The Bismarck Tribune Newspaper, November 19, 1919, Page 1

| — \ THE WEATHER» Generally Fair. HE BISMAROK TRIBUNE ==! THIRTY. ‘NINTH YEAR, BISMARCK, NORTH DAKOTA “WEDNESDAY, NOV. 19, 1919 PRICE FIVE CENTS COURT ORDERS MINES RESTORED TO OWNERS NONESSENTIALS SHUT OFF FROM COAL SUPPLIES H. Groverman Announces That Fuel Situation War- rants New Action Ww. ADMINISTRATORS CONTROL Question as to Distribution and “Essential” Consumers Left to Them Duluth, Minn., Nov, 19,— All sup- plies of bituminous coal from the docks at the head of the lake to in dustries in Duluth and’ Superior and at points over the norwest regarded as nonessential were cut off under an order issued this forenoon by BE, D Brigham, chairman and W. H. Grov- erman, United States fuel adminstra- tors. Authority to ship coal to any manu- facturing plant or industry must be obtained from Mr. Groverman and Mr Brigham. The question as to the es sential plants is left largely to the dis- cretion of the fuel administrators, The prefered list in that respect includes newspaper offices and factories en- gaged on essential products including clothing and certain food stuffs. SITUATION MORE SERIOUS Mr. Groverman asserted that the fuel situation had grown much more serlous than had been looked for in so short a time and that in line with or- ders received from R. H. Aishton reg- ional director of railroads for the northwest had been decided to exer- cise the closest supervision over the movement of soft coal from now on, 1t will be the aim however to cause as little disarrangement as possible to industries hut all must be prepared to put up with strict regulation of their fuel supplies he declared. NORTH DAKOTA’S 1949 HAIL LOSS WAS $3,448,770 Amount Paid From State De- partment 100 Times as Great as Last Year 12,848 CLAIMS APPROVED Hail losses which the state insur- ance department began paying today aggregate $3,418,770, and a few scatter- ing claims are yet being received. The losses tabulated to date represent 12,848 claims, advises T. J. Sheahan, deputy state hail commissioner. The hail department does not actu- ally pay these losses, but certifies them to the state auditor, who draws warrants on the state insurance fund. These warants will be dated December 2. and will be a six percent interest from date, Mr. Sheahan estimates that to meet all the demands made upon his depart- ment there must be assessed a hail tax of 25 cents per acre upon 12,467,125 acres listed with the insurance com- missioner. This is cropped land which was not withdrawn by its owners prior to June 15, when the right to exercise this option expired. A flat tax of three cents per acre assessed against all arable lands has yieided the department $804,493 from 52 coun- ties, The amount available from Mountrail has not been determined, as the department fels that the return made by the auditor of 50,725 acres of arable lands is too high. The amount which the state hail in- surance department will collect and pay out this year is almost 100 times aS much as handled under the old act. The former statute, amended by the Jast session of the legislature under constitutional authority approved by the electors‘in the 1918 election, made insurance with the state wholly. volun- tary. A very small number of farm- ers insured under this act, As amend- ed, no owner of arable lands’ can evade payment of a flat tax of three cents an acre. Farmers had until June 15'to withdraw from the act. Those wha remained “under” - are ‘able to an assessment which the Leg- islature has limited to of 50 cents per acre. Deputy Sheahan’ believes half of that dmount will be sufficient this year, The insurance department may back movemnt in the special session for a further limiting of the volun at features of the present act, wil wiew to making state hail insurance more general. It is estimated that from 8,000,000 to 10,000,000 acres of eroped lands were Nitnaraya Jast spring. VISITING BARTON & BECK George H. Musson, prominent attor- ney at Steele and L. M. Snow of Minot were business callers on Barton & Beck, state agents for.the Provident Insurance Co. of this city. ' Minneapolis—The three prominent figures in the organization of the Am- erican Legion are Col. H. D. Lindsley PUBLIC T0 COME FIRST GARFIELD | NOTIFIES MINERS Declares Country Must Have Coal