The Bismarck Tribune Newspaper, January 8, 1917, Page 1

The Weather FAIR AND COLDER THIRTY-SEVENTH YEAR, NO. Justice Robinson Tries To Kick L 7 UNITED PRESS WEBB-KENYON LAW CANT SHIP WET COODS 10 DRY STATES Matter of Enforcing Dry Laws Will Be Simplified by De- cision COURT STOOD SEVEN TO TWO ON POINT) Attorney General Langer De- clares He Will Take All Advantages of Opinion TO TAKE ADVANTAGE. “\ believe that this decision will help materially in the en- forcement of the prohibition jaw in North Dakota,” said ‘Attorney General ‘Langer this afternoon. “The Webb-Kenyon law places the burden of proof more on the defendant than at present, when the entire burden is placed upon the prosecution. You may say the attorney general intends to take full advantage of this decision in the enfocement of the prohibl- tion law in this state. Washington, Jan. 8—The Webb Kenyon law, designed to prevent liquor shipments from ‘‘wet’’ to “dry’’ states was today declared constitutional, ‘by the Supreme Court: by a vote‘of seven to two, which also upheld West Virginia’s prohibition amendment prohibit- . ing citizens from receiving liquor}, for personal use shipped: by com. mon carriers in interstate ¢om- merce. BG Depends on Validity Effectual enforcement of. “dry” leg- delation in protibitipn ‘states was said by prohitition‘edvocates to give “dry” states the right-to prevent liquor ship- ments frum “wel”'btates, Counsel for the liquor interests contended that the Wekb-Kenyon' Act is void if it delegates to“states' the federal right to regulate interstate commerce. They also contend that, as West Virginia’s prohibition laws permit citizens to have and use liquor, although prohib- iting its manufacture or sale, an amendment of 1915 prohibiting citi- zens from “receiving or possessing” liquor by common carriers in inter- state commerce is unconstitutional. The Webb-Kenyon law was entitled “an act divesting intoxicating liquors of their interstate character in cer- tain cases.” It was named for its co- authors, Webb of North Carolina and Senator Kenyon of Iowa. The act was passed over president: Taft's veto and provides: that ‘ghtprient of intox!- cating liquors ‘from’ oné state to an- other, “which—intoxicating liquor is intended by any person interested _ therein, to be‘received; possessed, sold or in any manner used—in violation of any law of such state is here- by prohibited. The especial clause of West Virgin- fa’s prohibition law attacked as void makes it unlawful for any person in that state “ to receive, directly or in- directly, intoxicating liquots from com- mon or other'carriers.” The law also was Made applicable to “liquor intend- ed for personal use or otherwise and to interstate as well as intrastate shipments.” Another clause, however, permits persons to personally carry into the state liquor, not exceeding a half gallon, for personal use and when plainly labelled. Before the Supreme Court, the liquor interests argued that this latter clause gave the right to “have and use” liquor and that, therefore, the law banning, interstate shipment was void as a state regula- tion of interstate commerce, not af- fected by the Webb-Kenyon law. FRAZIER 10 ADDRESS CLUB OF BISMARCK Governor Frazier. today accepted an invitation to address the Bismarck commercial ‘club at its deferred an- nual meeting at the Grand Pacific ho- tel at noon Wednesday, January 10. The Governor is a very busy man and the time is very short, but he has been in close touch with commercial organizations of the state, through their general response to his request for suggestions and he will have to say many things vital to the develop- ment of the state. The general invita- tion is extended to attend Wednesday’s luncheon. Only the usual luncheon. fee will be charged. JUOSON VISITOR: pues ~Judeon...was-_.in & Friday, transacting dusiness calling on freinds, ‘|lar instructions were given Sheriff morning smoke. much a8 any woman needs her‘cup of SUNDAY CLOSING OUTRAGE, DECLARES JURIST, AS. COMMANDS STORE TO OPEN) AT REFERENDUM Blue Las “Ridiculous” He Says Sabbath He Is as Much En- titled to it as Women, to Tea ATTORNEY GENERAL OUT Langer Had No Right To” Issue Ultimatum Without Tribunal’s Consent Is Claim A mass meeting of business men to the number of about 25, affected by the Sunday closing order, was held in the Commer. cial club rooms late this after- noon, to discuss the proper pro- cedure of placing their grievanc- es before the Fifteenth Legisia- tive session. A committee of three, consisting of C. A. Baker, Harry Woodmansee and 6. F. Lambert, was named. Declaring North Dakota’s Sunday closing statutes, a direct. descendant of the old blue laws of the historic JUSTICE J. E. ROBINSON When Man Wants a Smoke on RANKED BY HIGH