The Bismarck Tribune Newspaper, August 27, 1921, Page 1

FORTIETH YEAR BISMARCK, NORTH DAKOTA, SATURDAY, AUGUST 27, 1921 PRICE FIVE CENTS TOWN GRIERS OF STATE 10 MEET IN CONVENTION Plenty of Fun to be Mixed with Entertainment in State Meeting FOR HONEST ADVERTISING! Representative of World Clubs to Tell of Vigilance Work of Organization for members of Town Criers clubs uf the state on their visit to Bismarck Sunday night and at the state conven- tion of the clubs at Mandan, Monday and Tuesday. The Criers, however. expect to devote a_great deal of seri- ous discussion to community adver- tising, vigilance in driving out fraud- ulent advertising and related adver-; tising subjects. Most of the large number of repre- sentatives of the clubs in the staie are expected to be guests of the Bis- marck Town Criers club Sunday night at the “en route smoker” to be given — lrailroads tributary to Bismarck and Plenty of entertainment is planned!Mandan is [fair attendance. MANDANFAIR GROUNDS TAKESON | CIRCUS AIR JUST BEFORE OPENING Special- Railroad Rate and Added Attractions Will Help Attend-| | ance at Annual Exhibit of Missouri Slope Fair—Indian H Dances Again To Be Feature of the Fair i | The Missouri Slope fair grounds atytons are offered, including an auto-! Mandan has a circus air today. mobile stunt in which an auto makes Scores of men were busily engag-|* leap eae eds will rent igt jed in putting the finiShing touches on| attractions at the fair, along with the the big exhibition which will open|carnival features. The state historical jMonday and end Wednesday night.| society will have an exhibit at the: {Free circus attractions began to ar-|fair, in which all kinds of Indian rel- rive, race horses and show horses] ics will be shown, together with other | were being placed in quarters and of- i i of-} valuable relics relating to the devel-| ficials and workers were scurrying| opment of the historic Slope country. | to and fro making the final prepara- tl c Some fast races are expected this tions. year. The list of speed entries * The fare and half railroad rate on| highly satisfactory to the manage- ment and the purses ure larger. Six counties will have exhibits and two larger exhibits will be shown by the state immigration department. | \ | expected by Secretary John Rovig to be a real boost for the Several free attrac- |FARMERS HELD FOR VIOLATION OF LIQUOR LAW} i | \ = i | ea ; _ Mathias Schaffer, farmer living near ‘Glen Ullin, Morton county, arrested jon a@ charge of violating the prohibi- tion laws, gave $500 bond to United = {States Commissioner John F. Fort tase |here for appearance in federal court. Work of Lifting Wreckage) Joe Evwet and John Wallery, also liv- weer > ‘BRITISH INDIA. : disturbed : British India, were shown to be grave ; upon the police in the town of Tirurj TORN BY RIOTS OF NATIVE MOBS | Mob of 2,000 Makes Attack on| { Police Station of Tirur ENGLISHMAN BEHEADED, | Military Area is Proclaimed In! One State to Put Down i Rioting Natives i | London, Aug 27.—Conditions in the} district’ south of Calicutt,| in an official statement issued at the: Indian office here. ‘This statement} based on telegraphic advices states} that a mob of 2,000 made an attack{ JOHN W. WORTHINGTON In John W. Worthingt e a and ‘later clashed with Leinster pla-!thorities in Chicago Talleva tee hays toon, which dispersed the rioters | the “brains” of an alleged huge with machine guns. j8windle trust. Investigators say they *The cruisers Canopus arrived at;traced operations of the gang through Calicutt yesterday and the situation in| frenzied schemes of banking, check that city is said to be quiet. ‘kiting, broken fortunes and bankrupt- A band of fanatics is reported to|cies. have entered an estate at Pullengode,: CHARLES W. FRENCH Charles W. French is held by fed-| eral thorities in Chicago as a mem- ber of un alleged huge s which, the authorities say, has taken in millions of dollars through spur- ious stock transactions and busines. promotion schemes. indle trust,! DANGER PEAKIN “MINING COUNTRY "PAST, IS BELIEF | Miners Began Return March | From Boone County; Van- guard in Charleston ME DISQUIETING RUMORS | ae Keeney Leads Men But Orders May Not Reach Remote Villages : Welch, W. Va., Aug. 27.