The Bismarck Tribune Newspaper, November 9, 1923, Page 1

BAVARI WEATHER FORECAST Fair tonight and Saturday. Somewhat colder Saturday. ESTABLISHED. 1873 T * GITY REFUSES $20,000 BOOST IN THE PRICE Water Company Asks City To * Assume Half of $23,000 Litigation Expense ALSO 1923 TAXES City Refuses to Meet Term, and Deal For Purchase of Plant Appears Off AGREE ON PRICE . Except for any future legal com- plications the city reached an agreement with the Bismarck Water Srprly company shortly be-} $265,-! 2 1923 vaxes. | fore 5 P.M. The p 000 and exemption f It is expectdd that this ends the controversy of years’ sianding. te Was Members of the city commis- ston and representatives of the f' Psmarck Water -Supvly Com- pany apparently were deadlocked on the matter of a purchase price for | the present water plant, late ‘this afternoon. Un- less ‘there was some change of attitude, which would be unex- nected. the deal will not go through. ‘ne company _ representatives asked that the sale price of $265,000 agreed on last summer stand, that the city pay about $23,090 expense incurred in liti- gation before the railroad com- mission some three years ago and that the city pay this year’s taxes, about $8,000. The city offered to pay the pur- ~chase price of, $265,000 and pay the taxes from June 9, the time when under the former agree- - ment it would take over the plant. sf This was the situation when the parties met this afternoon. After. conversations :the city was- - willing to compromise by assum- ing all.of this year’s taxes. The water company represen- tatives- asked -that the city pay half’ the litigation expense, or about $12,000. This, according to city representatives, together al with the taxes, would represent + an incréase of about $20,000 over ay the original $265,000 ‘purchase price: ! Judge Flannery informed mem- bers of the commission that a bond holder insisted upon the city paying part of the litigation expense. . Members of, the city commission flatly refused to bear any part of it. The situation was, so far as the sentiment of the city com- missioners was concerned, that if. the deal did not go through, the city would proceed to build a complete new plant which ft could do, according to engineer's estimates, for about _ $27,000 more than taking’ over the old plant and improving it, and also would begin a fight for lower water rates‘and dther litigation. While the parties were at the city hall, States Attorney Allen and Sheriff. Hedstrom served a garnishment of the city for the water company’s 1921,,1922 and \ 1923 taxes, of approximately, $33,000. The city .commission and Judge George P, Flannery, head of the Bis- marck Water Supply Company, and Pierce Butler, Jr., attorney of St. Paul, held their first meeting on the question of the purchase of the plant of the company. The commission, with P, C.‘Rem- ington and H. J, Duemeland of the citizens committee, discussed the proposition in the; commission meet- ing last night before Mr. Flannery, Mr, Butler and Alfred Zuger were asked to meet with the body. The original agreement had been that the city was to tdke over the water plant as of June 9, but could make the payment as late as September 9: This was not consummated because of delay \in completing financing ‘ plans. ’ Both’ parti ated that they de- sired to approach the proposition of. acquiring the old plant in a consider- { ‘ate manner. Mr. Flannery said that he was responsible to bond holders and stockholders and not, en- tirely free in thé/ matter. He and Mr. Butler raised the question ot $28,000 of expense: incurred in the mission some three years ago. This expense the railroad comm dered amortized and added to, the bills. of consumers in the fixing, of the rate over a period Of yea! Mr. Flannery said this jwas considered by the stockholders as a gebt against _ the city and the city should assume it, / a‘ Stat ‘The question of taxes also’ came p. The taxes for 1921, 1922 and 23° amount to. heal 388,000. He suggested Spat wi ic take over plant on: litigation before ‘the ‘zailroad ‘com-" eee if | ‘RISK PAYMENT ONLY DURING |” BMPLOYITENT of Provision of Law in Compensation Bureau Allowance of compensation for in- jury is made only where it is plainly shown that the injury is in the course of employment, it is pointed out in a decision of the Workmen’s Compensation Bureau here. The de- cision is*digested by Commissioner R. E. Wenzel] as follows: A stenographer for an