The Bismarck Tribune Newspaper, March 29, 1919, Page 4

insta tara GEORG" D. MANN - - ae * PAGE: 4. THE BISMAR(’ h TRIBUNE ——— - Entere! at the Postoffice, Bismarck, N. D., as Second Class Matte . - ~~ . Editor G. LOGAN PAYNE COMPANY, NEW YORK, Fifth Ave. Bldg; CHICAGO, Marquette Bhig.; BOSTON, 3 Winer St.; DETROIT, Kresego Rldg.: MINNEAPOLSS. 810 Lumber (xchange. ASSOCIATED PRESS ssc’ is exclusively entitled to. the use for puslicution of all news c edited to it or not otherwise ered'ted in this paper and also the local news published be eir. Al! rights of publication of special dispatches herein are also reserved. ‘TEMBER AUDIT BUREAU OF CIRCULATION ION RATES PAYABLE IN ADVANCE Dail by carrier per year_......seeeeee e+ e$7.20 Daily by mail per year (In Bismarck) MII’ 720 Dail: by mail per year (In state outside of Bismarck) 5.00 Daily by _mail outside of North Dakota .. 00 THE STATE’S OLDEST NEWSPAPER. (Established 1873) <> ——_$_ = HARSH WORDS NOT ESSENTIAL TO | ‘ MARRIED HAPPINESS i Listen to this, you married folks who seem to feel that one of the happiest things about being} married is to have someone you care for around the house to speak harshly with: Once upon a time there lived a man and wife who, though they had been happily married for! twenty-five years, never said a harsh word nor a hasty word nor a nasty word to each other! In all these years neither ever heard the other make a single disparaging remark concerning the pick- ing of lemons in the garden of love or marriage being a lottery with all the numbers blanks! Even when the household bills mounted to un- expected heights, even when hubby forgot his overshoes and contracted both a cold and, grouch, even when the -children failed in school and the cistern went dry and the plumbing,sprang a Jeak, there were no harsh words, no upbraidings, nor anything of that kind. Think of it—fio rough speech when wifey re- fused to longer let hubby keep the moths out of the carpets by sprinkling cigar ashes on them, no rough speech when hubby stayed up late with a sick friend and came home with stray poker chips! in his pockets—no rough words under any cireum- stances! Think of it and gasp with astonish- ment! Who was this couple? Well, married folks, you're all pretty wise—no doubt you've already guessed it: This man and wife of whom we speak are both of them deaf and dumb! SU SCRIP We advise the Huns: not to resist the advance} of the Pole’in upper Silesia, This particular pole) is a hitching place for the allies. If SURE HATH CHARMS Kind friends, permit us to introduce Mr. S..W. McClure of Utah. aN Mr. McClure is secretary of the National Wool; growers’ association and will soon send into-our. midst. experts to instruct us on dressing and cook- ing lamb. Mr. McClure’s vision is that of a whole}. lamb on every table every day. Lamb, Mr. McClure kindly informs us, ‘has more food value than beef and is considerable less costly. Also, the British have so caught on to these admirable aspects of lamb that they eat 25 pounds per capita per year, while Americans con- sume but 5 pounds per capita, not counting goat meat so popular in our southwest. Morally, hy- gienically and economically, lamb is much to be preferred to hog or steer and, moreover, it is our patriotic duty to turn to lamb as never before. By eating much more lamb we will conserve other meats which can be sent to foreign peoples, just as we patriotically ate more corn, last year, so that Europe could have our wheat. Furthermore, if, we don’t eat more lamb, we're going to be forced to wear cambric or calico pan- taloons, through seracity of wool. Sixty per cent of the sheepman’s profits come from lambs, only AO per cent from wool. Encourage the big profits en dof his business or get your safety-pins ready for cambric breeches. Mr. McClure has other arguments for lamb but we'll leave them to be presented by his travel- ing experts and lecturers. One such argument, however—a clincher—we cannot withhold longer. It is that lamb, judiciously apportioned, makes an acceptable ingredient of hash. Anything elevat- ing hash ought to reecive a heavy vote. Dr. Ishida, accused of murder, enters a plea of insanity. The fact that he is a distinguished alienist ought to establish the fact. THE BEST START IN LIFE Way back into the beginning of time you've had ancestors. Thousands of persons now long! dead and gone are your direct relatives—so direct that had they not lived and given children to the world YOU would not be here today. All of these forebears, with the possible ex- ceptio nof the three or four most recent ones, have done one thing and only one thing for you— they’ve made it possible for you to be alive today. Their blood is in your veins and their character- istics, the scientists say, influence your life. But so far as making life easier for you through be- queathing you their savings, they haven’t done it. Unless you are one of a very small.group, not a single dollar of the money that is yours today was | trenches. erable days man has been on-the earth. Judging by the world’s experience it is impossible for any man to so conserve his savings and hedge them about by law as to keep them intact for his chil-| dren and his children’s children for