The Bismarck Tribune Newspaper, January 14, 1919, Page 1

‘ , General election, and which secured THE WEATHER: Fair tonight. K TRIBUNE LAST EDITION = sanaprenrecenan eed THIRTY-NINTH YEAR. N 12. THE BISMAR( . BISMARCK, NORTH DAKOTA TUESDAY, JAN LEAGUE STEAM ROLLER TROTS INTO THE FRAY Good Old Machine All Greased Up and Operating with Smooth Precision AMENDMENTS ARE PASSED Nonpartisan Majority ; Coolly Rides Over Independent House Minority Arguments in the case of North Da- kota ex rel W. E. Byerly and Theo- dore C. Nelson, versus the state boara of canvassers were completed short- ly before noon Tuesday, when the su- Preme court took the matter under advisement. The principle question submitted was that of jurisdiction, up- on which the defendants, through At- torney General Langer, presented a separate brief, setting forth his con- tentions that the\ action shoula be quashed, inasmuch ag the function to ‘be exercised was legislative rather than judicial. The court heard argu- ments on this motion from both par- ties, but it declined to rule separate- ly on the question of jurisdiction, which will be considered with the or- iginal issue presented—the question of whether the state canvassing board procended properly in declaring pass- ed five,of the seven amendments in- itiated by the league: at the recent only a mafo~'‘- af the votes cast up- on the several questions and not a m.- jority of all the votes cast at the ‘gen- eral election. The attorney general contended first that the applicants upon allega- tions contained in the affidavit for writ of certiorari do not establish a proper interest to grant the right with respect to the subject involved to bring this proceeding; second, that the question presented ‘by the appli- cation is a moot qyestion and one prematurely raisea at this time; third, that a proceeding to amend the con- stitution, in which both the legisla- ture and the electors of this state par- ticipate, is. a legislative proceeding with which the judiciary have no jur- isdiction. to interfere during the! course of the proceeding. The attorney general quotes a large number of decisions of ‘North Dakota and other states and con- cludes with: “It ts our-contention that these authorities bear, out the asser- tion of the respondent that this court has no jurisdiction of the matter in question, as it has ‘been presented by, the relators. That s0.far as aby, a tion’ on the; part ofthe state joard of canvassers is ‘concerned with. re-! spect to the five amendments, that action is not open to be passed upon or for review at this time by this. court. It is our contention. that that action was legislative in function, and that the judicial tribunals, of _ this, state have no power to interfere with such actions or review the same un-| til the legislation resulting. therefroin | shall have become faw.” Upon the merits of the original ac- tion the attorney general reviews the proceedure of the state canvaséers and | adheres largely to the opinion upon which the state board based its action , in passing the five amendments in question, He quotes from Judges Cor- liss, Spaulding and other, members of North Dakota supreme courts and from the supreme courts of other states lengthy decisions which he de- clares uphold, his contention that “a majority of all the legal votes” can mean only a majority of the legal votes cast for or against the particu- lar question concerned. : His conclusions are that: The jan- guage of section 202 meas a major- ity of the votes cast on each proposi- tion, otherwise the word. “voters” or “electors” would have been. ased; that the Gillespie case, quoted extensively is ag fundamental in deciding this case as any of our own decisions; that the construction placed .on the sec- tion in question both by the legi: ture and the contrasting provisions of ‘the constitution foreclose any; but the respondents’ views as set out; that the weight of authority to almost the point of uanimity upholds the case of the respondents; that the Barnes case, the ‘Langley case and ‘the Blais- dell case foreclose -all possible ‘con- troversy in opposition to the action of the respondents. \ $ The league steam roller, all dressed up and with a very definite idea of where it had to go, was trotted out Monday afternoon, when it gaily) trun- died in the most approved fashion over the independent minority in the lower house. The minority, on Saturday had secured permission to discuss in com- mittee of the whole the concurrent res- lutions ratifying the amerdntents In- itiated by the league in the recen: zen- eral