The Bismarck Tribune Newspaper, June 22, 1927, Page 3

| & + rene a CONVICTS ARE SURROUNDED IN TEXAS SWAMP Prison Officials Anticipate Little Difficulty in Cap- turing 35 Men Houston, Texas, June 22.—(P)— Thirty-five long term white convicts, who escaped from the Ferguson state prison farm near Madisonville, 80 miles north of here, at midnight last night, were believed to have heen surrounded this morning in a densely wooded Trinity river valley, near their camp. Guards from the prison camp were forced by volunteers from all ons of Madison county, called farm authorities to assist in the man hunt. Many of the prisoners were described as desperate char- acters. "s All efforts to communicate with the farm by telephone failed, indi- cating the convicts had cut all wires. So far as could be learned, no one was injured in the break. Headed Off at River ‘he men sawed through their bunk house and ran to a highway where they started toward a ferry on the Trinity river, a short distance north- cast of the farm. Guards hastily took up a position near the ferry and the fugitives were turned south- ward before they céuld cross the river, Dogs were then secured and aided in chasing the men into thickets along the river bank. The section throvgh which the chase led is a vir- tual swamp with mud sever] inches deep. It is impassable in many places to anything except men on foot. Prison officials said they antici- pated little difficulty in’ capturing the men. They declared the dogs would be able to trail the prisoners and that, with the large force of guards and velunteers available, it was only a question of starving the fugitives, into surrenden A mes- sage from th that the fugitives were GAMHONS’ 108 MAY: MAY NOT END ON JULY 4 Governor’s Veto Leaves Him With Job, But No Pay— ‘Way Out’ Is Rumored Approach of July 1 has brought a hush of expectancy tothe state cap- itol here, at least to those who inter- est themselves in the various politi- cal maneuvers which are made by the various factions. Chief among the questions which ure expected to be solved on, July 1 or shortly thereafter. is that of the secretaryship of the state industrial commission, Enough money remains in the. sal- ary fund of the industrial commis- sion to give the present secretary « pay check on July 1 for his services during June. The fund then will be completely exhausted and there will he no more forthcoming, for Governor Sorlie vetoed the appropriation for his salary. Independents Stand Pat Despite the question of where his salary will come from, -Independent members of the commission appar- ently are determined that John Gam- mons, the incumbent, shall remain on the job and rumors filtering through the capitol halls are that they have found a way to pay him, despite the luc that the appropriation was vetoed. Y When other state departments run short of funds they appeal to the emergency commission for aid. Such a course would be useless in this case, however, since the governor controls the emergency commission. The law creating the secretarys! of the industrial commission pro: vides no fixed term of office and no statutory salary. In the event that the salary was fixed by law it would have been useless for the governor to veto the salary appropriation. Since the Independents control the commission and are unwilling to lose Gammons, the governor cannot ob- tain the appointment of someone else in his place, even though he migh be able to raise the money. elsewhere. Meanwhile, capitol circles are quiet- ly waiting for the next step which will come when the money rurs out on July 1, Cooperative Elevators Discussed Before Chicago Group (Continued from paze one) petitors 49 per cent and five to eight competitors 37 per cent. Coopera- tive farmers’ elevators also draw more business than non-cooperative farmers’ elevators. Even in localities where sufficient grain available and a reasonably friendly nee revails among the farmers o} district, the question still remai N it pay the farm- er larger financial, returns to form a cooperative enterprise? Benton said. At. some shel points with no farmers’ ree furnish compe- tition, pri re unduly low, he said, while “on a lor hand some pri indepenge rs, particularly nent and well Ante! pay well for res in, fui getvice- and arc well ier oe the farmer.patrons, he said. “Under. \. latter situation the possible benéfits cep