The Bismarck Tribune Newspaper, July 14, 1923, Page 1

’ WEATHER FORECAST “| Partly cloudy and spmewhat un>f" jsettled tonight and Sunday, ESTABLISHED ett di Reman a We I.W.W.PLA ATTORNEYS IN BANK CASETO ARGUE AGAIN Supreme Court Asks Defense Counsel to Present Argu- ment on Merits of Case POINTS ARE GIVEN Answers Requested to Ques- tions Propounded by the Supreme Court in Case t The supreme court, in an order is- sued today, directed further argu- ment in the case in which the state of North Dakota sought to have re- instated 36 indictments against A. C. Townley, Ih J, Hagen and others growing out of the Scandinavian American Bank wrecking ‘cas + go, which. were set aside by Di Judge ‘George McKenna. The court will hear the argument July 20. The court. ordered argument by the defense on the merits. . The order calls for statements by defense attorneys on these questions: 1, Were the orders of the trial court erroneous? 2. If erroncous, has this court the power to rectify the error and re- instate the prosecution in view of the fact that defendants were discharged and bail exonerated? The state was not asked for furth- er arguments. At the first meeting the state, through George Bangs, special attorney-general and Attor- ney-General George Shafer, argued the merits of their contention that Judge McKenna had erroneously sct aside’ the indictments of the Cass county grand jury, and asked that they be reinstated. Defense attorneys devoted most of their attention to denying the juris- diction of the court. Attorney-General Shafer declined to comment on the order. PISTOL SALE IS REGULATED Strict Regulations Guard Sale By Dealers in State Strict regulations regarding the sale of pistols or revolvers, estab- lished by the McLachlin law, effec- tive July 1, has been the object of many inquigies to State officials by dealers, “ Restrictions on clude: No one shall sell, or give, a pis- tol or revolver to persons under 18 years, under maximum penalty of $1,000 fine or.one year’s imprison- ment. No one shall sell a revolver to one he reasonably believes is an un- naturalized alien or has been con- victed of a felony. No dealer shall deliver a revolver on fe day chase. tL) Before delivery the purchaser shall sign a certificate in triplicate, one*éopy to go to’ the Secretary of State, otieiiof the police chief of a totn ‘or ‘éfty;/or to the sheriff, and one shail be retained by the dealer for six years. Any dealer who sells without a license shalt. be liable to punish- ment not’ _ spteetine two years im- prisonment, © 30!mtor Duly constituted licensing author- ities of any city, town or subdivi- sion of the state may grant a license in form prescribed by the Secretary of State, to sell revolvers at retail. Revolvers shall not be displayed so that they may be seen from the outside of a show “window. The purchaser who gives false in- formation is liable to punishment of from five to ten years imprison- ment. Girl Memorizes 130 Bible. ereeal “ ss Cavalier, N. D,, July 14.—Reciting 130 Bible verses she has memorized, Miss Frazier of St.Thomas won the memory contest: conducteg in connec- tion with the 35th annual convention of the Pembina County - Sunday School association held here recent- the dealers in- * the association elected the fol- lowing officers: A. McColl of Bathgate, president L, Pettit of Backoo, first vice pres’ dent: and president of the first dis- trict, Rev. Forester of the; secon vice president and second district; J. He bina, third vice president dent of the third district; wil Stenson. of Bowesmont, treasure: Mrs. R. MeFadden of Cavalier, sec- retary; Mrs, H. F. Grave of Cavalier, superintendent of the elem vision; Miss Grace Gelder of Bath gate, superintendent’ of the secondary division; . Miss M. Symington of Neche, superintendent of the adult division; and Mre..H, we of Wal- halla, superintendent of tthe éduca- _ tion, division. es by the thousand: ete ; ‘somuity for sclentif research in hospitals, application for pur-}. When Tommy Gibbons returned sey off for 15 rounds, at Shelby, an sented with flowers and speeches. MEET SUCCESS IN BUILDING DAIRY CIRCUIT Agricultural Committee of A. of C. at Work — Meeting Here Next Week Marked success has attended the solicitation work of the Agricultural Committee of the Association of Commerce and W. F. Reynolds, state dairy commissioner, in the organi- zation of a large Burleigh county cow testing association. The com- mittee began its