The Bismarck Tribune Newspaper, March 12, 1921, Page 1

» bring about. the overthrow ' U] . > Dy qi « Ma / y Pa te » 4 ; ‘ Bl oe MN’. hy e . k , : ’ i do y J? ot ad b . t . « > ‘ ’ The Weather CONTINUED COLD THIRTY-NINTH YEAR * BISMARCK, NORTH DAKOTA,SATURDAY, i THE BISMARCK TRIBUNE Last Edition | MARCH 12, 1921 PRICE FIVE CENTS CAN GARNISHEE STATE BANK PETROGRAD FROM THE REDS. GIVEN IN COURT Dispatches Say That Revolutionaries Also ‘Spread Into White Russia—Forces from Kronstadt Claimed to Have Gained’ Access to Former Capital o f Russian Empire, and to Have Scored Victory Over Communist Troops Warsaw, Poland, March 12—(By the Associated Press)— Petrograd is in the hands of revolutionary forces and the Bolshe- viki ,have been completely overpowered, it was declared in a wireless dispatch ‘received here today. The message which was confused and disconnected owing to the weakness of the sending sent out from Petrograd. ‘A dispatch. from Vilna says anti- Bolshevik forces fought their way into Minsk and held control of the city for‘five hours, but were driven out, While occupying ' the city the revolutionists killed many commun- ists, it is said, and when the Bol. sheviki re-entered the town they ex- ecuted more than 200 persons, many of whom were Poles, who were a cused of sympathizing with the insur- gents, SEES OVERTHROW. London, March 12,—Alexander / Ke- rensky, Russ! former “man of des- d the present outbreaks RYE nst the Bolsheviki will inevitably of the present dictatorship. WEHE RESTORED TO HIS JOBIN STATE BUREAU Supreme Court Holds Him En- titled to C. M. Spencer’s Place REASONS OUT ‘Heating, Given Him Held Not Sufficient in the Eyes of : Law ARE SET ee ee yy The supreme cour:, in a decision handed down today, holds that Lau- Teau J. Wehe was. not properly re moved as commissioner of the work- men’s compensation bureau, in a de- cision in which Justices Bronson. Christianson and Birdzell uphold Webe’s contention and Justices Rob- inson and Grace dissent. The court in makng its decision upholds District Judge W. L. Nues- sle. Wehe was removed from the po- sition of a commissioner of the work- men’s compensation bureau last win- ter, nearly a year ago, by Governor Frazier. Recently C. M. S. Spencer, of Williston, was appointed a com- missioner to suéceed Wehe. The opinion of the court states that the order does not affect any dis- pute there may be between Wehe anu Spencer over the question of salary while Spencer hasbeen serving, no: going beyond the decision that the order of removal was void and mak- ing restitution of Wehe as commis- sioner. Justice Bronson, in writing the opinion in the Wehe case, holds that “where the governor did not accord to such commissioner a hearing as required by law, and where the com missioner refused to be sworn a: a witness unless such hearing was ac- corded, it is held that jurisdiction was not conferred to order the moval of the relator as commission- er.as upon a default.” When Governor Frazier removed Wehe a series of causes was set out, among them being incompatability and inability to work in harmony with other commissioners. Wehe de manded a hearing, and appeared in the governor's office with an attor- ney, but refused to be sworn. Wehe alleged that he was not given oppor- tunity to prepare his case, and that the so-called hearing was not a hear- ing in accordance with requirements of the law. BELGIANS ARE WITHDRAWN AS. PEOPLE OBJECT Feeling in Occupied Territory Is Eased With Action Duesseldorf March 12.—(By the As- sociate Rress.)—Belgian patrols: which took control of the rural com mune on Wednesday night have been removed and this action on the part of the allied command has tended to ease the situation at Duisburg. Officials declare the patrols were thrown out merely to protect the town of Duisburg but the advance of the Belgians: inspired belief on the part of the Germans that the allied lines might be extended immediately. Co-operation by the German. polic? and allied troops has been effected as} go to the senate before the present in 1879, is dead. He leaves a wife andj the erec' a result of German initiative. ~ station is believed to have been BRIERATLROAD ~ CALLS OFF ITS WAGE DECREASE . ee Says That Improved Condition Permitted Payment of Old Scale TO GO BEFORE BOARD Railway Labor Board Had Ruled Matter Should Be Before It New York, March 12.