The Bismarck Tribune Newspaper, June 17, 1919, Page 4

THE BISMARCK TRIBUNE Entered at the Postoffice, Bismarck, N. D., as Second Class Matter, n ate ‘Kaitor GEORGE D.MANN - - - - Foreign Representatives G. LOGAN PAYNE COMPANY, - - - eage deouiny PAYNE, BURNS AND SMITH . £ NEW YORK, - - Fifth Ave, Bldg. MEMBER OF ASSOCIATED PRESS The Associated Press is exclusively entitled to the use for publication of all news credited to it or not otherwise ited in this paper and also the local news published herein. All rights of publication of special dispatches hereia are siso reserved. a MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE Daily by carrier per year seseceens$ ted Daily by mail per year (In Bismarck) ...... eveees 1.20 Daily by mail per year (In state outside of Bismarck) 6.00 Daily by mail outeide of North Dakota ......+.++++ 6.00 THE BTATE’S OLDEST NEWSPAPER, (Established 1878) <i> PUBLIC PLAY GROUND Three young lives were swept away in the Mis- souri river last evening and a community grieves for the parents of these boys. The tragedy brings home to the citizens, the necessity*for a public recreation center where boys and girls can swim without taking their lives in their hands. If Bismarck is to progress, something must be done to supervise and direct the youth in the hours of his recreation. As the city grows, the danger increases. The river on a hot day is a magnet to the young and healthy boy who seeks some outlet for his energy. * To deny the boys and girls a safe place to play means stilting growth and dwarfing youth. In the health of a city lies the happiness of its people. Bismarck should not delay longer in meeting this need. It should be a recreation center for all. This city met its war obligations manfully. It gave millions to the government in liberty bonds, war stamps, Red Cross and other war’ activities. There is no reason why the city cannot have a public swimming pool, a great outdoor park ‘main- tained by the city where boys can play under proper supervision, It should be a park for all seasoris.’ Summer sports and the diversions of winter should be available, and the stimulus to community develop- ment would bring the city big returns upon the investment. Such a recreation center should in no way con- flict, with the club venture of the Knights of Co- limbus. Probably they could be successfully joined and worked out together in a most har- monious fashion. : In the meantime,.the fathers and. mothers of the city should place a ban on swimming in the Missouri river. The sympathy of the community goes out to the parents in this hour of bereavement. These boys were manly fellows and leave behind them a host of friends, But the sad accident places a pressing responsibility on us all to prevent a repe- tition by affording some place of clean, safe play. MAKING THE MOST OF IT It is only natural that the socialists should make the most of Judge Amidon’s decision coming as it does upon the heels of the state decision rela- tive to the Bank of North ;Dakota bonds. But neither of these decisions should confuse the vot- ers of North Dakota. In themselves they form no endorsement of the wisdom of the league program. That stands in the same light before the voters of the state and it must go to judgment on.the same grounds. These decisions may give the soap box jazz politicians fresh inspiration, but they lie when they say that Judge Amidon’s decision endorses the program. : The Tribune has never raised the issue of the right of the farmer to engage in these enterprises, That is one for the courts under our state and federal constitution. There is no question where our state supreme court stands on any issue affect- ing the league program. It as endorsed the league bill of rights both in spirit. and in letter. Probably before the contest is over the principles involved in the federal suit may be brought before the United States supreme court. ' There is every reason why the people should study more closely the consequences involved in the referendum election, ° The state courts afford the People no redress on this issue. They have in effect said to the voters: You and you only are the “a _ of the. limits to which you desire to go Sine industry: and in stifling individual It is futile to rail at the courts, Whether “i i not they have passed.the buck to thé deat : p e, If the voter wants ‘to plunge head over eels into publie debt, the courts rule it is hi i MA ctecice 5 courts it is his busi- ause he must spay thetpiper. i pti Ha £ 4 f hs ‘. rahi pie who have learned that i ions has nothing to do with happiness, : Greeks who, landed. at a, few hundred Turks w . about self-determination, If a man devotes himself painstaki , 0 painstaking] ee of getting money, he may retdetis y the time his health bz iali aay ig ith breaks to pay a specialist to Smyrna‘had to kill off \ Sa Senator Chamberlain wiil introd i b luce a bill reform court martials, Our guess is that it ne provide for-the trial of a:private by a jury of his mT; peers. cr LV a “ : ibility. ho had ‘adical notions i 3 this time are final. No man can go to the polls WITH THE EDITORS —~ | THE FEDERAL TEST The federal district court for North Dakota, through Judge Amidon, presiding Judge, has dis- missed the suit brought by certain taxpayers of the state to restrain. the state government and its officials from carrying into effect legislation en- acted at the last session of the legislature for the establishment and operation by the state govern- ment of certain business utilities . The dismissal is based on the ground that the legislation to which objection is made does not constitute a vio- lation of the constitution of the United States as charged in the complaint. That there should be a popular tendency to confuse questions of legality with question of sound judgment is natural, and perhaps inevitable. .|The existence of this tendency is not new, and nearly two thousand years ago the apostle Paul thought it proper to remind those to whom he wrote that it is the part of good judgment to ab- stain from doing many things permitted by the law. “All things are lawful,” he wrote, “but all things are not expedient.” The point had been obscured in the discussion of purely legal phases of the issues involved. The complainants in this case maintained that by the operation of the legislation in question their interests would be injuriously affected, in direct violation. of the rights which are guaranteed to every citizen by the constitution of the United States. The complainants were represented by able counsel, The defendants also had legal assis- tance of unquestioned ability, including the attor-|t ney general of the state and assistants specially detailed to this work, and special counsel employed by the governor and certain of his immediate asso- ciates, The Herald is not informed as to what, if any, further legal steps are to be taken in this case, but it deems it proper at this time to call attention to certain facts, First, assuming the present decision to be final, it has no bearing on any question of constitution- ality which may later be submitted to the state courts. It is decided that the legislation in ques- tion does not violate the federal constitution. The constitution of the United States does not prohibit a state from proceeding as it has been proposed to proceed in this case. If the people of a state wish to build for themselves a terminal elevator, for instance, the constitution of the United States does not prohibit them from doing so. So it is with the other legislation complained of. Further questions of legality must be for the state courts, and not those of the nation. Second, the decision has no bearing on the wis- dom of the proposed policy. ‘An act may be the height of folly and yet be perfectly legal, The question there is one of judgment and not of law. The arguments which have been advanced against the business wisdom and political policy of the Socialistic legislation which our assembly has en- acted, and which is now before the people for their final verdict, is not, affected in any. way by this decision: If it is unsafe and unwise to place unlimited power ‘in the hands of.the governor thru an\industrial commission of which he is the dic- tator,.to establish a monopoly of publicity for political purposes, or to merge control of criminals and the insane with the education of normal chil- dren in the hands of a single board, that fact is not changed by the legality of such acts under the federal constitution. . Third, there is no connection between this suit and the submission of the seven bills under the referendum law. The complainants in the legal action are citizens of the state and of the United States. They have exercised the right possesed by all individuals to appeal to the courts for inter- pretation of laws affecting them, and for the pro- tection of their legitimate interests. Some—pos- sibly all—of the complainants have signed peti- tions calling for the ‘referendum on these bills. Again, they were exercising their undisputed right under the law, and are not to be criticized for so doing. But their action was personal, individual, and entirely distinct from the general movement for the reference of the bills. Lastly, the seven bills are before the people, not on the basis of their legality, but on that of their sound policy, a matter with which the courts have no concern. The court decision removed from the situation one element of uncertainty. The federal courts, if this decision remains permanent, will not interfere with the operation of these laws if they go into effect. Concerning most of