The Bismarck Tribune Newspaper, May 16, 1921, Page 1

FORTIETH YEAR COUNTY FUNDS — TIED UP WHILE - DISPUTE IS ON Example Cited During Hearing Held in District Court in Treasurer’s Row | AFFECTS .CITY SCHOOLS, : at Right of County Treasurer To Make Time Certificates Deposits Is Up. Hearing was held in district court; today in the case of several local tax-| payers seeking a writ of mandamus, against H. P, Knappen, retiring coun-; ty. treasurer, and the Bank of North) Dakota, to compel Knappen to turn: over to the treasury cash which bad been deposited in the Bank of Norin Dakota on time certificates. It developed during the hearing that Burleigh county funds have »cen com-| pletely: tied up. According to. attor-: neys J. A. Flow, the; incomias ‘treas-; urer, refused to take’ the certificates of deposit from Knappen Knappen in turn; they said, refused to turn over the vemaining funds to Flow. The funds were further. tied up when Driscoll’ tow! funds in the Bank of North Dakota. | Scott Cameron, attorney for the! taxpayers, ‘declared that many political | sub-divisions of the county are’ in need of money ,because the sppor- tionment is held tin, bythe tieup of funds. The city se! Sols: of Bismarck he said, had but a few dollars on hund and were forced to borrow money at 7 percent interest to pay teachers. Garnishcement Action The Driscoll township action, at- torneys for the taxpayers charged. was brought for the purpose of pre- venting thé Bank of North Dakota from paying the county money, The attorneys for the township were E, S.; Allen and Joseph Coghlan. The case was continued this after- noon after lengthy arguments on both sides, Judge Nuessle expressed doubt ‘as to the right of the taxpayers to bring the suit, intimating it. was the duty of Treasurer 4. A. Flow, and asking attorneys: for additional argu- ment on this subject. Knappen’s Return Attorneys-representing Mr. Knappen and the Bank of North Dakota were W. A, Anderson, first assistant Attor- ney-General; George K. Foster, assist-| ant Attorney-Gengral, and C, L, Crum.’ Attorneys appeating for the taxpayers were Scott Comeran, €, C,, Wuttam and “States Attorney F. V. McCurdy. ‘Knappen presented a return to the alternative writ. and asked dismissal; of the petition. | Several important questions may be’ decided in the suit if Judge Nuessle holds the case properly brought. Among them are; | Whether the Bank of North Dakota, is required to give a bond as a public: depositary. | i Whether a county treasurer has the right to deposit money on time de posits. ‘ | Whether a county treasurer is re-| quired. to turn over cash to his suc-' cessor. The position of the taxpayers was! outlined by Mr. Cameron. He argued ‘that the Bank of Nurth Dakota was a} public depositary the same as a state or national bank but that the depo-) sitary law expressly required that the} bank furnish a bond payable to the) corporation making the deposit. He asserted Knappen had no right to de-| posit money in the bank without pro- tecting, the county by bond. He -as- serted Knappen ‘ndét‘!ohly deposited the money wrongfdlly but feloniously.| , Held Bond Desirable Gameron held that a bond wag par- ticularly desirable from the Bank of, North Dakota, saying the supreme; court had held the state.did not guar- antee the deposits in the bank, j The certificates of deposit, he ar- gued,-were void because they were) made’ without’ any authority, saying | thete was no statutory authority for) the treasurer loaning. money, and he i termed placing money on certificate a loan. Foster’s Argument ri Mr. Foster held that there was not a sufficient cause of action stated in the petition, and that the court did’ not have power to issue the writ of mandamus. He said the general pro- positfon was admitted that when .an officer goes out of office he must turn over all equipment, money or para-) phernalia of the office, and he termed the certificates part of the parapher- nalia of the office. The Bank of North Dakota, Mr. Fos- ter argued, was the only legal deposi- tary at the time the deposits were made by Knappen. ‘Knappen’s return showed that there was on hand when his term of office expired May 1 a total of $439,836.12. Of this $238,340.43 had’ been placed on certificates of deposit in the Bank of North Dakota. A The. taxpayers who instituted the action were A. P. Lenhart, A. W. Lu- cas, Robert Orr, J. L. Bell, A. W. Guss- ner, H. J. Duemeland, E. A,Hughes,' Frank G. Grambs, W. E. peabr, and J.C, Anderson. NAMES BOARD | ON HOUSING. ‘Washington, May —16.—- Secretary | Hoover has selected an advisory! board of seven to aid In the solution | of the housing problem. | ‘ing sued by Wife Bigamy Wave Hits New York Three Wives—Yées, of One Man hip garnishee? county! _ Manhattan is Stirred by Some, Citizens’ Proclivity to Take, For the sin-ye do, by two and two =Ye must pay for, one by one. —Kipling. BY RH. WHI New York. } 16.—New York suffered from crime waves; holdup waves, and suicide waves. Now comes the so-called bigamy. wave. John William Murrayy a publisher of 33, is'the central figure in the Jat-; est plural marriage c He is” { Ni for separation, She charges him with “cruel and in- human treatment.” It develops, as a consequence of: this action, tliat he has two other wives—all married within seven years—though he says! he didn’t intend to be a’ bigamist and) doesn’t: believe two. of. the marriages | are legal: i k st Manhattan Jack, still in possession: of the airy manners. whicii'distinguish- } ed his meteoric Broadway career, | rushed from New York to Los Angeles, where dwells. Yvonne Pavis Murr Wife No. 1,a motion picture; actres: He annotinced there that they had} effected a reconciliation and that a2} is ready to return to New York and! “face the music.” Wife No. 2 was Marie Doughertv | Murray, war worker, whom he mar ried when he enlistel in the Marin Corps. Wife No. 3 was lovely An Warwick Murray, actress and daugh- ter of an Illinois merchant. The story of Murrav is the story of | others. Recently Herbert Thornton’ BISMARCK, NORT! 1921 | H DAKOTA, MONDAY, MAY 16, EMORIALDAY IRISH DISORDERS | | | | | | | : M j EXERCISES TO — LIVERPOOL AND COVER 2 DAYS —_ ARE RAIDED Exercises Chiefly to be Held On AVIATOR LEAPS Sunday, May 29, in | TODEATH AFTER : Bismarck ' PLANES COLLIDE Grand Island, Neb. May 16:--- Warren ¢T, Kite, formerly of Springfield, Mo. was killed yes- terday when forced to leap from | his airplane at a height of 800 feet after the tail of his machine was cut off by the propellor of another | machinepiloted by J. H. Smith, with whom he was doing acrial stunts, Smith was |PARADE AND PAGEANT) ‘Decoration of Graves Will Be! Carried Out on Monday, May 30 rt, MEMORIAL PROGRAM Sunday, May 29, 2:30 p. m.— Parade: in downtown streets of former service men and organi zations. BREAKS RECORD Mineola, L. 1, May 16.—Miss | | | | { | | | | | | IN ENGLAND; LONDON HOUSES AND SET ON FIRE | London Police Reply to Supposed Raids of Irish Sympathiz- ers By Own Raids * [NEW DEATHS REPORTED Several Killed During Disorders in Ireland; Report Leaders Are to Meet London, May 16,—Headquarters of the Irish’ Self-Determination league and of S.nn Fein or :aniza- tions were raided hy the police following attacks upon members of the Royal Irish constabulary by Republicans, A namber of iu- cendiary fires were reported in Liverpool. SIX HOUSES RAIDED. Liverpool, May 16.—Six houses in widely separated parts of this city were raided and set on fire by parties unknown, last night. The ‘occupants of every house thus visited have rela- tives serving in the Royal Irish con- stabulary. The inmates were in some cases gaged and bound. The furni- ture wag drenched with kerosene and i nvicted Had| Attacked- Validity of | Amendment i making 199 complete loops from ing parade. | | “service men in cemeteries. | i H ; Ceremonies in observance of Mem-| . . H The general committee and sud- | outline for the observance, in‘ whic! 3 Does Not Invalidate En- eral chairman. ; Murphy is in charge of the parade SETTLES APPEAL Fi CASE @ are asked to participate. Vet- Laura Bromwell, 23 year old avi- atrix, broke the world’s record by American Legion pageant at an altitude of 8,000 feet. Auditorium immediately follow- POR ARE RET IE pesety, May, 205 10 ei DRY AMENDMENT: Decoration of graves of former | ‘ orial Day, May 30, will be held chief-| | { ly on Sunday, May 29, in Bismarck. | SUPREME COU RT H committees named by representatives! point LB of oganizations -have completed the} Requirement For Ratification; wey a every one in the city will, | Join. Major Frank S. Henry is gen-; tire Measure The Memorial parade will be held: cms at 2:30 p..m., Sunday, May 2), Heury, | arrangements. Véterans of all wars! — ; who, living and able to be in the pa-' California Man Co! | erans of the World War will be in | uniform. : Some to Have Floats H An invitation was extended to all set on fire and in some instances the people were left to the mercy of the flames by the raiders, who fled in au- tomobiles. Raids in all ways were similar to those made in suburban districts in vaneon and in this city Saturday night. LEADERS TO MEET Dublin, May 16.—(By the Associat- ed Press.)—/Premier Lloyd George,says the Freeman Journal today, has of- , fraternal and other organizations hav- ing a considerable membership to par- ticipate, and Mr. Murphy is pleased with the reponses, Some of the ov- ganizations are planning to have floats ‘in the parade, Immediately. following the parade ‘the American Legion pageant wilb be presented at the Auditorium. ' The pageant, the book of which is | provided by national headquarters of the American Legion, has two princi- : pal, characters, which are takea by Mrs. Edward ‘Bannon and Commander | William C. Paulson, of Lloyd Spetz | post, American Legion. Four import-: ant parts are to be taken by’ Misses Anne ‘Atkinson, Mary Parsons, Esther Taylor-and Julia Weber. There’ will ot GOVERNMENT WINS CAPITAL ASSET: i Washington, May 16—The require-| fered to meet Eammon DeValera or ment that the prohibition amendment: other Irish leaders without condition. be ratified within seven years by, Mr. DeValerayadds the newspaper, re three-fourths of the state does not in-| Pied that if the premier made such validate the entire measure, the su-| 2 Statement public he, DeValera, would :preme court today ruled. | give a reply. | The decision was given in the ap-) ‘peal of J.J. Dillon, of San Francisco, | ‘from decisions in lower courts, ‘re-! fusing his petition for a writ of habeas | | corpus on the ground that the limita- tion made the amendment invalid, | Dillon was arrested while trans- i | porting a case of wine to the home of} |its owner. His counsel asserted that section 3 of the amendment original-| ly proposed by Senator Harding pl: ed limitation on the action of the! state legislators and was therefore un-! TAX CASE INVOLVING HUNDREDS OF MILLIONS OF DOLLARS TAX MONEY. —_ Washington, May 16.—The govern- ment won today in the supreme court $ contention that increased valué of any capital asset must be'considered in orporation profits when taxes are i computed. “The meaning ‘of the act as to in- vested capital, is clear,” the court said. be groups of soldiers in the pugeant/ constitutional. aI from the James B. McPherson post,| “We find that proposal and ratifica-} Graud Army” of the Republic, the) tion of an amendment are treated as| Spanish war feterans and the Amert-| succeeding acts in a common endeav- | ‘can Legion. The central figure of the/ or” the opinion said, “and there isi closing tableau will be Mrs. M. W./a fair implication that they should be Roan. A large orchestra will play,| fairly contemporaneous.” AGAINST GOING the chorus. Typifies Memorial Spirit The story of the pageant typifies the Memorial day spirit. The chairy of the pageant committee is G. H. from a ruling of the treasury that ore, lands purchased for’ $190,000 in 1904: must be returned in..the 1917 report {at $10,000,000 and a .profits tax paid} on the difference. The opinion today! sustained this ruling. . Russ, Jr, Hundreds of millions of dollars in} A, A. Jones is chairman of the com- excess profts taxes were involved in thittee which will arrange for the det the case which was characterized by| oration of graves on Memoriat day,’ FOUR ARE KILLED Dublin, May 16.—Three government officers and the wife of one of them were shot in ambush last night, four miles from Gort, County Galway. The victims were District Inspector ‘Blake, and his wife; Captain Corn- wallis and Lieutenant McCreery, The captain and the Heutenant were at- tached to the 17th lancers. ‘The party was riding in a motor car when it was ambushed by 40 men. Military and police rejnforcements sent to the scene were fired upon and one constable seriously wounded. MEETS DEATH BRAVELY Cork, May 16.—Daniel O’Brien, of ‘Knockanddane, Liscarrol, county Cork, was tried by drumhead courtmartial Saturday and executed in the Cork detention barracks at 8 o'clock this morning. ‘O’Brien met death bravely, main- taining the same attitude that he dis- played at his trial when in answer- ing the request to plead he replied: “I have no defense. I was caught a3 a soldier and you can try me.” Andrews, wealthy young stock broker | “It was ‘to cover actual cost of prop- and: bon vivant, tired of Maud ‘Augusta! erty, disregarding anything that does Haynes, who he married in Portland,/not change the form of the invest- Me., on April 2, 1911. | ment.” Without divorcing her, he hvevied} The court's ®eision was given in to Pittsburg, bundled pretty little Es- | the appeal of the Labelle Iron Works high government officials as the “most | important legal suit affecting federal; finances to arse in several decades.” | The court was unanimous in its de-! cision except that Justice McReynolds concurred only in the result. May 30. A handsome American Lesion marker has reached the city and will be placed at the head of the Legion burial plot in the cemetery. INTO SILESIA Newspapers Counsel it Might Mean War with France OLSON NAMED U.S. COLLECTOR | Community Cor ther Marie Tatnall, a stenographer, into his automobile and fled to Green-| wich, Conn., where the laws on big-! amy are toothless. There he made her. his bride and returned with her to his hame where he introduced her to Wife No. 1. He compelled both women to live together | in the same’house «until the scandal caused Esther to flee and Maud to} commence a divorce action. * « @ Just before Andrews caused a sen-| sation, New York was stirred by the; news that Vice Commander Joseph! Merritt Lane of New Jersey had found the Connecticut law favorable to his polygamous purposes. On Jan. 30, 1919, he married Ger- aldine Garrison-Kerr, daughter of Su- preme Court Justice Garrison and a niece of Lindsey M. Garrison, forme. secretary of war. On April 4, just 64 days later, spring fever caused him.to hurry to Stamford, Conn., where he was united in wedlock to Grace Hercht. Bringing her back, he installed her (Continued on page 4) RESERVE BANK -— RIGHT DENIED Supreme Court. Decides Par Check Matter at Washington, May 16.--Federal re serve banks‘have not the right to in- sist on par collection of checks of member banks, the supreme court ruled today in effect. The court reversed decrees of Geor- gia courts which had refused to en- join the federal reserve bank of At- lanta from taking steps to force col- lection of checks drawn on a number of Georgia state non-member banks “except through the usual and ordi- nary ckannels.” \ CUSTER PARK PLANTINGS ARE MADE; ‘SECOND PLANTING Plantings of trees, shrubbery and flowers were made in Custer park to- day, as a result of the hearty coopera- tion of organizations and individuals in the movement to beautify the park, under the leadership of the Woman's There will be another planting day on’ Wednesday of this week, To com- plete the big task of placing sufficient plantings in the park those in charge! of the work ask the further coopora- tion, of citizens. Additional gifts of money may be made to ‘Mrs. Robert Orr, chairman of the park committce There is a special need for more trees and the ladies would welcome the as- j | | sistance of any men who will give some of their time Wednesday to the work. serra ee RADICALS SEEK MEX. CONTROL) The work was under the direction Sane of George Will, with nursery experts Mexico City, May 16.—The Morelfa} doing the planting. The following or- tragedy of Friday is expected to pre-| ganizations contributed plantings. cipitate a serious problem for polit Daughters of Isabella, spirea; War cal, domination of the chamber in the) Mothers, bed of scarlet poppies; Fort- national :dssembly with all radieq!-nightly club, flower ped; Current elements lined against the Obregon| Events club, lilacs; Mrs. N. lL. Call, party. willows; Dr. M. W. Roan, shrubs;* DAY ON WEDNESDAY Cc. Ww. dies, ME tian Ladies, evergreen; bekab, spirea; Busin sional Women's clubs. elm tree; J. 0, Hellstrom, — shrubs. The Current Events offering was contributed by Mrs. Mary McLean. (rank Johnson, an elderly man, ap- peared at the park in r to the call to those who w give their time and labor, and said he was. glad to aid in any movement to! beautify the park. Beautify the Park t Other organizations were expected! to’ notify the committee of the gift! of plantings, ‘and their names will be{ announced later, If the same cooperation is manifest-| ed on Wednesday, the second planting day, the ladies in charge of the work; believe that Custer park will be wor-! derfully improved, bed; Baptist La- pirea; Presbyterian Aid, shrubs; Ladies Aid, evergreen; Chris- lence, blue spruce u Daughte s and Profes- illing to and Russia INOTE IS SENT PARIS, | Berlin, May 16—German newspa- | ALIENS CAN'T ‘AGREE ON ARIY | FORCE KIN TO OF 175,000 MEN pers express pleasure over declara- i tions made on Friday by Prime Min- 8 “ | ‘ister Lloyd George of Great Britain Washington, May 16—An army of; Washington, May 16.—Alfen rest-| 175,000 men was decided on today by|Telatlve to the situation in upper Sil-| i ‘the uh-com-, eSia, but they give warning against | dents in the United States have no ihe sewbte, miliary eee ala German march into Silesia unless | | legal right to demand the admittance | ation bill, The measure was passed. sugh a movement should be requested ; of relatives, the supreme court ruled: by the house providing for an arm y the entente powers. | tin effect today in upholding decisions! oy 159,000, a They declare that such an advance’ | of California courts in the case of the! epee i would result with both France andj | appeal of a Chinaman who sought to | Poland. f | bring his wife and two minor children} BEACH SELECTS | ——— | with him on his return to the United! A TOWN SLOG AN PREVENTS PAYMENT. | States from a visit to China. The im-| Herilz: ‘May 16.