The Bismarck Tribune Newspaper, November 18, 1920, Page 1

q y etme mts THE WEATHER Judge Nuessle Grants Tempor- | ary Injunction in the Case NOT THREE ON BOARD, Grounds for Ruling Were That Board Was Not Properly Constituted | A temporary injunction against en- forcement of five classes of minimum | wage rules of the North Dakota Work: | men’s Compensation bureau has’ beet granted by Judge Nuessle,sin district | court. : < The basis for the ruling of Judge Nuessle is that the law contemplates that the workmen's compensation bu- reau, Which has charge of minimum wage restrictions, shall be composed of two commissioners and the com- nussioner of agriculture and labor. At the time the rules were issued, L. J. Weke had been removed reau, @ that the bureau was not constituted by the three members as the law re- Some of the points in the deci: were raised in a recent ¢ the se before in which the rail- as involved, Judge supreme court on being in accord } nding of the higher court on | these points. | Yen ry Order | i A. tempo’ restraining order ainst enforcement of the minimum wage rules affecting Telephone Exch company and th Grand Forks Steam Laundry company, as a representative of the North [ kota Laundrymen's association, was granted.! A hearing was held on their plea for a temporary injunction dur- ing the time in which the case could | be settled on its merits. , The case was contested in court here, several attorneys appearing. ‘There were no witnesses who testified as to whether the rates fixed were too low, but the question was raised to the legality of the action, whicn of the decision, It is expecied that the represcuta- tives of the burean will either seck a trial on the question, of whether or not a permanent injunction should be issued, or appeal to the supreme court: immediately from the ruling. Among the classes included< were laundry workers, office workers and telephone \girls, as well as sanitary and general regulations. SOUTH DAKOTA N. P, PAPER IS SAID BANKRUPT “Northwest Square Deal” Goes ‘om the bu- | Q although he was contesting | his place, it was held by the judge | quires. | | | the Northwes! | MINIMUM WAGE RULES HELD UP | \ | MARCELLA PERSHING. ords. chiet and will play opposite In other Pe | trom Kans SENATOR ELECT BR. LADD STATES PARH POLICY Outlines What He Consid- | ers Paramount | ' MARKETING FIRST AIM (By Associated Press.) ! Fargo,,N. D.. Nov. 18 Se a Oo Ladd, first U. S. Senator elected candidate of the Nonpartisan League, announced here tbat his first aim in Congress will be to promote ‘a better system for marketing the grain and other food products of the farm. a serious problem that faces ’ Dr. Ladd said. “Something | must he done and within the next few Into Hands of Receiver at | years if we are to save the farming Aberdeen, S. D. Aberdeen, S. D., Nov. 18—The rthwest Square Deal, leading Waily paper of the Nonpartisan league in South Dako! today went into the -kholders. The complaint, filed in the circuit court here two days ago, shows that farmers of this section signed notes and paid cash to the extent of $5 to support the pa- per'since: January of this. year, The¥e ‘is}in addition a $6,000 mort- gage on the real estate. D, H. Light- ner, of Aberdeen, was appointed re-7) ceiver. The petitions representing the, stockholders are 0. E. Hoilien, W F. Werth and Frank Kamen, farmers of Brown county. They allege that there was a monthly indebtedness of $1,500. The only assets are the mort gaged plant which was bought from Frederick W. Sallet, former publishei of th ie Presse,” a German paper. Sallet now resides at } y Ulm, Minn FAMOUS LARSON CASE, SETTLED /BY ATTORNEYS ‘POLAND GIVEN Fargo, N. D., Nov. 18.—Miss Amanda Larson, of Fargo, will receive an “un- named amount” from Mr Schmidt-Russell, owner of Fargo, for injuries to have been sustained when a brick from one of the Schmidt-Russell build- ings fell on the plaintiff more than two years ago. This agreement was reached by counsel today shortly before the cele- brated case was to have been called up for retrial in the Cass county dis- trict court. The sum of $26,000 was awarded Miss Larson in 1918; The case w: appealed to the: supreme court and was remanded to the district court for retrial. W. U. RESTRICTIONS Washington, Nov. 18—The West- ern Union Telegraph company, says an announcement issued today by the state department, not only refused to accept any government cable messages without prepayment of ioils, but has also refused to carry at the reduced government rate messages originating outside the United States. . Clara D. of a receiver on petition of the | | DANZIG DEFENSE industry from demoralization, Even now the most of the men left on the farm are middle age and elder younger men are looking for g opportunities. “LT believe that dealing in on skorts—selling grain in w seller never had an equit: i existed and which will neve +is\ a S does not benefit the produc jis a matter which jought to dy until fututes | ich the every he {whether it is not worthy of his atten- | tion. | “The co-oF movement must go hand in with helpful legi i improving the, situation. wn their buy- ing funds from fé s and | feder organizati hold their ¢ tead of i at the add added that ¢! be made to g a better s ys tem into rural districts and give the farm children ihe same chance tor education as hold in towns and cities. able “to re neod- farmers will be itil the: Berne, Sw and, Nov. 18.