The Bismarck Tribune Newspaper, November 19, 1921, Page 1

ee BISMARCK, NORTH DAKOTA, SA‘'URDAY, NOVEMBER 19 PRICE FIVE CENTS STEEL RAIL SNAPS UNDER FAST N. P. TRAIN JAPAN'S VIEWS TOWARD CHINA ARE PRESENTED Baron Shidahara is Said to Have Taken Sympathetic Atti- tude at Conference U.S. WARSHIP LAUNCHED Newest Ship of Navy May go to! Scrap Heap Under Proposal * To Limit Armament | Washington, Nov. 19. (By the As-| sociated Press.)—A statement on be-! half of Japan on several questions | relating to the Far Eastern situation: was made before the conference to- day. It was arranged that a complete | public statement’ was ~ to be issued | Jater, 3 The proposals by the Chinese dele- | gation, as was expected, formed the) basis for today’s meeting and all! delegates were understood to have! expressed agreement on the princip- les in in general. H Baron Shidhara, who presented! Japan's views, was said to have, shown a friendly attitude toward, the Chinese proposal and ‘toa i material objection to them fotm basis for the proposed agreement. SHIP CHRISTENED Newport ‘News, Va., ‘Nov. 19—The superdreadnaught West Virginia, newest addition to the American navy out a good wife. than anybody el 21 "new mayor of Youngstown. his wife credit for enabling him to: j Rise from a huckster to a wealthy} market owner, rated in Bradstreet’s | ¥embr at $500,000. ; | | | | | i GEORGE L. OLES, By NEA Service. Youngstown, Ohio, Nov. 19.—“If you want to be anything or anybody pick he'll help you more That's the advice of George L. Oles, He gives Move to Youngstown in July and be ~~: HUCKSTER, NOW MAYOR, THANKS WIFE FOR RISE NEW MAYOR OF YOUNG ! | HEAVY CARS ON TRAIN PREVENT I Badly Hurt When Accident | Happens Near Dickinson Passengers Shaken Up But None! the attatettet tetra TOC Oe SHEET OF 1c) ARE TAKING ON The Missouri river is snugly | encased ina sheet of ice today, SERIOUS WRECK sess siiSe SA “SESSION AIR” 2010. H The exact. time of the closing of river’ was 7 o’clock, the ; Weather bureau announced, The | arerane time of closing of the ; Yiver for the last 35 years is i November 23 : j Bring Many Here Notice way sent to owners of | b oerating on the river SUIT IS ON, SAYS SINKLER yesterday that it probably would | Proposed Suit to Nullify Elec- tion and Inauguration Plans TOWN, O., AND HIS WIFE DEER SEASON TO OPEN ON MONDAY IN ___” STAVE; WARNING ISSUED TO HUNTERS Th deer season opens Monday, No 21, and closes November 30, {giving a ten-day open season, George M. Hogue, of Steele, secretary of the and scheduled to grace the scrap pile| elected mayor against strong opposi-' state fish and game commission, said within a few months under the reduc- tion program was successfully launch- ed today at the plant of the Newport News Shipbuilding and Drydock com- |! race here when Oles jumped in with! ter providing for pany. Miss Alice Mann, of Bramwell, | West Virginia, christened the ship as/ platform was she glided from the ways. i WOULD BE DESTROYED | ‘Wachington, Nov. 19—Launchel as one of the proudest and greatest bat- tleships ever designed by the Ameri- can navy only to be scrapped within a few months appeared to be the fate! of the superdreadnaught West Vir- ginia today. | The American. naval reduction plan; as presented to the armament confer-; be : ence plans:for scrapping the West; Virginia. If the American plan is} agréed to, the... dreadnaught, today: about 65 per. cent complete, will never bo finished or plow the seas bearing the Stars and Stripes. WANTS PLAN EXTENDED ! London, Nov. 19—(By the Associat i ed Press)—A manifesto issued today! by the labor party on behalf of the; Jabor movemens of Great Britain) promises support of any steps that; says this is the last chance for Jones: may be necessary to make the Ameri- | tion the fcllowing November. Republican and Democratic candi- in ‘Bismarck today. dates already were in the’ mayoralty!, When the bill was drawn last win- f a ten-day open sea- Hig 80M on deer the senate amended it to | provide for a five-day open season, {but the amendment was lest. both feet as an Independent. “Let George do it.” He advertised his candidacy by in- serting lines in the advertisement of | is eae his market in the daily papers. ‘ drawn,” Mr. Hogue said, “and the Bets on Himselt, ; Supreme court usually takes the in- Nobody thought he’d win. So he tention of the legislature in constru- bet on himself, offering big odds. | iM& @ bill.” 3 And when the election results were, He said that the law provides one announced, he found he’d cleaned up, enough to pay the campaign expenses. Policies of Oles’ admiistration will S00 SCHEDULE _AMHANGE LAID .. More policewomen, Spooning in parks under police pro- tection. . = ies Every mother an aid to the pbdlice. } Expulsion of crooks, gamblers and _ hootleggers and closing of club bars.