The Bismarck Tribune Newspaper, December 16, 1919, Page 1

, A. Caley vs, E. L. Gunderson in which ' noon continuing until Thursday after- \ Se NSA pea BOARD OF DIRECTORS TO MEET THE WEATHER Uneettied. THE BISMARCK TRIBUNE === _ BISMARCK, NORTH “DAKOTA, TUESDAY, DEC. 16, 1919 PRICE FIVE CENTS SUPREME COURT DENIES SENATOR CAHILL WRIT COMMANDING KOSITZKY TO PAY BILL LS EEN, se LEAGUE EFFORT TO SEIZE FOOD /ONTROL SHOWN Kansas City, Mo., Dec: 16. —That the Nonpartisan league negotiated with the I. W. W. in 1917 when the lat- ter is alleged to have sought control of food and fuel pro | duction in Kansas and Ok- lahoma was contended by the government today in the trial of the 32 alleged members of | the I. W. W. in’ federal dis- trict court in Kansas City, Kan. The government intro-" ‘duced letters to support its | contention, which were read | to the jury. The letter indi- | | cated, the government con- KOSITZKY ASKS AN OPINION ON EMERGENCY ACT) State Auditor Wants to Know Whether Constitution Covers All Sessions Sonia Peet EFFECTS REFERENDUM ACT), Means Difference Between 7,000 Signatures and 30,000 to Petitions State Auditor Kositzky today made : application to Attorney Qeneral Lan-{| tended, that the Nonpartisan | ger for an opinion as to whether|| league desired to have an | \| understanding with the ag- ricultural workers’ branch of | the I. W. W. for hiring farm i| | labor. This meant, the letter | | | House Bill 60, passed at the special n, and which seeks to give imme- ¢ effect to all acts of this extraor- dinary assembly accomplishes its pur- pose, or Whether Section 67 of the con-|! situation apples to special as well al | read to the jury said, that only those who had “union tion G7, submitted by the Non-|| cards up to date” could work san league and approved at the; Re in the grain fields. that: oe regular sessions, par last regular election provide: “No t of the legislatiy sembly shall take ceffet until July first after the close of the session, unless the leg- islature by a vote of two-thirds of the members present and yoting, in eae house, shall declare it an emergency | measure, which declaration shall ve j set forth in the act; PROVIDED, ho" ever, t granting a franc e or special fp ilege, or act creating any vested ights or interest other; than in the state, shall be declared an! emergency measure, An emergenes | measure shall take effect and be in! Action Seheduled For Next Mon- force from apd after Hs passage and / 2 approval by the governor day Indefinitely Postponed By Anderson None of the admi tion bills in- troduced during the recent spee all session secured the required two-thirds | vote In the house. Toward the clos of the session the committee on dela ed bills in a divided report, which w held to be con ‘y to the rules of the house, recommended for introduction House Bill 60, declaring all acts of -th is | s n to be emergency measures. et- e within ten da House Bill 60 also fell short of the required two- thirds in. the house The issue raised by the stale aude] !dianapolis, Tid, De tor is important jm conncetion with! img on the contempt c the referendum campaign which has] international and distric| heen launched against House Bill 60.) mo Unted Mine Workers and which will be extended to other] 2° cage! against measures passed at this session, The EDL Gthe CASE QEAMAL constitution as amended by the league} Howari, president of the a year ago provides that 7,000 yoiers| trict, were — postpone.| at large may by referendum pet when called in United States dis suspend the operation of any measure! court here today. to appear next Monday, Dec: enacted by the legislature, except an emergency measure. If a referendum! hy Uniced States District Judge A. Anderson. petition is filed against an emergency measure, such measure shall be a law until voted upon by the electors. Any} PRODUCTION NEAR NORMAL. such measure shall be submitted to the Chicago, Dec. 16--—Production of electors at aspecial election. if so or-! bituminous coal today rapidiy © ap dered by the governor, or if the refer-| proached normal. Throughout — the endum petition filed against it s country. reports indicated from $9 he signed by 30,000 electors at. 1. 5 per cent of the miners at wo) such special election shall be called by! In only a few instances w locals, the governor and shall be held not le reported as siill idle w g for a than 100 nor more than 130 days af‘er| further adjustment of wages, the adjournment of the session of the Virtually all restrictions on the use} legislature, Referendum petitions] of fuel had been relaxed toda Severely cold weather, mo: atng, must be filed with the sceretary of state not more than 90 days-after ad-| however, still prevailed over most of journment of the ion at which the] the middle west, southwest and north- measure to be referred was enacted. | west. it can he established under the! In the-middlew shipments of coal stitution that Section 67, defininz| from the ymines today were made on) ‘y measures, does not apply to[ express train schedules. After 9 ns, but only to regular assem-} E e, and that in ial session the leigslature may by ¢ majority vote declare all of its s emergencies, effective immediate- ly than it will be nec to obtain 20,000 signatures to petitic to refer any acts of this special session, and these acts will remain in operation un- til repealed by popular yote. If, on) 5 the other hand, it is held that House | Bill GO is in conflict with the constitu- tion, only 7,000 si required for 5 y ignatures would b?| referendum _ petitions.; whose filing would automatically si pend the operation of these acts until) they can be voted upon. 4 As recently amended, the constitu- PLACED ON TRIAL tion requires a four-fifths decision of| the superme court to declare a legisla-} tive act unconstitutional. Four of the i five members ef the North Dakota su-| Harry New, Charged With the Hai ta perieh: were clecren po the Murder of Sweetheart, Must Defend Himself OLD FEUD AT RAY f SETTLED IN COURT ., Dec. 16.—The case of J. 26. PRODUCTION NOW NORMAL Back at Work in Bitumin- ous Fields Today indeiin trains gave way :to the rush of coal- filled gondolas. Limited embargoes on freight ship- ments on two railroads and the pros- pect of the same action on other lines today also facilitated delivery of the newly iined coal, Los Angeles, Cal., Dec. 16.—Harry New, alleged ‘son of United States Senator Harry S. ‘New of Indiana, went on trial here today for the mur- der of Miss Friedia Lesser, his (fiance. Caley was suing for $10,000 damages! New is alleged to have shot and for personal injury, was closed in the| killed Miss Lesser oh the night: of courts at Williston last Thursday,|July 4 in the Tipango canyon. He with oY jury awarding Caley the sum|drove-in his automobile to the polico of 2, station with: the body of the girl be- Ae ey ‘al started on Tuesday after-| side him and surrendered. New is sald to have confessed he killed tho noon and the jury was out.five hours] young womantin a fit of rage when before bringing in their verdict. she refused to marry him. An au- ‘This now winds up the affair which|topsy indicated that Miss Lesser was started about two years ago in the|in @ delicate condition shooting scrape betwoen Cunderson| New’s defense is i and Caley on the farms about three imiles southwest of the city, Cénsid-| ATTEMPT MADE LAST WEEK erable ancient history was rehearsed |Qn LIFE OF GEN. OBREGON at the trial and about 20 witnesses for both sides were put on the stand. Ray, N. Agua Prieta, Sonora, México, Nec. 16.— Private advices. received here from Mexico City today were to the effect that an attempt was made last Thursday to take the life of General Alvero Obregon, candidate for the The board of directors of the Bi marck Commercial club will probably meet this afternoon to make arrange. ments for the annual meeting of that organization. A complete report -ot| presidency of the republic, after he the activities of the club for the past| had addressed a public gathering in year is now being prepared by Seere-| one of the suburbs of the capital, The tary George N, Kenniston, would-be assassin Was jailed, < MAY NEVER HEAR, o'clock this morning even passenger | {yj winning unquatitie AGAINST MINERS: | | From 90 to 95 Per Cent of Men! Townley ray {statements is Theo, { i |farmer, FIGHTING SQUAD WILL APPEAR IN CITY THURSDAY Speakers Opposing Townleyism Arousing Considerable In- terest Over State ATTENDANCE Predictions Made That Hall Will Be Packed For Meeting in Bismarck BIG HERE With Rev, Birchenough for his speeches on of the . Me ‘Townleyis ting squad” touring interest is be- Lown among denblers of the eilis y of Townleyism in this part of the state in the meeting that is sched- uled to be held in Bismarck Thursday j