The Bismarck Tribune Newspaper, August 9, 1921, Page 1

"pump. } FAIR : FORTIETH ‘YEAR PLAN T0 BUILD ROAD'TOBRIDGE YET THIS YEAR Federal Aid Project Would be) Completed by Time Missouri’ River Bridge is Finished ASK LEASE BE MODIFIED State Engineer Appears in Com- mission—Reade Talks Fire ~ Protection A request that the city permit the modification of a lease it holds from the Northern Pacific railroad for a 50-foot strip of railroad right-of-way running in a westerly direction from| the center line of Washington street west, so as to permit the construc- tion of an underpass of the railroad asa part of the proposed federal aid highway to the new Missouri river bridge, was made of the city commis- sion last night. The request was presented by W. H. Robinson, state engineer, and Benton Baker, attorney, on behalf of the state highway commission. It was explained by Mr. Robinson and Mr. Baker that it is desired to complete plans for the building of the road from Washington avenue, pro- jecting Main street so that the high- ‘way can be completed by the time the bridge is finished, which is expect- ed about December 1. The Northern Pacific railroad, it was said, has ex-| pressed willingness to proceed witi; the..construction of the underpass, The:new highway would be a direct continuation of Main street to the point of the underpass, being several feet closer to the railroad than the Present thoroughfare. The commis- sion decided to view the situation this afternoon. The state engineer asked that action be taken as soon as pos- sible so that he could proceed with his plans. Talks Fire Protection, H. L. Reade, former ‘state fire mar- shal, appeared before the commission urging immediate action “for adequate fire protection.” He urged that a careful investigation be made of what other cities have in the way of fire- fighting apparatus, saying that he} thought Bismarck .“is big enough to} inaugurate fire protection that is fire Protection.” He- urged the employ- ment of a fire chief who would be paid to give all his time to the city, whu would initiate some ordinances to sub" mit to the city commission and that the city have a paid or partially paid all-time fire. department. He suggest- ed that .in Minot the fire chief super- vises the collection of garbage in ad- dition to his other duties, using city equipment, and. said he understood Bismarck paid $350 to $400 a month for the collection of garbage. He urg- ed. the purchase of a fire truck that had attached to it a motor-driven Pool Held Safe. E. M. Stanton, city bacteriologist, Teported on tests of the swimming pool water saying “from the data ob- tained so far I would say that the pool.is in good condition and is safe for bathing.” He said that the run- ning in of 9,000 gallons of water daily into the pool,.the amount registered on the meter, probably had great ef- fect in keeping the pool clear. He submitted a copy of a letter he had written, to the state board of health asking a local slaughter house be closed. .Fifteen residents petitioned for a strept, ight at Rosser and Hannifin gtpeets. It was referred to the street commissioner. The following bills were allowed: --$ 10.00 70.55 Rent for poor Bismarck Tribune Co. . French and Welch Hard Co. re 40.63 Mai e. M. H. Atkinson (stamps). . Central Meat. Market (City Hospital) + 13.85 Bismarck Motor Co. - 2.60 St. Alexius Hospital .. 61.50 French and Welch, hospital Wachter Transfer Co.... ‘W..M. Griffis (sidewalks) W. M. Griffis (sidewalks) Joe Katz (sprinkling) Street: labor . Ed. Randel Jack Serres ‘Wm. Ebeling . State Insurance Fund FILES ANSWER IN KIDDER CO. SCHOOL SUIT + 404.40) i/ stolen a few weeks ago. FAMINE THEIR i | | j | | | Trotzky the (above) rulers of Bolshevist . Russia. and Lenin, NO ASSISTANCE 10 SOVIETS Hoover, . While; Helping Indi- viduals, Won’t Recognize Bolshevists By Newspaper Enterprise. Washington, Aug. 9.