The Bismarck Tribune Newspaper, July 18, 1923, Page 1

WEATHER FORECAST, Partly cloudy and somewhat un- settled tonight ani‘ Thursday. * ESTABLISHED 1873 U.S. OPENS NEW «SUIT AGAINST \ a - NQCOMPETITION, CHARGE “petition In the industry. * HARVESTER C0. & Seeks Division of Internation- Harvester Company Into 3 Corporations al Action Is Started in District Court at St. Paul by Attorney-General St. Paul, July 18—The United States government, through Attor- ney-General Harry M. Daugherty, yesterday filed a petition in federal district court here seeking division of the International Harvester Com- pany into three separate corpora- tions. : The government alleges that ‘he; dissolution decree entered against the company in 1918 did not re- store competition in the farm indus- tty; that the company still is a monopoly and that the number of; competitive concerns is shrinking speedily .. The dissolution petition was pre- Jvented by a special representative of the Attorney-General’s office in hington, which will handle the case for the government. Federal court is not in session h2e2 now! and the petition was locked up in a safe until the return of Federal Judge J. F. McGee and United States District Attorney Lafayette Frenen Jr. from Duluth Z Makes Reply The filing of the petition brouzat about a speedy reply from Alexan- der Legge of Chicago. president of the company Mr. Legge’s state- ment contended that the company was acquitted of wrongful acts and unfair competition in 1918, He said that the petition charges the company with lowering prices to the detriment of competitors. not with raising them to the injury of the farmer. H arings on the petition, he said, will show that farm machinery prices ara the result of sharp com- Still Combination The government will seek a new decree holding that the Harvester company “still is a combination in restraint of Interstate trade and commerce.” Farmers of the company will suf- fer “if the company’s monopolistic control of farm machinery is allow- ed to continue,” the petition recites. The 1918 decree, according to Mr. Daugherty, has proved inadequate to break up the alleged restraint’ of trade and production ‘of farm ma- chinery. The complaint mentions the fol- {owing companies as being in com- ination to restrain trade: The International, Harvester Co. of American, the International Flax Twin Co., The Wisconsin Steel Co. The Wisconsin Lumber Co, the IIl- inois Northern Railway and the Chi- cago, West Pullman and Southern gailway companies and ‘the officers and directors of all of these. INCORPORATIONS Articles of incorporation with thes Secretary of State: he: ''Page Elevator Company,| Page; Cass county; capital stock $25,000; incerporators, John Brandt, Joe Still, W. \H. Dennis, E. C. Mar- tin, E. DivWallace, J. C. ler, Ed. Bumgardnerhs if Page Lumber’ Co., Page, Cass county; capital stock $25,000; in- corporators, W. H. Dennis, H. Erick- son, John Brandt, Ed, Wallace, E. C. Morton, Sig Bjuken. , Expansion Elevator Expansion, Mercer county; capital stock $8,000; incorporators, H. W. Bohrer, Mannhaven; 8. H. Hilde- brand, Jacob Behwenie Ferdinand Rahn, Fred Adolph 'Sr., all of Krem. filed Company, WARD TO! ISSUE $250,000 BONDS FOR CASH BASIS Minot, N. D., July 18.—County Auditor R. W. Kennard has signed $250,000 worth of bonds, which Ward ) county has floated for placing it on a cash basis as required under laws en- acted by the last legislature, and also” to care for claims of school districts and other polit bdivisions for delinquent tax jies and interest, collected by tl ounty. © The bondstwere purchasett’ several weeks-ago by the Second onal, Union National .and ‘ Scandinavian American banks. of Minet. They bear 51-2 per cent interest and ma- ture in 1948, 4 A - Subdivision claims total‘ approxt imately $142,000, it ig sdid. 4 ——_——— ‘ BRIDGE ASSURED. New England, N. D., July 18—Four miles of highway, including Main St. here and a large concrete permanent bridge over the Cannon Ball river, here will be built this summer through federal aid, it was announced following a meeting of state highway commission. representativer id. lo- .cal_ county and. city commissioners. The bridge over the Cannon Ball will cost more than the city. or county col e to put ihto it and i§ pos- sibly only through federal sid, ft was said.’ ‘The plans were appr for ‘ {immediate ‘call. for bids and contract THE BIS BISMARCK, NORTH DAKOTA, WEDNESDAY, JULY 18, 1923 -TRIBUNE [naam HOME BUILDERS’ CA Above, a general view of the wreck’ at, Harrison, N.J., where two Hudson tube trains sideswiped each other as they passed. One pagsenger was killed and 18 injured. Below, wrecking crew at work. ‘Nate how near: wreck was to edge of elevated structure, several miles from tunnel entrance. HARVESTER IN” ANSWER TO NEW PROSECUTION — ee Now Charged with Lowering Prices Too Greatly, Com- pany Head Declares The Harvester company’s attitude in regard ‘to the petition just filed against it by the government in the United States district court at St. Paul, Minn., is set forth in a state- ment by Alexander Legge, president of the company, which has been received by P. R, Fields, branch manager of the International Harvester Company of America in Bismarck. Mr. Leege’s statement says: “This petition is a continuation of the suit brought against us eleven years ago. Upon the hearing of that case held more than nine years ago, the Harvester company was acquit- ted, both by the findings of the court and by th attorney general’s admission, of any ‘wrongfal dealings. orunfair practices toward customers or competitors, but, toinsure the fuli- est competition, a decree was entered in 1918 requiring the company to sell to competitors: certain complete lines of ‘harvesting machinery, and to limit its sales ‘representation to a single dealer in any one town., “That decree further provided that at the end of a test period which has now expired the government might ask the court to determine whether or not the free competition ntemplated by the Sherman jaw ex- ists in the farm implement industry. This step the government has now taken. aj “As we understand it, the sole is- sue raised by the present petition re- lates to competitive conditions with respect, to harvesting machines only. not charge the company with ly raising the price of harves' machinery to the grave injury of the American farmer, as was charged in.-1912, but it does charge that the any has been unduly depressing the price of harvesting machinery, particularly since 1920, ° the injury of its competitors. “During the Inst few years the whole farm implement industry has been in ‘an-abnormal and distressing situation which directly reflects the situation’ of the f¢rmer. High costs of labor, material and transportation have. burdengd it with high manufac- turing costs;\while on the other hand low prices: f ricultural ‘products have left thé) farmer unable to buy his normal: snd needed requite- ments of farming machinery. “We are confident that the hearing on the present petition will clearly show the Harvester hag gid is not in any, way, ponsible for these con- ditions in the farm implement indus- try. Prleps: of ‘harvesting machinery are the result of vigorous. competi- jon, exagtly the kind of competition which the’ n_ law. was. enacted to pret nd are fairly compar- ‘able with the prices of other imple- ments which the. government con- ceden were fixed by normal -competi- tion.” > estern NaDi: ” Lawyers Named Three western North Dakota law- yers are among those honored by vote of members of the state bar us sociation, their names te be placed before the Governor for selection of members of the stute boafd of bar cxaminers. The attorneys, in order their standing, are: Charles J. | Fisk, Minot, present member of. board; Aubrey Lawrence, Fargo; George A. Bangs, Grand Forks; C. 1. Young, Bismarck; John Knauff, Bis- marck; J. M. Hanley, Mandan; Charles E, Wolfe, Wahpeton; W. F. Burnett, Dickinson; S. D. Adams, Lisbon. ‘DEATH CLAIMS PIONEER AFTER Mrs. Sarah V. Lowe Wood- mansee Succumbs This Af- ternoon to Strain of Nervous Breakdown" IN STATE MANY YEARS Mrs. Sarah B, Lowe Woodmansee, pioneer settler in the state and reé- ident of Bismarck for the past twen- tystwo years died this afternoon at 1:20 o'clock at the family residence on 423 Fifth street after an illness of but five weeks resulting from a nervpus breakdown and complita- tions. She was 69 years of age. - During her years of residence in Bismarck “Mrs. Woodmansee. had made many friends. She was an act- ive member of the MeCabe Methodist church and took a leading part in all its activities during her many years residence here. For twenty years be- fore-coming to Bismarck Mr..and Mrs. Woodmansee resided in Steele, where they took an active part in the up- building of. the community life in that vicinity in the early days when the frontier life developed the char- acter of