The Bismarck Tribune Newspaper, September 22, 1924, Page 1

‘WEATHER FORECASTS Fair tonight with rising temper- ature, Tuesday cloudy, warmer. ESTABLISHED 1873 THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, MONDAY, SEPTEMBER 22, 1924 FINAL EDITION PRICE FIVE CENTS | ASK COURT TO OUST LAFOLLETTE MEN THIRTY-THREE DIE IN WISCONSIN | STOR MS cooupee man - OTHER DEATHS MAY BE LISTED THROUGHSTATE Partially Restored Communi- cation Shows Storm Took Death in Many Places | 21 IN ONE COUNTY «Hundreds of Thousands of Dollars of Damage Is Caused in the Storms St. Paul, Sept. 22—(By the A. P.) —Partial restoration of wire com-| munication today gradually increased | the known toll of Sunday’s storms in Wisconsin and at noon the casualties stood at 33 dead and scores injured, with immense property damage re-} ported. This toll was taken in several scattered sections, reports received’ : * here showed, while tangled wires continued to isolate some districts, promoting the fear that further! deaths might be reported when com- munication becomes normal, Twenty-one persons were reported killed in the western part of Clark county, near Thopre, while other towns reporting deaths in their vicin- ity; Ashland, six dead, Courderay, two dead; Rhinelander, three; and Milwaukee, one. Reports of other fatalities in dis- tricts isolated by interrupted com- munication added several persons to the death list, but pending re-estub- lishment of telephone or telegraph communication these reports could not be confirmed. The box factory of the Rhineland- er Box and Lumber Company, one mile southeast of Rhinelander, was partially demolished, sections. of the plant being carried for neatly a mile. At Three Lakes, 26 miles east of Rhinelander, the storm did damage estimated at ‘$100,000. A general } Store, a large dance hall and two churches were among the buildings destroyed. Thiee persons were hurt there, according to incomplete re- ports. Eagle River, the county seat of Vilas county, is also reported to have been swept by the storm, but the amount of damage in that sec- tion has not been ascertained. Many summer cottages at lakes adjacent to Rhinelander were des- troyed, Many were blown into the lakes, most of these cottages being unoccupied and no casualties result- ing. ov) STORES DEMOLISHED Sioux Falls, 8. Sept. 22.—Three stores at River: » @ suburb in east Sioux Falls, were demolished and heavy damage was done to residences and farm buildings on the eastern edge of the city early Sunday by a 7 tornado, DROWNED DURING STORM Fergus Falls, Minn., Sept. 22—Mrs. J. Korkala, aged about 80, living in the town of Leaflake, northwest of here, was drowned when she attempt- ed to wade across a sandbar during a heavy rain and wind yesterday. The water washed over the bar with such force it carried her over the , bar, Her body was washed across ' the lake. ' AUTO-TRAIN CRASH FATAL Killed Transient Laborer Near Hankinson t Hankinson, N. D., Sept. 22.—How- ard Meyers, 23, transient laborer, whose home is at Watertown, S, D., was instantly killed and Arnold Tiegs, son of Frank Tiegs, a farmer living six miles north of here had two ribs broken when the automobile in which they were riding!was struck by a Soo freight train, two miles north of Hankinson, Sunday night. Meyers, who had been employed by Frank Tiegs during harvest and threshing, was driving and failed to note the train’s approach, The car was hurled about 30 feet and was badly smashed. The freight crew took Meyers’ body and Tiegs to Wyndmere for medical attention. Tiegs will recover, Farmer Jumps To Safety When Car Stalls Dickinson, Sept. 22.—When his car stalled on a main crossing of the " Milwaukee railroad tracks at Het- y, tinger just as/a special silk freight train approached, Louis Overby, (> farmer, didn't pause to try and start it, He seized his young daughter, Alice, and leaped for his :life,,reach- ing. safety just as the train crashed egaing§ the car and demolished it. WAR PURCHASE, SALE OF LIVESTOCK FEATURES ACTIVITIES ON FARMS IN MANY PARTS OF WESTERN N. D. Killdeer, Sept. 22—A trainload of 41 cars of beef cattle, exceptionally heavy, and running about 1,200 pounds per head, was shipped from here Friday, representing a value of about $90,000. On Saturday, Oct. 4, another big shipment of prime beef is scheduled. The first carload of poultry ever shipped out of Dunn county left this month, and plans are. now being made to ship a car of poultry from Killdeer every two weeks. The first carload averaged the poultry raisers 10 cents per pound live weight for stuff under four pounds, and 13 cents for chickens over that weight BRING IN HOLSTEINS Washburn, Sept. 22.