—Reductions in wages of common labor pnt into effect by the Erie railroad on 31 have been wiped out and the former wage schedule restored, it announced here today at the gen- eral offices of the company. The company’s statement said that a “slightly improved condition otf busines: permitted payment of the old scale. The railroad labor board recently condemned ction of the road for not first submitting the proposed ‘reduc- tions to it, for approval and ordered restoration of the former scale. The annoncement said now the road would formally submit the whole question of wages to the rail- way |labor hoard. STATE OFFERS — TAX EXEMPTION ~ FOR OUTSIDERS Janu- ar, Legislature Completes Steps to Take Securities from Penalties WILL BE ADVERTISED In an effort to induce investors liv- ing outside the state to return to the North Dakota investment field, Tax Commissioner George. E. Wallace plans to issue a: circular showing that investments of non-residents soon will be entirely free from taxa- tion. The legislature has completed tye necessary steps to exempt these in- vestments from taxation by exempt- ihg income from school and similar warrants from income taxes and in removing the inheritance tax on in- tangibles of non-residents. A com- pilation of laws affecting outside in- vestments is made by the tax com- missioner as follow: “Effective July 1, 1921, the state of North Dakota does not tax intangible investments of non-residents. In vestments in lands and other fixed property belonging to non-residents are, of course, taxed as though the same belonged to residents. “North Dakota does not tax money and credits. “North Dakota does not tax the in- come from mortgages on North De- kota lands, gertificates of deposits or ceposits in North Dakota banks, or income from securities of the state or any political subdivision. “North Dakota does not impose an inheritance tax on the intangibles of any non-resident estate, if the dece- dent died on or after July 1, 1921. GHORGE HARVEY I$ SLATED FOR FOREIGN POST Washington, March —12.—George Harvey. of New York, editor of Har- vey’s Weekly. is understood to have been definitely selected by President Harding as ambassador to London to isucceed John W. Davis, who is re- turning .home. etraordinary session, STATEMENT OF DYING O1L MAN ‘Jake L. Hamon Accused Clara; Sinith Hamon of Shooting d Him ORDERED HER TO Go She’ Was Told That Mrs. Hamon_ Was Coming and She i Should Leave Admore, Okla statement by Jake L. Hamon, reputed! millionaire oil and railroad man and} Republican committeeman from Okla- homa, in which he said Clara Smith; t.amon shot iim as he lay on his ow. bed of the suite of room they occu- pied at a hotel here was given the | jury today in the trial of the woman! on a murder charge. Another witness told the story of; Clara Hamon’s flight after the shoot- ing. W. B. Nichols, former chief of po- lice of Oklahoma City, and business! associate of Hamon, told the jury that} Jake Hamon, after telling him he knew he would die from the. bullet! wound,. told him Clara Hamon had! fired the bullet with a pistol in her right hand as she stood at his bed-; side stroking his head with her left. Mr. Nichois referred to Jake Hamon as “one of the greatest Republicans in the country.” Pledged Secrecy. Nichols said Jake 'Hamon in ing statement had ex- Mr. making the d ueted a prom vealed until s necessary. The former police chief said he tried, to buoy up Hamon telling him they had a trip to Palm Beach planned and that Hamon replied: ; “Yes, but where I am going, there will be plenty of palms but no beach.” Mr, Nichols said he was also pres ent in Hamon’s office on the day fol-! lowing the shooting when Frank Ketch, former business manager for Hamon, told Clara Hamon she had to leave as Mrs. Jake Hamon was com ing from Chicago and the Hamon fam- ily had to be spared further disgrace. “You talk as if I did it,” he quoted Clara as saying. i Ketsch said he did not care to re- ply and Clara said: “He will tell you he did it himself.” Clara then said Jake Hamon had told her she could have $5,000 with’ which to go away and Ketsch agreed. to get it for her. Tells of Flight. Everett Sallis, a Dallas, Tex:, taxi driver detailed the trip from there west to Cisco, Tex., with Clara Hamon as passenger saying the young woman told him she had shot a man, hoped he would die and wanted to know the! ‘best pistol, old or new, with which’ to kill a man. He said she traveled with two pis-| tols on her lap and was afraid when she saw officers. Sallis admitted his first statements of the affair was made to a newspaper for $60. | (Mrs, Jake Hamon, the widow, was not in the court room today. Court! adjourned at noon until Monday morn-| ing. WOULD DISMISS 40 LAW SUITS | UNDER NEW ACT Commissioner Wallace ‘To Take’ Railroad Case Action Tax Commissioner George E. Wal- lace announced today he will ask dis- missal of about 40 lawsuits brought by railroads, chiefly against school | districts in various parts of the state, alleging excess tax assessments | Wallace will proceed under a law made by the legislature which ad- journed March 4. This law provides that litigants bringing an action) against a public corporation to set aside assessments or to recover taxes already paid must submit the com-; plaint to the county commissioners for adjustment before starting action in the courts, and dismissing all ac- tions heretofore brought on motion in district court. In some of the di roads alleged the districts exceed the legal limit of taxation. The suits were brought chiefly by the Great Northern and Northern Pa- cific railways. IOWA SOLDIER BONUS PASSED Mareh *12— honus unanimously s the rail- Des Moines, Ia. The lowa soldie passed the house this morning, San Franeisco, March 1 Phere was a rush to the cust house today when — draggi learned that 100,000) quarts 2. of Seoteh whiskey were to be sold at $8 per gallon PIONEER DIES AT LANGDON. Langdon, N. D., March 12.