The Bismarck Tribune Newspaper, November 10, 1921, Page 1

THE BIS CK STATE CORN C SETS A eee ~ BOND CONTRACT SUIT WILL GO. TO IMS MERITS Injunction if Issued Will be! With Understanding of Early | Trial, Nuessle Says | TRIBUNE Liane ae D PRICE FIVE CENTS ROP SETS NEW RECORD PRODUCTIONIS FAR ABOVE THE utes past that hour (Washiugton time) for | a period of silent prayer who has been robbed until he is and thanks to the Giver |! reWeae Fou chee etrusth | |Biggest Acreage and Favorable of all good. ° ; —Warren G. Harding. RRA ARR ) -PROGESSION AT.“ 20 miciWwayaten Friday, the 11th day of | JNKNOWN’S BIER Chicago, Nov. 10—A plea for November:next, from 12 || | PRESIDENT HARDING’S CALL FOR ARMISTICE’ PRAYER ' , L Warren G. Harding, President of the United States of America, do hereby call upon all de- vout. and patriotic citi- zens of the . United States to pause from their accustomed occu- pations and labors on immunity from further robberies , € 1 t . o’cloek noon to two min- |) Tribute Accorded American Sol- dier Equal to That of Mar- have got on my feet at least?” he Yield Per Acre Account For tyred President ‘ Pieaded, First he had his stock of dia- New State Record monds stolen some months ago, two weeks later his automobile | followed and last night he was |POTATO .teady to give up after robbers YIELD bound and gagged him and took $200 ‘from his safe, all he had left. | ROBBERIES IN ; estimated at 20,496,000 bushels is the Bureau of the United States Depart- j | t i j | | | i BODY LIES CAPITOL IS BIG ‘KEHOE ATTACKS PLANS| Procession Passes By Body Which is to be Buried in Arlington Cemetery i pee i Yield of Potatoes and Quality Both Reported Better Than Last Year Says Industrial ‘Commission’s Method is Mere Subterfuge —Lemke Answers Him { WARREN G_HARDI ~ VERY PERSON IN CITY EXPECTED EROS ~_TOLJOININ ARMISTICE DAY TRIBUTE “ROLL CALL ENGLISH PARTY — as neat Washington, Nov. 10.—(Ry the As- + |Fociated Press.)—Great and small folk moved in endless procession to- day through the rotunda of the capi- tol to pay tribute to the unknown dead lying in such state there as! only martyred presidents have known. | \ t Day’s Program Includes Prayer; ,!0¥" by hour the reaping flowers | y e: yer pout the casket grew, mountain high Judge W. L..Nuessle, of district court, has under consideration today the suit begun by taxpayers, including | former Senator A. J. Gronna, to pre- vent the delivery of any more state bonds under the contract ‘of-the Bank | of ‘North Dakot' with the Spitzer, Rorick & Co. of Toledo, Ohio. Judge! Nuessle indicated he would render a} Prompt decision and, démanded that attorneys agree upon’ ‘a judge who should hear ‘the case on its merits i | | | | | | | i 1 i ment of Agriculture here. This large production is due both to the record 1 ,. | average of 733,000 acres thig season Three Safes Blown Open in Min-| and to the favorable yield per acre in Churches For Armament! and spread about the vast chamh is i i Pee ee Ueels: ile yield has ‘only i & >. ! Plawers that bloomed in France were! | neapolis During Night pentuckebedad fa: a few, inbtancee’ tn Conference Success, Parade there and flowers brought in ail ‘their | By Yeges [re pel years, a . yt {beauty from South Africa, 9,000 miles i and Public Silent Tribute at} away. There was not a minute of the i i | | | } | i | ‘Total corn production is estimated at 20,496,000 bushels compared with 17,064,000 . bushels last year and & before the present Industrial Commis- | sion goes out of office. An affidavit of prejudice against Judge ‘Nuessle had been filed by At- torney-General iLemke, which was held improper by the supreme court, and} at the conclusion of the argument, which waas delayed until late in the afternoon because of the filing of the affidavit, Judge Nuesslo. asked attor- neys to agree upon a judge who should try the case on its merits providing that he issued a temporary restraining ‘order. Declaring tht the Industrial Com- mission’s method of selling and op- tioning bonds® through the Bank of! North Dakota “is a mere subterfuge for the purpose of evading the ex- press provisions of the law,” J. J. Ke- hoe, of Cando, attorney for taxpayers, asked Judge Nuessle to restrain the commission and the bank from furth- er delivery of bonds under the Spitz- er, Rorick & Co. contract. ‘Mr. Kehoe declared] that the pur- ported contract was not binding upon the Bank of North Dakota because it; was made in the-name of the bank by its ‘manager