The Bismarck Tribune Newspaper, January 22, 1917, Page 4

i } | ® Aid THE TRIBUNE Entered at the Postotfice, Bismarck, N. 1 as Second Class Matter, I88UED EVERY DAY EXCEPT SUNDAY SUBSCRIPTION RATES PAYABLE IN ‘ADVANCE 8 60 4.00 Daily, by carrier, per month. » by mall, per year.. by mail, per year THE STATE'S OLDEST NEWSPAPER | (Established 1878) i | LOCAL WEATHER BULLETIN. | Bismarck, N. D., Jan. 22, 1917: Temperature at 7:00 a, m. ‘Temperature at noon . Highest yesterday Lowest last night . Precipitation .... Highest wind velocity yesterday .. | eevee 28—NW] | 2 | | | Forecast. For Bismarck and vi tled and not so cold tonight; proba- bly light snow Tuesday partly cloudy. | nity: Unset-| Temperature eet | WG Calgary Chicago . oa Kansas City .. Moorhead Pierre ncaa Prince Albert .. St. Paul .. Winnipeg St. Louis San Francisco . ORRIS W S ROBERTS, — | Meteorologist. | 0000059590000 00) % The difficulty of the pres- & ent day and with us is, we are % % bullied by institutions —Wen- | @ dell Phillips. ° POOP O EEE GEOHO OD i | HOPE IN UNITY. | Pope Eenedict’s effort for a union| of all the Christian forces of the world ought to be of decided interes: | to all thinking people, for it is just that force which has largely produced | eivilization. It is too much to hope for a union} of the Catholic, the Protestant and| Greek Catholic churches on church| doctrines. The results of bitter con-| flicts are too fresh, for one ting. But there are high, broad platforms upon which it is not impossible for them} to unite for the common good, despite the radical differences as to details and secondary considerations. There is .the broad, easy, shining road to heaven pointed out by Christ in “Love one another,” which is the road that all churches would have sinners take, and which is open to all, regardless of what church uniform they wear. That admonition of the Master is the basis of all Christian re- ligions and all Christian churches, It has been the moving force of civiliza- tion, notwithstanding that it has been littered with ereeds, denominations, rituals and ceremonials. ‘When this common road is blocked, as by a world’s war among Christians, aided by heathen and anti-Christ, surely the Christian forces of the world ought to be able to unite and at least make an effort to clear the road. This war is surely a challenge, a defiance to all organizations based on the teachings of Christ and the good- ness of God. Diplomacy and slaugh- ter seem unable to produce one ray of peace. Looks as if George Perkins and Ev Colby were going to split off from the G, O. P., but we understand that Ted- dy and Taft are still in alliance. ..The United. States supreme court having decided that the white slave law applies to “private escapades,” Joy-riders had better have signs put up at state lines. Sometimes it takes a liar to make us believe the truth. THE ONLY ANSWER. When two fundamental principles disagree there is bound to be serious friction. When this is the case with nations, friction is liable to result in war. One of the nations eventually must surrender its policy or there will be friction, and if there is friction there is Hable to be war. The policy of this nation in dealing with Japan directly opposes the na- tional policy of Japan. Either Japan will have to surrender her contention that her citizens shall ‘be received by the United States on an equality with the citizens of other powers, or this country will have to surrender its policy of Asiatic exclu- sion. | If neither surrenders these funda- mental principles there will be con- tinued friction, which may result in :War. : These are facts, disturbing as they May be. I we dicide to maintain both the Monroe doctrine and our policy of Asiatic exclusion, there is only one answer: A navy large enough to de- feat the world’s second naval power in the Atlantic, and at the same time defeat the naval power in the Pacific at whose strength we can now only guess, At present we could not defeat them together. ‘Nor could we deféat alone =the power in the Atlantic. We do not whether or not we could defcat | { ‘of the earth are all female. was goddess of agriculture, Fortun2 | which o the c 5 » sun, saying: ‘ Member Audit Bureau of Circulation | B 6) ome the cheering rays of the su! ying: work, work, work. | carried the horn of plenty. But the! This week it seems the judges powers which wrought destruction— | have te made much progress, and Time: Witcand Death-=were. all mas'| Ver ouring business hours we have all | periment stations which the govern- decision, they sign up on the original. BISMARCK DAILY TRIBUNE MONDAY, ‘JANUARY 22, 1917. that is busily engaged in collecting