The Bismarck Tribune Newspaper, January 29, 1921, Page 1

The Weather - Unsettled THIRTY-NINTH YEAR BISMARCK, NORTH DAKOTA,» SATURDAY, JAN. 29, 1921, “|THE BISMARCK TRIBUNEE= PRICE FIVE CENTS FIX GERMAN. CASH IN UR RA AA ee en eee ; MRS. HARDING PACKS UE LAYER PETITIO FOR NEW DAY IN. - COURT REFUSED Judge Nuessle Finds Nothing in, Petition in Murder Case to Warrant Action NOW IN STATE PRISON Confessed to Murdering Eight Persons Near Turtle Lake—, Alleges Third Degree — Henry Layer, confessed murderer of eight persons near Turtle Lake! last ‘April, is denied. a new day in, court by Judge W. L. 'Nuessle, of dis- trict court, in an order handed down today. In reaching his conclusion, after a considerable period of study of the case, Judge ‘Nuessle holds there is nothing in the showing made by Lay- er’s attorneys in presenting their pe- tition for a trial by jury to justify such action. \ The decision puts at rest, unless there is gn appeal to the supreme court or:the parddn board, the agita- tion begun ‘by Layer’s friends imme- djately shortly after he pleaded guil- ty in district court at Washburn and was brought to the penitentiary to serve 2 life term. . ! “I have carefylly considered the showing as made by the respective’ parties and the proposition of law advanced by them, and jt seems to me that the only question of fact that need’ ke considered at this time is as to ‘whether the defendant, at the time thet he entered his plea to this . charge of murder in the first degree, did so by reason of threats, duress or fear made, imposed or caused by the conduct of the officers having the de- fendant in charge at and prior to the time of the making and entering of such plea of guilty,” says the memor- andum in the matter, Alleged mask discovery ‘One of the matters raised in the affidavits filed by lLayer's attorneys was the alleged finding of some masks on the Wolf farm near Turtle Lake. The order dismissed the mat- ter, saying: “It would seem to me that the discovery of the masks and shell in question, if there were such) a discovery. on thé premises, can® mean but very little one way, or-éhe other for the reason that no inconsis- tency arises om accoynt of that with the theory of the guilt of the defend- ant of the offense charged. The find- ing of such articles is open to the further quegtion as to whether or not, if they were found there, they were placed on the premises at a time long after the commission of the crime in question.” _ ae Judge Nuessle refers to the officials in the, case, especially to former state's attorney Johu Williams, of Mc- Lean county, and Sheriff Ole Steffe- rud, whom he has known for a long time. Refers to officials Re “Tt seems to me that, considering these various affidavits, there can be no question as té where the , truth lies with reference to the matters and things touched tipon in them, On thé one hand the defendant must now disaffirm and deny all the things which he'set out in his various writ- ten confessions and in the statement which he made to the court at the time of entering his plea and receiv- ing sentence. And in addition it must ‘be borne in mind that he is now con-! fined in the state penitentiary wit) a knowledge of that which confronts him for the rest of his life, surround- ed by men experienced in crime and \aided by the knowledge and assist- ance which invariably one criminal imparts to another and gives tops fellows. The sheriff and state's at- torney, on the other hand, can have no motive in falsifying the facts with reference to the occurrences leading up to the sentencing of the defendant, other than those which might arise on account of a desire for self-glorifi- cation as public officials. I might say in passing upon and in considering these affidavits I must take into ac count the knowledge which I myself have of these officials and their gen- eral character and mental attitude which they have evidenced toward criminalg and criminal matters gen- ~erally. I know that they are honest, conscientious and humane.” Wanted to go‘ home ' It was pointed out an the order that | after Layer confessed to the murder and was sentenced he asked permjs-| sion to return to his home and per- sonal matters and road matters, he} being a road official. It was pointed | out to him that “there might be a strong-feeling of the neighberhood against him if the people learned of his guilty plea, and when informed of this he evidenced no fear of violence. Kenyon “Proposes ( Co-operative Credits , Society Aid Industry vashington, Jan. 29—A rural cred- ita aoclely of agriculturists with $25,000,000 capital and an insurance company to loan money to farmers both under federal charter, were pro- posed in a pill introduced by Senator Kenyon, republican, Iowa. 60,000 MORE MEN JOBLESS London, Jan. 29.