The Bismarck Tribune Newspaper, March 19, 1917, Page 4

Sct it asics aSce eanY MONDAY, MARCH 10, 1017. THE TRIBUNE Matered at the Postoffice, Bismarck, N. | D,, as Second Class Matter. I88UED EVERY DAY EXCEPT SUNDAY SUBSCRIPTION RATES PAYABLE ADVANCE . Daily, by mail or carrier, per month ........ceceeeeees $ 60 by mail, one year in « 4.00 Daily, by mail outs! North Dakota, one year ..... Dally, by mail outside of North Dakota, three months. Daily, by mail in North Dakota three months ...........+++ ‘Weekly, by mail, per year .. Member Audit Bureau of Circulation 6.00 1.60|ter try vacant lot gardens. | — | NO GAIN WITHOUT LOSS. | amental reasons for the impotency ot| the Russian army. | Revolution at home in some na- ‘tions might mean a weakening of the} {battle line. The opposite is true in} |the case of Russia. The people seem | | determined to win the war, All gov-| !ernmental forces have been galvaniz-| j ed to greater effort; a nation has been} } vitalized. | Bet | ortage in Argentina. Crop The proposed cloture in the United} | States Senate is one of those things! THw STATE'S OLDEST NEWSPAPER | which are not all gold because they] (Established 1878) ‘glitter. In fact, heretofore, the Sen-| 3 |ate filibuster has been a delightsome! LOCAL WEATHER BULLETIN. For the 24 hours ending at noon,; March 19, 1917: | publi . 23!) staved off private graft claims. Temperature at 7 a. m. . Temperature at noon . Highest yesterday Lowest last night - Precipitation Highest wind 2 None velocity -NW Forecast: For North Dakota: Generally fair tonight and Tuesday; not much change in temperature; fresh west erly winds. Calgary Chicago . Kansas City 24 Pierre ... 30 St. Paul . nae. Moorehead - oO report Winnipeg «+ 10 St. Louis .. 30 San Francisco 44 Helena .- 28 Williston 20 ORRIS W. ROBERTS, Meteorologist. OOOSSTSESHHOOOO OOO & ‘A man’s opinions are gener- % “ ally of much more value than * * his arguments.—Holmes. ° POSTS OOSSHOHOO OF —_——e TWO IMPRESSIONS. The Ambassador Gerard party ar- riving in America from Germany sum: med up a list of impressions of Ger- many upon which they were all agreed. Eut they singled out two items from the list as of highest im- portance to the people of the United ‘States at this time. Here they are: (1) Official and civil Germany is passionately united. As little divi- sion exists ag at any time since the war started. Various proceedings, be- ginning with the chancellor's peace proposal and ending with the Allies’ answer, have made the country solid|, ‘behind ‘the kaiser. The.common sol- diers are sick of the war, but cannot help themselves. (2) Germany does not believe that -America is capable of hitting hard “plows, and, while desirous of avoid- ing war, she awaits Washington's ac- ‘tion with something very like con- tempt. uAnd there you are, Mr. American eitizen. In Germany no pacifists, no < pro-Amt cams, no. .pro-anything ex- - cept sofilyssunitedly German. Also; & snl Ametica.» And that con- > tempt is not.so much because we are : mot prepared; Germany realizes our vast resources. Pree ‘Polish up the auto for the first Spring Drive. ‘MOTHER OF PROGRESS. Someone has well said that war has Deen the mother of progress in Rus- sia. Overnight autocracy has been vanquished and the nucleus of pop- ular government established. This revolt should bind the Entente in closer union, for all of the Allies now have democratic forms of government. Those opposing the Allies have auto- cratic forms of government, so that the issues are more closely defined and the world watches with renewed interest the fighting efficiency of the two forms of government—the auto- cratic and the democratic. The emergency of war made it pos- sible for Russia to tritimph over the traditions of centuries and bring about a constitutional monarchy without shedding blood. Conscious now of its own racial unity, Russia-stands out as one’of the few inspiring spectacles of the war. {She has fought few successful wars as far as the world ‘may judge suc- * cess, but each war has been of an in- finite value in promoting and stimu- lating a spirit of nationalism without which no great wars can be won. The Napoleonic struggles sowed the first seeds of liberalism. In 1825 there followed the Decembrist upris- ing crushed by autocratic rule, but the spirit of revolt manifested itself in no uncertain manner. @ - Readers of history recall that the | disastrous Crimean war was followed } ‘by the generous rule of Alexander II * and the emancipation of the serfs. Reverses.in Japan in 1905 culminated in the constitutional revolt of 1905 andthe present war brought