The Bismarck Tribune Newspaper, October 30, 1919, Page 1

7 ; > » i THE WEATHER Partly cloudy. HE BISMARCK TRIBUNE oe Om, LAST EDITION THIRTY-NINTH YEAR, NO. 249. BISMARCK, NORTH DAKOTA THURSDAY, OCT. 30, 1919. ‘ PRICE FIVE CENTS , NORTH DAKOTA'S SOLONS TO EAT THANKSGIVING BIRD IN CAPITAL; SPECIAL SESSION NOVEMBER 26 Legislature Called to Convene in Extraordinary Assembly Two Days Prior to Thanksday—Governor Wants Solons to Ratify Equal Suffrage Amendment, Provide Aid for Farmers and Bolster Up Industrial Programme, Says His Proclamation. North Dakota Bismarck. Tuesday, November 25, at feline Sebi lawmakers will eat Thanksgiving turkey in noon, two days in: advance of Thanksgiving, they will be convened in extra session at the capitol y proclamation of Governor Frazier, filed Wednesday evening with the secretary of state. Governor Frazier’s proclama tion follows: “By virtue of the authority vested in the governor by the constitution and laws of th¢ state of North Dakota, and in pur- suance thereof, I herewith call the legislature ordinary session at the capitol at Bismarck to convene in extra- ‘at 12 o’clock noon, November 25, 1919, to consider and act upon the following subjects .of legislative business: “First: The ratification of the woman’s suffrage amendment to the federal constitution. “Second: To provide aid for farmers of the drouth stricken districts. “Third: To enact such further legislation as is deemed neces- sary to facilitate the carrying out of the state’s industrial pro- gram.” Details which the governor i not mention probably will -be: The reorganization of . the -banking board, dropping Secre- tary of State Hall and Attorney General Langer from member- ship. Reérganization of the indus- trial commission, dropping Lan-| ger from membership. An amendment of the banking laws conferring greater powers on the state examiner, who is appointed by the governor, and transferring them from elected officials who are members of the banking} board. An act removing Langer, Ko- sitzky and Hall from the state board of university and schoo! lands, which controls North Da- ‘kota’s $75,000,000 permanent school endowment fund. Acts curbing the powers of the attorney general, the state audi- tor and the secretary of state. A reorganization--of-the: state. auditing board which will’ omit the secretary of state and state auditor from membership there- on. ‘The purpose of these measures is said to be to concentrate more |° authority in the hands of the governor and to make the pres- ent administration more respon- sive to his demands. Impeachment Possible In addition it is commonly re- : ported that Hall, Langer and Kositzky, and possibly State Treasurer Olson, will be removed in one clean sweep if league lead- ers, after the legislature’ gets into action, are satisfied that they have sufficient strength to impeach. WILL BE THIRD SESSION The special session which Governor Frazier has called for November 25 will be the second in the three years of his administration, and the third in North Dakota’s thirty years of state- hood. The first extra session was held June 1-to 3, 1891, when the second assembly was convened to pass some laws relating to the election of presi- dential electors. From that date until 1918 North Dakota had no extraordi- nary assembles. In 1918 Governor « Frazier convened the fifteenth assem-| bly in special session to amend the state seed and feed act and to pass certain war measures including an act creating the state council of defense. That session was comparatively brief and uneventful, Under the North Dakota constitution the legislature is its own master after the governor has convened it. The Jawmakers need not confine themselves to matters specified in the governor's proclamation calling upon them to as- semble, nor need they limit the-length of the session.to any term which he may designate. MANY INVESTIGATIONS In the present instance independent members of the assembly already have declared their intention of demanding the appointment of committees to in- vestigate the Bank of North Dakota, the operations of the mill and elevator act, the actions of the state banking , board in. connection with the zecent closing of the Scandinavian-American bank, the activities of State Examiner O. EB. Lofthus, in connection with this matter, and the stewardship of the state industrial commission which is in charge of all public enterprises, in- cluding the industrial program of the league. There seems to.be considerable doubt to carry out fits thréats of impeachment, (Mable to impeachment -for habitual as to athe the league will attempt Section 196 of the constitution provides that “The governor and other state , and judicial officers . . shall be drunkenness, crimes, corrupt. conduct, or malfeasance or misdemeanor in of- fice, but judgment in such caseg shall not extend further than removal from office and disqualification to hold any office 6f trust or profit under the state.” a The league has made no charge of ‘habitual drunkenness, crimes, ‘or’ cor- MORE PROMISES DUE FROM HUNS Paris, Oct.. 30.