The Bismarck Tribune Newspaper, February 9, 1925, Page 2

PAGE TWO NEW MILD BILL IS INTRODUCED IN THE SENATE 7 oo Put Forward Their Plan For Control of State Mill The Independent proposal for bs shifting of the power of the board of mimugers of the Grand Forks flour of the Industrial Com- jovernor Sorlie, w @ the state affairs commit Senate today. The chief prov of the bill follow: “From and after the taking ¢ “sof this act, the i sion as establishe der the board of managers of the North Dakota Mill and Elevator As ociation, ated and provided for in chapte of the laws of dispossessed in all nd authority to e or control | he North Dakota Mill and ator dof all authority over nent and operatign of the ussociation’s business affairs, or er the mill and elevator belonging reto or over the ement and tofore pos trial commis: ame and all thereof, is J to and vested in governor of the state of North who shall have the sole auth- ge and control the af- fairs of said association, operate its mill and ator and manage its business affairs. The governor shall have authority to make and enforce rules and regulations for the ‘on of the business of such association, and to employ and ap- pcint, at his sole discretion, such person or persons as he shall see fit, to assist him in the exercise of the power and authority hereby vested in him... .. with full authority to the compensation of, and dis charge or dismiss any and all age ers or employees now or here- engaged. Without cause “and h full authority to delegate such power, or any part thereof to any Sagent or employee he shall see fit.” CAN DICTATE RENTAL CITY OF AUDITORIUM Judge Jansonius in Opinion | Says Discretion of Com- mission Can Be Used A city co! ssion fh North Da- kota has di ‘ion in the renting of/a city auditorium, Judge Fred Jansonius of district. court held here today. The case was brought before him by Knudt Hebranson, who sought to compel the city com- mission to rent the city Auditor- a for the use of a public meet- in; Theta Jansonius held that under the law, the city commission has discretion in renting the auditor- ium, regardless of the presentation of a $50 fee. The opinion follo’ “This is a proceeding in man- damus to compel the City Com- mission to rent the City Auditor- ium to a petitioner. The merits of the case ure not before me. Wheth- d good judgment in refusing petitioner the use of the Auditor- REFORMS IN STATE SUPERVISION — ics “BANKS AS ADVOGATED BY BANKERS ini Cee | By FRANK W. SIMMONDS if American Bankers Association | ABTHOUGH many states have unexcelled systems of | bank supervision by public authority, in some in- stances volitical entanglements have resulted’ in lax’ dangerous practices. Public methods and Nome Reported | In Fargo Wire Fargo, Feb. 9.—The diphtheria {epidemic at Nome, Alaska, is now | well under control and more anti-} toxin to supplement that taken in| ,by dog teams and other means, is! opinion today demands that bank super-! well on its way there, according to vision be as free from partisan interference a telegram received by ‘Thomas / as the judicia: State banking laws are increasing in Much thought Judge C. J. Lomen, in answer to a by the! telegram sent by Mr, Jensen Satur- | number and and study State Bank Frank W. supervision. Stmmonds discretionary power to attract men 0% outstanding executive ability | and successful banking experience, | and that bank examiners be select- | ed trom those having the requisite | qualifications. | 4& Careful study and survey of | state bank supervision has been - | made with the co-operation of - | State Bank Commissioners and _ Said | gtate bankers to bring out the high hoard of managers, is hereby divest- } lights of successful supervision, and at the same time indicate rem- edial weaknesses, as the basis for formulating a model code of law dealing with bank supervision, and also for developing public opinion | in favor of its general adoption. This survey shows that in forty- one states Bank Commissioners are appointed by the governors and generally hold office “during their Pleasure.” In two states they are chosen by popular election, in others they are chosen by a bank- ing board, but in only a few is the advice of organized banking consid- ered. In Mississippi the selection is made by a convention of dele- gates from the state chartered banks. Long Terms Make Bureaucrats The term of office was found to range from two years to six. The majority of recommendations favor & five-year term, reasoning that a long term of life tenure tended to- | ward bureaucracy in office, while a short term was condemned on the grounds that the Bank Commission- er would scarcely have time to be- | come théroughly conversant with | his field of work before the expira- tion of his term of service and the public would lose the fruits of his exnerience. A five-year term is long enough to permit his rendering use \ ful service through capitalizing his experience, and then if he is found capable the chances of his reap Pointment would be strong It was found that duties other than bank supervision are frequent: ly imposed on the banking depart ment, ranging from insurance mit ters to irrigation projects and even state hail insurance. The almost unanimous expression of opinion is that the position of bank sioners is a task of such o: | ing importance as to demart (ict he devote all his time and-atiin | tion, strictly to problems of bank supervision and regulation. Some states