The Bismarck Tribune Newspaper, March 7, 1931, Page 2

PRIOR Fas dare STICKERS J ustice Oliver Wendell STATE DEPARTMENTS FARE WELL ON APPROPRIATIONS Penal, Charitable and Educational Institutions, However, En- counter More Difficulty in Getting Amounts AUTHOR AND JURIST STILL IS A FIGHTER DRSPITE HIS YEARS} Large, Bent Frame Slightly More Stooped, but Mind Is Clear and Witty IS FAMED FOR HIS OPINIONS Says ‘Place for Man Who Is Complete in All His Pow- ers Is in the Fight’ By RODNEY DUTCHER Washington, March Still a fighter despite his 90 years. Justice Oliver Wendell Holmes of the supreme court of the United States remains from many standpoints the most distinguished figure in Amer- ican public life, his liberal views still undimmed by age. His large, bent frame is perhaps slightly more stooped than a year ago and his physical and social activities are somewhat curtailed. clarity of mind, the forcefulness, wit and beauty of literary expression, the liberal human sympathies that have made him world-famous in his more | than 29 years on the nation’s highest court remain unaffected by age. The arduous intetlectual work of a supreme court justice appears to be no more of a strain upon him than it ever was. Some of his most devoted admirers believe that the past five * years have found him at new heights thinking and expression, | of legai demonstraved in some of his dissent- ing opinions. He writes in long- e’ hand, without dic- 3 tating ever, Tras always believed in economy of words. Through the efforts of countless feature writers, the personality of Jus- uj tice Holmes anecdotes kim have become familiar. familiar are many ringing _ passages from his dissenting opinions from the high court's conservative majority, although they are often fondly quoted by liberal thinkers as the brightest gems of modern jurisprudence. Here are a few of them: ‘Freedom for Those We Hate’ Most popular and frequently quoted is his disserting opinion in the case of Mrs, Rosika. Schwimmer, in which the court majority barred her from citizenship because she would not promise to bear arms in defense of the constitution. Justice Holmes said: “Surely it cannot show lack of at- tachment to the principles of the constitution that she thinks it can be improved. I suppose that most intelligent people think that it might be. .. Only a judge mad with par- tisanship would exclude because the applicant thought that the 18th amendment should be repealed. If there is any principle of the stitution that more imperatively calls > for attachment than any other it is the principle of free thought—not free thought for those who agree with us but freedom for those we hate. I * think we should adhere to that prin- ciple with regard to admission into, as well as life within, this country. And recurring to the opinion that bars this applicant's way, I would suggest that the Quakers have done their share to make the country what it is, that many citizens agree with the applicant's belief and that I had not supposed hitherto that we re- gretted our inability to expel them because they believe more than some of us do in the teachings of the Ser- mon on the Mount.” In Defense of Free Speech In Abraham vs. United States, a case where five Russian-born persons in New York were sentenced for dis- tributing circulars protesting the American invasion of Russia in 1917, Justice Holmes wrote: “But as against the dangers pe- culiar to war, as against, others, the principle of the right to free speech is always the same. It is only the present danger of immediate evil or an attempt to bring it about that warrants congress in setting a limit ‘to the expression of opinion where private rights are not concerned. ‘When men have realized that ti has upset many fighting faiths, they »may come to believe even more than they believe the foundations of their own conduct that the ultimate good desired is better reached by free trade | Recommend priations. State Highway fund ed by Board ———_——_—_—_—_ >. { ] State departments encountered less difficulty in obtaining appropriations | than the various state penal. charitable and edueational institutions, analy- | sis of the amounts alloted by the legisiature shows. ‘ In most cases the various departments recéived the full amounts recom- |. mended by the state budget board and some were granted increases. In nearly every case, however, the knife was ‘wielded on institutional. appro- | PMThe appropriations allowed by the legislature as cotnpared with the | amounts recommended by the budgct board to various penal, charitable and; educational institutions and state departments, follow: 5 Budget Board Appropriation Recommendations .Granted Insane Hospital $ 21,000 School for Deaf 157,500 State Seed Departm * 25,450 Lieutenant Governor . 2,000 Supreme Court ..... 79,275, 775, Supreme Court Reporter an 8,250 District Court Judges ¢ 140,000 7.—\NEA)— j Secretary of State ¢.. § 43,900 Secretary of State—Pul 5, 27,055 State Auditor 5 66,040 State Treasurer 50.040 50,040 Attorney General +, 88,500 90,000 Dept. of Agriculture and Labor . + 23.765 23,765 Dairy Division . + 46,380 46,880 Insurance Depa! » 33,190 33,190 Railroad Commission 110,600. 140,600 Railroad Board—Elevator Di 26,400 30,200 Dept. of Public Instruction .........- «51,180 51,180 But the | Dept. of Public Instruction—State Aid 680,000 680,000 Land Commissioner . + 85,620 85,620 State Examiner .. 110,580 110,580 State Securities Commission . + 11,250 12,450 State Tax Commissioner . + 67,030 91,880 Board of Administration . + 64,080 63,580 | State Library Commission . + 23,600 23,600 State Engineer + 18,100 22,100 Adjutant Genera + 15,350 15,350 Returned Soldiers + 9,510 9,310 State Fire Marshal Depa: 24,000 24,500 State Printer ...... 8,900 8,900 Industrial Commission . + 6,800 6800 ‘State Board of Pardons . ~. 1,500 1,000 Twenty-third Legislative Assembly: + 112,500 123,150 State Budget Board ... seoee 2,500 2,500 Reward Apprehension of Criminals . see 2,000 2,000 Return of Fugitives from Justice . + 5,000 5,000 and | World's Fair at Chicago in 1933 . 18,000 State Penitentiary ........- « 222,760 215,960 School of Science at Wahpeton . « 117,530 116,830 Normal and Industrial School, Ellendale . + 110,875 104,906 Valley City Teachers College . sees wee 353,305 333,066 | Dickinson Normal School . « 172,830 164,498 Immigration Department 26,350 28,065 Mayville Normal School « 218,460 208,040 and | Minot Normal School 377,725 360,195 about! State Historical Society + 23,800 23,450 Pictures of Former Assemblies ..... tenes 2,172 Not so! Transfers from State Bridge fund to ian in ideas—that the best test of truth jis the power of the thought to get it accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That, at any rate, is the theory of our constitution. It is an experiment, as all life is an experiment.” In an opinion from the majority {is desirable that the government | should not itself foster and pay for other crimes, when they are the means by which the evidence is to be obtained.” | Holding against a five to four ma- | Jority that the child labor law was | valid, Justice Holmes asserted: if there is anything upon which Lenten servié t: at 7:45. ‘Thursday, at Larson and Mr: parlors. Morning ZION EVANG! 419 day in Lent: Sunday school Miss Elia Brelj at 10:30, ane,” being the Christ, sored by league of church. the +|and novel and even shocking ought | United States. decision that New York state had no | civilized cBuntries have agreed—far right to pass a law limiting work in| more unanimously than they have a oy hours a day, Justice) with regard to intoxicants and some lolmes wrote: other matters over which this count “A constitution. 1s not Intended.to | 4s emotionally. eeaused-te te tie. er | embody a particular economic theory, | of premature and excessive child whether of paternalism and the or-/|Jabor. I should have thought that Banic relation of the citizen to the | if we were to introduce our own state, or of laissez faire. It is made | moral conceptions where in my opin- for people of fundamentally differing | jon they do not belong, this was pre- views, and the accident of our finding | eminently a case for upholding the certain opinions natural and familiar | exercise of all its powers by the - + « It.is, not for not to conclude our judgment upon | this court to pronounce when’ prohi- the question whether statutes em- ; bition is necessary.to regulation, if