The Bismarck Tribune Newspaper, June 30, 1923, Page 1

of ~ \ eral revenue. overcast tonight an WEATHER FORECAST ae Sunday. ESTABLISHED 1878 NEW LAWS 60 ~ INTO EFFECT AT MIDNIGHT \ . Many Important Changes in Banking, Industry, Taxa- tion Laws Noted NEW APPOINTMEN Supreme Court Commi At $5,500 Per Year Is Provided For More than 300 enactments of the legislature of North Dakota which lacked an emergency clause become effective on July 1, the most far-reaching of which affect bank- ing and taxation in the state. A marked change in the banking situation may come about through senate bill N 52, which will per- mit banks in the state to consoli- date. It was predicted at the time of enactment that within two years more than 50 banks in the state would avail themselves of the law, reducing the numbef of banks and increasing the strength of others. Another measure provides that the “itrectors of a bank may assess the capital stock not exceeding 100 per- cent for a period of three years, a isure designed to give banks an opportunity to strengthen’ them- selves. The entire method of administer- ing the affairs of insolvent banks rewritten by the legislature. Dill No. 267 provides that the supreme court of the state is riven, and requested to exercise, or- iginal jurisdiction in insolvency pro- ceedings to liquidate and wind up the aft of all insolvent banks at the time of taking effect of the act. reme Court Jurisdiction It is provided that after July 1 the state examiner shall certify to the Attorney-General a list of all insolvent or closed banks and the Attorney-General shall _ institute proceedings to have the banks de- Senate clared insolvent and affairs wound up. The supreme court is required, on the taking effect of the act, to appoint a Court Commissioner, at a y of $5,500 per year—the same $ supreme court justices—to whom it may refer all matters with re- spect to insolvent banks to hear evi- dence and make findings of fact. The supreme court may on petitjon me receivers to supercede any receiver heretofore appointed. The Depositors Guaranty Fund Commission act was rewritten to provide greater and more definité in administering the fund ing banks. The com- mission is given ‘authority to ap- point a secretary who shall receive not more than $2,000 a year. Much power over state banks Yiven the commission in tne “pro sion that “it shall be the _ specific duty of the Depositors’ Guaranty Fund Commission to pass upon the qualifications of each and every bank for admission under the De- positors’ Guaranty Fund and their etions shall be final, both as to im- mediate admission or what shall be further required of any bank in or- der to place it in a condition satis- factory to the commission so that it may be admitted later. The commission may appoint two inspectors to inquire into condition of banks and it is made the duty of the commission to keep so in- formed. If the commission finds that a bank is in shaky condition jt may require that future deposits re- ceived be set aside in a trust fund as “special deposits” until the bank is strengthened, and if the bank does not meet requirements, it may institute proceedings in district court to have it! declared insolvent. The commission is also permitted to determine the maximum rate of in- is terest, if above & percent, that a bank may pay on deposits. It has been announced that the present maximum of 6 percent would not. be disturbed. Taxation Law The most far-reaching of the tax- ation laws provides that real proper- ty in the future shall be assessed on a 75 percent basis, and all other property, not otherwise specified, on the same basis, Another law re- peals the $500 exemption heretofore allowed on city homes, farm equip- ment, $300 on household goods and working tools, but all structures and improvements on | agricultural lands, such as farm buildingp, are still exempted from taxation. A new income tax law becomes. ef- fective, which greatly increases the income tax on individual state, which is expected to provide a great portion of the state’s gen- The tax begins with 1 j percent on all net incomes above exemptions and not in excess of $2,- 000, the exemptions being $1,000 for’ wunmarried persons, $2,000 for mar- ried persons, with additional ex- emptions for children, and increased to a tax of 5 percent on all ret in- comes above $500. A new gasoline tax law, incre ing.the*tax, also was enacted and the inheritance tax clarified. Levies Limited The tax limitation law has \Wrought much comment throughout wy state because of the severe li itation it puts upon counties, citi villages and school districts. (Continued ‘on Page 8) THE BISMARCK TRIBUNE [fon] BISMARCK, NORTH