The Bismarck Tribune Newspaper, January 10, 1919, Page 1

THE WEATHER Fair tonight. eeeecoreeenneeemed THE BIS ‘y TMIRTY-EIGHTH YEAR. BISMARCK, NORTH DAKOTA FRIDAY, JAN. 10, 1919. a EBERT REGIME. MOVEMENTS IN T Memorials Introduced in Senate Ask Early Action on Susan B. Anthony Amendment and Ask World’s Peace Conference for: Real League of Nations with Consent of All and Conquest of None—Would Maintain Armament Sufficient to Police the World—President Wilson’s Fourteen Points Endorsed | One of the first bills introduced in the senate Thursday afternoon was a concurrent resolution offered by Sena- tor Bowman declaring that North wakota favors the submission of the Susan 8B. Anthony suffrage amend- ment to the various states as a pro- posed amendment to the constitution of the United States, and petition- ing the senate of the United States to favorably consider and early ‘ap- prove this amendment. ' The league's close accord with ola world labor movements looking .to- ward universal democracy was voiced in . concurrent resolution offered by Senator Welford that ‘we declare our unfaltering support of the fourteen Points of President, Wilson as reas- onably (nterpreted by the labor ,and the democratic forces of the world, and involving a league of nations which shall be established by the con- sent of all countries; not. by conquest or any. The resolutions ‘favor the mainten- ance of such military and naval es- tablishment by this league of nations as will suffice to police the world and maintain universal order, The assembly is asked to resolve that a “copy of these resolutions be cabled to President Wilson and be WO RESOLUTIONS jselves,’ but for the peace of the world, under a world democracy.” The first bill introduced in the sen- ate was fathered by Senator Fraser of (McLean county and it provides for a change of venue in civil actions, di- recting that where an affidavit of prejudice is filed five days to the be- ginning of the trial of a civil action, the supreme court shajl call in some} other judge to sit. i Senate Bill No. 2, introduced by Ja- cobsen, provided for hearings on the; probation or administration of estates} at any time on petitign of all inter-| ested parties. Senate Bill No. 3, also by Jacobsen, relates to petitions for} letters of administration, and Sen- ate ‘Rill 'No, 4, by P. J. Murphy, pro- vides for service by publication in a; uniform manner for a uniform num-| ber of times, Senator Church was named a com-; mittee of one to prepare a suitable{ memorial for the late A, J. Kirkeide. | for eight years senator from Benson} county, and who died following the; special session of 1918. | House Bill No. 1, by P. A. Hoare,; limits attorneys’ fees in mortgag foreclosures to not more than ten pe cent of the principal, at no time to exceed $25, and limits sheriff's fees in similar actions to $3. House ‘Bill eee LEAGUE WILL ENDORSE SUFFRAGE AND OLD WORLD LABOR-DEMOCRACY transmitted to the representatives on{.No. 2, by J. C. Miller, makes it a mis- the labor and demoeratic organiza- tions of all countries, “and that the assembly “pledge support to Prest- dent \Wilson and our coperation with the labor and democratic organizations of al countries, assuring them that the farmers of America, together with all organizations of labor, join with our president in deciaring that ‘we are fighting not for anything for, our- eee NEILSON WINS; TRUTH TRIUMPHS Tempest in Teapot Former Superintendent,1s! ' Squelched by Court TO BE OTHER PROCEEDINGS Former Incumbent May Try Another ,Legal Attack Upon His Rival Neil C. Macdonald was. formally ousted from and his successful rival at the recent election installed in the oltice of superintendent of public in- struction Friday afternoon under au- iaority of a writ of mandamus issued ‘by the supreme court on petition of Attorney General Langer. ‘rhe supreme court handed down its pro curiam — decision in the man- damus proceedings instituted on_ve- halt of Miss Nielson by Attorney Gen- eral Langer at noon friday. in this opinion the supreme court brierly hoid as follows: “The original jurisdiction of the supreme court may properly be in- vested in a mandamus proceeding in- volving the right of possesion of the office of superintendent of public in- struction, : “It is the duty of every public of- ficer at the expiration of his official relation to surrender to his successor the property and insignia of the of- fice which the law commits to his custody. This duty is ministerial only, and its performance is enforce- uble by mandamus. “The ‘certificate of election to the office in dispute and