Grand Forks herald. [volume], November 08, 1921, Image 1

About Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955

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'4
E E N I N
EDITION
VOLUME 16.
4
Union Today.
fa 'f Many KIcctlons.
New York, Nov. 8.—This being ail
"off year" in state and national poli
tics, municipal contests feature the
annual fall elections being held
throughout the country today.
Only one state, Virginia,, is electing
a governor, the rival candidates be
ing State Senator E. Lee Trinklc,
Democrat, and Henry Ii. Anderson,
Republican. Trinkle's supporters pre
dict his election by a plurality of
50,000, while Anderson's headquarters
claim victory by 25,000. A heavy vote
is expected.
Several states are electing new leg
islatures in whole or in part. Ken
tucky elects 20 senators and 100 rep
resentatives in addition to circuit
judges and complete county liqkets.
The house there is now Republican by
a very small majority, while the
Democrats haveta majority of one in
the state senate. A bitter fight has
he£n waged fpr the contiol of the
Ktate legislative body, with the vote
hinging on the result in four "doubt
ful districts." Louisville elects a com
plete city ticket, with five parties of
fering can4Wates fp1' nearly all of-
s^fr' the "T^iheoln
Lndojjpridcn.ts.
New Comptroller.
.Maryland elects a new comptroller,
'Jy an entire-house 6f delegates airr''M'
of the 27 members of the senate.
N'ew Jersey elects a new assembly and
six state senators. The campaign
here was based on a "wet and dry"
iasud, the Republicans favoring a
strict enforc£ihent of the Van Ness
state prohibition act, while the Demo
crats generally favored its modiflca
tioK or repeal. The Democrats can
not possibly get control of the state
senate as 12 of the 15 holdover sena
tors are Republicans, a majority of
the full house of 21. They expect,
however, to get a majority in the
lower house and to elect enough can
didates to the senate to give them a
majority on joint ballqts which would
enable them to elect a Democrat as
state treasurer.
Chooses Assembly.
New York also chooses a new as
sembly, two state senators and an as
sociate judge of the court of appeals,
in addition tp voting on seven con
stitutional amendments, one of the
most bitterly contested being thai,
which gives world war veterans pref
erence in civil service appointments.
Mayoralty elections will be held in
more /than forty cities of the state.
The principal .nayoralty
•.
are in New York city. Detroit. Cleve-!
land, Cincinnati, Toledo. Albany. Buf
falo, Troy. Schenectady. Rochester
antf Syracuse.
Women Active.
Thief River tfallK, Minn., Nov. 8.—
Clear sky and zero weather greeted
voters at the city election today fol
lowing the hottest campaign ever
waged here, the issue having been the
lax law enforcement by the present
administration. Women were more
active than men the past two weeks,
with both sides claimj^ig victory.
Candidate is Prisoner.
Ijoilisvllle, Ky., Nov. W. Over
ton Harris, Democratic nominee for
mayor of LouiWville, started election
day with a ride from a leading hotel
to police headquarters in a patrol
wagon, a prisoner. With Mr. Harris
an the ride was Dr. Hv E. Mechling.
^Democratic nominee for sheriff of
3fefferson county, and nine other men.
Mr.\Harris was slated at police head
quarters
on
S
&
"i1
charges of disorderly con­
duct and with interfering with an
•'officer in the discharge of hie duty.
Dr. Methling was charged with dis
(.orderly conduct.
Late last night several policemen
"tinder Captain Ed Larkin went to the
hotel to arrest men against whom
they said tfiey had '•information'
that the men had been brought to this
city to intimidate voters today. Wil
liam Bosler, manager of the hotel,
remonstrated with the officers, it* is
said, and was placed under arrest..
Joseph Bosler and W. Ray Bosler,
employes at the hotel, also were. ar
rested.
