The Bismarck Tribune Newspaper, May 17, 1920, Page 1

THE WEATHER Generally Fair K TRIBUNE LAST EDITION BISMARCK, NoRTH DAKOTA. MOND » MAY 1, 1920 PRICE FIVE CENTS APPROVE BRID 5 we E CONTRACTS GOOD ROADS BOOSTERS READY FOR TOUR BISMARCK MEN JOIN NATION-WIDE. CRUSADE FOR BETTER ROADS AND | DEVELOPMENT OF MOTOR EXPRESS Merry Gasoline Party Will Start on 345-Mile Tour | Tomorrow at Crack of Pistol—Seventeen| Towns to be Visited National “good roads—ship by In every state in the nation truck” week opened today. the week is being observed. Thousands of business men are leaving their desks in scores of cities to carry the message of good roads and spread the eco- nomic value of shipping by truck. The business men of Bismarck, responding to the national call, ; have volunteered to spread the message in the territory southeast of Bismarck. Business men in seventeen towns which the Bis- marck “good roads—ship by truck” tour will visit will co-operate with the Bismarck party in holding a demonstration in each place. Good roads are the keystone to prosperity for farmer, business man and worker in North Dakota, in the opinion of many of the state’s leading citizens. Trucks Benefit All (Motor truck routes are beneficial :o/ every resident.in the state, they be- | lieve. The: truck is the link between| the farmer and his market, between) the businéss man and the farmer, and| between producer and ‘consumer. Finishing touches were put on the arrangements for the Bismarck ‘boost- | ers’ 347-mile tour,today. At ©.7:30 o'clock tomorrow morning. Fred Cope- ae will fire a pistol and motors will) hui With P. R. Fields leading the mo-| tor caravan as director-general of the tour, the Elks’ band and nearly 100 business men following, an enthusi- astic group will leave on a two-di journey, returning at 6 p, m. Wednes: jay. The Bismarck boosters have out- lined a four-fold program for the tour, with slogans as follows: “Good roads, trade in your own town, ship by truck and ‘Bismarck, your jobbing town.’ ” ‘Lieut. C. J. Cameron, Bismarck’s ‘bird man, will follow the route of the tour in hig airplane, distributin, A erature and entertaining with aerial acrobatics. Automobiles and trucks will ‘as- semble on Broadway, between Third and Fourth streets, early in the morn- ing. The fire whistle will sound a long blast lest some heavy sleeper forget that tomorrow is a day of early rising. Flags Unfurled Each car will carry an American flag, which will be* unfurled in eacu place visited, and. unfurled to the winds as the band plays “The Star ‘Spangled Banner.” In each place visited, the toursters will gather for a program of band imusic and singing, and short speeches on the purposes of the tour. ‘Local business men, who have work- ed for the success of the expedition, are gratified, not only by the number of business Irms, which will be repre- sented, but by the enthusiastic letters received from officials and business men in the towns to be visited.. Many invitations to dinner have been re- ceived and Ashley, where the tour will spend tomorrow night. promises a royal reception. Itinerary The itinerary is as follows: Firms Represented The list of Bismarck firms who will be represented on the tour is as fol- lows: Dakota Motor Co., F. A. Copelin M. B. Gilman Co., M, B. Gilman. Hupmobile & White Truck, Carl Ped- erson Bismarck Motor Co. C. AN. W. Auto Co. Corwin (Motor Co., A, H. Humphreys Hudson & Essex, R. 3. Loubek and Geo. Finnegan ‘Baker-Toppins Co., Frayne Baker Lahr Motor Sales Co., H. V. Jensen and J. C. Anderson International Harvester Co. Fields and J. H. Healow Motor Car Supply Co., W. J. Reibold Maynard Tire & Auto Co. Hanson, Axel Langly and John Hedrix Fisk Tire Co., R. A. Flynn Finney’s Drug Store. Burt Finney Breslow Drug Co., Joe Breslow Rosen’s Clothing Shop, al Rosen S. E. Bergeson & Son, R. M. Bergeson Folsom’s Jewelry Store, Ray W. Fol- som Richmond & Whitney, J. C. Whitney Bismarck Tribune. City ‘National Bank, C. D. Owen First National Bank, A. S. Bolster Johnson's Store, Otto Johnson A. W. Lucas Co., L. S. Andrews Webb Bros., P. M. Webb, R. B. Well John Bortell, Hdw., John ‘Bortell E. A. Brown Grocery, E. A. Brown Golden Rule Grocery, G. W. Little Wachter Transfer Co, Paul Wachter Finch uumber Co., E. H. Howell Carpenter Lbr. Co., John L. ‘Larson Gamble-Robinson Co., A. B. Olson Klein, the clothier, E. B. Klein ‘Nicola Billiard Hall, Solomon Nicola Bismarck Bottling Works, H. F. Kellar