The Bismarck Tribune Newspaper, February 21, 1920, Page 6

is SIX APPEAL TAKEN IN NEWSPAPER TRUST ACTION Supreme Court Asked to Pass on Legality of | Brinton Press Grab, Records for appeal havi in the state supreme court in the case of Timothy P. Daly, 2 Grant county taxpayer, plaintiff and appellant, vs Robert D. Bee rant county, ing the stitutionality of al 1919 on law. gommonly known as ther > spaper Bill. | The action is on an appeal from an order d hy District Judge Wi: ©, en the position ‘of the} was upheld in effect] but the > temporarily restrained | from ing for couniy publications appearing in three week newspap-/ ers other than thar désignated by/ the state printing commission as the official paver. | “TION BEGUN FEB. 2 According to the records in. the case, the action was commenced on Februa by the nance of a sum-| mons which was served on thé de-| fendants. The Grant County Leader, id to be ynpartisan league pab- lication, he heen named official newspaper by the state printing cen mission. The suit was brought to pre- vent payments for notices and similar official matter published in the Car- son Press, the New Leipzig Senti and the Shields nterpri which the county comm designated as clared to be involved held before Ju sixth judicial @ A trial was! Crawford in the! trict on February 6. efendants in the action demurred the complaint did. not alleging that state facts su cause for action. In support of the demurrer it w ontended the news- paper law in tion was unconsti- tutional, the attack. being made on the three grounds: GROUNDS OR it violated a DEMURRER QQ) Th section of | the constitution providing that mo} bill should embrace more than one subject which should he expressed in its title: That it embraced more than one subject in the Same ac (3) That it too “con- stitutional powers given to the coun- ty commissioners for the transaction of the fiscal business of the county. The title of the bill in question read as follows: “An act creating a state publication and printing, commission; prescribing «its dui and powers, and repealing all acts and parts of acts in conflict herewith.” Judge Crawford declared the act “repeals and modifies something like one hundred sections of our statute and is very comprehensive concern. ing the subjects treated,” that many of the matters it contained were “not even ‘hinted at i the title” and that it “certainly contains more than one subject.” CKAWPORD'S OPINION The judge's opinion conctude: “Since this is a friendly action ta determine the rights of the parties in this matter and both sfdes are anx- iqus to ‘have jthe imatter ‘:feedily submitted to the supreme court for} final determination, the court «ill | grant a temporary order In favor of the plaintiff, restraining the county commissioners of Grant: ccunty from paying any bills for public printing} other paper except the paper by the printing commis. | ase is finally determ-} E.R. money for the plaintiff, contends that Lanterman of Mandan, at- even if the title of the act is not broad enough the fact that the meas. ure was approved hy vote of the peo- ple. is sufficient to establish its ef- fectivene: The district court held “untenable” the plaintifi's position that the people’s vote cured what- ever defects might appear in the title. The defense in t resented tb I. Suilivan of Man- dan, who is attorney for the North Dakota Press ‘association, and T, F Murtha of Di on, Date for hearing of the case had not yet beon fixed by the supreme] court on February 19, the records having been filed on that date. FINE FOR. RHEUMATISM Musterole Loosens Up Ti.vse Stiff Joints—Drives Out Pain You'll know why thousands use Musterole once you experience the glad relief it gives. Get a jar at ove from the nearest drug store. It is a clean, white oint- ment, made with the oil of mustard. Better than a mustard plaster and does not blister. Brings ease and comfort while it id being rubbed on! Mustezole is recommended by many doctors and nurses. Mil used annually for bronchitis, croup, stiff neck, asthma, neuralgia, pleurisy, rhev.