The Bismarck Tribune Newspaper, June 2, 1919, Page 1

Generally Fair. THIRTY-NINTH, YEAR. NO. 125. [ARCK, NORTH PB ec aes DAKOTA | MONDAY, JUNE 2, 1919. Za \PRICE FIVE CENTS. FEDERAL RIGHT TO INTERFERE : WITH INTRASTATE "PHONE AND RAIL RATES UPHELD BY COURT Highest Tribunal inthe United States Reverse Number of State Decisions in Confirming Powers of Director General, Hines and Postmaster General Burleson—North Dakota Ruling ‘Made Basis of Railway Siit—South Dakota Involved. THE RAIL DECISION Washington, D. C, June-2—Rallway freight and passenger rate increases made last June were today upheld by the Unitell States supreihe court. ‘North Dakota supreme court decrees enjoining the Northern Pacific rail- way and Director General Hines from enforcing an order of the railway ad- ministration increasing rates in that state wee reversed. The court held that the authority: conferred by the resolution and act were war powers conferred on the pesident, and that_the power of the federal government “was supreme and conclusive.” ‘ The opinion was unanimous, Two Billion Involved. Upon the decision of the supreine court today/depended the authority of the federal railroad administration to continue the collection of increased freight and passenger intrastate rates as provided in orders issued by Wil- liam G. McAdoo when director. genera! and placed in.effect in June, 1918, Un- der these orders, a, precipitate in- crease of, twenty-five per cent was made in freight rates while a general increase jin passenger fares to a_three cents a mile basis was authorized. Re- ceipts from intrastate business of the, carriers, railroad administration offi- cials said, represent between 35 and 40 pe cent of the total operating in- come of the lines under government control of about $2,000,000,000, ‘The decision resulted from appeals brought by the government ftom North Dakota supreme court decrees enjoin- ing the Northetn Pacific railroad in that state as well as Director General Hines from collecting the increased rates. The proceedings were origin- ally instituted by Nortn Dakota auth- orities, who cohtended the rates were illegal and mado without the approval ofthe state board of railway com- missioners as required by ho laws. of that state and for that reason the fed- éral -government’s action was an in- terferetice’ with the state. police pow- |’ ers. No Authority, Contention. State ‘officials " further contended that neither the joint resolution nor the railroad control act under which the government took‘over control and apeatedthe rail systeins. of the coun- try authorized the president,to initiate intrastate rates; that the Tates were established upon a misconstruction of: the powers delegated to the.chief ex- ecutive and that they were unreason- able. A general denial of these conten- tions was mad the | government which. insisted: that the acts’ under’ which the government took over the operation of thé roads were war meas- ures and that section ten of the rail- road control act clearly, gave the pes- ident power to initiate all rates. ‘Nerth Dakota Decision. + By a three to two decision, the state supreme court held that author- ity was not conferred upon the presi- dent to initiate intrastate rates super- seding pre-existing rates prescribed by the state's authority. The court also held fhat by exempting from con- tral of the president the state “police regulations” congress intended for the states to retain power ta make rates. An order’ calling upon the Northern Pacific, to stop, charging rates procided inthe federal order was entered by the’court. White! this .case: affected’ directly only: North, Dakota, similar, proceed: ings, have ‘been instituted in South Dakota, Nebraska, Iowa, Minnesota and Washington and upon this’ court’s decigion depends, the outcome of these cass, Other suits of a like nature have been threatened in a number of other states according to government officials but pending final] determina- tion of these proceedings which were designed by the government to de a testcase, state officials decided to withhold’ prosecution of those cases temporarily. Arguments in this case were heard on May 5 in the supreme court the court having previously agreed to ex- pedite consideration owing to the im- portance of the questions involved and the serious” etffect’ such litigation might have upon the revenues derived ‘by the government from the operation of the railroads. JEWS IN MOURNING MARCH IN PROTEST AGAINST MASSACRE Hebrews of Cleveland Suspend All Business and Devote Holiday to Parade Cloveland, June 2.