—There will be! ro change in America’s political and economic relationship with Russia be_. cause of the famine relief, work, to be undertaken there by the committee for child relief, under Herbert. Hoov- er. * Whatever can be done in the way of relief for Russia’s starving millions, especially children, will tbe done} through this unofficial organization Whatever help can be given in the way of medical supplies. and assiséi- ance to stem the spread of cholera, typhus, small-pox and similar dis- cases, will be given through the Red Cross. The maximum of help from the cit- (Continued on page 4.) AUTO STOLEN FROM GARAGE A. J. Arnot’s Oakland Touring Car Taken Here { :Police are making an effort to lo- cate the automobile of A. J. Arnot, stolen from his garage at his home Sunday night. No trace had been ob-} tained this morning, Mr. Arnot said, The thief broke a lock off the gar- age and had obtained a key with which to make it possible to start the automobile. The machine was an Oakland touring car. This is the second car known to have been stolen in the city this summer, No trace has been obtained of the Buick auto of Fred Peterson, ‘BAN ON PRESCRIPTIONS} jand are ready for Secretary Mellon's! ‘Palmer, a ruling which the bill is |ro'l call. 4 Pe TUESDAY, AUGUST 9, 1921 WIN AND BILL ~ PASSES SENATE Some Minor Amendments Are Adopted as Result of Opposi- tion to Measure Importation of Wine for Sacre-| mental Purposes Will Be | Permitted Washington,.Aug. 9.—The Willis- Campbell anti-beer bill was passed by the senate late yesterday, 39 to 20, and sent to conterence with the house | with the prospect of its final enact- ment before the week ends. | Upon being informed of the action, treasury officials said, that the beer regulations which have been drafted ‘signature, would not be issued pend-| ing action by senate and house con- ferees. The regulations would pro- vide for use of medical beer under the} ruling of former Attorney General designed to overcome. Amendments Added | The ban against the prescribing of} beer by physicians and limitations of | prescriptions of wine and whisky con- tained in the bill as passed by the| house were virtually unchanged by} the senate, but a few important amendments were added. These in- cluded a provision to restrict operat-| ing of prohibition enforcement offic-| ers by prohibiting searches, or any attempts at seaching of private pro- perty or premises without search war- rants. A violation of this clause would be a misdemeanor subject to a fine of| $1,000 and one year’s imprisonment. Penalties of five years’ imprisonment and $1,000 fine were provided for per- sons attempting searches while pos- ing as prohibition agents. | The search-aind-seizure amendment! was offered by Senator Stanley, Demo- crat, Kentucky, as a substitute for amendment. by Senator Reed Demo- erat, Missouri, proposing more drastic penalties. It was adopted without a! ‘Fourteen Republicans and six Dem- ocrats voted against passage of the bill. House Bill Modified The drive of the opposition forces against the bill also resulted in the adoption of several minor amendments modifying the house: bill. One would permit importation of wines for sacra- mental purposes when the prohibition officers should determine that the domestic output of such wines was insufficient to meet home demands. Another would bar the prohibition of- ficers from revoking or requiring changes -in formulas of manufactur- ers. making »roducts containing alco- hol unless it should be determined ‘that such manufactures were being used as intoxicating beverages in in- creased volume in communities. An emendme-nt, by Senator Wads- worth, Republican, New York, also adopted, would authorize the prohi- bition commissioner to permit re-im- portation of distilled spirits exported jwith the murder. ‘NORTH DAKOTA GIRL FIGURES ' INMURDER CASE | i i Mrs. Madelynne O. Benchain, Held at Los Angeles, Form- , erly Lived in Fessenden | FIANCE. OF SLAIN MAN; Police Hunt For Shot-gun With’ Which Young Insurance | Broker was Killed Mrs. Madelynne Obenchain, held in Los Angeles, in connection with the déath of John»B. Kennedy, young in- surance broker, who was shot in a fashionable suburb of Los Angeles! while entering his house late at night,| is a former North Dakota girl. She} was with Kennedy at the time of the} murder, according to dispatches. | Mrs. Oberchain formerly was Ma- delynne Connor, daughter of John Connor, of Fessenden, who for several years operated a hotel there and was} also mayor of.the town, it is said. She/ attended the grades and high schooi! at Fessenden and was a student in St./ John’s academy at Jamestown from Sept., 