and Will Have It Regardless SPEAKING FOR WILSON Furnishes Conference With Data as to Advances That Can Be Borne Washington, Noy. 19, — Speaking with authority ‘of President Wilson's cabinet, Fuél Administrator fielil told representatives of the bituminous coal operators and miners here today that “the people of the United States need, must have and will have : and as long as the government s s they will not be prevented from get- ting it by “anything the operators or miners may do.” Dr, Garfield explained that his pur- pose was to furnish ‘the conference with the data which he would use in determining , what wage advances any agreed ‘to by the operator: miners could be borne properly public. WFADDEN TURNS DOWN JOB WITH DAKOTA'S BANK Secretary of Bankers’ Associa- tion Not a Candidate For Statistician Nov. 19.—W. © McFadden, secretary of the North Dakota Bankers: association, in a letter addressed to the bankers of the state advised today that he is not an aspirant for appoint- ment to position in the Bank-of North Dakota, Recentiy F. W. Cathro. director general of the Bank of North Da- kota, conducted a referendum vote of the bankers asking their opinion on the appeintment of Mr. McFadden as a director of statistics of the state bank, he to retain the secretaryship of the: as- sociation also. McFadden says in hig letter today that he believes the plan is not feasible. Fargo, N. D. f Today’s Weather | For. twenty-four hours ending at noon, November 19. Temperature at 7 a. m.. - Temperature ,at noon. Highest yesterday . Lowest yesterday Lowest last night. Precipitation ... Highest wind velocity... ORRIS ROBERTS, | Meteorologist. | GIVING LEGION START jthe belated Indian summer got on the ‘HASTINGS AND .|Hastings, organizers of the Bankers’ @|Fargo, and it is understood to be in /|to recently maintained its capital at Forecast For North Dakota: Generally fair tonight and Thursday; warmer to-| ajnight; colder Thursday afternoon or night. Lowest Temperature. Fargo ... 16 Williston 23 St, Paul . « 24 Winnipeg ab Helena . 2 Chicago 28 Swift Current + 32 Kansas City ... 36 (left), Col, Theodore Roosevelt (mid die) and Gaspar G, Bacon, treasurer of the temporary executive committee. CAHILL SAYS WARM WEATHER IS BOON TO SLOPE CATTLE Senator J, I. Cahill of Leith, in the city yesterday, reports that the balmy weather of the last three days which has cleared the slopes of snow has been at boon to the cattle country. With two, feet of snow on the level, cattlemen were forced to begin feed- ing in October fully two months ahead of time. Stocks. of nd feed eral short to begin with, and things were beginning to look very dubious when job. Senator Cahill advises that the ranges: lear, and that there is excellent grazing for live- stock. BOX IN ANOTHER BANK VENTURE Well Known Townley Financiers Have Organized Bankers’ Investment Trust Thomas Allan Box and John J. Investment trust at Fargo, called on league officials at the capitol Tues- day. Box was formerly Townley’s principal financial agent, and he acted for him in the organi: ber of league enterprises. Townley are said to have been at outs following the investigation of the re- organ tion of a league bank at Val- ley City, in which Box was quoted by Cashier H. C, Aamoth of the Ameri- can national bank of Valley City as saying ‘thai, Box did “not think the profits in this transaction excessive, because they had to be split four ways. Box, Aamoth said, told him that Townley and Lemke were in on the split. Both Townley and Lemke have declared this assertion false, and they have brought suits for libel damages agzregating several million dollars against newspapers which printed Aamoth’s testimony before the state banking board. 