The Bismarck Tribune Newspaper, July 26, 1919, Page 1

TRIBUNE [=== LAS® mpiigor’ THIRTY-NINTH YEAR, NO. 169. BISMARCK, NORTH DAKOTA SATURDAY, JULY 26, Gee PRICE FIVE CENTS CASEY, TOTTEN AND MUIR GET STATE BERTHS Member of Board of Control and Two Regents on Adminis- _ tration Commission BAR EXAMINERS PICKED Emerson Smith Continues on Body With Two New Asso- ciations—No Judges Yet At 4 o'clock Saturday afternoon Governor Lynn J. Frazier announced the following appointments, made un- der acts approved at ‘the referendum election June “6 and becoming effec- tive 30 days following that date: Board of administration: Patrick M. Casey of Fargo, for two years; ‘Robert Muir of Sarles, for four years; George A. Totten of Bowman, for six years. ‘State board of bar examiners: Em- erson H. Smith of Fargo, for the term expiring October 26, 1921; R. Goer of Devils Lake, for the term expiring October 26, 1923, and George Moell- Ting of Ray for the term expiring Oc- tober 26, 1925. ‘H. J. Hagen, Fargo banker, was named # member of the state bank depositors’ guaranty _ commission to fill the unexpired term of I. 'N. Han- sen, formerly of the Scandinavian- ‘American bank at Fargo, and who re- signed following a ruling from At- torney General Langer holding that inasmuch as he had severed his con- nection with the Gate City bank and had become a Nort Dakota repre- sentative of a twin city institution he could no longer qualify for mem- bership under the guaranty act. Dr. C. H. Babcock of New Rock- ford was named a member of the state obard of veterinary examiners to suc- ceed himself. Other Appointments Monday The governor announced that the four other appointments now under consideration, three additional district judges and a state immigration com- missioner, will not be made until Mon- day. It has been reported on credible authority that Dr. John H. Worst, president emeritus of the agricultural college, i is to be immigration commis- sioner. There has been much conjec- ture as to the probable identity of the new judges, and at least six men have been mentioned as likely candidates for the three places. New Administration Board The three appointive members of the new state board of administration will constitute a majority of that com- mission, upon which’ ex-officio posi- tions are assigned John 'N: Hagan, commissioner of agriculture and labor, and Miss Minnie J. Nielson, state su- rintendent of! public instruction. boatd wil Itake over all duties heretofore devolving upon the hoards of control, regents and education, in addition to new powers delegated by the last assembly... P. M. Casey has been a member of the state board of control for the last eighteen months. Totten and Muir have been on the state board of re- gents. All have been identified with the league movement from its incep- ion. Emerson Smith of Fargo, who is _named a member of the new bar board for the short term, has been a mem- ber of the old bar commission for years. R. Goer-and George Moellring, who are to be associated with Smith, are not so generally well known. The bar board as newly created by the 1tth assembly becomes a licensing and examining body through whose hands every barrister practicing in this state must pass. The board also is vested with advisory powers in connection with disbarment actions. YANKS CONTINUE TO MARRY MAIDS OF FATHERLAND American Soldiers Engage in In- ternational Alliances Under Misapprehension WILL NOT BE ANNULLED Coblenz, Thursday, July 24, by the Associated Press—Reports of mar- riages between American soldiers and German girls have been’ received at headquarters from various parts of the occupied area during the past few days, but as yet no charges have been filed against any of the men, as it is understood that most of the mar- riages were due to misunderstanding regarding the anti-association regula- tion. A week before the treaty was sign- ed, several of the army chaplains, _ through a misunderstanding, inform- “ed the soldiers that marriages were permitted as soon as the Germans accepted the peace terms. Officers say that a number of marriages took place ‘before this belief was corrected by a special order from headquart- ers and calling attention of officers and men that until the United States had ratified the treaty Germany and America were at war technically and the regulations prohibiting association were still in