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

THE WEAN Generally F: C K TR THIRTY-NINTH YEAR. NO. 108. BISMARCK, N ORTH DAKOTA SATURDAY, MAY 10, 1919. / IBUNE [=] PRICE FIVE CENTS FRAZIER WOULD VIOLATE LAW IN ELECTION DATE Constitution Requires 30 Days for Publicity After Filing of Petitions HALL CALLS THE TURN Submits Authorities on Subject and Opinion From the At- torney General Contending that the governor can- not legally set North Dakota’s refer- endum election for June 26, as Fra- zier has announced his intention of doing, and suggesting that “if the de- sire really was to have the voter be- come familiar with the complete text of the bills it would seem that ‘the short time that remains’ should not be shortened,” Secretary of State Hall today threw a monkey-wrench into the machinery of Townley, Lemke et al with the following letter to Governor | Frazier: “Dear Sir:—My attention has been galled to an article in the Courier- News of May 9 stating that: . “‘Governor Lynn J. Frazier, taking cognizance of the fact that the peti- tions are, in circulation and likely will he filed, today announced that the ref- erendum election, should the’ petiti be, filed, will be held Thurgc 2 “You are‘further quoted'to | fect: ve “‘T have decided on a date for the referendum on the legislature’s acts early enough to invalidate the initia- tive petitions.’ Overlooked Something “It may be possible that you have overlooked that provision in Sec. 25 of the constitution, as amended, read- ing as follows: “In submitting measures to the electors, the secretary of state and all other officials shall be guided by the etection laws until additional legisla- tion shall be provided.’ * “Referendum ‘petitions may be filed | ;, with the secretary of state not later than ninety. days after:the adjourn- ment of the session of the legislature at which such measure was. enacted. (Sec, @5 of the constitution.), Sec. 969, compiled laws of 1913, requires the: secretary of state to transmit to each ‘county: audtior. blank forms for election returns at least thirty days before the date of the election. “Section 979 provides: ‘Whenever a proposed. canstitutional.amendment, or. other questién is to ‘be submitted to the: people of the state for popular votes,‘the secretary: of ‘state shall, ‘not Jess than thirty days before election, certify the same to the audtior of each ‘county:in the state; and the auditor of each county shall inelude, the same in the publication provided’ for in Sec. 975. It Can't Be Done “I do not see how this office can send out blanks and certificates until the time for filing petitions has ex-| pired, and if not sent until such time has expired, of course it is impossible ; to send them thirty days before the election, if the election is held June 26. | “I am in receipt of the following; opinion from the attorney general: “Your letter of May 1 to the attor-| ney general has been referred to me for consideration. You request opin- jon of this department upon the fol- Jowing questions: “'J>Do sections 969 and 967, C. L. 1913, apply to special elections held pursuant.to provisions of Sec. 25 of the constitution, as amended? «“«2_Ts the method of publication provided by Sec. 25 of the constitu- tion, as amended, exclusive, or‘should the measures be submitted to the peo-|- ple be published by the county audi- tors, pursuant to sections 975 and 979, C. L, 1913? “J have given this matter due con- sideration and am of the opinion that sections 969 and 979, C. L. 1913, do apply to special elections held pur- suant to the provisions of Sec. 25 of the constitution, as amended ,and that measures submitted to the vote of the people pursuant to said Sec. 25 should be published by the county audtiors pursuant to sections 975 and 979, C, L. 1913.° “(This opinion is based upon the following provisions of Sec. 25, as: amended, viz: ~ “dn submitting measures to the electors, the secretary of state and all other officials shall be guided by the election laws until additional leg- islation ‘shall be provided.’ “«C, S. HAINES, “ ‘Assistant Attorney General.’ Publicity. Is Commanded “Sec. 25 of the constitution also makes it the duty of the secretary of state to cause to be printed and mailed | } to each elector a publicity pamphlet] wn, containing a copy of each measure, together with the ballot title to be submitted at any election, “Jt will be impossible to print these pamphlets until the time for filing pe- titions has expired, May 30., If the election is held June 26, this will allow 26 days for the printing and distribu- tion of some 180,000 pamphlets and their study by the electors. “If the desire really was to have the voter become familiar with the com- plete text of the bills, it would seem that ‘the short time that remains’ would not be shortened. “A solution of the problems 'sug- gested will be appreciated. “THOMAS HALL, “Secretary of State.” ROBINSON BACK FROM VISIT TO FINE FARM Justice James E. Robinson of tne supreme court is back ‘from his big farm at Aberdeen, 8. D. where he VICTORY. -LOAN spent ten days communing with the cows and chickens, RARE BIRD IS DISCOVERED BY S. A. _OLSNESS There Breathes Man With Soul So Dead He Has to Himself Said, “Take It Away” Commissioner of Insurance Ols- ness solemnly avers that the dodo- bird isn't in it with a rare creature whom he ‘has just discovered. This: is a man who will not ac- cept a political appointment with a good salary attached to it. The position of hail adjuster for Stark county was tendered to a man who had been highly recommend- ed to the commissioner, and this letter came back: “Dear Sir:—lI received the let- ter from you about two weeks ago that | am appointed adjuster for the county. | don’t want that job. You can find somebody else for that. | don’t want to be no adjus: er, SO PLEASE DON'T BOTHER ME WITH THAT.” About 120 adjusters have been named to date. There are still a few positions to be filled before T. J. Sheahan, deputy ‘in charge of this department, makes public a- list of his appointments. NORTH DAKOTA THIRDONLOANS ATARI BANK Farmers Despite League Conten- tion Find It Easy to Get Accommodation - | TEXAS LEADS THE NATION / Washington, federal farm loan system is no wdoing about 15 per cent of all agricultural loan | business in the United States, A re-/ port of the farm loan board today at the conclusi of the second year of operation, shows that loans closed in the last twelye months amounted to $120,238,000.. The aggregate of farm made, public and private, is es- timated at about $800,000,000 annually. The Spokane district has, closed over $30,000,000 in loans amore than any other. The Omaha district over $28,000,000, By states Texas leads .with $22, 581,000, North Dakota is third with $14,006,00... ‘ is second with WITHIN HALF BILLION OF GOAL OFF SANDY HOOK, | Washington, May 10.—The de- stroyer Calhoun, the navy Victory ship, which is recording subscrip- tions to the Victory loan by the progress of her voyage from the Pacific coast to New York. an- chored off Sandy Hook at noon to- | day. The navy department an- nounced that the vessel was await: ing the announcement that. the loan had heen fully subscribed be- fore putting into the harbor. Signifying that the American | people have oversubscribed the fifth great fund—the Victory lib- erty loan—for financing the Unit- ed States’ war against Germany, the U. S. destroyer Calhoun en- tered New York harbor, the Vic- tory port, at 3 o'clock this after- noon, Washington, D. C., May 10,—Offt- cial subscriptions to the Victory loan shortly before noon today approximat- ed $2,500,000. “Reports of unreport- ed subscriptions indicated that the county’s total was greatly above the official showing,” said the treasury de- partment. * ' The success of the last popular. American war loan was in the balance today. Up to a late hour tonight the banks will accept subscriptions and then it will take ten days to report their sales. The degree of success will not be known until some time af- ter May 20, when each bey is re- quired to render an accounting. Although there were no official pre- diction or estimates, there were many indications toda hat the Vie- loan had successfully — passed “over the top” if it had not been ac: tually overscribed. Allotments and subscriptions by states as reported to Washington fol- Allotment. $ 92,000,000 Subs. Michigan (that part in 9th district .... 4,500,000 5,573,000 Wis (that part in. 9th district 9,000,000 10,690,000 Unassigned sub- subscriptions entae $157. NINTH OVER TOP. Minneapolis, Minn., May 10.—Chair- man A. R. Rogers, of the Victory loan campaign in the Ninth federal reserve district announced today that the dis- trict has officially oversubscribed its quota of $157,500,000 by $7,500,000. Every state in the district went over the top, he said NO CHANGE IN PLAN. Washington, D. C., May 10.