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

The Weather FAIR . FORTIETH YEAR STATE RISK I Last Edition ’ BISMARCK, NORTH DAKOTA, TUESDAY, APRIL 5, 1921 __ THE BISMARCK TRIBUNE Entire Credit of State | Not Behind Bank, Ruling ‘ Important Decision of Supreme Court Regarding | Status of Bank of North Dakota. as Institu- | tion Separate from State Itself Expected to| Settle Status. of Other State-Owned Indus- - tries—Position Made Necessary in Laws Gov- | erning Bank by Constitutional Limit Su-| preme Court Says in Denying Rehearing in Sargent County Ga Subject to Garnishment. GRACE DISSENTS FROM MAJORITY VIEW <«girctio The Bank of North Dakota been authorized to use in whatever way may be deemed expedient Partisans Busy With Automo- and within the law in order to ma rnishment Case—Banks, “may hazard the capital it has ke the banking business a success, but it can not involve the state by attempting to pledge its credit in transactions the state is expressly prohibited from entering into,” declares Justice L. E. Bird livering the majority opinion of rehearing in the Sargent County garnishment case. Further stating the majority opinion of the court that the zell, of the supreme court, in de- |’ the court in declining ta grant a: Bank of North Dakota can hazard only the $2,000,000 capital the state has supplied, Justice Birdzell says, the bank, “although owned by the state, is not in fact the state.” The status of the Bank of North Dakota is apparently ‘well defined by the supreme court in i Christianson sign Justice Birdzel ts action. Justices Robinson and I's opinion, Justice Bronson holds against a rehearing in a separate opinion and Justice Grace, who dissented in the first decision, also dissents on the matter of re- hearing. Limitations o! } f Constitution Were the Bank of North Dakota and the state one and the ;men had cast their ballots. N HARDING NOT ~ COMMITTED OX ENDING WAR Senators However, Say; That Peace Resolution Is to Be Passed 1 | | VOTERS TAKING. THEIR TIME IN CITY ELECTION Vote Disappointing to Those'U. S. Senators tAre Against Who Believed There Would America Joinigg Treaty Be Rush Covenant { | i | | | i] | | | R i | | ' i | NOT TO ENER, LEAGUE i "|, Washington, , April ‘ashington, , Apri 5,—President | LUXE”| Harding is not committed to any defl- } nite program. with regard to a Con-} | gressional declaration to declare ‘the | ; state of war with Germany at an end | | While tho president voted for the | | Knox resolution when he was a mem: / er of the senate and spoke favoral Voters were slow in getting to the’ with regard to‘it in his address of | polls in the city election today. | acceptance he is understood. to feel | Although this was the “election de) 4), a gi RN luxe’—there are enough automobile: Hae there is no occasion for precipi-| to carry nearly everyhody to the polls | *#te action at, this time. i —early this afternoon the vote was: The president’s views with regatd! lighter than was expected. The @ gent efforts of partisans manning { | N DE biles Getting Voters to the Polls | be made known at the opening session bring out hundreds before the polls! tive may address in person, close at 9 p. m. time, it is known that the president: In the Sixth ward, voting place at|and his advisers. are the fire hall, the women put the men i and more convinced that there is no! to shame. At 1 o’clock this. afternoon | practical way to consider the Versall- 158 women had voted and only 125/ les covenant, ‘There; ASIN were nearly 700 votes cast in thi vibe erent anelt ward at the last general election. . administration intends to, N. D. WOMEN TO PAY POLL TAX North Dakota women, having become citizens and voters, must pay a school poll tax, George E. Wallace, state tax commissioner, has just issued in- structions to assessors to list all worren of 21 years or over for the schocl poll tax to $1.50 each year. ‘Women are exempted from the road poll.tax of $1.50, because the constitution makes it applicable only to male citizens, Mr. Wal- lace said. If every woman ia the state paid a poll tax the school funds would be enhanced by about $1,000,000. GERMANS ARE DISAPPOINTED TWULS. VIEW Newspapers Can Find No Solace in Statement of Secretary Hughes BERLIN, April 5. (By the Asso-cati ed Pres$),—German newspapers com- | menting today on the communication | from Secreiary Hughes {to the peace program are expected to! Teparations, express disappointment. | reaching a decision. They find no basis in it for the prev-| tomohbiles, however, was expected to. of the new Congress, which the execn-| fous optimism that the United States) 4:39 o'clock Wednesday morning Mean-} Would support Germany financially or} give moral sipport in seeking relief growing more (from indemnity demands. organs criticize! The Pan-German the Washington administration fo “its insistence upon the false asser- tion that Germany brought .on , the 5.