The Bismarck Tribune Newspaper, September 16, 1921, Page 1

HE B FORTIETH YEAR COURT ATTE DAIRY CIRCUIT PLAN WILL BE TALKED SEPT. 20 Meeting Called at Bismarck Commercial Club to Talk Over Proposition FLASHER MEN ARE COMING Success of Holstein Circuit There to be Detailed to Farmers of This County | The organization of a dairy cireuit | in Burleigh county in the vicinity of Bismarck will be discussed at a meet- ing to be held here Tuesday, Sept. 20. Announcement of the calling of the meeting was made today cy the agricul- BISMARCK, NORTH DAKOTA, FRIDAY, SEPTEMBER 16, 1921 "PRICE FIVE CENTS WA is Ready to Proceed with the Case $25,000 Automobile the Auto May Be Seized San Francisco, Sept. , Attorney Brady announced in the police court of Judge Sylvian Lazaras today that the people are ready to proceed on the murder charge MURDER CHARGE 2 ARE KILLED TOBE PRESSED AS TRAIN HITS AGAINST “FATTY” TRACK WASHOUT: District Attorney Announces He'“Los Angeles Limited” on the { R i SEEK SOURCE OF LIQUOR'HEAVY RAINS THE CAUSE i ile Arbuckle Transported it in|Eastbound Passenger Train Had | 16.—District tural committee of the club, following investigation of the dairy circuit, plan} and consultation with numerous far- against Roscoe “Fatty” Arbuckle, whoj is held responsible by the authori-| Northwestern Limited is Derailed Passed Over Culvert a Min- | ute Before Clinton, Ia. Sept. 16—Fireman| | John Johnson, of Clinton, and an un-| jidentified tramp were killed when the! engine of the Chicago and ‘Northwest- ern railway, a fast west bound pass- enger train No. 7, derailed in a wash- out west of Belle Plaine early this morning. No passengers were killed so far as} | | Checking of potitions filed for the recall election was completed ! early this morning in the Secre- tary of State’s offico and the for- mal proclamation calling an elec- tion for Oct. 28. It was announc- ed that there were 73,893 names on the petition. for tho recall of Governor Frazier; 73,237 fur the recall of Attorney-General Lemke and 73,187 for the recall of Com- missioner Hagan. The 'ndepend- ent headquarters at Fargo had announced the count as 74,004. The required number was 66,CU0, The formal proclamation of Secretary of State ‘Hall follows: PROCLAMATION Whereas; Petitions have been filed in this office, signed by at least thirty per cent of the quali- fied electors who voted at the pre- ceding election for the office of governor in the state, demanding the recall of Governor Lynn J. ‘Frazier, Attorney-General Wil- liam Lemke and Commissioner of claim and call a special election to be held in each precinct in the state, on Friday, October 28th, 1921. ‘Other candidates for each office may be nominated in the manner as is provided by law in primary elections, otherwise, said election shall be conducted the same as a general election. There will also be submitted to the electors for their approval or rejection, at said election, che fol- lowing proposed constitutional amendments and initiated laws: Constitutional Amendments . Debt Limit—Bond Issues. 2. Compensation wf Members of the Legislature. County Officials. Initiated Measures Non-Partisan Elections. Partisan Elections. Public Depositories. Industrial Commission. Rural Credits. . Bank of North Dakota. Pay Paes we MPT TO BLOCK RECALL ELECTION? ‘FORMAL PROCLAMATION ISSUED TODAY FOR RECALL ELECTION ON OCTOBER 28 TWO POSSIBLE METHODS OPEN _ FOR AN APPEAL According to Political Gossip Publicity Pamphlet and Fraud are Basis LEAGUE CHARGES FRAUD Say Many Names Ficititious— I. V. A. Has 7,000 Names To Spare With petitions bearng 74,000 n: on file and Secretary of State ‘Hall preparing to issue a formal call for the recall election on October 28, 43 days from today, political observers Agricilture and Labor John N. Hagan; now, Therefore, In accordance with In Testimony Whereof, I have hereunto set my hand and affixed ‘Commerce Club Committee To ' 4S Pp a voircular letter now being is- mers in this vicinity. The meeting, it is stated, is being called upon request ot a group of farmers in the immediate | vicinity of Bismarck. Full details of what has been done in the Flasher dairy circuit,’ only a year and a half old, will be laid be- fore farmers at-the meeting. G. H.