The Bismarck Tribune Newspaper, April 19, 1921, Page 1

~w|)THE BIS. FORTIETH YEAR Sa PRICE FIVE CENTS JACK GUYER 10 SERVE OUT HIS TWO-YEAR TERM Sypreme Court Rules he is Not, Entitled to a New Trial FOR CATTLE RUSTLING Case Attracted Much Atten- tion Throughout Sioux and Other Counties Jack Guyer, sentenced from Sioux county for cattle rustling, must com- plete his two years and nine months sentence, the supreme court has de- cided. Guyer was granted a new trial by District Judge Hanley, on the ground that the description of the animals al- leged to have been stolen was different from the description given in the in- formation. The supreme court, re- versing the decision of Judge Hanley to grant a new trial. holds that there was not a “fatal variance” in the de- scription. Guyer. was convicted of grand lar ceny, in‘July, 1920, sentenced to serve two years in the penitentiary, and the motion for new trial is granted Dec 30, 1920, Guyer has been in the peni- tentiary during this time. The opinion of the court was ex pressed by Chicf Justice Robinson Judge A. M. Christianson, specially concurring, recited that the complain- ing witness. described the animals, that no objection was offered by the de- fendant that the description was dif ferent from that contained in the in formation, and that when the prose- cution suggested that the jury view the animals no objection was offered Justice Robinson said that “ther: was. no variance which in any wa) misled the defendant or prevented hin from maintaining his defense on the merits.” - The state board of accountancy wil: hold an examination in the state hous¢ May 18, 19 and 20 for persons desir- ing to take the tests for a certifiec public accountant. OLD ROOSEY BL’ UNITED |And Serves By Newspaper Enterprise. ' Muskogee, Okla,, April 19--Ten housand ,six hundred and seventy eight marriage ceremonies performed n ten years. Th's is the record of W. G. “Marry- Justi¢e” Miller of Muskogee. He claims the title of ¢ npion mar- rying man of the United States wes: of the Mississippi river, His ceremonies include: Forty double weddings. Sixty re-marriages. Two silent weddings and bridegroom dumb), Largest fee, $50, Smallest fee, nothing. Oldest couple married, bride 75; »ridegroom, 85. s Three divorces out of the 10,678 mar- ‘iages so far as’he has been able to ‘earn. Just ten years ago April 1 Judge Miller, who is now 65 years old, be- san specializing in the “business of relping folks start trotting right in double harness.” “I can tell right off the bat whether the man things enough of (he woman ne is going to marry,” he says, “If he doesn’t show signs of being (bride deaf 10,678 COUPLES IN 10 YEARS Fresh Flowe CABIN CARE IS rerform the ceremony. “I've married Hindus, Japs, Ital- ians, Indjans, Greeks and Americans, \ good\husband in the making I won't | thinks it is too much. “DISAPPOINTING: Tourist Says That Greater Re- spect Should be Shown T. R.’s Old Home “ . A woll dressed, prosperous man stepped from a big touring car to lovk at the Roosevelt cabin on the capitol grounds. He stopped William Erlen- meyer, who was coming from the capl- tol, after gazing at the cabin. “My name is H. A. Johnson,” he said. “Lam trayeling from my winter home in- California to New York by auto- mobile. I was a~great admirer 0} Theodore Roosevelt aud I stoppel to see the cabin, I simply want to tell a resident of the city that I’think it is most fortunate that the cabin should be allowed to fall into such a Btate. “[ wonder how many people realize that there are thousands of tourists who stopped to look at that cabin with interest and with reverence. There is a big hole in the roof, window glass broken, and the inside looks if it were used for a storehouse. Bis- marck is one of the prettiest cities 1 have seen but the lack of care for the most interesting spot in the city has disappointed me.’ Inquiries were made concerning the | case of the cabin. The state board of administration denied responsibility stating that the care of the cabin had | been turned over to members of the local chapter of the Daughters of the American Revolution. would be moved on the other side of the capitol grounds. near the new Memorial building when it is cor- pleted, and that it was not planned iw do anything to the cabin until that time. - 44 KILLED IN ITALIAN RIOTS Rome, April 19.