——A car of pure- bred and high grade Holstein cows {and heifers were shipped here from Wisconsin, and sold to farmers of the vicinity who desired good milk cows for their herds. MAKES MONEY IN SHEEP Anamoose, Sept. 22—-From a flock of 58 sheep which he has owned one year, A. H. Barnhart of near Sykes- ton has received an income of $880. He sold wool to the amount of $170, GASTON MEANS SAYS HE LIED TO COMMITTEE Star Witness in Investigation of Daugherty Assails Wheeler in Statement WHY HE _~ TESTIFIED Roxie Stinson, Declared Also To Have Testified Falsely, Strikes at Means Trap, says Wheeler Aboard Wheeler Special, en route to Bloomington, Ill., Sept. 22, (By the A. P.)—Gaston B. Means, instigator and star wit- nesa in the Daugherty investi- gation, whose repudiation of his own testimony was. published Sunday, called Senator Wheeler, vice-presidential candidate, over the telephone last night and “gave a startling version of that ‘episode, ‘Senator Wheeler an- nounced today to correspond- ents traveling with him on his campaign tour. “Means asked me to call the Senate investigating committee together in order that he might present documentary | evidende and personal ‘testimony which would prove,” he said, “even groseer corruption in the execu- tive department at Washington than was alleged in testimony before the hearings last spring. “He told that he had been dealing with Blair Coan of the Republican national committee and with Mr. Daugherty at Col- umbus and a Mr. Todd prior to making his so-called repudiation. I asked him to get in touch with Senator Ashurst, Democrat, Ari- zona, a member of the commit- tee, who was in Washington and see about the matter. A Wash- ington newspaper correspond- ent also called me, saying Means had told him the same story and that he, Means, had professed to be laying a trap for the people who are now using his affida- vite.” Columbu: diation as a “tissue of lies” of all that he told the senate committee in its investigation of the administra- tion of Harry M. Daugherty as attor- ney general, has been made in a sign- ed statement by Gaston B. Means, former department of justice agent and star witness for the Daugherty investigators, according to a copy of the statement made public at his home here Sunday by Mr. Daugherty. The Mea: jatement was incorpor- ated in a letter sent by Mr. Daugh- erty to John W. Davis, the democra- tic nominee for president, in which the former, attorney general takes the presidential candidate to task for statements which Daugherty’s letter says Davis has made in the course of addresses ‘over the country “sug- gesting improper conduct by me in my official capacity.” The letter was dated September 19. United States Senator Burton K. Wheeler, of Montana, prosecutor of the committee, now vice-presidential candidate on the LaFollette ticket, is charged in the Means’ statement with having “put this tissue of lies” into the mouth of Means” and the major- ity of other witnesses.” Charge, Wheeler “These witnesses and myself were persuaded to make these false state- continues the Means state- ‘by Senator Wheeler under (Continued on page 3) Ohio, Sept. 22.—Repu- | similar and lambs for $680; he kept 12 of the best lambs, which at the price he sold the others for, would bring the sum to $880. . BUYS GUERNSEY COWS: Linton, N. D. fs Green of Westfi milk cows last week, which had en shipped in from Wisconsin, and were of very good grade. SHIPPING SHEEP Washburn, N, D., Sept. 22.