— The, war and must accept the responsibil-| men’s attitude at tomorrow's plenary city. my for it.” The only light seen by 4 regarding! tion on the strike of british miners, PRICE FIVE CENTS BANK $2,000,000 IMMIGRATION ASSOCIATION FORMED BY REALTY MEN OF BISMARCK TO BOOST COUNTY RN RAS AS, TRANSPORT MEN “MAYSTRIKE IN ENGLAND SOOM | Consider Sympathetic Action With British Miners | Join Hands and Employ Agent to Go Into Other States for | i | Immigrants | PLAN BOOSTING DINNER Under Auspices of Commercial Club Banquet Will Be Held Friday Evening | ‘The Bismarck T . | ¢ Bismarck Immigration Associ- CONSIDERS: ation came into being today. \ Backed by the real estate dealers of the city it has two objects in view. They are: | 1. To boost the cit other Bismarck stettitony. | ‘0 drive home the advantages | of North Dakota farm land and bring | LONDON, April 5. (By Associated! settlers-into the state, | Press,)—For three hours ‘his niorn-| The real estate dealers have adopt- | ing 300 delegates of the ‘‘ranspurt ¢¢ no half way measures in ‘starting Workers Federation assembled ove association. They have employed continue the attitude of tne organiz E. Rooney, formerly a field agent SS APOC AE Ge ein of the state department of immigras The conferees! #on, to go into South Dakota, Minne- ~ ‘until Sta and other states to interest set- tlers in North Dakota land. On Fqual Basi | COMMITTEE After Long Debate Matter Is Taken Up By Workers Executive Committee county and | | i i i } | 1 to adjourned shortly after noon This afternoon the ional execu-) s ‘tive board of the ‘transport workers! | Prospective buyers will be brought | continued consideration in secret ses-| to Bismarck and shown farm lands sions the question of joining the m | listed, Commissions on sales will be ers‘ in their strike. 'Che exccutive; divided equally among the members | body probably will nave recommenda, of the association, which is expected |tions to offer as to the transport to include every real estate man in the As a part of the boosting era start- ed by the real estate men a dinner will | session of the delegate body. same it would be subject to many limitations, Justice: Birdzell says, : referring to the constitution which prohibits the state from loan- ing or giving its credit or making donations in aid of individuals, associations or corporatons. The court says “we are clearly of the’ opinion that the violation of the prohibition against lending public credit in aid of corporations, etc., is openly countenanced. by con- sidering the state and the bank as the same entity, as is done by the petitioners.” The, gualority of the court reaffirm: Pig Ee Gon its decision that the Bank of North and also in the act authorizing the eee S| In the Fifth ward 95 men had vote to 29 women early in the afternoon. The vote in the ward was estimated! at about 400. erminate the war between the Uni. {ted States and Germany by congres-) ; Sional resolution, M. Viviani, French: nvoy extraordinary to this country is understood to have been informed! the press is the phrase that Germany ‘is morally bound to make _repara- ,tions 30 far as may be possible.” be held at the Grand Pacific hotel Fri- ‘day evening, under the auspices of the Commercial Club, to which every usiness man in the city is invited. LEAGUE DROPS vhalf the expected vote. Dakota is subject to garnishment and ig in fact a separate’ agency or, in a way, a private institution, a view which Justice Grace declared in his first dissenting. opinion ,would strike, down’ the state: industries: . How It Affects Bank. One of the Important contentions of proponents of the Bank of North Da- kota, in its appeal for public confidence has ben that the entire state of North Dakota is behind it and the entire credit of the state is behind the bonds. The court now holds that it cannot involve the state beyond its $2,000,000 