The Bismarck Tribune Newspaper, January 17, 1917, Page 1

‘The Weather | Fair and Warmer. THIRTY-SEVENTH YEAR, NO. 21 Merchantmen of Al ROBINSON AND BRUCE ENGAGE IN BRIEF TILT Chief Justice and Associate Ex- change Compliments in You- man’s Reergument JURIST INSISTS UPON TRYING CASE ON MERITS Counsel and Member of Bench) Disagree on Technical Points of Petition Chiet Justice Andrew A. Bruce and Associate Justice James E. Robinson indulged in an open exchange of com- pliments on the supreme bench this morning during the -hearing of the petition of the plaintiffs for a re-hear~ ing in the case of Grant S. Youmans versus ex-Governor Hanna, Secretary of State Hall and other members of a former state banking board. Attorney Francis J. Murphy, for the defendants, was arguing that the court had no jurisdiction in the case, inas- much as the remittitur remained in the Ward county district court, the jurisdiction going with the remittitur. Associate Justice Robinson here inter- posed the assertion that he has in- sisted upon the repossession of aid ree mittitur, but that the chief justice. had held it was not necessary. In reply the chief justice suggested that there must be an end to litigation some- where; that Robinson had wanted the case recalled without giving counsel opportunity to-be heard, and that his stand was that the remittitur should remain in the Ward county district court until the question of granting a rehearing was determined, when, if a rehearing was granted, it could be re- called. Incidentally he remarked that Associate Justice Robinson had denied two petitions. for’ rehearing without giving counsel an opportunity to be heard. t “That assertion ia,untrue;*cried-As- sociate Justice Robinson. Then other members ‘of ‘the court stepped in, and hostilities ceased for the moment. ant e Would Trz0n Merits, “You make a mistake in arguing this case on technicalities,” Judge Robin- son assured Frangis J. Murphy, attor- ney for the origindl defendants. “Your honor,” yeplied Mr. Murphy, “I have made thistakes before and probably will make them again, and I pray your permission to make them in my own way, without advice from your honor.” “There is,” continued Murphy, “nothing before the court but. the ques- tion as to whether three members of the court which denied this rehearing last December were disqualified.” “That,” said Robinson, “is a minor matter. If this court stands for any- thing at all, it will try the case on its merits.” Murphy then argued that the court had no jurisdiction upon which to try the case upon its merits, as the case rests in the Ward district court. “This court, your honors, has only such power as conferred by law. Ido not understand that this court maj take unto itself such special privilegés as it may see fit for special occasions. 1 do not believe that this court in- tends to hold itself above all law and unanswerable to any law.” Expresses Opinion. Before the opening of the argument on the petition for a rehearing, Asso- ciate Justice Robinson in, general terms éxpressed his opiniog, of, the case. The chief justice suggested’ehat, opinions should not be formed until arguments had been heard. Congressman James Manahan of Minnesota and Arthur LeSuer of the Kansas Socialist, are representing the plaintiff, while Miller, Zuger & Titot- son, Linde & Murphy and other attor- neys have the defendants’ interests in hand. Francis Murphy was the only attorney appearing for the defense in this morning’s.argument. The supreme court room was packed with legisla- tors, attorneys and capitol employees, with a fair sprinkling of - women. ‘BOBS WIFE 1S COMING Mrs. Bob Fitzsimmons is coming to Bismarck. The wife of the ‘famed ‘pugilist will speak at the Salvation Army hall Sunday evening, January 21, Announcement that she would fill a date here was received by Captain James Murphx of the army corps this afternoon. WOULD REPEAL BOXING LAW. (Associated Press.) St. Paul, Minn., Jan. 17.—The first definite step in a movement to repeal the Minnesota boxing law, enacted at the 1915 session, was taken today, when Senator Ole A. Sageng present- ed a bill in the state senate which would repeal the present law. 0999009990900 00 ‘@ LEEDS FARMER DEAD ° ‘RESULT MULE BITE. ©, Place Lid on Leak Probe for F “ew Days Committee in Meantime to Plan on Extending Inquiry Into Investigation J. P. MORGAN AMONG THOSE SUMMONED UNITED PRESS THE BISMARO! llies Sunk By Teutons HEAVY LOSS OF HORST THES KCK AT STATE CONSTITUTION Former Head of A. C. Says It Was Inspired by Interests Twenty-Seven Years of Age To Employ Counsel and Account- EMPHASIZES NEED FOR ants if Necessary To Get All the Facts (Associated Press.) Washington, Jan. 16.