| Ritter, superintendent of the Flasher | circuit, will explain the methods used| and Messrs. Sawtell and Cottoner,| breeders of Holstein catile will tell of their pergonal efforts and success it) the Flasher district. Max Morgan, live-| stock extension speciaiist of the state agricultural college, wil speak. Farmers interested in the proposi- tion are invited to bring their wives with them. The meeting will be called at 9 o’clock in the morning of Tues- day, Sept. 20. There will be a noon-| day luncheon at the Grand Pacific] hotel at 12:30 o’clock at which the vis-| itors will be entertained by the Com-! mercial club. Members of the agricultural commit-| tee are D. T. Owens, chairman; P. R.: Fields, F. A, Lahr, J. P. Jackson and| Geo, Duemeland. C. L. Young, presi- dent, and G. N. Keniston, secretary, join in the invitation. GOOD FARMING — PLAN LAUNCHED, ~ BY LOCAL CLUB Aid Farmers in Obtaining Desired Information The agricultural committee of the/ Commercial club is starting a campaign | for creating interest in profitable! farming. The commitiee, it is an- nounced, expects to use the facilities} of the Commercial club organization ; to furnish information to farmers of ‘brarian, having been engaged .by the |great possibility in the extension of |ties for the death of Miss Virginia | Rappe, a motion picture actress. ; The announcement came after a conference between Brady and police Officials called to decide which of the four charges against Arbuckle would be pressed. There are two manslaughter and two murder charges pending. Judge Lazarus contiaued the case | until next Thursday at 1 P. M. Bail | is not permitted under a murder charge except by special arrangement. Feaeral investigation into the Captain Fitzgerald, daredevil, prom- BibR eoneutned "ot ths ArtackiG oats enaded along the electric sign which! at which Mis Ra is sai bd ere ppe is said to have tops the towering Wurlitzer building !sutfered injuries. which led to her he answered when asked why he did} ‘Robert Camarillo, assistant United it. ‘ 3 | States District Attornay, declared 1: {Los Angeles that several people have NEW LIBR show that Arbuckle transported 20 jquarts of whiskey in his automobile when he motored to San Francisco | San Francisco hotel. . An automobile in which Arbuckle is Miss Mary E. Downey TakeS} said to have carried the liquor is said out that should it be proven Arbuckle Pease y ‘transported the liquor the automobile Miss Mary Elizabeth Downey, re-/ could be confiscated under the terms commission of Utah, has assumed the} The body of Miss Virginia Rappe, position of North Dakota state li-jaccording to announcement, will be sent to the motion picture city at in New York City. “Oh, just for fun”| death has been carried to Los Angeles. {made statements to him which would | ; It was also learned Camarillo said that ‘a case of gin and other liquor was de- jlivered to the Arbuckle rooms at the Charge of State Library to be worth $25,000. Officials point cently secretary of the state library | of the Volstead act. Hollywood, a suburb of Los Angeles. state board of administration to suc- ceed Miss Blanche Hedrick, who has returned to her home in Columbia, WIFE Mo. Chicago, Sept. 1 Miss Downey declared she saw fafth in her husband’s mnocence Mrs. Roscoe Arbuckle, wife of the movie 'library work in North Dakota, parti- cularly in the development of county libraries, which she said, naturally followed the consolidation of schools, actor held in San Francisco, left here last night for the coa3. to assist her husband. Mrs. Arbuckle who iiay been separ- in which .great progress already has ated from her husband for the last been made in North Dakota. She also| five years was accompanied by her her first efforts will be to launch the county which would be difficult for them to obtain sing!e-handed. The/ action was decided upon after con-; ference with a number of farmers who} said such a service would be appreci-; ated. | fied the committee dwells upon dairy- ing. We sent you a table showing the} production record of = herd of Hol-} steins owned by one, Frank Gaebe of New Salem, N. D., wherein is shown the exact cost of maintaining each| animal, exactly what the productl,/ “book drives” in a number of cities and towns in an effort to increase the number of books in the Ibraries. Previous to her experience: in Utah, Mis Downey was for four years li- brary organizer for the Ohio state li- brary board. For several years she has directed the summer school for librarians at Chautauqua, N. Y. Miss Downey is a graduate of Denison uni- versity, Ohio. ONE KILLED | and the exact profit which came to Mr. Gaebe continuously through the} will interest herself in the develop-| mother. S ment of libraries in towns which do| C@go seekini not have libraries, she said. One of| Said would help:her to She spent yesterday in Ch!- g information which she “ciear her hus- band.” INUNCTION LAW 1S QUESTIONED IN MINOT COURT Constitutionality of Statute Pro-! day without education and ability,” he viding Closing of Buildings Is Attacked | cited the great advance made in the jreported here. | Owing to a terrific rainstorm the {train, known as the “Los Angeles ‘Limited,” was operating slowly. At {the point of the derailment a culvert j crosses a sinall creek flanked on the j north side by a hill. Water washing! down the hill created a torrent in the creek washing out the culvert and the ongine and fr.Nowing two cars of the limited went into the ditch. Re. ports here are that no passengers were injured. The derailed cars carried baggage and express. East bound passenger train No. 2, had passed over the culvert loss than a minute before the derailment, pass- ing the “Los Angeles Limited” a mile to the west. U.S, EDUCATION HEAD IS GUEST _IN CITY TODAY ae | Dr. J. J. Tigert Speaks to High School Students and Con- fers with Educators VISITS STATE DEPARTMENT John J.Tigert, United States Com- missioner of Education, recently ap- pointed by President Harding, im- Pressed upon members of the Bis- marck high school tdday the value ot education in dollars and cents. Dr. Tigert, speaking in the assembly room before the students and teachers, iron and steel industry in the United States through scientific research. The status of the iron industry a score or more years ago repesented the nat- ural ability of the creators of the in-| dustry; the condition today reflects the, value of education. A steadfast. purpose in life, ambi- tiauly .pursued, was urged upon the high school students, He pointed as examples the purpose and persever- ance of Andrew Jackson and Napoleon Bonaparte. He drew « contrast he- tween ability, ambition and education rightly and wrongly applied. One of the greatest problems of edu- cation today is to see that energies are directed in the proper channels, Dr. Tigert said. “You can’t do much in the world to- told the students. “You can’t ac complish much without purpose and; perseverance, and both of these must! Article 33, of Amendments to the ‘State Constitution, I, Thomas (Hall, Secretary of State of the State of North Dakota, do pro- AMERICAN DEAD OF ZR-2 REACH NEW YORK TODAY New York. Sept. 16.—The British cruiser Dauntless bringing home the body of the 16 officers ahd men of the American navy who lost their lives in the ZR-2 disaster arrived off Sandy Hook today, escorted by American warcraft. She was expected to wait outside the harbor until afternoon ana| then at high tide to come to the navy | yard, i MINIMUM WAGE HEARINGS SET Commission to Get Evidence in| Bismarck Sept. 28 and 29” A majority of the members of the workmen’s compensation bureau wilt: be present at each of tie hearings to} be held in the near future to gather) data for the issuance sf new sched- ules of minimum wages for women, according to S. S. McDonald, of the bureau. Most of the present classec; of minimum wages are ineffective be-| cause of court injunctions in which one of the allegations was that a fuli board was not present when the or- ders were adopted. It is proposed in the new hearings to have a majority of board members at the hearings and; a full board at the consideration of testimony, Places and dates of hearings follow: Bismarck, Sept. 28 and 29; Fargo, Oct. Minot, Oct. 18 and 19. Members of the state board are Commissioner Hagan, Commissioner vi Insurance 8. A. Olsnegs, S. 8} McDonald, Philipp Ei- Hott and C. A. M. Spencer. JAPS CAUTIOUS OVER SHANTUNG Tokio, Sept. SOOO OOOO ars BRITISH FIRM 3 and 4; Grand Forks, Oct. 6 and 7;| ible toward peace have Deen made} of Agriculture John] the 16—1 ted | Bear Crookstown in east Tyrone were | Liealt was fatimeted shot at by scouts allegcd to be cov- the Great Seal of the State, this sixteenth day of September, 1921. Secretary of State. “ONBRINSTAND | REPORTS AVER Public Opinion Supports Lloyd! George in Denial of Re- public Status ANSWER IS DUE SOON & British Premier, Ailing, Expect- ed to Frame Reply to Mr. De Valera London, Sept. 16—Prime Minister ‘Lloyd George from whom the next! move:in the Irish negotiations is fooked for, was still ailing at his vaca- tion-time home at Gairlough this morning, ‘He was reported to be bet~ ter, however, and was contemplating a return to London earlier than he had anticipated to consult his col- leagues on the situation arising from ‘Eamonn DeValera’s statement in his letter made public yesterday that only as representatives of Ireland as a sovereign state did the Dail Eireann have power to act and from Mr. Lloyd! George's own cancellation of the ar-' rangement for the proposed confer- ence at Inverness. Public opinion in England so far as it has found expression is virtually solid in support of the premer in his contention that all the advances pos- i by Great Britain and that the gov- ernment cannot go further to moet Trish Republican aspirations. ‘There was hope that ‘Mr. DeValera | would ask his people for a now man-| date and that a plebescite in Ireland would result in favor of acceptance of ‘Dominion, home rule. ENCOUNTERS BELFAST. Belfast, Sept. 16.—(By the Associat- ed Press.)—Encounters between op- posing factions in interior Ulster were reported here this afternoon. Two un- armed constables on a cycle patrol; THOMAS HALL, | in the state capital were awaiting an expected move by Nonpartisan forces to block the election through court action, Two possible grounds for an ap- peal to the supreme court for the re- view of the Secretary of State's de- cision on the sufficiency of the peti- tions were pointed out. They are: That there are no funds available for the printing of a publitity pamph- let before the election as required’ by the constitution. That there was fraud practiced In so great a degree in obtaining peti- tions that they are invalid. A request was made of the state emergency commission by Secretary of State Hall for $10,000 with which to print a publicity pamphlet. Action was deferred until after the filing of the petitions. Governor Frazier and Secretary of State Hall only were at this meeting. With the filing of the petitions the secretary of state was preparing to renew his request at the first opportunity. The members of this commission are Governor Frazier, Commissioner of Agriculture Hagan, two of the state officials whose recall is asked, and Mr. Hall. Constitution Mandatory The constitution provision regard- ing the printing of the publicity pamplet is mandatory. It says that “the secretary of state shall cause to be printed and mailed to each elector a ‘publicity pamphlet, containing a copy of each measure together with its ballot title to be submitted at any election.” The” printing. of the . publicity pamphlet would, therefore, carry the roposed © constitutional amendments and initiated measures, submitted by the Independents as a part of the re- call program, to every elector in the . state, giving an immense amount of free publicity to the opponents of the state administration. The legislature authorized funds for the printing of the publicity pamphlet but the item was omitted from the en- rolled bill, the secretary of state has charged. Should the emergency com- mission refuse to transfer funds for the printing of the publicity pamphlet the Nonpartisans might cite for ‘failure to obey the constitutional provision as a cause for an appeal to the supreme court to prevent the election, it is pointed out by Independents. Fraud Affidavits Filed — Charges of fraud in obtaining signatures to petitions have already ‘been made by the Nonpartisans. It was announced at the office of At- torney-General William - Lemke that he would return from a speaking tour next week and he is expected to take up the legal phases of the elec- tion. Assistant Attorney-General W. A. Anderson declared that numerous af- fidavits are on file in the attorney- in responsible cireles here today tl 1| ering Republicans at drill. They re- general’s Office to the effect that 'the» market price of ihe hay, silage,; milking period. The feed cost of these| animals is calculated on the basis of| INGARD GAME alfalfa and grain consumed. However,} st. Paul, Minn, Sept. 16—Frank no charge is made for transportation | Fisher was shot to death and J. G. of this crop to the market and no! possiff, proprietor of a hotel in the charge for railroad traxsportation, andj downtown district, is suffering from yet each of these animals yielded prac-| gunshot wounds following a quarrel | Judge George H. Moeliring, who 0M} te wag honored at a preakfast given! Hf the Grant Pacific hotel by ‘Miss NEW REDUCTIONS tically 100 per cent on the cost of her! over a card game early today. The feed,” says the circular. | police are holding six men said to have | be used to. keep educaticn in the right | Minot, N. D., Sept. 16.—The consti- tutionality of the statute providing for the closing of buildings by in- junction in certain instances, is in question in a case here ‘¢fore District Monday heard arguments on the ap- plication of Attys. E. ih. Sinkler and G: W. Twiford to hate an injunction, | dent, at which heads of many of the 5 uable calf that each wiil drop during -your herd, keep a record of the milk “It is true, however, that the table| heen members of the party, but have makes no showing for the labor in| caring for and milking these cows; | but you will also observe that there! has been no account taken of the val-| the year. In normal times, or even now, the calf will pay the pro- ducer not less than 50 per cent on his) investment when it is not more than) six months old. | “would you be willing to put a reg-| istered Holstein sire at the head of| produced, feed consumed, and assist in the employment of a superintendent ing O'Dell duly accredited by the North Dakota daughter, claims $25,000 damages. Agricultural College?” OIL: COMPANY OF LEITH MEN INCORPORATED come of the divorce action. Articles of incorporation have beer filed for the Leith Oil and Gas com- pany, which proposes to develop oi! leases in southwestern North Dakota The capital stock of the company is $25,000; the incorpora‘ors, J. J. Ryan, O. J. Saunders and A. W. Patterson, of Leith. This is the second company to be incorporated since considerable ex- citement spread over ihe Slope coun- try in the belief, that it has natural formations of oil territory. The New England Petroleum conipany proposes to drill for oil in the near future. As yet no wells have been sunk. Geol-|er in west portion tonight; Saturday ogists have looked over the territory. | partly cloudy. placed on the Elken hotel in Minot at the request of Mr. Watkins and State’ Attorney O. B. Herigstad, vacated. The injunction action was begun been unable to learn who did the shooting. No gun was found. AGAINST BRIDE Minot, N. D.,, Sept. 16.—Counter- charges are made by Allen W. O’Dell, in the suit brought by his 16-year- old bride of a few months, who seeks annulment of her marriage, and ali- mony. She asserts O’Dell is “more than 55 years old.” Her father, charg- with abduction of his state’s attorney alleging that one, “Jennie Doe,” true name unknown, solicited him on the second floor of the hotel in question. Constitutionality Attacked, Attys. Sinkler and Twiford appeared for John Moore, owner of the hotel and argued that the law providing for closing building in such instances was unconstitutional. They claimed the law has been held unconstitutional by several district judges. State’s Atty. Herigstad said that he had followed the law and believed the action taken in regard to the hotel in question was the proper one untii the supreme court hoids the law un- constitutional. Both sides intimated that the mat- ter wil be brought to the attention of the supreme court foilowing Judge MoelJring’s decision. Judge Moellring also heard an ap- 51| Plication from Atty. Dudley L. Nash gi|for a writ of habeas corpus for 43 | Frank Rose, recently committed to the * 5n| county jail to serve a four-month sen- tonee which had been suspended. F. L. O’Dell’s attoneys have filed an- swer to a court order that O'Dell ap- pear and show cause why he should not pay $100 temporary alimony and $500 attorney fees pending the out- Today’s Weather | o$———________-_# For twentv-four honrs ending a+ noon Sept. 16. il ‘Temperature at 7 A. M. Uiehoat, vosterday Lowest yesterday - Lowest last night . tation .. I eee ead ve | Watkins and his assistant, F.C. Upton, and State’s Atty. Herigstad were re- Forecast. sponsible for Rose’s suspended sen- tence being revoked. Atty. Nash claimed the sentence had been satis- fied. The curt.took the matter under advisement, For North Dakota: Showers this afternoon and nossibly tonight; cool: when Howard Watkins, a son of F. L.; p, Watkins, filed an affidavit with the! caged in educational work in | direction.” Dr. Tigert, who is en route to Seat- I tle to visit a branch office of his de-; | partment, is stopping at the state cap-} itols along the way to pay his respects to the state departments of education. Minnie J. Nielson, state superinten- | | educational institutions of the state| ; were present, among them Dr. Thomas | F. Kane, president of the University of | North Dakota, a former colleague of Tigert when the latter was en- Ken- tucky. Heads of the institutions and E. J. Taylor, deputy state superin- tendent, spoke briefly. Joseph A. Kitchen, of Sentinel Butte if China declines the recent proposal of Japan with regard to the turning of Shantung over to China which the government considers eminently rea- sonable in nature, Japan may refuse the coming Washington conference. ON NABISCOS Another reduction announced today by National Biscuit Company brings Nabisco and other sugar wafers