The Bismarck Tribune Newspaper, August 12, 1919, Page 1

THIRTY-NINTH YEAR, NO. 183. BISMARCK, NORTH DAKOTA TUESDAY, AUGUST 12, 1919 PRICE FIVE CENTS RAILROAD SHOPMEN’ STATE WILL HOLD LEAGUE T0 ITS PROMISES, DECLARES LANGER; MISS NIELSON TO FIX COURSE OF STUDY Attorney General in Opinion Furnished Secretary Liessman De- clares Board of Administration Cannot Usurp Powers Con- ferred by Law Upon State Superintendent of Public Instruc- tion—Cites Pledges Made by Townley and Frazier—Quotes Supreme Court. That Miss Minnie Nielson, superintendent of public instruc- tion, will name the courses of study in the public schools, and that, by the echo of Townley’s campaign speeches, by the prior opinions of the supreme court, the Townley board of administration is not to select studies and inject socialism into North Dakota schools is the basis upon which Attorney General William Langer has written an opinion which was handed down late yesterday after- noon. It forms one of the most interesting as well as amusing bits of literature in the history of the fight to force socialistic text books upon North Dakota schools. It hoists Townley’s figureheads by their own political boot-straps. Liessman Asks Opinion. Charles Liessman, former secretary of the board of regents, now secretary of the newly created board of admin- istration on which Miss Minnie Niel- * gon gets a voice (at the ratio of four to one), addressed a letter to the at- torney general asking concerning the Preparation of the courses of study in the public schools. Langer in his opinion cites the con- stitution,, But he does not stop there, the cites:a section of the board of ad- ministration law; hoists Bill Lemke ‘by his own petard; cites the Townley) string of papers, cites the Big ‘Chief, himself; calls attention to Townley ad- vertisements in the publicity pam, phlet, and then cinches. his opinion by quoting from the Nonpartisan league supreme court justices, Grace and Bronson, on opinions on similar cases. Miss Nielson will prepart the cours- es of study. and she has not yet changed her mind. It is hardly. prob- able that the socialist text books of Karl Marx and Walter Thomas Mills will be included in the curriculum. Langer’s Opinion. The opinion in its entirety is as fol- lows: State of North Dakota Office of Attorney General. August 11, 1919. Hon. Chas Liessman, Board of Regents, Bismarck, N. D. Wear Sir: * I have your favor of August 6th and note that the board of administration requests an opinion as to whether they, throug {reir edacation commit- tee, “have the duty -of--preparing the courses of study for the public schools of. North, Dakota, as provided by Sec- tion 7, Senate, Bill No. 134, Session ‘Laws of 1919. Or whether the course of study shall be continued to be pre- pared.by the superintendent of public instruction as provided by Section 1109 of the Compiled Laws of 1913. Section 1109 1s'as follows: “He (or she, the state superintend- ent) shall prepare and prescribe the course of study for all the common schools .of the state.” This section was in effect when ces- tion 9, Senate Bill 134, was passed last February. ‘Section 9 is as follows: “The powers and duties of the state superintendent of public instruction as heretofore provided by law shall be subject to the supervision and control of the board of administration, only insofar as such powers and duties were by law to the supervision and control of ary or all of the board mentioned in Section 5 of this act.” The Publicity Pamphiet. This bill was referended and the publicity pamphlet was issued as pro- vided by law. The National Nanpar- tisan league, by William Lemke, di- rector, inserted on page 16 of this state document, a two page statement in which they requested the follow- ing: e “Any person desiring further in- formation can get it by writing Post- office Box 919, Fargo, 'N. D., and ask- ing for free copy of “Facts About North Dakota's New Laws.” The state publicity pamphlet, under the law, was sent out iby the secretary of state to every voter in North Da- kota. Presumably hundreds of peo- ple sent for the pamphlet gotten ou~ ‘by the Nonpartisan league. In addi- tion to this “Facts About North Da- kota’s New Laws” was circulated among their members and others by publishing the pamphlet as a supple- ment to each and every one of the string of newspapers which were some forty in number. If ever a pamphlet was circulated in this state, it was the pamphlet entitled “Facts About North ‘Dakota’s .vew Laws.” Upon referring to said pamphlet so thoroughly advertised and circulated we find the following language on page 26: The League Denial. “Moreover Section 9 of the Board of Administration Law, specifically provides that her present powers SHALL NOT. BE INTERFERED WITH OR LIMITHD IN ANY MAIN- ‘NER. In view of these facts it is dif- ficult to see how any honest person who had read the law in question can maintain that this act was passed to legislate ‘Miss Minnie Nielson out of office.” When Townley, leader of the dom- inant political faction, was out cam- paigning in the referendum election and urging the farmers to vote yes on the bills, he repeatedly stated, some- times as often as three times in one speech that Section 9 of the act gave ‘Miss ‘Nielson “More power than she ever had before.” Frazier Echoed Townley. “Governor Frazier, the respons- Ible head of the administration, time and again re-iterated Town- ley’s words. If a proposition was (Continued on Page Four.) CORPORATIONS IN ATTACK ONSTATE MONEY TAX PLAN Minneapolis Bond and Mortgage Houses Question Right to Levy Here ASKING FOR INJUNCTION Would Have Commissioner Wal- lace and Other Officials Restrained Tax Commissioner George E. Wal- lace and North Dakota’s 54 county auditors are called upon in an order issued by Chief Justice A. M. Chris- tianson to appear in supreme court ‘September 10 to defend the moneys and credits act of 1913, as amended iby “the ‘sixteenth assembly. The act is attacked by the Capital Trust & Sovings bapk;. DrakeBallard Co., ‘Gold-Stabeck *Co.,. thi finneapolis Trust Co, the Hennepin (Mortgage Co;, the Grandin Investment Co., the Minnesota Loan and Trust Co., the Merchants’ Trust & Savings ‘bank, and the St. Paul Cattle Loan Co., all but onegof which are Twin City cor- porations. Attorney. General Langer and Tax Commissioner Wallace have joined with the relators in stipulat- ing that the supreme court take orig- inal jurisdiction. This action, which involves the state’s right to levy a three mill tax on more than a hundred million dollars in moneys and credits held by foreign corporations operating in the state, is ‘based on grounds similar to one instituted about a year ago, before the amendment of the act by the six- teenth assembly. In the former ac- tion, which was successful, the for- eign corporations contended that, having no places of business in North Dakota, and actually consumating ne business in this state, they could not be taxed here. The supreme court upheld Twin City mortgage and investment houses in this action. The sixteenth assembly, however, sought to fortify the act so that it would ap- ply to such cases, and Attorney Gen- eral Langer, under the amended stat- ute, has already certifie¢. to various county auditors severa! millions in foreignu moneys and credits which he holds should be taxed in this state. The relators in the present instance set forth ihe alleged fact that all of their business is actually transacted in their St. Paul and Minneapolis of- fices; that no mortgage deals or sim- ilar matters are actually closed in this state, but that the clinching of the bargain always takes place in the Twin Cities. S They ask the supreme court for an injunction restraining the state tax commissioner and various county aud- itors from proceeding to assess them in North Dakota on their moneys and credits, or from collecting any tax so assessed or from enforcing any penal- ties provided in this act or requiring the plaintiff corporations to make any returns whatsoever. Miller, Zuger & Tillotson are the lo- cal attorneys for the relators, who are also represented by Butler, Mitch- ell and Doherty of the Twin Cities. ENGINEERS’ LOCAL CHAIRMEN MEET TO TALK WAGES New Scale to Be Drawn Up and Submitted at Close of Cleve- land Session Cleveland, O., Aug. 12.—Three hun- dred local chairmen of the brother- hood of locomotive firemen and #gin- eers representing more than 100,000 firemen and hostlers throughout the United States and Canada met here today to discuss wage demands to be presented to the railroad administra- tion. A new wage scale will be drawn up ond submitted at the close of the meeting which is expected to last the greater part of the week. Further ac- tion will depend upon whether the Gemands are accepted, ? DAVEY, WHO WILL BE NEXT KING OF BRITONS, COMES TO VISIT HIS COUSINS When he appears at the noonday luncheons and other afternoon func- tions in his honor in America, he'll look like this, faultlessly dressed in the approved British frock coat and striped trousers. ‘And, by the way, he’s developed into something of an after-dinner speaker. y COST. OF LIVING. CONTINUES BIG PROBLEMORDAY Question Absorbing Attention of Congress and Govern- ment Authorities BLANKETS TO BE SOLD Bed Clothing Will Be Added to Other Commodities Offered by Uncle Sam Washington, D. C., Aug. 12.