The Bismarck Tribune Newspaper, July 25, 1923, Page 1

a sy at | 9 if q q “| ) § WEATHER FORECAST Partly claudy tonight and Thurs- day; probably thundershowers. TRIBUNE at CENTER STREET ||" Love AND Love ALON TAX MATTER PARKING WILL BE CONSIDERED “Map Drawn by State Highway, Commission Engineers for Association Committee tO DISCUSS PLAN More Tourists on the Red Trial Now, According to In- formation to A. of C. Re-arrangement of automobile parking in the downtown district ot Bismarck is to be considered by the traffic committee of the Association of Commerce. A parking plan was prepared by state highway commission engineers at the request of this committee, ang this plan will be considered this week by the traffic committee. If approved, it | wil]. be recomménded to the city com- mission for consideration and adop- tion. Center parking wherever possible in downtown streets is urged in the | engineers’ plan prepared. It follows: he Main strect—center parking, S2c- ond to Fourth streets; no parking between Fourth and Fifth (street car line; center parking Fifth to Sixth streets, Broadway—Center parking, Second to Sixth streets, | Thayer—Center parking, Third to Fifth streets, » Third street—Center parking, Main to Thayer. Fourth street—No parking, Main to Thayer (street car line). Fifth street—Center parking, Main te Thayer street. The question of the acvantage of center parking over curb parking has heen discussed in many cities, and many North Dakota cities are using center parking. The chief problem in Bismarck, according to engineers, is the matter of parking along the route of the state street car line. Center parking is. of course, impos- sible, Curb parking, as at present, leads to congestion and accident dan- ger, it is declared. No parking would prevent, automobile parking in a district where many park in order to transact business, The Association of Commerce, Sec- retary A:-F. Bradley said today, will co-operate in the organization of the North Dakota State Automobile as- zociation, and will open a branch ? pureau here. The office 1s now wait- ing for emblems. and application blanks before beginning work. O. N. Dunham of Bismarck is a director in the state association, | Travel on the Red Trail by tour- ists has increased in the last month, according to Mr, Bradley. He said that tourists are being routed over the Red Trail by many agencies in inneapolis, St. Paul and Fargo. Ad- , Gitional compliments for Bismarck’s reconstructed tourist camp have been received in the last week, Request is made of local people go- ing to state conventions to notify the Association of Commerce so that the information may be turned over to e convention committee, to take ac- ifn with relation to securing more onventions for the city. The time for the dinner Monday | evening at the Grand Pacific hotel at which Gurney Lowe will explain the Neosho plan of co-operative merchan- dising, has been fixed at 6:30 p. m. WATER PLANT ~LBYIED UPON Sheriff Hedstrom Holds Pro- ’ perty for Payment of Taxes Lory hE ae Sheriff Albin Hedstrom today com- pleted work of levying on the prop- erty of the Bismarck Water Suppl, company to insure payment of tax There will be no cha in the ope: ation of the company unt the city takes it over, the action being taken as an ordinary measure of precau: tion since the property had been sold and is owneg by @ foreigm corpora- tion, the sheriff said, No objections were raised to the action. i The levy is for $88,877.45. The 1923 taxes timated at. $10,000, but gince it is expected the transfer will be made soon all of this amount will pot be owing the county from the Jpeompany, th eriff\said, ACCEPTS 13,000 SETTLEMENT , July 25.—Mrs. Ellen Benni- of this city but now residing in cepted the settlement. of $13,000 of- fereq her by the Great Northern Railway company, for the death of her husband, Engineer ©, C. Bonni- well who with his fireman and brake: man, were killed as $ result of:a boi er explosion at Roach, N.D., April 16, 1923, paces rh to = communication: received ce’ settle sr eae belt of-4 / goes to the low and one-hi pt of the family. the five minor ehilds to go thoroughly into the matter. ” = - “Please don’t refer to our marriage as a ‘screen marriage,’” pleaded Lionel Barrymore, who recently married Irene’ Fenwick (above) at Rome: , “This fs a love match,” he added. ‘ To which Miss Fenwick agreed most heartily. INVESTIGATES CITY CARRIER MAIL SERVICE “HARMONY IN LEAGUE ASKED Minot, July 26—An effort to gather together the factions of the ‘Nonpartisan league which are war- {ring upon each other wae made at the close -of thé’ Heague, conference here when harmony resolutions were adopted. 1 The sesolutions ‘déclared in favor Postoffice Department © In-| o¢ 9 daily newspaper owned by: the pector Loo farmers. ; iapecter) Looks Over ie They also recommended a special Needs of Bismarck session of Congress to fix a price on wheat, and: that, the next state ‘convention be held in Minot. SEES LIQUOR LAW ENFORCED North Dakota Makes Good Progress, Says Dry Director Investigation of the mail carfler service in the city of Bismarck 13 being made by an inspector of the poustoffice department, with a view of determining whether or not the city shall have additional carrier service, Postmaster Murphy. sometime ago made request, stating that al- though the city had grown the car- rier service had not been readjus' ed to the growth of the city for many years. Since July 1 new ap- propriations have become available for the postoffice department which it 1s expected will make posstble extension of service in many cities. The local postoffice has received request from the postoffice depart- ment to urge upon the public the importance of placing return ad- dresses on letters in the’ upper left-hand corner of the face of the envelope, on the same side as the address of the person to whom the letter ig sent. Many letters have return addresses gn the back. This not only. makes unngcessary work for postal employes but results. in many letters being sent to the “dead letter” office and consequént long delay in reaching the person Fargo, July orth Dakota is making a splendid record in the en- forcement of the federal and, state prohibition laws, according to Sher- man A. Cuneo, Washington, D. C., director of the information depart- deral prohibition di dR. ,F argo, confer. ring with state,enforcement official: f ¢ lew has been factor in''the enforce- sald Mr. Cuneo tew states, nating AB "dtreote Bt) Bde an importa ment of the law,” today, “and there are ve with as. goo 1 questionable resorts, for whonr intended. of the cities, ‘Th other states the places for- merly devoted to saloons hi been taken over by legitimate mercantile anies and thousands of them in BURNSTAD IS BOUND QVEER iss entire tact ih ee: ‘ies were wrong when they said that prohibition would drive many people out of business.” “The effect of prohibition is not shown by the number of arrests or the amount of the fings collected. Enforcement and the benefits of en- forcement haye become apparent. They can-be seen. “Observation shows that there is ‘scarcely a ‘locality where a woman cannot walk alone at night withou being molested by & drankard.or ing forced’ to pass some dive where drunkards are gathered, McCLELLAND IS _ REAPPOINTED i Declares That Car and Feed Shortage Cause Difficulties Bozeman, Mont., July 25.—Chris P. Burnstad, of Barnes ot tr) fete mally charged in the district cour of atiaie ‘county July’ 18 with fraudulently obtaining the sum of $80,000 from the St, Paul Cattle Loa company of South St. Paul, Minn., ‘August, 1919, furnished cash bail in the sum of $3,000 and was at once re- leased. He left on the afternoon train for his home in North Dakota. The alleged crime for which Burn- ‘was brought back from) North 5 ota to: answer hinged around the > 4 ‘ fare a ea, SF | th pte ee an Mae Willow Crook. for which the loan dan, and Burton W Y acaatint ; says it furnished the! sum ‘and enly received in’ re- tu , the balance being still due from the defendant. _ Burnstad, who claims at one time to have been Paid ptht “cat. tendent: Devils: Lake, hi to their.resj year terms ministration, the ‘school for the deaf at been ‘reappointed yy the ‘state board of ad-. sh een oe Fr west of, re, Montans,’ crops are k » stopkmen in the coun- | to havi devastated. by ppers, : 4 that-he is not crim- y the amount claimed: St; Paul company and the te- the: case. ae four years,’ led for trial in | Agriculture cal [by «Bartlett, Attorney Says That Banky| ers, with Commissioners Swanson,, Bachman and Solberg present, to-) day postponed hearing in matter cf taxes claimed to have’ been escaped by all of the banks in Burleigh county and a number’ of corporations until ‘ive positions for two-| BISMARCK, NORTH DAKOTA, WEDNESDAY, JULY 25, 1923 _TSPOSTPONED UNTILSEPT: 4 County Board Sets Over Mats ter as to $15,000,000 Escaped Valuation BANKS IN~ OBJECTION Voluntarily Paid Tax and County Accepted It The board of county commission-} the: September: give attorneys of the com- ond berks an opportunity Kepresentauves of the banks ond comnanies affected said they appeared at the hearing to fin out cn what grounds. they were being asked to pay more taxes, that they believed they had paid all that was due the county, and they desired to have the informa- tion as to the alleged escaping of taxe; in order to be able t2 pte- sent the matter promptly. A total of about $15,000,000 property had escaped taxation, according to the notices sent out by County Auditor F. J. Johnson, on. the re- port of F. O. Hellstrom. i Mr. Hellstrom was engaged by the board to act in the matter of escaped taxes and is listed as a clerk in the auditor’s office, At- torney Zuger, appearing for one of the concerns, said. The hearing was scheduled for 10 a. m./ but was delayed ‘when Attorney O’Hare for the Standard Oil Company asked for a: record, and Qounty Auditoy Johnson sought a stenographer take the proceedings. The first matter taken up was the banks. All of the banks i the county, 19 in, all, were named#, « as having escaped taxes. Mr. Hell- stront explained *the meth on which it is alleged taxes wére es- caped. e referred to the compromise, on bank ‘taxes in all counties of the state after the sypreme court had held that the legislature had omitted provisions in the viding a tax on bank stock for the years 1920, 1921 and 1922 Mr. lelistrom said the’ compromise, which was on a dasis of a 50 per cent valuation, was without auth- ority in law. Senate bill No. 375 passed by the last legislature, p peed to validate the comprom e said, and also to ratify the compromise settlements made. The section ratifying the compromise had been rendered null and void by the filing of petitions referring — RIT REFUSED STATE EXAMINER DECLARED DOUBLE -OF PRESIDENT BY DENVER PEOPLE qjthe governcr the opportunity t» SIX MORE IN PHILIPPINES. QUIT PLACES Say They Want to Relieve General Wood of Further Embarrassment North Dakota harbors President Harding’s double, in the person of Gilbert Semingson, atate examiner. His friends around the capitol never knew it, but it remained for people of Denver to disegver in him a strik- ing resemblance ‘to President Hard- ing, who visited the Colorado City recently, Mr, Semingson, in Denver to at- tend the convention of the National Association of Supervisors of State Banks, was walking down a Denver street when a stranger greeted him FRIENDS SEE PLOT that he himself will not have to bat- tlo his way through the crowds of the curious that surround him.” The Denver paper continued: “Gen- eral Pers! has his double; other Is have been said to have doubles, and now there is a double for the president. Mr. Sem- ingson talks in a low voice and there ia a kindly gleam in his eye. He is slightly taller than President Hard- ing, and—-comph, beg pardon, not so --yes, you know what is meant, just around the waist line, “At any rate, Mr. Semingson doesn’t resent it, in fact rather likes it, but Say Filipino Officials Oust all effusively and deferentially. Mr. Semingson, taken aghast, inquired of Wood’s Appointees to the reason, and the stranger told him he looked juat like President Make Situation Worse | Harding. Others began to comment on its % ‘ “Denver sees in Gilbert Semingson, state bank examiner of North Dako ta, a likeness of President Harding,” says the Denver Times, “and the ex- aminét, telting that he will be de- layed in reserving berth for the trip home, has: already, sent a special messenger to the Union station, so POLICE: TRAIL RUST SUSPECT Crookston, Minn., July 25,—A man believed to be Edwin Rust, who shot Sheriff Fulker of Aberdeen, 8. D., is reported to have stopped a man in the vicinity of Winger, Minn., this niorning. Rust was reported to have hit a man over the head and escaped in the car to Erskine, where he was reported to have inquired about the road to Thief River Falls, The sher- if’ and from Mehnomen be closely follow- , Manilla, P. I., July 26-—The poli- tical ation here marked cently by the resigna’ of all the principal native officials of the Philippine government and by a legislative request that Governor- General Leonard Wood be recall- ed was in a more muddled state today following the resignation last night of six appointive re- presentatives of the legislature. e last group to quit as a re- sult of differenc eral Wood and cials explained they wished to give fill the positions with legislators who would not embarass him. Friends of Wood contend that the government. enemies, notably Emanuel Quezon, head of the new collectivistarparty, have been oust- ing all of W appointives in an, effort to make it appear that the people approved the resignation of the entire membership of the cabinet on July 17. In the regolution adopted .Mon- day night it was.asked that unless immediate independence was grant- ed the Philippine Island that a native Governor-genéral be ap- pointed to replace. Wood. NINE CONVICTS STILL FREE Escaped from Illinois ‘Peni- * tentiary for Criminal Insane ing the fugitive, CITY'S ACTION ON BONDS IS HELD VALID District Judge Jansonius Ren- ders Decision in Court at Washburn * Judge’ Fred’ Jansonius’ of district court, in’@ decision rendered in Washburn late last evening, held that the bond issue procedure of the city commission of Bismarck leading up to the issuance of $225,000 of bonds for the purchase or construc- tion of a water works was valid. The entire matter was laid before Judge Jansonius in a friendly petition filed by local citizens attacking the pro- ceedings as invalid, particularly al- leging that the method in which the question was submitted to voters was , July 25—Several inmates who escaped from the criminal i e hospital are believed by offi is to have made good in their dash for free- dom. Nine of the prisoners are still at large, and are being hunt- ed by posses. Despite fears expressed by the pulation of the town no depre- Bation has been reported commit- ted by the escaped patients many | invalid. of whom were sent to the hospital| Judge Jansonius ruled that the city being charged with murder. commission had acted in accordance Most of those recaptured have|with law in the procedure. submitted without struggle. The case was appealed. to the su- Eighty per cent of the inmates] preme court immediately, the papers are said to be irrational while the} being filed in the court this morn- Chester,’ I of the 41 that section of senate bill No. 375 to the: people, he said. He said the law as it remained removed the ambiguity of which the court complained and said the intention was to tax banks. He said the notice to the banks was on the basis of the levy origina!- ly made by the tax commissioner. Benton Baker, attorney for the Bismarck bank, said that conced- ing there was a measure to permit escaped Property to be. taxed, there also is a law. authorizing the county commissioners to _ abate and compromise taxes with the ap- proval of .the tax commissioner. After decisions had been rendered by the court holding that the law taxing bank stock was inoperative that the law of 1919 specifically exempted stocks and bonds of all rations and with respect to national bank stock held the tax was out of line with other taxes and therefore in violation of law, the banks voluntarily proposed to y taxes. The Burleigh county ard of commissioners last June 8 passed a resolution saying what would .be accepted in full settle- ment of the tax and this was ac- cepted in August, with the approv- al of the tax measure, being paid by_the Bismarck ‘bank. The fact that the legislature passed ‘a law validating taxes and stiamonting 0 be retroactive and the fact that the ratification sec- tion hgld up by petitions had no effect upon the situation, Mr. Baker said, | Se Baker then filed a motion to iss proceedings. 7 C, Remington of’ the 'Natipnal Bank and_J: L, the First National Bank explained that A. G._ Din nae ttorney for the North Dakota Bankers Assoc- (Continued on Page Three) * ‘BIG FIRE LOSS “IN ASHEVILLE Asheville, N. D., July 26.—Fire int is ‘nection here today sdepartment store 000 and threaten: +i ed. to spread to other structures in- cluding. the city ‘library ang a the- ter. Two women clerks were report+ ed missing. © 4 : others are normal. ing, and a hearing at an early date DUE JULY 34| mg + Collector of Internal Revenue Explains Penalties For Bismarck and vicinity: Partly cloudy tonight und Thursday; pro- hably seattered thundershowers. Not much change in temperature. For North Dakota: Partly cloudy tonight and Thursday; probably scat- tered thundershowers west portion, Not much chafge in temperature. General Weather Conditions Low presstire, accompanied by'| precipitation, prevails over the Rocky Mountain and Plateau States. Th Al weather iy To avoid penalty, returns and pay- ment must be made on or before July 81, 1928, of the miscellaneous cecupational taxes, the special to- bacco manufacturers’ tax and the special tax on the use of boats, pro- vided for by the revenue act of 1921, according to statement of Gunder Olson, collector of internal revenue for North Dakota. Capitol ek. tax returns also must be made on or re July 31, payment: being required within 10 days after notice and demand by the collector, The revenue act provides that ‘every domestic corporation shall pay annually a special excise tax with reapect to carrying on or dding business, equivalent to $1 for each $1,000 of so much of the fair average value of its capital stock for the pre- ‘eeding year ending June 30 as is in excess of $5,000. In estimating the value of capital stock the surplus and undivided profits shall be \in- eluded. Every foreign corporation shall. pay annually a special excise tax with respect to ying on or doing business in the United States, t to $1 for each $1,000 of erage amount of. capital 7 fajr over the East and it the extremé West. Cool weather pre vails over the Plains States. North Dakota Corn and Wheat Re-’ * gion Summary For the week ending July 24, 1923.’ The weather has been favorable during the week for corn, potat: flax and late sown oats and barley, but unfavorable for spring wheat due to the propagation of black stem rust’ in nearly all parts of the State. Thi! di appeared mostly too late to’ cause very serious damage. Much wheat is being cut to avoid damage. The rye harvest is well advanced, but few reports of rye threshing receiv- ed. Spring wheat oats and barley harvest has begun in most sections. Corn is mostly tasseled, much is in the silk stage and the crop is gener-' ally clean, Pastures and ranges have been greatly improved by recent rains and livestock are in good con- dition. North Dakota Corn and wheat Stations, High Low Preci. . 7% 87 0 Cl ~Thearing will be he hopes to get away from Denver without causing any public demon- strations.” No word has come from Mr. Sem- ingson of the Denver discovery, but an official of a neighboring state sent the newspaper clipping here. Banker friends and the capitol force are planning a greeting for President Harding's double when he returns, since the President disappointed the Northwest by choosing another route to the Pacific. PEACETREATY | IS VICTORY FOR TURKEY British Conservatives Do Not Take Gloomy View of Pact REGARDED AS GOOD London, July 25.—The outstanding note of comment in all today’s news- papers on the signing of the Near anne is admission of Turkey’s diplo- mhtie victory over the Allie ‘ The new treaty, nevertheless, is re- garded by some commentators, as a good one. The Times declares the document ‘is a model of generosity and justice while the Daily Tel graph, which ‘takes gloomy vi takes the position that if the tre of Cerves had hee nratified the tlement created thereby woyld soon have been shattered. Friendship with Turkey is a more or less of a traditional policy of the British conservative party and in that quarter there was no disposi- tion to complain over what Turkey had gained. Elsewhere there were some misgivings over the future, par- ticularly as it affects Armenia and some other Christiana under the Turkish domination, GRAIN RATES GUT IS ASKED Growers to Seek Reduction to; The Terminal Markets Grand Forks, N. D., July 25.—A re- duction of inter-state grain rates from North Dakota to verminal grain markets will be asked by .the North Dakota Wheat Growers’ association, through Finley D. Cameron, traffic manager, it wi This demand, closely follow the hearing to Friday before the North Dakota road commission in freight rates on grain. Mr. Cameron ill attend Friday's hearing, it is announced. J. W. Goodman, traffic commissioner of the Commer club, will be one of the principal witneises at the coming hearing in the interests of the club and the state mill and elevator. Officials of the Wheat Growers feel y be result of the coming hearing, will be a decided step toward securing re- duced inter-state rates to eastern terminals. It is said that the findings of the commission’ at the coming ed as @ basis for determining the fairness of the inter- atate rates as = future hear: BANDITS FIGHT IN TORONTO Toronto, July 25.—The provini police scouring Ontario for b East Peace treaty yesterday at Laus- | 1 | ercised for the reason that th PRICE FIVE CENTS COURT WON'T INTERFEREIN INDICTMENTS Bases Action Upon Statutory Grounds to be Followed After Court Rule TOWNLEY, LEMKE FREE Judge McKenna Had Quashed Indictments of Grand Jury —Decision Stands NUB OF DECISION, The nub of the court's decision in the bank cases, according to one lawyer who read opinion, was that supreme court held that the indictments of the grant jury were valid as except F. W. Cathro and it did not decide in his case, but that District Judge McKenna in dismissing the de- fendants and not ordering them held for another grand jury, act- ed under statutes which pre- be procedure and are exclu- , and that the supreme court does not haye the power to change the action taken. i Attorney General Shafer de-' clined to comment on the deci- sion or say what further action might be taken, until he ‘has con- ferred with George A. Bangs, special assistant attorney general and States Attorney H. F, Hor- ner of Cass county. The statute of limitations has run in some cases, barring fur- ther prosecution under the charges, but Attorney General Shafer he could not say in which cases until after ‘a close study of involved ch: 1s made in indictments, The supreme court, in a detision handed down today, denied the Appli- cation of the state for a supervisory writ in the case in which the state sought to-have reinstated indictments county grand jury American bank “wrecking” cases and which were quashed by District Judge George W. McKenna, 2 + The court's decision was based up- on the statutory procedure governing motions to ‘dismiss indictments, hold- ing that “when indictments are er- roneously dismissed upon motion, the further proceedings must be as con- templated in the statute.” The decigion disposes of the ori- ginal indictments, returned by the Cass county grand jury on May 16 and 17, 1922, the jury having return- ed 36 indictments against 12 persons. Those Indicted The 12 were indicted on various charges which included embezzle- ment, making false reports to the bank examiner, receiving deposits in insolvent bank, perjury, making false statements and entry. The indicted were: A. C, Townley, William Lem- ke, F. W. Cathro, Louis P. McAneney, H. G. Eggen, H. J. Hagen, Lares Christianson, P. R. Sherman, 0. E. Lofthus, H. A. Paddock, J. J. Hast- inga, H. D, Ellis. ‘The decision of the court held with the state on some of the con- tentions advanced in the c: fore it. The defense had a: that the aupreme court lacke risdiction to exercise its supervisory power over lower courts because the district court aeted within its jurisdiction. The high court, in the opinion, says that the power of the supreme court. Avas not affected in any way by this fact, : The defense argued that the si Preme court could not exercise po er because the indictments had ‘been dismissed, defendants discharged and bail exonerated and the power of su- perintending control could not be e: ere nothing before the lower court te bo cted ‘upén. The supreme court held the argument unsound, and that the supreme court power of ‘supervisery control attaches where the error of , | the trial -court begin Question Considered “The question for our serious con- cern upon this application is, in view of the statutes of this: atate ‘govern- ing criminal procedure, is 4 case pre- sented where this court should ‘exer- cise its superinitending control?” the decision said. ~ The state has statutes, originated some fifty years ago, whit ire clear and explicit in their statement of consequences to-follow the ruling of the district court, the decision said. The state argued that the stetut themselves © constituted a“ situati. justifying the ‘exercise of superin- tending control. a ome yo court does Pee hesitate to Cc 4 Rout fn the United Stata during the 8G Tue ani Clucs wae mammreeet Fereceding year ending June 20." > OG in Toronto's financial district and es-|™ iy ald hia pth be 1 pica 0 GC |¢caped with $130,000 after wounding | ,. though the law may indicate that it Dickinson 0 PC| three employes, today received word in exenipt from,tax, The a of | Dunn Cent 0 Cc [that the ashes of a touring car be- exemption fs one for determination | Ellendale 0 C ||lieved to be that in which the rob- by the cometartener ‘otinternal rev- F © C |bers fleq' were still smouldering on vs © Cl-|the Garrison road: between Buffalo enue, 0 C and Port Erie, Ontario. 4 oc Steel Magnates. _. * 9 Pct ASHLEY-BANK - Discuss 12-Hour Day| sins! 6 2B. oc ‘The supreme court has rev. Judge 0. Cl} th of the First Nation Her ‘ a 0 C | of Ashley against L.’ Strauss, ions manus |, Cl, cloudy; C, partly |'ed An ‘cloudy. The irish Sea ts than 720 test. deep. would meet mination of which: the In- been criti¢ized. “.” 4 . ordered in Judge McKenna’s' cou: cause the court erred: in dire statues, nowhere mora ae ts contravention of as S * Riek