The Bismarck Tribune Newspaper, May 3, 1921, Page 1

The Weather Generally Fair FORTIETH YEAR BISMARCK, NORTH DAKOTA, ' TUESDAY, MAY 3, 1921 THE BISMARCK TRIBUNE [==] - PRICE F CENTS ORDINANCE ON FEDERAL COURT KNOCKS OUT CURFEW LAWIS | GIVEN READING City ‘Commission Takes Step | Toward Adopting Redraft | of Old Ordinance } | MANY QUESTIONS ARE UP} Commission Hears Complaints, Discusses Poor and Turns Down Paving | | | i The city commission last night gave! first reading to a new curfew ordi-| nance. ‘The ordinance was introduc-; ed by Commissioner C. 'W. Henzler in! the form of a redraft of an old ordi-; nance long in disuse. | The modern ordinance provides; that all youths of less than 16 years of age shall not have the privilege| of roaming the streets after 9 a, m.) | during the months from September to April inclusive and after 10 p, m. from May to August inclusive. ‘Many women in the city have asked! for a curfew ordinance. Sometime ago} a delegation appeared before the com-| mission. There was some little dis- cussion last night as to whether the} curfew bell'’s tolling should be at 9 or 10 o'clock during the summer months, but it was decided that to have the bell ring at 9 o'clock would) disturb the youths during the first show of the movies. Miss..Ruth Kolling, who has taken charge of the work of dispensing poor relief in the city, talked in favor of a curfew ordinance and also made @ long report upon her work. Miss Koll- ing urged close supervision of public dance halls, which now are under state license and regulation entirely. informed of Her Work The commissioners were informed of work being done in the city by welfare agencies assisted by many women of the city and the physicians. It had been found, Miss Kolling said, that there are many children suffer- ing from defects which have retarded them in their school work. Removal of tonsils, adenoids and other minor operations have aided some children remarkably, she said. The physicians and surgeons of the city were praised for their free medical assistance in these cases, and Miss Kolling asked aid of the city in providing for nec: essary expenses in such c 3 for medicine, etc. The commission told her to,go ahead and use her ibest judgment in the matter of dispensing aid in such cases. (Miss Kolling reported a lack of medium-priced houses for rental in the city,-and said that she had found one family of mother, father and six coildren housed in a tent on the out- skirts of the city. She suggested the commission keep housing conditions in mind, said she would be glad if the commission would point out things they might see which might need remedies, and that she wouid be glad to follow up the work. It was the sense of the commission that any stich conditions that come within their purview be pointed out to Miss Koll- ing for action. Patterson’s Letter One of the first matters before the commission was a letter from E. G. Patterson complaining of the city’s refusal to permit him to move a build. ing within the fire limits and also to the effect that a city commissioner had spoken to him in regard to a small building moved from the rear of the Casey building to the rear of the Pat- terson hall building, The building, he said, was moved there temporarily for a tool and store house while work was being done on the McKenzie and some other property, “I can only come to the conclusion that it makes a difference with your board whether I am asking a favor or some other citizen is asking one—tak- | ing it without asking,” Patterson said, referring to the request to move the building permanently to a lot facing Main street. “There has been in the comparative recent time many struc- tures placed within the fire limits that do not comply to the ordinance (as my structure would have done) and no protest made. I can méntion a few. A wooden structure back of the Mc- Gowan building on Fifth street, a wooden structure back of Homan’s bakery, a brick veneered structure | west of the Soo hotel, facing Fourth| street; the structure known as the: ‘Minute’ Lunch ;the Finch Lumber: company ‘buildings, wooden structure back of the Armory, controlled by iE. A. Hughes, an old barn veneered on the rear of the Hughes building on the-west side of Fifth street north of the Soo hotel; tool house now on corner of Fifth and Main streets, and there would be others mentioned simi- lar in the fire limits, all placed there since the ordinances were in effect and-not one would be better than my building would have been after same was completed.” He declared that some buildings were moved without permission or pavement cut, saying “a striking ex- ample of this where some men do as they please and others con do nothing. is shown by the Hughes Electric com- pany, who tear up pavement and side- walks and place poles wherever it may choose, not asking permission.” Concluding Remark ‘He concluded with the remark that “I want to call the fact to your atten- tion that ‘a square deal for all’ means —all except Yours Truly.” The commission guve permission to permit the tool house temporarily in the rear of the Patterson hall build- ing. It did not discuss the remainder! of the letter. (Bids were received for street sprink- ling. They were: For furnishing one man and team, Wachter Transfer com- pany, $130 per month; C. Webster and Sons, $160 per month; Herman A.' Brocot, $145 per month; Joe Katz, $115 per month, Katz was given the con- tract. Garbage hauling bids were received (Continued on Page Seven) { OFFER REWARD | WHEN DID WAR STATE GRAIN GRADING ACT END, QUESTION © St. Paul, May 3.— The North Dakota grain. | grading law was declared unconstitutional in a decision handed down in Federal Circuit Court of Surreme Court Judges Reach Appeals today. FOR TAKING OF GANG'S LEADER Town Criers Put Price on Head of “Brains” of fKnocker’s | Gang” ———— ! $100 REWARD The Bismarck Town Criers, Hl carrying out their scarch of the | city for chroaic knockers, who | are said to be knocking the Elks | | Minstrels during the “Know Bis. | | marck Week”, today offered ; $100 reward for the arch con- | spirators as thay pursued their | quest of the quarry. They also annouced that the person who runs down the “criminal” will be given the opportunity cf setting the match | that will burc the knocker at the stake. | 1 | { { 7 Concerning their efforts upon the! capture of the “brains” of the “Knock-) ers. Gang,” which is said to be follow- ing its usual tactics of knocking every- thing that is boosting something, the Bismarck Town Criers offered a re- ward for the capture of the arch con- spirator. Members of the club, making an, active search picked up a hot-trail to- day, it was divulged by the Vigilance: Committee, and they hope to capture the conspirator, If they de; he will be exhibited in a downtown store win- dow in a steel cage and will be taken out and given a public burning one night this week, they announced. The help of all citizens in running ’ is asked. CENTRAL BODY TAKES ACTION Resolutions Adopted Include Calling for Cut in Arma- ment Expense argo, N. D., May 3.—The following, resolutions Ww adopted today by the State Federation of Labor: Opposing the proposed recall of Non- partisan state officials; calling, on the; United States Senate not to pass the; $350,000,000 navy appropriation bill| and commending the House for ef- forts to cut the army to 150,000 men; urging labor to buy North Dakota state bonds; and favoring amendment of the state laws to increase the pay of legislators. The convention will close this after- noon with election of officers. S. S. McDonald, told the delegates that the People’s State Bank of Grand (Forks would reopen soon. Along other resolutions were: Appealing to Congress to oppose a sales tax and to oppose repeal of the excess profits tax; pledging support to the farmer-labor press of the state. The convention voted to send a tel- egram to the president asking release of war-time political prisoners. WEATHER REPORT. For twenty-four hours ending noon, May 3. Temperature at 7 A. M Highest yesterday Lowest yesterday Lowest last night Precipitation ... Highest wind velocity Fore ; For North Dakota: Fair tonight and probably Wednesday; not much change in temperature; heavy frost tonight. zs adopted BEATING UP TO COST N. D. MAN NEARLY $10,000 L.A. MeGinnity will have ¢ pay M. 1. Dowd a sum of neariy $10,000 tor heading him up, ae. cording to a supreme court de- cision handed down today. the comolaint alleged that Me- Ginnity met Dowd in Toga, Wil- Matis county, nearly 10 years ago and gave him a. thrashin Dowd recovered a large judg ment In the lower court and the case was affirmed. The action of the court today was refused to set aside the yerdiet on Metin. nliy’s clam of fraud hy Dowd In alleging he was permanently ine Jured. Justice Robinson, who wrote tne decision, sald the judgmene now a nted, to nearly $10,000, GUARD COMPANY 1S ORGANIZED FOR BISMARCK Comrany A Notifies Adjutant General it is Ready for Inspection a Company A, of Bismarck, today no- tified Adjutant-General G. A. Fraser, that the company is ready for muster. The company will assemble at the American Legion hall Wednesday night at 7: p.m. Examination will start-at 8 pom. Dr. A. M. Fisher being the ii There ies for an even half dozen enlistments to get on the payroll before inspection tomorrow night, it was said this afternoon by the committee. Re The committee in charge of the per- fecting of the organization is compos- ed of Fred Graham, Herman Brocopp and P, G, Harrington. “The members of the company are a fine. bunch of clean, young féllows, who Will be organized into an ath- letic association, giving every man a chance to develop in any athletic work,” said an announcement by the committee. “A block in the eastern part of the city will be worked into ia play ground by the company, and when completed will not be for the company alone, but the grown-ups and children will be welcome to it, Games will be provided but discipline will be maintained and systematic policin, of the grounds required of those who use them. A company fund for the purpose of, developing and maiytain- ing this play ground will be raised by the company.” The committee will have charge of the organization until officers are ap- pointed.. The committee has been working diligently to complete the organiza- tion and to keep the old “Company A” name for Bismarck. SOLDIERS AND IRISH FIGHT Limerick, Ireland, May 3.—(By The Associated Press.)—In a five hour battle last evening near Galbally be- tween 150 civilians and crown forces six civilians were killed and fourteen others wounded, it was officially an-' nounced today. Two soldiers were wounded one of them seriously. 300 EVICTION SUITS FILED Chicago, May 3. tion suits were filed by landlords in the “rent rebellion.” “KNOW BISMARCK WEEK” REACHES — INTO MANY PHASES OF CITY LIFE; SCHOOL ESSAY WINNERS ANNOUNCED “Know Bismarck Week" of the Bis- marck Town Criers reached out into; many phases of the city life today. | Four-minute speakers at the thea- ters of the city last night gave talks upon the purpose of the Town Criers to lay before every citizen what the! city has to offer and to seek co-opera- tion of all citizens and organizations in future betterment. Essays submitted by the students of the Junior High School were judged by representatives of the Town Criers and announcements of the e win- ners were made as follo First | Ernest. Penwarden; second! Vela Livdahl; third prize, Nellie Parke. Cards in downtown store windows boldly challenged passers-by with a “Do You Know” and a salient fact} about the city and special window displays attracted much attention. Lodges and other organizations meeting this afternoon and_ tonight, and on other days this week, are to devote a period to discussion of the city. Winners of Contest The four-minute speakers at the theaters last night were H. P. God- dard, E, P, Cox and F, E, McCurdy, who responded to the call of the Town Criers. J. L. Bell will address the students of the high school Friday afternoon at 3 o'clock. The four- minute speakers will reappear in the theaters Thursday night One hundred and fifty essays on “Bismarck, My City, What I Like About It and How It May Be Im- proved” were submitted by students of the Junior High School. The judges, C. J, Anderson, E. V. Lahr and C. A. Bonham, members of the Town Criers club, devoted much study to the many original ideas ‘produced by the school children before with difficulty select- ing three to rec 2 $5, $8 and $1, respectively, for second and third plac Tomorrow announcement wjll be made of the winners of the essay contest in the same subject in the high school. The good road tiation had a striking exhibit in Breslow's window. Beautiful scen shown in Hosk to be in the windows tomorrow. Six hundred evic-| BEFORE COURT Decision in Case Involving Soldier | ARMISTICE ‘Date Moratorium Act Expira:' tion from Signing of LEGAL | | Justices of the state supreme court have been wrestling with the qusetion: | :“When did the war with Germany| rend?” 1 "The question, involving the state; moratorium act, was brought before ! , the court in the case of Herman Olsor jagainst the Gowan Lenning-Brown ;company, in which the plaintiff, a ; Soldier in the World War, sought tc j Set aside a sheriff's deed by virtue of protection of the state and federal {moratorium acts. The defendant ap- pealed from a decision of Judge Cole -in over-ruling a demurrer in the case. which came up from Eddy county. The district Judge is reversed and the {defendant’s