The Bismarck Tribune Newspaper, November 13, 1919, Page 1

THE WEATHER os LAST EDITION HE BISMARCK TRIBUNE Generally Fair. THIRTY-NINTH YEAR, BISMARCK, NORTH DAKOTATHURSDAY, ‘NOVEMBER 13, 1919 PRICE FIVE CENTS | WASHBURN LIGNITE CO. GIVES UP PROPERTY UNDER PROTEST; CLAINS FRAZIER’S ACTION 10 BE UNLAWFUL Largest Coal Mining Corporation in State Serves Notice Upon Governor That It Will Seek Redress Through the Courts For “Unwarranted and Arbi- trary” Seizure of Property ‘¢ NO U.S. ACTION | “As at present advised, I see no occasion for action by the department of justice,” says A, Mitchell Palmer, at- torney general of the United States, in wiring acknowl- edgement of Governor Fraz- ier’s message of Wednesday evening, advising that he had taken over the mines under martial law. President Huntington of the Soo line, to whom the re- moval of the miners’ train from Wilton was referred, wired the governor that in- structions had been given to furnish Wilton the same [Service as heretofore. 4 Wilton, N. D., Noy, 13.—Protesting the governor's action in proclaiming martial law to be unwarranted, ar- bitary, unconstitutional, illegal, with out precedent, the Washburn Lignite Coal Co., at 11 o'clock this forenoon surrendered its mining properties at Wilton to Capt. L. R. Baird of Dick- inson, the governor’s personal military representative, The formal surrender was preceded by a brief parley during which At- torney Andrew Miller, for the .com- pany, questioned Capt. Baird as fol- Jows: “Captain Baird, do you present this proclamation of the governor for the purpose of taking over this property for the state?” “I do.’ 4 “Do you intend to use such force as is at-your command as may be ne- cessary to take over our property at this time?” “Yes, sir.” “You are preparea to do that?” “Yes, sir.” ; 7 “Then, captain, we yield possession of our mining property to you under your threat to use the necessary mili- tary force to take it: from our pos session, but in so yielding we make the following protest.” THE PROTEST The protest, formally drawn up. addressed the Governor Frazier, Ad- jutant General Fraser and Capt. Baird, as immediate representative of the governor, follows: “You have by military force of arms forcibly taken possession of the Wash- burn Lignite Coal Co.'s mines and its other property at Wilton, N, D... This you have done under pretext of your proclamation declaring a state of mar- tia Hay in and- about the premises of the company at Wilton, N. D. “Under what law or authority you have presumed to take over the private property of the Washburn Lignite Coal Co., ‘and operate the same we are not advised, We believe that the power and authority of the governor of this state to declare martial law is ex- pressly limited by the constitution and laws of this state to occasions and places where rior, tumult, breaches of the peace or threatened breaches of the peace cxist, and then only for the purpose of suppressing or prevent- ing such disorder or threatened dis- NO RIOTING EXISTED “There has not at any time existed in or about our property at Wiltoa, N. D., nor does there now exist, either riot, tumult,'any breach of the peace or any threatened breach of the peace. On the contrary, the situation at Wil- .ton, N. D., and about our mines in the county is entirely quiet and peaceful. Your proclamation declaring martial Jaw does not set forth that there is either riot, tumult, breach of the peace or any threatened disorder from any persons what soever; neither do you pretend ‘to be advised by any persons in this community or by any of the givil authorities of this county or-of the city of Wilton that any disorder or threats of “disoréer exist, or that you have been called upon by any civil officer or by any person or persons to suppress any disorder or prevent. any disorder in the county, city, of “Wilton or in and about the mines, WITHOUT AUTHORITY OF LAW “Under such conditions we believe that your proclamation declaring a state of martial law to exist ia and about the properties of the Washburn Lignite Coal Co., at Wilton, N. D., is wholly without authority of law, either under our constitution or ithe statutes of this state, and without precedent in any state in the union. We believe your proclamation to be unlawful and .a direct violation of! your oath of office as governor of the state of North Dakota to enforce the laws of our state and the constitutioa. 