The Bismarck Tribune Newspaper, December 14, 1918, Page 1

>. ‘Dee Pes SCOTS See THE WEATHER Partly cloudy tonight. THE BISMAR‘ K TRIBUN LAST EDITION tere eee econ THIRTY-EIGHTH YEAR. BISMARCK, NORTH DA KOTA SATURDAY, DEC. 14, 1918 BUYER OF BONDS UNDER FALSE LEAGUE AMENDMENTS DOES SO AT OWN RISK SAYS Venerable Nonpartisan Jurist Sounds Warn- NEXT COURT MAY NULLIFY ACTION Admits Present Tribunal May); Uphold Langer But Says Decision Won't Stick | Associate Justice James E. Robin-| son, probably the oldest active bar- yister in North Dakota, and who, well past the age of 80 was elected to the supreme court by the Nonpartisdn league by the highest vote ever given any league candidate in this state ex- cept Governor Frazier, joins with Sec- retary of State Hall, another leading leaguer, in taking issue with Attorney General Langer’s opinion holding that the five league amendments which failed to receive a majority of all the votes cast in the recent election are carried. In his Saturday evening letter, over his own signature, Judge Robinson of- fers the following comment:! t “The total votes for Governor Fra- zier and Mr. Doyle were 91,250. The total vote for attorney general, 87,320. The total number of votes cast at the general election was 94,055. For the initiative and referendum the votes were 47,447, for hail insurance, 49,878. Neither of the other five league amendments received ‘a majority of all the votes cast at the general elec- tion,’ though each received ‘a Majority of all the votes severally cast for or against the same.’ By the express words of the 15th amendment, the lat- ter vote is sufficient when it is given on the passage of mere laws. But when. the vote is on a constitutional mea- sure, then, by the 16th amendment, it is approved only. when it; ‘receives a majority. of all the votes:cast at the general elgction.’ a aa \ “Now it seems:there is a doybt, and the doctors of law and professors ‘dif- fer as to what is meant by ‘a majority of all the votes cast at the general election.’ ‘This’ is’ a’ misfortune, be- cause, though out’ good Nonpartisan coutt may sustain all the amendments, in four years henée,. when we shall have walked the plank, our successors | may nullify the ‘decision, just'as we nullified: the decision of)the! former judges in. the New. Rockford ‘case. In this age of progress, the opinion ofa court, a legal oracle or a law pro- fessor settles no principle of law un+ less it is right . We no longer hesitate to disregard an,erroneous or rotten, decision. The result is that 4 pur- chaser of state bonds or any person acting under the questionable amend- ments will have to be wary and take his own risks, regardless of any de- cision.” x Judge Robinson’s letter follows: SATURDAY EVENING LETTER (By Justice J. E. Robinson.) December 14th, 1918. During the first week of December our Court heard debates on fifteen cases, and since then we have busied ourselves in writing decisions. On Tuesday of next week we commence the hearings of debates on fifteen other cases. All of them we purpose to consider .and decide during the present year. Our aim is to dispose of thirty cases a month, and in that way to catch up with the work durins the next. year. Now, every day, the judges are on time to a minute, but on ThursdayJudge Bronson went to Grand Forks to ‘bring here his family and Judge Birdzell went with him for company, and, as: 1 guess, to meet some old-line friends. We regret this loss of time. ~ | = Well, the election is over; the votes are counted, and those who win laugh. What are the results and the lessons? The state officers are elected as fol- lows: ‘ fi Governor Frazier; 54,000. Thomas. Hall, secretary of, state, 62,000. Carl Kositzky, state auditor, 55,000. ‘Obert Olson, state treasurer, 54,000. William Langer, attorney general, 55,000. S. A. Olsness, sioner, 55,000. Bronson, supreme ‘court, 49,000. Miss Nielson, superintendent of schools, 58,000. The total votes for Governor Fraz- jer and Mr. Doyle were but. 91,250.! The total vote for attorney general, 87,320. The total number of votes cast at the general election was 94, 55. |For the initiative and referen- dum the votes were 47,447; for hail insurance, 49,878. Néither of the oth- er five league amendments received “a majority of all the votes cast at the general election,” though each re- ceived “a majority of all the votes severally cast for or against the same.” By. the express words of the 15th amendment the latter vote is suf- ficient when it-is given on the pass- age of mere Jaws. » But when the vote is on a constitutional. measure, then, by the 16th amendment, it is ap- proved only when it ‘receives a major- ity of all the votes cast at the gen- eral election.” Now it seems there is a boudt and the Doctors of Law and Professors differ as to. what is meant by “a majority of all the votes cast at the general election.” That is a misfortune, ‘because though our good ‘Nonpartisan court may sustain all. thé amendments, in. four years hence, when we shall have walked the plank, our successors may nullify (Continued on Page Four.) insurance commis- parece JUDGE ROBINSON 45,402 MEN EXAMINED BY. DRAFT BOARD Report Covering Operations of Exemption Commission Is Completed MANY CLAIMS WERE DENIE The district draft board for North Dakota practically completed its work last evening, when it filed a report showing that during its labors of a year and a half it classified, 45,402 reg- istrants. Of this number 3,287 came to the board on dependency claims; 39,204 on claims for agricultural ex- emptions, and 29,11 on other indus- trial grounds. : ' The report in brief is as follows: Depend. Agri. Ind. Class 1, Orig- inal registrants 1,311 8,054 327 June 65,1917 .... 1,955 = 29,189 2,005 Sept. 12,1918... 21 6,961 579 7 3,287 39,204 2,911 How Classified Classification 1 2 3 4 5 Depend’cy 2117 766 67 288 49 Agricul.... 14295 9968 6338 8602 none Indus. 1449 1305 126 31 none PRESENT BILL POR PURCHASE OF TELEPHONES Washington, Dec. 13.—A till author. izing..the postmaster general to nego- tiate the’ pur®hase of telephone sys- tems now under goyernment control and- to: conduct’ a-survey of--telegraph systems was introduced in the house totlay iby Rep. Moon; who stated that the postmaster general had advised him that. President. Wilson favored such measure. The bill would direct‘that the gov- ernment control of the telephones and telegraph be continued until otherwise ordered by congress. It set forth that authority fdr" the purchase of tele phone! lines‘at their appraisement is given »by ‘existitg laws. BOLSHEVIKI AREMARCHING UPON EUROPE Paris, Dec. 14.—Bolshevik troops consisting of eleven infantry divis- ions, cavalry and artillery are march- ing into Europe on a front of 400 miles from-the gulf of Finland to the river Dnipre. The advance began the dey the armistice was signed. German soldiers, it is said; have join- ed the Bolsheviks, who are destroy- .ug. everything in their path. Tteports the last week have told of the Bolsheviks’ advance through Es- thonia. 1.W.W. AGITATOR I$ ARRESTED New. York, Dec. 13.—Ellis O. Jones, purported author of a document sperad ‘broadcast’ here yesterday, “proclaiming” that a reign of bolshev- ism would begin in this country at noon today, was arrected this after- noon on the Mall, at Central park, when he attempted to deliver an ad- dress. TURNER FOUND NOT GUILTY IN SHORT ORDER! District Court Jury Out Less That Five Minutes in Sioux County Case The length of time required for a jury to leave the box, walk into the jury room, take one ballot and re- turn to its seats- was consumed this morning in district court in clearing ¥. -C. Turner, Sioux county rancher. of the charge of grand larceny which accused the.defendant with having placed his brand. on a steer owned by the complaining witness. The jury reached a verdict of not guilty on its first ‘ballot. The court this morning séntenced Cecil Pennington, convicted of man- slaughter in#he first degree in con- nection with the killing of Mrs: E. L. Perras at Hazelton the night of June 6, to five years imprisonment in the state penitentiary. ‘ of the senate at the right. REAL CONTESTS ” FOR RECORD IN RG. ROLL CALL | { | | Districts Outside of Bismarck Setting High Mark for | Capital INCLUDING THE BOOSTERS a — i Some real contests have: developed in the preliminaries for the Red Cross. Christmas , roll, call, which opens in Burleigh county Monday morning; Learning that. Regan was claiming’ some credit for setting a high goal, eBn Lawyer, chairman of the Bald- win branch, yesterday came back at County. Chairman B. FE. Jones with the following defy: “Your telegram is at hand, and note thet Wehave:sonie-prétty hard com: {petition, but 1 am not goiitg to lay down on the gol’ and-am. after: them | hot and heavy. samilies of four 16 eight and ten in nunyber are signing up after a few; applicatio We are leaving out the pups, ‘but are including thé roost- lers, ag there seems to %e more of \’em. th | “I do not intend to stop at the 390- imark; providing there is a stray run- jning ardund Withqut a button, but shall keep right on going yatil all are | signed up. “Yours to Go and Get ‘em. B. F, LAWYER, Chairman, “RCER, Baldwin, N. D.” Just a Sample. This is, just a sample of the pre- liminary reports that are coming in. George V. Cunningham of Driscoll wired yesterday that talk was cheap, but he was out