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

~ ~ ‘equity case’ are on the calendar as/ WEATHER FORECAST Partly Thursday, overcast tonight and ESTABLISHED 1873 | . THE BISMARCK ' BISMARCK, NORTH DAKOTA, WEDNESDAY, MAY 27, 1925 A ae TR AEE PRICE FIVE CENTS NEW INDICTMENTS IN OIL SCANDAL ZONING LAW UPHELD BY JUDGE BERRY Grants Injunction Restrain- ing Hughes From Continu- ing Work on House FIRST TEST’ OF LAW Case to Be Tried Again; on Question of Perma- nent Injunction Judge H. L. Berry of Morton coun- ty, sitting in Burleigh county dis- trict court yesterd~y, granted a tem-; porary injunction tv the City of Bis- marck restraining W. H. Hughes | from continuing work on a four-| family dwelling house at the cor- ner of Seventh street and Avenue C, declared not in conformity with a city zoning ordinance enacted under authority of the 1923 zoning act of the state legislature. Judge Berry announced that the case would be tried on the question of a permanent injunction on ten days notice by either party. This was the first test of the zon- ing act by any court in North Da: kota. W. L. Hughes, attorney for Hughes, attacked the validity of the zoning act. He declared it was un- constitutional in that it was taking! private property without due com-| pensation. The sole allegation, he! said, was that the building was flush on one street when the zoning or- dinance required that it be ten feet from the property line, and that it] was 15 feet from the sidewalk on! another street when the ordinance required 20 feet. Such an ordinance, he stated, was enacted to meet an aesthetic standard. The ordinance and the state law were defended by C. L. Young, city attorney. H Hughes was notified by the city! commission several weeks ago that) the building, which was in course of construction, did not conform to the provisions of the city zoni@; or- dinance and he was ordered to move the foundations back to the required distances from the property line. Hughes appeared before the commis-| sion and asked that an exception be: made in the case. ‘The matter was/ referred by the commission to the zoning board and the board held that the building should conform to the goning ordinance. The city commis- sion upheld the ruling of the zoning hoard and Hughes was so notified. When Hughes continuéd the con- struction work on the building, the city secured a restraining order against him and the injunction was asked. The city will ask the court to make the injunction permanent, UNITED STATES | DISTRICT COURT IN SESSION HERE Judge Andrew Miller of Fargo is hearing cases in the United States district court here tiis week. Three follows: Powers Elevator company vs. Grant} Grain company. Crooked Lake School District No. 26 vs. F. M. Davis, receiver for the First National Bank of Turtle Lake. | Stockvards Mortgage & Trust com- pany vs. John Topp and others. f” Weather Report o 4 For 24 hours ending 7 a. m. Temperature at 7 a. m. . Highest yesterday . Lowest yesterday Lowest last night Precipitation ... Highest wind velocity WEATHER FORECASTS For Bismarck and vicinity: Part- ly overcast tonight and Thursday. Not much change in temperature. * For North ‘Dakota: Partly over- cast tonight and Thursday. Some- what ‘warmer in northwest -portion | tonight, i GENERAL WEATHER CONDITIONS The high pressure area is center- ed over the Great Lakes region and low pressure prevails over the West. ion occurred. throughout and at other widely scat- tered places west of the Mississippi River, Fair weather is general in the East. Cool weather prevails through- out the northern states, NORTH DAKOTA: CORN AND WHEAT REGION SUMMARY For the week ending May 26, 1925. The weather during the week was generally favorable, though high temperatures on the 19th and 2ist |. and deficient precipitation in some sections retarded the growth of crops. Spring wheat, barley, oats and speltz are recovering from the freezes of last week. : Marly planted corn snd flax are up to good stand and color atid the late planting is well advanced: Ranges, pastures and meadows generally need rain. Livestock are in good condi- tion. Much highway wotk is under way and roads are good to excellent. OBRIS W. SORRETA, Be OGicial ip charge. 46 64! AT a4 + 46 . 6 i POPPY SALE CHILD a ST ATE DRILL With her hands in stocks and’ tied with a rope around her neck, Mar- jorie Elizabeth Neher, 6, was found in the attic of the home of her foster parents, Mr. and M Anthony Neher of Chicago. ams of t child caused neighbors to call police. OPENS TODAY ; Legion Auxiliary Women in Charge of Distribution Poppies were placed on sale in Bis- marck this morning and scores of men and women were weating the official flower of the American Le- gion by noon. The sul i conducted undey the dir Bismarck American Legion auxiliary and the flowers are being sold by Legion women and school girls, ‘The proceeds of the sale will go for the relief of disabled veterans. Mrs. Ferris Cordner is the chair- man in charge of the sale, Mrs. Gerald Richholt and Mrs. GC. E. Knudtson are conducting the sale to- day and headquartei®, have been es- tablished in the Association of Com- merce rooms, The poppy sale will continue until Saturday noon under the direction of the following Legion Auxiliary women: 3 Thursday—Mts. E. F. Trepp and Mrs. Ray Stair. Friday—Mrs. L. P. Mrs. A. D. McKinnon, Saturday—Mrs. N. F. Charrier and Miss Margaret: Wynkoop. Warren and POPULATION OF FARGO IS 24,921 Fargo, N. D., May 27.—Fargo has a population of 24,021 this year compared to 21,961 in 1920, 14,331 in 1910, and 9,589 in 1900, according to final, returns in the state census enumeration which were filed recent- ly with F, Ford Doherty, Cass county auditor by John Wetz, city assessor. The figures for Cass county which have not yet been compiled com- pletely are not due until July. Barely 2.1 percent of the residents of Fargo are aliens, and 90.8 are na- tive born Americans. The city has 9,854 families, and 4,696 dwellings, and only 503 persons in the city who are not citizens, the tabulation shows, - There are “10,935 native white males, 11,660 native white females, or a total’ of 22,595 native born white persons in. the city as compared to 2,282 foreign born white persons of whom: 1,220 are male and 1,062 are female. Of 44 colored persons in the city, 29 are male and 15 female. TO PURCHASE “LARGE SHIPS (By The Associated Press) Detroit,.May 27,—William B. Mayo, chief engineer of the "Ford Motor Company, expects to visit next week. in the east to inspect seven of the fourteen refrigerator ships with the U. S. Shipping boatd. They are tied idle at Hog Island and Caldwell, N. J. If an examination shows that the vessels are seaworthy and refittable at nominal cost and can be purchased at reafonable cost, it is understood thatthe Ford company plans to buy them. | \ A copyright story in the Detroit Free Press tells that Ford expects to use the vessels to carry Ford mo- tor cars along the South Atlantic and South American coasts. They will bring back cargoes of fruit, : > TITLE IS WON Takes First Place in Con- test at Convention of Knights Templar BIG PARADE HELD Dinner and Dancing Party Ends First Day’s Session of N. D. Meeting ‘The Bismarck commsndery dill team, captained by George H. Russ, won first place at the competitive drill exercises held at the the annual state convention of the Knights Templar of North Dakota in session Tuesday and this morning in Mandan. Minot and Fargo were the other contenders and placed in the order named. This morning’s session was given over to routine business and electian of the state officers. Otto Bauer of Mandan is the: retiring Eminent {Grand Commander of the Knights Templar of North Dakota. The state commandery band head- ed the parade of the two hundred Knights in attendance through the streets of Mandan at 2:30 o'clock yesterday afternoon following church services in the morning and a lunch- eon at noon. were followed by drill of the entire state commandery which was con- cluded with the flag salute, The band played impressive military music duging the ceremony. At 5 o'clock a lunch was served at the field to the members who were forc- ed to leave the convention early. The dinner at 6:30 o'clock in the new Masonic temple was followed by a theatre party and later ball at the Temple. Many Bismarck women, who did not go for the entire day's program, spent the evening in Man- dan enjoying the social events of the convention. The committee chairman for convention were: F..W. McKendry, transportation; D. 