The Bismarck Tribune Newspaper, October 5, 1932, Page 11

€ THE BISMARCK TRIBUNE. WEDNESDAY, OCTOBER 5, 1932 EDDY COUNTY SEAT DAPEATEDINCOURT | ~ONVRENOVAL BSB) Decision By High Tribunal Kept, f Removal Proposal From. Vote tn 1916 —___ Although the effort to remove the state capital from Bismarck to Jamestown in March of this year was the only such proposal to come to a vote it is considered by some persons as having been less dangerous than the threat of New Rockford in 1916. ‘That year saw the rise of the Non- ‘partisan League to power in North Dakota, following several years of agitation for “progressive” legislation and policies, Among other subjects broached was that of moving the capital, and New Rockford became inflamed with the idea that the seat of government should be located there, since it is very near the geor graphical center of the state, In addition, there was the tempta- tion to make use of one of the new devices of government, the imitiated! clause of the state constitution, which had been adopted by the leg- islature in 1913 and approved by the people. Advocacy by Theodore Roosevelt in 1912 of the principles of initia- tion, referendum and recall had made these burning {issues in North Dakota. The matter first was broach- ed seriously in 1911 and by 1913 provision had been made for all of them. One of the first attempted uses of this power of the people to vote di- rectly on legislation was involved in the New Rockford movement. Petitions were circulated through- out the state and presented to Thomas Hall, secretary of state. Bismarck Folk Worried Residents of Bismarck were frank- ly perturbed. The electorate had shown a disposition to make sweep- ing changes and a new capitol city was more than a possibility. The upshot of the movement was that the right of the secretary of state to submit the matter to the voters was challenged in the supreme court by Henry J. Linde as attorney general and Otto Bauer as a taxpay- er, Hall being named as defendant. Batteries of lawyers were present- ed by each side and the arguments were long and vociferous. The plaintiffs contended that the petitions were invalid for numerous reasons, chief among them being the fact that the constitutional amend- ment providing for initiating changes should be self-executing. It was their contention that before it could be used at all the legislature must Prescribe rules governing its use. It also was asserted that the petitions were fraudulent in that some signa- tures were obtained by fraud while} Still others were forgeries, j The defendants contended that such technicalities should not be per- mitted to interfere with a full and free expression of the will of the people. Related issues were many | and great interest was aroused in the case. H New Rockford Has Boom On the strength of its prospects for becoming the capital city New Rockford was enjoying a boom. A daily newspaper was started there; funds for a campaign were raised and the prices if not the values of Jand made rapid increases, This balloon was rudely punctured, however, when the supreme court handed down its opinion on Septem- ber 11, 1916. In the main opinion Justice Goss held that the constitu- tional provision was not self-execut- ing, citing numerous legal precedents and reasons. Separate supporting opinions were offered by Justice E. T. Burke, Bruce and Christianson. The heat engendered by the argu- ments, and the fact that threats of political reprisal if the court ruled against the petitions were freely voiced, resulted in some strong ex- pressions creeping into the opinions of the various judges, Justice Bruce particularly condemning the whole business in burning language. ‘The defect in the constitution which resulted in victory for Bis- marck was promptly corrected, but the capital removal issue had been sidetracked for others and was not raised again until 1930, when the Bismarck-Jamestown contest settled the matter by a direct vote. New Rockford's boom vanished overnight. Enterprises which had sought to: get “in on the ground floor” folded up their tents and fled. Many who had plunged heavily into sroulasion | pe pane of the city's pt fo heir bid for fort had failed. aerte The lasting effects of the episode, however, were to be seen in the fact that Eddy was the only county other than Stutsman to give the removal Proposal a majority of its votes in the 1932 election. Has Vivid Memory Of Ancient Festival Mrs. Margaret Lyons Moriarty, 200 Mandan St., who viewed the laying of the first cornerstone as a girl in her early ‘teens, retains a vivid rec- | How the Old Capitol Looked Before Fire Struck — Shown above is an excellent picture of the capitol building which was destroyed by fire Dec. 28, 1930. It was office space for state departments. taken from a point southeast of the building and gives graphic illustration of the huge area covered by the structure. The building was constructed in three sepa vate parts and of different materials. At the extreme left is the first section, built in 1883. The large secticn which eventually formed the center of the building was added in 1894 while the last section, shown at the right, was built in 1904 to meet the growing demand for close to the curb as the carriage car- tying General Grant rolled by and heard him say to a companion, “What a fine looking group of young ladies you have in your city.” She recalls that Sitting Bull, who took part in the parade, looked ex- actly like his pictures. Proof that he had a head for business and was not averse to taking what opportu- nity offered was given when it was announced that he would provide anyone with his signature for $1. This he did throughout the day, signing his name neatly and care- fully for more than 100 perscns who provided the necessary payment. Mrs. Moriarty regrets that the huge crowd on that occasion pre- vented her from getting a good view of the speakers and hopes to secure @ vantage position for the ceremo- nies Saturday. Asserts Sitting Bull Took Prominent Part Mrs. John Homan, 11713 St., who then resided at old Fort Lincoln, came to Bismarck for the cornerstone laying in 1883. Although she remembers the event only dimly, the spectacle of the long and bril- liant parade, enlivened with the col- orful trappings of Sitting Bull and his warriors and the decorations of the business houses along the line of march was the high spot of the day. Mrs. William Lehfeld, 416 Avenue A, bride of that fall, who then made her home in New Salem, made the trip here with Mr. Lehfeld to attend the laying of the cornerstone. They traveled here by train, arriving only Fourth | in time for the program at the capi- tol. Mrs. Lehfeld’s most vivid recol-| | lection is of the huge crowds and of | ; the warmth of the day, which was unseasonably warm for September. | Old-Time Lawyer to Be Here for Event Among those from a distance who | will attend the cornerstone laying ‘ceremonies Saturday will be Mr. and | | Mrs. George P. Flannery of Minne- | apolis. Mr. Flannery, who came to Bismarck as a young lawyer in 1873, was present when the cornerstone of | the old capitol was laid. | He engaged in the practice of law here until the late eighties, was prominent in state and local politics and took an active interest in civic | affairs. He was a charter member | of the First Presbyterian church. | Mr. Flannery was for many years president of the Northwest Trust company, Minneapolis, and was pres- ident of the Todd Land company. Mr. and Mrs. Flannery will arrive in Bismarck Friday morning to re- | main over the week-end. | AMERICAN HORSEMAN KILLED Rome, Oct. 5.—()—Joseph Frank Turner, 52, who was born in New York City and gained considerable | fame and fortune in Italy training and raising horses after he came here as a jockey, was killed in an automobile collision Monday night. | EXTRADITION IS DENIED | Helena, Mont., Oct. 5.—(#)—Extra- | dition of Bert Warwick, formerly of | Hewitt, Minn., wanted in Minnesota {on a charge of grand larceny, was iners tested many teas for Schilling Tea is the onl: Schilling «+» Recently the United States Government Tea Exam- tea quickly loses its freshness in an ordinary tin or card- board box. The Supervising Examiner then said this: Teas packed in high vacuum... would nat- ee urally be the best method of packaging. freshness. They found that ly fresh tea you can buy. When ollection of the parade preceding the formul ceremonies. The parade, she recalls, was held about noon, with all the notables gathered here for the occasion, Indian warriors, troops from old Fort Lincoln, the Pioneer fire company, the Banner hook and ladder company and school children Participating. The biggest thrill of the day came, Mrs. Moriarty declares, when, in company with a number of class- mates ‘of her own age she crowded eVu—————————————— Rubber Stamps We Make Them Commercial Service, Inc. Hoskins Block Phone 400 Nights Get Nippy! Bracing?... Invig- orating?... Surely, ‘autuma air is that—if you're out-ol- doors, warmly dressed, and active. But when you come home on 4 nippy, frost-sharpened night, it's good to find the house invitingly warm the saomeat you enter. Let that faithful giant, Netural Gas, gvard your home against unpleasant, unhealthful chills and dampness. Natural Gas House Heating Equip- ment keeps the house at the right temperature always, while you come and goas you please—and saves you all the trouble of caring for the fire. SPECIAL! An efficient Natural Ges Burner to fit in your present ‘Furnace $29.50. Ask us for details, Bismarck eMONTANA-DAKOTA POWER CO.’ & GUBSIDIARY OF THE MINNESOTA NORTHERN POWER COMPANY Mandan refused Tuesday by Governor Erick- son of Montana. Warwick was ac- cused of having paid three men to run his automobile in the Crow Wing river and collecting $200 insurance on his car. Many residents of Laurel, Mont., where Warwick now lives, signed a petition asking the governor to deny extradition. PAY WALCOTT DEPOSITORS A dividend of five per cent is be- ing paid to the depositors of the First State Bank of Walcott, L. R. Baird, receiver of state banks, announced |here Wednesday. Payment of the dividend, making total dividends of 30 per cent paid by this bank, is be- | ing made through the office of C. L. Engen, district manager at Fargo, Baird said. SPURRED RIGHT ON London.—While standing on a street curb in Plymouth, Artilleryman Git- tings was passed by a motor bus. The bus came close to the curb and struck. one of the spurs of the officer. The impact swung him around and he fell heavily to the street. He had to be taken to a hospital for treatment. STAINLESS Same formula .. same price, In original form, too, if you prefer Vick VaeoRus Strange But True News Items of Day (By The Associated Press) Married 100 Years! Nish, Jugo-Slavia — When Mr. and Mrs, Filipovitch celebrated their 100th wedding anniversary more than 100 descendants—sons, daughter, grand- children and great grandchildren—| visited them. He is 117 and his wife M5. Spanked, Calls Potice Olympia, Wash.—The voice of a child came over the police tele- Phone, calling for help. The of- ficers traced the call to the home of N. J. Hays, and an officer went to investigate. He found that the Hays’ small son had called the Police when his mother spanked him. Shake Well Before Taking Henryetta, Okla.—H. ©. Wall, bar- ber, shook a watermelon seed out of a floormat and with it a $5.50 meal ticket. Here's how: In a contest con- ducted by a cafe, Wall estimated there were 1,201 seeds in a particular watermelon. Another man gussed 1,- 200. When the seeds were counted. there were but 1,200. Wall hopefully | shook the floormat over which count- ing took place, and the 1,201th seed! rolled out | So They Were Divorced Oklahoma City. — “An artist makes a poor wife,” Betty Jane Cope, dancing teacher, testified in | asking divorce from Forrest J. | Coulter, a salesman. “My hus- band is tired of being Mr. Betty Jane Cope.” The divorce was granted. Hammer Strikes Tragedy Skulyany, Rumania.—Two brothers, 12 and 15, quarreled while their par- ents were away at a wedding. The elder struck his brother with a ham- mer, killing him. Their sister, rushing in too late to prevent the attack, went mad. The parents returned and the mother, seeing what had taken Place, committed suicide. The boy who had swung the hammer fled. Later, in a nearby lake, they found his body. Nut Cache in Car Evanston, Ill. — There were squeals in John Manning's an- cient automobile when he drove home from Rhinelander, Wis., so he took it to F. L, Larsen, who fixes cars for a living. Larsen put his hand in a hole in the top, but took it out suddenly, having been bitten by one of two squir- rels found inside. They escaped. Cached in the car Larsen found eight pounds of nuts. Manning had left his car standing idle all summe?, SLEEPS ON FEET Knoxville, Tenn.—The doctor came around to take Henry Munday’s tem- perature and nearly jumped out of his shoes. He found Henry calmly sleeping with his head on his feet. Af- ter being awakened Henry explained that he was an acrobat and often fell asleep in that odd position. “17M NOT AFRAID TO ADMIT MY AGE’’— say Judith Anderson “I’m 30 years old,” says Judith Ander- son, famous Broadway star. “On the stage you have to stay youthful, so we all are very careful about our complex- ions. “I’ve used Lux Toilet Soap for years—it’s such a sure way of keeping your skin soft and attractive.” In Hollywood, of the 694 important actresses, including all stars, actually 686 use this fragrant white soap. Surely your skin should be kept youthfully aglow. Buy several cakes—today! We now have our entire herd of Beef Cattle on full grain feed and are in the market for feed barley. GUSSNER’S Phone 1060 Absolute confidence in the future of Bis- marck is and has been expressed by the Capi- tol Steam Laundry in- terests, who have giv- en solid proof of that confidence in the es- tablishment of a mod- ern Laundry and Dry- Cleaning Plant, repre- senting quite a large CAPITOL STEAM LAUNDRY PHONE 684 Firm Believer in the Growth of The plant of the Capi- tol Steam Laundry is up - to-date in every way and combines safety with service. A fleet of trucks man- ned by courteous driv- ers for your service. Dry Cleaning Fur Cleaning and Repairing Launderers investment. Phone 62 Bismarck and the State of North Dakota HEAT FOR LESS LESS SMOKE LESS ASH BURN Products of By the BEULAH COA oS Aey Rug Cleaning NO SOOT NO CLINKERS Knife River Coal Mining Company Bismarck, North Dakota IS SOLD IN BISMARCK WACHTER TRANSFER CO.