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The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, February 16, 1923, Image 1

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Fair and colder tonight. Satur
day probably fair.
Bill to Abolish Highway Com
mission and Discontinue
Federal Aid, Stands
Burleigh County and Ramsey
County Representatives
Lead Fight On It
When llu* house came to vote on
(ho i|i]<’sfioii of iirerirtinir the re
port of the committee of the whole
on 11. It. ±!S, the vote was *»H for
the bill, :>\ against, amt one
ale eat.
The house of representatives, sit
ting in committee of the whole, to
day sustained by a vote of 54 to to,
with 14 members absent, house bill
l'o. li.j.'l which would abolish the
state highway commission after
completion of existing federal aid
load contracts and would discontinue
federal aid in road building in North
The bill now goes to third read
in;-; and final passage, with its fate
made doubtful because of the large
number of absentees from the com
mittee of the whole.
The action of the house was tak
en in the face of warnings that it
would cost the counties or other
local sub-divisions a half million
dollars to complete existing con
tracts with federal aid withdrawn.
The bill was assailed from this
standpoint by opponents as not
merely false economy but putting
an additional burden on the taxpay
ers of the state.
Proponents of the bill, endeavor
ing to modify the effect upon the
minds of legislators of the provi
sions of the bill abolishing the high
way commission, declared it in ef
fect smply declared a two year “mo
ratorium" on state highway road
building in North Dakota, and need
not b<‘ regarded as a permanent poli-
Chss County Vote Solid
The heavy vote commanded by !
Cass county in the house turned the
tide in favor of the bill, and the at
titude of Cass county was assailed
by many legislators, who asserted*
that because Cass county pays more j
into the state fund through auto li- I
t,enses than the county gets back, j
her representatives sought to break
down state road building to the in
jury of other counties in the state.
The opponents of the bill drew
their support largely from the west
ern half of the state where, it was
asserted, road building would oe
crippled and development of the ter
ritory impeded by,'passage of such
a bill as house bill No. 233.
Telegrams from/ Thomas H. Mc-
Donald, chief of the bureau of pub
lic roads, Washington, D. C., stat
ing that the federal government
would withdraw aid if the bill pass
ed, were read.
Opponents of the b'll read
from a letter from D. H. Blair, COBH
missioncr of the treasury uepan
ment, to Congressman Geo. M.
Young, stating that figuring the
amount of federal taxes the various
states pay, North Dakota contributed
$1 to the fund for federal road aid
for every s3l the state got through
that method.
The road building as conducted
under the administration of the
highway commissibn was criticized
severely during the two and a half
hour debate in the house.
Rows Over Bill
During the debate, in which Rep.
L. L. Twichell, Cass county, argued
for the bill, he said in answer to a
question that his brother, Treadwell
Twichell, long a leader in state poli
tics, opposed house bill No. 233 and
that “we’ve had three or four rows
nbout it.”
Leaders in the fight against the
bill were Rep. Jackson and Rep. Sa
gen of Ramsey county and Rep.
Harrington and Rep. Anderson of
Burleigh county.
There was no record vote taken.
The debate also developed severe
opposition of the North Dakota Good
Roads Association program legisla
tion pending in the senate, which
may doom the constitutional amend
ment, resolution and three bills.
Rep. Jackson, opening debate, tra
ced the development of the national
policy of federal aid to build a na
tion-wide road system.
If federal aid is withdrawn the
counties and state have the job of
competing about $1,000,000 of un
finished contracts, he said. This
means, he said, that the $500,000
which the federal government would
put in mast be raised locally by tax
What State Will Lose
• k *
He read a telegram giving figures
on the amount of money Nojrth Da
kota pays into the fund from which
federal aid is paid.
For every $1 of taxes put in by
North Dakota the state gets back
$31.80. '
if North Dakota gets $3,000,000 of
federal aid it vfrould cost the state
but about $30,000 in federal taxes.
The money comes from the big
eastern states which pay the bulk of
; (Continued on Pago Throe)
..v - : I
I iH
. .^^HhKpj J- Jean Young Yzguerdo i above), IV
'• jf troit actress, is suing her husband.
