The Bismarck Tribune Newspaper, January 27, 1925, Page 1

» Be sina fe: WEATHER FORECAST Unsettled tonight and Wednes- day. Colder Wednesi ESTABLISHED 1873 VOTE NEAR ON CHILD LABOR MEASURE FIVE BURN TO ‘DEATH AS HOME IS DESTROYED Three Persons Escape From Building with Their Lives During the Fire RESCUE EFFORT FAILS One Falls Back Into Flames When Hold on Legs of Another Is Lost Barnum, Minn., Jan. 27.—(By the A. P.)—Five persons burned to death near here early today when the farm home of Mrs. John Gerard was de- stroyed by fire, and three persons escaped from the building ery their lives: The dead: Mrs. John Gerald, a widow, Her two children, Ruth, 14; Rus- sell,.12, Two grandchildren, the children of Mrs. Arthur Walberg, who were visiting their grandmother, Esther Walberg, three, and Arthur, one, year ol Mrs, Gerard, 45, lived in a seven- room frame house, nine miles south- cast of here. Her husband died three months ago. They had lived here about eight years, moving here from ‘Holyoke, Minnesota, Mrs. Walberg was not at her moth- er’s home when thé fire occurred, be- ing in Duluth for medical treat- ment. The survivors of the tragedy are at the home of Earl Newcomb, across the road from the smoking ruins of their own home. The fire started at 3 a. m. from an unknown cause but is believed to have been started by an overheated Btove. Dr, Franklin Raiter, Carlton coun- ty coroner, announced he will hold an inquest this afternoon. RECOGNITION OF RUSSIA IS ASKED SOLONS Representative Reputed Communist Places Measure Before the House a Recognition of Soviet Russia by the United States’ was urged in a resolution introduced in the state house of representatives this after- noon by Representative A. C. Miller of Williston. Rep. Miller is listed as a Nonpartisan, but his election was claimed’ by the organ of the Workers Party as a victory for the Communists, The resolution would memoralize the Congress of the United States to recognize Soviet Russia, declaring that “The Russian Soviet Govern- ment has withstood, for a period of seven years all attacks against it from enemies within its own boun- daries as well as from a world of outside governments, hostile’to it and for sometime carrying on urmed onsloughts, demonstrating by’ ‘its successful resistance, that it has the support of the Russian farmers and workers.” The resolution ‘asserted that Soviet Russia offers ani attract ive market for American goods. The measure provides that, “in the name of friendship with all nations and for mutual economic benefits, declares itself in, favor of recogni- tion of Soviet Russia, for the estab- lishnient of full diplomatic and com- mercial relations.” The resolution went over for the day without consideration. SUN YAT SEN REPORTEDDEAD Tokio, Jan. 27.—Dr. Sun Yat Sen, one of China’s most noted poli- tical leaders, is dead at Pekfhg, ac- cording to a dispatch received here this afternoon by the Japanese semi- official news agency. MANY CATTLE ARE DROWNED Savannah, Ga., Jan. 27.—Thousands of head of, livestock were drowned, hhundreds of some inundated and property damage which is believed will ran into thousands of dollars ‘was caused by the fleod waters of the Altamah river, which started to leave its banks Igst Friday. The crest df the flood was expected to be reached today. No deaths have been. reported. Tron staircases. in the. library of the! British Museum recently “King of Ivories,” Radio Entertainer, Released From Prison : = se — — = wast ceeen| Photograph of Harry M. Snodgrass, convict of the Missouri | the THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, TUESDAY, JANUARY 27, 1925 : PROBE HEARING FAILS TO GIVE ANY SENSATION State Affairs Committee of House Discusses the Highway Situation QUESTIONS ANSWERED Hearing Develops Chiefly Into Explanation Meeting By State Officials ‘The House this afternoon vot- ed 57 to 54 with two absent, to accept the majority report of the State Affairs Committee, recommending that a special committee of five be named, to conduct an investigation of the ; State Highway Commission. DIVIDED REPORT The state affairs committee of the house decided, after a leng- Photos from Underwood & Underwood state penitentiary, who gained nation wis fame as the “King of the Ivories,” by his pino playing from state rad ffer- thy executive session, to bring son City, has left the prison with a well-filled purse. Offi of ‘the radio s udio fans} in a divided report on the res- in all parts of the country hi sent the convict-musician over $1,500 and s still coming. Snod-] | olution for investigation of ‘the grass recently won a nation-wide