-Prob- lems of the high cost of living con- tinued today to absorb the attention of congress: and government authori- ties, While congress went ahead with consideration of various bills and sug- gestions for legislative relief, Attor- ney General Palmer continued negotia- tions with representatives of his de- partment and state, city and county agents throughout the country for co- operation to bring about lower prices for the necessities of life. Coincident with the announcement by the war department that prices of surplus army food would be readjust- ed from time to time to conform with reductions in the retail market on sim- iar commodities which were taken as sn indication that retail dealers already were beginning to feel the effect of the government's action in placing their quantities of stores on the market, it was announced Jast night that the war department would also offer to the public 2,000,000 surplus blankets. These blankets include all grades and range from $6 for the best all wool to $1.25 for reclaimed cotton blankets, Sale and distribution of the blankets Would be conducted through posfoffices and municipal channels on the same plan that food stuffs are being handled. FORD’S MILLION DOLLAR DAMAGE SUIT IS ENDED Summing Up in Suit Against Chicago Tribune Completed at Mt. Clemens Mt. Clémens, Mich., Rug. 12,—Argu- ment in the $1,000,000 libel suit of Henry Ford against the Chicago Laily Tribune closed today with the summing up address of Elliot G. Stev- enson, senior counsel for the Tribune and Alfred Lucking for Mr. Ford. Judge Tucker said he intended to excuse the jury and counsel tomorrow while he devoted himself to preparing his instructions, Thursday morning he said he expected to charge the jury and send it to its deliberation, ‘ David Guelph, : described as a “healthy, wholesome man with light hair, blue eyes and somewhat plain, good-natured face,”!and better known as His Royal Highness, the Prince of Wales, is 25 years old, and as heir ap- parent of the British throne, is the eldest of the five children of King George V and Queen Mary. ‘He was born on June 23. 1894 and, according to his royal hiographers, re- ceived “a careful and common-sense education, -mentall and physically, and has ever shows simplicity in man- ner, dress “and ‘fife The prince, whose full name(s", Edward Albert Christian George Andrew Patrick Da- vid Guelph (his family's favorite name for him is “David"), has four perhaps, distinguishing chatacteristics. He carries a cane, is‘d splendid swimmer, and dancer, ‘and ‘tg very fond of ani- mals. _ As a youth he was spindling, with his uniform putts. MINNESOTA SOLONS MEET SEPTEMBER 8 St. Paul, Minn., Aug 12.—Governor | JA. Burnquist of Minnesota on Mon- slay Jssueda:-proclamation calling. the! state legislature: in special. sesion, on September 8. The governor urges a| brief session for the consideration: of | legislation to deal with the flood and forest fire menace, change in the pri- mary. laws, the cost of living, and wo- men’s suffrage. CHANGE WHEAT GRADES, URGES DAKOTA. SOLOX Chairman Gronna of Agricul- tural Committee Declares Farmer Penalized Washington, D. C., Aug. 12.—De- mands that changes ‘be made in the government wheat standards under) the price guarranty act “so as not to penalize every grower of wheat” were made in a statement prepared by Chairman Gronna and representatives of farm organizations and approved today by the senate agricultural com- mittee. « Chairman Gronna announced that a committee would be named to present the demands to Julius H. Barnes, President of the United States Grain Corp., and representatives of the de- partment of agriculture and in hope of having modified various government regulations ‘by which it was charged “the producers are defrauded and the consumers receive no benefit.” Agrarians’ Side Given. In the statement designed to give the farmers’ side of the thigh cost of living question the senate committee said it believed grave injustice was being done the farmer and “might continue to accumulate and seriously injure not only agriculture but the entire nation as well.” Farmers Up Against It. “While entirely sympathetic with the hardship, which present prices cause to the people of the c’ties,” said the statement, “farmers individyally and through their organizations are no less concerned with their own eco- nomic situation. “The powerful machinery of the government is now being set in mo- tion to apprehend and bring to jus- tice those who are guilty of conspir- ing to restrain trade and secure un- due profit. @#ut it must be remem- dered that this drive is now coming at a time when the great staple pro- ducts of the farm are going to market and that in selling the wheat crop, for instance, the farmer is selling his en- tise season’s labor. This is an experi- ment with which the farmer is very familiar and he instinctively connects it with the interests which in the past have pyramided their profits up- on his production at the beginning of the marketing season.” HALL TO CONVENTION. Secretary of State Hall plans to leave the latter part of the month to attend the annual convention of the national association of secretaries of state to ibe held at Madison, Wis., Au- gust 27, 28 and 29, big feet which looked bigger beneath DAVID GUELPH, H. Rel. THE PRINCE OF WALES, LANDS | Most Popular Member of British Nobility, Heir to Throne, Reaches America TO CALL ON PRESIDENT Expected to Felicitate Wilson on Closer Relations Between Two Countries 4 St. Johns, Nfd., Aug. 12.