The Bismarck Tribune Newspaper, December 9, 1918, Page 1

sae # i a a4 5 (| a . % ‘ ye ae } < of "referred amendments, -sefining. voting, THE WEATHER Snow, THIRTY-EIGHTH YEAR. BISMARCK, NORTH DAKOTA MONDAY, DEC. 9, 1918 AMENDMENTS ALL PASSED BYCANVASS Board by Three tq Two Vote Ad- heres to Ruling of Attor- ney General , HALL AND STEEN VOTE NO \ Secretary of State and Treasurer Subjected to Steam-Rolling Process Acting on advice of Attorney Gen- eral Langer under an opinion of the North Dakota supreme court written ‘by Former Chief Justice Burleigh F. Spalding in 1908, and ignoring opin- ions directly to the contrary cited by Secretary of State Hall from ‘Nebras- ka and Wyoming reports, in one ot which Justice Ryan, referring to a Wisconsin opinion which the attorney sgeneral uses as an authority said ‘such opinions seem a matter more of ‘policy than of principle and are a re- ~Progeh upon the courts,” the league majority on the canvassing board by _2 thtee to two vote this morning rail-| roaded through the five league amend- ments, embodying the socialist pro- gram for North Dakota, which were defeated at the recent general elec- tion. State Treasurer John Steen and Sec- retary of State Hall constituted the minority. Both refused to vote even for the two league amendments which were approved by a majority of all the votes cast at the recent election, inasmuch as Langer, spokesman for the league majority upon the board, insisted in framing his motion in such a way that it would establish a pre- cedent for declaring passed the live -eague amendments which did not re- ceive a majority at the general elec- tion. Official Vote. Official returns from Wells county, brought in Saturday by Deputy State Auditor O. B. Lund:as special messen- ger, were canvassed by the board as its first ‘order of business, increasing the whole number of votes cast N vember 5 to 94,055, and making 47,028 necessary to a majority. With the final] canvass the yote on the league amendments stood ‘as follows: Initiative and refeerndum, 47,447- 32,598. Emergency measures—46,121-32,507. Constitutional amendments—46,329- 23,572, ° Taxation—46,$33-33,921. Hail insurance—49,878-31,586. Debt limit—46,275-34,235. Public ownership—46,830-32,574. There being no question on the three privileges of cooperative association: providing for hail insurance and_re- quiting a four-fifths Wecision from the supreme court to declare a law un- constitotui nal,these tamendments re- quiring under the constitution only a majority of the votes cast upon the question, which each received an actu- al majority of all the votes cast, 49,- 392, 52,475 and 52,678, respegtively, these were declared passed by an un- animous vote without discussion. On the initiative measures Secretary of State Hall had prepared an offi- cial certificate which declared the in- itiative and referendum and the hail insurance amendments carried by a majority of all the votes cast in the recent election, and the other five amendments lost, through their failure to receive suc majority. Secretary of State Hall advised the board that some question had arisen as to what constituted a legal majority, and he requested Attorney General Langer to give the board the benefit of his opinion the Courier-News had published an gpinion on the subject and that he had nothing to add to it. The board had not been furnished with copies of this opinion. The attorney general had a copy of the Courier-News, and he read over the opinion, to him- self. The attorney general then substitut- ed for the secretary of state’s certifi- cate one which had been prepared by State Auditor Kositzky, and he offer- ed on the initiative and referendum amendment a motion. that “whereas a majority of the voters who voted on this. amendment having voted for this amendment——” Steen Objects. Here ‘State Treasurer Steen, chairman of the ‘board, objected, declaring he could not put the motion in such form, inasmuch as it was not legal. Mr. ‘Steen stated that this amendment had a majority, of all the votes cast in the recent’ election and was legally carried, and that if Mr. Langer would change his motion to so state the facts he, Steen, would put it and sup- port it. Langer declined to change his motion, and it. was put and car- ried, Langer, Kositzky and Macdonald voting yes and Hall and Steen no. Hall then moved that the amendment relat- ing to the initiative and referendum as applied to legislation, “there hav- ing been 94,055 votes cast, of which 47,447 were for and 32,598 aaginst. and it apearing that a majority of all those participating in the election had voted for the amendment the same be declared carried.” Steen second- ed this motion. Langer moved that it be laid on the table, which was done by a vote of three to two. Hall Asks Opinion. - Yan then called upon the attorney general to state, the authority for ‘ais action. Langer declined to-add anything to the opinion which the Courier-News carried. Hall then cited a number of opinions holding direct- ly to the contrary, referring to the Omaha case in Nebraska, to a Wyom- \ ing case and to a decision of our own suprem court. He also auoted Jus- tice Ryans remarks on “judgments from policy rather than principle.” “My opinion is upheld in every par- Mr. Langer’ advised that | FULFILL W. W.S. PLEDGE ASKS / SECY. M’ADOO The secretary ow War on Friday sent the following telegram to all State directors of War Savings: “L most earnestly urge upon you that your organization make every possible effort to the end that pledges for the purchase or War Savings Stamps be fulfilled before the close of the year. The government's mone- tary requirements were never greater nor more pressing than they are to- day. Hxpenditures for November were greater than in any similar per- fod. ‘These expenditures growing out of the war must be met by borrowing from the people and their magnifi- cient response heretofore to the gov- ernment’s rquirements makes me con- fident that they will not fail to con- tinue their support to the end that all payments resulting from War necessi- tiese will be promptly met. Much re- mains to be done. Our brave troops must be maintained and paid until their work is fully accomplished and they are returned to their homes. This is not a time for us to relax our efforts and the treasury department is making ulans for larger and even more important work durng the com- ing year.” NEW ECONOMIC MOVEMENT BORN OF THE FARMS Farmers Take Initiative in Inde- pendent Political Or- ganization MAY HAVE WIDE SCOPE ‘ jeeetaaeilaa ay Indications Are That Actual Men of the Soil Are Back of Development From over in Griggs and _ Steele: Counties, far removed from the at- mosphere of big cities with their morning and evening papers and fre- quent lectures on numerous topics: of interest to the ordinary citizen, comes a story indicating the desire for more enlightenment on. public affairs,— social, ecomonic and political. Early in the fall, E, W. Everson, a farmer and former._member of the legislature from this district, took it upon himself to induce a number of his acquaintances in the district to join hands in an organization for the purpose of gathering and disseminat- ing unbiased and truthful information on some.of the. political issues now perplexingmany<aninds:in..this ‘atate., The organization was named the Plain Citizens’ Political Reform asso- ciation. In talking. with people from other sections of the state’about what they were doing in this community, Mr. ‘Everson soon found that there was a general demand for a_ state-wid? movement: along that line, and so he got a notion to try to develop the or- ganization on a state scale. As an. initial step toward that end he under took to enlist with him in the effort Thos. G. Nelson, the man who took the lead in developing the American Society of Kquity in its pioneer days in North Dakota eleven years ago. Mr. Nelson, who is now a farmer in the western part of the state and has farmed all his life ex- cept time devoted to organization work among farmers, was raised and lived for many years on a Traill coun- ty farm where Mr. Everson learned to know him as an uncéasing cham- pion for better farming, better busi- ness and better living on’ the farm In the summer of 1907 Mir. Nelson, then on the farm in Traill county, planned, directed and -financied an or- ganization campaign for the Society of Equity, that brought in 9,998 mem- bers in forty days. A number of the most active men associated with Mr. Everson met at Cooperstown, on Thursday, Dec. 5, to discuss the proposition of making’ the organization site-wide, which it was decided to do, according to the fol- lowing items taken from the minutes of the meeting. \ A resolution was offered by S. H. Nelson of Finley, and adopted by the meeting, as follows: The arbitrary and unusual changes required to be made in the working conditions and relations of labor and capital, producer and consumer, man- ufacturer and distributor, in order to successfully prosecute the War just ended, and the work of reconstruction coming with peace going to make many old political q@tions acute and bring with it‘ many. new social, eca- nomic and political