while the law provides that all contracts made by the Bank of North Dakota must be made in the name. of the State of Narth Nekota. . “This contract, if it besa contract,” he said; “provides for the acttial sale ot nly $1,000,000 of bonds and op- tions the remainder. There is a stipu- Jation which allows the Spitzer, Ror- ick & Co. to break the contract. But this option given by the Bank of North (Dakota absolutely ties the hands of the state until Sept. 10, 1922, and | thé bond company dies not wish to take the bonds it does not have to do so,” sdid Mr. Kehoe. _ He declared that the bonds had not ‘been issued when the contract was made and asked “how can the bank show that it has bought the bonds; when they have not been issued.” “The Industrial Commission man- ages and controls, the Bank of North Dakota,” he said. ‘How can these of- ficials, who as the Industrial Com- mission are prohibited ‘from selling the bonds at less than par, do through the bank that which they cannot law- fully do as principals.” Lemke’s Answer Attorney-General Lemke, answering the contention, read the statutes pro- viding the Bank of North Dakota may do what any other bank may law- fully do. He said the Bank of North Dakota took the discount, that the In- dustrial Commission received par for the bonds and that the Industrial Com- mission was within the law in selling! the bonds to the Bank of North Da- kota just-as much as it would in eell- ing them to a bank in St. Paul, and: that bank then gelling them at a dis- count, eth 4 The Bank of North’Dakota, he said, would lose no money. The bonds pro- vide for 5 3-4 per cent interest. The real estaté loans the bank proposes to make are at 6°3-4 per comt. The bank instead of losing money actually would profit, he said. ut (He denied that the hands of the In dustrial Commission were tied until! Sept. 10, 1922, because there was 2 provision that the Spitzer, Rorick &} Co, must take bonds within 60 days} after they were ready for delivery, Judge Nuessle’s Remarks Judge ‘Nuessle, in remarks at the conclusion of the hearing, said the In- dustrial Commission was endowed with bnoad powers, that the acts had; heen approved by the people, that the! Bank of ‘North Dakota really is the In-'| dustrial Commission ‘acting in a cor-| porate way. | He said there was no question but! that the law provided the state band: except the bank series, must be sqia| at par. ‘He said that he did not know all of the exigencies which may have | made it desirable for the, Industria Commission to obtain funds as quickl. as possible and remarked that “know. ing what I do of the money market Tj doubt if little better can be done.” | He said the question appeared to be a mixed question of law and fact, and that he did not believe it could be de- termined whether or not the act of the Industrial Commission in selling the bonds through the bank was mere subterfuge until he knew all the con- ditions Surrounding ‘the sale and the necessity of getting money. He said that there was necessity of bringing funds into the state of North Dakota as quickly as possible and that the matter should, be settled before the present Industrial Commission goes out of office so that the member may ve the opportunity to be vindicated. cohen ee Oe }20pagdad, former capital of the Mos- lem empires was founded in 731 A. D. of Membership Drive in Bismarck ONE, DOLLAR IS ASKED Uae Much Relief Work Remains To Be Done During Winter Months The Red Cross roll call will be gi’ en on Armistice day, November 11. show their appreciation for the !work period, both at home and abroad. It is particularly appropriate that this call should begin on Armistice day when so many of the boys are in position to tell of the actual work; ione by the Red Cross, when in the} field. Not only as a relief to the sick | and wounded but for service supplied! in camps, in writing letters concern- ing sick relatives, in the tracing of: soldiers, reported missing or prison-| ers. , Also since the war much aid} has been given| by members of the: Red Cross in helping the’ men to- com- te their claims for compensation, bonuses and insurance. The work of the Red Crozs at pres-| ent consists largely in giving. relief | in~cases of emergency, sickness andj distress. Much work has been done| by the local chapter jin relief work for the people in the parts of the} county where loss of crops has oc-; casioned dire poverty. The Burleigh county chapter of the Red Cross is