'C. Mohr, music; visiting ladies, Mrs. L. N. Cary; parades, George H. Russ of Bismarck; parade grounds, A. O. Henderson. ‘All of the men except Mr. Russ were of Mandan. The ladies committee chairmen, serving under Mrs. Cary were: Mrs. Otto Bauer, Mrs. B, S. Nickerson, Mrs. Ed Miller an dMrs. H. B. Par- sons, all of Mandan. [AWARDS MADE BY ROTARIANS of the Prizes Given Pupils Bismarck Schools an address given by the Rev. F. H. Davenport at the Rotary club lunch- eon today. He emphasized the duty of Americans to keep green the mem- ories of the men and women who gave their lives for the ideals of this country. . Dr. R. S. Towne, chairman of the committee on relationship with the schodls, infroduced Clyde Young, who presented the annual Rotary awards as follows: history, Laura Fairbanks; economics, Olga Neuge- bauer; civics, Robert Nuessle. Miss Elizabeth Jones thanked the club for their interest in the school work. Walter F. Cushing, formerly of Bismarck, told what has already been done with regard to the proposed Roosevelt Park in the Bad Lands, and what was to be done. He told of the trip through the region which is soon to be made with the govern- ment represéntative who is to re- port upon the advisability of the project, : Guido Vedova, violinist, played and sang a selection of his own com- position. Visitors included: Blanding Fish- er, Gilbert Haggart, Allen Hague, Walter Stockwell, John Gould, J, F. Taylor, Fulton Burnett, Swart Hen- ry, “Miff” Graham, and F. W. Mc- Kendry. J. 5. MacLeod announced his plans for the annual school track meet to be held at the baseball park tomor- row afternoon. MRS. EMILY ODE IN RACE FOR ‘SCHOOL BOARD A fifth candidate today entered the lists for the school election to be held next Tuésday, in the filing of Mrs. Emily B, Ode of 1103 Thir- teenth street, wife ‘of Herman Od dairyman. ‘There are two vacanci to be filled. Candidates to date ai Mrs, Ode, Mrs. Kling, George Re; ister, Carl Kositeky and William Harris! The school election will be held in the Willam Moore school \ ! puilding, ‘ ae Ps BY BISMARCK fair: grounds late Tuesday afternoon at) | ; Atter 20 years of pulling the buggy in which Dr. George T, Harding. 81, of Marion, O., father of the late president, made his calls, “Dolly” |has been sent to pasture. In her place has come a flivver. “I like a horse” says Doctor Harding. “But one has to keep up to the times.” The competitive drills at the field; “Memorial Day” was the subject ot} | TROTSKY GETS HIGH OFFICE IN GOVERNMENT | (hy The Associated Press) Moscow, May 27.—It was officially | announced today that Leon Trotzky, |former war minister, who had re- cently been in political disfavor has been appointed i member of the Presidium of the Supreme Economic Council and chairman of the general concessions committee, BISMARCK MAN | NAMED DEPUTY BY TEMPLARS; George H. Russ Given High; Office; Fargo Chosen Convention City (By The Assoclated Press) Mandan; N. D., May 27.-Fargo was chosen the convention city for the 37th annual conclave of_ the ‘Knights Templar for 1926 this morn- ing at the concluding session of the imeeting here today. John H. G Turner of Funnel was advanced to the office of grand commander. The commandery st Minot was awarded the William D. Henry Cup for the most efficient organization and best record for the past year. This is the second consecutive year, and the third time in six years, tha Minot has won the cup. | George H. Russ, Bismarck, was elected deputy commander; Archibald | D. McCannel, generalissmo; George H. Homestead, Minot, captain gen eral; Alfred Steel, Jamestown, grand senior warden; Theodore S, Henry. Valley City, grand junior warden; Li roy Baird, Dickinson, sword bearer Maneville H. Sprogue, Grafton, guard warden; Fred J. Allen, Wahpeton, grand captain of the guard. William J. Hutcheson, Fattgo, prelate: ) E. Guthrie, Fargo, treasurer; Walter) D. Stockwell, Fargo, grand recorder: | and Ralph L. Miller, deputy grand recorder, were reelected. NEW OFFICIAL ' NAME IS GIVEN TO RUSSIA Advice has been’ received at the Bismarck postoffice from the Len- ingrad office that the name “Russia” should no longer be used in the ad- dress of correspondence, as the new official name of that country is “Union of the Socialistie Soviet Re- public.” The use of the initials “U. r other initials to indicate /the namé of the country should be avoided, in order to prevent con- fusion’ or the possible return to origin as undeliverable of articles improperly addressed. DR. COULTER | MEETS WITH STATE BOARD Dr, Joho Lee Coulter, president of ithe North Dakota Agricultural col- lege, is in Bismarck today meeting with the State Board of Administra- tion. The Agricultural college bud- {get for next college term is being considered. ALMOST LIBERAL Middletown, Conn, May 27—A near-sighted man placed a gold piece in the church collection. The next day he sought the church treasurer and said he had intended to contri- bute ® penny. When the treasurer gave him