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

Unsettled FORTIETH YEAR ORDERS COUNTY CASH RETURNED BY MR. KNAPPEN Judge Nuessie Issues Writ in Case Involving County Funds Dispute — MUST TURN. $401,000 Case Expected to be Appealed to the Supreme Court. for Final Ruling Judge W. L. Nuessle, of district court, today issued a Writ of man- damus ordering H. P. Knappen, form- er county treasurer, and the Bank of North Dakota to turn over to J. “A. Flow, new county treasurer, a total of $401,000, which taxpayers had al-| leged in a mandamus action Knappen| had failed to do. ‘The case is expected to go to the supreme court immediately jfor final détermination of a number of import- ant questions, although Mr. Knappen sald that until’he had read the formal order and had consulted with attor- neys he could not say what action he would take. Includes General Fund. The money Knappen is ordered to turn over to the treasurer includes $150,000 general fund money placed on certificate of deposit in the Bank of North Dakota, and $251,000 in a check- ing account. Judge Nuessle refused to order Knappen to turn over $88,- 000 in a sinking fund which he had placed in the Bank of North Dakota on his last two days in office, holding that it was not properly subject to mandamus action. The local taxpayers who brought the suit alleged that Knappen had put $150,000 general fund money and $88,- 000 sinking fund money in the Bank of.North Dakota on his last two days ig office, and that in so doing he tied up the funds of the caunty so that the political sub-divisions cannot be given their apportionment. Flow re- fused ‘to accept the certificates and ‘nappen declined to turn over the re- mainder of the funds. SUSPECT HELD - AS DRIVER OF “DEATH” WAGON Holds b Department of Just Man in Wall Street Explosion Case (New York, May 19.—A federal war- rant was issued today for Giuseppi deFillippo, Bayonne truckman, de- tained as a Wall street bomb plot suspect, charging him with having at- tempted to destroy the United states assay office. £ At the same time police announce that: Herman Smith, retired fireman who several weeks ago identified Peter Ligi, a Scranton, Pa, suspect as a man he had seen talking to the driver of the death cart, told them deFillippo looked like the driver. ‘ The warrant was issued by United States Commissioner: Hitchcock on complaint: of Charles ‘Scully, head cf the department of justice headquart- ers in this city, who said deFiilippo had been identified by several persons as the driver of the death cart which figured in the explosion. Bayonne, 'N. J., May 19.—The police announced today that three persons THE BIS ' sat BISMARCK, NORTH DAKOTA,’ THURSDAY, MAY 19, 1921 oe { | | | COMPLETE _* # * * A] RY OF MRS ‘S10 SOUTHARD'S FATAL WOUNDS By Newspaper, Enterprise. | a ee San Francisco, May 19.—‘‘She swept | Mie. ou THARD'S HUSBANDS: the men of her choice off their feet—j| | No. 1—Robert Dooley ....$ 4,500 | courted them so persistently that they | | No, 2—William McHaffie.. 500 | | vould not’ escape.” ‘ ' Rong, tarlent Lewis. eae | That's the way V..H. Ormsby, a dep-| | No. 4—Hil Meyers: ....... 10.01) i rmaby, a dep-| | No’ 5 —Paul.V. Southard... 10,000 j i Williamson,- W. Va., May 19.—Six- ; ty-nine citizens, of Williamson were! today deputized as state policemen and will serve under the county au-| thorities to preserve order in the min- ing region along the Tug river. This action was taken because West Vir) ginia has no national guard, and its| forces of regular state police is limit-| ed to about 80 officers and men. After four days of comparative quiet the region became active today. scribes the romance of Mrs. Lydia| | dend; the fifth is aiding her de- | Southard, under arrest at Honolulu on} | fense against the charge of mur- ! a charge of murdering Ed Meyers of, | dering the fourth. ae a deputy sheriff, are en route to Hono- Falls, where she will be questioned about the mysterious deaths of three; other of her five husbands, a brother-| Vincent Southard, petty officer on the; Tg Serve olicemen in Border U. S. S. Chicago, has promised not to! ¢ as Policemen fight extradition. Her husband offer-} Trouble investigation may be speeded. Mrs. Southard denies the charges and says she can satisfactory explain a “typhoid carrier,” and that this may | have ‘beenf responsible for some of them. | the woman's fourth husband: In 1920 | be was running a little rance out near Twin Falls when Lydia came home [ns souriann, riesriuspanp anb camo | CHIBF JUSTICE a 1 MRS LYDIA TRUEBLOOD DOOLEY | | McHAFFIE LEWIS MYERS SOUTH-! Aw; HER FIRST HUSBAND, ROB- } ERT DOOLEY, AND THEIR CHILN. LAUDA MARIE DOOLEY. DOOLEY: AND THE CHILD Ari BOTH priav AND THEIR. DEATHS ARE BEING INVES WiGATED, Ae OFFICERS ARE NAMED T0 LEAD ~ NEW LIONS CLUB Organization, is Definitely Launched \.at Noon Luncheon: A temporary organization of the Lions club was formed in Bismarck at a luncheon at the Grand Pacific hotel today. The: members named H. L. Stegner ‘temporary president and Wil- liam Harris temporary secretary, and authorized appointment of a nominat- ing committee to report on permanent officers. Immediate applicatién for a charter in the Lions club, which is a national organization, will be made. There were about 15 business and profes- ‘| sional men present at the luncheon today and the charter membership wili be 25. The luncheon and decision to seek a charter followed informal dis- cussion. The club will hold noon luncheon each Friday at the Grand Pacific hotel. The composite idea of tne club in Bismarck, it was ‘stated, will be to follow out the principles of the inter- matonal organization, and to cooper- ate with the Rotary, Town Criers and j other organizations in forwarding the best interests of the city. ‘BAN DEALINGS iF. K. LANE’ SCATTERED OVER "WHITE OF HIGH ~ COURT IS DEAD Chicago, May 19.—-The body of Franklin K. Lane, former sec tary of the Interior, who died in Rochester, Minn, yesterday was | | cremated here today ‘and the re- | Veteran Jurist of United States; / Supreme Court Succumbs Early Today ma.ns will be taken to the top of El Capitan peak, in the valley, and scattered to the winds In compliance with a request made by Mr. Lane prior to his death, |SHADOW OVER’ CAPITAL Chief Justice Had Become One of Best Loved Figures of National Capital INFESTIVITIES Washington, May 19.—President Harding today'turned away trom | the world-wide problems long enough to carry in person to the sorrowing family word of his own, the nation’s grief in the death of Edward Douglas White, chief jus- tice of the United States. Mean- while messages of sympathy and grief were pouring in trom all parts of the nation and world and in mark of respect the senate ad- journed for the da: | Public Entertainment is on Pro- gram for Second Day of ' Convention EIKS TAKE THE STAGE ‘GREAT FALLS WINS. Great Falls was selected unani- nvention city qi om 4 «| 3 Washington, May 19.--The death! 1923, ‘here this morning of Edward Dougles; \ A. O, U. W. delegates to the conyen- White, veteran chief justice of the ¢j Lavi i » s ! tion here are having a fine time, as United States Su g c ‘ preme court, cast 4! veil as doing u lot of work, shadow of sorrow today over the na- tional capital, where during his long! ‘The general public was let in on the | years of service on the supreme ‘court! good time yesterday, and the, organi- CK TRIBUNE MOUNTAIN PEAK INVITE PUBLIC ‘TO JOIN A.0.U. W. ‘bench he had grown in the admiration and esteem not only of his official as-! sociates but of the entire community.) The chief justice, who was 76 years old; had enjoyed rugged health up to} the time he was forced to submit to} zation invites the public to join in the closing festivities. At 8 p, m. there will be a free en- tertainment at the city Auditorium, lasting two hours, to include musical jas a Democrat, serving until | and vaudeville numbers, moving pic- tures and speeches. Members of the Appotnted hy ‘Tait. | A. O. U. W. and ladies of, the Degree Chief Justice White was born in the of Honor will Me omer Fier ee ish of Lafourch. z et ertainment, and an especi al invita- aes ve e, La., and was edu! tion is extended to the public to en- Ge ed in Catholic. schools, including| joy the elaborate free entertainment. eorgetown university. His educa-' ‘The Auditorium entertainment will be tion was interrupted by the Civil war+| followed by the rodf garden dance, through which he served in the Con-| unless inclement weather prevents. federate army. He was admitted to} The close of the first full day’s pro- the bar in 1868, became a member of! gram found the visiting Workmen, the senate in Louisiana in 1874, and in; who are from many states, happy over 1878 was made associate justice of the| the convention thus far. Last night state supreme court. in 1891 he was! was the night of the Sheiks. elected to the United States senate | Sheiks Initiate 1894,| Beginning in the afternoon the 62 when he was appointed by President) candidates for membership in Gizeh Cleveland to the supreme bench. Pres-| Temple No. 4, of Fargo, were put ident Taft advanced him to the posi-| through circus stunts and at 7:30 the tion of chief justice in 1910. parade was held in the downtown streets, led by the Elks ‘band, Can- DISCUSS SUCCESSOR, | didates followed; all tied to a rope, Washington, May 19.—(By~the As-| with some in grotesque costumes. One sociated Press.)