The Bismarck Tribune Newspaper, May 12, 1923, Page 1

VOTE IN CITY BOND ELECTION#MONDAY-IT’S YOUR DUTY "WEATHER FORECASTS | EATHER FORECASTS Partly cloudy tonight and Sun- day; warmer tonight. ESTABLISHED 1878 THE BISMARCK TRIBUNE | ASK COURT REVIEW OF BANK CASES fs VOTERSOF CITY WILLGOTO | POLLS MONDAY TO DECIDE ON - WATER WORKS BOND ISSUE Bond Issue Must Carry If City Commission Is To Go Ahead, Mayor Says. APPEAL FOR BIG VOTE Citizens Committee to Urge Votes Be Cast Regardless of Preference. Bond Elec Question—Shaii city issue 5,000 water works bonds? me—Monday, May 14; polls open 8 a. m, to 9 p. m. Voting places same as in recent city election, Who May Vote Every quali- fied voter of the city of Bis- marck may vote on the ques- tion. Citizens of Bismarck will say Mon- day whether or not the city com- ission shall be empowered to sell 100 of bonds to be used in the se or the present water works pur or in the building of a water works. ; The election, called by the com- mission, will give opportunity for qualified voter to express his} sentiments, on the question. There will be a voluntary citizens committee headed by J. P. Sell, urg- ing voters to go to the polls Mon- day, regardless of whether they are| for or against the issue. So far as! known, there is no organized | moveme™t to defeat the bond issue. | Mayor Lenhart, speaking for the nmission, declared the elec-! s the most important question | ling with the water works issue, k in the last several} the bonds are voted, he! says, the city commission can move! to settle the issue finally; if the! bonds are not voted, the ae hands are tied. The view of the commissioners is| that the citizens will say Monday | whether they want a city-owned] plant, or whether they want the| Bismarck Water Supply Company to} continue furnishing water to the! city as at present. ' Question on Ballot | Thee question whieh will appear on | the ballots reads is ons years, If “Shall the City of Bi is-! sue bonds in the sum of $22 in the denomination of $1, 00 exch | payable one-twentieth each year for twenty years with interest there- \pn at the rate of five percent. per |; ‘annum, semi-annually, such interest | ments to be evidenced by inter-| est coupons attached to such bond: for the purpose of gonstructing or Sarena (his ceiee sana Tae rath ing a supply of water to the inhabi- tants of such city?” } The city commission’s plan, Mayor Lenhart said, is this: . If the bonds| are carried the commissiqn will pro-| ceed to receive bids on May 28 on two propositions—additions to pre ent water works in city, or building new water works. If the people and the commission believe after this that the city ought to acquire the present plant, an offer can be made j, the company. If a reasonable offer+ nnot be obtained, the city can go| ad and buildga new water works. | But if the majority of the citizens | ote “no” on the bond issue, the | sity commission then is at~a stand-! still in its plans. “The bond election has got to go} over if the people want this water’, question settled,” said. He appealed for a full aie and said a heavy majority for the! bond issue would materially aid the | commission, . The bids to be taken on May 28} will be the most conclusive answer! us to the value of the Bismarck | Water Supply Company’s plant, he’ said, better than arbitration., Many Bidders Expected Commissioners say that many ap- lications for plans and specifica- tions indicate many bidders) and re- ports from two other cities build- ing municipal water works this pene, indicate that bids on this s of construction work are low- “Ver than on many other classes. nance Commissioner Larson said the commissioners are advertis- ing for the: bujlding of a water works on a cash basis, and the city has got to have authority to sell Bonds. The only way to finance the building of a water works out- W side a, bond issue is entirely By im-}\ provement warrants, and this is not regarded fair or desirable, he said. Every citizen is urged to vote Monday, ‘ HARVEY WON’T QUIT PLACE New York, May 11.