Inight. | Rey. Birchenough, popularly called the “fighting parson from St. Thomas, Pembina county,” who is one of the principal speakers in the “fighting squad,” has heen attracting consider: able attention at the plac ae ts have since spoken arted at Grand Forks the teur was on December 9. The son” has been layin: of Townleyism, the ¢ partisan “fighting par. bare the n ale il of the Non- leagne leader's management of the leagne and the sperad of social- mder the tutelage of the Non- v league organizers, A T MANDAN WEDNESDAY " fighting squad” will hold a meeting at Mandan on Wednesday a¢ jlerpoon and night and a number of people from this eastern side ef the Missouri river are contemplating mak- ing the trip to Morton county to hear the speakers’ there as well as in’ this city, One of the noticeable features of the meetings held so far the turn- out of farmers who have supported m in the past through their membership in the league but Who ihave now adopted a doubting attitude Ind are wonderin: tter- jing promises of Townleyism are really jsineere and for the good of the state rand ytlte farmers: fhemsel Another speaker who is audiences with the earnestn appeal and. the ver Y Of his G, Nelson, seere- and o ‘o- oper tive exchange, Ife it cane farmer and one cf Who failed to swallow the it used by the Nonpartisan i ZONs, “GRIZZLY BEAR" A CARD ©. W. Everson, president of the T. V. nd dubbed the leaguers as y Bear” Everson, will cover the nd purpose of the Tndepend- ent. Voters as mn. Treadwell Twichell of Cass county who fought the league majority at the special ses sion of the legislature rocently held here and who is charged with the au- thorship of the famons expression “go! home and slop the hogs” is greeted jwith considerable applause at the |moctings he has addr George “T. Murr: Ward county whose challenge to league leaders to debate Townleyism \ has never heen accepted, is another speak: er, While Edgar J. Richter, ex-pre: dent of the North Da a press 4 ciation, has charge of the qu hox. jiany of ie ig Jae Fi epi is aw the man. ae AUC OF JAMESTOWN BUYS $270,000 WORTH OF NEW STREETS Jamestown, N. D., Dec. 16—The business district of. Jamestown, which has heretofore been paved with dirt streets, will have hard surfaced pavements next year. Last year the city commissioners awarded a contract to F. Burke & Son of Farso, amounting to $270,000 for the construction of the paving during 1920. DEFIES DANCE LAW CLARENCE GLOVED PANIS—Paris police forbade danc- ing after midnight, so Clarence M. Glover, soenerly an ambulance driver in the A F., opened a dancing pe- villion ju ronttae the city at Nevill Mid-night to morning are the hours for dancing, and “jazz” husie prevails. «| that’ work on the big structure should Zinatar of] ” “AN $18,000 LEADER | | | { | POBERPT P. BPINDELL NEW YORK — As president of the nilding Trades; Coun Robert Py Brindelt gets $1§,000 a year and he ys he gives full yalue for the money eis a spect in union organ tion and leadership and has a life co tract with the Puilding Trades Coun- cil. PLANS FOR BIG MISSOURI SPAN ARE COMPLETED Everything in Readiness For; Starting Work on Big Bridge Early in Spring LARGE FUND AVAILABLE and spectiicat Plans s for the to span the Missouri, prepared by C. A. P. Turner of ‘Minneapolis, who s engaged for this work by Bur- {teigh and Morton counties, with the approval of the state highway com-- now in the hands of the} and it. was stated today vill call for the completion of the span and all approaches within two years, The bridge will be the ¢ million dollar wagon bridge which is a LIMITED TRAINS ONN. P. RETURN THIS THURSDAY Nos. 1 and 2, Withdrawn to Con- serve Coal, Resume Their Schedule This Week TRAFFIC MUCH CONGESTED Westbound Train Reaches Here Friday Morning and Other Saturday Night Trains Nos, 2 of the Northern Pacific the cr overland limited be tween Chicago and the Pacitie coast will be returned to service Thursda after having been withdrawn under or- ders of the railroad administration to aid in the conservation of the coil supply as a result of the strike of bituminous miners. Local oflicials were. instructed this morning by the St. Paul headquarters of the road to announce that the first No. 1 to he restored to service wil leave St. Paul on schedule Thursday morning and the first: ‘Train No, 2 to de restored fr that eity Thu Friday mornin; The first train No, 1 