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Partly cloudy tonight and Wed- y; not much change. ===-|THE BISMARCK TRIBUNE [maom] ESTABLISHED 1873 TEN MEN ARE ENTOMBE = : BISMARCK, NORTH DAKOTA, TUESDAY, NOVEMBER 23, 1926 W'NARY TO URGE QUICK ACTION ON FARM BILL Will Introduce Redrafted Me- Nary-Haugen Bill on First Day of Session IN SIMPLIFIED FORM Principal Change Will Be in Administrative Machinery, to Be Provided Washington, Nov. 23—(®—The McNary-Haugen farm relief bill, this time in a somewhat simplified form, again will knock at the door of con- gress. ‘Senator McNary of Oregon,’ who will be the new chairman of the sen- ate agriculture commit! proposes to ‘introduce a redrafted measure on the first day of the approaching session and speed its journey along the legis- lative pathway to a final vote. The new bill will embody the same principal as the old, he said, and, el- though the final draft is not co plete, he proposes to ask an appro- priation of $250,000,000 to set up the export machinery which the measure would create to handle surplus crops. Senator McNary still expects to confer with a number of farm lead- ers, but in announcing his intention to again bring the bill before con- gress he asserted the principal change to be made in the new measure would be in the administrative machinery it would set up. The new measure would provide for a board to be appointed by the presi- dent from the 12 federal reserve land bank districts .and each member would rec 2 salary of $10,000 year. They would be required to de- vote their whole time to the business of the board. PRICE FIVE CENTS ED BY GAS EXPLOSION JURY TO BE KEPT UNDER GUARD IT REACHES VERDICT IN . FALL, DOHENY CONSPIRACY CASE —,— Owen J. Roberts of Philadel- phia, Special Prosecutor Ap- pointed By President Cool: idge, Tells Jury How Leases Were Handled in Interior, Department Washington, Nov. 23.-()—Before a jury that remains under guard un- til it reaches a verdict, the federal ign nnd today began to unfold e evidence om which it hopes to convict Albert B. Fall and Edward L. Doheny of criminol conspiracy in ex- ploitation of the nation’s oil _ re- sources. Owen J. Roberts of Philadelphia, one of the two lawyers appointed by President Coolidge two and a half years ago to prosecute the cases, be- the government's opening state- mt with a review of the negotia- ge ee led up to the leasing of the Elk Hill oil re re to the Doheny in- terests. whi ll was secretary of the interior. He said the prosecution contended that the $100,000 sent by Doheny to Fall in a little blaek eatchel was a part of the conspiracy’ charged against the defendants. As during the examination of pros- pective jurymen yesterday, the form- er interior secretary and the mag- nate, friends for many and Will Fly Airplane From Liner’s Deck Washington, 23—)—Sir Al- len Cobham, British aviator, will fly an airplane from’ the decks of the liner Homeric when it reaches quar- antine off New York on Thursday. This is the first time such a stunt has been attempted, customs officials said today in giving permission for the test. Cobham plans to assemble the plane on the ship’s deck. COURT DENIES REHEARING OF DOCTOR'S CASE Final Chapter Written in State’s Action Against Dr. Shortridge, Flasher The final chapter in the case of the state vs. W. R. Shortridge, Flasher physician, convicted and ‘sentenced to 10 years in the state penitentiary once prospectors together in the west,| for second degree murder én connec sat near together and listened ten ly to every word spoken by court and counsel, Government Wins The opening preliminaries today proceeded peacefully enough after the clash of yesterday afternoon, when opposing counsel urgued at length 7jtion with the death of Freda Nadler (Mrs. Angela Holta, Bismarck) fol- lowing an illegal operation, was writ- ten today when the North Dakota supreme court handed dowp a deci- sion unanimously denying “the doc- tor’s petition for a rehearing of his case. whether the jury should be kept un-| Dr. Shortridge was convicted at der guard during the trial. That ini- tial joust ended with a victory for the government when Justice Hoehl- ing granted the government’s motion for a locked up jury. Roberts reviewed the legal steps! which led to original establishmen: of the naval oll reserves. The act of 1920, he said, specifically took these reserves out of the hands of the in- Dickinson three years ago; appealed from the decision and lost; was sen- tenced to 10 vears and finally com- ‘mitted a year ago. Errors in instructions to the jury by Judge Thomas Pugh were cited by Shortridge’s counsel. Judge L. E. Birdzell wrote the opinion denying the rehearing and it was unanimous- ly concurred in, DEATH TOLLIN NORTH ITALY Rains and Floods Have Been Sweeping That Country For Several Days TWO WORKERS DROWNED Several Lives Lost When Two Tugs and Fishing Boat Founder Near Spezia Rome, Nov. (#)—Torrential rainstorms and floods, which have been wee northern Italy for the past few days, today began to take a {toll of dead.’ Two relief workers, seeking to provide food and shelter for the homeless, were drowned at Pavia, while two ¢ugs and one fishing boat foundered off Spezia, with the loss of several lives. Flood conditions, which already have driven thousands of persons from their homs, were still menacing today as described in messages from Pavia, Treviglio, Verona, and Alles- andria. Interrupted communications and delayed railroad service were be oc ed from all parts of northern Italy A tidal wave along the iera caused considerable damage on the beach front. WARRANT WILL. BE SERVED AT DETROIT TODAY County Attorney Announces First Legal Action in Shoot- ing of Two Bankers STORMS TAKE - [enc pen capture | TEN OTHERS ESCAPE FROM ‘MINE UNHURT Blast Occurs This Morning in McGillivray Coal Mine at Coleman, Alta. RESCUE IS HOPED FOR Company Issues Official Statement Concerning Acci- dent This Afternoon Coleman, Alta., Nov. 23.— (AP) —Ten men were en- tombed this morning in the McGillivray Coal & Coke Co. mine, near here, following an explosion of gas and dust. An official statement by the company this afternoon said ;10 of the 20 Men in the mine at the time of the blast escaped to the surface unin- jured. Officials expressed be- lief that the 10 imprisoned men would be rescued. JUDGES WILL MEET T0 TALK LEGISLATION Will Decide Recommendations to Be Presented to Next Legislature Out into the daylight from which he had hidden himself so long comes “King” Benjarait P Arnel of aoe * gan’s “House of David” at last! But he comes as er, not as a sovere The “King” and his) which wilt be pre: to the a closed Citizens State Bank of | No. !. and his wife, “Queen” Mary, is No. 2.) Fr rpe, Purnell’s first lieutenant and heir appar- tiie tite judicial eouneil ne a mea Callaway, Mina. was arrested at it to the House of David throne, Special Deputy A. 1. Von Saar, who made the ine Tyee keunell at a meet. P. m., today, he stepped rests, Inset are H.“F. Dewhi é preme court justice, now a member of the Benton) and December 1. from the doors of Community Harbor-colony and its attorne beth Forhan, justice of the peace who demanded the $120,000 bail Decision as to ommendations President Harding. of dems oy vot tee" WHEELER HAVE HE GOT IT. BY POISON AND GAS.. ASK HERBERT HOOVER. “|| Secreta: terior department and placed them under the control of the navy, but a retransfer was made by the executive order of May 31, 1921, 5 d by j MAY. WE HAVE CANALS. At the first meeting of the coun- By Arthur Brisbane. (Copyright, 1926.) It was mentioned here yesterday that the Italian flier Bernardi would go after the three kilometer record, held by an American officer and get it. Bernardi did go after it, and got it. His average was above 258 miles = hour, covering the course four times. This is a thing for the Unit- ed States. In some way the govern- ment of this country must be made to realize that flying is a reality and that the airplane, invented in Amer- ica, really flies. Bernardi, flying under the admin- istration’s nose at Norfolk, may help to make known the fact that flying is real. Geo: Sterling, brilliant poet, killed “himself with poison, havi: written “Deeper into the can I peer than most. Yet darkness still beyond.” He has looked perhaps a little deeper than usual now, and we ought to wonder what he saw. But we don't wonder, or care much. Nature keeps us so busy with little things that we forget we are all going to die until the time comes, and then, usually, we are too weak to care. While George Sterlning was dying of poison, in San Francisco, Mrs. Ella Cross, aged 31, was lying in the rear seat of her automobile, with the wari door locked, and the engine uring carbon monoxide into her She died, of Did each other questions. we