ne derived should be earstolls said. is es secured the iret year or two nied Lie yee A small 22 mh, rather nfo oo costé Ho this midable. handicap to overci tempting to secure new a bers or to hol If all other conditions are favor- able nd a sufficient number of sub- it ee farmers can d ‘ojdct » ready to bet launched, details of organization, "Benton advised agaifst the non-stoc! type of cooperative associations. Lo argh in stock insures a hermes. in the eli ¥ “lg e ‘ton ‘person ma: \) jer of sansa None hold. When the elevator and equipment pane ee RS J ——— —— pe farm told police here} bu WEDNESDAY, JUNE 22, 1927 have been paid for it usumlly is easy to obtain operating cap’ he said. In North Dakota 65.2 per cent. of the farmers’ elevators obtain. operatin capital from commission hegees which. handle their grain in terminal markets; 9.9 per cent have enough | in reserve and surplus; 2.2 per ce! rely on banks and .9 of one per cont| report private loans as the source of their operating capital. The re- mainder use two or more of the sources listed. Other points to be watched, Benton said, are those of obtaining com- petent legal counsel, the erection or purchase of an elevator equipped to give good service at reasonable cost, a carefully devised set of by-laws, directors in whom the members place confidence and a sound business and accounting policy, Tf sidelines are handled, lumbi and farm machinery should be avoi ed, he said, since they require large capital investments, involve heavy credit risks and show a slow turn- over. FOOD BLOCKADE INSTITUTED BY MINE COMPANY Union Plans to Combat Move, Called Effort to Oust Miners From Homes Pittsburgh, June 22—()—Leaders of the United Mine Workers today prepared to combat-a “food block- ade” they alleged police of the Pitts- burgh Terminal Corporation have es- tablished at Mollenauer, a mining town, in an effort to oust union min- ers from houses owned by the com- pany. Proceedings brought by the company to evict the miners now are pending in state superior court with a possibility that no decision will be reached before next winter. Philip Murray, international vice president of the United Mine Work- ers, declared yesterday that the com- pany police have declared an embar- go against all deliveries from Pitts- th merchants and that miners at lollenauer are forced to buy at Castle Shannon, more than a mile Electric lights, he said, have been turned off, necessitating the use of oil lamps and lanterns. President Issues Statement Asked for a statement, Horace F. Baker, president of the company, said it had been found “against our ‘interests to have every one going on our property where there were both union and non-union miners and therefore we laid down rules to ex- clude them.” The Terminal Coal . Corporation, which owns eight mines in the Pitts- burgh district, has been secking to regain possession of its houses for amonths. With the suspension of operations in union bituminous mines April 1, the company announced it would reopen its mines non-union. Its Coverdale mine was reopened April 26. The legal fight over occupancy of the houses began April 20 when the company filed eviction proceedings against 10 union miners at Coverdale. ‘Spokesmen for the corporation at that time said the company would file similar proceedings against some 6,000 union miners and their families who were occupying the corporation’s 1,200 houses. Subsequently. such pro- ceedings were filed against about 100 ‘miners. Carried jo High Court With the filing of the first 10 suits, the union began its fight to prevent eviction of the miners. As each new batch of eviction suits was filed, union council guined a respite through some counter-court action. Eventually all of the ejectment proceedings were carried to the su- perior court by the union. The court will not convene until fall and a de- cision may not be handed down for some time after the session begins. NEW _ SETTLERS ARE NOW BEING BROUGHT HERE (Continued from page one) field work in Minnesota and Iowa. They declared other men similarly engaged report similar progress and the volume of actual land sales this year, as a result of the. association's campaign, of advertising, will depend entirely on the effort put forth by land owners. Personal Work Needed “The buyers are there if North Dakota men will go after them,” Fred A. Irish, treasurer