The Bismarck Tribune Newspaper, January 26, 1920, Page 4

Entered at the Postoffice, Bismarck, N. D., as Second f Class Matter GBORGE DB. MANN, Editor Foreign Representatives G. LOGAN PAYNE COMPANY, CHICAGO, - = eee Marquette gs. bd a : PAYNE, BURNS AND SMITH ; NEW YORK, - = - - Fifth Ave. Bldg. MEMBER OF ASSOCIATED PRESS * The Associated Press is exclusively entitled to the us for publication of all news credited to it or not otherwise @redited in this paper and also the local news published DETROIT, ~Kresge Bldg. berein. All rights of publication of special dispatches herein are also reserved. MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE Dally by carrier, per year .........+. a 2 00$7.20 Daily by mail, per year (In Blamarck) Daily by mail, per year (In state outside Bismarck, Dally by mail, outside of North Dakota .. THE STATE'S OLDEST NEWSPAPER, (Established 1873) ee WHY HE WAS BARRED Misapprehensions as to why Victor Berger was denied admission for a second time to congress continue. ® / Berger was not barred because he was a socialist. He was not barred because he was an Austrian. He was not barred because he is under convic- tion of violating the espionage law. But, he was barred because he could not qualify for membership under the clause in the constitu- tion which denies a seat to any person who has given aid and comfort to the enemy in time of war. The congressmen who barred Berger had sworn to uphold the constitution. It fixes centrain qual- ifications for admission to congress. The con- gressmen who voted to bar him believe they are simply standing by their oath in seeing that a plain constitutional provision as to membership was observed. Berger was barred because congress, by an in- dependent, investigation, found he had given aid and comfort to the enemy by actively working to achieve the aims of the “war platform” of the spe- cial convention of the socialist party. This pledged it to use its efforts against any effort of the United States government, then at war with Germany, to raise armies or money with which to win the war. Congressmen specifically avoided using against Berger his conviction in a federal court at Chi- cago of violating the espionage law for which he is now under: twenty-year sentence and out on bond pending appeal. The league was born in a foreign country, but it was sired by Uncle Sam and there is good blood back of it. ‘ ‘ WHO WON THE WAR? General Pershing’s offical statement that Amer- fca won the war has drawn fire from the British war office. aid War ‘figures, designed to combat Pershing’s statement, have been officially sent broadcast in Britain. wale hl dee gdietty * The British war office ignorés Péfshihg’s state- inent that it was the American Argonne driye that mide it impossiblié: for (Get many, to ddatinue the struggle fo 1919. 08001) Ph" ial ‘Mostly figures” sizes up the, British ‘statement, which comparés ‘army btrength and captures. | » One British table, as follows, gives the number of prisoners and guns captured between July 18 and November 11, 1918: Prisoners Guns British armies .............. 200,000 *2,540 ‘French armies .... .. 185,720 1,880 American armies .......).... 48,800: 1,421 Belgian armies ............5 14,500. 474 » The British wat office does not compare the number of Germans killed by the various armies after America got in. ‘ . And while British and British colonial: total casualties for the period of the war are given, no figures are given to compare the losses of the dif- ferent armies after the American armies. arrived: The British figures also show that in. March, 1918, the British had more than ten times the number of combatant troops in France than America had; but that six months later, at the height of the- victory offensives, the American &nd British combatant forces ere practically equal. j 4 In Berlin, those who favor law and order are the ones who see no chance of personal profit in a revolution. RAILROAD FACTS , Pending railroad legislation provides that. the {nterstate commerce commission shall so adjust Yates, fares and charges on the roads after they | go back to private ownership as to give the roads five and one-half per cent upon the aggregate value of the railway property of the roads. ' The amount invested in railroad properties in the United States in 1917 was $19,080,062,004. .. The average railway operating revenue for the three years 1915, 1916 and 1917 was $3,480,992,- 630. ; The five and one-half per cent guarantce ap- BISMARCK DAILY TRIB ‘s THE BISM. ARCK TRIBUNE 'plied to the property investment of $19,080,062,- 1004 gives $1,049,403,410. Deducting this from terest, etc. since 1917 in expenses of operation. Operating revenue averaged $334,511,896 per month in 1917, and for the ten months ending Oc- tober, 1919, it has increased to an average of $429,- 280,249. But this increase is only half as great in proportion as the. increase ‘in salaries and wages on the roads. During government opera- tion comparatively little money has been expended on development of the roads. ° Thus, in order to pay the owners of the railroad properties the five and one-half per cent return on the amount invested in property it will be necessary to provide a substantial increase in revenue, ; This can only be accomplished