The Bismarck Tribune Newspaper, December 7, 1916, Page 1

+ eer THIRTY-SIXTH YEAR, NO. Sitting Ae Supreme Count NORTH DAKOTA HAS TWO 100 MANY COURTS Three Tribunals Exist for State Today—Each With Some Leg- al Authority PROVISIONAL BENCH TO DETERMINE CONTROVERSY Order Issued Last Saturday Was Returnable at.2 O’clock This Afternoon Sitting as the supreme court of North Dakota, Justices-elect Robinson, Birdze]l and Grace at noon today di- rected an_order to district court mem- bers. of the provisional court assem- bled for 2 o’clock this afternoon to determine the present controversy between justices-elect and retiring justices, advising them that the sub- scribers, as the supreme court of ‘North Dakota, denied the jurisdiction and refused to recognize the existence of: the provisional court. Judges Pollock, Crawford and Leigh- ton were served' at noon, while Judge Nuessle and Judge Hanley, who com- plete the provisional panel, were-serv- ed upon their arrival from the, east and respectively. The Court’s Order. The order follows: ” “Whereas, At the last general elec- tion J. E. Robinson, L. E. Birdzeil and R. H. Grace were each duly ‘elected to the office of judge of the supreme court, to hold said office for six years from the first Monday of December, 1916, pursuant to the constitution, and they have duly qualified and organ- ized and entered upon the discharge of their duties as the supreme court} of the state; “And whereas, The former judges, the Honorable Charles J. Fisk, FE. T. ‘Burke and E..B. Goss, wrongfully claim the right to hold over after the termination’ of, their office on the first ‘Monday of!December; “And whereas, You'are invited to appear and assume to act as a court forthe special purpose of determining in a summary manner their lain or right 40 hold ‘office: “The said invitation is made under Section 100-i6f the constitution,. pro- viding. that‘'n case a judge of the supreme ‘court ‘shall! be in any way interested. {ia cause: brought before said court, thé remaining judges of said court ‘shall call one of the dis- trict judges-to sit with them on the hearing of satd‘cause. It shows that you are not-¢alléd to sit with any of the judges ‘of the supreme court on the hearing of ‘any cause and that there is no cause or action pending in said court against the parties named as respondents and that in the al- leged cause all the judges holding office are interested and that they have no right in any way to constitute @ new supreme court. “Therefore, By the supreme court of North Dakota and by the under. signed, duly elected and qualified and acting judges, you are advised that you have no right or jurisdiction to appear as a court and to assume to hear and adjudicate said matter, or|’ to appear as same. “Dated at the capitol in Bismarck, North Dakota, this 6th day of Decem- ber, 1916. “By the Supreme Court of the State of North Dakota, court to consider the “L, E. BFRDZELL, “R. H. GRACE, “Judges of the Supreme Court.” Two Courts Too Many. For the day North Dakota has three supreme courts, each of, which -may regard itselfas the one and properly constituted tribunal. They are: First Court—Chief Justice C. J. Fisk and ‘Associate Justices E. T.! Burke, E. B, Goss, A. A: Bruce and A. Christianson. Second Court—Chief Justice And- rew A. Bruce, Associate Justices A. Christianson, Luther E. Birdzell, J. E. Robinson and R. H. Grace. Third Court—Chief Justice Charles A. Pollock, Associate Justices W..L. Nuessle, J. M. Hanley, W. C. Crawford and K. E. Leighton. For the immediate present, the third named would seem to have slightly the better of the argument. It is recognized, for the once, by the first court, and it has constitutional authority for sitting today at the re-! quest of ‘the first court. . The second; court, or the majority of it, composed of the three justices- elect named at the recent general elec- tion, claims its rights from the consti- tutional clause which provides that newly elected members ‘of the su- preme bench shall serve from the first Monday in December. The trio’s elec- tion certificates, which will be issued some time today, if the state canvas- sing board completes its work in time, will read “from the first Mon- day in December,” and whether the court is seated now or put off until the first of January, when other justices- elect have been seated, it will con- tinue to regard itself as the one and only legally constituted supreme court for North Dakota during the month of December, 1916. Provisional Court Sits. The provisional court consisting of the five district.juges called in by the old supreme court ‘convened at 2 o’clock this afternoon, for which hour it had summoned Chief Jus€ice Fisk and Associate Justices Burke and (Continued. oa Page. Two) ‘ASSOCIATED PRESS WOMAN MAY CAUSE “GHANGE IN CABIAE Thos. ‘W. and Mrs. Gregory. Mrs. Gregory may cause a change in President Wilson’s cabinet by the re- signation of her husband as attorne) general. It is said he asked her hus- band to resign so she may go back to her Texas heme. STEELE MAN TO BE DEPUTY FOR CARL KOSITIKY 0. B. Lund, Retiring Treasurer of Kidder County, Gets Ap- Peintmentt GREENWOOD TO REMAIN DAIRY COMMISSIONER O. B. Lund of Steele, retiring treas- urer. of Kidder county, is to succeeil W. R. Edwards as deputy state audi- tor, The. annoumsement \was Yesterday by Carl Kositzky, state aud. itor-elect. Mr. Kositzky stated, how- ever, that'he Nopes to retain Mr. Ed- wards’ services for the’ present at least. t Dan McPhee will remain in the State auditor’s office a chief clerk. Miss Keiton of Mercer will become Auditor Kositzky’s personal stenogra- pher. ‘No changes in the office staff other than those named are contem- plated for the present. Greenwood Keeps Job. Among present appointive officials who are billed to keep their jobs un- der the new administration, is E. A. Greeriwood, dairy commissioner. An- other deputy who does not stand much chance losing out is J. O- Lyng- stad, John Steen’s right bower in the state treasurer’s office. Lyngstad has served As deputy for Steen from the time the kugby man took office, and he has made good. The Governor’s Secretary. The governor’s secretaryship had’ een nicely lined up when a little fra- cas in the ranks over th® proposed ap- pointee kicked the beans into the fire. Now the secretaryship is somewhat up in the air. The deputyship just vacated by John Andrews in the secretary of state’s office is yet to be filled. Sec retary of State Hall says he has two good men in view and that he has not quite made up his mind between them. Austin Will Stick. For the present, at least, W. D. Aus- tin will retain his place as deputy in- surance commisioner, Austin is gen- erally regarded as a first-rate insur- ;anmce man, and S. A. Olsness, the in- coming commisioner, being little vers- ed in the technical features of the bus- iness, will find the experience of his deputy a valuable aid in readjusting the office along lines proposed in the Non-Partisan planks, adopted by the two principal parties. MacDonald Keeps Quiet. Neil MacDonald, the incoming sup- erintendent of” public instruction, has said nothing to date on the subject of tappointments, There will be one cer- tain vacancy, that created by the re- signation of W. E. Parsons, deputy ‘superintendent, who. becomes superin- tendent of school in Burleigh county January Li wale. Sale TWO CARDINALS GET RED CAP Rome, Dec. 7-—Two new cardinals ‘were given the red cap by the pope at his public consistory here today. Both new cardinals are former papal ,Duncios. They are Mgr, Count Raf- ;faele Scrapinelli, former papal nuncio at Vienna and Mer. Fruewirth, former papal nuncio at Munich. | Pope Benedict will deliver an ad- dress in which he will outline the Vat- Nican’s neutral attitude in the war and pray for a cessation of hostilities as soon as possible. He will make a plea for the continuance of Catholic pray- ers for peace throughout the world. , This public consistory follows the se- leret consistory of the pone on Decem- jeer 4. nade} King Boreas Spills First Icy Whifts Late Yesterday—Four Below (Prince Albert Last Night WILLISTON COLDEST POINT IN NORTHWEST—4 ABOVE Distrubance Is Central Over Min- nesota and Iowa This After noon in Drive East The first win- try Whiff from King Boreas cut its path through North Dakota; late yesterday af- ternoon; causing a drop in temper- ature from 37 de- grees at noon yesterday to 21 degrees last night and bringing’ a h a precipitation of 05 of an inch. In his dash southward the king shook off most of his frigidity, for at Prince Albert a temperature of 4 de- grees below was reported as the low- est last-night, 4 degrees above as the lowest at Williston and 21 degrees above asthe lowest for Bismarck. The disturbance which has caused such unsettled weather conditions during the past 24 hours, resulting in snow and high winds, is moving east- ward and is central this afternoon over Minnesota and Towa. Much higher pressure follows and will re- sult in fair weather tonight and Fri- ‘| day, with lower temperature in the east and the south portions tonight and rising, temperature Friday. Galveston held the highest temper ature last night, with 66 degrees; Prince: Albert, with 4 below, and’ Wil- liston with 4 above being the coldest spots in the’ northwest. SECRETARY WILSON DEPLORES SYSTEM Washington, hea ‘Marshaling armed thugs to quell labor disputes was denounced as a menace to the nation’s industrial peace and prosper- ity in, the annual report of the feder- al department of” labor, Submitted to congress today. . Secretary of Labor Wilson, in ‘com- menting on the situation, said there was a general disposition on the part of the employers to recognize the workingmen’s rights and bargain col-, lectively with them for better wages HUNDRED MILLION LAND BANK BOND ISSUE Washington, Dec. 7.—The United Press learned that farm loan banks will declare $100,000,000 bond issue. It ig to be made shortly after the new banks open their doors for business. WANTS COURT TO ENFORCE STOCK REFUND CONTRACT Bart Guild started a suit today against Marsh & Fentress for per- formance of contract to buy 21 shares of Courier‘News stock in the event he retired from the company. Guild was discharged Monday ‘by Brinton, thy 1p Non-partisan Publishing company’s manager of The Courier-News. MR. HUGHES HERE. Rev. John A. Hughes of Aberdeen, 8. D., but formerly of this city, is spending a few days here calling on friends. Cut Paths Across North Dakota FACTIONS BISMARCK, NORTH DAKOTA, THURSDAY, DEC. 7, 1916. Tae Denies Jurisdiction __UNITED PRESS FIVE CENTS NEW PREMIER FACES. BIC 0B; Lloyd George acon ‘Encounters Bitter}. Opposition of Political Cliques QUESTION 18 WHETHER HE CAN FORM CABINET Greek, Muddle and Rumanian Dis. aster Lead To Downfall of » Asquith Ministry London, Dec. 7.—The supreme ques- tion of. the hour is whether David Lloyd-George will succeed in forming a new cabinet. He has been asked by King George to form ainew ministry; following the retitement of the As- quith regime. Against him is bittérness. of the po- litical, factions and refusal of some members of these cliques to serve in the new ministry: The crisis may reach such a point that an election will be necessary to decide the issues at stake. Lacked Firmness. An editorial in one of the leading newspapers of Rome says that the As- quith cabinet Jacked firmness, deci- sion and initiative and was indirectly responsible for the Greek muddle and the Rumanian disaster, This journal expresses the hope that the new minis- try will be politically stronger and in Here Girls BITTER po ts Learn These First irst Aids Couples Gives Bijes | Advice ANARCHY, TERROR AND DEATH FATE OF RUMANIA AS. TEUTONS ENTER PARIS. OF BALKANS SHUN ROUGE POT military affairs more successful. Northcliffe’s: Statement. Lord Northcliffe, England’s fore- most publisher, one of the strongest figures in British public life today and the man who through constant itera- tion’ in his*great:fiondon newspapers of demand for greater unity, aggres- siveness, efficiency “and force in Ehg- Jand’s conduct of the war, really was responsible ‘for the shake up in the|/ British cabinet in a written state- ment for the United Press today, de- tailed his.own personal;pelief of what that shakeup means \to<gogland. Hip Statement follows: » “Lloyd George has given the knock out tq the gang of aged or inept medio- erties, who. have prevented the Brit- ish empire from exerting its full force in the war. Whatever happens these malevolents cannot get together again. Whatever government arises:cannot but be an’ immense improvement on that which has disappeared. “Lloyd George: is one of ‘the few British statesmen who: understand the United States and I look for good relations between Great Britain and the republic as a result of his force- ful action of yesterday. Bonar Law is a safe man and if he becomes prime minister, he will be the first Canadian to achieve an honor equal in dignity and importance to your president.” . Serious Obstacles, Those familiar with Lloyd George’s determination, resourcefulness, per- sonal magnetism and good luck are entertaining serious doubts whether he can surmount the obstacles before him. It is thought that he will make a vigorous appeal to all parties to sink their political differences | with the single purpose of energetically continuing the war. If successful, it is believed that Lloyd-George will carry to even greater extent than pro- posed, the powers of a plenary war council, probably limiting the actual working cabinet to five or six mem- bers in complete accord with each oth- er. The house of commons met’ and-ad- journed without announcement of the new ministry. After a two-minute ses- sion it adjourned until next Tuesday. The labor party has agreed to parti- cipate in Lloyd George's new govern- ment. | J cated and body painfully bruised. AND POWDER PUFF When He Speaks Listen, It Is In- cense To His Pride—Silence Is Eloquence Oakland, Cal., Dec. 7.—How to win a husband is told in Rev. John H. Pierce’s “ten commandments” for girls seeking the royal road to matri- mony today. Rev. Pierce has mar- ried 4,000 couples in 30 years. Here are his commandments: First—Plan your campaign with the wisdom of the serpent, conceal it with the silence of the clam, execute it with ‘the strategy af Machiavelli, Second—Avoid all witticism about marriage. Third—vVeil with alluring helpless- ness the iron of self-sufficiency. Fourth—When a man declares “1 shall never marry!” mark him for]. easy prey. Fifth—Be inwardly bold as a lion, outwardly timid as a fawn. Sixth—The loudest flattery is the silence of attention. When he speaks listen. It is incense to his pride. Shun Rouge. Seventh—Shun the rouge pot and the powder puff, for many, a maid has lost out by sailing under false colors. ®ighth—Pick out a chemical affin- ity. Remember, ofl won’t mix with water, but it will with myrrh. Ninth—Copy the cat, for it is squeezable, and the dove, for it: cooes caressingly, and the whippoorwill, for it seems elusive. Tenth—Remember that the preme: test of a man is a kiss. will not yield under its pressure, scorn him; he is either brute or idiot. su- If he TWO KILLED; AUTOS SKID OFF BRIDGE Bucharest Evacuated Amid Strenuous Rear Guard Fighting Against Swift Advance of German Armies GOVERNMENT INCREASED SUFFERING BY ORDERING SUBJ ECTS FROM HOMES ALLIED FORCES EVACUATE BUCHAREST AND PLOSTI London, Dec. 7.—Bucharest and Plosti have been evacuated by the Allied forces in order to shorten the lines in Wallachia, of- ficials say. Berlin order, ac first admission on the part of th had fallen, Dee. 7—The Rumanians evacuated Bucharest. in ding to Paris dispatches, saving the army. good This is the e Allies that the Rumanian capital’ At every hundred yards there is something: dead or dying in Rumania. The entire nation is a bloody, reeking shambles, MAD WITH TERROR nigh The country is mad with terror. Misery of the inhabitants is. ter Rumanian government itself which ordered all eitizens Anarehy and chaos reign. , Most of this is due to the to leave rible, their homes as the Germans advanced with almost increditable swift- ness. The Rumanian rear guard continued to fight strenuously « to save the capital from disaster, but their efforts were in vain. FARMERS IRR AGAINST ANY FOOD EMBARGO In Big Frolic ; Wednesday Night, ‘Farmers Celebrate Dedication of Elevator “~ St. Paul; ‘Minn., Dec. 7.—Resolu- tions opposing the proposed federal VICTIMS RECOVERING, Fargo, N. 'D., Dec. 7.—All four injured victims of the George- town accident, in which two per- sons were killed tast night, when two autos skidded off a bridge over the Buffalo river, are report- ed this afternoon to be recover- ing satisfactorily. Fargo,.N. D., Dec, 7.—C, J. Johnson, 60 years, and his daughter, 30 years, name unknown, are dead; Ole Bol- stad, 40, and. Gilbert Estensen, 26, ‘both of Hendrum, are not expected to live, and Ernest Estensen, 15, and Jo- seph Stennés, 22, also of Hendrum, suffered severe injuries when two au- to: skidded on the sleet through a bridge railing and crashed 20 feet to the river below, one mile east of Georgetown, Minn., last night. The two accidents took ‘place with- in an hour's interval and were not discovered until fully an hour after- wards, owing to the lack of travel at the point. As near as Clay county officials could learn last night, the sec- ond accident must have happened at 10:30 o'clock, one hour and a-half later than the first. Johnson was instantly killed by a blow over the left eye as the machine fell to the ice below. His daughter is believed to have attempted safety by jumping from the car. She was thrown onto the ice, her body break. ing through the thin frozen crust and death resulting from drowning.’' The young son of Johnson was pinned un- derneath the machine, his leg dislo- NEW YELEVATOR Or THE EQUITY CO-OPERATIVE EXCHANGE New Farmers Elevator Dedicated | | , which is advertising, the January car ‘and selling movement is gaining in ‘the United States was ;the meeting this evening, but will ar- embargo on grain and food were drafted by the Equity Exchange con- vention and forwarded today. Quite a sensation was caused on the floor of the convention ‘today, when the farmers of three states the Equity operates on the largest seale, cheered wildly the recommend- ation of the resolutions committee. It is this organization and its associa- tions that recently swept North Dako- ta in the last election. The convention ended today with the passage of resolutions against price discriminations in purchasing grain, and a law giving the shipper of grain a lien on any membership in a speculative grain organization. E. C. White, Buffalo, Mont.; J. M. Anderson, president of the Equity so- ciety; J. C. Crites, general manager of the Equity exchange; C. J. Erandt, personal