—The Prince of Wales landed here at noon today and rode through an enthusiastic crowd lining two miles of city streets over which decorated arches had _ been raised. The prince’s Canadian visit is preliminary to a tour of America. To Felicitate \. ilson. The highest dignitary of all the British ruler’s nearly 400,000,000 sub- jects, a veteran of the great war— will bear to President Wilson and the people of the United States the ex- pression of the British empire’s appre- ciation and gratitude for America’s participation in the conflift and her part in achieving final vic- tory. While in Washington ihe will be lodged in the White House, “just as President and Mrs. Wilson were made to feel at home last December at Buckingham Palace.” The Prince's. royal title, briefly, is His Royal Highness etc, K. G., G. M. (M. G., G. M. B. BE, M. C., Prince of Wales and Earl of Chester, Prince of Great Britain and Ireland, Duke of Cornwall, Duke of Rothesay, Earl of Carrick, Baron of Renfrew, Lord of the Isles and Great Steward of Scot- land. Upon the death of his grand- father, King Edward VII and the as- cension of his father to the throne, “David” ‘became the Prince of Wales, which by the way, carries no ib’g rev- enues or prerogatives for the ‘holder, who sits in the house of lords. Has $500,000 per Annum. | As Duke of Cornwall, the prince’s income is said to approximate $500,- 000 a year, derived from rents and royalties in Cornwall coal mines. He owns 12,000 acres of land in the coun- ty of Cornwall, 50,000 in Devonshire and large areas in Somerset and Lon- ‘don. He was procuaimed Prince of Wales on June 23, 1910 and invested at Carnarvon Castle, Wales, on July 18, 1911. He maintains three resi- dences, York Cottage, Sandringham; Windsor Castle, Berkshire; and Buck- ingham Palace, London. Importuned to join many wealthy clubs, the Prince so far has contented himself with membership in the Bachelors’ and the Royal Automobile The prince was a little more than 20 years old when the war broke out and with his younger brother Prince Al- ‘bert, entered the military service. He joined the Grenadier Guards at the beginning of hostilities and on No- ow | Broadway near Third street P NORTH DAKOTA: CENSUS TAKERS ARE APPOINTED Washington, Aug. 12.— Additional appointments of supervisors for the 1920 cen- | sus were announced today for North Dakota: First, Hammond D. Allert, Lang- don; second, Fred L. Walker, Ellendale; third, Charles Si- mon, New England. @. o LAND-GOING JACK TARSINVADEQUR Special Train Brings Uncle Sam’s Sailors to Show What Life in the Navy Is MOVIE SHOW ON TONIGHT Interesting Pictures Portray Sea Service—Destroyer Com- mander to Talk activities on a large scale when 60 bluejackets breezed into town this af- ternoon aboard the navy recruiting train. A three montlis’ tour of the mid- die west and central south is being made. From the moment of their ar- rival the “gobs” give promise of keep- lag things stirred up with customary nevy pep, and they are staging a pro- ‘gram of entertainment here that should go far towards arousing enthus- jasm in the navy and famillarizing Bismarck with what the navy is doing end what it offers the ambitious young man. At the auditorium this evening the sailor men will present a free band ccneert and moving picture show, Gov- ernor Lynn J, Frazier will make a short address of welcome and will in- troduce Lieutenant Daniel W. Sooy, medical corps, U. S. N., who is doing the speaking on the recruiting tuor. The movies are said to be very in- teresting films. They are called “The Making of a Sailor” and illustrate not only the various phases of navy life, but ‘also show tHe ‘United States blue- jackets in action during the war. The actual sinking of a German submarine, the operation of the deadly “ash can” depth bombs, fleet maneuvers, target ;practice and many other interesting sidelights on Navy life are shown, The films have never before been exhibited :m this section of the country and are creating a veritable furore wherever exhibited, Our First Na:y Band. A crackerjack navy band, the first that has visited Bismarck, is one of the numerous features of the navy re- cruiting train. The navy always has been noted for its excellent bands and the musical aggregation of the navy recruiting train bears this out. The navy recruiters were met at the Northern Pacific depot by a delegation headed by City Commissioner John French, acting mayor; and Postmaster Frank Reed and R. W. Patzman, who had charge of arrangements for the baseball game which is on the program. Shortly after the arrival of the train the jackie band paraded the downtown district, stopping to serenade The Tri- bune and the city hall. A few selections were given in the Northern Pacific Park, An Aero-flivver. An aero-“flivver,” said to be the smallest airplane ever built that will actually fly, Was one of the unique features of the navy recruiting train. afternoon at the Northern Pacific park. The baby plane weighs ony 350 (Continued on Page Six.) UNUSUAL