force. At headquarters, it is said that ev- er after the United States ratifies the treaty, marriages with German girls will be prohibited by army order. To Steele Rev. John Flint, pastor of Trinity Lutheran church, leaves tonight for Steele, where he will hold services to- morrow. PACIFIC FLEET NOW. EQUAL IF NOT SUPERIOR TO WHOLE JAPANESE NAVY Aboard U. S. S. New Mexico, Friday, July 25, by Associated Press.. ADMIRAL RODMAN ROBINSON ADVISES WORKMEN'S COMPENSATION BUREAU T0 G0 SLOW IN ENFORCING STATUTE Veteran League Jurist Declares Act Is.Defective and Unsatisfac- tory—Too Much Left to Discretion of :Board—State Pays $3600 for 1400 Classifications That Are Greek to Everyone Concerned. “The bureau should go slow in trying to put the act into operation or to make any expenses under it until the supreme court has passed on the constitutional validity of the act and the big, unpublished, cumbersome and drastic rate schedule,” says Asso- ciate Justice James E. Robinson in concluding a lengthy discussion of the workmen’s compensation Letter.” The judge’s letter follows: July 25, 1919—The Workmen’s Compensetion Act—is it constitution- The purpose of the act-is to give to aJarge.class of wage earners a.mad;! erate insurance against thé accidents and ‘hazards of his employment. To obtain the insurance fund the act pro- vides for levying an assessment on a large class. of city employers, to ‘be rated according to the hazard of their ‘business and the amount of their year- ly payroll. The act is largely copied from the workmen’s compensation act of the state of Washington. The lat- ter is a truly beneficient act and it is well sustained by reason and author- ity. State v. Clausen, 65 Wash 156 215; Mongana ‘Nimber Company *v. Washington, 148. U. S. 219; N.Y. Cent. Ry Co. v. White, 143 U. S. 190. In New York the workmen’s com- pensation act estadlishes forty-two groups of hazardous employment and requires every employer subject to its provisions to pay or provide com- pensation according to a prescribed schedule for the disability or death of his employees resulting from acci- dental personal injury in the course of his employment. In Washington the statute establishes forty groups of hazardous employment and prescribes for each man a premium rate. In the North Dakota act the grade of hazard and the rate of compensation is left to ibe determined by a ‘bureau com- posed of three persons, and it has supplemented the act by fixing a schedule of avout fourteen hundred different rates and grades of hazard. The schedule has not been pu%lished, and of course, it is not generally ac- cessible to the employers and the Public. The rates vary from two mills to fifteen per cent on the em- ployer’s payroll. Now it is justly held that where a person is employed in a hazardous ‘business it is not arbitrary or unwar- ranted for the state to impose on the employer the duty of making a defi- nite and just compensation to every disabled employee. The Washington act classifies in this manner the haz- ard and the rate to be allowed on the payroll. Tunnel, bridge and trussel; sew- ers, house moving and house wrecking 065 Iron and steel frame structures. ‘Shaft sinking .. + 06 Carpenter work 085 In that way any hazardous indus- try is charged with a specific and moderate rate, which is not left to the conjecture of any expert or bureau. The ‘boss carpenter or contractor whose yearly payroll amounts to $6,-|° 000 must pay on the same .035, or, $21. Every employer can figure his ability in a minute. At the begin- ning of the year the estimate of the payroll is made on the basis of the last three months, and at the end of! year an adjustment is made on the ‘basis of the actual payroll. The acci- dent fund of each class may be neither more -nor less than self sup- porting, exclusive of the cost of ad- ministration, which is paid by the state. For instance, the class of car- penters and builders have no concern! or relation with powder makers or any other class. Each class of indus- try must bear its own loss. The Wash- ington act groups forty classes of hazardous employment, and it does not, like the North Dakota act, in- clude hotels, restaurants and the mercantile houses, or any ‘business where there is no hazard. To make anyone pay premium where there is no hazard, or to make one pay for a (Continued on Page four.) 080 act in his “Saturday Evening