The Bismarck Tribune Newspaper, January 26, 1927, Page 1

WEATHER FORECAST Partly cloudy tonight,and Thypsy jay. ; Rising mperatare.. ESTABLISHED 1878 =| THE BIS BISMARCK, NORTH DAKOTA, WEDNESDAY, JANUARY 26, 1927 CAPITAL PUNI ‘NO-SMOKING BILL REMAINS ON STATUTES House Kills Measure Calling For Repeal of Law Passed Two Years Ago BILL IS MUCH DEBATED Proponents of Repeal Claim Law Is Openly and Fla- grantly Violated Forced sale or lease within 90 elevator at Drake, a bill before the house, was ap- proved today by the committee of the whole after a sharp fight. Nonpartisans opposing the - bill sought passage of an amend- ment which would aut! ize the state industrial commission to reject bi The bill is scheduled for final Passage tomorrow and the vote in committee today indicates that it will carry. Having taken time off to listen to the senate deb: on capital punish- ment, the house Tuesday resumed an argument which had been raging on the bill to kill the law forbidding . smoking in public places and finally killed the measure by an 81 to 28 vote. = The debate came when Herman Rabe, Stark county, submitted a mi- nority report in which he recommend- | ed passage of the repeal act. Other members of the temperance commit- tee recommended that the repeal bill | debe killed. | Other bills killed by the house were | one requiring judges to suspend all | persons convicted of driving automo-; hiles while intoxicated from driving } motor cars for one year and a bill} requiring that mortgagees file statis- | factions of mortgages for record. | Having spent most of its time in| argument on the “no-smoking” bill,| the house was unable to complete its | calendar and met early today to act | on the business which was unfinish- ed Tuesday. Twichell Starts Fight, The fight on the “no-smoking” bill came when L,-L, Twichell,, majority leader, moved that the minority re- port. be substituted for the majority report. His omnipresent cigar was cocked at an aggressive angle as he Trubshaw, Barnes county, asked that the repeal bill be killed and declared that non-smokers as well as smokers have personal privic leges and he doesn’t like his food saturated’ with cigar smoke. No gentleman, he averred, would smoke in a public place or in the presence of a2 woman. J. H. McCay, Sioux county, said he wouldn’t dare to go home if he voted for the repeal since many organiza- tions in his district opposed it. Re- peal would be a step backward, he said, and charged that state hotel inspectors are responsible for the ad- mitted failure to support the law. Cannet Legislate Manners A. 0. Brown, Adams county, author of the repeal measure, agreed that ‘ gentlemen shouldn't offend women or ‘others by smoking but cited the fact that the law has been “openly and flagrantly violated” and that he knew A Picture Story 3 WOUNDED, IN QUN- BATTLE sheriffs Posse and Alleged Moonshiner ‘Shoot It Out’ f j aa in, Aftempted Raid | Camden, Atk., Jan. 26.—)—Two men are dead and three afé slightly wounded as the result of a pi ched , battle between a’ sheriff's posse and/ an alleged gioonshiner near here last, night. | During a raig.on . Paul Stanley's, home—a fént--Stanley and | Deputy, Sheriff Zéch Horton were kille, Sheriff Aethpr J Ellis, Jack Lewi whose standing in the raiding party was not efinitely established, and of no case in which an arrest had 4. been made. He suggested that hotel proprietors and others could have a house rule against smooking in din- (Continued on page seven.) TRAIN AND CAR CRASH, KILLING 4 YOUNG MEN Victims Were Returning From Dance—Accident Occurs Near Marvin, 8. D. Aberdeen, 8S. D., Jan, 26.—(#)—Four young men, returning from a dance at Marvin, were instantly killed when the coupe in which they were riding crashed into Milwaukee train No. 18, the Columbian, near Marvin, about 3 o’clock this morning. ve The de Walter Foss, Alfred Pratt, Harvey ger and John Griesson. ; The four were returning from a da at Bigston and were going to a farm southwest of Milbank, where they were employed picking corn, It is believed the glass of their closed car was so-badly frosted they did not see the approaching train. Rail Rate Reduced to ')~ Grand Forks Meeting The Northern Pacific railway to- day announced a rate of fare and one-half on the certificate plan to the annual convention of the North Dakota, Retail Merchants Association at Grand Forks March 8-10. This rate will apply from all points in North Dakota, subjeet.to minimum attendance of 150, F. D. Deefing, ‘of Louann, Ark., a by- | stander, were wounded. Witnesses said Stanley had been! “tipped off” that the tent was to be raided. His wife and their 20-year- | old daughter lived in an adjoining, tent, and Stanley, witnesse; \d, lay in ambush for the officer: When Deputy Horton approached,! it was lared, Stanley opened fire, killing him instantly. B. M. Milner, another