The Bismarck Tribune Newspaper, December 13, 1918, Page 4

_FAGHZ (PAGES ~ THE BISMARCK TRIBUNE Entered at the Postoffice, Bismarck, N. D., as Second Class Matter, GEORGH D. MANN 5 - : - : Editor G. LOGAN PAYNE COMPANY, 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 z 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. MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES. PAYABLE IN ADVANCE Daily by carrier per year «$7.20! Daily by mail per year (In Bismarck).........++++++ 7.20 Daily by mail per year (In State outside @f Bismarck) 5.00 Daily by mail outside of North Dakota..........- -- 6.00 THE STATE’S OLDEST NEWSPAPER. (Establishe@ 1873) <GE> MY DEAR LADY AMERICA: We are wondering if it is quite safe for a mere, man to write you a few lines about a mighty del- icate subject. Some of the staff say: “Sure, go to it, she is the most_ sensible, prettiest, most lovable woman in the world.” Others just roar: “NO — not on your lite!” But we're go- ing to try it just the same, and the subject is what you eat, and how it affects your waist—that is, the size of it, and your complexion, and how by improving your complexion (if such a thing is possible) and reducing your waist measttrement (if such a thing is desirable) you can ALSO prove to the world a truth we have long known: THAT YOU ARE THE BEST HEARTED PERSON ON EARTH. There are a great many millions of people in Europe who have gone through the very horrors of war which the mere reading about made YOU cry. Their babies are dying because the babies have no cow or goat milk, and the poor mothers are too thin and weak to nurse them. SOME OF THE COUNTRIES—LIKE POLAND AND SERBIA AND. NORTHERN... RUSSIA— HAVE NO BABIES UNDER THREE OR' FOUR YEARS OLD, AND YOU KNOW WHY THAT IS. ! So won’t you please help Mr. Hoover — who, perhaps you have scolded a great many times be- cause he cut off your chocolates and other sugary things—by going _ a little short on butter and cream 7 : ’ ‘and eggsand fats and new clothing and new shoes, so that Mr. Hoover can collect these things, and send them “over there,” where our boys have behaved so well that the Belgians and the French people think they’re almost angels? Please, Milady America, do this, will you? P. S.—Dear Lady: Germany’ll ¢at after all the others have let out their belts. That will happen just about the time when Germany will have eaten up this summer’s harvest, which was har- vested. less than two months ago.—EDITOR. ENGLISH: WORLD SPEECH Attention, schoolmasters! English is going to be the language of the world. Even the Germans need it. (For large reasons, including future culture and commerce.) English speech is made up of words adopted and adapted from pretty near every language, liv- ing or..dead: ma ol From the Philippine war it got “hike”. From the world war it gets “camouflage”. That’s one way the language grows. It is the native tongue of the dominant peoples of the world today—the peoples to whom all other races look for food and freedom. Language is the great bond of unity in any country. ° America may study other languages for cultural or commercial reasons. : But English is going to be first and foremost. Every citizen must have a chance to learn it. More schools! More teachers! Better Ameri- canization night schools! These are the needs of Now. Let’s fill them. Schoolmasters to the front! It’s a question whether the Senate’s interest in the peace conference is zealous, or merely jealous. | WITH THE EDITORS | WHAT IS LAW TO THEM? The Townley Bolseviki of North Dakota is hell- bent upon committing that commonwealth to the wildest adventures of state socialism. It had jamong open contemners of law? What is law, any- jority only determines the Townley anarchists to prosecute their purpose in defiance of both. So they have set up a returning board which, in full knowledge that the proposed amendments to the required by law, yet declares they have been rat- ified by popular vote and will certify them to the legislature as so ratified. As the legislature is a mere Townley rubber stamp, it will proceed by resolution to record the amendments as adopted and part of the basic law of the state. The su- preme court, as part of the same machine and un- der the same control, is expected to affirm the le- gality of the proceeding and the villainy is com- plete. The fact that five of the Townley amendments, quite necessary to the wild plunge into experi-| mental socialism, failed to receive the majority of all the votes cast—a requirement of the North Dakota constitution common to the organic law of most of the states and recognized before the election by the bolsheviki leaders and their cam- paign committee. But what is a constitution how, when it stands as an obstacle to their schemes? The only wonder is that with their hands upon every agency of state government they thought it worth while, in the beginning, to seek the cover of law for the prosecution of their plans. It is not to