CHRAPER OIL T0 FOLLOW’ VICTORY OF STANDARD CO. Assistant Attorney General Packard Gets Agreement From Big Corporation If the Standard Oil Co. of Indiana secures from the United States cir- cuit court of-appeals at St. Paul the injunction which it has prayed to re- strain North Dakota officials from collecting the tax on oil and gas pro- vided for in an act of the last assem- bly, an immediate reduction of one cent per gallon on gasoline and. kero- sene will result, advises Assistant Attorney General F. E. Packard. Mr. Packard, who represented the state in the preliminary hearing of this action at St. Paul last week, ex- tracted from the Standard Oil Co. a promise that should a temporary in- junction be issued, the company will not while this injunction remains in force continue to pass on to its con- sumers in North Dakota the tax of one-cent per gallon assessed by the last assembly on petroleum products. The result will be, it is said, a saving of more than $250,000 per annum to patrons of the Standard Oil Co. alone. either side to the controversy was prepared to’ present briefs at the earing held in St. Paul last Tuesday. Some authorities were cited, and a little time was taken up with argu- ments. The court then gave the liti- gants an extension of 15 days for the preparation of briefs. Judge S. L. Nuchols of Mandan will assist the at- torney general’s office in preparing briefs for the defense. The Standard Oil Co. in attacking the oil tax act al- leges that it is discriminatory, unjust, class legislation and generally uncon- stitutional and objectionable. >| CHICAGO JUDGE FALLS TO DEATH IN CITY HALL Chicago, July 26. y 26.—Judge F. Dolan, of the municipal court, fell to his death from the seventh floor of the city hall here today. His body crashed through a skylight to the firet floor into the office of the city clerk. He was dead when picked up. —_________-_____+ HAYWOOD WILL BE RELEASED UNDER BONDS Chicago, July 26—Bonds of $46,000 for the release of William J. “Big Bill’: Haywood, convicted secretary of the Industrial Work- ers of the World, were approved by Federal Judge Alschuler today. He probably will be released from the federal prison at Leavenworth, Kan., Monday, pending hearings on appeal taken by himself and 93 other I. W. W.’s, convicted a year ago. 6 AND HIS FLAGSHIP SIX MEN DIE IN BOILER EXPLOSION OF NAVAL TENDER — Aboard U. S. S. New Mexico, ‘by Wireless to Colon, July 26.— | ‘Six men were killed today in a boiler explosion on the U. 8. S. Nelville, a naval tender attached to the Pacific fleet, Captain Twin- ing, the chief of staff, has been advised. LANGER INSISTS ON ENFORCEMENT OF GRAIN GRADES Attorney General Advises All State’s Attorneys He Will Insist on Penalties Fifty-three Nozih Dakota state's attorneys were notified today by Attorney General’ William Langer that he will expect them to throw into jail; any elevator agent, grain buyer or other individual who seeks to evade or violate the provisions of Senate Bill 14, which establishes state standards of grain grades, weights and measures. The attorney. general advised the statc’s attorneys that he would: hold them stfictly account- able for the enforcement of both the civil and criminal phases of Senate Bill 14, and that he would expect them to einforce the fines and jail sentences prescribed by law for any person or corpora- tion who seeks to evade the pro- visions of this act in dockage, grading weighing or measuring of grain, or.by violating any of the rules promulgated under the terms of the act. The attorney general’s order is one of the most and sweeping ever issued from his de- partment. POLES APPEAR TO BE SLOWING UP CAMPAIGN Vienna, Thursday, July 24, by Asso- ciated Press—The Poles appear to be ceasing their offensive against the Ukranians. ‘The latter are using all their strength against Kiev, intend- ing if successful against the Bolshevik there to return and contest the Polish Pacification of eastern Galicia. The Rumanians declared their artil- lery is stopping the Hunganian ad- vances, but the Hungarians claim suc- cesses, —Four dreadnaughts of the Pacific fleet, the New ‘Mexico, Arkansas, Texas and New York were lifted successfully through Gatun lock to- day. This was the first attempt to negotiate the waterway with a fleet of dreadnaughts and tonight the wars*ips lie anchored in fresh water at Gatun lake, 85 feet