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The Weather Fair and Colder, THIRTY-SEVENTH YEAR, NO. 7 : UNITED LATE STATE'S ATTORNEY OF BURLEIGH COUNTY "| HARMONY REENS {UPPER HOLE WD SPEAKER Senate Threshes Out Organization Differences on Floor of That Body COMMITTEE TO NAME COMMITTEES Non-aPrtisan Slate Goes Through in Lower Body Without | Friction ; The Fifteenth general assembly got smoothly under way at high noon to- day. The two houses were organized without any apparent friction, and in the lower chamber, particularly, the q prearranged program was carried Po through without a hitch. After opening prayer in the house by Dr. J. G. Moore, district superin- tendent of the Methodist Episcopal church, and in the senate by Rev. E. F, Alfson, roll was called by W. D. Austin and M. G. George, respectively, and the legislators who are to par- ticipate in the state’s most interesting session were sworn in by Chief, Jus- tice Andrew A. Bruce in the senate and Associate Justice A. M. Christian- son in the house. Wood’s Choice Unanimous. After the name of Howard R. Wood ot Deering had been placed in nom- ination by representatives from prac- tically every district in the state, his election to the speakership was made unanimous. Bowen for chief clerk and Austin for assistant clerk were approved as outlined in the caucus. Prater Secretary. W. J. Prater. was nominated for sec- retary of the senate by Senator Thomas Pendray of Jamestown, and the Bismarck man was made the unanimous choice of the 47 senators pregent and voting. W. P. Mills. of Rock Lake was selected sergeant. at. arms in the manner, oes Committee Employment. Taking a, leaf from the house’s pro- gram, the genate will leave the nam- ing of other employes to a special committee. The senate also imme- diately after organizing named a com- mittee on committees, to confer with i his. selections, H. R. Berndt PEAGE IN CAMP: WILEY PROPOSES ANAL’S CHOICE Howard R. Wood Named for Speaker by Unanimous Con- sent in League Caucus COMMITTEE WILL ASSIST COMMITTEES NAMED. Employment—Henry Strom, Hillsboro; F. W. Keitzman, Lako- ta; N. E. Whipple, Eckelson; Frank G, Prater, Arena; Anthony; Walton, Minot; Walter Maddock, Plazo; Paul Havens, Nortonville. Committees—Fred Nims, Lis- bon; A. M. Westhope; Fay A. Harding, Braddock; Henry Gie- ger, Hamilton; F..W. Mees, Heil; Robert- Wadeson, Alice; E. E. Kurt, Scha 4 fhe recognition given the west- , etn} portion..of.Nerth-Daketaimay ‘be- specially noted “in: these ap: pointments. HOUSE OFFICERS. Assistant Chief Clerk—W. D. Austin. Enrolling and Engrossing—o. 8. Wing. . Journal Clerk—Lester Smith. If there was ever any possibility o\ san league camp, it was completely eliminated yetserday afternoon when the name of Howard R. Wood of Deer- ing for speaker of the house was pro posed by L. D. Wiley of Morton and seconded by E, A. Bowman of Kulm. The method in which Wood was nom- inated revealed the presence of some genuine diplomatic timber in league circles, for the only men who had ever been mentioned as possible opponents of Wood were Wiley and Bowman, both good leaguers, and, while Bow- man withdrew early in the race with the statement that he never had been an active candidate, Wiley had been considered until the very hour of the caucus as a probable contendor. The selection of Wood is proving generally popular both in and out of league ranks. The new speaker is a young man of fine presence, and he has made a very favorable impression during the few days he has been in . To notify the house of the senate’s organization, Paulson, Pendray and Sikes were named, and to notify the two governors that the senate is now in readiness to receive any communi- cations they may wish to make, Heck- f el, Welford and Rowe were selected. s ay President Pro Tem. The senate by a unanimous vote named Senator Henry McLean of Cavalier president pro tem. The re- mainder of the afternoon session was devoted to routine matters. Commit- tee appointments were framed up and the senate then adjourned until 2 o’clock tomorrow afternoon, when it will meet 4% joint sesaion: with the house in the*tatter's chamber to wit- ness the inauguration of newly-elected officers and to listen’‘to ‘Governor Hanna’s exaugural’ ‘and to Governor Frazier's inaugural addresses. Few: Members Missing. But two members of