election. On Sunday this action of the house majprity came up iy the private league caucus for considera- tion, and it was decided that too nich | liberality had been shown the mivor- ity. Therefore, the very first thing that happened when. the house met jn a continuation of Saturday's session at 1:30 Monday afternoon was a motion from Gidell Patterson, one of the league's floor-leaders, to reconsider the action.on O’Connor’s motion to discuss the league resolutions In committee of the whole. That proposition went through 66 to 34, and thee in jiz time a motion to table J. F. °. O'Connor's motion fer committee of the wile was adopted 78 to 34. It was the first actus! appearance of the league machine, and it was found to be in splendid working order. While the gag was applied as to'dis- cussion of the resolutions in committee of the whole, the entire afternoon was given over to debate pro and con on the three resolutions which were ad- opted before the house revessed. until today. Rep. J. F. T. O'Connor made a dramatic plea for ratification ‘only! of the amendments ‘which “he dstlared’ (Contineed Page Three.) wh oe 7 |OFFER WORLD LEAGUE PLANS Bourgeoise hag framed a plan for a world league, based on the French idea. Cecil has prepared a plan from the British viewpoint, and these two men have been delegated to the peace congress ‘by their governments to give special attention to this phase of the work of the congress. They will ‘be spokesmen for their countries when the forming of the world federation is under way. ~ LUXEMBERGERS FORCE DUCHESS 0 ABDICATE Geneva, Jan. 14.—It is, reported ‘that that: there hasbeen an,.effort made to form ‘a republic in Luxemberg. Force was used to compel’ the Grand Duchess, Marie ‘to. abdicate. | The Grand duchess refused to abdicate ‘and she was given twenty-four hours to leave the capital. She refused to leave the country but, consented to go to her chateau in the country. A parliament which was formed at the creation of the new republic has held a meeting. The feeling which prevailed against the (rand Duchess and caused the people to demand her adbication was said to have been caused by her giv- ing aid to Emperor William. the crown prince and other German of- ficers and her having consented to an engagement of her daughter with the crown prince of Bavazia. The newly made republic in Luxem- berg lasted only six hours. The re- public was proclaimed on : Thursday according to a report to the Express. wrench military offic were (de- tached to restore order in the. grand duchy. , ' a Some of the factions: of the newly proclaimed*repudlic of Luxemberg de- cided to send official representation to Paris, according to the Journal-des- De-Bates. There was an added movement to finance a move which was to add the republic to France. GEORGE SHELDON ‘PASSES AWAY ‘New York, Jan. 14.—George Shel- don, financier, financial treasurer of the republican national convention died today at Carbondale, Ill. He ided of injuries received in a mine accident. The news of his death was received at his office in the cty of which he had been a life long resi- dent. : GIL HAGGART WANTS AGGIE’S DEBT SQUARED Senator Gil Haggart of Fargo is author ‘of a bill appropriating $18,500 to make up a deficiency which the state agricultural college incurred in erecting barracks, mess’ hall, kitchen and other facilities for the S. A T. C. and vocational training corps during the last. fall, and to provide ‘or ne- cessary remodeling to convert th2se quarters into class rooms and other college auxiliaries. Senator Nelson of Richland county fathers Senate Bill 17, which max the legal interest rate six per cent, and Senator Haggart is author of a new oil inspection bill placing the super- vision of this department under Dr. E. F. Ladd, state fuod inspector, who is to serve without pay, and who will have the power to appoint five. trav- eling deputies to receive not moru tuan $2,400 per annum and expenses. The bill fixes a schedule of tests and fees, and provides’ that all of the latter ‘shall ‘be paid <into the state 'the proceedings SUPREME COURT ‘JURISDICTION ISQUESTIONED Attorney General Holds Bench Would Interfere with the Legislative Functions 7 NOT BEFORE ASSEMBLY Stutsman. Contends Constitu- tionality of Canvass Must First be Determined | Attorney General William Langer assailed the jurisdiction of the su- preme court to act ina matter which he declared. called for the exercise of purely legislative functions at -v o'clock Tuesday morning when the canvassing ‘board appeared in re- sponse to the court's order to show cause why