The Bismarck Tribune Newspaper, November 27, 1920, Page 8

i PAGE EIGHT AFTERMATH OF BANK SCANDAL IN LAWSUIT Danielson Brothers Ask $172 €00 Damages from Scandi- navian Bank | i Fargo, N. D., Nov. 27-—Papers were served here in a suit for $172,000 dam- | ages brought by Danielson brothers, ; farmers living near Moorhead, | against the Scandinavian-Amertcan bank of Fargo. i False and fraudulent reprseentations | of the strength of the bnk as the! plaintiffs’ fiscal and financial agents in making loans to care for and pro- tect their property from foreclosure proceedings constitute the chief alle- gations in the complaint. The plaintiffs William 0. Daniel- son and Gudfred Danielson, have se- cured the services of James Wither- cw of Moorhead, as their counsel. The papers in the action were served on H. J. Hagen, president of the bank. The ease will be tried in the Clay county district court. Allegations in Complaint The allegations cite alleged damage | in the sum of $7,000 through the mis- representation of securities of James R. Waters; $20,000 for feeding and caring for sheep of the defendant; $75,000 in the conversion of the mort- gages and securities given to pro-{ tect the realestate mortgages; $50,- 000, by reason: of the defendant’s:al- leged neglect in permitting plaintiffs’ property to be lost under foreclosure, and $20,0 in the conversion of the personal property of the plaintiffs. | The complaint alleges that on or abcut Aug. 5, 1918, the defendant made overtures to Danielscn brothers to induce them to open an account with the bank and to abandon bank- ing connections which Danielson brothers already had) in the handling of their business and carrying on of their farming operations. Charge False Representations At vaiicus times and upon various ; occasions, the complaint chrages that the Scandinavian-American bank ad- vised Danielson _ brothers would loan them sufficient sums of money to pay all of their outstanding hi ns, and would act as their ness and financial affairs in first class | shape, and in order to accomplish its i purpose the Danielson’s charge that | the bank “madé false and fraudulent | representations of the gtrength of its } financial condition and ability to make i loans to the plaintiffs and to manage } and conduct their fisgal affairs and to | negotiate such loans as were neces- sary for the prcper adjustment and { financing of their personal affairs and } making settlements as were neces- sary.” vanielson brothers in their com- plaint, say they relied upon the} representations of the bank and be- | gan doing business with'that institu- tion, and that the bank, ‘in order to lull the suspi made them a few: loans in the aggregate of something like $15,000. Tha plaintiffs claim that the defendant finding that they were unacquainted with technical and complicated business methods and that they were implicitly relying on the financial advice and integrity of the defendant, began to take advan- tage of their lack; of knowledge of human nature and-business transac- tions. 1 , Purchased Waters’ Horse _ The plaintiffs claim that they were | first induced to purchase a trotting | horse belonging to James R. Waters, then bank examiner of the State of North Dakota, and the cfficial sup- ervisor of the defendant, for the sum | of $1,000, and to give their promis- sory; note. A few days later they claim they were induced to accept ‘in exchange therefore a contract for land in the western portion of North Da- kota which was worthless and of lit- tle value and did induce and procure them Bid debe aetaaa notes in ex- | change therefor in the aggre; $7,000. Berean otf The Sheep Negotiations Another Paragraph in the com- plaint claims that the defendant “for its individual profit and gain” on or about Oct. 16, 1918, got the plaintiffs to accept a flock of 49 sheep usder the represéntation that they would | only have to allow the sheep to run | and pasture upon the grain fields un- | ul the winter season began, at which | time the defendant agreed and repre- sented that it owould take the; sheep off their hands-aad market them with- out delay and return to them a hand- some profit for their trouble and graz- ! Despite repeated requests, the plaintiffs claim that the bank ‘at all times refused and neglected to take the sheep until about March 1, 1920. During all the time intervening, Dan- | ielson brothers claim they were ob- liged to incur the duty and responsi- | bility of feeding and caring for the | sheep which was of the reasonable worth and value of $20,000. In the capacity of fiscal agent for them, Danielson brothers claim that the bank did under the representation of consolidating the indebtedness of the plaintiffs and placing their finan- cial affairs in a proper and business manner in accordance with the sound | principles of finance, “wilfully and maliciously procure from them notes, mortgages and other securities to the amount of $125,000 and upwards be- tween March 1, 1919 and Oct. 1. 1919.” Of these securities the sum of $54,000 worth was placed with a St. Paul bank and the balance to the amount | of $70,000 and upwards “converted by | the defendant to its own use and! benefit.” f aaa | Sell your cream and poultry | to our agent, or ship direct to! Northern Produce Co.. Bis-| marck. Write us for prices on cream and pouliry.—Northern Produce Co. ' i 2 rovrare of counterfet; SSS N \ NEW YORK—Peggy Marsh of the late Henry Field, grandson of the multi-millionaire mer- | \chant Chicagoan, for her son, Henry Anthony. She claims Field | been courts. Inset, her boy, Henry Ar BISMARCK DAILY TRIBUNE SATURDAY, NOV. 27, 1920 PEGGY MARSH HERE TO FIGHT FOR — PART OF FIELD ESTATE , former London and New York that it chorus girl, has arrived in New York to fight for part of the estate gent and put all of their busi-|is the father of her boy. The case comes’ up soon in the Chicago nthony. “PREE US,” CRY FILIPINOS MAKE TO UNITED STATES GOVERNMENT EDITOR’S NOTE — With ro Gabaldon as a new res commissioner representing the Philippines in Washington, the} fight for indgpendence of those islands is expected to ~be taken up in coming sessions of Con- gress with renewed fervor. Gabaldon, member of: the Na- tionalist. Party in the Philip- pines. is one of Mani ablest lawyers and statesmen. Gabal- don wrote the following ai ley for N. E. A,,, setting forth ¢: ly what the Filipinos are ask: ing from the United States. «4% BY ISAURO GABALDON, The time has now come. when! the American Congress should grant in- ent dependence to the 10,500,000 inhabi-| tants of the Philippine Islands. Such action will be to the best interest of both the Philippines and the United States. * ; Today the Filipino people have the greatest respect and affection for America. . If independence is granted in th near future America will ys have the good-will cf the Filipino: But if America keeps putting the Fili- pinos off, first with one excuse and then with another, the Filipinos will ultimately feel less friendly to the American nation than they do now. Basis of Appeal \ We base our appeal on the follow- | ing facts: FIRST—In the Declaration of In- dependence, an immortal document, ft. was declared governments derive their just powers from the, consent) of the governed. We feel the United States should be willing to apply to others the same principle she insisted | upon for herself. ;. SECOND—The American Congress, jin the Jones law, supported by both 'Republicans and Democrats, solemn- ly promised the Filipinos independ- ——e—ee wo Roger W. spond | CATARRH Washington, Nov. of the Babson, famous statistician and head “SANTAL BLADDER [or the Babson industrial service, has APSUL! issued the following forecast of. the ‘Fi 2 Hours probable Harding cabinet. He makes ““] ID BF woke 2, SPs (iipy | | no guess at the Labor portfolio. Here : ‘ name a is the list, numbered to cor with the photo-diagram above: HARDING'S au- .jence upon the establishment of a sta- ble government, and our claim that the specified stable gov ment is now ‘in‘existence in the islands has been. officially confirmed by Amer- i own highest representatives | | | | | i ‘there. THIRD — The. United States went before the world in the recent World War a% the avowed champion of the ple of self-determination. Sure- if Americe refuses to apply the principle to a nation of 10,500,000 ai- { pedpfe who have repeatedly request- yea their independence, she will be (visking her. present exalted position 4s champion of the rights of the smaller, and weaker nations of the "earth. | Demand Won't Die | If those opposing independence be: \lieve the agitation for it in the is- jlands will gradually die out, they are ;Sreatly mistaken. The longer in- ‘dependence is withheld, the ¢greater will be the demand for it. The desire for it is growing constantly ; both among the leaders and the masses. | America can make no mistake in | granting independence to the Filipi- nos, for they are capable of maintain- ing a stable government, and are ready and anxious to do so. If Amer- ica grants independence, 'the gratitude 1of thé Filipinos will endure forever. | HOUSEBOATS SOLVE Minneapolis, Min., Nov. 27.—There is one little colony which is not trou- bled by the acute housing shortage here. Its members, who live in house- j boats on the Mississippi river, never worry about rents or moving. When a change in scenery is wanted, the tenant pulls up anchor and drifts off to a new location. , A dozen’ or go of these “water resi- dences” are/ pwied up against ry Cabot Lodge. 3. Secretary of Leonard Wood. 4, Postmaster War—Maj. Gen General—Will U. . |Hays, G. 0. P. National Chairman, HOUSE SHORTAGE | tive aid had been sent to Haiti to ‘the shore below the government dam. | Advance of their rents was the cause jof the majority removing to house boats, it is said. “The river saved me trom further advances,” is the way one tenant put | it, who had had his rent raised from ‘$20 to $35 a month. ; Another remarked: i ' tired of paying increasing rent and } |fuel bills.” | “T was sick and STARVATION IN -WAKEOR SOVIET ARMY'S VICTORY | 'Conditions of Refugees Along |. Bosphorus Appalling and | i Catastrophe Is Feared Constartipople, Nov. 27.—Condi- ! tion of the refwgees on the 90 or more ships strung along the Bos- horus is appalling and a catastrophe | feared unless prompt measures are jtaken to land the thousand writhing in misery and pain. The correspond- ent visited several of these “floating hospitals and mad houses” today and i ; returned with forebodings of im- } Pending calamity. | None of the refugees have been tak- en ashore, except the sick, diseased | and insane. The latter are numer- ous. An unpleasant smell from the ships was apparent notwithstanding a strong, cold sea breeze. As soon as the correspondent and his companion, an American relief officer, boarded the ships the cloth- ing of. both was virtually torn off by half maddened refugees who begged to be taken to land. Men, women: and children are herd- ed together promiscuously in a state of appalling filth. Many women of distinguished demeanor despite their | bedraggled appearance, ' offered to | ‘barter their valuables, jewels and ‘furs for a crust of bread or a glass of water. In ‘some cases, the re- | tugecs have been without water 11 | days. 5 The correspondent heard there had numerous suicides. Refugees spoke of ghostly temptation and the sobbing call of the sea at night whea they were dying witn thirst. The American navy is assisting in transporting sick women to hospitals {and the Near Hast relief also has been prominent in the work. War hardened relief nurses were moved to tears by maddened mothers offer- ing their children to visitors and the bination. oo BY MABEL ABBOTT, j N. E. A. Staff Corespondent | Poplar Bluff, Mo. Nov. 27.— ‘Next time E. E. Penzel, newly- al elected state senator, runs for of- | fice, he will not promise, even | in joke, to get married ifthe wo- | men will elect him. He was too badly scared this | time. ? Penzel is a personable bache- Jor .of 35, with a law office at scenes of! separation: have been he- yond description: i The death rate has been abnormal ‘as the result of the bitter cold and ‘Wack -of food. The’ American Red | Gross is offering 30,000 rations daily and several Americans are. offering IN HAITI HELD AS “OPPRESSIVE President of Haiti Condemns Rule—No Effective Aid for Agriculture Port Au Prince, ‘Nov. 27.—The Amer- ican civil administration in Haiti is “more oppressive than the military,” President D’Artiguenave declared if a statement attacking the public ser- vice of Minister Blanchard and Joha M. Elhenny, financial adviser of the Black Republic., He charged that; since American occupation no effec- develop its agricultural and industrial resources, as stipulated in the treaty and that no serious measure had been | proposed with a view to “placing Haiti’s finances on a treaty solid basis.” : i Mr. McElhenny is in Washington and the minister declined to be seen. Declaring that the financial adviser. as named by him on the proposal of President Wilson, 18 i etfect a Haiti- an official who is paid $10,900 a year |cording to the presidenty who charg- CABINET AS BABSON SEES IT . President—Warren G. Harding.; 5, Seeretary of the Interior—Her- . Secretary of State—Senator Hen- | hert Hoover. u 6 Secretary oi Agriculture-Henry | » | C. Wallace, Iowa farmer-editor. |. 7 Seeretary of Labor—(No Fore- 2} cast). | 8 Secretary of Commerce — Con-! Frank Vanderlip, New York financier. Poplar Bluff. E It was a speech he made at RAR AN ne nnn from Haitian funds, the said: “In reality the financial adviser does not report to the Haitian government, it is the Haitian government that hg] pretends to submit to his sovereign will. The facts are numerous which show the omnipotence which he at- tributes to himself. “Nothing can give a more striking idea of this omnipotence than the con- fiscation by the financial adviser, aid- ed by the American minister, of the salaries of the pregident, ‘the secre- taries of state, members of the legis- lative council, because the government refused to insert in the contract the National Bank of Haiti, controlled by the National City Bank of New York, a ¢lause prohibiting importation of foreign gold, which the adviser wish- ed to impose. This (adviser) equally prevented a vote of the budget.” The adviser, the president asserted, had made no inquiry into the! valid- | ity of Haitian debts, has recommend- ed no perfected method of banking the revenues and made no recommenda- tion for the ‘welfare and prospérity of the republic. In the face of the “inertia of the financial adviser,” the government multiplied its efforts, ac- president ed: 4 “The numerous’ finaitcial projects, | agricultural, educational, administra- | tive and rural organization, meet op- position of the American officials or | lie without response in the archieves of the legation.” Hand Made | Camisoles and combination suijs. Hand Bags,, and Fancy Veils. Nielsen’s Milli- nery and Waist Shop. \ ONACLASHEAUGNEAOGEEGUDAHCOULCUDECCCUUELOUUQSUOSDEQEDCETODOAROUELEATAQONOCERAERODCOCOUNUEOEDEGUH gressman John J. Esch. ‘ 9. Secretary of the N vy—Senator | John W. Weeks. 10, Attorney General — ExSenator George Sutherland. 11, Secretary of the Treasury— HIS MARRIAGE PLANK ONLY A JOKE, | SAYS STATE SENATOR—GOT THE VOTES ' THE UNIVERSAL CAR, Bismarck, No. Dak. Piedmont, Mo., a few days be- fore election, that mado all the trouble. Two Aspirations 1n introducing him the chair- man jocularly reverred to his_be- ing a single man. Penzel, not to be abashed, gallantly ‘assured his audience he had two aspira- tions in lite; one wes to go to the Missouri senate, and the other was to acquire a wife. “And if the women will help me in the first one,” he declared, “} will consider the other.” The women voted for Penzel, all right. Meanwhile reports of the Pied- mont speech had found interested readers. The e.ection returns were hardly in, before Penzel began to receive letters from wo- men willing to he!p him carry out. his contract. At first they came from points hear by; then from all over Mis- souri; then from other states. Some of the writers ured the Leap Year privilege of direct pro- posal; others delicately indicated that if he would do the propos: ing he would not be turned down. Pay by day his mail increased. “ The Joke’s On Me” “The joke’s on me,” ‘Senator Penzel told me. \ ———SSo—gE—E—EEEESa=a HURLEY'S ORCHESTRA Up-to-the-Minute- Dance Music. 4 406%, Bdwy. 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Thus you are assured of having vour work done properly, promptly and at a reasonable price. Genuine Ford narts, Ford mechanics, Ford special tools and machinery and Ford charges are an unbeatable com- | When you require service we are at your immediate command, and will appreciate your business and guarantee our work THE DAKOTA MOTOR CO. *” arereresimeeneecemereeressinnsininsnnll “You see, every campaign has * to take women into considera- tion now. That’s all right, too, and as it should be. So in mak- ing my campaign, I bought cigars for the men, of course, but 1 also bought candy for the women. “But as for that remark about getting married—I never dream- ed of anybody's taking that ser- iously. But it got into the papers and I don’t know when I'll hear the last of it. _. “But if you’re.a reporter, for heaven’s sake tell them I was on- ly joking!” PS SS VY ZEEE Making A Battery Over To hear some folks talk. you'd think an old battery could be made over into a brand new one, but it can’t be done. But we do go the limit in helping you keep your battery in fighting trim. ‘We’re headquarters for the Still Better Willard Battery, with Threaded Rubber Insulation — the kind selected by 152 pas- senger-car and motor- truck builders, B. K. SKEELS 408 Broadway been discontinued by such as 34x3914 S.S. 36x4/4, Clincher odd sized tires, see us. R. B. Loube Zn 216 Main UVAEUAURLEGDECAUOGLENUEETUNEAEOUELHOU ERENT TT TTT ODD SIZES We have some odd sizes in Tires which have and other sizes. If you have a car using Besides Having Some Real Bargains in Tires and Hood and Radiator Covers We have many “GOOD BUYS? in other ac- cessories. See us before buying anything in the Automobile Line. 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