The Bismarck Tribune Newspaper, April 9, 1917, Page 2

BESUSSRRSRRRRRESEREREE | Sple: A dollar of Ne four Stute spons ll < ww H té te annaitcasesty stream that the men might be with| their wives and children on the great) day of spring-time joy. E. J. Massey,! an auto man of Mandan and an em-; ploy of the Western Motor Sales com- pany, was to assist Lang. ‘The row-| boat, which the night before had made a perifous trip across the wat- ers, was secured, One story—and it’s | only @ rumor—says that the traveling men got together Saturday night ana} drew lots to see which would make the trip across that evening. Barwind and Prentice were among the two who would have to wait until morn- ing because of darkness. They we joined yesterday morning by Jolin A. Vale, and Von Hagen, both Bis- marck men with families here. Men Take Fright; Boat Capsizes. About a 150 feet from the banks the current was swift. A powerful wind | swept across the expanse. The men,! it is said, became frightened and the) juggling in the boat, caused ft to turn turtle. Each man carried a grip as he} stepped into the frail craft which was | to battle the raging Missouri. The to- | tal weight in the boat is believed to! have been close to 1,200 pounds. | F. M. Nelson of the Plant Rubber | company of Minneapolis, and an eye-} witness, stated yesterday afternoon | that frantic efforts were made to save the lives, but that there was not aj boat or any other thing in sight to go, to the rescue and that the victims} went down in a few minutes, Cities Plunged Into Mourning. | The annual parade of fashion and | spring-joy everywhere so abundant in | both cities was suddenly plunged into mourning. Scores of the residents of | the capital city were either going or| returning from the Faster exercises. | First reports were to the effect that] seven had drowned. Within a half} hour scores of automobiles left the} city and throngs taxed the Northern | Pacific tracks leading to the river. / Armed militiamen stationed on the Bismarck side of the Northern Paci- | fic kept the crowd back and would permit only men in uniforms and railroad officials to cross the bridge. Two men on speeders approaching | the main line or the Northern Pacific from the Mott tracks were informed of the tragedy. Speeding their ve-| hicles, they sounded the alarm in| Mandan. A relief special carrying a boat was dispatched to the scene. It} arrived too late to be of any assist-j ance. Boats were placed on the bot-| tom waters and-the search for the missing bodies continued until dark-j ness. The hats of the men were; found in bushes late last evening | about 80 rods from where the boat! capsized, Break News to Widows. | A delegation of Bismarck traveling | men late yesterday afternoon broke the news to the widows. Into the] little homes where colored eggs had} been made and the dinners held for} the arrival of “papa” a crowd of} neighbors gathered to console the! mothers and their little ones. Wives of | members of the Elks and the U. C. T.’s gathered. After the noon hour| passed and the mothers and the little! ones ‘became impatient to waiting, | several telephone calls were sent to! the husbands supposedly at Mandan. The long distance operators und arned: The calls were never answer- ed. “Wire me when you will get home.” This message was sent by Mrs. A.! Von Hagen to her husband at Man-} dan. He never got it. He was one! of the five that went to his death. Residents of Bismarck, Prentice, Vale and Von Hagen have made Bismarck their headquarters | from five to 10 years and all have! families. Barwind sa single man} about 50 years of age, and was one of | the best known traveling salesmen in| the, west, representing Gowan-Len-! hing-Brown company of Duluth. He, was of a very heavy build. A widow! and one child survive Jac le; a widow and three children survive A. Von Hagen; a widow and a boy four years old, Nat Prentice. Massey was also married and left a widow and a large family at Mandan. Story From an Eye Witness. Miss Winnifred Knudtson of marck, Miss Violet Schreider of Man- = ‘dan, Ralph Herring of Mandan and Leo Klein of Mandan, all employed inj the Morton county courthouse, were! in the vicinity of the Little Heart bridge at the time of the tragedy. Miss Schreider last night told her version of the story. “The four of us were down at bottom lands between the Bisma and the Mott tracks,” said Mi: Shreider. “Six of the men, each car- rying a grip, got into the boat. Mr. Lang and Mr. Massey were also along and they seemed to be the ones who; did the paddling. he River Was Free of Ice. “The overflow territory was free! from ice and when about 150 feet from land or | think