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The Weather Generally Fair FORTIETH YEAR , THE BISMARCK TRIBUNE | Last Edition | BISMARCK, NORTH DAKOTA,TUESDAY, DECEMBER 13, ’21 PRICE FIVE CENTS - PACIFIC PACT FORMALLY SIGNED % AUDIT COMPANY URGES DRAK STATE CANNOT |“MID-WINTER SPRING’ ” BRINGS ENVY AAR ARAN, CHRISTMAS IN ee E MILL BE CHARGE EDITOR SOLD Rotary Backs Contest | For Most Polite Clerk; PRESIDENT SOON TOSEND TREATY : Prizes Are Offered Members of the Rotary club are! fathering the contest for the most! 10 U.S. SENATE _OFTHOSENOT HERETO ENJOYIT “EVERY HOME IS | WITH CONTEMPT Bismarck was iu the midst of “mid-winter spring” today. _ MAKE MILL PAY SAY AUDITORS Equitable Audit Company Re- * ported to Industrial Commis- "sion Success Impracticable BASED ON INVESTIGATION Difficulty of Reconciling Ac- counts of Mill Manager Are Found The Industrial Commission as for- merly constituted by Lynn J. Frazier, William Lemke and John N. Hagan was advised by the auditing firm it em- ployed to audit the accounts of the Drake mill, that the mill should be sold. “It is oun, opinion that the only manner in which this property can One of the most protracted j; mild speis In the memory of old residents brought out signs of spring on all sides. Pansles were picked In Bismarck flower beds, Mandan reported that crocyses were found on_ hillsides and Jamestown sald that real straw berries were growing there. North: Dakotans wintering in : California bid fair to suffer from | envy when they hear from friends of the weather iere, The thermometer had risen to } 48 here at 11 o’clock and was ex- | ~ ISSLATED FOR DECEMBER 15%: The Governor asked that “every | worthy poor of the city. Donatons i sca eee home in our state be decorated pro- jare asked by the Army only for this 7 ; j fusely on the evening of December jspvcial service of Christmas dinners. | Assistant Cashier of Scandina-' 17, 1921, with Forget-Me-Not flowers | Ensign Thomas Homer also an- record—62 is the record for De- | cember—the warm spel is one of | the most lengthy, on re¢ord, | The ice In the Missouri river cuts Tenaelowaly as it refusing lo ulve w e fight. Water was tas . . running on the edges at Wash. | Aid in-Supplying Christ- burn and in some places over the i top of the ice, and the same con. mas Dinners dition obtained here while further south the giver was entirely tree of a bed of ice. The ice has grad- ually disintegrated in’ many | places and a run-out is not ex. | y pected to cause any damage. {Many Calls Received From Outside City For Clothes CALLS FOR CLOTHIN The Salvation Army wants every heart in Bismarck happy at Christ- VETS OF THE, WAR, mas-tide. . | In addition to its daily work of re- A proclamation asking citizens to |lieving distress, the Army wants to Observe *‘Forget-Me-Not Ray,” Dec. j supply Christmas: dinners of good, 17, was issued today by Governor Nes- | substantial food in baskets to the stained through the day from the PLAN OF ARMY Court Against R. R. Me- ' Clintock, of Fargo ACTION IS |. ¢lares It Is Duty To Pro- tect the Courts Declaring it is the duty of officials of the state to enforce the protection given by the constitution and laws, i“especially our judges ‘in’ the per- formance of their duties,” Attorney- {General Sveinbjorn Johnson today {outlined his reasons for instituting contempt charges in the supreme OF HIGH COURT, Salvationists Ask Donations To! Information Filed In Supreme EXPLAINED, Attorney General Johnson De-; be operated is through an ownership | of some individual who will place it; back in line with small country mills | doing a general grinding business, | grinding feed and handling side lines | —_——_ i of coal, etg,” says a report submitted ; j ‘by the Equitable Audit Company. HAS BEEN OUT ON BAIL “These small mills usually pay when; oo a | operated in this manner by someone | Fargo, N. D., Dee. 13—Trial of} giving his day and night attention to| Frank C. Heaton, former assistant) it along these lines.” | cashior of the Scandinavian American | vian American Bank Charged With $75,000 Shortage This is the recommendation of M. lic CITY'S NEWEST ican Veterans of the World War.” THEATER 10 BE epresentatives of the disabled Amer- | inounces that there are many calls now for used clothing, many of which come from farms and small towns loutside of Bismarck, and the Army lcan use all serviceable used clothing {that may be given it. x In announcing the plan to provide ;Christmas dinners, Ensign Homer {said: Bets “With a feeling of confidence we again ask you to consider our Christ- mas Dinner. The sorrow and poverty, W. Thatcher, president of the audit | bank here is slated