The Bismarck Tribune Newspaper, January 4, 1919, Page 1

==| THE Warmer Tonight. CK TRIBU ‘TMIRTY-EIGHTH YEAR. BISMARCK, NORTH DAKOTA SATURDAY, JAN. 4, 1919. LEGISLATURE MUM ON EARLY SESSION WORK League Solons Decline to Say What Effort Court Ac- , tion May Have. PLENTY OUTSIDE PROGRAM Miscellaneous Legislation will Occupy Opening Days -° of Assembly. Predictions as to how far the six- teenth assembly will go toward carry- ing out the leaguc progra munder the five league amendments now in liti- gation ‘before the supreme court hands down its decision In the matter, some time after January 14, can be based on nothing stronger than the most gossamer conjecture. League legis- lators now at the capital are friendly and agreeable but not a bit talkative. This applies to even such an old- stager as Richard McCarten of Cogs- well, who is nevt to Senator Gibbens of Towner the. oldest member of the uper house in point of service, “I have some ideas on the subject,” said Senator McCarten this morning, “but I am not making them public now. They will al come out in ‘the course} ‘of the next sivty days.” ‘William Lemke, chairman of the re- publican state central committee and sub-dictator of league policies, says nothing at all. He was kind enough to admit this morning that The Tribune’s review of probable recomemndations to be included in Governor Frazier’s inaugural was “fair,” but he would not be quoted as to the correctness of all the surmises. Nor would he say what he thought the legislature would do during the week which must elapse before the supreme court has an on- portunity to pass on the league amend- ‘ments. 3 Court Will Uphold.~ “Unlegs the supreme court wishes to: reverse three former North Dakota supreme courts and\to place the pro- Atbition amendment.to- the constitu: tion in. jeopardy,. it will. uphold ithe ‘apinion of Attorney General Langer under: which the state canvassing ‘board acted.” said an old-time polit! cal ‘manager now friendly to, the Jeague, . this. morning.-.‘Begianing. ‘way back. a year ot two after state- hood. ‘when Judge Bartholomew. was| oh ‘the. betich, he ‘wrote am opintor which squares exactly with the con- tentions. of. General ‘Tanger. At thet time an, offenddr. under the prohibt tion aniéndment applied, for ‘a writ'ot habeag ornus, contending that North Dakota had no prohtbition” amend- ment, inasmuch as Article 29 had not been sproved by a majority of all the votes cast at the constitutional e'ec- tion. Judge Bartholomew, who wrote the decision in. which the first su- preme court of North Dakota ‘unani- mously concurred, held that ‘a major- ity of all the egal votes’ meant a ma: jority of the votes cast for and against the particular question. and no other votes coud be considered in arriving at a majority. The opinion has stood ever since, and Judges Cor- lisg and Spalding in subsequent opin- ins, quoted by General Langer, have taken the game stand.” “Now. if the supreme court reverses its predecessors and declares that a majority, of all the legal votes -cast means exactly “what’’the languace would convey to the average layman. then we have had (no protibition amendment these 30 years, and North Dakota is not dry today. Tfforts to carry the question of the constitution- ality of out prohibition amendment to the United States supreme court have been blocked by some of the very peo- ple who now are reversing themselves in their attitude toward the league amendment vote. 3 “Tue supreme court of the United States never has ruled on the question of what is meant. by a majority of all the legal votes cast at an election. The supreme - court has ‘held that only yotes actually cast at‘ such election may. be used. in arriving at a total and that we cannot go back to the poll lists and use their aggregate as the total of all the legal votes cast at an election.” + NOT LONG TO WAIT The legislature meets next Tuesday noon; the supreme court will hear the state canvassing board on a_citutfon to show cause the following Tuesday, at. 10 o'clock in the morning. It 1s probable that not more than a day or two will be consumed by the court in arriving at its decision. “All of the remainder of next week will be utilized in completing the organization of the assembly. and there is an abundance of legislative grist’ not dependent in any way upon the fate of the league amendments to which the law-makers may devote any spare time which they may have before the court’s, decision comes down. ‘The legislators held an informal cau- cus last evening, when a faction un- friendly to Secretary of State