The Bismarck Tribune Newspaper, November 3, 1919, Page 4

BISMARCK DAILY TRIBONE “MO: Y, NOVEMBER 3, 1919 [HE BISMARCK TRIBUNE Entered at the Postoffice, Bismarck, N. D., as Second Editor GEORGE D. MANN, Foreign Representatives G. LOGAN PAYNE COMPANY, CHICAGO, - - - DETROIT, Marquette Bld; Kresge Bldg. P. ITH 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 credited in this paper and also the local news published herein. All rights of publication of special dispatches hereim are also reserved. MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE Daily by carrier, per year «$7.20 Daily by mail, per year (In Bism Daily by mail, per r (In state o 1) outside of North Dakota $ OLDEST NEWSPAPER Established 1873) AYNE, BURNS AND SM HOW ABOUT THE PUBLIC? Now that Governor Frazier has held a meeting with ‘the miners’ representatives and will hold one tomorrow morning with the mine operators, many people are wondering when he will call a} meeting of those people who represent the public. Ina coal strike, it will be the public generally, not | the miners nor the operators, that will suffer most, many point out, but there have been no signs evi- denced at the capitol that this group of the popu-} lation will have a voice in the proceedings, unless it is done by the governor himself. UNFORTUNATE NORTH DAKOTA North Dakota is unfortunate in times of na- tional calamity in having either a Shortridge or a Frazier in the executive chair. It was Eli C. D. Shortridge, a populist of un- lamented memory, who in 1893 during the Ameri-| can Railroad union strike appealed to Gene Debs, now imprisoned as an enemy to his own country, for permission to bring North Dakota’s state troops home from Jamestown, where they were encamped. It is Lynn J. Frazier, a Nonpartisan, destined to hold the same place in fame that: has been’ al- _ lotted Eli Shortridge, whom we find on the eve of a national strike of coal miners “appealing” to John Lewis, president of ,the United Mine Workers, for permission to work the mines of North Dakota. What doth it profit us to make peace with Germany if we can’t make peace among ourselves? It would be easier to believe in everlasting peace if there was a law compelling people to keep their chickens fenced. If Palmer enlists the gentler sex in his fight for lower prices, it will mean fewer scraps in the garbage can and more hash. Exporters are clamoring for early ratification of the treaty. Business will do more than states- men to interpret the treaty, anyway. This is a free country now. Once'let those who demand greater freedom get their hands on the reins and it will be free no longer. The foreign relations committee operates on the theory that it can slip one over on the senate by changing the wrapper on the package. Germany and Austria have decided to send delegates to the Washington labor conference. And yet folks said those fellows had no courage. Other countries may lead us in the race for aerial supremacy, but when it comes to being up in the air our government has every other beaten to a frazzle. Now that statesmen have wasted their time in riotous talking, they are beginning to wonder if} they will be able to do a few necessary things in time to adjourn. Once upon a time, the man who got his name on the sucker list received many offers of fake stock. Now he receives an equal amount of po- litical propaganda. Few men can stand prosperity. We grinned while scratching cooties and dodging bullets, and now growl about working eight hours to earn a miserable ten dollars. Berlin confesses that it can’t get troops out of ‘the Baltic provinces because it has “exhausted its ‘means of coercion.” And Berlin without brute ‘force is helpless indeed. Now that members of the Federal Trade com- mission have accused Senator Watson of being an employe of the packers, he is doubtless convinced that they really are anarchists. ‘ * It is a safe bet that every time Adam came in from the field hot, tired and hungry, he relieved a six-cylinder grouch by making nasty insinuating remarks about that apple episode. f If citizens have the right to vote for or against i ginning to think it impossible for a majority in America to agree on anything. The President, too ill to labor, must neverthe- less attend great duties because well and robust men have no sense of duty. There are two things you can do to help mat- ters. and-saw wood like a house afire, It may be that we have adopted the habit of scolding one another because we can no longer blame everything on the kaiser or the flu. a a ee J WITH THE EDITORS | a a I tt ht tt nent tet BEGGING PERMISSION sovernor Frazier’s proposal to work the mines of North Dakota would not have sounded