The Bismarck Tribune Newspaper, January 16, 1917, Page 2

Sth eCoctm adearnam Badsis=5e FESSISASSRST |[VANHORN ~ HOTEL Bismarck’s Newest Hotel $1.00 per day and upwards. Strictly Fireproof Telephone, and hot and cold water in every room, First class cafe service in con- |) nection. H Free Auto Bus Meets All Trains D. J. McGillis J. G. Wallace “PRY” STATES CAN WAKE IT “BONE. Ese: Charles » Edward Russell Says ie iWebb-Kenyon Law Knocks Enemy Into Dust . ORIGINAL PACKAGE RULING: COMMISSIONERS | | | “AAD TOE | Cost of Establishment of High- | way Estimated at $875 by Engineer Atkinson 'NO OFFICIAL ACTION i TAKEN AT THE SESSION ‘McCurdy Gives Written Opinion as to Commencement Term of City Assessor Attention of the city commissioners last night was for the most part di- rected on the blue print submitted by City Engineer T, R. Atkinson for the proposed establishment of a road from Rosser street, through the Jackman property, to the Mandan ferry. No of- ficial action will be taken until mat- ters have been placed before the city | was that House Bill No, 44 submitted a attorney for further legal interpreta- tion, The report of the city engineer as to the approximate cost for a high- way between the Northern Pa- cific right of way and the river was given at $875, the sum of $250 of this amount being allowed for culverts. This estimate, it was explained, will include the cost of filling the present south of the old brewery building in order to provide a good highway for the Indian school. Part of the cost, he said, could be assessed ‘against the property benefited if soj day, but the senate had adjourned be desired by the commission. The num-| ber of cubic yards to be handled was i given at 2,500, | ‘STUDY PROPOSED. |to effect a general revision of a con- ‘stitution in the only appropriate prac-\ ticable way—by a convention, | People Should Initiate. ; “But,” continued Judge Corliss, |“whiie the power resides in the legts-! |lature, and in that body only, to call} & constitutional convention, it is ob-| vious that the agents of the people, who have not been elected on that; particular issue, should not take upon! themselves the responsibility of bur- dening the people with the expense of | isuch a movement without first subd-| | mitting to them the question whether they desire such a convention to be ealled, The argument aaginst the tak- jing of the initiative by the legislature ‘in such cases without first ascertain- {ing public sentiment on the question ‘is so strong and lies so plainly on the: | surface that in many states the consti- jtution in terms requires the submis-| sion of the proposition to popular vote, and a majority vote in its favor be-} jfore the legislature can legally sum ; imon the people to meet in constitu: tion to revise their organic law.” i is All Harmonious? ! Judge Robinson's opinion, given to} |several newspapers .. simultaneously, | has created some consternation. Gov-| ernor Frazier, when interview on the| subject, declined to discuss Judge, Robinson’s contention: that any revi- sion of the constitution by the legis- lature must be referred to another | general assembly and be passed by that body before being submitted to the people. The governor's only comment ‘new constitution and not a revised or amended constitution, and that there- fore he believed any regulations ap- plying to the amendment or revision | of the constitution wauld not hold good in this instance. “It-is possible that Governor Frazier will touch upon this point in addressing the joint session of the senate and house in the latter’s chamber. The governor began his ad- dress, the second directed to the pres- ent general assembly, at 2:30 this afternoon, ‘He had intended to notify | both houses. of his intention yester- fore his message reached that body. McCurdy Gives Opinion. As the result of the appointment of; E. E, Morris as city assessor for ay term of two years, commencing Jan. 1, 1917, City Attorney F, E. McCurdy gave a ruling to the effect that the city assessor, being one of the appointed j jas: WAS STUMBLING BLOCK; officers, should be under the same reg: | ulation as would apply to other offi-i BlGGER, BETTER STREET AAILWAY By CHARLES EDWARD RUSSELL. ‘ers, and held that, in view of the fact | After all these years and years of!that the city has no ordinance chang- | law-making, tinkering, voting, revot-;ing the time when the assessor's term ' ing, agitation, appeals a of office begins, such an ordinance , Paige + | ane tno lnss Ga aompen vere, ul should be passed to remedy all doubt. | Organization Has No Intention of Abandoning Dakota’s First hibition! dinance which reads “the term of all ahi you can look at that fact from six other offices which commences on the State-Owned Utility er ach. of! first day of May succeeding their | aifferent sangles, jand/<from appointment unless otherwise provid-] EXTENSION OF LINE TO 1: them it will appear one of the biggest! 