The Bismarck Tribune Newspaper, April 21, 1920, Page 1

ae -case. ‘ — \ THE WEATHER’ Uneettied. \ \ BUNE LAST EDITION i BISMARCK, THE BISMARCK TRI NORTH DAKOTA, WEDNESDAY, APRIL 21, 1920 PRICE FIVE CENTS * TORNADO CLAIMS 1 BRINTON NEWSPAPER GRAB ACT. CLEARLY UNCONSTITUTIONAL 1S OPINION OF CHRISTIANSON > Justice Birdzell Takes Same Po- sition on League Act Is FOR BILL ROBINSON His and Grace’s Decision Deter- mines Validity of’ the Measure \ Because two out of five justices of the supreme court upheld the con- stitutionality of the so-called Brinton | newspaper grab act yesterday, this | law will remain a part of the statutes | of North Dakota. : | As far as is known, this is the | first time in the history of any state in the union, where the minority of | a state supreme court decided the constitutionality of any law. The situation is made possible here by constitutional provision which re quires four favorable opinions on con stitutional questions out of five mem- bers of the state supreme court. In the longest opinion rendered on | the case, Chief Justice A. M. Chris tianson maintains the law in question violates sections 58 and 61 of the state constitution and ‘is therefore uncoa: stitutional. This opinion is shared by Justice Luther IE. Birdzell,, who gave the shortest opinion on the case. Jus tice J. E Robinson and Justice R. tH Grace contended that the law was constitutional. Justice H. A. Bron son was disqualified and because Jus tices Robinson and Grace had held that the Jaw was constitutional, ‘no steps ‘were taken to name the fifth justice to determine the merits of thie Christiangon’s Opinion In his opinion, Justice Christianson stated “the matter inserted in senatc Bill \No. 157 relating to the designa tion of newspapers in which all of ficial and legal notices must be pun- lished was variant from and changed the original purpose of the bill... That the title is not broad enough to cover the designation by ‘thp commission of newspapers in the various countics of the state in which official notices of couunties and municipalities. and legal notices of private parties must be published, That the act embracee more than one subject,” . “The obvious purpose of senate bill No, 157 as introduced was to change the personnel of the commission hav- ing charge of the state printing and to confer upon the commission as re created the functions exercised by the former commission and bring all kinds of printing for the various state departments under its jurisdiction,” states Chief Justice Christianson in his opinion. ‘ Bill Changed “A comparison of the original Dill with the one, enacted demonstrates beyond .cavtl that the matters” in serted in section 4 during the course of the passage,” continues Judge Christianson, “was wholly foreign 9 the original purpose of the bill. U section 58 of the constitution can ever be violated by inserting matter in a bill during the course of its pass- age, which is foreign’ to and changes the original purpose thereof, it cer tainly has*been violated in this case “It seems equally clear that the matters inserted in the act by the amendments is not expressed in the title. It will be noted that the statute is entitled ‘An act creating a state | printing and publication commission; prescribing its duties and powers, | and repealing all acts and parts of | act conflicting herewith.’ | Obscurity of Title | “Would anyone expect to find in an | act entitled as the one under con} sideration anything in regard to the | newspapers_in which official proceed- | ings and notices of counties and | cities must be published? Would anyone about to foreclose a mortgage or probate an estate have the slightest teason to apprehend that a law en- titled as the one before us actually ; changed the established law of the state with respect to the newspapers | in which foreclosure notices and cita | tions in probate proceedings must be | husband were among the first settlers | published It seems to me _ that | reasonable men can make but one answer to these questions. “Our constitutional provision is clear, direct and positive. ‘No Dill shall embrace more than one subject. | which shall be expressed in its title. | A single glance discovers that the| title in this case meets no single re- quirement there specified. Not Amendment “But it is contended that sections 58 and’ 61 of the constitution are in- applicable to laws which have been submitted and approved at a refer-| endum election. It is even suggested that an act appfoved ‘is in effect a constitutional amendment.’ This sug-' gestion ignores the fact that a dif-| ferent method is provided for the sub- mission of constitutional amendments, | whether proposed by initiative peti- tion or by the legislative assembly, from that provided for the submission of a statute pursuant to a referenduin petition. It is the duty of the court | to uphold and give effect to every part of the constitution and this pro- vision can only be enforced by refus- | ing to recognize as an amendment that which neyer was legally adoptel as such. It has never been contended | or supposed that the referendum} power was reserved for the purpose} of having questions relating to the} constitutionality of laws submitted to (Continued on Page Tnree) | | | | | | STATE DISPOSES OF BONDS WHILE ~ COURT DECIDES Constitutionality of Issues Now Being Tested by Supreme Tribunal $1,000,000 WORTH ARE SOLD | Purchasers Will Have to be Re-| imbursed if Decision is Unfavorable The strange situation of a state trying to sell its bonds while the United States supreme court is de- termining whether the Issuance of such bonds is constitutional or not confronts ‘North Dakota. While some of thg most noted at- ‘torneys in the state are arguing for and against the North Dakota in dustrial program, which includes the issuance and sale of industrial bonds. before the supreme court at Wash ington, people in Grand Forks and ai scattered points both in and out of the state are trying to sell a part of the $5,000,000 bond issue authorized to construction of the mill and elevator at Grand Forks. One Fifth Sold It was admitted here today that only $1,000,000 of the total issue of 35,090,000 bonds had been bought up to the present time and that the sale of. bonds is progressing very slowly. Most of them, it is said, are being floated in Grand Forks and vicinity, that being the site of the proposed state’ mill and elevator: Some small sales have been made outside of the state, but practically all of the sales have been of small blocks of bonds. uf the federal supreme court decides that the issuance of these bonds was unconstitutional, all of the bonds sold will have to be withdrawn by the state and the owners reimbursed, The con struction of the Grand Forks state mill and elevator will~probably be brought to an immediate halt, as will several other state enterprises fin- anced through bond issues of ques- tionable constitutionality. Favorable Decision ‘On ‘the other hand, if the supreme court‘decides that the North Dakota industrial program and _ incidental bond issues are constitutional, it is expected that the state will have less difficulty to effect immediate sales pf large blocks of these bonds. In fact, bankers believe that if the supreme court's decision upholds the constitu tionality of the action, that many of the big houses of the country wil! take over all of the millions of dol- lars worth of bonds} the sale of which has been practically impossible until a favorable decision of the federal supreme court is secured, MOTHER OF “BILL” NYE DIES AT‘93 Fargo, April 21.—Mrs. Eliza Loring Nye. mother of Judge Carrol A. Nye of Moorhead, and of Frank M. Nye of Minneapolis, former congressman, died in Moorhead late Sunday night at the age of 93. Another son, Edgar. known as “Bill” Nye, the famous humorist. died 24 years ago. Mrs. Nye was. born in Maine, and came to Wisconsin by * prairie schooner and boat, and she and her of Kinnickinnic valley, near River Falls. Wis. Burial will take place at River Falls Wednesday. were 55 LIVES Sane IF YOUR FATHER SAYS “NO!” SHOW HIM. THIS ‘ JUST i LoDSE's N, E. Staff Special. 4 New York, April 21.—-Are the girls of today more captivating and more beautiful than the girls of 20 years | ago? ' Father will probably “No” and tell you of the charms, of the o Floradora sextet, most of whom mar ried millionaires. I If he does show him the pictures 9¢ | GERMANY WANTS TO RETAIN BIG ARMY SAYS NOTE Entire General Staff.and Corps | of Officers Are Needed, | Germans Claim \ x i} COUNCIL WILL DECIDE! | paris, April 2i—Germany has ask- | ed for modification of the military | clauses of the peace treaty so as tv enable her to maintzin larger armed forces than permitted in pact. | The request was contained in a note | handed to the French foreign office | last evening with a demand that it be sent to the supreme council at'San Reno, | The note set forth that an incr | ed force. was necessary for the main- | tenance of order in the interior and | that furthermore the army would noi | accept an order for its dissolution. | The note further requests that Ger | many be. allowed to retain the entir general staff and corps of officer which means-the entire frame of, the | active army. s | 1 Stanton Secretary of Grand Forks Club, Grand \Forks, Apr Stanton, son of Judge § midji, Minn., was elected secretary of | j the Grand Forks Commercial club at} ja meeting of the di He will succeed L. V @ signéd the secretaryship to become | sales manager for the J. Sandlie | automobile concer! For the past y been secretary of the [Bemidji Com mercial club and for cight years pre- vious was engaged in newspaper work, H. Mayne | anton of Be- | Mr. Stanton has | ‘CURBSTONE, COURT FINES oe JAY-WALKERS | i I i 1 | N. E. Staff Special. San Franci April 21.—Curbstone justice bids fair to put an end to jay- walking on down-town streets. Police Judge Owens is the presiding Solomon of the strangest tribunal in America and according to the judge his system is working. With a table borrowed from a de- partment store and a chair improvis- ed from a soap box, Judge Owens | hears the plaints of those caught cut-| | ting corners to cross a busy street. k Judge Thomas Graham was the first | man pinched by traffic officers and} haled before’ Judge Owe: who was, holding court out on the curb. ! “But I must be in court in 10 min- j utes,” argued the ‘prisoner’ jurist. | They let him go but they fined the president of the City Ad Club and | several actors. ~ it TWE_ORIGINAL FLORADORA SEXTET, | rural communit Gama. Sykes’ Swanson's smile, Muriel Lodge's Vera Cibson’s © eyes; mouth; — Beatric Dorothy Leeds’ nos ey and Fa lyn's smiling face. They're the 1920 beauties of the new Floradora sextet. The Shuberts, judges of feminine beauty, say the girls in their review are far prettier than the original Floradora girls. 5 DRISCOLE TO HAVE COMMUNITY MEET; SPECIAL PROGRAM Residents of | Progressive Com- munity Will Gather This Evening A community evening meeting will be held tonight at Driscoll under the direction of Miss Elsie Stark, county home demonstration agent.; The pro- gram will start at 8 o'clock and will consist of community singing, a play- let. recitations, and songs. ' Miss Bertha Palmer, assistant state superintendent of public instruction, will be the principal speaker at the meeting. Miss Palmer will’ discuss educational matters as they affect the There will alsu be special music and scenic pictures. Everybody in the vicinity of Driscoll is invited to attend the meeting. EMMONS COUNTY NAMES TICKET TO WININ JUNE Anti-Townley Campaign Com- mittee Organizes to Defeat League Ticket | national convention. IN SOUTHERN STATES * ’ JOHNSON AHEAD worsp STORM IN HISTORY OF IN NEBRASKA; | RETURNS SMALL Wood Delegates Lead by Fairly Good Margin, However; Forecast Impossible HITCHCOCK IS WINNER William Jennings Bryan Run- ning Sixth as Democratic Delegate Neb., April 21,—With 336 9 precincts heard from ear- ly today, Senator Hiram Johnson led the field of candidates for republican residential preference in yesterday’ primaries, the vote being: Johnson —12.002.; Wood 8,741; Pershing 5.568; Ross 481, | With the small number of precincts heard from. William Jennings Bryan is running sixth in a field of eight for delegate at large to the democratic With precinets out of 1,849 tab- ulated. Hitchcock delegates are lead: ing the Bryan men. : In the race for delegates at large early returns showed the Wood dele- gates leading by a fairly good margin although returns are so. meagre that nothing like a forecast is possible. For the democratic preference. Uni- ted States Senator Hitchcock had. lt- tle trouble in qverwhelming his"oppon ent. Robert Ross of Lexington. the senator's vote running as high as four to one, STRIKE LEADERS HOOTED BY MEN: REFUSE 10 VOTE Chicago Yardmen Hiss Union Heads; Will Not Return to Work JEERS GREET SPEAKERS Railroad Executives Claim They Cannot Present Case to Board for Months Chicago, April 21.—Shriking ‘rail- road, men in the Chicago district re- fused today to vote on the question of returning to work. All efforts of a committee of strike leaders to obtain action failed, | Chicago, April 21—M. J. Kanney, R.,S. Murphy and Shannon Jones, three of the strike leaders arrested | last week, made the appeal for a re- turn to work at a mass meeting of striking yardmen. | Hisses and Cat Calis They were greeted with cries of “sold,” “outside,” and “where's Grun- au?” Jones explained that efforts to obtain the release of John Grunau, president of the Chicago Yardmens’ association, from Joliet jail on bail had not succeeded. Murphy, waving an American flag, took the floor to declare he “would not fight the American government.” He was greeted with cat calls and hiss Union leaders declared after the meeting they were helpless to order the men back to work. ~ LONG DELAY PREDICTED ~ SOUTH RAVISHES-THREE STATES ° CAUSING LARGE PROPERTY LOSS. Immediate Assistance Needed by Stricken Communities in Missis- sippi, Alabama and Tennessee; Medical Supplies Inadequate and Food Shortage is Serious Birmingham, Ala., April 21.—Revised reports today from the tornado stricken areas of Mississippi, Alabama and Tennessee, placed the number of fatalities resulting from yesterday’s storm at 155, nine less than first reported today. The later report told of hundreds injured and estimated the property damage at more than $2,000,000. Birmingham, Ala., April 21.—Assistance from the outside world is urgently needed for the relief of the tornado survivors in a dozen counties of. Mississippi, Alabama and Tennessee, reports today from the storm swept district said. With a death list of 166 already reported and a property loss which will run into many millions, the tornado has taken rank as one of the most disastrous as well as most widespread in the annals of the south. Hundreds of injured require medical attention, and physicians and nurses available are inadequate. Tents and other temporary structures must be erected for numerous families, whose homes were obliterated, and a shortage of food is foreseen as a result of the destruction of barng and warehouses, coupled with obstruc- tion of roads. ‘ ; STRIKES FARM BELT The storm apparently struck in the rich farming belt around Bay Springs, Jasper county, Miss., and moved northeast to vent its fury upon the extreme northwest tier ‘of counties in Alabama before moving into Tennessee. All reports agree as to the extreme velocity of the wind. In and near Meridian, 21 persons were killed, while 16 employes at a.lumber camp in Meshoba county were killed in the destruction of the camp structures. DEATH TOLL Mississippi’s death toll already reported totals 118. Of these Aberdeen and Meridian had 21 each; Rose Hill, 6; Bay Springs, 7; Glen, 10;'Igomar, 6; Starksville, 6; Meshoba county, 16; Win- ston county, 5, and others scattered. Alabama reported 45 dead of whom 20 were in Marion county and 15 in Killingworth Cove. The others were scattered. Only 'three known dead were reported in: Tennessee. SUPPLIES RUSHED New Orleans, April 21.—The. gulf division of the American Red Cross has sent a carload of tents, blankets and medical sup- plies together with nurses, workers and physicians to Meridian to aid inv velief-work‘ among thé storm. sufferers. , ° COMMUNITIES ASK AID f Birminghant, Ala., April) 21.—The | All BOARD IS {toll of yesterday's terrific storm, veaiae swept portions of Mississippi, labama and Tennessee, was placed today at 157 killed, scores injured, and property damage of approximately ( Commuypication with the stricken area was being gradually restored to- L day, but latest reports did not add to Dae Eva: | the death roll. - Appeals for aid were received from Aandal,' Milholland and Dupuis} many small towns and_ settlements - % | and Red Cross relief parties were be- May be, Next to Cause’ ing organized at many points to carry Smash Up food and tents into the storm swept district. | ‘The greatest havoc wrought by the storm apparently was in the region just north of this place. The tornado apparently struck first at Guin, Ala. ‘and zigzagged through northwestera Alabama, eastern Mississippi and southern Tennesee where its force was spent. FRICTION CLAIMED Political Situation in Bismarck Worrying State Officials and League | Paes eet Following the grand smash up in GRAIN TUMBLES the workmen's compensation bureau | yesterday, in which Governor Frazier 4 suspended L. J. Wehe, one of the; j commissioners, and Wehe refused to nal eruption, Dissention is evident betwee be suspended, political prophets here | | are watching the activities of the rail- | road commission for the next inter- Washington, April 21.—The possi- | bility of sgveral months’ delay in the! (Confinued on Page Three) Era te, i} ¢—-———--—-- ---- —______-___—_-| With thirty out of 31_ precivets}’ Women Employes {| represented, the Erhmons County An-| / II ‘ownley Campaign committee was| | Want. to Know \ organized here Saturday, A complete | | 9 county ticket was named, delegates What’s the Joke i to the Minot convention named and _—— ; ' Attorney General William Langer was Female employes at the capi- "| endorsed for governor, tol building here are wondering || Several hundred farmers werepres- if someone has played a joke on || ent at the convention, only three of them. i ‘the delegates being non-farmers very woman employed at the ; | Three of the men endorsed for office] | capitol signed a pledge not to {| are former service men. A county buy anything in the line of cloth- |} and organization , was per: ing “until prices come down to { fected? w is expected’ to carry] normal.’ The movement origin- | Emmons county over the top against ally started in hopes of aiding | Townleyism on June 30. the campaign to reduce the high | The ticket endorsed by the con- cost of clothing, but a more vention is composed of John J. Baum serious question has presented gartner of Strasburg and F. B. Streeter itself to the signers. i of Linton, state representatives; John “Does that pledge which we | R. Snyder, county’ auditor; Charles all signed mean that we will buy B. Carley. treasurer; A. H. Trvine. absolutely nothing until prices | re of deeds; C.F. Wagher, clerk come down to normal?” is the |} pf court; Don Tracy, county judge; query going the rounds. “If the Charles Coventry, state’s attorney; pledge is to be followed to the | HdWard Miller, sheriff, and H. H. Han-| letter and the prices do not come son, superintendent of schools, down to normal for nine months | meses a or a year, I see where we will | STATE GIDEONS CLOSED have to barr all males from the CONVENTION YESTERDAY entire city of Bismarek. ‘My | Gtand Forks, N. D., April 21—The| | wardrobe is scanty enough now |} 13th annual convention of the Gid- and if I have to wait until prices | eons of North Dakota began Satur- reach normal before buying any- || j day evening with a reception for thing, even underthings, this will | members and their wives. Special be no place for mere males.” | services were held in the churches With beautiful lingerie allur- of the city Sunday morning and a ingly displayed in department men’s meeting was held at the Y. store windows some of the sign- || M. A, during the afternoon, Last! ers of the pledge are expected to evening a m meeting was held at weaken long before clothing | the First Baptist chare prices reach normal. In the || The business meeting, with com-|' meantime the male employes at || mittee reports and elqction of offi- the capitol are wishing and hop- 1} cers. were held yesterday afternoon. ing that normal prices will never | The convention closed With a banquet!) pe realized. Vv last evening. te —2 | | the hearts of the leagu Aanahl ae varie and F Corn and Oats Lead in Decline oOlland, ie hree comm a : _ 5 The friction between Dupus and M | in Chicago Market This holland is said to be particularly evi- dent and if the several clashes be-| Afternoon tween these two men is finally brought | sce before. Governor Frazier, in view of| Chicago, April 21.--Prices crashed the McDonald-Wehe controversy, Mil-| heavily in the grain market today holland is assured official support by} especially in the last 15 minutes of the administration and the Nonpar-, trading. Corn fell as much as eight tisan league leaders, ' and three-fourths cents a bushel. Li- | quidation, owing to weakness in the Townley Anxious | quidati In view of the recent events, Bis: New York stock market, was the chief marck has once more wrested the! apparent reason. center of attraction from St. Paul| Oats tumbled five cents in’ value. and many more trips to North Da-| Pork dropped $1.25 a barrel in some kota’s capital city are expected to be| cases, but lard and ribs held rela- made by A. C. Townley in order to; tively steady. prevent the entire dieruption of the} Z Bottom Prices league in this state. The situation| Final quotations were at nearly the in the railroad commission, it is} bottom prices for the day with July known, is attracting considerable at-, com typical at $1.58 to a half as com- tention from state officials here and| pared with $1.66% to a half at yester- every attempt is being made to day’s clos smooth out the difficulties before it Uneasiness over the financial situ, is too late. ation had been evident from the out- Commissioner — Wehe’! starting set in the grain market, but it was challenge to Governor F r to oust | not until the jon was almost over him from office has struck terr@ in| that values gave way in earnest. adherents here. It is hardly exp d that the governor will grant Wehe’s request for a public hearing of the unfavor- Balfour, N. D., April 21.—Contracts able publicity which will result from| for the new ‘Balfour school house a session of this nature. Wehe refu were awarded by the school board to ed to be led around by the nose the following contractors: Swen S. §. McDonald, the stormy petrel of} Olson, Minot, general construction the workmen's compensation bureau, | $43,929: Kopald Electric Co., Minot, even though Governor Frazier upheld | electrical, $895; Carl Mose, Harvey. CONTRACTS LET FOR NEW BALFOUR SCHOOL McDonald and is attempting to re-/ plumbing and heating, $7,865. . The move Wehe. | plans for the new building were Waters Feared | drawn by George H. Bugenhagen, of | Minot. | The governor undoubtedly will have a new fight on his hands if J. R. B Waters, former manager of the nk | MUNITION FACTORY EXPLODES of North Dakota, returns to Bismarck Vienna. April 21.—A munition fac- from Floida. Those who are in a posi-| tory near Vienna exploded yesterday. tion to know feel sure that there The damage is estimated at 30,000,009 something more behind Waters’ crowns. Fifteen hundred workmen resignation than appears on the sur- are thrown out of work. The explo- face, especially in view of the fact| sion is said to have been due to (Continued on Page Three) | criminal attempt.