The Bismarck Tribune Newspaper, July 24, 1923, Page 1

WEATHER FORECAST .Fair and warmer tonight. Wed- fhesday partly cloudy and warmer. ESTABLISHED 1873 BEHANDLEDIN BURLEIGH C0. Supreme Court Directs All Matters Transferred to District Court Here JUDGE~ COOLEY NAMED, Grand Forks Jurist Will Act Especially in the Many Cases Involved of closed banks in North will be settled in the Burleigh county district court, with District Judge Charles M, Cooley of Grand Forks presiding, under an order of the supreme court promulgated to- day. In making the order, the supreme court did*not sppoint a ‘supreme court commissioner to hear evidence and report to it im the exercise of original jurisdiction in closing up the aft: of closed banks, as provided in uct of the 1923 legislature, but acted under another portion of the same legislative enactment placing the matter in the district court of Burleigh county. The original application of Attor- pey-General George F. Shafer against all of the closed banks of the state, to have them declared insolvent and wind up their affairs, was ordered transmitted to the clerk of court of Burleigh county, and District Judge Cooley was directed to give preced- ence to the bank cases over all other matters, as provided in the legisla- dptive enactment. Order of Court The supreme court’s minute order follows: “Whereas, a complaint and original application for the exercise of origi- nal jurisdiction by this court has heen filed by the Attorney-General pursuant te chapter 23, laws of 1923, and, Whereas, this court after full con- sideration ‘of the same is of the opin- thatthe application should be disposed of under Section 18 of the Act by transmitting the papers and files therein to the Clerk of the Dis- trict Court of Burleigh county, and in the exercise of its supervisory jur- isdiction designated a District Judge to act, now, therefore, it ts “Ordered, that the original. appli- cation of the Attorney-General and all papers and files therein shall be transmitted to the Clerk of the Dis- trict Court of Burleigh county and that court shall be and is vested with full jurisdiction to hear and ‘try .all controversies concerning the admin- istration of insolvent banks, pur- suant to chapter 28, laws of 1923, and the court hereby designates the Hon. Charles M. Cooley, presiding judge of the First Judicial District, as the District Judge to hear and try the same. Such District Judge is direct- ed to give precedence to such contro- ies over all other work and in the position thereof shall be governed by the provisions of Chapter 2, Laws of 1923.” What Law Says The law referred to provided that “in case the supreme court shall be of the opinion that its original juris- diction does not extend to the, con- oversy or controversies referred to this act, or if for any other reason the supreme court shall refrain from exercising its original ju: jiction. with respect thereto, the proceedings shall not be dismissed but all papers and files therein shall be transmitted to the clerk of the district court of Burleigh county, and that court shall be and is thereupon vested with ful! jurisdiction of such proceeding, and thereupon the supreme court, in the exercise of its supervisory ju tion shall designate some district judge to hear and try anid contro- versy or controversies, and the judge so designated shall give precedence to such controversy or controver: over all other work and in the dis- position thereof he shall be govern- ed by the provisions of this act and endeavor in e' ery way to carry the same in effect Judge Cooley, it is understoqd, was named especially because all of the time of Judges Coffey and Jansonius' is occupied in the district, DIRECTORS OF * BANK SUED Hildreth Begins Action Against Scandinavian- American Bank Directors M. A. Hildreth, former United States rict Attorney for North Dakota, has instituted suit against directors of the defunct Scandinayian-Ame: Bank of Fargo for, $550,000 dam- ages, according to informatin here. \ Mr, Hildreth today. asked the secre- tary of state’s office for certified copies of reports made by the direc- tors to the state banking board for. the purpose, it is understood, of al- leging that some of the reports were’ _ false. been. said, ed to try the case, he : ; HERE'S REAL FREAK - Cardiff, Wales, July 24.