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iroui •is It •Hp i, $A. •r $ & 'to & r- *-*, t'iSif, dp** 1 iW iiOTMfn THE TRIBUNE stored at the Poatofflc* Blimarck^ N. D., em S«ooai CUM Matter. ISSUED EVERT DAT EXCEPT SUNDAY SUBSCRIPTION RATES PATABUB IN ADVANCE Dally, by mail or carrier, per month $ .60 Daily, by mail, ope year in North Dakota 4-00 Daily, by mall outside of North Dakota, one year C.OOj Dally, by mail outside of North Dakota, three months. 1.60 Dally, by mail in North Dakota three months 1-25 Weekly, toy mall, per year 1-50 Member Audit Bureau of Circulation irHB STATE'S OLDEST NEWSPAPER (EataMlahed 1171) LOCAL WEATHER BULLETIN. For the 24 hours ending at noon, March 1(5. 1917: Temperature at 7 a. 18 Temperature at noon 23 Highest yesterday 25 Lowest last night 18 Precipitation 08 Highest, wind velocity 24-N Forecast: For North Dakota: Snow and cold er tonight Saturday fair fresh north west winds. Calgary 8 Chicago 20 Kansas City 44 Pierre 24 St. Paul 26 Moorhead 20 Winnipeg St. Louis 42 San Francisco 42 Helena Williston I*' ORRIS W. ROBERTS, Meteorologist. CZAR ABDICATES. Press dispatches at this writing have failed to state the fundamental reasons for the upheaval in Rusia. The fact that Czar Nicholas has ab dicated indicates that the uprising is not of an ephemeral or sporadic na ture. Linked with this news comes the in timation that Germany, too, insists on throwing off the yoke of a military and paternalistic bureaucracy. Just what effect developments in Russia will have on the war no one can predict. It has been known for some time that there was unrest in Hussin and Germany over the admin istraton of the food supply. Privi leges were enjoyed by one class de nied :o others and speculation com bined with governmental graft were prevalent in both nations. These doubtless were contributing causes to demands made in Russia and Germany for a more democratic form of government and the wiping out of special privileges under which both nations have chafed. fciJut there is little similarity between je situation in Germany and that in issia(jNi«epfr- apon the surface. The srmaJ leaders are merely yielding pular demand for more repre sentative government.* but any dras tic act|n is to b^jfjejijed unttt the war nears an end, if, of course, the people themselves do not insist upon immediate steps to relieve the pres sure of present economic conditions. It is in 'Russia, however, that inter est attaches now. Czar Nicholas has abdicated in response to popular clam or, surely a historic epoch in Rus sian history, blackened by despotic deeds ever since the days of Peter and Catherine. The assassination of Rasputin re vealed to the world the political un rest in Russia. There has been two strong undercurrents, one friendly to the Entente and the other seeking to force .Russia to make a separate peace •with Germany. Jn'addition were the economic con siderations which took form in food riots at the capital and like demon strations. These may or may not have been inspired tc^ obscure the underlying and fundamental political motives for the upheavel. Until the censorship is 'iftod and the world knows what kind of fer .mentation has been going on in Rus sia since the war broke out, it is al most impossible to discuss with any degree of accuracy the significance of the movement in its various aspects. On the surface it appears as a very violent protest against an autocratic form of government and a move on the part of the progressive element to bring Russia nearer to a consti tutional monarchy. His abdication may mean a more vigorous conduct of the war. Rus sia has been torn by internal dissen tions since war was declared. Her military showing has been miserable to say the least. Reactionaries at Petrograd would rather face national disgrace than yield to the claims of a people. Priv liege has become more sacred than patriotism. The Russian people evidently have come to a realization that if they are to win this war, such leaders as Stur dier and Sukhomlinoff, of Teutonic leanings, must be removed perman ently from spheres of influence. When the clouds of revolution have lifted the world may see a United ftassia a, people who have found tfeemselves. 