The Bismarck Tribune Newspaper, September 14, 1918, Page 4

FOUR’ THE BISMARCK TRIBUNE] ittered at the Postoffice, Bismarck, N. D., as Second Class Matter GEORGE D. MANN - - - - Siitor “~~~ @, LOGAN PAYNE COMPANY, Special Fore Representative NEW YORE Fifth Aree Blage, CHICAGO Bldg.; BOSTON, 8 Winter St.; DETROIT, Kresege Bldg.; MINNEAPOLIS, 810 Lumber Exchange. EMBER OF ASSOCIATED PRESS The Associated Press is exclusively entitled to the use fer republication of all news credited to it or not, otber- wise credited in this paper and also the local news pub- herein. ‘All rights of publication of special dispatches herein age also reserved. All rights of publication of special dispatches berein are al . MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANGE Daily" carrier per year Daily A Dail: il Dally by mail Bstalde of North Dakota. SUBSCRIPTION RATE! (In North Dakota) . gee 8333 OLD: (Established 1873) \ Sas cad LEVITY, BREVITY, CHEER. ‘ Once it was accepted that a nation must laugh. Countries, like individuals must batten and fatten on clever bits by clever wits. i a At this time, however, after-echo laughter is in exceedingly bad taste. There is no situation that can cause uproarous mirth and levity. - The sun shines just as brightly but things are ; not regarded lightly as heretofore. The nation, to a man, is living to a purpose. Where loquaciousness once held forth and sum- moned sundry chuckles, brevity replaces levity and smiles succeed loud laughs. This does not mean that the solemnity of war should depress us. Rather, we may well be elated with FREEDOM, FOR ALL, FOREVER now in sight. But that elation has no relation to revelry. Its expression can best be termed cheer—let’s all feel it; communicate it to others, nurse it asa spark against the Great Day when Victory will flash it to a flame of ecstasy! . He who opposes war tax on war profits is slack- - er, shirker—and squealer. | oe “A GOOD FRONT.” : _ A famous self-made man once declared that if he:were out of a job and had ‘only $20, he’d spend the’$20 for a new suit of clothes because he knew how important it was to make a.favorable first impression—that is, he would put up a “good front.” And that’s all right. ‘But another man—who lived a long time ago— but whose influence will probably be felt long after the self-made man has forgotten, made this observation: “If I had two pence, I would buy bread with one and with the other I would buy white hyacinths for the good of my soul.” .The difference between the two men was that the one was concerned chiefly about the outer man, while the other was carful about the inner man. * Both bits of advice are valuable and both are necessary. But the old sage who advised that the inner man be built up first was the wiser of the) % two, for the soul of a man is of greater import- ance. You can’t hide a starved soul by putting up a good front—it’s bound to show through. And, to those who see, it makes a man look| hungrier and more pitiful that he who wears a “shiny coat and dines on a crust of bread. There is greater reason than ever before that we should do our OCbristmas’ shopping earlier. “CROUPY” DAYS ARE NEAR. | The usual case of croup in a child is really only what is known as “false croup.” True croup is the same as diphtheria. An attack of ordinary croup is preceded by hoarseness and a loud rough cough, which, from its peculiar sound, has been called “croupy” cough. The attack comes on usually about midnight. The child is awakened from a sound sleep by coughing and violent efforts to get his breath. The face becomes blue and presents an anxious appearance. These symptoms usually cease abruptly in an hour or two and the child resumes its sleep. The attack may occur night after night. Simple means’ have a wonderful effect in re- lieving the spasms. Sometimes merely passing , the finger down the throat will have this effect. A warm bath may break up an‘attack. The best method, however, is to give a teaspoon of tincture of ipecac, followed by a little milk. This - causes vomiting and relieves the condition. ~~ / + Local applications of ice water or a cold com- press will often prevent attacks. © - A mild mustard plaster applied to the. throat _~ and chest may act in the same way. If a child im especially subject to this condition, it