Hoskins. Stationary and Florist, Phil Meyers Logan, Grocer, R. P. Logan The Chocolate Shop, H. V, Semling Bismarck Grocery Co., H. J. Dueme- land Bismarck Music Co., J. H. Allerdings Dunham Lumber Co., H. S. Dobler First Guarantee Bank, E. V. Lahr | F. E. Young, Real Estate, F. E. \Hedden } Northern Produce, Carl Nelson Russell-Miller Milling Co., C. A. Baker} & Albert Mayer (Continued on Page Seven) Bertsch Pp, R, ‘LEAGUE MAN FOR DISTRICT JUDGE ONCE DISBARRED | Records Show That Martin C. Freerks of Jamestown Faced Serious Charge IS MATTER OF RECORD Martin C. Freerks of Jamestown has been selected by the Nonpartisan league together with George W. Fos- ter of this cit? to oppose Judge W. L. Nuessle of Bismarck and Judge Coffey of Jamestown... Readers of The Tri- bune dre feferréed to” Volume “Il and page 120, of the North Dakota supreme! court reports, where is recorded the disbarment — proceedings ‘brought against Freerks for fraud. Chief Jus- tice Wallin wrote the decision. In 1901, Freerks acted as attorney for ong Mary Ann Jones in a suit for ‘ the removal of a cloud on a title and for the cancellation of certain taxes illegally entered in the sum of $66.30. To quote the syllabus: “At the request of the accused Charles E. Wolf, an attorney at law- (one of the informants in the action against Freerks) as an act of courtesy to the accusea, gratuitously signed the complaint and admitted service of the defendants answer. and upon the pleadings, obtained the signature of the judge of the district to an order for a judgment in the action. The or- der. in effect, directed the entry of a judgment declaring said tax certificate io be void because the tdxes were as-| sessed on government land, and also! directed that the same should be can- celled as a cloud upon plaintiff's title. | This order was delivered to the ac- cused by said Charles E. Wolfe with the understanding on the part of Wolfe that the accused would frame a judg- ment under and pursuant to the order, and cause the same to be entered by the clerk of court. Subsequently the | accused drew up and presented to the devuty clerk of the district court a form of judgment in said action, which judgment was entered by said deputy | clerk at the instance and on the re- quest of the accused, and the same was entered in the absence and with- out the concurrence or knowledge of said Charles E, Wolfe. The judgment, as entered, granted relief to the plain- tiff as directed by the order for judg- ment, but said judgment, by its terms, also purported to grant other and fur-j ther relief, which relief was wholly unwarranted by the order, and which could not have been lawfully granted under the facts alleged in the com- plaint. Said extraneous relief, as em- bodied in the judgment was couched in the following terms: ‘And the de- fendant is entitled to have the amount thereof, together with interest thereon at the rate of 7 per cent per annum from the date of the tax sale described in the complaint, refunded out of the county treasury upon an order there- for from the county auditor.’ Upon the presentation of this judgment to the county auditor that officer deliv- ered to the accused. who was then the owner of the tax certificate, orders on the county treasurer for an amount aggregating the sum of $66.30. Held, that in procuring said judgment to be entered by the deputy clerk of the dis- trict court. embracing the language above quoted, the accused was guilty! of deceit and artifice, whereby the court was misled and fraudulently in- duced to enter a judgment which the court did not desire to enter, and which it had not. directed to be en- tered.” Fraud By Attorney Held, further, that a fraudulent use was made of said false and fraudulent judgment in the matter of inducing the auditor to deliver the said county or-; ders to the accused. Deceit by Attorney Held, further. that in committing said fraudulent acts the accused was guilty of deceit and unprofessional conduct. within the meaning of sub- division 3 of section 427 and of sec- (Continued on Page Eight) | WASHINGTON GETS| NEW BEAUTY Washington—Countess Bonde, wif? of Major Count Nils Bonde, has been welcomed into the diplomatic set in Washington. Her ‘husband assuined his duties as military attache of the Swedish legation, ONE MORE MAN AT BANK QUITS; CATHRO BLAMED Since Last August, Forced to Leave ‘Like dried leaves in autumn time employes of the Bank of North Dako- ta, not former