COURT, —0— M'BRIDE: WOULD: |FOKSHANI TAKEN 253 ENDANGERS LINE! 4 OF ENTENTE ARMY Russians Have Launched Offens- SETTLE MATTER Resolution Introduced Putting Is- sue Squarely Before the Peo- ple Next November ELECTIONS TO BE HELD IN 1918 Resolution Names Bismarck 2s Meeting Place of Constitutional Convention, July 1918 A concurrent resolution was intro- duced today by Senator McBride pro- viding for submitting to the electors of North Dakota the proposition of calling a constitutional convention to revise the constitution. This resolu- tion recommends that a convention be called and that for this purpose a special election be held on the first ‘Tuesday after the first Monday in 'No- vember, 1917, at whic ion there shall be submitted the proposition of calling a convention to revise the constitution, At Primary Election. In the event this proposition Is The Supreme Court By J. E.. Robinson To the Press and the People: As.I think the public officers should give to the Press and the public some regular account of their doings, my purpose is to submit to you a Satur- day evening letter on the progress of the Supreme Court. As you know, I have always con- tended that the Supreme Court Judges should try to keep right up with the work, and do it well and in a simple and businesslike manner, and to de- cide every case within thirty days after the appeal is filed. Dring the past week all the Judges have. worked. five days. We have heard arguments in a dozen cases. that should have been considered and de- cided last May. We have some ninety- five cases on the calendar and we pur- pose, if possible, to consider and de- Massachusetts Bay colony, an out- rage which should be tolerated by no free-born citizenry, Associate Justice James E. Robinson of the North Da- kota supreme court yesterday after- noon filed Bismarck’s first Sunday. lid with the following order: SUPREME COURT State of North Dakota To the Sheriff and Police of the City of Bismarck: * You are hereby directed to al- low all BUSINESS PLACES and DRUG STORES, NEWS STANDS to remain open in the usual manner ’ as on other Sundays. (Signed) JAMES E. ROBINSON, Judge of the Supreme Court Officers Refuse to Act This formal order was personally delivered to Chief of Police Downing at 3:30 yesterday afternoon and simi- French over the telephone. This is a terrible situation—at outrage,” declared the venerable jur- ist in communicating with the peace officers—‘it should not be tolerated another moment. I command you in the name of the supreme court of North Dakota to advise these store- keepers of. their right to keep open. The law is no good—it is an outrage —it is ridiculous.” Couldn't Get Paper And all because the jurist found himself debarred by the strict enforce- ment of North Dakota’s Sunday clos- ing laws demanded by Attorney Gen- eral William Langer from the perusal of his favorite Sunday paper. The storm began to brew early Sun- day morning when following break- fast a capitol ettache -seated himself ‘beside Justice Robinson and bewailed the fact that because of the “Blue Sun- day” laws he was denied his usual “I need my morning cigar just as tea, and I won’t feel right all day if I don't get it,” said ‘the. somkeless one, ‘Washington vend ~ "Yes; -and-you hoald-have it—t’s} tt: them: on: — (Ceatinued from Page Four) cide those cases during the months of January and February, and then to keep right up with the work. Two years ago when Judge Chris- tianson took office as the successor of Hon. B. F. Spaulding, there were on ‘the court calendar one hundred and ninety-two’ cases to'be decided. Un: der a proper ‘eystert’ of reporting, I think the Judges of the SupremeCourt will not feel proud to retire from office leaving such a mass of unfinish- ed business to their successors. We purpose to quit office on the first Mon- day of December in the proper year and to leave our successors a clean slate. We have been considering some of the most progressive court rules that were ever ‘adopted in any state, and all the judges seem to favor the rules. In my next letter I hope to report the adopted by a majority voting at such election ‘on the last Wednesday of June, 1918, when the primary election is held, delegates to such convention shall ibe elected by the people. [t'is provided that there shall be two dele- gates from each legislative district of the state and the requirements of the delegates are the same as requir. ed for members of the legislative as- sembly. Candidates ‘of election as delegates..axo: reqquirs)to -filo.a poti- tion as now required Tor candidates to the. legislative assembly, ‘but it is required that the names of such candidates shall appear on separate ‘ballots. To Meet at Bismarck. The constitutional convention so provided