capital. “These limitations, for the reason hereinbefore stated, are such that the judgment obtained is only binding up- on the state to the extent of the cap- ital it has put into the bank. For the purpose of determining this liabil- ity the bank is in legal effect an on tity, for it is legally incapable of bind- ing the state beyond its interest in its capital funds.” Referring to the constitutional pro- vision, authorizing the state to, en- gage in industries, Justice Birdkell says that the very provision relied upon by Attorney General Lemke to support his argument “that the Bank of North Dakota is the state of North Dakota, we find that the section re- lied upon.prohibits the state from do- ; ing the very thing that thesjegislature has expressly authorized the bank to do and. which it has done, namely, Joan its credit to individuals, associa- | tions or corporations. He continues: The Dilemna. “If the Bank of North Dakota is the State of North Dakota, it could not, therefore, possess any such authority as the legislature has expressly con- ferred in Section 15 (of the bank act). It Surely would not be contended that the state, when acting as the Bank of North Dakota,’can do the things which the constitution says the state cannot do at all! The state, when function- ing as a bank, is still subject to the express limitations of the constitution. The creation of this agency of the sov- ya] ‘home building series (Chapter: 24, Laws Special Session 1919, Section 6). Section 7 of the Bank Act provides , for the deposit of all the state funds in the Bank of North Dakota. | (Note “bowever, the exception of the sinking{ fund of real estate ‘series (Chapter 154, Laws 1919, Section 7). This, of course, would include the proceedg’ of the sale of bonds. These proceeds are, in'the case df the bank bonds: ‘designated as the capital of the Bank! of North Dakota.’ Section 4, Chapter! 148), and, in the case of the mill and elevator series, the proceeds are re-| quired to be ‘placed by the Industrial ” Commission in the funds of the asso-| ciation.’ Section 7, Chapter 153.), . Again referring to Section 15 of the Bank Act, it provides that the Bank may transfer funds to other depart- |ments, institutions, utilities, indus- | tries, enterprises or business projects, of the state which shall be returned, | with interest to the bank, Now re- ferring to Section 175 of the consti-! jtution which reads: ‘No tax shall be levied except in pursuance of law, and every law imposing a tax’ shall state dis- tinctly the object of the same, to which only it shall be applied,’ it is pertinent to inquire, what rela- tion the bank or the state sustains with reference to the various deposits of public funds required to be deposit- ed therein. ; Would Lose Character. “If the bank is but the. state ho}j-' ing these funds as a mete custodian, as 2 treasurer would hold them, they would not lose their character as pub-: lic funds; and if the bank, in all its business relations, is but the state,! whenever it would follow the express direction contained ‘in the law to; j transfer, invest or loan its funds, it! would do so in the direct pursuit of 4 | governmental object. Manifestly, if this governmental object should differ ‘from that for which the funds were; originally raised by taxation, the man- | ‘ date of Section 175 of the constitution, | requiring tax moniés to be applied to the;purpose for which they were rais- | i met at the secretary’s office in thig|and Dr. Walter Simons, German for-' ad. the membership fee is devoted to sub-| reparations In the Second ward, precinct No. 1,/ 1ast night at a dinner at, the home voting place at Will school, 100 men or Senator McCormick ot'llinols had voted and 54 women at 1:30! ‘The former premier was also in- o'clock. This was a little~more than | formed, it was said by Senators pres- lent, that the progr At the high school 125 men had vot-| tration does not cot @d to 78 women early in the afternoon. | of the United St: The total vate of the ward is about’ of nations. 