to go on trial here] | Thursday, Dec. 15, charged with company, in a report submitted in No- vember after a check-up of the busi- Pj ness of the Drake mill for a period; rested March 15th of this year after from October 15 to October 31, which! snortages of approximately $75,000 followed an audit up to October 15./ were alleged to have been dis covered The letter of transmittal with the|in his accounts. Since his arrest he| audit figures is undated. ‘has been at liberty jon bail of $20,000} The first, erly i audit report was made public yester-| pending the trial of, his case in the| [ ¢ \ Cass county district’court here. day.” fi h The auditing company further says), Heaton’s alleged peculations, inves-| that: “Based on-our previous audit | tigation showed, had. extended ove?) report to you and as a result of fig- | two years and included shortages of ures learned in this investigation we | $48,003.33 in the savings accounts and can. .state-that it 48. our opinion -hoth ' Mensa ied un the scat balance, which sin he 5 ihe‘ handled -according: to an audit o ia iy Hee ee eee ea the BdOks A state mele compiled by e N, . C. 4 , assist- audits and. this statement, together | \:,7- ere at the aera with the experience of the actual’ american bank, now defunct, showed | operating of the mill had by the au-!thgse shortages and was signed by! thor of this statement, that the Drake! jieaton, according to L. C. Reep, re- mill should ‘be closed and sold and no shortage of his accounts when i employ of the bank. Heaton NAMED CAPITOL: exists, even in the most pros- {perous times, ig well known to us all. Will Open Doors to Public Soon, : It Is Announced, Work Being Pushed Bismarck’s newest theater will be named The Capitol, it was announced today by G. E. Wingreene. The show- house will soon open its duors to the public | The remodeling-.of, ‘the. theater,! which is located on Main street in the ‘Hotel McKenzie block, was begun last August and has been pushed’ rapidly, two crews of workmen having been employed continuously. The entire structure has been made the widow with the The aged in need, helpless hungry little children, taken by sickness, and are in financial fistress—it is for such as these we solicit your aid to furnish them with a Christmas, dinner in their home on Christmas day. “The Salvation Anry ar2 now in the midst of this. undertaking; the sup- plying of Christmas’ dinners of good, substantial food to the worthy poor of Bismarck who would otherwise go hungry. fi “We mot.only jake care of them at Christmas time, but our trained workers are ever on the go, provid- ing food for the hungry, raiment for the poorly clad, shelter for the: homeless, employment for the unem- ployed, and. in other ways making appeal of thoge who have been over- | longer operated by the state.” Accounts Tangled? Accounts of the Drake mill have been muddled in handling, according to the audit company’s report. It de- clares that its audit report for the period of October i5 to October 31 lacks weight because information giv- en it b F. J, Gorman, local manager of the mill, are obviously incorrect. With respect to its previously detail- ed lengthy audit covering, the period from April 27 to Oct. 15 the audit company holds its report to be only “approximately correct.” , Discussing “ reports , submitted , for ceiver for the closed bank. of fireproof construction and {Wwe ex-!tire’s hurden lighter by these minis- (Heaton, according to O, B. Lofthus,! i state bank examiner at the time jof the ‘arrest, confessed to him and absolved anyone else connected with the insti- tution from blame. He said, accord- jing to ‘Lofthus, that he had not specu- ‘lated with the money, but had “just {spent it.” | After his arrest Heaton denied that he had embezzled money from/ the ‘bank and declared that he “would ‘make it hot for somebody.” | “According to Mr. Reep, first knowl- ‘edge that there was a shortage in the bank's funds was broughg to light | through, an audit by Examiners Me- ‘Ananey and Dickinson Which disclos- ed a shortage of only a few thousand | dit by the manager of the Drake z mill the audit eomipaly report says: | dollars. Further javestiation, yoy “The statement submitted for: our | CVeT aeqoraing a toanL digerepan'| investigation is obviously grossly ae] brought 12 Hite entry in'the books.’ | Parle ad Jn; the absence ee aa As the investigation progressel| feed, ete "vheat used and further, | the, anor ee lactones esi at| , ete., , ai nally w! q z due to, lack of-information as to ths eee as called to the matter he kinds, , quality and the size, and! aqmitted the shortage. ly amounts of production sales, we are! (He was permitted to resign his po-| its further guard the patrons from fire| danger. The box office of the new Capito! is done in mahogany and dark wood with artistic display windows on trations. “This is not the first time we have appealed to the people of Bismarck either side, The foyer is separated from the Auditorium by a velour cur-| tained partition. The auditorium is! spacious and lofty and an impression; of roominess is conveyed by absence of pillars and posts. The 500 seats will be arranged com-} fortably and every patnon will have a| clear and unobstructed view of the screen. In the auditorium as well as} throughout entire theater the mod-| ern Italian decorative style of which! artistic simplicity is the keynote has! been followed. Colors are grays, blues; and old rose relieved by fold. nouncement of opening date will be| given soon. , FOUND SHELLS, An-! nor the first time they have strength- ened our hands so that we have heen, able to help the needy in their ex- tremity. “A generous response at this time j will enable us to,do a greater work {than ever before.” MAKES MOTION FOR NEW TRIAL A motion for new trial has been j filed in the case of H. W. Matz, charged with selling mortgaged prop- erty, by his attorney, E. B. Cox. The action was taken ‘by Mr. Cox following a verdict of guilty with recommenda- tion by the jury for clemency in the Matz case. Judge Coffey, upon filing proceedings in the case and will hear argument on the motion for new trial at the end of the present December term of court. of the motion for new. trial, stayed all | court against R. R. McClintock, edi- tor of the Fargo Courier-News. The supreme court has under con- sideration the; information of con- jtempt filed by the attorney-general. The information is based upon a com- ; munication published in the Courier- | News and an editorial following which | Mr. Johnson declared was a charge | that the entire court was corrupt. The | editorial was particularly directed | against Justice J. E. Robinson and} assailed the supreme court for its ac- tion in refusing to entertain the suit jto nullify the recall election. Mr. Johnson said today: Attorney-General’s Statement. “During the past four or five years it has been customary with a certain class of newspapers in this state, whenever any person or official dis- \agreed with the economic and political theories which they chose to cham- pion, to charge such: person or offi- cial .with dishonesty or corruption. That practice has ‘been so common that we have almost become calloused. Not only. have individuals and certain public’ officials been thus. maligned but the Judges of our Courts, when decisions have been made that did not harmonize with the political purposes of the selfish ends of this particular ‘lass of papers, have been charged with corruption and incompetency. It is about time that the protection which jthe Constitution and laws of this State throw around officials and especially our Judges in the perform- ance of their duties be enforced. His- tory shows that Courts have become venal and corrupt only in those in- stances where they have been sub- polite clerk in Bismarck. Two prizes have been voted. One of $5 will be awarded to the most polite woman most courteous man clerk, committee of Rotarians A special! has been! | Bamed to pass upon the recommenda- jtions of the public and results will! | be announced by them, Patrons of Bismarck stores are ask- ed to vote at_once and give their im- pressions. If you do not care to write 1a letter just give the name of your favorite clerk and mail it to Rotary Courtesy Contest Department, care of | | Bismarck Tribune, i | Just vote for two: a man and a wo-! man, 1 } CO-OP FARMERS’ MARKETS URGED BY COMMITTEE Joint Congressional Committee} Prepares Recommendations To Congress i i { { | | | { COVERS FOUR SUBJECTS! i | Washington, Dec. 13—Legislation to| legalize cooperative combinations of| farmers for marketing and distribu- tion of their products and to provide for agricultural attaches at American! iconsulates in foreign countries will| be recommended by the joint congres-| sional commission of agricultural in- quiry, according to Chairman Ander- son who announced today that part of the commission’s report would be made public before the end of the month, The report, he ‘said, also will stress the need for more adequate wholesale terminal facilities. Findings of the commission, ac- cording to present. plans, will be di- vided into four reports, the first to deal with the agricultural crisis and its causes to be followed by reports relating to credit, transportation and distribution and marketing. clerk and another prize of $5 to the|' American Delegates First to Sign Treaty, to Provide Peace in Pacific \U, S. MAKES RESERVATION Japan Must Sign Agreement On Yap Question To Make Treaty Effective LA FOLLETTE OPPOSES. Washington, Dec, 13,—Declar- ing that the new four-power Pa- ditie treaty had “all of the In- quity of the League of Nations with none of the virtues claimed for the document,’ Sen, LaFol- lette, Republican, Wisconsin, to- day announced that he was pre. pared to do all “in my power to prevent its ratification.” Washington, Dec. °18.—(By. the Associated Piety one new quadruple treaty to pre- serve peace in the Pacific was formally signed today by the plenipotentiaries of the United States, Great Britain, France and Japan. The signatures were affixed in the ante-room of the office of the Secre- tarv of State. There was no formal ceremony and no one was present ex- cept the plenipotentiaries, their sec- retaries and advisers. _ The American delegates, the first to sign under an alphabetical arrange- ment of the powers, put their names to the document and affixed their seals a few minutes after 11 o'clock. The approval of the United States was given, however, subject to a writ- ten understanding with the Japanese providing that the American-Japanese treaty regarding Yap must be con- summated’ before’ the four-power agreement is binding. Requires Ratifieation. Except for this. reservation which is expected to be erased within a tow days by signature of the Yap treaty the new Pacific agreement now re- quires only parliamentary ratifica- tion by the various governments to make it effective. The American official copies of the ‘locument now goes to the White Houso for transmission by president i Harding to the senate. The new pact, ; very short time. YAP SETTLEMENT jected to the persistent pressure of scheming and selfish political inter- ests. We think that the time has come \ in this State when the Judges of our ; }local Courts and our Supreme Court | jmay render honest decisions accord- | ing to the law without béing exposed | !to charges of fraud and corruption in ! terms in themselves libelous at the | hands of irresponsible demagogues and propagandists.” WHAT FARMER | _ Washington, Dec. 13—(By the Asso- | ciated Press)—The American and 4 | Japanese governments. have composed — "4 ‘|their differences over the Pacific 1s- Wheat Receipts Indicate a New) !and of Yap, and are preparing to sign if ia treaty by which Japan retains admin- High Record For Several _| istrative control over the island and Y tha United States secures the cable ears ;and wireless | privileges there for which she has contended since the WANTS 'T0 KNOW Buffalo, N. Y., Dec. 13.—(By the As- | sociated Press.)—Nearly a quarter of | a billion bushels of grain have been jreceived by lake and rail thus far} ithis season indicating a high record {for ten years and one of the heaviest! movements of grain in the history of the port. Every elevator on the water front is | full and 54 freighters are moored in the outer harbor with 2 million bush- | Paris peace conference. In the same treaty, Japan’s league of nations mandate over Yap and all the other Northern Pacific islands formerly under German sovereignty is, given. recognition by the United States on certain stipulated condi- tions. These conditions include pro- vision for free-admission of mission- aries and protection of American in- jterests in the mandated territory and unable to give any further informa-| sition with the’ bank January 6, on tion thay previously recited. | promise to make good the losses, and 7 “We have, however, peen able to this he has done in part, Reep said. set up schedules and results that show: Later it was decided to lay Se ro | Admitted As Evidence In Burch; to you that from his own figures, our ter before the attorney gen 's aN z report as at October 15th, 1921 1s/ fice and Heaton’s arrest followed. Murder Trial approximately correct and that the! ‘Heaton is 35 years old, is ma! only changes that could.be used to ef-, and has one child. equire that Japan shall report to the Unted States as well as to the league iJ. R. Howard Addresses Illinois |the grain afloat will be moved on to ‘on details of her administration of the, ; the seaboard by rail before the har-! mandate. CTRIKES LOOM | Manufacturers ”y | ‘por: freezes but much will be held!. The Yap cable and wireless rights, Chicago, Dec. 13.—“The big prob- ; aboard until spring. regarded as highly important because Y RK: lem the farmer is most anxioustohave) Official tonnage figures for the year of the island’s advantageous position solved is why when the agriculture; will not“be~available until navigation | in the center of the Pacific group to output is growing at a fairly even | closes next week, but statistics avail-| the south of Japan, are accorded by els of grain in their holds. Some of | Los Angeles, Cal., Dec. 13—Otis M. i Wiles, Los Angeles newspaper report- would be to the extent that any of the fect any change in our statement, ' TART TEST ‘er, called yesterday by the state as a | T Burch, charged with the murder of J.! Cctober 15th inventories were not cor- rectly stated. “This latter feature is a most im- probable situation because our state- ment of statistics ‘shows that by weights and manufacturing percent- CASE ON HOMES witness in the case of Arthur C. Belton Kennedy, was expected to} continue his direct testimony at the! resumption of the trial today. | Wiles testified yesterday regarding| two empty shot-gun shells said to} Building Trades and Rail Men Fight Cuts. New York, Dec. 13.—New York's in- | rate the industrial output is “violently | able at the Corn Exchange and esti-;the treaty to the American and Jap- dustrial horizon assumed a more pes-| eration told the Illinois manufactur- jers at their annual convention ‘o: day. President Howard declared that the | farmers purchasing power in general spasmodic,” J. R. Howard, president | mates by elevator owners and grain, 2nese of the American Farm Bureau Fed- ! shippers indicate that the quarter alike, | billion mark will be reached and pos; sibly passed. governments and _ nationals on terms iof absolute equality. In the exercise of these rights, | American nationals are to be free from i taxes, licensing, censorship and every ‘form of discriminatory supervision, | and in addition are to be aided by the ‘RULE WOMEN ages. the figures we did use have been | have been found near the cottage in! simistic outlook today. Two great} Japanese government in securing very nearly correct. “The only further information that could be given on this subject would be as the result of a detailed audit of the last 16 days.” | Attorney General Johnson To Begin Action Here i | Taxes on all state-built houses on} which taxes have not been paid will he settled, it was decided today by; the Industrial Commission. figures arrived at by the local mana- By agreement, taxes will not be paid! i . Light in Bis- i diting com-| Upon the homes of E. H. Ligh i Ban n ey Seay the Peas marck and this will be used as the basis f Eek aan ; Homebuilders houses, ! % “obvi Fy ot.” | for a test suit. ants figures ere, chyipualy. parties both in Fargo and Bismarck have | the AIRIN 6: presen $6 oe 31 but: been advertised for sale because of, ‘ be Stat “py Non-payment of taxes. | the auditing company says ‘that. ‘by Attorney General Sveinbjorn John-! the best reasoning possible ‘and BIV- | oon hopes to bring many important | eae eneie tothe; mille are questions involving the homebuilders - over-stated amount of $5.000.00, which seeociat on before the courts: in the would leave the mill with a profit for; eRe, 16 davs of $1,123.31.” The audit re-) port then proceeds to state that these | figures are unreliable without further ; investigation. iS i Disagree on Figures, This report of the audit company’ * shows a great difference between the NEW EXAMINER’S DEPUTY NAMED, In referring to its October 15th re- S ; fF | 0. T. Nelson, of Stanley, has beer nort the audit comvany says to the! inted i 3 { Indnctriat. Commission: : [appointed deputy state examiner to “The manner in which the accounts) northwestern part of the state. His pre etated renresents a rather incom- headquarters will be at Minot. Mr.! sorily cot forth in this manner in or-|in county offices of Mountrail county der to follow his (Gorman’s) arrange-| for several years. He fills a vacancy. ment of figures for the purpose of re- — — coy Memant.t VIENNA BROKERS STRIKE Yt calle attention to 9 possible dif-| Vienna, De¢. 12—Members of Vien- fenlty en the vart of the commission |'na exchange stopped business, pro- jn tracing some Sonres, saving “You testing against the bill proposing a tax may hava'aome diffienltv in locating} on each member of 1200 gold kronen (Gontinued on Page 3) or 1,250,000 paper kronen a year. ¢ Beverly Glen near here where Ken-} nedy was slain last August. A boy; living in the neighborhood had found | them, Wiles’ said, and turned them; over to the reporter who had marked | them with his initials. They were admitted as exhibits over the objec- tions of the defense. KANSAS WOMEN MAKE ATTACK Demonstration | Leads Against Miners Again Pittsburg, Kan., Dee. 13.