The Bismarck Tribune Newspaper, May 2, 1922, Page 1

The Weather . f =——_-RECORD DISPUTE TFRvErposT URINAL WORD OF FIRSTGRAND JURY CALLED IV MARKS. HEARING ALLIES HANDED | CASS COUNTY STARTS TODAY ON TIN WATER CASE TORUSSTODAY __ PROBEINTO AFFAIRS OF BANK Petitioners Say “Find” Is Made And Company Attorneys Say ‘Records Are “Old Stuff” PRESENTED Made at Genoa Economic Conference Announcement of Allied Powers FAILURE MEANS BREAK ‘JUDGE LAUDER TO ENTER U.S. Judge W. S. Lauder, of Wahpeton, SENATE RACE Judge Charles Cooley Delivers Instructions to Grand Jury Called at Fargo VALUA i TION will file tor the nomination for Unit-| PROBE “ANY LOOTING” ed States Senatoy at the June prim- - ary, according ‘to friends of Judge ERATE, Much. Technical Testimony Is Introduced in Hearing Held Before Commission The second day of the hearing of va- rious water cases before the state railroad commission involved many ‘techNical questions concerning ap- _ Praisal of various items of the prop- erty, differences in views ‘between men engaged in the work and variance of figures of tthe petitioners’ witness- “es and the water company figures taken from the books or the previous hearing. The case did not proceed .as rapidly as was expected in the intro- duction of evidence and may require more time than was anticipated. It was asserted for the petitioners that certain records of the water company covering a period of several years prior to 1909 which had been re- ported virtually effaced by water dam- age or loss had been found by S. J. Hunt, employed by the city in the case, in a storage vault in the com- pany offices, and that tifese figures disproved testimony presented regard- ing valuation in ithe previous: cases. It was asserted in reply by water company representatives ‘that the rec- ords of the company were opened to tthe representatives of the petitioners and city at all times, that the records dug up by Mr. Hunt were records which had been used by accountants in the report presented in the previous water company hearing and that Mr. Hunt testified to nothing that was not ‘brought out in the previous case in 1919 and 1920. Atkinson on Stand T. R. Atkinson, city engineer, took the stand when the case was taken up again this morning. Cleon Headley, of the law firm of Davis, Severance & Morgan, St. Paul, was present to assist in the conduct of the case with Mr. Morgan and Mr. Zuger. Mr. “Atkinson was asked how- he arrived at his figures on the cost of the water company Construction from 1887 on up to about 1908, Mr, Atkin- son said the prices he put down for materials entering into the construc- tion of the water- company were ob- tained from Mr. Wolf, who testified in the previous case, and who quoted prices paid by the St. Paul water com- pany. during. the period, He said rices quoted: Were ‘greater than paid y the water company. On cross-ex- amination, Mr.: Atkinson - admitted that he ‘didnot know of\ labor condi- tions, price of labor, sand, gravel, etc., previous up to the time he came to Bismarck, His opinion was labor cost was about the same as in St. Paul. There was argument between attor- neys at this juncture as to the method of procedure, after Mr. Atkinson said he later expected to put in figures valuing the water company property on a reproduction method. His valua- tion had been on the original cost method. Mr. Atkinson said it was a matter of a couple of hours to value the plant oma reproduction method. The water company attorneys said the city should present all ‘its evi- dence first; the petitioners’ attorney: said the evidence would be in rebuttal Commissioner Stutsman said he thought since three cases were being heard together the city ought not hold anything back. e ir. Young: declared the city was not trying to hold anything back; that it was not a trick but a proper method. of procedure, Says Nothing New Presented Mr. Morgan asserted that nothing was testified to by the city’s expert, S. J. Hunt, that had not been covered in the previous case. Mr. Hunt de- clared there was nothing in the record covering the period from 1903 to 1909. Mr. Morgan retorted that there was. Mr. Atkinson was asked by City Attorney O’Hare to compare certain items in the cost of construction work used in his valuation and amounts; paid by the company. Mr. Atkinson said generally speaking the prices he allowed were higher than the prices actually paid. There was a si Atkinson telephoned for some data which he said was being prepared. Presents Analysis | Mr. Atkinson presented an analysis | on which hé said was shown items in the plant which had become obsolete: The period covered was from 1903. to 1912. The total of the items of water company property which he said had become obsolete was $21,899.27. These deductions were made from the valua- tion of Mr. Hunt, city_expert. deductions included metérs which, he said, were obsolete or were paid for by consumers. Other items included a pump, amount $2,400, which, he said, became obsolete and had been replaced. Mr. Atkinson exniained short delay while Mr. | cert. | WOULD CURB The! President Harding and wife, as originally planned, were to have been passengers April 27 on the Ohio river steamboat Island Queen, shown above, whose two forward decks collapsed during the trip from Cincinnati to sons were hurt. PLAN LAUNCHED FOR OBTAINING. PEAGE IN ERIN Leaders of Rival Factions of; Republican Army Join in Plan For Agreement i Dublim, May 2 (By the Associate Press)—Southern Ireland today awai ed ‘the first result of the definite move ito unite the contending military tac ‘tions taken at an unheralded conf ence here yesterday. Ten army ofti-| cers, five of them members of the d senting section of the Irish Repw can Army, signed a statement agree-: ing to “army unification” on the ba-! sis of holding elections “with a view; ‘to forming a government which will have the confidence of ‘the ‘whole country,” and recognition of “the; facts admitted on both sides that aj majority of people of Ireland are will- ing to accept the peace treaty.” ‘Those signing for ithe regulary army included Michael Collins, head of ‘the | provisional “Free State government and Richard Mulcahy, minister of’ de- fense in the Dail caibinet. All tive dis- senters have been against the treaty, | ‘it was stated. ¢ ROLL OF DEATHS Belfast, May 2. (By the. Associated Press)—According to Belfast police returns made public today 148 Pro- ‘testants and 183 Catholics were killed in Belfast for the period from July 1, 1920 to April 29, 1922. From January 1 of this year to April 29 the figures! show 61 Protestants and 69 Catholics killed. i A postman was killed and his ‘son | wounded when they were ambushed last ‘evening while delivering letters; in Armagh. OFFICERS 10 BE NOMINATED State Federation of Musical) Clubs Names Committees [ Grand Forks, May 2,—The morning | sossion of the North Dakota Federa- tion of Music clubs was devoted to the presentation of reports and brief pro- gram by four of the districts of the state, A nomination .comm'ttee com-; posed of a representative from each of the eight districts was appointe1. The committee will make its report tomorrow, i Musical clubs from, Grafton, Grand Forks, Devils Lake, Minot and Fargo; presented numbers. A North Dakota | composer, Paolo Conte, of this city, was represented on the program, two} of his p'ano numbers being played. | Tonight ‘Henrique Ros, pianist, and | Herman Rosen, violinist, winners ot; the national contest, will give a con- North Dakota profess‘onal musicians ! presented a program this afternoon under th2.direction of the church mu- sic department of the federation. FEDERAL POWER! | 'st, Louis, May 2 (By the A. P.)— | Formation of an organization to figkt |centralization of power in the federal} |governmer was announced here to- |day. The purpose of the organization, | lit was explained is to curb the pow- er of the federal government by con- | stitutional amendment in levying tax-| les upon the people of the state except ‘in time of war or to retire war debts. Point Pleasant, for the Grant memorial exercises. wife, all the Ohio supreme judges, several state officials and tw candidates for governor. M’CUMBER BONUS PLAN AGREED ON FOR jequal to 50 percent of their adjusted plus, 4:1-2 -percent interest annually. 1 Her passengers included PRESENTATION TO Smoot Plan Is’ Discarded i Meeting of Senate Finance Committee Republicans—Pro- vides for Loans 1 I Washington, May 2.—Presidgni} Harding is to be asked by the sen‘te finance committee Republicans‘to ap- prove a soldiers’ bonus bill differing from the house measure only in min- or essentials. This was decided at 2 conference of committee Republicans today at which seNators said the Smoot plan of sub- stituting a 20-year endowment lif surance plan for the adjusted ser certificate ‘was discarded without a record vote. The Smoot plan would have provided for no ‘specific loans on} the policy: : The’ measure .to be taken to the President is what is known as the McCumber plan which would provide for immediate loans ito the veterans | | i O74 | | | ! | service: pay at the rate of $1.00 per day for domestic service and $1.25 for overseas service. At ‘the end of three years the loan value of:the certificate would be 80 percent of the adjusted service pay Joseph McRoy, the government’s) actuary, ‘presented estimates to the committee showing the cost of the McOumbef,plan ‘for the fiscal year ‘as $77,000,000; $92,000,000 in the second year; $73,000,000 in ‘the third and $376,000,000 in the fourth with the "JI- timate vost. approximately four bil- lions, dollars, These costs include payments cn account of death, cash to veterans en- titled to not more than $50, vocational training and farm and home aid. The land settlement option has been elim- inated from the Dill. GERMAN WOMAN IS ADMITTED New York, May 2.—Gertrude Baer, delegate to the Women’s Internationa! League for Peace at Washington, who was detained at Ellis Island upon her arrival from Germany yesterday. on suspicion of being a communist agi- tator, was released by a special board of inquiry today, Release came too jate, however, for Miss Baer to keep an appointment she had today with President Harding. JAP CABINET HAS RESIGNED London, May 2 (By the Associated Press)—The Japanese cabinet headed by Premier Fakahashi has resigned to permit a partial reorganization of the ministry says an Exchange Telegraph dispatch from Tokio today, ADMINISTRATION BOARD MEMBERS OUT “VISITING” Members of the State Board of Ad- ministration left here for visits to tha State Agricultural Colelge, May 2nd anid to the State University, May 3 and a part of the board may continue their meeting at other institutions befote returning ‘to the capitol. These meet- ings will not take the place of later meetings scheduled at the different institutions, the one at the State University for May 17th. United States Senator Pomerene and Twenty-eight per- PRESIDENT HARDING HARDING WON'T BE INFLUENCED | “BY PICKETING White House Throws Down Gauntlet to Those Behind “Children’s Crusade” ANNOUNCEMENT IS MADE, Washington, May 2—The gauntlet | was thrown down today by the White House today to the ledders of the “Children’s Crusade” to obtain-the re- lief cf war-violators from prison, the declaration being made that President | Harding would jn no‘ ‘wise be infin. enced by the picketing program of the American Civil Liberties Union, organ- izers of the crusade, ach The president was said to regard the del:gation of.women and children as organized. for publicity purposes but to feel the greatest sympathy of chil- dren whom. he would,;weleome:to the White House under ordinary \circum- stances, New York, May 2.—Wives and chil- dren will resort to picketing the White House in a renewed plea ta President Harding to release 114 men still in federal prisons serving sen- tences imposed during the war, it was announced by the officers of the Am- erican Civil Liberties Union. Each day they will parade ito ‘the exe- cutive mansion, the senate and the department of justice bearing banners inscribed “I Never saw my daddy.” Free all political prisoners and “Is free speech a crime?” According to Prof, Harry Ward chairman of the union’s board of di- rectors, this campaign will be aug- mented by a drive upon the President through the mails by its members throughout the nation. SOCIALISTS FROWN ON IT Reported from Genoa That Italy Follows France in Making Secret Treaty Genoa, May 2 (By the A. P.)—It was announced ‘by the British repre- sentatives here this afternoon that the memorandum to be handed ito the Rusians “embodies the maximum the (powers are willing to give the Russian government and ‘the minimum which ‘the powers will accept from Russia.” “If the Soviet delegates do not ac- cept the general line of this docu- ment,” it wag added, “then it is certain all negotiations with Russia will be suspended for sometime, probably un- til another form of government arises in Russia.” MAKE SECRET. TREATIES ‘London, May 2 (‘By the A. P.)—Tae Pall Mall Gazette and Globe today says it has just learned’ that Italy following France's example. has made a secret political pact with the furk- ish Nationalist government at An- gora “behind Great Britain’s back.” “Full disclosure of this has only just been made,” says the newspaper, “though it has ‘been suspected for sometime. The consequences are like- ly to be serious.” The newspapers say Italy's with- drawal of her troops from Scalanova and the Meander valley in Asia Minor as was reported in a Constantinople dispatch of April 18 was effected by an arrangement with the Turks, The Turks were informed beforehand of this movement, it says, similar know- ledge ‘being denied ito the Greeks whose flank was left dangerously ex- posed. DENIES INDUSTRIAL AGREEMENT Genoa, May 2 (By the A, P.)—The Genoa correspondent for the London Evening News in a dispatch to his ‘paper ‘this afternoon quotes Colonel Boyle, representing the Shell group of British oil companies and Royla Dutch interests here as denying that an in- dustrial agreement had been signed here between these interests and the Russian Soviet government. GRAIN GRADING ~ FUND IS LOW Emergency Commission Appro- priates $1,200 The fund created for use by the state grain inspection department for inspection of gfain, weights and mea- sures is very low at this time, it was reported in the state auditor’s office when the emergency commission, in meeting, transferred $1,200 from the state division of grains, weights and measures, situated at the agricultural college, fund to the railroad commis- sion to meet emergency expenses. The state treasurer and state audit- or were considering today ‘the distri- bution of the fund created by the col- lection of fees for inspection of grain, weights aNd measures. The legislature ‘appropriated $60,000 for this depart- Cleveland, 0., May 2.—A report sub-|ment, to be paid out of the fees collect- mitted to ‘the national socialist party convention today by executive secre- tary, Otto Branstetter, showed that the socialist party had frowned upon the’ “children’s amnesty crusade” be- cause it appeared to be an advertising campaign for a radical publication net considered an official socialist party organ. SEEDING IS NOW IN FULL BLAST Shields, May 2.—Considerable seed- ing has been done the past week in| spite of the unfavorable weather con- ditions. Most of the seeding has been on corn and cane ground or on land} plowed last fall. ‘ While the season is very late, pros- pects are no! discouraging and the) chances are that the crop acreage throughout the state will be as large! as last year. | McCORMACK SAILS ed. The fund created by collection of fees is so low that'doubt was express- ed at the auditor's office if the $1,200 appropriated could be paid out, when oustanding warrants ‘are reported. The railroad commission temporari- ly continued the inspection depart- ment at the agricultural college, and transfer of funds by ‘the emergency commission was necessary because the grain grading law wag held invalid. FIVE KILLED IN MAY DAY RIOT Rome, May 2 (By ‘the Associated Press)—Five dead and about 100 wounded make up the May Day roll of cagualties in Italy. FIRST DIVISION FOR EUROPE, i —_ | New! York, May 2—John McCor-! mack, the tenor, has so far recovered from his recent serious illness that he! was a passenger today with his wife! and family on the Acquitania bound | for a visit to his home in Athlone,! Ireland. REUNION CALLED Casselton, May 2.—A reunion of} North Dakota members of the First division has been called for June 20,) 22 ‘by George Wright of Casselton, state president ‘of the organization. The reunion will be held at Devils, Lake in conjunction with the state It is estimated that over 2,590 {convention of the North Dakota de-| Lowest yesterday . |partment of the American Legion. Lauder here. It is said that petitions are being prepared for circulation by him, SAID AVAILABLE FOR IRRIGATION Official Call For Congress Here Recites Money to the Credit Of North Dakota LOANED TO OTHER STATES Subjects to be Considered at Irrigation Congress Here Are Outlined aaa a / The call for the state irrigation con- gress to be held here June 7, issued today over the signature of E. A. Wil- liams, president of the North Dakota! [rrigation Association; H. C, Plumiley, secretary and Thomas H. Sullivan, as- sistant secretary, includes: the follow- ing provisions: The congress shall consider all ques- tions ‘pertinent to the development of irrigation projects, particularly those within the state, and to ask by resolu- tion the Secretary of the Interior to appoint a commission to investigate inrigation possibilities im ithe ‘three states. The congress will consider the lo- cation and establishment of large elec- tric plants at strategic points near! extensive lignite deposits for the pur- pose of furnishing electric power for pumping at small irrigation projects. | Money Available The call states that, according to a report of the Reclamation Service for 1920-1921 there is $12,211,135.71 in the reclamation fund of the federal treas- ury to the credit of the state ‘of North Dakota derived from the sale of the public lands of the state, and that ac- cumulated interest will bring the toral! to approximately $20,000,000. Montana} has $14,177,229.34 and South Dakota 37,616,789.89 as shown in the ‘same re- port, the call says. “Montana, North and South Dakota are the states most vitally interested | in ‘the possibilities of controlling flood waters of the Missouri and Yellow- stone for the purpose of irrigation| and the development of hydro-electric power,” the call says. “There is more} than $34,000,000 in the Reclamation | Fund of the National Treasury to the | credit of these three states. This; money is either lying* idle or being} loaned to other states, when its need is imminent at the present time for! the development of the vast resources! of these three great states, A concert of movement on the part of these sev-| eral states and their duly electric re-! presentatives in Conress will release | this fund and (promote the vast agri-| cultural and commercial possibilities of the valleys of the Missouri and Yellowstone and their tributaries.” Call. For Congress The formal call follows: “A oe Dakota State Irrigation) Congress i8 called Ito convene at Bis-| marck June 7 and 8, 1922. “The Congress is called for the pur-; pose of considering fully all questions | pertinent to the development of irri-/ (Continued on Page 3) EXTRADITION _ISGRANTED St. Paul, May 2.—Extradition was; granted today for the return to North; Dakota of L, B. Matthiesen to serve the remainder of a five-year prison} term. When Matthiesen was being tak-} en to Bismarck on June 2, 1920, he| escaped by jumping from a ‘moving | train near Steele, N. D. He had been; convicted of the theft of an automobile! at Grand Forks. He served part of his term and was paroled. He violated} the parole and was ordered to serve; the remainder of the term but es-! LARGE U. §, FOND George Bangs, of Grand Forks, Will Assist Attorney-General Before Jury Fargo, May 2.—The first grand jury ever called in Cass county was ready at noon today to proceed with its bus- iness. It was called ‘at request of At- torney-General Sveinbjorn Johnson to examine into the varlous activities of the defunct Scandinavian-American Bank and to fix blame for “any loot- ing” What had ‘been done. The jury will reconvene at 2 o'clock. The morning session wag devoted ‘to the charge of Judge C. M. Cooley, Grand Forks, which took two hours to deliver, He touched on banking Jaws, liquor laws and highway laws as well as others in the charge. A foreman was elected and the first session was adjourned. | if | i Bangs to Assist It was announced that Geo, A. Bangs of Grand Forks will assist Attorney General Sveinbjorn Johnson in pre- senting the evidence of the state to the grand jury. While the jury is con- vened for the express purpose of in- vestigating the affairs of the Scandi- navian-American bank, it is pointed out ‘that a grand jury may investi- gate any evidence of crime that comes to their attention. ‘The attorney general will call wit- nesses and take what other steps are necessary to get all of the evidence he has before tthe grand jury. In the event that the jury finds that in their opinion there was any violation of the law on the part of anyone connected with the Scandinavian-American bank, ‘they will then return an indictment against the person or persols who they deem to be ‘guilty of such viola- tion. Warrants will then be issued for those indicted, and they will he brought ito trial in district court be- |fore a petit juny. Many witnesses have been sum- moned, ASKS FUND FOR FRAUD CASES Attorney - General “Wants to Probe War Contract Matters Washington, May 2.—A request for special appropriation of $500,000 to be used in prosecution of ‘war fraud cases was gent to the house today by President Harding. The budget communication. explain- ed ‘that the fund would be used for in- vestigating or prosecuting all cases whether civil or criminal growing out of the war. ASKS VIEWS ~ OFTHE FRENCH Paris, May 2 (By ‘the Associated Press)—The American debt funding commission has informed tthe French government it will be glad to receive the government's observation on what it has to offer concerning payment of interest on ‘the French debt to the United States and the amortization of the capital. MAKE CHARGES AGAINST U. 8. ATTY.-GENERAL Washintogn, May 2.—Reports that Harry M. Daugherty, now Attorney- General, had received a fee of $25,000 from Charles W. Morse, New York ‘shopbuilder, for obtaining Morse’s release in 1912 from the At- lanta federal penitentiary were re- peated in the senate today by Senator Carraway, Democrat, Arkansas and denied by friends of ithe present At- ttorney-General. The Arkansas senator said the re- port was based “upon public informa- tion.” Senator Watson, ‘Republican, Indiana, said he had talked with Mr. Daugherty about the reportand it waa gaped. | 1 > Weather Report i at! For twenty-four hours ending noon May 2. Temperature at 7 A. M. Highest yesterday .. eS. ofl » 43 » 45 Trace 18-SW Lowest last night Precipitation untrue. Senator Moses, . Republican, New Hampshire, broke into the dis~ cussion to say that William G. Mc-. Adoo, former secretary of the treas- jury, had received “large fees” from ;Mr. Morse in connection with ship- ping contracts recently made the ba- [sis of indictments in federal court ere. GOV., RUSSELL’S why he had checked off the valuation | : = several of the items referred to. ;65 REPORT FROM SPRING =| Mr. Atkinson on cross-questioning | \ TRAINING AT WILLISTON; said he had eliminated certain stems! Williston, N. D., May 2.