The officers departed,'it is reported,
to get warrants. During their ab
sence witnesses say several detectivies
and plain clothesmeif surrounded the
hotel. Mr. Harris, according to a
statement issued by him last night,
said that after ho. had retired he was
informed that three Dfcmocratic
.vorkers had been arrested. He rose,
ii* said, and-called Mayor Smith and
asked
for protection, later going to
the hotel. Qfflpor Hazel, one of the
mitrolmen, he said, saw hini sitting
in the lobby and went to him, caught
him by the arm and Rustled him off
io a waiting patrol wagajn.j
\t police headquarters' James Dixon,
a Courier Journal reporter, who, had
been sent there to lnvpstigiite. was
arrested. He
waa charged with dis
orderly conduct, resisting an officer
and conspiring to defraud In election.
All of the men arrested were re
leased unden bond.
(Continued on Pa»e
f',
VOTING PRECINCT IS
'ITCHED BATTLE SOOf
AFTER POLLS OPEN EARLY TODAY
Several Persons Seriously Injured Special Train Is Sent
From Jackson Carrying Physicians To Care For The
/Tl Wounded Elections Being Held In Many States In
Jackson, Ky., Nov. 8.—Six men were killed and five others
were wounded in an election fight shortly after the polls opened
at Clayhole voting precinct oh Troublesome Crteek, Breathitt
County, about 15 miles from hire today.
•j$ The dead are:
One Governor.
Clevelahd Combs, 3» Leslie Combs, 37. Echern Allen, 35
G(eorgc Allen, 31. John Roberts, 30 George Mcintosh, 30,
The wounded are- William Barnett, 50 Ed Davis, 45 Will
IDctvis, 30 French Combs, 35 Tom Mcintosh, 30.
A special train has been sent from Jackson with physicians to
Attend the wounded.
How Fight Started.
The story of the affray as it reached ackson was to the effect that
|Zd Combs, an unclc of the Combs boys, and1 defeated Democratic
Candidate in the August primaries for county judge, was active ii.
ppport of the Republican nominee for the same office. Comb*, ic
was said, entered the polling place today^and attempted to give or
ders to the election officers. His relatives, according to the story,
remonstrated with him and out of the argument grew a figh: iii
which pistols -vere drawn and the shooting became general.
NEW GOVERNOR
CONFERS WITH
STATEBANKERS
Acks Co-operation in Solv
ing Problems Facing
Administration.
Fargo, -N. D., Nov. 8.—Conferring
in Fargo today with a group of prom
inent bankers, representative of all'
sections of the state, R. A. Nestos,
gfcyernor-elect, asked the assistance
of the financia^ leaders^f the state in
developirig'three specific lines of state
Wprk.
Three Lines.'
viUil an(l £OUIIS&1 of the bankers'
Ju -bringing about an Immediate
audit of ull state departments
an accounting of all funds an
analysts -pi' the condition of the
various industries, the audit to
be made as early as possible, and
with the least possible expense.
Secondly, he asked the advice
of the bankers' in formulating a
policy for the bank examiners
department, a department which
the governor-elect asserted was
without question the most im
portant of ail.
electlons rnent," said Mr.- Nestos before the
conference.
"It is absolutely essential to
welfare of the state, that we
NORTH DAKOTA'S-
Thirdly, he asked suggestions
concerning the carrying on of the
work of the Bank of North Da
kota, both with respect to the
thawing out of frozen public
funds,, and the continuance of
the farm land loan department
with cfliciency and to the end
that real results may be obtained
for the farmers.
The conference was held in the Assertions of Ulster
Gardner hotel, upon the joint
ULSTERCAB1NET
MEMBERS CALLED
TO CONFERENCE
Sinn Feiners Declare Devel
opments in Negotiations
Rest With Craig.
sug-|to
gestion of Mr. Nestos and the bank
ers.
Co-operation Needed.
"I feel that it is absolutely essen
tial that we have the whole hearted
co-operation of the financial interests
in this period of the state's develop-
the
everything possible to re-establish the
credit of the state and the people,
and in this work we must have the
co-operation 'of the bankers. It is
for the purpose of obtaining such co
operation that today's conference' is
being held."
LEGION WILL
ENTERTAIN FOCH
AT CLEVELAND
French General Informally
Entertained. Today
Plans to Rest.
the guest of the American Legion and
the city of Cleveland today and to
morrow. Today, Jiowever, was reserv
ed for. rest.