—Before the peace treaty becomes effective the German representatives will be required, it is expected here, to sign an additional protocol binding Germany to carry out armistice clauses which were not incorporated in the treaty of Ver- sailles. The supreme council consid- ered the text of the proposed instru- ment today. SIX DEAD AND 490 INURED IN ‘WREOK OF FLIER Southern Pacific’s Fancy Train Goes Off Curve at High jeres Speed Los Angeles, Oct; 30.—Six dead and 120 persons injured, many seriously, was the known toll today of the wr % the, Southern Pacific railroad’s *Juaquin Valley’ Flier.” The tangled ar Actom, a few clk mass of wreckage n niles from here, was expected to re- yeal’ additional bodi No official in- vestigation of the wreck had been ar- ranged early today, but railway officials said it was caused by the engineer at- tempting to make too much speed on a ten-degree curve, COUNTY TEACHERS PRAISE CONDITION OF CITY SCHOOLS Were Impressed With the Dec- orations and Pictures Used in Classrooms The teachers attending the Burleigh county institute,,today were shown how the talking’ machine could mate- rially aid in teaching younger children especially the sense of rythm as well as the various folk songs of this and other countries, dancing and nursery rhymes and stories. The demonstration was made by S. Dana Townsend of the educational de- partment of the Victrola company. Mr. Townsend had a large Victrola playing the various records and used a number of children from the city schools to show how interested and children become in the work and how easily they learn the songs and stories. This afternoon, H. P. Goddard, county director of the ‘Roosevelt Memorial association, will address the teachers requesting them to have the school children of the county contrib- uting small sums towards North Da- kota’s fund for the Roosevelt mem- orials which are to be erected in New York, Washington and possibly this state. School management and seat work are the two topics of today’s discus- sion and the teachers will be instruct- ed how pupils can be instructed and kept interested in their subjects. _ The teachers visited the various pri- mary school rooms of the city schools yesterday and their reports this morning of what they had seen stressed the decorations in the various rooms. All of the teachers were im- pressed with the pictures and. other decorations used in the schoolrooms visited and commented favorably on the attractiveness of the rooms due to these decorations, The institute will finish its work to- morrow afternoon, MOORHEAD CITY DAD SOAKED COP WHO PINCHED HIM - Moorhead, Minn., Oct. 80.—John T. Smith, member of the Moorhead city council, was arrested today on a charge of assaulting Philip Harter, plain-clothes-man of the Moorhead police department. He will be given a hearing tomorrow. ‘ » Tupt conduct against Hall, Langer, Oison. and Kositzky. The only charge Which could be brought with any show n on Page Two Six days ago Smith was fined for bootlegging when arrested on Har- er BEFORE PEACE| ———<—<—<—<<__—— —_+—* NO ELECTION IN WARD, FRAZIER INFORMS MINOT Minot, N. D., Oct...30.— Governor Lynn J. Frazier to- day informed a Minot com- mittee that he would not call a special election in the 29th legislative district to select a member of the house of rep- resentatives to succeed O. N. Cleven, who died recently. The Minot ‘ committee asked that the governor call an election insisting that the district was entitled to a full representation in the special session called for November 25. According to A. 'M. Thompson of Minot, selected by the committee to, present the matter to the governor, the executive informed him that the calling of an elec- tion was optional with him and that he did not intend to | call one. : %. “ WEIRD TALES OF NEW CONSCIENCE IN N. P, LEAGUE Satelites Spread Stories at Capi- tol of Recent House-Clean- ing Within BRINTON CANNED AGAIN {Popular Farce Repeated With Same Loud Applause—Have Hopes for Peterson | = There are wierd whisperings about the ranks of the Nonpartisan league. it apears principally to have some- thing to do with the re-excommunica- tion of J. W. Brinton. Mr. Brinton, apparently, has the average housecat beaten a mile in point of longevities, tor he has gone through the same pro- cess ‘at numerous -other critical mo; !;uents in the life of the league, and has latways turned up smiling when the {storm period subsided. It is also said that there has been a realignment in Mr, Townley’s ad- yisers, The trouble, outsiders say, hasn’t been with Mr, Townley, but with his advisers:, So a new set of advisers has been supplied for Mr. Townley and the public is informed that “the league will now be stronger than ever, but more conservative.” It is “hardly probable that William Lemke, chief among President Town- ley’s cabinet, and held by