—Sher- iff W. F. Hatfield, of Welsh county, today received word from Sheriff Don Chain of Logan coun- | ty, that the advance of armed men on Logan county had been renewed. The Logan county sheriff requested that men be rushed to his assistance at once and Sheriff Hatfield with deputies left here in an automobile. They are expected at the scene of the trouble late today. Charleston, W. Va., Aug. 27.—The unusual situation precipitated by the protest march of armed miners from ny see nao glock an From River Humber Goes jing hear Glen Ullin, arrested on the! burned. Eaton’s wife had left the es-; |Marmet near Charleston) into Boone day afternoon tortiake up an, antomo- S _jsame charge, Were unable to give bond,| tate recently. | TOWARD BiSM | jcounty with Mingo county as their bile greeters party to meet Criers! Forward | ners | RIOTING CONTINUES. | ARCK} PROBE GATHERS Bool, was. ueliovel by: state sot lelale coming from Minot, Ryder and other a BRITI F | Bombay, British They Age cores — | {nere today to have passed the peak. north towne, dag, wi mest seca Howden, England, Aug. 27.— (By) | (By the Associated Press.) Looting | vee Mohert Cuuie-ugbam's birth: | aapar Morgan ate el vhundreds. of sre eq al | i : ‘ place wilh be recorued ei i morning to go to the Mandan conven- the Associated Press.)—Formal in | by riotous natives in southern India; taxicab about four pales ah IN MILLION ATR E sss ie soe Oe ere tion. A message received today from! Minot. signed W. F. Jones, said: “Thirty ‘of the wildest Town Criers in the United States of America will ride out of Minot about 10 o’clock Sunday, morning headed south and expect to; gallop into Bismarck about 5 p. m. Reserve corrals and advise author- ities at Mandan. G. N. Keniston, sec- retary of the local club. who received the message, has notified police au- thorities for miles around. ‘day and caused the death of more} i vestigation ef the disaster which de- TO HOLD UNION DE VALERA TOLD | | stroyed the dirigible ZR-2 Wednes- than 40 of her personnel began here; today. Sir Hugh Montague Trench- ard, British air marshal, was in charge of the inquiry. i Plans for the investigation did not London Newspapers Say Lloyd still continues according to a message | from Calicutt. | It is reported that an inspector of | special reserve police was murdered | by Moplha rioters. His body was! thrown into the river. TO TAKE ACTION London, Aug. 27.— Owing to ths ox Bismarek, The baby, son of Mr. and Mrs, | J. M. Cunmngham, of Wilton, was i | born while Mrs. Cunningham and i | her husband were bei ‘to Bismarck In a taxicab Th day evening. Mrs. Cunningham and baby are | in St. Alexius hospital, John Rob- Wealthy Manufacturer of Ohio is Held in Connection with Case contemplate public sessions and it was believed probable that nothing would be given for publication until after the finding of the court had been announced. ‘serious charges of the Moplah riots; |in the Malaber district of British East | | India and the possibility of a general! i spread of the disorders the Daily; | Telegraph today says it understands} George’s Stand is Unalter- | able ert is a lusty youungster and both | mother and baby are doing nicely. Last summer a baby was bo ina taxicab just as It had reached | Canton, Ohio, Aug. 27—F. E. Davis, wealthy Canton and Cleveland manu-| charge of | i workers and were leisurely making itheir way back home. One train load, the vanguard, which Keene stopped {at Madison yesterday arrived this morning and reports said that about 3,000 others were on their way to Whitesville from Racine and sur- rounding country. Hundreds oi other men, the report said, were making their way back to Marmet. There was only one point in peers was arrested here by Deputy ithe lately disturbed district concern- United States Marshal Connor on :/ing which the state authorities were a local hospital, sing the mails to defraud.| uncertain, Alarming reports had come Convention Program. | The work of lifting the wreck of the} London, Aug. 27.-The morning; the government of India with the con-! ete ba The program for the Mandan con-| ZR-2 from the Humber river at Hull! Post, following Lloyd George’s answer | currence of secretary of state for In-! When arraigned before United States ‘trom them after midnight that an en- yention. which onens Monday morn-! continued today. ‘jast night to Eamonn DeValera’s lat-| dia, Montague, has decided to take | Commissioner Whiting Jr., Davis was! gagement had been fought at Blair, ing at 9 o'clock, follows: ' est letter, urged the Sinn Fein leader, action “against the prominent person-/ released on $25,000 bond for his ap-| Logan county, over the line from 1 pearance in federal court in Chicago. ;Boone between a party of miners and | Monday Morning. | Welcome, Pres, A. B. Welch, Man-' dan. i ‘Why We Came, W. F. Jones, Minot.) Explanation of Program, Thos. H. Sullivan, Mandan. Election temporary chairman. | Appointment of committees, nomi- nations, resolutions, constitution and by-laws. Parade, Afternoon. Missouri Slope fair. Banquet. Toast Master. 