—With muffled drums and with every marcher wear- ing mourning garments approximately 50,000 jews paraded through the down- , town section of the city today in pro- test of the anti-Jewish persecutions in Poland and Galicia. .Many Jewish fac: tories and stores closed during the afternoon. ——+--_ ——. WOULDN’T FIGHT FOR AMERICA; IS DENIED ITS FLAG Dickinson, N. D., June 2.—Be- cause he surrendered yhis first: papers rather tham fight for his , adopted countty, Claus Oscar Charlsten of Charbonneau, a na- tive of Sweden, can never become ‘an American citizen. His applica- tion for: final’ papers would have come up in regular course in dis- trict court at Shafer, McKenzie county, last week, IN RE PHONE RATES Washington, D. C., June.2.—Increas- ed telephone and telegraph rates put into effect January 21 last under an order of Postmaster General Burleson were upheld today by the United States supreme court. The court held that under the joint resolution by over by the government, there was authority for interference with intra- state rates. 4 The supreme court set aside ‘South Dakota court decrees enjoining tele- phone companies from, increasing in- trastate rates; supreme court injunc- tions enjoining the telephone com- panies from increasing rates in Uli nois were dissolved. Massachusetts’ decisions upholding the right of the federal administration to increase rates, and action begun in Kansas was dismissed. +. + Several State Actions. Authority ofthe postmaster general to increase intrastate telephone and telegraph yates as decided today by ti supreme court was iiivolved in pro- ceeditigs brought’ fram: South Dakota, Massachusetts, ‘Kansas and - Illinois, adn argued here on May 5 and 6. All grew out of Mr| Burleson’s order placed in effect on January 21 last undér authority of the joint resolu- tion ‘by whtch the government ac- quired control of the wire systems, in- crease telephone intrastate toll rates with the exceuption of the Illinois case which involved increased telegraph rates only. Arguments of the cases in the su- preme court attracted wide attention and attorneys general from a'score of states were present while briefs as amici curiae were filed by the Nation- al Association of Railroad and Public Utilitiy commissioners representing 37 states as well as by the states of Wis- consin, Pennsylvania and Ohio and al- so by the Protective Telephone Asso- ‘ciation of Baltimore, Md. _) Of Sweeping Importance. Today's opinion was regarded as be- ing of sweeping importance in view of the fact that suits involving similar questions havo been instituted in questions have ‘been instituted in tabout: twenty-five. states with the re- \sult that in South Dakota, Florida, In- \ diana; “IWnois,.. Minnesota,-... Missouri, Nebraska,'- Ohio, Pennsylvania ,New York and Michigan decisions against the governméit’ have been rendered in 'the state courts while in the federal courts in Florida, Indiana, New Jer- ser, Wisconsin and North Dakota as well as in the state courts of Alabama, Louisiana, Massachusetts . ‘and’ Okla: homa, the right:.of ‘the postmaster general to fix rates has ‘been. sus: jtained. In addition, litigations ‘have jalso. been instituted in other states /among them being Kansas, Georgia, i Mississippi, Texas and California. MOTHER AND HER 4-YEAR-OLDSON OF ALIEN TONGUE Boy Reared in Sweden Speaks . No. English; Parent Can’t “9s Talk Swedish Killdeer, N. D,, June 2.—Mother and | son, both normal, intelligeitt, human beings, with no vocal, defects, are -un- dergoing here the unusual experience of having to canverse with one anoth- er in the sign language. The mother is Mrs. John Dunlap, who lives on a homestead northwest of Manning. Her son by a former husband was, when a mere baby, given a home by the par- ents of his father, who died a few months following his birth. , The lad’s grandparents resided in Sweden. As he grew he learned to talk Swedish, and l@ knows no other tongue today. ‘Recently his mother sent for him, and the youngster made the long journey aeross the. Atlantic and half-way ‘across the American continent alone, only to find at the end of his long trip a mother who spoke an alien tongue. Mrs. Dunlap is an American who knows no Swedish; her son is an American who knows nothing but the Svensk tongue. He is a bright young- ster, however, and his linguistic ef- fects are not long expécted to prove a handicap. In the meantime he and his mother are having a rather novel time getting acquainted. TEAM READY TO PLAY Dickinson, N, D. June 2.