half bad, had he not asked permission of John L. Lewis to do so. Why, bless you, when the governor of a state gets down‘on his hands and knees to the citizens of another state, or even to a citizen of his own state and asks for the right to do things that are for the protection of the citizens of his state, he displ his unfitness to be in public office. The mines of North Dakota may be worked, and under government supervision, but we would hate to think it was necessary to ask anyone’s permission to do this, whether that someone was the president of the union or the owner of the mine-—Mandan Pioneer. A WISH OF CONCENTRATED GOOD WILL One of the Red Cross Seals made appearance in the morning mail yesterday and the cheery face of Santa and brought thoughts of Christmas which were emphasized by the snow outdoors. These are the stickers we are to buy at the holiday season, proceeds of our traffic to go toward the fight against tuberculosis. The idea is de- veloped each year in larger measure than the year before. This year it seems as if the wish upon the stamp sums up every essential of a friendly greet- ing for it says “Health and a happy new year.” What more could you wish a friend or loved one than good health And a happy year. With health assured the other is reasonably certain to follow and without the first the other can never ensue. The world realizes this and therein lies the reason for its response to the appeal of the Red Cross Seal commission in its fight to make better health conditions.—Aberdeen American. FARMERS’ ATTITUDE The Farmers’ National congress, which has just spoken so strongly against exorbitant labor | demands, is supposed to represent more than three million farmers. One of the organizations which joined to compose it was a remnant of the old Farmers’ Alliance after that body went to pieces as a political organization. Its constituents are the more prosperous and alert among agricultur- ists, north and south. Its denunciation of extreme labor demands follows similar declarations by other agricultural bodies; and is accompanied by a wide-spread agitation of the same tenor in the farm press. As the farmer sees it, the prices of the commodities he has to sell are sure to fall, and those of most articles he has to buy are too likely to remain as high as ever. He resents the de- mands of labor for a larger and larger reward as food prices at primary markets are already drop- ping. He sees the shorter day and lessened pro- duction brought into many plants by well organ- ized labor, while through his own lack of organiza- tion his competitively long workday and effort at maximum production will continue as during pre- vious years. Passing resolutions will effect noth- ing. The question is, what will be the next step of farmers if their alleged grievance continues? They have the political power, and their power to move collectively increases as fast as the mem- bership of farm bureau federations and other bodies.—New York Post. ° NOTHING TO SAY AND ALL TO PAY Attorney Manahan of St. Paul took up some time at the Nonpartisan league meeting at Fargo, to argue against the right of local league members having any voice in the management of league affairs.. The attorney for President Townley and the other league officials claimed that only a close organization of a few meni, as at present in control of the league affairs, could successfully handle the business of the organization, on account of the political fight in which they are now engaged. Under the present arrangement the average member of the league now has nothing to say as to the policies to be adopted. He simply puts up the money and does the shouting for the few on the inside who handle the cash, who parcel out the jobs, fix the salaries and spend the farmers’ money as they please. © To an outsider it would seem that the con- tributing membership of the league would want to have something to 837 about legislation, about policies, and other matters that affect their taxes and most vital interests. -Why do not the leaders allow the members You can keep your mouth very, very quiet, |* ‘discussion holding the act constitu- against him. ‘complain that the rate preseribed by October 25, 1919. SATURDAY EVENING LET’ By Justice J. E, Robinson the Bureau is excesive. The objection (By Justice J, 1. Robinson.) November 1,1919. goes wholly to the power of the Bur- A big daily of the unkept press seems eau to prescribe any rate,’ to regard Justice Robinson as a black is the question. presented tHat this sheep of the judiciary. It has this to act is an arbitrary classification as concerning one of his opinions: — ; between the plaintiff and other em- The kept