it bodying them conflict with the con- ever may he necessary—to.say that stitution of the United States.” \it is permissible as against strong When the Toledo News-Bec Was | drink but not as against the product held in contempt in 1917 for chal- | of ruined lives.” lenging the jurisdiction of a federal Many of the Holmes dissentions are all ages. Special music at all se: FIRST LUTHERAN Avenue D and Seventh St. E, Benzon, Sunday school at English services al tertain the Lad! Every Thursday o'clock, the Luther hour over the Co- lumbia Broadcasting system, spon- a ‘THE BISMARCK TRIBUNE, SATURDAY, MARCH 7, 1931 : LUTHERAN A. at Fourth St. indahl, pastor. 9:45 a.m. Morning worship at il, Evening seryice, L. L., at 7:30, 7:30 e Wednesi stor. 30-p.msMre C. -" ST. GEORGE'S CHURCH (Episcopal) Thayer Ave. and Third St. D, 'Pierce-Jones, recte Third Sunday in Ler Holy communion at 8 a: Church school at 10 a.m. rayer and Sermon, Our Example in Work,” at 110’ i Evening prayer and sermon, “Christ and Money,” at 7:30. A welcome awaits you. |ELICAL LUTHERAN (Missouri Synod) Fourth St. J. V. Richert, pastor. Church services for the. third Sun- 1, 9:30 a. m., all classes. je, superintendent, Morning worship service (German) Bible hour, 6:45 p.m., in charge of the Walther league. Evening service (English) -at 7:30. Sermon, “In the Garden of Bethsem- third study in a series of ‘outstanding passion pictures of Lutheran Laymen’s the Missouri FIRST BAPTIST Fourth St, and Avenue B, +, Ellis L. Jackson, pastor, { Church school, 10 a.m. Mrs. Howard | the board of equalization should work McNutt, superintendent. Classes for Morning worship at 11. Pianist, Miss Prelude, “Tra: Esther Wilson. umerei” (Schuman), Offertory, “Theme” (Mozart) Anthem, “Fat ther, Hear Me” (Rue- bush), by the church choir, di- rected by Mrs. Clarence Gunne: Sermon, “The Jackson, Evening serv Good Samaritan”—Mr. vice at 7:30. A short, friendly service, with music by the church’ orches' “The Man Who @ series of sermons 01 Senior B. Y. P. U. singing. A short study life of Russell tra. Sermon theme, Burned Up.” Fitth of ‘he Twelve.” p.m. Good rogram on the Conwell. A cordial in- vitation to young people. Monday at 7 the church. ‘Wednesday at 7:30 p.m. service at th prayer p.m., R. A. chapter at midweek parsonage. 1 Topic, “The Crucifixion” (John, 18th chapter). Thursday at Aid will meet nedy, 618 Sixth 2:30 p.m. the Ladies’ with Mrs. R, E. Ken- M'CABE METHODIST EPISCOPAL ‘alter E. Vater, pastor. wi Morning worship at 10:30. Organ prelude, “Andante Grazioso” (Ashford ganist. Anthem, “Tarry With Me” (Bald- win), Organ offertory, “Penitent's Prayer” (Watson). Sermon, “Cross-Bearing”—Dr. J. 8. Vilds, district superintendent. Organ postlude, Williams), Stinday school at 12 noon, Classes | for all ages. Junior training clas Epworth i Evening wor Organ. pre}: Anthem, “Thou Who Guardest Al (Nordman). Organ offertory, “Reveree” (Saw-j ra Ss yer). Solo, selected—Mrs. Iver Acker. Sermon, “Hands of God"—Dr, J. league and probationers’ 3 p.m. 330, )—Miss Ruth Ro 7 OF Miss Helen Miller. “Postlude in EF" ue, 6:30 p.m. ‘ship at 7:30. ude, “Romance” (Bell). a.m. 0:45 a.m. and 330° p.m. Lenten service Wednesday evewng W. Porter will en- Aia in the church evening at 9 Lutheran. judge in a street car rate case and Chief Justice White and ©. majority held that the newspaper had at- fighting opinions, He was three times wounded in the Civil war, where he | won a colonelcy. They do say that Wilds, district superintendent. Organ postlude, “March in E Fiat" (Mallard). Prayer service Wednesday evening tempted to intimidate the judge,| he sometimes fights vigorously in Holmes dissented and wrote: | conferences with the other justices, “When it is considered how con- | and it was Mr, Justice Holmes who trary it is to our practice and ways | once expresed an important part of of thinking for ety Person to | his philosophy in the words: be accuser and sole judge, in a mat-/ «after all, the for a man who ter which, if he be sensitive, may in- re aoe if i { | In the Olmstead wire-tapping case | Holmes discgreed with the majority, as follows: “I think, as Mr. Justice Brandeis legislature at the final day of the says, that apart from the