by increasing rates. The rates will come out of your pocket. ‘’ | The Indiana hog that sold for thirty thousand dollars clinches the argument that hogs are re- sponsible for high prices. ; The birth rate in Paris is still declining, and by loafing on the job the stork may eventually do what Germany couldn’t do. The draft of the note asking Holland for Wil- helm wasn’t the first. "That draft in charge of Crowder started the thing: Ai ayere re) ' ‘The more we study the situation in Europe the firmer the conviction that those who got killed in the war were the lucky ones. | Nitti says the Adriatic question is up-to the | Jugo-Slavs. Sure. If they will give up their rights, everybody will be happy. s ccaiinmenmnammnemeraaetanen’ | WITH THE EDITORS =| Nis tt ea eee A LEAGUE VIEW OF “60”. Just to say that the supreme court is not a tool as the cuckoo press of the state would lead its readers to believe. Following close to the letter of the law, four judges of the supreme court de- clared against the validity of house bill 60, passed by the special session, declaring all acts passed by the special session were emergency acts. The principal point decided was that since/house bill 60 did not receive a two-thirds vote of the legis- lature it, therefore, was not an emergency meas- ure, and does not, itself, take effect until July 1, and does not affect the laws passed at the special session. The only serious effect of the decision is the holding up of what is known as the “cow bill,” which permits the counties to furnish \farmers in the drouth-stricken districts with a herd of dairy cows. This bill did not receive the two-thirds majority emergency vote because of the solid obstruction of the I. V. A. minority. It was one of the reasons fot calling the special ses- Sion. . Each, member of the supreme court: wrote a separate decision—demonstrating that the court is not a tool, but that each member is conscious of his duty as he honestly interprets the law, not- | withstanding Justice Robinson, in his dissenting opinion, gently and indirectly reminded them that the Master and Great Teacher said it was the let- ter of the law that killeth but the spirit of the law maketh alive—Emmons County Free Press. THE ONLY REAL REMEDY “The Bismarck Tribune facetiously suggests as a successor to Charles E. Stangeland, state librar- ian, Mr, Alexis Georgian, wife of the well known radical, who has recently been ousted from her Minneapolis book shop. | We submit that:she has unusual, qualifications for the job. She comes from outside the state, which is the first qualification demanded of an official by the red brotherhood. Her husband has been arrested and almost deported, and she her- self ‘has been ejected by a court order for “per- mitting immoral practices—such immoral prac- ticed consisting of the sale‘of literature advocat- ing disloyalty.” And there is every reason to suspect that some- body of the caliber of Stangeland.or Mrs. Georg- ian will be appointed to the vacancy as long as we haye Governor Frazier in the chair taking orders from the reds. There is but one way to guard against such ap- pointments, if we don’t want a pitched battle every time a vacancy on the state payroll is filled; and that is to get a new governor. If the people \will appoint a successor to Frazier they can quit worrying about the successors to the Stangelands ,and the Tottens. By the way, Rev. George Totten is still on the job, isn’t he? ‘Mr. Totten’s promises evidently are not to be taken at their face value. He sol- emnly promised to resign if Stangeland went, but he hasn’t pried himself loose from the public trough yet. Just how iwuch is Mr. Totten’s word worth ?—Fargo Forum. - ce 4 BEAUTY AND THE BEAST. the average railway operating revenue for the p BIR TaN A BRM Se So dat age three years stated, there remains $2,431,589,220 with which to pay operating expenses, taxes, in- These items amounted to approxi- .|mately $3,500,000,000 in 1917. There has been, of course, a material increase BY JUSTICE J. SATURDAY EVENING LETTER | | have exceptions too numerous to men- | E. ROBINSON | : | January 24, 1920. Recently our court adopted a splendid rule, formu- lated by Mr. Justice Grace. When a party appeals to this court he must at once serve his brief and file copies of the samé with the clerk of this court. Then, within fifteen days, the respondent must serve and file his brief. In thaf' way, every appeal should be heafd and decided ‘within thirty. days after it is taken. Of late Ihave not been reporting | the absences of-our judges, but I must commence again—and must give Jus- tice Bronson twenty black marks for long continued absences without leave. On every day during business hours the honest duty of every judge} and of every state officer is to be at} his place in the capitol. On House Bill 60 the recent decision of our court gives demonstration to the adage that miracles will wever|- cease. Of course we all knew in ad- vance the opinion of Mr. Justice Christianson: He still fails to recog- ‘nize the ten constitutional amend- ments. The opinion of Justice Bird- zell was not so easy to forecast. Having long held. office under the old. ‘liners, he is considered’ a little uncertain politically, . and only a good half breed. Justice} Robinson