work upon the re- quest of several of the leading farm- ers of this “section. At a meeting of the Agricultural Committee today, it was reported that 25 farmers had signified their intention of joining in a cow testing! ecircui It was decided to hold a meeting in Bismarck at 1:30 p. th. next Thursday at the A. of C. of- fices to complete the organization. Members of .the Agricultural Co: mittee who: engaged in the policita- tion were J. A. Graham; chairman, 3. L., Bell, 3. F. French, J. L Kelley and F. A. Lahr. They spent sever days in the eounty, visiting with farmers, discussing the plan and explaining their willingness to co- operate. \ Great interest has been aroused tifis year by the Flasher and New/ Salem dairy tours, it was found, and many farmers have made a very| close study of the situation. Their study, together with the first-hand experience on other circuits, has convinced many to the point of great enthusiasm in the project. It is pointed out that Bismarck, as the/ capital of the state, a thriving city and centrally located, offers a splendid asset as a market city for fine livestock when the industry has grown to such a point as to at- tract buyers from a considerable distance. Curran Tak Bennett’s Place W. J. Bennett has resigned as man- ager of the Farmer-Labor State Rec- ord, weekly newspaper, which posi- tion he has held for more than two years, and directors have elected James Curran manager of the com- pany. L, J. Siljan, formerly with the Normanden, Grand Forks, and Independent Review, Fargo, has ac- cepted a position with the company. NAVY COSTS MOUNT. London, July 14.—Although the es- tablishment of the Navy in 1923-24 consists of only 99,500 men, compared with 151,000 in 1913-14, the cost of pay has risen from $44,000,000 pounds $70,000,000. to his home town, St. Pa enormous crowd greeted Did he like it?) Take a look at the FAIR WEATHER _ IS PREDICTED Washington, uly 1 14, — Weather outlook for the week beginning Monday: Region of the Great Lakes ani Upper Mississ!ppi Valley — gener- jany fair; temperature near or sional and scattered local thunder- |©torms probable. EMPLOYE AT | MINEBEATEN ‘Called From House and At- tacked, Says Report Received Here Tony Longhouser, an employe of |the Knife-River Coal Company at} {Beulah where mine workers’ or-, ganizers say a strike exists, called from his house Wednesday night and beaten unmerejfully by two men, according to information reaching ‘the “offieeof Governor Nes- tos today. One of the dssailant: was taken by \a geputy sheriff and the other escaped, reports from the mine owners added. While Sheriff F, P. Conrath © of Mercer county has been at the coun- ty seat at Stanton a deputy sheriff ihas been at Beulah. He has,made |daily reports to the, Governor, as North Dakota National Guard, who recently investigated the situation at Beulah, but has reported the sit- uation quiet except “for one slight disturbance” which was unnamed. A report for Wednesday, however, had not been received at the Governor's office. NO LEAGUE CONVENTION Won’t be Called This Summer, Says Walter. Welford Fargo, uly 14.—The North Dako- ta Executive committee of the Non- partisan league will not call a state. convention this summer, according to a statement printed in this weck’s issue of the North kota Leader, official or, state. The statement is signed by Walter Welford, who says he has been authorized by the executive committee to make the -announce- ment. Welford is a member of the committee. i CAREFUL DRIVING IS URGED UPON _ MOTORISTS; ORDINANCE POINTS GIVEN A tourist passing * through Bis: for’ loadjng or backing out from| tion occurred over the Rocky Moun- marck said that,he thought Bi marck had more careless automobile drivers than any ' town he'd ever; years shall operate @ motor vehicle] Dakota, Kansas and Texas. seen. Police don’t believe this is so, but at the same time point. out the crease in the-number of accidents as a‘ warning to all drivers. ‘Arrests alone won't make driving s must real- serve the rules of safety. Some of the salient point} of the traffic or- dinance of the city are given be- low: Speed. imit fs 20 miles an hour it wi approaching any crossing of intersecting highway, 12 miles an hour.” Brakes must be sufficient to bring a vehicle to a #top/ within 50 feet |when traveling:at rate. of 20 ssh gs per hour, 3, ot a It, 4s’ forbidden. to drive’ an auto while: intoxicated. Baeay congested district no per-| police