The Bismarck Tribune Newspaper, April 4, 1917, Page 4

f ST ii ‘ i i i Siemens arora ere 2 a AE ARE BISMARCK DAILY TRIBUNE mine ete EEE SME eS ee ee eee THE TRIBUNE Matered at the Pestoffice, Bismarck, N. D., as Second Class Matter. | {S8UED EVERY DAY EXCEPT SUNDAY | RATES PAYABLE IN | ADVANCE Daily, by mail or carrier, | POF Month ......seeeeeeenee ¥ 60! Dally, by mail, one year in | North Dakota ....... 00) Daily, by mail outside of North Dakota, one yoar ..... 6.00; Daily, by mail outelde of | North Dakots, three months. 1.60; Daily, by mail ia North Dakots | three months . oe » 1,25) Weekly, by mail, per year . 1.60 Member Audit Bureau of Circulatioa THD STATE'S OLDEST NEWSPAPER | (Batablisbed 1878) fe a LOCAL WEATHER BULLETIN. For the 24 hours ending at noon, | April 4, 1917: Temperature at 7 a.m. - Temperature at noon Highest yesterday Lowest. last night - Precipitation Highest wind veloc Forecast For North Dakota tonight and Thursday; night southwest portion; Thursday east portion. * ORRIS W. ROBERTS, Meteorologist. CITY ELECTION. Bismarck was committed to a pro- gressive policy under the guidance of a. business administration at the polls yesterday. Four more years of an economical, -non-political administra tlon are assured. This is the net result of the mag- nificent victory of President Lucas and Commissioners Battey and| Bertsch. The voters who signed petitions for; paving confirmed thetr stand by sup-} « 20) 48 | Generally fair | warmer to- warmer porting the men who initiated Vis marck's paving projects. | Victory and vindication are the} double fruits of this victory. | Taxpayers are doubly ‘assured that money still to be expended in street improvements will ‘be spent so that) they will get full value. | This is one of the vital results of | yesterday's victory, The battle is over; let join hands; forget campaign acrimonies; ‘blot out any idea of foolish and in- temperate’ reprisal and, shoulder to] shoulder, pull for Bismarck. Every city campaign, especially one waged: with the vigor of this one, leaves its sore spots. But we are all neighbors, citizens of a progressive municipality whose loyalty and love for Bismarck transcend all petty fac- tionalism. The interests of every citizen, his peace, health and safety are secure under this administration, which, halds no rancor and no resentment to those who opposed it. There are large opportunities crowding upon us, Any one of them is bigger than the interests of a} ¢lique ‘or’ the personal ambitions of ward politicians. The only way to “cash in” on opportunity pounding at our portals is to lay aside resent. ment, bury the hatchet and “root” for Bismarck. Division on city affairs is inevita- ble. Unanimity is impossible in such matters, But the real test of our loy: alty and belief in Bismarck is the manner in which we can subordinate these personal views, thus facilitat- ing a promotion of the broader and more fundamental interests of the city. A new erashas dawned for Mis- marck. The victory yesterday seals the separation of factional ‘politics from the administration of city busi ness, which, of course, is essentially non-political in character. “The voters have returned men to office who will handle the affairs of the city in a broad, unbiased and im- Personal manner. \No one will be de- nfed a hearing and every ‘man’s inter- est. will be zealotisly safeguarded. Now! Altogether, everyone: “For a Bigger, Better Bismarck.” Massachusetts’ senate asks the su- preme court to decide whether wom- en are “people?” If not, will the court please decide what they are? PATRIOTISM WITH A HOE. The nation faces: a tremendously important future. It may, before this year’s crops are harvested, be engulfed in the sreat world war. . Who can tell? But whether or not it is actually engaged in warfare, it will need food. Not only will more food be a burning necessity, but we all want cheaper food than for the past year. Even though we remain at peace the demand for food this coming fall ‘nd winter will be the largest Amer- Hda has ever ‘heard, for tte: world’s jstorehouses are nearly empty: and ‘many of, the world’s best food -pro- ‘ducers are at war/and unable to sup- ‘ply themselves with food. That means high prices. Jt takes no prophet to foresee a higher cost of living next winter than the one we are just passing, unless— Every available foot of ground is ‘mado productive, productive in things ‘to eat! Unless you'dig up your back | Dles | this You make it impossible for people in this land to starve next winter, and/ you make it possible for other peo: | upon whom war's desolations | have been thrust, to live. { \ The department of agriculture re-} ports a vastly increased acreage of} farm land given this season over to) growing