The Bismarck Tribune Newspaper, November 29, 1926, Page 1

“JUDGE BURRIS WEATHER Probably snow Tat tonight or Tuesday; colder Tuesday. ESTABLISHED 1873 NAMED MEMBER OF HIGH COURT Governor Sorlie ‘Appoints Rugby Judge to Succeed Sveinbjorn Johnson GRIMSON SUCCEEDS BURR Langdon Attorney Gets Sec- ond District Judgeship— Effective December 1 Appointment of District Judge A. G. Burr of Rugby to succeed Sveinb- jorn Johnson as associate justice of the supreme court was made today by Governor A. G. Sorlie. Gudmunder Grimson of Langdon was chosen to succeed Judge Burr as district judge ‘in the second district. Justice Johnson, who handed in his resignation today, is to become a member of the law faculty of the Uni- versity of flinois and will also act ag legal adviser for the institution.; ‘The resignation is effective tomorrow, and the new appointments take ef- fect December 1. Rumors of Judge Burr’ suceeed Judge Johnson current for several weeks but were not confirmed until today, when Judge Johnson presented his formal resignation to the governor. His i tention to resign was announced in August. Judge Burr, born in Perthshire, Seotland, in February, 1871, is a pioneer in North Dakota, coming to Dakota territory in 1883 and settling in Bottineau county in 1885. He’ re- ceived his legal education at the Uni- versity of Michigan, graduating from the law department in 1894, and was admitted to the bar the same year. District Judge Since 1908 He has held the office of judge of the second judicial district, formerly the ninth, continuously since 1908 and was state’s attorney of Bottineau county for three terms previous to that time. Endorsement of Judge Burr by the Nonpartisca league as a.candidate to »ppose Chief Justice A, M. tian- son Was made last winter, but he vithdrew his name from the contest, leclining to run against Judge Chris- mson, who lives in Langdon, ht to national attention a ars ugo when he figured as a »rosecutor in the case of Martin Ta- vert. Tabert, a North Dakota boy, was arrested as a vagrant in Florida, “leased” to a lumber company as per- mitted by state law and was alleged to have been beaten to death by a foreman in the camp. The foreman was convicted on a charge of second degree murder but: the case was later ordered to be re-! tried by the Florida supreme court] and in the second trial he was ach quitted. Former State's Attorney ' Mr. Grimson attended the Univer- sity of North Dakota, graduating from the college of arts in 1903 and the college of law in 1905, later tak- ing postgraduate work at the Univer- sity of Chicago. He served as state's attorney of Cavalier county from 1916 until 1924 and was a candidate for nomination for associate justice of the supreme court two years ago. Retiring Justice Johnson attended the Un‘versity of North Dakota, graduating from the school of arts with a master’s degree in 1907 and from the law school in 1908. From 1913 to 1921 he was a lectur- er on pelitical science and law at the University of North Dakota and was chosen attorney general in the state’s first recall election in 1921, holding office until December, 1922, He was elected associate justice of the su- preme court in 1922, ° Carrington Is Made State Headquarters of N. D. Muscovites Carrington, N. D., Nov. 29—Car- rington was made the Kremlin city of North Dakota, or the state head- quarters of tl Imperial Order of Muscovites, playground and insur- ance organization of the I. 0. O. at impressive ceremonies here, a tended by Odd Fellows and Rebekahs from throughout the state. Imperial Czar K. G. Lancelot of Sioux Falls, 8, D., delivered the war- rant of institution to the petitioners. E. L. Beaty of Carrington, imperial governor; Burt Davis, imperial high priest, together with Imperial Coun- cillors Ruet E. Dana, P. G. M., of South Dakota, and Fred Colby of Valley City and Geo, W. Wright of Mitchell, 8, D., assisted in the insti- tution program. The new officers chosen follow: ezur, A. J, Klemeterud, Devils Lake; regent, Gus Gunther, Kensal; grand . K. Shea gov- nor, Herman. Osenj Binford; hig! priest, John Gasow, Harvey; mini: ter of records, Ed’ A, Johnson, Ca: rington; miniater of finance, John Bruhn, Carrington; i tor; A. 8. Isaacson, Rugby; cusi » Chas. J. Robarge, Enderlin; inside sentinel, M. C. Sandness, Lamouse; ‘outside sentinel, B.E. | Bismarck, Atithe-e . n, didates were initiated. e The Lady. Muscovites held sway in the Odd Fellows hall, and the degree staff of the