for results and while sawing wood was saying nothing. Bismarck people George V. in: action know? means. R A. Tracy, Bismarck chairman, admits that tho county districts are going to give Bismarck sometifing to do, “But we're going to do it,” says Chairman Dick, “And so say we all of us;” chime in his fwo score commit- teemen. So, bright and early Monday morn- ing there is going to open up the whilrwindest, rough-and-tumble, go-get- ‘em campaign seea in this county dur- ing the. course of the war, and if Burleigh county does not, come to the scratch when all the noses are count- ed with 10,000 members in the Amer- ican Red Cross it will Se a surprise to all concerned. ARMISTICE ‘EXTENDED Copenhagen, Friday, Dec. 13.—The eGrman armistice has been extended until § a m. January 17, according to! a dispatch from Trieste. The German armistice has been ex- tended until 5 a, m. January 17, and the allies have notified Germany. that they reserve the right to occupy the neutral zone -east of the Rhine from Cologne to the Dutch border. LEAGUE TO ENFORCE TO MEET AT FORKS ¢ y ~~ Jamestown. N. D., Dec. 14.Judge A. R. Burr of Rugby, has announced that the North: Dakota meeting of the league to enforce peace will ‘be he'd at Grand Forks about January 10, and that William Howard Taft, former president of the United States, will De a speaker. oct President. Burtom of the University of Minnesota; as well as the Canad- jan minister of education, the presi- dent af the University of Manitoha at Winnipeg. and other prominent men may attend. | Judge Burr will preside at the on” ening session.of the conference which will continug two days: FIRST PHOTO OF NEW RULERS 'OF (By the Associated Press.) j CHINA Here you see Hsu Shih-Chang, the new Chinese president, flanked by the speakers of the two houses of the Chinese parliament—Speaker Wang \-Tang of the house of representatives at the left, Speaker Liang Shih-Yi | WHAT TO DO WITH KAISER The Kaiser's Fate; Editor” of The Tribune is receiving a number of res- ponses to the ballot recently printed requesting suggestions as to what shall be done with the Kaiser, One of the mots original comes from W. FE. benhorst of Flasher, who says: devasted Belgium, build stockade around it, and put. the kaiser to work cleaning up and rebuilding it under buard of crippled Belgian boys, four or five hours. each day to be set aside for visitors, proceeds to go to a pen- sion fund for the Belgian and French children who were crippled by order “Lay aside a small portion ol a jof the Hun emperor.” oO. S. L., writing from Dickinson, suggests that we “Cage him, exhibit him, as the Beast of Berlin, admission 25 cents, for the credit of the orphans’ fund.” * Howard Wray, who evidently doesnt think mych of the Klondike county vend him ‘to the Yukon.” a, ty SOME PASTORS. INSTRUCTED 10 ~ TUK SEDITION , Washington, Dec. 14.—German Luth- éran ‘pastors were instructed to preach “pro-German ‘sermons before he United Stateg entered the war, General Lester announced today. On the other hand, Captain Lester sail other Lutheran ministers were wholly loyal and aided in giving the government information. He said rep- resentatives\of the larger German sy- nods informed the intelligence service that some ministers Were disloyal and steps were taken to get them out of the church, . The witness said word was passed ‘among negro troops that if Germany won and ocoupied portions of the United ‘States a portion of the coun- try. would de gurned over to them ext clusively. YANK PRISONERS IN SOUTH GERMANY HAVE BEEN FREED ‘Berne, Dec. 1 ‘our special trains, carrying 2,500 American soldiers, the last to come through Switzerland trom eGrman prison camps have pass- ed through here during the last two days enroute to France. It is re- ported there are no more American prisoners in southern Gemany. Those remaining are in the north and will pass put through Holland. PARIS WELCOMES PRES { lot 5, : - PRICE FIVE CENTS IDE RELEASE MEN AT RATE OF 15,000 DAILY Eventually Hoped That Average Will Reach 30,000 a Day - DESIGNATE 824,000 IN U. S. Most of These Soldiers Are at) Depots or Out on Furloughs Washington, Dec. 14.