The Bismarck Tribune Newspaper, November 1, 1921, Page 1

ry * against ‘The Weather Generally Fair HE BIS CK TRIBUNE FORTIETH YEAR BISMARCK, NORTH DAKOTA, TUESDAY, NOVEMBER 1, ’21 PRICE FIVE CENTS | ELECTION a ttt ts TREND IS SEEN | . THREE OF THE AGAINST STATE ~ INDUSTRY PLAN Some Politicians Take Attitude That Defeat is Blow at Any | State Socialism | H CREATES MANY PROBLEMS Voters Turn Down Bond Issue and Yet Retains: Rank of N. ' D. and Home Builders | The probable. defeat of the Inde- | pendent program laws in the election | of last Friday, as indicated by partial | returns today and, according to the! Associated Press, conceded at In-| dependent headquarters at Fargo, is; the reverse of the last election. Inj that election the Independent candi- | dates were defeated but the laws | were enacted. | Supporters of the theory that the| state should not engage in any enter- | prises whatever that compete with / private business interpreted the ver-: dict of the voters on the laws to mean a growing opposition to state social- | ism in any form Itw as indicated in the returns in some precincts that some; who supported the Nonpartisan candi- ; dates oposed the laws. The greater | difference came among those who} voted for Mr. Nestos and voted against the laws or did not vote upon them | at all. In most counties the vote for the laws was-below the vote for Mr-; Nestos. i The failure of the laws, if borne; out in complete returns, leaves the} new administration with many; | problems: If the decision is accepted as a verdict against all state social-| ism it is a verdict against the com-; pletion of the Grand Forks miJl andj the continuation of the Drake mill, to which the new administration is | pledged, Against Bond Issue | Angeles for the murder of J. Belton” The Independent program als0'of the three men whose attentions to provided for a reauthorization of the case. Left is Arthur Burch, “platon bond — issue issues for state-owned industries at $7,750,000. The voters also, it is’ indicated, have rendered a verdict} further bond issue in this NEW STATE OFFICERS form, i It was noticeable, particularly in; this section, that the speeches of; Governor J. A: O. Preus, of Minne-} sota, Who condemned the dumping Gov-; This ‘shows Mrs.’ Madalynne Qbenchain, called in court today in Los| Foch and General Pershing was the provisions of the con-/Right is Ralph Obenchain, the husband she divorced because of her love, stitution, fixing the limit for bond’ for Kennedy, and who rushed west from Chicago to aid in her defense, | i RRR | a ae aerate 1 | NOT STRANGERS IN BISMARCK of any more money into state enter-|Syeinbjorn Johnson Lived in Bismarck While Organizing Legis-| tt tern “LOVE SQUARE” LEGIONAIRES — - GREET BUDDIES ‘Generals Are Given the Glad, ' hand by Enthusiastic Ex- | service Men in Meeting | 1 | s |NEW ORLEANS A WINNER} | 1 | | Defeats San Francisco in the} i Race for the 1922 Conven-* | tion of the Legion | Convention Hall, Ka’ :—(By : American J-egion rec 3 War-i |timc, commanders —Marshal Foch and} neral Jobn“J. Pershing—here with! welcome fit for the heads of the vic-} itoricus armies. Detegates and visitors i |to the national convention of the vet- ‘erans gave the great military leaders! {a tumultuous greeting that spoke; ithe affection of the American soldier! ;and people for the two men. H | After hearing the visitors the con- [vention adjourned at 10.30 a. m. until | | tomor iw morning to permit the dele- ; jgates and visitors to attend the dedi-| jcaticn of Kansas City’s memorial to|{ {its war debt and to participate in the} | big legion parade this afternoon. i | ‘Marshall Foch brought to the Le-j igionaires a personal declaration of; !comradship and from his government: | bore the official. welcome of France. | | Just the appearance of the Marshal iv s enough to throw the hall into a frenzy of applause and acclaim and ; General Pershing was given an equal | ovation by the sold: | der -him. AS: the Associated P ved | | i on aad ! } Kansas City, Nov. 1—The delegates | | to the American Legion national con-' vention today dug tie sleep out of | their eyes and set about a task to them! most pleasant —that of officially, | greeting their “buddies” Foch and}. |Pershing. ‘The grecting to Marshal ay’ insurance broker; and twoj Principal “business of the morning Sa the center interest in her{ nd both men were to speak. This] ic friend” who went to irial today.