The Bismarck Tribune Newspaper, January 18, 1919, Page 4

PAGE 4 THE BISMARCK TRIBUN Entered at the Postoffice, Bismarck, N. _ Class Matter. GEORGE D. MANN - -_o-_ == G.. LOGAN PAYNE COMPANY, Special Foreign Representative YOFK, Fifth Ave. Bldg.; CHICAGO, Marquette Bldg.; BOSTON, 3 Winter St.; DETROIT, Kresege Bldg.; MINNEAPOLIS, 810 Lumber Exchange. MEMBER OF ASSOCIATED PRESS ‘The Associated Press is exclusively entitled to the use for republication of all news credited to it or not other- wise credited in this paper and also the local news pub- Hshed herein. . A All rights of publication of special dispatches herein reserved. MEMBERS AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE Daily by carrier per year .....- area oe $7.51 Daily by mail per year (In Bismarck) Hd 00 Cy Daily by mail per year (In State outside of Bismarck) 5. Daily by mail outside of North Dakota........-.--+ 6. THE STATE’S OLDEST NEWSPAPER. Established 1873) <> ——_— ee AFTER THE WAR, THE FIGURES There’s a group of persons in this broad land to whom our heart goes out in profound sym- pathy. They form no faction and but a fraction of the entire population. But their work is of import- ance to us and to posterity. ' Pity the poor statisticians—the mathematical parties. who will record every phase of the war that can be set down and set forth in figures. Column after column of digits will wheel jnto line to be decimated by the cross fire of high cali- ber calculation. Batteries cf adding machines will go into action, belching billions, trillions and totals. We'll soon iearn from the compilers of numer- ical statistics the exact size of a cootie’s house- hold; how many tons of coal could be hoisted from Limbo to the moon by use of the energy Yanks liberated in cigaret puffs; that if laid pide by each, the knitting needles used by patriotic ladies would connect Paris with Vienna by the way of Berlin; and the number of heroic deeds performed by the crown prince, secured by consulting his private diary of hand-to-hand encounters entitled “Ones with Whom I Came to ‘Grips’ or List of Calls Upon Personal Friends.” Verily, the startling array of figures may send the most seasoned statisticians to sanitariums where numerals are checked with the past at the -door and adding machines click not their siren call. Liebknecht remains the werld's: best friend in Germany.» Every day. his sideshow helps reduce the Hun population... eat KEEP THEM UP This was the first. war in which the fighters were trained to play. The hostess, houses,, neigh- borhood entertainments and boxing matches of the cantonments were the beginnings of carefully systematized amusements that accompanied the fighting forces from enrollment to demobilization. Phcnographs and baseball ‘bats,-boxing gloves and movies were recognized as a part of the essen- tial military equipment. Recreation was planned like drill, transport and rationing. We tried to find the best way of doing all these things. Famous pugilists, wrestlers, baseball stars and physical trainers were hired to accompany the army and navy. Volunteer organizations, endorsed and spon- sored by the government, raised hundreds of mill- ions of dollars to provide healthful, helpful recre- ation. It was no small army of professional organ- izers of amusement that accompanied the armed host from cantonment to fighting front and back to hospitals, rest camps, convalescent stations and demobilization quarters. Playing and fighting were intermingled and both were the better done. A Surrey regiment actually dribbled a football across No Man’s Land and into the German trenches during an advance, and American soldiers tell of baseball scores spoiled by shells that blew away the bases. This was another of the thousand things that made this war, and the lessons that must be learned from: this war, unlike all other wars and their lessons. d The careful planning of play was official. recog- nition that cur fighters were human beings, citi- zens of a democracy, fighting for human, demo- cratic happiness. It was this that sent our boys with joyous, joking, unconquerable defiance of death through the red hell of battle to glorious victory. It kept them fit and brought them back the cleanest army that ever answered a roll call. We learned much about playing as well as fight- ing in this war. We learned that vicious diver- sions could be fought much better by abundant recreation than by superabundant preaching. We learned that play, as well as government, must be democratic. Paternalistic patronizing, = “up stage” directing and dictating, roused resent- ment or was baffled by indifference. Only where skilled leadership was inspired by the spirit of tion Was success attained... * We learned that such democratic play, is essen- tial to Vigorous morale in fighting or ‘working. ‘The boys at the front combined playing and fight- ing and went into the “great game” with the same spirit they learned in gentler sports. When labor ., a8 Second Editor| cratic amusement. st é we the splendid 7 we build for the organization of amuse-|is to the “world ‘the soldiers and sailors ‘and ‘apply it it aptly, and it is an appeal which will The dull boy produced by all work|in vain—Dickinson Press. .. _ and no play is an inefficient worker and a poor citizen. Our industrial centers, even more than our military camps, need organized, virile, demo- Our schools and colleges, social centers and factories can make splendid use of the amusement forces mobilized for war. If they really have to crush the Bolsheyiki, “sick” the barbers on ‘em! Persons paying 10, 12 and- 16 cents for electric} light are reminded that the Cleveland municipal light plant has found no need of increasing its three-cent light rate. A farmer of Cleopatia, Mo., sold'a farm for $20,000—six times what it cost him 25 years ago. Someone, judging by the name of the place, must have thought it a beauty! | WITH THE EDITORS SINGLE TAX LOSING The single tax movement in California is rapid- ly progressing backward. At the recent election a single tax proposal was beaten by a vote of 360,000 to 118,000 after a vigorous campaign.) In 1916 a sggle tax measure received 260,000 votes, but this year the movement had too much Bolsheviki and I. W. W. support, repelling even some of the former leaders in the single tax prop- aganda.—Cogswell Enterprise. ‘ THE NEW ALLIES The truth is that the stage so recently cleared cf war has now become occupied by a political struggle, the most momentous in history. It is a political struggle not between nations, but between parties whose constituency transcends all national boundaries. The progressive wings of the Amer- ican parties, British labor and liberals, French and Italian and Belgian liberals and socialists are for the purposes of the peace conference one party. The Lodges and Milners and Carsons and Clemen- ceaus and Sonninos and their following of imper- ialists and militarists and protectionists consti- tute the opposing party. Chance has decreed that |the liberal party shall dominate the delegation of one country, while the reactionary party domin- ates that of another country. Thus it may hap- jpen that the votes of the French delegation fall on one side, that of the American delegation on the other. But that does not justify us in saying that the “French view” opposes the “American view.”—The New Republic. : | AN INCOMPARABLE NAVY What the president is saying in Europe may be better understood, perhaps, when we. grasp the meaning of what Secretary of the Navy Daniels has been saying to the committee on naval affairs of the house of representatives. In the program which Mr. Daniels has - laid down there is no hint of Utopianism. In spite days of happy international amenities, his aim, plainly stated, is an incomparable American navy. The appropriations that he asks for.are. in line with others suggested when the end of the war was thought to be a long way off. He boldly an- nounces a purpose to provide for the United States a navy second to none. Some of us may see in this a challenge to Great | Britain, but in reality it is only a measure of de- fense for the United States. What the outcome of the congres of Versailles may be no one is now wise enough to predict. If by any means the con- ference is controlled by- imperialists and political reactionaries, the American theory of world peace ‘and stability will be lost irrevocably. In that event we must rely for our own safety upon 2. navy, and it must be a navy that no nation and no group of nations will lightly challenge.—New York World. | FEEDING THE. HUNGRY Famine and disease follows hard on the heels of war. Asan aftermath of the great struggle which has wrung and desolated Europe, two hun- dred million people face starvation this winter in central Europe, the Balkans, Russia and the devas- tated districts of France and Belgium. It means the death of countless thousands of innoeent wom- en and children, a fate which all the dictates of humanity declare must be prevented if. possible. Again it is a task, gigantic in proportions, which is up to the United States. We must feed the hungry even if we ourselves go on short rations for the winter. They are looking to us for succor and we cannot turn a deaf ear to their appeals. Food literally by the thousands of tons must be shipped across the sea and in order to do this we must conserve and sacrifice. { of everything said and done in Europe in. these|™ January 19, 1919. This week all the time of the Court has been given to the hearing of de- bates. Next week we purpose to coun- sel together and to hand down a nun- ber of cisons. I think it a fairly good -idea during the first’ two wee of each month to hear debates 6n thir- ty or mor¢é cases and during ‘the’ bal- | ance of the month to decide each and every one of them. + aa This week Judge Crawford sat\ with | us in conference. on‘ a motion’ to ‘fe-| consider the old Finlayson case.*" The motion was denied, and I submit, the! gist of my dissent. The judges con- cluded ‘to folow an old political’ de- cision in the Markuson ease, 5 °N.'D. On a charge of keeping‘a place’ for ‘the | sale of liquor. contrary to the order of the Court, Markuson' ‘was tried’ in‘ a summary manner, dented: the constitu- tional right of trial by juryjand:seu- tenced to the pen for two years. The judges knew on which side thetr-brend was. buttered; they did not ‘want to lose. thelr office and so they made what | y be called a rotten: potitical/detis. i ion. But: it. wag ever thus: the judges | are men, and, of course, they ure sub-| ject to the same motives and: passions which influence, other: men. judges and some politictans a of holding office they do not cure to shorten their. political life by jany. de- cigoh or by any expression of opinion. That ‘has been true of the judges in everyage and, of nearly allcthe old: time District and “Supreme ©. Court | judges of this state.” 