—Demobiliza- tion in the United States is now pro- ceeding at the rate of 15,000 men re- leased from the army every day. It is still anticipated a rate of 30,000 per day will ‘be reached, The war department has now desig- nated a total of 824,000 men in the United States for discharge. Gen- eral March made it clear however that designation of troops does not mean immediate discharge ‘but severance from service as their turn is reached in the demobilization. Among the new® ranches, of the army included are 12,000 Porto Rican troops ordered disgharged. Of the total of 824,000 men designated, 352,- 00 are in depot and development hat- talions, and similarly limited units. In addition 18,000 men on_ industrial furlough have ‘been ordered released. ‘General March said a total of 17,300 officers have 'been honorably discharg- ed since the armistice was signed. Summarizing the flow of returning troops from France, he said a total officers and 135,262 men had ‘been designated for return by Gener- al Pershing up to December 12th. Of! te that number, 3 officers, and 30,- 703 men had actually sailed from France. $48.000,000.00 BOR HIGHWAYS UNDER NEW LAW Federal Statute Would Gi North Dakota Magnificent Road Fund Under a bill to be introduced by the senate committee increasing the pres- ent $75,000,000 appropriation for fed- eral aid in highway construction to 600,000,000, to be provided by July | 1, 1924, while the present appropria- tion would run until June 30, 192! North Dakota's apportionment of fe eral aid would be increased from $1,- 142,000 to approximately $9,000,000, which with an equal amount of state or county funds would make $18,000,- 000worth of good roads available for North Dakota by July 1, 1924, reports the state highway commission. BANDITS GET $95,000 HAUL IN MILWAUKEE Milwaukee, Dec. 14-Letectives today are endeavoring to round up two n terious bandits who last night it said got away with $25,000 which they took from Joseph Grundwold, cashier of the International Harvester Co. and Lewis Riedel, Jr., assistant, while the men were making the rounds pay- ing night employees their weekly pay. i Ts TO ALL LOYAL AMERICANS IN BURLEIGH COUNTY On the eve of RED CROSS CHRISTMAS ROLL CALL for membership in the American Red Cross the Christmas Roll Call Committee for Burleigh County wishes to sound the call to the colors to every loyal citizen. : The great war with its loss of lives and everything hor- rible that accompanied it may be over. Before many months are past, the great armies may be demobilized. The need for THE RED CROSS goes on. Instead of demobilization you you are all being called to the colors of this great agency of mercy. In the words of President Wilson, when he said; “I summon you to the comradeship,” you are again asked to enroll. UNIVERSAL MEMBERSHIP has been chosen as the keynote of THE RED CROSS CHRISTMAS ROLL CALL. Universal membership and its full significance cannot be too widely emphasized. It means enrollment of EVERY loyal American as a member of the greatest humanitarian or- ganization in the world. Let every family in Burleigh County be a Red Cross auxiliary, and every member of the family a unit. Let your Christmas gift to your country and to human- ity the world over be a full membership of your family in nineteen hundred and nineteen in THE AMERICAN RED CROSS. ‘To become & member the requirements are “a heart and NT WILSON FRENCH CAPITAL MAKES FETE DAY OUT OF WILSON'S ENTRY; RECEPTION | IS ELABORATE Press Teems With Eulogy Both of Chief Executive ae and Part United States Has Played | In the War Paris, Dec. 14.—President Wilson made his entrance into Paris at 10:15 this morning. His arrival at the capital was greeted by a salvo of artillery. The dense throngs gathered to meet the American executive hailed his coming with volleys of cheering. Huge crowds were massed around the Boise de Boulogne station, |awaiting the president’s coming. As he alighted from his train a roar went up which left no doubt as to the cordiality of the wel- come given by Paris to its latest guest. President Wilson ‘was greeted by President and Mme. Poincaire, Premier Clemenceau, the French High Commissioner to the United States and other high officials. Pres. Poincaire greeted President Wilson warmly as the lat- ter stepped from the train. William Martin, who is attached to the foreign office, presented Preniier Clemenceau, who welcomed President Wilson in English. i Rides With Poincaire The formalities of the greetings over the president entered.a carriage with President Poincaire, Mrs. Wilson, and Miss\Margaret Wilson, followed in another carriage accompanied by Mrs. Poin- caire, to the residence of Prince Murat. The route to the presidential residence was lined by French troops in solid array. The welcome given by the crowds as the president drove by was vociferous and hearty. The city was mak- ing a vast fete of the pr coming. The passage of the pres- lident’s train from Br gave evidence of the interest at- tached to the president’s v Crowds of men and women waited at every station for the president’s train hoping to catch a glimpse of the president, and their cheers could be heard as the train slipped past in the darkness. Weather Favorable. | -The