The Bismarck Tribune Newspaper, March 13, 1922, Page 1

The Weather... Generally Fair FORTIETH YEAR a SEEN HEREIN EE THE BISMARCK TRIBUNE Last Edition BISMARCK, NORTH DAKOTA, MONDAY, MA RCH 13, 1922 PRICE FIVE CENTS TWO WARRAN’ WEST APPROACH 70 BRIDGE NOW UNDER CONTRACT Agreement by Morton County Board Provided for Five Per ‘Cent Grade from Bridge WOULD REPUDIATE IT Burleigh County Says It Cannot Spend Great Sum of Money to Build Morton Co. Viaduct The original agreement between the state highway commission and commissioners of Morton county and ‘Budleigh county including the pro- vision for the approaches to the Bis- marck-Mandan bridge contains the Provision that a 5 per cent grade shall be constructed from the end of the west approach. , It is this agreement which the Bur- leigh county board says it stands by and which the Morton county board seeks to have abrogated. Both coun- ties proposed to obtain separate agreement for federal aid projects for roads tothe bridge, one in Burleigh county and one in Morton county, neither to be connected with the ibridge project proper. The agreement was made public to- day by Burleigh county authorities who declare they are willing to stand by it, but will not consent to the Man- dan proposal that a viaduct be con structed from the west end of the bridge to Mandan which might cost | Burleigh county taxpayers anywhere from $90,000 to. $125,000. Morton county and Mandan citizens should stand the cost of 4 road on the west side of the river and Burleigh coun- cy and Bismarck the cost of a roaa cn the east side of the river, they say. Agreement Made The agreement follows: This Agreement, made and en- tered into this 13th day of April 1920, by and between Burleigh County by its Board of County Commissioners and Morton Coun- ty bv its Board of County Com- missioners, or their authorized representatives, and the State Highway Commission of North | Dakota. _ The Counties of Burleigh and Morton hereby jointly and sever- ally agree that the funds that have been heretofore ap- propriated by them for the Missouri. River project, or so ‘much thereof a8 may ~ be necessary, have been and | are made available to | the State ighway Commission for the construction of the struc.- ture of the substructure, super- | atructure and structural ap- proaches of the proposed highway bridge over the MisSouri River be- | tween Bismarck and Mandan, North ‘Dakota, according to plans and specifications prepared by C. A. P. Turner as revised and sub- mitted to the Bureau of Public. Roads of the United States De- partment of Agriculture as Fed- eral Aid Project No, 100 on the 30th day of December 1919, sub- ject to revision to meet the re- quirements of the said Bureau of Public Roads; it being under- stood that the structure contem- plated consists of three main spans totaling 1443 feet center to center of east and west main shore piers; that the structural approaches shajl consist of ap. proximately .a 478 foot approach to the east end and approximately 622 feet. to the west end of the main bridge; also that the west approach be built on a 5 per cent grade, which will bring the west- erly extremity ‘of this structure approximately 12 feet above the general ground level at that point. It is further agreed that earthen ; approaches constructed on a gradient not to exceed 5 per cent shall also be provided to reach the structural approaches a each end of the bridge. Payments Stopped The controversy was brought out in public through a meeting of Mandan citizens in which some citizens urged ‘that the bridge be left uncompleted and the west end standing in the air unless the federal aid project under which the bridge was constructed is reopened and the cost of proposed: viaduct into Mandan included as a part of the bridge contract. The government has stopped pay- ments on the bridge contract because | of the attitude of the Morton county | commissioners, it was learned at the state highway commission. | IN WIQNESS WHEREOF, the par- ties of th.s. Contract have hereunto set their hands and seals on the day, month and year first above men- tioned. ‘Burleigh County By its Board of County Commissioners: Edw. G. Patterson, Chairmar Cc. A, Swanson B, O. Ward, ~ |pointed out that heads of some C. iH. Malone, / organizations have been _ closely Grant Palms. lidentified with public service cor- ATTEST: porations. To avoid any criticism T. B. Flaherty, that this assocaition might be con- County Auditor for 5) trolled by any clique or faction, it Burleigh County. was decided not to solicit contribu- (SEAL) tions or memberships from such Morton County’ , By its Board of County Commissioners: C. P. O’Rourke, Chairman, Theo, O. Feland, August kel, D. J. O'Neil, G. iH, Urban. ATTEST; Lee Nichiols County ‘Auditor for Morton County. ({SHAL) State Highway Commission W. H. Robinson, - Chief Engineer & Secretary. jnasium ct 6t30 P. M. ‘WOMAN IN RACE FOR CONGRESS her father’s place in Congress. term of Representative Mason. STAGE SET FOR. BOYS’ BANQUET Father and Son Dinner , at 6:30 P. M. Everything is set for the Fathers jand sons banque to be held tomor- row evening at the ‘High School gym- Committees of Rotarians met at the Elks club! at touches on the program. All Rotarians, whether they have been selected as ‘‘daddies” or not, are expected to be present and act as hosts to the boys. Every boy who has signed up with J. J. McLeod, director of the Boy Wel- fare work, whether he has a “dad- die’lined up ior not, is to come any- way. About 170 boys have signed up .|and more boys are expected to join in the festivities. Mr. McLeod wants to meet the boys. at the High School at 7:20 this evening to talk over the plans. ‘ Guests for the banquet will meet }promptly at the assembly room of the High School at 6:15 where a short re- ception will be held. Dads and their fons will meet at the High School. D, R. Poole, director of boys work for the Province of Manitoba will be the speaker of the evening. Judge A. M. Christianson will be toastmas- ter. There will be a menu that the boys like and a fine program of songs |'to liven up the guests. ‘Parents and ttiose who have been elected “daddies’ for the evenitng are urged to respond readily to the boys and make this second annual, banquet a great succes! noon today and put the finishing TOWNLEY GETS ~ LACINGS FROM TWO FACTIONS | |Liederbach’s Attack Continues While Townley Gocs Gum- | shoeing for “Power” Plan iI. V. A. HITS “POWER” PLAY Organ of Association Against His Plan—Arrhus Attacks © Walker, Maddock Again A great deal has beech heard as to ‘how leaguers view the scrap between Townley and Liedenbach, et al., over the’ course of the ‘Nonpartisan league. | i | I { | How do anti-leagutrs feel about it? The Independent Review, organ of the I. V. A, is particularly bitter i“The League’s political machine is i | badly twisted at present. Townley be-| | 1 !lieves that he has tie remedy that | will get it back into proper shape. He | believes that Rojas, the Spanish play- ; Wright, was right when he said: ‘A mask of gold hides all deformities.’ | . C4 : Al | However, tnousands of leaguers are ‘taking issue with‘ Townley on his ‘get - | the gold’ plan. A great many of them | Tefuse to be sold.” ‘ | It also refers to the Townley effort Rotary Club Will Give Annual by saying that “Thousands of farmers }wao have blindly followed Townley jand his bunch of grafters have now | gotten their eyes open.” Townley Gum-shoeing. | Townley, apparently has dropped “Ais }open fight for adeption of his “bal- {ance of power” plan in North Dakota, } and resorted to “gum shoe” tactics in | the final stages of the pre-convention i battle. Several ardent followers of Townley are reported, to have gone into various parts of th state in an! effort to “convert” followers to the lat-; est doctrine of the league chief. The league state committee’s an-| nouncement of the reports received} from precinct caucuses* is to ‘the ef- fect taat Townley is’ hopelessly beat- | en and discredited, and the attack up- on him continues in the league Fargo; organ. There are many leaguers who; had at times held more or less power !in the organization, however, that be- j lieve Townley will “put over” his plan at the ‘convention. He is far from beaten, they say, and declare that} county conventions wil] ibegin to show the strength of the league chief. 207 In Convention, The ‘league state committee an- ' nounces that its state convention will ; be composed of 207 delegates. Cass | county will have the largest number, j12\in all, Burleigh county will have ;6; McLean, 7; Morton, 6; Kid- | der, 4; Dunn, 3.’ Emmons, 2; Hettinger, ‘6; McIntosh, 2; Logan, 2; Oliver, 2; | Stark, 4; Sioux, 1; Bowman, 2. The; | pasis of selection is one delegate at} large and one delegate for each 500! votes cast for ‘governor at the last election. Dis satisfaction continues to be} A general indifference as to what! iz i goes-on in the league ranks is ex-/ Mrs. Winifred Mason Huck, daugh-| pressed by most of the anti-league ter of the late Representative William! newspapers. Both Townley and Lied-! E. Mason, of Chicago, ‘wants to take|erbach generally are condemned and She | the fight looked upon as one of: lea- has filed her petition for entry at the: guers only, in which anti-leaguers need j special election to fili the unexpired ; not be concerned, | toward Townley and his plan. It says: | !around West Cliffe. {memberships or to solicit contribu- ‘petitions, contend, may mean taking NO AID FROM CORPORATIONS New Association of Commerce Not to Solicit Memberships from Public Utilities ‘Steps have been taken to incor- porate the Association of Commerce; of Bismarck. Within’a short time/ directors and officers will be selected to‘direct its affairs. H It has been decided by the guaran-| tors of the association not to accept! tions from public utilities, Those who | have signed petitions in many in-| stances have expressed a desire to/ be free cf all entanglements with | public: service corporations whether it} be electric, water, gas or telephone} corporations. ahs The sole aim of the new civic cor-; poration is to work for the best in-| terests of every section of Bismarck | and that interest, many signers of the, action when necessary to defend the test interests of the city.’ ease In too many instances it is sources, but to maintain an attitude of fairness to them.al! and to treat every issue between the city and such corporations absolutely upon its mer- its and in conformance with the best interests and welfare of Bismarck. Those who initiated the Association of Commerce are pleased with the progress made so far in lining up the business interests of the city behind an organization whose motb> will be a “Square Deal for Everyone.” Spain possesses 500,000 tons ot shipping, one-half of which is idle. |'voiced by western leaguers on the call- ing of the state convention in Fargo, | March 23. ‘There still is a demand} point, but it is evident that the de- {that the convention be ‘held in Bis- PUBLIC SERVICE marek as the more centrally located “mand has gone unheeded by the Lied- erbach faction. Attack Maddock, Walker. ‘Another bitter attack upon its critics, especially upon “Dad” Walker, | Walter J. Maddock and William/ Lemke, is made in the Courier-News | of Sunday in which it is declared by P. L, Arrhus that if the trio object to; the Langer retraction it is not a closed | i \book, and taat by putting up a ‘bond i for $50,000 they can go to bat in court ‘in Richland county in the case. One of | the agreements made in the Langer libel suit settlement, was that the Courier-News issue @ special edition} of over 40,000 copies to be. Sent toj league members. ~ Arrhus says that Walker answered the letter, written Feb. 28, and sent by registered mail, “more in the na- ture of a lumbering attempt at humor, | and showed both-lack of good faith and lack of recommendations.” Lemke and Maddock did not answer, and Arr- hus discjoses that Maddock and Walk- er refused to attend a meeting of the league state executive committee in Fargo last Tuesday. The letter of Arrhus is given as follows ; Copy of Letter. “Fargo, N. D., Feb. 2—To Wm. Lemke, Walter J. Maddock and R. H. Walker: t “In view of the fact that an appar- ent controversy has arisen over the retraction in the Langer libel suit, I feel that before going any further in the matter I sould obtain your judg- ment on ‘how to proceed. “The stipulation of dismissal and settlement of this suit amongst other things, cal] for a full and complete retraction of any and all libels that the Courier-News published concern- ing Mr. Langer; that said retraction be published in full in the issue of the Courier-News of date January 18, 1922. It further provides that the publica- tion of the retraction shall be supple- mented by a further and additional Publication thereof in ful] 4n a special edition of the said Courier-News to be published some time between now and, the first day of March, 1922, for cir- (Continued on Page 6) DECLARE MONEY FROM EUROPE IS "BACKING REVOLT Capture of Spies and Documents Shows Origin of South Afri- can Trouble, Said GOVERNMENT WINNI ‘Having Great Success in Put- ting Down Reyvolutionists, Communique Says FIRE AT SMUTS Johannesburg, S. Africa,’ Mar. 13.—A bullet fired at Premier Jan Christian Smuts hit his car but he was uninjured. 2 — _London, March 13.—(By the Asso- ciated Press)—An agency . dispatch from Johannesburg this ‘afternoon said: sh j “Through the capture of spies and] documents it was learned that the} money ‘for the |‘red revolution’ came from abroad. It is expected that peace will soon be restored.” It ig believed in official circles, the Message states, that there’ will con- tinue to be small set-backs such as the loss of isolated posts but as regards the general result little doubt is felt. Heavy casualties have reflected upon the revolutionaries in addition to the capture of more than 2,200 of them. Premier Smuts issued a statement today Reuters’ Johannesburg corres- pondent says, declaring that the pres- ent revolutionary movement is the work of enemies who are using the strike at the mine for the dessimina- tion of OVERCOME REVOLUTIONISTS Pretoria, Union of South’ Africa, ‘March 13—(By the Associated Press) —Government forces are proceeding with great success against the revo-/ lutionists, according to an official communique issued which says. “The total number of prisoners ta en inthe operations in the central area is 2,200. Our forces occupied} but slight casualties the high ground “In the eastern area Major-General Van Deventer’s troops forced the revolutionaries to retire to’Benoni. In the western arez out forces reached | Krugerscorp (22 miles “northwest of Johannesburg) and are now pushing; eastward. We have occupied Riet-! fondein.” HOUSE 6. 0. P 10 STAND PAT ON COMPENSATION Will Report Out Compromise | Bonus Measure in Spite of Opposition Washington, March 13.—Republican members of the house ways and means! committee decided at a conference to-} day to stand pat on their determina-| tion to report the compromise sol- diers bonus bill despite objections to its provisions by Secretary Mellon and Comptroller of the Currency | Crissinger. é ‘Expressing the view that the meas- ure as now drawn involves “a danger- ous abuse of government credit” Sec- retary Mellon in a letter to Chairman! Fordney disapproved the provision for} bank loans upon adjusted certificates as “indirect and forced borrowing” by | the government. He contended that} it is “both dangerous and unwise”. to seek to avoid paying the cost of the bonus for the time being. J. L, KELLY IN SHERIFF RACE J. L. Kelly today formally announc- ed he would be a candidate for the nomination for sheriff in Burleigh county at the June primary. Mr. Kelly, who is a Spanish-war veteran, has lived in Burleigh coynty for 39 years, formerly was with tie Marshajl Oil company and is now with the Copelin Motor company. Mr. Kelly is the first candidate to formally place himself in the race for sheriff. HARDING SOON LEAVES FLORIDA Fort March 13.—(By the Associated ‘Press.) — President Harding expects to conclude his va- cation and leave St. Augustine Friday for Washington, he intimated today to Pierce, Fla., ‘{told them they were empowered to jor leave a case unpresented, through ; Scientist and author, declared that the HOPE TO AVOID | A federal grand jury of 19 mem- bers, the first called by Federal Judge Andrew Miller, was impaneled and instructed in federal court this morn- ing. Members of the jury are drawn from various parts of the state. Judge Miller, in instructing the | grand jury of its duty to consider cas- e& presented to it by the United States District attorney, outlined the pro- cedure of the grand jury room, cau- tioned the members especially as re- gards secrecy of their deliberations, make any investigation necessary and impressed upon the members that they should return an indictment against no person because of malice fear or favor. A federal grand jury may be com- posed: of not le~- than 18 nor more than 23 members, and 12 members WIRELESS CAUSES ’ | GHOST STORY, ‘Boston, (Mar. 13.—Edward orien, | ghost of Antigonish was in reality the rroduct of strong wireless waves be- tween the two great radio stations at Wellsleet, Mas., and Blake, Nova} Scotia.; These prevail in the valley | at Caledonia Mills where stands the home of Alex McDonald, “home of the ghost,” he said here after a month spent in investigating the matter. | A COAL STRIKE must agreé when an indictment is re- turned. The grand jury, after receiving the detailed instructions from the court] and admonition to inquire diligently and carefully into all matters pre- sented to it, retired to the grand jury rooms to begin deliberations. Dis- trict Attorney M. A. Hildreth said that he ‘had about 70 cases to present to the grand jury for its consideration. The only civil case to be tried at this term of court, that of Jacob Ver- brugh against the Beulah Coal Min- ing company, was being concluded to. day. Following this will be the trial | of a number of criminal cases brought by the government attorneys. Many attorneys, grand jury wit-| nesses, petit and grand jurors and of-| ficials brought the number of persons here because of the federal court term to upwards of 200. The term is expected to continue several days, | perhaps two weeks. REDUCED ARMY NECESSARY BY | APPROPRIATION Would Have to be Cut to 115,- 000 Men Under Bill Before Congress |LIMIT THE AIR SERVICE Washington, March 13.—With pro- visions which would necessitate re- duction of the size of the regular army to 115,000 enlisted men and 11,- I$ HELD SLIM Government Preparing for! Strike of Miners on April 1, | End Efforts | Washington, March 13.—Government | officials were represented today as be- ing Without hope that tae threatened coal strike can ‘be averted or that the | proposed conference between the oper-| ators and miners would tbe held. It was indicated that government in-' tervention at-teast in the preliminaries ok the situation was practically at anj end. ‘Holdng that a strike call April 1 is} almost inevitable, government officials, according to the view presented today on high authority, now are deeply in- terested in seeing that a sufficient supply of coal is obtained for tie whole country, i Washington, March 13.—The situa- tion with respect to a sufficient sup-; ply of coal, it wag stated on the same} authority, is not acute. There now is at the surface of coal mines and in stocks at consuming ‘points enough} coal to last the country for ten weeks with the prospect, it was added that, this supply will be augmented by! production from' non-union mines and operations in union territory which department of labor reports show are! covered by district settlements be- tween the miners and owners. ARBUCKLE ON THIRD TRIAL ‘San Francisco, March 13.—The cage of Roscoe Arbuckle, charged with manslaughter in connection with the death of Virginia Rappe, motion pic- ture actress, was called today for trial for a third time but a recess was tak- en until the afternoon session-of court ‘because 14 members of the venire of 65 were not on hand. The bailiff was instructed to ascertain why they were absent. 7 KILLED IN TRAIN WRECK Atlanta, Ga., March 13.—Seven per- sons were killed and a number of officers intjured when an Atlanta Bir- mingham and Atlantic railroad’ train plunged feet from a trestle. None of the injured today appeared in dan- ger. OWL AGLOW AT NIGHT Foulsham, ng.,.March 13.—Several report having seen a luminous owl which has been lighting up the branch of its roosting tree at night. A similar phenomenal owl was seen 14 newspaper men. New York, March 13.—(By the A. P.) Plans for float:ng liquor ballasts limit are going forward according to James Martin, promotor, in spite of the anouncenient of Roy Haynes, fed- eral prohibition commissioner, that the vessel will not be permitted. He off New York beyond the three mile | years ago by Sir T. Digby Pigott, PLANS TO FLOAT LIQUOR SHIPS OFF NEW YORK AT A COST OF $10,000,000 also declared a second and possibly a third liquor ballast would be con- |structed should the first be success- He asserts the vessels will be as jlarge as the Leviathian, that it will |be constructed in Europe and that | the investment will amount to $10,000- 000. bill carrying $270,353,030 was reported | {today by the house appropriations | committee. The amounts recom- mended for the military and non-mili- | tary activities of the war department | during the coming year is a reduction of $116,000,000 from the total appro-' priated for the current year and $87,-' 996,000 less than budget estimates. As drafted. by a sub-committee headed by Rep. Anthony, Republican, Kansas, the bill would require the re- turn to the United States by next July 1 of all troops stationed in China, 6,- but 500 officers and men in the Army of Occupation on the Rhine. No lim- itation is placed on the number of men to be maintained in the Philip- pines. : i The contemplated withdrawals, it! was said, would léave 5,000 men in the Hawaiian Islands and a like number in the Canal Zone. The present actual strength of the army was given by| the committee as 13,000 officers and; 132,000 men exclusive of 17,000 Phil-j ippine scouts. An appropriation of $27,635,000 is recommended for continued work on; various river and harbors improve-| ments for which the chief of engi-| neers requested $43,000,000; $12,431,- 000 for the Air Service against $15,000,- 000 requested and $21,130,000 for the! national guard, about $9,000,000 less than budget estimates. BRITISH APPROPRIATION “ondon, March 13.—(By the Asso- ciated Press)—British army estimates for the coming year total 62,300,000 pounds sterling compared with 93,- 714,000 pounds sterling last year, it was announced today. U.S, OFFICERS MAKE RAIDS Minot, N. D., March 13.—Federal | officers from (Minot ‘made wholesale raids about Russell, Boottineau county, | North Dakota, and arrested 7 farmers | charged either with having liquor in their possession or manufacturing it, JUDGE IS CANDIDATE ‘Ryder, N. D. March 13.—Judge William Murray of county court has formally announced his candidacy for re-election to the office which he has held for 22 years. He was first elect- ed to the office of county judge in 1892. | WEATHER REPORT | o—_______—_—______-* For _twentyfour noon, March 13. Temperature at 7 a. m. , Highest yesterday . Lowest yesterday . Lowest last night Precipitation Highest wind velocity Weather Fore For Bismarck and Vicinity: Fair and colder tonight and Tuesday. For North Dakota: Generally fair and colder tdnight and Tuesday. Weather Conditions A low pressure area accompanied hours ending at by fair weather and temperatures above normal covers the Canadian Northwest and the north-central states, while . another low pressure area accompanied by rain covers the southern Great Plains. The east- ward movement of the northern low pressure area will be followed by somewhat lower temperature in. North Dakota tonight and Tuesday. ORRIS W. ROBERTS, Meterologist. ‘S ISSUED IN BANK DEAL FEDERAL GRAND JURY SWORN IN HERE, TAKES UP PROBE OF MANY CHARGES | Judge Miller Instructs Grand Jury and Admonishes Members to! Conduct Deliberations According to Rules of Law; Dis- trict Attorney to Present 70 Cases to Jury THATCHER AND LOFTHUS UNDER FALSITY CHARGE Warrants for Arrest of Former Examiner and Accountant Are Issued SCANDINAVIAN BANK DEAL Charged with Making False Re- port to the Supreme Court in the Matter Fargo, March (13.-—VWfarranis fwere issued here today charging Myron Thatcher, Minneapolis accountant, and O. E. Lofthus, Bismarck, former state bank examiner, with perury, Tae prosecution is founded on an af- fidavit signed by Messrs. Thatcrer and Lofthus and used before the su- ‘preme court of North Dakota to ob- tain re-opening of the Scandinavian- American bank of Fargo in Octobe 1919, after it had been closed by th: banking board. Arrest of Lofthus and Thatcher will bring the number of persons against whom chargds have been filed in con- nection With investigation into tie af- fairs of the defunct Scandinavian- American Bank of Fargo to