for shall convene at Bis- marck, July 12, 1918, and continue in session for a period not to exceed 45 days, and the compensation of mem- bers shall be $5 per day and mileage. The constitution as revised shall be submitted at the general election to be held in November, 1918. Re- ferred to committee on judiciary. League Needs Convention. With the removal of ‘league head- quarters from North Dakota to Minne- sota, it becomes more than ever im- pomant that the league make good in its present legislative program here. The league must henceforth divide its attention between Dakota and other states, and a_ successful legislative program will do more than anything else to hold the forces here in line while the league is devoting its princi- pal efforts to the cultivation of new pastures. The cultivation of foreign fields will be much simplified, too, if the league can point to some positive adoption of those very important court rules. J. E. ROBINSON. NEW ANGLE 10 COLBERT MURDER «(United Press) Philadelphia, Jan. 8—The murder of Maize Colbert, thought to have been cleared by the suicide of Berard W. Lewis, spendthrift broker; was given a new life in mystery today. .. Bessie Colbert, sister of the slain girl, told the police today that she had heard one of Maize’s: wealthy admireds say: “Pll get back that diamond ring from Maize if I have to choke the life out of her.” GORMAN MESSENGER. TO CARRY ELECTORAL VOTE John F. Gorman of Grand Forks, at a meeting of the North Dakota Demo- cratic national electors held in Sec- tetary of State Hall’s office this after- noon, was elected messenger to carry North Dakota’s, five electoral votes. to and there officially depos- ae “Wilson side of the) ledger. accomplishment in a legislative way in North Dakota. The league may be expected, therefore, to leave undone nothing which may aid in the achieve- ment of its ambitions in the present general assembly, and the one positive stumbling block which must be re- moved at all costs is the present con- stitution. Suffrage Forces Divided. ;. It is hinted about the capitol today that a’ division in suffrage ranks is developing. The more ardent suf- fragists insist upon an absolute fran- chise, placing them upon a complete parity with the males. The temper- ance branch is inclined to favor a lim- ited franchise bill which, it is claimed, will not necessitate ripping up the constitution. inasmuch as none of the officers to be voted for is embodied in the constitution. Bills providing for a limited franchise and for a complete elective franchise have heen intro- duced, and the legislators probably will leave the fight very much in the hands of the suffragists. Senator Lindstrom of Burke and Divide is father of both measures. Would Study Prohibition. In order that the incoming genera- tions may know more of prohibition and its benetits, Senate Bil! No. 7, introduced by Senator Hemmingson, would provide for the annual observ- ance of Temperance day in the public schools, with “appropriate exercises appearance. army is awaiting orders of Germany to attack the allies, M. Diomede, for- mer Greek minister, told the Temps yesterday. special mission for Venizelos, head of the provisional government. ive on Extreme North Line Near Riga ‘ MACKENSEN’S GAINS IN BALKANS MOST IMPORTANT Little of Moment’ Transpires in Western Theatre of War Say Official Statements London, Jan. 8.—Field* Marshal von Mackensen has broken through the strongly defended barrier before the river Sereth which the Russians had constructed at Fokshani, and has cap- tured that important Rumanian town, and taken nearly 4,000 prisoners and three guns in the process. Lost Ground. The Russians also. lost ground far- ther north along the Moldavian fron- tier, between the Putna and Oituz val- leys, Berlin announces. Toward the Danube, from Fokshani, r, the latest reports showed a n offensive of some importance, admittedly had succeeded in; gaining ground from Field Marshal) von Mackensen’s forces. There are also indications that the Russian line is being ver yhard pressed. Weakens Position. While Fokshani is far from the riv- er Sereth itself, the capture of the town, it appears, weakens the whole Russian position in this area, and makes the river line itself more dif- ficult to defend successfully. The Russians.have- launched an: of- fensive on the extreme north of their line between Dvinsk and Riga. Re- newing their attack, which last Fri- day resulted in a gain of ground along the river Aa, they succeeded ‘.yester- gains. On the Franco-Belgian fronts, the patrol and aviation operations were features. Berlin. reports considerable aviation activity and announces the bringing down of six hostile aeroplanes. “We have reached the lower ‘base of the river Sereth,” the official state- ment from the war office said today, says a Sofia dispatch. PECULIAR RAID ON TRENCHES. (United Press.) British Army Headquarters in France, Jan. 8.