about a distance of 500 feet from the Heart river bridge, the boat capsized. There was! no one near. \ “The men frantically fought with! their hands. The water didn’t seem! very deep for they seemed to be! standing. There was not a boat or! anything else in sight to rescue them! and they went down within a few) minutes’ time. At one time I thought) I saw something that looked like hu-| man bodies. but [ could not clearly | distinguish them as such for there| ‘were so many objects in the waters and the current. “I think the boat capsized because | of the heavy wind from the north- west and the strong current. Mr. Lang became caught in ‘something’; about 200 feet from where the boat} overturned and was rescued by Roy! Frost, a recent patient at the Mandan hospital and a Mandan railroad boy.| Frost collapsed on reaching shore.! Both were taken to the Mandan hos- pital. | Speeders Sound the Alarm. “Two speeders came down the Mott! life tracks shortly after the accident. | Some one stopped the men and they} hurried into Mandan and sounded the alarm. A special brought a boat to; the scene and rescuers began work.”; Intended to Make Trip. :Miss Schreider and her party in-) tended to cross the river in the boat/ before the men, but stated that upon: reaching the water edge they became! undeci Frost, rescuer of M. S. Lang. gave the following account of the coe to a representative of The Tri-/ bune last evening: im Messier and I had been at | “ “Willa: Heart fiver bridge, having been sent to try and get some hogs from the McGillic slaughter house. . We were about 60 feet north of the bridge ctossitg the Heart river on the south. branch when the accident oc- | N. F. PRENTICE N. F, Prentice was one of those for- tunates endowed with a winning per- sonality which left its impress wher- | ever he went. No one ever knew him as anything but “Nat.” He was every: | one’s friend; everyone admired him and respected him. Although only a boy in years, 34, Nat Prentice been on the road for 14 years, and he was a welcome visitor in every town and hamelet in western and central North Dakota. The deceased was born in Minne- apolis. At an early age he entered the employ of the Minneapolis Drug Co., with which he remained until his death. Nine years ago he was united in marriage with Miss Nellie Judd of St. Paul, who, with a four-year-old son, survives. He had traveled this territory for a dozen years or more, during all of which time he had made Bismarck his home. Only three weeks ago the deceased became a Shriner at Fargo. He was active in all intermediate branches of Masonry, in the Elks and in the Unit- ed Commercial Travelers. The fam- ilies of both Mr. and Mrs. Prentice re- side in the Twin Cities. had} aad | H. A. BARWIND | H, A. Barwind, “Harry” to his*hun- dreds of friends and patrons scatter- ed throughout western North Dakota, ; was one of the state’s veteran travel- ing salesmen i; point of service. He came to North Dakota 15 years ago to jsell groceries, locating at Fargo. Four years later when Bismarck be- gan to assume prominence. as a job- {bing center, Harry Barwind was one of the first Gate City salesmen to es- tablish headquarters here. He then took up his home at the Grand Paci- fic, among whose oldest guests he numbered. Harry Barwind was a high-grade salesman and a splendid type of citi- zen. Of recent years he represented in this territory Gowan-Lenning- Brown Wholesale Grocery Co. of Du- luth, and he ranked at the head of this company’s sales force. The de- ceased was Milwaukee, in which city his family is very prominent. He never mar- ried. Fraternally, Mr. Barwind was active in the Elks, the Knights Tem- plar and the United Commercial Travelers. He had planned in a few weeks to take the Shrine at Fargo, A ago he was a candidate for ssioner, making curred, Messler was standing on the railroad grade and I had just gone to get the boat, which was tied below the grade. Messler stood watching the men crossing the water who drowned and just as I had the boat loose Messler told me the fellows were in trouble and were drowning. I did- n’t wait for anything but jumped in the boat and rowed as fast as 1 could to the scene of the accident. Saw Lang First. “T first saw Mr. Lang and went to his assistance. I rowed against the current and was nearly exhausted when getting to where Lang was and saw two of the other men a short dis- tance from Lang. I don’t know who they were. With hands clasped as if they were going to die together they were stretched across the bottom of the boat. which had capsized. They were perfectly stiff. | was then about four rods from Lang and he hollered ‘Hurry up, I can’t stick out much longer,’ realizing I was going to him first. I found him with his back caught to the right-of-way barbwire fence facing north with his arms sticking upward perfectly stiff. Hard Time to Get Bodies, “He could not move, being perfect- ly numb. I then rowed my boat in front of him and got his shoulders on the edge of the boat an then sat on the opposite side balancing the boat and pulling his body toward me. 1 worked for about 20 or 25 minutes getting him in the boat. I looked around for the other two fellows, but they had gone down and I could see no sign of any one else. I then work ed on Mr. Lang a few minutes and hit for shore. 