The Bismarck Tribune Newspaper, December 9, 1918, Page 4

* PAGE 4 THE BISMARCK TRIBUNE - Entered at the Postoffice, Bismarck, N. D., as Second Class Matter. GEORGH D. MANN = > = i = ‘Editor G. LOGAN PAYNE COMPANY, Special Foreign Representative NEW YORK, Fifth Ave. Bldg.; CHICAGO, Marquette Bldg.; BOSTON, 3 Winter St.; DETROIT, Kresege Bi 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 cote in this paper and also the local news published erein, All rights of publication of special dispatches herein are also reserved. MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE Daily by carrier per year . $7. Daily by mail per year (In Bis 7. Dafly by mail per year (In State outside 3 Daily by mail outside of North Dakota............+ 6. THE STATE’S OLDEST NEWSPAPER. (Established 1873) <> EARLY BUYERS GET BEST CHOICE! Only 15 more shopping days to Christmas. Early buyers are getting first and best choice of gifts. Early buying is the new habit. It is preparedness in gift-buying. Every merchant and dealer is ready for you. Every clerk is ready to give you a smiling wel- come and all the hints you need. Early shoppers are favorites of the clerks and the dealers. That’s because the earlier in the season you do your shopping the better the assortment’ and the bigger the stock of goods to offer you and the more time there is to devole to filling your indi- vidual wants and needs. Besides, when you shop early you are not dis- tracted by any great jam of excited, eager buyers into forgetting what you came after or driven in desperation to buy something you don’t really want. Nor are you likely to get your hat knocked off, your coat torn half off your back, your feet tramp- led on, your temper rumpled and get back home so tired out that you’ll wish Christmas never would come to you again. ; So shop early—today! WHAT OF THE SONG LEADERS? “A great deal of attention has been given to music as an effective factor in military training,” says Secretary of War Baker in his annual report to congress. “This,” he says, “has been done through mass singing in camps and communities, singing on the march as a physical stimulus and source of cheer, competitive regimental and company singing, rec- reational singing in soldiers’ free time, the organi- zation of quartets, glee clubs and choruses, and the ‘training of company and regimental leaders to aid the camp.song leaders. Song leaders to the number of. 53 have been assigned to the camps as civilian aids to the commanding officers.” Now that the war is over, what are we going to do with these 53 song leaders? And. what are we going to do with all training in regimental song? z \, These 53 song leaders are out of jobs, or will be, owing to peace. They did their duty bravely dur- ing the war. They are veterans. Shall they be reconstructed? Or shall we keep them to lead us in song as we march out of the factories at even- tide and dash for the street cars on the way home? And will “our boys” keep right on singing as they go after they come home? Well, that depends—on us. It would be a pity to waste all that musical training, wouldn’t it? Can we make them happy enough to keep on sing- ing? this 44 LISTENING TO THE GRATE FIRE The wood fire in the open grate. The quiet hour of a wintry evening. Who does not revel in the combination? The pictures in the flames. The musings as the fire crackles, the only sound in the stillness. Ancients in Persia, in other lands and times, wor- shipped: fire. It-was the symbol of purity, or purification. Poets have found the fire on the hearth an in- spiration. Painters have seen pictures in the glowing coals. We see them too, in the silence of the evening time. But the wood-fire in the open grate is more than a symbol of purity, more than a creature comfort, more than a sign of personal prosperity, more than a setting for dream-pictures. It’s a symbol of action. It’s a picture of ambition. It’s an incitement to endeavor. The flames are never still while there’s material to reach. Reaching, grasping, keeping, never content, nev- er idle. Action! That’s what the wood fire in the open grate is saying. The fiames leap higher and higher so long as there is fuel to feed them. When the fuel is con- sumed the flames wither and die. Ambition must be fed. That’s the lesson of the firé. You can’t get the fire of ambition to burn in the worker’s brain to energize his hand unless it is/fed, and fed again. Take away incentive, make labor ineffective, and the laborer’s ambition dies. And what is a man without ambition? An axe without an edge. Employers need to think about this. To get the best out of the man, give scope to ambition. Put incentive before him. Put a light in the windows of the goal. The wood fire.in the open grate is an incitement | publicity. ekanee << BISMARCK DAILY TRIBUNE to endeavor. There is no idleness in the fire which attains its end. We look into it and are inspired. We ought all to have an open wood fire. Set your mark there over the grate. other fellow to do the same. “THE GOVERNMENT AT WASHINGTON STILL LIVES! Sea Sickness. Now, what are the chatterers and chafferers ) against this presidential absence going to do about! it? We don’t think they have the guts to do any- thing about it. But while they’re thinking over the thing, the i rest of us can look up the cold facts on this ques- tion of busted precedents—the departure of a | president for foreign parts. The federal constitution nowhere forbids Mr. Wilson to leave American soil during his term of office. Article 2, Section 2, of that document says the president “shall have POWER by and with the ad- vice and consent of the Senate TO MAKE TREAT- IES, provided two-thirds of the senators present concur, It doesn’t say whether he shall make treaties in Washington, Paris or Pekin. Article 2, Section 1, of the federal constitution says that in case of the president’s “inability to dicharge the powers of his office” the office shall devolve on the vice president. The president is, under the constitution, “com- mander-in-chief of the army, navy and militia of the United States. How could he act in these capacities and remain in Washington while the navy was in the North Sea and the army in France, Belgium, Italy and Siberia? By cable and by wireless, of course! How can he “discharge the powers and duties of said office” of president of these United States while on the deck of the ship George Washington or on French or British soil? By cable and by wireless, of course! When the constitution. was made there were no cables, no wireless telegraphs, telephones, steam or electric railroads or airplanes to bridge distances in minutes and seconds. The constitution was made in stage-coach days and some Americans are still interpreting and thinking of it in stage-coach terms. President Wilson while abroad can transact the business and duties of his office as‘easily as Brown or Jones of New York can keep their fingers on their business in Boston or Washington between meals. While President Wilson is abroad for the defi- nite purpose of seeing that no erroneous interpre- tation is placed by the peace conferees on his ut- terances on the great issues to be decided in the Versailles conference—the league of nations, the self-determination of peoples, the destruction of militarism and other vital questions, it is well to remember the explicit language of Article 2, Sec- tion 2 of the federal constitution quoted above. President Wilson isn’t able to bind this nation to anything not accepted by a two-thirds majority vote of the United States Senate. If any untoward thing should happen to Wood- row—and all Americans pray for his safety all the way going and coming—we will do well to remem- ber the truth embalmed in the solemn utterance of General James Abram Garfield to. the throng in New York when the news of the loss of Abraham Lincoln was broken to them: “God reigns and the government at Washington still lives !! This is\a government of laws and principles, not of men only. It is safe whether the president is in Washington or in Paris or joined to “the silent ma- jority.” KEEP UP WITH SANTA CLAUS! Only 1 more days to Christmas! Our artist shows Santa Claus traveling by air- plane. He’s up to date. of travel. You'll need to hurry to keep up with Santa Claus! i Only 13 more shopping days