press made much of Su- ployers.” The Justice concludes: “It preme Court Justice Robinson's ob- follows that the property of the plain- dectlons to t he workmen's compensa- | Uff is not taken without due process tion law. ‘These objections were play- so long as the rate demanded is based ed up In every kept newspaper of the upon real hazard and properly pro state as indicating that the law was rated. If the plaintiff desires to unconstitutional, unwisely drawn, dis- raise an issue of fact as to the find- criminatory and unworkable, But. now | it: of the Bureau in this respect, euch the full supreme court has passed upon proceedings ‘should be had as would the law, and it developes that Justice put the court in a position to ascer- Robinson stands alone in opposition, tain the fact.” Even Chief Justice Christianson, who} The opinion. by Justice Robinson is a hold-over from the days when big ecncludes that by the express words Imsiness controlled the state, joined of the act, the Bureau had no auth- in the dicision uphotding the compen-'ority to demand, ive or collect any sation law.” money without first making and pub- In 1911 the New York Court of Ap-'lishing a schedule of rates: (1) That reals held void a workmen’s compen-|the rates be just’ and reasonable, and sation act. They held that a citizen not arbitrary, excessive or yesatious. following the ordinary vocations of life! (2) That in ordinary clerical service, and guilty of no fault cannot be com-jin domestic service, in ordinary hotel pelled to contribute to the indemnity;and restaurant service, there is no of other citizens who by misfortune inherent risk and there is no reason or the fault of themselves or others for paying-any insurance premium on jhave suffered injuries, (201 N, Y.)the business, 820.) Then the constitution of the Hence it apears that the constitu- State of New York was amended so as tionality of the act is still an open to specially provide for such legisla-' question to be decided only when fair- tion, and the amendent was sustained ly presented by Some person who has by the New York Court of Appeals. (215, a right to present it. Here is an N. Y. 515). Then in 1916, on an ap- opinion on the same topic: peal to the U. S. Supreme Court, the State, ex rel. Stearns v. Olson latter diciston of the New York Court} Robinson, J, (Dissenting); I dis- of Appeals was well sustained. (243 U.|sent from the opinion ordering that a ©. 189). writ of mandamus should issue to the In Arizona, pursuant to and in ace. ate Treasurer to compel him to pay ecrdance with the constitution of the, 37.50 on the order of the Workmen’s state, there was passed a workmen’s Compensation Bureau. Though the compensation act, and it was sustain-' Bureau has collected a large sum ‘of ead by a majority vote of the U. g.'money and deposited the same with the Supreme Court. Four judges dissent-,State treasurer, it is certain that in ed; and so it was on an appeal.from making the collections the Bureau ex- the judgment of the Washington Su-|ceeded its authority. According to the yteme Court, : plain words of the statute the Bureau Now as Our compensation act is not! had no right to make any collection based on any constitutional provision, Without first making and publishing it is condemned by the votes and the a classification of hazards and a sched- reasoning of the eleven judges of the wle of rates, and such a Schedule has New York Court of Appeals. (201 N.:never been made or published. It is Y. 320). It is condemned by four jndges and sustained by five judges of leged actuary a schedule of about the U, S$. Supreme Court. So the fif-,fourteen hundred different rates and teen judges must have been prejudiced, Paid therefor, with some’ advice, con- while the five judges were straight and ccrning the same, $5100, but the lum- honest. bersome ‘schedule pertains to every oc- In the case before our Supreme cupation in the United States. It was Court, Judge Christianson did not never made for the State of North write an opinion upholding the com- Dakota; it has never been published pensation Iaw. He held that the case and the Bureau made a written agree- did not present any constitutional ment to keep the same secret “and to question. hold all actuarily formuli in confid- Justice Bronson wrote a lengthy ence for him,” his purpose being to opinion, signed by Justice Grace, he sell it over and over again to inno- shows that Henry Amerland, the com- cent parties in other states, because |rlainant, made no attempt to comply such a document will’ answer for one with the compensation act’and that state as well as another. If such a ‘he Bureau had not demanded his com- "Ate sheet had been