4 ‘ ARBITRARY AND. WITHOUT WARRANT { “You have, however, gone further than to declare a state of martial law, to exist at a place and under condi- tions under which none of the circum- stances authorizing martial law exist. You have arbitrarily and without warrant of law forcibly used the mili- tarv forces of the state to take over our private property and operate the same against our consent and. without judi. - (Continued on Page Four.) a RAISIN WHISKEY MADE IN CHURCH Ca y, Alta, Nov, 13—Mys- tery surrounding the much sought distillery which has been — turn- ing out raisin whiskey, in Calgary has apparently been solved and Joseph Falins, janitor of a local church, has been arrested on a charge of moonshining, For several weel the local authorities had been investigating a report that a still was in opera- tion, in the district where this particular church was located. Several detectives who made still- hunts reported they were baffled. Then suspicion is directed to- ward Faline, He was closely watched. Finally, officers enter- ed his quarters in the church ‘and acording to their report filed at | headquarters, found a still, some home made brandy and pounds of raisins in the process distillation. The police have been trying to ascertain whether Faline had any accomplices. +. Line LEGION MEMBER INDIGNANT OVER IW. W. SHOOTHNG Former Service Men Send Tel- egrams Urging Immediate Action Against Murderers | Members of the American Legion post of this city were considerably incensed over the murdering of four of their members in the I. W. W. shooting at Centralia, Wash., armis- tice day. Immediately upon reading | the press dispatches of the frightful) affair, Capt. A. A. Jones, commander | of the legion, sent the following tele- gram: “Commander, American Legion Post, | Centralia, Wash. { “Is there any aid we can give you; in cleaning up the murderer of our zomrades. Lloyd Spetz post ipledges | its unqualified financial and man pow- | er support to you in this time of Bol-! shevism.” - Capt. Jones ‘also sent the following} telegram to P. J. Harrington, Bis-! marck’s delegate to the national con- vention of the legion at Minneapolis | and to the chairman of the conven- vion. “See réports from Centralia, Wash., in which four of our comrades mur-} Jered by I. W. W.’s. Bring this to| the attention of the convention in the} strongest manner possible and use} every honorable means to get conven-} tion to take some decided action on; this matter not as a resolution but! something more substantial. Action is. what we want now that we have been attacked.” Oust’ Radicals The former service men in this city were loud in their denouncement of the shooting of their comrades and! many of them stated they should take} immediate action to prevent any re- currence of such a tragedy elsewhere in the country as well as in this state. Practically all of the men_ believed! that a demand should be made on the | city, county and state authorities to immediately discharge any office hold- er regardless of how exalted or how; menial such office might be who was either an I. W.:'W. or a socialist.” The legion men seemed to feel that | from now on their organization would assume a more militant attitude to- wards socialists and Industrial Work- ers of the World and that an active campaign would be started in this city and state to weed them out wherever they might be found. Although the legion is a staunch supporter of law and-order at all times, it is thought likely that if the usual number of I. W. W.’s and social- ists who usually hang out around the Northern Pacific park had been there yesterday, there would have been many broken heads and agitators head- ing away from the city. SASKATCHEWAN TOWN TO HAVE UNION KIRK; Kerrobert, Sask. Nov. 13—Ker- robert is to have a “Union Church,” the objective of $15,000 for its con- struction having been passed in the campaign to raise funds for: the pur- pose, Kerrobert is one of the pioneer towns in regard to the church union movement, and the task of uniting the people of the town in their religious activities has been in progress for eight years. The pastor of the new church is Rev. Harold Marshal, who received a unan- imous call from Macklin, - Sask. WASHINGTON TO SWAP FISH WITH WISCONSIN Spokane, Wash., Noy. 12—The state game commission of Washington and ‘Wisconsin have agreed to: swap fish for. experimental. purposes, The arrangements provides for ship- ment to Wisconsin of 100.000 salmon trout eggs within 60 days, in exchange for 10,000.000 pike eggs. It is planned to liberate the pike in the land locked lakes of western Washington. State Game Warden Darwin believes that the Wisconsin commission will put the trout into lakes and greatly increase the Sstate’s game fish re { sources, PEACE NEGOTIATIONS’ BETWEEN ESTHONIANS AND SOVIETS RUMORED Helsingfors, Noy. 18.—Pence negotia- tions between the sthonians and Bolsheviki will begin Saturday it was Amounced here today, ‘The Lithuan- ans Will not participate in the negotia- tions, LABOR PARTY 10) PICK CANDIDATE FOR: PRESIDENCY Year-Old Organization Hopes to Make Political Strength Felt in 1920 BRAND WILSON ANARCHIST Qhicago, Noy. 13.