the senate were ‘THE BISMARC BISMAROK, NORTH DAKOTA, TUESDAY JANUARY 2, 1917. K TRIBUNE ASSOCIATED PRESS Front of County Building Early This Morning CORONER'S JURY FINDS | DEATH ACCIDENTAL fo cs to Surrender Office to F. E. McCurdy ACCIDENTAL !S VERDICT. “Accidental” was the verdict handed down by the coroner's jury shortly after noon today at the inquest into the death of ex. States Attorney H. R. Berndt, who was found dead this morn- ing on the court walk with a re- volver at his side. The inquest was held in the courtroom, before Acting Cor- oner J. O. Varney. W. A. Stick- ley, J. A. Dawson and W. E. Rew were the jurors. .The witnesses : .Rev. R. Strutz, Or. W. H, John Eli, M. A. Lee, ickson, Sheriff J. P. French, Carl Kositzky and Jus- tice Varney. Lying face downward on the main walk leading to the Burleigh county courthouse and but a distance of about IN NAMING COMMITTEES) 50 feet from the entrance, the body of State's Attorney H. R. Berndt, 104 Avenue A, was found dead shortly after 8:30 o'clock this morning by M. A. Lee, jailer, who notified Sheriff French. A bullet wound through the heart and a .30 calibre Luger revolver found no less than two feet from his left hand. The shot passed through the heart, exiting just below the neck. Sur- rounding.the body were several state documents and two large black grips. These were to be filed with Clerk of Court Fisher. Saturday the term of the office of the state’s attorney had expineds. onitot er Accident, Says Linde, Attorney General Linde absolutely discardgsthe suicide theory and points out that the attorney might have acci- dentally fallen, a gun of the Luger type being very easily discharged. The attorney general is of the belief that with the gun in the left hand, and a package of state documents under his left arm and the two grips in his right serious disaffection in the Non-Parti-| hand, that the attorney slipper after he had entered upon the main walk, and then points out that it would be a queer time and a queer place to com- mit suicide. Leaving his home early this morn- ing, State’s Attorney H. R. Berndt went to his office and procuring the records for the term which just ex- pired, he made his way toward the courthouse. At the corner of the Methodist church, the attorney is said to have stopped and remained for some time as if meditating. He re- mained there about 10 minutes, That was about 8:30 o'clock. John Eli of the Wachter Transfer company, who was passing by at that hour, testified at the inquest: held at 11 o'clock this morning that the attor- ney had two grips and a number of packages. Eli did not hear any shots. Rev. Struts Hears Shot. Rev. R. E. Strutz, 710 Reaser street, pastor of the Evangelical church, left the capital. ( Walton Presides. Anthony Walton, one of the strong men of the league, and member of the original Equity Packing plant commit- tee, called the caucus to order, with approximately 100 league members of the house present. Following the choice of Wood for speaker by acclamation, A. E. Bowen, a prominent league, organizer, was se- lected for clerk of the house by a unanimous vote. Steering Committee. As predicted, there was named a steering committee, ingentously styled (Continued on page two.) absent when the senate convened and but very few house members were not. in their seats. The house completed its organiza- tion at 1:30 o'clock‘and recess was taken until 1:30.0'clock tomorrow af- ternoon. Shortly before: the adjournment a committee of three was named by Speaker Wood to wait on the gover- nor and convey the information that the house was ready for business and ready to receive any message. Mem- bers of this committee were A. G. Di- vet, Dettler and J. H. Sinclair. . The committee appointed for the re- R vision and the correction of the house journal consists of Anthony Walton, his home about 8:30 o'clock this morn- ing and as he was about to enter the Bismarck hospital, heard a shot from the direction of the courthouse, some- time between 8:30 and 8:40 o'clock. “I stopped a minute and listened and looked toward the courthouse to see if I could observe anything strange,” stated Rev, Strutz. “All seemed quiet. Then as I was about to open the door of the hospital, I looked around again to see if I could see anybody. No one was in sight.” Jailer Discovers the Body. M. A. Lee, jailer of the county jail, had left the courthouse shortly after 8 o'clock for his home, 208 Fifth street. (Continued on Page Porter Kimball and M. A. Hoghau; The committee of three appointed to Join with the senate committee to con- fer with the members of the state board of contol and committee rules are M. A. Hoghaug, L. D. Wiley and James Harris. Senate Committee Reports. It was shortly after 1 o'clock that the senate committee composed of Chairman Paulson, Senators Thomas Pendray and E. H. Sikes, reported to| (Continued on Page Four) OHO OOOSHOHOHOHHOD MRS. SANGER FACES TRIAL New York, Jan. 2.—What Mrs. Margaret Sanger declared will be “a decisive battle be- tween the friends and enemies of birth control” is expected to begin when the little red-head- ed, fire-eating birth control ad- vocate who has preached her doctrine throughout the country and gone to jail therefor many times, comes to trial in special sessions court here today. The specific against Mrs. Sanger is “maintaining a pub- lic nuisance” in her birth con- trol clinic in Brooklyn. The first time she was arrest- ed after the clinic opened she fought the police and had to be carried to the patrol wagon. PARKER SPEAKER (Associated Press.) St. Paul, Minn. Jan. 2.—Minne- sota’s 1917 legislature convened today, perfected the organization of both houses and adjourned un- til tomorrow noon, when it will meet in joint seesion to hear Gov- ernor J. A. A. Burnquist’s inaug- ural address. Raiph J. Parker of Spring Val- ley was elected speaker of the house of representatives, with on- ly two dissenting votes, those cast by thé two Socialist mem. . bers. Senator George H: Sullivan of Washington county was elected president pro tempore of the sen- ate and George W. Peachey of Owatonna was again named sec- (United Press) St. Paul, Jan.. 2.—Minnesota’s 130 in ‘of two gavels at PODS PHHSHSHHPOHHO OO OOD 12 o'clock. OOOO $90 09595F099950090008 Minnesota Legislature With Many Bills Ready for Revamping of State Gov’t Opens members taking the oath of office. Se- lection of a speaker of the house, clerks of both houses, and sergeants at-arms, and other officers followed. Tomorrow Gov. J. A. Burnquist will be appointed: and will deliver his annual message to the houses in joint session. Then routine business will be started. Some Bills. The Farmers Nonpartisan league will place a number of measures be- fore ‘the legislature, including one authorizing state loans on farm lands under a constitutional amendment passed at the November election. The league also favors state control of grain exchanges, taxation on trades in grain futures, and a tonnage tax on iron ore. Creation of a state department of public domain, embracing bureaus of public lands, fish and game, forests, immigration, mines, highways and drainage and waters, each headed by a commissioner. * Elimination of © utisalaried boards and substitution of fleraoon, was devoted'to | BERNDT KILLED PEACE HOPES Bullet Plunges Through Heart in! War To the Last Blood Is De- mand of German Public and Press ALLIES’ DEFY ‘‘NOT WORTHY .OF ANSWER”. Former States Attorney About) England Preparing To Answer Recent Inquiry of President Wilson on Terms (United Press.) Berlin, Jan. 2—Peace hopes have been dispersed. It must now be a war to the last drop of blood. The written document received from the Entente Allies is not worthy of an answer. This is the belfef of press and pub- lic expressed today. Newspapers bitter in their criticism of the Entente Allies’ document claim that the only answer to rejoinder is by force of arms. The average man on the street seems to feel the same way about the document. Foree of Arms. “It is really surprising that ten men should sign such a document which is the embodiment of every kernel of untruth,” said the Lokal Angeiger today. “How shall we answer it? We say, only through the force of Von Hindenburg’s arms. The world is full of devils, let everyone in Ger- many do his utmost.” Crashing to earth of peace hopes did not mar the gayety of the New Year’s celebration in Berlin. Ambas- sador Gerard said today that he has not received ‘a copy of the ‘Entente Allies’ reply to Germany. DIPLOMATIC OPPORTUNITY, (United Press.) London, Jan. 2—There ig{a grow- ing belief here today that inthe ans- wer to President Wilson’s note, the | Entente Allies have a diplomatic op- portunity: to.-sersfortlr ehelr aime in’ the war. It is considered certain that the Allies’ answer will be another ident- ical note, of the same character as the one issued from Paris. England and France have agreed jointly to draft a note, written before one is written by other nations. This will be handed to Ambassador: Sharpe, and the: Eng- lish public hopes it will be a clear statement of the aims of the Entente Allies. England is today certain that the British food blockade of Germany and the German certainty of being beaten is responsible for the apparent anxiety for peace. Calf’s Fail on Man in Well Fatal John Clow, aged 43, of New Sa- lem, died last evening in one of the local hospitals from a fracture of the neck. Mr. Clow was dig- ging a well and was down several feet in the ground when a calif jumped into the hole, landing on this neck. He was brought to the hospital Sunday and every effort was made to save his life. Other members of the family were driving a bunch of calves in- to the barn when one broke away and landed in the well. GETS JEWELS. VALUED AT $25,000 Chicago, Jan. 2.—Instead of scream- ing when she found a burglar at her bedside, Mrs. John Borden, wife of the millionaire, calmly asked the in- truder what he wanted. He hastily departed, leaving jewels valued at $25,000 in the room. FIRST NATIONAL OF RYDER MOVES INTO NEW HOME Ryder, N. D., Jan. 1—The First National bank of Ryder moved into its new $10,000 home this week. The fixtures and furniture are of solid walnut. The floor of the vestibule and the lobby are of mosaic title. OH HHHHOHOH HOO HOHOHOOD © GIRL 18 CHAMPION PIG RAISER OF STATE St. Paul, Jan. 2—Because she stayed home from parties and cared for her pigs, Miss Ruth Cunningham, 16, is cham- pion pig raiser of Minnesota to- day. The award was made by the University of Minnesota agricultural school here, Ruth , Taised high brow pigs. Each day she scrubbed her pigs by hand, and followed that giving them a shower bath. Then she massaged each pig with oil daily. Comfortable couches’ were arranged for the pigs in the shade of trees on her father’s’ farm. Her pig menu consisted of milk, tim- othy, clover, salt, evel coal, GOSS FSHHSHHHHHOHOHHGHOHOOHHOD SPSSGHSSSHH HOG OOH OOOS ACT PEACE HECTHTIONS ‘Suggestion Made That Vote of] Confidence Be Given Wilson’s Move EXECUTIVE CONFERS WITH SENATE FLOOR LEADERS Action Would Mean Approval of All Recent Diplomacy of Administration WON'T GIVE APPROVAL. Washington, Jan. 2.—The third attempt in the senate to get that body to vote an approval of Pres- ident Wilson’s peace moves fail- ed today. When such a motion was introduced by Senator Hitch. cock, this afternoon, the senate refused to vote on it. The house refused to vote on a similar measure. (Associated Press) Washington, Jan. 2.—Congress_re- convened today after the holiday va- cation with a mass of work, notably railroad, appropriation and revenue legislation, on hand for completion be- fore adjournment on March 4. The . commearce.committye arranged hedrings on President Wilson’s sug- gestion for measures relating to rail- road control, and preventing hasty strikes, and invited representatives of railroad management, railroad organi- zation and the public to participate. Conference With Stone. Following President Wilson’s con- ference at the capitol yesterday with Chairman Stone of the senate foreign relations committee, administration senators took steps today to ascertain the sentiment of both Republicans and Democrats on the pending resolution stating the senate’s belief that his line of action in sending the recent peace Hote to the belligerent powers repre- sented “the overwhelming public sent- iment and earnest desires of the peo- ple of the United States.” (United Press) Washington, Jan. 2.—Congress may soon vote an endorsement of Presi- dent Wilson’s note to belligerents, should Germany resume unbridled sub- marine warfare. This implication grew today from a conference between President Wilson and Chairman Stone of the senate for- eign relations committee. Such an en- dorsement which would necessarily mean approval of all recent adminstra- tion moves is hedged in even deeper secrecy than that which marked the sending of President Wilson’s now his- toric peace suggestions. It is also be- lieved that in the conference between Stone and the president, the congres- sional investigation into so-called in cret diplomacy was discussed. Draft Presented To Italy and Russia Returned Unchanged by Those Allies BELGIUM MAKES A SPECIAL REQUEST Text Will Be in Hands of Amer- ican Ambassador at Paris This Evening LOOK TO SPAIN. (United Press.) Washington, Jan, 2.