1 rowed as fast as | could and Lang, regaining the use of his arms ,helped me. When we got to shore I was all in. But when Lang went to get out of the boat, he could not move his limbs. I helped him out of the boat and then fell over, [ did not know anything until I woke up in the caboose and was on the way to town, I will never forget that ter- rible sight of the two men facing each other with hands clasped in }each others hands, stretched across the boat, seeming to know that they must die together. I did my very best to get them, but I could not make it. The men were rowing east- ward between. the Northern Pacific track and right-of-way fence and were a few feet of the road crossing when they went down.” Lang is at home, practically recov- ered trom his terrible experience and Frost was released from the hospital last evening. He said the terrible shock was too much for him and he worked with all his strength to make time to save all he could. He requir- ed the attention of physicians and his condition critical for some time yesterday ternoon, Two Widows Under One Roof. Two of the women bereaved by yesterday's tragedy—Mrs, Prentice and Mrs. Vale—reside under one roof. in the McCord apartments on Sixth street. Doth received telephone mes sages from their husbands Saturd evening advising that flood cond tions probably would make it impos- sible for them to get home that night. but that they would be home bright und carly Sunday to spend Easter with loved ones. Their wives urged them not to make an attempt to come at all if there was any danger, but no one until the accident occurred Sunday morning believed that actual danger wa sociated with the short voyage across the flood waters which separated so many traveling men from home and loved ones. Others Made Trip Safely. Local traveling men who crossed the flood water in the skiff with M. S. Lang on Saturday evening told of their experiences toda: the last train to cross the river Satur- day. Knights of the grip arriving on later trains from the west and from the Mott and Kildeer branches found themselves stranded in Mandan. Then some of the boys got busy and dug up a skiff which was stored some- where in town and hauled it to the river, M. S, Lang, in his desire to accommodate his friends, agreed to act as pilot. A number of Moatloads were carried across in safety ‘Satur- day afternoon, and many succeeded in’ finding accommodations on the switch engine, which ran across the big bridge shortly before dark. Jack Loftus, Carl Paulson and Os- car Hendrickson were among the last to come over, ‘Loftus stated there were seven in his boat when it made the trip, and the skiff dipped a little water, but there seemed to be no dan- ger of capsizing. A traveling man who was in the very last boat load which came over stated today that Nat Prentice and Harry Barwind were left on the ‘Mandan shore when the boat pulled out, the prospective passengers having drawn lots, and Barwind and Prentice having proved unsuccessful. It was then dark, and some difficulty was encountered in getting over. Prentice and Barwind shouted to their friends in the boat that they would return to Mandan and not attempt the trip that night. Heavily Loaded. The boat had carried larger num- bers than it contained on its last and fateful trip Sunday forenoon, but it had not before attempted to carry such a great weight. Both Barwind and Von Hagen were unusually large men, and besides them there were four others, all of good stature. As the boat pulled from the short, some- one remarked it would be a miracle if it “didn't swamp with that load.” and 2 few seconds later the’ swirling waters had claimed their prey. To the Bismarck Tribune's corres- pondent, at| Mandan, City Commis- siol M. S. Lang of Mandan, sole survivot of the Easter tragedy on the Missouri river which claimed _ five lives, today told how the accident happened, stating in part that the men realized they could not make the trip and were turning around when the boat struck the fence. “We were going to turn around