imperial order from f At the ¢ feativities, cafeteria lunch was served, ; ‘82 can- ee THE BIS BISMARCK, NORTH Judge A. G. Burr of Rugby, who was appointed by Governor A. G. rlie today to succeed Judge Svein bjorn Johnson ay associate justice of the supreme court. TIME FOR EAST TO HELP WEST, SAYS SEN. NYE Pleads For Greater Response * at Washington to Needs of Agriculture New York, Nov. 29-(4)--The w always has aided the east in le; tion that promotes the prosperity of that section anti it is time for the east to reciprocate, Senator George P. Nye of North Dakota said here last night, speaking in the labor temple. “In the past,” he said, “there has been a lack of responsiveness at Washington to the demands of those whose welfare is dependent upon the vital industry of agriculture. I am asking that there a greater} HUNTERS ARE ~ STORM-BOUND Severe Blizzard Is Raging Over Upper Michigan Pe- ninsula District ROADS BADLY DRIFTED Lake Shipping Interests Will Sustain Heavy Losses Due to Storm ich., Nov. 29.-- gan ‘peninsula riet continued today in the grip of a blizzard which has trapped hun- dreds of hunters in the storm area as well as tied up shipping along the St. Mary’s river and the Lake Super- ior distgiet. So afer. has been the blow to navigation that murine m@n forecast aepremature end to the lakes shipping season, With weather bureau officials pre- dicting much colder weather, accom- panied by a continuation of the snow storm, some apprehension was felt today regarding the safety of scores of hunters snowbound in the district. Autos Abandoned A 60-mile gale which blew the snow into great drifts along roads made those highways impassable for auto- mobile traffic, and hundreds of hunt- ers who journeyed to the wooded dis- trict in machines were forced to aban- don them and attempt to make their way afoot to the nearest railway cen- ters. ‘It was cstimated that more than 500 hunters were trapped in the sparsely settled district by the storm, Heavy losses will be sustained by lake shipping interests due to the storm, it is believed. As the result of ow visibility caused by the snow- fall, practically every ship in the region yesterday was forced to tie up at anchor. Ship Aground The freighters George H. Ingalls went and the William K. Fields aground—the Ingalls, off Point Aux Pines, Ontario, and the Fields off and Pipe Island, Michigan, Tugs lighters worked frantically to free the ships lest they be imprisoned for the winter by ice formations. The steamer Cottonwood went on the rocks at Copperline Point. The and more prompt response to those, steamer Herman Hettler, which went |aground at Grand Island, has broken An agriculture strike which would | up. justify the importation of food sup- plies from abroad might be regarded with favor by the “financial forces of the east,” he suggested. He said that this importation of food would be an excellent method for these financial ferces” to collect debts owed by private debtors in foreign lands. MURDER TRIAL MAY BE ENDED BY WEDNESDAY Hall-Mills Case Will Have Then Required Just One Month For Trial Somerville, N. J., Nov. 29.—)— the trial of Mrs. Frances Stevens Hall and her two brothers, Henry and Willie Stevens, for the murder of Mrs. Eleanor R. Mills probably will end Wednesday, just one month after it began, defense and prosecu- tion attorneys believe. ° Clayence E. Case is expected to sum up for the defense, taking per- haps half a day for it, while Special Prosecutor Alexander Simpson, rep- resenting the state, will take about two hours. So far. 157 witnesses have been called, 87 by the state and 70 by the defense. The state has 12 witnesses for rebuttal. Cross Examination With her direct testimony com- pleted Mrs. Hall today faced the major part of her cross examination. ~ Special Prosecutor Alexander Simp- son began his cross examination of Mrs. Hall Saturday in a vigorous’ manner, but she could not be shaken) from the story which she told under direct. examination. This was that she knew nothing of the murder, nor of the love affair of her husband, the Rev. Edward W, Hall, and Mrs. Mills until the couple had been found slain (Continued on page three.) Mike Wilson of . Lafayette Has Scoring! Record (By The Associated Press) Individual gridiron seoring records for 1926 show. Mike Wilson, Lafay- ette'’s sophomore halfback, as the! leading. touchdown - maker of the pat le crossed eupesing ret 20 tintes te register of 120 aggregal n_ 18 touchdowns, 10 thdowns. and two fiel LARGE CROWD. EXPECTED AT ~ A.C MBBTING Memberg and Their Ladies to Hear Program, of Music and Short Speeches Members of the Bismarck Associ- ation of Commerce and their ladies will gather this evening at the Grand Pacific hotel to take part in the association’s annual dinner and meeting. W. E. Witherspoon of St. Paul, special agent for the Aetna Life In- surance company, will be the chi speaker of the evening. A prominent member of the St. Paul Association, Mr. Witherspoon is said to be ao pleasing and interesting speaker. Admigsion to dinner and program is free to members and their ladie: Short reports on the work of the as- sociation and a popular program of musical numbers and stunts are to be presented. The regular weekly session of the city commission will be held at 9 o'clock tonight instead of the usual hour on account of tl sociation’s banquet. Weather | Weather conditions at North Da- kota pojnts for the 24 hours ending at 8 @. m. today. Temperature at 7 a. m. . Highest yesterday . Lowest last night . Precipitgtion to 7 a. m. Highest’wind velocity . WEATHER Bismarck and vicinity: snow begirning late ton! day;\cold Tuesday. For North beginning late tonight or Tuesday, Colder, Tuesday eest and south por- tions; and northeast portion tonight. WEATHER CONDITIONS A low pressure area ia centered over British Columbia and the North- ern Pacific Coast States. High pi sure extends from the Plains eastward to the New England and over the Southern Rocky Moun- tain Region. Precipitation occurred over North Dakota, Great Lakes Re- gion and over: the Pacifie Coast errs - Trace 12 iT Probably t or Tues- States. Bain is falling this morning|- Idaho. Cd Oregon, Washington and have risen ite} Temperatures rhe the seek Lakes Menten Sarin 780s accordi the past 48 hours; elsewhere have been ~ W. ROBERTS, Otficial in charge. soowe cota: Probably snow considerably | aminat HUNDREDS OF [MAINE VOTERS G0 TO POLLS TO NAME SENATOR Control of New Congress at Stake in Special Election Being Held Today HEAVY VOTE EXPECTED Arthur R. Gould, Republican Nominee, Opposed By Ful- ton J. Redman, Democrat Portland, Maine, Nov. Control of the senate in the new congress stuke today in Maine's special election to determine @ successor to Senator Bert M. Fer- nald, who died in office. The party alignment of the new | senate, as determined by the regular election early in the month, 1s: Republicans 47; Democrats 47; Rarm- er Labor one. Arthur R. Gould, Republican nominee, who has been the subject of charges within as well as without —(P— was at by Governor Ralph 0. Brewster, Re- publican, but supported by Senator Hale and the party machine, wa: opposed at the polls today by Ful- ton J. Redman, Democrat. Gould was cleared at a public hearing before Secretary of State Ball of charges of having exceeded the $1,500 expense limitation imposed by state law on primary campaigns. A heavy vote is expected. In 1924, Fernald was reelected by a majority of 52,355 over Redman with a total vote of 246,211. Gould is an Aroostook county lum- berman and a railroad builder, while Redman is a lawyer. The winner will serve until 1931 DOHENY STORY 1S ADMITTED IN EVIDENCE Judge Places Senate Commit- tee Record Before Jury— Prosecution Victory Washington, Nov. 29.—()—Edward transaction with Albert B, Fall, as told before the senate oil committee, was admitted in evidence today in the Doheny-Fall oil conspiracy trial. Justice Hoehling’s decision, placing the senate committee record before the jury, was a sweeping victory for the prosecution, but is expected to become one basis of an appeal by the defense in case the former cabinet official and the oil man are convicted. The justice acted after long argu- ment by attorneys, who presented their contentions while the jury was excluded from the court room. The decision opened the way for the prosecution to continue its pre- sentation of evidence on .which it ‘hopes to prove that the $100,000 was part of a conspiracy which resulted in award of the Elk Hills oil lease to Doheny while Fall was secretary of the interior. | the defense and permitted the state- ment made to the committee by Fall to go before the jury along with that of Doheny. In this statement, sub- mitted to the eommittee in writing, Fall sail the $100,000 with which he! purchased additional ranch property in New Mexico éame from Edward B. McLean, publisher of the Washington Post. Prosecution attorneys indicated in their opening statement that they re- garded it as important to their case to show that the former interior| secretary sought to conceal the source of the money. ‘ Appeared Voluntarily | The Doheny testimony was given before the committee in January,| 1924, when the oil magnate appeared | a second time at his own request and— said that to aid Fall, an old time friend, he had advanced the then cabinet member $100,000-as a private loan. Justice Hoehling held that neither the Doheny testimony nor the state- ment of Fall constituted evidence within the ning of section 859 of the revised statutes, which prohib its use of congressional testimony in subsequent criminal trial olving the person testifying. The court noted that the oi! man had appeared i before the committee voluntarily after he had previously testified in response to a formal summons and (Continued on page three.) Examinations to Be Given During Week of Dec. 6 The seventh and eighth grade ex- ions in the Burleigh county schools will, be held some time dur- beginning December 6, ing to announcement made to- day, by Miss Madge Runey, county superintendent. his party, and who was repudiated) snapped hers-and got kicked off | L. Doheny's own story of his $100,000 ¢) 29, 1926 CK TRIBUNE! DAKOTA, MONDAY, NOVEMBER ENTIRE FAMILY IS KILLED IN OKLAHOMA HAIL THE QUEEN—IN FHE ROYAL PAJAMAS! You've seen lots of pictures of Queen Marie—but did you ever before see one of her majesty in the royal jajamas? Well, here it yo. Ste h ACTIVITY 1S RENEWED IN U.S. CAPITOL, Committees and Subcommit-| tees Called to Prepare For Next Session 20. (P) spiders The} to} Washington, hope of | spin their webs indefinitely in peace | the cnpitol was definitely shattered to- congression: thin favored nooks of the day with a revival of activi has not been approached since the national legislators shut up shop and went home months ago. he house wing of the big white building one full committee, that on ways and means, and, five subcor mittees were called to pr In FIGHT LOOMS OVER WATSON’S |the recovening of congre of the recognized Repul had engagements to disturb the industry in their offi And as if these disturbing ments were not sufficient to upset the artistic mood of any earnest spider, the heavy tones of contr versy over farm relief were reve berating thunderously up and down the corridors and swir! in eddi there was a swel sion of the reinstat can party councils of th ents who were excluded after their break to tiekét in 1924. Attacks New Organization The farm relief controversy re-- ceived new impetus today with the publication of an attack by Repre- sentative Dickinson, Republican, ‘Towa, on the business men’s comm sion on agriculture being organized by the national industrial conference board and the United States chamber of commerce to formulate a program for cooperation of all national eco- nomic groups in the interests of a riculture. Charles Nagel of St. Louis has been made chairman of the comm sion, which Representative Dieki son suggested had been projected, j“not to get more information, but to of a gen- approach- filibuster against passage uine farm relief bill at the ing session of congress. Taking up the status of his fellow insurgents, Representati Nelson, Republican, Wisconsin, leader of the group in the house, in a statement published today said he had “reason to know that there are many good friends in the regular Republican ranks who are anxious to do the right thing and I am satisfied that the so-called insurgents will be given their proper places in the ‘arty again.” He added that he expected the reconciliation to be effected in a friendly manner. Court Rules Draw Poker Is Illegal A epee in Philippines Manila, Nov. 29—-)—Draw poker is a gume of chance and is illegal in the Philippine Islands, the insular supreme court ruled today in up- holding the conviction of four F pinos who were fined $25 each indulging in the game. Says the decision: “By what is known as bluffing it often happens that a skillful player with the poorest hand wins the pat eee tl it hi bets hee skill! jehance ihe will. not be called. “In the final analysis, alhough it is a game more of leas of skill, yet: everything cise’ being equal, it is a game of chance." ‘ peeked out of her sleeping car window to greet th p p the royal train a moment later for his temerity. - James E. the La Follette-Wheeler “| manager to either resign or be re- poor player who has the But even so, in making player. takes a em. A elping Marie greet the children, * Kisser Is Victim of Circumstances Manila, Nov. 29—(AP)—When the lights of the dance hall are dimmed, when the orchestra plays a soft, appealing waltz and a pretty girl is near—a man who Kisses a girl in such a setting is “a victim of circumstances” the supreme court of the Philip- pine Islands ruled today. In so ruling the court quitted Severo Pancho, who w convicted in the court of first instance in Sorogon province of kissing Marcella Dayson, a pro- fessional dancing girl, against her wishes, The lower court Im- poxed a sentence of three and a half years imprisonment. The supreme court him on the finding that wan a reasonable doubt ax to his sruilt, Chairman of Democratic Com-| mittee Challenges Returns | —Fraud Charged | Fort Wayne, Ind., Nov. 29.-()—-! A contest over the seat of Senator) Watson is th ed { the grounds of fraud. The official returns by which Watson defeated Al- bert Stump of Indianapolis, the Demo- cratic candidate, by a plurality of ; 11,383 are challenged by Earl Peters, ‘chairman of the Democratic committee. ; Within a week or 10 days Peters ‘says he will go @ Washington to con- sult with Senator Meter Gerry of Rhode Island, chairman of the Demo- cratic national senatorial committee, over the advisability of bringing the contest of Watson's election before the senate. | Among the allegations are abuses jof the absent voters law. Peters said that instances had been brought to his attention of irregularities in reg-' istration of voters, in tabulation of returns and denial of ballots to qual- ified electors, ‘TRIS SPEAKER _ QUITS INDIANS Manager of Cleveland Ball Team Since 1919 Resigns to Enter Business World Cleveland, Nov. 29-—(#)—Tris Speaker, leader of the Cleveland In- dians since mid-season 1919, re- signed as manager today. Speaker set forth he had no dif- ferenc ith the ball club over sal- ary or anything else and that condi- tions are as amicable as they ever have been, but he mude up his mind that if he was to get anywhere in the business world he would have to tuke the definite step he had decided upon sooner or later. Speaker has several business propositions under consideration. Tris is the fifth American League state | tired by the club owners since the close of the 1926 campaign. No suc- cessor has been chosen, A crowd of school children went down to meet the queen’s train at Kirby, photographer in the royal party Note the royal dog RECORD CROWD AT LIVESTOCK SHOW SUNDAY Oklahoma A. & M. College Wins Judging Honors— FAMILY HEAD BELIEVED 10 BE MURDERER Bodies of Five Victims Cre- mated in Fire Which De- stroys Farm Home INSANITY IS BLAMED Man Was to Have Been Taken to Oklahoma City For Sanity Investigation Marlow, Oka, Nov. 29.—()—An‘ entire family of five was killed at a farm five miles north of here early yesterday und their bodies were cre- mated in a fire that destroyed their home. The coroner today evi- dence showed that J. E. Seymour, head of the family, committed the Seymour was to have heen taken to Oklahoma City yesterday for an ex- amination to determine whether he was sane. It was believed he had been informed of the impending ex- amination. Funeral services for the family will be held today. A single casket will be used. The victims, besides Seymour, were his wife and three children. FOUR ELEVENS HAVE PART IN “TITLE DEBATE Kansas College Second Nov, 29 ‘ARO, (#)--The inter- i j national livestock show has demon- strated that all of the dizzy attend- ance figures are not the exclusive property of football, boxing and oth- er sports, Without a program of any kind to j attract Chicagoans, more than 20,000 milled through the show amphitheatre Sunday just to see horses, cattle, hogs |Game Between Alabama and Stanford Will Only Par- tially Settle Issue (By Associated Press) The climax of a record shattering football season of thrills and spills has left a legacy of greater dispute over mythical national championship honors than any campaign in years. Where Notre Dame's “four horse- men” roamed victoriously far and wide in 1924 and Dartmouth’s fam- d sheep and pat their sleek coats. I ous aerial artists decorated the the largest Sunday crowd that SENATE SEAT: j dames Culbe tended the show Incidentally, a coll produc- champion football team — this mpionship ord ion, Okla- ind mechanical col- Missouri valley conference title at its belt, won! the judging honors at the show, 26-Year Record Broken ‘Soon