The Bismarck Tribune Newspaper, November 22, 1916, Page 1

. s is State’s Attorney W. The. Weather. Partly Cloudy. tight THIRTY-SIXTH YEAR, NO. 282 ASSOCIATED PRESS : ADAMSON BILL TOWIH COURT Judge Hook at Knocks Out Wilson’s Pet Measure 2ASE TO BE APPEALED TO SUPREME TRIBUNAL Decision Merely Expedited, Move- ment to Get Final Ruling on Issue Kansas City, Nov. 22.—Judge Wal- Tace Hook in federal court here today held that the Adamson eight-hour bill is unconstitutional and invalid. He refused to pass on an _ application made by receivers of the Missouri and Gulf railway that injunction against the Adamson law be dismissed. Fed- eral attorneys expect to take the case to the supreme court at once and test the validity, of the act there. Judge Hook’s decision asserts that this is ‘an independent suit to enjoin the enforcement of the recent act of congress, commonly known as_ the Adamson law. He bases his opinion on the ground that it is cpntrary to the constitution and in character typi- “TD GOLD BRICK; |... Kansas _ City]. cal to the number recently filed through the United States question- ing the constitutionality of the law. The court then informed. that the other cases stand now .on application efor a temporary injunction. The ap- peal from the final order for the in- junctions goes direct to the United States supreme court. There ques- tions will be definitely settled for the _entire country, The assistance of this court is necessary to facilitate the final and the authoritative determina- tion of the constitutionality question. The case was presented yesterday and the decision was handed dowy, to- day, it being far from.,an. agreeable. duty for a judge to’ record. a judicial conclusion without care and deliber; + ation! and upon consideration of the Adamson law arid its, practical effect, this court’s judgment. construes. it cannot be sustained. MOTHER'S PENSION ACT TO BE TESTED IN SUPREME COURT Appeal Will Be Taken From Cass County Decision Holding Law Constitutional STATE’S ATTORNEY WANTS SUPREME COURT FINDING ‘Fargo, N. D., Nov. 22:North Dako- ta’s mothers’ pension act: will be test- ed in the supreme court, an appeal from the Cass county decision holding such law constitutional, being deter- mined upon today by Cass county offi- cials. Holds Law Constitutional. In a recent decision, Judge A. G. Hanson of Cass county held that the legislature had not exceeded its pow- er in establishing mothers’ pensions, and that in conferring the power of fixing pensions on the county judge, it not given to that official duties in- consistent with its office. County Takes Opposite Veiw. Cass county, resisting the payment of a pension to a Casselton woman— the mother of five children, who would come within the provisions of the act —holds that the legislative enactment is not constituitonal because it gives the county judge a judicial power that the constitution didn’t intend should be conveyed upon him. Want Supreme Court Finding. In ordering the appeal of the case, A. W. Fowler and his assistant, Wm. Green, are carrying ov: the desires of the coun- ty commission, who seek a supreme court finding to make valid any ex- penditures that might be made for pensions, being unwilling to assume responsibility and later face the pos- sibilty of having to reimburse the county out of their own funds for il- legal expenditures. DENVER BELIEVES IT ' HAS PUT BOOTLEGGERS OUT OF GAME FOREVER Denver, Colo., Nov. 22.—Attorneys think a new ordinance, passed last night, will end forever the bootleg- ing which has been prevalent here since Colorado went dry. HONTIAA IS MADE DRY AT LOW COST Mont, Nov, Nor 22.—Less than was expend eae state Reel which con- ducted the campaign for prohibition in‘Montana to put the state in the dry ranks, according to campaign expense reports on file today with the secre- tary of state. The Anti-saloon league expended $2,623.49 and the Woman’s Christian Temperance Union of Montana spent $5,941.17. - The Dry Montana league of Lewis: town and Fergus county spent $2,- 234.01 in that section for prohibition, while the Fergus County W. C. T. U. and Woman’s club spent a total of $180.17. NOTHING OOING ON APPOINTMENTS STATES FRAZIER New Governor Either Has Not | Made Up Mind or Doesn't Want to Talk HOPES TO SEE CIVIL SERVICE MADE FACT A great -wave of silence descended on Bismarck from Hoople yesterday, when the Hon. Lynn J. Frazier, gov- ernor-elect of North Dakota, quietly drifted into the Capital City. The new governor was known prior to his election as a reserved man of few words. Since his election, he has gone on a conversation strike, and it is an able linguist, indeed, who suc- ceeds in extracting from the chief ex ecutive-to-be more than a few mono- syllables. Isn’t Here For Budget. “’'m not here in connection with the budget for the next two years— that was a mistake,” said ‘Mr. Frazier this morning, in-discussing the object of his visit. “No, my business here will not. cohcern the public; it is of a private-nature.” Nothing on Apppointments. ' “Have you anything to announce on the subject’ of appointments?” the governor wag asked: “Nothing; absolutely nothing!” Fra- zier declared, andhe, had all the ap- pearance of a man to whom the sub- Jject-is painful. Besieged by Patriots. There is no question that the ingom- ing governor is being besieged, no matter where’ he may go, by patri- ots willing to lay down their present jobs and take a berth in the state employ. During the few minutes he spent in the Grand Pacific lobby this morning after breakfast, he was ap- proached ‘by a half-dozen present state employes and as many more who would like to get on the payroll. Some of the governor's best friends are engaged in picking for him his private secretary, now importantly en- gaged in another State department at the capitol; in selecting his stenog- rapher and other minor appointees; in telling him who. should be_ this and that. and how his future will ab- solutely go to smash if he doesn’t make Hezekiah Jenkins of Green Ridge corners custodian of waste per at the state house. And the gov- ernor, apparently, is receiving al of these suggestions in silence. Wants Civil Service. Asked concerning proposed legisla- tion, the governor unbosomed himsclf a trifle. “Tt am in favor of civil service: would like to see a civil service law on our statute bookks, IJt is a matter for the legislature to decide, though. I cannot tell you what the legislature will do.” Thinks Program Will Carry. The governor appears to helieve that the Non-partisan league prugram of compulsory state hail insurance, a state highway system, a revision of the system of taxation looking to- ward single tax, an investigation of the possibilities of state ownership of packing houses, elevators and cther VILLA ENTERS PARRAL WITROUT ANY RESISTANCE Americans Report That Provis- ional Gevernment is Indiffer- ent to Bandit Chief AMERICANS FORCED TO FLEE, FOR LIVES Bandits Now Running Militarv Teams—U. 8. Border Menaced Nogales, Texas Nov. 22.—After sleeping 24 hours, four Americans, fatigued from 17 days’ travel over des- erts and through hostile country fol- lowing Villa’s occupation of Parral, awoke this morning and told stories of their suffering and cepane to~the United States. The Americans said Villa rode into Parral, November 3, and that forces of the Carranza government did not offer any resistance. The bandits’ first act was to imprison all foreign: ers remaining: When the Villa forces approached, the four Americans fled from the city, but remained outside to await results. After Villa's actual occupation of the city, they fled 250 miles across mountains infested with Yaunki Indi- ans, who are sympathizers of Villa. Reaching a railroad point, they came to the American boundary by rail- road. These four Americans believe that eight of their countrymen remaining behind were massacred by. Villa’s men, The Americans remaining did so against the advice of Edward Koch, German consul, who also fled. Fifty Chinese and 29 Syrians were reported to have been slain upon the orders of Villa. t Wire .comnrunications have again been: cut south of Chihuahua City. On the. streets of the northern capi- tal it is reported that the foreigner slain: in, Jiminez was not Henry Clark, Scotchman, but-an American, enroute to Torreon, in order to escape with the Chinese who are fleeing to ' Juarez, paying his men with crudely fashioned gold and silver coins, worth $2.50 each, obtained from the Seapata revolutionary leader’ in the state of Morelos. American refugees state that Tre- vino’s Carranzista forces have return- ed to Chihuahua City, and that the Villistas have re-entered Santa Rosa- Ja. STILL UNSETTLED. Atlantic City, N. J., Nov. 22.