The Bismarck Tribune Newspaper, January 8, 1920, Page 1

LAST EDITION BISMARCK, NORTH DAKOTA, THU DAY, J ANUARY 8, 1920 THE BISMARCK TRIBUNE ¢ PRICE FIVE CENTS: LEMKE'S DEFENS E OF HOUSE BILL| 60 VICIOUS AND FALLACIOUS, SAYS! COUNSEL IN SUPREME COURT TODAY Contention That Legislature . May Arrogate to Itself Ex- traordinary Powers For Any Special Purpose It May Con- ceive Is Dangerous, Asserts Sheets — Asks Judges to Choose Between Fundamental Principles and Those Who Seek Its Mutilation The argument of counsel for State Treasurer Obert A. Olson in the suit to test the constitutionality of House Bill 60, the league's “immediate ef- fect” act‘of the special session, that the measure should be upheld “on the broad principle that it was passed at an extraordinary session of the legis- lature which had for its missiog extra- ordinary purposes” was declared by Assistant Attorney General (Sheets, appearing for the state in supreme court this afternoon, to be “as vicious as it is fallacys.” “It strikes at the very fundamentals of established government; it assumes that the constitution is not controlling :4if it conflicts with the desires of the legislature,” asserted the assistant attorney general. HOW CASE CAME UP House Bill 60, which would give im- - mediate effect to all acts of the spec‘al session without regard to whether they received the two-thirds vote re- quired to make them emergency measures, came before the supreme court on an application from the state on behalf of the attorney general, sec- retary of state and state auditor, mem- bers of the state auditing board, for a writ {of mandamus compelling State Treasurer Olson to pay the salary warrant of an employe of the state au- ditor’s office which the treasurer had held up because of alleged conflict with one of’ the acts of the recent as-} sembly, which he held to now be in effect as a result of the passage of} House Bill 60. \ ‘Assistant Attorney General Shects argued the case for the state, and William Lemke, vice president of the ‘Nonpartisan league, and active in the drafting of legislation during the re- -eent’ special session, appeared for the respondents, { Sheets declared that under North Dakota's state constitution and others of a similar nature the legislature has no war power, no peace power, no or- dinary power, no extraordinary pow- er, except as is there specifically con- tended. “Its, powers. and purposes vate’ the same. yesterday, (oday- and {A. Copelin, A. J. Arnot; Cecil L. Bur- PEST ONSET ee DOORS AMERICAN SHIPS WILL REPATRIATE SLAVISH EXILES Washington, D, C., Jan. 8.—Ameri- can .ships furnished by the shipping board will ‘be used to repatriate ‘Czecho-Slovak, Jugo-Slavs and Ru- manian troops now in Siberia, it was announced today at the state depart- ment. The first of the vessels, the President Grant and the America, soon will leave New York for Vladi- vostok, where they will be due about ‘February 10, MEN WHO WILL PUT OVER BIG JEWISH DRIVE Committde For Bismarck’s Re- lief Campaign Announced Today WOMEN ARE TO HAVE PART Mrs. Mollie Eppinger and Miss | Nancy Nathan Head | Ladies’ Aid 1 ——— \ The Bismarck men who. will put! over the capital city’s share in the Jewish relief drive January 19 were announced today by Al Rosen of the general committee. as follows: Tom Hall, 0. W. Roberts, J. M.' Martin, F. E. McCurdy, Burt Finney, Carl Pederson, Dr. F. B. Strauss, F. B®, Shepard, Joe Breslow, Al Rosen, Chris Bertsch, Jr, A. W. ‘Lucas, I’. ton, L, K. Thompson, C. W. ‘MeGray W. E. Lahr, Alfred Hendrickson, F. L, Conklin, K. ‘H. Howell, ..b. Klein, F. A. Lahr and H. J. Ducmeland. — ; Coincident with the general drive, January 19 will be a tag day conduct. | ed by a committee of ladies headed | by Mrs. Mollie Eppinger .and M Nancy ‘Nathan. Tags for the relief of suffering Jews in the war zone of central and eastern Europe will he offered for sale on the streets, in tac) postoffice and hotel lobbies ant other public places, and a considerable sum; 1s expected to be realiged from this STANDPOINT CENSUS “HUNT” IS 0 Sata 7 We have with us today, the census man—or, in many cases, the census lady. This is one tim your right name. The young lad ne when you’re supposed to tell ly in the above picture is one of Uncle Sam’s census sleuths and she’s getting the full dope on the whole family from the lady of the house. RUSSIAN SITUATION AS BAD AS IT Two Especially Menacing Devel- opments Are Cutting in Two of Denekine’s Army and Al- leged Capture of Town of Krasnovolisk—Northern . Per: COULD BE FROM ANTI-BOLSHEVIST , SAYS BRITISH REPORT SOUTH DAKOTA U SCOURING STATE TO GET CADAVERS Aberdeen, S. 8.—Dr. G. R. Alber Da ona still hat for: corps D,, Jan. Halvor Halvorson, Democrati of the University of South RATIFICATION OF TREATIES ON TENTH CERTAIN Paris, Jan, 8.—The exchange of rat- ification of the peace treaty with Ger-| many will take place on the coming Saturday, January 10 it now seems certain. The supreme council today fixed this date’ for the ceremony and Wecided that it should be held in t French foreign office. RED RAIDS WILL MAKE PALMER PARTY NOMINEE he, Leader, Sees Attorney General Picked COMPARES HIM TO TEDDY) Minot Man Believes Head of De- partment of Justice Ap- peals to Masses If Attorney General A, Mitchell ‘Pal- mer doesn’t stub his toe he is likely to be the democratic nominee for president and possibly Woodrow Wil- son's successor in the White House, in the opinion of Halvor Halvovrson of Minot, who has long been one of North Dakota’s most prominent dem- ocrats. Mr. Halvorson, who has been} in a hospital here for a week receiv- ing treatment for a fractured elbow, discussed the national situation while waiting for a train to carry him to Fargo yesterda “Mitchell is a man and a fighter,” said Halvorson. ‘“He’s the sort of man the*common herd likes to meet. I first made his acquaintance at the national convention in St. Louis. Pal- mer a big man even then, the head of his own state delegation, but he was always approachable, and I had a most enjoyable visit with him. He has a jaw like Roosevelt had, and much of the Rough Rider's punch; he’s a comparatively young man and a comer and' if he makes good on this clean-up of the reds there'll ‘be such a popular demand for him from, with- the nominations, Then if some man like Johnson should win the repub- lican nomination I pelieve the conser- vative factions of both parties would} rally to Palmer and would elect him.” Halvorson hasn't much hopes for McAdoo. “He’s Wilson’s son-in-law, ‘0. begin. with, which is no crime, to HORRORS O ‘UNDERWOOD NOT RED TRAIL VERY All Counties Should Co-operate in his: party that he can’t fail to win] j F MEXICAN BARTHOUAKE INCREASE HOURLY WITH RECEIPT OF RETURNS FROM STRI CANDIDATE FOR. DEMOCRATS’ JOB Washington, D. Jan, 8.—Senator Underwood in a statement today an- nounced that he would not be a can didate for the democratic presidential nomination, “T have announced my candidacy for the senatorship from Alabama and | hope and expect to represent that ate in the senate for the next six VALUABLE ASSET TO ALL DAKOTA Northern Cities Are Anxious to Secure Ocean-to-Ocean Highway SHOU Lp BE IMPROVED in Keeping Road in Best Condition The Red Trail, the east and west highway across North Dakota running threugh Bismarck, will become one of the ‘most popular routes of overland travel during the 1920 season and for thav reason all, counties through which th\; national highway passes should exert every effort to have their portion of it in perfect condition when tlre automodile tourist starts trek- king eastward and westward. This is the opinion of George iN. Keniston, secretary of the Commer- cial club and active worker in the good ro movement and national highway project. Mr. Kents- ys that Minot and other cities | jorthern part of the state which are. not situated on a national high-| y are bending their energies to-| ward securing coast-to-coast thorough | fares similar to the Red Trail. HAS ANCIAL VALUE “The year just past demonstrated in an unmistakable’ manner the fi- nancial value {oa community of the CKEN AREA Death List Continues to Stand at 2,000 or More—-Reports Tell of Villages Entirely Obliterated —People Living in Open in Constant Fear of Repetition of Tragedy Mexico City, Wednesday, Jan. 7.4 The estimated casualties attending the earthquake Saturday in the west- ern part of the state of Vera Cruz still stands at 2,000 or more. Dispatches from the stricken area do not estimate the damage done nor do they ¢' inate lists of dead. eports of the disappearance of one village, the total destruction of sev- eral others and the inundation of se’ eral towns by water pouring down the mountain streams are not denied by. the dispatches. MAY EXCEED FIRST ESTIMATES Fragmentary advices received here indicate the toll of death may exceed first estimates. It is said, the villago of Saltilo has been virtually destroyed and that 85 ‘bodies were recovered trom the ruins