on: shall step.a vehicle unless right Cees of onal be within one ‘foot urb Sf except on establish, bs cab, hack and truck stands No auto shall be propelled: back-| congested © district, in sion to aghiek teeldent curb. No person under the age of 16 upon the streets of the city! Every vehicle must hi ‘lamps showing white lights visible: Hat distance of 300 feet; also combin- ation red and white tail light! No light may be used unless pro, perly shaded so as not to blind oth- er users of the highway, or make it difficult or “unsafe for th to drive or walk ‘thereon. No auto may be parked «longer than 12 hours in congested district. hall play on streets, jsongested districts. No person shall cross streets in congested district except at inter-) F tections, then only on direct line. No vehicle following, fire ‘appar- atus shall approach closer than 800 feet to fire apparatus or to fire. austen ‘of fire apparatus, tral: ‘vehicle shall and remain’ ot oth is a Sscitsee or than 60 days 1 each ‘aoe aes somewhat above normal, but occa-; was! recommended by Capt. L. R. Baird,! an of the League in this: G FOR 5-DAY STRIK TRIBUNE BISMARCK, NORTH DAKOTA, SATURDAY, JULY 14, 1928 CROP ACREAGE |FINE CROP IS ASSURED NOW IN aftcr standing Jack the ie Killer: Demp- m at the railroad station. my Lol pre- lee. in the photo B him MOTORBOATS ARESEIZED IN | DETROIT RIVER Protests Made as They. Are Put Out of Commission By Officers Detroit, Mich., July 14.—Federal prohibition agents, assisted by cus- toms officers seized 200 motor boats in the Down river district. The operations were conducted in the face of an angry mob. e boats were ,seized on the eroaril that they did not comply with government requirements as to equipment and with custom depart- ment seal: fixed to their engines ;the vessels were put out of com- rhission until their owners have explained their failure to equi {them in accord with federal. regu- ‘lations: Water front lanes said to be favorite plclirs nays one for liquor zun- ners were with men who protested the thority of the:cus- toms agents in tying up the boats. In several instances the officers had to fight off gangs of men, ‘BONDING FUND IS VICTOR McHenry County Loses Its Case for More Than $3,000 , McHenry county lost its case to collect $3,119.00 from Gunder Os. jard, former sheriff, and the state bonding fund, before Judge W. J. Kneeshaw at Towner. The bonding fund ,was represented by John Thorpe, first assistant Attorney- General. McHenry county elaimed the bond forfeiture because a check had been given by Osjard to the treasurer for delinquent personal property taxes collected by hint, and the check was not honored at the bark. The contention of the bonding fund was that the check had been given on Dec, 8, 1920, not presented until after the bank closed Dec. 20, 1920, and therefore had not been ed «6 “within a reasonable tim The case was tried before iJudge Kneeshaw without jury .by stipulati WEATHER FORECASTS For Bismarck and vicinity: Part- ly cloudy and somewhat unsettled tonight and Sunday. Not much change in temperatur For North Dako! and Sunda; perature. General Weather Conditions, ..' The pressure map is very flut this morning.. Light, scattered precipite- "Partly cloudy mewhat unsettled tonight and Not much change in tem- tain region and in the Canadian Provinces, and in parts of North. Else is. generally, fair. moderate to oe where the, weal in all section The, rogds, throughout the are mostly good but dusty. North Dakota Corn and - Wheat «Stations Amenia BISMARCK . Bowbells . Devils = ‘tae Duna’ Contet . Ellendale . inden ind * Forki Jamestown.» Langdon Larimore ate Lisbon” “1G C,. clea: ree i} ‘clokidy ris We, Tover Msteopelagit SHOWN LARGER IN BURLEIGH Figures for State Hail Insur- ance Abstract Shown Change from Previous Reports INSURANCE ON Hail Loss Report For Week Shows Increase Over Last Year MORE Although it was generally ex- pected that the acreage in crop in Burleigh county this year would be less owing to the late season, the hail insurance abstract of County Auditor Johnson shows the acreage larger this year. The number of acres in-crop in 1923 is reported ae 291,126 acres as compared to 282,953 acres in 1922. There is more state hail insur- ance carried this year. The num- ber of acres withdrawn this year is 79,186 as compared to 80,631 acres withdrawn last year. The number of acres on which additional $3 an acre insurance was placed this year is 23,827 