of the asso- ciation, declared. “The assocation’s campaign has made the field fertile. All that is required is. the personal follow-up work.” Pons-Winnecke Comet Visible Last Night Chicago, June 22. , 22—)—The Pons- Winnecke comet, traveler of the skies, became visible last night to the naked eye as it hurtled earthward at the rate of a million miles a day. Chicago observers saw it noar the star Vega, almost ,.overhead — and slightly to the northeast. It had the appearance of a hazy star. ‘As the comet speeds neater the earth ‘during the next few days, astronomers said, it will increase in apparent size until, at its point of nearest approach, will seem larger that the full moon, New York, June 22—~()—Star-gaz- ers on the lookout tonight for the Pons-Winnecke comet should search for a “small patch of illuminated fog” visible an hour after sundown in ; the northeastern sky midway be- tween the horison and the zenith: The celestial visitor will not be difficult to distinguish, say astronomers. It will lie near Vega, the only first magnitude star in that part of the heavens. TRIM BARBERS“ - Bellingham, Wash.—An elderly farmer, famed as -wealther prophet and student of, nature,.said in an interview in a local paper that hair- cutting during the dark of the moon Sas dangerous and conducive to Baianets. There followed'y depres- sion of business for barbers, who protested and anded retraction. THE ONLY: W: omy verses on Spring Vrought me lendid; when’ will they. appear?” lever! | They. -were. lost yer the: {mails after being come for that}: ingen. MUGH TOO coop: Sonths That pai of-mine ouehe “anithers Not hunehungedt. i too good Res hi —rit ‘A LIVES LOST WHEN PALATIAL HOUSE BURNS Four-story Residence of Fur- niture Manufacturer Is Totally Destroyed Boston, Jne 22—(#)—Four deaths resulted from a fire which destroyed the four-story brick and stone resi- jdence of William L. Shearer, Jr., vice jpresident of the Paine Furniture jcompany, on Bay State road in the Bay district early today. The dead: Janet Shearer, 19, daughter of Mr. | Shearer. Bettie Howes, 16, daughter Henry Howes of Boston. Alice Scott, 32, housemaid, Helen McLaughlin, cook. The two girls and the cook were burned to death. Alice Scott was killed when she jumped from a fourth story window to the pavement. Three firemen were injured in fight- ing the blaze. The fire started in the basement from an electric iron which had been left on a shelf. Miss Annie Dickson, a governess, who was believed to have discovered the fire, was the only other person in the building. She was rescued, partially overcome, while clinging to a balcony on the fourth floor of the i” front of the palatial home. ir, Shearer left yesterday for New York on his yacht. PROBLEMS ARE DISCUSSED IN PRIVATE TODAY (Continued from page one) technical ones. actually convey to all the delegates, STATE DEPARTMENT REMAINS OPTIMISTIC Washington, June, 22 — — The state department exerted itself today to make clear that the American proposals presented at the Geneva arms conference represented the best thought of the administration at this time, and that, barring the usual concessions of compromise on detail, the plan should be maintained as the basis for any final agreement. Particular stress was placed on the Japanese stipulation that present naval strength be based on the num- ber of effective ships, which would eliminate from consideration more than 100 American destroyers and cruisers now beyond the replacement age. It was asserted, however, that if the Japanese insist upon their pro- posal, use of the word “effective” would be accompanied by some lib- eral interpretation so as not to re- strict the country’s naval construc- tion, British Program Out of Order As to the British program, the view was held that in addition to b ing out of order at this time because of its relation to the 1922 pact, it offered no tonnage limitation of aux- iliary craft, which is a specific rec- ommendation in the American plan. Personal views of Ambassador Hugh Gibson, chairman of the con- regarding the. two, counter, vosals, had not been cabled to the state department today and the fact was interpreted by officials as evi- dence that he is carefully forming his opinion after conference with their proponents. It was pointed out hat Mr. Gibson would reach his own decisions in company with his naval experts before referring