—Fourteen persons were killed and 100 wounded in fight ing in Tuscany between Communists and Fascisti. HONOR FARGO FORUM EDITOR “argo, April 19.—N, B. Black, presi- dent of The Forum Publishing com- pany, and Mrs. Black were honor guests ata dinner given at the Com- mercial club last week by the Forum employes, the occasion being their ap- proaching departure for Scotland next. month, where Mr. Black will attend the International Rotary convention in Edinburg in Juneg Following the con- vention Mr. and Mrs. Black will ; joy a summer's frip abroad and re- turn to Fargo in September. WIL GO TO CHINA. Steele, N. D., April 19. Hogue has received a letter, son, Gordon, that he has bu §wtrans- ferred to the U S. S. Bostorggis! will’, start for China sometime me} _onth. and I’ve come to the conclusion that he main reason many couples fall into the divorce frame of mind is they Van't think enough of each othes to start with. “Preachers rave about short skirts wenn 316,000,000 IS GIVEN ITALY BY TREASURY DEPT. Washington, April 19.+-An advance of $16,000,000 to Italy during Match was announced by Secretary Mellon, the first. to foreign countries* from oreviously authorized loans since September. BODY FOUND IN RIVER THAT OF :| WOMAN WRITER? New York Police Say Drowned Woman was Mrs. Jessie Mackaye ‘New York, April 19.—Police head- querters today received a report that | Stubbs Mackaye, suffragist and writer, yesterday ran away from her hus- | band in the Grand Central station! | after threatening suicide. | |. The identification was reported to! have been made by a nurse and | friends of Mrs. Mackaye, ‘'Headquar- ‘ters, howevér, announced it was not | regarded as official and that the suf- | fragist's husband ‘would be asked to view the body Charles Whittaker and Mabel Irving, Lar | friends of the Mackaye family, late viewed the body and positively i fied it as that of Mrs. Mackaye. One person in every 2,000 in the a‘ F | the body of a woman found yesterday | F Members of this organization said | in the East river off Astoria had been |@. W. Lucas and C. W. cGray, Al} hat it was expected that the cabitl | identified as that of Mrs. Jessie Hardy! i ‘the band. | this year. rs for Every Ceremony i HE HAS PERFOR 10.67% MARRIAGES (/ NO YEAS INCLUDING HINDUS — | SREB ETAMANS -DODIAN: and transparent clothes and how that | helps break down the home, along with the evils of dancing, but I don’t pay any attention to that notion. “I believe in love—and love just) won't let anything get in its way be- fore or after.” Recently ministers of Muskogee; headed a movement to pass a_ Dill} through the State Legislature declar- ing only marriages by preachers legal. The bill failed, largely because} thotsands of couples living in Okla- homa were married by Judge Miller | and believed in him from then on. His offices 1n the Metropolitan building here are attractively decorat- ed. Fresh flowers are brought in for every wedding. “Getting married is the biggest thing in lif and I like to spend my | money in making the young folks feel like they're having a real wedding | ceremony, even if they have run away from home to do it,” he explains. “If I live another ten years I'll mar- ry another 10,000, for marrying folks is the passion of my life,” i Judge Miller has no set fee but takes what is offered him, unless be During the war he refused to accept fees from soldiers. c “I want the bridegroom to pay me only enough to remind him that he is getting a good. woman for his wile and he ought to start out by spending a little money on her,” he says. Judge Miller himself is married and has a son in the State Legislature. 4 RAR RAR. CANT ATTEND — CONCERT, BUT TAKE TICKETS Committee Holds There is No Excuse For Not Helping- Band The fact that a person is not able to go to the annual band concert, to be given at the Auditorium Friday night, is no excuse for not buying a ticket, the committee in charge of the ticket sales have ruled. Three purchases of $25 worth of | tickets were reported yesterday by citizens Who desire to help the band obtain enough money in its benefit concert to pay its running expenses for the summer, The ticket sale is in charge of Rob-| |TO GUARANTEE PAYMEN TO SEND. GOLD OF REICHBANK Allied Reparations Committee- men Send an Ultimatum * Today - Money Would be Kept in Bank as Part of Balance But Could Not be Removed Paris, April 19—(By the Associated Prégs.)