The Bismarck Tribune Newspaper, July 22, 1918, Page 2

@ DEFENSE BOARD BAN BAD PRESS Couriel) Says.“Naughty, Naugh- ty,”. But Has It a Whip Handy? BOARD POWERS ARE GIVEN Bronson Says They’re Possible Because of “No Man’s Land” Members of the council of defense and of the state administration admit some doubt as to the machinery to be used in enforcing the council's re- cent order banning charges of scdi tion, disloyalty or pro-Germanism against any person or organization who, or which does not stand form- ally accused before some competent tribunal. The council has ordered “that no person or persons, public speakers in this state, or newspapers or other publicity organs in this state, shall in any manner state, circulate or cause to be published or state, state- ments or charges. against any person or class of persons in this state that | they: are diloyal,.pro-German or un- Patriotic, unless such statements or utterances are based upon or in con- nection with charges or complaints before a proper tribunal or unless the same is based upon actual or spei eificsacts found by a proper tribunal to be in fact disloyal or unpatriotic or pro-German.” The council further orders that all persons or organizations promptly re- port to the council all acts, utter- ances, etc., which may be character- ized as disloyal, ete, and it finally orders that every person in this state and every organization therein co-op- erate wiih the council, but the reso lutions provide no penalty for the do- ing or the failure to do any of these things., When {3. A. Tostevin, pub-; lisher of the Mandan Pioneer, was arraigned before the council for edi- torially charging that the 15,000 ma- jority given Frazier came from pro- Germans, he was asked wiiether he would susnend the publication of his paper, if the council requested it. he replied ihai- he would not. No sus- pension bas been ordered, and the paper is still appearing six days a week, The council of defense act passed at the recent special. session of legis- lature decres that “they shall have power undiit shall be their duty to Make and promulgate from time to time rules and regulations for the promotion and preservation of the public peace, safety and welfare, and they may also as the exigencies of the occasion shall réquire, make and pro- mulgate rules and regulations to as- sist the government of the United States in carrying out and enforcing its laws and regulations relative to the conduct of the war 4 ber of the-council shall } same powers as the sti several counties, and such powers in any pa separately or in con. er police officers. shall assist and co-operate with ali state. and county officials in promoting patriot- ism':and loyalty to this government and humanity, and shall assist and co-operate with the officials in pre- serving the public peace, health and safety, as well as the broad demo- cratic’ principles upon, which this na* tion and state were founded.” Some doubt has been expressed as ‘to the authority of the legislature to delegate broad legislative, judicial, ad- ministrative and police powers to an organization to be selected as the council of defense was by the gov- ernor, without referring to the choice of the people. On the subject of the council’s powers, First Assistant At- torney General Bronson, in defending in the Richland county district court the council's right to conscript land, said: “The war has created a twilight zone between ordinary peace time civ- il rights and the martial law of war time. In this twilight zone we have & compromise between civil and martial \prosecutio® of law under which may be done. many things which the exigencies demand and which. in peace time would not be compatible with the civil rights of |. our people.” How, operating in this twilight zone szthe no man’s land of law—the coun- cil of defense will proceed to punish offenders under its recent resolution banning free discussion and criticism of alleged sedition and kindred acts has not ween learned. It is possible that the council might prosecute of- fenders under civil and criminal laws already on the North Dakota statute books, covering the spreading of false reports, libel, scandal, slander, giving false evidence, malicious mischief, in- citing to riot, ete, or it might bring about the prosecution of ocenders un- der the broad wing of the new federal espionage act. It is not the opinion of able law makers and law inter- preters and law enforcers at the cap- itol. however, that the ‘council has conferred authority upon it se!f to pun- ish such offenses, inasmuch us it has neglected to include in its admonitory resolutions any penalty. “The council,” said one commentai- or, today, “is in the position of tie indulgent mother who contents herself with § saying, ‘Naughty!’ Naughty!’ but has no whip handy.” i UY W. 3 ——— “Brinton Is Not and Never Has Been Nonpartisan League Member.” Says His Attorney (Continued From Page One.) Burns, of Burns & Young, Burke county mercantile firm; A, Eberth. Wahpeton farmer! smes Duncan, farmet; C, P,-Getcheil. banker; J. R. Stewart, Dickinson, . P. railway em- ploye;, W. S,-Shirk, Benson Lumber company manager; C I. Christianson, farmer; and Frank Squires, Stutsman county farmer, Amidon's Statement. In his opening statement to the ven- iremen, Judge Amidon said: “Tho jury must be’candid in answer: ing questions of counsel. It has been developed. that. Mr. Brinton was ac- tive ia the Nompartisan league and ee TEUTONS START REAR.GUARD, ACTIONS TO DELAY VIGOROUS (Continued From Page One.) i " bridges under heavy fire. The Germans are using gas shells in large numbers. ADVANCE FOUR MILES The capture of Barbullon wood by the Americans means that they have advanced three or four miles from their old positions on the Marne. The French troops yesterday made progress along the river Marne to an approximate depth of eight miles. ; Owing to fau!{y workings of the telegraph lines between Paris and London news of the advance up to 8 o’clock last night is not detailed. It is learned that the French line running from Breny, along the main Chateau Thierry road, to Rocourt and then through Lecharme and Epieds to the Marne at Charteves. IN POCKET The object of the enemy counter attack is to expedite the extraction of his troops from the pocket between Soissons and Rheims. Meanwhile German troops on the southern end of the pocket must be experiencing great difficulty in getting supplies. Southwest of Rheims there has been heavy fighting. Between the Oureq and the Marne rivers the French yesterday took 400 prisoners. A GREAT VICTORY Bavaas Agency, July 22.—All the military critics of the news- papers, after careful examination of the tactical positions of the stragetical, situation have come to the conclusion that whatever happens now the allied offensive is a new and great victory of the Marne. GAINS IN ALBANIA Rome, July 22.—The Italian troops are continuing to gain ground in the bend of the Revoli river in Albania, the Italian war office announced today. The advancing troops yesterday took 100 prisoners and captured seven machine’ guns. Emperor Chares, it is added. has ation in the Soissons area. London,.July 22.—The Japanese dip- lomatic council has agreed to the American proposal for joint interven- tion by Japan and the United States in Siberia. A proclamation will be issued as- suring Russia that the Entente has no aggressive design in intervening in Siberia, the dispatch adds. It is possible a relief commission will accompany the intervention party. CONTINUES RESERVE. Washington, July 22—The govern: ment continued its reserve today or prominent in the organization of the united :’stores, The grave question which is up to every one of you has nothing to do with politics; nothing to do with what you may think of the economic or political features of the league. The store plan is not on trial; Mr. Brinton is not on trial here as a leaguer, he is on trial here for speech designed to interfere with recrueiting \, fo rthe army and navy. You are not on trial here to pass on the Nonparti- san league. You are on trial to pass on whether Mr. Brinton’s language fairly interpreted would be construed |’ to obstruct recruiting and enlistment service. You are not here as a part of the war program of the United States. nor ash part of the organiza- tion of the Nonpartisan league, or as any political orkanization opposed to the league.” Brinton was indicted under Sec. 3 of the espionage act of June 15, 1917, for an\address delivered at Garrison on April 4, 1918. Some Brinton Statements. J. W. Brinton told his audience at Garrison last spring when he address- ed a Consumers’ chain store gather- ing that we “have to buy Liberty bonds because the government, pays all its money in excess profits to the Dupont Powder Co. and other corpor- ations, ‘testified Dr. Kobinson, Gar- rison veterinarian, who was the first witness for the government in its the Townley chain store manager under an indictment re- | turned by the last federal grand Pa in Fargo. Dr. Robinson, who testified that he} went to the meeting because he was interested in the chain store scheme, stated that he made notes in long hand of ‘sentences in Brinton’s talk which appealed to him as seditions. Judge S. L. Nuchols of Mandan, chief of counsel for the defense, objected to} the introduction of these notes on the ground that, having been taken in long hand, they could give only frag- mentary passages of Brinton’s talk. | The court rules that the notes, read from Dr. Robinson’s prescription pad. might he introduced, but that the jury This airplane from an American flying AUSTRIAN CABINET RESIGNS London, July 22.—The entire Austrian cabinet has resigned, | says an Exchange Telegraph dispatch from Copenhagen today. accepted the resignations. Paris, July 22.—Pushing in south of Soissons the French have crossed the Chateau Thierry road north of Ville Montoire, oppo- site Buzancy, the Temps announces today in describing the situ- | AMERICA AND JAPAN AGREE ON JOINT INTERVENTION an yannouncement of plans with ‘Jap: an for military aid for Russia in-Si- beria. Officials said that uintil some official communication from the Jap- anese government arrived there would be nothing to say for publication, De- tails of the plans previously publish- ed in London and Tokio, however, dis- closed that the project for aid to Rus- Czecho-Slovak army. The measures of extending thi said may not be dis: cussed at this time. . RAR RRR EEE’. take into consideration their trag- mentary nature in giving them weight. Among other statements read from the witness’ note book and attriputed to Brinton were: “We will make Townley president of the United States.” * “Steel was $20 the ton, but they raised it to $92 when the country needed it.” é “Men who call Townley a crook are crooks. themselves.” “We have to take pennies out of the children’s banks to buy War Savings Stamps so we can pay the profiteers’ their: high prices.” “There are two classes of I. W. W. —one on the farm, and the other the silk-stocking crowd that goes prowi- ine, around at night denouncing Fra- zier.” “The reason we have to buy Lib- erty bonds is because the government pays all its money for excess profits to the Dupont Powder Co.” — The impaneling of a jury was com Dleted at 2 o'clock, with several ot |&. the original veinire left in the box. One active Nonpartisan and several business men, challenged for cause, | were dropped, and others substitutea for them. Dr. Robinson was the first witness called for the governmant. His direct examination’ by District At- torney Hildreth was brief. but Judge Nuchols consumed more than an hour in a thorough cross examination in which he endeavored to bring out the fact that the witness may have been actuated in the matter because he was opposed to the Nonpartisan league and to the store sysetem, and directly bacause ‘the Carrison store . affected the business. of a géneral store at Coleharbor and a Garrison drug, store owned by him. BUY W, 5, DR. FISHER TO DODGE. Dr. A. M. Fisher. commissioned captain in the national army last week, has received instructions to re- port at the base hospital at Camp Dodge on July 29. ——— ay w. 5, §——— ‘Tribune ‘Want Ads Bring Results. s.—— PURSUIT OF ALLIED ARMIES FIERY DEATH IN THE AIR field caught fire in the air and fell in a field near Ard- more, Okla., recently. The aviator was burned to death, a dozen or more spectators standing near having been helpless to save him. ie a ( CHO WH . : a X 44 | q C | q HGOREKI BADOZHSKO! : American marines are known to be at Kola, and an‘allied force has advanced {0 a point south of Kem, which lies in the center of this map on. the new Kola railroad. Southern Finland’ is in possession of the Germans and the Finnish White Guard, and an attack by these troops on the allies, who are protecting munition stores sent to the Russians, is expected momentarily. MAY ALLOW BALLPLAYERS TO BND SRASON Washington, July 22.