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

e ====|THE BISMARCK TRIBUNE Lion ESTABLISHED 1873 SUPREME COURT “in Conviet tire, DIRECTS STEEN! secon secon sees and three companions were riding] after a costume ball in Cambridge. Case Hinged on Validity of | gE ¥ztis eatbed, in conviet attire, Emergency Clause Making 7, Bill Effective at Once AMERICANS ALL ABOARD SHIPS TODAY With Exception of One Killed Reorganization of the state high- and 4 Injured, All Are way department under the bill passed . by the legislature at its last session Reported Safe was legal, the supreme court held in an opinion today. The case hinged ; ! on the validity of the emergency! Shanghai, March 26.—@—All the! clause which made the bill effective: Americans at Nanking, other than) GOVERNOR IS UPHELD Legislative Record Does Not Contradict Emergency Recitalsin Bill The validity of the emergency clause ! injured, are accounted safe in wire- was attacked in an opinion presented | less dispatches received here shortly to State Auditor John Steen by the , before 6 o'clock tonight. attorney general's office. The 120 Americans who took refuge The court issued a writ of man-!in Nanking University from the damus directing State Auditor Steen Tioting Chinese are all reported; to pay bills contracted by the state! aboard the ships in the river. Thej highway department and approved by , known Aimerican casualties are: officers named at the reorganization| <# The Dead Dr. J. E. Williams, of Shawnee, Q Because of the possibility that the | Ohio, vice president of Nanking highway department pay roll and| University, other bills would be held up until a || The Injured . final decision was reached, the case Miss Anna F. Moffet, Fort was taken direct to the supreme L., formerly of 4 court fo avoid unnecessary delay. .. of the Presbyterian The case was presented to the court and argue last Wednesday. Steen had refused to pay any bills incur-; Tecpver, tis: Kipkeey aeparcnentand Private Plumley of the marine certified for payment by officers| COtP* it ket appointed under the reorganization | mia on the ground that the emergency . claves inthe reorganization: DIT bad peel T: ebest, manayes | ot not been legally passed and that the nin Gil plant at Nank- | bill would not be legally effective ee until July 1. 1 In its decision the court said: “It WD sme was shobetnn eee is presumed that all steps necessary | D10° . i to ‘effact the Jegialative feeoult evi-| tity The erime was witnessed by denced by an enrolled bill have been ree Reap inys omega «ht niet regularly taken, and this presumption ldo his’ honie ‘wKlle ‘Cane will prevail until the contrary is ak a made to appear from the records! (4 2 dupiainds on enlise showing the action of the legislative | ogp"™good bye” in Cantonese, wiere- upon a soldier turned and shot him. at bar the reorganiza-| "?°" Work ‘in Close Cooperation | introduced in the house A ‘i ; Although dispgtches from Nanking mae bets, We, Cs Salas ENSUE SAN- 1 405) 90: stake deffnitely that Ame: ing received enough votes to carry pects} the emergency clause. ‘The senate forcen participated inthe | landing passed the bill and its president de- foreigners concentrated on Socony} Gared: she. sioaraesay cee ee enn Hill ‘Tharsday, American. officials, hhe house then voted on the bill a8! here believe they undoubtedly did, umended by, the senate and the speak-| ag British and Americuns have been er also declared the emergency working in closest cooperation, shar- & c' nationals. fre" bill by the finst ‘vote in the | At least it ja certain that the mar- ‘house and that no affirmative action | ine guards of the United States cone was taken thereafter to reinstate it.| gulute at Nanking took ‘pitt eves! ‘The Court's Comment Si Aiming and momulited: themselves Commenting on the various phases | SPlendicly, | They Ware cing out tire of the bill’s passage through the | SPonsivle tor say nm uding. the legislature, the court held that the | oe een ey ee Davis “legislative record does not contra- | “™* 3 2 dict the recital in the enrolled bill that it should be in effect from and after its passage and approval and that it does not disprove that the measure, with the emergency clause, passed both houses by the constit 3 tional two-thirds majority to make such clause effective.” The court also held that failure of a bill bearing an emergency clause to receive the vote necessary to Ay Ihuks the ‘emergency clause effective | ANMual Affair to Be Held “is not equivalent to an amendment 5, i striking : such, emer ney clause from About June 15, Cow Testing ie bill, and a legislative recor +! Showing’ (he) feilartrtet cle. brows | GtGmP> Members Decide te, to give its assent by two-thirds vote, does} Members of the Burleigh County net contradict the emergency reci-|Cow Testing a ation will tals in the enrolled bi their annual p ‘on or about June 15, at the W. Keidel farm near Man- Boxer. Stabbed to dan, they decided at a meeting: held | . 