The Bismarck Tribune Newspaper, November 3, 1919, Page 1

THE WEATHER Partly cloudy. THE BISMAR RIBUNE LAST EDITION THIRTY-NINTH YEAR, BISMARCK, NORTH DAKOTA MOND. NOVEMBER 3, 1919 PRICE FIVE CENTS “GOVERNMENT BY INJUNCTION” HAS COME WHEN COURT DENIES CITIZEN DUE JUDICIAL PROCESS-BIRDZELL Nonpartisan Member of Supreme ‘Bench Declares No Trial Was’ Given Defendants in Scandinavian-American Bank Matter— Asserts Judgment Should Be Held Void and Case Reheard or Remanded to District Court for Adjudication on Its Merits That the case of the state ex rel O. E. Lofthus, the Scandinav- ian-American bank and its president and cashier and directors versus the state banking board was not tried before the supreme|’ court of North Dakota on its merits, is the contention of Justice Luther E. Birdzell, in a strong dissenting opinion which was filed today. “TI dissent,” says Justice Birdzell, the only Nonpartisan mem- ber of the court not to agree with the majority opinion signed by Justices Bronson, Grace and Robinson and written by the first named of the trio. “At the time the original, application in this matter was presented to the court, I was of the opinion that the court did not possess, under the c onstitution, the requisite original jurisdiction to deal adequately with the matters presented in the complaint. The matter of jurisdiction required decision then if the court was to issue the order prayed for, fox the plaintiff re- quested that a restraining order issue at once, which would have the effect of removing Halldorson, the receiver appointed by the ‘banking board, and of placing the bank in the control of the pub- lic examiner. It was also asked that the banking board be imme- diately restrained from invalidating post-dated checks as’ collat- eral security. The restraining or and upon an exparte application. der was asked for without notice It appeared clear to me that jit should not issue unless this court was possessed of the requisite _ jurisdiction, not only to disturb the existing status to the extent requested, but to determine fully the merits of the controversy foreshadowed'by the complaint. NO ORIGINAL JURISDICTION “I was of the opinion that this court did not possess under the constitution the requisite original jurisdiction, and further reflection confirmed that opin- ion. The majority of the court, how- ever, assumed jurisdiction and isued the order. That action brought the matter here for future proceedings as might be deemed appropriate. It was a justifiable assumption at the time that upon,the return of the order to show cause, the temporary order weuld be dissolved, if sufficient show- ing were made by the respondents to justify them continuing the course they were pursuing; or, if not, that it would be continued pending a trial of the issues on the merits. But so far as the assumption related to a trial on the merits, it proved to be altogether too liberal, as it will appear presently. “prior to the return day, the attor- ney general had asked for an interpre- tation of the injunctional order with reference to its effect upon certain pro- ceedings which. had. heen. begun by jim, under section 7990 or 8004, C. 1. 1013, in the district court of Cass. coun- ty. “These proceedings were predicated partly upon the alleged insolvency of the Scandinavian-American bank, and were brought for the purpose of hay- ing a judicial determination of that. fact and for the further purpose of having its affairs administered in ac- cordance with the statutary Jaw spe- clally made applicable to the situation In the application it was stated that the district judge before whom the case was pending had construed the ordered previously issued by this court as preventing further proceedings in that action; and the majority of this court, which is the same majority that has joined in the principal opinion herein, declined to place an interpre- tation upon its previous order that would permit the ‘attorney general to exercise his statutary authority to pro- secute the action referred to in dis- trict court . ‘ “Z.ater another application was made by the attorney general for modifica- tion of the order that would permit him to retain certain documents which he represented to be material as evidence in criminal ‘proceedings against officers of the bank. This re- auest was also denied by the majority, the minority considering that reason- able provision should be made to se- cure for the state the benefits, if any, of such original evidence. On the re- tarn day the defendants requested an opportunity to examine witnesses in case court should be desirous of pass- ing upon the solvency or insolvency of the bank and the merits of the contro- yersy. The case already stood at issue both upon a motion to quash for lac! of jurisdiction’ and upon an answer yutting in issue all the principal facts alleged in the complaint. But at. the close of the argument, instead of grant- ing this request, the court entered .an order permitting the respondent to he affidavits upon any matters con- cerning which they desired to submit proof up until October 23, PETITION IGNORED “Jt was understood by the’ court BAD WEATHER IS NO: HANDICAP: IN ROLL CALL DRIVE Red Cross