3 ROBINSON, J. (Condensed): In this case. under Sec. 10117 and 10118 of the Compiled Statutes. defendant was summarily convicted: of the crime of contempt and sentenced to be im- prisoned. in the penitentiary for two! years, The statute is void for several | Teagons: eit 1. ‘Its penalties are excessive. 2.- It makes an accusation presump- tive evidence of guilt. 2 3. It denies the right of trial by! jury. The U. S. Supreme Court ‘has justly } held that it is not within the province of the legislature to declare a person guilty, or presumptiyely . guilty . of crime. Hence. the section of the stat- ute is void for the reason that it de- clares that an acusation shall be pre- sumptive’ evidence of guilt. And, un-/ der the constitution) excesive fines ‘and penalties may not be injposed;: and*in this case it, is manjfest ‘that’ he: pen- alty is grossly excessive. The offense charged is the sale of a few bottles of beer, a thin no malum in se, a thing legal and common in most. countries and not forbidden by scripture. And the penalty is the same as for the most atrocious of crimes., Indeed, the minimum gr least penalty, which is one year in the penitentiary, is the same as the penalty for arson, for burglary, forgery, grand larceny, per- jury,. manslaughter in:the second de- gree, adultery, abortion, child stealing. bigamy. incest, sodomy, burglary in the third degree and extortion. _ Mani- festly the least penalty for such odious Much depends upon the speed and the, fullness with which we perform this duty. Hunger is the twin brother of anarchy. Starvation and famine stir the elementary beast in mankind. Lack of food shakes the foundation pillars of society as nothing else can, for it reduces men to a mere animal struggle for existence. Hunger bred the terrorism of the French revolution. . The deadly are menaced by famine in Europe. The as Mr. Hoover phrases Business Success , YoOURIGOAL / SATURDAY EVENING LETTER : By Justice J. E. Robinson nc crimes is excessive when applied to the crime charged against the defendant iu this case. By the constitution it is provided: Sec. 7. The right of trial by- jiry shall be secure to all and shall remain inviolate. ‘ Sec. S: All.offenses shall be pre cuted criminally by~- indictment, or in- formation. a, f Sec. 13... No person shall be compel- led in any criminal case to be a wit- ness against himself. The statute wnder.which thie defend- ant’ was convicted, and sentenced, to the pen for two years is in direct and manifest violation of these provisions of the constitution. _We need not ar- gue to prove that the right of trial hy jury ‘should forever. be held. sacred. Arbitrary power may not safely be given'to any man; it makes him a rant'and a despot; it ruins the ¢h: acter of the judge. As Blackstone ha: wriften. In settling jand adjusting questions of, fact, when, entrusted to a single magistrate, partiality and.injus- tice have ample field to range in, eith- er by holding to be, true that which. is not so. or by artfully suppressing some circumstances, stretching and warping others. and distinguishing. away , the remainder. In early days Markuson was sum marily convicted of the crime of con- tempt and sentenced to the penitenti- ary for two years. The conviction was sustained by a specious and politcal decision, and now. without attempting to defend it, or to sustain it by any process of reason, our justices follow the lead of that case. The reasons of that decision do not appear in: black and white and are of no force what- ever. The Court said it was not the purpose of the statute to punish for a substantive offense under the guise of punishing -for contempt, and: that. at common law. in a summary. proceed- ing, the courts had the, power to: con- EVERETT TRUE MR, TRUE, YOU MUST MY FRIEND, MRS. EAVESON. vict and imprison the acused for two years; and that such jurisdiction is in- herent in the courts of this state, Hence the conclusion was that the statute served no purpose, only to give to the judges nerve and backbone and jto induce them to impose an outrag- eous penalty. But the reasoning is jfalse in fact and false in law, and, in- deed, it was a gross reproach to the court. At common Jaw the jcourts never exercised any such jurisdiction. There is no case to be found where the | judges tried any man in a summary manner-and convicted Jim of a felony. -; In contempt cases the-courts of. this state have never had any common law jurisdiction. The arbitrary: power that | judges once exercised ‘ns: a partsof the royal, perogatives was never imported tto,the Dakotas. It was not in keeping {with the Western spirit of freedom. equality and independence. The facts in this ‘case admit of no dispute, no evasion or’ equivocation, aid the ‘same is true of the law.': Under’ the consti- tion as itis, no person may be convict- ed’ of ‘any’ ‘crime and’ sént £6 the’ peni- tentiary without trial) by jury. No person may be compeled to bea wit- ness against himself, nor tried. for a crime, except on‘an indictment or in- formation.» Hence, in this:;case,’ the trial and conviction and ‘sentence were in direct conflict with the‘fundamental law. . No judge or lawyer can