| @fternoon the’ Legion's big parade {s scheduled with thousands of Le- gioharies, members of the Grand; Army, of the Republic, Spanish-Vet-} erans and others in the line of, march, Legion officials expected to; sandwich some convention routine} into the morning’s proceedings after) which jt was announced the gather-; ing would proceed to the Union; Station plaza where the memorial | which Kansas City is to erect in honor of its war dead will be dedi- cated, ARE | RARAAR RA) RRR ~~ LAWS ARE DEFEA (teen te stttettne DISCUSS EFFECT OF DEFEAT 'BOY BANDIT IN | DARING HOLDUP | | ‘Devils Lake, Nov. 1—A single bey bandit about 17 years of age, service station at Lakota Satur- day evening and escaped with $45 it was learned here today. Two other youthful highwaymen stood guard outside the\station. The boy entered the station late in the evening when no one was about save two employees of the com- pany. Drawing a big revolver, he ordered them to “stick 'em up.” They complied without hesi- tating and he rifled the cash reg- ister. Then the young bandit walked calmly out of the station, and joined the two other youths who had been standing a short distance away, and disappeared. ‘Although description of the trio were obtained from the employees at the station, Sheriff Louis Bakke had been unable to locate them this afternoon. CERTIFIED T0 ALL AUDITORS Decision of Supreme Court I Tax Limitation Law Permits Them to Spread Records LAW HELD CONSTITUTION’L who served un-} Judge Robinson Declares Uproar Over Taxes Necessitates Stringent Action The state tax levy was certified to all county auditors today, following the decision of the supreme court late ; yesterday holding the tax limitation law constitutional. The supreme court judges were divided, three holding the law invalid and two holding the law constitutional, and under a provision in the constitution of the state that a law is constitutional unless four- fifths of the court declare it uncon. ‘stitutional, the validity of the law therefore is sustained. Many county auditors have been helding their books open until the court’s decision, before spreading tho 1921 taxes on their books. Judges Birdzell, Bronson and Christ- janson held house bill No. 25, which provided that counties, cities or sub- divisions, could not raise more money hy taxation than one-third the amount OF OIL STATION’ TED | tense tenstmnttmnteo tence aH tectonics ALLOF INITIATED LAWS LOST OF PROGRAM LAWS ON BASIS OF VOTE REPORTED IN TYPICAL COUNTIES OF STATE i 1 | IR, A. Nestos is Safely Elected on Basis of Unofficial Returns | 1 Carefully Rechecked by Group of Newspapers Compiling Returns—His Majority Will Be Between 3,500 and 4,000 on Basis of Unofficial Returns — Both Kitchen and Johnson Running Strong and May Exceed Majority. | i | : | After careful recheck of the figures on Governor, . partial returns on the other candidates and on the initiated laws and jconstitutional amendments, the following appeared to be estab- jlished this afternoon: aoa majority of R. A. Nestos, elected Governor, is about i Johnson and Kitchen will have larger majorities, Johnson being the high candidate. The election laws are badly defeated. Defeat of constitutional amendments and initiated laws is indicated and accepted as a certainty in some Independent quar- ers. H With only 20 precincts missing R. A. Nestos held a lead of 4,200 over Governor Frazier. The missing precincts are in the ollowing counties: Dunn, 6; McKenzie, 6; Mercer, 1; Mountrail, ; Renville, 1; Slope, 4. Most of the returns on which this com- ilation is made are obtained from county auditors and are of- ificial; others have been rechecked so frequently by the Press la ociation handling election returns that there appears no prob- jability of any great mistake. | Laws Run Behind | Defeat of all initiated laws and the constitutional amend- | ment on the state debt limit appeared to be established by returns javailable this afternoon. The returns available account for nearly all counties that ran in favor of the Independents, only Cava- \lier, Stark, Towner and Sioux remaining to