6 Address, C. G, Ferguson, vice presi- dent 8th Dist., Minneapolis. Reports of committees. Fair grounds (Indian dance). Smoker, Country Club. Tuesday Morning. Advertising North Dakota, Dickin- PHONE VALUES OVER $5,000,000 State Board Makes Decrease Over Last Year Totai valuation of telephone proper- ty in North Dakota for taxation for 1921 is $5,485,657, it was announced by the state board of equalization. The 1920 valuation was $5,540,264. The essments are made on a schedule asis, divided for various counties, so that total valuations of the larger com- panies are not available. The valu- ation of telephone property in Cass county 1s $599,401.00, the largest in the | to recognize the unalterable stand for! ; union which had been made by the; | government and advised that terms be | made on that basis. Mr, DeValera was told that he “was i discussing the situation in the spirit | of an impracticable doctrinaire.” | | “Until Mr. DeValera descends to }earth from the cloudy heights,” the | newspaper continued, “no progress is i possible. |-“THhe" time has passed,” said the London Times, “when the reiteration of the difference between the English! {and Irish viewpoints can serve a use- | ful purpose.” | DAIL IN MEETING, | Dublin, Aug. 27—(By the Associat- | ed Press.)—Members of the Irish Re- publican parliament met today to con-: sider the situation which has develop-! ed from the firm stand of Prime Min-! part of the recent trouble in India.” | 'It is felt, says the newspaper, that ; i | | ages held responsible for the greater, the limit of patience has been reac ‘ed by the Indian government. It is! understood, it adds, that the authori- ties are fully prepared to quell di orders should the preventative action) now being taken not meet with suc-| ‘cess. PROCLAIM. MIATARY ARE | Madras, India, Aug. 27.—(By the} Associated Press.) —The Malabar dis trict of British India has been pr claimed a military area. KLU KLUX KLAN PENROSE SAYS | Hearings on Tax Bill Will Begin’ in Senate Committee Thursday | Washington, Aug, 27.—The senate) i finance committee have decided to put | j the tax bill ahead of the tariff. Con-, GIVEN WARNING sideration of the revenue measure wili} | begin by next Thursday at which time —_——- jhearings on the tariff already are! Madison, Wis., Aug. 27.— Pledge) scheduled, was made by Governor Blaine today; Chairman Penrose announced it was} slew Davis, who is 75 years old, declared he will be vindicated, He admits hay-| ing executed for negotiation notes! amounting to $36,500, but points, out! that few men of affairs have less pa-| pers on the market. Insofar notes were discounted they will be; paid, he said. ! Davis.believes the $500,000 worth of{ notes bearing the alleged signatures! ich were found by federal author-; ities in Milwaukee may be some notes! nearly 20 years old which were issued; when Davis was associated with C. K.! French in the Canton-Akron and{ Youngstown Belt line railroad. It; was in connection with this project; that Davis lost $2,500,000, _ RELEASED ON BOND | Chicago, Aug. 27.—Charles W.} French and eight of those named with} him in the Logan deputy sheriffs. Every effort to obtain details of the shooting were without avail and it was assumed there ad been no casualties. Charleston, Aug. 27.—Charles Kee- iney, United Mine Workers leader, and vanguard of miners marchin, from Marmet to Mingo county whic Keeney turned back at Madison, Boone county, arrived in Charleston at 8 o’clock this morning. The miners had left Madison by special train and it was expected they would lose no time in going to the mining towns and villages from which they had set out. In spite of the fact that the march ‘was halted at Madison yesterday af- ternoon and that Mr. Keeney said the miners would listen to his advice and abandon the enterprise, disquieting rumors began reaching Charleston at an early hour and increased as the state. Valuation of property for tuxa-| ister Lloyd George relative to a set-|in a letter to Dan W. Hoan, of Mil-| hoped to have the tax bill passed by| alleged $50,000,000 waukee, that if the Klu Klux Klan in the jouse and ready for the senate| ‘swindle ring” were arraigned today day advanced. son. ch. [tion in the following counties is: | tlement of the Irish controversy. : . 