—The allied reparations com- mittee announced today that it had given Germany until April 22 to trans- ter the gold holdings of the Reichs- bank, the German imperial bank, tg the Coblenz and Cologne branches of! the bank. If Germany refuses to com- ply with the ultimatum the commis- sion, it states, will require the immedi- ate delivery of the gold to the com- mission itself. In the event of the transfer of the gold_to the branches named the sum may continue to figure as part of the | balance of the Reichbank, the com- j mission explained, but the German government would have no right to dispose of it without obtaining previ-+ ous authority from the committee. CASE INVOLVING HAIL LOSS GOES TO HIGH COURT Supreme Court to Decide if Neg- ligence Prevents Loss Be- ing Paid The supreme court has today before it the state’s appeal from a decision of District Judge W. L. Nuessle, of Bur- leigh county, involving important points in the 1919 hail insurance law, Henry Bosse€n, of Mercer county. pe- titioned the district court for a writ of mandamus to compel the hail in- surance department to place his name upon the lists of those who suffered; losses. “| ganize at a meeting tonight, immedi-| NEW COMES | a | e | Appointments to be Held By New Members Discussed at Meeting | FEW APPLICATIONS MADE! | Members of Commission Declare | That There is Not Great 4 Demand for Jobs The new city commi j sion will or-| ately after the old commission ap: proves the minutes of its meetings of| | last night, ! -Although the commissioners held an informal conference this morning and/ were to ‘talk matters over ugain this! ; afternoon, the posts that the various) commissioners will hold appeared a matter of doubt. 7 | The departments of the city gov-! ernment, under the commission form, are: ‘\President of Commission, ex-} ecutive department; departments of finance, fire and police, streets and sewers and water. | Suggested Line-Up | It was generally expected that John} | Larson, commissioner of the depart-, | ment of finance, would continue to: {hold that post. John French, now! commissioner of streets, has been) urged for transfer as commissioner of! the police and fire departments, a} | post which has been held by Chri | Bertsch Jr. C. W. Henzlér, new mem- ber of the commission, also has been urged for department, H. A. i Thompson now is commissioner of | sewers and wate ! Chief of Police Chris Martineson {and Fire Chief Robert Jager are gen-! ‘erally expected to continue in their! ' regpective posts, The new appoint-; i ments will date from May 1. | Only One Application | According to members of the com: mission there have been virtually no: {applications for city jobs from out-| | siders. One man applied for the posi- ‘tion of city engineer. This is said to {be the only direct application t ; ‘The old city commission will hold; ;& meeting at 7:30 p. m. and after’ ! the conclusion of its business Mayor | Lucas will relinquish the chair as, president of the city commission to: \ AL IP. Lenhart, newly-elected presi- ; dent, | Commissioners Lenhart, Thompson: ‘and Henzler enter upon four-year) | terms. The terms of Commissioners) SION 10 MEET TON I |, New Mayor if A. P. Lenhart New members of the city commis- | sion—A. P, Lenhart, president; C. W. Henzler aud H. A. Thompson, (re- elected) commissioners, take oflice to- night, The new commission organizes tonight. PRESIDENT TO SPEAK INN. Y, AT UNVEILING Harding Visits Metropolis For First.Time Since His Election VISIT EAGERLY AWAITED _—— SS Unveiling of Statu-e of South American Patriot is Chief Feature New York, April 19—New York to- day eagerly awaited to arrival of ORDER. GERMANS CITY COMMISSION TO PROBE DOWNTOWN PAVING WORK: IGHT TO ORGANIZE. Contractors Fail to Make- Re pairs in Paving District Number One PAVEMENT SAID FAULTY Present Commission in Last Meeting Transacts Other Business The new city commission, which as- sumes office today, will have before it as one of its first big problems the in- vestigation of the paving district num- ber one, embracing the downtown séc- tion. A report was submitted to the city i -ommission last night by H. F. O'Hare, | e.ty attorney, in which he told of de- {mands being mado upon the contrac- tors to repair the paving, which is de- clared to ‘be in bad condition. The sugestion was made by the city attor- | ney that a thorough investigation of ; the paving be made with a view to pre- | paring for legal action if the paving j companies and the bonding companies ; failed tg make repairs as provided by { the guarantee, The companies had not ; made repairs as demanded, he said. : The paving in district number one | embraces the bithulithic paving put in ; by Hanlon and Okes, contractors, of ; Minneapolis, with Warren Brothers, of { Portland, Ore., sub-contractors for the H surfacing. The assessment rolls were ; approved Sept. 10, 1917, and the five- : year guarantee of the paving compa- nies and bonding company expires Sept, 10, 1922. / May Be Faulty Base. It was reported’ by commissioners that there &re many holes in the pav- ing, indicating a faulty base. Com- { plaints were first made several months ago. ! The commission received a petition signed by 32 people asking that Jack Burton be retained in charge of the city dumping grounds. The petition was passed over to the new commis- ; sion, which has power to make the ap- | pointment, | A petition for construction of ce- ‘ment sidewalks in Riverviéw addition {was granted. It was signed by Oliver | Lundquist, C. G. Boise, S. A. Floren, J. J, Osterhouse, C. D. Owen. F Moves Bullding. A letter was received from K. G. Larson-and French continue for two The case involves whether or not | r years, the hail‘insurance department is lia- \ President Harding on the occasions of; Patterson regarding the moving of old speaking at the unveiling at Central) buildings from the corner of Fifth and park of an Equestrienne statue of! Main streets, which were burned in a | adjuster allowed ert Webb. Three teams, composed ot) Thompson and Obert Olson, were again | busy to day selling tickets. | The price of the tickets was reduc- | ed this year, and the committee will, have to sell a third more tickets to! bring the same amount of money at. | was obtained for the band last year, | If the band concert is successful, it, is ‘probable that arrangements will be; made to get new uniforms and enlarge If the management is as- sured that the people of the band are for it, they hope to make great strides Band musicians declare the pro- gram to be played Friday night will be the best the band has played. | United States is deaf. ‘PEOPLE CALLED UPO. IN BEAUTIFYING CUSTER PARK N TO AID Custer park is to he heautitied— if there are enough people in the | elty interested in the park, | At the request of the city com- n, at its meeting last Mayor Lucas named Commi ers J. P. French, H. A. Thompson and J. A. Larson to take charge of the heautification of the park. There being no funds available for the park, the committee pro- poses to ask contributions of trees, time and perhaps small amounts of money in the work, It is planned to plant numerous trees in the park, chiefly boxolder and native ash. It is proposed to { the bottoms to the park. Shrub- hery also probably will be plant. | ed. The committee teday was in conference with various organiza tions of men and women secking support in the effort. i After trees and shrubbery are | planted it is planned to carefully | maintain the park. Among sug- gestions advanced for providing water for the growing trees and shrubberies was to cut holes through the pavement on border. ing streets, insert pipes and al- low water to drain through to the trees. If arrangements are completed ask citizens to donate trucks and time for the removal 0 rom ees today the planting probably will | begin the assessor failed to list the land for assessment. Bossen claimed to have been the owner of cropped land. A hail loss was suffered July 27, 1920, and the him $1,165. The plaintiff accepted the judgment, The assessor certified as to the number ct acres cropped. The insurance depart- ment refused to pay the loss, however, on the ground that it was not flable since the land was not assessed for hail insurance taxes. Attorney Gener dle to pay losses for hail in the event ee Lemke, in his brief for the insurance department | denies the liability of the state, as- serting that the assessor, whose duty | it was to. make a return of tillable land, did not do so, and it therefore ig presumed it was not tillable land. The owner was bound by law to make a report of the number of acres of cropped land, it is alleged. About twenty-five claims are affect- ed, the amount being several thousand dollars, ‘The new hail law was changed to provide specifically that the hail in- surance department will hot be lable unless land is listed,for assessment. POSTMASTERS 10 MEET. HERE The state postmasters’ organizagion will hold a convention fn Bismarck June 15 and 16, it is announced today, The Commercial club has been inform- Rosen and Scott Derrick and G. R.| ed of the time of holding the meeting. | | Postmasters from all parts of the: state are expected to be present. START DRIVE FOR GOOD ROADS IN WARD CO. Advices sent to the office of the North Dakota State Good Roads Asso- ciation office in this city this morning / from Minot state that the membership | serving with ‘the United Stat: drive for the association tomorrow in | the Wonder City will be ushered in! from the government, by a monster truck parade. immediate- | post in the state or state headquar- \ly after which the eommittees with | ters will supply applicants with the cover the town. It is expected that | Minot will roll up a very large mem: { bership for the NEW SALEM BOOSTS ROADS Philip W. Blank, the New Salem gar- age man, was in the city yesterday re- ceiving medical tment, and stated that, New Salem is enthusiastic over ciation. } the good roads program being inaug- urated by the North Dakota State! A meeting held there Good Roads Association of the Commercial club wi {the latter part of last week, when; lained the objects of the . and yester= speakers ex D, Good “Roads | day a successful membership cam-} Hardy was ‘paign was conducted by committees|the Marmarth ba from the Commercial club of that thriv- ing city. The Commercial club is ac- tive in all matters that pertain to the welfare of New Salem and the state in general and expect an active yeal Pp | General Simon Boliver, “South Am-| recent fire and which are being re- j rican liberator,” President ‘Harding; moved to permit the erection of-a is making his first vistt to the metro-| building by Herman Lasken, Mr. Pat- PEACE 10 GET _ BARLY ACTION Foreign Relations Committee To | Take it Up Next Thurs- day ij | | Washington, April 19—The Knox, ; Peace resolution will be taken up by ithe senate foreign relations committe inext Thursday, it was announced t day, with a’ view to prompt favorab! |report, The date for senate consider- | ation is indefinite as it is the pla to) take up first the emergency tariff bill {and the length of time the finance! | committee will spend in considering | i that measure is indefinite, i eet ees ‘SERVICE MEN | i = = ' | ASK TREATMENT | FOR BAD TEETH: 19, | Wargo, NL D., Apri Seven hun-| | dred claims, averaginy out $85 each, { have been filed with the dental divi- “| sion of the United States public helth: service by North Dakota former serv- ; ice men, according to announcement, | today at'the headquarters of the North| Dakota department: of the American | Legion. Special forms are necessary for the | applicant for dental treatment to fill, out, which must be passed upon by : the dental division of the health serv- {ice at Minngapolis, Minn., before ; the former service man is authorized | to receive dental attgntion from a {dental examiner. State headquarters of the Legion announce that if the health of a for- ; mer service man has been impaired | because of teeth trouble, resulting 'from lack of dental attention while s forces the man is entitled to compensation Any Legion ‘ necessary papers. iMAY START OIL, - DRILLING SOON | Marmath, N. D., April 19,—Indica- tions are that the well drilling ma- chine will arrive soon and that before {June 1 actual drilling for oil will| | commence here. | Oil is believed to exist 4,000 feet ; below the surface. | /HARDY HEADS - MARMARTH N aera D., April 19.--Frantk | lected playing manager of | all feam at the H. Bond and W, as the Marmath, |last meeting and H. |N. Thompson were chosen | schedule committee. i | There is some talk of organizing a Polis since his electitn. S, AMERICANS CELEBRATE Caracas, April 19.—Venezuela today celdbrated the anniversary of the final campaign of 1821 during which Sithon Boliver ‘defeated the Spanish Royal- ists and established the independence of this country. In commemoration of the event the statue of George Washington, which was recently transferred from the position it held for many years to a new and beau- tiful site in Washington park, was unveiled. TWO BISMARCK PEOPLE NAMED ‘ON. COMMISSION Governor Appoints 7. Members of Children’s Code Conunission ney fe A children's code commission, cre- ated by enactment of a law of the 1921 legislatu as been appointed by Governor Frazier. Members of the commission are: PA A. J. McConnell, Minot; Henrietta Lund, Bismarck; C. L, Young, Bis mar Mary Flemington Strand, El- lendale; Hazel Farkasch, Bismarck; Margaret Froats, Grand Forks; C. L. Vigness, Glen Ulin. The commission's ‘duty, as outlined jet, in the legislatu ig to make a thorough investigation of problems af- fecting the welfare of children, and to make a report to the next legislature, Governor Frazier has ¢ppointed James W. Lloyd, of Bowman county, a member of the state board of oste- opathy, the term ending May 6, 1922. “CAPT. WANNER JOINS STAFF OF ROADS ASS’N ner of this city has acc lion as field man for Norton Dakota State Good Road: ‘ssociation and has entered actively into his du- ties. He went to Wilton this morning to make arrangements for a member- ship campaign in that and McLean county in the near future. G. W. Ste- wart of Wilton, is the county chair- E.G. Wi ed the po: {man of McLean county, and is out for a record in the matter of member- ships. Tomorrow Mr. Wanner will go to Jamestown and LaMoure to conduft membership campaigns, in fact, is dat- ed up for several weeks in advance in the southeastern part of the state for the good roads organization, Mr. Wanner has a wide acquaintance will make a great success in his new position, \ The total amount of air breathed by all the people on the globe is j league, principally of towns on the about two hundred and sixty trillion throughout the state, and no doubt | {terson said all buildings had been | moved out of the fire limits except onc, . ~which is standing now partly in the alley. He asked permission to re- model jt into a storehouse, repairin:; it with brick veneer and facing M«in street or the alley, next to the Cli- ford restaurant, The street department was instruc’ - ed to put up anti-dumping: signs on several lots in the residence district of the city where people are said t» have dumped refuse during “Clean-u> Week.” The commissioners were of the opinion that the people of the cily generally had done excellent work during “Clean-yp Week” but there arc some unsightly places which were net ‘touched by owners. | The cost of the city election was re- ported as $384, and bills were approv- ved, W. S. Casselman, who is to qualify as city Justice of the peace, wds given Permission to hold court in the city hall. ‘ MAIL CLERKS 70 SHOOT 10 KILL Chicago, April —19.—Instruction'’s were received to train 2,000 mail clerks here to “shoot to kill” mail rov- bers. The mail clerks wil be armed | with shot-guns, FIRE COSTLY © AT GWINNER Gwinner, ‘NX, D., April 19.—The fire ‘yesterday morning did an estimated damage of $175,000 despite the best | ; work that Oakes fire department could ‘do in checking the greedy blaze. The hotel, Thompson Lumber Yards, hard- ware store and the printing plant of the Prairie Press were all destroyed. SWISS OFFICERS WANT MONEY Geneva, April 19.—Soviet Russia's debt to Switzerland, according to sta- tistics of the Swiss Federal govern- ment, amounts to 466,000,000 rubles, 129,000,000 Swiss francs, 6,000,000 French francs, 4,500,000 pounds ster- ling and 3,060,000 marks. | According to information here, Switzerland does not intend to open commercial relations with Russia un- | til this debt has been paid or guar- | antee has been given for its payment. \ 'G. O. P. INCREASES | ITS MAJORITIES | Washington, April 19.—The Repui- ; lican senate majority puts through its program of increasing Republican ma- jorities on committees. ‘ONTARIO VOTES DRY BY 200,000 April 19.—0; p ntario Toronto, Can.,