The Bismarck Tribune Newspaper, March 3, 1920, Page 1

e Zoe — ==|THE BISMARCK TRIBUNE [=| BISMARCK, NORTH DAKOTA, WEDNESDA MARCH 3, 1920 PRICE FIVE CENTS ILLINOIS COURT, CONSTRUING ACT DAKOTA ADOPTED, HELD WITH STATEON WOMEN DELEGATE VOTES) Assistant Attorney General bee Insists That in Borrowing the Statute We Must Also Ac: | cept Original Interpretation of Law, Which Would Bar Mrs. Rudd and Miss Nielson from Place on Primary Ballot— Foster, for Petitioner, Asks Broad Interpretation i ‘When the North Dakota assembly in 1915 adopted word for word the Illinois statute of 1913 empowering | women to vote for presidential electors | it also adopted the construction placed on that statute in an [inois supreme | court decision of 1915-16, which was ; to the effect that the terms of the act were In no respect ambiguous ' and that it was the plain intent of the act to confine the powers con- ferred on women voters, so far as presidential preference primaries were concerned, to balloting for presidential electors. This was the leading point made by , Assistant Attorney General E. B. Cox | this morning in defending before the supreme court the action of Secretary | of State Hall in refusing to accept | for filing petitions presented by wom- en candidates for the office of dele-_ gate to the republican national con- | vention requesting a place on the pri- | mary ballot to be voted March 16. Secretary of State Hall advancea as his authority for this action’ an opinion furnished by Attorney General \ Langer at the request of Miss Minnie J. Nielson, one of ‘the delegutes nom- inated by the second republican state convention, held here February 17. In; this opinion the attorney genera] held that the statutes of North Dakota are; clear in their intent that no one who | fs not an elector for any particula: office be permitted to qnalify for the ; office. The limited franchise act of | 1917, giving women the right to vote for presidential electors, went 10 further thau that, the attorney general ! contended, and, he held. inasmuch as} it did not give women the right to] vote for delegates to national con-} ventions, it did uot give them the right to become delegates. Attorney William Lemke, vice presi dent of the ‘National Nonpartisan ' league and chief legal adviser fo that organization, immediately took isyue with the attorney gerral. and when league republicans met as progressives , at Hillsboro ty nontinute -thé* third | of North Dakota's trio of republican tickets, they placed a woman on their slate as a candidate for delegate to the republican national convention. When petitions nominating the league candidate, Mrs. M. A. Rudd of Fargo, were presented, the secretary of state declined to accept them. He adopted the same attitude toward petitions | nominating Miss Minnie J. Niels submitted after it became known that the Jeague planned to test the eligibil ity of women as national delegate. THE LEAGUE’S ARGUMENT | The supreme court on petition of; Mrs. Rudd issued an alternate writ | of mandamus returnable at 10 this morning, directing the secretary of state to place Mrs. Rudd on the ballot or to show cause for not so doing. i | j Attorney George K. Foster, formerls | European royalty before whom she of the, attorney general’s staf, appear: | ing for Mrs. Rudd. in oral argument | this morning presented the following case: Under a Chapter 254. strict interpretation of I f 1917, adherins | closely to the as oo the law this EGGS TAKE HARD limited franchise act really confers | No new powers upon women electors of the state, inasmuch as it gives them the privilege vf voting at “elec: tions” for presidential electors, where- as. Mr. Foster pointed out. the su- preme court has held in cases here- _fore decided that a primary is not re strictly an election, but is merely nominating convention. or at best is a set of elections. in which each ; party ballots individually for its uom- | inees. The practice has been, however, ; argued Attorney Foster, to give elec- tion laws a broad interpretation ; “the trend has ever been” he declared. “toward emancipation.” He urged | therefore that the court assume a} liberal attitude toward this act and} find that the jntent of the legislature | was that women be given a hand it the selection of