7 chip vi 3| ei rae i BLL ert a er eT Grand Forks, $397,202.00; Burleigh,| Leaders of the Daily Eireann and Wisconsin “or its membership violates | when it reconvenes Sept. 21. before United States Commissioner! One report which reached the au j $231,696.00; members of the cabinet of Eamonn the law the entire power of the state! “170 also announced the hearings on| Glass charged with conspiracy in| United Mine Workers headquarters $189,936.00; Stutsman, Ward, $286,005.00. DeValera appeared, however, not to} The total valuation of lots in cities! consider that the situation had become} and towng in the state, exclusive of|any more delicate than it had been Schools, Supt. White, Minot. Vigilance Work, J. A. Pierce, Fargo. Parks as Municipal Advertisements, would be used to protect the people! ine sugar schedule on the tariff meas-j using the mails to defraud, They| was that crowds of men in their liberty and security. jure would be indefinitely postponed. waived examination and were bound] were on their way from the Winding ——_——_———_ It is planned to complete open dis-|over to the grand jury. French’s| Gulf coal country in Raleigh county MUST RETURN MON | bonds were set at $15,000 and the! to join the marchers. Minot. ; 9 7 | , for taxation in 1921,/ sh 9 s an, | vussions of th tal 2 ood sched- J 44 . Open Discusslons Club Representa. rere r4y as compared to 349.2050) reese ai a | _ Minot, N. D. Aug. 27-3 ‘files today and devote Monday, Tues [others at $5,000 each, The authorities expressed the opin: rene /328 in 1920, after equalizatio by the | quist. former receiver of the Farmers, hiv and Wednesday of next week to| Another $10,000,000 was added to-| ion that owing to the wiely Crit Grand Forks. Foner al eq |POSTMASTER OF and Merchants State bank of Ken-| the aatlcuttaral in |day to the total of notes seized by, lated call for the march and tat the Bigmarck. i peceerein i edin tals hs i BEULAH CHARGED |mare, is directed to return $7,200! ¢ ugents investigating the swindle, fact that Mr. Keeney’s orders ) & Valley City. | | WITH EM 7: |“wrongfully and unlawfully epnoRt j trust, John W. Sawken, who Wednes-| home: might not mench: ree aaa it Ryder, eS | ated by him and converted to his own) | day found $9,050,000 notes in a Cleve-| 0 e mining country fo j Beach. As CALL COUNTIE BEZZLIN' use out of funds belonging to the, jland safety deposit vault) brought ithe| would nett week before the situa- Dickinson. 2. ank,” according to a decision ren-! additional amount to Chicago. he| tion had entirely cleared. | Fargo, iN (D5 Aug. 27.—Joseph C.| 20% | y Minot. ip 3 dered yesterday by District Judge) notes are op the Ideal Rubber and) eee Mandan. ON J N FUNDS =" 9 Tae N. D., is under are) ohn é Lowe in the matter of the | ‘Tire company, of Cleveland, now in _ BODY TURNED BACK Opinions of Commercial Clubs rep- ola Test on'a Charge of embezzling postal’ 52) nearing on the report of Dahl- hands of a receiver. ; Pittsburgh, Aug. 27.—A large body resentatives. | Unfinished business. | Auto ride to Old Fort Abraham; Lincoln. | To Detall Vigilance Work. | Particelar interest is expressed by) Criers in the address to be delivered! by C. G. Ferguson, of Minneapolis, | vice president of the Eighth District) of the Associated Advertising’ Clubs of the World, and Norman Black, pub- | lisher of the Fargo Forum. Mr. Fer-; guson is expected to give a detailed | statement of the work being done by) the national vigilance comm the Associated Advertising Clubs in} driving out fake advertising schemes | and promoting honesty in all adver-| tising. | The convention will be an organiza- tion meeting, for the purpose of form-| ing a state body to better carry out the work of the Associated Advertis- ing Clubs, with which all Criers clubs are affiliated. FARMERS BAND; FIGHT THIEVES Mitchell, S. D., Aug. 27.