Reports “Not a Single Refusal” in Campaign For Members TEAM MEMBERS NAMED Not a single refusal, That ig\the outstanding feature of the Red CrosS membership campaign which officially opened yesterday and the booths in the local hotels, teams covering the city and the chairmen ot the districts in The county all report, “Not a single refusal.” Every person in the city and county who Was approached gladly contributed his or her $1 for the annual dues and Raymond Bergeson, director of — the campaign, Said this morning it is only a question. of seeing the people in or- cer to get the membe “The weather may be very disagree- able, but that is not going to stop us from excecding our quota of 5,000 for the. county,” said Mr. Bergeson today. “The members of the American Legion have taken hold of their work in the city in fine style and with Bismarck mapped out into districts and each dis- trict covered intensively by the former service men. there can only be one re- sult; oversubscribed.” The various teams in the county, some of which’ started their acti ties last week, report considerable in- terest in the drive in the county and that there has been no difficulty in se- curing members, The county’s quota is set at 2,000 members and the various district chairman are confident that this amount will be exceeded. BOOTHS SUCCESSFUL The drive in the city started Sat- urday with booths in the various hotels and these booths. will be kept open all week. Those in charge report that the response in the hotels for members is very gratifying. Mr. Bergeson said this morning that it had been impossible to tabulate the results of the drive so far as many team captains and district chairmen found it impossible to send in detailed reports because of the weather. How- er, he expects to be able to announce jin definite figures just how the drive is going in the gity and county by the middle of the week, In this drive, the officers of the Bur- Jugh county chapter of the Red Cross wish to impress upon every person in the county that if they are not visited by ‘some worker for their memberghip that they should apply at the booths of thé various hotels, or Mrs. T, H. Poole, secretary of the chapter, in the Federal building. “The members of the American that this order should not be constru- éd as either a denial or a granting of the request of the respondents made at the time of argument; but that such request should be dealt with in the future in the light of such facts as might be developed by the affidavits filed, and as the need for further proof might appear to the court. As is stated hy the majority, no additional affidav- tg were filed’/by the respondents, But ‘on October 21 the attorney general pe- t:tioned for modification’ of the order entered on the day of argument which would permit him to examine ‘ wit- neres that he might subpoena to ap- pear before a district court. The pe- tition practically amounted to a re- newal of the request made upon argu- ment, and it was based upon the re- presentation that there were Some five or six persons whose testimony under oath was material and who had re- fused to give affidavits. “While this petition was pending, it, the court, acting by the majority mem- bers, considered the proofs closed and proceeding ‘to determine the merits of controversy. in the manner indicated in the majority opinion. These facts are not stated in the majority opin- fon and I state them as preliminary to, Treasurer Obert A. Olson and other|the drop in temperature according to (Continued on Page Five) Legion are glad to help the Red Cross for that organization helped the former service men in many ways,” said Capt, A. A. Jones, commander of the Bis- marck post of the legion. “We know what the Red Cross has done for the soldiers at home and overseas and we know that it has a big task before it in this country and in our own county. That is why we are glad to do our ‘share in making this drive a success.” GREEN RIVER ON RAMPAGE; DAMAGE EXCEEDS MILLION Greenburg, Ky., Noy. 8.—Green river swollen to flood stage by heavy rains came to a stand today after innundat- ing a large area and driving scores of families from low, lying sections to higher ground. Damage has been con- fined to bottom farmlands and the loss in crops is estimated at, more, than $1,000,000. “ AMIDON RANCHER HERE G. W. Conn, Amidon rancher, was jin the city last week, calling on State old friends. “| power to dismiss objectionable judges H* LL DECLARES RECALL ACT IS BADLY JOKERED Law as It Is to Be Submitted to People for Approval Is Farce, He Says TO GIVE VOTER CHANCE Believes Electors Should Have Privilege of Dismissing Public Servants “Some of my Nonpartisan friends have been lamenting over the fact that at the present time the people of this state do not have the right to re- call their public servants,” remarked Secretary of State Hall today. “The league organs have been proclaiming that when the constitutional amend- ment proposed by the last legislature assembly (Senate Bill No 168, Chap- ter 93, Session Laws of 1919), has been approved by the people, this will be remedied. On this I wish to take issue. “The proposed amendment provided for the recall of any elective