The Bismarck Tribune Newspaper, March 16, 1917, Page 4

q a UDA NRAL Neirnare NRA SRN ERENCE ER sme i RE 81 BISMARCK: DAILY TRIBUNE eS ce URN eh OURS PN eS PM a bn emt / FRIDAY, MARCH 16, 1917. THE TRIBUNE <q neas am * Daily, by mail or carrier, | per month ..).......eeeseeee $ 60 Daily, by mail, one year in | North Dakota Daily, by mail outside of North Dakota, one year .,... 6.00 Daily, by mail outside of North Dakota, three months. 1.50) Daily, by mail in North Dakota | three months ... - 1,25] ‘Weekly, by mail, per y r 1560 | {Member Audit Bureau of Circulation _|revenues from import duties is the} TH STATE'S OLDEST NEWSPAPER | (Hatablished 1878) <p | | | a —| | LOCAL WEATHER BULLETIN. For the 24 hours ending at noon, March 16, 1917: Temperature at 7 a. m. . Temperature at noon . Highest yesterday Lowest last night . Precipitation Highest wind veloci 18! 08 | Forecast: ' For North Dakota: Snow and cold-| er tonight; Saturday fair; fresh north- ; west winds. t Calgary .. 8 i Chicago 30 Kansas City 44 Pierre ... 24 St. Paul ... 26 i Moorhead . 26 | Winnipeg 6 | St. Louis 42 San Fra 42 Helena, 6 Williston... 16 ORRIS W. ROBERT Meteorologist. CZAR ABDICATES. Press dispatches at this writing have failed to state the fundamental reasons for the upheaval in Rusia. The fact that Czar Nicholas has ab-| dicated indicates that the uprising is not of an ephemeral or sporadic na-| ture. Linked with this news comes the in- timation that Germany, too, insists on throwing off the yoke of a military and paternalistic bureaucracy. Just what effect developments in Russia will have on the war no one can predict. It has been known for sometime that there was unrest in Russit and Germany over the admin- istration of the food supply. Privi- leges |were enjoyed by one class de- nied to others and speculation com- ‘ined’ with governmental graft were prevalent in both nations. These doubtless were contributing causes to demands made in Russia and Germany for a more democratic form of government and the wiping out of special privileges under which hoth nations have chafed. ‘4But there is little similarity between je situation in Germany and that in vept-upon the surface. The GF leaders are merely yielding pular demand for more repre- séntatife government, but any dras- tie actin is to.bé fdaldved until the ‘war nears an end, if, of course, the people themselves do not insist upon immediate steps to relieve the pres: | sure of present economic condition: It is in ‘Russia, however, that inter- est attaches now. Czar Nicholas has abdicated in response to popular clam- | or, surely a historic epoch in Rus- sian history, blackened by despotic deeds ever since the days of Peter and Catherine. The assassination of Rasputin re- vealed to the world the political un- rest in Russia. There has been two strong undercurrents, one friendly to the Entente and the other seeking to force Russia to make a separate peace with Germany. In ‘addition were the economic con- siderations which took form in food riots at the capital and like demon- strations. These may or may have been inspired tq obscure the underlying and fundamental political motives for the upheavel. Until the censorship is ‘ifted and the world knows what kind of fer- sentation has been going on in Rus- sia since the war broke out, it is al- most impossible to discuss with any degree of accuracy the significance of the movement in its various aspects. On the surface it appears as a very violent protest against an autocratic form of government and a move on the part of the progressive element to bring Russia nearer to a consti- tutional monarchy. His abdication may mean a more vigorous conduct of the war. Rus- sia has been torn by internal dissen- tions since war was declared. Her military showing has been miserable to say the least. Reactionaries at Petrograd would father face national disgrace than Yield to the claims of a people. Priv- flege has become more sacred than patriotism. ‘The Russian people evidently have come to a realization that if they are to win this war, such leaders as Stur- ther and Sukhomlinoff, of Teutonic leanings, must be removed perman- ently from spheres of influence. When the clouds of revolution have “ lifted the world may see a United MRassia; @ people who have found themselves. > —_—_ vi WHY LATER? {collected at our ports of $74.0 servative. not| more likely to be favorable than they are on March 4. A better suggestion is that made by | Representative