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I i' *4* IX The Weather FAIR VACATED BY CAPITAL LINE Rails Will be Removed from Main Street East of Fifth TO PAVE STRETCH ON FOURTH STREET Chairman Lewis Says Board is Ready to Expend $1,C00 on Line Now The Capital Street railway hence forth will terminate its run at Fifth street, on Main. At the request ot the Bismarck city commission the board of control is removing the rails from the four blocks on Main street east of Fifth. There never has been any great amount of business beyond Fifth, and for several years the run to Ninth has been made with empty cars. Removing the rails from this section of Main will leave a better street and will relieve the state of the expense of paving an eight-foot strip through these four blocks. At the request of the press, Chair man Lewis of the board of control, last evening made the following statement: Board Favors Paving. "You ask what action the board of control will take with reference to paving that portion of the street car track provided for in the franchise under which the car line is operated^ "We are very glad of an oportunity to answer your question, as there seems to be an impression among some of the people interested that the board are not doing all they can to assist the enterprising citizens in carrying out a much needed improve ment, which we are satisfied will agj) much to the growth and development of the Capital City. No Funds Available. "The fact, however, as they actual ly exist, are that we have no funds which are available that can possibly be used to do any paving, and the proposition^ will necessarily have to be put up the legislative assembly to make ji'. sufficient appropriation to do the work,. We ,have, however, $1,00C, which can he used to repair the track, and we are willing to use this to ptitP the track to grade, if it will in any way assist the city com mission in furthering the work of paving. Commission Without Power. "Some of your good people have an erroneous impression that the board of control could secure financial as sistance by making application to the emergency commission. In this con nect^, we wish to state that there are no funds available which the emergency commission could appro priate for this or any purpose, and nnder the provisions of the law enact ed by the last legislative assembly, if there were funds, they could not be made available for the purpose of pav' ing." Paving Will Proced. It is probable thai paving will pro ceed on Fourth and Main streets without regard to the state's present lack of funds, inasmuch as the first assessment will not fall due until May 1, 1918, and it is not deemed probable that the state will forfeit its franchise and scrap a property in which it has a great amount of mon ey invested. It is predicted that some provision will be made for meeting the assessments by the next legis lature. (GOVERNOR TO AID IN WILLISTON'S BIG DAY Governor L. B. Hanna has accept ed an invitation from the Williston Commercial club to deliver the prin cipal address at the upper Missouri metropolis Saturday, October 1, when "Williston Day" will be cele brated. The occasion is planned to commemorate the progress which Williston is making the new "White "Way" will be turned on during the •course of the day colt and potato shows will be featured, and there will be a great get-together supper in the evening. ADDITIONAL SEATS FOR GROWING CITY SCHOOLS At a meeting of the board of edu cation last evening in the high school building it was decided to purchase additional seats for the high school and grades to accommodate the in creased attendance. The board referred the matter of pupils eating lunches in the building to Supt. J. M. Martin. A number of routine matters were considered. IMPORTANT APPOINTMENTS. Judge A. A. Bruce of the supreme court has received notice of appoint ment to a number of important na tional commissions, including the na tional commission on uniform state laws and the chairmanship of the committee on marriage and divorce of the Comparative Law bureau. The justice has also been made a mem ber of the general council of the Am erican Ear association. No Decision Reached on U-Boat Raid Washington, Oct. 10.—Final deci sion on the policy of the United States toward the U-boat raid off the New England coast has narrowed down, in the view of the officials here, to a consideration of whether proper provision was made for the safety of the persons taken from the attacked vessels and left at sea in small boats. Althought without definite informa tion as to the attitude which will be taken by President Wilson, with whom the decision rests, high officials are convinced that only direct evidence of insufficient steps to protect life will develop a diplomatic issue over the incident between the United States and Germany. A statement of the facts has been requested from the American naval officers at Newport. (Copyright 191C, by the Associated Press.) KEPT INIUCT BY Prominent Democrat Not Com pelled to Honor Note for Courier-News Stock SCHOOL FIGHT RECEIVES QUIETUS IN COURT John Bruegger's bank roll is kept intact by a decision of the supreme court handed down yesterday after noon, affirming the judgment of Judge Pollock in the district court of Cass county in the suit brought by the Northern Trust co/npany of Fargo against the prominent Democrat for the recovery of $5,000. The action was brought on a prom issory note for $5,000 given by Bruag ger to the News Printing company in May, 1910. The News Printing company wap organized to Lake over the Fargo hewspaper now known as the Courier-News. It was the under standing, Bruegger claimed, when he gave his note that $50,000 worth of stock was to be sold, and that his note would be held in escrow until the full amount of stock was dispos ed of. The note, it was held, "was deliv ered to one Hollister, managing offi cer of both the payee and plaintiff corporations, and under an escrow agreement, and that the delivery to the payee by the holder in escrow was made in disregard of and con trary to and without compliance with the terms of the escrow agreement. A delivery so made constitutes in law no delivery of the instrument." School Fight Quieted. A school fight which had been bub bling for some time in the Wild Kice School district, near Fargo, received its final quietus yesterday afternoon, when the supreme court denied Al fred Brunette a writ of certiorari bringing upon review the action of Judge Charles A. Pollock of the Cass county district court in issuing a per emptory writ of mandamus, compel ling Brunette to turn over to Fred Provonost and O. Cossette, co-direct ors in School District No. 40, the property of the school of that district. Question of Recovering Levies on N. P. Mineral Reserves Now in Court A case involving the recovery of thousands of dollars in current and deliinquent taxes alleged to be due Oliver county from the mineral rights underlying 27,000 acres of Northern Pacific Railway land, argued by At torney George R. Wallace for the state tax commission, now awaits de cision at the hands of Judge Nuessle of the Burleigh county district court. A special act provides for the as sessment of mineral reserves. When the Northern Pacific sold surface rights to its lands in Oliver county, it reserved the coal and other min eral rights, which are assessed at $50 the quarter. The company has paid no taxes on these reserves since claiming that the descriptions given were not proper and that the company was not given due notice of this property's being placed on the assessment rolls. Oliver county is now seeking to recover four years* taxes upon a total assessed valua tion of $135,000. Judge N. C. Young of Fargo is rep resenting the railway company, Geo. R. Wallace the tax commission, and Robert Dunn, states attorney. Olivet county. The case has been brought before Judge Nuessle'on stipulation, for the greater convenience of all concerned. By FREDERICK M. KERBY. Washington, Oct. 10.—The new government Alaskan railroad, which is to link up Seward, at the head oi Resurrection bay, with Fairbanks, 466 miles in the interior, is nearly one third completed! After less than 15 months of actual construction work, the link connect ing the townsite of Anchorage, on Knik arm, with the edge of tha Mat anuska coal fields, is complete'! and in actual operation. in addition, the government lias purchased and rehabilitated the Alas ka Northern railroad, running out rf Seward northward, and is now oper ating trains over this section as far as Kern creek, 71 miles. From Kern creek northward io An chorage, parties are clearing and grading, and five miles of track has Deen laid. Commissioner Biggs, with working parties, has been doing pre liminary work on the extreme north ern end of the line, working out ol Fairbanks southward toward tho Ne. nana coal fields. Aug. 1, 1SUG, the first Carload of coal from the rich Matanuska coal fields was taken out at Doherty's bun ker on Moose creek and shipped down the l'np to Anchorage. The Alaska railroad commission has con tracted for as much coal as he can produce. E'y next summer the Matanuska spur will be ready tp haul out aU the coal lessees of mines in this field de sire to ship. Secretary of the Interior Lane now has before him applications for leases in this coal field, and it is expected DID son 0. S. EL BE Jamestown, N. D., Oct. 10.—Declar ing it was a pity and shame to see the American flag in partnership with the saloon business, Rev. C. E. Cline, of Portland, Ore., representing the National Moral, Temperance and Pro hibitin organization, made the pre diction before the Methodist confer ence here tonight that following the second congress, after the one now adjourned, the United States would be a saloonless land. National prohi bition, he said, would come through woman suffarge and the non-partisan vote, which would be universal. He' declared it was refreshing to come to a state where prohibition has been in force 25 years. "The saloon can't stand the light said the speaker. "It needs cleaning under the noon sun." One of the greatest cleaners, he said, was the Methodist church. "No one can ween a Dutchman from his beer any better than an old fashioned Methodist min ister," declared Rev. Cline. Bishop Cook, who contracted a se vere cold in Utah, was unable to at tend