The Bismarck Tribune Newspaper, November 20, 1919, Page 1

i THE WEATHER Generally Fair. ee rr, LAST EDITION THIRTY-NINTH YEAR, \ D BISMARCK, NORTH DAKOTA THURSDAY, NOV. 20, 1919 HE BISMARCK TRIBUNE PEA GENERAL FRASER PASSES BUCK TO GOVERNOR FRAZIER; EXECUTIVE IS OUT OF TOWN ON A POLITICAL TRIP Adjutant Advisés That Question of Carrying Out Order of District Court or of Appealing to Supreme Court Has Been Put Up to Commander-in-Chief, Who Is Campaigning For Peterson in Towner County and Has Not Been Notified MAY APPLY FOR ORDER William Lemke, vice president of the league, and Governor Frazier’s chief legal adviser, was very busy at the capitol to- day, and reports were current there that he would make appli- cation to the supreme court during the afternoon for a writ of prohibition preventing Judge Nuessle from enforcing his order directing Adjutant General Fraser and Cant. ‘L. R. Baird to return the Washburn lignite properties at Wilton to their owners before 2 o’clock Monday afternoon. Today’s Courier-News sets aside Judge Nuessle’s decision, and inti- mates that he will be prevented’ from enforcing his: orders. No formal application had been made to the supreme court up to press time. WILL NOT “ARREST” NUESSLE “Rather than place Judge Nuessle under arrest for at- tempting ‘to interfere with the operation of the coal mines in violation of the governor’s proclamation, we will appeal to the civil authorities of the state to prevent him, from laying him- self open to incarceration,” the Courier-News quotes a league attorney as saying. Meanwhile, says the Courier-News, “Judge Nuessle’s order will not affect the operation of the coal mines by the state.” ,. “I have referred the matter to the governor and will abide by his decision,” said General Angus Fraser this morning, comment- ing on the order of district court commanding him to return to the Washburn Lignite Co. its coal mines at Wilton which the ad- jutant general seized a week ago today under the governor’s pro- clamation of martial law. “My personal attorney has returned to Fargo,” said General Fraser, “and further action in this matter, if any, will be taken by thé state. appeal or not.” I do not know. whether the governor intends to The tenor of General Fraser’s informal statements were that he was through. Governor Frazier left yesterday morning for Towner county, and his office advised at noon today that the gov- ernor had not been officially advised of Judge Nuessle’s order and that so farias known here the governor had made no statement as to his intentions in the matter. . The opinion about the capitol seems to be that the governor, will either abide by the court’s order and direct General Fraser to restore the Washburn Lignite Co,’s properties before 2 o’clock next Monday, or that he will appeal to the supreme court. It seems probable that the latter course transcript: ofthe district: court been ordered. ‘The return of the Dakota Coal Mine Co. property to it by the state was in- dicated today by officials of the Norta. Dakota Coal administration as a re- sult of the-suit instituted in the fer- eral courts here yesterday. The federal court issued a tempor- ary injunction ‘yesterday restraining the state from attempting to operate the plaintiff company’s property pend- ing the hearing on making such order permanent the hearing to be held in Fargo on November 24. OFFICIALS ARE QUOTED. “Officials of the state coal adininis- tration learning that Judge Amidon has issued an order restraining them from operating the mines of the Di- kota Coal Co. declared that if the facts alleged by the operators rae true it would be necessary for the company to. apply to the court for an order restor- ing the property,” s a Fargo news- paper which is recognized as the of- ficial spokésman for the administra tion. “They indicated that the govern proclamation taking over the mine ex cepted all those enumerated in the proclamation which were operating at the time, Altho not fully informed of the nature of the action brought in the federal court, Adjutant General Fra- ser Said it was his opinion that the state would restore the mines to its owners upon proof that it was operat- Ang on the date the governor’s procla- mation was issued. ORDER ASSURED BY STATE The Dakota Coal Co. files in the fed- eral court displayed: telegrams receiy- ed from Adjutant General. Fraser or- dering it to sell all coal mined in the name of the state and prohibiting the company from using the proteeds ex cept for certain stated reasons thes including only current expenses. ual physical possession of the proper ty had not been assumed by the. state according to the showing made in tho federal court MINOT MINERS UNMOLESTED Minot, N. D., Noy. 20,—It was an- nounced here today that state officials who recently seized the lignite mines at Wilton have not taken over the mines in the Burlington district and that court orders issued this week at Fargo and Bismarck will not be effe.