—George Har- vey, American ambassador to Great Britain, declared on his arrival on steamship George' Washington, had knew nothing about’ re- ports he was to resign -n order ‘to direct a campaign for the re-elec- tion of President Harding. ' | working capital for the state mill and | o—__-—______—_+ | Where To Vote oly | The precincts, the places where voters will cast their ballots Monday, and the boundary lines of the pre- cinets are as follows: Ward ome, precinct one—Voting place, Wm. Moore school; precinct boundaries, center Fifth street to center of Second and north of the section line running between Avenue A and Rosser. Ward one, precinct two—(Little’s garage)—Precinct boundarics, west | of center of Second street, north of township line, Ward two, precinct two-—(Will sthool)—Between center of Fifth and center of Second, and south of township line and northof center of Broadway. i Ward two, precinct two—(F. E. \ Hedden’s garage)—West of Second | and south of the township line; | north of Broadway. \ Third ward, precinct one — (High | school)—East of Fifth and west of Eighth, and north of the township | line, Third ward, precinct two—(Rich- | holt school)—East of Eighth street | and north of the township line. H Fourth ward—(Wachter school)— | East of Fifth street and south of Broadway. Fifth ward—(109 Third street, | Baker building)—West of Fifth and south of Broadway. Sixth ward, precinct one — (Fire hall)—East of Fifth and west of Ninth street, and south of township | line, and north of Broadway. Sixth ward, precinct two—(St. Mary’s school)——Kast of Ninth street | and south of township line, north of , Broadway. | BISMARCK IS VICTOR FOR CONVENTION Spirited Campaign by Dele-. gates Results in Success | at Jamestown Bismarck was awarded the 1924 convention of the Business and Pro- ‘fessional Women’s clubs of North Dakota, at Jamestown today, accord- ing to word received here this af- ternoon. Minot was the chief con- tender. The Bismarck delegates mgde a spirited showing, and were backed by ; the Association of Commerce. Speci- | ally printed copies of the Tribune, | bearing the city's invitation in flam- | ing red, were distributed among tae | delegates, and much other work done by the publicity committee composed | I Evelyn Harris, Miss Madge | Runey and Mrs. G. D. Mann, The convention will bring a large © number of business women from vari- | ous parts of North Dakota here next year. yOATTIO | BONDSALES HERE MAY 24: Operating Bonds First bonds to provide funds fal elevator at Grand Forks, authorized by the 1923 legislature, will be sold on May 24, the Industrial Commis- sion today decided. From $500,000 to ! $1,000,000 of the bonds wil] be offered for sale. They will bear 5 per cent interest. Under the law of the legis- lature the bonds are to be used for; the purchase of grain) and to be se- cured by the grain ind flour manu- factured, or proceeds,of flour sold. The Industrial Commission also i will offer $2,500,000 of farm loan ! bonds on the same date, they also to i bear 5 per cent interest. : || N. D. WAGE LAW TEST BY. ; STATE BODY RECOMMENDED Grand Forks, D. May 11—Rec- ‘ommendatiofis, that the Associated Industries of Ni ‘Dakota consid- er the advisabilit@of taking action to test the state minimum wage law for women workers were made by R. E, Wenzel, secretary, in his re- Port presented at the annual meet- ing of the association here today. In making this suggestion he called attention to the recent ruling of the supreme court on the minimum wage law in the District of Columbia. , Formation of a statewide indust- rial council to deal with matters. of general: interest was also urged. Ac- tibn on these recommendations prob- ably will be taken by the association this afternoon, = 'in the investigation of the mysteri | us disappearance of Leighton Mount, FINAL EDITION | BISMARCK, NORTH DAKOTA, SATURDAY, MAY 12, , 1923 PRICE FIVE CENTS MANDAN YOUTH IS MENTIONED IN MOUNT CASE Included Among 41 Students Whom States Attorney Seeks to Question NEW SLANT IN PROBE States Attorney Will Check Up On Testimony of J. Allen Mills NEVER SAW MOUNT Jamestown, N. D., May 12— William Gussner, Mandan, stu- dent at Jamestown college, said he was only at Northwestern University two weeks, did not take part in the class rush be- cause of illness and that he never saw Leighton Mount. Chicago, May 12.