600, . | Those at the dinner stated that M. It was generally predicted that the Viviani had been told frankly that it total vote in the city election would! was useless to discuss the possibility) not exceed’ 3,000, and perhaps fall; of American membership ‘in’ the short*of timtynumber. A larger per-| league of nations. Most--of the Re- centage of the woman vote was ex-/ publican members of the senate for-, pected this afternoon, with many men| eign relations committee and Colonel; not voting until late this evening. | George Harvey of New York: prospec- AN AUDIT MADE; ACCOUNTS 0.K | panied by Ambassador Jusserand, | was said to-have been informed that Good Roads Magazine Is to Be Issued in Near Future | sentiment of Republican leaders was | virtually unanimous for adoption of | the Knox separate peace resolution, | subject only to possible amendment; ; from its original form, early in the; a) special session of congress. M.| Viviani was described as appearing ‘ “reconciled” to the situation, i | PARIS VIEWS, Paris, April 5.—Newspapers of this} | pe Seen | city devoted much space today to the} ‘The auditing committee of the North) Correspondence between Charles | Dakota State Good Roads Association | Hughes. American secretary of state,! city yesterday afternoon and audited | elgn minister, relative to responsibil- the books, of the association. Those ity for the war and reparations. present wer President I. J. Moe of Val-| Most of them expressed great satis- ley City, Treasurer J. L. Bell and Di-| faction with the reply of the American rector’ Phil Meyers of thjs city. The! secretary, oes committee found everything in shiz-: SEE ANOTHER MOVE. i SEE A) ER } . Sr Tee Geran eR London, April 5.[t is’ ¥elieved here be accounted ‘for ’, | Germany's next move will be a direct ‘ % a j approach tothe allies. As to thig it a) ee ore oe mere is stated in official quarters that ao been moved to the Lucas block, and| GeTman proposal will be dismissed: : #0) = without serious condition by the allies, | everyone interested in good roads for! i LONDON, April Official British) North Dakota are invited to call and| make themselves. at home. | opinion on the note sent by Secretary} The North Dakota Good Roads Mag-| Hughes to Berlin on the reparations} azine will be issued this. month for the! question, it was learned today, is that/ first time, and will be sent to all mem-; Germany failed dismally in her at! bers of the association, as a portion of; tempt at a new method of solving the problem—that of ap) It will be! proaching America for assistance. | a 32-page book, and will contain he-| British officials believe Secretary) sides news pertaining to road build-| Hughes’ note indicates a refusal by; ing a carefully selected line of adver-| the United States to be a party to tising that has to do with road build-| any German attempt to escape re-) ing atid maintenance. The first issue| sponsibility for the war and repara- will be 3,000 cépies, but in a few/| tions payment, scription to the magazine. | 300 CLAIM OUTRAGES NUMBER 10,894 LONDON, April 5.—Dennis Henry, of the adminjs-' attorney-general for Ireland told the; emplate entrance; House of Commons there were 10,894; ates into the league! outrages against the British military! forces’ in Ireland the past year. ‘WING T0- HOLD BLECTION ON VILLAGE PLAN’ Petitions Filed With Commis- sioners to Incorporate _ Townsite Wing wants to fly into the class of an incorporated village. The county commissioners, meeting here, approved petitions for an €lec- | tion to be held Saturday, April 23, when the people of Wing will deter- | Mine if it shall become an incorpor- ated village, With the petitions filed with the commissioners was a plat of the town- site of Wing. The petitions indicated the population of Wing to be nearly 3 It is required that an election b3 held to determine the matter and the election, set for April 23, will be held in the Wing school house. RELEASE BOY BANDIT FOR OBSERVATION (FARGO, N. D., April 5.—Loraine Nolan, 17, charged with robbing the First State Bank of Tokio, ‘N. D., on March 27, has ‘been released on $2,000 bonds furnished by his father, and will be observed by physicians to de- termine his sanity. The boy held up the bank, according to police anthor- ities, and escaped with $250, He was arrested shortly after the robocry. TAX EX-SERVICE MEN, St. Paul, April 5.