more than a comparatively few years. It is not in the scheme of things that any man should perpetuate his fortune for long. But it is in the scheme of things that every man should give his children the best start pos- sible in life. It is up to all of us to save—not for the purpose of amassing a huge fortune to be as a memorial to our ashes for aeons to come—for his- tory proves it is impossible to do this—but simply and solely to give our children the start in the; battle of life that they deserve. i Wilson’s only objection to the preliminary- peace plan was that it pigeon-holed his evelasting- peace plan. A SUBTERRANEAN SCOUNDREL About this time of the year, or a little later it we have some severe weather when we shouldn’t, you will go out some morning to sniff the ap- proach of spring, and chat with a robin, and vis- ualize where the lawn will be two months from now, and you will see a lot of hill and mounds and Old Mister Mole has arrived and is busy. One flat fat mole, pushing his blind way here and yon, especially yon, will do more to a lawn in a week than a steam roller and seven huskies can smooth back. | though he may be of some slight benefit nobody has ever been able to prove it. Uncle Sam has taken the mole in hand and has issued a bulletin that tells how to catch him, As his pelt is worth from a qvarter to (wice that, and as his capture is not difficult, vo be pestered with him is needless. ‘ Give the boy of the family a dollar for a mole} trap; let him follow directions as given with the} trap, and let him spend the pelt money for any- thing he wants. | Giving a boy a chance to earn money, and; then buying his shoes with it, is like giving the wife a washboard and half a dozen cakes of soap for the anniversary present. You will know where the boy is for a couple of weeks; a rare thing in the early spring; you will probably have fewer Alps and Andes on your front lawn, and, in due time, some movie queen in arctic California will have a nice warm mole- skin coat. Movie queens, with an income of $25,000 be- tore breakfast, are the only people who can afford to wear moleskin coats. Peace deferred maketh Lenine sick “em on. , Returning soldiers will soon be farming, and the slackers will soon be fishing. The boss has a theory that about half the force is afflicted with the sleeping sickness. / Our idea of a good conversationalist is one who doesn’t use the first person singular as a text. In America one marriage in nine terminates in divorce. Wouldn't a child in time save the entire nine? If the neighbor’s chickens find our garden this time and try to dig themselves in, they will find it to be a war garden. Postponing peace: will cost France a few more million franes, but may eventually save her a few more million sons. The thing that peeves senators is that the! press speaks of the English view, the French view, and the Wilson view. It is no longer possible to inherit property in Bavaria, but the next generation will inherit the debts, all right, all right. The kaiser having finished sawing up 1,000, trees, the last one was made into souvenirs. Minia- ture wooden legs would be logical souvenirs of the kaiser’s acti Of the 12th division soldiers questioned, 88 per cent favored universal military training. | Haven't they heard about this bright new era of} ‘ everlasting peace? The old law of supply and demand will retire from business when the British federation of in- dustries gets into the markets with its associated capital of 25 billion dollars. ; The Huns didn’t appoint Bernstorff as a dele- gate to the peace conference, and we are beginning to believe that the Huns have acquired a leader with a little horse sense. Hindenburg tells us at this late hour that the kaiser fled to Holland in order to “save Germany tree than your great-grandfather! ~-Thrift, saving, the accumulation of money —_+——_ We are told that the German peace delegates ‘BISMARCK: DAILY ‘TRIBUNE In the garden he is a double nuisance, andj. As suggested by Governor Frazier,! thi who overthrew ull judicial precedent | when he directed that one-half of the | OPINION OF CHIEF JUSTICE CHRISTIANSON DENIED PLACE IN INDUSTRIAL COMMISSION PAMPHLET PRESENTED FOR PEOPLE'S STUDY By request of Governor Frazier ute, Any amendment or amend- ments proposed by intiative petition and failing of adoptivn, as herein pro- supreme court's opinion on the league; vided, shall not be again considered un- amendment ease be excluded from the; til the'ex official pamphlet to be printed by the industrial commision, in which thre opinions favorable to the league ar set forth in full, The Tribune presents IS. ration of six year The fi ion of the section s embodied in the constitution adopt- ed in 1889; the second subdivision was adopted as a constitutional amendment herewith the salient features of the | in 1914 dissenting opinion handed down this | week by Chief Justice A. M. Christian- son, senior member of the supreme court; State ex-rel. Byerly Vs. State Board of Canvassers, Christianson, Ch. J. What uumber of vote ratify a constitutional posed by initiative petition? the question which it is s determined in this proceeding. ‘Methods of Amending. The methods of amending the con- stitution are