The Bismarck Tribune Newspaper, March 9, 1918, Page 3

v , A Pr a ! 4 qj t ¥ » > ‘ é < 1% , 5 rn A Py ~ SATURDAY, MARCH 9, 1918 LEGAL-LIGHTS DOUBT RIGHT TO INITIATE Capital Removal Opinion’ Would Not Apply HERALD RAISE SAME ISSUE Former Chief Justice Spaulding, in City Today, Declines to Commit-Self Former members. of the supreme court: and ‘constitutional. authorities generally are inclined to question the propriety of the. course which the league seems to have adopted in in- itlating the pertinent features of its famous house dill 44, as. proposed! amendments to the ‘North Dakoia con: stitution,” ‘There’ seems to be a ‘quite! genetal “belief that the decision of the supreme court.in the New Rock ford capital removal case, in which it was held that the initiative provis- sioof the initiative and: referendum act now ‘on’ North’ ‘Dakota’s ' statute ‘books is defective, in that it is not sblt-exécutive. Legislation looking to correct this defect was introduced at the. ‘yegular session of legislature | a year ago, but the proposed’ remedies did :notseem to meet tho situation, andthe ‘several bills drawn on this subject’ never. got far. Judge E. B. Goss of Minot, who as a mpmber of the supreme court wrote the capital ‘removal case, is ‘in the city: today, but The: Tribune has not ‘been able to reach him. It is under- stood, however, that he has expressed the opinion ‘that the same rule would apply to the league's initiative on the constitutional ‘amendment. Judge Burleigh F, Spalding, former chief jus- tice, is also’ here today. He. declined to commit himself on the question, de- claring it one: which must be gone in-| to thoroughly before an’opinion was fornied. '. The Legal Obstacles. Commenting editorially “upon the league's new ‘plan ‘to revise the con- stitution. The’ Grand Forks: Herald says: t “Just how the legal obstacle in the way of this procedure is to be over-} cone is ndt stated, but that there’ is a very important obstacle to be over- come is certain, as will be apparent from even a casual inspection: of the} ‘ facts. “The state constitution was amend- ed some years ago by the adoption of what is known as the initiative and. referendum amendment. That amend- ment, which is now a part; of the or- ganic law, provides first. for. the refer- ence. to the people of acts which have ‘been adopted by the legislature. That portion of the law has: been held to|, ibevalid and self-operative, and it has no bearing on the present subject. The. other main provision of the amend- ment is that permitting the initiation of conatitutionat“amendments by: the} \ people themselves on petition of not Jess'than a certain stated percentage of the voters. This portion of the law the bupreme court has held to be self- executing, and while under it the leg- islature has authority to enact sta- tutes carrying jits ‘provisons into ef- fect; the cour? has held’ that in the absence of such legislation, the pro- vision remains inoperative. “The court decision was rendered in the case involving the legality of the ‘procedure by which it was propos- ed ‘in 1916 to submit to the voters the ‘question of removing -the satte capital from Bigmarck to’ ‘New Rock- ford. : ‘Petitions: for:this: purpose were circulated and signed, and-were filed with the secretary’of state. “Applica- tion: was made to the courts for:an order restraining the secretary of A Letter From the North Dakota . Retail Merchants Association That ‘Every Merchant Should.’ Read— é . i NORTH DAKOTA | RETAIL MERCHANTS ASS'N President’s Office, Deviis Lake, N.°D. Dear, Brother Merchant: ‘The “Trade af Home” slogan which the merchants of the state Ot North Dakota ‘are now push- ing, is a-spléndid idea and will lo;8 much to head off the: Mail r buying as ‘anything 1 knbw of. iAdvertise, the fact that you have ‘goods to sell’ which are. Ys saya. to..and. better than the -.: goods the Mail Order Houses ad: yertlse and offer for sale. Uo hot/advertise ina desultory sort :. of Bpasmodic manner, but:pound ’ {eihto your prospective custom- ers every. day, every, week and year after year. ‘To get the bust results ~ “from advertising you ust keep continuously ‘at it— ever stop. ‘Quote them facts, do not give them senseless twad- dle, they get:enough of that now, ‘but show them, and quote them prices and stand by those prices ‘backed up by quality ‘merchan- dise and ‘the battle is two-thirds won. The other third, the prin- cipal part of’ the attle, is for the’ merchants themselves to set the ‘good * example;° “trade ‘at || home,”*and above all things give the home newspapers all of your || job work, ag well as the’ adver- tising. ° ‘The main ‘thing, to: re- member. is’ to’ advertise, adver. tise, advertise. Facts and figures’ ntimeter loads’ for the guns to be fired in thid'gante, Let us.become imerchants atid not. shop-kéepers. ” Let’ us ‘tise . modern “business methods’ and the fight will’ ‘be'won Yours very truly, FRED..P.. MANN, | President. state from submitting the question on the ground that the initiative amend- ment to the constituffon was not, and was not intended,-to-be-selfexecuting, vide the necessary machinery for ‘its operation. y “The supreme court sustaine)l the contentions of the applicants for the writ, The order wag issued, and the question of capital removal was not submitted to the voters. The court sus- ftdined tHe contentions of those, who held that legislation must be’ enacter| to provide for the operation! of ihe jlaw, and no further action vas possi- ble under the initiative amendment, until the legislature chose to act? “Jt was within the powers of *he} lec{elatare at its succeeding session to make proper provision for the oper- ation ef this.amendment; ‘but tion was not taken, Thereforé the status of the subject is’ just what-it was when the supreme court decision was. handed. down. nearly two years. 7g0. The only power that can change the situation until another legislative session is the supreme Court itself. Uf the petitiqns which, it is said, are sir- culated, and when signed are’ filed with the secretary of state, any citi- zen of the state can make application to the court for an order restraining the secretary fronr placing these pro posals on the ballot, and either the court as now coustituted must reverse the ruling of the court’ or'two years ago, or the provosed amendments mugt be ruled out.” ‘Thunder Bigle”: "Tidlan Wonder Forecaster Seen . | In the Northern Lighis| Fort William, On “thunder eagle,” sac among the; Ojibwa Indians as personifying the| spirt of the Mineto, supposed to have its nest-on the Sleeping Giant, 1,400 feet. above Thunder Bay, was seen de- picted in’ fire in the brilliant display of the Arora Borealis here last night. The figure of the eagle was sharply de- fined, traveling swiftly southward over the bay, accompanied by huge splash- es' of red and green: fire which. shot about it like meteors. A co-incidence was a dispatch. re- ceived here from Duluth telling of the appearance of an eagle in the Aurora Borealis there last night. The form of the Thunder Eagle was seen not only by Indians, but by scores of white peo- ple. The Ojibwas say that the Thun- der Eagle has not been seen for many years and that its appearance pro- ends wonderful happenings in the world, | | Vice Districts Near Omaha Forts Banned Omaha, Neb., Mar. 9—On request of the war department, for the benefit of soldiers'at Forts Omaha and Crook, the city council has started a crusade by enacting an ordinance to clean out vice -districts. and are interning all men and women discovered:in such re- sorts.’ Men and women found suffer- ing from social diseases are interned without bond and: willbe held until cured ae i ay 24 HOURS “Each Ca) = (un) sul bears tl name ra of counterfeits| BANNER HOUSE PHONE 231 Best moderate priced Board and’ Room ‘in'‘the State. <:"' Board and Room—-$1.25 per fF day. By week, $1.00 per day. ! SAM NICOLA, Owner and Prop, 104 Main St. > ‘but that it’ required legis'ation® *o' pry-, c:| tendent of Dic! | Goodrich, Mar. 9.—Tho} 1 TEACHERS’ FUND MAY PUT $25,000 retirement fund trustees were in sés- sion at (State Superintendent Mac- donald's office this afternoon, hav. ing as the principal subject Yor consid- eration ‘a further investment of $25 {000 0 fthe , association's trustees invested $100,000 in the sec- otic. example by bonds. chairman, M, Grand’ Forks and P: were ‘out-of-town’ memers here for the meeting. 1 of his office. Only three’applications for annuitics were considered at this session. LEGISLATORS TELL INTENT OF MOOT. LAW A petition for a rehearing in the Shaw removal case filed by Judge-E. B. Coss of M of Fargo, not, Dic row and Thompson of Mi- son of Ryder and ‘Davis of setting forth the legislative intent as they understood it when | they passed the act giving the gov: or power to! remove minor officer: d stating their convic not the intent of the | er_over city ‘commniss: cipalities having a conn of government. Minot city commission from a decision lief from ouster proceedings instituted | Sy. Governor Frazier, following Lang: | er's sensational Magic City raid, was argued in supreme court some time ‘ago,.and that tribunal sustained the lower court. once more through the supreme court to block proceedings in the ouster ‘ac- tion. “The Winding Trail” of romance, at the Orpheum tonight. TOO LATE TO CLASSIFY FOR SALE— —Barn. Inquire Logan's | store. 3.9'2t FOR SALE—Dining room set and numefodus other household articles. | Call at 112 Avenue “A” or 35th, 3.10 tf again soon. food. | As fot fiis footsteps From wandering ‘on’a High tow fis titles, Boundless fis woslf as Ww. A. PONNELUY, a Who inever to seals Rath said, This is mine owt, my native lend! Whose Reart hath neer within fim burn'd, Ifsuch there breathe. go. mark fim well ! For fiim'ho' minstre} taptures ‘swell; Despite tose titles powee and ptf? Living, ‘shell forfeit fir renown, And. doubly dying, sfiell go down To the vile dust from whicrice fe sprung, Unmept. unfionourd and unsung. os “The bey a the Last oS) — fio hath turnd foreign strand? prontd fits name, wish could dai. “MORE IN’ BONDS The North Dakota state teachers’ retirement funds inthe Third Liberty loan. The! ond Liberty loan, being the first state) boardin North Dakota to seta patri-! purchasing these| John A. Haig of Devils Lake, | Beatrice Johnstone of S. Berg, superin-| nson public schools, | John Steen, state treas-| urér, is treasurer of the ‘board and N.} C. Macdonald is a member by virtue) not today was accom- tnized symptoms of inflammation caused panied by affidavits from former leg-; “lislators such. as. (Moore and TWichell ; "care of yourself is to take a glass of | |hot water before meals and Anuric, {1 Step into a drug store and ask for a "| 0c. package of Anuric, which is many “For twerity four hours noon’ March 9. | Temperature at 7 a.m, | Tomnerature at noon . | Highest: yesterday . “Lowest. yesterday Lowest last night . | Precipitation .. | Highest wind veloci 9224] Forecast. For, North Dakota: | Unéettled to- | night and Sunday; warmer Sunday. Temperatures. Wikaton’ 2 a | church convention will be held. ' and that is S. 5. S., the reliable blood | tory, Atlanta, Ga. : St. Paul 18 = oem i Helgah 4 ae Helena .. “20 nam) ane Tis" a! “SwiftsCurrent °. Kansas City .. ORRIS Ww. ROBERTS, Msteorologist. AGreat Discovery ; . | Swollen hands, ‘ankles, fect are ‘due |to a dropsical condition, often: caused, by disordered kidneys. Naturally when’ ‘the kidneys are, deranged ‘the: blood is [filled with poisonous waste matter, which settles in the fect, ankles and wrists; or urder the eyes in mele formations. As ‘a-remedy for those easily recon iby uric ‘acid—as scalding urine, -back- | ache and frequent urination, as*Wwell as / sediment: in the urine, or if uric acid in‘ the blood has caused rheumatism, lum- | bago, sciatica, gout, it is simply wonder- | ‘ul how quickly Anuric acts; the pains’ 1 and, stiffness rapidly disappear. | The very: best Possible way to take the discovery of Dr. Pierce of Buffalo. times more potent than lithia and elimi- | | Mates uric acid as hot water melts sugar. i UTHER UNION TO | Herman L. Ekern, former insurance | commissioner of Wisconsin and now} general insurance counse) in Chicago, | writes Commissioner A, S. 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