The Bismarck Tribune Newspaper, September 21, 1918, Page 4

i ene ieenens inane Rens ntssceloanewicncecamenaieaoee ermrmocoN HE BISMARCK TRIBUNE GEORGE D. MANN - - - -____Eéitor G. LOGAN PAYNE COMPANY, Special Foreign Representative NEW YORK, Fifth Ave. Blig.; CHICAGO, Marquette Bldg.; BOSTON, 3 Winter St.; DETROIT, Kresege Bldg; MINNEAPOLIS, 810 Lumber Exc 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- shed herein. All ‘Tights of publication of special dispatches herein ere also reserv ed. All rights of publication of special dispatches herein, are also regerved. MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE Daily by carrier per year Sale eiscbes: 290.0 Daily by mail per year (in stata) £00 ear . <4 Daily by mail Satside of North Dakota....... 6.00 UBSCRIPTION RATES SUPE North Dakota) One year by mail.. Six months by mai Three ths b; cea (outside of North pret Six months . Three months . bbSs BES S85 Hon Six months . Three months . One month eeeeee THE STATE'S OLDEST NEWSPAPER. © (Established 1878) a> oS A REAL PROBLEM. You have problems of your own. And. to all of us, it seems that our probiems hardest to bring to a pleasing solution. We inclined to the opinion that fate handed us the worst, the most tangly sort. But that isn’t true. Others have equally difficult problems of their own. Some are even worse than ours. For in- So have we. are are stance: “My husband has grown whiskers and all I can say or do will not make him cut them off. They get in the soup and are awful.” | That’s a letter from a rural reader of a country weekly. She asked the editor to lay aside his sterner task of solving (editorially) war problems and the right location of the village postoffice, to tell her the best way out of the difficulty. The country editor tackled the job. He wrote a column and a half agreeing with the distressed wife that “whiskers whigh get into soup are aw- ful,” but he wound up by admitting;Mintag|f un- able to cope with the perplexing questi ? What would you advise, Mrs. City Wife? Run the lawnmower over Friend Husband’s face some afternoon when he was taking his sietsa? | HUN war chief declares “crisis might be worse.” The CRISIS will be worse! WILHELM MUST SUFFER! , Apart from the iron will of the United States government to destroy Prussian militarism, here is the transcendant reason why President,Wilson could entertain no other thol¥ght thangyrt re- jection of Austria’s malevolent peace proposal : This is a PERSONAL war: It was forced upon a peaceful world by the PER- SONAL ambitions of Wilhelm of Hohenzollern, ably aided and abetted by Franz Josef of Haps- burg. Franz Josef, it is to be hopee, is paying the pen- alty for his crimes in the other world by a tew years. But Kaiser Wilhelm MUST BE MADE TO SUF- FER in this world as well as in the next} He must pay a PERSONAL penalty for a PERSONAL crime—the most atrocious in the world’s history. The chances are that when his armies are crush- ed the kaiser will lean on the trusty sword he talks so much about and defeat the allies’ purpose to make him suffer. Nothing short of that event must be permitted to sway the allies in their PERSONAL fight for the head of Wilhelm the Damned. There must be no sentimentality about it. Was the kaiser sentimental when he ravished Belgium, sank the Lusitania? Tearing him limb from limb would not, be too brutal, if the punishment were made to fit the crime. The penalty can be left for the future to de- cide. It is sufficient now for the allies to bend every effort toward the PERSONAL punishment of the maniac of Potsdam. Already the artful HUN propagandists are be- ginning their campaign to awaken sympathy for their hated leader. Stories of the illness of the German empress, of the care-worn appearance of the kaiser’s face. of his hair turning white; rum- ors of his abdication—all may be set down to HUN propaganda. These early: efforts to gain him clemency must fail. The allies must be a stern judge in passing sentence. No neutral should be allowed to give him asylum. There must be no Flba from which Wilhelm, like Napoleon, can return to vaster pow- er. The St. Helena to which the kaiser goes must be for him the last jumping-off place. One of our war reporters cables that the heavy