The Bismarck Tribune Newspaper, June 4, 1921, Page 1

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neo : = ~ eareer, ds FLOODS D ‘ ‘ islature. i The Weather Generally Fair FORTIETH YEAR STATE CANNOT. PAY FOR PROBE COURT RULES Three to Two Decisiqn of Su-| preme Court in Question on Legislative Probe =| TWO JUDGES DISSENT One House Should Not Have. Power to Tie Hands of | Other, Birdzell Holds | _— | The supreme court has handed} down a decision holding that there} was neither legislative appropria- tion nor authority to warrant the appropriation by the house of repre-| sentatives of money to pay the ex- penses of the independent investiga-/ tion of the conduct of state industries | made by that body during the session of the legislature last winter. The decision was made in the case} started by C. C. Wattam in behalf of, girl stenographers employed by the| house audit committee, against the} state auditor to compel him to pay the; bill which had been rendered and ap- | Proved by the house of representatives. | “A legislative enactment, expressing | the legislative power of the legislative; assembly, pursuant to express consti-! tutional provision, concerning the em- ployees of each house and its expenses is paramount to the independent ac- tion of each house, without the con- currence of the other,” s:¢i Judge Bronson, who wrote the leading opin ion. Justices Birdzell and. Christian- son"dissented. . | Must Be Authority. | “Pursuant to constitutional require- | ments,” continued Judge Broason | “there must exist a legislative appro- priation to warrant disbursement by the state auditor in payment of the expenses of each hot “A legislative enactment may pre-! scribe the circumstances under whieh a legislative appropriation may be dis- bursed.” 3 Can Investigate. « Judge. Bronson, in his opinion, docs; not question the authority of the, house; to appoint the investigating commit-| tee, and statea,the petitioners’ showed “that’ the investigat! fittee-was | appointed, hired employes, made a re- Port to the house and it was accepted, but holds than an appropriation to pay | ° the expenses of the employes cam only be made by both branches of the leg- Judge’ Robinson signed the Bronson | opinion and Judge Grace in a short; statement said that he concurred in! the result at which the main opinion has arrived. ! Sees Hands Tied. ' “I am aware of nothing in our legik-; lative history that furnishes a basis | for such a conclusion as a practical conclusion as a ‘practical construction | of the legislation touching this sub-| ject matter, and it certainly makes; one house dependent upon the other | to an extent heretofore uncontem | plated,” said Justice Birdzell, dissen‘-; ing. “All the legislation clearly indi-! cates that each house is to act inde-; pendently in the performance of its legislative functions but under the| construction of the majority opinion! in this case each can tie the hands of the other at will. The purse strings; are admittedly in the hands of the leg-! islature, and both houses combined through appropriation bills, may ex ercise a wholesome restraint upon the powers of each house to incur ex-! penses. But where the appropriation | is thade and either house has proceed-| ed in good faith, as must be assumed, | to exercise the powers conferred upon! fit and hag incurred expenses within the appropriation in #0 doing, in my} opinion it is more consonant with the dignity of the state to meet its just obligations than to seek to justify a refusal by a restricted construction of legislative cnactments never before given such an application. Should Pay Bills. | “In my opinion the compensation of; the relators in the instant case should be paid as an item of expense ‘author- ized-by the legislative assembly’ with- in section 42 C. L. 1913, for meeting which there is an existing appropria- tion. But the case of the relators is even stronger than this. They are legislative employes. It must stand aamitted, as previously pointed out, that one house does not need the as-/ sent of the other for the hiring of ad- ditional employes. This-is according to the express language of the stat-) ute. The only reason assigned by the/ majority for not directing payment to these employes in that they were as- signed to duty with an investigating