—One of the strangest raids in the history of the war was narrated by officers here today as oc- curring southeast of Arras on Satur- day. After the German first and sec- ond lines were entered, the Germans flashed the S. O, S. signals, but fail- ed to elicit aid. i Then the Germans retreated to their line of trenches and mysterious- ly disappeared. Where they went is a mystery. Not a single German shot was heard after that, The smashing raid continued under tne cover of smoke and artillery fire. It had fol- lowed a five-hour bombardment, in which German trenches and all ap- proaches to them were destroyed. Following the German evacuation, it was so quiet in the German french- es that a Scottish officer, said he sat on the edge of a Telton trench and leisurely smoked a cigarette. Officers of the Portwguese expedi- tionary forces have arrived, prepara- tory to fighting on the western front, and are attacking enthusiastically for the first time . This marks the first actual participation of ‘the Portu- guese forces in the war. These Portuguese have a very smart It is understood they are plentifully equipped with field guns, regularly a part of the Portuguese formation. They have displayed great brilliance in their grasp of the intricacies of the western front. READY TO ATTACK ALLIES, SAYS GREEK 8—The Greek royal day in enlarging the scope of. ai Paris, Jan. He is now in Paris on a pecans, Lawson BETTER CODE OF NEUTRALITY OBSERVANCE (United Press) Washington, Jan. 8—A new national code for better preservation .of neu- trality is to be drawn up. Secretary Lansing is to be one of the framers. This became known to- day. The new code is to be discussed at a meeting of neutrals at Havaha, January 22. . British interference with mails and commerce and German submarine ac- tivities are believed responsible for the general desire for the formulation of a new code. Such a code it is ar- gued; would ‘make:-such: ingidents as the Lusitania impossible, and would prevent commercial distinctions and mail seizures, It is planned that in the propésed code the relation and status of neu- trals and belligerents should be better defined. Details of the project. are for the present withheld. POPE. THINKS TIME NOT RIPE FOR PEACE declare the present moment. inoppor- tune for the discussing of peace in a note to the United States and neutrals, newspapers here said today. The note will be almost identical in terms and will be dispatched to all neutrals by the Vatican on Wednesday. The Pope will also. narrate his own personal ef- forts for peace and his desire to end the war. STRIKE MAY CAUSE Bl PAPER WILL TO CLOSE (United Press.) International Falls, Minn., Jan. 8.— An increased tensity in the ppaper situation for newspapers of Minne- sota and North Dakota was foreseen today in the threatened close of the Minnesota & Ontario Paper plant here. The plant supplies a large amount of the print paper consumed by newspapers of these states. The closing was threatened because of a shortage of wood pulp, brought on by the I. W. W. strikers’ activities. F. W. Backus, manager of the plant, said today that a supply must reach the plant before night. if work continues. rifteen hundred workmen are affect- ed. PATROL ENGAGEMENTS ARE ONLY FEATURES Paris, Jan. 8.—Patrol engagements near Bachuvsness and in the forests of Parroy were reported officially to- day. Elsewhere, engagements were reported to be unimportant. relative to the history and benefits of prohibitiort. : ~- ‘Compulsery Retation. Senator McLean of Cavalier, 4 vet- eran of the senate, is author of a unique dill. It provides for a com- pulsory rotation of small grains “to provide against the present method of robbing the soil by the planting of some kind of crop which requires cul- tivation; seeding to the various kinds of grasses, and summer fallow,” and. arranging for a rotation of small grains every two years and for a season’s summer - fallowing every sixth year. “The purpose of this act,” says Sen- ator McLean in his preamble, “is not to punish the -honest tiHers of the soil by imposing upon them heavy penal- ties for violation: of its provisions. Its purpose is rather to guidé and induce them to employ more reasonable and. profitable .methods.for the conserva- tion: of the soll-ef our state to the 2) reached today in the supreme court. Early Decision Looked for in Eight Hour Day Case by Federal Supreme Court (Associated Press). Washington, Jan. 8.