The Bismarck Tribune Newspaper, March 5, 1921, Page 1

} } } A ; i y < a rt) ’ tr . + M i | | The Weather | T H FAIR : E BISMARCK TRIBUNE==) THIRTY-NINTH YEAR BISMARCK, NORTH DAKOTA, SATURDAY, MARCH 5, 1921 PRICE FIVE CENTS Fistfight in Capitol Corridor Follows rrest ‘of John Sullivan for Contempt. of State Senate; ' . Seventeenth Session Has Feverish Finish —_—_—___ ! | CLOCK TURNED BACK REPEATEDLY i { AS SOLONS STRIVE TO FINISH ELEVENTH HOUR BUSINESS | | | | \ _members gathered in little knots and discussed the last bits of | More Than Eight Million Appropriated for Governmental Pur-| poses—Usual. Frolic Follows as House Session Adjourns at. 6:51 This Morning—Bitterness of Last Twenty Days Abates | In Lower House as Calendar Is Cleared. Audit Report Stirs | Up a Conflict | | ,_, The 17th legislative session ceased its deliberations at mid-| night, ier aardat 6:51 o’clock this morning by correct time and! 10.45 p.m. by the house clock, which had been turned back several | times while legislators were striving to complete the business of | the session. | Worn out by an almost continuous session of 20 days, im-| passioned debate, endless conferences and anxious waiting as the fate of important measures were disposed, a bare quorum of | take USUAL HILARITY Earlier in the evening when fist fights occurred in the corri- dors while crowds ran to and fro between the senate and house| seeking excitement, members found time to indulge in some of the | usual hilarity typical of the last hours of all assemblies. Songs | in dialect, tossing of books and papers and a few tussles here and | legislation to gain the right to-go to the Governor. | . there summed up the horseplay as the bitterness of the session | faded away., Ink wells were removed from the desks earlier in the! evening to prevent an over enthusiastic solon splotching the halls | of the assembly. The hilarity faded in the last minutes when! COSTARICA bitter charges were made over the house audit committee’s work. While the members left early in the morning, Speaker Twit-| chell and Representative Shipley returned at clerks and completed clerical work and adjourned sine die. Tt was 6:51 o'clock this morning when the 17th legislative assembly re- cessed three hours to adjourn sine die, Officially 'the session expired at midnight, but the clock was turned back. The closing night of the session, always attended by unusual incidents, was sensational last night in its fist) fights, bitter debates, long confers! ences over bills and was accompanied by..the usual: hilarity of singing of ~ songs. The ink wells were removed from the solons desks early in the, evening by some employes who have seen “iast mights in tne legislature in previous sessions.” ! Many important measures were en-' acted before the assembly ceased its labors. Important Measures: Among them were: Senate bill No. 25, the general bud- get bill, carrying appropriations of about $8,200,000 for the two years be-, gining next July 1. House bill No. 25, reducing the ex- emption from taxation on residence property and on farm implements and machinery frorn $1,000 to $500, and limiting the tax levies of political sub aivisions in any one year to the aver- age amount raised during the years 1918, 1919 ‘and 1920, permitting the calling of a special election to increase the amount not more than 25 per cent and permitting the amount to be in- creased 30 per cent by school dis- tricts without a special election, House bill No. 202, providing a per- son serving a life sentence for first, degree murder may not be pardoned before serving one-half of his normal expectancy of life, except where par- don board views him innocent. Senate bill No. 163—For a cousti- tutional amendment fixing legislators salaries at $1,000 for two years. ‘Senate bill No. 18—Re-enacting present state pool hall license law and permitting employment: of addi- tional inspector, giving, them Police, powers and, allowing apopintment of unlimited number of ivestigators to. enforce laws, Senate bill No. ~48—Providing for classification of acre property for tax- ation, | . Senate bill No. 172—Fixing salaries of county officials, increasing mini. mum to $1,500 and maximum to $3,000. House bill No. 212—As amended by senate, creating ‘public depositories, | * allowing Bank of ‘North Dakota to be depository. i} House bill No. 71—Providing if real: estate taxes are not paid March 1 only one-half becomes delinquent be- fore October. | Defeat of appropriation to pay for Bishop, Brissman Audit report made after Nov. 2, for which public subscrip- tion was