—Today’s ses- sion of the leak hearing was suddenly postponed ag it was about to open. Meanwhile the‘committee will make its plans for extending the inquiry into a general investigation, forecast when it yesterday summoned J. P. (Morgan, Frank iA. Vanderlip, Henry P. Davison and other well known fin- anciers, Some of them were on hand today, waiting to go on, and Mrs. Ruth Visconti, the woman who La’ son says told him that Secretary Tu- multy was involved in the leak. The committee has decided to ask permission of the house to employ counsel and accountants and an ex- tension of 30 days in which to report, said Representative Garrett today. Another witness who arrived before the postponement was announced was Planning ‘Fisk of New York, described by (Lawson as the man who told Arch- ibald S. White, he “controlled” Secre- tary McAdoo, John R. Rathom, ed- itor of the Providence Journal, whose news dispatches regarding the leak (Continued on Page Three.) HERO OF HANLA BAY DIES I EGTIETH YEAR -Plans for His Funeral ‘Discussed by Admiral Badger With President Wilson NEWS OF DEATH FLASHED TO ALL NAVAL VESSELS (Associated Press) Washington, Jan. 17.—Funeral ar- rangements for Admiral George Dewey who died here last night, in his eight- ieth year, were discussed today be- tween President Wilson, Secretary Daniels and Rear Admiral Badger. The funeral probably will take place Saturday, and interment will be in Arlington National cemetery. American naval vessels and stations throughout the world received word by wireless of the admiral’s death, with orders to display flags at half mast. - It has practically been decided to hold the. funeral services for the Ad- miral in the capitol under the dome, Saturday morning at 11 o'clock. The body, however, will not be viewed by the public. 7 Admiral George Dewey, “hero of Manila Bay,” fought and won the first great American naval battle against a foreign foe since the War of 1812. His whole life was full of honorable achievement from the days of the Civil War down to the time when, as the head of the general board, he began the last chapter of his work by laying plans for the defense of his: country in time of war. His life was a stri- king examplification of the possibili- ties of a career based upon the exact and intelligent performance ‘of every. routine duty which molds a man on inflexible lines of duty and honor. One.of the curious freaks of fortune in Dewey’s case was' that for perhaps the first and only time in his naval career he was disposed to protest against the edict of the navy depart- ment which. carried him into the far east, where he was destined to per- form the greatest feat of his life and to win imperighable renown. That was back in 1898’ when the war clouds were gathering and. Dewey felt that he was being “shelved;” that the war with Spain was to be fought out in the Gulf of Mexico and in the Carib- bean Sea and that he, distant by half the circumferance of the globe, would stand no chance of winning glory, for at that moment no thought whatever had been given to the Philippines. But he took his orders and. like a true soldier obeyed them. The result is a page of history under date of May 1, 1898. A y Contrary to Spanish expectations, Dewey sailed into Manila Bay on the night of April 30 and in the morning of the next day he annihilated Admiral Montojo’s squadron, destroying eleven warships and capturing all other ves- sels and all land batteries without the loss of a man on the American side.. Upon his triumphant return to the United States he was feted by the na- tion. His admirers presented him with a beautiful home in the national cap- ital. Congress gave him an engraved @, sword, and raised him from the rank of commodore’ to rear-admiral and @ Leeds, N D., Jan. 17.—Ed. | tien to the full rank of the Admiral of ©, the navy. GREATER CO-OPERATION Afternoon Devoted To Discussion of Proposed Equity Pack- } ing Plant (Associated Press.) Fargo, Jan. 17.