The Bismarck Tribune Newspaper, November 24, 1919, Page 1

Daa THE WEATHER Snow and Colder. HE BISMARCK TRIBUNE ==] THIRTY-NINTH YEAR, BISMARCK, NORTH DAKOTA MONDAY, NOV. 24, 1919 PRICE FIVE CENTS BAIRD BROKE UP __ STRIKE, ASSERTS GENE RALFRASER Commander of Military Forces Says Captain of Home Guard Did It FRAZIER REVOLUTION OFF \ Governor Repudiated When Men Refuse to Violate Con- tract With Mines Stepping in where the angels, as substantially typified by Governor Lynn J. Frazier feared to tread, Capt. L. R. Baird of the North De home guard settled the str at Wilton and procured from the miners there a rep- udiation of the violation of their con- tract with the Washburn Lignite Coal Co, ordered by President Henry Dren nan of Bi and ratified by Gove nor Fi Such is the tenor of statement issued aturday by Adj tant General Fraser, commander ot North Dakota’s military forces. The status of the miners who resumed work Saturday for the Washburn com- pany is the same as it was before the interference ef Drennan and Frazier. Compliments Baird. “Capt. Baird,” says General Fraser, “deserves commendation for his ac- tion and for his fairness to both sides during the time he has been in charge of the Wilton mines. “Under the.terms of the proclama- tion of Governor Lynn J. Frazier of November 12, it was provided in part that ‘Whenever the operators and miners shall come to an agreement and demonstrate their willingness and ability to operate the said mines, or any of them, in such a manner as to protect the public, control of such miné or mines shall be relinquished to the owners thereof.’ “On Saturday there was delivered to Capt. L. R. Baird, a member of the North Dakota national guard, a com- munication in writing from Adam Kraft, president, and Irving Mathys, secretary, of local union No. 3803, at Wilton, under date of November 21, as follows: “‘At a special meeting. held_ this evening by local union No. 3803, it was decided to return to work for the Washburn Lignite Coal Co. Terms under which we return are as follows: Our old contract and wage scale to continue in effect until the negotia- tions inthe central competitive field are concluded. Any advances granted in the central competitive field to ap- ply to our. wage scale and to be retroactive (6 November 1, 1919. "No members of our organization to -be discharged on account of their action or doings during the period of. the strike.’ “On the same date there was de- livered to Capt. Baird a letter from the Washburn Lignite Coal Co., by W. P. Macomber, its president, ad-j vising that the Washburn company accepted the proposals of the local union and agreed to comply with the | conditions thereof. Necessity Had Ceased. “Pursuant to the governor's procla- mation the necessity of military _con- trol had passed, and Capt, L. R. Baird was directed to deliver to the owners of the Washburn Lignite Coal Co. all properties owned by that company then in his possesion, and he and his subordinates were directed to proceed to Bismarck.” The actual transfer, of the proper- ties to their rightful owners was not made until several hours following the handing down by the supreme court of an order refusing a writ of pro- hibition prayed by the governor to prevent Judge Nuessle of the fourth judicial. district from enforcing his orders for the return of these proper- ties not later than 2 o’clock Monday. During the forenoon it was the be- lief in administrative circles that Governor Frazier would appeal from Judge Nuessle’s order, thus bringing the issue squarely before the supreme court on its merits. While it is not so stated, it is now believed, however, that the governor will take no fur- ther action, one of his, agents having 4 made the statement that “no cause for action now exists.” Under Original Agreement. The agreement under which the Wilton miners resumed work was em- bodied in. their original contracts, with which they expressed satisfac- tion up to the time that President Drennan arrived here from Billings for his series of conferences with Governor Frazier. These consulta- tions terminated in a direct demand from Drennan, supported by Frazier, that the operators place in immediate effect an increase of 60 percent in wages, not to be paid the miners themselves but to be collected, by the mining operators and turned into the district treasury of the United Mine Workers at Billings. On advice from U. S. District Attorney M. A. Hildreth of Fargo that acceptance