be heard from. Coun- ities remaining in favor of the league not accounted for are Kid- jder, Adams, Dunn, McKenzie, Mountrail, Renville, Williams, Slope iand Emmons. All of these will return majorities against the amendment and the laws and result in their defeat, it appears (certain. The Courier-News today declared . the ‘laws. all were |beaten; the Fargo Forum was to indicate this afternoon that they |were beaten. | Typifying the vote on the Jaws, is the vote in five counties, : Barnes, Benson, Bowman, McLean and Rolette..' In these coun. ities Nestos received 16,691 votes to 13,406 for Governor Frazier. |The nonpartisan election law received 14,805: “yes”. votes to 13,- '566 “no” votes. The Bank of North Dakota abolition act te- | The majority ped sang er votes to 13,305 “no” votes. of Nestos was 3,284; the majority of the election law, 1,239, and {the Bank of North Dakota act, 1,648. With a lighter vote on | the laws, and the “no” vote in most cases equalling the vote on Nonpartisan candidates, and the “yes” vote usually falling con- ey, below Mr. Nestos’ vote, the defeat of the laws was indi- cated. Johnson Runs Ahead prises, had had telling effect. ae Officials today already were be- lative Reference Work—Kitchen Was Here in Legisla- | raised in 1918, 1919 and 1920, to be ernor Preus advocated the theory of, cooperative enterprise as opposed Ma state-owned enterprise, and he con- demned the state going into business ; in any form, either as provided in the} One of the three new residents Bis-) Commissioner. of Agriculture and La-| or contender. et ee armen being, the se: (Continued on Page 3.) marck will entertain ag soon as the| bor, spent sixty days in Bismarck last ees Soy’ ae fale seithout. welling | A Fic winter as a member of the legisla-| ASKS CONSTITUTION CHANGE | ‘uickly as_ possible w i ‘ | State canvassing board officially de- ture. Mr. Kitchen was horn inj Kansas City, Mo., Nov. 1—Modifi-| ‘or them. Judges Robinson and Grace | MRS OBENCH AIN claves them elected to state offices—| yJinois in 1878. He was educated at\cation of the political clause in the| submitted written opinions. 5 | in about 30 days un omething un-| Valparaiso university and in Wash-| American, Legion's constitution was} Objections Considered | forseen happens—is a former resi-| jngton, D, He is a veteran of the!urged at the |.egion’s convention The constitutional objections eel , dent of the city. a3] . Spanish-American dnd World Wars.|here by Oscar Carlstrom of Aledo, sidered by the last hyd nee ! | Sveinbjorn Johnson, _ of.» Grand] He entered upon a homestead in Gold-! Ill, commander-in-chief of the United| judges wore: That during the pas- | Forks, elected Attorney-General, came] en Valley ‘county 18 years ago, has (Continued on Page 3) (Continued on Page 3) | Speaeien | to Bismarck to organize ths legisla-} been superintendent of ashes ead al 5 ‘tive reference library and was in| farmer. He is president of the Farm-| Trial of Arthur C. Burch For charge for three years, until 1911. In| ers’ Cooperative Milling company of UNOFFICIAL RECALL FIGURES . | 1911 and in 1915 he assisted in draft-|] Sentinal Butte. During the legis! ja- | é | Murder of Kennedy Begins lee bills at the legislative session.| ture Mr. Kitchen was chairman of! County Nestos Frazier Johnson Lemke Kitchen Hagen | Mr.’ Johnson has many friends here| the house educational committee, be- | Adams 194 5 196 1046 786 1045 Los Angeles, Nov. 1—When the { from the days of his previous resi-| ing particularly interested in edu-| Barnes 3749 2996... Beis sine nee case of Arthur C. Burch, indicted | gence. cational legislation. Mr. Kitchen left} Benson 2380 2307 =. 2896 2279 2359 2209 | jointly with Mrs. Madalynne Ob- | RA. Nestos, who was born in| last Saturday for the American Le-| Billings 264 595 283 569 270 56 enchain for the murder of J. Bel- | yoss | Norway, is 44 years old. Hel gion convention at Kansas City with} Bottineau 2080 ©3310-2112, 828020808296) ton Kennedy, was'called for trial | came to America in 1893, and settled| the Bismarck-Mandan delegation. | Bowman . 773 915 775 910 eh 907! in superior court here today, coun- = in Buxton, North Dakota. He worked| Mr. Johnson was born in the ex-| Burke . 1477 1778 = 1458 1766 1477 1768 sel for Burch presented affidavits | 14i. way through the Mayville Normal,! treme northern part of Iceland in| Burleigh 2721 «31842765 = 8125S 2721 = 8164 | to the court asking that Burch be = Wisconsin university. and then| 1882, and-was a little more than four) Cass 9650 4931 9548 4945 9620 4850! examined as to his insanity. | graduated from the law department} years of age when his yarents set-| Caval 3409 IBM, seks as A faves y | of the University of North Dakota. He} tled in Pembina county near Moun-| Dickey ase stots | Los Angeles, Cal., Nov. 1 Arthur: fa6 been in poltivies for many years,| tain on a homestead. Mr. Johnson| Divide... 1118 2053 = i104 C. Burch, of Evanston, Ill, is sche ¢ has been states a graduated from the University of! Dunn 23-29 834 sae. aun ceed uled to go on trial in the court of oo eing a practising lawyer in| North Dakota, took his M. A. degree| Eddy ’ : 1089 ish ibid Superior Judge Sidney Reeves today 17101’ nq was a candidate for the| and law degree, After leaving Bis-| Emmons . 1240 1397 1191 1886 on a charge of murder in connection! Peo iican nomination for United] marck in 1911 he established a law! Foster . 1257 975 1258 9 with the slaying of J. Belton Ken-: States Senator. He has been super-| firm and practised in Cavalier until} Golden Valley 1041 geet 18 ner nedy, a broker, at his bungalow near’ i caont of a Sunday school for 12| 1913 when he became associated with! Grand Forks 6537 3699 645 3857 | 2 on the night of August 5. | years, and has heen an ardent tem-| J. .F. T. O'Connor in Grand Forks.; Griggs ....... 1169 Steee ee ae Mrs. Madalynne Obenchain, former’ once society worker. He has many| This partnership was dissolved aj Hettinger . 840) 1418 5 wife of Ralph Obenchain, Chicago at- | pool frien¢ few months ago when Mr. Johnson; Kidder .......... 881 : Sees tee torney, and who it is said avowed she’ “yo.¢p A. ‘Kitchen, of Sentinel! entered the firm of McIntyre and: TaMoure - 2089 ea ERE saat loved Kennedy, will also appear im) Butte, Independent candidate for, Burtness. | Logan . 1013 pacar Mipaoit «ons Judge Reeves’ court. Mrs. Oben-| : ; McHenry 2394 662 1036 674" chain is charged jointly with Burch * | MeIntosh 999 2, 36 with the murder of sector ner wit! PRAOQK CONFAB ! ANNOUNCE EXAM { MeKenzie 49- i036 5855 See agar yet no date has been set for her H i | ce an... = 1694 1725: on that charge. warms i | FOR PO TMASTER leier ants see 3147 3142 LODES ed | Mountrail 60-62 1550 ae iia BOMB EXP Examination for _postmasters at! Nelson 2114 1704 18 IN CONSULATE Hampden and, Regan, North Dakota,, Oliver 320 oer a i ean, will be held on November 26, it is an-! emt fet ae 1143 1151 Lisbon, Nov. 1—(By the Associated Representatives of Dail Eirean) nounced by the U. 8. Civil Service| Ramsey... 413 1880 1921 Pregs.)-—A bomb exploded this morn- ate | Commission. oBth are third-class of-; Ransom... 2195 2212 ing on the stair case of the American} and British Resume fices. \ hate 99°30 7 768 : consulate here. No damage was done,’ Parl The vacancy at Regan occurred! Richland 4583 i however. Police attribute the outrage arley October 1. The salary is $1,100 a! Rolette 1390 ae to the agitaton in connection with the a ES year. It is expected that appoini-! Sargent 2099 fed eal case, of Sacco and Vanzetti, Italians’ London, Nov. 1—Irish peace nego-! ments will be made as soon as the; Sheridan 721 1109 1119 under conviction of murder in Massa- tistions betwen r entatives of the! examination is held. The examina-! Slope. 30-1 665 ce oats Cl Sa British government and tha Dail| #or for Regan will be held in Bis-| “Sioux oe 1663 RR ERT RIS 3 | marck. teGEay - 1932 SEVENTH DISTRICT jeiteane uae rene a ue ea AGUAS HA | state a 1509 1340 : home of Prime Minister Lloyd Geergze Stutsman 9 9 AWARDED LOVING CUP here tod After a meeting wnten it AY HAS | Towner pone 2156 a RR i ._|lasted for 35 minutes it was stated NEW PRESIDENT areal: eH 2629 Beach, N. D., Nov. 1—The loving! s0¢ ancther committee meeting of —_—- ‘alsh 908 ms cup, awarded to the district of the Z Ward 499% 300 State Federation of Women’s Clubs| conferees was expected on the negoti-|_ Buenos Aires, Nov. 1.—Felix Paiva} Wells . 1789 2005 that has gained the largest number of| ators program. Inquiries in Irish has assumed the office of president of Williams i 2429 ii76 i763 members during the year has been| quarters today showed that Mr. Lloyd ite Behe of warazuay nee Grant . 1163 va o the Seventh District. The|Gearge’s addrezs hefore the house uf! the deposition of President Gondra, mae Sieg 783 aioe onaitises the southwest cor- Ssaone last night had done nothing| against whom a revolutionary move- Total 110,895 106,695 75,735 67,539 74,960 67,839 ner of the state, west of the Missouri| in the direction of precipitating | ment broke out: on Saturday, 20 precincts missing river, | ture — Nestos Has Many Friends Here : hitch. | dispatch to La Nacion from Asuncion. ; the 1922° convention which YS a | ginning preliminary preparations for will be held in New Orleans, they having won out over San Francisco, the oth- unconstitutional, Judges Robinson and Grace held the law constitutional, ‘The first named judges reserved the Following was the standing this afternoon on the candidates other than Governor, and on the laws: 1728 precincts give Johnson 98,418; Lemke 88,789. 1723 precincts give Kitchen 97,208; Hagan 87,259. Debt limit—Yes, 77,489; No, 76,076; 1462 precincts, 6 ite elections, 1,488 precincts. Yes, 78,862; No, Partisan election. Yes, 80,925; No, 79,466; 1,488 incts. Pub. Dep. Yes, 73,440; No, 75,289; 1,148 prema s Ind. Comm. Yes, 78,281; No, 73,581; 1,488 precincts. 4,200 Nestos lead. .* Rural credits. Yes, 77,600; No, 75,398; 1,488 precincts. ‘Bank of North Dakota. Yes, 78,346; No, 78,773: 1,488 pre- cincts __ How Districts Went It was the First Congressional district which put Nestos over the wire. In this district, in the eastern part of the state, he received 47,654 votes to 29,895 for Frazier, a lead of 17,759. In the Second Congressional district including Burleigh ounty, Governor Frazier polled 36,827 votes to 35,233 for Nestos, with a few precincts missing that will increase Governor Fra- zier’s majority. The Second Congressional district hag been a battle ground in the last two campaigns, and the figures were being closely watched by politicians for their effect on the future. Congressman George M. Young, of this district, who supported the recall, is up for reelection next year. Mr. Young pulled out with a substantial majority over the league candidate in the last election. In the Third Congressional district the Frazier lead was much larger. With some precincts missing that are Frazier precincts the Governor had 40,159 votes to 27,683 for Nestos, a majority of 12,476. Most of the counties in the Third district are west of thé Missouri civer. ; The majorities rolled up for the Governor in the Second and Third districts were not large enough to overcome the Red River valley lead. In the last two campaigns, Langer and O’Connor came out of the valley with big leads but not large enough to defeat the league swing west of the Jim river. How The Counties Went The unofficial returns show that Nestos carried 24 of the 53 counties and that Frazier carried 29 counties. _ _ The counties carried by the Governor were: Adams, Bill- ings, Bottineau, Bowman, Burke, Burleigh, Divide, Dunn, Eddy, Emmons, Griggs, Grant, Hettinger; Kidder, LaMoure, McHenry, McKenzie, McLean, Mercer, Morton, Mountrail, Oliver, Ransom, Renville, Rolette, Sheridan, Slope, Wells, Williams.” ‘ \ The counties carried by Nestos are: Barnes, Benson, Cass, Cavalier, Dickey, Foster, Golden ‘Valley, Grand Forks, Logan, McIntosh, Nelson, Pembina, Pierce, Ramsey, Richland, Sargent, Sioux, Stark, Steele, Stutsman, Towner, Traill, Walsh, Ward. c O'Connor carried 23 counties in the last election, one less than \Nestos. Because of the numerical superiority of the counties that O'Connor carried, however, the Independents won a major- ity of one in the house of representatives last fall. TRI aO ie eee Nestos Given Reception $25,000 FIRE AT VAN HOOK, “I realize that this splendid dem- H ee onstration is an honor paid to the Van Hook, N. D,, Nov. 1.—Fire here] cause which I represent,” declared R. | destroyed the Bernel opera house and Peet climes of the creat three other small buildings. The totai Minot last night. “I shall seok the is estimated at $25,000, with 20] counsel and cooperation of all wheth- it insurance, | loss iper ci (Continued on Page 3)