The Bismarck Tribune Newspaper, December 11, 1916, Page 1

v JUDGES ELECT ‘ their election. The Weather Partly Cloudy. THIRTY-SIXTH YEAR, NO. 294 THE BIS UNITED PRESS CK TRIBUNE BISMARCK, NORTH DAKOTA, MONDAY, DEC. 11, 1916. ASSOCIATED PRESS Home Edition FIVE CENTS Tae pre ee ulgars on Russian Soil; ‘Greece Sends Ultimatum |Wed To Cut Living Cost! ‘New York, Dec. 11—New Yorkers MUST WAT TIL | cn sc FST. OF YEAR may = . Applications for marriage licenses increased from Provisional Court Rules That Re- tiring Justices Serve Until January 1 100 to 140 daily during the past RESORT TO ARMS WOULD BE SOLE ANSWER TO ROBINSON month, Here’s the way Miss Rose, Gold- stein, 20, explain- ed how two-could live as cheaply as one ‘a few min- utes - before ~ she became Mrs. Ija- vid Rappaporte: . ——— “I am = paying Taras Doers Mateo Maat OF ieee Would Exist Were His Con- ee eae Ona ee barat “Carried to its logical conclusion, paruWe.cen bay our sroceren anges their céntention would bring us into! than $12 a week. Then, too, we can that singularly unfortunate state of|rent an apartment for what the two confusion where one‘ body of men injof us are paying for rooms.” office claimed the right to sit and an-} Patrick Scully, city clerk, admits other, not having possession, assert-| there has been a tremendous increase |. ed the same right, The matter would] in applications for marriage licenses, then have to be determined by purely| but does not know if it is due to the the right of possession or a recourse| high cost of living. to physical force, wheré the members| “It may be that or it may be that of the highest judicial branch of the|the increase is due to the fact that government must settle the disputed} men are better; able to support wives. question by the arbitrament of arms | thfs year than they were in 1915,” he Such a humiliating spectacle in civu | Says. “Men are getting better wages.” ized society ought not to exist,” js the eee oer er finding of the provisional supreme court of North Dakota in disagreeing with the judges-elect in their conten- tion that there is no tribunal. in the state which can settle the disputed jusice of the supreme court, and in « holding that the retiring members of x that tribunal shall serve until the first of January and that the justices-elect ’ shall take office January 1, 1917. ts a Supreme Court. “This court as now constituted is as much the! supreme court of the state of North Dakota as though the mem- bers thereof had been elected to that Min: H i position. by the people themselves, for Secretary of neapolis Civie and Comm Associati adopting the constitution said that the Commerce ee tribunal as now created should be or- ganized in the form in which/it is, in — cases where the elected and acting] Howard Strong, secretary of the supreme court judges were disquali-| Minneapolis Civic & Commerce asso- fied,” reads the opinion of the provi- sional court. : Only One Question Involved, speaker at the annual luncheon and “Upon the whole record, therefore, election of officers of the Bismarck the sole and only question remaining! Commercial club, to be held at the for decision is whether the term of Hotel McKenzie on Friday noon. Defi- the first Monday in December, 1916, | ite announcement of the date was de- or the first Monday in January, 1917.”; ferred until Saturday night, when a The court's findirigs are: wire was received from Mr. Strong District judges, when » called by advisingsof his ability to be here Fri- members of supreme court, upon :re-, day. porting for duty are clothed. by, the It is anticipated that in the neigh- constitution with all the powers of|borhood of 250 covers will be laid, and justices of the supreme court, to the|it is hoped to make the luncheon as same extent as though they had been| Successful as the one which marked regularly elected and qualified to fill|the visit of Edward F. Trefz, field such positions. | secretary of the United States cham- ber of commerce, a year ago. constitution carried forward and be-; _ Represents Great Organization. came the law of the state, of North! Howard Strong is the executive and Dakota. The constitution was adopt-| general manager of the greatest or- ed in view of a general statute of th. | 8aization of its kind in America and territory, which by its terms fixed tho} perhaps in ‘the worlu. No commercial date of the commencement of ‘the!Club or chamber of commerce has so terms of all state officers: upon: the| Well fulfilled its mission as has the first Monday in