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Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, December 21, 1909, Image 1

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I N E ..
WANT AD* ":,./'"'
Phone 13 or 82.
:-ki-.. DRANK. .-
Insinuated That Mrs. Brokaw Knew
of Punishment Administered to
Nurse Butler Saya He 8erved
Cocktails and Cigarettes to Plain,
tiff in Divorce Case.
New York, DftC, £0,-~Cocktails and
cigarettes, which have figured so
prominently in the suit foT separa
tion with alimony of $60,000 a year
brought oy Mrs. Mary Blair Btbkaw,
against her husband W. Gould Bro
kaw) again assumed importance to
day in the trial at Mineola, L. I.
Sidney Woods, the Brokaw butler,
testified for the defense today that he
had served cocktails to Mrs. Brokaw
in a tea cup, in tumblers and in a
shaker when she was up and dressed
and when she was in bed. He was
positive that he had seen Mrs. Bro
kaw puffing cigarettes and he swore
that he had served her with them in
her room.
During the butler's testimony Mrs.
Brokaw, who, in her own testimony,
would only own to an experience of
four cocktails' and an occasional cig
arette,' sat open-mouthed.
''I carried a cocktail to Mrs. Bro
kaw in the sun,parlor* continued the
butler, "And'she mentioned to me
that she had discharged her nurse,
Miss See. I told her that Miss See
had asked me for liniment to apply to
bruises which she said had been
caused hy kicks and lashings from a
'Was the name of the person men
tioned?" asked counsel, "Who applied,
the whip, or did the kicking?''
"Mrs. Brokaw knew who did it,"
replied the butler.
"Was anything said to indicate that
she had knowledge of the cuts on
--Miss See?*' ...,.•
*^Mrs. Brokaw was very cross and
nobody asked her."
Justice Henry H. Gifdersleeve, a.
irlend of Mr.: iBrokaw, testified that
f-%e had spent some time at High
Point, «.', Cl, the' BifQkftv, winter
'*:. 'taisfcntr^ipla&i^^
the hu»1)and khid aiitf-a«ectionate-to-i^aBjepresentative
ward his wife. •-•:••. "..
Says Women Who Live at Home Un
der Protection of Husbands and
Friends Know Nothing of Condi,
tions In Under World Women
Should Have. Some 8ay.
New York, Dec. 20.—Mrs. O. H. P.
Belmont, of Newport and New York,
^who hap recently transferred her in
terests from society to suffrage, gave
out a statement tonight of her im
pressions of the justice meted «out to
unfortunate women in the night
"In answer to numerous requests
from the women who are managing
the shirtwaist strike,.that some of us
who are also trying,to assist wpuld
be present at the trial of the girls
arrested' says Mrs. Belmont, "I went
Saturday night to Jefferson market
court, I was present from nine o'clock
when tne night court opened, .until
three in the morning.
.'•During the six hours spent in that
police court I saw, enough to convince
vmefand all who were with me, be
yond the smallest doubt, of the ab
solute necessity.fo rwoman suffrage
—for, the direct influence, of owmen
over judges, jury an dpoli'cemen, oyer
everything and everybody connected
with the so-called course of justice.
"A\hundred fold Was it, impressed
upon me in the cases of women of
the streets who were brought before
the" judge. Every woman who sits
complacently amidst pie comforts of. attitude of this government toward
her home, or who moves with perfect} Nicaragua would not be changed by
freedom and independence in her the election of Madriz to the presi
own protected social circle and says dency as the successor of Zelaya, re
'I have all the rights, I want,' should' signed. Madriz will have to show
spend bne night' in the Jefferson that he. Is capable of directing' a re
Market court. She would then know
that there are other women who pared to make reparation for the
have no rights which matn, p^r jp.o
sokety recognizes." ^X-~*'.\y- •,-:• .-^
Washington, !De». 20.—Qioiv
& South Dakota tflair Tuesday^
9btoaa axiom at..night: OT.jWednesw
4 i$ay.
iMeadayj J5TJ§
lidksair snowr dn
Lurton's Nomination is Confirmed
Wyoming Representative 'Defends
Secretary Ballinger D. C. Appro
priation Bill Passed Hardy in a
Denouncing Stunt.