constitution | session. the government ought not to use evi-| The senate voted to J. L. Rosholt, dence obt~ined by and only obtain- secretary, S. J. A. Boyd, first assist- able by a criminal act. It is desir- ant secretary, and R. W. Byerly, secr able that criminals should be de- ond assistant secretary of the assem- tected, and to that end that all avail- | bly, extra pay of $1 for each-of the able evidence should be used. It also | 60 legislative days. ° SURE YOU'RE|RIGH) Wy Th ae ir. Re vas C Appreciation to legislative employes volve strong personal feeling, I should | the fight.” ae ee en ee rapes nee : Ol e case * insure aeersttuotum is ther presence?” iSenate Votes Pay to Wire-Tapping Evidence | Rosholt and Fellows |was extended by the North Dakota |, at 7:30. FIRST EVANGELICAL Seventh Ira E. Sunday church school, 10 a.m., for all departments. H. G. Schwantes, su- pertintendent. i 1 wers is Morning worship service at 11. is complete in all his po in de “Aveu" (icronice) | Brelu Oftertory, (Dole), Choir, “Fi Sermon, jouls.’ Postlude. Junior league, 3 p.m. Top! Gladness to African Childre: Young People’s Christian Prelude, “Barcarolle” (. enone ‘He ing” (Wi Sermon, ‘Winning Postlude. Tuesday—i department cial hour. echism cla: Thayer Floyd Emerson Logee, minister. Bible school, 9:30 a.m. rimary, juni Tor departments. Mofning worship at 10:30, broadcast over KFYR. Sermon, “Responsibility and Privi- jege. : Mus: service, Grace Duryee Mor- ris at the organ: “C) Prelud Duet—Mrs. Wingreene, Mrs. Baven- tek, Offertory, “Prayer and Response” (Rockwell). Solo, selected—Mr. Humphreys. ‘Organ postlude, Flowers” ple’s classes, Pioneer yo: Tuxis young people’ Evening service Gospel song. lelp Us, O God” (Nolte). elp, Us O God” (xolte) “The Personal Touch in Wednesday — 7:30 p.m. midweek Street and Rosser Ave. Herzberg, minister. e). “Song Without Words” e Business of Saving Endeavor, P.m. Topic, “What Is the Church?” 7:45—Evening worship service. tenius). (Kanner- Fills My Soul With Sing- son). “Nocturne” Others to Christ.” | 30 pim., young people's usiness meeting and so- » Junior cate- advanced cat- PRESBYTERIAN Ave. at Second St. FARM PROPERTY TAX RESOLUTION DIES IN SENATE | Hamilton Effort to Obtain Re- duction in Rural Levies Defeated by Solons Officials and the state board of equalization to assess and equalize farm property on the same basis as other property was killed by the North Dakota senate yesterday by a 25 to 23 vote. The resolution, offered by Senator D. H. Hamilton, McHenry county, furnished the topic for considerable debate, the proposal being defended as legislation which would benefit the farmer, and attacked as unsound. Senator Hamilton called attention {to the drop in farm values, declaring out some plan of taxation similar to that on which public utilities are taxed. Senator William Watt, Cass coun- ty, supported the resolution on the ground that it would aid the farmer. He criticised the legislators for not taking steps to reduce appropriations, contending that state funds are be- ing spent freely. “Appropriations are being made,” he said, “the same as they were 10 years ago. This legislature has not taken into consideration that times are different and I have fought since the first day of the session for spend- ing less of the taxpayers’ money.” GAS TAX PROVIDES REVENUE INCREASE Enactment Now in Hands of Governor Splits Increase Be- tween State and Counties Increased gasoline tax revenue for both the state and counties is pro- vided by a bill now in the hands of the governor after favorable action by the general assemly. The bill raises the tax to four cents a gallon on July 1. Of this levy the state will get two and one half cents and the counties one and one half cents. Both the state and the coun- ties must use the money on roads S./ and bri ldges. ‘The bill failed to receive sufficient votes in the house to carry the emer- gency clause which would make the act effective immediately after being signed by the governor. At present a three-cent tax is paid on each gallon of gasoline. An ini- tiated measure to increase the gas tax to four cents, the additional cent to go to the state highway depart- ment, was voted on at the last June