The Bismarck Tribune Newspaper, April 4, 1921, Page 1

The Weather FAIR FORTIETH YEAR ISMARCK TRIBUNE = BISMARCK, NORTH DAKOTA, MONDAY, APRIL 4, 1921 _ PRICE FIVE CENTS UNITED STATES DECREES GERMANY MUST PAY DEFIED COURT IN WEHE CASE Judge Nuessle, However, Re, fuses Ordering Citing Action For Cpntempt | “PEOPLE MUST PUNISH” Attorneys for Governor Deny | Authority of Court to Issue Writ i \ Judge W. L. Nuessle, of district! court, today refused to cite Governor Lynn J. Frazier for contempt of court “not because he did not obey the order of the court and is not guilty but because he is Governor of the state and is charged by the con- stitution with seeing that the orders of the court are enforced.” A request that Governor Frazier be cited for contempt of court was made by Li J. Wehe in court today, at the time of the return of the alternative writ of prohibition issued by Judge iNuessle prohibiting Governor Frazier from holding a hearing of charges against Wehe to remove him as com- missioner of the workmen's compen- sationbureau. The application of Wehe asked that the Governor be cited for contempt and that a date be set for his appear- unie to answer. Judge Nuessle refus- ed to cite the Governor, but comment- ed in no uncertain terms upon the ac- tion of the Governor in holding the hearing in face of a court order pro- hibiting it. ' ) Says People Must Punish, Judge Nuessle declared it was “a sad state of affairs” when any official, no matter how high an office he might hold, should by virtue of that office refuse to abide by the actions of the courts. The judge pointed out that as Governor Frazier had the power as Governor to set aside any punishment of the court. i “I cannot deny: the feeling, how-! ever, that the Governor is in con- tempt of court,” said Judge Nuessle’ “put hia punishment must come trom the people.” The judge added that if American ideals still prevailed the people would: be: vindicated. Judge Nussle suggested that the attorneys who participated in the ac- tion might be subject to contempt or subject to disbarment. No proceed- ings had been brought against the attorneys. (Deny Court is Superior. i The answer of the Governor to the alternative writ was- signed by Wil-| liam ‘Lemke, attorney-general, and George K. Foster, assistant attorney- general. Mr. Foster asked Wehe and: his attorney, Theodorg Koffel, if they had not appeared before the supreme court and asked for the same writ and that it was refused. ‘Wehe said no petition had been presented but the matter had been discussed in- formally, ' The answer of the Governor denied the jurisdiction of Judge Nusssie over the Governor, and asked that the writ be quashed and vacated, Mr. Foster, arguing the matter, cited several cas-; es and asserted that the Governor was acting as the chief executive of the state and that he was not inferior to the court. f Judge ‘Nussle asserted that, realiz-' ing that the question of authority was a delicate one, he had considered the petition very carefully before issuins the alternative writ. 33 DEAD FROM ~TRAINCRASH ON MEX LINE Candidate for Mayor One of Those Reported to be Dead | { Eagle Pass, Tex., April 4.—Thirty- three persons were killed in a collis- jon between a freight and passenger train on the Mexican National line at Villa Gartra, between Parradon and) Monterey, according to reports here: today. The time of the accident was not given. The only identified person killed was Victor Villareal, candidate for mayor of: Piedras, Negras, the town) opposite Eagle Pass, the report said. | “ 99 ARREST “FUZZY | FOR ROBBERY GRAND FORKS, \. D., April 4— Broken in spirt and repentant, Frank E. “Fuzzy” Brislan, 712 North Fifth street, is confined in the city jail] awaiting arraignment on a charge of} embezzling $500 worth of Liberty) bonds, owned by John Ford but taken} from the local office at the Great Northern Railway where , both men; were employed. Police say that more than $1,600} worth of bonds are missing from the Great Northern but, the complaint! only charges Brislan with the theft of paper valued at $500, to which he has confessed guilt, officials claim. brislan is also suspected of attempt- ing to hold up Ticket Agent Hugh) Kier on Sunday night when an un- successful attempt was made to rob the depot. SAYSGOVERNOR | Mrs. Samuel R. M’Kelviepwife: of-Governor of Nebraska, | Mra. R. H. Tracy, Joe Dietrich; sec-| who does her own housework in 21-room home. I ae eer aoe GOVERNOR'S PAY RIDDLE SOLVED “How'd We Live on $2500? We Didn't!” Says Wife By Newspaper Enterprise ILINCLON, Neb., Apiil 4-—How Governor Samuel R. McKelvie, of Nebraska, and his wife got through the two years of his first term on 32,500—the lowest yeinly salary paid any governor in th2 United States—’ is explained