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

i; i ES THE TRIBUNE @atered at the’ Pestotfice, Bismarck, N. D., as Second Clase Matter. {S8UED EVERY DAY EXCEPT BUNDAY SUBSCRIPT! RATES PAYABLE IN ON DvanGm Nally, by mail or carrier, POr MONth ....cceseeverveeee @ 0 Wally, by mail, one year in North Dekota . Daily, by mail ou North Dakota, one eee cosee 6.00 Daily, by mail outside o! North Dakota, three months, 1.60 Daily, by mail in North Dakota three months ........+000 1.25 Weekly, by mail, per year . ‘Member Audit Bureau of Circulation — LDEST NEWSPAPER cHB erate 0) ? h WEATHER REPORT . For 24 hours ending at noon May 19: | Temperature at 7:00 a. m. ~ 42 Temperature at noon Highest yesterday . Lowest yesterday . ‘Lowest last night Precipitation .... Highest wind velocity . Forecast. For North Dakota: air tonight; c vil bably Sunday partly cloudy, ywith pro showers in west portion and warmer in east portion. ‘Lowest Temperatures Fargo . E o Williston: 42 Grand Forks 6 Pierre ... 50 St. Paul 60 Winnipeg o Helena A Chicago . > Swift Current . Kansas City 70 San Francisco . os 48 ORRIS W. ROBERTS, eh Meteorologist. PO FO9F FOS FE SES ¢ A hearth is no hearth un- less a woman sit by it—Jef- > feries. ° * ° i GRAND FORKS WATER. The Tribune has before it a copy of the Grand Forks Herald for Friday, | May 18, containing a full page of offi. | cial city proceedings. Particularly interesting is the report of the su- pervisor of the water filter. He re- ports finding evidence of sewage bac- teria in all specimens of raw water and in two specimens of filtered wa- ter. This right under the nose of Dr. Cox, head of the health laboratory of the state university, who has been sending in maligning reports upon ‘Bismarck’s water, which in its raw state is better than tha Red. Tiver ip its filtered state. ° hEMRE AE e: Continuing, the supervisor of the filter says, and we hope ‘Dr. Cox and all the other “bacteria specialists” at the Grand Forks institution of learn- ing will read this report: “Attention is called to the fact that the water during the past month has been a difficult one to treat, as is usually the case during the period just after the ice goes out of the river.” It will be noted that ‘Langer, Cox, et al. timed their attack against the Missouri river water following one of the greatest floods and just as the ice was leaving the river. This was done by Dr. Cox at a time when the Grand Forks water supply, upon the admis- sion of the supervisor of the filter, was extremely hard to treat. There is nothing on record to show that.Dr.. Cox and.his minions tried to BHU the Water Off at Grand Forks. There was no bruiting abroad of the condition’ of the:water in the Univer- sity town. ; When will the learned “experts” treat all portions of the state fairly? We commend the report of the Grand Forks supervisor to the state health board and to the state health laboratory. It is to laugh! Hell is both sides of the tomb, and a devil may be respectable and wear Bood cloth Parkhurst. BUY BABY A BOND. Buy a Eond for ‘Baby! There you have the’ Three B’s of Joy. Little Jimmy or Jane is now tiny, but 15 years from now will be at an age where money will be use- ful, maybe needed. Uncle Sam has offered to the Am- erican people a $2,000,000,000 Liberty Bond issue. These bonds will help pay for the great war for world free- dom. If you Buy a Bond for Baby you will be doing two good things— helping America win the war and giv- ing Baby a stake in life. At compound interest Baby will have $161.82 at the end of 15 years, figuring on 3 per cent compound in- terest. If your bank pays a higher rate ‘Baby will, of course, have more. In case of necessity Eaby's Bond can be sold at any time. If the gov- ernment does not wish to take up the bonds at the end of 15 years it may Jet them run for 15 years more, in which case Baby’s Bond will continue to. accumulate interest. Here is what Baby will have if you ‘buy a $100 bond, deposit it in a bank and allow the interest to accumulate at compound rates at 3 per cent for 15 years:. $3.50 end of first year, $3.61 end of second. $7.32 end of third, $11.14 end of fourth, $15.08 end of seventh, $27.62 end of eighth, $32.26 end of ninth, $36.83 end of tenth, $41.53 end of eleventh, $46.38 end of twelfth, $51.38 end of thirteenth, $56.52 end of fourteenth, $61.82 end of fifteenth. And this, added to the face value of the bond, makes the total wealth to the credit of Baby $161.82. Buy a Bond for Raby—a Liberty Bond. Make baby a little patriot and a little banker. “Food skunks” is what Herbert