The Bismarck Tribune Newspaper, February 17, 1925, Page 1

{ ~ COSTLY ROAD WEATHER FORECAST (Mostly fair tonight and Wednes- day. No so cold Wednesday. ESTABLISHED 1873 "IN STATE If . Ren Rocky Mountain region. Tem- eae MADE SUBJECT House Highway Commission Inquires Into Richland County Project BLACK IS ON STAND Chief Engineer Asked Ques- tions Concerning Tread- we'l Twichell Contract The House Highway Commission investigating committee, with Chief Engineer W. G. Black on the witness stand, today went fully into Federal Aid Project No. 59 in Richland coun- ty, the bone of much contention be- tween Treadwell Twichell, contractor, Highway Commission engineers and Richland county authorities. The project, ‘according to informa tion adduced through questioning by F, J. Graham, committee counsely cost $117,793.00 for 14 1-2 miles, It was started in 1920 when W. H. Ro- binson was chief engineer of the H y Commission, completed in "1923 \when Mr. Black was engineer, and final payment has not yet been made the contractor. The original contract price for the work was $60,- 187.00, Through questioning Mr. Graham sought information as to whether Mr. Black and his department was not responsible for the additional work done on the project and for failure to see that it was completed economically, while Mr. Black, in turn, declared that responsibility for the job rested on the previous Highway Commission administration. History of Project The history of the project was traced. On questioning, Black as- serted that a faulty set of plans was prepared by Highway Commission engineers to begin with, that plans and surveys were made during the winter, the surveyor running rods through the snow and ice, and call- ing it “ground” when they hit a sol- id place. In reality, he said, the road was to go through many sloughs and ditches, He declared that the Highway Commission later sént a man down to adopt an arbitrary grade line in 1922. engineers and a practical road man were sent over the job. Jack Gavin was engineer in charge of the job, Black said. He declared his belief that personal enmity existed be- tween Gavin and Twichell “which caused much trouble.” Addition.| work was done on the reed. “Is it not customary to have sup- plemental agreements for additional (Continued on page three) APGEE FUNERAL IS PLANNED Prominent Will Attend Many Persons Minneapolis, Feb. 17.—Funeral ser- vices for Federal Judge John F. Me- Gee, who was found dead in his of- fice Sunday, will be conducted at 10 . m. tomorrow at St, Stephen’s Catholic church. Rey. J. H, Gaughan will officiate. Federal ,court will be closed and men prominent in, judi-, cial, financial and, civic, welfare circles will assemble to, pay, tribute to the jurist, who was, broken, men- tally and physically, on the wheel of public service. Associates, physicians and friends today added further evidence to sup- port the conclusion that Judge McGee had become mentally unbalanced through overwork and that he ended haa life when he faced the prospect of failing. for the first time, in com- pleting the task to which he had been assigned. — PEE a ee | Weather Report | ee) For 24 hours ending at noon: ‘Temperature at 7 a. m AL Highest yesterday ., Lowest yesterday . Lowest last night Precipitation Highest wind velocity .. WEATHER FORECAST For Bismarck and vicinity: Mostly fair tonight and Wednesday. Not so cold Wednesday. For North Dakota: Mostly ‘fair tonight and Wednesday. Somewhat colder ‘tonight northeast portion. Not sé cold Wednesday. | WEATHER CONDITIONS The pressure is high over the Mis- sissippi Valley and Plains States, but it is somewhat lower over the north- 0 peratures rose somewhat over the northern Plains States and in Mon- tana while lower temperatures pre- vail over the South and East. Sub wero temperatures occurred in the Precipitation © oceurred the Great Lakes region ‘and upper Mississippi . Valley while elsewhere the weather is generally fir, Elihu Root At 80 a Vi Ripe In Wisdom, Unfailing in Powers BY GEORGE BRITT NEA Service Writer New York, Feb. 17—Elihu Root, born Feb. 15, 1845, has reached his eightieth birthday. Eighty years old, to almost any-' one's thinking, means a feeble wreck, rocking in front of the fire or doz- ing in the sunshine, babbling of trivial memories, sated with life and ready for the benediction. But Mr. Root still has not had! enough of living. He races through a crowded schedule which men 30 years younger might find overpower- ing. He speaks from the knowledge of his seasoned maturity when he ad- vises: ‘As men grow older and live less clusively in the future and meas- urably more in the past, they learn what inestimable wealth has he who, blessed by a host of memories, pre- serves the generous and noble stand- ards created in him without his / knowledge. “There are millions of working men with “shorter hours and more) money who don’t know what to do with their time and are unhappy and discontented, more so now than; when their hours were filled with Jabor, because they have no capacity for extracting happiness from their | surroundings. There ure thousands of rich men who don’t know what to do with their riches, who found that the chief effect of having so much! money is that their children are’ go- ing to the devil because they never acquired the capacity to extract hap- piness from their surroundings ex- cept through spending money.” Happiness is to be sought, he tells one, “through the spiritual re-en- )thronement of those powers of civil- ‘ization that depend upon what men really are, upon the heart and soul and character of men.” Keeping busy seems to be his own iprivate formula for happiness. On birthdays it is different. Then he can be found usually in his library of a morning, taking a walk in the afternoon and celebrating at a little dinner with his family in the eve-! ning. If the‘day is stormy, he puts on a heavy overcoat and walks any- how. It is a little more than 25 years) since he became President McKin- ley’s secretary of war, going, as he says, “to perform a lawyer’s duty |upon the call of the greatest of all our clients, the government’ of our country.” He had then ahead of him ervice as secretary of state andj si (senator, and a host. of, distinguished accompl¥fiments in and out-of office. All those things before 1915 when In 1928 he said, two resident he reached the limiting age of three- | score years and ten! Since that age, however, he presided over the New York constitutional convention, was president of the American Bar As-|tax commissioner is one of the ma-| sociation, was special ambassador to ‘Russia, drafted the plan for the Per- {manent Court of International Jus- tice for the L#ague of Nations, and gave his active attention to dozens jof organizations and movements us president, director or trustee. Blot out the mental picture of an octogenarian and look at Elihu Root | as he may be seen some night of every week and several nights on a normal week. Asti al patri ian in evening clothes, he sits at the head of a banquet table. | There is no senile fussiness over the good food, no trembling of the match as he'lights his long cigar, no hands to the ear as he follows the speakers, no implied begging of odds on account of his year. There is a delicacy in his features, accented by the suggestion of “bangs” in his closecut, white-grav hair, but it -is the keen delicacy of steel. He speaks with fire and pointed- ness apd humor. He fences with -the toastmaster in extemporaneous quips, reminisces perhaps about what Doug ‘Fairbanks once said when they met at the Hague, reveals a speaking knowledge of whatever is the occa- sion of the meeting, be it medicine, art, education, sport or what not. In the end he gets around to real ideas of originality, depth and con- sequence. A year and a half ago England was eager for the honor of receiving ight, shapely, vigorous, geni- | BISMARCK, NORTH DAKOTA, TUESDAY, FEBRUARY 17, 1925 MINERS STILL DIG FOR COLL rile Patrician. Elihu Root ARR eee CONVERSE T0 QUIT POST AS TAX OFFICER: Will Kesign About April 1 to Enter Practice of Law in St. Paul | | C. C. Converse, state tax commis-| sioner, has informed Governor Sor- lie of the desire to relinquish the, post about April 1, it was learned to-| day. Mr. Converse will go to St. Paul to engage in the practice of law with his brother. Mr. Converse, who formerly was a/ lawyer in Williston, was appointed! tax commissioner on December 31, 1921, by Governor Nestos, succeeding George E, Wallace, and was reap- pointed for a term of two years, ex-; piring July 6, 1925. : While no announcement.is made it is understood that. Goy.. Sorlip. has pretty well decided upon an appoin- jtee. The name of former tax Com- missioner Wallace, wlio now is in Washington as an attorney for the Federal Trade Commission, is men- tioned frequently. The position of jor appointments of the Sorlie ad-| ministration. E. M. Crary, state printer, has submitted his resignation to the state printing commission. It is ef- fective, it is understood, April 1. Sames ‘Curran of Bismarck, former | state printer, is understood to be slated for the job. = > Your 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 the income tax law. es oe BY R. A. CONKEY Tax Consultant All persons, in whatever capacity acting, making payment to another person, of interest, rent, salaries, ‘wages, premiums, annuities, compen- sations, or other fixed or determin- able gains, profits and income of $1000 or more in any taxable year! must file with