The Bismarck Tribune Newspaper, November 17, 1919, Page 1

THE WEATHER Generally Fair. HE BISMARCK TRIBUNE [oe RED ATA, LAST EDITION eee ne | BISMARCK, NORTH DAKOTA | MONDAY, NOV. 17, 1919 PRICE FIV" CENTS FRAZIER’S CON] ISCATION OF STATE MINES ATTACKED HEADS OF AMERICAN LEGION | MINERS REMAIN QUT EXCEPT IN WEST VIRGINIA No General Resumption of Work Reported in Any Other State Today CONFERENCE POSTPONED More Time Taken By Wage Committee—Union Officials Lose Control Chicago, Nov. 17.—While operators and union leaders had predicated re- sumption today of mining on a large scale in the bituminous coal fields of the country where more than 400,000 miners have been on a strike for six- teen days only in West Virginia were both sides confident that “all the men” would be back at work during the “day. In the other large producing fields the men showed a disposition in most cases to await further results of the conference at Washington of operators and union officials over a new wage agreement before returning to work. CONFERENCE POSTPONED Washington, Nov. 17.—The confer- ence of wage scale committee in the central competitive bituminous coal field was postponed today at the re- quest of the operators who were not ready to submit a counter proposal to the demand received from the miners Saturday. Meantime a committee of the op- erators was .framing a reply. It is said the question of the renewal of work by the miners was one of the matters to be brought up by the op- erators. OFFICIALS LOSE CONTROL Charleston, W. Va., Nov. 17.—In spite of predictions by leaders of the striking miners that the men would return to work today’ reports reach- ing the Kanawha Coal Operators’ as- sociation this. morning showed few additional miners added to working forces and no active mines added to last week's list. ' “The union officials seem to have lost control of their men,” said D. E. Kennedy, secretary of the association. MARYLAND MINERS BACK Cumberland, Md., Noy. 17.—There Was a general resumption of mining in the upper Potomac and Georges Creek coal field today according to the statement of leading operators here Nine percent of the striking miners returned in the Potomac field and sev- enty percent in the Georges mine they said, Between 8,000 and 10,000 miners were out in these two fields, STATE ASKS FOR RECEIVER Topeka, Kan., Noy. 17.—Receiver- ship proceedings will be started at once by the attorney general in the state supreme court against the coal mine operators of Kansas. It was an- nounced by Governor Allen today. By this move it is expected operation of the. mines idle since November 1 on account of the strike will be re- sumed, HOOSIERS STILL OUT Indianapolis, Ind. Nov. 17.—No union miners returned to work in the Indiana bituminous coal fields today. It was generally conceded by mem- bers of the Indiana Coal Operators’ association that no coal will be mined in this district until an agreement is reached in Washington, SOVIETS REASSERT CAPTURE OF OMSK Story Denied: Through Scandi- navian Sources Is Repeated London, Nov. 17.—The capture of Omsk by Russian soviet forces unof- fically denied in advise thru Scandin- avia yesterday .is reasserted in the Bolshevik comunique received by wire- less from Moscow today. Severe street fighting preceded the capture and more than 1,000 prisoners were taken by the Bolsheviki it is declared. The Kolchak forces retreated east- ward in disorder says the statement which also claims the capture of Yan- ovsky from the all-Rusian troops. In the Baltic region it is announced after the capture of Yamberg the Bol- sheviki continued to advance and are pursuing General Yudenitche’s troops. SUPREME COURT TO TAKE UP APPEALS OF DRY DECISIONS Washington, Nov. 17—The supreme court agreed today to hear arguments next Thursday on appeals from two decisions rendered last week in New York upholding the constitutionality of the wartime prohibition act. A sim- ilar appeal from the Kentucky deci- sion declaring the act unconstitutional will be heard on the same day. MENOKEN FARMER HERE FB. 1, Gilbert, a well known tarmer residing near Menoken, was in the capital clty Saburday. © creek | + WILSON TAKES AIR} FOR FIRST TIME IN HIS LONG ILLNESS Washington, Nov. 17.— President Wilson was taken downstairs in a wheel chair today and rolled out on the White House lawn, whére he basked in the sunshine for a short time. This was the first time he had left the White House since his return from his western tour, dur- ing which he was taken ill. i SERVICE MEN T0 STORM WOBBLIES’ RENDEZVOUS HUT Yanks and Woodsmen Awaiting Reinforcements Before Making Attack POSSE GUARDING CABIN Centralia, Wash., Nov. 17.—Former service men and woodsmen members of a posse attempting to arrest alleged Industrial Workers of the World awaited reinforcements from here be- fore attempting today to storm Hunters cabin on the headwaters of! the Hannaford creek 18 miles north-| east of here in which it was believed the men they sought had taken refuge. Since Saturday night possemén have guarded all outlets from the dense woods surrounding the cabin some- where in. which is believed to lie the body of John Haney a posseman miss- ing since searches and men exchanged shots late that afternoon. Too few in numbers to take the cabin by storm though its defenders are though to number but three the former service men sent out a call for additional forces. ‘It was.thot, the reimorcemants, would arrive in time for an attack this morning. A truce existed yesterday so far as the campaign against radicals in the northwest was concerned. GOVERNMENT WINS FIGHT FOR 6,000 ACRES OF OIL LANDS Opinion From Supreme Court Cancels Patents on $10,- °000,000 Tract Washington, Nov. 17.—The govern- ment by. an opinion today in the su- preme court won its fight to have cancelled patents for 6,000 acres of California oil lands valued at $10,- 000,000 alleged to have been obtained through fraud by the Southern Pacific Company. Disposing of the cases the supreme ‘court reversed federal court’s decree dismissing proceedings instituted by the government to have the land which ig located within naval oil reserve No. 1, returned to the government. UNCLE SAM WILL SEND RADICALS BACK TO HOMES Fairmount, W. » Noy. 17.— Thi ven alleged radical agi- s arrested from this region during the past three days by agents of the department of jus- tice and county officers are in the Marion and Monogalia county jails today awaiting deportation pro- ceedings which according to fed- etal authorities will be started in the immediate future. RICHARDTON MAN KILLER IN THE PEN Adolph Lehman, son of a wealthy re- tired rancher residing in St. Pa‘ul, must enter the state penitentiary to serve a twenty-year term for the killing of Mathias Wetzstein near Richardton on May 20, 1917. The supreme court so ruled Saturday in affirming the vir- dict of the trial jury in district court. Lehman is said to have shot Wetz- stein in an altercation which resulted from ‘the former's alleged attentions to Mrs. Wetzstein, whom had been Le- hman’s housekeeper. Lehman is said to have gone to Wetzstein’s shack, to have quarrelled with him there, and to have forced his way into the house, where he shot Wetzstein in spite of the latter’s mother-in-law’s attempt to shield him. Lehman’s wealth enabled him to en- gage. the very best of legal talent, and his fight for liberty had been prolonged for a year and a half. SECRETARY GLASS WILL BE SENATOR Washington, Nov. 17.—At the request of President, Wilson Secretary Glasy will accept the appointment as Sena- tor from Virginia to succeed the late Senator Thomas S. Martin it was an- nounced today at the White House, FRANKLIN D'OLIER. Minneapolis—Two prominent or- ganizers of the American Legion have been highly honored by the World War veterans. Franklin D’Olier of Phila- delphia, chairman, was a leader in the St. Louis caueu: Private Joyce S Lewis of Long Prairie, Minn., hero of Chateau Thierry, and prominent. or. gant: is first vice chairman. Lew injured in battle, is paralyzed in one ex. WILSON TO HOL TREATY IF LODGE FIGHT SUCCEEDS sinew alee ip aie shart President Declares Reservations .Proposed By Republican Would Nullify Pact Washington, Noy. 17.—President Wil- son Will pocket the peace treaty if it contains a Lodge reseryation he told Senator Hitchcock at a conference to- day at the White House. “The President has read and con- sidered the Lodge reservations,” se’ ator Hitchcock said, “and he cons ers them a nullification of the treaty and utterly impossible.” The program outlined by Hitchcock after he had seen dent Wilson last week will be ried thru in the senate Mr. Hitchcock said. This is the contemplated defeat of the ratification with the Lodge re- servations, attached and the ocering of a resolution for ratification with out reservations. With the defeat of this resolution a deadlock would follow and a compromise sought. Senator Hitchcock president for an hour. The: President’s decision grew from republican leaders’ emphatic state- ments that there would be no com- promise and that their original pro- gram of precédure would be adhered Se: Presi- was with the 0. “The only result has been to harden our lines,” said Senator Lodge. It was the view of the republican leaders that the senate probably would reach a deadlgck and they said that if the treaty was withdrawn or failed the situation would be charge- able to the administration. UNCLE SAM SEIZES SEA RUM RUNNERS _ Miami, Fla., Noy. 17. eizure by federal officers of two boats plying be- tween Florida ports and the Baham islands was declared to be the first steps in a campaign to end illicit li- quor traffic between the nearby Bri- tish possessions and this country. The vessels were seized under ‘the techni- cal charge of sailing for a foreign port without necessary clearance papers, JOYCE SY LEWAS YANK CONS OF MEX KIDNAPERS Washington, Noy. 17.—William O Jenkins, American consular agent at jPueblo, Mexico, was detained at the jarrest on a charge of collusion with the bandits who recently kidnapped him ording to advices to the state de- nirtinent today from Mexico City, He then was released without bail and is now restricted to his own home. FIVE KILLED AND MANY INJURED IN TANK EXPLOSIONS Salina, Kan. sett Five persons were reported killéd and a score in- jured some of whom are expected to die at Hays, Kan., this morning when two large tanks of gasoline at a_fill- ing station exploded according to a report received here, SOLDIERS’ BONUS ACT, UPHELD IN WISCQNSIN Madison, Wis., Nov. 17—The Wis- consin supreme court today sustained the validity of both the soldiers’ bonus law and the soldiers’ educational measure. | PUBLIC TO HAVE CORE’ AFTER STATE FINISHES WITH MINING APPLE, IF THERE IS ANY CORE, SAYS FRAZIER Governor Frazier is quoted in the league press as, predicting that the state can lower the retail price of lig- nite coal. The governor points to ‘th? fact that the state will pay the! owners of mines which have been seized only ten to twenty-five cents per ton royal- ty, whereas the average producing profit has been forty. cents. The dif- ference, the governor intimates, will be deducted from the public’s coal bill After the state’s overhead expense has been paid. This overhead is expected to include the: salary of J. W. Deemy of Ken- mare, named by Governor Frazier to be state fuel director; of the’ Equitable Auditing Co. of Fargo, which the gov- ernor has placed in charge of the books of the 84 mines which he has taken over, and of fifty or more military mine managers and assistants, whom the governor has sworn into the state guard.as his aides. If, after meeting this expense, which is not normally incident to lignite mining, there should’ remain’ a ‘sur- plus, the governor says this amount will be shaved off of the ptice of lig- nite to the consumers, and that those who have bought coal from the state under the present prices will receive a rebate, UL WAS) 'HELD CONFEDERATE, [penitentiary for two hours after his|- |) BUTTER GOES UP TO 70 CENTS PER LB. WHOLESALE Chicago, Nov. 17.—Highest prices ever known for butter were reached in Chicago to- day, 70 cents a pound for creamery wholesale. This same never went above 6714 | cents during the period of | active hostilities of the world war. Receipts of butter here of | late have been much cur- tailed as compared with a month ago. i | | %. ‘DR. ROAN SHOT BY MISTAKE, IS IN ST. ALEXIUS Hunter Says That He Thought Victim Was Coyote—Eye Is Penetrated By Shot Dr. M. W. Roan was shot by R. R. Morford while hunting rabbits in the; ‘Missouri bottoms near Bismarck on| Sunday afternoon. Young Morford was about forty yards from Dr. Roan when he fired upon the latter with a! shotgun, filling Dr. Roan's body and! head with birdshot. Morford explained } that he saw something moving in the} bush and thought it was a coyote. The injured man was brought to St. Alex-| ius hospital, where it was found that } aside from one shot which lodged near} his right eye his wounds are not seri- ous. Dr. Roan was in the woods 40 yards from the road and M. O'Connor was about 300 yards away waiting for a rabbit to break from cover. A bob-| (sleigh containing M. B. Morford, his son, R. R. Morford, and three other) men from this city came out of the woods along..the road. Young Morford, seeing something moving in the brush raised his shot| gun and fired. O’Connor, hearing Dr. |Roan shout, “Don’t shoot,” and then cry, “I’m shot” rushed to the injured} physician. By the time O’Connor had reached Dr. Roan the men in the sleigh had larrived and were starting toward the | road with him. Dr. Roan was not} bleeding very much and gave direc-| tion to the men to be taken to the St. Alexius hospital, whether he was | quitkly rushed. Twenty-seven birdshot lodged in Dr.} Roan’s body from the right knee up-{| wards to the injury affecting his right eye. The injuries are. not considered | serious, although those attending Dr. \ session” joceupation forces in Dalmatia thu: Judge Nuessle on Wednesda manding them to refrain from Wilton. possession and operation of said The Washburn li. if peaceful possession was not tial law. D’ANNUNZIO NOW MASTER OF WHOLE creased Power of Italian Warrior-Poet Fiume, Noy. 16.—Gabriel_ D'Annun- zio's Jatest exploit appears to have ynade him master. of the entire Dal- matian coast. It secured the adher- ence to his side it developed of miral Millo commander of the Ita (l- ing D’Annunzio a continuous com-| mand from the Ausfro-Italian armis- tice line north of Finme southward to! Ragusa covering all the approaches to the Dal n coast. Four war. ships including a dreadnaught and four | torpedo boat destroyers have been add-| ed to the D’Annunzio nayal command) giving him a formidable weapon with which to maintain his position. THREE MORE MEN JOIN ARMY THRU !Roan could not state today whether his eyesight might be permanently af-| fected. The other wounds are minor. eel eocce eae eaten | (MORTON COUNTY | FARMERS PLAN | ANNUAL MEETS! Agriculturists Will Gather in| Mandan From Feb- ruary 16 to 28 Mandan, Nov. 17.—February 16 28 jare the dates assigned to Morton county for the annual series of farm- ers meetings in 1920. The schedule \for counties was arranged by. the county agents of this-district in their meeting with the new county agent, H. B. Fuller, at Bismarck last week. Max Morgan, Morton county agent, will arrange the schedule of towns in the county for those two weeks. He had the privilege of selecting his corps of speakers, and declares that he has; the pest that can be found in this all- important line »f work. Dan Willard, “the grand old man of | Northwest farming,” who gained an unusually wide acquaintance as better farming specialist, with the Northern Pacific, will lead during the first half of the perjod, and will be accompanied by Dr. John E. T. Dinwoodie, famous specialist on the Dakota Farmer Staff. During the second period John Ha- gan of the International Harvester com- pany’s better farming bureau will be} the leader; he is familiar with North Dakota conditions, having been mana- ger of the International Harvester experimental farm at Grand Forks for some time. E. A. Willson, agricul- tural agent for Cass county, will ac- company Mr. Haney. Mr. Willson for- merly was with the agricultural bu- reau of the Northern Pacific with headquarters in Mandan, and has a host of Slope friends who will be pleased to have him among us again. A great series of meetings is what 'Mr. Morgan predicts for the February gatherings throughout the county. HOUSE EXPECTS TO FINISH TOMORROW - Washington, Nov. 17.—No_ business will be transacted by the house after today Republican Mondell sajd, adding that the house probably would forni- ally adjourn tothorrow following the passage today of the Esch railroad bill and a resolution extending gov- ernment control over dye imports un- tit after January 15. RECRUIT ‘OFFICE; Two of Them Are Former Serv- ice Men ‘and Like the Feel of the Khaki Three more recruits were accepted for the army thru the Bismarck re- cruiting office, the men being sent to; Jefferson Barracks Mission for per- manent ignment, Col. 'T. J. Rogers! of Aberdeen recruiting headquarters! was in the city and accepted the men.| While here Col. Rogers went to Fort Lincoln to condemn an army mule there; that had died, The men accepted and who are now in Jefferson Ltarracks are Elmer Mid- dlestead of New England, Ira C. Hen-| sel of South Bend. Ind., and Steven Havilock of Gorman. — Middlestea i} choose the infantry, Hensel the motor and Havilock the quar- Middlestead and service men, the Hensel former former serving with the 387th trench motar battery in France and Hensel with the coast artillery corps at Gal- yeston, S. BOLSHEVIKI ARE SEEKING PEACE WITH BRITISH In diplomatic cir- held it is evident eviki are entering into London, Nov cles here the that the Bo | negotiations at Dorpat regarding the; exchange of prisoners with every in- tention of endeavoring to open peace pour-parlers with Great Britain. GERMANY IN POWER OF REACTIONARIES Phillip Scheid mann former Germ ancellor writ- ing in the Vorwart: he considers | that Germany is really in the power) of the reactionaries, “The entire army,” he writes, “seems to be at the disposal of the reactionaries, Unity of the working classes has become a bounden duty.” GERMAN WAR PRISONERS IN JAPAN SEEKING JOBS Tokio, Oct. 5.—Sixty former Ger- man prisoners of war in Japan have applied for’ employment in or near Yok- ohama. Some of them are experts in Copenhagen. from interfering with the operaton of the plaintiff’ plant, which furnishes light and power for Wilton. SEIZED LAST THURSDAY ignite mines at Wilton were seized by the state last Thursday. The company surrendered under aiOtEe to Capt. L. R. Baird of the home guard after his threat to use force DALMATIAN COAST; Latest Exploit Has Greatly In-| |over the protest of the plaintiff, COURT ORDERS STATE TO SHOW WAY IT SHOULD RETAIN WASHBURN C0.S COAL MINING PROPERTY AT WILTON |General Fraser and Captain Baird Commanded to Appear Before y to Defend Seizure of Private Property Under Governor’s Proclamation Held to Be Unlawful, Unconstitutional and Void—Washburn Makes Statement Adjutant General G. Angus Fraser and Capt. L. R. Baird of .— ; the North Dakota home guard were ordered by Judge W. L. Nuessle in district court this morning to appear November 19 to show cause why this court should not issue an injunction com- n “taking, holding and retaining pos- of the Washburn Lignite Coal company’s properties at The order was issued upon motion of Andrew Miller of Bis- marck, attorney for the petitioner, who asks for an injunction com- manding General Fraser and Captain Baird, as individuals and in their official capacities, to refrain from “excavating, removing or disposing of plaintiff’s coal, from interfering with plaintiff’s mine” and other properties and 's electric light given. Captain Baird acted on instructions from General Fraser, who received his orders from Governor Frazier, under the latter’s proclam ation declaring mar- _In his petition for an injune- tion, Attorney Miller places the value of the Washburn lignite properties at $1,550,000. This property, he declared, with force of arms, without authority of law, and against the will and was forcibly taken possession of November 18, by the defendants, thé adjutant general and a cap- tain of the home guard, who did “then and there forcibly oust the plaintiff from the possession of said property”; and “unlaw- fully and by force of arms and y-|against the will and contrary to the protest of the plaintiffs did take over the complete posses- sion and operation of said mines, machinery,” etc., “under cloak of and in accordance with certain pretended proclamations and orders issued by Lynn J. Frazier, governor of North Dakota.” MAY BE BADLY DAMAGED The petition recties that the mining prpoerty is subpect to great and irreparable injury and damage if not properly and skill- fully handled and operated, and expresses the belief that the de- fendants are not skilled coal mine operators. WORK OF DESTRUCTION “The plaintiff further alleges,” reads the petition, “that it now has and for a long time prior to the commencement of this action has had numerous con- tracts, obligations and agreements for the Sale and delivery of coal with state institutions, public schools, municipali- ties, municipal light, heat and power plants and private individuals, associa- tions and corporations, which — th's plaintiff is in law bound to fulfill; and that the performance by plaintiff of such contracts, agreements and obliga- tions is hindered, delayed and inter- fered with by these defendents thus subjecting plaintiff to suits, losses and damages. Plaintiff further avers that it has in this state and outside thereof hundreds of customers whose trade has been obtained and kept through years of fidelity in ful- filling its contract with them; that such trade and commerce both within this state and in interstate commerce, is by the action of defendants render- ed impossible of performance and ful- fillment, and if the defendants be per- mitted to continue in the usurpation of plaintiffs property and in the interfer- ence with its operation thereof, said trade with its customers, both intra- state and i state, will be destroyed, : to plaintiff irreparable loss and damage.” The petitioner charges that if the defendants are allowed to remain in possession of its properties. it will suf- fer a serious impairment if not a des- truction of business, which has been built up after years of constant ef- fort. The petitioner contends that the gov- ernor’s proclamation and further or- ders and acts are contrary to law and are void and unconstitutional, in that they contravene the constitution of the United States and of North Dakota, providing that no state shall abridge the privileges or immunities of citizens of the United States, nor str#ll any state deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the law. The petitioner therefore asks that it have judgment against General Fraser and Capt. Baird for such dam- ages as may be shown to have resulted from their alleged unlawful acts, and that the court immediately issue a tem- chemical and dyestuff industries. ‘ (Continued on Page Two.)