be expected that the self and law re- specting citizenry of North Dakota will submit, without invoking the last extremity, to this law- less over-riding of constitutional safeguards. If the remedies within the state are exhausted in vain, no doubt federal grounds will appear upon which the anarchistic methods may be subjected to review by higher courts outside’the jurisdiction of North Dakota and the wrong righted. The situation. has assumed an aspect even more serious than a plunge into the dark waters of state socialism. It is an open and defiant over-riding of the law, under cover of an appeal from the consti- tution to an incompetent and obsolescent statute providing that a majority of votes cast on a public question carries that question. How any court of review could sustain such a piece of anarchy is beyond belief. How any decent citizen could rest supinely under such usurpation is inconceivable. And how any market could be found, in the cir- cumstances, for the hundreds of millions in bonds, which is part of the socialistic program, is beyond comprehension.—St. Paul Dispatch. 3 OUT OF THEIR OWN MOUTHS , Further enlightenment on:the pre-election ad- herence’‘ of the North Dakota Nonpartisan League Socialists to the plain.mandate ofthe state Constitution and on their post-election repudiation of that mandate is given ina Tribune news story in this issue. 5 : ¥ i These Socialists made particularly fervent pre- election appears to voting members of the league to see that the proposed constitutional amend- ments permitting the carrying out of the Socialist economic program should be adopted as part of the basic law of the state. In these appeals A. C. Townley, president of the league, and William Lemke, exedutive:head of the league’s state cent- ral committee, called repeated attention to the fact that the amendments, to be approved, must have a majority of all the votes cast at the general elec- tion, and not merely a majority of the votes cast on the particular questions in issue. Over his own signature in the North Dakota Leader on October 26, Mr. Townley said, in part: , So the first thing you do, if you want any state elevators, flour mills and banks, is to vote “yes” and pass these ten amendments. It’s a hard fight, because more than half‘of all the votes cast for governor must vote-“yes” on the amend- ments. That is, if 85,000 vote for Frazier and 15,000 vote for Doyle (candidates for governor), and 40,000 vote “yes” on the amendments and 10,000 vote “no” on the amendments, the amendments would not pass. * * * If you vote “no,” or if you fail to vote, you are counted against the amendments. ‘ In a campaign pamphlet issued by Mr. Lemke as committee chairman, on page 15, these words appear In order to carry, the constitnutional amendments must have a majority of all votes cast, so that the citizen who does not vote at all on these amendments is helping defeat them as much as the man who votes against them. Four weeks after the election, when the official count showed that several amendments vital to the Socialist-Nonpartisan League program had been defeated, the Townley adherents reject their own words, ignore the constitutional mandate, dig up a state statute enacted twenty-two years before the mandate was made effective, and declare that, under its terms, the amendments passed muster before the people on November 5. The state can- vassing board, a majority of which is of league stuff, has followed suit. - And thus the organic law of the state of North Dakota, adopted at the polls by the people of the state, is calmly set aside because it interferes with some pet schemes of the Townley Socialist leaders. that pass that one of: the states of the Union has come. If we had not some fifty years ago estab- preferred to undertake the ruin of the common- wealth under color of law and with the consent of the voting majority ; this, of course, for obvious * reasons. But failure to get the support of the law| partisan control, would be to secede.—Minneapolis _and the countenance of the necessary voting ma-{Tribune, : lished the supremacy of the federal government constitution did not receive the affirmative vote; That is plain, unadulterated anarchy, and it is to| BISMARCK DAILY ‘TRInLiNG co BISMARCK DAILY TRIBUNE will DESTROYER TAKES COLLISION TO SAVE BY HAROLD E. BECHTOL, European Manager of N. E. A. London, Eng.—With a splintering crash the huge liner—one of the big- gest in the world—tore into the U. S. Destroyer Shaw, and through her. Thirty feet of the destroyer’s nose was sliced off. Fire started. Oil on the destroyer’s deck blazed furiously. . Emergency ammunition lying near. the four-inch gun was “kr-boom-ing” at intervals. And through the blazing oil, disre-. garding the explosions, knowing: that the magazine right under the flames might let go any second, scampered the destroyer’s naval crew—cool dimer icant who never thought of quit- ting. t They picked up ammunition that was as likely ag not to go.off in their hands, and tossed it into the sea. Their clothing often caught.fire from walking through the flames, They veat it out and went on working. They did the j6b: . The fire: was: put out; the magazine didn’t go off. And minus a’nose thé Shaw’ limped, into British port backwards. — 2 A lot of these young Americans’ were pretty badly damaged. So was the Shaw. But they got her in. Admiral Permits!'