—The choice of a suc-| of the features of the parade was a cessor to Edward Douglas White a3| big wagon with little tots peeping | chief justice of the United States was| over the side and a sign reading: one of the most widely discussed aub-| “Our Daddy Is ‘Insured in the Jects today in official ‘circles of the} A..0. U. W.” capital. Speculation centered chiefly The street dance which followed about the name of Former Pres{dent| W48 well attended, and F.| W. Snyder, William Howard Taft. | head of the local lodge, today issued The general impression was that) | a word of thanks to the general pub- nothing would be done prior to the! lic for the support. The sum of $123 reconvening of the court after ‘its| ¥@8 realized to help pay convention summer recess, which begins June 6,| CxPenses. Mr. Taft is known to have been long | | In Oriental Robes under consideration by President | The Sheiks’ ceremonial began with Harding as a possible chief justice. a banquet at the Grand Pacific hotel | and continued in the evening with the , ' initiation of candidates in the Masonic | temple. Sheik is the playground of | Workmanship. | Under the direction of iB. C. Marks, | Grand Vizier, with Mehemet Ali, Calif ELEY ATOR BURNS: of Wadi, the Shah of Maghera and the Pasha of Warka oiciating in resplen- | dent Oriental robes the candidates | were put through the paces. | Whole Town of LaMoure Turns A great deul of serious business was before the convention, and it was an- Out to Fight Flames | ticipated by Grand ‘Master Marks that the recent operation for bladder trou-! ‘le, burned to the ground Wednesday with, organization, and will decide many im- a loss of 2,000 bushels of grain. At) protant questions regarding insurance. one time the oil and gasoline tank) Among the proposals are that the in- of the Standard Oil company were! surance field be extended to include threatened, but the wind aide the) tota) and permanent disability and firemen. The whole town turned cut) making policies incontestable after to fight the flames, The fire started/ one year. in the top of the elevator, probabiy; Montana Men Busy a | the legislative body would not be able! ‘LaMoure, \N. D., May 19.—The Farm | to’ finish, its sessions today. The con-| ers Equity Elevator at LaMoure was! yention is revising the by-laws of the! | Last PRICE FIVE CENTS NORTH DAKOTANS FEDERAL JUDGE B. F. Spaulding and L. L. Twich- well Talk With Republican Leaders on Patronage CONTEST -WAXES WARM Friends and Opponents of An- drew Miller of Bismarck En- gage in Vigorous Fight Washington, D, €., | sition to the appointment of any man federal judge for North -Dakota under a bill now pending in Congress until the situation has been thorough- ly .Ganvassed has developed here. Representatives opposed to the ap- Pointment of Andrew Miller on the one side and theradherents of the for- mer attorney general of the state on the other are actively engaged in plac- | ing the matter before President Hard- i ing, \Will iHays, Attorney General | Daugherty and both the senators and the house delegation from North Da- kota. former Justice Spaulding and L. La. TWichell of Fargo, had a session on Tuesday with Attorney General Daugherty and yesterday they called on President ‘Harding and had a half hour interview, it is said. The ‘North | Dakota situation, {ft is said, was thor- | oughly gone into, Spaulding and Twichell were given a good hearing. It was too soon for the president to be expected to com- mit himself. -But he showed a decid- ed interest in the suggestion and lis- tened to the North Dakota men for a (May 19.—Oppo- 1 |tull half hour, notwithstanding the | fact that the large reception room was filled with people waiting to see him. They were impressed with the belied that the president will give a hearing to all disinterested advice regarding the appointment.” Messrs. Spaulding and Twitchell are in Washington for the purpose of urging upon the federal administra- tion the importance of recognizing the State Bar Association of North Dakota and its recommendations when the appointment is made. | Conferences have been on daily | With Senator McCumber and Congress- men Young and Burtness.. Spaulding and Twichell are opposing the ap- poiitment of any man until the bar of the state and the leaders of the ttepublican party generally are con- sulted. Opposition seems to be direct- ed against Miller and Richardson, the two men’ first considered as probable appointees. Telegrams and remonstrances are ; coming in to Senator McCumber urg- jing that a careful ‘canvass of .the | situation be made before any action is taken to placing recommendations in the hands of Attorney Generi: Daugherty. It’ will be six weeks or more before the bill passes the House if it passes at all and goes to Presi- |‘dent Harding. It is rumored that the | two congressmen who are opposed to’ the league control are taking a very active part in the judgeship affair. If the appointment in contemplation is | not in the best interests of public ! Dolicy, it is urged, that the bill may | be defeated or delayed.” OPPOSING MILLER Fargo, May 19.