position upheld, The supreme court justices agree ‘that the federal moratorium act is jnot applicable, since the action ; which was begun in October, 1920 was started at too late a date. Re garding the end of the war Justice ; Bronson, in b‘s ‘syllabus, says: | “That, upon construction, the pro- visions of the State’ Moratorium Act (Ch. 10 Snec. Sess, Laws 1918). grant- ing privileges to a soldier during the time the United States ts engaged ir war for an additional period of one year, refers, pursuant to the purposes of the act, to the actual engagemen* ‘of the United States in the war an? that such engagement terminated or Armistice Day, Nov. 11, 1918.” alld Says Robinson, Justice Birdzell concurs but Justice Robinson says: “I have formerly held and do still hold, that the State Mora- torium act is void for the reason that it impairs the obligation of contracts and for the reason that the subject ir governed by an act of Congress which supersedes: and excludes any legislation on the subject by the state Justice Christianson, concurrine specially, says that the term used by the legislature “During the time the ; United tes is engaged in the pres- ent war” is not clear, Legisiature Not Clear. “Manifeslly, ‘the time the Unite? , States is engaged in the present. war’ would terminate upongthe happening of one of two events: namely, the signing of the armistice and the ces sation of actual warfare, or the rati- fication of the treaty of peace, or * declaration of a state of peace by the | federal government,” says Justice Christianson. “Which one of these _ two events did the lawmakers inten?@ should constitute the termination o° | the period defined in the Moratorium Act as ‘the time the United States ig engaged in the present war?” ' Pursuing the intent of the legisla- ‘ture Justice Christianson recites th: act passed by the legislature last wiv- |ter designed to place a limit on the | Moratorium act. In one section, he sald, the statute declares the war ir terminated and in another section it declares the war terminated Nov. 11 1921, The act was changed durin: | passage, causing the conflicting state: {ments in it. Justice Christiansor ‘concludes that the position of Justice ; Bronson is the most logical solutior {of the matter of intent of the law | makers. Justice Grace concurred in the re- | sult but criticized the complaint for | lack of. definiteness. | MAY PRINT NAME. | Grand Forks, N. D., May 3.—Publi- cation of the names of persons re- ported to the local credit bureau as having drawn worthless checks, has been decided upon by the Merchants Association of Grand Forks as means of combatting the efforts of check artists who write checks with no funds to back them. Mr. Employer i , offic | RRR RRR eee Need Help? The want-ad columns are the best media to secure the kind of employes you want. For every sort of business—pro- fessional or otherwise—you are certain to get the right person for the right job. Men and women, particularly trained for the position you offer, are daily readers of these Want-Ads. And the cost is very low. Bismarck Tribune Phone 32 Atlantic City staredywhen I othy Portser of New York came comm he boardwalk\with her bevy of 4 | new Cadilla ! Logan Pow | He had $5,000 insurance. i west Trust company. English kit bag by his fellow. his salary for ten months up to and} '$5,000 WORTH OF DOG | They're pure white y skimo worth $5,000, she s: dog ee that in the general fund, as actual | LADD'S MAIDEN SPEECH A PLEA FOR N.P, LEAGUE North Dakota Senator ‘Makes First Address to Colleagues Washington, May 3.—Senator Ladd North Dakota defended the Non- partisan League in his maiden speech in the United States Senate. “The farmers ot North Dakota, he said, are neither free lovers, Bolshe- viki or socialists and they have not attempted to go beyond their just rights, nor have they attempted to de- stroy property rights, “¥he peopie of North Dakota are carrying out a great experiment in ndustrial democracy and if they suc- seed in the work which they have hus far carried on so successfully in he face of many daunting difficulties wh xample is certain to be followed the sovereign people of common- who are groaning under the ion of the same industrial des- MADE ON MAY 45 Northwest Farmers Request Washington, May 3.