The Bismarck Tribune Newspaper, February 15, 1922, Page 3

EDNESDAY, FEBRUARY:15 BURKE COUNTY” _ TAKES UP TIME IN HIGH COURT Decision Given in One Case From ‘Burke on Election Contest; + Another Argued N. P. CANDIDATES LOS: County Commissioner and Sher- iff Backed By Independents "Win Election Contest One phase of tangled affairs in Burke cpunty was cleared through a decision of the supreme court here, another advance toward decision by aygument in the court and a third law suit may arise from the decision of the supreme court. John O. Grubb, Independent, and Ed Drinkwater, Independent, were up- held in their suits in which they suc- /cesstully wontested the election of Jake Dewing and Andrew Nelson to the offices of county commissioner and sheriff respectively. Four judges upheld the Independents while Jus- tico Grace concurred in part and dis- sented in part. The contest dates back to the elec- tion of November, 1920, ‘Nelson and ~ Dewing, known as Nonpartisan candi- dates, although all names on- the county ballot are without party desis- nation, were declared elected by the}. canvassing board. Grubb and Drink- water won in the district court and were held entitled to the offices. Various violations of election laws were charged against the Nonparti- sans and counter-charges were made. Among the charges. of fraud were those gnowing oftof rendering of as- sistance to voters in the booths. Judge Birdzell, writing the opinion, summarized the case by saying that “Section 988 of the Compiled Laws of 1913, which provides for rendering as- sistance to voters wh declare to the judges of election that they cannot read or that owing to blindness or physical disability they are unable to mark their ballots is mandatory, and where one judge of election is shown to have accompanied a number of vot- ers to the election booth where no such disability appeared or was de- clared, such votes, upon contest, can- not be regarded as legal.” The evi- tence in this case, the Grubb-Dewing case, and the Drinkwater-Nelson ‘case, was substantially the same. Grubb, who took office as county commissioner, following ‘the district court decision, was removed by Gov. Lynn J. Frazier when governor, to- gether with H. A. Kirkilie. Since the supreme court decision handed down yesterday afternoon, it is expected that Grubb will appeal from the Gov- ernor’s ordef-of removal to the ‘dis- ‘trict court. Treasurer Case Argued Edward Sinkler and L. J. Palda, Minot attorneys, argued another Burke county case before the supreme court late yesterday, the case brought by C. J. Kropriva, county auditor, against Lawrence Larson, former treasurer and the First Natoinal Bank of Bowbells. The complainant charged that three days before Larson was succeeded in office as county .troasurer, on April 27, he placed $19,000 in the First Na- tional Bank of Bewbells and received certificates of deposit. It was charged that a total of $166,000 was placed on certificates in various banks. The auditor asked a writ of mandamus to compel’ return of the money and it was granted by District Judge Lowe, from which order an appeal is taken ‘by Larson and tho bank. : The case involves the right of a treasurer to place certain funds on certificate of deposit and also the question of whether the banks were then legal depositaries. TELLS JURY HE DID NOT VISIT ROOM OF GIRL: , (Continued from Page 1) the billiard hall to his room in the Addison apartments. Fourth, that he remained in his room from that hour until 7 a. m,, when he says he was called by Mr Thompson, proprietress of the Addi- son, and that he was not out of the room at any time during the interval, akout 1:20 a, m,. to 7 a. m. Fifth, that he left the rooming house garbed in his street clothes, donning the clothes he used while painting when he reached ‘the job on which he was working, which was the Knight residence, on Eighth Ave. N. Relates Jail Incident Testimony concerning the time that he met Gummer in the corridor of the Cass county jail, at which time a prisoner, Roy Murphy, testified that Gummer and Brown exchanged ad- monitions to*“stand pat’ was being developed when the noon recess was taken. Brown stated the circumstances at- tending that chance meeting of him- self and Gummer, saying that James Maloney, the jailer, was present dur- ing the entire time, and Brown testi- fied that Murphy was standing near- by, and that he was “moving around some.” He definitely fixed Murphy’s position. as on the south side of the stairs, while Gummer leaned over the post of the north side of the stairs, . Brown, himself being seated on the second or third step trying on a pair | of shoes. Brown said that any remarks he or Gummer may have made could have been heard by Maloney. On one oc- casion during this chance meeting of ‘Brown and Gammer, Brown said Ma- loney opened the door of the jail, opening into the corridor where they were seated, and that Maloney step- ped out through the inner door of the outer pail door, crossing a hall or en- tryway, about six feet wide, in so do- ing. At that point the examination of the witness was interrupted by the|J noon recess. Brown seemed to have betier pos- —OOOOOOoOOaeeeee—e B. S. ENGE, D. C. Ph. C. Chiropractor Consultation Free. ; Suite 9, 1i—Lacas Block—Phone 263 session of himself than he did on the occasion of his previous appearances. He answered questions slowly and de- liberately. 7 The possibility of an “outsider” having murdered Marie Wick, young girl of Grygla, Minn., on the night of June 7 in the Prescott hotel in Fargo and sneaked out of the hotel without alarming the occupants of the house will be presented by the defense. Foundation was laid to prove how the assassin escap2d in the testimony of Brown and Gummer. . 963 DIVORCES. | IN ST. LOUIS IN 4 MONTHS This Was Number Granted, Al- though 1,368 Petitions Were Filed AVERAGED TEN A D. St. Louis, Feb. 15—Ten divorces de- crees a day was the average main- tained by the court of domestic rela- tions here during the first four months of its existence, according to a compilation by the court clerk. At | total of 1,208 divorce petitions were filed, of which 963 were granted. In about 50 per cent of the cases the cus- tody of the children was made the main issue, while the other 50 per cent of the couples had no children. For various reasons, 178 petitions were dismissed. The month of November with 224 showed the largest number of decrees granted, followed by 154 in January, with October and December in the or- der named. Since, the establishment of the court, which was authorized by an act of the state legislature in 1921, the speed of the divorce mill in the local courts has been. reduced greatly. It was formerly possible to obtain a decree of divorce immediately after the filing of the petition. However, since the court of domestic relations has taken over the settlement of domestic troubles, ten days at least must elapse between the filing of the petition and a hearing in court. An- other ten days at least, is required for an investigation of the charges.” “Among the benefits of the new court,” Judge Vital Garesche declared, “the safeguarding of the interest of the children of unhappy marriages has become the foremost issue. In many cases, where the couples had children, a reconciliation has heen effected and happiness restored in the homes, all for the best of the children and all on account of the children.” OPIUM DEN IS RAIDED; PIPES. CONFISCATED) Devils Lake, N. D., Feb. 15.—A raid on the Lake cafe,,here, a Chinese restaurant, by Sheriff Ed Elliott and) Police \Chief Peter Timboe revealed the fact that Devils Lake had an opium den. In the raid the officers found about $600 worth of opium, a pipe, scales and several pipes in the course of construction. Lem Hong, cook in the cafe, was arrested when he admitted that the goods belonged to him. He will be held here for the federal authorities. The police also found that in the basement of the res- taurant there was a regular opium ‘den, with two beds hung as shelves. Hong, it has been learned, has been selling opium in the city, plac! quality of it between two _playing cards, and selling the cards for $3. Jn the basement the police also found a large still, and a quantity of brewing mash. This is the fifth still that has been seized in this vicinity, in the last two weeks. « ASK ALLOTMENT FOR INDIANS Selfridge, N. D., Feb. 15.—Pointing out that Indians of the Standing Rock reservations are in financial straits because of poor crops, and low prices of grain and cattle, the Selfridge Community club has adopted a res lution, copies of which are to be s to the commissioner of Indian affairs at Washington, D. C., and to the dis: trict’s congressman and the two U ed States senators from North Da- kota, which asks that a ‘per capita payment of not less than $50 be paid as soon as possible to Indians of the reservation from the fund of about | TONIGHT — ONLY “THE DIVID ., cil, with the following officers: Or “Sawing a Woman in Two.” Astonishing and Mysterious Act : in Vaudeville. ; JACKSON AND TAYLOR —Assisted By— : MORTY HOWARD In “Shimmy Inn” $70,000, now standing to their credit from the sale of first tribal lands. The resolution further recites that lo- cal.banks are not in a position to ad- vance further money to the Indians, and that the $50 per capita ‘payment will greatly aid. them in buying seed grain, and food for their families, APPEAL TAKEN IN MESSENGER BOY CLAIM CASE An appeal from the workmen's compennation bureau in the matter of the claim of Cecil McCrorie, West- ern Union messenger boy, whose. leg was broken a few months ago when a tombstone fell on him, has been taken in district court. The compen- sation bureau has not closed the case, is was. said at the bureau, and the appeal was taken only that the boy’s rights might be preserved. The claim for compensation was tentatively turned down 6n the ground that the boy was playing and not en- gaged in his werk at the time, an af- fidavit being filed. to that effect. Counter-aflidavits have been filed and the entire’case probably will be heard again soon. * LEGION WILL DISCUSS BONUS All Gther pended at Meeting 3usiness To Be Sus-| The American Legion, it was an- nounced today, will suspend all regu- lar business at the meeting next Wed- nesday night, Februa iss the bonus, or four-fold compen- ion plan. The Legion bonus com- mittee will present the arguments of the Legion for the four-fold plan, The Adjutant announces that a letter will be sent by the Secretary of the Com- mercial club to all members inviting them to be present and participate in the discussion. 175 MILES OF GOOD HIGHWAY Williston, N. D., Feb, 15.—-With 175 miles of its county-township system of roads already constructed and their maintenance forever provided for. Williams county holds a position of prominence with respect to highway development, according to the report issued by county surveyor A, F, Young, which shows that 32 townships in Williams county have participated in the dual road:construction program during the last three years, of which number 16 parti d in 1921, Plans are now under way for equally strong THE BISMARCK TRIBUNE U PAGE THREE CHURCH IS NOT QVER-ORGANIZED ASSERTS LEADER Rey. George Mecklenburg Speaks Upon Financial Questions At Conference DETAILS THE PROGRESS Financial Test Is One Method of Disclosing Interest in Church Work Rey. George Mecklenburg, secretary of the Helena Area and the leader of the team which is conducting the District Conference Institute spoke as follows: “The Methodist Episcopal church is in the midst of a great forward mevement campaign which comprises GEORGE MECKLENBURG higher efficiency and better methods in the church work at home and a greatly enlarged work in the foreign fields. The financial test is by no means the complete barometer of the vitality of church life. But it is the most available test that we have of interest to the people cf the church in the work of the church. In the year 1910 the church gave for henevo- lent purposes only $2,616,000. It was in 1920 that the church began to take its work serietisly through the im- program for 1922, petus of the centenary campaign. She POSTAL EMPLOYES ORGANIZE, Minot, N. D., Feb. 15.—Minot post- office employes have organized a locah branch of the National Welfare coun- LM. Swigart. assistant postmaster, chair- man; H. A. Monagin, vice-chairman, and A. G. Bennett, secretary WILLISTON ELKS TO SCOBEY, Williston, N. D., Feb, 15.