—There has been no change in the war depart- ment’s plans for withdrawing men from Northern Russia, General March announced today, and it is expected Total TO MOTHER! Tomorrow: is Mother's own day! ‘That is why there is such a se throughts on face: That is why every passer-by wi carnation for Mother who is bug a for the Mother whose living. prqsence On many days we pay homage wisdom, purity, faithfulness and lov and do honor. to their dearest inear Mother's Day is just what it .sh festival to be celebrated. in our hear self, it has nothing to do with band the way she would like memory or for her sake--by doiiy s for someone she loved. * st Isv’'t4t_a pleasdnt thing to thik. that w by wearing a flower, by, going to ¢ THIS IS HER DAY! young and old--it i 5 Lie of tender happiness in the spring the day sacred to Mother, his flower for Mother—a white beloved memory—a’ gay red blossom us still. « p hlesst to heroism, patriotism, self-sacrifice, e, On this day let us group tliew all natiGn—to ‘Mother, : hould be,.a-dear, intimate and: homey rty and our homes, . Like Mother her- Is and bamners: and great proc in remembering and ‘loving -her, aud in her ome quiet act of kindness, for her, or commemorate Mother's Day doing and thinklng kindly rhureh, tings! The very manner of our observance .expresses Mother—her love of beauty, her pure, quiet. devotion to.Géd_ and His work, yer simplicity, her eternal.dedication-of-hesselt turkindty, gentle servicedpnithbrss 1 . ' However. many: millions. of lips muy frame; the word, however many thousands of differing mental visions.may rise in our heurts at the name it is always the same Mother! This woman in the calico gown, the silk dress—calllig, calling to us-from the cottage, the farmhoust —is always Mother, with the same tender he elty home yes, the while hair, the gentle face and worn. hands tired with their labors for ts—always Mother with the dauutles always the ine" Mother. oul, the uplifted spirit—the deep love! Many: forms—bui |Tomorrow on her own day—how like her it is—Mother contrives to make the: yery: time that we set aside to‘pay her honor—a time that honors and blewes ‘Hot her, but us! We would honor her, by remembering her love ‘eevive a new vision of love we { s, and straightway in ou ie served olye to that/we 3 0 and are lifted up by the fuith; her gentle goodn desire’ for good is lighted from the s' For true Day—and that is—to be more Like CAPITAL CITY. MEN TO ADDRESS STATE MEDICAL SOCIETY Drs. E. P. Quain and V. J. La- Rose Given Prominent Places on Program Grand Forks, N. D., May 10.—Mem- bers of the North Dakota Medical as- sociation will hold their annual con- vention in Grand Forks June 24 and 25, according to announcement given out last night by Dr. H. £. French, chairman of the local committee on arrangements. Dr. W. A. Evans, conductor of the Chicago Tribune public health col- umn .and well known over the coun- try for hig writings and talks on pub- lic health questions, will be present at the convention and on. the evening of June 24 will deliver an address on a public health question for the pub- lic as well as the medical men. It will probably be given at tae city aud- itorium. 150 Coming. Approximately 150 medice! men will’ come to Grand Forks for this convention, it is,estimated. Many of them will‘no doubt bring their wives In addition to the tweiay program of papers a banquet to be given an the night of June 24 has been plan- ned, and there will probably be a number of other social times arranged | for later, Rodda of Minneapolis, known from his work with children's diseases} is another outside speaker scheduled on the program. Prominent Speakers.. Dr. 0. Bjornson of Winnipeg, Dr. Michelson of, Minneapolis; -Dr. N. C. Callander, aFrgo; Dr. Martin Rind- laub, Fargo; Dr. A. F. Bratrud, Grand Forks; Dr. Sihler, Devils Lake; Dr. #.P. Quain, Bismarck; Dr. V. J La Rose, Bismarck; Dr. Goldseth, Jamestown; and possibly a few oth- ers, are tue speakers to be on the program as it is ‘thus far arranged, Dr. E. A.>Pray of Valley City, is the president of the medical associa- Dr. F. C all of the troops will be out by Sep- tember, tion for this year. Dr. H. J. Rowe.of Casselton, is the secretary. and in our and from her spirit must give; we recall her unnumbered ur hearts there springs up her demand we think of her infinite putience "5 r her purity, her the torcht of unquenchable soul, US;, teady flame of he ns and daughters there is but one way to honor Mother's Mother! NEWFOUNDLAND IS ALWAYS. IN ON CROSS-OCEAN STUNTS N. E. A. Special to The Tribune. St. Johns, May ‘9.