contest as the mst popular radio entert He says he will give|’ Highway Commission, with ‘the all the money he receives from radio fans to his wife and eight year old boy, “to try and repay them| Nonpartisan majority favoring for all the hardships they have gone thru since I got into trouble.” Snodgrass was sent to the prison estigation and the minority from St. Louis in June, 1923, to serve three years upon conviction of taking part in an attemptec! holdup. | opposed to action at this time. BILL FOR SALE OF CIGARETTES IS UP TODAY Final Passage of Measure Licensing Their Sale Is Expected in Senate PROGRESS MADE ‘| Proponents of Measure Ad- vance Step Toward Victory in State Senate Advocates of the licensed sale of cigarettes in North Dakota made material progress in their campaign late yesterday when the North Da- kota senate accepted a report by ajority of its state affairs committee which recommended {c passage Senate Bill 62 which pro- vides for the licensing of the sale of the “pill A companion measure, providime| penalties for the sale of cigarettes to minors will probably be reported for passage by the committce to- day, and the final vote on the bill reported is expected to be taken by the senate late today. Along withsthe majority report of the state affairs committee recom- mending the passage of the license bill was a ‘minority report signed wby Senators Miklethun and Babcock urging the indefinite postponement of the measure. Senator Miklethun were | moved the adoption of this minorit: Teport but on a roll call vote hi motion was voted down 33 to 10 with six senators absent or not voting. The majority report, recommending the passage of the bill as amended by| the committee was then adopted withoyt w roll call. Vote On Motion The roll call on Senator Mikle- thun’s motion for indefinite post- Pponement of the bill was as follo For indefinite postponement: Bab- cock, Bakken, Bond, Hjelmstad, Kal- dor, Magnuson, Marshall, McCrory, Miklethan, Olson’ of Barnes. Against. indefinite postponement: Atkins, Baird, Eastgate, Ettestad, Frederickson, Hamilton, Hart,’ Inger- son, Lynch, Martin, McCoy, McLach- lin, Murphy, Olson of Burleigh; Ol- son of Eddy and Foster, Page, Path- man, Patten, Patterson, Peck, Ploy- har, Porter, Ritchie, Rusch, Schlos- ser, Seamonds, Steel, Stevens, Tofs- rud, VanCamp, Whitman, Whitmer, |™ Wog. Absent or not - voting: Benson, Fleckten, Kretschmar, Carey, Stor- stad, Ward. The chief amendment made to the bill by the state affairs committee is that the closing by injunction of establishments “bootlegging” ciga- rettes is made mandatory, instead of discretionary as under the original draft of the bill. The committee is also having some difficulty in agreeing as to the pro- visions of the bill which call for the punishment of minors found smoking cigarettes, and of those who permit such.minors to smoke on _ their premises. The idea of making a minor a criminal if he smokes a.cig- arétte is being ‘strongly opposed by several of the members of the com- mittee, * In voting against recommendation for passage of the bill Senator Bond, of Ward county explained that he did so merely because he was op- posed to’ taking, treated to a coat of rust to make] penalizing sales to minors, had been slippery, acted” open, er trove seco read’ six 108 ing fies.’ SENATE STILL CONSIDERING POSTAL BILL vision si ‘nment In ate ashington! Je eee hel No charges of graft or incompe- F Sst inh eee geaeh tency were directly made against the ing'to be supplanted by white Ganmiscionvanathoukedrs Serie nee Oa Ae Wwoyern; ing developed chiefly into requests be etal Sie eo eee by members of the committee to economy measures .undertaken through standardization of gov- supplies. ing this eee ae ———= : ‘The state affairs committee, under string’ for _wra anil’ nee Baad Pai CGE eareneiel HOLD TO KEEP PEACE) decision last week, was to hold its a bad psychological effect. on | eee meeting to decide whether or not Hi ; ‘ ane it would report favorably a resolu- procedure in some government Herrin, Ill, Jan, 27.--Secreey to-|! ; ‘i offices. : ge day shrouded plans for the holding SoH before jt for appointment of x “I hope,” the General added, fof an inquest into the deaths of $.