—The house, today ereign power can not result’in a oq, would clearly be violated. Can it super-state—a government function-'}6’ seriously ‘contended that monies’ ing without constitutional restraint. It raised by taxation for the support of | (the bank) may hazard thd capital it ihe public schools in a remote sectioi | has been authorized to use in what-) oF the state are authorized to be used ever way may be deemed expedient and for the purpose of building a home: within the law in order to make the) so 9 hank cashier in the Capital City months the circulation will climb to, 10,000. | | Germany has still in store machines | horses and railroad material worth) about.100,000,000 francs to Belgium, , IDAHO IS HIT BY BLIZZARD banking business a success, but it can not involve the state by attempting to pledge its credit in transactions the state is expressly prohibited from en. tering into. The Bank Law Provision. “When we extend the examination of statutory and constitutional pro- visions with a view to determining the character of the agency of the bank, additional provisions are found which demonstrated that the bank, though owned by the state, is not in fact the state. Turning now to chapter 148 of the Session Laws of 1919, which pro- vides for the issuing of the bank series of bonds. After prescribing the formalties for preparaticn and issu- ance the law provides in section 4: “Nothing in: this act, however, shail be construed to prevent the purchase of any of said bonds with any funds in the Bank of North Dakota.” “Similar provisions are found in the acts authorizing the issuance of. $5. 000,000 of honds of the mill and ele- vator series, (Chapter 153, Section 7) in the act providing for the issuan of -$10,000,000 of bonds of the real es- tate series (Chapter 154, Section 6),! :of the state? This is the logical re- | sult of the petitioner's argument. The | steps are these: The bank. is thé state | because the constitution authorizes | the state to engage inthe banking bus- j ness. The things that are done by the ; bank are therefore done by the state jin pursuit of whatever governmental object the bank is authorized to at- | tain. To attain these objects, public | monies are required to be deposited in the bank, there to be used-through loan or transfer to finance any of the authorized operations. The flaw in the argument as we See it, is this: It not only ignores the effct of express con- stitutional limitations upon the pow- ers of the state government itself, but | it ignores as well the legal effect of what the legislature actually did when it authorized the use of the credit of the state for the purpose of supplying capital funds to be used to form a separate organization through which ‘it might seek to accomplish certain ! governmental ends. In attaining these | ends, if the state should act directly, it would be hampered by reason of express constitutional limitations. But | it can hazard whatever money, law- | fully obtained, it may be e2uthorized (Continued on TAS Qe a era Housecleaning Time Is Now Upon Us Let’a Tribune Want Ad- vertisement help you clean house, and prepare for the summer months. Doubt- less there are in your homes articles for which you have no further use, but which if advertised may find a 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 vacant room for rent or house for sale or rent? Try a classified advertisement— | AND BIGSNOW Follows Earliest Spring on Ree-| ord and is Continuing IDAHO FALLS, Idaho, April | 5.— With a high wind raging the worst blizzard of the year struck here late yesterday afternoon and has contin- ued all night with unabated fury, pil- ing the streets in twelve hours with over two feet of snow. This storm followed on’ the heels of the mildest and earliest spring on record. PLAN RALLY ("FOR NESTOS MINOT, N. D., April 5.—Plans are being made for a rousing rally for R, A. Nestos, Independent recall can- didate for governor, here the latter part of this week. The program will include an old- fashioned torch-light parade and a | Passed a bill memoralizing Congress 'to remedy conditions affecting the re- ! habilitation of ex-service men. i PLANS.T0 HOLD COUNTER RECALL | State Committee Meeting in Far- go Seeking Fund of $150,000 i | ‘ | | | Fargo, N. D., April 5.—The Non-; ipartisan league will noi invoke a counter recall, it. was announced. to- jay. The announcement of the state ex-,; ecutive, committee said that it was felt that the recall had been proposed lagainst league officials without good reason and that the league could not take the same position. The matter of expense was said to be another consideration. ‘ The league committee voted to put’ speedy action into the collection of aj) campaign fund of $150,000. The league executive committee thinks the recall may be held before November 8. BERGDOLL IS IN COURT PLEA Draft Evader Must Stay in Dis- ciplinary Barracks 1 i Topeka, Kan., April 5.