taken. = Appropriating $35,000 to continue Immigration Department work, Appropriation Bill. The appropriation bill was not, as is usual, the last bill acted on, but it was one of the last. The differences between the senate and house were settled in conference committee after house consideration, and the reports were adopted in a manner satisfactory to majorities in both: bodies, and ithout little dissent. ; withe appropriation pill = intro- duced in the senate carried appropri- ations of $8,600,000 for two years. As the bill left the senate it carried ane $8,800,000. As the house passed it, the bill carried about $8,000,000 and as it was finally adopted it carried nearly $8,200,000, it was said, although accurate figures were not obtainable. The conference committee settled the difference over the educational in- stitutions’ with but few changes. A new law. building was provided for the University of North Dakota at Grand Forks, a $60,000 gymnasium au- thorized for the Valley City Normal and a $100,000 wing authorized for the (Continued on page 2) 10:00 a. m. with eee ee LEAGUERS HIT PROBE EXPENSE. “OF $14,893.75 Bill to Pay Bishop, Brissman Co. | $12,000 Dies in Con- i ference Severe criticism of the expense at- tached to the house investigation of Nonpartisans just before thé legisle ture adjourned. Representative Vogel called for the reading of the expense account which had been filed. The house had ad- opted a resoiution approving the com- mittee’s report, including the expen: ditures, but the Nonpartisans called for a reading of the expense bill. Cost $14,893.75 It included $4,000 attorneys fees! each for Francis Murphy, of Minot,; and John Sullivan, of Mandan, about! $900 for E. 0. McCutcheon, investi-| gator, $160 witness fees for J. W.; Brinton, of St. Paul, and $90 witness fees for J. R Waters. of Beach, $2,- 197 for stenographic hire and other; expense, The total amount was $14,-| 893.75. Rep. Shipley said that the house committee had carried out the work as quickly, effectively and as econ- omically as it could, that it paid the’ attorneys at the usual rate in this state for similar work, and that the committee’s stenographic hire was considerably less than that in the: senate investigation. Nonpartisans| wanted to disapprove of the expe: but a resolution already had authoriz ed it. Attorney-General Lemke some-/| time ago said that one body could not} pay out money for an investigatior without concurrence of both house: Whether or not the warrants will bi honored is not known. Rep. Shipley said he understood that Ed. Sinkler, attorney for the sen-| ate investigation committee had sub-| mitted a hill in the same amount 15) paid each house attorney. i Attorney General Meets Cost Senator Baker declared the expense! of the committee was not large, as Attorney-General furnished the ser-} vices of counsel, and said that he! understood Sinkler donated his ser vices. If he got any money it was! from the Attorney-General’s office.’ the senator said. The Industrial, Commission also paid part of the ex- pense. House bill No. 33, which provided originally an appropriation of $12,000 to pay for the Bishop, Brissman audit; report died when conferees could not agree. The senate amended the bill to make it $33,000, providing for two semi-annual aifdits by the auditing) board. A popular subscription of several) thousand dollars was raised for the Bishop, Brissman report and speaker; Twitchell, when he wert to St Paul! to get it, took subscriptions amount-| ing to $2,500, which he said complet-' ed the guarantee to the Bishop Briss- man company that the audit would be paid for. The persons who contribut- |ed money to the fund will not be able to collect from the state, according! to Lieutenant-Governor Howard Wood | TO PROHIBIT MATCHES Benton Harbor, Mich., Mar. 5.—A| letter from Governor Grosbeck said) that he would prevent boxing matches in Michigan in the future. 1 HARDING GOES 'few minutes after nine o’clock. {father and brother. LEGION PROTEST IN TROT cx LEAGUE GIVES On March 2 the state senate | passed the Leiderbach resolution, 25 to 23, protesting against pres- ence of French Moroccan troops in German territory occupied by the French and alleging brutali- ties, Last night Senator L. R. Baird read .a communication from the American Legion national head- quartes saying this German propaganda was being spread through the country. The senate ‘ revoked its action. CAPTURES CITY OF BOIX TOROX Panama Suffers Heavy Casual- ties in Engagement on Co- lumbus Island MARCHING ON ‘COTO San Juan, Del Sur, Nicaragua. Mar.! 5.