The Bismarck Tribune Newspaper, July 22, 1919, Page 3

TOWNLEY MUST STAND TRIALON LIBEL ACTION Supreme Court Rules That Grounds Exist in Complaint of Senator J. A. Englund 1919. HARKS BACK TO H. B. 44 Kenmare Solon’s Attitude To- ward New Constitution Re-: sulted in Alleged Attack President A. C. Townley of the! must} National Nonpartisan league, stand trial in Ward county on a charge of libel preferred ‘by former Senator J. A. Englund, publisher of the Kenmare News, who claims dam- ages in the sum of $25,000 for articles which he alleges Townley caused to ‘be pwilished in the Fargo Courier- News, the Nonpartisan Leader and other organs during the fifteenth as- sembly, in 1917. The supreme court so ruled today in a three-to-two opinion written by Chief Justice A. M. Christianson and concurred in by Associate Justice Harry A. Bronson and Luther E. Bird- zell. Justice J. E, Robinson vigorous- ly dissents, and he is supported by Justice R. H. Grace. Townley, J. W. Brinton, W. R. Wy- att, John Veinverger, John E. Fleck- ten and C. BE. Gordon, named as de- fendants by Senator Englund in his li- Dance PATTERSON HALL TONIGHT ibel action, plaint in Ward county district court, alleging that no grounds for action were stated. Judge Leighton over. ruled the demurrer, and the defend. ants'appealed from this order, which is upheld in today’s supreme court decision. Attacked Citizenship, Englund was a member of the up- per house in 1917. He had also been up to January 1, when Major James R. Waters became bank examiner, dep- uty state examiner for his district. He was a hold-over, senator who joined with the majority against House Eill 44, throvgn whicn the league sought to enact a new con- stitution tor Norti Dakota, Pres- sure was brought upon Englund in the form of a set of resolutions de- nouncing his attitude towara House Bill 44, declaring that he had forfeit- ed his American citizenship by filing on a Canadian homestead, and com- plimenting State Examiner Waters for removing Englund from his staff of deputies, This resolution, purport- ing to have been adopted and signed by a gathering of 219 farmers in the second legislative district, which Englund represented, was published in the Courier News, Nonpartisan Leader and other organs controlled by Townley. Englund makes the publication of th resolutions the basis for the li- bel suit. He declares that he never forfeited his American citizenship; that the attack made upon him is false, and that the resolutions were in reality adopted and signed by only demurred to the com- i JULY 23 & 24 ten persons, including the defendants, | ad not by 219 farmers of his district, as alleged. In his dissenting opinion, Robinson declares that “such suits are commonly a nuisance, usually result- ing in a verdict of five cents.” He declares the liberal press-agenting of Townley ‘by fie opposition has made; him, and that a reputation which can be damaged to the extent of 25 cents or $25,000 by a political news story isn’t worth much any way. He holds that Judge Leighton’s order should be reversed, the demurrer sustained, and the suit aganist Townley dismissed. Dance at Armory tonight, O’Connor’s Orchestra. Judge LEGION TO ISSUE SPECIAL EMBLEM TO ALL MEMBERS Bismarck Chapter Will Secure Wed. and Thurs. % 9 Scenario Written and Directed by the author himself A Delightful Story of the Ozarks Portraying the lives of these hardy mountaineers who are as clean-cut and unaffected by the veneer of civiliza- tion as the rock bound hills in which they live PRICES: 30c, 40c and 55¢e—INCLUDING WAR TAX. ator Luke Lea. of Tennessee to have the emblem copyrighted. Captain A. A, Jones of the local chapter of the Jegion has written to Captain Junius Baker of Fargo, state head of the organization, for suffi- cient buttons for*memers of the le- gion in this vicinity. DIRECTION W. T. GASKELL A Splendid Picturization of the Most Popular American Novel SEATS NOW SELLING AT HARRIS & CO., STATIONERS. ‘black rust, according to George W. Gustafson, county agricultural agent today. This is due to the absence of rains and damp weather, as the rust only forms when the weather is hot and damp. It has been demonstrated by the federal deupartment of agriculture that black rust came principally from - Curtain 8:15 a Seats Reserved immediately destroy alt FOR SALE: | the only preventive for black rust, ac- such bushes in their vicinity. This is| cording to Mr. Gustafson... +... Ten room house known as the Waldon property, just east Missouri Valley Mo- tor Co. Will be necessary to move from lot. Home cost $6,000. the barberry bush and farmers are {n joints or mus- cles, give a brisk SPORTSMEN REBEL AGAINST COUNTY’S — PLAN TO END LAKE ( A button adopted by the nationa: executive committee of the American legion as the official emblem of the}Only Body of Water in Burleigh Its Allotment of Buttons Next Month We have a quantity of Sherwin-Williams PARIS GREEN in 14 and 28 Ib. packages, which we will sell for 40 Cents Per Pound F. 0. B. MOORHEAD, MINN. The STATEMENT OF THE FINDINGS OF THE STATE BOARD OF CANVASSERS Vote on Legislative Enactments referred to the electors at the Special Election held June 26th, 1919. We, the undersigned, Thomas Hall, Secretary of State; Carl R, Kositzky, State Auditor; Obert A. Olson, State Minnie J. Nielson, Superintendent of Public Instruction, con- 1 Election, held June 26th, 1919, do hereby certify that the lative Enactments referred to the electors, has been can- vassed by us, and further that said abstract contains «he title of each and every Legislative Enactment referred to the electors, to be voted upon at said election, and the votes cast for and against each; and that. said Legislative Treasurer; William Langer, Attorney General, and stituting the State Board of Canvassers, for the Spee foregoing abstract of