-—De cision has been reached by the league |of nations to entrust Poland with’ a | mandate to carry out the military de-| fense of Danzig, according to informa-(j | tion received by the Swiss Telepho. 'MANDAN COMPANY - INCORPORATES bg : F Articles of incorpo! tion filed with }the secretary, of state include: Doctor E ne Cabinet | Medi company, Mandan; capital stock, $500,000; incorporators, George H. Spielman, Ralph M. Erwin, Coker | Kelsch. \ Minot Battery company. Minot, capi- | | tal stock 000; incorporators, F. R. | | Landers, L. J. Corbett, Frank Hromas. Harney Investment company, Brins- | | made; capital stock, $50,000;) incor | porators, Wm. F. Ha y, James Har- ney, Daniel Harney. | —Screendom’s new ost star as an uncle who is a star Marcella Persing’s yncle is General of the army. Miss Pershing comes Ford Sterling. UKRAINIANS ARE VICTIMS OF THE i BESS) London, Néy. 18-—Thé Russian Bol- sheviki in their campaign against the Ukrainians captured Kamenetz- Todolsk, capital of Podclia, on Novem: ber 16, it is announced in Wednesday’ cfficial statement from Moscow, re- | ceived by wireless today. The communique anncunces the extension cf the Bolshevik occupation of the Crimea. “In the reads, “we debauched along the en- ‘thre Hne on the qoast in the direction Kersch. without beoty there. JAP STUDENTS: DISCUSS WAR WITH AMERICA Our cavalry occupied Kersch ance and took enormous ‘Some Think it ,Is Justified | But Unwise at This Time nts met here to discuss all. Japan Fight sticd four hours and was marked by vehement oratory, but the audience remained ‘in good humor dor ning. The man. of ing, out of defer- ided not to take he merits of the question. y the audi to the exn tions. part in the debate ion of California Japanese-owned e furnished butthey differ- of a war. Man¥ that . America’s ag © to the police, ad cn a vote Apy divided between the two 7 Spe agreed that the in leg ing agai property in that grounds for he ely p hip to Jap that Japan America is tired of u: ARMENIA WON'T ACCEPT SOVIET Constantinople, Nov. 1j—Armenia has rejected the ultimatum recently nied by the Tu h nationali manding that the Armenians estab- h a soviet government under Tur- protection. F The Armenians. declare acceptance q 1 1 of conditions would be equivalent-to the loss of Armenia's sovereign rights. THREE PERSONS _LECTROCUTED Sturgeon Bay, Wis, Nov. 18— Three’ persons were ‘electrocated here last night when their auto- mobile plunged over 2 bridge and struck an electric wire carrying 23,000 volts. BISMARCK, NORTH DA PERSHING’S NIECE MOVIE STAR rand ’ SOVIET ADVANCE region of Feodosia,” it | CANVASSERS TO MEET HERE AT | SPROIAL GALL Attorney-General’s. Ruling to Cause Two Sessions: of Board REMOVES. ANY CONFLICTS ‘Constitution Provides that Ini- tiated Measures Be Effec- tive in 30 ND: Ss A meeting of the state canvassing bozrd ‘to canvass the vote on the in- itiated measures voted on at the Noy- ember election will be called by Sec- retary of State Hall, acti opinion, rendered by Albert Jr., assistant attorney-gene: The statutory. time for meeting of the canvassing board is the first Tues- day in December after a general elec- tion, which would be 35 days after the election. | The cou J amended, provided that the initi measures shall become effective 30 days after election, unless otherwise specified in the measure. Mr. Sheets, in h's opinion, traces ithe course of the initiative and ref- erendum in North Dako The first nitiative and referendum approv sed at the general election of 1913. It was provided that legislation put forward under the terms of the provision “shall be inforced from the official declaration of the vote.” Mr. Sheets, continuing, say \ Legislative Action “The legislature, at after constitutional provision above mentioned hecame effective, in com- | pliance therewith, provided for the ivessing of votes upon initiated referred theasures, as Well as foes for or against officers, and set {the time when such me res would |become effective by fixing the date upon which the state board of can- vassers would meet,” the time being on the first Tuesday after a general {election and within 30 days after a special election. “In 1919, however, by article 26 of t session « !an amendment to the constitution the \legislature Completed the process of amending the initiative and refer- endum provision ‘already mentioned,” the opinion of Mr. Sheets says. “The new constitational provision, with reference to tlie date upon which j measures should become elfeciive,’in- jstead of directing as has been pre- | viously noted, that they be in force ‘from the official declaration of the ote, provided that such initiated or eferred measure ‘shall go into effect jon the thirtieth day after the election, unless otherwise specified in the measure.’ : “And to make double sure that no act of the legislature which might chen be in existence or passed in the |future, and ho judgment of any court, |should alter or change the purposes, lintention or meaning of the consti tutional provision, the following pro- vision was inserted, succeeding section just quoted. “«phis section shall be self-execut- ing and all of its provisions, shall be treated as mandatory.’ Held Mandatory “Thus it will be seen that under the terms of the constitution, article 26, of amendment, the thirtieth day after jthe election is made the mandatory |} date upon which the measure shall be ‘effective, un such measure shall j otherwise specify. None of these in- | {tiated measures or the referred meas- lure voted ou at the last general elec- tion, contain any provision, as to when they shall become effective. ; “i is an elemental principle, of law, established many times by the decisions of our OWn supreme court, that statutory enactment cannot alter, | chatige or impair constitutional pro- vision. and least of all is this permis- sible when such constitutional pro- jon is made by its own terms, self- ‘executing and mandatory. “Since by terms of the constitution, all of the initiated measures voted ‘on at the last general election be- come effective on the thirtieth thereafter, it is a duty made man- ldatory by the terms of the constitu- tion, of the state board of canvasser to meet sometim between such elec ‘tion and the thirtieth day thereaft and canvass the vote upon such in- jitiated measures: Mr. Sheets adds quired of the county auditors that {they certify an abstract of votes to the secretary of state until twenty after the election, he suggests be held sometime between jth t |the twentieth and thirtieth day. | \ Since all of. the measures passed, the canvass will be completed in time so that they may fective on Di mber 2. 'RUN AUTOMOBILES | ON MOONSHINE RYE whiskey will keep | state aulonioniyes running this win- ter, according to B. C. Parkinson, de- puty prohibition commissioner.“ “We intend this winter to use moonshine in radiators of the cars’ as a no freezable compound in place of higi priced special preparations,” Mr. Par- kinson said. REDUCE DIVIDEND New York, Nov. 18. — Because of existing financial and business condi- tions the Ajax Rubber company to- announced a reduction of the quarterly dividend to $1.00 from $140 a share payable Dec. 15, KOTA. THURSDAY, NOV. 18, 1920. 3 the | since it is not re-j become ef-} | | H Lite Emma Wolf, sole survivor of the Turtle Lit edy, visited afternoon, This lite year and a halt old lass, rosytcheeked, plump, the picture of health, gurgled and laughed as she toddled aoout the Governor's office or cuddled in a big chair’ with her aunt, while relatives sought advice in a legal ight in which she is the central e murder trag- arck yesterway figure, After tae murder of (Mr. and Mrs. Jacob Wolt, five children and Emil ‘Hofer, chore boy, las: ‘April, the baby was placed in the hands of Mrs. Christine Hofer an_ aunt, who has since mothered her. The aunt is fond of the baby and doesn’t want to give her up. But the guarcian appointed for the considerable estate left to the TRISH FORM A NEW BODY FOR DeVALERA’S AID nington, Nov.. 18.- ociation for the Recognition the Irish Repuiicans was organ- ized here today by Irish leaders trom all moned to Washington) by Eamon . Valera, president of the provisional Irish‘ republic. The new organiza- tion is designed to , supplant the Fiiends of Irish Freedom and to ab- Wa over the country who were sum- zation and to give Mr. vehicle for working out his plans. Edward Dogheny of Los Angeles, who cratic national convention at j Francisco, last July was reelectea president of the new organization. RBADJUSTMENT “QUESTIONS UP 10 LABOR BODY Sessions Devote Considerable Time to Question of Unemployment. FIGHTING RADICALISM Washington, Nov. 18,— Facing an increasingly serious problem in un- employment and conditions contribut- ing to it, the executive council of the American Federation of Labor con- tinued its session here today, looking to the formulation of a policy of a tion to safe-guard labor's interests in the present industrial situation. While threats of radical elements to undermine conservative leadership in the recognized labor movement are understood to have been the primary concern of the executive council on convening last week, iis attention has been more and more claimed during the sessions by the increase in un- trial readjustment. Although it became known that direct steps to eliminate radicalism from any control in labor {councils and to meet the menace of jincreasing unemployyient has been determined on by ‘the labor leaders there has been no definite revelations of the policies thus far agreed upon. INCREASE DENIED New York, Nov. 18-Demands for pu increase of $1 a day presented by | the Building Trades council have been lrefused by the Building Trades Em- ployers association, it was announced today. Robeyt P. Bringell, who indicted yesterday for attempted ex tortion in connection with the investi- gation here of the alleged “building trust” is president of the labor organ- ization, which has about 115,000 mem- j bers. ! The present wage scale of the men s $10 a day for bricklayers, $9. 50. 1 plasterers and $9 for members of in- pide trades. JAMAICA GINGER UNDER THE BAN Washington, Nov. 18—Jamaica gin- ger came under the prohibitive ban | j today. fe | Orders issued by Commissioner | Williams cf the internal revenue bureau effective in 90 days classes itincture of ginger, whether sold as ‘Jamaica ginger, extracts of ginger, or by any cther name, as an alcohol- ic preparation for the use of beverage | purposes and ‘regulations, THREE NEGROES H Douglas, Ga., Nov. 18—Two ! negro men and one negro woman, accused of implication in the kill- ing of Spearly Harper, a young p’anter of this county, were shot | early today by a mob of more than 150 men, who over powered Sheriff Tanner and two deputies who were attempting to get the negroes to Fitzgerald for safe- keeping. The Ameri- . i Seventeen-Year-Old Boy in $ presented the minority resolution for} es recognition of Ireland at the Demo- Phillips, 17 San Phillip: employment, consequent upon indus- ; subject to prohibition , «=<|THE BISMARCK TRIBUNE [== ‘ PRICE FIVE CENTS [SOLE SURVIVOR OF MURDER TRAGEDY IS |CENTER OF LEGAL FIGHT OVER GUARDIAN Little Emma’ Wolf, Whose Family Was Murdered Last April, Is Brought to Bismarck by Relatives, Who Discuss Legal Phases of Guardianship Matter she should’ be institution during childhood. The relatives who were here yesterday want the baby kept by the aunt. They vis ited Governor Frazier to ask ad- vice in the matter, which will come up in court next week in McLean county. The relative are able to ¢ by, betieves ed in an all declare they | properly for the baby, The aunt is the nearest blood relative of the baby, they said. Qnly the failure of Henry 1. \gontessed murderer © i family, to the baby while he was slayi he others her Jife, acc n. The personal the baby’s murdered erty of father was sold, it was said by rel- atives, but the unencumbered farm is held intact. BOY CONFESSES ~WHENBROTHER ~ LIES FOR HIM i 1 500,000 Mail Robbery at Council Bluffs i eee FIND FIVE MORE SACKS isorb the membership of that organi- De Valera. a Council Bluffs, Ia., Nov. 18.--Orville ounger brother of Mert has surrendered to the gov- j ernment authorities and has confessed ‘to having participated in the $3,500,- | 000 robbery of a t mail train No. 8 ‘on the Burlington railroad here Sat- | urday night. Orville s. confession is a dramatic incident in the story of the crime .and his surrender was made, he sets, when he discovered that his brother Merl was perjuring himself to save him. Orville says Merl had nothing : Whatever to do with actual robbery ‘and in fact did all he could to per |suade the other boys not to carry it out. | Orville’s confession resulted in find- jing five more of the stolen registered jmail sacks, but all were empty. Qr- iville says the contents were burn- ed and that.a third man, whose name | he refused to tell, got the’other four !missing sacks. ' Four sacks were found under ‘the jice in a lake and one was found in; a local park. COMES T0 MEET - RATHER; FINDS _ HELEFT PRISON Woman Without Money for Food on Long Journey Back to Northern Town Happiness and disappointment jwere both felt by Mrs. Peter Petchett of Backeo, a little village in Cavalier county, when she arrived here to transact some business with her father, an inmate of the state pen- jitentiary. For she found her father had been paroled and had left for her home. Jos Rutherford, the paroled iman, walked out of the gates of the | penitentiary Tuesday and left for hi home that night. Mrs. 'Petchett ar rived yesterday to see her father and was informed he had left. She had enough money to buy her ticket back to Walhalla, where Rutherford was bound, but not enough money, to provide food. With her was a’ sick child about a year old. ’ Though disappointed at not see- ing her father, she was happy that he had been released. A traveler foun’ her at the railroad station and heard her story, providing money for food, while she waited for the train. She left in the atternoon for Fargo, where she expected to sit in the sta- ‘tion all night, before, taking a train for Walhalla, on the Canadian border, but she did not know how she would obtain food after she left Bismarc ‘PLAN RUSSIAN TRADE COMPACT London, Nov. 18.—Premier Lloyd George stated in the house of com- mons that the cabinet had seer that a draft of an agreement to carry out the July arrangements, for trade with Russia should be prepared and he hoped it would be ready for submis- sion to the Russian government in a few days. | WEATHER REPORT For twenty-four hours ending at noon, | Thursday, November 18. Temperature at 7 a. m. Generally fair For North Dakota tonight and Friday; warmer southeast | portion tonight. Every part of a church in Santa Rosa, Cal., ept the flooring, came from a single redwood tree. PEAIN LIVING SANE THINKING ~ AMERICA’S NEED Harding Tells New Orleans Audience That Thrift Is National Essential | MOMENTOUS PROBLEMS Despair Nor Pessimism Have Place in Thoughts of Peo- ple of Country New Orleans, Noy, 18.—Presi- dent-Elect’ Harding will not stop at a Mexican port on his voyage fo the canal zone he had heen urged to do by Mexican oifiet: New Orleans, Nov, 18.--Plain living jand square living were invoked by | President-elect Harding in a speech today as the nation’s strong reliances du ng the coming period of after-war j readjustment. > | Sanity, clear thinking, common ; Sense, honesty and co-operation were jamong the quali ho named as | prime necessities in meeting the de- jmands of, the new world order, and he ;declared material interest and nation- jal happiness would benefit if the | United States became a “simple living | people once again.” | “Whatever discouragements and re- serves there have been,” he declared, youd be only temporary in charac- ter i | | \ nator Harding’s speech delivered {at a luncheon of the New Orleans As- |sociation of Comme also contained ;a message of assurance for the indus- ) trial development of the south and ex ; pression of the hope that the ties of this country with Latin-American would be strengthened by every pos- sible means. In City 5 Hours The address was delivered during his five-hour stay in this city before leaving for Panama. “I believe the American people have come to realize that we must face ;momentous problems and must face jthem with resolute courage and prac- jtical wisdom and patriotic determina- ion, There must be no reasons for pause, or excuse for despair nor place for pessimism, “If we are effective in solving our problems at home we shall be better able to help solve those of the world as befits our part in modern | clvilizatio: After discussing the effects of the jwar on this country and the need of ja return to a stable, peace time hasis ‘Senator Harding said: “Surely we are going to be called {upon nationally, collectively and indi- ‘vidually to renounce extravagance and ‘Jearn the old and new lessons of thrift and of providence. | “Tt will add to our,,power and em- |phasize our stability if we become a {simple living nation once more. It |will add to the sum total of our na-: | tional happiness. ti | ‘ Praise For Labor “The big thing for all America to {realize now and always if the dignity lof productive labor, no matter how {humble the producers are the makers | of the essentials of civilization and we must accept and discharge our duty of | producing for the world or of minis- | tering to the needs of comfort or prog- tress of mankind. | “There are certain fundamentals ‘which are ever-lasting. Neither our own nor the world’s salvation is to be |worked out through any patent nos- |trum through any miracle of stateb- j manshiB, through any government Government is but the panacea, ‘agency to administer the collective organized public service. Sanity, \clear thinking, common _ sense, honesty. © co-operation in official cycles, in executive and leg- ative departments — will help | mightily and bring us closer together and will promote our understanding |but government alone will not effect lthe whole solution. The greater task s that of the American people them- |selves. It is for them under govern- {ment leadership to meet the great | test.” POISON ATTEMPT LAID T0 IRISH | { | London, Noy. 18.—Sir Hamar Green- ! wood, chief secretary dor Ireland, stat- ed in the house of commons today \that during @ recent raid in Ireland |troops captured a document sent by the commander-in-chief of "the Re- an army to his chief of staff ning a series of remarkable and horrifying discoveries regarding spread of typhoid among the troops and glanders among the cavalry {hors ‘LAW COLLEGE S ESTABLISHED The American College of Law has been established in Bismarck. The in- | stitution is.a night school designed to | give both men and women, desiring a thorough course in law, an opportun- ity to take it without interfering with their daily occupations. The heads of the new instituton have been con- ducting a class of instruction for sev- leral weeks, but now have obtained a permanent home in the Business Col- |lege, where classes are conducted | three evenings a week, from 7:30 to 9:00 p.m.