- tive in the Burlington district so long as the mines are not taken from pri yate control. P It is reported however that miners who return. to work in ‘the Burlington district thought | the state had seized these pro- perties. Operators declare there his not been any demand for transfer for the mines since Governor Frazier is- Sued his order so far a8 can be ascer- tained here only the mines at. Wilton, formally seized by the state are af- fected by the court’s orders issued at Bismarck and Fargo respectively 0. dering the state to return the seize] mines to their owners and to show cause why an injunction against state operation should not be issued. ‘The Minot district is one of the most im- portant mining sections in the state, The grape vine which belonged to the kings in France still exists at Fontainbleau, France, and bears fruit. ‘Act-|" will be followed, as a complete ‘proceedings’ in’the matter has LEWIS REJECTS INCREASED WAGE OFFERED MINERS President of Mine Workers Says 15 Cents Per Ton More Is Too Little Washington, Noy. 20.— An increase in wages of fifteen cents 2 ton and twenty percent over the e¢ ing day scale to become effective immediately upon bituminous coal miner’s return to work Was offered by the operators at the meeting today of the wage scale committee in the central competitive bituminous field. In ahnouncing the offer Thomas T. Brewster, chairman of the operator~’ wage scale committee, said the oper:- tors had proposed that existing work ing conditions be continued and that the contracts be operative until March 31, 1922. i) . John T,. Lewis, acting president of the United Mine Workers of Americu. declared the increase as totally inade- quate, adding that the miners had no* assumed the offer had been made seri- ously. The operators he said had pro- posed increases in the price of miners’ supplies which would absorb all the wage advances, CONFERENCE IN COLORADO Denver, Colo., Noy. 20.—The indus- trial commission of €olorado today moved to ston the new strike of Col- orado coal miners scheduled for tomor- row when it invited representatives of miners and operators to confer here late today. Both sides have accepte'l. HARDING CALLS GOVERNORS Des Moines, Ia., Nov. 20.—Governor Harding prepared messages today *o governors of other coal producing states suggesting a conference at which the question of concerted action toward a resumption of mining under state control be discussed. UNCLE SAM FINALLY MAKES NET PROFIT FROM HIS RAILWAYS Washington, Nov. 20.—Net profits derived by the government from operation of the railroads in Septem- ber were $3,391,419 according to final figures for the month made public to- day by the railroad administration. The net operating income was $77,- 744,395 while the government guar- anty aggregated $74,352,978. The State of Wyoming is receiving in oil royalties more than. $1,000,000 a year, and this is increasing to such an extent that it is said the state will be able to do without taxes in three years. REVOLUTIONARY FORCES BEATEN AT VLADIVOSTOK Vladivostock ‘Tuesday, No, 18—Rev- olutionary forces which for the past two days have attempted to obtain con- trol of this city were completely de- feated by government troops today in a battle which was commenced before dawn. General Gaida the revolution- ary leader was Wounded and captured and his followers were driven from every point of yantage by government troops. MUCH IMPORTANT LEGISLATION « UP TO NEW SESSION Many Matters of Great) Concern Aside From Treaty to Be Considered LITTLE DONE SINCE MAY Washington, Noy. 20.