} | “We are standing on the Dill as} i “There is no need for deer hunters | to get excited,” he said. “Since the law | provides a buck only may be shot the! hunter should not shoot unless he; ees the buck’s horns, and if he isi careful there will he no fatal acci-| dentz, There were 55 persons killed; in Wisconsin in deer hunting in the! last two years.” | Mr. Hogue complained that some of| the men who last winter promised co-! ‘cperation in gnforcing the deer law it| a short, open season were granted, | already have hunted deer. He names! two local men as being among them. H PRICES SHOW ALIGHT DROP | DURING MONTH | Washington, Nov. 19.—A slight re-! buck may be shot, that hunters must | diner and the rear truck slipped wear distinctive head-dress and must/OUt from under the observation have licenses. ;car. WHEELS COME OFF CARS ‘Train Brought Into Dickinsonj For Repairs Before Pro- i { i ceeding on Way i {* Dickinson, N. D., Nov. 19.—! |The fact that North Coast Lim-| hited No. 2, on the Northern, |Pacific, was composed chiefly of | iheavy steel Pullman cars prob-; ‘ably prevented a disastrous: ; wreck west of here today, ac-' ‘cording to information from! | passengers. i The train was traveling at a; | fast rate of speed just west of! ‘South Heart, which is 10 miles; !west of Dickinson, when a rail, ;SRapped under the train. j Two pairs of wheels came off: ithe baggage car, one pair off the; Many passengers were severe- |! ered themselves extremely lucky that there was not a dangerous wreck. 4 The track is good at the point where the accident occurred and the train was traveling at a fast rate of speed. A wrecking crew was sent out from Dickinson to bring the, train in here, where repairs, were to be made. NEW RULES IN RAIL SHOPS T0 Says Constitution is ; pretext freeze during the night. It may be several days betore the ice is strong enough to bear the weight. of vehicles, BASIC LAW OF STATE FLOUTED SAYS BIRDZELL Reduced to “Scrap of Paper” Under Tax Law Decision IGIVES MAJORITY ‘OPINION The constitution of North Dakota is ‘reduced to a “mere scrap of paper” it} i the opinion set forth in upholding the ; constitutionality of the state tax denies relief on the; the provisions “which are imitation law \Says It Will Be Based on Three | Main Points—Many Nonpar- i tisans Come to Town Bismarck hotel lobbies took on a legislative air today as Nonpartisans jcame in to aid in the suit to nullify |the recent election and some Inde- |pendents came in in advance of the {expected inaugyration of Governor. jelect R. A. Nestos next Wednesday. After considorable discussion of the | proposed contest case to be instituted | in the supreme court in hehalf of Non- | partisan officials and checking of re- |ports from many counties, Edward 'Sinkler one of the attorneys said at juoon today the case was “on.” Mr, | Sinkler declared last night that it was | not then certain action would be taken. and would not be certain until more {counties had been checked. {ac} Three Points: Raised Three points will be raised in the | Suit, he said, that there was not a suf- ficiont number of signers to the recall | petitions because of duplications and frauds; and signatures of persons who had not voted for Governor at the pre- vious election and the constitutional- y shaken up but no one suffer-/ expressly mandatory and prohibitory ed serious injury. They consid-| are Oles will interpret this platform from time to time by insertions in his market advertisement. For instance: “Patrolman Jones was seen drink- West Federal street cafe. Mayor Oles as well as the cafe proprietor. Oles’ can proposa] for naval armament re- ducticns effective and calls for: the ex- | minute, biggest and best in the city.’