1906 to June, 1907. Mrs. Oben-; chain was in Fessenden about four years ago after her father died, it is said. She sold his interest in the hotel business, Mrs. Obenchain went to the Backus school in St. Paul and later to North-i western university after leaving the | Jamestown school. She was ‘declared | the “prettiest girl on the campus” at} Northwestern in a contest. She mar-! ried a well-known attorney in Chica- go from whom she was divorced. She was said to have been engaged to mar- ry Kennedy. H HUNT FOR GUN Los Angeles, Calif, Aug. 9— Search for the ‘shot-gun with which! John B, Kennedy was killed in Bev- erly. Glen Friday: night was pressed vigorously. today by county authorities as the most important link still miss- ing in the.ehain of evidence which has been so far discovered in connection No plans for. the inquest over.the body of Kennedy have been announced while the search for the gun is bing pushed among pawn- shops and stores. here and along the railroad right-or-way to Las Vegas, Nevada, where © Arthur Courtney Burch was arrested’ and brought back here for questioning. Both Burch and Mrs., Madelynne Obenchain, whe was with Kennedy the night he was slain have refused to answer any fur- ther questions of authorities. Burch is formally booked on “sus- picton of murder,” while Mrs. Oben- chain ig‘detained as a witness, The mysterious man and womaa who followed Mrs. John D. Kennedy, mother of the slain broker, through i San Francisco, Aug. 9.—Wireless messages early today from the steam- er San Jose, which struck on San Pablo reef, about 550 miles south of San Diego last night indicated the ship was resting easily. There were 33 passengers and 66 members of the crew aboard. A radio message picked up from the steamer Griffeu at 2:15 o'clock said she was rushing to the assistance of the San Jose. The Griffeu gave her position as about 300 miles from the stranded ship., ““There is no panic aboard,” said one of the San Jose messages. “The passengers are treating the accident as an adventure.” The Griffeu was over 300 miles oif Washington, Aug. 9.—Practically every important farm crop showed 4 loss in prospective production as a result of adverse conditions during July. The department of agriculture’s monthly report today forecast that 2,000,000 bushels less wheat than es- timated a month ago; 91,000,000 bush- els less corn; 192,000,000 bushels less oats and 61,000,000 bushels less pota- toes were expected. The condition forecast of productio of spring wheat by important pro- ducing states follows: Minnesota—Condition, tion, 27,174,000 bushels. North Dakota—Condition, 62; pro- duction, 68,342,000. South Dakota—Condition,: 63; pro- duction, 25,428,000. 5 LONDON HEARS PEACE PLAN I 10 G0 THROUGH Report That Government Offer Accepted with Reserva- tions 4 60; produc- PRISONERS ARE RELEASED Members of Irish Parliament Out of Prison Are Received By De Valera the streets to her husband's office last Friday afternoon are also factors in the case on whom officials are con- centrating their attention. Mrs. Obenchain-has stated that im- mediately. after the shots were fired abroad when returned to bonded ware- houses in this country . in original packages. ARCHBISHOP IS BACK HOME Brisbane, Australia, Aug. 9.—Arch- bishop Mannix, who has just return- ed to Australia from a round-the- world trip, during which he attempi- ed to visit Ireland but was not permit- ted to do so, has expressed his will- ingnegs to take the oath of allegiance to the king. Archbishop Mannix when he arriv- ed in Queensland last Sunday was per- mitted to land without hindrance al- though it had been reported by a news agency despatch from Melbourne that there was a strong belief that the Aus- tralian government intended to re- auire the prelate to take the oath of allegiance. THREE KILLED — IN AIR CRASH Healdsburg, Calif. Aug. 9.—Alden | Eldridge, of Berkley, pilot, and two! passengers, were burned to death in: an airplane accident. An answer to the complaint of | Lakeside -school district No. 11, Kid-| der county, against the Bank of North} Dakota will be filed, according to W. | A. Anderson, assistant attorney-gen-| eral. The answer is to be a general} traverse of the complaint, he said. A deposit of $2,500 was put up with the district court clerk by Mr. Ander- son to obtain release of the garnish-! ment of funds in the Pettibone State ‘bank. This does not mean the case will be spttled, as stated in The Tri- bune, Mr. Anderson-said but the ques-! tion of whether the plaintiff is entitled | to its money will be tried in district; court. TRAFFIC MAN | TO WASHINGTON, START PROBING | N. Y. GOVERNMEN ‘New York, Aug The committee appointed by the last legislature | headed by Senator Schuyler Meyer | to investigate the city administration | today began its public hearings and | summoned Mayor John F, Hylan as | SWEET BILL IS SIGNED TODAY Washington, Aug. 9.—The Sweet bill reorganizing government service to veterans of the World War was sign- led today by President Harding. the first witness. | RUSS FAMINE V. E, Smart, traffic man for the} state railroad commission, has gone DEMAND HE AVY to Washington to attend hearings in} which utility commissions of several Washington, Aug. 9.—Alleviation of states ask for decreased railroad) the famine in 10 provinces of Russia rates on hay and grain for north-| will require the distribution of al- western ‘states. Frank Milholland.; most three-quarters of a million president “of the commission, will) pounds of breadstuffs, according to | By Newspaper Enterprise. ; | Cleveland, Aug. 9.—Miss Josephine | Tarkowska of Cleveland is back from two years of work with the American {Relief Administration in Poland with |14 adopted children and a startling story of infantile misery and starva- | tion. { “There are no longer any children jin Poland,” she says. “There are only small folk, sad- eyed, in rags, who seek shadowed corners and, while they sit long hours jin silence, wonder how long their {child souls will bear their frail bodies | company. “They can’t play; there aren’t any toys. And even if there were, thete leave Wednesday to ettend the hear-| estimates made in Moscow and report- ings. - S ed to the state department today. isn’t any cloiness in the hearts of which killed Kennedy two persons fled past her in the darkness. The de- scription of the two given by Mrs. Kennedy do not fit. anyone so far mentioned in connection with the mystery, authorities say. An inquest over the body of Ken- nedy was to be held late this after- noon. Deputy Sheriff Nolan said be did not anticipate any difficulty in se- curing an indictment against Burch, “Of the indictment of Mrs. Oben- chain,” he gaid, “I am not so sure.” FIND REPAIR TICKET. Chicago, Aug. 9.—A repair. ticket for a gun found in the pocket of Ar- thur C. Burch. under arrest at Los Angeles, was explained today when it was found that Burch had left a rifle at a local store January 1 to be re- paired. He was to have called for it February 1, but the gun is: still at the store.. these tots. Without a murmur they | go to bed and lie there in silence while their one dress is washed. They don’t know what childish rebellion is. Their lives are empty, drifting, stas- nant.” i The administration ig now caring for 1,300,000 children there. In tae last féw months alone, 8,000 child ref- ugees ‘from Russia have swarmed over the line into Poland. “Most of them have the ‘rickets so badly they can scarcely walk,” says Miss Tarkowska. “It isn’t all un- usual to find a ten-year-old child s> poorly fed that his bones have not hardened at all and his limbs will not bear the weight of his body. In the receiving station they sit on the floor London, Aug. 9.—After inquiries in well-informed quarters the Dublin correspondent of the London Times learns that the government offer with reservations likely to be accepted by the Dail Eireann as a basis of sei- tlement of the Irish controversy. Dublin, Aug. 9.—(By the Associated Press.)—All the members of the Irish Republican parliament who have been relieved from prison were re- ceived by Eamonn DeValera, Irish Re- publican leader today at the Mansion house. Although the meeting was not for- mal it is understood that the confer- ence considered the desirability of making a joint statement on the sit- uation at the Ballymilar internment camp of which members who have been released make serious com- plaints. The release from prison of Jack McKeown was received with great relief by newspapers of all shades of opinion. For the first time in many years there were numerous English visitors here today to attend the horse show. AMERICAN GIRL ADOPTS 14 POLISH CHILDREN —drop down anywhere—a sad-faced. wordless throng. “Sometimes their stomachs are 30 over developed that they appear de- formed. They have been fed—when they have had food at all—potatoes and beets three times a day, since the time they were a year old. And instead of growing and . getting strong, their stomachs have distend- ed.” t Miss Tarkowska adopted fourteen of the little waifs, and is paying for their food and education, They oc- cupy a section of 4 building that houses a group of nuns who are work- ing among the needy. 'PASSENGERS ON STEAMSHIP STUCK ON REEFS ENJOY THE EXPERIENCE No Panic on Board, Says Message Describing Condition of Steam- ship Off Mexican Coast Before all Passengers Are Landed Safely by the Crew of the Vessel the San Jose and she is not expected to reach the stranded vessel until 8 A. M. tomorrow, San Diego, Cal., Aug. 9.—All pas- sengers aboard the Pacific mail steam- ship San Jose have been landed and an effort is being made to get the ves- sel off San Pablo reef by her own en« gines, according to a radio messagz received at the Navy station here this morning. San Diego, Cal., Aug. 9.—Speeding| to the assistance of the San Jose the! destroyer Farquahr left port here at 4 o'clock this morning and is expect- ed to reach the scene of the wreck this afternoon. CROP PRODUCTION FOR ENTIRE COUNTRY SHOWS BIG DECLINE Montana—Conditon, 61; production, 19,123,000, : Production of the country's princi- pa] farm crops and estimates of their condition on August 1 were estimated as follows: Winter wheat, 544,000,000 bushels. Spring wheat, 213,000,000 bushels, condition, 66 per cent; all wheat, 757,000,000 bushels. Corn, 3,032,000,000 bushels; condi- tion, 84.3 per cent, Oats, 1,137,000,000 bushels; tion, 64.5 per cent. Barley, 171,000,000 bushels; condi- tion, 71.4 per cent. Rye, 64,300,000 bushels. White potatoes, 316,000,000; 65.8 per cent, Hay (tame), 81,600,000; (wild), 15,- 500,000; condition (all), 82-5 per cent. WRIST. WATCHES DON’T LIKE NEW | SWIMMING POOL! An epidemic of “watered | watches” is reported here. | All because numerous people, particularly girls, fail to remove thelr wrist matches when bathing | in the new swimming pool. F. A. Knowles, jeweler, calling attention of The Tribune to' the matter, strongly urges all people entering the pool who have wrist watches to ‘leave them with the attendants, The water soon reaches the vital parts of the watch, ¥ SOVIET CLAIMS MEASURES AID STARVING RUSS Presents Claims On Method Of Handling Relief to Famine Sufferers condi i Riga, Letvia, Aug. 9.--(By the As- sociated Press.)—On the eve of the arrival of the American Relief admin- istration and Soviet Russia to discuss American relief plans the Soviet gov-; ernment today isued statistics tending to show a greater effort to combat hunger than in other famine years. According to these statistics Sovict relief is progressing well and claims are made that it is possible with lim- ited facilites to transport food. From! June 26 to July 20, it is claimed, 50,- 000 peasants who have been forced grated to Siberia by the Moscow- Kazan. railroad while 14,000 already have been transported on the Volga river. ‘DR. WORST IS Dr. J. H. Worst, former head of the state agricultural vollege, has been reappointed commissioner of immigra- {tion by Governor Frazier for a term lof two years ending July, 1923, it was | announced at the governor's office. |HARDING BACK Washington, Aug. 9.—President and Mrs. Harding returned to Washing- ton this morning after an absence of 11 days most of which was spent 90 vacation in the White Mountains of New Hampshire. The yacht Mayflower came up the Potomac ahead of sched- ule. P. 0. INSPECTOR REAPPOINTED FROM VACATION ', HE BISMARCK TRIBUNE==] BISMARCK, NORTH DAKOTA, eae rT a FOES OF BEER PRICE FIVE CENTS ENOUGH SIGNERS FOR THE RECALL, NELSON ASSERTS Says That Required Number of Signatures Has Been Ob- tained and Are in Office TO CONTINUE CAMPAIGN Effort to be Made to Get 80,000 Signatures for Recall Petitions Fargo Aug. 9.—More than the legal- ly required number of recall signa- tures are recorded at the local office of the Independent Voters Association, it was announced by T. G. Nelson, secretary. He gave the number as 68,950, as compared with necessary 68,881. The law requires 30 per cent of the total. number of votes cast for governor in the last general election for governor be represented on the petitions. The vote last fall was Fra- zier, 117,118; O'Connor, 112,488 It is the announced intention to con- tinue gaining recall petition signatures until the goal of 80000 is reached. The law provides that a recall elec- tion must be called not less than 40 nor more than 45 days after the nec- essary petitions are filed with the sec- retary of state. As the I. V. A. con- vention provided that the election be held on or before November 8 it is Not expected the recall petitions will ze filled for sometime, The fact that the proposed consti- tutional amendments and_ initiated laws can not be submitted until after the former have been on file 120 days and the latter 90 days, also indicates November 1 as the probable approxi- mate time of the election. Petitions for the constitutional amendments and initiated laws are on file. RULINGS ASKED ON LEGALITY OF APPROPRIATIONS State Treasurer Refers Ques- tions on Several Funds to - Attorney-General MUCH MONEY IS INVOLVED —— The Attorney-General’s office has been asked by State Treasurer John ‘Steen for a ruling on the legality of the expenditure of money from a num- ber of state funds in which balances remained after the expiration of the biennial period during which they were appropriated, July 1. Included in the list is a question as to whether or not the Industrial Com- mission has authority to spend money in the new biennial period out of the fund appropriated by the 1919 leg- islature. The 1919 session appropriat- ed $200,000 for the Industrial Com- missioi The bill, approved Feb. 25, 1919, sald: “There is hereby appropriated out of the general funds of the state, not otherwise appropriated, two hundred thousand dollars or so much thereof as may be necessary to carry out the provisions of this act. This, appropria- tion is hereby made available fditmedt: ately upon passage and apprdvil of this act.” nly The 1921 seesion of the legislation appropriated $25,000 for salaries and clerk hire for the Industrial Commis- sion for the biennal period from July 1, 1921 to June 30, 1923. A repealing clause in the law says: “Sections 1416, 1418 and 1419 of the compiled laws of 1913 as amended by to live on grass have officially mi-| chapter 34 of the session laws of 1915, are hereby repealed and all acts and parts of acts that may be in conflict herewith, for the periods of the time herein specified.” | If the effect of the repealing clause ‘is to repeal the former appropriation the Industrial Commission: has spent $30,000 or $40,000 in its bond sale ef- forts since June 30 illegally. Other appropriations on which the treasurer asks a ruling are: 1919 appripriation for premium, {state officers bonds.......... $4,000 ; 1919 appropriation for flood control jcommission fee ++ $33,000 {| 1919 appropri me Build- [OPS sees essence essence ees’ $100,000 | 1919 appropriation mill and eleva- itor (bond expense) ......... $10,000 | 1919 appropriation real estate series bond expense ............... 000 / 1919 appropriation Industrial Com- mission (lignite.deposits) .... 318,000 |. 1919 appropriation memorial _build- ing $200,000 19: ad com- jmission .........-...- eee eee $50,000 | 1919 appropriation immigration HAEDE sins 'sie sos eae emmy $200,000 The attorney-general’s office is ex- pected to determine whether or not money in the various funds not ex- pended shall be paid in the present biennial period. {5 KILLED IN | MANDAN the trail of the yeggs who broke into) the Mandan postoffice and attempted| to gain access to the safe last Friday! ffouston, Aug. 9.—Fifteen men night by the use of nitroglycerine. It:«hymming” their way were ‘burned was definitely established when the| to death in the wreck of the Gulf Coast safe was opened by use of an electric) }ine freight train No. 32 east bound drill that the burglars did not get to' near DeQuincy, La., according to ad- Miss Tarkowska will return to Po- land in the fall’ the cash vaults. Nothing was stolen! yices received at the general office except a .45 calibre revolver. [ot the railroad company.