—While consid eration of the treaty of Versailles w: the outstanding event of the fi sion of the first in six years have controlled both branches consid- erable important legislation was con pleted and many other measures pr pared for disposal when the regul meeting begins December 1. The session closing today was an ex. traordinary one convened May 19 un- der a call cabled from Pa by Presi- dent Wilsoy to consider primarily the appropriation bills which failed at the session ending last March . LITTLE, LEGISLATION The German treaty so engrossed the senate attention that it shut off con- sideration of much, legislation, Sen- ate discussion of the treaty began May 23 but the document itself was not submitted by President Wilson until July 10. Deliberations on the treaty evoke] one of the most bitter and prolonged contests between congress and tue president in American history with the controversy centered largely about the teagte of nations conyenant. JOHNSON WILL VISIT DAKOTA NEXT JANUARY Wires Simon J. Nagel of Morton County Thanks For His Invitation Senator Hiram W. Johnson of Ca- lifornia plans to visit North Dakota on a speaking tour in January, reply- ing to an invitation from Simon J. Nagel of Morton county, former mem- ber of the state board of control and representing a statewidé committee of independent farmers, Senator Jolinson wired yesterday as follows: “T appreciate beyond expression your kind invitation to speak in North Dakota. This will probably be im- possible during the remaining few weeks of this year. It is my hope, however, in the early part of next year to come to your great state.” North Dakota farmers generally were cool toward president Wilson’s argument’s for the peace treaty when he visited Bismarck early in the fall. They are now said to be anxious to hear what Senator Johnson has against the treaty. Minot and other North Dakota towns have invited Sen- ator Johnson to address them, and it is believed he will make a number of speeches in North Dakota. FRITZ KREISLER CANCELS CONCERT YANKS PROTESTED Louisville, Ky., Noy. 2.—At the suggestion of Mayor George W. Smith, Fritz Kreisler, Austrian violinist, cancelled his contract for an appearance at one of the lead- ing opera houses here tonight. ——— Today’s Weather | , For twenty-four noon, November 20. Temperature at 7 a. m.. Temperature at noon. Highest yesterday . Lowest yesterday .. Lowest last night Precipitation Highest wind velocity Forecast For (North Dakota: Fair tonight and Friday; colder tonight and in the east portion Friday. Lowest Temperatures hours ending at Williston 1 26 St. Paul . - 30 Winnipeg . a) Heleha - 36 Chicago ...... - B2 Swift Current . 82 Kansas City .. 55s . 44 ORRIS W. ROBERTS, Meteorologist. One-fifth of all peasant cottages in Russia burn down annually, due. to the fact that Russian villages are built principally of wood and roofed [with straw. | posses: ORDERS SERVED FROM FEDERAL DISTRICT COURT Fraser and Home Guardsmen Directed to Keep Hands Off Tasker Mines NOT. YET IN POSSESSION Case Brought Before Judge Amidon Differs From That Decided Here Orders were served on Adjutant General G. Angus Fraser, J. W. Deemy, state director of mines, and Capt, S. J. Boyd and Sergeants W. L. Sherwin and Allensworth of the state home guard this morning to show cause before the federal court at: its chambers in Fargo on November v4 why there should not issue an order permanently restraining the defend- ants from tlie execution of certain al- leged threats of interference with the ion, occupancy and control of the property of the Dakota Coal Co, and the McClure Coal Co., lessor and ssee of a mining property at Tasker. Until the date of hearing the de- fendants named, as state officials and as individuals, are restrained from taking possession of the plaintiff's property, On tne other hand the plain. tiffs are ordered to keep a record of the coal’ mined and the sales thereof, and to deposit all moneys received as: the proceeds of such coal in a separate ac- count in a bank in this state of good repute, and they shall use no part of said funds except the amount neces- sary to pay the actual cost of mining and selling such coal, Application was made to Judge Ami- don yesterday by Pierce, Tenneson & Cupler of Fa attorneys for the Da- kota Coal Co. and the McClure Coal Co. The plaintiffs represent that the property of the lessor is yalued at $75, 000, and that the lessee has udde thereto $40,000 worth of improve- ments. ‘The situation in this case is differ- ent from that which exists with re- -+gard to-the- Washburn Tgnite ComThe Washburn company in the district court for Burleigh county yesterday obtained an order directing the adju- tant general and his servants to return property unlawfully seized by them at Wilton. At Tasker the state militia- men are not yet in control of the pro- perties, and the action is brought to prevent them from securing such con- trol. HEALTH CENTER AND NURSE ARE RED CROSS PLAN Executive Committee of County Organization Approves