The Bismarck Tribune Newspaper, February 7, 1919, Page 1

Falr tonight,:: BISMARCK, NORTH DAKOTA TOM HALL IS IN COURT ON BOUITY PLEA Pat Casey Can’t ‘See Why His; Company Can’t Save $995 at Expense of State MUST SHOW COUSIN JACK Cornish Member of League Ad- ministration Tosses Langer’s Opinion Back to Him In response to aon alternative writ issued by Judge W. L. Nuesle on pe- tition of P. M. Casey, president of the Equity Cooperative Packing Co., Secretary of ‘State Thomas Hall .must appear in district court at 3 o'clock Saturday afternoon to show cause why he should not permit the corper- ation to so amend its articles as to reincorporate under, CHaper $7 of the session laws of 1917. at By do amending its’ article incorpOrating,.thé . Rquity. cofpany, which recently, voted ‘to<Indreade its capital stock from’ $1,000,000 to $3,000,- v0v, could get away with a $5 in- corporation fee, while as matters now stand the corporation would be re- quired to pay a fee of $1,000, Judge S. L. ‘Nuchols of ‘Mandan, law part- ner of Attorney General wanger, is representing: the ‘Equity Packing Co. in‘its efforts to save its stockholders this $995. W. H. Stutsman of Man-| dan is represonting the secretary of state. History of Case. The Equity Packing Co. of Fargo wes incorporated under the general corporation laws, of the state October 1916, with an authorized capital of 71,000,000. Under:date of October, 29, 1918, Patrick M. Casey, president, and L. C. Hoopman,. secretary, formally notified the secretary of state that the company -had that day elected to come under the provisions of Chapter 97-of the Session Laws of 191 hich umended Ghapted.92 of the Session ‘Laws -of:1915, relating to the incorpor- ation of cooperative organizations, The secretary. of state advised the company’ that” the” dBélaration ; could’ not be ‘accepted, Judge Ni } iy, then ‘took thé B. Cox holding that'the, company was within the clasdes ‘of vorporations dé scribed ‘in Section’16, Chapter 97, ses’ sion laws‘of 1917. Under “date of August 27, 1917, when the Wales Farmers’ Elevator Co. attempted to file a similar dec- laration, Attorney General Langer gave it as his opinion that “To permit a corporation to change its class by amending its articles of incorporation simply because the changes to be made therein are few in number, and of slight importance, would establish a precedent and would entitle any cor- poration to a like privilege, as, for instance, a banking corporation amending its articles of incorporation in order to become a railroad corpor- ation.” “ i Feeling that the opinions of Mr. Cox and his chief were in conflict, the secretary of state: then. .rote Judge ‘Nuchols, as follow ‘ “7 herewith return affidavit of ¥. M. Casey, copy- of the by-laws, of the Kquity Cooperative Packing Co., opin-| ion by Edward B. Cox, assistant at- torney general, and certificate of in- crease of capital stock. “This company was. incorporated with seven incorporators with an au- thorized capital of $1,000,009, ‘and in its articles does not provide for the distribution, pf profits to. its custom- ets. Mr. Cox in his opinion says: ‘It is my opinion that the Equity Cooper- ative Packing Co. comes within the purview of Section 16 of Chapter 97, ‘Sesion Laws of 1917, as a cooperative company which attempted to organize and do business under a prior statute providing for the organization of co- operative companies, and, as such, vgon filing with the sdcretary of state the writen declaration provided for. and the payment of the proper fee, is entitled to come under the terms of said chapter ard to receive its benefits and be bound by its pro- visions.’ “The secretary of state confesses his inability to understand how seven individuals can attempt to constitute themselves ‘any number of persons not leg sthan 25.’ (See Section 2, Chapter 96, Session Laws ‘of 1915.) Neither odes he understand how a company may be a defacto cooperative corpors- tive corporation with an authorized tion with an authorized capital of $1, 000,000 when the law specifically / states that the capital stock of co- operative corporations shall not ex- ceed $50,000. (See Section 4606, Com- ‘piled Laws 1913.) : “This company — proposes to in- crease its Authorized capital from $1,- + 000,000 to $3,000,000. The fee for such rease under the general corpora- “tion law will be $1,000, and in addi- tion thereto a $6 fee for filing amend- i entsc and issuing certificate. The e under the cooperative law, Chapter , Session Laws 1917, is $5 for fil- the amendment.” . Tt is understood that the company +Commission, Federal Ownership But Private Operation Washington, Feb. 7.—Railroad labor interests: today proposed government ownership and privaet operation by one large corporation, cooperatively organized. Testifying before Senate Interstate Commerce Committee, G. A. Blum, of; Chicago, recommended that the gov-/| ernment acquire all railroad prop- erty at a price fairly representing the valuation and trust the operati to a corporation to be operated jointly by employees, the operators, and the goverment. The plan, it was argued, would pro- vide cheaper financing, remove rail- road operation from partisan policies, arrange conflicts between federal and state authorities. The corporation would be ‘subject to regulation by Interstate Commerce SEATTLE TIED ‘UPBY STRIKE; 60,000 IDLE ‘Newspapers Suspend Publication —Theaters and Eating Places Close TROOPS TO PROTECT CITY Culinary Strikers Start Up Soup Kitchens to Feed Hun- gry Laborites i Seattle, Fe. 7,—Nearly 1,000 troops | from Camp Lewis are in the city on orders of the war department and ready to act-in case of trouble. ‘Newspapers have suspended publi- cation. Schools und theatres ‘have closed. ‘Restaurants have shut down. Shipments have been diverted to Ore- gon ‘points because there is no one here to unload the cargoes. , Soup kitchens have Ween opened by the-cytinary ‘strikers. La or strikers are givena-Jower Tate than‘non-unign workers.’ it is estimated that 30,009 to aid the «workers. )Municipal street cdr service will be yesumed as soon as a. guard of police ,and: soldiers can be supplied. » A municipal strect car, the first car to run in Seattle in’ 24 hours; ‘pro- ceeded up Fourth and Third Avenues‘, to Ballard, a suburb. It, did not ex-} perience any trouble. No reports have! et been received from the end of the line. ‘Armed soldiers stood guard around} the United States government build-{ ings and offices to prevent any de-| struction on the part of 35,000 strik- ers who walked out in ympathy withy 25,000 hipbuilder: There wa no trouble during the morning. One thouand special police have been sworn in. TO DIRECT ARMY. San_ Francisco, Feb. 7.—Major Gen- eral John ,S._ Morrison, commanding western, department, has. gone to Se- attle to take charge of the armyq end of the strike there.,. ‘Major General Morrison will direct the activities. in Tacoma also he said. CARS TO O.-ERATS. ‘Tacoma, Wash., Feb. 7.—President John Hoone, of the Tacoma Street Carmen’s union, who began sessions; with Manager Stean,, Ofzthe Tacoma | Railway and Power’Co. this mornine! relative to a plan for resumption of service, stated the street’ dars would again be operating in Tacoma by fioon today if a plan could be devised to give the operators protection from “mob violence. NEW ORDER DAWNS FOR GERMANY Ebert Declares Old Regime Has Passed Forever from Empire 25,00 striking. shipyard t ! ' | | { i : PROCLAIMS GOVERNMENT e Weimar, Feb. 7.—The old order. in vermany has gone beyond recall and the people are to rule themselves,” declared Premier ‘Ebbert. in calling thie national assembiy to order today. “We will call on the old German spirit/of Weimar,” he said. He was received with applause as he advanced to be received: He dressed the body as ladies and gen- tlemen, ‘the only time the expression has ever been used in a public gov- ernmental asembly in Germany. DUESSELDORF STRIKES. Eerlin. Feb. 7.—The whole city of ims that-an error was made in its corporation and that it intended to under the laws of 1915 re- Ing to cooperative organizations. secretary of state claims that (Continued, on: Page, Two.) Duesseldorf has walked out. Every line of work has quit work. There is a general strike. The demands of the bourgeous classes are striking unless their demands are granted. It.is a re- taliation against Spartisan terrorism. Urged by Labor Men|' Fi men left their employment; yesterday | ; OF . ‘President Wilson as he leaves the meeting of peace delegates in D’Orsay, without his customary smile and apparently in deep thought. waving: his stick to a friend and Bonar Law, holding his arm, as they leave Lloyd George’s ‘house i Rue ‘Nitot' Passy. for the meeting placé of the peace congress.‘In’ the circle, arrival of German representatives sent to Paris to'inform: the delegates of conditions in Germany.’ ~ LEGISLATION HITS PRICES Members of House Agriculture Committee Urge Imme- diate Action WILL COST NATION BILLION Federal Government Must Stand ‘Behind Promised Price “of + $2.26 Washington, Keb. 7—Members of the house agricultural committee to. day expressed the opinion that the cost:of flour will decline and that oth- r food products will fall in sym- pathy if tHe government passed the government passed the bill carrying | out the law_ guaranteeing the 19_. wheat crop price. y If the law were passed the price to the consumer would he fixed by the law of supply and demand while the government would lose only the dif- ference between this and th price of $2.26 promised for-the next wheat pri price will be about $1.20 a bushel and. that it will take about one billion to make up the difference and give the farmer the price pledged by the fed-| PRINTED FOR TAX RETURNS Washington, Feb. 7.—Several plans for collection of tax on incomes were dispatchéd to the internal revenue bureau today. They will become ef- fective as soon as President Wilson signs the income revenue bill. Forms ate now being printed, FARGO AUTO ~ SHOW CLOSES Fargo, ‘Feb. 7—The sixth annual Fargo-Moorhead automobile, show will close here tonight with a dance at the Auditorium . - The show this year has broken the record for attendance, which more than doubles that of any previous year, : It is estimated that tne normal | © FRIDAY, FEB. 7, 1919. PRICE FIVE CENTS. UE POSITION RESS SNAPSHOTS traffic. period following the war. INDEPENDENTS STATE CENTRAL _ BOARD IS NAMED \Prominent Citizens Given Places | Upon I. V...A. Execu- | tive Committee | { | Ata meeting of the State Executive ; | Committee of the Independent Voterg’ | association held here last night, the! | committee organized for the ensuing ; !year’s work by re-electing E. W. Eve son of .Walum as president, J. T. Nel-! soy of Glen Ullin, vice-president; | Theodore’ G. Nelson of Dunn Center, secretary, and O. L. Engen of Fargo, treasurer. ¥ The state executive committee is composed as_ follows: First judicial | district, P. G. Hanson, member of the legislature from tie ith district; Sec ond judicial district. Senator A. Hi ‘Gibbens, Cando; Third judicial dis-; trict, Senator A. G. Storstad, Horace; | xourth judicial district, Nils Petter-+ son, Gwinner, member of the legisla- ture from the 13th district; Fitth ju- dicial district, place yet to be filled; | Sixth judicial district, George M. Rob-! linson, Coleharbor, legislative member | from’ the 46th ‘district; Seventh judi-} | cial district, R. 3: Laing of Wilton; | | Highth judicial district, “M. P. John-; son of Tolley; ‘Ninth judicial district, | Matt Johns‘n of Bottineau; :Tenth ju- licial district, J. T. Nelson, Glen Ullin. Members at large, Theodore 'G. Nelson of Dunn ‘Center, Major Dana Wright, Jamestown, and: Hon EB. W. Everson jof Walum. ree An active organiaztion campaign’ is being planned for the entire:state. ‘AGAINST LIFTING BAN, Paris, Feb. 7.—Capt, Ande Tardieu announced. tonight that ‘the program o fthe society of the league of nations would be ready sometime: this week. “France,” he said, “is opopsed: to lifting the embargo on raw ‘materials to Germany.” » : ree He expressed fhe belief that the al- lies. would. -not - disagree. with the French, | i | i MILLIONS FOR GOOD RUADS, BUT ;: NOT A SINGLE PENNY FOR MUD mr » One of the great fruits of the war was the opening of the eyes of the world to the value and importance of. good highways. ever-increasing flow of supplies materials, products and men east- ward to the ports of embarkation on the found that the railroads were unable to meet the demands of war Our highways were then resorted to to supplement the railways and, at this point, we discovered too well that our roads and systems were deficient. Now hostilities have land is alive to the value of good highways in the reconstruction , California ‘Minnesota j electric lights would be cut'off tontght ‘had been postponed. the Palaise Lloyd George, With an Atlantic coast, it was ceased and the A bill introduced in congress plans to increase the federal aid now avail- able to states from $75,000,000 for the period ending 1921 with an additional $600,000,00 for the period ending 1924, Another bill providing for the creation of a national highway commission car- vies an appropriation of $1,00v,000,000. Various states have recently provid- ed or are contemplating providing alrge sums of money for highway im- provement. This is notably shown inj the recent and proposed bond issues. Last November the people of Ilinois by a majority over 200,000 approved a $60,000,000 bond issue to build $5,000 miles of state highways, the bond is- sue to be financed by automobile fees. Pennsylvania voted upon a $60,000,000 bond issue with a majority: of 200,000, where five years ago a bond issue then failed by 40,000. Other states now vond issues tor state provemeat al contemplating | highway im-| -- $20,000,000 25,000,000 | 50,000,009 | 50,000,000 | 69,000,000 A - 100,000,000, The country is road-improvement hungry, as may be well proven by the; foregoing bond issues. In addition it) is believed that unprecedented state) d local appropriations for highway eterment. will have been made be- fore the year is over. Township, mu- nicipal, county, state and federal high-| way officials have a tremendous task before them. Witb its successful per- formance withh come an equally un precedented era of prosperity. South Carolina lowa . Michiga Kansas: London Prepares For Strike of the Electrical Workers London, Feb. 7.—In expectation that there was a great sale of lamps and candles. But later it was decided that the ‘strike of the electrical workers) it is planned that these workers will walk out tomorrow. . This may shut down. sixty -power plants. It is estimated that five million hours of work are being lost daily. ASK PRICE COMMITTEE. Washington, Feb. '7—President Wil- son has been ‘asked to name’a com- mittee on industrial leaders and gov- ernment ‘representatives to investi- gate and name a price for staple TOWNLEY CAN MUSTER STRENGTH TO PASS HIS BILLS BUT NOT TO CARRY THE EMERGENCY CLAUSES Effort of Governor Frazier to Find Soft Place for Friend Macdon- ald Promises to Be Rock Upon Which Ship of State Will Split, Observers Believe BIG CHIEF DOES NOT DECLARE NEIL IN ON LIST OF PROGRAM MEASURES Address as Quoted in Own Press Asserts That Only Six, of More Than 400 Proposed Acts Are Worthy of Serious Con-*' sideration—Leave: There seems to be some indi in the Sixteenth assembly. Whi to the house of representatives, 01 measures, voted upon in the house, house bill 81,: which is Out School Grabs cation of a slump in leagueatock le the league elected 78 members n one of the first strictly partisan of a campaign which the Nonpartisan organization is making, for control of the public, school system, the majority: pues ‘in mustering but 64 votes. This number was not:equal ; thirds majority required to pass an emergency clause bill immediate effect. Unless the ial league should succeed in bolster- ing up the strength and securing a reconsideration of the emerg- ency clause, it is probable that this measure, not popular even in league circles, will be referred to TERRITORIAL ISSUES UNDER DETERMINATION These Settlements Will Have Due Regard to Welfare of Pedples PROCEEDINGS IN HARMONY Lo llega ~ Some Hotel Lobhy-\ Discussions by Representatives of the Different Nations ir Ay >»; {*Papis,’ Féb. 7—The number’ of ter- ritorfal conflicts now making appear- ance in peace council quarters is at- tributable to a prospect of early reai- ization of the society of natidns plan, and will have due regard fcr welfare for the inhabitants of districts in dis- pute. Gossip in the corridors even men- tions threats of resistance to any de- cision adverse to these interests. The special committee working on the so- ciety of nations plan is no moved by these rumors, however, and is going about its work quietly but rapidly. Hold Hearings. At the same time the supreme coun- cil in short daily sessions continues (s@_tpoltcy iof hearing patiently all! claims, and generally referring them to special or standing committees for! examiuation. Secret treaties made under stress of war and out of harmony of the ex- isting regulations have provoked much comment. Delegates have said that such agreements insofar as they are; concerned are in conflict with the) principle of a socitey of nations and | must give way. : j Russian Problem. 1 The Russian problem today~ will; again come into prominence. In some] quarters the action of the Moscow] government has been hailed with sat-! isfaction and relief in the promise it gives of an immediate termination of! Bolsheviki attack on the little allied | army in the Archangel sector, Small crowds are beginning to gather around the foreign office where the supreme counci) meets. | Experienced diplomats express sur- prise at the harmonious proceedings in view of the multiplicity and com-! plexity of the problems being consid- ered. The progress now being made indi- actes that the task may ve completed within the next four or five days, or wel ahead of the time of the presi-| dent’s return to the United States.| February 15th. The members of the committee emphasized however that | agreements reached so far are only! | provisional. Aproximately one half of the draft of the resolutions - dealing with a league of nations has been completed. Agreement has been reached upon the jmportant issues. MORE FAILS Washington. Feb. 7.—Another effort by Senator Johnson of California to secure cotisideration of his, resolution favoring the immediate withdrawal of all American troops in Russia failed. The allied premiers who. will meet today as the war council probably will fix new terms to be imposed on Germany, whose tactics of obstruction aré marked by Chancellor Erzberger threats at Weidmar, threatening to break off negotiations. RUSSIAN DELEGATES Paris, Feb. 7.—William Allen White, of Emporia, Kan.,-and Prof. George Davis Heron, have been appointed the commodities ‘which - the. government will buy “during the postwar period.. American delegates to the Mamors conference with the Russian faction. the people. The league must have 69 votes to give it a two-thirds majority in the house. Fourteen were ab- sent and not voting when the league’s educational bill came up, but they were evenly divided be- tween leaguers and non-leaguers, and there is no certainty that the required five of the seven leag- uers who were absent would have voted ‘for this bill had they:been in their seats when the roll was called, / ft i Beginning to Think. * Many of the more conservative leaguers, especially those who possess considerable property and have some- thing at stake, are beginning to give hought, to. the league..program. .And the more they think it over, apparent- ly, the less disposed they are to: rush head-long into the more radical fea- tures of the league program. It was this situation that Governor Frazter and President A. C. Townley, had in, mind last week when they. addressed the league caucus urging more speed. “Time is rapidly passing,” said the governor. “But few of our important measurer have been passed. It is time to put through those bills.” The governor would have kept with- in the truth had he put it stronger and said: “None of our important measures has been passed.” Some forty bills have passed both houses and await the governor's sig- nature. Aside from an amended grain grading bill, introduced by Senator Drown, author of the original act passed in 1917, and which was not in- cluded in the league program, not a single important measure is included in this number. Not one of the forty may be considered by any possible stretch of the imagination as a league program measure. Six League’ Bills. But six bills before the house may be considered program measures, says President Townley. Only these six need be passed, he stated. The mul- titude of minor bills, numbering 360, still under consideration, could .all' be ditched, Mr. Townley says, without harm to anyone. The president of the National Non- puartisan league does not name the six league program measures upon whose early passage he insists. They may be considered, however, to be the following: Industrial commission bill, naming the governor, attorney general and commisisoner of agriculture a commis- sion to control and operate all state utilities, enterprises and industries. Bank of North Dakota bill, creat- ing a central reserve and farm loan bank to be repository for all public moneys, reserve agent for all state banks and financial agent for all state enterprises. State Mill and Elevator association bill, authorizing the establishbment of an unlimited number of terminal mills and elevators, buying and sell- ing agencies and other distributing factors. North Dakota Home Building asso- ciation bill, providing for the estab- lishment of a building and loan asso- ciation on a standard scale. A bill authorizing a $2,000,000 bond issue to finance the Bank of North Dakota. A bill authorizing a state bond is- Sue of $5,000,000 to finance the state mill and elevator association. |. A. bill authorizing a bond issue of $10,000,000 to finance the farm loan operations of the Bank of North Da- kota. One Bill Too ‘Many. Here we have seven league program ~ bills. President Townley does not in- clude one of these. If he intentionally omited any, in all probabillity it was the last, for the Bank of North Da- kota, with initial resources of $50,000,- 000, would, it seems, a amply able to finance farm loans without recourse to a specific bond issue. * ‘There is not included in this list-the administration commission: bill which would placecontrol of all penal, char = itable ah Reetiginr ‘he ie. cluding pal schools (Continged on Page