! tension of the proposal to all forms of armament. imonths. And he didn’t use that for’ light service.” tt | campaign propaganda! iter will be held Nov. 23 before the WILD; NARROWLY ESCAPES CROWD ee Re Cleveland Policeman Shoots Ad Pedestrians Seriously Wounding One pacientes i Cleveland, Nov. 19~Patrolman Mar-! tin Collan, who brother officers de-! clare, was intoxicated, narrowly €3- | caped being lynched here last night; Senator Walsh, Democrat, Montana, | 10-cent loaf of hot bread, fresh every Oles has been supporting 500 fami-|naye been asked by the Commercial | than’ in’ September inc | lies, made destitute by depression’ in! ud the local steel mills, for the last five Now some of Oles’ opponents are trying to oust him from office. He’s promised to turn his salary back to the city for civic improvement. His oponents say that’s technically a bribe. PROPOSES TO DENY SEAT TO FORD, NEWBERRY Washington, Nov. 19.—A resolution which if adopted would seat neither Truman H. Newberry, Republican, nor Henry Ford, Democrat, as senator from Michigan, was introduced by ing a scuttle of suds last night in a| i _ BEFORE TOWNS Local Commercial Club. Asks | Others To Join In Protest i To Commission Towns on the North and South Soo {club to join in a request for “day- Hearing on the mat- ‘railroad commission. | Ima circular letter to towns on the South Soo it is stated the Soo pro- poses that the train now leaving at {11:20 a. m. would’ beginning Nov. {27 leave at 11.30 a.“m. The train from | Pollock, Wishek would arrive in Bis- jmarek at 4:50; p,,m,,instead of 3:45. }dn a.cireular.detter to towns on the {North Soo -it,is ‘stated the Soo pro- | poses, beginning Nov. 7, to have the | train now leaving iBsmarck at 7:30 a. m. leave at 7 a. m. and to make con- nections with the altered schedule of fo. 105 at Drake, arriving at Minot at 3:05 p. m. on train No. 105. The Bismarck train stops at Drake and returns, it is said. “Tf the proposed schedule goes into after he had seriously wounded Mrs. | as the senate went into the fourth day | orrect Nov. 27 it will be. impossible Antoinette Sandore, 28, while shoot- | ing at pedestrains in the vicinity of Central Avenue and East Fourteenth ; street. Three bullets passed througii} the coat of a detective as he attempted to disarm the officer. Not until reinforcements arrived did the throng of approximately 500! persons armed with revolvers and! knives disperse. 1 ‘Collan was arrested charged with! shooting to kill, Patrolman Wm. Mc-| Gonigal, who had been with Collan earlier in the evening, also was ar- rested and booked on a_ charge of; shooting to wound. They were oft | duty. t JOHNSON NAMES © ‘from Grand Rapids, Wisconsin. with ; Bender Kruger, of Driscoll, who is { ‘Charles Simon, of NeW England, will be one of the assistants to Svein- pjorn Johnson, attorney-general-elect, he announced today in Grand Forks. Others will be named later. ] 561 VESSELS WERE LOST LAST YEAR London, Nov. 19.—Steam and sail- ing vessels totally lost, or condemned last year numbered tons, according to statistics publish- ed by Lloyds Register of Shipping. Of these 255 were wrecked, 60 aband- oned at>sea, 80 foundered, 43 miss- ing. 52 burnt, 36 lost in collision, 9 broken up and 26 “lost.” The United States lost 108 vessels of . 159,695 tons, Great Britain 163 of +, 460,503 tons. Grand Rapids, Mich., claims it has never had a bank failure. 561 of 645,603 | of its consideration of the Michigan senatorial election contest. DEVILS LAKE MAN WINS SUIT Duluth, Nov. 19.—A verdict of 9,982 was returned by a jury today in a civil libel suit brought by Clarence S. Burgess of Devils Lake, N. D., against Turtle and company, Duluth grain dealers. The plaintiff sued for $110,- 000. Publication ig several North Da- kota newspaper of a legal notice of the cancellation of contract entered into by the plaintiff and defendant was the basis of the suit. Returns From Wisconsin Sheriff Rolljn Welch has returned charged with selling mortgaged pro- i perty. BANDITS MAKE - $100,000 HAUL IN ST. PAUL St. Paul, Nov. 19.