Both Proposals The executive, committee of the Bur- leigh county chapter of the Red Cro: at a meeting this morning approved the committee report providing for a county nurse to yisit homes all over the county, instruct in the care of sick, home hygiene and other fundamentals of good health. In all probability the nurse will be named by January 1. The committee also approved the plan for a community health center where all of the various health organizations in the county would be combined and the people in this vicinity could obtain reliable information on health matters, ‘The ultimate result of this health center plan, it is understood, will bz the establishment of an office probably in one of the loca] hospitals where fer- sons can secure jnformation and as sistance in the prevention of diseases. Included in the subjects on which in formation will be furnished free wiil be home hygiene, feeding and caer of infants and children, children’s dis- eases, how to avoid Influenza and oth- er contagious uisease and similar top- cs. TO BE EDUCATIONAL “The plan of the Burleigh county chapter of the Red Cross is not to take over this work, but rather to assist the authorities in controlling all healtn work,” ‘said Dr. Smyth, vice president of the Red Cross and member of the executive committeee. “Our. work will he mainly educational and not cura- tive.” Miss Agnes Orr was named secr- etary and treasurer, of the Burleigh county junior Red Cross, an organiza- tion of school children all over the country. The teachers of the schools both in'the city and county have sigm- fied their intention of co-operating in enrolling the school children and they have been very successful in) this work. Miss Orr expects to make the junior organization very influential in bringing the message of good health into the homes of the children’s par- ents. | The ‘members of the executive com- mittee who attended the meeting today are Rev. George H. Bpzzlle, pres!- dent. of the chapter; Dr. Smyth, vice president; George D. Mann, H. P. God. dard, Mrs. T, H. Poole, secretary. STEAMER 350 MILES AT SEA SENDS S. 0. S. New York, Noy, 20.—"S. O. 8.” calis were received here by the coust guard office today from the steamship Roman bound from New York for Marseilles. Her_ position was given as about 850 miles east of Sandy Hook, N The Roman left New York for Mar- seilles November 17 with a generai cargo, She is owned by the United States shipping board and registers 1.- 875 tons. SITUATIONS IN OTHER STATES NOT PARALLEL General Miller Says Kansas and Ohio Governors Pro- ceeded Legally FRAZIER JUST GRABBED The situations in Kansas and in Ohio, where the governors have taken over the coal mines under a receiver- ship, it not analogous with that in North Dakota, argued former Attor- ney General Andrew Miller in dis- trict court yesterday, pleading for an order directing the return of the Washburn Lignite properties at Wil- ton to their rightful owners. “In Kansas and Ohio, because of the non-operation of the mines,” said Gen- eral Miller, “the governor has de- clared them bankrupt and has placed a receiver in charge. This receiver will protect the interests of the mine-own- ers as well as the state. He will operate them for the mine-owners as well as for the miners and for the publicy and will assure the owners of this property reasonable compensa- tion. “No governor of the state of Kan- sas or of Ohio or of any other state has ever dreamed that he as a mile tary dictator could suspend the laws, suppress the courts and conscript the people of their state to operate the coal mines. There the governors recognized that law existed. They proceeded legally through the courts to have a receiver appointed, and the mines reopened, thus protecting the rights of private property as well as those of the ‘public. Private Rights Protected. “Their action leaves the right of private property where it belongs, in the judicial arm of the state govern- ment, which will operate these prop- erties, for a just compensation. You must always bear in mind that the civil authority is supreme, and it is only when physical force is intervene. between the orders of the court and thd laws of the state and the execu- tion of such orders and laws that mili- itary force can be called upon. “But Governor Frazier has not re- sorted to legal action through the ‘judicial arm of the government. He has gone in and grabbed these mines with no more authority than I possess myself, and, I believe, with far great- ‘er danger to the