The Bismarck Tribune Newspaper, November 8, 1920, Page 4

AGE FOUR THE BISMARCK TRIBUNE Entered at the Postoffice, Bismarck, N. D., as Second Class Matter. GEORGE D. MANN - + = = = Foreign Representatives G. LOGAN PAYNE COMPANY P. Editor CHICAGO DETROIT Marquette Bldg. Kresge Bldg. PAYNE, BURNS AND SMITH NEW YORK - - - - - Fifth Ave. Bldg. The Associated Press is exclusively entitled to the use for publication of all news credited to it or not otherwise cretied in this paper and also the local news published erein, All rights. of publication of special dispatches herein are also reserved. MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE Daily by carrier, per year Daily by mail, per year (in Bismarck) Daily by mail, per year (in state outside B Daily by mail, outside of North Dakota............ 6. ‘ THE STATE’S OLDEST NEWSPAPER (Established 1873) EBD BETTER FEELING vA Better feeling between the United States and Mexico grows apace daily. The visit of President-elect Obregon of Mex- ico, and a large party of his fellow countrymen to the Texas State Fair at Dallas recently did wonders to promote mutual friendship between the two great North American republics. It also helped to promote mutually profitable trade. This achievement is noteworthy, because Texas and Mexicans have not always loved each | other. Now leading business men of Dallas, the com-| mercial capital of the great southwest, are plan- ning to return the courtesy of Obregon by going in a special train to Mexico City for his inaugura- tion, Dec. 1. Texas is sure to send a splendid delegation. But Texas isn’t selfish in its serious effort to pave the way for renewed confidence, peace and prosperity below the silvery Rio Grande. Spon- sors of this return visit to Mexico have invited other states and business groups to help swell the ranks of ambassadors of good-will who will soon be Mexico bound. This invitation should be, and no doubt will be, accepted in fine spirit by citizens from all border states and by Chicago and Mississippi Valley business interests, who did so much through trips to Mexico in the spring of 1919 to lay the foundation for better feeling|and con- stantly increasing trade with our sister republic. Mexicans lay great store by politeness. Per- haps the compliment of his pilgrimage to Presi- dent Obregon’s inauguration may lead to the speedy recognition of his government after its installation. It’s a timely and worthy and kindly move- ment. BLUE SKY LAWS Bad brokers bemoan the curbing qualities of the blue sky laws in these days of money opu- lence. The sale of stocks and bonds is easy. The rubber stock companies and- the oil companies number hundreds. Some may be good, some may be bad. But the bad ones would be a good deal worse, probably, if it were not for the blue sky laws. ' Just how or when or where that term was born, no one seems to know. But it was pat, and it has stuck. Out in Kansas, however, they had a bank commissioner who, years ago, became cu- rious. He found a lot of companies dealing largely in nothing, but the nothing was being sold at so much per share. The bank commissioner de- clared that these sharpers were “capitalizing the blue sky.” And it wasn’t long until the Kansas Legislature had enacted some pretty good laws that barred corporations from giving nothing less than the blue sky for security. That was nine years ago. And it was none too soon. Now nearly two-thirds of the states have laws desig- ned to force the filing,of complete information with state‘officials of all stock offered. At that, one authority asserts, the investing public is robbed of at least $150,000,000 a year by way of investment in worthless securities. One experienced old gentleman suggests a homely but apparently good method of evading stock invest- ment pitfalls. He advises talking over stock in- vestments in foreign companies with the home- town banker first. “He’s a blue sky law worth listening to,” this wise old fellow says. FOOTBALL COURSE Each fall finds educators and parents recon- sidering the question whether colleges and uni- versities are educational institutions or physical laboratories. ; A few years ago the University of Pittsburg openly avowed its intention of putting itself on the educational may by corralling a champion football team. Accredited scouts were sent out to scour the. country for material and to offer sufficient inducements to star players to attend U. of P., if only for the football course. The effort was successful, and an unbeatable team was secured, with the result that at least all the sport editors of the country became aware that there was a University of Pittsburg and, presumably, they decided to send their sons to the Smoky City to be educated. This year, Western Reserve University of Cleveland adopted exactly the opposite course. The faculty decided that it was the duty of the university to offer all the students equal oppor- tunities for physical development that the col- BISMARCK DAILY TRIBUNE \ MONDAY, NOVEMBER 8, 1920 bound to do the best possible for each student, physically as well as mentally, and ‘that the spindliest, puniest student was entitled to the} same consideration