The reception upon his arrival from
Detroit this morning was strictly In
formal. He was met by a committee
of citizens and troop A of the Ohio
national guard and escorted to the
home of Parmely H^rrick, son of My
ron T. Herrlck, ambassador to France,
where he'«will, spend the day.
MCCH FRUIT SHIPPED.
Los Angeles, Nov. 8.-—"Two hundred
refrigerator cars of California prod
uce leave daily for eastern markets,
according to averages figured by rail
road officials here. Los "Angeles fur
nishes thirty cars dally.
Collins and Duffy May Con
fer With Lloyd George
After Ulster Meet.
London, Nov. 8.—Members of the
Ulster cabinet have been summoned
to London by their premier, Sir James
Craig, to consider proposals made by
the British government in connection
with the Irish peace negotiations and
Sir James Is to confer further with
Premier Lloyd George on Thursday
afternoon.
These developments, announced of
ficially are deemed here to indicate an
approaching climax in the discussion
of anjrish settlement. The situation
is frankly admitted in, official circles
to have reached a critical stage.
Success or failure of the peace ne
gotiations now' rests with Ulster, in
the^ opinion of Sinn Fein delegates,
here who declare that their proposals
to the British premier with respect to
Ulster are liberal enough to allow of a
settlement if Ulster chooses.
Due to Craig's Attitude.
The serious view taken in official
circles is said to be due to the stiff
attitude assumed 'by Sir James in his
conferences with Premier Lloyd
George. He is represented as signi
fying that the proposed basis of set
tlement submitted by the British pre
mier. would, in his opinion, seriously
'imperil Ulster's rights. Should this at
I titude be upheld by the Ulster cab
inet. and the government proposals
rejected, it is regarded as possible
that Mr. Lloyd George will carry out
his threat to tender his resignation as
prime minister. Everything, conse
quently is thought to hinge upon
Thursday's developments.
Leave for London.
Michael Collins and George Gavan
Duffy, members of the Sinn Fein dele
gation,
vWho
rWa-SSTrtKr-S *«•»•». it:-
THE WEATHER.'
Minnesota: Fair In northwest,
partly cloudy in cast and south
portions tonight and Wednes
day, with snow and ooldor in
southwest portion tonight ris
ing temperature Wednesday in
west and north portions.
KoMh Dakota: Generally fair
tonight and Wednesday ,,,-rislng
temperature.
have been in Dublin con­
ferring, With Eamonn DeValera,' left
for London last night, but Sinn Fein
headqu&tters her* declared, there
could be' no developments on their
side 'until after, the British and Ulster
tlyjir. conferences.'-
he rhembers-of 'the Ulster"cabftwt,
who will come to London will Include
John Milne Barbour.-the. Marquis of
Londonderry,' U. N. Andrews and' B.
A. Archdale. They will bo ade'om
paViied by "Thomas Moles, chairman of
the committees of the Ulster parlia
ment.
Sot Likely to Change.
Although the morning newspapers
generally recognize that the callingof
the XJlsterites. to London is a signifi
cant step which cannot fail to prb'dttce
important, developments, they do not
accept the view that it indicated a
further hardening of Ulster's attitude
or adds to the acuteness of the situa
tion. They point out that it has been
recognized fropi the start that Ulster
was not likely to moderate its own
point of vieW or meet suggestions of
compromise with alacrity.
Nor is it thought surprising by the
newspapers that Sir James refused to
assume the responsibility of acting
without first consulting his cabinet.
determination-
adhere to the provisions of the
home rule act of 1920 have been so
numerous and emphatic, they say,
that ready acceptance of the new pro
posals would occasion great surprise.
Meeting Held.
London, Nov. 8.—(By the Associ
ated Press.)—An important meeting
for consideration of phases of the
Irish question was held in Downing
street today, the participants being
do the majority of the government's ne
gotiators. Including Prime Minister
Lloyd George, Winston Churchill,
Austen Chamberlain, Lord Berken
head and Sir Gordon Hewart. It is
believed the meeting mainly con
cerned itself with the legal steps
necessary to fulfill, the government's
pledge to Ulster that the Ulster par
liament will ibe enabled to function
properly and be provided with funds.
Action along these lines, it is
pointed out, does nit seriously affect
the general negotiations for an Irish
settlement, for under .the govern
ment's plan Ulster would be left for
a local parliament with more power
than the present parliament has.
Desmond Fitzgerald of the Sinn
Fein delegation eald on behalf of
himself and his colleagues that they
were taking no part in the talk now
in progress between Sir' James Cralg,
the Ulster premier, and Mr. Lloyd
George and were merely waiting un
til the' British prime minister could
put to them a practical1 proposition
recognizing the unity of Ireland,
Belfast, Nov. 8.—Commenting on
the summoning to London of lha
Cleveland Nov. S.—MarahtU Ferdl'- OeorjS
following typical Belfast view of the
present Irish peace situation.'
"Dragging Ulster into the picture
is nbt an impulsive act it is the
essence of a careful, cunning plot
which Mr. Lloyd Georgft
make successful through the treach
ery of men calling themselves Union
ists. But the plot has not succeeded.
We are confident that, through the
courage and determination of Ulater
it will not only fail hut its authors will,
be driven from place-and power.,.
GOVERNOR PREUS
WANTS OBSERVANCE
.. OF ARMISTICE PAY
v}f S
mmmsmmmmmi
A''
St. /Paul, Minn., Nov. 8.—Th«L Ob
servance .of Artelstice day JJ*®
dignity and iwlemnlty ^efltting the
occasion with flags on all'public build
ings at half mast until noon la awced
in a proclamation Issued today by
Governor Preus.
Charles E.. Hughes, secretary of
state, telegraphed to Governor Preus
this morning, asking that .the gwar»,
nora of all states issue an AMilsqe*
day proclamation as r«con)mendea,,by
President Haidtng.
GRAND FORKS, N. TUESDAY, NOVEMBER, 8, 1921.
DISARMAMENT MEET
PUBLICITY SOUGHT
BY SEN. HARRISON
Washington, Not. 8.—Tho
American delegation to the arma
ment conference was requested in
a resolution offered by Senator
Harrison, Democrat, Mississippi
and adopted today by the senate,
to use Its Influence for the mak
ing public of the rccord of con
ference proceedings and for ad
mission of newspaper men to all
.meetings of the full conference.
The resolution was adopted
without a record vote after elim
ination at the suggestion of Sen
ator lodge of Massachusetts, Re
publican leader and one of the
American delegates. oT a clause
requesting the American dele
gates to work against any form of
censorship as applied to the con
ference.
The resolution recited hopes
for suoccss of the conference and
stated that the senate "believes
that the greatest publicity to
which, in reason, consideration of
the questions for which the con
ference is called, will admit, will
tend towards the succcss of the
conference.
MEANS TO END
MAIL ROBBERIES
ARETAKEN UP
Postmaster General Hays
Expected to Have An
nouncement to Make Soonv
Washington, Nov. 8.—Means of
bringing an end to the wave of postal
robberies throughout the country
were discussed today by President
Harding and his cabinet, and it was
indicated after the meeting that Post
master General Hays probably would
have a,'statement to make in the near
future on the subject.
Some Authorities Blamed.
The succession of robberies already
has received exhaustive study-by-post
office department officials and it is
understood that In some case3 local
postal authorities are not held entirely
blameless.
TAXREViSiDN
Measure Now Faces Third
Rewriting To President
Late in the Month.
Washington, Nov. 8.—The tax
vision bill now faces its third
writing, this time by the house
senate..
conferees.
re
re-
and
The 'measure finally was passed
early today by the senate, 38 to 24,
at the end of a continuous session
lasting nearly 16 hours. It will be
returned to the house when that body
reconvenes tomorrow and Republican
leaders there plan to send it to con
ference Thursday. It may reach the
president for his approval late in the
month.
At a rough estimate treasury ex
perts say the bill in its present form
would net approximately $3,250,000,
000, or $200,000,000 less than the
present law. and about the amount of
revenue which treasury officers have
said the government must have.
EventuaJly the bill, "the experts assert,
would reduce the nation's tax toll by
about $750,000,000 a year. While
they undoubtedly will make many
changes in the measure, the conferees
are not expected to materially alter
the total of revenue.
A bill to create a federal court of
internal revenue appeals, tq review
the rulings, as customs decisions are
reviewed, was introduced today by
Senator Pomerene, Democrat, Ohio,
who said there were over 4,400,000
tax appeals last year.
^Soldier Bonus Plan Falls Throngli.
'Washington. Nov. 7.—The senate
forth tonight in an effort to pass the
(Continued on page 10.)
Pershing To March
Entire Distance In
Funeral Procession
Waahington, Nov. 8.—General Per
shing will trudge afoot all the long
way from the capitol to Arlington na- prisoner was conducted
tlonal cemetery next Friday to pay
honor to America's unknown soldier.
The general declined today to serve
as grand marshal and ride at the
head of the funeral escort. As chief
of the American expeditionary forces.
General Pershing regards himself as a
mourner at the symbolic funeral and
he will walk /the five miles, taking his
place Ju?t after President Harding and
the cabinet members, but continuing
on foot with"'the column after the
president and the senators and repre
sentatives and supreme court mem
bers and others of the official group
of mourners turn aside at the White
House.
DI&» OF SHOCK.
St. Cloud, Minn., Nov. 8 —Henry P.
Reaser, '56, Great Northern brake
man., died of shock last night at
Montlcello fol'owing the loss of an
arm- received when he slipped and fell
between two cars. A family survives.
The remains of Julius Schmidt, also
Of this city and a Great Northern em
ploye, Who Was killed in the yards at
Barhesvllle Saturday evening, will be
burlpd today.
RESIGNS AS BARGK LINE HEAD.
Stir Louis, Mo., Nov. 8.—Colonel G.
B. Hurtiphrey today announced his
realgnation as manager ot operations
of the federal barge line on the Mis
sissippi river. His action, he ex
plained, followed the recent
BBli
an­
nouncement that Theodore Brent of
N«w Orleans would be pOntlnued as
federal manager of the service.
B.V1.
ARE KILLED IN ELECTION FIGHT
n.^
Al
GREATEST NEWSPAPER
ALLEGED GANG
OF ROBBERS
UNDER ARREST
••—•in"
Officials Believe They Have
Men Who Entered Many
N. D. Banks.
Fargo, N. D.. Nov. 8.—Capture of
five men near Hannaford by a posse
and interception of three others near
Casseltoi) Monday night is believed to
have ended the operations of a band
I of alleged robbers that has been prey
I ing on North Dakota banks, "postof
fices and general merchandise stores
I for the past year, according to Fred
Kraemer, sheriff of Cass county.
The band made' its headquarters In
Fargo, according to the sheriff, who
claims to have a complete program
of future operations planned by the
robbers, which Included the -holdup
of the First National Bank of Leeds,
N. D., and Kragnes State Bank of
Gragnes, Clay county, Minn.
The three men taken near Casselton
who gave their names as Robert Ben
ton and Joe Jergens of Fargk and AI
fred McElroy of Ozark, Ark., are held
in the Cass county jail. They are be
lieved to have been implicated in the
attempted robbery of the internal rev
enue office here about a week ago,
•vyhich was frustrated after a gun
fight with police officers.
The five men held at Coop.irstown
will be tauten to Devils Lake today
by Sheriff Elliott of- that place. They
said their names were Joe^Bell, Wil
liam Rigby, Edward Wilson. Albert
M. Smith and Arthur Smith. Bell was
suffering from a gunshot wound.
MANYBONDSARE
PUT ON MARKET
BY 13 STATES
Largest State Issue is $5,
000,000 For Highways in
Illinois.
Washington. Nov. 8.—Recent sales
of municipal bonds in 13 states, have
totaled over $60,000,000 and in addi
tion 134,000.000 of the securities have
been offered for sale, according to
statistics made public today by the
national employment conference...
itfditfetr $lt),000.0^ in state bonds .^m^town
have been sold and a like amount of- ,arly
ing $10,000,000 in bonds for the sol
dier relief 'bonus. Connecticut recently
disposed of $2,000,000 in bonds. The
rate of the state bonds was 4 per cent
for Illinois, 5 per cent for Connecti
cut, 5.5' for the soldiers' bonus of
Michgian and 5.75 for that state's
highway bonds.
A wider variance of rate was shown
in the municipal bonds. These ranged
from four per cent as in the Chicago
issue of $1,500,000 for park improve
ments, to seven per cent for the $1.
000,000 in school bonds -being offered
at Hibbing, Minn but the majority
be erected or extended by these
municipal bonds include highways.
schools, sewers, filtration plants, wa
ter works, hospitals, parks, forest pre
serves, bridges, lights, paving, court
houses, fire department and police de
partment equipment, streets and side
walks. beach improvements and me
morial play grounds.
Among the totals for 13 ..states of
municipal and township bonds re
cently sold or offered for sale were:
Wisconsin sold $8,671,000. offered
$681,000 Minnesota, sold $4,362,000,
offered $2,853,764.
LANDRU ON STAND
IN OWN BEHALF
4,
'V*
Versailles. Nov. S.—The trial of
Henri Desire Landru. the "bluebeard
of Gainbais." which was begun here
yesterday, with the selection of the
jury and the various formalities inci
dent to the procedure, was resumed
today with Landru himself on the
witness stand.
The direct examination of the
by the court,
which began questioning him regard
ing his connection with the disap
pearance of his eleven alleged victims
—ten women to whom he is said to
have promised marriage, and the son
of one of the women.
ADMIRAL BEATTY
VISITS ACADEMY
NOV. 8-Admiral
Annapolis, Md.. Nov. 8.—Admiral
Beatty. commander of the British I
grand fleet In the world war. today
visited the naval academy. He re
viewed "the midshlimen. inspected the
academic departments and was enter
tained at luncheon by the superin
tendent, Admiral Wilson.
Lord Beatty was accompanied by
lady Beauty, his staff and honorary
aide.
WILLIAM LLOYD
AND OTHERS TO
GET OUT ON BAIL
Springfield, in., Nov. 8.—Will
iam Brom Lloyd, and aeven oth
er mcmbera of the communist
labor party," "who wCre convicted
of plotting "reformation and.
overthrow of the government."
In September, lilt, were ordered
admitted ta ball by Justloo Car
eer of thr supreme court today.
,•,*
,4,
1
*n\r ii
W 7 i' .V7
I 3^. I
May Be Named.
Bismarck, N. D., Nov. 8.—There
has been a "conspiracy of silence"
upon the part of the officers of North
Dakota controlling the affairs of the
bank of North Dakota and other
fund?, Ormsby McHarg, attorney for
the taxpayers ih the so-called James
town case, declared before the su
preme court in the hearing today.
"Nobody knoWs In this state today
jusi what the conditions are. I have
pleaded to the best of my knowledge
as a taxpayer upon the best informa
tion I could secure from officers of
this state whose duty it is to give me
information." he said, "and I have
alleged that a conspiracy of silence
existed as to its affairs."
In detailing the motives which ani
mated the^'taxpayers-nn the- so-called
"ale. declared had not been handled in ac
These figures, it was explained in a
corciance with
r^err^d"part^-|
t0 the schQOl funds which
Lemke's Reply.
Attorney General William Lemke in
openlng
were per cent bonds ferred to Judge Coffey's affidavit as
Public works which it is hoped will
argument in the ca*e re-
indicating a
^518'AAA
..short memory" on the
indicating a "short memory"
part of the judge, declaring
Judge Coffey did not offer him such
a hearing.
th(?
declaring that
and .that the only question the court
should decide is the solvency or
of the Bank of North
E E N I N
EDITION
rt.
