The Bismarck Tribune Newspaper, February 11, 1925, Page 1

WEATHER’ FORECAST \For Bismarck and vicinity: Clou- dy tonight\and Thursday. ESTABLISHED ppt LS) Ll Ui THE BISMARCK TRIBUNE [mom , BISMARCK, NORTH DAKOTA WEDNESDAY, FEBRUARY 11, 1925 PRICE FIVE CENTS HIGHWAY PROBE IS STARTED TODAY 2 CIGARETTE BILLS PASSED IN THE HOUSE Measure Licensing the Sale After April 1 Wins By Two-Thirds Vote DOUBT VER OTHER o“ Speaker Larkin, fleld Two- Thirds, ‘Vote Needed to _Wass Virst Measure Senate Bill 61 repéuling the Anti-Cigarette. Law repealing the House by @ majority vote yes- terday, Speaker B. U. Larkin will Tate this afternoon. He said he had received an opinion request- ed from the Attorney _Gencrat that the Bill could paas by a ma- jority instead nf a two-thirds vote being necessary and he will reverse his ruling of yesterday. The North Dakota House of Ri resentatives yesterday afternoon ted ifor the repeal of the state's anti- vigarette law and enacted a measure placing a stamp tax on cigarettes and licensing dealers in the state to sell them to persons over 21 of age, after April 1p 1925. of the two cigarette bills ae Nos. 61 and 62— ied years Passage Senate was accompan- by more than two hours and a half of oratory, and wound up with members protesting against the ruling of Speaker B. C. Larkin on the vote on Senate Bill No. 61 and defeating an effort to postpone vote on Senate Bill No, 62 until tomor- row. Senate Bill No. 61, expressly re- pealing the an‘ igarette law of 1913 and prohibiting the sale of cig- arettes to persons under 21 years of age, under heavy penalty, passed by a vote of 72 to 40, with one ab- sent. Senate Bill No. 62, the licen- sing measure which, by implication, repeals the anti-cigarette law, pass- ed bya vote of 78 ie 33, with two absent. Speaker Larkin, immediately after the vote on Senate Bill No. 61 was announced, declared that the measure, was’ lost becatise it failed 0 receive a two-thirds vote. His ruling was tmmediately challenged by several Provonents of the bill. The Speaker held thav the bilh needed a two-thirds vote because the anti-cigarette law had been voted on by the people in! 1920, Members, taking issue, de- clared that the Speaker was | mis- jaken: and that an attempt was made ! ‘e initiate a repeal law in-1920, but tidit it did not carry. Opinion of Attorneys Attorneys in the House, including | A. G. Divet ef Fargo, who opposed the passagé >f the measure, told jthe speaker he was wrong, and Rep- ‘npsentative Carr of Jamestown read a section of the Constitution. Speak- er Larkin, however, declared he would adhere to his ruling until he had opportunity to investigate the measure, Then, on motion of Rep. Halcrow, the speaker was permitted to defer his ruling f8r one day. Rep. Vogel, McLean county, countered with & motion for a recess for 10 minutes until the Speaker could consult the Attorney-General, but Speaker Lar- kin declared’ he would give no as- surance’he was to return in 10 min- utes. and refused to recognize the motion. Speaker Larkin, who is much op- posed to the cigarette ‘law répeal, then suggested that Senate Bill No. 62, the licensing bill, be put over for a day and the House go into consideration of other measures, But this suggestion was squelched by supporters of the bill. An effort by those opposed to the bill, in the form of a motion, 'to postpone action until tomorrow, also was defeated. The House, after a summons of all members had been made, then pass- ed the licensing bill by a two-thirds vote. Wine galleries of the House of Rep- reSentatives was crowded when the cigarette bills were taken up as a special order of business at.3 p. m. A hard fight has been waged against repeal of the anti-cigarette law by ‘opponents ever since Governor Sor- lie, in his inaugural message, sug- gested repeal. Debate was mostly from the side 0@ those opposed to the repeal, but several members of the bill made an explanation of their votes. Many proponents of the bill hold that the present anti-cigarette law is a fail- ure, unenforceable, and that it al- ways will be ineffectual: while cig- arettes may be ‘imported through the United States mails teem other states lawfully, Since both bills passed the Sen- 3@ by a large vote, it is expected that the Senate will repass them, with amendments, or-that a confet- ence committee will reach an agree- ment for the two Houses. Debate Opens Representative Halcrow, Pembina rounty, the first speaker, declared arettes were harmful, that the ‘proposed Senate Bill No. 61, prohi- biting sale to minors, could not be enforced better than present law. and that he did not “want to take the responsibility fér boys learning to smoke.” Representative A, G. Divet,- Cass county, one