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L*V The Weather PARTLY CLOUDY THIRTY-SIXTH YEAR, NO. 810 DECIDE PAVINC USE MONDAY: III Andrew Miller Suggests That Pol itics Is at Bottom of Opposition. DEFENDANTS DECLARE ACTION IS IMMATURE Judge Ellsworth of Jamestown Is Brought Into Case at Eleventh Hour. Judge Nuessle will announce his de cision upon the application of certain property owners for a temporary in junction to restrain the city com'mis sion from letting the paving contracts in District No. 2 Monday at 10 a. m. He disposed of the contention that the statute is unconstitutional, under which the city commissioners pro ceeded by stating that it would not be considered in this litigation. The chief issue to be determined is the suggested contract to be entered into with the city engineer relative to the increasing amount of work to be done under the paving contract. Battey's Affidavit In this connection, Commissioner Battey, chairman of the city commis sion paving committee, has made an affidavit in which he alleges: "that the city commission has never authorized the city engineer to increase or de crease the amount of the work which shall be performed under the paving contract that no formal action at any time has been taken giving him the right to do so that the provisions re ferred to is a paragraph in a suggest ed form of contract." Miller Suggests Motive. All day was spent in the arguments yesterday. At times they waxed slightly acrimonious. Andrew Miller of counsel for the city suggested to the court that political considerations had entered into the opposition to paving from certain parties who were shielding behind the litigants at bar. Their only interest, he continued, was to delay the paving project, thus throwing Itjnfo the city election next spring. .Much of the opposition, he contended, "fame from those who had been unable to "horn in." Want to Fish. "If this project is delayed they will go fishing for the next twq or three months," he said, -"in order to catch something." He rebuked R. N. Stevens, attorney for applicants, for certain personali ties indulged in during the morning session. Morning Session. Andrew Miller, former attorney gen eral, made the chief argument in de fense of the commission's action. As sociated with him are C. L. Young and F. E. McCurdy, city attorney. His argument was in reply to the conten tions of the paving protestants repre sented by R. N. Stevens, F. H. Regis ter and Judge Ellsworth of James town. Before arguments were presented, Mr. Miller filed with the court a de murrer to the complaint together with an affidavit from P. C. Battey, chair man of the paving committee of the city commission, stating that the city has entered into no contract with any paving concern, selected no kind of pavement or in any way obligated it self. This laid the foundation for the at tack upon the complaintants' position by Mr Miller and his associates that the action was premature and the complaint drawn irrelevant. Legislative Function. "The necessity or propriety for this improvement," said Mr. Miller, "is not a question for the court. It is purely a legislative matter vested solely with the city commission. The city com mission has absolute power to deter mine the propriety of the improve ment and it is not reviewable by this court. "There can be but two objections raised. First, whether the city com mission proceeded without authority, or second, whether fraudulently. Conformed to Law. Mr. Miller showed that the author ity was vested in the commission to proceed with paving when, in the opinion of the members, such an im provement was deemed necessary. He took up the various steps in the pro cedure showing that in each instance the actions of the commission were in conformance with the laws of the state. "No one knows," he said, "what the cost of this improvement will be. The complainants have arbitrarily taken two or three kinds of pavements and figured out their confiscations-. We believe that they have shown consid erable nerve to come before the court with such a flmsy contention. No one knows but that a cheaper paving will be used than any of those upon which the complainants base their conten tions that the improvement will be confiscatory. When Tax is Levied. "The time for these complainants to come into court is when the tax is lev ied. Then if the assessment is great er than the benefits, it is the £uty of Continued on Page Three) -fc -, SIR flp-WS OF THE WORLD) l3? MAY WIN OREECE TO SIDE OF ALLIES FRANCIS EDMUND ELLIOT If Greece enters the war on the side of the allies, credit will be given Sir Elliot, British ambassador to Greece, for rare diplomatic ability. ELECT! Ill WILL BE Vigorous Campaign to Capture First State Voting Com pleted. 