The Bismarck Tribune Newspaper, March 6, 1924, Page 1

\ \ WEATHER FORECAST Generally fair tonight and Frl- day. Colder tonight. ESTABLISHED 1873 NEW L NEW COMPANY — OFFICIALS TO- COME TOCITY Director of $10,000,000 Agri- cultural Aid Corporation Meets Others Here s GETTING DOWN TO WORK Immediate Carrying Out of Aid Policy Being Planned Paul J. Leeman, vice-president of | the First National Bank of Min:.ea- | polis and a director of the Agricul tural Credit Corporation, M. 0. gaard, vice-president for North Dako- ta, will be among those in attendapce at a conference here tomorrow! to consider practical methods of accom- | plishing the objects of the association in North Dakota. Others to partici- pate in the conference will be Gov- ernor Nestos, State Examiner Gilbert Semingson, members of the state banking bogtd and Guaranty Fund Commission\ and the North Dakota advisory committee of the credit cor- poration consisting of F., A. Irish, Fargo; T. A. Tollegson, Dickinson; P. ©, Remington, Bismarck; R. R. Wolf er, Jamestown; R, E. Barron, Minot, 0. 8. Hanson, Grand Forks; C. 0. Fol- lett, Fargo; Dr. J. L. Coulter, Fargo and William Watt, Leonard. “At present the corporation intends to confine its activities to three phases of relief,” said a statement by Mr: Grangaard sent here. They are: “1, Assist worthy closed banks in reopening, where upon investigation | it is found that the community inter- ests can best be served by such re- opening. “2, Assist extended banks who, through no application of wild ci banking practices, find themselves in strained circumstances at the present time, and whose collateral is of such A nésure that it is not available with rorrespondents and tho Federal Re- serve Bank but still has value and is classed as slow. “3. To make an exhaustive investi- ration to Rclermis what assistance van be rendered to farmers direct by the purchase of tax certificates, such ertificates being held at the present ime by the Yarious county treasurers and investors, such tax certificates 0 be carried at a low rate of interest selieving the farmers of the present xcess rate to whieh is also added the penalty. | What Is Intended “The attention of bankers is call- +d to the fact that this is intended as relief organization and it is not ontemplated that its operation hould be extended to take in all vanks. Banks whose condition uch that they can borrow from cor-, respondents, the Federal / Reserve Bank, the War Finance Corporotion cr other sources of eredit should not : vply to the Agricultural Credit Cor- ‘ oratiqn, but rather permit the Agri- iltural Credit Corporation to devote +s full time and energies to assist- tg those who cannyt obtain assist- nee elsewhere. It is not contemplat- d that any bank should borrow from he Agricultural Credit Corporation or the purpose of paying off any oth- © ereditor, as the purposes and in- “ont ‘of the Corporation’ would be de- ‘aated by such a procédure.” The North Dakota committee, Mr. Crangaard says, will “give freely of its time and effort in assisting . the ?Linneapolis office, in order that the ‘enefits derived from the, corpora- tion may be equitably distributed and : laced where its benefits will be im-| sediate and direct.” ALLEN QUITS COMMITTEE - S. Major-General With- draws From Olympic Body Paris, Mar, _ 6.—Major-General enry T. Allen, U. 8, A. retired, exe- cutive officer of the American Olym- iie Committee, has withdrawn as one “f the principal Americun delegatos ‘9 the forthcoming, Paris Olympic ames, according to a private mess- ‘ge received here today. It is pre- sumed that his action was due to comment here on his recently pub- lished diary regarding French poli- “ vies toward Germany. , Oxford Women Not Tasty In Dress “Oxford: March 6—Dowdiness or the other extreme, bad attempts ai would-be naughtiness, are the curses: of the average woman un- dergraduate at Oxford, writes “Sophy” in the new issue of Isis. “It is entirely, our fault,” she says. “We have inherited’ it from our schoo] days’ togther with the puritan nonconformtis complex which is always troubling us. If we have to dress, let us dress—not expensively or riotously. It is \\ part ‘of our education to learn to ¥ eee clothes, not to fling them on. ‘can be achieved Ifke a good class in ‘Greats’ and it is far more im- portant unless we ‘are to become educational machines.” ~ i \ THE BISMARCK Olga Yosipovi the Serbian International Educa LEASE CASES 10 BE BEGUN IN NEXT WEEK. Government to Seek Cancel- lation of Doheny and Sin- clair Interest Leases Washington, Mar, 6.—Cancellation of the government oil reserve leases to the Doheny and Sinclair interest will be in bills of equity to be filed by the government oil counsel next week, The bills will ask for return of the naval reserves to the government on the grounds that “fraud and illegality were involved.” Injunetions also will against further drilling and with- drawal of oil by the Sinclair and Doheny companies and the court will be requested to name receivers to control the properties pending com- pletion of the litigation. At the request of the special coun- sel a special grand jury will, be im- pannelled here about April 1 to con- sider the -evidence so far brought out in the oil inquiry be asked DAVIS 10 BE CANDIDATE Will Seek Congressional Nom- ination in Second District James. E. Davis of rancher, farmer and banker, will be a candidate for the Republican nomi- nation for Congressman from the Sec- ond Congressional District. He has announced his intention to friends in Goodrich, according to A. D. McKin. non, who visiteg with Mr. Goodrich | a few days ago. Mr. Davis, however expects to go into an elimination convention in the Second district and will not make a campaign independent of the conven- tion, McKinnon said. Mr. Davis served as state senator for eight years. He was born in North Dakota, his father, who was also @ state senator in the early days, operating a ranch. Mr. Davis still operates his father's ranch near Goodrich, and is engaged in farming and stock raising. He is now a res- ident of Sheridan county, which was a part of McLean county<when he was elected senator. “U” PROFESSORS IN DEMAND Grand Forks, N. D., Mar. 6.—Sever- al University of North Dakota facul- ty members will teach in summer schools in various parts of the Unit- ed States this year. Four have already ‘accepted posi- tions as follows: Dr. Clarence Perkins of the his- tory department will ‘teach history at the University of Colorado at Boulder, Colo.; Dr. J. M. Gillette of the sociology department is to give several lectures at the University of Minnesota; Prof. Thomas E. Atkin- son of the law school will teach at the University of ,Michigan; Miss Marrion L. Stephenson, assistant pro- fessor in home’ economics, will be a member of ¢he faculty of the Uni- versity of Chicago. / ch, pretty Serbian girl, was sent to th ional Association to gi and then return and do welfare work. Yale University while here and now, of course, Goodrich, | / pt TO GO BACK!” % is country by n knowledge But she married a professor of doesn’t want to return |NORMAL SCHOOL HEADS TO MEET Normal school presidents, deans of {the departments of education of the Agricultural College and U, of N. D. 1 representatives of the state board orks Friday on request of State Su- intendent Minnie Nielson, to consider matter pertaining to the jcourse of study of summer schools. | Miss Nielson, who;has been in Chi- cago attending a convention of the state superintendents’ section of the National Education Association, is ted to come from Chicago disect rand Forks. jexp jto G | MAY ABOLISH STUDENT COURT | | erat (Control of Discipline Would ' Pass Back to Faculty | Grand Forks, |of the student court, judicial body of student se. universit to be considered al a meeting of the man’s conference, stu- dent legislative body, at the universi- ty next Monday afternoon, Gerald L, Duppler, secretary of the conferenee, announced Tuesday. This action is to be considerdd as a result of considerable discussion as to the efficiency of the disciplinary |function of the court. A talk to the jgiven by Professor R. R. Hitchcock, chairman of the student affairs com- mittee, at 5 o'clock Tuesday after- noon. A vote to abolish the student court will again place disciplinary action concerning students in the hands of the faculty, though the powers and duties of the men’s conference as a legislative and executive body will continue, it is pointed out. Creation: of the student court was simultaneous with the instituting of student self-government three ycars go at the university. CARDINALS ° TOBE NAMED? U. S. Archbishops May Be Named by Vatican Rome, Mar, 6—(By the A. P.)— Archkighép Hayes of New York and Arcbishop Mundelein of Chicago will probably bé nominated as Car- dinals, according to the view taken in-well informed? Vatiean quarters. Up to'this time, however, no official deciston has beer! made public and so far as can be learned no positive de- termination as to the. appointment has been received. CONTRACT FOR GOPHER STADIUM IS AWARDED Minneapolis, March 6.—The con- tract for the new athletic stadium at the University’ of Minnesota was awarded recently to a Minneapolis company which submitted a bid of. $587,762. The new stadium, which will re- place Northrop Field, will have a seating capacity.of 50,000. Work will be started at once and the contract- ing compan}: agreed to haye the struc- ture finisheg by October /25, if s) a ration will mect at Grand men’s conference on the subject was BISMARCK, NORTH DAKOTA, THURSDAY, MARCH 6, 1924 FARGO TRIBUNE IS TAKEN OVER BY N.B. BLACK Sale of Fargo Tribune to Own- er of Fargo Forum Announ- ( ced in Fargo Today FENANCIAL ] Declared That They Were In- fluenced by Lack of Suc- cess in Making Change REASONS The Fargo Daily Tribune today Passed from the hands of the pres- ent owner to Norman B, Black, own- er of the Fargo Forum, according to an announcement made _ editorially today by The Tribune. The Tribune, formerly the Fargo Courier-Ne: organ of the: Nonpar- tisan League for many years, was taken over by the present owners from the league. In announcing the sale of the paper, J. P. Dotson and C. W. Brown say: With this issue of the Fargo Daily Tribune, the present proprietors re- tire from the ownership and man- agement of the paper. | We have today disposed of the Tribune and all its assets to Norman B. Black of Fargo. ' Ever’ since the i establishment” of the Fargo Courier-News every one who has been associated with its ownership has suffered a financial | loss. About eleven months ago the ‘present owners of the paper, having had extensiv felt that a morning newspaper in Fargo could be made more than self | With this conviction, they purchased the Courier-News und | changed its name to the Fargo Daily Tribune, We have labored diligently and to the best of our ability to give the people of Fargo and North Dakota a clean, reliable newspaper, but in spite of this our efforts have not met with a financjal return suf- ficient to permit us to continue in business, and for business reasons alone we are obliged to dispose of it. A very large increase in the cost of labor and materials that enter into the publication of a newspaper have not been met by an adequate return in rates and patronage. We are pleased to-say thatval ob- ligations of the paper, created by our ownership, will. be fully and promptly @urried out. The circula- tion contest now in progress will be energetically continued and every promise in regard to it fulfilled. In making this announcement the | retiring owners are pleased in that their success — will give Fargo that kind of a newspaper that builds for greater things in our city and state, yet it is with regret ; that we withdraw from the fine | sociation experienced J. P. DOTSON, Cc. W. BROWN. March 6th, 1924, LIGNITE CASE UP APRIL 24 ;Same I, C. C. Examiner to ‘Complete the Hearing The adjourned hearing of the North Dakota lignite freight rate in- crease case will be held in Bismarck jon April 21, Chairman Frank Milhol- lan of the state railroad commission | said today. At the same time there will be heard the case in which the Zap Colliery Company seeks a reg- ular railroad tarjff instead of a switching charge of a spur to its lig- nite mine near Zaj The state commission has been suc- cessful im its effort to have the In- terstate Commerce Commission as- sign Examiner W. H. Wagner to com- plete the hearing, rather than different examiner, Milhollan s The hearing which began here ruary 25 and lasted two and on: days, during which the railroads’ pe- tition for an increase was presented, was conducted by Mr. Wagner and adjournment before completton was necessary because he hag deen as- igned to other hearings on the Pa- cific Coast. At the adjourned hearing the lig- nite operators will present their op- position to the increase, Swimmers Cut Ice To Race Warsaw, March 6.—W. Trat, police inspector of Warsaw, defeated W. Olszewski, Warsaw correspondent of the Chicago Tribune, in a 25-yard swimming race recently. The contest took wlace in the frozen Vistula, the ice of which had to be cut for the race, The thérmometer registered four degrees below freezing. Mr. Trat, covered the distance in 16 seconds, half a second ahead of his oppon- ent. (FORMALLY SENTENCED Grand Forks; Mar. 6.—Judge C. M. Cooley today formally pronounced sentence on M. E, Mattison, convicted of ‘second degree mutder’ for . the death of Mabel Anderson, committing Mattison to the state penitentiary for a 20-year term, | ; newspaper experience | TELEGRAMS OF COOLIDGE READ IN OIL PROBE President’s Wire to E. B. Mc- Lean Declared to be on a Local Matter STATEMENT IS_ ISSUED President Says Wire Was Re- garding an Appointment ' in District of Columbia Washington, March 6.—Two tele- grams sent by President Coolidge to Edward B. McLean in Florida were read into the record of the oil com- mittee. Immediately afterward the President issued a statement saying that the matters referred to in the messages related to questions of lo- cal government in the District of ge sent on January 12 ‘ott is away. Advise Slemp whom I shall confer. (Signed) Calvin Coolidge Slemp was then in Palm Beach. Members of the committee did not know who “Prescott” was. A short time before the committee had heard a telegram from chief bookkeeper H, E, McKenna at the White House advising McLean on December 22 that Slemp was leaving that night for the south, Then an exchange of messages was read showing that on January 10 | Albert B. Fall at Palm Beach wired Chairman Lenroot of the oil com- mittee asking if ‘Wal "has author- {ity to subpoena me to testify” and xot a reply saying he had not. j Senator Walsh, chief prosecutor of the oil committee, had gone to Flor- ida to question McLean but commit- tee records show he was empowered to summon such witnesses as he might desire, Thanks McLean Gaston B. Means, a widely known investigator once employed by Department of Justice, wir i Lean’s secretary early’ in January | that he was on the way to Palm Beach. sident Coolidge telegraph- ed McLean at Palm Beach on Febru- ary 12 according to the committee's telegrams, unquestionably ; ‘Thank you for your message,” the second Coolidge telegram read. “You have alwa been most considerate. Mrs. Coolidge joins me in sending kindest regards to Mrs. McLean.” The first Coolidge telegram was sent after McLean had testified that the $100,000 loan he previously had ‘said was made to Fall on a note was in reality in the form of checks which were returned to him uncash- ed. “Please see Senator Jim and find out if there is disposition to make mutual friend make long journey,” said a message sent from Palm Beach January 24 by W. P. Wiley to Ira E, Bennett. Wiley is manager of the Cincin- nati Enquirer and Bennett is an editorial writer on the Washington Post, both McLean publications. Im- mediately after the reading of Pres- ident Coolidge's messages to McLean the White House announced the President was preparing a state- ment. aa President’s Statement President Coolidge issued this ‘statement: “The telegram related to the commissionership. Samuel J. Prescott is the Republican chairman and the President desired to confer with him considering dis- trict matters.” Z “The telegram sent to Mr. McLagan on February 12 was in regard to a message from Mr. McLean congratu- lating the president on his message on the Robinson resolution, “Owing to the date of the telegram it was first thought it related to the President’s Lincoln birthday address at New York. An examination of the White House files after issuance by the President of his statement dis- closed, however, that the McLean statement related to the Denby mat- ter. “A number of congratulatory mes- sages were received both on the statement on the Robinson resolution and the New York speech. The telegrams read also included another “Mary” message in which Mrs. Mary Dockstein, a secret agent of the Department ‘of Justice, in- formed her husband, W. 0. Dock- stein, a McLean employe, that “Burns” was uncertain when he could get away from Washington. Mrs. Dockstein was placed on the stand when the reading was conclud- ed. She said that W. J. “Burns, chief of the justice department bureau of investigation, had changed previous plans to go té Florida because of a belief that the oil committee might need his assistance but asserted that other expressions in her messages had been personal between herself and husband. Operator “Listened In” Mary Quigley, telephone operator for the Washington Post, mentioned in some of the telegrams Yas called. John Major of the Post wiring Mc- Lean had asserted she had listened on the lines while W. O. Dockstein was talking. “I repeated’ the con- versations had with his wife in an offhand way,” she said, “not expect- ing them to be printed in every paper in the land. I plugged in and out on the wire. I heard him say: ‘I'm going down to Palm Beach (Continued on. page 3) Washington, March 6 the flexible provisions of the increase in the duty on flour. SCHOOL LANDS RENTING WELL School lands in the state are leas- ing well this spring, according to re- ports from EF, W. Herbert and Frank Kiebert, in charge of the leasings. The minimum charges are $15 for one-quarter section grazing land for the season, and 60 cents per acre for cultivated land. COULTER BILL IS SET OVER UNTIL MONDAY Growing Opposition Causes the Senate to Lay Aside Farm Aid Measure Washington, Mar. 6.—Growing op-| position in the senate to the propo- sal that the government finance crop diversification, led to the temporarily laying aside late yesterday of the Norbeck-Burtness bill, which would make such provision in favor of ap- propriation measures. An agreement was reached, however, to take up the farm relief bill Monday uxder an ar- rangement for limiting debate so that final action can be taken within a few hours. Against Both Measures | mates: Although centered upon the bill under consideration, the opposition | extended also to the Mc Haug- en bill which would establish a $100, 000,000 corporation to export surplus farm products. Senator McLean, Re- publican, Connecticut, recalling that some members of the farm bloc had expressed their preference for this bill, declared it would only result in “increasing the surplus, if it was j successful, and would be of no vaiue otherwise,” The bill was defended | by its co-author, Senator McNary, Re- publican, Oregon who ‘denied it was intended to insure a profit on farm commodities. * “The bill is designed,” he explain- ed, to “place the farmer upon a fair competitive basis with other produc- ers by giving him the ratio-prices equal to the pre-war prices of manu- factured goods.”, South Against Senator Dial, Democrat, South Car- olina, led the attack on the diversi- fication proposal and contrasted the appeal for federal assistance with the unaided secovery of southern agricul- ture after the Civil War, and with the present privations caused in cot- ton territory by the boll weevil. Advocates of the bill, including Bursum, Republican, New Mexico, and Johnson, farmer-labor, Minneso- ta, insisted the government was re- sponsible for the situation of the wheat grower and should make amends, TO DISSOLVE REICHSTAG * New Elections London, Mar. 6.—President Eb | of Germany has authorized Chance! lor Marx to dissolve the Reichstag according to an Agency dispatch re: ceived by way of Amsterdam. If the dispolution takes place this wedk, the dispatch says, the elections will be| held either on April 6 or 13 and will include the occupied regions. “WEATHER REPORT For twenty-four hours ending at noon today. Temperature at 7 Highest yesterday Lowest yesterday Lowest last night Precipitation . Highest wind velocity . WEATHER FORECAST For Bismarck and vicinity: Gencr- ally fair tonight and Friday. Colder tonight. Not so cold Friday after- noon.\ Far North ota: Generally. fair tonight and Friday. Colder tonight. Not so cold Friday afternoon. WEATHER CQNDITION A well flefined low pressure area isjeentéred over the upper Mississippi Valley this morning and precipitation occurred in the Mississippi Valiey, Plains States and over_the northern Rocky Mountain regiog: High pres- sure, accompanied by fair weather, prevails west, of the Rockies. Tem- peratures are lower over the Plains States this morning, but rising tem- peratures are reported, over the Roeky Mountain region, | tion FIFTY PER CENT INCREASE IN WHEAT, FLOUR, FEED TARIFF IS FORECAST AS PRESIDENT HAS ORDER BEFORE HIM — Pr desk today ready for signature a proclamation ordering new tariff duties on wheat, flour and mill feed. was based on the results of the tariff inquiry and was ex- pected to be signed during the day. \ White House officials refused to discuss the new rates to be ordered but it was understood Mr. Coolidge was pre- pared to\order the full 50 per cent increase allowed under dent Coolidge had on his The document tariff act and a proportional | MORE REVENUE NEEDED, SAYS UTAH SENATOR Revenue Measure to be Chang- ed to Provide Money, He Asserts REMODELING IS NEED Washington, March The tax re- duction bill passed by the house will have to be remodeled to provide for 1 $100,000,000 more revenue, Chairman Smoot of the senate finance commit- tee, announced on the eve of con- sideration of the measure by that committee, Basing his calculations on esti- reported this week by the treasury department that the house bill would cut off $446,000,000 in revenue in the calendar year 1925, Mr. Smoot said this would fail by $100,000,000 to provide funds for the working expenses of the government alone, exclusive of a soldier boXus bill or other pending extra appropri- ation measures, Rate Changes Mr. Smoot declar€d that undoubt- edly some of the tax rates would have to be changed to meet, this ex- peeted deficit. but expressed 'no opin- ion as to what taxes would be af- fecteq pending consideration of the bill by the senate committee. The principal tax reductions made by the house were in the personal income taxes, the miscellaneous or excise taxes and a special deduction of 26 percent on earned incomes. This situation will be presented to the committee today by Senator Smoot. when it holds its first session for consideration of the bill. With tax legislation thus getting under way in the senate, Senators Watson of Indiana, a member of the finance committee, and Moses, of New Hampshire, Republicans, called on President Coolidge yesterday to inform him of the present outlook for the bill there. They expressed the opinion at the White House that the bill would be amended in com- mittee te carry substantially the Mel- lon income rates. The bill as report- ed out :by the house ways and means committee, carrieg these rates, but they were substituted first by the Democratic income tax plan, and tater by the Longworth compromise schedule, which was adopted with the support of the Republicans as unit. a Favor Old Form The Longworth rates in the bill provide for a maximum surtax of 871% percent on incomes above $200,- 000 while the Mellon rates carried ® maximum surtax of 25 percent above $100,000, Both Mr. Watson and Mr. Moses expressed the opinion that, outside of committce, sentiment had not crystallized very distinctly on tax legislation in the senate. This be- lief was supported by statements of senate leaders of both parties, * A determined effort, however, is expected to be made by administra- Republicans to eliminate the house amendments to the bill pro- viding for increase in the estate tax- es, institution of a gift tax, and opening of income taxes to certain congressional committee. On the *other hand, some Demo- crats have indicated: they will not only seek to retain these amend- ts but will attempt to broaden the scope of income tax return inspection to make the returns vir- tually public records. Asiatics Have No } * Sense of Honor London, Mar. 6.—Sports are hy- gienic but it is doubtful if they ate an unmitigated-blessing for the Japa- nese, said B. J. Wilden-Hart, pro- fessor emeritus at the Imperial Japanese univer: in a paper be- fore the Japan S. ty recently. “It is very difficult,” he said, “for an Asiatic to grasp the idea of ‘los- ing with honor’ or ‘being defcated but not disgraced.’ The old attitude and feudalistic cast ‘win or die.’ i BURGLAR TRIO TO PRISON Devils Lake, Mar. 6—Archie Den- nis was sentenced to one year in the state penitentiary, and Michael Lig- otte and Fred Azure to two years in the state training school at Mandan, when they pleaded guilty to stealing merchandise from a Great Northern freight car in the yards. ILL IN HOSPITAL John R. Sryder, deputy state land commissioner, is confined in a local hespital with bronchial pneumonia. TRIBUNE [aanno_ " PRICE FIVE CENTS A FOLLETTE HEARING ORDERED “I DON’T WANT SAY LEMBKE IN ACTION FAILED TO OBEY ORDER Supreme Court Demands Dis- trict Court Hear Case or Call Another Judge HAD ORDERED NAME ON District Judge Sought by Long-Distance Telephone to Serve Court Writ Judge Pugh of Dickinson will hear the LaFollette case in Man- dan tonight at 7 o'clock on re- quest of Judge Lembke, accora- ing to word received here this af- ternoon, The Supreme Court, in an extre ardinary order, of superintendiny writ, issued shortly before noon to day, commanded District Judge F. T. Lembke to immediately hear on its merits the: case involving the que: tion of whether or not Robert M, La Follette may be permitted to with- draw his name from the, March 18 primary ballot. The court, in its order, declared that Judge Lembke in issuing a new alternative writ commanding restora- tion of LaFollette’s name to the bal- lot, late yesterday afternoon, failed to comply with the order of the su- preme court which sent the case back to him for further proceedings. The court’s action followed appear- ance of Attorney-General George Shafer with an application for the issuance of a writ bringing the pa- pers in the case from the Morton dis- trict court to the supreme court. Says Order Violated The Attorney-Gencral, in petition and affidavit, asserted that Judge Lembke failed to comply with the previous order of the supreme court which reversed his decision and or- der to Secretary of State Hall to put LaFollette’s name on the ballot and directed further proceedings. The District Judge, he said, did nb is- sue notice to the Attorney-General of a ‘hearing in the matter in which a writ was issued late yesterday af- ternoon, being served upon Attorney- Generdl ‘Shafer at 4:35 P. M, com- manding the Secretary of State to restore LaFollette’s name to the bal- lot. The Attorney-General, in an affi- davit, said that he sought to get hold of Judge Lembke for the purpose of securing « hearing and learned that Judge Lembke, after issuing the writ in Mandan, left that city about 3 o'clock Mountain time on a train bound for Mott, N. D. and that he did not expect to return for 10 days. The writ was returnable at Stanton, March 15, three yee before election, Leaves Mott The Attorney-General said he com- municated late last night with Judge Lembke by telephone at Mott and that “said Judge Lembke then and there stated in effect that he knew what the facts were in said Litiga- tion and was prepared to and had de- cided the merits thereof, and would not change or modify the same upon a further hearing.” The supreme court, in its order to Judge Lembke, declared that it ap- peared he had not complied with the orders of the supreme court, and di- rected him to be in Mandan today, March 6, find hear and determine the election case on its merits, and in the event of his inability to be pre- sent, to call District Judge Thomas Pugh of Dickinson to Mandan. Judge Berry, the third judge in the district. is in Valley City. 60 Order Telephoned Judge Lembke could not be reuch ed by telephone at Mott by the Cie of the Supreme Court for the purpo of serving the court's order, 1: clerk telephoned the order to Het- tinger, having been: informed at Mot+ that Judge Lembke had gone to Het tinger and would arrive about noon The order was given by telephone to the Clerk of Court there to serve. It was expected Judge Lembke weuld comply with the order and ask Juuge Pgh to leave Dickinson and arrive in Mandan late today to hear the mat- ter, Attorney-General Shafer, in his pe- tition, declared that the Secretary of State could not wait longer than to- night to send the ballots out, and that delay is jeopardising the elec- tion. The order ofJudge Lembke was is- sued yesterday Afternoon in Mandan after attorneys Coghlan and Hell- strom appeared before him, Roy Frazier apd John Bloom appeared in conference with the court in. the morning, atcording to word from Mandan, They did not announce the purpose of their visit. Writ of Geurt The superintending writ issued b; the court follow: i “Whereas, there has been presented to this Court by the Attorney-Goner- al of this state an affidavit and peti- tion for an appropriate writ; and, “Whereas, it appears that hereto- fore this court in the case of state, ex rel R. A. Kinzer v. Thomas Hall, as Secretary of State of the State of North Dakota directed that the cause be remanded, and, for purpeses of expeditiqn, a ting be immed- iately had upon the issues involved: ind, tia