to the Wash- ington government. With the matter completely in Gibson's hagds, Secre- tary Kellogg is maintaining silence on the discussions. Department Optimistic. Despite impressions cabled from Geneva that naval limitations pro- posals put forth by-the three powers in the conference there were so wide- ly divergent as to afford little mai gin for immediate common discus- sion, the department today clung to its optimism that an eventual agree- ment would be, reached. Hope was held that the American proposals for extension of the 5-5-3 principle to auxiliary craft would be accepted virtually intact. The American proposal had the careful consideration of President Coolidge as well as the state and navy departments and was held to represent this country's minimum naval requirements. Therefore it was emphasized that it could not readily be scrapped to accept a for- eign substitute offering less in the way of naval protection. The British counter proposal, which would revise features of the Washington treaty concerning capital ships and aircraft carriers, it, was believed in some quarters here, would not be pressed to the point of en- dangering the conference. The same view was taken of the Japanese pro- posal to maintain the status quo in auxiliary naval strength. Three Prisoners. Escape From Grand Forks Jail (Continued from Dage ona) warning to bankers, asking them to be on the watch for. the men. “The men are liable to attempt of = = obtain suffici mt funds.to- get out of North Dak#-a,” the bankers’ official declared. Too Late’ To Classify FOR, RENT—Six room moder: ) houge newly decorated $40.99, Close’ in. Also four room modern duplex bath, heat and water. furn 222 Second street. Phone 905 aft- er 5200 », m. 2 Pi ts ny omemarsen comet FOR :HENT—Two 'two room. apart- ments, both with closets and gas ranges, screened porch and running water, Also one room with clo: all. fully furnished for light dex keeping. Phone ups. 517 Sect street. ~ WANTED— Waitress at: Cafe. Do’ not phone, WANTED— hors Mu Hoffman's of hea be ound 6 rie nd well | te roke, Six to ven years old, Henry Tatley, Grand Pacific. Hotel. LOST—A braclet with blue sets. Finder please call at Tribune f- fice. 2 Reward. i , For $3.75. you can have oof matinee ate tee ‘Co,,’ BIS" somé job in the state in an effort to|: ° : ry . Court Decisions | From MeKensie County McKenzie County, a body corpor- ate and a political subdivision Plaintiff and Appellant. vs. O. L. Casady and the Northern Town and Land Company, + vefendants. and First National Bank of Williston, | Intervencr and Respondent: Syllabus: 1. Evidence examined antl . fo to. be inadequate. to’ support charge of fraud and.censpiracy as be- tween defendants Casaby, ant: « ern To’ and Land Conjpany, or as between Cusady and th yA a of a judgment the equitable interest of, t ia i ment debtor in land acquired by under a contract for deed, the recor utile to which is in the name of his vendor, is not superior to the equily, right and interest of one holding prior unrecorded assigninent of the contract, given in good faith and for inst of a bona-fide debt owing ” the judgment debtor. = . 3." The notice of lis pendens pro vided by. section 7425, compiled laws 1913, does not of itself create in the ge it any jen agai in the real estate th The notice of lis pendens pro- vidéd by section 7425, compiled laws 1913, constitutes. and Fives construi tive notice to the public of the pen- dency of the action and of its objec and purpose, that a. person not made a party to the action, holding an outstanding title or right thereto, may intervene, assert his claim, a have the superiority thereof adjud cated, and ‘failing to do so, he wi ve bound alt proceedings taken after the filing of such notice to the same extent as if he was a party to the action. 5. The issuance to the sheriff of the county in which the debtor re- ides sand return nulla bona of an execution upon a judgment is suf! cient foundation upon which to voke the aid of the court of equit; to ascertain and determine the na- ture and extent of the interegt of the judgment creditor in-and to real estate alleged to be owned by him, the title to which appears of record in another, 6. In this case the plaintiff had the right, in aid of its judgment, to have the court determine the. owner- ship of the real estate in question, and the extent and nature of the » right and interest owned by the judgment creditor. Appeal from the district court of McKenzie county, Hon. A. G. Burr, special judge. Reversed and remanded. Opinion of the court by Pugh, dis. trict judge. 5 William Lemke, special counsel, Fargo, attorney for plaintiff and ap: pellant. Fisk & Craven, Williston, attorneys for intervener and respondent. Justice Burr, being disqualified did not participate, Hon. Thos. H judge of the sixth judicial sitting in his stead. eee | Knife River MEAS ase Ee oe Mr. and Mrs. Roy Burgess and children of Dodge motored to. the ank Goben home Sunday for « visit. Mr. and Mrs. Arthur Bierig and. children motored to the St. M: eherch Sunday and after church: th drove to Mr. and Mrs, Adolph Bu: gess’s to visit the rest of the after- noon. Faye Woolery, young daughter of Mr. and Mrs. Woolery, visited over Sunday and Monday at ‘the Bier home, Mr. and Mrs. Oscar Vangsness are the parents of a son born Sunday. Doctor Rad! of Hebron was cailed out to the Gordon Schaffner home because of the illness of Mrs. Schaff- ner. Mr. and Mrs. Wilson and Mr. Bak- ken of Hebron motored out to the L. R. Woolery home where they had dinner and motored to the Knife river. Mr. and Mrs. Joc Maerschbeker at- tended church in Hebron Thursday. Mr, and Mrs. Paul Feigitsch mo- tored to Hebron Thursday to attend church, Mr. and Mrs, Arthur Bierig spent Thursday afternoon at the Frank Goben home. + Mr. and Mrs, Frank Goben motored to Marshall Thursday to do some shopping. Mr. and’ Mrs. H. F, Goben-and Mr; and Mrs..J, A, Jacobs motored to convention . Saturday, Mr. and mrs, warl Twist children from near Dickinson brother Lenny and little rence from Klona Station, tored out to the J, A. Jucobs home Sunday to spend the day, und L. Twist and:son stayed with. Jacobs until Tuesday when .they all mo- tored back to the Earl Twist home. Jacobs,. Twists and their brothet mo- tored to; Landa to take in the sights at the Badlands, | Many people from this vicinity at- tended the big dance at the Anton Vagen home Frida: Norman Mrs. Carl $j had the misfor- tune of dislocuting. his ankle by getting. it into the harrow cart while harrowing, but at this, writing he is recovering nicety; ; = aa and and n Lau- mo- en George Day wai a Bismarck caller Friday. The, dance ‘at. Britin Saturday night was well ,attended. The music was excellent and a good time was en- joyed. E. M. Whiteaker and son have gone on_a trip, to Missouri. isa Jean Crawford':is home for the summer: vacation. Hoover family were ‘he Boyd P, T. A. it Bord | sche! a, pacing. the Poettally, a Miss Madge Ri nd cepsfully. ae ie "Bismarck pao and i FM MeCeray ales ss zee tage: tra Dirlam and ‘Roberts aya. bia was followed A by an ad. dress by. Mrs. rt Boyd. TI feserens sas was followed ite . Munch at of Mra, Robert - Boyd. - AVERTING TRAGEDY lon day te eA ne oe been ‘so anx! La vat ee on Mr. B Bullion Bia te eget tom Dadghter: Ob, 90 sarigus as hat} “Batts THE BISMARCK TRIBUNE of the state..of* North’ Dakotn, | value, as security for the payment | i {day or two and he would have re- Werner to attend. the school board {% Shops By Air | . When tlie ladies take up avia «| bound to be a success, any politician jaddressing a woman's club will, as- \s u. Mrs, T. Higbee Embry is one who really flies. ohe keeps ner | plane at the Lunken airport in Cin- | cinnati, Ohio, and often hops into it for a spin to her former home at | Dayton, where she freqently does her shopping. Dad: I should say so. Another! | covered without Sydney Bulletin |Lillian Gish Will Wed Dramatic Critic New Eveni an Gish, motion picture star, and rge Jean Nathan, dramatic critic, be married within three weeks, ording to well authenticated re- ports reaching their friends here Both Hollywood. The star ritie net two years avo at a cn by Joseph Hergesheimer, Monica, Calif. June 22.— jeorge Jean Nathan, dramatic said here today ‘that New York reports. of intended mar- vinre to Lillian Gish of the film within three weeks were incorrect. Ruth Hammers Out Two More Home Runs Boston, June 22.