of the last speakers, made a lengthy argyment against ‘repeal of the anti-cigarette (Conti inued on page three) ee Just to prove that tho was snapped “on loci n’ not a double, [= Income Tax This is one of a series of articles explaining the in- come tax to the laymen. It has been prepared in view of recent changes in thé income | tax law. | BY R. A. CONKEY Tax Consultant Another provision of the new law which will affect a great number of taxpayers is that section pertaining to the treatment of capital gains and losses, which is defined as follows: Capital. gains and capital losses “refer. only to taxable gains and de- ductible losses resulting from the sale,or exchange of property held by, a taxpayer (other than a corpora- tion) for more than two years, other than property which would properly be included in inventory, or property held primarily for sale in the tax- payer's trade, or business. The term “capital net gain” means the excess of the total capital gains jover the sum of (a) total capital loss, (b) “capital deductions,” (ec) the amount, if any, by which a ary deductions ex-| movie stunts aren't all faked, hear ‘Hollywood and hiadie Gordon nimseii, after all. This alking the plank, LEAGUE PAPER NAMES BOARD OF DIRECTORS Five Are ‘Chosen to Guide Affairs of North Dakota Nonpatisan Stock holders of the North Dakota; Nonpartisan, official organ of the Nonpartisan League, in meeting here last, night, named a new board of directors fer the corporation. They are John N. Hagan, Bismarck. J, L. Miklethun, senator from Griggs county; Gerald Nye of Cooperstown; Pat Daly of Dickinson and Mrs. Min- nie Craig of Esmond, reelected. The meeting was largely attended, about 200 being present. Under the by laws of the corporation each and, stockholder was entitled to one vote. The meeting had been preceded by announcement of John H. Bloom income, exclusive of, that he would retire as editor-man- capital gain. The term “capital d ductions” includes commissions paid! ill health. brokers or agents in connection | with ‘the ’sale of the property, andj} interest, taxes or other carrying charges allownble to the property | sold during the year in which the! sale occurs. A taxpayer (other than a corpora- tion) who for any taxable year de- rives a “capital net gain” may, in {lieu of the ordinary tax, elect to be taxed as follows: A partial tax shall be computed in the regular way upon his net in- come (excluding capital gains) cap- ital Idsses and capital deductions), | and the'total tax shall be this amount plus 12% per cent of his capital net gain. The term “capital net loss” means the excess of total capital losses and capital deductions over total capital gains. Where \a taxpayer (other than a corporation) sustains a “capital net loss,” a partial tax is computed in the regular way upon his net income (excluding capital gains, capital loss- es and capital deductions), which tax there is deducted an amount equal to 12% per cent of the “capital net loss.” In no case, how- ever, may the tax so computed be less than if computed in the ordinary manner, without regard to the provi- sions relative to capital gain or loss The provisions of this section ap- ply to members of a partnership, to an estate or trust, und to bene- ficiaries of an estate or trust, with respect to their proportionate part of the capital net gain or capital net loss of the partnership, estate or trust. GOODING BILL IS OPPOSED Washington, Feb. 1.—The House Commerce Committee today, by a from |" | ager of the Nonpartisan, because of Mr. Bloom had also de- manded that a board composed of newspapermen be chosen to direct the paper. Of the elirectors named, Mr. Nye, editor of the Cooperstown Sentinel-Courier, is the only news- paper man. The five chosen were from a field of 14. No political faction was claiming victory today. The board will name the manager. At a meeting of the board this morning, Mr. Nye was elected presi- dent, John N. Hagan vice-president and Mrs. Minnie Craig secretary: The board is to meet tonight to con- sider matters of policy. FORMAL VOTE IS CAST FOR PRES, COOLIDGE He and Dawes Are Declared Formally Elected by Congress, editor- Washington, Feb, 1 The result of the November election received the final action of Congress today “in joint convention assembled.” Por Tempore Cummins that the county of the electoral vote showed Calvin, Coolidge of Massachusetts and Charles G. Dawes of Illinois to have been elected and the entering of the ballots in the journal of the houses closed the political contest in accordance, with constitutional re- quirements. Barely half «n hour was set aside for the ceremony. Pursuant to a concurrent resolution for the joint session, the Senate marched to the