4 Hastings was formerly president of the Consumers’ United Stores Co., later president of the Scandinavian- American bank, and still later, with Box, associated in the organization of a chdin of league banks affiliated with the Scaiidinavian-American bank. It is said that he and Townley have not been friendly since Hastings’ testimony before’ the banking board here in the Valley City bank matter. Box and Hastings, according to re- cent reports, have been engaged in banking operations in the Red River valley. Townley some time-ago in a signed statement disclaimed any con- nection with this new enterprise. The new Box-Hastings company is known as the Bankers’ Investment Trust of connection with the incorporation of this concern that Box, Hastings and their legal cowmsel, Judge Donahue, called upon State Examiner Lofthus, at the secretary of state’s office and other state departments. ASSASSINATION OF KOLCHAK IS FLAT FAILURE London, Noy. = ‘An attempt to assassinate Admiral Kolchak head of the all-Russian government which up Omsk is reported in a wireless dis- patch received here from Moscow. Hand grenades were thrown at him. Six soldiers were killed and twelve wounded. The capture of Kursk south of Orel is reported in the dispatch. eee TARAS The United States navy has 2500 carrier pigeons, many of which are used for forest patrol. WILSON ADVISES HIS FOLLOWERS TO REJECT PACT President Urges Administration Senators to Defeat G. 0. P. Reservations WOULD NULLIFY TREATY Chief Executive Does Not Be- lieve Emaciated Document Is Acceptable Washington, Nov. 19.—A letter from President Wilson advising adminstra- tion senators to vote against ratifiea- tion of the treaty with the foreign re- lation committee's reservations . was laid before a conference of the admin- istration forces today by Democratiz Leader Hitehcock. The committe program the presjdent wrote would provide not for ratifica- tion “but rather for the nullification of the treaty.” The conference had been called to decide upon the final administraticn tae in the fight for ratificatioa which is expected to come to an end today or tomorrow. After the presi- dent's letter was read there were in- dications that unless a compromise could be affected the administration senators would line up solidly against ratification. JOHNSON ASKED T0 SPEAK HERE TON.D. FARMERS Simon J. Nagel of Morton County Mails Invitation to Republican Leader : CITY SECONDS HIS BID An invitation to Senator Hiram w. Johnson of Califor Dakota and to discuss to Washington last nikht by Simon J Nagel of Morton county, chairman 0 a committee formed at a state-wide conference of farmers “Owing to the confusion which ex- ists in the minds of the average citi- zeus of this state to the great world wide political issues which. now con- front us, and having great confidence in the correctness of your views and in your honesty and integrity in present- ing them, I am instructed by a. state-!* wide conference of North Dakota farmers greatly interested in inde- pendent political thought and action to extend to you an earnest invitation to visit state and address our people. We can assure you of im- mense audiences at town or towns in the state at which it might: suit your convenience to v INVITATION Mr. Nagel’s invitation y Seconded by one from George N. Kenniston. tary of the Bismarck Commercial advising that the president re- ‘DED. s club, cently spoke'in this city, and that “wel, are ambitious to have his greatest living opponent present the same ques- tion from the same platform.” Secre- tray Kent!ston extends to Senator Johnson an earnest invitation to come here immediately after the senate takes final action on the treaty, anl he promises to pack the city with people from all parts of the state, and to give Senator Johnson a “rousing western welcome.” Mayor A. W. Lucas of Bismarck “most earnestly seconds” the invita- tion extended by the Commercial club, assures Senator Johnson of a hearty welcome, regardless of political fac- tion, and promises to “leave no stone unturned to secure you an) immense audience if you comé to Bismarck.” Senator Johnson appears to be gen- erally popular in North Dakota, Sev- eral towns, hearing that he plans to visit this state, are seeking addresses from him. It is understood that if President Wilson pockets the treaty. as he has threatened, to do if the senate mistreats it, Johnson on his western tour will open up his biggest seige batteries on that document. YUDENITCH TROOPS DESERT, SAY REDS Finland Monday, via London, Nov. 19.—It is reported here tonight that 20,000 troops of. General Yudenitch’s northwestern army have gone over to the Bolsheviki, INJUNCTION AGAINST DRY ACT IS HELD UP Boston, Noy. 19—The United States circuit court of appeals today issued an order staying execution of the pre- liminary injun¢tion granted by Judge Arthur L, Brown restraining federal officials in ‘Rhode’ Isfand from enforc- ing the Volstead prohibition act. Helsinfors —+ pe aah Pe DARK BROWN TASTE FATAL | TO TWO MEN International ‘Falls, Minn., Nov. 19.