The Bismarck Tribune Newspaper, November 21, 1919, Page 8

THIN, NERVOUS PEOPLE NEED BITHO-PHOSPHATE ‘Weak, thin peop! are nearly always nervous wrecks; thus conclusively proving that thinness, weak- ness, debility and neurasthenia are al- most invariably due to nerve starvation. Feed your nerves and all these symp- toms due to nerve starvation will dis- ‘men or women— * DESPOTISM AND The court order in which Judge W. L. Nuessle of the fourth judicial dis- trict drew the line between despot- ism and civil war in North Dakota is herewith presented verbatim in re- sponse to a general request for a complete copy of this history-making °. JUDGE NUESSLE CHOOSES BETWEEN t INTERNECINE WAR | functions that constitutionally belons to that department, but to-overstep in- to the legislative department and sav what the laws shall be, and into the judicial department and say how the laws shall be interpreted—IF THIS IS THE CASE, YOU HAVE DESPOT- appear. Eminent specialists state that one of the best things for the nerves is an organic phosphate known among drug- gists as Bitro-Phosphate, a five-grain tablet of which should be taken with each meal, Being a genuine nerve builder and not_a stimulant or habit-forming document. The order was issued: in} ISM. It seems to me the predicament an action brought by the Washburn |this court is now in a serious one, Lignite Co. against Adjutant Gen-jlooking at the matter from either eral Fraser and Capt. L. R. Baird, | angle of the proposition, charged with unlawfully holding the PROVINCE OF THE COURT property of the plaintiff, and it fol-| As stated by Justice Davis in re. drug. Bitro-Phosphate can be safely 4 : . ae i faken by the weulvest and inost delicat {lows in full as dictated from the | Milligan, it is not the province of the sufferer, ania the r Its folowing its} bench by Judge Nuessle: court to interfere when the executive use are often simply astonishing. rt! ink a g 3 ns row a i e By “strengthening the nerves’ weak, | rhe Court: I think at the is acting within the law, but it is ths tired people regain energy :]of being wrong, I had better decide {duty of the court to declare the nullity It is a matte this immediately. consequence to {the plai: titt | great of any illegal action on the part of the So embarrasing as it may thinness and angu' plumpness and cury executive. Ae eae CO nde loco aut; | and defendants, but of greater co be, I must hold in this particular cas, eyes become bright, and pale, sunken| quence to the people of the state of jin view of all the circumstances, that cheeks regain the pink glow of health CAUTION—Bitro-Phosphate the use of which is’ inex promotes the North Dakota. I have not had an opportunity to investigate this matter us T would like} ito have. The matter was first pre- | sented to me a week ago. At that | time, and at the time it was finally presented to me plaintiff had asked for a temporary order pending the return of the order to show cause, but the more I considered ithe matier the more I was of the opinion that that should not be issued. The Powers of Government. Under our system cf government, all the powers of government are inherent in the people, and are by the people by and through the con- stitution granted, or delegated to cer- ; tain departments. These departments | are co-ordinate and each charged with certain governmental functions. The reason for that, of course, is known to all of us, and arose by rea- ; son of grievances which the people} suffered on account of misgovern- | ment during the centuries preceding | the formation of the American com- monwealth, and to forestall the Po sibility of usurpation by any in vidual, or set of individuals exerc’ in e vers rove , the! t ittui s y ia y is ssity ; to re- and the framers of the constittuion of |S0" for martial law i ys ae nee and Save states, |habilitate the courts; not to destrey sought to distribute the fune- | them or usurp their power: a temporary injunction must be grant- ed, and that the detendants and each of them be restrained from further in terference with the property of tho plaintiff, and that the defendants an? each of them be commanded to, tur back to the plaintiff the property that has been taken by the defendants. I hesitate to do this, but it seems to me I cannot do otherwise viewing the hw as I view it. It is a most embarassing situation, fraught with embarassment not only to the court but to the people of the state -f North Dakota. MARTIAL LAW As I look upon this matter of mar- tial law, it is not so materia] that this court shall pass upon the propriety of the executive declaring fhartial law. As I read the authorities, and I have No quarrel with most of the authori- ties cited by Mr. Richardson, yet as I yiew the authorities, where martial law is declared there is no interfer ence with the civil courts and there is spension of civil rights and Iber- he courts themselves have been so incapacitated by reason of the circumstances existing and calling forth a declaration of martial Jaw, that also wonderfully 80 nilation of food, much so, that many people report marl gains of weight in a few weeks, Those taking it who do not desire to’ put on flesh, should vse extra care in avoiding fat-producing foods, Tow Eo Gb EG FOUN | A-WALK ULSTER DEVELOPED OVER LIBERAL LINES AND ii HAVING THE HY-LINE COPYRIGHTED SHOULDERS PUT FORWARD AS CORRECT BY FASHION PARK. ITISA DOUBLE BREASTED MODEL LAID OUT TO MEET THE NEEDS OF ba THE ACTIVE MAN OF AFFAIRS. THE BACK HAS A HALF BELT AND THE POCKETS ARE EASY OF ACCESS AND WELL ‘ PLACED. ITISQUARTER LINED WITH SERVICEABLE SILK. \ - READY-TO-PUT-ON CUSTOM SERVICE WITHOUT THE ANNOYANCE OF_A TRY-ON Miss Ruth Quigley Teacher of Violin and Piano 407 SIXTH STREET DANCE! K. OF C. HALL Saturday Night, Nov. 22nd Given By Ruby Ladies Orchestra Singing and Playing The Latest Hits of the Season Admission $1.00 Plus War Tax “Lots of Pep” “Lots of Pep” wars tions and powers of mons DEPLORABLE: SITUATION ' TAILORED AT FASHION PARK three departments ia order that each}, This court, under the authorities, ‘ ; might operate as a check against the take judicial notice of the situation as : ET Oo ty thie end. that the power of|it exists with reference to the emerg- government might be balanced and the /@ey Which has existed on account of i ; For a TAXI irights and liberties of the people safe: | the shortage of fuel. Tt is certainly a ; : guarded there under, most deplorable situation that in the 4 f —Phone 27 or 57— These different departments are eg: | Site; oF North Dakota svitlt the, creat & ‘Rochester_New York : ae ordinate. her should interfere; (" ae : AN O80 CeS 4 . \ LAMBERT With, the exercises “or _overstep the] {Me surface, that there probably will be g on account of the present suff coal str houndaries ef the powers of the other If they do, there is hound to be a seri- The Man; a style book, for Autumn, isiready for you, is a deplorable situation, nfl so that the strength of zi ‘i ; ‘ i of government has itself one| Dut inthe view of this court, it © of wonkness in it. And for that} oes not warrant the exercise by the executive in the absence of a state of war or insurrection, tu- mult, riot, breach of the peace, or threatened breach of the peace in taking over private property for | |issued an order to show cause in this SH: Johnson |] sized sm oe fo show, ctnee ta rect attac upon another branch of our WE ZARE-READY.TO SHOW THE STYLES. DEVELOPED | BY.OUR TAILORS AT FASHION PARK : government. It is invol f Accounting oF te juiiélary tore :) the pose only of operating segs of power by the executive, and if this} these properties commercially, ie Auditing court should make an order attempt-| @Yen though the purpose be to Rosen’s ot im Sho os ing in any way to interfere with the] @void such threatened suffering Systematizing exercise of power by the executive de-, @2d hardship. In my judgment there are other remedies not in- consistent with the powers given the executive under the constitu- tion. PUBLIC A THIRD PARTY I believe in the case of great busi- ness such as railroads, coal mines. public heating and lighting plants. water systems, or any of the great quasi public enterp! s, that the public is a third party to a three cor- nered compact and that its rights are greater than that of either labor or McKenzie Hotel Block exert partment, the court could only inforce that order by the appointment of spe: cial executive agents to carr: CIVIL, WAR IMMIN Ordinarily it is a function of the executive to carry out the man- dates and see. that the decrees of the judicial department are com- plied with, and if the executive de- partment should resist the inforce- ment of the orders of the judici- ary, and the judicial department. should seek to carry out this order Main Street ANNEX HOTEL Phone 573 or 655 hand if he does have knowledge, or reasonably Should haye knowledg? that the thing about to be done is il- court “and all other ‘courts in the state functioning, ‘and that therefore. thesa acts are illegal; that they are in viola- tion both of section fourteen of the constitution of this state, and of the fourteenth amendment to the constitu- tion of the United States. manded to do, shall:be done not later than two o'clock next Monday after- noon. That, I think, will give them time to get into the supreme ¢ourt and - have it determined. can seize private property, there be- ing no riot, tumult, breach of peace, or any of these things; if he can seize private property from the owners with- out aly provision for compensation, and let them tuke their chances as to Qoeerecccooccccocorosoorecossonnes, legal he must act at his peril, That then he may be responsible. In other words, I think there are limitations -o the doctrine announced by General NOT TELEPHONE 270 FOR COAL Wilton Lignite Coal mined by the State of North Dakota Phone 270 Consumers Co. 216 North Eighth St. Baled Hay Stove Wood LUE CONE OREO POPE LOLLOILLODLODOOLO LDL ODD Ice the only result would be civil war. This is carrying the thing out to a logical conclusion, There is no es- cape from it. | On the other hand, should the execu- tive department be permttted to go unchecked and exercise not only the KEEP LOOKING YOUNG it's Easy—If You Know Dr. Edwards’ Olive Tablets @ The secret of keeping young is to feel poe do this you must watch your liver and bowels—there’s no need of having a sallow complexion—dark rings under your eyes—pimples—a_bilious look in your face—dull eyes with no sparkle. Your doctor will tell you ninety per cent of all sickness comes from inactive bowels and liver. __ Dr, Edwards, a well-known physician in Ohio, perfected a vegetable com- pound mixed with olive oil to act on the liver and bowels, which he gave to his patients for years. Dr. Edwards’ Olive Tablets, the sub- stitute for calomel, are gentle in their action yet always effective. They brin, about that natural buoyancy which all should enjoy by toning up the liver and clearing the system of impurities. Dr.Edwards’ Olive Tablets areknown by their olive color, 10c and 25c. capital operating the business in ques- tion, and I do believe there is inher- ent in the governmental powers given to the judiciary by our constitution, both state and federal, a power W! may be invoked to right any situation such aS we may have, and to right it in a manner consistent with the con- stitution and consistent with the pow- ers given by the constitution to the other departments of the government. And I do think that if the es- ecutive of this state can in his own judgment form a conclusion as to what is necessary, not to quell in- surrection or breach of the peace, but to prevent suffering in the fu- ture at some time more or less re- mote; if he can by reason of that judgment not only call out the troops for the purpose of preserv- ing peace, lut can order these troops to seize private property, and compel men to work and oper- ate that private property, even though to prevent the occurance the suffering we have spoken about, and there is no way for ju- dicial review, that it is a most as- tonishing condition abhorrent to r izen and repugnant to oustitutional principle. ing this thing to a logical con- clusion, if the governor of this state, there being none of the things which would warrant him in declaring mar- tial law, if the governor of this state compensation, near or distant; if he it either by ayreement, as happens in this case where the miners will work for the state and will not work for the private operators: if he seizes the mines he may need mules and horses to operate them, he can go to the ad- jacent farmers and commander these mules and horses and say the state re quires them; if he needs hay and oats to feed these mules and horscs he can go to the next farmer and seize that property; he can seize the rail- roads and operate the railroads to distribute the coal that is mined, throughout the state to prevent the very suffering which he aims to pre- vent, He can compel men/to labor in these mines and produce that coal under pain of imprisonment. It seems to me that it means on the one hafd confiscation, and on the other hand involuntary servitude, dnd that the courts under the con- stitution must have the power, even though they cannot inforce the mandate they may issue con- sistent with that power to pass upon and review such action. CAN'T SET ASIDE CONSTITUTION It seems to me if this is not the ease, the governor can, when he deems an emergency arises, set aside all constitutional restraint, not only to preserye the peace, but to do that which he thinks he should do in order can seize that property and operat#|Miller, and limitations to the doctrine announced by Mr. Richardson. COURTS STILL FUNCTIONING With reference to the matter cf whether or not this court has jurisdic- tion against these defendants as ofli- cers, I must hold that it has for the reason, that as I view it, these acts and things which were done were done during @ time of peace, with this |7| Now, gentlemen, I have not any prepared statement on this matter, I have stated my conclusions to you just as I formed them here after listening to your arguments and such study as 1 have put on the matter since I signed the order to show cause. I shall make the order provide that these things the defendants are com- CASTORIA For Infants and Children In Use For Over 30 Years HE Marshall Oil Company de- to effect such purpose as he thinks should be effected regardless of how that purpose may be viewed by the. courts or by the people. I appreciate that any mandate that’ this court may issue, unless the governor sees fit to’ recognize that mandate, cannot be enforced without civil war if the thing is carried to its logical conclusion. I do not want that. « SEEKS TO.BE FAIR. ~ I shall make an order requiring that this property be turned back,and that further interference be not had by these defendants, such order to be complied with at a future time, far enough in the future so that an appeal can’ be taken to the supreme cour:. I want this thing settled, and every citizen of the state wants it settled. If the view taken is wrong, and Mr. Richardson’s view is right, we should know it at the very earliest moment. It does not seem to me that the gov- ernor will resist the supreme court if the supreme court hotds as I have in this matter. QUESTION OF JURISDICTION With, reference to the matter of jurisdiction, I think there is some- thing in what Mr, Richardson has said with réfernce to this matter of juris- diction. I believe. and I indfcated to General Miller, that the position of these defendants is analoguous, in 4 way, to the position that an ordinary peace officer 's in) when he recelves a process for service ;"if it is fair on its face and he has no knowledge of any : irregularity or illegalfty, that he may be excused from nny irregularity that arises on account of it. On the other | sire to announce that they have withdrawn from the Kerosene and Gasoline business at Bismarck. PODIELEL ELLIO OOLEOEDODDS, LINOTYPE OPERATOR PUTT ECC) BAKER-TOPPINS CO. —— PHONE 314—— ————_ OEUOQUUROQUQUQUOEUURUUCUOUOROUCUOSUQUTYOREQUOUUOQSUIUU00NUCNUOODEOOCONOOES We are in need of two good operators for night shift and one for day shift. Salary $40 for night and $37.50 for day work for men who can and will set 5,000 ems or more per hour. If you can’t set 5,000 ems don’t answer. These posi- tions are permanent. We have sold -our Bismarck Plant and will handle our clients in this field from the Fargo Branch. All orders will be handled prompt- ly from Fargo. We know from experience how sad an owner feels when he takes his car to a garage to have work done. UUUUUUEUDNUEUOUTECUCURUROOROUOUORUOERENOL He loses sleep wondering how much the bill will be. The man who buys one of our cars will sleep in peace, because he will have to smash it against a wall to make a repair bill under our system. We will tell you the whole story of your salya- tion tomorrow. ; rr Office Temporarily Over Bismarck Bank; Sales Room to be Located Corner 3rd and Main TU Marshall Oil Compan WE. SEYMOUR, District Manager Fargo, N. D. y ea TRIBUNE PRINTING CO. Bismarck, N. D. UT luge one.