BOND SALE AND LEGAL
STATUS OF
N.D.ARE
New Action Attacking Sale Of Securities At Discount Filed
Monday In Burleigh County Court Supreme Tri
bunal Holds Hearing This Afternoon On Suit Initi-.
ated By Taxpayers Of Stutsman County Referee
Two cases calling in question the sale of state bonds to
Spitzer, Rorick and Co., by the Bank of North Dakota, and the
validity of the existence of the bank itself are now before the
courts of the state in Burleigh county
The first of these, the so-called "Jamestown Taxpayers
case," was being argued this afternoon in the state supreme
court under an order by that court to show cause why the dis
solution of Judge Coffey's injunction against the Bank of North
Dakota should not be made permanent.
The second action was instituted Monday by taxpayers of
the northwestern part of the state, and seeks to enjoin the Bank
of North Dakota from carrying out the alleged contract for the
sale of the bonds entered into with Spitzer, Rorick and Co.
In the first mentioned case a referee may be appointed by
the supreme court to determine the solvency or insolvency of
the Batik of North Dakota.
JAMESTOWN CASE
HEARD TODAY BY
SUPREME COURT
he
statement, were compiled in_ connec- been protected in that they had been I In the action, initiated by a grour
tion with studies made of the possi- piaced In the insolvent Bank rt North of northern North 7akota taxpayers
bility of hastening public works as a Dakota. Mr. McHarg declared the the following points are made*
measure of relieving the unemploy- pontiffs spoke for the school chil
ment situation. dren of this state, or, "if you please,
"The largest state bond sale," the
for the
statement said, "was Illinois, of $5,- erations of this state for whom these
000,000 for highways, Michigan of-j
fered $4,000,000 bonds, also for high- ....
ways, and $3,000,000 of these had
,udge Co,reys
been sold when the figures were com- I District Judge Coffey, in making
piled on October 31. his return to the court's order to show
Relief For Soldiers. I cause, declared that he had .told At-
The state of Michigan is'also offer- torney General Lemke that he could
have a hearing before the district
court on a motion by Lemke to quash
the action, and that the case was in- I
stead taken to the supreme court.
NEW ACTION WAS
FILED MONDAY IN
BURLEIGH COUNTY
Bismarck. N. D., Nov. 8.—The suit
filed in Burleigh'eounty district court
yesterday seeking to enjoin further
sale of state bonds, attacks the val
idity of the contract between the
Bank of North Dakota and Spitzer.
Rorick & Co.. a Toledo concern, for
disposal of the securities, according
tq the complaint in the action.
Speaking of Treasurer Steen's inter- Dakota, and the authority over it of
vening motion. Mr. Lemke declared tj,e state industrial commission, the
he was "at a loss to know which side complaint cites the law regarding the
Mr. Steen is on." issuance and sale of state bonds. The
Mr. Lemke declared the case should varjous sections of this law empower
have been brought in Burleigh county issuance
Referee Suggested.
A suggestion that the question of
the solvency or insolvency of the
Bank of North Dakota be referred to
Judge Coffey for hearing and decision
was made to the supreme court by
Mr. McHarg. Attorney General Lemke
suggested also that the question of
solvency be determined and that a
referee be named by the court to de- .
termine the matter at the conclusion
of the hearing.
WAR FINANCE
FUNDS BEING
DISTRIBUTED
AT A MM A DAI IC pang bonds of said state, real estate
Al AnilArULIO A/lV9nrMl 1 series, to the amount of $ 1.200,000.00,
rd
000
Advanced Dy *"°r-
poration Sent Out Today
to the Northwest.
Minneapolis, Nov. 8.—The federal
reserve bank of Minneapolis today
distributed to banks of. the northwest,
$519,000 in advances made by the war
finance corporation. The remittances
today consisted of five applications
from South Dukota. aggregating
$373,000 four applications from
North Dakota, amounting to $106,000,
and one from Minnesota for f40,000.
The disbursements are made by the
bank upon receipt of approved notes
and collateral covering the amount*
approved. by the war finance corpor
ation in Washington.
