The Bismarck Tribune Newspaper, November 21, 1923, Page 1

i | SE Oe Cee hi a i CROMER. | Xe S| § » would be a big one. WEATHER FORECAST Generally fair tonight and Thursday. Rising temperature. ESTABLISHED 1873 x \ THE BISMARCK TRIBUNE SS BISMARCK, NORTH DAKOTA, WEDNESDAY, NOVEMBER 21, 1923 WALTON EXPECTS INDICTM TEACHERS ARE ARRIVING FOR CONVENTION Come From All Parts of the State Today for the 36th _ Annual Gathering i i TONIGHT: OPENS HERE Mayor Lenhart to Welcome Visitors — City Decorated as Greeting to Visitors Program Tonight. At city auditorium. 7:45) sp, m.—Musie, * Musical club, Call. to. order, vain, Invocation, son. :00 p,m. Welcome by Mayor Lenhart. President Stebbin: Announcements, Appointment committ 8:20 p, m.—Address, Miss Niel- son, 9:00 p. m.—Address, Dr, Julius Borass, St. Olaf's College. Teachers began to arrive in B marek today from various parts North Dakota for the 36th ani cession of the North Dakota Educa- | tion Association, M. E, McCurdy of | Washburn, secretary of the organiza- | tion, predicted the attendance would | exceed 1,000. | Thursday Nelson Sau- Rey. LG. Mon- address, W. G The executive committee of the or- ion was scheduled to hold a meeting late today, at which time it is expected that a plan for the busi- ness sessions will be outlined and the major topics for consideration W. C. Stebbins of Grand president of the association, irman of the executive commit- | tee. Other members are Neison Sauvain, Devils Lake; Minnie J. Niel- son, Bismarck; Beatrice John-} ©. E, Allen, Val ler, Minot; J. E | ambassador: The first general session wiil be held at 8 o'clock tonight in the Bis- marck city auditorium, with a call to order by Nelson -Sauvain, past! president of the organization. After the weleome by Mayor Lenhart of Bismarck President Stebbins will sive his annual address, Committees | will be named for the convention. State Superintendent Minnie J. Niel- son. will address the: convention on “What We Are Getting For What We Pay” and Professor Boraas of St. Olaf College will speak. Bismarek assumed gala attire to-| day in honor of the teachers _pen- nants being flung across all of the principal downtown streets of the city. There was some discussion as to whether or not the program would | be altered to permit all of the vis- iting teachers to attend the state high school championship _ football! game between Fargo and Minot on the local field at 3 p. m. Friday. The lecture of Count Tolstoy on Thurs- day night and the appearance of Rie- cardo Martin, Metropolitan Opera | Company tenor, on® Friday night wege among the high lights of the convention program it Bismarck citizens opened their homes to the visitors, it being ex- pected that they would overflow the hotels, and Mandan, across the Mis-! souri, issued an invitation to the! teachers to visit that city, now | brought nearer to Bismarck by the Missouri river bridge and motor! transportation. Program Tomorrow. The program for ‘tomorrow fol- lows: Morning—Seetional meetings, high | school. j Afternoon—Music at 1:45 p, m, city auditorium; report of nominat- ing committee; 2:10 p. m., address, J. O, Engelman, field secretary, N. E. ‘A.; 2:45 p, m., address, President Harold W. Foght, Aberdeen Normal; 3:80 p. m., address, Theodore Young, Chicago; announcements, reports. Night—7:45 p. m., music; 8:00 p. m., address, Governor Nestos; 8:45 p. m., address, Count Tolstoy, “The Truth About Russia.” Many Arrive. Scores of teachers arrived here on the morning trains, and while it was not possible to accurately estimate | the number that would be here, it was evident that the -convention Business men of Bismarck met trains this morning with automobiles, to take teachers to their hotels and to the information bureau at the Association of Com- merce, and Boy Scouts and other boys aided in carrying grips to vari- ous places. RUPTURED BLOOD VESSEL | .. 1S ALMOST FATAL Dickinson, N. D., Nov, 21.—An op> eration performed by local physicians upon Jimmie, 8 year old son of Mr. and Mrs, James O’Brady of Kiljleer, located a ruptured blood vessel in the nick of time to sae the youth from bleeding to death. |The boy had been knocked down and run over by 3 speeding automobile at Killdeer. Hé will recover. BURNSTAD MAN SENTENCED. Burnstad, N. D., Noy. 21.