The Bismarck Tribune Newspaper, December 4, 1925, Page 1

WEATHER FORECAST Somewhat unsettled tonight and Saturday; rising temperature Sat. ESTABLISHED 1873 HE BISMARCK TRIBUNE|™ BISMARCK, } ORTH DAKOTA, F RIDAY, DECEMBER 1, 19 EDITION PRICE FIVE CENTS RUM SMUGGLING SYNDICATE BELIEVED SMASHED JUDGE COFFEY RULES AGAINST REASSESSMENT Failure of County Board to Review Same on Novem: ber 2 Is Fatal APPEAL , WILL CASE Question of Law’s Constitu- tionality Left to High Court to Decide ‘ November 2, 1925, was a fatal day for the special reassessment of the city of Bismarck. Failure of the Burleigh county hoard to meet on that date to review the reassessment and hear such grievances as might have been pre- sented was a failure to comply with the letter of the law, Judge J. Cof- fey held last night, following argu- ments on the merits of the action brought to obtain an injunction against the ssessment, and conse- quently the reassessment is vo The history of the Bismarck re assessment case has been presented through these columns several tim and needs no repetition. According tu previous arrangement the matt was brought before Judge Coffey evening for final argument. J. M. Aanley of Mandan presented the case for the defense and Ed. Cox and Alfred Zuger argued in’ behalf of the plaintiffs. Arguments for both sides were for the most part supple- . mentary to lengthy briefs which had been presented to the court and dwelt mainly on two points~ the constitutionality of the law of 1919 under which the state tax commis- sioner had ordered the special ment, and whether or not the commissioner: had any: autho ton Nov Jaber 16, as they did, to sessment. Plaintiff's Contentions Attorneys for the plaintiffs con- tended briefly that the 1919 law was unconstitutional in that it do not set any definite date and time of hearin assessment ordered by FIVE TONS OF STEEL TAKE A RIDE SCHOOL HEADS — TO DECIDE ON BUILDING NEED | Will Present Plans for 10- year Program to Board of Administration 10-year build) \ institutions of] i by! for each of the state higher the i progrs learning be prepared tutions presented to the state of ministration by February 1, R. Murphy, president of the board, today following the initial ses- of state educ: who opened | n heads of such ins’ board here sion ye the tax commission, specifying only e hearing shall be held on th Monday of the. month following the filing of the reassessment, and al- so that the law does not provide for any notice to taxpayers aifeeted thereby. The ever, was th sioners did plaintiffs’ main point, how- it the county commis- t meet on the first Monday of November-—November 2— as provided in the 1919 law und therefore any later meeting held by them had no legal effect und the re- assessment had failed. Defense attorneys claimed that the meeting of the county commissioners held on November 16 was legal 2 cording to the provision of a law passed by the 1925 legislature, which that the county board shall meet. upon published notice not more than 30 days after the filing of the rea ssment, and that the law of 191 nd the law of 1925 referring to r assessments should be considered to- gether in arriving at a decision in the matter. The 1925 Law Plaintiff's answer to this point was that the provision of the law of 1925 « regarding the time of meeting of the county board referred only to reas- sessments which may have been or- dered by the county board and not to reassessments ordered by the state tax commission. The law of 1925, according to plaintiffs’ attorneys, re- fers only to rea: ments ordered by the county board, with the exception of one paragraph which provides for the paying of special assessors en- gaged by the state tax commission when that body! orders a reassess- ment, inasmuch as the of 1919 did not maké such provision. De- fense counsel contended that the law of 1925 operates in connection with the law of 1919 and that, therefore, the provision providing for a meet- ing of the county board within 30 days referred as well to a reassess- ment called by the tax commissioner as to one called by the county com- missioners. ince this is purely a question of without dealing with individuals, it is much easier to make a decision than would otherwise be the case,” said Judge Coffey after the argu- ments were closed,” and a decision can therefore be made without re- flecting upon the motives of anyone. The Law’s Constitutlonality “LE do not believe it necessary to ++ Pass upon the constitutionality of the law, It is doubtless within the pur- view of this case and really in- volved, but it has been indicated by the legislature of this state that ” questions of the constitutionality of law are of such importance that they should not be passed on readily by any