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SNOW Supreme Court Finds that Form er Superintendent Over charged. LEIGHTON REVERSED NEW TRIAL ORDERED Taxpayers Can Recover All Ex cess mileage that Can Be Established. E. G. Warren, former superintend ent of Ward county schools, must re turn all excess mileage charged by him during his terms of office. The supreme court yesterday reversed Judge -Leighton and, in ordering a new trial, declared that 'many of Warren's charges were excessive and that the county is entitled to recover. The sum at stake is between $10,000 and $11,000. Justice 'Burke writes the opinion. Justice Goss did not participate in the case. Fought Bitterly. This case has been fought bitterly in Ward county and eniered into the politics of the states attorney office. The suit was brought by R. A. Nestos, present states attorney. When the case was originally tried, Judge iLeighton took the matter of mileage out of the hands of the jury and directed a verdict for Warren, lie allowed the jury, however, to de cide just what interest Mr. Warren should be compelled to pay for county money which he delayed turning into the county coffers. The amount of this verdict, came to about $500. 5 703 For 3CC Trips. It was shown by bills that Warren collected mileage amounting to 5,70'" miles for visiting School District l'Ctf Bills were also rendered for 200 I rips •made from Minot to iDrake, Plaza am other towns, when as a matter of i'ac. ihese places jw^re visU-ed,overland by: autoninMle. The supreme court held that Jtidge Lelghton erred in several of his rul tags and remands tfte ease back for a new triaLi T.ae following syllabus sets forthqeieariyi.it he points at issue: ^WtTsflfstVe Mileage. S a a a ^Superintendent, ol' School? to recover overcharge of mil£a|ge:. It is conceded that, plaintiff must, shoy thai defend ant collected for mileage that was not actually and necessarily traveled in the performance of his duties. (1) (a) It was "shown by the 'bills filed against. Ward county that plain tiff collected mileage amounting to '&,7>03 miles for visiting School Dis trict No. 1'flsJ. Plaintiff then sought to show by the clerk of the district court that the ordinary and usual road to IMinot traveled by the residents o' that vicinity was only about seventeen miles. This testimony was supple mented by offers to prove that during the time for which said mileage was charged that defendant and his depu ties were constantly traveling around the country visiting schools in an au tomobile and that the bills filed show ed charges from Minot to Drake and Plaza by railroad and thence by team to the district, which lay about half •way 'between iMinot and Plaza. The rejection of this evidence was revers ible error. If road conditions, weath er or other circumstances necessitat ed the extra mileage, the explanation rested with the defendant. Some 300 Trips. (b) Plaintiff offered to show the distance from the various schools to Minot by the longest route necessari ly, usually and ordinarily traveled be tween such points during the period for which the charges were made. Also, that more than 300 visits for which charges had Ibeen made from 'Minot to Drake, Plaza,, etc., had in truth and fact been made overland from Mlinot. Also that the longest route necessarily, usually and ordi narily traveled between schools to the city of iMinot was less than the mile age charged by the defendant by from twenty to two hundred and ten mile* per district. Also, to prove by the deputy superintendents of schools that defendant in computing mileage, employed constructive mileage rather than the actual mileage charged. Also, that during the period covered toy the action, and without loss to the effi ciency of the school administration of the county, that defendant or his dep uties could have visited seven or more schools on each trip before returning to the city of Minot and by traveling the distance from the schools visited to the nearest railway station or town and from there to other schools. Plaintiff should have been allowed to prove the first four of those if it could do so by competent evidence- Was Mileage Necessary? (c) It was material for plaintiff to show that Ken-nare, Ryder and Bert old were special school districts, em ploying superintendents of their own iSucii evi lence wai admissible, even though defendant had certain duties, which necessitated visits to those schools. The fact of their independ ent. organization should be taken in to consideration by the jury in de termining whether or not defendant (Continued on Page Two) a ThreshOut Matter of Ancona United States Demands Complete Details of the Torpedoing of Ill-Fated Liner. Washington, 'Nov. Ml.—Ambassador Penfield at Vienna was instructed by cable today to ask the Austro-iHnn garian foreign office for r: statement in detail of the circumstancea of the torpedoing of the Italian liner, Anco na, in the Mediterranean last w^efc, resulting in the loss of American lives. This action was taken upon., the pre sentation 'by the Austrian einhas&v here to Secretary Lansing of a com munication from the Vienna admiral ty, stating that an Austrian subma rine sank the Ancona. Wants All Information. Ambassador Penfield was seat an, informal istruction toothresh out the case thoroughly with the Austrian gov ernment to obtain details supplemen tary to those transmitted 'by the em bassy. Ask Four Quci&ioaS. The matters on which the American government seeks information is as follows: "Did the submarine fire a warning shot? How much time was given pas sengers and crew to get into a life boat? WJhat were the activities of the submarine while the ship was unload ing its passengers? Was a torpedo fired while any of the passengers were aboard?" A reply to the inquiry to Ambassadorr Penfield probably will not be received for several days, as cable communication with Vienna has always been slow. MILLER HOWS NOVAK TWICE IN St. Paul Wrestler Shows Better Form Than Upon Firs' Match. OPPONENT PUTS UP EXCELLENT DEFENSE Walter.Miller piit- Joe Novak on his back twice in 42 minutes at. the Ar mory last night, in a match that was the finest seen in Bismarck this sea son. The bout was arranged for two weeks ago when Mjlller appeared here for the first time in a bout that was to last ninety minutes. In this bout Novak held Miller, and a final bout was arranged for, that time. More than 800 fans were present and everyone said the bout was a "beaner" from start to finish. Miller has been in training constantly since leaving here for Billings, Mont., two weeks ago, as has Novak. Both went in to the ring fresh and in the best of shape. Miller, however, has it over Novak as to science?- and won both falls with a new hold, which he ras not named yet, but calls it tempor arily the arm with the legs. It was a great surprise to Novak, who crept out of every hold Milled (Continued on Page Eight.) HEADS COMMITTEE THAT WILL TAKE UP BIGGER ARMY PLAN Senator George E. Chamberlain. Senator George E. Chamberlain of Oregon is the chairmajvof the senate committee on military Affairs, and it is to his committee that the bill call ing for an increase in the military establishment will be referred. Sen ator Chamberlain has been in Wash ington for several weeks past and 'has had a number of conferences 'with the president and secretary of war on the subject of military iri (creases THIRTY-FIFTH YEAR, NO. 274 (NEWS OF THE WORLD) BISMARCK, NORTH DAKOT WEDNESDAY MORNING, NOV. 17, 1915. As Empty as When Lincoln Took Charge After President Buchanan. EFFORTS OF M'ADOO TO BOOST BALANCES No Free Available Credits Will Exist When Congress Meets. Washington, Nov. 16.—Former Sen ator Jonathan Bourne, Jr., of Oregon, issued a statement last night, declar ing the Federal treasury is bankrupt and that when congress meets it will be, found for the first time as empty as when it was when turned over to Abraham Lincoln iy James Buchanan. Mr. Bourne puts out his prophecy on stationery of the Republican Publi city association, of which he is chair man. "When congress assembles there probably will be no free and available balance in the Federal treasury—us ing those words in the sense which used to be given to them in the days before Mr. McAdoo became secretary of the treasury," says Mr. Bourne. Mr. Bourne employed Harry S. Chase, an expert accountant to go through the statement and he report de: "On August 4, 1913, i.»e 'free avail able balance' in the treasury office and in banks was $105,793,571. In the balance thus stated neither 'subsidi ary silver coin,' nor. 'silver bullion,' nor 'minor,' was included, whereas, in the statement of October 23, 191f, these items are listed in a total sum of more than $30,000,000, which sum, Mr. "Chase says, should be deducted from the balance which Mr. McAdoo says he had. "In August, 1-913, the balances of disbursing officers and the 'nations! bank notes' redemption fund were in cluded a?JJfeW!tties, and they were so included up to October 1, 1915, when Mr. McAdoo decided to exclude tnem from £his classification, and thus boosted his apparent balance by some eight millions of dollars. "Mr. Chase's conclusion is couched In solemn words. '1 hereby certify,' he writes, losing his title of certified public acctfiintant, 'that, if the daily statement of the United States treas ury of October .23, 1915, had been made up on the same basis as that of August 4, 1913, the available bal ance in the treasury would now be ex hibited as $3,517,027.21.' HOMAH CAFE In answer to a demand for first-class all night cafe service, the iHoman's cafe, starting last evening, inaugurat ed an all night service. It will remain open daily until 2:(M a. m. Special service will be offered this evening, after the show, ''Seven Keys to 'Bald pat." !Mr. Homan has recently re modeled his cafe and maintains high class service at all times. I BRITAIN RECOGNIZED HI Washington, Nov. 16.—Great Bri tain has authorized Charles H^pler of the British legation in Miexico City to advance recognition to the de facto government upon his return to his post from the United States. Mr. Hopler is now in Washington and be fore his return will confer with Car ranza representatives here regarding the assurance of the safety of Great Britain's interests. EMM HOE DEFENDANT Mandan,.Nov. 16.—Severa 1 weeks ago, State's Attorney Langer of this county served notice upon Nick Clas sen, former county commissioner, that unless $1,912.65 be returned 10 the county treasury, suit would 'be started to secure the money. Yester day suit was commenced against Mr. Classen. Alleges Padded Accounts. Langer alleges that Classen, while county commissioner 1909-1912, charg ed the county for days he was not en gaged on county business and for mileage never traveled. •Classen was paid $3,868.23, but is alleged in the complaint to have been entitled to but $1,955.6^ __ THE WEATHER. For North 'Dakota: Snow and colder Wednesday Thurs day fair, with fresh to strong winds. -k .St' FATHER OFJjAVAL PLATTSB0RG PLAN William, Matter Lewis. William Mather Lewis, secretary of the Illinois division ol' the Navy league, is the man who organised the idea of transferring Plattsbuig activities from land to watei'. Scranton, Pa., Nov. It!.—Miss Sudan FJ. Dickinson, noted literary wrfman and newspaper writer, died today of pneumonia. £Jhe was S2 years old and was• formerly.associate editor of I he Scranton Truth, and of late years a special writer for Scranton and Wilkes-Barre papers. Miss Dickinson was a regulaV con tributor to the leading periodicals of half a century ago and ,was with the New York Herald and New York Tri bune serving for a lime during the Civil war as a war correspondent for the latter paper. A Valley City, N. D., Nov. 16.—Gover nor 'Hanna was given an excellent re ception here today upon two occa sions his address at the Normal school and at the dedication of the Noltimier Consolidated school, one of the ifinest in the state. The railroad commission had an in teresting session yesterday afternoon when W. A. Pixley, general auditor for various western branches of the Bell Telephone System, addressed the board on beekkeeping for tele phone companies. In addition to Mr. Pixley, Frank Bracelin of Fargo, man ager of the Northwestern Telephone Exchange company, General Manager Richardson and District Manager Shuman of the North Dakota Inde pendent Telephone company, were [.resent and participated in the gener al discussion of telephone matters. Discusses Accounting. M.r. Pixley went into the itfatter of bookkeeping and reporting by tele phone companies at considerable length, explaining the system pre scribed by the Interstate Commerce Commission for all companies doing a business of over $10,000 net receipts per year, these being divided inl three classes according to the busi ness done, and emphasized the im portance of the system as keeping the companies advised at all times of the exacc status of their business and enabling the national and state com missions accurately to keep tab on and regulate them. He advised that a simplified form be prepared by the state commission for the small cor porations and farmers lines, as by so doing the commission would be doing these companies a real favor by thus putting then* in the way of earning better returns through better systems of bookkeeping administration and service. Answers Questions. For four hours Mr. Pixley answered a running fire of questions and all 'LOSH rfhe plan has been approve& hy Secretary of the Navy Daniels. .jfhiS/n,AVV naval training camp will be cstablisfcetl )ii the shores of Lake Michigan at t'ho Great Lakes Naval Training Station, and will bo in operation the year round. During the summer and va cation season business and profes sional men will bc trained. In the spring: and fall high) school and col lege students wii! bV' taken and in the winter when lake navigation is ciosed the lake seamen will receive their t? iir.ir_ Miss Susan Dickimtfl, Who Is Well Known in Literary Cir .. cles, .Died 11 IMPRISONS Three Have Been Rescued From Ravendale Colliery Four Dead Taken Out. VENTILATION PLANT WAS NOT WORKING Help Has Been Despatched From Nearby Mines to Assist in Saving Miners. Seattle, Wash., Nov. 16.—Thirty four men were imprisoned today in the Northwestern Improvement coal mine at Ravensdale, 35 miles south east of Seattle, as a result of an ex plosion of coal dust in the main slope. Late tonight four bodies had been re covered three injured were rescued, and 27 men still were missing. The dead included P. J. Kane, mine fore man. Help Sent to Stricken Miners. Rescue parties are working to reach the men still entombed in the third level. Additional rescue teams were dispatched from Roslyn and Cle Blum. 100 miles east. They reached Ravens dale tonight. Terrific Explosion. The explosion which occurred about an hour after 15 men had left the low er level because part of the power plant was not wgtfking, blew the top of the main hoiSts out, sending free timber and dejtfis high in the ai®C.Tlte explosion wrecked the telephone line throughout the mines, making5!