of this pro- position would be construed as viola- tion of the federal injunctién pro- hibiting the payment of strike bene- fits, the operators rejected the pro- posal. President Drennan called a_ strike of North Dakota lignite miners the following day, in spite of the fact that their contracts guaranteed their own- ers against strikes until September 30, 1920. These same contracts em- bodied a clause that any advantage gained by fellow workers in the cen- tral. competitive field during the life of these contracts would be accorded them. The miners, who had remained at work up to this time, obeyed Dren- man’s orders and walked out. Three days later’ Governor Frazier’ issued a proclamation declaring that if with- in twenty-four hours the operators had not reached. an agreement, with their men he would seize the mities, The operators did not yield to Presi- dent Drennan, and Frazier seized the mines under proclamation of’ martial (Continued on Page Two.) \ mand for impeachment of "Impeachment of Federal Judge Asked By Labor Chicago,‘ Nov. 24.—A de- Judge A. B. Anderson of the United ‘States district court was formally voiced today by the new national labor party in a petition addressed to con- gress. The jurist’s action in granting the government a mandatory injunction order- ing rescinding of the coal miners’ strike call was the reason assigned for the ac- tion. 7 oy BANK OF DAKOTA, REPORTS CATHRO Director General Shows Insitu- tions Make Profit From Public Funds MANY FARM LOANS ASKED The Bank of North Dakota’s re- sources now aggregate $17,500,000, announces Director General. F. W. Cathro in a current bulletin, and he advises that the institution showed a net profit of $58,497.74 at the close of business November 15. Clearings for the month ending November 15 were $33,000,000, or an average of $1,278,- 562.88 daily. Mr. Cathro reports that 1,575 applications for farm loans ag- jgregating $6,588,940 have been made; that 504 applications have been ap- praised, and 232 approved for loans which will total $927,200 when made. Referring to the rejection of $2,- 000,000 worth of the Bank of North Dakota and $1,000,000 of the estate series bonds by eastern brokers, Director General Cathro says: “The delay in the sale of the bonds does not in any manner delay or im- pede the successful operation of’ the bank. As outlined in the previous bulletin, it’ was contemplated to use’ a considerable portion, if not all, of the bond proceeds in establishing east- ern connections for rediscount priv leges, drawn from the banks within the state for that purpose. It was hoped that thismoney-might be left. with. the banks through the availability of ad- ditional funds from outside the state.” DANCE HALL FIRE Fourteen Crushed Under Feet of Mob of 300 Seeking Exit From Building STARTED FROM EXPLOSION Cilla Platte, La. 24.—With all persons in the building at the time ac counted for the complete list of thos: who lost their lives in the danee hall fire here Saturday night was sannoun. ced at 28. About 300 persons were guests at a dance on the second floor of a two story frame building and in addition to the heavy life loss. many were badly burned or hurt in the tread rush thru the one narrow exit. Of the dead fourteen were crushed when) the terror stricken crowd rush- ed for the stairway leading to> the street which collapsed cutting off the escape of others. The remaining four- teen were caught on the second floor and many of theit bodies were so bad- ly charred a8 to make identification difficult. The survivors esctped thru windows by jumping to the street or an adjoining roof. i , The, fire. was said to have started from the explosion of an oil stove on which a 12-year old boy .vas making coffee in the store room beneath the dancers. I. V..A. TO SCOUR STATE |. TO DETERMINE PROGRAM The Independent Voters’ association reports that a “fighting-squad” will tour the state beginning at Grand Forks on December 9 with a view to deter ining what the people may want in the way of improvements to ‘the league industrial program now in operation. It is announced that local uivits,of the I. V. A. will be formed in every town visited. Atlanta, Ga, Nov. 24—State and) city officials today were in- vestigating’ the hoax perpetrated here fast’ night by an identified man who telephYned to the city auditorium where Vice President Marshall, was speaking that Presi- det Wilson was dead and that Washington was calling Mr. Mar- shall on the long distance tele- phone. After Mr. Marshall had announ- ced the message to the audience “(BIGHT DAYS NEW real | | However, funds can be with- 98 LOST LIVES IN SATURDAY NIGHT LIMIT SET FOR - SPECIAL SESSION Speaker Stair Shaves 48 Hours From Wood’s Esti- | mate || AWAIT ELECTION OUTCOME! Believed Result in Towner May Affect Complexion of Legislature, | i their first "INNECTED INTO - ROMAN CABINET Leagne legislators hekl secret caucus at 3 this afternoon in preparation for the opening of the special session tomorrow. A second eret caucus will be held this even- ing. About fifty percent of the league members of the assembly now are in ‘the city. William Lemke). vice presi- dent of th secret caucus sessions in the absence of President A. C. Townley and Wal- ter Thomas Miils. Del Patterson of Donnybrook is attended the league caucus That the third extraordinary’ of leigslature in North Dakota'y ion during the three yea tration of Governor Lynn J. which convenes at noon will not last more than eight s the prediction of Speaker L. days L. Stair of Bottineau upon his arrival in the city yesterday. Speaker Stair chops two days from the estimate of Licut.-Governor Wood, who on Satur- day suggested ten days as the prob- able limit. d Mr, Stair is af the opinion that thé legislaturs will confine themselves to the three subjects defined in the gvo- ernor’s porclamation; that the bus!- ness of the session will be disposed of with little friction, and that there will be no fire-wroks, William Lemke, vice president of the National Nonpartisan league, | and chief adviser on league legislation, re- turned to the capital Sunday, but he lis keeping his own counsel as usual. |Mr. Townley was not in Bismarck jthis morning, and it was not known whether he would come:to the capital Ifor the session. It is regarded as mort probable, however, that he will. League eyes are all turned today Senator A. S. Gibbens is fo be named. 13. J. Kehoo, state’s attorney of Town- jer county and manager of the inde pendent campaign made in behalf of D. J, Beisel, contends that C. P, Peter- json, the “Teagwe ‘eandidate, will be jdowned by at least’200 votes. Two years ago Senator Gibbens ‘defeated Peterson hy only -22. vot Sinee then Towner county has shown’ quit? n change of sentient. in the referen- dum election’ of last June. On the jother hand, Senator Gibbens was the ‘oldest member of the ufo in poin lof service, and donbts have been ex pressed as to whether excellent. citizen in eve’ Beisel, altho an se nse of the word, could command as strong a foi- lowing a the late Nestor of the un- per hor Kehoe, however. is said to he a level-headed, conservative pros- \nosticafor who would not risk his poli. tical reputation hy making ara guess as to the result. Wheth the league attempts to {null any of what the oposittion ref {to as “rough stuff” will denénd largely, jit.is believed, on the result of Towner |eornty. If the league shonld win there by a comfortable majority it is (Continued on Paga Three) SEVERE STORM IS DUE TODAY WITH ‘LOW TEMPERATURE Weather Bureau Predicts Snow- fall This Afternoon and Tonight Deyils ‘Lake, N. D., Nov. 24.—Two inches of snow have fallen here b+ 12:30 noon today with the thermome- ter dropping steadily. A heavy wind is blowing. A heayy snow accompanied by high winds and a drop in temperature he low zero is scheduled to ve in Bis- marek and the vicinity this afternoon and will continue until Tuesday after- noon when the weather bureau ex- pects the skies to clear and the mer- cury to rise. Farmers especially are warned to protect their stock during the next 24 hours because of the expected severity of the storm. The storm is coming from Canada and will sweep the state from .the northwest to the southeast and will be general over practically all of the state. 2 The_ weather bureau predicts a heavy snow fall this afternoon and to- night with the thermometer dropping as low as zeron to 10 below zero. The storm will be brought here by hign northerly winds of great velocity. Clear weather is expected after to; morrow afternoon. TLANTA MOURNS WITH MARSHALL FOR’ -PRESIDENT WILSON, TO LEARN LATER ‘THAT REPORT OF DEATH WAS A HOAX Women began to weep and at the request of Governor Dorsey, who was present, a minister offered a prayer. As the audience filed out, the organist played “Nearer My God to Thee.” Persons leaving the auditorium Spread the report over town and services at several churches were abruptly ended... Meanwhile Mr. Marshall communicated with the \ Associated Press and learned that the report of the president’s death was without foundation. \ BOLSHEVISM 1S ¢ league, is conducting the; among the prominent house members| )| MINORITY WOULD CQNTROL toward the special election in Towner | county, where a sucéessor' to the late; ‘| JENKINS’ SUPREME COURT IN ___VIOLATES bAWS' —~o FARLEY LECTURE ‘AND BUSINESS SHOW Every ‘business nan and everyone interested. in better business methodss' urged to attend the free moving pic- ture show, “The Tfoubles of’ | ¥ a Merchant, and. How to Stop Them,” with a “tecture by | W. H. Farley, business ex- | pert, at the Commercial club teers tonight-at. 8:00. Eas Se es 4 New Elements in Italian Govern- ment in Favor of Ex- i treme Policy | i { Rome, Noy, 2: The new elements which shave entered the’ socialistic parliament in a group declared to be animated by revolutionary sentiments and to favor an extreme policy whict in their opinion will inevitably lead to the advent of Bolshevism in Italy.: Yhis section now is undoubtedly the most numerous if not the most import- ant one in the party, It is considered | that it will amost certainly assume command of the party because of the! audacity’ and determination of its} members to attain control by what eyer means seem best to. them, Members of this section are quoted} as declaring that comprising as they do more than 150 “live wires” amon} the 550 deputies the remainder wil |uot dare oppose them and that the; jwill be able to accomplish some preme act of rebelion which will over: throw the tottering government of bourgeious. | Formerly the socialist never attend- ed the opening of parliament absent- ing themselves to avoid hearing th? [ing deliver his speech from the throne | and to escape taking the prescribed oath in the king's presence. The new- ly elected extremists however now ia- ist that the entire group should at- tend the ceremonies, hiss the king, in- sult him the moment he appgared and prevent him from’ ““spenakime. ~*Phev ihave even gone so far as to threaten ithat he would be atacked on his way \fo the chantber or upon his return, \ Rome, Frida Rumors of litho wildest character rearding the ‘possibility of a i is involyiny| Inot. only the cabinet put also the! reigning house of Italy are in circu tion as the opening of parliament for December 1 approaches, The sociali because of their re- jeent victory 9 eager to continue | iwhet they call “their f march.” | | The older more authoritativ hers of the party howeyer any excesses, men-| re ag 7 ! ‘MEXICO CONSIDERS ‘YANK. NOTE ANENT, RELEASE Washington, The Ame |can government’s sharp note demand. ing the immediate release of William} Jenkins n consular age at Penbla was considered at a speci isession of the Mexican cabinet on Fri- |day at which the governor of Puebla jwas present. Advices today to the state department did not disclose what action if any was ‘taken. i TAKEN UP LAST FRIDAY | Washington, Noy, 24.—The~Ameri-} jean government's note demanding the immediate release qf William 0, Jen- kin. American consular agent at Pueh- in, is understood to have been consil-| ered by the Mexican cabinet last Frt j day the state department announce} today, The department's statements fol-| lows: “The department has not yet receiv- ed and put in the penitentiary shortly jment to the American note calling fo) the immediate release of William 0. {Jenkins the American consular agent| at Puebla, Mexico, who was rearrest- ed and put j nthe penitentiary shorfly; jafter his release hy kidnappers near Puebla. It is understood that the Mexican cabinet had the note under consideration Friday and that Gover- Nor Cabrera of Puebla was called in from Puebla for a report. TOMASSO TITTONT QUITS MINISTRY Rome. . Nov. 24—Tomasso , Tittoni, Italian foreign minister, has resigned. and Viterio Scileia, minster’ without nortfolio, has heen named to succeed him ,according to the Epoca. INDIANS ASK MONEY Calumet. Mich. Nov. 24.—The long standing claims of Chinnewa and Ot- tawa Indian tribes. of Michigan. for land payments aggregating $168.000 from the federal pavernment. have finally reached the Court of Claims of the United States. These Indians claim that the government has not fully carried out the provisions of treaties made more than 100 vears ago and that payments of. $1,000 a veat to Indian tribes, said to have heen agreed unon in the treatv of 1795, have not been made since 1836. In Rumania when a man dies there must be placed in his coffin a comb, 2. bit of soan and a coin to pay the fee due Charon, to ferry him over the River Styx, {| ASSERTS PRACTICE OF MAJORITY OF FARGO BANK CASE LETTER AND SPIRIT Chief Justice Christianson Con- demns Judgment Without Trial of Members of Banking Board—Declares Even Pilate Gave the Christ an Opportu- nity to Bear Witness—Agrees With Birdzell’s Conclusions “With all due deference to the views of the majority members, I be- lieve that the practice which they have adopted and sanctioned in this e is contrary to the letter and it of our laws, and that their de- on is erroneous in its entirety,” says Chief Justi A. M. Christian son in an opinion d majority opinion in the Seandinavian- Americar bank matter, recently deter- mined in favor of the bank and its of- ficials by a three to two decision of the court. Justice Christianson con- eurs fully in the dissenting opinion of é ute Justice Birdzell. The ma- jority opinion was signed by Justice Bronson, Robinson and Grace, all leaguers, and was signed by the first- named. In this opinion the Scandi- navian-American bank, closed by the banking board upon a report from bank examiners to the effect that it had made $750,000 in excess loans and that it was hopelessly insolvent, was held. to be solvent, and the bank- ing bourd was severely condemned for its action, Original Jurisdiction. Chief Justice Christianson, discus- sing the matter or original jurisdic- tion, assumed in this case by the su- preme court, declares the Scandina- vian-American bank of Fargo purely a private business concern, “It stands in precisely the same position as any other banking corporation, and if our Constituion still functions, it is sub: ject to the same rules and laws as other institutions of its class.” Clearly, the judge contends, conflict between the state the aminer 'and the banking board in this particu- lar matter does ‘not affect the sover eign rights of the state. “The va ous reasons advanced for assuming jurisdiction are excuses rather than reasons, and Jike excuses generally they tend to avate rather than diminish the very faults they attempt to palliate.” Powers of Examiner. The chief justice denies that Chap- ter 53, laws of 1915, cited by the banking examiner as authority for holding himself superior to the bank- ing board, curtails or abrogates any | “While | of the powers of this board. the majority say that the legislative intent, evidenced by Chapter 53, to take away from the state banking board the power to appoint receivers conferred by Section 5146 and to vest such power in the state examiner is so | plain that “he who runs may read,’ it strikes me as more likely that one who believes he has seen must have been running while reading —and running so fast as to be unable (Continued on Page Two.), DAKOTA'S BANK OFFERED HAGEN PEOPLE'S MONEY If $10,000 Would Help, Seandi- navian-American Was Welcome to It Hanshoro, N. D., Nov. 24.—. cerpt from a letter addressed Waters, manager of the Bank ¢ Dakota, to HW. J, Hagen, president of the Scandinavian American bank, written by Waters two or three day: after the Bank of North Dakota was established, read from the platform here by Attorney General William Langer, throws a new light on the state administration’s connection with the Fargo bank, that was closed re- cently by th ate banking hoard, and which was subsequently opened by or {der of the state banking board, Mr. Waters wrote Mr, Hagen: “Our dreams have been answer- ed and our prayers have come true, We are on a Jevel track with the rails greased. How much more money do you need? Would $10.000 more help ? * *” The excerpt was from a series of let- ters “read by the attorney general, which apparently came into his pos sion through the closing of the Far hank. and the files of which bank have previously produced such interesting documents as the Halliday “shoot-it-to- the-oth ue-banks” letter. Langer created a sensation at they meeting he addressed here. when he read the excerpts from the letters, and passed authenticated copies of the letters among the farmers to convince them as to their genuineness. The attorney general pleaded that the farmers of: Towner county send a farmer ‘to the state senate in next Tuesdays’ election who would) repre- sent the best interests of the farmers as against the socialist antocracy that has been established in the state. Wednesday evening Langer spoke at the Pidgins school in Smith township, 14 miles from Hansboro, and he talked to the crowd until 0 o'clock in the morning. nting from the | uch intent | GOVERNOR WOULD LIMIT COURTS TO SUCH ACTIONS AS HE PERSONALLY pee eee INDUSTRIES ARE CONTINUING T0 SUSPEND WORK Shortage of Coal More Severely Felt on Twenty-fourth Day of Strike ‘MINERS REMAI IDLE Determined to Refrain From Work Until Controversy Is Settled Chicago, Noy. 24.—Industrial planis all over the middle west continued to close down today. Fuel supplies 10 Ipublie utilities were curtailed further and the regional coal committee ad- vised individuals to save coal as the nation wide strike of bituminous mines entered its twenty-fourth day, The only large producing center re- porting an improvement during the jlust 24 hours was West Virginia where the output in the non-union field of the southern part of the state was sati hy the operators to be normal, The tors also asserted that additional nized mines in the N er and Kanawha districts in th ate Were expected to open today. In the great bituminous fields of Pennsylvania, Ohio. Indiana and Illi. nois the miners apparently were de termined to remain jdle until ettle- ment of the controversy over wages and hours is reached. r | VACTIONS MARK TIME 1 Was! ~— Operators competit Hinous coal fields marked time to- in their negotiations for a new awaiting af decisi {by Fuel Admin or Garfield as te {what portion of any we advance should he passed on the public. When the wage scale committee met this morning the operators obtained at journment until tomorrow at which {time they expected Dr. Garfield will be prepared to make statement based on further investigation of facts connected with the cod industry: Ditun ha re WYOMING MINES CLOSE Sheridan, Wyo.. Noy. 24-—Virtually every coal mine in the Sheridan field was Shut down today when the miners failed to report for work. YANK TROOPS TO REMAIN ON DUTY AROUND COBLENZ | Paris, Nov. 24.—The withdrawal of jthe American troops from Coblenz it occupied Germany is not ‘considered in American peace conference circles as pessary in consequence of the fai ure of the United States senate to'rat fy the German peace treaty. It ‘On {tended that fhe United States is still Jone of the allied and associated pow- HOPE ABANDONED “FOR RESCUE OF STEAMER’S CREW Believed Every Man On Lumber Boat Wrecked in Superior Is Lost Sault St. Marie, Noy. 24.—The slen- der hope held by marine men that some of the crew o fthe steam My- ron sunk off White Fish point in the gale of Saturday and Sunday night have survived y virtually abandon ed at noon tod when no further news was received by the various craft searching for a trace of the vic- tims. Sault Ste Marie. Noy. 24—Hoype that at least some of the members of the, crew of eighteen Of the lumber la den steamer Myron, owned by O. W. Blodgett of Bay City, which foundered near White h point in the terrifi gale which swept Lake Superior on Saturday and yesterday, would be res- cued was held out today by m: men here and captains of steamers who passed this port. Boats that ven- tured down from the White Fish shel- ter yesterday and last night brought reports of men being seen clinging to wreckage or lashed to floatsam froin the Myron altho attempts to rescue them in the midst of the enormous seas were futile. Wreckage from the Myron continued this morning to come ashore in great quantities while the entire bay is strewn with the lumber cargo of the boat. SERVANT GIRL WHO HAS COOKED AND PORTERED AND DRIVEN'THREE-TON BUS WOULD HELP RUN BRITISH GOVERNMENT | London, Noy. 24.—Tessie ‘Stev- ens, a seryant girl with a mass of dark hair and who generally goes about hatless, has signified her in- tention of entering the race for parliament cn the labor ticket. She is endeavoring to gain a “seat in the local borough council of Bermonsey and will then stand as the parliamentary candidate. She lias been employed as a cook, housemaid, cook's general, boss of a large common lodging house in Glasgow, porter in a chemical warehouse and a driver of a threé-toti lorry. APPROVES, SAYS JUST , the mine-owners ICE ROBINSON League Member of the Supreme | Court Pays Respects to Mili- ‘ tarism and Demagogery in Opinion Denying Writ’ Prayed By William Lemke Tying the Hands of Judge Nuessle “Whosoever soweth to the wind , Shall reap the whirlwind. In this state ‘as in the nation we have been winking jand blinking at lawlessness,” says As- ‘sociate Justice James Robinson, a | league member of the supreme court, ‘in his opinion denying William Lem- ke, vice president of the Nonpartisan , league and his former law partner, a | writ of prohibition preventing Judge "Nuessle from-enforcing his order for the return of the Washburn Lignite Co.’s mines. , Pandering to Labor Vote. “Pandering to the labor vote,” says Judge Robinson, “we have passed laws to permit and encourage strikes, pick- eting and idlene a law to permit any person to quit work in disregard of his contract, and to persuade others to do likewise; a law to prevent coal miners from working more than eight a day, and a law to subject mine to a tax of nearly five percent ,on their payroll, a tax of $20,000 on ‘the Wilton mine. We have a statute of twenty-seven printed pages sub- jecting mine-owners to fearfully ex- pensive, onerous and drastic rules and regulations. The result is that the pleasant summer days have passed with only a limited production of coal. We have sown to the wind, and we are reaping the whirlwind. The long, jcold winter is upon us, and without any grievance, our well-paid miners have quit work and struck pursuant to orders from some labor agitators. The miners were willing to continue work for the same wages, with an advance of percent to be paid jto the agitators and idlers. To this |the mine-owners did not accede, and the result is that with the military he governor has undertaken to oper- ate the mines. ' Governor and the Courts. ! {In district court of Burleigh coun- E ‘ ty, the Washburn Coal Go. sued for and obtain ed an injunetional : restraining such operation. The gov- ernor applies to, this court for a writ to forbid the district court and from interfering with his operation of the mines. His position is that the courts have no jurisdiction to interfere _with him when he acts as a commander of the militia, but that the-courts have juris- } diction’ to ‘aid ~him~by~ enjoining’ all parties from obstructing him; in other words, that the courts have only such jurisdiction as the governor may per- ; mit them to exercise; that the courts tmay aid him, but if they thwart his iwishes he may use military force to defy them and to turn them out of | their offices.” i Quotes the Constitution. The jurist then quotes from the i constitution to prove that the military shall be subordinate to the civil pow- er; that all men have a right to ac- quire, possess and protect property; hat private property shall not be taken or damaged for public use with- it just compensation shall have been first made to the owner; that no per- son be deprived of life, liberty or property without due process of law; | that all courts shall be open, and ev- jery man for any injury done him in this lands, goods, person or reputation shall have a remedy by due process ,of law and right and justice, adminis- tered without sale, denial or delay. ' “In every civilized government,” says the jurist, “the courts are the bulwarks of freedom and civil liberty, the refuge of the citizens for protec- tion of life, liberty and property. The , military power is for military pur- | Poses only. It may be used to supress insurrection and to repel invasion. It may not be used to take from him that has and to give to him that has not. order Question of Emergencies. “The shortage of fuel is in no way jdifferent from a shortage of bread and butter, flour and feed and other necessities of life, and who will say that such shortage does authorize the military to take bread or grain from one and to give it to another. It fol- lows that the governor has no juris- diction to declare martial law for the purpose of taking over the mines, or to cause anyone to do it, and any or- der to that effect is wholly void —Mo- tion denied.” Today’s Weather e—< | 1 ° For noon No i Temperature at 7 ‘Temperatu our hours ending at a m.. 2 at noon. terday . Precipitation .... Highest wind velocity | ‘Forecast For North Dakota: Snow this af- ternoon and tonight; cold wave witi zero to ten below Tuesday morning; Tuesday fair, colder south portion; strong northerly winds. | Lowest Temperatures, {9 Pargzo ‘cosas . 16. Williston + 32 St. Paul. ee Winnipeg . Seek Helena seo ae, Chicago . . 82 Swift Current. 9 12 | Kansas City.... 40 ORRIS W. ROBERTS, Meteodlogist. Marriage License. John Elich of Chicago, employed on one of the vessels of the Benton Packet Co., and Miss Anna Gruenberg ‘of thle ely were eated s leenbe ip marry Saturday by Judge I. C. Davies. THE Weadiig is pluhHedtor thi -weeks