The Bismarck Tribune Newspaper, November 28, 1916, Page 1

tt 4 ‘ ‘The Weather Colder Tonight. PAROS EOP A ee en THIRTY-SIXTH YEAR, NO.\286 ASSOCIATED PRESS ~ ~TODESTROY ARMY Rumanian Roads Blocked With Fleeing Men and Women “WE WANT BUCHAREST’ SAYS TEUTON WARRIOR German Cavalry Crawls Toward Capital Like Huge Snake ‘(United Press Staff Correspondent.) Headquarters of General von Falk- enhayn in the Transylvanian Alps, Nov, 28, via Berlin and Sayville wire- less.—“Our task is to destroy the Rou- manian army and that we are doing as best we can.” So spoke Gen. Falkenhayn today, his brows wrinkled, but his eyes sparkling as he submitted to ques- tions concerning the victorious prog- ress of his troops against Roumania, “Our flyers,” he continued, “report the Roumanian roads blocked with people and wagons bearing refugees’ fleeing from Little Wallachia toward the. Alt river. That is the terrible, part of war. That soldiers should suffer is war, but that women and children should be put to such misery —that is terrible. But it was Rou: mania’s choice: Roumagnia piayed with fire too long—and is now getting burned.”* 3 “How soon do you expect to get to Bucharest?” the German general was asked. _ ‘We want Bucharest,’ he respond: ed immediately. “Every time we take charge of.a city we have to feed the population. We are not bothered by that question. We are soldiers, Our task is to destroy the Roumanian army and that we are doing as best we Can,” i “May I ask another question, excel- lency?” I ventured. The general’s brows moved up and down and his eyes looked out sharp- ly as only von Falkenhayn’s eyes can do. He nodded assent? *’’ Gs Sal “When will the Roumanian army be destroyed? I’ asked, ’ i: An Officer standing nearby smiled, But Falkenhayn looked Sttaight at his questioner, a&’hé ‘replied: * . “Rain or stiow, a railway accident, or almost ahytiiing can destroy the begt made plans. I have been in this war two and‘a half years and can say the only‘certain thing about it is —uncertainty. 1 am only certain of one thing—and that is, that we will win.” Seated across from his -excellency was his chief of staff. Turning next » to him for comment on the Rouman- ian operations about Craoiva, he re- sponded: “In the warfare here the cavalry goes forward like a snake over new territory—with its fangs out and wav- ing in the air. When those fangs en- counter an obstacle they are drawn into the snake’s mouth. Then after a while the fangs reappear and the snake continues.” Officers detiare {t will’ be’ interest- ing to See what, the Roumanians de- eide to do, whether they will ‘fight or surrender. - | « ‘ Reports reaching von Falkenhayn’s headquarters ‘today indicated _ that German operations are progressing splendidly. [tis believed the Rou- manians will be obliged to choose a new line, as far back as the Alt river, protecting valuable stores, most of which are ownéd by England. This importarit success achieved by von Falkenhayn: will open the Danube for many miles; ‘affording important’ transportation facilities. As far as comment at, von Falken- hayn’s headquarters is concerned, the situation of the cetral powers against Roumania ‘is regarded as excellent. All five passes are now in German hands. WILSON LEAD JUMPS 10 (950 WITH BUT TWO COUNTIES OUT With but two counties to hear from, Wilson’s lead over Hughes this morn- ing had jumped to 1,950, The vote, minus official returns from Eddy ant Mountrail counties. stands: Wilson, 53,358; Hughes, 51,406. The normal school this morning has a majority of almost 20,000. It is an- ticipated that both Mountrail and Eddy will assist in swelling this total. Monday was the last day for filing election returns. Burleigh and sev- eral other counties got in under the wire. The two named are the only ones which failed to comply with the statute requiring that official returns of the county canvassing boards be’ filed with the secretary of state not later than 20 days following election. CROWDS PACK HALL TO HEAR TRIAL PROCEEDINGS Buffalo, N. Y., Nov. 27.—Scores of women crowded the city hall and its corridors here this afternoon for hours to get a glimpse of John Ed- ward Teiper, tall athletic black-haired; Chicago, Nov. 28.—A $100,000 fire in] Hookaday paint warehouse brick manufacturer, and his pretty young wife, both of whom face the CEN. FALKHENHAYATIUSTICES LECT WOULD DEPOE SAYS TASK 15; PREDECESSORS FIRST MONDAY IK its No. 3 at § TPES NCHTLY AAD DECEMBERQUOTE CONSTITUTION Getting Fat on 40-cent- | a-Day-Diet Chicago, Nov. 28.—A ‘smaller diet is likely for the 40-cent a day ‘experi- menters. All twelve dieters showed weight gains today. SOUTH AMERICAN SHIP IS SUNK. Montevideo,’ Uruguay, Nov. 28,— The owners of the Uruguayan steam- er, Izacar, are advised that the ves- sel wag submarined and sunk off the coast of Spain. % DEPORTATION OF BELGIANS STIRS ~ WILSON'S ANGER ‘Washington, Nov. 28.—United States Ambassador Gerard will carry a vigorous protest from the United States against the deportation of Bel- gians, when he returns to Berlin on December 5, Wilson will personally give Gerard his instructions late this afternoon. HUPEN HIT BY CAR DRIVEN BY __ NFRED. WBRIDE Bismarck Salesman * in’ Critical Condition at St. Alexius Hosp- ital; Broken Ribs and Cavicle ACCIDENT OCCURED AY | BROADWAY AND THIRD C. B. Nupen, traveling salesman re- siding at 423 Tenth. street, was struck and probably fatally’ injured by an automobile driven by Alfred McBride, a farmer living near the city, late yes- terday afternoon at the intersection of Fourth street and Thayer. Nupen, picked up in an unconscious condition, wes hurried to St. Alexius hospital. Dr. M. W. Roan was called. An examination disclosed a broken collarbone and three fractured ribs, besides severe injuries ta the back. te this morning he was in a semi- conscious condition. Particulars of the accident as glean- ed by the police reveal that Nupen, with another gentleman, was going east across Fourth’street and the ma- chine was traveling,east down Thayer when the driver started to turn to go south down Fourth, but changed his mind bewildering the two men in the street, Nupen being unable to get out of the path of the machine, Nupen was thrown to the ground. Mr. and Mrs. McBride stepped from their car, which was a Ford, and with other witnesses near, assisted the in- jured man into another car and took him to the hospital, ) ATTORNEY GENERAL LINDE TO REMAIN IN BISMARCK; MURPHY GOES TO MINOT Attorney General H. J. Linde will remain a Bismarck citizen after his term expires, January 1. The law of- fices of Linde & Murphy will be con- ducted as heretofore, but Francis J) Murphy junior, member of the firm and deputy attorney géneral, will de- vote practically all of his time to Mi- not, where Mr. and Mrs. Murphy will reside. “NOt “i am confident,” said Mr. Linde this morning, “that Bismarck is due to become the best town in North Da- kota.” CASE IS CONTINUED. The case against Aibert E. Mar- quett. charged with kidnaping the u-| Mr. and Mrs. which 2 year-old daughter of Michael Balzer of this ‘city, came up before o'clock this afternoon, was continue until December 1. South St. Paul, Minn., Nov. Willtam McGivany, president *of the stockyards, placed an embargo. on live stock shipments from Illinois. {that except as otherwise BROZELL PROBING Member of University . Faculty Here Today To Look Into Right To Take Job ROBINSON TAKES ISSUE WITH FISK ON QUESTION Fargo Member of Supreme Court Notes Precedent To Establish His Claims The supreme court of Nor‘li akota may ee three: justices too many next Monday. On that date the justices-clect nam- ed at the recent general election: J. E. Robinson, R. H. Grace and Lucher FE. Birdzell, plan to come to Bismarck to claim their seats on the supreme bench. On that same date the re- tiring justices—C. J. Fisk, E. T. Burke and E. B. Goss—will be sitting. The former will contend that their six- years’ terms date from the first Mon- day in December; the latter claim they: were elected fo years from the first day of January, 1910, and that their terms do not expire until the 31st day of December. Old ‘Provision Dug Up. There is involved principle, prece- dent and one month's salary, amount: ing to $416 