The Bismarck Tribune Newspaper, January 17, 1920, Page 1

THE BISMARCK TRIBUNE == * (THIRTY-NINTH YEAR BISMARCK, NORTH DAKOTA, SATURDAY, JAN. 17, 1920 PRICE FIVE CENTS EMMA MAY) RETURN TO SAVE LAND Goldman and Berkman Not Con- tent to Remain in Soviet Empire NEED NEW GOVERNMENT Anarchist Expresses Hope That Next Election, Will Give Us One Wango, Finland, Friday, Jan. 16.— The United States army transport Bu- ford having on board 249 radicals de: ported from America arrived here at 3 o'clock this afternoon. Finnish. pi- lots could not dock the vessel, and a German pilot was summoned, WILL RETURN TO AMERICA Alexander Berkman and Emma Gold- man, who have been considered the leaders of the deportees, have declar- ed they will not remain in Russia but will “return to America to save it.” The reds on-board the Buford will be’ taken to the Russian frontier by United States labor bureau and immi- gration officials, LEAD RED PROCESSION After the Buford had been docked Berkman and Miss Goldman !ed 4 procession of radicals down the gang. plank a large number of persons as- sembled on the wharf gazing curiously at the landing. Finnish authorities will look after the safety of the de- portees. After they had landed Berkman aud (Miss Goldman talked willingly with newspaper men. Asked to give her opinion of her deportation the latter replied: UNFAIR AND STUPID “Jt was melodrama..to.-keep.dt. se- cret.” y “It was unfair and stupid,” inter- jected Berkman. “You can't kill ‘an idoa like that one. The czar tried and failed. He is dead and forgotten.” “Do you want to overthrow the Am- erfcan government?” Miss Goldman was asked. NEED NEW GOVERNMENT “You need a new, government, she answered, “and I hope the election will provide it.” It is her intention to return to Am- erica as soon as possible. VOYAGB WAS DANGEROUS During the three-day journey from Kiel to Hango the voyage was danger- ous in the extreme because the mines in the Baltic have not been removed by the German government according to various officers of the Buford who left the boat for a visit to this little town. An expert German pilot named Schmidt was in charge of tho vessel, swinging the ship around in wide cir- cles, or turning. sharp angies. Once he stopped during the night while the rudder chains ground with a fearful sound. The second night out a mys- terious and mutilated wireless mes- sage was received ordering a differ- “ent port of debarkation than had been originally planned. This caused a de- lay in landing here. SOVIETS NOT INTERESTED Helsingfors, Finland, Friday, Jan. 16.—Finnish authorities have inform: ed the-soviet government of Russia| of the plan to send Alexander Berk- man, Emma Goldman and ‘their com- rades across the border, but no reply has yet been received trom the Bol- sheviki. The Finnish communications requested that the Bolshevik troops cease firing when the party makes its appearance. ‘ : The Russians deported from Amer- ica will be placed on board locked cars and taken to a point about two miles from the frontier, accompanied by a Finnish military guard and a de- tachment of American marines. | Mail Plane Makes | Race With Death ED ey Chicago. Jan. 17.—Carrying a tube of anti-toxin the acro-mail plane took the air at 11:45 a. m, here today in a record breaking flight to New York, where the anti-toxin is needed to save the lives of three persons dying from the effects of olive poisoning. ‘The plane cut across ‘Lake ‘Michigan and raced toward Cleveland. The United States aerial mail plane to ‘New York was delayed this morning to wait for a pack- age of anti-toxin rushed by auto- mobile from the University of Ili nois at Urbana and which is urg- ently needed at the Fordham hos- Pital in New York for treatment of three cases of food poisoning. Two girls in New York whose parents and two brothers died after eating tainted olives and a youth who also was stricken can escape death only by use of’ the anti-toxin, attending ‘physicians belicve, — | | FOR EASTERN TRIP Mr. aud Mrs. J. D, Healow leave this evening on the North Coast limit- ed for a visit in the Twin Cities ana Chicago. BEER AND BOOZE MIX; BURLEIGH CORONER IS MULCTED FINE OF $10 Dickinson, | Jan. { they will do it, | trips sometimes result rather dis- | 17.