be- cause we saw that the wind was com- ing up strong and that we could not make it,” said Mr. Lang. “As we were turning around, the bow of the boat ran into a wire fence and tipped us all out. “That was the last I saw men to recognize them.” of the Edward J. Massey, who had been in the employ of the Western Sales company since the opening of its Mandan ‘branch, last summer, had re- ided in Mandan for ten years or more. Formerly he was in the em- ploy of the Northern Pacific, but for the last eight or nine years he had been engaged in automobile repair work, being one of the best mechan- ics in the Slope region. The deceased was well known and liked on both sides of the river. For a short time he was connected with Bismarck garages, and his Mandan work trequently brought him to this city. He was a member of Co. F, North Dakota National Guard, and was about 32 years old. A widow and ifour children survive. FOR COURIER-NEWS. F. G. Neumier, who represented The Courier-News during the sessi is here on special work for his newspa per, which probably will occupy him a month, 2 years old, a native of TRAVELING MEN START DRACCING RIVER BOTTOMS Work Progresses Favorably With Drop of Five Feet of Waters of the Missouri SALESMEN NOT TO LEAVE CITY UNTIL BODIES FOUND Telephone Communications Estab. lished Early Today Between Bismarck and River With the government’s office _re- porting a fall of five feet in the Mis- souri river since 11 o’clock last night and 8 o'clock this morning, the work of dragging the bottom lands for the bodies of the five men who went to their death yesterday morning when the boat they were crossing the stream capsized, progressed more favorably, “Not a traveling salesman will leave Bismarck until the bodies of all the men have been recovered,” stated J. C. Oberg of Bismarck, representa- tive of the Winston-Harper & Fisher Grocery Co. of Minneapolis, who heads the committee of four, consist- ing of himself, Carl Paulson, Henry Zimmerman and Peter H. Throdahl, in charge of the rescuing work. Mass Mecting Meld. Fully 50 traveling men mustered themselves together in the dining room of the Grand Pacific hotel short- ly after 10:30 o'clock last night and laid plans for the recovery of their brothers. The, men said they would forego their salesmanship duties un- til all bodies had been brought to shore. * Early this morning a score or more were taken to the river over-flow lands and work of dragging began. Six boats were placed at work and this was increased during the day as committees located more boats, Cap- tain Baker of Bismarck supplied the boats which were used during the early morning hours. J. C. Oberg returned with several others from the river shortly after 8} o'clock. He reported then that about 20 grappling hooks, many of which were made in a Bismarck blacksmith shop last night. were being used. Call Made For Waders, With the fall in the waters came a call for waders. Every pair in the city offered to the men were pressed | into service. Hooks were attached to/ fish-poles and men in waders went| over the brush which carpets the bot-/ tom of the over-flow lands. Railroad| men and militiamen also assisted inj the dragging. One of the boats used was the boy scout craft which has been unused for several seasons and; which will hold about 12 scouts and{ about eight men, Several telephone men were in the party that left this morning and went to work establishing lines of com- munication between Bismarck and the district where the traveling men are working. The lines were in work- ing order carly in the day and as soon as a body was recovered the news was communicated immediately to the Tribune office. “~ River Crest 28 Feet. Groups of traveling men gathered in the hotels of Bismarck all day yes- terday. Considerable concern was felt that it may be some time before the bodies are recovered because of the high current in the vicinity where they went down. River men of years’ experience are of the opiniow Edward J. Massey that unless the bodies became en- snared on bushes or fence posts or other obstacles that they were car- ried far down the river. Last night the river crest was 23 feet and the ice still oked the channels of the stream. In the vicinity where the men are working there is little ice, S A report was spread over the city last night that the bodies of Barwind and Prentice had been recovered, but upon investigation the traveling men learned that it lacked foundation, An- other story to the effect that a man by the name of Curtiss, said to be a Twin City newspaper man, had gone under, also proved a wild rumor, as well as the report that Commissioner M. S. Lang of Mandan saved