the commissioner of internal revenue at Washington, D. C., a return of information on form No. 1099, a separate form must be filed for each person to whom such payments have been made, also a form No. 1096 must be filed show- ing the total number of forms No. a ae a 4 him as ambassador, not because of his age nor in spite of it, but for the distinction and wisdom the years had brought to this perennially vig- orous spirit. "Such is the man today about whom President Roosevelt remarked years ago, “The greatest man that has arisen on either side of the Atlantic in my lifetime.” Bowman Judge Dies Suddenly Bowman, N. D., Feb. 17.Judge C. E. Taylor, 73, judge of probate of Bowman county since 1918, died suddenly while being rushed on a train from here to an Aberdeen hos- pital. He was taken ill on the 45th anniversary of his wedding. His illness quickly became acute, being due to obstruction of the bowels. Judge Taylor moved to North Da- kota from Iowa in 1908 and home- steaded on @ farm near the City of Bowman. He became probate judge in 1918 and since the change in the law affecting certain counties, has also setved’as clerk of court of Bow- five sons man county: His widow, and ‘two daughters survive. : C. V. Hook, custodian of the court- house building, was named by the county contmission to fill out the un- expired part of the term made vacant by Judge Taylor’s death. ‘Mr. Hook homesteaded in this county in 1908. For the last 12 years he has been city assessor here, 1099 filed by the taxpayer. This is a very important subject to be borne in mind as failure to file returns of | information subjects one to a penal- ty. These returns must be filed on or before March 15, blanks may be secured from the office of the collec- tor of internal revenue. .Corpora-j; tions are also required to file re- turns of information showing amounts and to whom they paid divi- dends during the year. They are not required to report amounts of less than $500 paid to any one person. Income tax return blanks are now being released by the collectors of | internal revenue and those who filed a return last year will receive a blank by mail. The fact that one does not receive a blank does not excuse him from filing a return if in accordance with the law he is liable for one, so if you are liable for a return and have not previously filed one, or if you have changed your address within the last year, you’ should apply to your collector of internal revenue for the proper blanks. If your income is practical- ly-all from salaries and, wages and ‘does not exceed $5000 you should use form No, 1040 A, if your income is from varioug sources, or if it ex- ceeds $5000, you should use form No, 1040. Should there be any items of your return about which you are not certain as to the proper way of handling, assistance can be secured NEW TAX BASE PROPOSED FOR NORTH DAKOTA} $1,000 BONDS This Afternoon Will Con- sider Measure INCOME Measure Providing Publicity |Ccroner’s Jury Holds That For Income Taxes Sched- uled to Pass REPORT BILLS The senate state affairs com- mittee has voted to report the Fargo, Williston, Sanish and Des Lacs briige bills for passage. The house state affairs com- mittee voted to report the addi- tional one-cent gasoline tax bill for passage, providing the addi- tional one-cent tax shall go into a state highway fund. Two tax bills, one making a radi cal change in the tax classification laws of the state and another provid- ing for publicity of income tax Te-|tion of the case and declared that turns, pushed through committee of the whole house to the calendar, third reading and final action to- day. House Bill No. 229 would change |for the tragedy. the flat classification law of two UBLICITY | DRIVER for} himself a poor driver, and who had | AUTO DRIVER ISHELD UNDER. ‘House of Representatives|Coroner’s Jury in Mandan’ Renders Verdict in Fatal | Accident RESPONSIBLE} Driver of Death Car | Was Negligent i | Arthur Marshall, Selfridge, North | Dakota, driver of the car in which | Theresa Naekel, his fiancee, was | riding Sunday afternoon, was placed under $1,000 bond last night for appearance in court later. | States Attorney C. F. Kelsch, who | conducted the inquiry before Cor-| oner J. K. Kennelly in the tragedy | in which Miss Naekel was killed al- | most instantly, declared that he} doubted whether he would file a charge of second degree manslaugh- | ter against Marshall. The states at- | y is continuing his investiga-| he was convinced that Marshall, | been running at a rapid rate just before the collision, was responsible | The coroner’s inquest so held late! years ago and provide that property |yesterday afternoon. | shall be classified for taxation val- uations as follows: Class 1—At 80 percent