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i © CONSERVATION IS a t THE BISMARCK TRIBUN REPORT ONWATER [Opponents of Bismarck Staged Battle in Court ISSUED BY STATE Numerous Sites Where Flows May Be Impounded Discov- ered During Summer Field work of locating, surveying and aiding in the constructign of small dams as an aid to surface wa- ter conservation in North Dakota car- ried on this summer by the state en- gineer’s department has come to a close. A proclamation by Governor George F. Shafer setting aside the week of Sept. 24 to 30 as water conservation|to an official report distributed by | week is expected to give impetus to the dam project which will be con- tinued from the engineer's office here. On his reconnaisance survey of the State, Professor Waldo Smifh of the state agricultural college at Fargo lo- cated about 100 tentative dam sites of which 26 have been surveyed by two field parties. The work was car- ried on under a legislative appropria- tion of $5,000 for the purpose of con- ducting an investigation of surface water conservation in North Dakota. R. E. Kennedy, state engineer, launched upon a program to see what could be done along inexpensive lines to actively promote and carry on work | in this field and, a result, decided | to foster the construction of commu- nity dams for recreational and sport- | ing purposes and the encouragement | f of construction o ‘m dams. Many Located | ‘Under supervision of the depart-| ment, Professor Smith has been S| tively engaged in the work of locat- ing feasible sites, determining what) communities have streams in their vicinities that warrant being dammed | to create recreational pools for bath- ing, hunting, fishing and skating, or waterfowl breeding purposes, and to determine whether communities hav-| ing such streams also have citizens interested in damming the streams. Smith said field parties have been; called in because lack of funds makes it impossible to do more of the sur- veying at this time. Most of the dams would be community projects, he said, | but two or three are in proposed or existing state parks. For the sur- veyed preliminary designs of dams, reports and estimates of cost will be or have been made, and Smith hopes that by next June a fair pro- portion of those designed will be com- pleted. Requests for surveys are coming in} almost daily, he declared, and a rec-| ord of projects is now on file await- ing such time that the work can again be actively carried on. In addition to the support the state engineering department has given through surveys and designs to the community projects, it has also been encouraging the construction of farm dams. Easy to Build These farm dams, as a rule do not| require surveys or special engineer- ing service, as they are usually built across coulees or small streams with-| out other cost than labor, Smith ex- Piained. It is not the expectation that a permanent dam may be built across a good-sized stream without considerable experience or without | 760,000 PERSONS ~ IN DROUGHT AREA ter Praises Cooperation of North Dakotans Assistance was extended to 260,000 individuals in the Northwest drouth relief operations of 1931-32, according {the American Red Cross to its local | chapters. bi A total of $2,266,000 was expended by the American Red Cross in the states of Montana, North Dakota, South Dakota, Nebraska, Washington and Iowa. In addition to the national organization's expenditures, donated supplies valued at $589,000 were dis- tributed by the Red Cross to the dis- aster victims. Among the beneficiar- ies of Red Cross relief was 5,136 In- dian families, most of whom were farmers residing on or adjacent to government reservations in the North- west. In North Dakota, the Red Cross ex- tended aid to 52,934 individuals, at a cost to the national organization of $707,358.00. The relief work was con- ducted in 15 counties in the state, the report shows. The principal types of Assistance and the number of North Dakota families benefited by each follow: Food, 10,569 families; cothing, 4,270 families; garden seed, 10,882 families. Most of the garden seed was distrib- uted last spring near the close of the relief work, as a rehabilitation meas- ure. In the entire drouth area of North Dakota, 9,032 individual collec- tions of garden seed, and 45,325 bush- els of seed potatoes were furnished to drouth-stricken families by the relief agency. The report praised the citizenship of North Dakota for the spirit of help- fulness displayed by various state groups and individuals throughout the relief program. “As in all Red Cross disaster ac- tivities,” the report states, “chapter volunteers