The Bismarck Tribune Newspaper, November 8, 1923, Page 1

WEATHER FORECAST Fair tnight and Fridav. much change in temperature. Not ——— ESTABLISHED 1873 TO FIG BASTROP CASE ARE CONTINUED ~~ INDEFINITELY), Delay of Three Weeks, Per- haps More, Is Seen in the Hooded Band Trials WANT A NEW JUDGE Defense Counsel Asks Judge Odom Disqualify Himself as Prejudiced in Case DENIES MOTION Bastrop, La., Nov. 8.—(By the Associated Press)—Judge Fred > M. Odom today overruled the motion of the defense in the Morehouse misdemeanor trial that he recuse or disqualify him- self. The defense gave notice that it would appeal to the su- preme court. The defense had charged that the court was bias- ed and prejudice. Bastrop La, Nov. 8—Judge Fred M. Odom today fined Capt. J. K. Skipwith, exalted cyclops of the Morehouse Ku Klux Klan, W. J. McIntosh, Benton Pratt and Marvin Pickett $10 and costs. They were convicted Monday of carrying firearms on the prem- ises of another. Bastrop, La., Nov. 8.—(By the As- « sociated Press)—Judge Fred M. Odom, presiding at the trial of the Morehouse Paris misdemeanor cases growing out of masked band activi- ties last year which culminated in the kidnaping and alleged murder of Watt Daniel and’ T. F, Richards of Mer Rouge on August 24, 1922, was to rule today on the motion of de- fense counsel requesting that he re- fust or disqualify: himself on the ground that he is biased and preju- diced against the defendants. The motion was presented to the court in a lengthy statement after 'T. Jess Burnett, former parish de- puty sheriff, had been adjudged guil- ty by the judge of assault with a dangerous weapon in-coynection with the holdup on August 17, 1922, of Harry Neelis, a garage worker, by two unmasked men .whom Neelis swore he recognized as Burnett and Harley Rogers. Judge Odom announced the trial would be interrupted no matter what his decision was and he postporied all the remaining cases indefinitely, discharged all witnesses and dis- missed the defendants until further notice. In the opinion of District Attorney David G. Garrett it will be three weeks at least before it will be ‘possible to resume the trial and other court attaches believed it pro- bably would be six weeks. It was stated by defense counsel if Judge Odom overrules the motion for recusation an appeal would be tnken to the state supreme court. The defense also challenged the right of the court to rule on the motion and contended that Judge Odom must call on another judge to act for him. Should the decision be favor- able to Judge Odom if this course “G is followed. * i Exceptions were taken by. defense counsel to remarks made by . the! court in announcing his decision in the Burnett case. Burnett has testi- fied that he knew nothing of the Neelis hold-up and numerous _wit- nesses on the stand swore BuFhett was at work on the day of the Neelis holdup. ENGINEERS ON - ROAD STRIKE With Firemen They Walk Out on Virginian Railroad as Protest Roanoke, Va, Nov. 8.—Engineers ‘and firemen on the Virginian rail- way walked out at 6 o'clock this morning in protest against the dis- charge of several of their number about a month ago, General Man- «,e¢er E. H. Birchfield declared he | ‘had sufficient mento move all trains from this city. The strike was general all along the line, Mr. Birchfield announced, despite instructions from the rgil- way labor board that action be/de- layed until November 14. - SOUTH DAKOTA BANK ROBBED eee Watertown, S, D., Nov. 8.—Two men held: up and robbeg the ‘Farm- ers State Bank at Troy, about 25 ‘miles north of Watertown, shortly after the opening at 9 o'clock this jorning and escaped jn a small au- mobile: with $200 in’ currency. As- sistant» Cashier Reinmuth, the only ‘man in the bank at ‘the time, ‘was eld up by one man and locked in ~ the vault'while the second. remained “outside ‘in’ the automobile,’ 5 “bers fled ‘in a abutherly *djrectiot _ without encountering interference. Gaston Means, Man Who Loves Trouble, Its Clutches Again — And Happy BY ALEXANDER HERMAN, NEA Service Staff Writer, ! New, Nov. 8.-Gaston B. Means is in trouble i Bat he lkes it. For he has become a champion at it—charged in his t.me with murder, forgery, conspiracy and fraud. Freed of all, he now faces another ind Thfs time as the alleged antic Lootlegging conspiracy, + But he merely shrugs his shoulders laughs. eat fun this,” he says. “I'm going to gét a big kick out of it. For it’s the thrill of such adventure that makes life worth living.” Ten years agdé Means was a school teacher down in the Carolina Moun- tains, But’ the dull routine: of school work palled on him. “When I was a kid,” he went on. “I always dreamed of the time when I would grow up to be a real detec- tive. It was my boyhood ambition, “When ‘the chance came to give up my school work, I grabbed it. 1 wanted to go north and indulge in the fancy of, my childhood dreams.” And he did. He soon gave up his WATER PLANT QUESTION UP HERE TONIGHT Judge Flannery, Head of Com- pany, Arrives From St. Paul to Meet Commission SALE MATTER IS_ UP Judge George P. Flannery of St. Paul, president of the Bismarck Wa- ter Supply Company, Pierce Butler, nery of Minneapolis arrived here at noon to meet the members of the Bismarck city commission on the waterworks question. No comments were forthcoming in advance of the meeting between the parties. The city commission had adjourned Monday night until 2 o'clock this afternoon, but the meg¢t- ing, was further postponed, -and it was expected that Judge Flannery would meet the commission tonight. During the afternoon'the water com- pany representatives discussed vari- ous phases of the business, and Judge Flannery met a number of old friends. The city commission and Mr. Flan- nery: had agreed last summer that the city wolld purchase the plant of the Bismarck Water Supply Com- pany for $265,000, taking possession eptember 9, but the deal was not congummated owing. to delays in completion of arrangements with financial houses: Both parties, it is understood, desire to reach an agree- ment, but there may bea number of questions which have arisen since the first agreement was made that will have to be tled. ‘ nS GRAPES ABOUND IN BULGARIA. Sofia, Bulgaria, Nov. 8,—Local winemakers are dismayed at the prospect of an abundance of grapes this year, for a good harvest will force down the, price of wine. Last year’s crop is still; unsold; and today the casks are worth more than the wine itself, “KILLED IN ACTION, / Fresno, Calif., Noy. 8.—Frank Pira “killed in action” in France five of Hie Males post of the American. egi for ian _ Fire, declared that he. had been t | St. Paul attorney, and R. C. Flan-|- years ago and fdr whom taps had, reported dead, and that he refu been sounded at. four Memorial Day| his own $10,000 fe insurance whil exercises, at Madera near here .has| visiting his pafents in to 8. B. Hern, commander | later returned to the United. States aid in recovering, his eit-| entry as a ip and establishing himself ‘on ficially,; dead. i farmy records as a living man, | |. BISMARCK, NORTH DAKOTA, THURSDAY, NOVEMBER 8, 1923 CASTON B. MEANS, WHO LOVES TROUBLE. , Job of being representative for some | eotton mi:ls, and became an inves- ipator for a private detective agen- c: Most of the time he worked for William J. Burns, now head of the United States Secret Service. In 1914 he became a special agent | cor the Gorman government. He re- ved $100 a day for his work. | “I worked foy Captain Boy-Ed, German naval attache,” he says, “and got mixed up in innumerable messes. | But it was all part of the game. “When I foresaw that the Ger- mans were forcing this country into the war, I quit their service and be- gun wofk ng for our government, Fol- lowing a tip, I discovered that the Germans were making arrangements to get Huerta of Mexico into this country. I exposed the whole scheme, and Huerta was arrested as he tried to cross the border. “I dug deeper into the intriguing of the German spy system and dis- covered the plots to blow up the capitol at Ottawa and the Canadian Bridge. Both schemes were nipped before their execution, Van Horne, ‘the German spy, being caught red- handed as he was approaching the bridge.” aioe ’ Meanwhile Means had been acting (Continued on. Page 6) ! State To Sell Farm Loan Bonds Bids will be received by the state industrial commission on November 24 for the sale of $2,400,000 of real estate series bonds, the proceecs to be used by the farm loan department of the Bank of North Dakota. Bid- ders may bid on bonds bearing cith- jer of five or five and one-quarter percent interest. QUAKES RACK CALIFORNIA Residents of Imperial Valley Feel Two Severe Shocks Calexico, Calif, Nov. 8.—Residents of Imperial Valley today were selecting safe resting places for their glassware and other breakable belongings after experiencing two earthquakes. in 50 hours, Damage caused by last Monday's quake was still unrepaired when another tre- mor racked Calexico .late ‘yesterday, the tremors traveling in a northwest and southeast direction and lasting two minutes. f Cracks opened in various buildings Monday were widened, windows in various stores were toppled into a heap and a small blaze Blso was started by the breaking of electric power lines. As in Monday’s earth- quake, however, no one was injured. Property dam: was small. THIRSTY GERMANS WON'T BE DENIED Bochum, Germany, Nov. 8.—Boy- cotts on beer to bring down the price do not work in Germany be- cause the public is not sufficiently self-sacrificing. Four hundred saloen keepers of Bochum recently agreed to sell. no beer because the brewers fixed too high a price. Thirsty customers beg- ged for the lager at any price, and within 24 hours the strike was over, and the Wurtberger flowing again, but at prices so high as to material- ly reduce sales,- ” HE NOW "SEEKS CITIZENSHIP AGAIN denied the privilege of rejoining his company’ of France because he Italy. He In| MESSAGES OF CONDOLENCE ARE RECEIVED Many Friends of Mrs. E. G. Patterson From Over State to Attend Funeral Saturday . »’ RESOLUTIONS: ADOPTED Board of County Commission- ers, in Session, Decides to Close Courthouse Sat- urday a.m. +” of condolence from parts of the state poured into the Patterson apartments nt the McKenzie today where rela- tives and close friends of Mrs, Pat- terson, who died, yesterday morning | after a long illness, were gathered, A large number of people from vari- ous parts of the stute are planning to be in Bismarck to attend the fun- eral services, which will be held at St, Mary’s church at 9 o'clock Sat- urday morning. Numerous floral of- ferings had been received early to- day. Tomorrow the body will lie in state, where it may be viewed py friends from 10 a. m. to 4 p, m. Mrs, Ellen, Moore, a sister of Mrs. Patterson, and daughter of LaCrosse, Wis.; Mr. and Mrs. J. G. Halbeisen of Golden Valley, and Mrs. Conyne cf Mandan, who had been constantly with her sister for several days, were among the relatives who had arrived today. Mrs. James Nagle of Chicago will arrive tonight, and Edward Cole, proprietor of the Metropole hotel, Fargo, errived this morning, Honorary pall-bearers for the fun- eral were announced as follows: William H. Webb, I. P. Baker, Ed- ward Cole of Fargo, L. A. pson, of Dickinson; S. H. Clark, C. B, Lit- tle, D. J. McGillis, George D. Mann, | H. 0. Batzer of Hazelton, BE. H. L. Vesperman, Alex Rosen, Charles M& Donald and John L, Sullivan of Mandan and P. C, Remington. Active pall-bearers will be P. E. Byrne, T. H. Poole, P. R. Fields, John Whitney, T. C. Madden, 0. B, Nelson of Minneapolis, H, T. Murphy and Frank Barnes. Resolution Adopted. The board of county commi ers, in meeting late yesterday, passed a resolution of regret and directed that the court house be closed Satur- day morning. The resolution is as follows: Whereas, God in His infinite wis- dom has called the beloved wife of Edward G. Patterson, our esteemed Chairman and friend, to her heaven- ly reward, and Whereas, Mrs, Edward G. Patter- son was in her lifetime, one of the foremost women of our county and state, and. was one of the most high- ly respected and best beloved of those who came to the city of Bis- marck when it was but a struggling ‘ag an immigrent' after being refused en because he was of- |The ‘Madera: post has. taken ‘the case up with Washington: authorities. village, and who devoted her lite work to the building up of the city and the betterment. of those who jived in Bismarck and the surround- ing country, and Whereas, the death of Mrs. Ed- ward G. Patterson has been a great blow to her numerous friends in Bismarck and to the whole: state, her great ability asa teader in the business world, and her kindness and thoughtfulness for the welfare of others being known far and wide, and l Whereas, it is the desire of this board that a record be made showing our appreciation of the life of Mrs. Edward G. Patterson and our deep sorrow and regret at her death, Therefore, Be It Resolved: that we the Commissioners of Burleigh coun- ty in regular meeting assembled do hereby ‘express our deep sympathy for our Brother Commissioner and Chairman, Honorable Edward G. Pat- terson, for his great loss in the death of his esteemed wife. C. A. SWANSON, OSCAR BACKMAN, VICTOR MOYNIER, AXEL SODER. WON’T HEAR RAIL CASE Washington, Nov. 8—The Inter- state Commerce commission has re- fused to undertake an investigation into the general level of railroad Fates. ‘Identical letters, containing notice of the decision fe address- ed yesterday to various organizations of shippers ‘and producers. Lire GIRL LOST IN SNOW, N. D., Nov. 8—Lost in jow and confused in the he guided her,cow pony in search of cattle, an 8-year-old or- phan ‘girl, named Livenonick, was forced to spend the night in a de- serted shack which she chanced to find.’ She put her-horse in. an old shed and carrying straw for a bed for herself, she spent-the night in cold and hunger. 5 We * In the morning she found her way to ‘the home of Mrs. Gus Anderson, with whom: she lives. : \ \ | | ‘option vote taken in 43 towns HT LIGNITE R BANDIT JESSE HER GRANDDAD Remember Jesse James, the rob- ber bold? Well, just a moment. Meet his granddaughter, Josephine Frances James. She's a private secretary in Kenosha, Wis. Her father, Jesse James, Jr. is a retired lawyer. FRANCE STEPS ON NEW PLAN ~ OF GERMANY Will Not Tolerate Establish- ment of Dictatorial Gov- ment in Germany ACTIVE IRREGULAR: (By the Associated Press.) Paris, Nov. 8:—The French govern- ment has instructed its ambassadors J in Berlin to inform the German gov- ernment that France would not toler- ate the establishment of a dictatorial government in Germany. IRREGULARS ACTIVE, \ London, Nov. 8.—The Berlin cor- respondent of the Exchange Tele- graph forwards a telegram from Munich which says that the Bavarian irregulars have decided to march on Belin tomorrow. VETS BUREAU INQUIRY MAY BE BROADENED Charged That Employes Seek to Hinder Investigation in Every Possible Way Washington, Nov. 8.--The scope of the senate inquiry into the Veterans Bureau probably will be broadened as a result of statements made tc the investigating committee yester- day by, its counsel that certain em- ployes of the bureau has sought to hinder in every way the obtaining retords and papers for the inquiry and prosecution. R. E,.Routsong, in charge of the statistical division who was assigned by Director Frank Hines to assist committee counsel, was named as one of the employes and the com- mittee asked that it be furnished a list of others. Specifically Rout- song was charged with withholding papers relating to payments to Mat- thew O’Brien, a San Franciseo archi- tect, for unused plans for a hospital at Livermore California, The com- mittee’ was in recess today until next Mohday. “WETS” VICTORS, IN SCOTLAND London, Nov. 8.—Judging from the result already compiled in the local in Scotland this week the liquor dealers and their customers have every eause for satisfaction. In all except @ few places the “wets” not only de- feateg the tee-totalers but increased the victory they scored in the last contest three years ago. The utmost efforts of the pro- liquor element, however. failed to shake the resolution of the residents of Milngavie, Kirkintilloch and Kil- ‘gyth, who reaffirmed their. faith in temperance. Qn the other hand a small town in Perthshire fell from grace and elected to. revétt to the column: of the “wets” after three A ots of experience with pronibi- ion, FS Ye : ve ‘STILL HOPE 70 RECONCILE U.S. | FRENCH VIEWS | Conversations ‘Between Secre- tary Hughes and Ambas- sador Jusserand Continued |GET EXE EAN ATION) | French Viewpoint Is Laid Be-; fore Washington Officials in New Meeting | Washington, Nov. 8.—Beyond the jfact that direct conversations be- | tween Washington and Paris govern- ments are continuing there was no j indication as to what progress was being made to clear the way on the scope of the proposed expert quiry into reparations, A detailed explanation of the French position has been laid before officials here. After receiving this in a half-hour conference with Am- bassndor Jusserand late yesterday Secretary Hughes avoided any com- ment whatever on the outlook while the French ambassador confined himself to the statement that the conversations were continued, adding | that “when there is a definite re- sult it will be brought to your no-| tice.” | The Secretary went directly from the conference to the White House} to report developments to President Coolidge. The fact that the exchange of viewpoints here with the French gov- ernment continues is acepted in some quarters as indicating at least that hope is still-retained for reconciling the American and French positions and thus clearing the way for an un- derstanding among the allies in ex- |tending an invitation for American cooperation in the proposed inquiry. This was linked with press reports of increased hope in Paris of an ul- timate agreement among the allies as also supplying an optimistic vinge. in- WALTON FAILS | IN APPEAL T0 FEDERAL COURT. Judge Holds He Lacks Juris-' diction and Governor Must i Go on Trial . ENTERS HIS Oklahoma City, Nov. 8—(By the Associated Press)—Governor J.C. Walton went to trial at 1:80 p. m. today before the sen- ate to answer 22 impeachment charges all involving wilful neg- lect of duty, moral turpitude and misuse of office. PLEA Oklahoma City, Nov. &—Denied! federal intervention by which he at-} tempted to halt impeachment i ceedings Governor J. C. Walton will go to trial before the senate court of impeachthent on 22 charges of official misconduct. The Governor is determined to make another bid for government mediation on the ground that he will not be given a fair trial before the state legislature conspired be- forehand with the Ku Klux Klan to; rentove him from office but his op- ponent in the action considered it un- likely that it will meet with any More successes than the first at- tempt. On this assumption it was predicted that the impeachment hear- ing will be long-drawn out, possibly lasting a month or more, since the Governor’s lawyers say they will in- sist the court hear evidence on all the charges before voting on the ver- dict. Conviction on one of the impeach- ment articles would automatically removed him from office. /U. 8. District Judge Cotteral in federal court at Lawton late yesterday refused to grant the Governor’s application for an injunction to restrain the legis- lature from proceeding with the trial, holding the court had no jur- isdiction in the case. The court, how- ever, left the way open for another ruling on the petition when it grant- ed the Governor a new hearing at a date yet to be set. An appeal to the jupreme court will be taken if the action is finally denied,, the ex- ecutive’s counsel indicated. While the proceedings were being held at Lawton, the Governor appear- ,e@ here through his. cou and en- tered a plea of not guilty,/at the fame time making a sweeping denial ‘of all impeachment charges. . Sy INCORPORATIONS Articles of incorporation filed with the Secretary of State include: Hoving Grain Co., Hoving; capital stock $10,000; incorporators, R. C. Bergeman, ‘H. T. Wilke, Milnor; E. J. Hatle, Ludvig Thorson, “Lisbon; August Anderson Gwinner.: THE BISMARCK TRIBUNE [tian] ATE BOOST AMAZING! Incealating against nothing new. in 300 B, C., according to Dr. G. W. smallpox is Why, it was common McCoy, director of the hygienic laboratory of the United States Pub- lie Health Service. He's busy now pointing out many d’seases that can be fought with vaccines and serums. Oe ee RAILROADS PREDICT BIG ‘24 BUSINESS ‘Executives Approve Billion and a Half Do!lar Expan- ‘Sion “Program for Year BREAKS ALL RECORDS New- Locomotives, Cars and Equipment to be Bought By the Railroads (By the Associated Press.) New York, Nov. 8.—Forecasting for 1924 another'period of such record- breaking trade traffic as the United States has experienced in the year just passing two national organiza- tions of executives of the foremost railroads today adopted an ambitious program of financial and physical expansion for the next 12 months. The program, drawn by the board of directors of the American Railway | association, representing 240 roads, |was approved by the full member- ! ip and later by heads of the 194 class one roads which comprise the; association of railway executives. It contemplates the aggregate ex- penditure, exclusive of what appro- priations may be contained in the 1924 budget of $243,804,000 already authorized for new locomotives, cars and equipment, This would bring total capital expenditures of class one roads since 1922 to $1,732,516,- 000, a high precedent in the history of American transportation for any similar period. Although the program did not specify the total capital expenditures for 1924 that’ might be written in the budgets of individual roads it expressed complete satisfaction with results of the billion and a half dol- lar plan of expansion embarked on last spring. WOULD KEEP WILLIAM HOME ; Allied Council of Ambassa dors Against ex-Crown Prince’s Return Paris, Nov. 8.—The allied council of ambassadors decided today to re- quest the Dutch government not to allow former Crown Prince Frederick William to leave Dutch territory where he has been in exile since the war and also to ask the Germarf gov- ernment not to allow him to enter Germany. as he is one of the persons whose arrest is sought for war crimes. WEATHER REPORT For twenty-four hours ending at noon today. Temperature at 7 a. m. 26. Temperature at noon 45. Highest yesterday 52. Lowest yesterday 28, Lowest last night 26. Precipitation 0. Highest wind velocity 5. Weather Forecast, For Bismarck and vicinity: tonight and Friday, Not change in temperature. 8 For North Dakota: Fair tonight and Friday. Warmer tonight south- east portion. Somewhat cooler Fri- day north portion. — Weather Conditions No storm areas of any importance appear on the weather map this morning and fair pleasant weather prevails in all section: ‘Tempera- tures have: dropped somewhat. over the upper Mississippi Valley and Great Lakes Region but elsewhere temperature changes slight, : Orris W. Roberts, Meteorologist. Fair x PRICE FIVE CENTS" OPERATORS TO GET HEARING ON QUESTION Railroad Commission Sus- pends Rates For 120 Days Pending Hearing in Matter PLOT IS CHARGED J. L. Sullivan, Attorney For Operators, Sees Combine With Pennsylvanians “The proposeg 40 to’ 60 percent increase in the lignite coal freight rates in North Dakota would abso- lutely throttle the infant coal min- ing industry in this state,” said At- torney John F, Sullivan of Mandan counsel. for the North Dakota Lignite Coal Operators Association when in- formed that petitions were filed with the ‘railroad commission by railroads for such an increase. ““] despise a muckraker, but on the face of this petition I can see nothing else than a gigantic com- bine between the railroads and the coal operators of Pennsylvania and the east to throttle the lignite indus- try in North Dakota. “The main thing holding down coal mining in this state today is high freight rates. Twice during the war freight rates affecting lignite coal were raised, 30 percent at one time and 25 per cent at ‘another time. There has been a slight de- crease since. Last summer the eastern operators invaded North Dakota with a price on eastern screenings at a price so low that larger users were supplied with screenings at a price strongly indicating it was below the cost of production and freight. It was so close that practically all the largest conswmers of screenings are burn- ing Pennsylvania and eastern screen- ings obtained under these contracts. Are Underbid “And today, declared Mr. Sullivan, fie screenings from the coal mines in western North Dakota are being dumped on the ground as waste ma- terial in ‘spite of the fact that they are as fine fuel as found any place. When anyone stops to cons der ,that in North Dakota we have an exceptionally high grade of fue! the front door of our trade cities, Minneapolis and $t. Paul, and yet the Pennsylvania soft coal operator can mine his coal, load into cars, 'ship to Buffalo by rail, ship by ‘water to Duluth, unload from ships and reload on cgrs and ship to Min- neapolis and St. Paul and sell there at a price so low that our western North Dakota products can’t .cam- pete with it it would seem it is high time the trade clubs of this mid-west section took ‘an active interest in the coal rate matter. There is no justi- fication for the rate increase.” He indicated that what action the coal operators might take must be decided by the board of directors but declared that action certainly would be started to fight to the laet diteh any increase in North Dakota rates. Increases in lignite coal rates pro- posed on both intra-state and inter- state business by the railroads Oper- ating in North Dakota will be vigor- ously fought by lignite operators of North Dakota, it is expected here. The intra-state tariffs proposed by the railroads, effective December 6, were ordered suspended for 120 days by the state railroad commission pending an investigation and hear- ing, the date of which will: bet set later. W. P. Macomber of Wilton, presi- dent of the Washburn Lignite Coal Company, informed of the filing of the petition, declared that increases would be opposed. “The Ngnite rates are high enough now,” he said. “If the coal compan- ies were making one-half as much as the ralroads they would be satis- fied. There isn’t a lignite mine in the state making a dollar today.” Mr. Macomber said an increase would especially handicap the indus- try since it is now seeking to de- velop a market a longer distance from the mines than every before. The proposed increases, as figured by the railroad com jion ataff, range from 40 to 60 percent on one line hauls and smaller increases on two and three line hauls. A general increase is sought in whatever man- ner lignite is moved, ,, The railroads, in their petition to the Interstate Commerce Commission a copy of which was delivered to the state commission, cited a former de- cision of. the United States Supreme Court in which lignite rates existing many years ago were held.to be con- fiscatory. In their petition on stgte rates the carriers point to the Hol- mes and Hallowell case which involv- ed bituminous coal rates in the Northwest. “ : The railroad commission, is. sus- pending the proposed increase f 120 day: , anid it took the action on the that the compatison to the Eaee = Hallowell decision was not. justified because of the difference in heating ; value of the two commodities, ‘and: j because the ‘proposed rates would be . Unjust and unreasonable, §