to Bismarck will reach here 12 y Chicago will leave Paul sday night and St. r ular Sehedule will be maintained, The first train No. will leave Portland and Seattle Thur ay evening arriving in Bismarck § i 2 o'clock Jo and nger tratlic on the Northern Pacifie has sbeen badly con- gested with the result that trains Nos. and 7 from the east and Nos. 4 and have been invariably rvice from the west was riicularly disorganized due not only to , the extra heavy — traflie — but because of the coal shortage in Mon- tana and the heavy snow falls in Idaho and western y LAST OF LIGNITE gineering work undertaken in North} }dakova since the Northern Pacific; railway bridge at this point w: pleted. The nature of the M iver channel, the shifting ban j the necessity of going down 50 feet or} bed to find a| more below the river solid base for pi all combine to} make the lask a diffietlt one, Under the terms of two acts of the; special fon, doth of which the gevernor has signed and filed with the secreta of ute, $130,900, the first nsiallment of state aid for the Mis- Bre and Red river bridges, the latter to be located at Pembina, will be| availuvle after January 1, and there will be two other annual payments of the same amount to make up the state's share, Federal aid in the sum of $500,000 already is available, and Burleigh and Morton county will each raise $90,000 in three annual 30,000 e , proba Sec. 1945 of the 1913. se which authori: a levy for general highway purpo; of 1-4 to four mills, in addition to all other levies. The wagon bridge will be located not less than 2,610 feet nor more than railway bridge, Three sites have ‘been y s suitable. On the ‘Mandan side the bridge will be lapproached by a long concrete cause- | way, so constructed as to' withstand the high waters of the Missouri; and Heart, which, in the spring floods | the bottoms for a distance of sever: | miles. The approach from tie | imarck side will be much simplier, as {the bluffs extend to the river's edge. It is the plan of the state Highway commission to connect the twin cities of the ‘Missouri with a splendid con-} crete driveway which will be flanked by sidewalks and’ lighted for the en- tire distance, connecting the main streets of the two towns and making them inreality one long thoroughfare with the bridge as its connecting link. -Tho Missouri bridge here will be the only wagon bridge svannine this stream between Sioux Falls, S. D., and Great Falls, Mont. It will close the only gap in the national parks high- way between Chicago and Seattle, and will eliminate a ferry tax of 50 cents per car and 10 cents per person which is levied annually upon thousands of tourists and local patrons of the Ned trail. The bridge is expected to do much to stimulate motor transporta- tion and to thus become an important factor in the development of the Slope country, with its rapidly growing dai- rying and manufacturing Interests. UNFAVORABLE REPORT ON DRY BIL. GOES IN Washington, Dec. 16——An unfavor- adle report on the pill to repeal the war-time prohibition law was ordered today by the house agricultural com- j Mittee. by a vote of 76 to 3. Repre- j sentatives John T, Rainey, democrat, 'Tinois, and Voight, Wisconsin, and Ward, ‘New York, ‘republicans, cast the negative vote, ! Governor 4 tured Coal Strike Slowly ‘owners within two or “| tween operators 4,000 feet below the Northern Pacific! tom North Dakota points for emer- vee TO TTS OWNERS Frazier’s Petering Out PLENTY OF FUEL ASSURED coal mines in North Dakota seized four weeks ago by Gov- ernor Lynn J. F in the name of the state under a martial law procla- mation of which Frazier retains pos- session will be relinquished to the three days, it The few ligni was annonucea today J. W. Deemey, mine director for the state, is touring the lignice region to make a final check up of the prop- erties. Agreements are being signed be- and miners by ‘which. the 14 per cent increase accepted in ‘Ss! the competitive field made applicable to the north Dakota field according to} advices received by the Governor. Governor Frazier was advised today by R. J. J. Montgomery, the state's special agent at Duluth, that all calls gency coal shipments had heen filled coal shortage at any state, FINAL DETAILS FOR LIGHTWEIGHT |MATCH ANNOUNCED Bennie Leonard and Johnny Dundee to Meet in New Haven January 16 Final details ehampionship New York, Dec. 