Hall in- jected criticism of his recent independ- ence in declining to agree with the Jeague majority on the canvassing board in its attitude toward the league amendments. An effort to frame up any general drive upon the secretary of state. however, will not. it is ap- parent, get very far, as much as some of his local enemies, long antagovistic toward him because of his political in- dependence, would like to see him cas- tigated. TO BUILD TERMINALS. St. Paul, Jan. 4—The Minnesota legislature will be asked to adopt & resolution calling upon congress to pass a legisistion requiring railways to build terminal cevators at Ataatic DICKINSON GOLF __ | CHAMPION POSES! Films Showing Reuter at Work for North Dakota Clubs. John Reuter, Jr., North Dakota's champion golf player, was in from Dickinson this week displaying his favorite strokes, forin and stance ‘be- fore the cameras of the Publicity Film Co. which will prepare several hun- dred feet of film to be distributed by Filckertail golf clubs during the com- ing season for the benefit of members who wish*to improve their gamo. MADDOCK WILL BE SPEAKER IF VOTE PREVAILS Attempt to Confer Honor on L. L. Stair May Result | In Breach. \ =e i INSURGENCY IN EVIDENCE) if the rank und file of the league majority have anything to say about it, Walter J. Maddock of Mountruil | county and not L. 1, Stuir of Bottin- eau will be the speaker of the next! house, Stair, hints. dropped here and there would, indicate, is. the choice of the league organization, but interviews with league: legislators already gath- ered -here in considerable numbers prove that he very much is not the ghoice. of any great majority of his associates in the house. “Maddock ts level-headed, has.a good volce and is a diplomat and a parlia- mentarian,” said one acti member of the house today. none of these thi head easily, has had little in | lative matters, and certainly lacks uny training that would prepare him in any way for, the’ speakership, Maddock is a young fellow whom we could all be proud of in the speakers {ehair, and IT believe that most of us feel he should have it.” Maddock is a loyal leaguer who ‘ved on ‘important committees in the {last two sessions. ber of the house for two terms, and, while young in years, he is old in ex- perience and is generally respected, ir- respective of. politics. A quiet, but very persistent boom has been launch- ed: to eleyate him to the speukership, and should the organization oppose his election, and seek to put Stair over there maybe some fireworks. The session ‘promises to be not al- together free from insurgency in. any ent. Townley’s big methods have displayed some’ of tli re: ite} pendent league members’ ‘in’ both houses. They: éxpress no lack’ of ‘hd- miration ‘for him, but insist that he stiould give the ‘legislators more: of a voice in legislative matters, Some of the wounds opened at the last state convention stil ‘rankle. ‘The totina- tion of Jolin M. Baer forcongress, in support ‘of which’ President *‘Townle made a 49 mitiutes’ speech, was di: pleasing to some of the genuine. “on- the-soil” farmers, who felt that a real agriculturist should have an ‘opportu- nity of serving the First. district in congress. Townley seems to sense this situa- tion. He has been here for a full week now, and he and Chairman Lemke are very active in conference with league leaders in the two houses and with members of the administra- tion, ‘A little opposition is a good thi said a league senator today. ites poor igsue that won't stand dis- jon.” BRAZILIANS ARE INVENTIVE RACE To Share With U. S. in After- War Commerce. | iy N. E. A. Special to The Tribune. Rio De Janetro, Jan. 4.—By reason of the fact that she cast her lot with the allies ‘and was the only South American county to declare war on Germany, Brazil expects to share with! the United States the after-the-war. Prestige that will come to the west- ern hemisphere. Brazil has developed remarkably in| a manufacturing way during the war.| Unlike the other people of South America who are largely of Latin or- igin, the Brazilians ahve developed mechanical genius. They are quick- witted and learn easily. Sao Paulo holds and annual. indus- trial exhibition in which only arti- cles manufactured in Sao Paulo are shown and the list is.surprisingly var- ied: It includes machinery, articles of iron, steel, brass and copper, fa- brice of cotton and wool and of silk. clothing and shoes, leather goods. and many things which involve the mak- ing and manipulation ‘of complicated machinery. i JUNKERS. TO ORGANIZE OWN MILITARY CASTE N. €. A. Special to The Tribune. Berlin.