The Bismarck Tribune Newspaper, December 31, 1921, Page 2

‘ PAGE TWO. “CANVASSING BOARDS DO NOT. | POSSESS JUDICIAL FUNCTIONS,” Five Judges Make Clear Why They Refused To “Call Off” The Recall u TES DUT Is Discussed In The Opinion Handed Down By Justice Bronson Vive judges of th orth = Dakota Supreme Court concurred in the a nouncement, recently made, ahd sup- porting an earlier verbal announce- ment, that. the application for an or- yiginal writ to enjoin the state canvass- ot the re , The court, in reaching its deci was compelled to ‘go to the general elections for guidance because of meagre instructions in the’ recall election. law itself. “In the cognate law, existing prior to and at the time of, the adoption of the recall constitutional amendment,” says Ju e Bronson in the opinion, “the duty imposed upon the secre- tary of state, concerning initiative and referendum petitions, tio pass upon each petition and if he finds it insuf- ficient to‘notify the committee for the petitioners and allow 20 days for cor- rection or amendment. His decision in regard to any such petition is made subject to review by this court. Ar- 26, Constitutional Amendment. It ‘urther provided in such article that if the sufficiency of such petition is being reviewed at the time the ballot is being prepared, the Secretary of State’ shall at the time the ballot is being prepared place the measure on a ballot d-no subsequent decision shall invalidate such measure if any such election is approved by a major- ity of the votes cast thereof. Invalid Petitions “The petitioners assert,” continues the opinion after discussing the duties of the Secretary of State, ‘that a valid election cannot exist based upon in- valid. petitions; that the existence of sufficient. petitions for a recall are conditions ‘precedent to the calling and holding of a valid special elec- tion and any election not so called and held is necessarily void. It re- mains to be seen whether this pre- mise, asserted by the petitioners, was ‘correct based upon the present appli- cation and the constitutional amend- ment concerned. “For purposes of illustration it may be supposed -that the sufficiency of the recall petitions,.as to the number or qualifications of the signers thereon, had been questioned before the hold- ing of the election, either before the Secretary of ‘State or in an appropri- ate proceeding, and it had been found that by reason of duplications of sig- natures, lack of legal signatures and iMezalitigs of procedure, such recal. petitions’ contained’ 1,000," 5,000, ~ or even 10,000 signatures less than the number, required by the constitutional amendment. Wiould it then be as- , serted or contended, :that no recall selection could be held~ if sufficient and qualified /signatures additional were submitted and the petitions re; filed? Neither the constitutional amondment nor any supplementary legislation provides when such peti- tions must be signed or filed. Fur- thermore, for purposes of illustration, if may be supposed that at the recent recall election the officers sought to recalled were retained by a ma- jority vote of the electors similar to that by which they were defeated. The Constitutional amendment provides that, after one stich petition and spec- ial election, no further recall petition shall be filed against the same officer for the term for which he was elect- ed. \Wpuld it be asserted or contend- ed that, subsequently, recall petitions can be filed against the same officer upen’the ground that the recall peti- tions previously filed were invalid and the election ,held thereupon void? If petitioners’ position’ be correct the election in either event must be set aside;: further, additional and quali- fied signers might be Secured, the pe- tition again re-filed, another election called and) held and then, again, the sufficiency of the petitions might again become subject ‘to attack for further ins iency and, if so found, such election must. be set aside and so, an infinitum. The petitioners do not now question the legality of the self or specify any irregu- Jarities’ inthe conduct of such elec: tion. ‘They question only the, suffic- iency of the petitions. As hereinbe- fore stated, it must be apparent that, pursuant to the recall constitutional amendment, the electors of the state have the right to propose and file re- call petitions; the electors of the state also have the right to object to the sufficiency of such recall petitions either before the Secretary of State or by resort to the courts. These are apparent and concurrent — rights. Agencies for the exercise and deter- mination of these rights anterior to] 1 the