an! indemnity of our national doctrines | jand dollars. —_—_—_—_—_— OF EQUAL IMPORTANCE. | In Greek and Latin mythology, the | i powers which control the fruitfulness Saturday Evening Letter By Justice J. E. Robinson Every morning at nine a. m. I arrive at my cheerful room in the south- Di te west corner of the capitol, put off my coat and work until] five p.m. There emeter are four large windows, two in the south and two inthe west, through been working e beavers. We have ‘been looking after the odds and ends puts both the old|and have heard arguments in seven and have virtually decided culine. The great wi yihs a » new sciences to the | Ca8€5, myths and the n aces them. test and seems to prove both right. | Let me tell you how the business Not to Mars, god of battles, but to| runs. When a party appeals to the Demeter, the lady of the fields, must! supreme \court he must cause to be go the glory of winning this war, transmitted to the clerk three or more rae PARES as typewritten or printed copies of the cording to a general belief. j appeal record. Then each party makes In Europe the farmer is regarded | and files several copies of a printed as of eqqual importance with the mu-j brief, which should contain a clear and nitions maker and the soldier, Agri-| Concise statement of the case, the i ieenGoenlaed at Mo militar |facts conceded and the facts disputed, culture is recognized by a me 7} with the points of law and of fact to authorities as a chief source of na-| be decided, The clerk sets for argu- tional defens Consequently a mar-iment every week six or more cases velous new science of agriculture is ead nolilice the atlonieys: ah after oj wveloned py the warring na- (the me of argument the chief ju being “develope aby ts waTmne ie assigns to each judge one or more Cas- tions and parallel to it in this country |e, in which to write a decision. When is the work of the agricultural ex-) al] the judges examine and approve a Then it is filed with the clerk and he ment has established in each state. | gives notice to the attorneys, and that The trained farmer is doubtless aS| ends the matter unless there be a mo- essential as the trained soldier to any | tion for a rehearing. scheme of nation preparedness, And Now it often happens that a law- y yer has not a Way of stating his case at art cesses mean cheap-| ¥ is Hettor. {uring processes it P*l 50 as to appeal to the understanding er food for the people in times of! of the judges and he may talk over peace. Provided—the distribution of; their heads, while they sit and listen foodstuff, its transportation and meth-' like dummies. To prevent this I have ods of marketing, are managed in a assumed the task of looking into the : ’ records of every case before it is ar- fair way. gued, and then I am in position to state the case in a few words so that The annual fall spectacle of acres any person can understand it, and to direct counsel to the material points JUSTICE ROBINSON. of choice fruits Jeft to rot, on account jof car shortage, and of thousands of dozens of eggs spoiled in cold storage. on account of price manipulations, is one to discourage the great goddess Demeter herself, not to mention her devotees, the farmers, Kaiser Tom seems to have the con- gressional allies guessing. —— NO MAN’S LAND? Whatever the peace terms—no mat- ter when they are made—who can estimate a just indemnity for No Man’s Land? That narrow strip which twists and turns between the trencl ropé’s, opposing armies has a value different from any other stretch of land on earth. ‘ Over 5,000,000 men have been killed since the war began, according to fig- ures computed by the War Study so- ciety of Copenhagen. How many hun- dreds of thousands have died in No! plaintiff was a banker. (Man's Land will not be known until the army records.of all the nations have become a part of history. It is not by its width and length. that the price of the uneven lane 5e- tween the barbed wire entanglements can be reckoned; the number of its déu@; the blood which the ground has sdaked up, the agony of wounded men who lived hours or days beyond help of a friend or mercy of an ene- my, the thwarted purposes of youth must be added to the estimate. With the last breath of every sol- dier dying so, there went out from the world a spark of heroism—and who can set a price on heroes. Every man dying there left behind some unfulfilled ambition, some duty unaccomplished, some plan of living uncompleted, some work of love un- done—ust as dear to him, and just as/ of the case and to discuss it with the lawyers, In that way we save much time and come to a good understanding of the case, Now I do not claim ‘the exclusive right of examining into all the records and acting as a volunteer spokesman for the court or myself when the law s argue a case, and I will gladly resign the job to any other judge who is anxious to undertake it. Let me give you an illustration to show how it works: At Minot., a person is convicted on a supposed double charge of maintaining a common nuisance by keeping a house for the sale of intoxicating liquor contrary to law. His sentence is two years in the state’s prison. He ap- ‘peals to the supreme court. His case is called for argument and his attor- iney is about to address the court. Then Judge Robinson says: “I have looked into the record of this case and find there is no complaint or in- ; formation charging a public offense, Which is necessary to sustain the con- | viction, While the information charges that at a certain time and place, |some seven years before the complaint was made, the defendant commit- ted a common nuisance and that he was convicted of the same. it does not ‘contain a word to show that the common nuisance had any relation to the sale or giving away of intoxicating liquors. For aught that appears from the complaint, the nuisance might have been the obstruction of a high- way. Under the constitution no man can be deprived of life, liberty or property without a strict observance of the law. He cannot be convicted nes of fu-/of a crime and sent to state’s prison only on a complaint or information | {charging him with the commission of a crime. i Neither the attorneys nor the trial judge had observed this fatal de- j fect inthe complaint. The case did not merit a consideration of five min- utes, Let me tell you of a motion for a rehearing in the Grant Youmans case. When this case was called I had just passed two days and part of two nights in examining the massive records, and thought that I knew | more of the case than the attorneys. Hence I put the case to the court \and counsel in this w: “Some two and one-half years ago, at Minot, the He and his wife practically owned and controlled ia bank with large resources and deposits, which was doing a fairly pros- perous business, but the bank examiner and others came upon him and for- cibly closed the bank,.taking all the property of the ‘plaintiff and of his ‘wife and the bank. In time he brought an action to recover against them | big damages. The case was tried before Judge Kneeshaw, who directed a verdict for the defendants. The plaintiff appeals to this court and the ap- peal was filed on September 20th, 1916, Now, according to the usual pra tice, the case could not have been put upon the calendar for argument un- til the December term, 1916, but in some way it was rushed and advanced, and it was decided without any argument. A motion for a rehearing was made and it was decided against the plaintiff on December 28th, 1916. Now the case comes before the court on a motion to recall the remittur, to reconsider the case, to reverse the judgment and to grant a new trial. The motion is based on errors of law occurring at the trial and because |three judges who signed the decision and denied the rehearing did so af- ter their term of office had expired, and after their successor had duly |qwalified. It may well be contended that the three judges held over wrong- lfully and that they were without jurisdiction just as much as if they had held over until the present time, but all that is’a minor question in the case. The real point is that there was an abundance of evidence to go to the jury on the proof of big damages, and the-record abounds with errors and shows that the trial in Minot was a mere trav on the administra- tion of justice. The plaintiff has specified some three hundred errors, and jhe might well have specified twice that number. I think in such a case it should suffice to say that the record is all a mass of errors. It shows a shameful trifling with the administration of justice and in this court. There was no proper excuse for rushing the case to a final decision when there likely to be made true by him, had he| were numerous cases preceding it on the court calendar and it was all lived, as any great project or hope of men living in the safe places of the; world today. Painters, sculptors, poets, inventors, men of the shops and the fields, all are buried or burned together, or| the case. their bones lie bleaching. somewhere | along this modern “sacra via” of the nations. All who survive the war will profit; written: by their sacrifice if the right kind ot! peace is made. All the world is debt-| or to them, but all the nations togeth- | ONE OF YOUR FINGERS, er cannot pay a suitable indemnity | January 20, 1917. for