—An organiaztion to be com- posed of all Prussian officers, officers’ wives and officers’ widows for the éls- ‘cussion of the military ‘caste is being formed under the leadership of Cap tain Erich von Salzman, who acted as military, “expert” of the Vossiche Zel- tung. The appeal of their leader as- serts that the military caste has lived up to its traditions, but having! now the right, like other citizens to assert its political views, must organize for that purpose. S CONTRUL Samet FILM PROPAGANDA N. E. A. Special to The Tribune. Berne—The German cinema trust, one of the institutions under the junk- er reaime. has been taken over by the Ebert government. The man- agers. actors, actresses and musicians associated in this work have organ- ized an ‘Artists’ Council.” and are negotiating with the for continuance of their. He has been a mem- | ¢ HOOVER FOOD DICTATOR OF ALLIED NATIONS German Ships to Be Taken Over to Carry Supplies to Europe. PAY WITH SECURITIES Central Powers’ Credit Shattered But Seek Plan of Financ- ings Needs. (Friday), Jan. Herbert (. er, Who has been appointed allied food liberator, in a talk to the Asso- ciated Press today said that German ships of nearly 3,000,000 tous would be used to carry fuod to Europe. “Food worth one billion tive hun- dred million dollars must be imported into Europe to provide the necessities betweeti now: and July 1. Liberated territories will be fed first. but much of this territory has no other govern- ment than that of scattered muniei- palities and it has no credit and is unable to pay for food. Most of the necessary food must ¢ fre the United. States, and rep : of that. xovernment are conferring with the allied powers as to the means for paying for this food.” When asked how the United States will raise the money to meet the ium diate demands of liberated territoric Mr. Hoover said the matter is now un- der consideration outside the domain of the food administration. The problem of: tinancing food sup- plies for neutrals, the central powers and the entente nations is less ditti- s{cult than that involved in feeding lHb- + |erated territories, :|of the central Although the credit s shattered they have securitle fi TLIRER: 2 Tn liberated countries Hoover said, there are 100,000. pre sons to be fed, living chiefly in towns and ci Rural populations general- ly have stored food and tbe able to care for’ themselves. In discussing the food situation in termany. he suid the United States 88 offers traveling through the country, conductin; estigation. He Indicated Germany must wait until the other’ sufferérs are fed, Tn'esthatige for use ‘of German ship- ping. Germany will he gradu: Shak lowed to have food, Mr. Hoover ‘sat that! two! ‘shiploads: of: food sare now. en roptel'to. Fintand and that. several cargoes are on-the way to Rotterdam to be distributed by mail to Poland and Bultic provinces. us soon as’ tinancial arrangements ave * been “completed: Elght hundred’ tons of food have beon congreagted in. Adriatic ports. When ‘asked. how the committce would prevent the great drain ov American, foodstuffS'from raising the prices Ifi'tlie United States, Mr. Tféover alone, .Mr. said the food’ivould be taken svHdtially’ and only a§ It could ‘be spared: “GRACIOUS: LADY” IN DIGREPUTE _ Berlin—(N. .E. A.)—Domestic ser- vants held a meeting recently m which they resolved to discontinue addressing. their employers as “Gra- cious Lady,” a reform especially com- mended by the Tageblatt. PERSECUTE ARMENINANS. ‘London, Jan. 4.—It is authoritative- ly announced that evidence has been received that the Turkish armies 1» withdrawing from the Caucasus re- gion have committed outrages on the Armenians. ° : : : FINANCIER ASKS AID FOR RUSSIA | °. V.N. KOKOVOSOFE Kokovtsoft represents the wealthy and aristocratic circles of Kussia which desire allied’ intervention to | save them and their property from the Holsheviki, He is in London pleading for this action on a large scale, but scems thus far ‘to have got negative results. He was considered the greatest finance minister Russia ever had. LIMIT T0 DUTY CHILDREN OWE THEIR PARENTS While a- parent May naturally be presumed to be wecome in the home of a son or daughter, or a child en- titled to the hospitality of its parents’ home, there is reason in all things rules Associate Justice J. E. Robinson in a concurring opinion upholding the judgment of the supreme court in af- firming a verdict for $1,700 recovered in the Renville district court by Ma- tilda Bergerson for the care of her mother, Carrie’,Mattern, during the! last. years, of'-the. latter's’ life, ; In; reviewing! the facts Judge -Rob- inson tindsthat' the ‘evidence shows that for:two years and four months \Mrs. 