The Bismarck Tribune Newspaper, May 11, 1917, Page 8

qi BISMARCK DAILY TRIBUNE FRIDAY, MAY 11, 1917. CITY SUSTAINED ON EVERY COUNT BY nll COURT Decision in Paving Case Com- plete Victory for Bismarck and Commissioners “$-O-M-E Doughnut!” 4 “Any time _you want real goodics use Calumet Baking § Powder! My mother uses it— she’s tied all others —she’s learned her lesson—now she i sticks to Calumet, *Unequalled for making tender, wholesome, light bak- ings. | Wonderful leavening and raising qualities—uniform PROCEEDINGS OF BOARD REGULAR AND IN FORM | Every Step Taken Approved by Supreme Tribunai—Citizens’ Committee Proper The city commission won a ~com- plete victory in the second district paving litigation yesterday, when with only one dissenting voice the supreme court upield, stey by step, every action taken by the board in connection with the creation of the paving district, the advertising of the same, the calling for bids and the awarding of the contract. Opponents to permanent street im- provements failed to score on a sin- gle count in the higher court, which affirmed in toto the findings of Judge Nuessle in the Sixth district court, denying motion of the petitions for ‘assessmenf,, thé failure to consider and pass upon, the sufficiency and validity. of protests of owners of less than the majority of property in the improvement district at the next reg- ular meeting of the commission after the expiration of the time for filing protests is not a jurisdictional de- fect, where it appears that no pro- tests were filed within the statutory period and that such protests as were filed prior ‘to the letting of the con- tract were investigated and reported upon adversely to the paving com- mittee of the city commission con- sisting of the entire commission. (3) Where a “citizen’s paving committee” co-operates with the city commission in the selection of pav- ing material, such co-operation is not to be viewed with suspicion; and where property owners Within a pav- ing district, following the suggestion of a “citizens’ paving committee” that such owners refrain from signing pe- tions expressing preference for mate- rial pending an investigation by the said committee, by their non-action leave the city commission with full authority to select paving material, held that acquiescence in and assent to such co-operation does not amount to malfeasance on the part of the members of the city commission. Powers of Engineer. (4) Where a proposed contract for a public improvement contains clauses delegating to the city engi- neer powers which can properly be exercised only by the city commis- sion, it is proper to assume that the city engineer will act in. conformity with the wishes of the city commis- sion ag to such matters. (5), The clayges- of a proposed contract for public: ‘ improvement which give to the city engineer the an injunction restraining the city of Bismarck and the Ford Paving com- pany of Cedar Rapids, Iowa, from proceeding further with the paving of district No. 2 and ordering ‘the ac- tion dismissed. Judge Robinson Dissents, Justice James E. Robinson is the only dissenter. His opinion was pre- pared two weeks ago and was pub- lished in a number of state papers in connection with his Saturday eve- ning letter. The opinion of the court, an exhaustive and complete exposi- tion of the entire case waich will establish many valuable precedents, waq written by Justice Luther E. Birdzell, The concurring justices are Bruce and Grace and Judge J. A. Cof- fey of Jamestown, who sat in the stead of Justice A. M. Christianson, disqualified as one of the petitioners for the improvement. The Opinion. The gist of the supreme court’s opinion is found in its syllabus, which is given here in full: Syllabye. ——a— (1) Prior to the letting of a con- tract for paving the city commission WAR CALLS. NINE of the city of Bismarck created a pav- JOURNAL WRITERS | ing district; directed the city engi- (Tribune ‘Special Service.) Bearreah eae psc spocioaiions " i r 5 S$, approved the same, Minneapolis, Minn., ‘May 11—Nine| yjaced them on file and passed a res- members of The Journai’s editorial | olution declaring the work necessary staff who have enrolled for active|to be done. Immediately thereafter war service were honored last night |the commission published the resolu- by their associates at a staff dinner | tion of necessity in conformity with at the McCormick cafe, Beans and| section 3704, C. L. 1918, in the offi- hardtack were served as a foretaste| cial newspaper of the city and con- have, already ae for service—Louis Mas Rretier elie ahs ork ee (L, Collins, ‘}with,jthe Norton-Harjes | that ¢] 201 ing 4 ambulance} ¢orps, a the ‘Amierionn that the foregoing: proceedings were Red Cross in ‘rance, and Jefferson regular i shal “section 3705 does Jones for aviation service. ‘The oth: |MOt Teduite’ that the publication of ers: honoretlast-night.were: Ralph |th€ proposals for work be delayed Campbell, “Clarence B:.Wintet, Neil until the publication of the resolution H. Swanson, James L. Markham, Br-|°f necessity has been completed, nest A. Rovelstad, Charles J. Brad: Consideration of Protests. While it is the duty of a city ley and John P. Stewart. (2) os ee) commission to consider protests “Tho Pixies,” director Miss Tatley,| which may be entered against an im- Auditorium, May 16. provement to be paid for by special supervisory power necessary to in- sure satisfactory completion of the work in conformity with the plans and specifications are held not to vio- late section 3708 of the Compiled Laws) of 1913, requiring the letting of such contract to the lowest peepons sible bidder. Reduction of Gontract. | (6) Where ‘a propased cbntract for public work contains stipulations under whicn the quantity of work is subject to a maximum reduction of 15 per cent and where the proposal for bids specifies approximate quantities and bidders bid upon a number of items of material and work, and the contract for, the same embodies a schedule of unit prices; held that the |, permissive alteration in quantity within a given maximum does not render the quantity of work indefi- nite, ‘and does not eliminate compe- tition in bidding. Forcign Corporation. (7) Where a contract was let to! a corporation which was not at the | time ‘doing business within the state, held.that entering into such contract was not a doing of business within the state within section 136 of the constitution and sections 5238 and 5240, C. L. 1913; and that such con- tract is not invalidated by section 5242 of the Compiled Laws of 1913; held further, that work will not be prohibited under such contract waere it appears that the corporation com- plied with the statutory requirements and obtained from the secretary of state a license soon after the contract ‘was let. Appeal from the district court of Burleigh county; Hon, Wm. L, Nues- sle, judge. Judgment for defendants, Plaintiffs appeal. Affirmed. Opinion of the court by Birdzell, J. ‘Robinson, J., dissents. Christianson, J., being disqualified, did not participate, Hon. J. A. Coffey sitting in his stead. F. H. Register, Bismarck, and S. E. 7 One hat has maintained its superior 45 years and always will. The Coats, 'sale prices $9.90 to $27. 50 The Suits, sale price $9.90 to $27.50 The Waists, sale price 49c to $4.98 The Dresses, . $9.90 to $25.00 The Skirts, . . ~98c to $4.98 The House Dresses, Reg. $1.75, 79c _The Neckwear, Reg. $1.25, sale, 79c The-Aprons, Reg. $1.25, sale, 98c The Aprons, Reg. 98c, sale, eae Ge The Millinery, Res- $7.50 & $8.50, sale $4.98 The Children’s Coats, 20% Discount The Raincoats, one lot, each, $3.98 The Breakfast ’Sets, one lot, 98c The Corsets, one lot, d 98c Dow t worry because most hats have cheapened quality on account of : high cost of raw matertals. Tre Lanpher Hat $3” quality for Ellsworth, Jamestown; attorneys for plaintiffs and appellants. F, E, McCurdy and C. L. Young, Bismarck, and H. (E.. Spangler, Cedar Rapids, Iowa, attorneys for defend- ants and respondents, NEW ARMY TO BE FREE FROM ALL DISEASES: As Strict War Measure Council of Defense Takes Decisive Steps for. Welfare of Troops Washington, May 11.—As a strict | war measure, the Council of National Defense has taken decisive steps for | the hygienic and mental welfare of the soldiers and sailors of the nation. ' It has struck at the presence of dis- ; eases and at alcoholism in all mili- | tary commands. Guided by the general medical! board, which {is consiantly studying ; medical problems in connection with army and navy mobilization, the de- cisions of the council are these: Decisions,.of Council. First, that under military control! an effective zone. shall be created about all military commands as the most practicable and effective mea- sure to prevent venereal diseases, Second, that these military zones shall serve also ag a means of con-} trol of alcoholic beverages to the, troops. These decisions are reached by the council after exhaustive study of con- ditions today among European armies. Zones Will Be Created. Zones about military commands will, therefore, be created and con- ditions in these zones will be guard- ed. by military’ emasures. The two military arms of the government offi- cially recognize that continence is! compatible with health. The council also recommends that all military commands be provided with good facilities for the recreation of troops. It urges that all suitable athletics be encouraged. Liquor Use Under Control. Use of alcoholic beverages