rains are giving the Germans ‘time to bury their _ dead. They didn’t need time to bu their hopes ; Foch, Haig and Pershing did that for ’em. "jae allied command is not “Forward.” but “Foe- Bae a ee | ito a restricted district in central Europe; the lan- WHY NOT GERMAN:; There ought to be no need of explaining why the German language must NOT be taught in American schools—even though P. P. Claxton, U.S. commissioner of education, says it should. However, we'll explain. We teach foreign languages in Amerian schools because we expect, the pupil to make some USE of them. It is obvious that the languages they can use most will be the languages most widely distrib- uted. The languages most widely distributed, next to English, are Spanish and French. Fur- thermore, our nearest neighbors are people who speak Spanish and French. Yes, there are a few more people in the world speaking German than speak either Spanish or French; but the German-speakers are confined guages of the new democracies in America and! elsewhere are English, or Spanish, or French—or! Portuguese in one case. If we expect that these free nations, our pres- ent allies, our future partners, will drop their epeech and adopt German, we then must expect that German influence will dominate these democ- racies—which would mean that German influence would dominate the world. And that won’t happen! Therefore, the teaching of German as a foreign tongue in preference to Spanish and French is not only unpatriotic, it is nonsensical. It is nonsense to teach German in the schools —unless we expect a German victory. i Because the defendant had fifteen shirts, a Georgia judge ruled that he should pay $40 month- ly alimony. Probably the only thing that saved him from a more sévere decision was the court’s neglect to inquire further into its victim’s ward- robe. Alabama moonshine whiskey sells for $382 a: quart. Must be mighty STRONG dring to carry a price that HEAVY! A German general, surprise-attacked fled in his| pajamas. The German army may not be outfitted with night shirts, but that it is “retiring” there is no doubt. EDITORS | WITH TH BILL HAYWOOD’S “COMRADE” Fellow Worker: Have just returned from Des Moines, Iowa, and am very glad to be able to report that all of the cases there are disposed of favorably and the boys at liberty. I think the Defense committee is satisfied with the handling of the case. Of course, it was not one in which any labor principle was involved, and ,therefore, the fight was sim- ply made to get the boys out. My expenses for the trip were $34.30, and if you will send me check for that it will clean the matter up. ae How are you coming with the Minnesota proposition. I hope you don’t start anything until the year has expired. This damned war business is going to make it mighty hard to do good organization work or good radical work of any kind, but I think the fight should be now centered against spy bills and con- scription. ‘ Have you heard from Pennsylvania with Powers of Attorney? Yours for industrial freedom. } itArthur LeSeuer. ALY. Does the foregoing letter convey to North Da- kotans that Bill Haywood’s friend passed upon all the legislation enacted in North Dakota at the last legislative session? It should. Arthur LeSeuer was the chairman of the so- called legal committee of the Nonpartisan caucus. Every bill intended for presentation by Non- partisan members went to this committee, and had to have its approval before it was submitted to the house. Arthur LeSeuer was the man who set at the head of the table and said “thumbs up” or “thumbs down.” He was virtual dictator of the legislation for the state of North Dakota. The man who addressed “Big Bill’ Haywood as “Fellow Worker” held the political destinies of our commonwealth in his hand. At least a dozen measures aimed at the I. W. W. were submitted to that committee. Not one of them ever came out of the committee. Does the “Fellow Worker” letter explain why? It should. Haywood is now in a federal prison, but his “dear fellow worker” is “carrying on” outside the walls. He is still high in the councils of the Non- partisan league and one of the three or four men who dictate its policies. If Governor Frazier is re-elected this coming fall, Bill Haywood’s friend will again be dictator cf North Dakota if he cares to be. é Does anyone imagine that Governor Frazier i SUPREME COURT. against the renewal note anl defenses may have had against the enforcement and collection of the original note. As er of the note, where the holder of OH, 1 GuESs | i, GooD YET’ = AN ESSENTIAL OCCUPATION —. hg | +. world, peace and democracy. 