'Bergerson gave her eighty-year- old mother the care‘of an infant, lift ing.her in and ovt of ‘bed, clothing her and nursing her. Following her mother’s death Mrs: Bergerson pre- sented a caim of $2,000 in ‘payment for services against Mrs, (Mattern’s estate. The adminigtrator, Ole Mat- tern,. refused paymeis. *Mrs..eBrger- son brought suit ‘in the Renville dis- trict court) andthe’ jury’ awarded her a verdict for $1,700. Mattern, as ad- ministrator,.then appealed to the su- preme court, ‘contending there had ‘been’ no’ express contract ‘and that Mis. Mattern has received from her daughter only the care and _hospital- ity whichis due:any parent from its child, Judge ‘obinson ‘finds ‘from:ithe evi; dencé that thé’ care«given, Mrs. -Mat- tern was’ by‘no means the ordinary hospitality which a child would ex- were such as.“no trained nurse would Nave performed for less than $10 or Reason is the soul of the law, and when the reason of the law ceases. so does the law itself.” says the associate justice in handing down his opinion. tend a parent, but that the services| p24 EDITION LAST | PRICE FIVE CENTS PARIS AN | ATHENS JONIED BY RAILROAD Acropolis Express Will Achievement of Re- construction. Be BOLSHEVIKI NEAR Naval Committee On Germany Find 170 Submarines. Paris, (Wriday), Jan. 5. ment that: the Acropolls exp —! Tnecting Paris and Athens, will soon be establlshed points to one of the most important steps of recoustruction after the war. It is the first connection be- tween western Europe and the near cust, and the first step of projecting the raliroad further east to Constantinople. The creation of the new Jugo-Slay state vow permits the building of the entire Jine under allied Influence. The name of the Xpress is the trib- jute to the greatest monument of an- cient Greece, NEAR VILNA. Warsaw, Jan, 4.——Bolsbeviki forces are reported in the outskirts of Vilna and 'Metsk and Brest-Litvosk are said to have been occupied by them. ACCEPT 60 PLANES. Coblenz, Jan. 4.—Sixty more Ger man aeroplanes were accepted today by the Americans. TO WITHDRAW TROOPS, London, Jan. 4.—Announcement that 24,500 Japanese troops will be with- drawn from Siberia is reported by a Tokyo dispatch to the Daily Express. TO SURRENDER BADEN. London, Jan, 4.—-Germany’s newest batleship Baden will surrender at a British port within a few days, in ac- cordance with the terms of the armi- stice, FIGHTING AT LEMBERG, Copenhagen, Jan, 4.—Fresh fighting around «;Lemburg, where Ukrainian trops are guparding the city. The el- ectricél works ‘at Lemburg have been destroyed. WED IN CEMETERY TO STOP FLU. ‘Philadelohia, “Pa.—Superstition is fighting “flu.” ‘Harry Rosenberg and Fanny Jacobs were married in the Cobb's Creek cemetery the other day: There is a superstition in Russia that a,,marriage in a cemetery will stop an; epidemic of disease, igs | “Flu. ja, paging in the, Russian Jewish ;;golony in Philadelphia. So. Rosenberg and Mrs. Jacobs, vrevious- jly unknown to each other (that’s the tule), were induced ‘to sacrifice them- 'velves for the good of the colony. “Flu’ ‘is still raging. SUFFRAGIST WIT. London.—(N. E. A.)—Christabel Pankhurst has a ready wit. While she was campaigning for a_ parliament seat a man made himself particularly objectionable by his manner in ques- tioning her. She bested him in the |argument and he finally said, “Don't you wish you were a man?” “Yes,” she replied. “Don't you?” _————_—_ er, WHEN AMERICA’S SHIPS COME IN : Mounted upon a landing platform over a big gun turret in the upper picture is a seaplane pois- ed as for flight, like a great bird. The lower pic- ture shows the line of flag-decked battleships as they passed in review before Secretary of Navy Daniels and came to anchor in the Hudson River— the Sixth American Battle Squadron, home from 18 months’ service in foreign waters. has occurred ‘during the last few days | ‘rely upon such considerations to con- ‘ete: the desirability of avoiding still ADDITIONAL UNITS | DESIGNATED FOR | AN EARLY RETURN Washington, Jan. 4.