published it would pliance; that he was not injured by 10t have been a compliance with the the act and had no reason to complain statute because a party should. not of it, That was really a final decision have to look over a haystack to find and there was no occasion for going a grain of wheat; he should not have a step farther, But, nevertheless, the tc read over such a cumbersome docu- jvrist went on to write a dictum or ment to find the rate chargeable \ there has een jand_ there special still is, a serious question concerning “In this the constitutionality of the compensa- matter I have grave doubt as to wheth. tion statute. If its purpose was to jer the court should: assume jurisdic- anthorize the Board to fix and deter- ‘tion. The princigal attack upon the mine compulsory, absolute and incon- lzw is based on its alleged violation testible rates, then the statute is clear- of the Federal Constitution. For this ly unconstitutional. "It can he sus- reason I am unwiling to dispose of tained only on the ground that the the case on the ground that the plain- retes must be just and reasonable and tif! does not properly invoke the pro-. that every, party claiming that a rate tection of the Federal Constitution. sgainst him is unjust and arbitrar, The main question is : Does the act may, on that ground, defendant against deprive the plaintiff of life, liberty or it in a suit for its collection, property without due process of 1 The writ of mandamous should is- Kefore passing to the discussion of the suC only to compel the performance of , auestion it seems necessary to observe a specific and plain duty. Hence the; that the plaintiff's counsel does not writ should be denied. tienal. ASien Justice Birdzell wrote a opinion in which he says: vw? J..E. Robinson. Neither , true the Bureau did buy from an al-| WALLACE REID ' athe Valley of the Giants*¥ A Parrot Gplereft Paavo — Wallace Reid tonight at the Bismarck theater in a delightful photoplay,' “You’re . Fired,” based on the famous O. Henry story, “The Halberdier.” SNOW LAUGHS AT INDIAN SUMMER; STORM GENERAL Feathery Flakes Expected to Fall Till Nightfall, With Clear Skies Tomorrow Snow is covering the entire state, practically every locality ‘report a. heavy fall and locally the storm will vontinue thruout the day, but is ex- ected to clear up by Tuesddy. Reports reaching the local weather bureau staté that the storm started in the eastérn ‘part of the state Sat- urday and/has worked westward until y portion has now been covered, Practically the entire county was visited by the storm yesterday, "the snow falling intermittently all day. The weather bureau reports that ,an inch of snow fell last night and a simi lar amount fell up to 8 o'clock this morning with the. probability ‘that it! would continue to fall thruout the day and most. of the night. No extreme cold is predicted by the weather bureau, The themometer went to 22 degrees above yesterday and is not expected to fall below ten degrees! above zero. toniglit. Tomorrow will be warmer, At Jamestown tlie snow fell all day Sunday and this morning with. some falling Saturday night. At’ Fargo Devil: the afternoon, heavy DIES ON SAME DAY. AND AT SAME HOUR jhonorable or ,despicable political cs their snowed Sunday until about,3 o’clock in! th i ' fe ~ | Sore Throat, Colds Quickly Relleved By Hamlin’s Wizard Oil Hamlin’s Wizard Oil is a simple and effective treatment for sore throat and /chest colds. Used gargle for sore throat it brings quic relief, Rubbed on thechest it will often loosen up a hard, deep seated cold in one night. i How often sprains, bruises, cuts and burns occur in every family, as wéll as little troubles like earache, toothache, cold sores, canker sores, stiff. neck, and. tired aching feet. Soothing, healing Wizard Oil will al- ways bring quick relief. Get it from druggists for 30 cents. If not satisfied return the bottle and get your money back. Ever constipated headache? Just try Wi Whips, pleasant little pi. cents. Guaranteed. or have sick Vizard Liver ak pills, 30 _ ——$—$ —<—<—<—_—__—_—_———*+ " PEOPLE’S FORUM | — ———____—_—_—___* PROUD: DAY FOR NORTH DAKOTA ‘A proud day for the people of North Dakota. What a thrill of civic pride must haye stirred the hearts, of the néople of North Dakota, Tuesday, when that special train bearing a large number of their paid servants, headed hy their patriotic Governor, the Hon- ovable Lynn J. Fr r, left the capi- tal city of Bismarck en route for Far- go, the mecca of the down trodden, and, the home of the late Scandina- yian-American bank, for the noble purpose of raising funds (from the farmers of course) to save the “League Bank” from disgraceful ruin, caused