—The present North Dakota legislature is “between the devil and the deep blue sea,” was the opinion expressed by Dr. John H. Worst, former president of the Agri- cultural College, and founder of the Tri-State Grain and Stock Growers As- sociation, speaking today before 1,500 members of ‘the association, in. the an- nual convention here. Dr. Worst de- clared that the legislators have an in- spire document, “inspired by the in- terests 27 years ago,” on one side, and “the will of the people expressed at the last election,” on the other, with respect to the proposed constitution. “As long aa the people permit them- selves to be divided into political par- ties, so long will they remain slaves to the interests,” continued J. H. Worst. An enthusiastic Equity meeting was held auxiliary to the Tri-State Crain Growers’ convention today, when dis- cussion favored the Non-partisan league's state owned packing plant program. Over 3,000 grain growers are in Fargo from, these states, attending the convention, which is being featur- ed by a Fargo home products show, and further enlivened by a Gibbons ‘boxing match at the Auditorium Fri- day. Hotels are packed to standing room only. f He emphasized the need of farmers controlling the prices of raw as well as ‘marketed products and the German system of the ‘state backing the pro- ducer by loans and securing loans to ‘them. Other speakers included R. S. -Mc- Intosh, Minn., state lecturer on horti- culture, outlining fruit possibilities, and Prof. J. S. Sheppard, of the Agri- cultural college, speaking on feeding problems. The afternoon was devoted largely to a discussion of the co-operative packing plant to be erected next year. NEW LODGE FORMED. (Special to the Tribune.) Halliday, N. D., Jan. 17.—Halliday Camp No, 10,953, 'M. 'W..A., was organ- ized here by District Deputy Coret of Minot. The following officers wil compose the new lodge: Consul, W. T. Brooks; advisor, Irvin Lewi: banker, I, S. Everson; clerk, N. D. Campbell. The lodge was organized by a large charter membership and has bright prospects of becoming one of the largest Woodmen camps in the state. FAMILY ROUTED FROM SLEEP BY MORNING FIRE (Special to the Tribune.) Mandan, N. D., Jan. 17.—The home of J. E. Swanberg, 12 miles southwest of Mandan, was destroyed by fire yesterday morning at 8 o'clock. The mother carried her baby a mile, garb- ed in a night dress. Twelve other members of the family walked through the snow in 30 below zero weather to the nearest farm house. The 13-year-old boy froze his feet, am- putation of toes being necessary. Swanberg had $700 insurance. on his home. ENGLISH FIRM TO WAKE SHELLS FOR NAVY DEPARTMENT (Associated Press.) Washington, Jan. 17.—Contracts for armor piercing navy projectiles of the 14 and 16 type, totaling $3,141,000, were today awarded by Secretaty Daniels to the Hadfields, Ltd., the English munitions company. — Bids from American firms were more than $200 a shell in excess of the bid of the Hadfields concern. KING ALPHONSO ’ PLANS PEACE COU! (Associated Press.) Madrid, Spain, Jan. 17.—In the‘en- tourage of King Alphonso there is a feeling that his majesty is likely to take an important part as an inter . TRIBUNI ASSOCIATED PRESS Boy Convict Tribute To Poor Schools Peter Meininger in State Peniten- tiary Today Because Educa- tional System Failed NOT A DAY’S SCHOOLING IN ELEVEN YEARS HERE Young Man Sentenced Today Cannot Read or Write English Because our rural school system did not reach out and grasp Peter Mein- inger, 11 years ago, when he came from ‘Hungary to western Morton county, a motherless boy of 10, Peter today is a convict in the North Da- kotag state penitentiary, where he will spend the ensuing year at hard labor in expiation of a crime commit- ted through ignorance of American laws and institutions. ‘Peter was ‘born in Hungary, 21 years ago last May. His mother died when he was 5, and six years later his father brought him to America, settling in western Morton. Peter had attended school for two years in Hun- gary and had learned to read and write German. That. was as far as his education ever went. From the time he came to America until he stood before Judge ‘Nuessle, at 2:30 this afternoon, ‘American institutions utterly failed to touch him. He goes to the state prison a victim of a rural educational system which is insuffi- cient. He goes there, a naturalized citizen of America, a resident of ‘North (Dakota for more, than half his life, and yet unable to read a word of English, with, his ‘English vocabulary limited to a very few. phrases, and with as little familiarity of American laws as could be,expected from an im- migrant arrived but yesterday. (Meininger. Was convicted at the De- cember term on a statutory charge. ‘He was unaware that a crime had been committed until he was arraign- ed in court. No one in bis commun- ity had ever told him. Judge Nuessle in sentencing (Mein- inger said he was inclined to comply with, the. jury’s..racommetdation.. 