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HAN, WARRANT SUIT HELD OF | | t GREAT IMPORT Contract Propesed to be Enter-| ed Into is Upheld Fitture Mar- ket for Warrants Made (HEARING ‘ON TOMORROW; Questions of vital import to the tate aud especially to holders pf state hail insurance warrants. are involved fin the suit to be heard by the supreme (court here tomorrow. | Attorney-General Johnson — will jmaintain the legality of the contract iproposed to be entered into by the In- ustrial Commission and the Minne- ‘sota Lodi and Trust Company and ane, Pipe and Jaffray, of Minneapolis, ‘or the sale of 1921 hai) warrants. The suit is regarded as of great import- lance not. only as it relates to the pos- jsible sale of 1921 hail warrants, the /$3,500,000, but in establishing @ per- (manent market and permanent method jof marketing hail warrants to the ad- vantage of the holders of the’ war- jrants. Early Hearing The supreme court set the case jdown for early hearing ‘because of the} importance of the suit to the pub- jlic interest. lture of a test of the contract. For {the purpose of eliminating or discov- ering any possible legal objections \that may be coptained in the contract or in the hail inpurance law, the plain- tiff, who is Otto Bauer, a taxpayer of Morton county and who is acting ‘for the financial houses, assails the walidity of the entire hail insurance Naw, the contract, and raises other jobjections. § In endeavoring to arrange for the jsale of the hail warrants at less dis- (count that was being demanded by in- ‘dividual purchasers, the representa- itive of the financial houses and the [Industrial Commission ‘ran into many legal snags. -It found that the hail jinsurance law, while providing that jthe Industrial Commission and Com- imissioner of Insurance may make a flodn for the purpose of paying off jhail warrants it provides no machin-; very for the making of the loan. Attor-/| ney-General Johnson and fepresenta- |tives of the financial houses evolved \a plan by which they hoped to be able to complete ‘the deal fof the sale of} hail warrants. In the first step in this general plan the commission ob-| }tained a buyer for $300,000 of hail] jvarrants at 97, whereas discounts as! high ag 20 per cent had ‘been charged. | Definite Due Date To make the deal it was found nec-} sary by the financial houses to have definite due date on warrants, so hat they could sell them in the open market, if necessary. The plan ‘evolved was .for the Industrial Com- mission to purchase the hail warrants ‘grom individuals and then issue a ser- of notes in amounts of $1,000 each, ith definite time of maturity, to bear x per cent interest, the same as the ail warrants. The contract“provides that the finan- ial houses will purchase the war- ‘ants at 98 per cent of face value in *ebruary, increasing the price one- talf per cent each month until] in ‘june, when the company will pay par.| The right is reserved to cease pur-! chasing after June 15. ‘The hail war-/ jrants bear interest from December 1, #1921. The hail warrants which are} ‘purchased py the Igdustrial Commis- | sion would be paid at the dates of ma-' | turity fixed in the contract, as nearly las practicable, and the warrants not} \ourehased: would be paid before this! are as fe~ as practicable. | | HANDWRITING ON HOTEL: i REGISTER AGAIN IN.CASE 3 4 (Continued from Page 1)j Refutes Stamp Buying Story | | ‘He said he looked into the hotel o fice and the Prescott clock was 12: He could see no one in the lobby or the office at this timé. He was also a from him the statement that he did not on this} ine buy a*stamp of Gummer ang/| that Gummer, did not give himsa let- jter to mail; but that he did on the ‘Wednesday night following buy a {stamp and Gummer gave. him a letter jto mail and he @lso wrote and mailed | jon the train a card. That Gummer, | who was at this time still working at | the Presqott, sold him a two cent jstamp as he did not have a one cent istamp. , Sees | | On this Wednesday night, he said, | che asked Gummer if he had got all the guests checked up who were in the house on the night of the sixth, ,and Gummer said he had all but Far- rell. Under cross-examination, witness ‘stated that he could not be mistaken about the time he got the stamp. ; When shown a postal card which he} | identified as the card, and that it was | postmarked 8th, he still insisted [ita his testimony stood, that it was late Wednesday night, or rather early | Thursday morning that the card was | mailed. ‘ Unshaken by Cross-Examination +’ The evidence of Mr. O’Brien was | brought in-by the state to show that | on the’night of the murder, the offide {was dark at 12:15 and that witness } could see no one in about the place, ‘and that it was not the usual thing! | for the lobby to be dark at this time. M itness said that ho was a frequent | esser of the hotel at this time of the; night, and was familiar with condi- | tions there. Corroborates Father Leo O’Brien, 18 years old, son of | George O'Brien, testified substantially | 5 4 as did his father, hisMestimony being | ‘INDIGESTION, GAS, OR BAD STOMACH | TAKE “DIAPEPSIN”) “Pape’s Diapepsin” ha has proven itself | the surest relief for Indigestion, Gases, Flatulence, Heartburn, Sourness, Fer- mentation or Stomach Distress caused le { 4 by acidity. A few tablets give almost ltotal issue of whch amounted to about} The case is in the. na-| |tention of showing the connection of j stand. !be given the opportunity of cross ex- jtaken in this matter Cannot bé fore-! the stomach is corrected so you can / corroborative of that given by his fa- | ther, Yioung O’Brien was at the time a bell hop at the Gardner. Young O;Brien testified that he was familiar | with the Prescott hotel as‘at two dif- ferent times he had worked there. He stated he had a clear view of the Prescott office from where he stood on the side walk, and testified, as did his father, that no one could: be seen | about the place. He also testified Ithat the clock at the Prescott stood att (12:15, i Trial History To Date 1 The trial of Gummer was opened in 'the Barnes county district court on Jan. 17. States Attorney Wm. C. Green of Cass county had charge of; the prosecution and he was assisted in the sélection of the jury by States {Attorney L. S. B, Ritchie of’ this city. Chas. Pollock was also assisting him. The defense is represented by Judge Barnett and Clair Brickner of Fargo and H. W. Swenson of Devils Lake. ; Mr, Swenson js a brother-in-law iof the accused. Attorney A. P. Paulson as- sisted the defense in the jury selec- tion. The first two days of the tyial were consumed in the selection of the jury{| and the jury was completed. about} four o’clock on Wednesday afterncon, January 19. The-announcement of the completion of the jury was a sur-! prise to everyone, After the-selec | tion of the jury the state entered the! preliminary stages of the legal bat-! tle and began calling witnesses to th stand whom g¢ircumstances — showe could not have committed the crime. Some 30 witnesses were examined during the first few days but in many cases the examination was merely per. ifunetory and tended |to show the im- possibility of the witness having any j direct connection with the commission of the crime. The various gruesome exhibits found on the scene of the crime have been entered in evidence by the state and identified by wit- nesses. These exhibits tell a graphic story of the brutality of the murder and\are a repugnant sight in the court room. The state had not pro- duced a great deal of evidence con- neAing the accused with the crime up to the end of the fifth day of the trial, the preliminary stages requiring the attention of the court up to that time. Hagen on Stand When court opened on~ Saturday morning, the 21st, the’ placing of H. J. Hagen on the witness stand led the spectators to believe that the prelim- inary stages were over and that the state was about to start proving their contention that the crime could not jhave been committed by anyone oth- er than the accused. The examination of Hagen was not long and he was turned over to the defense for cross examination. Cross examination by Barnett brought out some discrepan- icies in his direct testimony. The de- ense excused him while reserving the right to again place him on the stand. He will undoubtedly be returned for further questioning before the close of the case. The placing of Andy Brown, chum of the accused and ma- terial witness held by the state, on the tand and the short examination of him was a decided surprise to every- one and no less to the defense coun- \sel. The state has announced their in- | Brown with the signature of Jas. Far- rel] on the hotel register off the night | in question. A handwriting expert by whom it is hoped to prove this con- | nectjon, was in the city.at the time of the adjournment~ He will return to the city during the week and take the Sensational developments in} the case are expected through the uso of Brown, and speculation as to his connection with the crime is rife in the city. There are-several points in the evidence so far presented which } Will require clearing up in ordcr to ob- tain a conviction of the accused but | the state has signified their intention | ,Of straightening these matters . The counsel for the defense have {given no indication as yet to their {plan cf defense or as to the identity of the witnesses they will call to the stand. Neither have they indicated {whether the acoused will take the stand in his own defense. If h2 does not take the stand thero is the danger of the omission prejudicing the jury »gainst him. If he does the state will amining him. What action will be{ The defense has | casted at this time. introduced the name of a mysterions C. L. Thomas. into the case in_ the cress examination of Hagen. There is much speculation as to the identity of this man but it is not known def. nitely as to whether the introduction ot his name has any direct bearing on the case or not. The opening of court on the morn- ing of the 23rd found States Attorney Green unable to leave his room at, the | hotel and his. place was taken in the courtroom by Assistant States Attor- | ney Wattam who examined minor witnesses during the morning. On| his motion for adjournment court was | recessed until the next day, when it! was continued for the following Mon- day. Mr. Green’s continued illness} demanded a further adjournment un- | til yestérday. Plan to Irrigate Heart River from | Dickinson to Mandan} y { That there is ; sufficient fall and drop li in elevation along the valley of the | Heart river from Dickinson to Man- | dan where the stream empties into the | Missouri river, a total distance of 200 | tiyer“miles, to make irrigation not | only feasible but very reasonable -i the claim of George H. MeMahon, sistant state engineer in a letter to| Editor Ed. J. Sullivan of the New! {Salem Jiournal. The state engineering department | |has located two points where reser- yoir sites can be constructed at a very Small cost per acre to the land whic y| would come within the irrigation pro- |Ject. The same is true of the Can- |non Ball river for a distance of some | 250 miles, it is said. | | “Directors of the Mandan Commer- ; cial club at a mgeting wil] tak2 up the matter of securing de- | tailed engineering estimates: | The first irrigation project using | the water of the Heart river will be | jlaunched this Spring by the Stace | Training school. Supt. W. F. Me-, ; Clelland plans on installation of ay | pumping plant, large reservoirs upon | | the hills back of the level ground and irrigation of the fields Wednesday | case costs only few cents Es stomach relief and shortly | store. eat favorite foods without fear. Large | at drug; Millions helped annually. Adv.jtheir regular meeting at the Commer- The Mandan Musical Club will hold | | THE BISMARCK TRIBUNE cial-Club rooms tonight at 8 o'clock. The following Program will bo given: ‘Synopsis—Mrs, Shinners, Vocal Solo—“To a Wild Rose”— —Mrs. 'Hearl. Piano Solo—By a Meadow Brook,” Mrs, Winifred Chaffin. Vocal Solo—“Thy Beaming Eyes,” Mrs, O. M, Lifson. Charles Jacobson of Sims, farmer, who~was taken into custody the lat- ter part of last week by Sheriff Jack Brady upon complaint of neighbors that he was acting queerly, was exam- ined by the county hoard, Judge B. W. Shaw, Attorney ©. F, Kelsch, and Dr. Walter C. Aylen, was adjudged insano and‘ committed to the state hospital at Jamestown, INSPECTION OF State Fire "Marshal Bismarck, FIRE RISKS T0 BAND MEETING BE MADE HERE|so so onesie any sons Word; Tells Citizens to Put Houses in Order among other principal Receives A son was born to Mr. Alex Ferderer yesterday, and Attorney A, T. Faber has returned from a business trip to ‘New Salem. ODD FELLOWS GET UNIFORMS Patriarchs Militant, Uniformed Rank, to go to State Convention No court has been held by Judge jtant, Independent Order of Odd Fel. lows, held a meeting ‘last night and drill. The members of the order, thi highest branch of Odd Fellows, ap peared jn their new uniforms for th first time. with Major C. L. Hanson present. The new uniforms consist of fatigua| The}; dress uniform includes chapeau with and dress uniform for each man. ostrich plume, sitigle-breasted bla military frock coat, black trousers. A sword is carried, The uniform cost between $90 and $100 each. Mrs. There was dfill under the command of Captain P. G. Harrington, The cities of North Dakota, will be visited in the near future by inspectors of the National Board: of Fire Under- writers, who will.revise the rates in North Dakota, according to R. A. Middaugh, state fire marshal, who has ter I. Fisher, manager of the general inspection company of Minneapolis. “Before this inspection is made, re- pair that chimney, put a thimble around that stovepipe and see that the distance / from wooden ceilings or walls ig one ard one-half times the diameter of stove pipe,” stys Mr. Mid- daugh in an open letter to the public. He continues: Clean that dirty chim- ney, clean out that rubbish and old ipapers,, no matter where located, get ithat defective wiring repaired, move that gasoline can out-of-doors, take those papers or combustible shades off of ‘electric lights, keep oily mops and rags in tin’ containers where they can “burn up. without damaging sur- rounding property. “‘A clean house “or business place makes fora safe’ home or mercantile risk from’an inspector’ 's point of view ‘and you will be Yepaid in dollars and {eents for making this pre-! inspection. {Remember the insurance companies don’t care. hey’! insure anything .|for 2 considerationand th consideration or’premium is based on the risk. “If you know of bad conditions that need looking after notify the chief of e e Ss. mount of ; jrecewed this inforrtation from Wal- u i Band in Bismarek BP pee —— A meeting will be held at the high} at which recruits for a proposed Boy | Scouts band wjll be sought. Cc. H. Geil. of Steele, sicians Wm. L. present. Several meetings already have held ject of organizing the scout band. Ssyents of scouts are invited to the} primarily ito explain the plan to them. Mr, Geil said his organization had formed bands at, Tappen, Driscoll, Steele and Medina and <all are in flourishing condition, ELTINGE Betty Compson, the n2w Paramount star, was seen to fine advantage in “The Little ‘Minister," a Paramount picture produced by Pen- rhyn Stanlaws, on its first Spresenta- tion at the Elting> theater last night. This capalte young star was charm- ing as Lady Babbie and she brought ——————— TO BE BE HELD school tomorrow night at 7:30 o'clock; ‘secretary of the Mu-| Progressive associgtion, and, | Much used by elderly people for constipation, biliousness, head- aches, etc. MANY mei and women, as they grow older, suffer: constantly from little ills, The cause is the poisons produced by chronic constipation, result- ing in headaches, depression, ploating, sour stomach, bad Hes Dodson, of Steele, will be} | been with Scout Masters on tthe sub-) ing tomorrow night, it being held} splendid | breath, ete. A single bottle of fr. Caldwell’s Syrup Pepsin will prove to you that you can so regulate yourself that elimi- nation will occur promptly every day. Increased doses | are not necessary. It isa com- bination of Egyptian Senna and othersimplelaxativeherbs with pepsin. The cost is only about a cent a dose. In spite of the fact that Dr. |.Caldwell’s 8 Syrup Pepsin has been on the market 20 years and is today the largest selling liquid laxative in the world, the formula has never been im- proved upon. It is safer and better for you than salts, minerals, calomel, coal tar and such drastic purgatives. Half-Ounce Bottle Free Few escape constipation, so cvs require a laxative at this df Trial | | east indeed was beyond criticism and the settings showing the Thrums vil- lage, the manse, kirk and so on, were admirably executed. Much credit is due the producor, Penrhyn Stanlaws, to the role the gypsy-like character which fi demands. All who have read the novel by James M. Barrie, jor sen jthe play in. which Maude Adams red so decisively several years will be delighted with this pic-}for a well sustained and artistically presented screen version_of this fam- Miss Compson was ably supported jous story, The picture is shown again tonight. TRIBUNE WANTS—FOR RESULTS {by George Hackathorne as Gavin, the little minister and Nigel Barrie as the hateful Captain Halliwell. The entire Canton expects to appear in full dress uniforms in parade and is planning to attead the next, state convention of your city fire department.” Prof. and Mrs. C. Earl JoDell Odd Fellows.* ferred on Christ Nilsson is now about twenty. JURY CALLED BACK T0 COURT The degree was con- st night.. The membership of the organization | ‘WM. CARMICHAEL LAID TO REST — The body of William Carmichael, Jr, 17, who was struck and killed by a train at Mandan, was laid to rest yesterday in Fairview cemetery. Fun- eral services were held at Mandan at the Kenelly Underfaking parlors and tht body brought to Fairview ceme- tery, Bismarck, for burial. Short services were held at the cemetery, with Rev. H. C. Postlethwaite officiat- . In the treatment of all skin troubles bathe freely with Cuti- cura Soap and hot water, dry gently, and apply Cuticura Ointment to the affected parts. Do not fail to include the ex- quisitely scented Cuticura Tal- cum in your toilet preparations. Sample Bach Free by Mall. Addvpss: “Ontleara Lab- Dept,11G,Malden 48, | was originally ,brought by W. A. An- | that these were purchasca at a fair) | child. jlittle tongue is coated, or if your child ior has colic, a teaspoonfull will never | morrow. Armory Personal Property Case Up For Trial Today Part of the jury panel in distri court was called back this morning to, hear one of the armory casés. The 25 members of the panel summoned |were presented at 10 o'clock, but a message was received saying Judge! ‘offey had heen unable to catch the} j train from Jamestowg last night, and would not arrive until noon, The case is styled Company A. Firs Regiment, ;North Dakota Na- tional Guard Training School, a cor- poration, vs. Edmund A. Hughes, The flaintiff alleges it owns personal property consisting of steel lockers, roller skates, etc., which it claims the defendant obtained possession of and places the value at $4,900. The case derson, assistant attorne; seneral | GC. L, Young, attorney for Mr. Hughes, | filed a general denial, except as re-} gards the lockers, and maintained price. Title to the armory property ; is not involved in this case. .o court has been held by Judge Coffey since Friday. NEVER WANTS ANYTHING ELSE “I tried many different kinds A cough medicines,” writes Mrs. B. K. Olgon, 1917 Ohio Ave., Superior, W | “but Inever want anything else thai {Foley's Honey and Tar. 1 use: it for! | all my children and also for my grand- Tt has always done fine work.” Foley’s is a pure, wholesome and ab- solutely safe remedy for the relief of colds, coughs, croup and whooping cough. Children like it and it checks ¢ sneezing and snuffling. Adv. MOTHER, QUICK! GIVE | CALIFORNIA FIG SYRUP; FOR CHILD'S BOWELS seeseresooeseoeseeseeseeeeeeenreenne 9Oes oor: Even a sick child loves the “fruity” taste of “California Fig Syrup.” If the’ is listless, cross, feverish, full -of cold, fail to open the bowels. In a few hours | you can see for yourself how thorough- | ly it works all the constipation poison, sour bile and waste from the tender, little bowels and gives you a well,; playful child again. i Millions of mothers keep “California Fig Syrup” handy. They know a tea- | spoonful today saves a sick child to-| Ask your druggist for genu- | ine “California Fig Syrup” which'has | idirections for babies and children of | all ages printéd “on bottle, Mother! | | You must say “California” or you may | get an imitation fig syrup, Adv. | $140 POSITION FOR D. B. C. MAN | This phone call was réceived re- cently at Dakota. Business College, Fargo, N. D.: “‘Send us a capable steniographer—one worth $140 a month to start:’’? The-speaker v:as W. E. Berner, Supt. of the N. P+ Ry., at Jamestown. Carl Nelson was sent. The better positions are offered D. B. C. graduates, because | they’re taught by practical office , work as well as by text books. | All Fargo banks employ D. B. C. graduates. Eight are now offi- cers, Hundreds have made good elsewhere. ‘‘Foliow the Succe$$- | ful.” Write F. L. Watkins, Pres., | 806 Front St., Fargo, N. D. | jing. were received, Many beautiful floral offerings TONIGHT “COUNTRY -STORE” ——At The— RIALTO THEATRE p 25e. Ointment 25 and wes Waw“Cuticura Soap shaves without mug. ‘alcum 25e, Tomorrow Night Only AUDITORIUM Loew’s Vaudeville Road Show NORTON AND WILSON +in-— “Diversion of 1921. es Special Scenery. PEARL ABBOTT AND CO. pie | eee _ Comedy Dramatic Skit “Silver Threads.” ARTHUR DEAGON “Humorist.’ ? Late Star of Zeig‘field’s Follies. Also Play- ed Bismarck in “Time, Place and The Girl” and “Peggy From Paris” also “Belle of New York.’ JACK MARTIN A » ND CO. Special Scenery. “Superb Moments From Musical Shows.” PHOTOPLAY FEATURE ALICE JOYCE —in— Unique Photoplay of Suspense, Mystery and Action. ar “THE SCARAB RING” With Special Music Score. FULL ORCHESTRA MUSIC ONE PERFORMANCE ONLY. ALL SEATS RESERVED. SEAT SALE NO! NOW ON AT HARRIS & & CO. ‘COMING NEXT WEEK | The Most Sensational Act in Vaudeville “SAWING A WOMAN IN HALF.” —of the— MINNEAPOLIS SCHOOL OF DANCING Now Located at BAKER’S HALL MONDAY, WEDNESDAY, FRIDAY, From 12 Noon to 10 p. m. TUESDAY, THURSDAY, SATURDAY, From 12 Noon to 8:30 p. m. ‘ Our methods of teaching are the latest and our experience enables us to make it a pleasure to the most difficult student. All Instructions Strietly Private. Do not hesitate to consult us—as we will cheerfully render all possible assistance. DON’T FORGET Two Packed Houses —The Big— : last night saw and enjoyed Country D. W. Griffth’s Store “Dream Lots of Big Prizes Given (This Week) “away. TOM MIX in his latest, biggest, best feature —Also— “THE LITTLE MINISTER” from the famous story by = J Barrie. “ ” 5 yee SKY HIGH va 1 a :, i in th k- ir Complete Change of* Pro- Bight months in the mal ‘s, gram Wednesday ing. Next week. LTING THEATRE Direction Valleau Theater Company TONIGHT. “THE LITTLE MINISTER” with Betty Compson BUSTER KEATON ' ; in “THE BOAT” TOMORROW and THURSDAY ~ THOMAS MEIGHAN in “WHITE and UNMARRIED” BEN TURPIN in “LOVE and DOUGHNUTS” Evenings 7:30 & % M atinee Daily 2:30,