The Bismarck Tribune Newspaper, December 1, 1917, Page 1

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

THIRTY-SEVENTH YEAR, NO. 286 KOSITZY HELD IN CONTEMPT BY JUDGE ROBINSON Declares State Auditor has Been Just as Guilty as Tho he At- tacked Court with Club JUSTICE DEFENDS HIS RIGHT TO TRY ACTION Heated Arguments between Bench and Bar marks Opening Rounds in Expense Item Battle “This is just as much a case of con- tempt as though Mr. Kositzky had come in here and attacked this court with a club,” said Justice J. E. Robin- son this morning in defending his right to sit as a member of the pro- visional supreme court which is hear- ing argument on an order for a writ of mnandamus compelling the state au- ditor to turn over to each of the five justices of the supreme court approxi- mately $375 which has accumulated in the $500 pér annum expense fund since the first of 1917. Although Assistant Attorney Gen- eral Brennan, representing the court, admitted there might.be some merit in the state auditor’s contention ‘that | Justice James E. Robinson, as a'party! immediately interested in the outcome of the action, was not qualified'to sit as a member of the provisional’ court, Justice Robinson: declined to concede: that there ‘even. was room for argu- ment on the question. “Each justice of the supreme court has the privilege of determining his own qualifications. I have done so inthis case; atid t sit In this. case without the least hesitancy. Only ex- treme nicety keeps <he other justices from sitting. You needn't say an other word about {t—— 1 have decided to sit and’ f will Bit Brent oa, behalf of the court, argued fh, 1907 the legislature voted thé justices ‘an additional com- pensation of $500. per annum, intend- ing that it should be an addition to their salaries, or that)té might care for expenses incidental ‘to. their services as justices and maintain their salaries unimpaired. He held that «he legisla- ture never intended that this item should be audited. by the state auditor, any more than it requires that regular salary payments be audited, and that it was expressly excepted from consti- tutional provisions covering other/ claims. Former Senator Theodore Koffell, representing State Auditor Kositzky, held that Justice Robinson was not entitled to sit in this case and that it had been so determined in the case of Linde ex rel Robinson, tried a year ‘ago before a provisional supreme court. Judge Robinson informed Attorney Koffel that he (Robinson) still main- tains that it was not proper for the supreme court to organize a provi- sional court of district judges, as it did a year ago, and that he never had recognized the acts of that provisional | court as representing the supreme court of North Dakota. Koffel quoted an opinion from Chief Justice Bruce holding that an inter. | ested justice should not sit, but Rob- inson stood pat. Helped Pass Act. Koffel advised the court that he as- sisted in the passage oi the act of 1907 awarding the justices of the su- preme court an additional $500 per year for expenses, and that the item was considered: solely in, payment of expenses, and that the items which it was to cover had been audited by the legislature before the bill was passed. He declared the item never was treat- ed as salary, and that it could not con- atitutionally have been regarded as salary, as it would have been impos- sible for the legislature to increase the compensation of the then mem- bers of the supreme court during their term of office. ‘The first quarterly payment under this act was drawn by the three jus- tices then serving 10 days after the signing of the act, which carried an emergency clause. The justices then considered the quarterly payment as reimbursing them for traveling ex: penses: already incurred, and the item cannot now be considered otherwise than as expense, else the act itself must be held unconstitutional and Avoid, contended Koffel. Counsel for the staie auditor had not completed its opening argument at noon, when adjournment was taken until 3 o'clock this afternoon, with the probability that the remainder of the day would be occupied. Justices James E. Robinson and District Judges Coffey of Jamestown, Cele of Fargo, Cooley of Grand Forks and Nuessle of Bismarck constitute the provisional court. BIG CLAIMS. ‘The German for- von Kuehlmann, is WON'T €NTER London, Dec. 1- eign secretary, Dr. quoted in a GOULD ON DUTY; HE : 18. SERGEANT NOW G3 EGET WePORAL KINGDON GOULD Kingdon Gould, millionaire selective service soldier, has been promoted to sergeant in the national army. He's N. Y. He won his promotion through his knowledge of engineering, and he- to grasp soldierly duties. | Last July Gould surprised his friends and family by his marriage to Miss artist. CONFINE WORK TO WAR BILLS Should be Laid Aside for Time Being PREPARATIONS MADE FOR OPENING OF CONGRESS Washington, Dec. 1.