The Bismarck Tribune Newspaper, January 17, 1922, Page 1

The Weather. Qenerally Fair HE BISMARCK TRIBUN: Last. Edition FORTIETH YEAR BISMARCK, NORTH DAKOTA, TUESDAY, JANUARY 17, '22 PRICE FIVE CENTS BEGIN SELECTING JURY INGUMMER TRIAL ‘SOLDIERS NOT BURIED IN FRANCE WITH ROPES ON NECK, TESTIMONY STATE SYSTEM OF AT AN AMENDMENT FOR N. D, HIGHWAYS SYSTEM URGED Legislative Committee of Good Roads Association Sub- ‘mits Report CONVENTION MEETS TODAY North Dakota Good Roads Asso- ciation Takes Up Highway ° Problems A proposal for the submission of a constitutional amendment to the peo- “ple of the state incorporating provis- ions for the establishment of a system of state highways was submitted to the North Dakota Good Roads Asso- ciation, in annual meeting ‘here today, by the legislative committee of the as- sociation, e The legislative committee, repre- sented:'by Senator Fred W. Mees, of Mandan, = ghair- man, and A, T. Kraabel, former Lieutenant-G o v- ernor, conferred with government roads engineers in working out the new proposal for a state high- Way system. The amendment proposes to cre- ate a state high- vay system, to be miconstructed, re- constructed, im- proved and for- ever maintained and controlled as public highways in the state; the highways to extend as nearly as may be practicable from county seat to county seat, east and west, north and south, or along recognized registered highways; creates a state highway tund by including proceeds of any tax imposed on‘motof vehicles, motor fuel and any other revenue as is now or shall be provided by law; provides for a state highway commission to be composed of three persons appointed by the governor, eliminating the gov- ernor and commissioner of agricul- ture and labor as ex-officio members, No Bond Issue’ Proposed. No bond issue is proposed under the amendment. This proposal, made last year by individ- uals, has been discarded by the association which has endeavored, it was stated, to provide a_ basis for a system of state roads which can be gradually expanded as best serves the inter- est of the state. Two proposed bills for submis- sion to the legis- latitré #g0'a¥e to ne’ siitinittdd® to ( the assotiation by the legislative com- mittee. One of them defines the pow- ers and duties of the state highway commission, making provisions de- signed to abolish any politics in that department, and the other providing for re-enactment of the motor vehicle tax on the same basis as at present, but with readjustments in rates which, it is said, would be more equitable. The legislative committee decided not to present any recommendation for a law providing a tax-of one cent on each gallon of gasoline to create a good roads fund, but it is expected that this proposal will be made before the next legislature, Good Future Seen The association’s meeting got under way in Patterson hall this morning with I. J. Moe, of Valley City, presi- dent of the organization, presiding. Mr. Moe, opening the meeting, said that the organization of the North Da- . kota State Good Roads Associa- tion had not “been an easy task. During the past summer the work of maintaining the organization was not a pleas- ant job, he said, but added that the turn in. the road had been reached and the association now was in such a po- sition that the of- ficers and. direc- tors feel confi- dent of the fu- ture. He praised Secretary W. E. Holbein for his indefatigable efforts for the association, Mr, Moe declared it was highly nec- essary to have an organization in ‘North Dakota which would push through state legislation necessary to enable North Dakota to profit from the iste aid provided in the Townsend alt. A. T. Kraabel presented two amend- ments changing the by-laws of the as; sociation. One provided for a direc- tor in each county of the state (Continued on Page 2) I. J. MOE President W. E. HOLBEIN Secretary J, L. BELL ‘Treasurer in- GOOD ROADS ADVOCATED NUAL MEETING OF ASSOCIATION HERE. BODIES GATHER EARTH SHOCK IS REGISTERED Washington, Jan, 17—An earth- quake described as “very severe” and estimated to have occurred at a distauce of 2,500 miles south of Washington was recorded in the seismograph at Georgetown unl- versity as beginning at 10:58 P. M. yesterday and continuing until after 1 A. today, RECEIVERS ARE’ ADMONISHED Tt _SGE SUMS AVAILABLE CONSERVE ( ASH Says that Federal Aid Has Be- come Availalbe to North Da- iGovernor in‘ Letter Tells Them, ota of Over $5,000,000 Encouragement Should be Given to Reopenings NORTH DAR.’ ROAD PROBLENS ‘AREDISCUSSED | Federal Engineer Says that State >> Must Have a Program Cov- ering Period of Years | { | | ! North Dakota's highway problem is :Ane of men, money and material, Er- {win O. Hathaway of St. Paul, district | engineer of the U. S. Bureau of Pub- Economy in the operation of closed | lic Roads declared in discussing rath- banks of the state is asked of district! er intimately the situation in the receivers by Governor R. A, Nestos in! state before the convention of the a letter to them, in which the Govern- North Dakota Good Roads association. or outlines also the administration's | North Dakota must have a program, policy in handling closed banks. clear cut and intelligent, and men are Cooperation with stockholders in! necessary to define a program, he} ‘efforts to reopen the banks, if this caN' told his hearers. Money must be| be done on a safe basis, is urged bYj available for carrying out the pro-| the governor. is a liability, in the -2°2™ and there must be material ‘A closed bank is a liability, in the. which will make a road. Discussing roce! of rehabilitating the state’s b. 1 i 2 . ;money, Mr. Hathaway ‘called atten- finances and credit,” the Governor) ‘ Cea iit: 7 - op| tion to the fact that since 1916, Fed- said, “and the fewer the number of! ¢.., | bts a feral Aid had become available to closed banks within our state, the} Worn Dakota to t . more easily can our credit be im-| 50754) i Ke i othe amount of $b, proved, and our reconstruction com- | °2(“Us-14 as the ie per cent part o' pleted. | the funds supplied by the govern- “It is, therefore, the purpose and|™ent. Added—the states fifty per desire of the ‘banking board that the cent, and money to the amount of ten owners of these banks be permitted|724 two thirds millions had been and encouraged to secure the neces-!?Vailable for Federal Aid projects in sary financial assistance, and to so, the state not including other state improve the ¢Odition of the bank as; county and township road funds. to make it po$Sible for the bank to} “Roads have’ come high during the} reopen. Need to say, the condition | past two or three years.” Mr. Hatha- | of the bank must be improved so as to! way told the good roads boosters. leave the depositors of the bank safe,!“but the mark-down has come and ¢s it would be unfortunate to open a: they can now be had for about hal‘ Pani in ee condition that inside of a! nrice, Let us see to it that every do!- Sietoaias ee eee he reauited: “10 | lar. produces a dollar’s worth of road that the Guarantee Fund Cormlasion tee, let us not always buy the roa + that gosts the least per mile. If we and the banking board are both of the! do we may be throwing away our dol- opinion that the most successful re- lars inst f saving th i ceiver is he who not only. mana es | ere ee ead oO saving them. Explains U. 8. System. ae ul) intrusted to his care with e greatest economy and efficiency,| Mr, Hathaway ex lained the sys- peru alah encces da tm ndhelng the | tem of roads Paeantly adopted in Min. cient additional capital, eee eae nesota on which all state and federal as to - i open, and thus tage: teens ae able for the other roads. By the sya- become a part of the business life of tem, according to Mr. Hathaway, Min- the community where located.” nesots fale hat ae has solved some se \ problems. “The question of material for road OR building varies with the type of road ( to be built.” Mr. Hathaway continued “The simplest and cheapest to con- ; struct is generally the plain earth road where the material found along pee the road is cast up by a grader into if a turnpike section. It is sometimes Plaintiff Seeks to Recover About| ‘2¢ c2se that very satisfactory mate- rial for such construction is found $1,300 For Work along the right of way. Where this ig the case, and:the traffic will not justify a more durable or. expensive road, the earth road is just the type that should be built. Such roads can} be built for a few hundred dollars per mile and it is folly to involve state and federal funds in that class of work, The relative cost of survey, | supervision and other overhead ex- pense is too great. When done lo- cally with well organized crews, this! class of work has proven to be very| economical and satisfactory and un-! der proper conditions and within’ conditions and within proper limits it should he encouraged.” Mr, Hathaway recommended gravel | for much of the ‘mileage in} North Dakota but holding there were} some sections where this would not! prove best in the long.run. He names; other materials, “such as scoria.| topsoil and rock” as valuable for! North Dakota roads. He recommend- ed a comprehensive study of the! (Continued on Page 3) HASPRAISEFOR | THE RED TRAIL Praise for the National Parks High- way (Red Trail), was voiced here by E. W. James, of Washington. D. C.. of the bureau of public roads, at a meeting of the state highway commis- sion yesterday. “I do not know what you think A jury in district court is hearing the case of C. T. Bratton against W. G. Hoerr, in which the plaintiff seeks to recover about $1,300 alleged to he due-as back farm wages for work on the latter’s farm near McKenzie, cov- ering a period of several years. Tes- timony was nearing conclusion in the afternoon, No. jury verdicts have been reached this week. The case of J. A. Worden against Sheriff Rollin Welch, in which it was alleged that when the sheriff executed a mortgage on grain he took g not included in the mortgage, was dism d by the plain- tiff after some testimony had been taken, Judge Coffey refused to reinstate the case of Michael F. Barth against Eugene Walla and E. T. Burke on the calendar. ASK MORE TIME IN MILLER CASE Opponents to Confirmation Re-' quest Delay on Brief Washington, Jan. 17—(By Associ- ated Press.)—Opponents to the con- ‘rmation of Andrew Miller to be) United States district judge for North! Dakota who were given by the sen-! ate judiciary subcommittee to which the nomination was referred until last night in which to file a brief of| grounds of opposition and for the evi- fence they expected to produce have asked for more time. The sub-committee was called to eet tedav in executive session to hear Senator McCumber, Republican, North Dakota, upon the request for delay. Miller was rominated unon the recommendation of Senator McCum- ber. Douglas, N. D., Jan. 17.—The. se ond fire here in two weeks destroyed the Vick & Johnson hardware store, with a loss of $8,000 partially insur- ed; and the Thore Brugaard real es- ‘ate building, insured for $800, Fire two weeks ago destroyed the light about it. but we in Washington have settled in our minds that this is one of the country’s primary roa's,” said Mr. James. } Siamese musical scale divides the octave into seven parts. Chicago, Jan. 17.—No_ single improvement. has dune more for the general good of the country than the development of our high- way system, President Harding told the delegates attending the National Good Roads Congress which opened here today in a per- sonal message brought to Chi- cago by Col. H. L. Bowlby, pre: dent of the American Read Build- plant and a garage. ers’ Association, GOOD ROADS GREAT ASSET T0 GENERAL WELFARE, HARDING SAYS MANY FARMERS’ IN CONFERENCE Fargo is Host to Representatives of Several Organizations Today e (EQUITY COOP MEETING First Day’s Sessions Are Given Over to Meetings of Exchange Fargo, Jan. 17—Hundreds of farm- ers from all sections of the north- gwest were in Fargo today to attend the gathering of big farming organ- izations which will meet here for the next four days in connection with the 28rd annual session of, the Tri-State Grain Growers convention. The first day’s main session will be given over to the Equity Cooperative: Exchange, ' whic will hold . three meetings today, and the main session | of the Tri-State Grain Growers will begin Wednesday afternoon. I Allied organizations which are| meeting with the Tri-State conven-| tion include: Equity Cooperative. Exchange, Equity Cooperative Packiing Plant,/ North Dakota Wool Growers’ Associa- tion, North Dakota Shorthorn. Breed- ers’ Association, North Dakota Hol-| stein Breeders Association, Potato Growers, U. S. Grain Growers, Poul- try Association, Farmers Federation of America and its women auxiliaries, ' GUSTAFSON WIRES, Fargo, Jan, 17.-C. H. Gustafson, | president of the Grain Growers ‘As. | sociation, Inc., in a telegram to U. L. Burdick, state director of the organ- ization, regeived'here today, reaffirm- Washington, Jan, 17,—Former service men detailed for duty with the American Graves Registration service in France denied before a senate investigating committee today that the bodies of soldiers legally put to death in France were buried with a stub rope around the neck and the black cap which had been placed on them on the gallows, The committee went into hang- ing methods as part of its general TESTIMONY IN ARBUCKLE CASE i i} i | | San Francisco, Jan. 17—There was no session of the Roscoe Arbuckle {manslaughter trial in superior court j this morning, District Attorney Mat- | thew Brady having asked time to ; study certain phases of the case thor- joughly. The court set the first ser- ies of the:extended session for 2 p. m. Taking of testimony was expected to begin at this session, \ PROVIDENT LIFE HOLDS ANNUAL MEETING HERE Reports of Gains in Assets and Surplus During Year Are Made Directors of the Provident Life In- surance Company were here today ed the policy’of the grain growers to! so-operate, with existing grain mar-! keting agencies “barring arbitrary or domineering demands for exclusive; rights in. the restricted territory.” | Mr. Gustafson, requested that the! telegram be read to various meetings | of the Tri-State Grain Growers’ con- vention which is in session here, The statement was issued the tele- | cram said in answer to charges made several days ago by J..M. Anderson, : president of the Equity Co-operative | Exchange. i IN MANDAN YARD anager Diehl of Home Builders Association Disposes of 80,000 Feet Lumber in the Mandan yards of the Home Builders Association was closed out today by Manager Dieh| of the as-| sociation to the Mandan Mercantile! Company and the Bingenheimer Lum-| ber company. ‘Some brick remains to be disposed of. Mr. Diehl is unable to estimate the loss sustained by the state through disposition of surplus stock purchased and stored in open in Mandan, because | inventories and sales reports are not clear to him. Lumber was sold in small lots during the summer by the former er administration and it is said con-), siderable lumber Wag stolen. About| 80,000 feet was disposed of today at.! Mr, Diehl said, almost wholesale | price. 3 | Yards in Bismarck and Fargo also are to be closed out, much of the lum- | \ber being on vacant lots. i MINERS PLAN WAGE DEMANDS Anthracite Workers To Ask 20 Per Cent Boost Shamokin, Pa.. Jan, 17.—A conven- tion of miners representing all or- ganized mine workers in the anthra- cite fields called to Sonsider a new| wage agreement convened here today. The present working contract entered fn to in September, 1920, expires arch 31, The convention, according to the officers pf the union, will ask for ar increase in wages of about 20 per cent, that the wage rate may be made uniform throughout the anthracite fields as far as (possible and that hours of men working more than eight hours a day be reduced. A deman¢ for the establishment of the check- off fought for by the union many years in anthracite fields also will be made. A The Congress opened in the coliseum with more than 10,000 delegates in attendance, Among them were governors of many states and mayors of 4,730 cities and towns either in person or represented by an oiticial delega- tion, All Canadian provinces also were represented and builders from all of the island posses- sions of the United States were | also on hand, from many parts of the state for the annual stockholders . aad ° directors meeting, held in the home offices of the company in the First National bank building, i Reports were submitted during the morning session of the stockholders showing a gain in assets of $189,226 ; during the year, making the total as- sets of the company $890,420.31. A gain in surplus also was reported for the year, amounting to $25,769.53. The Provident Life is a North, Da- kota company strictly, doing business in every county in the state. This was the sixth annual meeting. of the company. Officers of the company are: Pres- ident, H. H. Steele; vice president, ©, L. Young; treasurer, J. L. Bell; secretary, F. L. Conklin; jassistant secretary and actuary, Miss Henrika Beach; chief medical director, Dr. W. H. Bodenstab. Directors of the company from out- j side of Bismarck here for the meet- ing included former Governor. L. B. Hanna, of Fargo; H. H. Dahl, of Nor- ma; J. E. Davis, of Goodrich; G. Har- rison Garnett, of St. Thomas; W. H. Mann. of New Salem; W. J. Morrish, of Page; Dr. L. S. Platou. of Fargo. BRIDGE PLANS 10 BE DRAWN Highway Commission to Consult Commissioners on New Proposal The state highway commission, at a second meeting, held yesterday aft- ernoon in the statehouse, discussed the matter of completing the Bis- marck-Mandan vehicular bridge pro- ject by building an approach on the west side. After discussion it was decided to instruct the state engineer to com- municate with the Burleigh and Mor- ton county hoards of commissioners relative to the proposal to open up the bridge‘ project and include a causeway on the west side as a part of the bridge, and to prepare plans and specifications. It is the expecta- tion that there will be @ temporary fill put in to handle ‘traffic next spring when the bridge is opened. E. W. James, of Washington, D. C., representing the government bureau of good roads, was present. An opin- fon from the attorney general was to the effect that if the roadway on the west side was deemed a necessary part of the bridge it coud legally be included as such. AMBASSADOR IS SELECTE Washington, Jan. 17—The German government has notified the American eovernment that Alanson\ B. Houch- ton, new member of the {house from New York, will be acceptable as am- bassador and the name of Mr. Hough- ton will be sent to the senate this week. STATES ACCEPT MATERNITY AID Washington, Jan. 17—Twenty-two states already have accepted the fed- eral aid for maternity care authorized in the maternity act and its probable acceptance by most of the others had been indicated by state officials, it was announced today. ‘JURY DIS TO START TODAY investigation of charges laid be- fore the senate by Senator Wat- son, Democrat, Georgia, that sol- diers were hanged without trial in France. Disagreeing with witnesses who preceded him Richard C. Sullivan, and black, caps. two bodies taken up with ropes of Somerville, Mass., an assistant embalmer with the Graves Regis- tration Service declared he saw two bodies taken up with ropes and black caps. AGREES IN BURCH CASE; NEW TRIAL SOON | \Ten Women and Two Men| Unable to Agree on Fate CHARGED WITH MURDER SET TRIAL DATE. Los Angeles, Jan, 17.—Date for the second trial of Arthur C Burch, indicted for the murder of J, Belton Kennedy was set today for March 27, Burch when asked by the judge whether that date was satisfactory replied affirma- tively. Los Angeles, Jan.’ 17.—The date of ‘a second trial of Arthur C. Burch, in- dicted for the murder of J. Belton Kennedy, was expected to be set to- day in the superior court where yes- terday a jury of ten women and two men reported a disagreement and were discharged after a first trial! lasting eight weeks. The jury had/ deliberated two days. | STORY OF MURDER ‘ Los Angeles, Cal., Jan. 13.—Testi- mony unusual to the extreme marked the trial of Arthur C. Burch, charged with, having murdered J. Belton Ken- nedy, young Los Angeles real estate broker, as the resflt of conspiracy with Mrs, Madalynne Obenchain, for- mer sweetheart of Kennedy. The trial began November 22, 1921, and after a week had been taken up with the draw- ing of a jury the prosecution launched | into the presentation of witnesses who | told, among other things, of weird: dreams, prognostications of a fortune! teller, glimpses about in an automobile on the dark night of August 5 when the tragedy occurred, and keeping watch on Ken- nedy’s offices at other periods. Through all this ran a thread of Mrs. Gbenchain’s love affair with Ken- nedy, established by letters and tele- grams in her handwriting which in- dicated that she had divorced her hus- band, Ralph R. Obenchain. with ex- pectation of marrying Kennedy. The ‘prosecution contended Kennedy re- fused to carry out this program; that (Continued on Page 3) ‘STOVE BURNS PROVE FATAL Carrington, N. D., Jan. 17—Norman McKinnon, 76, unmarried, died in the Carrington hospital as the result of! burns received several days previous- ly. Falling from dizziness, he over-| turned a small stove, live coals from | which fell upon him, while scalding j water from a _ dislodged pan also scalded him, although in spreading! about the floor, the liquid probably prevented live coals from firing his; home in which he lived alone, It was| at first thought he would recover, but; poison induced by the burns develop- ed. | ‘JAPS-CHINESE of Burch flitting! . SLOW PROGRESS MARKS OPENING OF MURDER CASE States Attorney of Barnes Coun- ty Assists Cass County Attorney SPENDS NIGHT IN JAIL Gummer Taken to Valley City from Fargo and Spends Night in Jail PROGRESS SLOW Valley City, N. D. Jan. 17.