—George The nomination may] Milne, 85, who came to North Dakota] Lake city commission is considering 1a son. Mar, 12—A dying! yA BACK TO OLD JOB eee OHIO CITY Ih SCENE OF RIOT | Interchange of Shots Between! i Police and the Negroes fore-Is Subject to Garnishi 'TWO ARE WOUNDED Guarantee Its Deposits National Guardsmen Are Patrol-, that ing Spreets of City “Today the Bank of North Dakota subject to garnishment. ‘field was quiet this morning follow-| Sought to garnishee funds of the ‘trolman Joseph FR were wounded in interchanges shots betweeng police and negroes. Three companies of Ohio Natio and a negro! did nat honor drafts for funds. i 1 Robinson specially concurring. itary law has not been declared. | The trouble, which started shortly! i before midnight with the shooting of ME Patrolman Ryan after he had ordered | a group of negroes to disperse, was | j the outgrowth of an assault last Mon- day night on 11-year-old Marge Fer- !neau by an«uunknown negro who es- caped, ; Rumors that he had been arrested caused crowds of whites to gather at; {the county jail. Wednesday, ‘Yhurs- day and last night but th were | | dispersed. Among the city’s 60,000; Campaign’ Committee to Start | population, approximately one-eighth | . A of whom are negroes, racial feeling | Out Bright and Early in is still strong. H Morning TROOPE (owes MILLIONAIRE Woodwa ENGINEER—A, H i, iron magnate of Birming- g the locoraotive B A. between rd R KILLED, Birmingham and Lineville since « | Pontiac, Mich. March 12—H. ®. rike started. A tillionaire today’ Allen} state trooper,” was instanuy |LOUBEK IS CHAIRMAN (above). Enginecr 20 years ago (be- killed this morning in a gun fight! low). at Novi, near here, between three members of the state constabulary Expects to Have Drive Com- and five bandit suspects. Mote than! i i a score of shots were exchanged. The pleted in One Day With Good Aid TO GET OFFICE, a Washington, March 12.—William! Monday: morning, bright and early, Walter Husband, of Johnsbury, Vt.,| the membership committees for the Was powinated today by President North Dakota State Good Roads As- vot dintuistationss tate cs Beneral sociation will start out in Bismarck under the direction of General Chair- COMMISSIONER NOT INCLUDED. ‘ sie Supreme Court Makes Decision’ who were arested ‘Tuesday afternoon pected that the drive will be complet- A on a charge of vagrancy, appeared yes-, ed before evening, so that a report in Emmons County terday before Police Magistrate RJ, of the number of memberships secur- Case Purcell, and were given their choice; ed may be reported to/the officers of serving thirty days in the county, and directors of the State Good Roads i jail or return to thejr homes in other Association the following day when they meet here for a conference Chairman Loubek is particularly anx- ious to make a record for the city in this matter, and is urging all citi- zens of Bismarck to be ready when the committee calls upon them to take a life membership in the only or- ganization jn the state that is pledged to sécure a truck system of highways for North Dakota. Bismarck has never fallen down on any campaigns for funds thus far, and ary “parts of the state. ESTRAINED They were released later in the day on their promise to return home and ‘take life more seriously. ELECTIONS Rr iv. One Commissioner Already Re- ee GETS SENTENCE The supreme court has decided that the recall provision of the state con-, stitution does not apply to a county commissioner, the decision being ren- down when a state organization, which qeregin upholding Distriet Judge Me- YEAR AND DAY has made its headquarters in the city The? 7 A o ch. asks for support, when the funds so The contention of Frank Gough. = taken in on memberships will prac- nour, commissioner of Emmons coun- ty, sought to be recalled, was that Robert B. Leady Is Sentenced by the recall law does not apply to an A officer of any political subdivision less Judge Woodrough in than a county, and further that since a county commissioner was elected in: Fargo a district he was not a county officer, so far_as the recall provision affected his office. ‘His contention is upheld. The county auditor of Emmons, county had issued a call for an elec-| | tion (March 15, and for this reason’'Charge Was That Prohibition’ tl 8 » court hastened its de- . . a ee Chief Conspired With Two | he ‘commi they call. Their time is as valuable cision. One commissioner already has been Others us your time is, and they are doing ' : something that you have been excused recalled, in Dunn county, where Sen- ator Liederbachy ‘Nonpartisan, engi-, ——_— n i : neered the recall in the atrohgest sec-| Fargo, March 12.