79r clemency, but that the least term of imprisonment which he could ‘impose under thé circumstances was one year at hard labor, to begin at'tlooh téday. He pointed to the'necessity for and the wisdom of the laws which the state has enacted for the protection of its young women d stated that the fact that Meininger and the girl victim were unaware of the existence of thege laws could not affect the pen- alty to be imposed. SFARCH BEGUN FOR AVIATORS LOST IN MEKICO (United Press.) Calexico, Jan. 17.—Search for Lieu- tenant Bishop and Lieutenant Robert- son, lost United States army aviators, began in earnest here today. Three United States army aeroplanes started a reconnoisance over Lower Californ- ia’s barren wastes. The ascent was made from the Mex- ican side. Each of the aviators start- ing the ascent thought that the United States aviators would be found alive. It was generally thought that the men had been merely forced to descend be- cause of a lack of gasoline, and were subsisting somewhere on the desert. Reports that the men were seen flying over Nabacolla in Sonorastate, will not affect the local program, it was announced by officials today. Captain Herman Burgue, who was lost in the Chihuahua desert for sev- eral days, while assisting General Per- shing in the search for Villa, was the first aviator who eagerly sought to aid in the search for the two men now missing. He yesterday made a pre- liminary flight, travelling over a por- tion of the territory in which the miss- ing men might be found. The arrival of the army birdmen is not halting.the search being: made to- day “by automobilists and civilians along the border. JANITORS. BANK FIRES AND’ LEAVE THER FLATS (Associated Press) Chicago, Jan. 17.—Janitors of 400 Chicago flat buildings went on a strike today to enforce a demand for a ten per cent increase in wages. As a con- sequence, occupants of many of the buildings were without heat. Nego- tiations between the janitors and apartment house owners have been in BRITISH ADMIT TEN BOATS WERE SENT TO BOTTOM Eight Flew English Flag and Two Were in Service of the French Government JAPANESE BOAT PICKS UP MANY SURVIVORS Unofficial Dispatches to Admiral- ty Give the Raider’s Name as the Benita London, Jan. 17.—The British admir- alty today officially announced the sinking of: eight British and two French merchantmen by a German raider, Other dispatches, which were unofficial, mentioned the name’ ofthe raider as the Benita. The ships were sunk in the south Atlantic, the official statement said. Jap Boat to Rescue. This announcement was made fol- lowing the receipt of dispatches from Buenos Aires, stating that a Japanese steamship had arrived near there with survivors of several sunken vessels. The Japanese ship Hudson Maru also landed there the master and 237 of the crew and passengers of a mer- chantman, which had been destroyed by the raider, The admiralty this afternoon issued a supplemental statement of the fate of the ship Theodore, This vessel was captured by a German raider. .,, A German prize crew was put aboard and then the Theodore captur- ed the Yarrowdale. On the Yarrow- dale were placed 400 of the crew of other vessels that had been captured or sunk, but the admiralty did not have any information about the Yar- rowdale. CAPTURE TWO CRAFT. (Associated Press) ‘London, Jan. 17.—Right Britfsh ‘and two Brench merchant vessels are be- lived to have been sunk by a,German raider, The steamships St. Theodore and Yarrowdale were captu Their whéreabouts are unknewn, tome Most of these boats when last re- ported were in the South Atlantic, in- dicating that the German raider has been at work off the South American coast. At Norfolk, las was picked up a wire warning that. a German raider was off the Bri ian coast near Pernabumco last F day. The message was addressed to all ships and placed the vessel in lati- tude 7 south and longitude 25 degrees west, The German vessel was de- scribed as of about 4,000 tons, and well armed with torpedo tubes. She had one black funnel and two masts. NORWEGIAN BOATS SUNK. (Associated Press) London, Jan, 17.