there should not issue a writ of certiorari for the review of of the canvassing board in certifying the passage of five league amendments which did not re- ceive’a majority of all the legal votes cast at the recent general election. Attorney General Langer argued that the supreme court had no power to enjoin the legivlative assembly nor to interfere with its deliberations, and he declared the powers and duties of the legislature with regard to the ratification of amendments initiated wy the people clearly defined in the second section of chapter 16 of the state constitution. Attorney General Examined. ‘Former Assistant Attorney. Genera! Harry A. Bronson, now a member of the supreme court, cross examined the attorney general from the bench. Associate Justice Robinson, who some time ago issued a letter attacking the action of the state canvassing board. also interjected a number of questions tending to show that he regarded the point raised by the attorney general as significant. W. ‘H. Stutsman, attorney for the petitioners, Theodore G. Nelson, secre- tary of the Independent oters’ as: ciation, and William BE. Byerly, chair- man of the democratic. state centrai committee, addressed himself first to ja defense of the court's jurisdiction in the matter. “He stated that North Dakota was one-of only five states in the union ‘whose: constitytions.do not} clearly define the legislative, execu- tive or administrative and judicial! functions of* the coordinate parts of! the state -govérnment. In other states, he declared, there could be no | possible transgression :- of authority | rom one department upon-another, “In North Dakota,”said ‘the attorney, “the boundaries wére, ttot so -cléarly, de- Yined.” 2 ; ‘ Powers Ministerial: @ He insisted, tiowever, ‘that the, pow- érs’'conferred upon the. legislature (Continnédt on Page Two.) BOLSHEVIKI . AGENTS HERE OBEY LAWS Washington, Jan. 14.—Bolshevik agents in the United States shows no disposition to open disruption accord- ing to deupty justice officials. The agitators so far in New York confine themselves to discussions of economis rather than political conditions. So far the organization is‘law abiding. HONORS TO MAJOR NATIONS TO HAVE FIVE AT CONFERENCE Procedure for, Peace) Council Takes Up Preliminary Discussions: : POINCAIRE TO GIVE TALK Will Start World Cenetea For- mally by Address on Saturday Paris, Jan. 14.—France, Great Brit- ain, the United States and Japan each will have five representatives in the peace conference. This was decided today. Brazil was given three, Belgium Ser- bia, Greece, Poland, Czecho-Slovak and China. three each and Portugal} and states which merely broke with Germany, were given one delegate each. The British dominions will be represented apart from Great Britain. Most of them will have two delegates each, Postpone Consideration. Consideration’ of the question Russia was postponed. The council started the discussion of procedure. ‘A ‘proposal of Presi- dent Wilson to send technical ques- tions to committees was adopted. Oth- er measures of procedure will be dis- cussed. President: Poincare will open the conference _ formally.’ Saturday with an address. ‘ Russia ‘will ‘be; represented at the conference but what its composition will be will be decided at the next meeting. This will be held tomorrow. League of ‘Nations. The first question, to.come up ‘be- fore the congress will be the league of nations. It was made known today that the conferees will devote twelve hours a day to this - work until the work is completed. Representatives of ‘a census of opinion who have been discussing the subject will present some kind of 9 composite plan for a league. It will Ve’ a. starting .point only. Marsal Foch is on his. way‘to Treves to: lay down terms for an extension of the armistice. ‘There was some inclination to make the armistice more drastic than in the first instance but this was not. carried out. ‘ . Provision is made, however, foc full restitution to France for property ta- ken. -" f Arrangements .have been, made so that,.all nations will’ ger’ an : “even chance. on ,all news. emanating from the council. ;A joint statement: will be issued .each day... President Wilson ;{ has. consented to. meet the American eorespondents ‘{hrouch ‘a publicity agent, Kay. Standard Gaker. The cor- respondents. will not: have direct .n- tact with the origin of the informa- tion. KAISER BILL GROWS BEARD \ (By Associated Press.) - Amerongen, Jan. 14.