votes, cast for and against L as to the | members of the legion through the | will also be used as the basis for the jbronze fi pointed sjir discharge national organization of four million American veterans of the great war will be distributed in a few days to state branches and local posts throughout the country. An enlarged design of. the button, unless changed by the national con- vention at Minneapolis in ‘November official seal of the legion. The button is three-quarters of an inch in diameter. It consists of a central replica of the regulation button issued by the war department to honorably discharged service men, surrounded by a narrow circular band of blue enamel, containing the words “American Legion” in, gold letters. The button has a fluted gold edge. Silver Inscription for Wounded. The central replica of the button will be silver instead of bronze for wounded members. Steps will be ta- ken by the legislative committee of | the legion, headed by. former Sen- Will Be Drained by Board A plan to drain Long Lake, practi- cally the only damp spot in Burleigh county, outside of the Missouri river, is under consideration ‘by the county commission, it was learned today. Re- cently the commissioners instructed County Engineer T. R. Atkinson to make a preliminary report for this work covering the feasibility, prob- able cost and the best method of pro- ceedure. No reason can be found for doing away with this body of water in the southeastern portion of the county, according to those interested in the matter. “It is the best duck shooting grounds for miles. around here,” said one sportsman today, “and I can not understand why the county commis- sioners should want to drain Long lake, and thereby spoil our fall hunt- ing.” It was pointed out, in connection with the contemplated action of the county commissioners, that there are so many extremely important means of expending the county funds this season that the drainage of Burleigh county’s only body of water seemed a waste of funds. The commissioners held a meeting yesterday at the court house, but ad- journed until next Monday. At that time, the country’s representatives will probably take up the equalization ‘VICKS VAPOR' massage with— WOOD SILOS ARE THE Sale Price $1500.00 Cash. J.P. SELL Silos Conserve the Feed Indicaitons are that feed is going to be very expen-_ sive this winter. Why not conserve the feed that you, have by erecting a silo? It will more than pay for itself the first year. We still have a few left at our yard. Come in and let us show you why they a: most economical silo to build. Pas emencs were all adopted and approved, as indicated by the following tabulated statement as hereinafter set ety. eommissioners nave ‘rence BEST — THE TUNG- & ee ama lmmin mami | county board wil £0 Gechibe heiroe! LOK Is THE Best |Z} PPsgation & Adminis: somes; | 7aaniis | "piss | Xo’ |HOUSES PASSES BILL WOOD SILO. s.Com. | ton frnmigration| “sion tricts Dakota PROVIDED MINIMUM county— [xen | No | ex | No | Yes | No OF $3 FOR WORKERS Adams Washington, D. C., July 22.—By a, memes vote of 368 to 47, the house today Billings passed the bill providing a minimum Bottinea 5; Wage of $3 for all government em-! Bowman ployes éxcept those in the postal serv-; is exclusive of the war: $240 a year allowed employes. The measure now goes be- fore the senate. e 0 | | Weather Report | Grand Forks . % —4 Grant ° For twenty-four hours ending at Hetlinger noon, July 22. Kidder 3; Temperature at 7 a. m, . ee J64 LaMou | Temperature at noon’ . fi | Ogan Highest yesterday .. « 92} Merntosh s Lowest yesterday . + 48 McKenzie Lowest iast night . . 64 Strongest Mercer" 3 Precipitation .. None fi Morton Highest wind velocity : The Tung-Lok Silo is wind-proof. It requires no hoops or bands, and Me ti - — * Nelson Forecast: no guy wires. Pembina’. Trae Dae ata | By a new principle of construction every part locks into the adjoin- Ramsey | unsettled north portion; warmer | ing parts, making a silo which cannot fall down, won’t blow down, Remon 2! southeast portion tonigit; not s0| doesn’t have to be tightened up in dry weather or loosened in wet, yet Rlehland awrm Wednesday. sweat keeps silage perfectly. Rolette west Sheriaan Temperatures. Tung-Lok units, laid flat and horizontally, make a wall half again Stour Fargo. ..... : vee 2 thicker and more durable than any other wood silo. soe Williston + 60 ark F } Towner Winnipeg . 54 implies trail Helena 60 : z ; A Walen Chicago . 68 Putting up of a Tung-Lok is so simple a child could do it. No costly ‘Swift Cur 56 scaffolding necessary, no expensive “experts” needed to show you. Kansas City 66 Anyone can understand. Kansas City . 66 ORRIS W. R TS, | 60412 49925 ign lhaza9 L 503: 61188 [50271 |60343 pe feale bt cpewrdere Meterologist. Low Cost ulitors of the several counties of the State. SHOULD BE COMBATTED | price of Tung-Lok silos makes them cheaper than any other. “If you IN TESTIMONY WHEREOF, We have hereunto set our hands, and the Secretary of State has affixed the Great Seal of the State, at the Capitol, in the City of Bismarck, this 18th day of July, "OTe TES Ce THOM. CARL Secretary of State. MINNIE J. NIELSON, OBERT A. OLSON, State Treasurer, ee LANGER, 1919. AS HALL, R. KOSITZKY, State Auditor. tiorney General. Superintendent of Public Instruction. anaes | Black rust is causing considerable} damage to the wheat crop: around Oakes and in the James river country, according to information reaching the} local Soo offices today. That sec-| tion due to plenty of rain and an ab-| sence of grasshoppers, had a very good crop, it is said, but the inroads| made by the black rust will reduce, the crop value materially, Burleigh county up ‘to the present time has been sigularly free from put up a Tung-Lok you'll have a real silo.” F. H. Carpenter Lumber COMPANY We the best and