committee which functioned without the assent of the senate. It is re- spectively submitted that the relators do not lose the character of legislative employes by reason of being assigned to work with an investigating commit- tee. Clearly the writ should issue.” Judge Christianson signed the Bird- zell opinion. The total expenses of the house audit committee amounted to $14,- 893.75, of which about! $2,000 was for stenographic hire, the subject of the law suit. Other amounts were for Francis Murphy and John F. Sullivan, attorneys, E. O. McCutcheon, investi- gator, and Staale Hendrickson, mar- shal. The activities of the committee, to- gether with that of the senate com- mittee, aroused legislative members to fever heat during the session. - FOREIGN WARS — ARCTIC NURSE © Miss Alice D. Johnson, socity girl} of Wilmington, Dl., has earned enouga money to pay her way to Harrington, | Labrador. There she will join the fa- mous medical mission of Dr. Wilfred} T. Grenfell ag 2 nurse's aid. HUNDREDS PAY FINAL TRIBUTE TO MRS. KUPITZ Last Rites Are Held at St. Mary’s Pro-Cathedral This Morning Last’ rites { * th ate Mrs.-Charley! President of the Senior class, then pre-| re se = tate ae ,,| ented him on behalf of 350 students} Kupitz were solemnized at St. Mary's: with a solid silver tea service in ap-! raing at 10! preciation of his services to the: Pro-Cathedral this mm: o'clock. The church was filled with) friends of the departed and of her! family. -The impressive requiem mass) was celebrated by Father M. Hiltner,! assisted by Father Slagg and Father! Clemens. Father Clemens, parish priest at Mandan, who {s an old friend of the Kupitz family, made a brief} and beautiful funeral address, rich in| appreciation of. the departed and in! comfort for the bereaved. In closing./ the speaker quoted agpoem: strikingly | appropriate to the occaston and the little token was laid on the casket at the close of the address. | The sisters choir, assisted by the children, chanted the stately Gregori-| an mags.’ The floral offerings banked before. the.chancel were beautiful tok- ens of the esteem in which the deceas- ed is held in Bismarck and. the sur-| rounding country. Out of town relatives here for the funeral were Mrs. Hugh McLaughlin; and family from Golden Valley, Mr.; and Mrs. William McDonald of Man-; dan, and the daughter of the deceased, | Mrs. J. Anderson of Woodworth, who has been at-her mother’s bedside all through her last illness. Mr. Ander- son arrived from Woodworth for the| burial service. Burial was at St. Mary's cemetery. VETERANS ARE 10 ORGANIZE Local Branch of- National Or-: ganization is Being Formed | | | A local branch of the Veterans of | Foreign Wars will be formed in Bis- marck. At a meeting’ of local veterans with | Capt. Robert E. Woodside, nation®l | pommander of the organization, it was | decided to hold the charter open for thirty days and invite all veterans who are eligible to participate. Capt. Woodside spoke to the veter- ans, outlining the qualifications for membership and the purpose of tne organization. Only those who have served the United States in war on for- eign soil are eligible for membership. The organization, which hag grown steadily for many years, has for its object gienig veterans of foreign wars a chance to unite in common effort and especially. at this time of giving vet- erans of other wars a chance to unite with those who served in France ia the late war. The organization does not operate in competition with any other organization, but in co-opera- tion with all. E. G. Wanner was named temporary commander, Joe Kelly adjutant, and A. H. Brooks quartermaster, and local veterans interested may secure infor- mation from any of them. SRLFRIDGE MEX ARE SET FREE A verdict of not guilty was rendered in the case of five men in the Selfridge riot case, heard in Mandan, in which the men were alleged to have treated Howard Smith to a tar and feather party. REGULAR MEETING, There will be the regular meeting of Lodge No. 5, A. F. and A. M. Mon- day evening at 8 o'clock. a HE BIS DIS, BISMARCK, NORTH DAKOTA, SATURDAY, JUNE 4, 1921 ASTROUS IN COLO FULL WEEK IS "AHEAD FOR 87 "HLS GRADUATES {Commencement Week of High | School Opens with Baccalau- | reate Tomorrow i | ! PROF. BOLT IS HONORED, | | | High School Students Present; | Principal with Solid Silver { Tea Service i | a [ COMMENCEMENT WEEK | |, Sunday, 8 p, m—Baccalaure- - | ate sermon, city auditorium. |Tuesday, 8:15 .p. m.