The Bismarck Tribune Newspaper, September 22, 1923, Page 1

WEATHER FORECAST Cloudy tonight and, Sunday, possibly rain, Colder tenight. ESTABLISHED 1873 THE “ BIS \ CK TRIBUNE [aeonm BISMARCK, NORTH ‘DAKOTA, SATURDAY, SEPTEMBER 22, 1923 PLO NAReRRES ae CER CARR A a PRICE FIVE CENTS HANNA NAMED BANK RECEIVER BANK RECEIVERSHIP LAW DECLARED VALID JUDGE COOLEY. FILES ORDER IN MATTER AFTER COURT HOLDS BANK ACT VALID Former Governor Has Not Indicated As Yet Whether He JUDGE COOLEY SUSTAINED IN PER CURIAM) Next Step Will Be Appoint- ment of Two State-Wide Bank Receivers FORMAL OPINION SOON Objections Raised by Lemke in Slope Cases Held Not Well Founded - | The state supreme court today | handed down a Per Curiam, short- form decision sustaining District Judge Charles M. Cooley’s decision overruling the demurrers filed by |, Attorney William Lemke of Fargo, attacking the eonstitutionality of Senate Bill No. 267, passed by the state legislature during the 1923 session, In the original suit instituted by attorney general George Shafer, un- |* der the: provisions of Section 18 of Senate Bill No. 267, 67 insolvent banks were made defendants. Sub- sequently 17* additional defunct banks were added to that list. The basis of the suit was the pro- vision of Section 18 of the Act, which authorized the state supreme court to appoint a:court commission- er for thy administration of the de- funct banks’ affairs, or in lieu thereof to designate or remind all papers in the cause to the District Court of Burleigh county, the latter being empowered to appoint two State-wide receivers. \ Attorney Lemke argued an appeal, representing the Slope county State bank of Amidon, the Regent State bank of Regent and the Security State bank of Courtenay, before the state supreme court September. 17 the decision, being then‘ reserved. As stated in the.opinion the su-: preme court did not reserve original jurisdiction and appoint a court commissioner as provided for in the Act, bu® instead, under that section, remanded all papers in the cause to the District Court of Burleigh coun- ty, and appointed Judge Charles, M. Cooley of the First Judicial District as the trial judge to try the contro- versy. The demurrers interposed by At- torney Lemke to the complaint of. the attorney general, attacking the jurisdiction of the court and the con- stitutionality of the law, were over- ruled by Judge Cooley. Today’s su= preme court opinion austains Judge Cooley’s decision, The supreme court per curiaw was given for the purpose of expediting the administering of the 84 defunct banks’ affairs. As stated in the opinion, this will later be followed by.an opinion meeting with the ob- jections raised in a more complete and detailed manner. The supreme courts’ opinion fol- lows: IN THE SUPREME COURT State of North Dakota. “State of North Dakota, for itself, and on behalf of afl creditors of the defendant banks, Plaintiff and Re- | spondent. —vs— “First State Bank of Jud, et al, Defendants. “Slope County State Bank of Am- idon, Regent State Bank of Regent, and Securjty State Bank of Courte- nay, Defendants and. Appellants. “Per Curiam: This is an action in- stituted by the, Attorney Gemeral the Greek island when orders ¢ CAPITOL GROUNDS TO BE IMPROVED Grounds Around Memorial Building to be Leveled Down and Grass Planted TO PAINT WOODWORK! The grounds around the new Mem- orial- building at the Capitol are to be leveled off and made ready for! y the planting of grass before the win- ter sets in according® to -Mr. Diehl of the Board of Administration. The moynds of dirt_which were piled up ‘around the bujldiz when. the base- “ment -was-dug- will all be removed, some of them being used to level up the low places around the building. In the spring, grass will be planted and the. general appearance of the grounds around the building improv- ed, according ‘to Mr. Diehl. The improving of the grounds around the Memorial Building is just one step in the plans for the im- proving of the looks of the whole capitol grounds said Mr. Diehl. Paint for the outside woodwork and metal work on the capitol building is expected to urrive soon and work will then be started on the improv- ing of the outside appearance of the building according to Mr. Diehl. Lads