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

a rg The Weather. Fair and Warmer. THIRTY.SIXTH YEAR, NO. 287 \ BIS ASSOCIATED PRESS Crisis Pend LINDE ASKS HOW SUPREME COURT Safety. First Plea Goes to | . Speed Fiends Mailed to 60,000, Automobile ID TD LINE, UP css se 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 supreme 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 qause 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 WHY SHE SHOT ‘He Called Me a Red-Light Wom. THO KILLED IN an,’’ Miss Edythe Colby Told Jury in Trial This Afternoon WITH THAT STATEMENT SHE BURST INTO SOBS 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 60,000 autotmobile-owners in 1916. pe “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 grad¥. crossings, and calls attention to thé$fact that in 1914, 1,147 persons were killed and 2,935 in- ‘jured at grade crossings. In 1915, 997 persons lost theirlives and 2,898 were injured. “The reduction in casualties in 1915, as compared with the /pre- vious year, is due to warning notices posted by railway companies and au- tomobile clubs,” says the Northern Pacific. . “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*inuch as*°3,000° tons, while the automobile’s weight rarely exceeds: two tons. To, Enclose Circulars North Dakota «license tags are wrapped and, sealed jat the 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. SPEDNAY 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 Thompson Falls, Mont., Dec. 2—“He| race this afternoon, the race being called me \a- red-light woman.” was the reagon 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. 5 This} postponed from Thanksgiving. COURIER-NEWS SOLD AGAIN Testimony that Miss Edith Colby, a] marsh & Fintress Believed to Have 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. MATCO TLE DERAND From Elliott of Dickinson Returns Pittsburgh With Preliminary Order for 400 Carloads. (Special to The Tribune). Dickinson, N. D, Dec. 2—W. 4. El- liott, manager of the North Dakota Pressed Brick company closed a dekl 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. “eh 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 $57,000, 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’ 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 s 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. 3 The paper will continue on its pres- ent schedule, publishing’ six days in the week. EASY ON PLUMBERS, Des Moines, Ia., 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 a regulatory law. The plumbers were fined a nominal sum. judge declared what was needed was | (AVENUES OF e n UNITED PRESS Home Edition FIVE CENTS : 1 British Cabinet RETREAT FOR VILLA CUT Ort 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 252felegates 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. General Ozuna’s cavalry -column was at Cuilty, tee first station south from refugees reaching Cuilty Sauz from Chihuahua City. ters to indicate the intention of Villa to evacuate ‘the ‘city after looting it, as he did at Parral, Santa Rosalia and Jimenez. “| between this govel General Trevino was said hy Gen- eral Gonzales to have been in Horeca: asitas yesterday awaiting the arrival of General 'Fraficisco Murguia’s » forces from the direction of Camargo, south This news’ was taken at headquar-, of the state capital, the report said.| cated in ‘ The scouts obtained their information! to loss*from fire and, least able to and; 1 { i of Chihuahua City. Villa:made a speech against fo: eigners in Hidalgo plaza, following hi occupation of the city, a Chinese fa mer and merchant who left Chihu hua City Wednesday morning, said wu, tof the protection. ofan org wig CHRISTMAS DWERSION OF INSURANCE: FUND TOBE OPPOSED Friends of Volunteer Fire Depart- ments Claim It Would Cripple Service COMPANIES BELIE7E THEY SHOULD HAVE P},OTECTION Volunteer firemen ‘uf North Dakota are preparing to fight-an effort which it is rumored will'be made in the Fif- teenth legislative assembly 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 w distrib- uted afhong the organized iire de: ments in the territories the business. In many-instances, this fund is the sole support of small, volunteer fire department Ordin- arily the: contribute liberally, to the support of an organized fire department. The firemen contend that if this important source of support,is cut off, many of these towns will be depriv fe partment and will be left at the mercy of the flames. Riotonus Living Those who iavor Givi ; mium revenue to.the general fund/oft the state argue that the money d buted to the fire departments up in riotous living. The enuously deny this allegati ssert that in most instance unds are applied to the purcha’ quipment, and that in some c: as afforded the sole means of pro- on his arrival here today on a troop: curing fire-fighting apparatus. train. EMBARGO PLANNED, Washington, Dec. 2.