- matism, lumbago, pains and aches of the back or joints, sprains, sore muscles, bruises, chilblains, frosted feet, colds of the chest (it often prevents pneumonia), 20c and 60¢ jars; hospital size $2.50, been filed | auditor and! BISMARCK DAILY TRIBUNE \ SATURDAY, FEB. 21, 1920 WHEN GEORG E WAS YOUNG INDIAN BATTLES Commercial Club Secretary De- ribes Expeditions Sent Out) Under Commands of General Sully and General Sibley. fs Scraps of carly Indian history filled with camp: f nytinst the re ins culled from v from this: statement covering the local Indian history of the’ Mis souri river and slope in 1863 and 1864 are as folloy ‘ Two expeditions were organized by Gen, Jolin Pope in’ 186%, with the purpose of subduing the Indian up- rising, particularly that of. the Sioux. Gen. “Sibley (reached “Camp Pope, the Minnesota valley pear Mankato, on June 1¢ “G3, and proceeded over- land to Der ake, where it was reported that Indians were in ¢amp in considerable number, He found them gone. hut pursuing them in 4 southwesterly direction, he engaged | them on July 24 Mound, corpts ke on duly 28, engagements the Ind sigually defeated, without great loss to Sibleys men. 29 the Indians arkived at i and crossed the miles helow the present site of Rismarek G Sibley pursued them to this point neteil chat they lind crossed the M i He. then returned io his home of Mak Sv he s¢ Gen. Sul orders, y Misse cut off the ret tof the Gen, Sibley’s engagement and pursuit. The very wimsual low stage of w on the Missouri prevented the arrival of Gen, Suly’s supplies and oceasioned a delay of the start 6Chis expedition | 0, ALY EXPEDITION md expedition was that of who under Gen. Pope's | ais directed to move up. the until August 14. During the interreghum one of the | m IMeody nin in all the tvishing history of this period o¢- cured on the Big Muddy, Twenty-one men and three women, with a sup ply of gold) from the Helena fields, had gone down the Yellowstone by steamboat to B Benton, There they ured a mackinaw boat and floated down the river until they reached the + mouth of Apple Cree! Bismarck, arriving there as the re- treating Sioux, pursued by Sibley, re ahout to cross the Missouri, The Tndians had been defeated three times y Gen. Sibley and had muricafter a retreating rout and yery angry, They attacked the and fought the party all day. killed the entire ty of men and women and sank the boat. KILLED ¢ It is reported that the whites killed M1 Indians and“fhat the captain of the boat made such a brave defense of his little party supplies had delayed him until August val ot his By long, hard, rapid marches, reached the scene of Gen, Sibley’s last hattle Lake move than a month on He then his treops in pursuit of the hostiles, who in the mean time had recrossed the river and were complacently gr herds in the © INDIA Sully immed zing their au of the Missourt S RETREAT 2 H F Each Cap- svlebears tha (DY) | name aa * reiare of counterfeit. gauge the hostiles in tle but. ther fied in northeasterly direction and Gen. Washington in the uniform of a Virginia colonel, just about the. time when he returned from his COMPILES INTERESTING HISTORY OF OF STATE DURING 1863 AND 1864 books dealing with this particular} sibley amd Sully aggregated “four ion of the state have just beers thousand men. compiled by Gearge N. Kenisten, se This signal defeat of the hostiles. ret of the Commercial club, EF: Minnesota valley near the present city] ri river cn the west bank and | the Bad Indians after | ais: st souin of (Supreme Court Did Not Re-| reached the 1" gainst the Indians jeeping Beauty case.” that, after a council of w: the In- information upen which stor dians. struck with admiration foe) coyering this action were based him, wanted to him. , fyom Judge Robinson, who ad The boat had <e¢ amount of | the correspondent that the supreme gold dust, some of which was Yecover- | court had come to his way of think: | ed from the river by the Mandan ing, In Justice Robinson’s opinion and Aricara Indians, the Verdict was held exe e, an{l In the time Gen. Sully was] this was stated in covering the ¢: at Fort where his delay of) as the reason for the supreme cou 1 first western surveying irip. - RRR AR IN THIS SECTION Sully overtook them at White Stone Wil, thirty miles sonth and slightly west of Jamestown, The Indians were Unconquered — and very mgetul. They were defeated in hattle at this point, Many kHled and much of their property. ta This movement Int the fare over and the force of the largest: in i ern Indian It is estimated that there were thousand warriors and that was not conclusive, s yet unconquel nd 2500 the M Fort 1 and on the west side of the Missouri the mouth of the Cannon