{ committe of five to investigate the MCniGiaHae Ober siGHIEeant nn Yount, Ka Klux Klan dry |alairs of the Highway Commission. elimination from the federal ", and Ora Thomas, deputy McCay Speaks service of what red tape signi- |sheriff, and two onlookers in Her-] Representative McCay, co-author Controversial Section of Re-}buried in the family vision of Second Class Matter Before It Washington, ersial si or second ¢ nd zon ing mai cents a fifth and sixth cents a pound in the seventh and eighth zones. d rates are less than recom- led by today Jan, 2' erate on matter in publications. “The Senate reached the zone re- ion after approving yes- terday a uniform rate of one and one-quarter cents a pound on read- ing matter in publications. reduction pound in present rates applicable to in general publica- tions and the same rate now allow- ed to religious, educational and phil- anthropie publications. . The revised zone rates would ap- ply a rate of three cents a pound on the first, second and third zones; of one-fourth tter pound in the zones and Although th the postoffice er cavicaliatoenanen tata catnnte proposing to pare down the bill’s rates, particularly the in- crease in the first two zones, Burleigh Co. Senator Hits Bank Measure The present Senate bill limiting the rate of interest banks may pay to four percent and the rate they may charge toeight percent is opposed by Senator Obert A. Qls: njarek, one of two Senators ‘elected with League endorsement, against the immediate consideration of 4 committee report on the imea- sure, in the state senate yesterday afternoon. “I have talked to both bankers and farmers ,who believe sych a measure would be unwise at this time,” Mr, making the, rates five and nine per-| photographed by a scientific expedi- so hall Olson, “I. would: favor RED TAPE TO BE REPLACED BY DIRECTOR announcements, Brigadier-General Lord, director of the ‘budget, explained that red The tion proposing revision ss zone rates wa: fore the Senate today in continuing consideration of the postal pay and rate increase bill. While allowing, advertising The invitation of the ‘state affairs committee of the house of represen- tatives to all persons having charges to make against the State Highway Commission to appear at a public hearing this morning and air them led to produce any sensation. KEEP SECRECY IN PLAN FOR te Engineer W. G. Black and as- sistants for explanations on various d reports, and also into a discussion relative to the value of federal aid roads us compared to locally built projec Inquest Into the Deaths of S. Glenn Young and Others To Be Held Today of the investigation resolution, was the fi speaker, ing that he was 's most recent troubles Saturday night when the two met in the lobby of a local hotel and ended their] informed by newspapers in Sioux grudge in a fusillade of shots. county that the Highway Commission Beyond stating that the inquest| had paid $2,600 for survey of 34 would be held today, the coroner, Miles of road in Sioux county, not including setting of grade stakes. W. had nothing to say. G. Black, chief engineer of the com- Meanwhile preparations were be- ing made for the burial of Young | mission, answered that the cost per and Thomas. Thomas will be buried | mile was $60, and that it was so pro- this afternoon while the body of|Vided in a resolution of the board of county commissioners of Sioux county, which paid for the work. He said that 90 percent of the cost of the road was bing met by the feder- al government, since it was through Indian land, Black asserted that be- fore his administration was in power the surveying cost was set at $85 a mile, Rep. McCay also brought up re- ports. of complaint of the price of @ contract on a project near New England. The engineers said the | Young will lie in state until Thurs- day afternoon, when it will be placed in a tomb he had only re- cently constructed. Thomas will be plot in the other end of the same cemetery. Edward Forbes and Homer Warn- er, Klan sympathizers, killed with their reputed leader, were buried yesterday. r R. W. Davis, in command of the militia sent here after Satur- day’s outbreak, announced no dem- con- be- onstrations would “be permitted in| contractor had sub-let a contract for connection with the funerals moving earth, O. A. Brown, member Versions of the shootings were] of the Highway Commission, com- becoming more standardized today,] plained vigorously of the way the by regrouping the present eight! hut they still could be divided into} sub-contractor was handling the jzones into three, some decreases /two main groups—those related by | however, proved te be mote. severe from present rates in ‘the far zones,| Young's friends and those related (Gentinuad on pane l4) the bill proposes a one cent a pound jy friends of Thomas. Li jincrease in the present first and| The main points of difference were as to whether Young or Thom- as fired the first shot. Although quict prevailed in Her- rin and the entire county, support- ers of both