The Bismarck Tribune Newspaper, April 7, 1919, Page 8

PAGE 8. LANGER MAKING READY DEFENSE IN STATE SUIT Attorney General and Staff Pre- paring for Return in Attack on League Program FEDERAL QUESTIONS CITED Probable That Counsel for North Dakota Will Question Juris- diction of Courts Attorney General William Langer is devoting practically all of his time to the personal direction of the prepara- tion of the state's returns in the chan- cery action in which all of the elec- tive state officials except the insur- ance commisisoner and members of the railway commission are made de-| fendants in a suit filed last week in federal court, attacking the Nonpar- tisan league program enacted into law at the last session of the legislature. It is probable that one of the prin- cipal points raised by the attorney general will be a question as to the jurisdiction of the United States dis- trict court. This is belleved ‘to be the most important issue involved, for, if the district court assumed jurisdic- tion, taxpayers instrumental in bring- ing the suit assert that they will car- ry the action to the supreme court of the United States should’ they lose in the federal courts here. The complainants in ~ the against the league programm are: QO. B. Severson, Adamz county; LA Wood, Earnes county; } N George Sideler of Bottineau; Scow of Bowman, W. © Martin, of Burke, W. J. Howe and Andrews of Cass, Henry McLean of valier, George P. Homnes ot Divii BOW. Hersey of Eddy, T. W Baker of Fos- ter, George Christenson ot Golden Valley, John W. Scott of Grand Forks, R. H. Levitt of Grant, BE. J. McGrath of Hettinger, bk. A. Ander- son of Kidder, S. B. Oakley of La Moure, O. F. Bryant of Logan. Geo: D. Elliott, John, Satterlund of Mr- Lean, P. S. Chatfee of Mercer, Alfred Thuring of Nelson, J. S. Garnett of Pembina, J. FE. Baker of Ramsey, John R. Barly of Richland, H. C. Johnson of Sargent, John ©. Leach of Sioux, Fred Steckner of Slope; Fred L. Roquette of Stark, Iver K. Bakken of Steele, J. L. Harvey of Towner, William Bennett of Trail, Nathan: Up- ham ot Walsh, Orlando Brown of Ward, J. O. Hanchett of Wells, W. W. Wilde of, Williams, W. H. Cofall, E. E Roscoejand C. H. Kinney of LaMoure. In the Federal Courts. In connection with the filing of the action it was announced today that the case was brought in the United States courts because of the federal questions involved. In the bill is set forth the following pleading: orth Dakota has an area of 7 $87 square miles and a population ac- cording to the war census of 664. It has 58 counties, each of which is served. by one or more of six. rail- roads, whose total mileage, including main line and branch line trackage is 6,295 miles. “On the lines of its several rail- roads are more than 250 incorporated cities and villages, and numerous un- incorporated hamlets, and all toge:her more than one thousand railroad stations or sidings where freight and merchandise is loaded and unloaded and numerous privately owned gen- eral stores where merchandise and food products, including flour, and all tae necessities of life, are kept for sale, and sold. “It has 74 flour mills in operation, which are scattered over the yarious parts of the state, with a capacity varying from 25 to. 1800 barrels’ per day, and a total capacity of 16,720 barrels a day, or 5,000,000 barrels ca- case ‘|property of the state of North Dakota “| to the state by the United States at .| the purpose of maintaining and sup- ar, ment to the Constitution of the Unit- ed States. That they will be denied the protection of Section 4, Articie 4, of the Constitution of the United States, guaranteeing to h state and the citizens thereof, a republican form of governm That the pro- tection of the guaranties of the con stitution the United Stat ferred to, is now claimed by the plain- tiffs in their own behalf and on be- half of all other taxpayers of the state. That these plaintiffs and those in whose behalf this suit is prosecut- ed have no adequate remedy at law. Millions Involved. “The constitutional and acts of the legislature herein- before set forth authorize the de- fendants in the operation and ‘con- duct of the various enterprises pro-| vided for in said acts to incur and create, obligations and indebtedness, in addition to the obligations and in- debtedness hereinbefpre specifically referred to, amounting to millions of dollars, for which indebtedness and obligations the State of Norih Da- kota stands guarantor, and for the payment and liquidation of’ which the property of the plaintiffs, and the other taxpayers of the state of North” Dakota may be appropriated.” Status of the Plaintiffs. A section of the complaint sets forth the status of the plaintiffs as such in the following manner: Vil. “That plaintiffs are taxpayers of the state of North Dakota and are owners of both real and personal property in this state, and in the counties of their residence, which is subject to taxation to meet the obli- amendments | representative maker at the Burnstad creamery, was the only soldier handled by his snip that Harold could claim as an ac- quaintance. Harold He now one oO the firemen on the U. S. Siborney and as it is an oil pie his job is not very laborious, While home two | parties were given in his honor, one on Wednesday, evening at the home of his parents and Friday evening at the home of Mrs.