some leaguers co be greattr than Townley himself, is among those droped. It seems to set- tle down in the final analysis to an- other dropping of Brinton. CONFIDENT OF VICTORY League office-holders at the capitol are very confident of a N tory in the twenty-second di: November 25, when a senator is to be elected for the seat which will be va- cant in the upper house on the open- ing of the special session called for the sume day, through the recent death of Senator A. S. Gibbens. C. P. Peter- gon of Bisbee, a league floor leader in the house two years ago, is the league late, while D. J. Beisel of Cando independent opponent, Paul Higgins of Cando, the independents’ original choice, was regarded a much stronger man, but because of a recent change in his rtsidence it was thought best not to run him, for fear his seat would be contested if he were elected. Gibbens was a stalwart man and an independent, ‘The election of a Non- partisan as his successor would recom- pense the league to some extent for the loss of Senator F. W. Mees of Mor- ton, who insurged at the close of the regular session last winter, Gibbens defeated Peterson last fall but the former was one Of the oldest and ablest men in the senate, and the presnt in- dependent candidate has not Gibbens’ splendid legislative record to help him, NO ELECTION IN WARD Governor Frazier has continued to ignore the existence of a vacancy in the house delegation from Ward. 0. N. Cleven, who became seriously ill shortly after his election last Novem- ber, and who never was able to qualify for his seat, died a few weeks ago. Ward county last November returned a solid anti-league delegation, and Cleven was ‘among those opposing representa- tives. The fact that a vacancy existed in Ward county was informally brought to the attention of the gov- ernor several weeks ago, when he first issued a call for a special election in ‘Towner county. His reply then was that the auditor of Ward county had not officially certified the existence of a yacancy in that county’s legislative delegation, and that until this was done the governor could take no formal cognizance of stich vacancy. Chances are ag good that an inde- jendent house member would be rt- turned from Ward county as they are that Towner county will reverse its last November form and send to the senate a man whose ‘services it neg, lected a year ago. A house member more or less is of not such, supreme importance, however, as is a seat in tLe senate. In the house the league needs merely a simple majority to in- stitute impeachment proceedings, which are regarded as one of the principle objects of the approaching special ses- Sion. In the senate if the league is to go through with these proceedings, however, a clear two-thirds majority, or 32 votes, is required, . the capitol of a “reorganization” within | LEADING COAL STRIKE FIGURES ——$—<$—<—<— — JOHN L. LEWIS President of the United Mine Workers of America, leader of the strikers. | President of the Coal Opera- tors’ Association, leader of the mine owners. WILZIALMB. WILSCIN * Secretary of labor, who has not lost hove of bringing miners and operators: to a compromise. President of the Illinois min- ers, generally regarded as leader of western miners. ELLA WHEELER WILCOX CALLED Author of “Poems of Passion” Passes Away Wheeler Wilcox, .author and. poetess, died at her home, “The Bungalow,” in Bradford today. Mrs. Wilcox had been il) for some months, having had a ner- vous collapse while engaged in war re- hef work in England. MANY ARRESTS FOR ‘FOOD AND FUEL LAW VIOLATIONS ARE DUE Washington, Oct. “30.— Marfy. new arrests in a num- berof states for violation of the food and fuel control law ‘are expected soon by the de- rtment of justice | | Rescuers Battle Way to Within |FEAR SECOND EXPLOSION | Fire Breaks Out Behind Workers | jnvisoned since yesterday morning, res- | Nw Haven, Conn., Oct. 30.—Mrs. Bila *DIRECT ATTACK ON PRESIDENT MADE BY. MINERS Indianapolis, Oct. 80—A direct attack upon President Wilson’s course in the coal strike situation as “the cli- max of a long series of at- tempted usurpations of legis- lative power,” was made today by John L. Lewis, act- ing president and the execu- tive board of the United Mine Workers of America.» The attack came in a long tele- gram to Secretary of Labor Wilson replying to a message from him delivered to the conference yesterday of some four score officials and lead- ers of the union. 5 J LITTLE HOPE OF RESCUE FOR MEN TRAPPED IN MINE 150 Feet of 20 Prisoners, Then Give Up —Hope Abandoned That Miners Are Alive Steubensyille, 0. Oc battling their way to w of where twenty miners have been im- t, 30.