qualification thereunder is prima facie title to the office, and the courts will ‘not in a mandamus proceeding to compel sur- render of the office to the holder of the certificate of election go behind such certificate. “In such mandamus, proceeding, the prima facie title to the office can- not be defeated by averments of fact which involve the ultimate title to the} office.” It was predicteé about the state house today that Macdonaid would now proceed to test Miss Nielson’s title to the office through quo war- ranto proceedings. In this event, At- torney General Langer has announced that he will defend Miss Nielson, to whom he gave preceding the recent! general election, when her qualifica tions were attacked by Macdonald an} opinion stating that she was quali- fied to hold the office of state super- intendent of public instruction. Although ‘Miss : Nielson has ‘been, prominent in the school life of the state for more than a quarter of a cen- tury, and for more than a decade~has been superintendent Rarnes, one of the largest counties in the state, and in spite of the fact that she has served as president of the North Dakota Education associa- tion and in other imvortant. peda- ic capacities, in addition to hav- (Continued on. Page Five.) arted* by | of*schools in: demeanor punishable by not. more than 90 days in jail or a fine of $290, and! provides for the forfeiture of a note; when any money-lender or his agent! accepts more than the legal rate of} interest. Rep. J. F. T. O'Connor of Grand Forks ‘was appointed by Speaker Stair| to negotiate With ‘the board of control; for committee rooms. j 'TWO GOVERNMENT | WITNESSES DEAD | ; INU. S. PRISON) [Important Evidence Expeeted. | Against Dickinson Trio Will, | | Not Be Available | Roy Youngblood and A. L. Sewell, | two young railroad men of Dickinson ; Who were convicted at the last’ term jot ‘téderai burt here on a chiarge of jcomplicity)diti dhe)‘robbery of North-| jern Pacific freight trams, are dead at; | Leavenworth federal prison, thus! {complicating the government's case jagainst Conductor Boxrud, Leslie A. |Stmpson, attorney in the original ac- {tion, and Sheriff T, N. Hartung, all of ! Dickinson, who are charged with hav- jing spirited Youngblood and Sewell linto the national army, thus depriv- jing the government of two valuable |witnesses in the prosecution of Box- rud and others, who were first ar- raigned for the crime of which the younger men, brought back from Camp Custer, later were convicted. The young Dickinson men died at; ‘Leavenworth a few weeks apart from influenza, and news to this effect has only recently been received by the United States district attorney’s ‘of- fice at Fargo. advises Judge John Carmody of Hillsboro, assistant to Col. M, A. Hildreth. The trial of Boxrud, Simpson and Hartung is set for the March term of federal court in Bismarck. KENDALL GBTS SEAT, GAINING | ~ ONA RECOUNT Independent from McHenry Is Found Entitled to Senator Hamiltor’s Berth On a report presented by an election ccmmittee sub-committee consisting of Senators McBride, Mees and Stenmo, the senate today seated Senator E. H. Kendall of McHenry county, an inde- pendent, whose election was contested by former Senator D. H. Hamilton, his predecessor, and a league democrat. j'The election committee report. arrived | at Friday evening after a day had been consumed in canvassing returns from Kendall's district, found that he received 594 votes and Hamilton 554, Eleven unstamped ballots, six for Ken- dall and five for. Hamilton, were thrown out. reducing the, figures to 88 und 549. respectively. A question was raised as. to the legality of count- jing the absent soldier ballots, of which Kendall received 23 and Hamilton eight. ‘but inasmuch as ‘the throwing | out of these would not change the final result, the committee voted to let them stand, giving Kendall a majority of 89. CUNARD GOING TO ANTWERP. Paris—The Belgian newspaper “Li- berte” announces that the Cunard Steamship company has decided to op- en offices at Antwerp and. has ap- plied for a site on the Nordduescher Lloyd pier, TOWNLEY WARNS LEAGUE. AGAINST, INTERNAL ILLS Says Dissension Within the Ranks Will Thwart Purpose of the Organization MISSES THE OLD CRITICISM Expresses Belief That “the Spe- cial Interests” Will Renew Their Discussion | Conjuring up visions of the day| when the league will sweep triumph-| ant over the whole of the United States, declaring that if they carry! out the program now before them the! Nonpartisan legislators will have ac-! complished more for the comon good } than any group of men which has pre. | ceded