presidential Li | dates, and that the assembly clearly | intended’ that there be extended ts the women voters of the stute every electoral privilege in connection with the nomination of presidential can didates which is not expressly pro- hibited by the constitution. He argued. therefore, that ix was clear that the legislature did not purpose that won: | en be given an opportunity to vote | for presidential electors. whose func: | tion is purely mechanical. and that! ivilege of par: ticipating in the nomination of the; candidates for whom these electors: would be required to cast there yote | Consequently. Foster contended. the law either gives the women of North Dakota the right to vote for national delegates as well as presidential elec tors, or it gives them no right at all; and, if women can vote for ua-) tional delegates, a woman cau serve; as a national delegate. i STATE QUOTES PRECEDENT | Assistant Attorney General Cv the state. argued first that the Dakota statutes clearly prohibit a * zen from holding any ottice for which | he or sire is not an elector. and that: inasmuch the legislature did not give women the privilege of voting for | national delegates it is self-evident | that women cannot serve as nationa! | delegates. Chapter 254, laws of aot must be construed as it reads, he de- elared. Its terms. he insisted. an | not in the least ambiguous, but are (Continued on Page Seven) MRS. TOM THUMB’S | Magri, (Mrs. Tom Thumb), who died EXAMINATIONS FOR | P MARY STARS IN TYPICAL RENO — Keno, Nev. March 3.—Mary 2 | PICTURE PLOT | | ae ° FOUR ST. PAUL MEN VICTIMS OF WOOD MULE | St. Paul, March deaths from drinking wood al- cohol took place in St. Paul last night and today. Coroner Ing- | erson said that arrests “might | | be expected,” | Pa | | ‘Neil and = Patrick Mullen, | brothers, died in a rooming { | house. Martin Barrett, a rail- | { road man, succumbed at his | | home. An unidentified’man was |j |, the fourth victim. Pickford, motion picture star, was granted a divorce from Owen Moore on Monday evening at Minden, a small town near Car son City, on grounds of desertion. She has been at the Campbell ranch at Genoa nearby since Feb- ruary 15. She was accompanied to the court room ‘by her mother, Mrs. Smith, and she wept freely while testifying. Owen Moore was not in court although he was at Min- den at lunch Monday. He was represented by an attorney. Miss Pickford was dressed in | very old clothes. She is still at Genoa. BiG FIVE MEAT PAGKERS CROWD OUT’ STOGKMEN Wyoming Rancher Gives Testi- mony Before House Agri- cultural Committee Washington, ‘March 3.—The “big five” meat packers were charged in|* testimony given before the house; agricultural committee today by J. H.| Montgomery, stock grower of Dasis, Wyo., with having reduced livestock rices and driven growers out of bus- iness. He deplored injunctions and im- munity baths in proceedings against the packers. “The packers thrive on injuuctions.” he said. “An injunciion does not} bother them any more than insect powder does a cootie. The whole meat packing industry should be put through a delousing station.” Lack of action by congress in pass- ing: legislation to control the pack- ers and recent court decrees are caus- ing a loss of confidence in both con- gress and the courts, the witness said. - “These conditiong are producing, s0- cialists, anarchists and Bolsheviks, faster than the attorney general can get bottoms to sip them out,” he said. HOUSE FURNITURE GIVEN TO MUSEUM Plymouth, Mass., March home furnishings of Mrs. Lav na W. recently, will be placed in museums by the terms of her will whicn has been filed here, Her collection is said to include the smallost practical; furniture in use. Two minature sew-, ing machines and a piano are among, the pieces mentioned by the will. Sev- eral of the articles were ts from} performed. The remainder of ber property is to be divided among ker husband, Count Magri, also a midget, and two nephews. FALL IN CHICAGO Chicago, ‘March 3.