the conference this evening and deliver a response to the address of welcome. His position was taken by Dr. VV. P. Robertson of Grand Forks. Mayor Flint gave an address on be half of the city Dr. C. S. Phillips, for the churches of Jamestown Dr. J. G. Moore, for Bismarck district, and Rev. T. A. Olsen, for his church here. More than 150 delegates were regis tered tonight. RECRUITING OFFICE IS CLOSED—NO BUSINESS Bismarck's recruiting office, after several weeks' unsuccessful opera tion, has been closed, and Captain Solen and his staff have been trans ferred to Fargo. The dearth" of re cruits is not attributed to a lack of, patriotism, but rather to the uncer tainty surrounding service with First North Dakota Infantry on the border. Much of the blame for this condition is placed by military authorities upon the letters home, predicting from week to week an early return of the troops from the border. THIRTY-SIXTH YEAR, MO. 246 (NEW8 OF THE WORLD) BISMARCK, NORTH DAKOTA, WEDNESDAY MORNING, OCTOBER 11, 1916 (BY ASSOCIATED PRESS) Ill SECTIONS OF UNCLE SAI'S ALU RAILWAY Loading Station at Matanuska Coal Fields. leases will be signed this year. Next spring, therefore, the opening of the Alaskan coal resources to public use will have become an accomplished fact. Ever since 1906, when all coal lands in Alaska were withdrawn from en try to save them from monopolization by the Guggenheim syndicate, devel opment has been held up pending some solution of the question. In 1914 congress passed and Presi dent Wilson signed the Alaskan gov ernment railroad act,. This law was followed by the Alaska coal leasing act, recommended by Secretary Lane. March 12, 1914, the first appropri ation of $1,000,000 became available for surveys of the government road. In May, 1914, President Wilson ap pointed the Alaskan engineering com mission, to act under Secretary Lane in building the road. He selected three eminent engineers, William C. Edes of California, who was chief en gineer of the Northwestern Pacific Lieutenant Frederick Kears, U. S. army, one of the men who helped build" the Panama canaOtnd Thomas Riggs, Jr., of Utah, formerly chief of the Alaskan boundary sur vey, who had lived and worked in Alaska lt years. Settlers, prospectors and miners are now pouring into Matanuska and Susitna valleys. A large proportion of the vegetables and garden truck used in Anchorage and the construc tion camps are produced by Matan uska farmers. VVilien the line is open ed from the Yukon to the sea, a new era will have come for Alaska and the Pacific coast. IS STILL HI 0. S. WATERS Reports State Submersible Has Been Seen Off the Savannah Coast NAVY OFFICIALS SAY REPORTS ARE UNTRUE Savannah, Ga., Oct. 10.—The pres ence of a submarine of undetermined nationality off Thybee Bar, off Savan nah, today, was reported to local cus toms house officials, and to the Brit ish consul here, it was learned to night. Officials at both tHe. customs house and consulate refuged to say where their information came from, but each emphasized the statement that "it was entirely unofficial." No undersea boats are in the waters, ac cording to navy department officials. It was reported in marine circles tonight that the navy yard at Charles ton, S. C., had been advised by wire less of the presence, as early as Mon day morning, of a submarine off Thy bee Bar. Customs house officials and those of the British consulate said their information was that a submers ible was off this bar this morning. Received No Message. Charleston, S. C„ Oct. 10.—Captain Benjamin C. Bryan, commandant of the navy yard here, said tonight no radio mesages had been received re porting a foreign submarine in these waters. Shipping men say they have not been advised of a submersible in South Atlantic waters. FINDS CONDITIONS GOOD. Conditions in North Dakota are found much better than anticipated by R. C. Haskins of Chicago, general sales manager for the International Harvester Co., who is here on an in spection trip. Collections are quite satisfactory, states Mr. Haskins, and prospects for new trade are excellent. Mr. Haskins will leave today with R. C. Batey, manager of the local branch of the International, and Mrs. Battey for an overland auto trip to Minot. ®rtlmnc. iiTCIVES GREAT SPEECH AT E Wilson's Policy Toward Promo tion of American Trade Abroad Discussed AMERICAN PROPERTY MUST BE PROTECTED Adequate Protection of Interests of This Country Are Es sential Baltimore, Oct. 10.