above sea ievel. The dreadnaughts will resume their trip toward the Pacific ocean Saturday at which time the Mississippi and the Wyoming, both now coaling and oiling at Colon will attempt the passage of the canal. Twenty destroyers went through the canal Thursday passing through the locks in groups of ten. Captai in Twining, chief of staff said that the canal had proved its naval value ‘beyond a doubt as dread- naughts may ‘be easily moved from celerity and without trouble as shown by today’s operations, Pacific fleet will leave Panama for San Diego, Calif, the Atlantic to the Pacific with The Sundav night. USS. NEWMEXICO SENATE 10 NOT AMEND. TREATY SAYS NEBRASKAN Hitchcock Declares Solons May Qualify Endorsement But Not Change Pact Boston, Mass., July 26,—The senate. will ratify the league of nations covenant without amend- ment, but may qualify its en- dorsement, Senator Hitchcock, of Nebraska, | ranking democratic member of the senate committee on foreign relations, asserted to- day. He was addressing infor- mally a group of newspaper men and friends at the Union club. He said he represented'46 democratic and five or six republican sena- tors who stood against any amendments. He felt certain every amend- ment proposed would be beaten by from. six:to twelve votes. REINSTATEMENT WINDS UP FIRST AVIATOR STRIKE Washington, DC, C., July 26—An- nouncement was made today at the postoffice department that the first strike of aviators in the history of ‘\the world had ‘been, settled. Six av- iators who refused yesterday to take the air with mail for New York, have een reinstated, it was announced. They were dismissed from the service yesterday. Two pilots whose dismis- sal led to the strike were not re- instated. HARTZ HOPS OFF ON SECOND LEG Augusta, Me, July 26.—Lt. Col. Hartz today resumed his flight in a Martin bombing plane around the rim of the United States. The plane rose; at 11:15 a. m. on what was intended | to be a flight of 680 miles to Cleve-' land, O. Engine trouble delayed the, start four hours, DISORDERS BREAK OUT AGAIN IN STRASSBOURG Berlin, July 26, by the Associated Press.—Disorderly conditions In Strassbourg, the capital of Alsace, are reported in advices received here today. Sanguinary conflicts between French military and civilians are al- leged to have occurred. PACKING INDUSTRY DENIES USE OF PRESS WITH ILLEGITIMATE INTENT Chicago, Ill, July 26.—The packing industry replied today to Senator Kenyon’s assertion on the floor of the senate that “the greatest propaganda that ever ‘had ‘been undertaken in this country is now in full swing with reference to the bill for regulation of the packers.” The reply was made by the insti- tute of American meat packers, com- prising about two hundred packing firms. Thomas E. Wilson is chair- man of the committee which is now directing the work of the institute. “Senator Kenyon has charged in the senate of the United States that the packers are sending out propaganda against this bill to place the packing industry under federal license, as if there were something wrong in this. Public Has Right to Know. “The entire public is vitally inter- ested in the correct solution of the high cost of living. “Complete understanding of all facts will dissipate suspicion and prejudice which if relied upon for ad- verse legislation, will harm us all— the livestock producer and the con- sumer as well as the packers. “In the last analysis the public will decide those issues and to them we will present the facts. Life of Industry Threatened. “The bill introduced by the senator threatens the life of the packing in- dustry. It is un-American and is a dangerous precedent for all ‘business. It would amount to practical govern- ment operation, which, with this com- plex industry, would result in greater disaster than that which we have with the government operation of rail- roads, telegraph and telephone lines. “There is an unprecedented propa- ganda in favor of this legislation and against the packers. The wholesale grovers and the federal trade com- mission, for example, are active wit propaganda of this character. “We are doing exactly what every American citizen has a perfect right to do. We are opposing this bill in open and legitimate manner and will continue to do so. It is unthinkable that persons whose investments and ‘business are threatened by radical and vicious legislation