—After hin 150 feet cue workers were ordered out of the ning by mine officials and state lmine inspectors, who feared an explo- jsion might occure, according to word 1eceived here. Hope has been aban; dened that the miners are alive. RECUERS WORK ALL NIGHT Rescue parties worked all night in a gas-filled mine and were 150 feet dis- tant from entry No, 15 west, in which the twenty min were supposed to be held prisoners, Fire broke out behind the rescue party and its members were forced to fight their way through flames and smoke, narrowly escaping suffocation. Subsequent attempts to rescue the entombed men failing, the officials at daybreak ordered the men to leave the mine. Coal was afire throughout the entire workih nd the mine was filled with gas. Officials said they believed the entombed men were dead. The list of missing was officially) | Placed at twenty today. ALIEN ENEMIES 10 BE SENT 10. - OWN COUNTRIES Uncle Sam Declines to Longer Harbor Anarchists and Agitators Washington, Oct. 80.—At the request of Attorney General Palmer the senate immigration committee today ordered a favorable report on the house bill providing for deportation and perman- ent exclusion from the United States of alien anarchists. The house measure provides for de- portation of aliens interned during the war in addition to anarchists and those violating the esponiage act, draft, d other laws. Aliens mak: eats against the President also would be subject to the bill’s provis- ions, Which would make final any de- portation decision of the secrefixy of labor. Attorney General Palmer advised the committee that immediate enactment af the bill was necessary beause ofthe present condition. The bill affects four women and about 500 men now interned as danger- cus aliens at Camp Ogelthorpe, Ga, and Fort Douglas, Utah, according to Attorney General Palmer, CANADA CUTS OFF AMERICAN SUGAR; PLANTS RATIONED Sweetening Crisis Becomes More Grave With Action of Do- minion Today Ottawa, Ont., Oct. 30.—All contracts for the shipment of sugar to the United States, were cancelled today by the Canadian trade commission, and no more licenses for exportation will be issued. The export of sugar at border points which has been permitted to some extent has also been stopped. TO RATION MANUFACTURERS Washington, D. C., Och 30.—Ration- ing of sugat to mantfacturers: of candy. soft drinks«atdetheplike soon ig to be suggested by. the: r ization board, ing committee bert Hoover; fo’ jministrator. Mr; Hoover sai \. & O. mine No. 2 at Amsterdam this|# Powers. set today to deal with the strike which is called for Saturday. After a policy of patience w: Means for the protection of are not in sympathy with the stri MILL CITY \MAN BEGRUDGES YANK HIS BONUS FEE Taxpayey Brings Action to Test Constitutionality of Bounty Act St. Paul, Minn, Oct. 30—A suit to test the Minnesota solc bonus law was begun today in the Hennepin county district court by A, G. Gustaf- son, as a Minnesota freeholder and ta payer, against Walter F, Rhinow, ad- jutant general; Henry Rines, state treasurer, and J. A. O. Preus, state aditor, and the soldiers’ honus board, which tliey compose. The court is asked for an order r straining the bonus board from a ing under the bonus law and from suing any certificates of indebtedness under the ),000,000 authorization on the ground that the law is void angl unconstitutional, DAKOTA BANK’S VICTORY WILL BE TWO-EDGED Opponents of League Financier- ing Schemes Say Institu- tion Is Off Wrong STATE CANNOT BACK IT Attention Called to Impossibility of Exceeding $2,000,000 Debt Limit While friends of the Bank of North Lakota hail as a _ victory Judge Nues 's ruling in district court yes- terday that this is a private banking institution and that a section of the state laws requiring the state auditor to examine all repositories for public funds does not apply, opponents of the leagut system of state banking declare that the decision is really a boomerang which will react against the first state- owned institution established in the league program of “industrial democ- racy.” It is contended that under the bank- ing laws of North Dakota, which Judge Nuessle holds to cover the state bank, all deposits accepted by a bank con- stitute a liability. In the case of the Bank of North Dakota its deposits are directly guaranteed by the state, and it is held that such deposits there- fore constitute a liability against the state. The constitution as amended by the league initiative petitions last Novem- ber provides that the state shall not issue bonds or incur other unsecured lia N of $2,000,000. That debt limit w: wched when the in- dustrial commi: n issued $2,000,000 worth of state bonds to form the capi- tal of the new Bank of North Dakota and sold these to the bank, HAS $15,000,000 NI DEPOSITS The Bank of North Dakota since opening has accepted deposits, con- ing principally of public funds, for which it is made the sole and only rey y under the bank act, aggregat- $15,000,000. It is now contended under. Judge Nuessle’s ruling that these $15,000,000 in deposits constitute an unsecured liability against the state, which is directly in violation of the constitution, and that the oper- ation of the Bank of North Dakota, as it now exists, id illegal and