Lenroot of Wisconsin, that the inauguration be held Janu- ary 1, thus bringing into earlier e: fect any change of administration f which the people may vote at the pre- ceding election, Holding the inaug- uration in June would mean that the administration would not change un- voted. REVENUE FAILURE. Increasing imports and decreasing continuous record of the Democratic tariff law. The average rate of duty on all im- ports for the first seven months of the fiscal year 1917, July, 1916, to Janu- ary, 1917, fell just a trifle below 9 per cent. On imports totaling $1,248,- 99 { 265,000 we received customs revenue | 25 | amounting to but $121,213563. That] was in increase in the value of im- ports over the f seven months of the fiscal year 1913, under protective tariff, of $252,000,000 (an incre the rate of $26,000,000 a month) and a decrease in the amount of revenue 009, When Secretary McAdoo estimated customs receipts for 1917 at $230,000, 000 he believed the estimate very con- It now looks as if h mate would be $30,000,U00 too great, and that the revenue from this source will be not less than $120,000,000 short of the amount received in Republican times. STRIKE THREATENED. Unless President Wilson can secure some concession, the nation’s high- ways of commerce will be blocked by a general railroad strike. There is dual purpose in precipitating a crisis at this time. The employes believe that the international situation will force President Wilson to take drastic steps, even to the expedient of taking over the operation of the railroads, In the second place, the national pre- dicament, both as regards food sup- plies and general transportation con- ditions makes it an especially oppor tune time for the representatives of the brotherhoods, from their view- point,'té force the ‘issue. But how about the public? More than 100,000,000 people are vitallf involved in the, situation. Pub- lic opinion condemns any move to force a settlement at this time, espe- cially when the courts are now deter- mining the validiy of the Adamson eight-hour law. |. Congress on the eve of a general election was clubhed into passing a law which since has” proved satisfac- ‘tory to none of the parties. The brotherhoods “Havé © discovered that even if the law is upheld, it is a sur- render on their part of a very vital principle. In the past organized labor | has’ stubbornly .refused to recognize | the right of the government to fix ar- | bitrarily wage scales and hours of la- hor. The inadequacy of the law from jthe labor viewpoint has become more | apparent with the flight of time. Con- fusion over the manner of its applica- {tion should the court find the Adam- | son law valid has further complicated | conditions, In their haste to force a zecognition of the eight-hour princi fl with ten-hour remuneration, the brother hoods find that it was not a victory’ they won by intimidating Congress. Their attorneys have pointed out that the law passed is of doubtful value. As if anticipating an unfavorable de cision, the representatives of the rail- road employes engaged in the actual operation of the trains evidently have | decided that resorting to legislative action is less effective than the ordeal of a strike. Whether the strike will be called is only speculative at this time. Sat- urday is the date set, but much can transpire in the interim. Once before when Congress bowed beneath the lash of the brotherhood leaders, a date was set, but no strike was call- ed. Probably a strike is necessary to demonstrate that none of the parties to this controversy can afford to ig- nore the common rules of justice. The law is before the supreme court and the nation is confronted with a crisis, the worst since the Civil war. These conditions alone should deter labor from forcing the issues now. Public opinion is militantly opposed to a strike at this time and there is a general feeling that the employes might have held their demands fr abeyance until after the supreme court {has spoken. n SUPREME COURT DECISION OF SUPREME COURT Grant S. Youmans, Plaintiff and Ap- pellant. vs. Louis B. Hanna, et al., Defendants and Respondents. ‘Syllabus: (1.) A judge of the Dis- trict Court who is called to sit in the place of a justice of the Supreme Court, becomes, when he reports for duty and enters upon the discharge purposes in ein eee which authority a9 though he DOINGS OF OH 710M, COME AT once! BABY 1s — | | til eight months after the people had GOING | GET YouR COAT F ON ,DAD - WERE Richy / OUT Home! TURN HERE To THE RIGHT. THE DUFF. 8.0.8. By Allman OH Noy’RE Too LATE TOM!, BABY HAD His LITTLE TOE IN RIS MOUTH AND HE LOOWED SO CUTE | WANTED) Nov To ‘ ; SEE HIM ified to fill the office of Justice of the Supreme Court. (2) A decision promulgated by district. judge so called is the de- cision of the Supreme Court of North Dakota, and entitled to the same con- sideration as though it had been promulgated by a like number of reg- ularly elected Justices of the Supreme Court. (3.) So far as the public and third person are concerned, the acts of ol- ficers de facto, performed by them ficial authorit ding as de jure, are generally as valid ¢ they were the acts And this ) For the reasons stated in the opinion, it is held that Justices Fisk, Burke and Goss were unquestionably de facto justices of the Supreme Court of North Dakota during the month of December, 1916, and con sequently ‘their official acts during that time were valid. (5) When the Supreme Court has entered @ final order in a cause ‘brought there on appeal, and the re- mittitur has been transmitted to, and judgment entered thereon in, the Court below, the Supreme Court loses jurisdiction to recall the remittitur and reinstate the cause, unless the order dires‘ing the issuance of the re- mittitur was based on fraud or mis- take of fact. Appeal from District Court of Ward County, Kneeshaw, special judge. Motion to vacate order denvin2 a rehearing. Denied. Opinion of the Court by A. T. Cole, ict jj Hanley stricts judge, . Robinson, J., dis- and Grace, JJ., did Birdzell not participate. Hon, A, T, Cole, judge of the Third Judicial district, and James M. Han- y, judge of the Twelfth Judicial dis- sents... trict, sitting in their stead. Arthur Le Sueur and James A, Man- ahan for motion. Francis J. Murphy, Contra, DECISION OF SUPREME COURT From Renville County. Dave Walker, Plaintiff and Respond: ent, vs. J. H. Paulson, Defendant and Appel- lant. Syllabus: In this case an appeal | was taken from the judgment, but no appeal from a subsequent order deny- ing a motion for a new trial. The record shows no error and the verdict and judgment might well have been |for a greater sum. Increased Jurisdiction of Affirmed. Opinion of the Court by Robinson, Grace, J., being disqualified, did not participate. Geo. I. Rodsater, for Appellant. Grace & Bryans, Mohall, Attorneys for Respondent. SUMMONS, State of North Dakota, County of Burleigh, ss. {In District Court, Sixth Judicial Dis- trict. Edla R. Person, Plaintiff, vs. Henry Willard, Alexander McKenzie, | Hettie Wilson, John H. Richards, Robert B. Richards, John H. Sayer, Mrs. B. Anderson, Phillip Milsted, Andrew Person, The Bismarck Con- struction Company, and all other persons unknown claiming any es- tate or interest in or lien or incum- brance upon the property described in the complaint, Defendants. The State of North Dakota to the Above Named ‘Defendants: You are hereby summoned to an- swer the complaint in this action, which” ¢omplaint will be filed with the clerk of said District Court where- in this action is comm and to bserve-% copy Of your*answer upon the subscriber within thirty (20 fi t tvice of; Mohall, Atorney | within the scope of their assumed of-| rule ap-| ; { Appeal from the County Court of| Renville| County; Hon. Persy S, Crewe, Judge. |s upon you exclusive of the day of ser- vice, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated this 20th day of December, A. D. 1916. THEODORE KOFFEL, Attorney’ For Plaintiff. Residence and Post Oflice addres Bismarck, North ‘Dakota. To the Above Namea Defendants: You and each of you will please take notice that the above entitled action relates to the following described land to-wit: Lots seven (7) and eight (8), loex forty (410), of the Northern second (2nd) addition to the City of Bismarck, North Dakota, and lot ten (10), in block eighteen (18), of Riverview addition to the City of Bismarck, Norih Dakota, and that this action is brought to quiet title in the plaintiff to the above described land and that no personal claim is made against any of the defendants herein. Dated this 20th day of December, A. 1) 1916. THEODORE KOFFEL, Attorney For Plaintiff, Lismarek, North Dakota. (2—2, 9, 16, 23; 3-2, 9) GOVERNOR APPROVES: BILL THAT GHUSED COMMOTION ‘House Bill 174 Concentrates Con- trol of Farm Institutes in Political Office Governor Frazier on Thursday sign- ed House Bill 174, which places the rm