—Newfoundland, for the fourth time, is to be one of the connecting “links between the old world and the new. Earliest discover- ers of America landed on the New foundland coast, the first Atlantic ca- ble. was laid with Newfoundland as a terminal, Marconi sent his first wire- less message from Signal Hill, St. Johns, and now the first transatlantic flight seems about to start from New- foundland. so Aymar Embury Ib, is 38, born in | Englewood, N. J., the original home of the Dutch colonial style of house | which he has made famous, and: has just left France, where he was a cap: 1. in the camouflage corps, being attached to Company B of the 40th En- gineers. He was at the front from May, (918, until the signing of the jarmistice, and was engaged in cam- ouflaging batteries of our’ big guns. After the signing of the arinistice he helped the Y. M. CG. A. in France with the establishment of their archi- tecture course for Yanks remaining there in the rmy of Occupation, Embury’s first work to. bring him fame was his adaptation for American usage in the Dutch colonial farmhou: from (Holland who settled there, It was quickly recognized as being eco- nemical. beautiful, distinctive and comfortable. Its vogue has spread all over sthesUnited States and into Bu- rope. Indeed; Embury is recognized as the man who has most affected small house architecture in this generation. In addition to building small houses, which he prefers to do, he has built alrge homes for some famous men, in- cluding a wonderful Italian villa at Bedford - Hills, N. Y., for Rupert Hughes, the writer, and a great man- sion at Oyster ‘Bay for William Loeb, built in New Jersey by the farmers | OPINIONS SEEM DIVIDED AS 10 FRAZIER ACTION No Great Stir One Way or Another Created by Bomb Sprung by Chief Executive ONE ELECTION TO SETTLE Belief General That Referendum on League Measures Will Be Finally Conclusive jovernor Frazier’s action in declar- ing that he will not combine a reter- endum with an initiative election and that if referendum petitions are filed within the time specitied by the con- stitution he will call a referendum election for June 26, which would be too carly to permit the electors to vote at the same time on measures initiat- ed by the Independent Voters’ asso- ciation, does not appear to have prov- en 'the bom) shell which might have been expected. ‘There was comparatively little com- ment on the subject at the state house yesterday. The opinion seemed to prevail that in calling a referendum election Lor June 26, 12 days ahead of the date specified in the initiative petitions filed with the secretary of state several weeks ago, the chief executive would be well within his rights. There is a question, however, as to whether the governor is not obli- gated by the petitions filed for the in- itiation of four measures to call a sec- ond election for July 8, the date speci- fied in thése petitions. The amendment to the constitution initiated by the league at last fall’s election and adopted by the. people provides that “eaci measure initiated by the electors shall be voted upon at any state-wide election designated in the petition ,or at a special elec- tion called by the governor.” Legal authorities contend that the term “state-wide election” does not mean that it shall necessarily be a reg- ular election, but that any ‘special election on the date specified may be state-wide... There is ‘a division of opinion as to the logic of the govert- or’s stand that the necessity for vot- ing upon both initiative ‘and -referen- dum measures in one election would confuse the voters. There‘seem, how- ever, to be no very decided opinions one ‘way-or the’ other. “The governor hag raised an imer- esting question,” said ‘one prominent league official, to whom the chief ex- ecutive’s' action seemed to havé come as a‘surprise. “lL am inclined to be- lieve after reading his statement that he is in che ifenes * Yvatso belleve; however, that an interesting law suit will result from'the stand he has taken.” On the part of the independent fac tion there seems to be an inclination to let the ‘‘tail go with the hide.” In other words, they contend that if the measures referred are approved in the special election of June 26, there will be no reason for calling a, <pecial elec- tion to vote on the initiated measures, and on the other hand, that if they are approved, an election on the initiated measures would be superfluous. BEULAH COAL Co. IS BOUND OVER Through a misunderstanding the Beulah Coal Co. was not represented at its preliminary hearing in Hazen on a charge of violating the mine in- spection act by failing to provide suf- ficient ventilation and escapements for its men, and on motion of Assist- ant Attorney General A. E. Sheets, conducting the prosecution, the com- pany was bound over to appear in dis: trict court at the next term in Stan- ton. IN SAMOA IS DUG UP N. E. A. Special to The Tribune. Sydney, May 9.