— Slight progress had been made this afternoon toward selecting a Jury to try William Gummer, Far- go hotel clerk, on the charge of slaying Miss Marie Wick, of Gry- gla, Minn. at a; Fargo hotel in June, 1921. Not a single juror had been chosen from the panel of 50 veniremen called early this af- ternoon. Four had been passed: for cause and three dismissed for cause, two of the latter because of statements that they were prejudiced against Gummer. Valley City, Jan..17._Slow progress was made this forencom in’ the work of securing the jury to try William Gummer on the charge of murdering “iss Marie Wick in the Prescott ho- tel in Fargo on the night of June 7 last. Gummer came into court dressed in the same brown suit which he wore when he appeared in court in Fargo when he was originally charged with the crime. William C. Green, state's attorney of Cass county, was assisted today ‘in ‘e selection of the jury by L. S. B. Ritch’e, state’s attorney of Barnes county, Valley City, Jan. 17.—William Gum- aer, bargo note. cierk, was on triai sere iwuay 1m parles county district vurl On a charge of lirst degree mur- der im conuection with tne death of | ame Wick, Grygia, o.nn., wnuo was found beaten to death hovei, June 7, 1921, Highty-seven’ witnesses are listed by the state in the case filed against Guinmer, but’ according to Wm. C. Green, Cass county attorney, in charge of the prosecution, but same imay not be called. 6 Photographs taken of the slain I's body before it was disturbed are expecved to be introduced in evi- dence showing in detail the manner in which Miss Wick was tied to the ved with stripped bed nen, presum- ably being beaten to death with the nozzle of'a fire hose following crim- anal assault, Gummer was arrested two weeks later and obtained a change of venue from Cass county on the plea that feeling there was go intense that it would be impossible to obtain an unprejudiced jury. He was brought here from Fargo last night and spent the night in the Barnes county jail. Judge Charles M. Cooley of Grand Forks, senior judge of the First Judi- cial District, will try the case, Gummer already has entered his plea of not guilty to the murder charge. The selection of the jury was started soon after court..conyened. at 10 A.M. It is expected .that all of today will be consumed in obtaining a jury. HOTEL MEN T0 GATHER HERE in Fargo | North Dakota’s Glad Hand Art- ists To Meet In City DEADLOCKED Washington, Jan. 17—(By the As-| sociated Press)—The Japanese and Chinese armament conference dele- gations continuing today their efforts to reach a settlement of the Shan- tung question took up the matter of coal and iron mines in the Kiaio Chow leasehold of Shantung province but made virtually no progress toward an agreement. PAYS OFF MINERS | EITHER IN GOLD OR NEW CURRENCY Wilton, N, D., Jan. 17.—The First Na- tional Bank ‘has issued currency un- der the regulations providing for the issuance of currency by National Banks for the first time. As a special favor to miners em- ployed in Wilton the bank announced that on the first pay day after the is- suance of the new currency, the bank paid the miners either in the new First National Bank Currency or in gold. There was quite a rush for the new currency, the first issued by a bank with the name “Wilton” on it.” The gold was some of the first cir- culated in Wilton for many years, and the currency issue was authorized by the Comptroller because the bank’s charter wag issued by the government and its conduct is therefore under the supervision of the comptroller of the currency. The bank is a member of the Federal Reserve System, 7 Bismarck will be host tomorrow to the glad-handers of North Dakota. The North Dakota Hotel and Res- taurant Men’s association will meet here in conjunction with the North Dakota State Greeters, who are hold- ing their second annual convention. Many of the members came in today to attend the good roads convention also. Dee Reade, secretary of the hotel and restaurant men’s association, says there is a bit of rivalry between the greeters and the hotel and res- taurant men regarding their member- ship and the attendance of their re- spective organizations. “It behooves us fellows this year to be on the job at Bismarck, on the morning of the eighteenth, with a gathering that would arouse the en- thusiasm of Billy Sunday,” he says in a circular to the membership of his association. BUTTZVILLE CAFE BURNED. Buttzaville, N. D., Jan, 17.—Fire, caused by an overheated stove de- stroyed the restaurant here operated by Ed. Gunderson, and owned by Mrs. M. M. Buttz. The loss is $3,000, with $1,500 insurance. PLUMBER’S SAFE ROBBED, Jamestown, N. D., Jam. 17.—Yeggs broke into the shop of H. P. Taylor, plumber, here, battered off the inner door of an, unlocked safe, and stole about $30. They got about $3 from the cash drawer in a desk,