is sometimes best to use steam from the so- sss &88 sss REAL LITERATURE. If you did not read Corporal Arthur Hartley’s letter from France, turn back to’ your Friday’s Tribune and look it up. This is real war litera- ture. The Bismarck boy has told-one of the most interesting stories of actual warfare that we have yet read ,and we have closely followed the work of some of our best war correspondents and fic- tion writers as it has appeared in our national periodicals. If you would like to Know what war is, and the spirit in which our very own boys are entering it, read what Arthur Hartley, one of our very own, has to say of the beginning of the Marne drive. [It appeared on the editorial page in Friday’s Trib- une, and it will interest everyone who has a loved one already there or who himself is planning to go. 18-to-45 has registered ; “America won't fight,” eh, kaiser? SAVING “GAS” AND $ One of the chief enemjes of gasoline saving is the fellow who lets his car or truck motor run |when the machine is standing jdle. This practice seems most common among truck drivers. Very few trucks are equipped with an electric starter, consequently if the driver shuts off his motor on making a stop he i& forced to use a little energy to crank his motor when starting. Practically every city has an ordinance against letting motors run when a machine is standing unless a responsible person is left in charge. These ordinances-should cover all machines and all con- ditions. It should be made unlawful to permit the motor to run when a machine is not in motion regardless of circumstances or conditions. — If there is but an extra half-gallon of gasoline used per day by this uncalled for practice, by elim- inating it it would mean a saving on the 5,000,000 cars and trucks in this country of 2,500,000 gal- tons per day or 912,500,000 gallons per year at a financia] saving of $228,125,000. Isn’t it worth the while? Thank goodness, the males going to France are not delayed! THE HAMMER TAPPER. sumptuous pest pops up persistetly, despite the tolerance of changed conditions that is evident all around him. ee i : Service; better service, more service, swifter, smoother, qui vive service is his wail and loud lament. ~ : : ase anvil chorus’ condemnation: of: government rail- road control bécause Uncle Samuel delivered him at Atlantic City, 30 minutes ‘late. That ‘the. Old Gentleman in striped trousers now and then lops 30 weeks off the ultimate dura- tion of the war by delivering MEN, munitions and food ahead of schedule, never occurs to this dippy When you hear him yow! for service, suggest to, . him that he can see SOME service by donning khaki and gunning Kline! Persuade this dapper yapper and hammer-tap- per to muss himself a little mussing up the kaiser’s dreams and schemes for a Teuton ter- restrial tyranny. Tie a can to the kaiser—and make it a can of high explosive explétives with a one-inch fuse of invective ignited with the scorching flame of lurid language! “Americans are dollar chasers,” yelled German writers and speakers.’ Also, they’reemighty good HUN chasers, too! 5 METHOD. i When the world first started to twist and bank the curves on its course around the solar center, chaos reigned. ‘Out of chaos came order. Then life branched from life; each to perform its separate function necessary to the whole. From the outset, nature appreciated the value of specialization. METHOD is her MOTTO and she gets things DONE! i ° The seasons: serve nature as domestics. Four times each twelve month they set her house in order; and work attractive change in’ its. fur- nishings. daily life inject large quantities of METHOD. A pefiodical “housecleaning” will work wonders and bring: to light unsuspected treasures in his “GARRET.” , No matter how much’ he used UP- STAIRS, dark corners go unexplored and dust collects on his cranial rafters. Z ‘A session with the broom of INTROSPECTION —a sweeping glance within. oneself—unfailingly reveals new ways to arrange the furnishings of the mind—THOUGHTS. A man. must THINK ‘methodically to ACT methodically. A train of thought is an orderly succession of thoughts with a conclusion for ca- boose. To handle worthwhile trains of thought, the fire of desire must keep pressure of ambition on the brain boiler of man’s mental locomotive. But