on Tuesday. Dispatches from special correspond- ents in the earthquake zone tell of the pitiful plight .of survivors, many of whom lost their homes and are li ing in the open air jn hourly fear of renewed ‘shock. RELIEF MEASURES .TAKE PORM. Relief measures are gradually tak- ing form and a fund has been started in thi y foreign colonies making liberal contribution. Military expedi- ticns with ambulances, doctors and supplies contributed by individuals, municipalities and the government have been sent into the affected dis- trict, a Two earth shocks were felt hero this morning and fears were enter- tained that they were vibrations from another serious earthquake in the region of Mount Orizaba. Up to a late hour tonight no fugther advices had been received from the east and some apprehension was still felt by the people. The shock, as registered at the astronomical observatory near this city were slight lasting three minutes. £ ‘ DEMOCRATS RAP REPUBLICANS ON forever, The power and authority giv-| source, which will reach citizens who Shortage of human bodies for the uni- be sure, but Americans are averse to|Iied Trail,” said Mr. Keniston today. en the legislature of this state, wheth- cr it convenes in special session, in tegular session, in the daytime or in the night, is neither limited nor en- larged, It is just exactly what the constitution gives it, no more, no less, But on this pretext, which is no ex- cuse at all, House Bill 60 is passed to manufacture a controversy which that bill admits on its very face does not exist. For by the terms of House Bill 60 it thereby expressly excepts from its operations emergency measures obtaining a two-thirds vote of both houses, thus expressly recognizing the application to special sessions of that constitutional provision: which it secks to nullify.” : ADMISSION OF WAKENESS The assistant attorney general de- clared that here in the very instru ment by which counsel attempts to sust&in. its position is found admis- sion of the weakness of its case. “Guarded by the armor of clear and lucid expression, Section 67 of the coa- stitution has stood the test of thirty years; and has obtained the approval and interpretation of two special ses- sions, excluding the last, as contended for by the relators, and has passed be- yond all’ reasonable dispute long since. No reasonable mind, not even the dreams of an opium-eater, can spell from its language the freak con-| troversy House Bill 60 attempts to raise up.” ( The state cited to the court the fact that thé constitution does not read “No act of the regular legislative as-, sembly” but “No act of the legisla- tive assembly” shall take effect until July 1 “after the close of the session” not “after the close of the regular session,” unless the same shail have been passed. by a two-thirds vote of; the members present and voting in! each house. | Place Section 67 of the constitution upon the rack constructed by House; Bill 60, said Sheets, and “immediately a coordinate and harmonious instru- ment which Governor Fancher de- scribed as the peer of any in the Unit- ed States is confounded with discord and chaos.” “The constitution says that no act of the general assembly shall be ef- fective before July 1, unless. it re- ceives a two-thirds vote of each house. (Continued on Page Six) LEAGUE BANK IS GETTING ACTION ON BAD CREDITS Langer Contention That Ac- counts Were Uncollectable Borne Out Minneapolis, Minn., Jan. 8--Judg- Ments on approximately $40,000 of loans to Minneapolis companies and individuals by the Scandinavian Am- erican Eank of Fargo, were filed in the Hennepin. county. district court today by Einar Hoidale, attorney for the bank. According to Hoidale, the se curity for the accounts was not de- Neved to be of the very best, but no banking laws had been violated. There were five judgments, the largest he- ing against H. D. Haggerty for $10,- | 889.91, probably’ cannot be solicited by the campaign commitices, This movement is headed ia North Dakota by former Governor Hl. B. Hanna, and it has the endorsement of; , every race and creed. ‘The Very Rev.; Vincent J. Ryan, chancellor of th Catholic diocese of Fargo, says: “Your, cause ig so worthy that its endorse. ment needs but few words. The sut- feringa of your race in what is known as the castern zone of the war are widely known, gnd these sufferings, that cannot be described, eloquently | command your work to all generous! people.” “It is altogether commendable that