them in the history of the world, and. warning his against divisions within thelr ranks Jealousies, dissension and internal strife, Arthur C. Townley, president} 4 of the National Nonpartisan league, last, evening delivered first ad-! dress before the organization’s private caucus at Paterson’s hall. “For the first time in the history of the United States,” Mr. Townley told the caucus, “the law-making power of a sovereign state has been jtaken away from the exploiters and} idevourers and placed in the hands of |‘white men,” men who have a noble | purpose, who are raised from out of themselves and look across ‘the uni- verse and see the stars with only the desire to make the most of this won- derful opoprtunity. | “We can depend upon the will of the majority” Mr. Townley continued. | “Do not rely upon my judgment, for | I make mistakes. Every man makes; mistakes. But there is some higher power which pervades us, some guid- ing influence, and just as the world revolves, just asthe rivers run, just as the winds: blow, just as the oxygen of the air keeps us alive, so does this collective intelligence guide our} purposes. 1 Townley Believes in God. | “In other words, I believe in God.; and I am not afraid of the decision oi the people ‘ofthis: State or any ‘decis- ion which their representatives here may make. , “My only, fearsis: that we may be-| come. entangled .in; the jealousies. and prejudices which: have; kept,.the peo- ple apart for’ centuries, that..we may | let little persahal) desires intrude, and so;forget’ the ‘big: things. Eulogizes' F. 8. Wood. “I want to see all of you—and I want all of you to help me to be what 1 want you to be—like my friend | F, B. Wood, the first man who joined the Nonpartisan league and who all his life single-handed had deen’ fight- ing for the things this league stands for. ‘Never have I seen the slightest suggestion of a selfish purpose in this man. Nothing he has ever said or done has in the remotest degree sug- gested self interest. Do you realize that is the greatest thing that can be said of any man? And I am proud to say that that same feeling exists among most of those affiliated with this movement apd I glory in that de- velopment, of chiracter. - “Let us guard thig wapnificent yin: strument which is ours to employ for the betterment of humanity. make it an grganization to serve the people for everything inthis league belangs to the ‘peiple and it will sur- vive only so long as it dedicates itself to unselfish service, Seeks Nothing for Self. “| swear to God, here and now, that 1 will give all my fesh and hood be- fore I will knowingly seek anything from this organization.’ The greatest thing in life is service and there is no; honor which you can confer upon me greater than the honor of allowing me to serve you.” “We have arrived at the place and the time to either accomplish the league program or quit coming to Bis- marck,” Mr. Townley continued. “Much depends upon our action. ‘Not only the prosperity, safety and happi- ness ofthe people of North Dakota, but the fate of the toilers all over the United States will be altered by our decision. I cannot too strongly em- phasize the importance of wisely and unselfishly considering every step we take. Never were a group of men gathered before én whose honesty, in- telligence and sincerity so much de- pends, We-must go aheac¥ but we must test each step and move care fully.” Looks for Crticism. “The special interests are not say- ing much just now,” -he added, “but this is only the lull before the storm. In a few ‘days the most vindictive. vituperative, vile, dishonest® flood 0! criticism in the history of the United States will be let loose. We will be abused as few men have been abused before because we have the courage to stand for a. new order. “You legislators also will have to face the strongest, most cunning, in-’ siduous and dishonest lobby that has afflicted any legislature in the history of North Dakota. They will try to convince you to isten to them, they will beg to change a word here. to al- ter a phrase there; but their only pur- | pose will be to destroy the league program: We must stand firm and we must counsel together in these catcuses, for if it,had not been for the caucuses of two years ago there would be no league today.” followers | ¢ Let us|'and .subject to such lability as may |tion and note upon which seed or! GETS CO LEAGUE SOLON % | STARTS FLIGHT | AROUND WORLD | %, ——? Ruth Law would be the first. to ‘fly round the world so she has sniled for an, Where she wil launch her plane for the ‘grand’ cirenit. ef old earth, roaking only the longest oveant voy- s aboard Steamer, She was, one of ‘a’s first women to fly and dur- ing the war recruited for the Ameri- can aviation service, BURTNESS WOULD CLOSE BILLIARD HALLS UP BARLY Father of Law Enforcement} League Measure Making 11 p. m. Quitting Hour BONDING ACT. .,CORRECTED Obnoxious Priority Lien Clause Eliminated—Schools May | Catch Un on Work | Se te sce ‘North’ Dakota -pool and billiard rooms, bowling alleys, temperance sa- loons, or any’-place under any other name where’ pool, billiards, cards or bowing. are indulged in, must close at V1: each ‘night and ‘not reopen until 8) ‘the next:merning, if a bill. which Rep. Oliver! B, Buptness of Grand Forks in- troduced‘in'the house Thursday :after- | noon becomes a law. oe The bill, numbered H. B, 14, is: be- Neved to represent the views of the Law Enforcement League, whose president, Griffith, is a prominent constituent of Rep. Burtness. The bill provides penalties not exceeding a fine of $100 or imprisonment in the county jail for 30 days, and it carries an emergency clause which would make it effective immediately after its passage. i (House Bill’ No. 8, introduced by H. J. Rasch, amends and re-enacts subdivision 7 of Sec. 5210 of the com- piled laws of 1913, relating to corpor-| ate powers of annuity, safe deposit ‘and trust companies, covering the powers of such corporations‘to “make, compile and certify to abstracts of title to real estate, upon conditions now exist or be ‘hereafter created, by or under the laws of this state relat-| ing to abstracters.” j As predicted, ono of the early bills; to come before the legislature cor-| rects the priority lien clause in the county seed and feed bonding act,! whose adoption ‘by the’ special ses-| sion of 1918 } caused some trouble iwth the federal farm land bank. This! measure, introduced as H. B..4 by Rep- resentative Engen, removes the ob- noxious clause, and provides merely; for a “just and valid “Men upon the} crops of grain and feed raised each} year by the person receiving seed; grain and feed‘ tothe amount of the sum then due to the county upon such contract, which shall as to the crops) covered. thereby. have. priority over all other liens ‘and incumbrances | thereon, except threshers’ and labor liens.” The amendment also provides for a lien upon the land when the owner of the same signs the applica- feed are. issued. \ The-amended bill carries an emer-; gency clause giving it imediate ef- fect. Rep. Pleasance is father of House Bill ‘No, 5 which provides that in the event of the enforced closing. of | schols for forty. days or more schools may be taught on Saturday to make; up the loss. 3 H CANADA TO ESTABLISH BNK AT; VLADIVOSTOK N. E. A. Special to The ribune. Montreal.—he. Royal ,Bank of .Can- ada wil establish a branch at, Viadivo- stok that»Canadian. trade in. Siberia may be made easier. Officials of the dank are now on the way-to Siberia to perfect arrangements. ; DUPONT FIRST ALLIED ... OFFICER tN BERLIN IN. E., A. Special to The Fribune. Berlin—The French Genera} Du- pont director of the transportation and return of prisoners of war is in Berlin, at. the Pariser-Platz, formerly the French embassy. (General Du- pont is said.to: have been the first al- lied officer. to. enter, the, German cap- ital. : oaeares HISTORY HOME {ereased to two or three million peo- \eve of a great progressive movement {member as aboy down in. Minnesota ‘hela by Mr. Wilson is that they have FAVORS STATE C. W. McDonnell Says We Should Preserve Our Legends for Posterity SHOULD BE, A MONUMENT Would Have Structure Apart from Capitol as Memor- ial to Soldier. Boys Pep. C, W., MeDonnell .of Kensal, the veteran league mi roof the present howsé from the 22ci district, is a warm advocate of a memorial history building for North Dawota, as a tribute {to the 30,009 North Da-j kota boys who offered io lay down] their lives for their country during the recent struggle, and also as a much needat museum for North Da- kota’s invaluable collection of relics of frontier times, momentoes of the wars in which the state ‘has hud a part, and - historical data -and other! records of the development of af great commonwealth, Represehitative || McDonnell agrees | with Curator M, R. Gilmore of the state historical museum that this memorial building should be apart from the state-house proper, where it would not be endangered in the event of the destruction of the cap- itol building by fire, and where it would lend beauty and dignity to the! state house grounds. “We should build not so much for ourselves as for posterity,” said Rep-} resentative