primary, but was defeated. FORECLOSURE TAX MEASURE KILLED World’s Fair Bill Passes Senate; University Radio Sale Is Approved The senate Friday killed a concur- rent resolution proposing a constitu- tional amendment to authorize the legislature to enact legislation pro- viding for taxation of lands acquired by ‘the state or county through fore- closure or tax proceedings. The vote was 35 to 13. Beginners’ jor, intermediate and sen ‘radle Song” (Lacey). “March of the (Harke: 12 o'clor ung ‘The intent of the bill was to set up machinery for the taxation of fore- closed lands held by the Bank of | on provided for taxation of the fore- sion for e fore- closed lands acquired by the bank, but was killed when it. was pointed out that the measure was unconsti- tutional. A bill providing for displaying North Dakota products at the world’s in 1933 passed the administration’ versity of North Dakota radio station Sermon, “The Inner Springs of Life.” Musical servi at Grand Forks was approved. Appropriations for the state's edu- cational, penal and charitable insti-~ tutions were approved Thursday Organ and plano duet, “Fantasi race Duryee Morris at the organ, Gaagrie Menard Hughes at the |night. jano. Offertocy, Anthem, | on evi Organ ‘postlude, erts). Midweek pra; at 7:31 dially invited t pce yA atid - BANKER IS SENTENCED 040, + Red , Minn., March 7—(P)}— normal, $164,498. SWENSON SWORN IN. ? Loomis FP. Irish, 15, yeteran Pine| Minot normal, $360,195. 1—(P)—Laurits | % of embez-| Bottineau, school forestry, $92,245. | §, Swenson, Minneapolis, took the |% sling $12,401, was sentenced to serve} Wahpeton, school of science, $11/.- of’ office as minister from the jummer Idyl" (Stults). jus, My Saviour, Look ““Postlude” (Rob- yer service Wednesday Those without church home are cor- 10. Worship with us. The bills, which passed the house with provisions for smaller sums than voted by the senate, will go to con- ference committees in an effort to agree on the amounts. ‘The appropriations as voted by the senate are: ‘Valley City normal, $309,104. normal, $208, one to three years in the state prison ; 530. # by Judge C. P. Hall in Goodhue county district “Keventy-eight more vessels entered’ Of 225 Jewa farm agents who have | the port ef Mobile in 1950 than dur- | i }ing the court. State penitentiary, $215,960. Bathgate, school for blind, $25,775. left, thes service: sitice 1932, -all but \30 remained in ‘agricujture. * A resolution instructing assessing |; Holmes Celebrates His 90th Birthda BANK CODE BILL PASSED HOUSE BY. ata nears Needs’ Only Governor's Sign ture to Make'lt Law; Was Devised by Commission the laws relating to North Dakota Tt passed the house Thursday by a Baitei Ne comes letters on subjects of in- |] terest. Letters Rhrgenl S with con- troversial religious sul ts, which attack individuats uni fairiy, or 1 sh offend good taste and fair play will be returned to the writers. All letters MUST besigned. banks. the right to delet loan associations, passed 71 to 40, Another We voters-of the state elect send them there to work for but it seems to me that the slander and libel of is a8 li & felony » turned down, 51 to 62, I & that they did all that they that it was up to counties to reduce the taxes by ting down on school penses. That explanation was soon broken down, however, when the leg- islature passed & law compelling every rural school to have eight months of school a year regardless of whether ee age B i 8 of administration to survey the te: to establishing make the fruits of @ life-| bridge near Fort Yates; im) time's labor and toil. inp lelp to remedy not heap burden after burden 8 g ‘The expectation was general Satur- Gay. that the bank code’ bill, revising ma tw, wae re wes! HOUSE MEMBERS by the governor in the near future. Sececateccns| — INREDSTRICTIN ited by Governor George F. Shafer two years ago. It is designed to re- move miany defects of the: present regulations governing All I. V. A’s but one voted for the maesure, together iL five tales kel letters ag ma: H. Opdahl of La Moure, and R. M . ‘ Scholl of McLean, all Nonpartisans, To the Editor of the Tribune: A verti companion - bill, provi fe stricter regulation of ined Aa code bill making any annuity, safe