furnishing supplies to the ladies of| ‘Bismarck and the county to be used in itting sweaters and stockings for, children who cannot attend’ school for the lack of proper clothing. The expenses of the social work- er, who investigates all cases requir-| ing help, are paid by the Red Cross. This insures that the applicants are! deserving of help. ' Director of Roll Call. , Fred Hanson is director of the Roll Call. The members of the four troops of the Bismarck ‘Boy Scouts have vol- | unteered their services to cali all citizens, with applications for membership. The Boy Scouts wiil have sole charge of the work. The Roll Call will continue until Thanksgiving. It is hoped that there will be no home in Bismarck in which one or more members of the family are not members of the Red Cross. Sunday, November 13, will be Red Crass Sunday and appeals will-be made in all churches for the hearty sup- port of the cause. Membership dues are $1 and those who feel they can do so may contribute larger sums. In other cities fraternal, social and welfare organizations are supporting and aiding in the work of the Roll Call and Bismarck with its many well organized and enthusiastic welfare Citizens of Bismarck will be asked to! done by the Red Cross during the war! 4\' Many, Sectidns Moves-To | iArthur J. Balfour and Staff | Reach Washington For } Conference \ | Washington, Nov. 10—Arthur J. Bal- ‘four, acting head of the delegation representing the Lritish.empire in the, ‘disarmament and Far Eastern confer- ence arrived in {with other members ~ of his which” landed at Quebec, Tuesday. ; Simultaneously |New Zealand and Austrialia reached the city completing with, the excep- tion of Premier Lloyd George who has | promised to’ come later, the British ‘representations at the conference. ONEKILLEDIN HEAD-ON CRASH Fireman Believed to Be Under; ‘Burning Wreckage i i | Marshal, Tex., Nov. 10—One train- man is reported missing. and several passengers slightly injured as the re- sult of the head-on collision today be- tweén a west-bound Texas and Pa- cific passenger and an_ east-bound freight train seven miles west of; Long view. The passenger train was; derailed\the baggage car badly smash- d and the wreckage burned, agcord- ng to reports to the chief dispatch- 1's office here. C. A. Smith, the fire- man on the passenger train, is be- lieved‘ to be under the burned wreck- age. | WINTER NOYES ON NORTHEAST Storm Which Brings Winter To New England Washington, Nov. 10—The storm which brought winter weather with rain and snow to wide sections of the middle west yesterday was mov- ing northeastward to the New Eng- land states today with weather bureau predictions of similar weather there and in the North Atlantic states gen- erally. The forecast was for clearing weather. however, later today in the weather there and elsewhere gener- ally east of the Mississippi river for Friday, Armistice Day. Considerably lower temperatures also were expected for the eastern (Continued on page 5.) half of thé country. PROCLAMATION By A. P. Lenhart, President €ity Commission. Whereas, President Harding has been author- ized by Congress to issue to the memory of those w late Worl identified A Now, therefore, I, A. eleventh, from 10:45 a. m. Furthermore I direct 11 o’clock and that from past that hour all indul: thanks to the Giver of a eleventh, 1921. November, 1921. a, proclamation declaring , November eleventh a holiday as a mark of respect ho gave their lives in the d War as typified by the unknown and un- merican soldier who is to be buried in Arlington National Cemetery on that day: P. Lenhart, President of the City Commission of Bismarck, ‘N. D., do here- by call upon all devout and patriotic citizens to close their places of business and pause from their accus- tomed occupation and labors on Friday, November , to 11:15 a. m. that all public and church bells tolled at intervals between 10:45 a. m. and . 11 o’clock to two minutes ge in a period of silent Il good for those valuable . and valorous lives and for His blessing upon our beloved country, and I furthermore recommend that the National Flag be displayed at half staff upoh all public buildings from sunrise to sunset on November Done in the City of Bismarck this 10th day of A. P. LENHART. Washington today! party | the delegates from; i | i | Legion committee. ‘North Atlantic section and for fair] | | 11 O'clock at the ‘Time the | Unknown American soldier is} Buried-in Arlington Cemetery | | | | Day’s program: Services in 'Presbyterial, Evan- gelical and Episcopal churches at | 9:30, prayer for success of Dis- armament, Conference. Exercise8 in schools at 9 a. m. Parade at 10:15, ending at Nor. | thern Pacific Park. H 11:00 to 11:02 a. m., two-minute | silent tribute to heroic dead. | Legion open house in afternoon, Legion .play afternoon and night. A proclamation was Issued today by Mayor A. 