about the overthrow of an arrogant and Gic- tatorial bureaucracy. This is one of the first fruits of the war. Russian needed to conquer and find herself before she could win any 2 battles. Just how whole-hearted the Zieh revolution has been will be reflected on the battle front. & protest against the German party ~ in Russia, which would continue the | Denefits of special privilege by a sep- Doubtless Lord Kitchener was on ~ | stances. The upheaval is! ithing, in a very large number of in-| It has defeated the majori-) | ty’s aim to take the whole hog in the} matter of public “pork” and often has | Al process which blocks the ship subsidy | grab and such Villainous measures as | | the Shields bill is not totally destitute | | of virtue. Often the filibuster has been | the only possible means by which ani | hon fearless and patriotic minor-! {ity could block rascality. | \ 3ut, in principle, the filibuster is| i wrong. It spells defeat of popular representation, It is likeia drug that | may be beneficial on f when taken | lin proper doses and aggthe¥right time. | Our form of govern: ils when | ithe rule of the maj defeated. | It may be a good on occa- | sion, to have a band o! r i lin the Senate with ctrage enough! to defy the majority and the adminis- | tration, but compensation for the loss} of this possession lies in our own) hands, We must be more particular | about selecting ‘Senators. To elect | |a man to the Senate, demand courage | |and conscience of him and then have |to hang him in effigy looks _ silly | What we possibly lose“by*cloture we! \can make up for by selecting fewer] Senators likely ‘to deserve hanging. Nuremberg consumers are kicking |at the high cost of pigs’ entrails. And |they’re only 40 cents the pound. Boy- cott ‘em! | j SENATORIAL COURTESY. By invoking ‘senatorial courtesy,” ; “Gum Shoe Bill” Stoné hag defeated | the nation-wide demand’ that he be! deposed from the chairmanship of the senate committee on foreign re-! lations. . “Gum. Shoe Bill” will be found in the same vitally important position when congress convenes for the extra session April 16. This meang that the president and his cabinet either will have to deal with the senate in all matters con- | cerning foreign relations through an avowed enemy of the administration’s policy or not deal with it at all. They probably will adopt the lat- ter policy, as it would be unsafe to do, otherwise. r . H6w caf the’senate expect ‘that the pregident or his advisers can have any confidential relations with “Gum Shéé' Bill”? The “gum shoe” person has already “leaked” one important navy secret, and there can be no assurance that ! he will not “leak” another at the first opportunity. i The mental processes of the sena- tors who put “senatorial courtesy” | ahead of national welfare at this crit- ical time are beyond the understand- ing of us common folk. Just consider for a moment: Here ig a man who by the merest accident of seniority lands in the most im- portant position in the senate. He uses that position to embarrass the} president in the midst of a grave na- tional crisis. Then he gives away an important navy secret which he has obtained because of his position. He} does everything in his power to make | it appear to Germany, which is threat- ening us with war, and to all the rest of the world, that the United States is divided in its allegiance to) the president. He leads a successful} filibuster which prevents a nine tenths majority of his fellow-senators from voting to sustain the president in hig determination to defend Amer- ican lives and ships on the free oceans. And immediately following the final act in this unAmerican rec- ord, before the wave of righteous| popular protest has reached its crest, | his fellow-senators reappoint him to | the position he has befouled, for no! better, reason than “senatorial cour- | tesy.” | Is it surprising that the confidence which the people used to have in the senate has been reduced almost to) the vanishing point? Pacifists remind us of the old Mis- sourian who wouldn’t mend his leaky | roof in fair weather, because it didn’t | need mending then, or in wet weath- er, because it was too late. ‘Ben Franklin fought adoption of the eagle as the American national bird He favored the turkey and about a |dozen United States ‘senators have recently declared for the buzzard. At that New York banquet of chem- ists, manufacturers and government experts everybody seemed agreed that we've broken Germany's hold on ‘she hasn't changed it in ten 3 | change the date of inauguration? DOINGS OF THE DUFF. BABY CHOSES HIS MONICKER | THERE HAS BEEN SO MANY NAMES | SUGGESTED FOR BABY THAT WE HAVE DECIDED To LET HIM SELECT ONE HIMSELF — THE FIRSY SLIP THAT HE DRAWS WILL BE THE LUCKY ONE LeT ME HAVE HIM TOM ISN'T He TE CUTEST LITTLE) ce DARLING AW, WASN'T: THAT oo sweet! DID YoU SEE Him REACH FOR ITP. He JUST SEEMED To KNow WHAT. HE WAS DOING THATS WHAT 1 CALL ‘AW,CUT OUT THE MUSH | OH, NES = STUFF AND TELL US cau gia MEANING, V/A DEVINE Weatherman Even Obeys Dutt? s Baby Youngster Not to Catch His “Death of Cold’’ When Christened Today The little Duff youngster isn’t go- ing to catch “his death of vold” when he’s christened today. Hardly! Even the weath- erman loves him and has taken the “kick” out of the weather and has dispensed a real mild day for the event. The champion of the Duff and The Tribune household, who slid into popular favor by the comic picture route, awoke this morning to find Old Sol peeping in his window, and the promise of a beautiful day. “Let’s have it for once,” murmured the kid and the weatherman obeyed. The temperature at 7 o'clock was 23 above and at noon 35. The highest yesterday was 27 and the lowest last night 12, Generally fair tonight and Tuesday with not much change in temperature. Just Fun Patience—“Isn’t it remarkable how she keeps her age?” Patrice—“Yes; —Yonkers Statesman. see “Say, Casey, did you ever make an idiot of yourself over women?” “An idjut, is ut? ‘Sure I've made mesilf an intoire asylum.”—Boston Trans- cript. ae 8 “Why won't you marry me?” “Be- cause I don't love you.” “Why need that matter? We'd simply have a five- year start on half the people in our set.”"—Louisville Courier-Journal. 8 * Slickton—“They tell me your daugh- ter sings with great express Flickton—“Greatest you ever saw! why, her own mother can’t recognize her face when she’s singing!”—Puck. see “The doctor says he will let me know in a w whether I am going to live or not.” “And what does he expect you to do in the meantime?” “He told me to take a complete rest and above all not to worry about eny- thing.” —Life. es reason they don’t on ay “What's the don’t know,” replied Senator Sorg- hum. “I’ve advocated a change for a long time, but my constituents never get up much enthusiasm. over a prop- osition that carries no home-town ap- propriations.’—Washington Star. se 8 “Tf you had any ambition you would not be tramping about the country begging your food.” said the hard- faced housewife. “You do me an in- justice, mum,” relied the tattered call- er. “It wuz ambition dat proved me ruin.” “Indeed?” “Yes, mum. I made up me mind dat 1 wouldn't ac- cept a job dat paid me less’n $20,000 a year.”—Birmingham Age-Herald. es 8 THAT'S THE POINT. Lawyer—On the night in question, dye-stuffs forever and will soon press omg for leadership in export of Mr. Witness, did you not have several drinks of whiskey? Witness—That's my business. yer—I know it's your business, but were you attending to it? 8 8 WHY SHE FAILED. The young bride looked dejected as she set the mince pie before her hus- band. “TI intended to have some sponge cake, too, dear but it has been a total failure.” ‘ “How was that?” hubby asked in a disappointed ‘tone, tor he was fond of sponge cake. “The druggist,” she explained, “sent me the wrong kind of sponges.” —Stray Stories. * * ENOUGH SAID, “Why do you consider women su- perior to men in intelligence?” “A balg-headed man buys his re- storer by the bottle, doesn’t he?” “Er—yes.” “Well, a woman doesn’t waste time on a hair-restorer; she buys hair.”"— Tit-Bits. i *}* @ JUS’ PALRTY, ,.“I was ashamgd of my, husband once*in London,%-said. Mrs. John ‘W. Gates. “Among ‘our tourist stunts was a visit to Madam Tussaud’s wax- works. One of our friends asked us: how we liked it, and my.husband re- plied: ‘Well, it impressed me as very much like any other English party.’” -—-Woman’s Home Companion. ee * MUFLED HER WRATH. Claire—So you have forgiven your husband. Did he offer you an ample apology? , Kathryn—He apologized a whole set of furs more. than I expected.— Judge. soe WHY MYRTLE! Alice, I saw you out driving with Jack in his new car yesterday. The funny thing was that Jack seemed to have only one arm. Myrtle—Oh, it was around some- where, I guess.—Chicago Herald. a * NEVER AGAIN. Young lady (to army -surgeon)—I suppose you will marry after the war, doctor? Doctor—No, my dear young lady. After the war I want peace.+-Squib. eo oe BOBBY’S NO SISSY. “When I was at Aunt Mary's they wanted to put a girl’s nightdress on e.” “Well, did you wear it, sonny?’ ’ : “No; I said I’d go to bed raw first.” —Life. © oe TRIALS OF MOTHER. “Mary, I shall take one of the child- ren to church with me this morn- ing,” announced Mrs. Fashionet. “Yes'm” replied the maid. “Which one do you think will go best with my new lavender gown?” oO | CITY NEWS Is ILL. D. M. Schwartz of. Finney's drug store is off duty om account of ill- ness. se 8 1OWA ‘MAN HERE. J. A. Hyer of Jowa, a property own- er in the county, is-spending a few days here on business. He has sold to J. A. Raswick,a quarter section of land in the Napoleon. section. : 8 ENTERS LOCAL HOSPITAL. ‘Mrs. C. Liggett of Wibaux, Mont.. has entered the Bismarck hospital for, treatment. Mrs. Henry Bloom and (Mrs. Theodore Feland of Pollock, S. D., have also entered the same insti- tution. sleek GOES TO M'CLUSKY. Judge W. L. Nuessle and Court Ste- nographer C. C. Wattam have gone, to McClusky, Sheridan county, where the former will conduct court. They. returned last week from Napoleon, where Judge Nuessle conducted court for two webks. 3 Townley Is Name Hinted | for Duff Baby Bolke Sisters of Hebron, Would Name Him Master George Woodrow “George Woodrow” has been: sug- ted.as the name for the charming ittle Duff baby by the Misses "Edna and Alice Bolke of Hebron. “We suggest that the child be nam- yea George Woodrow, after ,George Washington and Woodrow Wilson,” writes the young ladies to the Trib- une. . x One reader from Beach makes the suggestion that the youngster be nam- ed, “Townley.” A Dickinson subscriber to The Tribune says, “name him Wot ‘Duft” and sends the following acrostic: “With such a dad and such a name, Oh, won't he climb the road to fame, To fame and fortune, that’s the game. HICHIGAN ITY CHAMPIONS. OF NORTH DAKOTA Grand Forks, D., ‘March 17.—In what is claimed to be the most sen- sational game of basketball ever play- ed on the University 6f North Dakota court, the Michigan City high school team won the state title Saturday night with an 18 to 16 victory over the Valley City high school five. Fowler Wins Game. With four minutes left to play the score was'16 all. ‘Less than two min- utes before the final whistle, Fowler tossed the winning goal. The game ended with the ball under Michigan’s basket. Churchill for Michigan City was again the sensation of the evening, although guarded by Stenshoel, who is claimed to be the best scholastic de- fense man in the state. Cook and Nel- son featured for the southeasterners. Michigan City took the lead in the first five minutes of play and never lost it. The first half ended with the score 10 to 8. All State Quint Picked. An all-state team picked from the four aggregations playing in the fin- als is as follows: Churchill, Michigan City, right for- ward; Nelson, Valley City, left for- ward; Sinclair, Kenmare, center; Stenshoel, Valley City, right guard; Lewis, Michigan City, left guard. The summary of the game follows: Valley City (16) . Bowen Michigan City (18) Churchill Fowler .. Kallestad . ‘Swanston . ‘Lewis .... LG .. Stenshoel Field goals—Churchill, 3; Fowler, Kallestad, 2; Swanston, Bowen, Nel- son, 4; Cook, 3. Foul goals—Swanston, 4 out of 10; Nelson, none out of four. Fouls committed—Personals: Kal- lestad, 2; Churchill, ‘Lewis, Bowen, Nelson, 2; Stenshoel. Technicals: Bowen, Nelson, Stenshoel, 3; Anfin- son. Referee—Tierney of Fargo. ‘Umpire—Murphy of Minot. Timekeeper—Gill. Scorers—Thompson and Malone. You'lt apolis.” enjoy the Radisson, Minne- , this court may reconsider and decide the case on its merits. urday Evening Letter By Justice J. E. Robinson ‘Sat During the past two weeks we have heard arguments in only two or three cases. Some judges have been on the’ sick list, some absent, two, three or five days. The judges have not yet adopted my A. B. C, rules, or any good working system. Some cases that were argued early in January have not yet been decided, and I know of no good reason why competent judges should not decide every case within a week after it is argued. Next week we have twelve cases set for argument, and in my hours of idleness I have been looking over the records to know how each case should be decided. It is one thing to hear the arguments in a case and another thing to get down to business and de- cide it. In law. as in any other busi- ness when a person defies precedent and pushes the work it becomes a pleasure; when he lets the work push him, it becomes a drag. In the famous Youmans case I commend you to.read my opinion and to note well that the appeal was filed September 21st, 1916. And ac- cording to the rules and practice of the court this appeal could not have @ been put on the court calendar for trial before January, 1917. The par- ties had until January to prepare