The Bismarck Tribune Newspaper, February 27, 1922, Page 1

\ The Weather CONTINUED COLD FORTIETH YEAR BISMARCK, NORTH DAKOTA, MONDAY, FEBRUARY 27, '22 THE BISMARCK TRIBUNE[==1 PRICE FIVE CENTS SUIT STARTED “UNNECESSARY” Head of League Declares Agree- ment Made to Leave Paper Title to Convention INJUNCTION 18 Majority of State Committee Gets Order Directed Against Townley, Lemke ’ Fargo, Feb. 27.—A. C. Townley, president of: the ‘National Nonpartisan League, last night termed “unneces- sary” action begun in district court here Saturday to force Mr. Townley, ‘William Lemke and the Nonpartisan Publishing company, 8 common law trust, to transfer to the state execu- tive committee of the league gtock in the Courier-News, official league newspaper, to which they have title as holders in trust. Believing that Mr. Townley had come to Fargo to carry out a dea! for the sale of thg Courier-News to) a Washington, maf as announced in a letter to the state executive commit-| tee, the committee, through Attorney Harry Lashowitz, brought suit in the district court to force transfer of the| stock. At the same time the plain- tiffs obtained a temporary injunction restraining the defendants from in- terfering with or attempting to take possession of the Courier-News or interfering in the management of the paper by the league’s state executive committee until March 30. This was the date set for a hearing when the defendants must appear before the court and show cause why the injunc- ton should not be made permanent, Leaves it to Cqnvention. Mr. Townley told the Associated | Press last night that he had not! changed. his plans to carry out his! part of an agreement reached several | months ago which provides that no action be taken toward transferring | the stock in question until the state| convention to be held late rext month.) “It was agreed that the convention should decide who should hold the} stock,”: Mr. Towney said, “and I still intend to leave it up to the delegates. Their decision will be my decision.” Mr. Townley was confident that “ev- erything will be straightened out” at the state convention. ISSUED /€900,000 PAID One check of about $99,000 from the Northern Pacific, another of about $27,000 from the Scj> Line and other tax payments aggregating about $209,- bined to give Coun Flow an exceedingly che2rful disp sition. All the big corporations have paid their tax Mr. Flow said. Personal property taxes become de- linquent March 1. Following is a statenront of tax payment time: All Real Estate Taxes shall become due on. the-first.-day of Dezémbarcin each and every year for which th tax is levied; the full amount of the Hail Tax both flat and indemnity and one- half of the remaining Real Estate Taxes shall be delinquent on the first Fargo, N. D., Feb. 27.—Judge A. T.| Cole of the Cass county district court; Saturday issued a temporary injunc-} tion restraining A. C, Townley, presi-/. dent of the National Nonpartisan| league; William Lemke’and the Non-! partisan Publishing company, a com-| mon law trust, consisting of William Lemke, F. B. Wood, John Thompson, Herbert E. Gaston and Albert J. Fox,! from interfering with or attempting to! said take possession of the Courier-News| official league newspaper, or to inter- fere ‘With the management of itle| Courier-News by the league state ex-| ecutive committee. : The defendants, Townley, et al.,! ar- given-untit March 30 to appear ‘before the court and show cause why; the injunction shall not be made per-j manent. { It was. announced at league state; headquartefs‘ that this suit was; brought | because Townley and Lemke refuse to live up to their pro- mises made early last snmmer to give to the leaguers full title to the Cour- jer-News and also ‘because the com-, mittee had seen copies of a letter writ- ten in Washington, D. C., to North Dakota people by a man who claims that he has made a deal with Townley to buy the Courier-News. In this let-} ter, it»was said, this man asks for| financial aid in swinging the deal. The papers in the case were served; on Townley and Lemke Saturday while they were in conference with leaguers from various sections of the state. At this meetine Townley is said to have declared that he would not turn the paper over to the committee un- til the matter had been taken up at! the state convention to ibe held late next month. Townley, it is reported, admitted that he had repeatedly de- nied the state executive committee’s request that the farmers of North Da- kota, subscribers of stock in the Cour- ier-News, be given full title to the; papers It was shortly after Townley had} again repeated his determination not to give the league in North Dakota full title to the newspaper, which was purchased and has been sustained for three years by money solicited from North Dakota leaguers, that a con- stable served a copy of the complaint and of the court’s order on him. } \ Deiendants Held Stock It is set out in the complaint filed in district court today that the Cour- ier-News was purchased ‘by the Non- partisan league in North Dakota in 1915 and that at that time Townley! and Lemke were in charge of the| league management; that the capital! stock of the Courier-News at that time was placed in the name of the defendants jn trust because the league then organized could not leg- ally hold this stock. The complaint further alleges that the paper was purchased with the money contributed by the members; ‘that when the organization in this state elected its own managers, the executive committee of five, an agree- ment had been entered into with the holders of the stock in trust that it would ‘be turned over to this com- mittee or a board of directors selected to hold the stock for the membership. | it day of March fjollowing, and if said one-half becoming delinquent. on March first shall remain unpaid after that date, there shall be attached thereto a penalty of five per cent, and on the first day of June following an additional. penalty of two per cent, and on the first day of Niovember [cl- lowing a further penalty of three per cent on the original one-hali becom- ing delinquent on March first us atore- a The other half shall become delin- quent on the 15th day of Ostcher and if unpaid on that date, a ponalty of five per cent shall be added thereto: and if said second one-half of said tax remains unpaid on the first day of November an additiona! panaliy of five per cent shall be added. Tax Sale on the second Tuesday in December, being 13 months from the date of maturity of taxes. Redemp- tion within three years from th? date of sale with '5 per cent penalty and one per cent per month interest. Perfonal Property Taxes become delinquent: March 1, immediately suc- ceeding assessment. when a penalty of 5 per cent is added and interest at the rate of 1 per cent per month. Taxes not paid on or before October 15, will be placed with the Sheriff for ‘collection. SLAYER 10 GET LIFE SENTENCE Elkhorn, Wis.. Feb. 27—Fred Me- Bride, confessed slayer of Edward Thielen, his farm-hand chum of Ra- cine county, on November 20, ‘last, was to be sentenced to life ‘imprison- ment at Waupun today by Judge E. B. Belden in circuit court. GRAND JURY TO PROBE SWINDLE New York, Feb. 27.—Eight witness- es were subpoenaed to go before the ‘grand jury today and testify against Alfred Lindsay, former ck broker. ; charged by 11 men and women of cheating them out cf more thar $300.- 000 in bogus stock transactions. Lind- eay has been missing from his preten- tious Nyac hcme for more than a menth. GARAGE BURNED Dickinson, D. business secticn was threatened fire which broke out and des the Nelson hall of that ci raging blizzard of Tuesday night. The Nelson hall, a tw: ory frame structure with a garage occupying the first floor, and a large dance hall destroyed by the flames, the damage to the building and equipment being estimated at from $5,000 to $8,000. Quito, capital of Equador, is the It is alleged that this promise has not (Continued on Page 3) only city in the world located exactly in the equator. on: the second floor, was completely | MILITIA AT PAWTUCKET STRIKE i Troopers with fixed bayonets are guarding streets near Jenckes cotton mill, Pawtucket, R. I., where members of a crowd were killed and wounded when they refused to disperse after the riot act was read, /PROF. W. J. BELL eee QUITS PLACE INTOTREASURY. OF BURLEIGH CO. Personal Pfoperty Taxes Become Delinquent March 1, Cause Rush of Taxpayers Prof. W. J. Bell, of the Dickinson State Normal school, who was cen- ,Sured by the board of administration ;for making an attack upon State Su- !perintendent of Public Instruction {Miss Minnie Nielson, also a member af the state board, has submitted his resignation 'to President May of the | Normal school, and it has been ac- jcepted. Th resignation is effective at {the close of the spring quarter, June INDICTMENTS “ AGAINST HORSE ARE RETURNED | Eleven Others : Charged. With «Violation of Law. in Connec-., tion with Contracts Washington, Feb, 27—Indictments against Charles W. Morse, New York} Livingtone, of Washington, president | of the Virginia Shipbuilding Corpora- | tion, and seven others were returned today by the federal grand jury which ; has been investigating the war-time, transactions of Morse and some of| his associates with the shipping board. Ywo indictments were returned, one charging conspiracy to defraud the government and the other charging; conspirary to commit offens2 against the government. Those indicted either were or are still connected with the Groton Iron Works, Groton, Conp.; Virginia Ship- building Corporation, U. S. Transport Company, Inc., which concerns are known as the [Mprse companies. ‘Morse in a statement issued through his attorneys declared the proceed- ings agaist him were the result of animus on the part of Attorney-Gen- eral Daugherty. NO ACTION ON CENSURE CASE Justice Robinson Declines Com- ment on Charges Made The supreme court still had before it today the petition and complaint. which lawyers of the Fourth district bar association asked permission to file, containing charges against Judge Rebinson. Following consideration of the matter Saturday afternoon no an- nouncement was’ made as to whether br not the court would entertain the petition. ; Justice Robinson declined to make any statement on the matter. He had read newspaper accounts of the charges, but had not read the long pe- tition. —— ! Today’s Weather | ——— For twenty-four hours nocn, February 27. Temperature at 7 a. m. Highest yesterday . Lowest yesterday . Lowest last night . Precipitation Highest wind velocity .. 3 Weather Forecast For Bismarck and Vicinity: Fair and continued cold tonight; Tuesday fair end not so cold. For Njrth Dakota: tinued cold tonight; and not.so cold. o Weather Conditions A high pressure arza is central over Montana and covers the entire Mis- souri Valley. It is accompanied by temperctures below zero in Montana, the Dakotas and Minnesota, reaching |22 below zero in Montana. A low pressure area of considerable’ inten- |sity covers the southwest and is ac- |companied by genzral rain or snow over that section. | —ORRIS. W. ROBERTS, | Meteorologist Yair and con- Tuesday fair GUMMER GIVEN SENTENCE FOR _ LIFE IN COURT |Judge Charles M. Cooley Pro-! nounces Sentence in Barnes District Court COMMITMENT IS DELAYED) Gummer Not to be Brought to’ Penitentiary Here for Several Days mer, convicted of first degree murder ‘in connection with the killing of Miss Marie Wick, of Grygla, Minn, on June 7 last, today was sentenced to} life imprisonment in the state peni- tentiary at Bismarck by Judge C. M. Cooley in district court. Gummer appeared in court with his parents, and was somewhat paler than {usual. , When the court asked if there i were any reason why sentence should not be passed, Gummer did not an- swer. Gummer's attorney answered there was 'none, Judge Cooley said this afternoon he would etiter an order permitting the retention of Gummer in the county| jail several days. | This was at the re- quest of his attorney to permit con- ferences with Gummer on the subject of an appeal to the supreme ecurt, as W. H. Barnett announced he will do, 18 Lifers “Company.” William Gummer will find company in eighteen “lifers” in the state peni- tentiary here. ‘Seventeen of the 18 are serving life terms for murder while the eighteenth is serving a life sentence for assault with deadly wea- pons, it was said at the prison. Under a law passed by the last ses- sion of the legislature, Gummer can- not ‘be paroled until he has served one- half of his life expectancy. The law reads: “No person hereafter or heretofore convicted of murder in the first degree ghall be eligible to pardon, commuta- tion of sentence or parole until after he shall have been confined in the State Penitentiary for at least fifty per cent of the time of his life expect- ancy, to be determined on the day and entry of final judgment o conviction, } and such life’ expectancy shall be based on the life expectancy tables known as the Carlisle tables of mor- tality, or unless it shall be made to don Board that the person convicted | is innocent of the charge for which he was convicted.” Green “Bismarck Boy” | William ‘C. Green, states attorney of! Cass county, who successfully prose- cuted Gummer, was admitted to the/ bar in Bismarck. Coming here as a} young man he was deputy clerk of the {state supreme court under R. D. Hos-; kins for several years, studied law| and ‘was admitted to the bar. He also was a court reporter. Mr. Green met his wife, who was employed in the First National Bank, and they were married here. After several years’ | residence he left here for Fargo.) Charles Wattam, who left Bismarck | last fall, became Mr. Green's partner. | BURKETO BEGIN ALL OVER AGAIN Former Governor Hears Law-| yers Say “Not a Cent” New York, Feb. 27.—With the ma-| ‘terial for an honorable biography al- ready. behind him and at the age when most men sit back to contemplate wita satisfaction on a life well spent, John) Burke, former treasurer of the United States and former governor of North Dakota, is going to begin all over. In an office in New York ‘Mr. Burke heard the lawyers say: “Not a cent.” They ‘spoke of his personal fortune, and of the assets of the Kardos and Burke brokerage firm, which came to a dramatic crash. Sixty-three years old, bowéd with worry, Burke went to the office of David K. Kahn, attorney for Robert P. Stephenson, the receiver, turned over his bank book with deposits of about $1,500 and his paid up life in- surance for $6,000. It was all there was left. ‘ vel / Burke is left virtually penniless, it ending at was explained by Arthur L. Ross, his attorney. Seeing the condition of the firm, he put about $20,000 of his own money into it within the last two weeks, and it went with the rest. “ll begin over,” Mr. Burke said. . “The whole thing reminds me of the ‘old adage, ‘Cobler stick to your last,’ ” he continued. “I ama lawyer, I made 4 mistake by going into the brokerage business.” Mr. Burke has not decided whether he will return to North Dakota, where ‘once he made so propitious a start. WILL VISIT DEATH COTTAGE | Los Angeles, Cal., Feb. 27—A visit to the cottage in Beverly Glen near here, where J. Belton Kennedy, a brok- er, was shot to death the night of August 5 last, was expected to be taken today by the jury which is try- ing Mrs. Madalynne C. Obenchain for his murder. | Valley City, Feb, 27.—William Gum- hg wOSCHOOL BOND J U D G E MILLER ‘SEVERAL THOUSAND IDLE STEEL MEN GO BACK TO WORK IN OHIO DISTRICT One Mill Reaches 100 Per Cent Capacity Production For the First Time Since Depression Began — Others Open up More Furnaces and Plate Mills Report More Orders Youngstown, O., Feb. 27—Several thousand idle steel workers here went back to work today with increased ‘operations in the steel mills of this steel production today reached more than two-thirds capacity with tie Car- negie steel company, a corporation plant, operating 14 of its 16 furnaces. aistgiee More bar and plate Co. mills are BEC running than heretofore, with both The Trumbull steel company of|plate mills of the Brier Hill Steel Warren resumed operations.on a 100 per cent basis today, the first mill in this district to reach capacity since the depression began. Open hearth company going at capacity. All fab- rication plants also report better jop- erations. There is no change in the blast furnace production. ~~ Minot, N. D., Feb. 27.—By a vote ot} 404 to 142, nearly 3 to 1, the voters! in ‘the Minot special school district authorized the board of education to} issue bonds in the amount of $135,000 to provide for the erection of a nef} school building in northeast Minot. A total of 546 votes was, cast. .The HOLDS TERM OR COURT AT MINOT Number of Cases to be Disposed balloting, which was slow in the fore- j hoon, only about 60 persoys voting up| to noon, was accelerated -in the after- noon and a few electors were turned away after the polls closed at 4 p. m.! JEWISH RELIEF ORGANIZATION. IS COMPLETED Campaign for Funds to be Made in Burleigh County to Aid Europeans Organization for the Jewish relief campaign to be held in Burleigh coun- ty has been completed. Alex Rosen, county chairman, an- nounces that P. R. Fields and UW. J. Duemeland will act as chairmen of campaign committees and Anthur S. Bolster will be treasurer. Plans for the state campaign were date ‘and..ptrris.de..ons.the date. of.launched sometime ago.at Fargo when ti more than $75,000 was pledged. Ata ,meeting held here last week approxi- mately $1,000 was pledged to the fund. The Jewish relief organization is seeking funds to aid it in relieving shipbuilder, hig three’ sons; Colin H.| appear to the satisfaction of the Par-! wretched conditions in Poland and other eastern European countries where starvation faces thousands of people unless American aid is given. The organization of the American Jewish Relief won considerable praise during and just after the war for its excellent ,work in relieving distress. All Jewish of America are asked to give to the fund, and non-Jews are invited to contribute, it is stated. Alex Stern, of Fargo, is state treas- urer. OLSON SELLS BANK INTERESTS Deals Involve More Than Million Dollars Van Hook, N. D., Feb. 27—A trans- action of unusually large ‘proportions for these parts has just been com- pleted whereby Jiourgen Olson of Mi- not sells all of his interests in his line of banks, involving somewhere ‘around a million dollars, to Van Hook men, The purchase includes the fol- lowing banks: Farmers ‘State ‘Bank, Sanish;. Citizens State Bank, Tagus; Blaisdell State Bank, Blaisdell; the American State Bank, Burlington; be- sides the Scandinavian American State Bank, Van Hook, for which tho deal was closed in January. The men who are now at the helm of these banks are J. W. Sherry and W. M. Stenshoel, of Van ‘Hook, O. E. Lukkason of Tagus, and JohnH. ‘Wer- ner of Burlington. Officers have been chosen for the new banks as follows: Farmers State Bank of Sanish: President, J. W. Sherry; Vice Presi- dent, John (IH. Werner; Cashier, Paul Sigurdson. ’ Citizens State Bank Tagus: Presi- dent J. W. Sherry; Vice-President, John H. Werner; Cashier, O. E. Luk- k ason. Blaisdell State Bank, Blaisdel!: President, J. W. ‘Sherry; Vice-Presi- dent, O. E, Lukkason; Cashier, W. M. Stenshoel; Assistant Cashier, Olava Granrud. American State Bank, Burlington: President, J. W. Sherry; Vice-Presi- dent, W. M. Stenshoel; Cashier, John H, Werner. Bloomington, Ill., Feb. 27.—Robert A. Schlossher, of Pontias, was committed today to the state hospital at Kanka- kee following the finding of Schlos- sher, his wife and children in a starv- ing condition in théir denuded home. Obeying what he declared to be the voice of the Lord ordering him to cast out all modern comforts he had stripped the house ‘bare of furniture, stoves, even tearing out the plumbing and electric wiring. The entire fam- of in that City During the Present Week TERM HERE OPENS MARCH 7 Trial of Criminal and Civil Cases; on—Grand Jury is Called For March 13 | Judge Andrew Miller, of federa! court, is to go to Minot today from Fargo, where a term of ithe federai court will be held beginning tomor- row. There are a number of cases in| the Minot district to be disposed of hy Judge Miller at this term of court. Following the holding of the short} term at Devils Lake to take care of cases in that district Judge Millec} went to Fargo to transact some bus- iness. t Judge Miller is expected! to return! to Bismarck the latter part of the week and prepare for the holding of; this first jury term of court in Bis- marck, which will begin on March 7. The panel of jurors will be. called from various parts of the state to tes-| in-@ number of cases. expected: bé’heard Here} both criminal ahd civil.; Among those officials who will .be: here for the term are District Attor- ney M. A. Hildreth; Assistant District | Attorney S..L. Nuchols, Clerk J. A. Montgomery, U. S. Marshal 8S. J. Doyle and deputies, GRAIN GRADING LAW INVALID TOWNLEY SAYS SUPREME COURT OF U.S, DIVIDES IN ITS OPINION Opinion Read by Justice Day Holds it Interference with Interstate Commerce |8 JUDGES IN DISSENT |Case Instituted by Farmers Grain Company of Embden, N. D. Decided Washington, Feb. 27—The North Dakota law regulating grain inspec- tion and purchase was today declared invalid by the supreme court in an opinion read by Justice Day. The U.S. district court in proceed- ings instituted by the Farmers Grain Company of Embden N, D., upheld the law. The court of appeals for the eighth circuit reversed the decision, holding the law in conflict with federal sta- tutes and an interference with inter- state commerce. Justice Brandeis announced he and Justices Holmes and Olark did not ap- prove the opinion. He asserted the law was a valid exercise of the state’s police power to provent the perpetra- tion of fraud within the state and pro- tect the consumer against the seller. He stated the court should have up- held the law eliminating any conflict there might have been between state law and federal law. The suit involving the state grain grading act was started by the Farm- ‘ers Grain Company, of Embden, in the federal district court for ‘North Da- kota, District Judge Amidon decided in favor of the state. The case was appealed by the grain qompany to the United States Circuit Court of Ap- peals which sustained the grain com- pany. The state then appealed to the United States Supreme Court which now sustains ‘the company. The grain grading law was the causo of much discussion and was, heralted by the ‘Nonpartisan league as one of the major accomplishments vf a league legislature. 