—The unanimity with which the bar of Fargo is opposed to the appointment of Andrew Miller of Bismarck to the United States district j court is indicated in the canvass of | the attorneys just concluded. - | ‘Forty-two members of the board de- | clared themselves in opposition to Mr. Miller, while one attorney listed. him- self as not voting, ‘Every member of the bar declared | himself as being opposed to the con- | sideration of this appointment on a | | uty’ sheriff of Twin Falls, Idaho, de-| | ‘phe’ first four husbands are | Twin Falls, her fourth husband. | Ormsby and his wife, who also Is) ' j | lulu to return Mrs. Southard to Twit, i in-law and her own daughter. i MADE DEPUTIES Mrs. Southard, now the wife of Pant! $ ! ed to’ pay the expenses of his wife and an official to Twin Falls so that the} | the deaths of her former husbands.; |She told officials she believed she was | “Take poor Ed Myers for example," | | says Deputy Sheriff Ormsby. “He was jafter Harlem Lewis, Husband No. 8, had died in Montana and she had col+ { had {dentified Giusepp! deFillippo, Bayonne truckman, arrested yester- day on suspicion as the man they had seen in Wall street within a. few hours| of the disastrous explosion last Sep-| tember. De Fillippo, who is in the trucking business, pas lived here 12 years. He denies a knowledge of the explo- sion, | WANTS TARIFF ERFECTIVE NOW Washington, May 19.—Preparatorv to introduction of the revised perma-| nent tariff bill Representative Long-; lected $5,000 in insurance. Everyhody Talking. “She rigged herself out fit to kill,; bought a long mink coat and a closed; car. Everybody in town was talking | about the way she ran around t» dances. : “She courted Ed right off his feet. “She talked around town that she wasn’t in love with Ed, but shé want- ed a home, and she said that some- time she might learn to love him. “Well, in August she and Ed were married after he took out a $10,009 insurance policy. ‘In September Ed died. “The townfolkg weren't just satis- fied. They started a lot of talk and the insurance company held up pay- ment on the policy. The matter got into politics and folks wanted to KAISER’S SON FOUND GUILTY ay 19.—(By the Associat- | Chicago, ‘ed Press.)—Eitel Friederich, second son of Former-Emperor William, was today found guilty of illegally export- ing capital to Holland, through the firm of Phillippsohn, Gruzser and Company. WEATHER REPORT For 24 hours ending at noon, May Temperature at 7 a. m. . Highest yesterday . Lowest yesterday . Lowest last night Precipitation . 19; . 69 worth, of Ohio, Republican member of: (Continued on Page Seven) the ways and means committee, intro-! duced today a joint resolution to make; effective immediately all rates carried: Highest wind velocity WITH SEA UNION| from friction. | Montana delegates continued their) political basis, taking the position that ; campaign for Great Falls for the 1923; the matter is of such grave importance | convention, with Byron Yates of Great as to require that the appointment be by the bill as reported. The tempor ary rates thus set up would remain effective while the tariff bill was mak- ing the journey through Congress. ELLIS ISLAND New York, May 19.—Ellis Isi- and, through which the bulk of the country's immigration passes, to- day was placed under strict quar- antine because of the death yes- terday from typhus of Andreas Steinback, a Jugo-Slav boy, 5 years old. The 1,700 immigrants were re- mover to the detention station at Hoffman’s Island. Commissioner of Immigration Wallace anaounc- ed the Ellis Island station would not be reopened for 48 hours. Ar riving immigrants will be:held on ship board, ; SCHOOL KIDDIES CHEER FOR ELKS | SWIMMING POOL AND WILL PARADE | FRIDAY TO HELP OUT CAMPAIGN y afternoon in downtown streets, led ort of the Elks campaign to build 1 School kiddies will parade Frida; by the Elks band. to voice their supp swimming ool for them. e The parade will be held after school and there will be hundreds of children in line. ’ Committees visited the schools today and talked to the children. “Any one who had heard the cheers and enthusiasm of the children could not Hesitate for a moment in subscribing to the fund to build the said S. W. Derrick, one of the committee. joining heartily in the ‘plan of the general Elks com- | mittee. To give every person in the city an opportunity to aid in the build- ing of the swimming pool, a committee of school children will begin the jsale of sacks of cement Saturday morning. A person may buy one or more ‘sacks of cement, to be used in