prescribed by section 202 of the state Constitutic section reads as follow: “First: Any amendment er amend- ments to this constitutign-may be pro- posed in either house of the legislative assembly; and if the same shall be a- greed to by a majority of the members elected. to each of the two houses, such proposed amendment shall be entered on the Journal of the house with the yeas and nays taken thereon, and re- ferred to the legislative assembly to be chosen at the nevt general election and shall be published, as pdovided by law, for three months previous to the time of making such choice and if in (Dissenting). sis nevessa mendment pro That. thelegislative assembly as next chesen | as aforesaid such proposed amendment shall be agreed to by.a majority of all} strument of gov members elected to each house, then’ it sembly to submit such proposed ame: ment or amendments to the people in such manner and at such times as the legislative assembly shall provide: and such amendment or™amendments by a majority of th vote for member sembly voting thereon, such amend- ment or amendments shall become a part of the constitution of this state. If two or more amendments shall be electors qualified submitted at the same time. they shall be submitted in such a manner that} the electors shall vote for or aginst each of such amendments separatels Second: Any amendment or amend- ments to this constitution may also be pronosed by the people by the filing with the secretary of state. at least six months previous to a general elec- tion, of an initiative petition contat ing the signatures of at least twent: five percent of the legal voters in ¢ of not léss than one-half of the counties ught to have! The entire ; shall be the duty of the legislative as-} Purposes, connected. of the legislative us- | “Clear Dstination Made. that an amendment proposed by legislative assembly (under! subdivision) shall be appro’ | najority-of the electors voting therein the first ey tel and that an amendment proposed by ( initiative ‘petition (under the second bd n). shall “receive!& majority of all the legal votes cast at sueh gen- eral election,” —i. e. the general elec- tion at which the amendment mitted. The ‘question hete is these ‘two iphrases mean) the thing? And‘‘did those who framed and those who adopted the second sub- division intend ‘to suy in, the latter phrase the same thing which had been id in the former phrases? Th object of construction as ap- plid to .a writtn constitution, is to ascertain and give effect to the intent of its framers, and of the people in adopting it. But “the intention to which force is to be given is that which embodied a xpressed in the consti- tutional provisions themselves. Words or terms used in a constitution, being dependent on ratification by the people ; must be understood in the sense most obvious to the common understanding at the time of its adoption.” (6 R. C. I. p, 52). “A constitution is an in- ment. made and adopted by the people for practical h. the common Dusiness sand ‘wants cof hiteman slife. |For this reason preeminently. every {word in it should be expounded in its pain, obvious and commons sense.” | 485-286). ; As the gr {the fram | the peoph understoo constitution, and dopted cit. “must. be ve employed words in and to have intend- aid.” (Gibbons. 1, 188), The noted ed what ther vs jen. 9 Whe i Judge Cooley. said: “Narrow! and technical reasoning is ! misplaced when it is brodght to bear ‘upon an instrument framed by the peo- i ple themselves. for themselves. and de- signed. as a chart upon which ev }man, jearned and unlearned. ma | able to trace the leading principles of government.” — (Cooley’s Const. Lim., ith 93). The people who adopt n constitutional provi of the state. When such petition has been properly filed the proposed amend | ment or amendments shall be published as the legislature may provide.for three months previous to the general election. and shall be placed upga the ballot to he yoted upen by the people at th next general election. Should #n3 such amendment or amendments pro- posed by initiative petition and_sub- mitted to the people receive a majorite of all the legal votes cast at such gen- eral election, ‘such amendment or {amendments shall be referred to the next legislative assembly; and shduld each proposed amendment or amend-| ments be agreed upon by a majority of all the members elected to each house. such amendment of amendments shall become a part of the constitution of this state. Should any amendment or amandments proposed by initiative petition and’ receiving a majority of all the votes cast at the general elec-| tion as herein provided. but failing to j from further losses.” Also to save the loss of a| receive approval by the following legis- saved by anyone farther back along your ete, skin very valuable to himself. lative assembly to which it has been re- ferred, such amendment or amend- ++ | nients shall again. be submitted to the people at the next general election for their approval or rejection as at the have been habits of mankind since Biblical days/ are to be on an equal footing, although there is a| general election. Should such amend- end long before. But most of the fortunes of|county among them. It isn’t saying much for the today were made by men who lived and died only other delegates to declare them the equal of the ment or amendments receive a ma- Jority of all the legal. votes cast at such succeeding general election such amendment.or amendments at once parent on are | judge “it by the meaning lite feoe’, "(Smit vs. Md. 24. 