—Included in the name of the students who wil] be asked to tell what they know of the Mount affair is that of William Gussner, whose ad- dress is given at Mandan, An effort to identify positi the skeleton found under Evanston pier a weck ago Mon- day, as that of Mount, was being made tonight by members of a party of doctors and coroners as- sistants, Gussner, former Northwestern uni- versity student, who is mentioned in connection with the Leighton Mounts | skeleton case ix attending school at Jamestown. He was at Northwestern, | but taken ill with rheumatism. Came back during school “yea¥s 1921, and idid not return. He was a high school basketball star. Chicago, May 12.—Two new angles ! Northwestern university student, who vanished 20 months ago, developed | last night, causing Robert E. Crowe, state’s attorney, to dtder a round-up of 41 students who left the univer- sity within four months after Mount | disappeared and to request New York | authorities to conduct an inquiry for ‘the basis of a check-up on the basis | of testimony given by J. Allen Mills, a former student. The gathering of former students was ordered under the theory that some of the 41 might be able to give clues that would Solve the mystery that since a skeleton seemingly iden- tified as that of Mount was found un- der an Evanston pier ntarly two weeks ago, has puzzled authorities. Another purpose of the order was to check a statement made by Mrs. J. L. Mount, the boy's mother, that Presi- dent Scott of the university told her 16 students were expelled after the | class rush in which authorities be- lieve Mount was injured fatally by accident. Prggident Scott, before the grand jury, denied that any students were dismissed as a result of the affair. A transcript of statements made by Mills, admitted leader of the freshmen during the class rush when } he'was questioned by authorities in Akron, Ohio, ‘his present home, prompted Crowe to ask District At- torney Banton of New York to que tion Miss Katherine Hotchkiss, Mills’ | friend. Growe said the statement made by Mills at Akron varies with his grand jury testimony here, reference to letters written to him i Miss Hotchkiss in New York who referred to his “terrfStz experience Mayor Lenhart! je Byer memes’ State to Sell Mill and Elevator} that night” and to his evidently ex- | pressed wish to get even “with two j oF three boys who led me i who led me into it.” FOOTBALL STAR STOPS RIOT F Ann Arbor, Mich., May 11—Henry Kipke, University 0. Michigan grid- ‘iron star, averted a threatened riot between university freshmen nd sophomores last night, when learning a group of 500 freshmen had con- gregated to attack 150 sophomores on | the eve of the annual spring games, | he climbed top of the Michigan union and addressed the belligerent crowd. ‘FORT TOTTEN INDIANS WILL FIGHT BOOZE The ,white man’s “fire water’ is to be fought among the Sioux Indians on the Fort Tet- ten reservation. Articles of incorporation were filed with the Secretary of State for the Devils Lake Sioux Tem- perance Society of Fort Totten, N. D., an non-profit organiza- tion devoted to furthering the cause of temperance among the Indians. Incorpor ators: are Michael Meade, Henry Wakak- sah, Oyehdeska and Charles Pet- ers, all of Fort Totten, . and contains | TEXAS OIL PUTS | DISTRIBUTION PLANT IN CITY The Texas Oil Company is enter Jing the western North Dakota dis- tribution territory with headquarters in Bismarck. | ‘The company of buildings and tanks in the jern part of the city along the has started erection ‘youd tracks. A modern fire-proot | building is being built. The work is being done by the y company’s own men, with L. L, Stod- | dard, engineer, in charge. Material \for the work was purchased in Bis- marek. An investment of — several WILL SUBIIT jyhousnnal dollars is represented. | Representatives Say All papers | Will Be Laid Before The | Blue Sky Body ‘APPEAR BEFORE BODY | Explain Plan to Reopen Equity! | Packing Plant to Blue Sky | Commission | as | All papers involved in the propos- i | operative Packing Company of Far- go through creation of a new com- pany , holders of former company will be id before thd state Blue Sky Gom- { mission, it was said hy R. J. Mur- phy, secretary of the commis: | following appearance of H, A. Emer- son of New York, heading the new company; . Reichert Equity re ceiver | torney. ! The plans of the new company! were laid before the Blue Sky com- mission late yesterday, no request being made by the representatives or by the commission Attorney-General George Shafer, of the commission, said that two | questions were considered: first ‘whether reorganization plan would come under the Blue Sky law and if so, what showing should be made. What action the commission may take, if any, will depend upon showing made before it subs eee ly, he said. Informally the packing company men were told, he said, that if the company were not to en- gage in a stock selling plan in North Dakota it would not come under the law, or if it were confined te ing preferred and common outside the state and exchan stock in the new company to stock- holders of the Equity for their stock jit would not come under the | the state it would. | Mr, Cupler, asked ports of a hitch in the plan to re- Fargo lopen the packing plant at said for Mr. Emerson: “Unless; the d ed in harmonious n all stockholders are {Emerson is willing to take his ex- pense money and go home. He is! making an effort u enen tho pant ‘and expects to nak: 2 legitimate profit but he isn’t disposed to go hrough with it unless he ed all stockholders are satisfied. myone else in Norta Dako | Suggest a plan for reope plant, he ought to come forward with lit or remain silent.” Mr. Cupler said no stock scliing campaign would be made in Dakota, but ‘present stockholders | would be given privilege of tiking more stock than they obtain in the exchange arrangerier.t. Under the proposal for financing $1,000,000 7 percent preferred stock which Mr. Emerson says he are of Class A common from which stackhelders of tne Equity Ceoner- tive Packing » company $750,000 of stock, Class B common to participate in profits only after preferred Class A stock dividends have been | paid, to be distributed among the | stockholders of the Equity. A debt of $150,000 on the present | | plant, Mr. Cupler said, wouic ve paid from the stock sold in tae new) company. MAY CONTROL Corsicana, Tex., May 11,—The Hughes-McKie gusber, burning wild, will be controlleg shortly, it was pre- dicted today. . Twenty steam. boilers are being brought to the leaks. The complete battery will be turned on the gusher fire which taused the death of at least 15 men Wednesday. Steam re- leased from the: boilers will be used to smother the fire. st PACKING PLANT PLAN TO BOARD cd reorganization of the Equity Cb-| and grant of stock to stock-; ae a W. Cupler; Fargo, -st- |, law, | but if stock were offered for sale in! concerning re-) ranged to sell in the east, $2,500,000 | would get: and $1,500,000; and, BURNING WELL’ ‘SOVIET SEEK T0 AVOID ANY BRITISH BREAK Willing to Confer with Great Britain, Says Deputy For- eign Minister TO REPLY MONDAY Assassination of Vovorsky At Lausanne Cause of Many | Wild Rumors Moscow, May 12.—All Mos- w's factories and government institutions were closed this morning to permit employes to take part in a great demonstra- tion against the British note. Surging crowds early began to fill the streets. The intent of the demonstrants appeared to be | peaceful but it | was apparent 1 they intended to make the de- | monstration an impressive one. Moscow, M | Deputy Foreign declaration of the Moscow Council of Trade Unions that although Rus {sin is willing to confer with ( Be n over the differences en the two countries she “ ecept such an ultimatum t forth by Lord Curzon, |taken here as an indication of the j trend of official opinion on the Brit- lish note. Janetsky told the council that the Soviet government desired no brea 12, (by the A. P.)— be n- not iy is with Great Britain. Janetsk, statement that “Russia is against those who want to enslave her” found a reflection in the resolution passed by the Council announ i that Russia was ready, if necessary, to respond with armed force to those ‘\who try to infringe upon her inde pendence. The Soviet reply it xpected, will go forward to London ‘after Foreign Minister Tchitcherin’s | address to the special session of the Moscow Soviet, which has been sum- | mqned for today, The assassination of Vorcorsky at | Lausanne, given rise to many | rumors as to the probable course of the government, but so far there has been no indication of how the mur-/} is viewed officially. AIR PATROL I$ ADVOCATED International Border Would be Guarded by Canada der Winnipeg, Manitoba, May 11.—Pa- tro] of the international. boundary ‘Ine by airplane to aid in preventing | robberies in Canadian banks from! the American side was urged today ‘by R. W. Craig, provincial attorney gene | air service officials at Ottawa to co- operate in establishing the patrol system, | Delita, Manitoba, which is close to | the international boundary where the | bandits took « heavy toll last year, | {pont to guard a large tract where | robberies have occurred. equipped with machine guns and bombs. BURKE PAID ! i 7 | Former North Dakota Governor Testifies in New York New York, May 12.—John Burke, three times governor of North Da- kota, and former treasurer of the United States, received $500 a week for his connection with the firm of Kardos and Burke, but he had little to do with its affairs, he testified in © | the firm’s bankruptcy proceedings, He said he had believed that the |firm was an accredited and solvent ' one when he agreed to become a part- | ner in the business with Louis Mont- gomery Kardos, Jr but it was brought out that he had contributed j na money or property to the business. “Was it not apparent to you that the only think Kardos wanted was your name and the prestige attached to it?” he was asked, “I did not think so at the time but \I realize it now,” Burke responded. FRENCH SEIZE GERMAN MARKS Berlin, May 12. Since the occu: pation of the Ruhr the French and Belgians have seized 27,187,000,000 }marks in German currency in new- dy occupied areas, Dr. Klasanetf, vice-president of the Reichabank, Minister Janetsky’s! | is generally who has asked the Dominion } | It is suggested the airplanes be } $500 A WEEK me in a statement to the press to- |CELEBRATE MOTHER’S DAY IN SPIRIT, y NEA Serv Philadelphia, May 12. Mother's Day, in spirit, not in mere | ostentation, | _ This is the plea being made by the Mother's Day International Associa | tion, as the whole world prepares to celebrate the beautiful new inter- national holiday. “There is only one thing impor- j tant this day of days,” says Miss | Jarvis. “That is to remember mother, “Go home and see her if you are away in another town, Take her some joy. If you can’t do that, write special delivery letter or tele- m to reach her } ) flowers and in some way show that ; She is not forgotten, | “That is what Mother's Day | means—remembrance of mother.” Meanwhile, observance has spread te all parts of Europe and to Japan, ies, Africa and Palestine. e. ‘COUNTY BOND ~ SAVING WITH Local Financial Men Believe Several Thousand Would ! Be Saved Burleigh Whether the county commissioners | have so bound the county to the proposed contract for the sale | from $50,000 to $100,000 of funding | bonds, and their contentions are that the contract will be upheld, will | be decided only in the courts. | ; ing which ended last evening. Th eanswer filed in behalf of the commissioners to the petition of tax- |payers maintains that the proceed- ‘ings of the commissioners was legal. purchase the bonds at 01-4 per cent interest. Belief is expressed by financial men here than the bonds could be sold for by the commissioners in addition. Ii pointed out, several thousand dollars might have becn saved the county on a 20-year bond issue. City school bonds sold at a net rate of 4.58 per cent interest. State bonds are being advertised at 5 per cent, for sale May 24, and the state expects to get a premium. Because of its low bonded indebtedness, Bur- j leigh county’s bonds are fully as at- tractive as the others, it is held by | financial men. In the answer filed today I | Attorney Aljen at the direc the commissioners, he say: Denies every allegation in the peti- tion to prevent the bond sale, except State's | as specifically admitted, | Denies the commissioners held a , Secret meeting. | Denies any fraud, Says that C. A. Swanson was not but | the “purporting acting chairman,” ting chairman, Says the bonds would take care of old ‘has been mentioned as a suggested | debts and save the county 13-4 per | cent interest a year on warrants out- | | standing. Declared the act was done for i benefit of taxpayers. ; Asserts that E. A. Hughes in affi- davit said the action was fraudulent | and secret, and asserts this is false ! and impudent to the record. As to allegations as to whether or not Auditor Johnson made statements to bond sellers that the county was not to to sel] any bonds and whether or not the county could get a less { rate, is immaterial to the issues so long as the commissioners did not illegally exceed their powers. BOXER’S MONEY |tachment on. any money Floyd} Johnson may earn from his bout | with Jess Willard was filed by a supreme court justice on applica- ‘tion of the Boston Arena Athletic club which claimed it suffered $5,000 because of Johnson’s failure to meet Fred Fulton recently. 3 CHILDREN SCORE PERFECT IN BABY TESTS Three children, ages one, three and five, of Mr. and Mrs. A. A. Stewart of Stewartsdale, Burleigh county, yesterday were adjudged perfect at the child welfare clinic in Mandan. All three babies .of the Stewarts complied in every respect as to ; height, weights and other meas-~ urements, to the national stand- ards, Examining physicians said the record of three perfect bables:in one. family was rather TR RNS Sa, - Observe _ BIDS, OPINION. |COMMISSIONERS ANSWER | ot | eh | | The commissioners held to their | j deela ation that they would “stand pet,” not changing during their meet- | The bond company attorneys assert | that they have a binding contract to | 5 per cent and a premium obtained | ; bids were taken on the bonds, it was | IS ATTACHED; New York, May May 12—A writ of at-| SAYS FOUNDER | ANNA JARV MOTHER'S FOUNDER DAY. or GREAT CROWDS TOSEE FISTIC BOUTS TODAY. | |Willard-Johnson and Firpo- | | McAulife Matches Are | | Headliners WILLARD SCORES KNOCKOUT New York Ringside—Willard ded the windup bout in the | eleventh round with a knock- | nt scored against Floyd John- \ son of Iowa. Right upper cut | | floored Johnson, Unable to | | return for twelith round. | | Willard was aggressor through | | the entire eleven rounds. | Johnson took much punish. | ment. | a | | Ringside, Yankee Stadium, May 12. | —Close to 60,000, persons, 1t was mated, were in the Yankee st sti- | um at 3 p. m., when first preliminar to the all-star heavyweight cl show, a 4-round bout between Harry Drake of England and Joe McCann, Newark, N. J. was called. | xcept for few scattering patches, the bleacher section holding about 20 were filled while the grandstand was being rapidly occupied. Thousands of late comers milled around the gates, giving promise of a record crow ived the judges’ deci Herman of Omaha b w York to the canv: on. t Al ss in Reich of |the sixth and last round of their bout. Herman battered Reich with | | a left to the chin and then showered | With rights to his jaw. Reich a tempted to arise at the county nine but was too weak and was, counted out. He had cut Herman's | left eye with a straight left in the | fourth round and H ered with blood. k Renault of Quebec, Canadian | weight champion, and Fred Pul- the Rochester plasterer, met in the first of the three principal bouts. Renault weighed 1901-2 and Fulton, 2141-2, RENAULT WINS. Ringside, M Jack Ca an heavyweight, was rded , the contest with Fred Fulton, the | Minnesotan, in the fourth round of , j their 10-roung match. The referee } claimed Fulton fouled Renault with | a left swing. Renault had the bet- | ter of the fighting until the time of the foul, OFFICERS OF | GUARD NAMED rman was cov- \ | heav i to Renault, ! | Major Manville H. Sprague To Be Lieutenant-Colonel | ——— i Major Manville H. Sprague, Grafton was promoted to the position of Lieu- tenant-Colonel of the North Dakota National Guard by Governor Nestos, it was announced today. He will rank second to Col. David S. Ritchie of i Valley City. Other appointments | made were: Major Thomas J. Thom- ‘sen, Wahpeton, to command the first batallion; Major Earl R. Sarles, Hills- boro, to command the third batallion; Maj. James M. Hanley, Mandan, regi- mental machine gun officer; Capt. M. W. Murphy, Fargo, judge-advocate; First Lieutenant Frank Hollett, Lisbon, regimental chaplain. These officers with Col Ritchie and Major B. C, Boyd, Grand Forks, commanding the second .pataliton, comprise the higher ranking officers of the Guard’ appoirfted by the Governor. The