4 ; recently. De: In charge of arrange! ts for the ath in Fight In affair a re : Sehnsléat, Bay. Be Breen, W. Keidel and John stu- Hollywood Tea Room ter. Members of other cow testing! hi Sarr aa associations in this vicinity are to lollywood, Calif., March 26—()|be invited to the picnic.{ | upon its signature by the governor. | the one known to be killed and four ey still, found in a garage. from which the Nevers’ expensive automo- until rec house last night and, unable to get J. A. Keith, watchman, The man,| lerty was found intact, as were sev- eral trunks. party which went to the rescue of the! i ~-Eddie Diggings, 29, well known] Speakers for the picnic are to be lightweight boxer, was stabbed to| selected soon. Visitors are expected death early today in what police said|to bring a basket lunch, although re- was a free-for-all fight in a Holly-|freshments will be had on the wood tea room. Nine men and] grounds. women including Lloyd Hamilton,| Action to eftablish a unit by which motion picture comedian, were held| the pay of the circuit tester might for questioning. be standardised was taken at the paoetine. sAdtivignal payment Milt ye grante e tester where herds number moge than 30 head. |" Weather Report }/*r'sseri* 22". ain martin aw Pre: aeat Lo. Garski Weather conditions at North Da-| Who told of its work in the pa i expressed appreciation at the coo) kote pelpte far the. At Dente, SReiae atgon, given the organization by Temperature at 7a. m. ... ck busiiiegg men. pe ie Hanewald Takes Position With Precipitation to 7 a. m, ... Highest wind velocity .. WEATHER FORECAST For Bismarck and vicinity: Mostly reer Phi sede and Sunday. Warmer ‘onight. W. GC. Hanéwald of Bismarck, who For North Dakota: Mostly cloudy|has been a salesman for McDonald tonight and Sunday. Warmer to-| Brothers company of Minneapolis for night. the past 23 years, the | 7 of WEATHER CONDITIONS which he has covered this territory The low pressure ates is centered|with his headquarters here, will in over the lower Great Lakes region|the fut cover the same area for this morning and precipitation: oc-| Butler Brothers, it was announced curred from the ut Mi |ppi | today. ti Valley eastward. h pressure| Butler Brothers, a wholesale ap area accompanied by fair and colder ply house with warehouse units in weather prevails over the Plains|five American cities, including Min- States. Fair weather, with rising|n rec tl temperature peornils over the Rocky good will Mountain region. ! Donald Brothers company. + OBBIS W. ROBERTS, | firms were founded in 1877 and were Official in charge. | 50 years old this year. Both are i STATEMENT CaLL.1s | |"'WAK the purchase of the McDon: BAN! purchase of the - ISSUED ‘d_ Broth« pany, Butler Broth- Butler Brothers, ers com! Washington, March 26.—(7)—The|ers immediately offered Mr. Hane- comptroller of the currency fosay is-|wald the sane’ torritary with them Sted a call for the condition ef ali|which he had been covering for Me- national banks at the close of busi-|Dovald Brothers, together with a nice ness op Wednesday, March 23, ~ mereage in salary. ace al ah owe vise at ve beeen N KILLINGS ARE BRING PROBED Miamj Police Find Bodies of Woman and Her Husband in Locked House BLOODSTAINS | FOUND} Woman’s Head Cut, Bruised —Man’s Body, Rope About Neck, in Closet Miami, Fla. March 26.--(4)--A house In a scheduled section that for 10 days held behind locked doors the mutilated bodies of Mrs. Edward Nevers, 42, and a man thought to be her husband, echoed to movements of the police today. A bloodstained hatchet and a whis- bile had’ disappeared, only mysterious aspects to the s' Police were searching for known as a friend of the family who tly roomed in the home. A business woman called at the & response to repeated calls, called entering with a pass key, observed bloodstains in the hallway. He summoned officers, who found the bodies in a bedroom. No Signs of Struggle Mrs. Nevers’ body, the head cut and bruised, was seated upright in a air while that of the man, identi- fied by acquaintance jevers, was stuffed in a hall closet, u ‘rope around his neck. There were’ no signs of a struggle. A strong box containing jewels and deeds to prop- A newspaper of March 15 wa found in the bed room, The dining! room table had been set for b several foods untouched. other part of the ho 1 quantity of whiskey was found, indicating to police association with the still. Mr. and Mrs. Nevers, known to aequaintapces as u_ devoted coupie, came to Miami frem Chicago about four years ago. NEW TASK CONFRONTS MIAMI AUTHORITIES March 26—4(#)- Authoritie: she =murder of Ann Nevers, 4 doa man at fi believed to be her husband, Edw: Nevers, were, confronted today with the task of establishing positive identification of the man’s body found in the same room with the mutilated body of Mrs. Nevers. The. bodies were found last night| and the double murder is believed BISMARCK, NORTH DAKOTA, SATURDAY, MARCH 26, 1927. 1.500 MORE U.S. MARINES ORDERED TO CHINA Reorganization of State Highway Department Declared Legal MYSTERIOUS | - On Guard in Shanghai— Now a City of Terror s from Shanghai, fecus of latest Chinese civil war developments, ap) ng along “Bubbling Wells road” to positions around the f vase the foreign settlements , taken as he lef! latest. photographs to reach the United Stat ing view of a column of British infantry ma a_corner of which is shown. a ; b icture of Admiral Clarence Williams, commander of the Ame ers of the allied pow¢ NEA Service photographs were’ ni was flashed around the I$ CALLED OFF BY MANIFESTO! Letter Signed By Leaders of twill | Both Tongs States Truce Is Still Effective ck will be one Fall of Shanghai to the Cantonese w tin at the time th reached San Francisco by . hip courier just as news of the Telephoto wires were used to rush the pictures from San Francisco to The Tribune. WRITES GIRL; GETS ANSWER FROM POLICE “Local Man Corresponds With Authoress, Sends Candy; She Suspects Poison Plot on defense meas Burr Speaks at Men’s Club Meet © Alexander Burr was the n Services to Be Tomorrow nr Robert Lloyd | byterian chureb. | and interment ra B i into use, and how the SUCCESSFUL IN The body will lie in. st: ' Webb Brother's Faneral F New York, March 26-)—Chinese | to have been committed 10 days’ ago. Identification was difficult because of the condition of both bodies. Investigators for the Sheriff's of- fice today announced the theory that the dead man is C. H. Collins, room- er at the Nevers’ home, whom police previously announced ' they would seek for questioning. Collins’ body was found in the garage, while the expensive ear owned by Nevers is missing. Authorities have dismissed robbery as a possible motive for the double slayin; - NEW ANGLE IS FORD LAWSUIT chieftains today there is no wa and there must be no killings. The order, a letter signed by the Presidents of the On Leong and Hip s, was drafted at a confer- ence called by District Attorney ton who threatened wholesale dep MUSIC CONTEST ‘Grand Forks and Valley City Young People Win Places in Annual Event Reading a magazine several weeks teh by a woman from Pasadena, ‘sive chord in his heart. He read i it and then he He decided to write to the, authoress and tell her how much he had appreciated her ready has taken 10 lives in six cit e i Wane James Martin Miller, Former; New York Newspaperman, the rival tong leaders were conferring with the distric two more Chinese were kill-: An answer ci back which could Mrs. Gage, Former Bismarckan, Dies in San Diego, Calif. Mrs. J. R. Gage of San Diego, Calif, formerly of Bismarck, died yesterday according to word received in Bismarck. Mrs. Gage, an old time resident of Bismarck, was 84 years of age. She left Bismarck about 1 years ago and recently has been mak- ing her home with her daughter, Mrs, Alfred Chabot, in San Diego. Mrs. Gage suffered a stroke of paralysis about two years ago and has been in poor health since. She is well remembered by many of the pioneer residents of the city. Readers of The Tribune will be glad to hi that “MOM ’: iP. a0 leading characters in the comic stri ig aor Bismarck. With them, naturally, my, = Bi eee bey and also their just stay away from . And Tribun map, they say. have them back as they we to return. The: on the comjc pare ef Se néwspaper on And you'll shortly become interested “MOM 'N PO. Called to the Stand certainly be clas: for the woman author wrote this: | Plac | “I have just received your letter sion of the } along with dozens of others and take Musical {pleasure in answering you. ry hat I might be able to be friends the first direct testimony | with ull the nice people who have) Minneapolis took two o taken the trouble they approve ed as encouragin, one in Washington and anothe: in’ Cambridge, Mass. sh urred before the “manife: been sent out. The letter declar ed two yeurs ago still is in urged members of both tongs to re It disclaims responsibi piro-Ford $1,000,000 libel 1 wish ;at the Univer | of three first ‘onnecting the Johnson, ® | manufacturer with a series of arti attacking the er of farm cooperative organ- stand I have But they certainly surprised ; world dreamed he entire group repr claimed a killing in New to have been a tong affair ing men to take cover, ; war was on again. 