acres a8 compared to 16,985 acres last year. Insurance on 705 acres was re- instated this year. WEEK’S HAIL LOSSES Heavy losses from hail were suf- fered in North Dakota during the present week, according to reports received by the state hail insurance department. The week's losses brought total clai for the s 6,000 more than at the last year, The total los: this year, as reported, n Complete records on last Sunday’s hail damage, gatherdd from mailed claims filtering in during ithe week, shows particularly heavy losses in the territory around Garrison and up through part of Mountrail county, Martin S. Hagen, manager of the de- partment said. The hail storms struck patt of Mc- Henry and Sheridan counties, about ‘500 claims coming from. those coun- 3 part of Wells, Eddy and Foster and a small part of Benson, from which counties about 500 claims were reported. There also was a hail storm in the Wild Rose territory, about on the line between Williams and Divide counties and another ‘storm center- ing at Mohall. Heil damage was re- ported in. parts of Renville, Ward the and Bottineau’ counties and slight, damage in Burke county. 50-FOOT FALL PROVES FATAL Rugby, N. D., July 14,— Falling 50 feet from the side of a grain elevator at Fero, which he was ainting, a young man nanied Bar- rett, sustained injuries which caused ‘his death the following day. Companions said he took hold of a rope to support himself and which he thought was fastened, but that it wag loose and ran through a pul- ley, precipitating him to the iground. The body was sent to his home in Chicago. STUDENT DIES AT KILLDEER Fargo, July 14--Walter Larson, son ‘of Mr. and Mrs, O. H. Larson of Killdeer, N. D., and a student, at a local business college during the last nine months, died Tuesday at Kill- deer of blood pois: ning, according to word received in Fargo. The funeral will take place at Wil- mar, Minn., Sunday. Rev. in W. Ziegler, pastor of the English Lu- theran sel at Killdeer, will offi- ci Train Stops For For Posey Picking Midland Continefttal train, coming north from Edgeley, was stopped for several minutes. while passengers steppeg out to gather bouquets of tiger Jilies, deemed by many the most beautiful of North Dakota wild flow- ers, % So SCOTT TO SPEAK Grand Forks, N. July 14,3. F. Scott, gener insel of the Federal Land bank, St. Paul, TERRITORY Gounties ‘south of Bismarck don’t need any more rain to as- sure them of one of the finest crops im many years. This is the estimate of local ‘business men with- connections in territory to the south of here, east of the Missouri, who have made careful surveys of the territory. There was a light to heavy rain all over the territory cov- ered by the South Soo last night. It rained at Moffit, Braddock, Artas, Herried and Pollock, So. Dak. The reports here did not men- tion any damage by hail, so if there was hail in the storm it ig believed that it was MERCURY sTOrS IN FLIGHT TO CENTURY MARK The mercury started toward the record again yesterday af- ternoon but stopped short of it by several degrees. It reached Hi in the late af- ternoon, the second time this season it has been above 90. It also remained up, falling only to 69 last night, one of the hottest nights of the year. Hot weather prevailed all over the state yesterday. Bis- marck, however, reported the highest temperature. Fessen- den followed with 91. Other ‘hot. places included Grand Forkg 90; Larimore 90; Devils ie 88; Fargo 86; Napoleon The ascent of the mercury was halted today by a i at noon which sent it down to 6' ‘ HEBRON BRICK C0, RESTRAINED IN STOCK SALE Order Is: Issued by District’ Judge A. T. Cole in Court at Fargo Fargo, July 14.—Judge a. T. Cole county district court late sued a temporary injune- t the Hebron Fire and company, its office s, employes and stockholde’ restraining them from interfering with the possession of, or attempt to sell the stock of certain of the stock who refuse to pay a 10 per by the board of,directors, until such time as the court shall have decided if’ such assessment is legal and valid. The order was issued on the re- quest of E, C. Hagenson of Grand Forks,- represented by his attorney, Allen W. Wood of Fargo. Hagenson asked for the injunction in behalf of himself and other stockholders “sim. ilarly situated.” Mr, Hagenson owns 15 shares of stock. Another Suit Filed, Attorney Wood stated yesterday that he had been informed that At- torneys Sullivan & Hanley of Man- dan had secured a similar order from the district judge at Mandan in behalf of Charles Veigel, a former president of the brick company, who owns 3650 shares of stock. According to the complaint filed by Hagenson’s attorney in the loca district court, the board of directors of the brick company, on May 7, last, adopted a resolution calling for an assessment of 10 per cent on all the paid up stock, which is claimed to total $600,000. 