deposit, surety or trust company 59 to 54. The house, bill which fixed the legal tate of interest and de- for stricter supervision and I can look around and see farm after | writing; imposing an income tax on farm on the tax sale list. non-resident individuals, fiduciaries and corporations doing business in the state; duplication of expiration no- tices of period of redemptions relat- ing to’ certificate holders or mort- gagees; authorizing the state board ritory surrounding Rugby with a view an insane asylum there |fj 1931. in the future; appropriating $3,000 to soundings for @ Missouri river gross earnings tax on express com- panies operating in North Dakota; re- vising grain storage charges in ele- vators; establishing a standardized y Sunday - for grading, labeling and in: Eel potatoes and certain othet produce; requiring depositories of public funds to pay substantially the same rate of interest as paid to ins dividual depositors, as recommended by banking code commission; revising law on consolidation, merger or othe: | WOME OF 62 10 5'#eeeesnesees personal property taxes due December 1 instead of December 31. ja-|_ The house indefinitely postponed @ bill requiring a mother to be @ resis dent of a.county for two years before being eligible for a mother’s pension. CASS COUNTY GETS i ‘The bill, consisting of 95° printed People’s Forum — sras drafted by the state bank-| ‘ ote.—The Tribune wel- code which was ap-| Bill to Reapportion State for Legislative Purposes Now Goes to Governor The bill to reapportion North Da~ kota for legislative purposes was in f|the hands of the governor Saturday. The senate approved the measure |Friday by a 28 to 20 vote and the . ®-|nouse concurred in senate amend- ments Friday night. > Representatives Brunsdale of Traill and Herman of Mercer county, the bill, which makes seven changes in legislative district- Adams-Hettinger district. to| Under the amendment to the bill Announcement I take this means of informing the people of Bismarck that I am a candidate for the office of city commissioner at the city r-|—f election which will be held on Tuesday, the 7th day of April, Your vote and support will be appreciated. H. E. SPOHN tax] payers. but little to eac! vil ned certain proposals the of a number of small | the taxes makes a lot of. i 5 ds i atinse i # the marck representing the county, who, I great deal of harm to the the state by sponsoring the . I have lived in the North Dakota sinde 1886 and that I have handled more my time than the average I have always had sheep, the way from 2,000 to 5,000 | Before coming to this state sheep and shipped some the east. 2 In my 41 years of sheep, I have never had the tunity te accuse a dog of single sheep, but I can recall between 1898 and 1902, when to send out of the state to to help guard our dete 8 ig a nor beast can harm as long as that animal is alive. A dog is the rustlers’ greatest this law will fa- i el iy HE Bees f zl i hi Your Hotel Reflects Your Business Tae universal acceptance of THE DRAKE as the stopping place for travelers of note lends added prestige to the mission of the business traveler who gives this as his Chicago address. Service standards of the highest order relieve you of detail and provide, with finer quartersand foods «+.» Many unusual accommodations to expedite your business. On request, special quarters for large or small gonferences are gladly placed at the disposal of the guest, without extra charge. Room rates begin at $5 per day. THE DRAKE HOTEL, CHICAGO Fine enough for any mansion, economical enough for most modest cottage. bid Send for the New 1931 Catalogue. It’s Free Fill in and mail the coupon below © - PM é Bg E F Dear Sir: : : Kindly send b; ‘ 1931 WALL PAPER CAT. i 3 g i : a g would neve~ have permitted such a | % bill to pass. § A DOG'S FRIEND. United States to The Netherlands. | % The oath was administertd at the |¢ | federal building. BISMARCK : \3 in Paints, Alabama farmers ‘sold and slaygh- | j tered 841.000 hogs during 1936 as| compared to 286000 in 100." | | 401 Fourth St., Bismarck, N. Dak. Poeeeeeeerereeey o> 9 return mail without obligation to me the NEW. UE. PAINT & GLASS CO. } Varnishes, Brushes, Ete. N.E. SPORN, Mgr, Phone 399