—The Dick- inson basebal team has organized for the season ‘and it expects to book a game for next Sunday. Players now practicing include Leo Kelly, Clint Davis, Frank Grubb, H. 0. Pippin, man Hartung, Roy Lee and Fred and Hugh Buckley. Other candidates are expected to line up this week. Clint Davis is managing the team. U,\C. T. Dancing Party. Travelers and their friends enjoyed a dancing party at the Elks’ temple Saturday evening as guests of Bis- marck council, U, C. T., Conditions ‘were ideal for dancing; snappy music was furnished by a jazz orchestra) from Mandan, and everyone had a good time. The refreshments were especially delectable, and the zest-in the air was conducive to good appe- tite. 4 which the wire systems, were taken, ‘.|court pass upon the question, jany great length, but it is Frank Robinson, Hugh Roberts,’ Her- |* HALL EXPLAINS HIS STAND ON ‘BANKING BONDS Declares He Feels It Due the State and Himself That Acts Be Legalized SITUATION ANTICIPATED Debates in Constitutional Con- vention in 1889 Quoted to Support Attitude ‘Many of the political opponents ot Secretary of State Hall are severely criticising him for refusing to sign the North Dakota bank bonds in the sum} of -$2,000,000 without a court order, ‘basing his refusal upon the provision. which requires ‘him as secretary of state, to endorse a certificate on eagh bond thatthe bond is issued pursuant to law and comes within the. debt lim- it of the state. Many of Mr. Hall's friends are wonderding also, why he should object... \ Secretary, of State Hall feels that: it would be requiring a whole lot of him who ‘has nothing to do with the legal, department of the state and.is not a lawyer, to, be caused to issue a certifi- cate declaring that any particular debt e. was issued in pursuance of Iso feels that since the of state has’ nothing what- of equalization, tt ulous for him to certify that any par: ticular debt or bond issue wes with- in the legal: limit, without having a This question was debated at the’ constitution. convention held in 1899 and in the record of the convention en-+~ titled “Debates of the Constitution Convention” on page 439 appears the following < { Mr. ROLFE. I suppose the commit- tee has well considered the effect of having contained in that section’ the words, “issued pursuant to law.” I have not considered this, section. at sking cpn+ siderable of the officer specified with- in this‘section. and therefore I move, in orders to bring ‘the: matter: up: for discussion,that the words “issued pur- suant :to.ilqw'wby stricken’ Out where they appear in’ this ‘section.’ Mr.cPARSONS of MORTON. It seems strange that a gentleman would raisoa\ question of opinion in: this way..'!The objection the gentleman from Benson has to the section is that | there is @ lack of authority on the part of the tribunal. named in the sec tion. IF Very auditor in‘ the -state, down from the. state auditor would |- have a.legal opinion on ‘the question —a decision of the court, Jet us say—4 it would ‘be right and proper, but it seems tome that it is going too far to require.ati-officer whom wevéléct as_a | mere clerk:'tocallon -him’'to. form “a Megal 2opinion—sit:' in judgment -on these ‘thitigs and say whoetlier\or not these, bonds ore evidence of indebted- ness are in accordance with the law. They may be so as he understands it, but if“ that provision stands, there “pursuant. to’ law,” we should also make a.provision for submitting all these questions to the court first— before tie respective auditors are re- quire dto pass upon them. ’ It is sStrange.to ask a clerk to pass on a matter of this kind. I agree ,with the committee on their efforts to place Minot Newspaper Man Makes Wierd ‘Buy at Auction Minot, June 2.—A repre- | sentative of the Minot Inde- pendent made a peculiar pur- chase at an auction sale con- ducted here recently by the J. B. Reed Transfer company. The articles sold were for the most part-in closed boxes:rep- resenting goods not called for by the donsignees or held for chargés, ‘and the newspaper man bid heavily on a big package. Upon opening it at the solicitation of the crowd, he found himself possessed of a human skeleton. No sus- picion attaches to the ship- ment, as the skeleton has the appearance of extreme old age. ? VAST TERRITOR AUSTRIAN PACT Central Power Reduced to Popu- } lation of About Seven: a doe °s Millions MUST RECOGNIZE LE Whole Naval and Aerial Forces Must, Be Demobilized Un- ler Péace Treaty St. Germains, June 2.—Following is a summany of. conditions of peace as presented to the Austrian at St. Ger: mains today: The conditions of peace of the al- lied and associated, powers with the exception of military reparation, fi nancial, and certain, boundary clauses were handed to’ the’ Austrian plenipo- feitiaries at, St, ,Germains | today. Those clauses, which are not yet ready for presentation will be delivered as soon as’ posstble., The Austrian treaty follgws exactly the same outline ag the German, and in many places g idgptical vPith it ex- icept for the change in name. Austria is left’ by the tréaty, a: state of from 6,000,000°or 7,000,000 people in- and 6,000 square miles. She is required to’ recognize the complete independ: éhce of Hungary,:Czecho-Slovaka, and. the:Serbia-Crobatian-Slovian state, and cede other territory which previously with her composed the empie of Aus- tria-Hungary. Austria’ agrees to accept. the league of nations covenant.and the ‘labor charter and renounce all her extra ‘Europena. rights, to demobilize her whole naval and aerial forces, to ad- mit thé right of trial by the allied and associated powers of her nationals guilty of violating the law and customs and to accept detailed provisions sim: ilar to those of the German areaty aa to economic relations and freedom of, (Continued on Page Bight.) transit. AMERICAN DELEGATES IN PALACE FOR PEACE TREATY PRESENTATION Here are members ofthe. American delegation to the p congress ‘at the Trianon palace of th peace treaty terms to the German delegates. Presidnt Wilson | phe. in Versailles for the presentation | son de is at the left, Col. House behind him and General Bliss next, while in front with the president stands George. ie the British premier, David Lloyd \ } x ARAE CREE ee LANGER BRANDS |, characterized, us a deliberate TAKEN AWAY IN habitating a territory of between 5,009 | LEAGUE STORIES DELIBERATE LIE | Attorney General Denies Having Had Conversation With Alleged Detective / Surana FLY’ COP WAS CONVERTED Admits That “Townley Got Him” | —=Makes Four-Column Af- fidavit for-Boss eneral , Langer today false- hood a story ‘which the Courier-News ran with a seven column front page , Streamer purporting ‘to be the affi- {davit of one K. Moore, representing ,@ Private detective agency, who under | declares he talked with Langer, Attorney G “who, talked. gpemily- in. favor of the I. V. A. and agaihst the league and \ Wa very petulant because-the support. ‘ers of the opposition) had failed to raise sufficient fis’ to’ fight: the ‘afrmers and the. new. laws.” x | Attorney: General Langer declares he never had such-# conference with Mr. Moore nor with anyone else; that he never dtseussed the league nor the I. V. A. nor any other political. , mat- ter with any person represeiting: him- self to-be a private detéctive‘in the \employ-of! any organization opposed to the league. Viet Spy Cannot Uriderstand. The attorney general stated he could not understand what the Courier-News hoped to accomplish by such tactics. Mr. Langer has given repeated evi- denca that he is\the most jealous guardian of farmerg’ riglits that. the farmers of North Dakdta have .eve: elected to office; he has never uttered a word of criticism of the league, and he has consistently resisted the ef- forts of A. C.. Townley and other mem- bers of the faction now. in dontrol of that organization to read the attor- ney general out of it or,to alienat support for the league. No one in North Dakota seems to 'Know anything about a’man named Moore. :There thay be a -private ‘de- tective agency which has had-such a man in. its employ. tives usually are employed, oy: jealous thusbands to watch erring wives, or | vice versa,.or in similarly: ehnobling |work. Mr. Moore, says the. Couric: | News, was a private detective uatil | “Townley's | quoting M | The Charge Aga i The. basis ;screamgr. la the quer ex's {kept présgs harem is the foilowing sec- tion of an affidavit covering sogie tour columns: i “I returned tp Bismarck on April 18, and the following day, Saturday, {1 called on Langer at the state capi- tol. I introduced, myself, and Langer seemed pleased, to meet.mé. It seemed, howeyer; from Langer’s con: | versation, that'a few days after I had talked with Paulsof, Langer had met |Nelson of the I.’ V. .A. in Farg {Langer told me that he was watched jand hounded all the time, and said jthat, he could do nothing openly just jthef. He said it was dangerous for ;him to try anything at this time, but ‘declared that he was glad that I was on'the ground, and said that he ex- pected to, have something soon that | could do. i | “Langer asked me about the meth- ods that were being used to overcome the Jenene | in Nebraska, and just what was being done at that time. I told him they were awaiting develop- ments in North Dakota. In reply to that, Langer told. me,,as Paulson had done, that the fature: prospects of the league. in Nebraska’, depended upon the,outcome sof” the. referéndum in North Dakota. : : ¢ “‘Why don’t those. fellows come in with funds to help. us, out?) Langer demandéd. ‘So far,’ tha ‘bairden “has ‘been entirely on/ the men in North Dakota, and the campaign has been very costly) so fat, but we haven't begun to’ ¢pend in comparison to what is coming.’ “T told Ldnger it probably would be possible to induce Nebraska business men to contribute ‘something toward financing the campaign in North Da- kota, ig:nger thereupon intimated to me that he was the proper person to handle the funds for tho fight, and that he would be glad to hear from Nebraska men who were interested whethef in pergon or by letter.” LEHIGH MINE IN FLAMES AFFORD BIG SPECTACLE Moore’s own words, | st Langer. Embers From Long Smoldering Vein Communicated to 800,- 000 Tons: of Coal X. D., dune ' fire ever witnessed ‘orth Dakota, occurred when ithe exposed veins of the epublic coal {mine here burst into a roaring mass of flames. One coal bed had been ou } fire for several months past, but the had been isolated until the high | of Thursday carried burning em- [ bets to adjoining beds, and by 19 0’. ‘clock that evening all of the coal | containing about ae TAC buildings in danger of being destroyed, but | prompt work on the part of the North- ern Pacific fire crew and the Di artment averted the cata: While the flames in the larger } part of the mine were soon controlled ‘and finally extinguished it seems prob- able that the original fire wil continue ito smolder for another generation. / his | Private detecd< Speech Was What gov me,’:) +} was GERMANY MUST ACCEPT OR REJECT PEACE TERMS BY JUNE 25, FINAL ULTIMATUM HANDED DELEGATION | Allies’ Replies to Teutons’ Counter Proposals Will Be Formally Delivered Friday—Austrian Terms Presented Today at Con- ference at St. Germaine—President Wilson, Delayed by Punc- ture, Commandeers Army Car to Complete Journey. Paris, June 2—The replies to the German counter proposals, the Echo d’ Paris declarés, will be handed to Count von Brockdorff Rantzau on Friday. It ‘will ¢onstitute a refusal of the German counter proposals. The Germans will be told, it is said, they must either accept or reject, the allies’ terms before June 25. _ The terms of peace will bg presented the Austrians today with the problem of: Italy’s claims to the Adriatic unsolved, Pre- mier Orlando of Italy and Col. E. M. House of the United States, ‘attended a meeting of. the council this morning when the Adriatic probjem was discussed. ! . rae _ AUSTRIAN TERMS DELIVERED St. Germaine, June 2.—Austria was today given fifteen days to reply to the terms of peace given by the allied nations. M. Clemenceau was the first prominent figure to arise today at the meeting at which the terms of péace were presented. Secretary Lansing and Henry; White were the first American representatives to arrive. Premier Orlando of Italy, President Paderewski of Poland and Premier Balfour of Great Britain, followed. WILSON HAS ACCIDENT President Wilson reached St. Germaine at 12:15 o’clock. A puncture had held him up;on the way. His automobile mishap occurred at St. Cloud. While the punctured tire was being mended, an army car passed. It was ‘commandeered by the president’s party, and the president and Dr. Grayson drove atyhigh speed into St. Germaine. me AY Ste SEN. JOHNSON The Austrians were escorted in by Italian officers. Immediately on their arrival at 12.22 o'clock the session was formally opened by announcement of the head usher. ; CLEMENCEAU SPEAKS BRIEFLY. Premier Clemenceau, head of the jPeace conference, at once began his address, in Frenci. His remarks were translated into English, then into ital PLAYS LEAGUE ‘Calls Coyenant a Gigantic War densely packed, ui | Trust Administered by Ruling Class Paul Du ry of the nied the, cern 2:3. 7 Dr, Kart Kenner, th cellor-and head 0 nn. beganan ac > FEW MEN ARE IN CONTROL Washington, June 2.