cannot lay the facts ‘before the people. High Cost of Living. “The senator had something to say on the high cost of living. Our busi- ness is conducted efficiently and at the minimum profit of a small frac- tion of one cent per pound. Our vol- ume enables us to retain such a small profit that it cannot materially affect the cost to the consumer. The pack- ers would gladly welcome an investi- gation ‘by an unprejudiced, competent and non-political body into the whole food problem, from farm to table, in- clusive. It is unfortunate that such an examination was not made by the federal trade commission as directed ‘by the president.” WEST COAST IS GUARDED NOW AS NEVER BEFORE \United States Can'Meet on Even Footing Any Other Force That Could Be Assembled Off Our Shores. BY F. M. KIRBY AND A, E. GELD- HOF. N. E. A. Washington Bureau. America’s Pacific coast is guarded as never ‘before. When the fleet now going through Panama canal is assembled on the western ocean, Uncle Sam will have a Pacific armada equal to the entire Japanese navy. In some respects it will be superior. This United States fleet can meet on equal terms any other naval force that can be assembled in Pacific wa- ters. From all parts of the Atlantic coast great iron-gray ‘battleships have sped to Panama. The big ditch is getting its greatest test. Canal. officials: say the entire fleet can be taken through in two days. Navy officials mean to find out. When the vessels from various parts of the Atlantic and those already in Pacific ports, get togetlter, Admiral ‘Rodman will have 200 ships under his command. The entire Japanese navy numbers Other comparisons of the two fleets follow: Pacific Fleet. EIGHT dreadnaughts EIGHT pre-dreadnaughts (making battleships) ELEVEN cruisers. Japanese Navy. FIVE dreadnaughts, TWELVE pre-dreadnaughts. (Mak- ing 17 battleships) FOUR battle cruisers. TWENTY-NINE cruisers. But at this point the tabulation loses effectiveness because of the dif-- ferences in classification between the two navies. The United States navy has no battle cruisers in commission, for instance, ‘bupt the eleven cruisers jare considered superior in fighting power to the Japanese vessels similar- ly classed. In addition Admiral Rod- man’s fleet has a large number of “small cruisers” and gunboats which are useful as scouts or patrol boats against weak or uncivilized states, but which are not counted as modern fighting vessels. But in destroyers son is: Pacific fleet, 108 (all new). Japanese navy, 90. The figures are up-to-date, from the navy department and the Japanese embassy. The Pacific fleet's tonnage is 535,- 000; the Jap navy’s 780,000. But the Pacific fleet is superior in hitting power, equal in gun power and nearly equal in man power. And in addition— There’s our Asiatic squadron! That's the fleet in the Philippines and around Guam and our other far: ther islands. Establishment of the Pacific fleet is only the beginning of the assertion of United States sea power in the Pa- cific. When congress in 1916 adopt- ed the navy department's “Thres Year Building Program’ it authorized @ total addition to our navy of 156 vessels of all types, including 10 bat- tleships and six ‘battle cruisers. Ev- ery one of these ships is either now in commisison or under construction. The new three-year program (to be complete ‘by 1923) calls for 156 more vessels and is a duplication of the previous program, including ten dreadnaughts and six battle cruisers. By 1923, therefore, the United States navy will include 61 first-line, heavy- gun vessels—dreadnaughts, pre-dread- naughts, and ‘battle cruisers—which will give about thirty of these ships to the Pacific coast. The ultimate aim of the Japanese navy department; is avowedly toward the eight-eight system; that is, eight battleships and eight battle cruisers to a squadron, and to have in time at least three such squadrons. Up to the present time, however, the state of Japanese finances has permitted only an eight-four system; but the program put forward for this year alters the plan to tight battleshins and six bat- tle cruisers by 1923. Thus Japan will (Continued on Page Four.) 16 the compari- HOUSE ASKED 10 END RECIPROCITY WITH CANADA Ways and Means Committee Recommends Action—Demo- crats Appeal for Delay WILSON BANS SMUGGLING Issues Formal Proclamation For- bidding Carrying Arms Over Mexican Border Washington, D. C., Jul- 26.