—Adoiph ‘tity yesterday before the this morn quired was Gunsch, of this, vicinity, pleading guilty before District Judge McKenna to a statutory crime, was sentenced to serve one year in the state :peni- tentiary. He has begun serving sen- tence. 4 MRS. MORTIMER | CAN'T TESTIFY! A = i Washington, Nov. 21.—Mrs. Kath-} ortimer of Philadelphia, wife | of Elias H. Mortimer, star witness against former director Charles R.j Forbes, tried unsuccessfully to tes-! ate ve- | terans’ committee in an effort, she! 1, to vendicate, publicity, character and good name. SEES GERMANS PROFITING BY . ALLIRD DELAY ‘Objects to Having to Consult | Allies if Germany Fails te | Make Good i COUNCIL | Differences Between Allies| Over Method of Procedure in a New Stage Paris, Nov. 2 By the A. V.)-—The allied council of am- bassacors called to consider: the text of the note to be sent to Germany reached cord at the t efternocn. r declarcd by the men ing the council and b shal Foch to he pordeulany sathactory. Nov. 21 (By the A. P.)— 3 h ambassador, | rom London ! ng regarding the note! the allics are to send to Germany. | Tt was then announced that the council of ambassadors would meet | this afternoon. t One little word, “consult,” has been delaying final action by the council on the note since Monday, it appears from today’s develop- | ments, The de Paris, Lor received i ision reached by the on that day was the note. to Germany would set forth the allied demand that the military clauses of the peace treaty be com- plied with and that if Germany failed to satisfy that demand the allies would “consult” as to what ; action the situation called for. t Objections to that word were raised in the French cabinet meet- ing Monday afternoon. It was de- clared that the necessity thus im- posed on France “to consult” her allies ev. tme action was re- just what Germany was | relying on that no steps forward would be made if after making the | concession to the British govern- ment on the climination of any reference to ponalties the heads of the French government should still remain tied. After consultation between Jules Cambon and Lord Crewe on that point the Br'tish ambassador sug- gested another word to his govern- ment which he though might satis- fy London and at the same time would remove the objections of the French cabinet. It is understood the British accepted the modifi- cation which amounts to tacit ac- ceptance of the French reservation of th's right to act separately if Germany’s attitude should make action necessary, FARMERS GET ROAD WORK Check-up Shows That Many of Them Put Teams to Work .. Sixty-one percent of the teams em- ployed on state highway construction in North Dakota during the past season were farmer-owned teams and 52 percent of the labor was from the farms of the state, W. G. Black, chief engineer of the state highway commission, declared upon checking @ questionnaire. Mr. Black said it was especially gratifying to the de- | partment to find contractors giving North Dakota farmers an opportun- ity to work teams on the roads, and he anticipates the policy will be con- tinued in the future. In view of the larger program of farm Avork for the next year, it is anticipated that more jobs will’ be created for farm labor, he said. SCHOOL OUT FOR THE WEEK School was dismissed in Bismarck at noon today, and over the entire state is suspended because: of the North Dakota Education association meeting here today. ij QUANTITY OF POULTRY SHIPPED, Rolla, N. D., Nov, 21.—Poultry by the thousands will -be shipped from Rolette county this fall, farmers say, and the dealers in the various towns CALLED | ; | erdit ile’s of the county are preparing for an unprecedented business in this kind of produce. EAST GLAD TO HEAR TRUTH OF | NORTHWEST overnor Tells Rotarians of His Trip to New York and Men He Met RECEPTION CORDIAL Believes That Much Can Be Done to Dispel False No- tions of the State Carrying the troth about North akota to the Kast, is the latest ser » of Governor R, A. Nestos to the tite. He retur today after a series of erences in ew York with some of the most prominent men in all walks of life and told the Rotatiags at their week- iy luncheon at the MeKenzie hotel of the splendid heaving given to him sion, was given a most tion and commend- upon every oc r fed highly Yor seeking to dispel false impressions gained oi the state's over a period of political and government instability »vernor Nestos to sprak ng tie following sone: matter with Nestos? chaos As the club s e matter