—King Al- phonso of Spain today stands as the most likely manipulator of the ultimate peace measures, En- tente allied diplomats here today told the United Press. King Alphonso, they said, is re- garded abroad now as the lead- ing neutral ruler, He has stood aloof from entering peace nego- tiations. These diplomats point- ed to Wilson having plunged into © the consideration of peace after he had been warned by the al- lied governments that such a move would be considered un- friendly, and had been strongly advised against such a move by his agents in Europe. (Associated Press) London, Jan. 2.—The final draft of the reply of the Entente to President Wilson’s peace note, which already has been approved by France and Great Britain, has been forwarded to Italy and Russia, and.ag nov ehadses | ol have been suggested thus’ far) from} those quarters, it, is not able}, pA that’ the ‘note Will be GeHvered ito the! wee sien American ambassador ih ‘Paris, Wil omob}ile is, to te.” liam G. Sharpe, within! short fite.| the -nnte r. Sharpe It is understood here th may possibly be handed to tomorrow. Belgium’s Request, However, Belgium made her request at the last moment that the statement of her case be added to the reply to the Central powers and similar addi- ions or delays may delay in the case of the no‘o to President Wilson. In its present form, the reply is about the same length as the note to the Central powers, and has the same characteristics of general guarded lan- guage. One of the most important points is a differentiation between peace among the present belligerents and such future arrangements as may be made for permanent peace, the pur- pose being to show neutral upholders a future permanent peace that is ob- tainable. PUBLISHED NEXT WEEK. Paris, Jan, 2.—The Allies’ reply to President Wilson’s note will not, it is understood, be published until the end of the week. The text has been completed and is now being consid- ered by the different cabinets. COMMITTEES ADJOURN WITHOUT AGREEMENT (United Press) Baltimore, Md., Jan. 2.—After a live ly session of committees that sought to unite the Methodist-Episcopal church and the Methodist church of the south is today adjourned without reaching an agreement. Mackensen Continues His Hammer Drives in Balkans Not Active on Other Fronts (Associated Press.) London, Jan. 2—In none of the fighting fronts, except the Rumanian, are there more than perfunctory ac- tivities by any of the belligerents. In the Rumanian war theatre, the re- Ports indicate that some of the heavi- est blows of the war are being struck by Field Marshal von 'Mackensen’s armies, The Teutonic attack is being press- ed by strong forces all along the curving front from northern Molda- via to the Danube. At the latter point, the bridgehead protecting Braila on both sides of the river is! being assaulted, and at last accounts the Russo-Rumanian positions at Matchin, on the Dobrudja shore was in process of being pressed slightly under the hammering of the ‘Bulgari- ans, Turks and Germans. Loss 800,000. In a statement in reply to the re- cently published review of the battle of the Somme by Field Marshal Haig, the Overseas News agency asserts that the British commanders’ state- ments in regard to the relative losses of the British and Germans was dis- proved by the German and British casualty lists. It states the loss of the Entente was 800,000. (United Press.) Paris, Jan. 2—Skirmishing along small posts around the woods north- east of Siery was the only activity statement ‘today. "The was generally calm, the statement said. SERIOUS THREAT. What seems to be the more serious threat to the Russian front, however, is developing to the northeast, where both the Petrograd and Eerlin state- ments show Teutonic progress at va- rious points, notably in the direction of Fokshani, north of Rimnik-Sarat, near the southern Moldavian border, and along the western Moldavian frintier, where the offensive of the Central Powers in the