The Bismarck Tribune Newspaper, December 7, 1918, Page 4

PAGE 2 BISMARCK DAILY TRIBU! THE BISMARCK TRIBUNE Entered at the Postoffice, Bismarck, N. D., as Second Class Matter. GEORGE D. MANN 5 - Special Foreign Representative NEW YORK, Fifth Ave. Bldg.; CHICAGO, Marquette Bldg.; BOSTON, 3 Winter St.; DETROIT, Kresege Bidg.; MINNEAPOLIS, 810 Lumber Exchange. MEMBER OF ASSOCIATED PRESS The Asociated Press is exclusively entitled to the use for republication of all news credited to it or not otherwise credited in this paper and also the local news published herein. All rights of publication of special dispatches herein are also reserved. ag MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVAN Dally by carrier per year ..-..-++++++ . Daily by mail per year (In Bismarck) . oo Daily by mail per year (In State outside @f Bismarck) Dally by mail outside of North Dakota......-sseeee THE STATE'S OLDEST NEWSPAPER. (Established 1873) E> THE LEAGUE AMENDMENTS “The amendments are LEGALLY passed,” says Bishop Lemke of the Nonpartisan league, close on} the heels of a statement from Treasurer John} Steen, chairman of the state board of canvassers, | to the effect that the five amendments most im- portant to the league program had miscarried. And further Bishop Lemke declined to say. 7.20 5.60 6.90 Bill Lemke is an average lawyer ; he is chairman | of the socialist state central committee and one] jy war, to the-wholesomeness of war camps and_to of the five dictators of the National Nonpartisan league. When he makes sucha statement for pub- lication he has something back of it. The constituiional amendment providing for the! initiation of constitutional amendments specifical- ly says that a majority of all the votes cast in the election at which such amendments are proposed must be registered for the amendments, or they are lost. Lemke is sufficient of a lawyer to in- terpret plain English written in words of one and two syllables. The same may be said of the league majority of four on the supreme court. And yet Mr. Lemke dares, before the state state canvassing | board has formally declared its findings, to flaunt! in the face of North Dakota the bald assertion that, in spite of the fact that these five amendments very clearly did not receive a majority of the votes cast at the recent election, they “are LEGALLY passed.” The amendments did, it is true, receive a major-| ity of the Nonpartisan league votes cast at the re- cent election, but they did not“receive* all. --The average vote for the amendments was nine thou- sand less than the vote for Commissioner of Agri- culture John Hagan; eight thousand less than the vote for Governor Frazier; 12,000 to 15,000 less than the vote for Secretary of State Hall, On an average 5,000 fewer leaguers voted for the amend- ments than signed the initiative petitions. Of a normal voting strength of 120,000, the league’s| program received the endorsement of less than} 47,000 voters. Forty-seven thousand do not con- stitute a majority even of the unusually small number who were not so disgusted with the po- litical situation as to refuse to participate in any, way in the recent ballot bee. ‘ Mr. Lemke owes his own followers an explana- tion, even though it is quite plain that he accords the thousands who have not espoused the league policies no voice at all in the management of their state. FIGHT FAMINE “Save Food and Win the War” served its pur-| pose. A new food conservation slogan has come: “Fight Famine!” The war of the kitchen army has passed into its second phase. It was a great thing to have saved enougly wheat, fat and sugar to feed the fighters. It will be a greater thing to save and distribute enough food to save a starving world. Fight Famine! The words conjure up a vision | of the stalking specters of hunger, want, and death that follows all great wars, claiming the most helpless and pitiful victims in the world— children and women. Women and children have already paid a ghast- ly, a terrible price of suffering and terror in the war. The world must not allow them to pay with their lives for sins and stupidities not their own. For a year, until the hands that carried guns can be restored to plowhandle and factory, until the evastated or neglected fields can be restored to fruitfulness, until seedtime an dharvest shall re- sume their accustomed cycling—we must all Fight Famine, giving of our abundance to feed human- ity. 9 HOW FARMERS’ WIVES FOUGHT THE WAR This is a little tribute to the farmer's wife and daughter for what they did in the fields to help win the war. Secretary of Agriculture Houston, in his annual report, summarizes the output and effort of Amer- ican farms in these figures: 1918 wheat yield, 5,638,000,000 bushels. 