the citizens of the United States of the Hebrew faith should head a move-| ment to secure assistance for the} millions of Jewish mei women and children of eastern Europe who are} enduring the manifold sufferings caus- ed ‘by years of devastating war, I hope and’ believe it will be a pleas- ure to us all to assist our fellow citi zens in their laudable yurpose,” says John Poyntz Tyter, Wpocupa. Dinu | of ‘North Dakota. RED RAIDS DUE IN DAKOTA? N, P. ORGAN PROTESTS; Believed That Clean-Up of So- cialists and Anarchists Is Coming While the nation-wide raids have} not yet extended to North Dakota,} there is a general conviction that something is in the air. League or- gans throughout the state continue to openly and vigorously oppose depor- tation of Goldman and Berkman and to declare that the United States is merely creating more agitation and breeding mere agitators through tie course which it has adopted. “Obviously,” the Courier-News an official league organ, “if “Attorney General Palmer's present policy be continued on an even grander scale, we must meet the embarrassin,s necessity of some provision for carins for our own citizens who are caught in these r: “Mayhe,” says the league newspaper, “following the good old Russian prece- dent which now guides Washington we could make a Siberia of Alaska ane send the ‘agitators’ thither. The safest. way would be to jail everybody who criticises the profiteers who run cur nation, But if we're going to do that. we've got to start right now enlarging our.jail capacity by at least 10.000 per cent, “What's going to‘be the end? Event- ually we shall some to the time when there will be no more aliens-to deport. One of the grave miscalculations of the last series, indeed, was that more than half those arrested were citizens and henee, cannot be deported. Mor> find more hat condition will prevail More and more the ‘agitators’ will prove Americans.” sia: May Be Overrun and Baku | Taken | London, Jan. 8.—The situation in ussia is about as bad as could he from an anti-Bolghevik point of view according to British war. official re- porta and thete are few signs indical- ing any likely improvement. There are two especially menacing devel- opments, In the first place General Denekine's army has been cut in two through the Bolshevik push to the sca of Azov and its flanks have — been pressed back leaving a large gap. In addition tl comes’ a claim from the Bolsh aplure further east o£ t olisk, on the Ci this is not con accepted as true, MAY OVERRUN PERSIA The capture of this imp Mey it is pointed out, creates the sibility that the reds may ov thern Persia and occupy Te ich probably would mean tie e. lishment of Bolshevik rule in Pe The taking of Kras permits the H not only to control a largé part of -he! important ,Krasnovolisk-Nerv railrond | but gives them free a Caspian. There seems little then to; prevent them’ from gaining control} of the Caspian from the volunteer fleet. Once in possession of this there remains only a small Brit force and the poorly organized sian forces between the reds and the} cooccupation of Teheran and northern Persia through which ex the pos sibility of their obtaining@ontrol of the whole country. BAKU LIKELY TO FALL Baku with its important oil supply} on the western coast of the Caspian| seems likely also to fall into the Bol- shevik hands and its occupation would | provide a base for further operation) against the rear of Denekine’s hard pressed right wing. If the Bolshevik reports are true; General Denekine has suffered a con- siderable disaster for not only have the reds severed all land communica- tion between his left and right wir but they have captured large quanti- ties of war materials. \ | | | he town of I pian sea and wh rmed it is generally | ra FRAZIER BOOM FOR PRESIDENT BEING GIVEN MORE “GAS” | The “Frazier for President” paign initiated by the Nonpar' league in ‘North Dakkota, temporarily oshut off from view when Frazier fa ed to qualify for the- nom fon of his party in South Dakota, being revived. According to* official Nonpartisan league newspapers in ‘North Dakota, Carl D. Thompson, of the Public Own- ership league of Chicago. is manager of the movement in the nation. Martin Blank, a league ne aper | employe. bas been put in, charge the North Dakota headquarters, Blank is the man who escaped to} Minnesota some time ago when want-| ed on a criminal libel warrant in| North Dakota. He ffhally surrender-| ed to officials of this state, and the} charge is pending against him at | Beach. i | i m s!trol of American versity department become quite serious, said Dr. Albert- son, who is head of the department of, inedicine. unclaimedl bodies to the University. TRI-PARTY RULE OF U.S. INDUSTRY PLUMB PROPOSAL Author of Similar Plan For Rail- ways Circulates New Prospeetus PRESENT SY STEM CRASHES Wai hington, Jan §.