—Assailing the ¢ of nations as a com ination o! pewer' “in a gigantic wa" scudtor Johnson, republican, of ! ald never | ca, told’ the senate today that | sclf,:te asserped. the Paris conference dare not amend! The, chancellor | the league of nations covenant so that dress at 12:40 o'clock, concludid his ad After Dr. Réen-~ ead i jner's address Premier Clemenceau the declaration of future war would! asked if anyone else desired to speak. be decided not by established rulers | There was no response, and«he dé. ; but, by! @ popular vote of the peoples |clared the ceremony ended. = SERVIGE AGAIN “BARS NORMAL (vent war,’ he asserted. "its very crea- | Two Thousand Substitute Work- tion it has been stripped of evéry iidealistic purpose it ever had. It gony ers Instflled in Places of Men Striking [tains within itself the germs of many. | wars, aid worse than that it rivals as ‘in the Chang-Tung the chains of tyr- ‘anny on millions of people and ce- ments for all time unjust and wicked annexation. It is a great world eco; nomic trust wherein a few men sit- ting in secret may control the eco- nomical destinies of people. It is not ja league of peoples, nor does it any- where concern itself with peoples.” “Instead of coming closer to those concerned, the league goes ,a step farther from them. If those who wrote this document really wanted to pret- vent war they would have permitted the men and women’ Who must''bean the burdens of ;war to determine by their vote whether, or not, there should be war. The answer is this: 1: not a league to promote peace“but to protest power. Those who advocate it dare not amend it, so that the issues of war shall be made by the men and Winnipeg, Man., June 2.—Mail serv- ice to and from Winnipeg is again close to normal,.,announced, Postmas- ter ‘Ps C: McIntyre today, and heiadd- éd¢hat tore'than 2000 mployes had» 66 ‘hirda. permanently''to fake the place of clerks and other handlers of mail who went on strike. Wagons loaded with mail went to the stations this morning; postal wickets were op- Dickinson, D. Charged. with abduc' | year-old girl and deta his home at night, during the ab- women who must fight and die for it.” }en, collections were being made, and The revised covenants far from pre-|incoming mail was being cleared serving the Monroe doctrine, he said.|through the postoffice, it was an- would mear its destruction. He dé| nounced. \ clered the league would be a partner-| A few of the commercial telegraph- ship between the world’s “one great erg returned to work today. . going concern and bankrupt nation,’ a, and charged that the government. SYMPAHTIZERS TAKE HAND. propaganda was discrediting league Winnipeg, Man., June 2.—Shortly af- opponents. By the Paris negatiations, ter executives of the railway’ broth- he said, the United States has made erhoods attempting to mediate some many powerful enemies. of the questions involved in the Winni- —_—___--— peg strike met this mofning, a crowd EIGHT-YEAR-OLD of returned soldiers and other strike sympathizers numbering several hun- GIRL ABDUCTED | 2e¢ eathered in font,of the city hall. 2 They told Mayor Charles I. Gray they i ae were going to visit parliament for the Dickinson Man Under Arrest for third time, and that they would visit i . the board of trade and the newspaper’ Startling Crime offices on the way. sence of his wife, Jacob Meyer is KEYMAN STRIKE under arrest at the county jail here. The little girl's frantic par- rs ents searched for her all night, | but no trace was found of her un- | til the following morning when Meyer permitted her to return | Saicmae Yea tOe nt the Ne, ‘President of Telegraphers De- ‘GILBERT HAUGEN clare Atlanta Trouble Local BECOMES DEPUTY | . —Burleson Acts | Faithful Service of Veteran Em- | Washington, D. C., June .2.—S. J | !Koeningkamp, president of the com- ploye Rewarded mercial telegraphers’ union, stated here today that no date had been set Charles Guthman, deputy’ state land \for a nation-wide telegraphers’ strike commissioner, resi 1 his post at a and that a threatened walk-out in At- meeting of the university and school |1anta was purely a local affair. lands board Saturday to enter busi-)_ Almost simultaneously with Mr. ness pursuits, and Gilbert Hz n | Koeniugkamp’s statement, Postmaster veteran employe of the dep: (General Burleson announced that it named to succeed him, Mr,/telegraphers in Atlanta had been dis- Haugen has one of the longest zecords ;™ sed because of union affiliations of service of any deputy now on the | they would be replaced at once, and payroll at the capitol, being one of the that steps would be taken to discipline few to survive the first two years of | the officials of the: Southwest Tele- the Frazier administration. phone Co.