residents of Bottineau county are being blown away, The next blast of wind from IF. W. Cathro, director general and manager of the bank and grand exalted chieftain of the “We're From Bottineau club,” will see a large number of leaves fall. The latest retirement of a bank ein- ploye because of Cathro’s “temper- mental friction” is C. i’. Tonne of the transit department. Tonne has been with the bank since August, 1919, and has watched with keen disappoint- ment the lowering of morale among the bank employes and the resultant absence of efficiency since General ‘Manager and Director General Cathro has ‘become high factotem of the in- stitution. General Exodus Expected Before leaving for his home in ‘Wis- | consin, Tonne paid his respects to! “$10,000 and meals” Cathro. Tonne predicts that there will be a general | exodus from the bank in the near fu- ture, even though the employes are roll. Cathro’s door. “He's the hardest man I ever came in contact with to get along with in a business way.” said employes in the transit department. But as Cathro has surrounded him- self with department heads who are loyal members of the “We're From) Bottineau club,” the director general and manager is expected to hold on to} his job until next November when the anti-Townley ticket headed by Gover- nor-To-Be William Langer rolls into power. The indorsement and coopera- tion of various organizations and public officials, inciuding the Na- tional Grange, National Auto- mobile Chamber of Commerce, Federal Board of Education, United States Senator Arthur Capper, of Kansas, and United States Senator Townsend, of Michigan, have been enlisted in the present “good road—ship by truck” week: The direct object of the campaign is to create public interest and pr mote legislation on the vitally ‘impor- tant question of national highways. which, if favorably acted upon, will result in better roads, which will in turn serve as a stimulus for progres- sive truckmen to organize and op- erate a system of motor transports, ! utilizing the heavy duty trucks for the longer hauls to a terminal, from! which point smaller trucks could | serve to distribute. Bureaus in 65 Cities The first organized step in the; “good roads—ship by truck” “move: | recently’ C. F. Tonne, With Institution among the best paid on the state pay- | Tonne lays all of the blame at| Tonne, who is the last of the original | LEMKE WANTS T0 BE ON DECK FOR RICH PICKINGS Industrial. Commission is Bait Which Lures Chief from Obscurity LAST DESPERATE STAND William Lemke’ is hardly living up to the traditions of a political boss in accepting an. office... Together with Arthur C. Townley “he has been the Bunty that pulls the strings in this state. Why he is willing to penetrate the veil of mystery and come out into the open just like any garden variety of office seeker is quite apparent. The attorney general is a member of the industrial commission, the body that has under its direction all state own- ed industries. Governor Frazier and John Hagen are the other members of that com- mission and they are. candidates for re-nomination at the June primary. If Arthur C. Townley can carry the primaries’ an the November elections, he has an airtight industrial ‘commis- sion and allied with it a board of uni- versity and school lands which might look with favor upon, the investment of the state’s school funds in bonds of state owned industries, Cards All Stacked The cards are stacked for a des- perate last stand to gather up the few reins of power not yet within the grasp of Townley and his greedy henchman. Everyman who in the past has shown, the slightest in- dependence has been dropped. The Tawnley Teme Rae ane is taking no chances. There fat just be no more ‘| Langer-Hall-Kositzky rebellions. ‘Men have been selected by the league who will take orders and who are able to hear the commands the first time land execute them in true soviet | fashion. Ki There is no surprise at the kind of a ticket the league. machine hand- picked at Fargo last Friday. ‘None of the persons named is conspicuous for his service to’ the state. Dr. Ladd who gets the biggest plum in the endorsement for United States senator has played the game from the very start. His alliance with the Townley machine is the most vicious of all, because he is supposed to have some standing in the profes- sional circles of the nation througa his experiments in the aaulteration of foods.. Since his entry