—Williston, Elks went to Scobey, Mont., Monday in a specially chartered car to help initiate about 60 Elks, in a three-day ceremony. Scobey 1 an Elks club of about 50 members, all of whom are members of the Williston club. ‘s00n, caned br Dr. Kags ies Discovery. Fifty years a remedy for colds, Children like it. No harmful drugs. All druggists, 60c. Dr. King’s New Discov For Colds and Coughs Make Bowels Normal. Nature’ way is the way of Dr. King’s Pills— gently and firmly regulating ‘bowels, eliminating the intestine waste. At all druggists, 25e. PROMPT t ‘WON'T GRIPE. ir. Kin ’s Pills | AU ont cough victent paroxysms of couging DITORIUM gave six times’as much formerly. During the past year 1921 which was a very hard year financially there was given by Methodists througi Centen- ary subscriptions and through the CA ‘LAST TIME TONIGHT RUDOLPH VALENTINO and ALICE TERRY : ; —in— “The Conquering Power” TOMORRGW—FRIDAY—SATURDAY The Greatest Race Track Drama Ever Staged. i With Mary Care Famous Mother of “Over the, Hill” and | Violet Messereau. A better picture than “Im Old Kentucky.” ¢ Coming DOUGLAS FAIRBANKS : an “T}E THREE MUSKETEERS” “Here is presented to you the'sr a marvelous, magnificent photoy without a single dull moment thr before in film history has there ing blend of humor and pathos, and of sorrow, because never has scope and in appeal to “The Th “WHERE EVERYBODY GOES” ATTRACTION EXTRAORDINARY Meee [How ISIT DONE| ED : WOMAN” The Most ONE SHOW ONLY. STARTING 8:00 SHARP. Loew Vaudeville Road Show--5 Acts HAMILTON THE ENTERTAINER CHAS. AND CECIL McNOUGHTON Says —in— YG AC “GETT DAVID BAMBERG Eight Little Fingers an FEATURE P. ENID BENNETT ass | oe “KEEPING UP Comedy Drama. ORCHESTRA MUSIC PITO THEATRE of love and jealousy, of happiness ! j work of the: Woman's Foreign. Mis-| ulead for March 3, has been called off, sionary society $20,000,000 for mis- by the Canadian institution. No ar- sionary work. rangement has been made to fill the Money Paid In, {date, but negotiations are under way “The money-paid on centenary sub-| With other schools. Be ptions during the past year w Fe PEN divided between the various benevo- 7 lent boards of the church as follow: ROTARIANS HAVE Board of foreign missions . $5,789,462. Board of home missions j and church extens: Board of education.... Board of education for 3; FE. G. Quamme, of St. Paul, presi- \dent of the federal farm loan bank of negroes 720,000.01 |the seventh district, spoke to the Ro- Boarll of Sunday schoo 300,000.00 | @tY club at moon today on the gen- Board of temperance, pro- jeral business situation and particular- ; : situation, Judge hibition and public mor- 150,000,001 2: M. Christianson talked upon the sees 2% 16 a 0.001 lessons of the life of Abraham Lin- 50,000.00 | coin. ‘There were a dozen visitors at ety... General Deaconess hoard. 45,000.00) the lune many of them being Board of Epworth Lea- here to attend the farm loan confer- BUG! Se aigEN, br vlg stone + 85,013.00; enco, Other interests 145,18 TAGUS HAS SCOUT TROOP Tagus, N. D., Feb, 15—They Tagus ty,|troop of Boy Scouts was formalls launched at a meeting at which D, D. er for troop will d is foste ul club, the Total disbursements ...$14,290,792 In speaking on church publi Rey. George Mecklenburg sai church to be filled with people; Minot, was_ pres every service Sunday morning and/|start with 14 bo, Sunday evening provided the proper|the Tagus Commerc kind of publicity is given to the serv-jhas promised to p boys ice and provided a good average hon-| With a gymnasium. elings are to est service is provided. It is a sin | be held in the school building for the to be uninterested. Nothing shoula/Present. be more popular than a religious serv-| ice dealing with the greatest themes| on earth—human life, human destiny,| human need and all the dramatic ap- peals of history and literature. “A church should use the press and the weekly newspaper more than she is doing. Give the edi your local paper a gocd space ad once in a while, It will} make him feel good. it! costs money | to run a newspaper. , “The time is soon here when the sunited church will buy space in every Sunday newspaper and publish the gospel in bold head lines. We can-! not wait for folks to come to church. We must go to their homes and the whi BOND ISSUE ENCREASE Fort Yates, N. -D.. Feb, 1 The oux county commissic have just (revised 4 bond sale contract with the ily) W. L. Sh of 4foledo, Gaily | iio, providing for the sale at par of $90,000 of funding bonds, instead of Sioux pays the expenses of the bond mounting to abcut $4,500, The bonds are dated April 1, 1 MINOT TO VOTE ON BONDS, N. D., Feb. .15.--The Minot rict will vote Feb, 24 on the question of issuing $135,000 of jbonds to build a new school. Tt was ‘newspaper is the most convenient way | Ny planned to vote on a bond for publishing the gospel to those| isue greater by $65,000, this amount who will not attend chureh.” jfo be used: for ing outstanding ‘ sea warrants, Tt ha ce been decided ey pat sDroreirea te ie on {to eliminate the $65,000 item, under att ‘the prospect that sufficient taxes may church organization said: { fs , “Our church is not over orgahized jcome in to take up the warrants, It is cheap talk to say that the churen has too much organization. *Facts do 5,000 RUBLES OF STAMPS New Saiem, N. Feb. not prove that. We have a lot of 'ea) postoflice is trying to locate Jox- non-functioning committees that/onn Jonas, formerly of New Salem. A should either be discontinued Or |jetter addressed to him bas just been brought to life. Never set up an OY-/+eceeived here from Russia ganization in the church unless you} ctamng valued at 5.000 rut have a definite task for that organ-'ynee had a value of about 51 cents of ization to perform. It is a bad psy-| American money each. chology to set up a lot of machine! j ag: an al jen gover ond eee ing about|,, Dance at Baker’s Hall every The spirit of God is crow | a us. There is plenty of power to uitt | Tuesday. Thursday and Satur the world to a higher state. ‘The need jday nights. Best music and ig a channel through which that pow-/floor in state. 10c¢ a dance. -er can work for the saving cf hu- . manity. The power is here, It is up to us Christian people to produce the | organization and the machine.” | path : \ bearing DEBATE OFF i D,, Feb. 15—The | University of | MANITOBA-‘U”” Grand Forks, N. debate between the |Menitoba and the University of | North Dakota, which has been fener Monday eatest action picture ever made— play that is a torrent of power oughout its entire course. Never been such a gloriously entertain- there been a story comparable in ree Musketeers’. TONIGHT : ONLY LT MANY, VISITORS 15—The lo. | They | THEATRE Direction Valleau Theater Company COLE DOES NOT FEEL HIS AGE BY TEN YEARS “Tanlac Certainly Does What They Say It Will For I Know Prom Personal Experience.” Declares Well-To-Do Farmer. “Yanlac certainly does just what they say it will do, 1 know, because I speak from personal experience,” was the emphatic statement of |W. E. Cole, well-to-do farmer of Follette, Towa, “It took a good medicine to reach my case and build me up, but this is just what Tanlac has done in a re- markable way. When I began taking it T had been in wretched health for some time. My kidneys were in bad condition and my back hurt me so that I couldn’t bend over and straight- en up again without groaning, the pain was so great. It took all the grit T had to pull myself out of bed in the nprning and go to work. “It's a different story now, though. I'm as strong and healthy as ever in my li and neither feel nor look my age by ten yt Tanlac certainly does good work. “Tanlac is sold in Bismarck by Jo- seph Brelow and by leading druggists everywhere,” oe FOUND—Mesh bag containing sum of money. Owner may have same by paying for this ad. 2-15 2t WANTED—Maid for general house work, at Mandan. Call at the Fed- eral Employment Agency. State Capitol. 2-15-2t WANTED—Competent girl for gen- rral housework Mrs. C, B. Rosen, 31 Avenue A. Phone 822-M, 2-15-5t EAGLE Tailoring and Hat Works Dry Cleaning, Pressing, Re- pairing, Remodeling, Dyeing of Ladies’ and Men’s Clothes. Prompt and courteous service. Call For and Deliver. Phone 58 313 Broadway ag Bismarck, N. D. TONIGHT and Tomorrow Wednesday and Thursday - Noah Vale—book agent, inventor, philosopher and poor relation—one of the most lovable characters in the American drama. Will Rogers plays Noah as no other screen star could. His kindly grin, his tenderness, his unfailing hu- mor, all are beautifully revealed in the fine performance of ‘Goldwyn’s great star. = —and— Mack Sennett Comedy “BY HECK” K-I-N-O-G-R-A-M-S ING QUAINTED” WILL in “A Po d Two Little Thumbs. HOTOPLAY TONIGHT and TOMORROW ~ (Wednesday and Thursday) t ROGERS ; or Relation” ” Sennett Comedy. cist caka cies ssees “BY: HECKY WITH LIZZIE” FRIDAY and SATURDAY JACK HOLT : in “The Call of the North” Aesop Fable and “Netting the Leopard” Matinee Daily 2:30. Evenings 7:30 & 9,