3? WHY later? Newspapers in the District of Co Ambia are agitating a change In the to* to IMdiag thiat ceranotial late in «M weather eMdttftnn am more likely to be favorable than they are on March 4. A better suggestion is that made by Representative Lenroot of Wisconsin, that the inauguration be held Janu ary 1, thus bringing into earlier ef feet any change of administration fo: which the people may vote at the pre ceding election. Holding the inaug uration in June would mean that the administration would not. change un til eight months after the people had voted. REVENUE FAILURE. Increasing imports and decreasing revenues from import duties is the continuous record of the Democratic tariff law. The average rate of duty on all im ports for the first seven months of the fiscal year 1917, July, 191 (J, to Janu ary, 1917, fell just a trifle below 9 per cent. On imports totaling $1,348, 2C5.000 we received customs revenue amounting to but $121,213 503. That was an increase in the value of im ports over the first seven months of the fiscal year 1913, under protective tariff, of $2"i2,000,000 (an increase at the rate of $3fi,000,000 a month) anrl a decrease in the amount of revenue collected at our ports of $74,000,000. When Secretary McAdoo estimated customs receipts for 1917 at $230,000, 000 he believed the estimate very con servative. It now looks as if his esti mate would be $30,0()0,i'0() too great, and that the revenue from this source will he not less than $120,000,000 short of the amount receive'! in Republican times. STRIKE THREATENED. Unless President Wilson can secure some concession, th& nation's high ways of commerce will be blocked by a general railroad strike. There is dual purpose in precipitating a crisis at this time. The employes believe that the international situation will force President Wilson to take drastic steps, even to the expedient of taking over the operation of the railroads, In the second place, the national pre dicament, both as regards food sup plies and general transportation con ditions makes it an especially oppor tune time for the representatives of the brotherhoods, from their view point,1'td force the issue. But how about the public? More than 100,000,000 people are vitall# involved in the, situation. Pub lic opinion condemns any move to force a settlement at this time, espe cially when the courts are now deter mining the validiy of the Adamson eight-liour law. Congress on the eve of a general election was clubbed into passing a law which since has proved satisfac tory to none of the parties. The brotherhoods 4iave discovered that even if the law is upheld, it is a sur render on their part of a very vital principle. In the past organized labor has stubbornly refused to recognize the right of the government to fix ar bitrarily wage scales and hours of la bor. The inadequacy of the law from the labor viewpoint lias become more apparent with the flight of time. Con fusion over the manner of its applica tion should the court find the Adam son law valid has further complicated conditions. In their haste to force a ^cognition of the eight-hour principB with ten-hour remuneration, the brother hoods find that it was not a victory they won by intimidating Congress. Their attorneys have pointed out that the law passed is of doubtful value. As if anticipating an unfavorable de cision, the representatives of the rail road employes engaged in the actual operation of the trains evidently have decided that resorting to legislative action is less effective than the ordeal of a strike. Wihether the strike will be called is only speculative at this time. Sat urday is the date set, but much can transpire in the interim. Once before when Congress bowed beneath the lash of the brotherhood leaders, a date was set, but no strike was call ed. Probably a strike is necessary to demonstrate that none of the parties to this controversy can afford to ig nore the common rules of justice. The law is before the supreme court and the nation is confronted with a crisis, the worst since the Civil war. These conditions alone should deter labor from forcing the issues now. Public opinion is militantly opposed to a strike at this time and there is a general feeling that the employes might have held their demands in abeyance until after the supreme court has Spoken. SUPREME COURT 0 O DECISION OF SUPREME COURT Grant S. Youmans, Plaintiff and Ap pellant. vs. Louis B. Hanna, et al., Defendants and Respondents. Syllabus: (1.) A judge of the Dis trict Court who is cadled to sit ini the place of a justice of the Supreme Court, becomes, when he reports for duty and enters upon the discharge of his duties pursuant to such call, for all purposes in the case in which he is called, a justice of the Supreme Court, aa4 is rtMM ^mrtmmater power and authority as though he had been njulyly elected OH,TOM, COME AT OHCt! BABN IS 8 ified to till the office of Justice of the Supreme Court. (2.) A