men were silent on the future peace. Chief of Police John Walker and Sheriff George Galligan that peace was possible “if fools both sides would keep their heads and put their guns away.” Others Jess closely interested were of the opinion that the deaths of Young and Thomas, face to face, would result in an end to the tur- CITIZENS OF MANDAN HUNT FOR LOST GIRL GIRL FOUND Rosie Kosch was’ found early thie afternon, partly frozen, on the ice near the State Training This is cent a moil. School. It is thought that she, fourth,| Testifying today at the inquest of| being unaccustomed to go home eight |the deaths of S. Glenn Young, Ku| from school alone. lost her way and wandered about until cold and fatigue caused her to lie down upon the ice, where she was found. She was unable to talk. Klux Klan liquor raider, Sheriff Ora Thomas, Young’s _arch-enémy, and two others, Henry Peterson, told the coroner’s jury that he saw Thomas fire the first shot in the fatal af- fray Saturday night. night. RAIL WORKER IS KILLED Grand Forks, Jan. 27—Kd Lindy, railroad workers, was killed early this morning when he fell from a refrigerator car. His neck was. bro- ken when he was found and it is‘be- lieved he died instantly. Lindy's family does not live in this city. e pro- depart- Mandan, N. D., Jan. 27—City po- lice, sheriff deputies, railroad police and dozens of men_ following, a search which started at 6 o'clock Monday evening, at noom today had found no evidence which might lead to the finding of Rosy, 8-year-old daughter of Mr. and Mrs. Mike Kosch of Fifth avenue, southwest. The girl, a pupil in the St. Jo- seph Parochial school, left that in- stitution shortly after 4 o'clock Monday afternoon and was. seen about 5 o'clock on a downtown street. She has not been seen since. Mike Kosch, father of the child, an employe of the Northern Pacific roundhouse here, became alarmed yesterday afternoon when the girl failed to yeturn home from school and began a search for her, which was continued all nigh‘ One wild rumor has it that cer- tain police dogs owned in the city have turned and roamed the woods in the vicinity of the girl’s home and the woods are being scoured on the theory that she may have been attacked by these anim: of Bis- ‘As a plan to increase the declining birth, rate in Greater Berlin, the city government has decided to award every new baby a savings account of three gold marks, to vote A worm that lives omy in ice and id} cannot even withstand the heat of a bill] human hand has been found and tion in the Olympic mountains, | FINAL EDITION | PRICE FIVE CENTS LET US HAVE THE FACTS Confusion has arisen over the matter of text books in the Bismarck public schools. When free text books as a policy in the schools were abandoned and students were ask- ed to pay for their books, the issue was raised whether this could be done under the 1923 law which clearly provides that where free text books have been adopted no change can be meade without submitting the matter to the peopl In Bismarck the school board took the position that in- asmuch as free text books were established by resolution and not by petition or a vote of the people, the policy could be changed in a similar manner, that is by resolution. Some attorneys take the position that the 1923 law cov- ered all situations where free text books were in force re- gardless of the method by which such a policy was origin- ally established. Parents have been calling The Tribune office asking whether they should make payments due on books. Pupils in the schools are being threatened that if payment is not made their report cards will not be given them. This form of badgering the students has worked in some instances and payments have been made, but some parents still maintain that the change from free text books to a charge basis was made illegally. They refuse to pay unless good and suffi- cient reason is set forth that they should pay. In any event the matter is between the parents and the school authorities and not the students. To bully and threaten the students because their parents have not paid for the text books is surely an injustice. Why not notify the parents and proceed against them if the charge is a’ legal one. Probably by that means a final determination of the legality of the board’s position can be ascertained. Trying to collect a bill by threats and coercion should hardly be a policy of our school officials. The matter could be éasily settled by _— an opinion of the attorney general whether it was legal to rescind the free text book order which had been in force for years with- out approval of the