The Bismarck Tribune Newspaper, December 11, 1917, Page 1

Ri Bis * c Weather Generally fair. BISMARCK, NORTH DAKOTA, TUESDAY, DECEMBER 11,1017 SMIRTY.SEVENTH YEAR, NO. 292." (3. NEGROES, ARE HANCED “FOR MUTI ecuted Upon Ft. Houston Reservation — FORTY.ONE SENTENCED When Men Answer Court’s Sentence San Antonio, Tex., Dec. 1!.——Thir- teen of the negroes of the 24th In: fantry, U.S. A. found guilty of com- plicity in the riot and mutiny az Houston on August 23, were hanged on the military reservation at Ft. San: Houston at 7.17 o'clock tu\s morning. Announcement of the carrying out of the sentence was: made at -headquar- ters of the Southern Department ai 9 a.m. Only army officers and Sher- iff Tobin, of Bexar county, were pres- ent when the sentence was carried out by soldiers from the post. No news- papermen or spectators were allowed, the time and place of execution hav- ing been kept secret. 41 Get Life Sentence. Of the sixty-three men tried by the same court martial forty-one were sea- tenced to. life imprisonment. Cne man was sentenced to dishonoravle discharge from the army, forfeiture of all pay, and allowances ‘and to de con- fined at hard labor for two and a halt years. Three “were sentenced ito be dishonorably/ discharged from, the ariny, ‘forfeit, all pay .and allowances end confined at hard labor for’ two ayears. Five were acquitted. Following the hanging ¢f the thir- teen men, the’ chief of staff. of the southern department gave out a writ- ten statement, at tue same time refus- ing to answer any questions. ‘fhe hanging of 13 negro troopers for complicity in the Houston: riot was. unknown to practically all the officials of the war department until it was an. nounce dat Ft. Sam Houston. Doub:- less death sentence of the court mar- tial and preparations for the execu- tion were known to a few officials, but so far as can be: leariied; the de- partment -commander carrio.dout tie execution .ga,routine affair as he is, warranted gt do in time of war and only madéYhe usua’ formal report which: wa¥? reteived here after the news dispatches. Were the country at peace, the exe cutions would have required the a proval of the president. In time ot war, however, all such authority is decentralized and placed with re- sponsible commanders. No such wholesale execution in the army has occurred within the mem- ory of the present generation. The last of its kind was the execution of members of the so-called “St. Pat- rick’s Battalion” by General Scott, during the Mexican war. Members of this battalian deserted, joined the Mexican forces, later made their homes in Mexico, marrying Mex- ican women, and many of their decend- ants are now found there, natives of that country in all respec‘s, but bear- ing .names quite foreign to the lang uage they speak. 'Good-Bye Boys.” “Good-bye, boys of company C” were the last words uttered by the condemned men of the 24th United States infantry as the traps were sprung and they dropped to their death. The execution took place in an ar- royo about two.aniles east of Camp Travis, on a great scaffold which had been erected during the night by en- gineers from the post. A column, consisting of approxi- mately 125 cavalrymen and 100 in- fantry, assembled at the cavalry guard house, where the negroes were con- fined, at 5:30 a. m. today. Colonel M. F. Waltz, post commander, was in; command of the column, and led the way. Without a tremor, they stepped out in soldierly tread and singing a hymn they walked to their places. Prayers were said by a negro minis- ter, and by two army chaplains, and then the men were ordered to stand; on the traps. Resuming their song, they stood erect and displayed the greatest fortitude while the ropes were adjusted. The major in charge of the execu- tion gave the order and the traps were sprung. At'the word of com- mand, the 13 negroes dropped to their death. Eleven of them died almost instantly, the other two quivering a moment or two after the rope becume “No civilian spectators were allowed at the execution. Recruiting Attains to A Meridian Washington, Dec. 11.—Reguiar army recruting for Saturday and Sunday reached a total of 4,496, the highest mark set since April 1, even for a week end period. Mon- tana leads all states with 291 men accepted. The total war volun- Those Guilty of Recent Riot Ex- TO LIFE IMPRISONMENT Only Army Officers Present FTALIANS MAKE GALLANT STAND AGAINST. MASS. ATTAGK OF GERMANS; HOPE TO: TOL Italian Headquarters in Northern Italy, Monday, Dec. 10.—A visit today to the headquarters of the major gen- eral commanding a division of heroic Alpini and Bersaglieri disclosed the story of the manner in which this divi- L_ Sion held the heights back of the Asia-! &Q plateau until it was cut to pieces and the remnant was compelled to fall back to its present new line. The general is now engaged in reforming his shattered forces, which were seen in long lines along the roads, prepar- ing to go back into the fight. toward the close of the fight, collect- ed the remainder of the men of the division and led them in the final charges until.the order for retirement. came, gave a first hand description of the struggle. He said there were three Bergsaglieri regiments, some Alpine battalions and one other regiment in the division. The guns were ranged back of Asiago when the enemy’s drive reached its maximum intensity last Wednesday. For 24 hours one regiment had held. Mont Tondarecar, ; until its platoons had been reduced from 30 men to six. It was then :hat the battalions of Alpini were sent to , their relief. The Alpini fought their way up the A major of the general ‘staff, who! THE BISMARCK TRIBUNE == HOLESALE EXECUTION FOR MU EDERAL CONTROL COSSACKS CET FOR RAILROADS | READY 10 FIGHT SEEMS PROBABLE} THE BOLSHEVIK Chairman ‘Adamson of HouseCom- Reds Fear Counter Revolution mittee Indicates That This is { And Set Up Guns in Petrograd Inevitable Streets D LINE IN NEW DRIVE hill, gaining the summit against heavy odds, only to find their comrades cut to pieces. Most of them were lying jdead from stab wounds. Now the Alpini battalions found themselves in the center of a concentration of en- emy forces, which gradually encir- led them. Some of the battalions maneuvered and were carried back and forth in the fury of the fighting. Others remained on the summit with the enemy surrounding them. At 9 o'clock on Wednesday morning, the colonel of -these battalions sent his last report to the generals. It said: “The enemy is on all sides and | am about to charge.” That was the last ever heard of him or any of his men. The enveloping masses of gallant Alpini and the Alpini band, which had gone to rescue the Bersagleri, was wiped out of existence. The major who recounted these events gathered the remnants of the division and fought out the,remainder of the day until the new Italian line of defense was formed across the Franzella and Gazena passes leading to the Brenta valley and plains. It is here the lines are now resting, with good prospects of holding. All officers are confident of holding when the new attack, which is expected in a few days, is made. GENERAL KORNILOFF I8 REPORTED IN FIELD GENERAL INQUIRY INTO MILITARY MANAGEMENT Kalendines Disbanding Infantry Units Because of Their Extreme Views London, Vee. 11.—The situation in ‘Moscow is reportel to be grave, ac- cording to a ‘Times dispatch from Pe trograd. The bolsheviki according to! Petrograd newspapers have placed machine guns ia the streets in fear of an uprising, of hostile parties. The garrison, however, shows signs of in- subordination and is reported to Ve disobeying the Bolsheviki commander, a private soldier named Muranofé. Considerable forces the dispatch adds, are being detached from the west front to be sent against the Cossacks. The Cossacks are preparing to fight, the correspondent of the Daily (Mail Favorable Committee Report to House on National Woman’s Suffrage Washington, “Dec. L.-~Atter the op: ening of the hearing today by the joint congressional committee investi- siting transportation problems, Chai man Adamson, of tie House Com- merce committee, declared that Presi- dent Wilson probably would have to take over the railroads “during the war and hold them after the war until congress can provide some plan for proper management and efficien: op- eration in peace and war.” The committee today began hearing railroad commissioners from Wiscou- sin, Indiana, ‘Minnesota, Nevada, and JUDGE COFFEY NOT HERE; HA TRIAL DELAYED Further Proceedings in State’s Case Against Secretary of State Deferred to Wednesday “LARCENY CHARGE AGAINST The trial of the Hall case was fur- ther delayed this morning by the in- ability of Judge J. A. Coffey of James- town to respond to Judge Nuessle’s ‘eall.: Judge Nuessle announced that he. was in. communication with other North Dakota jurists and that he hoped to find a judge who could be here to try the case by Wednesday morning. In the meantime, the court is proceeding with its criminal calen- dar. A