back his gold piece, he was so gratified that he gave the of- ficial a quarter, after contributing the penny'to the church. »/ WORLD'S BIGGEST LOAF Minneapolis, May 27—A loaf of bread said to have been the largest lever baked recently was made here. Tt was 60 feet long and contained more than 400 Pounds of flour, CROWE SIFTS CHARGES OF JURY FIXING ing Witness in Poison se Hunted; Mystery Surrounds Probe (By The Associated Presa) Chicago, May 27—While Robert. White, fugitive witness on whose tes- timony the state largely rests its hope of convicting William D. Shep- herd for the murder of William M. McClintock was being sought in New York today, the states attorney of- fice proceeded with its inquiry into allesed jury fixing attempts. States Attorney Crowe traced White to New York last night and expected his arrest there today. Meinwhile the formal arrest of James J. Kelly last night turned the prosecutor's office into a buzzing hive of activity around which Mr. Crowe threw a blanket of secrecy. Kelly was named in a letter purport- ed to have been written by White in Philadelphia which charged he had been forced to flee from Chicago. Kelly admitted having been with White and Arthur E, Byrne, inves- tigator for Shepherd, the night be- fore White left the city. “Kelly was told a lot,” said As- istant States Attorney Paul Sav- e after the sudden rush of acti- vity had started. Mr. Crowe’s only announcement was that Kelly had made admissions which “implicated White.” The Chicago Tribune says today hat Kelly made the statement: “I saw White the night before he disappeared. He told me for $5,000, ‘he would make an affidavit changing all the testimony he had given be- fore the grand ju DICKINSON EDITOR HOME FROM HAWAII Dickinson, N. D., May 27.—"Go where you will, there is no place like North Dakota and home,” declared E. L. Peterson, publisher of the Dickinson Press, upon his arrival |here from Hawaii, where he, together with 42 other newspapermen jand seven congressmen, accompanied the United States naval fleet for its maneuvers, as guests of the secretary of the navy. “Business in western coast cities is not what it should be at this time of year and in some places is greatly overdone. People with money are making more but the poor man has little chance,” Mr. Peterson said. Tiger’s Grandson Will Become _U.S. Citizen Seattle, May 27.—(AP)—Georges Gatineau, grandson of Georges Clem- enceau, the Tiger of France, is an automobile salesman in Seattle. He is.a son of Andre and Therese Clem- enceau Gatineau. Gatineau was personal secretary to his grandfather, the Tiger of France, until he joined the French army in 1915. He served in many major en- gagements near, Verdun. After the war, Gatineau narrated, he spent an inheritance of more than a million francs in gambling resorts in Western and Southern Europe. When his money was gone, he work- ed his way to Singapore, back to Par- and South America and Seattle. Here he has taken out first papers to be: come an American citizen. SINKS UNDER BRIDGE Berlin, May 27—To pass under low bridges on the River Spree, ‘ex- cursion steamers have been equipped with large water tanks, which when filled will, lower the vessel just enough so that it can pass under the +| bridge. bx is, to New Orleans, Boston, Central FOR OUTRAGE IN BULGARIA Kral Cathedral Pay Extreme Penalty THREE MORE TO DIE Thousands of Persons See Communist Plotters Put to Death (By ‘The Associated Press) Sofia, Bulgaria, May 27.—Three of the leaders in the recent bombing of the Sveti Kral émthedral in which 116 persons were killed were hanged here today. The men executed were: Zadgorsky, Mstodian of the cathe- dral, Freidman and Koeff. Three more persons have been sen- tenced to death for their connection with the plot whieh culminated in the bombing. All were convicted of sheltering the conspirators. A woman, Madamoiselle Ledger was sentenced to life imprisonment. The men were executed in a public square in the presence of thousands of persons. Troops formed lines about the execution place which was just behind a Jewish cemetery. Half an hour before the men were hanged the sentences were read. Koeff mounted the scaffold first. A gypsy executioner adjusted the noose around his neck. Zadgorsky came next, pattering up the steps with difficulty. Freidman, the last to mount the scaffold, ap- proached the hangman with his head held proudly erect. LIONS ELECT NEW OFFICERS Dr. F. B. Strauss Is Named President of Club Dr. F. B. Strauss was elected