House, "preceded by the sergeants-at- vote of 11 to 6, declined to report| arms and by pages carrying the elee- the Gooding bill prohibiting higher | toral vote locked in boxes. railroad ‘rates for shot hauls ‘than for long hauls over the Laecover Hie game route. FIND NOTRAGE OF CONVICTS President Cummins presided with peeaer Gillette at his left. Tellers took charge of the ballots, opening the envelopes in alphabetical order. The result was announced as: whole number ‘of votes cast for president, 531; Calvin Coolidge of Massachu- setts, 382; John W. Davjs of West Virginia, 136 votes; R. LaFollette of Wisconsin, 18; votes: Dawes of Illinois, 882 votes; Cha’ No- trace Pn been found today| W. Bryan of Nebraska 136 vote: oft Jerry’ Dunn: and Fred Mitchell,j{and Burton K. Wheelex of Montan: the prisoners who escaped in Bis-|13 votes, marck Monday night, according to officers. *Police ‘officials ‘in : many | ho towns arg’on the lookout for them. | nei Following the counting, both ‘resumed theit routine: busi- Charles G.’ HOPE TO FIND: FLOYD COLLINS IN CAVE SOON Those. in Charge of Rescue Work Believe They Will Reach Him in 20 Hours SOUNDS HAVE FAILED Electric Light Wire Fails To Record His Breathing Today Cave City, Ky., Feb. 11.—(By the A. P.J—A definite connection be- tween the rescue shaft and the tun- nel in which Floyd Collins had been imprisoned for, several days was ex- pected to be reached very soon, it was declared this morning by H. T. Carmichael, superintending the sink- | | ing of the shaft. “I am prepared to find time a definite connection between | the shaft and the cavern,” Carmi- chael said. “More crevices are be- ing found, rocks are getting larger, sand has given way to gravel and more cave crickets are reported by the diggers.” For the first time the: amplifier tests across the electric light wires leading down to Collins failed com- pletely this morning to record any- thing in the head phones. The last successful ti the “breathin lar rate of 18 per minute, but H. G. Lane, manager of the electric appara- aid the tests ind out of Collins’ at any cated the globe socket or burned out. Carmichael would not estimate how soon the Sand Cave tunnel might be pierced, but said: “We appear to be very close, and 1 believe we, will get Collins out alive.” Twenty hours was given by res- cuers at 9 o'clock as the maximum time they expected to take to extri- cate Collins. The workers said that if he was not out of the hole in that time, they would be sorely dis-! ppointed. They were hopeful of reaching Collins much sooner, saying | that it might come at any minute, DURANT MAKES $2,500,000 ON: N.Y. EXCHANGE) Is Credited With Making Re- markable Profits in Cast Iron Stock New York, Feb. 11.—William C. Durant, motor manufacturer and stock operator, is credited by Wall street with having made about $2, 500,000 during the last two days in the rise of United States Cast Iron! Pipe. His paper profits on the same stock in the upward movement in less than two years are estimated more than $10,000,000. The stock gyration skyward in the last few days has been considered & notice by Mr. Durant by way of the ticker, that he is back from his vacation in California. His friends described him as more bullish than ever. Last week United States Cast Iron Pipe gained 15%. Monday it shot upward 19% points. Yesterday it soared 21% more. It closed yesterday at $235 und $129. PLAN FIGHT FOR MEASURE) American Federation to Seek Enactment of Child Labor Bill * Miami, F' Feb. 11.—The Amer- ican Federation of Labor will carry on a fight for the federal child la- | bor amendment in those states which have failed to ratify the amendment until such time as legislatures’ fav- orable to ratification are elected, the federation executive council de- cided today. RATIFY IT Madison, Wis., Feb. 11—The Wis- consin legislature ratified the child labor amendment to the Constitution today, when the House, by a vote of 65 to 26, went on record as favoring the proposal. The state senate had already &dopted the resolution. Girl, 7, Steals ¢ Dress in Store Winona, Minn,, Feb. 11,—So that she might wear clothes\ like other girls in school, a youthful shoplift- er, only seven years old, cheerfully admitted to police today, that she had taken a dress froni the counter of a local store which she was wear- ing when fourd in her class at. school. Her case was referred to the county probation officer, Poe tecd ase Lucille Upton, sister of Peggy oyce, and herself an actress just making her first appearance on the jstage, has announced her engag Martin wealthy society theatrical production in New York. | | ‘MOVIE: LOCAL OPTION BILL | ae | Comes Before the State Senate For Vote on its Final Passage REPORT