decision promulgated by district judge so called is the de cision of the Supreme Court of North Dakota, and entitled to the same con sideration as though it had been promulgated by a like number of reg ularly elected Justices of the Supreme Court. (3.) So far as the public and third person are concerned, the acts of of ficers do facto, performed by them within the scope of their assumed of ficial authority, are generally as valid and binding as if they were the acts of oflicers de jure. And this rule ap plies with full force to judicial of ficers. (4.) For the reasons stated in the opinion, it is held that Justices Fisk, Burke and (loss were unquestionably de facto justices of the Supreme Court of North Dakota, during the month of December, I91C, and con' sequently their official acts during that time were valid. (5) When the Supreme Court has entered a final order in a cause brought there on appeal, and the re mittitur has been transmitted to, and judgment entered thereon in, the Court below, the Supreme Court loses jurisdiction 10 and reinstate the cause, unless the order direning the issuance of the re mittitur was based on fraud or mis take of fact. Appeal from District Court of Ward County, Kneeshaw, special judge. Motion to vacate order denvins a rehearing. Denied. Opinion of the Court by A. II. Cole, district judge. Hanley, district|judge, concurs specially. Robinson, J., dis sents.. Birdzell and Grace, JJ., did not participate. Hon. A. T. Cole, judge of the Third Judicial district, and James M. Han ley, judge of the Twelfth Judicial dis trict, sitting in their stead. Arthur Le Sueur and James A. Maji ahan for motion. Francis J. Murphy, Contra. DECISION OF SUPREME COURT From Renville County. Dave Walker, Plaintiff and Respond ent, vs. J. H. Paulson, Defendant and Appel lant. Syllabus: In this case an appeal was taken from the judgment, but no appeal from a subsequent order deny ing a motion for a new trial. The record shows no error and the verdict and judgment might well have been for a greater sum. Appeal from the County Court of Increased Jurisdiction of Renville County Hon. Persy S. Crewe, Judge. Affirmed. Opinion of the Court by Robinson, J. Grace, J., being disqualified, did not participate. Geo. I. Rodsater, Mohall, Atorney for Appellant. Grace & Bryans, Mohall, Attorneys for Respondent. SUMMONS. State of North Dakota, County of Burleigh, ss. In District Court, Sixth Judicial Dis trict. Edla R. Person, PlalntifF, vs. Henry Willard, Alexander McKenzie, Hettie Wilson, John H. Richards, Robert B. Richards, John H. Sayer, Mrs. B. Anderson, Phillip iMilsted, Andrew Person, The Bismarck Con struction Company, and all other persons unknown claiming any es tate or interest in or lien or incum brance upon the property described in the complaint, Defendants. The State of North Dakota to the Above Named'Defendants: You are hereby summoned to an swer the complaint in this action, which/Complaint will be filed with the clerk of said District Court where in this action is commenced and to serve'S coipy t)f yuorr" answer upon the subscriber within thirty (30) days after the setvlce r- «nM 'II recall the remittitur t\ DOINGS OF THE DUFFS. GBT SoOFL COW OM.DAD- WE'RE 6oih6 Right OUT MOME? TORN TQ TH£ RlfiHT BISMAICK DAILY TRIBUNE S. 0, s. HEAR I AM, pearJ upon you exclusive of the day of ser vice, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated this 20th day or December, A. D. 1910. THEODORA KOFFEIj, Attorney' For Plaintiff. Residence and Post Office address, Bismarck, North 'Dakota. To the Above Namea Defendants: You and each of you will please take notice that the jUove entitled action relates to the following described land to-wit: Lots seven (7) and eight (8), in hlocK forty (10). of the Northern Pacific second (2nd) addition to the City of Bismarck, North Dakota, and lot ten (10), in block eighteen (18), of ltiverview addition to the City of Bismarck, North Dakot^, and that this action is brought to quiet title in the plaintiff to the above described land and that no personal claim is made against any of the defendants herein. Dated this 20th day of December, A. A). 1916. THEODORE KOFF1EL. Attorney For Plaintiff, Bismarck, North Dakota. (2—2, 9, 16, 23 3—2, 9) GOVERNOR APPROVES BILL CAUSED C0II0T1 IE rn »IE House Bill 174 Concentrates Con trol of Farm Institutes iii Political Office (iovornor Frazier on Thursday sign ed House Bill 174, which places the control of farm institutes in the hands of tt*e assistant commissioner of ag riculture and labor and appropriates $.000 for the use of.