and some cents. In support of their contention, the justices-élect quote section 92 of the state fonstitution, which provides that justices of the supreme court shall serve from the first Monday in De- cember following their election. The retiring justices assert that this provision was embodied in. the constitution aS’ an emergency. meas- ure,. when the statecwas admitted: in 2880) and as 1 means of aSsuring that the.Btate. would) not remain two two. months without a supreme court after the genera} election was held that fall. Wf Justices Fisk, Burke and Goss con: tend there is nothing in established precedent or custom which would warrant the step contemplated by the justices-elect. The —_justices-elect, claim there and their position is stated ‘in the following letter from J. E. Robinson: “Charles J. Fisk, “Bismarck, N. D. “Dear Judge: “Your favor regarding the time for the next’ supreme court judges to qualify and take office duly received, and submitted to (Messrs. Birdzell and Grace. “You claim that by custom and statute, the time is the first Monday in January. We claim it is the first Monday. in December, ‘and that it is controlled by the constitution, which fixes thé latter date. Wallin Served From December. “Custom consists of only a few sin- gle instances. Justice Wallin first took office for seven years, and then for six years, and his second term ended on the first ‘Monday of Decem- ber, 1902. The first three judges were elected to succeed , themselves, and the same is true of several other judges. “You may know the judge who was[” elected in 1906 to fill a vacancy caus- ed by the resignation of Judge Young. He held the office of district judge and did ‘not care to resign until Jan- uary 1, 1907, so that Governor Burke might appoint his successor. Precedent ‘Noted. “Judge Cochrane was elected'as the successor of Judge Wallin. They were bosom friends, and Judge Wallin may have served a month on the term of Judge Cochrane. “When Judges Burke and Goss were elected, I think they were each on tae district bench, and it is possible that they had some business to detain them. But, of course, the fact that a judge does not choose to qualify on the day his term of office com- mences, does not lengthen out his term; if it did, then no one would have any means of knowing by law the day when the term commences. 1 am sure there is no evidence of custom that amounts to anything. What Statute Provides. “It is true, the statute plainly states provided. all state officers shall take office on pau Be | Dolan a q| the first Monday in January. But in regard to the supreme court judges, we thing, the constitution does oth- jerwise provide. The first Monday of 28 | December, 1889, is the first milestone. It is the starting point. and it Js neh far away, and no judge has ever bee! (Continued on page 4.) $100,000 Fire in Chicago Threatens Manufacturing District of Windy City the heart of Chicago’s most important caught fire and eplosions of oil caused a well to collapse. Several foremen-. narrow- ordeal of trial, ‘charged with murder-|™anufacturing district threatened to/iy escaped with their Hves. The fire ing his mother’and brother, wipe out that section today. The jis reported to be under control. OVER: LONDON) Two of Fleet Brought Down by British, Aerial Defense ONE IS DESTROYED ON DURHAM COAST ee Se Serbians Capture: One of Hills Commanding City of Mon- astir - ZEPPELIN BOMBS: F.ND ‘LONDON, WOMAN VICTIM London, Nov. ».28.—(Official)— ‘A German aeroplane \diopped six bombs over ‘London between 11:30 and noon. Four were injur- ed, one womgn seriously. No great property di meee was done. London, Nov, 28,—'Two Zeppelins of a.German fleet which raided England last night were brought down by aer- ial defenders, One’ was disabled on the Durham coastiand the second was put out of commission nine miles off Norfolk. Both headed seaward when hit, * Another raid’ by ‘airships over the|” northeastern coast of England took place last night. The official state- ment says: “Hostile airships crosed the north- western coast--Monday night. Bombs, it is reported, have