—Believing that an organized gang of thieves is systematically robbing farmers of South Dakota, Tobin township farm- ers have organized the first farmer vigilance committee. State Highway Board Finds Spirit of Law Not Car- ried Out Several counties have been violat- ing the spirit of the grant of federal \aid in road construction, and the state highway commission has adopted a re- solution to prevent the practice, it was said following a meeting of the board here. It was stated that counties have ittee of placed the federal aid money in the} general road fund and have issued warrants to the con- tractors in fereedal ad po tonfaetee t tractors on federal aid projects from this fund. The highway com- mission will require that federal money be paid directly to the contrac- tor on the specific federal aid job. TO DISPOSE OF HELD LIQUOR | Commissioner of i Orders Immediate Dis- position Washington, Aug. funds. It is alleged Evans misappre- priated $365 gained by redemption of war savings stamps, the money not be-! }ing turned over to the owners. It is charged that Evans has also misappro- |priated other funds of the office and) ithat at one time he mortgaged his jfarm in order to cover a shortage. RAIL EARNINGS — _ AREINCREASED | | \ | Washington, Aug. 27.—Railroads in the country earned $174,662,167 dur-j ing the six months ending in June as | ‘against $31,721,706 during the same period last year, the interstate com- |merce commission announced. i ‘MORGAN NAMES MEN TO HEAD CROWD TO SHOW. Fargo, N. D., Aug. 27.—Max Morgan, ' dairy specialist of the state agri | tural college here, announced today Prohibition: the district leaders who will have \charge of arrangements for taking: | large delegations of farmers from all | sections of the state to the national) {dairy show at the Minnesota state | fair, Oct. 8 to 15. i 27.—Immediate| Thomas Sullivan, of Mandan, was disposition of liquors seized under the! named for District 4; Judge A. Cof-, national prohibition act on which stor-/ fey. of Jamestown, for District No. 7; | quist as receiver. He resigned as re-} x ceiver in March, 1921, after having) MEET IN Cl | served since October, 1918. | { | | OF INTEREST | Dickinson and Bismarck Players \ to Compete at Country 20 WOMEN | Club Sunday Stars of the recent state golf tour-) nament will play at the Bismarck Country club Sunday morning and, Sunday afternoon. i Eight to ten Dickinson players will) oppose Bismarck players in an inter- | city match. The Dickinson players! will arrive on the morning train. is planned to begin the first matches, foursomes, at 10 a. m. The Dickinson the Country club by the Bismarck | players. Play will be resumed in the afternoon with individual competition and special matches. John Reuter, of Dickinson, state champion every time he has entered a state golf tournament, telephoned E. B. Cox this morning that eight or ten Dickinson players would be here,' ‘including William Kostelecky, runner- | up in ‘Louis, Tony and John Kostelecky; Guy | Hunter, former state champion; A. D. Heaton, Dr. Herbert and probably others. i The Bismarck competitors will be chosen from Jack Hintgen, state ‘champion for 1921; A. S. Bolster, E. |B. Cox, Judge L. E. Birdzell, C. L. Nichols, C. S. Haines, C. W. McGray, the close to heart of the world. They never ask during the hours of service they give for those whom they love, what material return there will be. They keep alive the hearth Women live fires. They keep untarnished the ideals. the recent state tournament; h | of armed men seeking to enter Logan county was this morning turned back TARTS FI HT iby a force of deputy sheriffs on the | Boone-Logan county line, according to statement given the Associated as | Press over the long distance telephone iby an official connected with Gover- nor E. F. Morgan’s executive office at Charleston. It was added that | there had been no casualties although Queer _Actions of Shoemaker’ many shots had been exchanged. lt has not been determined whether To Be Probed i the body of men engaged by the dep- juty was a part of the Marmet-Mingo A fight occurred late yesterday af-|marchers who yesterday were per- ternoon between Frank Sai a shoe- maker, and Chief of Police Martineson und Specal Agent McDowell, of the! Northern Pac chief. After Sanish had car, the polic chief said he intended cause it had no brakes. Sanish began to fight, he said, and was locked up in jail. Mm vestigated, authorities said. It is said that he had decorated the window of his shoe shop on Fifth street lavishly with flowers and weeds, had been driv- ing an automobile without brakes and alled the attorney-general’s — of- tating he wanted aid in getting back pay from the penitentiary, due for time in which he served in the prison. He formerly was at the James- town hospital, police said. He is being held today in the coun- ty jail. S60 FEET. FAL Sanborn, N, D., Aug, er actions of Sanish will be in-| 27.