The Bismarck Tribune Newspaper, February 24, 1917, Page 4

| , “Witendtiadedendiiedeemntannad: Lasttamihedl Roll THE TRIBUNE)". of the Nineteenth Century, ts| distinguished from its predecessors by meearee at the Postoffice, Bismarck, N. a2 Becond Cass, Matter. a “single effect.” ISSUED EVERY DAY EROREREUNDAT) “There is no bas‘ Daily, by mail or carrier, ‘single effect’ story has not been used per month .... ..ee.. $ .50/ by writers and story tellers in all Daily, by mail, one year in periods in the history of the world.” HON asain ne A short story is simply a story that North Dakota, one year ,,... 6.00/18 short—short enough to be perused Daily, by mail outside of jat one sitting. In substance, this is North Dakota, three months. 1.50 | the Lawrence theory. Any other lim-! Daily, by mail in North Dakota 1,95/ itations in the way of definition are 4.00 three months ........ its effort to produce upon the reader 25 1.50| Simply confusing, this writer avers. ‘Weekly, by mail, per year ..... ‘Member Bureau of Circulation THD STATE'S OLDEST NEWSPAPER In setting his face against the al-| most unanimous verdict of _ other} (Established 1878) critics, and in declaring that a short! — * sa ——-'story essentially as it exists today is > older than the pyramids, Mr. Law-; = <= = =!rence proceeds to present a formid-! LOCAL WEATHER BULLETIN. | able array of evidence. After going way back to the ancient ballad and carrying the short story through a maze of historical data, this 5 Tevolutionary critic concludes that the | 4 only difference between the highly --1l embellished tale ,of today and the Toe simple folk lore which has come down z through the ages, is verbal—the simple matter of the use of words. Unsettled to-! Written language, he says, having, probably snow; | more words and hence more shades of , meaning, is able to better clothe its Temperature} subject with greater precision and a 38 For the 24 hours ending at 12 noon, Feb. 24, 1917: ‘Temperature at 7 a.m. .. Temperature at 12 noon . Highest yesterday . Lowest last night Precipitation Highest wind veloc Forecas! For North Dakota: night and Sund not so cold tonight. > Calgary Chicago exactness, | Kansas City | Moorhead . ; You can't swerve the car of jugger-} Pierre .. |naut unless you get a bead on its St. Paul ae e is ei Winnipeg | rivers be era ; St. Louis | | San Francisco . | BUDGET REPORT, | Wiltst a | North Dakota’s budget created by Villiston Sista 5 is ” 5 si ORRIS W. jthe 1915 legislature has presented an: {exhaustive report for the guidance of! ———___— {the legislature. It presents in an or-) eee eee se eee ss 2% * * erly, clear and concise manner data| * — Politics is the science of exi- */for the in formation and direction of) * gencies.—Theodore Parker. */the various legislative committees.’ eres ees ee ee ee * Ss *% * Every member of the legislature |should study it carefully if he desires} ‘to reach an intelligent decision when} the appropriation measures come up| for final passage next week. It is North Dakota's first experi- ‘i ment in scientific budget making andj plstform’a%clause endorsing therestab: the impression made upon the legis-| Ushment of a school in Stark county. |jsture will be watched with interest., The people by a vote of 60,982 to} t Meteorologist. DICKINSON NORMAL. There should be no uncertainty rel- ative to an appropriation to erect a normal school at Dickinson. The Re-, publican party incorporated in its} 43,334 stamped approval upon the lo-/ cation of a normal at Dickinson.. In addition to the pressing need for| better educational facilities on the | Slope to train teachers for a district} institutions, heard those in charge up-| This information never could have) ture therefore is fortified by an en- ere a dorsement of the project both in the| **e and House appropriation commit Republicar platform and through pop-| tees eonteumed 8 vere emcunt of pree| ular referendum. Never before in the history of the state has her people been more em- phatically on record as favoring a project. The members of the legis- lator should do their plain duty and provide for a state normal school at Dickinson. port of the budget board just off the} pre state’s finances. presented: Treadwell Twitchell, P. The jingoes of yesterday are loud- i yeaah crenata ae ”’ says Mr. Law- - & SUBSCRIPTION RATHS, PAYABLE IN rence, “for the contention that the 5 | i | | \ | | | on their needs for the biennial period.