into the hurly- burly of active politics, Dr. Ladd’s standing in educational circles has reached the zero, point. He has pros- tituted his high position as head of the second largest educational insti- tution in the state to play ‘rank par- tisan politics. He has even given Mr. Townley’s political vagaries en- dorsement. Dr. Ladd was in a posi tion to reveal to the farmers of the | State the fallacy of the league pro- | gram. but he preferred to climb on Townley’s utopian band-wagon. Faithful Lynn It was conceded that Lynn J. Fra- zier who only recently returned ‘from New York where he cast his lot with | the admirers of Debs, O'Hare and Berger, would be endorsed for gover. nor. Lemke discovered Frazier’s do- cility when the two played football jat the University. Arthur Townley | sized Frazier up four years ago and | endorsed “Comrade Bill's” judgment. Frazier has stayed hitched perfectly |tor four years and gives no visible warning that he wont be the same earnest servant of the league bosses if elected for another two years. “Bill” yo “Art” made no mistake in en- (Continued on Page Twa.r SHIP BY TRUCK- 6000 ROADS TOUR OF BISMARCK BUSINESS MEN TO TAKE MESSAGE TO FARMERS ment was made about a year ago, j when ship by truck bureaus were es- itablished in sixty-five cities of the ! United States. The purpose of the i |shipper and the truckman, to serve {in the interest of both and to pro- tect the shipper from unscrupulous truckmen who seek to operate a mo- {tor transport system without know- ledge of equitable rates or the pra tical roadways. Maps showing the !locations of traversable roads are reaus. This service alone has been of in- estimable value to both shipper and truckman and has served to encour- age both to redouble their efforts | toward bringing about the recogni- tion an acceptance of the ship by j truck policy as the most practical for !short hauls. The ship by truck movement is not intended as propa- ganda to inspire a competition with the railroads. On the contrary, the plan as outlined is directed and in- tended to assist the railroads, whic Nonpartisan League Leaders | Staving Off Defeat by Run- ning Bishop Bill j bureaus was to bring together the! available at all times at these bu-} LIGHTER “TREATY BURDENS” HIS AIM DR. ADOLF HOESTER __ Dr. Adolf Koester, new German min- ister of foreign affairs, will attend the coming conference with the allies re- garding Germany’s indemnity obliga- tions, and hopes for the lightening of his country’s “treaty burdens.” Koes- ter was formerly a correspondent of the ‘brankforter Zeitung, one of Cer- many's leading newspapers. STREETER SEES LANDSLIDE FOR LANGER TICKET Next Lieutenant Governor: Be- lieves Townleyism is Slid- ing to Oblivion Frank Streeter, North Dakota’s next lieutenant governor—he was endorsed for that office at the anti-Townley re- publican state convention at Minot last week—was in Bismarck yesterday conferring with Attorney General Langer, North Dakota’s next gover- nor—for the same reason. Lieutenant Governor: Streeter to-be is confident that the ways are well oiled for sliding Townleyism into ob- livion at the June primaries. In fact, Streeter is so positive that the anti- league ticket is going to win that he starts Tuesday on a speaking tour of the state which will last until just be- fore the primaries. “With william Langer leading the ‘victory ticket’ of the anti-Townley republicans of ‘North Dakota. our fair state will soon see the yoke of auto- eracy, radicalism, socialism, oppres- sion and injustice destroyed,” said the next lieutenant governor. “I have long felt that ‘Mr. Langer was the logi- cal man to lead the fight against Townleyism. The results of the Minot convention, one of the most indepen- dent political gatherings in the state since territorial days, proves that Langer will have the necessary un- divided support that will be required to defeat Townleyism and all it repre- sents.” Lieut. Street, who went into the army as a private and came out 2 commissioned officer, believes that the “red menace” so optimistic about the results as to ignore the fact that a hard campaign will be required to organize the state as a solid phalanx against the league ticket. “«givery man, whether actively asso- ciated with the anti-Townley organi- bility in tsis campaign that his vote and his influence with his neighbors are the real weapons in the fight,” is | the way Streeter sums itup. is evident from the advocation of shipping ‘by truck on short hauls only, as incorporated in the cam- Grange Aids Movement That the ‘National Grange has promised to support and co-operate | in the movement is conclusive proof that the farmer has visualized the | possibilities of shipping by truck as applied in this particular case. With a/ | trucking system established, arrange: | ments could be made for a daily or| weekly call, by the truckman, for the | products to be marketed and the | armer’s time and the use of his team of horses could be util for work, about the farm, whereas. formerly everything remained at a standstill uct to market. Federal Board of Education hi been enlisted to the extent of the: conducting a ship by truck ess ay | contest, which is open to all high {school students throughout the coun-} | tre. every vote will be needed to defeat | in June and is not} zation or not, must feel the responsi- | slogan,“Ship by truck for short | while he himself conveyed his prod- | The support and co-operation of the | Major Frayne Baker of Work on the approaches and commissioners of Burleigh and work have been adopted by the ture. The Foundation company FEDERAL BOARD MAY TAKE OVER RAIL MOVEMENT Freight Congestion is So Bad That Carriers Seek Gov- ernment Aid TO BE EFFECTIVE TONIGHT Washington, May 17.—The nation’s railroads, swamped with business and not yet on their feet after the long period of federal control, turned hope- fully to the government today for relief. With reports from industrial cen- ters showing several) hundred thou- sand cars held up at junctions and in transit because of insufficient equip- ment and labor, the interstate com- merce commission, clothed with broad powers under the new railtoad law. was expected to heed the appeal of the carriers and take charge of a situ- ation admittedly grave. Freight Tangled Although desperate efforts have been made in the last week to clear up the tangle of railroad freight offi- cials said there were slight hopes of early improvement. So great is traffic congestion, ac- cording to reports and complaints from many quarters, that there is im- mediate danger of wholesale closing of big industrial plants and consequent cut in production. Commission to Act Should the commission find, on the strength of reports laid before it by the railway executives. that the emer- gency justifies it, the orders taking over virtually complete control of the movement of freight probably will be issued today. The first step would be the issuance of priority orders for shipments -of coal, food and perish: ables. WAGE HEARING Chicago, May 17.—Hearing on the | wage demands of 2,000,000 railroad | workers were begun here today with representatives of the railroads man- agers appearing before the railroad labor board, A statement, signed by the heads of seventeen railroad unions, was issued last night declaring that “the question of a break- down of the transportation system of | the nation rests with’ the railroad labor | board.” Both the railroad managers and rep- | resentatives of the railway employes expressed confidence that the board | would arrive at a just and equitable decision with all possible speed. PEACE MEASURE GOES TO HOUSE | Washington, May 17.—The republi- can peace resolution, adopted Satur- lday by thesenate but in different form. went back today to the house | where it originated. Chairman Porter of the foreign affairs committee was | prepared to ask that it be sent to con- ference and there was no indication of opposition. Republican leaders said | the difference would be ironed out so | that it might go to the president this | week. | Democrats and republicans agreed | that the president would veto it, the former asserting that it would die then | through failure to obtain a two-thirds vote for passage. State Gets Trucks The state of North Dakota has re- | ceived eight light motor ambulances from the federal government. They | were used during the war and are giv- \en to the state for the use of the high- | way commission. sion Announces that. Approaches and Big Piers at Once WORK ON STATE WIDE PROJECT WILL COMMENCE IMMEDIATELY: NECESSARY FUNDS AVAILABLE State Highway Commis- Contract Will be Let for The Bismarck-Mandan Missouri river bridge will be built. the piers will begin at once. By | October or November, it is expected, the work of erecting the super-structure of the mammoth vehicle bridge can be started. This decision, reached by a special committee named by the state highway commission and members of the boards of county Morton counties, has been ap- proved by all interested parties, and resolutions providing for the highway commission. The first contracts signed will be with the Foundation com- pany, of Chicago, Ill., for the building of the long concrete ap- proaches and the building of the piers. steel and erecting the super-structure will be let in’ the near fu- Contracts, for furnishing will bring a force of men to Bis- marck, as soon as possible to begin the preliminary work. a Financing Assured The financing of the bridge is as- sured. It is possible that the final cost, which*now appears to be about $1,000,000, will be decreased consider- ably. ‘Burleigh and Morton counties, the state and the federal government already have appropriated sufficient funds to assure that lack of money will not interfere with the completion of the bridge. ‘Bids submitted by nine of the larg- est bridge and steel companies of the country were opened on Friday’ at ‘Mandan and Bismarck. On Saturday, the highway commission and the com- missioners, together with C. A. P. Turner, of Minneapolis, designer of the bridge, and C. A. Charles and 0. A. Ostrander, representatives of the federal government, and highway com- mission engineers, considered the plans. Special Committee Named A special committee consisting of rayne Baker, member of the state highway commission; C. P, O’Rourke, of Morton county; Messrs. Turner. Charles and Ostrander and W. H. Ro- binson, chief engineer of the highway commission, was named to go over ie tabulated figures on the bridge is. The committee worked all afternoon and Saturday evening. The highway commission met and adopted resolu- tions for the letting of the bids for he piers and the concrete approaches. The committee decided not to con- sider the bids on alternate plans, sub- mitted by several companies. The original plans were approved by gov- 2rnment engineers in Washington be- fore thé government annouced that money would be given to aid the pro- ject. The plans were in Washington seven months and the committee held that if other plans were adopted there would ‘be a delay of several months while a new approval could be obtain- sd from Washington. Award to Low Bidder ‘When we considered the bids, it appeared at first that the Midland Bridge company submitted a lower bid than the Foundation company,” said rayne Baker, today. “But examina tion showed that things were includ- ed in the Foundation company’s bid which were not included in the other bid. and that, item for item, the Foun- dation company’s bid was the lower.” The Foundation company, bidding on the sliding scale, cost plus system on which the bridge is to be built, es- timated the cost of the concrete ap- proaches at $256,319, The basic fee on which this bid was submitted was fixed at $39,500, which might be in- creased to a maximum of $48,100 in ratio to the reduction of the actual cost. or decreased to a minimum of 330,900 if the final cost is higher than estimated. The company estimated the cost of building the piers at $295,819.00, The company submitted another bid, with its own plans for building the piers, in which the cost was estimated’ at $256,481.00. Estimated Cost $675,000 The commission has yet to agree who shall furnish the steel and erect the superstructure. In the lowest pos- sible combination of bids, tabulated by highway commission engineers, the Ameri Bridge Company estimated cost of the steel at $319,017.00 and the Midland Bridge company estimat- ed the cost of erection at $137, 590. The total cost under the lowest pos- sible combination presented on ap- proved plans amounted’ to $1,023,261. 90. In this combination first arrived at, the Midland company’s bid for building the approaches was included instead of that of the Foundation com- pany. The original estimate of the cost of building the bridge was $675,000, Nothing Gained By Delay “When this estimate was made, steel was selling on a basis of 2% cents a pound and now it is 4% cents,” said Mr. ‘Baker. “The opinion of men who are in a position to know, which was presented to us, was that the cost of steel will not decrease, and nothing would be gained by de- laying the bridge. “There is now available $876,000 for the building of the bridge. The esti- mated cost, as included’ in the bids. douotless will be decreased, for the 1 (Continued on Page Seven)