269). Of course thi certain words which -are empl ' a technical sense. seh for it the term x post facto Taw: ch wards or terms ell-understood meanin: supposed that the people had such werning in view. in adopting them. !“The technical sense in these cases is ithe sense popnl understood. be- cause that is the sense fixed upon the an * When equired 2 ed tory, where they have been emplo for the protection of popular rights. (Cooley's Const. Lim. th Ed. 94). But the words and terms of a constitu- tion “are to be interpreted and under- stood in their most natural ‘and obvions maning, unless the Subject indicated. or the text suggests. that ther have heen used in a technical sense.” And “the presumption is in favor of the natural and poular meaninz in which the words are unjustly understood by the peonie/ who have adopted them”. (3 C. J. 705-706). It has been said that “in interpreta- tion fhe first impression made by a | writing is an impo cause the writing is then being tested in the same manner that the writer expected and in the same manner that the writer prepared the writing to be, It Has also been said- that “it is gen- It Will be noticed that it is provided | erally e to reject an intrepretation that does not naturally suggest itself to the mond of the casual reader, but is rather the result of a laborious. ef- fort, to extract from a statue a mean- i ‘e Coal Co, T57,,.10 CC, AL at vs.MucDougal, 162 Fed. $31, 340, What Is a Majority? What is the first impression made by the words, “a majority of-all the legal votes cast at such general election ” What is naturally ‘suggested to“ the mind thereby? What did the people of this. state understand those words to'mean at the time they adopted’ the umendment containing the phrase? Is there any serious doubt as to how these) questions showld be answered? I think not, The words are not teghni- cal.” They are words of common and | ordinary use. Their uterance prompt- ly conveyed, and sconveys, “a certain idea to the popular mind. Aid there is room for argument us to the mean- ing generally attributed to them by the peuple of this state. — It is undeniable that the phrase, “a majority of all the }legal votes cast at such general elec- tion,” was uniformly — understood throughout.the state to mean a majori- ty of the votes cast by all the legal vot- ers who participated in such general election. No one ever asserted that the phrase had any other meaning un- til after the election in 1918, During the campaign preceding the election those opposed to, as well as those iu favor of, the amendments were of the same mind. For instance, the Repub- lican State Central Committee, ( had endorsed the amendments), iss a pamphlet entitled, “The Truth about the Constitutional Ameridments,” In this pamphlet (page 15), it is suid: “In order to carry. the constitutional umendwments must,have-a majority of all votes cast, so that the citizen who does not vote at ull on these measures ! if the people shall approve and ratify | (Peo. vs, N.Y. CentiR. Coy24 N.Y. ‘Yl umendment embodied on. i dowhtless | ! posed in subdivis it must be: words in legal and constitutional his-{ is helping defeat: them as anuch as the ents to the same effect appeared in contended — that the | meantowhat the majority members now jhold that it means. Of course, it is | true, this is not evidence of the inten- {tion of:the framers or pr: posers of the | provision under censidertion, but it itents to show the meaning or uni‘orm- ‘ly attributed thereto by the people of | the state. ‘ phrase The Intent. |. But let us consider the intention of {those who framed, and proposed the in the second bdivision of section 202. Let us Lear'in mind the object of the second subdivision, and the situation which confronted the men who framed it, and the legislators who proposed it, There was then in existence oul ‘method of proposing constitu‘ | mendfnents, to-wit: the am : The second subdivision au wholly: different method of 'propositiz constitutional amendments. The first subdivision provides for “the proposal of constitutional amendments by the legislative assembly; the second pro- ments by initiative petition, An i amendment proposed under the first subdivision is proposed by the chosen representatives of the peopl It must receive the approval of two suc- cessive legislative assemblies before being submitted to the people. It is published as part of the proceedings of both legislative assemblies. It must also be published for three: months previous to the election of the mem- bers of the second assembly, so that the people may know that the mem- bers they are about to choose will be required to vote for or against the sub- mission of the proposed amendment. remains pending for a considerable length of time and much publicity and | opportunity for discussion is afforded, But an amendment proposed by initia- tive petitipn does not emanate