'P. Lenhart calling upon the people of the city to observe the Armi- stice Day proclamation of President Harding, for the cessation of business from 10:45 to.11:15 a. m. Friday and fior indulgence in the two-minute per- iod of silent tribute to the heroic dead of the world war, The parade, which will mark the opening of the ceremonies, will move promptly at 10:15 regardless of weather conditions, it was. announced by H. 'T. Murphy,. marshal, and the The parade will move even in a blizzard, it was de- clared, as the American soldiers in France! moved forward regardless of any obstacles, Parade at 10:15 A. M. The day’s observance will . begin with. the talks in the schools at 9 a. m. In addition to the speakers at the public schools it has been arranged that Major ‘Frank (Henry will speak at the Business College at 9 a. m. The parade forms on Fourth street, the right resting on Thayer street. The Legion will take front rank in the parade, followed by Boy Scouts, school children and. representatives of societies, who will form on Fourth street above Rosser. Automibiles will form on Rosser, east of Fourth. The line af march follows: ‘South on Fourth to Main; west on Main to second; north on Second to Broadway, east on ‘Broadway t Seventh, south on Seyenth to Main i | hills, day unclaimed by those who would! do honor to the dead, There was noj| sented. Among the most formal of the pil- embassy. Fyom the embassy build- ing there was arranged a_ parade lteaded by Arthur’ J. Balfour, head of the British delegation to Washington ‘and Sir Auckland Geddes, British ambassador, Nearly a score of auto- mbbiles formed the procession and Armed Men on Guard All through the night five armed men stood motionless about the cata- falque in the center of the great gran- ite circle of the rotunda watching with the dead comrade as they will watch until he is carried away to sleep out time in the quiet Virginia ‘Gradually the noped aisles leading on up the great steps to the closed doors of the rotunda filled with folk come to pass by the bior with bowed heads. steps sweep up to the senate. cham- ber ‘another group gathered ‘about a fioral garland the first of many to be set in place. From the’ other side a double squad of soldiers with fixed bayonets and rifles at trail moved up the main steps and into the hall. They were going to change guard about the casket as it had been changed (at short intervals through the night, as it would — constantly change all day and tonight. organization of veterans or of patri-| otic people over the land unrepre- srimages to this shrine of patriotic! valor was that planned by the British | twe motor trucks carried the flowers. | Off to the right where the! BIG HAULS IN JEWELRY! |Robbery in St. Louis of $35,000) i and in Philadelphia of | -$50,000 Reported Minneapolis, Minn., Nov. 10—Rob- bers blew open three safes in Minne- |apclis during the night obtaining | {More than $1,000, Each of the strong} ; boxes had previously been. attacked! by cracksmen. | The heaviest haul was made at the L. W. Northfield company, fuel and! transfer and _ building materials, where they obtained nearly $1,000 1 The safe was attacked two weeks ago| but the yeggmen were frightened! 2way before they succeeded in open-| ing it. - The Anchor Laundry company’s! |safo was next blown open and $30} taken. This safe was opened with explosives two weeks ago, according to the manager and $300 taken. The third safe of the night, proved ; to be a bungled job. The doors of the strong box at the S. H. Berg Lumber company were blasted open but an inner compartment resisted efforts to open it.- The safe had been blown open four times since last April. STEAL MANY JEWELS St. Louis}, Nov. 10—Two armed men today entered thé jewelry store of Edward J. Gallant in the downtown soction, forced three employes into a rear room and escaped with jewelry valued at from $35,000 to $50,000. Pass Four Abreast . The party on the senate stairs were led up to enter the rotunda by the senate corridor. Then just at 8 o'clock the great main doors swung upward four abreast to pass by the cabinet. ‘ As tho first line stepped within the hall from the group beside the bier where the flowers. were being set in place male woices rose in blended hermony that woke the echoes in the high vaulted roof above, naw flooded with sunlight. They sang the last and, west on ‘Main to the Northern ‘Pacific park.\ Whistle Will Blow At 11 o'clock the whistle will blow and those at the flag pole in ‘the Nor- thern ‘Pacific park, and all others in the city, are asked to face the west and. pay the two-minute silent trib- ute. The whistle will blow again at 11:02, sindicating the expiration of the period. Services will be held in churches of the city tomorrow. A short service will be jheld at St. Georges Mpiscopal church at 9:20 tomorrow morning: ‘There will also be a prayer service at the Presbyterian church tomorrow The Evangelical Lutheran church also plans devo- tional services. The services will be out in time to allow the attendants to join in the parade at 10:30. In the afternoon’ the Legion play will be given and again at night. The; American Legion also will hold open house in their club rooms for all ex- service men in the afternoon. ‘ Preamble of Legion The preamble to the American I.e- gion constitution is as follows: “For God and Country, we asso- ciate ourselves together for the fol- ing purposes: / . techno uphold and defend the Consti- tution of the United States of Amer: fica; to maintain law and order; to foster and perpetuate a one hundred per cent Americ nism; to preserve the memories and incidents of our as- sociation in the #reat war; to incul- cate a sense of individual obligation to the community, state and nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to promote peace and good will on earth: to safeguard and transmit to posterity the princi- ples of justice, freedom and democ- racy; to consecrate and sanctify our comradeship by our devotion to mut- ual helpfulnes: JOHANNSEN TO BE RECEIVER director of audits of th Dakota, has been appointed| receiver of the First State Bank of Sawyer. He will not assure active charge of the Sawyer bank for sometime. E. J. Pepke, of Minot, was appoint- ed receiver of the Security State Bank ‘of Columbus, to succeed George) Whit- A. Johannsen, the Bank of N verse of America: They sang with’ an’ appeal ‘of vic~ tory and no hint of sorrow, , |.» And the last notes died Away down the -long corridors to right and left as the line that gave the great public its’ place in the ceremonies moved slowly, on and out the western en- urance. About the casket on its low base those who passed by saw the five soldiers still as though carved from bronze in’ their khaki trappings. FOCH IS CHEERED Pittsburgh, Pa., Nov. 10—Cheered by tens of thousands of western Penn- sylvanians as he rode through the principal business and resident streets of the city Marshal Foch was today the guest of Pittsburgh. He planned to leave today for Washington where tomorrow he will join in paying honor to America’s un- known soldier. REQUISITION IS ISSUED HERE - Requisition for the return to Cass county from Michigan of P. F. Har- hour, charged with embezzlement, has been issued by Governor Frazier. HAUL WORTH $50,000 (Philadelphia, Nov. 16—Diamond rings and unset precious stones valued at between $50,000 and $60,000 were ‘back and the waiting hundreds swept| stolen from a jewelry store here to- day by three young bandits who es- caped. HOLD UP NEBRASKA BANK Omaha, Neb., Nov. 10—Three men held up officials of the Fordice state bank at Fordice, Neb., near Sioux City, Ia., today and escaped with be- tween $8,000 and $10,000, according to advices. ORDER TROOPS TO GUARD COURT Governor Morrow of Kentucky ! Takes Steps Frankfort,. Ky., Nov, 10.—Capt. L.j Thompson and ten men of the Kentucky cavalry troop today were ordered by Governor Morrow to proceed to Sandy Hook, Ky., on November 14 to guard the Elliott county circuit court which convenes on that day. The troops were order- ed out at the request of Judge Allen C. Cisco. A large number of cases of whisky law violations are on the docket, Troops were ordered to Sandy Hook on July 4 and remained on guard there throughout the July term of court because of threats said to have been made by moonshiners to kill witnesses and alleged attempts to intimidate, witnesses, Governor Lynn J. Frazier said today he had not received the in- vitation which, according to news- paper reports from Fargo, will be extended to him by the incoming administration, to participate in inaugural ceremonies on Novem-, ber 23. R. A. Nestos and other incoming officials, in their Fargo conference, decided to take office on Wednesday, November 23, the day of the meeting of the canvass- ing board. The canvassing board will, meet at 10) A. M. and it is expected it will conclude its work by noon. The inauguration, it is planned, will be at 3 P. M. in the house of representatives chamber. It would be opened by the read- | ing of the report of the canvass- ing board declaring R. A. Nestos elected governor, would be fol- ‘tey) resigned on account of illness. | lowed by remarks by the gover+ ECC SRO B INAUGURATION IN HOUSE CHAMBER WITH CEREMONY IS PLAN ADOPTED nor and /by Mr. Nestos. The oath of office probably would be admin- istered by a supreme court judge, although that duty is not desig- nated to any one persgn by law. Asked if he would say there would be no contest by the state | administration Governor . Frazier said that while there had been many petitions and letters receiv- ed asking that a contest be start- ed no steps had been taken to that end by the administration. Attorney General Lemke, who, it is believed, would be in charge of any contest that might be started, is to leave tonight for Washington, D. C., to attend a hearing in the supreme court on Nov. 14 on the grain grading case. It is not expected in capitol cir- cles that any court action will be started. five-year average of 10,917,000 bushels. ‘ The North Dakota potato yield is estimated at 95 bushels per acre and a ten year average of 91 bushels per acre, State production is estimated at 9,025,000 bushels! compared with 7,110,000 bushels last year and a five- year average of 6,9571,000 bushels. The quality is above the average. Preliminary estimates of the state flax crop places the yield at 6.6 bushels per acre comapred with 5.3 bushels last year and the average of 7.5 bushels. State production is estimated at 3,065,000 bushels com- paxed ‘with 3,896,000 bushels last year and a five-year average of 5,579,000 bushels. . Reports from all counties indicate the average weight per measured bushels of wheat for the state to be 55 pounds ¢ompared with 55 pounds last year and a five-year average of 55.6 pounds; Oats 30, pounds com- pared with 34 last year and a five- year average of 33.5; barley 42 pounds compared with 44.5 last year year and a five-year average of 44.1. FAIL TO FORCE - TAX BILL VOTE Democrats Lose in Seeking Ac- ceptance of 50 Per: Cent Surtax Amendment Washington, ‘Nov. 10—Efforts of Democrats to force an immediate vote on the acceptance of the senate 50 per cent surtax amendment to the tax revision bill failed today, the house voting after a‘ hot debate to lay on the table a resolution if acceptance oftered by Representative Garrett, ot Tennessee, the Minority leader, Tho insurgent ‘Republicans split on the question a number joining with the Democrats on the motion to table while others voted to table under the terms of an agreement made with Re- publican leaders that they would not insist on instructions to the con- ferees. i Washington, Nov. 10.—The house concurred today in senate amend- ments to the hilf extending the life of the emergency tariff until it is sup- plemented by.a permanent law. The measure now goes to the President. OFFER REWARD IN BEIER CASE Dickinson, N. D., Nov. '10.—The Stark county commisioners today of- fered a $500 reward for information ‘leading to the arrest of the murder- er of Alfred Beier, who was found ‘dead at his home south of the city. [Today's Weather | —_———__—_—_—_— For Twenty-four hours ending at noon Nov. 10. Temperature at 7 A. M. Highest yesterday ‘Lowest yesterday Lowest last night Precipitation Highest wind velocity . Weather Forcast \ For Bismarck and vicinity: or Snow rain to-night and Friday; colder; winds becoming strong northerly. For North Dakota: Snow or rain to-night and Friday, colder; winds becoming strong northerly. Weather Conditions low pressure area accompanied” by snow or rain extends from Al- berta to North Dakota. Elsewhere the weather is fair over the western States. Temperatures are above freezing in Montana and the Canadian provinces, but the southeastward movement of the storm area will he followed by lower temperatures. There will be snow or rain in North Dakota to-night and Friday with low- er temperature and winds becoming strong northerly. ORRIS W. ROBERTS, Meteorologist., A