—Determined to make its strength felt in national poli- ties the year old labor party will nom- inate at a convention in Chicago on November 22 a candidate for president fo run in the coming election. That intention with the firther statement that war would be waged on the dem- ocratic and republican parties in the order named with the idea of render- ing them impotent was announced last night by John Fitzpatrick president of the Chicago Federation of Labor. The democratic party will be at- tacked first Fitzpatrick said because “Wilson's party had by its anaret tie attitude toward union labor and the working classes” forced compla- tion of a workingman’s slate.’ Under the call issued ye: 000 delegates are expected to attend the convention. Fitzpatrick added. They .would be representatives of the Nonpartisan league farmers’ organiza- tions, grange societies and state and local unions, KENTUCKY JUDGE erday 20, AGAIN HOLDS DRY ACT NOT VALID Federal District Jurist Declares Distillers Can Sell Floor Stocks / Louisville, Ky., Noy, 13—sSudge Walter Evans in federal district court today in effect for the second time held war time prohibition un- constitutional, sustained an attack on the constitutionality of — the Volstead enforcement act and granted an injunction restraining Elwood ‘Hamilton, collector of in- ternal revenue for Kentucky, and District Attorney W. V. Greggory from interferring with the sale of by two Louisville distillers of their “floor stock” of tax paid whiskey. | MARRIAGE ON HORSEBACK IS NEW MONTANA THRILL Clyde Park, Mont., Nov. 13.—Parris M. Crane of the forest service and Miss Lucile Manger were married here on horseback, all parties to the ceremony being mounted. Justice of the Peace F. M. Douglas performed the service. As a ranger, Crane spends most of his waking hours in the saddle and his bride is an expert horsewoman. When the ceremony making them man and wife concluded, they shook hands with the justice and spectators and galloped away to Crane’s cabin in the hills. They will spend their honeymoon in the Crazy mountains, where Crane spots forest fires. CAPITOL EMPLOYES MADE MILITARY COMMANDERS OF STATE COAL HINES |Sergeant. Ambrose Gallagher and Staff Take Possession of Lignite Property in Name of State—Ban to Be Placed | On Fuel Profiteering Adjutant General Fraser today. dis- patched members of the state militia to all of the unionized lignite produc- hig fields with instructions to take possession of; the organized mines there under authority of Governor Frazier’s proclamation, He directed his men to Seek: the cooperation of. the local mine management in the reopening of the mines and @ maximum production of fuel. Retail price limits for lignite probably will be fixed by tomorrow. No profiteering on the part of local dealers will be tolerated, advises Gen- eral Fraser, and he states that any retailer Who takes, advantage of the situation to bodst prices will be given no coal. A majority of General Fraser’s mine managers are capitol employes who were sworn into the statefservice to- day. Sergeant S. Gallagher, Nadland and Okert have been dispatched to the Williston district; Sergeant Dale to |Medora ; Sergeants Kiley and McPhee to Kenmare, Lieut, 8S. J. Boyd and Sergeants’ Sherwin and Allenworth to Burlington and Sergeant Pateick to Noonan. Each of these military com- manders will have control of one or more mines in the field to which he is assigned. A majority of these district com- manders are young men in their early twenties, Their instructions from Gen- 96 WOBBLIES IN ARMISTICE RIOT T0 BE INDICTED Charge of Murder or Criminal Knowledge of I. W. W. Plans Is Made ONE WOMAN IS IN PRISON Proprietor of Boarding House Where Reds Made Head- quarters Taken Centralia, Wash., Nov. 13.—Criminal indiefments against 26 alleged members of the Industrial Workers of World have been prepared for filing with the county clerk at Chehalis, county seat of Lewis county, today, by County Attorney Herman Allen, All information it was understood would allege either participation or criminal knowledge of the killing here last Tuesday of four members of the American Legion during an armistice day parade, Allen in a statement made yesterday declared he had information which he believed would result in conviction in all cases, . Of the twenty-six alleged members of the Industrial Workers of — the World in jail here and at Chehalis one is & woman. She was manager of the lodging house_from which — the fatal shots are alleged to have been fired on the marching legionaires, Tentative plans for the funeral of two of Tuesday’s victims Warren: 0. Grimm and A, R. McElfresh ‘called for services Friday morning at 10 o'elock. 