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: BISMARCK EVENING TRIBUNE SATURDAY, JANUARY 26. 1918 THE BISMARCK TRIBUNE N. D,, ' Entered at the Postoffice, Bismarck, as Second Class Matter, { ISSUED EVERY DAY GEORGE D. MANN sete a G. LOGAN PAYNE COMPANY, Special Foreign Representative. NEW YORK, Fifth Ave. Bldg.; CHICAGO, Marquette Bldg.; BOSTON, 3 Winter St.; DETROIT, Kresege Bldg.; MINNEAPOLIS, 810 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 pub- lished herein. All rights of publication of special dispatches herein are also reserved. MEMBER AUDIT BUREAU OF CIRCULATION. SUBSCRIPTION RATES PAYABLE IN ADVANCE, Daily, Morning and Sunday by Carrier, per month ....$ .7| Daily, Morning, Evening and Sunday by Carrier, Editor per month . 90 Daily, Evening only, by Carrier, per month 50 Daily, Evening and Sunday, per month . 70 Morning or Evening by Mail in North year ..... essseceone 4.00 Morning or evening by mail outside of North Dakota, one year 6.0 gunéay in Combination with Evening or Morning by mail, one year . fore THE STATE'S OLDEST NEWSPAPER. (Bstablished 1873) TOWNLEY IN ECLIPSE. The fact that a procedure so typically Townley- esque should have so promptly followed the arrival of President Townley is regarded as significant of similar assaults to come. There was little effort, even among leaguers, to excuse the action of the commit- tee on elections, Patterson of Renville fathered the bill, but he could say nothing in defense of it. The casual spectator gained the impression that its intro- duction and the action of the elections committee were a surprise to the majority of the leaguers themselves. The fact that so many league members joined enthusiastically in the applause of Rep. J. F. T, O'Connor when he made a. straight-from-the- shoulder appeal for the soldiers which could not fail to appeal to every American, would indicate they were not in sympathy with the move. For the first time since President Townley’s fam- ous tour of last June, when he did everything in his power to oppose the first liberty loan; when he eri- tieized America’s motives in entering this war, and in other ways skated close to the edge of sedition, the league has come square to face with American- ism as an issue, and the rank and file of the leaguers, as The Tribune has always insisted they would, have proven their patriotism greater than their devotion to Townley and his teachings. The possibilities of the leoguc’s living to a ripe old age of usefulness and honorable achievement is greatly advanced by the league Igislators’ repudia- tion Friday of this cowardly rear attaek on our boys at the front. It seems to have brought much nearer that day when the league will set its house in order; kick out the professional agitators and malcontents, and will proeced to render the great and patriotic service tothe state and nation which the league can so well do and which its membership has always hoped and believed would prove the ultimate aim of their organization. IT’S UP TO THEM. Industrial America is doing her part. It is now up to the weather man and the director of railroads. The weather man has certainly already provided all the winter necded. He has even omitted the / usual ‘‘January thaw.’’ If he furnishes a mild Feb- ruary, freights will move as never before, but we }? are suspicious of him in respect of this month, On last Saturday Railroad Director McAdoo ad- mitted that the transportation crisis had been but. little relieved since he took control of the railroads. We are entitled to ask why. We all can see that, no matter how much coal we save for Garfield, it will do little good unless McAdoo moves it. There are still too many passenger trains. There is still too much freighting of non-essentials. What are you going to do about it, Director McAdoo? BOLSHEVIKI AND RUMANIA Tt will be well to closely observe the affairs of Ruwnania. The Bolsheviki have threatened the arrest of her king and.are sending her ultimatums threatening to beat her up. The trouble is mainly due to Rumanian authorities arresting Austrian officers passing through her territory and to hesitation about giving Russian deserters free passage through Jassy, tem- porary capital of Rumania, and the whole affair is at a very dangerous stage. Rumania joined the Allies through honorable in- spiration, She fought loyally and suffered greatly. Will the Allies desert her if the Bolshviki forces attack her? If allied forces beat off the Bolsheviki from Rumania, will the latter turn to Austria and Germany for aid? There surely are some possibilities, down in that little corner of the Balkans, that are loaded with worry. ‘UP TO YOU, McADOO. Considering the continued opposition of Jack Frost, the coalless days made quite a dent in the coal and traffic situation, save in certain localities. Chi- cago got about 12,000 car loads of coal. St. Louis twice the normal consumption, New York enough to bunker 100 of the vessels loaded with supplies for our boys in Europe. Homes throughout the east re- ceived much more than for weeks past. So far as the experiment has gone, it furnishes ad- ditional proof, if any were needed, that the problem is not so much coal as the clearing of railroad con- gestion for better movement of coal, and this matter is clearly up to Railroad Director McAdoo. 