before Christmas! Shop early! Shop today! Don’t put it off a minute! The Christmas saint no longer travels by the old reindeer-sled plan. It’s too slow for this fast age. Putting off Christmas shopping is as out of date as traveling across the continent by ox-cart. You see, it’s a case of'first come, first served. And there aren’t too many clerks this year, you know. Clerks are still trying to do double duty to tide’ over the labor shortage. If you want to be waited on promptly, shop early! Shop while That’s the swiftest method day. Shop early while gift assortments in the stores are full and complete. That will make your task of picking a gift ever so much easier. Whatever you do, shop early! Early in the day! Early in the season! Five hundred newspaper men en route to the Peace conference! ‘ And yet some people are wor- ried for fear its proceedings won’t receive enough Hig 5 DAE A ask sie There is fulfillment, accomplishment in the flame Help the Well, the president is on the deep blue sea; he’s outside of American territorial jurisdiction and, incidentally, within the jurisdiction of good old Wy BY —. C. RODGERS. N. E. A. Washington Bureau 1128-1134 Munsey Bldg., WASHINGTON D. C, Democracy is struggling for foot- hold in the United ‘States Senate. Autocracy rules in the Senate through the “big four’: Eois Pen- rose of Pennsylvania, Henry Cabot of Massachusetts, Francis E. Warren ‘of Wyoming, and, Reed Smoot of Utah. Penrose is the ki and Sroot, are, so to speak, his crown princes, or to be ulainer, his right- hand men. These four will rule the United States Senate beginning March 4 next unless the ‘Senate is “made safe for democracy”"—NOT THE PARTY BUT THE PRINCIPLE. Norris Is Leading Insurgent Forces, It is to overthrow this axtocracy that Senator Norris, Republican, of Nebraska, introduced his resoiution to avolish the seniority rule so far as it affects the eight mast important com- mittees, appropriations, finance, mil- tary affairs, naval affairs, | judiciary, interstate commerce, . foreign , rela- tions ‘and postéffices and postroads. ‘Norris, as a‘member of the House of Representatives, led the progres- sive fight which scotched Cannonism in the Congress and which gave birth to Roosevelt's Progressive party. He would make it impossible for a sena- tor who is chairman of one of these important committees to serve on any other of the eight. That would make it less easy to control Senate legis- lation. “As it now works,” Norris explain- ed, “there is a sort of INTERLOCK- ING DIRECTORATE in the Senate The result is that 90 per cent of the membership is prohibited from par- ticipating in the consileration given to some of the most important legisla- tion. “My resolution would make it possible for this small coterie of sena- tors to control the Senate's consider- ation of the most important bills. Other members of the ‘Senate besides those few would participate.” Autocrats Plan. Close Control. ’ This is how the Senate autocrats Propose to control the all-important. reconstruction legislation in the next Congress: The big committees will be divided up among Penrose, Lodge, Smoot and Warren, all safely conservative. Warren will, if the seniority rules hold, be chairman of the agriculture (and forestry, appropriations. military affairs and public buildings and grounds committees. And he will be on the rules committee. Penrose will-be chairman of the finance, naval affairs, postoffice and postroads and the expenditures in the Department of State committees. ~ Al- #0, he will be on the immigration and education and labor committees. - FOR LUMBAGO Try Musterole, See How Quickly It Relieves Be cg a the shopping is good—in the early hours of the] ge SANTA TRAVE AUTOCRACY MUST FIGHT FOR LIFEIN U.S. SENATE ig; Lorge, Warren}i im-} Lodge will head the foreign rela- tions committee, and will be on the finance, manufacturers and ‘nayal af- fairs committees. Smoot will be chairman of the pubb- lic lands, printing and expenses of the Senate committees,and will be a mem- ber of the appropriations,” finance, pensfong and civil service cammittees. Progressive Fight e 4s Looming. Ahead.; ; The. progré, e