davidaulloa/AmericanStories huggingface dataset:
The Coconino sun., 1925-01-23
Article XXI
POWERS OF STOCKHOLDERS

AND DIRECTORS:
Both stockholders and directors
shall have power, if the bylaws 50
provide, to hold their meetings, and
to have one or more offices within
or without the State of Delaware, in
addition to the principal office in
Delaware, and to keep the books of
this corporation (subiect to the pro-
visions of the statutes), outside Of
the State of Delaware at such places
as may be from time to time desig
mated by the Board of Directors.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
P0MP MARKS
' ELEV VATI0N
OF PRELATE
McNichOlas Induced as Arch
bishop of Cincinnati in
Medieval Ceremony

Cincinnati. Aug.l l2.-P)-Thc
Most Rev. John Timothy McNicholas
was induced as archbiship Of Gin
cinnati today with all the ceremOnie:
pomp and medieval splendor Sc,
apart by the Roman Catholic churcf
for services Of this character.
The ceremonies were held ut st
Peters cathedral. with high digni
taries Of the church and priests from
many sections Of the country par
ticipating.
Cardinal Muudeiein Of Chicago
attired in vestments Of white anc
gold hand woven brocade. and assist
ed by priests attired in similar re-
gala. was the installing prelate.
Archbiship Bowling Of st. Pau
delivered the installation sermon.
Right Rev. Joseph Pinten, BishOr
of Superior, Wisconsin, attired il
the white and gold chasuble sang
the solemn pontifical high mass
which preceded the induction Of the
archbishop into office as head OF
the Cincinnati archdiocese.
Preceding the ceremonies at The
church Archbishop McNichOlas, Car
dinal Mundelein and the other pre-
lates were met at st. Louis church
by the clergy and representatives 0,
various Catholic organizations.
They were escorted to St. Peter:
cathedral in a procession which in
cluded Knights of st. John in full
regalia, cross-bearer, acolytes. mem
bers Of the clergy, consultors, bish
ops, fourth degree Knights Of Co
lumbus. Catholic Knights of Ameri
ca; Catholic Knights Of Ohio, Catho
lie Order of Foresters and othel
Catholic organizations,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
SEIZE GULF
RUM STOCKS
Liquor Worth $1,5OO,OOO
Taken in New Orleans
Raids

New Orleans, Aug. l2.-tP)-New
Orleans is the "sore spot" on the
prohibition enforcement department $
list of cities where bootlegging and
traffic in contraband liquor form a
problem, E L. Yellowley. National
chief of prohibition agents said here
today. discussing the campaign un-
dertaken here by force of 200 fed
eral raiders.
"New Orleans is the worst wet
spot in the country today" said Mr..
Yellowley, land Desfoit comes next
We are going to try to stop the
flow of liquor into the United States
through New Orleans within 30
days"
In a series of surprise raids be-
ginning early yesterday, the army of
dry agents combed the gulf coast as
far as Biloxi, Miss. and filled store
rooms of the federal building with
truckloads of liquor ranging from
the finest imported brands to moon
shine.
More than s1,5OO,OOO worth of
whiskey, wines, Brandy COrdials and
alcohol were confiscated, following
the seizures. Cabarets of the French
quarter, usually the hub of New Or
leans night life, were deserted.
Newspaper investigators reported
prices of intoxicants soaring.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
LEWIS FIRM
ASHARDCOAL
STRIKE NEARS
Will Demand Government In.
tervention Recognize Jack
SOnvil!e Protocol
WILL NOT YIELD
Anthracite Miners Demand
Joint Consideration With
BituminOus Workers
WILL NOT YIELD

Atlantic City, N. j., Aug. lo.-L0
1t was learned today from an au
thor.ty high in the miners confidence
tina. the present policy OF the United
Mine Workers of America is to de-
mand that any government intervcn
ticn in the hard coal industry take
into account the reestablishment Of
the jacksonville agreement in soft
coal.'
From now on, it was said, wage
contract conditions affecting 5000
hard coal miners and 100000 soft
coal miners must be considered joint
ly by an anthracite mediator to gain
coope Grafton from the miners union.
Anthracite operators recently as
serted belief that the key to the
unions strategy this summer was a
determination to win redress of al
legged wrongs in soft coal .ield
through hard coal pressure upon pub
lie authorities.
The United Mine Workers deny
this. But they now assume. it was
stated definitely, that the breaking
off Of anthracite scale negotiations
August 4. last, releases them from
their pledge to the anthracite oper-
! ators to keep hard coal and soft coal
problems divorced.
Anv Intervention now. it was said.
which would seek to heal this break,
and thus avert or shorten a costly
| anthracite suspension should also
| take cognizance Of wage cutting and
| reputation Of the Jacksonville con-
tract. as alleged in union bituminous
! coal territory by President John L.
I! Lewis and his associates.
, What the alternative to rejection
! Of the unions condition would be has
not been ascertained. Conditions in
the coal industry were described rs
| in a state of flux so that policy
definitely adopted by the union now
could conceivably be changed if con
dintions changed later. The chances
however, were said to be against
that.
i Meanwhile. no official indication
has been made here as to what has
| President Lewis at the tri-district
anthracite convention in Scranton
gave this warning:
"The jacksonville agreement has
been impaired and ! am calling the
attention of the government and Of
the American people today to this
fact. ! have cited the instances and
| ! have named the names Of the men
responsible for this action, and if
| this situation continues it may be
necessary. later on, to authorize d
national shutdown of the mines Of
this country while the government
and the coal operators and the rep
resentatives of the mine workers dis
cuss the question whether the Jack
sonville agreement is going to be
carried out"
That the situation continued" un-
til as late as two weeks ago in the
opinion Of the United Mine Workers
was revealed when Van A. Bittner
chief union organizer in West Vir-
einia. repeated Mr.. Lewis warning
Mr.. Bittner conveyed this threat in
kilograms to Secretary of Commerce
Herbert Hoover and Secretary of
Labor James J. Davies. He asked
both of them to take some official
stand condemning what he consider
ed scuttling of the Jacksonville
agreement on the part of certain
large soft coal corporations.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12

FIRST AIR MAIL ARRIVES HERE:
S0RLIERlDES WITH EXPEDITION
TOJAMEST0WN ON PIONEER TRIP
Executive Welcomes Mail Flyers Pathindng Trip
Through Northwest; Trio Arrives in
Bismarck from MinOt

The convoy of three mail planes from the Twin Cities
with Gov. A. G.. Sore passenger the first air trip
of his arrived in Jamestown today schedule The
expedition reached jamestown at 9:O2 a m.
Governor Sore left the party TO be guest OF Dr. A. W.
Guest superintendent of the state asylum, at luncheon.
The mail planes hoped off shortly before for Aber
deem, S. d.
North Dakota passenger hoped off here shortly be-
fore o'clock this morning for flight to Jamestown
They the machines of the Twin Cities aerial pioneers
who touring North and South Dakota, Minnesota and
Wisconsin develop interest in the proposed ChcagoTwn
Cities aerial mail route
1t the first time Gov. Sore had flown but be-
fore leaving he expressed the belief that he would the
experience and that he intended to have arane of his
which he would fly himself "as Henry Ford
begins making them in commercial quantities.
The invitation issued by the Twin Cities group and
accepted by the during the of dinner and
reception which the iers guests last night.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
FRATERNAL MEET
OPENS IN DULUTH

Duluth, Minn.. Aug. 12.-CR-The
national fraternal congress of Amer
lea buckled down to work this morn
ing after formal opening memorial
services and miscellaneous reports
Tuesday.
Today's sessions opened at $3.50
a. M, with the report of the COM
mittee on credentials made by w. E.
Futch, national secretary, who also
submitted the report of commission
on statuary legislation which cover
ed several moves during the past
year to prevent enactment Of legis-
lation in several states which will
be adverse of fraternal organization
and recommendation for change
in the fraternal insurance laws of
Massachusetts,.
Mrs. Dora Alexander Talley, Wood
mems Circle, Omaha, Nebr., chair
man Of committee on state of the
order, made a voluminous report.
George Dyer of Boston spoke on
the history, future and statistics
Of fraternal insurance bodies
this morning. Other speakers this
morning and their topics were:
Thomas L. Mccullough. chairman of
the committee on legal cooperation;
Arthur w. Fulton. "An Outerown
Code; Mrs. Frances Buell. Olson.
who made the report of the commit
tee of ethics and Walter Bayes, ed
itor Of "The Fraternal Age" and
Mrs. Elizabeth NJ. Monen, publisftV
chairDo. 1s,.4
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12

they sometimes collected more in
insurance than they would have re-
ceived from a good crop. One case
is on record where a farmer insured
his crop for $40 an acre and suffer
ed a total loss by hail. He collected
the entire sum with no harvesting
or other charges to be made against
it.
No "Moral Hazard"
Although there is presumably no
"moral hazard" in hail insurance.
since hail is an act of nature and
cannot be caused by man, the pri-
vate hail insurance companies have
adopted the limit Of total liability in
order to protect themselves against
hail damage spectators and to facil-
itate the settlement of claims. Where
the insurance is heavy the percent
age Of damage awarded often means
a large amount in dollars and cents
when computed on big acreage and
difficulty is experienced in making
settlement.
In selling fire insurance, where
the "moral hazard" is heavy it is the
usual practice for companies to di-
vide the risk, if it is a heavy one,
and to limit the total liability be-
cause of the fact that persons with
over-insured property might set fire
to it to collect the insurance. That,
he said, is what he means by the
term '1loral hazard"
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
TRUSTY SAVES
GUARD'SLlFE
IN OUTBREAK
Prisoner Attacks Guard With
Butcher Knife. Driven
off by Convict
ESCAPE PLOT FAILS
Bank RObber Held in Well
planned Attempt to
Scale Prison Walls

f. T.. Tetswor,h, Il tcusty serving
penitentiary, saved the life Of John
McLoughlin, prison GU: rd, and pre-
vented an escape Sunday night
when William Rigby, Devils Lake
bank robber, attacked the guard with
a butcher knife in the hosoital ward
Of the penitentiary, it was revealed
by Warden John Lee.
Rigby, serving a sentence Of II
years. was returned to prison last
week following confinement in To-
cal hospital for heart trouble. Late
Sunday night the prisoner feigned a
heart attack, and was removed to the
hospital ward under the eye of Nc
Loughlin.
He obtained butcher knife and
an ice pick in the hospital kitchen.
leading off the ward, and assaulted
Mclaughlin. The struggle in } ed
several minutes when the guards
cries for aid were answered by Tets
worth, whose quarters are directly
above the hospital ward.
Tetsworth, at the risk of his own
life. advanced on the bank robber.
Seizing chair, Tetsworth put the
TODDeI " llIRHl WHcu .hSLouShi''i IL
nearly gave in from exhaustion.
The fugitive. whose attempted get
away had been carefully planned,
escaped into the prison yard where
he tried to scale the dollhouse wall,
the point of several attempted es-
capes.
tower guard. Edwin VALLEY.
halted Rigby's flight by four rifle
shots. The bank rObber. who is in
Il state of collapse, following the
attempted out break. figured in an
attempted escape in November of
last year in company with two other
convicts.
Warden Lee, who was absent in
Minneapolis when the outbreak oc-
Cured, returned to Bismarck late
yesterday and gave out details Of the
plot. He paid high tribute to the
heroism Of Tetsworth and comment
ed on the efficiency Of men on duty
at the time.
Deputy Warden Zen Whaley was
in charge during Lees absence. &. X.
Osjord, chief keeper, also had Il part
in quelling the outbreak.
Rigby'S adventure was one OF few
attempts to scale the prison wall in
recent years. No escape has sue
ceedei over the wall since January,
1906. Warden Lee stated.
Te:SUorth is serving u sentence OF
one year for obtaining property un-
der false pretenses. He is married
and has 4 family.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
MRS. DINNIE
DEAD AT FORKS

Grand Forks, N. D., Aug. 12.-(R-
Funeral services for Mrs. ]. A. Din
ME, who died here early Tuesday
morning will be held Thursday aft
ernoon at St. Paul's Episcopal
church. Rev. Jonathan Watts on
former rector of St. Paul's church
now of Denver, Colo, will officiate.
Mrs. Dinnie was born June 1, 1870
at Medford, Ont. She was the daugh-
ter of Mr.. and Mrs. George Road.
house. With her parents she came
to North Dakota about 40 years ago
living first on q farm in Pembina
county, and later removing to Grand
Forks.
She was married to James A. Din
ME in 1889. The couple had one
daughter, Vivian. now Mrs. Ralph
Danforth of Chicago. Mrs. Dinnie
was prominent in the work of St.
Paul's Episcopal church.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
.S0RLIEN IS
RUNNER-UPI IN
FARGOT0URNEY
Local Golfer Matched With
Barrett, Devils Lake. in
TGday's Semi-finals

Fargo. N. d., Aug. l2-LR The
second round OF the North Dakota
state golf tournament opened this
morning with several Of the stellar
performers pitted against each other.
The elimination yesterday Of DR.. L.
W. Pote,' winner of last years title,
upset the dope, but today's matche 5
will 60 a long way toward giving i
line OF the winner.
Twenty-Five women started out ut
$3.50 a. m. on the qualifying round
for the women's champi onship.
Feature matches in the mems con-
test today are Nierling of Jane stown
VS.. Anderson of Grand Forks. both
strong contenders; Chestnut Of Far
60 VS.. Richardson Of Fargo, the lat
ter conqueror of Pote; Barrett of
Devils Lake VS.. Sorlien of Bismarck,
two foremost dangerous players in
the events; Murphy of Grand Forks
VS.. Harry Wooledge of Fargo; and
John Martin VS.. Robert Barnard,
both Of Fargo.
Fargo, N. D., Aug. l2.-LF--Seth
Richardson Of Fargo, conqueror yes
terday of DR.. r. w. Pote, last years
state champion, was himself turned
back today in his quest for the title
when he ran into William P. Chest
nut of Fargo. comparatively new
player, who defeated him, 3 and 2,
in the state golf tournament here.
They made the turn with Richardson
three up. In the timbered nine,
however, Richardson ran into diff
ficulty and his margin quickly dis
appeared.
Thomas Hull, medalist Of this
years tournament. came safely
through the schedule round by de-
feating Norman Thompson of Fargo,
four and three.
Dell Owens went down before B.
Critchfield, six and five, while Bert
Nierling of jamestown, runner-up
last year, had to bow to Ray Ander-
son, the youthful Grand Forks ma
shie wielder, 6 and 5.
Father Ramsbottom went to the
third round on default from L. L.
Twichell of Fargo.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
PRIVATE HAIL POLICIES Limit STATE
HAIL LIABILITY, COMMISSIONER RULES
Osness Holds Persons Who Insure With Private Concerns
Cannot Collect Full Liability

Persons who insure their crops
against hail damage with private
companies in addition to the state
hail insurance are limited in col
lecting damages by the provisions in
the policies issued by the private
companies, Superintendent of Insur-
ance S. A. Olsness held in connec-
tion with case brought to his at
tention by a man at Thunderhawk,
South Dakota, who had insured his
North Dakota holdings against hail.
Case in Point
In the case in question the policy
issued by the private company speci-
fled that the total insurance should
not be more than $24 an acre. When
q total loss was sustained the state
paid 81 an acre in accordance with
its policy and the private insurance
company offered SIT per acre in
settlement Of it's share, pointing to
the clause in its policy which limit
ed the total liability to $24 an acre.
Olsness held that such action on
the part of the insurance company
was legal provided it refunded the
premium paid on the excess amount.
Heavy Insurance
One of the effects of the action
of private companies, Olsness said,
farmers have sometimes insured their
crops for heavy amounts in the
hope that they will suffer q heavy
loss. II their hopes are sustained
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
12AREDEADIN
DUTCH CYCLONE
Tornado WreakS Havoc in
Holland and Northern
Germany

London, Aug. l2.-LP-The tor
nado which swept through eastern
Holland Monday night. with the loss
of twelve lives. estimated destruction
of several towns, continued into
Northern Germany yesterday.
Meagre reports indicate further
destruction was wrought to villages
and farms in this sparsely populated
district. Wetersen, Is miles north
west Altoona, Schleswig Holstein, is
reported to have been almost COM
pletely demolished.
The storm continued to the neigh
borhoods of Hamburg. Bremen and
Lubeck, causing heavy property loss
Two persons were killed at Neuen-
deich by flying tiles from roofs. No
more deaths are reported from Ger
many. although several hundred per
sons were injured by falling debris.
The injured in Holland now num-
ber four hundred and the homeless
more than 1000.
Heavy damage is reported from the
towns Of Didam. Doetinchem. Olden-
zaal, Henge!o, Iceland, Zwolle and
Hangelow.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
SLATE HEARINGS
FOR RAIL BOARD

Three hearings on public utility
matters are scheduled for tomorrow
by the state railroad board and one
for Friday.
One of the eases scheduled for to-
morrow is that in which citizens Of
Fredonia ask that the 500 line be
required to build a cement walk from
the railroad station to the village
crossing. In other cases citizens of
Glendale are asking that flatirons
and other household heating appli-
ances be placed on an electric heat
ing rate and that the utility company
be denied the right TO demand re-
funds for steam heat service costs
Fridays hearing will be at Napo-
leon, where citizens are asking the
commission to fix rates for electric
service.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
WEEKS HEALTH
SHATTERED TO
QUIT CABINET
Mention Hilles and Davis as
Possible Nominees for
Vacant Cabinet Post

Swampscott. Mass, Aug. 12--tP -
The visit of Secretary of War Weeks
at White Court has strengthened
the belief that he will never return
TO the cabinet.
Presiden: Coolidge intimated as
much yesterday after the secretary.
leaving his residence alone for the
first time since stricken seriously
i'll last spring had talked with him
for half an hour. Mr.. Weeks de-
clarcd that his return TO Washingt on
hinged Oh complete recovery Of his
health.
Several possible successors have
been mentioned, among them Chas.
ID. Hilles, Republican National COM
mitteeman of New York and Dwight
Davis of Missouri, now acting sec
retary of war. Mr.. Weeks declined
to discuss what he said to Pres sident
Coolidge regarding the resignation.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
Reject FIRST
DEBT PROPOSAL
BY BELGIANS

Washington. Aug. l2.-(P)-With
the first proposal of Belgium found
unacceptable to the United States,
1he commi( sions representing the
two countries were determined today
to nress forward their efforts to
reach basis upon which the Belgian
war debt may be funded.
The proposition made Yesterday by
the visitors and rejected by the
Americans forms the starting point
from which the discussion Of terms
will proceed. Some members Of the
American commission expressed the
opinion that the negotiations might
be concluded this week.
Officials said it was not to be ex-
pected that the first offer of set
Element would be agreed to. calling
to attention that the initial offer
by Great Britain likewise had been
found unacceptable.
The terms which the visitors pre-
sented were not disclosed.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
COURT RULES
new TRIALIN
PELLET CASE
Supreme Court RCvcrSeS CaSs
County Action in Grand
Larceny Trial
DECIDE BANK TAX
Tribunal Holds Law Cannot
BE Made Retroactive by
Referendum Vote
DECIDE BANK TAX

The supreme court today remand
ed for new trial in the CasS coun-
ty district court the case Of Ira Pei
let, convicted of grand larceny.
The reversal OF the lower court
was based on pre- judicial error at
the trial when the court refused to
permit broad cross examination of
A. X. Taute. confessed accomplice
WI" Pell", and Barney Gavin in tha
theft of an automobile. The
court held that the trial court had
no right to exclude testimony which
might disclose bias by the witness
testifying for the state.
held tina, banks which refused to pay
voluntarily state tax on capital
STOCK, following the failure of the
legislatures OF 1917 and 1919 to levy
such a tax. cannot be made to do 50
by retroactive Legislative enact
ment, regardless Of whether or not
such legislation is approved bv the
people under the initiative and ref
tuition. The decision rendered in
valid a legislative act Of 1923 which
sought to construe the then existing
Ia" 10 permit tHe SoiAeSt!oh vi SuSi
taxes.
Construction OF statutes is ju-
dicial and not Legislative function.
the court held. and pointed out that
an attempt by the Legislature to
place certain meaning on words
used by prior legislature contrary
to the ordinary meaning Of those
words is not binding Oh the courts.
The case in question was one in
which l.. X. Baird, receiver for the
state bank Of Flaxton, refused to
pay u state tax when it was demand
ed by the county commissioners Of
Burke county and the state tax COM
mission under the authority Of the
retroactive law passed by the legis-
lature to enable the collection of
capital stock taxes for the wears
from 1917 to 1929 when no such tax
existed.
An appeal was filed todav by
GLADYS BARLEY against the decision
of the Ransom county district court
which set aside the appraisal Of
certain property awarded to her in
her husbands will. at the request
Of the Farmers State Bank Of Buttz-
Vile. The appellant held that her
rights under the homestead law were
not interfered with and that the Or
iginal appraisal which set the prop
erty aside for her should be allowed
to stand
F.. +. Bailey and r. W. Sether ap-
pealed from decision of the Bur-
leigh county circuit court in which
the First National Bank Of lie Sueur
was awarded judgment on a prom
issory note for $4,000. The appel
lants contend that the note was Civ
en- by them to Minneapolis grain
brokerage house as an acknowledg-
! ment Of debt on an open book ac-
count under credit arrangement
! and that its sale to the bank by the
Minneapolis firm was breach of
verbal contract.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-12
PROMISE THRILLS
IN SCOTT DIVORCE

Alpena, Mich, Aug. l2.-LR)-Mrs.
Edna Scott returned to the stand to-
day with chance to make good her
recent promise that she would pro-
vide "plenty Of thrills" in her fight
on Congressman Frank l. Scott's di-
vorce bill.
Circuit Judge Frank D. limerick
yesterday adjourned court after Mrs.
Scott testified that her husband had
hurled profane epithets at her dur
ing recess of the hearing last Jam
uary.
She also denied, tearfully, the use
of unbecoming language with her
husband the night Of their separa-
tion in Washintong. Offers Of recu.-
ciliation which crept into the record
during the reading Of depositions
yesterday were received with tilted
change by Mrs. Scott and with a
blank stare by the congressman.