The Bismarck Tribune Newspaper, April 20, 1920, Page 1

' ‘ THE WEATHER Uneettied. 6 THE BISMARCK TRIBUNE == THIRTY-NINTH YEAR 2 osu NORTH DAKOTA, TUESDAY, APRIL 20, 1920 : PRICE FIVE CENTS WILL FIGHT SOVIET RULE IN BUREAU’--WEH the ntotnatemnene tents! CE ae) ‘ SUPREME COURT | UPHOLDS BRINTON LEGAL PUBLICATION BILL. NEWSPAPER LAW IS VALID SAYS COURT Two Judges, Grace and Robin- son Uphold League Measure CHRISTIANSON IN- DICATES POSITION . Birdzell Declines to Go Into! Constitutionality i of Act | | | Under the new law that it takes four | out of five judges to hold a law un- constitutional, the Brinton legal news- | paper act was held valid today by the supreme court, Justices Grace and Robinson wrote the opinions. . Justice Birdzell in his opinion does not indi- cate any stand'in view of the fact that the two opinions upholding the law are binding under the constitution, Justice Christianson in: his opinion intimates that he is of the opinion that the law contravenes the constitution. but he writes no special opinion nor does he disgent from’ the opinions of Grace and Robinson. This decision has been expected for sometime. Justice Robinson has never made any secret where he stood. He has. taken the position that it is not the function of the court to over-ride a popular referendum. This bill was voted upon at referendum election to- ~ gether with several more league pro- gram measures. The opinion assures the legal pat- ronage to the papers appointed by the printing commission until next Novem- ber when the people vote upon one paper for each county to print all legai notices. This measure was hotly contested at the last session of the legislature. Farmers - organized. stock - companies under ;league auspices and in eack county is a legal paper supportec largely by revenue secured by county patronage, insurance statement and |. general legal notices. y.3 notices, GOVERNOR TAKES TOWNLEY RIDING IN ATR MONDAY Frazier and Founder. of “Town- leyism” Enjoy Trips Over Their Domains ‘ Governor Lynn J. Frazier, follow ing his airplane ride to Wabeck last week, -has become such an ardent aerial fan that he invited his illus trious friend, Art Townley, president of the National Nonpartisan league | and known far and near as the man} who made the word “Townleyism” famous. aw | Monday afternoon, following ‘the governor’s regular weekly luncheon. | he and Friend Art went out to Fort Lincoln where Lieut. C. J. Cameron | parks his two-seated biplane. Gover- | nor Frazier was the first to climb | aboard the ship and take his place | in the front seat. Lieut. Cameron experinenced little difficulty in g ting off the ground and soon the gov- ernor was making huge circles over | Bismarck and the capitol building. No stunts were attempted and the plane soon descended to earth again. “The” Townley was the next passen ger. Art, being more slender and sylph-like than the governor had | little difficulty in worming his way ; into the nayrow cockpit under the; wing. Realizing that the great cause | of humanity was wrapped up in the} frail body in the front seat, Lieut.) Cameron picked out a carefully chart- ! ed course, avoided all bumps and de-} pressions’ in the atmosphere that | might irritate “The Townley and! ‘after giving the master of the 'Non- partisan league a chance to view his domains from the air, gently deposit- ed the founder of “Townleyism” on terra firma, The air was very chilly and there was a gusty wind blowing, but both men, said they enjoyed the trips im- mensely. MRS. THAW SUED FOR DIVORCE BY DANCING PARTNER New York, April 2 20- —Papers in an: action for divorce were served on Mrs. Evelyn Nesbit Thaw now Mrs. Clifford last night in her home in West Fourth street. Clifford, who was for- merly his wife's dancing partner in’ vaudeville, named an feattd - core- spondent. The wife admitted to! a reporter that she had been served with the papers. ‘SNOW BLANKET "Test Vote Upon League of Nations i MEN ON_RAIL TABOR BOARD * in Georgia Primary Atlanta, Ga.. April 20.—With the re- ; sult generally regarded as an expres; sion of sentiment toward, the league of nations and the Wilson‘administra- tion, Georgia democrats today were balloting in the state wide presiden- tial preference primary. Candidates for support ot the state delegation at the San Francisco convention were Attorney-General Palmer described as the Wilson candidate and an avowed proponent of the league of nations as ftrdmed at Versailles and Senator Hoke Smith and Thomas E, Watson. Senator Smith supported the republi- can reservation to the league conve- nant while Mr. Watson is opposed to the league in any form. OVER SEEDED AREA OR STATE Seven-and-half Inches of Pre- cipitation at Ellen- | Jack | dale GENERAL IN NORTHWEST Prediction is for Slightly Warm- er Weather To- morrow North Dakota’s seeded area—in fact the efttire state, is under a blanket of snow ,which will be of inestimable value, especially in the Red River; valley and over most of the Missouri Slope where seeding operations have been general the last two weeks. In Bismarck there were two-and- one-half inches of snow. Some of it! remains, but most of the precipitation melted and ‘was soaked up,. providing the best kind of moisture for this time of the year and for the farmer who |. was fortunate to have some of his seed in the soil. At Ellendale seven-and- one-half in- ches of snow was reported and five inches fell at Wahpeton.’. The storm was general all over the northwest, as far east as Chicago and it swept slightly southward. At ‘Napoleon three inches of snow was reported. Out in Williams county the farmers are us- ing their sleighs for tranSportation. The weather bureau predicts that the snow will turn to rain toward (Continued on Page Three) TAX PAYERS SUIT IS BEFORE SUPREME COURT Judge Young of Fargo Appears for Plaintiff—Langer De- fends League Program | | Washington, April 20.—The supreme court yesterday heard arguments on the suit brought by North Dakota tax-/ payers against the state’s industrial program, which has’ been carried | through the federal courts of North! Dakota up to the nation’s highest | tribunal. The suit has been brought to test the constitutionality of the in- dustrial program and whether the} state can enter commercial and indus- | trial pursuits. | Attorney General William Langer is\representing the state in defense of | the program, together with William | Lemke and Attorney Frederic A: Pike: | Judge N. C. Young. Tracy Bangs, Judge W. C. Nuchols and Claire F. Brickner are representing the taxpay- ers. Opening. arguments were presented | by attorneys for the complainants | while those representing the state in the action filed a printed brief with the court, which outlined the history of the suit, as well as the enactment of the industrial program by the pres- ent administration and the Nonparti- san league leaders. It is expected that arguments will continue before the court for the next | few days after which the court will take the matter under advisement and hand down a decision later. NEW YORK PLANS WAMES av FORREST. Ere ir TOWiLEY TICKET TO BE ELECTED HERE Burleigh County Club. Has Formed Strong Organiza- tion for Hot Campaign Under the direction of H. P. God- dard, ‘the chairman of the organiza- tidn, assisted by pthers interested In the movement, the Burleigh County Anti-Townley club has prepared a working organization which has among its various chairmen and direc: tors some of the feading men of this county. The club will soon start on an ac- tive campaign to elect the ticket it en; dorsed at the county convention held here several weeks ago. From every part of the county, those who have been whipping the organization into shape have received splendid support and indications are that the, club will be one of the.strongest anti-Townley ‘political organ ions‘ in’ the state. “While it is a little early to predict anything, yet I am confident that Bur: leigh county will return a majority against the Nonpartisan league candi- dates, this ye said one m: in close touch with the club's aff day. “The Burleigh County receiving the support and endorsement of the leading men in the country and city and it is prising how great the sentiment against the league can- didates really is. ' “We intend ‘to make our biggest fight on the legislative ticket. If every county. in the, state does as well as Burleigh county undoubtedly will do. the next state legislatare will not be dominated by A. C. Townley and men of his stripe. While we are going to work hardest for the electiqn of the legislative candidates, yet we are not Zoing to ignore the other candidates on our tickets.’ What we want is a 100 percent victory next November and nothing less than that will satis us. Every man in Burleigh county en- dorged by the league convention is go- ing to be defeated. Various . committees are to named and the organization of the club is expected to be completed be- fore the end of next week. BACK “70 OVERALL MOVEMENT”: PARADE CHIEF FEATURE | New: York, April 20.—Headquarters ; | for the organization of a.mammoth | cverail parade to be held next Satur- | day were opened today by the Cheese | facturers district in. lower Fifth ave- nue. Fancy as well as, plain overalls will appear in the parade. One firm in- serted advertisements in newspapers She declared she would defend the: club local lodge of the back to over-| today offeting denim. “customed tail- suit. Since she retired from the vaude- | ville team of Evelyn Nesbit and Jack | Cliffogd, she has been appearing fre quently in the movies with her son | citysto register for the protest parade | and afternoon gowns” Russell Thaw. | alls movement. | The club issued invitations to all | organizations and individuals in the | which will invade the clothing manu- | yer in stylish and spring and sum- ‘mer models “at $10 and denim Tux- edos for evening wear at $12. © also offered “modest evening edding of calico and gingham at $15.” be! GN.W, HANGER AO. WHARTON _ Hunt and Hangar are representa- tives of the public; Wharton, Phillips