4 When we take a close view of Mr..,;McAdoo, we find that'he is running the biggest financial job on|, earth and the biggest industrial job on ‘earth’ and also, almost daily, being grilled by some committee of investigation. This is not mentioned as an excuse for congestion in Mr. McAdoo’s railroad department but |: as a fact that may explain the slowness in relieving congestion. It goes without much chance for argument, that; every measure possible should be tried to eliminate the necessity for slosing shops, stores and offices, and| good its promises of a brief session and latter-day land, when congested, cut passenger train service to the limit. Mr, MeAdoo can do this. NO ONE SHOULD BE PERMITTED TO TRAVEL SAVE AFTER SHOWING GOOD CAUSE, Chair cars and diners should come off, redueing horsepower per passenger. All reduced rate uur sions should be forbidden. When compiling roads rin between two points, the road with the easiest grades should take the freight. For instanee the B. & O. should have what passenger business there is, while the New York Central Line should take the izht. All the operation of ‘flyers’? should be fo- cused on freight. Another thing—there should be discrimination in freights. The Pennsylvania Lines have already be- gun to refuse all freight, save food and fuel. This is, perhaps, drawing the line dangerously close but it is along the line of policy to relieve congestion and in support of thé food administration’s endeavor to put the consumer on articles not requiring the long haul. CROWNED REPUBLICS II. G, Wells, the noted English writer, has properly stirred up all the British reactionaries, especially those of the Lansdowne ilk, by a roast in the raw and presentation of what he sees as the British ‘* Main Aims” in the war. He puts his ‘‘Main Aims”’ thus: “We should insist upon Germany becoming free and demoeratic, that is to say, in effect if not in form, republican, and upon a series of national re- publics, Polish, Hungarian, Serbo-Croatian, Bulgar- jan, and the like, in Eastern Europe. .crowned re- publics it might be in some cases, but in no case too much crowned—that we should join with the neutrals in one great League of Nations, trading freely with one another, guaranteeing each other freedom, and maintaining a‘ world-wide peace and disarmament and a new reign of law for mankind. Being English, Mr. Wells has to look out for crowns. But it is doubtful if America will be inter- ested in producing a fresh crop of crowned heads, with their ‘divine rights,’ even heads ‘not too much crowned,” as. Mr. Wells puts it. ‘To the genuine democrat, there’s something obnoxious in the coup- ling of crowns and democracies together. We Am- crican democrats are yoked up, in this war, with a |half-dozen monarchs crowned by divine right of | birth or direct selection of more or less devilish diplomacy, and the establishment of more crowns is certainly not among our most cherished aims. However, we are going to have our own reaction- aries to deal with. We are not going to follow Mr. Wells’ free trade country into free trade without a free fight. But why count the chiekens before the eggs are laid for them? Germany still seems to be good at resisting what we insist upon. HIGH PRUSSIAN FINANCE. According to as reliable reports as can be secured, Prussian autocrats are going to try a little of their famous chicane upon their own folks, and we guess that it will work on folks who will stand for Prus- ian autocraey. i ; ‘iad There is ‘‘unrest’? among the plain people of Germany and so the imperial government has,agreed to reduce prices of food and pay the difference out of government funds. That is, the German will subseribe for war loans. Then the government will moneys it got frem him. Then the German gets down on his knees and worships the kind hearted government that is al- ways looking after his welfare. It looks feasible, and Prussian. TIRED OF THE MIX-UP. The war industrial board loses a strong man by the resignation of Daniel Willard and there’s no doubt but he resigns becanse of his powerlessness to accomplish anything by reason of lack of author- ity, diversity of authority and the embarrassment of red tape. Mr. Willard’s action should be a warning to con- gress and the administration. There has got to be business management in the management of the war, and business management means definite, ade- ! quate authority, with the minimum of