DAKOTA, JIRDAY, JUNE 30, 1923 WHIPPED ENOUGH WHERE SEVEN DIED IN CRASH Of ELEVATED TRAIN north No taken njuring Taig picture wi killing seven and SENATOR LADD IN BISMARCK FOR FEW HOURS Confers With Business Men! Relative to Flood Control Plans in State Senator E. F. Ladd spent a few in Bismarck yesterday business hours ferring with some of the con- |men in reference to federal matters section of the state. The Senior Senator is especially in- terested in getting the people of this section aroused upon the ma ter of flood control of waters in the upper Missouri river basin. Millions are now being expended in the south for levees, dams and other means of flood control and Senator Ladd is of the opinion if enough demand is shown that the southern senators will join with the north in a scheme to impound the waters at their source. affecting this He in favor of trying out a small irrigation and power project on one of the small streams such as the Heart river. If this works out successfully his plan is to” ex- tend the ‘projects. But the chief aim is to conserve these waters in the spring and to utilize them for power and irrigation purposes. While here he conferred with J. H. Worst upon a plan of reforestration. Senator Ladd stated that if ten acre plots could be planted to trees, he believes that the mositure would be held better in this section that the climate would milder and that there would not be so much menace from hail. He says\that in Germany when- ever .a farmer cuts down a tree on his farm he is compelled to plant another’ and that Mr. Worst stated that in Norway when one tree is cut down two are planted in its place. Senator Ladd believes that federal aid can be secured to place in North Dakota especially in the slope sec- tion a number of ten acre forestry plots and-that the farmers who car- ed for them would receive aid for this purpose. Senator Ludd left for Fargo Fri- day evening and plans to leave ear- ly next week for Washington. BISMARCK {8 ON AIR ROUTE: Several Flyers Will Stop Here Night of July 4 It is.‘expected that some of the many flyers en route to the Demp- sey-Gibbons fight, which is to take place at Shelby, Montana July 4th, will stop here to take on supplies of fuel, oil and water. This city is on one ofthe main charted routes -to the scene of the battle and it is known that the Standard Oil Com- pany of Indiana, co-operating with the’ aero clubs of the East-and Mid- dlewest, has arranged for a supply of Stanoling Aviation Gasoline and Superla Aero Oils here and at the other designated points. In addition to a number of spec- tators who will make the trip by. air, it is certain that at least two the great pictorial news bureaus will rush fight pictures East by airplanes that. will take flight im- mediately after the last blow is struck. \ "da; ly after a two-car elevated te auto truck trapped unde i | i Dr, John H, Worst, who will retire y ‘as commissioner of immigration Mon- cay, will complete an unusual record | of period spent in the public service, |36 years in official capacity in the state of North Dakota. Dr. Worst, a settler in E county, entered public service as su- perintendept,of schools in the young 'eounty of Emmons 40 years ago ! farming while carrying on his duties He was superintendent of schools fo! six years, than was a state senator for 5 years, 2 years yieutenant governo., | and for 20 years was president of the ‘Agricultural college, the first break jin his long period coming when he jretired from that position in 1916, In 1919 he was named commissioner of immigration and has been in that capacity for four years. | “During the four years I have ad- |ministered this office.” said Dr. | Worst, on the eve of his retire- | ment, “we have endeavored to thor- | oughly advertise the resources of the state and expound the opportunities it holds out for new settlers.” i When Dr, Worst ends his term here Monday, he plans to go to a |farm owned by his son and himselt jon the lower Yellowstone in Mon tana, Many difficulties were encountered in the administration of his office, Dr, Worst said, enumerating the war |Period, crops ang rapid deflation of TO PROTECT SCHOOL LANDS State Board Orders Prosecu- tion of Offenders in Emmons pearing that person: | removing ‘buildings, trees, coal o} any improvements from state schoo land be reported to the Attorney- General for prosecution was approv- jed at a meeting of the state board of | university and school lands here. It also was decided that where al permit to build ‘a highway across at tract of school land is applied for that severance damages of not less than $5 an acre to land actually; ‘damaged bé charged. The board also took up abbut $14,000 of farm loans with funds of the Agricultural College It was announced that on April] 1, 1922, there was on file applica- tions for school district bond pur- chases totaling $3,000,000 and that the amount through payment of funds to. fake up purchases and cancellations had been reduced to $1,500,000 to date. NEW LEIPZIG“ MEN VICTORS; Sprecher and Harmsen of New’ Leipzig, won the last tennis event on the! hankers association program yesterday afternoon, Théy defeated G. H. Russ and Fred Page of Bis- marck, 6-8; 6-3; 6-4, Manilla Streets _ Under Water ae Manilla, P: I, June 30.