its individuals. Mrs. Woodmansee was born at Ur- bana, Ohio, Dec, 39,1854, ang was married to, T. J, Woedmansee of St. Clairaville Ohio, Dee. 24, 1874. They migrated to North Dakots; about eight years later. Pane by -her husband, Mr. Wood- mansee, in years, older than ‘daughter, .Mrs.. Robert | Mazzoy of Edmopton; Can. who. was called to’ the bedside -of her mother “several weok: J: Woodmansea of. the Woodmansee Stationary store of this city, Mr. and,’ Mrs. Woodmansee dnsied butia rend ‘af celebrating their fifticth wede aniversary, — § — Whil aoe ents have not bean definitely completed it in thought that funeral, |. will be from the be Methodist church Fridav afternnon’at 2:80 o'clock with Rev. 8. F. Halfvard officiating... In- terment. will take place in ‘the Fair- SHORT ILLNESS ‘The deceased is, HAVE 80,000 | PLURALITY: | Speculation Is Rife as to Next Senatorial Election in 1925 ‘St. Paul, July 18,— Reports from 2,996 precincts out of 520 in the state give Johnson 266.545; Preus 186,786, and Carley 18,245, a lead of 79,459 for Johnson over Preus. St. Paul, July 18 — With the United States Senatorial situation isettled now until the 1924 fall elec- \tten interest of political observers were turning today’ to probable de velopments when the 6-year sen- ator term is up for consideration. Magnus Johnson, Farmer-Labor- ite chosen in Monday’s election bv. a plurality of more than 80,000, will serve under that mandate through the unexpired tenm of the late Sen- |etor Nelson, which ends in March, 1925. “His friends declared it | natural. conclusion? to assume il: he will seek the six-year term a the usual spéculation began crop- ring out today as to his likely op- ponent in the Republican ranks. Governor J. A. 0. Preus, Republi- can, who met his first political de- feat at the hands of Johnson Mon- day, continued. silent today, saying he had no intention of issuing @ statement at this time. Hig term as Governor expires January 1, 1925. . 1. Senator-elect Johnson was hack tome on his farm at.Kimball, Mi nesota, today ready “to pitch 1 and help get the harvesting out ithe way. before he formulates his progrem for action in Washington. LADIES AND ALUMNI HELP Wilton July 18.—The Wilton Ladies | Aid made a donation of $23.60 to be | uded on the local school. Large n | foot scrapers and cocoa mats have been ordered to keep some of'the mud out: during wet weather and the balance will be used for books, for the high school library. ‘The class of 1922 ‘voted to turn over their balance of $26.00 to the H. 8. library fund. This will be & big boost to the library, Through entertainment funds, etc., two hun- dred books were added to the grade Wbrarv, piving each’ room twenty-. five new books. + ‘WARD DANCES HELD ORDERLY. Minot, N: D., July 18—Rural dances in Ward county are being conducted in an orderly manner,'declare deputy sheriffs. In a very few J there have been ba} disorders jm offenders are held Jamestown + Cross’ nurse, the count ‘Wao tly take Vee eer (GENERAL WOOD |25 EAGLE SCOUTSINBISMARCKON = JOURNEY TO YELLOWSTONE PARK AS ASSAILED IN PHILIPPINES Entire Cabinet and Council Resigns in Protest Over Governor’s Actions “LA7IM~ INTERFERENCE Charge ‘That He Desired to Interfere in All of the Smallest Details Manila, P. I., July 18.—The Phil- lipine I ids and the city of Manila were virtuatly ‘without native par- ticipation in the jer departments of their government today as a re- sult of the resignation yesterday of four cabinet ministers the presiden. of the senate and speaker of tho house of representatives. The secre- tary of interior and meyor of Manila had previously resigned. Insular administrative affairs were wholly in the hands of .Governor- General Leonard Wood and his Amer- ican appointive assistants. He and hig American aides gtust assume the whole burden of government. until successors can be found for the re- signed officials, So far Governor Wood has not of- ficially indicated how he will meet the situation, Yesterday’s resignations followed all-night and all-day sessions of members’of the various Fillipino kroups, of/the council .of te and of the leffislative council at the gov- crnor-general’s official residence. Led by: Manuel Quezon, president of the senate, the officials marched in- to the office of the Governor-General 1s said they resigned jointly as the council of state and individ- jually as*department heads. The reasons for the resignations en were objections to what the of- {ficials characterized as the Governor- General's policy of wishing to inter- vene and control even to smallest. details “our government, both insu- lar and local, in utter disregard of the responsibility of partment tcada ang others concerned.” PHONE DAMAGE IS 100 GREAT Case Must be Tried Over Again, Court Rules Minneapolis, July 18.