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

THE WEATHER FAIR ESTABLISHED 1873 STATE L THE BISMARCK TRIBUNE C== BISMARCK, NORTH DAKOTA, THURSDAY, JULY, 27, 1922 O HARDING PARLBYS REVIVE HOPE OF RAIL STRIKE SETTLEMENT: COAL CONFERENCES White House Again Becomes|Favorable Reaction to Gov- Center of Negotiations to End the Rail Tieup ‘MEET, THIS AFTERNOON T. Dewitt Cuyler, Executives’ Association Head, and Jewell Are Called in (By. the Associated Press) President Harding’s confer- ence with railroad executives and + union leaders revived hopes for early settlement of the rail wax: Efforts to negotiate separate peace by the Chicago, Milwaukee and St. Paul roads end without results at Seattle, while parleys between the Baltimore and Ohio and its striking workers are con- tinued at Balitmore. Rail officials ugain asserted. OPERATORS MAY PARLEY President Lewis of Miners, reaction to the government's efforts IN PROSPECT ernment’s Request to Open Mines Seen .Says Chances Are Bright for a Meeting Soon (By the Associated Press) Indianapolis, tnd., July 27.— Governor Warren T. McCray in a statement addressed “to the public” announced this afternoon that “if the strike is not deter- mined within five days from this date, I will take over one or more mines and supply tie people of Indiana with fuel.” \ | Washington, July , 27.—Favorable i that passenger and freight serv- 2 ice was: practically normal and added that increased recruiting was building fp new shop forces. ¢ Union leaders likewise main- tained that the walkout of shop- . men was continued 100 per cent effective, insisting there had been no return to work by the strik- ers. (Ry the Assoctated Press) Washington, July 27.—The White House again today became the center of developments in rail strike and the focus of efforts toward peace, President Harding meeting in confer- ence. first with T. Dewitt Cuyler,! chairman of the association ‘of rail- way executives and then with the! strike leaders headed by B. M. Jewell, who reached Washington early in the day from Chicago. Mr. Jewell and his colleagues went into conference with the president at eleven o'clock shortly after Mr.) orators will not enter into a joint in-| terstate wage conference Cuyler had concluded an hour and! a half’s discussion of the strike sit- uation with Mr. Harding. Mr. Cuyler on leaving the White! +1. ninois Coal Operators Associa- | : tion. House, said he had presented the viewpoint of the railroad manage- ments and that he would remain in Washington “to await the pleasure of the president” but that there had *been no developriént in the situation. Mr. Cuyler indicated that he would) return to the White House for an- other conference after the president had discussed the’ situation with the strike leaders, Pressed for anopinion as to whether seniority rights was; the stole stumbling block in the way of settlement he said he had’ seen no statement from Mr, Jewell on the! point and could not therefore say! by the unions. On leaving the White House after an hour and a half conference, Mr. Jewell and his associates said that they would again meet with Mr. Harding) at 2:30 p. m. They added they did not know whether any oth- ers besides themselves would partici- pate in the afternoon conference, Mr. Jewell acting as spokesman for the group, said the morning confer- erators would meet with miners’ representatives in ‘a four-state con- ference if operators field. would enter, the conference, Governor McCray, of Indiana, said president | of district number 11, United Mine Workers of America. nors today rescinded his call for a state’ miners’ convention at Fevria, August 3. “premature | ing, Mr. Farrington said that state- lined by Mr. Sterling yesterday in a! to stimulate.coal production despite the miners strike was seen today in lfigures assembled by the railroads showing that 13,083 cars of coal were! loaded on Monday at operating mines as compared with 9,860 cars last! Saturday and with a daily average of; 10,914 cars during the six working days previous to Saturday. INDIANA OPERATORS READY (By the Associated Press) Indianapolis, July 27.—Indiana op- of the other, states in the central competitive in a message today to John Hessler, ILINOIS OPERATORS ADVERSE (By the Associated Press) Chicago, Il, July 27.—Ilinois op-! to settle the coal strike, it wag declared today by Dr. F. C. Harnold, seeretary ot NO CONVENTION (By whe Associated Press) St. Louis, ‘July’ 27.—President + Frank Farrington of the Illinois mi- He said this action was taken because of what he termed Newspaper announce- ments of the convention.” i In a statement issued this morn-| ments made to The Associated Press had created a false impression as to! his plans. At the same time President Far-: rington telegraphed Acting Governor Fred Sterling that he declined t6 en-| ter into a plan for a settlement out-| telegram to the miners’ president. whether that was the position taken| by members of his executive board! to bring their action before (By the Associatéd Press) Philadelphia, July 27.—John L.| Lewis, head of the miners union said; SES IN HOMEBUILDERS’ To Mect Jack, FARM MISHAPS | RETURN FILED BY DEFENDANTS ROAD SUIT iIf Construction of Road Is Il- 10 legal Payment of Money for Bridge Illegal Also, Claim SAY CITY’ ACQUIESCED Defendants Also Declare U.S. Roads Chief Declared Pro- ject 136 Best Route Declaration that if the proposed Main street road-to the new Missouri river bridge is illegal the use of any, the wound. of Burleigh county's money in build- ing the bridge ig: illegal, is made in the retutn of defendants in the suit filed in at attempt to enjoin the building of the road, The bridge site also is within the city limits, it is declared. z It is further alleged that the board of city-commissioners ‘of Bismarck in ‘a formal resolution acquiesced in the buildings of-the Main street ‘road, known as federal aid project No: 136, and that the county may spend money on a state highway passing through a city with the city’s consent. Several thousand dollars have been spent by the Northern Pacific rail- road on the underpass construction and plaintiffs are estopped by failure the i work began, it is declared. In this connection defendant attor- neys produced: a letter from Thom- as McDonald, chief of the United States Bureau of Roads, in which he said that several alternative routes to the “bridge were considered and, that the Main street project, No. 136,; was selected solely on its merits, chiefly because of the ease of cross- ing under the Northern Pacific! tracks, SEND TWO MEN 10 HOSPITALS One Loses Foot and Other an Arm When Horses on’ Mower Run Away - j FROM STEELE, WILTON Lawrence Porter Walks Mile to Home with Am Sev- ered to Obtain Help Two men are in local: hospitals today suffering from serious farm accidents. Both were victims of mow- ing machine, one losing a foot and the other an arm, Lyscomb Brown, of Wilton, lost a foot just below the ankle when his! lines became entangled in a mowing| machine, He stepped. down in front of the sickle of his machine to un- fasten the lines’ when his team! | $30,000. started to run. The blade struck his| [feet cutting it partially off. He was! rushed to the Bismarck hospital! j where physicians amputated the stub) of his foot above the ankle. He is re- ported to be in as good condition as could be expected under the circum- stances, Lawrence Porter of Steele lost his) left arm, it being taken off just be-| low the elbow Tuesday night when! his team started to run away with | the mowing machine. Mr. Porter was standing on the tongue of the ma- chine straightening out his lines, when one young work horse on the, left side, became frightened and; ‘started to run. Mr. Porter lost his} footing and fell between his horses and! the sickle cut his arm off as it pass-! ed over his body. After the accident, he walked over a mile to his home, before he found help and could be brought to a local hospital. It is re- ported that his recovery will only be a matter of time in which to heal Edward Mumby of New Salem, a worker in the coal mines of that re- gion received a fractured foot yes- terday, while at work in the mine. He was brought to a local hospital for| treatment. No report could be made of the seriousness of his condition until X-ray pictures were taken. He. is ‘in. the Bismarck hospital «=~» 4 LIQUOR RIOTS ARE DENIED Resident of Kingdale Makes Statement to Minn. Governor St. Paul, Minn., July 27.—Reports of numerous disorders by a bootleg- ging ring at Kingsdale, Minn., which were brought to state and federal of- ficials here this week was emphati- cally denied by Gustaf Ristom, a Kingsdale property owner, in a let- ter to Governor Preus today. The governor declined to make any .Wis., was unable to swim, (Leased Wire of Associated Press) RAR FIRE DESTROYS |FAMILY TRAVELING ACROSS COUNTRY . 3 BUILDINGS IN UNDERWOOD Less of Between $25,000 and $30,000 Caused by an Early Morning Fire CITIZENS TURN OUT Successfully Keep Fire from Spreading Beyond Three Frame Buildings (Special to’ The Tribune.) Underwood, N. D., July 27.—Three buildings were burned in Underwood early today with a loss to buildings and contents estimated at $25,000 to Bujldings occupied by the Casey Land Agency, Evander Phar- macy, Freigang Barber’ shop and dental office of Dr. Stewart were de- stroyed. Fire was discovered about 4 o’clock this morning. Gerald Craig, sleeping in the Friegang barber shop, woke up to find the room filled with smoke and he was nearly suffocated before he made his way out. Citi- zens turned out to fight the. fire. All the buildings were frame. One was two stories in height, occupied on the lower floor by the Edward Friegang barber shop and on the second floor by Dr. Stewart’s office. The other buildings, that of the ‘I. M. Casey Land Company and the Joseph Evander Pharmacy, were frame. Nothing was saved from the bar- ber shop or dental office and but lit- tle saved from the two other build- ings. The cause of the fire is uncertain. The theory is advanced that it start- ed from a hot water heater in the barber shop. The heat was so intense that glass in stores across the street was cracked, and it-was with difficulty that the fire was confined. Most of. the loss it is understood is covered by insurance. DROWNED IN DEEP HOLE IN MISSISSIPPI *Winong, Minn., July, 27.—Emil Meier, 21, an office employe at a locai factory was. drowned last evening when he stepped into a deep hole while bathing in the Mississippi riv- er a short distance above the inter- state bridge here. Meier, whose. home is at Arcadia He was bathing while two companions, Clar enve Schneider, his cousin, and Jdhn Reszka, both aged 14, seined min- nows' from a rowboat. Almost a score of spectators on the bridge saw him go down but were powerless to save him. Efforts t recover the body has been unsuccess- ful. ACCUSED MEN PLEAD GUILTY Father bought the house, mother pays the repair bills, sister fur- nishes the food, and brother sup-' plies the gasoline, This is the’ agreement entered into by Mr. and Mrs. W. P. Young, their daughter, 'Mi8s Margery, and son, Robert, of Mansfield, Ohio, who stopped over for a short time in Bismarck yes- terday as they motored through in their portable house en route to Boulder, Colo., by way of the Yel- lowstone National park. During the six weeks which the Youngs have spent in coming to’ Bismarck, mother has had to spend $15 for various slight repairs and the loss of the headlights on the car. Otherwise they have had no trouble of any sort. When, the one-tone Ford truck, bearing its portable house, rolled into the city yesterday noon, Mrs. Young, seated on the “davenport” in the rear, was giving her atten- tion to the family sewing. Brother was interested in the beauty of the scenery) about Bismarck, the fine paved streets, and the big build- ings. Sister sat beside daddy to help him make the correct selec- tion of roads. Al Comforts of Home “We are touring with all the comforts of home,” said Mrs. Young, pulling one of the shades down a little bit over the east window to prevent the hot sun from beatin, Se DIRIGIBLE MAKES LONG FLIGHT (By the Associated Press) Belleville, Ill, July 27.—The long- est flight ever attempted by the army lighter-than-air service was! completed today when the dirigible! balloon A-4 arrived at Scottfield near here: The blimp arrived from Lang- ley Field, Virginia, a distance of ap-| proximately 1,100 miles in 40 hours, and 40 minutes of actual flying time. Two stops were made. The balloon will be stationed here permanently, it was said, | DISTILLERS ATTACK HAYNES Resolutions Adopted Appeal- ing to President Louisville, Ky., July/ 27—A meet- ing of distillers of the country held here yesterday for the purpose of selecting a committee to work with the treasury department in relation to the concentration of medical whis key and grain alcohol eclipsed itsels into an attack upon the prohibition enforcement department of the gov- ernment and proved itself’ unani-! mously satisfactory to distillers, at- torneys and others who attended the. meetiing, they declared on their de- | parture from this city today. DIVIDES EXPENSE OF MOTOR TOUR | Father Bought the “House,” Mother Pays Repair Bills, Sister Furnishes Food and Brother Supplies Gasoline for Trip from Mansfield, Ohio, to Boulder, Colorado.—All Com- forts of Home, Say: Tourists into her parlor-bedroom-kitchen too vigorously as she waited before the postoffice for Mr. Young to call for the mail. Had it been evening, she might have drawn the blind and flipped on the electric light which was so nicely constructed on the ceiling of the living room, and enjoyed entire privacy. More likely, how- ever, she would have pushed in the screens in order to allow the ent- rance of the cool air: and the ex- clusion of mosquitoes or other in- truders while the family enjoyed the music produced by the portable Victrola, or dined in style in the salle a mange (dining room) on the collapsible dining room table. “We generally prefer to eat in the open rather than in the dining hall, unless it’s wet,” declared Miss Margery. “We have always had the chance of eating in the house and this is the first time we have ever had ‘the pleasure of din- ing a la mode under the blue skies, except when we had picnics, of course,” stated the young lady. “How do we sleep,” laughed Mrs. Young. She arose from her seat, slipped some leather straps, and the “dav-} enport” spread out, forming a reg- ular double bed, “And the front seat does the same thing,” declared the mistress (Continued on Page 2) ACK HINTGEN IS DEFEATED IN GOLF PLAY Last Year’s Champion, Repre- senting Bismarck Club, Falls at Fargo Fargo, N. D., July 27.—R. ‘. Barn- ard of the Fargo Country club elim-; inated Jack Hintgen, state champion, in the second round of the State Amateur Golf ‘tournament at the Fargo Country club links yesterday and advanced to the semi-finals. Three other Fargo men, Dr. Pote, Father Ramsbottom and Charles Bristol, the semi-finals through yesterday’s play. Five professional golfers will play here today also for a cash purse of $100. John Reuter, Jr., of Dick- inson; O. P. Chapin of Grand Forks; Lincoln Howatt of Valley City; Walter Seday of Jamestown and Dave Valentine of Fargo will play. The purse has been divided reached‘ to give $50 to the winner, $30 to; second and $20 to third place. Four Fargo men were fighting it’ out on even terms for the state golf championship today while this after- PRICE FIVE CENTS CASE ESTIMATES ARE BINDING, JUDGE PUGH DECIDES Ruling in Cases of George E. Wallace and C. N. Fossum, Judge Finds for Them CASE TO BE APPEALED If Judge Pugh’s Decision Is Sustained State Will Lose About $250,000 The theory of contract advanced by persons for whom houses were built by the Home Building Associa- tion of North Dakota—that the ver- bal agreement as to the cost of the houses is binding—is hetd to be cor- rect by District Judge Thomas Pugh of Dickinson in the cases against George S. Wallace, former state tax commissioner, and C. N. Fossum, for whom houses were built in Bismarck. The case will be appealed to the | supreme court by the state associa- tion, If Judge Pugh’s ‘decision is up- held it means that the persons for whom houses were built will get them at the estimates given by the association which according to the {audit report of the Bishop, Brissman [and company, was 61 per cent less than actual cost as nearly as actual cost can be figured. The net loss to be sustained by the state through the Home Building association would be in the neighbor- hood of $250,000 to $275,000 on 54 houses constructed. In the case of Mr. Wallace Judge Pugh holds the house should cost Wallace $6,110.75. The cost of the house as given by the association was $11,720.45, Questions of Fact. No questions of law are decided in the case it is indicated in Judge Pugh’s memorandum to lawyers, tl.e matter of the right of the parties to contract for the building of a house in excess of the cost of $5,000 as provided in the law not being raised! as the state had contended there was no contract, A great part of the cost of the houses as fixed by the association came through the distribution of $149,000 expended for, materials which could not be traced to pariicu- lar jobs by duditors, the amount be- ing distributed proportionately to all the houses, “Practically the only question to be decided is one of act as to the terms of the contract,” said Judge ; Pugh, “There is no question raised that the state would be entitled to recover the reasonable value ef tke construction either in the pleadings | or in the evidence . No evidence was joffered in'the trial concerning thy |reasonable value of the structure. The evidence shows that the state i had charged against the Wallace pro- | ject the sum of $11,720.45, which in- | eludes $900 for the ground, insur- ance, the abstract and two per cent for expenses of administration, the remainder being for material, labor, wiring, plumbing and heating, and ‘amounting to approximately $10,000. Various methods of computing a por- noon the 18 hole contest between five North Dakota professionals and the driving, putting and approach con- Millwork Cost Excessive. tests were under way. “There i i - Tn the women’s championship semi-' ative ‘to excessive ‘prices, paid. for finals this afternoon the following! stock, materials and millwork. The will play: | state, having entered into ‘the’ busi- Mrs. Sherman, Grand Forks vs.|ness of house building for the bene- Mrs. C. E, Bristol, Fargo. ifit of its citizens, owed the duty to Mrs. Earl Briggs, Fargo, vs. Mrs. its citizens of purchasing the mate- C. E. Nugent, Fargo. rials at the best prices obtainable Jay Stevens, Devils Lake and Dr.|from the standpoint of the citizens Kent: Darroy, Fargo, fet an Ee having the houses, erected and the Cox, Bismavek and T, Be Hull, Faggo,| {txPaver.. The testimony offered to the finals of the championship con-| S¥stain the state's theory of the case is shrouded in much uncertainty. Resolutions appealing to the pres- ident, secretary of the treasury and commissioner of internal revenue to see that Prohibition Commissioner} Haynes properly conducts his office | in conformity with the legal regula- tions were passed and copies were| sent 'to each of those named. In the event the resolution is ignored or not acted upon federal injunctions will be sought by the distillers throughout the country to prevent the prohibition enforcement officials, from exceeding their authority, ;At- torney Levi Cooke of Washington, counsel for the distillers declared. Sigard |simpson and William Ra- ther, who were arrested in Bismarck and pleaded guilty here to have stol- en a check and other papers from W. R. Lee, traveling salesman, while the latter was dazed following an auto- mobile accident near Dickinson, pleaded guilty to petit larceny in Dickinson. They were arraigned in justice court there and sentenced to 30 days in the Stark county jail, giv- ence was confined to a general dis- cussion of the strike situation. The labor leaders endeavored to give the president their views as to the con- troversy, Mr. Jewell said, declining to: be drawn out by questions as to de- tails of the conference discussion, here this afternoon that he had! Both a demurrer’ and return to) statement saying that he did not de- “every reason to believe that an in-| the order to show cause was filed by! sire to become involved in the local] terstate joint conference of the cen-) defendants attorneys, wha are Attar- |dispute which appears to be the basis| tral competitive fields will be ar-j nes eee s tant ae oaneony al of the alleged trouble at Kingsdal ranged within a few days.” | Altted ‘Zager, rdepedbenting Burleigh “Ristom declared that published ! county and Benton Baker, member pres pert eingsdale are. nearly, | of and representing the state high- “There a nowntlior of: moonehinets in Kingsdale,” the letter said. “The way commission. “t Hold Jurisdiction Lack people in the village and nearby set-| Th demurrer of the defendants de-!tlers are law-abidin, eople and ae |there has been no veigh of terror|e” fines of $100 each and assessed elares: such as has been described. There] °*St# That there is a defeét of parties was an explosion of dynamite out- |HELD GUILTY plaintiff in that the city of Bismarck is not named as a plaintiff. side the hotel but the damage done} tion of this amount were submitted. U. S. MACHINERY 1g REAPY Washington, July. 27*-With * the federal machinery for emergency| control of coal distribution complet- ed by President Harding’s appoint-! ment of a central committee of de- partment heads, the government to- day looked to the state for co-oper- ation to put the scheme into opera- PEACE HOPE REVIVED (By the Associated Press) Chicago, July 27.—Just as the rail- way strike seemed to have settled to a long drawn out and determined bat- tle, hopes for peace, which have wax- ed and waned as succeeding indica- tions pointed to continued strife or solation flight. a settlement were revived by the gathering in Washington of strike leaders and railway executives. Although no official announcement was made it was believed that pres- ence in Washington of B. M. Jewell, head of the striking shopmen and his that they had gone there from Chi- cago for a conference with President Harding, W. W. Atterbury, vice pres- ident of the Pennsylvania lines, and DeWitt Cuyler, chairman of the as- sociation of railway executives, were in. the capital today and other rail) terstate Commerce Commissioncr ‘chiefs, including L. F, Loree, presi-) aitchison another member of the| dent of the Deleware and Hudson,| committee. i were expected to arrive during the day. Restoration of seniority rights to men on strike remained the chief obstacle to peace. The stand of the railway heads on this question was stated by H. E. Byram, president of the Chicago, Milwaukee and St. Paul as being that the railroads were not now at work. Men to Be Protected. In view of President Harding’s statement that the rights of men at work and the rights of strikers must alike be protected, made yesterday in a message to the chairman of the railway employes publicity associa- tion, it was believed eat any agree- ment must include respect for the rights of men now working as well| harvest workers are waiting at Aber- deen, S. D., to be directed to North In his statement President Hard-| Dakota harvest in the Twin Cties. ing again pointed to the railroad la-| according to reports today to Mrs. bor board as the agency through|M. B. Bowe, in charge of the United which the differences of strikers ana] States employment office here. threshers ‘are being sent out from tne He indicated he would ask the board| local office and the one at Oakes, she as the rights of strikers, railroads would be finaly adjusted. to grant the shopmen a rehearing al- though he said “the decisions of the yailroad labor board are in compli-| the western half of the state first, (Continued on Page 2) tion. chairman of the governmental com- mittee yesterday, Secretary Hoover| at the request of the president asked state governors to set up the neces- re i sary organization in each state for} executive council could mean only) insuring equitable distribution and! the maintenance of fair prices. for} coal for local needs under the ad-| ministration’s plan. { of the several transportation regu latory bodies was requested by In- Dakota today wrote Governor Preus| that he believes the fields of lignite! coal of North Dakota offer the solu-; tion of the coal problem for the two states. i tensive fields of lignite coal, easily seeking to destroy seniority rights! mined and quickly transportated to of men on strike but to make their| the people of North Dakota and Min-| seniority subordinate to that of men| nesota offers, I believe, the best solu-| tion of this problem,” Governor Nes- tos said. 500 WORKERS» she added. Immediately after being named! At the same time the co-operation Governor R. A. Nestos of North’ “North Dakota with its very ex-{ WAITING TO COME TO N. D. Fargo, N. D., July 27.—About 500 Rye said. Indications are that wheat harvesting will become general in That the United States is not made a defendant. ‘ i | That the court has no jurisdiction} of the subject because the object of | the action is to obstruct, interfere | with and prevent the construction of ; a rural post road and highway pursu-! ant to the provisions of the North Dakota laws and act of Congress. That the plaintiffs do not have le-; gal capacity to sue, and the complaint | does not state a cause of action. The return sets up the following; averments: ¢has been, greatly exaggerated.” The jurisdiction of the city of Bis- | marck over the streets, alleys and public places within the limits of; such city is not exclusive to the ex-| tent of precluding the establishment) and construction of highways forming | a part of the state and national sys-| tems with the acquiescence of the board of city commissioners of Bi: marck, nor is there any law forbi: ding or preventing a county from ex- pending money oh a county highway or road running through a city. U.S. Pays: Half Cost The cost of the construction of the Northern Pacific underpass is, under act of congress, borne equally by the U. S. Government and the railroad company, the cost of preliminary en; gineering expenses alone being borne by the county of Burleigh. That the highway is an integral part of a state and national highway and approach to the Missouri river bridge; that the route of the high- way was selected after consideration of several alternative routes by the Bureau of Public Roads of the U. S. Department of Agriculture. That the bridge across the Missouri river was constructed without objec- tion or interference on the part of the plaintiffs, who are men living near Driscoll, notwithstanding the fact that the site thereof insofar as the same is within the limits of the county of Burleigh is exclusively (Continued on Page 2) The men, however, assert that they were hired by the railroad company as guards and that “stool pigeons” on the train overhéard a remark which led them to believe that the men did not intend to go to work when they arrived at their destina-| tion. A preliminary hearing is scheduled to be held some time today. The governor’s informant said that the explosion was on the sidewalk in front of the hotel and: that only a few ‘windows were shattered and that no one was injured. There is no need for any outside assistance at Kingsdale he said. Reports of night shooting raids in the town by moonshiners he declares OF CONTEMPT (By_the Associated Press) New York, Juy 27.—‘“John the barber” Reisler, whose wife Minnie, told police she killed her sister, Bertha Katz, because the latter had stolen Reisler’s love, was adjudged guilty of contempt of court today for failure to pay Mrs. Reisler alimony. The Katz girl was slain in her home early yesterday and Mrs. Reisler, her two sons, Morris and George, and her brother Max. are being held on a homicide charge. While the court was taking a judgment by default and finding Reisler guilty of contempt of court, “John the barber” was at the home of the dead girl, visiting her moth- er. to be entirely false. HUGE LIQUOR COMBINES CAUSE OF U. S. EMBARGO, SAYS N. Y--NEWSPAPER New York, July 27.