The Bismarck Tribune Newspaper, February 18, 1919, Page 1

~ stated that on 7,000. signatures the THIRTY-NINTH YEAR. No.,41 : HE BIS & BISMARCK, NORTH DAKOTA FUESDAY, cf LEAGUE BILLS HAVE BUT ONE. VOTE TO GOOD Mees of Morton, Nonpartisan Leaguer, Kept Regular by Governor’s Pledge 15,000 WILL. REFEREND Frazier Promises Senate He Will Not Require Full: Emer- gency Measure Limit ‘With but one vote to spare on the industrial commission measure and with no margin at all on fhe Bagk of North Dakota bill, the senate Monday afternoon pased Houe Bill, 17, and 18, two of the parent meaure of the ‘Teague program, which now are ready for the signature of the governor to give them immediate effect. Both bills provide that ‘the industrial commission make them operative within 20°days from thelr passage, FRAZIER SAVES. THE. DAY Governor Lynn J. Frazier saved the day for the league when. he appeared before the senate .in response fo an invitation tendered by Senators Wel- ford, Hunt and Gibbens, on metion of the first name, and tendered that body his solemn’ pledge that he would call an immediate: election should 15,- 000. representative citizens, farm business men: and others, signify th desire for such: an election. v emergency ‘amendment to the constitu- tion adopted last November, the gov- ernor would: be required to call a spe-4 cial election only on petition of 30,000 electors, but the same amendment pro- vides that he may call a special elec- tion on the ordinary petition of 7,000, eyen when that petition is filed against an emergency measure. The governpr split the difference, first agreeing that he would consider 20,000 signatures sufficient and then going a step fur- ther and agreeing to call a special! election of referendum petitions bear- ing the signatures of approximately 15,000 representative citizens were filed against any. of the important Jeague measures bearing an emergency clause. Townley and Lemke discovered upon} the convening of the senate Monday that thev ‘could not command a suffi- cjent number of votes: to \carry the emergency.» Several perfectly goon Jeague members were opposed: :to ‘pasx- ing’ these. bill’: with:; ani’. emergency, swith many thought -would practical: Yy preclude any possibility. of ‘referring, them’ to thé’people for ‘approval. There was a hurried conference with Gover- nor Frazier and with the attorney kair,.who, was: sick te Was badly need- ed, war sent. for;;a -recess wads taken to give him time ‘to reach’ the: capitol, and then wher) alb wag set ator Welford arose and. ‘stated fat ad much as the attitude, je, admis tration toward the eae geney tanks “on important league measureés'ihad boen misrepresented. or miaconstrued: he moved that. committee.of three be appointed to await on the governor and invite him to explain to the sen- ate the attitude he would take toward the referendum of emergency meas- res, FRAZIER TO BE FAIR “Seven thousand’ signatures,” said Governor Frazier,” will refer bills without the emergency clause, or will bring bills with an emergency clause up for a vote at the next general elec- tion. Thirty thousand signatures are required by the constitution on a ref- erendum petition to be submitted ‘at a special election. Some of the mem- bers of this house think that 30,000 is too high—that jt is almost prohibi- tive. It may berather large, although it seems to me to what a majoritv, of the people would say if they, bad a chance to express’ themselves on this question. : “A special eléction will cost the state fn lot of money. Roughly speaking, I would say it will.run from $25,000 to $30,000. I wouldn't favor calling a special election unless I felt there was a sufficient demand for it. I would want to see a sufficient number ‘of signatures from enough of the coun- ties to convince, me that the repre- sentative people of the state wanted a special election. SETS MINIMUM NUMBER “If 30,000 seems too high, I am will- ing to pledge myself to’ call a special election if 20,000, or even a smaller number of electors, scattered over the state and representative of the people and all of. the varied interests of the state, petition for it. Of course, the people in signing these petitions must realize that a special election will cost a considerable sum—it will run into thousands. hs “T will go further and ‘say that if 15,000 