| (Written Espe The Peace-at-Any. — Every Liberty We Enjoy in America Today Is Ours Because Men Were Willing to Fight and Die for It! woccocecee. |The budget board visited the various, By CHARLES EDWARD RUSSELL. cially For This News- Paper.) brethren, After all, America—that been gathered properly by the legis-| qoesn't mean just a chance to pile up £ s lature. The old method of giving the} money and gamble’ in stocks and get} that is growing rapidly, the legisla-| «it itions hearings before the Sen-| Automobiles and go to tea parties and | | gabble and idle and grow fat and so | on, does it? . that At lea isn’t what it has ious time. All of this has been practi-| meant heretofore in the world’s af- cally eliminated and in the bound re-| fairs. ‘Some of us seem to have forgotten our American history and to need a our bearings and remember what it A word of commendation is due the; is to be an American. With all our supposed devotion to following men who constitute North) ne Gollar hunt and so on, this coun- Dakota’s first budget board for the! try has always had more idealism} manner in which the data has been] than any other on earth, and that is not boasting, but merely fact. It began with an utterance on the est in their protests against the jingoes of today. “BONE DRY.” | The question of interest now is| when the federal “bone dry” law be-| comes operative. July * is the effec-| tive date for the appropriation Dill to | which the drastic rider is attached. | Those considered as authorities, | however, maintain that legislative! riders become effective as soon as the president affixes his signature to the! “general bill of which they are a: part.| This rider to the postal appropria- tion bill makes one-third of ¢continen-; tal United States dry. In addition to| this arid territory, are the semi-dry | states which have local and county option laws regulating the sale of liquor. The “bone dry” feature of the postal | bill reads: | “Whoever shall order, purchase, or cause intoxicating liquors to be trans- ported in interstate commerce, except for scientific, medicinal, or mechanf- cal purposes, into any state or terri- tory prohibiting the manufacture or sale therein of intoxicating liquors for beverage purposes, shall be punished ‘by a fine of not more than $1,000 or imprisonment for not more than six months, or both, and for any subse- quent offense shall be imprisoned not more than one year.” It’s getting fashionable to be arrest- ed for giving birth control informa- tion. THE SHORT STORY. The “modern” short story is not modern at all. It isn’t new, for it has existed since the time of the cave man. And it isn’t essentially differ- ent from the infinite variety of stories that have come down through the cen- turies. This theory, which revolutionizes the dictum of Edgar Allen Poe and| will pass. practically all short story critics sinee Poe’s time, is interestingly set forth in the February North American; Review by James Cooper Lawrence. In refusing to believe that there is; such a thing as a Nineteenth Century! or # Twentieth Century short story,| Mr. Lawrence crosses swords with Brander Matthews and a host of the Jatter’s supporters. Matthews has T. Kretschmar, L. B. Hanna, Henry! inherent rights of man that was far J. Linde and Carl O, Jorgenson. Really the only interest the public had in the leak investigation was the} disclosure of planned and profitted by the misuse} of official information, Nobody cared luprisings that drove Spain out of the} a particle who the go-betweens were.' western continent and launched the} NATIONAL PROHIBITION, National prohibition seems to be the “higher-ups” who | the French revolution, the greatest and away the finest word ever said) jon that subject. i ; It made its faith into deeds at the} } price of sorrow and blood. It was the inspiration and parent of | boon to mankind in all medorn times. It inspired and helped along the! South American republics. It helped Greece to win her inde- : pendence of Turkey. It has always been on the side of| HIS WOR HAD ALL ‘PEACE- NY-PRIC- ERS,) WE WOULD ALL BE SLAVES TODAY. EVERY ONE OF US THE ISSUE TODAY is LIBERTY AND DEMOCKA- CY AGAINST AUTOCRACY }{ AND AGAINST THE WARS THAT ARE , HATCHED BE- HIND THRONES. eocccccooeenn nn eceooosoes such price. Thé United States has done that twice.. °, It is the only country that ever car- ried on a huge altruistic enterprise s a thorough analysis of the! slant or two at the records to get! like the government of the Philip- {pines. It is the only country that has ever returned as of a national indemni only country that has ever principles of abstract. justice when dealing with a conquered foe. it has things to its.eredit and things to its debit. like other nations; but ideal. That ideal is democracy, liberty, good will, decency and peace. We are now coming to a time