—Sixty-tive | DAMAGE SUIT IS DISMISSED COUNTRY CLUB MEMBERS ROLL UP ‘ |members of the division are in North | Highest wind celocity \Dakota and eligible to membership in the First divison organization of |, Weather Forecasts. | which Mr. Wright is president. ‘or Bismarck and vicinity: Prob- ie ‘ j “4 = Salar ares ae because they were included by Mr. Hunt. Mr. Morgan asked if Mr. Hunt had not included them because they were part of the construction account. Mr. Hunt was ‘next called to the witness stand by the petitioners and questioned as to his analysis of the various additions and bdetterments, and items which had becn charged to capital account. Mr. Hunt said he had _ credited amounts to capital account for pur- chase of meters'’on the assumption that they were owned by the com- pany. He could not give the total and was asked if he could prepare in the next two or three days a total of (Continued on Page 3) jfootball candidates reported to Coach Cuting for spring practice yesterday afternoon. From the material on hand, jprospects loo bright for another | winning team next fall. Kicking aad) passing was the routine work of the! ‘practice. KILLS HORSE Carson, N. D:, May 2.—Our station agent had ‘the misfortune to’run over Ted Halverson’s horse and kill it. The ‘agent had been (own t~ Freda after ‘his Oldsmobile and was returning \ncme when the ‘horse run in front of the car. The matter was settled, Hal- verson losing the horse and the agent standing the damage to his car. SLEEVES ON CLEANING UP DAY, The Country Club was given a lot of fine attention last evening. Forty men—doctors, lawyers, mer- chants, bankers—joined in the clean- ing up day designated for the club. They put on their overalls, rolled up their sleeves and went to the work of putting the clubhouse in apple pie order. Two supreme court judges de- monstrated their willingness and in- eptitude in wielding a paint brush. The roof of the clubhouse was stain- ed a moss green, the sides a gray and white trimmings will be added. The grounds around the clubhouse were placed in fine condition. About dark ladies of the, club ap- peared at the clubhouse loaded with eatables of all kinds, and a2 impromp- tu dinner was served as\a reward to the men of the club who had- given) their time to the clean-up and paint- up work. Or Friday afterncon,- Arbor Day, the club will plant trees in honor ot the members of the club who served in the World War, and Governor Nes- ‘tos will make a talk at the Arbor Day exercises, DRIVE TO REMOVE HORSES’ BODIES AS HEALTH MOVE New England, N. D., May 2.—Miss ;Ragna Frederickson, county Red !Cross nurse, is responsible for a drive for removal, burial or cremation of tle which starved or froze to death jduring the blizzards of the late spring. Miss Frederickson called at- tention to the prevalence of diphtheria in the districts where dead stock lay exposed as a common nuisance. Cooking in Hawaii js done in a hole in the ground with red-hot stones. \the scores of bodies of horses and cat-' jably showers tonight and Wednesday; \cooler Wednesday, | For North Dakota: Probably show- ers tonight and Wednesday; cooler | Wednesday. J General Weather ‘Conditions. An extensive low pressure area, central over Alberta, covers the Cana- dian Northwest and the Missouri Val- ley. Showers have resulted over most cf Montana and in eastern and north- ern North Dakota with heavy falls at Jamestown, Langdon and Bottineau. | Temperatures continue moderate in all | Sections. ORRIS W, ROBERTS, Metcorologist, Jackson, Miss., May 2.—The damage suit against Governor Russell alleging seduction was dismissed today by Judge Edwin Holmes on the ground of lack of jurisdiction. ‘Counsel for Miss Frances Birkhead, plaintiff, announc:d they would im- mediately file the suit in the Oxford division, northern division of the fed- eral court, the division in which Gov- ernor Russell has his legal residence. The amount asked in the suit was $100,000, Po, the stable food of the natives of Hawail,.is made of the steamed root of the taro plant.