—Three combat | divisions, the 30th, 37th and 91st have been designated by President Wilson have been designated for early return arom France, General March said to- lay. The three entire divisions and sec- ond corps headquarters which oper- ated with British army in Flanders to the priority list, and will be re- turned home as shipping becomes available. The three divisions and headquarters comprise about 83,000 men. Additional units designated now to- tal 292,000 men. Troops in the U. S. and abroad designated for demobili- zation, General March said, total 1,- 397,000. MAKES FORMAL RATE PROTEST Files Extensive Brief With Mc- Adoo Opposing New Sched- ule of Rates. WOULD CAUSE BIG WASTE Jobbing from Distant Points Would Mean Loss of 60 Per Cent in Cars. “The 100 per cent scale of class rates applied to the traffic of North Dakota would unjustly discriminate against the small jobbers and manu- facturers of the Twin Cities, Duluth, Superior, Chicago, etc., who have al- ways been the beneficiaries of dis- crimination asiring from the competi- tive system, and most of which now late commerce and contrary to the} proper theory of equal treatment of citizens of the United States at the hands of the railroad administration which we understand to Le an import- ant motive in the propos] now to establish uniform class ratvs scales,” says the ‘North Dakota railway com: mission in a formal protest: which it has filed with Director Gener Me- Adoo, the Hon. C. A. Prouty, director of the. division, of puadis service, of the United’States ra‘lway commistson, and ©. D. McGinty, secretary. of the interstate commerce commission One of the exhibits by the Nort Dakota rail board.in support of. its protest against the, ,establishment of the proposed schedule of. class rates shows that the 100 per ceut scale ,ap- plied to North Dakota. traffic would) destroy the rate relationships former- ly existing between the North Dakota jobber .and) manufacturer and - his. competitor at. outside jobbing and} manufacturing points such as the; Twin Cities and Duluth. Prior to June 25, 1918, the rate from Bismarck to Dickinson, a distance of 115.5 miles was 65 cents per hundred and from \St. Paul to Dickinson, approximately 500 miles, 70 cents. Since June 25) the rates have been 81.5 and 87.5 cents respectively. Under the proposed 100 per cent scale the rate from Bismarck to Dickinson would be 89.5 cents, or haul from St. Paul to Dickinson. “Instead of encouraging the decen- tralization af commerce and ; indus- try,” says the North Dakota railway commission, ‘the’ mew rate ; adjust- ment would tend to bring about a greater concentration in the large cities outside of this state. While we feel that the government ought;to con- sider the sociological reasons for en- couraging decentralization, we do not demn further concentration. It is only necessary to suggest the tremendous problems surounding the terminals now necessary, to handle the business at the Twin Cities, Duluth, Chicago, further congestion, and last, ‘but not least, important, the tremendous waste of car space and inefficient car mileage resulting from unduly long less than carload hauls as compared with solid carlots to jobbing points in consuming territory and short hauls of L. C. L. freight to final destina- tions. Having in mind the facts shown on exhibit 1 and taking a minimum car of canned goods at 36,00 pounds, and assuming a merchandise car loading of 9,¢00 pounds, from both St. Paul and Bismarck, the railroad administra tion offers the Twin City jobber 2,242 car miles of service to deliver 36,000 pounds of freight between iBsmarck and Dickinson at a less freight cost than it offers a Bismarck jobber 907 car miles to deliver a like quantity of freight to the same destination. Supplying this territory from Bis- marck would save 60 per cent of the car mileage necessary to handle the traffic from the Twin Cities. Based on the carload minimum of 60,000 pounds fixed ‘by the food administra- tion for canned goods jobbing at Bis- marek would save approximately 80 per cent of the car miles necessary to make delivery from the Twin Ci- ties. We cannot believe that any seale of rates which places a premi- um on such a waste of transportation facilities will be approved by either the railroad administration or the in- terstate commerce commission.” under General Reed have been added | exist in violation of the act to regu-| F two cents greater than the through|® POPE BENEDICT WILL RECEIVE WILSON TODAY Rome Program Calls Out Vast Crowds for Gala Day. TO DECORATE GRAVES Representatives of American Episcopal College to Be Received. Rome, (Friday), Jan. $.—President Wilson's program for tomorrow will be arduous, In the morning he will go to the Pantheon, where he will luy wreuths on the tombs of King Victor Emanuel I and King Humbert. He will then go to the Luceum academy and afterwards visit’ the Forum. Mr. Wilson will have Junch at the American embassy with King Victor Emanuel, Queen Helena, and the am- bussador. He will be received later by Pope Benedict. President Wilson today was receiv- ed at the vatican by Pope Bendict The president's arrival was an- nounced by thet master of the chamber to the pope, who awaited the presi- dent in the throne room, where two gilded chairs had been prepared. On: his way to the throne room the president was accompanied by a pro- cession of vatican servants through halls filled with antique pictures and precious tapestry. Ags the president entered the anti chamber to the papal department, he was preceded by the pontifical chamberlain. The guard were drawn up to receive him. He will xo to the American Episco- pal church and meet the representu- tives of the protestant church in Rome. Before his departure in the evening he will attend a dinner given. the Queen Mothe Rome was astir early this morning. ingly — the entire — population al toward the station where Jent Wilson was to be welcomed by King Victor Emanuel. The day be- ing a national holiday everyone was free to take part in the reception given to the president. From the fartherest corners, of the city the crowds poured into.the main thoroughfares over which Mr. Wilson was to drive. Hours before the urrival of the. presidential: train, crowds . packed’) the Via’ “Nationale, Whtich was lined with double rows of soldiers, ‘When his train stopped, President Wilson was the first to alight, He uel, The king welcomed Mr. ‘Wilspy to the Italian capital and intr members of the official party. king ‘said; to Mr. Wilson; “E-hope.you will feel: at ‘oi Hah “To be.in.Rome.is. one of my. greatel pleasures.”. answered ‘Mr, Wilson: ‘The band played “The Star Spangle Banner.” " i he At the Plaza Esedra, Prince Coton- president in the name of the eternal eity and expressed the gratitude of Rome and Italy for all America did to win the war. The procession turned down the Via ‘Nationale a long straight thorough- fare, leading almost directly to the Quirr nal. The smile of the president created an ovation, which grew more and more as he drove along. Flowers were showered on M>. and Mrs. Wil- on. President Wilson became a citizen of Rome last night. It took place in the historical academy in Rome, ‘Mr, and Mrs. Wilson accompanied by the king, and,aueen drove, to_ the capital after the dinner at the Quir- rinal. The king and the president drove in the same carriage, with, the queen and (Mrs. Wilson in the next. When’ the presidential party arrived at the quirinal military bugles blared forth, and the square, already full, became packed to capacity with streams of and calling upon the president to ap- pear upon the ‘balcony. President pearance. and the sight, of them was a signal for the climax of the demon- stration. The crowds appeared ‘to have lost their senses, cheering wild- ly for President Wilson and fof Amer- ica. BOY CHARGED WITH PILFERING Moorhead, Minn., Jan, 4.—Clifford Elstad, 17 years old, is in the Clay county jail here today charged with stealing packages from the United States mail. Elstad, who was help- ing an older brother employed by the ‘Northern Pacific to carry mail be- tween the station and the postoffice, was arrested last night, after two de- coy packages had disappeared. The loss of packages. principally of cigar- ettes and snuff, hag been going on some time, and it is believed that the stolen goods will reach ta value’ of 9200. EBERT IN “GAS” BY KAISER. (By N. BE. A.) Berlin—No, the heading over this story doesn’t involve the man it seems to involve: eNither has it anything to do with war. “Gas” is the title of the latest Ger- man play, presented for the first time last week in Frankfort. Kaiser is the name of the author —but the author is not THE KAISER. Bbert is the leading man, but. an- This statement is accompanied by a table showing that jobbing at Bis- marck one cat of 56.000 pounds, St. Paul to Bismarck, 445. car miles. and four merchandise cars of 9,000 pounds each, Bismarck to Dickinson, 115.5 miles, would total but 907: car miles, while jobbing ut St. Paul four cars of 9,000 pounds each St. Paul ta Dickin- eon, four "times: 5605 miles, wosld other Ebert than the one who stands at the head of the present German government. ; “Gas” deals with a-nation’s passion for social reform and labor’s insist- ence on sharing the fruits of tnéus- try, instead of prodecing for The ee = ea. power ‘al: breniae: o shook hans with-King Victor-Eman-:- humanitv pouring in from all sides . luce The’ na, the mayor of Rome, welcomed thé and Mrs: Wilson then made their ap- , Hotetr paotssret