The Bismarck Tribune Newspaper, September 15, 1917, Page 4

TRA OS as aE aK BISMARCK: ‘DAILY TRIBUNE THE TRIBUNE Entered at the Postoffice, Bismarck, N. D., as Second Class Matter. | iss VERY DAY EXCEPT SUNDAY GUBSCRIPTION RATES PAYABLE IN ADVANCE Dally, by carrier, rer imonth.... Daily, by n.ail, per year..... oe ‘Dakota, by mail mm North three months .. , by mail Dakota, one year . Daily, by mail outside of Nor Dakota, three months . Weekly, by mail, per year... G. LOGAN PAYNE COMPANY Special Foreign Representative EW YORK, Fifth Ave. Bidg.; CHICAGO, Marquette’ Bldg.; BOSTON, 8 Winter &t.; DETROI’ resge Bidg.; MINNE- APOLIS, $10 Lumber Exchange. MEMBER OF ASSOCIATED PRESS The Associated Press is exclusively entitled to the use for republication of all news credited to it or not other- wise credited in this paper and also the local news published herein. All rights of republication of special dispatches herein are also reserved. Member Audit Burcau of Circulatt PHD STATE'S OLDEST NEWSPA! (Established 1873) = WEATHER REPORT. piiebramae) For twenty-four hours ending at noon, 15. ture at 7 a. m.. ture at noon yesterday yesterday night . . 58 . 65 62 36 Lowest Lowest Precipitation Highest wind velocity Foresast: For North Dakota: Fair tonight and Sunday; slightly cooler tonight. Lowest Temperatures 56 Fargo ... Williston Grand Forks Pierre St. Paul . Winnipeg Helena Chicago . Swift Current Kansas Ci San Franc ORRIS W. ROBERTS Meteorogolist. CO ¢ Thought takes man out of * @ servitude into freedom—Emer- & WHERE GERMANY SHOULD PAY. The United States entered the war without any thought of indemnity or acquisition in any material form. But Uncle Sam should write that German bombing of American hos- pitals into his war diary and, when he comes to sit at the peace table, demand that the Teutonic brutes pay big for the deliberate, premeditated murders. And Germany will be made to pay, too, if justice at all sways the peace conference. Maine is dry—of votes ror women. WITHOUT HONOR. Judging by the experience of the United States and Argentina, nations still having German ambassadors in their midst had better arrest them on suspicion. German autocracy has no concep- tion of right, humaneness, or law in warfare and knows not what honor is in dealings with other peoples with whom it is at peace. To put down such an element is not only the necessity but also the duty of civilization, and talk of making an agreement with it is sheer drivel. There's one thing about the Maine suffrage defeat, they can’t blame it on the brewers. A NEAR BULLSEYE. There’s a near bullseye hit in the alliance for labor and democracy’s call for the socialists to give all their backing to Uncle Sam's war manage- ment. “German autocracy and militarism,” says the alliance, “constitute the last citadel of the world’s dark reaction- ary forces.” Socialism claims to aim at progress and light. German autocracy and mil itarism may not be the last citadel of darkness and reaction, but they cer tainly are the strongest. Are Ameri can socialists so wooden-headed that, , they cannot see that Germany’s tri- umph would mean their death-blow as ‘a political force? Some of the social- ists are not so dense; they’re hurry- ing out of the party. ‘Why don't the Swedish diplomats, in America to get food from Uncle Sam, cable their eatables from Argen- tine? SHINE UP OLD GLORY! Wash up the flag! The American eagle must fairly scream with wrath when his piercing eye falls upon the grimy banners which hang above many a true patri- ot’s roof. The flag is at its best when borne by marching men, or when it floats briskly from a tall standard or the highest point of a building against the blue sky. . But whatever its place, it is not at its best if it is dull with soot. Hun- dreds of.our star-spangled banners are not waving proudly at all, at the present moment. In every village, city and town, from homes and stores, factories and schools and churches, hang flags whose broad stripes and bright stars are dismally gray with smoke But to the credit of the gov-| by hampering the men who have tore ernment {be it said that the flags on oo federal buildings are usually fresh and beautiful. As a rule some careless janitor is at fault when old glory gets grimy. Therefore it is up to the owner, man- ager, trustee—to whoever has power to order the flag up—to see that its colors are kept pure red, white and blue. Whoever is loyal enough to Ya a flag surely ought to be con- scientious enough to keep it spotl And keep the flag in repair. Pate it. Rebind it. Tatters and tears are honorable only when