The Bismarck Tribune Newspaper, May 1, 1922, Page 1

IS STARTED BY Introduction of Evidence in the Cases Will This: ‘Aftertoon JURISDICE WN 1S” Question of Whether Appeal! Must Be Disntissed First Argued Befgre Body _ He Aenea of evijence in the ca- ses involv! the Bigtsarck:: r Supply Company: were Seeun in tt railroad"commiasion offices afternoon. ‘The case was called for ‘hearing at 10 o'clock this morping, but because of a misunderstanding as to which of the three cases would be taken up first the attorneys for the ipetitioning consumers were not ‘ready to proceed. The case was recessed until this after- noon. The question of whether or not the railroad commission has jurtwiction ito decide the cases as Jong as the city has al appeal from @ peading order in district court was ¢ d tobe de- cided and the attor! r the’ pezi- tioners were to inform'the commission whether they would distiag the sc- ‘tion. ‘ a Hearing Is’Calkd. When the case was Called at 10 a. m., the three membersof the con- mission, ‘attorneys and tve citizns were present. H. F. OtHire, city at- torney, stated that he and. L Young appeared in all three qses consolidated in the hearing ‘ich were the cases of several fiti- zens for an anne croton in- stallation of a filtration , reper and adequate fire protection a good and pure supply of water, the petition of the water in- vereas2d rates and the pettion of Exil Bobb, et al., for the installation of a water main.” . ¥or the water company, Alfred Zu- ger, of Zuzer and Tillotion of Bs- marck, and Geo, W, Morgsn, of Davis, Severins and Morgan, of St. Paul. (Mr. Morgan adaressed the comm’s- sion saying that some question Ind been raised to the jurisdiction ‘of fe commission, Mr. Stata ‘having 5ic- gested it, in the case of consun- ers because of the in distict RAISED CK } TRI a3" fT EL BUN PAGE st Bdition é A f BISMARCK, NORTH DAKOTA, MONDAY, MAY 1, 1922 PRICE FIVE CENTS HARRY S. NEW (real By NEA Service. Indianapolis, Ind, May 1.—When Senator Harry S. New of Indiana first launched his campaign for the Repub- lican nomination to succeed himself in the upper house of the national legis- lature he counted on waging his fight, to a considerable extent, through speeches broadcast by radio telephone. (His friends did not deem gn organ- ization of women voters desirable in support of his candidacy. They have changed their minds. Or rather, ex-Senator Albért J, Beveridge, who seeks to’ go back to Washington in Senator New's place, changed their minds for them. Sought Women First. ‘Beveridge went, first and foremost, after women’s votes. He spoke and lectured throughout Indiana, and for the most part in churches. Frank- Women Vs. Radio In Indiana Senate Fight ALBERT BEVERIDGE has spoken or is to speak are fitted with radio telophones and the senator hopes, in particular, to redch thou- sands of farmers by this means. Nev- ertheless, the importance of the appeal to women is fully recognized. Two such practical politicians as Senator Watson, ‘Republican, and Thomas Taggart, Democratic leader in Indiana, say they think ‘New will be nominated, and: Watson adds that the Republican nomination is equivalent to election, as he considers the Demo- cratic party in the state “greatly de- moralized.” The Democrats take a different view. Their version is that the New-Beveridg rivalry has devel- oped considerable bitterness, whicli they predict will divide the Republican party into factions, whereas they say their own contest is friendly, though they hava-five candidates for nomina- ly he sought to enlist women especial- ly in his cause. After about a month of this, Sena- tor New’s friends acknowledged that the'r candidate’s women supporters must be brought more actively into the contest. The result is that much of the most éffective campaigning, as between New and Beveridge, is being done by women, and there are more women speakers in the ficld than men. Keeps Un Radio. New has not given up his fight by radio. Several of the halls where he tion in the field. Test on May 2. The Democratic aspirants are ex- Governor Samuel M. Ralston, who, the press in general seems to consider, is likely to get the nomination; State Senator B. B. Shively, a relative of ex-Vice President Marshall; Daniel W. Simms, Dr. Jesse Sanders and Charles Howard, The test will come on May 2, when the Indiana primaries will be held. It will be the first test of the kind of nat‘onal interest, anticipatory of the Next election. McHARG MAKES POLICIES LAID DOWN IN RATES OF UTILITIES Railroad Commission Makes Im- portant Rulings in Case of Electric Company Bp ee MERIT SYSTEM OUTLINED Supervision Charge of Compa- nies Held by Large Corpor- ations is Discussed A merit system in govern'ng the rate of return upon investment of public utilities is outlined by the state railroad commission in a deci- sion handed down in the matter of rates charged by tlie Northern states Power Company, of: Minot. While ho.ding that 8 per cent upon investment is a reaSonavle return the commission’s finding in tnis case says vhat “this .comoussion has neld in previous decisions that the rate of re- turn must be governed by the c:rcum- ‘stances surrounding each case.” Iv adds that in this case it is shown that in the past cost of operation has been excessive but that the evidence shows that the company has installed ma- chinery ‘which will atfect; great econ- omizs in operation,’ Due cred:t is giv- en, it is stated, to the installation of mahinery which will reduce the cost of operation. ‘Other important general policies in utility rate practice are outlined in the decision. ‘fhe commission holds that a supervision charge made by the not an arbitrary charge. by corporations which may operate utilities in several states. for the-Minneapolis' office and for the (Continued on Page 3) main office of a utility corporation | Odd Fellows was held at Bismarck, at which has branch jplants must be | which meeting the location of the pro- based upon the service performed and |posed home was considered. A num- This point|ber of invitations for locations were has arisen in several North Dakota,| before the board and after duz delib- rate cases regarding telephone, elec-|eration, the following resolution was tric and other plants that are owned | unanimously adopted, to-wit: the location for the proposed home, The ‘Northern States Power Com- | providod a desirable site can be ob- pany maintains gencral offices in Min-|tained at a reasonable cost and with neapolis and is a branch of a Chicago|the assurance that a sufficient sup- company. Various charges are made|Ply of good water and _ satisfactory ‘n the operation of the Minot utility |sewer connections are obtainable. Byllesby Engineering and Management| the ‘Devils Lake site offered does not Corporation, of Chicago, for engineer-|meet these requirements and the lo- ing, supervision, and other s2rvices. |cations cannot be made satisfactory, The charges included 71-2 per cent|that the location offered by the Odd Fellqws of Velva be substituted for the Devils Lake location.| DEVILS LAKE IS CHOSEN BY ODD Proposed to Locate State Lodge Home in That City in the Near Future SITE IS UNSATISFACTORY \ Board Holds That Satisfactory Site Must be Provided Before Location’ Devils Lake is recommended as the place for the location of the proposed Odd Fellows state home by the home board which has concluded a meeting in. this city. ' The board announc2d that the site which had been proposed by Devils Lake Odd Fellows is unsatisfactory and that the selection of that city is made condit!oned upon a desirable site being obtained at & reasonable cost. If a sitq is not found to meet these requirements it is recommended that Velva be substituted for the Devils Lake location. It is hoped that the location and purchase of the ‘site will be completed before the June meeting of the Grand ‘Lodge, it was said by the board. All|- members of the board except two were present here, nin> participating in the meeting. Many cities had given invitations to the board. é The official announcement says: “A special meeting of the Home Board of th> Independent Order. of “That Devils Lake be designated as “It was further resolved that in case FELLOWS BOARD YANK CAPTAIN IS SHOT DURING DEMONSTRATION Mayence, Germany, May 1 (By the Associated Press)—During a May Day demonstration here to- day a captain of the American army was wounded by the manl- festants, Through a mistake in steering the captain’s automobile ran intoa May Day procession, The machine was stopped immediately, but it was at once surrounded and at- tacked by a shrieking, furious crowd. The captain drew his re volver and when one of the men tried to disarm him it was dis- charged and the officer wound- ed in the shoulder, French gendarmes extricated the car and made several arrests. CHINESE FORCES DO BATTLE FOR CITY OF PEKING General Wu’s Forces Reported Fighting 12 Miles Southwest Of City and Winning A PROTEST IS’ MADE Peking, May 1—(By the Associated Press.)—The battle for the possession of Peking was still continuing today with the advantage apparently going to General Wu Pei Fu, driving towards the capitol from the south. Advices from the center of the fight- ‘ng 12 miles southwest of the city were that General Wu was forcing the soldiers of G2neral Ghang Tso-Lin trom Changsintien and that the tide of battle was rolling eastward toward the southern wall of Peking. Wu’s army this afternoon had ar- rived at a point on the railroad near Peking. Traffic between Peking and the sca has been blocked. The Portugese minister here who is dean of the diplomatic corps filed a protest asserting this this was a vio- lation of the 1901 protocol and that unless the line was opened immedi- ately the allies would be compelled to guard the railroad. The powers reprosented here are watching events closely. SEIZE PASTOR, GAG, THROW HIM INTO A DITCH Oklahoma Pastor Whose Actions Caused Disagreement in Flock Is Attacked KNOCKED UNCONSCIOUS Pastor Is Rescued After Lying In Mud-hole for Three and A Half Hours Lawton, Okla., May 1.—Rev. Thomas Irwin, pastor of the First Presbyterian church, who was found lying in a mud- filled ditch 12 _miles east of here early Sunday morning bound and gagged and in a semi-conscious condition to- day appeared none the worse for his experience, ‘Rev, Irwin whose removal is sought by a portion, of his flock because he married a couple in a public bathing pool, exhibited motion pictures in his church and preached the’ funeral ser- mon over Jake L, Hamon more than @ year ago is to be tried by his Pres- bytery on charges unbecoming a min- ister on May 9, ‘Recently he announced) that certain persons were trying to intimidate him and force him to leave town, According to his story of the Satur- day night incident he was on this way’ to the home of a member of his con- gregation when three men stopped him and knocked him unconscious. When he awoke he was in a moving automobile, tied hand and foot, a gag in his mouth and one of the men sit- ting on him. Soon afterward he was thrown from the car into a ditch and although he succeeded in remgving the gag sufficiently to hail passing motor- ists none would stop to render him aid when they recognized him. [He lay in the mud hole approximate- ly three and a half hours before five Persons in an automobile rescued him. MISSISSIPPI ON DECLINE Breaks in Levee Cause River To START WORK ON PRO AND CON fa case against th> water cqr- court of a Bi ith pany. Mr. Morgan sa; ‘It was further resolved that a sur- BITTER ATTACK uestions were invaly ‘in tha presint hearing the appeal ougnt to be ‘is FINAL JOB OF (Mr. O'Hare ‘sai not feel that:the.. missed, although; | migsed. met that th it anything couk dismise:ng * tlie ay didn’t expect any is would be made in: it. Be Argiié ‘en Vuriadiction. There was: on the ques- tion of inju: Mr. Davis insist- ed the matter of, ction be settled, and Chairman Mjhollan and Commis- sioner Stutsman dscussed the matter. ‘Mr. Stutsman that’ suppose the commission | } mouth hearing the case and them it}decided it did not mm because the ap- (ir; Young ‘sail that ‘his personal opinion’ was,that the city might as g all @iemiss te yppeal) but that the ay unions, timing in the present case ww md said there were wContinuel on Page 3) Supreme t ‘Rules on Law Paseediby Congress to®, May |1-—The packers} — 11921 was de-| mal tdday by the su- preme ci The cowrt:-an| we fisposing of cases brought by s Burton and oth2rs; representing Ciicago .traders and ‘ Stafford brothes in pehalf of tho Chicago ‘commiijion merchants de-} clared that coymission merchants, | traders and deaers who buy and sell livestock after ts arrival at Chicago stockyards are engaged in interstate .4.—Ths pope has ad-' dressed to thé governrent and to the people of the/world ~ message of in- spiration. edvige 01 peace plans. OLD TAMMANY ‘ UEANER DIES Dublin May 1—The death of Rich- ard Croker former leaer of Tammany Hall in New York § announced by the Sunday Independ@nt. He died at 3:30, o'clock Saturdiy afternoon at his residence here dter a brief ill- ness. —S FORMS parTIERSHIP. Dickinson, N. D; y 1.