The Bismarck Tribune Newspaper, September 19, 1924, Page 1

» tion: ns WEATHER FORECASTS For Bismarck and Vicinity: Unsettied tonight and Sat. ESTABLISHED 1873 LEGION THE BISMARCK TRIBUNE [aan BISMARCK, NORTH DAKOTA, FRIDAY, SEPTEMBER 19, 1924 CITY ENGINEER AN VALIDITY OF WATER BONUS 10 BR TESTED Taxpayer Seeks to Recover Three Per Cent Commis- sion Paid Atkinson RUSH BILL THROUGH No Time Given Between Al- lowance of Bill and Cash- ing of City Warrant Through an action served upon A. P. Lenhart, C. W. Henzler, John Larson, John French, city commissioners and T. R. Atkinson, city en- gineer, the courts are asked to determine the validity of the three per cent commis- sion paid Mr. Atkinson upon $265,000 or the purchase price of the Bismarck Water Sup- ply company plant. The action is brought by Marcus A. Ed- berg, a pioneer citizen of Bis- marck and a tax _ payer, through his attorneys, Crum & Crum of Bismarck, N. D. The action is a suit to re- cover into the city treasury $7,950 alleged to have been paid illegally to Mr. Atkinson. Four of the city commission- ers and the city engineer are sued personally for the above amount. Mr, Edberg has been a taxpayer in Bismarck for many years. He finds that in 1922 his taxes were boosted thirty percent and that on some pieces of property in 1923 the in- crease was 150 percent. Like a num- ber of. other taxpayers, he finds his income from real estate is being diminished by what he contends is excessive taxation due to extrava- gant and illegal expenditures and in behalf of a large group of tax payers this action is started to determine the legality of the $7,950 commission, Thompson Not Sued H. A. Thompson is not made a de- fendant to the suit because he voted against the alleged gratuity. It is set up in the complaint in de- fense of this kind of action that no time was given to institute injune- tion proceedings for the reason that “either on the evening of August 5, 1924, after business hours or on the morning of August 5 that said warrant was presented to the city treasurer and cashed by said T. R. Atkinson on the morning of, August 6, immediately upon the opening of the banks of said city, the alleged voucher or claim in payment of which said warrant was so issued, as aforesaid, was never presented to said auditing committee either prior to its consideration and allowance by the board of commissioners of said city or at anytime, and that the members of said auditing committee had no official knowledge of the ex- istence of, said claim prior to its con- sideration and allowance by the board of city commissioners and that this plaintiff had no knowledge of any of said transactions prior to the payment of said warrant and no op- portunity to restrain or enjoin the payment of the same.” Papers in this action were served upon the defendants today and the hearing will come before the district judge in the’ near future. The com- plaint follows in part: The Complaint “That at all of the times herein- after mentioned, the defendant, T. R. Atkinson was, and still is, the duly appointed, qualified and acting City Engineer of said City of Bismarck, North Dakota, and, as such City En- gineer, is charged with the legal duty of performing all the duties pertaining to his said office, includ- ing all engineering services, inspec- tion of all construction work done by or for said City, the preparation of all necessary plans, specifica- ind jimates of cost for the proper construction and maintain- ance of, and all paving, sanitary, storms or lateral sewers, street light- ing system, alley paving, pumping plants, reservoirs, settling basins, water mains, and for professional engineering advice, services and su- pervision in regard to all of the above named duties, and that during all of said: times, and at this time, the official salary of the said T. R. Atkinson, as said City Engineer, has been and now is, duly, legally and definitely fixed and determined at the sum of $720.00 per year; provid- eq that in addition thereto, the City shall furnish him an office in its City Hall, together with light, heat and telephone service, , Approve Resolution “That on the 17th day of April, 1928, the Board of City Commission- ers of the City of Bismarck, North Dakota, in regular ion assembled, on ‘pass, hs prove and adopt a reso- lution deals “it 6 wary to conattict 2° Hake ‘wor! (Continued on page 6) LACK OF MONEY MAY HANDICAP GRANT BOY'S FAMILY FIGHTING TO STAVE OFF HANGMAN’S NOOSE Clarence Darrow, Counsel For Leopold and Loeb, Will Aid in Fight For Executive Clemency — Mother Declares That If Rich Men Escaped Gallows Her Family Ought to be Spared Hanging Disgrace Chicago, Sept. 19.