The Bismarck Tribune Newspaper, May 10, 1919, Page 4

PAGE 4, ‘BISMARCK DAILY TRIBU AY 10, 1919. SATURDAY, THF BISMARCK TRIBUNE Entered t the Postoffice, Bismarck, N. D., as Second Class Matter. GEORGE D.MANN - - - - -__Séditor ae G. LOGAN PAYNE COMPANY, NEW .UKh, Fifth Ave. sidg; CHICAGO, Marquette Bldg.; BOSTON, 3 Wint.. St; DETROIT, Kresege idg.; MINNEAPOLI:, 310 Lumber Lxchange, — MW wMBER OF ASSOCIATED PRESS 7 The Assuciated Press is ¢.clusively entitled to the use ~ waaen oF all news lited to it or not otherwise in this paper and «iso the local news published wits of publication of special dispatches hereim are UIT BUREAU OF CIRCULATION 1ON RATES PAYABLE IN ADVANCE sl. Dail, by carrier per year .ssssseereevee BUH ily by mail per year (In Bismarck) ..... a paild by mail per year (In state outside of Bismarck) 5.00 Daily by mail outside of North Dakota .....+>+»+++ 6.00 ITATE’S OLDEST NEWSPAPER. ae (Established 1873) <B> = = IF YOU ARE GOING TO BUILD YOUR OWN HOME— , A great American architect was in the habit of using this expression to his clients and students— “The inharmonious distribution of expendi- ture!” ' When asked for his meaning, he explained that he once stopped in a hotel with a white marble “grand” stairway, the posts and ballusters of which were elaborately carved. To one side this stairway was the cheapest type of passenger ele- vator that most of the time did not run by reason tion several of the measures passed by the legisla- ture. They have openly said go and are indus- triously fighting these pernicious measures. Now they are styled as dubs, ete. This is not at's, ument but abuse, but then A. C. is noted for hia strong language on every occasion where he is crossed in any deal he wishes to put over. He has come to believe that the people of North Dakota are going to stand for his high taxation program, his com- plet dictatorship, without a protest, but he is beginning to find out at this time that the people have a mind, too, and are going to figure out somé of these problems for themselves and those they do not approve of they are going to oppose. There is great unrest all over the state over the work of the legislature and the people are showing a dis- position to find out what is doing by signing’ the referendum petitions. Pitiless publicity is what President Wilson always advocated as the proper method of awakening public conscience. Three years ago Mr. Townley and his advisers wanted this, too, and wanted the referendum. Now they have changed their minds, and want the whole program buried in the musty past—they fear the light of public scrutiny and are bending every ef- fort to defeat the referendum. When any thing is important as some of those bills passed at Bis- marck are being covered up you can rest assured that there is “a nigger in the woodpile,” some- where. We are pleased that Mr. Langer and others have the courage of their convictions and are not afraid to speak out in meeting despite the epithets of its being out of order. The architect went on to explain that it would have been a more harmonious distribution of ex- penditure to have spent less on elaborate marble carving and more on the elevator. * + * There is going: to be a‘lot of home building within the next few yeai's, and this principle of the inharmonious distribution of expenditure will apply to the frame dwelling quite as well as the commercial structure. In our home building of the past we have sac- rificed much in the way of comfort and conveni- ence for mere bigness and useless elaboration. But we are learning, for instance, that a chick- en will cook just as well with the kitchen table or sink along side and next to the range rather than on the other side of a 16-foot room. ; The modern kitchen is small, very much in the nature of a laboratory, and is being-designed to. of the big boss and his paid hired men:—Valley. City Times-Record. THE UNFAIRNESS OF FRAZIER Mr. Frazier—“our governor”—has never been considered a big man, not even by his closest friends. He was not picked by the Townleyites on account of his ability. He had tad no official experience when he was sclected. His friends, however, have early and often proclaimed that he was eminently fair in all his actions. This claim has been repeatedly contradicted by his political opponents, who have not been slow in citing in- stances in support of their stand. However, the last case cited against Frazier shows him to be more unfair and a man of smaller calibre than even his most bitter opponents have heretofore charged him with being. The instance referred to has to do with the publication of a pamphlet by the state. The pamphlet contains’ GENERALS AND j ~ MOTHER GENS A TELE BY MRS. ROBERT C. MORRIS. { National President of the War Moth-! ers of America. Two years ago, when May brought again that tender anniversary of Mothers’s Day, millions of America: mothers were searcing their hearts for courage and faith to send stalwart sons away witha smile. Measured ky emotions, experiences, and reconstruction of our lives we liv- ed a lifetime ina year. Then came Mother's Day, 1918, and AW, ComE ON ma! We'LL Miss THE BAND AND THE EVERY Tune! CAL WWST AS SHE 18 To START ~ DOWN “TOWN WITH NORMAN ‘To SEE THE. SOLDIERS COME NONE ie TOMORROW IS MOTHER'S DAY ——————_n THE GREAT AMERICAN HOME YouP- WHAT Cha have? MioniGhy BLE serce - Jusr PRONE. AZ 2 “THE WHOLE WORLD WANTS MOTHERING!” not forget the gracious day set apart for her honor, Now Mother's Day returns again. and with it the promise . of world peace to heal the wounds of war. ‘Many and many happy home doors have opened to receive again the boys returning, safely home from the wars, and thousands more are looking tor- ward to joyous home-comings. But already the door of every real home has opened to welcome in spirit the invisible army or heroes whose OW, HELLO THERE FLORA, HOW ARE How 1s IT TRimmeD? on A I'M GETTING A NEW ONE To2~ ABLE SS BEEN DONG - on YoU ! PL Ber 17's pretry- A MINUTE FLORA PLEASE- NoRMAN WiLt You KEEP QUIET UNTIL \'VE FINISHED years American women have known suspense, service, sacrifice and hope. All these things are molded now into a great love. Our own firesides used to be big enough to embrace our fam- ily of loved ones. Now we hold out our arms to friend- less, homeless children, anywhere, | eevrywhere. The truth that nas come home to us since that epochal Mother's Day two years ago is that the whoe world wants mothering! s enmmerated in Sub- C. 1, 1913, unless: the or representatives enun division 5, of Section «=! such § ice is ineffectual : , erson pd at the time of such serv- ie ate, doing bust- ice Wi within the s a tor such corporation, And where it is sought to make service upon a foreign corporation under ubdivision 6 of said section, the + jee is not binding upon the corporation unless the person served itt the time of sery- und within this state act ice we t Jing as the agent of such corporation. Service of proc sed to repr either as its fi ver prior to the bringing of the suit is not service upon such corporation. 4, Where a motion is made to set aside the of a summons, the Feourt has power to re-open the hearing after it has announced its intention to den, It also has power toy ng tion and to enter to set aside such se } 5. Ana ipose of obj 1 of the court over a foreign corporation round that the person upon ny doing: business on the whom service has been made was not authorized to recely a special apy not waive man order of the District Court of Ward County, Leighton, Judge, plafntif! appeals. | Affirmed, (Robinson J., concurs 8) cially. Bronson J., did) not part pate. Opinion of the Court by Chri tianson, Ch. J. Grace, J., concurs in result. W, H. Sibbald, of Minot, N. D., attorney for Appellant. x Murphy, of Minot, N. D., attorney Respondent. FROM W PD COUNTY. J. Semple, Plaintiff and Appellant, vs: G, Roy Ringo, Defendant and Respon- dent, Syllabus: Tn surg tion of anesthetic is anes: of the operation, for whic surgeon is commonly paid a good round fee, th includes the minor fee of an tunt. When he employs an as- tant, the presumption is that he agrees to pay him, unless the contrary appears from express words or condi- the proper adminjstra- intial part ; tions. | Appeal from the County Court of ; Ward County; Hon, Wm, Murray, Judge Reversed and new trial ordered. Opinion of the court by Robinson, J. Bronson J. and Grace J., concur lin the result, Christianson, Ch. J., dis- sents. A.M. Thompson (Greene & Steener- son, of Counsel), Minot, attorneys for Appellant. { Palda & Aaker, Minot, Attorneys for Respondent. SCANDINAVIAN FOUNDATION’S “ » several of the’ most important measures passed | And that is the service to which bodies lie‘ somewhere’ in France, " ern factory. “Wetare learning that itis better ‘ave'steps and motions as in the case of the mod- ‘to expend the ‘cost’ of tower's; dormers, elaborate gable fronts and beveled glass windows in more and better plumbing, heating and the general utilities of a ta. dwelling, that it is the more harmonious distribu- tion of expenditure. 4 FINDING A NEW EXCUSE FOR FAILURE Naw’ that ‘the country; is going«dry,, there are many men. who will have trouble in: proving an alibi for their failure in life! F There are many drinking men in every com- munity who are clever, Jearned and even wise far above the average. ay 7] These have reached or are past middle life without being a success. ; : Drink is given as the reason for their failure without being a success. Drink is given as the reason for their failure by: their, friends, the community and frequently themselves, and even though they may drink less than some who are more in the way of success. These men seem to he complacent'in the excuse offered for them; their pridg is satisfied in spite of their lack of success. °'1'74/ This is not a justification for drink in any way, but we were just wondering: what excuse can now be offered after July 1 for:those of whom we now say—‘“What a success he would be if he didn’t drink.” How are these men going to prove an alibi? Possibly it will be easier for them to succeed than find a new excuse for failure. t NEW CLASSIFICATION The ages of man have been classified a great many times and in an equally large number of ways, but the one that appeals most to us follows. First was the Individualistic period. The time when the cave man went out with his club and conquered or killed all who crossed his path. « He | tolerated no one who was not stronger physically. Second, come those thousands of years in which | our policy was to “live and let live.” We didn’t kill or maim those who oppressed us.’ We ignored them. We allowed them to live. Third, the newer order of things that has come as a result of the war, the slogan of which is “live - and help others to live.” We have awakened to the fact that weaker na- tions and weaker men and women must be given a chance to work out their destinies along the stronger. Se WITH THE EDITORS TOWNLEY’S CONSISTENCY Attorney General Wiliam Langer is showing _ that ‘he is not afraid of the big boss and he is go- ing after that gentleman roughshod. Mr. Townley is resorting to his usual argument of branding people liars, thieves and other pet names instead of-preducing facts if they do not agree with them. Ny. Langer and three other state officials, while “gi... padiating ‘the league program, do not sanc-! by the last legislature and twenty thousand copies were printed. While it is printed and circulated at the state’s expense, those in power have ar- ranged to use tt for political propaganda. The title of the pamphlet is “The New Day in North Dako- ta.” No valid objection can be raised against the printing and distribution of the most. important laws in this manner. But an attempt is‘made to influence the reader in favor of the laws that are being referended by printing at: the top of each page the words, “a:few of the progressive meas- ures.” This, of; course;is nothing more or less than political propaganda. for the -Townleyites, paid for bythe people as a whole. However, the political propaganda referred to is not the most glaring instance of Frazier’s un- fairness. The state pamphlet in question contains the-constitutional amendments that were declared 'by our supreme court to have been carried at the last election; also the decision which declated them carried. Judge Birdzell wrote the court’s opinion and in which Judge Grace concurs. This decision is published in full. Judge Bronson, who concurred specially, wrote a very long opinion, giving his reasons for arriving at such a decision. His lengthy opinion is published in full. Judge Robinson never hides his light under a half bushel measure. He concurs specially and therefore gets into the game with an opinign which is also’ pub- lished in full. The chief justice of the North Da- kota supreme court. is Judge Christianson. He also handed down an opinion, in which he dissent- ed from the decision rendered by the other four judges. On such, an-important question as the constitutionality of the amendments voted on last fall, the various viewpoints of the five judges should be of interest to the people of the state. But it happens that Judge Christianson does not belong to Frazier’s political clique therefore he has no rights. While the state is paying for the print- ing and distribution of the three decisions rendered, by the other judges, Judge Christianson’s opinion is conspicuous by its absence. The reader will ask, how did this come about? Well it. came about because— : GOVERNOR FRAZIER FORBADE PUBLIC PRINTER JACOBSON TO INCLUDE JUDGE CHRISTIANSON’S OPINION. And this unfair and narrow minded attitude was taken by the man who iills the governor’s chair in North Dakota. Some more Townley Democracy. The Townleyized democracy calls for the read- ing of only one side of the question. In this par- | ticular case they wanted lots of the one side read, as they published not only Judge Birdzell’s court opinion, but also the opinions of the two judges who concurred specially. These were all pub- lished in full. But Judge Christianson, who is the chief justice, found the door closed in his face, so to speak. This same Lynn Frazier—“our governor’—is one of the few prominent officials— elective or ap- pointive—still standing by Townley. He not only stands by Townleyism. He practices it. He is Townleyized democracy personified. He is a small man. He is as unfair as his ability: per- mits him.to be—The Independent. an endless chain of cables, telegrams and letters sent, on the Second Sun- day in May, by the men in canton- ments and -overseas—that mother; back home might know..the. boys did CONFIDENCE MAN: REAPED'HARVEST OF $10,000,000 Chicago, Authorities Find That) 1918. Was Profitable Year for Sucker Catchers Chicago, May 8.—The American con- fidence man reaped a harvest of more than $10,000,000 last year, according to figures compiled by Chicago autiori- ties. This is the approximate amount actually collected trom the credulous’ public by professional confidence op-| erators and does not include the mil- lions gathered in annually by the vari- ous stockjobbing schemes, The crude devices:of the old time confidence man, with ‘his shell game, three card monte, gold brick, green goods, money changing .and lemon games, have given way to modern methods, more complex and more profitable. The really succéssful confidence men of today usually have summer and winter homes, ride in dimousines; and are aided by richly gowned wom- en, authorities say. They are educat- ed and far more clever than their brothers of old days, whose favorite trick in Chicago was’ to sell the Ma sonic temple to a “rube” for a small sum, or agree to make the building| “turn around.” Land selling schemes, peddling of worthless mine; and oil well stock,| wire tapping and “fake” sporting; events are now the hand maidens of) the modern confidence man, who matches wits with the banker, capital- ist and lawyer, instead of dealing wita the ignorant ruralite’ Nearly all the |,victims : of a Chicago * gang recently sent to the penitentiary were bank- ers and business men. The gang’s loot aggregated more than half a’ million dollars a year. Fear of. publicity keeps most vic- tims quiet, thus giving the high class} confidence man a certain degree of immunity, authorities say. They add that federal prosecution for using the mails to defraud has been a vig fac: tor in breaking up gangs and recently brought about conviction of half a dozen leading confidence workers. “Tom Brown, who’ came from De- troit and made his headquarters in New York, was father of the present type of confidence man,” said William) A’ Pinkerton, veteran detective, in striking a comparison between the ol: and new swindler. “He operated forty years ago.and formerly was a three) card monte man. He was known as a bunco steerer and won by fake lot’ery schemes and other crooked gam)ling __—$—$<—<—$——_——_—___—___—] Man’s. Trouble Arrested “The past-4 years I Have been g0- ing down, down, down, with catarrh of the stomach and had to.givé up work a year ago because of my weakened con- dition. suffered teneahly ont ae ing and colic attacks, ‘May: ‘onder: ful Remedy was recounientel to mé I took a course of it,and‘am now feel- ing fine.” It is le, sharmless preparation that removes the catarrh fs al mucus from the intestinal tract and allays the inflammation ‘which causes practically all stomach? liver and in- testinal ailments, including appendi- citis.. One dose willjcon¥itce or mon- ey. refunded. For sale by all drug- gists. Ex It is for us wuo live and love and remember to dedicate our lives to guarding the treasures they have’ pre- served at so high a cost.. In two devices. Then he invented. the gold brick with which he toured the coun- country. The green goods gahie came later and Brown had ‘many ‘imitators who picked up, thousands ‘annually. Wire tapping, and otiie¥ schemes now used developed from those old games. The modern ’ operators ‘don’t’. bother with small money and. often clean up $100,000 in a single deal’, The old timers thought $1,000 a big job. “Victims are not! really’ honest at heart, for they often enter into a scheme to cheat another fellow. The small town banker and *business. man has proved a shining mark for Swind- lers, They cannot risk their reputa- tions by complaining. It is surprising how many sirewd ousiness men fall into: the net.” Hi It is estimated that $3,000,000 ‘of the $10,000,000 total was obtained in Florida, where hundreds of confidence workers are said to operate, particu- larly among winter touri: | SUPREME COURT / ° 2 From Grand Forks County. Farmers Security Bank of Park River, North! Dakota, a corporation, plaintiff and respondent, vs. C. R. Verry and Hattie L. Verry, his wife, defendants and Appellants. Syllabus: : In this case it appears that during four years defendant, C,; R. Verry, was cashier of the bank. By neglect of duty and by wilfully’ permitting sev- eral accounts to be largely overdrawn , and by discounting and} receiviag many worthless fates, he became in- debted to the bank in the sum of about $9,000. To secure the same he and his wife made to the bank four deeds ot real property. At his request the deeds were not put on record for five days, and in the meantime Verry did not keep good faith with the bank, He, made to an insurance company a mort-' gage for $9,000, which was first re- corded, and the bank lost the security given by ‘three of the deeds. On the fourth deed the bank realized $2,700.26 and gave the cashier proper credit for the same, but his wife unjustly claims i the money on the ground that Verry i was not authorized to deliver the deeds except to secure some insurance notes, Appeal from the district court of . 'MOTHER’S DAY BY EDMUND God help us! that we hav Oné little day of feeble, flitting hours \ interest in the goods, | we pledge; ourselves in thankfulness for our dear sons who have returned to; us, in, the flesn, and, in reverent memory of those who. have returned ite us inispirit. Grand Forks ‘county; Hon. Chas. M. Cooley, Judge. n ‘Modified and affirmed.’ Opinion ‘of the court by Robinson, J., Grace and Bronson, J, did not participate, Hon. 'W. L: Nuessle, judge of Sixth judicial district; sitting in their. stead. W.:S. Lauder, Wahpeton, Attorneys | for Appellants. 28, Amith-Peterson, (deceased) Park River,’ and McIntyre & Burtness, Grand Forks, attorneys for respond- ent, FROM WARD. .COUNTY, W. L. Vannett, Plaintiff and Appel- lant, vs. Reilly-Herz Automobile Com- pany, Defendant, Scandinavian-Amer- ican National Bank, (‘Third Claimant), Respondent. Syllabu: 1. Where a party adopts a certain mode of procedure and induces the trial court to try and) determine cer- tain questions, he will not be heard to say on appeal? that the procedure Was erroneous, | 2. The endorsemeht and delivery of a Warehouseman’s negotiable — re ; by the original holder thereof, p: | the title to the goods covered by: suelt|* receipt to the endorsee, and thereafter’ the original holder has not attachable Appeal from Ward County, Felgh- udge. : Plaintiff appeals. Affirmed. Opinion of the Court by. .Christian- son, Ch. J. Grace, J.,. concurs in the SUTe, 4 Sibbald, of Minot, N.-Dak., r Appellant? , Wooledge & Lesk, of Mi- for Respondent, COUNTY. m Klover, Plainti and) Appel- lant, vs. Middlewest. Grain Compary, a corporation, and Ff. 'T. Hogy, De- fendant and Respondent. Syllabus: 1. A foreign corporation is amen- to enforce a personal bility, in the absence of consent, if it is doing business within the state in such manner and tosuch ex- s to warrant the inference that preserft} there, and has subjected f to the jurisdiction and laws of such state, 2. Where it sought to make sery- ice upon a foreign, corporation by de- livering process to one of the officers VANCE COOK e a Mother’s Day! party |) SCHOLARSHIPS Ten New Prizes ‘Offered Stu- dents by American-Swedish- Norwegian Institution New York, May 8—The American Scandinavian foundation announced here today the establishment of ten ming wif, the 2 for young tudents to com- plete their. general study and research in Sweden, in the — unive and technological schools there and under the direction of scientific specialists in industry. This plan, carrying out the avowed purpose of the foundation “to draw the American a ian peo- r in of intellectual el Robert oned to the: Dr. Henry God- y of the founda- ‘y to maintain heen pledged by o promote the interchange of scientific ‘knowledge between the two count and wish Sweden better to unde nerican ideals, Similarly,-funds a being raised in Sweden to send the Swedish students to the United States, Each rship will provide $1,000 for "s study, at tion of ‘subjects’ is nov strictly limited but the scholarships will he proportioned among those studies in’ which Swedish scienc fers ‘unusual advanta fhemist vall, Swedish comm United States, and dard Leach, reta i Funds _ nece nd Jumbering. Among the prominent institutions to vhich these students may go are the Universities of Lund and Upsala, which trace their traditions back to demiueval ages «the more recently . 1 Institutes off For try and Technology, By special ar. rangement there will be opportunity for study ) under such: scientists and indust directors as Svante Arrhenius, founder of the modern theory of electrolytic dissociation, and Dr. Hjalmar Landbohm, in charge of operations on the great irou mountains at Kiruna. : In view ,of the exceptional oppor- tunity offered’ by these | sch i the foundation considers it de that applicants be graduates of tech- nological schools or colleges or men of equivalent: practical ex} 2 Applications are to be acted upon by a committee made up in part by Captain Wiliam Hovgaard, chairman, professor of naval architecture at chusetts Institute of Technology ; t H. P. Talbot, head of the department of chemist at Massa- chusetts Instiute of Technology ,and Professor A. F, Kennelly, head of the department of cle 1 engineering éf Harvard uni There will also he jurors expe in_ inetallurgy and forestry enting Yale and Co- lumbia universit When we give gentle thoughts and fading flowers To her whose soul breathed breath into our clay! Today is Mother’s Day. What, to our sorrow, Shall be if Mother’s Day be not tomorrow? What shall become of children, and of men, If we must wait until another May ° Brings us remembrance of a Mother’s Day Whereto we spur our lagging hearts again? Did ever mother dole the days to us, Or haggle lest her love gave overplus? Today is Mother’s Day. So let it be; For every dawn which streaks the East with gray Brings to the world renewal of. Today. Tomorrow never is for you and me And each Today is Mother's, till the earth Wakes to a day which brings no pabe to birth! x. Application pa- pers must be filed with the committee before June 1 and announcement of the names of the successful candidates will be made about June 1 Apnli- hould reque: rom the Tribune Want Ads Bring Renulta —_—_—_— Buick Roadster For Sale In first class condition; one extra tire. $600 will take it. _ 0. KOBER Finney’s Drug Store ”