foodstuffs, i But you, Mr. Cityman and Mrs Citywoman, can help. Your | yard can help. The vacant lot your home can help. All you need jt elbow grease and spade, hoe and rake} this summer. You then will have te] worry less about your own cost of liv-| ing and the large cities of the land! will see no hunger strikes next win-| ter. | Make a garden in your own bac} | yard, or in the vacant lot nearby! There's patriotism, profit and good health in it! To hetp you get the most out o nt lot gardens, your back yard or vac the Tribune has en of a good vegetable gardener—not ¢ college professor expert, but a prac tical man, who gardens himself, to series of articles covering write a every phase of the garden subject. { The first article was printed yes: | terday. Other garden lessons by him will be printed until well on into the growing season. We hope you will read them, ve them for future ref erence during the gardening season, , over them, ¢ and Have a garden this summer! Will you? | THE LABOR VOTE. i W. J. Prater and Carl Kositaky dis covered. yesterday when the vote was | canvassed that’ St 1s impossible to| ram the Non-partisan league doctrine | of discord down the throats of the} ; voters of Bismarck. | These gentlemen conducted a sort! of detached campaign of their own, confined chiefly to the issue of class | prejudice and hatred. | The Tribune is informed, reliably, | that many of the candidates who fail-, ed of election at the polls yesterday | have repudiated the odtrusion of Mr. Prater with his blatant agitation and (Mr. Kositzky with his Non-partisan|! league roorbacks, seeking to align la- bor against capital py ribald, dema-| gogic appeals of the cheapest kind. | Mr. Prater’s address at the politi-| ca} tea party in Patterson's hall fixed | gentleman definitely in Bis-| marck’s political status. It should relegate him completely to the rear. ‘As chairman of the Burleigh County | Republican commitiee, he poor judgment in prostituting his of- fice in a purely non-partisan’ elec- tion. In view of the reprimand adminis tered to these gentiemen at the polls for seeking to foist socialism into the; campaign, it is fitting to press home a much needed lesson for all “reform- ” sailing under false colors. The result yesterday was a tribute to the intelligence of the tabor voters, who realized that an attempt was be- ing made to draw them into the con- test for the purpose of injecting an issue that had absolutely no place in the campaign. ers FARMER AND LAND, TOO. Organizers and the paid promoters of the Non-partisan league do not dis- guise their socialism. They have ac- cepted any political label to sugar- coat the ‘bitter pill, But the main objective which is never lost sight of by the leaders is the. promotion of socialistic doctrines, The regulation of the markets and the establishment of state owned uttl- ities, such as elevators, packing Plants and flour mills, are the ‘basic issues now. Those in charge of the destinies of the league have showed political acumen in selecting these as aramount in a state where abovi eighty per cent of the population is engaged in agriculture. But the propaganda, Mr. Farmer, will not end there. In the midst of sO much regulation how can the farm- er himself escape, Put all the ele ments of distribution on a socialistic basis, then, as night follows day, the land and the farmer as part of ths general scheme must also go on a so. cialistic schedule. DOINGS OF FHE DUFF. ANYONE IS APT TO MISS SOMETHING AT A SHOW | WAITING FOR You, ed the services | think | showed | 1 Nov WAN OUT OF i Your CHAIR? - Do NOW : | THE BALLE iT To FALL HERE? py <a TOM, DID YoU NOTICE: 12 EXPRESSION ON By Allman KRY DID Nou |S GET A BOX TOM: GETTING NEAR _ SIGHTED? WELL, Loc TY THe ‘ nd s family jin Mandan, ting Y | parents, Mr. and Mrs, Martin Bull. | se Returns to City. roria ‘Lindo itin ni. 2m the da, day Bismarek he ga, few s Family. a | SUPREME COURT th the latter’ who had been Qo—_—_- FROM SLOPE COUNTY. and Re. Plaintitt V 2 | rc and Allie Major, | | Sherif of Slope County, North Da- kota, Dete s and Appellants. bus lapse of a \¥ a f a mortgage lL power to n equity and t Cou Craw ric eC. the Dis ; Hon. W. he Court by Robinson, istianson, J., and ‘Bruce, C. J., ke!son, Bowman, Attor- | lant | . Dickinson, ‘Attorney for | i State of N and) Responden: | Rognhild Sogge, Elmer Jones and} Betsy Jones, Defendants and Ap-| pellants. Syllabus: The exprassion, “corpus delicti’ as understood inj cases of homicide, means the body! of the crime and consists of two com-| ponent parts, the first of which is} the death of the person alleged to} have been killed, and the second, that | such death was caused through crim- | inal agen | 2. Section 9459 Compiled Laws of} 1913 which provides that no person) can be convicted of murder or man-} the mil elevators, factories and pub- lic utilities in North Dakota is no proof that their main object is not public ownership and control of the land, the basis of all wealth. The farmers should recall that when the movement first started, it was merely to ‘be a revolt against the Hanna political machine and a fight for a state owned terminal elevator. When Townley and his followers j Were firmly in the saddle, the pro- gram was inflated like a gas balloon. Before election the farmers were be- ing doped with socialism in small doses; now it is being crammed down their throats in large, undisguised portions. A significant feature the farmers will do well to ponder over. The members of the league are pro: ducers; they are capitalis they are employers of labor. verything in the Townley program carried to its logical conclusion is hostile to their interests, In St. Paul, before long, where Mr, Townley has his oflices, the Non-par- tisan league work to secure votes among the city folks, will tell them what they propose to do in establish- ing public ownership of the farms, so as to lower the cost of necessities to the mechanics. ‘Socialism is a two. edged sword. The farmers will find it out, if they continue to follow the pace set by Townley and Coates, UNITED STATES AND FRANCE. The New York World — editorially urges that the United Stat make nee a present of '$1,050,090,000, France, in her hour of deadly ex- tremity, is borrowing — $109,000,000 from our private banking concerns and is being compelled to pay 6 per cent. interest, depositing '$129,000,000 worth of securities as collateral—a mighty hard-up party at the mercy of arrogant pawnbrokers. Attention is called to the fact that, when the American colonies bankrupt and — struggling France loaned them hundreds of mil- |lions at 5 per cent and canceled the interest for the whole period of our Revolutionary war as “a new proof of affection and friendship.” She also for lif Destroy the speculative market, eliminate initiative and competition sent over battleships and some of from the marketing of farm products | "er ablest officers. | Delivery to France, through pro- and where will the farmer of North Dakota be within the next five or ten} years? It is futif® for the satellites of Townley to tell the North Dakota farmers that they can control the markets of the nation. The reverse is true. If Townley and his band of So- cialists can put all the markets on @ socialistic, non-competitive and Profiteharing basis, the farmers of ‘North Dakota will have to send their produce to such a market and get what such a market sees fit to pay. Stated in concrete terms, the social- istic program requires the public or collective ownership of all principal instruments of production, as well as distribution of wealth—THE LAND, mines, railroads, steamboats, tele- &rapb lines, railroads, telephone prop- erties, mills, factories and all modern Yard and grow food—cheap food—for your family this spring and summer. It is not only that you aid in the machinery. It is very significant that the So- cialists put the public ownership of ‘LAND. FIRST in their program. Just Coy tection by our na of a billion dol- larg worth of American food and mu- nitions, might save our sis repub- lic and would undoubtedly be about the worst blow we could give Ger- many. But, at this Gate, it would hardly be possible to work up public sentiment to a gift of a billion dol- lars in payment of a debt of grati- tude contracted in 1778. However, we might loan France the billion at a low rate of interest and cancel the interest during the war period as “proof of affection and friendship.” Morally, our nation owes France more than it ever can repay. She was our open, helpful friend when all our other friends were cowed by our }Oppressors. France, now, both as to money power and man power, is on the verge of an abyss. A fellow who, loaded with prosperity and power, will not help his impertled friend at least to the extent that that friend helped him is popularly set down as a mighty mean, cheap skate. Fortnight Club Meets. the Fortnighiy party at the Cor yesterday after. ttended, The members of club held a unique: mercial] club roo’ noon, It was la . Club in Session. The Mandan’ Commercial club di- j rectors held an important meeting Monday evening, for the purpose of arranging. for the: big railroad mect- ing which is to be held at the Com mercial club rooms tonight. Mes A. J. Sylvester, H. L. Henke and HH. J. Tavis were appoin the Mandan Commer club, cok ot Directors Meet. The directors of the Mandan Town Commercial portant meeting in the club rooms for the purpose of ar: ranging for a local baseball nine. cee Spending Vacation Here. Miss Margaret Cummins, student in the University of (Minnesota, is in Mandan, spending her Waster va cation. + * Bismarck Visiters. Mr. and Mrs. Eric Thorberk of marek were in Mandan yesterday, the guests of the former's parents, i A. EB, Thorber; “WOMAN RECR One of the first women in the Unit- ed States to offer their services to re- cruit men for the navy was (Miss Viv- iane Whittall ava! daughter of Capt. John Q. Adams of Boston, She is a native of Turkey and.of English parentage. She fs here shown col- lecting recruits on’ the Boston Com: mon. 2 = cee ~ Serer The state auditor’s, office is en- gaged in apportioning taxes received from private car Mhes among the various counties, About $5,000 has been. received to date. The distri- tion is made on the basis of mile- age, after the state has deducted its 4.5 mills for each of the five years covered by the Kk taxes, and which will approximate about , $20 out of each hundred, leaving, a very small BL. Shall France find us pawnbrokers?/ amouyt for-any individual. county... rs.j Where he will me d to represent | and Country club was held at the Commercial clu rooms jast evening, in the directors’ room: > # Talk Over Baseball. | Mandan baseball fans held an im- ITING OFFICER Washington Pictorially in Wartime Visited in City. a 3 Mrs. V. J. LaRose of Bismarck was| Used the words’ “direct proof” as the/ the gnest of Mandan friends yester-| Cquivalent of, and a synonym for, day afternoon. ai | evidence. | eee 3. Evidence examined and held A deal was i. jhotel from T. H, Luce. leave ee # To Dickinson. H. S. Russell for Dickinson for a sit with relative . M Covers Its Field. fat New Salenr » | eee To Make City Their H Mr. and Cc. R. Fergus Walls, their home. {general manager at h the extra edition, gi | Mandan readers the earliest complete news of the vital the hour. roe Mandan News Bureau Purchases Mandan Hotel. consummated yester- |day afternoon of importance, when tomer of Jamestown, railroad man, purchased the Mandan Mr. Luce will oon for Grand Rapids, Mich., ke bis future home. left yester w day and friends. . ii Returns to New Salem. Philip Blank returned to his home day afternoon. ome. former, Many complimentary statements | convinced of the prisoner's guilt be- jwere heard pased about the extrat yond a reasonable doubt, The evi- {the 7 ine issued Tuesday morning] gence of cireumste is to be tak- on President Wilson’s message to} en hy you the fdonce ot congr Mandan was well “cover-| direct and posit It is to be sue of Rodinson Minn., arrived in the city Sunday and will make Mandan Mr. Robinson is the new the Cummins, slaughter unless tee death of the! person alleged to have been killed} and the fact of the killing are each} established as independent facts; the} former by direct proof and the latter} | beyond a_ reasonable doubt; con- strued, and held that the legislature that the court-cannot say ag a matter | of law that the corpus delicti has not) heen established. 4. It is held: for reasons stated| in the opinion that the giving of the following’ instruction constituted trejudjcial error: “Circumstantial evidence alone is enough to support the verdict of guilty of any crime, providing the jury believe beyond a} réasonable doubt that the accused is guilty under the evidence. No great- er degree'of certainty in proof is re- quired ‘where the evidence is all cir-| cumstantial than where it is direc for in either case the jury must: be received by you in the light of reas- on—in the light of ac are the results There is no ground inction between circumstantial and direct evidence.” Appeal from district court, Towner county; C. W. Buttz, Judge. Defendants were convicted of manslaughter and from the judgment of conviction and from the order de- nying a new trial, they appeal. Reversed. Opinion of the court by of GETS Snapshot No. 5. ittsg agri aids U.S. MARIN: MEMS Oe PE Kn eTab + MEN FOR NAVY. Mf Bistarol sawed ioe | | 'Phonberg; 'Chies department — store, Chriatwansonk nelgs: Robinson, J., | succeeding A. B, Thorberg. concurs specially. isa C naane Torger Sinness and Clyde Duffy, From Minnesota. | Minnewaukon, and Victor Wardrope, ind Mrs. Gerald Bowers of} Leeds, attorneys for appellants. | Minn, ed in the city! T. H. Burke, state’s attorney of | and: are ng a few days | Minnewaukon, N. D., (now of Hardin, Mont.), E. T. Burke, Bismarck, and | Wm. Langer, attorney general, and |D. V. Brennan, assistant attorney general, attorneys for respondent. pot hide 55 FROM WELLS COUNTY. Crane & Ordway Company, a Corpor- ation, Appellant, vs. Sykeston School District No. 11, @ Municipal Subdivision of the Coun- ; ty of Wells and State of ‘North ‘Da- ny ios vivew, Kota, Respondent. % ned lum| Syllabus: (1) Where a contractor jinn., visiting} 59 induces a board @ directors of a school district to issue a district war- |rant by making false representations |as to the payment for materials used | \in the performance of a contract be- tween such contractor and the dis- trict, the transaction may be rescind- ed and the contractor required to ,surrender the warrant for cancela- tion. (2) The right of rescission where consent is induced by fraud or by a false representation does not depend upon damage to the party imposed upon. (3) Under Section 7396 of the Com- piled Laws of 1913, which provides that “in the case of an assignment of a thing in action the action by the assignee shall be without preju- » dice to any set-off or other defense,” the right to rescind a transaction’ for fraud exists against a beneficiary or an assignee as well as against an immediate party to the transaction. (4) Section 6832 of the Compiled Laws of 1913, requiring pwblic officers to take bonds from contractors be- fore entering into contracts with them, is, as to time, directory merely and the contractor is under obliga- tion to recover his compensation. (5) Seetion 6832 of the Compiled Laws of 1912, requiring that bonds be taken for the performance of con- tracts for certain public works to se- cure material men and laborers and making officers neglecting to comply therewith personally liable to materi- al men and laborers, is not to be con- strued as making the original con- tract the individual contract of such officers, but rather as making the offi- cers involuntary sureties of the con- tractor’s obligations to third parties. (6) The fact that the members of a school board have disbursed school funds in payment of individual judg- ments obtained against them for ma- terials supplied to the district war- rant which had been obtained by fraud. Appeal from the District Court of Wells County, Coffey, J. Affirmed. Opinion of the Court by Birdzell, J. John O. Hanchett, Fargo, Attorney for Respondent. : From Ward County ‘The State of North’ Dakota, Plaintiff and Respondent. vs. Ward MecCrill, Defendant and Appel- lant. SYLLABUS: 1. In a criminal ac- tion for keeping and maintaining a common nuisance contrary to the pro- visions of the prohibition law of this state, the improper admission in evidence of a certain search warrant under and by virtue of which the de- fendant’s premises were‘ searched is not prejudicial error, where defend- ant’s guilt is established by ‘other pos- itive, uncontradicted’ téXtimony to such a degree of certainty’ that the jury could not have retiirned a verdict for the defendant without wilfully dis- regarding its duty. 2. In such cases the improper ad- muission in evidence of the officer's re- turn on such search warrant is not. prejudicial error, where the officer is: Placed upon the stand as a witness: and examined and cross-examined ful- ly with respect to the matters refer- red to in his return, Appeal from the County Court of Ward Couty, Murray, J. Defendant was convicted of keeping and maintaining a common nuisance, contrary ‘o the provisions of the pro- hibition law, and appeals from the judgment of conviction and from the order denying’ a néw trial, Affirmed. Opinion of the Court by Christianson, J. Robinson, J., concurs specially. Greenleaf, Wooledge & Lesk, of Mi- uot, Attorneys for Appellant. ©. E. Herigstad, State’s Attorney and Dorr Carrel}, and R. A, Nestos, Assistants State’s Attorney and Wm. Langer, Attorney General, and D. V: Brennan, Assistant Attorney General, for Respondent. WOULD LEAD COLORED . ARMY INTO THE FIELD (United Press) London, April 4.—America will be represented immediately in the field against Germany by a colored army if George Washington, door-keeper for the United States consul gener- al, has his way. Washington asked permission to recruit a body of ne- groes. You will find more of the People of North Dakota registered at the Radisson than at any other hotel in the Twin Cities. DOING THEIR DUTY Scores of Bismarck Readers Are Learning the Duty of tne Kidneys. To filter the blood is the kidneys’ duty. iy When they fail to do this the kid- neys are weak. Backache and other kidney ilis may follow; Help the kidneys do their wor'.’ Use Doan’s Kidney ‘Pills—the tese ed kidney remedy, Bismarck _ people worth, J. A. Montgomery, 710 Sevent’ St., ‘Bismarck, says: “{ suffered for 2 long time from a bad attack of kid- ney trouble. Doan’s Kidney Pills were just what I needed. They strengthened my kidneys and baci and regulated the Kidney action. ! endorse their haven't had any kidney trouble since.” Price 50c, at all dealers. Don't simply ask for a kidney remedy. «et Doan's :Kidney Pillsthe -xame that Mr. Montgomery tind. Foster Milburn Cac NG EA A tists ob arog [sod ’