member of the court.” ing a case some time ago at Jamestown, where assessments were made which were apparently much too high and would have been almost confiscdtory had they been put into » effect, the judge said: “I assume that this is not true in this case—-at least. no evidence to that effect has been presented, although it doubtless would, had such been true, “It is my opinion that this reas- sessment falls because of.the failure of the county commissioners to meet on November 2 to review the reas- sessment and hear such grievances and soupialnts as might have been presented, I have come to the con- clusion that the tax commissioner +» law, under which the reassessment was ordered, is followed in all re- ts except the matter of giving notice. It seems that the law stands complete and is a system by itself to be followed, including a notice to the tax payer set out in the statute, fequiring a hearing on the first Mon- ‘day of the month following filing of athe report. It would seem that if the taxpayer is put in the position of being Tequired to get notice by one of two different methods, he would be lost-in preserving property rights. ‘Due process of law requires and (Continued on page 6) ea aT OF DEB. Ayr ngements nal iehioola were: iigdeshere today ita m ing of normal school presidents. President C. C. Swain of the Mayville No school was ask- ed to outl plan for the con- tests to be submitted to other schools within a few weeks. The president of the state univ sity and state agricultural colle; and of each state normal school will outline his development plans on th [10-year period together with a state Iment of the probable cost and th order of urgency in which improve- ments will be needed.” The board of dministration will attempt to re vamp and coordinate the ious plans for submission to the state budget board and later to the legis- tote, Murphy said. Members of the budget board o will pass on the Vfinal plan are Governor Attorney neral George State ‘Auditor John Ste Paul Kretschm: v man of the se appropriat committee at pe last session, Rep. Frank V Coleharbor, ch man of the ae appropriations committee at the last session. Different Plan For Dormitories Dorniitory buildings, for which | there is great need at some inst tions, wil] not be considered in the generiil plan, but will be provided y a different method, another part the general plan provides. Under this system the state would | guarantee bonds to be issued by i dividual institutions to rais to meet their dormitory nee bonds would be retired at from money collected from for the use of the buil plan appears to offer a wa a rather difficult situation, Murphy said. He explained that he does not feel that the needs of various insti tutions for new dormitories will b met by appropriation. Presidents of North Dakota University, Grand Forks, North Dakota A Itural College, Fargo, and of the Normal: Schools at Valley City and Minow have espec stressed their need for more housing space for stu- dents in recent communications to the board. Committee Appointed Final recommendations to the proper method of meeting the hous- ing problems at the various institu- tions was referred to a committee consisting of J. W. Wilkerson, sec- retary of the university of. North Dakota; A. D. Weeks, dean of the school of education at the North Dakota Agricultural College, and C. C. Swain, president of the Mayville Normal school. The relation of normal _ school courses to those at the University and ‘Agricultural college wus dis. cussed briefly yesterday and is being considered ‘further today, Among. proposals to be considered, as the result of objections by the two larger institutions to the competi- tion of normal schools whieh now have four year courses and give de- grees, will be one to restore to the two larger institutions two-year nor- mal school courses. These courses were abandoned when the normal school became uble to meet the de- mand for sugh courses of study. The meeting will close. to-night. SEEKS IMPROVEMENT OF . CORRESPONDENCE COURSES Better organization of correspon- dence courses, coordination of the correspondence courses offered by state normal schools, University: of Senato e money di maturity students ; Thi | city, | forse j dent, the An oil refinery still at Kas., blew up the other di ed three men to of the explosion w ut this five-ton chun the still was th x mile through t ing fifty feet after round tur The reat of pwn a ul struck the in ter of Husband Dies Two Hours After Wife Gets Divorce 6 Miekiwoe: m was ob husband, W vorce from 5 grounds cath after was signed.‘ remorseful, she asked the funeral arrangements. his relatives refused and th vor judge, to whom she |, upheld them, [aan oroerten] SMALL CHANCE OF CHANGING SENATE RULES Dawes Will Get Little Sup- port in Effort to Prevent Filibustering But di Washington, Dec. 4 role of crusader for reform of rules of the Senate, Vice harles G. Dawes will occupy at the approaching session of congress a position unique in the history of his (P) In his the | high office. Most vice presidents of the have been content to merely pr le over the senate without undertaking to influence the affairs of that aug ust body, but Mr. L h charac- eristic vigor threw cree the gaunt- Jet in his inaugural address last March 4, and since has taken his fight to the country, Since he has neith voi nor vote in senate affairs—except in the event of u tie ballot-—there 15 small amount of speculation as to how he will proceed further with his mpaign. His idea has been that if peoplg could get the facts about rule Permitting a one man fili- they would bring sufficient to bear to h that rule the buste pressur | changed. Little Change In Sentiment As the Congress ussembles there is \ no indic&tion, however, that there has been any material change in the sen- ute sentiment on this point and lead- ers on both sides say frankly the little likelihood that any effort at modification can make headway aul ing the new session. Opponents of any change rules, Republicans as well as crats, have not forgotten the aes which the vice president read to the Senate in the presence of the presi- supreme court, the house the diplomatic corps and the abrupt ‘manner in which he swept: aside the time-honored custom o swearing in new senators in small group Administration leaders during th: brief special session of the senate last March wefe able to hold off any open and ytriolic attacks on M Dawes from the floor such as so} senators had planned, but they exp some efforts at the “hazing” of th vice president during the next few months. Gulf Is Widened The gulf which was opened between the vice president and some senators on March 4 has been widened by the campaign he has conducted during the summer in the states of some sen- ators who come up for reelection next year. These senators naturally have not taken kindly to this campaign and they can be counted upon to oppose the ¢ president in his rules fight with all of the vigor and influence at their command, Mr. Dawes has some support in the Senate itself for & modification of the rule under which a single senator at the close of a session can block legislation or even at any time in the session long delay a final vote by means of a filibuster. Senator Curtis of Kansas, the Re- publican floor leader, and Senator Underwood of Alabama, a former- Democratic leader, favor a change in the rules, but they concede that there is an overwhelming sentiment in the ins eal| and North Dakota and ‘state agricultural college, was considered. here today by North Dakota educators in con- ference with the state board of ad- ministration, A’ definite outline of policy with regard to correspondence paureee will be decided upon late to jay. senate against any change that will put a check on the right of senators to speak as long and as often as they may desire on any subject. More than 50,000 women are em- me in the cigar-making industry the United tSates, / President! t no! “SENATE WILL. DISCUSS WORLD, COURT DEC. 17 ‘Administration Leaders Con- fident Favorable of Majortiy for Action (Pe with Tur- Washington, ny Both face.» pposition, but rather administer that the obtained entered on one Under the © world Decemb to be | n 17, now ttle i be pushed to time. pros- a con- Desired yr consid ity with President Keiloge ince Chairman relations com ord with their view be disposed of be vote on t Action, date tre wut tary » definite of the Lausanne Thas been fixe | itige and early action Borah, mittee, this matter fore there is a court. Whether the question of J recognition of the Russior government is to come in for | tensive senate discussion is not cle stor Bor hopeful that ther soon wil] be a change e depart- ment policy on this n but h made no announe t of any inten tion to his lution which would p eon record favoring re world court one other treaty th Turkey is pend- te d four others » foreign relations com- ng up these four are treaties with Brit gua anteeing Ame rights in| man- date terr The Cameroons. Afric a land, and an tional tre ¢ the suppres of the of obscene publications. Two othe the last by the pr | mittee. yf sion ulation es negotiated sin ure to be submitte| arly i al pact other the al convention touching in arms — negotiated Geney: GRANGE FAILS IN ELUDING A PAPER SERVER with Hun- internation- the traffi recently at Fs Manager’s Pay Garnisheed—- Terms of Grange’s Contract May Be Revealed St. Louis, Mo., Dec. 4, (P) “Re: Grange, sensational football _ star. may be successful in eluding tacklers on the gridiron, but he failed to dadge a deputy sheriff here ay, who served him with garnishment papers; tying up money he wa his manager, ceipts of Wedni Donnelly. star: As a result, the terms of Grange’s contract with his minager, hereto fore withheld, may become known, for he must advixe the circuit court here of the amount of money he is holding for Pyle. The receipts to- taled $13,057, of which sum $7,834 goes to Grange and the Chicago Bears. ‘The ‘garnishment grew out _of a $20,000 judgment obtained here re- cently in a damage suit by Leathe Beatrice Tyndall, a negress, against Pyle Motor Service company, with which the football’s star manager is said to be connected. “poT- HUNTERS” § BUSY London—-The opening of the win- ter season of fancy dress balls and carnivals brings out the “pot-hunt- ers.” Women who own one. strik- ing costume make the rounds of par- ties, going to a different one each night. They usually succeed in bag- i ging one of the many prizes at each affair. jay’s game with the The ourt will rut desire and * $10 Gift Is Put at Interest for 1,000 Years Ax a lesson in thrift he ha posited S10 in a ¢ will he disposed of by re tor the best IMYSTERY OF WOMAN'S DEATH IS CLEARED, Bedy Found in ‘Swamp at V | terloo, N. Y.. That of a Kansas Girl Watertoo, Identiticntiv Dee: "woman and had since Music print of Hutehin Mo., + hou. the be | The jin a the ce lin A Kau the bi on and Kansas City, » Was found near nan of a book of classical vio. lections bottle half filled with an razor found body had no conn ner B: nothin md used the razor and the bottle tight ‘LA FOLLETTE SITUATION IS UNCERTAIN): Chance of Amending Rules Concerning Filibus- tering Is Slim the woman suicidal intent, corked with of acid) was into enate Washington, D.C. Dec. 4 enate Republican for tomorrow Follette issue still trout ders, the — pre-convenin re of the new congress t 7) confer- Republican leader still faced an uncer nee tomorrow. recoyniz ue, the Republicanism of Ser Follett Wisconsin Kutler sachuset airman of the committe enators not yet con- an of Senator Cur- sus, th majority E other party the Wiscons regular nted by sin his recent campaign Follette Unheard From whose regarded tituting his cam: by a at Republi has whether he’ pur- ccept the invitation to at- onference tomorrow. In the session ahead the ques {of amendme te rules to prevent one that will probably at many hours of debate, and Vi dent Dawes aire son the ground, pre- pared to forward his fight for uch E E yesterday, to make pla cks on the declined to indicate Favorable Action Doubted One of the v resident's first callers Senator Underwood, De: ocrat, Ala whose proposal for a change of senate rules was intro- duced at the special senate session t March after Mr. Dawes had inched his reform fight in his inaugural address. Whether either the Underwood resolution or another sponsored by Senator Jones, Repub- lican, Washington, to shorten senate debate, can receive a favorable vote in the rules committee for report to the senate, doubted by both Rep- ublican and Democratic leaders. The house Republican leaders were perfecting plans today to have the house get down to work on the tax reduction bill immediately after the reading of the president's message on the second day. The program for the opening day calls for organiza- tion and the receipt of the report on the tax bill. Thoresen Is Compiling All State Tax Laws Compilation of a state tax code from the mass of unrelated laws now on the stutue books has been begun by T, H. H. Thoresen, state tax com- missioner, and will be completed in about six’ weeks. ‘The state laws relating to taxation now are scattered through the stat- ute books, Thoresen said, and it is his purpose to compile them into one volume for the convenience of persons who are forced to familiarize them- selves with the state laws on the subject, NAVY COLLIER JUST ESCAPES A HURRICANE © Saved Only by Swift De of Skipper to Put Back Into Port » RECALLS CYCLOPS’ FATE Iu i Naval rm Officers’ Study s Effects May That Mystery of Solve Ving Dee. © Orion, PD The hoa hue Wear di ot identics hed by tremendou here Wednesda WO tons of coal, the collier saved trom by the owift to put bitek S beleved to hin ne two only her shipper ven though « the Orion mh lo Cyelop fr known to have ti in the err badly toe Vthe navy yard he Will Study The ty the only di and th tudy s will fect on the erable cl stery j March, Many the opt was x than the hip are twisted Al bracing ww nee in the two sw which the naval the stern y throw con. the fate of has ren her di ont ny Orion light on whieh sinee Is. rine authorities h that the Cyete rance in » held a and went flash a that she broke in two down bi she could radio might n arine w uthorities, rted at Barb est Indies, where bunker coal. last in the sre put THREE KILL INJURED INS New York, N. Y force of the sto the ¢ f and sout the wi sp Three lives. w sons were inj ty dam: 'BOY’S STORY CAUSES WOMAN TO CONFESS Killed Husband With Revolv- er Following a Quarrel Over a Meal The along ersey the in raged lier it toda lost, al pers nd much proper in the storm Accused Is foster son, Sam 1, Mrs, Blanche Scardina y that she, and not two n ious meen as she first and killed her husband, Joh quarrel about : pared and which he refused to 1 The boy said his foster had been drinking. Scardina attempt ed to strike his wife the with a revolver wh ie wrenched from his hand the heart, the T ORDER Los Angeles Coma n some parts of ( ing pixeons for i rters by the needed ULDE te poy told officers PROM RADIO 7 5 Barnard re- from uds here to London without once seeing the ground, ing guided the whole way by from the Croydon airdrome. In Constantinopl domestic street peddlers who sell near’ thing from fish dress suits. + Temperatu Highest 3 Lowest last night Precipitation to 7 a. Highest wind velocity Weather Forecast For Bismarck and Vicinity: what unsettled to-night and S day; rising temperature Saturday For North Dakota: Somewhat un- settled to-night and Saturd: Colder in east portion to-night; rising tem- perature Saturday. Weather Conditions The southern low pressure has moved castward to the i Valley and pree occurred Mississippi Valley and southern Plain States. Another | low pressure area has appeared ove! the Canadian Northwest and the temperature is rising rapidly over that seetion. Precipitution also oc- curred in the north Pacific coast! region. Mostly fair, cold weather | accompanies the high pressure area centered over Nevada and extend- ing northeastward over the northern Plains States. W. ROBERTS, Official in charge. niddle pitation | British | dmitted | shot him through | radio 19 get hurne: oa nee 47 ys to Answer Single Question P)—Sol- of the this record y Dold 1 city, proba for giving him to finiah- The te ony was aring for an account- the Dol compan hy question asked was in the the oan the ts by “Give all records. of Dold Pack any for pletice i plant during the first five ve. of its lease.” He was asted counsel for the Dold company rl introduced OO en r time he accu- and wo 2.000 of shorthand on his reply JAMES GIVES STIRRING TALK ON “TRIANGLE” Attacks Wid way Love Affairs and Their Cons read) Three- quences If there Evangelist in Bismareh dowhen |. t nee at the big tal nthusiastic with thuns that the celebrated forced time — after speaking until he heard. And at the of t the great audience stood and paid ay tribute te the remark- able work of iw remarkable ambassa- dor of God: Harry A. James of Col uuibus, Ohio, Mr esis the only evangelist in America today who xn open an evangelistic campaign with- | out dvance orgamiz onoand pub: ticity, and develop tent of {the local campaign. North Dake a James Evangelistic religious work all over the receiving a strong impetus « One of the last doubt of popularity dispel ty wit au dl Ne ting applaw evanselist time could turne Campaign ; many night's moments, when remarking told | his wi tend rvices, pointed at Judge W and demanded: ‘Judge, in your court a There certainly elderly jud a oman by wife-beating {thundered the jand add If | for attend jhim inyselt i his subsequ J marks were drowned by the. b ‘dience’s approving apy «Approval civing letters from some prominent men in | the . expressing their approval nd support of the evangelist and his ‘The general then “Mr we are proud that you ave in that you have the courage sness to preach the truth is audience otfieials, and pro night's large veral city busi ; were noted bankers and many fessional men. st night’s musical feature a1 W. Chubb, promin and music dealer, and Crow of New York City were far to repeat the num. so Well was it ed list ducted the With Stolen Wife” | Basing his sermon on a cxse “the eternal triangle” in the Old 1 tament kin i i han army officer, and Uriah’ Bethsheb ithe big evar with all his dra ind intensity. the spread modern triangle love and ts inevitable consequer “Powant every one of you home and re eventh to tw Second There you he whole story, [will not read Tnever r it in a mixed But everyone go hone and antee there'll be angles in Bismarck, and dies that follow them “David was the greate 1 of his Wealth, power, fame, wives he had everything. But when y went out to the | ding them, he plent, idle: and found evil for his idle hands t Same thing true ine- Htenths of « is done by lazy, idle | men, who loaf about pool and’ card rooms. “Then David began to tamper with sin. If you tamper with fire, you ; with sovt, you get blac! with sin, you sin. “While faithful Uriah was out fighting for his king, the latter was t home making love to Uriah’s wife. Bethsheba was to blame, too; for a true woman will die before she'll be untrue to her hus d. That same thing is happening in| Bismarck im more cases than you imagine. A hus- | band away working his life out to | provide a real home and comforts for his wife and kiddies; and in his ab- sence a polished, smirking, cigarette- smoking, evil-minded little wart is a! hanging around his wife—and she ¢ | ullows it, A They think the husband will never | read it fewer loy do. is ind out. They all think that. David did. Somé of you would give a thou- {sand dollars to get out of here right i now, for I'm hitting where you live {but you'd better stay here—this is {the wrong time to run. You need this sermon. There'll be fewer brok- en homes in Bismarck if you'll read the love and lust tragedy of David, Uriah, and Bethsheba. “Up To Their Ears In Sin” “A lot of people in Bismarck don’t want a revival, don’t believe in re- (Continued on page three.) ALLEGED HEAD OF RING IN 19 UNDER ARREST Six Members of Coast Guard Are Among Prisoners— Face Court-martial RU SHIP SEIZED William Dwyer. Sportsman and Race Track Owner, Is Leading Figure rk » Dee. 4 pro New Federal they have y ) believe nts vst powerful the Ww ntie coust: with nen, including the the "ring, Wiliam known sportsiman owner The syndicate, they coast guardsmen lavishly with and “wine, women and ated a fle of IS or m and developed noof control ever nd retail liquor t of dollars i of the coast guard prisoners yathered after six months’ inves- They face court martial roundup, described as the the history of prohibi y today with waiting too be the alleged Dwyer, and race arrest track re vess an elabor both whol ade running nuaily sale Six re yesterday tigation warants served. Dwyer Released on Bail Dwyer, part owner the Mount Royal race track in Montreal and of the and race track in Cin was released in $40,000 bail » hod denied the charge n when 32 prohibi nine deputy — Unite nd seven polteedsess dozen places in New York Island, Federal Attorney said the raid had practically ring. d officials in, Wa ton said they had known for of the bribery had not inte anxious to giv assistants i higher up. of tes marshals Long hing month of certain crews, but ered as they were Mr. Buckner and his chance at the “men Coast Guards Bribed id Assistant Umted States Attorney Stichman, when Dwyer arraigned yesterday, the leading figure against whe energies of the prohibition ment in this ¢ e have been direct ed, For more than.two years co guard boats have been in his pay; hat they were 7 nt which he owns recently was padlocked. There, gov ernment employes, low salaried men, were feasted and entertained with wine, women and song. Dwyer’s attorney characterized the rove charges as “pure ro- mane All of the id off in a and which sterday h the Augus: men arrested were held in connection wi seizure some time ago, to the ta, a rum ship Pr nbers Discussing. th the coast ardsmen, five of whom were from the same . Mr. Buckner said: “AML honor to the loyal members of the coast guard who daily risk their lives in doing their duty and receive from $36 to $100 a month, while they witness their weaker brethren receiving as high as $1,000 each for letting a single boat go past them without interference.” Four Officials Have Attended Meetings in South Secretary who now tion of se Fla, is the of stfite Ro attending the aries of stat thifd state offi tion in the Florid this winter and the fourth to attend nyention in the South Treasurer ©. A, Fisher Auditor John Steen have urned vention « uditors and tre: t Miami and earlier in the f x Commissioner T. H. H ttended the convention of commissioners ew Orlean is conven and just surers I] State Thoresen Last Minute News Bulletins ROUEN Geneva, Switzerland, Dec. 4, (A). he disarmament council of the of Nations today vot- United Stat and soviet Russia to become members of the special commis- sion which is to be created to prepare for an internat: ference for the reduc armaments. Cincinnati, 0., Dec. 4,.—(P)— application for a rehearing in the case of Congressman John . Langley of Kentucky, con- victed on charges of hav spired to violate the Volstead law, was denied by the United states circuit court of appeals here today, Langley is under sentence of two years in the At- lanta penitentiary. ment in his fight against pneu- monia was maintained this morn- ing. He passed a fair night. His condition, however, continues to be serious. Chicago, UL, Dec. 4.—— Five negroes robbed the Roselle, IIL, State bank of between $5,000 and $6,000 today, according to, a report to Chicago police. They drove towards Chicago in @ tour- ing cor. !