from any representatives chosen by the peo- le, but from those who prepare, circn- late or sign such petition. No publict- ty is required before the petitions are "| normally, . They never force man who votes against them.” State-|* s for'the proposal of stich amend: |: - SATURDAY, MARCH 29, 1919 Naeee eee —————) QUICK RELIEF FROM CONSTIPATION Get Dr. Edwards’ Olive Tablets That is the joyful cry of thousands since Dr. Edwards produced Olive Tablets, the substitute for calomel. Dr. Edwards, a practicing physician for 17 years and calomel’s old-time enemy, discovered the formula for Olive Tablets while treating Datients, for con- stipation and torpid li Dr. Edwards’ Olive Tablets do not contain calomel, but a healing, soothing vegetable laxative. No griping is the “keynote” of these little. sugar-coated, olive-colored tablets. ~ They cause the bowels and liver to oct unnatural action. and a breath — a dull; tired feeling—sick headache—torpid liver and are constipated, you'll find quick, sure and only pleasant results from one or two lit- te Dr. Edwards’ Olive Tablets at bedtime. Thousands nigh! | justo keep right, "Rey them “Ide and to keep ry ‘ Just to keep Fight arugniste circulated or filed. The proposed amendment is submitted at the next general election, if the petition is filed with the secretary, of state‘at least six months prior thereto. The difference \between the two metiods of amending the constitution are self-evident. These differences were recognized by the men who framed, proposed and udopt- ed the scond subdivision, They estab- lished new standards and prescribed x different procedure for amendments proposed under the second: subdivision from those established and prescribed in the first subdivision. ~The first. subdivision ‘expressly authorizes the legislature to prescribe the time at, and the manner in,, which constitutionad amendments proposed by the legislative assembly shall be submitted. If the legislature destres, it may direct that such amendments shall be submitted at special election. But the second subdivision expressly provides that amendments proposed thereunder shall be submited at.a general election. The legislature is given unrestricted power to prescribe the notice to be given. pre- vious to an election at which an amend- ment proposed under/the first subdi- on is submitted to the electors for atification j sa matter of fact it p notice) but it ise ssly provided that an amendment proposed under the second subdivision shall be published for three months previous to the general elec- tion, at which it is submitted. Meant to Simolify. At the time the second subdivision of section 202 was framed, there \ two prevailing rules in this countr, te the number ‘of votes required to amendment. a constitutional us true today, quire only,a 2 upon, the others require the votes of. a majority of all the electors voting at the general election at, which, the amendment. is submitted . Our sister, state Minneso- ta has the latte Je, So has, many vther states. . (See. 12 C. J, 694). The former rule was. omitted. in. the first subdivision of section: 202:0f thé North Dakota: constitution. , If the men whe framed. and the legislators who propesed, ‘the second ratify That i subdivision intended to make the rule announced..in the first subdivision ‘ap- plicable to. amendments proposed under econd subdivision, there was’ no in finding suitable language s such intent. for There or ion to search The phrase ing such intent: was right before their eyes. Not only so, but the legislators whq proposed subdivision 2, séction 202 also proposed the constitutional amend- ment providing for the initiative and referendum statutes. (See. Chap 93 Laws 1911; Chap. 101, Laws 1913). And in this latter amendment it was provided in plain and unmistakable terms that statut submitied to the people for ratifi jon or rejection pursuant to initiative and referendum petitions shall require the. ap] of only a majority of ‘the vot upen the pariteular subject. If the men who framed and propose jthe second subdivision of section 202. ‘meant. to say that) a constitutional wmendment proposed thereunder should require only “a majority of all legal thereon.” why did they not They said xo in the petition ive to the initiative and referen latute It had already been subdivision of section Was satisfactory, ts proposed under that subdivision... No.change was proposed therein. But as to amendments pro- posed under the second subdivision it Wags specifically statgd that such a- mmendments must receive u majority of all the legal votes cast at such generai election.” This phrase was used ‘three different time. The words were not used. idly. There was a reason for their use. Th Was, also, 2 reason for the: repeted use stl phraseology. A. éon- delib- cast dum of said in the fir: 203... That rul to amendment: erate and solemn of country. — It affects every citizen. It ‘Continned on Page Six.) Me the Hours Pass the Coming by Uraws Nearer—Are “ No woman. ax patheriond chat using the ior ithout Plication, Ne Air amendment proposed by this method | uraiiy’ net onty ola; reat Nanay dlatresn ta re] pecan soft ont ae a from disfigure- to! Dearltela Remnlator Aomne L Bo danke Boag An, Cee