institutes in the hands nt commissioner of ag- abor and appropriates $6,000 for the use of-this official. Sen- ator Hyland made a stronge objection to this m z it. but his motion to reconsider was Jlaid on the table, ox motion of Sen- ator Gibber Hyland saw in the bill the building up of a great political ma- chine in the agriculture and labor de- control of from two appropriation ned Friday, House Bill 235, ing the Crittenden home $6,000 Honse Bill 55, appropritting d by Dr. Ladd in the and cereal produc! House Bill 346, now a lay tablished the location of all institu- tions whose site was fixed in the con- stitution and changes the name of the Mandan reform school to the North Dakota industrial training school. Senate Bill 177 gives the Missouri rN for its annual fairs at Mandan in 1917 and 1918; Senate Bill 166 appro- priates 100 for the maintenance of the nations) guard for the next two years, and Senate Bill 140 appropriates: 00 for the refurnishing of the sen- ate chamber. ‘The most. mportant bill signed by the governor Fri was Senate Bill 314, Senators Kirkeide’s and Drown’s grain grading measure, ~ MEMBERS OF LOAN ASSOCIATION ORGANIZE (Special to The Tribune) Jamestown, N. D., March 16—Mem- bers of the board of directors of the new Federal Farm Loan association, organized this week by farmers of Medina and vicinity, met yesterday and elected officers forthe year as follows: President, J. W. Pearson; vice president, J. Jablonski; secre- tary-treasurer, Schawder; board ofappraisera,-H. Christianson, WHEN IT PASSED SENATE}: FRAZIER 0. KS SUNDAY ‘BASEBALL AND ASKS BOYS TO PLAY FAIR WITH HUM \Governor Hopes Game Will Be Kept Clean—Predicts Refer- endum Otherwise Governor Frazier made himself ace high with the great:American kid yt tor Hamilton's famous “137,” le ing Sunday b ball “for fun,” the governor ex- pressed it, and in doing so.the chief voiced the hope that the “boys”. will vlay fair with him aud keep the game clean and aboye reproach, especially on Sunday. Senate bill 137 provides that it shall not’ be unlawful to play baseball on the afternoon of the Sabbath, providing no charge is made for admission, and that the diamond is not located within 500 yards of any house of worship. There is nothing in the bill which prevents the taking up of a free-will offering or the acceptance of contributions, for the good of the cause. The law does ex- pr ’ prohibit teams from playing for |a purse or for gate receipts, but it does not prevent the home team from paying the visiting team a stated sum to meet traveling expenses and etceteras. Now that the boys have their Sun- sebull,” id Governor Frazier hope they will keep it clean. dependent on them to do so, for |terday by signing 2 It i if they do not I am very certain from what I have learned that an effort will be made to repeal this act by referendum.” This is the last of several Sunday bills) which furore in the fifteenth assembly. AI of the bills except one legalizing Sun- shooting passed both houses, and all vow have been signed by the gov- ernor. ‘GOVERNOR EXERCISES VETO POWER AGAIN IN Measure Regulating Annexation of Territory to Special School Districts The governor, for the second time, today exercised his veto power in dis- appro’ special school districts. The bill was a league measure, nitroduced by Rep- resentative. Lazier, providing that tet- ritory more than three miles distant from the central school could be an- ;nexed only npon petition of two-thirds of the school voters residing in the ter- ritory at a greater distance than three miles. In his veto message the governor ad- vises that he disapproves the bill first because one provision permits the an- nexing of territory without the con- sent of persons affected, while another provision. would deprive one of the state’s normal schools, not named. but understood to be the Minot normal, of pupils for its training school, FOR MAGISTRATE J..O. VARNEY F didacy for Police equal | day, to. express the opin . : co ind tonne he created somewhat of a! 1 REJECTING H. B. 428 TAX LAWS OF ~ STATE CHANCED BY ASSEMBLY {Important Amendments and New Measures Affect Banks and Taxpayers Generally | ABATEMENT OF TAXES MADE LESS DIFFICULT \Machinery Provided and Commis- sion Given Power to Enforce | | | Regulations | Much of the more important legis- |lation enacted by the Fifteenth as- ‘sembly affects the tax commission land the taxation system in force in North Dakota, j Assessment Bank Stock. Senate Bill 49 provides for the as- | sessment of bank stock, amending the compiled laws of 1913 so as to bring trust companies under the operation jof the law. The bill repeals ;the provision allowing a deduc- Ltion of 5 per cent of the loans and | discounts and provides, that the a | 1 value of the stock shall be as- certained by adding together the cap- | ital stock, surplus and undivided prof- its, and deducting therefrom the net investment in real estate; provided, however, that such net investment in ‘real estate shall not exceed a sum fequal to 60 per cent of the capital i stock, surplus and undivided profits of the bank. The pill further provtdes that any solvent bank by making a written re- quest may have the assessment here- tofore levied against the individual shareholder levied against the , bank in its corporate name, and such taxes paid by the bank as other expenses of the bank are met. By this provi- sion banks will be permitted to have ‘a deduction of the amount of their taxes from their net income, wherea heretofore, when the tax was paid by ‘the individual shateholder, nb such deduction nccrued. The statement | heretofore furnished by,'the bank must now be made in duplicate, one 'copy to be delivered to the county auditor, and the other to the tax commission, Classification Property. Senate Bill 49 provides for the class- ification of property for assessment and fixes a percentage of the full and ; true value at which property shall be assessed. Lands, railroad property land bank stock’ constitutes Class 1, to be assessed at 30 per cent of its actual value;-livestock, machinery, au-. tomobiles, stocks of merchandise, flour mills, elevators, gas.and-electric light: plants constitute Class 2;tehe-valued and assessed at 20 per cent of its act- ual value; household goods, wearing apparel, . improvements. upon farm lands and money and credits not oth- erwise assessed constitute Class 3, and are to be assessed at 5 per cent of their full value. Abatement Taxes. Senate Bill 52 provides for the abatement of taxes. Under the pres- ent law of the state and decisions of the supreme court, there is no way of securing abatement of taxes after the assessment has passed the local board of review. This bill provides that application may be made to the board of county commissioners for an abatement, whereupon, if it is favor- ably acted upon, it is ultimately cer- tified to the North Dakota tax com- mission, when, if the commission ap- proves, the abatement can be made. This alw.will do away with many ac- tions continually brought by taxpay- ers where they have been unjustly as- sessed. The bill provides that the tax may be abated in full or in part tax may be abated in full or in part, as equity may justify it. Moneys and Credits. The assessment of mohey and cred- its at three mills on the dollar is pro- vided- for in Senate Bill 55, which classifies moneys and credits and fix- s a flat rate thereon. The same law in affect in Minnesota, where it is giving satisfaction. ‘Statistics show that a larger amount of revenue is se- cured from this class of property by a three-mill levy than where it is as- sessed under the general property tax, and i naddition, the revenue comes from a larger number of persons, and is more uniformly administered. Duties of Commission. Additional powers and duties for the tax commission are provided by Senate Bill 62. It is a combination of the present Nofth Dakota law with many sections interwoven from the Minnesota statutes. Some of the leading features give the tax commis- sion power to appoint special asses- sors in districts where, in the opinion s ! ing House Bill 428, which re-|of the tax commission, assessments Slope Agricultural: association $10,000 lates to the annexation of territory to | have not been properly made, and pro- vide for a reassessment of the dis- tricts in whole or in part. GOVERNOR SIGNS BILL PROVIDING SPECIFIC ROAD APPROPRIATION Chief Executive Inclined to Be- lieve Federal Engineers’ Fears Ungrounded Governor Frazier, in the act of sign- ing House Bill 228, which appropriates $28,000 specifically for the use of the state highway commission, paused to- tion with the federal post roads aid, are ungrounded, The chief executive, who is some- thing of a good roads enthusiast, thor- oughly endorsed the movement when he signed House Bill 228, as $28,000 is a rather husky appropriation to pass by when a governor is paring the state’s budget down to the very bone, even at the expense of more or less necessary and desirable additions to educational institutions. Governor Frazier believes that through the co-operation of counties located on such transcontinental high- ways as the Red Trail, the Wonderland Trail, the Meridian, the Black Hills and the Yellowstone trails, with the aid which will ‘be available from this $28,000 jackpot, and the ten percent of all revenues from automobile reg- istration fees, whose expenditure is placed entirely in’ the hands of the state highway commission, will be in position to meet the demands made by the United States governmtnt in connection with the co-operation which it tenders. The fund provided for by House Bill 248 will be available for use in counties through which a trunk-line highway is being built, but whose re- ceipts from automobile licenses and revenues from other sources are not sufficient to meet their share of the expenses. For instance, in the case of the Red Trail bridge at Medora, built by public subscription, had “228” been in effect, the state might have been called on for assistance. The same will hold true of the building of trunklines through counties such as Billings, where automobiles are com- paratively few, and revenues general- ly not overlarge. STATE HIGHWAY BILL DOES NOT LITE. SATISFY General Inspector of Office of Public Roads Out Slight Objections Points NATIONAL AND STATE: senal 4 ENGINEER VISITS: MOTT Booster Meeting, to. Discuss Co- Operation Between County and Township North Dakota’s state highway law, creating a highway commission and diverting to its use two-thirds of the revenues produced from the fee charg- ed ‘for the registration-of “motor vehi- cles, is not altogether satisfactory to ‘Uncle Sams “in’the-miritls a good Dill, “but its Weakness NESTA the fact that actually less than 10 per cent of theynet revenu ay ised in state highway’ wor in uu remainder, less expenses of the state highway commission, must be used in the con- struction of roads in the county whence the fund comes. : T. Warren Allen of Washington, D. C., general inspector of the United States office of public roads, and Dis- | trict Engineer E. 0. (Hathaway of St. Paul, who are here to_ investigate North Dakota’s road-building plans, with a view to determining how this state’s $76,000 slice of the Shackel- ford federal post roads aid shall be invested, have pointed out this flaw. The danger of the present law lies in the probability that the road funds will be split so many ways that no consistent, continued effort at trunk- line highway. building will be possible. If this condition should develop, the amount of federal aid which the state could command would. be problemat- ical, for it is understood that Uncle Sam insists on systematic roadbuild- ing, with some definite trunk-line con- nection in view, and that he will not consent to the diffusion of his road moneys, piece-meal, all over the state. The fact that only 3 per cent of the cost of the job is allowed for inspection would preclude the federal government’s undertaking to aid a vast number of small projects, as the j allowance for inspection would be al- together inadeqquate were the federal engineer required to travel the length and breadth of the state. Mott Road Meet. Today Federal Engineer Hathaway and State ‘Engineer Jay W. Bliss are in Mott, attending a good roads “booster” meeting, called with a view to stimulating closer co-operation be- tween the county and the various jtownships in highway construction. The meeting is held under the -aus- pices of the Hettinger county board of highway improvements, consisting oc. the supervisors from each town- ship. Allen to Washington. Inspector Allen, after looking up the enrolled bills which affect high- way work, and consultings with Gov- ernor Frazier and State Engineer Bliss, returns today to ‘Washington. Thomas on the Job. « P. W. Thomas, former assistant city and county engineer for Bismarck and Burleigh, recently appointed as- ant state engineer, now is on the ey GOES TO CROSBY. Miss Alma Nordstag, employed in the secretary of state’s office during the sion, leaves today for Crosby abstract. office. PUBLIC ANNOUNCEMENT, _The undersigned hereby announces his candidacy for the office of police magistrate of the city of Bismarck at the ensuing city election to be held in April, 1917. W. 8. CASSELMAN. —Ady. = J anckinds of furniture. repaired. Phone 59 for particulars. © sie to take a responsible position in an