Ball r The hostile Sioux had moved iorih- westerly (an@ were reported to the some eighteen lodges strong, in the hed waters of the Heart Gen. Sully sent his scouts well in atdva anl proceeded with his main force Up the Cannon Ball to the head waters of the Hart. : At Fort Rice a trail of several hun- dd emigrants on their way to the in Montana sought and nired protection of the troops, Wher: - Sully reached the head waters of the Hart he left his pack. train with the emigrants and, his cavalry in light) ma ie order, nck out northwesterly .for the Knife river, where Indians were reported in large aumhe: He met them, defeated took practically This battle Ment moved up them and Lof their property. nas the Killdeer s fought on | HW BAD LANDS were Gispersed, hrokeu and Gen, Sully mpelled to hastily retire to Fort for the winter. ‘The trip through Lands one of the most trous of all pioneer exper aMMer had heen dry were in abundance, t coulees and frequent hidden hostiles in’ the broken of this barren territery, He howe ut Fort Rice and there the The Tndians Up into small The pe from lands pte MISTAKE MADE IN REPORT OF’ MAGE ACTION verse Larson Case Because of Verdict Judge John Knauf of Jamestown ! calls attention to an error. which was mide in reporting to opinion of the; | {North Daketa supreme court in revers- ing a ve et of the Cr county dis- j trict court arding Miss “Amanda 1 a& verdit’ for $26,000 Clara B. Smith-Russell, in wh J. Rohinson_ has | termed rev of the lower court. Justice Robinson did so contend’ in his con- curring opinion, but the opinion of the court, written Dy Justice R. H. ¢ docs not refer in. any way ‘to the reasonablenegs or unreasonableness of the verdict, which the supreme court | has not passed upon in any particu- lar, = j Judge Grace's canyes for reversal | ag stated in the syttds of the court are as follow: ‘ “It was revel trial court to pre ible error for the | vent-dmpeachment of ately attempted to en- | certain witnesses by refusiug the de fendants the right to show upon their eross examination that at the triat of certain other cases in the United | States distriet court the subject matter |! of which was wholly different. to this {| that it was found by that court that! they had committed perjury in: fact. Tt was also reversible error’ of the! trial court in preventing the defend- ant from showing, upon the eross ex- | amination ef such witnesses, what | those facts were, concerning which ther gave false testimony, and in denying the defendants offer of proof.” | Judge Knauf, who is of counsel for the plaintiff and respondent feels that M the pul to the effect that the supreme al justi ed Mi held that the verd Larson y FRAZIER PLEA FOR RED FLAG ‘KATE OPPOSED’ Towner Woman Demands That O’Hare Woman Remain in Federal Prison D., Feb, lent W sent hy Pra to the president. pr the pardon of Kate Richards O'Hare, | the members of the Woman's Relief corps here have forwarded the fol- lowing petition to the president: “Whereas, ind. that our goveriior, ro has for- | warded tO you a petiton and letter iz for the release of one Social Kite O'Tare, who is at pre ving a term in the feder for seditious and insulting ments made during the late war patriotic and loyal women who our sons and other relatives for the petition honor and suppors of our govern-|care having ben taken to preserve everything as it was. hese) men. ul and ‘Ol Glory. we deplore 5 RS TRGT WANES) AGENT nay the action of the said Ly A. Fra 7 . 3 WANTS AGED Ay darnestiy core Ny a: te in. RAISIN: RAISIN’ [night when the sheriff at Princton.) 4 yetition has heen veecived by the terests of ) ptism honor and ji x | 4 : = | TIL. raided two bootlegging establis | do cemm ers for a tice. you refuse to pardon or, com: CAIN IN WINDY hments, Major A. ¢ Dalrymple, prohi- | at Manito, Mowntrait mute the sentence of ‘the sai cate: ‘ | With heii, ect 5 eangial Zetatos | nusine otalling $12, Ounce ce of the said) Kate j TY FIGGERIES "i bles ty the central tates | required, the comaptssion “Sincerely and loyally yours, gas Wasa , | hefore an agent is author - ‘y Rusk Relief Corps No,} Chicago. Feb, 2 Wo stills, 1.000 | i Dalrymple has dispatched | ized, We tment of N. D. Aug tyallons of grape sin wine, Princeton to take ¢ . errs SORIET SRE to the Grand Army of the Repub- Hons of moonshine wh +of the sfills and liquor and pro: ite} The solar day is about feud mintnos lie” \men were captured [the prisoui | longer than the regnlar 24-hour day. an —_— mento as “the greatest Prices ' How to Keep the Handling 250,000 TEX-SERVICE MEN Interior view of hall in which met the,Masonic lodge of which | S'George Washington was a member for many years.. Furnishings ; of the room today are what they were when Washington attended, | «i TOPIC: “The flu is not. without its good points. One of our leading hospitals has announced that during the epidemic no unnecessary operations will be permitted.”—Chicago Tribyme. ‘ ~ How Labor Plans To - Win the Government | Can American Labor elect a Labor Government without the aid of. a Labor Party For nothing less than this, in the opinion of the New York “Times” (Dem.), is the purpose behind the non-partisan political campaign of the American Federation of Labor. “ its membership “it could dominate the situation,” remarks the Baltimore “News” (Ind.) The Federation’s plan, the Chicago “Unionist” reminds us,‘is another application of the methods_ by which’ the Anti-Saloon League won its overwhelming victories after the Prohibition party had failed to get-politieal results. In Congress, Represeritative Blanton, of Texas, characterizes the American Federation of Labor pronuncia- For, said Mr. Blanton, “when an organized minority of less + than’ five per cent of the peoplé can control legislation, and now threaten to elect a Congress of serfs, it is indeed a national crisis, threatening the institutions of the country.” According to the Indianapolis “Union,” however, “the American Federation of Labor dves not seek to govern; but it-is eminently right in taking steps to educate its members as to which side their political bread is buttered on.” : No other subject before ‘the public today bears more importance than that treated in the leading article in THE LITERARY DIGEST this week, February 2 Ist. ; press of the-country upon the entrance of the American Federation of Labor into the presidential campaign. Other articles full of interest for the public are:— . America’s “Blood-Money” -In the Opinions of Some French, Italian, and English Papers, Presented in This * Article, America’s Fiscai Predominance in the World is Due toe the Advantages That the War Threw into Her Lap \ menace ever sounded. The Exchange Slump and Lower Germany’s Elusive War-Criminals Farmer on the Job Shoe' and Clothing Profits Armenia’s Cry for Justice ‘Where Roumania Stands Putting the Farmer on the Map Our Billion-Dollar Jewel-Box - Tons of Explosives in New York Harbor \ German Profeésorial Arrogance Wall Street Method With Rare Books ‘CONDEMN ACTION OF GOV: FRAZIER Seeking’ Release of Kate | Rechords O’Hare * Resolutions “were’ passed at the mecting of the Loyd Spetz post of the ‘American ¢ y aight en- dorsing the stand the Wo. auxil y to local. chapter the in condemni ler for requ Richads O'T overnor Lynn ting the release The post 1 send a strong protest ‘to President inst the ling of the for the relief of Mrs. 4 The legicn’s investigating committee was instruct to look into the pro- posed establishment of a German news {paper at New Salem by Rey. John Fentana, who was conyic of sedi- tion/in the United states district cours, here in 1918. A complete report on this “matter will be made at the next executive » committee. was in- ef structed te render whatever ance it could to the former service in, Wash. in the pros: i | men or Central fecution of the members of the In- jdestrial Workers of the World charg: ed with killing a number of le men during the armistice day parade at that place, It is expected that public dovaions will be solicited for a fund tobe sent re Ceéntralin as this ‘s contibution te he convicion of OF THE DAY If the Federation could control the votes of one-third of It presents public opinion ,as reflected in the The Church’s Duty to the Movies ‘ ‘What the Middle West Resents Why Jews Are Killed in Poland The Republic of North Caucasia: People and Territory—The Govern- ment—A Map of the Country *Europe’s Trade Debt to United States ee The Heir of Dana and Bennett Jenkins’s Own Story of His 7 Kidnaping / “Charlie” Schwab’s View of Andrew Carnegie Yankee Films That Disagree With ~ ” .John Bull’ ; \ Best of the Current Poetry An Interesting Collection of Illustra tions, Including Humorous Cartoons = .February 21st Number on Sale Today—News-dealers 10-Cents—$4.00 a Year