time of holding a recall election, | have been provided. Necessarily, these agencies which have the auth y to pass upon the sufficiency. of recall pe- titions prior to a recall election, must be a determining and final authority. Otherwise, it follows that the respec- Each Capsule. bears name & SAVE 50c A TON Order* Your Coal From The New Salem ‘Lignite Coal Co. (Corner Front and Eighth St.), CHAS. RIGLER. Manager. Phone 738. , COAL $5.00 PER TON DELIVERED B|sum of 5% of bid must SUPREME COURT tive concurrent right of the electors to | pnop or, of the electors to object, | to recall petitions, may be rendered, | in either event, nugatory or useless | by the individu ionof either af- | ter an election, in fact,” been held. Manifestly, where no objection has been made before the secretary of State nor any proceedings taken into! court anterior to the holding of a re- call election, and where the electors | proposing recall petitions are not giv- en any opportunity to exercise their concurrent right, it must be presumed that the Secretary of State, in pass- | ing upon the recall petitions, has per- formed his duty.” Legal Proceedings | After discussing the legal proceed- ings which grew out of the removal of a county seat fnom Caledonia to Hillsboro, in which the sufficiency of the petition was attacked, following the election, and citing the decision of the supreme court at that time that the election closed the door to attack upon the petition, .the opinion con- tinues: “Further, after the holding of such election, it must be presumed that electors objecting to such recall peti- tions have acquiesced in the presump- | tion that the Secretary of State has; performed his duty. To otherwise: hold, would, in effect, simply make the | expressed will of the electorate at an | election a sportive play to be resolved thereafter into a reality by a deter- mination of validity or invalidity de- pendent upon proceedings that might ; be had concerning the sufficiency of recall petitions. This could serve no} other purpose than to introduce into governmental affairs hopeless confu- ; sion and uncertainty in governmental | operations. Assuredly, the recall con- stitutional amendment contemplates | no such construction nor may any such construction be gleaned from the statutory or cognate law. i “It is well recognized in this state} that canvassing boards do not possess judicial functions. They are not con-| cerned-with the validity or inwalidity | of an election. Their duty simply com- prehends the reception of the returns and the declaration of the Tenis | shown thereby. The state canvas: ' lyoard does not even issue the certi cate of election. This is issued by the | secretary of state. It is manifest that | the action of the state board of can- vassers can neither validate nor in- validate the special election held. It j would be highly improper for this court, by equitable, interposition, to determine the validity of the election | concerned, in any event, by injunctive process. against such canvassing board. 3 “For the reasons stated the appli-| cation must be denied.” | HAIL WARRANTS | “ATO PAR CHT | Attorney General Sveinbjorn Johu-{ son ‘has received from one of his con-| stituents the mimeographed copy of a letter from a North Dakota Finance} Corporation in which the offer'is made | to buy hail warrants of 1921 at 20 per cent below. their face value. The in-, ference was that this particular com- pany had mailed a copy of the letter| to every man in the state awarded aj hail loss. The letter was sent to Mr. Johnson with,a request for informa- tion as to the/possibilities of the pro- posed loans upon the face value. NOTICE OF MORTGAGE FORE- CLOSURE SALE Notice is Hereby given, that the-cer- tain mortgage executed ‘and delivered by William E, Lips and Margaret Lips, his wife, mortgagors, to August B. Johnsen, nfortgagee, dated the 28th day of October, 1917, and filed for record. in| the office of the register of deeds of | the county of Burleigh and state of | North Dakota, on, the 6th day of No- | vember, 1917, at 4:20 o'clock P. M., and recorded in Book 147 of Mortgages, on page 136, and thereafter duly assigned to John 0. Ramstad by an instrument in Writing. dated, the 24th day of De- cember, 1917, and filed for record in fice of said register of deeds on the 5th day of January, 1918. at, 9:50 o'cloci A, M., und recorded in Book 139 of Assignments, on page 171, will be foreclosed by a sale of the premises in such mortgage and hereinafter ‘de- scribed, at the front door of the court- house in the city of Bismarck, ‘in the county of Burleigh and state of North Dakota, on the 6th day of February. | f r-of ten o'clock A. M..| e amount .due on such | | mortgage on the date of sale. i Said mortgage will be foreclosed and | such premises sold by reason of de- fault in the payment of the install- } ments in such mortgage stipulated to be paid, Under the terms of said mort- by virtue of the defaults aforesaid, the entire principal debt se- red by said mortgage has become due and hereby is declared due The premises described in such mort-/} gage and which will be sold tovsatis- fy the amount due on the same gfe de- scribed ‘as’ follows: The So#theast | Quart (SE_ 1-4) of Section Thirty-} two . Townshin One Hundred | (149) North. of Range} (78), West of the ill be due on such morteage day of sale the sum of $1,717.41. Desides the costs and expenses of this sale. Dated this 31st day of Decem- ber, 1921. JOHN O. RAMSTAD, | Assignee of Mortgagee. G, F. Dullam and ©. L. Young Attorneys for Assignee of Mortgagee, tismarck. Narth Dakota, —7 14 21 28 2 bth 12--31; 1 2—4, BIDS WANTED will be opened January 10, at 8 o'clock P, M., at the McCabe 3. Church in Bismarck. North Da- for the furnishing and installing pam heating plant in said church ng to the specifications. there- for of Architect Van Horn, which may be inspected by bidders at his office in Bismar. rth Dakota. ‘ i Separate bids will be opened at the same place and time for installing such jeign governments and speculators. ja premium. NEW SIGNPOSTS T0 PROSPERITY ARE APPARENT Says President Joseph Griffin, of the Chicago Board of Prade ‘FREIGHT IS TOO HIGH | And There Should Be a Revision | of Taxation To Encourage Investment Ohicago, Dec, 31—Old-fashioned | American courage is coming to the} surtace, President Joseph P. Griffin of the Chicago Board of Trade noted in| his annual review of business condi- ticns today. Me declared that new! sign posts to prosperity are apparent. | “This rising tide of faith and con-! fidence is mirrored in many industries,” | his reviews says, “Courage is driving out the fear that has been shackling production—-a_ fear engendered much ‘by political as by economic! events, f 1 “General readjustment of price lev- | els is going forward in a more order-| ly manner, which is a most hopeful | sign. This will result in gradual lift-| sing of the burden of price inequaliti It will stimulate buying and produc- | Mtion, and absorb the army of idle men | and women. “There should be a reduction in jfreight rates, and revision of taxation | in a manner that would encourage in- | vestment. Freight rates and tax laws constitute a barrier of paramount im- | portance. | “From the day price. deflation. hit| {agricultural products the grain trade | has struggled as never before against elements that tend to upset the natu al operation of the marketing machin- lery. “These menacing elements have in- | cluded widespread and usually selfish | criticism of the whole grain distribut- | ing system; introduction in legisla- | tures and in Congress of a score of | proposed laws with the single pur-| pose of wrecking the marketing sys- | tem and substituting experimental ! methods; intemperate marketing by| farmers at critical periods, and the; withholding of grain, on the advice of professional organizers at times when | {the surplus could, in a measure, have | been absorbed at greater profit to the! farmer. a | “Tg, later, years producers will real-| ize, that the grain exchanges per- formed ~~ remarkable economic servy- ice, They made possible a ready mar- ket for the grain grower, at a time) when wool growers and producers o1| some other commodities were abso-} lutely without a market. | “Fortunately the sweeping provi- sions of the many regulatory measures weré ‘ot enacted into law. But the constant battle to prevent such eveht- ualities kept the entire trade in a tur- moil throughout the year. | “Competent speculation has been virtually driven .out of the market. Country bankers were forcing farm- ers to liquidate and pay their debts. Farmers were becoming panicky. They rushed their grain to market in a frenzied manner. “The movement was _ extremely la¥ge in spite of the fact that we did not have an unusually large crop. The tremendous marketing was'in ex- ‘ess of the combined purchasing pow- er of our domestic consumers, for- Speculation always has been a bolster to prices. But it had been largely killed off and its absence was indeed a serious blow. “So the grain trade's greatest hope is that 1922 will see a more sympa- thetic attitude by law-making, bodies toward business generally. With this co-operation the exchanges will strive to maintain the high standard of ef-' ficiency which, has made possible’ the distribution of grain at a lower cost between producer anf consumer than exists. in any other. staple commodity. SUBSTITUTES “TNRUSSIA Moscow, Dec. 31.