The Bismarck Tribune Newspaper, December 8, 1916, Page 2

A tone exquisitely pure, perfect,round- ed and crystal-clear ---makes the Columbia Grafonola “The One Incomparable Musical Instrument” And it is tone that has given Columbia Grafonolas the place they fold. It is their tone—unmatchable in its natural purity and absolute fidelity—that justifies their description as unpar- alleled instruments of music. We are prepared to demonstrate this $100 instrument, play any record you may select, here or at your home. Convenient terms of payment may be ‘arranged, COLUMBIA GRAFONOLAS, $15 TO $350, COWAN’S DRUG STORE Fourth and Broadway “. Or NEWS| HERE FROM WING. William Josephson of Wing spent Thursday in the city transacting busi- ness and calling on firends, eo HERE FROM MANDAN, Attorney General-elect William Lan- ger and Attorney D. B. Shaw of Man- dan were in the city Thursday trans- acting legal business. koe e IS KICKED BY HORSE, Master Robert Larson, son of. Mr. and Mrs, John A. Larson of Sixth street, who was injured. last week when kicked on the head by a, horse, is getting along: nicely. & McKENZIE VISITORS, Among the, visitors in the Capital] City Wednesday and Thursday from 9! sottzer, Elmer Bloomauist. and Mil-} ton Cox, who were here attending ane Farmers’ Union meeting. Pa ar DIES.IN HOSPITAL. Mrs. Lizzie Phinney, aged 57, of Menoken, died Thursday afternoon in one of the local hospitals; Funeral services will be conducted Saturday | afternoon in the Webb Brothers fun- | eral parlors. The body will be taken that evening to her old home in Wis- consin for interment, ‘km WIND BREAKS GLASS. The large plate glass of the Broad- way display. window of the tA. cas & Company store was Wednesday. night by the high‘ ‘wind. ‘he window had just been trimmed that day with a line of holiday goods, ‘A new glass has been orderéd’and the ‘broken’ one will be replaced as’’soon as the glass arrives, which will, be; McKenzie were Mr. and Mrs. Emil about two weeks. aS Tanned Chicken Fried in animal ‘fat, the tender skin of the chicken becomes as tough as cow-hide, and as tesis- tant to the knife as rubber. Don’t blame the chicken. It was probably tender until the animal fat “tanne is of itself a food. ” it to indigestibility. Meats fried in SAWTAY are tender, j juicy and easy to digest. SAWTAY is neutral, It neither ~ gives a taste nor absorbs one. Food ptepared with it offers only the delicate flavor of the food instead of the greasy taste and odor common to fats—even cow-butter: Send for “Sawtay Kandy Kids,” an Illustrated Book of Recipes for Children’s : Patties, Sawtay is Economical — Use one-fifth less and over and over. SAUTE PRODUCTS CorP. AUTO ACCIDENT VICTIM. DEPICTS ~ TRAGEDY SCENE Fargo, N. D., Dec, 8.—‘‘There 1 was pinned between the two machines for {half an hour in a hell of darkness, the | like of which no man must ever have | Known. | \ Half my body was submerged in wat- ler, and for the first 15 minutes, at best ;as I could judge, I could feel the water creep closer, closer upwards toward my neck,” So. spoke Dave. Johnson this morn- ing, a young man 25 years old, the only survivor of the second of two automobile accidents at the Buffalo eo# river bridge near Georgetown, Wed- | nesday night. t a yard from me I could see my fath€r,” said Johnson. “He kept groan- ing. "talked to him, unable to-reach him, but he was unconscious, He could not.answer. On the other side pointed at me Was the gloved hanf\of my. sis- ‘ter, Her arm reached up out of the | water, the only part of her: body vis- ible. Oh, God, it was terrible. Then a dog barked; a man first, then meg came running, and that’s all I- knew until I found myself at a farm house. Stories told by Clay county officials ‘early yesterday morning and their de- tails of the two accidents at the Buf- falo river. bridge were substantiated this. morning in every particular. by. survivors who assisted in the work of rescue, William Messner, a farmer living jnear the bridge, _has told since how his collie dog; Bruce, first guided him to, the spot to find the four occupants of the first machine pinned to the ice, LHETTINGER COUNTY CONTEST IN COURT Defeated Candidate for Sheriff Files Action Against Wel- lington Wright (Special to the Tribune.) Mott, D., Dec. 8.—Constantine Wilhelm, “unsuccessful candidate for sheriff in the recent general election, today filed through ‘Attorney -J. K. Murray, a contest action in district |; court against Wellington Wright, whp; won over Wilhelm iit the Novembe! battle: of ballot Numerous grounds are advanced by ‘Wilhelm for a re- count. William Colgrove, former chairman ofthe Hettinger county’ comihission, and against whom ouster proceedings are now pending ‘befgre Governor ‘Hanna, fifiled through” Attorney: ‘Mur- ray a contest against C,-O. Starke, {| elected county commissioner; in | Vernber, 'when Colgrove as deteate: Both ‘actions are expected to prove very interesting, as theif ramifications inyolve two factions, which have been at war. in Hettinger county for sev- eral years, ROBINSON OALLS SUPREME, COURT PICKED TRIBUNAL ___(Continued from nage one) | January, the same as those of all oth- er <tate officers. Should Hire Lawyer. Chief Justice Fisk in discussing Rob- inson’s contention ‘that the constitu- tion gave the incoming justices their authority."to take office. first Monday in December,.termed the justice- el- ject’s interpretation of the constitu- jtion “ridiculous,” and suggested that Robinson “engage a good attorney] \ to _interprét-the coystitution for him.” Fisk bore down rather heavily on some of Robinson’s remarks as repre-| {senting the views of the-incoming jus- tices and elicited .an enjoinder fram Grace to the effect that he felt “re- sponsible for only what ‘he had said. himself.” ~ “Brother Hobinson;* said Fisk, “as- sumes the role of judge and prosecu- tor, and insists that we have no day in-court: -We are to have no hearing at all, if he’has his-way.” Fools and Crooks. “The ex-judges must regard us as fools,” said Robinson in the course of his remarks, “And you are trying to convince the court that we are crooks,” put in Chief Justice Fisk, + Justices File Briefs. Each-of the retiring justices ac- knowledge the jurisdiction of the pro- visional court and filed carefully pre- pared briefs. Aside from the: oral ar- guments quoted, the justices-elect took no notice of the. provisional court aside from submitting by William Lemke and William Langer, attorney- general-elect, their attorneys, the fol- lowing motion. “At the request. of Judges of the Su- preme court J. E, Robinson, L. 'E. Bird- zell and R. H. Grace,. constituting a majority of the supreme court of the state of North Dakota, William Lang- er and William Lemke appear before you especially to inform you that you have no right nor jurisdiction to, ap- pear here as a provisional, de facto, supreme or any other kind: of court, nor as a board of arbitration, and to assume to hear and adjudicate as to who shall sit as judges of the supreme jcourt during the month of December, 1916, Interested Judges Barred. | “Section 100 of the constitution | reqds as follows: ‘In case a judge of the supreme court shall be in any way |interested in a cause brought before {said court, the remaining judges of ;said court shall call one of the dis- ; trict judges to sit with m on the | hearing of said cause.’ You will note i that by this section, if any judge is in- | terested in a cause brought before the! . | supreme court, and the courts ha~e de-| ;cided that ‘judge’ may mean ‘judges.’ the remaining judges of said court {shall call in one of the district court, jand the courts have decided that ‘one’ may mean two or more, to sit with them on the hearing of said cause. This section can mean but one thing, and that is that the judges who are in ‘district fudges, but in the attempt- \ed proceeding here, the petition shows: jupon its faceand’ admits that all of the judges are interested in ‘the pro- “\ceeding. Justices Bruce and +Chris- outcome, because it affects their term of office and they admit it fn the pe: tition. « made, and justly’so, that an interested’ judge may call in all or part of the judges to page upon matters in which he is personally interested. This’ ‘be-) ing the cage, you are not ‘sitting. here’ as any court,’ and we cannot consent’ to submit this matter to you as a board of aYbitration, because: constitutional questions -are not settled by boards of: arbitration; and especially can we not submit this ‘question to:you as a board of arbitration: forthe ‘reason that boards. of arbitration are not usually selected by one party ta:the sontro- versy. Fairness would have demanded, if this question couid be settled by ar- bitration at all, that/both-sides should: have been invited to select the board. This being the case, Judges Robinson, Birdzel apd Grace elect to stand by the plain'Hyglish language of the con- stitution,’as expressed ‘in Sections 91 and 92, and they have organized and will continue to act as the supreme court,of North Dakota, and they invite Justices A. A. Bruce and A;-M. Chris- tianson’to join’ thent in the perform- ance ofthe, guties of that court... Respectifully submitted, “WM. LEMKE —* &s{WILLIAM: LANGER.” _Take Under Advisement," ‘Thig:unique sesison of the North Da- ter. 7 o’clo¢k last evening, when the provisional court adjourned, ani act- ing Chief Justice Charles. A. Pollock of Fargo: atnounced that the © question would be taken under advisement. The house chamber ‘was well filled throughout: the procéedings, . promi-| nent attorneys from all sections fo the state being in atiendance.: S Certificates Issued. i Certificates bearing' the’ signature of Thomas Hall, secretary of:state, only, were issued the justiceselece early yesterday afternoon,” The signature of Governor’ Hanna could not’ be ob- tained forthe reason ‘that he: was\ in member of the state board of canvas- sers must be attached before’ the cer- _| tificates become effective. ‘The certi- ficates read that the bearer’ shall hold office from the first Monday in Decem- ber, as have read all other certificates issued justices of the supreme court since North Dakota achieved state hood. Will Enjoin Treasurer, ‘We. will, of course,” stated William Lemke before leaving for’ Fargo last evening, “instruct the treasurer to honor no salary warrants which.the justices he supreme court, now re- tired, ': present -for :the:month of December.’ There wasia:legal way of adjusting this matter; everything could:havd been fixed: without trouble had ‘the retiring justices. shown a: de- sire to do so. Ag it ig, we will stand our) gro : Justices, Robinson, Bi: zéll and race form: the majority o! the legally constituted supreme court of North Dakota. .They do not intend to do attything radical; they do:not' pect. beh Win ae the. work of® rt,tbut ‘they do withhold t lupe to review. every act of the su- preme court dating from the first Mon- day: in December.” Hanley Sidgsteps. ‘The provisional court yesterday was. composed of four members. instead of: five, as originally: contemplated_.Judga J..M.. Hank ft Mandan, the dfth It Quickly. Pani Ua Cor hs cnd Golds ‘fo Throat or Chest _ it oy. Xo aust necessary. 1 mustard plaster and does not Dili: Thousands who from “sore ut, s 8; » croup, stift neck, asthma, neuralgi sheadache, .¢ ngestion, ‘pleurisy, rheumatism, jumbag. aches of the hack ins, frosted feet and cols Git ofte:: prevents Pneunionia), Que es Pric ys as follaws: Apples, per,box,..... a $1.60 11 Ibs. sugar for . cipewtee $1.00 Fancy {ult cream Cheese, ‘per pound: .............. 35¢ Tabey Fo Aeon, Pe ae t, No. 3 size can grown, get have it, per. can Pure asta Cider, per Bluebird brand Suceatash,” No. 2 size.can, 2 for” Bluebird brand oe No. 3 size can, Bluebird endl Rhubarb, it. 3 size can, each better rite ‘frying than bate lard and ar chopper. not interested in the cause “mdy-call SAR SORES TER ACORN IR NN | tiansen are’equally interested in: the} Not “Arbitration Question. % “Consequently, there is no provision; kota supreme court continued unti] af-|. Mandan. The signature of-one other |” This. store is | showing the member, was present in the court, room, but he did not act, withdrawing after being served with the order of] the new, supreme court organized at noon yesterday, which dented his jur- isdiction. CHICAGO HOLDS KEY TO H.C. L. SAYS EXPERT 4 (@ontinued from Fase One) Aay be presented and studied in the light of free discussion’ by one and all of the until now largely isolated groups and individuals engaging’ and |; competing more or less _ haphazardly in them. The meat situation in the United States is easily the’ most important subject to which this conference, of which Chas. ‘W. ‘Holman’ is’ executive} secretary, will turn its attention: “and as the..soaring price of beatsteak..is eat display of Diamond Lavaliers at. attractive prices in the city. Bound: in Red Leather, Gold Stam; Containing a collection of the North Dakota Post's larg- be placed before you. for ap- sored Pall at this store before buying. Folsom Ss. Jewelry Opposite Postoffice the/one in which the workers of the nation. are also mos: vitally interest- ed, and by far the most typical one in the business of the high cost of living, it is the: one’ to which I kave turned.my: main at tioa in my tour of investigation iu (1 . (Tomorrow, in my firstvarticle ja) on?“Thé High Gest of Meat, 1 IS ALL. and Limberger. We have on tap Dpffy’ 8 quantity you like. Fancy Dressed Turkeys Fancy Dressed Chickens Brookfield Sausage .... Select Oysters in bulk ‘sh pounds: Zelespedirapes F Fancy | Head Lettnee, each: That will Delight, Satisfy and Serve as a Remembrance for Years to Come “The Way of Smiles” By James W. Foley and the “Myths and Legends - Of the: Sioux” By Mrs, Marié L. McLaughlin, “The Way of Smiles” , Deckle Choicest Poems Now Ready for Delivery Price $1.25 “Myths and Legends ot the Sioux” A new and interesting volume of Indian Jere also just off the of The Tribun FIRST EDITION NOW.ON SALE Itis beautifully written, well printed and most profusely -illustrated with cuts of This volume should be in every well selected _ Price per copy $1.50 on sale at © HOSKINS and the Bismarck Tribune ¥%, £4 OGRE Bverything: the market atfords city Thursday. But we have just in, Fancy Swiss Cheese “also Brick MEAT DEPARTMENT Bdge Paper drawings” will describe to you tie process by which your-meat reaches you with some sidelight statements by experts’as to whether or not - this. method.4s. tiie. cheapest and best way possi? «.) Victor mong ..the business visitors in fhe SOLD pure apple cider, jn any é Fancy Dressed Geese Spring Lamb Premium Hams and Bacon Binepoint in the shell library TRAE St 2 j Mercer of Sterling was 4 ) a!