect is shown by the fact that stated Wednesday evening that he is, looking with favor upon Bismarck as! a point at which to locate. { German ships attacked the cast coast of England and never saw of British ships. pe ee