—Three rob- | hers who entered the Gittleson ‘Jewelry company store sometime during the night overpowered Harry Weismann, manager, upon Lis arrival shortly before 8 a, m. today, forcer him to open the safe door and shut off the burglar alarm and escaped with jewels valued at $109,000, according to the police, ‘The store is in the heart of the : business section, ‘to do-any business in Bismarck with- ‘out remainifg over two nights,” says ‘the letter to North Soo towns, “It | will also make practically impossible i physical connections with the East- bound Northern Pacific train No. 4 which leaves here at 7:32 p. m.” ; “It is imperative that in the service on these lines no backward steps be made,” say the letter to South Soo towns. “One step usually leads to another and finally the steps lead to a run and may result, at no distant vice over these branch CAPITAL STOCK ARGUMENT SET Supreme Court of United States To Hear It Dec. 5 The supreme court of the United States will hear argument in the cap- ital steck case on December a cording to information reaching George E. Wallace state tax commis- sioner. The appeal was taken by rail- roads who asked that the law be set aside on the ground that it interferes with the commerce clause of the fed- eral constitution. Under the capital stock tax law a tax of $50 per $1,000 of value of capital stock, and bonds of railroads based upon property used within the state was levied. About a half million dollars in taxes due and to be due before the next ses- sion of the legislature is involved. This is the second time the case has gone to the supreme court. In the first instance the railroads were suc- cessful, the state's method of taxation [being held invalic. MF time, in a straight mixed train ser-| ‘cession in wholesale prices was in-; , dicated during October, the depart: | BE FORMULATED | Ment of labor ‘announced today, the | i | decline representing a little more than} | one per cent. For.the first time since | Railroad Labor Board Will Issue | June the statement. said. farm prod- | . . ucts showed a net’ decrease due to Them in Time to Take Effect on Dec. 1 ithe drop in prices of corn, wheat and | orner grains Other commodities | ; Which apparently cost less in October! | an: ded building!94 ROADS ARE AFFECTED | matéefials and house furnishings, | |lothes and clothing, fuel and lighting and metals showed small increases. | Retail food prices, the statement} said, dropped three-tenths of 1 per cent! {in October, 28 of 43 articles showing! | decreases of from 13 per cent for po-! | tatoes to 1 per cent for bread, baked; Employed in Class One Road Shops Affected Chicago, Nov. 19—New working | diet, MANY UNFILLED | will be completed by the United States | jtime to take effect December 1, ac- i i under a recent ruling of the board. |. Ninety-four railroads will be direct- Bank of North Dakota Real/!¥,, amected by the rules. Estate Department Closed ‘ the shops of these class one roads af- ! fected. i ee i bi aqy| terrupted by the | There are probably, 1,500 to 1,700) which was aera October. 27. ; applications for farm loans on hand! jfarm loan department. | Tho department w as_ reopened! ‘shortly before the election when it} | was announced a borid-sale contract) ited been entered into. Ajlarge num-} ber of applications. were received for! ’ ji = ‘loans. The bank had on hand appli- Norkmens Compensation Com feations for about $1,300,000 of loans mission Appoints Public ' | Which had been on hand since the de | partment closed over a year ago. Group i | ‘The bank has made only 25 or 39 i rloans in this period of the last sev-j| ‘eral weeks since the department was WAGE BOARD The workmen's compensation com- mission has appointed E. A. Williams, | ‘reopened. ‘No more loans will be G.:H. Russ, Jr, and Mrs. C. G. Boise, | aw € i |made pending the change in adminis: of Bismarck, to represent the public/ tures are in reality but a ‘delusion and | tration, Mr. Painter said. The total’ jn conferences which it is proposed to! a snare.’ And if the doctrine of this) number of applications for toans since ; the bank opencd for business 2,500. hold soon ion the subject of establish ‘for women in the state. eee During the summer hearings were LOCAL TRAINS ‘OND RECORD. | held in various. parts of the state av | Starkweather. D., Nov. 19—The| which testimony of women employes [story of the local paper, telling of] was taken to aid the compensation 'the-arrival on time of the local train | commission in establishing new mini- jfor the second time in a year has| mum wage régulations. The law re- achieved wide publicity. Published | quires a public group to review the ‘in most of the daily papers of North | ev and assist the commission. j Dakota, it has been reprinted at St |The minimum wage regulations which Paul, Minneapolis and Des Moines,; were first promulgated were ‘thrown ; beans and other articles of average; rules for the six railroad shopcraft.s | directory character, it follows that all; Which persons of ‘Railroad Labor Board and issued inj passing legislation are directory. It] freely. Approxi-! This is stricken out in so far at least mately 600,000 men are employed in!as it has any application to legisla- Work on the rules was in-' ciple of constitutional law that the proposed: strike! courts will [legislature in the performance of is about. ing new minimum wage regulations; principle of constitutional,law in this; ) a | ity of the method of adopting the re- directory merely,” says the| eg ame ; opinion of Justice L. E. Birdzell,) Cae, rmoaament baa iinet j opentung for a majority of the | There was discussion as to whether !court in holding that the tax limita-; the suit to have the election declared jtion law unconstitutional. Justice; void would be brought against the Bronson and Christianson subscribe; canvassing board or the incoming of- |to the opinion. jficials. It was decided to direct~ it | The validity of the law was upheld} against the canvassing board. j Ben two judges: Robinson’ and} No questions of fraud in the elec- | Grace, held it constitutional and three; tion itself will be raised, the wholo | judges held-it unconstitutional, it be-! suit resting upon the petitions. ‘It {a ing required that four judges hold @{ alleged, Sinkler said, that therc was law unconstitutional to make such a'no valid election. decision effective. The opinio of the! Twenty-five or thirty Nonpartisana, three pudges holding the law valid) including ‘Representatives ‘Del Patter- |was not filed at the time decision was |Son and Vogel, arrived here to aid in. j rendered, the. decision heing pro-i checking aud more were expected in ;mulgated as quickly as. possible be-| tonight. The suit was characterized cause it affected this year’s tax levies. by ‘Sinkler not as a contest but aa Discusses ‘Constitution | action to declare the election void, Independents Here ae holding the purpose of the, Theodore Nelson, secretary of the was changed during passage,| Independent Voters association, con- thereby making ‘it unconstitutional, ferred with many Independents here \ Justice Birdzell discusses further the} but said his visit had no unusual sig- jcase involved as follows: { nificance, Governor-elect Nestos 18 ; “The opinion of Mr. Justice Robin-; expected to come to Bismarck the json argues that because excessive | first of the week. Mr. Nelson, who [taxes had become a political issue, the | does not regard jthe contest seriousl;, i legislature was not bound to observe) declarc] John B'oom instituted the ‘constitutional requirements in the pas-; movement after R. A. Nestos refuse: | sage of seeislation to relieve the situa-|to promise his retention on the ‘fish ‘tion, and that, if bound in any way! and game commission. {to observe such requirements, the: Many Independents who are seeking |failure to do so should be overlooked positions in the new administration ‘in view of the concurrence being un-; or have been asked to aid friends have | Awproniountery 600,000 Men Are, 2"imous in one body and nearly so in! been circulating around hotel jlob- | ithe other. The further argument in; bies. Sumday and Monday is expect- | that opinion, as we read it, is that-| ed to see a big increase in the num- jas there are certain constitutional | bez. | provisions with reference to the man-! Many arguments between Independ- {ner in which adjournments be taken,; ents and Leaguers over the contest | etc., which must of necessity be of a! took place in the free discussions in varying political requirements as to the manner of| Views mingled and discussed politics will readily be perceived that this | zs | cording to announcement of the“board i logic strikes out of the Constitution | | made public today. Issuance of these; that portion of the Bill of Rights; B | rules will pave the way for railroad; which fs contained in Section 21 and AN RE ; management to raise the question of! which reads: ‘The provisions of this ; Tevision of shopcraft wage schedules} constitution are mandatory and pro- ARE SHIVERING Storm Is Moving Down Upon Eastern Portion by express words, hibitory unless, to be otherwise.’ they are declared tion. It is a well established prin- not interfere with the Washington, Nov. 19.—The’ north- [legislative functions nor direct HOW! west and plains states shivered today ,at the bank of North Dakota, accord- | |they are to be preformed. From this ‘ing to J. A. Painter, manager of the | it. necessarily follows, under our | government — through in an area of low temperatures which Site ot | set a record of 26 degtees below zero coordinate branches that those who! pir ihr rage eeera On aie are injured by the failure of the legis-/ peratures were reported today in the uizcrienta bald’ dows im the Cow | Dakalss, aolihiors: Wrorning, Monta stitution can only seck relief in the| Colter weather was Mr orucncts fort: courts after the legislative act is com-|Qignt in portions of the middle weat pleted. If relief me then denied on the | gare of the Mississippi river toward pretext that provisions which are €X-| which the low temperature was said pressly mandatory and prohibitory are tq ye moving. irect constitution is PEMBeR tate mens Bray at haber Tt) jut eastern: portion of the country no longer stands as the fundamental : Wether’ aving abnormally warm of the state. Its protective fea-; —_—____________» | Today’s Weather | o>—_—___—___________» ; state the Constitution should be re-; For 24 hours ending at noon No- | pealed in toto as a document inimical vember 19, 1921. to the public welfare on account of; Temperature at 7 a.m. ... the false hopes it inspires and the false; Temperature at 8 a. m. security it gives to individual rights | ‘Highest yesterday ..... against governmental encroachment.; Lowest yesterday The whole history of our constitution- Lowest last night . al experience will be searched in vain; Precipitation .... tf to find an instance where legislative; Highest wind velocity ........ attempts to settle political issues or, Missouri river froze over at 7 unanimity of action on a given sub- opinion is to become the controlling Weather Forecast fowa. Chicago, Nov...19.—Seven people were instantly killed and a funeral limoisine in which’ the where riding was demolished*when a fast Sante Fe train crashed into, the machine between Summitt and Lyons this af- ternoon. ‘ “Part of the ‘victims’ ;bodies and out in court. RRA ARR ARR RRR ARR AAR SEVEN PERSONS ARE KILLED IN GROSSING ACCIDENT NEAR CHICAGO fragments of the machine were strewn along the track for nearly a mile. The accident occurred at a bend in the road and it is thought the driver was unable to see the approaching train on account of a driving snow- storm, ject hag been judicially recognized as; a reason for subverting the plain, anguage of the dunamental law. Has} the day of actual legislative supre-| macy arrived? Are the Bill of Rights and the Constitution no longer ‘the| jlaw of the land’? 1 | The 4 Judges Amendment i “It may he true that the amend-; ment to Section 89 of the Constitu-| tion requiring the vote of four judges) of this court to determine that an act of a legislative assembly is uncon- | stitutional, evidences a desire on the ‘part of the people to accept more completely than they have in the past, legislation at its face value; but by) (Continued on Page 2) ‘ Fair tonight and Sunday; not so cold Sun- jay: For Bismarck dnd Vicinity: For North Dakota: Fair tonight and Sunday; not so cold Sunday and in the northwest portion tonight. —ORRIS W. ROBERTS, Meteorolo: FOOTBALL SCORES At the end of the second period: — Hamlin 7, North Dakota 0; Illinois 7, Ohio State ¢; Michigan 17, Minnesota 0; Wisconsin 0, Chicago 0. Final: Har- vard 10, Yale 3. End of first: period: Iowa 7, Northwestern 0.