weather was favorable, for although the morning was.a lyather misty one, it gave promise of improvement. The scene at ithe station was beautifully set. The platform was carpeted in red, and palms adorned the broad stairway... The band of the Guarde Republicaine was playing the Star Spatgled Banner as the train decorated with stars and stripes drew into the station. Wilson Speaks 3 President and Madamme Poincaire gaye ,a luncheon at the palace De’l Esppy, in honor of President Wilson’ and Mrs. Wilson. The President spoke as follows: “Mr. President: | } \I am deeply indebted to you for your gracious greetings. It jis very delightful to find myself in France and to feel:the- quick contact of sympathy and unaffected friendship between the repre= sentatives of the United States and republic of France. ' “You have been very generous in what you were pleased to gay about myself, but I feel that what I have said and what I have tried to do has been said and done only in an attempt to speak the thoughts of the people of the United States thoroughly and carry that through into action. ‘ To Win Not Enough ‘ “From the first, the thought: of, the people ‘of the United States turned from merely winning the war; it turned to the estab- i lishment of eternal principles of right and justice; it realized that -merely to win war was not enough; that it must be won in such a i way, and the question settled as to insure the future peace of the {world and lay the foundation for the freedom and happiness of the |many peoples of its world. \ Certainty of Just Judgment { “TI am sure I shall look upon the ruins wrought by the armies ‘of the central empires with the same repulsion and deep indignation | they. instill in the hearts of the men of France and I appreciate the | necessity of such action in the final settlements as will pot only re- j buke such acts of terror and spoilation but make men everywhere aware that they cannot be ventured upon without the certainty of just judgment.” Feature Reception | The front pages of the newspapers this morning are devoted to ithe details of the reception to be accorded President Wilson by | Paris today. Pictures of Mr. and Mrs. Wilson are printed by all ‘newspapers. Long editorials recounting his characteristics, out- jlining his policies and describing his work during the war fill the ‘journals. In addition considerable attention is given the part the ;Americans have played in the war, the battles of Chateau Thiery, 1St. Mihivl end the Argonne being described. Praises France “T know with what valor and enthusiasm the soldiers and sailors of the United States have given the best there was in them in this war for redemption, and they are rejoiced in having played the part they have played in giving reality to the_ideals of the jallies. We are proud of the part they have played and are re- |joiced that they should have been associated in a common cause ; with such gallant allies. I join with you in rejoicing over the vic- tory that has been won. The ties that bind France and the United States are peculiarly close. I do not know in what other comrade- ship we could have fought with greater enthusiasm, I am glad to havé a part in the conference through which we may secure perm- anence for these happy relations of friendship and co-operation and secure for the world at large such safety and freedom as can: only be assured through the constant co-operation of allies and | friends. ; “lL raise my glass to the health of the president and the French republic and to Madame Poincaire.” ASKS FOR DATES Washington, Dec. 14.—Switzerland, acting for the German government asked the United States today for the time and placé jof the peace conference. SECRET PARTY Cologne, Dec. 14.—A new and striking element has been injected into the already complicated situation in the Rhineland by the alleged organization of a secret party which is working for: {the annexation of this territory to France on the sante basis as Alsace-Lorraine. CONVOKES ASSEMBLY Amsterdam, Dec. 14.—Constantine Sehrenbach, president of the reichstag has convoked a meeting of that assembly, reserving further indication of time and place of meeting, according to.a re- port from Berlin. TO SEND MISSION Washington, Dec. 14.—America and the allied countries have a dollar”. agreed to send a special mission to Poland to investigate reports RED CROSS ROLL CALL COMMITEEE, of atrocities committed in that country. It was announced today é . that this step has been decided upon at the instigation, of the For Burleigh County. 4|French government and had been approved by Polish representa- Ceeiscbchecceebebconcichpentscsomsienceerconeescade ULEe Il Various COUNTIES. .