re- member anything on anybody, when this foolishly short run of life is over? What does happen, ter friends and relatives go hom the undertaker sends his bill? If you want to know about pros- erity, and the future, ask Herbert loover. He , continually travels about. the country, and actually sees what he looks at. As secretary of commerce, he has full business in- formation, and he tells Universal Service that 1927. should at least , if. not sural and 1926, e country will to busi- instead of ing about ture conditions, re will be noth- ing to worry ab The Wesbinghouse company has . built an electric locomotive to pull 200 it care, a load of 10, counting the cars. At a the ase, with no costly upkeep of roadbed, rails and equi ment, @ canal tug’ will. haul 10, tons on ten barges. — "Europe builds canals and utilizes the cheap transpoi ~eenals from the Great to bes 7 34 the r. ; ‘ ir, Hoover is in deealy onaset, but the question is, will the railroads ailow it?’ Probably net. but later he wrote a letter saying’ there should be no drilling except of offset wells on the edge of the Cali- fornia reserve.” Roberts then told the jury that while negotiations for the contracts between Doheny and Fall were on for the Peart Harbor storage contract, Fall discussed his financial affairs rig Doheny, and asked him for $100,- Shrouded in Secrecy “Doheny caused his son to draw 3100,000 from his bank account in Dills of large denominations and to bring ‘it here to Fall who gave his demand note,” continued the govern- ment attorney. “The whole ¢ransac- ‘tion was shrouded in secrecy. Fell took the money in cash to El Paso, where ever most of it to pur. shove fone adont his own at ree Rivers, New Mexico. The expenditure of this sum be- ame known to the senate committee, said Roberts, and Fall “did not tell the truth about it, but tried in every vern- show that the Doheny leases and contracts were not handled ‘in the ordinary routine way in the interior department, but by Fall him- self, who issued an order for secrecy, Upon all this evidence, he continu- | ed, the government will ask the jury to find that the $100,000 payment from Doheny to Fall constituted cor- ruption and “that there has been @ conspiracy to defraud the United States government.” ¢|Germany Asks That ‘Military Control Body Be Withdrawn Berlin, Nov. .23.—()—Germi unequivocally demands withdra' of the interallied military control commission, foreign Minister Strese- mann declared in the. Reichstag to- ‘We have proven our readiness to fulfill all the obligations arising from the Versailles treaty,” said Dr. Stresemann. refore we expect the other governments also to hesi- no longer and to draw the only pails conclusion from this situa- jon. “It would be incompatible with our entry into the ine of Nations and the operation ofthe Locarno agree- ments to make the minor technical questions still at issue an excuse for burdening the people with a psychological tt such as contin- uation of the foreign control commis- sion constitutes.” a Glen Ullin Form Athletic Club MR p ge ye fo! ed an athletic club end are now hold- i ewlee a week. inby (of the navy) that ra ay ‘ot cou be teed fo oraes VARIED | D E AS royalt; coul usi Page. Becretary Denby approved that plan, _ One Wants Immediate Manu- facture of More Whiskey and the Other Objects Washington, Nov. 23.—(@)—The treasury department, seat of the gov- ernment’s prohibition enforcement machinery, and the Anti-Saloon League have different ideas about the necessity for manufacturing legal whiskey. e Lincoln C. Andrews, the assistant, treasury secretary in charge of di daw administration, feels that the’ manufacture of 3,000,000 gallons of whiskey is needed at once to replen- ‘ish the diminishing medicinal stocks. Hie superior, Secretary Mellon, takes the same view. ‘Wayne B. Wheeler, general counsel for the league, differs from the two dry chiefs, contends a shortage of the medicinal stock could be replaced temporarily by importation of liquor from abroad, and asserts that « defi- nite program of replacement should be worked out. Mellon Prefers Local Manufacture Rid ee ae no Prec for ropesal to import whiskey from abroad. He believes that it will be easier to assure a pure supply of liquor if it is manufactured in this country. He also feels that domestic manufacture would be easier to con- trol from the viewpoint of illicit diversions, Andrews’ plan calls for creation by congress at the approaching session of congress of a government super- vised private corporation to take over Hospital at Detroit Lakes, on a charge of first degree assault in connection with the shooting of W. J. Norby, Lake Park banker, three weeks ago today. Detroit Lakes, Minn., Nov. 23—() —First legal actiog in the shooting [ot two Minnesota bankers at the State Bank of Callaway three weeks ago was expected today. A. O. Sletvold, Becker county at- torney, announced this morning that & warrant would be served today. Frank Murphy, president of the Cal- laway bank, and W. J. Murphy, for- mer cashier of the closed Becker County State Bank of Lake Park, the wounded bankers, are recovering from their wounds. Action in the cause has been de- ferred three weeks for investigation and because of the condition of the behind locked doors. Mr. Sletvold declined to comment on the nature of the charges to be filed today and refused to say for whom a warrant would be issued. “I expect to sqrve a warrant as an outgrowth of the shooting, but I can- not make public now upon whom the warrant will be served or what earner will be filed,” Mr. Stetvold said. ; Cream Rate Hearing Opens Again Today Hearing on intrastate cream rates now before the state railroad com- mission reopened at 2 o'clock this afternoon Tepresentatives of the creamery interests and traffic men representing the commercial interests of the major North Dakota cities tes- the existing supply of 15,000,000 gal-| tifyi Jons of medicinal whiskey and begin at once, the manufacture of more liquor to replenish this diminishing stock which he estimates, will be ex- hausted in five years. Mr. Wheeler says the league is maintaining an “open mind” with respect to authorizing manufacture in this country again, but adds ¢here is a “possibility” that a bill being drafted to carry out Andrews’ propos- ning .of the distilleries, Paside from this, however, the An- drews’ plan can be expected to fur- nish congress with a new vehicle for reaching the prohibition question. Savage Presents Legion’s Program at White House Washington, Nov. 23.—U)—A sgl gram containing five major legis! tive measyres h_ the American Legion uld like President Cool- ‘ee to back, was presented at the ite House by Howard Savage, national*commander of the He urged retireme IESE Laas wrk SP ee worth. of veter- ans’ hospitals, the universal draft’ - | to take profit ou! di of fying. The rates now in effect provide adequate compensation to the rail roads, witnesses testified in sub- stance, declaring that the railroads have not proved the rates are too low. Creamery representatives stated that any added transportation cost would only be a burden to the pro- ducer which, in view of present econ- omic conditions would be too great to be borne. Scheduled to testify setay were L. E. Johnson, representing the North American Creamery company, R. F. Bridgeman representing the Grand Forks and North Dakota plants of the company, and L. D. Perry of Du- ‘uth for the Bridgeman-Russell com- pany. G. M. Springer and V. P. Calieux, representing the commercial organiza- tions of Bismarck, Mandan, James- town, Valley City end Minot are to give testimony for the cities. Other: traffic men expected to testify are 0, A. Amundson of Jamestown; T. A. Durant, representing’ the commercial organizations of Grand Forks; N. E. Williame representing the Fargo Commercial club, the Midland Pro- duce company and the Frank 0. Knerr Dairy company and Rex Wil- ny ps ried the state agricul- tural co! Probabilities are that the hearing will last all day tomorrow. CITY STREETS T0 BE NICELY DECORATED White Way Posts to Be: Draped in Green, With Light Bulbs Colored ill no doubt be the most D e 0 attractively decorated city in North shooting victims, who were found| Dakota during the holiday season the result of action taken by the ci commission Monday night in appro- priating $75 towards the cost o decorative scheme for the white Posts in the shopping district. It is proposed to drape the p themselves with green cedar branc! atid sto color the light bulbs insid the globes in red and green, giving ‘the Christmas effect. done a week or two before Christma: and the decorations will remain i e until after New Year's. s estimated the cost will be approxi- mately $125 and Worth Lumry, who presented the proposition, said he had