The Bismarck Tribune Newspaper, December 2, 1918, Page 1

Peron Seema, THE WEATHER G®NERALLY FAIR. THE BIS THIRTY-EIGHTH YEAR. \ CK TRIBUNE Fete ce A I AI LAST EDITION aan te rpm a ae rae oe BISMARCK, NORTH DAKOTA MONDAY, DEC. 2, 1918." PRICE FIVE CENTS. OPPOSES PRIVATE R PEvIS WILSON WILL VISIT AT GAS COMPANY. CAN'T CHARGE HIGHER RATE Justice Robinson Says Corpora- tion Must Live Up to Its Contract PROHIBITION IS DENIED High Tribunal Refuses to Halt Proceedings in Burleigh County District When a public utility enters into a. written contract with a municipality to furnish a service for not to exceed a certain rate and when this contract is made a condition to the granting of a franchise, the public utility can- not violate such contract by charging a higher rate, and when such viola- tion is attempted, the attempt does not give the railway commission orig- inal jurisdiction over the matter, ruled the supreme court Saturday evening in denying the Bismarck Gas Co. a writ of prohibition preventing Judge W. L. Nuessle in @istrict court from hearing an action brought ‘by the city of Bismarck to enjoin the company from adding to its rates a surcharge of 75 cents per thousand, feet. Senator F. E. Ployhar of Valley City was granted a franchise by the city of Bismarck three years ago giving him permission to use the streets for the laying of-his mains, Justice J. E. Robinson, who wrote the opinion of the court, in his syllabus says: “The franchise fixed the highest rate; which might be charged for gas, The} grantee agreed in writing to furnish Bas at prices not to exceed the limited! rate. There is no claim that the con- tract was made without consideration, | or that it was affected by fraud, dur- ess or imposition. Hence, the gas company has no right to charge fot! gas any sum in excess of the limited: rates.” The Bismarck Gas Co., claiming that it had lost $6,000 on its first year’s ‘business and that the loss the second year would (be greater because of the increased cost of labor and ma-} terial incident to the war. applied to the city commission several months ago for permission . to increase _ its rates 50 cents” pér thousand” “This permission was denied. The gas com- pany then proceeded to notify its con- sumiers that the charge would ‘be add- ed, without authority from the city; commission. The city applied to dis-| trict court for an injunction, and the gas company appealed to the supreme court for a writ of prohibition, hold- ing that the railway commission and not the district court had jurisdiction | over such matters. i The supreme court’s ruling may have an important effect on other liti- gation now pending and on hearings soon to be held by the street railway commission on public -atility rates in Grand Forks, Fargo and Jamestown. OPPOSE PLAN TO SEND SENATORS | bring. Many of our returning farmer CANADIAN OFFICERS IN SIBERIA CARRY SWORDS AS OF OLD! REGINA, Sask., Dec. 2—Officers of | the Canadian Expedition into Siberia will carry swords on active service! under an order promulgated last Sep- tember and now demanded to be car- ried into effect by the military au- thorities of Canada. The use of the sword during the war was done away with in the early stages of the campaign. After repre- sentations had been made that very little hand to hand fighting would be done, the war office authorities order- MOTHER’S GIRLHOOD HOME ed all officers not to carry swords as had been the custom in the Empire's | army for centuries. NO CHANCE OF REVOLUTION IN READJUSTMENT Norton Believes Country Will Return to Normal Basis in Natural Way THE PERSHING CANDIDACY Congressman Thinks It too Early to Say Who Will Be Party’s Choice “Individuals and organizations pre- dicting a social revolution in this country as a development of the war| are drawing largely on their hopes or their imaginations, in my opinion,” said Congressman P. D. Norton of {Hettinger, interviewed this morning lenroute to Washington to attend the session which upened today. ‘ “I believe that the necessary read- justment will be brought about sat- isfactorily. and without friction of any kind. I do not look for any hard time nor for any period of de- pression. I believe our prosperity will continue and that we will see better times than ever berore,” said the representative from the Third North Dakota district. “Our country will naturally adjust itself to conditions which peace will boys will go into the industries in tlic cities. On the other hand, many city boys,..wha. have. had..enough . of, town | life, will seck the’ broader opportuni- ties which. the farm offers. | Ihe- lieve a proper balance will be main- tained without any artificial aids. “The effort of congress will be di- rected, to bringing about this read- justment along the simplest and most natural lites. The present. sessiony will be occupied largely with mat- ters of taxation and with appropria- tion measures. I do not anticipate any definite action on railway control and other matters. Government con- trol of railways is assured for some time to come. At the end of that period the railways may be restored to their owners, but I think the gov- ernment will always maintain a more definite control than was exercised before the war. “The various bureaus and adminis- trative boards which the war brought into being will be terminated auto- matically by the provisions under which they were created. We will re- turn, as rapidly as possible, to a pre- war basis.” “What do you think of the Pershing boom?” Congressman Morton was asked. “Well, it’s too early to say much about that. The American people are so changeable that it is difficult to say who hteir hero may be two years hence. Just now the most likely presidential timber in the Republican party looks to me like Harding of Ohio.” . BIG REDUCTION IN EXPENSES Washington, Dec. 2.—Cessation o¢ war will result in reduction of gov- ernment expenses for the fiscal year starting July 1st next to $7,044,415,- 838 from the $24,/500,000,000 appro- priated for the current year according to tentative estimates submitted to TOPEACE MEET ‘Washington, Dec. 2.—Senator Cum- ming of Iowa, republican, today intro- duced a resolution proposing that a senate committee of four democrats and four republicans be sent to Eu- rope for the peace conference to keep the senate informed of qustions aris- ing thre. Senator Kellogg said he would oppose the resolution and hoped it would be killed. KING NICHOLAS OF MOTENEGRO TS DEPOSED England, the girlhood home Below of is Above is the cathedral at Carlisle, President Wilson’s mother, which he will visit while abroad. Carlisle castle, which dates back to Roman days, STATE RECOVERS | YANK ARMIES $35,000 IN TAXES) OCCUPY SOIL IN HIGH COURT Wins Four-to-One Decision in Cream of Wheat No Demonstration When Sol- diers Cross Into Rhine I Territory | CHILDREN ARE SCHOOLED BIG VICTORY FOR WALLACE (By Associated Press.) American Army of Occupation, Sunday, Dec. 1—No demonstrations either friendly or hostile marked the entry of Majer Dickman’s army into Germany today. The frontier was The supreme court ruled in an opin- jon handed down Saturday evening that the state can collect approxi- mately $35,000 in back taxes on in- tangible assets aggregating $350,090 which the state tax commission had contended represented the difference between the capital stock of the Cream of Wheat Co. and its ‘“/the left, and Saarholzback, on the able property and which the tax com-|right. ‘The line extended along the mission contended was assessable in| Saar river, and through Saarburg and - of Ni Treves. is J Nort - s " eee muderthe tweet Nore Ua The reception given the Americans ‘A 4.5 mill tax on this amount of|‘differed from that encountered in property would yield the state a year- Luxemburg and garts of Belgium and ly revenue of $1,575, which the tax|France.: There they were welcomed commission claim’ together with back|®8 deliverers ‘by smnoet on me Lele taxes, interest and penalty taxes, ietlon eS ascent ol ennis! datin, over a_ lon period of puts year during which ‘the Cream of} act of open antagonism was apparent, Wheat Co. maintained its home of-/but it was evident even thie children fice in Grand Forks but conducted all;Bad ‘been schoo He carefully in of its operations in another state |Tole they must play. The tax commission got an unfavor- i Ks © able decision in the Grand Forks dis- On the Luxemburg side of the Mo- trict court, and the supreme court re-| Selle river the streets of the villag versed this decision Saturday. were filled with sightseers but across The decision is regarded a person- the Moselle the strets wr almost ae al victory for Chairman George E. alecteee Perhaps eee te mene Wallace, who argued the case through | Population —_rema both courts. The Cream of Wheat Co. has an- nounced its intention of appealing to the U. S. supreme court. ROSTAND DEAD FROM GRIPPE ‘Paris, Dec. 2—Edmond Rostand, the poet and playwright died this after- fall the Americans had moved for- ‘blinds were drawn. Here and there a German stood in the doorway to watch the troops pass. Large crowds were encountered in Treves, the largest place ‘occupied later in the day, but even there most of the people kept moving maintain- ling always a steadied air of indiffer- j ence. Brigadier General Preston Brown, military governor for occupie4 teri- toy has established his headquaters at Treves. London, Dec, 2.