—-The only ease in history in which a sub- scriber was awarded damages from a telephone company for poor serv- ice must be tried over again, ac- Judge Dickinson, filed today. Judge Dickinson declares the verdict for $1,000, awarded George 8. Grimes, Minneapolis attornev, against the Northwestern Bell Telephone Exchange Company ‘by a jury on Dec. 1, 1922, is excessive. Tf there was any damage it should have ‘been for merely a nominal amount, the court held. In his opinion Judge Dickinson says there was no necessity for Grimes, who valued his time at $50 a day, losing precious moments because central kept getting wrong numbers. His stenographer getting $3 a day should have been assigned that duty, the court said. COW CIRCUIT IS PLANNED Meeting to be Held in A. of C. Rooms Here Thursday A meetiing will be held in the rooms of the Association of Com- merce, on Fourth street, on the sub- ject of organizing a Burleigh county cow testing association, Thursday at 1:30 p. m. More than 25 farmer of Burleigh county are expected into the city for the meeting. Attention is being given by the’ postoffice department to the Associ- ation of Commerce petitions for bet- ter mail service between Bismarck and Fort Yates and Cannonball, ac- cording’ to information reteived by A. F. Bradley, secr H, H. Bil- y, fourth assistant: postmaster- general, Washington, wrote to Mr. Bradley that the matter was being taken up with postmasters at. Can- nionball and Ft. Yates for the purpose of securing certain information from them. Mr. Billamy is in charge of the rural mall service in the United States. ; » HETTINGER RETIRES NURSE, * Mott, N. D., July 17.—Because of some “sore spots” over the strict en- forcement -of quarantine and other health regulations by M! Ragna Frederickson, Hettinger county Red ‘0 ‘commission ‘bas decided to retire hér and, obtain , another Red Cross nurse as soon as possible. In taking the action, the. ‘commission received many, expres- sions of appreciation/of the work of lise. Frederickson, who has, been of- fered another position elsewhere at a higher salary. in HS j noon. cording to a decision of District} gue Falls and Fargo with the addi- tion of three Bismarck Scouts who Joined the party here, left Bismarck early this afternoon to continue their three weeks trip to Yellow- stone Park. It was a happy bunch both in the Bismarck tourist camp and in three big trucks as they pull- ed out. The party reached Bismarck about 4 o'clock yesterday .afternoon from Jamestown, which was the first night stop, They unloaded at the Bismarck tourist camp a mile and a half east of town, and thes were taken to the swimming pool where the Scouts soon forgot their dusty journey from Jamestown. After supper at_their camp, sever- al Bismarck men, fathers of Scouts, took the boys for an automobile ride. They visited old Fort Lincoln and tho old Indian village ruins, A party of Bismarck Scouts met them as they reached here late yesterday and cheered them as they departed, FIRST FIELD OF WHEAT CUT IN MORTON CO. Man lan, ° July 18—A_ new record! for early harvesting of wheat was set Saturday by Abe Leahto, who Nves 19 miles southwest of the city. Leahto cut a field of 80 acres of mar- quis wheat, which was dead ripe. Several ‘other fields of Morton county are about ready for cutting, . Black rust, which has made Hs appearance in Morton county. in isolated cases will not cause great damage. MAN OVERCOME BY THE HEAT J. A. Cull of Fargo Quickly Revived—Temperature J. A. Cull of Fargo, of Bishop, Brissman and Company, was over- come by the heat while at the state capitol today conversing with Gov- Jernor Nestos, but was quickly reviv- ed. . Another Yase of a visitor in the city being evercome by the heat was reported late yesterday. A man fell on the sidewalk on Main street, but after receiving aid from by- standers, went about his business without giving his name. The thermometer was starting to- ward a season's record this after- It was 92 at 2 p. m, while the season’s high mark is 94.5. The heat wave is general over the Northwest. Some relief is in sight, according to the weather bureau, which predicts somewhat cooler weather tonight. Temperatures have fallen in Al- berta and Saskatchewan, and there is a high pressure area over Seat- tle which may come this way. The coldest place in the United States this morning, according to the weather bureau, was Winnemuc- ca, in the deserts of Nevada. The lowest there was 40 degrees above zero. NOW COMPLETED Cabinet Meeting Is Postponed Because It Is Not Ready London, July 18.