been dropped in several places in the northern coun- ties but no reports of casualties or damage have yet, heen re: ed.” Led: by French; Zouaves, Serbian forces captured ’@n important hill overlooking, Monagtir. There were violent Teutonic} ‘opposition. Four Teutonic counterattacks were re- pulsed. ee ‘ Official reports ‘say that there isa heavy and continuous shelling of Brit- fsh position by the Germans north of Yypress. e Small losseson the part of the -Allies~ are ‘reportady-7 WAN TAKING ~ DEER HOME Bemidji, Minn.. Nov. 28.Andrus Chi- solm, 48, killed a deer and while he was carrying it from the woods, sev- en other hunters, sighting it hrough the brush, shot at the carcass, One bullet severed Chisold’s spinal cord. He may die. BANKER DENS. WALL STREET URGES PEACE New York, ..ov. —A prominent banker emphatically denied here to- day that Wall Street is behind the Present peace talk in America. He said financiers of Europe could not prevent the war, and, of course, finan- cial men of America would ‘be fool- ish to think that they could stop it. The banker continues: “If we were worried about loans pil- ing up and that we worried about the loans falling off. then the loans would end automatically, if unattractive from a business standpoint. } That is the cold blooded financial view of it. Personally, I ‘don’t believe that there is a banker in tht United States who would not like to see the war end to- morrow, That is the human, not the business side. “What could we do to stop the war? “Stop lending money? “Germany is not a borrower, yet she continues to fight on her own re- sources. The Allies have enormous funds. They have been fighting on borrowed money, while they conserv- ed their own finances. “It is unlikely that the peace move- ment will be successful at this tim but it is untrue that Wall Street having any effect upon peace efforts. CK TRIBUNE == UNITED PRESS robe ere eg FIVE CENTS |, teele; Two Injured — RUMANAN ARMY CONTINUES = ITS MAL FORCE OF ORDERLY RETREAT BEFORE TEUTONC DRIVES LONDON IS HOPEFUL) Safety Lies No Attempt Made, However, to Minimize Effectiveness of German Offensive SUPERIOR NUMBERS FACE SMALL BALKAN ARMY] ¥2™ing, Hostile Aircraft Scouting Ahead Assists Progress Toward ~ Bucharest CAPTURES CITY. Berlin, Nov. 28.—Mackensen has captured Giugiva City on the Danube, 38 miles south’ of Bucharest, Danube army gain- ing ground. German naval faiders near Lowestoft. sink vessel, capture crew and return safely. Liner City of Birmingham, 7,000 tons, steel vessel from Liverpool, sunk. ‘No details, London, Nov. 2°.—Roumanians are retreating orderly before the strong drives of the Teutons, This is the only satisfactory part of the situation in the minds of the military experts here. No one is attempting to mini- mize the effectiveness of. the German drive, which is accompanied by super- for forces and plenty of aviators against an army that possesses neith- er of these factors. Aside from reports of the repulse of the Bulgarians by the Serbians and of continued progress for the Italians west of Monastir, the Entente allied war office records no. important en- gagements on the ‘Macedonian tront. In the Carnia sector of the Austro- Italian theatre and east of Gorizta, the Austrians are vigorously shelling the Italians. On~the Russian front there has been considerable activity by ‘both the Russians and Germans at various points. ‘Comparative Calm in France. Comparative calm still prevails all along the front in France so far as infantry engagements are concerned. A Berlin semi-official dispatch says there are indications that the Entente Aliies contemplate a fresh offensive, probably near Armentieres and east of Arras, where heavy artillery bombard- ments are being carried out, and also on the St. Mihiel salient, south of Verdun. Arabs Defeat Italians. Another semi-official: dispatch from Berlin quotes Constantinople advices to the effect that Arabs on the Tdip- ol-Tunis frontier in north ‘Africa have defeated the Italians and carried the fighting across the border into Tunis against the French. The lossses of the Italians are estimated at 20,000 men, not including prisoners taken into the interior by the Arabs. HEAVY GRIST. FOR ONGRESS \ Washington, Nov. 28:—Karly con- gressional arrivals predict ‘that con- gress must burn midnight oil prodig- ally, if its labors are to be completed by March 4. The mere routine is heavy without railroad legislation and proposed food embargo legislation. BOX CARS ORDERED TO HOME LINES; EFFORT TO RELIEVE DEFICIENCY Washington, Nov. 28.—The confer. ence committee on car deficiency of the American Railway association, in the public’s interest, to meet the emergency, today ordered each rail way to return each box car to the home lines. Washington, Nov. 28.—An official source says the situation at Chihua- hua City, where Carranzista and Vil- listas.are battling, is such that prob- ably there will be a halt in the pres- ent plans for the returning of several more militia regiments to their homes. The department expected to send sev- eral regiments home this week. Offi- cials preferred to await the outcome of the Chihuahua City battle befere proceeding with militia plans. They frankly admitted, if Villa gets Chihua- hua City, there will be real trouble throughout northern Mexico and par- ticularly at Juarez within a week. El Paso, Nov. 28.—With four hun- dred men from Casses Grandes and Namiquiva, -Carranista Commander in Warning COACH AT 30 MILE SPEED Occupants of Car Evidently Be. came Confused When Train | Was Sighted sf ¢ Say Experts PASSENGER SLOWING ‘Washington, Nov. 28.—Experts: say safety for Americans and their money lies behind the federal reserve bank published this morning, against undue loan expansion. Some said that a possibility of unsettled business conditions was the immedi- ate cause for the warning. Foreign loans are not mentioned. New York bankers do not. believe the federal board desires to interfere with foreign loans, i CERMAN ATTACK FAILS.-TRAWLER “REPORTED LOST ‘Paris, Nov. 28.—The’German attack near Maison Champagne was re- pulsed. Elsewhere the night was quiet. The chamber o dfeputies met today in secret session. London, Nov. 28.—The armed traw: ler, Harval, is missing. It is presiim- ed this is the ship a German official statement clams.to' have been sunk. AMERICAN BOAT “SUNK BY MINE DR SUBMARINE London, Nov. 28.—The American steamer Chemung, of 2,615 tons burth- en, was sunk today. The steamer wsa of American regis- try and carried an American crew. Submarined or Mined. It cannot be stated whether the Chemung .was submarined or mined. The fate of the crew és unknown as yet. REGULATION OF NATION'S. FOOD SUPPLY ASKED New York, Nov. 28.—Representa- tives of two million women of the Na- tional Housewives’ league today for- Villa’s Victory May Keep National Guard on Border For Rest of the Winter warded to President Woodrow Wilson an appeal for government regulation of the nation’s food supply. Simultaneously, Patrick Quinn, gov- ernment commissioner of New South Wales, explained the Australian sys- tem of food control. These develop- ments dovetailed with Governor Whit- man’s move for the regulation of New York’s food supply by the state food ! commission. Quinn and Mrs. Julian Heath, pres: ident of the Housewives’ league, prais- ed Governor Whitman’s action. The }league based its appeal upon the claim that the people of the United, States ,are suffering from exorbitant prices on account of a’ shortage of crops, increased exports, decreased imports and speculation. At the same time, the egg boycott | is spreading rapidly and promising to result seriously. revino at Chiduahua City are hard- pressed on all sides by Villa. Tell of Villa Victory. Paso, Texas, Nov, 28.