pres- {dent of the Bismarck Lions club for the ensuing year at a meeting of the |club held in the Lions Den of the Grand Pacific hotel. Other officers were named as follows: First vice president, Thomas Hall; second vice president, William Har- ris; third vice president, Obert Olson; secretary, Dr. C. D. Dursema; treas- urer, S. G. Severtson; lion tamer, Frank Snyder; tail twister, E. M. Hendricks; membership committee, Fred Peterson, Dr. A. M. Fisher and S. W. Robertson; board of directors, R. W. Folsom and C. J. Hammel. Plans were formulated and dis- cussed for the annual district con- vention of the Lions International to be held at Hibbing, Minn. on June 1 and 2, The Lions all appeared in the costumes, in which they will represent the Lions Club of Bismarck at the convention. The members were all armed with heavy artillery, which resounded throughout the Den, and added to the excitement and merriment of the luncheon. R. W. Folsom was selected as a delegate to the international conven- tion which is to be held at Cedar Point, Ohio, on June 29 and 30. Lion Fink of Grand Forks was an out-of-town guest of the club. “U” ARMORY _ JOBS LET BY. STATE BOARD Grand Forks, N. D., May 27.—Con- tracts for the proposed addition to the armory at the University of North Dakota have been awarded by the state board of admi ration. The general contract was given to Thorwaldson & Johnson, and the plumbing and heating to Harry Helps, both Grand Forks firms. These contracts and the work to be done by university workers will bring the total cost to about $20,000, the amount appropriated by the 1925 leg- islature. The addition will be of two stories, 50 by 76 feet in size. Work is to be begun soon and the addition is to be completed by Sept. 1, next, Indian Given Prison Sentence In U. S. Court Eugene Means, 50, an Indian clerk in the reservation at Standing Rock, entered a plea of guilty to a charge of embezzlement in United States District court here this afternoon and was sentenced to the federal penitentiary at Leavenworth for four years. Means was arrested several weeks ago. He appeared before a United States commissioner and was held to the federal district court. He was in jail in Mandan while awaiting trial. | It was charged that Means stole systematically from the Indian agency and his thefts totaled a large sum of money. ‘The Indian is being held in the Burleigh county jail pending his re- moval to the federal prison. A pine t recently cut down in Crater Lake National Park was es- timated to be 600 years old, a qa ze: oes NUMBER PLEASE cre i Marie McKay is the prettiest tele- phone operator in Kansas City. Three hundred girls competed in a beauty contest. FIFTY MINER ENTOMBED IN COAL SHAFT Dense Gas Fumes In Mine Halt Rescuers; One Body Recovered ; (By The associated Press) Raleigh, N. C., May’ 27.—A report received at a: railroad office here at noon today said that 55 men were entombed in the mine of the Car- oline Fall Company eight miles from Sanford as a résult of a gas explosion. The report added that fumes were so dense that no progress had been made in clearing shaft to reach the men shortly before mid- day today. A telephone call from Sanford au- thorizes the statement that one body had been recovered and that more than half in lower levels than where the ex- plosion occurred. APPEAL FOR HELP Pittsburg, Tenn., May 27.—An ap- peal for help for the Caroline Coal « Company by the U. S. Bureau of Mines, headquarters | here, today, caused the chief engineer, D. J. Car- thers, to order rescue cars from the West Virginia Mines to near San- ford, N. C. BODIES RECOVERED Gainsboro, Ny C., May 27.—A mes- sage was received by the chief dis- patcher of the Atlantic Railway Co., stating that six bodies have been recovered from the mine. BIG DIRIGIBLE PROMISED FOR NORSE FETE, (By The Associated Press) Washington, May 27.—The airship Los Angeles will go to the Minnesota state fair grounds June 8 for the Norse-American celebration there which will be addressed by President Coolidge. Leaving Lakehurst on June 7 the big craft will reach the fair grounds on the forenoon of the next day. In addition, William S. Brooks, repub- lican national committeman of Min+ nesota, announced today that the war department had assured him that a contingent of airships from nearby fields would be sent to the eelebration. JARDINE LEAVES FOR TOUR OF WESTERN STATES (By The Associated Press) Washington, May 27.