liimself by tearing his clothes from his body. INTERESTING WAR DISPLAY. Dr. M. R. Gilmore, curator of the state historical museum, this morn- ing took advantage of the war fever to place on display an interesting collection of recruiting posters, used in all parts of the British empire, which he procured in Winnipeg last winter. The display is well worth at- tention. IS AL QUET ALONGGTHE PATOMAC TONIGHT? j vent alien enemies from having fir | A. A. Von Hagen was one of the ‘best known grain men in western | North Dakota. At the time. of his |death he was associated with the Thompson Grain Co. of Minneapolis. Previously, he had represented the Russell-Miller Milling Co. | He was well known and esteemed | throughout the western territory, and was recognized as a substantial, suc- cessful business man with a future. His long residence in the western | part of the state had given him a | wide acquaintance. and he was a, man who was thoroughly familiar with: tlie ;Srain and flour business. With -Rus- sell-Miller he held a very important position as district representative, and more recently he had a similar connection with the Thompson people. Mr. Von Hagen was a member of the local council of the United Com- mercial Travelers and of the Bis- marck*lodge of Elks. He is survived by a widow with four small children, and by two brothers in this state, one residing at New Salem and the other at Belfield. The deceased was about 35 years old. ¢ t { A. VON HAGEN {| eer J. A+ VALE J. A. Vale, “Jack” to his legion of friends, was born in South Dakota, later locating in Fargo and going thence to the Pacific coast, where he engaged in business in Washington and Oregon. In the latter state he met and wed seven years ago Miss Ellen Ayers, who with a four-year- old son survives. Several years ago Mr. and Mrs. Vale came to Bismarck, which he made his headquarters in_ covering central and western North Dakota for the Grant Auto Supply Co. of Fargo. The deceased was 32 years old, a young man of unusual ability as a salesman, and who had a brilliant fu- ture before him, He was accomplish- ed:in many ways, as his success in handling a leading part in the Elks’ minstrels last January — evidenced. Clean cut, able and ambitious, he was a man who would have gone far had he’ been spared to round out the span of his life. Mr. Vale was a member of the lo- ca} Masonic order, of the Elks and the United Commercial Travelers, with al} of which he had been prom- inently identified. Both he and Mrs. Vale had been popular socially and had formed many warm friendships in ‘the capital city. MANY GERMANS ENLISTING IN MARINE SERVICE Chicago, April 9—Young men_ of German descent or origin are enlist- ing in the marine corps in larger numbers than those of any other na- tionality other than American, it was announced today. The number of re- cruits, however, is said to be far from satisfactory. MANY WAR RESOLUTIONS IN MINN. LEGISLATURE St. Paul, (Minn., ‘April 9—War measures claimed the attention of the ‘Minnesota legislature today. Two bills and two resolutions bearing on the war were introduced in the house. A resolution introduced by the Social- ist miember of ‘Minneapolis would urge on congress immediate seizure of all railroads and mines, confisca- tion of all incomes in excess of $10, 000, and enactment of laws making speculation in food supplies an act of treason. Another resolution would urge on congress that the financial burden of the war would ‘be borne by persons with an annual income of more than $7,500. (Representative Sudheimer of St. Paul was its au- thor. Representative Pratt. who is lieu- tenant-colonel of the Third ‘Minnesota infantry, introduced a bill designed to prevent interference with enlistment, and another vill inéroduced would pre- arms or explosives in their possi sion. HAS GRAIN CLAIM. J..H, O'Loughlin of Milton, who has a claim against a Twin City commi sion house which he believes to have been too’ ambitious in its dockage, called on the railway commission this morning to find that that ‘board would have no jurisdiction over his com- plaint, inasmuch as the grain was shipped direct to the Twin City house and not handled by any state ele- vator. PROCEEDING SECRETL’ Any action which Attorney General Langer may be taken in the alleged cu of intimidation and sedition re- ported to him from various parts of the state is being kept a profound se- cret. “It is very necessary,” said the attorney general today, “that we do proceed quietly. in this matter. Pub- licity, if the charges prove untrue, will do no good. Should there be some foundation for the accusations, pub- licity at this time might do conside able