official, by petition signed by 30 percent of the qualified electors who voted for gov- ernor at the preceding election, and the holding of a special election not less than forty or more than forty- fie days from the filimg of the peti- ion. “The officer against. whom | such petition has been filed shall continue to perform the duties of his office un- til the result of such special election shall have been officially declared. Other candidates for such office may be nominated in the manner as is pro- vided by law in primary .elections. The candidates who shall receive the highest number of votes shall be deemed elected for the remainder of the term. The name of the candidate against whom the: recall petition is filed shall go on the ticket unless he resigns within ten days after the fil- ing of the petition.” “Now in the first place the primary election law does not apply to special lelections. (Section 852, Compiled Laws 1918, State ex rel Burtness v. Hall, volume 37, North Dakota re- ports, page 259), and secondly, it would of course, be impossible to call and hold both a primary election and the special election within the period limited,. forty-five days. “The primary election law relates only to party nominations. | Section 851, declares, “It is the intention of this article to reform the methods by which ‘political ‘parties © shall’ “make nominations.” “It is the intention of the proposed amendment to have party nomina- tions. If so, is the recalled official denied the privilege of having his name appear in his party column, if not is his party denied the right of selecting some other candidate? “Ag the recalled official automati- cally goes on the ballot, and no work- | able method by which another can-| didate can have his name placed} thereon, this law is merely a farce! and is being used to fool a certain class of people with. The men who; drew the bill know that it cannot; operate. “The legislative having been called to meet in special session, I therefore suggest, that it strike out this joker, !and propose a workable law,-so that the people may actually have the and officers from public service.” HALOWE’EN PRANK MAY CAUSE DEATH OF WINONA BOYS One Young Man in Very Serious Condition From Gun- shot- Wounds Winona, Minn., 8.—Fred Moore ic in a serious condition and William Pease, Walter Blodgin and Debs Lake, all Chatfield high school boys, are suffering from gun-shot wounds re- ceived at the hands of Charles Cot- ton, 75-years-old Civil war veteran, on lost Friday night, according to word received here today. It is said that Cotton anticipated the; boys were going to tip over one of his; out-buildings as a Hallowe'en prank and that he laid in waiting for them. When the boys approached Cotton's) property he opened fire on them with a shot-gun it is said. Feeling in Chat- field is said to be- running high as a 1esult of the shooting. BOLSHEVIKI GUNS Reports Tell of Silencing, of Batteries By Bombardment Copenhagen, Noy. 3.—Reports that! the Bolhseviki' batteries in and around! Kronstad and Krasnia Gorka on. the} Gulf of Finland have been silenced by; 2. bombardment py allied warships lasting several'days are contained in dispatches to the National Tidende to- day from Reva}. Heavy explosions are said to have occurred in both places named presumably being due to am- munition dumps blowing up. BLIZZARD. CONDITIONS AT HEAD OF THE LAKES -Duluth, Minn., Nov. 3.—Blizard_con- ditions excepting the cold are raging over the head of the lake and iron ranges| today. A cold wave is. headed for the district and temperature is expected to.drop to about ten degrees above zero by tomorrow morning. Heavy snow and winds will accompany SAID TO BE STILL) {manner prohibits LEAVIN! BRYAM BECOMES C. M. & ST. P. R. R. PRESIDENT TODAY | ion of H. Byram, fed of the Chi-! , Milwaukee and St. Paul railroad, | ty the presidency of the road neuneed today. He will be succeeded by . Geer, a ant to Hale Holden, director. of, the resion | et the federal railroad administration. FAILS IN EFFORT € Supreme Court Holds That Call-| ing in of Judge Hanley Was Regular I, Hanley t to hear The calling in of Judg of the sixth judicial ¢ State Auditor Kositzk petition for! an order giving him entry to the books | ef the workmen's compensation bureau in the absence of Judge Nuessle, the; regularly presiding jur'! in this half of the fourth district, was upheld by} the supreme court today, when: it de- clined to issue a writ re against the hearing. of Kositz hy Judge Hanley, prayed for b McDonald of the workmen's compen- sation bureau. The opinion of the court, written by Chief Justice A.-M. Chr that a writ) of prohibition will granted’ to arrest the proceedings! of a: tribunal, corporation or - board only when such proceedings are without arin excess of the jurt diction, of such tribunal, etc. ease it was held that Judge Hanley, ommon with other district judge sed. jurisdiction in another di: that he was a judge of the sixth jndicial district called in to act as judge in the fourth judicial district upon and pursuant to the written re-! quest of one of the judges of said) fourth judicial district, and that there is nothing in the law which in any judges from. acting in a different district from that in whch they are chosen. On the con- trary, rules the supreme court, the uct expressly recognizes the right of the supreme court to call in a’ judge from another district. It. is contended by officers of, the workmen’s compensation bureau that their defeat in supreme court in this instance means nothing, inasmuch. as the supreme court in a separate action a few days ago held the workmen's; compensation fund a special fund, and) no part of the public moneys of North Dakota. This decision, it is held, will \prevent State Auditor Kositzky from examining the books of the bureau under the statute which makes it his duty to examine and audit the accounts of all state officihls, boards and com- missions which have to do with the the local weather office. G THE MINE WITH SHOVEL AND PICK, WHICH * WiLL BE IDLE DURING THE STRIKE. TO BLOCK QUIZ: "of the A, S ti on defens In this. se AGGIES TRIM “U” IN STIFF FIGHT FOR STATE BELT North Dakota Classic Ends in} 7 to 6 Victory For the Farmer Eleven FARGO BESTS JAMESTOWN Grand For tural colleg Noy. 3—The Agricul- defeated the University of North Dakota football team 7 to 6 in the hardest fought struggle since the game of 1914 when won by the same score game. The A. C, touchdown was made in the first quarter by Duerner from a forward pass by Movold. Duerner ran forty ‘ds for the down, Ks kicked the goal from the 15-yard live, The touchdown ror the univers was made in fourth quarter by end/ run of thirty yards by the Aggies today’s as an Kelly. Ibe ball was punted out from the The steller work for the Agaies| was done by Duerner, Moyold and Van Es on offensive and Hayes and Rosat- ESTOWN ying in a FARGO B Fargo, ND.) ficld of mud and water Fargo College defeated Jamestown college by the re of 19 to 0. Not at any time was ger to the Fargo ter the st quarter was ever it quite evident: which was the better team, Within two min- utes after the first scrimmage every player on both teams was covered with mud. Substitutes coming into the game with clean sults were used as towels by their teammates, GOPHERS UPSET DOPE Madison, Wis. Noy. 8.—Minnesota upset the dope completely here and Landed Wisconsin its first defeat of’ the year, 19 to 7. in a game featured| by the terrific line-plunging of the Gopher backs who tore great holes in the Wisconsin line and romped around the “enem: touted ends, Meiers and Weston, for big gains. Wisconsin was on the deefnsiye al- most every. minute of the first half and did not open up with its best trick, the worward pass, until the third quarter, Then the Badgers worked a half dozen passes for ‘long gains, only to be checked when other throws were intercepted by the Gophers. SNOW AT GRAND FORKS rand Forks, N. D., Nov. 8—A heavy snow has been falling over the collection or disbursement of public ‘funds, al northern half of North Dakota since Sunday morning, Van | £0" jversy but in the meantime the law DEVELOPMENTS LOOKED FOR TODAY WHICH WILL CLARIFY SITUATION IN THE CENTRAL BITUMINOUS FIELDS Operators Announce That Strikebreakers Will Not Be Employed © and That No Discrimination Will Be Practiced at Expense of _ Men Who Have Gone Out—150,000 Non-Union Miners Remain On Job in Pennsylvania and West Virginia Chicago, Nov. 3.—Developments today in the strike of more than 425,000 soft coa] miners throughout the country were ex- pected to clarify the situation to the extent of determining whether production was to be stopped indefinitely in a large part of thé bituminous zone, or whether any considerable number of workers were willing to return to work. No plan has been made for opening any of the mines with im- ported labor, and old men who return to work are to be treated as though they never had laid down their tools, according to Thomas T. Brewster, chairman of the coal operators’ scale committee. No miner will be discriminated against, he said. Reports from most of the large mining centers indicated that while a large number of mines were to be in shape for the miners to resume work, the operators di re-enter the mines today. GOMPERS SAID TO HAVE WAY TO BND! BIG COAL STRIKE Labor Officials Decline to Dis- cuss Rumors Regarding President’s Plan WILSON OFFER YET OPEN Chief Executive Still Hopes for Arbitration—Rail Service Is Curtailed Vashington, D. C., Noy. 3. declined today to discuss re-} ports that Samuel Gompers, president | of the American Federation of Labor bad suggested a way of settling the coal strike, Mr. Gompers is in New York and in, absence officers of the federation} 1 there was no one here to speak) for him. Reports. were awaited by the gov- ernment from its agents in the coal ‘Labor | fields “who have’ heen directed to tele*[ graph immediately all fa bearing on the attitude of the str ‘ and especially whether the; a disposition to return to Vv z At the White House today it w 8 | said that President Wilson’s offer for ; arbitration was still open, Meantime) preparations for the setting up of 2, commission on industrial unrest as recommended by the public group in| the industrial conference — are go-| ing forward and the — selection of the personnel is expected to be com- jweted by the cabinet tomorrow. GER SERVICE St the