1918 corn yield, 918,920,000 bushels. Acreage in 1917 planted to wheat, corn, pota- toes, tobacco and cotton, 283,000,000; acreage in 1918 planted to same crops, 289,000,000. Gain 5,600,000 acres. . “The part of the millions of men, women and *boys and girls on the farms and in the organized agricultural agencies assisting them, including the M =__ >_> Editor G. LOGAN PAYNE COMPANY, $7.20! associated,” remarks Mr. Houston, “is striking but altogether too little known and appreciated. “On them rested the responsibility for maintain- ing and increasing food production and for assist- ing in securing fuller conservation of food and foodstuffs.” j Yes, and the farmer’s wife went out into tie fields after doing up her housework and plowed, harrowed and planted and cultivated beside her husband so the boy could go to war and so there’d be more busy acres and more food for everybody in America and Europe. And her daughter pitched hay and rode on the jrake and the binder and the cultivator and-the | wagon in the hot sun for the same reasons. And |the country and the world is fed and grateful. | Some day somebody is going to write the story |of how the farmers’ wives stood in the muddy fur- rows in the fields to help the world to freedom, and | it’s going to be the story of many Molly Pitchers in one and it’ll be a best-seller, too. i ! KEEP YOUR CITY CLEAN Keep your city clean for the boys who are com- ing back from training camp and trench! That’s the urgent warning of the United States jpublic health service endorsed by the secretaries {of war and the navy. They point to the morai cleanliness of America the moral improvement forced on cities as ex- amples for America in peace times. Dr. Rupert Blue, surgeon general of the United States public health service, believes that the venereal disease problem will be one of the na- tion’s biggest peace problems. “Are you sure,” Dr. Blue asks, “that the profi- teers of vice are not planning to take advantage of the days of festivities when the boys come marching home to dishonor them before they get settled again in the normal ways of life? Are you sure that demobilization will not mean de- moralization ?” “There should be no truce with the red-light district, no armistice with venereal diseases. “Unconditional surrender is the government’s demand from this enemy at home.” Under the protection of the military authori- ties four millions of soldiers and sailors received greater protection against venereal diseases than they received in civil life. “The cities‘and towns through which they will go and to which they will return on demobilization must be made safe,” pleads W. G. McAdoo, on be- half of the public health service. “A program of law enforcement, education, wholesome recreation and medical measures must be everywhere adopt- ed,” he adds. “Signing of the armistice in no way lessens re- sponsibility of civil communities for the protection of soldiers from prostitution and sale of liquor,” warns Secretary of War Baker. Welcome the boys home to communities cleaned and kept clean of vice! A few. local war records may be checked up when the boys come home. If you have not paid that RedCross subscription, purchased those lib- erty bonds or made good on that W. S. S. pledge you had better get busy. It will be hard to face them if your name is on the “slacker list”. Censorship of household bills is still in order. Now, keep those home fires burning! | WITH THE EDITORS NO MORE BLIND FOLLOWING I'he common and unquestioned acceptance of the President’s leadership which was the chief characteristic of our general participation in the war, is a thing of the past.” These are bold and significant words. They were used by Representative Sydney Anderson of Minnesota to set forth one of two facts which, in the opinion of Mr. Anderson, are outstanding in connection with President Wilson’s address to Con- gress and its reception by that body and the coun- try. Congress and the people admirably supported the administration in the war enterprise, largely withholding their judgment from utterance on many lesser but important things for the sake of the one great thing—the winning of the war. This they did, not for Woodrow Wilson, the man, and not even for Woodrow Wilson, the President, but. for what they conceived to be, under all the circumstances, for the best interests of the coun- try they love. Now the war is over, or at least hostilities have ceased, and the danger crisis is past. The people feel themselves released from any obligation of loyalty to the Nation to follow the President blind- ly wherever he may choose to lead. They want light now. They demand to know whereas they were content before to rest largely on faith. The American people were morally certain on November 5—election day—that the end of the war was virtually at hand. They knew the time had come when, with perfect safety and with un- assailable loyalty to country, they could record formally and openly their verdict upon the Presi- den’ts leadership. What did they do? They re- jected the President’s plea for a Democratic Con- gress and substituted therefor a Republican Con- federal department of agriculture, the state col- Jeges and departments of agriculture and farm- er’s organizations played during the war in sus- jon.and those with whom. we ar gress. Mr. Wilson had said, in effect, before elec- tion day, that such a result would be a repudiation of his leadership. If he could so interpret it, he cannot justly find fault if his countrymen follow OFF HIS FEED ———— ae = | jm Z z Opglitr 23 LMG SATURDAY EVE i = ING LETTER By Justice J. E. Robinson December 7, 1918. 'Tis the last rose of summer, Left blooming alone; All her lovely companions Are fadéd and gone; No flower of her kindred, No rosebud is nigh, To retleet back her blushes Or give sigh for sigh. Justice Christianson is the rose of the court, ‘the last of the old line judges—the Well may he sing: i 1 feel like ome who treads alone last of the Mohicans. Some banquet hall deserted, Whose Hghts are sped, whose banner. fled And all but he departed. All his lovely companions are faded and gone and their places are filled by good Nonpartisan judges. And, @ though comparisons be odious, I ven- ture to predict that the ‘Nonpartisan court will be in efficiency and fafr- ness far surpass any former court of|D! the state; that they will not be'slaves té any erroneous or rotten decisions called precedents—and that in future no person will be deprived of life, lib- erty or property without due process of law. Our new member, Judge Eronson, is pure-bred—a good worker and a think- er with a large bump of justice and a clear perception of the difference be- tween right and wrong. Grace: Our justice He is of the right pedigree, a worker, and a jurist of a luminous mind. Our Judge Birdzell, he may be rated as a good half-breed; while the old-liners made him law professor at the U and tax commissioner, Bishop Lemke virtually made him judge. Christianson is our new chief justice. He {s a jurist of capacity and a real gentleman. When left to his own good impulses he fs sure to stand for the cause of right and justice. Yet we are all creatures of environment, and so it is'on many occasions our present chieftain has fallen into error by put- ting too much trust in his former companions. You will rememYer the famous horse killing suit, when the ex-chief justice steadfastly maintained that the live stock board had absolute pow- er to ordet the killing of certain good work horses and that our court was powerless to prevent it. The judges stood three to two in favor of an ab- solute power to kill horses. It was the same as holding that the stock board might go on and kill all the horses in the state, and the courts were powerless to interfere. But on this matter we had several confer- ences and animated discussions and at the third conference a light seemed to shine around the intellect of Judge Christianson as {t shown around Paul on his way to Damascus to persecute the Christians. He veered to the min- orlty side, and the good horses were saved. We did not have to write a funeral dirge. Once upon a tipie a justice of the peace of Morton county assumed the role of a czar by making a decree for the destruction of property worth $25,000, The owners brought suit to protect their rights and on an appeal from an order sustaining a demurrer to the complaint, the majority of the court held that the justice of the peace had jurisdiction. In several such suits the present and ‘thé past chief justice always stood as a pair. They sald: It is true that in*a civil action or in a criminal action a justice of thepeace can have no jurisdiction when the amount in controversy is greater than $200, but-a suit to de- stroy property worth 325,000 is neith- er a civil nor a‘criminal action—that it is a quasi-civil and criminal proced- a ee faith and fairness. sists in an honest stain from taking any ungonsclous ad- vantage of another. even through the forms or technicalities of law.” / when a person is crime, if it is named a contempt, the judge may deny"him a trial by jury and in a summary manner convict him on mere affidavits and sentence him to the state’s prison for two, hour of 10 o'clock A. M., on the 18th EVERETT. TRUE ure—and hence there is no limit to the jurisdiction of a justice of the peace. Of course you will know. that }was perfectly preposterous. ~ But ‘a3 the rime says: “Not every man, can be a poet, More than a sheep can be a go-at.” Some three years ago in a case known as Lée v. Dolan, an execu- tion for $1,000 was issued on a worth- less judgment. “It' was not returned within “sixty days,’ as provided by statute. For that reason the sheriff was fined, $1,000 with .ten per cent. penalty for the use ‘of the’ plaintiff, and on an appeal the judgment was], sustained, with the cynical remark:)- “There can be,no claim that any phys- ical suffering is involved in the pen- alty.” n year, our court .refyused.to follow that rroneous decision, We held, in ef- fect, that the purpose of the law is not to aid one man in robbing anoth- er, even though it may not “involve hysical suffering.” In 25 \N. D, there is asdecision writ- ten by ex-Justice Spalding in a suit to redeem a good quarter section from a foreclosure sale. 954 and costs. demption. The sale was’ for The court denied a re- In several such cases the present court has permitted a dedemp- tion holding that courts should not sustain a robbery, though made in ac- cordance with the forms and techni- calities of the law. A foreclosure pro- ceeding should be conducted in good “Good ‘faith {on- intention to ab- it was held that In early days charged witha In a similar case, within aj| years. This you may call a rotten, of ficeseeking decision; because under the plain words of the ‘tonstitution, any person accused of crime ‘is guar- anteed the right of trial by jury, and that right cannot be evaded by call- ing the crime a contempt. But now under better influences it is hoped none of our judges will not feel inclined to continue piling error upon error by following the lead of de- cisions go manifestly erronéous or rot- ten. ee Biot ¥ With the advent of Justice: Bronson and our new chief justice, our court has’ turned a new leaf. During this ‘week everyjudge has reported for duty promptly at nine a. m. We have setout in good earnest to catch up and: keep» up with the work of the court and'to administer justice with- out ‘denial or: delay. EWofaaoen OF. MORTGAGE. SALE: BY ADVERTISEMENT. | ‘Notice Is hereby given that that cer- ti ortgage, executed f deli by €. V. Wilder, mortgagar}, erh’ Land & Investment Mortgagee,- dated the 25th day of January, A. D. nineteen hundred. and teri and filed for record in the office of the register of deeds of the coun- ty of Burleigh, and state of North Dakota, on the 20th day of May, 1910, and recorded in Book 89 of Mort- gages, at page 405 and assigned by said mortgagee by an instrument in writing to F. H. Vaughan, trustee, dated the 5th day of«May, A. D. 1910, and filed for record in said office of the register of Deeds on the 30th-day of January, A. D. 1911, and recorded in Book 34 of Assignments on..page 231, will be foreclosed. by a sale of the premises in such mortgage and hereinafter. deseribed. at the front door of thé court house in the city of Lismarck, inthe county of Burleigh and state of. North Dakota,.at the NOTICE By. Conde I'M GOING To THE SCHOOL HOUSE AND. — AND CLEAR THIS THING UP$ ANY TEACHER THAT RAISES A HAND. AGAINST MY. CHILDREN - LET MBE CLEAR THIS UP FOR Rowny $ THE WAY TO RAISE CHILDREN RIGHT 1S To RAISE YouR OWN HAND AT I'm GOING To RAISE _MY. HOMG, AND NOT SHIFT YOUR DUTY ONTO THE TEACHER aah KNOW You DOL HAND, But (TT WON'T CAND ON YOUR MEAD — wear MIND You HAVE MUST BE APPROACHED THROUGH OTHER CHANNELS (}! 5 SATURDAY, DEC. 7, 1918 HEALTH TALK. SPANISH INFLUENZA OR GRIP ‘By Dr. Lee’H. Smith. An old enemy is with us again, and whether we fight a German or a germ, we must put up a good fight, and not be afraid. The influenza runs a very brief course when the patient is care- ful, and if we keep the system in good condition and throw off the poisons which tend to accumulate within our bodies, we can escape the disease. Remember these three C’s—a' ‘clean mouth, a clean skin, and clean bow- els. To carry off poisons from the system’ and keep thé bowels loose, daily doses of a pleasant Jaxative should be taken. Such a one is made of May-apple, leaves of aloe, root of jalap-and called Dr. Pierce's Pleas- ant Pellets. Hot lemonade should be used freely if attacked by a cold, and the patient shquld ‘be put to bed after a hot mustard ‘foot-bath. To prevent the attack of bronchitis or pneumonia and ‘to control the pain, Anuric tablets should -be obtained at the drug store, and one given every two hours, with lemonade.The An- uric tablets were first discovered by Dr. Pierce, and, as they flush the blad- der and cleanse the kidneys, they carry away much of the poisons and the uric acid. It is important that broths, milk, buttermilk, ice-cream