—United agents today transmitted to Washington the report they have that Villa possesses Chihuahua City and that Trevino is fleeing south in an at- “yl States tempt to make a junction with Mur-! column. Carranzista officials make a statement today. May Withdraw Pershing. However, if the outcome of the Chi- huahva ( fighting completely elim- inates Villa, the war department may proceed with the withdrawal of Per- |shing’s colum. The decision to temporarily halt refused to DOWN TO MAKE DEPOT Automobile Demolished and Both Men Picked Up Unconscious; Taken to Bismarck , Peter Dolenberg, a well digger at Steele, is not expected to live, and chances for the recovery of Herman ‘Weisenhutter, a farmer living a-bhalft mile from that city, are about even, as the result of the automobile in which they were riding crashing into train ‘No. 3, east of the station in that city, about 11 o'clock this morny ing. ‘ Injured Men Brought to City. Bleeding profugely. about the, head from wounds! received when the auto Struck the mail car ofthe train, the men were brought to Bismarck about 12:30 o'clock, placed in an ambulance and hurried to the Bismarck. hospital, The extent of the injuries could not be learned at an early hour this. af- ternoon, » Particulars of the accident. as’ re- lated by members of the train. crew are to the effect: that the men’ wer traveling toward the ‘Northern Paci station at Steel ‘and. approached:’ train, which .was traveling. about. 25 miles an hour, and slackening. to atop at the ‘station: The automobile ‘was going 30 miles an hour. when it stopped, ‘Themen, headlong into ‘the: side’ 0, ‘| striking, the ‘steel beams, +a steel tool box were’ picked: ap five feet from: the spot. Was Evidently /Contided eto Dolenberg, who was driving the ma: chine, is married, his family. residing in the village of Steele. He evidently. was too conftlsed when, traveling at a. rate of about 30 miles ‘an*hour to see the Limited approaching .from.: the east. It was evident from the north side of the mail coach.that he did not have time to apply the emergency brakes before the crash came, as the beams and the tool chest were bent from the force of ‘the impact. The auto struck the center of the car, Dolenberg and Weisenhutter were picked, up about five feet: from the wrecked auto. Dolenberg was uncon- scious. Both were placed in,the bag- gage car and upon the arrival of the train in Bismarck, were taken to the Bismarck hospital. , Life Hangs.on a Thread. : Dolenberg’s life hangs on a thread this afternoon. An examination made by Dr. N. O. Ramstad disclosed that his skull is fractured in six or seven places, besides severe bruises about the face and the shoulders. Up to @ late hour this afternoon he had mot recovered his mind. * ¥ Weisenhutter is said to be a single man, farming a short distance out of Steele. He was picked up in a semi- conscious state of mind. The exami- nation at the hospital this afternoon revealed a fractured collar-bone and four or five bfoken rtbs. “He is also suffering internal injuries, He regaipe ed consciousness shortly afier belag entered at the hospital. Pastor Brings Injured Here. Rev. Walters, « pastor at Stedle, iaccompanied the injured men ta Wise 'marck, Conductor Grant Wiliams’ of {Fargo was in charge of the train, ‘GREAT NORTHERN | THIRD ROAD TO. FILE TE }T SUIT Fargo. N. D., Nov. 28.—Te Great Northern today filed suit testiag the Adamson law. Thi the third railroad to join in Nori Dakota ac+ ions. |SKEELS CASE DISMTS¢ED IN JUDGE DOLAN'S COURT The case against Wm. ©. Steels,. a former special officer on the James- town police force. charged with vio- lating the city ordinances —~'-*'" to bootlegging. was dismissed tn Judge Dolan’s court at noon tod: The complaint lodged against Skeels, now employed as t:xi “river for Bryan & Son, was sworn to by ‘Walter Kuschka, a brickla"e who claimed that on Saturdev » between 9 and 10, o'clock. 3 jlivered a pint of whiskey ty hin at the Franklin hotel. In his testimony, Skee” that it “was a put wp ie he formerly had arrested for being drunk and sought. spite. He de o<>- ong. called at the hotel :bov' thet bour of jthe night, saying be ‘ee - * porson there by the name of (rant. WAR WRECKS WHEAT Minneapolis, Minn., Nov. 28.—Upoa receipt of advice that t"> ‘ nericam Gonzales, from Juarez, started in the|the military withdrawal follows un-|steamer Chemung had been -surk, morning for Chihuahua aboard. mili-| confirmed reports that Villa has cap-jwheat dropped six cents. December tary trains, It is admitted troops for |tured Chihuahua City, Felosed at $1.82%. ene