—(By the 1) —Lack of money may handicap Ber- nard Grant, 19, in his plea for a com- mutation of the death sentence im- posed on him with Walter Krauser, for killing Policeman Ralph Souders, | according to Thomas KE. Swanson, Grant’s attorney. The boy's family exhausted its | funds in the trial of the son, who) must die October 17, unless he re-! ceived executive clemency. How to} pay the expenses of 20 witnesses to| testify before the Governor is the| family’s problem. i Krauser, who first implicated Grant and now. says Grant had no connection with the killing, is pre- pared to appear before the Governor in Grant’s behalf, Mr. Swanson said. Meanwhile letters from many sec: tions of the country have been re- ; stead of death, Grant should not be hanged, The same sentiment is expressed in a letter to the Chicago Tribune by Mrs. Alice Krauser. “We feel as‘ though a terrible in- justice has been inflicted on ‘our’ family when the families of Leopold and Loeb have been so considered,” the letter stated. “The parents of Walter Krauser and Grant should be considered also. We have no money. We have made ourselves penniless trying to save the disgrace of a hanging, 2... “If these two rich men can suc- ceed in escaping the noose, why should Walter Krauser and: Grant’ hang because they are poor? Should anyone ever Hang again in Illinois? The petition to the Governor pro- ceived, the attorney said, expressing | bably will be sent next week after the belief that since Richard Loeb and Nathan Leopold, sons, were given life” impr for the murder of Rober inks in- millionaires’ | the return here. of Clarence. Darrow, j chief counsel for Leopold and Loeb, who has promised to aid Grant, Mr. Swanson said. HOLD PASTOR ATER DEATH OF HIS WIFE Finding of Poison in Dead Woman’s Stomach Is Fol- lowed By Charge ALLEGATION IS .DENIED Pastor Says It Is Hard Enough to Bear Death of Mother of Children Mount Vernon, Ill., Sept, 19.--(By the A. P.)—While the body of Mrs. Anna Hight, wife of the Rev, Law-j rence M. Hight, held in jail here in connection with’ the death of his wife, was being exhumed at Metropolis, Illinois, today, the sheriff's office here was continuing its investigation of the death of Mrs, Hight and Wilford Sweetin, both re- sidents of Ina, 12 miles south of here, where the minister had his charge. Mrs, Hight died under mysterious! and was| circumstances last Kriday buried at Metropolis, the former home of the family. It was after a conference between the states at- torney of this city and Massick coun- ty, that it was decided ‘to exhume Mrs. Hight’s body for further exam- ination. A Chicago chemist report- ed yesterday he had found enough poison in the stomach of the dead woman to'cause her death. It was then that the arrest of the clergy- man was ordered. Sweetin died two months ago, andj although the coroner returned a ver- dict of death by natural causes, gds- sip continued to keep rumors astir regarding the cause of Sweetin’s death. His body was disinterred yesterday in order that the contents of his stomach may be analyzed. A search of the home of the clergyman, following his arrest, re- vealed a box that was reported to have contained poison of the same kind that had been found in the wo- man’s stomach. The minister de- clared he had purchased the poison to kill rats, Denies Charge “I am not guilty of the charges that have been made against me in connection with the death of my wife,” said the minister yesterday. “It is hard enough when my chil- dren lose their mother, but the blow is made harder by the charges brought in connection with her death.” The coroner's inquest into the death of Mrs. Hight was continued yesterday. At the inquest the pro- prietor and a clerk of the store from which the Rev. Hight claimed to have purchased ham that made his wife and two children ill, denied that any MANY BANKS WILL REOPEN St. Paul, Sept. 19.—(By the A. P.) —Plans are under way whereby ap- proximately 25 closed banks in Min- nesota will be reopened before the first of the year, A. J. Veigel, state superintendent of banks, announced today. The liquidation is made pos- sible by the excellent crops and the good prices received by farmers for their products, he said. WILBUR WILL TELL COOLIDGE | OF WEST COAST Secretary of Navy Returning To Have Conference with President ' Washington, Sept. 19.—(By the A. | P.)—A meeting with his cabinet, the regular semi-weekly session, consti- tuted the principal business before President Coolidge today. Later in the day Secretary Wilbur was ex- pected to arrive here from Califor- nia, at the dll of the President. There was no comment at the White House in regard to the speech deliv- ered in New York last night by Sen- ator LaFollette, the independent can- {didate, the president making it clear | that he would confine his discussion of politics to formal occasions. The next occasion on which he is expected to deal with political ques- tions is in his address in Philadel- phia next Thursday night. Although Secretary Wilbur was ex- pected to call at the White House up- {on his arrival, it was understood the President did not plan to take up with him the pending naval questions which, the White House has an- nounced, led to the request for his return, Soviet Courts Are Ruled By Peasants Moscow, Sept. 19.— “Comrade” Smyrnoff, chairman of the Moscow district court, gives some interest- ing figures in his annual report con- cerning the personnel of the Moscow Soviet courts. Of the 287 judges, 100 are laborers and 37 are peasants. Nearly 175 are members of the Com- munist party, while 50 are members of the so-called intelligentzia. Out of 7,845 men available for jury duty in Moscow, Smyrnoff’s report says, 3,021 ard drawn from the mem- bership of the Communist party, 6,197 are workers and peasants, and ham had been bought at the store. 1,658 are clerical or other employes. RELIGIOUS EDUCATION TO BE SUBJECT OF BILL IN NORTH DAKOTA LEGISLATURE Eight different denominations in North Dakota have indorsed the plan of the North Dakota Council of Religious Education, for provid- ing week-day religious instruction for school pupils, C. A. Armstrong, state superintendent, declared here today. Mr, Armstrong came to the e capitol’ in furtherance of the plan for making Sunday, November 2, “Religious Education Day,” on pro- clamation of Governor Nestos. | The proposed instruction plan/will go before. numerous church confer- ences in this state this fall for con- sideration, he said. The North Dakota council, he said, will propose a bill in the next legis- lature permitting any parent or per- son having control over a child to withdraw the child for not less than one nor more than three hours a week for instruction in a school for religious education _ maintained.’ by: some recognized organization, but: not at public expense. ISSIONERS SUED FOR $ I nn CAMPAIGN FOR COOLIDGE HERE IS SLOWED UP Uncertainty of Situation Keeps Organized Fight From, Being Started AWAITING WITHDRAWAL Electoral Candidates Must be Withdrawn Before Fight Can Go Ahead WITHDRAWAL HELD UP Roy Frazier, chairman of the Republican state committee as controlled by the Nonpartisan League, on his return to Bi marck this afternoon, issued a statement in which he declared that the four Republican elec- tors, known to be LaFollette men, had not been withdrawn _ because of the form of ballot he says is proposed by Seere- tary of State Hall. He said the Secretary of State’s plan called for putting LuaFollette electors in a se e column, rather than the individual nominations olumn, separating the LaFollette electoral candidates and Ger- ald P, Nye, candidate for Con- gress in the Second district. Mr, Frazier planned a conference with Secretary of State Hall on the matter late today. An_ organized campaign for President Coolidge in North Da- kota being delayed by the un- certainty of the electoral situa- tion. Failure of the LpFollette forces to withdraw four electcral candidates on the Republican tick- et has caused a suspension of plans for beginning an organized drive in behalf of the President, it is understood. Whether this situa- tion has anything to do with the? failure of LaFollette forces «to ccmplete the withdrawals is a mat- ter of conjecture in local political circles, Tt_was expected that withdraw- | al of the LaFollette electors from the Coolidge column and the nam- ing of Republican electors favor- able to President Coolidge would | have been completed two weeks ago, permitting the campaign for the president to begin. Speakers from the national Kepublican head- quarters might have invaded the state by this time, including Char- les G. Dawes, candidate for Vic President, who has visited both Minnesota and was billed for South Dakota, had the electoral situation been cleared up. While Coolidge men here con-;} fidently expect that:the withdraw- al will be completed within the next few days, they are semewhat | chafed at the enforced delay in their campaign plans which they feel the LaFollette organization has forced upon them. Waiting Arrival Jud LaMoure, representative of Harrison Garnett, Republican na- tional committee, was still waiting early this afternoon for the ap- pearance in the city of Roy Fraz- jer, chairman of the Republican state committee as controlled by the Nonpartisan League, and F. A. Vogel, campaign manager for Rob- ert M. LaFollette, for a conference he hoped would clear up the elec- toral candidates situation. Under- standing that the resignations of four electors on the Republican ticket; who are LaFollette men, are in the hands of. Frazier andj Vogel, Mr. LaMoure hoped the withdrawal . would be filed this afternoon or Saturday and out and out Coolidge men named in their places, DAVIS DRIVES ATRECORD OF REPUBLICANS; Candidate for President Would Fight Battle Along This Line, He Says Chicago, Sept. 19.—(By the A. P.) —Having opened his Illinois cam- paign with an attack on the Republi- can party in an address last night on the south side, John W. Davis, the Democratic presidential candidate, was prepared today to carry on in Indiana, He will speak tonight at Gary, and tomorrow at South Bend, and Fort Wayne. Cheered repeatedly by a crowd es- ited to be around 14,000, Mr. Davis assailed the record of the Republican administration in the past three and a half years and told his audience that if this were the only issue of the campaign, he would be content to fight on that line alone, any contrast to the rec- ordsef the eight years of Democratic administration: under ‘COOLIDGE AND DAVIS TARGETS | OF LAFOLLETTE Senator, in Address in New: York City, Assails Both G. 0. P. and Democrats REFERS TO | | SCANDA | Asserts That President Cool- idge Must Bear Responsi- bility For Actions MEETS SUPPORTERS New York, Sept. 19.-—(By the A. P.)—Encouraged by the recep-. tion given him at a rally last night in Madison Square Garden, Senator Robert M. La Follette, independent candidate for pre dent, pressed forward with his campaign, discussing strategy and plans with friends and spec- tators who called on him at his hotel here. Among those who had an en- gagement with the Senator was Samuel Gompers, president of the American Federation of La- hor, who has not conferred with Mr, La Follette since the feder- ation's executive council indor: ed his candidacy. The meeti was arranged to give the candi- date and labor chiefs an oppor- tunity to discuss organized +'la- bor’s part in the campaign. Late last night Mr. Gompers was reported confined to his room on account of illness and it was uncertain if he would be able to keep his engagement with Senator La Follette. New York, Sept. 19, (By the A. | P.)—Senator Robert M, LaFollette |B Madison Square Garden last |night told the first audience he has waddregsed.. since... agnouncing . his Tcandidacy for president that he did |not intend “to be diverted from the discussion of the vital econom- ic issues of the campaign by the foolish and prepcsterous _ asser- {tions of our opponents that in some! {way we as progressives de weaken or impair the provisions of the constitution of the United States relating to the federal ecurts.”” He made this declaration after assailing the policies and the can- didates of the Republican and Democratic pa , which, he as- serted, are “as/alike as two peas in a pod,” and continued: “I propose to keep in the fore- ground of the discussion through- out this campaign the record of the twe old parties in recent years and the policies inaugurated by ;them under which the railways and other corporations have made larger profits than sever before their peace-time history during the same length of time while labor and the small businessmen have eked out a bare existence and the farmers thave been driven into bankruptcy by the hnudreds of thousands, and the loss in value ‘of farm lands and farm products \has exceeding forty billions of dol- |lars. Dodging Charged : The leaders of both old parties naturally desire to escape discus- sion of the shameful acts which jhave produced such results as these but I do not intend that they shall avoid these issues. Senator LaFollette discussed the record of the Harding-Coolidge administraticn, the acts of which, he contended “must be judged as a whole,” and declared that Presi- dent Coolidge “knew every act and policy of the last administration because he was a_ participant in their formulation.” He referred to John W. Davis as a “certain distinguished lawyer now running for president and trying to get the people to forget his former clients, who “blocked efforts of the public to bring about a reduction in tele- phone rates in New York. Declaring that “parties and can- didates should be judged on their records and not on pre-election promises,” the Wisconsin senator continued: “The best that the Republican party, for example, can offer with its present candidate, is four years more of misgovernment, such as we have witnessed during the last four years—the same control by powerful private interests, the same cynical bestowal of special privileges, on the favored few, the same shameful betrayals of the public trust. a “By an extraordinary procedure adopted at the beginning of Presi- dent Harding’s administration, the vice-president was made a member of the President’s cabinet, so that Woodrow Wil-| th he might nct only be fully inform- ed of every policy and action, but so that he might also give his counsel and advice. He sat with the cabinet while it discussed, ac- cording to the testimony of those who were present, the transfer of the teapot’ dome and other naval oil reserves from the Navy De- partment to the Interior depart- ‘the program of the Workers Party | ment, so that the corrupt lease of jose great properties might. be ‘Comtinued on page 3) James A. Drain of Washington, D. G., ha as commander of the Department of the District of Columbi American Legion. He has been active tation Committee of the Legion, an location at the national capital. as chairman of the Fourth Dis LEGION’S NEW BOSS served for tw months t Rehabil important position be se of i He has been a member of the n tional executive committee and of the board of directors of The Amer- ican Legion. Born in Wi ticed law in capital. He i rren County, Illinois, ebraska, Washington Americ FOSTER OPENS DRIVE INN. D. Workers Party Candidate Speaks in Fargo 19.—William Z. Fo: candidate for that party’s Fargo, Sept. ter, Workers’ president, will open North Dakota cam: When he will addr the Sons of Norway hall here. A comprehensive presentation of; is expected to characterize the ad-: dress. i FARMER DIES — OF BURNS IN AN EXPLOSION Henry Butz, of Near Under- wood, Fatally Burned; Brother Badly Hurt | Henry Butz, aged 30, was fatally| burned, and his brother, John, was seriously injured, as the result of ignition and explosion of gi ine at their farm home nine miles south- west of Underwood, McLean county,| Wednesday night, according to in- formation received here. The men, farmers, were taking oil out of a tank in an auto shed on the farm of their father, John Butz, to) use in a tractor, when one of the pair kicked over a lantern. Gasoline or oil fumes ignited with an explo-| sion following. Mrs. John Butz and) daughter both were painfully burned) in an endeavor to put out the fire. Neither of the victims of the ac-} cident was married, AT JAMESTOWN Missed by Father, Found in James River Jamestown, Sept. 19.—Everett, 18 months old son of Mr. and Mrs. W,| H. Littrell of this city was drowned| yesterday afternoon in the James er. When last seen he was play- ing with two older brothers near where the father and mother were digging and gathering potatoes near the river. Soon after he was missed,| the .father saw the body fleating in the river and recognized it by the sweater the boy wore. |mand a peace parley composed of on September 30, 1870, Drain prac- vtate, Newt York end the national chairman of the executive committee of the National Guard Association and president of the National Rifle Association of KIANGSU ARMY IS ADVANCING UPON SHANGHAI | Roar of Gun Fire Shows That Army Attacking the City Is Approaching Shanghai, China, ( By the A. P.—Sept. 19—Reports that the Kiangsu army, seeking to capture Shanghai, had broken the |Chekiang army lines at Hwangtu, 15 miles west of the city, on the Shanghai-Nanking railway line, and was marching on the ci caused new alarm in cutlying di triets tonight. That the Kiangsu soldiers were advancing on the city was made evident late this afternoon as the sound of gun fire came nearer and nearer. Definite information as {to what actually was transpiring ‘at the front was lacking, however, (due to the fact that observers were |Rot permitted along the railway Wines First Army Bears Brunt Shanghai, (3:30 p. m.) (By the! A. P.), Sept. 19—Revolt cf the! third Chekiang army defending Shanghai has thrown the brunt of the battle today on the first army under command of General Ho Feng Lin, defense commissioner, whose army was holding the lines west of Shanghai, against the Kiangsu forces, fighting for pos- session cf this city. At the headquarters of General Lu Yung-Hsiang Tuchun of Chek- iang province said that General Lu! was inclined to surrender and de-| foreign mediators. The peace proposal was overrul- j ed by General Ho, who says that | his troops were lcyal and that he would continue to maintain a de-; fense to save the Woo Sung forts, at the outer anchorage of Shang- hai and |the Kiangnan arsenal at Lungwha. At 1 o'clock this after- noon, artillery firing was audible west of Shanghai, in the direction of Liuho and Woo Sung, but there was no evidence of disorder or re- treat in the defending Chekiang ines, Calls Wheeler “Common Liar” Columbus, 0., Sept, 19.—United States Senator Burton K. Wheeler of Montana, running mate of Senator Robert M, LaFollette on the indepen- dent ticket, was termed “a common liar” by Harry M. Daugherty, former Attorney-General, in a statement giv- PRICE FIVE CENTS NAMES DRAIN COMMANDER COMM 7,950 WINS AN BASY VICTORY OVER 2, OPPONENTS Washington, D. C. Lawyer, Former Tank Corps Officer, Is Elected Head NO. DAKOTA HONORED William Stern of Fargo Named One of Legion’s Vice-Commanders St. Paul, Sept. 19.—William Stern of Fargo, North Dakota, was elected a vice-commander of the American Legion today. St. Paul, Sept. 19 (By the A. P.) —After naming John A. Drain of Washington, D. C., as national Commander and choosing five na- tional vice-commanders and the national chaplain, the sixth annual convention of the American Legion adjourned sine die today at 12.53 p. m. to meet in Omaha in 1925. Dates for the convention in Omaha will not be decided on until tl January meeting of the executive committee. The new commander declared he would move to Indianapolis as did past national Commander Quinn and administer the Legion from the national headquarters. Commander Drain in his address declared that the Legion would ihave no entanglements in ,poli+ ics. “We shall stand for God and country,” Commander Drain said, without partisanship in politics, |without intolerance in religion, making as we always have, care of our disabled buddies, our first concern, care of orphaned child- ren, the second consideration, and 7) incas-lke--adurinistration of ‘the American Legion. | “We shall strive to make better jcitizens in and out of the Legion, jin short, to translate through the {American Legion into peace- jlife precisely the same sg; ‘moved us in war.” The following were unanimously lelected natio i mmanders, | without opposition: William Stern }of Fargo; Eugene Armstrong of Connecticut, Frank McFarland of Kansas; A. L. Perry of Panama jand-Peyton H. Hoge of Kentucky. St. Paul, Sept. 19—James A, |Drain of Washington, D, C. was elected national commander of the {American Legion at the closing on of its sixth annual con- tion here today. Drain’s election came on the first ballot and he had a majority of jal accredited votes before the roll call was two-thirds complete, and 'as the poll ended, his total had been swelled considerably. Only two other names were pre. ;Sented to the convention, those of {John R. McQuigg of Cleveland and \E. E. Spafford of New York. Minnesota presented the name cf Mr. Drain to the convention, its [state adjutant, Stafford King ;making the nominating address. Given Big Cheer _ Peyton Hogue of Kentucky, na- tional executive committeeman, séconded the nomination, the roll call had been completed the election of Drain was made unanimous on motion of King of Minnesota, and amid a rousing demonstration was escorted to the platform as the band played “cheer cheer the gang’s all here.” The Texas delegation, headed by Miss May Peterson, atop the “old gray mare,” paraded to the plat- form, its band blaring “the old gray mare,” cne of the songs made famous by the convention, Soon every department was grouped on the platform around the new commander, as the cheers and songs of the demonstrative Legionnaires. continued for several minutes until retiring John R. Quinn of California restored order. Commander Drain, an attorney of Washington, began his military career in the national guard of the state of Washington where he rose from private to Brigadier- General. He was a captain in the Spanish-American War and in the World War he was an ordinance officer with the tank corps and a member cf the Anglo-American tank commission. The vote on national commander, before the sonvention made it un- animous, was Drain 715; McQui 142; Spafford 96, absent 21, oes , Accepts Post Thanking the convention for his election, Mr. Drain accepted the post because he “believes in the American Legicn and in the Le- gionnaires who always are think- ing of what they can give, more than what they can get.” he ‘could The new commander himself to do everything “to the best of his ability” to for- ward the work and ambit American Le; When en out here today after a political address made here last night by Wheeler. of the gion. ot a eR gO ac bi Wi PriGontinued ‘pee 3)"