—Lloyds shipping agency announces that the Norwegian steamers Solvag and Otta have been sunk. DANISH WEST INDIES UNDER (Associated Press.) Washington, Jan. 17—The Danish West Indies passed today under the sovereignty of the United States. Ne- gotiations continued for over a half century came to a conclusion with the exchange of ratification by Secre- tary Lansing and Danish Minister Brum. Formal transfer of the islands with the raising of the American flag will take place as soon as the $25,000,000 purchase price has been paid. SHERIFFS TO MEET SOON A convention call for the members of the sheriff's association of the state will be sounded about February 5 by | J. P. French of Burleigh county, pres- ident of the organization. The meet- ing will be for the purpose of discuss- ing matters pertaining to the office as well as any legislation which may be proposed between now and the time that the members convene. CHICAGO FACES SERIOUS COAL FAMINE (Associated Press.) Chicago, Jan. 17.—All railroad pres- idents with offices in Chicago are to be asked by the Illinois Public Utili- ties commission to use all the motive forces of their roads for at least 48 hours for bringing coal ta Chicago to avert a predicted famine. BLACK BUTTE FARMER FOUND DEAD IN SHACK night, there] + OUR SOVEREIGNITY: Head of the ° German Navy anni Adri von Copelle He was appointed head of the im- perial admiralty in March, 1916, suc- ceeding Admiral von Tirpitz, It was officially stated von Tirpitz resigned because of old age, but it was report- ed he was forced out because he fa- vored continuance of ruthless subma- rine warfare, which, after exchange of notes with the United States, was disapproved by high German officials. Toll Taken by Submarines Latest figures on German U-boat ac- tivity show 782 ships were torpedoed between February 18, 1915, when Ger- many began her submarine campaign, and August 1, 1916. The total loss of non-combatant lives on these vessels was 2,624. This does not include lives and ships lost by vessels striking mines. German submarines sank 651 mer- chant vessels of the Allies, ‘n tins time, and 131 neutral ships. According to a British report, 37 ‘British merchant ships were torpedo- ed without warning between ‘May 7, 1915, when. the- Lusitania -went-down;: and May 10, 1916. The same report claims 22 neutral.merchantmen were sunk without warning. Ships Lives Bunk / Lone, September .. October November March April ‘May ... June 9 duly. : August .. 63 September 30 October ... 22 November . 210 December ........... 27 82 1916 January 16 321 February . 3019 115 March .... - 4 34 April wae 96 141 May . + 60 48 June 68 sates July . 59 7 The ai iB clude: Hawke (Bri.); Lusitania, with 1,250 julflight and Goliath; Armeni- an (Cri.); Arabic (Bri.) with 39 lives, ns; Persia (Bri.) with 181 lives; Silius (Nor.) with 7 Americans aboard; Cymric (Bri.). GREECE CONSENTS TO ACCEPT ALL ENTENTE DEMANDS (United Press) Athens, Jan. 17.—The crown council of Greece today decided to accept the Allies’ entire ultimatum without re- serve, it was officially announced to- day. This report was carried to the waiting diplomatic representatives of the Entente Allies. The release of several Venizelos prisoners is believed to be imminent. STORM VANDENI. (United Press) Petrograd, Jan. 17.—Russian forces have stormed and recaptured Vandeni, a Rumaaian city, according to today’s official statement, REPULSE ATTACKS. (United Press) Paris, Jan. 17.—French patrols pen- etrated heights in the vicinity of the Meuse and also into the Monterey for- ests and German counter attacks against these positions were repulsed, an official statement issued today said. MINOR ENGAGEMENTS. (United Press) Paris, Jan. 17.—After a continued | LIFE REPORTED Said To Have Preyed on. British Commerce SOUTH ATLANTIC I8 to Ascertain if. Neutrality! Was Violated Hs (United Press) Benita, sank 19 merchant steamers to meagages. from. Pernambuco and are being Janded. 