January, succeeding | Minneapolis Civic & Commerce asso- ‘ciation, and much that this organiza- tion has done has been due to the wise leadership and capable general- question as to the tenure of office of the simple reason that the people in Here » Friday. office of the judges-elect’ commences; Territorial enactments were by the; ship of Mr. Strong. Section:92 Defined. : The reference in: Section 92. of the Constitution to the tenure of office of the judges of the supreme court and their holding such offices: from the first Monday in December, 1889, had reference wholly to: the three judges first elected. Judges of the supreme court are state officers, and all the members thereof, save the first three, begin their terms of office on the first Mon- day in January following their elec- tion, under Section:$78, compiled laws of 1913. . Precedent Establishes Rule. The construction of the constitution as here declared, while never an- nownced in a contested case, has for 24 years been followed by the judges of the supreme court in entering up- on the discharge of the. duties of their respective offices. This uniform rule of action, acquiesced tn without a single exception for so long a period, constitutes a practical construction of the constitution which cannot now be avoided. Certificates Immaterial. The court takes judicial notice of the fact that judges-elect, Robinson, Grace and Birdzell were elected and will be entitled to take their seats on the first Monday in January, 1917. The fact whether or not a certificate of election has been. issued to them, is therefore immaterial. However, if is- sued, no administrative officer has power, by giving a certificate to that effect, to cause a term of office to be- gin prior to the time when so provid- ed by the constitution. Respects to Robinson. The provisional court pays its re- spects to Justiceelect Robinson in the following paragraph: “During the course of the argument herein, James E. Robinson, one of the judges-elect, threatened that upon tak- ing their seats the judges-elect would! put aside and render nugatory the as well as those of the court wherein Judge Fisk, Goss and Burke have tak- en part since December 4. Such an unheard-of proceeding probably never before occurred in a court of justice, and we cannot bring ourselves to be- lieve that the remaining justices- elect will support any such revolution- ary action. Such threat, however, ought not to deter this tribunal from performing its duty. Without our (Continued on Page Four) The Minneapolis secretary is a forceful convincing speaker. His talk Friday will be short and to the point. Luncheon will be served promptly; the election of directors for the ensu- ing year will be held while the cours- es are being served, and the meeting from first-to last is expected to con- ‘sume not more than an hour and a thalf. Invitations are attended to every Commercial ¢lub member, as there is a large amount of construc- tive work in view for the club during the ensuing year, and much depends upon the choice of directors to suc- ceed the present board, which has ‘gerved successfully during the past ‘wo years and which feels that it is entitled to retire on its honors, _President’s Report. The only talk to be given Friday aside from Howard Strong's practical, pithy address, will be a brief state- , ment of the situation of the club by President C. L. Young. The secre- tary’s and treasurer’s reports will be printed, to be digested at leisure. The only price of admission will be the teost of the luncheon. There will be no extras. \| Cupid Committee i To Aid Dakotans’ Hunt for Brides Chicago, Dec. 11—So many Chica- go girls want to go back to North Da- kota as the wives of the bachelor far- mers who came here in special trains |for the stock show and horse fair and |who promptly advertised their desire } cial cupid committee was named to- day. The committee consists of Bert i who have agreed to see that inquiries {are forwarded to suitable men. | Six more bachelors joined the wife- ; hunters today, all from Rolette, N. D., |and headed by Ray Law. | “We are just as good looking as the trest of the boys, and we all want wives,” Law said. Law’s comrades were Paul M. Shan- inon, Nels Nelson, Edward Johnson, John W. Grant, C. Oscar Myhre and J. S, Armstrong. not to remain bachelors that an offi-| GMALLERHERDS [Kaiser Gives ||/AVI) CEORCE [Will Assise Lloyd George & 0 ONE REASON FOR HIGH COST Cattle Production Has Had A Ser- ious Slump Within Last Few Years BREEDERS ASK FOR FEDERAL