the matters involved there is a pretty clear under- standing as to what will be the attitude of the state supreme court should appeal be made to it. The court is on record in a sufficient number of cages to warrant the assurance that North Dakota decisions would sustain all of these bills, There is, therefore, placed upon the voter who goes to the polls on June 26 the weighty responsibility of the knowledge that except in some rare cases, the votes cast by himself and his fellow citizens at and cast his vote negligently or thoughtlessly, ex- cusing himself on the ground that dangerous and questionable provisions in the laws will be elimi- nated by the courts. The courts have already. spoken, and, t§ all intents and purposes, have washed their hands of the whole matter. It re- mains for the people themselves to take action which will be definite and final, and no voter in North:Dakota 2an escape his share of the respon- Forks Herald. BISMARCK DAILY TRIBUNE. - GARNER DOUBTS MISSING LINK LIVES; TUESDAY, JUNE 17, 1919. THINKS HE’S FOUND NEAREST RELATIVE Scientist Who “Canned” Ape Talk Says Beast Just Found in African Jungle Is One He’s Hunted 20 Years, Skeleton. Brought to America Most Resembles Human Race of Any Yet Discovered in Ani- mal World. By J. H. DUCKWORTH N. E. A. Staff Correspondent New York—Prof, R. L. Garner does not believe that the “missing link” lives, But Prof. Garner believes that he found the nearest thing to it on his recent explorations of the West Afri- can jungles, Ne He brought back the skin, skeleton and vital organs of the beast, which he was unable to capture alive, that American scientists might determine just how close is its relation to man and to the monkey world. “This chimpanzee, before now un- known to science, is quite unlike any other chimpanzee ever seen in a mu- seum or a 200,” says the professor. “It is something between a gorilla and a chimpanzee. It is perhaps more like a gorilla than a chimpanzee. But its most remarkable characteristics are its ears and hands, which are more human-like than are those of either the gorilla or the chimpanzee. “T think this is the animal I have been hunting for for 20 years. It has never before been seen by a white man, I first heard of it from a mis- sionary priest and later a Senegalese soldier, who had seen it, described it o me. “When I started out for the Smith- sonian Museum nearly three years ago on a hunt for specimens I meant to get this fellow. “Luckily we got him, thanks to the good shooting eye of my taxidermist, Aschemeier, who had never handled a before this trip. It is now up to the fellows in Wash- ington to place ‘this animal. “This fellow, remember, is not a monkey. He belongs to the anthro- poid apes, which differ from monkeys as much as monkeys do from man. An ape has the same number of bones as a man, his bones articulate the same way and have the-same functions. The tail of the ape and man are similar. “Whether this chap wa¥‘in life more intelligent than the two live apes which I brought to this country, the only two specimens ever seen here, I do not know.’ You cannot become really acquainted with an ape when he is perched high. on a big tree and you are looking up a'rainspout at him. You must live. with him to:know him,” Prof. Garner once before startled the world when, after having lived for many months in a,eage in the African bush studying apes, he emerged with the announcement,,that he was con- vineed that the apes talked to each other. Later he. made. phonographic records of apes’-‘‘talk” and succeeded in getting the samecreplies from other apes when he proven the records to them. nas a i EDITORIAL By Rev. Charles Stelzle —~? WHEN GOD CALES A MAN TO BE A PROPHET. How. are prophets made? Are they SUDDENLY inspired to proclaim a startling message which thrills the world because of its depth and power, without. ever having given previous thought to the content of that mes- sage? No—Prophets aren’t produced that way, any more than doctors, or law- yers, or engineers, or carpenters are made at-a moment’s notice, There newer was a.prophet who did not struggle painfully through experi- ences which gripped his soul—untii he cried out in despair: “Woe is me if I preach this. gospel”"—whether that gospel had to do with politics or eco- nomics ‘or religion. Men often become prophets in spite of themselves, but they never become | prophets unless they, wholly surrender themselves to the cause which they proclaim. é a And they must actually have felt the burden of their own message before they can make others see its signifi- cance. This was decidedly true of the pro- phets of the old testament. “For: example:,. Amos was a ‘shep- herd, who, as he tended his flock, thought deeply and seriously of the sad moral condition of his ‘people. And he became so:burdened with the sense of their sin that he was compelled to leave his sheep in the wilderness— called by God—and made his way to the great city, where, in plain and simple bu picturesque language, he denounced the oppressors of the poor and those who had despised God. ‘When God finds a man‘who has so agonized that he. has gone down to the depths of hell-as well as ascend- ed to the heights of heaven, He calls OOOO GIRLS»-GET — BANK POSITIONS Miss Fryda Fagerlie was tak- ing a post-grduate course at Da- kota Business College, Fargo, N. D., when cashier Olson of the First National bank of Barnes- ville phoned for help. She was sent immediately. A telegram from the First National Bank of Forman for a “capable office woman” meant a good job at once for Miss I, Hanson. Miss E. Glaum, who left an- other school to get the advan- tages of D. B. C. training, feels repaid by the position. she has se- cured as stenographer for Swift & Co., Fargo, Write F, L. Watkins, 806 Front St., Fargo, N. D., for in- formation about college work. Prof. R. L, Garner and head of ape he captured in African jungle in search for missing link. that man and “inspires” him to be- come a prophet—provided that he has some other qualities that equip him to be the bearer of a great message. The call to be a prophet doesn’t sound like the roar of thunder—it is rather like “a still small voice,” which can be heard only in the watches of and sensitive. ELECT OFFICERS. Mrs. Guy McMaster of Ellendale was elected president of the North Dakota chapter of the Women’s Re- lief Corps at the 30th annual session at Ellendale. Other officers elected ai this meeting were: Ruth Tuthill, Oakes, senior vice. president; Louis. King, Velva, junior vice president; Emily Hawks, Fargo, chaplain; Fan- nie Fears, Ellendale, treasurer; Net- tie Edgerling, Ellendale, secretary; Retta Cooch, Lisbon, councillor; Amanda Freese, Jamestown, inspec- tor; Charlotte Bundy, Towner, patri- otic inspector; Mary E, «Lane, Wahp- eton, I and I . inspector; Nellie Schooley, Fargo, senior aid; Amanda Turney, Grand Forks, press corres- pondent. The members of the execu- tive committee are Laville Black, El- ==> CASTOR For Infants and Children, Mothers Know That Genuine Castoria Always ALGOHOL~3 PER GENT. (Vegetable PreparationforAs } ‘ initia Signature helpfulRemedy foe | AhelpfulReme i constipated DT \d Feverishne: oll it ‘iss OF SLEEP 4 FacSimile Signaturcot (Use For Over Thirty Years est PA CTOAII Exact Copy of Wrapper. ‘THE GENTAUR COMPANY. NEW YORK CITY. lendale; Hattie Beal, Valley City; Dance at armory every Tues- Mary Bowerman, Oaks; Nellie Lau-/qay and: Saturday. O’Connor’s der, Wahpeton. Orchestra. : Mrs. Jennie B. Hill, Fargo, was named delegate at large to attend the national convention at Columbus, O. in September. Minnie Schmidtt of Jamestown, was apjpointed dele- gate. Alternates for Mrs. Hill and ‘Mrs. Schmidt. are Blanche Kee, Val- ley City and Fern Sheets, Lisbon, re- spectively, The place of the 1919 THE HURLEYS TRAPS AND PIANO Up-to-the-Minute Musie 0 Main St. Phone 130-K meeting was not decided upon. Why Prices Summer’ course ‘now -in session. |. Gasolin« Are Low HE fact that gasoline prices are low constitutes the achievement of an ideal .on the part ‘of the Standard Oil Company. There are several contributing factors. : The ingenuity of the automobile en- gineers in producing cars at moder- ate prices and the efficiency of the Standard Oil Company in producing gasoline in sufficient quantities to. supply the demand have placed both in the light of staples. The demand for gasoline is steady— . the supply is steady—thus enabling the Company to utilize its equip: ment to a maximum capacity which in turn keeps down the costs and therefore selling prices, The Standard Oil Company through long years of experience is able to rescue and utilize, all of those frac- tions which go to make gasoline, and to utilize all by-products for com- modities of universal use. This plays an important part in Keeping down manufacturing: costs on the basic product—gasoline. The Standard Oil Company (Indiana) furthermore steadfastly adheres to a fixed policy of supplying first, the patrons of the eleven states it serves. Thus at all times is there an ample supply for every five gallon buyer and every five thousand gallon buyer with no embarassing demands from outside to drain the supply and force an increase in price. It is by this husbandry that the Company is able to keep down the price of gasoline that you may run your car for the enjoyment of your family or the furtherance of your busi- ness without great expense for fuel. You may not know that gasoline sells in this market for about one-half or one-third the price charged,in Europe even under normal pre-war conditions. Standard Oil Company (Indiana) 910 So. Michigan Avenue a Chicago ‘t ee St ey