Washington. Nov. 8.—An agreement
to vote November 18 on the anti-beer
bill was reached (ormally by the sen
ate today with the measure's support
ers predicting Its enactment with a
large majority to spare.
HH]
NUMBER 253.
_L_^S
While refusing to issue a temporary
restmining order. Judge W. L.
Nuessle directed the industrial com
mission, against vrhpse members the
suit is filed, to show cause Novem
ber 9, why the contract with the To
ledo concern should not be set aside.
The industrial commission recently
contracted with Spitzer, Rorick & Co.
for the sale of abouf. 6.009.000 worth
at a 5
count U^OOO^of which "iridv
the law and had not Points in Complaint,
protection of the unborn gen-
funds mU8t be ke,,t
inviolate."
Statement.
F. E. McCurdy appeared for Treas
urer John Steen, asking that the case
be remanded to the district court for
trial on its merits. E. B. Cox ap
peared for Superintendent Minnie
Nielson and Secretary of State Thomas
Hall, who asked the supreme court
to vacate the injunction.
First, that the Bank of Xort-li
Dakota is not legally possessed
of state bonds it. lias undertaken
to deliver to Spitzer, Rorick
Co.
Second. tluM tlie industrial
commission is without authority
to sell the bonds at leas than par.
Third, tliat the bond contract
is illegal, because attempts are
being made to sell the bonds at
less t-luui par. whereas the state
law provides that the industrial
commission shall sell the bonds
for cash at not less than par.
That any transfer of the bonds
from the industrial commission
to the Bank of Xorth Dakota is
a mere subterfuge Intended as an
evasion of the law, and not bind
ing upon the state.
Plaintiffs in the action are Alex.
Currie of Cando, Norman Morrison
of Rock Lake, Joseph M. Kelly of
Devils Lake. Charles Peyerson. A. J.
Gronna of Lakota. D. K. Brightbill of
Cando. John Thelin and C. H. Olson.
After setting forth the preliminary
facts regarding the Bank of North
0f
in-
Da-
solvency
kota.
Mr. McHarg declared that the bank
was insolvent and should be closod up.
hi
ft
0 whIch aIread
bonds in the following
Mill and Elevator Series, not ex
ceeding $5,000,000.
Heal Kstate Series, not exceeding:
$10,000,000.
Home Building Series, not exceed
ing $2,000,000.
In each case, the complaint sets
forth, th.e law provides that:
"The said industrial commis
sion is empowered, authorized and
directed to act ns the agent of
the state for the negotiation, sale
and delivery of such bonds, and
shall sell them for cash at not
less than par value.'*
The allaged contr-ict entered Into by
letter between F\ W. Cathro, mana
ger of the' Bank of North Dakota, and
Spitzer, Rorick & Co.. is tjien quoted
in full, and the affidavit then con
tinues with the following allegations
on the part of the petitioners:
"That the defendant Cathro as
I manager of said bank, and the de
fendants. Lynn J. Frazier, Williams
Lemke and John N. Hagan, aa mem
I bers of said Industrial Commission,
claim to have already sold and de
livered to said Spitzer, Rorick & Com-
and they
threaten and
threaten and intend to. and.
unless restrained and enjoined there
from -by. this court, wil^ sell and de
liver to said Spltser. Rorick & Coni
pany, exclusively, all the other bonds
of said state mentioned in said corre
spondence, at the price and on the
terms in said letter and riders men
tioned in so far as said Spitzer, Rorick
& Company may be willing to pur
chase the same.
Transaction X'nlawful.
"Thai the whole transaction at
tempted to be effected by* said corre
spondence is unlawful and In violation
of express limitation imposed by. law
on the powers and authority of said
industrial Commission and said bank
and of said Cathro aa manager ot said
bank, and of all other agencies af the
State of North Dakota for the sale af
its bonds, of all which illegality.
violation ot express provision* of law
and excess of authority elkch of said
defendants and the said A. R. Poster
and the aatd Spitser, Rorick 4b Ca
had full and actual know!
edit and
1
•*4*
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