The Bismarck Tribune Newspaper, November 18, 1919, Page 1

THE WEATHER» =| THE BISMARCK TRIBUNE [== THIRTY-NINTH YEAR, ~~ BISMARCK, NORTH DAKOTA ‘TUESDAY, NOV. ech 1919 PRICE FIVE CENTS ALL CIVIL RIGHTS SUSPENDED LIGNITE MINES OF NORTHWESTERN DISTRICT BRING ACTION AGAINST FRASER IN THEU. §. DISTRICT COURT Petition Similar to That Made to Judge Nuessle Here to Be Filed With Judge Amidon This Afternoon or Tomorrow—Adjutant General Retains Seth Richardson of Fargo as Personal Attor- ney—Governor Frazier Not Advised An action similar to that instituted in the state district court here yestérday, when Attorney Alfred Zuger, of Miller, Zuger & acting for the Washburn Lignite Co., from Judge Nuessle an order directing Adjutant General Fraser to show cause why he should not be restrained from continuing to hold possession of the company’s mines at’ Wilton will be started today or tomorrow in the United States district court at Fargo by Attorney John E. Greene of Minot on behalf of a dozen or more lignite mines in the northwestern part of the state. Attorney Greene will appeal to Judge Amidon for a temporary injunction and an order directed to General Fraser commanding him to show cause why he should not refrain from further opera-} tion of these mines and why they should not bd immediately ré- stored to the lawful possession of their owners. Tillotsen, Mr. Greene is acting for the Burlington city mine, the Conan mine, the Larson mine, the Wal- lace mine, Dakota, Midway, Davis and a half-dozen others. petition will be similar to that filed in the state court here yester- day, alleging unlawful seizure and the unconstitutional confisca- tion of private property rights. FRAZIER CONSULTS ATTORNEY Adjutant General G. Angus Fraser, served Monday afternoon with an ord- er to appear in district court here to show cause why he should not relin- quish the Washburn Lignite Co.'s mines at Wilton, seized last Thursday under orders from Governor Frazier would make no statement pending the arrival of his personal attorney, Seth E. Richardson of Fargo, expected. t) reach the city early this morning. George K. Foster: will represent the state, Miller, Zuger and Tillotson are prosecuting the action for the Wash- burn Lignite company. General Fraser and Capt. L. R. Baird of the home guard, who forcibly took over the Washburn mines under. Go¥- ernor Frazier’s proclamation of marti- al law, are held personally responsible for their alleged unlawful acts and for any civil damages which may re- sult through injury to the mine pro- perty or loss of business as a result of their seizure and operation of the mines, THE COURT. ORDER In granting ‘the mining company's petition for an order to chow cause, Judge Nuessle, in district court says “It appears to the court b ythe verifi- ed complaint of the plaintiff that the plaintiff is entitled to the relief de- manded, and that such relief consists mainly in restraining the commission of the unlawful acts set forth in the complaint, the commission and contin- uance of which would produce irrepar- able injury to the plaintiff; and the court deeming such application well taken and that plaintiff is entitled to such order, therefore it is now ordered that the defendants show cause before this court on the 19th day of Novem- ber why this court should not grant its order and injunction to the de- fendants corimanding them and each of them and their agents, servants, em- ployes and successors in office to re- frain from taking, holding and retain- ing possession of plaintiff's real es- tate and personal property, and com- manding them to refrain from exca yating, removing or disposing of plaiu- tiff’s coal, from interfering with plain- tiff’s possession and operation of said mine, and from doing or performing any of the unlawful acts described in the complaint; and that said defend. ants show cause why all and singular of said property, real and _, personal. should not be forthwith returned and restored to the possession of the plain- tiff herein.” NOT FOR PUBLIC USE The Washburn Lignite Coal Co. as- Serts in its complaint that its pro- perty has not been taken or damaged for any public use; that the defend- ants have ousted plaintiffs from pos- session of said property, taken possess- ion of and amaged the same without just compensation having been first made to or paid into court for this plaintiff, and that the defendants are not able to respond in such damages as will of necessitiy result from the continuance of the acts hereinbefore complained of. FRAZIER IN CHICAGO Governor Frazier was in Chicago on Monday preparing to addrescs the Na- tional public ownership — conference there that evening. The secretary ad- vised that the governor had not been advised of the court action and that no word had been received from him. Mr, Frazier will not return to Bismarck until early Wednesday morning. At- torney General Langer was also ab- sent from the city today, and General Frasér could not state until after he had interviewed his personal attorney whether Mr. Langer would intervene in behalf of the state. An interesting sidelight on the North Dakota situation is found in the statement of Capt. I. P. Baker, form- er federal fuel administrator for North Dakota, to the effect that there 1s ample coa)] at the head of the lakes, secured to North Dakota, to meet the needs of this state for the whole win- } the body of the victim. ter.’ Capt. Baker made this announce- ment ‘upon his return from Washing. ton, whither-he went at the behest of Governor Frazier to secure release and distribution of eastern coal held at the head of the lakes and assigned to North Dakota. The Washburn Lignite Coal Co. is a Minnesota corporation whose mining}C. Ketcham,, of Hastings, Mich. was re-elected national treasurer. properties are valued at $1,550,000, obtained Williston Ice & Coal Co., the The} STATE OPERATES | MINE; MINER IS ACCIDENT VICTIM Williston, N. D., Nov. 18.— | One man was instantly killed, another barely escaped death, || while a third was seriously injured in a series of mining | accidents here Monday. Amos | Sarff, 44 years old, was killed | when a solid lump of coal | weighing about two tons fell upon and crushed him to death at 4 o’clock Monday afternoon in the Lovejoy mine east of Williston. It re- | quired the combined strength of six men with crowbars, according to. witnesses, ‘to move the block of coal from | He | is survived by a large family. | MAN BADLY CRUSHED |! I. J. Nelson, said to be an employe of the Husebye mine | i near this city, was badly if | not fatally crushed late Mon- | day afternoon when a car of |; coal jumped the track in the | mine tunnel and jammed him against the the tunnel wall. He was hurried to the Wit- |} tenberg hospital in this city, where he was found to be suffering from several broken ribs and possible internal injuries. ANOTHER ESCAPES | A third miner, whose name could not be learned, late Monday escaped ‘death by a hair’s breath in the Ludo-» wese mine. - He is said to have heard the threatening sounds that sometimes pre- |} cede the falling of roof coal, and jumped to safety just as a mass of coal weighing sev- eral tons .crashed down on the spot where he had been standing. . 4 HOUSE FINISHES WORK, RECESSES UNTIL DECEMBER Lower Body of Congress Will Hold Last Formal Business Session Today +. Washington, Nov. 18.—Having pass- ed the Esch raifroad bill at its session | last night the house today virtually began a recess to be continued until the opening of the regular session of congress in December. The last formal meeting of the house in the extraordinary session that was begun last May 19, was on the pro- gram today republican leaders hoping to adopt a resolution continuing the government control of dye imports until] next January 15. Republican Leader Mondell said he hoped the sen-| ate would first act on the dye meas- ure so that the house action woud then permit a formal adjournment. NEW YORK MAN IS NATIONAL HEAD, OF AMERICAN GRANGE) Grand Rapids, Mich., Nov. 18.—8. J. Lowell of New York wag elected na- tional master of the national grange at the annual election today. John [YANK LEGION AND WOODSMEN RESUME ASSAULT ON I. 'W. W. Attack Pursued Through Dense Forest Twenty Miles Be- yond Centralia Centralia, Was! Noy. 18. posse composed of scores of e perienced woodsmen and membe of the American Legion resumed y search through & dense wenty miles northeast of here for suspects wanted in con- nection with the ‘hooting of form- er service men during an armis- day parade. At least three of the fugitives were believed to be caught within a circle formed last night by the possemen. | EARLY HOPE FOR RATIFICATION OF PEACE PACT SEEN Republicans Believe That Com- promise Effected Today Will Settle It LABOR CLAUSE AMENDED Entrance Into International Con- ference Dependent On Act of Congress Washington, D. C., Nov. 18.—Plans shaped up in the senate today for a final vote on the treaty Thursday, under a dompromise program, which 'many senators thought would result |\in ratification. The. group of mild reservation re- publicans opened the way by deciding in confe¥ence to aid in bringing about a second vote on ratification, after |\the resolution of the foreign relations committee with its reservations has been voted down by the democrats. MUST GO TO LODGE This decision was communicated to Republican Leader Lodge, who had opposed any reconsideration. At the same time democratic leaders were ‘informed that any further compro- mise negotiations must be conducted with Mr. Lodge. A talk betweeti:Democratic Leader ;Hitchccck and Lodge followed, in which it was agreed not to convene the senate until noon tomorrow, so the |democrats could meet and draft their ‘plan of action beforehand: During the day the ratification resolution was expected to be put into form for a vote on the following day. LABOR RESERVATION MADE A reservation to the peace treaty |making the entrance of the United States into the international labor jconference contingent on action; by congress was adopted today by the senate, Taking its first action of the day, the senate voted down a reservation excluding the United States entirely from the labor provision. It had beer offered by King, democrat, Utah, as a substitute for that of Senator MeCum- er. LANGER REFUSES TO APPROVE BIG FUND'S TRANSFER || Method of Financing Adopted By Industrial Board Held to Be Wrong Attorney General Langer has declin- ed to give his approval to the minutes of a recent meeting of the industrial commission in which Governor Frazier and Commissioner Hagan voted to transfer to the several state depart- ments whose - available funds have been exhausted $280,000 from thé funds of the Bank of North Dakota This transfer was made under the pr ms of Section 15 of the bank act, which authorizes the transfer of pub- lie funds from one department to an- other, Dr. John H. Wor immigration, is in where he will make two addresses this week at a rural life conference which is be- ing held at the state school of science ‘|Paul railroad. EMBARGO PLACED ON COAL SUPPLY RAPIDLY FADING Distribution of Fuel For Nation Taken In Hand By Walker D. Hines KANSAS MINES REOPENED Properties to Be Operated Under State Receivership-— Men Still Out Chicago, Ills. Nov. 18.—Director General of Railroads Walter D. Hines and seven regional directors will meet here late today to consider the ne- cessity of declaring a nation-wide freight embargo to conserve the country’s supply of coal. The conditions growing out of the present emergency were informally discussed by regional directors this morning who plan to have a definite program ready to submit to Director General Hines later in the day. If Director Hines approves the re- commendations of his regional direc- tors an order may be issued immed- jately which will mean: Nation-wide embargo on freight. A forty percent cut in passenger train service throughout the country. Closing down of all non-essential industries. Fifteen million’ workmen thrown out of employment. “The situation is extremely serious and immediate action is nec said R. H. Aishton director northwest region today. “’ roads are vital to the business life of the nation and they must be kept go ing. Radic: ction must be taken. My judgment is that a general embar- go is the only way to meet the needs of the present emergency.” Chicago, Noy. 18—Further drastic steps to conserve the steadily dwind- ling coal supply today were-i npros- pects. Brought to full realization of the condition to be faced should the approximately 425,000 bituminous coal miners who went on strike more than two weeks ago continue to remain idle Walker D. Hines, federal d tor of ilroads today was to discuss with| on regional directors the placiug of a national embargo. Extensive mining properties in Kans today were state Opérated and proceedings had been requested against Ohio m: that would bring them under stat trol along with the North Dakota nite mines. Except for North ‘Dakota, Wyoming and some of Alabama and West ginia mines no increase in produ will be ot ig- tion Was reported throughout the country. GENERAL EMBARGO URGED A general embargo is the only way to handle the situation said R. I Aishton, director of the northwest rail- road region. Only from ten to ply of fuel today railroads of the centr according to F. E. director of the area. Of forty trains annulled yesterday making the total taken off since the’ national strike was called 106 were on the Chicago Milwaukee and St. In that connection it developed that for the past ten days (Continued on Page Three) velve days sup- available for stern region assistant Ww Clari Montana Miners Agree to Stick By Agreements Contract Broken By Frazier | Here Lived Up To In Ad- | joining State | Billings, Mont., Nov. 18.— | The Montana Coal Operators’ | association and representa- tives of the United Mine Workers of district 27, em- bracing the state, reached an agreement for resumption of work in Montana mines, i}! headquarters of the opera- tors announced today. It is | said the agreement provides for the adoption of the set- tlement to be negotiated for the central competitive field. | CONGRESS ON THE JOB Washington, Nov. 18. —This i is a typical opening of a session of the house of representatives. Count ’em carefully—22 of the 435 members are present. There is no penny, for tardiness ; no record of absentees. Why hurry? It’s only. the publie’s business. jchamber to carry out the policies en-! |{ Albert E. DESERTION FROM REGULAR ARMY TO POET CONTINUES Government Apparently Power- less to Stop Tide Turning to D’Annunzio Fiume, Sunday, Nov. 16. from the regular Italian fo Desertion to the troops commanded by Capt. Gabriel D’Annunzio apparently cannot be prevented by the Italian government and recent events appear to justify the belief that the regular forces will be loyal, to the poet if occasion demands. |, Corps commanders guarding the arm- istice line along the Jugo-Slav frontier assert they will be unable to prevent a break in their forces and should Capt. D’Annunzio make a move into Istria it is claimed that whole divi- sions will follow him. FRENCH RADICAL KLEMENT BADLY BEATEN SUNDAY Notable Triumph Scored For Conservative, Modernist, National Faction EXTREMISTS REPUDIATED Bolshevists Claim But 54 Seats Compared With 494 Mem-_! bers For Opposition Pa omplete returns available this noon from all but about fifty districts confirmed the indica- tion that Sunday’s election to the} chamber of deputies resulted in a note- able triumph for the — conservative, modernist and nationalist elements. In the 548 districts for which the returns. are in these elements elected 494 members as compared with 54] S$ won by the extremists. ile some newspapers express ction over the defeat of the so- cialists which they assert demonstrate an overwhelming sentiment against} Bolshevism socialist organs declare the members of that party will n- tain their oppositicn. te the govern- ment and defy the majority. in the} nunciated during the campaign. FARGO BANK MEN GET CONTINUANCE Trial of H. J. Hagen and P. R. Sherman Put Over Till Next Week i N. D. Noy. 18.—Pleading} had been taken surprise | f£ the counts contained in the} ion filed in the county | court Monday against H. J.| sident and P. R, She of the Seandinayian Amet counsel for the two accused bank | officers obtained a continuance till) nex fonday in the case growing out} of the closing recently of the Fargo bank, The defendants dil not enter pleas to the information, the pleas being re-} served fill next Monday. Charges against the officers are that they exhibited false statements | of the bank’s condition to the stats] bank examiner. Three specific counts are alleged. JIndge W. S. Fargo, that they on one informa district Hagen, y cashier bank Lander of Wahpeton. Sheets, Jr. of Bismare assistant ttorney general; Wn. Green, state's attorney, appeared for the state James Manahan of Sty Paul, Wm.’ Lemke of Fargo, and] Pierce, ‘Tenneson ( Cupler of Fargo.| appeared for the defendants. « FRAZIER N CHICAGO Governor Frazier is in Chicago, where with Walter Thomas Mills, league lecturer, he is representing} North Dakota at the national public} ownership convention. The governor and Mr. Mills will both speak on the development of the Nonpartisan league in the northwest. [tana brood sow | | McKAl SRY CORDIAL Bernie Mewrek., who has been a North Dakota farmer for nineteen years and who was a juror in the COURTS HAVE NO JU JURISDICTION WHEN MARTIAL LAW IS DECLARED, STATE WILL CONTEND TOMORROW Attorney General’s Office Will Move For Dismissal of Action Brought By Washburn Lignite Co. Before Judge Nuessle— Fraser Retains Fargo Lawyer as Personal Counsel to Aid Assistant Attorney General The state in defending Adjutant General Fraser's seizure of the lignite mines of North Da- kota in district court tomorrow will contend that this court, which issued a n order directing the ad- jutant general to show cause, has no jurisdiction jin the matter, it was intimated today. It was said that the state will hold that Gover- nor Frazier’s proclamati on of martial law last Thursday suspended all civil rights, and that no Gvil court has a right to try any issue arising out of this action so long as mar tial law prevails. WKAIG LOSER IN BiG LIBEL SUIT INIDAHO COURT State Manager of the League Fails to Collect From Frank R. Gooding BISMARCK FOLK TESTIFY), Boise, Idaho, Nov. 18.—Ray McKaig, state manager of the Nonpartisan league in Idaho, failed to collect $50,000 damages for alleged libel at the hands of former Governor F. R. Gooding today, when a jury in district court returned a verdict against McKaig and in favor df Gooding. The trial was one of. the most sensational ever witnessed here, and it was featured by a dra- matic moment when McKaig, charged with an attempt to in- |timidate Fred J. Rist of Bis- marck, a witness for the defense, {admitted in open court that he had called the witness, while on the stand, a “s— of a b—!” M’KAIG LOSES SUIT Ray McKaig, former slope minister, later state manager ofthe grange and | now league manager for Idaho, lost his libel suit against former Governor Frank R. Gooding of Idaho, whom McKaig sued for $50,- 000 because Gooding criti- cised McKaig’s connections with Kate O’Hare, Arthur Le Sueur and other social- ists. After a trial occupy- ing two weeks, the jury in Boise, Idaho, yesterday re- turned a verdict holding Gooding not guilty. a number of North Dakota people who testified that they; 1 seen Ray McKaig, league manag- rv for Idaho, 1d Mrs. Kate O’Hare, Soaialist candidiate for vice presid- | ent and a federal prisoner at Leaven-| worth, ed at yarious tim plac in B rek during her trial! here for sedition, featured the clo 4 vs of the trial at Be s $50,000 libel suit agai Despositions of made during the campaign of nk Gooding United States Senator. | aged the opposition to y the league. Gooding at- Hare, a woman who likened the moth: | ers of North Dakota soldiers to “Moa- O'Hare trial, told of McKaig’s going] back of the railing in the federal court room to give Mrs. O'Hare a “very cordial” greeting. He also told of see ing McKaig and Walter Thomas Mills in company here. J, A. Pierce of Fargo, another juror, | testified that McKaig had addressed Mrs, O’Hare as “sister,” and Francis J. rphy of Minot described McK: greeting as “very friendly and warm very friendly and warm.” Murphy |; also told of Arthur LeSueur’s associa- tion with the I. W. W., the interne- tionalist socialist party, and the Non- partisan league. i, TELEPHON: OPERATOR TALKS Mrs. Zelia Zalinski, who was then telephone operator at the league hotel in- Bismarck, told of meetings between Mrs. O'Hare and McKaig during the former’s trial. She said she had seen them together a number of times ‘lthe supreme court, the lobby and that they had entered (Continued on Page: Four.) In other words, the state will hold that under martial law the governor’s rights are supreme, and that the operation of the courts and of all other civil func- tions is suspended. Assistant Attorney General George K. Foster will represent the state in urging dismissal of the action brought by the Wash- burn Lignite Co., praying an order restraining the adjutant general from interfering with the operation of their property. Adjutant General Fraser will be personally represented by Seth B: Richardson of Fargo. CAN ORDER EXECUTIONS The legislature some years ago suspended capital punish- ment in North Dakota. Under martial law, it is contended, the governor may restore capital punishment, try, judge and exe- cute as he may see fit. He is, the state’s legal authority in- sists, supreme. There is- no power short of the United States government which can question his acts as absolute dictator of North Dakota. x The rule which the state con- tends would apply to the district court will also, it is held, be ap- plicable to the supreme court, which Governor Frazier could, should he choose to do so under martial law, indefinitely adjourn. Or, it is pointed out, should the supreme court make any decis- ion adverse to the governor’s martial dictatorship, he has the power to suspend the supreme court and to reverse its rulings. The one power left the courts, if the state makes good its con- tention, is through the writ of habeas corpus, under which the courts could, if appealed to, wrest from the governor’s hands any prisoner who was arrested and held without due process of aw. ROBINSON SAYS SOLONS SHOULD COMMEND CARL League Associate Justice Not In Accord With Townley Attacks Unconfirmed rumo: re prevalent ito the effect that petitions calling for the impeachment of Attorney General Langer, Secretary of State Hall and State Auditor zky are being sir- culated by the Nonpartisan league. As to one of this trio, ociate Justice James FE. Robinson, league member of has already gone on record In a public letter, Judge Robinson, ow in a few days the solons men from the east do meet. at the capitol to correct their own er and to restrain and curb those young thoroughbreds who despise cor- rection and who are continually ‘kicking over the traces.’ But Kosit- he must be given a clean bill of Ith, with due commendation be- cause he is a good worker, he does not fear to speak the truth, and he has done the people a great service by con- tinually pointing out the rocks on which the ship of state is in danger of being wrecked. He shows how the jlast assessment of land was increased and wis es than four-fold over all other a9 sessments and how there was then added a general average of about 30 percent.” ~ PREMIER NETTI AND ASSOCIATES WIN EASY FIGHT Rome, Nov. 18—Francesco Netti, the premier, and the other candidates on he list beds polenta ot Sunday for mou: ly in the election jay: for seats in the chamber of dej tiputies panne