at last by Mh Mclelvie. “Candidly.” tn2 first lady of Nebraska, “we didn’ * ‘The pits of st all is that unkes a man, having aspirations, to become governor of » ska, is blessed with an independent inceme, he cunnet hope to occupy the chair,” For his sond term che governor is drawing $7,500 a year. That figure, says Mrs, McKelvie, is between one and two thousand dol- lars short of the amount y spent during the first term. “But we will be able to make out some way,” she smiled, referring to the income from the governor's farm weekly printed in Lincoln. i Hire No Servants. Governcr and Mrs. McKeivie's beautiful 21-room home is kept up en- tirely without the aid of servants. Mrs. McKelvie and hér mother, who lives with them, do all of the cook- ing. and work. The McKelvjes have never lived at the executive mansion, preferring; their own residence. | “The governorship is only a tem-/ porary honor at best,” says the first) lady. “Governors are soon forgotten. | 1 doubt very mach whether I could name the governor of six yeas ago without deep thinking. “Society bores me to death. It's. sc much like bridge—unless you re like it, you are certain to be bored. Upon entering the McKelvie home one receives th imprssion that it is costly furnishd, yet the governor's wife says there is not a single piece of expensive furniture on the floors. Rugs, lamps and other articles have been constructed entirely by Mrs. McKelvie and truly aye works of art Underwear Rugs. “My friends laugh,” she “when I tell them several of these rag carpets were made from Mr. Me- Kelv undergarmnts.’ She is always busy and loves to cre ate. She is a talented musician, hav- ing two degrees, but, she exclaims: “Goodness, I don't seem to find time to touch the piano any more. Every morning I wonder how I am going to accomplish all 1 have outlined for the day. ; . “Houses to me are oppressive it just built with money. Originality is the biggest thing, or, to use au e€X- pression—‘pep’.” 2 MERCURY HITS HIGH SPOT IN SUNDAY CLIMB April is Established For City Old mercury started ‘out to hitch his wagon to a star Saturday and Sunday and came pretty near doing it. The weather bureau today reported that the thermometer reached 81 de- grees above zero Saturday afternoon and between 3 and 4 o’clock, Sunday afternoon it was 82.1, These temperatures establish a new record for the first part of April, it was stated at the weather bureau, al- though the thermometer has risen as| high as 90 during the latter part vi| the month. i The sudden rise must have melted! a lot of the ice in the Missouri be-! fore it could float past Bismarck, as} there was very little ice run the river today, and the drive had; dropped a foot and a half since yes terday. A week ago Sunday, Laster, thermometer was close to zero. And it is hard ‘to believe but the weather forecast is “snow probable to- | night and Tuesday.” the $50,000 Ward Seed Loans, i MINOT, N. D. April 4.—-Ward coun-} ty farmers will receive between $40,-| 000 and $50,000 in federal seed aid,| according to ‘N. D. Gorman, county) agent, who has charge of the relief} work in Ward coun Some 400! | farmers are expected to receive help! north of the township line. from the government, { Wane! ee Spore ete Housecleaning Time Is Now Upon Us i | | ! Let a Tribune Want Ad- | vertisement help you clean | | house, and prepare for the summer months. Doubt- | less there are in your homes | j articles for which you have ! ! no further use, but which | | if advertised may find a j | i ! i ! | | | i | j ! ! i | | ready sale:— Those extra chairs, beds, or other articles of furniture can be turned into ready_ money through the me- dium of a want advertise- ment. Have you a ant room for rent or house for sale or rent? Try a classified advertisement— THEY GET RESULTS! | P.M. the hours fixed by state.law. AT 8 O'CLOCK FOR CITY VOTE State Election is Provided i WHERE YOU MAY VOTE! ARMIES FALLING BACK. T0 SPEECH OF | Voting Places ‘ahd Officals List- | ed Forlythe City | EI ‘tion H q st Bismarck voters have plenty of time to vote in Tuesday's city election. The! Polls wil be opén from 8 A. M. to 9 Both sides in the city commission fight appeared donfident today, and; both expressed the hope that a full! vote would be cast. There are about! PA EA ec ARS Ca ea BEELER Yk |POLLS T0 OPEN GREEK KING'S BROTHER SAID TURKS’ VICTIM ‘Hour Earlier Start ‘Than in|Moslem Forces Reported Ad-' -vancing all Along the Line on Greek Turks Following Their Advant- age and Press Attack on Greek Columns. London, April 4.—Prince Andreas, of Greece, brother of King Constan- tine, has died from wounds received in fighting near Brusa, says a Con-! stantinople dispatch to the Evening News, quoting a Turkish announce- ment. The Turks also assert that General {TO RE-OPEN SALEM BANK | NEW SALEM, April 4.