—Eggs dropped from-one to six cents on the Chicago produce market this morning, The greatest decline was registered by; miscellaneous eggs, comprising re- ceipts from the farms which fell from 41 to 46 1-2 cents as compared to yes- terday’s price of 47 to 49 cents. i All grades were affected by the de-, cline. | REDS REPORT» BOLO ADVANCE i z | Loudon, March Russian Bolshe- | i | vik troops are rapidly: advancing in the Caucuses region according to an official telegram received by Reuters | Ltd.. from Moscow, During the last j | fortnight. the message says, the sovier 17.000 prisoners and General Dene- kine’s army declared to be “gradu: ; ally dispersing.’ . | troops in that district have captured | i RURAL CARRIERS TO BE HELD MARCH 12, Examinations will be held bere aud | at Wing on March 12 for rural carriers | ut McKenzie and Regan. Application , blanks may be obtained from the: United States civil service commission at Washington, D. €. MILLIONAIRE RED MUST STAND TRIAL WITH COMMUNISTS Chicago, March 3.— ‘William Brost Lloyd, millionaire sergeant at arms of the communist labor party, and 15 other communists must stand trial on indictments recently returned charging them with conspiracy to overthrow the government by force. Judge Oscar Hebel today de- nied a motion to quash the indict- ment whicg the defendants claim- ed were faulty as the broad charge of conspiracy did not make any specific allegation as to the method to be used, ! warning that unless order could be RIVALRY AMONG WAR SOCIETIES CAUSES CLASH Head of “Veterans of Foreign Wars” Says That D’Olier Prevaricates NO CRITICISM PERMITTED Ill-Feeling Between Organiza- tions Must Be Kept to Selves, Says Fordney Washington, March 3—Another row | occurred today at hearings before the house w: and means committee on soldier relief measures. It came when Edward H. Hale, representing Veter- ans of Foreign Wars, told the com- mittee that statements made -yester- day by Franklin D'Olier, commander of the American legion, were “erron- eous and should be contradicted.” A storm of protest resulted, but Chairman Fordney restored quiet by maintained “we will quit these hear | | 3—Four || | jattorney general’s office, “ASSAULT UPON if “BRUIT TRUST” RESUMED HERE Notable Array of Counsel Rep- resents Local Houses as Defendants WOULD REVOKE CHARTERS State €ontends Gamble-Robin- son and Stacy-Bismarck Restrain Trade eae The so-called “fruit trust” trial, in- volving the Gamble-Robinson Co. and city, was reopened this morning in district court here before Judge W. L. Nuessle. The action is to deter- mine whether these companies com- bined to fix prices in the local terri- tory. will be revoked and they will be pro- hibited, from continuing business in the state. Records By Truck-Load The imposing array of counsel was only exceeded by the imposing array of books, papers and other records used in the conduct of the businesses for the past six or seven years. Al- bert J. Sheets, Ji., representnig the which is prosecuting the case, ordered repre- sentatives of the two companies to bring their sales slips, journals and ledgers covering the period from Sep- tember, 1918, to 1920 to court. These records required a truck to transport them from the places of business of the companies to the court house. Olson First Up The trial opened at 10 a.m. J Sheets piaced A. B, Olson, manager of Gamble-Robinson Co. of this city, on he stand for —cross-e: After a few questions regarding th ings,” NO, CRITICISM PERMITTED Representative Treadway, republi- can, Massachusetts, said the commit- tee should not permit criticism of the American legion. adding that “evi- dent rivalry exists between various associati “Criticism = mu be permitted if we get anywhere,” interjected Repre- sentative Gardiner, democrat, Texas. After five minutes of wrangling } among members, during which sev-} ral started to leave, Chairman 'Ford- ney ruled that witnesses should not criticize other organizations. YANKS COMPLETE EVACUATION OF SIBERIAN POSTS London, March 3.--American } troops have virtually completed their evacuation of Siberia, the soviet government reports from Moscow. The wireless dispatch, from the Russian capital said that “the last American detachment evacuating Siberia” had reached Vladivostok. GRAIN MARKETING PROBLEMS TAKEN UP AT THE FORKS Grand Forks, NN, D., March 3.