problems which must be met and solved, as far as possible by the ulain citizens of our country. And since in a representative de- mocracy like ours the will of the peo- ple must be expressed by means of elections, it is very important that the voters of our state should, in or- der to protect and promote their own welfare and for the good of the state and the nation as a whole, make every effort to provide for the gather- ing and dissemination of truthful in- formation on all sides of all questions without being colored or warped by prejudice, malice or any selfish in- terest; and to have our system of elections so revised as to naturally promote a greater interest than ever before in public affairs, and to pro- vide fof a minority representation in all steps incident to the making oi government, and majority vote deci- sions at all final elections. FE As a means to attain these e€0°s, we, members of the. Independent Woters, Associaton, assembled in pub- lic meeting, at Cooperstown, Nor! Dakota, this fifth day of December, A. D., 1918, do hereby authorize and in- ticular by Idaho, and the North Da- kota supreme court has passed on the (Continued on Page Three.) struct our Executive Committee to cause a special effort to be made to (Continued on Page Three.) i | PARIS READY ~TORECEIVE — PRES, WILSON Greatest Celebration in History of Republic to Mark Event ' DECREE STATE HOLIDAY| | | |All Stores to Be Closed and Tri- umphal Entry to City Is Planned | Paris, Dec. 9.—Plans have practical- ly been complete! for the reception of President Wilson. They include state dinners and official calls and probably a gala night at the theatre. The finishing touches will be put to} the arrangements within the next few! days. It hag been decided that when Pr ident Wilson arrives at the railway |station at 10 a. m. Saturday, he will} be met by President Poincaire and be {driversimnediately rorthe matision 7 aside for him while in Paris, } Virtually ‘all mercantile establi ments have natified their employ that Saturday will be a holiday. Paris ig preparing for the biggest! celebration in its history. President Wilson is invited to visit Cologne hy the Volks Zeitung of that city, which suggests that a representa- tive of the foreign ministry meet him | there, ~ ; The independent republic of Schles- wig-Holstein will soon be proclaimed. according to the Weser Zcitung, of | Berlin. NONEEXECUTED ” FOR BREAKING MILITARY LAWS Washington, Dec. 9.—Not a single member of the American army has been put to death because of the com- | mission of a purely military offense! jaccording to the report of the judge advocate filed today with’ Secretary of War Baker. “Very few death sentences have been imposed,” says the judge advo- cate. “None of those imposed for a military cause were carried into exe- cution. Of 13,357 men and‘ officers brought before a court martial, 88 per cent were convicted. More than half were listed as being absent “without leave and the other charges were for drunkenness and conduct unbecoming an ‘officer. Convictions for desertion were actually less than the year pre- vious. One man was convicted of be- ing a spy and 330 for sleeping at their posts. | ISSUE WARNING. : Fargo, Dec. 9.—The city commis- sion, fearing a more violent outbreak of influenza cautioned theatres and _de- partment stores of overcrowding. Sat- urday night the commission issued an order closing theatres, but today de- cided to permit them to remain open, to play, however, to not more than 70 per cent capacity. | Because Attorney General Langer indicted so many of the men and boys alleged to have participated in the} Hazelton: wheat riot of March 4, he is finding it difficult to find witnesses for the prosecution of the five) principals, now on trial here under in- dictments charging rioting. An at- tempt to call Cecil Pennington, Hazel- ton drayman indicted for the murder of Mrs, ©. L. Perras, who was shot} and killed while the mob -~was at her home clamoring for. her son-in-law, Wallie W. Daugherty, accused of wheat-hoarding, was blocked, the court ruling Pennington could not be asked to give testimony ‘which might incriminate himself. The same was “PORT WHERE WILSON }man TOO MANY DEFENDANTS, NO ONE | LEFT TO ACT AS A WITNESS WAR DEPARTMENT TO SELL WOOL AT PUBLIC AUCTION Washington, Dec. 9—Wool now held | by the war department will be dis- posed of at public auction. Brigadier General Robert) E.