The Bismarck Tribune Newspaper, February 11, 1920, Page 1

‘Joan. * plied to Judge Nuessle THE WEATHER FAIR AND WARMER Se LAST EDITION HIRTY-NINTH YEAR DAKOTA BANK DECEIVES, SAYS FEE. PACKARD Assistant Attorney General Re- peats Charges in Supreme Court KOSITZKY BATTLE ARGUED Counsel for Cathro Institution Holds Its Private Estab- lishment pens ' A charge that the management: of the Bank of North Dukota had falsi- fied reports with a view to deceiving the people as to the extent of the bank's carnings was read into the su- preme court records ‘Tuesday by ‘As- sistant Attorney General F. E, Pack- ard, who has publicly, through the press, challenged contentions made by Director. General Cathro and others to the’ effect that! the bank showed a net profit of approximately $50,000 during the first few,’ months -of ‘its operations? £ Packard . was | rep! senting State Auditor Kositzky ‘i the latter's, posi- tion for a writ of! mandamus, com- . pelling the Bank, of North Dakota to permit him. to: examine its accounts which was before the supreme court on an appeal from the Burleigh-coun- ty district court. Justice Bronson asked the counse! for the state if he did not constle: it reprehensible for the state auditor tu undertake an examination of the bunk merely for the purpose of giving its affairs adverse newspaper publicity. “Such an action undoubtedly should be cendemned.” replied the assistant attorney general, “put I would like to ask this court if it is not even more reprehensible for. ofticials of the bank to falsify reports with a view to de- ceiving the public as to the profits which the bank {s making.” This line of queétioning was pursued no further. STORY OF CASE The state auditor. made an attempt to examine the books of the Bank of North Dakota, under instructions from the state banking board, last fall when the affairs of the Scandina- yian-American bank. of Fargo, was un- der ‘investigation here had been found in the-files: of the-Scandjuavian~ American bank a earvoi copy of a » letter from Cashier P. R, Sherman to the Bank of North Dakota in which he stated that, he was shipping the Jatter institution a large amount of collaterial upon which he wished a The state banking board su: pected that this collateral consis ed of postdated checks and jsimilar paper which it had held objectionable as security for alleged excess loans made by the Fargo institution. The state auditor commenced the examination of the Bank of North Dakota as directed, but he had made little progress’ when Director General Cathro ordered him to halt. The state auditor then ap in district court for an order directing the bank to open its books. Judge Nuessle denied the order, ruling that the Bank of North Dakota was a private in- stitution, maintaining ‘confidential re- lations with ‘its diets, anil not a) publi” state department, subject to audit ‘by the state as are all state departments whiclr have the handling of public funds, The state auditor appealed from this decision to the supreme court, where W. A. Anderson, secretary of the state industrial comn jon, and Leslie A. Simpson of Dickinson, coun- sel for the bank, raised the same con- tention as to the private andsconfiden- nature of its banking operations. The state on the other hand insisted that while some of the bank's. func tions were private in nature, it was pntially a department of the state government, Assistant Attorney Pack- ard argued that the legislature in tablishing the Bank of North Dakota had created no new functions, but had merely transferred to it certain public functions which had previously been performed” by divers state depart- ments, and that in taking over the exereise of these functions the bank beqame a part of the state’ govern- ment.’ Mr. Packard quoted from the opinion of Justice Grace rendered in the “four taxpay ” suit against the ial commission, attacking the economic program, in which the jurist declared that “when the Bank of North Dakota functions, it functions as a part of the sovereign power of the state.” The court has taken the question under advisement. LEONARD FARMER ASKS $15,000 FOR KILLING OF WIFE Fargo, Feb, 11—*For the wrongful death” of his wife, Anna Brown, on July’ 11, 1915, alleged to have been caused by an automobile accident at Leonard, hag brought suit for $15,000. the defendants named in the action being F. Nesemeier, Arthur Nesemei- er and Richard Greuel, residents of that district of Cass county. The plaintiff alleges that the de- fendants without “regard of safety and the welfare of others.” ran into and upon the rear end of a buggy in which he and “his wife were riding and that is wife was “greatly wound- ed and injured,” dying immediately. The case will be brought to trial in Cass county district court in Fargo pu Peb. 2% BISMARCK, NORTH DAKOTA, WEDNESDA , FE B. 11, 1920 PRICE FIVE CENTS |GOTHAM AUTHOR | AMBASSADOR TO ROME, VICE PAGE Robert Underwood Johnson Picked By Wilson to Suc- “ceed Publisher Washington, Feb. 11—Robert Un- derwood Johnson of New York, author and editor, and one of the founders of the league to enforce peace, has been |, selected by President Wilson’ as am- bassador to Rome to succeed Thomas Nelson Page of Virginia, who resigned several months ago. The president is expected to send the nomination to the senate within a.few days. . SWEEPER BOSS HELD MURDERER OF LABOR CHIEF Foreman of Street-Cleaners’ Union Detained Without Bond f IS ARRESTED PRESIDEN Chicago, Feb. 11.