—Eight car loads of sheep will be shipped in- to McLean county during the next month, according to A. L. Norling, county agent. Underwood will ship ; in three cars with Coleharbor, Wash- burn and Garrison securing about cars more; Mercer and Wilton © expected to make applications which would increase the number shipped in. Since the drive for more sheep was started over the state, the last report was for 1,400 sheep have been ordered; the numbers of cars for some of the counties are: Cass, five; Nelson, eight; Traill, 10; Steele, 19; McKenzie, nine; Benson, eight; and Pembina, five. LOCAL YOUTH IS MISSING Fenton Goddard, son of Mr. and Mrs. H. P. Goddard, student in the Bismarck High School and prominent in activities there, is mysteriously missing from his home here. No word has been receiv ‘om him since Saturday night. Priends and members of the family fear foul play. Mrs, Goddard, the mother, is prostrated. FORT YATES COUNTRY 1s INTERESTING By the Rock Formation It Is Believed To Have Been Under the Ocean Fort Yates, Sept. 22.--Interesting evidence of the changes wrought by time in this section of the state, and which be taken as typical of changes throughout the world, may be found seven miles southwest of Fort Yates. Here there is a stratum of rock 60 or 60 feet thick composed of the shells of some variety of molluck, filled and ce- mented together with pebbles and sand. Ages ago what is now prairie was the bottom of a sea, and at this one Place, southwest of Yates, conditions must have been ideal’ for the growth of the shell fish which reproduced itself here in countless numbers. As each generation grew and died, leaving their shells where they had lived, the moving waters slowly de- posited sand ang silt among. them, until at the end of centuries the thick bed was formed. 2 Time and pressure converted the mass into rock which, the waters having receded, may today be seen more than a thousand feet above the level of the ocean, mute evi- dence of the conditions existing here before humanity came upon the earth. The time may come when this de- posit of shells will be of value, for the phosphorus they contain. o—____-_______—_-e Weather Report eo———_- eo may ‘ | For 24 hours ending at noon: Temperature at 7 a. m. Highest yesterday . Lowest yesterday Lowest last night . 37 65 Al . 87 Precipitation ... 0 Highest wind velocity . ve de! WEATHER FORE! For Bismarck and vicinity: Fair tonight with rising temperature. Tuesday increasing cloudiness and warmer. For North Dakota: Fair tonight; rising temperature west and central portions. Tuesday increasing cloud- iness and warmer. General Weather Conditions The low pressure area has moved eastward and is centered over the eastern Great Lakes region and St. Lawrence Valley this morning and, precipitation occurred in the upper Mississippi Valley and Great Lakes reg! Another low pressure area has appeared over the extreme northern Rocky Mountain region ac- companied by light precipitation in the extreme Northwest. Fair weath- er is general in all other section Seasonable temperatures _prevai throughout the region and light to heavy frost occurred at practically all places in central and western North Dakota, Temperatures are Tia, in the pe wb eh DEPOSITORS IN ALL OF CLOSED BANKSTOSHARE Guaranty Fund to be Pro- Rated, Supreme Court De- cides in Law Suit Here PURPOSE OF THE LAW Court Finds Legislature Saw No Gain in Paying Them Off as They Closed The legislature, in rewriting the Guaranty Fund Commission Law in 1923, und providing that funds on hand for the reimbursement to de- positors who lost in closed banks, was moved by a desire to provide as wide a distribution of the funds available to all depositors, the su- preme court held here in deciding that the law provides that funds should be pro rated among all de- positors, rather than to pay deposi- tors of closed banks in the order of their closing. This, the most debated point settl- ed by the supreme court in its deci- sion in the case of A. J. Wirtz, a de- positor in the Security State Bank of New England, against the Guaran- ty Fund Commission, had to be de- cided, in the opinion of mem of the commission, before it could make any move toward disbursement of funds accruing to it, Just when the commission will at- tempt to pro rate funds on hand, un- derstood to be something more than a’ million dollars, is regarded as uncertain. The question probably will be taken up when members of the Commission come to the city for their next meeting. The amount of money in the Guaranty Fund is so small as compared to the total amount of deposits lost in closed banks, however, that it is not regard- ed as Jikely that any attempt would be made for months to pro rate the funds. The high court, in its, decision, holds that the Guaranty Fund Com- mission cannot be compelled to exer cise its discretion in the matter of making payments. It also holds that the Commission can be sued when it jarbitrarily refuses to perform its duty. Under the present cireum- stances, no early distribution of the fund is likely. Affirms Judge Pugh The supreme court, affirming Dis- trict Judge Thomas H. Pugh of Dick- inson, in the suit, found that the Guaranty Fund Commiasion, being an arm and a part of the police power of the state, could not be sued in an effort to compel it to exercise its discretion. It found that under the act of. 1917, the original Guaranty Fund Law, it was contemplated that depositors of closed banks should be paid in the order of closing, but that a situation arose where the fund was so.small in: relation to the banks closed, that the legislature changed the law to provide for pro rata dis- tribution. Since the state examiner had not taken steps to certify claims of. depositors for payment in order of the priority of bank closing prior to the taking effect of the new act on July 1, 1913, the depositors of the first few banks which closed had not acquired a “vested” interest in the fund, and therefore it was legal tor the legislature of 1928 to provide for the pro rata payment. Must Obey Law The supreme court decision, writ- ten by Justice Sveinbjorn Johnson, to which Chief Justice H. A. Bron- son dissented, while holding that the Guaranty Fund Commission as an agency of the state cannot be sued to affect its discretion, makes it plain that the Commission is not above the law. The majority deci- sion says: “In order to guard against miscon- ception or misunderstanding as to the legal effect of our conclusions, it should be reiterated that the Guar- anty Fund Commission is not, by this decision, put beyond or above the law and the constitution. The rights of the citizen to due process, to the maintenance of the legal sanctity of the obligation of a contract, to the equal protection of the law, and to the enjoyment of the rights guaran- teed by the constitution of the state and of the nation, will be open to vindication and their violation to redress against the Commission, no less than against an persona, natur- al or artificial. Neither the Guar- anty Fund Commission nor any offi- cer may, under our legal system set the Constitution at defiance; offi- cers and private’ individuals alike must obey it and respect the rights of persons thereunder. No such rights are in jeopardy in the case at bar, and if any such rights be en- dangered by the Commission in the future, no injured person will be de- nied the redress or the remedies to which he is entitled under the fun- damental law of the land.” Mr, Wirtz had deposited money in the Security State Bank of New Eng- land which closed No. 17, 1920, simul+ taneously with the Farmers State Bank of Havelock, the: first of many _| banks which closed during the per- “| fod “of financial’ depression in the (Continued on page 2) PASTOR MAKES | CONFESSION OF jas TWO MURDERS (a Rev. Hight, in Illinois, Says He Killed Wife to End Her Suffering GOSSIP REPORT DENIED! Exonerates Wife of Wilford Sweetin, Also One of His Murder Victims Mount Vernon, IIL, Sept 22 (By the A. P.)—The Rev. Lawrence M. Hight of Ina, Mlinois, early today confessed, according to the author- ities, that he had killed his wife, Anna, and Wilford Sweetin by plac- ing poison in their drinks as he ministered to them during illness. Shortly before 4 o'clock, after hours of questioning by States At- torney Frank Thompson, the minis-| ter confessed that he put poison in a cup of coffee which he served to his wife early on September 10. Later he admitted he,put poison in a glass of water he served to Sweetin at his home in Ina on July 27. Traces of poison had been found by a Chicago chemist in the viscera ot both persons. The clergyman, al- though he admitted on Saturday that he had purchased poison three times in recent months in Benton and Mount Vernon, had stoutly main- tained he had obtained it to kill rats which infested the parsonage. Exonerates Mrs. Sweetin In his confession, the authorities added Hight exonerated Mrs. Wil- ford Sweetin of all blame und de- clared there was no basis for the village gossip linking his name with hers. He persistently denied there had been any but honorable relation between himself and Mrs. Sweetin, whom he told his wife he consider “the most beautiful woman in Ina. According to the states attorney, Hight went frequently to the Sweet- in home in his official capacity to minister to the sick during the ill- ness of Sweetin. He “sat up” with Sweetin the night before he died. When the sick man called for water it was the minister who filled his glass and brought it to him; and in that glass, according to his con- fession as related by Mr. Thompson, the minister poured a deadly poison. The Confession The text of the two confessions follow: “I, Lawrence M. Hight, of my own free will, voluntarily, without threat or promises and having been fully informed of my rights, that what 1 say may be used against me, make the following statement: “That while temporarily beside myself with grief at my wife's, Anna Hight, condition, who was suffering intensely and was to die, and wish- ing to save her pain, 1 put arsenic in‘some coffee and gave it to her in the early morning of Wednesday, September 10, 1924; while Mrs. Lucy Laur, my daughters, Mary and Mil- dred Hight, were in the kitchen in my home at Ina, Illinois, Jefferson county, Illinois, and my son Robert Hight was in+bed at home. That my sole thought was to ease her pain in her dying moments.” The second confession follows: “I, Lawrence M, Hight, of my own free will, voluntarily, without threats or promises, and having been fully informed of my rights that what I may say may be used against me, make the following statement: “That on Sunday morning, July 27, 1924, at the home of Wilford Sweetin, at Ina, Jefferson county, Illinois, I placed some arsenic in a glass of water and gave it to Wil- ford Sweetin who drank it. I did it to ease his pain, Elsie Sweetin knew nothing of this and there was never anything between us in any way.” FIRE DESTROYS HEGER BARN Williston, Sept. 22.—Fire destroyed the barn on the Geo. Heger farm four miles south and two miles east of Surrey Tuesday forenoon, the loss being estimated at nearly $6,000. This was one of the finest barns in that district. It was built in. 1909 and was 36x70 feet. ; The barn was filled with hay. Some chickens and one sheep were burned, together with the usual ‘contents to be found in a large barn. A large granary near by, complete- ly filled with grain nearly burned, but was saved by the neighbors who formed a bucket brigad A threshing crew had slept in the barn and two men who did not go to work that morning, had remained in DAWES IN LEGION PARADE Brig. Gen. Charles G. peech, Dawes went to St. He went to the American Legion's natio: Paul, but not for a cam il convention, just a plain legionaire. Here he is seen marching with fellow m hers of the Evanston (I11.) post in the big parade held in conjunction with the conclave. RAILROAD TO PUT OUT BULLS St. Paul, Sept. 22.—Distribution of a carload of registered Holstein bulls on farms throughout North Dakota and Montana will be begun within a week, by the Great Western rail- wi Daniel E. Willard, director of public relatios for the line, an- nounced tod: The purpose of this activity is to promote more profitable farming along its line. The bulls represent the highest type of Holstein breed- ing in America and were purchased by President Ralph Budd in Wash- ington. A farmers meeting for the discus: sion of dairy farming will be arrang- ed at each point where one of the bulls is to be given, and the animal will be given to some farmer select- ed by a local committee in each lo- eality. A. centract.to be made with the farmer provides that the bull shall not be sold or disposed of within a period of three years, but may be exchanged at the end of two years for a bull of the same breed. QUALITY OF WHEAT HURT Frequent Rains in Some Parts Affect It The weekly crop report of Van Dusen-Harrington company, Minne- apolis, as of September 17, is as fol- low: “It is unfortungte that after rais- ing fine grain cfops in the North- west, the quality should be impaired | by wet weather after harvest. Fre- quent rains, together with the ab- sence of drying winds, have left shocked grain in poor condition. fome of it has sprouted and is bleached, and will be reduced grade. The bad roads have tempor- arily checked the heavy movement of grain to country elevators. “The corn crop of the Northwest is in a very uncertain condition. With a week of hot, drying we: some of the corn would be The greater portion, however, needs from ten days to three weeks of favorable weather to properly ma- ure it, otherwise much of the crop will be soft. The major portion of the corn in the Northwest is fed on the farms and only the surplus, which is a small percentage of the total, reaches the market. For- tunately, this season, an abundant amount of feed has been produced for stock in practically the entire territory. Our last reports on flax indicate a slight reduction in the threshing re- turns. Late flax shows some dam- age from recent frosts. The prices, which have strength throughout the movement of the grai parently meeting the proval of farmers. At country points, depend- ing on the freight rate, the following prices are now being paid farmers shown heavy are ap- for their grain of good or choice quality. Choice Wheat $1.15 to $1.25 per bu. Oats . .35 to 40 per bu. Barley . ++ 65 to .70 per bu. Rye 115 to 86 per bu. Flax . 1.195 to 2.15 per bu. in} SHAFER URGES N.D, BANK LAWS BE TIGHTENED Attorney - General Declares There Are Too Many Loop- Holes at Present OTHER CHANGES URGED Present System Gives Tov Much Protection to Wrong- Doer, He Says Recommendations, understood. ta be based to some extent upon in- formation obtained through the | grand jury investigation into thet Seandi n-American Bank affairs, are made by Attorney-General George Shafer, in which he partic- ularly urges that the legislature make more stringent laws relating to the conduct of banks in the state. “The recent experience in bank closings in this state has disclosed a number of weaknesses in the banking laws, and it would seem that such laws, particularly in so far relate to the conduct of should be pretty thoroughly sed and strengthened in a num- ber of instances,” says the Attorney- General, in his bienniel report. “Certain crimes, now defined by law, should be more definitely and more clearly specified, and, in many instances, more severe penalties should be provided for their vio- lation,” he continues. “The statutes defining the crimes of falsifying en- tries in bank books, making false reports to the Banking Department, manipulating the bank records, ete., should be revised and clarified. The statute regulating the character of the Icans by banking corporations to the officers and directors should be amended so as to strictly limit, if not absolutely prohibit such loans, and imposing severe penalties for the violation thereof. The present laws on that subject wre wholly in- adequate, and many state banks have come to financial grief on account thereof. Likewise, the law prohib ing the making of loans to individ- uals or corporatio ould be made more stringent in its terms, and more comprehensive in its scope.” Too Many Boards The Attorney-General, citing the many boards he is made a member of and also the many legal duties placed upon him recommends that the Attorney-General be relieved from acting on all’ boards except the pardon board. He repeats a recom- mendation of his predecessor that the legislature provide special coun- sel to handle public utility cases for the railroad commission. With the expansion of state supervision, through the board of railroad com- missioners, over public utilities, he points out, much litigation of special technical character and he adds that the ordinary prac- (Continued on page 2) JAMESTOWN YOUTH, HUNTING, FOUND DEAD IN SLOUGH; CAUSE UNKNOWN Jamestown, N. D., Sept. 22.—Lewis Gruchalla, 21, son of Leo Gruchalla of this city, was found dead in a foot and a half of water in a slough just south of Cleveland, Stutsman county, early this morning. The the: structure after the others left.| body was in a stooping position, with No one knows what caused the fire, It may have been started by smokers.| above the water and The loss is petislly covered by , in surance, $6 only the sides and part of the back the hands eh Pe ia mud and weeds at the bot- With Elmer Liebe and two young the ladies Gruchalla arrived at slough yesterday afternoon, the girls remaining in the auto while the boys waited into the slough, each going ir a different direction, When Gruch. alla did not appear at dark his com: panion went-in search. of — him. by ‘Coroner DePuy to failure or drowning. nign ! a results, A post-mortem examination will be held determine whether death was caused by heart SEEK RIGHT T0 USE HIS NAME Declare Four Republican Elec- tors Favorable to LaFoll- ette Should Be Ousted CASES UP MONDAY, 29TH Supreme Court to Inquire Into Matter Declared Vital in November Election Legal «action was instituted in the supreme court today in an endeavor to remove from the Republican col- umn on the November 4 election bale lot four of the five Republican presidential electors, who are declar- ed favorable to Robert M. LaFollette but whose names would be bracket- ed with that of President Coolidge on the ballot. The suit seeks to oust these four Republican electors, Martin Larson, J. L. Miklethun, Kristian Holl and Nels Magnuson, and substitute four avowed Coolidge supporters. The supreme court will hear the case at 2 p.m. Monday, September 29, The court issued an order to show cause, aiected against the Secretary of ‘tate, and allowed an alternative wae of quo warranto directed against the four electors, requiring them to show why their offices should not be vacated. The filing of the suits is the cul- mustion of efforts of the Coolidge rees to have the four Republican ire known favorable to Mr. Lae Follette to retire voluntarily and permit out-and-out Coolidge electors to take their places. Such action, expected in some quarters for sev- eral days, had not come today, and R. W. Frazier, chairman of the Republican state committee as con- trolled by the Nonpartisan League, said today that the issues would have to be determined in a law suit. The actions in the supreme court {are brought on the relation of At- torney-General George F. Shafer, and attorneys for the Coolidge supe porters named in the two actions are Spalding and Shure of Fargo, George A. Bangs of Grand Forks, Conmy, Young and Burnett and Divet, Holt, Frame and Thorp of Fargo. Demand Made Preceding the filing of the actions, B. F. Spalding, chairman of the Real |Republican state committee, made a demand upon Secretary of State Hall to substitute the names of W. Overson of Williston, Hugh Me- Culloch of Washburn, Riley R. Mor- jgan of Grafton and T. B. Torkelson ‘of Bowman as Republican electoral candidates for the four, out of a total of five, Republican electors de- ¢clared favorable to LaFollette. The demand was made on the ground that the four electors favorable to LaFollette had abandoned the Re- publican party and therefore had vacated their positions, The Secre- tary of State refused the request. Affidavits Filed Affidavits filed also assert that R. W. Frazier, chairman of “the alleg- ed Republican state committee” has the resignation of Miklethun, Lar- son, Magnuson and Holl in his pocket for filing, but refuses to va- cate the Republican column by file ing them. The petitions for original juris- diction by th supreme court ine cluded affidavits of George F. Sha- fer, Attorney General; B. F. Spald- ing, Harrison Garnett and John Pollock. The affidavit of Mr. Garnett, wha is Republican national committee- man, sets out that “the matters herein set forth are publici juris, and that the perogatives and sov- ereignty of the state of North Da- kota are involved, and that the plaintiff has no other speedy or ade- quate remedy at law-than by the re- lief prayed for herein, and the is suance of the writ of ‘this court as herein applied for.” (Continued on page 8) Fort Yates Indian Policeman Dies Fort Yates, Sept. 22.—Geo. Keeps Eagle, 74, for more than 30 years an Indian policeman here, one of the band of fearless Indian policemen who captured Sitting Bull down on the Grant river in 1890, passed away last Friday at his home north of town, and buried Saturday in St, Peter’s cemetery. Keeps Eagle was one of the first to act as Indian policeman after the agency was established here. With the exception of Francis Fear- less of Wakpals, he is thought to have served longer as policeman than any one of the others who w ployed as such. In this servic gained a reputation for bravery. honesty. In civil life, as well, he earned the respect and admiration of the many who knew him. NABED | CONSTRUCTION , ENGINEER 2B Oneit, who. has been asnist- ant construction engineer for the state highway commission, ‘kas. been named construction engineer, ‘sac- ceeding F, zene, resigned. accept ‘an ing , position’ South -Amertca,. : 15H