people. If the board has this power in view of the 1928 law then well and good. If such is the case school patrons should pay assessments levied for text books. If the action of the board is illegal then they should not pay and those who have paid should be reimbursed. There is a complaint too that text books are changed too frequently. Fathers and mothers who have students at the high school in different classes complain bitterly that from year to year changes are made which render old books use- less and that they are often put to unnecessary expense in the purchase of new books. Care should be taken to make the expense of text books as reasonable as possible and if free text books were illegally dispersed with, the old system should be restored and money if collected illegally returned. Nothing can be gained by ignoring the school patrons. In any event an opinion from the attorney general would clear up the situation. As the matter now stands, no parent should pay for any text books until the board shows that it has a legal right to make such an assessment. CITY VOTES TO FINISH INTAKE NOFEE ALLOWED In accordance with a passed by the city commission last evening, the City Waterworks De- STATE SENATE IS EXPECTED TO KILL BILL Committee on Public Health, After Meeting, Votes Against Ratification SECOND HEARING HELD Many Appear For and Against the Measure at Meeting of Committee DEFEAT AMENDMENT The Senate today defeated the. child latif# amendment 30 to 19 after a short debate The Federal Child Labor Amendment was being debated in after the committee on public health had made a report against ratification. A vote was expect- ed late toda: North Dakota may join other states today in declining to ratify the federal child labor amendment. The measure was expected to be reported to the State Senate this afternoon by the public health com- mittee, which voted last night in executive session to bring in a re- port to the Senate recommending that the measure do not be ratified. Nine states have declined to ratify the amendment, according to press reports, and if 13 states fail to rat- ify the amendment it will fail. Since virtually all state legislatures which have considered the amendment thus far have voted against ratification it is said to be foredoomed to fail- ure. While one or two members of the enate public health committee in- dicated that they were in favor of the measure, they said no minority report would be made to the State Senate. A previous test vote show- ed the committee 7 to 2 against rat- ification. The action of the public health committee was taken last night in executive session, following the sec- ond public hearing on the measure. Several citizens appeared both for and against the measure. Senator Pathman of Grant county was among those who spoke against the measure. He made a plea for the “privilege of work” for boys and girls, and declared that all great men of the nation had been required to work when young. Calls It Socialist P Senator Pathman quoted a social- ist member of Congress as saying, when he voted for the amendment, “This is a socialist measure so I am for i “I say to you, since this is a so: ist measure, I am against it,” said Senator Pathman. Wm. Godwin of Mandan, S. S. Mc- Donald and Henrietta Lund of Bismarck, and Mrs. L. Cary of Mandan were among those who appeared in behalf of the meas- ure, reiterating arguments that it was for the protection of the youth of the nation. They declared that it was not socialistic, and that many of the leading constitutional lawyers, of the nation had taken part in framing it. A. G. Divet of Fargo argued against the measure. He talked from the constitutional angle, in marked degree, and declared that it was an invasion of the hts of the states as conceived by the federal form of government. Mr. Divet assailed propaganda for] Urge Lower Rates For Farm Products ashington, Jan, 27.—The Senate today approved a conference report on the resolution directing the In- terstate Commerce Commission to conduct an inquiry into freight rates with a view to their readjustment. At the last session, the resolution had been amended by the House to eliminate certain restrictions. The House action was agreed to today. partment will proceed to complete|The resolution sets forth that, “in the intake at the river. A special|view of the existing depression in meeting will be held this afternoon | agriculture, the commission is here- to arrange the detai by directed to effect with the least Commissioner Thompson submitted | delay changes in the rates, in such the resolution and insisted that no|of the country as will promote the five percent would be paid to T. R.