—Do Del Toro captital of the Pana: | ma province df the same name and situated at the southern end of Col-, umbus island has been taken by! Costa Rican forces. Many casualties were nflicted upon the Panama) troops, and the Costa Ricas took many prisoners. General Volio is marching from San! Jose with 2,000 men to the vicinity ; of Coto, on the Pacific end of the} ifrontier between Costa. Z = 2 & is eo R 3 } BE ARRESTED ON MURDER CHARGE Valparizo, March 5.— Wm. Long} and George Black, engine crew of the; Michigan Central train wrecked last} Sunday at Porter, were ordered tried) for, univoluntary manslaughter by) the coroner’s: jury. ‘ el OFFIGIALSTO. GET INCREASE UNDER MEASURE County Officers Salary’ Bill, Passes In Legislature The county officers salary bill, which passed the legislature in the closing hours, provides a minimum salary of county officials of $1,500 a year and a maximum of $3,000. The oill which goes to the governor classi- fles the salaries as follows: Class No. 1--Auditor, sheriff, treas- urer, county superintendent—in coun- ties less than 5,000 population, $1,500; from 5,000 to 6,000, $1,700; 6,000 to 7,000 population, 21,800, and $40 for each additional population to maxi- mum of $3,000 annual salary. Class No. 2—Register of deeds, coun-} ty judge, state’s attorney, clerk of counties--counties less than 6,000 population, $1,500 annually; 6,000 to 7,000 population, $1,600; and 940 an- nually for each 1,000 additional pop- ulation to maximum of .3,000. In addition it is ,provided that in ounties of over 17,000 the state's at- torney may employ an assistant at compensation to be fixed by the,coun- ty commissioners. . It was further provided that no present officials should have their sal-| ries reduced during their term of. oflice by the bill, Generally, the bill increases county officers salary. TO WORK EARLY TO HIS OFFICES: Washington, March 5.—President | Harding went to work early today.) appearing at the executive offices a/ He; was accompanied to the office by his| al The new president was up early | and had breakfast with his family. | Early callers at the White House | including Henry Wallace secretary of agriculture and Herbert Hooyer secretary of commerce. : ee aes iene | {WEATHER REPORT! ° | For Twenty-four hours ending at noon Mar. 5. Temperature at 7 a. m. Highest yesterday .. Lowest yesterday .. Lowest last night .. Precipitation 142 | | 3 31) | we. .12 inch | Forecast | For North Dakota: | Unsettled to-night, Sunday prob- ably fair; not much change in tem-| perature. | hight, with the clock set back. The; {the other at the slate penitentiary, CAPITAL CITY LIGHT PLANT House Votes to Consolidate Two Power Houses at Peni- tentiary TO HAVE WHITE WAY| Authorize Bonds in Sum of $250,000 for New State | Project | a ae | Bills of the utmost importance to! the city of Bismarck passed in the legislature in the last night’s ses- sion. Included in these was the bill ap- propriating $100,000 to complete Lib- erty Memorial building on the capitol} grounds, house Dill ‘No. 134, permit-) ling the state to consolidate the state electric plants and furnish electricity | in the city, and portion of this bill} and house bills Nos. 136 and 137 pro-| viding for methods of acquiring water: plants, | House bill No. 134 held’ the stage time it frst arose in the afternoon until it was passed along after’ mid-! final vote was 57 to 53 for the bill. House bill No. 134 originally provid-! ed for the acquisition of a water ’com-| pany by eminent domain. Amended by the senate it also provided that, “the state of ‘North Dakota is hereby vuthorized to engage in the enterprise of furnishing electricity for power and | lighting purposes to the inhabitants! and public of the city of Bismatak, | and of the county of Burleigh and to! supply electricity to all buildings | owned or leased by the state of North | Dakota in. said’ city anc county and| to the state street car line; and in} the same manner the Industrial Com- | mission of the state of North Dakota | shall have power and is authorized to} consolidate the two separate electric; plants, one at the state capitol and) and locate same on the state peni-, tentiary grounds near the city of Bis-' marck, and to manage and operate the same, and to make and enforce! rates, orders, rules, regulations and/ by-laws for the operation thereof, and | for the transportation of said busi-; ness, and in carrying on said business, said commission shall utilize prison: labor as far as possible.” H The commission is authorized to fix the rate for furnishing current for power and lighting purposes, and au- thorizes the issuance of $250,0v, bonds, To Make City Bright. One of the effects of the bill, ac cording to some of its local propon- ents, is to obtain for Bismarck a “white way” to and across the Bis- marck-Mandan bridge that the city) and county would not be able to sus-| tain, Many angles entered the fight ‘on the bill, the most frequently used argument, however, being that the: state electric plant would make Bis-| marck the best lighted city in the 1sorthwest and would furnish fight for the “white way” and the new bridge.’ Tho fight on this measure opened: yesterday afternoon. The galleries in‘ the house of representatives were! packed, and the local residents made} known their views in cheers and in catcalls.. The Dill was fought hard by many Independents on the ground} that it was creating another state in-| dustry. ‘During the afternoon when; votes were taken on motions arising} out of the bill there were charges j hurled back and forth. ' | ‘The bill finally went to the calendar,! being at the foot. Many attempts: | were made to bring it to the top of the calendar, but they failed, although on several motions leading to this the vote was 57 to 55. Representative: Bauer, ‘Lackey and ‘Nathan, Independ-' ents, swung their support to the bill, and aided in the mustering of 57 votes: for the final passage. ,. Townpeople. There. During the afternoon the majority of the people in the galleries apparent- ly favoring the bill became 80 loud in’ their demonstratigns that threats were made to clea the galleries and, Rep. Shipley turned to the crowd and appealed to their good judgment “as citizens of North Dakota” to maintain | quiet. There were charges made of false | roll calls. Memorial Buildings. The Liberty Memorial building ap- propriation provided 4200,000 addi- tional to the $200,000 apropriated in 1919 for the construction of the build-; ing at the capitol grounds and the, historical park. The house cut the} $200,000 to $100,000 despite the pro-| tests of Burleigh county representa-| tyes. ‘The basement of the building | now is completed, and the structure} and accompanying historical gardens) will make a beautiful spot on the cap- itol grounds. The water bills were designed to) give the city power to proceed to condemn the property of the local water company. Whether the power i 1} adequate under the ‘bills as amended! is a matter in dispute among some attorneys 2nd loeal people who urged | the passage of the bills, | WHEAT DROPS SOME | in the legislature frequently from the! dell, Republic SEND HARDING | ‘ CONGRATULATION President Warren G. Harding will receive a telegram from the legistative assembly of North Da- kota, authorized by | concurrent resolution, carrying best. wishes. The telegram authorized to be sent to the new president follows. “We the members of the 17th legislative assembly of the state of North Dakota on the eve of ad- journm« sine die congratulate you on your inauguration as chief executive of the greatest nation on earth. May God guide you!” LEADERS TALK SPRGIAL SESSION WITH HARDING Senator Lodge and Rep. Mondell Call on White House for Conference SHIFT SENATE SEATS March 5,—Senator usetts, Rep. Mon- n house leader, call- ed at the White House in the early afternoon to discuss with President Harding the calling of a special -ses- sion. i The senate which convened today reassembled in a transformed cham- ber. An entire rearrangement of seats were made necessary owing to the Washington Lodgo of Mi many desks moved from the Demo-; cratic to the Republican side, but there was not room enough so that some of the Republicans will have to sit on the Democratic side. BASKETBALL If BIG GAME HERE THIS EVENING Bismarck and Mandan Meet in Local High School Gymnasium Sixty hundred — and tickets have been sold for the Bis- marck-Mandan basketball game to be played in the local school gym- nasium tonight at 8 o'clock. There are no more tickets for sale, and haven't been for two days. With three teams entered in the dis- trict tournament here local fans were sure Bismarck and Mandan would meet again and the tickets ° sought early. “ Bismarck defeated Steele, third en- try in the tournament, 35 to 4, last} night. The Steele team, in bad con-j dition through illness of two players was no match for the locals. t The winner of the game tonight) participates in the state tournament at Minot. Supt. Laemmle, of Ashley, brought} his basketball squad to Bismarck to} see the teains in action. HUGHES TAKES — UP COSTA RICA- i Washington, 0 ~The Panama-| Costa Rican situation was for