-this official. Sen ator Hylaiid made a stronge objection to this measure after the senate passed it. but liis motion to reconsider was laid on the table on motion of Sen ator lililiens. Ilyland saw in the bill the building up of a great political ma chine in the agriculture and labor de lta rtment. 'Fargo profits from two appropriation bills signed Friday, House Bill 235. awarding the Crittenden home $6,000 aid, and House Bill 55, appropritting $."..(100 to l»e used by Dr. Ladd in the study of wheat and cereal products. House Bill ::46, now a law, re-es tablished the location of all institu tions whose site was fixed in the con stitution and changes the name of the Mandan reform school to the North Dakota industrial training school. Senate Bill 177 gives the Missouri Slope Agricultural association $10,0001 for its annual fairs at Mandan in 1!H7 and 1018 Senate Bill 166 appro priates $ST»,000 for the maintenance of the national guard for the next two years, and Senate Bill 140 appropriates $.'5,500 for the refurnishing of the sen ate chamber. The most important bill signed by the governor Friday was Senate Bill 314, Senators Kirkeide'^ and Drown's grain grading measure. MEMBERS OF LOAN ASSOCIATION ORGANIZE (Special to The Tribune) Jamestown, N. D.( March 16—Mem bers of the board of directors of the new Federal Farm Loan association, organized this week by farmers of Medina and vicinity, met yesterday and elected officers for the year as follows: President, J. W. Pearson vice president, J. Jablonski secre tary-treasurer, Charles Schawder board ofappraisen, H. Chrlstianson, W.' X. •Uarrln*t(» O. .vmgfifc' •—J You'd., enjoy thejRadisaon, Minne- m&» *By Allman OH.Wffe Tdo IATE Tom! bABVj HAP MIS UTTLE TOE IM HIS MOUTH AMP HE LOOkEO SO COTE I WAITED SOU TO mm 0. SUHDAT HI to put M_»n# Governor Hopes Game Will Be Kept Clean—Predicts Refer endum Otherwise (Jovernor Fra/.ier made himself ace high with I lie great American kid yes terday by signing Senator Hamilton's famous i::7." legalizing Sunday base ball "for fun." as the governor ex pressed it, and in doing so the chief voiced the hope that the "boys" will plav fair with him and keep the game clean and above reproach', especially on Sunday. Senate bill 1.'57 provides that it shall not be unlawful to play baseball on the afternoon of the Sabbath, providing no charge is made for admission, and that the diamond is not located within 500 yards of any house of worship. There is nothing in the bill which prevents the taking up of a free-will offering or the acceptance of contributions, for the good of the cause The law does ex pressly prohibit teams from playing for a purse or for gate receipts, but it does not prevent the home team from paying the visiting team a stated sum to meet traveling expenses and etceteras. "Now that the boys have theii" Sun day baseball," said Governor Frazier today. "I hope they will keep it clean. It Is dependent on them to do so, for if they do not I am very certain from what I have learned that an effort will be made to repeal this act by referendum." This is the last of several Sunday bills which created somewhat of a furore in the fifteenth assembly. All of the bills except one legalizing Sun day shooting passed both houses, and all uow have been signed by the gov ernor. VETO POWER AGAIN IN REJECTING H. B. Measure Regulating Annexation of Territory to Special School Districts The governor, for the second time, today exercised his veto power in dis approving House Bill 428, which re lates to the annexation of territory to special school districts. The bill was a league measure, nitroduced by Rep resentative Lazier, providing that ter ritory more than three miles distant from the central school could be an nexed only upon petition of two-thirds of the school voters residing in the ter ritory at a greater distance than three miles. In his veto message the governor ad vises that he disapproves the bill first, because one provision permits the an nexing of territory without the con sent of persons affected, while another provision would deprive one of the state's normal schools, not named, but understood to be the Minot normal, of pupils for its training school & FOR MAGISTRATE J. O. VARNEY 1 announce my candidacy fttt* Police Miagtetrate at the coming election. Motto: all and equal ._ ___ UMlHimlOUMIIt M, 1 rights to all men. 1. (Political Advertisement.) it I .'I .r .x... 1 Capitol News 8V ASSEMBLY Important Amendments and New Measures Affect Banks and Taxpayers Generally ABATEMENT OF TAXES MADE LESS DIFFICULT Machinery Provided and Commis sion Given Power