fight looming high ghead is to-oyst the Penrosdians: from control of cominittees, to make it: #tn- possidle for Penrose;, Smoot, Lodge and Warren to. get’ an the same: com- mittees and to place’them where they cannot’ help eachother insert jokers in conference ‘measurers. ““If the present,Senate refiiges to adopt my resolution,” ‘Norrig stid, “I will reintroduce it the first day of tho next Congress.” ks Will Hays, Republican % national chairman, has been trying td! sthooth out the differences between the Fen- rose bunch and the Progressives, but Penrose refuses ta-let. go his grip on the next Senate: Particularly is he the finance: committee, which will have the’ tariff .and” other | revenue legislation in charge. Penrose, for a generation boss of Pennsylvania, refuses to pay any at- tention to Hays. /’ And the Progressive wing. of the Republicans, led by Borah , Johnson. Norris and Kenyon, refuse to budge an inch in favor of the Penrose auto- cracy. They insist that Penroseism must be stiffled in the Senate as Cannonism was in the House. The standpat Democrats are lining up with the Penrose autocracy; the radical democrats are with the Pro- gressive. Republicans: E Phone 75, City Fuel Co. For the Beulah Coal LS FAST TODAY due, 4a opposed to’giving up, his control of}. SPEED IS HIS abo NAME! | SUPREME COURT | oo —_—_* From Eddy County. Gilford York, plaintiff and respond- ent, vs. General Utilities Corporation. a foreign corporation, and James Rheinfrank , defendants and appel- lants, Syllabus: This is a personal injury: suit in which plaintiff. seeks eosrecover;: for an. injury ‘resulting from,:the: ‘alleged negligence of the defendants. For erroriin’ the instructions,’ the’ judg- ment is reversed’ and :thé case’ “re- manded fora: new trial. , Appeal fromdistrict court:of “Eddy county, Buttz, J. te dytap keg i »Defendants appeal; ‘Reversed and new trial ordered. Opinion of the court by Robitson, J; Brucé ‘Ch. J., Christianson and Bifd! a. J. + concurring’ specially. Grace,'J. concurrs in regult. ata ‘Lawrenee & Murphy, ‘and‘ Young & Conny, Fargo, attorneds for defendants and appellants. (Rinker &‘Duell;New Rockford, Jul- fan E. Brown, D. J. Holihan, ‘St. Paul Minn. (TDs Sheehan, * St." Paul, “of counsel): “attorneys for plaintiff, iF rom?Grand, Forks County.” County: of Grand “Forks, in the State, of North Dakota,:'a: corporation; ’ plaintiff. and appellant; vs."Cream of Wheat Company, a corporation, de- fendant and respondent. ‘Syllabus: ‘Section 2110, Compiled Laws 1913, relating. to a taxation of domestic cor- porations and associations, provides that every such corporation and asso- ciation shall be assessed for the amount which its paid up capital stock,—(as determined by the market value thereof, if it has market value, and if it has no market value, then by its actual value,)—exceeds the aggre- gate of the values of the real and per- Watson, 2 MONDAY; DEC.:9, 1916 a domestic corporation under the rule prescribed by this section does not take the property of such corporation | without due process, or deny to it the equal protection of the laws, ).even though all of its tangible property is located out side of the borders of the state: “ HELD, further, that, such .assess- ment does not. infringe upon;: any rights guaranteed to such corporation by Section 9, Article 1 of the Federal constitution, or by Section 16, of the constitution of North Dakota. Appeal from a judgment of district court of Grand Forks county,’*;Coo- ley, J. “ Plaintiff appeals. Reversed. Opinion of the court by Christian- son, J. Grace, J. concurring iu the ‘re- sult. Robinson, :J. dissenting. Geo B. Wallace, Bismarck and 9. 