—Efforts of Edwin QR. Bergdoll, Philadelphia draft evader, to obtain his release from the army disciplinary, barracks at Leav- enworth were defeated today when Federal Judge Pollock, of Kansas | City, Kan., denied Bergdoll’s applica- tion for habeas corpus, The decision was filled in the federal district, court this morning. TO LEASE STATE LANDS Dickinson, N. D., April 5.—A. D, has announced that the annual leas- | ing of state lands in Stark county | will be held at the courthouse April 22 at 2 P.M. A PROCLAMATION! UNSUCCESSFUL | Gunderson, state land commissione?, | storm which ,Laoking Toward North Dakota This spring there have been’ an un- usual number of inquiries concerning‘ North Dakota. The renters in the in- flated land value sections of Iowa and other states have heard of the non- inflated, fertile farms of North Da- _ The | Bismarck Immigration Association is going after these men, to show them that the best land values in the country at this time are in kota. The _ North Dakota. Minot. started-an: association: somes time ago and already numerous set- tlers have been brought into the Mouse River Loop district. The lo- -cal men expect other cities in the state to take up the idea, to the bene- fit of their entire state. ‘VIVIANI FINDS U.S, FAVORABLE TOWARD FRANCE Says He Is Gratified With Sen- timent He Finds to Exist Washington, April 5.—Rene Viviani, former premier of France, in a state- ment today to the Associated Press, said the purpose of his visit to the United States was to sound public opinion in America, and inform the American people of conditions in France. The French envoy expressed gratifi- cation at the sentiment favorable to France he had observed in confer- ences with leading public officials about the “legal and political discus- sions which involved the treaty or peace,” 30 LIVES LOST IN JAP STORIE TOKIO April 5. (By the Associated \-Press)—Great property damage _ was done and 30 lives lost in a terriffic swept the southern coast of Japan Sunday night. Tele- phone and telegraph lines are pros- !trated throughout the southern part jot the empire, Tokio is still in dark- | ness and a number of houses were de- ‘ stroyed here. CHARLES STARTS The natural forests of our country are rapidly being depleted ‘by the axe and by fire, without replace these losses by the planting of more trees and sygtematic adequate effort being put forth to OUT OF HUNGARY conservation of those yet remaining. In our own state Nature has upon man the responsibility for servants of mankind. The custom of observing in each year a day on which to plant trees and shrubbery is a time-honored and beneficient practice that should become more general and not be a farm or city home in our great state without its trees and bushes. To encourage the planting and Governor of North Dakota, do hereby designate: FRIDAY, APRIL 22nd, AS ARBOR DAY and commend to the pupils in the schools and to all our people the planting of shade and ornamental trees near dwellings and along country highways and city streets and on unused lands that in years to come our fair land may become groves dotting and adorning the landscape. Done at the Capitol at Bismarck, this first day of April, A. D. 1921. By the Governor: given us few forests, which places BUDAPEST, April §.. (By Assoctat Pps Dp eST, April 5. (By Associat- _ the propagation of these sturdy ;ed Press.)—Former Emperor Charles | departed from Steinamanger, in West | Hungary, near the Austrian border, at | 10:35 o'clock this morning on his way }out of Hungary. Premier Teleky (made this announcement in the na- tional assembly this afternoon, ‘SUPREME COURT | HAS CLEAR SLATE When the supreme court as- sembled today, it did mot have a single matter ‘before it that had not been decided. J. H. Newton, clerk of court, claims this is a record for su- preme courts. The clerk was informed that the record would stand for but a short time, for a matter was even more intensive. There should culture of trees, I, Lynn J. Frazier, even more beautiful because of the Lynn J. Frazier, Governor. |’ THEY GET RESULTS! ; -——__—__—_-+4 mass meeting following in the high school auditorium, Thomas Hall, Secretary of State. to be brought before the court today.