Hoover calls the speculators. Righto! RECENT LOSSES. America has been sorely stricken in this year of its Great Adventure. The fates work strangely, with na- tions as with men. In the hour of America’s greatest need for men of force and intellect some of her greatest have been taken iby the ever-reaching hand of death. The list is along one. Joseph H. Choate is the latest to ‘lgo. He has been taken from the ranks of great American diplomats. There was Foraker—‘Fire Alarm Joe” Foraker—taken almost within the fortnight, from the ranks of our statesmen and politicians. Our naval and military strength has been sorely stricken, too. Who did not feel a pang of regret when the word came that “Fighting Fred” Funston had died? And who did not| share the nation’s sorrow when Ad- miral Dewey was called to the Great Beyond? National heroes were these —tried and true servants of America; men not easy to replace. Added to the list is that hero of all boydom, Willidm F. Cody, fine old “Buffalo Bill” of bygone frontier days —ays typical of America and filled with deeds of bravery and human ser- vice. Inscrutable are the ways that are worked out in the Great Scheme of Things. But, deeply as America mourns those who have gone and whose deaths have left an impress on al- most every walk of national life, Am- erica’s great pride is that younger men will arise to carry on the work they left. %5 We mourn, but we do not pause; We go on, with the ‘boundless energy tion. What a great country is America! It can lose much and still have more than any other land! Bach mans a hero and-an praclé ever he says has an enhanced value. —Carlyle. LIBERTY LOAN. |. Some wizard may invent a@ ‘way: to| not going to win the war for America, There isn't going to be anyhocur pocus business about what we've got on our hands. It's going to be just plain old plug- ging away, everybody doing his best, that will win. We've. laid our plans for raising the army we're going to need. Now we've got to back up the ar- my; we've got to keep it outfitted. fed and supplied with guns and am- munition. That takes money—loads of money. For the first of this money a bond issue has been voted by Congress. Bonds are on sale now. These bonds can be had at any bank. They draw three and one-half per cent interest. They come in de- nominations of as low as $50. You can get them either for one lump pay- ment, or on the installment plan. You pay 2 per cent on application, 18 per cent June 28, 20 per cent July 30, 30 per cent August 15, and 30 per cent August 30. That is the install- ment plan. You are not giving.Uncle Sam any- thing. You are just loaning him a Mittle money at good interest, on se- curity that is the best in the world. And you won’t have to pay taxes on it. Your bond is marketable at any time. You can sell it any day you please. It is up to the ‘American people to buy these bonds and to buy them quick. Wall street isn’t going to buy these bonds. It can’t. The money has got to come from the people— and that's you! You'll be saving money for yourself, making it earn something for you and. helping your country and your fight with one stroke. Every American owes his country a debt that he can never over-pay, but every American can do a little to- ward paying by buying a Liberty Bond today. In consequence of the Russian rev- olution, the Emir of Bokhara has granted important civil reforms and liberated political prisoners. Prob- ably the only way he could get his name in the paper. Greeks of Saloniki Publicly yelling, “Down with the King!” Another royal “head who would be wise to buy himself a self- have begun fifth, $19.14 end of sixth, $23.32 end of starter! we ‘are touched, but do not falter.) and will of a great and strong ‘ia-|: to-aomebody,-and-to-that-person: what-) « beat the submarine, but wizardry is}” Ws A GILT EDGED BET, 1.0.1. TEM TU AVE KIRK KOLTS TRYOUT NDA First Giarz igh of Season for Bis- ““marele Regulars Scheduled for Tomorrow Captain Jack Oberg’s .Umpire.Chas- ers will give Kirk's Kolts-their initial eam try-out ofthe sea- son in a game called. for 3 o'clock tomorrow city diamand. .No admission fee will be charged,-but an “ if opportunity will fahs to contribute‘as. much leas {Wit penefit of the row Red Uross fund. Five: of Kirk’s’ last? Beason’s men have reported to date’. These are Peacock, backstop; Frankenhoff, first sacker; Elder, at short, and Christian- son and Goldrick, mound decorators. Pyke, a San Diego wonder whom Goldrick picked up at Denver while trying out for the Western league, is a new addition to the team, and Dahms, afternoon on the! {reid last year, and Mead, an outfield. ter who worked with. the locals for a while last spring, are expected to re- ort in a day or two, Collins, one of the strong ‘men of last year’s aggregation, is. making. good with La‘Crosse’<in the Central league, and Shanley, the 1916 ‘second- sucker, has, signed ‘a. gool contract with Denver in’the ‘Western.’ ‘Flan- nigan, who capered in, the outer field last year, can’t, be» located’ ‘Tis thought he's still chasing @ long one. ig2 WH meee A reat'ghime is prohiised:tomorrow. Oberg had ‘His Bi bras out for prac: tice this’Afternoon,-ana thoy showed regular form: ! His" fine-up: includes many old-time’ tiniversity and’ profes- sional. stars “who have ‘lost’’none ' of. their former cunning. Theteam will stack up tomo?row ag follows?: Col- Nar, c; Oberg)" i2b; Manuing)"8b; Stasek, ss: rf; Zimmermamcet; Neher, If. « Bunny Bonnel} will Coach the Trav- elers; P. H. Throdahl . will. -impire strikes and: balls;‘.afd felix: Ulnian will chase the, bases:’... Tiedman and Hanselmaii:are general utility men for the Obergers. 7...» The public is inyited.to. see:a good pxtiD IA And ioe a line on the bunch: fitdt“is ‘to at} ent the capital city-in-the great-netional game this season: .: Mae MOLY 7 4 eee! BACK FROM NORTH TRIF.— 0. .K. Olson and Chris Fossum came in yesterday from the North Soo trip, which they made a ‘la ‘Henry. oe Field, NEW USE FOR GOAT.— O.:C. Thomas of ‘Noyes Bros. & Cut- ler a-few days ago. borrowed a goat 'g; Solis,’ 1h?’ Whitlock, | territory, left last evening for Min- and cart from some little tots at New ‘Rockford and covered that city in'a most satisfactory manner. He is se- riously thinking of asking the house to furnish him with one of the rigs. é sf © TO SANISH.— “Master” Joe Healow acted as pilot for an auto party of order getters, who made the Sanish territory this week, SP tele 4 1 ees To FORT ATER oe a | igh Capt. ‘Jack’ "Obere of “the “Umpire | Chasing Tenyigggiagd 1,,\V.sMcLean, of. Murray & M@k@ann-fet out: by au- tomobile yesterday, foy; Fort Yates. Pen come GOES IN. TO FACTORY.— a B. C. Clayton, who represents the ‘National Biscuit Co..in the ‘Bismarck neapolis, where he.will:pay-one of his periodical visits to’ the factory: | | — + he ‘ MAY WAIT DRAFT.— A’ number of Bismarck travelers between the ages of 21 and ‘30, in- clusive, are debating’'the advisability of remaining’ ina day!‘or. two next week, awaiting: the president’s proc lamation, in order that they, may: reg- ister ptomptly,1'1""* fot BEST MAN; NOT GROOM.—" report that. while the North Coast Limited conductor referred to in.a recent special was the best man in the famous high-speed wedding party, another boy got the bride. The hap- py groom was Jay Dell Gleason and the bride was Miss Blanche Lowry, both prominent in Big Timber, social who held down the initial bag for Her- DOINGS OF THAT W. , -OURE GOING QN PICKE 1 “UTY TonienT AND PASS WORD 15 “BULL RUM AFTER THE FAMovs 1 OF BULL RUN— THE DUFF. ‘AS NEAR ENOUGH TO SATISFY WILBUR - TASK ’EM To. GWE The COUNTERSIGN’ By Aliman HALT! wHo Is THERE? COUNTERSIGN, Bui! RUN Aton? Aus Weur! Post NuMBER. | Satu Travelers returning from the west}: I have just received 34 N. D. re- ports, - It contains “720 pages and re- ports, 65 decisions of the supreme court. The book shows no regard for public economy and the expense of booking. and publishing the decisions, and the same is true of the reporting system. In the first case the reporter gives two and. one-half pages to a copy of his own brief, containing a multitude of cases and vainly trying to show that the Court may not rein- state an action which it has dismiss- ed. In the second case the head-note or syllabus covers three pages and the decision with the briefs covers 32 pages, and several whole pages are given to the citation of a table of cases which are promisculously thrown together and which really serve no purpose only as book pad- ding. Jt really looks as if someone had a. stand-in with the book makers or had no just sense of public econ- omy. 5 A head-note, or what they call a syllabus, of a decision should’ never cover more than. one page. Its pur- pose is to show at a glance the lead- ing. points..or topics of the decision, and not. to. duplicate the decision. The.space given to a lawyer's brief should. not exceed one page—and the decision— it should be‘a concise and lucid statement of the case and the law governing it, only that and noth- ing more, If a,judge desires to write and publish a general commentary on the law, he should do it at his 6wn expenge. The third case reported covers 19 pages, including five pages given to a.table of cases, We must try: to stop that system of reporting. ‘According to the Docket of the West Publishing company, based on a count of the average number of words ‘|in the decisions of-the several state courts, the ‘longest decisions are giv- en‘in North Dakota. That is a sorry, compliment to our Supreme Court. It shows, as ‘the fact is, that the de- cisions consist largely of mere ‘stuf: fing.in the form of quotations and citations. For a judge to say to his stenographer: Copy the complaint, this document, and this testimony, is much easier than it is for him to give a concise and terse statement of the same. Hence the long decision is no compliment. cd Vol. 237 U, S. Supreme Court Re- ports (1914), contains 750 pages and 123 decisions, which‘shows those de-| cisions are: only. about half the length of our Supreme Court decisions, though. the cases are all vastly more important;: In the.U. S. Reports there is mo head-note or syllabus ‘covering more thanione page, and-thé average length: is less than half:a page: "In the early U. S. Reports the‘ head- notes are ‘still shorter and some. of them,do not exceed three lines. Here ig a, head-note and decision ’in which the Court has not yet concurred. Rhoads;.V, National Bank and New- berry. sHead-nofe-In a, suit for: malicious prosecution ;it. ‘fs. ,well., to. remember, the terms, malice and maliciously im- Port a wish to. vex, annoy or injure another person or an intent to do a wrongful act, established either by ‘proof orptestmption of law. Good faith or fool innocence does not justt- ty a’ wrongful act. ° i ‘Robinson, J.: This is an “appeal froma judgment against the plaintiff i}{n ‘an ‘action to recover for malicious prosecution. (‘Here we omit a short statement of ‘the facts.) The defense was that. the warrant was sworn out in good faith and on the advice of the state's attorney. However, it does: not appear that the states attorney was fully advised that the mortgage debt had been reduced from $1,315 to $40.60, and that the car. across the street from the bank rday Evening Letter By Justice J, E. Robinson SATURDAY, MAY 10, 1917. was ample security for the small bal- ance, and that the car in possession of Olson at Medina was worth ten times the balance. These were mat- ters of the. utmost..importance, be- cause the security, was so ample and so accessible there was no possible reason for thinking. that Rhoads had taken his car to Iowa to defraud the bank: If the car had ‘been completely destroyed, the security would have ‘been good for ten times the sum due the bank. Hence, there was no ex- cuse for the criminal prosecution. The purpose of a mortgage and of statutes relating to chattel mortgages is to secure the payment of an hon- est debt and not to make it dangerous for a person to use his property. The automobile is made and used for rap- id transit and. for long drives, and its value would be greatly impaired if there were any danger in crossing state and county lines. - In this case there «vas ‘not a fair trial. The record shows several gross errors manifestiy prejudicial to the plaintiff. In the charge of. the Court it is said: ' : Gentlemen:, The plaintiff must- prove to-your satisfaction by a fair preponderance of evidence: (1) That a criminal prosecution was instituted against the plaintiff. (2) That the defendants in this’ac- tion instituted or procured the insti- tution of the prosecution. (3) That’ said criminal’ prosecution was terminated by an acquittal or a discharge of the plaintiff before the commencement ‘ofthe acti These ‘matters were ‘Ail ren by record evidence and weré not in dis- pute. .Hence, there was no reason for submitting them as matters in dis- pute. Then it was said by the Court: I charge that if the plaintiff is guil- ty’of the offense which was charged against him; that ‘is a complete de- omer ‘ it tH sie bt therd* On the contrary, the evidence showed clearly that there ‘never was any. reason for thinking him guffty. ‘Then Mr. Craven, the state’s attor- ney, was sworn and against objection he was permitted to answer a ques- tion concerning his ‘belief as to the probable guilt of Rhoads when the warrant was issued. His answer was: “I believed it then and I still do.” And thus the belief of the prosecut- ing attorney was thrown ' into the ‘scale against ‘Rhoads. The error was about as gross as if the judge him- self had given similar testimony. Then the Court received in evi- dence the original summons and com- plaint in this action, with a notice of. an. excessive lien claimed: by the attorneys. The only purpose of that was to prejudice the jury and the same is true of all the other testt- mony regarding one (Maloney and his checks andhis conduct. i The Court. also erred, in admitting in evidence the,made-up record. of tho justice of the peace, which was in effect that while he found the defend- ant not guilty, he thought him guilty. In a suit. for. malicious. prosecution it. was well.to remember the terms, malice and maliciously, import a wish to- vex, annoy. or injure another per- son or an intent to do a wrongful act, established either by proof or pre- sumption of law. (Comp. Laws, Sec. 10360.) Good faith or fool innocence does not justify a wrongful act. Every person is bound to abstain from injuring the person or property of another or infringing upon any of his rights. (Comp, Laws, Sec. 5,942.) 26 Cyc. Judgment reversed and neéw trial ordered. a May 3, 1917. circles, “Rev. I. G. ‘Norfleet, formerly of Big Timber, but recently removed to a charge, at Flasher, performed the ceremony in a Pullman compart- ment just as the train pulled into Livingston, Mont., and the bride and groom scurried to a southbound train, |. leaving in their wake a pack of dis: gruntled friends who had followed} them to Livingston to see the fun. The' North Coast Limited conductor attended the groom, and the bride’s sister was maid of honor. ees TRAVELERS REJOICING. — Bismarck travelers who make east- ern territory are rejoiced to ‘learn that the Midland Continental has just contracted: for a-snow-plow, weighing 85,000 pounds or thereabout.. ‘Tis a trifle out of:season, but it goes to show that the Midland’s heart is in the right, place. —_—n | MANDAN NEWS | ———_—_____---———_—_———-9 OR turns From Visit—Mrs. C. Nel- son, mother of Roadmaster C. F. Nel- son, returned home yesterday morn- ing on No. 4, after having spept two -weeks.-visiting with her son in Liv- ingston, ‘Mont. < eee Mrs. Thompson Here—Mrs. W. M. Thompson of Bismarck, formerly of Mandan, was in the city yesterday, a guest of friends. ; see N. P. Park Seeded—The seeding of the Northern. garden park was com- pleted last evening and.is one of the largest park gardens on the system. eee Saw Accidént—Mrs. William Mc- Donald of ‘Mandan was in Bismarck on. Thursday evening and saw the ter- rible accident which resulted in Miss McVey losing her life when she was caught between the couplings of two box cars. eee Daughter t!—Mrs. John K. Porter was .called to Grand Forks yesterday on account of the illness of her daugh- ter, Miss Cecile, who is a student in the university. Fatty Arbuckle in “The Butcher Boy,” a two reel comedy at the Bis- marck theater tonight. AUTOMOBILE COLLISION, George Langworthy of Seventh St. was badly bruised and jarred, but escaped with no broken..bones when an automobile crashed into the rear end of his car last evening. HORSE-STEALING RING _ SUSPECTED OM SUN «> Joseph Couture, the third suspect tobe arraigned in an alleged horse- stealing ring which has operated in the. Standing Rock reservation on ‘both sides of the state line, is on trial in the United States district court to- day on a charge of larceny. Ha: ‘Byelasb, 5 je earlier this weeK'on th ge, plead- ed guilty, as did Joseph Horncloud, ten days ago. A fourth suspect is said to be under arrest in South Da- kota. Horses have been ‘disappearing from the reservation in one state, te show up later on the other side’ of the line. Whether there exists an or- ganization remains to be proven. 'Norton Not Guilty. Charles Norton, charged — with slashing United States mail sacks at the Soo station in Bismarck, was found eet guilty by a jury yesterday. Both’ of John P. Franz’s suits against the Chicago, Milwaukee & St. Paul are now out of court, case No. 2 having been settled and withdrawn yesterday. Franz, who lost a leg at ‘Regent, came into court with two sep- arte suits and two distinct sets of attorneys, and some time was occu- pied in straightening out the law- yers’ end of the litigation. _ The case of R. A. Scott versus the Northern Pacific has been continued over to the next term: of court bv stipulation. H. W. J. Jones versus Charles E. Glasspoole, a Stark coun- ty action, was settled out of court yesterday and dismissed. Case Goes Over—Hearing on an ap- Plication from State's Attorney Mc- Curdy for an injunction against Otto Reimer, proprietor of the “Halfway” house southwest of the city, was con- tinued until next week by Judge Nuessle in district court today. CHICHESTER §. Dison» BRAND known 2s Best, Safest, Alweys' ILS