—Names of those without work registered at the Jabor exchanges throughout the kingdom which was closed to a million on Jan. | 21, have increased by 60,000 during the week just passed. ASSEMBLY LEAD IN ECONOMY RACE The “economy race” fs running close. Poth Nonpartisans ‘and Inde- pendents have been talking econ- omy ever since the legislature convened, The house is a bit in the lead. The pay-roil for the first 20 days for house emp‘oyes was $2,907 and for the senate em- ployes $3,160. House, indepen; dents say that considering the fact that the house is more than twice as large as the senate the house is way in the lead. The senate members pay-roll for the first 20 days was $4,900 and the house $11,300. The mileage account on which minor changes will be made, shows the house mileage amount-* i to $5,223.40 and the senate mileage ats $2,314.80, UTILITY RATES QF CAPITAL CITY INCONTROVERSY Attorney General Lemie Holds Heat and Juice Schedules Illegal URGES REBATE TO USERS The preliminary hearing on the pe- tition of citizens of Bismarck asking for a reduction in rates for electricity for light and heat was held this morn- ing before the state railroad commis- sion. . All three commissioners were pres- ent. F. 0. Hellstrom represented citizens and had as his attorneys Wil- liam Lemke, attorney general, and W. A. Anderson, first assistant attor- ney general. The Hughes Electric company was represented by Edward B. Cox, for- mer assistant attorney general. Entitled to Refund. Mr. Lemke ‘held that the Hughes Electric company since June 1; 1919, when he claims the last legal hearing was held; has had two illegal raises in rates and that the users are enti- Aled‘to a refund of the excess charges He argued that no notice of hea: ing had been given when the purpor ed decision of the commission grant- ing a raise was made June 30, 1920, and that the order was signed with- out knowledge of at least one mem- ber. He held similarly that the hears ing Nov. 14, 1920, was not a legal one. Mr. Cox for the electric company denied that the rates were exorbitant and denied that the present rates were put into effect in violation of any legal order of the commission. The company, he said, believes that there will be a gradual reduction of costs and that as soon as this is suf- ficient to admit a reduction in its rates it will be glad to submit to the commission a lower schedule. The hearing today was only to con sider the legal phases of the previ- ous orders:of the commission. The commission will take the matterup- der consideration. Mr. Lemke asked that if the’ commission found the or- ders in question legal that it suspend the present rates and order a hear- ing immediately to fix a new rate. H. F. O'Hare, city attorney, was unable to be present becduse of a hearing in bankruptcy in which he had to sit DENIES MEN BELONG TOU. 8, SERVICE Department of Justice Refuses to Own “American Detectives” Berlin. Jan. 29—Carl Smith and Frank Zimmer. alleged American de- tectives, charged with an attempt to kidnap Grover Cleveland Bergdoll at Eberbach, Baden, Tuesday, have been taken to Mossbach for a hearing. The men claim to be connected with the bureau of investigation of the department of justice of the Unit- ed States. Officers in the intelligence depart- ment of the United States, situated at Coblenz, denied yesterday that they had sent the two men after Berg- doll. Disown Mien. Washington, Jan. 29—Department of justice officials denied today that the men who attempted to kidnap Bergdoll were representatives of the department. MAYOR OF CORK ORDERED TO SAIL HOME BY FEB. 11 Washington, Jan. 29.—Donald O’- Callaghan, lord mayor of Cork, has been ordered by Secretary Wilson of the labor department. to leave the United States by Feb. 11. He is now in the country as a seaman awaiting an opportunity to reshi The members of a curious tribe in New Guinea, called Agmambu, have 'web-feet whose skin is as tender as blotting paper. ‘HOUSEHOLDING | While President-elect Harding is taking a much needed rest in Florida, Mis. Hardiig is in Washington packing wp silver, linen and other belongings preparatory to moving into the White House. She is shown here on t he steps of the Harding home in HOUSE HEARIN RULES ON AUDIT. , ARE COMPLETED Suggest Witnesses to Be Called in Probe MAY BEGIN TUESDAY Rules of Evidence Obtaining in Courts Will Not Be Ob- served in Probe Any member ‘of the committee of nive of the house may suggest wit- nesses to give testimony in the com- mittee prove of state industries, This was announced today, follow- ing a meeting of the committee in which rules ot the forthcoming inves- tigation were made, It also was decided that formal rules of evidence will not obtain as in courts, and that no witness may be represented by council. The public hearings probably will, begin Tuesday morning, it was said | by attorneys, who do not believe they will be ready to begin Monday. | Twos accountants will be engaged by the committee, it is said, to assist | dict, 6n the oc | addressed an encycl ‘Any Member of Committee May | | ble avidity, to possess worldly goods | POPE CALLS FOR WORLD WIDE PEACE ome, Italy, June 29.—-Pope Bene- asion of the seventh centenary of the founding of third order of St. ancis of As al today to all bishops throughout the world which alls on all mankind to work for world peace and Christian pea Tertiaries must diffuse Christian spirit and oppose the two world con- temporary evils, namely, the insatia- *® and the unquenchable thirst for pleasure.” says the encyclical. “These evils show themselves in perpetual contests between the prole- tariat and the rich as well as in im- modesty of women's dress and mod- ern dancing. $12,000 AUDIT BILL PASSED; ONE DON'T VOTE Representative Del Patterson Is Excused After Having Live- ly Tilt |in the explanation of the report of LADD, BURDICK SPEAK Bishop, Brissman and company and in, the investigation. r 4 ‘An outline of the report on the Bank of ‘North Dakota, which follows! resumes of the report on the Home, | Builders and Drake mill, given in The | Privune, follows: “Except for the deferred asset rep- resented in inventory of supplies $13,- 885.33 and accrued liability to ac- counts; payab! $81 , and some minor adjustments made by us thi vithin balance sheet is in accord with! the general ledger balances at said date,” says the report. “We herein present det all the material asset and liaoility items without attempting to compute reserves for p ble depreciation due to doubtful or irrecoverable invest- ments or to impose our individual judgment or conclusions as to the present value thereof. Our concep- tion obligations in this examination is to present correctly tplete detail, the bank as carried for your informa- tion, analysis and consideration. Summary of loans “In detail ‘No. 1 is presented a sum- | mary of the loans and discounts ex | hibiting total loans of each borrowing | Washington, talking with Mrs. Lawrence Lewis, Philadelphia. pank, individuals, and_ state institu- nifragist. Mrs. Harding accep ted Mrs, Lewis’ in ation to join the conmnittee Which will present the memorial statutg of suf- frage pioneers to the Capitol, S' } Frank Blackstone, the Harding Keb, 15. Cireled: picture shows y chauffeur, leaving the Harding home with a case of linen and silver. ARR ee et COOPERATIVE EFFORT 10 , SOLVE MARKETING PROBLEM BEFORE HOUSE AND SENATE Pa cee Baer e oe Members of the state legislature to- day have their attention focused on the question of co-operative endeavor to solve the problem of the farmer. producer cost profit. 3—Commend North Dakota legisla- ture for passing resolution condemn- of production plus This movement was brought before| ing grain gambling and ask gongress the senate and the house in two di: tinct ways. Senator W. J. Church, of York, Nonpartisan. introduced a bill in the senate to provide for co-op- erative marketing associations along lines suggested by © the American Farm Bureau Federa- tion. : Usher L. Burdick, president of the state farm bureau, told mem- bers of the house of the move- ment, and the executive commit- tee of the association, named ata meeting held in iargo recently, met in Bismarck and adopted resolutions embodying the princi- ples of the federation. Linked with these actions was @ report received in the city last night that a Grand Forks man had started to,enroll farmers in a marketing movement for North Dakota, ultimate- ly designed to include ‘all wheat growers, with Aaron Sapiro, attorney for the ifornia Ra sales egent for the organization. apping’ all present org mation of a m would control p wheat in the United & Permits Agreement. Senator Church's bill permits five agency th alse reports regarding the organ tion or to induce men to breach the and stipulates the plan of jon by which the shalk be conducted Resolutions in Briet. The resolut! of the committee of th federation in br follows: 1—Demand of Conzress commodity law requiring truthful labeling of all products, like Frenc h-Capper-Truth- in-fal bill. 2—Demand of Co legislation to protect ag protective tariff for grains, me Growers, ag}. »)ervising rat and the for- all of the| call business | Jarge incor executive} 15 te farm burewt|tension work in coyntie: s emergency | tion. culture and] ats, dairy products, poultry to insurance | to stop it. 4-—Endorse committee {plan of farm marketing. 5—Ask congress to immediately enact Jaws for federal control of grain and meat products. 6—Unalterably oppose amending Kenyon-Kendrick packer regulation) bill, and Capper-Volstead (collective bargaining) bill by making federal trade commission supervisors of such laws in place of agricultural depart- ment. : 7—Urge amendment of Federal Re- bank act to provide loans for tive purposes in preference to culative purposes and for longer periods. 8—Exten. of 17 and ion of warehouse act to aid, farme ndividually or collec- tivély, to market prodects. Extend U. $. Bank. 9-—Extension Federal Land bank stem to provide farmers with per- sonal credit for buying improved + seed, etc. 10—Amending Esch-Cummins bill to preserve powers of states!) for sup- and practices of car- riers in states 11—Urge states’ and federal laws to permit farmers to market collec- tively. 12—Favor sufeguarded immigration restricted to white races requiring be- lief in organized government, a sound or more persons: all of whom must! ining and body. but not proper' be actual farme Wo anize s 19 Favor lakes-to-sea waterway market any crop and provides for a to lower transportation marketing con t phy the mem-| ¢, ber producer agrees to furnish his | To place tax bueden of war on: crop for a certain niumber of yea actual income basig; b--iner to the organization for sales makes] ing pares on increasing incomes Hit a crime for anyone to cireulate] Consumption 1x to. an- extent levying taxes with airh of distribut- ling of yealth toward the many and fot ¢ viea m the few hear on war. ti $ ly to ultimate consum- ) percent Provision for agri cultiyral ex- 16—Rura! schools to teach more of sciences, arts amd agriculture. ,17—Ur rmers to take inter- lest in politics but to entirely keep | politics: out of farm bureau federa- Mr. Burdick, in his talk before the ure, declared that the farm Continued on page 3) | legis! tions in the total sum of $3,/643,059.09 and total security therefor. “Loans to state institutions are au- thorized by the state Industrial Cor mission as recorded in the minutes | record of the commission, On Novem- ber 18, 1920, the minutes authorized a loan for $115,000 to the state Home, Building Association, while according to the records ofthe bank the amount, Shipley. We were in-| org.” . loaned was $125,000, formed by Mr, W. A, Anderson, sec- retary of the commission, that the en-: e| Propriation bill late resources, liabilities of © The House bill No. 33, appropriat-| ing $12,000 to pay the expense of the | audit made by Bishop, Brissman com-| pany was to go over to the senate! today. The house passed the bill, 61) to 49, with 2 absent and Rep. Del Pat-' terson excused from voting. | Rep. Walter Maddock and a few other Nonpartisans voted for the ap- yesterday after- ncon. Maddock followed this action by introducing a resolution asking that a committee be named to inspect ailed lists of the list of contributors to the state, board of auditors’ appeal for funds with which to guarantee payment of the audit. He said the house was en- titled to know “whether the money} was contributed by the financial in- terests outside the state or by the peo- ple of the state.” ‘fhe house killed this motion that this resolution be and in com: printed in the journal by a vote of! 58 to 50. The state board of auditors, in their appeal issued for. subscrip-: tions last December, said that. names of contributors would be-considered confidential. Wants Patterson to Vote During the vote on the bill appro-; priating $12,000 to pay for the audit) there were a few tilts, the livest be-| ing between Del Patterson and Speak- | jer Twitchell, Patterson arose to ex- | plain a vote but he was held to be, ‘arguing the merits of the bill. He asked unanimous consent that he be excused from voting “bedause the chair would not permit me to explain y vote.” * “T object to his request,” said Rep. ‘If want him to go on rec- Twitchell Replies Speaker Twitchell declared Patter- try on the minutes of the cdmmission son could expjain his vote, but must 2A a ul was an error made in transcribing, and that $125,000 was the sum author- ized by the commission. “You will note fy the maturity abide by, the rule regarding explana. tion of his vote. After debate, Pat- tergon was excused from voting. Representative Bjorjo, who claims to dates in the list of loans and discounts |p, independent of all’ politics, voted Sy in Schedule Nos. . and 2, that of the amount of $2,4v1,645.24 loaned to, banks the sum of $1,147,607.35 was) past due on December 3, 1920. This; includes any past due items which) may be contained in the list o1 closed | banks. “Of the total amount loaned to ele- vators, packing companys, and indi-| viduals on warehouse receipts and) storage tickets, amounting to $105,- 722.00 the sum. of $69,122 was past! due on December 3, 1920. Institutional debts | tax with the Independents on the appro- priation. After adjournment the house listen- ed to addresses by Dr. Ladd and U. L.' Burdick, head of the state farm bur- eau. Dr. Ladd advocated the millage for state educational institutions. JOHNSON SAYS , | ed to the Bank of North Dakota in the total amount of $882,716.72, of which amount $650,000 ig owing the bank by the ‘Mill and. Elevator Association; $225,000 by the Home Building Asso- ciation; and $7,716.72 by the Indus- trial Commission, “In Detail 2, is presented list of banks with which re-deposits of pub- lie funds have been made by the Bank of North Dakota in the sum of »7.040,899.19. “Statements were mailed to these FOR LONG (TERI ON ARSON GASE ~ Owner Pleads Guilty to Charge Uniontown, Pa. Jan. 29.--Elbridge Smith. the 19-year-old son of a wealthy real estate owner\today plead guilty to thirteen charges of arson and was sentenced to serve not less than 42 or more than 84 years. Smith was a ted several weeks ago after the entire countryside had I been aroused by series of fires which caused damage estimated at not less than three-fourths of a million dol- lars. ‘Authorities said he had made a con- fession and then announced that the confession had been repudiated. The incendiary fires wh ued over a period of three months not only destroyed farm property and houses in Jumber villages but also a number of store buildings. Not all are credited to Smith. Son of Wealthy Real Estate] ch contin= | REPEAL ACT California Senator Criticises Proposed Treaty with Japan Washington, Jan. 29.—Senator Johnson, California, today issued a statement criticising the purported agreement between the Japanese am-) bassador and the American ambassa-! dor regarding the status of the Jap- anese in America. _“When the matter is stripped of ita diplomatic camouflage,” he said, we have reliable information regarding the agreement that it provides for the repeal of the anti-alien land laws of; California. Z “It is a gentleman's agreement for the exclusion of the Japanese whi does not exclude.” ¢ — ~ | WEATHER REPORT | +4 For twenty-four nours ending at noon, Jan, 29: Temperature at 7 a. Highest rd | Low yesterday Lowest last night Precipitation - Highest \ wind North Dakota: unsettled tonight and Sunday; colder tonight; cold wave northwest portion | with temperature about five degrees | - For Cloudy and} beloy Sunday morning. | ue eee | To ss Laws. j Matters of legislation will be con- sidered at the annual convention of the State Association of Commercial Club Secretaries and presidents. at Bismarck, Feb. DEMNITY AT 56 BILLION PARA RAAL ADSL DD PPE ALLIES AGREE ~TOSETTLEMENT ~ WITH TEUTONS Money to be Paid Over Within a Period of Forty- two Years TWELVE PER CENT TAX Exports to be Assessed During the Period of the Money Indemnity Paris, Jan. 29—The allied su- preme council today approved the German reparation plan drafted by its special committee last night. This calls for pay- ment of a sum equal to approx- imatey fifty-six billion dollars, at normal exchange rates, over a period of 42 years. The plan was in the hands of the printer early this afternoon and will be signed when the council meets for its second ses- sion at four o’clock. The plan will be communicated to the Ger- mans in a few days and they will be invited to consider the terms in London on February 28. .... Resume Session Feb, 7. In the meantime the Brussels coun- cil of economic experts will resume its sessions Feb. 7. ‘The report of the military com- mittee on disarmament of Germany also has been virtually approved by the council. It provides for the com- plete disarmament of the Einwohner- wehr and other so-called guard or- ganizations not permitted under the treaty of Versailles. The dishand- ment must be completed by July 1, next. The penalties for failure, Pre- mier Briand stated, are stronger than those arranged for at the Spa confer- ence. The council at the final meeting this afternoon will discuss the Aus- trian problem and it is expected to dispose ofall. the. questions —on -its program before adjournment. Cash Discount. Germany is to be allowed an 8 percent cash discount on payments made in advance. Germany is to be required to pay two hundred \and twenty-six billiow gold marks in 42 annual éinstallmefts under the reparation plan. The first two installments would be two Wil- lion marks, the next three would he three billion, the next three four hil- {lion, the next three five billion ‘ani the next thirty-one six billion each. 12 Percent Tax. In addition Germany would be re- quired to pay a 12 percent tax on her exports during the 42 years. As a guarantee against Germany defaulting on her payments, the con- mittee recommended in such an event Germany customs might be seized and new or increased taxes might be imposed, adjusted to any measure the allies might take if this plan proves inadequate. Finally Germany would be forbid- den to contract any foreign loans without permission from the repara- tion commission. _ While this solution of the repara- tion problem did not appear to arouse enthusiasm today if at least satisfied French opinion. The delegates left after the afte noon session in what appears to have been far better humor than at any previous time since the copference was opened: Premier Lloyd George was particu- larly optimistic. The tendency in French circles is to regard the out- come ag optimistic. PACT IS SIGNED. Paris, Jan. 29.—The German rep- aration plan as drafted by the spe- cial committee of the allies wag signed by the council members this evening. The German disarmament decision was also signed. The coun. cil likewise approved a plan for a $200,000,000 corporation to aid Austria. \ WHEAT DROPS THREE CENTS ON GRAIN EXCHANGE Bad’ Break on Chicago Market Reported in Dispatch Chicago, Jan. 29.—-The failure of an Argentine bank, the general polit- ical and economic outlook with the government report regarding farm re- , Serves construed as favorable to the hears, despite the fact that it showed a large deficit of reserves compared to a year ago. Opening quotations on wheat wer? from 1-4 to 1 3-4 cents lower was followed by a declife and slight re- action. Later profit-taking by sharks on the. break created a slight rally but the market closed with wheat dow. 2 1-2 to 5 1-4 cents lower. The potato is covered by Spanish or Portuguese ¢:- plorers in the wilds of Chile. id tohave been dis-