3 J. F. T. O'Connor and Sveinbjorn Johnson were attorneys for the srain ‘company when’ the suit was instituged: Mr. Johnson retired from the case last fall when he entered. the cam- paign and whon he became Attorney- General continued the appointment of Seth Richardson, of Fargo, to uphold the law in the case in the supreme court. The first grand jury to be called by Judge Miller wifl assemble in Bis-| ‘marck on Monday, Margh 13. The} panel has been drawn by Clerk Mon:-} gomery in Fargo. They are 24 mem-| bers of a federal grand jury, which | is expected to be. in session for sev-| eral days disposing of a great deal of} business which has accumulated dur-; ing the several months. A large num- ber of alleged violations of the Vol-| stead act will be considered, it is ex- pected. Complaints on which search war- rants were issued by U. S. Commis-} f\sioner Fort here were filed against a number ef citizens of McIntosh coun-! ty, and searches conducted by federal! prohibition agents. No arrests have been made and evidence gathered, it! is expected, will be presented to the; grand jury. ATTACKS WIFE THEN SLASHES | HIS OWN THROAT Miami, Fla., Feb. 27.—The lives of! E. C. Frady, president of the Cole Motor company of Chicago, and his according to surgeons at the hospital lowing Frady’s attempt to kill his wife and then end his own life. Mrs. Frady was shot three times by her husband, who then slashed his throat with a pen-knife and safety razor blade. KILLDEER BOND Killdeer, N. D., Feb. 27.—The school bond election resulted without a dis- senting vote for issuance of bonds. wife were hanging by a thread today,: where both were taken yesterday fol-| ISSUE CARRIES) The grain company alleged the law was invalid because congress in pass- ing the grain standards and inspec- tion act pre-empted the field and the state could not occupy the field where there were inconsistencies between the state and federal laws; that the state was attempting to regulate in- erstate commerce in virtually pro- hibiting shipments of grain from the state that had not complied with the state inspection when the federal law permitted shipment of the grain out of the state to the federal inspection | Points. It has been contended that the fed- eral and state grain grades are virtu- ally the same, although there are the above alleged inconsistencies in ad- rministration. ae Saree t. | STATE LOSES RATE SUIT | —s - > Washington, Web. 27.—Rnilroad passenger fares within a state are subject to regulation by the federal government, the supreme court today declared. The court sustained the lower court which prohfbited the Wisconsin rail- |road commission with interfering with the C. B. & Q. in putting into effect increases in passenger fares in state travel authorized by the Interstate ! Commerce Commission. The Wisconsin rate case was re- garded as a test case involving the constitutionality of the Esch-Cummins law and the power of the Inter State |Commerce Commission over the state commissions. The state of North Da- kota was deeply concerned in this case, as it decided points involved in the fight against increases in railroad rates started in this state by Former | Attorney-General Lemke. | The decision establishes supremacy of the Interstate Commerce Commis- sion over the states‘in rate making even within states. There were ninety votes cast, thirty women and sixty men registering. Work of printing the bonds will be- gin soon and bids will be accepted for the entire issue about March 15. This will put the district in good shape financially. If crop and stock conditions are good this fall and all taxes are paid up, or most of them paid, the Killdeer school district should be in excellent financial con- dition next year. ‘DENIES FOOD, COMFORTS TO FAMILY, SAYS HE HEARD “VOICE OF THE LORD” ily obeyed a further behest to abstain from food. The children were placed under a physician’s care, the condition of one being precarious due to the long fast- ing. In the hospital ward of the county jail Mrs. Schlossher finally consented to take nourishment. A commission conducted an inquiry into the mentality of Schlossher with the “0. K. WOMEN’S BALLOT | | Washington, Feb. 27.W—The women ) Suffrage ‘amendment, or 19th amend- : ment, was declared constitutional by | the supreme court today. The court dismissed for want of jur- | isdiction the’ suit brought by Charles | F. Fairchild, of New York, who sought to challenge the constitution- ality of the amendment. The Fairchild case, started before the last general election in which wo- men voted, was the last stand of an‘ suffragists against granting the bal- lot to ‘women The decision disposes of any contention against women suf- frage, and makes secure the right of women to vote unless the amendment is repealed ASKS WEEKLY POSTAL PAY Washington, Feb. 27—The postal executive would be required to pro- vide weekly pay for employes under result that he was sent to the state hospital for treatment, a bill introduced today by Senator Lodge, Republican, Massachusetts.