deputy, then opened fire upon! Stanley. The officers ‘also carried,» besides the regular search warrants, a war- rant for the arrest of Mrs. Stanley,’ brought by Lewis on a charge of dis- turbing the. peace. f Weather Report | Weather conditions at North Da- kote points for the 24 hours ending at 8 a. m. today. ‘Temperature at 7 a. m. “iy Highest yesterday . Lowest last night Precipitation to 7 Highest wind velocity . WEATHER FORRCAST For Bismarck and vicinity: Partly cloudy tonight and Thursday. Rising! temperatyre. For North Dakota: donight and Thursday, perature. WEATHER CONDITIONS ‘ The high pressure area has moved southeastward to the Great Lakes region, and’ upper Mississippi Valley and very: low temperatures prevail ayer those sections. A low pressure area has appeared over the Canadian Rockies and considerably warmer weather ptevails in the Northwest. The temperature was below zero in the northern Plains States this morn- ing, but it is rising rapid); Light precipitation occurred in the southern Plains States. Elsewhere the weather is génerally fair. S _ORRIS W. ROBERTS, Official in charge Members of the congregations of 14 . 0 15 { ' Partly cloudy Rising tem- of Mother Love For three years the shack pictured above has been the home of Mrs. Kate Farnell, shown at the left, The shack is just ont- side thé walla of ‘the Towa ‘state ‘penitentiary at Fort Madison. Mrs, Farnell lives in it to be near her son, Gean Farnell, shown delow, whose sentence may keep him in the prison for life. “Tl be waiting if he ever comes out,” Mrs. . Farnell says. Today’s Program in Legislature House meets at 1 p. m,, senate pn crop mortgage bill or final consideration in senate, House to take up bill changing official newspaper law. action on stute health do- partment appropriation scheduled in house, FARM AID BILL WILL BE GIVEN RIGHT OF WAY House Rules Committee De- cides to Take Up MeNary- Haugen Bill Very Soon "Washington, Jan, 26—(#)—The house. rules committee decided today to give the MeNary-Haugen’ farm re- Tief bill the legislative right of way as soon as the house completes an- nual appropriation measures. Decision to give the farm relief measure prefrential consideration was unanimous. Chairman Snell said the committe took the position that a bill of such importance should be permitted to come to the floor for consideration by the house. Chairman Haugen of the agriculture committee, which reported the bill, will appear before the rules commit- tee Saturday to discuss the time to be allowed for general debate. It is expected that the last appro- priution bill will be completed by next Wednesday or Thursday, Snell , ‘and immediately after the farm relief will be given its day in court. BUS LINE 10 LEMMON, PLAN Interstate Transportation Co. to Have Daily Service to South Dakota Town A ‘new bus line, running from Bis- marck to Lemmon, 8..D., will be put into operation by the Interstate Transportation company about Feb- ruary 20, according to announcement made today. »~ — ” The line will_run “via Mandan, Flasher, Carson, Elgin, New Leipsig, Bentley and the Bicycle Ranch to Lemmon daily, ing here in the morning and arriving about noon. A return trip to Bis‘ marck will be made in the afternoon, according to plans. 3 Securing of government pouch ervice for first class mail is ‘heing ntemplated for the bus line, ‘ACQUITTED OF “MURDER COUNT lJury Finds That Rev. ‘ Frank Norris Shot Chipps in Self Defense Baptist Minister Receives Verdict Calmly—Declines to Make Statement Austin, Texas, Jan, 26.—(4)—The j Rev. J. Frank Norris today resumed | active leadership of his large Baptist | congregation at Fort Worth, acquitted of a charge of murder for the slaying of Dexter E. Chipps in the church study July 17 last, i | } In acquitting the fundamentalist i night found that Dr. Norris shot and killed Chipps in self defense. The verdict. was in conformity te the in- ‘| structions: of Judge James R. Hamil- ton that if the evidence showed the lumberman threatened the_ pastor, when he called at the study to pro- test attacks on the administration of Mayor H, C, Meacham of Fort Worth, then they must acquit him. The pastor received the announce- ment calmly but wept as friends crowded about the counsel table where he stood with his wife, two j sons and attorney's. Dr. Norris de- clined to make a statement but an- | nounced through friends that he | would preside at the weekly prayer ; meeting at his church tonight. Dexter FE. Chipp json of the lumbs verdict was read. mother, It will hurt h Mness prevented M | attending. sions. ‘DIFFICULTY OVER LAND'TA IS. IMAGINARY When Taxes Must Be Paid, Governor Contends Chipps from closing ses- | | | Governor A. G. Sorlie will not dress a special message to the le; lature soliciting its help in so! the problem of paying delinquent taxes on land which the state has acquired by mortgage foreclosure. Definite announcement to that ef- fect was mide by the executive in a statement this morning. The difficulty which had caused anticipation of a special message re sulted from the recent supreme court decision which held that the state is exempt from paying taxes on land to which it holds title but that it is lia- able for taxes accrued on the prop- erty before the title is acquired by the state. ‘The presumption by officials of the Bank of North Dakota and some members of the industrial commis- sion was that the state must raise some $520,000 to pay the back tace: Of this amount $120,000 already hua been paid, funds having been ad- vanced by the bank. The Governor’s Contention Governor Sorlie said today, how- ever, that the difficulty is really imaginary and that the court’s de- cision does ngt require immediate payment of buck taxes as bank of- ficials and other industrial commis- sion members had supposed. “I am not a lawyer and I am glad of that fact,” he said. “But I can read and apply common horse sense to what I read.” ‘The supreme court’s decision makes it clear, Governor Sorlie said, that the state must ray the back taves hut does not specify when. On the con- trary 10 siuces specitically that 1 45 not to be construed as giving coun- ties the right to sue the state for back taxes, = pascal 1ne meaning he has derive Bites & careful perusal of the v,... vhat the state can let delinquent taxes run until the land is resold whne the counay will be paid out of the proceeds of the sale of the land on which the tax was levied. The excutive indicated that he may advo- cate passage of a law providing the same method of handling taxes which have ‘been bought in by private indi- viduals, thus assuring them of their money without embarrassing the state. d ing: a: Would Draw Interest The delinquent taxes which the state could neglect to pay until re- sale of the property would draw in- terest at the rate of six per cent a year which the state would, of course, have to pay, the governor said. If the governor's view is adopted and his suggestion as to meeting the situation followed out, it would re- Meve the appropriation committee of the legislature. of the necessity of cutting half a million dollars off the state budget or levying any additional tdxes to raise the money with which | to nav the delinquent taxes on land ‘now owned by the state as the result of forecoleure: proceedings, — ¢ 3 { |TO’ RESUME PASTORATE pastor, a jury in district court last | .| partments OLSON'S BILL - PROVIDES FOR | ~NEW BUILDING Would Transfer Funds to! Erect Another Structure Op- posite Memorial Building M NEEDED j $300,000 1S Bill in Line With Recommen- dations Made By Governor Sorlie and Kitchen A bill providing for the erection jon the state capitol grounds of building to be known as the agri cultural building of North Dakota was scheduled for introduction in ‘ho state senate today by Senator Obert Qlson of Bismarck. The measure provides for a transfer of part of the accumulated funds in the capitol building fund to erect a structure of exterior appearance to match ‘the present Memorial building. - A transfer of $300,000 is called for in the bill. There is now ac: cumulated $700,000 in the capitol building fund, and no appropria- | tion whatever would be necessary to pay for construction of the pro- posed building. Recommended By Governor The bill is in line with recom- | mendations. made by Gov. A. Sorlie in his message to the pri ent legislative assembly, wherein he urged the erection of a building opposite the Memorial building, f similar architectural design. building shculd be named the Agricultural building and could be used to house several state de- that are now over- vded,” the governor said. The proposal also meets recom- mendations made by J. A. Kitchen, issioner of agriculture and | n his biennial report to the slature of Sept. 1, 1926. M tchen told cf the crowded office conditions row existing and urged | | that a building be provided to e state work now using rented | space and to provide for necessa j expansion of the state offices. suggested that such a structure bi ‘dedigated to. agriculture, | Dakota’s major’ industry | More Rcom Badly Necded Those in favor of the erection of | “such a building now contend that it will be many years before the ) capitol byilding fund accumulates to an amount sufficient to erect 2 | suitable capitol fer this state and ;for that reason part of the funds | jon hand should be utilized new te | remedy the crowded office condi- tions. ' The ‘transfer, if authorized, would use funds drawing small rates of interest to erect a build ing that would properly house de- partments, boards and commis sions now paying rent, the absolute demand for office quarters in the capitol. proposed site of the structur would conform with the future | state