—The insurrection in | | malgration authorities refused to admit! peach N. D, May, 16.—Beach has, MPEG iene, prevented ine: peymen| lise bnc aig ee ees Se OCG ' in ai eR ET "Beach, the Hub gay, Rail and wire communication | i i The contest was held by the Towa’! the aletured region is reported im-| i Criers. The slogan was suggested by, Por . ere. His Ss | Laurence Norem, of ‘Sentinel: Butte. SENDS PARIS NOTE, i | P Laie x Sees UR sae A ERE | Paris, May 16.—Germany has a note; r . ABANDON HOPE ito Paris denying responsibility for the | i i | Silesian rebellion. | | FOR 7 PERSONS. scat | _ i Speaks at Ft. Ransom. | Sault Ste. Marie, May 16—Al! hope; Governor Frazier is out of the city | was abandoned for seven persons!for a few days. He will speak at Ft.) | aboard the barge Mistez, adrift in the Ransom, May 17, Norway's Independ- ; | lake. ‘ jence day. | eel TRAVELS 2,550 MILES WITHOUT TIRE TROUBLE IN MOUNTAINS AND DESER the next. day, in the mountains, the; weather was below freezing. Mr. Hos-j king found virtually no roads ip Ari-' zona and New Mexico, simply follow-| ing trails, but in Colorado he found; ! good roads. Much work is being done; on southern trans-continental high-! ways, he s i j The trip was made in 25 days, with stops at many points of scenic inter-) est. Added to the experience of motor: \ { { i | i What is Society Doing? - Failure to have the slightest trou- , ble, not even a puncture, in a trip uf | 2,550 miles over all kinds of roads Thelped make a motor trip of Mr. and | Mrs. R. D, Hoskins and grandsor, | Robert’ J. Hoskins, aged 6 years, jcomplete success. The trip marked jcompletion of nearly 16,000 miles traveled by Mr. Hoskins in his auto- mobile without a puncture. Mr. and Mrs. Hoskins arrived in | Bismarck Sunday, after motoring from The social activities of your friends naturally interest every woman, What Mrs. Smith is doing o¥ what she is planning to do are told in an interesting way in our so- ciety columns. You'll enjoy the news, for Washington, May 16—Nomina- tions of collectors of Internal revenue sent today to the senate by President Harding, inelded: ‘ Gnder Olson, of Grafton, North Dakota, for the district of North Dakota. Mr. Olson is Repblican national committeeman for North Dakota. He replaced W. E. Byerly, Demo- cratic appointee, and will have charge of all internal revenue col- lections in N. DB. U.S. IS UPHELD ' IN ESTATE TAX REVENUE CASE Washington, May 16—Estate taxes paid under state laws cannot be de- ducted from the “net estate” upon which @ tax is fixed under the federal revenue act of 1916, the supreme court ruled today, in affirming decrees of federal courts of New York in a suit brought by the executors of the estate of the late J. Harson Purdy. BIG FOURTH IS BEING PLANNED Beach, N, D., May 16.—A big Fourth of July celebration for Beach is pro- posed by the Town Criers, . The club also is giving aid to the project to create Roosevelt National Park out of the petrified forect area of the Bad Lands. TO BUILD CHURCH AT GARRISON Garrison, N, D., May 16,—St. Nicho- las Parish has dedicated. ground on which a new church and schoo! build- ing is to be located.’ It is the inten- | tion to have the walls of the building erected by July 4. this paper makes a specialty of - society events, Every- thing that is interesting is to be found here. Bismarck Tribune Phone 32 Long Beach, California, through Ari- |zona, New, Mexico, Colorado and up through Nebraska and South Dakota. The mileage of his Willys-Knight car |registered was 2.550 miles. | Traveling through Arizona and New Mexico the party crossed onc stretch: lof desert 200 miles long without se | sign of a road more than a beaten path. On one day the thermometer | registered 104 degrees above zero and travel Mr. Hoskins was on the steam-/ gr Alaska pound trom Seattle ant FINWALL SPEAKS (ago a terrific. slorm| AT CELEBRATION months ago during a terrific storm,| which blew the steamer from , ti customed path about five or six miles Wilton, N. D., May 16.—Rev. C. W. off shore to 150 miles out at sea. The} Finwall will lecture here Tuesday att- government wind instruments regis-| ernoon at 3:30 o’clock during the cel: tered blow of 135 miles an hour and) bration of Norway’s Independence «i then broke. The stoim was one of; The lecture includes about 225 views the worst on the coast in many yeare.| of scenes in Norway and Sweden.