as. is admitted by the High Priest, by using the funds of the bank for the purpose of keeping his politi-” cal machine from falling to pieces, 4nd to save those guilty of permitting gross infractions of the state banking laws fiom criminal prosecution, ‘Truly a roble and ‘patriotic’ errand on the ‘part of the head-of the state whose oath of office binds him to uphold the con- stitution and laws-of the common- wealth of North Dakota. ‘What an honor for the people of the state that their governor should be ordered to at- tend by the High Priest, a gentlman whom the court and jury of twelve farmers recently convicted of conspir- acy against the draft act of his country while his’ country was at war, Never was a more disgraceful, dis- ‘attempted than the effort on the part of the leaders of Townley’s political machine to hoodwink the honest farm- ers of North Dakota out of more of their hard earned money to. bolster up the tottering fabric of Townleyism, but it will avail him naught, the great majority of the farmers are aliye to the fact that the Demi God, that they have been worshiping is only Gumbo, and according to his own swqrn state- ment in the bankruptcy court a short while ago worth ‘only $431.50, Now let us look, at the rten who were not, and are not afraid to live up to oath of office subscribed to when y assumed the offices to which the mers of North Dakota elected them. They are now traitors in the eyes of Townley and his henchmen but not 20. in the eyes of the honest thinking peonle of this state, They stand for’. honesty in’ public oftice, they stand for an honest handl- » THAT SHE WAS BORN On the same day and-at. the very ing and‘acounting of the people’s mon- ey. Their’ pockets would. haye peen coin, their road ‘same hour when she first drew breath much heavier with ———* CITY NEWS ; RETURNS FROM COAST Miss Adele Kauffman, 409 Seventh street, returned Saturday from a year’s visit in San Diego, Calif, and Seattle Wash. paz b ® e YEOMAN MEET TONIGHT A regular meeting of Bismarck lomestead Yeoman will be held this evening, when new officers will be in- stalled. LEAVES TONIGHT i Mrs. C. IL. Young expects to leave tonight for St. ;Paul, where she will remain for a few days visiting friends and relatives there, IN SOUTH DAKOTA J. H. Johnson, public accountant, left Sunday for south Dakota points where he will spend fre weeks look- ing after business matters, EXPECTED HOME SOON. Mrs. F. FE. Shepard who has -been visiting at Minneapolis and St. Paul for the past week, is’ expected to re- turn to Tismarck in a few days, TO MEET TUESDAY The Mother’s club’ will meet Tues- day afternoon at the residence of Mrs. Cc. L. McCoy, 615 Sixth. street. All an interesting subject will be dis- cussed, YUCCA YOUNG FOLK WED. Mr. Martin C. Whitmer, son of Mr. and Mrs. ©. M. Whitmer ‘of Yucca, and Miss Ruth Watkins, daughter of Mr. and /Mrs. John Watkins of Yucca, were united in marriage atvthe McCabe Methodist parsonage on‘Saturday even- ing by Rev. G. H. Quigley, the pastor. Mr. and Mrs, Whitmer will make their home on a farm near Yucca, A BIG REVIVAL The services in the revival at the Baptist church yesterday were a great success, There were oyer twenty con- represented by their local organizations to have some voice in the management of the league af- fairs? Is it because the official heads of the (an increase in street car fare, why haven’t they ‘the right to make a similar decision concerning he price of sirloin steak and coal? over their schemes, fear their power and profits would be taken from them in case the rank and irecting nd in ms league, who at, present are unchecked in putting , the league affairs? yersions and many others interested. RINE a ARR eee ject tonight at 7:30, “Air Castles Snocked Down?” Tuesday night sub- ject, “Every Tub Stands on its Own Tottom ;” Wednesday night subject, “The Rag Time of Religion.” An in- vitation is issued to all. AT TWIN CITIES’ Mrs. Robert Orr and her daughter Miss Agnes Orr, who have been spend- ing the past few days in the Twin Cities, are expected home the latter part of the week. W. C. T. U. TO MEET The Women’s Christian Temperance union will, meet Tuesday _ afternoon with Mrs. W. A. Carlson, 711 Sixth street, Mrs, Williamanger will be the leader, and the subject for discussion will be “The Child of Today and the Nation of Tomorrow.” DINNER GREAT SUCCESS The dinner served at the home of Mrs. M. E. Mossbrucker on Tenth street. by the ladies of St. Mary’s church -was a decided success, and the ledies wish to thank all of those whu contributed to the satisfactory results of this undertaking. COUNTRY CLUB ANNUAL The annual business meeting of; the; Bismarck Country club will be held in the Commercial club rooms this even- members are requesteed to attend asMng, Officers and directors for the en- suing year will be elected, and plans will be made for the annual New Year's ball. All stockholders in the club are requested to attend. FULLY RECOVERED Miss Anne Atkinson who was con- fined to her home for several weeks with a severe attack of pneumonia, has sufficiently recovered to be able leave her home, A’ number of friends greeted her Saturday as she made her fi’st appearance on the streets since she became ill. She hopes to resume her school work in a short time, CARD OF THANKS The undersigned expresses thanks and appreciation to the Church and people of Stewartsdale and the people of Glencoe for their kindly sympathy and help extended to us during our deep sorrow caused by the death of Frank and James Teachout, Mr. and Mrs, Abe Teachout o> Smart Infant or Adult. Atall D Mrs. Frank ‘Teachout Mrs, James: Teachout Teachout’ © to, ~ years ago. Mrs, Barbara Feittaich much easier to travel had they closed died at her home in south Bismarck at their eyes to the dishonest methods and 7 a. m., Saturday...’ Mrs, Fettich was Girty political shiftings of Townley’s the mother of fourteen children, of wnderlings and slaves but they ave men, whom 12; the youngest a child of eigh- Consequently they could not nor would teen months, with her husband, Joseph "ot become a part of the rottenness Fettich, survive ‘her, surrounding them. Because of their The deceased had been a resident honesty in carrying out the duties of of Bismarck for many years and had tbe offices to which the people elected n- wide circle of frienc Last rites them, the gang threatens them with will be held at St. Mary's pro-cathedra] ‘mpeachment. They should welcome at 3 o'clock Tuesday afternoon, gnd in- ®y attempt to carry out the threat, terment. will "he made in St. Mary’s !¢ Will spell disgrace and _ political cemetery, q death to every man; ‘high or low en- pe a AES ee gaged in it. The honest people of this WELL KNOWN COUPLE state might put the Honorable Lynn OBSERVE ANNIVERSARY J Frazier’s Labor Day suggestions in operation against the political gang Mr, and Mrs. A. F, Marquett cele brated their thirtieth wedding anni. in control of the state at the present time, and God have mercy on them if they glo, for no other. power will. yersary last Thursday at their home, 930 11th street, with a party of sixty relatives and friends. ‘An. enjoyable H. R. Bonny, 401 4th Street, Oct. 28, 1919, Bismarck, N. D. evening was passed, and the host and " VE NE hostesses Were made the recipients of Capt. TOMO HERS Ons tl: many beautiful gifts, including cut] y¢ ed fron @ i. Beers tiass, silver, pearl-handled cutlery, fine linen and potted plaftts, At midnight returned from Y. M. C, A. Service abroad, has purchased from Senator & Sumptuous supper was served by Mes- dames W. E. Savage and A, E, Mar- Kenrick of Wyoming an interest in the quett, latter's hardware and general storé at Sheridan, Wyo., and the Bismarck man will leave about. December, 1 for Sheridan to assume active manage- ment of his new enterprise, Mr. Cap- per was for years engaged in the mer- cantile business at Baldwin, and, he iS a man of exceptional business abili- ty. Friends predict for him a great EASTERN STAR TO MEET Bismarck .Chapter, Order of the Eastern Star, will hold a regular meet- ing at 7:30 Tuesday evening in. the Masonic temple, and all the officers and members are urged to attend. success in his new field. Sneridan Is regarded as one of the best cities in the west and the future metropolis of Wyoming. TOM PENDRAY HERE Tom Pendray, senator from Stuts- man county] was at the capitol Sat- urday morning staking out a berth for the coming special session. Senator Pendray is a leaguer among leaguers, and he is looking for some’ real fire- works, To Prevent Grip . Take “Laxative Bromo | Quinine . Tablets”’ Be sure you get the Genuine Look for this signature CA Lgore . on the box. °30c RETURN TO WILTON Mr. and Mrs. A. V. Marcellus and two children, Donald and Beverly, have retaurned to Wilton from Los Angeles California, where they had spent the last year. They drove as far ag Butte where heavy snows compelled them’ to ehandon their car, and the remainder. of the journey was made by train, The family has purchased the. fortier H. A, Thompson home in ilton, and Mr. Marcellus, with J. F, Brenton, has taken over the entire holdings of the Eastman Mercantile Co., at Wilton, in- cinding store buildings, fixtures, gen- eral store, machinery warehouse and| + other ‘enterprises, Suits cleaned an pressed, hats cleaned and eta We guarantee satisfaction. EAGLE, Tailors, Hat- ters and Cleaners, -