performed the actual task of relief. In all the drouth states, a total of 4,235 volunteers served under the Red Cross flag. each contributing at least 50 hours to the cause. During the peak of the disaster, thousands of them devoted nearly their full time to the work.” Railroads Give Help According to the report, one of the outstanding contributions to the re- lief work was the service given by the railroads. In addition to free trans- ious lines reduced the freight rates by 50 per cent on the national organiza- tion’s bulk purchases, such as seed po- tatoes and garden seed. It was esti- made by the railroads in reduced freight rates and free hauling privi- leges, reached approximately one mil- lion dollars. With the exception of donated sup- plies and a limited number of bulk purchases of flour and beans, which GET RED CROSS AID Report of Work Done Last Win- | portation of donated supplies the var- | mated that the total contribution; | |Action Made Task of Raising Necessary $100,000 Here Difficult | | ee Editor's Note: This is another in a series of articles written for The Associated Press by Burleigh F. Spalding of Fargo, a member of the commission which located and constructed the capital of Dakota Territory at Bismarck. | By B. F. SPALDING | Some little time after our organiza- tion, most of the members of the com- | mission were served with process di- jtecting them to proceed no further junder the law. I was the youngest man of the commission and less | Known than most ,of the others and the papers were not served on me, but those who were served disregarded the writ. The proceeding went to the su- Preme court of the territory. The commission employed, to assist the at- torneys who were members of the commission, Hon. William F. Vilas of Madison, afterward postmaster general in Cleveland's administration and one of the most distinguished at- torneys of Wisconsin. For the relator the attorneys were E. G. Smith, dis- trict attorney; Bartlett Tripp, G. C. Moody and Gamble brothers. Both Tripp and Moody were later Judges of the supreme court of the territory, and one of the Gambles was for many years U. S. senator from South Dakota, Includes 90 Pages The report of the case occupies nearly 90 pages of the third volume of the supreme court reports of the Dakota Territory. The main opinion was written by Judge Church and re- versed the lower court, which had held the law invalid, with Chief Justice Edgerton dissenting. The litigation and the agitation had such effect that the sale of lots Platted at Bismarck ceased, and the capital fund was preyented from re- ceiving any great amount from such sales. The excitement at Bismarck and all through this part of the country ran high for some weeks after the location was made and Bismarck ex- perienced a real estate boom seldom equaled anywhere. Additions were platted in all directions coming east nearly to the penitentiary and run- ning north at least a mile beyond the {capitol building. Twenty-five foot lots that would have sold, if at all, \for but small sums, brought prices lin the thousands. I recall one lot on Main street with a wooden shack on \it which could have been bought or | was sold for about $2,200.00, for which the owner refused $22,000 a few days after the location. He held it many | years before he could sell it for $5,000. | New banks were established. Among them Governor Ordway established the Capital National bank and his | son-in-law, came from New Hamp- {shire to manage it. R. B, Mellon and ihis brother, lately Secretary of the U. 8S, treasury, came from Pittsburgh and established Mellon’s bank. They flourished for a few years and then were merged with other banks or li- quidated. Had No Rich People Bismarck was but a small hamlet in those days. It contained no rich engineering survey and designs, he were distributed in the remote sec-| people. While apparently the North- said, but that more or less temporary | dams will be built at once in such a/ way that they will last a season or two and, with maintenance, may last many seasons. The department has prepared a bulletin on construction of this type of dam. | The Jamestown chapter of the Izaak | Walton league has put in four dams this summer across the Jamestown and Pipestem rivers, he said. The chapter has one dam under construc- tion and plans to put in three more; this fall. tions early in the winter as a pre- cautionary measure, all foodstuffs were purchased locally, the report points out. Food orders were issued semi-monthly or monthly by most chapters and the organization's usual disaster policy of requiring beneficiar- jes to select their own merchants was followed throughout the emergency. By this method the morale of the communities was strengthened be- cause local storekeepers were able to turn over their stocks and meet their obligations from the Red Cross bus At Strawberry lake on Labor day / the Velva chapter of the Izaak Wal-| ton league put in a dam across the | outlet of the lake to prevent fish from | ness they received. “To meet the needs of drouth vic- tims until they were able to provide for themselves,” says the official re- ern Pacific railroad furnished the |land which went with the bid, the {people had to raise the $100,000 and ‘it was no small undertaking. It re- j quired greater effort to raise the last | $10,000 than it had to secure the first | $90,000. Much delay occurred and it was some time before Bismarck paid {the money to the commission, I have heard it stated many times that Bismarck got out of it without {paying as it had agreed. This is not |true. The commission held a meet- ling to consider the delay and to take ‘action, and it was decided that un- Jess Bismarck did pay immediately, jour action in making the location ; would be rescinded. I was delegated escaping into lower shallow waters! port, in conclusion, “the national or-/{o call on J. W. Raymond, president. where they froze in the winter. ganization furnished beneficiaries with of the First National bank of Bis- At Arnegard, in McKenzie county,|go-day supply at the final issue of|marck and ehairman of the finance the community put last fall which provid facilities, while at V and at | Great Bend, almost at opposite cor-| springing from Red Cross garden seed, had matured. By that time credit fa- a ttle ery |food orders. ‘These supplies were not | committee of the city, to demand the 5 ational) exhausted until the early vegetables, | | money promised. I visited him in his | private offices and told him that I had come there to stay until we got ners of the state, the professor said.) cilities had been reopened and the! ihe money; that we could not give school boys put in small dams At Mandan this summer, the Lions club sponsored the construction of a sandbag dam across the Heart river, later covering it with rocks. It holds back six or seven feet of water. | Many Already Located \ Although this work was started on| f general scale only this summer, Kennedy's department has cooperated with the state game and fish depart- ment and various local organizations; on a number of projects during the| last few years, including dams at New| England, Crosby, Silver Lake, Arrow- | wood Lake and Lisbon. | “The most casual observer has had | no difficulty in noting the decline of | water levels and the retreating shore | lines in all parts of the state,” Prof. | Smith asserted. “It is a matter of vital concern to this, a primarily ag- ricultural state, to do its utmost with its limited water resoruces. “We speak of water conservation, but possibly we should speak of water regulation as we have in mind not only damming the water, but so con- structing the dams, at least on the larger streams, that in case of pro- longed wet periods, the excess water may be readily drained away. The regulation and controlling of forces and elements of nature, thus reducing uncertainty, is the primary task of the engineers.” ‘ Referring to water conservation work, Smith said, “We have been made highway conscious, electric light conscious, radio conscious, even bathtub conscious until the luxuries of yesterday are the necessities of to- day, but what good are all of them without water? We must stop this snow and ayes sd running away every spring. We must conserve it, cf Mat an it, save it. We need it badly. There is wealth and life in it.” Gell your live poultry and cream now to Armour Cream- Bismarck. 700 LATE TO CLASSIFY “HARRINGTON SUPERCULINE -# tom's. Phone 190, live steam permanent, no electricity, natural waves, real comfort, done in ‘two hours, $6.00. Electric meth- ods in combination, ‘wringlet ends, $3.50 to $6.50. Steam exclusively at Harring- jstricken sections were looking ahead|them further consideration. to better days.” In a combined drouth fund appeal and Red Cross membership campaign enrolled the largest Red Cross mem- bership since war days, with the re- sult that Montana now stands first and North Dakota second among all the states in Red Cross membership, on a population basis. This year the Red Cross roil call will begin in North Dakota on Oct. 10. British Methodists Are Unified Tuesday London, Sept. 20.—(#)—The United | Methodist church, one of the largest Protestant organizations in the world, was created Tuesday noon at Albert Hall by a ceremony which attracted 10,000 representatives from many na- tions to witness the union of the three branches of the chureli in Great Britain. The three uniting branches in Great Britain, after having been split for many years, completed the act of union by signatures to a document to effect the merger of the Primitive Methodists, United Methodists and Wesleyans in the United Methodist church. The new church embraces 5,000 ministers 200,000 Sunday school teachers, 1,250,000 Sunday scholars and @ million church members. Its total property in Great Britain in churches, schools, colleges and mis- sions is estimated at from £60,000,000 to £80,000,000. (About $210,000,000 to $280,000,000). The new union will be linked to 15,- 000,000 Methodists all over the world. Community Chest to Bismarck’s 1932 Community Chest ampaign will be launched about Nov. 15, it was announced Tuesday by H. P. Goddard, secretary. Goddard said the board of directors of the organization have recommend- ed Nov. 15 as the date, which is later than usual for the drive. The directors recommended the late drive, Goddard said, because of the slow moving of crops in this vicinity and the consequent delay in the usual ae business, I don't ‘recall how long I sat in the back jrooms of the bank, but it was some j hours, while he was arranging for the {last fall, Montana and North Dakota) palance. During the day he brought in the $100,000 and paid it to me and I turned it over to the treasurer of the commission. Grand Forks to Ask” Assistance for Needy | Grand Forks, N. D., Sept. 20.—(}- The plat of Grand Forks county's | flour and cloth needs from the gov- ernment supply was practically com- pleted at a meeting of the special Red Cross relief committee Monday night and a requisition for the coun- ty's supplies for a 90-day period will be made not later than Wednesday. | Based on a survey by city and coun- ty welfare groups, the plat was begun @ week ago and has engaged members of the committee at nightly sessions since the first reports of the county- wide canvass were received Sept, 12. The requisition will be sent to the midwestern branch of the National Red Cross at St. Louis and if approved there, will go to Washington where supplies will be drawn from the gov- ernment store of flour and cloth. Needs of city and county residents were much greater than had been an- ticipated and large quantities of both flour and cloth will be required to supply all needy persons who have made applications, committee mem- bers said. ; Western Railroads Seek Higher Rates | Washington, Sept. 20.—()—West- ‘ern trunk line railroads Tuesda; °. \asked the Interstate Commerce Com- Make Drive Nov. 15! musion to reopen the Western trunk line class rate investigation and allow them to restore long haul freight rates to the basis used before Decem- ber 3, 1931. The commission in its general rate | investigation under the Hoch-@mith | congressional resolution, ordered reduction in long haul rates and in| some instances increased rates over | shorter routes. The railroads now ask that the reductions in long haul rates bé thrown out and that they be | | through increases. permitted to seek additional revenue | FIND WILTON MAN WAS FATALLY HURT IN FALL LAST WERK | Testimony Indicates Mike Don- ; aluk Suffered Injury At | Neighbor's Home | apparently died last Wednesday from | injuries received when he fell down three steps at the home of a neigh- bor two days before, it was decided by a Burleigh county coroner's jury noon, ‘ || Apparently not entirely satisfied, however, that Donaluk received his fatal injuries in the fall, the jury in- corporated the phrase “from the evi- aoe Presented” in its written ver- ict. Donaluk died of a fractured skull. Eight witnesses testified at the ine ij quest, and for some an interpreter was needed, since they understood and spoke only in the Austrian lan- guage. Those who testified were Dr. L. W. Larson, Bismarck, and Dr. R. C. ‘Thompeson, Wilton, who conducted an autopsy following Donaluk’s death; Jack Haluzek, in whose home Dona- luk was injured; Nellie, Jack and Rose Haluzek, children of Jack Halu- zek; Nick Seluk, Butte resident who visited at the Haluzek home the day of the mishap; and John Kryweski, with whom Donaluk had lived. | Several Others Present | Several other friends of the dead ‘man and the witnesses came here for |the inquest, which was conducted in the county courthouse. Testimony indicated that Mike had been intoxicated during most of the day on which he was injured and was “very intoxicated” shortly before his accident. His brother, Sam Donaluk, was quoted as saying that Mike drank too much. About 5 p. m. Donaluk approached the Haluzek home, stopping at an au- tomobile outside to talk to Nellie and Rose Haluzek and Seluk, who were sitting in the machine. He told them he was going to invite Jack Haluzek over to his house for a drink of beer. Jack Haluzek said Donaluk came up the three steps leading from the out- side vestibule to the kitchen door, stopping on the last step while he in- vited him over for the drink. Halu- zek said he replied that he did not want anything to drink and advised Donaluk that he was drunk and had better go home. Haluzek said Donaluk then fell backwards, declaring he did not see him fall but heard the impact when Mike's head struck an open door to the vestibule at the foot of the short stairway. Billy, young son of Haluzek, then ran to the car and asked the others to come to the house. All said that Donaluk was bleeding from the left ear, nose and mouth and that he was lying on his left side with both feet on the bottom step. Taken to Back Yard Kryweski then was called to the Haluzek home and the men carried Donaluk to a shady spot in the back yard, where he remained for several minutes before the group: decided to take him to his home. When getting a doctor was sug- gested, Kryweski said he advised against it because Donaluk had fallen in similar fashion ‘several times be-| fore” and always recuperated after a night's rest. The next morning, however, when { | ; Mike Donaluk, Wilton coal miner, | following an inquest Monday after- | tally equal to returns obtained for) oe This picture of Mrs. Sarah Garner, mother of John N. Garner, speaker of the house of representatives and Democratic vice presidential nom- inee, is one of the last ever taken of her. It was snapped as she rested contentedly in her little home near Detroit, Red River county, Texas. It was by this firesice she taught John Nance Garner to read and from here he set out 40 years ago, a young farmer with a smattering of law, to enter politics. ALLOTMENT PLAN OF RELIEF IS ATTACKED Minneapolis Miller Says System Points to ‘An Enormous Bureaucracy’ French Lick, Ind., Sept. 20.—(#)— Measures which he said would help maintain a balance between agricul- ture and industry were named Tues- day by Sydngy Anderson, Minneap- olis miller, in opposing the voluntary domestic allotment plan, newest form of farm relief. Anderson was a speaker at the con- vention of the Grain and Feed; Dealers’ national association. “If agriculture is producing more than can be sold and consumed at a fair return to agriculture, substan- | similar employment of capital andj labor in industry, one or more of the following measures seems indicated,” Anderson said. i “First, reducing production to an, amount which can be purchased and consumed at a profitable price. Ht “Second, expanding foreign mar- i ets. Donaluk remained unconscious, Dr. Thompson was called. Donaluk re- mained unconscious until Wednesday forenoon, when he died, without say- ing anything, the witnesses gaid. Testimony indicated that Haluzek had borrowed $50 from Donaluk but had paid $25 of this sum back to him. Donaluk, about 60 years old, had not worked for about two years, Kry- weski said. but had a small sum of money in the bank. State’s Attorney Register conducted the questioning, assisted by Sheriff J. L. Kelley, Coroner W. E. Perry and members of the jury. | Frank Paris, L. Van Hook and J. W. | Riley, all of Bismarck, were the jurors. They viewed Donaluk’s body Saturday forenoon shortly before funeral serv- | ices, ! Seil your live poultry and “Third, increasing industrial pur- chasing power through increased wages and incomes, “Fourth, continuance of the trend from the farm into industrial em-/ ployment, thus decreasing the num- ber of producers and increasing the | number of consumers of agricultural | products.” I ‘These measures have been employ- ed in the past and have served in! general to maintain a balance be- tween agriculture and industry, An- | derson declared. “They involve gen- eral adjustments in both organiza- tion and industry,” he explained. “Interference with these natural} forces through government control of | prices by atiempts to equalize condi-| tions by ‘robbing Peter to pay Paul’ serves only to hold out false hope and to retard the normal forces which regularly move towards recov- cream now to Armour Cream-| eries, Bismarck. H He doesn’t look a day over fifty. And feels like forty. i At the age of 62. | That's the happy state of health | and pep aman enloys when he gives | his vital organs a little stimulant! When your’ Riley is stagnant and you feel sluggish, headachy, half-alive—don’t waste money on “tonics” or “regulators” or similar pateat medicines. Stimulate the iver and bowels. Use a famous physician’s prescription ev store keeps. Just ask them fo Caldwell’s svrup pepsin. This appetizing syrup is made from Trea laxative herbs, active senna, and pure pepsin. One dose will clear up almost any of e, » ona pe ion. if you want to keep fine dru; De ery and recuperation.” i An enormous bureaucracy and an/ | increased army of federal Payrollers | shape, feel fit the year ‘round, take a spoonful of Dr. ‘Calawell’s syrup pepsin every few days. You'll eat I » Sleep better and feel better in every way. You will never need to take another laxative. Give the children a little of this delicious syrup two or three times a week. A gentle, natural stimulant that makes them eat and keeps the | bowels from clogging. And saves teen from so many nok: spells and _ Have a sound stomach, active lives, ati strong bowel Lrauecies that expel every bit of wast patton everyday Just keep a bottle of jwell’s syrup pepsin on hand; take a stimulat ing spoontal wer now and then. if you | don’t feel new vigor in every way. Syrup pepsin isn’t expensive. One of Last Pictures of Speaker’s Mother ——<—<———$— was predicted by Anderson if the domestic allotment plan becomes law. Prosecutors Balked In Trial of Scandal Sioux Falls,.S. D., Sept. 20.—(®)— Efforts of the state to estblish al- leged shortages of materials used in construction of bridges in Minnehaha county floundered in the legal rules of evidence Monday in the trial of C. T. Charnock and J. Q. Hossack, charged with obtaining money under false pretenses. Basing their complaints on grounds that the state failed to qualify James W. Griffith, former county engineer, to make the answers, the defense ob- jected to every vital question asked by G. Norton Jamson, state's attor- ney, and Judge L. L. Fleeger sustain- ed virtually every one. Charnock, former county highway superintendent, and Hossack, at Omaha bridge company aegnt, went. on trial a week ago Tuesday. They were indicted for alleged fraud in connection with payment for bridges and culvert construction. Hoover Asks Germany To Remain in Parley | Washington, Sept. 20.—(#)—Presi- | dent Hoover Tuesday issued a state- ment saying that the United States was divorced from what he termed | “The German arms question, but said “I was so tired and cross with the children, I didn’t want anyone to come around me. Every month I suffered terribly 20 that I couldn't do my work, After taking two bottles of your medicine I feel as I had been born again. I am strong and jolly and like to have company.” MRS. B. R. NYE 1319 S. Kentucky, Sedalia, Mo. Try this medicine yourself. Find out why half a million women say, “It helps me," Liquid or tablet form. At all drug stores, HAND with SCISSORS in country was anxious that Ger- ang ‘hall continue to participate in the arms conference.” " ei president referred to Press dis ipkcerae from abroad, and it was assumed by his aides he referred to reports that Senator Reed of Penn- sylvania and Ambassador Edge hed informed French authorities the American people believed Germany's recent move for armament equality was inopportune. SS na CADILLAC CAR OR ONE OF 44 OTHER PRIZES IN THIS $8,700 CONTEST Five fine General Motors automobiles, ten Frigid- aires, ten prizes of $25, and twenty prizes of $10, are being given away, free. Simply visit our showroom where we are demonstrat- ing the revolutionary development that gives one-fourth greater food space in a * Genuine SUPER-POWERED at the remarkable price DELIVERED, INSTALLED AND FEDERAL TAX PAID Ask for an entry blank and write @ sixteen word statement about what “'Greater Food Space” means to the purchasér of an electric refrigerator. That's all there is to it. Contest ends October 15. Come in to- day and get your entry blank. Dahners-Tavis Music Co. Bismarck - Mandan | Frigidaire Dealers Everywhere Per x budget. You'll find the practice inter- esting, helpful and profitable. You'll find in The Bismarck Tribune many items that are helpful to you in carrying out your daily affairs . . . menus, household hints, fashion notes, health suggestions. And, probably most valuable of all, you'll find that clip- ping items from the advertisements not only saves you shopping time but actually accomplishes important savings in your Make your shopping list from the ads . . . then go out and buy. Show the salesmen in the stores the items that interested you in their advertisements ... they are anxious to show you the things you want. And they ap- preclate that they are wise shoppers and { good customers who organize their buying through the advertisements, The Bismarck Tribune The Home Newspaper for Bismarck and the Missouri Slope ay rr