1 The district attorney said he be-) (er Court te nel MWeved the. tong leaders innocent of |2x Women and ¢ ibility for the outbreak and! expressed confidence killings would vised all Hip Just a few minutes before the time for court to adjourn and send the H orth und South Dakota contest- ants who took first places were race Williams, Huron, in the piano Miss Helen Matson, “It just made me angry and exa: | perated to think that men would take advantdge of a good girl like t i lagher, maneuver-| that I had to tell Brother Harry ho led to give them something to think] the good girls regaided him and his trong insist-! dirty tricks. liam Cameron, editor of |} the Ford-owned Dearborn Independ-| country can still boast of a few men | ¥° 3 responsible for; who are trying ta make a suce: ' kly printed andj the job of being a man. 1a good girl and I sincerely hope’ you men of the jury jhome for two da: William Henry Vermil- Kenrick and female other than the you are not Groebel, Y ¢ that and IT am glad large Chinese sections, did not rela: patrols were maintained. ceAROniIe ota of these be- Rognilie, Harold male artists" e. Grand Forks wa ent, that he alone » two second pla jeverything the wei jfer the policy which .motivated the He found opportunity to dismiss} Cameron, subject to recall serted James Martin Miller, former | |New York newspaperman, ivi ‘Mom ’n Pop’ Back in Town— -So’s Their Whole Menage Sends Box of Cand; Naturally, with a letter the youth felt highly elated. stopped at a candy store, picked out musicians from a good-sized bos sent them on their fornia genius. waited for an answe He did get an answer, but it came js tb Valley City Three second places were taken by PLACE HASN'T CHANGED ABUT, E(THER | Henry Ford,” and as a one-year em-/ iploye of the Dearborn Independent | Ford asked him if he knew ved the reply that he Miller, a surprise ‘ Then he sat back and. baritone, was Sapiro and_re knew of Sapiro, | witness, testified. t in the violin, h i Chief of musician group. ris Martineson. ¥, had received a letter from the writer D. won second place in the female} voice young artists. ! The winners of first place will go) ture. cago next month to take part! She said she reached Socony hill in the national federation of music thoroughly exhausted; the men had clubs’ contest, testified Miller, | ithat Sapiro and ‘some were organizing to bilk the farmers and that “we are going to expose I think we can upset his apple- “Today I received a box of candy} from a Mr, -—- ——— ‘orth Dakota, and as I do not know the gentleman and never heard of before, I um naturally somewhat curious as to his motive in favoring 1 do not know whether am doing the correct thing in con-| sulting you or not, but I should like cart. After that, the proceedings drop- ped back to the dragging routine of most of the two weeks, but Galla- gher’s ruse had worked. Man Injured When Train Strikes Auto Jamestown, N. D., March Lamphere of Hecla, was brought to the hospital Friday evenin; dent in which Northern Pacific train the crossing south of Glover. sustained injuries to his head and leg which are not considered seri- His car was demolished. | Money Allowed For Completion of Road | in Jay Cooke Park to know if there is such a person in your city and if so, what reputation | “Those who know of the arrival of sist that I do not touch “of personal danger to m T am not aware sonal enemies, but 1 guess one can hope } am not in truding on a busy man’: will very much appreciate any infor- mation or ad y i . Chief Martineson, hand or poison plot, started a search for the sender of the candy. he found him, he discovered how the matter lay and St. Paul, March 26.—()—The sen- ate finance committee yesterday ap-'of the wa: proved a request of St. Louis county | station, whe: appropriation of | Amerie: $40,000 for the completion of a road; through Jay Cooke Park. It also sanctioned of $6,500 to buy a s and the old log hou following an acci- is car was struck by priation act of land| Other groups of ri in Browns Val-| early in the afternoon, jley, where Sam Brown, a noted scout, ' total to more than 50. made his home for many years. homesite would be preserved as alto the house in memorial to Brown, who in the ties made a memorable ride to settlers in western Minnesota of im- pending danger from Indian raids! This occui several ind became so frozen in his rt ever afterwards remained a‘ 0. He died in 1925. of that name, have returned to y’ve brought their whole family neighbors, Mr. and Bismarck. Finest town on the e hopes you will be as overjoyed to make their reappearance Watch for them! agen in the daily doings of The) nationalist uniforms opped the case. young man muies: Here they're a “Women are funny. e to you and when you try to re. the favor, they think you're , tying to poison them.” “An echo, my c thing in the world that can keep a woman from having the last word.” —Answers, London, PRICE FIVE CENTS ARMY. UNITS ~ MAY ALSOBE SENT THERE | Troops Will Be Gathered Along Atlantic Seaboard H and Sent to San Diego |MAY EMBARK APRIL 3 \ With This Addition, Total | U.S. Force in War Zone Will Be About 8,000 Washington, March 26.