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eae a i bi . Aoaned money to North Dakota banks | y this is done, Mr. Baird said. Temperature at 7 a, m. WEATHER FORECAST Fair tonight and Tuesday. AGlightly colder tonight. ESTABLISHED 1873 ee ———————————————eeeEeEeEeEeeEeEeee— THE BISMARCK TRIBUNE! BIS. sMARCK, NORTH DAKOTA, MONDAY, N' VEMBER | 17, 1924 FINAL EDITION PRICE FIVE CEN’ RANCHERS ‘STEAL’ CITY WATERSUPPLY HOOVER TELLS |H. P, BECKWITH -WAR FINANCE ALSO TO GIVE BACK OVERPLUS win Return to North Dakota Closed Banks Excess on Foreclosed Notes “BANKS MATERIALLY GAIN Added Honey: | For Closed Banks With Which to Pay Depositors Is Seen The War Finance Corporation has agreed to return to North Dakota closed banks all collateral “‘over- plus” in the same manner as larg: financial institutions of the Twin| Cities, and as a result closed bank | depositors will materially gain, it} was announced today by L. R. Baird, | general receiver of closed banks. © { Under the agreement, in where the War Finance Corporation and they were unable to repay, and the corporation forecloses on the col- lateral security placed with it, the War Finance Corporation will return to the closed banks alt money in ex- cess of the actual amount needed to pay the loan and collections, accord- ing to Mr. Baird, The same agreement, reached with large financial institutions of the Twin Cities weeks ago, is already sresulting in the return of money for “the benefit of depositors of closed banks, Mr. Baird said. At the time the agreement with private institu- tions was announced by G. Severtson of Bismarck and C. B. Me- Millan of Hannah, for the Depositors “Guaranty Fund Commission, it was stated that negotiations were pro- ceeding with the War Finance Cor- poration. The Minneapolis office had agreed to the proposal in principle but said it was necessary to get au- thority from the War Finance Cor- poration at Washington. The War Finance Corporation, ac- cording to Mr. Baird, is the largest single creditor of closed North Da- kota banks. Many banks, during the emergency of the last three years, borrowed money from the War Fin- ance Corporation, giving individuals’ notes of various kinds for security, «sometimes in the ratio of two to one.} With good crops making the notes! good, there will be more than enough! ; realized from their sale or payment: to take up the loans, and the excess will be returned to North Dakota.’ Some “overplus” already has been returned from private institutions, | Mr. Baird said. State officials greeted the an-| nouncement of the War Finance Cor-+ poration with enthusiasm, believing that the closed banks will gain mater- ially. In cases where the collateral is overdue but no foreclosed, and there is sufficient money on hand in the closed banks to redeem the collateral, MRS. MORGAN, ‘ AGED 82, DIES Widow of Late Financier Succumbs at Home Highland Falls, N. Y., Nov, 47.— Mrs, Frances F. Morgan, widow of J. P. Pierpont Morgan, died at her home here last night. Mrs, Morgan, who was 82 years old, suffered a stroke 10 days ago, folane by pneumonia. She had een unconscious for four days. Ef- forts were made to prolong her life, until the arrival of her son, J. P. Morgan, from a European trip. He is expected t6 reach New York on Friday. Arrangements for the fun- eral be held in abeyance until his arrival. Mrs. Morgan also is survived by three daughters, Miss Anne Morgan, Mrs. Juliet Hamilton and Mrs. Hu- bert L. Satterlee, all of whom have been at their mother's bedside for a week, . ——__-—___ + | Weather Report | ————_*+ ——————— For 24 hours ending at noon. 39 Highest yesterday . 54 Lowest yesterday 228 Lowest last night . 36 Precipitation ... 0 Highest wind velocity 24 WEATHER FOR! For Bismarck and vicinity: Fair tonight and Tuesday. er tonight. For North Dakota: and Tuesday. south portion. WEATHER CONDITIONS A low pressure area is centered over the upper Mississippi Valley and warm weather prevails from the Dakotas eastward to the western Great Lakes region. A large high ‘pressure area, accompanied by slight- ly colder weather, covers the Rocky Mountain region. Scattered precipi- tation occurred along the Pacific coast and in the Canadian Provinces, while elsewhere the weather is gen- erally fair. Slightly cold- Fair tonight Slightly colder tonight ORRIS W. ROBERTS, Meteorologist. U. S. BEAUTY SUES VISCOUN Most recent photo of the lovely Vi Rush, Americal gir], who is CITIZENS MAY MAKE ARRESTS Voluntarily Statements Valid Evidence, Court Finds Voluntary statements of persons {to the efféct*that they are violating the liquor laws may be used against them, the supreme court held today in the case in which G. W. Shank, | convicted in Minot of unlawful trans | portation of liquor, appealed to the ; Supreme court. “A person who is driving in this state and who voluntarily states to others that such auto contains a large quantity of intoxicating liquor, thereby admits that he is then en- gaged in the commission of a public offense and he may be lawfully ar- rested by persons even though they are not peace offi and where such statement is voluntarily made before the arrest and liquor found in the automobile upon the arre are not rendered inadmissible in evi dence by sections 13 and 18 of the Constitution of this state,” the court, in an opinion by Justice Christian- son, said, Shank was arrested in 192 F. G. Upton and another man named Red-| lin searching his car after they had engaged him in conversation and he told of the liquor dealings, the opin- ion recites. Upton, it was alleged, had no written appointment as a de- puty of the state license department. Shank claimed ‘his constitutional rights were invaded. His conviction was affirmed. BRAKES FAIL, ing the vi OF BUSINESS IMPROVEMENT German Situation, Indus- try Feature Year ‘POINTS TO ' Complete Recovery ness Is Said to Have Been Made in U. S. formesiy Peggy vorce in London. countess Dun sfc count for ¢ FILM STAR IN CRASH Jay Warren n, film star, narrowly ¢ possible serious injury here sterday when a motor car he w ng in broke # front a Chicago, Nov caped y dri was thrown on a sidewalk. MANY. ATTEND armers Drive Long Dis- tance to Get Pointers the standpoint of exhibits and the number of farmers and other people visiting the show, it was declared to- day by A. F. Bradley, secretary. It was estimated that 1,000 farmers vis- ited the show, in addition to two or three thousand. town people, many farmers coming long distances to see the corn and get pointers to aid them in developing corn growing in this section of the state, The attendance far exceeded that of last year, and it was declared by experts that the exhibits were bet- ter. Workmen today were dismantling the show. Plans will be made to preserve exhibits and some will be sent to the International Hay and Grain Show at Chica ea: CONTEST TALK DRIVER DIES Beach, N. D., Nov. 17,—Williain Rathbun, 24 years old, and residing near Westerheim, met death alone in a draw five or six miles north of Sentinel Butte early Monday morning, having Been pinned under his car, which had gone over into a ditch. ‘Little is known as to the cause of the accident, but from the appearance of the roadway his car must ‘have stalled at the top of the hill and backing down, with brakes filing to work, went over a 20-foot embankment, undoubtedly killing its occupant instantly or nearly so. The ident is supposed to have _oc- curred between three and four o'clock in the morning, as about the fermer hour he stopped at a neigh- bor’s to get some gas on his way to’ town. STUDENTS HURT IN AUTO CRASH Toledo, Nov. 17.—One University of Michigan student may die and two others are seriously injured as a re- sult of an automobile accident 15 miles northwest of Toledo. The stu- dents were on their way to the Ohio State-Michigan football game at Col- umbus, Alec W. Whitley, 22, of Detroit, is in a*hospital where it is reported he is suffering from a fractured skull, internal injuries and several bruises, Hospital doctors hold little hope for bis recovery. The car in which the boys were riding plunged into a ditch and turn- ed over twice when Whitley, the driver, endeavored to avoid, hitting an automobile, IS LAGGING No Concrete Action Yet Taken in Senate Fight The Nonpartisan League state exe- cutive committee has no meeting planned in the near future and is without information concerning talk- ed 6t contests of seats won by Inde- pendents for State Senator in Grant county and Wells county, according to 8. S. McDonald, a member. E. J. Pepke, League campaign man- ager, has closed his office and return- ed to his home in Minot with his task of piloting the League in the cam- paign finished. It hag been reported in Nonparti- sun circles that contests were sug; gested both in Grant and Wells counties, in an effort to win control of the state senate, No conerete ac- tion has been forthcoming thus far to support the rumors. Legislator’s Grave Decorated Minot, N. D., Nov. 17.—Through the efforts of Lieut, Gov. Frank H. Hyland of Devils Lake, members of the last senate body of North Da- kota have subscribed 'to a fund to give perpetual care to the grave of the late Senator Bert F. Baker of Glenburn, in Rosehill cemetery, Minot, and for floral tributes for the late Senator Thorson of Grand Forks, both of whom have died since The cactus was imported from Mexico into Europe in 1700, the senate adjourned sine die in March, 1923, ss N.D. CORN SHOW! = The second annual North Dakota} Corn Show, which concluded here Saturday night, was a success from “ Washington, No 7.