to Enforce Regulations Much of the more important legis lation enacted by the Fifteenth as sembly affects the tax commission and the taxation system in force in North Dakota. Assessment Bank Stock. Senate Bill 49 provides for the as sessment of bank stock, amending the •compiled laws of 191'3 so as to bring trust companies under the operation of the law. The bill repeals the provision allowing a deduc tion of per cent of the loans and discounts and provides that the as sessed value of the stock shall be as certained by adding together the cap ital stock, surplus and undivided prof its, and deducting therefrom the net investment in real estate: provided, however, that such net investment in real estate shall not exceed a sum equal to 60 per cent of the capital stock, surplus and undivided profits of the bank. The bill further provides that any solvent bank by making a written re quest may have the assessment here tofore levied against the individual shareholder levied against the,bank in its corporate name, and such taxes paid by the bank as other expenses of the bank are met. By this provi sion banks will be permitted to have a deduction of the amount of their taxes from their net. income, whereas, heretofore, when the tax was paid by the individual shareholder, n6 such deduction Accrued. The Statement heretofore furnished by tjie1 bank must now be made in duplicate, one copy to be delivered to the county auditor, and 'the other "'to'the tax commission. Classification Property. Senate Bill 4i!) provides for the class ification of property for assessment and fixes a percentage of the full and true value at which property shall be assessed. Lands, railroad property and bank rftock constitutes Class 1, to be assessed at 30 per cent of its actual value livestock, machinery, au tomobiles, stocks of merchandise, flour mills, elevators, gas and^etoetric light plants constitute Class 2, WBtJ valued and assessed at 20 per cent of its act ual value household goods, wearing apparel, improvements, upbn farm5 lands and money and credits not oth erwise assessed constitute Class 3, and are to be assessed at per cent of their full value. Abatement Taxes. Senate Bill 52 provides for the abatement of taxes. Under the pres ent law of the state and decisions of the supreme court, there is no way of securing abatement of taxes after the assessment has passed the local board of review. This bill provides that application may be made to the board of county commissioners for an abatement, whereupon, if it is favor ably acted upon, it is ultimately cer tified to the North Dakota tax com mission, when, if the commission ap proves, the abatement can be made. This alw. will do away with many ac tions continually brought by taxpay ers where they have been unjustly as sessed. The bill provides that the tax may be abated in full or in part tax may be abated in full or in part, as equity may justify it. Moneys and Credits. Thfr assessment of mohey, and cred its at three mills on the dollar is pro vided for in Senate Bill 55, which classifies moneys and credits and fix es a flat rate thereon. The same law is in effect in Minnesota, where it is giving satisfaction. Statistics show that a larger amount of revenue is se cured from this class of property by a three-mill levy than where it is as sessed under the general property tax, and .i nadditipn, the revenue comes from a larger number of persons, and is more uniformly administered. Duties of Commission. Additional powers and duties for the tax commission are provided by Senate E'ill 62. It is a combination of the present Nofth 'Dakota law with many sections interwoven from the Minnesota statutes. Some of the leading features give the tax commis sion power to appoint special Asses sors in districts where, in the opinion of the tax commission, assessments hpve not been properly made, and pro vide for a reassessment of the dis tricts in whole or in part. GOVERNOR SIGNS BILL IDI IAT Chief Executive Inclined* to Be lieve Federal Engineers' 3, Fears Ungrounded _______ Governor Frazier, in the act of sign ing House Bill 228, which appropriates '$28,000 specifically for the use of the state highway commission, paused to day^ to express the opinton that fed en4 erikfiieek' ftftrtfasgb tJie !taM6 Qufey & thf fundi praided by, tfie FtfteenA aaaimbly tj»*b£ exp6ndjd by tke highway commission in co-opera- 7" FRIDAY, MARCH 16, 1917. tion with the federal post roads aid, are ungrounded. The chief executive, who is some thing of a good roads enthusiast, thor oughly endorsed the movement when he signed House Bill 228, as $28,000 is a rather husky appropriation: to pass by when a governor is paring the state's budget down to the very bone, even at the expense of more or less necessary and desirable additions to educational institutions. Governor Frazier believes that through the co-operation of counties located on such transcontinental high ways as the Red Trail, the Wonderland Trail, the Meridian, the Black Hills and the Yellowstone trails, withi the aid which will ibe available from this $28,000 jackpot, and the ten percent of all revenues from automobile reg istration fees, whose expenditure is placed entirely in'the hands of the state highway commission, will be in position to meet the demands made by the United States govemmtnt in connection with the co-operation which it tenders. The fund provided for by House Bill 248 will be available for use in counties through which a trunk-line highway is being built, but whose re ceipt® from automobile licenses and revenues from other sources are not sufficient to meet their share of the expenses. For instance, in the case of the Red Trail bridge at Medora, built by public subscription, had "2i28" been in effect, the state might have been called on for assistance. The same will hold true of the building of trunklines through co"Unties such as Billings, where automobiles are com paratively few, and revenues general ly not overlarge. BILL DOES NOT General Inspector of Office of Public Roads Points Out Slight Objections NATIONAL AND STATE ENGINEER VISITS MOTT .iH'iihi.' Booster Meeting to. Digftuss Co operation Between County and Township iNorth Dakota's state highway law, creating a highway commission and diverting to its use two-thirds p.t'.the revenues produced from the fee charg ed for the registration of motor vehi cles, is not altogether satisfactory to Uncle Sam "intfbc'Tii^tfftttt*is a good bill but its^^iSSrtJSrffi the fact that actually less than 10 per cent of the net reventflf^tnay l*Ti*ed in state highway6"wdrfelVAll of the remainder, less expenses of the state highway commission, must be used in the con struction of roads in the county whence the fund comes. T. Warren Allen of Washington, D. C., general inspector of the United States office of public roads, and Dis trict Engineer E. O. IHathaway of St. Paul, who are here to investigate North Dakota's road-building plans, with a view to determining how this state's $ "6,000 slice of the Shackel ford federal post roads aid shall be invested, have pointed out this flaw. The danger of the present law lies in the probability that the road funds will be split so many ways that no consistent, continued effort at trunk line highway building will be possible. If this condition should develop, the amount of federal aid which the state could command would be problemat ical, for it is understood that Uncle Sam insists on systematic roadbuild ing, with some definite trunk-line con nection in view, and that he will not consent to the diffusion of his road moneys, piece-meal, all Otfer the state. The fact that only 3 per cent of the cost of the job is allowed for inspection would preclude th$ federal government's undertaking to aid a vast number of small projects, as the allowance for inspection would be al together inadeqquate were the federal engineer required to travel the length and breadth of the state. Mott Road /Meet. Today Federal Engineer Hathaway and State (Engineer Jay W. Bliss are in Mott, attending a good roads "booster" meeting, called with a view to stimulatihg closer co-operation be tween the county and the various townships in highway construction. The meeting is held under the 'aus pices of the Hettinger county board of highway improvements, consisting of the supervisors from each town ship. Allen to Washington. Inspector Allen, after looking up the enrolled bills which affect high way work, and consultin%with Gov ernor Frazier and State Engineer Bliss, returns today to Washington. Thomas on the Job. P. W. Thomas, former assistant city and county engineer for Bismarck and Burleigh, recently appointed as sistant state engineer, now is on the job. OOES TO CROSBY. Miss Alma Nordstag, employed In the secretary of state's office during the session, loaves today for Crosby to take a responsible position in an abstract office. PUBLIC ANNOUNCEMENT. The undersigned hereby announces his candidacy for the office of police magistrate of the city of Bismarck at the ensuing city election to be held in April, 1917. —-Adv. W. S. CASSELMAN. ag,:. •w HOTICE. 4)11 Muds of furniture repaired. Phone 59 for particulars. A C: & i' 1 H?