--Paul, 14-1) uaded to abandon the march and re- |turn to their homes. who was with the; the automobile driven by| collided with a tourist’s| # . | golfers will be entertanied at lunch at 14 take the car away from Sanish be-| IN GRAIN CASE | A stay has been granted by the | United States supreme court in the so- called grain grading case, according |to word received at the office of Attor- ney-General Lemke. | ‘The attorney-general states that the state law will be enforced during the period until the case is decided by the highest court and that all elevators will be licensed under the state law. ‘NEW RUSSIAN RELIEF PROBLEM Washington, Aug. 27.—The Russian More the 400 framers near Ethan i : ii 1 h oh 1 Bs oat | Dr. C. E. Stackhouse, Dr. W. F. Crewe, Vooa, oped le harges are accruing was ordere:! while a leader has not been chosen| But they have their silent ; year-old son of Charles Bradenburg,| relief problem developed a new ang have banded for the purpose of run- age c' thitt ; 5 5 a jut they - \H. P. Goddard and probably others. y atte big oer - : int tional . | a t Prohibition Commisioner’ for District 6, which includes Bur- re 2 on a t a grain) With the calling of an internationa ning down robbers who have been today by battles, from which they fell 60 feet Rebs ain Pe grain Conference called to meet in Paris, j leigh county. elevator broke iff emerge sometimes with wound- Instructions were sent to Federal} Mandan will send a quartet and we Fe ed hearts. They like to know epped on the lift and presumably to co-ordinate relief meas- ures. carrying off automobile tires, grain, Haynes. | Bradenburg parts and livestock, tractor engine other farm equipment. of the farmers followed the theft of 68 pigs from a farmer in Tobin town- ship recently. Organization prohibition directors and internal; band according to the announcement. revenue collections to reqest U. S. at- in their districts to petition’ GERMAN TREATY ! torneys for. disposition orders |to the courts how other women have met TWO BODIES | released the brake operated by the these ordeals, trivial things in the day’s routine, sometimes, but far-reaching in their .in- ARRRECOVERED foot. Ag he weighed only about 75 pounds, the lift’s counterweight of about 10 pounds, shot the boy to the ,WHISKEY CARS ARE EXEMPTED for all seized liquors, autos, boats or} OQ, K, WITH FRANCE, fluence. top with great speed. The cable or LEAGUE PAPER QUITS. | other vehiles taken by the government Thus the story each day, on supports gave way letting the lift and “for violation of the prohibition laws. ) Paris, Aug. 27.-Premier Briand | the woman’s page of The Hull, England, Aug. 27—Two bodies, the hoy fall from the top of the ele-/ Detroit, Mich., Aug. 27.—That part Langdon, N. D., Aug. 27.—The Lang- don Nonpartisan league paper, the; Liquor set as county about $20,000. “moonshine” and low |was read a virtually complete text of | jal value | the treaty of peace between the Unit-) to commercial but non-beverage uses. the treaty should disturb France jor affect her position. —| Se] Tribune from the heart of @ Fi were recovered vesterday from woman, Ruth Agnes Abeling, is the British crew. vator. He was rendered unconscious the wreck of the ZR-2. One was iden-! by the fall and was rushed to a Val-' vehicles may ‘shock was very great, customs law by which be labelled by the gov- of the U. S. by val ty Farmers Press, is the! proof liquor has not commer¢ , 4 okt Ser tbo Nonpartisan papers and should be destroyed, Mr. Haynes |ed States and Germany and the French} something every woman wants tified as that of Albert L. Loftin, an/ ley City hospital, where, at last re- ernment when used in smuggling good; to be suspended. said, while the higher proof and un-| foreign office considers that nothing in’ to read, She finds herself ff! American mechanic on the airship and ports. he was, recovering. No bones|into the country is null and void, y The-venture cost the farmers of this adulterated liquors should be diverted thereii ‘the other that of Lieut. R. Y. Rye of were broken “by the fall, but the| when applied to whisky runner’s cary, ‘Federal Judge Tuttle ruled.,,, ;