—Every day life in Russia is a very practical lesson in self help. Wher the central heating apparatus fails, and heating plants which have not been repaired for seven years often fail, one buys a sheet-iron stove and pipe in the mar- ket, thrusts a pipe out through his window, searches for high-priced wood in the markets, cuts it and builds a} ire. If the electric light bulbs burns out, or the fuses blow, or the wire wear out, one goes to the market for the necessary supplies, gets out one’s pen- knife and becomes one’s own elec- trician. 5 It is a great tragedy when shoes or clothing wear out or require repair- ing. Tailors have no cloth and shoe makers have no leather. These can be foundsonly in the street markets and it requires many hours to place a pair of shoes and sufficient leather for half-soles in the hands of a cob- bier who will sew them on. ‘ The !ack of serviceable new cloth. in the markets ‘has put worn clothing at It is greedily bought by men and women who have it turned and renovated. Tailors are so busy a plant if the Church furnishes the ma- terials therefor. / | der of treasurer of said Church in the/ ‘company each bid. i The right is reserved to reject any or, all_ bids. { Dated December 30.1921. LOBHRKE, | Official Board | Human spinel inches long. . Nicaragua is almost exactly the size +of New York state. 5 ° (plies. Small contractors can freauent-| with this sort of work that it fre-| X certified check payable to the or- | quently requires several weeks to have | never. repairs made. | Plumbers antl tinners and carpen-} ters and painters utterly lack sup-j ly supply workmen to make; building, repairs of minor character. but they} are seldom able to provide the re- quired -materials. This necessitates hours of search through the street} yards. The capital, organization and| Confidence which are necessary to ef-} fect the assembling of large stocks are still lacking. ! j ernment. BISMARCK abit ie rtd 0 You Can De Wonderful Record Despite the adverse financial conditions of ‘1921, the Bismarck College has not only placed every one of its graduates, but has placed in good business and bank- ing positions large numbers of its undergraduates, and many students from other business colleges, who have come here for help termine the Merits of a College by the Students in Attendance The Bismarck Business College is patronized by a class of people who must have the very best. stant State Superintendent; Principal and dents are eXx-ass Among its former stu- teachers. of High Schools; hundreds of teachers from the grades and county, schools; students business colleges: and the sons in large numbers from other and daughters of Judges.of the Supreme Court of North Dakota, of preachers, educators, law- yers, doctors, merchants, bankers, farmers. ‘The Bismarek Business College numbers among its former students hundreds of the most successful, business men and women throughout the United qualifiedly recommended ‘ by States and Canada. It is un- every merchant, banker, and cliureh in its aequaintanee, and thousands of former students. Its ktudents receive from $80 to $125 a month from the start, and advance rapidly to the most responsible pos and banking world. These busin tions in the salaries and rapid advanee- ments prove the value of its courses OUR SPECIALTY It is our specialty to train young men and women for the higher salaried business and banking po- sitions. THE OLDER MEMBERS of our faculty number among their former graduates thousands of the most successful business men and women throughout the country. NEVER BEFORE in our long experience have we been prepared to do so much for our students as at the present—when we had at our command such constant and urgent demands for bookkeepers, stenographers, and office BISMARCK Ghiinas in securing enployment EQUIPMENT is positively the very best. The nearer the equip- ment in the'college you attend, checks ttp with the equipment in: the real business office and bank, the better your chanees for success in accepting your first position. If you will look through-this ‘‘MODEL OFFICE TRAINING SCHOOL’ you will want to attend. In this college it is office practice—learning to do by doing—from the very, start. This practical way of training under the per-- sonal and intensive instruction of experts, makes the fi student’s work intensely. interesting) from the very st, and the advanced work, w hen he gets to jit, as easy as the first. Here the dullest student can qual- y for the best bu paying big salarie iness and bank positon—positions> from the start with a future that appeals to the most ambitious men and women. YOU BY WHAT WE HAVE DONE FOR THOUSANDS OF OTHERS Another Accomplishment During 1921, we also purchased the building which has housed. the college for the last five years, spent $5.000 for improvements, and there is not on earth today a more completely equipped institution for its purpose. If you have not visited this college recently, please do BISMARCK ——— so at your earliest opportunity. ou: will say as have others: lation to you. ' { i help, and when our equipment was so yp-to-date and complete. ai IF BUSINESS AND BANKING EVER APPEALED TO YOU, LET US PROVE WHAT WE CAN DO FOR It will be a reve- "Thad no idea there was anything like it in Bismarck,” ‘Winter session, Day and Evening, open January 3. Come! What we have done for thousands of others, we can do for you. | For Particulars, write G. ' M. LANGUM, Pres., ; Bismarck, N. D. SATURDAY EVENING LETTER (By Justice J. E. Robinson.) December 30, 1921. All hail the glad New Year. May it be a year of eco- nomic reforms, so that by thrift and industry cvery person may have a chance to secure the comforts of life. The inherent right of every person is to- acquire. possess and protect pro- perty and to pursue and obtain safety and happiness.. Tio protect those rights, that is the main purpose of civil gov- “Civil liberty is natural lib- erty so far restrained by human laws, and no further, than is necessary and expedient for the general good of the whole.” The first duty of the state is to protect every pergon against theft, fraud, violence and every form of tyranny. The tyranny, of a majority may exceed that of a Nero. ‘Robbery by a‘majority, under the guise of law, may exceed that of a thousand Robin Hoods. In‘a free state the peo- ple have a right to enjoy civil liberty, | There is no warrant for tyranny. The majority have no right to decree that any man shall stand on his head or be tethered out and restrained of his liberty like a bull on a rope in a pas- ture... It is only. when someone like Kings Nebuchadnezzar and Belchazzar have transgressed the laws: of. civil liberty that he may be staked. out. and forced fo eat straw and grass like an Ox. The new administration gives prom- ise of success. We hear the voice of one crying in the wilderness: Prepare ye the way of the Lord. Make his path straight. The new governor pro- claims that public money is not td be lavishly squandered; <hat public ser- vants must do their duty faithfully or quit their jobs. ‘He sounds a note of timely ‘warning, a command to break every: yoke and let the oppressed go free. He declares there must be an adjustment of the tax burdens and that the people may no longer be rob- bed under the guise of taxing them. His admonitions are re-echoed by the j Press and the big dailies that hereto- fore never gave a note of warning and | never saw the handwriting. on the wall. Of course it is better late than Now all agree that we must bell the cat. We must scale down and liquidate the tax burdens, cancel the illegal taxes, the costs and the penal- ties. To accomplish all that we have only tovadopt several good measures at the next primary election. The first step is to formulate each measure, cause the printing of several hundred copies, and secure the signatures of ten-thousand or more legal voters. cord, is about 18! stalls scattered along miles of boule-! ‘Then it must be filed with the secre- tary of state at least ninety days be- fore the primary. “Ten thousand elec- tors at large may propose any mea- sure by initiative petition. “Every such petition shall contain the full text of the measure and shall be filed with the secretary of state mot less than ninety days before the, election at»which it is to be voted upon.” In the past we have heard much of the League Program and the demand to give it a fair trial. Who knows what is meant by the program? (If it means to conduct a bank, a mill or a building enterprise as the same has been conducted, then it has been given a trial and it has proven a.sad fail- ure. It has bean weighed in the bal- ance and found wanting. But if the purpose of the program is to conduct public enterprises by stock corpora- tions with a union of public and pri- vate capital, like the Federal Reserve Banks, then it has not been given a trial. The general policy of the state has been*to throw the industries of the state wide open to exploitation, without. aay competition or restric- tion. In ‘North Dakota every indus- try depends on the farmer. He bor- nows money at excessive rates, buys motor vehicles and..farm machinery and everything at excessive prices. He pays excessive freight rates, takes all the chances on heat, rains, winds and weather, and markets his. uncertain products at a loss. Year after year he @oes not receive pay, for the labor of himself and family with a net profit of two per cent. Surely there is some- thing wrong. Surely there must be a remedy. There must be some compe- tition, some festraint on exploitation. There is no wealth, there ig nothing but poverty in the continuous produc- tion and export of raw materials and the importation of finished products. We can ill afford to grow pigs and cattle and ship: the raw products to St. Paul or Chicago, pay freight both ways, and buy the finished products at three or four’times the price of the taw products. The freight charges alone should suffice to pay for turning the raw into a finished product. Surely there is a way to beat that game. ‘There is a way to make a success of the milling business and to sell a bar. rel of flour at the price of five bush- els of wheat. There isa way to es- tablish good woolen factories and to sell good woolen blankets and cloth- ing at half the present prices. There is a way to make and sell motor ve hicles and farm machinery at half the present prices. The present automo- bild taX of nearly a million dollars a year would go far toward establishing a small factory. There is a way to refund mortgage debts at five per cent a year. There is a way—a sure anc easy way—to reduce the assessments and texes fifty per cent.. The way—the first ctep—is by a proper use of the vo ® i \You brought I don’t think In hopeful BISMARCK AVE ATQUE VALE , Goodbye, then, 1921; You were a good friend, in the main; \ a little more of fun, And. happiness, than woe and pain. that we can’ complain About the deal we got:from you; Goodbye—oh, Hello there, 1922! here’s your hat and cane!— We greet, you very gladly, son; Now that we’ve seen the old year wane, We'll watch you wax. You have begun style; can you maintain Your present pace without a strain? If so there Which in the ’s much that you can do past we've sought in vain— Hello- there, 1922! ; Perhaps you'll teach us how to shun Grim wars And by your that split the world in twain; magic may be spur *About the world a golden skein + , You come to We wish you initiative procedure at the primary and at the next general election. Do not then stand idly waiting; Do not ‘fear to do and dare. Our Court has discovered a simple jand easy way of keeping up with its work and making it easy. It is done by. holding monthly terms of Court, hearing arguments and deciding every case while it is fresh in memory, Then our judges are learning, during the business hours. of each day, to keep at their work till it is finished and to go afishing only when there is no work undone.. We are learning to write shorter and better decisions and to avoid the slipshed method of copy- ing records and evidence. We are im- proving our style of composition. We no longer write: “He made, execut- ed and delivered to John Doe a prom- issory note.” We say: ‘He made to John Doe a promissory note.” by Here is an answer to some questions by. Hen. Arthur P. Rugg, Chief Jus- tice of Massachusetts: “Dear Judge:—Answering. your let- ter. our Court has five judges elec for s We @p no nisi p Of love and peace. Ah, we are fain , To have a hope like that come true, A hope that,thrills the heart and brain. Hello there, 1922! : bless and not to bane, And now the old year’s done and through luck throughout your reign— Hello there, 1922! . y (Copyright, 1922, NEA Service.) r Soe WA = teronis We have a supervisory .juris- diction over inferior courts and orig- inal jurisdiction in such cases of pub- lic concern as involve questions atf- fecting the sovereign rights of the state. As a rule, we decide no case without a written opinion which is signed by tHe judges concurring and filed. with the clerk. During the pres- ent year we have decided and filed opinions in one hundred and fifty- eight cases. The duty of each judge bis to formulate and submit an opittion in every fifth case as the same appears on the court calendar. Our terms: of court commence -on the first Tuesday of each month, excepting July ana August, which are vacation months. We aim to finish all pending business before the close of.each month and to leave nothing hanging over. There is no object in appealing for delay or in ioving to advance a case. We push the business and have a continuous round of pleasure.” The writer makes it a part of his business to give the press a weekly letter on the doings of the Court and ether matters. He is the Court Gon- | fessor. ‘i