ACCEPTED enate Takes Report on Meas- ure After a Hot Debate on Bill 4 The senate yesterday afternoon by margin of a single vote acceptes the report of a maiority of the eom ! mittee on state affairs, recommend- jing that B. 168, Senator W. S. Whitman’s bill for leaving the que: tion of Sunday moving picture shot {to local option be passed as amend- ed jn the committee. There was a hot debate before the roll call was taken, in the course of which the bill was subjected to fierce denunciations on the part of its op- ponents, and defended by its friends on the ground that it simply left the matter up to the people of the various communities. The bill came before the senate on a divided report from the com- | mittee on state affairs, the majority report being for passage as amend- ed, and the minority for indefinite postponement, enator Miklethun moved the acceptance of the minority | report, and was supported in this | motion by Senator Dell Patterson. this state will spend millions of dol- lars for Sunday movies” shouted the j militant Senator from Renville. “Peo- ple have been telling us to milk more jeows to get more money, but we've got sow thistle, and quack grass al- | ready, and this will be two much of a burden on the cows. “Let the theater men milk more cows I say.” Asking For Vote “We aré not asking you to open up the moving picture theaters on Sunday” said Senator Whitman of Grand Forks, “we are simply asking ‘that the people be given an oppor- tunity to say whether they want them oe not.” “This“bill simply puts the matter in the hands of the people” declar- ed Senator Hamilton, of McHenry. “I say that if the laboring man or farmer who works all week wants to go to the movies on Sunday he ought to have a chance to. “If there is thing wrong with the movies on days of .the week I don’t see why they should be wrong on the seventh. “In this country church and state are suppased to be separate and this legislature has no moral right, to legislate on religion, which is what ‘the ban on Sunday theaters amounts to” Senator Hamilton continued. “We are asked to gonsider the effect on the children; “well, 1 want to~ say right now that I'd a lot rather my son was at the movies on Sunday afternoon, than have him driving around in an auto full of hooch en- dangering his own life, and that of everyone else on the road.” Senator Ritchie took issue Senator, Hamilton. “If this old world; of ours doesn’t halt pretty quick the Devil is going to get the major- ity of its citizens” he said. “One of the things that is hurrying the world to perdition fastest is Sunday mov- ing picture: shows. “I charge all you senators not to ‘| forget the commandment given from Mount Sinai ‘Remember the Sabbath Day to keep it Holy’, The Sabbath should not be desecrated by Sunday moving pictures, or by Sunday base- ball either: ° ‘ Up Again Today Several attempts were made at further anendment of the bill, but eventually all were declared out of | (Continued on page three) B. Jones Jr; man now managing j IS UP TODAY {Credit banks. “If this bill passes the people of | with; _, FARM RELIEF - PROGRAM NOW BEING PUSHED House Passes Strong and Pur- nell Bills, Part of Re- lief Program TO THE SENATE | Both Senate and House Com- mittee Are Speeding, Along Activities Washington, Feb. 11.--(By the A. P.)—The problem of working out a farm relief program to be pressed for action in the remaining three weeks of the session continued to Joccupy the Senate and House agri- culture committee today, both h ing called members of the Presi- dent's agricultural conference for questioning on the conference recom- mendations, Chairman Carey of the conference ~K~~~~~ | was the first witness on the House committee’s list for the day, while the Senate committee had called Wil- liam Jardine to continue his explan- ation of the conference proposals be- gun yesterday. Chairman Haugen of the House committee, who had drafted for com- | mittee study today a bill to carry out the conference recommendation with | regard to cooper: e marketing, con- tinued optimistic as to the chances | of getting this feature of the pro- gram through Congress before ad- jJournment, Some members of the committee, however, were kly doubtful that their commit- ‘tee itself could reach any agreement on a farm ald program and more so |that a substantial program “could jbe put through the Senate in the |short time remaining. ‘The House, in the mean time, has moved forward speedily to carry out part of the conference program by passing and sending to the Senate the Strong and Purnell bills. The Strong bill, passed yesterday, |would permit national agricultural credit associations, to rediscount {notes with the Federal Intermediate Although primarily to aid cattle raisers, its advantages would extend to all farm- ing activities. | “Phe Purnell bill, put through at the same time. would increase the amound of federal aid to agricultur- al experiment stations. KANSAN SAID T0 BE PICKED FOR U.S. POST Jardine Likely to be Next Secretary of Agriculture Washington, Feb. 11.— Although the White House withheld comment, officials elsewhere indicated a belief today that William M. Jardine |Kansas had virtually been on by President Coolidge for Secre- tary of Agriculture. | The Kansas delegation in Con- gress, which once endorsed J. J. Moh- ler, also of Kansas, for the post, met and changed its support to Mr. Jar- dine. Members of the delegation have been in constant consultation with Mr. Coolidge but they declined to say whether they had definite information as to his decision. Mr. Jardine himself, who is a mem- ber of the president's agricultural commission, conferred with Mr. Coolidge during the day, Officials said the visit had to do with agricul- tural questions. Applicants for the West Military Academy must agree serve in the army for eight years. Point to The pay of a West Point cadet, cluding an allowance for rations, is about $1072 a year. —__-—________e Weather Report For 24 hours ending at noon: Temperature at 7 a. m. Highest yesterday . ‘Lowest yesterday {Lowest last night Precipitation .... Highest wind velocity . WEATHER FORECAST | For Bismarck and vicinity: Part- ily cloudy tonight and hursday. Not jmuch change in temperature. For North Dakota: Partly cloudy tonight and Thursday. Slightly warmer tonight east portion. WEATHER CONDITIONS A high pressure area, accompan- ied by slightly colder weather, now designed |. of |, decided | ... covers the Plains States and Missis- sippi Valley. Minimum temperatures were near zero in Minnesota this morning. The low pressure area is still over the Pacific coast region and temperatures are rising slightly west of the Rockies. Precipitation occurred in the Great Lakes region, Middle Missippi Valley and along the Pacific coast, ORRIS W. ROBERTS, Meteorologist. Heads War Party Because of the intense popular excitement and religious fervor in eece, it is reported that the gov- ernment of Premier Michalacopulos will be overthrown and that a coali- tion government headed by General Condylis will succeed. In that event the fiery General Pangalos (above) ds the party crying for war urkey, will be made minister OPPOSITION TO BONDING PLAN IS EXPRESSED, Ward County Senator Op- posed to $10,000,000 Bond Resolution Senatgr Walter Bond, Independ- ent, Ward county, while emphatical- ly opposed to the principle involved in the concurrent resolution as pro- posed for referendum to the voters of the state on the proposition of bonding the state for $10,000,000 to {pay off depositors in closed banks, jtoday declared that if the proposal does go to the voters it should take in a lot more territory. The resolution as drawn calls for a special election on May 5, next for the purpose of voting on a $10,- 000,000 bond issue to be issued and sold by the state for the purpose of paying off depositors in banks which have closed between July 1, 1921 and May 1, 1925, under the theory that the state is liable for such losses under the Guaranty Fund commis- sion act. “The Guaranty Fund Commission was established in 1917,” Senator Bond declares, “and there is no rea- son why discrimination should be shown. At the present timg there is about $26,000,000 owing to depositors oi closed banks which have become nt during the period from 1925, to the present date. nks have about $13,000,000 chs of which paper is questionable.” “I do not believe that we should show any discrimination and I be- lieve the banks which closed prior to July 1, 1921 and which were mem- bers of. under the N. D. Guaranty Fund should be included,” the senate added, indicating his intention to seek such a change in committee, which would also increase the bond issue to $20,000,000. The Babcock resolution came up before the banking committee of the senate on Monday morning and a de- lay of eight days in its consideration was granted. The Ward county senator saw in this a move to per- mit the proponents of the measure time in which to marshall forces and bring in wholesale requests for opportunity to vote on the measure. “A special election would cost at the most conservative estimate ap- proximately $120,000. The annual interest charge for 30 years would be $500,000—even on the $10,000,000 bond issue. On the $20,000,000 bond issue to pay off all depositors of closed banks it would run one mil- lion dollars a year,” Senator Bond declared, “This would all be out-go with nothing coming back to the state except the small percentage of the whole amount advanced collect- ed through realization of the ques- tionable assets of the closed banks. Iam satisfied that the taxpayers of North Dakota do not want an ad- ditional $1,120,000 slapped on to their burden in the next year.” GREECE ASKS LEAGUE AID Geneva, Feb. 11—Greece has ap- pealed to the League of Nations against the action of Turkey in ex- pelling the Most Reverend Constan- tinos, ecumenical’ patriarch of the Greek Catholic church, from ,Con- stantinople, claiming that this ae- tion endangers the friendly rele- tions between the two countries. EMPLOYES OF COMMISSION ARE CALLED First Public Testimony Is Taken in Committee's Inquiry Into Subject WAR STUFF IS SOLD Sold to Private Individuals in Violation of U. S. Require- ments Witness Says The first public hearing of the special house Highway Commission investigating. committee was held this morning in the McKenzie Hotel parlor, with Chairman Yeater pre- siding and F. J. Graham acting as attorney. Rep. Anderson of Stuts- man, one member of the committee, was not present. The committee's first two witness- es, who were called and sworn to testify under oath in the same man- ner as a court, were P. M. Hagdahl of the testing department and W. F. Gettleman, in charge of the equip- ment department. Mr. Gettleman was questioned con- cerning sale of war materials, He was asked whether the government regulations prohibited sale of these surplus war materials to private in- dividuals and replied that they did. He was asked if there had been sales to private individuals, and he said Chief Engineer W. G. Black of the Highway Commission had ordered sales to anybody. Mr. Gettleman was first called on to explain that syrplus war mater- ials were sent to be used in con- struction of main roads, the govern- ment making a handling charge. “Some stuff not suitable for use on roads had been shipped by mistake, he si ncluding five machines for boring Liberty motors. Denies Right To Sell Asked if the Highway Commission had the right to sell what it does not need he said there was much mis- understanding on the part of the government's regulations. The gov- ernment had said material could be sold if the money was used on roads. ‘ Another man from Washington said the material could be traded, In this way, he said, the Highway Com- mission traded some heavy airplane truck parts on an Indiana Motor Company truck. “Does the government allow you to sell to private individuals?” ask- ed Rep. Vogel, member of the com- 1 mittee. om “No, I don't believe it dots,” plied the witness. “Did you sell some to private in- dividuals?” “Yes, on orders.” “From where?” “The chief engineer.” Mr. Gettleman said the policy with respect to the materials was changed two or three times. He also, said that some may have got into private hands through county auditors. He said Chief Engineer Black or- dered Mr. Miller, storekeeper, to sell materials to anyone. The committee directed that a list of individuals to whom parts were sold be secured. The price, Mr. Gettleman said, was to a large ex- tent fixed by Mr. Miller. P. M. Hagdohl, of the testing de- partment, the first witness, said he tested sand and gravel and cor- rugated pipes. Most of the testing had been done in the last year, he said, He was asked if there was sand and gravel from more than one place that will pass specifications, and he said there were several places in the state. He said it would take some time to go through records and ascertain the places, but he would do so. He was directed to do this. Asked if he had any complaints re- garding tests, he said he could not say that he had. He said that in nearly all cases he knew before he made a test where the material came from. He said there: were different tests for road covering and for gravel used for concrete. The road cover- ing, he said, usually was taken close to job on casual inspection by en- gineers. The department was more particular regarding concrete work, he said. He said he had been in the department since -1420, under both Chief Engineers Robinson and Black. T. R. Atkinson's Cars Mr. Gettleman was further ques- tioned by Mr. Graham and Mr. Vogel regarding disposal of automobiles of the commission and particularly about cars used by T. R. Atkinson of Bismarck, The stenographic record of questions and answers follow: “Who uses the Cadillac car,” Judge crekan said, further Mr. Gettlem “T. R. Atkinson.” “He is city enginee Vogel. “Yes, sir.” “Is he on the highway force?” “I believe he does work for the highway department. I believe he works at odd times.” “I wish to state that the car was assigned to Mr. Atkinson without my authority.” ee authority, was it?” asked r. Caseet a et we). re-