—Manilla in the’ grip, of a typhoon which be- gan last night was. under water to- ye A motion ft 7] J d to the ng train. sircet at Flatbush and CLOSES LONG RECORD OF 36 YEARS IN PUBLIC SERVICE AS HE RETIRES FROM IMMIGRATION WORK ' the value of farm products, but be- lieves the work will bring results. “We have, through our deputies, held hundreds of meetings in ad- joining states where moving pictures (of which we had more than 100), showing North Dakota activities and development were shown, where lec- tures were delivered and illustrated literature distributed. Atlantic avenues, Brookiyn, N. ‘TOURIST CAMP - NOWRANKS AS ONE OF BEST i | ; ! Bismarck’s Camp Is Much Im- | proved and Offers Conven- to Visitors ion j ie ed tourist camp | Bismarck’s reno “In all we have distributed morenow Faulks among the most conven- than 500,000 pieces of literature and itten not less than 60,000 letters to prospective settlers. In addition we have advertised liberally in news- papers, agricultural journals and magazines with a combineg reading circulation of 30,000,000. “The state has thus been kept in the minds of a large number of pco- ple. And now with better times ap parent and promise of more fruitful seasons the work of this department in the past should bear fruit for the future, “However quite a number of new settlers have been reported from time to time and, through the appro~ priation work is unreasonably limited, my successor, having the advantace of work already done, should complish more than if he had to itiate the immigration movement Dr. Wor: of the services of C. G. Boise, secr: tary, Miss Helen Holland and Mi Florence Garske, and to Lorne Wilde for work as deputy and publicity agent. in- Hearing On Water Plant.Details Thi Evening At 8 P. Members of the city commis- sion and the citizens committee will meet this evening at 8 ?. M., to discuss details in connec- tion with the proposed new wa- ter system. The issues have narrowed down to the number of pumps and the kind of Die- sel oil burning engines to he used. Mr. Wolf, the . engineer who designed thejplant, is -expected to be present as well as a rep- resentative of. the fire under. writers. Citizens interestéd in the dis- cussion are urged to attend. Representatives of the oi! gn- gines will explain their mali ment and there probably will be a change in the pumping plan to the extent of eliminatigg the pumps for fire protection from the plant and the secyring of this pressure through /the use of a fire engine. Wek HARDING IN _ YELLOWSTON Gardner Gateway, Mont., June 30. —Arriving in Ghrdnér about 7 o’clock this morning President and Mrs. Harding and their party imme- diately went into Yellowstone Park for a two days’ visit. The party went into the park at'the northern entrance. pay —+ Successor: To Forks Man Named Washington, June 80—Roger W. Cooley of Grand Forks, N. D., assist- ant general cobndel of the Veterans Bupéau, has resigned effective Aug- ust 1 to resume a law. professorship ‘at the University .of North: Dakota, He will be ‘succeeded by Randall Shaw of Maine, A expressed appreciation | ient to be found on the National Parks Highway. Located, as it is, on the trail 11 miles e of the | eity it offers the convenience of good location to the tourists. Among the improvements is a |building recently erected to add to ithe comfort of tourists, In one end lof this building in the enclosed por- \tion is located the serving tables and a sink for the washing of dishes, 1In the main portion of the bailding ‘is built a jong eating table with nec- Just east of the | essary side benches. ‘buildings has been erected a four- plate Dutch oven built of brick. The isupply of wooq is provided. Other improvements are six tables so piaced to scive in- dividual tourists parties. These ta- bies and benches are in the open on the north side of the camp, The information booth has been supplied with necessary state maps of Minnesota, Montana, North and South Dakota, Maps are also sup- plied of the National Parks High- dN Parks Highway ic are furnished by the Associa- |tion of