—Vincenzo Cgs- mano, a street sweeper foreman, was held without bail today'as the man who murdered Moss Enright, Chicago gunman, who was killed last week. “Big Tim” Murphy, labor leader, former member of the legislature and business agent of the street sweepers union, also was held without bail in connection with the killing. He was; known as Enright’s opponent in labor union feuds which in the last few years took a toll of 23 lives here. UNION PRESIDENT HELD Mike Carrozzo, president of the street sweepers’ union, also is in jail held without bail on a.charge of con- spiracy to murder. | Information which led to the arrest of Cosmano was furnished by Tony Cifaldo, an alleged Boston gunman, who told the police Carrozzo ap- proached him with a proposition to kill, Enright. SCHLESWIG: GOES TO DENMARK BY | GIRL CHOOSES HER FOSTER-PARENTS CUCU mother nine years ago. Recent HU GE : MAJORITY (sxzsi at any time. Plebescite Results in Vote of 72,733 to 24,793 For the Danes Apenrade, Schleswig, Tucsday, Feb. 10.—Overwhelming victory for.the Danes in this zone of the province of Schleswig, the future status of which is to be determin- ed by the plebiscite held today, is indicated by incomplete returns received here. Country districts showed large majorities for Den- mark while the vote in towns ish estimates. . 72,783. TO 24,793 t- Cpenhagen, Feb. 11.—Latest re- ‘ports as to the result of the pleb- iscite held yesterday in Schles- wig show that Denmark secured 72,733 votes .against 24,793 for Germany. Only a few districts have not been heard from. PLANS FOR EAST SIDE SCHOOL TO. BE ACTED UPON Will Cost $62,000 and Be Finest in This Part of the State Final plans ‘for the new which was recently authorized by an overwhelming election will probably be adopted by the school board next The puilding will cost approxi- mately $62,000 and wil! be the most modern school building in this section of the state, D. T. Owens, a member of the school bo: s visited the principal cities im the ate investigat- ing recently erected school buildings and the plans for the new structure here embodies all of the latest im- provements in this ¢lass of buildings. The plans.call for an eight room, brick building which will be absolute- ly fire proof throughout, A feature of the proposed building is a com- teastern part of the city. e basement where meals will be ved students at noon. A smal] gym- nasium sufficiently large to permit basketball games to be played in it will :lso be located in the basement. New style cout rooms and teache S locket will be installed adjoining the yarious class-rooms, ‘A. Van Horn has prepared the plans for ‘the new. building. The school beard ‘is expected to » tlie school a name in a few weel Actual con- struction will he started in a month or two. & 2 anaes th munity room in the basement for the | convenience of fesidents living in the| There will be a hot Junch room in! HINES TO ANSWER FORMER MEMBER wiacs HBAD DAKOTA U Foe of President Kane Declares Melvin A. Brannon of Beloit Is Considered Dr. Meivin A. Brannon, president of Beloit college. may be the next presi- dent of the University of North Da- kota, said Robert T. Muir, member of the state hoard of administration, to- Mr. Brannon was formerly dean of the college of liberal arts of the North Dakota university and in 1918 was the candidate of the university alumni for the presidency. He recently resigned the Beloit presidency. The resignation of Dr. Thomas F. Kane, president of the university, was recently demanded by two members of the board of administration. Dr. Kane takes the position that the board as a body has not called on him for his resignation but that only individual members of the board have made de- mands on him as individuals, accord- ing to information received here from |Grand. Forks. $100,000 SEWER AND WATER SYSTEM FOR PROGRESSIVE CITY Fessenden Will Open Bids for Needed Improvements in Two Weeks" authorities of Fes: have, adapted plans and specifi wer and water systems whicl will cost $100,000. jmade by T. R. Atkinson of this ¢ N. Roherty, Mr, Atkjusou chief ut, returned last night from Fessenden. The plans provide for a 125,000 gallon storage reservoir, a 40,000 gal- Jon elevated tank, three miles of sew- er pipes and: two miles of water mains. Bids for this work will be The plans weretheen reported on Monday ‘!cases during the epidemic has now — “Qin A Baltimore, Md., Feb. 10.