—Plans have ; been made to re-»pen the Uni ers State iank, i because of iempor | directors and oll 0 and expect soar i$ 000 which they de: re-open the biak, A new cashicr wil be elected. to have the LOOK FORWARD © LLOYD-GEORGE British Premier Expected to Speak on Coal Strike in i i : | Common ‘PLANTS ARE TO CLOSE! raised | HUGHES HOLDS "BLAME OF WAR American Secretary of State Urges New Negotiations With Allies, SUGGESTS NEW BASIS German Foreign Minister De- clares Germany Realizes She Must Pay Washington, April 4.—(By Associ- ated Press.) —Formal statement of the United States as to German repara- tions is contained in an‘ exchange of communications with Germa govern- 3,500 voters:in the city. ‘This number! Vlachapoulos who was in command of’ Arrangements Also Proceed: ment officials, made public today by the state department. They are in ew Record For First Part of may be cut considerably owing to the| the Greek attacks against the Turk- fact that absent. voters’ ballots can-/ ish nationalists on the Brusa front, ; not be cast in city elections. ‘There | has been killed in action. were about 300 absent voters’ ballots | IREEKS F , cast in the general ciection last fall.i ¢, GREEKS FALL BACK. As OR the Railot i ‘onstantinople, April 4—(By the anatt 4 +H fe Ballot. | Associated Press.)—The Greek army. ‘i ie ean lates in the order that/ which has been operating against Ks- hey will appear on the ballot, the or-| ki-Hehr, has been driven back behind der being determined by a drawing,| the Brusa lines, following its defeat are: i President City Commission, F. H. Register. A; P.Lenhart, The jombers City Conanission, | Turks, it is added, were advancing n (2 Eleeted) | energetically. CONSTANTINOPLE April 4.—The : Greeks were completely defeated in ‘i serted tod this effect has been received. ‘y A. Thompson. S. S. Clifford. C. Bertsch, Jr. Police Magistrate. Anton Beer. Geo. V. Haliday. W. C, Cashman, Geo. H. Dolan, B. F. Flanagan. Justice of the Peace, No candidates. Officlhls of Election.” Officials for'the election are as fol- | lows: First ward, first precinct, in- — TOHURRY OUT ward, second precinct inspector, A. S.! Austrian Government Says it Bolster; judges, H. C. Postlewhiate, E. | Me V. Lahr; second ward, precinct No. 1,;' Will Cancel Safe Conduct a communication by Mustapha Kemal | Pasha. TELL CHARLES ‘the form of memorandum transmit- For the Rationin; ie | ted through Loring Dressel, American of Coal i | | (Associated Press) i | LONDON, April 4.—The coal strike| situation continued to be the fore: | most topic of discussion today, with been plunged by the shutdown of! i collieries, > | Everyone was awaiting the expect:| ed statement by Lloyd George, prime| ‘late this afternoon which, it was hop-; ed, would have a clarifying influence. | ; As far as the colliery districts were, concerned the best news was that the | rush of water into many of the pits ; Was being stayed, the management, ‘with the help of volunteers, manning | the pumps. | Forced to Quit. i In other mines with fewer volun-: teers available, the waters were grad-| ‘ually gaining on the workers. | In one colliery in Wales a fire was reported burning which it was feared! would destroy the work. Some of the : Fifeshire volunteers were forced to! quit by the striking miners. H high commissioner at Berlin. The German communication dated March 23 \was written by Dr. Walter Simons, German foreign minister, and | asserted it was “entirely clear” both to the government and the people “that Germany must make reparations i | by the Turkish nationalists, it was as-i labor, commerce, trade and finance’ to the limit of her abilit 2 eaves | y y to pay,” bi i Authoritative sources | deeply agitated over the serious con-! sought “examination by unbiased on i declared confirmation of reports to dition into whch the community has! Perts” to determine the extent of her ability, Hughes Pleased. In his reply dated March 29, Secre- tary Hughes expressed pleasure at Germany's “unequivocal expression” the battle of Eski-Shehr, according to; Minister, in the house of commons,! of its desire to pay to the limit of ability and declared the United States “stands with the governments of the allies in holding Germany responsible for the war and therefore morally bound to make reparations so far as may be possible,” Germany Must Pay. “This government,” Secretary Hughes’ memorandum said, “believes that it recognizes in the memorandum ot Dr. Simons a sincere desire upon the part of the German government to reopen negotiations with the allies on a new basis and hopes that such negotiation, once resumed,’ may lead to a prompt settlement which will, at the same time, satisfy the just claims inspector, John. Forrister; judges,! If He D % ' Authorities at ‘London were pro- _He paseo jcetling today with their arrange-/of the allies and permit Germany | ond: ward, seGond precinct, inspector, | Se Pffrenitmenty for the provisioning of thé | hopefully to renew its productive ac- Frank Hedden; judges, Dean Smith,{ VIPNNA, April 4. (By the Associ-| people of the country if the meetings j tivity.” ©. W. Moses; third ward, precinct No,| ated Press.)—The Austrian cabinet) i1, inspector, E. G. Wanner; judges,| h#s notified the Hungarian govern- H. S. Dobler, John Barbie; third! ment that unless an early hour is set | ward, precinct No. 2, inspector, Cart for the certain departure of ex-Bm- 'Kositzky; judges, Carl Bredy, V. §.| Peror Charles, the Austrian govern- | ' | ment will cancel his safe conduct. ' Dingle; fourth ward, inspector, Joe Brown; judges, Paul Wachter, Peter | This notification has evoked a com- ment from Hungary that Charles Aller; fifth ward, inspector, ¥ | ' Lomas;‘ Judges, I. W. aetnare would leave that country in 48 ‘hours old Griffith; sixth ‘ward, inspector, (70m Sunday night, | dein rea judges, Harry Clough | RETURNS TODAY, ,@. 4. Anderson. | London, April 4.—A Vienna dispatch | to the Central News states the Swiss The voting places follow: | legation at the Austrian capital has ‘ announced that former Emperor i First Ward. 7 | Precinct No. 2—Territory west of} Charles will return to Switzerland to- | ay, ‘center line of Mandan avenue and; Me north of the township lne, which! ;runs east and west, between Rossez i street and Avenue A. Polling place,| zerjand will be only a way station on |C. B. Little's garage, on Washington ' the return journey from Hungary of javenue betwen Avenue A and Ave-) Former Emperor Charles, it is stated jnue B. semi-officially here. Permission for | Precinct No. 1—Territory east of; him to re-enter this country is said center line of Mandan avenue 2d) to have been given only to secure {north of the township line which runs} pedce for Hungary and Austria. | east and west between Rosser street, [t is the general supposition that ‘and Avenue A. and west of center Charles will take his wife and chil- Places to Vote. ONLY WAY STATION. Berne, Switzerland, April 4.—Swit- called for Tuesday and Wednesday! we sh WN tara resulted in the railway men and trans: | TO RENEW PEACE EFFORT. port workers deciding to tarow in! Washington, April 4.—President their lot with the miners and join Harding is understood to have approv- them in striking, ‘ed immediate re-introduction of the Announcement that additional big! Knox peace resolution when Congress industrial works were preparing to! reconvenes next week. Final decision suspend their double shifts prepara- has not been reached, it was indicate: tory to total closing and clamping, today, by Republican leaders as to down of the furnaces came during the | when it would be pressed for adoption. morning. \ vows are said to be entertained in ata administration circles that defin'te TONDON Merits Board of | Progress toward the concert of nations Trade issued orders rationing coal! !" 4 new world peace program m‘ghi and restricting its use in the British be possible within a short time. For Isles. that reason it was intimated a period ,of three months might he allowed he- !fore action on the resolution was BANKER ARE ; taken by Congress. | Some of Mr. Harding’s advisers are 'gaid to hold that with the Knox reso- ‘lution pending an influence would be exerted on the thought and action of ms 4 , other powers in their consideration of |peace questions which might be SULLIVAN, IIL, April 4—W. A | brought forward. To this would be Steele, president, and Z. 3B, White-| added the natural influence of the field, cashier, of the Merchants and debts owing the United States. Farmers State Bank of Sullivan, were line of Fifth street. Polling place, North Ward school. { Second Ward. Precinct No. 2—Territory west of the center line of Mandan avenue south of the township line, and north, ning In| of the center line of Broadway. Poli-| CHICAGO, April 4, ing place, Kraft’s Garage, Hannifin and Thayer. | Precinct No. 1—Territory east of the center line of Mandan avenue andj west of the center line of Fifth street,’ south of the township Hine and north! of the center line of Broadway. Poli-| ing place Will school. ! Third Ward. | Precinct No. 1—Territory east of) the center line of Fifth street west of) the center line of Tenth, north of the, township line. Polling place high; school. \ | Precinct No. 2.-Territory east of} the center line of Tenth street and: Polling place, F. Richholt school. Fourth Ward. Territory south of the center line of Broadway and west of the center line of Fifth street. Polling place, Wach- ter school. Fiith Ward. Territory south of the center line 0° Broadway and west of the center li of Fifth street. Polling place, Little building, Third and Broadway. Sixth Ward. Territory east of the center line of Fifth street south of the township line and north of the center line of Broad- way. Polling place, fire hall. The present city commission will meet a week from Tuesday to official- ly canvass the vote and the new mem- bers of the board will take office on the third Tuesday in April. D. BEES PIERRE, S. D., April 4.—Every! busy little bee will be run down by the tax as rs when they start on their ann hunt this spring, be- cause of the recent decision of the state tax commission to impose a tax on bees the same as on other, prop- WILL TAX dren to Spain. CARPENTERS REFUSE CUT Fifteen thousand carpenters voted against proposals to accept a wage reduction from $1.25 to $1 per hour. F SUNSHINE FLOODS P arrested charged with embezlzement. A shortage of $262,000 was discov- ered, i BOYER WITHDRAWS ' ‘MINOT, N. D., April 4.—E, H. Boy- er, who filed a petition to have his; name appear on the commissioner} ballot in the city election April 5,) has withdrawn. { ISON WALLS | AS FIRST BASEBALL GAME OF THE = SEASON IS PLAYED BY CONVICTS | Sunshine flooded yesterday. And more than a hundred convicts spent the happiest day in the months. It was the opening of the prison base ball season, with the usual Sunday music and movie show in the evening thrown in for good measure. For the first tfme since winter closed about the brick walls all the nvicts were out in the big enclosure, either playing hbase ball or rooting and basking in the sunshine. The prison crowd of rooters are happy but not hilarious, for months of con- finement is not conducive to hilarity even on such a day as yesterday. They rose to the occasion, however, when in the last inning of the ball game the prison team batted out a victory, and the cheers reverberated against the high walls. Arthur Bauer gathered up his team of “colts” an met the prison team. For the town team Mike Snyder was catcher, Christenson pitcher, the two alternating their positions in the lat- ter part of the game; A. Anderson, first base; Tom Cayou, second hase: Frank Roberts, third base; Bauer, shortstop; Joe Boehm, eld; KE. Burhanan, rightfield, and Oscar Raeen, rightfield. Some in Fine Spirits. The prison boys limbered up as long the penitentiary erty. ag possible on the diamond, for it was their first time in uniform. Some were in exceptionally fine spirits and their jokes all had a prison tinge. “Well, well, get a little life!” ex- claimed Joe Snyder, umpire. “Huh, I got life!” answered a pris- oner. “Chief Yellowhorse,” the prison team pitcher, and Peoples, the colored second baseman, stood most of the “razzing” from fans and took it in fine spirit. “Put him in the hole! Take him to the dungeon!” were heard from the prison rooters when a player made a particularly glaring error. The score was not important either to the teams or the rooters, for every- body had played in or seen the first ball game of the season, and that was glory enough. In the sixth inning the prison team batted out seven runs, making the score 11 to 10 in their fa- vor, and the game was called to al- low the prisoners time to eat before the movie show and music of the'even- Ing. Over the Fence! Al Anderson, whose long hits were a feature of last years Bismarck city team’s playing, packed a regular Babe Ruth club yesterday and pushed a ball across the centerfield prison wall, the longest hit of the day. “Oh man, let me ride on that ball,” yelled a prisoner as it soured over the ORDERS FIFI’S ALIMONY PAID IMMEDIATELY Referee Hearings in Case Stayed Pending Final Decision White Plains, N. Y., April 4—Jus- tice Morschauser, in supreme court here today, signed an order directing that payment of alimony and counsel fees in the divorce proceedings brought by James A. Stillman, New York banker, against Emma U. “Fifi” Stillman be made within 30 days and that meanwhile referee hearings in the case be stayed. COURT REFUSES ~ 'T0 OPEN CASE state supreme court today d to reopen the state bank garnishment case, denying the re- quest of Attorney General Lemke that the decision holding that the funds in the state hank were sub- ject to attachment be set aside and a new hearing be granted. The court stood four to one on the issue, same as in the original opinion, ENDORSE RELIEF PLAN FOR SOUTH Washington, April 4—Use of the combined financial resources of the south te make possible the exporta- tions of that region’s agricuitural products with resultant relief to the producers was endorsed by adminis- tration officials and bankers at\a con- ference held today under the auspices Th prison wall. of the war finance corporation,