— Secretary Baker and Provost Marshal General ||! Crowder are considering today the ad- visability of extending: the effective time of the work or fight order as|j| applied to baseball players, so as to complete the baseball season. os - y INDIVIDUAL RESPONSIBILITY This war is to be won not by one man or one thousand men or one milion men, or one million peo- | ple. It is to be won by the united i efforts of the individuals of many | nations, Every American citizen has an individyal duty to perform, and in- | dividual share of the responsibility. | The more powerful and effective the American forces are the short- | er the war the fewer tives lost, | the greater the number of Ameri- | con soldiers who will return home | victorious, i «very American who economizes in the consumption of material, BUY W. §, 8—— who increases production, who * |. saves and lends savings to the | | SOLDIER INSURANCE ||! peyermment gee something to | | Mb rejoice ‘with’ you"’and our |! 4, ee heroic men on this just-and hu- eater rars | mane provision the generous Amer- ica can people have made for them | ivy and | am proud to have the treas- | ury department administer this | great law. Please congratulate the | men of your galant force for me on | | the wisdom they have shown in taking the benefits of the insur- | ance law, and congratulate them /; particularly fer me on the glorious | | work they are doing on the dese- CHEER AS U. S. ENGINE __ DRAWS FRENCH TRAIN Whistle . of Locomotive Sounds Like “Home, Sweet Home” crated soil of noble France for H i | suffering humanity and -world free- ee to American Fighters, dom. Every American heart is One of the things that pets deeply {nto & doughboy’s blood is the whistle of a good old American locomotive in. France, and the clang of its bell. It sounds like home, The American s locomotives ure big, husky ones, mak- z ‘© |Ing the French engines look like toys. TOO LATE TO CLASSIFY Fy When the first American locomotives arrived in France, the natives were as- tonished at the deep-toned bells and whistles, French locomotives have a | thrilled by the valor and achieve- ments of our splendid sons.” (Sec- retary McAdoo’s cable to Gen. | Pershing.) ! f eats ——+ BUY W, S, 8. ——— e FOR:SALE—Carey safe, good as new, a.bargain. Apply. Dr. A.M. Fisher. 7-2-3 “tooter?- on them resembling ‘ap en- & See ON Ns Se Bea larged peanut-wagon whistle, say the WANTED—Competent, _ experience | doughboys, and there is no bell at all. ee nographer..-Labe. Morr. sae The Americans contend that the shrill ——avy w. s,s. y French whistle is too screechy and effeminate, ‘truckload of doughboys was boune- Ingover the road near a wood, from which‘a railroad emerged, in the vicin- Montana Life office. 7 ao a6 | ty of Verdun. . Suddenly there came a a deep-toned: blast of a‘locomotive from the .ywoods, followed by the panting chug that reminded you of a train go- ing over the Rockies. ““Sounds like an American locomo- tive, surer than thunder!” shouted one of the doughboys; “you could tell that tolse a mile away. Let’s stop until it fomes out of the wood.” t ‘ “We're liable to get shelled: here,” sald the truck driver, “but if you fel- lows ‘are game, I am. I'd take'a chance ‘ |on shells any day to see a Baldwin lo- eomotive go by, with a good old’ Ameri- cam: puff and chug and whistle.”. The group insisted on stopping, and the Iptomotive, :haultng a" host of tiny French freight cars, came puffing out of the wood. The doughboys broke out into cheers, and more doughboys run- ning the engine: replied with a full- _ | steam resounding whistle that echoed clear into Germany. , FOR SALE—5 head of horses. ‘includ: ing mare and colt. I yearling colt. Will be ‘sold ‘at a -bargain.. S. D. Cook, address McKenzie Hotel, or i BUY W, 5, 5 Z WANTED—Position as a cook _ for. harvest and threshing crew... Mrs.” ‘ Earl Carr, 809 Rosser St. » 7-22-lw BUY W. & LOST—Bill book containing ,twenty dollars, also contains canceled ‘check for six dollars; liberal-reward. G. W. Ranney, 322 Second St. 7-22-2 FEDERAL GOURT MAY GRIND SIX WEEKS TO COME Prospects’ Are That Criminal Business Will Consume Mere Than’ a Month After the Brinton trial is completed, we will still have forty criminal cases to consider, and it looks very much as though we would continue grinding here for six weeks at least,” an- nounced Melvin A. Hildreth, U. S, dis- trict attorney, this morning. “Two weeks were occupied with the Wishek case; the Brinton trial undoubtedly will consume several days, and then we will have disposed of only two criminal cases out of a total of 42. { doubt very much if we will, reach any civil business this term. I be- lieve the court is disposed to get through with the criminal’ matters first, and that in all probability will carry us through six weeks at least.” The Beach box car robbery cases, which were further down the calen- dar, will be tried immediately after the Brigton case is disposed of, At- torney Hildreth announced this morn- ing. The change is made, he stated, because he has subpoenaed a number of Chicago railroad men, one of whom holds an important position, and who must return to his duties at the, earli-} est possible moment. A number of farmer witnesses in various criminal actions whose pres- ence at home was necessitated by the rye harvest have been released tem- porarily, and the cases in which they are to appear have been shoved fur- ther down the calendar. BUY W. & S-——— GERMAN METAL - FIRMS SEIZED «Washington, Jan. 26—A. Mitchel: Palmer, alien property custodian an- nounced that he had taken over the property of L. Vogelstein & Co.,, Inc. and Beer Von Sondeimer & Co., Inc, both. large German owned metal con- cerns of New York city. The assets of the former are upwards of $9,000,000 and those of the latter upwards of $5,- 000,000. Beer Von Sondeimer & Co. and Vo- gelstein & Co. were closely affiliated. Mr. Palmer said, with the German Gesselschraft, which for some years has dominated the entire market of the world. DELAY SAVES $2,000 Aldermen of One City Too Late in Raising Salaries, Mistakes by city aldermen of Chip- pewa Falls, Wis,, are usually expen- sive, but one made by the aldermen of this city will save the taxpayers more than $2,000 this year. Salary increases aggregating that amount were proposed at the meéting of thé:councll’ here on February 6. In- stead of acting on the matter at once the ordinance was referred to a com- mittee and reported back. Just when the council was ready to pass the measure giving nearly every officer, policeman and fireman an in- crease in pay, the city .attorney an- nounced that according to law the sal- ary changes must be made at the first Meeting in February or remain as dur- ing the preceding year. The ordinance was then tabled. TOWN SETS. AN EXAMPLE Pledges Iteelf to Go Wheatless Until Harvest. Bristol, a city of 20,000 people, eit- uated in both Virginia and Tennessee, has pledged itself to go wheatless until harvest, in order that the abso- lute needs of the allies may be met from America’s’ meager store. Five latge mills, fifty wholesale and retatl grocers, ull hotels atid scores of pa- triotic citizens have turned in their entire stocks for the use of the gov- ernment, and have pledged themselves to use no more until the present need has passed. No more wheat flour will be sold, and the entire output of the tills is to be placed at the dfsposition of the food administration. PLAN BIG BEAR HUNT Farmers ‘in West Virginia Worrled Over Depredations. Because of light hunting seasons bears have multiplied in great num- bers in West Virginia, and their night- ly depredations are keeping the farm- ers worried. More:than 200 sheep have been killed by the animals within the last few weeks. An organized bear hunt is being planned. afi : BUY W. 5. §——— Jennie:' You can’t expect a feller to love a girl with a red nose, color- less lips, dull eyes. S take Hollis- ter’s Rocky Mountain Tea at once. Don’t delay—it's dangerous. 35c. Breslow's. ——10Y w. 5. 8. & PATRIOTISM WITHOVT HESITATION If our soldier boys deliberated as [ —— “I can die happy now!” said one of the doughboys, as the truck moved on toward the front, after the husky American locomotive had been watched out of sight. BUY W. S. $. Encouraging. Fact.- I know of no more encouraging fact than the unquestionable ability of man to elevate his life by a conscious en- deavor, It is something to be able to paint a particular picture or to carve a statue, and so to make a few objects beautifal, but it -is far more glorious to carve and paint the very atmos- phere and medium through which we look, which morally we can do.— Thoreau. meee ——u¥ w. 8. 8: —— Tribune Want Ads Bring Results. a 4 » long over doing their duty as some [ of our people at home hesitate over doing theirs, the victory * would be doubtful. ! | It is a sort of financial coward- | | Ice to hesitate to put your money | in United States government se- | curities, and to deliberate over tne j { wisdom and patriotism of the in- | | vestment as to hesitate in suppori- | | ing our soldiers, 4 CASTORIA For Infants and Children In Use For Over 30 Years the Signature of AY, JULY § 22, 1918. 4 ‘FOR SALE Eight Cylinder Cole Automobile | In A-1 condition, seven passenger, at a great sacrifice. Owner has been called to military service. DR. A. M, FISHER, Bismarck, N. D. eI ae BUY W, 8, Stem MINNEAPOLIS GRAIN. Yellow corn 155@163. No. 4 yellow corn 145@152. No. 5 yellow corn 128@@@136, No 8 mixed corn 145@ Other grades corn 80 to *2: Oats No. 2 white Mont. 75 3-4@ 76 3-4. Standard white oats 71 3:4 to-72 3-4, To arrive 66 1-2 to 67. No. 3 white oats 71 14 to 72 1-4, To arrive 66 to 66 1-2. No. 4 white oats 67 34 to 71 1-4. Barley choice 120 tot 125. Barley, 100_to 120. No. 2 rye 184 to. 186. Arrive 175 nominal. Flaxx 453 to 456. Flax to arrive 453 to 456. AUY W. 8, 8.——— DULUTH GRAIN. Oats on track 73 3-4 to 75 3-4. Rye on track not quoted. Barley on track New 90 to 100. Flax on track 456. ‘ ——— Oct. flax 451. Nov. flax 446. Dec flax not quoted. BUY W. 8. 8.—— ST. PAUL LIVESTOCK. Hogs receipts 7,300. Range $17.50@18.00. Bulk $17.95@18.00. Cattle receipts 13,500. Killers 25. to 50c lower, Steers $15.50@17.50. Cows apd heifers $8.00@12.00. Calves steady. $7.00@15. Stockers and feeders 25 to 50c lower $6.00@12.00. Sheep receipts 300, steady. Lambs $10.00@17.50. Wethers $12.00@17.50. Ewes $5.00 to 11.00. CHICAGO LIVESTOCK. Hogs,. receipts 38,000; good hogs mostly 10 to 20 c higher; others slow. Luteher hoges $18.45@18.90. ‘Light $16.85@19.00..." ‘Packing $17.50@18.35. Rough $17.15@17.40. Lulk of sales $17.9018.85. Pigs good and choice $17.25@18.00. Cattle 22,000; good steers steady; others and butcher cattle slow to lower. Calves 25¢ lower. Sheep.receipts 15,000. Sheep and native lambe steady. Shorn range lambs higher. Top native $18.25. Choice Idaho, bid above $18.50. Ww, 8. 8. THE RAILROAD ADMINIS- ‘ TRATION AND FARMERS. ee pees | The United States Railroad Ad- | ministration has established a de- | partment to be known as the agri- i \ | {| cultural section, whose particular duty will be to, look after the de- partment of agriculture. its’ pur- pose is to give all possib> assist- ance to the agricultural develop: | ment of the country. The extension | work of the department of <g ‘«"1i- | ture. and the stimulation of «gr culture, especially” in*-relation® to transportation, will be assistes as much as possible. by the new sec: | | tion. i ¢ - + HUMPHREYS’ ‘The full list cf Dr. Humphreys’ Remedies for Internal and external use, nieets the needs of families for neatly every ailment from Infanry to old age—descrivec in Dr. Humphreys’ Manual mailed free. PARTIAL List Me. for ‘ 1. Fevers, Congestions. Inflatimations 2. Worms, Worm Fever &, Colic, Crying. Wakefulness of Infante 4. Diarebes of Chiidrenand adults Colds, Bronchitis Faceache. Neuralgia ver e 17. Piles, Bund. . Internal External 19. Catar#h, Infiuenza, Cold ‘in Head 20. Whooping Cough 21. Asthma, Oppressed, Difficult Breathing 2'7. Disorders of the Kidue; 30. Urinary Incoatt 34. Sore Throat, Quinsy 77. Geip, Gripe, Le Geippe, For sale by druggists everywhere, FHCMPHREYS' HOMFO.” MEDICISE CO., Corner William and Ann Streets, New Yorks SS Li “HOW. TO FISH .. A-secret..I have kept for years of an Old Indian Chief and how he fed his Tribe on Fish. He was offered a for- tune for this. secret which never be- came known. until his death. -The high cost of living has induced me to reveal it. Write for particulars, Mr. Heare, 706 Union Bank Bldg., Chi- cago, Ill. 7-19-20-22 TO HOLDERS OF — LIBERTY BONDS. Use your Liberty Bond Coupons for the purchase of : War Savings Stamps Your Interest Will Earn In- terest and Keep at Work for the Nation. : 4. ¥ ~“ ‘ y q oy ” f ‘ ! he