—The joint commission seeking a plan to compose the Mexican ¢mbroglio are far from a definite settlement. FOOD EMBARGO PLANNED WHEN SOLONS MEET Washington, Nov. 22.—Representa- tive Fitzgerald. of New York, chair- man of the house appropriation com- mittee, announced today he would in- troduce a-resolution providing for a food embargo when congress con- venes, { } Food Dictatorship. Toledc, O., Nov, 22.—Advocating a food dictatorship for the . United ‘States, Dean Scott Nearing of the To- ledo university said that while the situation in the United States is not so severe as tha which Europeans are facing, i is becoming acute. By shipping huge amounts of gold into utilities, and similar reforms, practi- (Continued on Page Two? the United States, England has in- flated our prices. Normal School Wins By Majority of All Votes Dickinson is assured of its Normal schoo] on two counts. First, the constitutional amendment will carry a majority of all the votes cast at the general election. The vote on the amendment in 36 counties whose official returns have been re- ported ‘by the canvassing boards to the secretary of state runs even with the vote on \president. In these 36 counties, the Normal school amend- ent has a lead of 10,600 votes. Second, Attorney General H. J. Lin- de today gave the Tribune an opinion in which he reversed his original de- cision on the question of the percent- age of votes required to pass a con- stitutional amendment. Mr. Linde to- ‘day advised the Tribune that, after Sut Cast At. Election giving the matter thorough consider- ation, it is his opinion that if the con- stitutional amendment receives a ma- jority of the votes cast on the prop- osition, the aemndment will become a part of the constitution. The 36 counties reporting to the secretary of state include both friends and foes of the proposition. The for- mer may be said/ to be every county in the state which has no education- al institution. The educational insti- tution counties almost without excep- tion have rapped the proposition. The 1 counties yet to be heard from may ‘be expected to have voted with- out prejudice, and it is anticipated the returns will increase the Normals lead. BISMARCK, NORTH DAKOTA, WEDNESDAY, NOVEMBER 22, 1916 our Law Is Dec ared Unconstitutional UNITED PRESS t ¥€-0- '. Britannic Sunk; Many ‘Lives Are L FIVE CENTS SERBS TAKING HEART JOIN IN NEW OFFENSIVE Italians Are Entering-Into Balkan Campaign With Renewed Vigor FALL OF CARIOVA ALARM THE ENTENTE Germany Hard Pressed for Wheat May Have Found Supply in This Town WOULD HEAR PROPOSALS. London, Nov. 22.—Discussing peace with the American: corres. pondents, Lord Derby told the United Press that German propos- als at this time would meet with what consideration they were worth. It is reported that all Teutonic ministers left Athens amid dem. onstrations, following the Allies’ practical ultimatum ‘demanding such departure. ARGENTINE WHEAT. Galveston, Texas, ‘Nov. 22.— The American steamer, Ausable, arrived with 180,000 bushels of Argentine wheat and reported that other Argentine vessels were loading: Paris, Noy. 22.—Heartened by occ' pation of their ancient.eity, Mona: the Serbians, assisted"by the forces of the lEntente Powers, are hotly pur- suing the Teutons who withdrew from that city Sunday. The Allies are pressing northward toward Prilep and seem to be mecting with considerable success. Feelings of Unrest, To offset this advance, however, London advices do not disguise feel- ings of unrest over the occup fe of Cariova by the Téeuténs yestér In their flight from Team the ‘Teutons abandoned. enormous stocks of military supplies. The vatue is un- estimated, but fragmentary advices say they include’ big stores of food, railway rolling stock and enginering material. inestimable value to General Farrail. The Italians are entering into the Bal- gan struggle with ‘exceptional’ vigor. Needs Wheat. It became known today that’ Ger-| many is in desperate need of wheat. It is known also that Cariova had good stores of grain, but there is no report as to whether the citizens emp- lied the granaries there before aban- doning the town t othe invaders, There is no word from Bucharest admitting the capture of Cariova or the effect of this upon the Wallachian campaign. On the Flanders front an intense fog hindered operations. Shower. of Flowers. The allied troops entered Monastir on the heels’ of the retreating Bulgar+ ians according to a description of the fall of the city telegraphed the Petit Journal by its correspondent on the Serbian front. The dispatch, dated Sunday, says: “The last Bulgarian patrol of seven- teen troopers left the city at 9:30 a. m. just as the Allies’ advance guard entered. Women showered flowers on All these have proved of; OR TORPEDOED Another Sea ey Probably Due to Operation of German , Submarine, .; WAS IN HOSPITAL SERVICE OUT OF SALONIKI PORT — Big Liner Was Requisitioned by British Soon After Its Com- pletion in 1914 > London, Nov. Nov. 22;, (Official) —The British hospital ship Brittannic, a White Star liner and probably the largest ship afloat, was sunk in the chan- nel of the Aegean sea. Fifty lives were lost; 28 were in- jured, and 1100 were saved from the sinking wrec’s. The veésel was either mined or torpedoed. ; Another sea tragedy has, been add- ed to the long list which is headed by the Lusitania, sunk by a German sub- marine in 1915. The Britannic was built in 1914 at Belfast, Ireland. It has a gross ton- nage of 50,000 and was one of the finest liners owned by the White Star line. Its dimensions were as follows: Length, 887.9 feet; breadth, 94.6 feet and depth, 64.3 feet. ‘ It exceeded in size any boat in the service of the White Star line. The Britannic was either mined or torpedoed in the Zea channel of the Aegean sea yesterday. It was in the ‘service of the war department in the vicinity of Saloniki, both as a trans- port and hospital ship. Largest Ship Afloat. New York, Nov. 22.—White Star line officials here are certain that the Bri- tannic sunk was their boat, the larg- lest ship afloat. They reached the con- clusion because the liner had been requisitioned by the British for hos- pital transportation immediately after completion in 1914. The only other Britannic registered is a small vessel unable to accomo- date only a elew y Passengers, INDUSTRIAL PREPARD NESS TO BE URGED 22,—President Nov, i message to congress wil be devoted largely to an appeal to American business men to met the unprecedented situation that must in- evitably follow after the European war. He will urge greatest efficiency without industrial unrest, Emphasis the victorious troops as they marched through the streets,. The night before the enemy, after defiling thrice through the main street, pillaged all the stores. and toward midnight set fire to the ambulances, barracks, for- age depots and all buildings of a mil- itary nature. “The retreat began about 3 a. m. The officials had evacuated the night pefore and nearly 3,000 Bulgarian fam- ilies left two days ago, The infantry was not clear of the outskirts until 8 a.m. The enemy is being closely pressed by our troops, but bad weath- er makes both pursuit and retreat difficult. “The enemy will attempt to form upon a line seventeen miles to the north, which was jared two months ago and which passes approx- imately along the Topolchant heights by the villages of Klepao, ahartlachi and Hill 1,506 of the Visoko range. During the last two days he has been obliged to abandon an enormous quan- tity of material. We found among other things at Monastir a number of locomotives which will be precious to us.” The Allies have penetrated German- Bulgarian lines between Ochirda and Prespa Lare and the plains of Mon- astir. st of Paralova, official state- ments say, the Allies have captured an important vantage point and are holding it against sanguinary attacks. On the Ancre front there is active artillery firing. Germans centered fire on the British right south of Ancre and to the north, but the Allies’ re- pulsed all attacks. Two German detachments penetrat- ed into the Fritish trenches. Their defensive works were destroyed and several prisoners taken. ————— SEND IN PPETITION. El Paso, Texas, Nov. 22.—Ameri- cans in this district with property in Chihuahua City, Mex., have, for warded a petition to President Wil- son detailing conditions, will be placed upon co-operation be- tween employers and employes with an end to prevent disastrous labor disputes. He will impress upon con- ress the necessity of watching the railway strike situation. FACES DEATH PENALTY FOR STEALING COMPASS FROM STEEL TRUST SHIP Gary, Ind., Nov. 22.—Under a sea law of 1790, Charles Sehillinger must either be freed or hanged from the yard arm of one of the United States LARGEST SHIP AFLOAT MINED IM AEGEAN SEA FOR NEW BOARD IN GRANT COUNTY {Governor Must Bao Select Three Com- missioners from Large Field Today |COMMISSION HAS POWER TO NAME ALL OFFICERS From Ten to Twenty Candidates! For Each Position to Be Filled ‘ SPECIAL TRAIN, A special train jat 2 o’clock this afternoon brought in 200 Grant county people to attend the hear- ing before Governor Hanna. The hearing has been adjourned from the executive offices to the house chamber because of ths need for more room. Headed by a band, and with 200 men and women in line, Carson this afternoon stormed the capitol, captur- ed the hearing to have been held in! Governor Hanna's rooms,on the Grant | county” commissionerships, and com-: pelled an adjournment to the house| chamber. \vhen the hearing began, : at 2:30 this afternoon, the house was well. filed with: Grant county parti- Os t WAR HASTERS EAD OF RULER FIFTY ARE LOST; 1100 SAVED) LONG AFCIME WAS BUILT WN 1914160 APPLICANTS Head of Hapsburgs Gave Empire Years of Peace and Pros- perity aie AGED MONARCH SUFFERED CATARRHAL AFFLICTION Young Arch Duke Carl Francis Will Succeed to the Throne i DEATH CONFIRMED. Washington, Nov. 22.—The Aus- trian embassy officially announc- | ed that Franz Josef is dead, London, Nov. 22.—Although official sources refuse to. confirm Emperor Francis Joseph’s death, special mes+ sages from news agencies confirm the demise of the ruler of Austria-Hun- gary. For the past few days he had been failing fast. Late yesterday his tem- perature was high and he suffered from catarrha] trouble, Monday eve- ning he rallied and was able to: re- ceive a few intimate friends. He was born August 18; 1830, and was proclaimed Emperor of Austria in 1848 at the abdication. of his uncle, Ferdinand I. He was crowned king of HE MDEATY, in 1867. ror Joseph succeeded in avpid- ie 2 jsassination, which terminated the lives of so many members of his family during his. long reign. His wife died at the hands of. an anarchist in Geneva in 1898. A son, heir appar- ent, committed suicide in 1889.. His eldest brother, Maximilian, was ghot in Mexico, in 1867. throne,’ were murdered in’ sans aiid interested folk from other parts of the Slope. All afternoon and probably part of tomorrow morn- ing will be taken up by the hearing. Carson came in on a special train, completely filling two coaches, After detraining at the Northern Pacific station, the Carsonites lined up be- hind the band and marched to the Grand Pacific, with the musicians tooting, “Hail, ‘Hail, The Gang’s All ‘Here.’ Every third marching man/ carried a banner, and the tenor of all was that Carson is first, last and all Bosnia, which crime was the immedi- ‘ate cause of the present. war.‘ ‘Charged to War. Like the death of Pope Pius X,.thé end of the venerable Emperor Fran- cis Joseph is charged largely against the great war. The one man was a great, helpless spectator, shocked at the horror of such a sudden and wide- spread clash of arms; the other the man whose action in avenging the as- sassination of his heir engulfed nine nations in combat. ith Francis Joseph’s death in the the time for a Thompson, MacDowell, Scripture commission, and for Carson for county seat. After a business session at the Grand Pacific, the invaders pushed on to the capitol, and a few moments later were in possession of the state house. The eleven other contenders were awed, but not subdued by Car- son's display of strength, and at press time the fight was waging merrily, without a line of trghches wavering. 60 Applicants. i From a list of 60 applicants, Gover- nor Hanna, at 2 o’clock this afternoon, began the task of selecting three com- missioners for the new county of Grant. The duty is one of the most important which can devolve upon a North Dakota chief executive. Grant county is a large, prosperous, progres- sive community, Much depends upon the personnel of the new commission. The commissioners have the privilege of selecting the temporary county seat and of naming every county offi- cer. The destinies of Grant, therefore, are on the knees of the gods this af- ternoon, with Governor Hanna offi- ciating as Jove. Many Want County Seat. The choice of commissioners is un- usually complicated by the active campaign which has been waged by fully a dozen towns which would be the first county seat of Grant. Includ- ed in the list of aspirants are, begin- ning at the west end of the Northern Steel corporation's ships. from which he is charged with having stolen aj compass. Death on conviction is the only penalty provided by law. Pacific, New Leipsig, Elgin, Carson and Lark; on the Milwaukee line, Ral- “TY Continued on Paze Three? Making Big UNCOVER FACTS. Chicago, Nov. 22.—Startling in- formation regarding food manipu- lation was brought out today be- fore United States District Attor- ney Cline. Farmer Brundage, liv- ing near Hammond, Ind., reported that his entire pumpkin crop was bought and paid for in cash by a stranger and then allowed to rot on the ground. Investigators learned also that 28 carloads of potatoes had been dumped into the river. Chicago. Nov. 22.—Health Commis- sioner Robertson made his first swing and hit squarely between the eyes of the high cost of living. Six men and six women, all handpicked ‘and care- fully weighed, submitted to the test. Forty Cent A Day Menu Chicago Men And Women Hit On 12 They ‘began the 40-cent menu today. All of them smacked their lips and said they liked it. Dr. Robertson says that he will fatten them. Here is the menu tip for those who want to live on 40 cents a day: BREAKFAST Fresh Apples ’ Liver and Bacon One Egg Muffins Butter Coffee LUNCHEON Creamed Codfish Potatoes Cornbread Butter Cocoa DINNER Vegetable Soup Pot Roast Cranberry Sauce Raisin Pudding Tea Baked Parsnips Rice ce | midst of this great conflict there is a remarkable climax to a long list of tragedies in the Hapsburg family —a list unparalleled in any other reigning house in Europe—including the assassination or violent death of seven near relatives. The fortitude with which the em- peror bore each blow and in later years withstood the inroads of ‘ile health himself was the wonder of.his people. Fears that the shock of the assassination of his heir, the Arch- duke ‘Francis Ferdinand, and his con- sort, while on a state visit to Bosnia, on June 20 last, would kill the em- Peror were answered in characteristio manner. Francis Joseph, then nearing his 84th birthday, recuperating at. Ischl, from a catarrhal affliction which each spring had wore heavily upon him, mustered strength to return. to Vienna immediately, and take a firm grip on the confused state of affairs. ‘New Heir. With the royal funeral rites observ: ed, and the new heir, the young Arch- duke Carl Francis Joseph,, recogniz- ed, the venerable emperor and his ad- visers turned to Servia with demands which startled all Europe. From the ultimatum of July 23, denouncing the anti-Austrian propaganda and demand- ing prompt punishment of the assas- sins of ‘Archduke Ferdinand, accord- ing to items: supposedly dictated by Francis Joseph himself, practically, dates the war now ravaging Europe. In his manifesto of July 28, the day of formal declaration of war “upon Servia, Francis Joseph said: “The intrigues of a malevolent op- ponent gompel me in defense of the honor of my monarchy and for the protection of its dignity and the se curity of its possessions to grasp the sword after long years of peace. “The hope that Servia would keep its word has not been fulfilled; the flame of its hatred for myself and my, house has always blazed higher. + “In this solemn hour I am fally oon- scious of the whole significancée of my resolve and my responsibility before the Almighty. I have examined and weighed everything, and with serene conscience set out on the path that duty points. Feared Assassination. With the war on, communication with Vienna was practically cut off. Rumors of the emperor’s assassina- tion, or his impending death from shock over the great war he had or- dered, were widely circulated, with denials following: On August 27, when the Germans were moving into France, Francis Jo- seph conveyed his greetings to Em- peror William in these words: “Victory after victory, God is with you. He wilt be with us also, I most sincerely congratulate _you, (Cont on jo), His nephew and niece, heirg-to, the