Commerce. These cards are ‘in great demand for the reason that added and benches jthey show the distances between \eities from Chicago to Seattle. This ‘information booth also contains tele- phone service. | A new feature of the camp will be jin operation this evening. Electric ‘lights have been strung throughout ‘the length of the camp, the electric- lity coming from the penitentiary |power plant, The lights are turned fon at sundown and remain burning throughout the night. City wagons call twice a week for | the garbage and the boy scouts of the city will aid in keeping the camp in a sanitary condition, The camp is jalso provided with toflet facilities. EW ENGLAND MAN INJURED AT SCHOOL, DIES aan | New England, N. D., June 30. — S. L/ Melby, 44, died here Thursday of injuries receiveq Tuesday while working on the new school. He had the contract for the building at Reeder, N. D. He was struck on the head by a post bucket filled with cement and made unconscious. He fell 12 feet to thd ground. Death xesulted from a fractured skull and aspiration pneumonia, Mr. Melby was a well known con- tractor. He has built schools at New England, and Regent, Leith, and Amidon. Besides the contract for the new school at Reeder he was tu build the new municipal light plant here this summer. His widow and five children sur- vive. A brother, Ervin, lives at Wild- rose, N, D., and a sister, Mrs, Mar- tin Peterson, resides at Hillsboro, N. D. Governor At : Gladstone Toda Governor R. A. Nestos and Dr. V. K. Stickney of Dickinson were to be principal speakers today at an Old Settlers picnic at Gladstone, Stark county. « RUST REPORTS CAUSE UPWARD | sv WHEAT PRICES Reported All the Way From Minneapolis to Moorhead on Chicago Board ‘LE IN NO. DAKOTA Mead of Anti-Barberry Cam- paign Tells of Few Places Where It Is Discovered | PRISONER ON HUNGER STRIKE Cleveland, O.. June 30.—John | L. fasting in the county Jatl charged with the murder of Patrolman Dennis Griffin, refused diink as well as food this mornin At 9 o' wk he had gone 87 hours without eating nd ported the new ‘Thurs night he Since bre. wat kfast time refused the black coffee he en during his first two day he had tak- in jail. HARDING SAYS LABOR, CAPITAL Chieago, June 30.—Bullish reports! about crop conditions in the North-| weet led to decidedly higher prices | for wheat today in the early ings. Traces of black rust 1 to be present all the Minneapolis to Moorh addition to yesterday's discovery of the pest near Aberdeen in S. D.| With rainy weather tending to in- crease the damage from black rust! previous sellers made haste to buy and the market rapid vanced. | Opening prices which varied from| unchanged figures to 5-8 cents high-| r with Sept. $1.02 5-8 to $1.02 and Dec. $1.05 1-4 were followed by a sharp general dpturn, Subsequently reports that 1 tem rust had been found in South Dakota and Saskatchewan prevented deal- | were | y from » Minn. In cla h er $1.03 5. $1.06 was firm, 1 3-4 to 1 5-8 cents with September $1.03 1-2 to 8 and December $1.06 1-2 to IN ISOLATED PLACES Fargo, June 30.—George C. May-! ough, in charge of the government's campaign to eradicate the barberry bush in North Dakota, stated today| that reports of black stem rust in the Northwest had no general be: ing on North Dakota, as only a few isolated ¢ s of rust had been dis- covered in this sti Although) many cases had been reported to} him he said that on investigation nearly 1 of these were found to be! without foundation, In Cass coun- ty, near Christine, one ci of blackstem rust is being treated by government Dr. officials charge of Butler of Washington. Another of black stem rust was found near Moorhead that i also being tre aydagh’s forces. This morning indications of | rust in wheat were found in experi-! ment tracts at the Agricultural Col-| lege tract at Fargo but thes lieved not to be caused | are be- the bi | berry bush but by « disease known as weed rust. | | NONE AT FORKS Grand Forks, June 30.—Inquir-} ies have brought forth no reports | of rust in the northeastern section | of North Dakota. Present cool! weather and previous warmth and dryness ‘have not been favorable to the development of rust, ord- ing to J. G. Diamond, state statis- tician for the U. S. Department of Agriculture. HAIL STORMS SOUTH OF HERE Considerable Damage Is Done Through Fairly Narrow Strips which cut through fairly narrow paths south of Bis- marek yesterday afternoon did con- siderable damage. : ‘ail and a heavy rain was report- ed at points 12 miles southeast of the city. Some of the hail stones, it was said, were as large as hick- ory nuts. There was some wind! but no damage from wind was re- ported. A hail storm was