The Bismarck Tribune Newspaper, October 29, 1924, Page 3

_WEDNESDAY, OCTOBER 29, 1924 GOOD FAITH BY ABSENT VOTER HELD REQUIRED, Provisions of Law Explained ' By Assistant Attorney- General to Committee CAN'T DODGE LAW| ‘Holds That Voter Must Be Absent Before Election to Be Able to Use Ballot The he used in the forthcoming election bent vote by a person who does not intend to be absent from the county on the | of election, it is held in’ an opinion given here by L .Butter- sistant Attorney-General. ‘The opinion was in response to a est vor information by the Bur- h Independent Campaign —Com- ittec, The only exception found by ‘Mr. Butterwick in the law is) in the event that the voter casts an absent ballot, goes out of the county and returns une election d wick, ballot om be counted in this event. If the voter cast an absent ballot and did not leave the county it would be grounds for contesting an election ina pre- cinet, he holds. Opinion In Part The opinion, in part follows: construction of the absent vote iHot law and for a specific stat ent as to whether or not electors may cast an sent voter’ in fact they are not absent from the county upon election day, and | also for specific information as to whether or not an elector of a pre- cinct can challenge an absert voter's vote, beg to advise you that Section that ‘any qualified elector of this te having complied with the laws 1 regard to registration who is ab- sent from the county of which he is an elector on the day of hold- ing any general or primary election, nay vote at such election as here- inafter provided’ It is perfectly clear from the language employed by the Legislature in drafting thi¢ see- tion that only such electors as are absent from their county on election day may vote by means of the ab- sent voter's ballot and if this were the only section dealing with the subject, there will be no difficulty whatever in holding that if the voter was present in his county on election day th the clection board receiv yg his sent voter's ballot. Another Section “Section 1002, however, provide follows: b- be construed so as to permit any ‘qualified elector of this state who is present in his county after the official absent voter ballots of such county have been printed, and who has reasons to believe that he will be absent from such county on ection day 9s before provided in tion 993, to vote before he leaves his county in like manner as ab- sent voters, and any qualified ele tor who-has marked his ballot hereinbefore provided who shall unexpeetedly return to his preeinct before or on @ection day shall be permitted to vote in person, provid- ed his ballot has not already been deposited in the ‘ballot box.” “It thus will be seen that Section 1002 modifies in a degree the pro- vision of Section 993, and under ter section in certain circum- stances, it is legal for the election board to receive ian absent voter's ballot when as 2 matter of fact the iéeter himself is present in the edunty, * * * In order to construe both the sections above referred to so that each may receive a reason- | able and practical operation, it is necessary that we limit the opera- tion of Section 1002 to those speci- tic instanecs where the elector has in fact left his county in pursuance # the expectation stated in his ap- plication for absent voter's ballot, but has unexpectedly returned to county on or before election y, and it is the opinion of this office and we so hold that in those instances where~ the elector has -fecured and marked an absent ‘oter’s ballot in the expectation of leaving tho county or the alleged ex- pcetation of leaving the county, but as a matter of fact never leaves the county, he is not entitled to have his absent voter’s ballot deposited in the ballot box by, the election of- ficers, and that if such ballots are deposited and counted by tHe elec- tion board, the canvass of the same. by the board will be ground for a contest of the election in that pre- cinet.” 4 Man Held Is Not Minot Yegg Fargo, N. D., Oct, 29.—Harry Mill- er, awaiting trial by the Cass coun- district court in the county jail, "on a charge of carrying concealed weapons, is not Harry Miller wanted by Sheriff A. S. Spicher of. Minot for robbing several North Dakota banks, according to W. C, Macfad- den, secretary of the North Dakota Bankers association, A full description of the Miller wanted at Minot was sent by Sheriff iSpicher to Mr. Macfadden. Miller was arrested by Fargo po- ice a’week ago and on his person urglars, 'ESTIMONY IN RANSOM AUDITOR CASE SUBMITTED Lisbon, N. D., Oct. 29.—Transcript oceedings ,asrainst. John Gray ispended Ransom county auditor, tharged with misconduct and mal- Basance in office, has been com- ed and forwarded to Gov. R. A. estos. Within 10 days after the ‘receipt 's ballot may not | tedly on or before ying to your request for a ballot Weloe the testimony hold i » will be further ECONOMY IN SCHOOLS URGED: Both Interests of | Pupi! and ' Advice eee when the ¢ , Compiled Laws 1913, provides would be no authority for | St ‘The provisions of this act shall be cui which all of us put into a fund that we may have ity what we cannot hi money persor » on school expens there are in the home when it is n cessary to spend le for a hundred cents {school property ing the schools s methods of a in their ing economy management must be condemned b public sentiment, which must aroused to the jntere: dren not, however, overlooking the which the taxpayer must addition to the schools,” STATION KKK. Now \S THE END OF 4 } "ng + DAY STATION WOOF TS tHe END overnor Nes- ring before uxpayer, “Careful spending, wise _ spending, thoughtful spending for result in better schools at less ¢ ndent of the Parent-Te: MeKen ated,” M not be enfo , but only moni a commun- individ- 1 trust and adminis: There are as m and make ev and utiliz- to the fullest ¢ attendance by pupi mplish- onduct. inefficient b ine: so be of the chil- id. INL was until the Real of Indianapoli to an ord M : e Andrew United States dist 5 i is triable ion during the term which will lly hools, will ate last night, cooperation between patrons nol officials to the end that interest of the yers may be served. is an attitude of mind s Pal- ed. by It would be fine if we could © everything taught in our public schools and paid for from the pub- But there is no such thing pupils~and ‘KO a STUDENTS HELD NOT GUILTY OF | SIGNALS general and property should reports m with alleged off signals and Washington # prior to a recent game. f the Exoneration pected students after a lengthy student cou Cook By ‘Wire Instead of by Fire, By MINOT ee ae ORDINANCE | . 8. COU RY D., Oct, rest ordinane+ the ing that the interfere comme: organizat! the measure will imm liberty out due process of law. their the ordinance all solicitors who receive a deposit in ad i post y auditor, $ on foot those ie K stood exone that 1 of THE BISMARCK a “| mounted deer after and plays of students was late last night | was found a number of tools, which, | epolice say, are used by professional | testimony taken in the ouster | Marie Prevost is marricd again, lan, also of the movies. Church, where the ceremony was performed. ing.hands with the officiating, clergyman, Rev. John A. Eby. like Miss Prevost, has ‘heen wedded before. MARIE'S | A BRIDE AGAIN Her latest husband is Kenneth Har- Here they are leaving Wilshire Presbyterian Kenneth is seen shak- Roy Grove ST ATE MUSEUM | OFFERS MANY FINE EXHIBITS State Historical Society to Display Relics of Pioneer Life in State TWO ROOMS OPENED, With the new Liberty Memorial Building on the state capitol grounds | occupied, the ota State Historical So s able to offer the public one of the | finest museums in the Northwest. | The Museum, which occupies the r of the new buil gz, has! ree display r jand exhibits now are being ed | | in the pioneer room, which will be the largest of the three. Indian disp! ty of the Historic will be added to from t to time. Included among the exhibits are a relief of a typical Mandan Indian village, a skin boat used in crossing the Missouri River, an Indian cere- monial drum, ceremonial costumes and pictures, When the Indian ex- hibit is ed Curator LF. uwford believes it will be the fin- jest in the Northwest. | The Natural Histo con- ts of birds and niammals ive to | North Dakota, Many beautiful speci- | men of the taxidermist’s art are of- fered in this room, Included among the exhib at buffalo skin, a coyote, and | wild © One of the most prized ex- ‘hibits is that of two deer heads, with {horns locked. The deers were found by Jefferson McDonald, cher liv. northwest of Billings, according to the information in the ha of the Society, They were locked in death tle. One deer was dead and the other dying when found. Be- cause of the remarkable interest shown in the exhibit, it was sent to the Pan-American Exposition in Buf- falo in 1901. The Pioneer Room will contain ex- hibits of all kinds which pr this and coming generation: | depicting the methods of pioneer 1 \ing in North Dakota, Many imple- jments used on farms and ranch which now are obsolete, will be in- cluded. Th e provided for the Muse- um will permit of expansion in the future. The ¢ from which the famous equestrian statue tof Theo- dore Roosevelt, given to Portland, Oregon, by Dr. Henry Waldo Coe, will be placed in the new building. Little Dakota Girl, Now An Orphan, (Continued from page one.) gether. Last summer the family be- gan to break up, the older sister and brother Jeaving home. Fanny wa taken to Watford City, where she is attending school. ‘I am very lonesome,” she wrote 2 re} it rains. I sit in my little room and nd as the in dro Two Of Poems Two of her poems follow: MOTHER Your a dear little lady, old and ¢ {And I can't help loving you more H each day, |Your eyés ure as blue as the blue! above, days of love. now fadeq aw: But your loveliness terday, Your a dear little lady, old and gray ngers as of yes- each day, A REVERY I'm sitting alone by a window And the wind does softly blow, I'm thinking again of my mother And the days of long ago. ‘She enters the room so softly And stands in back of my chair, She tells me stories of long ago While her hand caresses my hair. The sun sinks lower and lower, And finally it leaves the-sky And the room is left in darkness, Save for the light in her eye, She tells me how much she loves me And the world does peaceful seem But alas, I awake to find It has only been a dream, Then I feel forsaken and all alone, Into mother’s arms would créep, But in » lonely little graveyard, She is lying tast asleep. But I must not weep or sigh or cry Or show my anguish and woe And smile though a tear be in my eye For God has willed it be so, My mother is an angel And she sits on a throne above With Daddy right there near her, To tell her of his love. And she, my mother darling, Is so glad, to have him near, For she couldn’t live when he left us, Life for her was sad and drear. So Daddy must have pleaded with The angels up above, Until finally they consented And sent to him! his love. But I’m lonesome down here mother! oms, the “Na- | History Room,” the “Indian | nd the “Pioneer Room,” The! An exceptionally fine and complete | Expresses Sorrow!: look out through the window and ery | woman s for my Mid and mother. I realize |help her now what it means to be left with | ity | oUt parents |told in “Sinners in Heavy But they do not sparkle as in the| The roses, from your cheeks have} Zickuhr, Bert; Ali And I can’t help loving you more/trma Weigel, Hebron; Lavern Hau- | tal or treatment: Mr. J. J. Gree! i ir. E ALADDIN AND HIS LAMP Fall ieee Marcus Loew was once a r Style-right T tea-time, or in more serious moments, it is a joy to know your Shoes are appropriate for It gives you poise and assurance. ht Shoes and can supply you itable tur each hour of a busy day. the occasion, We carry all styl with the type s' agged newsho: Here is the home he has just bought « cost the present theater management Long Ishind a eaInGH dollars, And I long for Daddy too ome day Dad and Mother darling Fis come up there ty you. The little girl shows much promi in writing poetry eneours ied by relatives. _AT THE MOVIES: ‘ i = CAPITOL George O'Brien, the new William x star, whose unforgettable work “The Man Who Came ky" en fans of the ina f ld, tured rote from L ing To: in cd s new Fox day run at inning Mon story. production will open the Capitol theatre day. As in his initial success thy in the title role, “SINNERS IN HEAVEN” The engagement of Hugh Roche dale and Barbara Stockley set the little English town of Darbury siaz ling with pleasurable gossip, Eve bedy purred contentedly over the sutisfactory match, “They will make such a nice, respectable, young: cou- le No one even vaguely suspected the truth. A sense of duty had made Barbar consent to the engagement. She did not love Hugh, He was too dull, too stodgy, 2 poor substitute for the f her dreams. sick of her narrow surroundings, bored to death with her conventional home life. She longed for freedom, She itdment. Her soul was She wanted to ichoes of world had filled her strange, wild impulses. With her wedding day four months off, Barbara grew desperate ly restless. If only she could satis- fy her desires, taste a little happi- ess before marriage caged her in rbury forever! To Mrs, Field, a worldly woman, her intimate friend, cavalier o ve in Tuttle, “especially when{she poured out her innermost yearn- ings. That wise, understanding mpathized and promised to This entertaining story will be 1” which fall against the window pane, itis being shown at the Eltinge seems as if the whole world were! Theatre today and Thursd Bebe crying with me, And during these | Daniels and Richard Dix are fea lonesome, rainy days I write my | tured. poems—poems that come from ep! down in my heurt from loneliness | @— -—————_________@ and longing for my daddy and moth. | | CITY NEWS | aaa == ee To Hold Voters School There will be a voter's school held t the Wachter School, Friday eve ning, October 31, from 7:30 to 10:00. An invitation is extended the gen- eral public to attend and it is hoped it there will be a large uttend- ance. A free lunch will be served. i Admitted to the Bismarck hospital | for treatment: Julius Boschee, nd; Ruben , Wishek; Haugen, Taylor. le McCabe, Stecle; Ronald M ollock, S, D.; Em- ma Knudson, Pollock, S. D.; M A, Ellison, Huff; Wm. Maier, Youngtown. St. Alexius Admitted to the spital Alexius ho: Zeller, le Beard, Brittin; Miss G trdue Smith, city; Mrs, Elias B tenton; Mr.’ Ben Hanson, Dawson. Discharged: Mrs. C. Sanburn, Bloomfield; Miss Christine Madche, Dodge; Miss Wilhelmena Madche, Dodge; Master Harold Lipsitt, Ami- den; Mr, Ed White, city. Miss Gertrude Smith underwent an operation for append at the St. Alexius hospital this morning. Card of Thanks We wish to thank our (riends and neighbors who so kindly assisted during the- sickness and death of our beloved daughter, also for the beautiful floral offerings, Mr. and Mrs. J. W. ( mberlain All Bismarck women are invited to attend the Inde- pendent Voters School on Main St. at 3 o’clock Thurs- day afterncon to hear Mrs. L. N. Cary, National Com- mittee Woman. Ekectrie Cookery. Is Better Cookery. The natural vegetation of eastern China resembles the vegetation of the eastern part of. the United States. CHARGE FALSE | PAGE THREE Oxfords Strap Pumps In pS USE OF NAME OF G. ML. YOUNG Stutsman Winds pata Head. quarters Charges nd she is being sent from the city at int cently, is now in) Mir $ has decided to make his home th tccording to wed him to the motion — picture Too Late To Classify y modern five Tobaceo Monopoly Bureau. of studying tobacco: FOR RENT: tinted Saturday immediate possession, in Amer » Stutsman County 500 CASH—Th kaill is playing opposite him ern home, east front, hot water heat, 6 rooms with h, hard wood floors, f . eae Gone ‘econd district. cash, paying the balance However the letter was sig nd talk it over. Henry & Hea | stenographer'’s mark e Stutsman organization charg ara was | light housekeeping or swer to the charges, public the following tele was dated October 2 Cooperstown, N. For Sale, large office desk. Bismarck, N. D Attention just local headquarters Saturday a Stutz Roadster called to faet th i . Phone 187, 800 Main St 2 M. Young president, bunch usinge error i lelub this morn : postal employ- ing getting out | rectifying error, aired in Nonparti fortunate but we've taken the before it sernicn their pungk: PWealingidusa at Rub the f most of your phy ounty of Bur- Book 144 of premises in such ee ag ‘The name is Joint » big: discovery stiff, swollen, Court fon ie a tube for only} ys remember when J pony pets out filled, cash or C. O Pope Laboratories, y of December, A. itisfy the amount due on said mort: | yeis in joint mortgage and ot will be sold t ip One Hundred Seventy-nine (Rge. 79 There will be due on such Thin Men — Skinny Men Run Down Men Nervous Men You probably know that Cod Liver | Oil is the greatest flesh producer in TYPEWRITERS OF ALL MAKES, Rented — Repaired Sold on Easy Payments. Bismarck Typewriter Co. 207 Broadway Because it contains more Vitamines than any food you can get. | You'll be glad to know that sugar-coated tablets now, so if you really want to put 10 or 20 pounds of real healthy flesh on your bones and feeb well) k druggist for a er Oil Tablets. Only 60 cents for 60 tablets and if you don’t gain five pounds in 30 days your druggist will hand you back the money you paid for them. It isn’t anything unusual for a per- son to gain 10 pounds in 30 days, “Get McCoy’s, the original genuine Cod Liver Oil Tablet.” Finney Drug Co., Cowan Drug Co. and A, P, Lenhart Drug Co. DR. R. S. ENGE Chiropractor Consultation Free Lucas Bik. Bismarck, N. D. OLDSMOBILE SALES AND SERVICE DAKOTA AUTO SALES CO. 107 5th St. Phone 428 Living in Minneapolis Jack Bennett, who has been ab+ ery friends here. He aid to have ased a rooming hous TOBACCO STUDENT H. Yama f Japan, in th larketing country nd. ceo cooperatives cuthern plantations especially, IDDIES’COLDS should not be “dosed.” Treat them externally with— vicks VAPORUB Over 17 Million Jars Used Yearly CAPITOL THEATRE TONIGHT Wednesday MADGE BELLAMY and all star cast His Forgotten Wife Sunshine Comedy “AN ELECTRIC ELOPEMENT” Matinee Every Day At 2 TONIGHT Wednesday and Thursday Richard Dix and Bebe Daniels “SINNERS IN HEAVEN” Two big favorites in a picturi- zation of a famous, prize-win- ning novel. Screened ’mid the | tropical beauty of the South Seas. HODGE PODGE , LLOYD HAMILTON Comedy “GOOD MORNING” | aie aan hita, commissioner of the is touring the