by sol-! diers and sailors in military com- mands has long been under military control. But creation now of these) military zones ‘will in effect extend such control over the troops when they are off duty out of commands. “To face these ugly facts in an un- flinching. and no. half-hearted _ fash- ion,” said Dr: Franklin H. Martin, member of the advisory commission! of the Council of (National Defense, ! “makes for the’ fighting power of the| nation. But our troops are insepar-| ably a part of our civil life, and a clean, wholesome, temperate life among these’ troops will in the end make for our civil advancement, com- pared. to which the Gost of the war is nothing.” £0 a Visits Bismarck—Mrs. L. H. Con- nolly and. baby visited friends in Bis- marck yesterday. . County Agent in ‘Hebron—County Agent A. J. Gaumnitk-was in Hebron yesterday, looking’) -after business matters. 1 . Buckley Visits Mandan—John Buck- ley, veteran of the Civil war and pio- neer resident of the'Fort ‘Rice local- ity, was in the county seat today, at- tending to business affairs. eee ‘Leith Banker Returns—Clair Cor- nell of Leith returned yesterday after- noon to his home, after having spent a couple of days in Bismarck and Mandan. see Murray in City—J. K.'Murray, legal light of Mott, was in Mandan yester- day,. attending to legal: matters be- fore Judge Hanley concerning a mort- gage deal in the interest of a client residing near Flasher. see Buried Today—Anton Sheoner, pio- neer resident of Mandan, who died ‘Wednesday morning, of Bright's: dis- ease, was buried this morning. The funeral services were held at the Catholic church. * * ‘Brother at Snelling—It will be of particular interest to friends of George W. Janda to learn that his brother, Major Joseph G. Janda, member of the Third U. S. Infantry, recently dismissed from Mexican bor- been assigned to his new duties. ‘oe 8 Two Shows 7:30 & 9 Auditorium Tonight — 7:30p.m. Two Shows 9:00 p. CHARLIE HAPLIN in ‘The Review of 1916” . _ Price 20c Come and Laugh der duty, will be in charge of the drilling at Fort Snelling. He has Announce Program—It was an- nounced today that Mothers’ day will be observed by both the Catholic parochial and Custer schools Friday afternoon, (May 18. Luncheons will be served to the mothers. The pro- grams will be held on the lawns at the different schools. é see Vickers to Leave—Mr. and Mrs. Frank Vickers will leave Mandan in a few days for the coast, where they anticipate making their future home. | Mr. Vickers has been night round- house foreman for the past eight months, but resigned Monday. ** 8 Desmond Royer Home—Desmond, son of Mr. and ‘Mrs. L, S, Royer, who has been a patient in a Bismarck hospital for a number. of days, was able to return yesterday, Desmond Re eg WE MAKE Clothes for Particular Men Particular, careful men in- sist on Liberman tailored Suits and Overcoats. Know- ledge, buying power and skill are the causes of our success, We are now showing new medium. weight __woolens, made, jo $F $ Lose “16 More IBERMAN 422 BROADWAY: Successors to CAPITAL TAILORING CO. was critically ill for some time and it was feared that he would not sur- vive his critical illness. rar Sheriff in) Hebron—Sheriff Oscar Olson and Deputy ‘Sheriff Paul (Muel- ler went to Hebron yesterday morn- ing, to attend to oificjal duties con- cerning the car of wine which was at- ‘tached there the other day by States Attorney L, H. Connolly. (RETURNS ‘FROM ATTENDING AN EASTERN UNIVERSITY “Christian Lucas, oldest son of May- or and Mrs. A, W. Lucas of Avenue A, returned today on ,No. 3, from Philadelphia, Pa., where he has been attending the University of Pennsyl- vania. Young Mr. Lucas with a num- ber of the students of the university. joined the aviation corps. He was ac- companied by Arthur Strain of Great Falls, Mont., who is also. a student at the university. - a HOUSANDS Now Is Your One Chance to “Get In” on a Real Bargain Sale Kindly clip out this ad and bring it with you, so as to sure you get goods as advertised OHNSONS’ POPULAR PRICED STORE ‘Special ‘from first to last day’s wear. : . Come here and be fitted in ‘Me fein Shoe, one of our standard lines, and you will receive the attention, the service and the merchandise that a store with a reputation knows how to give, ROSEN’S CLOTHING SHOP of wearers know the name “Florsheim” is a mark of “better quality,” an as- surance of the greatest number of days’ wear and satisfaction. Pay the natural advance in price—buy Flor- sheims—you will receive the utmost value for every dollar you invest, with ‘‘Natural erate comfort Notice! In our Bargain Basement you will find an endless variety of Saturday Percales Ginghams Wash Goods Specials Glassware Notions Etc. Come Early and get good selections