1918. : By the Governor, THOMAS HALL, 4 Secretary of State: 2. FROM WILLIAMS, COUNTY. The Scandinavian American Bank of Fargo, North Dakofa, a Corporation, Plaintiff and Respondent, vs.» 3 Simon Westby, Defendant and Appel- lant. Syllabus: (1). The giving of a re- newal note does not create an estop- pel so as to prevent the urging which the maker of the renewal note between the original holder and mak- WON’r WEAR EM. ANY MORE ALTHOUGH THEY’RE PRETTY ’ A PROCLAMATION The Fourth Liberty Loan Campaign affords another, op tunity for the people of North Dakota to again assist the National Government in its prosecution of the war. to aid the carious branches of war work has been enthusiastically met and subscribed to by our people, and the opening of this cam- paign will find them willing and eager to purchase not merely their allotment but to oversubscribe as has been done in the pre- ceding Liberty Loan Campaigns. Tn this work let each of us do what we are called upon to do as quickly and efficiently as the boys who are in the active ser- vice perform the duties assigned to them. This is our war, and! it is our army and our navy that we are equipping and main- taining. Hitherto it has ben the custom to continue the “drive” tarough | several weeks, but now the organization of committees plete that this work can be done in a single day. For that purpose SATURDAY, SEPTEMBER 28TH, is hereby set aside for the so- licitation and. subscription of bonds and shall be designated LIB-| ERTY LOAN SUBSCRIPTION DAY throughout North Dakota. | On that day I-trust.that all citizens will cheerfully.assume their share of the obligation the was has placed upon us, and give all assistance possible to make.this day a complete success. Qur sol- diers are winnigg great victories in France. the limit in this campaign and by our earnest.cooperation demon- strate that we are also a part of the immense army fighting for | and sent to the penitentiary without # such original note or obligation has EVERETT TRUE Bur < BIG WAR FUNDS. DON'T SSE ANY SEN THs FEVERISH SCRAMBLE To Raise THE GREAT“AMERICANH OME.) * MAKE — Every drive for funds is,so com- Let us back them to Done at the Capito] at Bismarck, this 19th day of September, LYNN J. FRAZIER, Governor. not parted with anything,of’ value or jassumed a more detrimental, position by reason of the taking of the renewal note, any defense to or infirmity of the original note which might have been opened to the maker of the original note, in the event he had not been sued thereon, is equally open and re- tained to him where he has executed jthe renewal note and suit is brought upon the ‘renewal note. ; (2). Bank stock is ordinarily pre- sumed to worth par until the con- trary appears by competent evidence. (3). Where one becomes surety up- on a negotiable instrument and at the time of entering into the contract of suretyship, the holder of such nego- tiable instrument has additional -se- curity for the payment of jthe— NE SucH THE GERMANS ARS LICKED RIGHT Nowe, would veto any legislation approved. by Bill Hay- wood’s friend, or dictate any legislation he op- posed? Does the letter convince anyone who reads it of the serious issue confronting North Dakota? It should—Fargo Forum. * THEN WERE HANGING IN THE CLOSET AND! WAS THINKING | CovLD CUT Them DOWN AND PAIRS FOR HIM Two GooD eo *isuch additional security is in the na- |{ture of a trust fund in the hands of .@ ithe holder of such note to secure the T»,,,{ Payment thereof, and por-' must use ordinary care to protect such ]/ Additional security and not : such holder permit such security to be lost, converted or deteriorated by want of ordinary care, and must use ordinary care to prop- erly preserve said security in order that the same may be applied to the discharge of the original obligation or if the original obligation is dis- charged by the surety, then such ad- ditional security should be protected, preserved and cared for by the holder of the original obligation by the exer- cise of ordinary care and prudence with reference thereto, in: order. that “eo Pe September 21,.1918., In_ my last letter I gave the press and the people my opinion or decision in the tinlay- son case. As I think the reasoning shows conclusively and to a demon- stration that under. our constitution, no person may be convicted of crime trial by jury. Thus far no one has attempted to point out any error or flaw in the reasoning, and I defy any one to do it. This week my theme is on the writ- ing of judicial decisions. What do you know of that; how is it done; what is its object und: purpose? In matters of legal dispute, as you do know, ‘it is the business af judge to evidence, the probabilities and to de- termine the controlling facts, the law and the reasons. Under the constitu- tion when a cause or matteris con- sidered and decided, the reasons must be concisely stated in writing, signed by the judges and filed so as to be come a public record. Then it be- comes a decision. When the decisions become so voluminous as to make a book of 700 pages, they are commonly published in book form at the expense of the state. The books are numbered consecutively and are known as N. ~. or North Dakota Reports. The de- cisions are also published in — the Northyestern Reporter which sells to all ‘lawyers .of: all the northwestern states and to some lawyers in every state. “As I reckon, all the booking and “publishing of the decisions does cost the dear people twenty dollars for each page. Hence, in the constitu- tion it is provided that the reasoning of a decision shall be stated concisely. .f a judge wants to spread himself by ‘a commentary on the law, he should do it by publishing a “book at pis own expense. In a law suit there. are commonly ‘only ‘two or three controlling and ma- terial ‘points of law and o ffact, and to those the judge should limit his reasoning. ‘However, at law, as in politics, it is mot uncommon for the judge or the lawyer to over-look or ig- nore the main points of the case, to | set u pand knock down men of straw. In. the Motor Vehicle case the de- cision of thirty-seven pages evaded or snowed under the real question which was this: Does the constitution per- mit the state to levy a tax on prop- erty without an assessment ‘of the .same in the manner prescribed by law? In the decision there is not a “'Ssingle sentence nor a shadow of rea- soning given for the conclusion that the state may levy a tax on property iwthout an assessment. It was taken for granted that the right to levy on property a specific tax without an as- sessment was given by the recent amendment to the constitution provid- ing for the classification of property. But no attempt was made to argue that the levying of > specific tax is a classification and indeed, it were absurd to say that the state may class- ify property bya levy of such a tax distasteful features, consider and waive the testimony, the’ Don’t Let Catarrh Drag You into ‘The real dangér comes from the tendency of the disease to continue) its course downward until the lungs| become affected, ‘and. shen dreaded| own experience has tau ea that the disease cannot by. SATURDAY, SEPT..21, 1918. {the surety: may, reimburse ».-himself .} from such addi Appeal from judgment of the district court of Williams County. Hon. Frank E. Fisk, Judge. | Reversed. | Opinion of the Court by Grace, J. | Christianson, J:; Bruce, C. J., and | Birdzell, J., concurring specially. John J. Murphy and H. W. Braate- lien, Williston, N. D., and Middaugh & Coger, Duluth, Minn., attorneys for defendant and appellant. Pierce, Tenneson & Cupler, Fargo, attorneys for plaintiff and respond- ent. ; i s ing dischar; FROM CASS. COUNTY. (Case _No. 1.) James Kennedy, James P. Reynolds, ; Mrs. James P. Reynolds and Clar- i; ence Dahl, Plaintiffs and Respone-. ents, vs. City of Fargo, a Municipal Corpora- jtion; Alex Stern, R. B. Blakemore, J. |. J. Jordan, D. C. Mills and O. M. Strate, as City Commissioners of | the City of Fargo; F. L. Anders, City | Engineer; W. H. Shure, City At- torney;, George L. Tibert, City Build- { ing Inspector, all of the City of Far- i go, Defendants and Appellants. | (Cage No. 2.) {City of Fargo, a Municipal Corpora- j ation, Plaintiff and Appellant, i i i vs. ; James Kennedy, Clarence Dahl, James P. Reynolds ahd Mrs. James P. Rey- nolds, Defendants and Respondents. ; SyHabus: (1). Whatever space in 1a public’ place in a city is. set apart forthe use of the public ‘as a side- | walk, the public has a right to use in {its ypntirety, free from any and all unauthorized obstructions and _ this, jeven though the fee to the street may ‘be in adjacent property owners and not in the public. (2). A city {s not estopped by ,rea- son of its. past failure to enforce its ordinances against the obstructions of sidewalks from subsequently removing all obstructions therefrom. (3). Under, the provisions of Sec- tion 3818, Compiled Laws, 1913, the city commissioners o fthe City of Far- go have the power to compel the re- moval of areaways which encroach upon the public sidewalks. Cross actions to enjoin the obstruc- tions of. a: public sidewalk, and to prohibit the, city officials from inter- fering therewith. Appeal from the District Court c? Cass County; Hon C. M. Cooley, Judge. City of Fargo appeals. Reversed. Opinion of the Court by Bruce, Ch. J., Grace, J., concurring in the re- sult; Robinson, J., dissenting. Spalding & Shure, Fargo, attorneys for The City of Fargo. Lawrence & Murphy and Barnett & Richardson, Fargo, attorneys for prop- erty owners. SATURDAY, EVENING LETTER ustice J.-B; Robinson : ? XN as $10 on motor vehicles; $5 on other vehicles; $5 on‘ horses’. $5 on cach ‘acre of land. Such a levy is purely ar- ‘itrary and itis no classification at all. The manifest and gross error of the ‘motor .vehicle decision resulted from ‘the making-of such a decision without’ any ocnference' of the judges, and ‘from making it so ‘long as to ob- scure and‘show under the real points. Eecause under otr constittuion it is manifest that there can be no levy of @ taxon any: class of property’ with- out an assessment. In drafting a decision, it is not un- common for a judge to give a. literal copy of the complaint, answer, find- fi , letters, testimony and a copy of w"long statute. Of course that is eas- jer than to state the gist or sub- stance of such things, but as a rule such a composition is slovenly and slip-shod; it shows no just regard for time or expense; the time of the read- er and the expense of booking the lum- bersome matter. A brief or a decision in proper form , commences with a lucid and coherent statement of the case, the facts and the law in one or two short para- graphs, The reasoning or discussion may cover three, four or. five para- graphs. The final summary of conclu- sion, one paragraph. The whole «nay not exceed four or five pages and of course it must be all lucid, coherent and in good marching order. A decis- ion of twnty or..thirty pages is an abomination. It is never read. The press never. publishes it and if is commonly full of error. Concisely is the watchword of the constitution; the reasoning must be BUY W. 8. 5. [PEOPLE'S FORUM | SHOULD WELCOME ‘AUDITOR. . Driscoll, N. D. Editor Tribune. Dear Sir—If Townley has only been receiving :$300 per month salary from the league and its various auxiliaries he should be‘the first to invite a court examination of the league records. If this fs all he has. received he would stand vindicated, but’ if he fears such ;an examination would disclose the opposite his opposition would be only natural. %f the inside affairs of the leagué have been honestly adminis- tered an examination would not pro- duce any political capital for anyone but Townley. Instead of ‘being injur- ed he would be benefitted. If it has not been operated as claimed, it is high time the farmers found that out. It would almost seem natural that the farmer members,’ themselves, would’ join hands in demanding an ex- amination by someone not chosen by Townley nor, paid by Townley to pro- duce a ceftain report. Anyone whose accounts are honestly kept is always willing’ and pleased to welcome an auditor. A_FARMER. Consumption A Its Dangerous Stage. |sprays, fonalers, stomizers, jellies Y is a more serious stage of|and other local eppitntee Catarrh than the an 5. S_S-has proven s most satisfac. or