—A poulfry. District Judge A. G. Burr has : BISMARCK, NORTH DAKOTA, TUESDAY, JULY 24, 1923 We 18 GAINS IN PEACE TREATY - BANK CASES TO iz HONOR CaNADA’s caRDINAL | NEOSHOPLAN © cific and Soo railroads, TO BE TOLD BUSINESS MEN Gurney Lowe Coming to Bis- marck Next Monday Even- ¢ ing to Address Merchants STARTED. IN MISSOURI Plan Developed Rapidly After Success Was. Proved in Missouri Town The Neosho or Golden Rule plan which has transformed the business situation in many towns will be ex- plained. in Bismarék next Monday evening, Gurney R, Lowe, author of the lan, sponsored by the Northetn Pa- ill speak before a dinner of business men of the city to be held Monday, July 30, ,at the Grand Pacific hotel under the | auspices of the Association of Com- ‘merce. Every business man is urged to be present, A. F. Bradley, secre- , tary of the Association of Commeree, : | way, This giows a small section of the crowd that turned out in City Hall Square, Quebec City, Canada, for the unveiling of the monument honor- ing Cardinal Taschereau. The famous Basilica, nearby, was destroyed by fire a few days before last Christmas. 10 ALTERNATE CONCRETE AND GRAVEL ROADS New Plan to be Tried Out on Highway to be Built on Mandan Side of River . —— F Alternate concrete, gravel and con: erete ‘sections will cdmprise the fed- -eral-state-‘road to be built in: Mor- ton county, from the end of the dyke east of Maridan through the North- ern Pacific underpass on which work has-been started, according to W..G. Black, state engineer. This will be the first time such, construction has been used in North Dakota, although it -has been tried out in the east. Instead of one solid concrete road} 18 feet wide, there will be two con- erete roads‘of nine foot width each, and a six foot gravel road between the two. The Northern Pacific railroad has begun work on the underpass on the Bismarck-Mandan road on the Mor- ton county side. The first step is to raise railroad tracks, it being neces- sary to raise the main line and north btanch tracks about 11 feet. The Northern Pacific will supervise work, the cost being shared equally by the railroad and federal govern- ment. The estimated eost is about $70,000. The Northern Pacific built an un- derpass on the Bismarck-Mandan road on the Burleigh county side, and the completion of the underpass on the Morton county side wilk eliminate railroad grade crossings between Bis- marck and Mandan, and give a paved road for a large part/of the distance | of about. six miles. Two persons lost their lives last year on the grade crossing on the-Morton county side of the Missouri river. 1% R. K. Grant, who built the North- ern Pacific depot in Glendive, arriy- ed in Mandan yesterday and has the contract for the concrete work on the underpass. R. A. McManery of the firm of McManery and Baumgartner, St. Paul, has the general track-raising con- tract, the track to be raised between 1l-and 12 feet. +The grade is being widened yee 15 feet, and the contractors are paring to raise the track ‘cedualy filling in under it. CRARY RENAMED STATE PRINTER) E. M. Crary of Devils Lake, has been reappointed state printer for two years, ending Jyly 31, 1925, the appointment being made by the state pfinting and publication commission. R..J. Murphy, in charge of Bl Sky Commission work, has been ap- pointed secretary of the State Secur- ities Commission, created andes a law effective July 1, ENGEN SEEKS TO CLEAR DEALS O,:L. Engen, réseiver of the Scan- dinavian-American Bank ‘of Fargo, a now endeavoring to pier. up rei estate deals of that ba: In Bi marck,-he|looked after Nantiih nected. with the receivership‘and on. aid. he ‘would s00n go to Michigan to in- Pi t Iatid which the bank took in ri for loan: ~ , Lee Eng., ‘July 24. cow held up several. expres: “trains| for Hours. whil inmen: trit NECK BROKEN IN LAKE DIVE Fargo, July 24.—Diving into two feet of water at the H. H. Thue cottage at Shoreham, Lake Me early Sunday afternoon, Axel Swan- son, of Horace, N. D., suffered a fracture of the vertebrae of the neck He is in St. Luke’s hospial today, paralyzed from the- neck down. Phy- ans said at noon that it was difficult to say what the outcome would be, for he ‘still is under ex- amination, EDUCATION T0 BRING PRACE OVER WORLD ‘Phis Is Idea af World Educa- tors in Convention, Miss Nielson Says Wisdom and Love are the mediums through which educational leaders of the world may aid in promoting world wide peace, was the sentiment expressed by delegates at the World's Conference-on Education and the Na. tional Education. Association conven- tion at San Francisco, Miss Minnie Nielson, state superintendent, said ow her return today with Miss Shirley Fox. Delegates from 60 