| freedom of movement, by common Atkinson on the work. The commis- | carri of the products of agricul- sioners said that no bonus would be| ture affected by that depression, in- paid the city engineer on this work | cluding livestock.” The lowest pos- but that it would be done under city | Sible rates compatible with the main- force account. Just what the ex-|tenance of adequate service, are pense will be cannot be definitely | urged. ascertained. It was intimated, how- ever, that before completing the work the levels which have been a matter of controversy would be care- fully checked over. A petition for a resolution Ask Governors To Inaugural sewer on Griffin street, from Rosser street to Avenue | Washington, Jan. 27.—Invitations| the ,measure, declaring that it was A was presented, but np action was|have been sent to all state Gover-| the ‘most unfair propaganda he had taken although there may be in-the|nors to participate the parade] ever seen carried on. Mr. Divet also spring. and other inaugural ceremonies in| took a fling at Congress, which voted MILL BOARD BILL IS IN The Sorlie administration bill to repeal the 1923 law providing for a board of managers of the state mill and elevator at Grand Forks was in- troduced in the House of Represen- tatives today by Representatives Hoople and Thatcher, Nonpartisans The bill’ changes the present law only in that it transfers all duties of the board of managers to the In- dustrial Commission. It went to the industries committee. Washington Madch 4. Attendance of the Governors has long been a tradition and their escorts in the past have lent much of the color to inaugural processions. Court Declines To Interfere In Auditorium The supreme court declined to take a hand in the Bismarck City Auditor- ium dispute late yesterday. The court declined to assume original jurisdiction in the matter of the pe- tition of Knute Hebrandson to com- pel the city to rent the building for a lecture. SOLONS WON'T TAX MATRIMONY ANY MORE—CUT OUT NEW FEE The North Dakota House of Rep- resentatives is fag economy in mat- rimony as well as in things general- ly speaking. That body refused this afternoon to add a $1 tax on matrimony by providing this fee must be paid by a would-be bridegroom, for a copy of the marriage certificate to be filed with the state registrar of vital statistics. eee The house was informed the law was necessary because the state reg- istrar “frequently receives letters from couples married in North D; kota, now living in other states, ask- heir marriage cer- y forget in what coun- to refer the amendment to the states, declaring Congress, in the last five years has been the most discredited body of public men ever, gathered together. Speaks For Measure Miss Henrietta Lund, director off the childfen’s bureau of the board of administration, argued for the ratification of the child labor amend: ment. The federal amendment to the con-| stitution provides that Congress maj| have the power to enact laws regu: lating and prohibiting the labor ofi persons under 18 years of age. STONE CASE IN COMMITTEE Washington, Jan. 27.—The nomi: nation of Attorney-General Stone tc be a supreme court justice agair reposed today in the quieter pre cincts of the Senate Judiciary com mitte The committee, to which the Sen ate referred the nomination yester day after it had once reported it has been called to meet tomorrov. and it is understood will invite: th: attorney.general to make a state ment before it in regard to effort. of the Department of Justice to re turn a_ second indictment her: against Senator Wheeler, Democrat’ Montana. Mr. Stone is expected t' appear before the committee — th. same day. DECIDE SPEAKER | FIGHT FEB. 2 Washington, “Jan. 20 27.—House Ref publicans will caucus Friday night mince 27, to decide on their: didate for eee and a: floor er, “The committee struck out the $1 fee except where parties request a copy of the marriage certificate be made; this will take care of all this expense,” said Rep. ichell. Rep. Vogel declared it was a plan to give the state health department money that wasn’t appropriated and announced that ‘on behalf of my two colleagues, who are bachelors, I am opposed to it.” “I don’t think matrimony ought be taxed any more than it is now, announced Rep. Herbert Swett. Rep. J. D. Root moved to kill the bill, but the motion failed, becau: several representatives said it would serve a good purpos It finally was recommended to ty they were married and so write | pass—without the $1 fee provided in the state siimeth the original bill.