—Marjorie Easton, 11 years old (cen- ter, upper picture) had to choose between living with her own mother and living with her foster-mother and father. cided on the foster-parents. Marjorie became separated from her She de- ly Damaris Easton, the mother (center, lower picture) had the child brought into court on a writ of habeas corpus. The foster-parents, Mr. and Mrs. J. 0. King (right and left) of Montgomery county, Md.; accompanied the child. After hearing. the testimony the judge-allowed..,he child to make her own choice. Her real mother is permitted to see her WAGE DEMANDS OF 2,000,000 RAILWAY WORKERS - AND THEN REPORT T0 PRESIDENT White House Officials Regard Situation Which Director Gen- erak Will ‘Seek to Meet on Be- half of Federal Railway Ad- ministration. as Extremely Grave Director Gen- uswer to the 000,000 railway y and Washington, Feb. 11 eral Hines will ™ wage demand of the workers on his own responsibil from the standpoint of the va administration and will then report to the president it was said today at the White House Mr. Wilson will then approve or disappreve tie decision, Heretofore the president. generally hag passed upon wage sious before the railroad admini tions ansy iven, to the union representa No reason was sued for the departure from the ¢ custom in this case, . In the Jight of the urgent de of the trainmen adn the stv issued by officers of the brotherhood of Maintenance of way cmployes beth railroad Iministration and White House otlicials rd the situation as ke ands extremely r. Hines has held a long. conf with Secretary Tmulty who has submitted a memor- andum to the president. Conferences between Mr, Hines and the brotherhood offic were to have hee nresumed this morning but at the appointed hour neither side was ready to go abead and the meeting was post- poned until ) o'clock this afternoon, NEW INFLUENZA CASES INCREASE Total of 122 Reached When Nineteen New Ones Reported With nineteen new cases of influ- senza reported for the past 48 hours should have . the list of including several whi reached 122. Due to the large number of new cases just reported, Dr. C. E. Stack- house, city health officer, announced today that there would be no lifting of the ban on dancing this week. If there is a decided drop in the number of new cases ‘this, it is thought prob- opened by the city officials in about two weeks. able that the dance ban would be lifted next week’ some time. »{In mileage North Dakota road | f call |” NATIONS LEAGUE COUNCIL SITS IN OLD ST. JAMES Historic Picture Gallery of Henry VIII's Palace Chosen For Session London, Feb. 11.—The council of the jleague of nations met today in the {historic pleture. gallery of St. James palace, which was built by Henry VUL The opening meeting at noon was of | a, more or less formal nature to deal '} with: programs of the proceedings of ‘the subsequent meetings which will occupy Thursday as well as today, Some sessions being public and oth- ers private. This afternoon's session, ‘Y Arthur J. Balfour, British representa- tive presiding, was private. x The nations representéd at the meet- ing were Belgium, Brazil, Great Brit- -jain, France, Greece, Italy, Japan and Spain. NORTH DAKOTA . RANKS HIGH IN | ROAD BUILDING {Ninth Among All States in the Union in Federal Aid Projects Approved HAS- MUCH WORK IN VIEW North Dakota ranked ninth among the states of the union in federal aid project’ statements approved by the United States Bureau of Public Roads upto the end of 1919, according to data: from the bureau, announced by J.-E; Kaultuss, assistant chief engin- eer of the state. based ‘on 80’ projects from this state out of a total of 2,173, or 3.7 percent. ranked fourth’ with 1,125 miles out of 21,650, or 5.2 percent, being outranked as fol- lows: Nebraska, 2,534; Texas, 1,821, and Minnesota, 1,256. Estimated cost of the 80 projects for North Dakota was given as approxi- mately $2,619,000 or less than one per- cent of the total estimated cost of $275,139,000. The state projects con- cerned, it was announced, involve re- quests for $1,275,000 federal aid or 1.1 percent of the total federa] aid sought by-all the states...) 0.) ; | FOURTH IN RECOMMENDATIONS Other data furnished bythe bureau, as announced by Mr. Kaulfuss, were as follows: “In plans, specifications and esti- mates recommended for approval, North Dakota ranks fourth and six- teenth respectively as to mileage and number of projects involved. North Dakota has 502 miles out of 11,367 or 4.4 percent and 38 projects out of 1,504 or 2.5 percent, These 38 projects are estimated to cost $1,418,000, the esti- mated cost of the total 1,504 being $164,494,000. North Dakota’s 38 pro- jects involve requests for about $709,- 000 federar aid or about one percent of the total $70,833,000 federal aid in all the projects. “In project agreements executed be- tween, the. state and the federal gov- ernment, North Dakota is in fourth place as to mileage (442 miles out of 9,540); fifteenth place as to number of projects (32 out of 1,204); $1,180,- 000 out of $129,525,000 estimated cost of $55,422,000 for all states. In federal aid actually paid to the states, North Dakota is in twentieth place, about $175,000 having been paid prior to Dec. 31, 1919.” Commenting on the data, Mr. Kaul- ‘uss said: “It must be remembered that federal aid, projects in North Dakota involve to date of less than $2,000 per mile on the average, while other states have federal projects costing as high 56,000 per mile. ing of the state is espe- cially gratifying in view of the fact that North Dakota had no state high- way department at all three years ago.” “Nore than 1,000 miles of road have been surveyed by the department with- in the past three years, according to recent announcement by State En- ginneer W. H. Robinson. NEGOTIATIONS WITH RAILWAY MEN HIT KNOT President Lee of Trainmen De- clares Men Must Have An- swer Soon Washington, Feb. 11.--Wage negoti- ations of the railway employ with Director General Hines hed a critical stage Tuesday and in. sofar as the Brotherhood of Railway train- men is concerned a strike loomed un- “pending demands are satisfac: settled.” sident of the union, r, Hines that Ww. has served ne his men are “very ent and must haye a definite a soon.” To | this Mr. Hines replied that no state- | ment of position can be made until jhe had again talked with the whole. | body of labor representatives. MEET THURSDAY The first division of the Ladies’ Aid society of the McCabe Methodist chureh will meet Thursday afternoon with Mrs, W. M. Roan in the parlors of the Grand Pacifie hotel. All mem- bers and their friends are urged to at- | tend. The rating it was announced, was |, and $565,000 federal aid involved out} g, enn BY BOLSHEVIKI -ONFEBRUARY 7 Local Bolos ia Control—Red Army Has Not Yet Reached Scene ALLIED SHIPS Constantinople, Monday, Feb. 9. Advices reccived here show that Odes- sa fell into the hands of the Bolshe- viki on February 7. The local Bolshe- viki were in control when the last d patches reaching here wer the red army had not yet Heavy machine gun fire was in evi- dence all day on the seventh. The fire of the Bolsheviki upon the allied warships also was heavy and the ves- sels moved into the outer harbor. Rear Admiral N. A. McCully, com- manding the United Stat ni forces operating in Russian wate is reported in advices to have arri from Novo Rossisk on the Amer destroyer Biddle and as senior n officer now is in command. 10 START WORK SOON ON PIERS FOR BIG BRIDGE State Highway Commission Ad- vertises for Bids foy Con- struction ATTACKED » but TO HAVE TROLLEY TRACKS Work will be started on construction of the four giant piers which will support the $1,000,000 vehicle bridge over the Missouri river between “Bis- Marck and Mandan within two montlys. Atnouncement, of this was made today following a mecting of the state high- y commission at which time plans and specifications for the work were ordered advertised so. that contracts could be awarded, The cost of the four piers will be $185,000 and will be the first real evidence of what will ultimately be- come the largest vehicle bridge in the state. The comm ono will ad- vertise for bids for this struction for thirty days and it is expected that. the actual work on them will start within a month after the con- tract is awarded. ' PREPARED BY TURNER CO. The plang and specifications for the bridge are those prepared by the C, ALP, Turner Const jon Co, for the state highway commission. They have been approved by the United ‘States government engineers at Washlugton. dings for the sinking of the piers ready been made, Acting on’ the recommendations of the federal engineers the revised plans and specifications of the immense ridge will provide for The state highway commis: planned to make provisions for such” trackage, but did not inchide the provision in the plans sent to Washington as it did not be- lieve the fed government would ap- prove oft int of the proposed plans. and. specifications, J The plans as finally approved by the federal authorities provide for a ‘28 foot roadway for vehicles flauked by two foot walks four feet wide. This ix a slightly broader vehicle passage W than ariginally planned and will permit two vehicles going in the same direction” passing each other, sion BLACK SLAYE SAFE IN JAIL Lexington Colored Murderer Will Pay Death Penalty Lexington, Ks though William Lo ed murderer of te: ar old Gen- eva Hardman, was-safe today in Eddyville prison, where he is to pay the death penalty for his crime on March 11, 509 troops were held in Lexington which re- mains nominally under martial law. ‘ Military officers spirited Lock- ett out of town on a special train late last night. HETTINGER COUNTY BUYING GOOD ROADS 11.--Al- » convict- D Mott, No. D., Feb igureg, is sued hy local highway officials indi- cate that approximate! 50.000 has been spent annually in Hettinger county the past eight years for road jand bridge purposes, BURLEIGH. COUNTY REPUBLICANS CONDEMN TOWNLEYISM AND ALL ___REDRADICALISM OF ITS KIND ODESS A TAKEN Resolutions Take Firm Stand for Principles of Grand Old Party and Denounce Mismanage- ment of Frazier and His Crew in North Dakota—Delegates to State Convention Named. Burleigh county republicaus In a thoroughly barmonious convention held Tuesday afternoon in response to the call issued by members of the republican state central committee named twelve delegates to the repubi- can state convention to be held) in on February 17 and adopt- ed resolutions denouncing socialism, bolshevism and communism, and de- claring a progressive republican ad- ministration essential fo the redemp- tion of the state and nation. + The republican renewed “their firm belief in the principles of the republi- can party as set forth in its national platforms, and again solemuly pledged undivided support to the repubileun party. “We are convinced,” read the resolu: tions unanimously adopted, that only 1j through the success of the repubilcan party In 1920 can the people be cer- tain of: “First. An honest, efficient, econ- s administration of the veloped and executed a plan. for the with a yepeul of a Kill initiative and “Third.—That there gill be develop- ed a better relation between labor and capital, with/justice to hoth and with fairness to the public, the third side of the triangle, which’ must net be forgotten ; . “Fourth. — That there should be an adninistration of law and ordey every- where in the nation ; Fifth——That the party will measure its steps forward by the needs of the uation, with its eyeg alia and its feet on solid Ta Ae “We most emphaticaty® ajirm belief in and adherence t: ihe rey we can institution of our govesnment aud nation; our faith and belief in our self-controlled — representative democ- racy, & government. of laws, not men, in which order is the prers progress, and declare and publisa snr unalterable opposition to the principles and ideals of -socialism, communism and autocracy in all their forms. “We demand of our state and na- tional administration the mast rigid economy and the highest degree of elficiency ‘in the administration of all public affairs; a more equitable ad- justment of taxes; the ‘Conservation ’ of ‘national resources for the benefit of all people, and a true and pure Americanisin, in all its teachings and faithfulness to all its dealings, “We denounce without hesitation or reservation the present administra- tion of our state, the private control by unscrupulous bosses of instrumen- talities of government; the extrav- agant and wasteful approrpiation of public funds; the di ding propagan- da and b 1 Sympathy extended to the criminal elements and law-resist- ing forces c yhere by the selfap- pointed socialistic leaders now in ch of our state affuirs, “and we further declare and ‘affirm: our un- alterable determination to support for public office only those men whose Americanism is 100 percent.” The resolution committee was .com- posed of Chairman Theodore Koffél, Seerctary P. G. Harrington and J, A. Hyland, Fred Peterson aud J. P. Jack- mm. appointed by the chair. The con- vention was called: to order by Mr. Koftel as temporary, chairman,, with Mr. Harrington acting as secretary, and this organization wis made per- manent following the report of. a. credential committee consisting of G. N. Livdahl, W. S. Casselman and. B. KE, Jones, which declared any republi- - can opposed to Towuleyism: and. so- cialism and espousing the principles of the party entitled to a seat in the convention, if he was a citizen of ud an elector in Burleigh county. DELEGATES NAMED Delegates iwere selected by nomina- jtion from the floor of the convention, thirteen being so named, and the glate being clea ‘ig by the withdrawal of FE. H. Sperry retired farmer of Bis- marck, who declared he would be lad: to attend the state} convention jin the capacity of a private citizen and yield to activ some younger men. The delegates iwere then selected by the geeretary’s asting wu unanimous vote of the con- vention, as follows: Victor Anderson, Still; P. G. Harrington, Bismarck; Kdgar Mounts, Baldwin; ‘, Fog- y, Sterling; J. W. Bureh, vurts- dale; Walter E. Sellens, Hay Creek; Fred Peterson, Bismarck; A. A, Jones, sismare Theodore — Koffel, Bis: marck; G. N. Livdahl,. Bismare' Frank Pa Burnt Creek; A. Blexrud, Regan, WILLIAMS WITHDRAWS The only incident of the convention iw the explanation of Gen, E, A. Williams of his refusal to sit as a member of the convention, altho he declared his interest as a spectator. “L have attended rerublican conven- tions for 46 years; I participated in the first Burleigh county republican I convention 46 years ago,” sald Gen- (eral Williams, “I do not feel that I ;| should sit here as a delegate today | because I have already attended one | state convention, held only : recently. (Continued on Page Three) s, ahead myuisite GE, ielpation to ,