—By Jove, | Little business | astrously, County Coroner Antow | | Beer of Bismarck blew into tie | | Queen City a few days ago on Such | {a trip but meeting with a-bunch of | {| his friends it was soon'a case of | | where business interferring. with | pleasure cut out the business. That | | is just what he did but it cost | | Beer dearly. Being onto the ropes { his friends found some rocky and’} the inevitable happened, even the | trip to the police magistrate tae , next morning and the customary | | fine of $10 and costs. Officer Tom j McDonough made ‘the arrest. + ——— ARREST UNDER AMENDMENT IN FOUR MINUTES Brooklyn Cafe Proprietor First Man Pinched, at 12:04 Today PROHIBITION NOW RULES Manufacture or Giving Away of Alcoholic Liquors Is Under Ban kee New York, Jan, after the eighteenth amendment le- came effective in New York this morning, 12:05 o’clock to he exact—a Brooklyn cafe owner was arrestel Ly an internal revenue inspector for sell- ing a glass of brandy. A bartender m the same establishment was arrested ‘@: minute later. i: 7 . si The final celebration of the passing of the wet did not come up to pre- dictions here. In some of tie better known establishments the 1ovelr sembled the traditional ™ Y eve celebration but for the mo the interested ones declir fling’/was a rather sad afta PROHIBITION LAW oF Washington, Jan. 17.— was the law of tbe nation today. ‘Tie constitutional amendment making it illegal to manufacture, sell or give away liquors or beverages containing more than one half of’ one per eent alcohol went, into effect at midnight last night and today vioiators facea prosecution under one of the most drastic laws ever promulgated to fit a crime other than a felony. DEPOSITS IN CITY BANKS VERY HEAVY STATEMENTS SHOW Pass Four Million Mark, Highest in the History of Bismarck Total deposits in the banks of Bis;| marck, not including the Bank ot North Dakota, amount to $4,520,000. figures compiled from the latest state ments issued by these institutions 2 of December 31, 1919 snow. This is} the highest mark the deposits have ever reached and is an excellent in- dication of the actual prosperity exist- ing in this city, These deposits are made up from savings accounts individual deposits, time and demand certificates of de- posits and United States ,funds on deposit. The capitalization of the 2 deposits are includes amount to $315,000. The banks, their capitalization and deposits, are as follows: Capital Deposits F National .. Cc National Bismarck Baw 65,000 Capital 50,000 First Gu 50 000 PAUL DESCHANEL “HEADS REPUBLIC —Paul Deschanel by M. Versaillés, Jan. 17. was elected president of France tho national assembly here today. Deschanel received 734 votes, There were $19 senators and depu- ties entitled to vote. Premier Lloyd George of Great Britain came to Ver- sailles for the ceremon;. BANDITS BATTLE WITH BANK STAFF New York, Jan. 16—Bandits bat- tled with bank clerks in an ineffectual attempt to rob the Manhattan Sav- ing institution at Br y and Bleck- er street at 11 o'clock this morning. Fully 20 shots were fired but none of them took effect, although of patrons were in the bank when three highwaymen made their attack. One of the men was captured when he retreated but the other two es- ca ; if -Four minutes "| building will have eight rooms and a score | selfish ambitions. served to reveal the complete tertained by the leaders of this between House Bill 60 and the discern it. under Trotzky and Lenine, can the constitution. North Dakota should give tha: crisis at an opportune moment. BISMARCK GETS TOUCH OF REAL . “WINTER AT LAST Mercury. Drops to Ten Below Last Night—Winnipeg Was Chillier | sismarck, vfter more than a month of balmy Indian summer, got a touch of real winter last night, when the mercury dropped ‘to ten below zero. Chicago and St. Louis and other points in the frigid zone have been suffering such temperatures for weeks past, but by contrast the drop was quite noticeable in Bismarck, which was the coldest spot on the weather map, so far as the United States was ; concerned, with the exception of Wil- | liston, where it was 12 below, For real chill one had to go to Can-) ada. Jt was 24 below at Winnipeg and 26 below at ‘Edmonton and 30 be- low at Prince Albert. St, Paul report- ed two below, and it was four belowy {at Moorhead. Snow is predicted for tonight and Sunday, with slightly warmer weather for tonight. BOARD OBTAINING | LATEST DATA FOR SCHOOL BUILDING ID. T. Owens, One of the Mem- bers, Touring State For | | Latest Improvements | In order that the new school build- ‘ing on the east side will embody as many of the best features of any sim- ilar structures in the state, the school board has sent D. T. Owens. one of} ‘its members, on a tour of the state }to investigate the Jatest types of schools which have been erected in | the larger cities, i | The board plans on starting the} j new $75,000 building in the spring andj plans will be drawn up, probably by A. Van Horn, the architect, who has designed most of the school buildings in the city, so that work can start as soon as weather permits. The new ‘will be entirely fireproof. = i Today’s Weather i ——_—_—__—_—_—____—_—_—__# 1 | For twenty-four hours ending at {noon Jan. 17, ture at 7 A. M. erature at noon Highest yesterday Lowest yesterday . } Lowest last night . | . Precipitation | Highest wind velocity i Forecast For North Dakota: Fair northeast; portion, snow west and south portions! tonight and Sunday; not dflite so cold} west portion to-night. \ Lowest Temperatures i i! | Fargo | Williston | St. Panl Winnipeg . Chicago ... Swift Current . H Kansas City .. ORRIS tt es z me DOO . ROBERTS, Meteorologist. | | | L Repudiated by a supreme court which they helped to elect, leaders of the Townley move- ment come out of the House Bill 60 fiasco dis- credited, stripped of the last shred of respect, exposed as men who would deliberately set basis of law stands between them and their Nothing since the organization of the Non- partisan league was first conceived has so any established form of government which | stands in the way of their plans. The conflict of the constitution of North Dakota, as amend-' ed, only a year ago through the dictates of these same leaders, was so apparent that the average grammar school student could easily AND STILL THIS MAN LEMKE, REPUTED FATHER OF THIS BILL, HAD THE TEMERITY TO GO BEFORE A DIGNI- FIED. BODY OF JURISTS, SWORN TO UP- HOLD THE CONSTITUTION AND THE LAWS OF THEIR STATE, AND TO ASK THEM TO STULTIFY THEMSELVES IN ORDER THAT HE MIGHT PUT THROUGH HIS SCHEME FOR THE MORE COMPLETE DOMINATION OF NORTH DAKOTA. Anarchy could not go further; Russia, even glarine example of a dictatorship which would override ‘all rights of the people and degrade Bill 60. It has put socialism—communism, if you will—to the supreme test in North Dakota. The conflict between the anarchistic will of an autocratic dictator and the constitutional will expressed by a democratic people reached a ; HOUSE BILL NO. URISTS REPUDIATE GOS ett ttt etter —S==__ tatorship been aside the constitution when that fundamental its hands tied, # IT 18’ WELL disregard en- movement for FROM A TRI clear wording . THERE BEEN THE BENEFIT Stripped of all forth, bare and offer no more stitution and nks for House vated him. Had the dic- LEAGUE LEADERS REPUDIATED BY ENDORSED COURT permitted to proceed further, . Welding ever tighter the chains with which it sought to strifle freedom of thought, of speech and of action, North Dakota might have awak. ened too late to the fact that it was enslaved, and its every avenue of free government closed. TO REMEMBER THAT THE DECISION WHICH HELD HOUSE BILL 60 UNCONSTITUTIONAL DID NOT COME FROM AN UNFRIENDLY COURT DOMIN. ATED BY ‘‘BIG BUSINESS.’ IT CAME BUNAL FOUR OF WHOSE MEMBERS WERE ENDORSED AND ELECT. ED BY THE.ORGANIZATION WHICH A. C. TOWNLEY AND BILL LEMKE DOMINATE. IT IS NATURAL TO BELIEVE THAT HAD A REASONABLE SHADOW OF A DOUBT THESE' JUDGES WOULD HAVE GIVEN LEMKE AND TOWNLEY OF IT. The thing which Bill Lemke sought to do to North Dakota was too glaring, too flagrant. Bill Lemke today is not a pretty spectacle. the shams of false democracy behind which he has sought to hide, he stands naked in his demagogery, re- vealed in his true light as a petty autocrat, a man who would abuse the power of a tempor- ary majority, and who would sacrifice the con- the guaranties which he, as a stepping stone to power, helped to secure, in order that he ‘might fortify the dictatorship to which a misguided constituency has ele- The constitution still governs; there is yet such a thing as law and order in North Da- kota; Bill Lemke and A. C. Townley and an- |}} archism and communism are in eclipse. i Will an outraged electorate arise and fur- ther redeem itself? AUSTRIAN FLEET HASSCAPA FLOW Vessels to Be Handed Over to Allies Found Wrecked and Dismantled Geneva, Friday, Jan. 16.—A war vesscls which under the terms of, the peace treaty must be handed over} to’ the allies have undergone a second “Scapa Flow” but on a smaller scale, | according to a telegram received here from Turin, The dispatches state that the: allied naval command which arrived re ly at Cattaro confirmed the first re- ports: that the Austrian iiect had been seriously disabled. , WORK OF DESTRUCTION The Austrians were said to have de- stroyed or removed the principal parts of the machinery of the ships rendering thém incapable of naviga- tion only the hulls remaining in good condition. Repairs it is said, will be required several months, The fleet includes one battleship. three large cruisers, foug torpedo cruisers, twelve torpedo boats and some smaller craft. The Austrians are declared to hav acknowledged the damage but to hav blamed the Czecho-Slovaks and the Jugo Slavs, MINNEAPOLIS PAPER CO. SUFFERS DAMAGE Minneapolis. Jan. 17.—-Damage estimated at $109,000 was suffered by the Minneapolis Paper Co. as a result of a fire which is believ- ed to have. started in the fuel room in the basement of the plant early this morning. The greatest damage was the result of smoke and water. The fire was confin- ed mostly,to the basement, j Remington, RK. DIRECTORS NAMED _ BY STOCKHOLDERS ‘OF CITY NATIONAL Report For Past Year Shows In- stitution Has Had Wonder- ful Growth At the annual meeting of the stock- holders of the City National bank this week directors for the ensuing year were elected. The directors are P. C. D. Ward, G. FP. Dul- lam, J. A. Graham and J. B, Rhud. The annual meeting of the directors wilk probably be held at which time offi for the present year will be .; named. This bank has Cnjoyed a very pros- perous yeur the latest statement shows, deposits amounting to prac- tically $1,000,000, Time depos total $442,000, individual deposi and cert tes of depo The capitalization of the 3 tional bank is $50,000 and the surplus} fund and undivided profits amount lo 075. 7 CARYL B. STORRS, |_| WOULD END LIFE) | Z | Menneapotis, Minn, Jan. 16—Dr. | U. Storrs for twelve years mu- 1 and dramatic critic on the Min- neapolis’ Tribune and one ot the best known newspaper men fn the north- west, is believed to have attempted suicide by shooting himsclt in his head at his apartments here shortiy before noon Friday, A porter who heard the shot found Dr. Storrs lying jn front of a mirror, a revolver clutch- ed in his hands. Despondency fol- lowing the contraction of a chronic disease similar to typhus while serv- ing in Serbia with the American Red Cross mission is believed to have in- spired the deed. é Dr. Storrs was born in Michigan 45 years ago. He came to Minneapolis} jrom Lansing, Mich., twelve years ago| to become critic on The’ Tribune staff, | SIMS TOLD AMERICA WOULD JUST AS | SOON FIGHT GREAT BRITAIN AS ANY | OF CENTRAL POWERS, HE TESTIFIES | Washington, D. C. Jan. 17. Rear Admiral Sims told the sea- | ate committee investigating na- val awards today that when he }{ was ordered to England in March. 1917, just before the United States entered the war, he was instruct- ed by the navy department “not to let the B h puil the wool over your #y and that “ would just as soon fight the Brit- | ish as the central powers.” The admiral also ctiiarged that American naval headquarters in London did not receive coopera- tion from the navy department and that the departinent did not arrive at any decided plan of ac- tion until ten months after he ar- rived in London. ‘He added that “it was ten months before we really came to the aid of the al- j or acted on their recommen- dation. s { t FROM SIMS | LET Admiral Sims’ testimony was in the form of a letter to Secretary Daniels entitled “Some naval | sons of the Daniels re THe letter ment for attempting to admin the details of action by the Am- erican naval forces ov alleged that the department de- manded that it be permitted to pass fully on all plans even those regarding actions against the en- emy. When Admiral Sims finished reading the letter Chairman Gale announced that the tull naval committee to investigate Admiral Sims’ charges of lack of coopera- tion or to appoint a separate sub and } | and sent to j destitute, and if 60 NULL Sr teem PEL OF TOWNLEYISM CONSTITUTION GOVERNS DURING SPECIAL AS WELL AS REGULAR SESSIONS, SUPREME COURT SAYS Contention of Bill Lemke That Document Can Be Suspended at Will Untenable, Declare Jurists—Judge Robinson Alone in His Dissent—Expected That Referendum, Election Will Now Be Called on House Bill 60 By Governor Not Previously Interested in Giving People Vote ) Holding that ‘‘a special session of the legislative assembly is governed by the constitutional provisions presi of a legislative ject to the legis ribing when the acts embly shall become operative as laws, and is sub- tive power of thépeople reserved in the initiative and referendum, in the same manner as a regular session of the legis- ative asse’ -? y 7 } ¥ at lative assembly, * the supreme court in a four-to-one decision late Friday afternoon ruled that House Bill 60, which attempts to give effeet within ten da session is effective This, probably the most imy from passage to all acts of the reeent special a law until July 1, next. portant decision, in the history of the supreme court, appears to have come as a surprise to the league administration, whieh had confide ntly contended that House Bill 60, defended by William Lemke, viee president of the National Non- partisan league, would be upheld by the court, four of whose five members were elected with the endorsement of the league. The opinion of the court is written by Associate Justices Bronson and Birdzell, and is especially concurred in by Chief Justiee Christianson and Associate Justice G i J e.- The court upholds practically every contention raised by the state through Assi i istants Attorney Gen- eral Sheets and Cox, who argued the bill before the bar of the supreme court. | | CHRISTIANSON’S OPINION i “Upon the oral argument it was ‘frankly conceded, and the mem- bers of the court all agreed, that if House Bill No. 69 had been en- acted at a regular session of the . legislative assembly it would’ un- questionably be invalid as viola- tive of Section 67 of the constitu- tion. But it is contended that Section 67 appliesOhTy fo laws’ en- acted at a regular session and has no appli to Jaws enacted at a special session, of the legislative assembly, The question presented in this e is whether und, ell, “Bronson ant id that Section 67 legislative enact- ion. In the opinions pre- pared by Justices Wirdzell and Bronson many, and it seems to" be unanswerable, reasons are ad- vanced for the conclusions reach- ed. “T shall not endeavor to ad- vance further for different reasons. In fact I am of the belief that Section 67 furnishes its own argu- ment. No act of the effect, etc.” o act enacted session of the legis- lature shall take effect. etc.’ The language is all-inclusive. It—and the preceding sections,—cover all legislative enactments whether enacted at a regular or a special legislative s By the ex- press command of the constitu- tion this language must be con- strued as ‘mandatory and prohib- itory.’ Const. Sec. “It is the sworn duty of the members of this court to give ef- fect to the will of the people as expressed in the fundamental law. Hence, it must be held that House Bill No. 60 contravenes Section 67 of the constitution and in fact is no law at all.” —A..M. CHRISTIA’ MANDAN SHIPS SMALLPOX CASE ACROSS RIVER Local medical men expres3e: indignation yesterday over th ed shipping of a Mandan case to this city, The victim was a woman, who reported to isiarck physicians that she was placed in a taxi by a Mandan health authority In Mandan, she 4 et said, her case had been either r woman, it is said, out with smallpox, contagious stage. returned to Mandan, where is un- derstood the health authorities have taken proper steps to have her ad- mitted to the Bismarck detention hos- jrulent, most She was promptly na woman is said to have been he had been commit- ted to the hospital from ‘Bismarck s would have become a ¢ charge. report of the incident h been made to Attorney General Langer of the state board of health. ro Aberdeen entered the Rockham, near Redfield, eariy today and escaped with ‘about $5,000) in bonds taken from safety deposit box- es. committee to conduct the inquiry. | The bandits unsuccessfully tried to blow the safe. | by | emergeney measure, WHAT COURT HOLDS In bricf, the court holds that the legislative power pursuant to the con- stitution is yested in the legislative assembly and in the people through the initiative and referendum. ‘This legislative power, pursuant to the constitution, may be exercised at Session of the legislative assembly, y the people at the polls, through and referendum, 1 session of the legislative ant to the constitu. ion’ of the legislative assombly, tion, Isa m of the legislative governed by the time when acts of a legislative assembly shall become operative as laws, and is’ subject to the legidlative! power of the people reserved jn the initiative and referendum, in the sawe manner a regular session of the legislative assembly. An act of a legislative assembly, consonant with the constitution, be- comes effective as a law immediately upon its pa ge and approval by the governor, when stated and adopted by the legislative assembly as an emer- gency by the two-thirds | aflirmative yote required by the constitution, Séc- ond, on July 1, following the close of the session, unless made subject to a reférendum to the people, where- upon, by an allirmative majority of the electors, it becomes a law, and cf: fective as such, thirty days after such clection, unless otherwise specified in the act; .—On a date, prescrib- or otherwise by legis- y, Subsequent to the cor stitutional date of July 1. ACTS OF SPECIAL SESSION “The acts of the special session of the legislative assembly of 1919 are subject to the provisions of the cou- Stitution, prescribing when acts of a legislative assembly become effective, and. to the legislative power of the people reserved in the initiative and referendum. The acts adopted at such special session not as emergency meas ure: enate Bill 40, changing the composition of the state auditing board, and House Bill 44, altering and reducing the: state budget—do not be-+ come operative as laws until July 1, 1920, unless made subject to a refer endum to the people. and sooner rati- fied by the people at an election, pur- suant to the constitution. “The act, House Bill 66, provides that a}l acts pas specia) session, not emergency meas- ures, shall be operative as laws with- in ten di after the ‘close of such special n, and which was adopted such special session. not as an pursuant to the constitutional provisions, is not ef- fective as a law, either, until July 1, next, or unless sooner ratified by the people, pursuant to such constitutional provisions, and therefore does not ap- Assembly ;| ply to the time when Senate Bill 49 and House Bill 44 become operative as laws.” | HOW CASE STARTED While the bills referred’ to are only two of 72 acts of the special session which would have been made effective by House Bill 60, they were made the point of attack through which the state auditing board and the attorney general brought the issue before the supreme court. which complied with a petition praying for an alternative writ directing the state treasurer to sonnel of the auditing board and materially reducing appropriations of insurgent state officials, MAY BE REFERENDED It is now suggested that altho three yf the four ji es whom the league elected to the supreme court refused to approve the course adopted by the majority in passing House Bill 60, an effort will be made to gain rati- fication for the measure through a (Continued on Page Six)