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Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, January 19, 1911, Image 8

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(Continued on page 4.)
for election. Of the 139 legislators pres
ent and voting, 72, including two demo
crats, voted for Lippitt, 44 for Judge
Arthur L. Brown of the United States
district court, democratic nominee, and
•23 for Judpe L. E. Baron B. Colt of the
United States circuit court. Lippitt is
a wealthy textile manufacturer and has
been prominent in republican politics in
Rhode Island.
Fata of a Duchess.
We have had excellent morals drawn
from the substantial waist of the Ve
nus of Milo for the admonition of the
fashionable woman. But what can
we say about the Duehesse de Maza
rin, who (G. Duval tells Us in "Shad
ows of Old Paris") "died iu 1775 from
tight lacing, although she bad posed
for a statue of Venus?"
There is a wide
range of character
in printing modern
business methods
demand work of
the highest quality.
Your house and
your business are
judged very largely
by your printed
matter. Your suc
cess is in a meas
ure controlled
You cannot afford
to accept any but
the very best. It
would hurt your
Our pride is in pro
ducing printing
the highest char
acter. It is an
excellent tonic for
your 191
1 business.
Our reputation is
at stake behind it.
We do all kinds of
commercial print
ing. Particular
attention to legal
work, advertising
matter and book
work, which must
be right.
Loose-leaf work
books, made to
order for any pur
pose, area special
ty with us.
Your business
demands the very
best. Then see us
before ordering.
Tribune Printing
farmer in North Dakota.
Balakireff Is the Joe Miller of the
He Was the Court Fool That Msny a
Time Braved the Anger of Peter the
Great—Hi* Miracle ofthe Sword and
a Wondrous Deed of Daring.
Every nation has its typical jester,
around whom crystallize all the float
ing stories of a people. Thus England
has Its Joe Miller, Germany its Till
Eulenspiegel, Italy its Punchinello, the
orient its Nasreddin el Khoja and
Russia its Balakireff. Like Joe Mil
ler, the last was a real character,
though not all the jokes credited to
him were his own. Some were inven
tions of a later age others were bor
rowed from the past. He shares the
credit for many of the latter with Joe
Miller and Eulenspiegel.
History records that Balakireff waa
the favorite jester of Peter the Great.
Tradition represents him as the con
stant company of that czar, frequent
ly exercising his wit at royal expense.
One day, for example, a cousin of bis
had fallen under the czar's displeasure
and was sentenced to death. Balaki
reff undertook to obtain a reprieve.
The czar guessed his errand even be
fore he opened his mouth.
"No!" he cried. '"Tis no use your
coming here. I swear that I will not
grant what you are going to ask!"
Balakireff dropped at once to his
knees. "Peter Alexelvitch," he cried,
"I pray you, put to death that scamp
of a cousin of mine!"
Peter, thus caught in his own.trap,
had no choice but to laugh and send
a pardon to the culprit.
On another occasion Balakireff ask
ed that he might be enrolled among
his master's domestic guards. Peter
consented for the sake of the joke,
but warned his jester that death was
the penalty if any officer of the
guards absented himself from his post
or mislaid his sword. Then to test
the volunteer he sent him up a flagon
of wine to "moisten his commission."
Balakireff, as was expected, drank to
the Intoxicating point. While he was
sleeping off his debauch the czar him
self crept into the room and carried
off his sword from the scabbard. Bala
kireff, though badly scared, on awak
ing made shift to replace the missing
weapon with his own wooden imita
tion of the guardsmen's sword. He
was called to parade next morning,
when Peter feigned hot indignation
at the untidiness of one of the guards.
"Captain Balakireff," he cried at last,
"draw your sword and cut off the head
of that sloven!"
Balakireff cast his eyes up to heav
en. "Oh, merciful God," he prayed,
"grant that my sword may turn into
wood before I use it on one of my own
fellow soldiers!"
And, lo, when he unsheathed It the
blade stood revealed as a wooden one.
Peter laughed heartily at the knave's
presence of mind and restored him to
A more serious offense resulted in
the banishment of the jester. "Never
dare to appear again on Russian soil!"
stormed the emperor. Judge then of
Peter's surprise when, a week later,
he beheld his old favorite coolly driv
ing a cart past the palace.
"How dare you disobey me?" shout
ed the enraged monarch. "Did I not
forbid you ever to show yourself on
Russian soil?"