*’*” Details to Be Told. rEg 4 ; Admiral Sims’ “staff now ‘permits publication of the'wWhole istary of the Shaw collision. All the acts of: hero- ism cannot ve told; thaf would take a book. And the men mentioned here are no braver than a lot of others on that destroyer. But these stories will give an idea of the kind of scene that was enacted out these miles from land, after that collision. In the first place the Shaw sacri- ficed herself rather than take a chance on ramming the liner. The steering apparatus ‘became jammed. The commander: saw his destroyer was headed across the troopship’s bow., If he speeded up he might make ‘it. “But h@ was*very, likely -not to make it and ram the liner—possibly sending a lot of soldiers to the bottom of the ocean, ~ The other thing to do was to. slow down. That way he couldn’t damage the liner but he would probably be cut in two. This all happened ina |few seconds and the steering gear was jammed in such a way that the destroyer wasn't traveling in a straight line. So the problem wasn’t easy. But the commander sized it up quickly and slowed down. He succeeded in maneuvering so skillfully that only the front end of the destroyer was struck. First Thought Is of the Liner, His first thought was for the liner. He.megaphoned up; from what was left of his vessel: 4 “Any damage to you, sir?” . “I don’t think so, sir: I'm investi- gating,” replied the skipper of ‘the liner. vie | ea MOTHERS, DO THS— When the Children Cough, Rub Musterole on Throats * and. Chests. No telling how soon the may develop into croup, or worse. And then’s when you're glad you have a jar of Mus- terole at hand to give prompt, sure re- lief. It does not blister. As first aid sore. muscles, chilblains, id colds of the chest (it and the indissolubility of the Union, probably the next thing North Dakota would do, under Non- eae 1B ——— SHELLS THROUGH BLAZING OIL; BACKS TO PORT, BOW GONE Mer; Gunner’s Mat “SINKERS ‘AND COFFEE” © ~~ 4 aes never be without them at your canteen? STORY OF SHAW’S SACRIFICE TRANSPORT; CREW THROW BOAT Then the oil on deck caught fire. “Flood the forward magazine!” was the order. That had to be done from the chart- house, which was surrounded by fierce flaynes and itself on fire. Lieut. Com. Van L. Kirkman, and Lieuten- ant Edward D. Riley and Ensign Ross Dierdorff jumped into the flames. iKrkman got the wrench on the flood cock, but the collision had jammed the mechanism. She wouldn't turn. It had to be done. "That meant go- ing »through . more fire and getting more burns. But. it was done. Three others who assisted were Lieut. Com: H.-G. Shonerd, Ensign T. C. Briggs and Carpenter G. R. Lytton. <The’ shells: Kept on deck alongside the 4-inch gun were also, poppirig all this‘ while, that wouldn't do, One’ of them might set off the magazine.''’ The captain gaye\ithe order ‘and {ked-over into the ‘rom: the: bidz- these four men wal flames, about five ing ofl:tank and tl dack, picked up the Shelig’ id them overboard. Chief Boatman’ Chief Pharmacist’s Watertender G. “SUPREME From Ransom County. Joseph Welderhold and Henry J, Geisler, plaintiffs and appellants vs. Lisbon Special School District No. 19, the board of education_of Lisbon Special School District No. 19, W. F. Grange, Alfred ‘M. Kvello, Thos A. Curtis, A. C. Cooper, C. D. Clow, and W.'S. Adams, defendants and respond- ents. ‘Syllabus: In an action brought by citizens and tax payers residing within an area affected by the proceedings of a board of directors of a special Bea a pict, ig territory,to.the district, 1, That a complaint which alleges EVERETT TRUE r COUR a T.| ad ARG BETTER MADE. TH You win! INSTEAD OF TALKING ME INTO A SALE, YOu'VE TALKED ‘Vent superior a husband Nou'tt HAVE TO HUNT A LONGTIME “BEFORE {ian EA THAT CAN HOLD A‘ CANDLE TO Are you ready to answer “Present” to the American Red C ross Christmas Roll Call so the boy you know over, there (Sketched for the American Red Cross by C. Le Roy Baldridge, curtounist of “Stars and Stripes,” the official organ of the American, Expeditionary Force in France.) BECHTOL TELLS FIRST _| the non-existence of facts required to give the school boerd authority to enlarge the district states a cause of action. 