—()—Fif- teen hundred more American marines | were ordered to China today, and { unless the situation improves there jisa Prospect that. infantry, units of | the American army also, will jaia the expeditionary force in the, {trouble zone. The marines will be gat! along the Atlantic seathard, crose the continent by trai sail Prom San Diego, Cali: hey can be concentrated there. has been tentatively fixed aa of embarkation. The trans- lenderson has been ordered from Corinto, Nicaragua, to San Diego, to take the new contingent acrear the Pacific. Williams Asks For More Troops Admiral Williams specifically ask- ed for 1,600 more marines, but rank- ing officials of the state, war and navy departments seriously ednsider- ed whether the available marine con- tingents would be sufficient. It is | likely that the army units at Hawaii jand the Philippines will be held, in readiness to go to China, if they are needed. There already are about 4,500 American marines and blue jackets in Admiral Wiliams’ command in China and Chinese waters. About, 1.600 more blue jackets are aboard three cruisers due in the Chinese zone on April 3, from Honolulu, and six additional destroyers carrying over six hundred men will arrive soon after. The 1,500 marines ordered across the Pacific today will bring the total force to about 8,000 men. Of these, upwards of 5,000 will bo available for landing parties in an emergency. More Than 1,500 Now Ashore Just how many already are ashore is unknown to the navy department, but the number is somewhere in ex- | cess of 1,500. Increase of the forces now under command of Admiral Williams ir the Chinese war zone was decided on after the admiral had reported that excesses among the undisciplined Cantonese troops in the Yangtze . river cities presented a situation fraught with gravest possibilitie: The na‘ officer's me: two early mornin { the other between Secretary Wilbur, Secretary Kellogg, Admiral Eberle, the naval chief of operations, and Major General Summerall, the ‘army chief of staff. REFUGEES RELATE | HARROWING TAI Shanghai, March 26.—(4)—Harrew- ing tales of escapes from death at the hands of lawless bestial Can- tonese soldiers, inflamed against foreigners, were related today,-by Nanking refugees arriving at Shans- hai on the steamers Kungwo and Wenchow. The number of retugecs brought by these steamers totaled 0. Mrs. John K. Davis, wife of the? United States consul, was still shaken by the ordeal. She told of the flight of Americans, including herself and her two children, from the consulate, where Cantonese threatened to kill all foreigners. irs. Davis and her children arrived h nothing save the clothes on their backs. She displayed a bottle of cough syrup given her by an of- ficer on the Kungwo, saying: “Here's my buggage.” | Thursday morning, she related, Americans were gathered at the con- sulate—she and Mr. Davis and their two children, ¢ Consul Paxton, six missionary men, a marine officer, and 11 marines. ;The Jatter had come ashore from the destroyer 3 Tues- day to guard the consulate. ‘At 10 a. m. Thursday word was received that Cantonese troops had begun looting; then it was reported the British and Japanese consuls had been killed and consulates looted. The party started for Socony Hill, which had been designated the concentration point, with the stars and stripes at the head. Soldiers Fire on Party. Hardly had the party left the can- Valley City, N. D.,| sulate when soldiers in nationalist he first of these coming in the male ice Black, second and] jing the two mil 0. Rolf Logan took a similar position] plant. The Davis children, a girl in the student uniforms fired on-them. ‘hey kept up constant sniping from alleys dur- the Socony named Channon, 11, and a boy. named Spencer, 6, bravely walked the entire distance without a whimper. Mrs. Davis’ voice trembled with pride as she related this portion of the adven- to help her along. The sniping grew hea until, when a half mile from the hill, they were almost surround- ed. There they took refuge in a bam- boo grove. Three soldiers, who fol- lowed 50 yards to the rear, fired and hit Private Plumley in the back. He fell, but gamely returned the fire, | killing two of hi sailants, The other fled. The’ est rs and ns Women and children were sent up- as the men pi ft manding mone; {kill all'within. ‘Would Ki Davis and il a ele ts