6,000 shares, par value $100. The resolution recited that this assessment was necessary in order to pay-expenses of the com- pany and debts incurred. The reso- lution also authorized the board of directors to force the sale of the stock to all stockholders who re- fused to pay the assessment and also that the company could buy in the stock for the amount of the as- sessment, according to the recital in the complaint and affidavit- filed with the request for the injunction. July 12, at 2 p. m. was the date set for the sale of tl tock where sessments were not paid. Claimed Non- The compla‘ Heges that at the time of the sale of the stock to Haggnson ang others, the promoters made the claim that the stock was of par value of $100 and non-asse: ble, fully paid up. Literature and ua{the prospectus of the promoters of maijtee brick company are quoted to the same effect. ‘No date has as yet been set for the hearing on ithe injunction, which is in effect until the court has heard the case on its merits. Lawrence, fe Murphy & Nilles of Fargo represent the board of directors, The principal luring po office of the brick company is in Fargo and the brick plant is at Hebron in the western part of the te. The company has been mant- facturing brick for a numbér of years and has been regarded as one. ‘of the big concerns in North Dakote, BIG Milan, Italy, July es took part the racea Cup, 07 a circular Course of 1000 kilometres (625 miles) ‘trom Cinsinella, near here. Thirty jeer ited the Qistance, Seventy-four the race for 1 state in such manner, in such courts SOUTH OF BISMARCK Spotted and covered narrow strips of territory. The rain missed Napoleon but struck Linton. Emmone county has pros- pects for perhaps the biggest crop in history, according to reports to J. A. Larson of the Carpenter Lumber Company. Logan and Emmons have had a good deal of hai! but no rust has appeared and farmers from that section generally are Pleased over conditions. J. L. Kelley, who was at McKenzie during a hard rain last night, said today that there was slight hail there ‘but no wind, and he did not believe any serious damage re- sulted from hail. [HIGH COURT IS ASKED T0 TAKE BANK MATTERS Grave Question of Public Policy Involved, Attorney Urges on Court SAYS COURT HAS POWER The supreme court is asked by A. G. Divet, attorney for the Guar- anty Fund Commission, to take jur- isdiction over the affairs of i vent banks of the state, in a 5: tion declared to be unique in judi- cial history.. Speaking. before the court yesterday afternoon Mr. Di- vet, who aided in drafting the law of the 1923 legislature under which it is proposed .the court will. act, urged the court to exercise the pow- “That the situation presented i such that the public interest is in- volved so that the Court should as- sume jurisdiction if it can would seem too plain for argument | both’ from the standpoint of what th: Court will take judicial notice .of and from what the Legislature in the Preamble» of Art brings to. its attention,” said Mr, Dixet. “The legislature is the prime ¢on- servator of the stgte’s interes! and of public police; presents a unique . situation I be- lieve heretofore entirely unknown to judicial proceedings” Mr. Divet said the question pre- sented is “whether the Court can jact without doing violence to the ‘constitution, a question which, must swered I assume as every oth- ition as to the stitutional- ity of a law is answered, in favor of the law unl unconstitu- tional, beyond a reasonable doubt.” The presentation followed the fil- ing before the supreme court by the Attorney-General of a petition ask- ing the court to exercise original jurisdiction, declared banks named in the petition insolvent and to wind up the affairs of the banks. The Attorney-General acted under an Act of the 1 The law, Mr. acted on two separate theories that it was sustainable. The first, he said, he found in it 22 of the constitution as “Suits may be brought against the and in such cases as the legislative assembly may by