honestly tattempt to maintain that under our constitution a person may be convicted of crime and sentenced to the peniten- tiary, for two years without a trial by jury. No oné can maintain that the guaranties of the constitution may be changed or evaded by any name that the legislature may choose to. give u crime. Truly yours, | foe ae Phone 75, City Fuel Co. For the Beulah Coal By Conde “SCT SHE 1S A NEAR JNSIGHBOR Ge or Yours: fe z CHARMED, r 4SSURE ‘out BACTHOUGH WE NEED NO INTRODUCTION, THE LADY 1S PRETTY WELL ACQuUAN. “ED = WITH OUR FAMILY Arrale 5, HER ‘PHONE AuD OURS ARE ON THE Samet HTIUO*PARTY LING AND WG OFTEN CATCH HER yy LISTENING IN oe not be made} s*=: ATURDAY; JAN. /18;71919- i ) FOR FOUR YEARS French Judge Returns to Battered Remains of Cambrai. _, Home. HID PRICELESS CITY RECORD ——_- Refused to Leave Post When Hun Hordes Poured Through His Coun- try—Tells of Cruelties Inflict- ed by Invaders. Paris.—There reached Paris recent: ly a fine-looking old French gentleman, sad-eyed, hollow-cheeked. For four years he had been held prisoner by the Germans in the city of Cambrai. He had seen the Hun kaiser three times passing through the streets of his city which previously had ) been swept by the French women. Night after night he had been forced to go and sit in the railroad stations of the city while the British bombed them. He had seen his ‘friends, people once wealthy and of high birth, sent out to dig trenches, to bury the dead and to cultivate and weed the fields. For two years he had only soup and cocoa for his dinner and a semi-monthly allow- ance of three-quarters of a pound of meat and black bread. \ Henri Bergier reached Paris just a: the news came from the front tha’ British and American troops had freec hig home. As soon as he Is stront enough to travel again he will returt there to find, if possible, the priceles: records of the city which he hid fr 1914 when the Huns swept across Bel gium and invaded northern France. Stuck to His Post. ° As a judge of a tribunal or cour of Cambrai, Bergier refused to leave his post when the German horde: poured through his country in ‘August 1914. By a trick of chance he hac just sent his wife and three daughtert to Boulogne-sur-Mer, on the coast of France, for a holiday and was plan: ning to join them early in September. The meeting was deferred just fout| years. He was captured, but waf| spared the bitterness of seeing his family subjected to the humiliations which came to the other women of Cambrai. His wife and daughters at once volunteered for hospital service and worked so heroically for three years that they were decorated by the French, government with the, meda! “des epidemies et du devouement.” The story which Bergier brought back was one of. want .and. suffering The Germans held him as hostage. 86| he was not maltreated. ‘Whenever the city was bombed, ‘however, he’ wat sent with three other Judges, also held as hostages, to sit in the railway, ta: tions so that they would be killed if the traffic centers: were destroyed. The people ‘of the city’ who did ‘not hold official positions were treated more summarily, The women were all made to do menial work of some kind, such as sweeping the streets of the city or cultivating and weed- ing the fields. The young boys and men were sent out to dig trenches and to bury the dead. No one was al- lowed to leave his lodgings after seven o'clock at night, and: no lights were allowed at any time. Turned Out of Homes. Family after family was turned out of homes to make place for the wives of the German officers who came to stay in Cambrai with their husbands and for German actresses and sing- ers who were brought from Germany to stage performances of grand opera and to make merry in the casinos. The prisons were kept filled with “offenders.” One woman was thrown into jail because she had hidden a copper vessel, a family heirloom,” in defiance of the German. order requis!- tioning everything of metal from the people. Another woman was arrested because she read a copy of a French paper which had been dropped into the elty by allled airplanes. Early in September Bergier was told that an exchange had been effected and he was to return to France. He would be: permitted to take with him what belongings he could carry. He found an old baby* carriage with two wheels off and. patched it up with wheels from a dismantled gun. His clothing, though threadbare, still held together, but he had no shoes at all. He took the leather portfolio. which his youngest daughter had used to carry to school and made a sort of footgear out of it, using for soles the helting from a machine in an aban- doned factory. Pert of his Journey to Belgium he made on foot,. pushing his belongings along in the old baby carriage. Part ; he made by train, From Belgium M. Bergier went to Switzerland, finally arriving in Paris where he rejoined his family. Four Average, Ninety-Two, Years,, Bowdoinham, Me.—Living together in this town are Mrs. Eleanor Sparks, aged ‘one hundred years: her. sister, Mrs. Mary A. Green, aged ninety-elght years; their brother, William, K. Den- ham, eighty-five yenrs, and his wife, aged eighty-five years. Multiply in Transit. Ellsworth, Me.—A local man sent @ pair of Belgian hares from. New Hampshire to his family hete. When » the crate was opened at the Elisworth | heme there were 14 hares. sats