Washington, Dec. 20.—Both the
senate and the house concluded their
labors by 2 o'clock today. Tomor
row an adjournment for two weeks
will be taken for the Christmas hol
iday.' '.•- ,' '."..,•"'
Aside from the confirmation Of the
nomination of Horace H. Lurton, of
Tennessee, to be ah associate justice
of supreme court, the principal feat
ure of the senate proceedings was a
speech laden with optimism and good
cheer for the Christmas season by
Senator Depew.
The address of the New Yorker
was called forth by what he charac
terized as the pessimistic predictions
in Senator La Follette's magazine
and in many newspapers and other
periodicals to the effect of the tariff
law upon the prices of necessities of
life as well as in relation to dangers
to the people because of a pending
exhaustion of national resources.
For the first time since the Fitz
gerald rule providing for a unanmous
consent, calendar was advanced and
that rule was invoked today :in the
house and one joint resolution mak
ing available a small appropriation
for the improvement of the Tennes
see river and a bill of local interest
was passed.
Representative Mondell, of Wyo
ming, spoke at some length against
the proposition giving the federal
government control of dams and
water power rights in the different
Mates, defending Secretary BiUinger
in that connection and vlgorpfisiy as
sailed the action of "Certal&fbvern
ment bureaus- in af:t»niptJftr$P usurp
rights belonging tothepeople."
The lislric* of 4 $ 3 $
ation bill carrying about 110,275,Q00
was passed without opposition,
Hardy «jf Texas
nonnced Ore publication of stories
charging members of congress with
corruption in connection with-'pro
posed ship subsidy legislation.
Has Been a Resident of State for a
Number of Years and Is Senator
From Benson County.
State Senator Theodore Koffel of
iScmond. «Bnson county, "has ueeu in
the city tor a few days and has rtufi
nitfiy Jecided to locate in Bismarck
for th- PI.notice of law. He has rent
ed a suite of rooms in the City 'Na
tional bank building and willl move
(permanently to tlhe city about the
middle of February.
Senator Koffel has been in North
Dakota since 1896 and at Esmond,
his. .present location, since 1903. In
1906 he was elected state, senator
from Benson county and has been a
useful member of that body during
the -last two sessions.
ORD will be cordially welcomed to
•professional and business circles in
the CaipHtail City.
The senator did not dtecide hastily
on this (move,. but only after coming
to the conclusion that Bismarck is
to be the metropolis of the Slope, did
he decide to cast his lot here.
Washington, Dec. 20.—Secretary of
State Knox announced today that the
sponsible government which is pre-
wrongs which it is claimed have been
done to American citizens.
This country still maintains that
until a responsible government is set
Up and is entire control of the situa
tion so that definite negotiations can
be held, diplomatic relations cannot
be resumed
,We are,nbt trying tp cperce Jfk
a a*,shils statellMrt^
ment ofBcial this afternoon, after a
call at ^he White House. "We want
are not dictating what shall be done
icft^guaor4!#ltosflalr,he fia:
i|en#i A^,^le. wanj^ a|
aponsibel government that we can do
I^Wsettle^nW'o ^ff^tBd *^the-^ers»s^^itrand wiOtoilty.
eemtatives of the state SL the U. 3- senate.
Must Candidates Declare for Long or Short Term and
Force Voters ^o Choose, or Go pn Baliot
Without Specification as to Term?
Judge Engerud Holds,That
Free Hand and That thd
Not Be Designated
In answer to' an inquiry on thlsiiiWer addressed to Judge Enge
de-I ruil of Fa^o, one 0| the leading lawyers ff the state, and former member
of the supreme tench, that gentleman repiivS, as follows:
Dear Sir: 1 (have your letter of -taie 13tb inst (with, reference to
the mianner of voting for United States senators at the primary
election. My views ere as follows:
It is otovtousiy the. intent of. the Jaw that -candidates- tor U. S. sen
ator sha'll 'be selected.'by the party voters and this, of course, is
true -wtoether a veicanoy in tihat office is to be fUJed or a regular
term' senator Is to be Chosen by tbe legdalatare.
fllhe letter at tlhe Saw also requires a .popular vote on tlhe sena
tor to All a vacancy. Sec. 2 of the Primary Law reads:
"On the last Wednesday of J«u ne of every- year in iwhidh occurs a
general eflection theTe sball be held, in lieu, of .party caucuses and
comventions, a pritmaxy election—for tlhe nomination of (candidates
for (Tlhen enumerates the offices to toe filled' as follows:
1st. Offices elected every general election. 2nd. In years when
judges of tSie supreme and district court, .members of the legis
lature end county commissioners, tlhen cantdixiates fctr tihose offices
lare to be nominated. 3ird. United (States senator in the year de
vious to his election.)