uncon- stitutional. The attorney general's office, which acted, for State Auditor Kositzky in hs application to district court for a writ of mandamus which would per- \janit him to continue his examination of the Bank of North Dakota’s books, probably will appeal from Judge It is probable that in supreme court issues may be argued which will clearly define the exact status of the bank. The point is made that if this bank is not a department of the state gov- , {ernment but is merely a private bank- ing house, the state has no right under fact that raw § the point wherelaay yond the constitution to assume the bank’s t ad. | abilities’ or fo permit the-bank to in-|vils Lake, 9 veteran Muessle’s decision denying this writ. |- GOVERNMENT MACHINERY PRIMED TO COPE WITH THREATENED STRIKE OF 500,000 MINERS SET FOR FRIDAY Policy of Patience Discarded by Administration—Protection for Public and Mine-Workers Not in Sympathy With Walk-Out to Be Provided—Assurance Given Against Profiteering May Re- sult in Early Decrease in Price of Fuel—Rail Board Given Washington, Oct. 30.—Government machinery is primed and of half a million soft coal miners ith the hope that the catastrophe would be averted agencies of the government came to the fore when the miners’ organization at Indianapolis by failing to with- draw the strike order placed the country face to face with the prospect of a dirth of fuel at the approach of winter and the idle- ness of a vast horde of workmen. the public and those miners who ke are provided under the govern- ment’s program. Plans are drawn for the revival of the price control regulations suspended when the fuel administration was dissolved on February 1, which gives assurance against profiteer- ing and may mean the early drop in the price of coal. AGENCIES MOVE QUICKLY Federal government agencies moved quickly today to meet the situation which will result from the strike of bituminous coal miners Saturday. Developments included: Orders ‘to railroads to confis- cate all coal in transit if neces- sary to build‘up a reserve for operations of the roads. Re-establishment of the prior- lity list of the fuel administra- tion so that the railroads, public service utilities and essential in- dustries will have first call on whatever coal is mined and on |that in storage. Preparation of an executive order establishing maximum prices for coal and completion of plans by the department of jus- .|tice to punish those guilty of profiteering and hoarding. + To Curtail Consumption Announcement by Secretary Lane that the government would not hesitate to curtail consump- tion of coal in industries fifty percent so that essential indus- ‘tries might be kept in operation. General discussion of the situ- ation by President Wilson’s cabi- net which met in special session at the call of Secretary Lansing. Working out of plans by which miners who wish to continue work will be afforded every pos- sible protection including that of federal troops should that be- come necessary. Fuel Chief to Act At the conclusion of the spe-' cial cabinet meeting Attorney General Palmer announced that the fuel administrator would take control of the handling of coal and would use his authority under the Lever act to take whatever steps might be neces- sary to meet the situation. Current Supply of Coal The current supply of coal from non-union mines is suffi- |cient to meet domestic demands and ‘supply the needs of railroads and. public utilities, Secretary of Interior Lane said. New England has stored away a two months’ supply which will take care of all requirements for that period. The northwest has a fair win- ter’s supply stored at Duluth, Minn., and other nearby storage points, Mr. Lane said. Enforcement of the food and fuel control law with its criminal penalties of fine and imprison- ment are to be enforced under the government’s plan on those miners who go on strike and thereby curtail production. In ‘announcing the plans Attorney General Palmer said they did not affect the right of workers to strike for a redress of grievances in other cases where no violation of the law is involved. Other moves on the part of the government.are being con- sidered. NOT TO RECEIVE FUEL Washington, D.,C., Oct. 30—Revival of the fuel administration to deal with ‘eonditjons growing out of the coal strike is not necessary, Dr. Garfield advised the President’s cabinet today, holding that the wartime powers of that body are now vested in the rail- road administration, which will have full authority to distribute coal to es- sential industries, Mewbers of the cabinet said that if (Continned on Page Two.) VALLEY CITY WOMAN SUCCEEDS VETERAN ON TEACHERS’ BOARD Miss Fannie C. Amidon, dean of music at the Valley City normal school and a sister of Judge C. F. Am- idon of the United States district court, has ‘been named by Governor Frazier tobe a member of the board of © trustees of the teachers’ retirement fund, succeeding John A. Haig of De- member of the: