The Bismarck Tribune Newspaper, December 5, 1922, Page 1

« | j s d BUY CHRISTMAS SEALS ‘STAMP” UT TUBERCULOSIS For Bismarck and _ vicinity: Fair tonight and probably Wed- nesday. * THE BISMARCK TRIBUNE | ESTABLISHED 1873 BISMARCK, NORTH DAKOTA, TUESDAY, DECEMBER 5, 1922 (Leased Wire of Associated Press) LAST EDITION PRICE FIVE CENTS GRAND JURY WORK DELAYED DAY iD. MDONALD RESIDENT HERE SINCE76, DIES Attack of Appendicitis Proves Fatal to Well Known Citi- zen of Bismarck N ILL A SHORT TIME One of Earliest Residents, And Served in Council and On Schoo! Board James D, MeDonald, who saw Bis- marck grow from a frontier hamlet | to a modern city and who aided in| jhe development, passed away at a} local hospital shortly after mid- | night. His death eame as a shock | to many close friends, as Mr. Me. Donald had been in excellent health until\last Monday. On Friday an | operation for appendicitis was pre- formed, the appendix having burst, and it was thought that he was go- ing to rally but failed suddenly ; uring the night. Mr. MeDonald s 69 years of age. Mr, MeDonald came to Bismarck | in 1876 and had been a resident here | ever since, During his long resi- Gence he always had great faith in| the community and contributed | liberally to its upbuilding. He came | from Glengarry county, Ontario, aj county famed in Ralph Connor's stories, and from which county came a number of men and women promi- nent in the developement of this section. For several years Mr. McDonald | was connected with the Northwest Stage Company, which operated the | Los Angeles, NEA Staff Correspondent Los Angeles, Dec. These photos, the one at the left taken years ago, the other recently, jail have had upon Madalynne Oben chain, whose charms once made hi University and who was released to Cay on the charge of murdeding her Sweetheart, J. Belton Kennedy, in 5.—Eighteen MRS, OBENCHAIN RELEASED FROM JAIL AFTER EIGHT MONTHS OF | ARCERATION show how little effect 18 months in the reigning Belle of Northwestern CLEMENCEAU Black Hills stage, and remained | with that company until it: was | moved from here. Later he owned a carriage and blacksmith shop on} Fourth -street where the Hinkley block now stands. Living ‘in the ‘eastern part of the city in the early days he helped to build up that sec- tion, Of later years he lived at 211 BURCH WILL FACEINSANITY months in jail have not marred the striking beauty of Madalynne Oben- chain, one-time belle of Northwest- ern University compus, who was re- leased today. Madalynne, at 29, is still in ap- pearance the Madalynne of her col- lege days. Yet she has gone through an.emoticnal gamut luring the last _ PREPARES TO _ CAPTURECAPITAL | i | i PROCEEDINGS year anda half that should wrinkle | Second street. He also owned farm-| 1) oso. ge many stronger [person ing interests near Nenoken and , ‘he f ; south of Bismarck, and’ -retained | Jail: rate have figured weirdly as the latter at the time of his death. |*, 8auge of her changing mental ‘As a member of-the school board | States: is and city council, those associated | share the commen femini with Mr. MeDonald say, he always {horror of these pests,” she said, was moved by a spirit of faith in| “But I was so stunned during my the city and honesty in the conduct | first trial that rats coming into my of its affairs. He was a devoted |cel! and crawling over my bed and member of St. Mary’s Catholic jhands failed eveh to produce a church, and always had been a liber- saa al supporter of the church. COMFORT IN SOCRATES After having ‘been in ie A Re dor about four years: Mr, MeDonald |, neneret my eaurage falters in made a trip back’ to Ontario and | the long wait for vindication I read married Miss Katherine McCormick, |Socrates’ life in prison,” said Mrs. Two children, Dr. J. A. MeDonald -of | Madalynne Obenchain, “Tam then Ginds Gad Dance meDunaid lagain heatened by the heroic atti- ; tude of this old martyr who drank County Hospital for Observation INDICTMENTS NOLLED (By the Associated Press) Los Angeles, Cal. Dee. 5,—Arthur C, Burch of Evanston, Ill, tried three times for the murder of J. Belton Kennedy, was in the psychopathic ward of the | county *hospital today awaiting an insanity hearing Thurs- Bismarck | living south of the city, were bon to (£¥de of old ma fank ‘day before the Los Angeles county them, Mrs. MeDonald: passed away | she Polson cup with a deathless |Junacy ‘commission. about 1890, Mr. McDonald was mar- | *o2St: He was taken there last night from “Oscar Wilde's prison experienc- | the es, too, have helped sffstain me. “And a few days ago Al Jennings ‘gave me an authographed copy of his book, ‘Through the Shadows with O. Henry.’ Hl “From my cell I salute these men lof the prisoned fraternity for the [€omfort their words have brought | me!” ried again to ‘Mids Katherine Brady, | who with his sons, survive. Mr. Mc- | Donald was one of a family of six: boys and eight girls, and he is the second to pass away. The brothers and sisters living are: Norman, Bis- ; marck; Archie, British Columbia; Angus, Tacoma, Wash; Dan, Al- bera; Duncan, Montreal; Mrs. Ed- ward Shaughnessy, who will be re- ;_Mrs.: Madalynne C. Obenchain, alse jof Evanston, with the murder of her former sweetheart and after the filing of. insanity proceedings against him by his chief counsel, Paul Scheneck. It was said, Mrs, Obenchain would ‘be a guest for a short fime at least, membered as Elsie McDonald, and at the residence of one of the jail Mrs. Micheal McDonald, both of! | matrons, to whose house she ay Montreal; Mrs. Rory McDonald, escorted last night-by her chief coun- Alexandria, Ontario; Mrs. D. J. Mc- Donald of Glenn Robertson, On- | tario; Mrs. Alex McDonald of | Bridgend, Ontario; Mrs. John Mc4/ Donald of Delhausi, Ontario; Mrs. Danese McCrae, State Line Mills, | a, Funeral services will be held at | QF COUNSEL be viewed by friends at the resi- | i ! dence, 211 Second street, until the jSpecial Commerce Counsel funeral. Held Necessary by Rail Commission WHEN TRAIN ity practice will be asked,, the state | railroad commission announcing it would join in the recommendation . jmade by Attorney Genengl Johnson jin his sel, Jud Rush. IRS, PHILLIPS INTHRILLING JAIL ESCAPE | Woman Convicted of Hammer Murder Saws Through To Liberty Appropriation by the legislature to permit employment of commerc?! counsel versed in railroad and util- 1 (By the Associated Press) Los Angeles, Dec. 5.—Clara Phil- lipg climbed out a window in the women’s section of the county jail {and escaped early today. She was | under a sentence of ten years to life : imprisonment after conviction for ual report. Increase of necessary appearances before the In- terstate Commerce Commission and ipublic utility cases in federal court necessitate such uid, according to [members of the commission. H 1 commission also will ask ap-| ing formulation of an appeal, propriation to permit employment of) With’the aid of several steel saws two assistant engineers and a tele-/ her escape was effected at 2 a, m.. stated. |! according to a report to the sheriff phone supervisor, it was the! by the jailer. Belief was -expressed (By the Associated Press) Omaha, Dec. 5.—Twenty-four pas- sengers on Wabash train No. which left Omaha for St. Louis 1; night were more or less serious! hurt and nearly a hundred other: shocked and slightly bruised when } the crack through train of the Wa- bash was derailed through some un-! known cause about six miles north Chairman Milhollan declared In Psychopathic Ward of; the hammer murder of Alberta Mea-| dows. She was held in the jail pend-/ jeommission was two years behind! that she had been aided by other in-| sh ohenandenh, Tes. | with its work, as a result of, ins The train was speeding along at|# 40 miles an hour and had just cross: ed a bridge over a creek when the 0 the state ha tender of the locomotive sprang from | . the track. Three coaches followed the | ¥88 not sufficient money to car tender and in plunging off the track, | ‘in all details, he said. turned over, Nearly 150 yards of jf Minot recently track was torn up. ; accountants t The majority of the passenger were able to continue on their way to St. Louis. i federal court. CHANGE DATES. RECOVER BONDS. Chicago, Dec. 5.—Recovery of $21,- 000 in Argentine bonds stolen in a mail robbery in New York in Octo- ber, 1921, started the police today in a search for a man who. [87% em as collateral for *N. Y. aco ast | 19, | Side bank, , HS. it to be held next year. | changes were: changed to July 9; Sioux cient apropriation iwo years*ago. A case involving telephone rat The city paid out $750 for|'The matron, in making rounds, saw ° ‘the electric rate! the bed in Mrs. Phillips’ cell vacant. s| case of that city which is pending fy) Washington, Dec. 5.—The postoffce department today announced revision in the dates and places of several: state postal conference conventions Among the Bismarck, N. D., May Falls,{ ing was revealed last July. It is be- D., May 22, changed to July 11- «| mates. Bars were sawed through jand after crawling’ out the window, ‘she dropped to the roof of an ad- s been in federal court | joining building, climbed down the for a year and a half because therc| fire escape and disappeared. ti | jail authorities for several The escape was not discovered by hours. The matron then discovered the saw- led and twisted bars and notified the | jailer. |" The former chorus girl, who was found guilty of what prose- cuting officials declared to be one of the most brutal murders they have had to try, effected her liberty with a tragic suddenness equal that with which the hammer slay- | lieved she escaped in an automobile. to} Tiger in Washington to Win Leaders to France’s Cause (By the Associated Press) | Washington, Dee, 5—Georges Cle-! 'menceau was up before dawn today | leager for his first glimpse by day- | Hight of the capital where he ¢xpe:ts jto put in during ‘the next four d: |some stiff blows in \behalf of understanding between France und | ithe Unifed States such as he had| jhoped for in the tri-partite agree- | iment of the Versailles peace con-j ay an | ference. | It was dusk when he arrived late | [the county jail after the dismissing; Yesterday and he obtained only a/ ‘of the indictment charging him and glimpse of the city as he was taken} “by automobile to the Crescent Place home of Henry White, former Am- bassador to France and one of Am- jerica’s peace commissioners at Ver-/ ‘sailles, who is his host during his Washington visit. | First on his program for today was a visit to the White House where it was expected President Harding would receive him at 10 o'clock. Im- mediately thereafter the Tiger plan- ined to call on former President Wil- ‘son, his colleague in the framing of treaty of Versailles. He was then to ‘be the luncheon guest at the home of Mr. White where he expected to meet Secretaries Hughes and Mellon. George Clemenceau paid his re- spects today to President Harding. Arriving at the White House three minutes before 10 o'clock the hour at which the President was to ‘receive him, he was ushered imme- ‘diately into the executive office. | A small crowd which had gathered outside the White House grounds, applauded Clemenceau “as he ar- | rived. Late ‘tomorrow the war time pre- mier will call on former President Wilson, with whom he sat in the council of the big five at Versailles. STARTS 98TH | YEAR WITH3RD SET OF TEETH London, Dee. 5—Harry Gardner turned his ninety-eighth year today possessed of a third set of tecth and rejuvenated eyesight. A year age Mr. Gardner was forced to eat soft| foods and wear glasses, but the only} physical defect from which he now) suffers is poor hearing. Physicians | say that he is beginning to develop| new tissue. } SPANKING WEEK IS ADVOCATED! New York, Dec. 5—An sh- ioned spanking” week, with careful,| prayerful spanking wag, recommend- ed as anaid in raising future citi-! zens in an address by Mrs, Smith] Alford at the eighteenth anniversary meeting of the Big Brothers and Sis- ters, last night. {but in conversations iwth China at | to restrict tonnage. WINTER IN BANDITS GET CONTROL OF LARGE PORTS Chinese Pirates Demand) $100,000 Ransom From , Government i i ' | ' i ‘SHOPS ARE LOOTED Police Sent’ from Pekin to: Quiet Rioting Are Driven : ‘ Away Tien Tsin, China, Dec, 5—Reports received here say that Chinese ban-) dits have taken control of Tsingtao, Shantung, the Kiao Chow port, whos3| stormy career in war and diplomacy | | Was to culminate today in its return| jto China after 24 years of’alien rule, !the first 16 under Germany and the, liast eight under Japan, The popula-| ition is reported fleeing from the city.| Trains from Tsingtao were said to! Chines?! | ibe crowded with refugees. ' police sent’ from Peking to take over ‘the city are reported to have been ; driven out of their barracks. | The bandits, according to the tele- i grams, demands $100,000 ransom for |the delivery of government officials: jand police in their hands. They ais hold out for the apointment of their I chief as governor of the port. Shops and residences are being |looted nightly, the dispatcHes say. |The 20,000 Japanese who remain in | Tsingtao, unorganized for defendin ithe city apparently are impotent in} the face.of the menace. 1 This was the day sct for the actual delivery of the Kianchow territory from Japan to China, under the terms of the Washington armament con-j ference. The region was seized by, Germany jin 1898, as'indemnity for| losses in'the Boxer uprising. At th: | outbreak of the world war, Japan captured it and was awarded it at the’ peace conference at Versailles, i i the Washington conference, agreed) to turn it back this winter. SEE COLLAPSE OF CONFERENCE ATLAUSANNE Turkey and Europe Apparent- ly Have Drifted Apart on Major Issues i RUSSIA TO THE FRON Lausanne, Dec. 5—Turkey and Europe have apparently drifted so | far apart on the great issues of the Near East conference that the pes- simists have a fruitful field for un- happy prognistication of a complete ‘collapse of the pourparlers and the ‘yesumption of war in southeastern | Europe. | Such a culmination of the confer- ence discussions could easily argue | as a strong possibility, but any such | argument based on a reasonable hy- | pothesis would leave out the fact that Europe needs peace and that | Turkey has constantly proclaimed | her need for building up interna. ; ‘ticnal relations in acquiring capital to devepop her immense resources. ; | The frenzied character of yester- day’s proceedings in which Russia | came to the fore as the willing champion of Turkish autonomy, is ‘indicative of the extreme nervous. ‘ness of Europe and the general un Isettled conditions which provoked lfeelings of genuine despair on the ipart of the conference leaders. | So long as no actual break occurs, ithere is hope that time will bring | ‘conciliatory views. That the worst jis anticipated, is shown by the ap- |pearance here of a suggestion that a general war could be launched | against Turkey by the league of ; jnations. Such a resort to force, it | jis suggested, might take on the! jform of, a sort of crusade through ithe issuance of an appeal for the help of all nations so that the war | could end quickly. The Turks are insistirg that the European powers should be the first to-set forth their desires in the Dardanelles problem _ because the straits after all belong to Turkey and the Turk should be master of his own house. The na- tionalist delegates reiterate their conciliatory intentions. Although the entent nations and the United States have not publicly stated their views, Russia’s propos- al for the exelusion of foreign warships from the straits, which seems to correspond to the Turkish position, undoubtedly will not be acceptable. It is almost certain that the powers will insist on the right of free passage. For war craft al- though they may perhaps be willing i { | \ | \ | ‘drops in temperature from 15 to 29 | experiencing sudden downward jumps |The temperature fell steadily yester- y ter. !terday, the icy blast cemented a lay ‘BLAUCHISTHERIUM "SKELETON FOUND BY SCIENTIST Supposed to Have Roamed Desert Two Million Years Ago y es (By the Associated Press.) San Francisco, ‘Dee. 5.—Discovery DEBUT OVER NORTHWEST Havre, Mont., Coldest With Temperature of 16 — Below COLD IN SUNNY SOUTH chistherium, a long extinct mammal | which roamed the Mongolian desert B, Shakleford of the American Mu- seum Natural History, who arrived \from the orient in the steamer Pre- | sident Pierce. | Shakleford, who was in charge of | photography for the third expedition, said the skeleton, of the Most North Dakota Points’ Register from 4 to 8 Below (By the Associated Pressy Chicago, Dec. 5&.—Winter today made its determined onslaughi of to the United States to be set up in the season, spreading a trail of zern th museum for study. The expedi-| temperatures through the northwest tion was in Mongolia five months. and plain states and a decided drop, According to the scientist the in temperature as far south ae Tec,, *Keletons of the Gobi desert on Mon- and Tennessee in the southwest. : Helena, Montana with a tempera-|tologists for a long time. Many ture around 5 degrees’ below zero SPecimens of pre-historic animals was reported the coldest place in| @f@ to be found there, he declared. was reported. Sub-zero temperature! , The Baluchistherium is supposed was recorded ‘throughout Montana, North Dakota and: parts of Minne. lion years ago. It was so large, Pro- sota, with Havre. Montana announce. ,£e880r Shakleford said, that it took ing 16 degrees below; Williston, N.|t¥o men tp lift its funny bone from D. 8 below; Grand Forks 12 below. the-earth. and Fargo eight below. Renae mountain | FOR IRELAND AWAITS KING Only George’s Signature cessary to Ratify Constitution degrees, attended by slight snow flurri While practically all of Montana, Minnesota and North Dakota were in the thermometer, St. Paul, Minn. and immediate vicinity. were enjoy- ing a comparatively mild tempera- ture, Throughout the upper Mississippi valley the breath of winter was man- ifest in a biting wind that sent the mercury toward the zero mark. Wea- ther forecasts . indicated this wave would ‘spread to the lower lakes re- gion and the Atlantic and east gulf states, with the exception of Florida, by tonight’ or Wednesday. ‘ le- | HEALY ACCEPTS POST. NEW LOW POINT. Aberdeen, S. D., Dec. 5.—The mer- cury dropped to a new low point for the season last night, reaching zero. New Governor General Pre- pares to Enter Upon His Duties day afternoon. KING APPROVES. (By the Associated Press.) London, Dec, 5—King George this evening gave royal sanction to the legislation setting up the Irish Free State as a dominion of the British empire. BURIED UNDER GALE. Duiuth, Minn., Dee. 5.—A 40-mile an hour gale from the northwest drove the temperature from 35 de-| grees above atv 3 p. m, yesterday to! four below at 7 a. m. today, the cold-| est Duluth has experienced this win-| When the temperature dropped! 26 degrees in four hours late yes- HEALY APPOINTED. (By the Associated Press) London, Dee. 5.—Official an- nouncement was made this after- non of the apointment of Timo- ed of damp, snow to the sidewalks and pavements and traffic proceeded ' of a second specimen of the Balu-! luges ago, is announced here by J.; Asiatic | ' pre-historic animal was on its way | |golia are the richest find for pale-' to have roamed the desert two mil-i ! Lake Superior to determine the loci i night’s gale, one of the worst of the ‘many which have been making fife | been reported. ,an hour shortly before midnight a ‘er bureau reported, | said. with. difficulty today, CHECK UP SHIPS. Duluth, Minn., Dec. 56.—Vesselmen | today were checking in every port on tion of several ships caught by last | miserable for skippers and owners, alike. .So far no casualties have, Z i Blowing from the northwest, the wind reached a velocity of 40 miles held above the 30-mile mark until 2) a, m,, the local United States weath-| Coal and grain carriers, far behind j schedule due to the heavy late seas) on movement to the docks, are find- + ing it hard to make headway because of the numerous storms, vesselmen, declared. RESIST EFFORT OF SRAUSS TO KEEP OUT OF N. D.., The efforts of Ben Strauss, wanted in Rugby, Pierce county, in connec-; tion with bank robbery and grand, larceny charges, to escape extradition jto North Dakota, will be resisted at St. Paul tomorrow by Attorney Gen-, eral Johnson and State’s Attorney H. B. Nelson of Pierce county. i Strauss, arrested in Iowa, was! taken off the train at Long Prairie. Minn., by a court order after he had said he would return to North Da- kota without extradition papers. be-' ing issued, Attorney General Johnson The matter was appealed t+ Minnesota supreme court, and, the Mr. Nelson, who has been in Minne- thy Healy as first governor gen- eral of the Irish Free State. .. (By the Associated Préss) London, Dec. 6. — Without pomp or ceremony the Irish Free State will come into being after midnight tonight. By a special order in council the full administration of the country already has been handed over to the provisional govern- ment. Therefore when the con stitution comes into existence to- morrow there will be no cere- mony of any kind to mark the fulfillment of the treaty madc be- tween the British and Irish gov- ernments. (By the Associated Press) London, Dee. ‘Autonomous gov- ernment for Ireland today lacked only the formal assent of King | George to the Irish constitution bill. The Anglo-Irish treaty expires té- morrow when the provisional govern- ‘ment will cease to function and the free state government will officially ‘take charge. The first meeting of the Daileireann as the lower house of the Oireachtas, or Irish parlia- ment, has been fixed for 5 o'clock Wednesday afternoon. Meanwhile the dail will sit pri- vately to choose thirty members of the seanad eireann or senate. The choice will be ‘made from about 150 candidates and the selections will pe announced tomorrow. Timothy Healy, who yesterday con- firmed in an interview his accept- ance of the governor generalshin of the Irish free state, returned to Dub- lin on the night boat after consulta- tions at the cdlonial office which are understood to have been satis- factory to both parties. Arrangements for the evacuation of all British troops remaining in sota on the case, will be joined by free state territory are going for- the attorney general. |ward, and it is understood that the age last of the military will have left by HOSPITAL HEADS MEET. | Datember 18, Rochester, Minn., Dec. 5.—The an-) although the appointment of the nual convention of the Minnesota and new governor general of ulster has and North Dakota Catholic Hospital | not been announced, the report that association opened here this morn'|the Duke of Abercorn would be the ing with 50 representatives irci| choice seems likely to prove accur- both states present, and more ex-' ate, pected to arrive on late trains. Pie ae. ee Right Rev. Patrick Hefferon of Wi- JUDGE FISK APPOINTED. nona opened the convention. Other! Judge Charles E. Fisk of Minot hes speakers at the morning session in-! been ‘appointed a member of the cluded Sister M, Olivia of St. Mary’ bar board €6'sitesed H. C. De- ary’s | state Hospital, Duluth. Puy of Grafton, resigned. North of Hudson Bay there are! The years between the ages of 25 40,000 square miles of practically| 2nd 40 seem to pass more quickly unknown territory. than any other period of life. ‘ALLMEMBERS "ANSWER WHEN CALLIS MADE i Judge Coffey Will Instruct | Jurors in Court Tomorrow 4 Afternoon IS CLEARED WAY Criminal Cases Removed From Calendar, Giving States Attorney Time Instruction of the grand jury sum- moned in Burleigh county and begin- ning of its deliberations were post- poned this afternoon until tomorr-w afternoon at 2 p. m. by Judge. J. A. Coffey, after the names of the 18 members of the grand jury had been called and all answered to the:r names, 7 Judge Coffey was unable to begin court until 2 p. m, today, and call of the petit jury and other business took up most of the afternoon, The petit, jury was excused until tomor- row "morning. Some who has been notified to appear for jury service did not apear, and Judge Coffey sa‘d further,inquiry would be made in the morning. Court was delayed somewhat to- day. Judge Coffey was unable to be herve at v:30 this morning to call the calendar, which contains’ 98 civil cases for the December term. He opened court at 2 p. m., and began the calendar call. Forty-four meim- bers of the petit jury, including two , Women, were present, and the 18 | grand jurors. . States Attorney Free States Attorney McCurdy will be \free to give all his time to the grand jury, and will not be tied up in court cases as was expected. The States Attorney muy therefore con- duct the grand jury proceedings without a special assistant. While there were some criminal cases on the calendar, in which pleas have been entered and which do not hava to go to the grand jury, Judge Coffey put them over and tulso civil cases in which the States Attorney was in- ‘terested, on request of the States At- ' torney. { It was a question how far the court would get today, as the calendar call jusually is a lengthy proceeding. ECT VOTE ON PRESIDENT IS PROPOSED | Members of Progressive Bloc | Win First Victory in Congress Washington, Dec. 5.—Members of the new progressive bloc in congress ‘won their first legislative victory to- day by obtaining from senate agri- culture committee a favorable report of a resolution to amend the con- stitution to provide for direct elec- tion of the president and vice-presi- dent. The amendment would also change presidential inauguration from March 4 to the third Monday in January and members of the senate and house would begin their terms of office the first Monday in January after the biennial elections. Congress would meet, in reyular session annually on the first Monday in January. The Ashurst resolution on which the judiciary sub-committee held a hearing, provides that Presidents are to be inaugurated in January after their election and that the new von- gress every two years is to convene the same month, the present final De- cember session of congress to be | abolished. Senator Ashurst appeared to urge adoption of the amendment he pro- posed, as did William Lowell Fut- nam, a Boston attorney, on behalf of “the American Bar Association, which has endorsed the plan. Slow transportation and_ other reasons for the present constitution- al plan no longer exist, Senator 4 hurst and Mr. Putnam said, BOARD TAKES NO ACTION No action was taken by the board tof administration here when it dis- | cussed the matter of quarters at the Agricultural College for the stut grain grading department created by grain grading department create! in the initiated law. “At the present time it would be improper for the board to make any recommendation that would conflict | with the expressed intent of section 13 of the initiated measure, in my opinion,” Chairman R. B. Murphy of the board said.