—Repeal of the Canadian reciprocity act of 1911 was recommended today by the house ways and means committee. Some democrats joined with republicans in voting for repeal, ‘but others said that action should ‘be deferred pending further investigation. ‘Reduction of the war tax on fruit ' juices to two cents a gallon, urged iby western producers of grapes and loganberries, was also recommended. The committee also voted to recom- ment repeal of ten per cent soft drink war tax. Though no record vote was taken, democratic members urged that all repeals be deferred until means for replacing the lost revenue was found. Smuggling to Be Stopped. Efforts to prevent the smuggling of arms and ammunition into Mexico from the United States are to be doubled. This was made known to- day at the state department after pub- lishing of a proclamation ‘by the pres- ident on July 12 transferring control of munitions to the southern republic to the state department. President Wilson in his proclama- tion referred to conditions of domes- tic violence in Mexico promoted by use of arms or ammunitions of war produced in the United States and warned citizens of this country that violation of any laws of congress of 1912 or 1917 regulating shipments of munitions would tbe vigorously prose- cuted.” House Majority Wants Recess. Majority leaders of the house ‘have woviaed to proposs to the senate leai ers a five-week recess of the house ‘beginning next week, every effort in the meantime ‘being devoted to cléar- ing the calendar. There was some indication today that senate leaders might raise ob- jection to the plan. Consent of the o-her body is necessary for either the house or senate to recess for more than three day periods at a time. Wilson Refuses Nothing. President Wilson has written a let- ter to Senator Lodge, chairman of the foreign relations committee deal- ing with the resolution recently adopt- ed iby the senate. In making the an- nouncement today white house ‘offi- cials said the letter was “not a re- fusal of anything.” The resolution referred to in the letter was supposed to ‘be that of the committee with reference to a docu- ment used by the American delega- tion at the peace conference. To Confer With Demos. With a view to discussing the gen- eral treaty the president planned to go to the capitol today to confer with (Continued on Page Two.) CONGRESS ASKED TO BUY KILLDEER MOUNTAINS PARK Congressman James H. Sinclair Introduces Bill Creating Reserve — ‘Senator A. A. Liederbach of Dunn county. father of the Killdeer nation- al park idea, announced today that Congressman James H.. Sinclair of the third North Dakota: district, who served with Liederbach two years ago in the Flickertail ‘house of representa- tives, has introduced in the national congress a bill making an appropria- tion of $100,000 for the purchase and improvement of this beautiful foot- hills region. ‘Senator Liedervach is inclined to believe that congress will regard the Project with favor, not only ‘because the Killdeer mountains will form an excellent game preserve and an ideal national playground, but for the fur- ther reason that there is so much of historical significance in connection with this section which should be pre- served. Some of the most famous Indian battles in early territorial days were fonught in the Killdeer moun- tains. Sully, Sibley and other great Indian fighters have campaigned there, and there is hardly a foot of the ground which does not hold a ro- mantic interest for every son of the west. Senator Liederbach introduced a joint resolution memorializing con- gress when he was a member of the house in the 15th assembly. Both houses promptly adopted the resolu- tion, and it was forwarded to Wash- ington, where it found congress too ‘busy with war plans to give this mat- ter any immediate consideration. Sin- clair’s bill seems to have come at a time when congress is more favorably disposed toward proposals of this na- ture. The Sinclair bill would set aside a number of 20-acre tracts within the Killdeer mountain preserve as homes for various patriotic and fraternal or- ganizations which might desire to es- tablish an asylum or santorium there. Senator Liederbach already is behind a campaign for the erection in the Killdeer national park of a $60,000 home for superannuated members of a fraternal organization in which he is active,