—The mili- tant women marchers of the Kansas | coal fields, followers of Alexander Howatt, -were in action again this morning. Storming two mines of the Central Coal and Coke company thgy }away. 100,000 men in the metropolitan are? ; mainly due to the curtailment of in. | was only two-thirds of what it was be- | strikes that would involve more than; fore the war. In my judgment this is | * iolence featured the attack of the }, prehensive ntatement but it is neces-| Nelson has been-engaged as a deputy, women this morning. The crowd was appeared against a background of important labor disputes already in progress. Rumblings of wage dis-| putes came from two quarters, the} railroad maintenance of way and) shoveraft employes and the building! trades, | Of these the threatened strike in the! nearly 109.090 men here. declared yesterday. i Railroad men stated their position! by unanimously voting to demand im-! mediate. increases of about 17 per} jeent, ~ i '7 CHILDREN Detroit, Mi Dee 13—One man, and seven. children were burned t) fleath and three other persons were; examine city and county offices in the | stopped work and drove 85 miners | badly injured ina fire that destroyed | the home on a ten-mile road 2 1-2! t of Royal Oak today. The | man named Wakeu and his | ‘larger than the mob which stormed the Jackson-Walker mine near Frank- |lin yesterday morning. That mob | was estimated at 2,000. This morning the women threw stones and red pep- per. The dinner buckets of the work- ing miners were seized~and the con- |tents thrown on the miners and offi- cers, : and three children vis- keu family. U-BOAT CONVICT GONE Hamburg. Ger., Dec, 12—Search has heen started for the T-Roat Officer Roldt, who escaned while serving a four-vear term for sinking the Tlan- dovery Castle, British hospital ship. BURN TO DEATH | ‘dustrial output while the agricultural {output continues practically normal. ROBBERS GET $13,000 HAUL Mount Clemens, Mich., Dec. mbile heading for Detroit. MENNONITE COLONIES LEAVING | MAY BE JURORS: | ‘Des ‘Moines, Ia., Dec. 13—The right! jof women to serve a8 jurors was up- ‘held by the Iowa supreme court and handed down today in the case of the | state against Walker. i 1 1 | PARROT IGNORES MEN | London, Dec. 13—Among_ the 890! 13— | animals and birds brought to the Lon-; building trades alone would affect; Two armed robbers held up the half-!don 200 ‘from Australia is a black- jer's pet and father’s joy,” is one of ! the bird's sayings. CANADA FOR THE UNITED STATES: Regina, Sask., Dec, 13—While it is belleved that within a year most of the Mennonite colonies in Saskatchewan will have left the province the destination of some of them is a matter of conjec- ture. The first Mennonite party is now on its way to Alabama and others will follow to other parts of the United States. Some of the colonists have sent emissaries to Mexico, Florida and South Amer- ica but whether any of the Sas- katchewan Mennonites will mi- grate to these places is not known, The members of the sect | are most secretive and while it is known that most of them contem. plate leaving western Canada they will not announce their destina- tion. READY FOR PLOWING Yellow Pine, Ala., Dec. 13—One thousand Mennonites occupying 18 cars arrived here today from (Regnia, Sask. The colonists brought with them cattle, sheep, household effects and farming im- plements and they are prepared to start housekeeping and prepar- ation of the soil for next year’s crops. needed property and facilities The immediate value of the arrange- ; ment to the United States lies in the ; goncessions with regard to cable com- | munications because they insure com- | plete American control of the existing cable between Yap and Guam. Con- | siderable importance’also is attached by American officials to the radio privileges although it is to be agreed in the treaty that no American radio station will be installed so long as Drastic: way state hank at Half-Way near here: tailed parrakeet which will reply to|the present Japanese plant is operated wige cuts to be dra¥ted tomorrow will) and escaped with a sum estimated at|questions of women only. “I'm moth-| without discriminatory exactions. be fought to the utmost, union leaders, $13,000. The bandits fled in an auto- “LUCKY TOMMY” STILL IS FREE Gunman Who Escaped From Jail Not Captured Chicago, Dec. 13—The chase of ‘Lucky Tommy" O'Connor, condemn- xd gunman, who Sunday with two companions escaped from his cell on the fourth floor of the Cook coun jail, continued today with his where: abouts as much iof a mystery as it was an hour after his sensational escape which cheated the gallows of anoth- er victim. O'Connor was to be hanged Thurs- day for the murder of a Chicago po- liceman.