is) much, “the, same. ‘You never know “where to’ find him, only on the side of right and justice; but as Nonpartisans, Justices Grace and Bronson have always been con- sidered true blue. Their flop is a mir- acle. They must have seen @ great light similar to that which shown around Saul of Tarsus and caused him to fall to the earth and to lose his sight for three days. Of course they claim: to follow where reason leads the way; but they might have found good reasons for a. different decision? | The question is on a:clause of th ten amendments which were ‘submit- ted and adopted in 1918. It is: “No act of the legislative Assembly shall take effect until July first after the close of the session,‘unless by a vote of two-thirds the Legislature declare it an emergency.” House Bill 60 of the late emergency session is that all acts passed at an extra session shall take effect ten days after the lose of the session. The regular fesin commences in January and ndg in March, An extra session has been of very rare occurence, almost a thing unknown. It may be held in| July, or any month. of the year. If} the emergency law applies to the close of an extra session, then its reading ig to this effect: “All acts passed at a general session, without an emer- gency, shall take effect on: the first day of the ‘following July (ninety days after the close of the session) ; but acts passed at an extra session, without an emergency, shall take ef- fect from one day to twelve months after the close of the session.” If a special session were to close on the last day of June, acts would take effect | on the next day; but were it to close on the first day of July, its acts would not take effect, for one year. If the emergency clause had provided that no-act should take. effect until sixty or ninety days after the close of the session, that would have made a uni- form rule to govern all legislation. Now, as the emergency clause cannot apply to an extra session without ren- dering it wholly ineffective, the ques- tion is, does it apply to such a ses- sion? We all know that in 1918 the amendments with the emergency clause were framed, submitted and adopted by the party then and now in power. The call was for every per- of an extra session. The party in power knew well that they would have to éncounter the strenuous opposi- tion of an obstructive party fully com- petent to muster over a one-third vote against any majority measure. It cannot be that the purpose of the majority, was to pass a clause that would bind them hand and foot and make their success impossible. If applied’ to’ the extra session, the lit- eral meaning of the emergency clause would make the session futile and a needless expensé and no purpose. Hence the literal:or surface meaning is contrary to the accepted maxims of construction. Laws and contracts, should be con- strued to give effect to the purpose of those who make them. The law respects form less than sub- stance. Interpretation must be reasonable. Interpretation which gives effect is to be preferred to one which makes void. The rules of law are. made for things that are common, not for things that are of rare occurrence, (like extra sessions). Who sticks in the letter sticks in the bark. To. every general rule there are. ex+ ceptions which’ accard ‘with ‘reason and. common sense.. ‘Thus, in:Shakes- peate ‘we’ often find” éxceptions to the simple rule that a verb must EVERETT TRUE fOrFiCce Man — 7S IBGATING A ‘|TATTOCO "agree with its subject in number and person.. | Rach of the ten commandments ;tion—“On the seventh day that thou shalt do no manner of work,” unless | works of urgency, necessity, goodness jand such like. “Thou shalt not Kill”"~-unléss in self defense, or to :prevent a! great crime or an execution and sentence tof law, ete. “Thou shalt not steal,’—unless in case of extreme necessity, etc. And so we have numerous commands ,of the law to which reasonable ex- ;ceptions are understood: ” “Whosoever .draws,.blgod on the street is guilty of a felony,”—unless in case of a surgeon who bleeds a per- son to save his life. Such exception is understood and not expressed. “Thou shalt_not sell or give away liquor medicine,”—unless to save from death by flu oy pnoumonia, the at- torney general his wife,Jor a mem- ber of the supreme court, or some other good person. To every general rule of law and ethics the exceptions are too numerous to mention. ' The lit- eral and narrow meaning of the bible and of every document is always the most obvious, and to give it literal credence and effect’ is the most ‘natural and childlike impulse. It is only under a broad and comprehen- | sive vision that true effect is given !to the scriptures and to the reason and spirit of every statute. The first {tule of interpretation. is, or; should be, for’ man, and not man for the.laws. To. give: proper ‘ferce® to. the .emerg- ency: clause; we must-consider, that it was made’ as a part of several amend- ihents to establish great industrial en-. EvERGTT, I SEE YouR OFFICE MAN'S FACE IS LL SPATTERED son to vote yes ten times, and so the yote was given without any thought ‘ nent Took Her Daughter Away From School Mrs. Urban Was Too Nervous to Look’ After House—Quickly Restored By Tanlac © “Tanlac hag doue.me more goud than all the other mediclues I have taken, in my whole life before,” said Mrs, Frank Urban, wiho'resides at 831 Magnolia St. St. Paul, Minn., recent- ly. Continuing, she’ said: ' “Yor five yeats | have suffered ‘from stomach trouble and extreme neryous-.