The Bismarck Tribune Newspaper, June 14, 1921, Page 1

The Weather Generally Fair y FORTIETH YEAR - LEACH ARCLIGHTSNOT FURNISHED CITY IS CHARGE MADE City Commissioners Make Com- plaint ‘Against Electric ‘Light Service MATTER TO BE PROBED Anti-Sand Pit, Ordinance is! Passed by the City Com- mission Declarations that the Hughes Elec- tric company had bioken its contract with the city by substituting a chea) street light while collecting pay for aj} costly arc light were made in the city commission last night. ‘ The matter was taken up after the city auditor was instructed to get a rebate of $443.83; from the city audi-| tor for alleged illegal charges for elec-| tic light for the city hall. | The question of arc lights was left} open for investigation. Commission- er Thompson declared there was not | an arc light in the. city, while the city was paying for: then: at the rate of $86 aryear. igs i (1 sie OK, Commissioner Henzier declared that | in checking over the bills he had found | that the 68 arc lights at street inter- |. sections, for which the city paid a cou" tract price, cost more than all other | city lights together, including the! ‘White Way system of over 200 lights. | He said that the Hughes Electric com- | pany had removed the arc lights years | ago and substituted 400 candle-power , lamps. A dozen of these would not; burn the current of-one arc light, inj his opinion, he said. | Whether the city’s investigation will | extend over a period’of years and seek a rebate covering the entire period | for which the company is alleged to; have substituted cheap lights in vio-; lation of contract is a matter for fu- ture action. Rehate Ordered. The rebate of $443.33 which the city asked was because’ ef charges for lights at the ‘city hall for a period of months, the franchise providing that; the city hall lights shoyld:be furnished the city free of-cha! teint E.B. Cox, attorney for the company, sald that the railroad commission haa ordered charges made for the city hall lights on the theory that to ea- empt the city from such a payment was to throw a greater burden of cost of the city government on one class of citizens, those who use electricity, The supreme court had since held, in a Jamestown case, that a provision for free lights for a city in a fran- chise constituted a consideration for the franchise. He said' that the com- pany was glad to make the rebate. The new rates provided by the rail-| Toad commission in the city, making substantial decreases in electric light and power rates, were accepted by the company and decreases will be made on June bills, he sald. Regarding the arc lights, when the subject was brought up, Mr. Cox said that he would take the matter up with the management. eo Anti-Sand Pit Law. “An ordinance “declaring the ing up or excavation and removal n- of gravel id fre gravel.or.sand pits wi Mid the city 1imfts of the city of Bi rck, N. D., a public:nutsance, and providing for the abatement and removal of gravel and sand pits, or the safeguarding thereof, for the pro- tection of the public, and providing |’ penalty for the violation thereof” Was given final ‘passage, Commissioner French dissenting, : e ordinance provides that no one shall exeavate or dig pits for the re- moval of sand or gravel. within the city Hmits. It also provides that with- in six months after the passage of the ordinance, owners of such pits now ‘in operation shall abate or safeguard the same by either filling in such pit with earth to within a height of three feet of the surrounding sides or walls there of, or by building and constructing and surrounding saiq pit with a tight Bix-foot board fence. £ The penatty is a fhe up to $50 or 30 days imprisonment, or both. The ordinance is effective immediately aft- er publication. Costs City Thousands. Commissioners declared that it would cost the city. thousands of dol- lars to repair streets damaged by be- ing dug into for the removal of sand or_gravel. ; f ordinance declaring vaults or cé¥spools a nuisance if upon any let abutting upon any street containing 2 public sewer and ordering removal of them and connecting with sewers was pagsed. ), .. It.was stated that Burleigh ‘county had refused to pay the city of Bis- marck the sum of $1,348.80, paid to the county for mothers’ pensions, and that the city was entitled to the re- turn of this money because the su- Preme court had held that counties must bear the entire expense of moth- ers’ pensions. The city attornéy was orde! to proceed to collect the money, . Report on Water and Milk. The city bacteriologist submitted a report on water and milk for the last two months as follows: “City water— month of April and May—Samples of the city water collected from the lab- oratory tap during April gave a bac- terial count ranging from 5 to 40 bacteria per c. c. B. Coli was present in the water during the first two days (Continued on page 5.) THE BIS TRIPLE CONFESSION OF WOMEN __ STIRS MURDER CASE INTEREST Mrs. Dan Kaber BIACKRISTIS —rereice nang ter, ‘Mother and Grandmother ‘HURTING WHEAT |i = Cleveland, June 14.—The triple ‘ac- cugation of three generations—daugh- ter, mother “and grandmother—may ! complete the solution’ of the greatest ; American murder mystery of a decade, the killing of the wealthy publisher, ; Dan Kaber. cadhee |: The elements in thig mystery and its Sioux City, Iowa, June 14.—Black! probable solution include: rust infestation is reported spreadng) Money madness, rapidly in this section, according to} Wild infatuation. advices received by the city grain ex-| The “black art.” change. Nebraska is reported infect-) Psychic Influence, ed with the rust. | Slow poisoning, Reports conceding spread of the! Hired assassins, rust are said to have been received) Brutal slaying. from various stations in South Dakota; Spread of the rust is attributed by! nq lather relentless search for Sioux City grain dealers to the wet,' le layer. hot weather. A mother’s greater love for son than daughter. ; -AUTOSTANDING. INREAR HOTEL | sagsins.and’ some of the minor acces- Fred Peterson’s Car .is Taken| sories to the plot. 5 Mrs. Catherine Eva Kaber, 50, widow From Rear of Grand Pacific Hotel Reports From Sections of Ne- braska and South Dakota Say it is Spreading of ,the slain man, hag cOnfessed to planning the -circumstances that led to, his death. Mrs. Mary Brickel, 69, her mother, has confessed to having knowledge o! some of those plans before the mur- der, ©" Siss Marian McArdle, 20, daughter of Mrs. Kaber Wy'a previous marriage, has confessed knowledge of the plans and to aiding in covering up evidence that would lead to a solution of the ‘TED MAY START ON BRINTON TRIAL -~ JUNE 23 HERE Casé is Ten’ ly Set For Trial in District Court on Agreement LESEUER IN THE CASE! Setting of Trial Temporarily Delayed by Demurrer Filed by LeSeuer The trial of J, .W. Brinton, charged with perjury, was tentatively set for Thursday, Ju@® = 23,- in district colrt today, -after Arthur Le- } Sueur, counsel for Brinton, filed a de-| murrer to the information. | LeSueur held that the lengthy in-; formation filed by representatives of; the Attomney-General's office was: faulty in many respects. J. J. Weeks, of Bottineau, appearing for the At- torneyGeneral’s : office, asked \that! time be given for citing authorities, on the points involved. Governor Lynn J. Frazier is among! the witnesses who will be put on the stand in the perjury case against Brinton. The list of witnesses for the state was ‘filed by Assistant-Attorney General W. A. Anderson with a new tnformiaton agaidst Brinton in district) court. Townley In List A, C. Townley, ‘also is listed as a witness for the state. Other witnesses the state will call include H. A.,Pad- dock, secretary of the Industrial Com- mission; M. W. Thatcher, of the Equit- | able Audit company, St. Paul; O. E. Lofthus, state bank examiner; Thomas} Hall, secgstary of state; J. N, Hagan,| commissioner of. agriculture and. la- bor; P. J. Sherman, formerly of the Scandinavian-American bank of Fargo and iH, J. ‘Hagen, former president of the institution, now closed; F. B. Wood, one of! the three members of} tHe executive: committee of the Na- tional ‘Nonpartisan league; J. J, Hast- ings, formerly. active in league circles and promoter. of so-called: league banks; and;C. C. Wattam, official re- porter of the house of representatives audit committee, Brint ie teeter lawyers ie on en, Me lay John+¥. ‘Sullivan, o| Sade who was attorney: for ‘the house investigating, committee last winter, and Arthur