émbition to an UNSYSTEMATIC intellect is wasted energy. METHOD is the short cut, the straight line to:accomplishment ; men with method KNOW; because METHOD eliminates uncertainty.) The haphazard, hit-or-miss, catch-as-catch-can|, ‘mode of:life and work is in disfavor. Efficiency ers. .But if airplane and/| is the yratenord. and METHOD belts efficiency. Tie'a can to the kaiser!. This pugnacious, presters: He switches; to a sledge and smashes out an} ¢, dipper irfto Atlantic City’s surf. [anche Man may well pattern after nature, and into NS SATURDAY} SEPT! 14)'1918. CRS SATURDAY EVENING LETTER By Justice J. E. Robinson 1? September 14th;,1918. This Septem- ber month all the judges have been goog and have beet at work like beav- ‘Ai@166#there is*nesodeasion ‘for scolding except In. regard to the length of *some’ jons>In-michigan, ‘'T' note the averagé length. of a decision is just a trifle over two pages; in Min- nesota it is three pages; ~in this: state it, is over’ six pages. The. length) is still_greater than in any other’ state. And occasionally’ we have a whopper or a. whale decision which to book and publish ‘does. cost the’ dear people Onhis' chamber’ door the ld: post.in large letters and repeat, as “he does the Lord’s prayer, these ‘mandates of the constitution— There must, be justice without delay; the- reasons of each decisidn must: be stated” concisely. I. will thank .the press and the readers of this opinion to point out” any error, flaw or fal- lacy. - aoe it 4 State vs. Finlayson. The defendant. was 3 ygharged with the crime af maintaining for the second time a ‘common nuisance contrary to the statute’and the order of the court. He was not prosecuted by ‘Indictment or informations he was denied a trial by jury, and in a summary manner he was convicted and sentenced to serve in the:penitentiary for two years. He appeals. to this court claiming that the conviction is: erroneous and with- out jurisdiction. By statute a place where intoxicat- ing liquor is sold or kept for sale is declared a common nuisance. For the first offense: the punishment is not léss than $200 nor more than $1,000 and imprisonment in the county , jail) not less than ninety days nor more than one year. For the second and each subsequent offense, the punish- ment is not less than one year. nor more than two years in the peniten- tiary. ‘ (Sec: 10, 117). MORNING, SIMPSONS votep YeT ¢ By statute whenever a district judge forbids the keeping of such a common nuisance, then gny person keeping the same ‘contrary tothe statute and the order of ‘the court. is guilty of a.crime} named a contempt. ‘For such. offense; @ person may be prosectted, convicted ‘and sentenced to the penitentiary without any indictment or informa- tion and without a trial by jury. The convicion, may be.on. bogus and hear- say aifidavits: which are made pre- sumptive evidence of guilt. The ac- cused. may ...be ‘required to answer questions. conéerning his guilt and to testify against himself; He may be punished for the first offensé and for the secondioffense to the same.extent precisely as if no injunctional order had“been issued. This procedure is a recent discovery and a most insidious contrivancé for exading the right of trial by“jury and for securing a con- | viction where a jury might fail to j agree. A partisan statute names the crime a contempt, and then provides for a trial of the same in @ summary manner. Under the statute when'a pergon is accused of committing: a crime contrary to law and the order of the court, his right to a trial by jury is forfeited. The forfeiture de- pends on the form Of the accusation and not on the guilt or innocence of the ‘accused. Though the accused be ever so innocent, he cannot demand a trial by jury. J Of course. the imprisonment of two, years is for the keeping of a com- mon nuisance. Wcre it for disregard- inging the order of the district court, it would be no bar. to a prosecution for the real and primary offense. For that offense the accused would still be Hable to punishment by indigtment or information, to conviction by’a jury and to imprisonment for two’ years. But no one claims that the purpose of the statute was to duplicae he of-| fense,and he punishment. Its purpose - By Conde L Can't vote — I FORGOT To. ecifTsr. hor BADLY HURT. he’ “ * $S6nt Contec: {ing to be true that 4Z =~ ESS Ae BSSSESSS SS N was to convict the accused in the most summary manner: without 4 trial by jury. And hence, the crime was nam- ed a contempt. Under a similar statute giving the same name to any other crime, a persons might be accused and convicted of any crime, such as the contempt of robbery, or the contempt of murder. ei In this case we should try to form a clear conception of the distinction be- tween a trial for a crime and a sum- mary contempt procedure. A crime or public offense, is an act which the law; forbids ‘and punishes with death, imprisonment. or fine. §(C. L. Sec. 10285). A-crime is an offense against the state and the state alone may punish or condone it; /a contempt of court—so far as itis not «’ crime—is an offense against the court or judge ‘and he alone may punish pr condone it. A crime is punishable according to the law-of the land; a-contempt— so far as not a crime—ispunishable only according to the will of the’con- temned judge. The same act, as the beating of a judge, may constitute both a crime and a contempt: ‘In such {a case, the judge may condone the personal offense, or punish it summar- ily by fine and imprisonment. . And in accordance with the law of the land, the state may prosecute and punish the. criminal offense. The summary punishment by an offended judge is merely a personal affair between him and the offender. It is not strictly a legal proceeding. It does never con- vict the offender of a crime or brand him as a criminal. By statute in certain specified cases, a contempt of court is made a mis- demeanor. (Sec. 9419). - And in such cases a court of record may summar- ily punish the contempt by a fine not exceeding $250, or by imprisonment not -exceeding thirty days or both. (Sections, 8178, 8179). The statute fixes a definite limit on any sum- mary punishment—It says to” the court. Thus far mayst thou go and no farther. But when the state com- mences a prosecution to involve and call down the penalties ‘of the ‘law, then its procedure must conform to the law and the constitution; then the accused must have a trial by jury and he cannot waive it. He can- not even by express consent ge tht judge jurisdiction to try the case. When a prosecution ts‘for a crime, then it is no summary matter, then if is not a word and a blow. then there must be a strict observance.of those gacred guaranties of the constitution: ‘Sec... 7. The right of trial by jury shall be secure to all and shall 're- main inviolate. Sec. 8. All offenses shall be prose- “| cuted criminally by indictment or by information. . Sec, 13.. No person shall be com- pelled in any criminal case to be a witness’ against. himself. We-need not argue to prove that the right of trial by jury should forever be held sacred. Arbitrary power may not safely be given to any man. It makes him a tryant and a despot; it ruins the character of a judge. ‘As Blackstone has written—In settling and adjusting questions of fact, when entrusted ‘to. a single mbgistrate, par- tiality and injustice have ample field to range in; either by boldly, assert- ich -is not so, or by more artfully suppressing some .cireumstances, stretching .and warp- in gothers,.and distinguishing away the: remainder. ‘ \ In the early days, one. Markuson ‘was summarily convicted of the crime ofscontempt and sentenced to the pen- itentiary for two years. The convic- tion was sustained by a specious and polite decision. (5 N. D, 147). And now in-a Stand Pat way, without de- To GE A VERY 1oUk PERSION—. ~ Seens TO FESL VERY Z KGONLY AN OVERS MQuyT IN REGARD To THE PERFORMANCE, OF HIE Civie DUTY, .| accused for two years. fending it, some of our justices seem disposed to follow the lead of that case. The reasons of the decision do not all appear in: black and white. Here is the gist of the specious rea- soning: It was not the purpose of the statute to punish for a substan- tive offense under the guise of punish- ing for contempt. At common law in & summary proceeding the, courts had power to convict and imprison the That. juris- diction is inherent in the courts of | this state./ eHnce, the statute served ‘no purpose only to give to the judges nerve and backbone—Just think of it, two years» in® the penitentiary—the highest penalty. of the statute, and still as the court said, it was not the-pur- pose to punish for a sudstantive of- fense. *. =; ’ Alas! Then truth and candor wept. And.at common law ‘*> courts nev- er exercised any such jurisdiction. Furthermore, in contempt, cases, the courts of this state have never had any common law jurisdiction. The ar- bitrary power that judges once exer-, cised asa part of the loyal preroga- tive, was. neyer imported to the Da. kotas. ' It was,not in. keeping with the western spirit, of freedom, equality {and independence. Hence, the statute does justly fix a narrow limit to the arbitrary power of judges. ' Finally, the questions presented are these: | 1. Was the defendant convicted of the crime of keeping a common nui- sanse? Ans. Yes. 2. ,.Wasehe under the statute con- victed gf.a felony and sentenced to jimprisonment for two years? Ans. | Yes. shy 3. Was he. prosecuted by indict- ment or information? Ans. iNo. 4. Did he have’a trial by jury? Ans. AN These direct questions and answers may not be artfully suppressed or dis- tinguished away or ignored; they ad- mit of no dispute, no evasion, no equivocation. Under the constitution, as it is, no person may be convicted of any crime and sent:to the peniten- tiary without a trial by jury. Hence, in this case the trial and conviction and sentence were: in. direct conflict with the fundamental. law. Judgment reversed. , ———BuY w. 8. s. Potash From Cement Duet. Extraction: of potash from dust 1s claimed as a possibility. James D. Rhodes, a Pittsburgh manufacturer, claims to have made the discovery, and at his own expense has arranged joining the plant of a cement company at Castalia, O., for the purpose of ex- perimenting for 120 days. The Castalia plant is in the hands of a receiver and it was necessary to get permission of the United States district court before Mr. Rhodes could enter into any agreement with the re- celver, This was granted. ~ Fy Mr. Rhodes said -he. could extra¢t large quantities. of potash for fertilizer from the dust and waste of ‘cement mills that will be of great benefit to the country in increasing the supply. It 1s. understood. that. the United States government {s svatching the ex- periment with interest, ¢ Doge'on the Battlefield. Experiments made in the training of dogs as messengers with the ar mies in the field have, jt is stated, given satisfactory results, The dogs which have proved most receptive under. instruction: are chiefly half- bred collies and retrievers. A rather poor breed of bob-tailed sheep dogs has. also Gone well. All have ‘been trained to perform their errands during heavy firing, both rifles and guns. ‘They can,;be fired over as easily as. the ordinary sporting dog, and, what is quite another thing, they will face fire at close range. Many have shown amazing skill in getting over, under and through all sorts of obstacfeg, including wire, Destination—Berlin.” | H. T. Bennett, a Seymour traveling man, was standing on a depot platform in‘a Kentucky town while a group of colored men were waiting to, entrain, and overheard the following conversa- tion between one of the conscripts and a colored girl who was bidding him goodby: ¢: “Well, Sam, are you goin’ with this bunch? I suppose you ‘are goin’ to France rigtit soon, ain’t you?” the girl asked, ‘ ~ “Not exactly,” replied the soldier candidate. .“I suppose I'll go throught France, bot, you see, I'm on my way 0 Berlin.”—Indianapolis News, © Saved From Deadly Cobra. | A seven-foot cobra interrupted @ game of golf between two military offi- cers at Nungaladon, India, a few days ago. 4 * The: big snake attacked Maj. Wil- Mams'of the Rangoon battalion mill- tary police, its fangs entering the leg of his trousers but fortunately not touching his skin. Lieutenant Colonel Obbard, commis- stoner of Pegu, ran to his friend's as- sistance, and before the snake could strike again he killed it with his mashie, a ’ Italiane Best Physically. —{ In the first military draft in this country the Italians scored highest in average physique: 87 per cent,. as against the American average of 82 per cent. Italian diet consists usually, of bread, macaroni, cheese, much green vegetables and olive oll. Very little meat and Practically ;no sweets are eaten.—People’s Home | Journal, : _— to erect a large experimental ptant ad- , “fp “