in packages ‘back to pre-war levels. Prices on varieties two to five cents per pound. chairman of the educational commit: tee of the last house of representatives and candidate in the recali election fo: the position of Commissioner of Agri culture and Labor, spoxe briefly, being introduced by Miss Nielson as the “next Commissioner of Agriculture and La- bor of North Dakota.” Dr. Tigert was to hold a conference with the educators this afternoon and to leave for the west oa No. 1 tonight. JAMESTOWN BOY GIVEN HIGHEST FRENCH MEDAL Jamestown, N. D., Sept. 16—Vernon ‘Zacher, former Jamestown boy now attending college at Bozeman, Mont., hag been awarded the chevaliot order of the Legion of Honor by the French government, the highest medal of France. Mr. Zacker left Jamestown with Company A, in the World War. Later he was transferred to the 9th divi- sion and in 1919 was awarded the ‘Croix de Guerre and Distinguished Service Cross. ported the matter to thefr barracks to discuss the Shantung question at | OMS. the whole line of bulk| ing to bring about mediation between are further reduced from] Turkey and Greece have been made in and a patrol was sent out which in- tercepted three cyclists, one of whom had a loaded revolver and other weap- This man was arrested. WOULD MEDIATE IN TURK WAR signatures were fraudulently obtained. lHe declared these charges were that persons other than the names of those appearing on the petitions sign- ed them and in one case, he said, there was a charge that children signed the affidavit. 0. B. Tewes, of the attorney- jgeneral’s office, is to have charge of jstenographers who will copy names lof signers to recall petitions and Mr. Anderson said they would be check- ed. The attorney-general may attack the petitions by a request to the Geneva, Sept. 16.—Suggestions tend- league circles. SHRILL BLASTS OF WHISTLES TO USHER IN “DOLLAR DAY” BARGAIN SALES IN CITY ON SEPT. 28 AND 29 The big “Dollar Day” sales planned for Sept. 28 and 29 in Bismarck will be inaugurated by the nlowing of whis- tles, At 9 o’clock in the morning on both days the fire whistle will sound its shrill blasts. all locomotives in thé railroad yards will how their whistles and automobile owners will be re- quested to join in the chorus with their horns. It is planned to make the beginning of the big “Dollar Day” bargain days real events. An extensive publicity campaign is to be carried on preceding “Dollar Day.” The message of the special of- ferings will be carried into 10,000 to 15,000 homes within the Sismarck ter- ritory. On “Dollar Day” practically all of Bismarck will be to ail intents andy T9207 bi purposes “under one !oof” so far as the buying and selling of merchandise is concerned. There is not an articie which a visitor might want to take or to have sent home that will not be on display. “One mammoth sale” is the expren- sion used by one merchant in describ- Ing all the plan of “Doular Day.” It will be the first event of its kind held in Bismarck where all of the merchants of the city will co-operate in a big com- munity sale. Special window dis¥iays are being planned by merchants for the day and decorations of unique character will be shown. Persons in the Bismarck territory who will want to come to the city for the big days are urged to watch for special advertisements of the city merchants. supreme court to review them, under the law. Protection, however, is af- forded the petitioners in that undet the law, as it is construed by the secretary of state, petitioners have 29 days in which to amend petitions. Supreme Court Can Review Articles 26 of the Constitution says: “The Secretary of State shall pass upon each petition, and if he finds it insufficient, he shall notify the ‘Com- mittee for the Petitioners’ and allow twenty days for correction or amend- ment. All decisions of the Secretary of State in regard to any such peti- tion shall be subject to review by the Supreme Court. But if the sufficiency of such petition is being re- viewed at the time the ballot is prepared, the Secretary of State shal 1 place the measure on the ballot and no subsequent de- cision shall invalidate such measure if it is at such election approved by a majority of the votes cast thereon. If proceedings are brought against any petition upon any ground, the burden of proof shall be upon the party attacking it.” Have 8,000 Margin The Independents, in filing 74.000 names, have about 8,000 more than are necessary to obtain a recall. It also is said that the Independents have hundreds of names on petitions (Continued on page 3)