—In- formal conferences on problems of grain marketing marked the morn- ing session of the annual convention of the North Dakota Farmers Grain Dealers’ association in session here today. A demonstration of grain grading by R. C. Miller from the Minneapolis of- fice of the U. S. Grain corporation ig scheduled to take place this aft- ernoon. system of bookkeeping used by the company, Mr. Sheets requested that the trial be adjourned until, 1:30 o'clock this afternoon to permit the witness to bring the books and other records to court. At the same time the Stacy-Bismarck Co. was ordered to bring similar recor FORMIDABLE COUNSEL formidal of connsel was jstant Attoriiey this morning district court EK. Sheets, he renewed in when here his fight to secure the cancella tion of the corporate charters of the Gamble-Robinson td the Staey-Bis- marek fruit companies, on the alleged grounds that they s out of bus! ness Murray & Mclean, a. rival fruit house operbting i yBismarel: and thus violated ‘the provisions North Dakota’s anti-trust act of 1917. The xoqon originated in’ distrief court here, was appealed on a demar- rer by the defense, allegiug that the state, had erred in’ instituting civil proceedings, when the offense alleged. it was contended, was of a criminal nature, and was remanded to the local court for tyial when the supreme court overraled the defense’s demurrer and held with the state as technica} propriety of the line of pre seedure adopted in the prosecution. The state alleges that an illegal combination in restraint of trade was maintained by the two defendants, and that as a result of such illegal combination, price ng and pri cutting, the independent Bismarch house was put out of business aud legitimate competition was suppress- ed. The defense entered a complete denial of all charges, and introduced brifes and oral arguments purportins to show that the Stacy-Bismarck and Gamble-Robinson = companies — were legitimate competitors, and that. ‘no agreement or iflegal combination such us the complaint alleged existed. The state prays first the diksolu- (Continued on Pag Seven) the Stacy-Bismarck Co., both of this| If found guilty their charters! to the! i I i | | i | | i amination, | !elepgraph eisympathy with the railroad men who | | NEW FEDERATION T0 REPRESENT THE MAN WITH HIS FEET IN THE FURROW, DECLARES PRESIDENT Agriculturists Heretofore Misrepresented By All Sorts of Organi- zations and Men Who Were Not Real Farmers—Painted as Radicals When Not Two Per Cent of Them Stand for Townley- Plumb Plan Chicago, March 3.—The nation- al farm bureau federation, said to be backed by 700,000 farmers in 28 states, which held its first meeting here today, will repre- sent “the man with his feet in the furrow,” J. W. Howard of Clemons, Ia., temporary presi- dent, said today. Action was taken to establish a general office in Washington and another in the middle west Indianapolis and Chicago being ! among the chief contenders for the latter office. “Heretofore the farmer has been misrepresented by all sorts of organizations and men who were not real farmers.” said Mr. Howard. “They have been paint- ed as radicals, [I do not believe for instance that two percent of the farmers of this country are in favor of the Plumb plan for con- trol of railroads which they were represented as favoring in the farmer labor congress recently held here.” j PORTUGUESE WORKERS FOR SOVIET RULE Madrid, March 3.—Reports from the Portugese frontier to- | day declare that the workmen in Portugal have proclamed a soviet republic. The postal, the tele- graphic and other workers are said to have joined the railroad men in the move. The news, which reached here from the border by telephone, has not been | confirmed. A strike’ of all es of the Portugese railroads announced in a dispatch from Tuy, Spain, on the Portugese border Tuesday. The strike began Monday night. The message said it was believed all the postal and inployes would strike in were demanding an increas in wages. "THREE INCHES OF SNOW FALLS HERE] Weather Will Be Warmer To- 1 charged morrow Is Prediction — ® A snow storia gcneral all over the state deposited three inches of snow in the Bismarck territory last night} and sent the thermometer to a min.) imum of 4 degrees below zero. The mercury is expected to rise to 10 de- Thurs-} grees above this afternoon. day will be warmer, the weather bu- eran predicts, The temperature at Devils Lake was 6 below at 7 o'clock this morn- ing and there was 2 slight snow fall! there last night. At Fargo, a light snow was falling. this morning with) zero temperature. Jamestown report- ed three inches of snow with a min- imum temperature of 5 degrees be-; low zero last night. BIAZZARD AT ‘DULUTH Duluth, ch 3.