star performer was on, who broke a 26- year record by winning 941 points out of a possible 1,000, His school team, with a score of 4,407 out of 5,000, topped contestants from 23 states. nsas agricultural college was second, Nebraska third, Missouri fourth and Purdue fifth, The grand champion steer, the prize exhibit of the show, will be se lected Tuesday ‘after judges have viewed the entries today, Three dol- lars a pound on the hoof was the price paid for Mah Jongg, last year’s winner, bred by lowa State College. The WHEAT CHAMPIONSHIP RETURNS TO CANADA Chicago, Nov, 29—(#)—The _inter- national wheat producing champion- ship went to Canada for the 14th time in the last 1@ years when Her- man Trille of Wembley, Alberta, was crowned “wheat king” ut the inter- national livestock, show here tod: He exhibited hard red spring wheat. Trille dethroned L, P, Yates of Fishtail, Montana, last year's cham- pion, who wasggntered again this year. Aside fi the judging in the various livestock and hay and grain classes today, the healthiest boy and were being chosen from 17 state winners in the male group and 15 girl state champion: Barn on Patterson - Farm Is Destroyed The large dairy barn on the E. G. Patterson farm, four miles southeast of Bismarck, was totally destroyed by fire Saturday, the flames spread- ing as an employe was thawing out some frozen pipet The upper part of the structure was filled with hay, and a large quantity of grain and feed and considerable farm machin- ery were also destroyed. All live- stock in the building was saved. The roofs of two silos were burned and it is feared the walls may have been damaged by the heat. The structure, about 75x200 feet in size, was built about 15 years ago and was one of the largest dairy barns in this vicinity. The base- ment of the barn, in which the steck was kept, is built entirely of con- crete, with the basement roef, er firat floor of the barn, of the same CHIMNBY FIRE SUNDAY The fire department was called to the residence ot 418 Sixth street at. 3:30 p. m., Sunday, when a chimney fire threatened to cause. trouble. The blaze soon apent itself, however, and no daniage.was done, } construction, so that part of the building was not damaged. It is probable that work of rebuilding will be started immediately: ‘The loss is partially covered by insurance. The blood of tl human body ti Is 661, ies durit tatng of the Sear ee heights without much controversy in 1925, the close of the regular 1926 season finds at least four outstand- ing elevens in the title debate. Re- buttals from two or three others far ther complicate the situation. Game New Year's Day The most conspicuous post-season prospect, a projected New Year's battle at Pasadena between Alaba- ma’s southern champions and Pop Warner's Stanford outfit, title hold- ers on the Pacific coast, may do a lot to clear the air, but it can’t en- tirely settle the issue. These two teams share with Lafayette the dis- tinction of being neither tied nor beaten. Victory at Pasadena for one. or the other would establish as strong a championship claim as any contender. In spite of its spectacular tie with the Army in Chicago's record-break- ing service classic, the Navy still re- gards itself as very much in the run- ning when the title laurels are passed around. Simultaneously, the Army's claims would seem to be on the same level but the cadets tasted one defeat, at the hands of Notre Dame, while the Navy, up to its final tussle, sank all opposition in nine successive games against some of the most powerful outfits of the east or middlewest. Brown Has a Claim Brown, too, enters some claim for recognition in spite of having. its winning streak checked by a final tie with Colgate. Notre Dame after eight straight victories over rugged foes, and a defensive record of yield- ing only one touchdown, had its case all ready for argument until Car- negie swooped over the prostrate Hoo: in an astonishing 19 to 0 upheay Notre Dame's elimination left the middlewest without a real national title contender for the first time in years. | Temperature and Road Conditions | (Mercury readings at 7 a, m.) Bismarck—Clear, 18; roads St. Cloud—Cloudy, 15; roads good. Minot—Cloudy, 6; roads drifted. Mankato—Cloudy, 16; roads good. Duluth—Partly cloudy, 12; roads good. Jamestown—Cloudy, 21; ronds fair. Winona—Cloudy, 17; roads fair. Mandan—Partly cloudy, 13; good. Grand Forks—Cloudy, 18; “MMbbing—Partly cloudy, 8; drifted im places ee ez