—-The ad- vance in agricultural products pric the beginning of sound policies in 'German reparations and the recov- ery of American industry, aside |from Agriculture, were character- ized as three of the oustanding fea- tures of the last fiscal year, in a ireview of business conditions made public today by Secretary Hoover. While there slackening in activity jin some lines during the latter part of the fiscal year, the report said, ‘there has since been a complete re- covery. jeulture,” the Secretary said, “is fur- | jther marked by the fact that whole- sale prices, while in a large part due to general world economic re- adjustment and tof settlement of European economic conflicts, has been favored to some degree by lo- cal and special causes, such as the decrease in corn crop and the’ fact of 1923 swung over to a sub-normal crop of 1924.” ecretary Hoover declared trans- slightly were adequate in every way for the first time since long before the war. SAYS DANGER TO SCHOOLS IN STATEAVERTED College Glad Tax Bill Was Defeated Valley City, North Dakota Education through its president, C. E. Allen, head of the State Teachers College, Valley City, Saturday thanked North | Dakota voters for their support in N. D., Nov. November 4 election. The bill would force a cut of 25 per cent in taxes and, in the opinion of the associa- tion, “seriously endanger North Da- kota public schools.” “Unofficial reports of the vote on the initiated tax law indicate its de- is safe to assume that anvass wil) confirm these reports,” Mr. Allen's statement said. “On behalf of the North Da- kota Education Association, which as an organization was opposed to this measure and did what it could to secure its defeat. I wish to con- gratulate the voters on their suc- cessful opposition to the proposed law. Friends of public education have a right to rejoice in his latest evidence that the people of North Dakota are loyal to their public Schools and will not knowingly per- mit them to be seriodsly crippled. officers and upon all who in any way control- educational expenditures the duty of economical administration, reduction of expenses wherever a reduction can be made without set ious injury to the schools, and the greatest possible business efficiency in the management of educational affairs, Defeat of the measure means that economies are to be ef- fected by friends of education wherever further economies are pos- sible and that boards which have already reduced expenditures to the lowest point compatible with good schools will not be penalized, as they would have been, had the meas- ure carried. “The North Dakota Education As- sociation has stood for economy and business efficiency in education, and it will continue to urge the greatest care and the wisest economy in the expenditure of money for public ed- ucation.” Free licenses to brew beer are held by 5496 persons in Great Britain. ~~. portation facilities for the past year! lisesi Allen of Teachers the fight against the initiated’ tax jbill, which on the basis of unoffi- reial returns, was defeated in the | REASON; WAS HEAD OF FARGO BANKER IS INDICTED Agricultural Products Prices,| Charged by Many Counts in Bill Returned by Federal Grand Jury There BANK in Busi- Left Northern National Bank and It Was Taken Over By Another Bank Fargo, Nov. 17.—H. P. Beckwith, {of Fargo, former president of the “The increasing stability in agri-jbank funds, | “This recent vote lays upon school |Was kidnaped and killed and | months that the abnormal world wheat crop | defunct Northern National Bank, was arrested today under indictment returned by the federal grand jury that adjourned late Saturday. Beckwith, arraigned this morning before Judge Andrew Miller of the United States District Court, was re- quired to furnish $15,000 bail and was to appear this afternoon to for- mally answer charges contained in an indictment that recites 29 speci- fie count: Embezzlement, misapplication of false entries and the making of false statements of the bank's condition, are covered in the bills returned against Beckwith, whose alleged illegal operations, it charged, total approximately $50,- 000. It wi the disclosure of the ir- regularities within the bank several ago that caused the dissolu- the institution and the sale tion of of its assets to the Security Na- tional Bank of Fargo, which bank also assumed liabilities to depositors of the Northern National with the were no losses stockholders of result that there other than those of jthe Northern National. The counts against Beckwith are detailed in a 70-page indictment that was filed with the U. S, clerk to- day ‘The various counts cover sev- eral angles of 10 to 12 specific transactions, one or more criminal charges growing out of euch trans- action FOUND DEAD IN RAIN BARREL Minneapol Spellman, 2 found dead ed into a ov. Elliot Avenue, was unday, his head plung- in barrel outside the Minneapolis Railway Transfer com- pany’s office, Eleventh avenue south and Second street. as found in the barrel by passersby and was taken to the j county morgu en, deputy. coroner, said death probably due to sui- cide by drowning. He is survived by a son, Thomas Spellman, 517 Bighth street south- cast, who told Dr. Widen that he knew of no reason for his father committing suicide and declared he thought the death was accidental. ‘The father had worked for the trans- fer company for 25 years. He was 52 years old. [BANK ROBBER BROUGHT DOWN St. Louis, Nov. 17.