The Bismarck Tribune Newspaper, July 21, 1922, Page 3

cn i Lf y FRIDAY, JULY 21, 1922 i restrained and enjoined from making the proposed contracts, relating to -~| streets within the city. | That during the’ peRdency of the BE A ) E action, the defendants restrained and 4 | enjoined from performing the con- ea | tracts entered into. | 5 R. D. Blakemore, Former Man- ‘INCOME TAX ager, Details Association’s Early Activities CREE As Stable Revenue Producer ‘IMATE NOT CONTRACT, It Is Not There sg eee ; Income taxes are not a_stablé Former Manager Asserts No) method of raising the moneys to pay ‘ ‘ sya...” | State bills in the opinion of Nortn Definite Price for Building Dakota officials who have been watch- 4 Agreed Upon ing the trend of the income Yax re- Houses Ag Pi ecipts for the past three’ or four _—_ years. -In- times of prosperity there Construction of homes was launch-| i jittle doubt that funds would be ed by the Home Building Associa-| ample, but the revetse conditions tion before there were any) would leave the state and its subdi- # ‘fanoplicatins by _ persons _for | ‘visions with little with which to pay the building of — homes, _X. | bills. 5 B. Blakemore, former manager of| the Home Building Association, tes- tified in the law suit here in which the association is suing George E. Wallace, former tax commissioner. Anxious to get started, former Governor Frazier, former.Commissiofier of Agriculture | and Labor Hagan and_ William ; ?iemke, acting as attorney for the Industriat Commission, urged the work begun against his best judg- ment, Blakemore said. The former manager of the association said he didn’t see where “we were going to get the money.” The first seven houses were startr ed in Bismarck without buyers, Blakemore said, but on authoriza- tion of the Industrial Commission. Atter the houses had gotten under straction persons sought mem- bership in Home Buyers’ leagues, he said, adding that when they got $1,- 000 paid in they seemed to believe the houses were theirs and ordered changes made. My. Blakemore testified that there were two genera} plans of houses, one type to cost $4,500 and the sec- tod type to cost $4,700, for con- struction in Bismarck, changes be- the association. The claim of home builders that they had an understanding as to the! definite cost of the house was de-| M?’CUTCHAN ON nied by Blakemore. He asserted that the estimates made by James Baker, former superintendent of construction, were merely estimates and that it was so understood, Re- garding the law under which the as- sociation operated Blakemore said it was the interpretation that the limit of the cost of each house was not $5,000, but that the limit of the state’s investment was $4,000, ) Fred Anderson, foreman of con- struction on the Wallace home, Nick Chernick and M. W. Thatcher were other witnesses placed on the,stand by the state before it concluded its case in the main last evening. Ef- forts were made to reconcile: the ac- counting of costs on the home so as. ‘to show that the Home Building As- sociation could trace the cost of the Wallace home as distinct from oth- ers, As the case neared its conclusion today the testimony changed from consideration of the Home Building probiems as a whole to particulars regarding the house of Mr. Wallace. Mr. Wallace was placed on the wit- ness stand as the first witness for! tfle defense. He was followed by W. A. Anderson, former secretary of the Industrie] Commission, . While R. B, Blakemore, first man- xger of the association, was a witness for the plaintiff association, John B. Adams, Blakemore’s successor, was ele as a witness for thé defend- ant, W. A. Anderson testified that he was present during a conversation hen James Baker, superintendent of - Construction, gave Mr. Wallace an es- timate of the cost of his proposed house as $5,300. This, Mr. Anderson said, was given as a guaranteed max- imum price, The persons for whom homes were built contend that these estimates of Baker’s constituted ver- bal contracts while the association holds they were not binding. SUIT STARTED AGAINST ROAD TO NEW BRIDGE (Continued from Page 1) Burnstad, contractor for the road, had shipped in machinery. The complaint sets out the various steps leading. up the letting of the contracts for the road, known as fed yYal aid project No. 136. It alleges that the plan includes conereting the road from the penitentiary to the bridge, excepting the paved portions in the city, at the expense of the federal government, state and county, and alleges that the city alone has control over the city streets, declar- ing that the contracts are let in part for constructinon work on city streets. What Plaintiffs Ask. _ It alleges the plans and specifica- tions were not submitted to the city comimission nor to any executive of- ficers of the city. It alleges that the defendants have determined that at least 25 per cent of the cost shall be paid by the county, and that unle the defendants are enjoined the per eent will be paid for out of tax money, and says the amount which will be spent, unless a restraining or- der is issued, is at least- $6,500 for that portion threatened to be con- structed, and that if the proposed contract for pavement is entered into many thousands of dollars will be ex- pended. : The prayer of the plaintiffs’ peti- tion asks: E That the proceedings aforesaid de- claring and laying out a highway within the city limits of Bismarck be adjudged null and void. : That the contract made for grading with R, §. Burnstad and th® contract | for constructing the viaduct under the Northern Pacific railroad be de- | clared null and void insofar as it affects the county of Burleigh. That the defendants be perpetually | | the association | ing made in the types as desired by! In the three years including 1922 ‘in which conditions have been les | affected by the war, the vagaries of | the income tax as a stable revenue| | producer has been demonstiated. | In 1920,ethe income tax of the state jamounted to $437,547.26. The next | year in 1921, the income tax tumbled |down to $347,972.54. This year, the fall haabeen still greater and certifi- cations to date total $124,486.33. There will be some additions to this sum from companies whose fiscal years are at irregular periods, «fn- stead of January 1 or June 30th, but | the Targe percentage of the taxes have been certified and the state | treasurer knows at this time about | what he can depend apon for meeting state bills from the payment of in- come taxes. The amounts certified to the treas- urer at this time is divided between the individual and the eorporation tn- come tax. The individual income tax has provided $29,486.10 of the funds certified at present while the corpor- ations have supplied $95,000.22. The small additional amount of income tax received will be from the corpor- ation taxes. MAY RELEASE BOND OF $12,000 Dickinson, N. D., July 21.—David McCutchan, slayer of Walter Inman, probably will be released on bail. ‘J. E, Phelan of Bowman, N. D.,.is expected to sign a bond of $12,000 that will give McCutchan his free- ‘dom until the trial is called. The action results from the plea that North Dakota, being without capital punishment, opens the way ‘to the release of all prisoners on | pail, regardless of the fact that they | may be charged with first degree mur-, det, as in this case. : The killing of which McCutchan is accused, occurred near Amidon when the men became involved in an argu- ment over possession of a farm rev idence. pei came eal | ASKED TO BE JUDGE B, M. Crary, state'printer, has re- | ceived an invitation to act as one of three judges in a printing contest be- ing conducted by a large paper com: | pany in the states of South Dakota and Minnesota, Other judges are: Seth Thornton, head of the South | Dakota state college of printing, and |Mr. Landan, head of a printing insti- \tute in Minneapolis. , pits TURNER NAMED | Dickinson, N. D., July 21.—Inde- | pendents controlled the Stark county | conventions here by a vote of 26 to 13, C, C. Turner was elected county ‘chairman of the republican commit- (tee and M. L. McBride, state commit- teeman. f In the democratic county meeting J. P. Cain was elected county chair- | man and E, J. Hughes state commit- | teeman. SENATORS FAIL _ IN EFFORT FOR A CONFERENCE (Continued trom Page 1) One death was included in the ré- ports of violence, It was that of a railroad guard at Burlington, Kan- sas. He was found dead with one ‘shell of his shotgun exploded. Three employes of the Texas and | Pacific at Fort Worth were flogged. A non-union employe of the Erei, at | of the Northern Pacific service out of | town and told not to return. Six men were in jail today at Au- | gusta, Georgia, charged with inter- | fering with the mails. It was al-| | leged they delayed an Atlantic Coast | | Line mail train by attacking car re- pairers. GOMPERS WRATHY. Samuel Gompers, president of the | American Federation of Labor in a | statement issued here today invited |the government to urge that the striking coal miners and the striking | railroad workers and their respective employers inaugurate direct negotia- | tions. | “We invite the federal government to see to it that the employers and | workers come together,” said Mr. Gompers. “The government has done everything except this one logical, ‘necessary thing. | “The government has threatened a jgreat deal. It has talked about ‘troops and about the rights of the public. It has not talked effectively about conference and it has had lit- | tle or nothing to say about the rights of the workers. | “«epabor calls upon the government to talk about conference between em ployers and workers, both in the coal ‘industry and in the railroad shop | strike. R “Conference is the thing that is needed.” /CoHege, an appeal to the 80,000 members of the order; asking that each man give ‘one day’s pay to help thecause of the striking railroad men and_ striking coal miners. PRESIDENT KANE OR FACULTY MUST GO; (Continued from, Page 1) kota University he was a teacher in the public schools and professor of Psychology and. Pedagogy at Hope Holland, Mich. Hugh £. Willis has been dean of the Law School at the University for two years. He is a graduate of ‘Yankton College and of the law “school of the University of Minneso- ta, He has been a teacher at Yank- ton’ College, ten years at the Uni- versity of Minnesota Law school and a year and a half at Southeastern University. Dr. 0. G. Libby is professor of ‘American History in the University and has been at the head of the col- jection and preservation of North Dakota’s history. He has been at the University for nineteen years. Tie is a graduate of the Univerity of Wisconsin and taught eight years there, He is secretary of the ‘state Historical Society, has been pres- ident of the Mississippi Valley His- torical Society and was the organ- jzer of the Teachers’ History and Social Science Section of the North Dhkota Educational- Association. Report of Faculty Council “After calm deliberations — this committee is unanimously of the opinion that these three men and the president cannot work in harmony. It is therefore the judgment of this committee that within a reasonable time after this date, one or both parties to the controversy that has for so long menaced the, efficiency of our service to the state should sever official connection with the university. It is the suggestion of the committee made in all friendli- ness to both sides that the initiative in such action be taken by the par- ties themselves.” This is the recommendation made by the faculty committee of the Uni- versity of North Dakota which in- vestigated the charges made by Pres- ident Thomas F. Kane, against Dean H. E. Willis, Prof. A. J. Ladd, and Prof. 0. G. Libby, whose retirement he had recommended to the state board of administration. The rec- ommendation of the committee is a part of findings in the case which have also been presented to the board. © In explaining the reason for this recommendation, the faculty com- mittee. declares its conviction that “the root of the present troubles lies in the dissensigns which pre- ceded the armistice” of two ‘years; ago which closed the unsuccessful attempt to unseat Dr. Kane as pres- ident of the university, and “that the passions engendered in that bit- ter struggle were too strong to be completely subdued, and that the un- certainties cf the outcome of polit!- cal strife in the state fostered in both sides the hope of final victory.” In considering the charges made against the three faculty members whose retirement is asked by Pres- ident Kane the committee has taken up one by one the allegations made by the president in his letter ta the three men setting forth his reasons for his action. ‘ Nature of Charges In discussing the general nature of the charges the committee says: “An examination of the president’s charges shows that they are based upon questions of fact, and upon questions of judgment. Most of the questions of fact should be capable of proof, but some of them even if proved seem to be more or less ir- relevant to the main question at is- sue—the sufficiency of the “charges to warrant the dismissal of the men from their respective posts in the university. In the matter of ques- tions of judgement the commpttee holds to the principle that the pres- ident of the university is in a posi- tion both by virtue of his legal status and by his long experience as a university executive to obtain! clearer judgment on matters of university policy and administration than can be had by any other single university officer or teacher and that therefore his judgment should have considerable weight unless it is clearly shown that his judgment have been biassed.” The committee also declares that it has held that all matters alleged to have occurred before the previous university row and should be excluded from the present controversy according to the agree- ment made in the “Hagan Armist tice.” In regard to the matters of fact alleged in President Kane’s charges; the committee says that the president | was willing only to present his own oral testimony and declined to pre- sent any documentary evidence or to ¢all any witnesses to confirm these charges, This is confirmed by a statement of the president who says that he took the position that he “was not .on trial.” The accused professors presented evidence. How Findings Based “The committee has therefore been forced to base its findings on the unsupported charges of the pres- ident on one side, and the conse- cuent rather indefinite-defensive evi- dence on the other’ says the report. The charges against each one of the three professors are taken up separately. The findings of the com- mittee are substantially as follows: In analysing the charges of Pres- ident Kane against Dean Willis the committee finds that they may be summarized under three _ general heads as follow: 1. Dean Willis’ original appoint- ment as Dean two years ago was avainst the recommendation of the president and was irregular. 2. The record of the law school under his administration, two years as dean and two years acting dean cannot be regarded as a success. 3. Improvements‘ in the law school is blocked unless a change is made in the deanship. settlement | ion, president of the Order of Rail-| After investigating these charges | in their varions ramifications the | committee holds: 1,. That Dean Willis’ appointment was admittedly against the tecom- _ ‘STRIKERS’ A(D ASKED. (By the Associated Press) St. Louis, Mo, July 21.—E. J. Man- if THE BISMARCK TRIBUN therefore irregular but"iot wbsolute- ly contrary to the university consti- tution and therefore not illegal. Sub- charges-under- this head are-outlaw- ed in that they refer to matters taking place prior to the “Ha- gan Armistice.” 2. Regarding the record of the law school it is held that there are’ twa sub-heads, first the low enroll- ment at the school and second the high per capita cost of the school which is the result thereof, It is held that there are several contributing causes for the low en- rollment_ such as the raising of the entrance requirements, ete, for which. Dean Willis is in no way re~ sponsible, but that these causes do not offer a sufficient explanation of the low enrollment. The committee holds that it is not competent to de- termine whether or not the present per capita cost quoted by the pres- ident is excessive, No evidence was’ offered to support or refute the charge. + In conection with this portion of the evidence the commitee expresses the belief that Dean Willis has suf- ficiently outlived the student disfavor into which be fell two years ago. 3. The charge that improvement in the law school is found to be based on two propesitions, first that he does not select first class teach- ers, and second that his own record, reputation, and standing are a hand- icap to the school. In regard . to the selection. of teachers the committee found no evi- dence to’ support President Kane’s charge, On the second portion of! the charge, dealing with Dean Wil- lis’ yeputation it was held that there was’ some divergence of opinion. All witnesses examined were unanimous in upholding the moal intergity, but on his standing with! the legal pro- fession the answers were somewhat diverse, and “It seems that his standing with a considerable portion of the legal fraternity, and the pub- lic in , this state particularly in| touch with legal matters is rather doubtful.” In summing up the case with re- gard to Dean Willis the committee holds as follows: ! “The committee finds nothing in the evidence to substantiate any stated or implied charges reflecting on the integrity of Dean Willis or his work as a teacher, or in any other matter except only his degree of success in effective administration of the law school as its dean during the past few years. “The decision on the degree of ef- ficiency the university may properly expect is a matter of judgment. Such decision is not included in the scope of the duties of this commit- tee. Prof. 0. G. Libby The charges against Prof. Libby are also held by the committee to be grouped under three heads with | a number of subdivisions in each, These are: | 1. Prof. Libby’s work has been erratic as a teacher, administrator, ete, that he cannot do team work, [was a member of the most radical ‘organiztion in the state, ete. 2. That he interferes with the univeristy plans. 3. That he has violated the chief principle of the Hagan agreement. In connection with all these charges the committe presents the | following summary of its findings: “The committee concludes that the president’s charges are not substan- tiated by the evidence except par- tially on the point that “Professor ‘Libby has no faculty for team work. On that point the evidence is di- verse.” Prof. A. J. Ladd s In regard to Prof. Ladd there are | II eharges, expressed by the pres- ident in his letter to Prof. Ladd the | committee finds: These charges and the findings of the committee in con- | nection therewith are as follows: ! 1, That Dr. Ladd adds less | strength to the department than any | other teacher. The committee holds this charge to be insufficient reason for recommending dismissal. 2. That Dr. Ladd’s help to the university in the state is almost at a minimum. that the evidence is not sufficient to support this charge, hence charge | not sustained. | 38. Dr. Ladd’s power of drawing | students to the collége is very much on a par with his work in the state. | That is held by the committee to be impossible to prove or disprove. 4. That Dr. Ladd is regarded as the least attractive and interesting | teacher in the department. Held by the committee to be - insufficient ground for removal. | 5. That since Pres. Kane came to the university Dr. Ladd has never attended a professional convention | in the state or out> The charge is sustained by the committee so far as mectings in the state are concerned. That there is less for a depart- ment of the history of education than | for any other essential work in the ue The committee holds | § A first class place, | 1 961 1 school. ~Held-by the committee not to constitute a! charge. 7. That in a very difficut situa- tion Dr. Ladd is “rocking the boat” when it is very important to get the university through a period when po- litical feeling is so high. The com- mittee holds that the recorded evi- dence goes not sustain this charge, but that the informal testimony showed that belief that'the president is justified in making the charge as to the fact, although the degree is undetermined, 8. That Dr. Ladd has made an ef- fort to make it conspicuous that he was disregarding the “Hagans Arm- istice.” Held by the committee to be sustained as to the technical fact in one instance only. 9. That Dr, Ladd’s whole method ef proceedure lack directness and straight forwardness, Held to be an expression. of executive’ opinion which must be given due consider- ation. 10. That rather vigorous com- plaint has been made. Dr. Ladd’s religious views. Held not to consti- tute a charge. 11. That his work on the gradu- ate committee is unsatisfactory. Held by the committee not to be sustained. The findings of the committee are signed by all of the members who were: F, M. Garver, chairman; D. R. Jenkins, E. F. Chandler, Karl H. Fussler, and George B, Wharen, HOOVER PLANS RATIONING OF NATION’S COAL (Continued from Page 1) the coal industry to learn all the causes of dispute and tind a way to avoid them in future,” the pres- ident added: “There is an authority above all and ‘operators and the au- thority—the American people—must have an agency of effective expres- sion.” . (By the Associated Press) Lansing, Mich., July 21.—The tak- ing over of the Michigan coal mines and their operation by the state gov- erfiment, today awaited President Harding's approval of the program outlined yesterday by Governor Groesbeck. The governor completed his plans last night and was pre- pared to take steps to re-open the mines immediately upon receipt of auhorization from the President. Governor Groesbeck has been as- sured of the cooperation of Michigan operators and was confident a suffi- cient number of, striking miners could be induced to return to work to avert a serious shortage in Michi- gan. The mines would be protected by state police or national guard troops, the. miners bejng sworn in as members of the state police force. ASK U. S. PROTECTION. : Columbus, Ohio, July 21—Declar- ing that local officials are unable to cope with the situation and that “Governor Davis had refused to fur- nish us any protection,” the Consol- idated Coal and Coke company of Butler, Penn., through its attorneys here today telegraphed President CAPITOL DUSTIN payment. —3-room house; lights, water, AAA AAA iui Men rates prescribed by follows: Young men who desire to ina 00 ee The Northern Pacific Railway Company will employ men. at Machinists, 7C cents per hour, .. .. ..