—Charles E. Hughes, speaking in the great armory here where Woodrow Wilson first was nominated for the presidency, to night assailed Mr. Wilson's policy as president toward the promotion of American trade abroad, and replied to published statements of Dr. Charles W. Elliott, president emeri tus, of Harvard, endorsing the presi dent's policy. "Dr. Elliott pierces the heart of the matter," Mr. Hughes said, "and he finds that the record of the ad ministration means this: 'No inter vention by force of arms to protect on American soil American commer cial and manufacturing adventurers, who, of their own free will, have in vested their money or risked their lives in foreign parts under alien jur isdiction.' "Think of the import of that, you who represent the best genius of the. world, and are thinking of using it abroad," Mr. Hughes added. "Think of that, you who, it is suggested, are to be asked to finance the chief un dertaking of the world. Think of that, merchants, salesmen, tellers, clerks and dealers, who, in serving the world take your place remote from your friends and safeguards, in communities where revolutions are frequent and only the respect for your flag and the power it symbolizes may stand between you and ruin or even death!" "Wo now hear fine wofds as to our duties to the world. "But what avails such words when we do not protect American lives and American property abroad? The ade quate protection of American citi zens and their interests abroad, ac cording to their rights under, interna tional law, is the corner stone of a policy to promote American enter prise throughout the world. This protection has been deliberately and deplorably refused by this adminis tration." "A self-respecting policy, worthy of an American name, maiataining American honor, assuring protection to the known rights of American citi zens under international law is abso lutely necessaryv Tha£ does not mean war. It means the security of a self-respecting peace. It rnear/ that regard will be paid to our just demands." Mr. Hughes left at 11^:30 o'clock to night for points in West Virginia. CANADIAN PENALIZED FOR STORY IN BISMARCK PAPER Ludwig Giesinger, a young farmer residing at Holdfast, Sask., has been found guilty in the Saskatchewan su preme court at Regina of seditious libel as a result of an article which he wrote for the Staatz Ansieger, pub lished in Bismarck, in which he said, among other things, "it is my belief that if these people (Canadian volun teers) only in their dream at night saw a German soldier, they would die of fright before morning." It becomes evident that Canada is maintaining a strict censorship, and that American papers are being closely watched. HOME MOM MEDINA. A. C. Olson of the secretary of state's office is back from a visit with home folk at Medina. Long Branch, N. .T., Oct. 10.—Presi dent Wilson and Secretary of State Lansing discussed in detail at Shadow Lawn tonight German submarine at tacks on merchantmen Sunday off the New England coast. The conference lasted late tonight and will continue tomorrow morning. It was indicated by officials today that facts, so far collected through governmental agencies, have disclos ed no grounds for drastic action by the United States because of the at tacks themselves. Adminisration officials took the po sition that the transferring of sub marine warfare so close to America's shores was fraught with grave dan ger because of the possibility of mis takes being made by submarine com manders. Reports that strong senti ments exist in Germany for the re sumption of submarine warfare on a Allied Powers Advised as to Stand of U. S. on Submarine Question RUSSIANS FORCED TO RETREAT BY TEUTONS Two German Submersibles Sunk By Russian Torpedo Boats London, Oct. 10.—Submarines of belligerent powers visiting American waters will be accorded the treat ment which is their due as warships under international law. This fact has been made known to the Entente allied powers by the state department at Washington in answer to an identic memorandum from Great Britain, France, Russia and Japan, asking that submarines of every character be prevented from availing themselves of the use of neu tral waters and that such vessels en tering neutral harbors be interned. President Wilson and Secretary Lansing have discussed at length the visit of the German submarine in waters adjacent to the coast of the United Staes and continue their con ference Wednesday. The German undersea craf, which played havoc with enemy and neutral steamers off Nantucket Sunday has not bjeen heard of 3lnce the last steamer ^,'as sent to the bottom Sunday night.- French Score Big Gain*. The French troops, fighting south of the Somme region in France, have bent back the German lines consid erably over a front of about two and a half miles from the village of Bo vent to the Clialnes wood, capturing the village of Bovent, the north and west outskirts of Ablaincourt and most of the Chalnes wood. Little activity was hown on the British front north of the Somme. Russians Still Retreating. In Transylvania, the Germans are closely pressing the retreating Rus sians, who continue to fall back all along the line. German Storm Herbutow. The Galician village of Herbutow has been stormed by the Germans and to the north in Volhynia, the Russians have been driven out of ad vance positions northwest of Lutsk. Along the Struma river, in Greek Macedonia, the forces of the Teutonic powers have evacuated the towns of Chavdar Mah, Ormanli and Haznatar. German Submarine* Sunk. Christiania advices say that two German submarines, operating in the Arctic ocean, have been sunk by a Russian torpedo boat while they were attacking a wireless station on the Murman coast. TRAFFIC MANAGER IN CITY. E. K. Bennett, traffic manager for the Northern Express company, and Mrs. Bennett were in the city yes terday, enroute home to St. Paul from a trip to the coast for Mr. Bennett's health, he having been a sufferer from rheumatism for the past two months. Mr. Bennett is well known in the city and his friends will be glad to know of his entire recovery. Investigation of Submarine Attacks Disclose No Cause For Drastic Action by U. S. broader scale, caused some alarm among officials. The arrival of James W. Gerard, American ambassador to Berlin, in New York shortly before Mr. Lan sing left that city for Shadow Lawn, added interest to the meeting be tween the president and Mr. Lansing because of the fact that the secretary saw Mr. Gerard at luncheon in New York. In discussing submarine attacks Sunday, the diplomats referred to correspondence between the United States and Great Britain beginning in 1914, in which the American govern ment protested against he patroling of the American coast outside the three mile limijt-'by British warships. This was pointed to as providing a precedent for protesting against the proximity of German submarines to the American coast. Last Edition CLAIMS HIS WILL NOT nvs TELLS OFJIS POLICY Fears That New Power Will Be Hostile to United State! Discredited WILL TRY TO PROMOTE MOST FRIENDLY TIES Premier Count Seiki Terauchi Gives Concise Statement of His Ideas Tokio, Japan, Oct. 10.—Fears of a section of the Japanese public, which, have found an echo in the United States and China, that the coming in to power of the new ministry may be tantamount to war, were discuss ed frankly today by Premier Count Seiki Terauchi, in giving to the As sociated Press the first statement he has made in regard to the foreign policy of his administration. The premier gave expression in a sen tence to the spirit which he declared would animate his dealings with other nations. It was the assertion that Japan would not take any aggressive steps toward the United States or any other country "so long as Japan's vital interests and dignity are not in fringed." Will Not "Wave the Sword." "Any idea that 1 shall 'wave the sword' while I am prime minister of Japan is based on a false comprehen sion of my career and 'a complete misconception of the Japanese Em pire, its tasks and its hope and ideals for the future," he said. The dramatic summons to the pre miership of Field Marshal Terauchi, Japan's dominating military figure, has excited a discussion overshadow ed by no single event in moden Jap anese iistorx In view of the world-wide interest in the significance of his appointment and the misgivings it apparently has caused, the premier, who has long had the reputation of taciturnity, con-' sented to break his silence and give to the world, through the Associated Press, a general idea of his purposes and policies. His rugged face, stern, in repose, relaxed with a smile as lie said: Will Promote Friendly Tie*. "Tell the American people that my earnest and constant endeavor shall be to promote the friendly ties which have bound Japan and America for half a century. "Your people know my administra tive record in Korea. Because I am a successful soldier, shall that pre vent my being a prudent minister of state. Say it, repeat it, that. I come as a satesman, who is seeking the lasting inerest of my people, not as a militarist, seeking glorification bjr the sword." The premier disclaimed responsible ity for the interview in New Yorle with Baron Sakatani, who was quot ed as saying the repeal of the Ameri can laws regarded by the Japanese as discriminatory against them was a matter of "justice and necessity." He declared emphatically that as pre mier he would undertake no new steps in regard to the so-called Amer ican problems, including immigra tion. In this respect, he said he would follow closely the policies of the outgoing cabinet. American Interest* Safe. Though he was unable to dwell on a detailed program, the premier con tinued, he could affirm that America's interests in China would be harmed in nowise by Japan, which has no in. tention of violating China's sovereign* ty or preventing interested nations irom having equal opportunities. "People talk of closing the door,'* he said. "That is a complete nonpos* sumus. 'So long as Japan's vital interest and dignity are not infringed, Japan will take no aggressive step* against any nation, especially America." Ridicules Circulated Rumor. The premier said he saw no likeli* hood of active participation in the war by Japan. He ridiculed the ru« mor that Japan has designs in re* gard to the Philippines, saying that if any power were to be there, he was glad it should be America. "My appointment is in exact ae» cordance with the provisions of the ..apanese constittuion. "Not revolutionary, not aggressive, not militaristic, but constructive— that is my program." declared the premier in conclusion. APPLICATIONS FROM WOULD* BE AIRMEN ARE COMING IN Anticipating the establishing of an aviation school In connection with the reserve corps which the United States military department has been authorized to form, several Nortli Dip kota would-be airmen have filed plications for positions in the corps with Adjutant General Tharaldson. Conditions are not yet ripe for action and none of the applications has bees favorably acted upon.