1400 NATIONAL GUARD SEND IN BALLOTS Portland, Me., Sept. 9.—The state campaign closed tonight, after a total of 292 set speeches had been crowded into the final 24 hours. One hundred meetings were addressed by men whose national prominence assured a packed house. Supplementing this un precedented volume of oratory, were brass bands, red fire, organized cheer ing and a revivial of old-time torch light parading. Portland, Me., Sept. 9.—Political conditions have created a 'widespread interest in the general election in Maine, the earliest to be held in the country and always regarded by poli ticians as a possible forecast of the national vote for president. The vot ers will go to the polls on Monday next to ballot for two United States senators, four members of congress, governor, state auditor and members of the legislature. In addition, they will decide by referendum whether to endorse the bills passed by the legislature to limit the labor of wom en and children to 54 hours a week and to provide for state aid in the building of bridges. Key to Situation. The destination of the Progressive party vote, released by the decision of the party leaders not to maintain a separate ticket, is the key to the situation. Although the Republicans are confident that practically all of the Progressives will return to their former affiliation, the Democrats dis pute the contention and have made vigorous efforts to attract the .Pro gressives. In the last presidential year the .Progressives cast 48,495 votes for Roosevelt, while Taft re ceived 26,545 and Wilson carried the state, with 51,113. In the state cam paign for 1914 the Democrats again were victorious, electing Oakley C. Curtis as governor, with a vote of 62, 076, to 58,887 for the Republican can didate and 18,226 for the Progressive nominee. The Republicans in each year elected three members of con gress and the Democrats one. In recognition of the unusual situ ation state issues were almost en tirely subordinated in the campaign this year. National leaders of the Democratic and Republican parties bombarded the state with their heav iest artillery, mobilized to an extent unequaled in this state since the memorable year when James G. Blaine of Maine was a candidate for president. President Wilson did not come, but his campaign addresses were made by several members of his cabinet, Democratic senators and members of the house and others prominent in the party. The Repub licans sent many of their strongest speakers, and arranged as »a climax addresses by Theodore Roosevelt last week and by their national stand ard-bearer, Charles E. 'Hughes, in the final week of the contest. On both sides the record of the Wilson admin istration formed the central topic of nearly every speech. The Demo crats dwelt chiefly on the fact that the country had been kept out of war and on the prevailing prosperity. The Republicans directed their heavi est attacks against the Democratic tariff policy and the president's con duct of Mexican and European prob lems. Many Local Contests. In opposition to Governor Curtis, who seeks re-election, the Republic ans nominated Carl E. Milliken of Island Falls, former president of the state senate and known as a ''Roose velt Republican." For senator the Democrats renominated Senator Ch^s. F. Johnson for the full term and nam ed C. iM. Sills, dean of Bowdoin col- (Continued on Page Two) SUMMON EXPERT TO Members of Joint Commission in Difficulty and Ask for Help. LONG SESSIONS ARE EXPECTED NEXT WEEK Subject of Possible Loans to the Carranza Government Has Not Been Discussed. New London, Conn., Sept. 9.