four, A. C. Townley, progident of tae National ' Nonpartisan League, and J. J. Hast- ings, former vice president of the bank and former financial secretary of the league, having been charged with ein- bezzlement, ‘i The charge against Lofthus and Thatcher figured in the examination conducted by the 192ii legislature into the state-owned industries and the ac- tivities of several league leaders or officials in so-called “league banks” or “league enterprises.” " Mr. Thatcher is president of the Equitable Audit company of M:nne- |apol:s and was in charge of the audit 000 officers the army appropriation }Of the Fargo bank after it first closed. Report to Court. The report whica Lofthus, as ‘bank qaxaminer, and Thatcher, as an ac- countant, submitted.to the. supreme court following the “Ianger raid” on the Scandinavian-Amerigan. bank .in Fargo in October, 1919, was before the’ legislative committee of the house. J.’ ‘W. Brinton, former leaguer, testified that the gave a ¢heck ‘for $11,000 cover. a shortage existing in the Scan. dinavian-American bank throtigh tmis- appropriation of funds for the U. §. 'Sisa] Trust, that he had no funds in 500 men from Hawaii, about 2,000 men jsthe Minneapolis bank on which he from the Panama. canal zone and all |drew:the check and trat_Lofthus agreed to hold the check until a date when funds could be placed in the bank. Brinton testified that Lofthus swore to the supreme court that the $11,000 item had been paid. The “Langer raid” was made on or- ders of members of the banking board, controlled by opponents of the league administration. William Langer, then attorney |general, investigated its ai- fairs. “Ah examination made for the board, known as the Haldorson report, said the bank was insolvent. Lofthus entered tae bank and made an exam- ination. The supreme court on the showing made ordered the’bank re- opened. Brinton also testified that former Attorney General William Lemke, then acting as attorney in the case, knew that he did not ‘have funds to meet tne check he gave. It was during the legislative investigation a year ago that the Scandinavian-American bank finally closed. . It is now in the hands of a receiver. Specific Charges, The case was instituted by Attorney General Johnson through W. C. Green, state’s attorney of Cass county. The affidavit charges: “That the said Myron W.:Thatcher and O. E, Lofthus did at said time and place falsely) corruptly, Knowingly, de- liberately, unlawfully, ‘willfully, felon- iously, and contrary to their oath, and to the oath of each of them, depose jand declare and testify in a material matter that which the defendants, and each of them, knew to be false, upon their oath duly taken to the truth of said material matter before N. J. Bre- vig, a notary public within and for , said Cass county, North Dakota, to be used in a proceeding, and which jwas used taerein, and which proceeding was then and at said time pending be- for the supreme court of the state of ‘North Dakota, said proceeding being entitled in the said supreme. court of the state of ‘North Dakota, as follows: The case referred to being that of the state of North Dakota on the rela- tion of the Scandinavian-American bank, O. B. Lofthus, et al. against Wil- liam Langer, et al. The affidavit of Thatcaer and Lof- thus declaring that they had submit- ted a true and correct report of the condition of the bank is set forth, Quotation From Affidavit. The following quotation from the af- fidavit of Lofthus and Tiatcher is giv- en as follows: “The Sisal Trust loan is shown as outstanding and unpaid in tie finan- cial statement that is submitted. Taese parties have just at the hour that this report is being made paid their notes in full, $11,000.00.” The affidavit continues: “That said statement and evidence sworn to by the defendants, and eacn of them, was false and untrue, and known by them, and each of them, to be false and untrue, and was willfully, dejiberately, knowingly and corruptly said defendants, and eaci of them, knowing the same to be false and untrue in this, that the said Sisal Trust loan was not paid by the parties making said loan, or at all.” “That in the said Exhibit ‘A,’ refer- (Gontinued on Page ¢)