4q by. ordinance’ and they. shall hold of these times, for one term as has been provided for PEN AND LOOP PLANNED | The league does not relish the Does any e really \ prohibf-;each respectively, and until their re-| 2 ms it wa ‘act a tt; Spective successors are qualified.” 4 u Does it want in fact and no! budget board’s suggestion ‘that “the LEAUE PROGRAN + oratory in so many states, it remained The city attorney cited in his c j for the supreme court to enact pro-| munication that portion of the city or- nok: grely in allegory to seize the Rum Contract Is Awarded. Fiend by the neck and beat off his hideous, horrible head? Does it want in reality and not in words to banish | trom. among us. this blight, curse,|the city hall brought out three bidders, The request for bids for kalsomin- ing the ceiling and painting the walls in the firemen’s room and office in Jaassen of Bismarck for $40. Christ organization should celebrate the be- ginning of its administration by the abandonment of North Dakota’s first and only state-owned and operated Publis utility—the capitol street car | dine, SoA stain,..stigma, abyiination and the|the contract being awarded to John ‘est? gen submitted a bid of $44, “and | The proposal strikes at the very root as well as the poor, for the clubman/A. B. Williams, a bid of $50. of the league’s program of state-owned the worker, in residences as at} The annual report of C. H. Downing, | utilities. The league’s adoption of the \ehief of police, was to the effect that,| recommendation to be made by the! the city has had a year of “compara; | bogi@: “would, ‘organization ' chieftains Up to this point any prohibition’ tive peace and quiet.” asgi a confession at the outset te had a good, workable of ‘the ‘state's inability to successfully suffering liquor to e: operate stich Utilities. ders. It might Does it want prohibition for the rien! of prohibitory laws, ithe league program, which will be em- | bodied in a bill which is to be intro- jduced in the house by Representative HAVE AGREED | Mees of Morton county. His bill, pro- ;viding the new constitution or an {amendment enabling the state to em- bark in utility-ownership is ‘dopted, facture or open salé. It could not! stop importation from other states. The supreme court of the United | States stood in the way. It had planted ac the road its famous “original package” decision | and there no getting around that. Liquor shipped from one state to another, the court held, came under the head of interstate commerce. The | : 4 . i ! tal mime le. .|pletion of the long proposed loop ¢ cerwass ya i Ee 5 ismarck and ultimately, when the/ tion. No state could interfere with! lature Could Not Summarily | bridge across the Missouri is complet: | Amend Constitutios led, an interurban line to Mandan, ex- |, an sine i ; will provide for the extension of the |railway to the penitentiary; the com- ‘In any dry state, therefore, you tending to the reform school. _ could bring in liquor from a wet state | This system would connect all of the - auntil-Zour-head weal around and no-/ GOVERNOR FRAZIER GIVES | Nortk Dakopty mablic institutions locat- ona Breit 3. nih eee \ eats ed in the ceatfal part’ of the state—j 4 Mbt has now “reversed that) ASSEMBLY MESSAGE TODAY! the capito!, the penitentiary and the| celebrated decision and held exactly; reform school. It would also afford ReCneanan rere cwithe Associate Justices James E, Robin-| good. service .to the Indian school, ieratete Meany ow interfere with in-|gon is not the first member of the|which would be touched by the Man- siiutting olt the booze pis ex ne ci {North Dakota supreme court to hold|dan-Bismarck line, antl, when Fort | gS of no origluht packs rigina a + \that there is no difference, so far as/Lincoln is rehabiiitated, probably B ‘0 original package, and fed- | Gur constitution is concerned, between | would offer hourly service to that! fie! control has.nothing to say about l revision” and “amendment.” The | point. i OWeKee as iHon, Burleigh F. Spaulding, another | | Seat eee ee meer oe distinguished citizen of Fargo, as chiet can be as dry as a bone, It can keep |Justice of the North Dakota supreme | would pay,” said a league office- out the smallest drop of alcohol if it ‘court, in determining the constitution-| holder today. “We understand that wishes. jality of the amendment establishing| the Breckenridge-Wahpeton line, even This is a great and sweeping vic- \the Minot normal college, ruled as fol-| since Breckenridge has gone dry, is lows: paying as high as forty per cent. The tory for prohibition and no wonder |” ., the: anitealdon meh reidice.. Behold, | ‘In the light of the debates of the}state can operate as economically and their ancient enemy is in the dust. Line Would Pay. ‘ “We are confident that this line i several legislative assemblies and the|ual or corporation, and the capitol nN well as the spirit of the constitution, | nity to prove this fact. aw BISMARCK land the fact that the words ‘revise’ | Power From Pen. oO So yi jand ‘amend’ are popularly, and often| “Our plan is to establish a central LN AVI Ma ‘in a legal sense, employed synony-| power house at the penitentiary, which jmously, said article 19 may he amend- jed * *'* by the method providing in| article 15 for submitting and adopting | {amendments to the constitution.” | KEEP A JAR OF 4 | Corliss’ Opinion. i ‘ In writing his well known opinion in | the case of the state ex rel J. B. Wine- man vs, C. M. Dahl, decided Oct. 8, a | 1896, Associate Justice Corliss, a mem- 5 * eae 2 | ber of North Dakota’s first supreme It Quickly, Loosens Up Co 3 \court, said: Colds in Throat or Chest | “The expression of the sovereign will of the legislature that a particu- lar proposition or question be sub- mitted to the people to be voted upon/| need not take the form of a law. It is sufficient if it be in the form of a joint resdlution. . “The power to take the initiative with respect to the calling of a con- stitutional convention resides in the! what relief it gives ftom sore. throat, legislature. In the absence of any| tronchitis, tonsilitis, croup, stiff neck, Lab ate He on on the/ asthma, neuralgia, headache, congestion, subject, that y alone can give! pleurisy, rheumatism, Ittmbago, pains and legality to such a convention. - If its| aches of the hack or joni opine re foundation is ip the spontaneous ac-! muscles, ‘bruises, chilblains, frosted ‘feet Just. a little Musterole rubbed on. your’ sore, tight chest before you go to bed will loosen up congestion and break up most severe colds and coughs, : Musterole is a clean white, ointmen | | “Constantly bas more ‘calls for Stenographers: and Bookkcep- ‘ers than it can supply: If you are d, we can place you. ‘Tf not qualified, we can pre- it on. No plaster necessary. Better than mustard plaster ‘and does not blister. - Thousands who use Musterole will tell legislative authority, the movement is tevdlutionary. | “It is obvious that a grant of power to propose * * * amendments in a sum- Mary manner, and without the formal- swe have done for thousands of Others we cin do for YOU. ‘constitutional convention, the action of|as efficiently as any private individ- | —=—————==—_ | votes of the electors of the state, as|street car line offers us an opportu: | ai ow | ie ‘Bigger and. Better, — q annihilate the} \ AT hibeer. and better street car line}: grog shop and put an end to manu-| and one which will pay dividends, is made with oil of mustard. Simply rub| tion of the people, without permissive | and colds (it oftes prevents Dnetmonia). | TIN RAR ACLU To insure Victor quality. always look for the famous trademark, ‘His Master's Voice.” It is oa every Victrola and every Victor Record. It is the identifying abel on all: xenuine Victrolas Victor Records, The world’s . greatest artists | true to life! _ The artists you want to hear in your home are’ the :famous * Mahos@y croak” ; singers anid musicians who are the favorites ‘of. the music-loving public; who by reason-‘of their exceptional brilliance are universally recognized as the world’s Greatest artists. a Caruso, Alda, Bori, Braslau, C vé, Culp, de Gogorza, Destinn, Farrar, Gadski, : Garrison,.Gluck, Hempel, Homer, TANGA i y <y Vang iyany RAURAU ML AURA MD SAU RATA AA TRARATIAL MA MADISAD INAV TLV ANUNN ee i Journet, Martinelli, McCormack, ‘Melba, Ruffo, Schumann- Heink, Scotti, Sembrich, Tetfazzini, Whitehill, Williams, Witherspoon, Werrenrath, and:other' famous singers. Elman, Kreisler, Paderewski, Powell, Zimbalist and other noted instru- mentalists. Vessella’s Barid,., Victor’ Herbert’s Orchestra and other, cele- brated musical: organizations. - © Their performances in your home are all due to the won- derful achievements of one instrument—the Victrola. Sousa’s Band, P. ryor’s Band, Conway’s Band, ERA AA AAU MIUAAUAAUINARAUAADNALINA JRAUIAAL MAU MURAUIMAL MAU RAUAAUI The artists themselves have chosen, the Victrola; asthe only instru- ment capable of bringing ‘their:sp its natural beauty,.’ That is why. exclusively. : ; art into the home in all they ‘make Victor - Records TUAW AWSAWAWN IAAT fA Ni Records only. AN Victor Any Victor dealer will gladly. demonstrate the various styles of the Victor and Victrola —$1C to $400—and play for you any music you wish to hear. Victor’ Talking: Machine Co., Camden, N. J. t Notice. All Victor Talking Machineslare patented and are only licensed. and with right of use with Victor Records ate patented and are only licensed, and with right of use on Victér Talking Machines only. Victor. Records and Victor: Machines ‘are’sci manufacture; and their use; except with eacltother, is not only unauthorized, but damaging and unsatisfactory. IRA TRAY tifically coordinated and synchronized by o1 New Victse Records demonstrated at all dealers on the 28th of cach month | special processes of ola would furnish current for the street car line ahd light;the éapitol building. This would do away with one big item of expense—the long haul‘ for coal to the capitol. It would be necessary, of course, to run one: boiler: here to fur- nish heat for the building, but the coal cost of $2,760 per. a@imym which the board of control charges to the street car line could be ‘greatly reduced by locating the principal plant at the pri- son, where coai Gan be shipped in in carload lots, lice aie Items Net Exorbitant. “Other cost items shown by the board of control and the budget board are not exorbitant. Fifteen hundred the year is charged up to oil, supplies and repairs; .$3,060 is charged to em- ployes, and $450° to convict labor. on the tracks, The total cost of opera- tions for the last year.is made by these figures $7,770, and the receipts for 1915 and 1916 are reported to ‘Nave averaged but $2,426.28 the year. It must be remembered, hawevér, that the present car line is sétving a very small portion of the city, and that.the service could be greatly extended without a corresponding increase in Cost. s Right of Way in Shape. 3 “The old right of -way, connecting the capitol power plant with the end of Ninth street ‘and which was put-in’ when a bill was: passed several years ago providing for the-construction of this loop, is still in good ‘condition. At THEATRE TONIGHT B. M. LANGUM, President ities ordinarily attending the enact- tient of ental laws, cannot be considered as an. implied prohibition ‘one ‘time the Soo-railway offered the COUNTY COMMISSIONERS state-rails free of charge for the: pur- OPEN STATE CONVENTION eS pose-of laying this piece of track. In} Minot, 'N. D, Jan. 16.—Hundreds of t, this construction: would not | county commissioners from every cor- eer g tartan. bs ner of North Dakota flocked into Mi- Left Without Light. not today for the opening of the three “Under the present arrangement we | days’ convention of'the State County have been left here in the eapitol with- | Commissioners’ association. out light after 6'o’clock until we made & protest. ‘Our supreme ‘court recent- ly had'to find its way out of the build- ing by match-light, because the power ‘was shut off at 6. Janitors are unable to do their work at night, and all the departments when rushed are handi- capped bythe inability to put in any overtime. Except when the legisla- ture is in session, there is no current oh@aring the noon hour, and no mat- ter how ambitious we may. be, we are compelled to spend that time in idle- ness. “All this could be remedied by vrocuring current from the peniten- tidry power plant. The penitentiary is asking an appropriation for a larger plant. By increasing this a very little, | ‘the plant could take care-of the car line and tlie capitol’s needs as wéll, and: it’ could be done at less’ expense than at..présent. ‘STARTLING RESULTS R sore muscles apply eee IN BISMARCK ini : KH '” People report incredible results}4 ee pinest § the pain from simplé lavoptik eye wash. A gitl * 3 pire penetrates suffering .from weak, strained eyes Rhe: 5 was helped by one application. Her heumatism, gout, lumbego, neuralgia, mother could hardly sew or read be- | ‘Preine and bruises are quickly relieved by cause of eye pains. After one week ives thts Cleaner snd‘more promptly cffee- her \trotible was. gone. A-small bot- |/ive than musy plasters or cintments, it le lavoptik is guaranteed to help nen, wal ine chest EVERY CASE weak, strained or in- : i flamed eyes. ONE WASH will startle | bomes hav a place for Sloan's Li with its incredible results. Pure alum; _Atall druggist, 25c. 50c. and $1.00, inum eye cup FREE with each bot- tle. Jos. Ereslow, Druggist. Ss] , ..Car Stoughton Mainite Bobs for dis- s bl tribution from Bismarck dealers only. n Write or pid Geo. 8. Farrell, Gis |: Sip Om A Seno ss 5 ss ds AN LY sSsHigg wees