the| First subject taken up today by! Charles Evans Hughes, after he had, 5 taken the oath as secretary of state,; | He spent an hour in conference with; his under seeretary and then went to the White House | Mr. Hughes spent more than an! hour with the president. In his talks) with (Mr. Davis he is understood to have expressed full approval of the ordering of warships sent to both ends | of the canal zone to guarantee pro-| tection to American interests which it was believed might be endangered by the controversy. The Island of Yap situation it is understood, was also discussed. The new secretary was reported to have expressed approval of the ac- tion of the state department in the controversy regarding cable commun-; ications on that island. CONFERS WITH ADMIRAL London, March 5.—Premier Lloya George conferred yesterday with \Ad- miral Sir. David Beatty on the situa-' tion which should arise if the hosti- lities were resumed with Germany. ELIMINATED FIVE 1 Jamestown, March —Carrington nd Sanborn were eliminated in tie rst round of the season district basket ball tournameat Friday night. BONDS MISSING Council Bluffs, Iowa, March 5.—) Federal Judge Wade sentencing five | persons for the $3,000,000 Burlington] escorting prisoners to Dublin castle | JAIL SENTENCE HOUSE PROBE ATTORNEY GETS FROM SENATE; RELEASED BY SUPREME COURT | Murphy and Mandan Attorney Refuse to Be Questioned Regarding Expenses of House Investigation. Kositzky, Former State Auditor, Caught in the Fracas, Sustains Black Eye and | Scratches. Sullivan Hurls Defiance at Senator Leiderbach— Is Detained in Dark Cloak Room Instead of Dungeon to Avoid Mob in Rotunda of State House p eee ik The Senate which throughout the session had fallen behind \the house in spectacular thrills, in its closing hours last night easily made up for the time it had lost.’ The net result was several black eyes and a Mandan attorney under arrest by the | Senate for contempt until released by Judge Birdzell of the state ee court on habeas corpus proceedings after being sentenced 0 jail. The enate investigation committee has attempted for several jdays to get the house investigation committee attorneys, Francis Murphy and John F. Sullivan, to testify before it but the house committee ordered them not to do so, holding that the senate com- mittee had no power to probe the activities of the house. Gate Refuses to Be Sworn, refused, issued warrants for the ar- rest of the two and Staale Hendrick- son, marshal of the committee. The attorneys were attending a motion seventy-five | were | HENRIGKSON | old Law Case Given as Motive, i by Charles Rock, Assailant GIVE MEDICAL TREATMENT | ‘Washington, March 6.—Former! | Senator Hendrickson of Nevada was! shot. through ~the wrist today by} Charles Rock, a former resident of} Nevada. The senator was given medi-} j cal-treatment and his assailant was) ; locked up. | Rock, who is 65 and lives in Ta- coma told the police that 25 years ago! , the former senator was counsel for him in a land case and that the| | shooting was due to that. THREE BROTHERS SENTENCED TO STATE PEN Fargo, Mar. 5.—Sentences of three; | years in the state penitentiary at Bis- marck for Ludvig Frirer, charged with, | cashing worthless checks, one year! for his brother, Max Frirer, one the) same charge and one year for another | brother, Eugene Frirer, charged with grand larceny, were imposed by Judge | A. T. Cole of the district court when | the three brothers, arrested during the last week, pleaded guilty. Court officials said today that this | was the first case in the history of North ‘Dakota where three brothers were sentenced to terms in the state's prison and began serving their terms on the same day. Ludvig Main Offender. Ludvig ‘Frirer, whose home was! formerly in Fargo, is alleged to have’ deserted recently from the navy. The, complaint made by, the state charged | him with writing worthless ch2cks to the amount of several hundred dol-' lars signing Fargo men’s names to them and with his brother Max, a | roofer working for a Minneapolis firm, cashing them on grocery stores in; Fargo and Moorhead. Eugene Frirer’ | was a porter at a local hotel and was | charged with the theft of a violin and some men’s clothing. Four In One Week. Sentencing of Max and Ludvig | Frirer for check forgery makes four ; men who have been sent to the peni- tentiary during this week on that) charge, Jerome Patterson having | been given 14 months at Bismarck) and Fred Riley one year by Judge | Cole on Tuesday. David Wenrick, arrested by the | | sheriff's department Tuesday charged with having burglar tools in his pos- session, pleaded guilty late yesterday | and was sentenced to a term of six} months in the Cass county jai. Hl Nelson Found Guilty. ‘Ole Nelson, found guilty by-a jury) in district court yesterday on a} | charge of assault and attempted rob-| | bery in connection with the’attempt- ed holdup of Mrs. Mable Taite on the night of Feb. 12 last, will be sentenced by Judge Cole tomorrow. A civil case, that of J. J, Meyers against Henry G. Tweeten, involving, the payment of a note for $1,500 giv- | en to the zens State bank of) Barnesville, Minn., was started before | Judge Cole and a jury this morning. | ‘After the trial started Judge Cole! dismissed the jury and will try it as a court case. POLICE KIL Dublin, March 5.—Police THREE | guards \ Chicago, March 5.—Wheat was un-| mail robbery said $500,000 in liberty | were fired upon. Returning the ace |der pressure today. Prices declined.) bonds were still missing. they killed three. | picture show when J. B. Mineover, sergeant-at-arms of the senate, placed them under arrest. They did not re- sist and proceeded with him to the senate chamber, where the senate was killing time, waiting for the house to clean up its overloaded calendar. Mr. Murphy was the first of the men called... He announced that he refused to be sworn. Senator Liederback, chairman of the senate committee, moved that he be sworn and be com- pelled to answer questions. Mr, Mur- phy then requested an opportunity to consult his attorney, who he said was Mr. Sullivan. After a conference, he announced that his attorney had in- structed him to refuse to be sworn as he was a defendant under arrest for a crime and could therefore not be asked to answer ‘questions. Senator Baker of Renville, a rhem- ber of the committee then moved that Mr. Murphy be released from custody and be questioned. The motion car- ried. Mr, Murphy quietly walked from the bar of the senate where hv had been standing, up the main aisle, stopping to get his overcoat and by the sergeant-at-arms standing by tic door before his action had been de- tocted. Seaman on Firing Line. Presiding Officer Wood ordered th: sergeant-at-arms to bring the attorney back. With that, the crowd which packed the rear of the senate cham- ber started for the doors, not to miss anything. Seaman Smith, former sheriff of Golden Valley County and later an appraiser for the state bank, tried to keep Carl Kositzky, former state auditor, from getting out. Ver- sions of the fracas vary us re- gard to the next movement. Seaman Smith is said to {have been laid out in the mix-up While this affair was in progtess, Moyd Lofthus, son of O. E. Lofthus, state bank examiner, is said to ‘have come up from behind Kositzky and struck him in the back of the hea-1 Kositzky turned sharply and Lofthi: angled off for the law library. Tihs former state auditor found him there and mauled him, it is said. Feeling Fine. Mr. Kosit#ky said’ thid ‘morning that he was feeling’ wéll and that he guess- ed that Lofthus suffered fully as mucin as he did. Outside of a black eye and two or three mean scratches on tho face, he looked none the worse for the encounter, ‘The sharp reports of the blows were distinctly heard in the senate cham- ber. Mr. Sullivan rushed out, thinking that perhaps Mr. Murphy and the sergeant-at-arms had clashed. Most of the senators followed until Lieut. Gov. Wood rapped for order and di- rected the doors to be closed. In the fracas, Mr. Murphy easily made his getaway. The senate moved that a warrant be sworn out for Mr. Murphy's re-ar- rest. Mr. Mineover, the sergeant-at- arms, looking through the big win- dows of the doors leading out into the rotunda at the aroused mob wrang: ling outside, was not keen about the unrestrained activity. but Senator Liederbach shouted for him to go and get the warrant from the attorney general's office. Try to Swear Sullivan. An attempt was then made i) swear Mr. Sullivan, Mr, Sullivan informed the president of the senate that he had retained as his attorney Mr. Mur- phy and that he believed that the gentleman had left the room but as an invitation had been issued for his return, he expected that he would soon be back and asked the proceed- ings be suspended until his return. Won't Wait. The presiding office: ruled agi any waiting for an attorney. Mr. livan then asked for five minute. explain why he refused to be swo: This was denied him. He then ask for three minutes. Sevator Piovh of Barnes, put this in the form cf a motion and Senator Murphy of Waish, another member of the inveatigatius (Continued on Page Six) inst