The Bismarck Tribune Newspaper, January 24, 1918, Page 3

| | THURSDAY, JANUARY 24, 1918 . BISMARCK EVENING TRIBUNE AUDITOR LOSES - FIGHT TO HOLD JUDGES’ MONEY Provisional Supreme Court Finds Associate Justices Should Be Paid. ° SALARY AND NOT EXPENSE! Opinion Is That $500 Per Annum Was Given by Legislature as Flat Boost. State Auditor Karl Kositzky was given an opportuuity to achie are tyrdom this morning, when a mous opinion of the provisional su- preme court which sat in the judges’ expense money controversy held thai the five members of the supreme bench are entitled to $500 per annum for traveling expenses and other inc: dentals, and that a writ of mandam should issue requiring the state audi- tor to surrender to the judges the ex- pense money which has fallen due them since January 1, 1917. Each of the five members of the court now has a full $500 coming. Was ‘League Issue. The Nonpartisan league in the cam- paign of 1916 dug up the judges’ ex- pense money item and pointed to it as a graft and a gift of big business and sai dother unpleasant things about it. Thinking the league was in earn- est about all of this, State Auditor Kositzky declined to recognize vouch- ers filed for the payment of this ex- pense money. The first demand was made by Judge Robinson, the biggest leaguer of them all, and one of the three ‘Nonpartisan league candidates for the bench whom the league in holy horror had promised would not stain their hands with this filthy lucre. Kositzky continued to stand pat until the fall of 1917, when the five mem- bers of the supreme court united in a formal demand on him for their ex- pense money. The state auditor said he would go to jail before paying this money with no itemized statement showing that the expense for which the judges claimed reimbursement and had been actually incurred. The judges urged that no itemized state- ment was required by the act which gave them this salary boost, and when Karl continued to sit tight on the money-ags, they petitioned the su- preme court for a peremptory writ, haling Kositzky before a provisional court to show cause why a writ of mandamus compelling him to loosen the state’s purse strings should not is- sue. uman: Provisional Court. The action was heard by a provis- ional court consisting of Judge Cooley of Grand Forks, Judge Cole of Fargo, Judge Cof: of Jamestown, Judge Nuessle of Bismarck and Associate Justice James KE. Robinson, who de- clared himself qualified to sit in the judgment of his own -case. . Attorney General Langer very vigorously prose- cuted the claim of the supreme court judges. Kositzky, at his own expense, retained Theodore Koffel of Bismarck | as his counsel. A detailed showing of fact and evidence and law and consti- tutional authority was made by both sides, and for the last eight weeks or more, the provisional court had had the matter under consideration. ‘Robinson Concurs. Judge “Cooley wrote the opinion handed down today, and Justice Robin- gon especially concurs. The opinion adopts Attorney General Langer’s view of the situation that the, $500: annual expense item voted the supreme court justices in 1909 was simply a salary boost and was so intended; that it was not meant to cover actual travel- ing expenses incurred, ut was so worded to dodge a constitutional pro- vision prohibiting an increase in the salary of any official during the term of his office; that the $500 annual sti- pend shall be paid in the same form as any other salary allowence, on sim- ple voucher acknowledgment, and without any detailed accounting of any kind to the state auditor. Robinson Not Iregular The opinion holds that.so long as he did not constitute a quorum, his sit- ting in a case in which he was per- sonally interested did no illegalize the proceedings. The question now before the house the present time than prior to the beginning of the war. This present abnormal. cost has been taken into consideration {n establishing. maxt- mum prices for lignite at the mines in North Dakota. Persons contem- plating the development of mining properties should bear in mind the fact that it is not the intention of the fuel administration to grant special prices for coal produced in new mines —prices in excess of the government prices—merely because these opra- tions ar new, New developments should he made on such a basis that coal produced therefrom may be sold in normal times, at a profit, and sold at present at the government's price, or less.” Capt. Baker suggests that pro- ducers need not fear a loss through the slacking of lignite in their pile: as an ever-increasing market for coal in the form of slack may be anticipat- ed. WOULD DEVELOP DAKOTA LIGNITE Council Adopts Resolutions Call- ing Attention of Legisla- ture to Resource. TO RELIEVE FUEL SITUATION Consumption of Native Coal and Building Up of Industries Strongly Urged. North Dakota is called upon as a war measure to develop its one great- est natural resource—the vast lignite coal deposits within its border, in res- olutions adopted by the executive committee of the North Dakota de- fense council in session