—Owing to the non-completion of certain clauses in the British draft of the reply to the German reparations memoran- dum and the explanatory letter to accompany it,the cabinet meeting that wag to be held today was post- poned until tomorrow morning. The: most rigid silence is bein observed by every one connéctet with the foreign office regarding the nature of the British response: MANY BIDS ON MINE. Velva. N. D, July 18.—Several bids for the purchase of the assets of the Velva Coal Products company, now under a teceivership, have b ceived by A. P, Berget, receiver. bid of $1,003.37 was submitted, by Steyens Brothers of St. Paul and Garrison for the entire equipment ang assets. The brothers have been operating a big strip. m' jarri- son and if they gain control of the Products property, it is believed they would develop it this fall. \Mr, Berget will submit the bids to District Judge Burr for final action. MINOT COUNCIL WINS BANNER. Minot, N. D., July 18.—Minot dis- trict council Boy Scouts of America, has won the banner offered Re- gional Scout Executive C. N. Meserve of St. Poul, for the first class council in region 10 securing the largest pro- portional’ increase in Scout enfoll- ment during the recent national REWARD FOR WINNING HIGH RANK; Twenty-five Eagle Scouts of Fer-; thoir departure being delayed be- cause of necessary repairs to one o! the trucks. The t was made -possible by, the Kiwanis club of Fargo, and is a reward to the Scouts for their ef- forts in achieving the Eagle rank, An Eagle Scout must pass the fol, lowing tests: first aid, life-saving, personal health, public health, cook- ing, camping, bird study, path find- ing, pioneering, athletics or physi- cal development, with ten additional tests selected either by the local or district Scout Council. The boys are traveling in trucks] obtained from the highway commia- sion, the trucks being of the sur- plus war property. The Bismarck boys the party were Bruce and Glenn Wallace and Art Nathan. John Lofthouse, member of the Fargo trip, whose parents moved here re- cently, was to join the party but an injury to his knee prevented him from doing so. The boys are in charge of Scout Master Wastrom. who joined —— STATEMENT OF INTEREST DUE TO MILL BODY State Treasurer Says $147,000 ‘| bonds. Was Due on July 1 to Meet Bond Interest Statement of the amount of i tor Association on the bonds i to build the state-owned mill and elevator at Grand Forks has been sent to General Manager C. E. Aus- tin by Treasurer John Steen. The statement sheys $147,162.07 interest was due, July 1, Bonds issued total $3,000,000, of which $1,400,000 are 6 ‘percent bonds and $1,600,000 - are 5 1-2 percent The total interest due July 1, 1923, amounted to $258,000, butt ‘Troy thie the ~treagizer-- deducted 847.98 refunded at the time of delivery of bon leaving a net amount due of $147,162.07. The statement does not include interest due by the mill and elevator. ation on the $25,100.00 old mill and elevator bonds issued on the Drake mill property, dated January 1, 1920 and cancelled October 8, 1921. According to the terms of a mort- Bage and trust deed held by the state treasurer as trustee, and exe- cuted by the industrial commission Dec. ‘27, 1922, the mill and elevator association is required to pay the interest. If default is made by the association in payment of interest, the trustee is entitled to possession of all property and can demand the surrender and yielding up of the property covered by the trust deed and mortgage, according to its terms. Regardless of whether the mill and elgvator ciation pays .any interest on the bonds, however, the interest is being paid as fast as coupons are presented to the state treasurer, interest money being de- rived from taxation. ‘ THE WEATHER ‘4 For Bismarck and vicinity: Partly cloudy and somewhat unsettled to- night and Thursday. Somewhat cooler tonight. For North Dakota: Partly cloudy and somewhat unsettled tonight and Thursday. Somewhat cooler tonight. General Weather Conditions Showers have occurred at many places throughout the Plains States but very little occurred in the Da: kotas. Scattered showers have also fallen in Ohio and over the north- ern Rocky Mountain region. Skies are mostly clear this morning in all sections. Temperatures are high over the Plains, States bat cooler meatier prevails. west of the Rock- les. North Dakota Corn and wheat Stations. Amenia BISMARC: Bottineau Bowbella . Devils Lake Dickinson Dunn Center Ellendale . Fessenden + ° ry 2 SABO OIG RIGOA0 60 C 62 .01 PC 680 Cc “roundup.” Region 10. inclydes North [2 Minnesota, and South Dakots and OWN Ls PRICE FIVE CENTS SE REVERSED HOUSES TO G0 TOBUYERS FOR “FAIR VALUE" Court Holds That Home Buy- er May Get His.Money Back on House at Fair Price $5,000 LIMIT UPHELD Law Provided House Couldn’t be Built Costing More than $5,000, Court Holds The supreme court. reversing the decision of District Judge Thomas Pugh in the case of George E. W: lace. former state ‘tax commission- er, to force the Home Building As- sociation of North Dakota to deliv- er him a deed for a home built by the state ciation in Bismarck. today decide 1, Section 6 of the fit Builders’ ‘Act is held to author- ize construction of homes for members of, the Home Buyers’ League, who have assumed the prescribed contingent liability to the state. Wallace was not a member of a Home Buyers’ Lea- The came section “is con- strued to place a limitation of $5,000.00 upon the price of a home to be built) for such a member, and, in applying the limitation, the house and lot is considered as real property and as an entity.” 3. Since the Wallace contract was invalid because he. was not a member of a Home Buyers’ League and by reason of the price being in.excess of that au- thorized, by the statute, the court holds “the contract will - not be. apecificalty enforced, but in an action to enforce it, equl- table considerations will be ap- plied to an alternative judgment directed, giving the purchaser the option to obtain a return of advancements made with inter- est or to. require the state to convey upon the payment or ae- , curiug by him ef the reasopable value, of the property.” ... ... . The case also was remanded to Judge Pugh for further action. The court’s opinion was signed by Jus tices Christianson, Nuessle ani Bronson and District Judge Cooley t Sustains State “The decision sustains the con tentions of the state in its supple mental brief and oral argument said Attorney-General. George Shai er. “We contended that the cor tract was invalid, if. there was « contract, because the $5,000 limita tion had been exceeded and Mr Wallace was not a member of « Home Buyers’ League. Contendin: that the contract was invalid, w could not ask that the state act on it. In the situation, we contende:) the fair and just solution was ths the purchasr should turn back th house and obtain a return of ac vancements. or the property shou be conveyed a reasonable value. In the Wallace case he contende: that the state agreed to furnish hid the home for $5,300. excluding ex tras, and Judge Pugh held that th. state had made. a contract with hir: and should deliver the house at: the agreed price of $5,820. , The house cost, according, . to books of the Home Builéing Asso- ciation, $11,720.45, Under the decision Mr. Wallace may return the house and receive back from the Home’ uflding Asso- ciation $2,900 he advanced or he may obtain the house for the “rea- sonable value.” Under a law of the 1928 ‘legislature it was: provided that in liquidating affairs of the Home Building Association, arbitra- tion might be resorted to fix a fair value of the property, at which price it might. be delivered. Not Typical. of. All The Wallace case is not typical. of all of the cases of persons for whom homes were built—about 50in num ber—but is typical of most case: especially in that the cost exceede:! $5,000 and the person for whom tii home ‘was built’, dlaimed “a | verba! contract for, delivery of the hous: at a price much less than the hous¢ cost the atate. 4 Settlement under the detision of the court, it is believed, will reduce the losses of the Home Building As- declared the is somethitg more than the ¢en- tract price claimed by ‘the persons for whom they were built. ° In construing the law to mean that the price of houses built could not exceed $5,000 the supreme court decided a question which was pbatti- ed over im ‘political. campaigns, Non- Person for. ceed $5,000. .