—Amer ican members of the joint commission, considering the relations between the United States and Mexico, are finding some difficulty in devising satisfac tory plans to insure peace along the international boundary. The full com mission was not in session tonight, but Secretary Lane and Judge Gray of the American commission, after an all day struggle with the various plans sug gested for policing the border, decided to summon expert military judgment to their assistance. For that purpose they asked that Major General Kas kar J. Bliss, assistant chief of staff of the army, be sent to New London to confer with them. He is expected to arrive Monday. It was stated authoritatively today that the subject of possible loans to the Carranza government had not been mentioned by either commission and there was htnoing to indicate such a project would come up. For the present, at least, the border situa tion is the only r«^e being considered with the idea of bringing immediate concrete results. It is expected long sessions will be held every day next week, and that a border plan will have been virtually completed in that time, ready for sub mission to the Washington and Mexi co City governments for ratification. Ill POT IIP OUT FHUIK FUN Prater and Others Go to Fargo to Boost for Mandan Before Equity Committee Mandan will be represented today at the meeting t)f the Equity com mittee at iFargo, when it will go over again the site proposed for the mil lion-dollar packing plant, which will be built either at Fargo or the Mor ton county city. W. J. Prater, county treasurer and chairman of the Republican Central committee, strong in Non-partisan and Equity circles, left last night on No. 2 to attend the meeting as the representative of the Bismarck Com mercial club. With him went C. A. Swanson of Driscoll, one of the di rectors of the state branch of the American Society of ^BcSity. They will do their best to secure the plant for Mandan. Ray McKaig, secretary of the Re publican State Central committee, and President Newton of the 'Mandan Commercial club left on the same train. According to a report received from Fargo last night, practically the en tire state has lined up with iMandan in the fight, save the territory im mediately surrounding the Cass coun ty city. This attitude is due, it is said, not alone to the fact .that Fargo has al ready many of the Equity institu tions, but that iMandan really has come forward with better offers and is better situated, being the natural point at which much of the cattle raised in the west would be sent for slaughter. RETURNS FROM TRIP TO MINOT. F. L. Conklin returned yesterday from a business trip to Minot. He re ports business conditions good. No one seemed to be discouraged in the least by the light crop in some sec tions. The opinion seems to prevail, he declares, that, while buyers will show more conservatism, business will be good and substantial. SELLS WHEAT FOR $1.75 PER BUSHEL Minneapolis, Sept. 9.—A local grain firm today sold to another local con cern one car of No. 1 hard Marquis wheat for $1.75 a bushel. This price is said to be the largest ever paid for wheat at the Minneapolis chamber of commerce. The wheat, which came from Ches ter, Mont., probably will be used for seed. It brought 12c a bushel pre mium over the ruling quotations for September wheat. -_ J$ Legality of Transaction in Vill age of. Hibbing, Minn,, Are Questioned. ACTION IN MATTER RESTS WITH COUNTY Officials Are Criticized Adverse ly for Lack of Proper Accountings. St. Paul, Minn., Sept. 9—Hibbing, iMinn., famed as the "richest village in the world," has suffered shortages and overcharges of-*! nearly $62,000 during the past fl*e years, according to a report filed wi'ft Governor J. A. A. Burnquist here, late today, by State .Public Examiner Rue E. Fritz. The legality of other transactions in volving $48,250 additional village funds is questioned. The report shows how the village receipts went up from $333,950 In 1910 to more than *900,000 in 1914, and the expenditures from- $303,000 in 1910, to $1,233,700 in 1914. Another comparison discloses that in iMarch, 1915, 1,296 persons were on the village payrolls and 1,710 vot ers cast ballots for mayorality candi dates in the village election. Mayor Victor L. Power is mention ed but once in the report, and then as one of a number of officials criti cized for accepting claims for collec tion against village employes. This is In connection with a statement that improper methods are permitted in endorsing payroll vouchers and or ders, and leave nothing to indicate that the right parties receive the orders, according to the examiner. Village officails are criticized ad versely for various practices and for lack of proper accountings in some departments, but few are named in the report. The largest single SP age item is that of $4,838.4:5, repMUed against Dennis Ilalej^ v.iitii'he tfuit Mie of fice of village treasurer, April 4, 1913, after two years' service. MEXICANS WILL PURSUE VILLA AND HIS BANDITS Chihuahua City, Mex., Sept. 9.