law direct.” The second theory, he said, is based on sections 86 and 87 of the constitution. There has been growth and development in the interpreta- tion of such provisions, he said. “One fundamen’ principle may however be taken as established— that is where grave public interests are found to be involved the Court will assume jurisdiction if it can. And if grave public interests are not involved it will refuse jurisdic- tion, though it need not.” said Mr. Divet. “It is worthy of note that where a real public interest ceded to be involved, the courts have in almost, if not every case, found a way to meet. the situation and protect the public.” Closed banks, Mr. Divet said, are abandoned by their incorporators, dormant in the hands of custodians of the banking department. There] real public in- terest for the exercise of original jurisdiction by the court. REMOVE PENNY FROM LUNG Wahpeton, N. ‘D.: July 14—The life of Ethel, infant daughter of Mf. and Mrs. Ernest Pease of Breckenridge, threatened with death from a penny which she had swallowed and which finally lodged in her lung, was saved by an operation performed by a Wis-| consin physician, who was summon- ed after local ahd St. Paul physic-' PRICE FIVE CENTS WOULD STOP (HARVEST OVER THENORTHWEST Protest Against Release o! Political Prisoners, Says Minneapolis Secretary. SAYS “DEMONSTRATION” Previous Reports Had Said! There Would 10-Day Strike When Harvest Opened Minneapolis, July 14. —A five-day’ onstration” against agtithlttird in . the Northwest which will’ make Ae: Mahle, stand a Pees jarvest time” is ne by the I. W. W., Faith Gray, secretary of the agricultura’ division of the order, said here today. The “demonstration,” Gray says, has for its object the re- lease of what he termed poli- tical prisoners of the World War, and will be held about the Middle of September. Charles Gray, secretary of the Minneapolis branch of the Indus-| trial Workers of the World, is quoted in a Minneapolis newspaper az saying that a strike probably will be called in North Dakota har- 48 soon as the harvest as contemplated will be for the purpose of obtaining re- lease of political prisoners,” Gray, / “We are expecting inatruc- tions from Chicago.” He added that it was possible that the I, W. W. striker against North Dakota farmers woul! enread from North Dakota into Minnesota. The I. W. W. hae enlarged the scope of tts agricultural activities; rected from the Minneapolis 07 fice. it 1s said, having moved. fn! larger offices at 115 Nicollet ay enue, It has been declared: trom other| sources in: North Dakota that an T. W.: W. strike would be called in| the state. Governor Nestos, in Fargo an: Moorhead yesterday, reiqsued his| call to farmers and citizens to or- ‘ganize to regulate employment ani secure sufficient harvest worker: this summer, and at the same tim declared that the nowers of th state will be used to preserv peace if it becomes necessary. SENATOR LADD SAILS TODAY FOR EUROP! With Senator King of Uta He Will Investigate Conditions New York, July 14.—Senator: E. F. Ladd of North Dakota an: W. H. King of Utah sailed on th President. Harding today on wh: they made claim was to be a p rea and unofficial investig: of conditions in Europe, pa! larly Germany and Russia. ‘ plan to spend, two, or three week. in Germany joining Rep, Frear « Wisconsin who now in Berliy With them are A. A. Aran ° Wisconsin, former state secreta: of agriculture; Frank Conness, 2 interpreter in the New York 51) reme court who is familiar ussia, and D. L. B to the senators. They cae spend six weeks in Russia. “There is. so much being brought from all : the ‘truth seems to be obscure:i, said Senator King. “I have dec ed it will be best for me to stud the conditions at first hand.” Senator Ladd ticularly interes’ and economie status of the peasant whether it was, « ‘was reported, serge ‘wide spread illiteracy. wil study the relation built up betwee: the church and state and state ar London, land's income for a petied fen't During | ians failed to extract the coin. The}. successful, physician inserted a spec-| ial instrument through the child's, mouth and lifted the coin tip through it. Other physicia struments ‘sufficiently long to reach the, coin, the position of which was shown by an X-ray Physi form a cutting . operation through fear it would prove fatal. had iacked in-j di photograph. 1 8 had’ hesitated to per- Horses know at once when they} in have a Nervous rider,