The Bismarck Tribune Newspaper, December 15, 1921, Page 1

| GE-)THE BI CK TRIBUNE [aa= FORTIETH YEAR ) ‘ BISMARCK, NORTH DAKOTA, THURSDAY, DECE MBER 15 PRICE FIVE CENTS ONVICT POWER LODGED IN CITIES TO. GOVERN DANCES Attorney General Johnson’s Of- fice Rules on Request of Local Women « ; o : | STATE FUND EXHAUSTED: License Department Has $4,700! of Unpaid Bills, Official Reports City authorities have power to pass/ ordinances fregulpting public {dance j ’ halls, according to an opinion of the A A eee SHE BELIEVES IN SANTA CLAU GERMANY CAN'T. PAY WAR DEBT _ DUE NOW, CLAIM | {ey | | Tells France She is Unable to | Meet Reparation Payment | on Jan, 15 IASKS FURTHER CREDIT ; Reparations Commission Ex- pected to Take Action | Upon Request | ‘Berlin, Dec. 1! By the Associat- ved Press.)—The German government, AKES DAR HEATON PLEADS NOT GUILTY AS American Bank Resists I Charges TOOK $78,000 is Confession Made By Him ( “Fargo, Dee. 15. Trial of Frank C. HIS CASE OPENS 7 Former Teller of Scandinavian- CHARGE: State to Rely Largely on Alleged Heaton, former ‘teller of the defunct} ING ESCAPE SURRENDER SCALES WALLS “OF OBLLHOUSE, -FLBES 10 oi | Bloodhounds Put on Trail of | . Charles Bryer and Track Him to Bismarck { | 3rd ESCAPE IN TWO YEARS Bryer Was One of Four Men To Escape From Prison Over Year and Half Ago — | Charles Bryer, 24 years old, is at large from the state peniten- | tiary today, after making a dar- office of Attorney General Svein- bjorn Johnson. The opinion was rendered in a com- jt was announced today, has informed | Scandinavian-American bank of Fargo ithe committee of guarantees that it cee } is impossible for Germany to pay the!" pa aes ee rai ee munication in reply to a‘ request of the organized women of Bismarck through the Community Council. The women had asked the city commission to regulate dance halls and was re- ferred to the state licensing depart- ment. There is no state enforcement de- partment at present because the funds of the division of the attorney gen- eral’s office were exhausted when At- ternéy General Johnson took office. | N {sum due in reparations Jannary and that she consequently asks a mor-} atorium. If the moratoriym is not granted, tho ; German government, it was stated,| will be compelled to have recourse to! a credit operation in order to pro- cure the necessary funds by means of| i) loans.. FRENCH RECEIVE WORD. Paris, Dec, 18--(By the Associated Selection of a jury which: was expect- ed to occupy most of the day was Started this morning. | Priating approximately $38,000 of the bank’s funds in approximately two years, Since his arrest Heaton has insisted he ‘would be able to.clear himself of the charge and explain any state- ‘Heaton is charged with misappro:} | i ing and clever escape over the {prison buildings. Bloodhounds jtraced him to the Soo depot in Bismarck, and word was sent broadcast today for authorities to watch for him. ‘t his second escape here. He j Bot out of the prison a year ago last ; March when four prisoners tuhneled | out under the dining room walls. He | was captured several months ago in A report by the state auditor is to i Press.) —The German government has; Ments admitting’ t h e peculations | the effect that the funds of the de-{ partment are overdrawn $2.46 and| there are unpaid bills in the amount | informed the allied reparations com- j mission that it will be “unable to ;Mmeet fully the reparations payments heretofore regulzhily inspected and) quest of the state banking board to) reports’made to this office. | permit it to put into effect without “In this connection, we regret to| delay .its plan of consolidating re) advise you that the state licensing de-| ceiverships and effecting: economi partment is almost entirely disor-| in the administration of the affairs ganized due to the exhaustion of| cf closed banks. | funds and. that it will undoubtedly; Aboyt half of the receivers have re-| take considerable time to reorganize; sponded tothe request to submit their the department on a basis that will| resignations. Among those who have). insure adequate and proper enforce-| refused to resign are some wkj are ment of the laws relating to the li-|the “most incompetent and the most; censing and inspection of public dance| expensive of all the réceivers appoint-| halls and similar institutions