harm.” CREAMERIES ORGANIZE, State Dairy Commissioner J. J. Os- terhaus is home from Mantry, where a imeeting was to have been held to cou- sider the organization of a co-operative creamery company. Owing to a small- pox scare, the meeting could not be held, but Mr. Osterhaus interviewed a number of the parties interested, and suc seems assured for the enter- prise. En route home, the commissicn- er stopped ut Glanville, where steps are being taken for the organization of a co-operative creamery or cheese fac- tory. SHOOTS OFF \FOOT. Private Silver of Co. H, Jamestown, now on guard duty at Valley City, while-emptying his gun this morning, accidentally discharged the weapon, and, a steel-clad ‘Springfield ‘bullet plowed through his ankle and foot, in- flicting injuries so severe that ampu- tation may be necessary, advices re- ceived at the adjutant general's office today state. THE WORLD'S WORK FOR APRIL. “Have you ever let yourself consid- er for a moment what would be the effect on the world, on this country, on yourself if the Germans effectively Blockaded Great Britain with their submarines and starved it into sub- mission? It would rank with the most stupendous calamities that ever befell this troubled: world. Not a man living but would feel the effect of it in one way or another.” What such a Teutonic victory over the Al- lies would mean to the United States and to the entire world-is graphically set forth in an article by Edward G. | Lowry entitled; “If Germany Should | Win,” in the April magazine. TO LEAVE FOR NEW YORK. Governor Frazier plans to ieave to- morrow afternoon for New York City, | where he will make an address under the auspices of the People’s institute, {at Cooper Union, Friday, on the high cost of living. ' HERE FROM JAMESTOWN. {--Judge S. E. Ellsworth of James- town was in the city during the week {end transacting business and calling | on friends. COAL BIDS WANTED. | Sealed bids for 500 tons more or | less lump deep mine lignite coal; will be received up to noon, April 10, 117, at our office. Coal to be deliv- ered as wanted during the year end- ing April 10, 1918, at our various places of business and residences. in the city of Bismarck. Right reserv- ed to reject all bids. . OSCAR H. WILL & CO. WHAT CALIBER OF GUN MEANS Term as Applied to Artillery Is Cause of Confusion in the Popu- far Mind. Confusion as to the meaning of the term caliber arises chiefly from ite ise as an adjective to indicate length, as when we say “a 50-caliber six-inch gun.” The word caliber, as applied to artillery, signifies the diameter of the bore of a‘gun measured diametrically from face to face of the bore, of course somewhat larger. A gun, then, of six-inch caliber is gun whose bore is just six inches. For convenience and because the power of a gun when once ils bore has been de- cided upon depends so greatly upon its length artillerists are in the habit of defining the length of the gun in terms of the caliber. Thus the 12-inch United States na- val gun, which is 40 feet in length, Is spoken of as a 40-caliber 12-inch, the length being just 40 times the bore. ‘The 6-inch rapid-fire gun is a trifle un- der 25 feet in length and is therefore known as a 50-culiber gun. In the case of small arms the call- ber is expressed in hundredths of an inch, as when, we say a 22-caliber re: volver We mean one with a bore that has a diameter of .22 of an inch, Whose Uncle? A man learned of the death of an uncle in a distant state’and employed un attorney to get, for him _ his share: of the estate. Arter much de: lay the lawyer sent for his client and said: “T have collected: your share of your uncle’s property, and here is a state: ment of our account.” The account rendered showed many items of expenses, such as “taking de positions,” “notary's fees,” “court costs,” “traveling expenses,” etc. 9 considerable charge in favor of the at torney for his services and only a small balance for the nephew. After examining and pondering over the statement for quite a while the client looked up and said to the law- yer: “Was that your uncle or mine that died?’—West's Docket. Japs Like Fresh Air. The normal Japanese woman satis: fles the artist’s ideals as well as the surgeon's. The average woman iu Ja- pan today shows a figure that is as perfectly molded and of as true pro- portion as the woman of ancient Greece was able to display. Consump- tion is a rare disease in Japan; even winter coughs are of rare occurrence, The Japanese woman is taught from earliest childhood that life is impos- sible withqut a sufficient supply of fresh air, This internal cleansing with fresh air is deemed of more importance than the bath that usually follows it. Other People’s Things. Did you ever see a girl who would turn down the leaf of her library book to mark her place, when she wouldn't think of turning one of her own books in such a fashion? Did you ever know a boy who would leave a borrowed bi- cycle standing out in the damp, though he was very particular about his own things? It is a pity that little folks or older ones should ever be less care- ful of what belongs to someone else than of what is their own. Firemen’s Ball.