—Attorney Benjamin J. Rigler, vho for several years was eNgaged-in the practice of his professiOm gt ‘Rictrdton and later was associated, swith fie Rosen cloth- ing store in ‘Mandan has formed a law partnership in Miimeapolis, where | he has located fir the past sev- eral months. He ‘he: taken as his partners Abe\S, ‘Bisabyts and Nathan itary. Prof. Arvols; of | completion of tht bridge would mark _ RIVER BRIDGE Company Wil Begin Laying Concrete ‘for Roadway Within ; Short Time ONLY AIPROACH LEFT Work of layng the concrete foun- dation of the roadway oM the Mis- souri river ‘bride probably will begin within 2 week jr so. The Foundation Company, whichis to do the work, has had its big derick moed to a ‘point where the concjete can be hoisted to the bridge; tra:sk for the temporary railroad to be fun across the bridge has been placel on the bridge; the painters are maring the finish of their work; th) steel sheets which furnish the basqof the work are being placed on the pridge. , It ‘is estimathd that the work of completing the (cadway on the bridge Si pd in from four to eight weeks. In addition to the road- way there is sohe work to be done in extending the trick sidewalk on tue bridge. Bricks ae being shipped from Hebron for this work. With the completion of this actual work on the brdge in definite pros- pect the only yroblem remaining is ‘the approach on the west side. at ig felt by many citwens of Mandan, Bis- marck and by tome officials that this matter will be settled amicably and satisfactorily within the near fu- ture. . The joint committees of the Man- dan and Bismarck Commercial clubs mamed to supervis: a celebration of the completion of tie bridge met Sat- urday afternoon, bit no definite ac- tion, was taken. Governor Nestos, hon- orary chairman, presided. J. H, New- ton, of Mandan, is chairman and G. arck, is secre- Fargo, was present. He talked of pageantry in general and said that he thought the an opportune time to invite state- wide participation in an historcal pa- geant. The Amazon river is 3,400 miles long ON McCUMBER Following the announcement Satur- day that Ormsby McHarg, of James- town, would be a candidate for United States Senator, being “drafted” by his friends, McHarg has given out a long interview containing his views on many subjects. The interview is devoted chiefly to an attack upon Senator McCumbe-, whom first ‘took McHarg to Washing- ton as ‘his private secretary, The interview contains an attack upon Federal Judge Miller. NEW BUILDINGS ARE GOING UP P. C. Remington to Build Two Store Buildings Two new bridge store will be built on East Bri C. Remington. Old buildings on the property, just east of the Annex hotel, are being |i cleared away. ‘pleted within a very short time. ‘be 25 feet wide. One of the storerooms will be occupied by Dohn Brothers meat market. U.S, SHIP BOARD CAN BE SUED Washington; May 1—The amergen- cy fleet corporation of the United States Shipping Board is not a gov- ermmental agency in the sense that it cannot be sued without its consent, the supreme court today decided. COAL STOCKS AT HIGH POINT Washington, May 1.—The geologi- cal survey announced that last week bituminous coal output reached the and 150 miles wile at its mouth. | Spring Cleaning Week opened today in accordance with ‘the proclamation issued by Mayor A. P. Lenhart. During the entire week it is expect- ed that citizens, responding to the spirit of the call, will make every ef- fort to put their own premises in good condition and if necessary to lend a helping hand to a neighbor. ; Since a year ago the first spring “city beautiful” “clean-up week’ was held in a city the idea has spread until periods are designated in prac- ‘tically every city in the country for | | \this purpose. There was added the Men “paint Up” and now is added the final touch, “Clean Up, Paint Up (Rivkin a8djihe firm name will be Ainsberg, Bivkia & Riyler. | and Keep It Up.” Various civic organizations have highest mark siNce the strike began. t { ‘SPRING CLEANING WEEK” WILL PUT BISMARCK CITIZENS IN OVERALLS’ been asked to take up the work of making the city a more healthy and more beautiful place in which to live during the week. The Country Club joined in the spirit of the week by calling members to the club this after- noon for the work of cleaning up the club grounds. Various women’s clubs have urged the week be observed, a call was made to the school children by Superintendent Martin ‘through the principals and teachers in the va- rious buildings and citizens generally are expected to don overalls and go at the work. The streets, alleys and premises will be inspected by city officers dur- ing the week. FEDERATION OF LABOR TO HOLD MEETINGS HERE State Convention Will Open in - Bismarck on. Next * ‘Sunday The eleventh annual convention of the North Dakota State Federation of ‘Labor opens Sunday morning, May 7, at 10 a. m. and closes Tuesday, May . i 9. The federation’s headquarters will|Petitions Railroad Commission be in the McKenzie hotel and mectines will be held in Patterson's hall. The convention will be opened wita pray2r by Rev. Postlethwaite, of the 2 Presbyterian church, .to be followed pertloned the, goate;tellroad, commls by an address of welcome by Mayor Lenhart. Governor Nestos will follow on behalf of the state. The convention then will get down buildings |¢o business until 6 p.m. when a drive ‘oadway by P.| will be taken to Fort Lincoln, the z penitentiary and ‘the bridge. At 8 p.m. there will be a mass meet- the ing in the Auditorium. Among It is hoped by Mr.\speakers will be Paul G. Smith, Remington to have the buildings com-| Kansas City, representing the Am- erican Federation of Labor; Stephen Both buildings will be of brick, andj Bly, president of the Montana Feder- will be one story in height. They will] ation of Labor; and E. G. Hall, presi- the vey by a committee selected from the Home Board take immadiate steps to ascertain as to the conditions at Dev- ils Lake, with full power to act. “It is hoped that the location and purchase of site will be completed before the Jun2 meeting of the Grand Lodge.” N is in California, and (Mrs, Minnie Bur- ton, of Grand Forks, were not. present for the meeting. GAS COMPANY ASKS HEARING For Present Rates The Bismarck Gas Company’ has sion for continuance of present rates and for a hearing to determine and es- tablish permanent rates. The railroad commission ‘thas set May 12 as_ the date for hearing the matter. The com- mission announcement says all inter ested parties are invited to attend and present evidence pertinent ‘to the case. ‘The present coal strike, according of| tO Frank Ployhar, owner of the gas company, is a serious consideration. Coal used ito produce gas is obtained lin Kentucky or West Virginia only. The coal strike, he said, has already A. O. Webster, of Grand Forks, who| Democrats Attack It; Ladd De- fends the Bill dent of the Minnesota federation. B. F. Baker, league candidate for Governor, will speak on Monday after- noon, May 8. Monday evening a ban- quet will be held, to which the public is invited, This will be followed by a dance. The convention meetings will be} open to the public, ft is announced. TANK STEAMER IS TOTAL LOSS San Francisco, May 1.—The tank steamer Whittier of the Union Oil Company which went on the rocks ten miles south of Point Arean last night is a total logs, the company was advised by radio today. The steamer’s cargo of 10,000 bar- rels of oil was also lost. The crew of 26 was saved. WEATHER REPORT Tor twenty-four hours ending noon May 1, 1922. Temperature at 7 A. M Higest yesterday . Lowest yesterday Lowest last night Precipitation Highest wind velocity Weather Forecasts | For Bismarck and vicinity: Proba-) bly showers tonight and Tuesday; | moderate temperature. For North Dakota: Probably show- ers tonight and Tuesday; moderate temperature. i, General Weather Conditions A’low pressure ‘trough extends | along the eastern. Rocky Mountain slope from the Canadian Northwest to New Mexico and unsettled condi- tions ‘have developed over that region and the Great Plains. Light showers have fallen in Montana and over the southern Plains. Moderate tempera- tures prevail in all sections, i increased the price of the coal. BUSINESS IS | VIOLATOR OF SHOWING GAINS Washington, May 1.—Increased pro- duction, more stable prices and a larger export trade are shown in the survey of current ‘business issued to- day by the commerce department. LACKEY, BROWN ARE INDORSED | Carson, N. D., May 1—Claude Lac- key, of Leith, representative in the last house of representatives and L.1 L, Brown, of Shields, were indorsed} for the legislature by Grant county Independents. The senator from the} district holds over, PAROLE CAUGHT, L. B, Matthesen violated his parole from the state penitentiary a year ago. He jumped out of-a Northern Pacific car window -a year ago east of Steele while be- ing brought to the penitentiary here by an officer because of the violation, No trace of him was found, no word received until a short time ago when prison offi- clals were informed he was in the Minnesota state reformatory at St. Cloud. His term in the Minnesota reformatory will end, roon, and Warden L, L. Stair has had the necessary papers made out to re- turn him to the state penitentiary here as soon as his term there has expired. He was ut to the penitentiary from for a term of fly yea Washington, May 1—The pending tariff bill was attacked as “the worst blow over dealt the consuming public” in a statement issued yesterday by Senator Pat Harrison, Democrat, Mississippi, and was defended py Senator Ladd, of North Dakota, The present tariff is the first real attempt at a really constructive tar- iff that would afford any real degree of protection to agriculture and indus- try,” Senator Ladd’s statement said. “By properly adjusting our tariff by. writing a tariff fair to all sections of the country we shall increase diver- sified production in the United States by producing more of those products we import and reducing the quantity of ‘those of which we ‘have a sur- plus.” NEW PROCESS ON FERTILIZER Washington, May 1—A secret pro- ddss for making cheaper - fertilizer hag been discovered and has been in- tended for commercial use at the gov- ernment’s nitrate plant at Muscle Shoals, Alabama, W. B. Mayo, chief engineer for Henry Ford, told the ag- ticultural committee when it began examination today of the Ford modi- fied proposal for purchase and lease of the Muscle Shoals property. IRISH BANKS ARE RAIDED Belfast, May 1—(By the A. P.). ~ ON TARIFF BILL Fall Over Foot ‘New Orleans, May 1.—Continued de- clining ‘stages of the Mississippi from lemphis tothe gulf caused in the low- er section of the .viver mainly by. three breaks in the levees favored the work of levee engineers and thons- ands of workdis today in preparing for another rise expected within a few days. The water level today showed a drop of 1.3 feet. The 11,500 refugees in the camp at Harrisonburg, La. were reported practically without food today. There was also reported to: be a serious shortage of ‘food in Issuani county where a large area has been under water for ‘the last six weeks in and around Yazoo City, Mississippi. NO SECRETS IN RUSSIANTREATY Foreign Minister Assertst’ Russ Not Hostile to French ‘Genoa, May 1 (By the A. P.)—For- eign Minister Tchitcherin, head of the Russian delegation at tie eeonomic conference, ‘has written’a letter to Vice-Premier Barthou ‘of France as- suring him that there are no secret military clauses in the Russo-Ger- man treaty signed Haster Sunday at ~ Rappallo. He says that Russia ig not hostile toward France in spite of France’g unfriendly attitude ‘toward Russia, MAKES PLANE SPEED RECORD Garden City, May 1.—Bert Acosta flew a racing tri-plane at a speed in- dicated by his instruments at more than 200 miles an hour at the spring flying show here yesterday in which about 60 airplanes participated. More than 100 pounds sterling have been taken by Irish Republican Army irregulars in raids on various branch- es of the bank of Ireland in the souta, it wag reported in Belfast ‘today. ROBBER BAND WILL SURRENDER (Uos Angeles, May 1—The band which raided the Englewood residence section will surrender in a body to; the district attorney, it was announ- ced. ANTI-FUSION WING | BACK HELLSTROM Middle of the road Democrats op- | posed to the fusion with Republicans on national or state issues began circulating petitions today for F. 0. |) Hellstrom for United States senator. | Petitions have been circulated in Fargo. When seen today Mr. Hellstrom refused to comment stating that this |was the action of his friends who backed him at Jamestown in his fight against fusion. : It is reported that several anti-fu- sion Democrats will be placed in nom- ination by petition during the next larceny. A few days, BYERLY MAY HEAD LOAN DEPT. W. E. Byerly, formerly collector of internal revenue for North Dakota, may become head of the farm loan department of the Bank of North Da- kota, it is reported in capitol circles. It is known that W. B. DeNault, of Jamestown, manager of the . depart- ment, ‘has desired to be relieved of his position in order that he may look after his own business, but he has been prevailed upon to continue in the work of getting the loan department ‘thoroughly organized. Whether Mr. Byerly would accept ithe position is uncertain, FARMERS TRIALS AWAIT SEEDING Minot, May 1.—Five different farmers on whose farms stills or liquor were alleged to have been found by federal prohibition ag- ents Saturday will not be required to appear for hearing before seed- ing is finished, it was announced today. Prohibition agents sald they found either stills or liquor on all of the five farms which are in Ward county, x