16. binding the lightweight holder, and Johnny Dundee, Italian contender, scheduled for January 16 av: New Haven, Conn., were arranged today. Billy Gibson, Leonard, and Dundee, acting as his own manager, posted forfeits of $3,500 each, guaranteeing weight and ap- pearance on the day of the match. The bout is scheduled for 20 round to a decision. The weight will be 135 pounds at 2 o'clock the afternoon of the bout. St. Paul, Minn., Dec. 16,—Po- lice of St, Paul and St. Paul park, a suburb, have searched for three weeks for robbers who tortured Lazar Jvasku with a red hot poker, it became known today. dJvasku, fearing a return of the men, asked the police to withhold details of the crime. CONDEMNS ALL ANARCHY | Manufac- | and that there appears now to be no} point in the; match between Benny Leonard, title-| manager of} ROBBERS TORTURE VICTIM WITH HOT POKER, ROASTING FLESH FROM SOLES OF FEET, IN SUBURBS OF SAINT PAUL ‘l search of Uvasku's. home in St. a ae For Self and Family; Ready For Finale Mandan, N. D., Dec. 16.— George Meirle of Glen Ullen, a Nonpartisan league farmer, | was so sure that the world | was coming to an end that he called all of his family and i renuves to his farm home ' a Meirle bought shrouds for himself and family and bought a gun, proposing to use it on himself and kill off the rest of the family if they were willing to save the Lord |; and the planets the trouble. | Meirle’s children, of whom | he has six, all married, pre- |: vented him from carrying out | ol purpose. He is 60 years | Loe : “1.W.W. ALIENS 70 | BE DEPORTED IF BILL IS PASSED Measure Introduced By Repre-| sentative Johnson Favor- | ably Reported | ae! | Would Make Teaching of Sabo- tage and Syndicalism | Treason to U.S. Washington, Dec. 16.—A_ Dill defin ing radicalism and designed primarily | {Chairman Johnson id to force the! department of labor to frrest and de {port all alien members of the I. W. W and kindred organizations was re | ed to the house today by the immigra i tion committee, WOULD STRIKE NEAR TOME Under the bill any ‘alien who is a! member, or — contributor to, loans} money to, or i ated wat any ov- ganization preacl u {forwarding the |the overthrow of organized govern: ment, the killing of or assault upon} ty {| yjmileage and per diem, NONPARTY SOLON FAILS TO BRING AUDITOR TO BAR || Highest Tribunal in State Under: stood to Have Been Unanimous CHARGED BASE MOTIVES “Ulterior and Improper“ Atti- tude Charged Officer By Legislator The North Dakota supreme court this morning declined to grant, on application of W. A. Anderson, secretary of the state industrial commission, an order directing State Auditor Kositzky to show cause why he should not. be directed by writ of mandamus to pay Senator J. I. Cahill of Grant county, $114.00, which the senator alleges to be due him for legis- lative services during the special session. Cahill is one of a num- ber of league legisiators who have not yet received their mileage and per diem allotment for the special session for the reason, the state auditor has con- tended, that the appropriation made for this purpose has been exhausted. The supreme court order denying the writ does not go into the merits of the case, It is understood, however, that the court was unanimous in declin- ing to assume jurisdiction. Declaring that State Auditor Kosit- zky was actuaied by ulterior and im- proper motives in withholding | froja Senator J. I. Cahill of Leith a warrant for $114 due him in per diem and mile- age for his services during the recent special session, W. A, Anderson, secre- tary of the industrial commission, Mon- day applied to the supreme court for *t it of mandamus compelling the te anditor to deliver to Mr. Cahill s warrant. Senator Cahill in his affidavit set forth that he was a duly qualified sen- ator, that he served as a member of the senrte-during the ‘econt -spécta} ion in good faith, that there ara rtilable for the payment of bis and that the jlaws require that such payment be {made out of the general funds of the | state. 1 fund, any government. official, or unlawful to the, or destruction of pre- | would be liable to arrest and de-| No overt act must he! order to bring about depor- | [tation as the bill provides that mere} membership in or any affiliation with radict! organization shall be a deport able offense. { Explaining that the purpose of the! measure “was to make the letter andi intent of the Jaw plain and unmi nhle” Representative Jolson intro-| jduced letters and records to show that] | Secre Wilson had ruled that un-} der ting law mere membership in the T. W. W. did not constitute ground! jfor a and deportation, HINES PROPOSES ‘NEW PLAN WHICH ‘WILLSAVERAILS Recommendations to President} ! Today Not Discussed By | | White House Family | Washington, Dec. 16.New recom- jmendations from Director General} | Hines as to the return of railroads to private control are before Pr House officials wll say what the rec- ommendatons are or whether they advocate the departure from the pres- ident’s announced purp to return the roads by January 1. Nor has there been any indication as to when the; president will issue a proclamation surrendering the roads or announce a change in his plan, Meantime, \ however. preparations are going forward at the railroad ad- ministration for turning the roads back in accordance with the decision announced by President Wilson in his ; Message to congress last May. Ma- {terials ordered on contract are being obtained as far as possible before the first of the new year, NABORB CLUB DANCE TONIGHT | Another of the series of dances given by the Nabob club will be held tonight! at the Knights of Columbus hall, The jmusi¢ will be furnished by McDonald’. 3] jorchestra. After discovering $450 in a Paul Park, the three robbers burned the flesh from the soles of his feet with a red hot poker with the tortured man crying that he had no more money. His wife and child were forced to watch Wilson. Neither Mr. Hines nor White} K HOW IT ALL STARTED, The drama in which Tuesday's su- preme court order denying Senator J. 1. Cahill an alternative writ of man- damas directing State Auditor Kosit- ‘agise why he should not ‘ant county solon mileage nd per diem aggregating $114 for his services during the special session ‘formed an interesting — chapter. the jopened during the closing hours of the session last Thursday, when the enate unsuccessfully endeavored, by force, to bring State Auditor Kositzky before the bar of the upper house; sought without satisfaction to exact. jan apology from the state auditor; {forcibly evicted F. E. Packard as as- ; sistant’ attorney general and was {forced to readmit his in his private capacity as counsel for the state aud- iter, and, to use the words of some of the more conservative members of that body “conducted itsel® generally as a kangaroo court, rather than as a dignified, deliberative body.” The trouble opened early in the afternoon when the state auditor de- clined to‘set an hour at which the jsenators’ warrants would be ready for them. - The senate/adopted a resolu- tion demanding that Kositzky appear i before that house and explain his jreasons for not having the warrants | ready, Senator A. A, Liederbach of Dunn, between whom and the staie auditor there has been more or less bad blood for some time. was com- missioned to serve notice on the audi- In the process of “service” both izky and Liederback went to the floor, where they rolled in a catch- as-catch-can exhibition until sepa- rated by the sergeant-at-arms.. and memiders of the lower house. When Kositzky finally appeared he explained that the warrants were not ready because the payroll had not ‘been certified to him until a half hour before the trouble began, and for the further reason that there was only $5,000 in the legislative appropriation fund, while the cost of the special session was $30,000. The following morning Kositzky began signing war rants for his “friends,” among whom he evidently did not include Cahill, one of the senate’s floor leaders, and the latter made application for an al- ternate writ of mandamus through the secretary of the industrial com- |mission, W. A. Anderson, formerly with the Minneaoplis park board. It is understood that a majority of the league legislators are still waiting | for their mileage and per diem war rants. Some have gone home, a ma- jority of them, in faci, but a few are still here. REDS CLAIM CAPTURE OF 5,000 PRISONERS London, Dec: 16—The ‘bolshevikt captured Novo Nikolavesk on the trans-Siberian railroad December 14, according to a soviet communique te- ceived by wireless here today. The statement said more than 5,000 pris- oners, many guns and several gen- erals of the Kolchak army were taken the scene, he-said, ‘by the soviet troops. i ot i Sk CDi SI