been promised $50 from a private source towards the project. A number of local stores are plan- ning much more elaborate decorations during the approaching holiday sea- son than have ever been attempted in the past, Mr. Lumry told the tommis- vand the city’s part in decor- white way posts in the busi- ill, it is believed, at- ‘tract many outsiders here to do their Chrie(mas sho} The commission, at its weekly ses- sion, appointed Paul Wachter as a member of the special Thistlethwaite, who is io longer a resident of Bismarck. ORGANIZE TOWNSHIPS ) Flasher—Petitions have been cir- ulated asking for the organization f three new townships in Morton The necessary number ignatures have been secured, Spproval of the county commission- rs remaining to be secured before je action can be taken. three new townships Morton county ill have 22 townships. Youth Sentenced to Attend Church Charlotte, N. C., Neo the next two rs. If he fails to attend church he will receive a prison road camp. $100 fine. “You can’t help getting n that time,” Judge Wrights ordering Herrin to attend church. Stores and Offices | | Will Close Thursday | All business places, as well tis city, state and county offices, will be clos on Thanksgiving Day and po fice hours will be shortened to ¢ employes a half-holidey. day was made at the sume time that | they decided upon closing for Arm tice Day. As on Armistice Day, g: ages, electric and i tions, cafes and confe ‘Sunday hours being followed. postoffice will be open from tol and all outgoing and incoming mai instead of the regular eight-how period, and will thus be given prac tically a half-holiday. No editions of the Bismarck T: une will be publis' joy the holiday, List of Delinquent Taxes For 1925 to Weather Report Weather conditions at North Da-| ota points for the 24 hours ending; it 8 a. m. today. lend tonight and Wednesday; not Unpaid real estate taxes for 1925 in Burleigh county will be offered for 14, and a complete list of these un- paid taxes, prepared by County Trea- surer G. L. Spear, will be published , in tomorrow's issue of the Bismarck Tribune. The list when completed for publication totaled $98,883.18 but has been paid since that time, Mr. Regularly 2 Years —(P)—L. L. Herrin, North © youth,| must go to church every Sunday for jonths sentence at a This was the penalty imposed by Judge R. Lee Wright, of the super-| ior court here, on the youth, charged with driving an automobile while in- toxieated. Herrin also had to pay a ecision of members of the Bis- marck Credit Bureau to close on this es be open. Doctors, clinics and den- tists will have their offices open part A delivery of mail will be made in the forenoon, Oliver Lundquist, post- | master, said today. Windows in the will be worked und dispatched. Em- ' y : ployes will work in fear hour shifts| compared with $11,391,984.20 in June # i i fice will be closed ihsaee he geceeticg will be closed te shown by the fact thal funda aue ‘creased $2,070,120.7 Be Printed Tomorrow sale at the office of County Auditor | Frank Johnson Tuesday, December | approximately $10,000 of that amount Spear states. Of the original amount $77,719.83 was for taxes on land and BANKS HAVE DEPOSITS OF | TT MILLION State Banking Department Issues Consolidated State- ment as of October 16 Total deposits the 426 state cil last spring every judge in atten- ;dance favored amendment to the , Jaws to speed up the administration f justice, according to Chief Justice A.M. Christianson who will be chair- man of the winter meeting and who took the first steps to organize the judges of the state into~ « body which would speak with authority on judicial subjects. Much Data Secured Data which will be presented at the meeting has been compiled — by Judge Christianson from qu naires which were sent to clerks throughout the sta h clerks cooperated splendidly and did much research work to aid in the investigation, Christianson said. One of the facts disclosed, he 5 wi it the present law permitting indiscriminate filing of affidavits of prejudice against a judge or a coun- banks and three trust companies in| ty, has operated to clog the judicial North Dakota on October 16 were $77,360,519.84, the consolidated s ment the condition of all banks issued today by the stute banking department, showed. Deposits on October 25, 1925, totalled 383,024,- ilities at the last » compared in June and October a