when we shall be put to a test about this faith that is in us. For almost three years we have looked with horror and pity upon Eu- rope, bleeding under a war brought upon it by its surviving autocracy. In the twentieth century, autocrac through all it has*kept in sight an} womee | Also, there is.no use in trying to fool ourselves, about;.tlie terms on which peace can be,had and kept. Democracy, ‘liberty, enlightenment and peace are the progucts of sac- Tific every right that .we enjoy,is ours because in some other day there were men that were willing to fight, and if necessary, to die for it. If this world had been inhabited ex- clusively by peace-at-any-price men, we should be today nothing. Hut intel- jlectual and physical slaves, the whole | gang of us. War is jlightly to be thought of. are Wi 1 But, there jto inherit what has been gained by sacrifice, but unwilling to make any sacrifice to preserve it. oe To know that you, drag about, all your days an existente weighed down with the reflection that all the saints. and heroes of democracy and liberty have whought and suffered in vain because we have surrendered what j they had won. To be always oppressed with the thought that we were too cowardly, too greasy of soul and too fond of our fat ease to keep for our children | What was built for us out of the blood jof our fathers. | To have always before us the fact a terrible thing and not} rday This week Chief Justice Br good part of the time. One judge was. ol JUSTICE ROBINSON, Evening Letter By Justice J. E. Robinson SATURDAY, FEBA24; ‘1917. uce and myself have been left alone a ff to parts unknown; one to visit as Moball: one to visit at Grand Forks with his own wife and his new babe. It seems that a judge should be a priest: For who, alas, can love and then be wise? I am feeling as blue and de- spondent as Jeremiah the prophet. For me there is a real pleasure in doing this court business if it does not become ‘a drag. When the chief justice assigns me a case in which to write an pinion or deci- sion, I make it a point to do it promptly within two or three days. When any judge writes a decision and puts a copy of it on my table for approval, I side-track all other business and give an approval or dissent within an hour. Of course, I aim to know Yn advance just how the case should be decided. If in any case a judge feels that he can- not write up a decision in two or three days, I will sincerely thank him for saying to the chief justice: “Please assign that case to Robin- son.” This is no idle boast. It is a way to clean the slate. To the pure all things are pure. We have still on hand about 70 old appeal cases. To clean the slate, we must decide and finally dispose of ten cases every week., We must shunt down on motions for rehearing, which counsel are in the habit of making, just to ease their mind when a decision is giv- en against them. Though we incubate over a case for a year, it does not lessen the chance of error, As fear makes a man trouble and deluge fall in, so the fear of error is often the cause of error. Without proper self-confidence, there is a lack of clear mental vision. A person who is always in doubt and always hesitating and reconsidering, ceases to have a quick and clear perception. He makes his mind.a beast of burden. Under the present system a judge has to go over the details of a case several times and to keep it in his mind about two months. It is intolerable. is mental drudgery. This We. must stop it. Every case should be decided and finally disposed of within a few days after it is argue or submitte. This week I submit to the judges three A,B, C. rules: A. B. C. RULES. - (a) When, by the chief justice, a case is assigned to any judge to write the decision, his duty is to do it within two or three days and to submit a copy to each of the judges. (b) When a decision is written by any judge and a copy of it is laid on the table of another judge, his duty is to look it over within a day and to concur or dissent, so that in each week ten or more cases may be finally decided and the work cleaned up on the afternoon of each Saturday. (c) A motion for rehearing must be made within ten days after notice of a decision. the decision., It is only to be made on grounds of obvious error. It must not be 4 mere come-back or protest against in rare and exceptional cases and Here are two of my simple decisions, in which the judges concur: WADE V. MAJOR. ROBINSON, J.: This is an-appeal from a judgment permitting a redemption from a foreclosure sale, where the money was, paid to the sheriff the next day after the year of redemption had expired. The defendants appeal to this Court and insist that the Court is powerless to decree a redemption because it was a day too late. To redecm the plaintiff incurred a great expense. She risked her health and life in driving over the cold, drifting snows, when her driver lost his way. She put her redemption money into the handg of two sheriffs in the best of good faith, but by reason of accidents which she could not foresee or prevent, she got to the last sheriff a few hours after. the lapse ef the year from the date when her mortgagees had causd her property to be sold to themselves for much less than its value. ‘Now it would seem that if courts cannot give relief,under such circumstances, it is time for the judgés to go to bed and cover their heads in shame. The statute gives a mortgagee only a conditional right to becomaa purchaser of land at his own foreclosure sale. faith, so-as to avoid oppression and gagor through the forms of the law. He must act fairly and in good to take no advantage of his mort- He is entitled to only his money, + with interest at the enormous rate of 12 per cent, even though he gets it a few days before or after the year of redemption. He has no right to avail himself of the law to get something for nothing, or to speculate on the misfortunes of his debtor. To mitigate the asperities of the law and to grant relief against forfeitures, penalties, accidents, and mistakes, this has always ‘been the special function and the duty of courts of equity. This Court is not disposed to give the pound of flesh, because it is so denominated in the bond. The judgment of the district court is highly commended; and it is affirmed. SLETTEN V. BANK. ROPINSON, J.: This is a suit for redemption from a foreclosure sale after the making of a sheriff's deed to the purchaser. Under a mortgage made by the plaintiff on April 19, 1913, the bank foreclosed on a quarter section of land and bid in the same for principal and interest and: costs, amounting to $300.04. The trial court, by ‘Hon. J. A. Coffey, gave judgment for the plaintiff and the bank appeals to this Court. As the trial court found and as the evidence shows, the plaintiff's equity in the Jand amounts to $5,600, and so it seems the bank insists has no more place in government | that, while we were too cowardly to | | {than a stone hatchet has in industry.| fight for ourselves we were also base on receiving from the plaintiff 12 times the total amount of its little If the war ends without ab hing nearer than was expected a few years |every people struggling to be free. ago. No great economic issue during ; te made a yar te destroy slavery. ; ; } It is the only country in all s r as receive: 2 the present generation hai recei tory that ever held poss as close attention as this. We say) jand of such vast riches f economic advisedly for prohibition returned to its own people a pearl of ba and) | this ancient fountain of poisons it will end in nothing but a truce in which war, still greater. - It is well to seek peace and pur- But not into the horse pool. | sue it. { |enough to allow others to fight for us. Is all this likely to be said ever of -ithe world will get ready for another! Americans? Take down the story of Valley Forge and read it to yourself, slowly and thoughtfully. has long ceased to be a political issue ; here or in foreign lands. | No party can claim credit for the; | rapid spread of prohibition. The, UV. economic advantages of restricting} NOT ALARMED. the sale of liquor has impressed all Medora, Feb. 22, ‘17. parties and members of every politi-| Editor Tribune: cal conviction have contributed to-, My dear old friend Jimmie Camp- : creasii “dry zone” |bell is rather severe on Ferdinand. I ward increasing the “dry zone” of the | ther like the Germans,—and I sup- United States. |pose that it is because the mother of The recent passage of the amend-| my children was a descendant of one ment to the federal postal appropria-|of the bad Prussians. : * tion bill making it a crime to ship’ ‘Can the Ethiopian change his skin, " 5 or the leopard his spots?” There is liquor into a dry state, would seem to | <uch a time as the formative period forecast the early adoption of the,in all our lives: and there is, too, Webb national constitutional amend. | race love and race prejudice. Is there ment. : #°|a man or woman who does not love _ |bis native land? I cannot conceive If the amendment passes, its SUC- of the man who does not love his na- cess seems almost certain in view of | tive land: neither can I conceive how the fact that 85 per cent of the ter-)a man can change his nature formed ritory of the United States has out-| by thousands of years of inheritance | from remote ancestor: e sal 0 | lawed th loon and more than 60) yir Leutz was, I am informed, born per cent of the population live in ter-|in Germany, where his formative per- ritory where the sale of liquor is|iod was passed: in a country of al- illegal. most pure Teutonic stock, and had xi tely ),000,000 a Approximately 10,000,000 people re- of his country; of the time in the siding in all sections of the United| year Nine when Arminius destroyed States have petitioned Congress to| the Roman legions under arus, when propose a national prohibition amend-| Rome was trying to make his country ment to the constitution. ;men slaves. Perhaps he has visited a | Bone lane,-in the swamps where the —n READERS’ COLUMN b hibition. federal prohibition, the amendment divine right of kings to rule; he may |believe this: = 7 | does believe, or at least he says so. Congress has before it now the} We may laugh at this, but then we Webb bill providing for national pro-| were not born in Germany. Besides, hibition through an amendment to|it may be true; who can say? It’s true our foreign friends take an oath the constitution. There has been fav-|;, support our government, and to orable action in the house committee | forsake all other governments; but to and its friends believe that the: meas-| many this is only a matter of form ure will finall: ss at the next ses-|0f which they know little, excepting aion. = that it gives them the right to vote. s The thought never enters their minds In its present form the Webb/ that they might be called upon to amendment prohibits the manufac-| fight against their native land. This maintained vigorously that the mod- ern story was “invented” by Poe and ransportation, importation and|0ath does not change the man’s love ans ee crete for his birthplace; this would be an alcoholic liquors for beverage impossibility. Personally, we believe been taught all the glorious history} tae ae of Se eae can | pattis was fought which forever made_ i ‘ prevent the adoption of national pro-/free his country from a foreign yoke. |ers of your paper in the making up of | if? thirty-six: etates desire | He had besa taught too, pertape 654 ernment and extension of irrigation Wilhelm the Second; 'be as loyal to ds as any other em!- grant. provided they were not called ‘to fight against their native land. the part the Germans took in the war [of the revolution, but these were Ger- imans who were born here, of parents who had long been settled in the country, and whose ancestors fare jhad been paid to the country by Queen Ann of England. Fed, we are sorry to say, know anything of the history of these Germans, from what part of Germany they came, or the cause of their coming. But what a | grand lot of descendants they have left. | We have seen a little of war, and some of our ancestors have served in all the wars from the revolution, but we have had all we care for. M James, says he is ready and willing }to go, but we will remain in the Bad | Lands until Wilhelm gets to Fryburg | Hill. Yours truly, JAMES W. FOLEY. WANTS OTHER SIDE. i Bismarck, N. D., Feb. 24, ‘17. | Editor of The Tribune, | Bismarck, N, D. ; Dear Si: The writer has for the last few days (noticed your little editorials. Would it not be more interesting to the read- the editorials to print statements of not the so-called war propagandists, but statements also of the peace pro- pagandists? Variety is the spice of life and we really believe, in a crisis like this, jthese latter fellows are doing their j country more good or serving their country better than your ranting war propagandists. Their reasoning and good common sense is preferable, it seems, to the other extreme views of your war propagandists. Yours truly, F. J. CANN. You will find! more of the leading People of North Dakota registered at the Radisson than at any other hotel in the Twin Cifiee: | Much has been written lately about | +e eeoeoeoeoeoeee + BILLS PASSED BY SENATE ¢ e+e eeeoeoeoeoeoeoee Senate Bill 99, providing for the promotion of vocational education and appropriation. House Bill 226, relating to disolu- tion of corporations. t House bill 106, relating to construc- tion of transfer facilities. House bill 93, regulating bail in cases of larceny of horses or cattle. House bill 121, relating to state board of immigration. House bill 311, relating to duties of adjutant general. House bill 168 (with emergency), authorizing state aid for . establish- ment, construction, maintenance and repair of public roads and appropria- tions therefor. House bill 167 (with emergency), providing for dealers’ motor vehicle license fees and relating to motor | Vehicle license fees, registration tags, retary of state, claims and expendi- tures. COSHH SCH HHH HOS . BILL 77 RE-REFERRED + eeeeoeeoeoeeoeooeoe ese House bill 77, requiring railroad companies to construct cattle-ways in certain cases was re-referred to the committee on railroads. Action was referred until this af- 'ternoon on house bill 175, providing ‘for the creation, organization, gove- \ districts. eeeteeeeeeeeeoee + BILLS PASSED BY THE HOUSE + SOSH S SSH SHO FH OH Senate bill 121, relating to compul- sory education. Senate bill 97, providing method of naming school districts. 7 Senate bill 48, relating to assess- ments of bank stock. Senate bill 63, relating to capital stock of co-operative associations. Senate Bill 145, relating to con- struction of bridges and culverts. Senate Bill 80, relating to who may bring action for death. Senate bill 19, relating to taxatior for promotion diversified farming. Senate bill 55, relating to taxation of personal property. mortgage, with interest and costs. That seems like trying to kill the disposition of license money by sec- |. goose that laid the golden egg. Under the statute a mortgagee or his assigns may fairly and in good faith become a purchaser of the property sold. Good faith consists in an honest. iptention to abstain from taking an unconscieptious advantage of another, éven through the forms ané technicalities of law. of their property. The Jaw and the Gourts are not made to rob men The case is much.the same as if a party should pledge or pawn a watch worth $120,.as security for $10, payable in a month, and after the lapse of the month when the owner comes to re- deem his watch, the pawnee says to him: sold the watch to myself for $10.” “You are too late. I have Of course that is not good faith. It is trying to ‘take an unconscionable advantage of another through the forms and technicalities of the law. And strange as it.may seem, there are some court decisions that do in such cases hold in favor of giving the pound of flesh, but we prefer to base the decision of this court on a broader and better equity. We agree, withthe trial court that the foreclosure was unnecessary; that it was conducted in bad faith and for the purpose of obtaining title to the plaintiff's land, and that the debt might well have been collected by fair and courteous notices and correspondence, without piling up costs of foreclosure. ‘of the District Court is affirmed. The judgment ————————————————— —CCSSSSS—Seeeee Senate Bill 102, relating to causes for divorce. Senate bill 88, relating to settle- ment of causes of action for damages. Senate Bill 223, providing penalties for violation of provisions of account- ancy law. Senate bill 1, concerning registra- | tion of land and titles. Senate bill 228, relating to cost of maintenance of patients in state tu- berculosis sanatorium. Senate bill 133, relating to relief of poor persons. | Senate bill 202, relating to support of feeble-minded persons in institu- tions of feeble minded. Senate bill 200, relating to public nuisance. Senate bill 212, relating to. duties board of university and school lands. Senate bill 74, relating to beaver and otter. eeeeeeoeoeoeoeoeoeoeeos * BILLS DEFEATED | >¢ toeee+eoroeoeooesveoe Senate bill 38, relating to’ corpora- tions having banking powers. _ Senate bill 71, relating to exchange of any note, bond or mortgage or oth- er debt. Senate bill 56, relating to’ revenue and taxation. SoSH OCHO CHO Oe - BILLS RE-REFERRED ©: Seo eeoeoeeeeoeoe Senate bill 104, relating to purchase of road machinery. Senate bill 73, relating to reinstat- ing and validating charters of corpor- ations. (Judiciary.) Senate bill 76, relating to calling in .of district judges and payment. (Ju diciary.) “Senate bill 78, requiring all public service corporations to pay employes at least semi-weekly. (Corporations other than municipal.) Senate bill 46, relating to season for killing game. (Game and Fish.) tooo eeoeeoeoeooeoeoeoe * DEFERRED UNTIL TODAY * toe eeeoe+eeeoeoeoeoe Senate bill 54, providing for annual state conference tax officials. Senate bill 117, providing for erec- tion, leasing, purchasing and operat- ing flour mills by state. Senate bill 118, empowering legisla- ture to provide for erection, purchase. lease and operation of packing plant and cold storage warehouse by state. GACKLE LAD INJURED; STRUCK BY PASSENGER Gackle, N. D., Feb. 24—The 16-year- old son of Mr. and Mrs. John Remp- fert, living near Jud, suffered a brok- en leg, bruises and internal injuries Tuesday when he was struck by the morning passenger train. > . , 4 Ss © ' ' : ‘ fe ey + ie an ‘3 we " |