state and its people.” WILSON CALLING BOARD TO MEET Asks Conference Upon Country’s Growing Pains For De- cember 1 Washington, Nov 2 Wilson today appointed a new indus trial conference and called it into ses- sion here December 1. The conference will be comppsed of seventeen men including government officials, business men and former members of the cabinet and former governors of states and it will carry on the work undertaken by the national industrial conference which foundered of collec ive bargaining. Frazier Denied ’ Accommodations; to Take Hotels? Devils Lake, N. D., Nov. 20 —Arriving’ here last night | en route to Towner county, where he is to take part in the senatorial campaign, | Governor Frazier could ob- | tain no accommodations at the Great Northern hotel, the | leading hostelry of the city. | It is’ not known where the chief executive spent the night. It was rumored when the governor left here this morn- | ing that he was in doubt as | to whether he would declare martial law on the Great Northern hotel or upon the railway company which op- erates it. It was thought that one or the other would be seized before night under the emergency created by the | governor’s failure to secure a room. +} war-time ration basis, and annullment E PACT REJECTED FATE OF TREATY WITH GERMANY IS AGAIN IN HANDS OF PRESIDENT AND SIX MONTHS’ WORK IS CLEAR WASTE Failure Yesterday and Last Night of All Efforts to Have Document Ratified in Some Form Leave: ginning of the Special Sessi s Situation Where It Was at Be- ion Last Spring—Congress May Formally Declare War With Teutons at an End Washington, Nov. 20.—The fate of the treaty of peace with Germany and the league of nations so far as the United States is concerned today again is in the hands of President Wilson. Fail- ure yesterday and last night of all efforts to have the treaty rat- ified in some form by the senate brought the situation just where it was six months ago when the pact was submitted. The next move is up to the President and today there was no intimation what course he would pursue. Opinion as to what may be expected when congress re-convenes December 1 is divided. Senator Lodge declared the failure of ratification last night killed the pact unless President Wilson “circumvented the senate rule” by withdrawing it and then submitting it at the new session next month. CONSTITUTIONAL STATUS OF DRY ACT UP TODAY United States Supreme Court Considering Question On Three Appeals EARLY OPINION EXPECTED Washington, Noy, 20.—Argument on the constitutionality of the war time prohibition act was the order of busi- ness today in the supreme court. The case reached the court on three appeals from federal court ruling one from Kentucky holding the act invalid and two from New York deciding it valid. An early opfiion by the court is ex- pected in view of the short time before the constitutional prohibition amend- ment becomes effective, The case ordi- narily would not have come up for at least a year but.the goyernment asks that the hearing he" advice: is REGIONAL RAIL DIRECTORS ARE HANDLING COAL Full Control Over Distribution of Fuel Placed In Their Hands Chicago, Il.. Noy. 20.—Regional di- rectors of railroads today had a free hand in dealing with curtailment of; non-essential industries and unneces- sary passenger traffic, and extraordi- nary efforts to conserve and distribute the nation’s steadily dwindling coal supply were being made, Under that authori nted here yesterday by Walker Hines, federal director ger- eral of r roads after a two day s. the entire region east of the Mis- sissippi and south of the Ohio river ex cept for a small area in the Pocohonta: district te had been placed on # te pte United Ss May Declare War at End Should the President fail to resubmit the pact promptly when congress reassembles, it is believed the republican leaders would without delay take up Senator Lodge’s resolution intro- duced last night after the treaty had failed of ratification propos- ing that congress declare war with Germany at an end. The resolution would require concur- rence by the house. Decision of the senate last night to lay aside the treaty came after two attempts to rati- fy it with the foreign relations committee reservations attached and one attempt to adopt it with- out reservations of any sort had all failed. The first vote on the treaty with reservations at- tached showed 39 for and 55 against. The second showed 41 for and 51 against. The vote on straight ratification recorded only 38 for and 58 