- Wood, acting quartermaster general announced to- day. The amounts offered at each sale will be “such as in the opinions of| wool experts the market can readily absorb.” A minimum reserve price will be fixed below which no’ bid will be} accepted. TROOPSHIP ARRIVES WITH 1,000 MEN New York, Dee. United | States transport, Sierr off cers and 1,531 men arrived here tod It was greeted by the blowing of ¢ ren whistles and the shooting of rock- ets. A great ovation was given by craft in the harbpr as the transport passed the statue of liberty. KAISER HAS BEEN PUNISHED. | SAYS OFFICIAL London, Dec, William Hohenzol- lern has been punished enough say Philip Schiedmann, the former Ger secretary of finance and com- merce, in an intervi . He urges the estab tribunal to determine the ka) sponsibility for the war as well as the part oth took in tribunal d was considered but that it mu first be approved by the national, assembly. He explained that Dr. Solf remained in the new government because he was believed to have the condifence of tthe allies. He predicted that the new government would eventually be a United ‘States of Germany. FUTUREIN FOREIGN TRADE Baltimore, Md., Dee. 9.—America’s future prosperity s in large mea- sure on the increase of its foreign trade, Speaker Champ Clark said here today at the opening of the annual convention of the Southern Commer- cial Congress. “The one problem is| what ar- rangements will be made touching with the freedom of the seas,” said Speaker Clark. “We can depend on President, Wil- son to obtain freedom of the seas at the Congress of Versailles. In that connection the principal question is how to increase our foreign trade, for upon that rests, in large measure, the future prosperity of this republic.” The immense merchant marine built up during the war should be main-, tained forever, Mr. Clark declared. PERMISSION DENIED Washington, Dec. 9.—Permission to sue the estate of Abraham Slimmer and the state of Minnesota for the col- lection of $13,000 ‘inheritance taxes was refused the state of Iowa today by the Supreme Court. Slimmer left the bulk of his estate to 17 charitable institutions located in several states. | ful assembly. W, W. Daugherty was! the only ‘witness allowed to testify Saturday afternoon, and he had mere- ly told of facts preliminary to the al- leged riot when court adjourned un- til this morning. H Judge S. lL. Nuchols of Mandan, State’s Attorney Scott Cameron of Emmons and State's Attorney F. ‘E.! McCurdy of Burleigh are assisting Langer with the prosecution. Charles Coventry of Linton and Theo. Koffel of Bismarck are aiding John F. Sulli- van with the defense. The jurors are, Carl Bertsch, John Halpin, “William Deckert, Frank Blake, A. R. Amund- son, E. A. Waid, McClelland Sanders, D. J. McGillis_ F. EB. Young, Charles true of an effort to place on the stand Herbert Dawson, indicted for unlaw- Smith, M. Wolf and Emmanuel Brown, principally of Bismarck. LANDS ss.| idea, imposing al! fupon the land, would jeopardize for- -|eign property interests in the state. Until Friday evening, when Chair- man Lemke of the republican state central committee declared all of the league amendments “legally” carried in spite of the fact that the five em- bodying the vital portions of the] ' PRICE FIVE CENTS Brest, France, is the harbor where President Wilson’s party going to the peace conference will debark and, be welcomed by the French foreign min- ister and a group of notables of the sister repwolic. Brest has become one of the world’s bu: t ports as a result of war, and evidence of Ameri- can building enterprise is everywhere in warehouses and cocks and other structures, FEDERAL COURT MAY BE ASKED TOTAKE HAND Probable That State Courts Will ea Be Ignored in Enjoining | Townley | PROPERTY IS JEOPARDIZED High Handed Action Proposed By Lemke Would Be of | Interstate Interest | It is regarded probable here that an effort to enjoin the league from pro- ceeding under the constitutional amendments which the state canvass- ing board today declared carried, in spite of the fact they did not secure a majority of all the votes cast im the recent general election, will be init- jated in the federal courts by foreign corporations which have. large amounts of capital invested in this state. Old line life insurance com- panies alone are said to’ have sixty millio i loaned on farm morte. 