—King Nicholas of | Congress today by Secretary McAdoo. Montenegro has ‘been deposed by the Skupshdina, Montenegarian assem- bly, according to a .message from Prague today. The dispatch was sent from Prague by the Czecho-Slavak bu- reau by way of Copenhagen. The family of the King was includ- ed fn the act of deposition. ENTIREDAYIS GIVEN OVER TO | RATE HEARING An entire day was consumed in the federal court room here Saturday in an interstate commerce commission hearing of the North Dakota rail Von Arnim. Plot to Restore Kaiser Uncovered in Berlin London, Dec. 2.—A plot to restore imperialism and secure the return of Kaiser Wilhelm has been discovered in Berlin. Accord- ing to an Amsterdam dispatch, the men behind the plot are Field Marshal Von Mackensen, General Von Born and Field Marshal, It is said they instructed the officers corps to. carry on a pro-emperor demonstration immediately after the demobiliza- INT. W.W. RIOTS ARE QUASHED ‘Tucson, Ariz., Dec. 2.—Judge Mor- row of San Francisco, sustained the demurrer and quashed the indictment in the Bisbee deportation caoses in a decision filed this morning in the United States court. Twenty-five cap- italists, mine operatives and public citizens of Bisbee were involved. Al ‘with having OF GERMANY crossed early in the day and by night- ward 12 miles reaching Radgen, on! Not a single LROAD CO BIG CASES ON CALENDAR FOR DECEMBER TERM Hazelton Riot Indictments to Be Tried Here on Change of Venue BRIBERY FROM M’LEAN Dogden Murder Case Recalled in Charge Against Princi- pal’s Brother What promises to be one of th2 most interesting criminal calendars tried in this district will b2 called Tuesday morning, with the opening of the December term of the Burleigh county district court. Julpe Craw- ; ford of Dickinson has exchanged seats for the opening of the term with Judge ¥Nuessle, who is disqualified in a oribery case from Mcl.ean county, growing out of the Dogden murder in which August Kovlin and his daughter weer tried for the slaying of a neigh- bor, Judge Nuessle is also disquali- fied in the Hazelton riot cases, thir- teen in number, resulting from indict- ments returned recent'y by the Em- mons county grand jury which inves- tigated the “wheat hoarding” riot at Hazelton last March, in which Mrs. B. L. Perras was killed by a revolver shot. Cecil Pennington, who is charged fired the shot which killed Mrs. Perras, will be arraigned Yor murder in the first degree. He has been held in the county jail here since the day of the killing. Other ‘principal defendants are Charles Arm- strong, E, J. Babeock and Louis Tork- jelson, prominent citizens of Hazelton fand vicinity, who were indicted for iriot, rout and unlawful assembly, In- dictments charging riot or rout or un. lawful assembly or malicious mischief were returned against 10 others al- leged to have been implicated in the Hazelton affair. All filed affidavits of prejudice against Judge Nuessie, pre- siding in Emmons county, in order to obtain a change of venue to Burleigh county. Attorney General Langer will assist Scott Cameron, state’s at- torney of Emmons county, in the pros- ecution of these cases. Ajttorney John-F. Sullivan-of Mandan will rep- resent the principal defendants. Karl Kovlin, deefndant in thé brivo- ;ery case brought here on a change of venue from McLean county, is charged with having attempted to buy im- munity for his brother, Anton Kovlin, and the latter's daughter, from State's Attorney Williams and Sheriff Hen- dricks of McLean county. The Kov- lins were charged with killing a neigh- bor at Dogden in an altercation over some farm matters. Aside from these imported cases, Burleigh county has a very small criminal calendar, but theer is an un- usually large civil docket, including a number of cases of exceptionally wide interest, one of which at least will result in the reopening of an im- portant criminal case tried a year ago. The Jurors. The jury panel for the term is as follows: E, W. Wakefield, Driscoll. Grant Brooks, Brittin. ‘Earl Nixon, Baldwin. NTROL WILSON TELLS CONGRESS RETURN TO OLD CONDITIONS WOULD BE DISSERVICE T0 COUNTRY In Addressing Congress Before Trip to Peace Conference President Outlines Policies of Ad- ministration—No Solution of Rail Problem DECLARES OFFICE VACANT ___,_ Washington, D. C., Dec. 2.—Senator Sherman of Il- linois, republican, announced today that he would. to- morrow introduce a resolution to declare vacant the office of president because of the president’s absence and declar- ing that the duties of president devolve upon the vice president, because of the president’s absence. _ iWashington, Dec. 2.—In an address to congress in joint ses- sion today President Wilson formally announced his intention to go to Paris for the peace conference, saying the allied governments have accepted principles for peace suggested by him. He thought it his paramount duty to go. Referring to his announcement that the French and British government had removed all cable restrictions on the transmis- sion of news of the conference to America, the President said he had taken over the American cable service so as to make a unified system. available. He expressed the hope that he would have the co-operation of the public, and of Congress, saying through the cables and wireless constant counsel and advice would be possible. OFFERS NO SOLUTION _ Most of the address was devoted to the railroad problem, for which the President said he had no solution to offer. He recom- mended careful study by congress, saying it would be a disservice to the country and railroads to permit a return to old conditions under private management. The President said he hoped to see a formal declaration of peace by treaty “by the time spring has come.” NO DEFINITE PROGRAM No definite program of reconstruction can be outlined now, Mr. Wilson said, but as soon as the armistice was signed the govern- ment control of business and industry was released as far as pos- sible. He expressed the,hope that Congress would not object to conferring on the War Trades Board or some other war agency the right of fixing export priority to expedite shipment of food to starving people abroad. As to taxation, the president sanctioned the plan for levying $6,000,000,000 in 1919,-and $4,000,000,000 in 1920. ~~ The three year naval building program was endorsed. . Paying tribute to the people’s conduct in the war he spoke pare ticularly of the work of women. Problems of peace and reconstruction promised to occupy fully the time of the third and last session of the present congress which convened at noon. Both houses had a practically full attendance at noon. The program must cover an extraordinary congestion of business, including the many annual appropriation measures, re- lief legislation and other bills. The usual formalities were hurried through because of the fact that Pres. Wilson, about to sail for Europe, desired to deliver his address on the first rather than the second day of the session. After organization committees were appointed to notify the presi- dent. Long before the noon hour spectators thronged into the gal- leries, especially to the house corridors, where the joint session is to be held to hear the address of President Wilson. BURLEIGH BAR “No Private Purpose” Declaring he had “no private thought or purpose in going to France,” but that he regarded it his highest duty, the president added: “It is now my duty to play my part in making good that they, the Ameri- can soldiers offered their lives to ob- homes, and in a majority of cases the| HONORS BRUCE Banquet Staged Saturday Eve- ning in Honor of De- parting Jurist John Maikkula, Wing. Frank Blake, Wing. Frank Brooks, Menoken. W. J. Prater, city. W. K. McCormick, city. D. J. McGillis, city. Carl Bertsch, city. Hugo Solberg, Bismarck. E. E. Morris, city. Paul Kramer, Regan. J. J. Brosse, Arena, Thos. Miners, MicKenzie. A. R. Amundson, city. M. Wolf, city. ‘Chas. W. Waumbaugh, city. Henry Schonert, city. J. K. Doran. city. W. H. Ebeling, city. oe: C. O. Kettleson, Wing. Car! Eliason, city. F. E. Young, city. James Walters, Wing. Chas. Spitzer. city. Carl Pederson, city. (Continued on Page Eight.) Members of the Burleigh county ‘bar, friends and associates of the su: preme bench united Saturday evening in a rousing farewell banquet to Chief Justice Andrew A. Bruce, who re- signed his place on the bench and several his official connection with the state Saturday. The various mem- ‘bers of the bar made appropriate re- marks, to which the chief justice re- sponded, expressing his enduring love for North Dakota and all it contains, and his satisfaction in the knowledge that as professor of law at the Uni- versity of Minnesota he still will be in close touch with North Dakota and its people and institutions. Four Thousand|War Heroes | Arrive On Mauretania New York, Dec. 2.—The steamer Mauretania, sistef ship of the Lusitania, is in port today with the first large contingent of Americans from overseas. The 4,000 men, mostly non-combatant troops who were stationed in England, will be taken to Camp Mills during the day. Demobilization will take place from this camp in the near future. Because of heavy storms, it was not until seven {men overseas, tain.” Democratic representatives arose and applauded when the president an- nounced his intention of going to the peace conference. The republican side was silent, and so were many senators on both sides of the house. The pres- ident left the house admidst applause limited to the democratic side. Questions which had ee nthreaten- ed by some republican members of the house did not materialize. The president said in part: Crowded With Events “The year that has elapsed since I last stood before you to fulfill my con- stitutional duties to give the congress from time to time information on the state of the union has been so crowd- ed with great events, great processes and great results that I cannot hope to give you an adequate picture of its transactions or of the far-reaching ‘changes which have been wrought in the life of our nation or of the world. It is too soon to assess them; and we who stand in the midst of them or are part of them are less qualified than men of another generation will be to say what they mean or what they have been. But some great outstanding facts are unmistakable. “A year ago we had sent 145,918 Since then we have sent 1,950,513, an average of 162,542 each month. The number, in fact, ris- ing in May last to 245,951; in June, to 278,760; in July to 307,182, and continuing to reach similar figures in August and September, in August 289,570, and in September 257,438. Only 758 Men Lost “No such movement of troops ever took place before across 3,000 miles of sea, followed my adequate equipment and supplies and carried safely oard’s complaint against the North- erm Pacific railway, claiming a dis- crimination in favor ‘of east-bound traffic in territory west of the Mis- sourt river and én unfair discrepancy ‘between branch liné and main line rates. The rail board held that the higher charge on west-bound traffic works to the disadvantage of Slope farmers who are forced to import auantities of feed and seed. Several Northern Pacific railway officials ap- pearéd for the company. Investigator Mackley. of the interstate commerce commission conducted the hearing. ‘Elevator men and other shiners gave testimony as to -the unfairness of rates. a ines | tion of the troops was effected. Large sums of money are said to! have been placed at the disposal of the plotters. , The plot col- lapsed when a secret service man overheard a conversation between munition makers and some of the plotters. © ng | No direct evidence of Hohenzollern’s interest in the plot has; been discovered, it is said. But it is claimed that details of the plan were brought the former emperor by attaches'who accom- panied his wife to Amerongeon. Field Marshal Von Hindenburg refused to join, saying he intendel to retire after the demobiliza- tion of the army. The whole Prussian court, it is stated, was in sympathy with the plotters, and it is said that Prince Von Buelow and Dr. George Michaelis, former imperial chancellor, had planned to help.. The BURLESON FIRES WIRE CHIEFS New York, Dec. 2.—Postmaster Gen- eral Burleson has dismissed from gov- ernment service Edward Reynolds, vice president and general manager of the Postal Cable Co., and A. B. Richards, general superintendent of the company’s Pacific Coast division for alleged insubordination against the nigt in Gravesend bay, in had arms amputated. from the battlefield of France. plan was to organize a provisional government under Field Marshal Von Mackensen and then urge the former emperor to return, the government's plan to amalgamate the Postal with the W. U, Tel. Co. last night that.the liner entered the Narrows. Troops on board the Mauretania included 150 wounded men When the big liner left Gravesend bay for the North River pier nation that stood behit Mayor Hyland and his. party were on board. Mayor Hyland an- nounced that Secretary of War Baker had denied his request that the troops parade before going to camp. ‘ through extraordinary dangers of at- tack, dangers which were strangely and_ infinitely difficult to rd She anchored for sight of the statue of liberty.! Shortly before the Mauretania dropped anchor, the hospital ship , against. In all this movement only 758 Northern Pacific, with 1,400 injured soldiers and marines on board, men were lost through enemy attack, passed up-the bay unheralded and docked at Hoboken. half the heroes on board were badly wounded, one section being. given up to men who had lost legs and the other tomen who had and executive efficiency of 9] 638 of whom were on a British trans- port sunk near the Orkney Islands. “But it is not the physical scale ition jthat I would dwell upon, but the metal and quality of the officers and men we sent over and the sailors who swept the seas, and the spirit of the ind them. » No Nearly zoe oe Se Mie) see more uickly ready or emselves fetter when put 40 beats I am proud (Continued on Page Two.)