Ac-|ed during the past summer and fall,” cording to the state treasurer’s re-| according to a member of the banking port for the month of November, 1921,| board. ; Was rife among court attaches this | morning following instructions on the i subject which Judge Sidney Reeve |gave the jurors in the case. yester- h day. |* The judge stated he himself had | received letters of this character and a | thought it possible others might have “§-5-3” RATIO ao ae i been or wonld be sent to the jurors. He asked the latter to turn over to Worked Out By Committee and) Submitted to the Big ihim any such communications, which might reach them so the proper auth- orities could be notified and efforts | be made to trace the senders. Judge Reeve declined to divulge the| {contents of the letters which he had ‘make it hot for somebody.” j however, according to which he is said to have signed. The state, it is stated, is depending on {these statements to convict him. After hig arrest Heaton denied that he had embezzled money fnom the! bank and declared that he “would; First Knowledge. of Loss | According to Mr. Reep, first knowl-; edge that there was a shortage in the bank’s funds was brought to ligit! through an audit by Exatniners Me-! Ananey and Dickinson, which dis- closed a shortage of only a few thous- and dollars. Further investigation, \ the receiver, brought to light additional discrepan- | cles and a false entry in the books. As! respondent of the Morning Post. velopment ‘and coordination of the Ul-! ster defense movement have been tak-| * Kenmare policeman and was cap- jen in Belfast, according to the cor-| | ;, General Pershing may have trim- j Med the Germans, but’he surrendered ciated Press)—Sniping was re- sumed jin the vicinity of Marrow- bone and York streets last night. The police fired on the concealed gunmen. The only casualty re- Ported was the wounding of one Kansas and was brought back to serve the rest of-his term of five years for assault with intent to commit rob- hardened criminal. His escape |; night could not have been nade: by any other than an athlete, they de- clare, This makes the third escape for him in less than two years, Matter he man. London, Dec —Preliminary steps | in an extensive movement for the de-! He ; escaped from here a year ago a last larch he was sentenced to oné-to 15- years in the Iowa penitentiary for burglary. Last Christmas day he og- caped from the Iowa prison . with Charles Welling, who Tecently killed tured at Minot, and is being returned to the Iowa penitenitary: to complete a life sentence the funds of this department’ were! overdrawn $2.46, while there are “un-! In some cases these recelvers have gone to the courts after their resigna- Three the investigation progressed the short: | for murder. Welling j received except to say “they were not reports that the Grand Orange Lodge | was brought to the penitentiary here i ‘i ditor’: i fon was requested and asked the a i threatening.” age grew worse, according to Reep. | o¢ Irelarid—the supreme body to which {for a, short time recent iF re Pitthe amount of $4,700.01. asa ae ‘prcoantan the appointment and! — Washington, Dec. rae the As; More witnesses were to be sum-| Heaton was permitted to reslen his thousands of Orsnsomon ‘iro teas al- | keeping. i mtly for sate. receipts of this department are alto-j in some tases the courts have done 80, sociated Pretdj—Alternate proposals! moned by the prosecution at today’s position with the bank tan. oF legiance—at its semi-yearly meeting! 5 Prison Record gether too small to permit of the“i-|it is said. The State Banking Board! relating to the 5-3 ratio as worked | session. } promise, to, make haa Tn part, Reep | Yesterday unanimously. adopted a res-| The-prison record on Bryer fol- quidation of these bills for some time.| probably will begin court action to| out apparently over night by naval eee acess Re, and 1S Ne a cee olution calling on all its members and | lows: “It is our. opinion, however, that| oust receivers who are declared to be; although cities do not have power to! incompetent. \ x | regulate public dance halls by license! The expense of receivers in con-| and inspection, nevertheless the cities! ducting affairs of some banks has; do have full power and authority to; been appalling, according to one of the; regulate the manner of conduct of| banking board. such institutions by ordinance pre-' scribing conditions of regulating and | : providing a penalty for the violation! ei thereof, and that cities have power by} * ordinance to regulate and control T AKEN OVER BY | retary Hughes, M experts were presented today to Sec-| 3 : r. Balfour and Baron|named bya Norseman about the end; matter before the attorney general’s Kota which indicated, according to/| of the tenth century. the delegation spokesman, that no for- mal agreement had been reached by the big three. The proposals submitted as a means of balancing the naval ratio to com- pensaté fore retention of the Mitsu by’ Japa Wold permit Great Britain | LETTE to build two super-Hoods, scrapping! four wld dreadnaughts and one _bat-j tle crusier of-the type of the Tiger | -HAVEYOUWRITT office and Heaton’s arrest followed. ° HERE'SONEOFTHECOURTESY = TENESS CONTEST EN YOURS YET? those of the royal black institution to Join the loyalist defense association. This organization, he adds, was form- ed to protect Protestant interests in whatever way might become neces: sary during the present situation, BANDIT BAND _ ISSURROUNDED four other prisoners, “Charles Bryer, alias James Cellen, ‘alais James, Cline, alias “Dutch.” “Received at the North Dakota tate Penitentiary (Ni 25, erve a term of five (5) yeérs for the rime of ‘Assault with intent to qom- i mit robbery in the first degree? ‘On March 11, 1920; Charles Bryer aped from the N. D. Prison with Arthur Buck, Ray Burke and John Stupard, by tun- neling thru the Inmates dining room and over the wall. John Stupard was with the licensing and_ inspection and Repuls2 or to build two battle- ; apprehended a week later. powers of the state licensiing depart- ships of the Royal Sovereign class, i | “On May 3, 1921, Charles Bryer was ment.~ In other words, we hold that scrapping four dreadnaughts but no| retirned to the N. D. Prison from the law creating. the- state licensing department does not repeal the~ex- pressed and implied powers of cities to regulate such, institutions, so long as such regulaffon and control does not take the form 'of licensing ‘er in-! : ~~ BISMARCK MEN ments in any manner not inconsistent/ | Rex to be Named the Rialto and Will Open Again Friday battle crusiers. TAX OFFICIAL | |Courtesy Department, | Bismarck Tribune, {Bismarck, N. Dak. . Bismarck, N. Dak. ; December 14, 1921. . iDeclare They Will Come Out! ' of Cave Only “Feet | ; First” \ ! Jackson, Ky., Dec. 15—Three mem} Fredonia, Kan., where he was appre- hended. Charles Bryer had escaped from the lowa State Prison on De- cember 25, 1920, with three other prisoners. He was serving a term of twenty (20) years in Iowa. f eae al a9 | oe - i { | “On December 14, 192J, Charles spection for the purpose of licensing.” | Night | IS APPOINTED éentiemen: y ‘ ar {bers of the band which raided the, Bryer escaped from the A D. Prison ‘ I ingreene and A. J. With-. | “Something? Something for you? How often are | Breathitt county jail Monday morn-| by scaling over the cellhouse, and de- fe Gea Wingreene arene the Reel \ your ears greeted with this salutation by the sales \ing, killing one man, fatally wound-|scending down a water pipe between fetes Meni toperate ae wader the/C. C. Converse ‘of Williston To, - people? jing. a-woman, and ‘seriously wounding | tie’ male Cellhouse “sande the comes | new name of the Rialto, it was an- | Si t What has this salutation done to your mind and paneer: todd yw re surrounded by | building.’ i i ucceed George Wallace i + state troops in a cave on John Little's, ee era je a hy fter redecorat-| | purpose? How much better would such a greeting as greek, throe miles west of here. Capt. : eee tty ay nod Friday nisht.’ C. C, Converse, of ‘Williston, has} “Good morning, Mrs. Brown,” or “Mr. Jones, can I show Holbrook, of the state forces, today x ing, will be : 7 Messers. Wingreene and Withnell wilt operate the theater in connection; with their new Capitol theater soon; Micheal Collins and Arthur Grif-| __™ announcing plans for the Rialto | Mr Wingreene said that Vaudeville fith Condict of Pact ! Would be run on Monday and Tuesday Approval | of cach week as an added feature and ! pictures on other nights of the week. i The vaudeville acts are obtained from Dublin, Dec. 15—(By the Associat-! the Orpte amy dane circuit, with head- ed Press)—As the Dail Bit ; quarters in the twin cities. today for the cOMLnUAN GABE ts. tee |” The Rialto is a thoroughly modern ion: i ; cap.{and fireproot theater. The new Cap- SEE ELATISE SG Ie eee \itol, which will seat 450 people, is porters of Micheal Collins and Arthur} ‘ Page i x Griffith tha: they and the other signers | D¢@T!Ns completion and will be mod of the Irish peace agreement now felr| €™ in every respect. vcertain of un ultimate majority im fa-) you anything in particular,” way.” been appointed state tax commis-; sioner to succeed George E. Wallace, { Governor Nestos announced today. i Mr. Converse 1s a lawyer and for- mer member of the legislature. He} had practiced law at Cando, Schafer and Williston for a number of years, and was states attorney of McKenzie county. ‘‘He is a man of fine ideals, ; of a high conception of public duty, | interested in all public questions and! in every problem that affects the welafre of cur people, and will give to the work ef tax commissioner's office the splendid service of an able man with the highest qonception of the du- ties and obligations resting upon a public official,” said Governor Nestos. Mr. Wallace now is in Washington VOTE FOR My selection as the most courteous clerk is: (Give name and address, write plainly.) or “Can I assist you in any 'favorite-clerk. Contest will close in a few days. TWO ONLY y used gas in an effort to drive them \ out. | The men were discovered in a cave Get into game. All Rotarians are urged to vote for their | jate yestorday. Capt. Holbrook sent! {Fred Noble, a friend of the fugitive ‘trio, into the cave last night to ask the men to come out. They sent him. word that when they came out it would be “feet first.” MRS. C. H. CASPER PASSES AWAY Mrs. C H. Casper p: her home, 401 Front street, yes day of pneumonia, after a wi ness. Mrs. Casper 5 age and had been a resident of Bis- ~ INDEMNITY BY ~— RUSSIAN GOVT. Warsaw, Dec. 15—(By the Asso- | ciated Press)—Gold -and jewels ‘estimated to be worth fifty bil- | lion Polish marks—the Russian Soviet government's first pay- ment to Poland under the Treaty of Peace signed at Riga on March 18 last—have arrived here. Dia- monds, rubies and other precious LA ee | * vor of the treaty. . iSWISS ELECT but is expected back soon to turn over | marck most of her life. She wasa de- stones and gold bars filling 100 i They declared no prominent person NEW PRESIDENT the duties Gt: his office r. Wallace yoted ‘member of St. Mary's church. cases in all were brought here on in any part of Ireland had yet. pro-| having presented his resignation some | \Funeral services will be held to-| a special train under military tested against their action in signing Sees 6 P “The exact time Mr. Con- |morrow in t he Catholic church. Sur-| escort. The bullion, weighing 5—(By the Associated days ago. See ee yateriarsuleniine eae Be er Habb has been elect-| verse will take office is not stated. It | YiVIME ‘ate her Buel nd, CH: Caster 1280 pounds, ‘gives Poland its first stated: to be certain details of, the| ed president of Switeerand bye Ate may be about Jan. 1. pene the eave aha ia erattia alias substa g! : treaty which he thinks would hav \federal assembly for the year 1922. eee eR eruot arr ac te rete Soa ; \ rence a Ne a cated Chie cauread SERRE a SLES ite Meet been improved if it had been resub-|He will take oilice January 1. Col.) ‘Library of the house of lords in Signature of voter. | way, Bismarck; Georg' grap! pil mitted to him and the Dail cabinet be-| Kart Scheurer was elected vice-presi- fore it was signed. dent. England contains ‘about 60,000 vol- umes. (Not for Publication.) ‘Casper, Bismarck, and Arthur Casper, ‘Towa Falls, Ia. Ceylon, Bohemia, Germany, and the United States. ~ : : ; to | Adrienne’ Mayer, Washington | Dery. ‘of $4,709.91. Since most of the col- ary 15 a > 5 | Heaton pleaded not guilty. yer, ashington ot te have been made for the cur-| 4 gue Smet aan Senay 15, ry bole a Health Crusader, and bought his an- Bryer’s escape from the prison ap- rent fiscal year it is improbable that The nété from the German govern- Statement of Charges ti-tuberculosis Christmas seals while | Parently was the result of careful u the attorney general will be able to Bet adage m tichae tate ge inl Heaton, former assistant cashier of ;‘she pinned a health ribbon on him, | Planning. He worked in the boiler ¢@ eneakea force forsthis department’ “| aiding oaatearortions ef ace et a the Senidjnavibu- American, spank ot nen | house. As he was returning from work Opinion in Full - | eee bi : as ‘argo, was arrested March 15 o! Is | about 6 o'clock last night, after dark, The opinion, written by Assistant; But she will have to content herself with that old rag doll, which has/ ee AE arg vie payments but is year after shortages of approximately he jumped\upon a storm shed just be- Attorney General George Shéfer, fol-| done service for her sisters, too, unless you, as a good Alias Santa Claus,| through loans external or fatcr 1 $78,000 wero alleged to have been dis-| | fore re&ching the cell house, scaled a lows: come to the rescue. Join the Salvation Army Santa Claus Club today—and | ;, Sth financial a ie ee pr peorered fim his accounts, * Since’.that| j Water pipe to the roof of the cell “Under date of December. 8th you|make some unfortunate child’s Christmas happy with toys like you used to| °’ °% are” MOASUT ES. Hatin ns Beee at diberty ‘on pail. of | i house and slid down another water requested-an opinion from this office| get when you were a kid by dropping something in the Army Kettles. Do vas tet tod on % non ral RE I [oped rieeeaG ale Ofice eal on the following questions: it today! | ei cte Oday in’ Cass county ale ; main building. He dropped a pair of 2 “1, Have cities power to relate] | yl | Heaton's alleged peculations; itis e scissors on the outside of the prison. we LANGER CASE ODE stain toes ad ctneed oe! BRITISH PLANS tle iors “2.. Tf not, is such power invested i b ! REC IVED IN iene yoereaana included shortages of} The escape was made at a time in the state and which department! fe | TO BE TRIED Mette in the savings Bceounts and i ; When guards were making, their has: jurisdiction? i | ! g $29,545.50 in the cash balance which ies y ; rounds. Bryer was c@¥ing alone from MATE GORE SuNLaOTO GE tats of SEVER AL BANKS i IN RICHLAND) B RCH TRI Al he handled, according to an audit of/ Extensive Movement is Under-| his work. He acted very quickly. His Sepa ts Is i d {Kae Ty | . i & 4 absence was discovers Ht ee Anareeees| | "The supreme court, in an opinion! Lj A statement compiled by N. J. Bre-; _ taken. fo Coordinate Oppo- and the bloodhounds were por Aue “made to responsible officials? \ ‘handed down today, affirmed the ac-| ; vig and 0. C. Bjorne, assistant cash-| sition to P | trail, “Replying thereto, we bee S Sdvige, | tion of: District Judge Allen. in. re-| tere of the Scandinavian American) ion to Peace es | Bryer's escape damé at tieceonetne youthats Cities Havemmobhesnoner £0 } |fusing to grant a motion for further|Court Attaches Speculate On ae aay eerie mney tee | sion of the pardon board session, a regulate’ daiice-Tialls ‘by “license or in- ‘ -<.,, change of ‘venue trom Richlapd coun.| -— Pai rt A Sea Lett secoraine a LC. ‘Reep eee tor| LODGE TAKES — AC Ay time when many prisoners, if denied spection but such power rests exclu-| Decline to Accede to Request oh eee ee or WALLER teenies art Anonymous ers {the rane iat. , ‘TION clemency, Seek to escape. He had, - ‘ fe ‘ |-venued-from.Cass county-to: Richlan See 8 “1S g 1S’ Resumed in Belfas! He Wak ke department of the attorney general’s, Jobs : | cdunty and the defendant argued that} Los Angeles, Dec. 15.—Speculation | 0M was arrested, eonfessed to him} : ¥ ; t, He was known as a good worker “Anawerlneryoun, third: question we!) \a fair trial could not be had in Rici, as to what part writers of anonymous out absolved | trom : blame! everyone as Feeling, Still Runs j tnd was not a hard ‘man to handle: . 1 have to advise that the files and rec-! Many of the receivers appointed | LE ea SRA en eae spect letters: might try to play in the trial He said, according to‘'Lofthus, that he | : High £ ' Daring Escape ‘ ords of this department do not indi4) under the Nonpartisan administra-j trom Richland. jot AT UE & Barehy idlcied OF ne had not speculated with the. money, Bryer, while a good prisoner, is de- cate that. public dance halls have been} tion have refused to resign upon re-| fe iincatl aaa NO SS jmurder of J. Belton Kennedy, broker, but had ‘just spent it.” Belfast, Dec, 15—(By the Asso- faared by prison officials to ber aloe