The Bismarck Tribune Newspaper, August 1, 1919, Page 1

bi Sle. ig THE BIS CK TRIBUNE ==] THIRTY-NINTH YEAR, NO. 174. BISMARCK, NORTH DAKOTA FRIDAY, AUGUST 1, 1919 PRICE FIVE CENTS TAX LAW TANGLE PUZZLE T0 BOARD OF EQUALIZERS Law Requires Commission to Meet Month Before Returns Are Demanded WEEK LEFT FOR WORKING Stiffest Task Ever Attempted to Be Completed in Five Days anda Sunday ‘One North Dakota act requires the state (board of equalization to begin its annual grind the first Tuesday in \August. Another allows county audi- tors until the fourth Monday, in Au- gust to file their returns with the state board. ‘Still a third act, one which has been on the statute books for ‘several years, requires that the state board of equalization make its annual levy on or before the first day of September. The conflict: between these three acts was disclosed by Tax Commis- sioner George E. Wallace at an emerg- ency meeting of the state board of equalization this morning, when Mr. Wallace asked Attorney General Lan- ger whether it would not, in view of this situation, be possivie for the state! board to refrain from making its levy until some time after the first of Sep- tember. The attorney general replied that the legality of such a levy would ‘be open to question. Credit to Roylance. Prof. W. G.° Roylance, President Townley’s imported tax expert, is credited with the authorship of the two league tax bills which have caus- ed this tangle. Senate Bill 67 sets the fourth Monday in August as the time limit for reports from county audi- tors to the state board of equalization. Senate Bill 39 provides that the state board shall begin its work on the first Tuesday in August. Between the first Tuesday and the fourth Monday in August twenty days will elapse. Dur- ing that time the state board will have nothing to do unless it chooses to give consideration to the wisdom of importing’ experts to do the state leg- islating. From the fourth: Monday in ‘August until the first day of Septem: ‘ber the commission will have six days, including Sunday, in which to do the huskiest bit of equalizing that ever has ‘been attempted in.this- state. ‘Another of the Roylance tax Dills permits taxpayers who feel they have a: kick to appeal direct to the state heard of equalization,-instead of pass-|.. ing their claims first «through their county boards. State Auditor Kositz- ky. predicts that this will mean thou- sands of individual claims for the con- sideration of the state board, as com- pared with the insignificant number heretofore appealed from decisions of county (boards. Other Little Things. In addition to haying to wade through this great mass of work in five week-days and one Sunday, the state board must also tackle the prob- lem of spreading on the tax-rolls, af- ter the county valuations are reported, on the fourth Monday in October, the acreage assessment which Insurance ‘Commissicner. Olsness may find ne- cessary to reimburse owners of crops insured under the state hail law, pro- viding the state insurance commission- er has succeeded by that time in de- termining what these losses will be. Over the same valuations must be spread an amount sufficient to pro- vide one year’s interest and sinking fund on the $2,000,000 in state bonds already issued to capitalize the Bank of North Dakota, and similar interest and sinking funds to anticipate the is- suance of $5,000,000 in state bonds for the mill and elevator association and $10,000,000 for the rural credits opera- tions to be conducted through the ‘Bank of North Dakota. The half-mill levy which is to create the soldiers’ bounty fund is defined by law, and its spreading on the tax rolls will be a simple matter of addition. May Be One Way Out. Tax Commissioner Wallace sees but one way out of the Roylance tax tur- moil. That is to appeal to each and everyone of North Dakota’s 53 county auditors to speed up operations and to make returns to the state board be- fore the date fixed by law. Some county auditors assert, however, that the time allowed by statute is none too great because of the complete re- volution in valuation and assessing methods, and they are not hectic with enthusiasm over the possibilities of showing any great speed. EMMONS COUNTY FARMER KILLED Lightning Bolt During Tuesday’s Storm Fatal Linton, N. D., Aug.1.