McDonnell today. “We should erect a building in which the state will take pride 25 years hence,; when its population should have in- ple. North Dakota stands on: the during which its development will be very rapid, and we should prepare for the greater state which we soon; are to have. “A beautiful historical building | would be an incentive to our pioneers; to preserve and contribute to the state colettion relics and souvenirs of early days which else may be lost. I can re- how we used to carry ‘water to: the fields in canteens that‘had seen ser-! vice in the Civil war. Now they are ail gone, although they ‘would ‘have SPARTIGANS OUSTED AT VITAL POINTS BY GOVERNMENT FORGES; ~ POLES VICTORIOUS AGAINST HUNS Provisional Government Has Picked Up Suffi- cient Courage to Make Stand Against the Ex- tremists—Bourgeoise to Rescue : Berlin, Jan. 10.—Unter den Linden, Wilhelmstrasse and the section around the reichstag building have been scenes of sharp conflicts, but the situation seems somewhat improved. Govern- ment troops have captured the Brandenburg gate, the Silesian railway, the general railway and the interurban station, which were in the hands of the sparticans. The reichstag building is garrisoned by students from the University of Berlin, 500 of whom offered their services to the government. They are under the command of veteran officers. Sparticans who made a sally toward the Brandenburg gate fled after being fired on by loyal troops. Streets Defended fs . No sparticans have been able to approach government build- ings, as the streets leading to them are well defended. The Kai- serhoff and other leading hotels have been garrisoned with guests and loyal troops. Last night the heaviest fighting was at Anhalt station and at the corner of Sherlocken and Zimmer streets, where the Wolff bureau was stationed. The sparticans attacked the Anhalt station three times, and it is reported they said. they believed Field Marshal von Hindenburg was there. The sparti- cans lost 40 killed and 50 wounded; the government forces, one killed and two wounded. The sparticans made several desperate attacks to capture the Wolff bureau, but all were unsuccessful. They lost five killed and 20 wounded, and the victims lay in the streets until early this morning. ‘ Police service has been entirely suspended. It is reported that Polish forces have recaptured the village of Nockel, northeast of Posen, and that the city of Bromberg is threatened. German troops have recaptured the village of Kol- nar, further west. In Full Control The government forces are in full control between Branden- burg gate and Freiderichstrasse. It has issued an order prohibit- ing all precessions. The government has scored a success in cap- turing the police headquarters, which was one of the Sparticans’ strongholds. Eichhorn, the spartican police chief, escaped, but many of his supporters were made prisons. In issuing its orders against processions the government gave warning that its troops have instructions to fire before the sparticans begin, and to shoot to kill, The sparticans evidently are losing ‘hope. They failed to. call a'‘massi meeting of their supporters today, and the streets are almost deserted. _. , The Ebert government fully’ realizes that the test of strength it_is-now engaged in is a- decisive one. It proposes, therefore, to exert its authority to the limit. .The capinet is a unit in the con- clusion that any compromise would be costly. That the govern- ment has picked up sufficient courdge to meet the situation is veen of the greatest interest to’ the present: generation 'had‘'they been properly preserved. The sathe is true! taday of; hundréds of’inviuable' arti-| cles and records associated with the! early days in this state which are be-| ing knocked about and lost because! we have no proper place where they; can be safely housed and satisfac-! torily exhibited. “North Dakota's present historical collection never could be duplicated were it destroyed, and yet we leave it constantly exposed to danger from! fire and other menaces. I cannot be} properly exhibited in the present! cramped museum quarters, and our} children are really getting very little benefit from a collection which has torical value.” i PRELIMINARIES 10 PEACE MEET BRGIN JAN. 11 President Wilson and Delegates Chafe Under General De- | lay Encountered 1 NO INFORMATION IS GIVEN! Paris, Jan, 10.