The Bismarck Tribune Newspaper, March 26, 1917, Page 4

THE TRIBUNE Matered at the Pestoffice, Bismarck, N. D.. as Second Clase Matter ISSUED EVERY DAY EXCEPT SUNDAY GUBSCRIPTION RATES PAYABLE IN n ADVANCE Daily, by mail or carrier, Per month .........ceeeeeene 8 060 Daily, by mail, one year in North Dakota ...... 4.00 6.00 Daily, by mail outside of North Dakota, one year ....+ Dally, by mail outside of North Dakota, three months. 1.50 Daily, by mail in North Dakota three months ........ eee 1,25 ‘Weekly, by mail, per year ..... 1.50 ‘Member Audit Bureau of Circulation Hw STATE'S OLDEST NEWSPAPER (Hatablished 1878) bad LOCAL WEATHER BULLETIN. For the 24 hours ending at noon, March 26, 1917. Temperature at 7 a. m. . ‘Temperature at noon Highest yesterday . Lowest last night . Precipitation Highest wind velocity . For . For North Dakota: Fair tonight; colder east and central portions; . 26-NW Ls eae NOOR EE la ng acsensenianintiesenssaianaensbansias MONDAY, .MABCH 26,:1917. of von Hindenberg from the east and the conference of the Central repre- sentatives, and may mean strategy intended to mislead the Allies into making an opening for the promised great German drive. Certain it is that the reports of men and muni- tions captured by the allied forces would strongly indicate that the re- tirement is wholly in conformity with definite plans. Again, it may mean that Germany is running short of war resources, par- ticularly powder and shot. For near- ly three years, Germany has had to largely stake Austria and Turkey. Three years of daily battle is a long time and a shortening of her western front would be conservation of men and material. Whatever the reason, the original dream of Germany's autocrats Is a frazzle, Taking a final stand and prov- ing that she can hold it indefinitely would mean better peace terms than the annihilation with which her foes have threatened her. DOINGS OF WAITING FOR A CAR, Tom? - OH, BY THE WAN , HOW IS YouR. BaBy 7- Nev? Plowshares are more important than swords in moder No, Clementine, a bark is not a BISMAROK DAILY TRIBUNE: OH, HE'S FING, BUT HE DOESN’ TALK NET — DOES HE TALK]! Does Your. BABY “TALK 2 THE DUFF'S. Your BABY IS AvouT NOW ‘Tom ; By Allman NO BABY IS SMARTER THAN DANNY DUFF OWNES, MY BABY TALKS LIKE EVERNTHING- NoPE, HE HASN’T BEGUN To WALK NET, EITHER WALKING | SUPPOSE, ~ Saturday Evening Letter . By Justice J. E. Robinson Paul is first and foremost among the Bible writers, and the best that he has written is on charity. He writes: Though I have the gift of prophecy and understand all myster- ies and all knowledge; and though [ have all faith so that I could remove the mountains, and have not charity, I am nothing. Charity suffereth long and is kind, charity envieth not, char- ity vaunteth not itself, is not puffed up; doth not behave itself unseem- ingly, seeketh not her own, is not easily provoked, thinketh not of evil, rejoiceth not in iniquity, but rejoiceth in the truth. Charity never faileth. ‘And now abideth faith, hope and char. ity. These three; but the greatest of these is charity. In a blindpig case from Minot I now give you my dissenting opinion. Some good people have not charity for a poor blindpig, and some band- wagon judges do give him no show, but I think it right to give the devil his due and to treat the poor pig with fairness and charity. A Man’s a Man For A’ That. The accused pigger has been con- victed and sentenced to imprisonment for two years under the charge of @ second common nuisance, the selling of a few forbidden drinks, contrary to the prohibition law. There is a charge that he committed a second offense, Saint but there is not even an attempt to charge a first offense and I have tried NOT NET! THAT's STRANGE, HE'S ABOUT THE SAME AGE AS MINE, BY THE WAY~ DOES Your. BABY use A SAFETY Tuseday fair and somewhat warmer. ship that bears the dogs of war. Temperature en ae SANs a A he to make it plain to the mind of a Calgary ees. RON MOE 00) ss craft Unelo sum AND MINE Is TODDLING Apour RAZOR OR ONE OF sehool boy that in such a case there Chicago . . 30 has available $12,000,000. The old Alt DAY LONG , : THE ORDINARY Kind? must be a specific statement showing Kansas City . . 38 high-flyer! e cis ° Bi the commission of a first offense, as : Pierre .. - 26, JUSTICE ROBINSON. well as a second offense. K St. Paul + No report Last month on the high seas it Under the law and the constitution, no person can ‘be legally prose- Moorhead 28 vag “hand ” but this it i cuted for a crime unless on a complaint, information or indictment, stating Winnipeg . + 24 was “hands up,” but this month it is in a legal manner the facts which constitute and show the offense. An ‘ St. Louis . . of “thumbs dow! | information for a second offense must show on its face the commission of % San Francisco . oa 5 = two offenses. I am entirely certain that in this case on the information Helena . 