The Bismarck Tribune Newspaper, August 20, 1923, Page 1

. LEGISLATURE HAD POWER 0 ¢ WEATHER FORECAST Unsettled tonight and Tuesday; showers probable. ESTABLISHED 1873 CONF STATE UTILITY LAWS UPHEL DAME RUMOR HITS BROADWAY PASS MEASURES State Wins Case in Which Hughes Electric Company Attacked Railroad Com- ~ mission JANSONIUS AFFIRMED weimic + : z Case Arose When Hughes Electric Sought to Prevent Rate Hearing in City The state supreme court, in a de-| on handed down today, held the itive acts conferring upon the} Board of Railroad, Commissioners power over rates and practices pf public utility companies to be valid. In so deciding the court affirmed District Judge Fred Jansonius of the; Burleigh district court in the case, brought by E. A. Hughes Electric Company of Bismarck to have the laws affecting the utility powers of the board declared unconstitutional. The public utilities act of 1919 pro- vides for a judicial review of both the law and facts of all orders made by the board of railroad commission- ers, fixing, establishing or changing rates, the opinion written by Justice A. M. Christianson pointed out." is held that the public utilities act, conferring upon the bpard of railroad commissioners authority to conduct certain inquiries and make orders relating to public utiliti not void as vesting legislative or ju- dicial powers in administrative offi- cers,” the opinion paid, The opinion was signgd by Justices Christianson, Birdzell and Bronson, and District Judges Cooley and Burr. The case arose when the. Hughes Electric Company sought an injune- tion to prevent the railroad commis- sion proceeding to hold a rate hear- ing effecting electricity and steam heating rates in Bismarck. HEBRON BANK ROBBER: GANG REPORTED SEEN Throw Tacks in Road in Mon- tana to Shake Off Persons Who Pursue Them The gang of yeggs that robbed the Farmers State Bank of Hebron Fri, day night is traveling through Mon- tana, according to advicés received in Hebron this afternoon. A telephone messag2 said they were seen in a high-powered car in southwestern Montana and that when cars pursued them they scattered big tacks in the road and forced their pursuers to quit, This method was used by bandits to stop pursuers when they lef ‘Hebron. The route of the bandits was south + to South Dakota and west to Mon; tana. 346 DEAD IN TIDAL WAVE Tokio, Japan, Aug. 20.~Advices re- ceived here from Seoul, sald that 346 persons are di and/more than a thousand mi a result of the recent tidal wave and storm in the four western provinces: ‘of Korea. The damage to houses and other pr. perty also was great, 3 Richardton Grain Richardton, Aug, 90,—Alfred. White, who last’ week purchased the Ric! ardton Equity Exchange elevator and property at Richardton on ‘Thursday announced thst articles of incorpor- ation had been filed with the secre- tary of state for a new firm to be known a8 the.Richardton Grain com- pany, corporation is capitalized at $25,000. Incorporators named are: Alfted White, Jessie White and H. E: Skauge. Attorney M. L. McBride will act as secretary of tl 7 _ The elevator is thii being. modeled and. hauled. It will be opened for business today with John O'Day of Richardton as manager. “| \ FIRST POSTMISTRESS =. Valley City, Aug. 20.—Postmaster. W. W. Smith wag ; out of: office last Wedn and Mrs. Katherine Ritchie, the new incumb- ent, Rap her duties and mistress in the Fic actos fitchie bas : inction of the first post- |; ts now | { s ‘THE | | ' i i The Gay ‘White Way hears Mild Chaplin, is engaged to an eastern jrefused to confirm the rumors an (enguee the name of the lucky | ~_— ORDERS SIGNS OFF HIGHWAY FROM BRIDGE Signs on Road Right-of- ~" ‘Way Removed — The first step in a campaign for the removal of advertising signs,| except official signs, from heavy tra-; veled roads of the state was taken! here today by State Engineer WyG.! Black, in requesting removal of such | signs on the Red Trail between the} Missouri river yehicular bridge andi the state penitentiary, The action was taken hecause it was said the advertising signs inter- fere with the road-marking signs which ‘have been placed by organi- zations recognized by highway offi- cials apd signs which the highway commA@sion will itself record to mark) the importa of the state. “The , of Minnesota; passed & law: prohibiting such -signs| on the highway right-of-way and of-| ! dered removal of all signs now up,” Mr.. Black said. He added that of course he had no control over signs which were placed on private proper- ty, and he did not object to signs some distance from the right-of-way. There has been complaint. that the signs are not only confusing to tra- velers in instances because of the confusion but are a menace. The state engineer expressed the hope that cities and counties in the; state will adopt this course and have tremoved all signs on heavily travel- ed roads except official signs. MELLON STAYS IN CABINET: Washington, Aug. 20.—Storetary of the Treasury A. W. Mellon. jet it be known «after a con- erence wit} President Coolidge that, he would remain in the cabinet. Colored Man Held For Store Robbery. Minot, Aug. 20.—William Gumm, colored, who was returned to Minot from Rugby by Deputy Sheriff, W. ¥. Slaybaugh. charged with grand larcenv in connection with the al- Jeged theft of two dresses from the Fair store last Tuesday, was iden- tifled by tw@ clerks in the store as being the man who ig alleged to wave suddenly taken them and dashed. through the rear entrance of the lishment... ‘The dr were later recovered the porch of a residence tear tore, where Gumm is‘ said to e pe i ; 4 fi DRAINS AUTO GAS TANK Jamestow . Aug, 20,—Pay- ing fust enough attention to an au-| tl to, in a shed to drain ite tank of oneoMne, ‘presnmably. i bis ip ‘prompt ‘pursi & bis horse and edie tran the ‘adits ‘i eR of ed Thom, farmer, and | iat large.” ‘Authorities are ‘working on. reports the’ deseript len'oué was seen lear Stevle. ' “ Veent to the wonderland of BIS red Harrts, former wife of Charlie millionaire. From California she id posruvesy Will not heip out vy one. YOUNG TALKS TO COOLIDGE ‘ON SESSION Valley City,.N. D., Aug. 20.—Con- gressman George M. Young has re- turned from Washington, where he saw President Coolidge and urged the immediate calling of an extra | session of Congress to dea) with the State. Engineer Plans to Hayve|.wheat crisis: He saya the Progident | | seemed to be sympathetic, but Sena- ‘ }tors LaFollette of Wiseohsin and Cap- per of Kansas declared againit an extra session, Young says this ‘was damaging, but that wheat farmers and those who deal. with them should keep up the fight for an extra ses- sion. MINERS AND OPERATORS IN NEW SESSIO ’ Resume Efforts to Reach Agreement Over Disputed Points in Coal Parley Atlantic City, N. J., Aug. 20.— Officials of the miners’ union and representatives of the anth- racite operators went into joint conference , today to discuss a new wage contract which ‘might go into effect imber 12. The operators were ,ynderstood to have renewed their’ suggestion that a preliminary understanding be reached .,| reich the, plas would, remain, ‘ofk bn. Sept. new contract might not“ be'dét- tled by that date. The miners’ representatives were said unwill- ing to concede this point. Atlantic City, N. J., Aug. 20.—Con- ference of anthracite operators and presentatives of the miners to ne- ite a new wage agreement brok- en off July 27 was resumed today after a delnv of three hours. await- ing the arrival of the representativ of both factions, in fort ao av. the threatened suspension of mining on. September 1 when the present wage agreement expires, The oper- wtors were headed hy Samuel, D. War- ringer, chairman of the policy com- mittee, and the miners by John L, é United Mine rs. The ions were re- sumed through intervention of the United States Coal’ Commission and will bé conducted unde: scrutiny than heretofore. Included in the demands of the men are a 20 percent ‘wage increase, fal! union” —recogniti including the check-off and a universal 8-hour day, The operators have agreed to abo! the 12-hour day and to submit to bitration . all other points, “Arbitration ‘wa: the miners who algo declined to re-; BISMARCK, NORTH DAKOTA, MONDAY, AUGUST SSES TO BRUTAL AX MU D IN HIGH COURT WAN FREIGHT RATE "OIL PRACTICE HELD UNFAIR Governor Nestos in Statement | Says That “Pittsburgh Plus” Plan Is Used MEETS | INDEPENDENTS : Asks That Standard Oil End Its Practice Said Injurious | To Northwest Governor R, A. Nestos, following | a meeting with a number of inde- pendent oil dealers to discuss the gas- oline situation today, announced that he had voiced to them a demand he made upon the Standard Oil Company last week—that the oil com Jend the practice of charging freight |rates from an arbitrary distance in-| | stead of for the distance actually | shipped. There'is, the Governor said, practice in the oil industry similar lo the “Pittsburgh plus” system ‘in the steel industry which is unfair to the Northwest. The Standard Oil Company, he said, figured freight rates from Whiting, Indiana, refineries, and in- dependent companies follow ‘the! ‘practice, The city of Dickinson, North Dakota, he said gets oil fram a Miles City, Mortana, refinery on which the freight rate unit is 8.76 | while they are charged a unit figute jof 7.2, or from group three of the Oklahoma fields. The demand that the Standard Oil company abolish the practite was made upon F, E. Packard. represerftative, last week and the same demand made to in- dependents. today. ~ | Governor also declared that crude oil had not fallen in priee as jit should, in view of the tremend | production and the decrease im ges: | ol‘ne prices. He declared it appeared [that someone had the market. eorner- ;ed and there:should be a federal Be! ‘ventigation. : ae PRICES UP Sioux! Falls, S. D., Aug. 20.—With gasoline selling at 19 cents at all i dependent stations at Sioux Falls and @ ‘corresponding rise made by all other independent dealers in the state a new aspect was given the sit- uation today. Independent \dealers boosted the price from 15% to 19!z cents a gallon Sunday and said they would maintain this rate no matter what action is taken by the’ Standard Oil Company. No customers were lost by the ac- tion yesterday, it was said, some coi- sumers saying they believed 192 cents a gallon a fair price. Meantime the Standard: Oil Com- pany maintained its rate at 15': cents, Dealers in other cities report prices range from 15%e for the Standard Oil to 20 cents for the Independents. BANKERS 10 MEET AUG, 28 Date Fixed for Meeting, to be Held in Fargo Fargo, ‘N. D., Aug. 20.—The meet- ing of bankers from six states calle: by the American Bankers Associ tion to discuss methods of assisting the grain growers of the Northwes! has been set for Tueday, Aug. 28, it was announced today. indyeds of bankers from Minnes: ta, North and Squth Dakota, Monta: Wisconsin and Michigan are expect- ed here to attend the meeting, which was called by the Agricultural. Com- mission of the Bankers’ Association, it was announced Saturday. AMUNDSEN TO TRY AGAIN St. Paul, Alaska, (Friday. delayed) —By the-A: P.—Capt, Raold Amund- sen, Norwegian explorer, who was forced by ah accident to his airplane jabandon his proposed air flight to to abandi his. proposed air. flight to Spitzbergen over the has indicated that, he will nother attempt, ‘using Spitz- bergen as.a base, according to offi- coai ¥ , cials of main at work after September 1 in| ag of failure to “reach an sgree- MOUNTAINS IN i ; PULAR Killdeer, N, D,, Atig. 20.—Thus far son 8,256 people have regis- tered at the Killdeer Mountains. This includes” tourists from ‘every . sec- tion of the c ty and local people from different’ ‘of this imme: ate section and the Blope Every i ity to the Mitldwer ‘quiet,’ beautifal’.ct lided popt fountains as 3 NINE DIE IN. MISSISSIPPI LAUNCH SINKS River Being Dragged to Re- cover Bodies Lost in Sun- day Picnic Tragedy EXACT CAUSE, UNKNOWN ‘Launch Not Recovered and Cause of Sinking Remains Unexplained by Officers St. Paul, Aug. 20.—All available po- lice in’ South St. Paul assisted by civilians today were dragging the Mississippi river for the bodies of their launch sank in the river last night. One body was recovered last night. An attempt also was being’ ‘made to. locate the ill-fated 30-foot craft in order to determine definitely what caused it to go under and end so tragically a day of merry-mak- ing. Those who perished were Mr. and Mrs. Andrew Martinelli, 33 and 34 respectively, theif two children, Ro- bert, 6, and Alfred, 4, and Miss Mar- garet Mahn, 16, sister of Mr: tinelli and Mrs, Pauline Martinelli, 65, Andrew Martifielli’s mother, all of Minneapolis; ‘and Vincent; 45, and | _ Nicholas Martinelli. 40, and Frevk, 20, and Robert Gaultier, 10, all of St. Paul. elli was tle only one recovered last night. Andrew Martinelli polis business man ai an expert boatman. He built téé launch in which:the party left St, Paul Sunday morning for a trip to Pine Bend, 10 miles down the river, for a picnic. vas a Minnea- Thay were returning just before dusk when the tragedy occurred. BANDITS RAID ROAD HOUSE, KILL OFFICER One Man Held in Connection With Daring Hold-up and Murder Detroit, Mich. Aug. 20.—A man giving his name as Herman Sakaloft as under arrest.at Monroe, Mic! four men whose names are withheld are in custody here as a result: of @ spectaculur hold-up of the auieu- roadhouse just outside of id of the killing of Oscar Reinhardt, motorcycle policeman, at Monroe Sunday evening. Patrons of the roudhouse we: dancing, eating and drinking when five gunmen entered. Either by co- incidence or prea ent the persons on the dance floor were ei d| gageq in watching a verbal battle between two women one of whom was upbralding the other for being too attentive to her escort. The first warning of the hold-up was when two gunmen fired volleys into the ceiling. ‘The bandits rified the cash reg- ister, lined up. the employers and then went from table to table col- lecting money. and jewelry. ur men and three women we! reported injured by one bandit who yed on watch in the middle of the room, firing occasionally. Rheinhardt shot severla hours later-when he attempted to stop quto- mobile speeding through Monroe, 40 miles south. The drivers of the ma- ‘chine drew a pistol and the police- man‘drew his weapon. Several shots were fired. Rheinhardt died without re gaining consciousness. Shortly after off was taken into custody near the place-where the supposeq bandit automobile wag found abandoned by the roadside. The. body of Mrs. Pauline Martin. | 20, 1923 - LEADS GAS WAR H, MeMASTER' | Just how far the gasoline price- {cutting war started by Governor W. ,H. MeMaster of South Dakota will jextend, is problematical, in opin- ion of natlonst ga6@ucers, | _ McMaster, !}-80"\: officials RNOR W. of the * | nine of the ten people drowned when! Standard Oil Compaty say, bought up for the state a quantity of dis- | tress gasoline below the cost of pro- duction and charged the state “no | ad@quate cost for distribution.” ‘Thus, they say, he was able to | sell gas to the public at 16 cents a { gallon, precipitating a war that has brought gasoline down to 11 cents in j8ome cities of the country. FARMERS GET PREFERENCE INROAD JOBS Highway Commission Adopts Policy to Put Money in Pockets This Fall ISSUE STRICT ORDERS Farmers ‘wilt begiven: preference in--road work’ this fall ard "next spring. . This policy was announceg follow- | ing a conferente of Governor Nestos, Commissioner of Agriculture and La- bor J. A. Kitchen and State Engineer }. Black; members of the high- way commission. It wil be adhered to strictly, it was stated. The policy was decided upon both because some contractors had im- ported their entire crews from out- side of the state during. the period when farmers were busy and in the belief that‘many farmers in the state would welcome the opporunity to obtain the employment and furnish teams this fall. It is a “keep the money at home” policy. When state highway commission project contracts are awarded it will be with the understanang that cen: tractors shal) use all local labor pos. PRICE FIVE CENTS DER JESSON, FARM LABORER ADMITS HE KILLED FRIEND AT RUSO IN CARD GAME QUARREL Tells Authorities Aftér Failing to Implicate Another That He Alone Was Responsible For Murder—Accused Paul Sundbakken of Having Introduced Marked Cards During A Friendly Poker Game in Latter’s Bunk-Car at Ruso — Sloyer to Plead Guilty to First Degree Murder Before Judge Jansonius : : WAIVES EXAMINATION eu |___Washburn, N. D., Aug. 20.— William Jesson, charged with murder in the first degree in slaying Paul Sundbakken; waived preliminary examination before a justice of the peace shortly before noon, and will be taken before Judge Jansonius at Bismarck late today to be sentenced. His father and mother and two brothers were present in court. He said he did not want a lawyer. William Jesson, 26, farm laborer, with first degree murder in Washb his confession of the brutal killing his friend, in a day night. Jesson made\two confessions. In the first he endeavored to throw the blame on Frank Thomas, a young man living north of Minot. In his second, made late Saturday, he took the guilt upon his own shoulders and related an amazing story of a cold-blooded, deliberate killing to officers at Washburn. ‘. On Sunday Jesson was taken to the scene of the crime. He proved his own confession by helping officers find # bloody shirt at the farm home of John Nelson, north of Ruso, where he worked. He showed them a deck of cards he threw along the railroad track after he accused Sund- bakken of introducing marked cards.. The officers did not find a ten-dollar bill he said he “planted” near a telegraph pole. He repeated his confession to his mother and father. Jesson killed Sundbakken after the latter had won’ a few dollars from him at pool and cards, probably not more than $16, officers said, although they could not determine the t amount. ae ‘* Jesson has not lost his nerve. States Attorney George Gibson of McLean county: said over the. long distance tele- phone :today that he apparently ‘showed no remorse. The only. sign of worry he exhibited during the questioning was when he learned that he would be charged with first degree murder and that it would bring life imprisonment. He felt the sentence was too heavy for. killing one who introduced will be formally charged urn today as a result of of Paul Sundbakken, 22, quarrel over a card game at Ruso last Mon- marked cards fn’a’friendly gambling game. RURAL SCHOOLS ARE BETTER More Qualifying Now For State Aid, Reports Show More rural schools are qualifying for state aid than ever before, ac- cording to reports to the board of standardization. in meeting here, State Superintendent Miss Minnic sible, and farmers who have suffered . from lack of good crops will be giv- en preference. It also was stated by Governor Nestos that in some in- stances it might be advisable for the county to perform the work and em- ploy the local labor itself. He also hope that county boards of loners would insist in all cases of rend. construction or road maintenance that farmers be given the first opportunity to perform the work. : Because a good price is paid for labor together with teams, it is believed that thousands of dollars will, be, put, into the pockets of the farmers by the policy. Also On Revetment, It also was agreed by the highway commission members that the War Department be requested to use farm labor as far as possible in the $70,- |‘ 000 revetment job to be undertaken this fall and, winter on the Missouri river just above the Northern Pacific bridge, near Bismarck. Great quan- tities of stone and brush will on this job. The Northern railway, the state of North Dakota, the U, S. Bureau of Public Road ang the United States Engii War Department, will co-operate in the work, the latter body being in charge. POSTMASTER IMPROVING. Elgin, N. D., Aug. 20.—Postmaster Paul Bell has been on the sick list for some time, suffering from trou- bles of the back. However, he has Managed to be up and around. OS LITTLE TOWNS IN WEST CHAFE Many towns in the west, particu. Jarly on the Pacific Coast, are-chaf- ing under the expense of ‘maintain- ing expensive ‘tourist camps, a North ‘ists had become, so keen that small towns had itivested thousinds- of dol- Jars in tourist camps and were pay- UNDER TOURIST CAMP BURDENS ‘ey of Montana. The town has about 1,600 people. A great log cabin wa builtat the camp, An ‘all-time care- taker is in-charge. Wood and- other | © fuel’ is futuivked.. Maintenance of ithe camp-is proving quite a burden on.the.town. |, Od. hs, The. opinion was expressed that within a short * towns would adopt a practice of (making a’ charge from Yeariats sufticient.to cover the in the future; raising the standards requirement and providing better facilities. In 1911, the first year in which state eid was given, but 170 schools qualified to receive it, while there were 1,074 receiving state aig in 1922 and this number will be increased this year, Miss Nielson sald. In order to draw statesaid a school must be state-inspected. ‘ Schools are scored as “blue, or “yellow’ by the inspectors. Over 1,200 schools have been scored this year, ZAP GETS RAIL IMPROVEMENTS , Aug. 20.—A crew of Northern Pacific engineers arrived in Zap Monday, Aug, 13, and are now busy surveying for several projects which q | means that Zap becomes t)e terminal for the branch. A new side track will be built south of the depot to connect with the track at the el Ors, A new water tank and dam will be constructed acrosa ‘Spring Creek’ at tne bridge just east of the old depot site. “ In the west part. of. town a wye will connect with the Lucky: Strike spur, additional side traeks built and there also will be located: a five-stall brick round house, shipping of coal on this BUY CATTLEFOR “N.D. COUNTY Jamestown, N. D.,,Aug. 20—County Agent. Goodhue and Bernie Russell of Buchanan have gone to Eau Cla: Wisconsin, commissioned to”purchas: load of Gueri ‘ ‘They have to buy some thirty seven head for farmers in this county.’ They left complete the purchases Pe we ing 0 a number of. " at orders for To Plead Guilty He was ‘to have a preliminary hearing today before Justice C. A. Brummond at Washburn.’ He wili be taken ‘before District Judge Fred Janson’ either at Bismarck, this afternoon or at Washburn tomorrow: when Judge Jan ‘ h court there, to plead guilty unl changes his present intention. Whether the cards used by Sund bakken actually were marked had noi been determined by officers, accord ing to the states attorney. States Attorney Gibson over th.- telephone said that authorities gave Chief: of Police Bin- miarck, called in on the case by Mc Lean county guthorities who trans: mitted their. request through Gov nor Nestos, greatest of credit i ing the mystery. He said that great credit also was due Treasurer Ole Stefferud, former sheriff of Mc- Lean county who worked with Max tineson on the famous Wolff murde case, Sheriff Maxwell of McLem): county, Policeman Smith of Rut Justice of the Peace Eddie F. Zab- at Ruso and John F. Sullivan of Mai dan, who went to Washburn Saturda: afternoon as a representative of th: Attorney-General’s office to aid {\: the questioning which brought forth Jesson’s final confession. A. Risem, of the Reinbrandt ‘stu- dios, Bismarék, aided officers, takinc ictures and finger prints, Slaying Deliberate layingP according te Jesson’ nm, was deliberate: and’ h atory one of the most. cold-bleode ever told im this section of the state. He. killed Sundbakken because, ho alleged, the latter used marked card: when they played poker. When Jes- son finally broke down and decided to tell authorities his whole story he related it, as one man expressed it, “in the same tone of voice ‘he would tell it someone in an auto- mobile having a little tire: trouble along the road.” * i ‘Only when Mr. Sullivan’ told: Je*- son of the possible life imprisonment penalty did he change his. demeanor. He told the authorities that he didr’. think he ought to-get such a heave sentence for killing a man who play ed with marked cards. EF? whose ‘age was first report - ed as 28 byt who said he was 2° had been. fatni #t have'been fill. of