—After a month of waiting conversations prelimmary to! the world peace conference are about, to begin. President Wusoa veiwes the plan that conversations be under- taken, in advance of the arrival of the British plenipotentiaries who come! Saturday. There is some hope of} headway being made while awaiting | the announcement of the full Italian) delegation and the arrival of the Jap-| anese. | The first few conferences between | the French, British and Americans | may develop just how much progress may be expected before the president: goes home next month when he ix ex-; pected to address congress, revealing j what has been accomplished, Trained | diplomats believe the most that Pres- ident Wilson can hope to report is a} wide understanuing on tne principles | which are to be considered by the! peace conference. It is not an overstatement to say! that Mr. Wilson and the American; commissioners have been disappoint- ed in meeting with delay. Up to the| present all the progress that has! been made has been in Mr. Wilson’s conferences with French, British and Italian statesmen. The president does not believe it prudent to disclose what has been going on.. The most that can be said of the conferences so far approached only broad principles. The | conversations about to begin probably will take on the form of a round table, in which the conferences that have deen held between: individual coun- tries will be brought into considera- \300 wounded yesterday. BANDITS GET said to be due to the backing of the bourgeoise element which has developed. Geen te cls , Premier Ebert, Minister Schiedemann,and Heéri'Nosfke' of” the German cabinet have issyed a proclamation calling, upon:the people to support their efforts. to.subdue.the sparticans. 200:Killed i It was given out from official sources this afternoon that the government officials have captured police headquarters from the sparticans. This was not confirmed, however, and advices are that the revolutionists still hold the police headquarters. It is estimated that more than 200 persons have been killed in the fighting in Berlin since Monday. The hospitals cared for Twelve dead were carried into the chan- cellor’s palace during the fighting Wednesday. A demonstration of the labor party in Munich was opposed by sympathizers of the Berlin government, and several persons were killed. Results of the national election to the congress in Baden have been disappointing. The independent socialists polled less than 15,000 votes. S The machine gun firing in the newspaper quarters is almost continuous. The adjacent streets are not open to traffic because they are unsafe. Bullets occasionally can be heard humming over certain quarters of the city. The government has a large number of troops in reserve. The city has been quieter than upon any day since Sunday. Conditions have quieted down here and street traffie has been partially restored. A few stray bullets are fired from time to time. COMMITTEES AT T Worn certe MEMORIAL FOR tie tte FEBRUARY 9TH unal which will try cases in wh military laws have been broken ha: Washington, Jan. 10.—Memorial ser- murder of Capt. Fryait,/vice for Theodore Roosevelt will be been submitted to the government. These offenses consist of bombard-| ments of hospitals, the Cavell execu-j} tion, the bombing of undefended towns and | be held February 9 at the capitol. abuse of rpisoners. » | The house today passed unanimously Committees are dealing with of-|the conceurent resolution, fixing the fenses at sea, others with air offens-,;date and authorizing committees to es and a third with offenses perpetrat-| arrange the prograi seit AMENDMENTS ALL CERTIFIED The ten amendments submitted to the voters at the recent general elec- tion were certified to both houses to- \day. All of the measures referred iby the last assembly were carried, $7,500 FROM ST. PAUL BANK North St. Paul, Jan. 10—Three un- masked men entered the first state bank here today and escaped with} $7,500. The robbers fled in the di- rection of st. Paul. The police force was asleep when the robbery took place. He works nights and sleeps! days. A customer and the cashier in} the bank at the time were forced into a vault. i i LEAVES FOR EAST. J. P. Saylor, 399 iMandan avenue, left last evening on No. 2 for Wheat- field, Ind., where his mother is seri- tion. as well as two proposals initiated by the league. The fate of five other amendments initiated by the league rests with the supreme court, although the state canvassing board has certi- fied them to the general assembly as passed; WON'T COMPROMISE. New York, Jan. 10—The marine workers here today demanded “un- conditional surrender” from the boat owners before returning to their posts. President Wilson was asked to inter- vene and seek a settlement of the ously ill. strike. eos ae