Injured As Auto Turns Turtle N. D., Sept. 22--Marlus ined two broken Beach, Mathison, Jr., sustai ribs and other injuries, and Julius hunt after school. They had gone far the Lewis Odland farm, up north, when something went wropg with a radius tog and the car “jack-knifed” and turned a summersault forward into] the ditch, pinning young Mathison under it and throwing Hoverson out, both going through the windshield. r The Weather uve Agriculture from Bankruptcy”! Police Say They Will Plow, the cotton farmers in his organiza- jhistorical and industrial pageant, Hoverson suffered & badly cut face/ receptions, ‘kids’ circus and, other, as a result of an auto accident last | features. The outstanding feature Hardly had the Italian troops sent to oceupy the {sland of Corfu, made themselves comfortable ou ne for them to pack up and evacuate. parties from the Itiiian fleet disembarking foliowimg the bombardinent of Corfu. Marsh Will _ Speak At Court House, Benjamin C, Marsh, managing di- rector of the Farmers National Council of Washington D. C. will] speak at the Court House here on Tuesday evening Sept. 25. Mr. | Marsh, who will talk on “How to| is a leader in ‘the farmers ment. i Mr, Marsh has made talks before | every congressional committee which was dealing with farmers for several years and recently returned from a tour ¢hrough the southern, states’ where he has been trying to enlist | move- tion, SOUTH BEND CENTENARY TO BE OBSERVED, City Has Grown From Trad- ing Post to 100,000 Popu- lation in Century South Bend, Ind., Sept, 22—The manufacturing city of South Bend is making elaborate preparations to observe the 100th anniversary of its founding. South Bend was . estab- lished in 1823 as a small trading post. From that modest start it has Jecome a city of 100,000 and, by a| steady growth, one of the important manufacturing centers of America. The celebration will begin Sept. 80 and close Oct, 6 The week is to! be defoted to religious services, an will be a homecoming. It is the de- sire of those directing the affair that every former resident of South’ Bend return to participate in the event and to note how the city has advanced in every way. The celebration will be under the; direction of the South Bend Centen- nial association organized under the laws of Indiana, with George B. Beit- ner, a prominent retired business man, as director general, and leading business men as directors. o-—o o-- For Bismarck and vicinity: Cloudy tonight and Sunday, ‘with possible pursuant to Senate Bill No. 267, Ses- sion Laws of 1928 for the purpose of kaving certain banks declared insol- vent and their affairs wound up. This court refrained from entertain- ing orjginal jurisdiction of such pro- ceeding, and in accordance with Sec- tion 18 of said Act caused the papers rain. Colder tonight. For North Dakot: Cloudy tonight ibly rain north and Colder east and jouth portions tonight. Chancellor Calls Special Meeting] Berlin, Sept. pt. 22—Chancellor| Stresemann has summoned the pre- miers of the federated states of Ger- many for a conference on the Ruhr situation. WAR A A eeee ON AGAIN, OFF AGAIN— This picture shows landing { SEARCH a FOR BODY OF MURDERED MAN Farm If It Cannot Be Found Otherwise |' FARMER _ ~ CONFESSES Moorhead, Minn., Sepi. 22.—Police officials left Moorhead this nooa to west of Barnesville to Yind the body of Ray Smith, a transient who dis- appeared in 1920, Authorities arg, of the opimon that Smith was murdpr ed and that his body was buried on ‘the farm. Mallinger, and Carl Marwits, are be ing held by the police in connection with the alleged murder, officials an nounced. Mallinger a farmer residing near here, has confessed. officers assert, that he took a hand in the burying cf the victim although he did not murder him. The circumstantial story of the murder as it is credited by author-| ities as told by witnesses, who, police | ‘say have first hand i took place in Barnesville on or ‘about Oct. 18, 1920. After a drinking \bout, so officials have been inform-| led, an argument arose between Smith, employee of Furst, On the way police assert, Smith was shot down and bur- jied on the farm near Barnesville. Upon the return to Moorhead Clay county officials declare they were unable to locate the grave wherein the body is supposed to be interred. Sheriff Malbey said he would have! the fields in the locality of the farm | plowed in an attempt to*locate the body. IFIRE BURNS SWIFT PLANT Causes Spectacular Fire Sept 22.—Fire Birmingham, Ala., origin wrecked of undetermined | Monday before the grand | session aay Three men, Frank Furst, Leonard. information of | the alleged killing find the affair! Immense Quantity of Lard: storage and packing plant of, | GRAND JURY WILL HEAR MUTINY CASE; Convicts from Alabama Mines Will Testify About Brutal. ities Monday 7+ WARDEN SILENT Solicitor Says That He Is Gu- ing Through with Hearing Despite Executive Birmingham, Ala., Sept. 22—Ala- bama convicts confined at the Ban- ‘ner mines where a mutiny was re- ted to have -taken place Septem- scheduled to por ber 12, were jury in investigating reported bru- | talities. Ring leaders were flogged | by order of the convict board of su- pervisors, it was announced. Gover- nor Brandon who has expressed him- self as being unfavorable to a grand jury investigation announced yester- day that the prisoners will not te tify. Solicitor James Davis who is gathering evidence, declared that he | did not. look for any executive inter- ference in the hearing, “I am going through with investigation,” Mr’ Davis added, this “I jam not going to be bluffed by court.! information comes from The only available concerning conditions the ‘convicts. deputy warden are silent. The pri-| soners complain of their mining task, medical,,and food supplies. MRS. PERKINS search a farm several miles south | WILL SPEAK AT Her Message Is Intended For The Young People of the Community Mrs. Maud B. Perkins of East Syracuse, N, Y., national secretary ef the Young People’s Branch of the W. C. T. U., will give an address at the McCabe Methodist church Tues- day, Sept. 25 at 8 o'clock, Senorita Consuelo Valdez of the: | Philippine Islands, a graduate of ‘Northwestern University, | Evanston, Til, who accompanied Mrs, Perkins will also speak. Senorita Valdez is enroute to her home where she will engage in educational work. The meeting is particularly plan-*~ ned for the young people of the church and while they are particu- } an invitation to attend, in a body to the meeting. The program for the oce: cludes the following numbers: tiful”. Invocation—Rev. S, F. Halfyard. Song—“Pure LT. L, Address—Senorita dez, Vocal solo—“It is not fair’—Mrs. Schoelkopf accompanied. ‘by Genevieve M. Hughes. Address—Mrs, Maud B, Perki Hymn—“Yield not to Temptatio Benediction—Rev. L, R. Johnson. highly recommended. Vernon P. Swift and company here. The third and fourth floors of the four story brick structure Were shattered. Nort the’ speaker of the evening: and files therein to be transmitted to the District Court of Burleigh Coun- ty, and designated the Hon. Chas. M. Cooley, one of the Judges of the First Judicial District to'hear and try st and it is low over Some light precipi- tation occurred in the extreme Northwest and at St, Louis and Tol- There are 8,424 spoken languages Immense quantities of lard caus- ed a spectacular fire which gave im the world, 8f which America has a ,624, Asia 877, Europe 587 and Afri- ame controversy. “The Slope County State Ban Amidon, Regent State Bank of Re- gent, and Security State Bank of|th Courtenay, appeared in said proceed- ing in the District Court ra assert- ed that Senate Bill No. proceedi k of | erally fair. . The temperatures Laws 1928, is unconstitutional and ise the authorised therein andjare mostly in good condition but the edo. Elsewhere the weather is gen- are somewhat lower this morning over extreme Northwest, but temper- re changes in most ‘sections were ht, Road Conditions The roads throughout the State then- pending in said District Court| main trails are quite rough in place: ‘were violative of certain ‘provisions | North Dakota of. the Federal ‘and State Co: “It is held eat the igenattistiondl Bottineau ..;... objections raised by th je. appellan' are not well founded’ tt jon ‘will be later’ filed a. L 'BRONEON, 2 A. M. Sian ITIANSON, a LE, ; SVEINBJORN JOHNSON. ‘As a result of ‘this opinion’ two’ ers may soon be appointed by Judge, Cooley sien Napole state-wide’ bank to the confirmation 9f the PA coil Bt Nae, itu- The Distriet Court overruled V3 and the order | ne. Beneuells) affirmed, ‘An: opin- forth Dickinson. Corn and wheat \ High «1 - 8 Low Preci. 46 Cc BISMARCK 49. cl Ol Devils Lak cr cl PC cl PC c F Cc REwsetggeseseesss ae ; KY “ RETURNS FROM All the adventure, excitethent, ro- | mance, and hardships and tragedy that can be picked into the life of a newspaper man or other who learns life by living it is revealed in a sketch of A. G. Shorteli, reporter on the Bismarck Tribune in 1898, adver- ‘tising director'and press agent for a theatrical trop, reporter on the Sac- and the veteran of the ‘After leaving the Tribune he apent three years with the theatrical troop, then went to 'where ‘he was gngaged:in newspaper work ‘until 1914 when, ‘with other newspaper men,.he joined the Eighth we Cal Cou t ve, at! the a ade B pare, In the’ first and a See On. ig the’ ‘oly: one am of wears fight: | England. A. G A.G. SHORTELL, TRIBUNE REPORTER, the Sacramento Bee regiment of the Second division of ders firemen much trouble, coane loss was estimated at $252,- 6-YEAR "ADVENTURE ing. He has sustained four shrapnel shots, was gi was .invalided to the Havensmouth, ‘England, moved to Halifa: he-spent six years. He was blind fo! 52 months. While his sight has returned certain: extent at present an later to a id he might 'pass a person .on the street, without impressing -them as being @ sick man, yet he. has recovered t only # semblance of health., the Rae hospital, after eight years of his life in fighting for his country—or suffering the. worst of agony for most of the y resul fighting to hold the linea when th it Germans were throwing tine after | line of heavy ma- gine Phe re ‘sending wave . ae across ~ eal Hela | rifieng thelr Uh for ‘Fran ed and shell shocked}, fy 6, 1928 he was dischaiged from, sum spending| * t i hool and college in the country.” Mrs. Perkins will marck after leaving the W. C. T, U in progress this week. Bad Current Did Not Cause Wreck San Diego, Sept, 22. 22.—No abnormal re; currents affecting navigation were r ieee off Point Arguello Sept: 9, the day afteg 7 destroyers plowed | inte the rocks near there, accordin; to N. Cousins, master of the Pa: ‘Alexander, who was called to, th stand whi invest! ting the disaster was re: today. Prehistoric Jaw. _ Bones Are Found Miles City, Mont., Sept, 22—The jaw bones and tusk of = large Mone animal were uricovered here} *° ‘with. « atear hipgttaioey a i 8 B. acceptit Beemer aD -titeumfer- | here son tn Bt Pa ak ing Feeetitly by a railroad | appear ; Warden Evans and his * If. E, CHURCH! larly invited the entire public has The girls’ from the Indian schools will come ion in- Opening song—“America the Beau-; White Ribbons’—) Consuelo Val- Mrs. The speaker ‘of the evening comes! Dean Squires of the University of | h Dakota says in apeaking about | “Mrs, Perkins shows herself to. be a thinker and speaker of real abili- She ought to be heard in every . stop in Bis- convention at Valley City which is; remedy. Off Point Arguello eltic steamship comppny liner, Ruth the naval court of inquiry | HOLD JEWETT ON-CHARGE OF MOB VIOLENCE Dentist Testifies Before Mili- tary Court’ That Jewett Admitted Wielding Lash ’ i TRIAL NOT SET Walton Exults That Klan Is Whipped and No Special Session Will Be Held Oklahoma City, Sept. 22. hreat to close the Oklahoma State air and place Oklahoma county un- der a more rigid martial law unless member of the legislature abandon their plans to meet Wednesday ina session wag ‘voiced today by Gov. Walton, enforcement of (By the Associated Press.) Oklahoma City, Sept, 22.—The net ‘spread by Gov. J. C. Walton for al- leged participants in mob vivlence to- day admits Grand Dragon, N. Jewett, the highest officer of the Klux Klan of Oklahoma. Upon evidence, adduced by a mili- tary court investigating floggings in Oklahoma under the executive state- | wide conflagration of marial law, {Jewett was arrested last night’ by civil authorities in connection with the beating of E. R. Merriman, of Oklahoma City on the night of March 7, 1922. He pleaded not guilty to charge of riot and was released on $1,000 bond, Grand Dragon Jewett hdmitted to Dr. A, A. Maupin, a local dentist, the latter testified before the military court (he, Jewett), had applied the lash to Meriman for his alleged rela- tions with a married woman, Dr. Maupin said he protested against the disparagement of the wo- Man's meme and resigned from the organization on that accdunt. No date yet has been set for his | trial, \ Says Session Won't Meet. Charging that 68 members of the tlower house of the Oklahoma legis- lature are members of the Klan Gov- ernor Walton declared last night that the proposed session called by the representatives which has been call- ed to consider impeachment proceed- ings would not meet next Wednes-! day because it woyld be an unlawful ‘assembly under which his proclama- tion of martial law. He has threatened to imprison any | member who attempts to attend the | session, declaring the Klan members “are the main agitators” of the movement. “But the Klan is whip- ped,” the governor exulted at -his “field headquarters” in the ‘execu- tive mansion, where he has been con- fined for the past week with a se- vere cold. The record shows the Klan is a “lawless ang and criminal organiza- | tion,” he added. “Under the laws of | this state, when any man is mobbed, murdered, mutilated, arly member of the organization | erime as an accomplice unless he promptly withdrew when he found the Klan as an organization was re- sponsible.” WILL ASK NEW | Ik | Webhington, Sept. 22.-—After con- ferring with President. Coolidge, Rep- resentative Anderson of Minnesota announced he would take up with inergasing the’ tariff duty on wheat. Rép. Anderson said he saw no rea- son for calling an extra session of congress in the effort to relieve the agricultuyal situation unless some remedy has been determined upon. He made uggestion as to what sort of legislature might prove a Grant Leave’ _ Of Absence ToD Dr. Staley is guilty: of the| WHEAT TARIFF, the tariff commission the question of} Will Accept Appointment. Eastern Financial Circles Cri Believed His Standing in Would Be Asset In Present is—Bond Fixed at $50,000. REFUSES TO COMMENT Fargo, Sept. 22.—L. B. Hanna, today appointed receiver of all closed banks in North Dakota, state he had received no official notice of the appoint ment and that he would make no comment upon the proffered appointment at this time. Following a conference here with members of the state supreme court Judge Cooley o: f Grand Forks filed today an jorder’ in the Burleigh county district court appointing Former Governor L. B. Hanna receiver of some 81 closed banks in the state of North liabilities aggregating several millions of dollars. Dakota with resources and Mr. Hanna has not yet accepted the post, but a decision is ex- pected from him as soon as he can be notified officially of the appointment. BANK RECEIVER L. B. HANNA H MAN POISONE WITH SHOE DYE Only Administration of ‘Oxy- | gen Artifically During | Night Saved Life | \ | When Wm. Johnson of Almont be- gan to turn blue, first about the lips and later over his entire face and| body, several days ago while at work he thought it was time to consult a physician. Upon his arrival in Bis- marck he was placed in a hospital by a physician who said that his illness was due to 1}: of oxygen. After a little investigation it was the first appearance of about his lips. The attending physi- cian said that poison chemicals in the dye had passed through Mr. John- son's system interferring with the work of the red corpuscles in carty- ing oxygen. In order to save his life oxygen was administered artificially during one entire night. “This is not the first case of this kind which we have received,” said the physicians. “Ever so often simi- lar cases appear before us.” “The dyes used on shges frequent- ly contain a poisonous chemical,” said the physician, “We are taking the matter of this up with the man- ufacturer of the dye,” declared the doctor who had ‘charge of the case, “for it is dangerous to allow the peo- ple to use these dyes when they are exposed, to poisonin; Many Shoes Were Burned in Small Fire Last Night je found that Mr. Johnson had dyed a| pair of shoes a short time before! blueness | Upon motion of Attorney General Shafer, Gov. Hanna was appointed by Judge Cooley who some weeks ago was appointed by the supreme ‘court to hear and pass upon all af- fairs of closed banks. lll acts of Judge Cooley under the law are sub- ject to supervision of the supreme court whose members have not deem- ed it advisable to appoint a special commissioner under the act, Governor Hanna is to qualify uh- der a $50,000 bond and to take over all books, manage and close up banks, liquidating them and taking steps to protect the interests .of depositors and’ to, sedure the best settlement of the affairs of these institutions, His salary and otHer details under the order arg-to be subject to Judge | Cooley's ‘approval and alsg subject to the supervisary control of the su- preme court. Governor Hanna was formerly f& membet of the ninth district federal reserve board and those interested in jthe appointment feel that his selec- tion-will tend to stabilize conditions and assure greater confidence, in out- side financial circles where much of ‘the collateral of these banks are | held. The announcement of the appoint- ment followed a per curiam opinion of the court upholding constitution- ality of the bill passed at the last ses- sion of'the legislature giving to the supreme court original jurisdiction in the affairs of closed banks. There {s no accurate compilation of the resources and liabilities of these banks available. at this writing, but they will aggregate several mil- lions. The appointment of a receiver |for these institutions is regarded as the first step toward adjusting finan- cial conditions in many localities. If Gov. Hanna accepts this order lautomatically dispenses with the services of all present receivers of banks. The intention of those inter- in shaping up the financial status of the banks is to wind up their affairs with as little expense as possible and to select some man whose standing is high. in financial cireles outside the state. HOYME CHAPEL DESTROYED Loss Resulting |! From Fire Estimated at, $100,000 Northfield, Sept. 22.—Hoyme Mem- orial chapel at St. Olaf’s college was destroyed by fire early today entail- ing a loss.of’$100,000. The fire was discovered at n6on by students. Belief was expressed that sparks from an incinderator may have start- ed the fire and possibilities of defec- tive wiring in the attic was inves- tigated. The building was completed in 1906 and stands in the heart of the campus. Witnesses Were Bribed Says : Mrs. Stokes 22.—Three witness- es told the state’ office yesterday tl offer- ed money to sign affidavits defam- Chicago, Sept, 22—T Dr. J. C. Staley, ager of this | city, but now superintendent of Ancker hospital in St, Paul, has been granteq a month’s leave of absence by the city and county board inj charge of the hi ital, according to | information received here, A few months before Dr, Staley | was appointed as superintendent for hosptah he was run over by & speeding eutemoy ‘and: his ankle was br As Kis work in the hos | pital has kept him on his feet a great | deal since that time his ankle has not healpd properly and doctors have ordered’ complete rest... Doctors tee hie administration’ as a com- is and hope is expressed ..| that his; ankle: will heal completely at fi return to his position. ‘ of Chaz ‘Staley. - gitar aud - practi plete Fire, discovered at about ten o'clock last night, nearly gutted the building occupied by the Busy Bee {Shoe Shop between Fifth and Sixth: | streets on ‘Broadway, ‘The fire {which was believed to have started \from electric light wires near the !yoof in a back room was under con- trol by. eleven lock, The building was badly scorched but will be repaired as soon as‘it is the building, Until the buildingsi repaired the: Busy Bee Shoe will be located. on the cot jossible to get to work on it aceord- Ing to P. C.’ Remington who ‘owns ing Mrs. H Elwood Stokes, ac: cording t investigating charges that her, husband, W. E. D, Stokes, wealthy New York hotel owner, had tried to injure her reputation in con- nection with his divorce action, ‘One of ti wits 8, it was an- nowheed, was ‘Thomas’ Flynn, a for- Leng sergeant ‘of police, who said he been ‘api yroached by a private detective offered money to sign that he had eas Mrs, | cer at Sixth and Broadway, according tod. | Wallace proprietor of the shop. A small amount of insurance was carried on the, stock a according tosMr. Wallac to b