first effe s been the y trains on ERS | s of the coal | curtailment — of | some roads, Di-| has given regional etion in this ter as they in a position to su tne coal needs of their respective dis-| » will not be disturb-| coal shortage becomes | seri Is believe that with the} stock of coal in transit together thousands of tons it would not be nec General Palmer today in- ul miners who protested | egainst the injunction that. the nment stood ready to do every thing in its power” to facilitate an in- into the merits of the contro- must be enforced and combinations to | top production can not be tolerated. | M Mr. Palmer’s statement made in re-| ply to a telegram from the local union at Glencoe, 0. to President Wilson} was taken to indicate that no attempt would be made by the government to ‘ettle the wage controversy until the | strike was called off. FINAL VOTE ON RATIFICATION IS DUE THIS WEEK Senate Hopes to Finally Dispose, of Issue in One Way or Another Washington, D. C.. A final vote this week on ratification of the peace treaty is proposed in an unan- imous consent agreement drawn up for presentation to the senate today by the administration leaders. Apparently contemplating the possi- Inlities of a deadlock over reserva- tions, the agreement provide that after this week the treaty if not ratified can be laid aside. ‘ JUMP OF MORE THAN SIX CENTS IN CORN TODAY| Chicago, Nov. 3—Jumps of more tvan six cents a bushel in the value of corn took place today and purchas- ing took on big proportions, Breaking up of the longshoremen’s strike at New York together with increasing anxiety us to whether supplies at terminal markets would be of sufficient volumn to fill contracts for December delivery id not expect many union men to NO BACK TO MINES RUSH Chicago, Ill, Nov. 38.—No movement of men back to the mines developed in the early Monday report from the coun- try’s bituminous mine fields. A small number of lignite miners in the Burlington, N. D., area re- turned to work after being on strike one day. This was the only place where reports were received of men reporting for work Monday. No attempt by operators to work the coal mines in the unionized territory were re- ported. It was said the opera- tors would make no effort to operate until the miners show a disposition to return to work. There were no reports of law- lessness from any of the mining fields and the first arrest re- ported in connection with the strike came from Walsenburg, Colo., where a United States immigration inspector took into custody M. C. Rouse, a Bulgar- ian miner, charged with having threatened to burn several mines in the district if the miners went to work. 150,000 YET AT WORK While operators admitted that _the figures given out by union leaders as to the total number of men on strike were approxi- mately correct, they pointed out that close to 150,000 non-union men were at work in the Penn- sylvania and West Virginia fields and that nearly 20,000 union miners were working under contract in Kentucky, signed recently. ~ Federal troops today were in the mining region of West Vir- ginia, Tennessee, Wyoming and -| New Mexico under orders to pre- serve the peace in case disorders arise in connection with the strike. One company of the 32nd infantry also was on its way from San Diego, Calif., to '!Utah for duty, in the coal fields of that state. The national guard of. Colo- rado and Oklahoma have already been sent to the,coal districts of those states and several com- panies of state troops have been mobilized at Birmingham, Ala., in case their services are needed. Federal troops have been ordered to be held in readiness in every department of the army for service whenever state au- thorities ask for assistance in keeping down disorders. IOWA IN THE DARK Des Moines, Noy. 3.—Busin some of the smaller Iowa cities s in were ifecling the affects of the coal strike according to reports received Newton was in darkness last Indianola has curtailed s and amusements to toda, here. ight and ‘gidily busin ve fuel. Reports early today indicated Indian- cla was suffering more than most of {ke communit! schools, theaters and ledges there being closed. Business houses except drug stores and bakeries are open from eight in the morning until five in the afternoon only. Electric power is turned on only from 5:30 in the evening until 10:30 at night. Hlectrie current was turned off at Newton last night to save coal for the use of the city waterworks, SATURDAY’S CONFERENCE After hearing the miners’ side of the present strike ‘situation in this state, Saturday afternoon Governor Lynn J. Frazier issued a call to all operators of lignite mines in North Dakota to attend a conference at the capitol Tuesday morning. The purpose of this proposed meet- ing is not to discuss the taking over of all mines by the state but to deter- mine if possible a common ground where the operators and miners can meet in settlement of their difficulties and thus alleviate the possibility of dosing the lignite mines in North Da- kota. Henry Drennan, president of the twenty-seventh district of the United were the chief reasons for the steep advance, 3 Mine Workers of America which in- (Continued on Page Bight)” 7 :