—Class night. | Wednesday evening—Pageant at Capito! Grounds. Thursday, 8 p. m—Commence- ment exercises. Friday night—Alumni banquet, | McKenzie roof garden. The 57 graduates of the Bismarck high school class of 1921 enter into | Commencement/Week tomorrow. Rev. | G. H, Quigley, pastor of the McCabe Methodist Episcopal church will de- liver the iBaccalaureate sermon to the | class, the largest in the history of the| | high school, at-the Auditorium Sun- ' day night. ‘Numerous social affairs and exer- cises in addition to the main events of the week mark the culmination of | four years study in the Bismarck high | school of the graduates. One of the! | most touching events of the closing ; of school occurred yesterday after-! noon when Principal C, F, Bolt, of the; , high school, was asked to appear be-| fore the students. Warren. Taylor, | | school. Mr. Bolt was much affected by the surprise gift. Program for Services The program for the Baccalaureate services Sunday night is as follows: Hymn—“America” .. ‘ 8. S. Boise, Leader Invocation ...... Rev. G. B. Newcomb “When Twilight Weaves Her Gentle Beethoven Girls’ Glee Club Scripture :Ri ‘ Meri. ite »Bismarck Male Quartet vse...-Rev. G. H, Quigley ‘tar Spangled Banner”.... wees .. Congregation 8. 8. Leader Benediction........Capt. V. T. Huffman Alumni of the high school are mak- ing plans for an exceptionally large reunion next Friday night. It is ex- pected that many graduates of the High school now living in other cities will come back for the event. The exact time of the pageant, which will be; given on the Capitol grounds next Wednesday evening will be announced later, The pageant given last year was witnessed by hundreds of local people. Names of Graduates iThe names of the 57 graduates of the high school follow: Irene Catherinne Algeo Clara Blackmun Anderson Mary Hallett. Atkinson Philip H. Boise Sara Finley Boyd, Charles G. Burke | Clara C; Christ Robert A. Cohen Jerome J. Conway Ruth A. Cordner Marjorie Theodora Crommett Marietta Cecilia Doppler H. Richard Elliston Stella K. Finwall , Lloyd Franklin Flow Liddy Alfrieda Fricke Robert Lynn George Barbara Rose Goldader; Alice Mae Goldsmith = Grace Mae Graves Irene E. Griffin Carol Elvira Hagen LaVerne Margaret Hollensworth Dorothy Huber Louise L. Huber Gordon Duane Hulett Florence Rose Jager Adeline Myrtle Johnson Bernie J. Katz Meta H, Krueger Marie K. Lenihan John G. Lobach Norma Katherine Long Carl G. Lovin Hlsie CorDelia Lundquist Nora Isabelle McGettigan Adeline E. McLean Marguerite M. Mickelson Genevieve Parsons Irene Pilmoor Ruth Ellsworth Pollard Alfred W. Prater Esther Anita Reichert Russell Reid Adolph J. Rigler Edith G. Rupp Edna Bertha Rupp Ellen M. Sauer Mary Elizabeth Slattery Margaret Louise Smith William Warren Taylor Marvin Byron Thorstenson H. Lyle Tong Dorothy J. Vetter Helen M. Wachal Bruce V. Wallace Bessie Lucille Wilson An_ unusually interesting program is belng prepared for the class night exercises. pein Skil Elks’ Initiation. Twelve candidates braved the rocky road to Elkdom last night in the pres: ence and with the assistance of a large number of members of the lodge and visitors from several nearly cities. A midnight luncheon was served. .. Congregation! | | do you want a more simple FIND IT LEGAL TO STOP SPEECH |, OF SOCIALISTS New, York, June 4—The, appellate division of the supreme court decided today. in Brooklyn that the city of Mount Vernon was within its rights/ when it refused to ‘allow socialists to! hold a street meeting on Oct. 2, 1920. BOARD 70 MEET BY-SERVIGEMEN OP WESTERN CS, Representatives of Vocational, Board Will Visit Bismarck i on June 21 | i TRAINING IS OFFERED Five representatives will arrive in} | Bismarck on June 21 at 10 a. m. and| the suburbs of Washington. So Capi- will remain until June 22. at 5:30) p, m., and will welcome applications, from all disabled ex-service men in Dunn, Hettinger, Mercer, McLean, Oli-| ver, Morton, Grant, Sioux, Burleigh, Logan and (Melitush counties. The} Board announcement says: “The Federal ‘Board for Vocational) Education, in order to offer training) to all disabled ex-service men in the} State