—An American embargo on shipments of arms acrt the border promises to be a live Carranza’s_advis leased at the United States regulation. They claim that the lack of ammunition ,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. KIL! a Cayuma, Ind., Martin Rice, maniac, who shot and killed Martin J. Rice, was shot and killed at his home. In Marmarth, for instances, a of about 500, not a penny of this pre- mium fund hag been touched for years. Now that Marmarth has extended its water mains, the department expe to apply the fund to the purchase. of ico.}a motor truck, placing Marmarth in the same class with Fargo, Grand Forks, Minot and Bismarck, so far as ability to combat fires in, a modern manner is concerned. The village of Sanborn has bought every bit of its fire-fighting apparatus iL possesses. through the medium of this two per cent premium tax. Insurance Companies Object Fire insurance 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 GREECE CAINS TIME THROUGH AN ARMISTICE Docu- ments to Ease Pressure Caus- ed by’Allies’ Demands King Constantine Signs FOUR MOUNTAIN BATTERIES DELIVERED TO ENTENTE Situation in Hellenic Kingdom Growing Mory Critical "Daily London, Dec, ‘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 7:45 o'clock Friday evening, stating that the armistice detween 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 THEE ARRESTED IN JAMESTOWN AFTER SHOTS ARE. EXCHANGED 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 home, was arrested here last night, charged wit hthe theft of an auto in Minneapolis, recently. Murray was a pd after a desperate fight with several shots being fired by jatter, ‘ He was accompanied by his wife, formerly a Jamestown girl, When her husband was apprehended, Mrs. Mur- ray made her getaway to St. Paul. wo tickets to St. Paul were found on ‘Murray. 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., Dec. 2—Oregon will not go “bone” dry until after. the leg- islature meets to pass legislation cov- ering the amendment adopted at the own intended to make their_chances (Continued on page 4.) recent election. Limited quantities lean be shipped in now. The Steam Ww 1; Cermecae Roller! ‘tn A AATTERTTR LS Stork Halts | | ness. 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 seh- tenced this week to serve seven and a half years inthe 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- tenes would be passed on December 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 withovt ” 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 bankruptey, papers to this effect hav- ing been prepared. WOULD ALLOW TRADE TRUSTS “W ENPORTS 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- KO HOOF AMD MOUTH DISEASE CHIEF OF BUREAU WIRES RENE There is no hoof and mouth disease’ 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- 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. 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.” stated Wednesday evening that he is looking with favor upon Bismarck as a point at which to locate. The trade of American manu-| | |. ,facturers and producers suffer. : Thysonj| OVD GEORGE PAKIA. UP TO LENE OFFICE Evening News of London Prints Startling Rumors of General : Shake-up RUMANIAN LINE BROKEN ’ SOUTH OF PIETSI 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 Rumanian army is claimed, with big losses in prison- 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 ti Cernavoda bridge and the forc 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 Safrail ithout success. 4 GREECE —Contradictory dis. patches as to whether Greece has acquiesced in Allies’ demande for surrender of arms. London spe- cial dispatch states an yeti 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 -Lioyd-George, war secretary, 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 e@ 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 Jine 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 defendinz Bucharest were pushed after persistent attacks, to the RI Arge:, In the Dobrudja regicn tue en front the 2 ‘tha ‘Teursns ce‘plods Italian arimun'tion depots in the vicinity of ¢ i The Entente allied troops’ advance near Monastir, was repuiscd The strong Dobrudja att2 ed. Petrograd, Dec. 2.—Ciolent combats are marking the progress of the Rus- sian offensive in the wooded Carpa: thians and along the Transylvania i he battle for domination bava heights. is continu: WELSH MINERS "GET INGREASE Londén, Dec. 2.—The government has granted the demands of the South Wales miners for a 15 per cent im crease in wages. The mines are con trolled by a government commission, GERMAN PAPERS , ARE JUBILANT London, Dec, 2.—The changes in ithe British admiralty have been greet. {ed with jubilation by the German newspapers, according to an Amstefe dam dispatch to Aeuters. The Cole ogne Lokal Anzeiger devlpres 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 ,German ships attacked the cast coast tof England and never saw anything of {British ships. pode ty