electors, scattered around over the state, farmers as well as towns people, ask for a special election on any of these bills, I will call it. ‘There is no desire on the part of this ad- ministration to be unfair; we want to be fair and square with everyone, and if 15,000 people of the state, including farthers and business men, want a spe- Vial election I will call it.” Senator Church inquired: whether the governor's action in calling a special election on a smaller number of sig- natures than called for in the emer- gency clause would affect in any way the validity of any of these acts. The governor replied that it would not. He i governor was authorized to call a-spe- cial election on any measure, emer- gency or otherwise. Hyland ‘requested that the governor commit himself to a definite minimum number. The governor positively stat- Under the ere is’no question: as!) PLANS FLIGHT, ITALY TO U. S. nd | ! EREDERIC SEMPRINI ~~ Semprini, who is chief instructor in the American Pilot’s school in Milan, is expected to drive the great Capro- ni biplane which is being prepared for a Trans-Atlantic fight from Milan to {the United States. AMIDON RULES AGAINST LANGER Federal Judge Contends His Court Has No Jurisdiction— Denies Injunction BURLESON ORDER, STANDS ‘eb. 18.—The suits in ‘, Fargo, N. D., by William Langer, at- equity brought torney general of North Dakota, in verth ; behalf of the state, against the Dakota Independent Telephone the Northwestern Telephone Co. in which Postmaster General A. S. Burleson as director general of the tel- ephone lines is made a def both suits, seeking to restr from enforcing the increased telephone service rates in North Dakota, were dismissed in federal court in Fargo yesterday by Judge Charles F. Amidon on the grounds of lack of jurisdic- tion. SEEKS TO ENJOIN RATES The bill filed by Attorney General Langer holds that the statutes of Norsn Dakota vests the railroad and ware- house! commission with suparvision over. the telephone companies, and au- thorizes them to fix the toll ‘rates of ‘companies, as. to all fntrastate racs- gages. The state statutes also provide hat when’ the commtssior ints cetih- lished such rates the same shall not he increased-by-the companies, exeept by. | filing the new schedule of rates. with the commission and after the commis- ; Stor has approved of the, inerense. “In- as much as the rates, whith went into effect on January 21, were increased i Without the consent at the com: sion, the, bill asks that this action. ¢ the part’ of the telephone ‘compant and ‘the: postmaster: general he 1 strained by injunction. | The morning session was civen, over jto arguments of counsel on the ques- tion of jurisdiction. ; NO. JURISDICTION PLEA UPHELD District Attorney M. A. Hildreth, ap-.| pearing for the government, moved to idismiss the bill on the grounds that lif’ the postmaster general, as an offi- cial of the government, is subject to j suit, he can only be sned in the Dis- trict of Columbia where he resides. E.'A. Prendergast, general counsel for the Northwestern Telephone Exchange Co., and Judge E. A. Dille. both of Minneapolis, appeared for the tele- ; Phone companies and moved to dis- miss the suits on the ground of no jurisdiction. Judge Amidon held that’ the’ case of the government. and‘ of the tele- phone companies as to jurisdiction of his,.court were sound and_ sustained the motions, thereby dismissing the (suits. F. F. Packard, who -appeared . for Mr. ‘Langer in behalf of the state, an- nounced Langer’s intention of filing a bill immediately in'the state court to| get the necessary injunction to restrain the enforcing of the i ised rates, COLORADO. FALLS IN LINE $20,000,000 Bond Issue Contemplated for Highways Colorado with its legislation in ses- sion is about to submit to its people at the general election in 1920. the Proposition of a $20,000;000 bond is- sue for highway improvement. This is in accord with similar steps in other states which believe it necessary to provide funds in this manner to meet the vast amounts of federal aid avail- able for road construction. To tide the Coforado State Highway Department over until the bond issue is provided and thereafter to finance the issue; other legislation is under way for a tax of one cent per agl- lon on gasoline used in public con- veyances. Another ‘scheme. for pro- viding the necessary funds is to double the inheritance tax and to use 50 per cent thereof for the above purposes. Asst. Chief Engineer, State Highway J. E. Kaulfuss, Asst. Chief Engineer, IN PHONE CASE! ( FARM MO to Escape Under League Income ‘Tax Bill KILL aside from the league sidered in committee of the whole, slightly amended and ,recommmended for passage, The provision which exempts frontthe three per cent. in- North Dakota farm mortgages re- mains in the bill as it will finally come up this afternoon for third reading and final. passage. The house passed on third reading: S. B. 78, relating to revocation of attorneys’ right to: practice. S. B. 120; relating to the purchase by counties of land for county fairs. Ss. B. 140, trol. S. B. 198, legalizing certain acts of city, village and school district of- ficials. and school land funds. Ss. B. . relating to license. cover- ing daisy products. S. B.-170; ‘amending constitution to change tame of'state reform‘ ‘school to state industrial school. 8. B. 177, concurrent resolution. In committee of the whole on gen- eral orders the house recommended the passage of S. B. 37, the income tax bill; H. B, 38, amending Section university » | 983, ‘C. L. 1913; H. B. 83, providing for listing of property for purposes of assessment; H. B. 101, relating to con- struction and supervision of electri- cal supply lines; H. B. 156; H. B. 158, for flood control; H. B. 179, satisfaction of mortgages and liens; encourage teaching of grading and testing. of grain in public ‘scnools; H. B.:89, relating to teachets’ insur- relating..to}: compensation of deputy county, ,superintendents:'. of: schools; H. B,1.168,¢relating..to duties: of’ city attorneys;: 8. ‘B. 86, relating to run- ning ot stock at large. H. B. 187. and 137-page measure re- lating, to. the..Jicensing-.of dogs,..was..~ killed, “aftér ‘s0ie’ heated discussion. H. B. 184, the minimum wage bill for women was ‘rereferred; state af- fairs; and Hi. iBi:143,..relating a ne discontinuance of consajidated schools See erred to the, committee: on DEATH STORY. OF KITCHENER Hampshire Blown Up in| Midst of Storm London, Feb. 18—Lord Kitchener died in the Hampshire when that ship sank, after two explosions, in the midst | of a terrible storm. This is the belief of a warrant. offi- cér, one of the few, survivors of the ship. Censorship regilations: have kept the factsofrom publication until now. It was;four days after the Jutland battle, in which the Hampshire had, sunk a light cruisefand a submarine, that Kitchener wert ‘aboard the ship, June 5, 1916. The Hampshire carried 800 men. She had two escorting destroyers when she set out a 5 in the evening ‘in the teeth of the gale, but they returned | to port, unable to face the storm. Everything was lashed down and but one hatchwav: was open. At 8 o'clock an'explosion took place forward, followed quickly by a second, and there was a scramble for the com- | panionway. Many of the crew were young and new and there was a’ great dea} of confusion. The officers were at their posts on the deck, but their .or- ders could not be heard above the fury of the storm and the roar of escaping steam. : No attempt was made to launch beats, which could not have lived in the sea, but the life rafts were cut away. and drifted with the gale for five hours before it was beached: ona rocky is- land. s Kitchener is believed never to have | © reached the deck of the ship. TO RETURN CARS Washington, Feb, 18—As another step toward the restoration of normal | prewar conditions instructed that freight cars be returned to owner roads as soon as possible. State Highway Commission, Bismarck, Dak. LIQUOR INTERES ed to the senate then that on peti- tions containing at least 15,000 signa- tures he would call a special election for the referendum of any emergency measure. Senator Gibbens. insisted. that : in- stead of the emergency clause all of these measures should carry a pro- vision that they be submitted to the (Continued on Page Two.) Washington, D. C,, Feb. 18.