—America is recover- ing buried treasures in Samoa. Offi- cialg of the German Commercial Plan- tation Company buried currency be- longing to the company just before it was taken over by the government and $3,000 of this money has been dug up. It will be sent to the alien en- emy property custodian. The search is continuing. a ABOUT AYMAR EMBURY II, THE FAMOUS ARCHITECT WHOIS DRAWING THESE HOUSE PLANS FOR YOU AYMAR EMBURY IL. Jr. He is a graduate of Princeton, a fellow of the American Institute of rehitects, and author of “The Livable House,” “One Hundred Country Hous- es,” “Early Americay Churches,” and countless magazine articles on build- ng. plist. [LANGER TO MAKE MEMORIAL DAY TALK AT RYDER Attorney General Wiliam Langer has been invited by the Women’s Christian Temperance union to deliver the Memorial day address at a joint ‘observance of the day to be held May 30 at Ryder by citizens of the Doug- las, Plaza, Makoti, Rose Glen, Raub, ' Hidden Wood and Ryder communities. ! It will be a farmer congregation, com- posed principally of leaguers, who by their invitation to the attorney gen- eral have endorsed his stand for hon- esty in the administration of league and state affairs. PROGRESS 10 DAYLIGHT MUST BE GRADUAL President Wilson Says Glory of Emancipation Reached Through Twilight HE COUNSELS PATIENCE International Law Should Be Vitalized by Moral Re- sponsibility Paris, Friday, May 9.—In a brief speech at a dinner last night Presi- dent Wilson touched on the role of in- ternational law in the development of new order of things. “One of tne things that has dis- turbed me in the recent months, is the unqualified hope that men had en- tertained everywhere of the immedi- ate emancipation from things that have happened. You cannot in the hu- man experience rush into the light; you have to go into the twilight and into the broadening day before noon comes. We have to see to it that those hopes are not disappointed, by showing the processes of law by which they can be realized. “The intelligent development of in- ternational law will be one of the things of most consequence to men in the future. If we can now give to in- ternational law the kind of vitality it can have only if it is real expression} of our moral judgment, we shall nave completed in some sense the work which this war was intended to em; phasize.”” The president concluded: “In a sense, the old international law is played out. The tuture of man- kind depends more upon the relations of nations to one another than the selfish _ development: of the national systems law." +p ite "" AEROPLANES 60: START FLIGHT One Forced to Return Putting Into Halifax to Repair Propellor Halifax, May 10.—The American naval hydroairplanes NC1 and NC3 started at 9 this morning for Tre- passy, Newfoundland, whence they will attempt a trans-Oceanic flight. The giant planes set out without preliminary flights, satisfactory mo- tor atid propeller tests having been made last night. The people of Hali- fax, many of whom witnessed the spectacle when the lighted planes sailed over the harbor and city in the moonlight, were out in large num- bers to watch the start for Newfound- land, a distance of 460 miles. The avi- ators’ plans call for a start from New- foundland in about a week. By tis time it was expected that the NC4 forced to descend at Chatham, Mass., would reach the Newfoundland base, so as to participate in the ocean cruise. The American airplane NC-3, by propellor trouble to return here after cruising’ fifty miles on the flight to Newoundland, made a fresh strat at 1 5 TO REPLACE PROPELLER. Washington, D. C., May 10.—Return of the naval plane NC to Halifax an hour after it had departed from Tre- passy, Newfoundland, was reported to Washington this morning. The dis- patch said the plane would replace a propeller and start. again at noon. FLY! Low. Lewisburg, Nova Scotia, May 10.— The NC3, flying low, passed this point at 3:18 p. m. en route to Newfound- land. The plane had flown 195 miles from Halifax in 163 minutes. MACARTHUR HEADS WEST POINT SCHOOL forced Washington, May Appointment of Brigadier General MacArthur, for- rigade commander in the Rain- superintendent. of the West Point Mili announced today by neral March, chief of staff General MacArthur will assume his duties June 12, reliev ing Brigadier General Samuel 'Till- man, who will return to the retired | udemy was TO REACH PARIS WEDNESDAY. Paris, May 10.