impose no statutory qualifications whatever for Bank Commissioner. A number merely require that he have nominal quali- fications, in many cases purely neg- ative. Only twemy states require is to be non-sectarian and non-fra- ternal in character; * * “This chapter cannot, of course, jum this Court, of course, cannot| avail petitioner here, as it is not determine, since no facts are pre- sented. alleged that a petition was pre- sented by twenty-five resident tax- “Petitioner contends that upon! payers, nor is it alleged that ‘the tendering $50.00, he is entitled to the use of the Auditorium, and that the Commission has no dis- cretion. In other words, he claims that any citizen, upon paying the regular fee, is, as a matter of ab- meeting is to be non-sectarian or non-fraternal in character, which seems to be necessary. “It is my opinion that the petit- ioner in claiming the use of the auditorium has not brought himself solute right, entitled to the use of/ within any provision of our la’ the building if it is not in use. “The defendant claims the Com- mission is vested with discretion. “The only question before the Court. therefore, is this: Has the City Commission a discretion, or can any citizen for any purpose consistent with the use of the Aud- itorium demand its use spon, pay- ment of the fee of $50,007 “Petitioner relies upon Chapter + 192 of the Session Laws of 1919, Se In my opinion the Board of City Commissioners are vested with a discretion in this matter. This discretion should, of course, be fair- ly, honestly and impartially exer- cised, but ypiether, in this case, such discretion was fairly or arbi- trarily exercised is not involved. “7 have given this matter care- ful consideration, but feel that an early decision be rendered. If it is the Legislative intention that a known as the Public Utilities Act-| City Auditorium must be given to I have read the whole chapter, but fail to see how it can be applicable to this case. The whole act deals with the powers of the Board of Railroad Commissioners, and Sec- tion 23, the Secticn relied wpgn by petitioners, is a negative provision, which simply provides that the Railroad Commissioners shall not have jurisdiction over public utilit- 2 ies owned by the state, city, county er township. The chapter men- , tions who shall have jurisdiction « ever public owned auditoriums. “Chapter 192 in my opinion gives ‘us no light at all, and we must look to other isions of our. statutes for au iy. Under the ‘general powers of City Commiss- ions, the Board is given jurisdic- tion over all publie property of the City, and the general construction : ef Courts is that a discretion is wested in the Board under such uthority. : “The only other provision I can anyone who applies, and that the Commission shall have no author- | ity to fix the fees, a law can be! enacted aceordingly, s the Legis- Jature is now in session. Taw now stands, in my opinion, there is a discretion vested in the Commission, and that will be my holding. An order quashing the writ may Rerators, be prepared.” F. Jansonius, Judge Rail Heads Probe ‘Head-on Collision Albert Lee, Minn.,’ Feb. 9.— Clashing of a passenger train and a freight in a heavy fog six miles from here early yesterday which resulted in injury to six persons was. being investigated. today by railroad officials. All of the injured-were re: as resting easily at a local isa pital today and all will recover, it was i Mi uniderstandin of |: grders, Ja iA Relieras:t0 have n res} ie the pead-on collision ene pale a Bs a i ‘No, 105, Minnea- pe t. Louis 8 pod eR, ieago Se a |e Hoth rains foe p aeereding slowly due to ry itself. diversity. have been given { Jensen, of Nome, who is visiting } ‘his parents here ' The wire was from Federal, . The message, relayed to Seat- non | day, Division of the American’ tie by wireless and cabled thence | Bankers Association to uniformly efficient! to Fargc by wire assured the vis- It is on record as urging that|itor of the safety of his home’ actual banking experience varying’ from one to five years., Powers of Bank Examiners In the majority of: states the Bank Commisisoner is given more or less power to approve or deny applications for charters of state banks. Clearly this authorfty should | be exercised chiefly with a view to supplying each community with| safe, adequate banking facilities. | weighing all factors involved such as the character and responsibility of the organizers and the communi. ty’s needs for banking facilities. In the very nature of things no one is so well qualified to pass on char- ter questions as the Bank Commis- sioner. Comments from ail states favor granting the banking depart- ment large if not absolute juris- diction in granting bank charters. A number of.etates now confer more or less complete authority on the state banking department to act as receiver in liquidating faileé banks, usually providing that the Bank Commissioner must file a re- port with the court for approval. In other states the court names a receiver and the Bank Commission- er thereafter has no jurisdiction or authority. The almost unanimous opinion of bankers and the Bank Commisisoners is that authority should be placed in the banking de partment as it permits the employ- ment of experienced bank adminis. trators In winding up the affairs of a bank, is more expedient, eco- factory. : Changes Needed The consensus as to changes needed to strengthen the work of the state vanking department is summarized in the following ree- ommendations: 1. Provide adequate salaries. 2. Give Bank Commissioner large rretionary — pow: in — grantiny ers and enforcing bank regula- Remove the office from partisan lities by providing for election or ination of the Commissioners by Provide for @ sufficient number of examiners, with adequate pay, and tree their appointment from politics. 5 Give the dl authority to act as receiver in the S Make Commissioners’ “a NE) fakes requirements for Bank difiniestoner eligibility not less than five years of successful banking ex- Hence the importance of carefully | ° nomical and altogether more satis: | Banking Department | the office of Bank Commissioner be freed | friends. from entangling politics and divorced from all other func-; tions of state government; that the tenure of office be mad@) quest of Dr. E. W. Jensen, chief of more secure and lasting, with sufficient compensation and! the bureau of biological survey to | The former Fargoan left here to- ; {day for Washington, C., on re- !confer with officials regarding | j leg tion on game and fur regula- | tion in Alaska. He is expected to | return this week-end to leave soon | thereafter for Juneau for the legis- | lative session opening there Marc 2. He is a member of the Alaska legislature. DAM BREAKS, FLOOD RESULTS | | Vale, Oregon, Feb, 9.—The entire | the effects a torrential which resulted from the bursting of an irrigation dam on Bully Creek after recent rains had made its bur- den too great. A section between the creék and the Malheur river was inundated and cattle and property valued at $500,000 was destroyed. State health authorities, the state | legislature, and the Pacific division of the Red Cross will be asked to | marshall their forces in an effort to prevent an epidemic of diphtheria and smallpox. Suicide Verdict of Coroner’s Jury | Minot, Feb. 9.Death by Suicide was the verdict which a coroner's jury returned today in the case of | Morton Erickson, 55, who Sat- jurday slashed his throat with | a razor. | Despondency over lack of work anc! jealonsy of his wife is said to j have prompted the ac ‘Unborn Baby Is Saved After Auto Accident ' Kahn 35, and his 18-months-old child, ! were instantly killed, when the au- | tomobile in which they were riding , collided with another machine. Mrs.‘ Kahn, who was with them, is dying! at a local hospital. A fourth mem- ber of the family is alive, as a ye- sult of a Cesaerian operation upon the mother, when it had been deter- mined that she was fatally injured. The infant, a even pound baby, was born within an hour after the acci- Los Angeles, Feb. 9-—Whitney 1° «rience and well recognized execu. | dent. tive ability. Bank supervision, when wisely | Introduce Resolution and impartially administered, is capable of rendering one of the To Alter Dry Act highest types of service a state can give its people. solution memorializing Congress to enact legiviation to repeal or modify the Volstead act was in- ES troduced in the Minnesota house when it convened today. It states that enforcement of the act results, in the carrying. on a large number of illicit distilleries and that the ‘business of bootlegging and illegal importation of fliquor is costing the federal government enormour sums of money in an attempt to enforce the act and that the ma- jority of the people favor the sale of light wines and beers and that it ig an infringement upon, the leg- isiative desires of many people. Washington, “Febe now imposed upon gers using Pullman facilities were held today by the Interstate Com- merce Commission to be justifiable and railroads were authorized to keep the practice in effect. The approval of the gfrcharge, un- der which every passenger engaging | Pullma” xccomodations, pays to the | railroad an amount equivalent to 50! percent of the Pullman charge, re-, sulted from the first step of an in- vestigation into the earnings of the, Pullman company and the terms of | its contract with railroads. ‘The decision declared: that the in- ‘vestigation bad not proceeded far! enough for the commission tq ex- | press conclusion as to the general | The Williams Treatment Is a' URIC ACID SOLVENT : 85 cent Bottle FREE Just because yoy, start the day! worried and tired, stiff legs and arms and muscles, an aching head,| burning and bearing down pains in! the back—worn out before the day begins—do not think you have to stay in that condition, Be strong, well and vigorous, with no more pains from stiff joints, sore muscles, rheumatic guffering, aching back or congested kidneys. i For many forms,.f bladder trou- | ble or, weakness, its action is really wonderful. Those who are in and) out of bed half a-dozen times a night will appreciate the comfort, rest, Cold and Grip Tablet and strength this, treatment gives. We mill give yep earns cont = | Pree Safe for more than tle FREE and FREE BOOK about! ot a Century as Uric Acid and how to treat it. i COLDS, GRI ENZA ‘and es Send this notice and 10. cents to! pay postage, packing, etc., to Dr, D.| A. Williams Co., Dept. DA-3692 P. .0. Block, East Hampton, Conn, —A concurrent}, AY a U- || You will receive an 85 cent bottle! (B2-doses) free by Parcel Post, de- livery charges. paid. No obligation. | on your, part, Nothing sent .C, op I pays to be in touch ‘with affairs oe a You can do this for a few cents a month By— SUBSCRIBING for THE BISMARCK DAILY TRIBUNE—North Dakota’s Oldest: Daily. 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