countries, of 32 different races, in resolutions urged the elimination from’ school text. books of passages that would inspire hatred between nations and races, Miss Nielson said, and instead pro- mote justice and friendship. Uni- versal purpase{ameng educators may do much ,toabsing:.werld peace, the delegates believed, adopting as a slo- gan “Wisdom and Love. Among the surprises at the con- vention was the perfect English and familiarity with Amegigan,, ways of many delegates of ,othgy7acg; Nielson’ said; A. gropp of Slovakia educators | sang Sweet Home” and other American folk songs in English | 4 Miss Nielson visited normal and rural schools in southern Californi: and Arizona on her return trip. PUSHESRATE CUT REQUEST Governor Goes to to Chicago ' to See Railroad Officials echo- Governor Nestos, in a telegram: .from Chicago. to his office this afternoon, sald the Chicago, Mij- waukee and St. Paul railroad agreed to grant the $5 special harvest hand rate if the Inter- state Commerce Commission per- mits, and immediately wired ~~ pilestios for, permission ean inaton Governor R.A. Nestos, after ‘ob- taining: assurance frqm’ officials. of the Northern Pacific, Great North- ern:ahd Soo lines that application would be, made to the Interstate Com-| merce Commission for -permission, to effect a specie te for har- Mists a aun Placed ta, has gone to cago to make request of officials of the Ch ee and St.Paul’ ‘Thin: railroad did ‘not join:.in . the ford rate this year, but inaist-), ence is Ing voiced by the Gover-! said today, F. J. Elliott, traveling immigration agent of the Nor:hern Pacifie, rail- as in Bismarck today making rrangements for Mt. g. He said that. the railroads are sponsoring the plan be- cause it has worked wonders , for many cities, and the railroads @e- sire to aid the business men along their lines. Nesho plan clubs have been organized in Jamestown and Cooperstown on the present tour of North Dakota, he s: This movement, which, its advo- cates and adherents say, has brought town and country closer together than ever before, and has been a boon to merchandi has beey te: ed out twelve years and is now work: ‘ing in more than hal the state of the Union—those states in which it has been introduced, Tried in Northwest. After the board of directors of tha Associated Advertising Clubs of the World got behind the Neosho plan, which has the enthusiastic recom- mendation of the seu Railwa; Development eer eid, who blishing company of St.Paul and’ att ecently was vice president for \the Eighth district of the Associated | Advertising Clubs, began. an investi gation of his own, to convince hi self whether the plan was adaptable in ue Nobihyeati Crawford sent out dozens of rota to boosting organizations in towns where the’ Neosho plan had taken hold. He informed-them ‘that two of the railroads, the. civic asso ciations and advertising clubs of the Twin Cities were considering the advisability of getting Gurney R. Lowe, originator of the plan, to come to the Northwest to organize Neosho clubs. Of each official he asked when the club: wi number of members, number of sal hi effect these sales had on busi: ness prior to and following sales day; whether, in the opinion of the one questioned, the club has made its members better merchandisers; whether farmers feel more friendly to the town. He requested also any other information that could be given, Originated in Missouri. Neosho, Mo., wheré the plan had its origin in the mind of Mr. Lowe; was stagnating a little more than 2 dozen years ago. “No one knew it better than Mr. Lowe, for he was advertising manager for a nursery sompany and was in touch with both the farming community about Neosho the towns.in that part. of Mi souri. He knew also that the rela- sone between the Neosho merchants and the farm people were not what they should be. He went! among the farms on business tripp and received the views of the people. As he was a wideawake business man he was Problems and sing. The whole community—farms and town— must pull together to foster prosper- ity, ye so how this could be done revailing thought in the mind of Mr. fiaee. The Golden Rule plan took form; Mr, Lowe’s ‘business as- coleies discussed it. with: hi lub which was £ lop ne t e lines which Mr, Lowe pro- nosed had its inception, That was in 1910. The plan in general is to have spe- cial co-operative sales days, and it is seid’ to inclide features unlike any other special sales plan ever placed before the merchants, EXAMINATION: Examination for teachers profes- sional certificates will be held Aug: ust @ to 17 in Bismare! 4 pruplisetios it it he manager's’ post vator company. grt farmer, living’ near here, owns) a|to. chase)her off the tracks. By. al rior that it slep give:the rate because, Will leave for Yakima; Wash., to mal Semmionte’ ‘ch}dken. It unes: the legs when going forward, the. rear pair in retreating. Iittle pg into, she finglly was driven om which she had of reports -|southweatern ,part., of. the ...ata through which the railroad runs, 7 re his” hy ‘The Pratts, pion of; ii sesilent crop in the Ais” home. ‘ie Pi he. first Me-Intosh’ 4 ‘couple married in the ‘county. Ak CHILDRENRUN . DOWN BY ROYAL ENGLISH COACH Liverpool, July 24.—One of the carriages. in a procession, escorting the Duke and Duchess of York today struck a part of a large crowd of people. gathered, outside the royal @] infirmary, running down about 20 women and children. Thirteen persons were taken away in the ambulances,’ including seven children. There were broken limbs among the children, The carriage which caused the in- juries was the second in the proces- sion, coming nxt to the Duke's and carried the high sheriff of Lancastire and the Earl of Derby. The horses became frightened by the loud cheer- ing. CARRY CITY'S BOND MATTER TO THE COURT Judge Jansonius Is Asked To Interpret Questions in Water Works Bonds A friendly law suit was taken before District Judge Fred Jan- sonins who is holding court at Washburn, Jate this afternoon, to determine the validity of the $225- 000 water works bond issue vot- ed_by citizens. The action was- cae upon re- quest of Wood and Oakley, Chi- cago bond attorneys, to whom the papers in the water works leate ings were submitted after the s: 0 a group of Twin ae houses, The questions put before the ‘ourt. are; # .l1| The question submitted : to the voters asked them to vote yes or.no on whether bonds should be ued “to build or purchase” a water works system. Was this a dcuble question and illegal? 2. Does the law require a ma- jority of all voters in the city ap- prove a bond issue or just a ma- yority of the votes cast? It was provided that one- twentieth of the bonds would ma- ture each year. This would re- uire maturity of a $250 bond each year. The bond companies do not like to handle bonds of this a- mount. Would it be legal to ma- ture a slightly different amount each year to meet this objection? , The issue of warrants in con- nection with the water works sys- tem is not in question, and since the warrant issue was approxi- ‘mately $445,000 and the bond is- sue but $225,000 city officials do ‘not anticipate financial trouble as a result of the delay incurred by ‘the law suit. The suit is entitled R. P. Logan, Fred Peterson, C. Bertsch and others against the city of Bis- arck, The plaintiffs were petit- ioners before the railroad commis- sion for a review of the water rates and are friendly to the city’s procedure in the water works ac- quisition and extension. According to city officials the only difficulty which might arise from the situation would be a slight delay in taking-over the plant. The city, however, has un- til. September 9 to do this. City officials said that the bond attorneys held that the city’s posi- tion, was right, but since court decisions were-lacking in North Dakota believed there ought to be fa court gecision. The procedure was followed a year or so ago when the state made its first sale of hail warrants and is said to be a éommon procedure to place IBUNE [aon ASK RECALL OF LEONARD WOOD FROMMANILLA Entire Legislature Unanim- ously Demands Removel of Governor-General FOLLOWS STRIFE Originated Over Reinstate- ment of Head of Secret Service, Accused as Briber anilla, P. L, July 24 Harding's response to a formal de- id by the legislature night that Governor-General Leon- ard Wood be recalled here at once is anticipated asthe next important development in the political stor.fe which resulted last week strife in the resignation of the entire person- nel of the Philippine cabinet (and council of state! The recall demand was contained in a resolution’ adopted without a dissenting vote at a meeting of both houses of the legislature. All of the parties took part in the vote, which endorsed the stand taken by the cab- inet when its members quit in a body. Governor Wood now is in the pro- vince of Samar on an inspection of health conditions there. Smouldering hostilities between Filipino officials and Governor-Gen- eral Wood were kindled by the Gov- ernor’s reinstatement