3 in North L a John J. Hastings, nancial secretary of the league, stat- ed in a recent interview that at Jeast $30,000,000 is invested in North »Da- | ‘kota securities-by- Twin Gity-banks, The league action, it is beileved, will be attacked on the alleged ground that the plan of. removing all limit for bonded indebtedness, the attempt 10 authorize the stat guaranteeing bonds of public and pri e utilities, | industries and enterprises tor any amount up to ten million in tne case of each eaterprise, and the singie tax burdens of ta i league's economic program clearly dit not have a majority of all tie votes a November it Was not known how the league purposed to proceed s Irom defeat. Nonparu- san Leader carried a wi ig to vol- ers that votes not cast f © amend-| ments would count against them, in- as much as under the constitution the amendments required a majority of all Prior to that time at! imilar tenor had been i: ent Town: ley; one by the republican state cen- tral committee, in a pamphlet en-| titled “Truth,” and a number through) the columns of the Nonpartisan Lead- er. It is expected if Attorney General Langer, State Superintendent of Pub- lic Instruction MacDonald and State} Auditor Kositzky, the league major-| two ity on the canvassing board, force through a resolution declaring the; amendments passed, Secretary of} State Hall, a leaguer, and State Treas-| urer Steen, who opposed Governor | Frazier for renomination last spring, completing the personnel of the board, will join in a report holding that five} of the amendments did not carry. Theodore G. Nelson of Dunn Center, manager of the joint campaign com- mittee which conducted the fight against the league amendments before election, was in Bismarck when the prospective action of the canvassers was announced, but he withheld com- ment. The board adjourned aSturday | ment. The board adjourned until ‘Monday to await returns from Wells{ county, which can in no way affect the result, but which must me in be- fort the board can complete its la- bors. The vote on the league amendments was as follows: The vole on the league amendments was as follows: Initiative and referendum: Redu- cing number of electors required to initiate to 10,000 at large; number required to refer legislation to seven thousand at large; number required to refer legislation carrying emergency measure to thirty thousand at large: Yes, 49,248; no, 32.598; carried. Emergeney measures; Providing manner in which act may be given immediate effect by vote of two-thirds ‘members present and voting in each house: Yeg, 46.121; no, 32,507. Constitutional amendments: Redu- cing number of signatures required on petition to initiate amendments to WANTS POWER lasked by Sec. McAdoo to authorize CONSULS WORKED T0 GET GERMAN AMERICANS OUT OF WAR PLANTS Washington, Dec. 9.—More letters from the secret files of Count von Bernstorff were read today by A..Bruce Belaski, chief of the bureau of investigation of the department of justice. Among them were instructions to all German consuls in the United States to get all Germans out of munitions plans making munitions for the allies. Belaski read to the committee at length from the diary of, Dr. Kar] F. Feuhr, the German agent whose activities figured prom- inently in the investigation. The notes of Feuhr said that on the day following the publication of private letters of H. S. Albert, he consulted with Albert at Cedar Hurst, N. Y., and later discussed the incident with Samuel Untermeyer. FRIENDLY GREETING London, Dec. The German population west of the Rhine becomes more cordial in its attitude toward the troops as the army of Gen. Haig mover eastward. “As we approach the Rhine,” said a London correspondent, “our reception becomes more surpirising. The authorities at Buren stated that they rejoiced at our arrival because they were afraid of their own people and starvation. The revolution is real but there is not much on the surface. The retreating army is not as much Bolsheviki in its tendencies as the reserves. Soldiers talk of their experiences in war with the English and French without rancor. Danger signals are received from time to time when the Ger- man government is afraid that Bolsheviki outbreaks similar to the Russian will take place. Most of these signals seem to be the result of an exaggerated fear.” METZ RECEIVES POINCAIRE Metz, Dec. 9.—This city received President Poincaire today and representatives from practically every department of govern- ment. There was great joy at finding themselves under French government again, To the people of Metz, the visit of the French officials accompanied by General Foch, Gen. Haig, Gen. Pershing and other high civil and military officials was in the nature of an official entry. They approved it by the cheering throngs that crowded the streets. NEARING COBLENZ Amsterdam, Dec. 8.—(Sunday)—The American troops ad- jyancing to, the Rhine will reach Coblenz Monday. MILITIA HARD.HIT Washington, Dec. 9.—Within nine months after the National Guard was drafted into the service, 1,531 of its officers had been eliminated, Brigadier General John H. Heavey, chief of the bureau of military affairs, said in his annual report made public today. These included 1 major general, 16 brigadiers, and 10 other gen- erals. There were 348 resignations. Thirty officers were dis- missed by sentence of court martial and two are carried on the rolls as deserters. The large number of officers dropped could be explained by the fact that only a small proportion had had any military training. _ The aggregate strength of the National Guard drafted into the federal service was given at 12,301 officers, and 367,223 enlisted men. ARRIVES IN BERLIN Washington, Dec. 9.—General DuPont of the French army has arrived in Berlin; according to advices received heretoday and-has established his headquarters in the palace formerly occupied by the French embassy. General DuPont has been entrusted with the transport and repatriation of French prisoners held in Germany. TROOPS TO COLOGNE (BY THE ASSOCIATED PRESS) Aix-La-Chapelle, Dec. 6.—(Friday)—British troops are being hurried to Cologne to maintain order and to stop disorder created by the revolutionists. KAISER MISUNDERSTOOD London, Dec. 9.—Maximilian Harden, editor of a Berlin news- paper, said to a correspondent, according to a dispatch from Ber- lin, that the impression as to Emperor William was a false one, as it was a fact that William had no part in wishing the war, but it was a tool of the military power. “When the moment for declaring the war came, the militarists were afraid he would refuse to sign the declaration.” “He was never happier than when working in the limelight.” BISMARCK ELKS — TOMAKE | TOPLAYSANTA paign for Christmas Cheer for Poor Folks preteen i Washington, Dec. 9.—Congress was | Bismarck Lodge No. 1199, B, P. O. its last regular meeting offi- umed the role of Santa Claus tdinary and determined to act in conjunction with the Salvation Army corps to see to it that there shall be no home in the city of Bis- amrck without a real Christmas din- ner on Christmas day. The Elks are also planning a big Christmas tree celebration for all the kiddies on Christmas day. The Best People on Earth will announce full de- loans after the declaration of peace to governments which have been asso-/ ciated with the United States in the| war to aid in feeding and reconstruct- | ing the devastated countries. A special meeting of the House ways and means committee to which the request was addressed, will meet TO APPEAL CASE | Chicago, Dec. 9.—Preparations were| begun here today to appeal the case of William D. Haywood, general sec-j tails later. retary and treasurer of the I. W. W.| The committee in charge consists and 97 other members of the organi-|of C. M. Henry Hollst, chairman; zation now serving terms at Leaven- 4 Frank Keed, as S: i Tt wee seid the canes | k Reed, as Santa Claus in chief worth, Kans. and J. A. Os: a : a a J 4 trander as first assistant would be taken to the U. S. court of| santa Claus. which means that this appeals as soon as records have been’ enterprise, like everything else Bis- prepared. ma nee ‘marck Elks undertake, will go over | BIG. VESSEL SAFE New York, Dec. 9.—A wireless was ceived today from the U. S. hospital ship Comfort stating that the vessel, | Which carries 400 wounded American .| soldiers would pass the light house at 3 this afternoon. The steamers Adri- * Ig-NE/2tic and Kroonland with about 3,600 spore troops also are expected’ to reach here before nightfall. WEATHER REPORT. For Twenty-four hours ending at noon, Dec. 9. Temperature at 7 a, m. ... Temperature at noon .. Highest yesterday Lowest yesterday Lowest last night Precipitation Highest wind veloci Forecast. Dakota: For North Unsettled to ENSIGN DROWNED Washington, Dec. 9.—The drowning of Ensign Bingham and six enlisted men of the U. S. destroyer Lansdowne when a boat carrying a liberty party swamped in Tangiers harbor was re- ported today by Admiral Sims. night; probably rain or snow east por- tion; Tuesday partly cloudy. ” Lowest Temperatures. 30 30 14 34 42 Fargo Willisto! St. Paul . Winnipeg Helena Chicago .. LAW, CONSTITUTIONAL Washington, Dec. 9—The Minneso- ‘a oil inspection law of 1909,was held twenty thousand electors at large; providing such amendment shall be approved by a majority of votes cast (Coptinued on Page Three.) Swift Current . 36 constitutional today by the Supreme aKnsas City = 46 Court. in proceedings brought by the ORRIS W. ORTS, state to recover from the Pure Gil Meteorologist. Co., for fees totalling $10,000. z