representative of Woodrow Wilson, and A. C. ‘Schmidt, managing editor of “The Organized Farmer,” were on the program for today’s con- vention. Attacks Big Business, In the dedicatory addresses Wed- nesday, Robert Bridges, of Seattle, urged public ownership of ‘all public utilities and fiercely attacked big bus- ines. He declared they were trying to keep the common people in ignorance so they will not assert themselves and urge government ownership. He charged the newspapers with be- ing subservient to the same class and said that they refused to disseminate information relative to public owner- ship. In the evening the delegates gave themselves over to red fire par- ades and jollification. The farmers were guests of the St. Paul outdoors winter sports carnival committee nival. How the great co-operative buying shown by charts and exhibits opened this morn- ing at the convention headquarters. C. J. Brand, chief of the market divi- sion of the federal department of ag- riculture, was scheduled to address rive too late. A. C. Schmidt, editor ot The Organized Farmer, asked all business men present to hold up their hands. Two hands went up, Then Schmidt scored the audience, He said the farmers are the biggest business men in America, and that they should consider thempelven.ae\sucl as such, HLA PREPARES SECOND RAID El Paso, Texas, Dec. 7.—United States authorities think that Villa, after equipping his army with loot stolen from Chihuahua City, is moving again, splitting his army into small units. He is directing them from San Andreas. ON THE UPPER LEVEE 4 — of the Democratic party has finally re- en THAN MILLION ON ELECTION Washington, Dec. 7.—The treasurer ported receipts of $1,008,348. The expenditures were $1,684,53: Four Capitals. With the fall of Bucharest, the cen+ tral powers are in possession of four capitals of entente allied states, the other being Brussel, ‘ Belgrade and Cettinje. In the northwest, in the Carpathten region, near the Bukowina frontier and along the Moldavia front, the Rus- sian offensive begun as a diversion against the Teutonic advance into Rue. mania, apparently is meeting with’ lite tle success, ‘ To one who for the past ten days has followed the advancing German troops by automobile over .,200, miles through Craiova, Alexandria, ,Sjatina an@: Pitsei;Bucharest isnot: the-sole object of the German offgnsive. To such an ‘observer, Germany's : object is the destruction of as much of the Rumanian army as possible, prepara tory to a march toward Russia, pere haps with Odessa as the final goal. The German operations are moving forward here on a gigantic scale. For. miles over Rumania’s . roads, thous- ands of columns pass in a ceaseless moving picture. Besides these ad- vancing columns are. wagon trains of desperate-looking refugees and in the villages, packed with troops are the ‘Rumanian army prisoners. Desperas tion of the Rumanian army’ staff in its efforts to mobilize all possible forces against the German aivance was evidenced today, when a force of landsturm troops, clad’ in. civilan clothes and armed with hunting: ri fles, was captured. Their ammunition was lead bullets fitting the sporting rifles, Proceed to Black Sea. Campiani and Sinaci have been: oc- cupied in addition to Bucharest. The Germans are continuing their’ prog- Tess toward the Black Sea. Russian troops have covered the left flank of the Rumantans retreat: ing from Bucharest. Official reports state that Bucharest was evacuatell at noon yesterday. City Deserted. Bucharest was almost deserted by civilians and soldiers when the Ger- mans occupied it. The city was not demolished. Central Powers’ detailments captur- ed ‘a garrison of 40 Russians at the Russian outposts west of Lucken Le: gar river. Along the same front Teu- ;tons maintained positions despite five night attacks, On the west front the Fifteenth regi= ment of infantry succeeded in enter ing the French trenches and capturing Hill No. 304 on the west bank of the Meuse, This position is located south- west of Malancourt, where there were very heavy engagements this sum- mer. Blockade of Greece will be declared as a reprisal for riots in Athens in which French marines were fired up- on, Berlin—(Official—Dec. 7.—The_ Rus- sian offensive in the wooded Carppa- thians is continuing, with temporarily increasing fire in the Moldavy and the Forefield districts. Skirmishes north of Dornavataro, and in the Trotussel valley are reported. All attacks have been repulsed. TO ARRANGE FOR WILSON INAUGURAL Washington, Dec. 7.—The house has named Rucker of Missouri, Garret of Tennessee and McKinley of Illinois to make the arrangements for the second of President inauguration ‘Wilson, March 5, , 1