Le- Sueur, of St. Paul, formerly active in league affairs. Assistant Attorney-General Foster moved to dismiss a case charging Mr Brinton with criminal libel, which was started by former Attorney-General William Langer and on which Brinton was bound to the district court. Judge in writing and the motion would be considered. Langer brought the charge against Brinton because of charges made in articles against Townley and William Lemke. Attorney-General Lemke had denounced the action as “horse play.” Denies Trust Connection LeSueur, who made proposals for a reorganization of the Nonpartisan) league and the North Dakota program, last, winter, refused to discuss poll- tics in pew of the approach of the Brinton ‘trial. He denied that he had been engaged as attorney by the “Steel Trust” as reported in some Nonpar- tisan league papers, which in the last week apparently sought to discredit him. : He sald that he and his client, Brinton, were ready for the trial and that they were ready to go to trial on the Hbel charge which the Attorney General sought to dismiss. ALLAN V. HAIG MASONIC HEAD RECEIVES GIFT ; Mander of the American Legion at a TUESDAY, JUNE-14, 1921 CK TRIBUNE VETERAN WHO WAS WOUNDED HEADS LEGION Major John Emery of Michigan! Elected .to Succeed Col. Galbraith FILLS SPEAKING DAT New Commander Saw Most of Active Fighting of Amer- ican Forces Indianapolis, Ind, June 14—John Emery, of Grand Rapids, Mich. was unanimously elected national com- meeting of the national executive com- mittee today. ‘He succeeded Col: Frede- rick W. Galbraith, Jr., who was killed in.an automobile accident here last; Thursday. Thomas J, Bannigan, of Hartfotd City, Conn. was elected vice-com-| mander, succeeding Mr. Emery in that position. The other candidate) for the place was William Settliffs, of Chicago. (Following his election Commander, Emery announced he would fill the sneaking dates, arranged. by the late} Mr. Galbraith, so fer ag. possible, SAW ‘MUCH FIGHTING Grand Rapids, (Mich., June 14.—Maj. John Garfield .Emery, named com- mander of the. American Legion to ‘succeed Col. Frederick W. Galbraith, Jv., saw most of the fighting that the American troops participated in dur- ing the World War.’ Major Emery en- tered the second officers’ training camp at Fort Sheridan, Aug. 27, 1917. He was commissioned a captain of in- fantfy and sent. to France. with his first group of Americans and later commissioned a major of infantry, On Oct. 9, 1918, during the Meuse- Argonne drive Major Emery was) womnied in the left arm, and invalided ome. ' ARRESTS MADE IN $350,000 ~~ MATL ROBBERY 1 Chicago Authorities Hold “Big Tim” Murphy, Prominent Labor Leader ‘Chicago,, June 14.—Timothy (Big Nuessle informed the assistant attor)| Tim) Murphy, prominent labor leader| April represented a return of two per ney-general he Shoal give his reason3|‘here and formerly of the state legis-| cent, in the southern 3.41 per cent, lature, made an alleged confession ac- cording to postal authorities that he was implicated in the $350,000 mail robbery at the Dearborn street rail- road station several months ago. ‘Murphy's arrest and alleged confes: sion followed a rald last night on the home of his father-in-law, ° William Diggs, when $93,000 in Liberty Bonds’ and $14,300 in cash was found by, postal authorities in a trunk. Vincennes Cosmano, (Murphy's lieu-| tenant in labor circles is also being de-| tained by the authorities for queston-' ing. Both’ men Were detained several! months ‘year ‘ako awaiting trial of Mossy Enright; king of the gun men,” but were released when the state's) principal witness disappeared. STOCK BARN BURNS Jamestown, N. D., June 14,—Fire early Sunday morning destroyed the! H.R. Little barn on the Red Trail, 11 miles west of Jamestown, one of the! largest. barns in this part of North Dakota. A fine registered Holstein Br FLAG TRIBUTE WILL BE PAID THIS EVENING —_—____________- Flag Day will be observed this evening in the city by public ex- ercises on the courthouse lawn at 7:15 o'clock. The Elks flag day program follows: : Band selections. Talk by Exalted Ruler P. R. Fields. Invocation by Father Slag. Song by audience—“America.” Reading by Miss Campbell. Address by Judge A. M. Chris- tianson. ne “Star Spangled Bann The