INVESTIGATION \ Milch Cows on Farms Show Big Decrease in Last Five Years (Editor’sNote: This is anoth- er in a series of stories by Cor- regpondent Burton, in which he is trying to find out the reasons for the present skyrocketing of meat prices, and what remedies there are for this, if any. This article, and those following, take up and expose the meat situation in the United States more thor- oughly and accurately than it has been done before.) By H. P. BURTON. Chicago, Dec. 11—One obvious fact soon emerges from the clouding mass of detail that intrigues any impartial study of the problem of how the Unit- ed States is to get cheaper meat, and that is this: That we must produce more ani- mals {rom which this meat is to be derived. For as a statement of plain fact, it should be understood at once that while we have been increasing in population, the number of cattle we raise has been dwindling—exact- ly the reverse of what should have been happening. ud Supply Compared. In 1896 we had 32,000,000 beef cat- tle. In 1907 we had 51,000,000 beef cat- tle. . In 1915 we had 37,000,000 beef cat- tle, ‘These figures represent strategic points in the curve of our cattle pro- ciation, wil} be the principalyind only {duction, which exhibits a steady rise from .1$96.to 1907, and from then on betrays what amounts to a steady low- ering, although during this entire pe- riod our population has been growing by leaps and bounds. The “sheep eurve”’is likewise unto it: In -1896 we had 38,000,000 sheep. In 1910 we had 57,000,000 sheep. In 1915 we had 49,000,000 sheep. Shrinkage. This illustrates the same ‘tendency to shrinkage in production of sheep as is shown in the instance of cattle; in the case of swine alone an upward trend is visible, the number of swine that were available in 1896 being 42,- 000,000 and the number in 1915 hav- ing risen to 64 millions, (But it is to be remembered that swine take only eight months to mature for market and are therefore more easily sub- jected to current economic conditions. An ample confidence in the future {must enter largely in to the business equipment of the producer of the more slowly maturing beef and sheep; else he will probably see fit to narrow his scale of production until it comes practically to a point of futil- ity. The serious shrinkage in the num- bers of major animals is further shown in an official government ani- mal census: Big Decline. On January 1, 1907, the number of cattle and milech cows~ on United States farms was 72,: 96. On January 1, 1912, the number had declined to 57,959,000. This represents a loss of 15,000,000 or twenty per cent in five years! “And while this loss was taking place,” declares the bulletin, “it must be borne in mind that in the last ten !years the population has increased by. 5,000,000—a gain of 21 per cent. In other words, two cattle were lost in those ten years for every man, Wo- man and child gained! =e s What are the causes of the falling- off in the production of cattle when practically every other business in the United States seems to be grow- ing at a rate unsurpassed in the world’s history? This question is leading, and brings us at once to the very bottom, to the foundation, of the pyramid that, sxp- ports the business of the great meat packers of the United States—the Swifts, Armours, Morrises and Cuda- hys— who pile up their millions of dollars every year from the business ‘of killing and dressing meats for the people of this and other countries. These men, the ones who make pos- )Sible the packers’ businesses, include ,two great groups of growers, the “breeders” and “feeders” of cattle, sheep and hogs. About them the whole pulse of western life beats, and j without them the red current of the business life of the plains would be greatly stagnated, if not nearly still- ed; a condition which certainly would be widely reflected, too, in our cen - acts of this court as now constituted,’ Green of Sherwood and A. G. Sorlie,|ters of commerce since it would affect very deeply our vast trade in grains hides and wool as well as in meats themselves and various other import- ant commodities. Now toward the falling off of pro- duction in this most important of all our industries, and the consequent \great rise in meat prices, what part do these breeders and feeders play? Are they responsible in any way, iprimarily, for soaring costs, ar are (Continued on page 4.) Hindenburg Grand Cross Letter Congratulates Success of Ruman- ian Drive In Personal Him on CALLS HIM FIRST “OF MY GENERALS” ANNOUNCES. HS WAR MINISTR Small Body of Five To Have Con- duct of Military Pol- icies Says Triumphs in Balkans Augur/ EDWARD CARSON FIRST Well for Future of Father- land Berlin, Dec, 11.