— The first rain storm of several weeks visited this vicinity Tuesday, and brought with it a Cloud of sorrow. Early yesterday morning, the sad news reached Linton that John Scherr had been killed by lightning. Mr. Scherr had left the house early in the evening to go after the cows, and when he failed to return wnat night at sunrise Mrs. Scherr weit in search, finding the prostrate body of her husband lying near the fence where he had met his death. He sti held a stick in his hand which he al- ways took with him when getting the stock, Ben Ketchum, a nelghbor of the fumily, was sent for, and helped in bringing the body. to the house. Mr. Scherr had just purchased the farm upon which he was residing last foll and was getting a good start in life when he met his untimely death. He is survived by a wife and four children, as well as several brothers living in the Strasburg neighboorhood. Bismarck Pastor © Claims Frame-up of Minot Police . Rev. C. W. Finwall, Badly Beaten in Being Arrested, Prefers Charges Minot, N. D., Aug. 1—Rev. C. W. Finwall, recently beaten in an altercation with local police, de- clares he was the victim of a frameup. Police deny the charge and say that Mr. Finwall was beaten when he resisted arrest while acting suspiciously. Mr. Finwall says he was walking along the street, when an automo- bile drove up from behind, several men leaped out of the car and ar- resting him, and that he was beat- en up after being taken into cus- ly. On Sunday previous to the af- fair, Mr. Finwall, speaking in Minot. churches, bitterly assailed the Minot police force. A @. RAIL SHOP MEN CALL NATIONWIDE STRIKE OF UNION One Hundred Thousand Men Walk Out Today in Chicago District Alone t WILSON CALLS FOR QUIZ President Asks Congress to Cre- ate Special Investigating Committee Chicago, II!., Aug. 1.—A nation wide strike of railroad shopmen was called today by the federa- tion of shopmen union. It was set for 10 o'clock and shortly after that hour messages received. at union headquarters here by John Saunders secretary of the organization, told of walk- outs at Atlanta, Ga., Jacksonville, ‘Fla. Boston, Philadelphia, and other places. In the Chicago district alone, more than 100,000 men are direct- ly effected according to union of- ficials and they. claim that all the men. had dropped their tools. ‘Increase in wages is the \ssue of the strike, according to the union officials, Men ask for 85 cents an hour for mechanics and 60 ‘cents. an hour, for helpers. . Present wages, according to union men, are 68 cents and 46 cents for the two classes. ‘SPECIAL COMMISSION ASKED. Washington, D. C., Aug. 1.—Presi- dent Wilson today asked congress to create a special investigation commit- tee to pass on the wage increases asked by railroad shopmen and other railroad employes. The pdesident ask- ed congress to stipulate in its legisla- tion that if wage increases are al- lowed under its award, it should be mandatory on the rate making guthor- ity to increase railroad rates to meet the advance. Director General Hines informed the president that inasmuch as the in- crease being asked by all classes of railroad workers aggregated $800,000,- 000 a year he hoped something might ‘be done to reduce the cost of living as an alternative because he doubted that his powers were sufficient to meet this vast sum by rate increases. MOHALL COUNTRY IS IN FAIR SHAPE Lano of Tribune-News Sees Hope for Fair Yields In spite of hoppers, hot winds and crops that have been forced to matur- ity three weeks ahead of time, the borderline region between Renville and Bottineau will enjoy a fair share of prosperity this fall, advises Charles Lano, editor of the Mohall Tribune- News, who is spending a day or two in the capital. There is an abundance of hay, and rye, which is now being threshed, is averaging ten ‘bushels to the acre. General conditions are good, and while wheat will be light, the general yield will be fair, says Mr. Lano. APPROVAL BY THREE POWERS TO MAKE HUN TREATY OPERATIVE Washington, D. C., Aug 1—It was made known today at the white house that the protocol to the peace treaty which was sent to the senae late yes- terday by the president included tie agreement that the German treaty shall some into force upon its ratifi- cation by ‘three of the associated pow- ers and (Germany. What else was contained in the protocol if anything was not. disclosed. COMMITTEE TO LOOK INTO HIGH COST OF LIVING APPOINTED Washington, Aug. 1.—A special com- mittee to consider means of reducing the high cost of liging was appointed ‘at the meeting yesterday of members |of President Wilson’s cabinet with At- torney General Palmer. The mem- ‘bers will compile suggestions thus far made and report to the cabinet Mon- day when further steps will be taken. * One suggestion made was that the government held this year’s wheat crop at the market price to be determ- ined by the law of supply and demand and make up guarantees to the farm- ers out of the) billion dollar fund ap- propriated by congress, .-} sald, began. fir BEACH AROUSED OVER KILLING OF LBAGUE FARMER Talk of “Neck-Tie” Party Grows Out of Allegations of Political Feud BOWEN SHOT BY TAYLOR Constable Fires Three Times With Automatic—Victim Carried Winchester Beach, N. D, Aug. 1.—Beach is much incensed today over alleged éf- forts to make political capital ‘from the killing of M. K, Bowen at his farm eighteen .miles south of Beach, by EB. W. Taylor, a constable of the same neighborhood, during an altercation over the replevening wf cattle owned by D. R. Offley, a near-by rancher, which: had been taken up by Bowen. Bowen was a prominent leaguer in the southern part of Golden Valley county, and-socialist agitators here are alleged to be endeavoring to make it appear that Bowen was murdered tbe- cause of his politics. There are open threats of a neck-tie party, in which Taylor, who is confined in the coun- ty jail here, will feature, and prom- ises of what Governor Frazier will do, The Story. The story as related by eye-witness. es of the shooting, D. R. Offley, own- er of the cattle, and John Stark, a township constable, was to the effect that the party visited Bowen’s place Thursday evening to recover some cattle which Bowen had taken up and which Offley had replevenined. There were some words, it is said, over the condition of the cattle. Bowen, it is alleged, started for the barn in a high rage, in spite of efforts of Taylor and Stark to detain him. When he reap- peared he was, it is alleged, pumping shells into a Winchester. Constable Taylor swears that Bow- en was aiming at him when-he (Tay- lor) whipped -out ‘an automatic and fired two shots at Bowen. © This failed to stop Bowen, and, as he came’ on, Taylor, it is alleged, fired: a. third time. All of the shots, jt was later -| discovered; took effect, but: the third. shot evidently was ‘the-one which caused Bowen's death. Widow ‘Opens. rire. ‘ ‘Attracted to a window in her. hom by the shooting, Mrs. Bowen,’ it» is Ban. pon, Offley, Taylor, and Stark with a rifle.” The trio then took to their ‘heels, and-as rapidly as possible’ proceeded: to Beach, where they ‘reported the tragedy. .'‘Sherifi John Piersina and ‘the county coron- er went to, the =cene of the shooting late last night e/id made as thorough an investigation as possible. This af- ternoon an inquest is being conducted, at which Mrs. Bowen and neighbors and the witnesses of the shooting will be called upon to testify. ie There had been bad blood for some time, it is said, between Bowen and Offley and other of his neighbors, The affair has created intense excitement here, and the killing is fast develop- ing into a bitter partisan issue, altho friends of Taylor insist that he fired only in self-defense and that his act had no political significance. DISTRIBUTION OF VICTORY MEDALS SUBJECT TO DELAY The recruiting office at. Bismarck has been notified that the distribution of the victory medal to former service men honorably discharged has been delayed. A large number of applica- tions have been received for this medal, but they will not be ready for distribu- tion for several months, according to the war department. The method of distribution has not yet been determined, but it will pro- bably follow the general scheme now being used for the distribution of the victory button. Wide publicity. will be given the adopted scheme of distribu- tion of the medal when they are for issue, the war department announces, Applications for medals should not be made until that time, it is reuested. FIRST UNIT OF FAMOUS SECOND DIVISION HOME New York, Aug. 1—The first unit of the famous 2nd division to return home, the 9th regiment of infantry, 121 officers and 3,078 men, arrived here from Brest to- day. All other units of the divi- sion noW-are on the seas. PROTOCOL TO HUN PEACE TREATY IS IN SENATE HANDS Long Explanatory Letters From Wilson and Lansing Submit- ted With Document 10 LIST HER CRIMINALS Catalog of Master Fiends to Be in Allies’ Possession Month After Signing ‘Washington, Aug. 1.—The protoco to the German peace treaty defining explanations -of the treaty agreed to in memorandum exchanged tbeitween the Cerman and allied plenipotentiar- ies was laid ‘before the senate today by Vice President Marshall, The doc- uments were transmitted yesterday by President Wilson but too late for sub- mission until today. They were. aceompanied by explan- atory letters from President Wilson and Secretary Lansing: Among the provisions in the proto- col is one.requiring the German gov- ernment to transmit to the allied and associated governments within one month after the treaty becomes. ef- fective, a list of persons who are ac- cused of having:committed acts in vio- lation of the laws and. customs of wars. Another paragraph provides for ap- pointment of a‘ committee to super- vise destruction of the German forti- fications.on 'elgoland in accordance with the provisions of the treaty. Provision ,.also is‘made that “pro- ceedings be taken against -persons who “conimitted : punishable’ offenses in the liquidation, of German property” in ‘the allied countries, and the proto- col’ says the’ ‘allied and associated powers will’welcome. information or evidence the’ German government can furnish on. this, subject. STATE TROOPS IN FULL.CONTROL IN _ CHICAGO JUNGLES Little Rioting During the Night and Comparative Order. Reigns Today Chicago, Ill, Aug. 1—lLaw and or- ger prevailed in Chicago today. Six thousand state troops patrolled the scenes of the recent race riots, ‘but they had little to.do., No serious dis- turbances were reported at noon. As a_ precautionary measure, the state troops will be kept on duty for several days longer. Two more victims of riots died to- day, bringing the total number of edaths to 34, with about 1,500 injured. One policeman was killed, and 26 in- jured in battling with the rioters. i Five of the injured policemen may ie. ‘Stores were reopened today and thoupsands of negroes returned to work. ‘Chicago, Ill, Aug. 1.—With state troops in full control of the “black belt” of Chicago, the rioting that has terrorized that section for four days and nights was pronounced by state and city officials “at an end” today. The total dead since the fighting start- ed at the Twenty-ninth street bathing beach ‘Sunday following the drowning of a negro lad, is 32, eighteen negroes and fourteen whites. The total in- jured has not been officially tabulated, but is known to be more than 300. Adjutant General Dickson said to- day that the situation was well in hand and that while the embers of race hatred were doubtless still smoulder- ing, he feared no further outbreaks. Last night developed no serious dis- orders. IN MURDER MYSTERY KANSAS CITY, KAN.—Fitzroy K. Simpson, formerly a lieutenant in the 30th Field Artillery (below) was rid- ing with his sweetheart, Miss Evelyn Hall, in Kansas City’s most exclusive residence section. According to Miss Hall, she was putting on the former officer’s coat when a man’s head and a hand holding a revolver were thrust into the electric and a voice said, “Get out, quick.” The lieutenant stepped out and was shot dead. LENINE 70 QUIT ARTER DRASTIC POLICY CHANGE Reliable Information Reaching Stockholm of Bolshevist’s Retirement Stockholm, by the Associated Press, August’ 1.—The.. Svenska Dagbladt is informed by persons closely connected with the Russian . soviet government that Nickola Lenine, the premier, in- tends to begin .a \drastic: change ot policy. and then retire. “One condi- tion of his, retirement willbe that Trotzky, the Bolshevist war minister, be Jeft,.in, cammand.of.tha.red.army, ‘At recently held meetings of the so- viet’. government commissary, the newspaper’s informers say, the _ques- tion of giving power into the hands of other socialistic parties was earnest- ly: discussed, but Lenine declared the best way to check the redction as rep- resented by Admiral Kolchak, head ot the all-Russian government at Omsk, would ibe to drop all power for the time in order to prove that another party could reorganize Russia. This, Lenine « contended, would strengthen the Bolshevik government and enable them to resume power la- ter. WAR EXHIBIT TO BE DISPLAYED IN BISMARCK ARMORY Through the generosity of M. J. O'Connor, the armory at Bismarck will house the war department’s exhibition of equipment used by the American troops in France, which will be open- ed to the public during the week of August 10. It was originally planned to have the exhibit displayed in the recruiting office, ‘but as this is con- sidered too small for the many articles which will be on view, Mr. O’Connor was requested to donate the use of the armory for that purpose. The exhibition requires a freight car to ship it from city to city, and wherever it has been displayed it has attracted attention from thousands who are interested in seeing what their folks fought with against the Germans. Several enlisted men ac- company the exhibit and explain in detail the methods of use and the purpose of each of the many articles. FOOD FOR YOU IN UNCLE SAM'S WAREHOUSES CHICAGO—Uncle Sam’s big army food warehouses are now helping the public to break the backbone of the food trust. Distribution of surplus through food clubs and city organizations at prices way below those fixed by the monopolies has begun. These government workers are check- ing out and shipping stores of canned goods for nearby cities, COMPENSATION BUREAU CITED TO SHOW CAUSE WHY IT SHOULD NOT BE ENJOINED FROM OPERATING Fargo Real Estate Man Attacks Act as Unconstitutional—Declares Classification of All Employments But Two as Hazardous Is Illegal—Demands Schedule Rates. Associate Justice Luther E of Classifications and Premium . Birdzell today directed to the workmen’s compensation bureau on petition of Lawrence & Murphy of Fargo an alternative writ commanding its members to appear in supreme court September 5 to show cause why there should not issue a writ of prohibition enjoining them from pro- ceeding under the workmen’s c sixteenth assembly. ompensation act passed by the Application for. the petition was made in behalf of Henry Amerand of Fargo, who employs two stenographers. He contends that his business, that of selling real estate, contains no hazardous elements, that the duties of his employes are purely clerical, and that many other employes in North Dakota are similarly engaged, but that nevertheless the workmen’s compensation act requires each and every employer of such labor to become liable for the payment of premiums into the workmen’s compensation fund. BOLSHEVISTS IN QNEGA SECTOR CLAIM SUCCESS Advance of Fourteen Miles in Northern Russia Is Reported WHITE REGIMENTS STRIKE Communique Declares That Op- ponents of Communists Ar- rest Resisting Chiefs London, August 1.—Success for the Bolsheviki in the Onega sector of the ‘Archangel front are reported in a s0- viet official statement sent by wire- less from Moscow. The statemeat de clares the Bolshevik forces have ad- vanced fourteen miles, aided by mu- tiny among the allied troops. ‘The text of this portion of the com- munication reads, “We have advanced fourteen miles northward on the One- ga.. The advance was proceeded by an uprising of white regiments who ar- résted resisting officers’ and’ handed them over to,our side.” The official statement bears date of July 31 and the rising reported ap- pears to have been subsequent to the recent mutiny among the Russian troops on the Achangel front report- ed by the British army authorities. The Moscow message also reports unrest in Siberia. It claims that there is insurgency existing on a front ex- tending from Pashkent in Turkestan He states that the workmen’s compensation bureau is about to proceed to enforce the collection of such premiums and that such contemplated enforcement ef- fects the rights and property of thousands in North Dakota, and he alleges that the act is void and unconstitutional for the rea- son that it violates Section two of the constitution requiring that all laws of a general nature shall have a uniform operation; that it violates Section 20 of the con- stitution providing that no spe- cial privileges or immunities shall ever be granted which may not be altered, revoked or re- pealed by the legislative assem- bly ; nor shall any citizen or class of citizens be granted privileges or immunities which upon the. same terms shall not be granted to all citizens. ; The relator holds further that the act violates Section 175 of the constitution which provides that no tax shall be levied except in.-pursuance of. law, and. that every law imposing a tax shall state distinctly the object of the same. The principal objection seems to be, however, the classi- fication of all employments, with the exception of agricul- tural and domestic service, as hazardous. to Nikolayezsk on the Amur. In the region of the Amur, it is declared, the insurgents annihilated a large detach-' ment of Japanese recently. In addi- tion, it is asserted, an important Bolshevik detachment is advancing from northern siberia toward Tomsk. DENIKINE SCORES ANOTHER IMPORTANT SUCCESS, SAYS REPORT FROM RUSS FRONT. London, Aug. 1.—News was receiv- ed here today that the volunteer army of General Denikine, one of the most important of the Kussian anti-Bolshe- vik forces, has scored another import- ant success capturing the city of Pol- atza. With the cliy large quantities of } supplies and war material were taken. '. The petitioners before apply- ing to supreme court for a writ served a demand on Attorney General Langer that he appear for the relator ex rel the state of North Dakota. This Mr. Lan- Ad refused to do,.and he stated hat he considered it his duty, as ‘attorney general, td represent the state and the workmen’s compensation bureau in the de- ‘fense. The court reserves until ‘September 5 questions of juris- (diction. The petitioner then served up- on the attorney general as coun- sel for the state and the defen- LEGISLATURE MAY tdant. workmen’s compensation HAVE FAILED TO sbureau a demand for a complete CARE FOR JUDGES State Auditor Asks Langer Where New Salaries Are to Come From When the legislative assembly last winter made North Dakota a present of three additional district judges, it neglected, in the opinion of State Aud- itor Kositzky, watchdog of the treas- ury, to provide salaries for these jur- ists and their assistants. The judicial redistricting act creating the new of- fices provides that all district judges shall hereafter receive $4,000 per an- num and expenses when outside their home bailiwick, but it makes no speci- fic appropriation for the payment of such salaries and expenses. There seems to have been a similar oversight on the part of the state budget board, for, although the omni- but appropriation bill was not finally passed until after both houses had acted favorably ‘on the judicial redis- tricting bill, no appropriation was made for the additional judges. The state auditor has asked the attorney general's office for instructions. He informs Mr. Langer that he knows of no fund from which these salaries can be paid, and he expresses the opinion that it would ibe illegal for him to pay such salaries from any fund not spe- cifically set aside by the general as- sembly. TOSTEVIN COMPELS SOFT DRINK MEN TO KICK IN Farle H. Tostevin, chief of the li- censing department in Attorney Gen- eral Langer’s office, has returned from a vacation spent in canoeing over a chain of Minnesota lakes. En route he did a stroke of business for the state by assessing 73 soft drink purveyors at the Fargo fair 50 cents apiece as one month’s license at the rate fixed by the new licensing statute. ‘schedule of the latter’s classifi- ‘cations and premium rates, re- .questing that such evidence is ‘produced at the hearing on Sep- tember 5. No publicity has ever ‘been given the bureau’s classifi- cation of risks or its schedule of ‘insurance premiums. POLICE STRIKE IN GREAT BRITAIN IS EFFECTIVE TODAY London, Aug. 1—The police strike in London and the English provinces called suddenly yesterday in protest against ending legislation affecting police organizations went into effect today. While labor circles declared that some 65,000 policemen and prison officials throughout the country had left their duty, it was asserted by Ed- ward Short, the home secretary in the house of commons, that the strike had been a failure both in London and the provinces. The secretary conceded that the strike order had ibeen obeyed by about 1,500 policemen. In contrast with the home secre- tary’s statement, it was announced at a meeting of the strikers that the city police would ¢o out in a body at noon. TAPPEN BIGGER THAN WEATHER—MONTGOMERY “Hoppers, rust, dry weather, hot winds, too much rain and not enough rain all combined haven’t succeeded in stopping us,” said R. J. J, Montgomery, ex-president of North Dakota Farm- ers’ union, who was in yesterday from Tappen, in Dawson county. Mr. Mont- gomery says that things might be bet- ter and that they might be worse, but that they actually are about average and that everybody will pull through without starving or any real suffering,