North Dakota guard goes into camp at Devils Lake June 9 to 24. According to the new Oxford Dic- tionary, every word beginning with Whas.a_ history of at. pent ee ye gee ai \ ' der | torneys ; that the names of all witne: ‘of the Scandinavian-American ba | then as to whether or not dep WKENNA RULE I$ ATTACKED IN PETITION Statute of Limitations Has Ex pired on Some Scandina- vian-American Cases WOULD ESCAPE TRIAI New Cases Could Not Be Brought on Some Charges Against Lofthus, Others Petition for a review of the actior of Judge George M. McKenna in dis sing indictments by the © county grand jury in connection wit the alleged wrecking of the Scand navian-American bank of Fargo wa presented to the supreme court thi afternoon by Attorney Genera George Shafer, and Special Assistan Attorney General George A., Bangs. The petition asks that the suprem court issue an order to Judge Mc Kenna requiring him to show caus: why the further order should not by sued, requiring that the records it id proceedings be certified to th: preme court, and that the said or dismissing the indictments b set aside and in lieu thereof ther be entered an order of the distric court dismissing the motions to sc aside the indictments together wit such further relief as the suprem | court may deem just. In support of this petition the at for the state claim thar Judge McKenna erred in several of his rulings made in setting aside tne indictments; namely that the grand | jury should have segregated each ot- o far as the concerned; Ss eX- amined before the grand jury should have appeared on each indictment, and that the name of Attorney Gen- eral Sveinbjorn Joknson should hav appeared as a witness on all indict- ments found against F. W. Cathro. fense and defendant hearing of testimony wa No Appeal From Order. It is further declared that there is |no appeal from the order of Judge McKenna and that there is no othe adequate remedy and no method | which the order may be reviewed, r versed or modified except by ord of the supreme court. The petitioners also point out th since tne final adjournment of t grand jury on May 18, 1922, the st tute of limitations has run again a number of the offenses charged the indictments. These include tl . charge of perjury against 0. E, Lo ‘thus, the charge of making false r ports against P, R. Sherman, H. Hagen, Lars Christianson, and N. Eggen, and the charges of false « tries against Hagen, Sherman, Egae A. C. Townley and H. A. Paddo« This means that unless the order | Judge McKenna be reversed or mo, fied these men would escape all prc eeution for the offenses specified. In the other cases involved, ins tuting new prosecutions either preliminary examination or by c: ing a new grand jury would caus great and needless expense on t taxpayers, it is pointed out, and gre delay would be caused as from to 5) witnesses must be called < that there would be great inconv ience, and delay to the busin the courts, Setting forth the facts in conn tion with the finding of indi ments by the Cass county gr: jury the petition states t witnesses were examined in order the various questions before i grand jury, first as to the insolver had been received after the bank | become insolvent, then as to questions of false entries, false ports, etc. in their regular orde It is also pointed out that v nesses were examined by the gr: jury touching possible offenses which no indictments were retur: and that the names of these w nesses were not endorsed on the dictments. Johnson’s Appearance, The appearance of Attorney G eral Johnson before the grand jt) is dealt with at some length it is stated that he gave testime, before that body only on the qu: tion of F. W. Cathro’s claiming |) constitutional rights in regard giving testimony. His name is 1° endorsed on any of the affidavits, T)i. testimony of Arthur DeSueur dealt with in the same wa; Sueur’s ‘testimony having dealt on! with matters occurting prior to h becoming an investigator for th» state in connection with the Scandi- navian-American bank wrecking it is * claimed. “There was introduced before the grand jury, ample, competent evi- dence to justify the grand jury in finding and presenting each an? every one of the indictments in ques- tion—this Tact hag not’been ehal-