and file the briefs, and manifestly they needed all that time, as the record covers 930 pages and cost $600. Then, ofter the filing of briefs, they were entitled to fair notice of time to ap- pear and argue the case, but without any briefs, or any oral argument, and in the absence of counsel, the ease was rushed over a hundred appeals and decided on December 28th, the last day of the hold-over judges. In all my practice of over two score years, it is the first time I ever knew or heard of such a rush procedure. ™ Robinson, J. (Dissenting.): In the . Grant Youmans case a motion to re- oe LE consider and grant a new trial is de- JUSTICE ROBINSON, nied, and I do most strenuously dis- : - sent.. The decision is a lengthy write- up by two judges of an inferior court and is contrary to the deliberate judgment of a majority of our justices. Hence, it is not the judgment of this court, but while it stands it will stand as a reproach to this court. Hence, it will ‘still be the duty of this court, on its own motion, or on any proper motion, to reconsider the case and to order a new trial. The case is a travesty on the administration of justice. It is a regu- lar Captain [ fus case. The record covers over 900 pages and there is error on every page. The defendants have, as it were, moved Heaven and earth to prevent a fair trial or any trail, and that alone shows they have reason to fear the result of a fair trial. TRAVESTY ON ADMINISTRATION OF JUSTICE. At Minot the plaintiff was a banker. He and his wife practically owned and controlled a bank of large resources, though of questionable solvency, a bank of which it seems the looters made big money. The bank examiner, with others of ‘the defendants, came upon the plaintiff and forcefully closed the bank, taking all its property and the property of the plaintiff and his wife, and a bonus of $5,000. Youmans testifies: “The bank examiner came to me with a bunch of papers in his hand. He placed me in a chair and told me to sit down there. He took hold of the chair and said ‘sit down there? Q. “Did you?” A. “Yes, sir.” The bank examiner objected to certain mortgages amounting to $20,000, and gave Youmans a day to replace the loans with cash. This Youmans pre- pared to do. Then the examiner put up the figure to $48,000. Youmans said: “My God! You don’t mean that.” The answer was: “That is the amount you will have to put up to save the bank.” “Then I sat down into a chair and became partly unconscious. It put me to sleep practically.” The whole procedure was of that same bull-dozing character. The exam- iner and his bunch forced Youmans to turn over to them the bank and all its books and his stock in the bank, witlt'‘a’ bonus of''$5,000. This was done by duress and threats and by taking an unfair’ advantage of another's necessities and distress, contrary to the plain’ words ‘of the statute. This bull-dozing procedure had no authority in law." It‘matters not whether Youmans was a good man or a bad man, or whether ‘his bank was solvent or insolvent; there was no law to warrant the: pro- cedure.’ In taking charge of the bank the examiner was acting: under a statutory power and he -was bound to keep strictly within the limits of his power and to usé‘it humanely and not oppressively. This he'did ‘not do. » > RECORD IS MASS OF ERRORS. The record is a mass of error. It shows that from the beginning to the end of the case the rulings of the trial court were in’the main decidedly against the plaintiff. Five hundred times the court ruled errone- ously to strike out testimony of the plaintiff as not responsive or:as a voluntary statement, just as though the witness were not swornto tell the wholé truth and not merely to answer such questions as counsel might put to him. : Youmans testifies: “The whole bunch, the examiner and others, refused to let me have the assets of the bank or a ‘list of them. They absolutely refused to let me have access to the stuff. They had gobbled it and they never let me put my hands: or my eyes on it after that.” (Purcell): “I move to strike out the answer as not responsive and as a voluntary statement and absolutely false.” “The word false is withdrawn and the answer stricken out.” And so the trial continued for ten days, with error upon error, making a record of over 900 pages. The trial should have been concluded in two days, with a record of not more than 200 pages. The testimony should have been limited to the condi- tion of the bank when it was taken over; the property taken by the de- fendants; the manner of taking it and disposing of it; and the value of the property and the stock and the assets. And on these points evidence was persistently offered and as persistently objected to and excluded. au for such persistence the plaintiff was repeatedly threatened with con- empt. There was nothing to warrant the closing and the wrecking of the bank in the way it was done. Hence, all who took an active part in the wrecking were tort feasors. This includes only those who were present, aiding or abetting or profiting by the wrecking. There was no sense or reason for making any other person a party. to the action. The plaintiff sued for $50,000 damages. The case was tried before Judge Kneeshaw, who directed a verdict for the defendants. On the trial the plaintiff was represented by an attorney who knew more of socialism than of law and practice. He was completely outgeneraled by four shrewd old-time lawyers who opposed him. We call them the Big Four. In the story of Don Quixote we read how his squire, Sancho Panza, was tossed up in a blanket by some humorous rascals. And so it was on the trial of this case. The Big Four restrained their laughter while they dealt with our Socialist friend.as if he were a second Sancho Panza. Of course, in a way, it was all vegy humorous, but it was trifling with the due administration of justice, and for that the big counsel do well deserve a severe rebuke. To every question there was an objection by one, two, three or more of the big counsel, and the ruling was nearly always against: the plaintiff. To the simple question: “ How long have you been in the banking business?” there was an objection covering a page and a half. To cap the climax, the court directed a verdict in favor of the defend- ants. An appeal to this court was filed on September 21st, 1916, and in some way it was rushed and advanced over a hundred pending appeals, and contrary to the rules of the court and the uniform practice. I never heard of anything“like it. And without waiting for the filing of briefs, or the hearing of oral arguments, on December 28th, 1916, a final decision was given against Youmans. To say the least, it was given by a court of very questionable jurisdiction. Three of the judges were holding over after their term of office had expired and after their successors had been duly elected and qualified and demanded the office. The holding over judges improvised a court of four district judges to sanction their hold- ing, and this they attempted to do contrary to mandate of the supreme court, signed by the three newly elected and qualified supreme court judges. That was on Decembef 5th and long prior to the decision of the hold-over judges. Now, under the constitution, every supreme court judge has been elected to hold office for a term of years, commencing on the first Mon- day of December after his election. To the several judges there have been issued, pursuant to law, in all, 20 certifitates of election, signed by the governor the secretary of state and a member of the board of can- vassers, and given under the great seal of the state. Such certificate shows that the person therein named was elected to the office for a stated term of years, commencing on the first Monday of December after his election. Of course, we cannot think that the 20 great seals and 60 official signatures were given to a falsehood, or that every judge was so simple as to accept his certificate with a false statement. HOLD-OVER JUDGES, De FACTO JUDGES, I concede that ‘on December 28th, 1916, the hold-over judges were de facto judges, in just the same sense as they would be were they hold- ing over until the present time. Early in January, 1917, a motion was made to this court to recgn- sider the case and to grant a new trial. As judges Frace and Birdzell decision or write-up comes in its usual courge after a lapse of two their place. When the motion was argued the big counsel for the defend- ant talked of de facto courts and judges and declined to say a word on the merits of the case. One of the district judges followed in the same line and wrote an opinion of some 15 pages on de facto courts. The dlecision or write-up comes in its usual course after a lapse of two months, which is very different from the way in which the case was rushed and decided without any brief or argument in December. I am entirely Puen’ the ruling is radically wrong and it is contrary to the avowed and deliberate judgment of three of the ‘supreme court judges. On another motion, it is more than possible that the judges of Bt > is their bounden duty to do it on their own motion. It is a debt Of justice and sooner-or later.it-must be.paid. .... ——