Transverse val ley is indicated as assuming notable importance. Danger of the western Moldavian line being rolled up and a retreat forced is being pointed out at the continuing thrusts at the Russo-Ru- manian front, as it curves southeast- ward from the Moldavian mountains and continues toward the Danube. The Russian resistance has not yet touched the line of the Sereth, which has been picked as the probable po- sition to be taken up by the Rus- sians for the protection of their southern frontier, and of their Bessa- rabian territory. On the FrancoBelgian front, to- day’s Paris statement mentions only skirmishes near the Lorraine border. (Associated Press.) Hegre their vigorous offensive, Senate Organizes Without Any Caucus Preliminaries ENTENTE’S ANSWER TD PRESIDENT (BASE CARRIERS COURT HOUSE) ENTENTE NOTE) RECENTLY TO CENTRAL POWERS} OF HIS ROUTE CONGRESS MAY jND DETAILS KNOWN rying Expenditure of $329,- 553,120 Reported Liquor Advertisements Into (Associated Press.) Washington, Jan. 2—The annual postoffice appropriation bill reported to the house today carried provie sions to Increase rates on newspa: Pers, magazines and other second class matter, by a zone syatem, estab- lishes penny postage on local letters and imposes heavy penalties for send: ing liquor through the mails. The bill would appropriate $329, 553,120, $47,000,000 more than the cur rent postoffice act, readjust rural car riers and increase the pay of a num: ber of employes. Protest Vigorously. Magazine publishers have protest+ ed vigorously against the rate in+ crease, which will affect only publi+ cations carried more than 900 miles, and Postmaster General Bur- leson proposed to Chairman ‘Moon, of the house postoffice committee, a sub- stitute provision to postpone the ef) fectiveness of the increase for a year after the measure becomes.a law. Increased Postage. The bill directs that hereafter cat- alogues and similar publications be classified as third class mail matter, with increased postage. : Another section provides that after the car can be reasonable throughout the year. Guarantee Fund. The postmaster general is authorig- ed to create a guarantee fund, from assessments to be levied on postoffice employes accountable for postoffice funds or property to indemnify the government. ‘Another provision would strengthen the anti-gambling law, df- rected against lotteries, if enterprises or schemes offering prizes depended on chance, One thousand dollars fine, two years’ imprisonment, or both, are pre- scribed as penalties for mailing I+ quor advertisements. NEW MASON HOME DEDICATED (United Press) Beach, N. D., Jan. 2.—With appro- priate ceremonies under the direction of the grand lodge, the new temple of Sunset lodge No 88, A. F. & A. M., was dedicated this afternoon, The lodge here is only eight years old, but has 100 members. The new building is 36x80, one story and full basement. The lodge room proper is 34x60, with bangut hall, kitchen and smoking rooms, Deputy Grand Master Turner of Dickinson, representing Grand Master Taylor, conducted the didicatory ser vices this afternoon, Walter L. Stock- well, Fargo, spoke following the dedi cation. Members of the Order of Eastern Star will serve refreshments after the ball this evening. CHIROPRACTORS 10 MEET (Special ot The Tribune.) Jamestown, N. D., Jan. 2.- practors of the state will gather ta convention here tomorrow at the Gladstone hotel. The principal, work of the meeting will be the discussion of health papers and the timely aube ject of infantile paralysis. The prege ent officers of the state association are: E. W. Windsor of Fargo, presi- dent; E. Dalke of Grand Forks, view president, and George S. Uewealt of Fargo, secretary treasurer. SHSSOOOCSSSSOH SOS HUGHES STARTS LAW PRACTICE New York, Jan. 2.—Back at the flat top desk he occupied when he made his big repute- tion in the insurance investiga- tion cases years ago, long be- fore he was even govermor, Charles Evans Hughes today once more took up the practice of law. Since he left the desk and the old office at 96 Broadway, Mr. Charles E. Hughes has. been governor of New York, justice of the United States su- 999999 9OOD erry TY ts Trier ed Postoffice Appropriation Bill Cars PROPOSED TO BOOST ees POSTAGE RATES Penalty Imposed for Mailing Dry Btates ys " Tegularity, PEO OOTOEEESE SEED ECE