—Thé embargo recently paced on liquor importations by the government was attributed by the New York Tribune today to a successful plot by a huge bootleg combine by which “liquor warehouses which had“bulged with imported wines and whiskies now bulge with barrels of water.” “Lack of convicting evidence alone,” says the newspaper, “pre- vents the government from oflicially revealing one of the biggest liquor seandals since prohibition.” From August to the end of Decem- ber last year $5,500,000 worth of li- quors were imported and stored in government warehouses, mostly along the Atlantic seaboard and’ during the twelve months of 1921 liquor impor- tations, the story says, more than] doubled /those of 1920, Since per- mits to withdraw the liquors were necessary no alarm was felt over the incoming tide of whiskey and wine but the bootleggers are alleged to have waived the use of permits and developed the practice of watering their visible stock. Under the law if anybody wants to import liquor, store it in a ware- house, then change his mind and ex- port the stuff back whence it came, nobody has violated any section of the ‘statutes intended to make the country alcoholically arid, and if the changing of wine or whiskey into water is carried out then the weaker fluid is what goes back to wet coun- tries, while the stronger goes down the throats of Americans, the story says, The resolution of the distillers said “the exercise of arbitrary discretion has led in the past few months’ to} scandalous exhibitions of corruption by public officers employed under the federal prohibition commissioner and the distillers are convinced that pro- hibition may be accomplished only by the scrupulous adherence to the provisions of constitution and statute law.” WARNS CHICAGO OF CAR STRIKE (By the Associaced Press) Chicago, July 27.—Warning to Chi- cago to prepare for a street car strike next Tuesday morning was issaed by William Quinlan, president of the surface lines employes union. VETERAN BALL PLAYER DIES Elkhart, Ind., July 27—George Cup -py, 54, contemporary of Cy Young and Lou Criger, of major league base- ball fame a decade or more ago MINOT SHERIFF IS RESTRAINED (By the Associated Press) Minot, N. D., July 27.—Ward coun- ty officials were today restrained by an order issued Judge John C, Lowe from appointment of Deputy sheriffs to protect railway property during the strike. The injunction was is- sued upon application of A. I. Mc- Lane of Mott, who charges the pre- caution unnecessary. Hearing will be held tomorrow on plea of appli- cant to make the order permanent. SOO ANNOUNCES TRAIN CHANGES Due to desire to conserve fuel the Soo line will, ecective Monday, July 31, make the following changes in trai 31, thake the following changes in train time between Bismarck and Wishek, it was announced today by the railroad officials: South Soo leaves Bismarck at 9 a, m,, instead of 11:15 a, m. Arrive died today at his farm home near|in Bismarck at 6:15 p. m., instead of here from Bright’s disease, He play- ed with the Cleveland Americans, Boston Nationals and Boston Amer- icans. 25 LABORERS ARE BEATEN Jackson, Tenn., July 27—Twenty- five section laborers, bound for Chi- cago were taken from a train last night at Malesus, six miles south of Jackson, it was learned today and a number beaten by men said to be strike sympathizers, 4:50 p.m. GOPHER POISON / SUICIDE METHOD Loraine, N. D., July 27—Coroners jury finds that J. J. Powers, North Dakota pioneer, committed suicide by. eating gopher poison. Funeral will be held Saturday here or at Mohall. NAMED TO JOB. Henry Beal of Valley City has been appointed a trustee of the Sol- dier's Home at Lisbon. “On the other hand, referring to the defendant’s claim, the only writ- ing is the application which recites that the home in question was to cost about fifty-three hundred dollars, The defendant himself testifies that he placed a limit of six thousand dollars, and that when he went to the office of the Home Building as- sociation to ascertain what would be the price of the structure he desired, he was by Mr. Blakemore, manager of the Home Building association, referred to a Mr. Baker, who was superintendent of construction. Mr. Baker informed him that the addi- tions of the sun porch and the gar- age would amount to $550, and that other changes in materials to be used in the building of the house and other small changes made with ref- erence to building of the house and other small changes made with refer- ence to the plans would amount to $520. Witness Chernick testified that Baker informed him that the Wallace job was to cost $4,500, plus $550 for extras, Sustains Defendant’s Theory. The testimony for the defendant in connection with this matter, and going to sustain his theory of the matter is clearer cut than is the tes- timony of the state, and the court has no hesitation in finding that the defendant’s theory of the contract is the correct one, and that court finds that the basic charge for the standard plans used in the erection of this | house was the sum of $4,750, inelud- ing ground to cost not to exceed $500; that the cost of the additions to the, house in size and sun parlor and garage was to be the sum of $550, and that the other changes in materials and additional works was to cost $520. The lot'in this case [cost $900, and to the foregoing sums i (Continued on Page 2)