reported about two miles north of the Alex Mc- Donald farm, 20 miles southeast of the city. The hail was hard and the rain in plzces almost a veri- table cloudburst. There appeared to be a terrific storm east of Bismarck. County Commissioner Swanson reported a nice rain around Driscoll but no hail or wind damage. The rain, he said, extended to a point about four miles west of Driscoll. Hail storms There also was a shower eight miles east of Bismarck extending for a considerable distance. The shower downtown in Bis- marck yesterday afternoon did not extend to the state capitol. Elevator Company Declares Dividend Van Hook, N. D., June 80,—At their annual meeting here stock- holders of the Van Hook Farmers Elevator company, declared a 10 percent dividend on business trans- acted. A special dividend of 20 per- cent for the present year in addi- tion to the 10 percent was also or- dered paid, making 50 percent paid on all stock. About 250,000 bushels of grain were handled by the eclevator dur- ing the last season, with a profit of $6,000. A meeting is to be held June 30 to decide whether the elevator shall; that the adoption of the’ Can; be made a cooperative company. any important bearish reaction. ,The| ; Admi pathy with Extremis Either Side SITUATION DISCUSS ays Those Who Imagined Him Anti-Labor Find | Themselves Mistaken | MUST BE FAIR’ tration Not in Sym-| jof Thomas PRICE FIVE CENTS TO CAUSE DEATH STATE SCORES "IN TESTINONY OFPHYSICIAN Says Number of Blows Al- leged Given Tabert Would Have Caused Death TRIAL IS NEAR’ END | | Defense Testimony to be Con- cluded First of Next | Week Lake Cit June 30.—Expert Jopinion given Dr. F. F, Brown, a local physician, that seventy-five | blow dministered to a man with a leather strap weighing seven and | one-half pounds would produce death, ‘closed the state's case in the trial Walter Higginbotham, who is on trial for the murder of Martin Tabert, North Dakota youth, Mrs, Ollie Rhodes, keeper of the Putnam Lumber company’s hotel, at Shamiock, FI Mrs., Wm. M. Mills, wife of a contractor working for the Putnam Lumber company, and Bert Helena dent. 1 30—Pre ed here last night | a, June ‘ined his admin- ution would sympathige with pro-| s for “the deflation of labor and | the overthrow of labor organiza- | tions” have come “to ize thei realize ror, “Nothing has been farthet from]; the purpose of the present admin. istration” he said in the tenth pre-| pared address of his Western trip, | an address devoted to the discuss on] of labor, social justice and women in industry. The President said what his ad-| ministration had “earnestly sought"| is to lessen the for con-| flict between capital and labor and to both lization of ition they o o the great | public interest.” | Quite frankly the Executive stated | that he knew there were some elc-| ments which had hoped fer “ a gr nd decisive conflict” between ized employers and organized labor,| and that these clements not Mon either side of the “imagin-| ary dividing line” between capital] and labor. | “On the capital side of the line,”| he said, “were those who hoped that | the administration would lend it-| self to their program of breaking down organized labor ang sending! it back to the era of individual b: ning for the individual job. On| the labor side of the line were tho who hoped, by exorbitant demand and an attitude of —uncomprom ing insistence to force the national-! ization of some of our most import-| ant industries and services. Be-| tween these two extreme groups we have tried to hold the scales even. Saved from Extremists “How well have we succeeded? At least, we have saved the nation from| the extremists: of both sides. I be- lieve our policy, and its results,| have reflected the sound judgment! of the ov helming majority of the} American people. I believe this! people is firmly and finally commit- ted to the ideal of preserving the! fullest rights of private initiative and private enterprise, together with | the right of organization on both! sides of the line between capital and labor, and always consistent witi the right of the public to be, served} efficiently and at a reasonable cost. “We have come thus far, and th fortunately, through the most dif cult pcriod of reconstruction that| we have ever known. We have been| sheltered against the world storm; of tendeney to social revolution. Th best test of policy is by results. B: that test, we ask no more than a| fair and reasoned verdict on our pro- gram. We ask that its results be compared with the showing, in these} after-war years, than can be pre- sented by any other country on the face of the earth. “For our vindication, we point to a great nation, its credit