year r, 491 state st companies re- 438 banks und ies reported. The umber of ered to be of the outstanding features of banks and fe orted and ‘our trust {the banking situation in the state. of the day, as will the drug stores,!Some have closed their doors but {many have consolidated with other banks, giving many towns one bank in good condition instead of two weaker banks, banking department officials said. Totul reserves in banks when the report was made was $13,828,203.97 nd $15,226,571.41 a year ago, The otal reserve required is $4,495,- * Banks in Good Shape That many banks are in good shape to meet the demands of depositors | from approved reserve agents in- in comparison with last June. Because of reduced jdeposits the item shows a decrease over last October, however. That North Dakota real estate has been moving in larger volume than for some time past is disclosed by the fact that items listed as “other real estate” have decreased $71,- 024.35 since last June and $271,688.68 | since October, 1925. Sharp drops in the book value of banking houses, furniture and fixtures and in the volume of loans and discounts also are floted. Loans and discounts are placed at $58,485,084.01 which is $672,301.84 less than in June and $8,487,397.26 less than in October a year ago. Devosits subject to check totalled $29,550,064.29, an increase of $3,- 089,003.21 since June but a de- ‘crease of $4,477,316.23 since last machinery. In many cases it has resulted in cases being dropj freeing the defendant entirely, wl in others it has resulted in long.de- lay before a trial is had as weil as considerable expense to the county involved. In one recent case, he said, 27 af- |fidavits of prejudice were _ filed against a judge in one North Dakota ‘county. A new judge was hurried to the county seat whereupon 24 of the 27 pleaded guilty, one case was dismissed and two were continued for legitimate reasons. R. F. Flint Back in North Dakota Robert F. Flint, former state dairy commissioner for North Dakota 4s well as commissioner of agriculture and labor for one term, is in Bis- marck today, renewing acquaintances and transacting business. For several years past Mr. Flint has been manag- er of a Bridgeman-Ruissell company plant at Sioux Falls, S. D., but was recently transferred to North Dakota where he will do development work for the company, with headquarters at Jamestown. Mr. Flint’s family still lives at Sioux Falls but will come to Jamestown next ii The Bridgeman-! company mow has plants at Jamestown, Bis- marck, Grand Forks and Minot, and Mr. Flint’s work willctake him over virtually the entire state from time time. Serving as commissioner of agri- culture and labor during 1915 and 1916, and for 11 years prior to that as dairy commissioner, Mr. Flint be- came well versed in the dairy bilities of the state. After leaving Bismarck he did extension work for the United States dairy department with headquarters at Washington for two and a half years, and has since been with the Duluth concern, . in charge of the Sioux Falls plant. Mr. Flint expects to be in Bismarck for several days, Three Initiated ing 200 change in temperature. "| the balance of $21,163.85 was on city) Qctober. Time certificates of de- eludi “i| MacLeod Will Talk WEATHER CONDITIONS | Property. ; ete cate east ANeIE Te. whieh ts Low protsure in cantered over tho| ,, The total is considerably lows than Bi 667a0-26 less than in dane 6 and Over. Radio About F and Nosthern Pacific Pad Average of delinquent taxes, Mr. $6,402,170.88 less than in October a| the je Diy is says, a be . Boys’ Welfare Work| fret‘e Grea: Later Reriss. "Ligks| ditions are quite favorable. nie en-|7ot 88 ry one ipitation ‘has occurred over the| pected that several thousand dollars DEEP COAL MINE The lodge “Boye’ Welfare Work” will be the Mississipp! Valley, Great Lakes| more will be paid in before the day| Washburn—The nem coal mine| served in the Masonic ys fare. Work’ be ipper an address to be broad- scattered places in the{ of the sale, being operated by the Northern Lig-| room at 6: om ——$____— nite Coal company of Minot at Ben-] C. H. Every baby born in the City of |edict, near here, is claimed by the London for nearly forty years has |company to be the deepest mine. in 8, |heen registered by Miss Kemm, the |the state, The ‘shaft’ is’ 290 Official in charge.' registrar of birthe and marriages. underground,