40. Perish is Report. vessel by the commerce: raider: was Pernambuco a detailed official ‘report of the stories of the survivors to. was violated. May be the Benita.” Many of the survivors landed were Indians. These said that the raider was painted a deep black and did not carry a name plate. This was contrar dfctory to the stories of other. surviv- ors who said that the vesgel. was the Benita. Venex is Name Given. The number of merchantmen, sunk by the new German commerce raider was today believed here to be; raised to 20, with the sinking of another vep- to. be the name of the raider. ; The latest German raider apparent: ly, set a resord, exceeded only. by the. ‘Qniden, according to’avaflable : figutes; ape Emden is said to have accounted or, n |) (Antoclated Peegs,) gh the operations of a German ably in the South At- missing Voltair and Georgic are :be- lieved to have been sunk and two Brit- ish steamers captured, London ad- vices state. f ‘The Russians, who have been gtving evidences of increasing powers of re- sistance to Field Marshal Von Mack- ensen’s pressure, along the Sereth line in northern Roumania, have now taken the offensive and recaptured the: town of Vadeni, six miles southwest of Ga- latz, according to an official announces ment from Petrograd. f On the Somme,,German troops at tacked near Cleary,,and Biaches, but were repulsed, according to , the French war office. Greece has accepted without reserv- ation the ultimatum of the Entente, according to news agency advices from Athens. NORTH DAKOTA. OVS TO LEAVE FROM ARCENTIE German Commerce Raider Benita SCENE OF DESTRUCTION Argentine Making Investigation Buenos Aires, Jan.. 17—A4 German commerce raider, believed to be the and two French schooners, according Rio de Janiero, where the survivors It {8 beljeved that in addition to” these vessels, another British ship has becn lost, with all on board, number- ing 400, perishing. The sinking of this without warning. The Argentine min- isty of marine today ordered from the certain if the neutrality of Argentine sel: reported. The Venex is reported: BOROER JAN. 93 San Antonio, Jan. 17.—The First North Dakota infantry will leave Lano Grande January 23, proceeding to ‘Ft. Snelling, Minn., to be mustered out, of the federal service, according to the announcement at department head- quarters here today. With its -depar> ture the last of the organization -in- cluded in the 16,000 troops ordered home from the border will have.re turned. VADENI CAPTURED. (Associated Press.) Petrograd, Jan. 17.—The war office announces recapture of the village of Vadeni in Rumania, six miles. south: west of the Danube town of Galatz.. * OOOOH HOH SOOOHOOOD ©.GET TOGETHER CLUB e AS CUPID'S AID @ (United: Press) r4 Chicago, Jan. 17.—Cupid, and @ girls who overlooked their chance @ last year, have an ardent. ally @ today in Mrs. Elizabeth Guicn @ Dormer, corresponding secretary: @ of the Chicago Social clab. - Her @ duties are to bring sighing @ ®,.swains and blushing maidens, © ©® who otherwise might never mest, @ ® together. Object, matrimony. .@ © The chief aim of the club, ® ever, is to establish a widéle @ course between the COSCO OOHD Regent, N. D., Jan. 17.—A. L, Patter-| bombardment, reported earlier this son, a farmer, was found dead in his} week, the Germans last night attack- ® clubs and cheap. cabarets; @ Roy, farmer, is dead today; mediary between the groups of bel- r . from injuries sustained from | Admiral Dewey was the third Amer-| ligerent powers. when an opportune! Progress’ several’ weeks and many|shack near Black Butte yesterday | ed east of Cleary and south of Bianche | first meeting, of the organizatiog, © from one of his mule's biting © ican to reach’ that pinnacle of naval| hour arrives. That time still Is con-|ownefs met the demands, but to se-|at noon. Failure to observe him about | but all- attacks were repulsed... The | attended by 100 den: @ his foot. The. mmuie; had been @ rank. Farragut was the first and Por-| sidered here as months distant, prob-. cure complete compliance the janitors|his property during the customary | Germans also: launched. a. smaller at-; © atudents, department stor @ fed:on corn all its life. ter the second. yt ma under Farragu it‘ ably. not until the heavy: fighting in banke@-their fires-last night and-re-|hours resulted in an investigation. The j tack near Parsnes, but this also was] © stenographers. SCOP SHO OHOOOOOD oa ~. prospect has taken place. fused to return to work today. house was locked. - Tepulsed. e OSH SSOH SOOO