value, including railroads, other pub- | of lic utilities, together with franchises }and operated by one Arthur Marshall | and all real and personal employed in connection lands and lots, exclusive of struct- ures und improvements thereon; bank stocks, flour mills, elevators,|shall drove and operated his car in| warehouses and store houses of all,a negligent and careless manner, col- kinds, buildings, improvements upon|!iding with an automobile driven by railway right of way, structures and] one Arthur Nustad and which caused | city|Arthur Marshall to lose control of | his car.” e improvements on towns and lots. Class 2—At 50 percent of tru value, including livestock, agricul- tural tools and machinery, gas and other engines and boilers, thresh- ing machines and outfits used there- with; all vehicles, automobiles, , mo- tor. trucks and other driven cars, boats water craft, harness, saddlery, robes and all property not specifically mention- ed. A motion to indefinitely postpone the -bill failed, 48 to 53, and the com- mittee of the whole recommended it! for passage on viva voce vote, after it had accepted an amendment to the printed bill with regard to Class two, the bill originally providing this | property should be assessed at 60 percent of true value. The bill is regarded as a Nonpar- tisan League program measure, Publicity Bill House Bill No. 157, by Rep. Cart, provides for publicity of income tax- es. There also was a large negative: vote against recommending this mea- sure for passage, but it went on the, calendar. The bill provides that in-| come tax payments shall be made a} matter of record in the county audi- tor’s office, where people may see them. The bill provides: The tax commissioner shall also, as soon as practicable after receiving a receipt from the state treasurer for all income tax collections from any county, prepare and certify a list of all persons, firms or corporations paying income tax in said county, giving in detail their names, amount of their incomes and amount of in- come tax paid by them, and shall forthwith transmit such ‘certified ‘statement to the county auditor of said county in which such income tax has been paid and such list shall be made a matter of public record in the office of such county auditor and open to public inspection during all office hours. MILL SAVINGS ARECITED Governor Sorlie Says Salary List Is Cut Governor A. G. Sorlie said today that the annual overhead at the of truc/her death as the result of a collision | property | with a bus operated by the Wetzstein | therewith; |Brothers and driven by Glen Lonie. | horse-power ;* The jurors in their findings de- clared that “Theresa Naekel came to | a Dodge ‘touring car driven} “That immediately preceding the | said’ collision the said Arthur Mar- WESLEY AND‘U’ TOCELEBRATE AFFILIATION House Is Expected to Increasé. The Penalty | (By the Associated Press) Grand Forks, N. D., Feb. 17.—The anniversary of the first and what| officers of the school claim to be the| foremost affiliation between a state) university and a church school will he celebrated at the University of North Dakota by the state university, and its sister institution, Wesley college, here, starting next Sunday, it was announced here today. Begun as an experiment twenty years ago, the cooperative plan be- tween the Methodist school and the North Dakota state school “has be- come an assurance and a stepping stone to the further development of higher education in the United! States,” the university and Wesley; college heads said today, through the university's extension division, which! has prepared a history of the affilia- tion. The first suggestion toward rela- tion of church schools and state schools, according to the history pre- pared by the extension division, was made by Dr. R.'T. Ely, author of re-} igious works, to Dr. E. P. Robert- son, presiding elder of the Winona,| Minnesota district of the Methodist| church. The pair were crossing the campus of the University of Wiscon- sin one afternoon in 1898, when Dr. Ely said, “There’s something wrong here—thousands of young people there and the church. absent.” Tn 1899 the Red River Valley Uni- versity of Wahpeton, N. D., invited Dr. Robertson to become its presi- dent and he took charge of the sev- enty-year old school, with a campus of eighty acres and one building. In addition to its religious courses, it offered students commercial work, music and complete courses leading! to a B. A. degree. That winter, with other presidents, | he attended the educational associa- tion meeting at the university, and Grand Forks mill and elevator had been reduced considerably since the first of the year. Figures made public by the Gover- nor showed the annual cut would here President