7 a6 Shoes are being made of kangaroos and on the record the conviction is void; it is drastic and it is cruel. There Williston - ay 18 vhich have very thick skin: NX es is no record, no evidence, no complaint showing the commission of a first ORRIS W. ROBERTS, te e A y 2 e 2 ee E otfense. True, it is said that eight years prior to the time of filing the Meteorologist. | "8° for-ceortall “United “Stat all information, the accused was convicted of keeping a common nuisance, but PSHM PS HS TEST OSSD Our culture, therefore, must % not omit arming of the man. ¢ ‘Let him hear in season, that & he is born unto the state of war, and that the common- wealth and his own well-being +) require that he should not go dancing in the weeds of peaco; & but warned, self-collected, and % neither defying the thunder, % ° ° let him take both reputation and life in his hand, and with perfect urbanity dare the gib- & ‘bet and the mob by the abso- lute truth of his speech and” % the rectitude of his behavior. + —Emerson. ° Ce ee CD BOB'S TEARS. Rev. Bob Fitzsimmons, ex-prize- fighter, on his first appearance as an evangelist, at San Jos, Cal., wept like a child. “Much tears are a new stunt in evan- gclization, and we rather expect Bob to reap a Jarge harvest of several va- rieties of grain. Bob could hardly hope to compete with Rev. Billy Sun- day in yowling and near-cussing, be- cause he hasn’t the lungs of a base- ‘ballist and he'd be sure to o'erleap the bounds of Billy's refined blasphe- my and deliver downright swearing « in moments when carried away by his tors, Last year Uncle Sam imported} 1,072,494 pounds of kangaroo — skin. You can see a lot of it on the girls, | if their skirts are short enough—and | they are. j Just to demonstrate thorough “un- restrictedness,” the Germans have submarined two of a flock of five re- |lief ships that sailed together in the “safe passage’ zone. ——— | to break with Germany, President | Wilson bagged only China. And now China is figuring on joining the Allies in actual warfare. Thpse heathen like to hunt up trouble just as if they were civilized. o = EDITORS ¢ | WITH THE EDITORS A o— — A LAW WHICH SHOULD BE IN FORCE EVERYWHERE ‘The ‘nameless children of North Dakota now are receiving more just treatment than similar unfortunates in any other state, Their fathers must support and pro- tect them! And in the event of the father's death the children are legally enti- tled to a part of the estate, sharing equally with any legitimate offspring. Governor Ix J. Frazier has just signed the bill passed by the Non- partisan legislature which makes all TO BE PUSHED UNDER AQERAL STATE FUN Secratary of Highway Commis- sion Submits Tentative Plans to Commercial Clubs Maps showing tentative. plans of state highway development prepared in the offices of the state engineer are being mailed to commercial organ tions throughout the state. Several thousand miles of proposed trunk- line highways are shown on the map. All of the important. trails are in- cluded, as well as a number of con- necting links which remain to, be con- structed. The state engin $s commercial organizations for ticism and sug- gestions. The information thus ob- fice every day, but none quite so re-! markable as were the results obtain- ed by the F. £. Young Real Estate company, through their space on the Tribune's Classified page. This company made the following sales this week through the medium of this advertising. Henry W. Jonas of Fredonia, N. D., bought the prop erty of Mrs. Giedt, corner of Avenue © and Ninth street; C, W. Moses of the state bord of control bought the Weisenborn and Beattie house in Riv- ervicw and Albert Falk bought a quar- ter section ‘in Hay Creek, adjoining his place.» Several other sales are pending, which iwere started through classified advertisements placed by the F. FE. Young, Real Esate company in the Tribune this week. The cost is not much, suppose you try a classified, advertisment tomor- ro These results can be obtained by anyone using these valuable col- umns. BUILDING AND LOAN ASSOCIATION LOOKS MARTINESON ARRESTS MAIL POUGH THIEF Charles Norton Accused of. Rif. ling Letter Bag at Soo De- pot New Year Night | Charles 'Norton, years, was ar- rested by Night Captain Chris Mar- tineson last week on the charge: of cutting open a letter pouch at the Soo passnger - station’ New Year's night. He taken to Fargo by Chief Deputy United\States* Marshal Join Gammons, who" arrived in the city Saturday night. A description of the knife taken from Norton during a previous arrest that is no charge of an offense, and if it were, it shows that the offense was doubly outlawed. And if they had to go back eight years to find the selling ot a few forbidden drinks, it must be that the accused was nota very bad pigger. It may be that he did not commit thé unpardonable sin, but they say to this Court that he is a nigger. Now in casé'of a nigger and a pigger, our young judges have not yet learned the art ‘of pleading, so when they err we must say it is hecause they do not know any better. It is an error of the head and not of the heart. It will be different when they are older. STATE V, WEBB. ROLINSON, J. (Dissenting): This case arises under the common nuis- ance section of the prohibition statute. The appeal is from a judgment that the defendant be imprisoned for two years in the state's prison. The ma- jority opinion sustains the judgment, which I consider manifestly wrong. In writing this dissenting opinion I do solemnly thank God that my love for right and justice is tar above any regard for my office. I am in no way dependent on the office and I have little regard for it, only so far as it presents'an opportunity to sustain the right and to denounce the wrong. This I say, because in writing this opinion 1 am sure to give offense to a large class of zealous and well organized people who make and unmake judges. ((Who enters here leaves hope behind.) In the summer of 1912, when I was a candidate for the office of supreme court judge, the commander or president of these good people pre- sented for my signature a written pledge in regard to my decisions under the prohibition statute in case of my election. Of course 1 did not sign it; and, of course, I was not elected. That and some drastic decisions by this Court suggests the thought that some judges may have secured and held onto office by signing such a pledge. The majority decision cites some early decisions which stand as a reflection on this Court. In the Markuson . case from Valley City, it was held competent for a District Judge on a com: mon nuisance chargé to convict a man in a simmary manner, without a trail by jury, and to sentence him to a term in the state’s prison. It is hard for a lawyer to, see how such a decision was made, only’as the result “fa, pull which acted, ike ‘the force of gravity, It is true, the nuisance was named a contempt and by that name it ‘was held “competent 'td' evade the ‘consitytion, which guarantees to every person accused of crime the right of trial by jury. Tence,’as we pray the (Lord to lead us not into temptation, so may we pray, that our judges be not led into temptation by any pledge or any influence’or by the thought of re-election, Indeed, it were well if the constitution or custom were sé as to remove all such temptations. I am free to allow that ‘our present judges are all like Caesar's wife, above sus- picion, and that ‘they innocently signed the decision without a thought of its political effect. However, it would have looked better if the appeal had been decided when it was argued, early in January, and when we all ap- peared to agree that the conviction was erroneous. Certain it is there was no judge to say a word to the contrary and there was no good reason for not deciding the case when it was fresh in the minds of all the judges. theme, Billy has really pre-empted | Children born out of wedlock legal off-| tained will be embodied in more com- in Bismarck and which was found The defendant was convicted of a second common nuisance under the the field of ing ‘em into heaven|SPTing of their parents, entitled to| plete maps, which will be submitted near the rifled pouch made identifl-| prohibition statute. His sentence is two years in the state's prison. Tho support, protection and inheritance. joners in cation clear. Norton had been in the! conviction is’ void because it is based on a complaint or information which and Bob's plan of flooding ’em in ought to work. When folks can enjoy a perfectly happy time at a movie show, teeming with family horrors and other human; bitterness and misfortune, any poli that brings the tears must be accred- ited with some pull. Rev. Bob Fitz- simmons must be able-bodied in tears, and he frankly admits that his missus inspires him. ‘San Jose seems dispos- ed to float up the main aisle to the sinners’ bench, anyway. Alma mothers to shoot their sons rather Songstress Gluck advises (Minnesota civilization is of a differ- ent brand. Here we compe! the father to pay anywhere from $50 to $350, brand the child,. refuse it inheritance rights in its father’s estate, and do ,|many other things which make the unfortunate mother’s road a thorny one to travel.—Daily News. o- ener” | READERS’ COLUMN | a) A FRIEND TO THE INDIAN. Max, N. D.,March 20, 1917. Bismarck Tribune, Bismarck, 'N. D. ‘Last Saturady an Indian, of name Joe Stuart, with his wife and small son, arrived in Bismarck, N. D., from to the boards of comm each county for their approval. From advice given by these boards will be worked out a definite program of trunkline highway construction which will be laid before the state highway commission when it zes. The state engineer hope: e consider- able state and federal road-building in the state druing the coming sum- mer, and a campaign will be launched next year, when three-qu ters of a million will be made av able from state and federal appropria- tions. NORWAL SCHOOL HEADS TO PROSPEROUS YEAR {Many Inquiries for Loans Being Received—Officers and Di- rectors Named With more than $125,000 in actual assets, and with a record of having been instrumental in the building of 250 Bismarck homes, the Bismarck Building and Loan association was in an unusually optimistic frame when it assembled for its annual election of officers, The directors named Rob- ert Orr president, E. ‘Hughes vice city but a few hours when placed un- der arrest, arriving from Grand Forks. ‘He has served time at Deer Lodge, Mont., for robbery, has been arrested here on three previous occasions and also has a record at Jamestown with which the police there are familiarly acquainted. Fresh Air It’s Free Use Is Greatest Health Builder. Half of the air is night air. The is fatally defective. A valid complaint for a second offense must state facts showing the commission of a first offense, because without a first offense, there cannot be a second offense,, and it must show that each offense was ‘committed within three years, because after the lapse of three years the law does not permit a prosecution based on any offense, except murder. It is contrary to the policy of the law and the welfare of society to permit the raking up of old sores and stale ‘matters outlawed by statute. So far as it concerns the first offense the information is in these words: “That on or about the 8th day of February, 1908, the said de- fendant was arraigned in the District Court of Williams County, North Dakota, charged with the crime of keeping and maintaining a common nuisance in the County of Williams, in the State of North Dakota; that the said action was brought on for trial and a verdict of guilty returned by the jury on or about the 28th day of February, 1908, and the said defendant was sentenced by the court on or about the 28th day of February, 1908, and rendered himself in execution ol said sentence and that the said sentence has not been modified, vacated or set aside.” ‘ : The trial was in Ward County and the alleged conviction for a first than send them to war. But who i person who does not make free use|. Offense was in Williams County, eight years prior to the trial in Ward Hardan, Mont. The writer, a trav- {| CONFER AT FARGO president, I". 1. Conklin secretary, ‘of would then marry Alma’s daughters?|¢1, 3 o : i A o County, and we have no record of the alleged first conviction. There is no eling salesman with headquarters in and J. L. Bell treasurer. The direct- of it is laying ihe charge or attempt to charge that the defendant did commit a first offense THE WELL-HEELED ROMANOFF. It is estimated that ex-Czar Nicho- Those movements on the Flanders Bismarck, was asked by Stuart what time the North Soo would leave for Sanish. Of course, the Soo not run- ning trains on Sunday, it was up to WITH OR. GRAIGHEAD ors named are: J, A. Larson, C. B. Little, A. W. Lucas, E. A. Hughes, 1A. M. Brandt, iF. L. Conklin, Robert Orr, R. D. Hoskins and J. L. Bell. Zoundations sickness and per haps early death. ‘Some people can- and tuberculosis are likely to find of any description, Thé charge is merely that in 1908 he was convicted of the crime of maintaining a common nuisance. It does not show that the muisance or conviction had any relation to the prohibition law. For aught that appears from the information the first common nuisance may have las’ personal fortune approximates Stuart i it. ph and family to remain in Bis- A ‘ perry Many inquiries for loans are com- not get the proper A $2,000,000,000, among his holdings be-| marck for two days, but Stuart only Co-Operation in Co-Ordination | ing in, precazing an unusually busy amount of fresh een, rhe oberricton of a tisnway, tor euich’e eene bere erp oe % ing nearly 700,000,000 acres of Rus-|had enough moneyfor the fare, name- , i building year for Bismarck and con- air in the daytime) Troie offense, except information or indictment, whlch mast vtate ian land. ly, $7.20, and a few dimes. He was of State's Educational System tinued prosperity for the association. ce because of improp-| nse, except on an information or indictment, which must state sian land. ae cecinat Meee akon Ae oy S "| erly..ventilated workrooms or other the facts constituting the offense. The allegations of an information or How high does the spirit of equality er neke Sal devant tain ads ee to Be Discussed SI See circumstances over. ‘which they have indictment must be direct and certain in regard to the offense charged. ad) Uden hones Gane ae ee im to : : . —"auruaw? no control.’ it 1s different at night- (Comp. Laws, Res. 10686), ian objection that the facts do not constitute do the roots of her revolution strike?|this party today on the train on his Grlantan ecoinesentnte: see O———___ time. gmhere is abeoluely ort teas 10745), and “tor this feast “counsel for defendant made ache motion The Romanoff family got those $2.- may, to Santen and daly informed that | ence of normal school heads with the HERE FROM WILD ROSE. See ae plenty" of air-in the In charging the commission of a second offense, it is necessary to state the 000,009,000 by inheritance from czars|fraian 7 etree pane’. able deans of education of the university] Miss Mildred Lawson, teacher in| (When one breathes good air all facts showing the commission of a first offense and also to state, in a and through the power to take as they| give this kind deed some subtlcity: ae and the agricultural college will be|the Wild Rose district, was in the city] night he 1s much refreshed in the| SNeTal Way, that the accused was duly convicted. of the first offense. Un- rsidusel “Lis imére: wealth, more lagd|Uan ure that these om were Pie calies at Fargo in the near future,| Saturday and called on the county| morning and is better able to do a dior the Satta it is not necessary to set forth the record of the conviction, : y overnores ane co when there will be discussed means | superintendent, W. E. Parsons, good day’s work. as it was at common law, and for that reason the judges rush to the con- le > than should be permitted to comprise my nore 0 ould be so kind to of co-operating in the co-ordination of ee @ No indoor air is as good as the ‘clusion that it is not necessary to state the facts showing a first offense. ai beraonsl fortune in Rusgla, or any- trie is, the Indians. North Dakota’s educational system. BUYS FARM LAND. pure life-giving ozone of the out of| The conviction alone is not sufficient, because it is no uncommon thing for ‘where else. -It means suppression off A NEW FRIEND OF THE GOV- Later the deans of the colleges of] Hector McLean has purchased aldoors. Damp, foggy. air outside is} # Party to be convicted when he is perfectly innocent. At Salem, Mass., equality and defeat of justice ERNOR. 2 engineering of the university and the| quarter section of land near Hay more healthful than stale air indoors. seven women, were convicted of witchcraft and now we know that their 2 . ie agricultural college and probably |Creck, through the F. E. Young] if you do not get exercise while at ecnviction and execution was an outrage and a disgrace to the Common- When one human animal, or bug, or NESTOS HERE. members of the faculty will be called | agency. ; work, walk at least part of the way| Weclth. The law is’ short and pointed. The charge is that eight years beast, or bird, or fish piles up billions] R. A. Nestos of Minot is in the elty together with a view to effecting a eh aie Laney to and from it. Walking is the sim- p-ior to the date of the information the defendant was convicted of the when millions of his fellows are in| on legal business. Benoa cision Bea i Ste HERE ON BBUSINESS. plest and at the same time the best| ‘eePing of » common nuisance. To say that there is a charge of the com- Miki ceed. ths. condition “cries “aloud sas ei ing wor! of the two institutions, G. T. Turner of McKenzie and Ed-| of ali exercises. mission of two offenses against the prohibition law, we must do violence to ni be : aivisigh RL FROM GARRISON. aleng fanee Proposed in the . recent | ward Adams of Sterling were among| One should also play outdoor games our common sense and the fundamental rules of pleading. ‘or arbitrary division ‘through force] Nick Reuter of Garrison is a Bis-| ducational survey. the business visitors in the city Fri-| if he can. Now is the time to start And there.is no reason for giving a drastic construction to a drastic of numbers. Laws, arguments, forms| marck visitor. ;, T am fisted from Dersonal con- day. tennis, golf or some’ other sport that statute to sustain a drastic sentence of a poor human being. The majority of government failing, what is refer- LtbERWiOOn ——— crautces bh t ail a these sentlemen, ; Dh oe takds-one.out of doors: ovinion concluded by saying the facts were fully and fairly submitted to a ih OD MEN HERE sai r. Craighead today, “that they HERE FROM MONTANA. rd jury. That is a gross error or a mere assumption, and it is not ited é red to as brute strength takes hold. Senator C. W. McGray and Krist} re anxious to get together and work; Mr. and Mrs. Garland of Miles City Spading and Planting of a garden bv anything in the record. And indeed the conviction is gad ") drasti y In Russia’s desire for equality and|Kielstrup of Underwood are in the| Ut @ plan for the-best interests of | are spending some time in the city| = @is° Rood. exercise’ ||| statute which does not accord with the limitations of the DEOnIbItion section justice so strong that she will take city. tin Salt come frogestaey institution, Seneae ns business and calling on] geepiy, slowly and regularly; avoiding vane SNe ators ie secon the word, “suitable,” is used as a for herself what has been wrung from TO CROSBY. and we should b wok taal breathing through the mouth. Rapid| |miting adjective before the word, “penalties.” The word is used for some cee atcha’ the: cantirids? Pat stesuion, ttasportition omeat| groan wore tor aoe pea the He. se ® breathing 18, harmfak abut” when one purpose. Tt means that the penalties of the statute must be reasonable, just ‘ i portant improve: HERE FROM STRASBURG. and humane, and not drastic, cruel or vindictiv je Pai a went to Crosby yesterday for an in-| ments in our educational system.” | Anton Ebach of Strasburg is spending| Dreathes deeply he absorbs an addi- : s sane patient. Crosby was an appli- belicteha pare esata nasa g is spending} tional amount of oxygen, which ‘is , J. E. ROBINSON, There are 200 species of onions,| cant for the second state hospital for Stee cays in te city with his 80D-| needed by the blood to keep us heal- | ————____—_ : Judge. and each of them causes a different| the insane. Now that Rugby has won ‘Alextus hospital ieee Pe 'y~ breath. out, Crosby has no further need for 3 Lapeery ae Any method of breathing should|FOR -SALE—A complete breaking BACK Fi SS Me kAbe ‘ bring the lungs fully into acti tfit, shi BOM SNOT. pres Ser lence. J. A. Vale of Sixth street has re-|' ng the gives, tn y a Titan red outfit, shipped from factory last} State Engineer Jay W. Bliss, who is | FORCED BACK OR RETIRED. TO LOCATE HERE. ~ SURE RESULTS turned from a business trip to the| i” those parts that aro idle the air/ spring; one Big Four 30; one six-| also secretary of the state highway Mrs. John Broderick of Goodrich is Killdeer district. \ . i bottom power lift Emerson engine commission, returned today from Mi- 4 front which the Germans call “systematic retirement,” and the Al- lies. “advance-under stiff resistance,” mean one of two things. a guest of her sister, Mrs. William Cavanaugh, 812 Seventh street, while seeking a suitable Bismarck resi- dence property. Mr. and Mrs. Broder- ick have retired from their farm and How close upon the recall intend to make the capital city their home. - a Land Companies Advertising in Class- ified Column Get Big ‘Returns. Many statements of results obtain- ed through Tribune classified adver- tising are received at the Tribune of- FOR MAGISTRATE. J. 0. Varney. I announce my candidacy for Police Magistrate at the coming election. Motto: “Peace to all and equal rights to all men.” (Political Advertisement). " lodgement in the idle parts, where vi- tality is lowest. ‘ Proper breathing demands that you hold yourself erect, with chest arch: ed forward. the capacity of the lungs and. makes week points:that. invite infections.. . A sunken chest limits! - not, where he attended a meeting of good roads boosters interested in the Wonderland trail, extending across the northern section of the state Gran@..Forks to Williston. 5 gang, complete with coulters and fins; one mounted gasoline tank; one 8-ft. disc; one surfacer—all as good as new; has broken less than 300 acres; outfit is located near Bismarck. Enquire ‘of Stark & Blaneh, ‘Arlington, 8. -D.—Ady.--‘ LE—Roll top a ‘