here Wednes- day. The resolutions, which were intro- duced ‘in both houses of legislature this afternoon, and of which copies will go to congress, follow: “Whereas our country in its war for the existence of popular government throughout the world is called upon to exercise every energy and resource at its command, and must above ali things avoid waste and duplication of effort, and “Whereas the state of North Dako- ta has within its borders vast and ex- traordinary resources now in the ear- ly stage of development in her lignite coal deposits which underlie much of the western half of the state tribu- tary to three great transcontinental irunk lines of railroad and the great commercial waterway—the Missouri river; and. “Whereas these recourses could be used to further the efficiency and power of the American nation in car- rying on the war by providing fuel for the smelters in the reduction of iron ore and factories for the manufacture of such agricultural and other ma- chinery as are being used in-the north west, and mills for the completion of the finished steel products tor use in the western part of the United States and laboratories for the manufacture of munitions of war, in building rail- roads, ships, bridges and other essen-) tials of the development of our coun- try to its greatest strength; there- fore “Be it resolved that the council of defense of the state of North Dakoia request the legislature of the state ot North Dakota now in session to form- ulate a memorial to congress calling the attention of congress to the above condition, and asking that our nation-} al legislature immediately take steps to use and further develop for the above purposes our great natural re- source, now jointly owned by the peo- ple, the’ state and the nation.” These resolutions are directly in line with suggestions which have been made oy. Federal Fuel Administrator I. P. Baker of Bismarck. Capt. Baker urges the wisdom of developing and utilizing our coal here in the north- west as a means of obviating tne ne- cessity of hauling eastern coal, which is needed to relieve the fuel famine in the east, hundreds of miles by lake and rail to’>e@ consumed here at a price twice or thrice as great as that of the native. cdal. As a war measure, Capt. Baker has| urged that the northwest ‘be consti- tuted a fuel district independent of| the east and middle west, in. order is whether 'Mr. Kositzky will adhere to} his originally announced intent of go- ing to jail rather than be a party to this assault on an already much be- seiged state treasury. MANY NEW COAL HINES ARE NOW BRING OPENED North Dakota Patrictically Re- sponds to the Pleas for Greater Production. : North Dakota is. patriotically res- ponding to the United States fuel administration's plea for a greater production of coal by opening doz- ens of new coal mines. Some of these are now producing; others will be in position to begin digging coal next summer. Altho North Dakota lignite mines are now producing more coal than they can sell, there is every in- dication that consumption of this na- tive fuel will be doubled or trebled next winter, and that any stock-piles which may be accumulated during the warm months will be needed. The United States fuel administra- tion announces Capt. I. P. Baker, fed- eral fuel administrator for North Da- kota, is anxious that © during the coming months the maximum produc- tion of coal mines be realized; ‘that the capacity of the mines be increased in every practicable way, and-that the normal. development of mining properties ‘be maintained anc continued. “The fuel: administration,” contin- ued Capt. Baker, “recognized the fact “phat development cost is greater at that the eastern anthricite and bitum- inous and the soft coals of the mid- dle western fields may be used.in the industries east of the Mississippi which so badly need this f:ol. Favorable action is anticipated from the legislature. Congress’ attention will once more be called to a sub- ject which is already receiving atten- tion from the national law-makers, fol- lowing a request from Secretary o* the Interior Lane for an appropriation of $100,000 to finance oxperiments with North Dakota lignite. DILATORY ALIENS MUST START OVER SAYS HIGH COURT’ First Papers Filed Prior to Sept. 27,1906, Cannot Be Basis for Citizenship. ‘One of the most important decis- ions handed down by the supreme court of the Wnited States, so far as parties that have not secured. their final citizenship papers and who en- tered their declaratory statement pri- or to Sept. 27, 1906, is concerned, is the case of United States vs. Morena, which was filed Jan. 7, 1918. In this case it is held that all parties who hold first papers: of date Sept. 27, 1906, or prior, can no longer receive their final papers. If such parties de- sire to become citizens they must take out new declaratory papers and await the statutory period for the fin- al papers. All clerks, of. courts. have been: in- struced to receive no more petitions ht! railway Vinegn the British front has ‘been commandeered for the use of the Red Cross in conveying wounded between the field dressing stations and the field THE RED CROSS EXPRESS WITH CARGO OF WOUNDED _ hospitals.” The train, with engagement. FAIR CITY D for citizenship based on papers of sf that character, This decision will at- ELLER fect a large number of persons in this state and should receive considera- tion by those coming under the rul- UNCLE SAM 70 TAKE OVER 30 PCT, OF FLOUR Demand of Allies for 75,000,000 to $0,000,000 Bushels of Wheat Is Blamed. DECREASE IN SALES NEXT Probable Manufacturers, Whole- salers and Retailers Will Be Restricted. | Washington, D. C., Jan. 24—To create a large export surplus of flour for the allies, the food administration is considering a plan of forced reduc- tion in flour sales all the way from the miller to the consumer. Millers, wholesalers, and bakers, probably will be required to hold their sales of flour down to 75 per cent of the amount now handled. As the allies’ are demanding from Underwood, } To the Editor of une: Am enclosing the following, which i think is truth stronger than fiction. “WANTS VOLUNTEERS FOR FARM WORK.” “A patriotic American woman, who has ‘provided a family of four with unstinted fresh vegetables’ during the past summer, writes to the New York Evening Post to say that food in plen- ty could be grown in this country were it not that labor is so scarce and costly. She adds: ‘If some one would make it as fashionable to volunteer for service in the United States on farms as it is to volunteer for can- the food output might be many times inultiplied. And surely a uniform and a title might go with this. service; and volunteers could even ibe some- where in the potato hills of—Amer- ica!’ “People come around begging for money for every sort of war pur- pose, even if it is only $5—the $5 that would almost pay to plough my potato field. But food is expected to grow— like Topsy; but it won’t. The Browa- ies have desertéd this wicked world, and we must work for ourselves, but unfortunately food-growing offers few excitements and notoriety, and coun- try life, except the fashionable, sport- ing kind, is somewhat despised. Will teen or ambulance duty in France,|\ 5 URGED TO GET OUT AND BOOST FOOD PRODUCTION » one not make fe shionable and patriot going to France is i “Farm women who are doing th: work are not applauded being triotic; they must belong to some triotic society vefore sue merits praise worthy of mention, “If so many ladi claiming it is ting and such healthful exercise, would wield the spade, hoe and garden rake in the back yard, planting vegetables at least for home consumption and not only planting the seeds but get out in tie hot sun with a wide brimmed hot on,! weeding and hoeing (as the farm wom-! production ‘or civilians that play goit, when you get that pale, tired feeling, as the hot weather draws nigh. You would be surprised how it will develop muscle, and make your eyes sparkle, a few freckles and sun- burn won't hurt you any. applies to auction bridge’ player What more useless game can there be than that? Certainiy no healthful exercise can be derived from that. “Cheer up and smilingly do your bit for your country: in your ‘back yarcs! all summer and our country won't, need to cry for food stuffs another year. “Yours for Patriotism, “A PATRIOTIC OBDSRVER.” i 75,000,009 to 100,000,000 more bushels of wheat, the food administration has arranged to take over thirty per cent of America’s flour production, out of which will be selected supplies for ex- port. rood administration officials believe the United States can give Europe 90,- 000,000 bushels of wheat made into flour between now and the time the new American crop comes in without endangering the American supply. CANDY SALES PROHIBITED IN ARMY CAMPS Discovery: of Further ‘‘Impuri- ties’ Results in Drastic Order Today. closest to the president, the chief executive cannot learn the truth, not because his advisers desire to mis- lead him, but because they are situ- ated in the same position as he is. Senator Chamberlain read to the senate a letter received from Presi- dent Wilson opposing creation of a minister of munitions. He said he did this to counteract.the charge that he had not been consulted regarding proposed legislation to be introduced in congress. Senator Chamberlain declared that he would show that the deaths of, hundreds of thousands of men at can: tonments and camps were due to the war department and that “all epidem- ics would have been avoided if the war department has been efficient.” “This not a question between the president and myself. It is a ques- tion of America, and every person should see that America should be saved.” “Germany knows. more about Amer? ca today than the men connected with the departments,“ he declared. “If the government would be frank wit the people, then we could rely upon é the’ péople to rally ‘to the ‘support of RUMORS OF. GROUND GLASS} the president and the prosecution of A the war.” Washington, an. 24.—Discov-| ‘ryrning to the quartermaster gen- ery of “impurities” in candy supplied} 4a) denariment he declared that from: to canteens ‘of navy ships today caus} secretary Baker's statement the cour- ed the issue-of an order suspending ,,, would believe “everything was the sale of candy to the men and also} joyely and the goose hung high as far the purchase of’ additional supplies], Giotring is concerned. pending investigation. 2 you talk to the men’ that command ‘Navy department officials were|inese poys, you tind it isn’t there,” careful not to say what the “impur-| he continued. ities’ were, but the announcement|~ «] want it shown whether I distort- immediately. caused a recurrence of}eq ihe truth when I said the military the report that: powdered glass had] sysetem had broken down.” been discovered. There is no con-| “Then placing in the record a chart firmation of this, however, and. 00) supmitted to the military comiittee cases of siclaess from eating the|}py Secretary Baker showing short- candy have been reported. ages at the camps from one to 90 in a ners 7 , Mr. Chamberlain decl: d he WILEON NOT ADVISED OF wishes the cniton to berome known to the people. U.S. MILITARY MACHINE “IT am going toa show that these hun- (Continued from page one) dreds and thousands of men dying In the cantonments are due to the war letter was necessary. I assumed that] department.” E os statement ‘was: the answer” “This information comes ‘right from “The statement of the president|the men on the ground, and they know challenges ime, of course, for proof what they are talking about. I didn’t of the statement in the New. York|inten dto do this, but in vie wof the Times, to which I adhere and repeat situation that confronts me and in- before this badv. volves my integrity I feel it is my Offers Proof duty to the company. “Now that my truthfulness has been “I am going to call attention to the questioned,” Senator Chamberlain statement of Surgeon General Gorgas But when continued, “I feel it my duty to tell that nearly all epidemics could have the country something I might nov have told it under ordinary circum- been ‘prevented if the war department had been efective.” stances. I'do it as a man who loves 7 P ‘S SAID TO BE BUSY his country Dest of all and who would SENATORS & be willing to give his life for it. I DIGGING UP DOPE ON OFFICE do it fearlessly, as an American cit-|OF THE ATTORNEY GENERAL izen. who desires to help and not to : —— hinder it.” , (Continued From Page One.) ‘He repeated he had not. distorted succeeded in ‘amending thd soldiers’ the truth in his speech made in New] moratorium bill to remove the bar York but that owing to great rush| which the measure raised in its origin- of business, due to the war, the-pres-}al form against the probating of es- ident has probably not-been able to] tates durng the absénce of interested ascertain the truth and-does not .know{ soldier heirs. + AS the. bill will be re- the truth, From the ‘lips’ of those] ported in this afternoon, it provides YY, ARE RAS SOU RTEMETO NMED ‘that with the consent of soldier heirs ithe probating of estates may proceed in their absence. Hospital Bill. The state affairs committee of the senate met this morning with mem- vers of the board of control on the emergency relief bill for the state hospital for the insane, and at noon the committee conferred with the at- torney general and State Treasurer Steen for the consideration of certain points in the measure. Would Net Fish. Senator Hamilton this afternoon will ask the senate’s permission to in- troduce a Dill granting permission during the period of the war for the use of sei or nets in extracting pickerel and suckers from the Mouse river. A petition containing a large number of signatures was submitted to Senator Hamilton this morning by Tilman Smith and others, who set forth that the stream will be better off without these cannibalistic fish, and that the suckers and pickerel will provide a valuable food resource and aid in Hooverizing. With a view of coordinating the work of the defense council Red Cross army Y. C. A. Four Minute men, Liberty Loan committee, recruiting organizations and other patriotic act- tiv the bill the following sections; .- | ‘Section 5. The Governor may of his own motion or may authorize any member on his behalf to appoint aux- iary members of the State’ Council of Defense who shall have such pow- ers as shall be delegated to them, not inconsistent with this act, but who shall have no vote nor controlling power of the acts of the said Coun- cil of Defense.” COUNTY AGENTS FOR. THREE MORE COUNTIES APPROVED BY BOARD, The state board of regents has ap- proved applications for county agents from Stark; Morton and Kidder coun- ties, advancing’ the number of .coun- ties which now have better farming e3 per with the United States agricultural e: tension. division, to more than 30. BRILLIANT SOCIAL EVENT AT THE McKENZIE: TONIGHT. ! Probably the most’ brilliant sociai event to take place during the pres», ent session of the state legislature will be the informal dancing party and buffet luncneon to be staged in the beautiful and spacious dining room of the Hotel McKenzie this evel under the direction of Cafarelli's or- chestra, of Minneapolis, which is one of the premier musical organizations of the hwest. This orchestra plays the very latest concert and dance mu- sic, and the event this evening is cer- tain to be a mo: enjoyable one. 1 24 1t Hear Cafari* ‘inneapolis orches- tra ‘at the ‘Hotei McKenzie during the Nas o’clock dinner: this evening. shown about to leave the field) dressing station after an is night only in ‘ is ¢argo of wounded, is here | | | jstimulates the skin HOSTILITIES ON WEST FRONT RESUMED TODAY (Continued From Page One.) Itakan orneial staie: ment, which » tells of small en- gagements on the right bank of the Piave and on the southeastern slopes of Mont Spinonica Unrest in Austria. | Lyidence of unrest among the peo-' ple in Austria and Germany continue ported inthe fo reach the outside world through Swi and and == Holland. News of the tri trikes and peace de mands appear to be generally known in Germany, despite the efforts of the ship to the contrary. The Aus- trians’ hope that the German worker would follow their lead, however, has not materialized, due probally to the ever powerful military party. See Wm. S. Hart at the Orpheum to: Knight of the Trail.” TOO LATE TO CLASSIFY es, the council -has written intg}* in their employ, in cooperation |= VOR SALE—Drcsser and office desk, Call Mr. Schwi 278, after 7 p. in. bakit 124 2t FOR RENT— Modern room. 621 6th! street. 1 24 Imo]! FOR RENT—Furnished room in mod- ern house. 310 7th street, or Phone 25K, 1 24 3t See Wm.'S. Hart at the Orpheum to- night only in “A Knight of the Trail.” BE SURE ¥¢ GBT YOUR yp PAGKAGH y YOU JUST RUB IT Applied Over Throat It Relieves Selds Ov 1 Night, Croup in 15 ¢ Minutes. Fifteen years ago, in a little N Carolina town, a druggist discov a process of combining the old-fa\ ioned remedies—Camphor, Turpq tine and Menthol—with certain vol tile oils such as Eucalyptus, Thym Cubes and Juniper, so that, when ap plied externally, the body heat would vaporize these ingredients. These vapors, inhaled all night long, carry the medication, with each breath, di- rect to the air passages and lungs, Today this vapor treatment, Vick’s VapoRub, is almost universally used. throughout the South in preference to internal “dosing.” It is quick in. its action, and what is more importatt, particularly to mothers with small children, it is applied externally and hence does not disturb the most deli- cate stomach. Colds are easiest treat- the beginning and VapoRwb. es the ideal preventive for the en- family. This preparation comes in salvé form and action is two fold. Bx- ternally, it is absorbed through and taking out that lightness and soreness in the chest. Internally, the vapors inhaled loosen the phlegm and open the air pass- ages. For croup or colds just rub a little over the throat and chest and cover with a warm flannel cloty. One application at bedtime prevents a Mgnt attack of croup. For very severe chest colds, tonsi- litis, bronchitis or incipient pneu- monia, hot wet towels should first be applied over the parts, to open the pores of the skin and then use Vapo- tu. For headcolds, asthmatic or ca- tarrhal troubles a little VapoRub can he rubbed up the nostrils or meltea in a spoon and the vapors inhaled. The manufacturers know that an actual trial is the best way to prave how valuable VapoRu» is in the home and they have accordingly furnished each druggist in. Bismarck with 60 f 2c s to be given away on ation of the coupon below, GOOD AT YOUR DRUGGISTS for a free package of Vick’s Vapo- Rub, as long as the free supply. lasts. Each Druggist has 60 pack- | ages, 12 of which are full size 25c¢ jars, to be given to the first’ twelve | presenting coupons. Only one sam- } ple allowed each family. : NAME ...sceeeeereretevesccesseee Address: .....c.c.cvscksocecvaueeig No. T 221. ‘ _Syrup drugs, and pleasant We can positively save you $8 to $20 on yours? Three Generations Testify. toithe Efficacy of— DR: CALDWELL’S The Perfect Laxative ‘in maintaining the family health. A combination of simple laxative herbs | with pepsin, free from opiates and narcotic | easily and naturally,restoring normal reg- “ularity.: First prescribed by Dr. Caldwell more than twenty-five years ago, it is today the indispensable family remedy in count- less homes throughout the United States. Sold in Drug Stores—50 cts. and $1.00 A trial bottle can be obtained, : Dr. W. B. Caldwell, 457 Washington St., Monticello, Iinois Overcoat or Sheep Lined Ulster. advance in price for next fall. Why not buy now and save Pepsin to the taste, it acts free of charge, by writing to * SUUNANEOOUQAUOAUNNAEUOUQUOONOUGNGODSOOUOOUSHOOSOGODOUOUOROOEOECUUREDECAOOOE tir SAVE $8 to $20 from $8 to $20 on your Suit, , There. is a tremendous Heavy Overshoes Heavy, Four-Buekle Overshoes . Heavy, One-Buckle Overshoes. ........+;+ | S.E. Bergeson & § PRUETT \eampeeraeamnmmismenncsanmess | The usual Bergeson guarantee for truthful advertising is back of this statement. a Hand Pressing —— Expert Repairing —— Dry Cleaning - Within the Law—Closed Sundays. Closed Evenings, Saturday. UUURAUUBUUUUNOUEGEOROORUGOONNGR