■■£ JT jHJ Orlando Y/.guiorda (below). weal-
Hjj[H j&^glW&y.' thy Cuban, for divorce. She charges
Physicians May Obtain Intox
icating Liquor Under Bill
Agreed Upon
Senate amendments to house bill
No. 50, chief of which was to pro
vide that physicians may obtain five j
gallons { 'of intoxicating liquor of |
any kind in one year to prescribe for 1
patients, were accepted by the house j
of representatives late today. The j
bilf now goes to the Governor for I
Rpp. Hal crow, joint-author of thci
bill and a leader among temperance f
forces, moved the concurrence in the j
senate amendments. He said that
the doctors preferred the bill to pro-1
vide that intoxicating liquors may j
be obtained, instead of the house
provision of alcohol, and that while
the senate amendments nad not add
ed any strength to the bill, the sen
timent was strong in the senate and
he moved the house concur. The vote
on currencc was 100 to 8.
The bill writes into North Dakota
law the federal prohibition restric
tions in most particulars, and also
clarifies the law with regard to dis
posing of confiscated automobiles of
whiskey runners.
The house also in Sen
ajte amendments to htfnse bill No. 34,
which did not change the bill to
any extent. The house accepted the
amendments, thus completing pass
age of the bills which abolish the
present sheriffs’ livery, fees and in
crease the mileage allowance from
10 to 15 percent. The bills were
fought by ipany sheriffs, since it re
duces the amount of money which
will be paid them for travel materi
ally. '
Bill Sent Back
The house, after argument, passed
house bill No. 295, to repeal the law
passed in 1921 providing for con
solidation of the electric light plants
of. the penitentiary and capitol, and
permitting the sale of current in th?
cities of Bismarck and Mandai}. The
vote was 59 to 53, wtih one absent.
After passage, however, Rep. Jack
son, author of the bill, said that it
was found it took in too much ter
ritory, repealing other laws that it
was not desired to repeal. He asked
that the bill be re-referred to com
mittee for amendment.
Kill Senate Bill
The house killed the senate bill
which would repeal the “valued in
surance policy” law of the state,
under which insurance companies
must pay, the value of a building
contained in the insurance policy, in
case of fire. JL t also killed a bill de
signed to permit others of the vot
er’s family to enter polling booths
to assist blind, deaf and dumb.
A morning session was ordered
again for Friday, in oftder to aid the
house in disposing of the huge mass
of work before it
Fargo, k Ft b. 16. H. R. Mitchell of j
Oklahoma City was acquitted in fed- J
oral court here today of charge ofj
using United States mails to defraud i
in connection with stock promoting i
around Devils Lake When Judge A. j
Miller instructed the jury to return ]
a verdict of not guilty.
The verdict was granted on motion !
of attorneys for defense that there J
waj no evidence of fraudulent in
tent and therefore no fraud.
Appeal Record Is Sent to Su
preme Court Pending
Appeal Action
Gruesome reminders of the mur
der of Marie Wick in a Fargo hotel,
for which William Cummer is ser
ving.- a life-term in prison, were pla
ced in custody of the supreme court
here today, to remain until the court
acts on Gummer's appeal.
Five boxes of exhibits —including
the hotel, bloody bed-clothing, the
hoze nozzle alleged to have been
used in the murder —were snipped
here together with the transcript of
the trial at Valley City and the
briefs drawn by Gummer’s attorneys.
Scores of photographs accompanied
the papers.
Presence of the exhibits is a part
of consideration of the case, but it
is unlikely the court will order the
boxes opened.
The appeal will be heard in the
March terms of court, beginning
March 6, and the case may be reach
ed about March 10.
Washington. Feb. 16.—An addition
al appropriation of $78,675,000 to
cover payment on taxes illegally col
lected was asked by Congress, today
by the budget bureau. '
The item includes $54,000,000 which
it is estimated will meet tax re
funding requirements.
Washington, Feb. 16.—A legisla
tive program for the remainder of
this session of congress does not
contemplate action on Henry .Ford’s
offer for Mudcle Shoals which is be
ing worked out by Republican lead
ers of house.
One Nonpartisan and 26 In
dependents Voted in Fa
vor of the Measure
Measure Advocated by State
Taxpayers Association '
Is Defeated
Repeal of the law providing for
a liond issue of two million dollais
for the state home building associ
tion was voted by the North Dakota
The vote taken lust week when
the repeal measure failed to receive
a constitutional majority was recon
sidered and the bill passed by a vote
of 27 to 22, Senator IJttestad, Non
partisan, voting with the Independ
Reconsideration of the bill was
taken on motion of Senator Frank
Ployhar. Senator Baker objected to
the reconsideration being allowed,
and when he was over-ruled by the
chair put a strenuous fight on the
floor of the senate against the pass-
age of the measure.
He declared that the Home Build
ers’ law had been a good one al
though it had been mismanaged. He
expressed the hope that under the
present administration the associa
tion would be better managed, and
urged that the law should be retain
ed. •
"If the senator can show me a
single man who has purchased a
house through the Home Builders’
Association who could not have
made a better bargain through a
private firm I will vote to continue
this law in force,” replied. Senator
Lynch. *
One Break in Lines
The vote with the exception of
that cast by Senator Kttestad wss
along party lines.
Without taking a roll call votfe
the senate voted to kill the bill
which would have wiped out the mo
del high school at the state unives
sity, and all high school departments
of the educational institutions un
der the control of the board of ad
Senators Thorson and Whitman of
Grand Forks strongly urged that the
measure should be indefinitely post
poned pointing out that to do away
with the model high school would be
disastrous to the department of edu
cation at the university. Their ar
guments prevailed.
Argue Dancing Bill
A warm little family row devel
oped among the league members of
the senate over Senator Benson's bill
to prohibit all dances either public
or private on Sunday.
“Senator Hamilton, Nonpartisan
took vigorous exception to hte meas
ure. “Our ancestors came to this
country in search of religious liber
ty,* he declared. ‘/Now we are try
ing to deprive others of that right,
by insisting they shall adopt
our Idea of what day shall be ob
served as the sabbath and also how it
shall be observed.
Senator Whitmer of Oliver county,
also opposed the measure vigorous
ly, denouncing it as an attempt to
rgnfcw the old “blue laws of the 17th
century.” y
Senators f Baker, and Miklethua
defended the measure and the lat
ter called-for a roll call on Senator
Hamilton’s motion to 'kill the bill
on the ground that “we want to see
just who is in favor of Sunday dan
The bill finally , passed by a vote
of 37 to 9 after Several unsuccess
ful attempts had been mad* to
amend its provisions so as to make
them less drastic.
Senator Eastgate’s joint resolution
objecting to the proposed merger of
the Chicago Milwaukee and 'St. Paul
with either the Great Northern or
Northern Pacific was killed) on com
mittee report without a record vote
Bills providing for a more strenu
ous poll tax law, and providing for
the forfeiture to the state of land
on which taxes are not paid shared
the same fate.
On a roll call vote Senate Bill 48
which would ’ have prohibited firms
of doctors, lawyers, and dentists
from advertising under company
names y was indefinitely postponed.
M lll 16 Measures
•In the course of the afternoon,
the senate killed a total of 16 meas
ures, and passed thirteen more. Five
of the bills passed were measures in
troduced under the auspices of the
North Dakota Children's Code Com
mission. . \
Other measures passed included
that providing for the acceptance of
the federal Sheppard-Towner Mater
nity act with appropriation for
carrying out the provisions of the
same, and Senate Bill 231 providing
for the appointment of additional
state’s attorneys in counties having
a population of more than thirty
five thousand.
Two Bills Introduced
Two delayed bills were introduced
by unanimous consent. One of these
takes the inspection of weightßßand
measures away.. from the present
state department with headquarters
(Continued on page 8.)
WINS sso*ooo '
I • 1
Lillian Horny, !*, of Cleveland,
didn’t need any lawyer whtn slm
limped into court. “Why cfw you
limp?” she was asked. “An auto
struck me and now I have a wooden
leg,” she answered. "Fifty thousand
dollar judgment in her favor,” said
the jury.
Results From Fact of Snow
Slide West of Spokane,
Weather Bureau Learns •
Rumors of another big torni
sweeping in from the west caused
scores of people to call the weather
bureau hero last night.
,'Tho .'Origin of the rumors were
traced to reports of a snow-slide be
tween Seattle and Spokane, which
held up trains in that section. O. W.
Roberts, weather observer said. There
was not a flake of snow falling be
tween Seattle and Bismarck this
morning, however, ho said, and the
forecast was for fair weather.
Reports received from various sec
tions of the Slope indicated that the
expected loss of cattle in the storm
may be minimized greatly through
warnings sent out in advance by the
weather bureau.
Alex McDonald of the Glencoe
country reported the sterni warning
was received, and those who heard
it use dthe telephone to spread the
news, so farmers got their cat
tle to cover. The same report was
received by the weather bureau from
the reservation.
While it is expected much cattle
perished, the loss will not be as
severe as anticipated.
Train service on the Northern Pa
cific westbound was fairly near nor
mal, it was reported by local N. P.
officials. There were 14 passenger
trains through Bismurck in 24 hour.,
from yesterday morning. There wu'e
no east-bound coast trains today,
however, it was reported, because of
the snow-slide between Seattle and
Spokane. No. 8 was expected in from
Glendive as usual.
Show Train Goes Through.
The special train bearing Freu i
tones company, “Tip* Top,” passed j
through Bismurck about midnight,!
going west. While reports had been!
received at 2 o’clock in the after-i
noon by Manager VeSperman that the j
show train would surely arrive in j
plenty of time for the show, about 5
o’clock telegrams were received say
ing the train could not get through
the traffic jam occasioned by other
trains being ahead of it. Some
trouble was caused in breaking
through a snow bank near Oriska» it
taking longer to clear up this condi
tion than railroad officials had ex
pected. About $3,000 paid in for the
auditorium show here was being re
funded to ticket purchasers last
night and today.
Coal Held Here.
The South Soo train came in today,
but a train was not sent out. A
snow plough was working out of
Drake yesterday to open up the
North Soo.
Fourteen cars, of jtoal in Bismarck,
shipped by .the Washburn Lignite
Coal company to South Dakota
points, were used .here to supply
dealers with coal during the storm,
period, the calls threatening to ex
haust the available supply. The
Washburn mine was idle because it
was unable to ship out coal. Ship
ments from other lignite mines on
branch lines west of the river also
are held up. j
Anthracite receipts in Vlorth Da
kota for the week ending January 20,
1923, were 427 tons.
Lignite shipments for the week
ending February 3, 1923, 22,255 tons*;
for the week ending January 27, 1923.,
25,228 tons. #
The Federal / Fuel Administrator
advises this Commission that it will
be practically impossible tio obtain
further shipments of anthracite and
urges that we entourage the use of
other fuels, the railroad commiseion
Fail to Locate Spot Where
Farmer Left Wife’s
Corpsi > in Snow
Mrs. Erickson of Minnewau
kan Caught in Storm and
Is Frozen to Death
Ja.'.'.c. town, N. I)., Feb. 16. Thir
ty searchers were out yesterday and
today looking for the hodv of Mrs
Jules Hagenson of the Spirit wood
ilistrict who was frozen in the Tues
day night snow storm as she and
her husband were returning home
from a dance, hut no traces have
yet been found. The search is being
continued. Mr. Ilagenson who was
badly frozen is reported to im
The search for t the body of Mrs.
Jules Hagenson which was left by
her husband in a snow hank yester
day was discontinued about noon to
day because of another driving bliz
zard raging in the Spiritwood di.s
Mr. Hagenson, who had his hands,
feet, and one side of his face badly
frozen is reported to be improving.
Minnewaukan, N. I)., Feb. 16. The
body of Mrs. C. B. Erickson, wife of
a farmer living near Maddock was
found late yesterday a mile from her
home where she had fallen exhausteo
in the blizzard late Tuesday, accord
ing to word received today.
Mrs. Erickson's death is the sec
ond reported in North Dakota due ti
the blizzard. Fourteen others due 10
the storm were reported in North
Dakota, three were frozen in South
Dakota and one in Minnesota. Niio*
were killed in fires, four near Pine
City, Minn., and four near Saskatche
wan, one man was struck by a train
near AAhby, Minn., and his frozen
hodv found the following day.
Mrs. Erickson started Tuesday aft
ernoon for the home of a neighbor
where her husband had been during
the day. It is believed that she
thought he was on his way home and
thought he would need assistance.
There were three children at
home, the oldest 7, the baby eight
months old died this morning us re
sult of suffering from cold, Mr.
Erickson returned home, Thursday
S. S. McDonald Charged with
Causing Girl to Violate
8 Hour Law
S. S. McDonald, member of tho
Workmen’s Compensation Bureau,
which is charged with enforcement
of the minimum hours for labor law
for women, was arrested last night
on a complaint sworn to before
State’s Attorney F. S. Allen charged
with violating the eight-hour law by
causing an employe to work over
The complaining'witness was Mrs.
Margaret Olson, who was stenograph
er at the bureau offices here.
The action followed swearing out
of warrants by M&Donald for the ai
rest of three local hotel or cafe pro
prietors charged with violating the
law, including E. G. Patterson, Fred
Bobb and Bougas Bi*>s.
There also was an echo of the
banquet recently served to Senator
elect Lynn J. Frazier at the .McKen
zie7 hotel in which Mr. McDonald was
a guest. Mr. Frazier was governor
when them inimum hour law was
signe. Some of the regular waitress
es assisted in serving the banquet,
there being such a crowd the hotel
management was unable to serve
them in any other manner.
State’s Attorney Allen said today
that several other warrants involving
the minimum hours of labor law
would be swprn out against local bus
iness places. He said Mr. McDonald
had presented 23 complaints against
the three places nameda bove, but that
after the matter \»as before him ami
the attorney general, one offense
against each was charged for the
purpose of trial.
Mr. McDonald flatly denied the
charge that he caused a stenographer
to work overtime In the bureau of
fices. -
Washington, Feb. 16. —President
Harding transplanted to congress to
day an estimate for an appropriation
tyr $20,950,000 to meet costs of the
battleships scrapping program agreed
upon at the Washington Arms confer
F & * r
Arthur Teague, Fairmount <(ia.)
contractor, shown here, says he'll be
the prohibition candidate for the
presidency of the I'niteil States in
the IK2-I election.
Misunderstanding Exists Re
garding Two Measures
Says Converse
An election ought to, in the ’.ast
analysis, decide the question of tax
levies, Tax Commissioner C. C. Con
verse said today in a statement is
sued to clear up “misunderstanding”
regarding the classification and tax
limitation bills before the legisla
ture. Mr. Converse’s statement fol
“Misapprehension evidently exists
in some quarters with reference to
bills which have been introduced
dealing with the subject of the clas
sification of property for tuxatMin
purposes and the limitation of Uic
rates of levy.
This misapprehension arises no
doubt from the fact that the com
mittees have before them a bill deal
ing with the subject of limitation
of levies and a separate bill which
proposes the reduction of the as
sessed valuation by assessing all
property at fifty percent of actual
value. These two bills were intro
duced by different members of the
legislature and each was drafted
without reference to the other. The
rates suggested in the limitation hill
afford a basis for discussion only in
case assessed valuation are to re
main at about the 1922 figures,
member of the tax committees en
tertains the idea of thus reducing
the assessed valuation and at the
same time recommending the rates
embodied in the limitation bill.
Plan of Committee
The plan of the committee mem
bers if first to determine upon a
policy with reference to classifica
tion and basis of assessment, and,
when that has been determined up
on, to take up the problem of chang
ing the present tax limitation laws
so as to adapt them to the new
basis. In so doing, they are pro
ceeding carefully, study all available
information, and considering the
problem from every angle.
“The feel that the mandate of the
voters is that they shall do what
may be done to reduce taxes, and
they realize that little can be done
in this direction unless economies
are practiced by local taking dis
tricts. Such economies will necessi
tate curtailment of programs. Oth
erwise there can be no appreciable
reduction of the tax burden. The
voters of each taxing district should
be consulted with reference to the
adoption or continuance of a pro
gram which entails burdensome tax
es. Heretofore voters have not been
advised of such matters until aftei
the levies have been made, at which
time protests would have been un
availing. It seems fairer and more
Sensible to provide that they shall
be consulted before excessive levies
can be made. Perhaps they will de
termine that certain parts of the
program are not worth what they
cost and should be dispensed with.
On the other hand, they may vote to
continue present expenditures, thus
acquiescing in the resulting high
Should Be Consulted
“One reason why the voters of in
dividual taxing districts should be
consulted lies in the fact that prob
lems and conditions vary so much in
different localities that it is not
possible -to devise a limitation law
which will fit them all. Therefore
the appropriate response to the de
mand for lower taxas is to devise an
effective tax limitation law, the
limits of which may be exceeded only
with the consent of those who will
have the taxes to pay. No other leg
islature within the memory of the
present generation has been con
fronted with so insistent a demand
that taxes be reduced. It cannot, by
any possibility, accomplish what is
expected of it along this line. It
cannot even make a fair showing pf
reducing taxes unless the policies
it adopts and the legislation it enacts
lead to a* curtailment of expenditures
of local taxing districts.”
Street and Cafe Quarrels
Among Soldiers Tend to In
crease Danger of Outbreak
Germans Whojtefuse to Serve
Invaders Will Have Their
Goods Confiscated
Essen, Feb. 16.—The com
plete taking over of the rail
road administratfon in Essen
by the occupying authorities
within the next few days is
expected in German quarters.
The Fran co-Belgium officials
Mould assume full technical
control of all railroad traffic
in the Ruhr. In addition to
the strike of the municipal
officials and the closing of the
schools and places of enter
tainment in Essen yesterday
as a move against the occu
pying forces, the restaurants
and cafes suspended business
for several hours.
General Fournier, French
commander, has notified Lord
Mayor Luther that the occu
pation forces had been au
thorized to help the'mselves in
public houses and shops if the
proprietor refused to serve
Two French soldiers were
wounded here last night b5 r
German security police who
interfered in a cafe alterca
tion. The tension which was
already high has been great
ly increased by the shooting.
Expected Funding Measure
Will be Passed Before
Body Adjourns Today
Washington, Feb. 16.—The senate
resumed its session on the British
debt funding bill today under an
agrement to limit debate after 'J
p. m., and vote even though a night
session were required. Leaders ex
pected a vote before night since tho
pasage of the measure has been con
ceded by its opponents.
The agreement confined each sena
tor speaking after 2 oclock to ten
minutes and provides on the inst
ance of Senator LaFollctte of Wis
consin that the chair shall not allow
of any other recognitions. The ar
rangement was offered late yester
day by Senator Robinson, Democrat,
of Arkansas, after earlier efforts to
bring about unanimous consent to
the agreement when the vote had
been hoicked by Senator Reed of
issouri, an opponent of the measure.
Personal Belongings, Clothes.
Supplies All Are Lost
In Fire
The storm dealt heavily with Wil
liam Small, pioneer farmer living
south of Bismarck, whose home was
burned down Tuesday night.
Not only was the SB,OOO home
destroyed, with not much insurance
to protect him, but he lost all his
seed corn which was in the attic of
the house; a year’s supply of flour
stored there, sugar and other provi
sions; 15 tons of coal which had just
been put in the basement; his best
harness which was in the basement
for repairs and oiling; all of the
bed clothing,‘personal belongings and
Mr. and Mrs. r Small barely escap
ed in scanty attire, and got to the
home of their brother, Irvin Small.
It wob a hard blow to the Smalls
to see. their ..house go, all their sav
ings of years and ( all of their per
sonal belongings, much of their
equipment for the coming yen*. Mr.
Small has been known as one of the
hardest working farmers in Ms dis
trict,' and by years of toil had
brought his place to a high state of
cultivation. * !
- , ' , rf. \t'

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