- Blacksmiths, 70 cents per hour. ... ..- Sheet Metal Workers, 70 cents per hour. Electricians, 70 cents per hour. .. .... Stationary Engineers, various rates. .. Machinists helpers are allowed time and one-half for time worked in excess eight Apply to any Roundhouse or Shops or Superintendents. Northern Pacific Railway, Jamestown, ’N. D. Wanted: United States Railroad Labor Board as \ Stationary Firemen, various rates. .. . Boilermakers, 70 cents to 7014 cents per hour. Passenger Carmen, 70 cents per hour. Freight Carmen, 63 cents per hour. ... Helpers, all classes, 47 cents per hour. hours per day. learn these ay be employed and given an opportunity to lo so. Harding asking that federal troops be sent to guard the company’s oper- ations, near New Straitsville, Perry county, Ohio. WON’T REOPEN MINES. Indianapolis, Ind., July 21.—There will be no immediate attempt to re- open Indiana coal mines, it was, de- cided today at a meeting of opera- tors with Governor W. T. McCray. Following a meeting with the scale| committee jof the Indiana Bituminous Coal Operators’ association the gov- ernor announced that a meeting of all the operators would be held next week and that meantime the state would take no steps toward produc- ing coal. Pires ae wert ee THE MOVIES | —+ = | AT e CAPITOL; Dustin Farnum, whose latest Fox picture, “Iron to Gold,” is to be the attraction at the Capitol theater to- night, is, recognizéd among his friends as a man whose capacity for wholesome sport of the more virile —in— “TRON TO GOLD” In which a brave man is made an outlaw by the law’s blindness. ALSO HAROLD LLOYD in “TWO GUN GUSSIES” f NOTE THESE PRICES Houses at a Low Price—Easy Payments 1.—3-room house, on the south side; full basement; large barn, windmill; 6 25-ft. lots; all property enclosed with woven fence., A big snap at $1500. Payment, $500. 2,—5-room house; water, lights, sewer, basement; barn; 50-ft. lot. A home you will find is priced very low. Only $1900. Only $500 AKA sort is unlimited. ‘A big man, he is given to playing as well as working a big way. Motor boat speeding and big game hunting—there you have Dustin Farnum at play. Last fall he won Tonight and Saturday Free Gandy for All Children at Saturday Matinee—2:30 FARNUM Boat Club—of which Farnum has been for several yehrs the commo- dore. By reason of his third succes-, sive victory he lias become perma- nent possessor of the trophy. for the third successive year the Nordlinger trophy—most envied of water sport prizes on the Pacific Coast and contested for under the auspices of the Los Angeles Motor TRAIN THE HAND AND EYE. Play Billiards. NEFFS A clean, scientific, pleasing’ game. 114 4th St. ROBERTSON’S HAY FEVER CURE You apply as directed. Very simple and easy to understand. Directions come with each bottle. This includes a cure for asthma and bronchitis which is connected with the hay fever. Price $2.60. WRITE W. B. ROBERTSON Manda Dak. D.T. OWENS & CO. Room 1, Eltinge Block. Money to loan on improved city property. Houses and lots for sale in all parts of city. We can sell you that pene and lot and loan you the money to help you pay or it. WE WILL WRITE YOUR INSURANCE FOR YOU. List your property with us for sale. Farm Lands. Rentals, Before Buying See D. T. OWENS & CO. furnace, full basement; garage. Price only $2000. $500 cash will turn this. gm, HENRY & HENRY Office 4th si mn > panei ASS ee ’ your hand to secure a secretaria ahead of the stage coach. attend this Model Office Trainin NUR road‘ Telegraphers, today addressed| mendation of the president and was ‘ ‘ Ii you are looking forward to becoming a stenographer, here is the opportunity right at ig as far in advance of the ordinary shorthand course as the Twentieth Century Limited is Secretarial Training Is The Open Door To Big Things Wf yeu are now a stenographer, our secre- tarial course will give you just the training that you need to get out of the rut and into a position that will provide scope for your abilities and open the way to executive work 1 course which in business. College in session throughout the year. 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