capitol plans, according to | the plans of landscape architecis, or it would align with Governor Sorlie’s idea of a group of office buildings as recommended in his message to the legislature. le e North 8 FISHERMEN MAROONED IN DRIFTING ICE Have Been at Mercy of Winds and Waves of Lake Michi- ’ gan Several Days if Michigan City, Indiana, Jan. 26. (#)—At the mercy of the winds and waves of Lake Michigan, three fish- ermen, marooned on the tiny tug Imperial as she lay in the grip of a huge drifting ice field, 10 miles off Michigan City, turned to the skies today for succor, The sheet of ice holding the tub fast was surrounded by open water and beyond that ice packed again, preventing the men from reaching shore and making them dependent on airplanes for their food and (other supplies. Even with aircraft making contact, there was no certainty as tu the fate of the Imperial, if left fur long in the midst of the shifting ice. The trio had been without tood since Sunday when the tug was sight- ed at dusk yesterday by an airplane pilot who swooped down to drop bags of food, fuel und clothing. | Food. was the first thought of the | marooned men, and they eagerly seiz- ed upon the supplies dropped when the plane swept within 1 feet of them. Later they opened other :up- plies and had a fire going when the plane headed for shore, The airmen were able to hoid brief conversation with the trio, Frank Jentzen and Harvey Fryer, who are married, and Joe Van Kirk, and as-| sured them of further aid. A farmer in Lincolnshire, England, sprayed his field of potatoes by airplane. It took 25 minutes. Or- dinarily the job would have taken two days. ie | supreme court. | at Aberdeen. In For Dan, Out For ‘Ma’ jor of Texas andi"Ma” Ferguson was lapsing back into private eit ip when these. picture The upper photo shews the red-headed young Lone Gight) being sworn in by ©. M. Curete ief justi Below are Moody and Mrs side during the ceremonies, icily ignoring eacky other, (MERCHANTS OF Today’s Doings in Nation’s Capital Congress meeks Senate resum of deficiency bill, Four-depariment supply bill is ain before the house oreign re meets on Nic W. C2. U, essions on prohibition enforcement. STRASBURG wom |} THIS DISTRICT consideration HOLD MEETIN ‘Precio of Community De- velopment Meets With Ap- \ ; proval of Business Men | Approval of the program of com I; » development as outlined by | President M.A. Johnson of the North | ail Merchanty Association | ssed by Dakota Re meeting held here yesterday, C. T. Thompson, Wilton merchant, presided as temporary chairman of the meeting and told of the commun- ity work that was being done by the ants in his town. . Schulz of Washburn spoke on ¢ possibilities of agricultural de- velopment work to be undertaken by the merchants in addition to their present campaign of education in the interests of barberry eradication. Mr. chulz pointed out the need of di- tion in the western part of No Material Change in Condi- tion—Too Ill to Be Moved For X-rays (@)—Still ved to be H. M. Walker of Strasburg, was in Fort Crook army hos day, too ill to be moved for ty examination to determine the exten' of his injuries, Found. in a, pasture Monday night, bound, hand and’, foot und badly beaten about the head, Walker is be- lieved to have been attacked by rob- bers who were frightened away i chants conduct a serkes of joint farmers’ and merchants’ meetings at which these ideas could be brought home to the people of western North Dakota. W. B. Powell, state secretary of the North Dakota Retail Merchants Asso- cistion, took kindly to the suggestions of Mr. Schulz and expressed an opin- ion that such meetings would be | conducted in western North Dakota by ithe merchants during the month of June. Roy Logan of Bismarck dis- cussed the projects that are being undertaken by various service clubs throughout the state and suggested the cooperation of the merchants with these projects. The meeting held in Bigmarck yes- terday is similar to a series of district conventions that are being conducted : | over North Dakota by the Retail i — Merchants assoeiation in preparation Brainerd Reports 39 Below for the state convention to be held Twin Ci Experience 21 | at Grand Forks March 8, 9 and 10. A « meeting similar to the one held in Below Zero Weather marek is being held in La Moure vsicians terial change today, except that his pulse fairly’ good. MINNESOTAIS GETTING BRUNT | OF COLD WAVE tk ' tod St. Paul, Jan. 26. ()- Biting cold aoe: tightened its grip on the northwest’ Prizes Are Awarded to Bowling Victors striking Minnesota, where Brainerd, reported 39 below. ! Temperatures in other parts of the Although Bismarck bowlers failed state ranged from that figure up to to carry off top honors in the state 12 below at Mankato, the warmest bowling tournament held at James- spot in the state. The Twin Cities tuwn recently, they won several had 21 below. events for which they were awarded Although in the wake of the frigid prizes, an announcement made by wave, North Dakota reported marks officials today states. A prize of $20 ranging from M below at Minot to 22 was awarded to the Oscar H. Will below at. Fargo. ‘team for placing eighth in the five- In South Dakota, temperatures man event, while Hummell-Callender ranged from three below at Rapid and Erickson-Ripple ‘won prizes in City, in the Black Hills, to 21 below the doubles, each being awarded $3.35, ! The first white woman born in Al-' Kissing is not favored in Japan, ate and suggested that the mer- | PRICE FIVE CENTS PUNISHMENT BILL 1S KILLED | TEXAS PASTOR ‘SENATE VOTES ‘AGAINST DEATH PENALTY 30-19 | crowd Packs’ Senate Floor | and Galleries as Solons De- bate Important Bill |AMENDMENT PUT DOWN \e | Lyne, Patterson and Hamil- | ton Oppose Measure— | Ritchie, Sathre For It The house joined the senate today in asking an increase in sulary. The house passed sen- ate bill 41, introduced by Senator C, J. Olson of Barnes county by a vote of 7@ to 35. The hill ankw that the question of a aalary crease be submitted to a vote of the people. It would make the salaries $600 u sexsion. The house today passed house bill 68, appropriating $2,000 for the «tate corn show for the bi- ennium, by a vote of 79 to 29. There was no debate on the bill. | The senate killed the bill to re- | establish capital punishment in North | Dakota Tuesday after an hour's spir- j ited debate. The vote, a non-party | division, was 30 to 19, An audience that crowded the gal- |leries of the senate chamber and overflowed on the senate floor heard arguments that ‘ranged from jibes and sarcasm to poetical and Biblical quotations while the senate threshed out the question. Senator C, Erick county, opened the di | motion to amend the death penalty bill to apply to men only. He said | that in the state penitentiary there are 307 men and but three women. “If a woman kills a man, the chances |are he should have been killed long contention. | For some time Lieut. Gov. Walter Maddock asked for a second to the motion in vain, but Senator G, Pat- ‘terson, Renville county, finally sec- | onded it after Senator D, H. Hamil- \ton, McHenry county, objected to the motion on the grounds that it was “class legislation.” Erickson voted alone for adoption of the amendment, Baird Senator L. R. Baird, Stark county, briefly explained why he introduced the bill. He said that as far os he knows crime conditions are no worse than ever, but said that when the death penalty was first repealed it was done under the sway of emotion. He said that since then there has been much dissatisfaction and he had received unfavorable reprrts. | Senator W. D. Lynch, LeMoure Jcounty, spoke at length against the bill. e have a great wave of crime but I don't believe that anyone can point to North Dakota as less law- abiding because of the abolition of canital punishment,” he said. Delays in trials brought about by strong community sentiment were scored by Lynch as the big fault in (Cor ed on page seven.) ‘MANY TROOPS BEING MOVED TOWARD CHINA British Land and Naval Forees Converging as Dem- onstration of Readiness { | i London, Jan, 26,—(#)--British land and naval forces are converging on China as a demonstration of readiness to protect British life and property should they be placed in jeopardy through belligerent acts by the Chin- ese. When the fighting ships ordered to proceed to Chinese waters join the war ships already on the scene, there will be assembled the most impressive flotilla of fighting units since thq armistice. Estimates of the total number of effectives which will then be ready for eventualities, both on land and sea, are between 19,000 and 21,000. 000 Marines En Route Yesterday 1,000 marines left Ports- mouth for Shanghai. Before the end of the week it is expected that more ‘than 11,000 infantrymen will be en Toute to China. It is thought likely that orders also will be given to a number of nurses to be prepared to go with the infantry brigades, | At Chatham, nine destroyers are | perparing to sail, probably within a | fortnight; four cruisers are steaming from the Mediterranean; two are pro- ceeding from the East Indies, while two destroyers and two gumbosts have left Malta, to be followed shertly: by the cruiser Dauntless, *. Among the fighting units al Ee China station are six eee troyers and 15 gunboats, te gether with submarines, ships, a mine sweeper and an carrier, ‘ Although going ahead with the preparations, the offi¢lais { herta. Canada, is still alive and well. with the result that 800,000 feet of| the She is Mrs, John Graham, of Cal- embraces have been stricken from C3, and was born in 1868 in a tiny recent films exhibited in that coun- dson’s Bay settlement, try, government: f that an amicable and