The Bismarck Tribune Newspaper, January 12, 1924, Page 1

Lo — ~—— ay 1 |. we WEATHER FORECAST Generally fair tonight and Sat- urday « ESTABLISHED 1873 =|THE BISMARCK TRIBUNE [maa BISMARCK, NORTH DAKOTA, SATURDAY, JANUARY 12, 1924 INSURGENTS REOPEN HOUSE ee EM (STARK COUNTY STATE MAKES NEW HIGHWAYS RECORD IN 23 More Miles of Work Complet- ed in That Year Than in Six Preceding Years BIG PROGRAM AHEAD Requests For Federal Aid in 1924 Shows Expanded Program of Building “More miles of federal aid highways | were completed and accepted by the Federal Bureau of Public Roads dur- ing the year 1923 than during the FIVE PAIRS OF TWINS—COUNT Five pairs of twins live on adjoining farms in Caldwell county, Mo., BANKS AIDING TN CORN SHOW First National of Dickinson and First National of Tay- lor Give Prizes MELLON’S PLAN IN TAX BILLS Michigan Senator Questions Attitude on Tax-Exempt Securities \COUZENS HITS | ADDITIONAL PRIZES!|ALSO ON SURTAXES | Biggest Ear and Most Un- | Public Hearings on Tax Bill usual Ear to Get Prizes— | Will be Opéned in Wash- Contributors Given i ington Monday Cooperation of the First National | Bank of Dickinson in boosting the} North Dakota State Corn Shor, to, be held here January 22, 23 and 24,| Washington, Jan. 12.—By A. Pd Secretary Mellon challenged oday by Senator Couzens, Republi- ‘BANDITSRUSH six year period from 1917 to 1923, according to figures compiled inthe office of W. G. Black, chief engineer of the Highway Com- Seventy-four federal aid projects were completed between Mareh, 1917, when the highway de- partment organized, and January 1, 1923, while during the period from Janu 1 to December 31, 1924, there were 96 federal aid highway projects completed and accepted by the federal department. The extensive work done during the year 1923 brought the total miles of federal highway projects to 1,626 miles of earth graded, 379 miles of gravel surfaced and 3.7 miles of con- crete surfaced federal aid highways. The 74 projects completed from 1917 to 1923 included 810 miles of earth grades, 94 miles of gravel surfaced and 1.9 miles of conerete surfaced high The amount of gravel surfaced highways increased greatly during the year 1923. In that year 825 miles were earth graded, 285 miles gravel surfaced and 1.8 miles of concrete surface highway . were completed. and secreta mission. Expect Cheaper Work Changes in the conduct of the work will make for cheaper and het- ter building of roads, it is believed by Chief Engineer Black, and State Highway Commission officials<in the past the department has been criti- cized for the delay experiencep by contractors in receiving. payment on monthly imates covering work completed, it is stated, the contractors complaining they were forced to pay) interest on borrowed money and add the item to their bid. To remedy the situation the present commissi created out of the State Aid volving fund” from which payments were made this year on estimates covering the Federal Government's share of all construction work. "As soon as vouchers were received from the federal government this mcney was replaced. The highway commission believes that when all contragors are guar anteed prompt payment for their work and will” not experience delays fn having their work accepted by the federal roads bureau,,the cost of building state-federal aid highways will be lessened. The highway department faces a busy year. On December 31, accord- ing to the compilation, there was under contract 217 miles of carth graded and 74 miles of gravel sur- faced highways. A-total of 598 miles of new highway cohstruction and 244 miles of gravel surfacing has been requested by the various counties for’ the year 1924, Of this 513 miles have been surveyed, fifty percent of which is now designed, plans pre- pared and ready for early spring let- ing of contracts, Although this means 33 1-3 percent more mile’ to be prepared than in any one year in the past, it is being . accomplished with a 40 percent reduction in the force employed in the drafting r\om, according to A. D, McKinnon, pro- ject engineer. The 1924 contracts probably will be awarded earlier than usual be- cause of concessions secured -from the Federal Bureau of Public Roads and make up half of the enrollment of the one-room Prairie Town country scheol. Th is believed to right, the twins are: Back row-—W Vida &nd Liga McGuire, 11. Front r¢ Pan! an¢ P OBREGONISTS TAKE CITY IN Recapture Pachuca From) Rebels After Fighting for Few Days, Report Be 12. (By radio via | Mexico City, Jan. | By} the Ft. Worth Star-Telegram the A. P.)—Pachuca is again in, the! eat ny hands of the Obregon troops. M ger reports telling of the fighting there of the last few days and of the capture of the city by the rebels were followed today by a war department telegram telling of the recapture of the city by the fedeyals, { The fighting -starfed Wednesday | when the rebel§ gttacked. They oc- | cupied the city after they had d lodged .70-barricaded federal ‘troops wine DeHaven, 6, and Roger and Roland Nelson (FAIR WEATHER HARD BATTLE: normal middle of the we | {from 30 cent by dynamiting the building. Yester- | day federalists reinforcements ar- | rived. and’ a ked the rebels, re. taking the city according to the wa department bullgtin. The bulletin said that the battle lasted all day and the reb@ls lost 116 killed and! wounded. - The federal general, V tor Monter, was killad in the battle, the bulletin said. A.C. TO HONOR NLD, PIONEER John Donnelly’s Portrait to be Hung in Hall of Fame Fargo, Jan. 12.—John Donnelly, pioneer North Dakota breeder of purebred Shorthorn cattle, on farm to which ‘he took squatter’s rights nine miles northwest of Grafton in 1879, will be honored by having his portrait placed in the hall of fame at | the North Dakota Agricultural col- lege next week. The occasion for the ceremony of placing -the portrait in North Da- kota’s hall of fame, will: be'the an- nual meeting of the Saddle and Sir- loin club of the college, which will be held the evening of Jan. 16 in the agricultural building at. the college. Mr./ Donnelly’s portrait will be placed alongside of the portraits ‘of the six other North Dakpta farmers, which were placed in the/hall of fame at the college at the last annual meeting of the club. These are: Frank Sanford, Rogers; John Chris- tianson, ‘New Salem; Sam Fletcher, Valley. City; all of whom are living; and the fotiowing deceased farmers: ‘ Oscar Will, Bismarck; J. H. Bosard, Grand Forks; J. B. Power, Leonard. by Chief Engineer Black, it is stated. Many contracts, it. is expected, will be lgt two months earlier in the year /than has been 4istomary, per- mitting actual construction work to begin as soon as the ground is fit. By providing a longer construction ‘season it is expected that there will be a tendency to lower contract prices, it % stated. Oue of the important works under- taken by the commission, in the be- lief pf engineers, is the system of marking all state “highways in the state. Each highway has been num- bered and this number with the off- cial markeriis being placed on metal signs along the highways together with warning and information signs wherever necessary. This work, it is added, is being done without spec- ial appropriation of additional cost to the individual gounties. SEND‘GUNBOAT. _ TO PROVINCE Manila, P. 1, Jan, 12.—(By the A. P.) —The gunboat Sacremento has been ordered to the province of Surigiao where,a number of members of the eanstabulary have been killed re- cently by religious fanatics. The Sacremeto will leave here tomorrow. / “ Mr. Donnelly took his home farm before the country was surveyed, get- ting “squatter’s saghts’” on his first quarter section. He began breeding purebred Shorthorn beef cattle 10 years later in 1890 and has been breeding them continuously sinte. Th¢ farm is now being run by Mr. Donnelly’s two sans, under the firm namg of Donnelly and Sons. During is long period as a breed- er Mr. Donnelly brought to North Dakota some of the most famous Shorthorn’ Blood of the world, im- porting sirgs from Scotland on two different occasions, once from Car: penter and Ross and again from Frank Hary, two world famous Short- horn breeders. BEACH TAKES 16 TO 14 WIN FROM BISMARCK (Special to the Tribune.) Beach),N. D,, Jan. 12.—Bismarck high lost a> hard-fought basketball game to Beach, 16, to 14, last night. Bismarck ed up with Olson and Robidou at forwards; Livdahl center, | and Scott’and Shepard guards. The game was marked by close guarding by Beach players. The Beach team lines tip as follows: Forwards, West- by, Hoverson;: guards, Smith, Rice; center, Slocum. Westby starred for ! governmental be some sort of a record. Left to James Sloan, 12 years: DW SAID AHEAD Washington, Jan. 12.— Weather outlook for the week beginning Mon- Region of the Great Lakes—Gen- erally fair first half and unsettled with snows over north agd rain or snows over south portion latter half; cold at the beginning and again the latter part and temperature above ‘URGE HIGHER . WHEAT TARIFF North Dakota Bankers Asso- ciation Takes Action Fargo, Jan. 12 embers of the present session of ‘congress are urg- ed to increase the duty on wheat to 60 cents a bushel: to repeal the*draw-back’ provision and the, milling-in-bond “privilege of the Fordney-McCumber ‘Act of 1922, and to pass legislation establishing a export agency for wheat, along the lines advocated by Secretary of Agriculture Henry C. na joint petition sent out ned by the North association, Retail Merchant's ass ition of North D: kota, North Bakota Wheat Growers’ association, and the commercial club secretaries of the state. The circulation of these petitions among the congressmen said to represent the first concerted action on the part of these organizations to secure more favorable marketing conditions for the northwest wheat grower. is TURTLE LAKE SHIPS CREAM More Than $350,000 Worth Handled on.N. P. Branch ‘ in Year Turtle Lake, N.,D., Jan. 12.—A total of $353,952 of cream was ship- ped in the year 1928 on the N. P. Turtle Lake- Carrington branch, fig- uring the value o? 10-gallon cans of cream at an average of $9. A total of 39,328 cans of cteam was shippe:l on the branch as follows: Turtle Lake) 6,098 cans; Mercer, 5,093 cans; Pickardville, 1,011 cans; McClusky, 4,053 cans; Denhoff, 2,318 cans; Goodrich, 5,431 cans;’ Hurds- field, 3,258 cans; Chasely, 2,118 cans; Bowden, 3,284 cans; Heaton, 2,392 cans; Sykeston, 4,232 cans; Dover, 80 cans. Considering that dairying has béen a recent progress in this section the showing is considered remarkable by local people. SHOW VOTED TOBISMARCK The next North Dakota State Poul- try show will be held in’ Bismarck sotietime in Jar., 1925, actording to W. A. Falconer, attending the show. Mr. Falconer and Harry Clough at- tended the annual meeting of officials of the association in Fargo and re- quested the show for Bismarck, Mr. Faleoner reporting that the senti- ment was unanimous for Bismarck. EXAMS FOR CADETS. Competitive examination for ap- peintment of cadets anu cadet engi- neers (who are trained in the Coast Guard Academy and if successful, commissioned ‘officers in the United States Coast Guard, will be held commencing April 7,:1924, Governor Nestos has been informed. limitsfor app¥cants are between 18 and 23 and-24 years. Fugther in- formation may be obtained from the Commandant, U. S. Coast Guard, Washington, wus announced today by- the corn) <0, Michigan, to a joint debate on} show committee. The bank will| ‘he question of the necessety of give a $10 prize for the best 10 cars| "ducing income surtaxes from 50 of corn raised in Stark county by a Stark county farmer and exhibited at the state corn show. The award will be made by judges of the show. The First National Bank of Taylor, Stark county, had previowsly an- nounced prizes totaling $12 for the best displays of any dent and best display of any flint corn, giving first, second and third prizes. Un- der the plan announced by G. D. Lindgren, cashier of the bank, the corn must be in the Taylor bank by January 19 and worthy exhibits will be sent on to, Bismarck, This con- test is for eastern Stark county farmers. 2 The corn show committee today an- nounced two additional prizes, one of $5 for the biggest ear of corn dis- played and one, of $5 for the most ungsual shaped ear of corn. Contributions to the corn shdw fund, which can only be used for the first state-wide corn show or future corn shows, now total $1,360.50, it was announced today by the secr tary of contributors as follows. Anderson Lumber Conipany Annex Hotel Berge Elevator Company Bergeson & Son Bismarck Bank Service Co. Bismarck. Bottling ‘Works Bismarck Dairy Co. (Continued on Page 6) WORST STORM 36 YRS. AGO Was 28 Below with 5. Wind 36 Years Ago Toda: Times are not what they used to be—today at least. : Th years ago today Bis- marek was enveloped in the worst storm in the history of North Da- kota, according to the weather b: reau records and the positive re tion of John E. Dawson, who was on a homestead east of the city at the time., i The weather bureau records show it was 28 degrees below zero on Jan 12, 1888, a wind was blowing which averaged about 40 miles an hour and reached a maximum velocity of 54 miles an hour at 3:55 p. m., and 1.4 inches of snow fell during the day. “I remémber the day very dis- tinctly,” said Mr. Dawson. “It was the worst storm in my 43 years in North Dakota, even worse than tue famous blizard of Thanksgiving Day, 1896, because it was so much colder. “There was considerable snow on Age |- the ground and a light snow fell. With the terrific wind all the snow was in motion. eat “The storm began early in the morning and people did not venture out. I do not know of any who lost their lives. Some cattle perished. I remember my brother and I made our wal to our barn but could not enter it.” 80 MASSACRED BY FANATICS Several Constabulary Officers Also Are Victims Manila, P. I., Jan. 12.—(By the A. P.)—Eighty members of the Colorum, @ rengious society, were killed at Buas Island last week in a clash in which a number of constabu- lary officers were slain, official ad- vices from Surigao disclose aay: WATER POURED ON‘NEW RINK « First water was poured on the site of the new municipal skating rink at the .ball perk today. It will take several floodings before the rink is ready for use, since the rink is one of considerable size, but it is ex- pected by the committee that it will be opened sometime next week, - BANK CLOSED. The Farmers State bank of Stras- burg, capifhl $10,000, surplus $3,000 and deposits $80,000, has been closed, the state bankirig department an- nounced, my ' who also made public the iist| jpercent to 25 percent and stopping |the issuance of tax-exempt securi ‘ties as a means of diverting capital {to productive enterprise. H ; Meanwhile the house ways and jmeans committee crept forward 10 complete consideration of the administrative features of the Me!- lon tax bil so ag to open public hearings on tax reduction provi- sions next Monday. Republican leaders of the house jin dealing with the tax subject gave further thought today to the extent to which the Mellon (bill must be modified in order to in ‘command a majority vote the j house. A conference on t sub- | ject was held yesterday but appar- ently the leaders got nowhere. | In his letter to secretary Mellon |—the third in a series of exchanges between the Senator and the Sec- retary on the tax question -— Mr. {Cougens declared that the percent- jage of tax-exempts on the market, | $11,000,000,000, was small com- {pared with the $120,009,000,000 to 000,000,000 of other securities is to give an appearance of the whole discussion as a tempest “in la teapot.” Senator Couzens cited " from treasury reports to support his contention that the receiver of Jarge incomes. are not escaping _{any such large amounts of surtaxes (through the owne ip of tax exempt securities as “would make it desirable for the government to wer surtaxes in order to secure more revenue for itself or to re- lease capital for business invest- ment.” The Michigan Senator declared that states and municipalities must ‘have funds from some source for improvement and asked the secr tary if he contended that it jless productive to invest money in school ‘houses, water works, light- ing plants, railway plants, colleges, and health serving institutions than it was in theaters, office building motion picture houses, distiller chewing gum and cosmetic factories and the like. Senator Couzens argued that to reduce the sur would result in a deluge of dividends out of in- dustry to private individ and added that the mere transfer of ownership from one person to the other through the sale of stocks and other investments would “have no constructive force in the coun- try’s business.” “On the other hand,” he said, the distribution of tax dividends would result in taking out of ma industries large amounts of capital which they now hold in their treas- ury.”” BAD LIQUOR KILLS FOUR Action May be Taken by Chi- cago Police Against \ Druggist Chicago, Jan. 12.-Four men were found dead in cheap lodging house rooms yesterday as a result of drink- ing poisonous liquor and a fifth man and his wife were nearly asphyxisted when the mash in a still boiled over and extinguished the gus flame be- neath it. ‘Action may be taken by the police against a druggist whose label was on the bottle found beside three of the bodies. . WEATHER REPORT. For twenty-four hours ending at noon today.’ Temperature at 7 a. m. eas Highest yesterday . . 12 Lowest yesterday . -—l Lowest last night 6 Precipitation T Highest wind: velocity. 18 Weather Forecast. For Bismarck and vicinity: Gener- ally fair tonight and Saturday. For North Dakota: Generally fair tonight. and Saturday. Not so cold east portion. . Weather Conditions. No well defined storm area ap- pears on the weathe r map this morning, but light, scattered precipi- tation occurred in all sections. Tem- peratures are somewhat lower today over the upper Mississippi Valley, northern Plains States and northern Rocky Mountain region. ORRIS W. ROBERTS, © ; Meteorogolist. GENERAL BUTLER CLEANING UP PHILADELPHIA, TURNS TO BANDITRY 1,000 of 1,200 and G loons in the € Philadelphia, Pa., —With | nearly 1,000 of the city’s 1,200 | saloons closed, every known disor- derly house and gambling establish- ment out of business and the boot- leggers driven to cover as a result of the intomsive police campaign for the elimination of vice and crime, Brig- adier General F. D. Butler, director of public safety, today turned his attention to banditry and other forms of lawlessness. General Butler said he was satis- fied that at least 80 per cent of the places where vice flourished before BANK, SLAY ONE. GIVING ALARM Chicago, Jan. Five band ed_ into the ‘ Brighton Park State Bank today | discharging their revol- | i vers deliberately shot and probably fatally wounded: Albert Tanozar, « , the cashier, when he sounded a burglar alarm, | and then fled with about | $200 and in escaping shot | | two other persons near the bank. MILITIA WILL KEEP ON JOB IN TWO TOWNS: Marion, Illinois, For In- | definite Stay | Marion, ll., J P.)--State militiamen stationed at | Herrin and Marion following the | request of Sheriff Galligan to Adju- tant-General Black to send aid in maintaining “protection of life and property” in the recent trouble ing from liquor raids of the last few weeks have settled down for jan in- definite stay at Williamson county, according to officers last night Three peace conferences held with- in the last few days have apparently accomplished — little cording to statements by Sheriff Galligan and Sam Stearns, ted cyclops of the Klan whose organization is alleged to have played a considerable part in the raid Sheriff Galligan has promised to | ask for withdrawal of the troops, it is understood, if\citizen raiders will disarm. n members, it 1s said, refuse to disarm. ~(By the A AMERICAN IS. FIRED UPON Mission School Looted and Wrecked by Soldiers Pekin, Jan. 12—(By the A. P.)— Chinese soldiers of the first d sion fired upon Flavian Mullens, an American, and Arthur Benson at the Passionist Mission at Supu Honan and then looted and wrecked the mission selfool, according to a report fiom the American consul, Neither Mul- lens nor Benson was injurd although bullets passed through the former's clothing. FIVE LAWYERS CREATED HERE Five who took the state bar asso- ciation examinations this week pass- ed, it ig announced by the state bar board. They are: E, 0. Hanson, Minot; Henry A. Weaver, Fargo; Chas, J. Vogel, Minot; Grattan L. Rourke, Lisbon; Neil E. Reed, Bis- marck. NOTORIOUS BANDIT BELIEVED TO HAVE SLIPPED THROUGH POSSE’S NET West Palm Beach, Jan. 12.—John | Ashley, one of the two membets of | the notorious Ashley gang still at) large today apparently had made | good his escape as small ‘searching parties ne by one gave up the nell suit and returned to their homes. The. Everglades, virtually a track- less swamp where Ashley disappears ed, proved a haven of refuge for him. Thursday night posses were report- ed less thah 30 minutes’ behind him. Yet his knowledge of the wilderness enabled him to travel in darkness when pursuers were forced to stop and the trail lost when the search ‘ity Closed, Disorderly Houses ; mbling Establishments Are Driven Out by Him —to Station Guards at Roads Leading Into the City | , RROVIDED UNDER LAW | the drive started had been wiped out In outlining his .plan to curb b ditry Director Butler said that armed guards and observation booths would be plaeed at allthe 21 entrances and exists of Philadelphia to prevent the escape of highwhymen aild to c upon persons entering the city. Sta- tioned at each of these outposts will be an armored motor car, detectives with sawed-off guns, motor cycle po- licemen and a permanent sentry FIGHT PRICE FIVE CENTS DEMOCRATS T0 JOIN THEM IN RULES DEMAND Decision of Rules Committee Not to Make Changes Urged Leads to Fight LOAN BILL STILL UP itnesses Testify on Need whose duty will he to see thut no! suspicious looking car passed in or | out of the city without inspection RST LEVIES FOR PRINCIPAL. COME IN YEAR tate Board Will Levy Taxes to Retire Bonds Issued for Bank of N. D. If Profits Fail to Pay Them) Taxes, Must be Levied— | Others to Follow While tax levies have been made to provide funds for payment of inter- est on North Dakota industrial en- terprise bonds, the levying of taxes to provide a fund to retire the prin- cipal of the bonds will begin next year, and probably will eontinue for 20 years, since many issues of the | state industrial bonds mature’ be- tween 1925 and 1940. The first levy which will be neces- sary to provide 4 fund for retire- ment of the principal of bonds prob- ably will be° $200,000. One million dollars of the $2,000,000 capital stock | bonds for the Bank of North: a} will mature in 1929, and under the law one-fifth of the principal mus‘ be levied by the state board of equaliza- tion each of the five years preceding the maturity of the bonds, unless sufficient profits are realized from the industry to provide the fund! without tax levy. The $1,000,000 Bank of North Da- kota capital stock bonds was for 10! nd are due July 1, 1929. Any ditional $1,000,000 will be due in 1934. The first of the real estate s bonds issued is due in 19$1, 210,000 of bonds must be retired. e tax levy to retire these will be- ; | \ i gm in 1926, unless there is sufficient money realized from the loans meet the amount necessary. In 1932 there will be $300,000 bonds mature. The fir of the mill and elevator bonds are due in 1937. i ection 7, chapter 148 of the laws | of 1919 provide for the levy of taxes | tot meet the principal on state in-j| dustrial bonds should there not be profits from the industries for this purpose. The section says, in part: “Whenever it shall appear to the Board of Equalization from the in- formation contained in any statement delivered to it by: the Industrial Com- mission at any annual meeting of said Board, as provided in Section 6 above, that there will within a per- iod of five years from such annual meeting, any of the Board provided for in this act, the Board of Equal- ization shall thereupon at such an- nual meeting levy a tax Man amount equal to one-fifth of the amount of the principal of such bonds; provid- ed, however, that in determining the amount of such tax, the Board of Equalization shall take into acccunt whatever moneys, if any shall have been paid to the State Treasurer by the Industrial Commission for the specific purpose of paying the princi- pal of said bonds when due, as pro- vided in Section 5 of this Act.* * * * It is the intention of this’ Sec- tion to provide that in each of the last five years, before the maturity of any of said bonds, a state tax shall be levied which, together with such moneys as shall during the next pre- ceding year have been paid to the State Treasurer, by the Industrial Commission for the purpose, shall be at least sufficient to pay one-fifth of the principal of said bonds.” real was resumed at dawn yesterday. Hanford Mobely, the other mem- For $50,000,000 North- west Loan Washington, Jan. 12.—(By the A. P.)—-The interior department ap- propriation bill remained before the house today but the interest of mem- bers céntered chiefly in committee activities and the prospective fight Monday over amendment of the rules, Decision of the rules committee yesterday not to recommend a num- ber of changes proposed by Repub- lican insurgents and Democrats brought announcement from Rep. Garrett, minority leader, that the Democratic members would take their fight to the Moor and leaders of the insurgent bloc immediately called a conference for today to determine their course of action. The senate and house agricultural committees today considered study of emergency legislation intended to benefit the producers, the former deal- ing chiefly with the Norris-Sinclair bill, the former providing for trea- tion of a $100,000,000 marketing cor- poration and the latter resuming its consideration of the Burtness meas- ure to establish a $50,000,000 fund to finance wheat farmers in acquiring ock and otherwise diversifying. products. The house ways and means com; mittee has progressed in its consid- eration of the Mellon tax bill to the stage, where it is ready to begin public hearings Monday and the ‘house immigration committee has de- cided to include admission of immi- grants to 2 per ent of the number of nationals of each country in the United States in 1890, but admitting wives, husbands and children under 18 years of age, certain other rela- tives of foreign-born citizens without restriction. / BILLINGTON SETTLES CASE Former Cashier of Driscoll State Bank Pays $1,200 The embezzlement charge against . R. Billington, formerly cashier of the Driscoll State Bank, was dis- missed in district court today by Judge James A. Coffey on motion of, State's Attorney E. S, Allen. A statement presented to the court by the state's attorney said that Bill- ington would make settlement in the sum of about $1,200. The state's at- torney said it appeared doubtful if a conviction could be secured, that he had communicated with the iarg- est stockholders of the bank, with the bankers’ association, the state examiner and with L. R. Baird, re- ceiver of the bank, “and have inferm- ed them: that certain claims of the bank against the defendant had been adjusted, and they have infoined me that they are of the opinion that I would be perfectly justified, under the circumstances, in asking for a dismissal of the said action against the defendant.” The state’s attor- ney also said the county wouli be saved heavy. expense involved in a trial. The original examiner’ report charged’ Billington, who now is in South Dakota, with embezzling sev- eral thousand dollars, the charge be- ing chiefly of the sale of property mortgaged fo the bank. A jury todey heard. the case of M. Baker against the Russell- Miller company, involving suit for possession of disputed grain. MANDAN LOSES TO JAMESTOWN Jamestown, N. D., Jan, 12.— Jamestown high school defeated Mandan, 11 to 10, here last night in a close game. Jamestown took an early lead of three points and held it until thé last minute of play. when a Mandan field goal made the score 11 to 10. CANCER FATAL TO MRS. LENHART Hazelton, N. D., Jan. 12.—Mrs | Katherine Haynes Lenhart, 37, wi: ber of the band now sought by offi-, cers, was said not to have returned from an alleged rum running trip to the Bahamas and officers express- ed the opinion that he had heard of the battle at the Ashley camp last Wednesday and fled. His return had been expected yesterday. Residents of this section in which thgAshley gang made its home, how- ever, expressed. the opinion that the breaking up of the outlaw crew had been accomplished and that crimes in this section would lessen. of George A. Lenhart of this city, and one of the-most prominent resi dents ‘here, died early today after long illness from cancer. Since last June she’ had taken treatment fron specialists but without avail. She i survived by hér husband, daughtey Rachel and son Alton, her father and mother who: reside at Leonard, and Mrs, August Plath, a sister, living) near Leonard. A. P. Lenhart Bismarck was a brother-in-law. Funeral services will be held Tu: day afternoon at Hazelton.