—One of the big events for Monday night is the fire- men’s ball which will be held at Man- dan. Many from Bismarck are plan- ning on attending this annual event. ‘FOR SALE Choice Marquis Seed Wheat-Crop \915 HARVEY HARRIS & Co. BISMARCK PAVING CADE _ IS APPEALED Bismarck's paving squabble, involv- ing the question or whether District No, 2, comprising a large portion of the residential district of the city, shall be paved or not be paved, found its way into supreme court ‘Saturday, when papers in an appeal were filed by Judge Ellsworth of Jamestown and Attorney F. ‘H. Register of Bis- marek, representing the plaintiffs. This action originated in the ‘Bur- leigh county district court on appli- cation of Oscar H. Will, A. C. Hinck- ley, Arthur Van Horn and F. H. Reg- ister for an order restraining the city commission and the Ford Paving com- pany from paving the proposed dis- trict. Judge Nuessle denied the pe- tition, and now the supreme court is asked to pass on the matter. April 17 is the date set for the hearing. SUPREME COURT k FROM BURLEIGH COUNTY. Fred Bismarck ‘Strauss, Plaintiff and Appellant, vs. The State of iNorth Dakota and the County of Burleigh, Defendant and Respondent. Syllabus: (1). The clauses of Sec- tion 897 of the Compiled. Laws of 1913, which provide for a larger in- heritance tax or charge upon _ the property devised to or inherited by a nephew or niece than upon the prop- erty devised to or inherited by a co in or uncle or aunt, are not in viola- tion of the Fourteenth Amendment to the Federal Constitution. nor of Sec tion 69 of the Constitution of Nor' Dakota, which provides that “The leg- islative assembly shall not pass local or special laws for the assessment or collection of taxes,” nor of ‘Section 70 of the Constitution of North Dakota, which provides that “In alt other cas- es where a general law can be ap plicable, no special law shall be en- acted.” \Mandamus to compel the allowance of a final report of an executor with- out paying the inheritance tax pro- vided for by the statute. Appeal trom the District Court of Burleigh County. W. L. Nuessle, J. Judgment for Defendant. Plaintif? appeals. Affirmed. Opinion of the Court ‘by Bruce, Ch. J. Robinsoh, J,, Dissenting. i, being digqualified, did not ale, FB. McCurdy; marck, Attorney for Plaintift and al Tant., William Langér, “Attorney General, H,~A. ‘Bronson and ‘Dan V. Brennan, Assistants Attorney General, George F. Wallace and H.R. Berndt, Bismarck, Attorneys for ‘Defendants and Respondents. a | CITY NEWS i ———<—___—_——- Returns to Fargo.—Charley Ander- son, well known real estate man of Fargo, returned,.to,,,that city this morning after 3] ing several days in this part of the, state. ® Visitor From Halliday—Miss Hazel Byer of Halliday was an arrival in the city yesterday and was a guest at Uthe Grand Pacific hotel. *o% * Left For Fargo.—Edward Wood, assistant chief clerk of the lower house at the last session of the legis- ture and who has been holding mect- ings throughout the state for the Nonpartisan league, left this morning for Fargo to spend Easter. ‘+e # Dickinson Man Here.—w. A. Erick- son was an arrival in the city last evening and is a guest at the Grand Pacifice eee Traveling Men Leave.—Most of the traveling men from the Fargo, Minne- apolis and St. Paul wholesale con- cerns returned to their homes yester- day and today to spend Easter with their families. ‘CHICHESTER PLS NE DIAMOND Tay at Aak Jour Dra yet a tom, pho Actor ORL Cbte 5 JAMOND HRAND PILLS te te! years known as Best, Safest, Always Relibie SOLD BY DRUGGISTS WALL PAPER and men from the eastern decorating shops who know how to hang it, also painting and decorating of all kinds. Prices right. We are sure to please the most ‘icul: people, particular — H. J. MOE & CO. Phone 638 L INVESTIGATE, —And we will prove to your entire satisfaction that we are not only send- ing every student ty.a good position just a8 soon as competent, but that we have more calls for competent Bookkeepers and Stenographers than we can supply. If you wish to quality for a good position, let us tell you what we have done for hundreds of others. Write G. M. President ee fps Z lemarck = + and + AW Ny