Merrifield repeated practically the same words Dr. Ely‘ had said, telling Dr. Robertson, “You | belong here.” The following April,the state uni-| amount to $54,830.00, based on the|Versity president addressed the an- and | nual state conference of the Metho-; The| dist church at Grand Forks, at the! difference between December February (estimated) expense. December payroll was $11,891.68 and | Féquest of Dr. Robertson, on the sub- is | ject that was then impressed on his $7,521.68. A large part of the saving| mind, after the two mén had spoken {reduction was cutting out of the} the estimated February payroll $1,000 monthly salary of C, E. Austin, former general manager. was. $1,140 monthly. of salesmen employed by the mill has been reduced to about 10 or 12] avail themselves to whatever extent from about 27, it is understood, Actid temperatures are no intense than’ those expérienced in the by calling at the office of the col- lector of internal revenue, or in most esses your bank can furnish the ne- cessary information, a northern part of the United States. The American drug tiade attained} in Bismarck on March 10, with Judge The sales} Merrifield extended to “the force expense was reduced $2,145| dist church and all others in monthly, the office force reduction| state, a most cordial invitation to The number] build homes for their young people more} museum.” if. it. Thus on Apri] 13, 1900, President Metho- the bout the university campus and may seem desirable of the class in- struction, library, laboratories and Federal Court Term A term of federal court will open | Opper picture shows where. THE BISMARCK TRIBUNE. | FINAL EDITION PRICE FIVE CENTS Collins at Sand Cave, Kentucky. Lower picture shows electrical plant | at mouth of cave, which v rmth to Col s over a light circuit. Over this circuit radio tests w ken to determine whether Collins w ing. I SHAFT TO COLLINS haft was sunk to cave “tomb” of Floy SIX MEN DESCEND INTO CAVE TO KELLOGG ON WAY TOU.S. Ambassador to Become Sec- retary of State London, Feb. 17. — Ambassador Kellogg and Mrs. Kellogg left this afternoon for Southampton from where they will return to the United States on the Berengaria. Mr. Kel- logg will succeed Charles Evans Hughes as Secretary of State. Is CONFIRMED Washington, Feb. 17.—The nomina- tion of Frank B. Kellogg of Minne- sota to succeed Chas. E. Hughes as secretary of state, was confirmed by the senate. Action was taken unexpectedly and without consideration of the nomination ‘by the foreign relations committee, Chairman Borah had pected to take up Mr. Kellogg’s a pointment in the committee toda No opposition was offered to con- firmation, senators said, and senate |action came with practically no dis- cussion. Former Mandan Rail Man in Shooting Case Mandan, Feb. 17.—J. C. Barber, formerly a Northern Pacific brake- man running between Mandan and Dickinson and who has lately been employed out of Forsyth, Montana, shot and: killed his wife, and wound- ed his sister-in-law, in an affair at Chicago, late Satueday night, it has been learned here. No details are available. Mr. and Mrs. Barber had been separated for about two years. + BULL CHARGES WINDOW Manchester, England, Feb. 17.— Bright red scarfs in the show win- dow of a Manchester haberdashery attracted the scorn of a bull being led through the city streets by Ar- thur Mack, a farmer, The bull charged the window, shattering the IDENTIFY BODY OF FLOYD COLLINS Part of Body May Be Cut off To Provide Positive Identi- fication for Family, Says Officer in Charge. City, Ky., selected’ by Magist Turner went the rescue aft this morning at the instruction of J. Lewis Williams, commonwealth , at- torney, to make a report to him and identify the body. The detailed re- port of the men then will be given to a special coroner's jury Capt. J. L. Topmiller, a member of the itary court of investiga- tion, this morning, said that the findings of the corner’s inquest would be read into the records of the mil- itary court and probably would con- stitute the final session of the pres- ent military investigation. While the men were down in the shaft H. T. Carm{chael (issued ja statement saying that in view of the known danger workmen would be subjected to if they resumed oper- ations on the lateral, the inspectors who now are in the shaft probably would sever a portion of the Cave victim's body, suchas a finger, hand, wrist, ear or any available small portion and bring it to the surface where it would be turned over to officials for identification by mem- bers of the Collins famil; Mr. Carmichael then said it would probably be taken down the shaft, deposited beside the remains, large rocks and other debris rolled into place to seal the body in its already natural tomb. Mr. Carmichael announced that a seventh man, “Al Mattox, one of those who reached the entombed man’s side in the first few days of his imprisonment, also had gone down the shaft, washed the dead man’s face and twisted the body into such a position that it could be identified more easily. 17.—Six men te down into LIGHTS THAT FAIL Hull, England, Feb. 17,—When the lights went out du of Carl Campson and Alma Sagg, the man and woman lefé on their hon moon before the ceremony Was eom- & total volume of $800,090,000 in 1924. Miller presiding. glass and tore up the display of clothing. ‘ pleted, parents of the couple Police arrested the boy and girl in London, ig the wedding say. NS’ BODY TO AMPUTATE FEET HELD IN CAVE IS PLAN Doubtful If He Can Be Extri- cated From Rock Which Held Him Fast DEATH TIME UNCERTAIN If It Were More Than 2t Hours Doctors Cannot Tell How Long BURIED IN CAVE Cave City, Ky., Feb. 17.—The body of Floyd Collins will be kept in his natural tomb and his funeral services will be held this afternoon at the mouth of the shaft which was dug to res- cue him but in vain. His aged father, Lee Collins consented ‘to the arrangements after Dr. Wil- liam Hazlett of Chicago had himsefl examined Collins and pronounced him dead. Seven friends of Collins crawl- ed down the tunnel to identify him as members of a coroner's jury including Magistrate Clay Turner, the acting coroner, “Everything has been done that scould have been done and man’s ingenuity and man’s machinery has failed,” said Mr. Collins. “No more lives should be sacrificed in further attempt to remeve his body.” Dr. Hazlett came up the shaft and said that he had identified Collins through a gold front tooth. He said Collins had been dead three to five days. Magis- trate Turner said that he had seen and recognized Collins and felt confident that there was no way to remove the body without great risk. Meantime work was proceed- ing rapidly to remove the ma- chinery around the shaft. “Someone was always starting rumors,” that was the plaint of the many , newspapermen and phctographers sent here. Here's what they have gone through during the last week: Sand Caye. is.seven. miles fram _ Cave City and the road is bumpy all the way. All of the corres- pondents sleep at a hotel but have telephones and assistants at the cave. Naturally each man was ‘trying to beat the others, but with annoying regularity a rumor would be broadcasted be- tween three and four every morning. TO CONTINUE WORK Cave City, Feb. -17.—(By the A. P.)—Citizens of Cave City to- day pledged $1,000 to further work of recovering Floyd Collins body with the stipulation that if the rescue work was unsucce! ful the sum would go to a me- morial to Collins. Cave City, Ky., Feb. 17—(By the A. P.)—Seven men, who de- scended into the Sand Cave shaft and own to where Floyd Collins was found in his natural prison, reported to T. C. Turner, acting coroner of Barren county, this noon, that each man in their par- ty had identified Collins and would swear that he was dead. The men all live in the Cave City district. Cave City, Ky., Feb. 17,--(By the A. P.)—Revealed, but not recovered, the body of Floyd Collins today still was lying in the natural tomb which has been his for more than 17 days, while jaded miners, spurred on by the realization that at last they had found the cave explorer, pecked away at the limestone roof of Sand Cave. Without warning, the roof caved in yesterday afternoon and it was an- nounced officially that Collins had been “apparently dead. A short time later Ed Brenner of Cincinnati, had gone, head-first, in- to the hazardous pit and under phy- sicians’ directions, made a superfi- cial examination of the trapped man. Doctors expressed the opinion that he had been dead for 24 hours. Saddened by the realization that their long struggle with the inscrut- able forces of nature had failed, in- sofar ag rescuing Collins alive, the tappers continued to toil all night, timbering and excavating in the eight feet beyond where their lateral struck the original avenue. To Amputate Feet Collins’ feet probably will remain forever in the spot where they were pinioned by a falling boulder. The perilous task of finding the body ‘be- ing accomplished, H. T. Carmichael, in charge of the rescue work, was un- willing further to .risk the lives of the miners in removing the bouldez. Surgeons went into the pit early today to attempt to amputate Collins’ feet but were unable to reach him. The body was almost covered with dirt and rock Which must be removed before a medical examination can be made. With the consent of the Collins family, physicians will amputate one or both feet, when. the hole has been made large enough for them to en- ter. eer It was reported late last night ti a