—The climax in the legal contest over the .constitu- ed. tionality of the Adamson law was Arguments were begun in the Mis- souri, Oklahoma & Gulf railroad test case, in which the department of jus- tice is appealing from Federal Judge Hook’ that ‘the law passed. when a nation-wide congress’ seemeéd iniminent, is “unconstitution-° state’ -Pal, gull and void.” decision at Kansas City, Mo., it September liroad strike ose ge arguments late tomorrow and a deci- sion within a few weeks are expect- ‘Many precedents, including supreme court decisions, were cited in the department of justice's brief in sup- porting the law's validity. The rail- road's brief contended that. the law is unworkable, experimental, incap- able of.a plan, interferes with the lib- erty of contract, does not. fall. within rr et Bh to regulate inter without due process aret la Rome, Jan. 6.—Pope Benedict will } j DENIAL TO ALL LEAK CHARGES Permitted To ae President Wilson as Substantiating His Testimony Before Committee | NEVER TALKED ABOUT = PEACE WITH BARUCH Thomas Lawson Among Witness- es in Today’s Probe of Stock Winnings REFUSES TO TELL NAME. °. Washington, Jan. 8.—Lawsow, told that a committee member of | congress told him that a member * of the cabinet speculated on the. falling market caused by the leak, but flatly refused to give the name of either, (Associated Press) Washington, Jan. 8.—With the open- ing today of the hearing on Represene tative Wood's resolution for an inveati- gation of reports of a “leak” of Prest- dent Wilson’s peace note, Joseph Tu- multy, secretary to the President, was called and read the following state- ment, in which he said: “I appear before this committee to resent unjust intimation. that I gave information to Mr. B.’M. Baruch im regard to the so-called peace, note sent to European belligerents last month by the secretary of state. General Denial “I wish to deny generally and spect fically that I gave advance, informe, tion to Mr, Baruch or any: one in Te gard | tothe’ peace, note. °b: didi mot know of the existence of this hote'or that the government .contemiplated the dispatch of such a note, until the printed copies were given the press. I was not consulted on the preparation of the note by the President, or anys body else. The conferences and com: munications relating to the drafting i ofthe note and its dispatch were con- fidential between the President and. . the secretary of state. I knew. :nothe, ing whatever of them nor -did any other person employed in the execur tive office. No Correspondence “I have had no correspondence, written, or telegraph, with Mr. Baruch or anybody representing him. I have had no telephone talks with Mr, Bas ruch or anybody representing him re- garding this matter. I have never talked with him or anybody represent him, or anyone else, private of publicly on this matter. “I have never discussed any peace or other notes either when in pros+ pect afterwards with Mr. Baruch-or any person engaged in the sale of, se-. curities of any kind on the stock mare ket. “The insinuations which have been made whether conceived in political malice or merely through misinforma- tion were wholly false and without even the flimsiest basis. I am stilt waiting for Mr. Wood’s apology.’ “T am authorized by the president to quote him as follows: ‘I wish ia justice to Mr. Tumulty to say that he has stated the exact facts. He had no knowledge of the note whatever, until it was given out for publica tion’ ” oe Representative Campbell question/ ed Mr. Tumulty: “Do you know who aided ‘in the preparation of this note?” “The president prepared or wrote the note himself,” said Mr. Tumulty. Expert Typewriter. > “He is an expert typewriter in dd- dition to his other achievemehts.” “Did any stenographer or clerk ig the executive offices know of the ex istence of the note?” “I do not know.” “The mere’ mechanics of preparing the note might ‘make it possible for it to get out,” he said. “Have you any information as to how the leak occurred?” Mr, Camp: ‘ell asked. “I have not,” Mr. Tumulty replied, Would Be Speculative. “Any opinion I might have. would be speculative and would tevolre rep utation. I.am very careful’ sbout :msk- ing statements in, such ‘circum: stances.” Mr. Tumulty said he did not knw whether Alfred H. Curtis of Wew York, former president of the Nation- al Bank of ‘North America. wes :in fact the “A. Curtis” who wrote: letter to Representative Wood. . | Tumulty said he did not think “leak” could have occurred. om. note through any employe of the ecutive office. He then:read\a, from L. T. Russell, editor of the ark Morning Ledger, who wrote: Mysterious Curtis. “I have received . te:ephose’ from ‘New York from & himself ‘Mr. Cartis” and self to be a banker each case he undertook #1 tips of various sorts of pening, ‘not. only ia the: industrial: world, but oa ‘¢ called me up on the t told: me'he-had-