of Ray Con- olly, American head of the Philip- pine secret service, after the latter had been offi jy absolved of charg- es of bribery. This led to the resig- ation of Jose Laurel, secretary of he Interior, who had accused Con- olly. Then followed. numerous’ se: ns of heads of the political parti ind finally on July 17 members of the cabinet and council of state, headed by Manuel Quezon, president of the senate and principal foe of the Wood administration, went in a group to here last, ih FIGHTING oe President | CARL © MAGEE Even’ a judge can overstep his vernor Hinkle of New lared, as he pardoned >. Magee, “Albuquerque editor, fined heavily and sentenced to two years in prison by Judge David Leahy for alleged contempt of court. Magee criticized the judge's actio in some cases His case attracted nationwide attention STAR ROUTE TO BE PROVIDED TO FT. YATES important “Improvement in Mail Service Is Assured, Is the Governor-General’s_ office ‘and presented their formal resignations. They were accepted. RUST SEARCH NATION WIDE ASU. S. JOINS Department of Justice Will Send Circulars Through- out the Nation KILLED S. D. SHERIFF Minneapolis, July 24.—Search for Edwin Rust of Fast Grand Forks, Minn., who shot and killed Sheriff I, K, Fulker of Aberdeen, S, D., de- velopeg in a nation-wide in hunt today when W. J. Burns, director of the Department of Justice, issued or- ders to all agents to join in the search and planned to distribute 12,- 000 circulars bearing Rust’s picture. Rust is sought on a federal war- rant charging violation of the nation- al motor vehicle act, as well the murde; was killed on a train while taking Rust from Grand For€s, N. D., to Aberdeen, ‘Rust escapeg after the shooting. — 7 The federal charge, secording to department of justice officials, re- sulted from theft of an automobile bond issues above questions and } ;; make them more easily selenite: An immediate decision by Ju Jansonius is is is hoped for. _ for. U8. GUNBOAT RETURNS FIRE Answers Attack Made by’ Chi- nese Rebels, Report “Chane, Hupeh, Erivincs of China, July 24—Steamers arriving at I- Chang on. the Yangtzee river report that the American steamer Alice Dol- lar and a British vessel under escort ‘of the American gunboat Monogasy were heavily fired upon near Chung King. The Monagasy, according to the report, returned the fire, doing considerable Cll a of | ‘COMMISSION _ IN MEETING commission. sat as a property assessments. Before’ meeting as a board of complaints & on cross] ed the vicinity ore east and Thayer and 18th, oa = ‘and. 6th street, which, pro- Hsraute said, ‘ one, method mara and build- wer also Was con- warn officials to They also announced that Brown county, South Dakota, of which Fulk- er was sheriff, will pay $500 reward for Rust, dead or alive. POSSE HUNTS FOR SLAYER Thought Edwin Rust was Seen Near Mankato, Minnesota ‘Mankato, Minn, Jt July 24—Sher- iff Ed, Ario, of Bie Earth county and ne local police department, beth sp of six men, late last ight pod searching this vicinity for a mah believed to be Edwin Rust, slayer of Sheriff I. C. Fulk- er, of Brown county, South Dak- ota, followin: Fereipt of -informa- tion from & Albert Lea to be on the lookout for him, John W. Ario, ‘the sheriff's brother, who is a special agent for the and Northwestern railroad, is watching the railroad mes Word that the man believ- “Rust was in this vicinity ‘was. Pocacet about 9 o'clock last night. No clue, however, as to the slayer’s whereabouts was found to] UP - midnight. i WHER! E'S METHUSELAG.. Burbage, Eng. July 24.—Com-; bined ages of 10 children in. family, ‘here 906 years. The eldest sur- viving ia 83, the youngest, 61, f libel on action bi Word to the A. of C. SHORTEN TIME ae star route to provide better service between Bismarck and Canesabal and Fort Yates will be established. This is the message received by A. F. Bradley, secretary of the Associ tion of. Commerce today from W- Irv- ing Glover, third assistant postmai ter-general. Mr. Glover said that the fourth as- sistant postmaster-general, in chargé of rural free delivery routes was tak- ing up details withthe postmasters along the line with a view of es! lishing the star route between Can- nonball and Fort Yates and that when certain information is obtained the route will be Provided. The. campaign to improve the mail service between Bismarck and Fort Yates began after the recent state Postmasters’ convention, which Mr. Glover attended. The Association of Commerce * gathered petitions and presented their arguments. The star route would permit mail from marck to reach Fort Yates the day it is mailed, whoreas it requires two or three days now to reach Fort Yates by a roundabout route. NO ANTHRACITE STRIKE SEEN John Hays Hammond Believes That Men Will Work This Fall Boston, July 24—John Hays Hamntond, chairman of the Unit- ed States’ Coal Commission, and Thomas R. Marshall, former vice- president who is also a member of the commission, are greed. thad there will be no strike in the an- thracite fields this fall; that the coal commission will "not urge President Harding to call an ex- tra session of congress in con- nection with the fuel situation; and that the price of coal to New England consumers will not be higher than during ‘the last two years, according to a copyrighted article appearing today in the Boston Herald. Mr. Hammond and Mr. Marshall are’ in’ Glouces- ter for the summer For the commission to call an extra session of congress now to deal with the fuel situation would be uncalled for and an unwarrant- ed Presumpeion, Mr. Hammond was quo’ as asserting. SENTENCED FOR LEGION LIBEL Chicago, July 24.—Arthur Lorenz, former chief editorial writer of the Staats Zeitung, Gérman language newspaper, was sentenced to six PRICE FIVE CENTS [REMAINS AS AS | BRIDGE FROM EAST TO WEST Retains Constantinople, Puts Her in League of Nations on Equal Terms EXCHANGE PROVIDED Great Population Movement Provided as Greeks Are to Leave Turkey; Turks Greece Lausanne, July 24—The Lau- sanne peace treaty formally es- tablishing peace between the Eu- ropean powers and Turkey was signed today. By the treaty of Lausanne Tur- key 1egains Fastern Thrace ‘and becomes the bridge between the East and the West. She joins the League of Nations on a foot- ing of equality. Constantinople goes indefinitely to Turkey. All foreign ships will be with- drawn, The treaty makes peace be- tween Greece and Turkey. It permits the patriarch of the Greek orthodox church to remain in Constantinople. It launches one of the most stu- pendous human movements in his- tory by its compulsory exchange of population, the Greeks in Tur- key to return to Greece and the Turks in Greece to. return to Tur- ey, if fails to solve the Armenian problem, Armenians being obliged to find a new haven. It reduces Turkey’s size by: re- cognition of detached mandated statgs like Syri: Mesopotamia and ales ine, It rids Turkey: of judicial ca) itulation, as China vainly soug! t to accomplish at: Washington and which Japan ‘achieved only ‘after two decades of struggle. In only one way is Turkey treat- ed differently than other countries; foreign legal advisers will be em- powered tod rieewe complaints re- lating to arrests and imprisonment of foreighers.’ Turkey, which has been at war for 12 consecutive as although Tanase & the World War as an Boes Germany, came to the cou: table at. Lausanne as a vic- torious nation. Turkey’s recon- structed army under Ismid Pasha pea comb lately, routed k LIONS CLUB WILL AID IN ZONING PLAN Committee Is Named to Work With Other Committees to Consider Matter The Lions club will cooperate with the Association of Commerce in working out a ‘soning plan for. Bis- marck, The club, at its weekly luncheon at the Grand Pacific Monday, appointed F. E. Hedden and L. J. Wehe on a committee to operate with committees of other clubs and the A. of C. at the request of the latter organization. The club also adopted a new con- stitution and by-laws, taking the mo- del worked out by the international Lions clubs organization, A committee on elections was nam- ed by Chairman Fred Peterson and the annual election will be held in Obert A. Olson told the club of his recent visit to the Graybull, Wyom- ing, oil fields and related in interest- Aug manner many incidents gs his trip. DAKOTANIS JOHNSON’S AID ‘Named Secretary to United States Senator-Elect. Minneapolis, July 24—Senator-elect Magnus Johnson announced today that he had chosen H; Teigan of Minneapolis as hin private secretary. Mr. Teigan served as manager of the Magnus Johnson campaign com- mittee of the Farmer-Labor party in pecial election and has tified with the Nonpartisan its secretary since “its. - ception in North Dakota. ‘He formerly bare school in] Dakota. months ap the house’ ef correction]. and fined $1 and costs by Judge Hugo Pam in the criminal court, after overruling a motion for a n ‘with triminal by. the Ameri- can Legion, which charged that: an editorial he wrote and published re- cag an niembers ‘of ie organiza- it < Lorenz was charged