The Bismarck Tribune Newspaper, May 26, 1919, Page 3

TOHNLAY sit iS BANK STORIES. WERE LIBELOUS ¢ Jatfice at the St. Paul auditorium ‘last week. Death was due to heart \dis- ease. The deceased was 76 years old, coming ‘to’ St. Paul in 1852,’ when he was only eight. He was a veteran of the Civil war, alderman for several nears assemblyman and ,member! of board of public works ‘under Mayor Robert A. Smith’s admijnistra- tion. Several years ago he Was ap- pointed custodian of the auditoriym in which capacity: he was porvili when President of Nonpartisan League death found hi and Chief Lieutenant Ask ALF I HUNDRED TO rs ‘igs. Retraction ‘| TAKE IN FOURTH BASED ON PUBLIC RECORD Articles Were, Written , From Statements \Made Before State Banking Board The Tribune, in comiaon with sever- al other independent ‘newspapérs in North Dakota, has been served. by James Manahan of Minneapolis, at at- torney for A. C..Townléy and William Lemke of the Nonpartisan league, with a demand for a retraction of statements made in stories reporting the North Dakota blue sky commis- sion’s investigations of tie reorgani- zation of the ‘American National bank of Valley City. +3 The Tribune stories . were. based wholly upon evidence , reported on good authority to have been given .be- fore the. state banking commission by Jack Hastings, who,. with Thomas Al- lan Box, “engineered the eorganiza- tion of the bank, and by H. C. Aamoth, cashier of the American National bank, State officials who. were au- thority for these reports assured The Tribune that they were carrect. The Tribune has offered “Messrs. Townley and Lemke an opportunity to show through jts columns, - tha! these reports ‘were erroneous, and it also intends to publish” in, full ab- stracts of. the proceedings befare the state banking. board -in connection with the investigation of. the Valley City. bank matter, if these records are made available. If these. public rec- ords are proved libelous or to ‘contain false assertions upon the part of eny of. the persons who testified before the banking board,The Tribune will} give the same publicity. to the correc- tions that is given the. original -¢esti- mony, 3 Following is. the potice of ‘retrac- ion: f To George D; Mana, The Bismarck Tribune and its, publishers, and ‘to H. C. Aamoth and James Grady: The undersigned,. A. C... Townley and William Lemke, each for himselz, demands the retraction | withdraw: al of the libelious statements, and a withdrawal and disayowal of the li- belious. innuendo’ and_ insinuations contained in the. articles published in the Bismarck ‘Tribune on Friday, April 18, 1919, and’ ‘on Saturday, April 19, 1919, of an concerning them, as officérs:, of. the. Non-Partisan league, and of and, concerning each of them as individuals wherein you falsely and maliciously state: “Townley got his.” It may, seem high,” said ‘Thomas Allan Box, when Cashier H. C. Aamoth.; ef the American, National bank -pro- tested the .twenty..per_cent com- mission. charged farmers for the , Sale of the stock in the Townley- “jzed American’ Exchange — bank, “but we've. got to split it. four In addition to Hastings’ sl and mine, Townley and Legnke: must have theirs,” and in whtich you falsely and. maliciously atate that It was also shown that John J. Hastings, Townley’s agent in the transaction, ‘had restored to the American State bank some $15,000, which had been Jacking from ' its capital;” and wherein you falsely and maliciously insinuated and viciously suggest that the under- signed and each of them had betrayed the confidente reposed in them by. the farmers’ of North Dakota, and that they were involved in a bank scandal and had been guilty of fraud, extor- tion and grafting in the organization of the American Exchange bank, of Valley City, when in truth and in fact neither of the undersigned had any connection or interest whatever with said organization, or purchase or any knowledge of the terms or detajl», thereof, as you, the originators, ane publishers of these*lbels well knew before you published them. ; And wherein you falsely and ma- licicusly state that: 9A lawsuit in- which Mr. Lemke represented the plaintiff and in which Grady and Aamoth w ere defendants terminted ‘favorably to said defendants soon after the reorganization was com- pleted,’ maliciously suggesting and intending-to convey the insitua- tion that Mr. Lemke had betrayéd his clients in a law suit as the price for a share in an alleged bank graft when in fact the case of Sherwin against Aamoth-and Grady was argued by Mr. Lemke before the supreme court long after the so-called bank reorganiza- tion took place and is still pending a» are all of the several other suits brought by,Mr, Lemke for farmer: who claim to have been defrauded out of lands by Messrs. Aamoth and Grady and men conspiring with them. The Bismarck Tribune and its pub- lishers knew that Messrs. Aamoth ana Grady were full of malice because they had been sued by Mr. Lemke:for farmers who claimed to have been de- frauded and knew that, every state- ment, insinuation and ~ innuendo against the undersigned in said ar- ticles, attached hereto, ‘were false and maliciously libelious and therefore this demand fora retraction and withdrawal is- made unconditionally under the laws of North Dakota. A. C. TOWNLEY, WILLIAM. LEMKE. By JAMES~MANAHAN, } Attorney. BROTHER OF BISMARCK PIONEER DROPS DEAD Robert N. Hare, brother of the late Joseph Hare of Bismarck, and-a pio- St. Paul, was found dead) re- in a chair in thefmanager’s - MOTHER'S: FRIEND Expe etant Mothers eg Pains AvoipED ‘of ‘DEGREE AT FARGO Knights of Columbus From Bis- marck Will Travel in Special Car P. J. Wilton, grand knight; ~C. W. Paulson, past deputy grand knight, and eGorge M. McKenna of Napoleon, State-deputy, will represent Bismarck council, Knights of Columbus, at. the annual convention of the order in Far- go on June 3, when they will tender the state’ jurisdiction'an invitation to meet in Bismarck in 1920. The évening of June 3 a delegation of a half-hundred Bismarck knights will leave in a special sleeper on the North Coast Limited for Fargo to at- tend the initiation of one of the larg- est classes that ever has taken the fourth degree in North Dakota. It is expectéd that hundreds of knights,| representing all parts of the state, will witness this ceremonial, which B. I. Keating of Wargo, state master of the fourth! degree, promises to make a most memorable gathering. MAKERS OF ICE CREAM PROTEST LUXURY TAXES / Charging that the government tax on sodas, ice cream, soft drinks, etc., discriminates against ice cream deal- ers and that the tax itself is “obnoxi- ous and a nuisance,” members of the North Dakota Ice Cream Makers’ as- sociation are circulating petitions to have the tax law withdrawn. of the ‘ptitions are to be sent to the representatives and senators from North Dakota. The step is taken. in general with the associations of other stetes; they declare, Z The petition as circulated follows: “I, the undersigned, being a patron soda fountains and ‘ice cream parlors, believe that the tax on sodas, soft drinks and ice cream, when served at soda fountains and ice cream par- lors, is ynfair and discriminates against -a’ large and) ever increasing number of people. large proportion of these are wage earners, who at times use soda fountains and ice cream parlors to procure light lunch- eon: or refreshment.: Very often a soda, soft drink, or ice cream is taken asi part of such luncheon, or at-other times is taken’as food. “T- protest against thetax on sodas, soft:drinks and ice cream, because they are taxed when served at soda foun- tains and ice cream parlors, and :not taxed. when served elsewhere. -“¥ also believe the tax on sodas, soft: drinks/-and ‘ice cream. is. unfair because sit is.a tax on only’a small part of taxable opportunity and is therefore discriminatory. - “I find the tax on-sodas, soft drinks and ice-cream’ when served at soda fountains or:in ice/cream parlors’ ob- jfoxious and a nuisance, particularly fat the, busiest time of day, and there- fore, urge the rarnediate repeal oft this tax,” ij YOUNG “THESPIAN )IN * DIFFICULT ROLE PROVEN REAL ARTIST Through an unfortunate oversight, The.Tribune neglected Staurday even- ing in its'review of the’ junior cpa play, {All of a Sudden Peggy,” to comment on thé really exceilent work done by Ted Smith in the difficult done by ‘Ted Smuth in the difficult role of Lord Crackenthorpe. ‘The Honorable Sir Anthony was not -3 Popular character, nor was it an easy one to portray. In spite of these ar- tistic handicaps, Smith made the role one which stood out,,and his work at- tracted, much favorable attention. pare ol T. E. Flaherty, past grand knight; | Co. Copies H prsHAROK DAILY. TRIBUNE, COMPANY GETS HIGHER RATES Application Granted in Full. in Railway Commission Order ~ Issued Today Is PECULIAR ' ONE Petitioner Get3All Traffic Will Bear and Still Will Lose Good Sum A new schedule of gas rates which “not. only’ provide jno surplus from which dividends may be patd, but will also not make full provision to cover adequatd depreciation,’ but which» will result in’an average net increase of 50 cents per thousand ‘over -the pres- ent tariff was ordered effective by the North Dakota railway commission as CASE {of June 1 in findings handed down to- day on petitions of the Bismarck: Gas The new schedule will be $2.45 per thousand for 10,000 cubic fget or less; $2.20 for ‘more than 10,000 and less than 20,000; $2 for more than 20,000 and less than 30,000; $1.80 for more than 30,000-and less than 50,000; $1.60 for more than 50,00 and less thah 70,000, and $1.50 per thousand for all over 70,000, with a discount of 20 Lcdnts per thousand if bills aro- paid by the 10th of the month following that-in which the gas was consumed, and with a minimum| service charge af $1 and a $5 deposit fee for meters. The railway comnfission orders that @ depreciation reserve of $2,750 be set aside during the ensuing year, and that the increased rates remain in et- fect for a period of one year only from June 1, at the end of which per- iod such increases shall cease, and the rates shall be restored to those now ‘charged, by further order continue such in- crease for a longer period. Has Lost Money. The Bismarck Gas Co., headed by Senator Prank Ployhar of Valley City, | procured a franchise from Bismarck | in November, 1915, and began supply- ing gas about one year later. she | franchise made $1.85 per thousand the maximum charge with a discount of 20 cents for prompt payment of bills. In 1917 the company made.a profit of $4,490.86; in 1918 it lost 3,283.41, | which was increased by $915.98 from January 1 to April 1. The company appealed in 1918 to the city commission for temporary re-} lief through higher rates, which was denied, lief through the courts, under the then existing- Jaws governing public utili- ties. A comprehensive public utility act was passed by the 16th assembly, jand under,this law Senator Ployhar carried his ‘case direct to the railway commission, ‘from which he has ob- tained practically everything that he petitioned for. The company's exhib- its showed that war conditions had re- sulted ip 4ncreases yesulting from 43 to 105 per cent in all of its ‘operating costs, the|average being approximate- ly 7-0 per cent over the’ price level obtaining when the company applied for its charter. pay Case Is Peculiar. / “The present case {s peculiar in the fact that’the increase in rates request- ed. bys tht petitioner will be insuffi- cient to..cover operating expenses, provide for depreciation and” insure a jTeasonable return on the capital in-/ vested ip the enterprise,” says the railway ‘commission in its unanimous opinion.. “The petitioner, however, in its application states that the increase jof rates requested represents a: maxi- ;mum that would”be permissable, ‘and for its. ‘best interests, even though! the net returns would be insufficient to ‘make an alldwance~tor depteciation | and dividends.” TAYLOR WILL HEAD HANKINSON SCHOOLS i rep apeenet a E. J. Taylor, for years superinten- dent of Grand Forks schools, ‘and tion until 1917, When he rétired of his Soi unless the commission shall], The company then sought re-| state superintendent of public instruc-+ ‘AND WHEN THE PRINCE COMES, WHICH WILL HE CHOOSE? Douglas Fairbanks star Augustus Thomas’ world famous play.“‘Arizona,” which is the spe< cial feature at the Bismarck the- atre tonight. own volition, has accepted the super- intendency of the city schools of Hankinson. Mr. Taylor is ene of the best known and most liked education- al executives in the northwest. He has for the last-year served with the rank of: major as, vocational training expert with the U.S. war department, in which field he has won marked rec- ognition. Well Known ‘Mandan Young People Wed Miss Hilma «Anderson and Nick Boehm, two of Mangan’s well known residents were united'in marriage by the Rt, Rev. Bishop Wehrle in Bis- marck last week in the“presence of a the couple. Miss Myrtle Anderson, who is em- ployed in the office of Nuchols & Kelsch, at Mandan, a sister of the bride, attended the wedding. Both contracting parties have been connected with the Cummins-Robert- son Co. for the past nine years and are well known in Mandan, The bride.was ‘educated in the pub- \lie schools of Mandan, and the groom {has been a resident of this city for | the past fifteen years. The newlyweds will spend their honeymoon with relatives at St. Cloud and the Twin Cities, after which Mrs. Boehm will go to Cleveland, 0., for a visit with her sister. ROBERT SELLENS DEAD. \Brother of Well Known Bismarck Map Passes’ Away The death of f Robert W. Sellens, oc- jourred this morning at a local hospi- |tal, after a several week$’ illness of influenza and complications. r. Sellens was born in Illinois, 52 yeats ago. He was unmarried and is survived by one sister and four-broth- ters living in Missouri, and a brother, Walter Sellens, who resides north of Bismarck: Deceased had ‘spent most of his life in Missouri, and-came to [North Dakota this spring to assist his brother in farming in Hay Creek township, The funeral arrangements have not been definitely settled, but services will be held eas Nea at Perry’s undertaking parlors‘on Main street, at 2 o’clock. | METHODIST CENTENARY MOVEMENT GOING FINE Bismarck district chairmanrtor the Methodist centennial campaign, advises that George Mack- lenburg, area secretary at Helena, wired today that “The Methodist ¢en- | tenary wor! reconstruction. campaigo > H~ Howell, One of these preiet sisters may be the next queen of England. ‘The prince of Wales is ex- pected soon'to take a bride. The choice in royal circles has been narrowed by the war. These daugh- ters of the earl’ of Lovelace are most often mentioned in British circles, but no one knéws which is most likely to receive the prince’s offer of.marriage. They are Lady Evelyn King, left,’and Lady | Phyllis King, right,‘and either would: be. popular with the British people as a royal consort, |few relatives and intimate friends Oat “}other vegetables, AUGUSTUS THOMAS Action ALL SEATS 25¢ for $105,000,000 is progressing splen- didly in the Henela, area, with a total of $1,400,000 ‘subscribed to date in the area and with/a national total of $79,-! 000,000. = : . PEOPLE'S FORUM | Santa Maria, Calif., if May 19, 1919. Editor Bismarck Paper, Bismarck, N. Dak. Dear Sir: Please help me find my brother, Paul E, Affeldt, ago 36 years, plexion dark, heighth 5 ft. 6 in. ' Served in U. S. army from 1912 to 1915; was heard from last in 1916. He was then in either Wiliston or Wilton, N. Dak. Mother and relatives want to hear from him, Information concerning him will be greatly appreciated and any expense to get the information will be gladly. paid for.» Williston and Wilton pa- pers please copy. Yours truly, CHAS, W. AFFELDT, 1J6 West Church St, Sante Maria, Calif. ee y BISMARCK BASEBALL SEASON IS OPENED Bismarck’s baseball season opened officially Spnday when a Bismarck team cleaned up on the pen to the tune of 10 to 9. Art Bauer, manager of the Orpheum, garnered a beauti- fully upholstered peeper as a memen- to of the battle. Boxes jn the Thomas Allan Box, forn secretary of the North, Dakota council of de fense, and his son, Capt. Thomas Al lan Box. Jr who spent three ‘years flying and instructing aviators on the French front, were in the city over Sufday. Capt. Box was in South Africa when the world’s war. broke. He went to England and was accepted as a member of a British flying corps. He trained in aviation with the same French ‘instructor who taught ‘Major Eddié Rickenbacker, the American ace of aces, CARB OF THANKS. We wish to extend our heartfelt thanks to the kind friends and neigh: bors and to the members of'the Wit ton local of the United Mine Workers of America and to all others who of- fered assistance and sympathy in our}, bereavement in the death of. our be- loved brother, Frank Cowan. MR. AND MRS. JOHN COWAN and family. Cabbage, Tomato, Cauliflower —all growing in the open ground —perfectly hardy. -See Faunce, 4th St. and see the plants. LIFTLE GIRL NOW PICTURE OF HEALTH Suffered Day and Night for Years— v After Taking Tanlac Looks Like Different Child. “My little daughter Joan, has gain- ed ten pounds on Tanlac and now she’s the very picture of health,” s dim Snell, well known poultry and ‘|truck farmer of Raleigh, Terin. “When Jean was only seven years old," continued Snell. “She was taken with something like nervous stomach: trouble, and there wasn't a day or night she-didn’t suffer, until we got Tanlac for her, and she’s now fifteen years old. Her stomach was in, such a bad condition she had to tive on toast and eggs and milk, and she couldn't eat any kind of meats or Vegetables. She complained of pains in her stomach all the time and would spit up half digested food. She was nervous and would toss and roll all night, for she couldn't sleefy well at all. She was bilious and her com- plexion, was bad, and she, looked pale and sickly all-the time. » We gave her most every kind of medicine we could think of, but, nothing helped. her. “after hearing of some of the good work Tantac was doing, we got some for Jean, and it has.done wonders for het. She actually’ looks and acts like a different child, and she’s taken only two bottles.of the medicine. She com- menced picking up as‘soon as she started Tanlac, and she has gained ten pounds. . She never has indigestion now, and eats jus anything she wants—even such th{ngs as beans and and, meats, of ,all kinds, Why, she ate corn foP dinner yesterday, and it was the first time in eight years she dared taste corn,qind she eats boiled bacon that’s cooked with vegetables. She's not nervous nor bilious now, and sleeps like a baby, and’ we never hear anything out of her: from”the time she goes to bed until ‘she gets up in the morning. Her skin has cleared up and her cheeks look fresh and rosy.. You can just look at her and ‘tell she’s enjoying good health.” Tanjac is stold in Bismarck by Jos. Breslow, in Driscoll by N. D. & J. H. Barrette and in Wing:by F. P. Homan.|| Douglas Fair 1 In Hig Latest, Greatest Feature Arizona Speed ——_——Stunts—————Daring A $264,000 PRODUCTION :». .. | K jdid not com- ] | | THEATRE j yearlings fully 25c higher, ISMARC MARKETS | Chicago, May 26.—Hogs—Receipts, 46,000; mostly 20c to 25¢ lowér. Harly top, 20.25. Bulk, 20.20@20.40. Heavyweight, 20.30@20.45, Medium/ weight, 20.45@20. 40, Light, 5@ 20.40, Light light, 19.00@20.15.> Heavy packing sows, smooth, 19.50 @@19.%5. Packing sows, rough, 19.00@19.50. Pigs, 18.25@19.00. Cattle,Receipts, 18,600; steady. Calves steady. Beef steers,choice and prime, 16.90 @18.25. Medium and good, 13.40@16.15. Conimon, 11.50@13.65, Light weight, good and choice, 13.85 @16.25. Common and medium. 1) Butcher cattle, 8.25@14.7 Cows, 8.15@14 0. Canners and cutters, 6.40@8.15; Veal calves, light and handyweight, 16.00@16.50, Feeder steers, 10.25@14. Stocker steers, 8. Sheep—Receipts, 2,000; 0@14.00. lambs and Lambs, 84 Ibs./down, 1 $5 Ibs, uy, 13.00@15.35. —Culls and ‘commons, 8.50 to 13,00. Springs, 17.25@19. Wether,” 1.25@13.25. Ewes, 9.7540 1.00 50@ 15.50. i St. Paul, Minn., May 26.—Hogs—Re- ceipts. 12,000; 25¢ lower. Range, 19.80@19 Bujk,.19.90@19. “Cattle Receipts, 2,000; killers steady, 25c lower. Steers, 6.00@17.00. Cows and heifers, 5.50@14.00. Calves, 7.50@15.00, Stockers and feeders steady to weak, 5.50@14.75. Sheep—Receipts 250; strong. Lambs, 7.00@13.50. Wethers 10.00@ Dwes, 4.00@10.50. : Minneapolis, Minn., May 26.--Flour unchanged; barley, $1.00 to $1.13: rve, $1.40 to $1.40%; bran, per ton, $37.00; wheat réceipts, 263 cars, compare: pie 231 year ago; flax, $4.20 and. 4.22. UNDERWOOD POOL ROOM REOPENED The O. A, Boyd pool hall at Under- wood, closed the first of the week ur 50. der provisions of the state licensing act for alleged violations ofsthe lay, most Value, HAVE individuality: wearing ready-made clothes. tice of raking dead grass and OUR SUMMER SUIT THE QUESTION OF MOST IMPORTANCE SPIRO Service Solves the Problem. TAILOR MQDE SUIT their boulevards onto the paving. Thi ‘AMOUS PLAY TONIGHT remain “dark” long. Mr. Boyd appeared befpre F, H. Tostevin, chief of the licensing bureau, in cony pany with Ole Olson, another returned soldi esterday, aud stated that he had made arrangements to lease hig place to Mr, Olson, who would assume full control and would operate the business in conformity to the law. Mr. Olson was immediately granted: a li- cense, TOO LATE TO CLASSIFY r WANTED—Furnished flat_ or bunga- low by couple. Address 654 Tribune. 6-26-Lw WANTED—Girls at Bismarck Steani Laundry. 5-26-28 WANTED—Men or women, to assist in tailor and dry cleaning establish- ment in Bismarck. Address 65% Tribune. 5-26-lw LOST-——White kid glove on 5th’ St., be- tween Methodist church and capitol. Finder pzease leave at Tribune of- fice or call $69. $-26-20 WANTED—A good steady barbet; wages $24 per week, 60 per cent over $40 fer week. Wm. Ellis, 5th St. Barber shop. 5r262t COLORED LADY wants work by the day or hour. Phone 726 or call at 507 1ith St. « 5-26-10t CASTORIA For Infants and Children In Use For Over 30 Years Always bears : the f Signatur> of IUVHVNVUUHUAONATEUUUTOTALLAGEEAY —Try the— California Fruit & Confectionery Store Everything fresh ‘in Fruits and Home Made Candies, Ice Cream 3 Soda Water, .‘ Cigars & Tobacco on 121 FIFTH ST. Give Us a Trial—Get Our Prices CNVUVAAOANVAUAAUATACETA TALL LY N Ut- Honest Workmanship, Satis- fying Service— That’s§ SPIRO Tailoring in a Nut-shell. We could condense it further and call it Sincere Tailoring—Square Deal Tailoring would be still another way of putting it. YOUR NEXT SUIT A $16.00 Up Satisfaction Absolutely Guaranteed You’d pay as much for a good ready-made Suit, which means that we ask no premium forthe personal service-we give you—for ‘the satisfaction of having every detail of the garment worked out just as You order it—for the one thing above all else the good dresser seeks— Leveling the.expense as ‘we do, there is no excuse for ie SPIRO Don’t Rake nen Boulevards on to Paving Property-holders in some sections are making a prac- leaves and other litter from is in violation of the city ordinances and will not be countenanced. Warn- ing is hereby given that: unless this practice ceases im- mediately prosecutions will follow. —_—_—_ D. C; McLean, Street“ Commissioner.