4 The local ‘post of the American Le- gion met here last ‘night and made plans for a public military funeral Fri- day of the four dead men, LYNCHED MAN IDENTIFIED The man who was lynched here Tuesday night has been identified as Ernest Everetts, it was announced to- day. The identification was made by the landlady of the rooming house where Everetts live for several months, He was working here as an I. W. W. organizer the landlgdy said. Earlier reports had given the man’s name “brick” Smith, It was explain- ed that as the man was being taken from the jail. some one<in the crowd called him urging him not to reveal his name but later he told his captors his name was “Bricktop” r FARMERS. .FURTHER PLANS FOR GREAT NATIONAL LEAGUE Preliminary Organization Work Completed—Name of Fed- | eration Chosen Chicago, Noy, 13.—Further organza- tion work occupied toda ion of about 500 delegates from farmers’ bur- eaus and associations here to perfect a national body to “protect the busi- ness, economic, social and educational interests of agriculture.” The Ameri- can Farm Bureau federation is the tentative name choosen for the organ- ization, It was expected to be made the permanent de tion today. Thirty-two states are represented, Speakers at the opening session were plain inputting the federation on an independent basis free of alliance with labor, capital or any other organized body, “An honest d: work for an honest day’s pay” w the slogan adopted by the organization. Radicalism must be stamped out speakers asserted and Americanism made triumphant. One speaker warn- ed agaist dealing with the Nonpar tisan league which he charged had set ‘up a socialistic government. in North Dakota. eral Fraser are that they proceed to the points assigned and, after getting possession of the mines, communicate with military headquarters, through whch arrangements will be made for the operation of the properties, “The mine operators should be im- mediately required to place the mines in operations,” read the general‘ or- ders, “under the same ¢ondition as be- fore the strike wag called. This de- partment wishes the rull coopération ot) the present managements, and you will request them ‘to assist you in’ obtain- ing a maximum output in order, that the citizens of the state may be sup- plied with fuel.” A majority of the mine’ managers have already advised his department {hat they will resume operations un- der these conditions, reported General Fraser today, NO PROFITEERING “Dealers should be warned in ad- vance that no profiteering will be tol- erated,” said General Fraser. “Maxi- mum prices for fuel will be fixed by zones. Any retailer who asks more than the price limit fixed will be as- signed no more coal to sell,” General Fraser did not ~ intimate what the new price schedule would be but the assumption was that it would Australian Airman and Navigator Die ; London, Nov. 13, Douglas of the Austr: Lieut, RR. M. for a flight to Australia, were killed shortly after they began their journ Their airplane crashed near Surbit- ton in Surrey, YANK LEGION 70 BE NONPOLITICAL DELEGATES RULE Organization Decides to Keep Out of Partisan Politi- cal Activities NO FINANCIAL PROGRAM Question of Reimbursing Sol- diers For Time Lost Left to Congress Minneapolis, > ‘One member from each state delegation of the Am- Legion convention —remainéd here today as delegates on the national executive committee after the close of the convention last night. Practically all the other delegates e enroute home. Storm conditions in the north- west brought the announcement from the railroads that schedules prepared for the departing delegates could not be changed and forced speedy action by the convention to wind up its busi- ness, Decision to leave to congress “recog- nition of the financial handicap in- curred from military s y and a declaration that “the American Legion should be non-political” were perhaps the most important of pronouncements made by the representatives of the ex- service men and women, AID FOR VETERANS By a small majority the delegates decided that specific requests for war service compensation should not be ap- proved altho demands were made for speedy relief for disabled veterans and governmental aid for all veterans in securing farms and city homes on easy credit terms. Franklin D. ’Olier former lieutenant colonel in the quartermaster corps was elected first national commander with a salary of $6000 a year which he an- nounced he would not accept. It was decided that the next con- vention should be held at on Monday September 27, niversary of the opening of “the gonne drive of the American army. FARMER MINES CAN DO MUCH TO MAKE UP COAL SHORTAGE Hundreds of Little Properties Capable of Producing Fifty Tons Daily Ar- Farmer mn of whch there are hundreds in central and western North Dakota, are expected to reap a har- yest from the strke, if Governor Fra- jer does not include their propertes with the larger industrial mines which he is seizing in behalf of the state. The farmer mines usually are operat- ed by the owner and a neighbor or two, and they seldom dig more than twenty or thirty tons a day, but their combined volume of production is very large. In many instances the owner of such a mine permits his neighbors to do their own digging and charges’ them only 50 to 75 cents per ton. It & belgeved) thaf these mines could easily increase production to a point where they would make up for the shortage resulting from jthe closing Jof the large commercial mines by ord- er of President: Drennan: of the Unit- ed Mine Workers for the 27th dis- trict, CALGARY CITY COUNCIL SUGARS UP SWEET TEETH Calgary, Alta, Noy, 12—Sugar _be- came so short in Calga rently that the city council stepped in, obtained a carload from a refinery, and brought joy to hundreds of local households, Thirty thousand pounds was disp ed of at public sale, Each family allowed a card, authorizing the hase of five pounds, The sugar brought the city 14 cents a pound and it is claimed that the deal was trans- acted without municipal profit. The sale took place at the mun pal market and arrangement w made with the street car company to give free transfers to sugar seekers. o— | Today’s Weather | at For twenty-four hours noon, November 13, 1919. Temperature at 7 a. m. Temperature at noon . Highest yesterday . Lowest - yesterday Towest last night .. Precipitation ... . Highest wind velocity Forecast y For North Dakota: Partly cloudy tonight and Friday; warmer south portion tonight; probably colder east and central portions Friday. Lowest Temperatures Faygo . Williston ending St. Paul . - 0 Winnipeg oe 8 Helena ... o4 Chicago ... +16 Swift Current . 0 Kansas City be that “which existed prior te the strike, W, ROBERTS Meteorologist. ORR) ian flying corps and Lieut, J. §. L. Ross his nayiga- ‘veland | 1920. the an- tor, who started from Hounslow today store Train—Frazier’s Wednesday having been resumed. notice: tion of November 12, 1919.” GARFIELD ASKED IN ON OPERATOR AND MINER MEET Federal Fuel Administrator to Have Part in Important Conference Washington, Noy, 13.—Fuel admin- istrator Garfield today accepted an invitation of Secretary Wilson to at- tend the conference here tomorrow be- tween coal miners and operators to negotiate new wage scale, It was under stood the principle reason for invit- ing Dr. Garfield was to obtain his ad- vise as to how much if any wage in- crease granted should be passed on to the consumer. The Oflicials sad wllhe broader than the negotiations of a new wage scale, and the interest of the public in the future prices of coal will be taken into con- sideration. 13.—Fuel Admin- has been invited by to attend the con- ference here tomorrow between coal miners and operators to negotiate a new wage scale agreement. More than 200 operators and about } 100 representati of the mines are expected to arrive tonight and tomor- row morning for the conference w will be called to order by Secre Wilson at 11 o'clock in the interior de- partment, Washington, } ator Garfield tary Wilson WILSON’S RAILWAY {BOARD BLAMED FOR HEAVY FRUIT LOSS Boise, Idaho, Nov. 13.-The state public utilities commission have for- mally blamed the United States Rail- way Administration for the heavy loss- es sustained this fall by apple and potato growers. Large quantities of |the fruit and the vegetables were spoiled because shippers were unable to obtain cars to fill their Eastern contracts, it is claimed. Idaho had a normal apple crop, while several other states had an off- season. The result, it is said, was that fruit raisers disposed of their crops before the harvest but that when they came to deliver the apples, they couldn't get freight cars. It has been estimated by the state public utilities commission, that the loss may total 700 carloads of potatoes and apples. Friend of Sitting Bull Allowed to Go Back to Berthold ywood, Mont. Noy. 13. (The Associated Press)—Antoine Baptiste Wallette, a Sioux Indian, personal friend of Sitting Bull and a veteran of the Custer mas- sacre, has been released from the county jail here and sent to his home on the Fort Berthold Indian | reservation in North Dakota. Walette is said to be 92 years old and carries his years well. He was picked up on the streets of Soobey, Mont. about a month ago and it has taken the authori- ties all of the, intervening time to learn where the Indian lived and who he was. = One of the treasures that the old man carries with him is a letter which he says he dictated to a Canadian mounted police several years ago and in which he tells of a conference held with Sitting Bull when he advised the great Sioux “Medicine Man” that Gen- eral Miles was after him. Ac- cording to the letter. Sitting. Bull replied he would. not surrender until “the government cane.” | ope of the coming conference | NORTH DAKOTA IS NOT MINING COAL TODAY; WILTON MINERS BALK WHEN ‘ASKED TO WALK MILES T0 THE MINES Governor’s Seizure of Coal Properties Not Progressing \Very Rapidly—Washburn Lignite Employes Ready to Go Back This Morning, But Refuse to Hoof It—Soo Line Requested to Re- Proclamation Finally Filed Late The state of North Dakota was not actually in possession of any coal mines this morning, and there was no reports of work Although given widespread publicity | Wednesday morning, Governor Frazier’s proclamation of martial jlaw was not filed with the secretary of state until 5 o’clock that evening, and it was not actually signed until 5:30. At the same time when he filed his martial law proclamation, the governor pre- sented for the attestation of the secretary of state his proclama- tion of November 10, in which he gave notice to the operators that unless they had made peace with their men by 6 o’clock Tuesday evening, November 11, the mines would be taken over by the state. The governor's office gave no reason for not having gone through with the usual procedure in the matter of this first proclamation. Following his declaration of martial law Wednesday evening the governor served on Adjutant General Fraser the following “You are hereby ordered and directed, in addition to the orders and commands contained in my proclamation of November 12, 1919, to immediately place men under your direction and control in charge of the mines enumerated in my proclamation of Novem- ber 12, 1919, and to pay to the operators of said mines a royalty of not less than 10 cents nor more than 25 cents per ton, to be hereafter determined, and to do all other things necessary in order to carry out the provisions of this order and my proclama- BAIRD AT WILTON Capt. L. R. Baird of Dickinson, national guard disbursing offi- cer, was dispatched to Wilton early Wednesday morning to take over the Washburn Lignite company’s big properties there. He had not reported up to 11 o’clock this forenoon that he was in possession of the mines. The governor’s office advised that it had received some reports of trouble at Wilton. This trouble appeared to lie in the fact that the railway company had pulled away the switch engines which had been serving the mines. FORCE IF NECESSARY General Fraser advised. this morning that his plan will be to send. out. individual agents. to take charge of the mines for the state. Force will not be used unless necessary, says the gen- eral. Should such a necessity develop, General Fraser. states that he has five full companies of home guards, armed with Springfield rifles and fully equip- ped, which will be available. The governor appears to have impaneled a personal guard, as a number of uniforms blossomed on the streets of the capital this morning. The governor’s office reported no unusual develop- ments over night, although, it was said, complaints continue to ;|come in from communities which -|are out of coal. MINERS WOULDN’T WALK Wilton, N. D., Nov. 13.— Wilton miners, prepared to re- sume work in the Washburn Lig- nite company’s mines this morn- ing, found no means of trans- portation provided for them. They declined to walk the two or three miles from town to the workings, and at noon they were still in town, and the mines re- mained inactive. The Washburn Lignite com- pany, through an arrangement with the Soo line, had operated for several years a mifie train of four coaches which carried the miners to and from the diggings. At 6 o’clock Wednesday evening when the governor seized the mines,,the company returned, the train. to the Soo line, which brought its equipment back to Bismarck. Capt. L. R. Baird and Mine In- spector John Hanwell called up- on General Manager W. P. Ma- comber shortly before noon. It is presumed that they made a formal demand upon him for pos- session of the mines. If transportation can be ar- ranged, it is understood that the miners will resume work tomor- row morning. The Washburn Lignite company employs 300 miners, all of whom are mem- bers of the union, and it pro- duces from 1,500 to 2,000 tons per day. ASKS FOR TRAIN General Fraser this morning made a formal request to the Soo line for the restoration of ‘|the miners’ train at Wilton. North Dakota was placed under martial law at 2 o’clock Wednesday afternoon; Adjutant General Fraser vas instructed to take charge of 34 lig- nite mines and to operate them with state troops and to arrest any person or persons “engaging in acts of vio- lence, intimidation or interference with. the. operation of .said amines and. hold such persons under guard until (Continued on Page Four.)