against. NO TECHNICAL CHANGE Altho not changing technically the ing status of. relations between ates “ind Germany” the, senate’s failure to ratify the peace treaty .is expected by administration offic and diplomats to have an in- direct result of some importance on the steps now being taken to restor2 the world to a peace basis. One of the first consequences accord- ing to the view taken here is likely to he the hastening of the negotiations in Paris including prolmulgation of the process verbal which will restore fu'l commercial and diplomatic relations between Germany and the powers which have ratified the treaty. Paris dispatches have said this. step was waiting for one thing on the action of the scnate but it is thought there will be no further delay now for that rea- |son, The new congress will meet on De- cember 1 but rot even the most ardent supporters of the treatly believe it would be possible to take it up again at the outset of the session. The Christmas ress was expected to inter- vene before much could be accomplish- cd with the result that a clear field for treaty consideration would not be op- ened before January at the earliest. UNITED STATES OUTSIDE Once the other great powers have gone ahead with their establishment of full trade and diplomatic relations with Germany officials say new ar- rangements will have to be made by the United States to fit into the com- © of trains in addition to the 240 alreadv|mercial scheme thus created whatever taken was under consideration, BIG INSURANCE COMPANY, BARRED Ocean Kicked Out For Not Pro- tecting Fargo Bank Because the Ocean Accident and Guaranty Insurance Co. of London, Eng., withdrew the burglary insurance from the Scandinavian-American bank of Fargo, when the state banking board closed the doors of that insti- tution upon a report from deputy state examiners declaring it “hope- lessly insolvent,” S. A. Olsness, com- missioner of insurance, has revoked | the license of that company to do bus- } iness in North Dakota. | Complaint against the insurance company was brought by O. E. Lof- thus. state examiner, who was placed in charge of the Fargo bank after tht institution was restored by the supreme court to the Townley faction of the league state government. Ex- aminer Lofthus reopened the doors of } the bank within fourteen hours after the supreme court by a three to two decision declared the bank,solvent and the action of the banking board un- warranted and illegal. : At the hearing before Commission- er Olsness, Lofthus testified that at the time the policy was cancelled | there was over $200,000 in cash and $48,000 in Liberty bonds in the vaults of the Fargo bank. In defense the in- surance company is alleged to have charged that its Fargo representative acted in this matter without its knowl- edge or consent. piece a Stat AY Massive horns, 46 inches long and 15 inches around the base, and in the shape of a lyre, are the peculiar pos- sessions of the gala ox, or sunga, of East Africa and Abyssinia. trade the United States has with the central powers. At present the war arrangements by which Spain is taking care of Ameri- can interests in Germany continues in force and that is not expected to be disturbed. The rationing of supplies of various sorts to Germany must begin under the treaty terms however and the pow- erful reparation commission will be set up to determine all the details of Germany’s commercial | intercourse with other nations. On this commission the United States will have no representation tho it is hoped to work out a plan by whicn this country can keep in closer touch with the body’s work in order to pro- tect American inte 5 WILSO: AYS NOTHING President son will have no state ment to make on the failure of the senate to ratify the treaty of Versailles it was said today at the White House. Senator Hitchcock of Nebraska the adminstration leader and Underwooa of Alabama called at the White Hous? during the morning but they did not see Secretary Tumulty who was with the president on the south lawn, They took a philosophical view of the actioa of the senate. “Democratic leadership played its cards to the limit and for all they were worth and Jost—that’s all,” said Sen- ator Underwood. “As long as the treaty is not dead there is something to be joyful about,” said Senator Hitchcock. SNOW DRIFTS FOUR FEET HIGH BLOCK BERLIN’S STREETS Berlin, Wednesday, Nov. 19.—Four- foot snow drifts blocked the streets of the capital. It will cost more than 2,- 000,000 marks to clear the streets.