13. Burtness, Grand Forks, attorneys ‘for ‘appellant. Brown & Guesmer, and Harry S Carson, ‘Minneapolis, and Murphy & Toner, Grand Forks, for respondents. From ‘Ransom County. John Mougey, plaintiff and appell- ant, vs. Hugh Miller and M. J. Cooney, Jr., co-partners doing business as Mil- ler & Coney, defendants and respond- ents. ‘ Syllabus: Where a motion is made to set aside and vacate a judgment and such no- tion is nof based upon an affidavit of merits and there is no proposed veri- fied answer and there ‘is: no. fraud in the procurring of the judgment, it is clear abuse of discretion of the trial court to grant such . notion setting aside and vacating the judgment. ‘Appeal from district court of Ran- son county, Frank P. Allen, J. Reversed. tae Opinion: of the court ‘by Frace, J. ‘Robinson, J. lissenting. . T. Burke, Bismarck, attorney for plaintiff and appellant. . G. Bangert, Enderlin, : attorney for defendants and respondents. From Morton County. Matt Froelich, plaintiff and respond- ent, vs. Northern Pacific Railway Co., a ,corporation, defendant’ and appell- ant. ee ue ‘Syllabus: This is a petgonal injury suit in which the plaintiff recovered a ver- dict and judgment for $5000 for a sad accident by which he lost four fingers c rom .the right hand. He was night workman in the round house at Man. dan, He was employed as an engine box packer. On a May morning while it ws yet dark, he went into the car shop, turned on the lights, started the circular saw. as he claims for the pur- pose of making a tool. box to use in his employment; but he had no right or authority" touse the:saw abd do- ing go he was a’ ‘mere: ‘trespasser. ‘The ‘injury did" not-result in whole or in part from thé negligence of anyo officer agent or employee’ of the de- fendant,,or by reasob insuffidiency’ ih, its ‘4 equipment,” Judgment action dismissed. Jacobsen.&, Murray, Mott, attorneys for respondent. ~ oreo Ward County: \Other ‘K. Jensen, vet al.. plaintiffs and appellants, vs. ‘Sawyer State bank, defendant. a espondent. and H. Thorson and{T. D. Thorson, Inter- venors and respondents. ‘Syllabus: (1) The purchasers of the capital stock of a bank:are not laible for the payment of notes. executed and negot- jated by a former officer or stock- holder of ‘the said. bank and secured , by a mortgage on lands deeded by the bank by said person, on condition that he should raise money ‘thereon and turn the proceeds into the bank, when no record of the agreement was made on the ‘books of the ‘bank or in the minutes of the lirectors and the purchasers ofthe. stock had no notice of.the prior agreement or transac: sonal property owned, and the amount}.tion ‘at the time of their purchase. of . the. total. indebtedness“ (except current expenses) awed, ‘by such cor- poration or association. HELD, That’ an assessment against (2) The ‘knowledge of an. intermed- iary:in a sale is not imputed to the purchaser. ‘ (3) The doctrine that one may not reject that which is beneficial to him >| ina contract and retain that which is betieficial is held:to be not applicable in the case at the bar. © é Action to declare a trust and to re- cover from the purchasers of stock, money formerly advanced ‘to a bank. Appéal from the district court of Ward couity, K. E. Leighton, J. “ Judgment for defendants and inter. venors. Plaintiff appeals. < Affirmed. Opinion of the court by Bruce, Ch. J. Grace. and Robinson, JJ. dissent. W. S. Lauder, Wahpeton, attorney for plaintiff and appeddants. Engerud, Divet, Holt & Frame, Far- go, and John B. Greene, Minot, and Palda & Aaker’and Greene, Minot, at- torneys for defendants, intervenors, and respondents. 1. eer. Our !! 3% WANT TO BUY, AND HOUND FOR A_ FACCING SCC LET MY WANTS BE KNOWN $ IN THE MEANTIME DON'T STAND AT MY ELBOW WAITING UKE A HUNGRY L-CAN DECIDE WHAT wen 1 DO AND cRuMB |) gHOMPHREYS" Goroer William Phone 75, City Fuel Co. For the Beulah Coal HUMPHREYS’ ‘The full Jist of Dr. Hmaphreys’ Remedies for internal and external use, meets the needs of familles for nearly every ailment from Infancy tu old age—described iu Dr. Humphress” Manual mailed free. PARTIAL LST te ne ~ 1. Fevers, Congestions. Inflammations 2. Worms, Worm Fever 3. Colic. Crsing. Waxefulness of Infants 4 Diarrhea of Children and adults ‘7. Coughs, Colds, Bronchitis &. Toothache, Faceachs, Neuralgia 9. Headache, Sick Headache. Vertigo 10, Dyspepsia, Indigestion Weak Stomach 13, Croup. Hoarse Cough, Laryngitis 14. Eczema, ptions. 'S. Rhedmatism, Lumtago Adee, Malaris 17. Files, Bhnd. ‘Bleeding. Interr.a1, B: 19. '¢ Inflnenga, Cold in Head ore wr For sale by drugyists everywhere, ” : HOMEO.: MEDICISE co, end Ann Streets, New York.