—Secretary Jardine left today for a seven weeks tour of inspection for the depart- ment ‘work in the west. He was accompanied by F. M. Russell, as- sistant to the Secretary. Mr. Jardine will deliver an address in Chicago Friday before the Mid- west transportation conference; on June 6 he will deliver the commence- ment address at the Agriculture Col- lege of Utah, Logan; June 13 at the opening of the Wendover Road, » cut link of the transcontinal route from the east to San Francisco; June 18 to the electric light Association of San Francisco; July 4 he will talk to farmers at Mandan, N. D., and on his way home will make short stops ‘at St. Paul and Omaha. ARCTIC GAME RESERVE Pari: May 27.—The government has set le several islands in the! Antarctic as game reserves for sea| lions, polar bears, walruses and other, arctic animals. . r =a a hundred were at work, FALL, DOHENY AND SINCLAIR FACE CHARGES in Accused of Conspiracy Connection With Teapot Dome Lease SUBMITTED ‘VIDENCE Grand Jury Hears Testimony Presented at Senate Investigation (By The Associated Press) Washington, May 27.—Alfred Fall, Edward Doheny and Harry F. Sinclair, whose indictment as a result of the oil scandal were ently dismissed on a techni- ity, were reindicted today by a grand jury of the District of Columbus. ‘As in the previous case the in- dictment charged ‘conspiracy in connection with the Teapot Dome and Elka Hill affairs. Edward L. Doheny, Jr., who had previously been indicted was not included in the indictment today. The original indictment returned here last summer was thrown out of court April 3 on the grounds that an officer of the department of justice had been present in the room and that his presence was illegal be- cause the prosecution of the case was in the hands of the Government oil committee. With a reassembling of new jury- men, witnesses who had appeared in the first indictment were recalled and much of the evidence given’in the senate oil inquiry was resubmitted. In the main indictment returned to- day followed the charges of those dismissed but in-some respects was changed. NOTED MAN IS SECURED FOR SPEAKER Roy L. Smith to Give Address at June Forum Meeting of Association of Commerce Preparations are being made to accommodate a large crowd at the June Forum dinner of the Associa- tion of Commerce to be _ he Monday evening at the Grand Pacific hotel. The Kiwanis club will have charge of the program and the Dynamo Division of the association will have charge of the ticket sales, Thursday and Friday, under the di- rection of Dr. Harry Brandes. Res- ervations may be made at the Asso+ ciation of Commerce offices on Main street. The address of the evenine will be made by Roy L.. Smith of Minne- apolis. He is noted as one of the most inte¥esting speakers and writ- ers in the country and has had an eventful life. At fourteen year’ of age he was traveling from town to town paint- ing signs to pay his way through school. Before entering college he had worked as a mill-hand, a me- ehanic’s helper, @ farm laborer and a janitor. At nineteen he was paying his col- lege expenses by singing, painting signs and reporting for newspapers. At twenty-one he was preaching in a western town and lecturing in near- by communities. At twenty-five, Dr. Frank W. Gunsaulus invited him to come to Chicago as his associate. At twenty-eight he had received de- grees from three well known univer- suis He is a man of many inter- ests. Bismarck Has Population Of About 8,500 Bismarck Population of about 8,500, or an increase of 1,878 over the population ‘of the city as shown by ithe 1920 census, according to an stimate made by M. H. Atkinson, city auditor, who is taking the cen- sus. Mr. Atkinson bases his estimate on $he work he has done to date to- ward covering the city. He has counted a few more than 6,500 and expects to complete taking the cen- sus in about two weeks. Mr. Atkinson has found. that aa average of 5.6 persons reside in one house in Bismarck. The smaller the house, he finds, the more people live in it. West of Fiust street and north of the tracks, an average of 4.8 per- sons reside in a dwelling. The census is being. taken in com- pliance with a state lew'that requires that the census be taken every ten years, EE es KNIPE HAS 75 BLADES Sheffield, Eng., May 27.—Some of the smallest knife bledes‘ever made are contained in « iknife Tecently completed by William Bamforth, member of s cutlery firm here. It contains 75 blades, many of which are ornamented with designb-that are considered among the finest ii ied x ri TRIBUNE [Pan]