In tike present exigency it happens /by reason of the death, of
Johnson that a senator miust be elected b^- the next.legislative as
semWly to fill the vajcancy hence, it is (plain that the rwords of the
law require that a candidate tor that (position he chosen by the vot
ers, Ibecaiuse the statmte eays that the voters shall at the primary
deletion choose a "United States senator in the year (previous to his
The same is true of the sennit or for the full term. He is also to
(b9 elected by the legislatare in 1911, and hence, the candidate
must foe chosen at the prtaary in 1910. The accidental circuim
stamlae that the two senators must toe elected at the same time, oan
not change the law.
To Illustrate: (Suppose Senator Johnson were stiai living and
were to dde in 1912 before the rimory of that year. You would
.them have a condition.where a United States senator would have
to foe electedl hy the next legislature in 1913." Consequently, the
eandidates tor U. S. senator wc?ulil hare to go'on the iprimary
haJtot (because the statute says that the prtaary election shall in
tofliude the ohicdee of a candidate "&>r U. S. senator in the year pre
vioue to his elej3tion."
iby Teason of a vacancy two senators are to* be chosen at the
aamie time, then clearly two oandMates nrust toe chosen at the (?re
ceding (primary.
The primary law, however, does not fipecificallly provide for the
manner of printing the ballot, etc, in cases where two U. S. een
ators are. to be nominated. It is, therefore, incumbent on the offlc
era eihiarged with the daity of preparing the toaJlot to [proceed Sn
:,. such a way as will conform to the intent of the law. Their action
in this respect Is,' of course, revi ewable by the courts.
|4»giymfang that two candidates OT U. S. senator for each party
Imust he chosen at the 1910 primary, the question arises as to
whether the candidates must in their {petitions end on the ballots
he designated and voted for as a camdddate speclflbaMy for the
ttong term or the short terin, or shiald all the candidates go on the
Ibaliot and he voted ifor without specific designation of the term?
The statute being silent on this question, it is one which must be
settled hy construction of the JaW. In .construing the law, that
construction must he adopted which wftU bast promote the object
ithe bam and harmonize with its spirit
rThje apinjtqn ftjatf $6^ taajidldates for U. 6. senator shall be chosen
specifically for the Song term or tlhe short teron is based1 upon a
highly technical "View of the situation is out of hawnony with the
IspMt «if the primary Jaw, and tends to dePeat the object of the IOJW.
Those holding to. Sbhls «ft)imon assert that there are two positions
or offices fO, fiH-—one senator for' the Hong tenn and, one ifor the
short—oiid hence, insist that the canicHdatea must run'and be speci
'ftcally chosen (for one «yp#the other as in tlhe case of governor, or
other slmila^ offlctesT^Tfaey1 do noth take into account the dlssimilar
(l .i^r toetween the prfcpnTy election far U. S. senators and that for
-\dtotlher..offices, ,''.' $ '•".'•
.::% to. the case of other of&jces the .primary election is a specific choice
:^?ofitftie candidate for a specific (position whose name is to go on the
4%(baBot .at t% fall, election. The functions of each o* such othar of
#*fd^Wwin^ren^fr^ those of the otheiB.
::$&>i4m$Q^-U, ^tsa8atiB^'h©#!^er, tSie situatton is different. Bach of
t'^the two senators hte ths same guides to iperform and each .is
i^-*«r«i*it*^^ (.
Voters Should Have
[Term". Should
the Ballot
Popular Desire of the Voters Might Be Thwarted if
ElectorylslM Only
of Opposing Candidates
An Interesting and Complicated Question Up to the
Secretary of State, Attorney General
and Probably me Courts
If two men are candidates for th United States senate and the vot
is in favor of both of them, shall the primary ballot be so arranged
that he cannot vote for but one man that he really desires?
Should a candidate be obliged to declare his candidacy for either the
long or short term and thus possibly deprive himself of the support of
many voters who are not so particular aa to who shall hold the long or
short term as they are that those they believe to be the two best mert
shall be chosen?
If two popular men are running for. the: long term and two unpopular
men are running for the short term—if terms are allowed to be designated
on the primary ballot—can the true intent and spirit of the primary law,
to allow the selection of the best and most popular candidates, be com
plied withT. ...-I'.--' -•-:••'•:.•.