—Peter Engquist, 50, and John Larson, 30, both of Duluth, with three others of an ice cutting crew, while rummaging around a dilap- | idated shack yesterday found | a bottle containing a dark brownish fluid. The two men | took large drafts from the | bottle’s contents, presuming it was whiskey, and shortly | afterward were in great agony. Five hours later | both were dead. | | | | Part of the contents of the bottle has been sent to Min- neapolis for analysis, GREAT BRITAIN AND FRANCE IN PEACE QUANDARY Consider Whether They Are Not Bound to Carry Out Treaty Regardless | OPPOSES RESERVATIONS |John Bull Not Expected to Ac- ‘cept Amendments Pro- posed By Senators London, Nov. 19.—Great Britain and France are considering whether they are not compelled to carry out the German peac uty and operate the league of nations independently of the United States pending the decision of the American government on_ its course, It is pointed out, that matters are continually arising under the treaty which need immediate atention such as the plebiscite commissions and it is considered that because of thi is no longer pc le to delay ma the pact operative. The opinion strongly pre that Great Britain will not a reservation made by the States senate which would ne the negotiation of a new tre: as the British government it is declared has every present intention of abiding by the decision of the Paris conference. The belief still exists in this capital that the American government will ultimately take its place with the al lies. Meanwhile there appears to be a y that Great Britain and the 1 proceed without the United ils here U, §, TROOPS AND CITIZENS’ POSSE} SEEKING BANDIT Passengers On Union Pacific Train: Held Up Near Medicine Bow Cheyenne, Wyo., Noy. 19.—Seven posses and a troop of cavalry from Fort D, A. Russell today were search- ing the hills and brush land in a wide area around Medicine Bow for William Carlisle train bandit who last night robbed passengers on Union Pacific train No, '19, the Los Angeles limited, of $250 and escaped into the darkness wounded in a shower of bullets. Carlisle boarded the train at Rock river entered tourist sleeper by smashin a vestibule window, fired one shot thru the roof of the car to terri- fy passengers and forced all but “old men, women, children, soldiers an:1 sailors” to contribute. “I do not rob these,’ he told thé passengers. LEGION MEN STORM OFFICES OF I. W. W. Cincinnati, O., Noy. 19.—Members of the American Legion numbering more than 300 led by their officers descend- ed on socialist headquarters in this city last night and threw hundreds of pounds of radical literature in the streets. A bonfire was started and the| literature burned. No one was in the building when the raid was made, HALLIDAY HOME FROM PAN MOTOR CO. TRIAL of the Bank of North Dakota and for-, mer confidential clerk in the office of ; the state bank examiner, returned last ' night from Chicago, where he testified in the trial of S. C. Pandolfo, presi- dent of the Pan Motor Co., which was admitted. by the blue sky commission, of which the bank examiner is secre- tary, to sell stock in this state. y| defendant, bu Roy M. Halliday, publicity director ' ExT A ADMITS ORDER MAY CAUSE CIVIL WAR; THINKS THAT BETTER THAN DESPOTISM Expressing consciousness that resistance of the judiciary department by the executive might plunge the state into civil war, but declaring that condition preferable to despotism, Judge W. L. Nuessle in district court at 4 this afternoon issued an injunction directing Adiutant General Fraser and Capt. L. R. Baird of the state home guard to restore to the Washburn Lignite Co. not later than 2 o’clock next Monday afternoon the mining property at Wilton seized last Thursday under orders from Governor Frazier. “It seems to me that it amounts on the one hand to confiscation and on the other to involun- tary servitude,” declared the court in reviewing the course which Governor Frazier has followed in the military operation of the mines taken over by the state. “T realize,” said the court “that any mandate this: court may issue, unless the government chooses to recognize it, cannot be carried out with- out