they have been won in the service. Bunting will stand soap and water, and it doesn’t need ironing. Honor your flag by keeping it c! One man went to war because his wife didn’t wash his shirts. In the trenches he'll be happy if he can wash them himself. OUR FIGHTING CONSTITUTION. Whenever a man wants to oppose something that does not suit his own purposes, profits or fancy— especially if he be a lawyer—he wails that it violates the constitution of the United States. Behind the protecting folds of the dear old constitution all kinds of rascals, crooks and marplots have hid- den in past days. It is not surprising, now that we ie ina great war, to hear many kinds 1) opposing our stand and all tak- tuge by harking back to the con- vion, The narrow partisan fears ware violating the constitution by couterring too much power upon the president. we are smashing the constitution when we draft an army and send it to foreign soil. The pro-German yelps we are breaking the provisions of the constitution when we do not ask a drafted man whether he is willing to go out of the country's confines. These constitution idolators are to be found in the halls of congress, and in the forums, where pacifist, I. W. W., pro-German and other seditious agitators spout their platitudes. It is, therefore, refreshing to read a speech like that which Charles Evans Hughes delivered before the American Bar association, Whatever one may think of Hughes as a presi- dential candidate, there is no doubt he is an able lawyer. As a member of the United States supreme court it was his special province to scan every letter in that famous document and to ponder its meaning. But in this wartime period Hughes looks upon the constitution «ith the eyes of a loyal Americ:: « itizen who is anxious to help and »ot hinder his country in its task of onushing Germany. He looks at the document with plain, hard, common sense. He finds it is “a fighting constitu- tion” as well as a peace-time constitu- tion. He emphatically finds the fath- ers of the republic did not simply sit down and contrive “a spectacle of imposing impotency.” They dreamed of a country that would grow to great- ness and they framed a measure which would allow for every expansion and every function of a great state. They knew a nation that could not fight would be powerless to secure the blessings of liberty for posterity. So in the words of Hughes, the constitu- tion gave the power to wage war and —The power to wage war is the pow- er to wage it successfully.” Self-preservation being the first law of national life, the constitution was so drawn as to give the president and congress the broadest powers in war- time. Hughes holds that the document backs up the selective service law, gives the national authorities full power to send troops abroad, deals with treason and other seditious ef- forts, and allows for every kind of regulation of business, of food and fuel distribution—all with an eye to waging war successfully. He finds ample justification for ev- ery grant of great power to President Wilson. He has little patience with those who think the command of armed forces and the conduct of cam- vatens should be in charge of a coun- or that there should be division ! responsibility, such as is constantly urgad by those in congress who want nooping committee similar to that which was one of the greatest and gravest nuisances of Lincoln's many war-time trials. Such a speech to such an assem- blage of American lawyers was necd- ed. It cleared the air. It will put a stop to much learned twaddle both in j and out of congress. It will reassure the timid that we are not in the midst of a revolution and we are not Mexi- canizing the country. Effective conduct of a war means much power has to be centralized in the hands of a few men. They myst be men the nation can and does trust. There is no man it trusts more than { 1 patriotic and democratic president. The power lodged in his hands will placed there by illegal methods. The framers of the constitution arranged that it should be in the president's ; hands when the defense of the coun- try demanded he be commander-in- chief of the ariied forces on land and on sea. The fathers of the republic wanted the country (9 «in its wars, not to lose them. And they didn’t frame a document whose paragraphs would lend aid and comfort to the enemy carry on our battles. The narrow Iegalist fears] ¢, its patient, sober-thinking, far-secing, | not be misused and it has not been| Auspicious Hope, in thy fair gardens grow Balms for each wound, a charm for every woe. This is the song