—Emperor William has conferred upon Field Marshal von Hindenburg the Grand. C of the Iron Cross with an autograph letter, in which he said: “My Dear Field’ Marshall: “The Rumanian campaign, which, with God's assistance, already has led to such brilliant successes, will be valued in the war history of all times as a bright example of the strategic art of genius? You havet again con- ducted great operations with rare pru- dence as regards splendid arrange: ments, with the greatest’ energy in carrying them out, and you proposed to me with far-seeing: thoughtfulness measures which directed the Way to separately marching columns for a united blow. “To you and your well tried assist- ants of the general staff the thanks of the Fatherland again are due. With proud joy and = satisfaction it has learned the news of victory and with sure certainty, full of confidence in such leaders, looks into the future. But I desire to give especial expres- sion of my deepest thanks by con- ferring upon you as‘ the first of my generals the grand cross of the Iron Cross. “Your grateful and always very af- fectionate king. WILHELM.” GRY OF REBELLION RAED. BY SIM “FENERS DF EK Cork, Dec. I1—Two hundred Sinn Feiners marching into a hall here yes- terday stopped a charitable perform- ance for the families of soldiers. They sang songs and began shouting for re- bellion and down with recruiting. SHOULD GET MORE SALARY The American eration or Labor is directing an organized effort to raise salaries and wages of every fed- eral employe from the president down. The resolutions say that salaries have not been increased to keep pace with the high cost of living and re- commend an increase of from ten to 3 percent. PROGRESSIVES. PLAN BIG COUP New York, Dec. 11!.—Progress' Republicans plan to take over the R: publican party bodily. The California is to change make-up of national com- mittee inserting progressives. a WANTED OVERCOAT; STOLE FOOD IN ODRER TO SAVE HIS WAGES | |; VU St. Paul, ‘Minn., Dec. 11.—The.. police just won't give his name, other than saying it’s Paul. He is in jail today. Paul earned/’$5) a month and paid $20 rent, the police say. He is 21 years old and has two sis- ters, the elder being ill and the younger attending school. Paul needed an overcoat. He was arrested leaving his employ- er’s warehouse with several hams and other food commodities. “[ wanted an overcoat,” said Paul to the police, “and thought that if I could prevenut buying food for several weeks buy it.” CURISTMAS 1 could | LORD OF ADMIRALITY Earl of Derby Becomes Minister for War, but as Executive Only FRANCE TO FOLLOW. Paris, Dec. 11.—It appeared cer- tain this afternoon that Premier Briand will reorganize the French cabinet along the lines of re-construction that Lloyd-George adopted. London, Dec. 11.—Lloyd-George, working day and night, has been suc- cessful in organizing a cabinet. A small body to be known as a war min- istry will have charge of the conduct of the European struggle. This body is to be composed of the following: ‘David Liloyd-George, Lord Milno, Earl Curzon, Bonar Law and Arthur Henderson. Others ordinarily termed cabinet minigiers will be termed department- al heads, These consist of twelve lib- crals, fifteen unionists, three labora- tories and chree others, president of board of trades, education, shipping controller, are not attached to any party. Members of the ministry not in the war council are: The Members. Lord High Chancellor Sir Robert Bannatynee Finly; secretary of state for home department, Sir George Cave; secretary of state for foreign affairs, Arthur J. Balfour; secretary of state for colonists, Walter Hume Long; secretary of state for war, Earl of Derby; secretary of state for India, Austin Chamberlain; president local government board, Baron Rhondda; president hoard of trade, Sir Robert. Stanley; minister of labor, John Hodge; first lord of admiralty, Sir Ed- ward Carson; minister of munitions, Sir Chritopher Addison; minister of blockade, Lord Robert Cecil; tood ocntroller, Baron Davenport; ship- ping controller, Sir Joseph Pattom Macclay; president of board of agri- culture, Rowland Prothero; president board of education, Herbert Fisher; first commissioner of works, Sir Al- fred Mond; chancellor of duchy of Lancaster, Sir Frederick Cawley; postmaster general, Albert Illing- wirth; minister ‘of pensions, Gordon Barnes; attorney general, Sir Freder- ick Smith; solicitor general, George Hewart; sécretary for Scotland, Thomas Morrison; lord lieutenant of Ireland, Baron Winborne; chief secre- tary for Ireland, Henry Duke; lord chancellor of Ireland, Sir Ignatius O'Brien. / Premier Lloyd-George has suffered a severe chill and physicians have ordered him to remain indoors. The energizing touch of Sloyd- George has electrifified the British na- tion. While the new war director was forced to bed with a chill, London is in a fever of excitement over the new order of things. England’s every resource is to be {turned into conduct of war. Every luxury ‘will be eut off. Nothing could be clearer than this decisions in the public belief, after the announcement that David Lloyd-George had named a new cabinet and consideration of pre- liminary measure be enacted. FRANCE TO ACT. Paris, Dec. 11.—It_is semi-offi \v announced that on Tuesday it is ex- pected an announce oment will be made regarding the | ening of the num- ber of ministers following England's lan. : More and more England's limited council idea is gaining support in France. More and more Lloyd George is regarded as England’s man of the hour, France is not wasting any time nistic reflections over Ru- mania and Greece. Instead, she is setting her jaws and demanding more definite action on all fronts. On account of mud action is slow- ing down on the west front. Greece and Rumania are attracting the .t tention. ITALY TAKES ACTION. Rome, Dec. 11.—Italy is preparing to make next year the most vigorous prosecution of the war. Two events indicated this. Calling of class of 1898 to colors one year ahead of time and confidence accorded present gov- ernment by the parliament. The ses- sion was secret, but the vote was 560 in favor and Socialists opposed. DEATH FOILED BY RESCUERS (Special to the Tribune.) Moorhead, Minn., Dec. 11.—Drop- ped into the icy waters of the Red river, when a ledge ot i he had ventured. ning of this ci was saved from death by Earl Arbuckle’ and J. Ross, who leaped into the stream and res- cued him. Henning, unable to swim, was Le- ing sucked down in the swift current when the two resuers reached him. e BONAR LAW” Andrew Bonar Law was secretary for the English colonies in Asquith’s cabinet and is to become Premier Lloyd George's right hand man in re- construction cabinet. Law declined the premiership. VILLA ISSUES RALLY CALL 10 QUST ANERIGARS Calls Them .Eternal.. Enemy. of Mexico and Barbarians of North WOULD MAKE IT UNLAWFUL TO TRADE WITH GRINGOES El] Paso, Texas, Dec. 11.—A Villa manifesto reaching here sets forth the bandit's for waging war, It is command- er-in-chief. It emphas “Mexico for Mexicans.” Jt says that it will be impossible to unite Mexi- co through Carranza. Vills says that the time has come to oppose our “‘ter- nal enemies,” the barbarians from the north.” He woul annul all Carran- za's concessions and repudiate foreign claims for damages. He says he would make it unlawful to trade with the United States. am going to get Americans out exico or make them fight.” Villa is reported as saying in an interview printed in the ‘New York Wor!d. Thorelficld Mortensen, the interview- er, says’ he went to Villa’s headquar- t the second day of the occupation of Chihuahua C Villa said: “you know what the mayor of Et Paso did? Villa knows what he did. He chased my wife out of the country like common peon and took her jewels. Tell that fellow if he was a man he would come down and fight me, and not a woman who is a stran- ger in his country.” Kefuge lienry Ha ning a ta huahwe Was SO by Villi when the. city that he died late reported that American run- lishment in Chi- overely beaten entered the ASKS PRESS TO RETURN COPIES OF RESOLUTION Washingion, Dec. 11.—After an- nouncing he would introduce a reso- lution calling for the seizure and the le of all food by the government, Senator James Hamilton Lewis as! ed the press to return all copies he gave them. it is presumed he has changed his plans. Little Clarence Pherril Lives; Asks More Aid Another appeal for volunteers— the second since November 25— to give cuticle that it might be grafted on his son in hope of saving the little one’s life, was made this afternoon by C. H. Pherrill, the father, and Dr, Ramstad, the attending physician. Little Clarence Pherrill still lives. In St. Alexius hospital he is combatting agonies brought on by burns in a Hallowe'en cele- bration on November 3. ‘When the first call was made, neighbors and friends of the family made sacrifices. CONQUEST OF BESSARABIA ~ CONTINUING Bulgars Capture Bridgehead, Cer. navoda and Occupy Slavic | Territory i GREEKS PREPARING i FOR MILITARY MOVE Served Formal Demands Upon Di- King Constantine Has plomats of Entente TODAY’S WAR MOVES. Greece occupied most interest among the European diplomate . and military officials today. Ap- parently the. Allies have served an ultimatum on the king de. manding the complete demobili- zation, and in the meantime the monarch is attempting to come ; municate with Berlin. |/He has - lodged protests against the Allied blockade. In Rumania, Berlin claims cone tinued advance of Teutonic col- umns, despite unfavorable weath- er, with capture of thousands of prisoners, Petrograd claims caps ture by Rumanians of a position they had lost Saturday on the road from Ploesti to Miliza. Sofia said Buigariana forces crossed the Danube near Silistria ,and captured the Rumanian town of Kalapasi. The taking of the western bridgehead at Cernavoda also is reported in this statement. Both Petrograd and Berlin re- ports indicate bitter fighting still in progress along the Carpath- ians, “ Severe failure” was the language Berlin made use of in describing unsuccessful Serho- French, attacks on the Macedon- ian front. The weather is still bad along the western front. Paris reporte intermittent firing. Berlin ctaime., destruction of parts of trench po - sitions by mining operations, ua DESTROYER SUNK, Berlin, Dec. 11.—German news | papers say that the French de. stroyer, Vatagan, sunk . in colli. ‘sion with a British transport is | the fifth French destroyer lost in this way during the war. GERMANS PROCEEDING 'IN SPITE OF SOAKING RAIN Ferlin, Dec, 11.—(Official)—Despite a pouring rain which soaked ‘the soil and destroyed bridges, our forces in Roumania proceeded as planned. The pursuit of the Roumanians met with strong resistance, but the Germans took several thousand more prisoners. Another severe failure of the allied attacks in Macedonia is recorded, London, Dec. 11—An Athens dfs patch dated Sunday said that it is une derstood on reliable authority, that the entente powers have sent an ulti- matum to Greece, The British and Rumanian ministers conferred with, ing Constantine and subsequently the American minister was summoned, Personal baggage of entente diploe mats has been sent to Piraeus. ~ St is known that King Constantine’s government has made a formal pro test to the allied powers against con: tinuance of the allied blockade, Situation Serious. Discussing the Greek situation, the Berlin Vossiche Zeitung says that as soon as the announcement of the en- tente blockade of Greece was made Greece began making preparations to meet it, The Greek army, according to this newspaper, is well supplied. with arms and ammunition. Food tickets, it adds, were issued in Athens Sunday. ‘The paper says it understands that wireless communication between Tur- key and Greece has been re-establish: ed. The situation here is believed ta be approaching a critical moment. Garrett Dropers, the American min- ister, was in conference with King Constantine more than an hour today. The Spanish minister has left for Val- encia, ostensibly on leave of absence, placing the legation in the hands of the charge d'affaires. All the entente nationals have been ordered by their legations to quit Athens today. Capture Bridgehead. A dispatch from Sofia tells of the capture of the bridgehead, Cernavoda, A Bulgarian force has crossed the Danube into Russia. Silistria has peen captured. Cernavoda on the low- er Danube is an important railroad junction on a line between Constanta, Medjikie ad Bucharest. The western bridgehead was held by the Russians. The eastern bridge- head is in Dobrudja. The kaiser has returned from visit- ling Emperor Charles Austria at the front with Hindenberg. Berlin dispatches report an air raid of the enemy at the aerial stations at Belgna and Batrich. The raids were carried out by naval aeroplanes de spite weather conditions. But the chances for little Clar- ence Pherrill’s recovery are still grave unless more volunteer. This morning F. H. Hurley of the Bis- marck Sign company gave up a portion of his cuticle. “Won’t others come forward?” asked the father this morning. ‘A Paris dispatch states that fout German aeroplanes were brought down Sunday south of the Somme. Petrograd dispatches state. that by, vigorous counter attac’s. 1 Ruman- ians won back positions on the high road from Mizilu to Ploeshti, which the enemy secured Saturday.