—A regular old- fashioned blizzard is on the way from the northwest. Temperatures through! the northwest last night dropped as low us 29 and 24 degrees below zero. FIFTEEN MORE DEFENDANT@IN | MICHIGAN FREE Grand Rapids, Mich. March 3.—j Fifteen more defendants were by Judge Sessions in the ‘Newberry election conspiracy trial today. This left the field at 35 de- fendant: The fifth count of the indictment was also dismissed, This was the one founded on federal statutes of October 16, 1918. MAN WHO FOUND THE NORTH POLE BURIED AT ARLINGTON 4 ‘ Washington, March 3.—While the flags of the nation drooped at half-mast, volleys from the guns of American seamen cracked and a bugle droned taps at Arlington National Cemetery where Admiral Robert E. Peary, discoverer of the North Pole, was buried. The grave of the man who carried the Stars and Stripes to the uttermost limits of earth is near those of other heroes America will never forget. | | \ i | | i i \ | ( i ; tung reservation to the peace t jers predicting a prompt vote. two republican reservations affecting | dues FRAZIER TAKES HAND IN TRIAL OF BRINTON ACT Governor Demands Opportunity to Present Argument in Favor of Measure TO BE HEARD MARCH 18 Through the intervention of Govern- or Frazier yesterday afternoon, the ‘newspaper trust cause, appealed from a decision of Judge Crawford in the sixth judicial distriet holding the Brinton official publication law wicon- stitutional, will be orally argued be- fore the supreme court. insternd of being submitted on briefs, as both original parties to the controversy had previously stipulated. Governor Fra- ier, arguing that the action was one of great public interest, in which, the rights of al) the people of North Da- kota were involyed, petitioned the court through W. A. Anderson, sec- retary of the state industrial com- mission, for permission to intervene quest was granted by the court, and March J$ was set asthe date for arguiagnt, - is ‘ ¥ The action originated through the refusal of the Grant county board of county commissioners to recognize the Brinton act. which requires all coun- ty proceedings and other official no- tices and public printing to be bestow: ed upon one “ofticial’” newspaper, designated by the state printing and publication comni om. Instead of do- ing this, as the other county com- missions of the state did, the Grant y board designated three official newspapers, as provided for the acts which Brinton law, ssed by the sixteenth assembly, re- pd. mothy Daly, a pioneer Grant coun- en, instituted a friendly suit against the board as a means of test- ing the act. The action was heard betore Judge Crawford of the sixth judicial district’ at Dickingyon. He held that the Brinton, act violated three distinct sections of the state constitution, and that it was there- fore null and void. Daly then ap- pealed to the supreme court. — At- torneys E. R. Lantermann and John F. Sullivan. representing Daly and the Grant county commission, respectiye- ly, by stipulation last week agreed thit the © should be submitted to the supreme court on briefs and not orally argued. As a result of Governor Fra zie intervention, it ix expected that exch side to the triangle will present oral arguments March 18, ‘ SHANTUNG PACT BEFORE SENATE —The Shun Washington, March id The was before the senate today with the Monroe Doctrine and domestic ions were readopted yesterday, the former drawing seven and the latter five more democratic votes than they received in November. LEAGUE BANK CASHIER OUT Fargo, Mare cashier of the S » RK. Sheru: andinavian-Amer an. uu institution yesterday. a mouth ago. accor ment at the bank. M WH. J. Hagen, the pre recently convicted of vic laws, also was arrested on a simi charge at the time the bank closed several months ago. having resigne 1 ny to announce- Sherman, with the } charge is pending in the Cass county: district court. No successor been elected, LUMBER OFFICES’ TAG DAY; YEGGS GATHER IN $675 Minneapolis, March 3.