auto com- pany, while being taken to her home after the day’s work by another em- ploye, using a company car, injured her ankle while stepping from the ‘auto to the curb. Machine was being used without the knowledge or con- sent of the employer and no agree- ment for transportation of employe, express or. implied, existed! Street car ran within ene-half block of the garage andabout the same distance from employe’s home, but employe generally walked to and from work. Claim dismissed as not being for an injury sustained in course of em- ployment. Another case follows: ene: /An employe of a gas and oil sta- tion was, in the course of his“ em- ployment, required to go to a cer- tain garage to fill cars belonging to a taxi'line. On a Sunday, when the schedule for cars necessitated his being at the garage with the truck at about 3 p. m. and again about 6:30 Pp. m., he was severely burned by the explosion of gasoline\sometime be- tween those.two hours. The explo- jhion was caused by a lighted blow- torch, Testimony somewhat conflict- ing, but in the main showed that the gasoline game from’ leaky tank on claimant’s motorcyle being repaired by a friend, and that claimant was Standing near the motorcycle, if not actually working on it at time of accident. , Truck used to fill cars had -previously- been taken back to station by claimant. Case dismissed for reason that, injury was not in course of employment.”. Mrs. ‘Jennie Moran, who with her son operates a big farm southeast of Bismarck,..is well satisfied with the result of this year's operations. She. will make a profit, of several thousand on her séction of 640, acres of land. after-paying half ‘of’ it to’ renters of 320 acrés,.she said in‘Bis- miarck today. wan Bee Mrs. Morati, who is one of the first corn raisers of ‘this’ Er ees HE BISMARCK, NORTH DAKOTA, FRIDAY, NOVEMBER 9, 1923 AN RE MRS. ee shoe incr ee | R ATE PROPOS AL Braving a heavy rain Mrs. Calvin Coolidge (with shovel) accompa- nied by Henry Churchill King (left), president of Oberlin College, and members of the American Tree Association, went,tp the grounds of the Lincdin Memoria! to plant the first college tree. The tree planted is a part of a progrem by Oberlin students throughout the world. COUNTY WILL standing warrants. cent. premium. Council Governor Nestos tatement: I have 'j Neral Councit of the obserwe Sunday, World Court Sunday, tions. “While I shall not issue a procla- mation for the purpose of desig- nating either a World Court Sun- day or a World Court Week, I never- theless feel that we are so much in- terested in re-establishing and main- taining the peace of the world that we should give ex-President Hard- ing’s recommendation of a World Court, our most serious considera- tion, and to review with care both thé advantages claimed for Amer- ica'sy membership in ‘sucha court, and also the’ objections raised to such membership. MRS. MORAN PROVES SUCCESSFUL ~— CORN,-CAFTLE AND: HOG RAISER year, she said; her: corn will average about 50 bushels an. acre. As‘ corn ‘husker, she believes. corn for four weeks. she says. about 4,000 bushels crib. ISSUE BONDS; Burleigh county will go through with the proposition: of gelling $110,- 600 of funding bonds'td take up out- Resolutions were adopted by the commissioners this j week to carry out the proposed sale of the bonds, maturing in 10 years, at a rate of interest of 51-2 per The bonds were sold at a MAKE SUNDAY DAY OF STUDY OF COURT IDEA Governor Calls Attention To Appeal of ‘the Federal of Churches No:th Dakotans are urged to ob- | serve! Sunday, November 11, as a day for study of the world court idea, by in the following | t received from the Fed- Churches of Christ in America, a request that we November ind that we study the world court idea from the standpoint of its rélationship to the American ideal, to the Court of_Arbi tration, and to the League of “I would recommend to the people of this state that they give serious consideration to, this great problem.” WOULD FORCE | | LIGNITE BOOST Operators Say That Increase, Might Be From $1.00 to. | $1.50 a Ton SUSPENDED 4 MONTHS Average Increase Askefl on One-Line Hauls Is Placed | at 51 Per Cent 1 1 i i TAKE ACTION i Minot, Nov. 9.—The North Da- | kota Lignite Coal Operations. aa- sociation has forwarded an ap | peal to the Interstate commerce | commission pleading for a sus- | pension of the proposed new lix- nite rate tariff filed with the commission Wednesday by the Northern Pacific railroad accord- ‘ ing to an announcement by James F. Milloy of, this city, ex- ecutive secretary. In the communication to the Inter State Commerce _commis- sion the new rates are de¢lared to be unreasonable and prejudi- cal to shipperg and a burden on consumers of the northwest Pre- liminary work has been started: toward securing cooperation* from civic organization in North and South Dakota and Minneso- ta in opposing the establishment of the new tariff.’ * . The proposed increase in the lig- nite coal freight rates in North Da- kota might mean a boost in the price! of coal from $1.00 to! $1.50 a ton, ac- cording to one of rhe largest opera- tors in this section. The increase would restrict the present market extension of the lignite coal indu: try, and therefore would entail en, The operators, to continue, ne- in the freight rates, it was explained. Since the railroad commission has suspended the proposed, rate boost, for 120 days, and similar delay is expected before the Interstate Com- merce Commission, increased rates would. not come in any event until ziter the peak of the 1928-24 bu: ness. ‘The proposed increases under the the railroads, was estimated at 40 to 60 percent on one-line hauls by Chairman Milhollan of the railroad commission. A detailed compa ind study worked out by employes the terms being used to describe movement which pagses/over two or more different railroad lines. The same business was asked for the state business. 5 An investigation of reports of the railroad commission reveals that in 1920 more than 90 percent of the tination, while in 1921 85 percent 11, a8]the greatest rates is asked. Under the proposed increase the cost of hauling one ton of coal from Wilton‘to Bismafck would be raised from 61 to 95 cents, un increzse of 89.4 percent. It is proposed in the tariffs to provide a 61-cent maximum for hauls of 30 miles or less. The rate for hauling a ton of coal 70 miles would. be increased 73 cents to $1.19, or 63.1 percent; 100 miles, 97 cents to $1.45 49.1-2 pdrcent; 150 miles, $1.22 to $1.82, 49.2" percent; 200 miles, $1.70 to $2.55, 50 percent; 300 miles, $1.82 to $2.86, 57 1-2 per cent, according to the compari made by employes of the commission. Considerable coal is now being moved“ from North Dakota mines to Minneapolis. .The present rate per ton of lignite from Wilton is $2.43 and under the proposed schedule’ it would be $3.71 a ton, a boost of 52 percent according to officials. The railroads in their petition cit- ed the Holmes and Hallowell case, in which coal rates from the lake docks increase in | cial tices of tax sale, the amount of the | the conf special assessments shall be stated | ent eparately from the amount of gen- FRENCH WON'T YIELD TOU.S., Berlin, Nov. 9.—The Wolff Agency jtoday gave out the text of the | nationalist speech made at Munich yesterday by Semi-Official Statement From Paris Capital Shows Pre- mier Poincare Adamant CONFERENCE RILLED? View Taken by Officials—Sec- retary Hughes Refuses Com- » ment on the Dispatch Pur.s, Noy. 9.—A_ semi-official statement issued by the French for- eign office through“the Havas agency shows that the French government jinsists on the limitation to the ex- | pert reparations inquiry which has been rejected by Secretary of State | Hughes, EXTENT UNCERTAIN® (By the. Associated Press.) Washington, Nov. 9—To what ex- tent the attitude of France has block- ed plans for American participation in the reparations discussion is a ! question which the Almerican govern- ment apparently is not yet prepared to answerf. Informed of ‘the Paris semi-official announcement as he was leaving a long sesston of the cabinet, Secre- tary Hughes expressed great sur- prise but declined to make any com- ment, DELAY ASKED. Paris, Nov. 9—The fact that the French ambassador to the United States, M, Jusserand, has requested a delay in publi Hughes SALES DAY cultural Products féllows: jest five ears of corn, Webb Broth- increase asked for intra-state}ers—Ist, G, A. Hughes, McKenzie; inter-| second, Tebo Harms, Menoken; third prize, John Alsbury, near Menoken. Prizes were $5, $3 and $2 in mer- chandise. C. Syerson, Driscoll; Driscoll, Prices, $5, $3 and §2 cash, “\Best peck potatoes, ware Co.—Ist, Ed. Doppler, Menoken; 2nd, Tebo Harms, Menoken; @rd, G ‘A, Hughes, McKenzie. clock, tea kettle and tea pot. contests, 2 CERTIFICATE on of Secretary declaration regarding the proposed reparations expert commit- | 0) teg is taken as- indicating that the the operators ‘a great-loss bec&fse| United States will decline to partici- of the expansion they have undertak-| pate in the gommittee. : The chances of the committee be- cessarily would increase the price of| ing organized consequently are re- coal greater than proposed increase| garded! as the slightest. PRIZES GIVEN basis laid down in the. petition of] Many Fine Display of Agri- Many splendd samples of quality of the commission fixes the average] production of agricultural products proposed increase on lignite at 51.2] were presented in Bismarck in con- percent on one-line hauls and 37 1-2] tests held by merchants as a part of percent on two or more line nauls,{the Community Day sale yesterday. Winners in contests were announced Best can of cream, quality test by lignite moved on a one-line haul, or| Modern Dairy company, prizes of-| body was sent to South Dakota which on one railroad from mine to des-'fered by A. W. Lucas Company—l1st, 2nd, Hannah | their son. moved on the one-line haul, on which| Anderson, Wilton; 8rd, S. Syerson,| Falls is named in his honor. in scronson ttara.| PERMANENT _ Prizes, alarm There were many entrieg in all ERE DN TFET PRET PAR \ | man empire until ihe moment wh the treaty precipita: té ruin today has be:n abolished. “His excellency, |General dorff, takes supreme command of tie German national army. General Von Lossow is appointed German min- ister of Reichswehr (national de- fence), New York, Nov. 9.—Foreign ex ‘changes toppled at the opening ot | today’s market as a sesult of the sit- | uation in Germany. Demand sterl- ing dropped more than three cents ‘to $4.40, a new low record for the year. | SINCLAIR GAS The Sinclair Refining ‘company | dropped the tahk wagon price of gas- joline today to 146-8 cents a gallon, | and the retail price at Sinclair serv- ‘ice stations and garages dropped to ‘161-2 cents, a cyt of 51-2 cents. SERVICE MAN, MIND RENEWED, JOINS PARENTS Arthur Frazier, South Dako- tan, Is Reunited With Them After Two Years WAS SHELL - SHOCKED Ponca City, Fla., Nov. 9.—Mourn- ed as dead for years and unable to establish his identity becayse of a lapse of memory due to shell-shock, Arthur’ Frazier of Sioux Falls, S. D. and veteran of the World War was reunited with his parents here last night through the -efferts of the American Legion officials. Frazier has been in the care of the various Legion posts during two years during, which time a éonstant search for his family was made. He was known here as Arthur Littles- His father and mother, the Rev. and Mrs. Charles Frazier, ar- rived yesterday after virtually com- pleting. identification through com- munication with the Legion and im- mediately recognized him. The meet- ing seemed to clear his mind gg once and he was quick to return their af- fectionate embrace. Frazier was re- ported by the War Department to have been killed in France and a was buried by the parents as that of A Legion post in Sioux AGRICULTURAL POLICY SOUGHT St. Paul. Nov. 9.—Formation of a permanent agricultural policy for the Northwest and a discussion of the various problems confronting the conference faced delegates to ARE NECESSARY | tte Spring Wheat Regional Wheat Two certificates of sale are neces the game individual bidder, for gen sary where property is sold, even to eral taxes and for special assessment conference when they met at the | University farm today. Four Northwestern states and ‘the ” | federal government are represented. E, M. Freeman, secretary of the delinquencies, county auditors are| conference and dean of agriculture Comm: the sessments are included in no- eral taxes, it is added. informed in a circular letter by Tax| at the University ef Minnesota, de- joner C. C. Converse, citing | clared today that the name “spring on the subject. Where spe-| Wheat” is misleading. I “Rather,’ he said, “the purpose of nee is to form a perman- Itural policy for the agri Northwest.” Luden- | | the WOULD RAISEGERMAN ARMS i. . AGAIN, LUDENDORFF DECLARED y}cictat or, Germany in- | t king a ‘ana in the direction of the BISMARCK TRIBUNE [auom OLT CRUSHED - DEADLOCKED ON PURCHASE OF WATER PLANT amr, “We wish to build up an ultra- confederate state in which Bavaria will have the place Adolph Hittlery % Caraee 2 “The gaverntnt of crit cue it Tomorrow will see nee con- "ting in Berlin,” , “as de- | s tution of a national government prived of office as well as Ebert, |r it wil see us dead. There is no i “I propose to take direct.on of the | nvddle course.” | provisional government of the Ger-) A‘ er Dr. Von Kahr, the Bavarian had deelnred that he was d thai he considered himself r tor of the monarchy which riminals” had overturned five years ago General Ludendorff said “[ am going to‘ re-raise the black, jwhite and red, flag throughout. Ger- many, including on the Rhine.” -_,| GERMAN NEWS SENDS FOREIGN EXCHANGE DOWN IN NEW YORK New lows for the year were estab- lished also by Spanish pesatas, Nor- wegian and Danish kronen and Hol- land guilders, while French and Bel- gians francs declined sharply: ‘SINCLATR 64S ops| HIT WALTON'S PAYROLL USE FOR CHAUFFEUR Senate Committee Learns - Driver of Car Was on Pub- lic Health Dept. Payroll ALSO MADE MAJOR)/mains to-be seen but the rep- Chauffeur Drew Major’s Pay) the English_newspapers. dur- While*the State Was Under Military Control Oklahoma City, Nov. 9.—Addition- al witnesses will be called to the stand by the prosecution ‘today in the impeachment trial of Governor J. C, Walton in support of its charges that. the executive diverted public funds to his own use by entering his own chauffeur on the payroll of the Public. Health Department. The al- legation constitutes in Article 2 of the impeachment bill against the Governor, charging him with cor- ruption in office, neglect of duty, moral turpitude and incompetencein 22 counts. The testimony of 11 witnesses yes- terday at the opening session of the trial before the senate court of im- peachment told; Sew T. P. Edward, the alleged chauffeur, was placed on the health department payroll as an inspector under an agreement -be- tween Governor Walton and Dr. A, E. er, who is an appointee of the Gov- ernor. This was done, it was said, after the commissioner of highways, had declined “to take care of two or three of my friends at the Gover- nor’s request.” Edwards did no work for the de- partment but was paid a monthly salary of $200 for his “services” in the bureau while he operated the’ ex- ecutive’s private automobile, the tes- timony showed. Later it was set out Edwards was commissioned a major in the Oklahoma National Guard on Walton’s orders and dréw regular pay during th eperiod of martial law in the state although he never had stood the required examination, had no previous military’ experience and had_not been regularly sworn in by guard authoriti BANKS SUSPENDS. Orr, N. D., Nov..8—The Bank of Orr has been taken charge of by the State Guaranty Fund Commis- sion and is open for the receipt of special deposits only. The bank is capitalized at $20,000. mond is president. Davenport, state health commission- L. M. Hem-/ to. points in Minnesota, North and South Dakota, were revised in Sep- tember, 1922 and late: \ In calling attention to auditors of the change in the law regardimg penalt; on delinquent taxes, Mr. Converse .| points out that only 5 percent penal- ty is. added to the second half of real “FORGET-ME-NOT-DAY” OBSERVED Mrs. would put some men in the discard, She has ‘been husking She will husk not less than 50 bushels a day, and fon some days as much as 60 bushels, She and her son will put of corn. in the ‘Mrs. Moran raises: geod stock. She Ua has, thoroughbred Holsteins. She’ gan raising hogs some. years Ago, | e bred. brood sows. She. a and, feeds from 10 : 180 ha Bip bergueten yt ven. Fire Starts in S - Lumberyard Cloquet, Minn., Nov, 9.—Fire that) destroyed a section of a lumber yard of the Northern Lumber com- pany just aorose the river from Cloquet was declared under con- trol ‘this afternoon at a loss of $20,000. ‘The wind wes blowing Moran estate taxes and at the tax sale. ‘ ALFALFA SEED TO BE PROTECTED away from the city proper, and city | officials declared that there wes no’ danger of the fire epreading ‘o “he main part.of town.” Fire started ‘wea within control or at leas: er- Fats to pe conta. fo aan poe ‘yer fr ing: - |tenth'of the yaras" oN gister- mm of . state era and seedsmen called by Gover- {the little forget-me-nots to the pub- been endorsement of before 1 a. m, and within an hour] 20°F W. H. McMasters at Pierre ‘Tues- | lic. “Forget-Me-Not Day” hi ‘was appointed to i day. A/committee work out detaila of, the ‘plan is to be. put into effect at the possible date. 04. 2)" i included in the | * amount for which the land is sold Brookings, S. D., Nov. 9—South | United States \conduc Dakota grown alfalfa. seed will be|the benefit of the protected frém adulteration by §| disabled American’ veterans of the cértification and | World ds ealed containers ‘as a result of@8| women everywhere wilt meeting of representative seed grow- | disabled’ vets in the dibtribution of The Disabled American veterans of this city are joining in tomorrow’s “National Forget-Me-Not . Day” of their national organization, ‘several hundred cities and towns in the ting drives for wounded and Hundreds of and assist the War. given-the hearty as u \ FOR DISABLED HERE SATURDAY Early Saturday mowning legions of the work of canvissing the entire conimunity in the interests of the disabled boys. Several thousands of distribution in this city, and it is planned to’ have every man, woman and child in town wearing a bunch of the dainty little flowers that day. Mra: R.A. Tracy, chairman of the local wishes all, young ladies desirous of assisting in the sutceas of the dis- abled veterans’ “Forget-Me-Not” day call her. .- 4, 4 girls and women workers will start! ‘orget-me-nots have been made for, “Forget-Me-Not Committee”, 1 | PRICE FIVE CENTS WAR GENERAL, IS PRISONER Effort to Establish New Dic- tatorship in Germany Meets With Failure CIVIL WAR FORESEEN Allied Governments in Con- ference as Germany Is Racked by New Conflict Paris, Nov. 9.—The inter-allied council of am- bassadors has been sum- moned to meet this after- noon to consider the sit- uation in Germany. London, Nov. 9.—(By the A. P.)—Civil war in Germany is regarded here as the only logical outcome of the rebel action in Munich and on the face of news heretofore re- ceived such situation is con* sidered inevitable. The purpose of the Hittler — Vom Kahr — Ludendorff combination is not apparent but all advices reaching Lon- don point to an attempt to re- store the monarchy in Ger- many with Bavaria replacing Prugsia as the leading ‘state. _ Gen. Ludendorff, it s is to be the military aictgae of the Reisch and the public is to be swept away. Whcth- er he and his fellow conspira- tors are men of the right metal-to effect the change re- utation given Von Kahr and Von Hittler in dispatches to ing the last few weeks do not suggest that these men pos- sess the necessary qualifica- tions for carrying out such a momentous undertaking. : No word reaching London indicates the attitude of the | Reichswehr regarding the Munich revolt but‘on the loy- alty of these troops to the Berlin government everything depends. Hitherto there has been nothing to show any rex, sistance was offered the Hit- tlerites in Munich and the in- dications are that the initial stage of the rebellion passed bloedlessly. PUTSCH CRUSHED (By the Associated Press) The nationalist putsch staged {n Munich, capital of Bavaria by Gen- eral Ludendorff and Adolph Hittler has been suppressed and Von Pohner, named premier by the revolutionists, is under arrest, according to vices received through . various trustworthy channels. Ludendorff and Hittler, who last night proclaim- ed themselves respectively ; military dictator and~chancellor: of all Ger- many, have also been captured by the federal troops after they had been barricaded in the War. Ministry building in Munich, which was sur- rounded by the trocps loyal to the government, Advices from Berlin and other centers show that Dr. Von Kahr, Bavarian dictator under the Von Knilling regime, and the Reichswehr commander Von Lossow,. ranged themselves against the Ludendorff- Hittler organization and thatthe \eoup was confined almost entirely to the Munich brewhouse in which it jarted. The intense activity in Berlin which followed the first news of the outbreak has died down, according to dispatches from the capital and the situation at mid-forenoon was such that police guards were withdrawn from government buildin; Authoritative information from Munich is scarce, direct communica- tion having been suspended, railway j traffic stopped and an edict issued {by War Minister Gessler forbidding publication of other than officiai re- ports regarding events in Bavaria. The French. government, which gave official warning ‘in Berlin that it would vot tolerate establishment of a national military dictatorship. is watching developments closely and Premier Poincare this morning was in conference with his. war ministers while the inter-allied council of am- bassaders «representing all. allied this ae powers will meet at 6 o'clock afternoon. Wait OUTBREAK Berlin, Nov. 9.—(' -utbreak in Munich’ bas .