constructing the pool. a Through the plan the Elks hope to enlist nearly everybody in the city, idistributing the cost so that a burden will fall on no one. | The general committee is continuing its organization work. Definite | swimming pool,” i The kiddies are New York, May 19—The executive and wagé committee of the American Steamship O rs association today adopted a resolution setting forth that hereafter the organization would have no signed agreements With any sea- going labor union. wane» All the News ¢ of the World As you unfold the pages of this paper ull the news of the world is before you in brief, wreadable form. . Everything of importance that has hap- pened in the recent houre ery presented to you. Uur special services with the teading. news agencies of the new and the old world make this posible. All the news that’s fit to read. Bismarck Tribune ~ Phone 32 arrangements have been completed so that every bit of material will be {purchased at absolute cost,,the committee announces, ARBITRATORS TO SETTLE STRIKE Falls leading the fight, and he was con-' made upon the basis of merit only. | fident the convention would be voted) ‘The sentiment of the Grand Forks | Great Falls on the first ballot. | attorneys was sounded out within the Chicago, May 19.—Representatives; One of the pleasant surprises of the! last few days and only one member of the building trades union and em-' convention for the members was the} of the bar there indicated a prefer- ployers chose arbitrators to settle the’ presentation by I. V, Leifur, manager ence for Mr, Miller. Eighteen attor- wage dispute which has resulted in a for the Minot district, of an A, O.| neys -were interviewed and ‘of thes strike and lockout of 50,000 men. U. W. song composed by him, Each’ four indicated preference for Aubrey ———_ | member received a copy. |uawrence of Fargo; four favored SPECIAL COACH FOR FUNERAL, | An automobile ride for the many | ‘Francis Murphy of Minot; four fav- ‘There will be a coach leaving Man-/ visitors, through courtesy of the Bis-; ored Justice A. M. Christianson of dan at 7 o'clock tomorrow morning! marck Town Criers club, was on the] (Bismarck; and four, favored George for the accommodation of people who; program for the afternoon, after the) Robbins of Grand Forks. wish to attend the funeral of Albert! business of the convention was fin-| Mr. Richardson of Fargo was not Grass at Cannonball. | ished. | given the preference vote of any of i ; the attorneys, | cesarean ct tata ae Eight of the Grand Forks attorneys i | expressed a second choice, three of | these named Mr. Lawrence, two Mr. | ‘Murphy, two Mr. Robbins, one W. A. | Melntyre of Grand Forks and one A. OPPOSITION T0 BRITISH ON |G. Divet of Fargo. HANDLING SILESIAN QUESTION WOULD REPEAL 2 a Paris, May 18—(By the Associated Press.)—France insists upon the Lexecution of the Versailles treaty in drawing the frontier lines between iGermany and Poland in Upper Silesia, Premier Briand declared last night ‘upon receiving newspaper correspondents. Al) ae . | He stated further last night that he maintained the position outlined iby himself last Sunday when answering the address of Prime Minister Lloyd George before the House of Commons on Friday he declared that invasion of Silesia by German troops would not be tolerated by France. ‘ M. Briand said he did not see the desirability of meeting Lloyd George \before all the documents relating to the Silesian plébescite had been re- |cieved from the inter-allied comiission at Oppeln. POLES WITHDRAWING : ' London, May 19.—Information received in official circles states that ithe Polish counsel general at Buthan has informed the inter-allied commis- ‘sion that Adelbert Korfanty, leader of the Polish insurrection, has issued a | proclamation to the-people of Upper Silesia to surrender their arms, resume work and avoid military contact with the Germans. \ He declares also that 10,000 men have been demoblized. | : THINKS ACTION HASTY | i London, May 19.—The London Times says editorially that it’would have Mr. Lloyd George waited, the end of the debate in re reiterating in public his views on Silesia. {been more judicious had jthe French chamber befo THEATER LAW iPetitions Placed in. Circulation ! Asking Ban Be Lifted Petitions for the initiation of an act repealing the law prohibiting Sun- day exhibitions in theaters have been placed in circulation. The proposed initiated measure | would simply repeal “section 9231 of | the compiled laws of ‘North Dakota | for the year 1913, theaters keeping | open on Sunday.” The petition states that the secre- | tary of state is requested to submit | the initiated measure to the electors | committee, George V. Halliday, chair- man; Joe Maitland, Fred Meyers and FE, A. Anderson, ‘SEE, HARDING. ON