and simple diet be given regularly to strengthen the system and increase the vital resist- ance. The fever is diminished by the use of the Anuric tablets, but. in ad- dition, to forehead, arms and hands may be bathed with water (tepid) in which a tablespoonfyl of salaratus have been dissolved in.a quart. Af- ter an attack of grip or pneumonia to build up and‘strengthen the system, obtain at the drug store a good iron tonic, called “Irontic” Tablets, or that well known herbal tonic, Dr. Pierce's Golden Medical ‘Discovery. —eae=ao=elEleee eee day of January, A. D. 1919, ‘to satisfy the amount due upon said mortgage on the day of sale. The premises de- seribed in, said mortgage ;and which ‘situated in the county of Burleigh and state of North Dakota, and de- scribed as follows, towit Northwest quarter (NW1-4)-of sec- tion Twenty-nine (29) Township (141) North of Range (76) West of tho Fifth Principal Meridian. There ‘will be dué on such mortgage at the date of sale the sum of $615.30 dollars. ve Dated at Bismarck. N. D., this 3rd day ‘of December, 1918. : ‘ _ F.N. VAUGHAN, —~ Trustee, Assignee of Mortgagec. F..E. McCurdy, Attorney for: Assignee: of Mortgagee. P12—7-14 21 28; 1—4 11. NOTICE OF REAL ESTATE MORT.- GAGE FORECLOSURE SALE. Notice. is hereby given. that .that certain ,mortgage executed and deliv- ered by John Henry Sebery, bachelor, mortgagor, to. E, H. Sperry, mort- gagee, dated the 22nd. gay. of Novem- ber, A. -D., 1916, and filed. for record in, the office of ‘the register of deeds of the county of Burleigh and state of North.Dakota on the 23rd day of November A. D, 1916/and recorded in Book .140 of Mot es.on page 214, will be-foreclosed; by a sale of the premises in such mortgage and herein- after described at the front :door of the court house *in the ‘city of Bis- marck in the county of Burleigh and state of North. Dakota at the hour of 10 o’clock a! m. ‘on the 13th day of January, A. D., 1919, to satisfy the ‘amount due upon such’ mortgage on the day of sale. The premises described in such mortgage and which will be sold to satisfy the same are those certain premises situated in the county of Burleigh and state of North Dakota described as follows, namely: The Southwest Quarter (SW 1-4) and the South Half of the Northwest Quarter (S1-2 of NW 1-4) and Lots Three (3) and Four (4) all in seetion Four (4) in Township One Hundred Thirty-Nine North (139N.) of Range Eighty West (80W) of the Fifth Prin- cipal Meridian in th> said county of Burleigh. The said mortgage provides among other things, that in case of default in the payment of interest due on the debt Secured by said mortgage, tho whole amount secured thereby may at. the election of said mortgagee be de- clared due and payable. The debt secured by said mortgage draws interest at the rate of 7 per cent per annum from the 22nd day of November, 1916, and the said interest is: payable annually thereafter during the existence of said mortgage. The said mortgagor has failed to pay the interest due on said mortgage debt on the 22nd day of November, 1917, amounting to $301, or any part thereof except the sum of $100, and the said mortgagor has failed at any time to pay any part of the interest on ‘the debt secured by said mort- gage becoming due on the 22nd day of November, 1918, amounting to $301, and the defaults in sald mortgage consist, of the failure of said mort- gagor to pay at any time the sum of $201,.of the interest due on said mort- gage deot on the 22nd day of Novem- ber, .1917, and im, the failure of the said mortgagor to pay at any time any part of the interest due on said mort- gage debt on the 22nd day of Novem- ‘ber, 1918, and that there is now due and payable by the sald mortgagor the , sum of $502 as unpaid due interest on~ said debt ag: hereinbefore specified, no part of which has been paid. By virtue of such provisions con- ‘tained in sald mortgage and because of said defaults on the part of the said mortgagor in this notice above specified, the sald mortgagee has elected to declare and does hereby de- fare the’ whole principal sum secured ‘ov said mortgage, and accrued interest thereon, due and payable. ¢ Therefore ‘there will ‘be due on such mortgage at the date of sale the sum of Forty Eight Hundred Forty Four Dollars, and Fifty-Eight cents (94844.58), of which the sum of $4,300 ig the principal sum secured by sald mortgage and of which the sum of $54458 is ‘the interest due on said principal sum at the date of sald sale, besides the statutory costs of fore- closure. Dated November 29, 1918. F, H. SPERRY, Said Mortgagee. | F. H. Register, ‘ Attorney for said Mortgagee, kota. Bismar 11—20; 1 wili be sold to satisfy the same, are * ‘4 ruts