The Bismarck Tribune Newspaper, October 13, 1917, Page 4

irae: sSMARCK JAILY RIBUNE SATURDAY, OCT. 13, 1917. a heck \ =| ISSUED _EV GEORGE D. MANN, - - - Editor) ENSLEY A. WEIR, Business Manager G. LOGAN PAYNE COMPANY, Special Foreign Representative. NEW YORK, Fifth Ave. Bldg; CHI- CAGO, Marquette Bldg.; BOSTON, 3 Winter St.; DETROIT, Kre Bldg.; MINNEAPOLIS, 810 Lumye Exchange. | MEMBER OF ASSOCIATED PRESS. The Associated Press ig 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 spectal | dsanatches herein are also reserved. | of Circulation. ; PAYALLE IN| viember Audit Bur UBSCRIPTION I AD Daily, by carrier, per month. Daily, by mail, per y : Datly, by mail in| North three months .. Daily, by mail outsid: Dakota, one yee nese G00) Daily, by mail outside of North Dakota, three months » 150 Weekly, by mail, per year oe 150 TH ATES OLDEST tablished 18’ > ——— —— WEATHER REPORT. for 24 hours ending at noon Oct. 1 ‘Temperature at 7 a. m.. ture noon, vest Precipitation .. Highest wind velocity. . Forecast for North Dakota: Unsettled tonight, with probably rain or snow in ca! portion; somewhat warmer in 6 and central portions; Sunday fair and | colder. Lowest. ‘Temperatures Fargo oe 26 Williston. Pierre .. St. Paul Winnipeg Helena . Chicago .. Swift Current Kansas City . San Francisco . ORRIS W. ROBERT: Meteorogolist. SESS oes % ” Experience is the mother of % custom.—Beecher. | ~ oo OEE EE ATTEND THE RALLY. Former Congressman Nye should be greeted by a packed house of patri- ots eager to hear the war discussed by a man whose patriotism is unques- tioned and whose information has been gained through years of service in public office. Attend the patriotic rally tonight. It will reveal to you how you can keep the home fires burning as well as serve the boys who have gone to prepare for the struggle in France. FISH OR CUT BAIT. J. L. Bell, chairman of this district for the sale of liberty bonds, has sent a written request to the land commis- sioner asking that the state invest $260,060 of the school fund in these securities. Of course this “tickler” should not nave been necessary. The state ad- ministration, if its sponsors are alert at all to the great necessities of this crisis, should have come forward im- mediately unsolicited and placed such funds as are or will be available. There are many" banks who will assist the state on the first payment until the actual cash is in the trea- sury. There are no real obstacles to the investment, except probably that the board may not want to reverse i previous action in refusing to take any of the first issue of the liberty bonds. The gift from Uncle Sam. local: committ for the federal government is a loan of $200,000 at four per cent so that some of the dollars can strengthen the arms of the North Dakota boys as they go forth to battle for the preservation of this nation. It is a small request and hardly de- atable among patriots. Drafted men at Camp Grant, Illinois, subscribed more than $2 0 in liberty bonds. There should be no quibbling over the matter. The state's duty is plain. W. J. Prater, land commissioner, one minute declares there will be no money available and the next moment} intimates that if so and so happens) there may be a few dollars to assist our boys who have left home, will- ingly and smilingly to fight our bat- tles. The administration must fish or cut| ait. Citizens of this state have had their patience sorely tried the last two or three weeks and are in no mood to put up with fresh insults that impugn their attitude toward this war in states where there is no knowledge or understanding of local conditions. Frazier has been silent too long. ‘Whether his master, Mr. Townley, has} given his consent to the loan The, Tribune knows not. But the command comes today thun- dering from a great majority of North Dekota’s 750,000 men, women and chil- dren to stand hack of the boys at the front in this matter and do it now without an IF or a BUT. The Tribune has had occasion to refer recently to the sick and tardy chool funds constitute a pure All that the E [sere of Governor Fra: | terribly misrepresented + | the to defending his loyalty and in pre: ism. | | according to Dr. Fitch. dear to the American palate. ;| not have much time to become home- sion of loyalty in this cri it we uctant confession to mité-| gate the error committed at St. Paul. | This paper has no sympathy for his{ hesitancy in all matters affecting the| great crisis, but aside from all these; joi ar considerations, ‘The Tr Jocal committee in urging favorable action upon the request for a $200,009 ion for liberty bonds. | subse) Of course, it is going to cut dowa! ing} cri | laule for bols the amount avd up poli 1 fen This is a sa fice which even a Nonpartisan admin- istration should make. States every- where are forgetting political exped ency now that the Huns and the sha- dow funs are seeking to destroy the republic. Fra henchmen inti-| s being misquoted and) ause he is “farmers | governor.” Sev league papers have devoted columr Governor mate that he ‘a paring briefs to prove his American:| It would be nearer the truth ff these apologists adinitted that Governor ri jor and his associates are daily in- dicting themselves by delaying the | performance of a duty necessary to of Ame! s arms in this the success great war., Action is what the people of the state want now. They will not ac: cept spread-eagle bromides or Mourth of July oratory in lieu of real, mate: rial co-operation. It is up to you, Governor Frazier. A JOB FOR THE RED CROSS. Dr. Albert Parker Fitch, a Red Cross inspector just back from France, made a special appeal in Washington the} other day for the boys who are to make up Pershing's armies. He pointed out that when French soldier gets leave of abs from the trenches he goes § home to his dear ones. The English Tommy is sent across the channel. But the American ‘boy can’t travel 3,000) mi He will be bound to spend his little holiday somewhere in France Naturally most of the Americans will turn toward Paris, the great ro- mantic city of dreams. And that is where the Red Cross should come in, Here is his the vision: A great building right on the Place de l’Opera in the very heart of the; liveliest section of Paris. In this build-| ing ample quarters where many men could:get a. clean bed, and enjoy smok- ing and lounging rooms. Bilt; best’ of all, there should be a big clean restaurant, something like the popular chain restaurants familiar in many American cities. In this place a specialty should be made of American dishes—corned beef hash, Boston baked beans, wheat and corn cakes with maple syrup, corn ‘bread, hot biscuit—all the things especially And right next door there should be an American candy: store where the boys could purchase the kind of sweets they are used to and where they could. imbibe endless ice cream ish off, Dr. Fitch would have the Lambs club of New York co-oper- ate with the Ped Cross, so some of thé cleveregt,actors and comedy sing: ers in the country could take turns at entertaining the boys. ks A very good program. It 1s ambi- tious. | It will cést some money. But the American Red Cro ambitious and it has the money. The soldiers in the trenches will sick. But when they dre on leave the longing for home will hit them right straight in their hungry hearts. The Fitch plan would give them a bit of America, a bit of home in the very center of Paris. They would enjoy every minute of it. They would go back to the stern business at the front refreshed both in body and in spirit. Chicago's mayor sa, men tilso| should knit... Membership in the Home Knitting league, however, is not ground for exemption. ‘The high price of turkey is worry-! ing the Thanksgiving “gobbler,” the one who “gobbles” the gobbler, but is making the days brighter for that great Ainerican bird. With the world series out of the| way Mr. Average Citizen can find| time to store the lawn mower away | in moth ‘alls and sharpen the teeth of the snow shovel. i Von Freytag-Loringhaven, big Ger- man military expert, opines that the initiative must remain with the Brit- ish. Gen. Haig thinks so, too. Von} Hindenburg's initiative seems to have | busted, anyhow. : The same man who teases his wife} about bargain sale rushes and tea! fights will stand outdoors half the| night and pay real money to sit under | a shed and watch a few homely men j spend three hours in a vain effort to} hit a leather pill. WANTED. i Young lady experienced in office! work. Permanent position. Apply S. E.-Bergeson & Son. 10 11 3t nn — THE TRIBU “Bidding for the Traitor Vote” “La Follevte bidding for the traitor vote.” Does not that statement hit the nai’ | squarely on the head and add a clinch} er to it? ° A North Dakoia farme His cyes flashed and his tee set. Not many months ago he wore a Nonpartisan League button, but he: refuses to. follow Townley in his lat est tour into the realms of pacifism and fifiy fy I This patriot farms His anc to Ai under Brit made it h were} yalty. | | 1 Oliver county, rian but came | the colonies were; They fought in| ther Revolutionary war and tfeir de | cendants offered their lives for the! preservation of the Union in i861. Discussion drifted to the St. Paul League meeting and La Follette’s ad-| dress and in the conversation, this | North Dakota farmer and former) league member summed up the whole} situation in this | “La Follette is bidding for the trait- or vote. The feeling is spreading over thy state thal Mr. Townley bas injected | issues into the league foreign to the: agrarian movement for which it was | originally established. Is he bidding for the support of the! pacifist and pro-Germans of the north?) i i i west? i La Follette does he want to draw political spoils from the for the bul- which scek to ndermine yarks of the Republic? Has he sent out his organizers into pacifist territory to rean the harve of dollars, while the spell of La Fol- lette’s performance at St. Paul still; ithrals the passive patriots and pa s of the north he headlong 1 precipitate forts of administration leaders now to father anything that savors of pa- triotism and Americanism are amus- ing in the extreme when judged ¢ ically. cooly and dispassionately in the light of what transpired during | the fi four months of this nation’s participation in the war. j It is no secret that the league Aead: | ers lined up solidly: with the -pacifists. | This criticism does not extend ‘tothe | thousands of loz * Honest” farm- | | i i 2 ym | posals to accept the terms of the | tho federal administration. } La lolletie speech still clinging to a ¢rs who compose the membership of the ieague, but to the paid lead who have had both opea and secret} communi ith 1 W. W.’s, members ors | i of the Peace Council of America, and ob La Follette. | All there associations of league lers are without authority from) the North Dakota farmer. Mr. Town-| ley met his first serious defeat when; he attempted to put over an agree-, mt between the f. W. W.’s and the They emphatically and ve- repudiated Townley’s pro- farmers. hemently | i | se leaders.:are under in jictment for treating with the enemy. Now the Grange, Equity and many r fer ieties repudiate any} tion or responsibility for the . Paul meeting. Whenever the North Dakota farmer has had the opportunity he has regis- fered 109 per ceut patriot. Can the same be said-of Tow men who Rowen et al. Mr. Townley with all the astuleness trained and géasoned dema- s to wash his hands of the} st. Paul blunder by sayin: “This is merely BIG fighting you farmers.” lis the old chestnut through all lis appeals But the farmers. Tow! att for this last mess No orth Dakota, Mi or South koia is fighting the farm- hand of e, s BUSINESS that ru going to be are ota, ers whe! niey and his pirates ied a meeting pla to breed discs itent and opposition to! Mut immediately a Yoyal cor ity in Minaevoia serves notice oa Mr Townley Una‘ th the odium of the! ME im, it will have none of him or his seeks to divert attention, confuse fvilities by ion of these issue: explaining that the oppe and dodge res It is direct who has y at ‘Mr. Townley aken the senti- my of the farmers he pretends to lead. 2 May the day on come when the, farmer meme this league re- pudiate ‘a leadership: whigh has been rendered worse than useless to them. | 8 et OR POSSIBLY .VEIREGK’S. Governor vrazier:.had ‘an opportun- ity to show, his -much: advertised loy- alty by putting a-stop-to Lafollette’s seditious speech at the St. Paul: Non- partisan league meeting recently. -As chairman ‘of the .meeting “he - could have done. so. Did he‘do it? The “Appeal to’ Reagon”’ :will. please an- swer:—Sheridan ,Post. as NOT A FARMERS’ MEETING. Prestdent Townley of. the Nonparti- san league “got in bad” Ly intimating that its September -meeting.in. St. Paul was under the combined auspices of the national grange, American Fed- eration. ‘of. Equity. The national offices of all three of these organizations have of- ficially informed us that the use of their names in‘ connection’ therewith was wholly unauthorized. Mr. Town- ley declared that the purpose of the conference was to lower the high cost of living. by inducing public opinion Labor. and. Society of - Editors : ca —y to insist upon lower. prices. tor coal, fuel and meta! He stated that no unpatriotic. seatjments.4wguld abe’ al- | lowed expressioa in, this” moVement. | The seatiment at this. gathering, as among farmers everywhere, favors still larger t on war prolits to pay.. for the war-—The Northwes mstead. : . F REPUDIATED TOO a A.C. Townley, president OM#ehe new- | est. political party, the Ronpértisan league, has disavowed sympathy with La Follette’s seditious utterances at St. Paul and disclaimed responsibility ' therefor. It is an empty disavowal and .dis- claimer. With a country full of patriots, with patriots controlling bogh brauches of congress overwhelmingly, with loyal Americans occupying the executive chairs of virtually’ all the. states of the union, why did the )Nonpartisan league overlook these and: turn to the | disloyalty in inviting the; wily Wis- | set down the proceedings of the meet- ‘wna, makes: her ‘niotion picture. debut | Ferguson is given’ a vehicle that not | “little group of wilful men”, of. the United States senate for'a speaker and present him as the star attrac- tion, If out of sympathy with La Fol-' letteism? 4 ‘Nhe fact is that this Nonpartisan league stamped itself all over with} consin agitator to appear under its au os and giving him a place on its program. It is clearly culpable, and its president, the explaining and disavowing and disclaiming Mr. Town- ley, rly the chief culprit and the most culpable. . ‘The press of St. Paul and Minne- apolis which faithfully and in detail ing at which the Wisconsin Potsdam- ite basely introduced himself» anew as an enemy of his country is a anit in saying that the Nonpartisan league gave him sympathetic attention and applauded his sentiments to the echo. Townley made not the slightest pro- test or gave the remotest sign of dis- approval. Previously,..it should be stated, a set of resolutions upholding the war had been. presented and per- functorily passed. In the face of a violent storm of na- tional wrath which reaches the ¢api- in a demand that the arch expon- ent of sedition and treason be expelled from his seat, this newest political party, the Nonpartisan league, which, lind to the nation’s crisis, has been fomenting a spirit-of discontent, cry- ing out that the government ‘under which this repudlic lives is “unrepre- sentative” and “unresponsive,” magni- fying the people's ills, picturing the mers as a downtrodden class and calling upon La Follette to bear wit- ness, would now wash ‘its hands of responsibility for its mischievous acts. Like Works and Jordan in parting company with Herrs Lochner and Ber- ger and the pro-German peace coun- cil when the riot call sounded, Town- ley cuts the acquaintance of La Fol- lette and disclaims La Folletteism. ~ Possibly the Nonpartisan league has some useful mission to perform in the olitical world, But not now, unless it elect to give its unqualified support to Uncle Sam upon a platform of un- compromising loyalty. Its activities of late have been singularly jarring and unhelpful, if not actually sedi- tious. In finally sponsoring La Fol- letteism it forfeited the patriotic re- spect of the country, whatever may happen to be its status in states rep- resented in the senate by the La Fol- lettes and Gronnas. This is ‘not a time for partisanship, ieast of all a partisanship in the name of nonpartisanship that would thrive upon cl: antagonism and offer aj} forum to sedition and treason.—By ‘Scott €. Bone in Seattle Post-Intelli- gencer. . ELSIE FERGUSON AT BISMARCK 3 THEATRE... -- At the Bismarck Theatre commenc- ing Mo y, Elsie Ferguson, the most Leautitul artist of the American dra- in “Barbery Sheep,” for Arteraft Pic- tures. One of! the most prominent exponents of the. true dramatic art, Miss Ferguson brings to the screen a rare personality and adds ‘greatly to its potency as. a. high-class amuse- ment. Miss Perguson’s career on the stage started at the bottom. Through ‘haracteristic persistency and hard work she has become one of the most pooular actresses of the world; Her characterizations in such well known theatrical hits-as “Shirley . Kays,” ‘Such-a little Queen,” “Outcast,” and “Margaret Schiller,” won’ her particu- lar prominence among, the hearts of American theatregoers. In “Barbary Sheep,’ adapted from Robert Hichens’ most popular book since “The Garden of Allah,” Miss nly is particularly adapted to her ce ities, but one that offers her a most lavishly artistic background. Under the direction of Maurice Tour- neur the well known French producer, some of the most eladvorate sets ever taged for a photoplay are presented in novel display. The romantic story of Algeria, which tells of the infatua- tion of an English noblewoman for a dark-skinned army officer, as told on be of Doom Ponte 8 wn BPE ustice J. E. Robinson | Saturday Evening Letter B Next week on Friday we commence the hearing of sixteen appeals which we should dispose of during this} month. Now having nothing else to do I am considering the records on those sixteen cases. Today in one of them I wrote a tentative opinion and mail- ed a copy to the attorneys for each | party, writing them in this.manner: “Gentlemen: It is my custom .as you. may know, to look over the briets | and records of all cases set for hear- ing. The purpose is that when a case, comes on for argument | may know} something of it and be able to heckle/ the, Jawyers who try to make long-) winded gpeeches or to pull the wool) over the‘eyes of us poor judges. “Well, according to my custom, | have gone over your briefs and re- cords in the case of Great Northern’ Express Company vs. Gulbro and have written a tentative decision, a topy of which I send to each of you. If you concur with me it may save; you a trip to Bismarck. If you dissent, it will give you my views in advance and can do you no harm. At present 1 feel entirely clear that it is right.” ‘AS you may know when a party ap- peals to the supreme court from any decision against him, he causes thej original records of the case and copies of tthe evidence to be certified and sent to the clerk of the supreme court. ‘Then each party sends to the clerk type-written or printed briefs which present his side of the case. By di rection of ‘the court the clerk puts the several cases on the court calendar for argument on a day certain and no- tifies the attorneys. After argument the judges take each case under con-" sideration and when they agree upon a decision (which they should do in two weeks) the clerk notifies the at- torneys. Then the attorney who is; not satisfied moves for a rehearing to} get back at the judges and tell them what he thinks of them. That is a| relief to his mind. It is like going | into a swearing room. Of course the, motion for a rehearing is commonly | denied and that ends the case. Last week two young lawyers ap-! peared before the court on a motion! to dismiss an appeal. The moving; lawyer a fluent speaker with plen- | ty of assurance. He came with a lot} of books and a manifest. purpose to enlighten the court. He claimed that in the specifications of error there was a fatal defect and that in such matters of procedure every lawyer should be held strictly to the rules of the game. He was quickly advised that our law practice is no longer a game and that we no longer dismiss appeals that are taken in good faith and so his motion was promptly de- nied. As every lawyer holds a certi- ficate from the supreme court that-he may safely be trusted to conduct the trial of suits and to’ appeal ‘cases, it is the duty of the court to -protect- clients against the errors and mis- takes of their lawyers. ‘It is only when judges are unjust or incompe- tent that right and justice depends on the skill of lawyers. . It is true that when the state was young the judges spent a large part of their time in gravely hearing motions to dismiss appeals and to decide cases on little technical points and often visited un- to suitors the sins or supposed errors of their counsel, But the practice was simply barvarous and we have outgrown it and we are fast out-grow- ing the barbarous delays af the law. Under the first set of rules adopt ed by our supreme court it was pro- yided that no appeal should be heard at the next succeeding term unless taken ninety days before the first day of the term, and as there were only two court terms in a year-an appeal taken eighty-nine days. before the first day of the term had no chance {a hearing for eighty-nine days and < months, and not much chance of a decision within a year after the hearing. Now every day is a term day. A case may be appealed today, brought to a hearing tomorrow and decided on the next day. We hear and decide every case instead of hear- ing a motion to advance it. Under’ the constitution the courts must be open and justice administered with- out sale, denial or delay. Hence, every business day our court is open at 9 a. m. promptly, unless when the car is late ,and each judge knows that in law ang in duty he is ‘bound to be presen ‘And every suitor knows that without the making of any sa- laams he is free to enter the court room and to present his business in a business like way. In early days our supreme court made rules that no appeals should be. heard unless on printed records and briefs filed sixty days before the first day of the term. The printing was a cause of delay and of terrible ex- pense. In some cases it cost as much as $3.00). The poor suitor had to pay dearly for a chance of obtain- ing tardy justice. The judges did not have to iear the burden and. so thev did not weep over it, Now it is all different and for that ‘all credit must be given to Jack-the Giant-Killer. Still it is the proper thing for, eac party to present a short printed brief, nuot exceeding 40 or 50 pages. In the briefs there are often 40 to 80 assign- ments of error. That is. folly. When the verdict or decision is’ well sus- tained by evidence, it is no, use talk- ing of error. In every appeal there is just one great question. Is the decision right, and if not, what is right? In the trial cases there is often a great waste of time and much need- less expense by reason of a continu- ous string of exceptions and objec- tions to every question. A witness is sworn to. tell the truth and the whole, truth and then he is prevented froin doing it by persistent objections and rulings of the court. .It-is high tithe to put a stop to that kind of prac- tice. In many cases it is mere petti- foggery and trifling with the due. ad- ministration ef justice. J. E. ROBINSON,’ Judge. Oct. 18, 1917. the scheen, it is readily felt, will achieve greater popularity than even the Look experienced. | (eee | GRAIN MARKETS | —————— MINNEAPOLIS.” | No. 3 yellow corn . 186 @188 No. 3 mixed 135 @136 Other grades corn 170) @185 ‘No. 2 W. Mont oats No. 3 white oats . Arrive . No. 3 white oats ...... Arrive ....... No. 4 white oats . Barley .. Choice Rye .... Rye to arrive Flax Flax to arrive . Old Dee. oats . New Dec. oats . New May oats oe 58%@ 59 DULTH. Oats on track 56A“G@ 58% Oats to arrive . Rye on track and arrive 178 ee ee | CATTLE MARKETS | eli Reread CHICAGO. - HOGS — Receipts, 40,000, stead: bulk, $7.25@ 18.40; light,-$16.40@18. mixed, $16.85@18.75; heavy, $16.75@ 18.70;- rough, ~$16.75@17:00;". pigs, $11.75@15.50. abi dy ft native beef steers, $7.10@17.50; west- ern steers, $6.25@14.50; stockers and feeders, $6:25@11.60; > tows and heif- ers, $5.15@1235: calves, $9.50@16,.00, SHEEP—Receipts, 2,000, weak, with wethers at’ $9.00@12.90 ‘arid lambs a’ $13.00@18.10. ” ~ ST. PAUL: © : HOS—Receipts 700;. range $16.75@ 17.25; bulk $17.00@17,10. CATTLE—Receipts, 1,650; steers, $5.00@14.25; cows and heifers $5.00@ 9.09; calves $5.50@14.50; stockers and feeders 25c to 20c lower for week; $5.00@ 10.00. SHEEP—Receipts = 15,000; $8.00@17.00; — wethers ewes $5.00@ 10.50. lambs, $7.00013.00; Resourceful Editor. We harnessed a motoreycle to the linotype when the storm knocked out Barley on track ...... Flax on track Flax to arrive. 305% @307% 305% October flax 3054A Nov. flax 304% Dec. flax 299% May flax 303 W.@ the electric power lines, and gct out the paper.—El Centro (Cal.) Press. WANTED. Young lady experienced in office work. Permanent position. Apply S. \. Bergeson & Son. 10 11 3t JIUENIN WILL Defeat is the bitterest Shall it be America or TY BONDS. America or Germany? all details free of charre. low but some one has to do it. Your answer is the dollars you invest in LIBER- Bring us your subscription. We gladly handle TheFirst National Bank BISMARCK. N.D. Ah he Bank with the Cloc Shall Germany Swallow Defeat or WE? pill in the world to swal- shall it be Germany? Which? CATTLE — Receipts;, 5,000. weak;,.: