The Bismarck Tribune Newspaper, August 24, 1918, Page 4

BISMARCK DAILY TRIBUNE THE BISMARCK TRIBUNE at the Pos ‘ice, Bismarck, 1) as ni Class Matter GEORGE D. MANN : . Editor ‘(AN 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. All rights of publication of special dispatches herein are also reserved. MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE Daily by carrier per year.. 2 $6. Daily by mail per year... - 4.00 Daily by mail per year (in state). . wee 4.00 Daily by mail outside of North Dakota... 00 SUBSCRIPTION RATES (In North Dakota) One year by mail. . Six months by mail.... hs by mail. (Outside of Nort! One year ..... $5. Six months . Three months . Six months . Three months One month z “ “THE STATE'S OLDEST NEWSPAPER. (Established 1878) ‘ E> brutalized soldiers to “kill, kill, kill, for gott will forgive!” this imperial fiend included nurses at the bedside of the wounded, sick in hospitals, cripples on hos- pital ships, prisoners in German camps—and the bleeding hearts of little babies. That other man—the son of the kaiser—the one with the “death head” cap—clothes his face with the same,heartless, un-human grin, for he too revels in the slaughter of innocents and to whom the hoisting of bruised and bleeding baby hearts upon German bayonets is the symol of. power and conquest. What will you NOW do more than you were doing to help these boys.of ours “over there,” and the soldiers of our allies to punish this man- monster and his son? There are just two ways of helping to punish the kaiser and his son. These are: Go over there and fight. Stay at home and serve, save, pay and lend. On the twenty-eighth day of September begins the Fourth Liberty Loan campaign. The hearts of these babies cry to you to help. You can help by starting right now—this minute —to save that you may do your share—AND MORE--to finance the man who is going “over there” into the hell of battle, to the brink of death to carry a just punishment to this kaiser and his crown prince, an dto make it impossible for the baby-killing HUNS to come to your home and all the other homes in this land to tear out the hearts of our babies now so snugly resting in the arms of American motherhood. Remember these pictures when you are tempted to waste money. Remember it when you receive your next pay. envelope. ° ra If we were an ‘Anthony we would deliver a funeral oration such as the world has never heard, for we have in the picture above a subject greater than Caesar’s life and Caesar’s death. Here are the murdered and the murderers. But it will not take an Anthony to arouse a mountain-high wave of righteous indignation, nor will it take,an An- thony to convict these murderers, beforewthe bar of honest men and women. oo All we need to do is to look at the pictures. We do not need an Anthony to draw aside the snow-white shroud from the tiny bodies of these dead babies and show to you the fearful blood- drained gashes through which their tiny hearts were torn from their baby bodies. This picture of murdered babies brutally wrenched from the arms of French mothers in a French town taken by the HUNS, was sent to this country by an American soldier fighting in the trenches “over there.” He and his American brothers-in-arms retook this town from the HUNS but not before the unspeakable HUN had opened wide the floodgates of his brutality upon: the in- nocent inhabitants. This American soldier saw with his own eyes the bodies of these two babies, bodies torn open in the most horrible manner, and bodies that no longer carried within them hearts which had beaten with the gladsomeness of ‘happy babyhood until the HUN came upon them. We have heard of jackals, hyenas, rattlesnakes ; we have heard of all that is lowest in man and beast, but not until this day have we looked down into such fearful depths of depravity and unhuman beastliness. Why, fellow Americans, we-over here in safe security have not come to a full realization of the awfulness of the HUN- conquered lands!’ We have found it difficult to believe that human beings ¢an be so degraded, so debauched, so heartless, as these HUNs have be- come. They have been found guilty, beyond the shadow of the slightest doubt, of sinking hospi- tal ships, bombing wounded, slaying prisoners, violating women, murdering non-combatant citi- zens. And now we have indisputable evidence of this the most horrible crime which has ever been charged against a sane human being. In their fiendish cruelty, angered at the oncom- ing allied troops and forced to give way, the HUNS became beastial slaughterers of babies. Into the sobbing, living bodies of these innocent children they drove their blood-red swords and gouged out the throbbing hearts. And then they threw the mutilated bodies, running crimson with the ebbing of their lifeblood, into heaps by the roadside. Then that there can be nothing more evil, more cruel, more loathsome in all the annals of crime. Their hearts—the hearts of these little babies —are not dead; they cry aloud to you, to all the world of civilized human beings for revenge, for justice, for the punishment of their murderers. What will YOU do MORE now than you were doing before you saw this picture and heard this story to bring to punishment the butchers who cut out the hearts of babies? Now we come to the others in the pictures above, to the two men. They are the murderers. They are the person- ification of all that is evil. They are father and son, emperor and crown prince of Germany, arch foes of civilization, humanity, democracy and of little babies such as these of the French village. At the left is Wilhelm, kaiser of the HUNS. His sar dole evil grin well portrays the desires run- ning riot within him. This is the man-monster who engulfed the world in war, and who sent his Remember it when you are asked to invest in Thrift Stamps and Liberty Bonds. i Remember it when you crave sugar and wheat. Remember— ‘ These baby hearts— And the monsters— . Who tore them from their baby bodies! A TRIFLE LATE. A trifle late, but very vehemently, Townley’s| kept daily organ at Fargo protests that when .a convention dominated entirely by Townley’s henchmen in the Adams-Hetinger legislative con- vention pledged its district delegate to the state convention of the Noparty league to work for a plank which would take over the farmer’s land and his horses and cows and his reapers and bind- ers and traction engines and other property “at the price prevailing for three years prior to the war” and distribute this wealth pro-rata among all the wobblies and weary willies whom Townley ‘might induce to locate in North Dakota and be- come league voters here, that league convention did not do just what the home newspaper in Mott stated in black and ‘white was done. : The Mott Pioneer-Press story was.published more than a month ago. It went the rounds of the press, and it was copied and approved by some Townley organs, among others. The Mott paper published the resolution in full, told just who in- troduced it, and how many voted for it. It didn’t savor of a fish story, and nobody thought of deny- ing it until a few days ago when The Courier News came out with a double colunm, page-length edi- torial declaring the whole thing a fake, foisted upon Townley’s followers by Townley’s enemies. Well, the pubic long since has learned to regard with skepticism the Courier-News’ denials. The Tribune doesn’t know where the Townley editor got his authority for this latest attempt to extri- cate Townley from a hole which he had dug for himself.. The vehemency of the denial would’ in- dicate that somebody is very much scared. The dear people, apparently, aren’t reacting to the Townley-Bowen-LeSueur socialist tonic as the quacks at St. Paul hoped they would. So the treat- In his orders for wholesale slaughter ment is to be changed. Another cure-all will be substituted, and the‘process will be repeated. Down at the bottom, Townley is finding the North Dakota farmer an ordinary, average man, endowed with a normal amount of gray matter, which he uses occasionally to his own advantage. The joker in the league resolution that went down in the 49th legislative district was too ap- parent. “At the prices prevailing for three years prior to the war!” ’Most anyone with half an eye can see far enough ahead to know that after the war land will be in great demand. The probabil- ities are that America will see a back-to-the-land movement among its returned soldiers which will far eclipse anything in our previous history. Land values will go sky high, Mr. Townley is shrewd enough to forsee this condition. He undoubtedly would have liked an option on North Dakota’s some fifty million fertile acres, at prices baséd on an average value existing from 1911 to 1914. It would have been a very good stroke of business._ The’ Tribune is more inclined than ever to bet on the sanity and sound judgment of the North Dakota farmer. This fever will pass as other have, and the charitable will forget and perhaps even forgive. All of these periods of social rev- olution carry their lesson, and’ perhaps there is a grain of good to be derived from this present epi- demis. We hope so, and in the meantime we’re going to keep our shirt on.: We don’t believe the farmer is going to give Mr. Townley or Mr. Le- Sueur or Mr. Bowen a blanket mortgage on his farm. Townley’s nose has been bruised consid- erably lately. He has run into one blank wall after another, and ’tis rather enjoyoble to see him revolving in circles and snapping at his own tail. Apologies and explanations always accompany defeat. “Alibi Artis of the tobowban, unless all signs read awry. s snwebeiels —= SATURDAY, AUG: 24, 1918. WIRES ‘ARE CROSSED, WILHELM! ce wict VW | Mirosyyp dP THe ALLIES ARE CRINGING AT THY WONDERFUL Tou SHALT DICTATE ace Lar Ou GREATEST RULER OF To BE, THOU ART ZZ “pp, , LL Pp a INS i ORIES.OH, WILHELM. AT THY OWN THE Word THAN ALL if r\ Me 4 i e) <I “ | N ) l ¢ i {9 i es y I j SATURDAY EVENING LETTER " By Justice J. E. Robinson August 24, 1918. Few and precious are ‘the words of wisdom. And yet,| the majority opinions: is ten times/| longer. than this dissent. Such a long opinion looks and reads like a mere bundle of words;with little or no uni- ty, coherence or logic. State, ex rel City of Fargo vs. Wetz. Robinson, J.: | (Disseinting.) The} purpose of this suit-is‘to secure the, assessment and taxation of motor ve-| hicles in the same manner as other) property. In 1917 the legislature pass- ed an act to.create a Highway Com- mission (Ch. 131),.. And an act im- posing on- motor, yehicles a specific license tax in lied’ ofall other taxes (Ch. 156)’ By the’ first act a High- way Commission is created, with pow- er to construct and ‘improve highways. By the second act, in lieu of all other taxes, there’ is levied on ‘motor ve-| hicles a license tax, of $6. on the first twenty horse, power, and fifty cents) for each additional horse power. . The‘ secretary of state is authorized ‘to| employ agents and to pay all expenses of collecting the:fax| But after mak- ing such payments, the:balance of the money, if any, is divided: into three! parts: One part is..apportioned to the several counties and the rest is put to the credit of the highway com- mission “‘to be paid ‘by the state treas- urer’ upon vouchers approved by the secretary of the commission.” Under the statute the money aliotted to the highway commission is virtually thrown into its‘lap. It is given the key to the treasury and the right to expend, as ‘it did from’ March 1917 to ‘May 15, 1918:. For drawings * . «$50,480.00 Kor road work .. se 335.21 For the years 1917°and:1918 the mo- tor tax is $722,753.00: Those acts are subject, to many grave and serious objections. Indeed, they are. in direct,conflict with sever- al sections of the constitution and the fundamental principles of law gov. erning taxation. Under the constitu- ‘tion no act.may embrace more than one subject, which, must be expressed in its title: (Sec: 61). And yet the title to Ch. 131 does manifestly em- brace several subjects: The title is an act:—(1).To create a Highway Commission; -(2) To fix’ the slary of the, State Engineer; (3) To provide for disposing of fines and penalties; (4) To assent to an act of congress; (5) To provide state aid in the con- struction and repairs of roads and bridges (6) To amend and repeal half a dozen sections of the compiled laws. Such_a title speaks for itself and shows beyond question that the act ‘s void and hence in law there is no high- way commission. Now for each year the:state tax levy must not exceed four mills on the dol- lar of the assessed valuation of all tax able property, and a sum sufficient to pay .interest on the state’ debt. (Sec. 174), But how can that limita- tion have any force. or effect if taxes may be levied on motor vehicles or on other property without any assess- ment; and if one kind or class of prop- erty may be subejcted to a tax levy without an assessment, what is there to prevent a similar levv on ail kinds or classes of property? If we may levy on motor vehidles a specific tax of from six to sixty dollars, what is there to prevent a similar, levy on ev- ery other kind of property? And if we may levy a tax on city, property to make country roads,‘or to fill the pockets of a commission, why may we not levy a tax on country, property to pave city streets; why. may, we not levy a tax on one class. of ‘people to benefit or enrich another Class? Furthermore, no tax may be levied except in pursuance of law;.and every law imposing a tax must state distinct- ly the obejct.of the same, -to which enly it shallbe applied. >:(Sec.. 175). Yet the law imposing a. motor vehicle | tax, to.an‘amount sufficient to pay nearly all the nécessary expenses ot the state does not state how: ft shall be applied. Its application is left mainly to.the discretion of ithe secre- tary of state and the highway commis- sion. Under thé tute the bulk of ry when and where as they may please. The only limitation is that ninety per sent shall be spent in. several coun: ties in proportion to the amount col- lected ‘therein. “Ten per, cent of the fund shall be spent according to the discretion of the commission,” and “none of the! money shall ‘be expended within the limits of any. incorporated city or village.” The money is to be paid-on-vouchers approved -by the sec- retary of the commission; ‘though the constitution provides no money shall be paid out of the state treasury ex- cept upon appropriations made by law, and on a warrant drawn by the proper officer=the state auditor. (Secé 186). Of ‘course, the statute does contem- plate that the bulk of the tax shall ibe used for the construction or improve- ment of:eountry highways, but the people have not by a ‘two-thirds’ yote authorized the use of the. money in that way, and under the constitution the state may not engage in any work of public improvement unless author- ized by a two-thirds vote of the peo- ple. (Sec. 185). A snapshot of Wallie Allman, er: vacation, “I’m through with this guy Allman, Helen. If I ever play golf with him again my name ain’t Tom Duff.” “Why, what's the matter, Tom?” “Well, it’s just this way. I took on Allman for a nickel a hole this morn- ing. I was one up at the seventeenth and he sliced his drive into ‘the rough. the money should go to a commissio that is left entirely free to expend i He can’t play golf? 'disway. ‘ “I’sneaked over when he went after must be taxed by uniform rule, ‘accord- ing to its value in money, and there may be no exemption of personal prop- erty in excess of $200 for each individ- ual. (Sec. 176) And _ all property must be assessed in the county, city, town, village or district in which it is situated in manner prescribed by law, except railroads and other pub- lic utilities, which ‘are ssessed by the late. board of equalization. (Sec. 179). By vote of the people in 1914 the first’ sentence of Section 176 , "was amended to read thus: “Taxes shall be uniform upon the. same class of property, including franchises within the territorial limits .of the authority levying the tax.” Under this innocent amendment, of course, the legislature may classify property for the purposes of taxation but it may not dispense with an-assessment.. ‘The amendment does fairly. contemplate, a classifica- tion of property for assessment and taxation purposes, and under it an act was passed dividing all property into ‘three classes: The real -estate class—to be assessed at thirty per ceat of its value; the personal proper- ty. class, at 20 per cent; the non-pro- ductive class of household property— at five per cent. (Ch..59, of 1917) Mo- tor vehicles are in the second class and they must be assessed at twenty ‘Moreover, all individual property | per cent ofjtheir true andi full value, ALLMAN CAN’T LOSE TOM DUFF EVEN ON A VACATION eator of “Doings of the Duffs,” on his Wallie is an enthusiastic golfer. {the ball. He had a rotten lie all right. His ball was in a little hole. He couldn’t of dug it out with a shovel. “‘Nobody looking,’” he said, and dug out the ball and put it where he could get a good swipe at it. “Well, he beat me and I’m off him for life.” | ..,“Well, Tom.” said Helen, “I've no- |ti¢ed’ that about the best golf friend you have is old ‘General Alibi.” and they. may rgerwe7ygaen taxation. Under ald ieee aay 1 4f amendment, approved, in 1914, every motor vehicle, like other personal property; must ‘be assessed in the county, city. township; village or dis- trict in which it is situated, and in the manner prescrived by law. (Sec. 179) When the assessments are made, then taxes may, be levied in pursuance of law by the state and by the sev- eral municipalities. Aside from the small sum necessary to pay interest on the public deft, the slate may levy no tax in any. one ear in excess of four mills on the dollar of the assess- ed valuation of all the taxable prop- erty. Sec. 174). It may not. levy tax- es for counties, cities or other muni- cipalities or take the control of their affairs; because their existence and those rights are imbedded in, and guaranteed by, the constitution. True, the state may, by general laws pro‘ vidg for the organization of municipal corporations and restrict their power to levy taxes and assessments and to vorrow money and contract debts. (Sec. 130). But that is not a power to destroy the municipalities, to’ manage their affairs, or to levy and disburse their taxes; and most assuredly it is not a power to levy taxes on one mu- nicipality or locality for the special venefit of another. In the majority opinion it is said of those limitations of the constitution: “If they are still applicable, as we think they are, they will necessarily preclude the legislature from taxing a great amount of property according to such a method as is employed in the instant case.” This is\an admission that thé tax is illegal and void, with a hope that the legislature may not do it again to any great extent. For. if this method. of taxation may not be applied to all other property, it’ must ‘be in’ conflict with the uniform meth- od of the constitution. Indeed, it is in no way possidie to sustain the mo- tor vehicle tax by a single point of law or logic. For under the plain words of the constitution there can ‘!be no tax without an assessment. Finally, if the state may— levy a specific tax'on motor vehicles or on one class of property, “to be in lieu of all other taxes, general or special,” then it may in like manner levy a similar tax,on any other class of property, and in that way deny to every municgpality the power to levy any tax. It may virtually destroy every municipality by depriving it of any resources, collecting all its taxes and giving the same to a commission to be used according to its discretions, but not in any city or village. As the argument shows, the specific motor vehicle tax, which the statute imposes without anv assessment. is in direct conflict with all the fundamental prin- ciples of taxation, as guarante by the constitution. _eHneé, the tax and the statute are illegal and void. That is all-as clear and as certain as it 1s that twice two is four. ———suy w. 8. $$$, KULTUR (From the Berlin Tageblatt) Molesting peaceable pedestrians, rushing up against them like mad bulls and hustling them, have ever been favorite forms of rt on the part -of young Germans, by whom these. diversions are known as jos- tling. ¢ By way of variety, thel sometimes indulge in the amusement of placing stones on the railway to cause a train tobe derailed., All these pre-war rec- reations of our boys and maidens were bad enough, but now they have added another form of “sport” to their program. They ‘have taken to hurling hand grenades at passenger trains. A Ham-, burg bound ‘train on approaching Hal- tern station was subjected to quite a volley of these dangerous missiles. Windows were smashed, and three passengers were seriously wounded. The. train was instantly. stopped, but the little wretches had vanished. To what length is this ruffiansm to go before the authorities lay a heavy hand on the culprits? BUY WS See a 2. Invention Constantly Improved. The storage battery or electric ac- cumulator of Faure was first exhibited in London 87 years age. Since then the invention has been greatly tm- proved by ‘Edison and others, and 1s now successfully applied to the opera- tion of street cars and other uses, DIZZY—WRECKED “| HIS AUTOMIBILE “Two years ago my stomach trou- ble got so \bad that 1 was almost. con- stantly filled with gas. This made me very dizzzy at times. Last Fall I was almost overcome by one of these dizzzy spells while driving my car, and ran in into a telephone pole, badly wrecking the car.- A friend recom- mended Mayr’s Wonderful Remedy for my trouble. Since taking ‘the first dose I have steadily improved, and feel better now than ever in my life.” It is a sfmple, harmless preparation that removes the catarrhal mucus from the intestinal tract and allays the inflam- mation which causes practically all stomach, liver and intestinal ailments, including appendicitis: One dose will convince or money refunded. COMMENDED For, BRAVERY IN ACTION, : No. Hf. You's HAVE TO EXCUSE M0.023, SHES WO HOURS THE Courrtous RAW EMPLOyE | \