"Nay," replied Balakireff, "I have
not disobeyed you. This is not Rus
sian soli."
"How say you—not Russian soil?"
"Truly not. This cartload of earth
on which I am sitting is Swedish soil.
I dug it up in Finland only the other
Again the czar laughed uproariously
and readmitted his buffoon to favor.
Some historians add that when he
heard the excuse he said, "If Finland
be Swedish soil now it shall be Rus
sian before long," a threat he was not
slow to fulfill.
This story, however, was an old one
long before the time Qf Balakireff. Jt
The Scientific Farming congress to
be held at Bismarck Feb. 2 and 3
promises to be a convention of great
interest. H. W. Campbell, who isshould
perhaps the most earnest exponent of
scientific preparation of seed beds,
proper cultivation of the growing
crop and conservation of rainfall, to
be found among our agriculturalists,
will be present throughout the con
gress, speaking several times. It is
to him that we are indebted for the
practice of so-called dry farming,
which is revolutionizing farming
methods in this state. He is known
all over the world as a profound
student of correct farming opera
tions and his system of seed bed
preparation and conservation of mois
ture should be followed by every
The men who did so this year had
the best crops. Mr. Campbell says
that every acre in the Slope country
yield thirty bushels of wheat—
and other crops in the same ratio,
and during the congress will tell the
farmers how to get such a yield.
Many farmers and others interested
will come from Kidder, Stutsman,
Logan, Emmons, Morton, McLean
and Burleigh counties, as well as
from other parts of this state.
Many machine men will also be in
attendance and explain the operation
of their farming machinery.
Prof. H. L. Bolley has also prom
ised to be present and address the
congress. Prof. Bolley is an ac
cepted authority on flax and flax cul
ture and his lecture will be very
interesting and worth thousands of
dollars to our farmers.
forms the twenty-seventh adventure
of Till Eulenspiegel, who is reputed to
have died in 1350. Having offended
the Dnte of Lunenberg, Till was "for
bidden the land." He purchased a shil
ling's worth of earth to fill his cart
with, and, being duly challenged by the
duke, he answered:
"My gracious lord, I am not in your
land, but in mine own, wherein .1 do
sit. I bought it of a boor for a shil
ling. And rightfully could he sell it,
for from his forefathers he inherited
it. So is this truly my land."
At the close of one of Czar Peter's
campaigns Balakireff overheard some
Russian officers boasting of exlpoits
they had performed.
"Nay," he cried, "I can tell a better
story than any of you." And, being
pressed for the story, he continued:
"Never have I liked this modern way
of fighting all in a body together.
Surely it would be more manly for
each to stand by himself. Therefore
went I out alone in search of adven
tures. One day while reconnoiterlng
aear the enemy's outposts I espied a
Swedish soldier lying on the ground.
Before he could rise and give the
alarm I rushed upon him and with
one blow from my sword cut off his
right foot."
"You fool!" cried one of his auditors.
"Why did you not cut off his head?"
"So would I have done," retorted
Balakireff, "except that somebody else
had already done It."—Washington
Ann* Boleyn and the Lemon.
Who ever thinks of connecting such
I commonplace article of diet as the
(emon with the romantic history of ill
fated Anne Boleyn? Yet indirectly she
was the cause of Its first introduction
into England and so into popular no
tice. Henry VIII. gave such splendid
feasts and pageants in honor of the
coronation of Anne and of their pre
vious nuptials as had seldom been ac
corded to queens of the blood royal.
These kingly entertainments were in
turn followed by the great civic feasts
of London, for which the whole world
was searched for delicacies to add to
the splendor. At one such banquet,
graced by the presence of the royal
pair, a lemon was Introduced as an
elegant novelty. To an epicure such
as Henry the acquisition of a castle
In France would have proved less ac
ceptable, and such was the importance
attached to the discovery—so says an
old biographer—that a special record
was made of the fact that the cost of
this precious lemon was six silver pen
An Architectural Curiosity.
There are many churches throughout
England which are without tower or
spire, but there are few churches
which can boast of having a tower
and spire side by side. One of these
is the parish church of Ormskirk, in
Lancashire. The tower is built over
the porch at the west end, and theformed
spire is placed as closely as possible
to it. The origin of this architectural
freak has not been ascertained, but
there is a tradition to the effect that
when Orme, the Saxon pirate from
whom the town derives Its name, de
cided to construct a kirk, or church,
as an expiatory offering for his evil
deeds his two daughters quarreled over
the design for the structure. One de
termined to have a tower the other
was equally resolved to have a steeple.
As neither of them would give way
the pirate chief acceded to both their
wishes, and the curious may see the
tower and spire still keeping watch
side by side on the surrounding coun
Fifty Years Ago Today.
Jan. 19.
Georgia withdrew from the
Twenty-five Years Ago Today.
The presidential succession
bill (now in force) became a law
and had the immediate effect of
designating as successor to the
presidency Secretary of State
Bayard, a Democrat, instead of
John Sherman, a Republican, at
the time president of the senate.
The office of vice president was
(Special To The~TrTbune3
Two Famous Lawyers Whose
Testaments Were Defective.
Loosely Drawn Stipulations That In
validated His Charitable Trust Be
quest—President Polk's Will, Writ
ten by Himself, Nullified.
Whether the old saying that "a law
yer who tries his own case has a fool
for a client" is applicable to Samuel
J. Tllden in the matter of drawing his
will is not known. It was thought for
some time that the will was drawn, or
at least approved, by Charles O'Conor
and James G. Garter, two of the most
eminent lawyers in New York, but
later statements, says Case and Com
ment, are to the effect that they bad
nothing at ail to do with the will, and
consequently it is not definitely known
who was responsible for it.
It would hardly seem possible that
Mr. Tllden himself could have made
such a mistake had he been acting for
some one else. The statement has
been made that Mr. Tllden bad some
doubts as to the validity of those
clauses which the court subsequently
condemned and had spoken to Mr.
Carter about Jit, but nothing more
came of it.
In summing up the provisions of the
Tllden will the' court in holding it in
valid stated that the testator in sub
stance said: "I-have determined to de
vote my estate to charitable, educa
tional and scientific purposes. I have
no detailed plan how that pur
pose can be executed, -but under the
law of New York It must be done
through and by means of a corpora
tion. I request yon to cause to be in
corporated an institution to be called
the Tllden trust,' with capacity to
maintain a free library and reading
room in the city of New York, and
such other educational and scientific
objects as you shall designate, and if
you deem it expedient—that Is, if you
think it advisable and thefitand prop
er thing to do—eonTey to that Institu
tion all or such part of my residuary
estate as you choose, and if you do
not think that course advisable then
apply It to such charitable, education
al and scientific purposes as In your
Judgment will most substantially ben
efit mankind."
It will be noted that the discretion of
the trustees was Indefinite both as
to the amount which they were to give
to the corporation to be formed and
also as to whether they should give
any at all to the Incorporation, and the
validity of the bequest was denied
upon the ground of this complete dis
cretionary power to convey or not to
convey to the suggested beneficiary.
The trustees procured the Incorpora
tion of the "Tllden trust" and elect
ed to convey to It the entire property,
but the court held that the invalidity
of the charitable trust because of Its
uncertainty could not be cured by any
thing done by the trustees to execute
In striklne contrast with the Tllden
Detroit, Jan. 18.—Practical jokers
come and go, but rarely has one de-civic
voted a half million dollars to the
purpose of putting a big city in a
turmoil. But this is what James
Scott, long a picturesque figure in
Detroit, has done. A millionaire, he
long devoted himself to playing prac
tical jokes. He died several months
ago, and in his will was found a be
quest of 1500,000 to the city of De
troit for the purpose of erecting a
life size statue of himself and a
I I 0 I 1 0
memorial fountain in honor of his
memory. The clergy, citizens and
organizations rose in anger to
protest against the acceptance of the
gift by the city on the ground that
Scott had not been a fit person to be
so honored even at his own expense.
But the city council met and voted
in favor of acceptance, and the me-chine
morial will be erected as soon as the
executor of Scott's estate can sell
enough real estate to make up the
required fund. "Jim Scott's last
joke" is the costliest one on record.
wHT~ls "tlinl or' h"is contemporary "1h
law nud prtl'tks. Rosroe Conkling,
the text of which is ns follows: "I,
Uoscoc Conkling of Utlca, make, pub
lish and dechsre my last will and testa
ment ns. follows: 1 give, devise and
bequeath to my wife Julia and to her
heirs and assigns forever nil my prop
erty nnd estate, whether real or mixed,
and I constitute and appoint my said
wife sole executrix of this my last
will." It would undoubtedly take a
better lawyer than even Mr. Conkling
to break his will.
In passing upon the validity of the
will of President James K. Polk a
Tennessee court of chancery said:
'".nils will was written by the testator
with his own hand In the executive
mansion at Washington at a time
when he was prepident of the United
States. He was a lawyer of recog
nized ability, had filled many high pub
lic offices with distinction and reflect
ed great honor upon bis state. Ills
will was witnessed by a law partner
and a senator in congress and named
as executor one of the justices of the
supreme court of the United States.
It comes to us with the impression of
having been carefully thought out be
fore it was formally put down and
published as bis last testament."
Among other provisions his home,
known as Polk Place, situated In the
city of Nashville, was given to his
wife for life, and upon her death It
was bequeathed to the state of Ten
nessee in trust to be occupied and en
joyed "by such one of my blood rela
tives having the name of Polk as may
by designated by the said state," and
If there were no blood relatives of
that name then "by such other of my
blood relations as'may be designated
by the said state to execute this trust."
The occupant was to keep the same
in repair and prevent it from dilapi
dating or falling into decay, to pay
the taxes and to preserve and keep in
repair "the tomb which may be placed
or erected over the mortal remains of
my beloved wife and myself and shall
not permit the same to be removed nor
any buildings' or other improyemeuts
be placed or erected over the spot
where said tomb may be."
This will was declared invalid as
tending to establish a perpetuity. It
was not a gift for public charity and
was merely an attempt to retain the
property for the use of the blood rela
tives of. the testator.
How easy it is for one to suggest a
sure way for some one else to manage
troublesome nffair!
A Matter of Looks.
First Boarding House Keeper—I al
ways keep my boarders longer than
you do. Second Boarding House Keep
er—Oh, I don't know! You keep them
so thin that they look longer than they
really are.—Boston Record.
He Got His.
Geraldine—You haven't been to sew
me since you asked father for my
band. Gerald—No this Is the first
time I've been able to get about—Hu
man Life.
All Alike.
The following entry appears In the
"visitors' book" of a hotel In Germa
ny: 'The living here Is good, plain and
•obatantlal. So Is the waitress."
Secretary of War of the
United State*.
Thursday, Jtottary 19,1911.
From Lake Winnipeg, a carload of fish, consisting
of Pickerel, which must be sold in eight days at only
Now is the time to lay in a supply of fish for the
winter. Call first door south of Palladium office,
just opposite Soo Hotel on Fifth St.
Possibilities of the
Aeroplane's Use
behind the armies of Europe and that of Japan. Otherwise I believe
ours is the most efficient in the world.
The progress made in the last year in perfecting the flying ma
is marvelous and does not seem yet fully to have impressed the
world. During the maneuvers of the French army at Chalen recently
I made three trips in aeroplanes. Therefore I know from practical
experience what the capacity of the aeroplane is at this moment. I
On one trip I was up more than a half hour and was carried at a
speed of about a mile a minute. If the aeroplane in its present unper
fected state can safely carry passengers, who shall doubt that very
soon its carrying capacity will be sufficient for transporting bombs and
other heavy destructive agencies of war? At any rate, I believe it
will be. For that reason I want to put our army at least on an EVEN
FOOTING WITH THE OTHER ARMIES "of the world or ahead
of them in this respect.
My wish is to begin immediately, or as soon as we shall get the
money needed, with the organization of an aeroplane bureau in the
war department, just as we now have other bureaus there through
which the army is administered, and then begin to teach enlisted men
and officers alike to handle the machines. Thus far we have struck out
no new lines of experiment, but with an adequate appropriation at our
disposal we may be able to do this and evolve something new and im
I am satisfied that it won't be long before BOMBS AN OTHER
EXPLOSIVES WILL E CARRIED in aeroplanes and dropped at
targets on the earth just as projectiles are now hurled from big guns
st sea and on land and with about as much accuracv.
Real Estate and Investments
P. O W E N S Tribune Bldg., Bismarck
White «r-
You May TaMi to ONE Man
But an advertisement in this paper talks
to the Whole community. To eVery pas
sible buyer daily.
Catch the idea
Then take the short method—It insures YOUR
1911 success if you keep it up.
In advanced aero
nautics only is our army

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