ACCIDENT TO FLIVVER SENDS TWO TO HOSPITAL Ford Runs Into Rope Stretched Across Street Wrecking Wind Shield In a battle between a Flivver and a rope stretched tightly across Broad- way where the A, O. U. W. pavement dance was held last night two persons were badly cut about the face and hands, two others were badly shaken up and ‘bruised, one fainting twice, and the wind shield of the Ford is a total wreck. A heavy rope had been placed across about four feet above the pavement to keep vehicles off the street where it had been covered with a substance to make dancing more enjoyable. The Ford came down Third street and turning the corner onto Broadway ran into the rope at a fair rate of speed. The rope caught the wind shield breaking the glass which scattered over the occupants of the front seat. With blood streaming from their many wounds, Bernice Landes Charles Rene of Baldwin, who was driving, were taken to the St. Alexius hospital where their wounds were treated and dressed. The other two oc- cupants of the car, both young ladies, were thrown heavily against the rear of the front seat. and were shaken up and bruised about the body. One of vember 16, 1914, was appointed an (Continued on Page Four.) the girls fainted twice, it was report- ed. Their names could not be learned. PAIR CITY TODAY Bismarck got its first view of navy %. It was on exhibition throughout the! and) S STRIKE CALLED OFF RAIL CHIEFS IN HAPPIER FRAME OF MIND TODAY Altho Few Strikers Have Re- sumed Work, Situation Ap- pears Much Better 6,000 ARE BACK IN DENVER Big Union Organization Votes to End Walk-Out — 25,000 Urged to Return THE STRIKE IS OFF Soo line shopmen were ad- vised by wire this afternoon that the nation-wide strike has been called off, and they were instructed to return to work tomorrow morning. Supt. Scott W. Derrick of the Missouri division of the Soo was informed by the shop- men’s committee this after- noon that they will resume work here and at Wishek to- morrow morning. ° Chicago, Ill, Aug. 12—While few of, the striking federated railway shop- men in the Chicago district have re- turned to work thus far, railroad of- ficials were optimistic today. Striking shopmen in plants near the city appeared to be firm in their, de- termination to hold out against instrue- tions from international officers, but from other parts of the country thou- sands of men have gone back to work or would return today, it was stated, From Denver the report was sent out that 6,000 striking men voted to return today, At St. Louis it was an- nounced that all striking shopmen’ of the St. Louis and San Francisco’ rail- read numberihg about 7,000 were at work and as a result the embargo on freight shipments was removed. At Minneapolis, letters to 25,000 striking shopmen in the northwest urging their return to work at once were'sent out. The ‘letters: were ‘signed by nine men prominently ° identified With the strike including chairman’ of six of the unions affiliated with ‘the railway shopmen. Assurances to the public that there was no apprehension were again ut- tcred by R. H. Aishton, northwestern regional director. MUCH BETTER SAYS CHICAGO. Chicago, Ill, Aug. 12.—Conditions {due to the strike of railroaa shopmen were reported improved today in prac- tically every district of the country. excepting Chicago, Boston and Atlan- ta. According to reports received ‘by |railway officials here all shopmen on |the Nrfolk and Western railway are back at their posts, every shopman on the Seaboard Airline has returned !to work and 1,000 men employed by the Baltimore and Ohio at Baltimore are back. Conditions at Cleveland | ane Columbus are reported nearly nor- mal. Five hundred shopmen on the Chi- cago and Northwestern and the Chi- cago, Milwaukee and St. Paul road in the northwest returned which en- jabled the former road to remove its recent embargo on perishable freight ocnsigned to points in Iowa. It is estimated there are about 28,000 shop- men out in Chicago and vicinity. FOUR MEN BOUND OVER AT BEACH Taylor, Offley, Jeffrey and Stark Held Without Bail for Bowen Killing Beach, N. D., Aug. 12.—E. W. Taylor, D. R. Offley, J. R. Jeff- rey and George Stark, arraigned for the killing of M. K. Bowen, Golden Valley rancher, in a dis- pute over cattle ten days ago, were held on a charge of murder in the first degree, without bail, at the close of their preliminary hearing this morning. Judge S. L. Nuchols of Man- dan and L. A. Simpson of Dick- inson represented Attorney General Langer as special assis- tants in the prosecution of the four defendants. Taylor, Offley, Jeffrey and Stark will be held in the county jail here until their trial, which probably will be some time this fall. PEACE CONFERENCE TO AWAIT REPORT OF ITS DELEGATES TO HUNGARY Paris, Aug. 12—The peace confer- ence, it was apparent today, will take no further action in the Hungarian sit- uation until the inter allied military mission which has been sent to Buda- pest makes its report.