civil war. Gentlemen, I do not want that. I will make the order for the return of the property to these plaintiffs at some future date long enough ahead to permit of an appeal to the supreme court, should the defendants elect to appeal. I do not know whether the supreme court will support my views of this situation or those of Mr. Rich- ardson. Ido not believe, however, that the gover- nor will resist an order of the supreme court.” ISSUES ORDER FROM BENCH Judge Nuessle dictated his order from the bench. He declared it a matter of great consequence, not only to the plaintiff and the probably of greater consequence to the people of North Dakota, and one which should be determined immediately. He discussed the powers inherent in the people as delegated to the three principal, co-ordinated departments of government, de- claring that people had learned through ages of misgovernment to so divide the powers of government as a means of escaping tyranny and to forstal the usurpation of despotic power by any individual or collection of individuals. The court declared that he had hesitated to issue an order to show cause in this matter because the petition was a direct attack upon a co-ordinated department of the government. To carry out the mandates of the judicial arm against the executive de- partment, said the court, special executive agents would be re- quired, and if the executive department should resist the orders of the judicial department and the judicial department be forced to appoint such special agents, the only possible outcome would be civil war. But are we, asked the court, to permit the executive to.go ahead and usurp the powers of the judicial and legislative departments ; to make laws, to construe them and to decree hov they shall be enforced? “THAT,” said Judge Nuessle, “WOULD BE DESPOTISM.” “Embarrassing as the situation is,” the court continued. “I must hold that in this case a temporary injunction be issued; that the defendants be restrained from further interfering with the property of the- plaintiffs, and that the defendants, and both of them, be commanded to restore to the plaintiffs their property.” MAY ENJOIN GOVERNOR FRAZIER Fargo, N. D., Nov. 19.—On relation of the McClure Coal Co., a Minnesota cornoration, and the Dakota Coal Co., Judge C. F. Amidon of the United States district court this after- noon issued an order returnable November 24, directing Gov- ernor Frazier to show cause why he should not be enjoined from continuing the operation of the complaining companies’ lignite property at Tasker, N. D. A. W. Cupler, Fargo, attorney for the complaining com- panies, announced that additional actions would be filed in state courts at Minot this afternoon, by John Greene, asso- ciated with him in handling the situation for northwestern North Dakota mine owners. That the statutes especially provide protection for officers or men of the state militia while engaged in the official performance of their duties, and that the acts of Adjutant General Fraser and ‘Capt. L. R. Baird as subordinates to Governor Frazier, commander- iin-chief of the military forces of North Dakota, cannot be ques- tioned, was the argument advanced this morning by Seth BE. Rich- ardson, personal attorney for General Fraser, in attacking the jurisdiction of the district court in directing Fraser to show cause why he should not be enjoined from depriving the Washburn Lignite Co. of its mining properties at Wilton. | Richardson quotes section 2359 of the North Dakota compiled laws, which provides that “no member of the militia shall be under any civil or criminal liability while executing the orders of a su- perior officer.” Inf this action, says Richardson, the governor, commander-in- chief of the militia, had not been made a party. He insisted that General Fraser, as a subordinate officer, had no alternative but to obey the orders of his superior, and that he could not be held ‘civilly or criminally liable for any of his acts in the performance : of Such orders. / ABSENCE OF ALL LAW “Martial law is the absence of law—the antithesis of law,” de- clared Andrew Miller, of Miller, (Continued on-Page-Three): Nearly 2000 new kinds of postage ; Stamps have been issued in Europe jSince December 1919, Of these, 1500. are the first stamps of the new Euro- [Resa states.