preserved, | its industries crowded to the point! of capacity production, its people employed, its wage scales high be- yond all comparison with any other in the world, its banking system standing as the final bulwark of sound money and the gold standard, and its average level of comfort and prosperity unexampled among the races of men. “If I could make the fortunate picture stand out by offering con- trast, I would speak of Russia and the colossal failure of its mad experi- ment. The dissatisfied working forces of America, where there arc such, and the parlor theorists who have yet to i i useful to asp’ find there less of freedom, less of reward, and little of hope in much proclaimed emancipation, “I am making my appeal in this matter to the broadest and best, sen- timents of law abiding Americans. everywhere. We must ; recognize that, there are some people on both sides of this question in whose minds it is absolutely paramount. Some would be willing to sacrifice every other considefation of policy in order’ to have their own way as to this one. This constitutes one of the most demoralizing factors in the situation. * “It was very generally believed stitu- (Continued on Page 6) Duffil, an employe of the lumber company, and two negroes, one claiming to be tn employe of the same company, were among those who testified they attended the funera of Tabert on February 2, 1922, two | days following his death in the pris- n stockade of the lumber company here he was serving as a convict. Neither of the negro witnesses tified that they had noticeg any scoloration on Tabert’s face which would show that he had been struck with a strap, as witnesses for the state had testified, Eddic Waters and Nina Bell, two former guards for the lumber com- pany, gave in detai] how Tabert was whipped by Higginbotham. It was after Bell ang Waters had completed their testimony that Dr. Brown was called to the stand. Stafford Cald- well, special prosecutor, asked the physician one question, “Doctor, if a young man 22 years of age, weighing about 130 pounds and unuble to do any hara work, and assuming that he was struck with a leather strap about three feet long, three inches wides, and weighing seven and one-half pounds, and at- he struck seventy-five times with this strap and assuming that he was in a feeble condition the next day, and assuming he was forced to go to bed that night, wes unconscious Sunday night, Monday, nd on Tuesday night he died, what would have been responsible for his death “The whipping,” replied the physi- cian, Defense witnesses continued to be called today. It was doubtful if the defense would be ready to close tonight. DISPUTE TESTIMONY Lake City, Fla., June 30.—Black Auntie, the strap used by Walter Higginbotham, former convict ‘Whipping boss” in whipping Mar- tin Tabert of North Dakota weigh- ed only one pound and eleven ounces, declared B. W. Guffiel, for- mer carpenter for the Putnam Lumber Co. and a defense witness; during the trial of Higginbotham here today. The/ former “whipping boss” is charged with the murder ot Tabert. . Guffiel said the strap was weighed while the specidl legisla- tive investigation committee which inquired into Tabert’s death was in session. He declared Higginbo tham and Walter Priese, another lumber company employe, witness- ed the weighing.“ The witness told he jury it was an all-leather in- Hument and contained no iron or eel, Guffiel testified he did not know re the strap came from befcre it was weighed. Priese, according to the legislative committee, said the strap had been found in the woods. When exhibited to the committee the strap showed iron or steel rust in the handle. It was at ‘the camp of the Putnam Lumber Co. at which Tabert was given the whipping. J. T. Hendry testified he would uot believe J. M. Tyson, a state witness, on oath, and that his char- acter was bad. Tyson yesterday testified that the strap used in the whipping weighed over seven pounds, the weighing being dou: cn scales of the Putnam Company before the whipping of Tabert. Samuel Livingston _ followed Hendry and said he also would not believe Tyson. ISSUE MAP M OF SELFRIDGE Selfridge, N. D., June 30.—Enter- prising boosters of Selfridge have sued a ,complete road map of North Dakota, together with a brief statement of the advantages of: the town. They lit for Selfridge: 184 cars ‘of grain phipped in 1922; thousands of cattle and hogs marketed. each year; plenty of good farm land left at reasonable prices; dairying just being. developed; business opportun- ities unexcelled; crop failure at Sel-. fridge unknown; good schools. and churches—pyblie hall.” z Selfridge is located on the © Mil- waukee railroad. - ts