— Mexican troops are preparing to take the field against Villa and his ban dits, reported to be in the Santa Clara canyon. This announcement was made by General Jacinto Trevino today, following a conference with Generals Matias Ramos, Domingo Ar rieta and Eliesdondo. General Trevino withheld details of the plans formulated, but said In pieces of artillery out of 75 and 80 millimeters calibre have been sent from Monterey for the campaign. Julio Avina, a Villa general, re cently captured in Durango, was brought here today from Torreon for trial by courtmartial. WILSON LAYING PUNS FOR "PORCH CAMPAIGN" Long Branch, N. J., Sept. 9.-—Presi dent Wilson began his first. vacation of the year today by laying plans for the "porch campaign" he will conduct from Shadow Lawn. With Mrs. Wil son, he will arrive here at one o'clock this afternoon from Atlantic City, af ter a 100-mile ride along the ocean front. The president later visited his daughter, Mrs. William G. McAdoo, who is sipk at Spring Lake. Tonight he attended a theater per formance here. Appeals to Women to Aid Hughes Atlantic City, N". J., Sept. 8.—A di rect appeal to the woman suffragists of the country to support the Repub lican candidate for president in re turn for the service "he has rendered the cause of equal rights was made by Herbert Parsons, Republican na tional committeeman from New York, at the night session ot the National Woman's Suffrage convention. When Mr. Parsons had concluded, Dr. Anna B. Shaw, who presided, rose and said: 'The one non-partisan thing I can say is that whichever party brings up success, that party will not be un mindful." Mr. Parsons was one of several speakers, including Haymond Rob bins of Chicago, chairman of the last Progressive National convention, who strongly urged votes for women. ©ritmne. BISMARCK, NORTH DAKOTA, SUNDAY MORNING, SEPTEMBER 10, 1916. (BY ASSOCIATED PRESS)! FIVE OElfZS Expected Big Car Strike in New York Will Spread One Strikebreaker Is Wounded /New York, Sept. 9.—The strike of unionized employes in the subway, on the elevated lines and on surface cars of the New York Railways com pany, which began three days ago, spread tonight to the surface lines of the Second Avenue Railway com pany and the Third Avenue company. These companies operate virtually all of the surface cars in Manhattan and the Bronx and the strike, if success ful, it was said, will completely tie up surface car traffic in the two bor oughs. The first serious indication of vio lence occurred tonight, when Michael Gianni, 27 years old, a strikebreaker, employed by the Interborough Rapid mm out ok HOT ICT BETTER Bryan and Betz Furnish $5,000 Bail Farmer Who Shot Hun ter Released. AIMED AT TIRES SAYa ACCUSED MAN F. J. Durant of Sibley Butte town ship, who shot J. P. Spies of 213 iFlrst street, while the latter was hunting, was released yesterday on $5,000 bail. W. E. Bryan of Bismarck and J. S. E'etz, a farmer, living near McKenzie, went on his tbonds. Much of (Mr. Durant's crop is still uncared for. He was in the county jail 48 hours be fore bail could be furnished. Condition Serious. Mi*. Spies' condition is still serious. None of the doctors in attendance will give any statement as to the probable outcome of the case. Mr. Durant, in giving his side of the shooting yesterday, said: Was Pet Chicken. "Th& chickea which was shot was a tame one that bad b$en raised with our turkeys. The* children fed it with bread crumbs. When the automobile went by she flew up, passing over the road. "The men were right in our door yard. iMy wife called to them and told them not to shoot. They paid no attention to her. Then I got with in calling distance and I told them not to shoot. They paid no attention to me. Tells Them to Leave tl. "When they went to get the chick en I told them to leave it. But they took it and gave me the laugh. I went to the house, got the gun and ordered them to stop, so that I could get the number. "They speeded right on and I shot, aiming at the tires. I had no inten tion of hitting either of the men." on. tJ.H IN CMCE OF WORK The following, from the Breeders' Gazette, is of interest because the work was done under direction of the Bismarck office, in charge of Dr. R. H. Treacy, who is with the animal husbandry department of the federal government. "A vigilant watch has been kept in this country against dourine, the most malignant venereal disease of horses. Jt was introduced into this country from Europe, but has fortu nately 'been kept from spreading ex tensively. It is hardest to control in the range states, and there the precautions are most necessary. Testing is done by veterinarians by the complement-fixation method and the extent of their work is shown by the figures for this year up to July I. In iMontana the deputy state vet erinarians tested 507 head and gov ernment men 7,700 head, a total of 8,207 in the state. In North Dakota the state men tested 481 and govern ment men 2,372, a total of 2,853. In South Dakota the state veterinarians tested 1,854 and the government men 11,486, a total of 13,339. This makes a total of 24,399 horses in the three states subjected to the test the first six months of this year." fin MS THIID ME FIM F.J/S Fargo, N. D„ Sept. 9.—The Winni peg team defeated the Fargo-Moor head nine again today, 4 to 1, making it three straight wins. The teams play here tomorrow. Should the Cana dians win again, they will clinch the Northern league championship CALLED~BY UNCLE'S DEATH. S. V. Cunningham left last night on No. 2 for Watertown, Wis., where he was called by the death of his uncle, Mr. Howard. Transit company, was shot and prob ably mortally wounded by an uniden tified assasilant. The police reported minor attempts at violence during the day and several arrests were made. The police asserted at 7:30 p. m. that virtually all cars of the New York Railways company had been sent to the barns. Service in the subway and in the elevated railway lines of the Interborough Rapid Tran sit company, however, was about nor mal. Samuel Gompers, president of the American Federation of Labor, is ex pected here tomorrow from Boston, to take charge of the strike. GET CLUE OF Laborer Declares He Saw Strange Man, Apparently Wandering on Farm. DESCRIPTION TALLIES WITH MR. WANNER Jamestown, N. D., Sept. 9—Acting on information that a strange man was seen in the vicinity of the old Joos farm, north of Jamestown, yes terday afternoon sitting in a cluster of weeds and later wandering toward the west, this being followed by a re port that a man whose actions were peculiar was seen near the Attorney Oscar J. Seiler farm, six miles north resulted in five automobiles being sent out from Jamestown this morning in hope of finding Theodore Wanner, for mer Fargo college professor, missing from the home of his sister-in-law here, since last Thursday morning. Soon after the cook on the Seiler farm, had reported seeing a peculiarly acting man near there, searchers went our from Jamestown last evening. Darkness came on and the work had to be abandohed until this morning. It was a laborer for Pat Kelly, who now operates the Joos farm, who brought the first information to anxious rela tives in Jamestown and who furnished the only clue upon which brothers and officers are bending every effort to lo cate the missing professor. The de scription which the laborer furnished is said to tally with that given the Jamestown police and the special ofii cers of the Northern Pacific. Discarding the theory that the pro fessor might have wandered into the James river and drowned, and work ing on the only clue furnished—that from the north—five automobiles con taining relatives brothers and friends, left Jamestown this morning for the wooded country north of this city. Late tonight no report had reached the Wanner residence as to any fur ther thread of information which might be picked up and followed. E- G. Wanner, brother of the miss ing professor, piloted a party to the north country this morning. Other searchers to leave the city were Ralph Pureed, manager of the Wanner Ab stract company of Jamestown James Buchanan of Buclfanan. N. D., uncle of Mrs. Fred M. Wanner of this city, and long-time friend of the professor Dr. Wanner of Wimbledon, and Ray Sweetman of Fargo, who arrived this morning and is a son-in-law of Mrs. Wanner. Besides the relatives, P. W. Eddy of the Eddy-Proctor Furniture company, in his car with a party left this morning for the woods. The most plausible theory advanced now is that over-study at the Univer sity of Wisconsin, at Madinson, where Professor Wanner was taking post graduate work this summer, prepara tory to taking his chair at Wahpeton Science school this fall, caused an un balanced mind. This theory is given substantiation in a letter which was received by members of the family here, in which the professor is said to have discussed certain topics at random with no coherency, whatever. In the letter, its was stated, that he was in trouble. mns HI cm w. M. Smart, one of the publishers of the Minot Optic-Reporter, visited Bismarck yesterday. Mr. Smart is a former Twin City newspaper man. He is one of the leading journalists of the state and a strong man in Ward county. HERE FROM JAMESTOWN. Judge S. C. Ellsworth and son, Ron ald, of Jamestown, are spending sev ral days in the Capital City, transact ing business and calling on friends. HERE FROM ALASKA. Capt. Ferguson of Alaska is spend ing some time in the Capital City. Capt. Ferguson is spending some time with R. N. Stevens of Third street. Last Edition BRITISH EHCACE JtL Fierce Fighting Ensues on French Front Kaiser's Losses Are HeaYy.