—President Wil- son believes congress should confine itself almost entirely at the coming session to legislation for the vigorous prosecution of the war. He is expect- ed to tell congress so in his opening address, which will be delivered in the hall of the house at 12:30 o'clock Tuesday. All arrangements were made today by the white house with Speak- er Clarke and Vice President Marshall for the joint session at that hour. The president continued at work on his address today, transcribing his notes into finished form, but the address still will be kept open until the last minute. He has asked all the cabinet members to present memoranda on possible legislation which they con- sider vitally necessary for the suc- cessful prosecution of the war, and it is expected the president will out- line their recommendations with his own, rather fully. At informal conferences among con- gressmen today the probable legisla- tive program was discussed. The usual appropriation bills, some already lation, including new bond authoriza- tions and revenue measures, and transportation and other problems are regarded constituting the new work ‘expected to continue for many months. Prohibition and woman suffrage con- stitutional amendments will be pressed early in the session. Taxation legislation, it is expected, will be deferred for several months. 1.—Footbal! exacted Chicago. Dee. > victims ‘uring the a toll of twel there were 15 deaths. FARMER HELD INSANE County Goes to Jamestown BISMARCK, NORTH GERMANS START BERLIN CLAIMS FOUR T SCANDINAVIA TO BE NEUTRAL KINCS AGREE Monarchs of Norway, Denmark and Sweden Arrive at Com- plete Understanding , EXPRESS CORDIAL RELA- TIONS BETWEEN COUNTRIES Reach Plan to Assist Each Other With Merchandise During Period of War Christiania, Friday, Nov. 30.—The kings of Norway, Denmark and Swe- den, at their conference here, says an official dispatch, reached on agree- ment on the following points: First. By reason of the harmony existing among the three countries, however long the war may last, and whatever form it may take, the cor- dial relations and mutual confidence of the three kingdoms shall be main- | tained. : Second. In conformity with the previous declarations and policies of the three countries, it is the full in- tention of their governments, each for ' : | itself, to observe the utmost degree shown hére on duty at Camp Dix, Of neutrality, toward all belligerent 4 ‘tront of ‘aout eightecn’ niiles, but’ ing’thé Hindenburg line and’ the new powers, Third. The desire is expressed re- cause he was a linguist and was quick! Ciprocally to aid one another with nierchandise during the present diffi- culties and special representatives are to meet immediately to facilitate Annette Lucci, Italian governess and, the exchange of merchandise. ‘At ihe meeting there was a discus- sion in reference to legislation dealing with the relations of foreigners and Scandinavian subjects. An agreement also was’fYeached regarding the contin- uation of preparatory measures toward safeguarding the common interests of DAKOTA,SATURDAY, DECEMBER 1, 1917 CAMA IRE AGAINST WEDGE BEFORE CAMBRA Hurl ‘Troops. Against asl Byng’s Forces in Effort to Straighten Line TEUTONS GAIN SLIGHTLY ALONG SOUTHERN FLANK Allied Supreme Council Begins its Sessions’ in. Versailles— Housé Attends TO EXACT. INDEMNITY. London, Dec. 1.—The Saxon finance minister, during the bud- get debate in the Saxon diet, ac- cording to a dispatch to the Times from Amsterdam, said that Ger- many must demand a large in- demnity without bothering which of her advers: should Pay it, adding: “Let them only. think of Amer- ica.” BY ASSOCIATE PRESS. German troops‘are mpking a strong effort to wipe out thef salient which the Pritish drove through the Hinden- burg line toward. Cambmai. Violent at- tacks have been’ hurled against Brit- ish lines from Moeavres to Gonndlieu,, 2¢ed by the British victory in smash- except near Gonnelier have been repulsed wit! Crown Prince’ Rupp proposed to» make am apaprent plan, of: dri south and cutting ‘off of a line from Moeuvr Un: tne ‘northern: flank and west of Cani.tai, the Germgn atiack ‘was: Loss of these two bases would compel crashed by artillery, au! machine gun- the Germans to retreat on the entire fire wad heavy jOsses sere inflicted: ~~ line. as Initial Gains. The long dash line shows the allied The stroke on the southern flank’ positions before the British smash. brought initial gains, the British be- The solid black line from Drocourt the Germans’ heavy losses. echt’ evidently nds with the Ing north and @ British east to Gonnelieu. encircling drive of the French against ‘Lapn, which, began when ‘he British were striking at Cambrai. Cambrai is a vital railway center for the whole German line. Five big railways converge there. Laon is the southern pivot of the German line. WIDE GERMAN RETREAT MAY BE FORCED 0 =~ SOME CROUND I Two vital German bases are men-* neutrals during and after the war. ing driven back to La Vacquerie and The desirability of co-operaiion be- to Gouzeaucourt, about one and ihree- tween the three countries was eX- quarters miles northwest and west- pressed as at previous conferences. .goythwest of Gonnelieu respectively. jin counter attacks, the Vritish .re- gained LaVacquerie and Gouzeaucourt through Queant to St. Quentin is the “unbreakable” Hindenburg line, and the dotted line shows where the Brit- ish smashed through. * Ifeut. Gen. Sir Julian Hedworth Byng, hero of the hour in Great Bri-; ~. SAYS: WILSON President Believes All Matters: HOMESTEADLR KILLED BY COAL CAS IN LONE SHACK NEAR. ROSLGLEN Extinct Two Days—Had Made Effort to Save Self in process of formation; fiscal legis-| FOOTBALL EXACTS TOL OF TWELVE 1917 season which ended with Thanks- giving day games, according ‘o reports to the Associated Press to? The number was six less than 1916 and ! ¢our less than two years ago. In 1914, Well Known Resident of Mercer Beulah, N. D., Dec. 1.—Jacob Weil, a Central news dispatch] .. 21) known farmer living near Beulah, from Amsterdam as saying it was ab-| 15. heen declared insane and commit- imagine fate with large claims. a peace conference town. Germany would enter) teq to the state hospital at James- Roseglen, N. D., Dec. 1—The body of Ludwig Hideness, aged 38, was found on the floor of his homestead shack a mile porth of Koseglen by a neighbor. Life evidently had deen ex- tinct at least two days, and indica- tions were that death was due te as- phyxiation from coal gas. It was ap parent that he had thecome aroused sufficiently to make an effort to reac’ the open, as his body was found with- in a few feet of the door BALDWIN. FARMERS’ UNION TODAY. NAMES MEN FOR CONVENTION Delegates to State and County Annual Meetings Being Sel- ected This Afternoon Baldwin, N. D., Dec. 1.—Baldwin Union No. 12, Farmers’ Educational and Co-operative union, is holding its annual meeting this afternoon. In ad- dition to the election of officers there will be named delegates to the state convention, Dec. 12, and the Burleigh county convention, Dec. 14, both to be held in Bismarck, state center for this rapidly growing organization. RETURNS TO MICHIGAN Wolverine Quits Mercer County with Fortune in Pock:t Golden Valley, N. D, Dec. 1.— H. L. Van Laneschoten, for a number of years actively here, and connected during its short life with the North Dakota mmigra tion commission, has disposed of his hoidings in this county for $21,000 aud has returned to his old home at Ionia, Mich. | NEW HEBRON LAWYER L. A. Nimmo of Youngstown, 0,! Joins Halpern Staff Hebron, N. D., Dec. 1—L. A. Nimmo, a young attorney from Youngstown, O., has become_ass PA e practice - ‘< i establis! Hebron. | Body Found After Life had Been engaged in farming} and. drove the! enemy from the’ ridge east of there. There has deen little fighting on the other fronts.’ The violent fighting on the Italian front as stopped for a moment. The (,ermans are reported to be ibuilding defenses on the east- tain’ is 55 years old. He: was the, seve.h son of the second Earl of Stafford and entered the British mili- tary service when he was 21, joining the Tenth Royal Hussars. Byng was in command of the Brit- TRIBUNE Evening Edition RNING MOVEMENT OUSAND MEN CAPTURED ‘RREIMS O he ee ish forces in Egypt when the war broke out, and he was called back for service. He had then been decorated three times for service in the Soudan expedition and in South Africa. ‘Byng was made a major general in 190% and his high qualities of leader- ship, displayed during this war, won him the lieutenant generalship he now holds. * His, wife, Mrs. Marie Evelyn Byng, is author of two well known books, “Barriers” and “Anne of the Marsh- land.” f ‘ : , Byng succeeded General Henry Al- lenby in command of the British Third | army, when Allenby was sent to Egypt . last June. ‘s He was in command of the Cana- dian corps up to the time he went to the Third army. He was put in com- mand of the Canadians in May, 1916, after his return from the Dardanelles, here he commanded the Ninth‘corps in the later stages of that ill-fated campaign. ¢ 7 The Canadians were still under Byng when they captured Vimy Ridge last spring. ern bank of the Tagliamento river, 23 miles east of the Piave, Begins Sittings Today. The allied supreme war gouncil be- gan its sittings today at Versailles. In attendance will be Premier Lloyd | George, Clemenceau, Orlando, and Col- House, and General Wilson, Foch, Ca- dorna and Bliss. The other inter-al- lied gonference delegates continue their conferences in Paris, doing their, work through committees meeting in secret sessions. M. Maklakoff, the Russian ambassador to France, wo 10 Al FARM I sits in the conference as an unoffi- ,¢ial observer, has ixeen dismissed ‘by ) the Bolsheviki government for tak- Asks Help of President, Through ing part in the meeting. Repudiates Letters. Spokesmen for the Eritish govern- ment deny that the letter written by the Marquis of Landsdowne expressed ithe views of members of the British PLAN PROPOSES SEED cabinet. Lord Lansdowne says that the letter was entirely his own. He AND FEED AT COST Washington, Dec. 1.—President A declines to discuss its opportuneness, ' saying he has nothing to add or re- traot and thai the subject is too con- 1 ¥, is troversial. The Unionist party has CisTownley oft the National snoerert condemned the lettc:. isan league has asked President Elections in Petrograd of delegates Wilson to urge upon congress an ap-| to the Constituent assembly resulted propriation of $50,000,000 for the pur- \favorably to the Bolsheviki, who gain- chase of seed and feed to be sold at jed mo han the constitution- al aeneenar etic sTpeaalar th cost to farmers of the northwest who, be about to declare its Independence. he said, are in financial straits be- ‘Ministers are meeting at Omsk and cause of the failure of crops in two a Sitrerianitleg zis beh Halse successive years. Mr. Townley told VIOLENT ATTACK. the president that the farmers in Paris, Dec. 1.—The Germans made a North Dakota, Montana, Kansas, Ne- violent attack last night on the Ver- praska and parts of Oklahoma and dun front, the war office reports. Two Mi hi h d efforts were defeated by the French, Minnesota, whom herepresented, had who after a severe engagement, held answered the country's call for more their line intact. , food by increasing their acreage this a am RS ‘year and that the failure of the en- ‘\larged crops had hit them heavily. FEDERAL AGENTS HERE ‘sstetsc cmt ne sit was a store TO STUDY FUEL SUPPL the farmers to sell their cattle. TOWNLEY SEEKS Congress, for Succor for Drouth Stricken During the conference, Mr. Townley pledged the president the allegiance of the northwestern farmers, declaring that they desired to do everything Davis P. Smelser, examiner, and G. within their power to aid the govern- O. Russell, agent, federal trade com- ment in the war. mission, are conferring today with — Before going to the white house Mr. Capt. I. P. Baker, fuel administrator Townley called on Food Administrator for North Dakota. Hoover and urged his support to re- Mr. Baker has taken hold of the fuel jie¢ measures for the northwestern problems in North Dakota in an ener- ¢armers, getic manner. There is still much work ahead of the administrator. Mr. Russell has been assigned North Da- ‘kota among other states to assist | Capt. Baker. | by Blue Lodge Men MINNESOTA MAN Garrison, N. D., Dec. 1.—Garrison | KILLED IN ACTION lodge, A. F. & A. M., has elected for —= the ensuing year the followirg offi- Ottawa, Dec. 1.—The following name cers: Worshipful master, C. Kh. Tay- esAmericans in to- Jor; senior warden, Dr. R. H. Ray; iy, Hist: junior warden, Dr. Fred Stucke; sec- By , killed in retary, Fred Gehner; treasurer, D. P GARRISON MASONS ELECT Officers Named for Ensuing Year ‘ty bonds. INDIAN WOMEN (OVAL BOND BUYERS RIPORTS WISS LL. SATTERLUND Fifty Four Members of the Fair Sex on Berthold Reservation Invested Elbowoods, N. D., Dec. 1.—The re port of Miss Lulu |. Satterlund, chair- man of the McLean county women's committee on the second liverty loan shows that 54 Indian women of the Berthold reservation purchased liber- The total number of wom: an buyers in the county was 164 Berthold purchasers included Alice, Olive and Winnie Eagle, Delia, eona and Bertha Bear, and Pink, Frances and Ellen Wolf. PARSHALL REAL CII; FIRST ELECTION SETS EYANPLE IN HARMONY Mayor 8. J. Hurst and Entire City Ticket Named Without Opposition Parshall, N. D., Dec. 1.—Parshall's first city election passed off quietly and harmoniously, there being elected without opposition the following city ticket: Mayor, S. J. Hurst, aldermen, Fred H. Hankins, C. A. Pierce, C. Trangedah! and C. P. Kjelstrup; treas- urer, N. O. Sanden; police magistrate, Thomas Cooper justice of the peace, 3H. L. Lokensgard. REE ENJOYS BOOM South Dakotans Plan Number of New Business Buildings Ree, N. D., Dec. 1—Ree is enjoy- ; ing a genuine boom. Although with- lout rail communication with the out- side world, Ree enjoys an excellent river commerce on the Missouri; is on the proposed Great Northern cut- off, and has prospects, which. have brought here South Dakota capitalists and business men who have purchased 10 acres of land in the heart of the village on which they will erect a bank building and a store next. spring, with the promise of other business structures. to follow. Ba 4. BRITISH LOSE CAMBRAI ZONE Quick Maneuver on Part of Hind- enburg Causes Allies Some Discomfort FEW SCATTERED TROOPS ARE TAKEN BY ENEMY Fighting is Continuing with En- tente in Fierce Counter Attacks CLAIM VICTORY. Berlin, Dec. 1.—THe Germans yesterday captured 4,000 British ani several batteries in the C: brai region, the war office an- nounces. British Headquarters in, France, Dec. 1—In their operations in the Camhbrai region yesterday, the Ger- mans began a turning movemeni, but the British were able to pull ‘back most of their troops and guns at tha first attack, and save them from be- ing caught. The British blew up a ceriain number of guns, So far as could be ascertained this morning, no British guns were cap- tured by the Germans. The German casualties yesterday were exceedingly. large: The’ british probaly lost ;a considerable number of men. i : i An ‘Uncomfortabl a) There 18 no concealing ie fact that’ the enemy gave the British'an.uncom- fortable hour or two ’yesterday,. bat the situation is not. one to cause par- ticular uneasiness. d y Some scattered British in the front line may have fallen into the hands of the Germans, but most of the troops are reported to have been witadrttw safely. Some ground has béen lost, bye unless unforeseen events arise, the German planes have bee» frustrated ‘with thelr inflicting of sertois losses on them. Fighting is still The ter 1 proceeding. today. Brilish are continuing théir coun- attacks. hi TROTAAY DSHISSiS: AMBASSADOR TO FRARGE Petrograd, Nov. 30.—M. Maklakoff, the Russian ambassador to France, | has been declared dismissed from his post by Leon Trotzky, the Bolsheviki commissary for foreign affairs. This action was taken because of the am- bassador’s participation in the inter- allied conference, which is considered a state offense, entailing a heavy pen- alty. Ambassador Maklokoff, who was ap- pointed by the Kerensky government, arrived in Paris on Nov. 7, but up to this time has not presented his let- ters to the French government, as he has been waiting to see what bap- pens in Russia. He sits in the inter- allied conference by special invita- ‘tion and as an unofficial observer. | M. Maklakoff, in interviews during ; the last month, has expressed his op- position to the Bolsheviki. On Nov. 26 he predicted the fall of the Maxa- ' milists within a short time. KILLED WIFE, NOW SEEKS PARDON FROM TEN YEAR SENTENCE | Penitentiary Inmate Fired Shot ! Into Barrel where Helpmeet Was Hiding ‘Minot, N. D., bev. 1.—John Steff, who fired into a barrel in which bis wife had taken refuge, killing ber and then claimed at his trial that hé didn’t know the barrel was occupied, is seeking a pardon. He is serving @ ten years’ sentence at the state pen- itentiary. | BALL FOR RED CRO8S Firemen of Garrison to.-Donate Funds to Good Cause Garrison, N. D., Dec. 1.—The annual ball of the Garrison fire department j will tbe given a. week from tonigtt, and the proceeds will be contributed to the Mcl.ean county Red Cross chap- ter. Butlet Hotes Still There. ve The old Buckman Tavern in Loxt age ton has much the appearance. it: bad when it was the rallying place ofthe Minute Men and the “shot heard ruuad the world” was fired many yenrs. 220, One-may to this day see in It bullet holes made by the British soldieta who were fired upon from this tav- ’

Other pages from this issue: