The Bismarck Tribune Newspaper, July 20, 1918, Page 4

4 Joncthraughiduty: ign Representat: tative’ NEw YoRK Fifth Ave Blig CHICAGO, Marquette Bid; : it; DETROIT, Kresege|as the picture of his highest and. most ‘sacred BOSTON, 8 Winter St.; DETR MINNEAPOLIS, 810 Lumber Exchange. MEMBER OF ASSOCIATED PRESS) The Asnociated Press is exclusively entitled to the use . ter republication of all news credi credited in this paper and also the reserved. ‘RB AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE by carrier per yea! $6, Daily ty miei per aris ly by mail per year A ts th rth Dal Daily ‘by mail ont OBSCRIPTION RATE! by mail bi North Dakota) One‘ year by mai Six months by, Three months b: Fo Out: le of North Dakota) One-year . Bix months: . Three months . oe oer Three months . Qe month... -o0scveeeeessnete enna THE ITATE’S OLDEST NEWSPAPER. i“ (Established 1873) iad o WHEN TO RE-TIRE The war has now reached the stage where it is altering the program of business.” Business City Carrier Service” un \ is not “as usual.” Tire manufacturers are unable today to fill their orders for, pneumatic tires. Every thought and effort must be centered on one, point—WIN THE WAR. “Uncle Sam must-have rubber for automobile, airplane and truck tires. Gas masks and other lines must be considered more important than au- tomobile tires for pleasure riding. | Tire conservation is now a.patriotic duty. ” No tire should be “junked” until it has delivered all the mileage built into it. Many userseiscard tires that could be repaired and ‘give roaty hun- dred miles more service. Every automobile owner atioald conserve ae) preserve tires in the same patriotic manner as he} buys Liberty Bonds, War ‘Savings Stamps or fol-|y lowa:the suggestions for:food conservatitin a as out- linéd by Hoover.’ : ae daay New. name. ‘fora cat—Hindy. markable Hun commander with’ ni Nothing can be gained now cs terms... ‘Germany is still’ arrogant ,and_ ii Her rulers have,not. grasped the spirit of the war én autocracy. They won’t see it. .They will have to feel .it. It ‘will have to be shot into them’ ey allied: guns.’ ° ‘The allies have accepted America’ 3 unselfish ¥ war aims as arinounced ’ by” President “Wilson: His Fourth. of July. address to: the. world. at; Washing- ton’s tomb expresses the spirit of America. There can be no compromise between that spirit and-Prussianism. They are as far apart as the poles. Diplomats can’t. sit around a table and shake diplomatic dice for world stakes, All the world knows what we are fighting for. The war must go on until we have won’ALL that we are fighting for—which, in‘essence, is the right of.all the people everywhere on earth. to the right of life, liberty and the pursuit of happiness, un- molested by any two-legged men who claim to rule their fellows by divine right. f Until the German kaiser understands that—un- til it is pounded into him and all his family ‘and all’ his associates and ‘all ‘other autocrats.every- where, nothing can be gained by discussing terms of peace. On with the war. and everlastingly licked. Kaiserism must be eternally Von Hindenburg couldn’t agree with the kaiser. Satan doesn’t seem to like him either, judging by the number of times he’s come back. ‘a THE DOCTORS : Every physician today is a potential army dée- tor.: ; Every physician téday should give thought. to what: that changed life would demand of him. In daily existence, of all professions the medi- cal should be the most. whole-heartedly unselfish. In the military medical corps, this altruism must’ be carried beyond the point of -selfishness. Sacrifice, there, sweeps aside ethics, precedents, customs and practices of the profession. ~ None of the luxuries and conveniences of. priv- ate office attend upon the physician who attends upon the:soldier in the dressing station just be-| hind the: lines. Gone isthe grandeur of limodsihe. ganpalace. In ita place the danger and horror of enemy gas attack; . 4, “No; ‘pandering to the fancied ills, é “moneyed folks. “Instead, the army doctor, ‘dresses wounds of ‘such terrible nature as to call for his utmost stamina, self-control and his highest powers of surgical skill in medicine. -It,ista:glorious thing to save a life. But it is possible 1 for one life to be more precious than another, then the life of a soldier stands sacredly supreme. a ¥ Only. one American doctor has thus far: been found directly responsible for a soldier's death. -This man is. now ee @ I2-nioitt ited to it or not other- local news .pub- herein. All: rights at publication of special dispatches herein ore a of publication of special dispatches herein years, his incarceration could never blot: out crime or restore the life it cost... now, before Uncle Sam calls, to place the soldier’s recovery, the restoration of health and strength to the fighting man, ‘in the gallery of his soul service to mankind and posterity. x MUST WORK South Dakota youth was found to be the most perfect for military service. Figures in the war department show that more than 80 per cent of the young men examined under the selective serv- ice draft were found in good physical condition. Now ’South Dakota isn’t going to have the stay- at-homes loafing on the job. A “work or fight” law. has’ been, passed which will put an end to loafing effectually, the age limits being 18 to 61. This: law also definitely determines. between essential and unesgential work, the first results being that all pool rooms in South Dakota will be forced to close their: doors, as: spotting balls on a green table is not. regarded as essential. If there is anything less essential than a pro- fessional pool shark, we don’t know what. it. is, and South Dakota’s action may be a precedent for other states in taking care of their lounge lizards and other ornamental males. When the Hun isn’t. executing military move- ments, he’s busy executing Finnish women and boys. : ‘ : oh oye No nation talks of peace, uses explosive ma- chine gun bullets at the same Hime; 3 and expects to be taken seriously. i ty WITH’ THE EDITORS WISDOM FROM UNCLE JOE The current number of the Saturday. Evening Post contains an interview with Uncle Joe Can- non in which the veteran congressman gives some reminiscences of civil war times, with pertinent. comment on the conditions of today. Mr. Cannon} Humanity summons every doctor. ‘to resol ve. -tnorth. was full of people: “la Jarge number of-its own people. phases of ‘life. which. were. cl war. -He-was especially fami tions of disloyalty which. were com called on:to undertake ‘the proseca' persons who.were engaged in distoy: Mr. ‘Cannon tells of the difficulties: under which in labored. The south was in arms,’ ‘and the ho either. ay pathized | me with the’ south or who wer opposed to ‘the’ war lon general:principles. And, in comparing the con: ditions now with the conditions then andiin other, wars, Mr, Cannon makes. the point that now, for the first: time in. its. history, the United’ States is engaged in a great war without the ‘existenc open, active and avowed opposition on the part of tade of the fact that ,in the revoluti the colonial authorities had to. contend. w loyalists; that a large element'‘of the population | Son was avowedly opposed to the, the Mexican war was similarly opposed; and that during the civil war opposition to the course of the government was vigorous and outspoken, in and out of congress, and Lincoln was denounced by extreme republicans for not, moving fast enough, and by extreme democrats. for moving at all. One cannot read the story of: those days, told by. a man who participated in the events without being impressed by the unanimity of feeling. that ‘e exists now, compared with the rank and open disloyalty that was freely exhibited: by thousands of people in the north at that time. ° It is true ‘that there are now among us persons who are disloyal, and that seditious speeches: have been, made, and obstacles have been placed in ‘the way’ of the government. © But, after all, these things exist, in most cases, under some sort of cloak, and even those who make seditious speeches, which must be public, are:usu- ally careful to maintain some appearance’ of loy- alty, and to convey their méaning largely. by, hint}, and inuendo rather than by. direct statement, Dur- ing the civil war there were in progress. in every. section treasonable activities, ‘cofiducted: in the most open’ manner, »which. it ‘would: be. ‘impossi- ble to parallel- today. In the light of the experience whieh: his years of life and service ‘aye rought: ; Cannon writes : “It is probably just’as well for. the country a Lincoln refused to take ‘as, seriously, ‘as, some of ers, myself included, the conspitacies i and the ects of sedition of his time. ‘Who knows? * .* * Thave seen some of the conflicts that have raged over our own nationality, and I have} ‘seen: the union of the American people into a composite’body to meet a foreign foe. I have lived to ‘see the south enroll. black men as soldiers clothed in the uniform of the nation’s defenders, and I have read of France and: England bestow: ing medals of honor on these descendant: of fidelity in fighting. for the white men in Europe. No;' ithe: ee of the'chfome:éases that were argueu Should, BO. As? A: of August. e al we até: ee argument. boy mest in. conference: and consider ‘ in out ata that’our old ’ Mention jis}, - opinions ona question of general in- ople.-hava:-come mater apne ‘of 1812; that late — 40. a. dee mith sist that the. ‘signer is bound by the small~ print,’ thos nothing of it. "A vali contract ‘cannot be made 6 hanha- Rettke; appeals from a judg- man » madevakainst her.on.a covenant ’s.Pilgtim “when:-he: fell’ into f: Despair. The,reason is ‘Judicial brethren, yiare nowhere: to be found. Herre. ike: 4itwe . progress: in “disposing ind. to retufn- with ¢ every case before neing:: hearing of argu- ‘on Saphetbher“ 10,1918. Then ig 'to-adopt the Minnesota | © 1. eyshorter arguments in |‘enant casera “day, and after is tadically ‘wrong wonder?'¥ ity. fmuch, why? the i inged: it long ago, double the: work ne’ of my. own advance nd: importance. -.Too “many ne judges. By deception they obtain mortgage or ryThe defendant, Jo- je Priest ‘was pact due promis- HEX, THERES! ARG You ue [TRYING "XO EMPTY THAT £ THE SUGAR, “SATURDAY EVENING LETTER By Justice J. E. ‘Robinson July 19,. 1918, This week I feel “thee sory notes made by William ‘Rettke to Dittus Brothers for $200 and interest at 12-per cent, and $300 and interest . | at 12 per cent. ed August 17, 1911. ject to mortgages for $1,000, $500 and $300 and interest, on NW quarter of: 34-143-88. This was the homestead ‘been -decided: a year |.of appellant ‘and her husband. The mortgage contains a description of the purpose to take a! promissory notes, and, in small five or vacation’ during tte first two.,weeks six. point letters, a covenant “to pay going to work’ in | the sum_of money above specified at the: time and ‘in the manner above The covenant is one of twenty-one lines in the small type. \-The defénses’ of-appellant are: ~ That‘ her signature to the cov- obtained “without her knowledge by’ artes, and falee Tep- | 53791) specified” was resentations. pan “phil it is’ fresh |~; 2. That.she received-no *donsider- egin to realize | atidn for the covenant. As the -record shows when. appel- lant signed the mortgage. she was the wife of the maker of the notes, who was a bankrupt and was subse- ié quently discharged in bankruptcy pro- The quarter. section was tue nomestead: ot the appellant and She had been left a some ,.property, which she refused to mortgage.or incumber. She was a German woman, who could tragting or illiter-' not read English, and she signed the wortgage lv waive her rights ana did’ sO, :relying on repre- sentations that she incurred no per- sonal. liability. ,he ‘may know |dispute on the point;,-but' sthe . testi- mony of the. plaintiff;her mother, and her husband is entirely ‘convincing. | The Dittus Brothers’,were business | *: men and so was ‘the. -notar, who represented them and prevailed on the plaintiff to sign the mortgage. Assuredly they would ‘never have tak- en the mortgage tossecure’ stich ‘past ‘due paper, if they had thonght it pos- Sible to induce the appéllant to sign \a renewal note. ceedings. her husband. hink it-an easy} widow with WHAT ARS You HOLLERIN! 4BouT Zz STHE ROCSD ADMINISTRATIO! \ UAS ASKED, Sven GoD MON : THERG'S NO LAW. AGAINST (T THAT IL kwow oT — 2 S$ arreetie(- the appellant never received any con- notes. We vainly Search the com- plaint, the findings of the Court, and, the, testimony for any averment or. proof of a consideration. Moreover, the appellant was under no legal or moral obligation to pay the notes. ‘A Contract or covenant is an’ agree- ment to do or not to do a particular thing. (Comp. Laws, Sec. 5836. It is essential to the existence of a contract that there shoyld be a suf- ficient consideration. (Sec. 6837.) The consent of parties to a con- tract-must be free and mutual and communicated by each to the other. (Sec. 5842.) Consent is not free. when obtained by mistake of law or fact or a mis- take ‘of law by one party of whcih the others are aware at the time of contracting, but which they do. not rectify. (C. La. 5855.) The consideration of .a contract is any: benefit’ to the promissoror any prejudice ‘to the. other party. J. L. Tt was. made and dat- It was made sub- Here there is no showing of benefit to the mortgagor, nor of prejudice to the mortgagee. .There is no. showing that appellant ever knew of the cov- enant to pay the mortgage . debt. There is a showing that by. artifice, Dittus Brothers, and ‘their Notary Public induced the appéltant ‘to: sign the mortgage. They knew that she signed it under a mistake of law and fact, whcih they had.induced, and did not attempt, to correct. Of course, the mortgage. was not negotiable.and the. present holders stand’only in ihe place of the mortgagees. Judement reversed and actfon dis- missed. sury 15, 1918. “homestead, Of ‘course,:there is a ny W, SS FU Rese RA EER eT THE WEATHER | public ending at For twenty-four hours noon, July 20. Temperature at 7 a. m. .. Temperature at noon .. Highest yesterday . Lowest yesterday .. Lowest last night Precipitation .... Highest wind velocity It-is entirely certain By Conde Forecast. For North Dakota. Fair ‘and Sunday; cooler Sunday and wes: and north portions .tonight. tonigh: Lowest ‘Temperatures 64 Winnipeg Helena .. ‘the west ward that old prophecy than toward: the’ ¢ truc- tion of the world at Agnagedt { Chicago ... Swift Current Kansas City . ORRIS W. ‘Meterologist. Buy W, s,s, ——— NOTICE TO THE PUBLIC. ‘Notice is hereby given that all per- sons and all property owners who have outhouses, privies, vaults and cess pools within the limits of the City of Bismarck, North’ Daketa upon property abutting any street contain- ing 4 public sewer must have «ll such outhouses, privies, vaults and cess pools removed ‘and preser Sewer con day of September, 1918. All persons. failing te comply with this notice will be prosecuted at once - jafter September 1st, 1918, in acenrd- ance with the ordinance now in effect. Dated this 19th day. of July, 1918. DR. F. B. STRAUSS, City Heatth Officer. 7 20 31.10t ——1vr w, s. 5. Forefathers Had No Luxuries. People whe complain because they cannot get some of the little luxuries they ‘used. to enjoy before the war might do well to remember that their forefathers lived without sugar till‘the fourteenth century, without con! till the fourteenth. without butter on their bread till the fifteenth, ‘without to- bacco and potatoes till the sixteenth, without ten, coffee and sonp till the seventeenth, without umbrellas and salehaave till the elgteenth, and withdut ‘thhins. telegrams, telephones. gas and machines to the ‘Aineteenth, © {DOYLE HAS NO sideration for a covenant to pay the} nections ~made on or befere the 1st} . - SATURDAY, JULY, 20; 1918. * "INTENTION: OF. ‘QUITTING RACE U, S. Marshal, .Democratic Loy- alist, Candidate, Will Stay in Race OPPOSITION §IS.ORGANIZING So far as Stephen J: Voyle;-U. 3. marshal and democratit nominee for governor, is concerned, there: is said to be no question as ‘to the identiiy ot the man who wi!l oppose Governor Lynv J. Frazier at the polls: ‘insNevem- tei. oMr. ‘Doyle, ic is: stated, flatly refuses to withdraw in favor uf U. 8. treesurer John Burke, Congressinan P, D. Norton or any ‘otter white h U.S. ‘Treasurer three times governor of Nerth Dakota, fiver hag indicated a desire’ to come back, and P. ‘D. ‘Norton, recently de- feated by a leaguer for the congres- sional nomination, is,quoted in a jeague: interview as stating that “he knows when he’s licxed.”" The con- vincing fact is that Mr. Doyle ha» the nomination, by a satisfactory ma- jority over his democratic opponent, former Postmaster George \WV. Wilkin- son of Fargo, and so long as he sits tight there can be no‘:question about the head of the democratic. ticket '” Frazier’s final majority, over Steen i8'16,000 in round numbers.’ There are approximately 20,000 Democrats in the state and probably 15,000 soldier votes outside the state which will be count- ed this’fall, under an’ amendment ‘to the absent voter law adopted * at the spocial‘sessioi of legislature last win- Ner with a‘view to giving the men in the service “a voice inthe’ election. The ‘opposition to the- league, which strenuously denies ‘having given up the fight, contends that if Doyle can hold the’ democratic vote, and the Steen::vote can be switched-to Doyle and Doyle can‘get at least 75 per cent of. the soldier voté, there is no doubt ‘about ‘thé result next November. The Independent Voters” league declares it will not concede a single Steen vote to Frazier. The Steen ‘vote, if it could be deposited solidly to Doyle's ac- count, would, with the Democratic vote give Doyle‘a lead of 4,000 over Frazier. There was not a very large silent::vote ih the’ recent primaries ‘More than 100,000 votes. were cast, a> compared with approximately 120.000 in, the last general election.-- Then there:.were fifteen thousand’ soldier votes out of: the state which could not.be counted in the primaries. The anti-league organizations .are’,count- ing very strongly on the soldier vote. Doyle is a candidate: with a: stroas loyalist’ record; and ‘they ‘believe he will. appeal: to. the: fighting ‘men. Con- servative «bystanders: insist that the chances of Frazier’s being defdate 1 at the November election are very slight.. but’they admit there is a chance. The active opponents ‘of the league con- | tend there ig‘more than:a chance, and they are organizing to make a‘ very de. termined: fight. | Senay Ww. . S. MUST. PAY. -FOR: FURLOUGH Men at Camp Wadsworth Required te Bring In 60 Dead ; Flies, fe Camp Wadsworth, Spartanburg, 8. C.—Fifty dead files iy the’ price that enlisted men of the camp quartermas- ter's department now have to pay for & pass to come into the'city.. As a re- sult, when a man wants to come into town on pleasure ‘he -pufloins ‘a few grains’ of‘ sugar or ‘some other: deli- cacy from the kitchen, selzes his trusty swatter and sets to work. There is-a suspicion that some of the men have a pooling agreement by which Jones will help Smith kill files | one day and Smith will do as much for Jones some other day. . It is sald, too, that flies sometimes have a commer cial value, the prices varying with weather conditions and the keenness of the men to get into town. WEDDING IS STRICTLY “13” Fateful Number Figures Prominent: ly in Affaire of Kansas City d Couple. Kansas City, Mo.—It was 18 monthe €go that William A, Gibson met pretty Anna’ B. Brown’ of ‘this city. “This is our luck day,”she declared, as he looked at the date—the 13th, She ‘agreed. “Let's ‘get married on the 18th,” he said’ a few months later. She also agreed to this. So on the 18th of the month they secured a marriage license. Then @ happy thought struck them. _ rath make it 18 all around,” she sa . They were then’ married on: thie 18th floor of the NEW “EXCUSE-FOR SPEEDING Novelty ef: Plea: Sécures for Atlanta | “°Young May Cut’ Price a ut Fine. : a Atlante, Ga.—Young Clifford Ogden was before a police judge to answer for fast dtiving in an automobile and around‘the ‘wrong side of a trolley car. “1 had’ as 8 Passehger a man trying to’catch' up. with a street car-in-which ‘was his wife, from whom he is trying to get a divorce. "He was secking evi- dence‘ ‘and ‘told’ me he’ just had to catch ttat troltey ‘car.” The ‘novel ‘excuse’ caused’ the re- Corder” to’‘give” young Ogden ‘a cut BUY W. S. S. AUTO GLASS. Auto glass shields cut and set on short notice. Also window plate and erund glass; fancy door glass. of alt inds. street, for prices. wie a ARES a USS ha a i bby w. 58. 6 “nbn Want Ads Bring Results. Burke, © Call and see Faunce, Fourth ‘ A