^^^ FRENCH FORCE ATTACKS IN THE VERDUN SECTOR Roumanians Deal Heavy Blowt to the Armies of the Cen tral Powers. London, Sept. 9.—British troops have been engaged in the heaviest kind of fighting along a three and one* half mfile front, on the Somme, ex* tending from High wood to Leuze wood, and have captured Ginchy, which lies almost directly north ot Bomles, and all the ground between Ginchy and Leuze. On a front ot more than a quarter of a mile, the British gained 300 yards, east of High wood and northeast of Pozleres, and captured 600 yards of German trenches. In these engagements the German casualties, according to the British official statement, were er« tremely heavy. Likewise, the French, forcing the attack in the Verdun sector, captured a whole section of German trenches east of Fleury, the assault being char acterized by the French war office as a brilliant action. Roumanians Fighting Strong. Fighting on three fronts, the Row manians have dealt hard blows at the armies of the Central Powers. In Dobrudja, or southeastern ftoumanla. (Roumanian troops, aided by Russians, have driven the Bulgarians from the fortified town of Bazardjik, or Dob ric, which was captured by Bulgari ans on September 4. The (Bulgari ans also were forced to evacuate an other town in Dobrudja. In northern Transylvania the Rou manians continuing their offensive in the region of Csik Szereda, have oc cupied Olah TopHtza an da pyumbsr of other towns. Bucharest recohJs the repulse of an Austro-Hungarlsn attack south of Mehadla, north of Ot- sova, on the Danube. Fall of Halicz Imminent, The fall of Halicz, southeast at Lemberg, in Gallcia, appears lmml nent, according to unofficial dispatch es from Petrograd. The Austrian* are reported to be blowing up the forts in Halicz and the Russians are said to have occupied others. It is further unofficially reported that the Russians on the left bank of ttie Dniester are bombarding the retreat* ing Austrians. ENGINEER ARRESTED ON E ROBBEI Jamestown, N. D„ Sept. 9.—John Milley, for 20 years an engineer on the Northern Pacific and for several years on the Fargo local, was arrested by Officer Hartman of LaMoure Thurs day, following the robbery of the. Finch Lumber Yards company store room. Milley waived examination be fore the police magistrate ot that city, and was bound over to the LaMoure term of district court on $500 ball bonds. "Stop, or I'll shoot you full of lead!" was the ejaculation from Officer Hart man as some one passed out of the office of the lumber yard late that night. The man only hastened his flight. A shot was fired, then the stranger gaspingly replied that lie thought it was time to stop when a fel low started to shooting. Hartman claims that Milley was the first man he saw leaving the bulldlntf and is responsible for the robbery. JVIilley declares he is not guilty of the theft and says he's a victim of circum stances. Several cans of paint were found along the railroad track this morning following the robbery. US WW ML Mf Hi Chicago, Sept. 9.—Daniel W. Law* ler, Democratic candidate for United States senator in Minnesota, brought encouraging reports today of the po litical situation in his state to Sena* tor Thomas J. Walsh, manager of the Western Democratfc headquarters. President Wilson is very strong ill Minnesota and ,it is my opinion, he will carry the state this fall," said Mr. Lawler. "Since 1896, we hare had ten state elections In Minnesota, and at five of these the Democrats have won. Congressman Van Dyke, Demo crat, of St. Paul, will be re-elected by at least 10,000. Two Democratic mem bers of congress will be elected from the Minneapolis district, and one ton* the First, and one from the Sixth dls* trict. We have a good fighting chance to elect Democrats in two other con* gressional districts. I also believe we will elect T. P. Dwyer, of Minneapolis, our candidate for governor."