as the huskiest center-rush or tackle. benefit of a team but for the student body. Quite naturally the opponents of this revo- lutionary movement are pointing triumphanlty to the low standing of Reserve in football this year, and quite naturally its proponents retort that such is not the question at issue, but rather— Which is the more important? For a half dozen stars to have their names in the sporting columns as punters, passers, tacklers and ground- gainers, or for the entire student body to be physically educated 4 It may be an argument for or against, but free verse is harder to memorize than rhymes. If overhead makes shoes high maybe hats are costly because of the underfoot. President Wilson joins the great army of house-hunters. en ee enn EDITORIAL REVIEW Comments reproduced in this column may or may not express the opinion of The Tribune. They are presented here in order that our readers may have both sides of important issues which are being dis- cussed in the press of the day, WHAT THE ELECTION MEANS The American people have spoken their verdict with resounding emphasis. The story that comes from the pdlls is, in many of its prases, almost amazing. It is a story of stalwart Amercianism. . It is a story of a great people’s resolve that the business of their country shall be placed in more capable hands. It is a story of popular reseritment against a base slander. : It is a story containing a singularity sharp rebuke of one-man government and a demand for a return to the representative government that Washington, Lincoln and all other truly great Americans, living and dead, smiled upon. It is a-story that sets the brand of “Failure” on an administration that had a wonderful op- portunity and threw it away. It is a story of condemnation of a candidate who tried to be all things to all men; who proved himself to be unfit even to run for the great of- fice he sought, to say nothing of filling that office. It is a story that reffects in the American electorate an intelligently discriminative sense. It is a story that will be read with as keen satisfaction in other lands as in our own. It is a story expressing the wish and will of 105,000,000 souls that their country shall be aligned wisely on the side of peace and ben- eficently on the side of humanity. It is a story pointing the moral that true Americanism is an indispensable part of a true i internationalism. It is a story that gives the lie to the myth of a “Senate oligarchy” and the calumny of a cor- ruptible electorate. , $ { It is a story setting up that “gross ignorance” and “impudent audacity” and “pygmy minds” and “contemptible quitters” are matters of opinion. Apparently Warren G. Harding as the next president is to have the support of a Senate and a House of Representatives controlled by his own party. There is no mistaking that he will go into office with the good will and the best wishes of an overwhelming majority of his countrymen. No such magnificent indorsement has been given to a presidential candidate since the days of Washington. : Happily Mr. Harding received the news as it might have been expected he would—soberly and with a solemn sense of the great, trust that has been committed to him by a free. people. Far from exulting or gloating, he confessed that when his election seemed assured his first impulse was to prayer that he might not fail those who had so grandly attested their faith in him. Neither he nor his party can help being moved by the tremendous majorities that the several states of the North have given ot him. A profound re- sponsibility rests on both. Another wonderful cpportunity is thrust into the keeping of a po- litical organization. There is a behest in the election that wisdom shall be drawn from experi- ence as well as from study. Governor Coclidge is ‘right in saying: “This marks the beginning of an era of national honor, patriotism and truo interaationalism.”—Minne- apolis Tribune. Athletics was not to be run for the bp eet Wig 7\ fo oo S$ SUPREME COURT From Dunn County Charles M. Pugh, et al, as Board of County Commissioners of Dunn County, et al, Plaintiffs*and Re-j spondents. | vs. i | C. H. Hempftling, as County Auditor of said County, Defendant and Ap- pellant. (Syllabus.) 4 In proceedings: for the removal of a@ county seat, it is for the county commissionérs, and not the court, to for removal, missioners ‘decide ‘against the suffi- ciency of a ‘petition, the court may not. by mandamus or otherwise, compel them, to undo pr reverse their decis- ion. If may not appoint a special com- mission to act in place of the county commissioners. Appeal from’an:order of the District Court of Dunn County, Hon. W. C. Crawford. Judgé. ’ Affirmed. Opinion of the Court by Robinson, When the county com- Bronson, J., concurs in result, T. H. H: Thoreson, Dunn Center, C. F, Kelsch, Mandan, Attorneys for Ap- | pellant. W. F. Burnett, C. H. Starke and T. F. Murtha, Dickinson, Attorneys for Respondents. From Dunn County Thomas Bailey, et al, Plaintiffs and Respondents, ~ | vs. H Charles M. Pugh, et al, constituting | the Board of County Commission- ers of Dunn County, North Dakota, Defendants and Appellants. (Syllabus.) In proceedings for the removal of a county seat, it is for the county commissioners, and not the: court,1 to pass on, the sufficiency of the peti- tion for removal. When the county commissioners decide against the suf- ficiency of a petition, the court may not, by mandamus or otherwise, com- pel them to undo or reverse their de- gision. 7 yi Appeal from a judgment of the Dis- trict Court of Dunn County; Hon. F. T. Lemke, Judge. Reversed. : Opinion of the Court by Robinson, J. Bronson, J., concurs in result. Murtha & Starke, and W. F. Burnett, Dickinson, Attorneys for Appellant. Nuochols & Kelsch, Mandan, Attor- neys for Respondents. From Divide County Geo. P. Homnes. Petitioner and Re- spondent, Vs. R. H. Lynch, as County Auditor of the County of Divide and State of North Dakota, Defendant and Ap- pellant. (Sylabus.) The trial court awarded a writ of mandamus directing the defendant to print petitioner’s name upon the gen- eral election ballot as a candidate for the office of state’s attorney of Divide pass on the'sufficiency of the petition ;, FAR FROM THE MADDING CROWD \ County in this state. this court. the judgment is affirmed for reasons stated in the opinion. Appeal from the district court of Divide County, Leighton, J. Defendant appeals from a judgment in mandamus. Affirmed. Per Curiam Opinion. . John E. Greene, and D. C. Green- leaf, both of Minot, for Appellant. D uppeara: for respondent. From Eddy County State of North Dakota, Plaintiff and Respondent, vs. TH : E, R. Davidson,’ Defendant} and Ap- pellant. ! (Syllabus) ‘ In aj criminal) prosecution, under Chapter 57, S. L. 1915, for making false entrics in the books of a bank- ing association, where the information charged the defendant, the cashier of the bank, with making/ certain falsa entries in the “Daily Balance and General Ledger” of the bank, and where the evidence showed that the defendant managed the bank and was responsible for the condition of its hooks; and that he personally made false entries in the certificate of de- posit book, a book of original entry. from whigh'the bookkeeper in regular courses cartied them into the Daily Balance and General Ledger, it is held: ‘ (1) There is no variance between the allegations of the information and the proof. (2) A managing officer of 2 bank, responsible for the condi- tion of the books and who has knowledge of the manner in which they are kept, may be charged with criminal responsibility for a false en- try in the ledger made by the book- keeper where he, the managing of- ficer, initiated the false entry in a “book of original. entry. (3) Where the information charges the defendant with falsifying specific certificate of deposit’ entries, result- ing in the showing of a false total of certificiates of deposit outstanding, it is not incumbent,upon the state to prove that the falsity of the total was unaffected by other transactions. (4) In a prosecution, under Chap- ter 57, S. L. 1915, for making false entries in the books of a banking as- sociation, gain to the defendant or prejudice tg ‘the banking association fs not an ingfedtent*st the offense. (5) Evidencé may properly be ex- cluded. if in’ the state of the record at the time it is offered, it is in its nature cumulative and calls for a conclusion of the witness which the jury can readily draw from the tes- timony preceding. (6) Where the defendant had cor- rected the false entries and where he testified that their falsity was orig- inally due to accident and mistake and the corrections were made for the sole purpose of rectifying the books and making them corres, no error was committed by the trial court in sustaining objections to questions in- quiring jas to whether the defendant had realized any gain to himself 7- whether the bank had sacrificed any- thing of value. Appeal from district court of Ed. dy County, Nuessle, J Affirmed. Opinion zell, J. Grace and Robinson, J. J., dissent. N. J. Bothne and Pi: M. Mattson, ? Rockford, and Edward P. Kelly, Carrington, attorneys for appellant. James A. Manly, States Attorney New Rockford, and Wm. Langer, At- torney General ,Bismarck, attorneys for respondent. of the Court by Bird- ’ POETS’ CORNER | > o TO THE REDS f Life plays funny tricks. With Harris, Toms and Dicks, We will all |know why, In the “Sweet by and by. We're born to live, them die. 'm trying to live right. And when: my day or night—comes, I'm not going to cry. But with a smile to last all while To the land on high, will all pass by, So what’s the use of grievin’ Because the Reds are leavin’. It is just our place to give ’em A real hearty good-bye. When they’re about, a transport, With tears in their eyes. Of someone here we will be short To laugh and quarrel about. We trust them to Almighty. And they'll wake up in blighty And wish they had been righty In what they did and said. But, blame from them will fall. On Uncle Sammy's head. = ANNA CORBIN, Livona, N. Dak. Box 5. FARNUM A MAN IN “IF IT WERE KING” One of the most exciting scenes in the big William Fox production of “If I Were King,” which will be shown tonight at the Eltinge theatre, is that in which William Farnum, the noted Fox star, engages in a duel in a dark- ened tavern. Mr. Farnum is an expert swords- | man. Any one in the theatrical pro-| fession will tell you that, far back in the days when William was so popular in the spoken drama on Broadway | and throughout the country, his duel- ‘ing scenes were famous. | When Walter Law, was engaged for. | the part of Thibault and Claude Pay- ton for role of Montigney in the Fox special screen production of Justin Huntly McCarthy’s famous book and stage play, “If I Were Kirig,” knew they would have to cross swords with Farnum—and, being veteran actors, jew also that these scenes would not be child’s play. Both began to practice. Farnum told them he would practice with them, so they would | make the dueling scenes beyond critic- ism. They were at it for days before Director J. Gordon Edwards was ready | for the scenes. 1 | When the call came for the duel in |the darkened tavern Farnum and Law| {went at it as if it were real. The jcameras ground for half an hour and ;Tanlac and it has made a new man | ii ’ pt the end of that time Walter Law declared he wanted the remainder of the day off. Farnum, too, was tired WONDER. enough to agree. WHATS ON The scene in which Farnum fights ate ours both Law and Payton comes later in the play. This, beside being realistic, THAT pare has {ts touches of humor. 5 5 COUNTY AGENTS | ARE FAVORED i .. ‘IN8 COUNTIES ST. PAUL MAN" REPORTS A GAIN OF 18 POUNDS / Says Taniac Has Put Him Back On The Job Feeling Like A New Man “T have gained 18 pounds taki of me,” declared Jacob Eastman, an interior decorator residing at 1187 Mt. Hope Avenue, St. Paul, Minn. “For two years my stomach trou- bled me dreadfully and everything 1 ate always soured and just seemed to lie there, causing me intense mis- y. My kidneys hothered me. ter~ ribly, and I had such awful pains across my back like someone cutting me with a knife. I was so restless that many a time I lay awake nearly all night long and in the mornings felt so tired and worn out that I could hardly get up. I lost so much weight and strength that I could hard- ly walk, let alone working. “Tanlac has built me all over again, and I’m always ready now for a good day’s work. My kidneys never bother me, the pains are gone from my back, and everything I eat agrees with me perfectly. I sleep like a top and in the mornings I always feel rested and full of energy.” ¢ Tanlac is sold in Bismarck by Jos. Breslow, in Driscoll by N. D, and J. Hi. Barrette, in Wing, by H. P. Ho. man, and in Strasburg by Strasburg Drug Co. (Advertisement) Agricultural College, N. D., Nov. 8.— But a vote of more than two to one, residents of eight counties in North Dakota went on record as favoring agricultural extension work at the election November 2, according to par- | tial returns received at the North Da- | kota Agricultural college. In Morton county, where the coun- ty commissioners ‘a few months ago voted their county agent out of tjob and then immediately voted him back i numerous farmers and business jen, | the vote stands 3,875 for continuance ! of extension work to 1909 against. Had "the vote been against the work, the agent would have been dismissed next January. . Partial returns from five of the eight counties which’. voted on the j Work are as follows: For Against Divide +» 1450+ 739 Golden Valley - - 939 252 Slope .. . 1,022 407 Stark 1531445 Morton .. 275, 1,099 Total ......eeeeeee 9,839 3,942 \ From Kidder county the report Was received that the work had carried by a majority of approximately 590, and in Williams county with more than half the precincts reported a big majority, had piled up for the work. No reports'were available from Burke, the eighth county which voted on the work. Right Aga’ Teacher—What is “can’t” the abbre- viation of Charles? Charles—Cannot. Teacher—That’s right. Now Jimmy, what is “don’t” the abbreviation of? Jimmy—Doughnut.—Detroit News. Approximately 5500 persons visit the New York aquarium daily. STOMACH ‘UPSET? Get ‘at the Real Cause—Take Dr. Ed: ward’s Olive Tablets That's what thousands of stomach sufferers are doing now. Instead of taking tonics, or trying to patch up a poor digestion, they are attacking the veal cause of the ailment— clogged liver dnd disordered bowels. Dr.. Edwards’ Olive Tablets arouse the liver in a soothing, healing way. When the liver and bowels are per- forming their natural functions, away goes indigestion and stomach trouble. Have you a_ bad taste, coated tongue, poor appetite, a lazy, don’t- care feeling, no ambition or energy, trouble with undigested foods? Take Olive Tablets, the substitute for calomel. Dr. Edwards’ Olive Tablets are 2 purely vegetable compound mixed with olive oil. You will know them by their olive color. They do the work without griping, cramps or pain. ~ Take one or two at bedtime for quick relief. Eat what you like. 15 and 30c. WILL ROGERS (HIMSELF) Jokes by ROGER lege, standing in loco parentis, was in honor Howoy— BILL - HERE'S A IN WHAT’S NEWS TODAY? HOW- SS HERES WHERE A WOMAN IS SUING FoR A DIVORCE ~CLAIMS HER HUSBAND KICKED HER OUT OF BED— DURING ONE OF HIS DREAMS Drawings by GROVE Aw-T THINK THE WHOLE THING 1S AN ADVERTISMENT |in again after hearing the pleas of ~ eB