of North Pakota, is sending a, squad of five n into your State for the purpose 9f'collecting necessary evidence, making physical examina- tions, rating eligibilty, and to place men in training while in the state when the necessary evidence can be secured; “We have prepared and are submit- ting, herewith, a list of the names of! men whose cases have already been passed upon and who have been found ; to be eligible for training. The Board has made numerous efforts to get these men placed in training but has not been able to do so for various; {reasons among which are, the man’s! { desire to postpone training, the man’s! disinterest in training, and inability | to locate them.” | The list follows: Dan Panko, Wade; John B, Weid- ner, Golden Valley; Carl V. Winters, | Garrison; Richard S. Holbrook, Hanks; | i Daniel Huber, Glen Ullin; Arthur | Johnson, ‘Hazen; Louis P. Kanell, Ma dan; Wm, Kolbus, Raub; Frank Last, Ashley; d Miller, Fredonia; Nels -Miller, Raleigh; Hazen; Gottlief Sayler, Glen Ullin; Edward Baker, Wilton; Clyde E. Bing- enheimer, Timmer; Buckley Alvin, Moffat; ‘Herbert Cordley, Pretty Rock; | Anthony H. Erickson, Wilton; Nick Gtanas, Braddock; Matt ‘Humsari, |Gackle; Edward T. Lewis, ‘Werner; Martin Ryphema,'Raub; John B. Weis- ner, Golden Valley; Christian Zacher, Heil; Henry Bader, Linton; Jacob Bender, Ashley; August G. Bertsch, | Ashley; Atbert 1. Burch, Bismarck; { Lawrence W. Chingren, Hazen; ‘Wil- bur R. Coffman, Fleak; Samuel Der- ing, New Leipzig; Emil Karlin, Wer-| ner; ‘Win Koterba, Driscoll; John F. Kottke, Wing; Harry A. Olds, Stanton Application for transportation ta Bismarck to meet the vocational board’ | representatives may be obtamed from! |the American Legion or by writing! direct to the Federal Board for Voca-- tional Education, Building, Minneapolis, Minn. |DEFICIT BILL IS $156,000,000; Washington, June 4.—The deficiency | ! bill carrying $156,000,000 an increase} of $55,000,000 over the total approved | by the house, was passed by the sen) ate. iCONGRESS IN | ADJOURNMENT, | | 1 ——_ | Washington, June 4.—Congress was | not in session today, boti semte and! | house having adjourned yesterday un- til Monday. i Let Us Find the Job for You Are you looking for. work? ‘Are you qualified to hold a position that requires skill or | Minot, Valley \City, Beach, Dickinson, Peter: ‘Nelson, | 600. Keith Plaza! job? Perhaps you're the person some employer wants — and really needs at once. Write your Want-ad and we shat may produce the position that will eventually be worth muuch to you. insert it at a small cost. Bismarck Tribune Phone 32 ene a ne ’ Name Town For Him Congressman Sydney’ E. Mudd of Maryland secured, improvements for; tal Heights, .Md., honored him by} changing its name to Sydney. i i RAR | CRIERS CLUBS TO TALK FAKE AT CONVENTION State Convention of Town Criers! Slated For Mandan on June 21 FOR ADVERT! G TRUTH, “Better Business” will be the key-| note of the state convention of Town} Criers clubs; which will be held in Mandan June 21 and 22. | Expecting delegations from Fargo, CK TRIBUNE == RIVER; MANY L i 1 | 1 i { | Waters Receding Today, Disclos Hl (By Associat | Loss of life this afte At four o’clock this morn Colorado state rangers, received a rescue work. very bad. Rescue work going on. dreds in danger.” of an increase in the death toll restored. The situation early today wa: Pueblo—Inundated and cut o! away. inundated ; floods Bismarck and other cities, Secretary} Thomas Sullivan, of the Mandan Com- | mercial club, is planning a feature! program that will interest Tow. | Criers, known over the state as live i booster ‘organizations of the younger: business executives, { Fake advertising schemes will be| exposed, better advertffing talked and concerted plans to drive advertising fakirs out of the state discussed. Each Town Crier club in the state has a local vigilance committee, the members of which are not known. The duty of the. vigilance committee is to check, fake and worthless advertising schemes. Reports from various cities tell of large amounts of money sdved business men through the operations of these committees, as well as im- proving the effectiveness of legitimate advertising. B. V. Moore, cashier of the Nintn District Federal Reserve Bank of Min- neapolis, formerly a member of the Town