with Nestos? all right; just returned from his eastern wp; He y gave those New er’s a tip. Wha:'s the matter He's all. right. Service Rende In presenting Gov. Nestos, Fred Conklin, who presided ut the mect- ing told of the valuable services ren- dered the state in tie recent eastern conferences? Go' tos, H 7 York- with Nestos? press reports endorsing Gov, Nestos’ | dat the 155th banquet of the New York Chamber of Commerce. Many papers of the natioy printed | the speech in full and editori; all the great centers commended . Nestos for his"message of optimism indicating that he nas set a task before every citizen to uphold the reputation of this state and to op- pose false propaganda that tends to injure the credit of North Dakota. A prominent New York pub a Rotarian, wrote the Bismare! commending the short Gov. Nestos before tne Ni Rotary stating that he made a pro- found impresstcir and in his short talk did much to place North Dakota in a most favorable light, For some time,” said Gov. Nestos, “it has been my desire to appear be- fore a ¢epresentative audience in New York and combat some of the (Continued on Page 4) FARMERS TOLD OF BARBERRY Warning Given All Over Northwest, Is Assertion St. Paul, Nov. 21—Delegates from -13 north central states at- tending the third annual confer- |* ence for the prevent’on of grain rust today were told by Harrison Fuller, director of the organiza- tion, that every farmer in the mid- dle west who can read has been informed of the connection be- tween the common barberry bush and black stem rust. With losses from black stem rust estimated to amount to 50,- 000,000 annually the conference was organized to convince the grain growers that common bar- berry bushes are mainly respon- sible for the wheat disease. The unan‘mous opinion of agri- cultural scientists that stem rust losses may be reduced to negligible proportions by barberry eradica- tion has been widely disseminated, Mr. Fuller said. The story has been carried by some 6,000 news- papers in the North Central re- gion and the conference has dis- tributed nearly 2,000,000 pieces of literature on the subject. STOCKWELL TO . VISIT MASONS Grand High Priest of Chapter Here Friday Night | W.,L. Stockwell of Fargo, Grand High Priest of the Royal Arch Mas- ons of North Dakota, will be the guest of honor of the Bismarck chap- ter at a dinner to be given at. the Masonic Temple at 6:15 o'clock Fri- day night. John A. Grahdm of Bis- marck, grand high scribe, second in rank in the chapter in the state, will be present. © + Following the dinner, which is ex- pected to be, attended by all of the chapter Masdns of Bismarck, there The number. of turkeys imp- the {will be work in the mark master de- county is said’ to have increased gree, .Mr. Stockwell comes on an of- many fold during the past few years. fieia}, visit to the local chapter. DICKINSON > The city commission of Dickinson is planning upon the improvement of its main street, on the Red Trail, xt y@ar. Part of the improvement probably will be a gravel roadway and part hard-surface, Request ha been made for federal aid on the pro- | ject. WADOO WINS VICTORY FOR 'Two to ‘One Victory Over Henry Ford in Proposal Con- ventions Is Claimed |G. 0. P. LINES UNCERTAIN i Fight for Preference at State) concern will fight the attempt of the lidge and Johnson | i i | Convention Between Coo- | | Sioux Falls, S$. D., Nov, 21,— By che A. P.) -Claiming better than a two to one victory on the county proposal conventions over sponsoi of a state-wide presidential cam- paign in behalf of Henry Ford sup- porters of William G. McAdoo to- {day began work an a state p.atform which they hope may be carried inte the national arena by their candi- {date Return today from counties repre- senting approx.mately three-fourths lof the state's voting power gave the McAdoos fo 30,000 vows in tha ‘state convention against less thay 10,000 for Ford men, according to Headers in the two campaigns. | Republican and Farmer-Labor: sen- i time s less clearly indicated by she county proposal nominations to ite conventions at Pierre De er 4 but in both groups the attle lines are drawn in the Re | publican campaign between President Coolidge and Senator Hiram John- son of California and in the third party between Henry Ford and Sen- Follette of Wisconsin, jority of the proposal menjin lail three parties were sent uninstriat- {ed but in several important counties presidential preferences were indi- cated, There were 200 conventions in South Dakota, They met to select delegatese to the state proposal conventions to be: held at Pierre, December 4. There were Re- publican, Democratic and Farmer- Labor conventions in each of the 69 counties in the state. Three dele- gates from each county were selected under the system. Instructions giv- en the delegates were to reflect the attitude of the various county con- : ns on presidential aspirants. Provision is made in the South Dakota law for the possible nomina: tion of a minority candidate by any five delegates to a state proposal convention, and under this stipula- tion it possible that Henry Ford’s name would get second place on all three primary ballots. The law also provides that any candidate may be named on™ an independent ticket on petition of one per cent of (any party's vote. Ford backers plan- ned to put his name in the race for presidential delegates by one of the various methods prov.ded, FORD ENDORSED. Omaha, Nov. 21.—Henry Ford-for- president of the United States, was the endorsement rendered here lasi night by the progressives, Farmer- Labérites and others of progressive tendency who had gathered here dur- ing the day at the call of Roy 0. Harrop, national temporary chair- man of the progressive party for, the purpose of placing a new party in the field in 1924, according to the announcement made last night by Mr. Harrop, MORTON DIES Olaf Killand Was Well Known in Slope Territory Olaf H. Killand, aged 59, county treasurer of Morton county from 1909 to 1918, for many years jus- tice of the peace, and a resident of Morton county for more than 42 years, died at 7:30 o’clock in Mandan last night of acute con- gestion of the lungs induced by a weakened heart condition. He had been in failing health for a year but was on duty as a bailiff ‘n the district court Monday. Mr. Killand was widely known in the Slope district. He was at various times employed by the WILL PAVE county proposal | Re RIGHT AUDIT OF BUSINESS Object to Secretary Wallace’s Proposal That Auditors go Into Their Plants MEANS November 23 to Comply | With His Demand { Chicago, Nov, 21.—A court fight to j test the authority of government au- jditors to have full access to books [Of packing companies wa3 indicated | today wher L, P, Swift, president of Swift and Company, said that his secretary of agriculture to make an investigation of company affa j “Such attempted regulation of the entiré business can but result in conflict of regulation and the con- fusion of the industry,” said. “It will probably be ni to let the courts decide this issue.” Washington, Nov, 21.—Swift and ithe Cudahy Packing Company will be given until November 23 by Secre- tary Wallace to open the.r, books and records to auditors of the De- partment of Agriculture before ac- jtion is taken to invoke penalties pre- is cribed by the packefS atid stock- rds act. egotiations for examination of the packers’ records have been con- | ducted for a year, the secretary said, {but company officials have insisted that such a study was not author- ized by the law and would be a lation of their rights. The informa- jtion is ‘sought to determine the COURT FIGHT Company, Wilson and Company and? Raising, Startihg With All ral farmers recently have told of how they have prospered in North Dakota last yeors through rising corn, hogs and by da vying. Tod sy of a Burleigh county pio pered, chiefly sto in the few s told w story aurmer who his through grain Paul Schonert, living about 12 finiles northeast of Bismarek, started ifarming in the spring of 19 pought 800 acres of land and a lot of stock and farm machinery, all on credit, at the time, he umount to- talled $19,000, His father was hi creditor but it was a plain business proposition, When he began farming he had 90 head of cattle and 10 head of h In six years he has done this: He has paid off $10,000 of his indebted- TEN MILLION BUDGET ASKED shington, Nov. 21.—An appro- priation of more than $10,000,000 for the work of the prohibition bur- s to have n included in treasury estimates get. SAYS COOLIDGE IS INTERESTED “IN FARM PLAN i scope and methods of the business jengaged in by the companies. RED GROSS IN. STATE: GAINS MEMBERSHIP Per Cent Advance in Red Cross Memberships Over Last Year Stirs Workers The accomplishment of North Dakota, which shows a 45 per cent advance in Red Cross memberships over last year, has bestirred the | workers in the other states of the middle west which compose the Centra! D'vision of the -organiza- tion. According to Walter David- son, manager of the Division fore- casts of exceeding the present membership are being borne out by early returns from state Roll Call_ headquarters. “The better organization.of Roll Call and the reviving influences of the recent Japanese relief coup- led with the active cooperation of state and city officials, the Amer- ican Legion and civic clubs have instilled an enthusiasm which can- not be denied” said Mr. Davidson at his Chicago office today. He anticipates no difficulty in reach- ing the quota of 1,000,000 mem- bers in the Division. Word comes from South Dakota that even the most remote places in the state are organized to carry on active campaigns and that a 200 per cent increase over last year’s membership expected, Equally encouraging reports are being received daily from Nebras- ka, where cn» county enrolled 15,- 000 members in one day; from Wyoming where every coynty in the state is responding; from Mon- tana. where memberships started to come in before the campaign actually began. Towa is confident of securing 100,000 members and Illino’s fol- lowing the lead of Chicago is piling up memberships towards its quota of 300,000. Michigan citizens fol- lowing the appeal of their gover- nor are responding to the call of the chapters in the most generous manner while reports from Minne- sota and Wisconsin show that membership commensurate with the population of those states will be maintained. Mr. Davidson says the peak of the campaign has not yet been reached and that this wéek- will| see a decided increase in returns from all states. VILLAGE NEARLY DESTROYED. Selz, Nov, 21.—The village of Selz Dr. Coulter of Agricultural College Tells of Reception Given Him Fargo, N. D., Nov. 21,—Proposals for aid to North Dakota agriculture as laid before President Coolidge last Saturday in Washington by Dr. John Lee Coulter, president of the North Dakota Agricultural college, were discussed in conference yesterday afternoon by staff. members of the Agricultural college following the return of Dr, Coulter from the East yesterday morning. ports, discussed the proposals of the North Dakota Agricultural college during the entire luncheon hour. The president seemed deeply interested in the plan and extended the time of the interview so that Dr. Coulter could explain the proposals in detail. A written transcript of the plans and a full explanation of how they would benefit the agriculture of tie state of North Dakota were left with Pres- ident Cuotidge. * “The chief executive seemed deep- ly interested in the plans for relief of the North Dakota farmers and, I am sure, will give these plans con- sideration,” said Dr. Coulter. “i al- so explained the plans to Secretary of Agriculture Wallace and the secre- tary took notes on the proposals and will doubtless give them some con- sideration at the proper time. The proposed plan as submitted by Dr. Coulter and as carefully prepared by the staff af the North Dakota Agricultural college, station and ex- tension staffs, intends to accelerate the diversified program of the state by providing a loan fund for farm- ers., This livestock purchasing fund will be operated similarly to the fed- eral seed loans of other years. RADIO PROGRAM TO BE GIVEN Grand Forks, N. D., Nov. 21— The University of North Dakota radio broadcasting station, KFJM, will give the following program to- night: 7:08 to 7:30 P. M. Story Tell- ing Hour, Indian Stories—Dr. O. G. Libby. 7:30 to 7:45 P. M. Weekly News Review—Mrs. Jane Gaverre. 9:00 to 9:45 P. M. General Pro- ram, Three Soprano Solos—Mrs. Paul B. Griffith. Two Piano Solos—Mrs. L. C. Harrington. Three Violin Solos—Mrs. Fred A. Beidelman. came very near being destroyed last Tallahassee, .Fla. Nov. 21,—-The He | during the next fiscal year was} submitted to the director of the bud- | President Coolidge, Dr. Coulter re-| ‘PACKERS WILL 'BURLEIGH COUNTY FARMER PAYS OFF $10,000 DEBT IN FEW YEARS Paul Schonert Makes Success of Grain Farming and Cattlc Debts and More Than Cut- ting His Debt in Half in Six Years—His‘Secret * Isto “Make a Little Money on Everything.” ness in addition to his Ng €X- penses. He has 74 head of cattle, has increased the number of, horses hos his farm machinery, four cows ond four hogs. access, he » has been in a Little money on every- + was protected against a by his diverse method of Last) r he sold 1,400 of corn cents per bus- corn from a 65-acre has fed much corn, and figures he makes about $1.00 a bus- hel on his corn when he feeds it to cattle and hog: He has not done this work alone—each year he has paid out about $1,000 for help. Mr. Schonert uses all hi land cither for pasture or farming. Gen- erally, he has farmed 300 acres, us- ing the rest for pusturage, my O’RYAN SAYS VETS SCANDAL BARELY SHOWN ‘ounsel for Investigatinz Committee Says More Evi- dence Is at Hand TO BE_ CONSIDERED Washington, Nov, 21.-(By the A. P.)—-With the public hearings | virtually ended counsel for the {ate Veterans committee began today the task of shaping up for the con- jsideration of the committeemen the | vast wolume of information gathered ‘in the investigatton of the activities of the Veterans Bureau, put under | way last March. The inquiry was | conductéd simultaneously in practi- cally every state in the union jand culminated in charges of cor- | ruption, waste, debauchery ‘and in- | trigue. | With the closing of the public ses- |sions, John F. O’Ryan of New York City, general counsel, told the com- | mittee last night that what had been I presented publicly “constitutes but |# fragment of what has been devel- oped both in relation to-the neglect of the disabled and to corruption and waste in the Bureau.” |. The information collected both in ithe central’ office and in the -field would be considered by the commit- |tee at business sessions during the next three weeks, | In its investigation the |tee has been assisted by volunteer field orgunization of more than 1,000 persons, including doctors, lawyers, business men and former service , Which was built up by General Commenting upon the work | of this organization General O'Ryan j in his closing statements to the com- mittee declared that the reports of these men can be relied upon “both us to accuracy and disinterestedness.” commit- ‘NEW EFFORTS FOR U.S, LOAN _ ARE RUMORED Germans Said to be Negotiat- ing with Syndicate for Further Financing Berlin, Nov. 21.—(By the Associat- ed Press)—With regard to the re- ports of the impending conclusion of the Anglo-American loan to Germany the Courier says that negotiations are in progress between a_ well known German bank and a group of American-British- and Dutch finan- ciers for a credit to Germany of one billion, four hundred million gold marks. The granting of this credit, says the newspaper, is dependent upon the condition that there be no change in the internal political sit- uation in Germany and that the of- fer be made only to the Stresemann | government. HIGGINBOTHAM’S APPEAL PLACED BEFORE FLORIDA SUPREME COURT was charged that Tabert’s death was Northern Pacific, engaged in farm-| Monday evening ‘when fire of un- transcript of the record 'and judg-|due to whippings at the hands of ing and on two occasions conduct- known origin broke out in a small, Ment and proceedings in the trial of Higginbotham who was “whipping ed confectionery ‘stores in Mandan, | building situated on the south side’ Thomas Waiter Higginbotham in| boss” of the camp. Funeral services will be held at} of the Selz Mercantile Co.’s big store, Columbia County Circuit Court last 10 o’clock Friday morning from | Four buildings were reduced to ashes July reached the supreme court yes-|since his trial on $10,000 bond. ‘ Elks hall, of which lodge he was| before the citizens had the fire un- terday along with the statement of a charter momber,, with the Ma-|der control. Only a small portion of errors charged by counsel for Hig-|tdining 1,286 pages. sonic lodge in charge. Me was un-|the stock from the Selz Mercantile ginbotham is asking for a new trial. married. He is survived by a siss|Co.’s store was saved. The postof- | ter, and two nephews. Sound in water travels 4,708 feet a second; in’ wood 10,000 feet a second. ‘ fice building was destroyed, but the mail and all ofthe fixtures were re- moved. The loss will exceed $36,- 000, only partially covered by insur- an Higginbotham was sentenced to 20 years imprisonment following his conviction of second degree murder in .connection with the death of Higginbotham has been at liberty The record -is a bulky one, con- |, In his statement accompanying the {transcript L. E. Wade, attorney for Higginbotham, assigns 38 errors which he alleges the state made in [trying the case. They are about’ ENT SREMS READY TO SUBMIT TO ARREST TODAY Suddenly Makes Appearance at Courthouse, Announc- ing Expectation LOSES COURT FIGHT U. S. District Court Refuses to Take a Hand in the Proceedings LOSES IN COURT | Oklahoma City, Nov. 21.—(By the Associated Press-—Applica- tion of J. C. Walton, deposed Governor, for a restraining order to set avide the verdict of a sen- ate impeachment court by which | he, was removed from office was dismissed today by Judge John H. Cotteral in United States Dis- trict Court here. Walton an- nounced an appeal to the United States Supreme Court. Oklahoma City, Nov, 21.—(By the . P.)-—J. C. Walton, deposed gov- ernor, appeared at the Oklahoma. county court house at noon today and announced that he expected to be indicted by the county grand jury and intended to be ready to submit to immediate arrest. He said he did not know what the expected indict- megt would charge. County officials advised the former executive to return at 2 o'clock when the grand jury is scheduled to re- port. All information: obtained by the, legislative committee which forms the busis of his impeachment and removal from e@ce. Monday” was turned over to the grand jury recent- ly. Oklahoma City, Nov. 21.—(By the Associated Press)—Opening his fight to regain the Governor's office, Gov- ernor J. C. Walton went into federal court today to renew his plea for government intervention in the pro- ceedings of the senate court by which he was ousted from office. The deposed executive seeks a re- tr@active injunction to set aside the action of the senate court and re- store him to office on grounds that he was denied the right of a fair trial. He charges that a majority of members of the court were Ku Klux Klansmen, who acted in furtherance of a conspiracy between the Klan and the state legislature to remove jhim from office, The action today is a rehearing of the former Gov- ernor’s upplication which was de- nied by United States District Judge |John H. Cotteral the day before the impeachment trial started three weeks ago. At that time Judge Cot- teral ruled that the court had no jurisdiction in the case. Walton, it is understood, will file a supplementary petition to the ori- ginal application, citing events in the closing days of the trial in an efort to show that the trial was un- fair. Should the court again rule against him he has announced he will appeal to the United States Supreme Court. Attorney-General Short will ap- peur as counsel for the legislature and state officials, including Gover- nor E. M. Trapp, who are named de- fendants in Walton's suit. The At- torney-General declared early today he would file motion to dismiss the deposed Governor's action as soon as the hearing began. Meanwhile the state legislature prepared to go ahead today with plans for a general ‘clean up” of the administration and to consider at an early date anti-Ku Klux Klan legis- lation for which purpose the special session was called by Walton. The board of managers of the low- er house which prosecuted Walton at. his trial expected to file in the house® today a bill of impeachment against Charles H. Ruth, supreme court commissioner, and an intimate friend jof the deposed Governor. He will be charged, according to the boar announcement, with trafficking in acts of executive clemency. 2 THE WEATHER j For twenty-four hours ending at noon teday, ’ Temperature at 7 ‘a, m. 15, Temperature at noon 25. Highest yesterday 48. Lowest yesterday 32, Lowest last night 15. Precipitation 0. Highest wind velocity 26. Weather Forecast For Bismacrk and vicinity: Gener- ‘lly fair tonight and Thursday. Slowly rising temperature. For North Dakota: Generally fair tonight and Thursday. Slowly rising temperature, Weather Conditions The high pressure area moved ra- pidly eastward and is centered over the northern Plains States this morn- | ing. Temperatures dropped from ten to thirty degrees in Minnesota, the Dakotas and over the northern Rocky Mountain region. Minimum readings | re near zero in the Red River Val- ley. Light scattered precipitation occurred over the Northwest, hut jsewhere generally fair weather Martin Tabert of North Dakota in a equally divided between questions of} prevails. lumber camp of Dixie ‘county. It ( ‘jurisdiction and evidence. Orris W. Rgberts, Meteorologist,