° ness, I hitd, sacreely ‘any’ appetite’ te speak of aud when [did manage to, cat a litte something. it would, sour and ferment, gas would form, and, 1 would bloat “something awful, My heart would palpitate’ badly and. I Would suffer from shortness Of breath. I was also troubled a‘ lot with consti- pation, and my head would ache until T would nearly go wild, and 1 would have such dizzy spells it would be all I could do to keep from falling. My ei ly horrible. ghtest nvise out of would ‘completely upset me. Night after night I would lie in bed until 3 or 4 o'clock before 1 could ever get a wink af sleep and would xet up in the morning so completely tired out I could not even get my owr. breakfast. Then again I would have spells when 1 would shake just like 1 was having a chill, and these spells would last for an/hour or more at-# time. I finally got so I could not, an- swer the door bell, for when I went to the door T would become so nervous I seemed. to be speechless and wouldn't be able to talk, not even if it was ‘one of my neighbors, I -grad:, ually became. so weak 1 could not ‘de , my housework, aid had to keep: my. daughter heme ‘from schogl to look aftey the house, “T had been reading, many of ‘the testimonials‘ regarding Tanlhe and. at last read one from ‘a lady who, lived St.. St. Paul. and I called her er ‘the phone and asked her about s I had taken so many different medicines without getting any benefit Ihad become rather skeptical. She verlficd the statement and recommend- ed Tanlae so highly T began taking “ it. ras certainly justified in her ie of it, for T think it is the great- est medicine on earth. I have only taken fcur bottle, but am entirely over all my troubles. T have a fine appetite and everything T eat agrees with me so well T never have the least fear of | any bad after effect My nerves are in splendid condition again and Tcun sleep as ‘soundly as a child. I have, regained my strength, and ean now do all my housework without. becoming tired except in a natural way, and the headaches and dizzy spells are. things ,, of the past.’ Tanlac is sold in Bismarek by Jos, - Breslow in Driscoll by N..D. and J. He Barrette and in Wing by H. P. ‘Homan. Advt. mE ——SS==aBh9==ED_ i ERS aD eee terprises. The amendments. .were formulated and adopted by a major- ity party. for the avowed purpose of making it possible to’ conduct, not merely a . governmental agency, but. also a great industrial department of state.’ The purpose was. to make the: several enterprises a great success. To do that it was necessary to give additional powers to the lawmakers. and directors of the state corpora- tions: and not to bind them hand and foot and subject them to the mercy of their enemies. In business mat- ters the lawmakers of the state cor- , poration are its directors. They ¢an- not ‘hope for a business sucédsd::in- less they be given all necessagy! pow, ers, such ‘as are, common to the di- rectors “of other corporations. It ig common knowledge the directors of every .general business. corporation mpst. often! meet ‘for emergency ; pur- pases,:and Ilke/the genera]iof kn'atmy, they''must be free to give commands, to make rules and .to give the same \ immediate effect. But under the rul- ings of our court the state directors are bound hand and foot and are ’for- bidden to give any direction timely effect, even though ‘it be necessary. to prevent the wrecking of the state. Certain it is that’ no corporation ever did or ever can do business in ‘that way. Well, what can’t be cured must be endured, Under the ruling of our court nothing can be done to give proper relief without submitting and securing the adoption of several other amendments. ; In Great Britain the Parliament-has:; always been supreme and no one has * ever attempted to declare void. any of its acts. And such was the rule in America until changed by’ a de- cision of Chief Justice Marshall. Since then the courts, even by a maiority of-one judge, have arrogated to them- selves the right to overrule the acts of our parliaments. ‘That -power may not long continue, as'the people are learning to trust themselves and the lawmakers and are learning that courts ‘are far from belng infallible: JAMES E. ROBINSON. UNITED FARMERS OF. . MANITOBA. TO ENTER NATIONAL: POLITICS“: Brannon, Man., Jan, 26——The Mani- toba Grain Growers’ association; ‘at its recent conyention, changed _ its name to the United Farmets ‘of’ Manhi- toba and the association is’ preparing to! enter vigorously. .into ,the federal, ) political arena, Farmer candidates, will be entered ‘ini every riding ati thé '* next’ Dominion election,. it: is .under-;! stood. The convention ‘seemingly has been divided on the question of provincial political action, some delegates sup- porting T. C. Norris and his ministers on the ground that hey are farmers. « Provincial conventions are to be held in Alberta and Saskatchewan, A few men’s tailor made suits for sae below cost; sizes 36 to 38. Eagle Tailoring and Hat Works, opposite postoftice. { ‘Tribane Want Ady bring results. © \ | | ue aw a