--Safes in branch offices of three lum- ber companies in Minneapolis were robbed during the night by burglars who obtained cash total- ing $6 Combinations of the safes were knocked off with ham- mers in each instance. Police said the same burglars probably robbed all three lumber com- panies. = to Mr, Sherman has i The and present oral arguments, which re-| FIGHT 10 STRIP KAISER OF HIS ESTATES BEGUN Majority Socialists Vie With In- dependents in Denouncing Wilhelm NOT DYING BLAMED FOR Deputy Grenn Declares Former Ruler Did Not Live Up to Traditions Berlin, March 3.—The fight to de- pnive the former emporer of his prop- erties and fortune began today when the motion of the majority socialists of the diet to refer the issue to the national assembly precipitated anac- rimonious debate. The majority so- cialists vied with the independents in denunciation of the former ruler in an effort to defeat the proposed set- tlement by accomplishing the confis- cation of the Hohenzollern posses- sions, This would be done through constitutional amendment voting the former emporer a fixed sum for his maintenance. Deputy Grenn, a majority socialist, declared that the ex-ruler had failed to live uw to the historic precedent of his race. He had not died at the head of his troops. He choose in- stead, the reputy continued, a mid- night flight to Holland wher3 he “now is promenading and sawing wood.” The judiciary committee now takes the Dill under advisement and con- ferences are expected to last many | weeks. BISMARCK BANK IS REQUIRED TO HAVE A LARGER CAPITAL Increasing Business of Institu- tion Results in Bigger Cap- italization bank of y has been inci 000 to $100,000, perm ction being granted 5 day by the state banking authorities. ‘The directors of the bauk decided on this action at the annual meeting of the institution held last month, bank now has a surplus of 3.000 and the increase in capitaliza n was needed to take care of the enlarged business of, the, institution The bank has heen growing very rapid- ly and its increase for the past year, according to its latest statement, is the greatest in the bank’s history. At‘the annual meeting the directors were re-elected. The directorate con- sists of T. C. Power, Capt. I. P. Baker and Benton Baker, There were no changes in the list of officers of the bank. ANARCHISTS HALT WORKERS’ ATTEMPT TO RESUME WORK Milan. March = 3.—In compliance with orders from the socialist leaders workers, who have heen on strike, at- tempted to resume work yesterday. but anarchists groups attacked factor- ies, the tramways and stores and com- pelled a continuation of the striké Radicals siezed a number of Milan establishment: and proclaimed a soviet, but were expelled by military forces. An attack on the Inbor ex- change by anarchists was repulsed by the troops. for SOCIALIST FIRST WOMAN MEMBER OF DUTCH ASSEMBLY | The Hague, Tuesday, Mareh 2.-- | Mrs. Pothuis Smit, a socialist, will be {the first woman member of the upper house of the Dutch parliament. She was elected to the north Holland provincial legislature at Haarhin to- day. Mrs. Smit defeated the only male candidate by two votes. Wom- en have for some time heli seats in the second chamber. MOTOR JAUNT Washington, March 3.—President Wilson went motor riding today, the jfirst time be has been out since he returned to Washington from his western tour last October a very sick man. The president was accompanied by Mrs. Wilson, Dr. Grayson and secret | bank, severed his relations with the} Service men and took a spin along the Potamac. A closed car was used. Photographers, who waited several | weeks for the president’s appearance in public, were prohibited by the po- lice from taking photographs. The president kept his cap in his hand. |DOGDEN GRAIN | ELEVATOR LOST Douglas. N. D.. March The At- jlantic elevator was burned to the | ground Tuesday afternoon by a blaze {originated from the explosion of a llantern in the pit of the plant. The | flames were communicated to the Soo {depot and the Minnekota elevator, but |hoth of these structures were saved | There was little grain in the Atlantic | elevator. but the loss on the building | will be $10,000 or more. KILLDEER ) 3.—Before a large crowd of siastic rooters the Hal- liday basketball team defeated the Killdeer team Saturday night by a score of 382 to 16. | HALLIDAY : Halli