I long to sing: Now is the winter of our discontent Made glorious’ summer by the proempt- ness and efficiency of our judges, And all the clouds that lowered o'er our heads Are buried ‘neath the bosom of the deep. There can be no civic reform with- out greater efficiency in the public ser And it scems vain to hope for greater efficiency until the public and the pi demand it and make the demand manifest and emphatic. The public servants must be given to un- derstand that their time belongs to the state and when they steal their time they steal money and put them- selves on a par with money stealers, that is to say, with common thieves. General Townley and his press have the means of making the demand for efficiency urgent and insistent and of pointing the finger of publicity to all those who fail in doing their duty. Why don’t they do it? Do they hope to achieve reform by simply changing the public servants and not doing a thing to secure efficiency in the ser- vice? The purpose of these weekly letters is to throw the light of publicity on the procedure of our courts and judges so we may each and all have a greater incentive to do our duty and to make the public service as prompt and efficient as any private ice. In each weekly letter. I think it well to give the number of cases we turn off during the weck, the number on the docket and the numer submitted and undecided. During the past six weeks we have made little or no jwogress. Ye have not had a quorum of the judges. We still have on hand awaiting a decision some twenty-five cases that were ar- gued and submitted months ago. We must confess and do penance and pledge our vows for the future. We still have hope that from now on during the present year cach judge of our court will take pride in devot- ing all his time to his duties at the capitol so that by Christmas we may be right up with the work. Pleased | am that the judicial re- forms advocated in these letters have met the approval of the American Bar association i: session at Saratoga, New York. Now as soon as I can publish a book of my LETTERS, ES- SAYS and DECISIONS, it will not be necessary for any judge’to incur the expense of a trip to Saratoga. Our judges are not withou! seme excuse when they go off oa log trips and leave their work undone and when they waste the time in writing long- winded decisions. Such has been the common practice of the state. In former times the judges did not blush for shame whei tuey woK an outing for months. They did no seem to ROOT 1 STARE ADDRES DEFINES (Continued trom rage One.) termined, and the United States is at war with Germany. “The power to make such a decision is the most essential, vital and mo- mentious of all the powers of govern ment. No nation can maintain its in dependence or protect its citizens against oppression or continue to be free which does not vest the power to make that decision in some desig- nated authority, or which does not recognize the special and imperative duties of citizenship in time of war following upon such a decision law fully made. War After Waiting. “The vower in this instance was exercised not suddenly or rashly, but uuvinediy, wiler wa long delay and dis- ssion and patience under provoca- tion, after repeated diplomatic warn- ings to Germany; after preach of dip: lomatic relations with Germany, after long opportunity for reflection and dis- cussion following that notice; and after a formal and delivserate presen- tation by the president to congress of the reasons for action. “The decision was made by over- whelming majorities of both houses of congre: When such a “ecision had been made the duties—and therefore the rights—of all the people of the country immediately changed. It be- comes their duty to stop discussion upon the question and to proceed im- mediately to do everything in their power to enavsle the government of their country to succeed in the war. Must Accept Decision. “A nation which declares war and goes on discussing whether it ought to have declared war or not, is impo- tent, paralyzed, imbecile and earns the contempt of mankind and the certain- ty of humiliating defeat and subjec- tion to foreign control. A democracy which cannot accept its own decisions, made in accordance with its own laws, but must keep on endlessly discussing the question already decided, has failed in the fundamental require ments of self-government. “Lut, after the decision in favor of war, the country has ranged itself; and the only issue left for the individ- ual citizen is whether he is for or against his country. From that time on, arguments against the war in which the country is engaged is trea- son. The effect is to hinder and les- en the popular support of the gov- ernment in carrying on the war which is necessary to success. Their mani- fest purpose is to prevent action by |continuing discussion. They encour- age the enemy. They tend to intro- duce delay and irresolution into our councils. FACE COOKED WITH LIVE STEAM WHEN PLUG BLOWS OUT Sept. 15.—!rant: s cooked with live | steam when the soft plug on a trae- |tion enginc which he was operating |blew out, emitting a cloud of high Granville, > Saturday Evening Letter By Justice J. E. Robinson realize that it was a crime to steal their time for which they received good money. .They forgot their sworn duty to administer justice without de- nial or delay. Now it will be differ- ent. The American Bar association j has spoken and their voice must be heard and obeyed. They have con- demned the delays and technicalities of the judges and the writing of long winded decisions which consist main- ly of stuffing and padding. The pur- pose of every decision should be to state the facts.and: the law with the utmost simplicity? and clearness. There should be no padding or discus- sion of side -éggues or points which do not affect the merits of the case. In 1913 at the-session of the Ameri- can Bar association held at; Montreal, Canada, _Mr.: Justice Riddell of On- tario made. an, address in which he said: I find 4 some*of thée® United States there is.a great deal of oDjec- tion to the length of time a case takes to try. I havetbeén at the bar and on the bench ‘over thirty years. I never heard but one juryman ask the question as to whether he was read- ing the papers. I never saw it take more than half an hour to get a jury in a criminal case,‘ I never tried a case that took oveji™ day and a quar- ter. Our people,, gf submit to legal delays. ‘gi you an example. I was CAty of Lon- there and op- he same day don, Ontario. I ened an 4ssize co’ that in Detroit, ) ey began to get a jury in a cri case. I had tried a murder case, a man-slaughter case and two fraud cases, all with a jury of course, and without a jury I had tried seven civil cases, closed my criminal and civil list, and was home at Toronto when in Detroit they had not got six jury-men. Under. proper rules our courts can proceed with as much éfficiency and dispatch as the courts in Canada. Our judges and, lawyers will never admit that they are in any way inferior to those in Canada. Last January I submitted to the court a draft of rules to expedite and better the prac- tice which appeared to: mect with the approval of the other judges but so far we have had so much absence and so many delays that we have not adopted a single rule. And it is not uncommon to see our courts waste half a day instead of half an hour on the trial or examination of jurors or of persons called to serve as jurors. And on the trial of a case the counsel | waste half the time ky making need- less objections and exceptions which should no longer be tolerated. It should be known that courts will not try cases on objections. and excep- tions. F , We must amend the; tules so that every case will be tried on its mer- its. By the constitution this court is charged with the supervision, with supervisory control over all inferior courts. It is our sworn duty to sce} that justice is administered without denial or delay. We must do it or know the reason why. September 15th, 1917." SHOOT ALL YOU” ~ WANT SUNDAY (Continued from Page One.) 16 and Oct. 16, both inclusive. Wild geese, brant and duck.may be killed between Sept. 16 and. Dec. 1, inclu- sive. The bag limit on prairie chick- ens was reduced by the last legisla- ture to five and the limit which may be possessed at any one time to 10, while the bag limit on duck, geese ‘State Institutions to Report Con- season for shooting small game does not begin until Monday. The rulings are based both on the game statutes providing for an Open season between “the 16th day of September, and the 1st day of October,” under a holding that the word “between” as used. excludes the first day of the per- iod, and that the law prohibits gaming, racing, and other sports and amusements on Sunday. STRANGERS CALL WITH PAT HANDS IN I. W. W. . GAME; $300 IN POT! Bisbee, N. D., Sept. 15.—During the progress of an I. W. W. poker: game in the 1. A. Hendrickson’: barn,,two strangers, armed to the” teeth, quietly entered, held up 20 of the wobblies and took from: them amounts said to aggregate between two and three hundred dollars. GOES TO FARGO °°" McDonald Transfers Federal Labor Office to Gate City Fargo, N. D., Sept. 15.—S, S. Me Donald of Grand Forks, formerly pres- ident of the North Dakota Federation of Labor, and recently engaged as federal labor agent in the offices of || Commissioner of Agriculture and La- bor Hagan, has transferred his head- quarters from Bismarck to Fargo, where he is establishing offices, with the view to handling the state’s tran- sient labor supply. . BANK CALL ISSUED ditions Sentember 11 A call to state banks for their con- dition as of September 11 was issued by State Exeminer J. R. Waters to- day. “te GRAIN MARKETS | MINNEAPOLIS. No. 3 yellow ocrn 215 @217 No. 3 mixed corn 213° @215 Corn other grades. 200 @212 No. 2 white oats Mont.. 63°%@ 65% Standard white oats. Std white oats to arr No. 3 white oats..... 60% 60% No. 3 white oats to arr. @ 59% No..4 white oats. 56%@ 59% Barley ...... 118 @I13 Barley choice ..... 137 @142 RYO sees ey 182 @IS83 Pye to arr. 182) @183 Flax ..... 333, Flax to arr .. 333 Oats old Sept. 57% Oats new Sept. 58 Oats old Dec. 57% Oats new Dec... 57% Oats new May. - 60% Close 12:40 p. m. y DULUTH. Oats on trk.. wee 59M@ 605 Oats to arr .. -- 59% Rye on trk and to arr... 185 Barley on trk...... 1 @uUL : 336 Flax on trk and to arr Sept., Oct., Nov.. December ...... Close 12:20 p. m. , | CATTLE MARKETS i ST. PAUL. HOGS—Receipts f00;. steady; range $17.00@17.90; bulk $17.65@17.95. ° CATTLE—Receipts, 3,100; killers, 25c to 50c higher; steers, $5.00@ 14.50; cows and heifers $6.00@9.00; calves, $5.50@14.50; stockers and feeders, at $5.00@10.00. SHEEP—Receipts, none; steady; lambs $8.00@16.75; wethers $7.00@ 12.50; ewec $5.00 @9.75. 381 and other waterfowl was reduced to 15, and the number to be possessed at any one time to 30. None of these birds may be sold or offered for sale under a heavy penalty, and no hunting is permitted except by license. Game birds of all kinds are said to be unusually plentiful and in prime condition. The weather of the last two weeks has been particularly favor- able, rapidly advancing the new broods to maturity. MINNESOTA LESS LUCKY. St. Paul, Minn. Sept. 15.—“No hunting tomorrow as far as | am concerned.” Carlos Avery, state game and fish commissioner, today made the statement to Minnesota hunt- ers of small game. It followed a second opinion by Attorney General Smith, who has consistently ruled that the open FOUND—At capitol following dance, white Maribou trimmed scarf and ladies’ brown kid gloves. Owners may*have same on identifying prop- erty and paying for this ad. Call at Tridune. 915 tf WANTED TO RENT—Three or four furnished room for light housekeep- ing. Address 260, Tribune. 9-152 FOR (RENT — Furnished, modern rooms, 411 Ninth St. 9-15-1m wages. Phone 9-15tt WANTED—Maid. Good wages. Phone No. 457R. 9-15tf FOR A GOOD BARGAIN see the In- dian twin for sale by Ray Burman at shoe shop on Hast Broadway. tf Tribune want ads will bring results ‘sure steam, which completely en- veloped his head and shoulders. [#8 under a doctor's care. He, TheF he Bank with the Cloc [What You Escape Loss of money, loss of time, wear and tear of nerves, inconvenience—these are a few of the unde- sirable things that you guard aginst when you rent ‘ce Deposit Box in our fire and burglar proof vaults which are located on the ground floor. The annual cost is moderate—only a very small fraction of the value of the important papers or art- icles that you can thus protect. irst National BISMARCK, N.D. ONE NIGHT ONLY “SATURDAY, SEPT, 22 Joseph Riter Presents HENRIETTA CROSMAN In the comedy with the message of gaicty and kindness. “ERSTWHILE SUSAN” BY MARIAN DE FOREST Founded on Helen R. Martin’s Novel ‘‘Barnabetta’’ It’s all about tho Dutch in the funny little town of Reinhartz, Pa. Seats on Sale PRICES—50c, $1.00, $1.50, and $2 09. Thursday, September 29 at NOTE! age. Knowles & Haney. This is the most distinguished attraction of the new season and is worthy of your pztron- SITUATION IMPROVED, Minneapolis, Mifn., Sept. 15—The freight car equipment in the north. west has improved considerably, rail- road and traffic men asserted today, the equipment being as large now as at any time since the war began. William H. Brenner said that the Min- neapolis & St. Louis railroad, of which he is president, has been able to fill all its orders for cars. ‘Washington, D. C., Sept. 15—The comptroller of the currency today is- sued a call for the condition of all national banks of the United States at the close of business on Tuesday, Sept. 11. I'm glad there's such a big corn crop—says MORE 8 /. 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