Flag Day tribute nual exercise of the Elk: lic observance is called for in na- tional and state proclamations. The public is invited to attend the exorcises this evening. RAIL EARNINGS FALL SHORT OF LEGAL AMOUNTS Were $51,286,000 Below Amount Contemplated in Transpor- tation Act EXPENSES ARE REDUCED) Washington, June 14 —Railroads of the country earned $29,201,000 in April, or $1,494,000 less than in March, ac- cording to reports transmitted to the Interstate Commerce Commission by the carriers and made public by the association of railway executives. The earnings for April represented a return gn. the valuation tentatively fixed by the commission for rate mak- ing purposes of 2.18 per cent against 2.30 per cent for March and were $51,-| 286,000 short of the amount contem- plated by the transportation act, th® statement of the railway executives sald. Te. \ Operating expenses for April were 86.74 per cent of the amount of the revenues’ against 87.19 for. March, sbowing, the statement said, that while expenses were reduced \ during the month, revenues also fell off. Dur- ing the light months since the federal gnaranty-, period : expired the. roads. have earned $279,003,000, it was stated, which would be an annual rate of re- turn of 2.41 per cent on the tentative valuation of the roads, or $414,253,000 less than the amount contemplated to be earned from the rates established by the commission. Return 2 Per Cent. | Earnings in the eastern district for and in the western 2.01 per cent. Operating revenues in the eastern dis- trict totaled $196,768,000, or an in- crease over April, 1920, of 15.5 per cent, while operating expenses were $170,785,000, or a decrease of 6.8 per cent from those of April, 1920. The net operating income for the eastern district was $15,126000 as compared with a deficit of $24057,000 as com- pared with April last year. In the western district the operating revenues were $164,252,000 an increase of 1.6 per cent oveg April, 1920, and IN MINNEAPOLIS ‘ VAN LEAR LOSES. ‘IN OMY FIGHT BY OVER 10,000 Col. Leach Elected Mayor In Bitter Fight SPLIT ON ALDERMEN Socialists Win Two Places On City Governing Body LEADING BY 12,138, Minneapolis, June 14.—Leach lead- ing Van Lear by 12,133 votes with nine precincts out of 273 missing. Minneapolis, June 14. — Col. Geo. E. Leach, unofficial Re- publican candidate for Mayor, was leading Thomas Van Lear, former socialist mayor, by 10,- 544 votes in unofficial returns compiled at 10 a. m. from yes- terday’s city election. The vote: ‘Leach, 69,792; Van Lear, 59,258. Thirteen of the missing precincts are reported in Leach strongholds, ac- cording to Leach adherents, who claim the majority of ‘their candidate will increase with later returns. Early indications were that two more Socialist candidates would be given seats in the city council, which now has several socialist aldermen in f total of 26 seats. : The campaign was -probably the most bitter in the recent history of the city. Van Lear had a majority over Leach in the unofficial Republican pri- mary several -weks ago, but there were several candidates ‘which split the vote, and Leach’s supporters claimed that a division of votes cast for can- didates sympathetic to Van Lear and those sympathetic to Leach would show a majority of about 10,000 for Leach. Bitterly Fought. The campaign was fought on 2 straight hasis of Socialism, and the present form of government, so far as Leach was concerned. Van Lear's war record was attacked, and it wa3 charged that he, while twice mayor of Minneapolis, had permitted utility raises. without taking a hand to pre- vent them. Van Lear charged big bue- iness interests supported Leach. He served as brigadier-general in the United States army and his sup- porters said he had a good military record. The campaign ‘continued to the time voting began, and it was heavy and earlier than usual, an in- dication of the intense intérest. Van Lear continued his speaking campaign until Monday, while Leach discon- tinued his Saturday night. » Van Lear had the support of Non- partisan league adherents in Minne- apolis and the North Dakota situation was frequently injected into the cam- paign, the Leach forces alleging that A. C. Townley was seeking control of Minneapolis in a renewed attempt to gain contro} of the state of Minnesots. FARGO WOMEN operating expenses were $142,548,000. a decrease of 6.6 per cent from ex- penses in April last year. The net operating incomé was $10,513,000 in the western district of April as com- pared with a deficit of $2,809,000 the same month a year ago. mues Increase. Railroads of the soathern district reported operating revenues Of $72,- 161,000 for April, an increase of 2.7 WANT MATRON TO AID GIRLS Fargo, June 14.—Condemning con- ditions which, they say, made possible the murder of, Miss Marie Wick, bull, valued at $1,500, 22, calves, an| Over those of the same month a year! Grygig Minn., in a. hotel last Tues: automobile, two silos, how house and| #80, while operating expenses amount-| gay the League of Women Voters of = other articles were lost’. There had|ed to $62,419,000, or a decrease of 2.8) Fargo has passed a resolution asking Devils Lake, June 14—Allan V.| been a dance in the barn lasting un-| per cent from the expenses @ year! 4 matron for the Great Northern rall- Haig, Grand Master of the Grand| Jil nearly 3 a. m. and the fire was dis-| ago. The net operating income in the} way station here and suggesting other The Buick “five-passenger automo- bile of Fred Peterson, of the Grand! Pacific hotel, was stolen last night while the car was standing in the! rear of the hotel, One of the work- ers in the hotel saw a young man get. into the. machine and drive ft away, about 5:30 p. m., but did. not think the car was being stolen. No trace of the stolen machine had been ob- tained today. Several minor accidents and near automobile accidents have marked the fine motoring weather of the last few days. ‘Four young men, driving soith of the city along the river road, nar- rowly escaped going over an embank- ment into the river. They were driv- ing slowly. The road led to the river bank. Their car had started down the embankment before it was stopped. There are said to be two or three roads near the river which lead to the bank. | mystery. 2 Stabbed 21 Times With Stiletto. | Kaber was dragged from bed and stabbed 24 times with a stiletto at i midnight, July 18, 1919. This was in ; his home gn ‘exclusive -Lake avenue. | He was a helpless invalid, having been | fed enough arsenic to have killed three i men. f Silverware was taken from the Ka- her home. Rugs were disarranged. The widow advanced the theory that burglars had killed Kaber. | She established an alibi. Police could not disprove her story. The case, | in so far as the police were concerned, | was closed. | But not so with Moses Kaber, the | little, white-haired father of the vic-, |tim. He wanted vengeance. He dedi- cated the rest of his life to the task j Of bringing the slayers to justice: | He hired private detectives. They A car driven by Edward ‘Bertsch,.17! shadowed every movement of Mrs. years old, was wrecked Sunday night Kaber and others suspected by the old at Broadway and Seventh streets. The} man throughout the middle west and car hit a post but Bertsch escaped) the east. Each night they reported injury. to him and he pieced together the facts AN AMERICAN his case to the police of Lakewood and Lodge of North Dakota, A. F. and A.| covered at 4:30. Total loss is esti-| southern district was $5,562,000, an in-| accommodations and protection « for M., who retires from that office June} mated at nearly $20,000, Partially cov-| crease of 79.5, that for April last year! women travelers. 23, was presented with a handsome, ered by insurance. gold watch Friday night by the Minne- waukon Lodge, No. 21, A. F. and A. M., as a token of appreciation for his ‘workasGrand Master and for the hon- or he has thus brought upon Minne- waukon Lodge. The presentation was made. at the largest: district meeting of Masons ‘ever held in the city, and the presentation address was made by M. H. Graham, Worshipful Master of Minnewaukon Lodge. Mr. Haig is the firstDevils Lake Mason in 20 years] Paris, June 14.—(By the Associated to serve as Grand Master of the state! press.) Russia's rapid reconstruction Hodge, which he has been 2 source of under Lenine’s new policy of co-oper- 1 Masons. Livi pe ai ze ation with the capitalists is assured by minister of commerce and trade, in a 0. AD BILLS signed interview given the London cor- ON Ri respondent of the Petit Parisene today. hiehee Krassis said the hunger of the cap- The state highway commilesion italists for Russia's natural riches meeting “here, decided ad join ord would assure their aid, and the abso- North ‘Dakota Goods ds associa’! tite need of directing ability by the RUSSIA WITH tion in urging ‘North Dakota represen- tatives to seek to have the Townsend and Dowell bills, now pending in ‘Con- gress, which would deprice North Da- kota of federal aid, defeated, The ‘dills provide that-roads for which federal aid is given shall be built by the’state and federal government, that no federal aid shall be given un- less that state matches the federal|S In ‘North Dakota the and| Sweden, societs would guarantee the protec- tion of foreign interests. The societ minister asserted that foreign purchase contracts placed by Russia amounted to 5,000,000 pounds in Great Britain, 50,000,000 crowns in 3,000,000,000 marks in Ger- many and $10,000,000 in the United tates. “But our gold reserves have a limit,” having amounted to only $3,099,000. RAPID RECONSTRUCTION OF | CAPITALIST COOPERATION IS PREDICTED obtained by Washington, B. Vanderlip of California, was dependent upon the deposit of a forfeit, which has not yet been received. “Soon a great international con- sortum will be formed to exploit our riches,” Krassin went on, “and its activities will enable the soviets to conquer their present terrible difficul- ties by restoring content in the col- leges. The capitalists are assured of the societs’ good faith, hecause the The Fargo Trades and Labor As- sembly is taking steps. toward provid- ing additional rewards to the $1,000 already offered for the apprehension of the murderer. BANKER SENT 10 STATE PEN George D. Richards, formerly cash fer of the (First State bank at Crystal Springs, was to begin a year's sen- tence in the state penitentiary today on a charge of falsifying accounts in the bank. He pleaded guilty to the charges against him before Judge W. L. Nuessle, in district court. Richards was alleged to have taken several thousand dollars from the bank by making false,entries on cer- soclets never have wronged these ytifcates of deposit and keeping the working under agreements with them, balance which he used in land and and if the soviets are overthrown, their} other speculations. successors certainly will be less rad!- cal and will protect the capitalists. But principally, because the soviets need the capitalists they would not in- terfere or confiscate, because what they want is not machines, but the men who can make them go.” The societ minister said he had no RUTH BATS OUT HIS 22nd HOMER ee ‘New York, June 14.—Babe Ruth batted out his 22nd home run today in the first inning of the Yankees with doubt of Lenine’s ability to execute his! Detroit, with one man on. It was his ‘| from there today, “Some day, Conscience will break Berlin, June 14.—(By the Associated down their wills.” It was partly Conscience and partly the great love of a mother for a son Press.)—Lewis Snyder, of Boston Mass., was beaten to death by Polish insurgents near Myslowitz, Upper Sile- that rent the veil of mystery. Confesses Crime After Two Years. sia,.May 29, according to Karl Born a Hamburg machnist who arrived After two years Kaber presented yi Cleveland. Mrs. Brickel was griHed. Then she confessed. She said her daughter, Mrs. Kaber, had threatened to fix the blame for the crime upon Charles Brickel, her son, (Contizned on Page Five) 8. pid dca the government appro-! he added, “and as our exports still are priations, and the passage of the two negligible, we must resort to conces: bills in their present form would de-| sions, of which only one, that with prive the state of federal aid until/the Svenska Kugellager Fabrik, has 1924, at least, it is stated by highway] been signed. but others are pending.’ commission members. Krassin asserted thatthe concession new policy, but the success depended | sixth homer in five days, somewhat on the crops. He declared the soviets had the advantage in ow- ing nothing abroad. GETS 33RD HOMER. New York June 14—Ruth got his “As to the internal debt, it will liqui-| twenty-third homer iu the third with date itself, Krassin said. one on.