—R. B. Leady, for- from seine: wes ‘ee al pe our shout tion of the league teritory in Dunn, mer acting federal prohibition chief der to the wheel and pul county. If tie Independent commis-|in North Dakota, was sentenced to 1} sione regains his seat under the de-' year and a day in the Leavenworth cision the Independents will control federal prison today by Judge W. J. the board of county commissioners Of Woodrough, in ,federai district court that county. , , bere. Leady and two others were The suc il attorneys in the Em- ¢ounq guilty last night of conspiring mong county case were Cameron and ¢, transport liquor ffom Moorhead, Wattam, of Bismarck. Minn., to Sioux Falls, 8. D. i KE. O. Haugen, proprietor of the Al-! len hotel, Moorhead, was sentenced to a month’s imprisonment and $100 fine while Theodore Musgjerd, for- ;mer clerk in the prohibition office, received a month's sentence. GETS DAMAGES FOR SLUGGING Mohall, Mar. 12.—-Mrs. Lizzie Miller} Washington, March 12—An appeal was given $500 damages in her case to the American people to “do every- against James and William Ottem for thing in their power toward the re- injuries alleged to have been suffered jief of famine conditions in China” when the two men hit her during an wag issued today by President Hard- ‘ tically all be spent in this city. | ‘Chairman Loubek is asking for at east 200 life memberships at $25 apiece, and he feels that there should not be any trouble whatever to secure this amount. Of course there are many nual membership, but all who can possibly to do so should take a life | membership and thus fel that they have a larger interest in the state- wide program of the association. Do not put the committee off when TRANSPORTED LIQUOR AMERICAN AID FOR CHINESE Calls Upon People to Give to Relieve Starving People FIRE DESTROYS SILK IN CHINA LOSS 6 MILLION Destruction of Cocoons Stored to Force Spinning Places to Close argument. She asked for $10,000. ing. : : . e —_————__— The president declared that — al- ai China, March 122—(2y WORKING ON though the nation already had given : liberally to the relief committee the the A Pregss.)-—Several silk warehouses containing over half of the amount silk. available for export pone 5 ; were burned here today, the loss he-| Dickinson, March 12—An exhaus-, at $6,000,000. Seven’ tive investigation is being made bv fund was still entirely inadequate for the task. 5 | | “Since the beginning of this relief movement a much more accurate uD- BOMB AFFAIR in sti ed ] a u ; : ana wee houses are still burning.| States Attorney Cain and the city au-| derstanding of the zrave ituation Should th r loss’ be complete the thorities of the two crude homemade} has become possible,” he said. Gamage will reach $10,000,000, it is| bombs found on the premises oi} “The picture of Chi distress is 5. + therefore so tragic that T am we the Emanuel Stoltz on the South Side. estimated. The destruction of silk cocoons stored in the warehouses will‘enforce the closing of most of the spinning | establishments here until the ‘new! crop in May. PLAN STREET SIGNS. Devils Lake, March 12.—The Devils appeals heretofore FILE COMPLAINT ON RAIL RATES Washington, March 12.—The Na- tonal Livestock association announc- ed it had filed with the Interstate Commerce Commission a complaint on livestock, rates on all leading | emplo railroads. to 2% to renew made.” UNEMPLOYED IN CHICAGO 100,000 Chicago, March 12.—Federal and state offic said the number of un- yed here ranged from 100,000 000, | tion of street signs and tratie semaphores. The supreme court, in a dec FOR ROADS BODY. STARTS MONDAY at this time it cannot aitord to fall, citizens who can only afford a $5 an-' campaign in the usual Bismarck way./ HARDING ASKS SUPREME COURT CALLS troops caLigp/T A “PRIVATE BANK? eparate Agency Created by State, Court Holds, and Bank There- ment, Court Says, in Affirming Sargent County Case—Decicion Regarded as of Farreaching Importance in Bank’s Future—Robinson Says State Can’t ion handed down today, holds is a quasi-private institution and not a branch of the state government and that it is therefore The decision was rendered in affirming the decision of District Springfield. O» March 12.—Sprina- Judge KeKenna in the Sargent county case, in which the county Bank of North Dakota redeposit- | ing a night of disorder in which Pa-/ed in banks of that county, because the Bank of North Dakota Justice Bronson wrote the opinion of the court, with Justice Justice Grace dissented and re- | Guardsmen were .on duty today. Mil-| served the right to file a dissenting opinion. 1. Pursuant to constitutional and statutory enactments, the Bank of North Dakota, as an agency of the , Sovereign power, engaged in the bank- | ing business, has a distinct ‘status sep- arate and apart from that of the state | itself, This state permits it to :unc- ; Hon as a distinct and separate agency of the sovereign power. 2, (a) A garnishment proceeding is | #n action, It creates no specific lien, It seeks to hold the garnishee to a ‘ personal liability, and judgment. de- pendent upon his liability to the de- fendant, It js a remedy separate and | distinet from attachment or execu- ion. (b) Section 8177, C. L. 1913, which relates to executions against the state has neither reference nor application to a direct garnishment proceeding, ancillay to sujt against the Bank of North Dakota. (c) Where a county has instituted abtion to recover deposits made in the Bank of North Dakota and also gar- nishment proceedings against various state and national banks by reason of redeposits made by the Bank of’ | North Dakota in such banks, it is held, pursuant to the express provisions of Sec. 22, Chap. 147, Laws 1919 (Bank of North Dakota .act, that such gar- nishment proceedings are proper. Krom an order refusing to vacate { i man R, B. Loubek, to, secure member@S4rnishment proceedings in Sargent x. | county the’ defendant has appealed. ; In his decision Justice Bronson sets | out -that there are two fundamental | questions involved: First, the status | of the Bank of North Dakota, and, second, the right to availl of garnish- | ment process in a proceeding against it. “The fact that an agency is a pub- ' lic institution or functions as an agon- | cy of the sovereign power does not ‘necessarily mean that its engage. ments of the state and that no assuitit by action may be made upon this agency by reason of the inhivition against suing a state without its consent,” says Justice Bronson. “The state may be prescrived that such agency shall be subject to action. dge Bronson, relating the statutes creating the Bank of North Dakotz also.refers to the case in which Carl Kositzky, former state auditor, tried to examine the bank, stating that the | supreme court at that time held that the matter was one of legislative in- tention and the bank had given this | power to the state examiner, and re- calling the decision which said “The i bank while, publicly owned, does have certain powers which - have hereto- fore been exercised and enjoyed exclu- sively by privately owned banks,” Justice Bronson holds the deposits of counties and municipalities as well | as of private individuals in the banx are not ‘sate public funds! Regasu- ing the bank act he said: “It would appear in the light of the principles above discussed that this bank act in question has been drawn with intelligent discrimination in or- der to avoid constitutional objection that might be raised if the state was directly engaged as the state in the operation of this bank, for it is plain- ly evident that serious constitutional objections to the operation and main- tenance of this bank might be raised j if the Bank of North Dakota should be treated as the state itself and be sub- jected to the constitutional provisions concerning the creation of indebted- ness either present or future and the limitations of indebtedness prescribed in the constitution.’ “The fact that the act provides that all deposits in the bank are guaranteed by the state does not show an inten- tion that the operation of the bank is a direct engagement of the state as such, Rather it discloses an inten- tion to create a distinct status for the bank apart from the state itself.” In concluding he said: “It is ac- cordingly the opinion of this court that, through the plain provisions of Section 22 of the Bank Act, the gar- nishment process as herein instituted is available in an action against such bank.” Robinson's Views. Justice Robinson explains his posi- tion as follows: March 12, 1921—In the garnish- ment against the Bank of North Da- kota the leading opinion has been formulated by Mr. Justice Bronson. It is thorough and well considered and is signed by four of the judges. Here is the conclusion of a short concur- ring opinion by Chief Justice Rodin- son; By the constitution every pe: | entitled to a remedy by due lof law for for all wrongs do } in his person or property. W» hank received deposits and ret! repay the same it does the dep?s a manifest wrong for which there (Continued on Page Six)