The state’s case against Ellsworth Finlayson, a youngster of the south side who is charged with complicity in the burglarizing of the Weinstein grocery, was called this morning. Lit- | tle time was required to select a jury, iand at noon several witnesses had ; been examined. The two boys who are made'defendants, are charged with having broken into the basement of ; the Weinstein establishment and of making off with a considerable stock of eatables. When Judge Nuessle, in Burleigh district court Monday afternoon over- | ruled the motion of the state for a ; change of venue in the Hall embezzle- ment case, on the grounds that the state had not clearly proven the pre- 'judice which it claimed~ to exist against tis cause in Burleigh county, Attorney General William i.anger filed an. affidavit of prejudice against Judge Nuessle himself. The effect was to immediately halt proceedings so far as Judge Nuessle is concerned. | The latter called in Judge Coffey, of | Jamestown, and announced upon ad- journing court ‘that Judge Coffey would be here Tuesday morning to try the case.” There was much discussion yester- day of the possibility of the case be- ing removed from Burleigh county’s | jurisdiction on a writ of certiorari to the supreme court. It was also sug- gested that the state's motion for a change of venue might be renewable before Judge Coffey. Assistant Attor- ney General Daniel V. Brennan last evening refused to discuss these ru- mors, and stated his opinion that the trial would proceed this morning as announced. Thomas Halb, secretary of state for the last three terms and prior to that time gecretary of the state railway commission, is jointly charged with Eugene M. Walla, chief clerk in the automobile registration department, with the embezzlement of $3,400 of the automobile registration funds of the state. | PINLAYSON BOY I8 ON NOW reports. Three carloads of them are reported to be at Bielgorex, and three at Sumy, commanded by General orniloff. Extremist red guards to the number of about 1,00 dare expected at Kharkov from Moscow. The correspondent says General aKledines, the Cossack leader, is dis- sanding infantry regiments in the Don territory and sending’ them’ home on ccount of tieir Extremists’ opinions. NORTH OMKOTA' NEWEST RAILWAY “TOOFFER Gulf St. Louis and Vancouver Wants Permission to Sell Shares ‘in This State © °'"' Kansas. Carl J. Jackson, of the Wis- consin commission ,was the first wit- ness and explained the working of that body. Probe Shortages. Inquiry by a senate committee into the causes for the shortage of sugar and coal with a view of recommend: ing legislation,,to, improve the situa. tion was ord by the senate to- day on moti Senator Lodge.‘ Ml t inquiry. A general inquiry into the opera tions of the war department in arming and euipping the American forces was today decided upon by the senate military commitiee: Sccretary Baker and other departmental neads will be called to explain: various details. By unanimous ‘consent today the house consentéd to consider Monday the constitutional anieatiment on’wom ‘an’s sufrage, which already has been passed by the senate. The judiciary committee favorably reported the amendment. The railroad war board today asked President Wilson to receive its mem- bers for‘a confereince, which was ar- TapRed: for Wednesday af:ernoon, SUPREME COURF STS BOUNDARY IN LABOR WARS Rights of Employers to Maintain Open Shop Defined by Divid- ed Court. CARRISON MAN ETF WITH, (GHT PENALTY 5 ar Judge Wade Takes into Consider, ation Excellent Record Made ‘by Defendant COUTURE CASE GOES TO JURY AFTER LONG TRIAL The fact that Henry Daskoski has proved an effigient; and) faithful: serv- ant and a good citizen generally, ye: terday. resatédif' ina’ Tight fine’ of $50 whon. the former Sog;Aige .ag@nt; iat Garrison pleaded guilty to illegally de- livering liquor shipped into North Dav kota before®the state became bone dry. Daskoski no longer is stationed at Garrison, but is now employed in Min- nesota. His company introduced af- fidavits showing a fine record for hon- esty and efficiency, and Judge Wade decided that the absolute minimum would be sufficient penalty for Das- koski's Garrison misstep. The Couture case, after the govern- ment had placed 34 witnesses on the stand, was taken up for final argu- ment late Monday afternoon and went to.the jury today. The defendant, Jo- seph Couture, a young Canadian, is charged with being an all-around horse thief. He is about as unthievly a looking person as could be imagined. Leastwise, he hasn't any of the popu- lar ear-marks of the bold, bad horse thief of the “Virginian,” and other western stories. Couture has been tried several times and the jury has either disagreed or acquitted. At this term there are two cases against (‘ou-| fining in general terms the rights of ture, and James McDowell, an al-| both organized labor and the employ- leged accomplice, comes up for per-|er were rendered today by the su- jury. preme court. While the right of workmen to organize for lawful pur- posés was reaffirmed, tie court held that employers legally may operate their plants as “open shops” and pre- vent conspiracies to bring their non- union employes into labor organiza- tions. The opinions were rendered in the cases of the Hitchman Coal and Coke company and the Eagle Glass Manu- facturing company of West Virginia, the court deciding that both were en- titled to operate the'r plants as “open shops,” and upholding injunctions is- sued by Judge A. G. Daytorl, restrain- ing union officials from attempting to organize their. employes. Lower court decr2es holding that the United Mine Workers of America and the Americ- an Flint Glass Workers’ union were illegal organizations and that under the Sehrman Law they were secret conspiracies in restraint of trade, were ignored by the supreme court inion. ray {VEY PARALLELS | MISSOURI VALLEY Burleigh and Other Central Coun- ties Would be Benefitted by Proposed Route The Gulf, Saint Louis & Vancouver Railway Co,, which purposes to build 4 railway through central North Da- kota, extending from Leola, S. D., to —- # point in Saskatchewan where it con- nects with the Grand Trunk’s Pacific extension, has applied to tite North Dakota blue sky commission for per- mission to sell stock in North Da kota. The Gulf, St. Louis & Vancouver Co. is a Wilmington, Del., corporation, incorporated for $1,000,400 in shares of the value of $100 each. To date but ten shares have been issued four to M. L. Rogers, three to L. A. Ir- win and three to Harry W. Davis, all of Wilmington. The company is au- thorized by {ts charter to begin busi- ness on a paid in capital of $1,000. The course of the railway south- ward through North Dakota traverses Renville, Ward, McLean, Burleigh, Emmons and Logan and- Mcinivsh county to Leola. A standard-gauge railway is planned and the articles of incorporation enable the company to engage in all of the activities us- ually included in the operation of « railway, including the purchasing and platting of townsites, the ownership and operation of steamship and tow- boat lines, and the ownership and op- eration of gas, electric and water plants and other public utilities. The construction company, which is a half-sister to the parent corpora- tion, also seeks permission to sell stock in North Dakota under the name of the St. Louis-Canadian Improve- ment Co., capitalized at $100,000. M. L. Rogers owns 994 shares of the im- provement company stock; L. A. Ir- win, three, and Harry W. Davis, three. It needs but $1,000 under its Delaware: charter to begin busine: Preliminary surveys for this pro- posed line were practically completed through North Dakota during the past BRANDEIS STATES THE MINORITY OBJECTION Head of Labor Federation Says Decision is Far-Reaching and Unwarranted. Washington, Dec. 11.—Decisions de- Minot Bo Announced Dead Lives Minot, N. D., Dec. 11.—Stephen A. Judge, father of Patrick Henry Judge, member of the crew of the torpedoed American destroyer, | Jacob Jones, received a message from Washington tonight an- nouncing that his son had been saved. LEIDERBACH CONFIDENT KILLDEER’S NATIONAL | | FUNERAL FOR FRED RUPP CONDUCTED AT BALDWIN Funeral services for the late Fred Rupp, aged about 42 years, who died in Rochester, ‘Minn., were conducted (Monday afternoon in the Baldwit Presdyterian church by Rev. H. C. Postlethwaite of the Bismarck church The services were largely attended by relatives and friends. Mr. Rupp was a former resident of the Regan district. Two years ago he was operated on for cancer and never recovered. He went to Roches- ter last fall to reside with a relative of Mrs. Rupp who with a 12-year-old son survive. The body was Jrought from Rochester Sunday to the home of Herman Kikul of near Baldwin. In- terment was made in the Baldwin ‘ery. 0) PARK WILL BE REALITY| in the Hitchman case the majority OE ‘ot the court held that the officials of Rep. A. ‘A. Leiderbach of the Kill- the miners’ union “deliberately and deer country is quite confident that advisedly selected that method of en- congress at this session will take some larging the union membership which i 5 would inflict injury” upon the com- definite step looking toward the es- ‘ny and its loyal employes ‘and de tablishment of the Killdeer national clared that the “conduct in so doing \ park and game preserve. An appro-. was unlawful and malicious.” ; priation of $90,000 is asked, and of| The court also declared that “it is this amount $89,000 is desired for the erroneous to assume that all measures | purchase at $10 the acre of 8,900 acres which may be resorted to in the ef- of land which is well worth the price. fort to unionize a mine are lawful if Rep. P. D. Norton of the Third dis-; they are peaceable—that is, if they trict is working for the bill, and he stop short of physical violence or co- advised Mr. Leiderbach yesterday that ercion through fear of it.” It added he hoped to have it come up for ac- that “the purpose of the defendants tion in the near future. The park | to bring about a strike.at the mine in would embrace the entire Killdeer | order to compel plaintiff through fear mountain region, the scene of many’ of financial logs to consent to the un- historic Indian battles and a natural ionization of the mine as the lesser beauty spot. ‘ (Coutinued on page four) summer. The blue sky commission has not acted on the corporations’ applica- tions to date. SIGNAL CORPS STUDENTS SEEK AY EMPLOYMENT A large body of fine young men who have entered the School for Sig- nal Service are in the city and many of them must have work. The school is in session at night, and the men seek work during the day. Bismarck can and will see that these students are given a means of living while they are at this school. Inquire Commercial club. STON Gratton Man Injured in French Drive Ottawa, Dec. 11—The following names appear in today’s Canadian cas- j ualty list: Wounded and missing: A. N. An- derson, Grafton, North Dakota. D. E. Earlinger, Huron, S. D. WAR SECRETARY RUSSINS NOT ‘TMPRESSED WITH " CERMAN ENVOYS Find Peace Deputies of Teutons Unsympathetic to all Political’ Idealism CALLS CARROLL TO WASHINGTON Chairman of Council of Defense Summoned to Conference on 5 Millian Loan. NOT FO RCHARITY BUT ON GILT-EDGED PAPER The North Dakota defense council lost little time in securing the ear of Secretary of War Newton D. Baker on its plea for a loan of five million dol- lars to enable North Dakota farmers to purchase feed for their stock this winter and seed for their grain fields next spring. The resolution adopted by the council of defense Saturday night reached Washington on Sunday and on Monday Chairman Dorr H. Carroll of Minot received a message from Baker requesting him to come to Washington for an immediate con- ference. Today Mr. Carroll will be in Minneapolis en route to the national capital. Short Crop of 1917. The resolution wired to Secretary Baker set forth the facts that because of a short wheat crop in 1917 wheat is ce and the price for seed is high. For the same reason the farmer has no money with which to buy seed, and because North Dakota has had two rather bad seasons, the banks in many counties are loanéd up to their lim- its. The same conditions which cut down the wheat crop made short hay, and there is little or no forage with which to carry over the tens of thous: \imds ‘of head of immature stock’ on North Dakota farms. . , ‘As War Measure The resolution recommended that as a war measure Secretary Baker urge the immediate appropriation of five million dollars to be loaned the farm- er on a first lein on the 1918 crop, further secured by a lein on the farm itself. The government is not asked for charity, but to assist in a simple operatipn of financing which will pay good interest'in bumper crops of wheat, rye and barley in 1918 and in hundreds of train-loads of matured beef for our Sammies over there. Helstrom Pleased. Secretary Helstrom is much pleased with the speedy recognition which Secretary Baker has given the state’s claims. Representative C. P. Peter son, of Towner, league floor-leader in the house during the last session, last evening expressed himself as much gratified with the prospect for yrompt federal action. “It will save Nortb Dakota a special session which would be a great expense and of which 1 would approve only as a last resort,” said Mr. Peterson. He noted the fact that the necessity for a special ses- sion, in the event relief is obtainable in no other way, is being agitated in the northern part of the state. PROHIBITION GETS FURTHER STRENGTH IN SUPREME COURT State aHs Power to Absolutely Deny Manufacture, Gift, Sale or Purchase. TO HOLD FOR PERSONAL USE NOT ORGANIC RIGHT Washington, Dec. 11—With a de- cision upholding the Idaho Prohibi- tion law, the supreme court today gave an opinion which may be one of the most far reaching victories for “bone dry” prohibition yet recorded. It was held that a citizen has no constitutional rights to possess liquors for his personal use if a state wishes to forbid it. Justice McReynolds, who gave the court’s opinion, held that a state “has power absolutely to prohibit manufac: ture, gift, purchase, sale or transporta- | tion of intoxicating liquors within its | borders without violating the consti- tution.” “We further think,” he added, “it clearly follows from our numerous de- cisions upholding prohibition legisla- TROOPS BEING MASSED__. FOR BIG OFFENSIVE Unusually Active Artillery Fight. ing Along the Western Front eet London, Dec. 11—The Petrograd correspondent of the Times attributes to a responsible source the statement that during the informal conversa- tions between the Russian and Ger- man representatives at Brest-Litovak, regarding the armistice on the east- ern front, the Germans indicated that the following points were likely to be included in any of their peace nego- tiations: Germany to have control of the Rus- sian wheat market for 15 years. All German goods to be admitted to Russia duty free. No territory now occupied by the Gerinans to be surrendered. Lack of Sympathy. The correspondent says the Bolshe- viki were disappointed by the reserved attitude of the Gorman negotiators * and their lack of sympathy with poli- tical idealism... Other’ causes contrib- uted t@,thott, depression, but it is stat: ed they aré determined to conclude an armistice at any cost, if the latest appeal by the Russian commissioners lo the allies fails. Unusually active artillery. fighting and aerial operations on the western front yesterday are reported in today's official communication. This activity was particularly noteworthy: on the Ypres and Arras fronts. Operations of the nature and extent indicated by the: official British com- :nunieation almost invariably précede a gfeat ‘atifick,’ ‘The preliminary’ bom.’ | tardment designed to break down op posing defenses and clear the way tor the infantry advance, may con- tinue for a week or more, while at the same time efforts are made ‘to clear the air of opposing aviators to conceal the bringing up of troops and other preparations for the attack. Yes- terday's British gnd French state ments also spoke of heavy fighting at points. Hope to Smash Allies. The correspondent at Amsterdam of the ‘Daily Express says that the Ger mans are rushing troops to the weat- ern front with the idea ef smashing the entente allies before America is able to act, and adds: ie “One of the results of this is that two German munitions trains collided on Thursday. Both were blown up and several hundred soldiers were killed or wounded.” HOOVER CHAE DEALERS BOOST FOOD PICS Federal Trade Commission Starts a Nation-wide Investigation into Prices SPECULATION OF BROKERS BLAMED FOR SITUATION Washington, Dec. 11.—Chargés by Food Administrator Hoover that some dishonest wholesale and retail mer- chants and food brokers have been criminally responsible for food short- ages and rises in prices were taken under consideration today by the fed- eral trade commission. Victor ‘Mur dock wil be in charge of the inquiry, which “will be prosecuted with vig: or, and with all the trade commis- sion’s broad investigative power be- hind it.” Speculation in foods was declared today, in a statement by Commission er Murdock, to have far-reaching re- sults in causing unrest. Unprincipled brokers and dealers ere said to order goods beyond their rejutremen s on a rising market, believing they can make money :f prices 70 ap and can, at least, prevent loss by rejecting shipments COAL SHORTAGE. Columbus, Ohio, Dec. 11.—With vero weather prevailing, the coal shortage was so acute in Ohio today that Governor James ‘M. Cox tele tion that the right to hold intoxicating liquors for personal use is not one of those fundamental privileges of a cit- izen of the United States which no state may abridge.” grahped Dr. Harry Garfield, federal ; fuel administrator at Washington that unless Ohio people get immediate re- ,lief they. “will lose confidence in the government.” 4