No Man's Land. funeral of justice, contrary to the usual practice of the court. The law favors the retrial of doubtful cases, because it causes no injury to any person, while the de- nial of a new trial may do a great and lasting injustice. While I insisted the motion for a new trial must be heard and decided on the merits and not on technical grounds, the attorney for the defendants insisted only on technical points and failed to say a word on the merits of In time I hope that Mr. Murphy and all the other lawyers of the ‘state will: learn that it is sheer folly for them to come here and ask the judges of this court to become the pallbearers and the chief mourners at the It seems the Devil himself invented technical points to defeat justice and to aid lawyers who have no other defense; and so it is | WOE UNTO YE LAWYERS, FOR YE LADE MEN WITH BUR- DENS WHICH ARE GRIEVOUS AND HEAVY TO BE BORNE, AND YE YOURSELVES TOUCH NOT THE BURDENS WITH i No material compensation can be; made for spiritual values.‘ | Cow Punchers Much in Minority Among Men Who Drafted Our Constitution The most that anyone can do is to} stop, once in awhile, and think in all) humility and sincerity of those who; die in war ‘that a better world may! come. SHOES SEISETE9 OOD @ LITERATURE CALLED | Cow punchers were very much in f 4 !the minority among the men who © “COWARD'S CASTLE!” © dratted North Dakota’s original con- By Samuel McChord Crothers. stitution. (Famous Literary Critic.) Contrary to a statement atte ialed ii anid to President A. C. Townley, of the It Uterature is/-to: Keon ite Nonpartisan league in his present Place as a joy giver, the lit- speech-making tour the guardian of erary man must be taught to our liberties was framed by men rep- know his place. He does not resentative of every important inter- have to describe to us things est in the state, with farmers well in ‘ the majority. which we know just as well “Cow-punchers and Indian fighters as he does, and which we all planned the present constitution of can see with our own eyes. Literature is the real cew- ard’s castle. A man sifted & ° e e ° ¢ e ¢ ¢ ry North Dakota, The farmers of the ° ° © with good power of expres- ° ° ° ° ° ° ¢ ° ° ° ° « state were not consulted,” President Townley is reported as having said. Delving into the personnel of North Dakota's first constitutional conven- sion may say in a bovk what he would never dare tc sav face to face to any of us. The great masters of lit- tion, which assembled at Bismarck on July 4, 1889, reveals the fact that erature have been men of great personality. They talk to us 29 were farmers, 24 were lawyers, nine merchants, five bankers, three personally through their works, and the test uf 2 book real estate men, two publishers, one lies in whether we would like a doctor and one a railroad man. The president of the convention was to meet the man who wrote it —whether we would like to know him and talk to him and @ exchange ideas with bim. | a farmer. Not a single member of that con- vention gave his business as “ranch- ing,” “cow-punching” or “Indian fighting.” As a matter of fact, very little In- dian fighting was done in North Da- kota after the early eighties. Nationally, the convention ‘members were apportioned as follows: Ameri- SPHSHOS ISPS SSHSHTOPPPHSTHEPRE OOS | Frederick B. Fancher, of Jamestown, ; can, 22; English, 15;- Irish, 12; Nor- wegians, Swedes and other Scandin- avians, 10; Scotch, 6; Scotch-Irish, 3; Scotch-American, 1; Scotch-Dan- ish, English-German, Dutch, German- Irish and Irish-Welsh, ‘each one. North Dakota has always regarded its first constitutional convention as a pretty fair, very. .representative group of men, good citizens all, and if any of them did a. little Indian fighting in their early days, or even some cattle punching, ‘twas ‘cause it was the fashion of the period. And no one then or, now regards either of these occupatiohs as especially: un- manly or demoralizing. CAR BOBS HERE ..Car Stoughton Mainite Bobs for dis- tribution from Bismarck dealers only. Write or wire Geo. B.. Farrell, Bis- marck, or phone 388 Cayou Transfer Company.—Adv. Expert Phonography and Typewriting Phone 774 WALTER. W. Sci | before the muddle is straightened out. THIS 13 KO PLACE FER | ICE PLANT FOR MANDAN PLANNED, i} | At any rate, W. F. Anderson, who for | the past two years has had full swing lof the ice business and up to the |present time, so advises. He contem-; |plates installing a complete strictly | modern ice manufacturing plant which ; | will be located in the large ice house on Sixth avenue northwest. If suc: cessful he will start a cold storage department in connection with the ice business. He contends the daily out- | put of ice will be about 20 tons, whick| will amply care for the needs of the: people for years to come. ee 8 MANDAN HOPES FOR REPEAL BLUE LAWS. Not a business house was open Sun- day, except the restaurants, which gives evidence that Mandan is one city in the state that is-abiding by the unreasonable blue law and there is hardly a citizen in the ‘city that does not earnestly hope the Taw will be re- |pealed at its first opportunity. se 8 | MANDAN COMING STRONG. -- The Knights of Columbus held an important meeting yesterday after- |noon in the offices of H. J. Tavis, The | object of the meeting was to vote on |candidates whose applications have | been presented to join the Knights of | Columbus lodge at Bismarck on the \day of the annual initiation and ban- quet which comes on Sunday, Febru- ary 11. From present indications Man- dan will be represented at the: Bis- marck council with candidates at the ensuing initiation. Mandan has a large number of Knights belonging to the Bismarck council, with the pos- sible exception of three or four who are members of the Fargo conclave. eee SECRET CELLAR AT RICHARDTON 18 BOOZE DEN As a result of a raid made by Spe- cial Agent J. F. Murphy, Assistant T. F. Gillday, Sheriff Fred Hartging and Deputy Arm Branick, three of Rich- ardton’s leading merchants and @ drayman are under arrest at Dickin- son, Hundreds of bottles of beer and whiskey were unearthed in a_ secret ‘cellar in the home of George Schsen- Jein as the result of an investigation j made by the officials, It is more than jlkely that more arrests will be made Mandan is to soon have an ice plant. . ! MANDAN NEWS dicitis. Complications set in and death ended her suffering. The de- ceased left a 16-months-old baby, be- des her bereaved husband. The fun- eral will be held tomorrow, oe e Dean Helland returned to Stanton Saturday afternoon after attending to business matters and renewing ac- quaintances. Mr, Helland was former- connected with the Mandan Ab- ract company. ’ He PP Miss Helen Neumann, sister,of Mrs. R. J, Vickers, has taken a, position at the courthouse assisting“in the tran- scribing of the Morton county records to Grant county. * * Henry Kinzel left Saturday after- noon on No. 7 for Fargo to spend a couple of days looking after business matters, » ¢ © _ Special Agent J. F. Murphy return- ed to Glendive Saturday after spend- ing several days in Mandan looking after business affairs. xe oe T. F. Gillday, local detective for the Northern Pacific, having charge. of the Missouri river district, was called to Richardton on official business Fri- day, returning Saturday. xem Attorney J. K, Murray of Mott, who has been in Mandan on legal business affairs in connection with the noted damage suit trial of Matt Froelich versus the Northern Pacific, returned this afternoon. * * The dance given Friday night by the Revelers was well attended and is re- ported as a great success. It is ex- pected the club will hold another dance in the near future. et 8 Many Mandan people were disap- pointed because Mrs. “Bob” Fitzsim- mons deemed it necessary to cancel her Mandan engagement. .* * Judge S. L. Nuchols expects to go to Bismarck Wednesday to appear be- fore the supreme court in the Adams county case from Hettinger, E. Simp- son vs. J. M. Perfect. ‘+e H. W. Jarper of Solen was number. ed among the business visitors who were in Mandan Saturday. ote Scott Lukins of Yucca was in Man- day transacting business Saturday afternoon and returned home Sunday morning. sae Thursday night the Northern Paci- fic depot at Richardton was broken in- to and several bottles of beer stolen. 'The act required the immediate at- ‘tention of the company's special de- tective, J. F. Murphy, and his assist- ant, T. F. Gillday. In the meantime the sheriff of Stark county and his as- sistant went to Richardton to confis- cate some liquor which was being ship- ped in illegally. After the beer was seized, a drayman, Frank Cooper, stole the beer and secreted it in the “secret cellar.” The thrilling act resulted in an immediate investigation and the | Stark county officials ‘with the assist- ance of the Northern Pacific detec- tives soon located the stolen goods and more besides, Others implicated in the affair are George Shnieder and G. P. Gress, two merchants of Rich- ardton. ~ The arrests of the ringleaders have been made and tliey are all now in Dickinson pending a hearing which will be given them in a few days. Spe- cial Agent Murphy stated Saturday that it is possible more arrests will be made. , eee FRED 8TASEK 38 DEAD AT MANDAN Fred Stasek of the First ' National bank died Friday night at 9 o’clock, Senator. Leutz of Hebron was in Mandan yesterday looking after busi- ness matters and renewing acquaint- ances, . 28 County Commissioners C. P. O'- Rouke, S.J. Nagel and Theodore Fe- land returned home Friday night on No. 1 from Minot, where they had been attending the annual county com- missioners’ ‘meeting. oe ’ Hilma Cass, who is teaching school in Flasher, arrived in the city Satur- day to spend Sunday with her par- ents, Mr. and Mrs. Frank Cass. + ae Miss Hildegard Usselmann, who has been a patient in the Mandan hospital for a number of days, was dismissed from that institution last Saturday morning. se 8 Trainmaster Join Wynn of Dickin- son is in the city lovking after official business matters. ee @ Joseph Gauer of the Mandan Mer- cantile. company at Flasher was in Mandan over Sunday visiting witn Mandan friends. ey E. Nugent of Glen Ul- jandan Saturday attend- Professo: lin was in BLACKBIRD TAKEN FOR WHITE-SLAVING --- SAD TO BE POWERFUL BAD Night Captain Chris Martinson and Officer Huber Make Im- portant Arrest Although Charles Simpson is of a very dusky hue, as are the alleged ar- ticles of commerce in which he traf- fics, he was placed under arrest here Saturday night on a charge of “white- slaving,” and yesterday Sheriff Olson of Morton county came over and re- turned the prisoned to ‘Mandan, where he is to face trial for a number of unpleasant things. Night Captain Chris Martineson and Officer John Huber made the arrest in a negro rendezvous on the south side. Simpson made no resistance, al- though he. has the reputation, among his own kind, of being a “opw’ful bad nigger.” In’ addition to the more , serious charge of white-slaving, wtih black girls as his victims, Simpson is said to have created a. scene on Main street in Mandan récently by driving one of his “girls” into a second-hand shop, where he was preparing to “beat her up” when the proprietor drew a gun from stock and forced Simpson to leave the place. ONE UL 8, MARINE (LED WW BATTLE (United Press.) Washington, Jan. 22.—A night fight between native bandits and American marines in the Dominican Republic resulted in ‘the death of one.marine, and the severe injury of another, it was reported today to the war depart- ment. GERMANS REPORT SUCCESSFUL MOVES ALONG CARPATHIANS (United Press) Berlin, Jan. 22.—Successful field en- gagements in the eastern Carpathians were officially announced today, West of Freiderichstad, the official state- ment also reported the repulse of Rus- sian attacks, there was a constant increase in artil- lery fire. West of Panchiutanchru a_ hostile company attacked the Teutonic posi- tions along the Pulta river and were repulsed. There were several minor engagements along the Macedonian front, the statement said. Dealing with the western front, the statement said that several minor Eng- lish attacks near Lens were repulsed. Several French soldiers and a few ma- chine guns were captured when the German reconnoitering parties enter- ed French trenches and returned with- following an operation for appendici- ing to business matters in connection tis, The remains were taken to his! with his position as superintendent of home in Deer Brook, Wis., for inter-/the Glen Ullin schools, at the county ment, Funeral services will be held; superintendent's office. He returned Tuesday morning. His brothers, Saturday night. James and Harry, were with him at SM the time of his demise. * Fred Heinrich of Ashley, one of the stockholders in the Merchants’ Nation- Mrs. George Hoffnecht of the Sweet al bank, was in Mandan Saturday lool Briar district, passed away at the ing after business iiidtters atid rehew- Mandan hospital Friday morning, fol-“ing acquaintances. He returned to lowing an operation for acute appen: his home’Monday morning. out harm. Near Pont-a-Mousson slight activity was reported. re eee WIFE OF MAN WHO ASSISTED IN ARREST OF DAVIS IS DEAD Fond du Lac,. Wis. Jan, 22—Mrs. John Norton, 76, died today at Green Lass Bho as the wife,of John Nor- mn, one of the patrol that c: Jeff Davis. pei WRECK REPORT DENIED. Reports reaching the city that a wreck had occurred on the Mandan di- vision lacked verification from the of- fice of the Northern Pacific headquar- ters this afternoon. AYRES IN THE CITY. M. L. Ayres of Dickinson spent yes- terday in Bismarck, returning to that city early this afternoon. WILTON ATTORNEY HERE. Wade A. Beardsley, an attorney at Wilton, returned to that village this morning after attending to court mat- ters at the courthouse in connection with this term of district court. Five-reel ‘ Paramount- feature, “He Felli Love wite Hite wite,"atid two comedies at the Bismarck theater to- night.” rs North of Oitoz valley -