j and Forrester of Jabor, (CATHRO JUMPS ~ FROM ONBJOB ~~ INTO ANOTHER se aaa Resigns as Director General and is Made Manager of Bank ‘ | of North Dakota STILL GETS $10,000 A YEAR ’ F. W. Cathro.: who, resigned as director general of the Bank of North Dakota to accept the office of man- ager of the Bank of: North Dakota, is still getting $10,000.a year. thro’s resignation and subsequent ap- pointment were made April 9, it was ! announced here today.” J. R. ‘Waters, who was the first manager of the bank, resigned April 4. because of “press of private business.” By ‘resigning one position and_ac- cepting the other, ex-Director Gen- eral Cathro has merely change¢ over- coats. Although Jim Waters only re- ceived $5,000 from the state for man- aging the bank's affairs, the . new manager’ still receives the highest salary paid by the state of _ North Dakota to any of its servants, that of $10.000 a year. This is the same salary Cathro received when he sport- ed the title of director general. In connection with Manager Ca- thro’s latest appointment it is inter- esting to note that students of the sent political muddle in North Da- kota claim that Cathro today is Gov- ernor’s Frazier’s closest. confidant and that no other person in the Non- | vartisan league, not even A. C. Town: | ley himself, is regarded as highly by Governo: as Fred W. Cathro. The situation among ‘the employes of the bank regarded: as sizzling. No more decapitations have been Te- corded since Roy Halliday “resigned” by and with the consent’ of Mr Ca- | thro. However, several department heads at the bank are Sondering whether the separation from the bank payroll is an immediate probability. Manager Cathro, since assuming his new title, but old salary. has been issuing various bulletins to the: | bank’s employes on what time they should report, what they should and should not do and other rules for the guidance of employe’s conduct during | office hours. In this he is assisted | by the well known Prof. W. G. Roy- | lance, who has the position once held | Halliday, that of director of pub- | ty and statisties. The bank job| as far as Mr. Roylance is concerned, however. is only a side issue. His principal occupation at the present time is telling the readers of the} | Nonnartisan League Leader why | North Dakota taxes are so excessive | and such a heavy burden on the far- | | mer. Chuckles can be heard up and | down the capitol’s spacious corridors | whenever ‘Manager Cathro breaks in- to print with-a denial of any friction between the present. manager and the former manager, Jim Waters. “No | ‘more friction than betwéen McDonald | and Wehe,” is the remark continually heard. COUNTY AGENT RESIGNS Killdeer, that Pan] Busenbark has_ resigned | from the position of County Agent, to! take effect May 15th, and has taken the formanship of the “Diamond C”; ranch, owned by W. L. Richards. Paul has a lot of friends, formed through his work, who regret his leaving the county job but wish him/the best of success in his new place, Mr. Ca- | April 20.—It_ is rumored | _| STRIKE FEVER: _ GETS SET-BACK IN CHICAGO Railroad Clerks Decide to Await Arbitration of Differences in Washington FREIGHT BEGINS TO MOVE Four Leaders .Including John} Crunau Landed in County Jail Chicago, April 20—Strike fever among railroad employes suffered a set back when Clerks and 8,000 freight handlers in the Chicago district an- mit hearings of their wage demands by the railroad’ labor board at Wash- | ington. ‘i The district council of the brother- hood of railway clerks which includes | treight handlers voted last night against an unauthorized walk-out af- ter receiving an appeal from James J. Forrester, head of the brotherhood and a member of jthe local board, to await legitimate adjustment of their grievances. . Freight movement m the Chicago district hampered by the unauthorized yardmen’s and enginemen’s strike con- tinued to increase today and else- where in the middle and far west traffic ‘conditions were returning to normal. Four Chicago strike leaders includ- ing John Grunau president of the Chi- cago yardmen's association were in jail pending hearings on charges of violating the Lever, act. District Attorney Kline announced that warrants would be issued for strikers who assumed the places of the 25 arrested leaders. ‘SLOWLY UNTANGLING New York, . April. 20.—New York was slowly untangling- itself today from tie snarl of congested raflway. traffic resulting from the unatithorized rail strike. Notwithstanding optimistic ' claims of the railroad managers both passen- ger and freight service on several lines were reported to be crippled. ‘Volyn- teers were used by Some roads to run passenger trains. Partial resumption of traffic in the tubes under the Hudson river today brought relief to thousands of com- muters who had been forced to rely on ferry transportation for more than a week. MAKE DEMANDS Washington, April 20.—Formal writ- ten demands that the railroad labor board give assurance of the award of a “living wage” to railroad men and that the employes now on_ strike would be returned to work without loss of seniority or prejudice were filed with the board today by Edward McHugh, representing the strikers in the Metropolitan district of New York; and James Eubanks, of the St. Louis Yardmen’s association. Spokesmen for the railroad brother- ‘hood objected to the filing of the de- | mands but Chairman Martin said any- body had the right to file complaints with the board, but it was for the board to.decide whether they were such as ‘the board was authorized to | hear. The board permitted the filing of the | | complaint after‘it held a short execu- tive session. With the complaint in | the hands of the secretary the board proceeded with its first public hearing on the general wage demands of the | 200,000 railroad workers over country. | DECLARATION IS 70 BE MADE UPON GERMANY | Must Gansiveat ao Once | With! Terms of Versailles Peace Treaty | | Paris, April 20.—The allied powers | concerned now have approved the principle of, collective representation to be made to the Berlin government | regarding the execution of the treaty | of Versailles and the charges in the | affairs of the several allied nations | will probably be instructed to call at once at the Wilhelmstrasse and de- liver the declaration. The declaration is not regarded as an ultimatum as probably no time She will be given to understand. how- ever, that as a disagreeable alterna- | tive to compliance with the terms of the treaty regarding disarmament the relations reestablished by the treaty Strong representations will be made ikewise regarding the continuance of insurrections in Germany and the prospects will be held out of with- holding food and other necessities in the event of the development of a | counter revolutionary movement. i Se | Bathing in ‘Nevada has been pro- ;nounced a luxury by the United | States government. nounced ,today their decision to per-! SERVES NOTICE ON FRAZIER THAT HE WILL TAKE LEGAL STEPS TO HOLD. HIS POSITION Declares that He Refuses to Have Workmen’s Compensation Ap- pendage of State Federation of Labor. Fund of $500,000 Has Accumulated. Hearing Demanded by Suspended Employe. D. J. Wehe, member of the Workmen’s Compensation Bureau, in reply to an order from Governor Frazier suspending him from office immediately, refuses to vacate until he is legally removed. He demands a hearing and states that “he will fight the soviet |rule” in the bureau to the bitter end.* In an interview with The | Tribune he says that it is a question of whetHer the bureau shall lbe dominated by federated labor as represented by S. S. McDon- old, his fellow member, or run in behalf of all the people. “A soviet rule obtains in the bureau,” he says. “It resolved itself into whether -Governor Frazier should | break with the labor machine under McDonald or with me and he decided to break with me,” The hearing which Mr. Wehe demands will reveal the bad | blood that has existed in the bureau since its organization. Mr. | Wehe maintains that Mr. McDonald has attempted to make the bureau an appendage of the radical wing of the labor element in the state and that working through that element he has accom- the | | limit will be set for Germany's reply. | allies will be unable to continue the) plished Mr. Wehe’s suspension. FROM OFFICE BY FRAZIER In Statement to Courier-News Declares that He Neglects Job ON COMPENSATION BUREAU Alzo “Takes Exception to Faet tices Law L. J, Wehe hag been’ suspended by Governor Frazier according to Courier News, officiai organ of the nonpartisan league. ‘Ihe story as, it is told by the league organ is as’ fol- Sommissioner L. J. Wehe of the workmen's compensation bureau was suspended from office today by Gov- ernor Frazier, pending his resignation or answer to charges made against | his. conduct in of Mr. Wehe S| given until April 22 either to resign | or make his defense. “The charges made against him by Governor Frazier as grounds for re- moval deal chiefly with the fact that Mr. Wehe insisted on engaging in private law practice, in spite of the fact that the’! workmen's compensa- tion Ihw requires that the full time of commissioners be devoted to offi- jal duties. While such practices were | jindulged in by politicians of former | j administrations, Governor Frazier has sisted that 0 jals whose full time | is required by law drop all outside | occupations. | | | “It is also charged that Mr. Wehe's relations with other members ai the employes of the workmen \ | pensation bureau given rise to} friction that has seriously hampered | the work of the bureau in performing | its functions. It is said that Mr. Wehe has been twice given the opportunity to resign gracefully, but has elected not to do so. \ | Keeps Up Private Practice “Governor Frazier’s letter.-to Mr. | Wehe follows: “ ‘Jevidence has been presented to me to the effect that since your ap- | pointment and qualification as work- | /men's compensatidn —commi ner | and during the period that you have | been cting as such commisioner, | ae drawing the salary of suc com- ion with this pri- | | vate you have had} stenographers in the employ of the workmen's compensation bureau doa |large~amount of stenographic work | during the time which they should} have devoted to the work of the} | bureau, and for which they were paid | iby the bureau; “That for such stenographic work | you have used the office supplies of | the bureau, and that by reason of the fact there has been great delay in | the work of the bureau, and particu- larly in the adjustment of claims | vhich come to the bureau for ad- | justment under the law. Lacks Executive Ability “That thru the lack of executive ability, irascibility, incompatibility of temperament and lack of compre- hension of the spirit of the work- men’s compensation Jaw, and by your general inefficiency you have been a detriment to the bureau and a handi- cap particularly to the work of the claim department of said bureau; “ ‘That at the public hearing con- ducted by the minimim wage com-) mission held during the months of February, 1920, you conducted your- self in a manner detrimental to pub- lic interest, being tactless in the ex- amination of and disrespectful and | offensive to a number of the witnesses (Continued on Page Three) S \ yMatter as this. that Office-holder Prac- | the |! RS od Wehe’s Reply. WEHE BOOTED Bismarck, April 20, 1920. | Governor Lynn J. Frasier, Capital Building, Bismarck, North Dakota. Dear Sir: I have received your favor of April 19th, 1920, and wish to say that I am | very much surprised at the tone of its contents, and had at least expected the general courtesies shown in such matters. Your statements are too gen- eral and I must have something more specific. to act upon in” so serious a I deny the contents of your letter in answer thereto. I most respectfully refuse to hand in my resignation under the circum- tances and demand a hearing, ‘and shall exercise the duties of the office until 1 am legally removed therefrom. TI deny your right to suspend me from office as you have attempted to do by-your letter until final -determin- ation of this matter. pay, Respectfully, ¢ / L. J. WEHE, Commissioner of the Workmen’s Conipensation Bureau. Throws Bomb. Wehe has thrown @ real bomb into the league machine and this and other complications are responsible for Townley’s appearance on the scene. Mr, Wehe has been identified with the progressive republican wing and was appointed from Devils Lake. Re- cently at a heated interview over the bureau's policy, Mr. Wehe declared flatly that “he was not a socialist and that he would not stand and see the bureau organized under a soviet sys- tem.” Two More Members: Theother member of the bureau is John Hagen who takes very, little part in the management. Under the new law_effective July 1, two members are to be added: Insurance Commissioner | Olsness and one member who is sup- | posed under the law to represent “the public.” Mr. Wehe maintains that his remov- l is the first step of labor to gain control of the operations of the bureau and that Townley is in sympathy witn the move as he believes that the strength, he has lost in the country must be ‘made up from,the labor ranks in the c The contention, {is that with Olsness coming on the board au- tomatically next’ July and a third | member to be appointed. the chances of S. S. MeDonald holding — controt would be seriously jeopardized. Has $500.000 Fund. The bureau has now accumulated 2 fund of $500,000 which under the law , is at the absolute disposal of this bu- reau and a\powerful agent.to poputar- ize the Townley machine among ine wage earners, csnecially those in in- dustrial pu There has fisen much fire directed at the rates established by the burean and it has been more or less of a form center ever since it was organ- ned. Frazier Silent. Governor Frazier's office had ‘no statement to give out in reply to Com- missioner Wehe’s \refusal to vacate the office. Lemke, the chief adviser !to Townley is in Washington arguing the tax payers suits, and it is not éx- pected that anything will be done in the interim. ‘ In his letter Gov. Frazier complains that Mr. Wehe continues to practice law as a side-line. Mr. Wehe says he did so merely to clean up some mat- ters that were hanging fire when he was appointed and that Frazier se- lected him knowing this condition. Attention is also called to the fact that Joseph Coglan, state librarian, a mem- | ber of the Frazier kitchen cabinet, has formed a law practice or some kind of a working agreement with States At- torney Ed. Allen. In Free Love Fracas. Mr. Wehe came into prominence re- cently when he went before the Jeague caucus during the extra session\in at- tempt to head off the free lové probe under Rep. Burtness. It seems league officials were very much agitated and called Wehe over to the league hotel and asked him “as an attorney” to take up the league's free love case be- fore the caucus and iron out the break- ers. Mr. Wehe did what he could. (Continued on Page Three) 6