—Organi- zations representing the distilleries stated today that a nation-wide fight would be waged to prevent national Prohibition. s Referendum elections will be held in 14 states and they stated that they were confident that enough. states TS 70 FIGHT NATIONAL PROHIBITION THRE 14 REFERENDUM Utah and Washington. $ ELECTIONS would reject the ratification of the fed- era] dry amendment to make national prohibjtion ineffective. The states in which referendum elections will be held are: Arkansas, California, _ Colorado, Maine, Michigan, Missouri, Nebraska, Nevada, New Mexico, Ohio, BOW-WOW MEASURE The house Monday afternoon waded through a tremendous calendar which included little of real importance inchme « tax Mmeagure, a senate bill which was con- come tax’ some $309,000,000 worth of One of them carried 80 men | RTGAGE/SENATE BXEMPTIONS ARE| AWAY “QUST 0. KD IN HOUSE) GOODMBASURE’ *}$809,000,000 Worth of Property |Substitute for Taengue Elevator designating venereal | diseases and providing for their con-} S$. B. 49, relating to investment of | amending Sec, 1147, C. L. 1913; H. B.| 180, relating to redemption of land} sold for taxes; H. B. 182, relating to} S. B. 111, excluding farm lands from; limits of municipalities; S, B. 112, to! ance and retirement fund; H. B. 161,; and Mill peiation: Bill , Loses: Its Life CURB ATTORNEY GENERAL The senate’ Mondiy most uncere- moniously ‘Rifled semate bill 189, intro- duced by Senatorg:Nelson and Carey as a substitute “forthe league's mill and. elevator, asxotiation bill, provid- ing for a commission of nine memi- bers, to include the governor, attorn general and state treasurer, with to be ‘named by the: governor, and ap- propriating * $2,000,000 to finance the institution. It. was* reported out. of committee for indefinite postponement, and the minority mustered but 15 votes against the adoption: of the report, House bill 180, authorizing the at- torney general to act in behalf of priy- ate parties, was also decently interred, as was house bill 46, requiring that contracts for attorneys’ fees or phy- sicans’ services involving the payment of more than $50: be.in writing. ON THIRD READING The senafe on third reading passed the following: Ss. I. 168.--A ¢oncurrent resolution ing forthe recall of state, S. B. 169.—Increasing allowance for care of insane persons from $24 to $830 \per. month. (Amended. on th read- ing from $85. per: month as originally provided in! bi): BR. 71.—Relating to attaching ad- jacent territory to -special school di triets, amended to provide that terri- tory constitution. special district shall represent assessed’ valuation of $100,-! 000 instead of $40,000, to comply. v SSe@8 of . B. Creating the industrial commission of North Dakota. i H. B. 18—Declaring purpose of, state of North Dakota to engage ‘inj! banking “business. c H. B. 25,—Relating to exemption, of |* personal, property - from attachment, levy and Sale. . f H. B, 42.—Designating the state in- ;Spector, of grades, weights and meas- fures, sealer and inspector of weights and measures, |. B. 115.—Amending constitution relating to debt Mmit. of any county, \tewnshin: city, town: school district or other political sub-divisioas | HL DB. 88.—-Providing ‘that supreme} ® ;court may secure. additional .evidence in casés tried without a jury. H. B, 113.—Providing for reasonable {time for purchasers to. discover dc-! ifects in personal. property or breaches | of warranty. , W.’'B, 86.-Relating, to construction of bridges by county: commissjoners. | HY) B. '87.—Relating» to: road’ and j bridge taxes; was re-referred to com- ‘mittee, KAISER’S DOUBLE, lear oe 4 N. A. E. Spectal to The Tribane, Amerongen, Feb. 18-—-Count Ben- tinck, host to. William Hohenzollern, ed out to strangers as the former ries out the part with rare dignity and majesty of pose. by FEB. 18, 1919. R Stevens is to manage the Siberian railroad system for inter-allied com- He was sent to Rusisa by the United States at the head of a commission of railroad men to reor- ganize the entire Russian railway sys- work by the rise of the Rolshevikl but they were stopped in thelr work by the rise of the Bol retired to Japan, man andp roved his ability as a mem- ber of a obard of trustees appointed to administer affa Tlevaied rally MINNESOTA BANK EXAMINER CLOSES 13 BANKS misison. tem ¢ St. ofier the a of William M. Schaefer, ‘o. (of Minn Pe: Th ‘ gustas, | Siding, Waconia and banks wer t The all playe slope ch Februa: Jing in Die has a cook who is a dead ringer for|9 A. M. on the 21st. the ex-kaiser. He is frequently point-} accepted throughout that day. prizes will be offered to the winners. WRECKED HOHENZOLLERN BERLIN TRIB roe UNS RAILWAYS OF SIBERIA JOHN F. STEVENS ~> Stevens is oO service-cost plan, Affiliation With Mortgage Se- urity Company Unsettles Their Secur ies PROMOTERS ARE ARRESTED | Paul romoter, and Char dent of » public yanks closed be- tion with the Min- Ze Concern, nhounced investigation shown these bands héld more than $500,000 worth of doubtful securities obtained from that concern. e banks ordered closed, are at Au- ssen, Frontenac, ; Long Mills, New — Prairie, olis), Towner, Hamel. Most of? the eapitalized for $10,000. involved }avere <orgatiized “Morigage® SeénplttestoCo: Me BP 191-4 aie © ban ‘he, SLOPE CHE TOURNEY Dickinson Chess club invites of the Slope to attend the ment, to be held at the Elks’ build- Play will begin at Enrants will be Three German ruler and when observed car-| Those intending to attend should no- tify the secretary, or before the 20t W. H. Burnett, on PALACE IN William: Hohenzollern’s:-house in |Berlin looks like a home in France or Belgium after the German soldiers got.through with it. And it was German soldiers in the revolutionary party that Such is- retributive justice. They turned their guns upon it and it bears all the marks of a wrecked the Hehenzollern palace. “siege. a Boston 's of the Boston; "weather, St. Fouis Park bes! — 7 arr ‘lthe new armistice terms'to the Germans Friday he was requested PRICE FIVE CENTS BORAH REFUSES 10. ATTEND DINNER AT WHITE HOUSE 10 DISCUSS LEAGUE OF NATIONS iIn Letter to Secretarv Tumulty Says That He Disagrees Violently With Chief Executive's Views and Won't Be Bound to Secrecy as to What Transpires at the Function. ‘ Washington, Feb. 18.—Senator Borah has been asked to be excused from attending the dinner at the White House to discuss with President Wilson the proposed constitution of the League of Nations. Invitations were sent today by wireless from the United States transport, George Washington, inviting members of the senate foreign relations committee and leaders of the house to a idinner at the White House to discuss the League of:Nations. In a letter to Secretary Tumulty, Senator Borah says that it was customary to maintain secrecy at these meetings and that his difference of opinion with the president on a League of, Nations would not permit him to be bound to secrecy. ‘ ‘i Upon receipt of the letter, Secretary Tumulty transmitted it by wireléss to President Wilson and later the matter was given to the press. - Senator Borah is one of the group of senators who oppose any sort of internationalization and whose opposition to a League of Nations is regarded, as a foregone conclusion, There has been a hint many Republican members might refuse to attend. the function to which they have been invited. There are no surface indications, however, to indicate this, or that any of Senator Borah’s fellow members would follow his lead. Despite the fact that President Wilson has asked the senate to refrain from debate until he can lay the matter before them, several of the leaders are preparing addresses on the issue: | | Senator Poindexter stated in the senate today that he planned to discuss the League of Nations tomorrow and Senator. Borah’ said that he would address the senate Thursday. Several senators’ declared that they! would not be bound by secrecy if they. attended the Wilson dinner and that they would so state in advance, ‘ The proposed organization said Senator Vardaman carries us into unexplored regions of diplomacy. “It marks a most. vital period-in the life of this nation up to date,” he said. “I have no sympathy with the suggestion of the president that discussions be postponed until he comes home.” FIRST LAP OF TRIP COMPLETED On Board U. S. Transport George Washington, Feb. 18.— President Wilson’s ship is well on its way homeward and is run- ning fast toward the Azores. He is resting up and taking very little exercise. ' After a choppy sea, the ship ran into warmer The troops on board the transport doffered their over- coats and exercised on the decks. The returning troops are happy after their sojourn on the mud flats of Brest. It is expected that President Wilson will do some work on his He will probably decide upon a successor to Attorney’ . y announce upon his . return to Boston. i FEW COMPLICATIONS | Paris, Feb. 18.—Some of the Entente Powers are planning soon as the Russian problems now before the supreme council is \disposed. of and a few more hearings are accorded the, smaller jnations, to.take up the larger problems of a treaty of peases*'Thé” ~~ state of sentiment in the United States and elsewheré-has~im- pressed their representatives here of the necessity. of returning... the soldiers hcme, which can not be accomplished in adyanceyofy 1d: pax ave treaty. rat dd va Wt brotle Ww Thére are fears of dangerous complicati¢ng and lanlifes ‘to realize the necessary fruits of. victory if, there is: undue haste in, at.peace. France is.insisting upon the return‘of industrial material stolen by Germany. This will take a long time and some’: Entente Powers believe that this ‘should not delay the signing of the peace terms. : Advocates of an immediate, peace declare that the adjust- ments can proceed after the signing of the peace treaty. They say that the enemy powers should simply be compelled to sign treaties relinquishing such parts of their territories as are demanded to rectify old boundaries. The same powers hold that there should'be no delay because of indemnities. It is impossible to ascertain the exact details of the damage inflicted during the war and they urge that lump sums be agreed upon and placed in the peace treaty on the basis jot the examinaitons already made. TO CONTINUE ARMISTICE Paris, Feb. 18.—The special committee of the supreme council charged with drafting the terms of a definite armistice has.almost completed its task and it is possible that Marshal Foch will beable to notify the Germans on Thursday or Friday of the naval and military terms, which will be essentially those of the permanent peace treaty. ‘Germany may be allowed to maintain 25,000 under arms*to maintain order. All war material would, according to reports; be placed under control of the allies as well as the manufacturing centers. FOCH DELIVERS ULTIMATUM Treves, (Monday) Feb. 17.—When Marshal Foch presented i { i | { (ren trip. General Gregory, which appointment he ma | i 1 to permit the Germans to communicate with Weimar. Marshal :Foch told the Germans he avould give them until 6 o’clock Sunday evening. He told them he would leave Treves at that time, and if the convention was not then signed the armistice would expire at 5 o’clock Monday morning. The terms were agreed to at 6:30 Sunday night. . Although the disarmament question was not raised, Mathias Erzberger, one of the commissioners, volunteered a statesmen that the German army consisted of only 200,000, 40 per cent of whom were of doubtful value. He said the German army had been de- mobilized too quickly and that it was inadequate to maintain order in the country, PLEDGES COOPERATION ‘ Apart fron?.the conference Erzberger made a number o: declaraticns, saying particularly thet the political future of Ger- many was fixed by President Wilson’s “fourteen points.” He asserted that Germany would henceforth be a new country, adding that it would be-genuinely democratic and would loyally participate in the League of Nations on the principle of political and economic equality. He said Germany was ready to agree to disarmament-on land and sea and in the air. - Erzberger admitted that Germany made'a mistake ‘in -1871 when she’ did not consult the people of Alsace and Lorraine as to their fate. “He expressed the hope that France would not make a similar mistake in annexing Germans without calling a plebiscite. 200 BRITISH SUBS Pail eee Meta FE yes- terday afternoon informed the suprem BUILT DURING WAR} councii of the acceptaune Beane N. A. E. Special to The Tribune, Germans of the conditions for a re- newal of the armistice. : London—Great Britain built more} The signing took place at 6 o'clock © than 200 submarines after entering | Sunday evening on board Marshal the war. The largest are 3,000 tons} Foch’s private car at Treves. and fitted with steam turbines instead; This averts what p. of Diesel engines. They are 350 feet|a rather critical situation long and armed with four-inch guna; been reported that the Germans and eight torpedo tubes. One sub-| might persist in carrying out their marine monitor was’ built mounting ‘a/intimations of a refusal te 12-inch gun, with a range of 25 miles| The new terms, while ‘and firing a 850-pound shell. (Continued on Page 7 y to be it had