—William ‘Hoh- enzollern is’ growing a beard on ac- count of having had an operation per- formed on his ear. The former em- peror’s appearance is, copsiderably changed. The ear was affected by climati¢ conditions. The new beard fs iron, grey,.and makes the former rul- er, look considerably older. THE QUEEN Belgium’s queen was almost buried under a mass of flow- ers when she entered Liege with King Albert, proof of the regard in which she is held by the peo, i : h acknowledging the tribute from’ the back : Here she. is shown ~ of: her horse. le of her: country. STRAPS ae of! PRICE FIVE CENTS “SAVE RUSSIA OR PEACE MEET WILL BE HELD IN VAIN Confidential Agent of President Masaryk, Just Out of Russia, Sees: in ‘Intervention Only Hope for End of Warfare ‘BY KENNETH W, PAYNE N. €. A. Staff Corespondent. ‘New York.—“A league of nations, future peace, world democracy, all the Breat ideals we have fought for, are impossible while the Bolsheviki re- main in power. Yet the power of the Eolshéviki today is greater than it has ever been. ‘Nothing ~.t a police force pf severa] hundred thousand al- Med troops can save the situation in Russia. Unless Russia is saved, the world cannot be saved—the very work of the peace conference is like ly to go for naught.” This is the message brought to America by Captain Ferdinand Pis- fecky, of the Czecho-Slovakian nation- lal council, who comes straight out. of the chaos of Siberia, via .apan, and is ‘on his way to join President Masaryk, lof the new Czecho-Slovakia, for whom he has been confidential representa- | tive to the United States. Pisecky, formerly a professor in the ‘University of Prague, Bohemia, is a brilliant political observer, as well as |® soldier. | Captain Pisecky believes the real issue of world peace will be settled according as the allies help or desert the Czecho-Slovaks in Siberia. “In a military way,” he said, “the ‘Bolsheviki ure today stronger than ever. They have probably 60,000 good soldiers against us in the east. We number only 30,000, and have suffered untold hardships. Army of Trotzky Rules Over Russia. “People wonder why the ‘Bolshev- iki have held on so long. The secret Nes first in this military force. Trotz- ky has re-established discipline in his army. Under Kerensky, all discip- line went to pieces, and all Kussia be- came disorganized. So it happens that one small, autocratic force, well disciplined, is able to rule over the great unorganized mass of the Rus- sians. “The statement that allied interven- tion would drive the Russian people into the arms of the Bolsheviki comes generally from people who do not know the facts first hand. The peo- ple are no more pro-Bolshevik than they are pro-German, and have the greatest. friendship for the allies. “You ask whether the Bolsheviki are proGerman. Why ‘try to probe their inner motives? It is the logic of fact, the actual» results of their regime, that count. These are unques- tionably: pro-German. “The allies ‘could sweep. the whole Bolshevik regime off gt the backs of the Russlan people would they con- sent to send a police force into the nation. About 200,000 or 400,000 men would do the work. Let one force {move in from the Black Sea, another down upon Petrograd, and a third from the east, with our Czecho-Slovak ‘boys’ as a nucleus. Suspicion Holds Up Japanese Intervention. “The / small American force 1s around Vladivostok. The Japanese force of 12 divisions, about 30,000 men, is much farther west, at Chita. {And our Czecho-Slovak force, in dire need, lies thousands of miles still fur- ther on in the Urals. “Why do not the Japanese come to our aid? Because they refuse to move further while their motives are suspected, while one of the allied na- tions refuses its support. “Why cannot America be ‘business- like with Japan? Why not lay all the ‘cards on the table? Ask Japan in concrete terms what she wants, and what she will pay. It wants only such frankness to establish a complete un- derstanding between the Japancse and ail the allied peoples, “If, in frank accord with the Jap- anese, the allies drive out the Bol- sheviki, the future of world peace is assured. If they do not, ft is grave- ly imperiled. No league of nations will be possible. ‘Bolshevism. if not destroyed, will spread to Germany. Terrorism will sweep all central Eu- rope. It will flare up in Japan. And this Bolshevism is an evil parallel to the destroyed evil of German militar- ism. It is the dictatorship of one class over all others, enforced /by ‘blood and iron: “Today only the small, outnum- ‘ered, decimated Czecho-Slovak force stands as a bulwark between it and ¢ivilization. And when I left, our boys were scattered in three groups and had given up all idea of fighting further against the world menace of Folshevism unless supported by the allies.” DICKINSON MAY GET BIGGER BIT PSEA In conference with the budget.board yesterday. the state board of regents declaréd it was not satisfied with the small appropriation of $45,500 for the Dickinson normal for the ensuing biennium, and it objected to the fa that no appropriation: had been m: for buildings. It is probable the bud- get board will reopen the considera- tion of this item, and it is possible that it may visit Dickinson to more Clearly determine thé needs of .the state’s newest educational institution. Although occupying temporary quai excellent enrollment from the first, and its president, Dr. S. T. May, form- erly of Madison, S. D., is regarded as one of the state’s most capable edu- cators. HUGE ENGLISH ESTATES ARE BEING BROKEN UP N. E. A. Special. to The Tribune. London.—Perhaps the Duke of Suth- erland anticipates the breaking up of big estates with the coming of prom- ised land reforms. At an rate, he ‘has placed on the market 90,000 acres of the each coast of Sutherland. Oth- er huge estates in Engiand are alec going on the market in the spring. ters, the Dickinson normal has had an’ “FERDINAM PISECKY: YOUNG URGES DIVERSIFIED FARM ACTIVITY North Dakota Congressman Be- lieves More Live Stock Must Be Raised Washington, D. C., Jan. 14.—In a statement issued by Congressman George M. Young of North Dakota to- day, he urged that farmers substitute for wheat raising the raising of liye stock, coarse grains, and fodder, in so far as it can be done profitably. He said: “The war is over and there is no further reason to plant wheat trom patriotic motives. Indeed there are big stores of wheat throughout the world and there is likely to be over- production. Our government is bound; to take a substantial loss upon every wushel raised. “I ‘believe congress will keep faith with the farmers and appropriate suf- ficient money to make good the wheat guaranty for this year’s crop. And it is the undobuted right of every farmer to grow wheat and sell it at the guar- anteed price. Un account of greatly increased labor and other costs wheat raising has not been. as profitable as popularly believed. The farmers’ took less for their wheat in 1917 and 1918 than they would have received had the market not been controlled by the government, and this is the year when that: loss can: in a measure, pe made up. It is undobutedly”d ‘fact, how- ever, that many farmers turned reluct- antly from stockraising to wheat farm- ing in order to aid the government in time of war. Now the situation is re- versed. 1 “Before the war the belief among the most thorugtful and best informed agricultural leaders was that no price or yield, for wheat should tempt the farmers to turn from livestock rais- ing, and it isthe belief of such men now., It is to be hoped that the farm journals, department of Agriculture representatives, and all others inter- ested will put the facts before the farmers. It is the undobuted right of every farmer, both moral and legal, | to grow wheat where he has planned for it and cannot change his plans without loss, but it is also true that we have failed to learn the great les- son of the war if we do not recognize the obligation to help our government in time of peace as well as in time of war.” WILSON PLANS SPEAKING TOUR (By Associated Press.) Paris,(/ Jan. 14.—President Wilson contemplates a speaking tour of the United States when he comes home early in March unless he is compelled ‘by, some extraordinary occurrence to call a special session of congress. At present he has no plans for an extra session and plans his trip to acquaint the people with peace procedures at} raris and if possible to sound out) public opinion in regard to his peace proposals and his policy in regard to; a league of nations. So far Mr. Wil-} son has given out no plans for his trip nor intimated that he planned one but persons close to him politically say he will make the move. He will probably return to Paris in the sum- mer if his presence is desired when the policies he advocates come up. It is expected that the peace confer- ence will,last through the summer. Strikers Continue Street Fighting Buenos Ayres, Jan. 14.—Reports de- scribe conditions as orderly today. Toward evening eight or more Bol- shevik leaders were shot. The shots were described as coming from win- dows and roofs. Street cars were stopped and operators were not al- lowed :to run cars. The situation is gradually clearing. The situation is still serious as workers refuse to work. Indicating what might be done with the Bolshevik, General Dellepain at his headquarters is quoted as say- ing, “The Bolshevik and armed Sov- jets may land at Eshuia.” This is & prison at the southern end of the country. HOOSIER STATE jplant at Dresden. DEFEAT OF SPARTICANS IS COMPLETE Revolutionists Ready to Discuss Plans to End Long Struggle THREE HUNDRED KILLED Russia’s Hand Seen in the Pres- ent Factional Strife at Berlin Paris, Jan. 14.—(Havas)—The lat- est advices received here from Ber- lin report the complete defeat of the Spartacans. The workers in the arms and munitions factories, who were considered partisans by Dr. Lieb- knecht, have expressed a desire that the shedding of blood be brought to an end. RUSSIAN AGENT TAKEN. Copenhagen, Jan, 14.—The. Sparta- cans were reported to have admitted defeat and to have declared their readiness to accept the government conditions, providing election of the national assembly is postponed three months. This statement was credit- ed to Herr Schultze, secretary to Chancellor Ebert, in a dispatch, today from Berlin. Another dispatch, filed in Berlin yesterday said government troops had captured central police headquar- ters, the Tageblatt offices and the Boetzow brewery, and that Kar] Rad- ed, Russian bolshevik representative, had been arrested. An early dispatch yuoted the Deutsche Tageszeitung as saying that Radek, Karl Liebknecht and Police President Eichorn had taken refuge in the Betzow brewery, where they were protected by a heavy guard arm- ed with machine guns. It is believed that Liebknecht was killed in street fighting Thursday. Government troops have recaptured the Spandau arsenal, court martial- ing and shooting the Spartacan com- mander, according to other Berlin re- ports. They also cleared the Sparta- cans from the Tiergarten. The Hi lenze railway station is now in gov- ernment hands. The Vorwaerts building, which was shattered by government artillery, was stormed and captured ‘by gov- ernment troops Saturday. They found 125 dead in the building. George Lede- bour, leader of the independent-social: ists, and others were reported to have been arrested in this encounter, About 300 Spartacans were report- ed killed and 700 wounded in the iat- est fighting, raising the total of dead to at least 1,300. A socialist republic was said to have been proclaimed in Bremén. In Stuttgart Spartacans took the town hall after several hours street fight- ing. Street fighting was reported in Hag- en between minority socialists and cit- izens who had volunteered to fight for the government. SOUTH GERMANS BLAME BERLIN Vienna, Jan. 14.—Authorities in oth- er German cities blame the Berlin government for permitting the spread of bolshevism throughout the country, reports received from various sources indicated today. They take the atti- tude that Chancellor Ebert's repress- ive measures were not severe enough at the outset of the ‘Berlin revolt. Munich is reported to be near a panic through fear of bolshevik upris- ings. Thousands of persons staged & demonstration in front of Kurt Eis- ner’s headquarters. Incipient riots resulted in the death of four per- songs and the injury of seven others. Runs were started on the banks. Communists under Spartacan lead- ership stormed the Volkes Zeitung They were dis- persed by government trops, who used hand grenades. Twenty were killed and many wounded. RQUITY HAS GOOD YEAR Vergo, Jan. 14.—J. M. Anderson, son, president, addressing the conven- tion of the Equity cooperative asso- ciation opening said that 1918 was. the most prospecous year the association has had. The grain department, he said, showed a profit of »38,000. MOONEY TRIAL AT ISSUE Chicago, Jan, 14.—More than oue thousand delegates representing near- ly every national union and labor union in the country met with the national labor congress here today which was called by the national la- ‘bor unions here to talk over a new trial for Mooney. ed the radical labor was repre- sented was evident when any men- tion of a strike was made ft Was en- thusiastically cheered. E. D. Nolan. chairman of the meeting, told of-the unsuccessful efforts for a new He suggested three plans. An ap- peal to Wilson, the necessary legisla- tion to set aside a verdict and the lJast for a general strike. He express- ed the belief that the strike should not be used until everything else was RATIFIES W. S. AMENDMENT Indianapolis, Ind., Jan. “14—Indian- apolis ratified the prohibition amend- ment today. The vote was 87 to 11. tried. peptic ot th before a general strike is called. He said that the fundamental questians