Criers club of Fargo and a member of the national vigilance com- mittee of the Associated Advertising Clubs of the World, is expected to ad- dress the convention. The state convention of architects will be meeting in Bismarck at the time of the Town Criers convention, and E. H. Mattingly, in charge of the construction of the municipal auditori- um at Jamestown’ will be one of the speakers on “Auditoriums.” H. G. Fer- guson, of the Craddick service, Min- neapolis, vice president of the,A. A. C. of W. is expected at the conyention. POLE LEADERS CANNOT STOP FOOD RIOTING Hunger Stalks in Wake of March of Polish Insurgents Kjattowitz, Silesia, June 4.—(By the Associated Press.—-Drastic steps have been taken by leaders of the Polish insurgents to prevent plundering. Firing squads, are -busy every morn- ing. In spite of the severe discipline the Poles continue rioting and are re- ported to have robbed food convoys. A young German was captured near; this city yesterday and was beaten to death by the ‘Poles. here is serious, ‘There is no fresh meat and babies are dying ‘because of lack of milk. Because of the insuffi- cient coal supply light is cut off at 8 o’clock at night. The number of Poles has notably increased in the last ten days. Every cross road is occu- pied by them and the insurgents are streaming across the country in large numbers. They are well armed and have plant-| ed machine guns along the road. WEATHER REPORT For twenty-four hours ending at noon June 4. Temperature at 7 A. M. AT Highest yesterday . 65, Lowest yesterday . At Lowest last night . 43 Precipitation ... -None Highest wind velocity . . 16-SE Forecast. For North Dakota: Fair and some- what warmer tonight; Sunday prob- ably increasing cloudiness. The food} situation in the industrial district near| light and power. LANGER AND TOWNLEY. MAY. DEBATE INN. . Former Attorney General Issttes Challenge For Meeting Austin, Minn, June 4—William Langer, former attorney general of} North Dakota, has challenged A. ‘C. Townley, president of: the National Nonpartisan league, to a series .of debates in North Dakota on the league question. Langer charged that Town- ley “had not dared appear” in a de- bate with him in North Dakota before. He urged that debates be arranged for the Aneta fair on June 30, July, land 2. Townley indicated that he would be willing to debate with Langer in North Dakota, although he did not formally accept the Aneta dates. ‘Langer and Townley met in the first of a series in Minnesota here yesterday. The subject debated was “Resolved, that the | Nonpartisan League program in North Dakota, as managed by league Ipaders, has been a detriment to the gtate,” with Lan- ger taking the affirmative side. Argu- ments presented by both sides were similar to those offered in previous debates _in Nebraska and South Da-/ kota. WANTS SEASONAL RATES ON COAL Washington, .Junc 4.—Secretary Hoover is working out voluntary agree- ments between the railroads to catah- lish seasonal rates on coal to relieve congestion and cut prices. BLAKEMORE IS VISITOR HERE Robert B. Blakemore, who was taken seriously ill last winter while in his office of manager of the state Home ‘Builders Association, visited the capital city today, conferring with state officials. Mr. Blakemore believes) he has almost fully recovered his health. He conferred with members of the Industrial Commission yeter- day. LOCAL SHOWERS ARE PREDICTED Washington, June 4.—Weather pre- d ions for the week beginning Mon- day are: Upper Mississippi and Low- er Missouri Valleys: Normal temper- ature, considerable cloudiness and lo- cal showers. SOUTH DAKOTA TENNIS Dell Rapids, S. D., June 5.—The Dell Rapids Tennis Club extends a cordial invitation to all jtennis players of South Dakota and neighboring states, to attend and compete in, the South Dakota championship in men’s singles and doubles and ladies’ singles, to be held on the fine clay courts of the club during the week of July 26. PRICE FIVE RADO —___———— ‘TOWNS INUNDATED BY ARKANSAS OSE LIVES AND ~ DAMAGE REACHES INTO MILLIONS ing Terrible Situation in Many Places—Pueblo Business District ‘Covered by Water and Mud —Train Service Cut Off—Marshall’s Existence is Threatened by Break in Dam of Private Irrigation Project. BULLETIN ted Press.) rnoon variously estimated between 1,500 and 3,000, and property loss $10,000,000. ing the Fountain River had . washed out all bridges, uprooted tracks and made wire { communication impossible. recede, the great damage was disclosed. Denver, Colo., June 4.—Patrick Hamrock, in command of the When the flood began to message from Pueblo this morn- ing urging him to send every man available to Pueblo to assistsin The telegram from the commander said: “Conditions here Send every man you can. Hun- Denver, Col., June 4.— Continued heavy Tains early today extended little encouragement to eastern and central Colorado which yesterday were swept by the worst flood in its history: , Meager reports indicated a loss running into the millions with the heaviest loss at Pueblo where a large part of the business section and several residential districts were inundated. The known loss of life still remained at four with possibilities when wire communication was Situation in 4 Towns S$: ff from wire communication for ‘hours. Private news dispatches place loss about $4,000,000. Marshall—Existence of the town of 200 i itants th ened by a break in the Marshall dan ¥ peared Louisville—Inundated, several houses, other buildings washed a private irrigation project. Lae ere go oak broken and part of town and farms 1 is put out of commission electric power plants f; which Fort Collins, Greely and other Weld pe Toke zee their TERRIBLE HAVOC. Denver, Jane 4.—With the latest re- ports from Pueblo, although’ ne firmed, to the effect that the | aca il ] of, which swept thatwelly ‘pessibly reach sev. of the terrble havoc wrought a. cloudburst throngh the eastern halt of Colarado hegai in to come into Denver today, From all over the stricken are: which embraces all that part of th state lying east of the Rocky Moun- ius come reports of homes washed away, people by the thousands fieein ; to high Jands, thousands of heads of Uke stock drowned and millions of dollars of damage done to crops and roe just fore noon a special repr: reuere of the abeectated Press leit enver by dtirplane in an at i reach Pueblo. : some The damage caused by the flood In Pueblo Is variously estimated but the most authentic figures place it at over $2,000,000 In the rallroad yards alone and at more than $4,000,000 to other property In the city. The railroad yards are a sea of m id slime, arora with wrecked railroad eyuip- nen TOWNS UNDER WATER. Denver, Col., June 4.—Reports to the Associated Press at Denver indi- cate the following conditons at outly- ing towns: At Lafayette—Entire town undor two feet of water, many residences and business buildings ruined; damage:, heavy; communication cut off. At Longmont—Three feet of water in the main streets; communication cut off;' breaking of irrigation ditches principal cause. At Loveland—Two reservoirs south side and the Ryan Gulch broke; the Hillsboro dam five miles east also mroke; ten thousand acres of farm land near Johnston inundated. At Marshall—Big dam still holding but all residents in the Valley ordered to seek places of safety. At Superior—Citizeng fled to safety by means of rowboats. At Frederick—Town under threa feet of water. : REPORT MANY DEAD. Denver, Col., July 4.—First informa- tion that there had been loss of life {n the Pueblo life was received today. One report from railroad sources, said there had been “considerable loss ot life and property” sf A dispatch to the Denver Times said that hundreds of lives have been lost in the Grove district in the poor- er section of the city” ‘This was not confirmed and persons in Denver fa, miliar with the topography of Pueblo were sketpical of it pointing out tha: there are high hills near the Grove district to which the residents could have fied. by ‘eral hur c Denver, June 4.—The known dead in the Pueblo flood last night were: (Edna Gray, 11, and (Margery Gray. 3, drowned while escaping from their home near ‘Pueblo with their parents, Mr, and ‘Mrs. Robert Gray. Mrs. Carl Davis, and child, drowned. in Pawnee Creek northwest of Stcr- ling. Missing: Two children of Mrs. Davis, belicv- ed drowned. The death of the Gray children a: Pueblo occurred when a cloudburst early sent a wall of water several feet high down Dry Creek. Scores of persons escaped from their homes, (Continued on Page 3) “y

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