interference. Not for long will strong business men, however high their patriotism, serve the government for $1 per year, when they find that they are powerless to do anything, save to pose as targets for unlimited cri- ticism. PUNCHING JOHN, PERSONALLY. It is evident that the author of the coalless order intended to give John Barleycorn a few personal biffs, while the biffing was good. Restaurants may operate on Mondays. but, when run in combination with a bar, the bar must be closed. Clubs may sup- ply meals, but not run bars. If meals-drinks places may keep up heat all day, it’s hard to figure ‘out saving of fuel by closing their bars. However, there may be a government in war times. All the tin-foil haloes which ever may be fitted to President Townley and his socialistic assistants never will erase from the minds of decent Americans that St. Paul peace council. Deputy Conti of the French chambers has chal- lenged two other deputies to a duel. Why isn’t a natural born fighter like that at the front challeng- ing Huns by the pair? Russia’s constituent assembly decides that Russia’s alliance with the allies is binding. Somebody has thrown a monkeywrench into your machinery, Mr. Hohenzollern. , While Trotzky is trotzkying at Brest-Litovsk, Len- ine permits the opposition to cast a majority vote in the assembly. Rotten political management. German crown prince says he wants to visit Can- vada, after the war. He’d better do his Canadian excursion in a private ‘‘tank.’’ The league has another 48 hours in which to make lower prices to him and pay the difference out of |; desire to save alcohol, which is unusually precious ae SS Se Lr) ama *, ¢ “THE WAR IS AT OUR' DOORSTEP”—PARTY ORGAN This week I can report no progre: All of the week our chief justic been absent without leave or license and our good looking young judge, the pride of the court, has peen ab-; | Sent a great part of thé time. | In the Kositzky case I now give you |a copy of my own short opinion cov- lering less than two pages. You of the! {cla read it understandingly in ten minutes. The leading decision is written by 1 judges. jteen pages and hence it is,tco long to °e published in any newspaper. It i: all strictly grammatical and well com sed. Mach sentence and paragraph | is in good consecutive marching order. |It is in no way slip-shod. However, it is too massive and weighty for the occasion. To kill an insect one should use merely a swatter and not a sledge hammer. | It is not correct to say that this d cision is given by an impro’ court. Our supreme court has no power to make or improvise another, supreme court but, when for any rea-' son one or more judges of the su- preme court declines to sit ia a ca then the other judges may call in one or more district judges to sit with them in place of the judges declining to serve. Such are the plain words of the constitution. There is nowhere any authority for improvising a court and hence there can be no improvised court. Now we hope that in the future the state auditor will be good and not any more try to set himself up as a con- stitutional lawyer, though if he ever ‘ries to save the state from anything in the form of graft or ruthless ex- penses, he may rest assured that our urt will sustain him. I wish it were his duty to keep tab on every state officer and to dock the salary of every one who does not give six hou day to his official duty. Twice The Bismarck Tribune has kindly publish- ed our bill for an act requiring every state officer to make and file a month-| ‘'y renort of his official work ‘before receiving a voucher for his monthly, salary. The making of such a report vould in no way embarrass any hon-, ast. person and it would be certain to sure more efficient public service. Some twenty years ago I was re-; ‘ained to work for a corporation clear- ing up and quieting numerous land titles. My pay was $20 a day and expenses for 300 days. The special; feature of the employment was .that at the close of each day I should give! by mail a report of tho day’s work.} The daily reporting kept me in touch with my client and it became a source | of pride and zeal. As you know, inj such a case a person would be a mean dirty thief if he tricd to get pay for an extra day ‘by making a false re-| port. When state officers are by law; required to report their daily work it, will appear equally thiefish for them to take a day's pay without giving a day’s work. State vs. Kositzky. ROBINSON, J.: (Concurring.) This is an application for a mandamus com- manding the State Auditor to givé to each judge of the Supreme Court a voucher or warrant for the regular) allowance of $500 a year to ‘ve paid; quarterly as provided by the Laws of 1907, Chapter 82. ; The statute is in’ effo Pach judge of the. Supreme Court’ shall re-/ ceive the sum! of $500 per annum for) expenses to be paid quarterly without filing any itemized statement. It is fisinen that this actets, void because it does not expressly limit ance of $500 a year to judges wards elected and sno Saturday Evening Letter By Justice J. E. Robinson | who ‘the altow- ter| act gives a definite allowance to ‘be has paid quarterly regardless of any ex- ary or pense. At four successive sessions of the legislative assembly an appropria- tion has been made for the payment of regularly paid to the judges until the commencement of the present year. Allowing for argument that the may be divided into two parts, thus: 1. Each judge of the Supreme terly. . 2 Each judge of the Supreme Court who may be hereafter elected to -office shall receive the sum of 3589 ble annually. tute is heid void so far as it relates to the judges then in office, mani ly that is no reason for holding it void as to future judges. As to them it’can never be claimed that the effect of the statute was to increase their salary or compensation during their term of office. That is self-evident. s claimed that the primary pur- pose of the act was to reinrburse the iudges for a part of their expenses and to fix and limit the amount payable without any accounting or auditing and that such an act is fodbidden by the constitution. It is true that such acts have been frequently passed and sustained. ‘However, tuis case in no way relates to the right of judge: held office when: the act was passed and on that question it is need- less for the court to express an opin- ion. As to the judges now in office, there is no ground for questioning the constitutional validity of the act. This proceeding is not in the nature of an action against the state or the state auditor. It is an application by the state to determinc'the law for the state auditor and to require him to per annum pay Now if the iCLOSE CAFES AT MIDNIGHT: SAVE FUEL AND LIGHT 3. S. Clifford of Bismarck Says Morals of.the Younger Set Would Be Helped, Too. As an important aid to the conserv- ation of heat and light and human en- argy, and as a means of improving the moral tone of our towns, and of de- priving the lawless element of night resorts, S. S. Clifford, prominent Bis- marck restaurant man, has suggested to Dr. FE. F. Ladd tuat the state legis- lature under Dr. Garfield's fuel admin- istration regulations enact a law re- quiring all restaurants, cafes. and ho- tel dining rooms to close at midnight. Mr. Clifford, who had hoped that Dr. Ladd would be interested in such a measure, and that he would recom- mend some such legislation to the as- sembly, was a visitor in the hous? chamber Friday. He estimates that this midnight closing order would save North Dakota from $1,000 to $1,500 daily in light and heat. He believes such an order would ‘be gladly wel- comed by the vast majority of cater- ers. t E A bill which will not lack for sup- port from state house staffs will be introduced today providing as a means of meeting the fast-mounting cost of living that the salaries of all officials and clerks whose posts are not fixed in the constitution be ad- vanced 20 per cent February 1. It is understood that the league approves of the measure, and that one of its house members will father the Dill. on Roughly speaking, North Dakota has between 500 and 1,009 soldiers in the service of the United States as lieu- tenants, midshipmen, sailors, artifcers, marines and in other capacities. They are scattered over Uncle Sam's hun- dreds of ‘battleships, cruisers, tor- pedo boats, sudmarine chasers, de- stroyers, revenue cutters and other vessels which go to make up his great marine war machine. Many of them, as marines, are serving in small detachments in the four quarters of the globe. To reach all of these and register their votes, it is conservative- ly estimated by a league house-mem- ber that Governor razier's election commission would have to travel 500,- 000 \miles and consume about five years’ time. |p rform a plain ministerial dut on h he has no retion. It is a tter of public right and duty re- lating to the sovereignty of the state. ‘The state auditor might put the state;in a deplorable condition were it ; Permissible for him to refuse a vouch- er to every ‘state officer for. his sal- allowance provided by law. No judge would: care to hold office if he had to receive his monthly allow. ance at the end of a suit in the dis- such allowance and the same has been trict court and an appeal to the Su- preme Court and then by a mandamus | proceeding to compel payment. In regard to the right of Justice Rob- s in gram:nar and composition can did apply to judges then in office, it insoa to sit in the case, he holds it is a matter of manifest duty and neces- sity for one of the Supreme, Court of Grand Forks and it Court now in office shall receive the Judges to sit in every case that comes It covers fif-; sum of $500 per annum, payable quar- ‘defore this court. Section 109 of the Constitution provides: that in case a Judge of the Supreme Court shall de in any way interested in a cause | brought before said court, the remain- ing judges of said court shall call one of the d ict judges to sit with them ,on the trial of said cause. The Con- | stitution does not authorize the Su- |preme .Court judges to improvise a new Supreme Court composed entirely of district judges. At least one of the | Supreme Court Justices must sit in every case. that comes before the court. The case really presents no {question of law. It is the plain minis- , terial duty of the state auditor to give each judge of the Supreme Court a ; Voucher or warrant for his quarterly , allowance accruing since January 1, | 1517, as provided by Chapter 82, Laws of 1907, and a.peremptory writ must be issued commanding him to give such voucher. (Advertisement.) Rowels clogged, sick headache, no fun is it? Why not have that happy face, red cheeks that come with good digestion? Hollister’s Rocky Moun- tain Tea makes the bowels work reg- ular, natural—makes you feel like jnew. Take it tonight. JOS. BRESLOW’S. i HOT MEALS TO CARRY HOME FOR fms Bor: New. York, Jan. 25.—Hot meals at a 5 and 10-cent neighborhood kitchen are solving a difficult domestic prob- lem for nearly a hundred wemon workers of. the Kip’s Bay section of iNew. York city . ie , ‘On their way to work in the morn- pe women ees ee pails Rdee Me) FIVE CENTS POPULAR IN GOTHAM Schoo! Children at the N eighborhood Kitchen. The kitchen {s a great boon to the many mothers in the neighberhood who work all day and then rush home to cook for husbands and children. It is: conducted under the auspices of the National Leagwe for Woman’s Service. -: \ ‘There are places provided where be eaten at the kitchen i OPEN FORUM | ———— THE DEFENSE COUNCIL. ‘ Minot, N. D., Jan. 22, 1918. | To the Editor of:The Tribune, l'ismarck, N. D. Dear Sir:— I have read in the columns of The Tribune the proposed bill to make ef- fective a State Council of Defense. i ain absolutely. and nureservedly in favor of the creation of a State Coun- cil of Defense, but can not agree with every proposed provision of the ‘bill fathered by the present Council of Defense. While nothing is said in the papers, as to salaries, I think the legislature should see to it that provision is made in any ill passed absolutely and posi- tively eliminating the question of sal- aries. This should be no salary grab affair and with some of the biggest men in the country serving without pay in the.various departments, 80 should every member of the State Coun- cil serve without remuneration, save and except a small remuneration per diem for days actually and necessar- ily away from their home city on bus- iness of the Council. They should be allowed a small sum: for office and clerical expenses for the secretary. As any person apt to be selected will have an office of his own, and such items of expense as office rent, heat, light and telephone, (except long dis- tance calls) need not be allowed. Stenographer, postage and printing will be the main expense of a secre- tary, and he need not be paid a salary. A three thousand dollar secretary is unnecessary, and if such a person is selected, he should ‘be patriotic enough, as should all the other mem- bers, to serve for nothing. If such a ill containing these fea- tures is passed, it will reduce the amount of expense money needed, which will be of great importance dur- ing pressing times such as these. I note in the propose: bill provis- ion for purchase of property, etc. What property is there that a Council of. Defense should purchase, neces- sary to afd the government to win the war and this latter is the only purpose for bringing such an organ- ization into being? There can also be many other pro- visions that are far from clear and capable of great misunilerstanding. The abuse of which might easily be made, that would. render in the end a real hindrance rather than an assist- ance to aid in winning the war, If property is to be purchased, the legislature should know what it is and make provisions necessary, so unt the meaning should be clear to all. If as above said salaries should be eliminated and expenses carved to the minimum, tep. thousand dollars should be quite sufficient, for all purposes for the year 1918, and the same amount annually thereafter. This opinion is quite prevalent around Minot. Very. Truly yours, B.:McCUTCHEON, To Prevent the Grip Colds cause Grip—LAXATIVE BRO- ‘MO QUININE Tablets remove the cause. There is only one “Eromo Qui- nine.” E. W. GROVE’S signature on box. 30c. i JUST OUT (Big New) WEST BELT OIL MAP SHOWS ALL THE OIL FIELDS OF WYOMING, COLORADO OKLAHOMA AND KANSAS. » ‘Most, Complete Map Published. Send for One i Ws Free ; J. M. GLADSTONE 623 Central Savings Bank Bldg, oa ipetner. Colo.” Poyitis 4 ; | | . . } , ‘ ’ ’ Py hw