2. The legality of proceedings of a ;Schog] board in reforming a district. by adding territory thereto. which could have Seen tested at the common law by a writ of Quo Warranto or by information in the nature of Quo Warranto, bay be tested in this state by a civil action in the district court under Section 7969 of the Compiled Laws of 1913. Appeal from district court of Raa- som county, Allen, J. Plaintiffs appeal. Order reversed. Opinion of the court by Birdzell, J. Christianson, ch. J. dissents. Bronson, J. did not. participate. Kvello & Adams, . Lisbon, attorneys for defendants and respondents. M. O;:Thompson. and Chas S.! Eg Lisbon, -attorneys: for plaintiffs an appellants. setore Istiqeed! From Cass County. Elizabeth Méry Vaniet. plaintiff and respondent, ' vs. Cole, defendants Sy-labus: 4:' “Under ‘Section the Cc piled ‘Laws’ of 1913;' it 48 the duty of an “auto driver’ who” has’ observed a pedestrian about to cross a street crossing in fgront of his automobile, while operating’the same on the pub- lic streets of a. city, to, give warning and appellants.’ ; of hig approach by bell or by horn, ‘if 3 | thereby injury can be avoided. 3 2." Under the ddctrine of ‘respond- le for the negligent operation bile owned ‘by him and d¥ty wife with his full acquiescence consent foF purposes of business or pleasure of the family. 3. In an action for personal ‘injur- ies sustained by collision with an au- tomobile, evidence held to require the submission of the question of de- fendant’s negligence and plaintif?'s contributory negligence to the jury 4. Where the plaintiff in an action for injpries is struck and knocked down senseless by collision with an automobile, ‘held under the evidence, the maxim raised, res ipsa Idquitor odes not apply. County, A. T. Cole. J. : Action: te recover:damage3 for per- sonal injuries)? “~ z : rom a verdict directed and judg- By Conde BECAUSE, YOU SCE, IN THE FIRST PLACE THEY IS 1S WHAT YOU WANT. BEFORE (You THis Cine ORS: 5 me OUT oF IT W Appeal. from district. court of Cass, BE. H!' Cole and: Mary |’ Cascarets Work While You Sleep No headache, biliousness, up- set stomach or constipa- tion tomorrow Spend 10 cents—feel grand! To- night take Cascarets to liven your liver and clean your vowels. Stop the headaches, bilious spells, sourness, gases, coated tongue, bad breath, sal- lowness and constipation—Take Cas- - carets and enjoy the nicest. gentlest “inside cleansing” you ever exper- ienced. Wake up feeling fine. Cas- carets is best cathartic for children. Taste like candy. No disappoint- ment. Thirty’ million. boxes of this harmless, famous: cathartic are sold each'year now. =a ment entered for the defendant, piain- till appeals. . Reversed and new tria] yranted. Opinion of the court by Bronson, J. Grace J. concurs in result. Christian- son, Ch. J. dissents. Smith Stimmel, Fargo, attorney for plaintiff and appellant. Lawrence & :Murphy, Fargo, attor- neys for defendants and respondents. From Steele County. Loren N. Bugbee, and Charles V. Green, plaintiffs “and Appellants, vs. County of Steele, et'al, defendant and respondent. F Syllabus: 1. In an actjon ‘by plaintiffs to per- petually enjoin and restrain defend- ant from taking any further-proceed- ings in the matter of submitting to the electors of Steele County at the primary election to be held June 26.. 1918, the question of the removal of the county seat. of. Steele county, and from distributing ballots , therefor, and canvassing returns from the votes at such primary election, such prim- ary eléction for thé removal of said county.seat being held under and pur- suant. to the: provisions of Chapter 102 of ‘the Session Laws of 1917, which relates only to the removal of that class of county seats not on a railroad or o~ interstate river, it is held that the relief prayed for should not be granted and the application for per- petual injunction should tte denied. 2. ‘The fom and ‘substance of the petition, notzzé and ballot used in said primary election were a sufficient compliance with the requirements of Chapter 102 of the Session Laws of 1917, and other Jaws adopted as a part thereof.. ” i Appeal from district court of Steele county, A. T. Cole, J. Affirmed. F ‘|, Opinion -of ‘the court by ;Grace, J. Brace, ’ch: J. and’ Robinson, ‘ring’ specially... . : 44) *’ Pp, 0..aCthre;> Finley and’ Engerud, | Divet,’ Ho {| & Frame Fargo, attor- neys for defendants and respondents. George. sBangs-.and George R. Robbing;..Grand,,Forks; attorneys for J. concur- ‘go72 of the Com:|'°%" stockhol sof.” the ie Bank of. Bismarck: for the election of directors ‘tor the ensuing year will be held at the bank ‘between, thé. hours of 11,and,12 o'clock: a. ft January 14, 1 1213/20 2 This is last. day. to place:your d! xmas Suit:or Overcoat : order. Open this evening till 10 P. M. Klein Klothes are selling on their merit and price. Klein, Tailor and Cleaner. OH! THE CHARM : OF BEAUTY Let Stuart’s Calcium Wafers Restore - The Color to Your Cheeks and Remove the Cause of Pim- — ples; Blackheads, Ete: ‘Everyone ‘envies ‘a beautiful skin just as every one envies a healthy Puna Unsighily faces filled with pimples, - discolorations; -‘blackhead#, etc, are” nothing ‘but -unhealthy faces dite to blood. impurities." 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