—()-—Babe Ruth hammered out his 23rd home run of the season off Pitcher Wiltse today in the fifth inning of the first game of a double header between the Yan- kees and Red Sox. No one was on base. Coming up again in the seventh, Ruth smashed another home run off Wiltse, his 24th of the year and the second of the game, One was on hase. This put the Bambino up to standing at this, time during his | record year in. 1921.” He is now three days ahead of last year’s mark, his 24th then falling on June | His physician, Dr. Lawtence |man, declared the determined fight | \eity, PAGE given within * aceek, would onthe interpre! the law |Arglineits F jiitshed in Jamestown Case| ete oes a eh lhe *| ment method. Samestown, N.D, June 22.—(A—|- Argumenty in the case of Piéree Blewett, Arthur Kelley, William De-{ volve and I. W. Siltman against the}. vity of Jamestown, were. ciosed. this, morning when, the defense attorne) which the actor ia makine against | summed up their, case before Judge his iMness is the only hope of re- (. &, Wolfe of Wahpeton. Indica‘ions| bag riven by the judge at the ciose of Drew is suffeting from ariurits {he aégaments of the plaintiffs: and complications, rneys were to tho effect that the Jowes ‘Will Défexid jon, which it ix expected will be His British ‘Title Atlanta, Ga, Jun 22,—(a)— Tho Atlanta Journal said this afternoon * that Bobby Jonos has announesd he will defend hia British open go.f tit’ at St. Andrews. and will sail from New York on the Transyldanin urday for Scotland HERE AFTER AUTO Vann Meter te | Avila’ Near Death Today San. Francisco, _ June, 22. creasing weakness and a tis perature brought John Drew, vete: an actor, near to death here today. oft. osp! i Burman, Prop. ‘Biemarck, N. D. ‘Tuesday, Wedneslay, Thursday aind Saturday Heart River Pavilion Mandan Music by, The Comimodor 6-piece Orchestra Special Carniya),.Dange: Thursday, with prizes given Free dancing from nine to aine- every night - WEF Sheriff W. B. Davis of Raton, N. M,, und A, Schwacheim, of the, same arrived in Bismarck this morn ing to take charge of C. A. Pond, Jr., of Duluth, who was arrested here and |later confessed that he was drivin: 4 an automobile which ho had stolen in Raton, Pond waived extradition proceedings and the three will return to \New. Mexico in the stolen cas, Schwachheim having been sent here |by the Insurance company to drive the car back, Lawn mowers, sharpened.— | Ruder’s, Furniture estatec: Phone 790-W. Capitol | Theater i Tonight — Wednesday and Thursday Send for booklet of recipes for candy makin Strictly Union Made wae a ares ‘Buy from our Convention of Blue Goose at Alexandria Alexandria, ~P)— Aquatic sports, ac and rifle and trap shooting marked the. pro- ram ot the 20th annual summer out- Minnesota pond, Ancient ble Order of the Blue , which opened here te Rlue Goose good fello dinner of Manitoba, Dakota and Min ponds will be held this eve- Min * While the Minnesota delega are holding forth at Dickinson Inn, the Blue Goose organizations of North nd South Dakota are holding their eighteenth annual summer gathering at Hotel Blake, near her More than 50 delegates are in at- tendance at the Dakota meeting. A contingent .of Winnip« lue Goose | are also holding their annus! meet- | ing here today. | The first of more than. 1,500,000 patents issued by the United’ States Patent Office was granted in 1790 to Samuel Hopkins method of manufacturing potash pearlash. HIS PRIVILEGE lagisgryte: You have already acknowledged that you assaulted the roliceman in the manner stated, Accused es. Magistrate: Then what do you want to do now? Accused: — Deny it. tige Welt, Berlin. Nagels Lus Lawn mowers sharpened.— Ruder’s Furniture Exchange. Phone..790-W. DR. R. 8, ENGE Chiropractor Th neighborhood dealer Whiére does Budweiser Real Hop Malt Syrup get its rich, mellow flavor and piquant taste? wcribern. DAVID BELASCO'S race success An up-to-date version of the great American From imported Saazer and choice domes- character drama tic hops! From the finest barl grown with in America! From that can't be-copied Anheuser-Busch way of cleaning, grad- ing, blending and matting! It took the skill of America’s most famous maltsters and the cspeience of 70 70 years to get this just-right ble: will show you what a world of diff difference it makes the very first time you try a can. ANHEUSER-BUSCH You'll laugh with “The Auctioneer.” You'll cry with him. And you'll love him. The astounding succ2ss of. the, wizard of the stag2 made into a st ll more astounding film by a.genius of the screen. By all means sec “The peuguinnees at least a ST. LOUIS , faite Gamble-Robinson Fruit Co. Pa , Distributors BM~48 Cc OLD Seed otige salted waou Gh) Raisin RRAN