—Tripartite con- n industry in which capital and labor would the public by share equaily. has been advocated ess to ihe! Glen E. Plumb author of a similar! plan for ‘railroads. Advanced copies ot his proposal have been circulated government officials and a pub- | nouncement is expected soon. Plum) in presenting his plan de- ‘layes that the “existing indus' tem {is crashing around our ea! that value of serv! “wrongfully exacted.” Profits on the investment the plan provides, would be reaped by society in the form of better and cneaper service, by capital in guarantecd pro- tection of investment and a faiy rate cf return and by labor in the shape of a better wage and a share of sav- ings produced by labor in productio. ice and that profits are |AERIAL SERVICE FROM WINNIPEG TO ST. PAUL PLANNED —Ss eh ee Winnipeg, Man., Jan. 8.—An aerial service between Winnipes and St. Paul will be etablished this summer, it was announced: tod: One of the stattons will be at Grand Forks which wil! be ched in 9) minutes from this ci : PARLOR BOLSHEVIKI RAISING FUND TO FREE COMRADES HELD AT ELLIS ISLAND MUST New York, N. Y., Jan. 8—-Par- lor TBolsheviki’ who are raising a fund to assist comrades held on deportation proceedings will have to invest it Liberty bonds to get their friends out on bail, The authorities at Ellis island today announced that offers of cash bail had been refused since the island has no facilities for handling A surety company d to supply bonds even against adequate cask security on of anatomy has County officials through- out the state are being urged to ship | Riga Now Believed to Be Destin- ges have no relation to the keeping any job, aad especially the presidency, in one family. Then his attitude during the coal strike, and his recent declaration in favor of the} rgntion of the railways and for an! ‘industria] democracy’ will, I believe, kill him with the big majority of Am-| ericans who are well fed up with this sort of thing. It is my humble per- sonal opinion that we can’t win with, McAdoo, and I doubt. very much if he can win the nomination if Palmer} makes good on this big cleanup of his} andbecomes a candidate, ~ “Palmer. [ believe, would make a wonderful campaigner. He likes to; meet people, knows how to meet them and he leaves a mighty good impres- sion, ‘To my mind, unless he should ‘fall down between now and the date! lof the national convention, he is ‘our jone white hope, 1 don't: know any ‘republican now in the field who could} heat Palmer, if he finishes as well as, he has started. SOVIET ARK IS ABOUTTO ENTER THE KIEL CANAL, ation of Anarchist Crew | i | | Washington, D. C., Jan. 8.—The sov- hiet ark Buford with its cargo of 249 radical aliens is about to enter th Kiel canal according to official dis- patches received here today. While still refusing to disclose the destina- tion of the ship officials said “a very good guess might be ventured since passage through the canal has be-| come known,” It was believed that the Buford would go to Riga, a port in Livonia to discharge its padicals for trans- portation across the country into sov- iet Russia, So far as has been made known negotiations for the transportation of the radicals across one of the Baltic provinces adjacent to Russia have heen completed and the government will await the outcome of the Buford's voyage before deporting any more radials to Russia. BUY LIBERTY BONDS the ground that it did not care to aid enemies of the country. The immigration authorities, however, will accept Liberty bonds and re- lease reds on bail as soon as their preliminary hearings . before in- spectors are completed. Officials at Ellis island today said the next soviet ark probably would not. leave for some weeks ds little progress has been made {hus far in deportation hearings, hey began yesterday, but none was completed. | | i { “and ev county in the — state through which it passes should pride itself on the manner > which the road is kept. .This should be made the nicest highway in the northwest, \the different counties should cooperate with each other in keeping the Red Trail in