8hould the names of.all candidates go on the ballot without restriction
as to "term" and allow the voters to Indicate to the .legislature (which
body really electsi)' the two men desj reoV^ttie two receiving over 40 per
cent of the vote, or If only one man receives forty per cent, the second
man to be chosen at the November election between the two receiving the
greatest number of voties, next to th high man at the June primaries?
There being no law to cover the cuie%tfon, what is the best interpre
tation to give the greatest latitude and ob^ln the freest and most accu
rate verdict of the voter?"
These are the questions that arise Jusj now following the unexpect
ed death of Senator Johnson and the' emergency of having to vote for
two United 8tates senators at the Junji |rimary election, instead of
one. ""',' $'
The primary law does not conte .-nplate^such a condition as now exists
and it will be up to the secretary of the sfite, who is charged with the
certifying of the candidates and the arrangement of the ballot, and also
possibly up to the attorney general arid ^|L.eourts to decide what shall be
the''law. .V''MM:
They are joint irepre
It Is coanpanativefly im
ie, .which hoMs
,.,^ A.ARM
Large Number of Negroes Placed Un
d«r Arrest Trouble Started Over
Murder of White Man Troops arc
Called to Prevent Spread of Race
Magnollia, Ala., Dec. 20.—After
four white men had been shot and
one negro burned to death, with his
body riddled with bullets, Magnolia
is quiet tonight awaiting tlie coming
of a company of troops dispatched by
Governor Comer to prevent a gen
eral rsfce riot. Nearly every negro
has fled from Magnolia.
The trouble grew out of the mur
der on Saturday night of Algernon
Lewis, a young white man. A posse
sought day and night for four negro
brothers named Montgomery, believ
ed guilty of the crime.
This afternoon Clint Montgomery
and several other negroes were
found barricaded In a house, which
was soon surrounded by white men.
Fearing for their lives, Montgomery's
companions deserted and surrendered
Montgomery fastened the door after
defying the men to get him. One of
his companions was then forced to set
fire to the house and when the build
ing was enveloped in smoke, Mont
gomery threw open a window and
opened fire with telling effect upon
the posse with a magazine shot gun.
Ernest Slade fell mortally wounded,
his face and body filled with shot.
N. G. Carlton, Tom Shields and Wil
liam Lindsey were also wounded,
though not seriously.
A fusillade of shots struck Mont
gomery as he was attempting to
leave the house, his body being rid
dled and then, allowed to be consum
ed in the burning building.
A report late/tonfght is tq the ef
fect that Briiter and Shell Montgom
ery, brothers of Clint, were placed in
jail at Linden this evening after nar
rowly escaping being lynched.
Albert Watkins, another negro, BUS
pected of harboring the Montgomery
brothers, is under arrest.
Brussels, Dec. 20.—-Baroness
Vaughan, whom Leopold made his
queen in fact, if not in name, quietly
left Belgium today, her reign ended,
her power collapsed, accepting the
whim of the government, that if she
did not depart voluntarily she would
be expelled from the country.
The baroness packed up the magni
ficent furnishings of her chatteau
which were the personal gifts of
King Leopold and forwarded them
across the frontier. She took a train
for France.
To the Belgians, this good looking
young woman, with brown hair and
gleaming black eyes was always a
great mystery, but they accepted her
like they have the other whims of
the determined and self-willed king.
They have thought for years of her
residence beside the king's, of the
famous floral, bridge linking the two
domains. They have discussed with
unconcern her absolute dominion
over the king's private life. Yet,
now with the king dead, they have
been driven to deep resentment that
as the king's body was borne through
the streets and was lying in state at
the palace, her photograph was ex
hibited and sold in the Brussels thor
oughfares and her name shouted out
by hawkers as "Caroline, the
In spite of dispatches from Italy
King Leopold and Baroness Vaughan
had been married according to the
rites of the church, the king's friends
persist in their disbelief of this, while
they characterize the stories of a civ
il union as pure nonsense. They say
that Leopold, whatever his faults in
private life, would never destroy the
ocial dignity of the kingdom.
The semi-official Twentieth Cen
tury points out that the Belgian code
stipulates that the rights of succes
sion to the throne pass to direct des
cendants of legitimate birth. If
there was a civil marriage in Italy,
it might create potential rights, but
it is argued the absence of all rec
ords, all publication of such a cere
mony and especially the fact that
Leopold never proclaimed Baroness
Vaughan his legitimate wife effec
tually disposes of the question.
Prince Albert's happy plan to re
unite the exiled and separated family
was fulfilled today. As Baroness
Vaughan passed forever from the
Belgian life, Princess Louise trium
phantly entered the city and was of
ficially greeted at the station and ac
claimed by the people. She was con
ducted with royal honors at the
Chateau Belvedeere which hence
forth will be her official home.
Again today a vast crowd viewed
the body of the late king.
People Will B* Pleased at New Order
of Things Estrada Is Not Out of
the Race as Yet New President
Promisee Better Order of Things
Under New Regime.
Managua, Dec. 20.—DT. Jose Mad
American court *of justice at Cartago,
and Zelaya's candidate was today
elected president of Nicaragua by the
unanimous vote of congress.
The session' was a stormy one but
there seemed to be unanimity weigh
ed to the election of Madriz and
when the official announcement was
made there was much cheering and
cries of "viva Madriz," "Viva Leon,"
"Down with monopolies," "Down
with tyranny," "Long live the. consti
Dr. Madriz will assume the presi
dency at 10 o'clock tomorrow morn
ing. He was escorted to the balcony
of his hotel, where he greeted great
crowds and made a brief speech, urg
in gharmony and co-operation. He
pledged that he would uphold the
rights of the citizens, granting free
elections, and establishing a policy
of equal opportunities for all.
The election of Dr. Madriz has been
expected. Zelaya still exercised a
strong power here and while it has
been brought to his notice that Mad
riz, is not looked upon with favor
by the government of the United
States, he still urges Madriz to the
front as his successor in office. On
his. arrival here the president-elect,
said that he had been In conference
with ex-president Cardenas, who is
now in Costa Rica, the leader of the
conservatives and head of a strong
force, which it has been reported was
against Managua.
It is known to both Zelaya and Ma
driz, that Estrada, the leader of the
revolutionists, who are ready to do
battle with the government forces at
Rama, is strongly opposed to the new
president, for it is well understood
that Estrada himself has,, ambitions
to fill the presidency. The,.hope is
cherished, however, that Dr. Madrix
will be able to bring about such an
amicable condition among the peo
ple themselves that he will not be
compelled to withdraw from office.
What Zelaya and his supporters most
feared was a rising in the depart
ments around Managua, for in the
last two weeks, the widespread de
nunciations of the president and his
administration were threatening to
the verge of revolution.
0 4 4
Washington, Dec. 20.—Little Henry
Gordon McMorran, the six year old
grand son of Representative McMor
ran of Michigan, was introduced to
President Taft during the congres
sional calling hour at the White
House today. He bluntly told the
chief executive that he had begun to
doubt the authenticity of "All this
Santa Claus business."
At the suggestion of his parents
he had decided to leave the matter
to President Taft for settlement.
The president was taken back for
a minute but looking on the little
fellow and patting him on the head,
"Well, young man, if you write a
letter to Santa Claus and on Christ
mas morning find that he has brought
you all that you asked for isn't that
enough to show that he not only ex
ists, but is a mighty fine fellow?"
The boy looked starry-eyed for a
few seconds and finally admitted that
that certainly would be a point in fa
vor of Santa Claus and he agreed
to reserve his judgment until Xmas
morning. In the meantime, he is go
ing to be very busy with letter writ
Mrs. H. J. Marshall, well knewn
in this city to all old timers, and who
is a sister of Chief of PoliK-e McDon
ald, has been quite seriously ill at
her home in Las Vegas, Oal., with
heart trouble, and the latest reports
are to the effect that she is recover
An important event in the Capital
City this week will be the arrival of
a s-hjp, "The Good Cheer," at the
Salivation Army hall. PA tun*.'!" pin
ing, Dec. 25. at 8 o'clock. This ship
will he direct from Santa CSau"' h'r.ad-
cju&tters, and will be laden "with 8*ood
thing's to make hearts gtefi. Santa
Claus especially requests that the
puftli-c be informed that there will be
something for everyone who comes
to see the sh'fo pall in and he himself,
will he"* aboard to see that everyone
present fares well Remenillivir the
date, Christmas night at 8 o'clock.
flBiss Kennedy, who has- been teach
ing schboi at 'Bowibelte, wttl spend
t&e holiday vocation at her old home
lb this city.
TRIBUNE ,.„,«,. ,»,
Phone 18 «P 82.
-r i^.S'iS». .-..:•:•,.
-.2 -IS?

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