—Secretary Wal- lace announced today that a decision on the application of producers in Minnesota, North and South Dakota, ‘or a modification of the spring wheat grades would be given on May 15, A request from miilers in Minneapo! and other points that a fugther hear- ing be held has been refused, Mr. Wallace holding that the department aas suflicient information on which to act. $15,000 FIRE LOSS AT STEEL Fire did $13,000 to $15,000 damage in Steele during the night, accoraing to word reaching Bismarck today, The opera house and a garage burned. utomobile belonging to ENDERS RESIG City, May 3. ATION. Col. TE Valley Whi resigned as president of the Middle- He was given rs as a token of esteem. [ALLIES CONSIDER OF ENFORCING DEMAND BY FUND TRANSFER ~ AWATTS ACTION OR TREASURER ‘Incoming Official Money Put on Certificates in Bank of N. D. | ASKS FOR AN OPINION ( Outgoing Treasurer Explains i Why Money was Placed in This Manner The money of the treasury of Bur- ‘leigh county had not been transferred ; to the new treasurer, A. Flow, by H. P. Knappen, retiring treagurer, this morning. State accountants had ; not finished their examination, but | were expected to do so this afternoon, | Mr. Flow took office yesterday. The treasury has about $450,000. H, P. !Knappen, retiring treasurer, placed $150,000 of general tund money, on ! certificates of deposit in the ‘Bank of ‘North Dakota and on Saturday, his last day in office, placed $88,340.43 | sinking fund money on certificate a deposit in the Bank of North Dakota Payable next March, 'Whether Mr. Flow would accept the certificates of deposit, particularly cash, or only 8 certificates was un- determined thig afternoon. The state | bond department recently warned in- coming treasurers to accept certifi- ; cates of deposits in private banks on hich there was any doubt as to legal- | ity of the deposits only as to what the face of the certificate showed and not as actual cash. Mr. Flow asked ‘advice of the county attorney, but de- ‘clined to make-any\statement on the matter, | Knappen’s Position. H. P. Knappen, retiring treasurer, said he put the money on certificate of deposits in the Bank of North D: | kota just before he went ‘ont of office to protect the bank, |. ‘1 went on the assumption that the incoming treasurer would immediate- ly draw all the money out of the bank,” said Mr. Knappen. “T put the sinking fund money on certificate of deposit to remain until the bonds are payable. I put $150,000 of the gen- eral fund on certificates of deposit of varying amounts due at various times from May 15 to November 1.” Mr. Knappen said he did not have any information that Flow planned to draw all the money out of the bank of North Dakota immediately, but as- | sumed that Flow, who was elected by the Independents, would do so, The apportionment of funds to the ‘various political subdivisions from the {recent tax payments has not been made, Knappen denied that the new treasurer would be hampered in meet- ‘ing checks drawn by various subdi- ‘visions, declaring there was enough |money in the bank to meet the de- ; mands on the general fund aside from the certificates of deposit. Secretary Wallace to Answer MARINE STRIKE BRINGS FIGHTS UPON VESSELS | Baltimore, Md., May 3.—The local | Marine strike situation assumed seri- ous aspect this afternoon, Twenty | members of the crew of one steam- , Ship were removed and a fight was re- | ported in progress on another vessel. | (Minor disorders also were reported by | the police. WEHE’S SALARY ~ ORDERED PAID ‘Gets Peremptory Writ From Judge Nuessle’s Court | Judge Nuessle, in district court, has ‘granted a peremptory writ of man- A‘damus commanding the workmen’s| ‘compensation bureau to pay L. J, ' of April, 1920, the month during which he was suspended and removed from the compensation bureau by Governor supreme court. : Wehe also has a suit pending for including February, 1921. That there were 30,000 gallons of ice cream manufac- tured in Bismarck during 1920 That Bismaarck’s hotel facilities are better than those of any town of its size in the Northwest. That Bismarck hotels accommodated an average of 600 guests daily during 1920, we wt That Bismarck hotels have a capacity of 1,200 guests. - That Bismarck entertained 67 conventions during 1920 —about 10,000 people. ' A een a | Finds, * | American METHODS =~ REPARATIONS MILITARY MEANS | {Decide Against Naval Demon- i stration, But Consider Modified Blockade i INVITE U. S. DISCUSSION | Hughes Note Pleasing and Rep- | resentatives to Get Bid to | Allied Council Berlin, May $—(By Associated Press.)—Bollef was expressed in political quarters here today that the refusal of the United, States to deliver the German counter. Proposals on reparations to the entente would necessitate the res- | ignation of Chancellor Fehren- ; dach and Foreign Minister San- | | i | | | | i ons, j French Military Headquarters, May- jene, May 3.—-(By the Associated | Press.)—The plans for the occupation ‘of the Ruhr valley elaborated by the French general staff provide for the ; exclusive use of white troops it was j announced today. : I |_ London, May 3,—(By the Associated | Press.)—The allied supreme council | today decided to take no naval action ‘against Germany without consulting the United States. ey |. This was agreed after a rather full , discussion of the council members ‘with Admiral Beatty of England and | Admiral Grasset, of France, regard- jing plans for naval pressure upon ‘ Germany. | Occupation of the Ruhr coal basin: in the event such action should be- ;come necessary was considered by ;the council with the military repre- sentatives of the allies. Four Plan Four sugestions were examined by the council this morning, namely, ; blockade of the German ports; a par- | tial blockade; a demonstration with- out a blockade and seizure of the customs receipts in German ports. | British, French, Italiang and Bel- igian ministers were agreed. that suspectibilities must be | carefully considered, : Would Please U, 8. f Unofficial copies of ‘the American | Rote of Monday to Germany were cir- culated among the: ministe: it ; Was wholly approved. ae, " | The representatives of the four gove ernments are agreed that the United ; States must be invited to send a rep- | resentative to the supreme council, the council of ambassadors meeting ;Tegulirly in Paris and the reparations ; commission. It hag been thought wis: ,not to urge the Washington govern: ment to enter these bodies until after May 12, when the result of the pres- ent decision of the supreme council jhave been seen. HUGHES ANSWERS, | Washington, May 3—The Germin | reparations counter proposals are un- ; acceptable ag a basis for discussion. Secretary Hughes informed Dr. Sim- ;on, the German foreign minister, in a note last night. ‘The secretary at th same time urged the German govern- ;ment to make further Proposals di- ;Yectly to the Allied governments. He ‘also expressed again the earnest de- sire of the American government for :& prompt settlement of “this vital question.” The text of Secretary Hughes’ com- munication, which was dispatched ty Loring Dresel, the American high commissioner in Berlin, follows: { “The government of the United States has received the memorandum ileft by Dr, Simons with the commis. sioner of the United Statas under date of April 24, relating to repara- tions. In reply this government states that {t finds itself unable to reach the conclusion that the Proposals af- ‘ford a basis for discussion acceptable to the Allied governments and thn: ;these proposals cannot be accepted. The government therefore, again ex- ‘pressing its earnest desire for a Prompt settlement of this vital ques- tion, strongly urge the German, gov. ernment at once to make directly io ‘the Allied governments, clear, definite ;and adequate proposals which woul} in all respects meet its just obliga- | tions.” The communication was made pub- lic by the secretary without comment. | ALLIES SET AMOUNT. _London, May 3.—The supreme coun- ‘cil reached a substantial agreement 1, of Jamestown, burned,’ Wehe $208.33, his salary for the month on the terris to be imposed on Ger- many. In. principle, it is agreed that | Germany is under obligation to pay ithe Allies 6,600,000.000 pounds of Frank Frazier. The suspension and removal | sterling. She will be required to pay United States treasurer, has! proceedings were held invalid by the {100,000,000 pounds yearly, plus 25 per ; cent on her exports. ig This obligation on the part of Ger- many shall be acknowledged by the issue by Germany of bonds bearing five per cent interest. These terms will be incorporated in an ultimatum which expires-on May 12, U. S. NOTE HANDED GERMANS. Berlin, May 3.—(By the Associated Press.)—The note of Secretary of State Hughes to the German govern- ment replying to the German counter proposals on reparations was deliv- erd to Dr, nons, the foreign min- isted, at 11:30 o'clock. this morning by Loring Dressel, the American com- i r here. 3 PARLEY RESUMED. Interna- A Amsterdam, May 3.—The , tional Federation of Labor today pub- | lished a statement demanding the 1 mediate reopening of negotiations be-" twen Germany and the Allies on the basis of the latest German propos concerning reparations.