the finest -condition during the spring, summer and fall months{ when the travet is heaviest. “The Red Trail is known from one part, of the country as the most beaut- iful scenic route for automobilists in the United States and for that rea- son it is constantly growing in im. portane Z If we wish these tourists to, take away with them a good impression of our ci/, county and state, we must make their travel here an one, Good hotels, ag na other ne! ate this impre sential to sat ro fs." MINOT AFTER HIGHWAY * Minot and other northern towns are deploring the lack of transcontinental highways in their sections and in a recent edition of the Business Bulle: tin of the Minot Association of Com- merce there appearel the following: “One auto load of tourists is bet- ter for a town than two transcontinen- tal trains passing through, no matter how heavily loaded the trains may be, The people along the. Red Trail long “go realized that this tourist business was worth while and they are now reaping the harvest. How much long- er must the people of the northern part of the state remain asleep, Wake up and fix up the Roosevelt Interna- tional highway. Make it so good that people going through the state will have to ute it in preference to others. Let us see a little business sense in our road making.” CONS DELEGATES MEET IN FARGO SOON sion Galled For January 20; May See Reorganization { of Concern | Fargo, N. D., Jan, 8—The annuat mecting of the Consumers’ United Stores Co. at which members will be permitted to exchange their $100 buy- crs’ certificates for a yoting share in the company, will be held in Fargo on fellowing local store January 17, at es will be elected The call announces to receiving their ot stock: the: delegates wil! en to a report of the year's bust- and consult with officers and di- that in shaes li nes: thing is said in the call re fo the election of directors anc The meeti will be held in here, Fach | le pected to finanee the expenses of its three delegates. PRESE MEETINGS -| contesting the yalidity of the LEAGUE DELAYS “Arrogant Leadership of Sen- ate” Has “Earned Contempt ‘of the World” Washington, D. C., Jan, 8.—Resolu- ticns endorsing the treaty of Ver- \sailles and denouncing as unpatriotic the attitude of senators who would defeat it directly or by nullifying res- ervations was unanimously adopted today by the democratic national com- mittee in session here, The “arrogant” republican leader- ay.| Ship of the senate was denounced as having earned the “contempt of the ! world” by throttling the. treaty for seven months and the genate was called upon to “quit plating politics” with the question of ratification. The committee voted that until the national convention made a definite decision “members of. the associate women’s national committee as now ‘constituted’ should continue in office during the tenure of office of the pres- ent national committeemen. ‘ Chicago was the first to present itd claim for the national convention ad+ dresses of invitation being made by former Mayor Carter Harrison, former senator James Hamilton Lewis and Rodger Sullivan. MOTION FILED TO ‘ ADVANCE ACTION AGAINST LEAGUE William Lemke Acts For Frazier, Ignoring the Attorney General — The attorney general's office of North Dakota has been notified by telegraph from Washington, it was announcet today, that a motion has been filed to have advanced on the calendar of the United States supreme court a suit state laws providing for an industrial pro- gram. According to the attorney gen- eral, it was his first_information rela tive to the motion. The announcement was to the effect that the action was tuken on behalf of Governor Lynn J. Frazier by Attorney William Lemke of Fargo. The recent special session of the legislature voted to petition an advance of the ¢ OWATONNA KID FOUND BISMARCK EASY PREY . pare See St. Paul, Minn,, Jan. 8.—Henry Jor genson, alias Robert Alden, the Owa- tonna kid and his partner. George Christianson, are under arrest, and have admitted to participation in four- teen holdups in the Twin Cities in the | past three months. Jorgenson boastfully told of how he had “got away” in the West all right. “I laid down bad checks in Butte, Bil- OUP The group meetings of the new € movement of the Presbyterian church will be held tonight at the homes of | various group members, lings, Portland, Bismarck, Mandan and Fargo,” he said, “If I had 100 bucks for every robbery I got away with I would be a millionaire.”