*,Im possible to communicate with "the In terior working. The ventilating sys tem remained In working order anil the first level'was cleared of gas, hut because of the debris the lower levels Could not be -purified. The first level *("mI (lie bridge below the second levil wa-j destroyed. London, Nov. 16.—Premier Asquith is still hoping that, volunteer recruit ing in the United Kingdom will be successful. The premier staterl this afternoon in the house of commons that it was his hope and belief that compulsory measures would not have to be resorted to. The premier said that he was con fident that the appeal to the sense of patriotic duty now ibeing energetic ally impressed by 'Lord Derby's com mittee 'would elicit adequate response from all classes, particularly the un married men of the country. (Mir. Asquith, in order to quiet the fears of the non-conscription support ers, stated that no demands regarding conscription would be made without the sanction of parliament. Telephone Experts Discuss Accounting Systems Before State Railroad Commission present gleaned a good insight into how the large companies handled this intricate businss, and also how the smaller companies had been brought up to equal efficiency through practi cal business methods, which, contrary to the general impression, did not cost much to install, but which paid large ly, as stated, in efficiency and savings. Inasmuch as the new telephone law directs the state railroad commission to follow the lines of the Interstate Commerce Commission in promulgat ing forms for reporting and bookeep ing, the board will shortly send out forms for reporting and will require every telephone organization, big and little, which serves more than one person, to make report to the commis sion on the first day of January next Forms calling for a statement of rates charged will also be sent out, so that an analysis of this .submit may be made and adjustments made where such are found necessary. Deny Petition. Last evening the commission held another meeting and did the follow ing business: Petition for new depot at Chama denied because the freight receipts were below the $12,000 limit. Request of the Northern Pacific to close Voss station until next August, granted because the receipts had fall en below $12,000 per year. Request lo close the Northern Pacific station at Johnstown denied because the re ceipts did not warrant closing. Re nnest to close Northern Pacific sta lion at woods until next August grant ed because receipts had fallen off. In addition to this a large amount, of routine business was taken care of by the board. Office of Comptroller Useless Advisory Counsel of the Reserve Board Advises Abolishing the Berth. Washington, Nov. 16.—Abolition of the office of comptroller of the curren cy which has direct, supervision over the operation of all national banks, was proposed today to the federal re serve board by the advisory counsel, created by the Federal reserve act to advjse the board of matters of import ance to the reserve banking system. The recommendation was adopted at a meeting attended by nine of the twelve^ members of the counsel and the vole is understood to have been unanimous later itv' was discussed deeply by the board Itself, though no action was taken. Duplication of Work. Urged. The counsel recently was asked to submit suggestions asrto legislation to be urged upon congress at the coming session. It is said the members agreed that the office of comptroller has been made unnecessary by 1he establish ment of th? reserve •System and that there was' fmind to be duplication of work. Alternative proposals were made that if the office be not abolished the examination of member banks includ ing national banks should be made in the future exclusive by examiner of the board. This Charge Was Made in the House of Lords by'Protni- newt-Britons, •V- SAY STAFFS ARE MUCH TOO LARGE London, iNov. I'B.-^Charges of in competency and neglect of their work were brought against, the British staff in France by iBaron'St. .Davids in the house of.lords thin^ev.ening, when he asked the government whether its at tention had been called to the report alleging thai during the recent tight ing there had been many complaint as to the failure of the staff work. Too 'Many Staff Officers. Lord St. Davids asserted that men had been added to the staff for no military reason, who ought to ibe in the trenches, and he had been told that the British staff had .been five or six times as large as that of O.en Joffre, the 'French commander-in-chief It has been stated, he continued, that women visited headquarters in France and asked whether the government needed their ipresence there. Playing Bridge. The people were sending their sons out to fight under the direction of imen who, he declared, were living at head' quarters in vast numbers and could not get early to their commands be (Continued on Page (Four) IS NEW BRITISH CHIEF OF STAFF Sir Archibald Murray. Lieut. Gen. Sir Archibald James Murray, K. C. B., has recently been promoted from his post as chief of the general staff of the expedition ary Fcrce in France, under Sir John Frencii, to that of chief of the im perial general staff. He began his fightii career in Zululand in 1888. Last Edition (BY ASSOCIATED PRESS) FIVE CENTS IN SERBIA Bulbars Are Imperiling French Lines in the Desolated Kingdom. ALL IS QUIET ON THE WEST FROHT Continuous Fighting Has Weak ened the Courage of the Combatants.1 WARLIKE DEMONSTRATION. Saloniki, Nov. 16.—Anti-dynas tic demonstrations are reported on good authority to have occur-: red at Patras, one of the strong holds of former Premisr Veniie los, and also at the home of for mer Premier Gounaris, who now represents it in the capacity of deputy. While the intentions of King Constantine and the government with .respect to the Balkan situ ation have not been defined, ru mors had been current that the Entente troops may be requested to quit Greek soil. A significant feature of the situ ation is the material increase of a number of Allies' warships in the harbor of Saloniki and more art expected to.arrive daily. London, Nov. if».—With the increas ing gravity from, the Allies' viewpoint of the military situation in ('Serfcte. the attitude of Greece to'waraji'ttte armies of the Entente powers baft be come the matter-of the deepest con cern and an effort is being made by the Entente powers to make th^ Greet government define-its attitude.. Paris and London Anxious. It is saig, that the .presence, at |TW of a Targ®"riumfcer*6t British war ships with transports naa made some Impression on, King Con st amine and his advisors. Btit wltn so much at stake nothing short of a positive guarantee of aid.,,, for the French, British and Serbian troop's, should they be compelled.by. circuik stances to retire Into Greece, will sat isfy London and Paris. Bulgarians Use Strategy^ The ministers of this 'c&Jtital are being strongly supported by the Rus sian and Italian representatives, The time is short and the Bulgarians have been strongly reinforced 'both in southern and central Serbia. Be sides attempting a fianking movement against the Serbians at Babuna pass, they are threatening rrltopi and Mcfn astir, and are opposing formidable forces to the French at Gradsko and along the left ban* of the Oerna. Serbians Hold P«N. Thus far the Serbians are holding the Babuna pass and the .French the original position, but the pressure is necessarily being felt by troops who have been fighting for days without cessation. In the north the Austro German forces which have gained the Burgsi are moving slowly and stead ily onward. Little Activity on West. On the other front tftofe is little to report. Both the Belgian and Petro grad statements report quite general ly. On the Styr Hver, however,. the Russians are still fighting for the river crossing. In the west the weath er is wintry and there has been only artillery and minor activity. Pacific Intent. "The one aim of the Russian troops advancing towards Teheran i^ to af ford protection to the forces colliding in case of need, with the Persian gov ernment, has been expressly informed of the pacific intention of the tpoops,' said Lord Robert Cecil, ,undersecre tary of state for foreign affairs in the house of commons today, in reply to a request for information Concerning the critical situation in Persia. Russ Fleet of Bulgaria. London, Nov. 17.—A dispatch to the Vossische Zeitung from Bucharest reports that 15 units of the Russian Black sea fleet, including the r4c^!|tly lost dread naught, have been cruising for two days off Bulgaria. Moslem Pasha Revolts. London, Nov. 16.—A dispatch from the Exchange Telegraph from Athens says: "Constantinople newspaper? state that Djemal Pasha, the Turkish minister of marines, while on a mis sion to Syria, revolted against the government and induced the Drusep (a fanatical religious sect of Syria), whom he armed to join him. He slid the revolt was connected with Arab ian and not foreign politics, and that he was supported by the Arabians., According to Djemal he is co-operat ing with the Entente allies. Bulgars Are Defeated. General Sarrail, commander-in-chief of the French army in the Balkant*. in announcing the result of a 36-hour battle on Cerna, in southern Serbia, declared that 30,000 Bulgarians were repulsed along the whole line, with very heavy casualties. Not one French gun was lost. 'The Austro-Geraurci effort to envelop the Serbian aunties in the north is also announced to have failed and the 'Serbian counter offens ive is proceeding successfully.