—The Austrian peace delegates will leave Vienna Monday and probably reach Paris Wednesday. Previous advices had indicated the INPRACTICABLE PEACE VERDICT OF GERMANS President Ebert Scores Terms in Proclamation to Empire TO MAKE PROPOSAL National Assembly Called to Meet at Berlin Monday to Consider Terms REFUSES INTERVIEW. Paris, May 10—Count Von \Brockdorff-Rantzau, the German foreign minister, tried to obtain a personal interview with President Wilson Friday but was refused, according to the Intransigeant. (BY ASSOCIATED PRESS) Germany, protesting that the terms of peace are “unbearable” and “im- practicable” will make a counter pro- posal for “a peace of right on the ba- sis of a lasting peace of the nations.” This, says a proclamation to the German people, issued by President Ebert. The German national assembly has > been called to meet in Berlin Monday, and it is probable formal considera- tion of the peace terms will begin to- night. Advices from Paris indicate that a definite settlement of the ques- tion raised by Italy and Jugo-Slavia over the disposition of Fiume has not been reached. It is said the lan adopted for the government of the Saar region, which for 15 years prior to a plebescite will be administered by a committee of the league of na- tions, is being considered by.a coun- sidered by a council of four in the case of Fiume. Counsellor Reimer to Receive Terms Counsellor Reimer of German-Aus- tria will be a member of the delega- tion which will receive the peace terms offered his country. He indicated in accepting the appointment to bea delegate that he had given up hopes of a union between Germany and Ger- man-Austria. k It is indicated in Paris that’ China will refuse to'sign the treaty unless’ a written assurance is given that Japan will restore to China, Shangtung’and Kai Chau. It is understood that President. Wil- gon on the question of an’ agreement from America to send troops to France if that country is attacked by Germany will merely submit. to congress. the lotter-contuining. the proposal, Wheth- er the treaty is entered into, will de- pend upon the senate. } ; t WEEKS DELAY Paris, May 10.—President Wilson ing would be heard trom. the German 'plenipotentiaries for about a week,/ The German delegates worked nearly the whole night in preparing’ counter propositions. STILL STANDS FIRM Washington, May 10.—Reports from Paris to the effect that President Wilson had agreed to settle the Fiume dispute by giving that port to Italy after 1923 were said. at the White House today to be “absolute fiction.” It was said today the président had not deviated an iota from his original stand. . i Other dispatches from: Paris said the president would personally ad- dress congress and discuss the whole subject matter of the Paris negotia- tions immediately after his ret to the United States. It is understood that the president is being urged by his advisers to make a.ppeaking tour over the country after he addresses congress. HALF TROOPS HOME hes Paris, May 10.—Half of the Ameri- can expeditionary force is either back in America or on its way there, ac- cording to the Stars and Stripes, the official publication of the American army in France. “Tt is certain with over 900,000 al- ready in the United States and a mil- lion still in Europe on May 4, the half-way mile stone was reached to- - day,” the newspaper says. “Reliable, if unofficial cables from Washington, state that President Wil- son and the war department are plan- ning to return the army of occupation between the signing of peace and September 1.” CAPT KAISER VETTER IN TOWER. London, Friday, May 9—The sub- marine commander who js confined in the ‘tower of London after being brought to this city from Spain, is said to be Capt. Kaiser Vetter, and it is be- lieved he was in command of the U- boat which torpedoed the British chan- nel steamer Sussex, aMrch 24, 1916. There were 30 American passengers. on board the boat at the, time. AT LIBERTY TO RETURN, Paris, May 10.—The German peace plenipotentiaries are at perfect lib- erty to return to Berlin and consult their government, if they desire to do so, it is reported in conference cir- cles. Such a move if made would not mean the breaking off of negotiations, DECIDE UPON NOTE, Paris, May 10.—The German cabi- net council has decided on the word- ing of a note that eGrmany will pre- sent without delay to the allies, ac- cording to a Zurich dispatch. The note it is added may be made puvlic today. SOVIETS PANIC STRICKEN. Paris, May 10.—The soviets of Buda Pest are panic stricken because of the narrowing line which is being drawn by the Roumanian armies and by cotin- ter revolutions in various parts of Hungary. Bela Kun has visited Dr. Philip M. Brown, American representa- tive in Hungary, and asked if Mr. Austrian delegation was expected to reach Paris Monday. Brown would guarantee the safety of himself, his wife and their child,