-M. F, Wilcox. A large crowd was,at the station Satur- day to give him a good send-off. While and unassuming, Harold has al- een popular with the people of town, both young and old, justly proud of Burnstad's in Uncle Sam's big) navy. SCHOLARSHIP COMPETITIONS ARE RESUMED Rhodes Appointments to Oxford Again Open to North Dakota Students Grand Forks ‘April 5.—Rhodes scholarships in the United States, which were postponed for the dura- tion of the war, will be resumed in October, 1919, according to announce- ment received last evening through gations of the state, and also subject! to local taxes. That tue plaintiffs, and the other taxpayers of the state of North Dakota are the-beneticial own- ers, subject to the legal and proper use thereof by the state of North Da- kota for state purposes, of all mon- eys/and funds now in the. treasury of the state of North Dakota, collected by taxation for the purpose of defray- ing the expenses of the government of the state, and wich funds are held and controlled by the defendants, as officers of the state, as hereinbefore described. That said funds are held in trust by the defendants in their of- ficial capacity, for the plaintiffs and other taxpayers of the state. That said funds now amount to more than $300,000. That from time to time ad- ditional sums of money, amounting to hundreds of thousands of dollars each year, raised by taxation against ie are being collected and covered into the treasury of the state, for the pur- ng the legitimate ex- te government, and in their official capa- tity aforesaid, come into the custody and control of said mon same are collected he: forth, That the state of North La- kot, has no moneys, funds, or prop- taxation of the property of the plain- s and the other ti ot the state, except moneys reali: from ool and institutional lands granted the time of admission to the union. "That. d= school and institutional lands and moneys d therefrom cannot, under the compact with the United States, be used for any pur- pose other than the maintenance and support of the scnools and _institu- tions of learning of the slate and for porting other institutions » of the state. ‘That public the plaintiffs bring this ac- taxpayers on behalf of them- and on benalf of the other tax- payers otf the state who. are many thousand in number, and who have a common and general interest in the questions presented in this case, and are so numerous as to make it im- practicable to bring them all before the court.” Before Judge Amidon. ase will be tried by Judge C. F. Amidon, but there is nothing certain as to just when the action will come up. No temporary injunction is applied for. Attorneys for the plaintiffs are J. S. Watson, N. C. Young and B. T., Commy of Fargo; Tracy R. Bangs, and Phillip R. Bangs of Grand Forks, and C. J. Murphy and T. A. Toner of Grand Forks. The pacity for a year, he mills thus privately owned and operated have the capacity of producing between seven and eight times more flour consume, and a capacity not only to feed al Ithe people of the state, but still have for export to other states or countries, over four million barrels per year, - “It has more than 200 licensed and privately owned warehouses and ele- vators located at railroad stations in the several counties of the state, iwth a total capacity for: storing Brain, of more than 60,000,000 bushels. “It has 706 state and national banks with a capital stock and surplus rang- ing from $10,000 to $560,000. “It also has a large number of loan and trust companies and numerous loan agencies, specializing in making of loans on farm lands, said individ- ual loan agencies being distributed throughout the state, and in each and every county thereof. It also has a great number of building and loan associations specializing in making loans upon city property. “North Dakota has an area of 40,- 000,008 acres more than half of which is unbroken prairie, and used for graz- ing and stock raising. “The principal occupation of the Tural population of this state is that of grain growing, dairying and stock raising. “That a large proportion of the taxpayers of the state of North Da- kota, who are the owners of a large part of the taxable property of the State, are in no manner interested in any of the business enterprises .of projects authorized and provided for by the legislative acts here in ques- Claim irreparable Injury. “That if the state of North Da- kota were permitted to engage in the various. enterprises, industries ne projects hereinbefore refei to, the plaintiffs and the other pay- ers of the state, in whose behalf this suit is eet will suffer irreparable ros itigy! damage and will .beco involved ie & multiplicity of suit8. ae the plaintiffs and said other will be denied the equal of the law, and will be HAROLD BURNSTAD MAKES TEN TRIPS ACROSS ATLANTIC Eurnstad, April —Harold Burn- stad left Saturday for New York to report for duty after spending a brief furlough at home. Since his enlist- ment in the navy he has made the round trip across the “Big Pond’ ten times and the transport he is on has transported thousands of doughboys to France and is now busy bringing them back again. A young man named Stover at P| kKuown the University of North Dakota. Elections will be held in all states and jn 16 states, which under normal conditions would have appointed scholars for 1918 and 1919, wil send two students. Minnesota is included in this number, MAIL TERMINAL Hustling Little City of South- west Dakota Given New Recognition Marmarth, N. PD. Apri} 7—-One of the most inte sting announcements that the Mall has been privileged to. make for some ti s that the Rail- roud Post Office office terminal which has hitherto’been ut Miles Ciay been changed to Marmarth, resulting in all Railroad Postal Cle on the Milwaukee road establishing thetr lay Murmarth, Hitherto the route has been Aber- deen-Miles City and) Miles City and Butte, whe henceforth it) will be as Aberdeen-Marmarth | and Marniurth-Butte, resulting in the name of} Marmarth) going upon each piece of first class mail mailed upon -the ragnsy 5 felwaen Aberdeen and Butte, advertising. the name of jour city partsfot the country There are in the neighborhood of twenty mail clerks in the servies he. tween Aberdeen and Butte, and all twenty of these men will need rooms and meals in our. city. FORMER DEPUTY HOWARD IS DEAD Well Known North Dakota Citi- zen Passes Away at Home in Hillsboro has Hilslboro, N. D., April 7.—Jorgen Howard, after an illness of only a lit- tle over a week, passed away at his room in the Hotel Martin. Mr. How- ard has been confined to his bed with. a cold and it was not thought his con- dition wa’s serious. When death over- took him he was in the act of putting on his shoes when he fell back on his bed and died almost instantly, prob- ably from heart failure. Jorgen Howard would have been {subjected to GREAT LIGNITE PROJECT T0 BE DEVELOPED SOON ; Consumers’ Mining Co. Proposes} Big Undertaking at Its Havelock Eroperty TO SELL TO STOCKHOLDERS Purchasers .of Eight-Percent Dividend ‘Bearing Certifi- cates Get Cheap Fuel Dickinson’ NeD, April. 7—A_ steam or electric railroad aud a lighted hig way or right of way, extending from the towns of Havelock and New Eng: land on the south through Dickinson to Dunn county points, may be the re- sult of negotiations now proceeding in Hettinger county, where the Lignite Consumers’ Mining Co., 2 newly form- ed organization with, offices at New England and mines at Havelock, are about to begin operations with a $350,- 000 capitalization. The contemplated plans of the new company were recited at a banquet in the Gardner hotel at New England and at a public meeting in that city Monday night, at’ which each of the directors of the company addressed the public, The ,purpose of the company is to exploit the vast Hgnite resources of this ‘section’ and. .to that end have purchased 920 acres of ground at Haye- I lock, consisting of Sectiou21, the. north-| 0 west quarter, of Section 28 and~the northwest quarter of Section 29. A natural drainage at this point will render mining conditions admirable. Beneath these 920 acres lie 18,400,000 tons.of lignite ina 12-foot vein with ;2 25-foot overburden, ‘This_ latter will be stripped by means of gigantic steam shovels with a dipper capacity of seven~and (one-half cubic yards, nearly 6,000. cubie yards of dirt will be displaced every. nine hours ‘and 2000 cubic yards cof pure Hgnite will be placed ‘in cars in the same period of time. Various test holes sunk last Octo- ber show the uniform depth of the vein’ and a neighboring mine evi- dences the outcropping of this con- tinuation to equal the depth. The lignite’ will not be loaded until ‘it is the crushing process | yeduce it to a uniform Jump thus affording better sur- face for evaporation of — the 24 per cent of ‘moisture in Hgnite and for more convenient” handling. The proc of surface mining elim- inates ‘the worry of handling ming labor, now>a_ feature of underground mining, as few are required to mine lignite when pam shovels are used. That the -price of lignite is udvane- ing is evidenced by the. pric tained ten years ago a en effect, today. Forme sold at the mine for $1.25 per ton; to day the price, is $2.40, The demand for lignite is increas- ing, a condition: wade by the shutting off of coal from eastern’ poin ing, the year 1916, 554,000 fons were mined ; 640,000 tons were sold in. 1917: and last. yeur the figures had Jincres ed to 864,000 ‘tons, Not) any of this was shipped from the state. — But 12- 000: tons were mitied in South. Dakota in 1918, and it is, predicted that. that state will show a 700,000 ton shortage this year. Active competition with all other lig- nite mines in-the state will lf met, the new company claiming that under the new freight schedule, lignite may be shipped from the Havelock mines to the following points as follows: Bis- marck, $1.10; per ton Fargo, $1.70; per_ton; Aberdeen and Sioux F; 8. D., $1.90 per ton; Minneapol St. Paul, $2.20 ped ton; and D $1.50 per ton. Owing to excellent railroad facilities; the new company will form markets in the eastern and southern parts. of the state and in eastern South Dakota. which w 53 years next July 6. He wag the youngest of the family, being surviv- ed by two brothers, Gunder and Ole Howard, of this city. He held the office of county judge of this county for two terms and later. was deputy in the state treasurer's office under Gunder Olgon: for four; years. He was a member of the Ma- sonic and‘K. of P orders. being a life member of the. grand lodge of the former and was grand chancellor of the K. P. Lodge for a number of years. For moving vans or, trucks phone Wachter Clements, who was at one time butter T_T TTT SAVE 8%. ON’ YOUR ICE BILL By Paying Cash We will sell you a $3.00 Coupon Book, for eeests Ast $5.00 Coupon Book for. vests $60 PHON Wachter Transfer BS ee BHR REL eae The selling plan -of the freighted with heavy inducement. It! is essentially cooperative in _ effect. Shares are sold for $100 each, with an eight per cent dividend. In addition to the dividend interest, each stock- holder is entitled t 025 tons of lig- nite per year for each share held, the price of the fuel to be 51.50 per ton f. o. b, minés. And one desiring to withdraw’ his interest may surrender his certificate of stock, receiving in return its equivalent in lignite at the $1.50 per ton rate. The personnel of the directors is as flolows: . President, S. J. Aandahl. chairman of the State Railway Com- ' mission; vice president, C. C .Turner, treasurer of Stark county; secretary and treasurer, D. E. Shipley, Farm- ers’ Union organizer and ‘co-operative = ae ieee E 62 buyers ‘general manager, W.J. Elliot, who conceived the plan; and legal ad- viser, Judge E. T. Burke, former as- sociate-“justice of the State Supreme Court: Eyery hider of stock shall. be: en- titled *to vote and that the individual investinént is secured 1s appareut by the fact ‘thut thé perferred stock ‘Is a-first mortgage on the company’s lund and equipment. The:new project has been favorably reported) upon by the Blue Sky Com- mission -und stock ‘selling will com- mene at once. It is thought. pos- sible ‘to have the mines working by October, MRS. MDONNELL STICKS TO STOR OF GIRL’S DEAT Mother of Tot Alleged to Have Been Beaten to Death Has Little to Say Jumestown, N. D., April. 7.—Visited by relatives in her cell at the Stuts- nian; county jail, and urged by them to tell the whole truth with respect to the’death of her daughter, Etta, for which<she aad her husband ‘are heli responsible, Mrs. Dan McDonnell of Courtney held to the same position she has tdxen since being in jail her. . She evinced ‘but little interest, and refused to give. any further information than she already has given. Sheriff Ross of Stutsman county was present during the visit the relatives made with Mrs. McDonnell . mee another cell McDonnell, the father murdered baby, maintains the on find be always has taken, in- sistiig- that he never punished the children, ‘and defying anybody to testl- fy that they ever saw him punish the ‘children. With. the time for their trial still about:two months off, ;Mr.* and Mrs. McDonnell have not engaged an at- torney. Mrs.. McDonnell spends virtually all the .time on her cot, and she takes but little food. The county physician who has visited her several times says she is in good health, but the woman: appears listless and seems to evidénce but little conecrn over her own predicament. Once or twice since she wus placed in jall she has made inquiries: concerning the: welfare: of the children, who are being cared for in the state children’s home. in Fargo. McDonnell made requests for, prayer books? and they” spent, : congigerable Jay today. Stotk is'|' . the volume produced. ° production involves ‘the: investment: {0f. millions of dollars in special machinery, plants, laboratories, etc., before a single car is produced. a Therefore, the basic design must be right2irieht beyond any question—before this special equipment : is installed. elal BISMARCK MONDAY, ‘APRIL 7, 1919. The Test of Service is the true measure of quality. Select The Flors- heim Shoe for your next pair—put it to the test and learn what.a differ ence there is in shoes. Florsheims ‘are. superior ordinary ‘ ‘shoes—they’re made different and of quality materials. “The Florsheim Shoe” is a standard of shoe value; the shoe that gives the fullest measure of satis- faction, in long service, correct fit and proper’ style. 4 Let us help you select-the proper shape and style. [ -Rosens Gales Shop Hotel McKenzie: Block On one occasion McDonnell asked | and it so. happened that:in. the: paper which was, Janded to Wii.’ eres was banished Store .. Maxwell A.Car of Assured Reliability _ HE reliability. 0 every Maxwell is assured One model quantity Pdi} ‘MANDAN Ton ception to the. Was. uifyir in ening him The pr And after production starts absolute accuracy in: every part must be assured to prevent delays, wast- . age, hand-labor—things we can’t afford. No tools are. too expensive—no precautions too tte—to: assure this result. : This. was our original plan and it has. been con- sistently followed in producing the 300,000 Maxwells - now on the roads of the world. It is the reason why of Maxwell’ reliability—- economy—uniformity. ' A car made right to begin with saves a dollar even after you buy it. ‘Western Sales Co. McDonnell, toa cave pner took ene ex- parison, ncatled for. you many ~