—One of seven |men who held up Eagle Park road- house north of East St. Louis to- day was fatally shot, one employe two other employes were wounded. The robbers took about $1,600 from the cash register. Services Held — For Nels White Funeral services for Nels White, for a quarter of w century a resident of Bismarck, were held Sunday afternoon from the Perry Undertaking parlors. Burial was in St. Mary's. Pull-bearers were Frank Reimer, Patric Kelly, Bert Jenkins, FAT MEN v STAND HEAT Pittsburg, Nov. fut men stand the heat better nee lean ones, the Bureau of Mines has discovered, through experiments in a specially constructed chamber here. The fat men, the bureau found, lost more weight when subjeced to uncomfort- ably hot temperatures, but they were less exhausted when they were re- lieved. GREAT WORLD SHORTAGE OF GRAIN FOR BREAD REPORTED BY INSTITUTE Ottawa, Canada, ‘Nov. 17.—The world this year faces an esti- mated grain bread shortage of 574,000,000 bushels, 401,000,000 of wheat and 173,000,000 of rye, it is estimated by T. K. Doherty, commissioner of the internation- al institute of agriculture at Rome. The estimate is based on of- ficial returns to the institute’ from ‘all important countries of the world, with the exception of Russia, Mr. Doherty said. - Recent forecasts of European requirements have ranged from 600,000,000 to 650,000,000 bushels of wheat, he asserted. He esti- mated that the bread grain shortage in Europe, as com- pared to bread production and consumption last year would be 340,000,000 bushels, divided 172.5 milion bushels of wheat and 167,5. million bushels of rye. 17.—Martin} | Martin Hagen, manager. FOUR HUNDRED ARRESTED SUNDAY IN CHICAGO POLICE DRIVE ON GANGSTERS Line of 200 People Looks Them Over, in an Effort to Determine Known Criminals Among Them—Many Gangsters Have Chicago, Nov. 17.—Police yester- arrested a total of 400 men, the It of Mayor Dever’s order to rid da: the city of gangsters, gunmen and criminals. The prisoners were held, while ubout 200 persons, men and women, looked them over in an ef- fort to icomify robbers and other criminals. But the drive which ne ted the police the grou } harboring che nore infl bers of Chica, gangs 8 ought Cover, Police Find » Mayor has ordered tte uelice to redouble their efforts in “clean- ing up the city.” Xnown haunts of the underworld, formerly frequented by those men most sought, now vir- tually are desserted, the police find- ing drive difficult result of unrest among gangsters whieh brought about the “clean up” orders following the slaying here of Dion O'’Bannion, gang leader and florist. Lieutenants of the slain man have threatened reprisals, the police said. as a HAIL LOSSES BEING PAID arrants for hail losses now arc being sent out by the state hail in- | surance department, according to Warrants | totalling $110,518.24 have heen sent to persons having sustained losses in 12 counties, The warrants are: to be paid in cash. EXTRAPENALTY BY RISK BODY HELD INVALID Court Rules Employer Has! the Right of a Judicial Review Guaranteed i LA VALID: HELD The supreme court, in an opinion,! finds unconstitutional that portion of the North Dakota laws which provides that a 50 percent penalty a i employer who fails to pay award made by the Bureau wi days, in cases in which the employer had not insured with the Bureau. The court rendered its decision in the case of A. J. Dushek against T, Wat- land and others, doing business as’ the Independent Grain Company, the: case being appealed” from Benson county. The district court judgment was modified and affirmed. 1 Dushek was injured while, he jclaimed, he was employed by the ‘grain company, which had not com- plied with the law and taken out in- surance with the state bureau. In such cases, the law provides that the| \ Bureau may be asked by the employe to fix the amount of compensation, and if the employer fails to pay the compensation within 10 days 50 per- cent of the award shall be added. Dushek was awarded $2,543.00, and the company failing to pay within 10 days, was ordered to pay 50 percent additional, and interest. The grain company, in the case, contended that Dushek was not an jemploye but in all respects except as to the penalty the decision of the dis- trict court was affirmed. The grain company contended that section 11 of the Workmen's Com- pensation Law providing for the im- position of the 50 percent penalty was in violation of the constitutional guarantees of due process and equal protection under the law. The court held that while an employer was granted review by court, the effect of the 10-day rule was that he would be penalized 50 percent if the court decisions were adverse. Courts View “In our opinion,” the court said in a decision written by Justice Christ- ianson, “the provision as so con- strued is in effect a denial of that right to judicial review to which an employer is entitled under our con- stitution.” “The award of the Compensation Bureau against a non-complying em- ployer is not final or conclusive upon the fundamental or jurisdictional questions involved in the award; but such questions are subject to judicial review; and, in an action to enforce the award the defendant employer may assert as a defense any fact tending to show that the alleged in- juries for which the award was made were not subject to the operation of the Workmen's Compensation Act, and hence, that the claim was not within the jurisdiction of the Com- pensation Bureau,” the court held, and continued: “The legislature may not indireet- ly deprive a party of due process or equal protection of the laws by im- posing such conditions upon the right to appeal to the courts as to intimidate the person affected from exercising such right; and where the findings of an administrative bur- eau, as to matters concerning which a party affected is constitutionally entitled to an opportunity of judicial review, are made subject to such re- view only on the condition that if the party is unsuccessful in the courts he shall pay a large penalty, there is not afforded that opportunity of judicial review guaranteed by the constitution.” “DINNER RAFFLES London, Nov. 17.—Penny raffles for Sunday dinners are the vogue in some London week-end markets, Chickens and side dishes are the lure that have drawn even some Prominent society women and their maids to the market places. te nee erm j United State: PUBLICITY ON INCOME TAX IS- TO BE FOUGHT United States Chamber of Commerce Makes Public Its Views on Matter BARKLEY AGAINST BILL Held Long Step “Backward in The Regulation of Rail- ways in U. S. Washington, *Nov., 17.-Immediate | repeal of the law permitting publica- tion of income tax returns and es- tablishment of a tax commission to simplify tax regulations was: urged by the Chamber of Commerce of the in a statement out- lining its position on national econ- omic questions presented to Pri dent Coolidge. The chamber also asked for exten- n of the budget system, a continu- ation of the principles embodied in the railroad labor board, establish- ment of an immigration commission to recommend and administer tegisla- tion and the development of water- Publication of income tax returns, the statement declared, “violates the good faith which the government owes to its citizens, to protect them in their private affairs Protests Barkley Bill The Howell-Barkley hill, proposing abolishment of the railroad labor board, was assailed as a “long step backwards.” “Without assuming to pretend that the present construction or compos ! tion of the railroad labor board is in all respects perfect,” the statement declared, “the chamber finds that the principles embodied in the labor pro- visions of the transportation act es- tablishing the board are sound. So as to permit the activities its advocates in trade associations, the chamber said it would appeal to Con- gress for minor amendments to the Sherman act. It pointed out that in order to vis- ualize before the public as well as the government the dctual business sta- tus of trade associations the mem- bership of the chamber, through a referendum vote, had made the fol- lowing recommendations: Need Statistics “Statistics of capacity, production, stock and sales, and statistics of ac- tual prices in closed transactions, should be collected b; trade a: ciation for its industry or branch of commerce. “Such statistics should be distri- buted without any comment orsinter- pretation which could induce or faci- litate concerted action on the part of members, “The statistics should be inade as available by a trade association to the public and government agencies as to the members of the associa- tion.” On the merchant marine question the chamber committed itself to poi- icies of sub mail subvention, pri- vate as against government owner- ship and operation and most strong- ly against government operation in competition with private operation which depresses private investment and initiative in this important field.” The chamber proposed in connec- tion with the development of inland waterway that Congress be asked to detail United States army engineers to make “a comprehensive survey of the water ways of the country as a whole in their relation to other transportation agencies, and to re- commend a definite plan and sche- dule of priorities for water way de- velopment.” Suggestion that the executive bud- get should cover the entire financial program of the executive for the fis- cul year so that the public might un- der stand the President's program and what it would cost to carry it out was made. ENGROSSING CONTRACT LET Contract for enrolling and en- grossing of bills in the forthcoming session of the legislature was let by the state printing commission to P. E. Byrne of Bismarck, at 6 cents for engrossing and 20 cents for enrolling. Other“bidders were A. J. Arnot and Miss Ruby Shuman. LOS ANGELES ACQUEDUCT IS HELD BY THEM Divert Water From Flowing To City Into Owens River, Claiming Right MOB MANS. THE GATES Angry Ranchers Declare They Will Hold Water Supply Until City Settles Alabama Waste Gates, Los An- geles, Acquoluct, Inyo county, California, Nov. 17.—Twenty-five Owens valley citizen raiders held the Los Angeles canal waste kate here open during the night, spilling the intake supply to the Los Angeles water system into the Owens river. There were no untoward incidents during the night, the raiders having held full sway since the party seized the gates yesterday, according to Frank Lasky, gate keeper. Bishop, California, Nov. 17.—What started out as a water stealing raid on the Los Angeles acqueduct near Lone Pine, south of here, today had settled down into an organized occupation of the Ala- bama waste gates by a small army of Owens Valley men determined to keep the water of the acqueduct flowing out through the spillway until the city of Los Angeles set- tles its long-standing water feud with valley ranches in a manner acceptable to them. The waste gates were captured carly yesterday by a raiding party which arrived in automobiles, brush- ide the city employes on guard, opened the gat and then after having diverted Los Angeles’ chief source of water supply into the near- by Owens river defied the Acqueduct authorities and the sheriff to drive them out. yesterday Must Settle To Sheriff Collins the raiders an- nounced they would hold the gates open until a “committee” comes up from Los Angeles “and settles things with us” and, according to Harry Glasscock, editor of the Owens Val- ley Herald and spokesman for the ranchers, this ultimatum will be backed by the organized efforts of several hundred men and women. The 60 men left on guard at the waste gates last night will be re- lieved by others today, Glasscock told the Associated Press, and there- lafter for us long as may be neces- sary the guard will be maintained by relieving its personnel with fresh men every 24 hours. Should 60 men not be enough, the force will be in- creased, he said. a hundred men held the the Acqueduct guards, Glasscock said, will be prepared by a corps of women in Bishop and sent to the waste gates, 50 miles away, by motor truck. Two trucks of food and supplies went south last night and others were scheduled to leave here early today. Pictures Taken Motion pictures of yesterday’s |raids, in which from 60 to 100 men participated, were taken by a Holly- wood film company which happened to be on location near Lone Pine and will be thrown on the screen for the information of Los Angeles cinema audiences today or tomor- row. No effort had been made by city yes to eject the raiders up to hour today and Eino coun- ty authorities were restraining from any further action pending the out- come of an appeal for state troops sent to Gov W. Richardson yes- terday by Sheriff Collins, Sheriff Collins’ appeal urged the immediate use of troops as the only way of dispersing the raiders without blood- shed. ASSESSORS TO HOLD MEET Jamestown, D., Nov. 17.—The North Dakota State Assessors’ asso- ciation will hold a meeting in Jamestown, December 2 and 3 for the purpose of trying to arrive at a uniform method of classification of buildings and secure uniformity of according to word received H. Mattingly, president of sociation. Robert Green, Jr nd Forks, secretary of the association is now sending out no- tices of the meeting to all assessors in the city. Mr. Green said ‘Friday that the assessors are seeking to employ the same system of arriving at property valuation in all sections of the state. He said if the meeting is successful, the assessors will prob- ably make a recommendation to the state Tepte lature for a new system. Quake Dead Nov Now Put At 510 Batavia, Java, Nov. 17—The num- ber of persons killed in last Wed- nesdi earthquake now is official- ly estimated at 510. A dozen vil- lages were destroyed. The earth is still trembling.