The Bismarck Tribune Newspaper, October 4, 1918, Page 1

THE WEATHER GENERALLY rare ld THIRTY-EIGHTH YEAR. NO. THE 242 BIS BISMARCK, NORTH DAKOTA, FRI ALLIES GAIN VACCINATION CASE SOON TO - BE IN COURT State Now Preparing Brief , in Defense of Judge Buttz’ Decision. INTERESTING CHARGES Petitioner Says Vaccine Lymphs Causes Disease; Also * Has Scruples. The supreme court will be asked within ‘the next few days whether the legislative assembly: of 1913: had any legal authority to enact a statute mak- ing vaccination of school children compulsory; whether the North Dako- ta board of health had any legal right in November, 1913, to pass a resolu- tion excluding clilldren from the pub- lic schools of the state “until satis- factory evidence of vaccination has been given the proper authority;” and finally, whether in fact vaccination “‘is highly dangerous and deleterious to health agd uot a preventative against small pox,” and whether it is true that “vaccine lymph contains blood cells and that through the agency’ of. these blood cells or otherwise, by vac- ¢ination persons otherwise and prev- iously in‘ good health are frequently inoculated with and become sick and unhealthy from syphilis, lockjaw, cancer, blood poison, leprosy and oth- er incurable and loathsome diseases.” The actio nwhich will be before the supreme court within a week originat- ed in the district court at Devils Lake in 1917 when Lawrence F. Rhea, by his guardian, William P. Rhea, asked for a writ of mandamus. compelling the city board of education of Devils | ake to’admit him as a student in the public schools, whence he had been. excluded because he could not give evidence that he had been satisfactor-| ily vaccinated. Judge.C. W. Buttz in the Ransom county ‘district court de- clined toissue the writ on the grounds that the petitioner -had ‘not: presented sufficient cause for. action. The act of 1913 objected to requires that “every parent or guardian hav- ing the-care,custody- or-control of any minor or other. person shall cause said minor or other person to be vac- cinated.” This provision, the petitioners and appellants holds, {s “illegal, unreason- able and void.’ It is alleged that vac- cination is inoperative after seven Years and that the law does nbt re- quire revaccination’ nor does it com- pel pupils over 21 years old in the public ‘Schools to be vaccinated. The affiant sets forth as further reason for his refusal to comply with this statute and with the resolution of the state board of health issued under its provisions that he has con- scientious scruples, against vaccina-| tion. ) The defense. which consists of the poard of education of Devils Lake and the state board of health, represented by Cuthbert & Smythe of Devils Lake, Attorney General William Langer and Rollo F. Hunt of Devils Lake, upholds the constittuionality of the legislative act of 1918 and the legality of the resolution adopted in conformity there- with by the state board of health. The defense “believes that Lawrennce F. Rhea has non conscientious scruples against vaccination and that he would be vaccinated and present a certificate of vaccination if his father permitted.” The defense denies that vaccine lymph causes disease, although. it ad- mits that in rare and exceptional cas- es death has been traced to its use. It holds, however, that such cases are overshadowed and outweighed by the permanent good accomplished by the control’ and practical eradication of; smallpor Assistant Attorney General iNOMINATIONS FOR NOVEMBER END SATURDAY) Bars Drop at 12’O’Clock Tomor- row Night for General | Election Race. The bars will drop on nominations ; for the general election in November at 12 o'clock tomorrow night. Afte> that hour no nominating petitions for places on the official ballot can be j filed with the secretary of state. On} Monday the, secretary of state is re- quired to certify to the various coun- ty auditors any additional nominations which have been made by petition since the primary election in June. These nominations include two ment-! bers of the railway commission, nam-; ed by the democrats, and about a doz- en ‘Nonpartisan candidates for the }-~.; islature, nominated by the league in districts where its candidates failed to, get on the ballot in the primaries. BUY W. 8. 3. DEATH RATE IN CAMPS ON INCREASE Spanish Flu Responsible for| Fatalities Throughout Nation —100 Cases in Fargo. | i Washington, Oct. 4—The death rate} in army camps for the week ending; Sept. 3, was 34.4 per thousand, an in-| crease of 30 per cent over the prev- ious week and was due to Spanish flu. There were 1040 deaths as com- pared to-172 the week previous. Re-/ ports today showed the epidemic was! spreading rapidly through the coun- try. Up to noon today, 164 doctors; and a large corps of nurses have been ordered to points where the epidemic is virulent. 100 CASES IN FARGO. | Fargo, Oct. 4—More than 100 cases of Spanish flu, six of which have de- veloped into pneumonia, have been reported in Fargo. The cases so far have been mild, and no deaths have occurred. PASS, UP. GERMANS. Camp Grant, vet. 4.—There is said to be a bit of self-respect even in’the influenza microbe. He has attacked all ranks of the 40,000.men of this camp but has declined ‘to enter the} barbwire enclosure where the German | prisoners are herded, BUY W. 3. 8 — U.S. GRAND JURY CONSIDERS OVER | Fargo, N. D., Oct. 4.--The federal | grand jury which was first called to- gether last spormary and adjourned | and called again in May and again re-! cessed, was recaonvened in Fargo at| 10 o’clock yesterday morning for the consideration of more than 100 cases} which have been prepared to be pre-| sented to, them’ by M. A. Hildreth, ; United States district attorney, at this | session. So-many cases were on-hand at the district attorney's office that it was necessary to weed out the minor cases and only those of greater importance | will be brot before the grand jury; at this time, it was stated. \ H vudge Charles F. Amidon, of the! j federal court, charged the jury before it went into session yesterday morn-} ~~~... 3+ 3 eee SHELLING ‘and riddled it with machine gun bullets, forcing it to land. ing, explaining to the members the, ‘provision of the new amendments to} ithe espionage act, which have been: passed since the jury was recessed inj May, and under which a great number | Foster now is completing the state's hor the cases to be presented to them brief. The brief of the petitioner and appellant has aready been filed by G. W. Young of Park River, Wi iM. Ander-{ son of Devils Lake and Fred H. Hart- well of La Crosse, Wis., counsel for the petitioners. BUY W. 8. 8$——— LANGER FIRST | FLU VICTIM IN NORTH DAKOTA Attorney General Has Epidemic in Mild Form—No Cause for Alarm. | Attorney General William Langer, who had the malady in a very light form, is believed to have been North Dakota’s first victim of Spanish flu. The attorney general entered a local 4 iel F. McGowan, hospital the fore part of the week, suffering from_a malady with charac teristics peculiar to the influenza scourge which is sweeping the east. His trouble responded to -the treat- ment usually given for Spanish influ- enza, and there is little doubt in the minds of Bismarck medical men’ that the epidemic has at last made its ap- pearance in this state. The attorney general's attack was very mild; hej was isolated as soon as the trouble; manifested itself, and it is not believed that there has been any general ex- posure of Bismarck pedple. Mr. Lang- er hopes to leave the hospital today. May Be Plain.Grip. _ Dr. F. B. Strauss, city health officer, today expressed the belief that Mr. anger’s malady was just plain grip, and he stated that to his knowledge jas Janes, Steele; C. will fall. The personnel of the jury is the) same as that which was in session in; May, and is as follows: | J. G. Mundy, Mylo; Edward C., Kaldor. Hillsboro; Robert Evans, ' Hillsboro; David Steedsman, Lari-| more; T. T. Kinneberg, Hickson; | Jonas Lenz, Reynolds; W. X. For-; man, Hankinson;. George Miercourt, | Golden Valley; C. B. McAllister, Es-! mond; J. W. McKay, Gfarton; Wil) liam Bickel, Goodrich; John aMrtin-/ son, alnda; W. A.,Johnson, Beulah; | Frank Teachout, Glencoe; J. J. Bre-; her, Martin; E. H. Kendall, Nor-| wich; W. R. Kerber, enhoft; Thom-| ws Parker, Lis-j pon! J. H. Doering, Goodrich; John} xfooperstad, Grafton; John Cameron, | Bottineau; William Twight, Fargo; | J. B. Winberger, Fargo; Andrew, Paulson. Kenmare; Alfred- Miller, | Fargo; Edward Adams, Moffit; Dan-| Grand Forks; Wil-{ liam Dahlgren, Fargo; Albert Henning, | Fargo; and Claus Schachard, Napo- | on. | Five cases were disposed of.by the} jury yesterday Mr. Hildreth stated Yast) night. 1,800,000 MEN. OW IN Jie hes Washington, Oct. | 4—American| troops. abroad now number 1,800,000 | members of the house military com- mittee were informed today. Spanish influenza in camps and cantonments | will retard shipments somewhat in the immediate future. they were told, | the department having adopted et polity of not sending any men over- there are: no cases of; Spanish influ- enza in Bismarck. seas who have been exposed to ‘or show symptoms of the disease. AMENDMENTS MAY GO OUT, SAYS JUDGE Robinson Declares Secretary of: State Hall is Not Enjoined. From Acting. APPEAR ON SINGLE BALLOT a ea Opportunity Offered for Recall Should Tribunal Give Adverse Ruling. ‘ In an informal opinion given in an unofficial capacity by Justice James| E. Robinson of the supreme court, he! advised the press today that the fact} of the supreme court having tailed to hand down its opinion in the pre-| ceedings brought by ‘Treadwell Twich-| ell of Fargo to restrain the secretary | of state from printing the league’s pro-! posed constitutional amendments} need not prevent the secretary of| state from certifying to the county| auditors these amendments for a place! on the ballot Saturday, when nomina-/ tions for the general election in No- vember close, and when the secretary of state will formally advise 'the coun-; ty auditors “who's who.’ “No temporary restraining order has been granted by the court,” said the justice. “and the secretary is no way restrained from publishing the amendments as required by law or from certifying the amendments to the county auditors for a place on the official‘ballot.” The constitution al amendment ballot is distinct from the ballot upon which the names of candidates for office will appear, and may be separately withdrawn: should the supreme court uphold Treadwell Twichell’s contention that the initia- tive amendment to the constitution, under which the league purposes. to submit its amendments, was not in itself properly adopted by the legis- lature. nor ‘legally submitted to the voters, and that the amendment is in- operative in that it provides no means by which the’ secretary.of state may legally place on the ballot petitions in- itiated ..and - circulated under -this ainendmient. t i It is! a*-foregone conclusion that should the supreme court give these amendments a place ‘6n the ballot, the 25,000 North Dakotans now in military service: will not have an opportunity ‘to vote upon them. as it will be almost impossible. at this late date to get these ballot in the hands of these ab- sentee voters, scattered over the greater part of “three continents, in time to permit them to be returned to '71,000 MOTOR |.” TAGS SOLD IN. | NORTH DAKOTA | Licensing of “Machines Less, } Popular Since Recent Court Decision. i | ; | In round numbers, 71,000 aintome-| i bile tags have been sold for the year; 1918 by the secretary of state's of-| {fice. Im 1917 the number was’ but | 62,990. Applications for tags are now | | coming in at the rate of not more than} 24 per day. The‘ supreme court's re- cent decision holding. unconstitutional | certain features of ‘the automobile reg- ‘istration act and of the statute creat- ing the state highway commission has | jbeen rather damaging to the automo-| | bile registration ~ business, in, the opinion of Secretary of State ‘Hall, who reports that violations of the law; |are now general throughout the state, | and especially in Fargo, where, ac-| cording to reports ‘reaching the cap-} itol, few purchasers of new cars are} investing inlicense tags. IY Wed « SEERUSETO HOODWINK IN KAISER’S ACTION Appointment of Radicals May| Pave Way for New Peace | Proposals. fort by the Kaiser and his advisers to hoodwink the allies) and the German | people into a belief in the democratiz- ation of Germany is seen by observers here in the appointment of Prince ‘Maximilen ‘as chancellor and Von | Scheidmanp, the socialist, and Grover, ectnistr, : centrist, as ‘members of the cabinet without portfolio. It is expected that Germany is about jto make a ne wpeace proposal | dis- ‘guised unde a most attractive demo- cratic program. With these new names on the roster of the rulers of Ger- many, the Kaiser might point to them jas a realization of his recently an- jnounced policy of popular rule, | It is noted -however nothing i | of the relinquishment of power b: military powers. The new officials, whose names make ‘the program at- tractiv , therefore, apparently will be without power as well as witu- out portfolio and the affairs. may be left entirely in the hands of ‘the junkers, a condition that led to the precipitation of the present war. és It is realized there is a possibility that the Kaiser reads the handwriting on the wall and realizing his country jis doomed to defeat, may plan actual- ly to turn over a share of the gov- ernment to representatives of popu- jlar‘rule ahd permit them to try to save | ithe country. | —— Buy Ww. s. 8. DAY, OCTOBER 4, 1918 FIVE MI Washington, Oct. 4.—A desperate ef-|" yp | ticket.aad.thas he thereupon was in-| HUNDRED CASES be canvassed by the local or state can-; ssing boards before January 1. Any! | sara pa ie taken on these amend: | SLATE PAYS HIGH PRICE jments, it is claimed, will not, ther ' ‘ore, be representative of the views) fof at least 20 per cent of the North} Dakota, electorate. mV WSS HALL. CANNOT CAMPAIGN WITH JOHN N. HAGAN Secretary of State Thomas Hall. who led Governor Frazier by 6,000 votes at the primaries, and who is uni- versally acknowledged to be the} league’s best vote-getter, was schedul-| ed to campaign the second week in; October in Pembina county with John N. Hagan, commissioner of agriculture and labor, but for various reasons the! secretary of state cannot keep the; engagement. | _ON ITS TAGS! The state board of control Thurs- day awarded the Borreson Manufac- | turing Co. of Minneapolis the contract {for 75,000 pairs of automobile tags at} 26 cents the pair’ 1,500 automobile; { dealers’ tags; 100 pairs of motorcycle! | dealers’ tags and 1,500 pairs of motor-| cycle tags, the last at 14 cents per set. Last year Secretary of State Hall bought the tags out of the automobile registration fund, paying 17 1-2 cents per pair. Under a recent decision of the supreme court he was prevented this fall from paying for tags from the registration fund, and it became nec: sary for the board of control ‘to ma’ the investment irom. the emergency) tunds of the state. | THE HUNS six-inch shell had been crew is waiting for the qoccencccccccssoseooeoesees7 | Oct. 3.—Aviator Rollin MARCK TRIB Ned SENSATIONAL: CHARGES MADE IN LAND CASE, Allegations of Petition in Coun: i) | cil of Defense Contest Interesting. CLAIMS BOARD DID: Makes Charges That Seizure of | Land Was On Authority of Individual. | | | Asia,” said Gen. DeEsprey, the Allied commander | Macedonian front today. | (By Associated Press.) | Northeast of St. Quentin, the Britosh today are reported as fighting in the open country beyond the Hindenburg line after hav- ing pushed ahead five miles since Monday. H From Lens northward and from Rheims eastward to the | Argonne the Allies continue to bend back the German flank in | smashiqg attacks. The breech driven through the German defenses south of ' Beaurevoir is on a front of five miles. To the north the British are plunging forward east-southeast from Le Catelete, while on the south the French are attacking. successfully between Sequehart ‘and Lesdins. Some sensational developments are promised in the trial of the action brought by A. D. Gaines of Minneap- olis, large land-holder in the Red Riv- y and on the Slope, against s Attorney Robert O. Dunn and Paul H Woiff of Oliver ‘Treasurer of a crop of flax harvested from 80 acres of land which the defendants knowledge ed with no authority from him, on the order ot the North Dakota council of defense. The case was to have come up in dis- trict court before Judge W. L. Auessle today, but because of the absence of} W. H. Stutsman, counsel for the pe-| titioner, adjournment was taken by| agreement until the first of next! week, | It is claimed that the petitioner will | allege that his land was seized not vy} formal authority of the state council! of defense, but on an order from one} y, acting without! he will allege.! it is stated. that there exists a writ-| ten” contract’ between a member of} he council of defense and a certain| tractor and machinery company, through which said member to| receive a commission of ten per cent on any ,tractors and plows sold to the countil: he will allege, it is claim-| ed, that the German farmer who had! for more than 12 years. leased for hay- ing purposes the land seized by the defendant, and whose lease had two years. more to run, was approached) last spring by certain party who} asked him wheth he ‘intended ‘to} vote the -Nonpart ticket at the primaries, that this. farmer replied that he would not vote the league formed that he must move the fence; which he had surrounding a_partficu-) larly desirable section of 80.acres, and; that when he did not immediately re- move the fence, the same was torn down, and the land entered upon and; broken up and seeded to crop. ! While the council of defense has! this action, it has interceded on de-| half of the Dunn county officials, and f { | | | | | \ y to enjoin them from the use} seized from Geines, with-| Assistant Attorney General B. B. Cox, jappearing for the council of defense. | ha ured awodification of the orig- inal court order by which the defend- ants are now permitted to harvest and thresh the crop of flax on Gaines’ land in order that the seed may not be lost. ery ws. Se HIGH COST OF LIVING BOOSTS WAGES 25 PCT. —_ i Ag a result of the high cost of living, | the next legislative assembly will be| confronted with a request from the yarious heads of departments for a 25 per cent increase in the appropria- tion for clerk hire. These increa will apply to all deputies and cal helpers—to all state employes, in fact, except. to the elective heads of departments whose salaries are fixed by law. ; The upper photograph shows a big British gun in action against the Germans during the recent offensive in Picardy. It was snapped just after a sent Hunward. The gun recoil. : ve-P. ' 4 | FORGING IRON RING ABOUT MAIN DEFENSES OF GERMANY; HUN RESISTANCE I$ BITTER West of Lille British Continues to Drive Enemy Eastward While Extending Line South of Liens to Mericourt—Haig Captures 4,000 Prisoners. TO STRIKE AT CONSTANTINOPLE. Salonika. Oct. 4.—“We will soon direct our blow at Constan- tinople, and the vanquished Turks will be thrown once for all into in chief on the Resistance Bitter. The German resistance is bitter, but there has been no let up in the strong allied pressure. In the fighting in this area Thurs- day, Field Marshal Haig’s men captured 4,000 prisoners. With the British in the open country northeast of St. Quentin and cavalry and tanks pouring through the breech the German positions about Cambrai and Laon will become most. precarious. Through the opening in the line, Marshal Foch will be able to throw troops to take Cambrai and Laon in the rear. West of Lille, the British continue to press the Germans east- ward, while extending their line south of Lens td Mericourt, where a good advance has already been made. PUSH FORWARD THREE MILES. / Between Lens and Armentieres the British have moved for | war dmore than three miles on a 20-mile front east of Bois Grenier and are within six miles of the outer walls of the fortress of \ Lillie. Meanwhile the Allies are widening the salient east of Ypres which threatens the German positions on the coast and the net- work of railways west of Ghent. There are no indications that the Germans have halted their retirement in the Lillie salient. The Germans are still sveral miles west of the DeLue canal which probably will form part of the German defense system before Lillie. It is not probable the Ger- mang will give up Lillie without heavy fighting. ‘Around Lillie and west of Suippe. Gens. Bertelot and’Gouraud are drawing closer the sides of the German salient east of Rheims. American troops have joined the French in their operations, and have assisted ig their advance west of the Somme, capturing the strong position of Blanc Mont and Medeah farm. Further east the French have taken Orfeiul and Beaumont chateau. North of Inot heen named as a co-defendant in] Hheims the French are working their way across the Aisne canal. thie uetion ite! 'It would seem that unless the Germans withdraw from the Cham- pagne salient they are in danger of being caught in a trap between the armies of Gens. Berthelot and Gouraud. = DESTROY SUBMARINES. Rome, Oct. 4.—Americna submarine chasers destroyed two ‘enemy submarines yesterday during the bombardment of Durazzo. ‘it was officially announced today. CAPTURE POSITIONS. : (By Associated Press.) London, 1:30 P. M.. Oct. 4.—French forces in the Champagne have captured Orfeuil and Bamount Chateau, northwest of Som- vy.» Mont Blanc, a position of considerable tactical import- ance, also has been taken from the Germans. AUSTRIANS RETIRE. London, 1:30 P. M., Oct. 4.—Austro-Hungarian forces in Al- jbania are retiring in considerable disorder before the advancing \Ttalians. SETS BALLOON ON FIRE. Havre, (Thursday) Oct. 3.—In aerial fighting on the Flanders \front today British aviators destroyed four German machines. | Lieut. Coppens of the Belgian army set a German balloon on fire, ‘bringing his victories to 33. | SPECTACULAR FIGHT. With the American Army Northwest of Verdun, Thursday, Meyer of Oakland, Cal., shot down a Ger- man airplane today near Very, in a spectacular fight. Athough ‘his own motor. was working badly, he attacked the enemy machine, is ‘own machine came down immediately after near the German plane. whose officers surrendered to Meyer. Taking the enemy machine i gun as a souvenir. Meyer brought in the officers on foot. | GERMAN TREACHERY. 1 When the American troops entered Aubrey St. Louis on Fri- day the Germans came out of their hiding places with upraised hands and were supposed to have surrendered. Suddenly, the iGermans threw heavy grenades with deadly effect, killing and |wounding many New York troops. Additional American troops with flame throwers pursued them. | GERMANS ANXIOUS. With the progress of the Allies from the Aisne to the Meuse, ‘the Germans are daily becoming more anxious as to their situation lin Champagne between Reims and Moronvilliers heights. All of ithe Germans in this area belong to good divisions and have fought \with the utmost tenacity. The only exception to this rule was the ‘16th Bavarian division, which was withdrawn after one day’s \fighting. None but the first class troops are of any avail. / H Allied forces are daily nearing the lateral railway which per- ‘mits the enemy to move his reserves from point to point. During th last two days the Allied advances have made the enemy routes from the Argonne along the river Aire useless.- To the north the Allies have to deal with the German crown prince, who | does not desire to be the first German commander to give the order to rtreat. ! APPOINTED CHANCELLOR. i Amsterdam, Oct. 4.—Prince Maximilian of Baden has been | appointed German chancellor, says an official announcement from ‘Berlin. Deputy Grouber, Centrist, and Scheideman, majority ‘Social Democrats, have been appoirited secretaries of state with- ‘out portfolios. Prince Maximilian also has been named Prussian foreign secretary. ‘He will announce his program in the Reichstag October 5. FOREIGN MINISTER RESIGNS. Amsterdam, Oct. 4.—The Turkish foreign minister has re- | OCCUPY LENS. | London, Oct. 4—News from all sectors of the west front Rong | , signed. of gigantic efforts by the enemy to stem the daily advancing (Continued on Page Six) Bi