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t:"r Turner. m- J. M. Gaulke, AnWted For ,Grading without License, Seeks Release.. 'Act is Unconstitutional on Ten Counts According I i®, .,s to Attorneys. *, ,: JBlsmarck, N. D„ Aug. 8.—That S'North Dakota's new grain grading act Which became effective July 1, is un constitutional on ten counts, was con tended yesterday by Representative J. IF. iT. O'Connor of Grand Porks, and rformer Associate Justice E. T. Burke lof "Bismarck, in arguing the petition If or a writ of habeas corpus by which C. M. Gaulke a Thompson grain buyer formally arrested for inspecting and railing grain without a license, seeks Ills, release from the custody of A. Turner, sheriff of Grand Forks coun- The action .is entirely friendly and vas instituted 'to obtain a ruling on le law. Mr. Gaulke petitioned District Judge Sooley for a writ of habeas corpus id under agreement appealed to, the apreme court when the writ was de fied. He. is represented by. J. F. T. I'Connor and Judge BVirke, and rep resents a nuirtber of track buyers, who believe the purpose of the "act is to legislate them out of business. Attor ey General Langer and' his law part ner, Judge B. I. Nuchols of Mandan, fefended the act, appearing technlc "lly as representatives for Sheriff to a it The act is unconstitutional, .its aa lilants claimed,' because there is lore than qne subject in its title Because there are several subjects in the body of the act not expressed in the title because the act attempts /to delegate legislative powers to officers because the act authorizes the state to fengage in private business and there tore violates thfe fundamental law because the act unlawfully discrimi nates and makes an arbitrary classi fication becauSe the. law attempts to |levy and collect taxes In violation of the constitution because the provi sions of the act make It impossible to Fknow what part of the present laws twill be repealed, and the act is vague, ^indefinite and uncertain because the fact illegally compels towns to estab lish scales and build.ings, as a condl 'tion precedent to securing a deputy inspector attempts to tax without a £. benefit because the appropriation of $10 ,000 for placing the act in force Our assortment of. materials Is unsurpassed anywhere. Ask us for Catalog. Grand Ectrks Tent And Awning Co. 128 DeMers Grand Forks. iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii^ Boston Toronto, Buflalo DAILY to Chicago i£Zl was not. .made according, to plain pro visions in the constitutibn, and be cause the acf attempts to regulate In terstate commerce. Statefa Attorney General Langer and J. 6. Nuchols argued that one feature of the act might- be found, unconstitu tional without imperiling the act as a wholb that the principal purpose'of the act was the regulation- of markets ing, inspection and grading of grain and that this, purpose-wad expressed in the! title that provisions relative to cities investing In scales and scale houses were permissory rather than mandatory, and that the admittedly weak-feature: of the act which, was for levying fees for grading" and in specting 2 S per cent in excess of the cost of operation in order that p. fund may be set aside for the erection of a terminal elevator was not pertinent and could be eliminated without af fecting the act as a w^iole. Deny Discrimination. The state also held that the act does not discriminate against track buyers in favor of elevators, but that' track buyers may purchase grain which has "been Inspected by licensed deputies or may themselves qualify as licensed deputy inspectors The state further contended that there was no discrimination in the fixing of a fee of $10 for lioenslng of elevator men as deputies, while deputies appointed by the chief Inspector are charged no license fee, inasmuch as the former acted in private and the latter' in", a public capacity. Features of Act. The (grain grading act provides that no grain or other farm produce may 'be purchased until it has been in spected, weighed and graded by a deputy inspector. It's enforcement would mean the licensing of a deputy inspector for each of North Dakota's 2,200. elevators and would place all of these deputies in charge of Dr. EK F. Ladd, president of the Agricultural •college, as chief inspector Dr. Ladd has napied J.' A. McGovern of St Paul as chief deputy inspector, and he' and the railway commission which Is charged with responsibility for the act have proceeded to place it in oper ation. Judge Burke announced in the course of his argument that certain features of the act violate the federal as well as the state constitution and that the United States supreme court ultimately may be asked to pass on the measure. The.act is one passed with the sup port of the Nonpartisan league last winter, and its purpose as announced by the league was to procure just grades, weights ancf dockage for the North Dakota farmers' grain. Dr. Ladd has announced that the newly established federal grades will be adopted. Attorney General Langer In a recently published opinion admits that the constitutionality of some fea tures of the act is in doubt. The supreme court is expected to announce its ruling which will'clear up all of these questions at an early date. THRESHING OF RYE STARTED NEAR MIN0T Minot, N. D., Aug. 8—Threshing commenced in this vicinity, on Mon day 'when the wheels started to turn on the' farm of Alonzo Brown, five miles east of Minot. The threshing was Irye which turned out twelve bushels to the acre. The grain receiv ed No. 2 grading and the price paid at local elevator^-for that grade was $1.75. per bushel which meant a value per acre of $21. This excellent yield In view of,the dark prospects is more than encouraging the farmery of this vicinity. MORE COMPANIES MAY BE TAUGHT THE USE OF MACHINE GUNS Fargo, N. D., Aug. 8.—According to Major Frank S. Henry, of the First North Dakota Infantry/ who passed through this city on his way -to Val ley City from the field artillery school at Ft Slll,Okla., two companies, of the frst regiment and three companies of the second may be transferred into machine gun companies. He stated that three machine gun companies will be attached to every regiment under the new organization plan of the war department. The. first regiment already has one machine gun company, a Grand Forks, and two more such companies may be organized from the companies already formed. They will be equipped with rapid fire guns and will be given spec ial training in their use. The second regiment may also have three machine gun companies. Froir^Minneapolit and St. Paul Bound Trip New York $50.70 54.00 49,50 54.00 $35100 $3.7.35 39.35 Montreal Ekci^isibif^ Fares apply to a' great many points in the East—upon request, com* plete travel informationwill^efurnfehe^?, J'. Chicago /To Baiter in Every Way De Luxe Trains $40.10 5 $38.95 40.35 Thousand|Ialands. Atlantic City. $53.50 $47.80 54.00 Portland,'Me. I ..... 5'' NORTH COAST LIMITED NORTH AMERICAN NORTH WESTERN LOflTED ATLANTIC EXPRESS A. tV. ft'.- ..•» .»*'•. Special excursion farepamphlets to the JSait and Wett 396 Robert Street, St Paul 600 Nicollet AVe^ Minneapolis t, WBTTAKEB, Tt«t. Pm*. ifntlll. W I f. MAISSn£W,Tnhr. PwAfMlj tODAY'S CARTOONET NATCBE FAKING. "7 CHURCH BELL THEFTS CONTINUE TWO MORE GONE IN CASS COUNTY Fingal, N. D., Aug. 8.—Two church bells have been stolen from this neighborhood in two days, the Norwegian I/utheran church and the Catholic church are the buildings most recently stripped. One of the bells weigh ed 1,000 pounds and It is believed that it was carted away on an auto truck. During the last month a total of nine bells have been stolen from churches in Cass and Barnes counties, all of them, apparently, being carried away on an auto truck by the same robbers. THREE CHILDREN DIE BECAUSE FAMILY DID NOT CALL PHYSICIAN Hazen, N. D., Aug. 8.—Because no one In the family thought It necessary to call a doctor, three children of Jacob Zurn, a farmer living twelve miles from here, diod of diphtheria during the last week, and three more of the children who have had the disease, are recovering. The children had been ill for some time and the doctor was not called until after the death of the first one. The physician now claims that had he been called when the children were taken ill, all three lives could have been saved. SARGENT COUNTY RED CROSS GROWING FAST Milnor, N. D., Aug. 8.—Red Cross activities are being pushed as rapidly as possible in this county and the work of the leaders is showing its ef fect. The officers of Sargent county are planning a wide campaign for membership and it is expected that the number of members will be doubled. Cogswell chapter, under I: W. Over ton, now has 1.40'members and $900 has been accumulated. MUnor has already accumulated flSO to go into the Ked Cross fund, although a regu lar organization in the town has not yet been formed. Chapters at For man, Rutland and Brampton are all making good showings and It Is the plan of the county officers to form a chapter in every ..town. i'The. offlcers are: F. W. Vail, chairman R. Jj. Himebaugh, secretary D. J. McKen zie, vice chairman, and N. L. Cabonne, treasurer. ,• ALLEGED COPPER THIEF TAKEN BACK TO SOUTH DAKOTA Fargo, N. D., Aug. 8.—James R. Williams, wanted in South Dakota for shipping stolen property over the Milwaukee railroad, was taken back to that state by a deputy sheriff from Aberdeen. Williams was arrested here charged with being a fugitive from justice on complaint of Milbank, S. D., officials. The man is charged with being im plicated in the theft of $8,000 worth of copper from the government at Milestone. Mont. It is claiftied that the gang of copper thieves has been operating in that section for some time and recently a quantity of cop. per ordered by the government dis appeared. It was traced to another town where it was located on a Mil waukee train and shipped to this city. The car was detained at Milbank, Mont, and when Williams went to the freight depot in this city to inquire about It, he was taken into Custody. SET WAGES FOB LABOR. Cooperstown, N. D., Aug. 8.—Wages for Harvesting were set at $8 a day and for threshing at $3.60 a day at a meeting of about 70 farmers in this city. Almost every sectiori of the county was represented.' Wheat harv est Is now under way with plenty of men on hand to help. LEGAL NOTICE OBOAxiunm onnnom Of the HonaarforA State Bank. Know All Men by These Presents, that we, whose names are hereunto subscrib ed, have this day united ourselves to [ether to form an association for carry ing on the business of banking under the laws of the State of North Dakota, and have adopted and.executed Articles oi' Association, in-duplicate for that pur pose, .and have1 duly forwarded' such articles to the Secretary of State of North Dakota that we do hereby' under our hand make and file the following, as our'Certificate of Organization: First: The nam# of said corporation is Honeylorff State Bank Second: The place where.the. business Of discount and deposit are,to be:.carried on is at Honeyford, County of Grand Forks, State or North,' Dakota Third: The amount of the capital stock and the amount into which its •hares are to be divided Is: I Fifteen thousand and 00-100 (|1S,000.00) to be divided Into. 160 shares of $1,000 each. Fourth: The names and residence of tbe Shareholders and the number of shares held by each of them are as fol lows: .. Name and "Residence. No. Shares. John o. Fadden, Arvllla, N. D. .....: 60 X).. J. Knutson, Arvllla, N. D. ..... ... 21 JahiM A. Dinnle, Grand Forks, N. D. 26 David H. Beecher, Minneapolis, Minn. 60 Fifth: The period at whlch this cor poration shall commehoe business shall be within one year from the date of ,£hl Charter, aud it shall terminate 26 years from -date of its charter. In witness wjhereof, we have hereunto set our hands and. seals each for ', hlm self, this 14th day of 06tob?r. D., 1916. A JOHN O. TADDreTi O. J. KNOTSON, DAVID H. BEKCHER, JAMBA A. DINNIB. CHAS, A. I. M.BURQE8S. HVNTBR, STATE Off NOlRTH DAKOTA, County of Grand Forks, s«. 4^ On this 3rd day of,. November, 1916, before me pemnally appeared Johfe o. Fadden O. J. KTttutBon, A. Dihnla and David H. Beecher, Ttnoyn to me "to be the persons who-are described, in and who executed the foregoing certificate of organization, and they andfeaoh of them acknowledged to mi^. traLt-they executed the same. (Seal.) W. M. Bdmunds, Notary Pubic, Grand Forks Co., N. D. mmlaiion Bxpire* Oct 29, ltS(fc (Aug. Mi-IMC) Uncoil i'4 fiy-brb-'':', A GRAND FORKS HERALD WEDNESDAY, AUGUST S, 1917. NEED OF MONEY Plan for Financing Work qf. Organization May be & Worked Out. Bismarck, N. D., Aug. 8—The North Dakota defense council has been ham pered since Its organization .by a com plete lack of funds, but President V. H. Stickney of Dickinson believed the plan of financing recently adopted will work out, and that by the last of August the council will have attained its stride. War was declared after the North Dakota legislature had adjourned. Not a penny was appropriated by the Fifteenth assembly for war work. When the National Defense Council of this state was organized there was no fund which it could draw on. All of the work it has done to, date has been carried on, on $600 appropriated by the emergency commission. The state's emergency fund is so small that It will not stand another nibble, and the defense board' has voluntarily assumed the task of. financing the council the next 18 months through funds raised on personal notes. About $5,000 will be required, and Dr. Stick ney is confident- that notes to that amount will be forthcoming. Gov ernor Frazier has assured the council that the next legislature will reim burse it for eve^y penny expended. ONE HORSE KILLED BY POISONED OATS AND OTHERS MADE SICK York, N. V., Aug. ,8.—Frank Re- vler, a farmer near this place, lost one horse and three others were In a bad condition as the result of eating poisoned oats believed to have been put In the horses feed box for the purpose of killing the animals by some one who wanted to hinder the farmer from cutting .his grain. Mr. Revier placed some feed In the box before going away from the place and when he returned, fed the horses what he supposed was the same feed. Next morning as he was hitching the animals to a binder, they became sick and one died within a short time. A doctor was called and saved the other three. An examination of the feed given the animals, showed that oats had been mixed with poison for the purpose of killing gophers, had'been placed in the box. Several such cases have been found in the state this year and a number of attempts have been made to burn up crops. The necessity of home guard units in different places after the Na» tional Guard has left is shown by such practice and township organizations will be formed in some sections. LOWDERMILK MAY BE SOLD BY TINKER Columbus, O., Aug. 8.—Joe Tinker, manager of the Columbus club, be lieves he will sell Grover Lowdermilk, the veteran pitcher, to a major league club before the draft period. Lowder milk is rated as the leading pitcher* In the American association. Several ma jor clubs are 'reported to be bidding for him. FLICKER TALES Crystal—The remains of Howard W. Sprlngsted, aged 24, bookkeeper of the Fargo branch of the Standard Oil company who died of heart failure will be shipped to this city, his former home, where interment will be made. Fargo—A large number of North Dakota potato growers are joining the North Dakota Potato Growers associa tion, according to Dr. M. J. Boyle who is in charge of the association. Valley City—The state wide and the regional immigration plan will be thoroughly gone over and explained at a meeting called to be held here Aug. 9, wheri the Cheyenne River Val ley region will organize. Hankinson—Otto Bartz, who disap peared from here about, last Christ mas, has returned as mysteriously as he went. It was rumored that he was in the custody of Canadian authorities, held as a German spy but he stated that he had been in Wisconsin. Granville—A lighted match dropped by a harvest hand is supposed to have started a fire on the George Griffin farm, a few miles from here, and burned 100 acres of his rye crop. He bad- just started harvesting the crop and this Is practically all the grain he had planted this season. Wyndemere—A bottle' was hurled through a window of a fast moving train here aqd the broken glass se verely Injured Mrs. Robert Jobb. Wahpeton—Mary Nickel and Eliza beth Plckard, nurse, have left for the Panama canal zone to enter Red Cross nurse training and will eventually go to France. Both graduated from the St Francis hospital atsBreckenridge. Sutton—In honor of the"Voung men who are to go with the.troops from Griggs county, plans are being made for a grand county picnic to be held at Willow Lake, Sunday Aug. 12. Tags will be sold to raise a fund for the men. Langdon—The temporary injunc tion, closing the drug stores of H. L. Francis, at Hannah and Wales, was made pera&anent when Judge W. J, Kneeshaw handed down a judgment against him on a charge of violating tjie prohibition laws of thp-statp. The o.wner gave bonds securing the lawful ilse of the buildings and he will be al lowed to operate nis drug scores. Bowman—Threshing operations for this season started In Bowman county this week and muoh new rye and -pos sibly some winter-Wheat will be in the elevators by the end of the we«k, Leonard—The Leonard Mercantile company has been organised, here with a capital stock of $20,000. When the necessary capital has been raised," ne gotiations will be started with W. J. Anderson with the view to taking over his stock and leasing the property. C. H. Plath has been, elected president of the comp&ny. -JO 'A»j*ac TUlOAg •sjyi— merly of Barnesvllle. Minn., in a dl vorce complaint llled in Cass county district court declared she Was afraid of her husband,-and'wanted the cust ody of their three' children. Since July 2, when she left home, she says she has feared to return because of threats she alleges her husband, made against her.- YOUR CLOTHES BY PARCEL POST $D B* Mr oiiw^d ««A V..W "'l THE PANT0RIUM WILL MAKE U.S. LIKE RUSSIA I. W. W. Threats to Gover nor of Montana Coime From Eastern Cities. Helena, Mont, Aug. 8.—"Deadly results to the ruling classes" are threatened In telegrams received by Governor Sam V. -Stewart from east ern locals of the I." W. W. should oth er I. W. W. members be lynched. Philadelphia members threaten a strike throughout the east in the event another I.' W. W. is lynched or deported. A telegram was sent by the Detroit Workers Defense League, addressed to the governor, of Montana, and reading as follows: "The act of law and-order mob in lynching of Frank Little' in Butte forebodes strife and disorder for the states, and unless these acts of law-and-order mobs are stopped a repetition of the Russian revolution will be enacted here with Its deadly results' to the ruling classes. Remember, we never forget" From Philadelphia came a tele gram-sighed by Denaco Pazos, secre tary of the Marine Transport Workers and E. F. Dorre, secretary of the Textile Workers, to this effect "Our members denounce most vig orously the brutal murder of Frank Little and demand that every means be used to apprehend and punish his murderers. Our members further de mand that absolute protection be given other men active in the strike, that no further lynchlngs that place. In the event another is lynched, de ported or in any other, manner out raged we shall be forced to declare favorable a strike vote among all I. W. W. workers in the east" ALLEGED SPY FOR GERMANY IS HELD Great Falls, Mont, Aug. 8.—A man giving his name as Horace Cutler is being held by military authorities be cause he tallied identically with a de scription sent to the offlcers of a Ger man spy supposed to be working in this section. The man has been making dally visits to the camp of the local Na tional Guard company and officers who have watched him, claim his ac tions are not exactly what they should be. Cutler claims he Is In no way crim inally Inclined and stated that he came to the camp to see how the boys were getting along. He said he was at one time a member of the National Guard in Illinois and this is the rea son given for his Interest In the work of the men here. A search of the room occupied by Cutler failed to yield any papers or other Information wanted but he will be held until a thorough investigation can be made. RAILROADS FIGHT FREIGHT RATES BY MONTANA BOARD Great Falls, Mont, Aug. 8.—Action seeking to procure from the courts an injunction to prevent the Montana Railway commission from enforcing its order fixing freight rates on coal from Bear Creek, Red Lodge and Roundup to points in northern and eastern Montana was begyn In the district court here today by the Great Northern, Chicago, Milwaukee and St Paul and Northern Pacific railways. Attorney General Ford is made party defendant with the rail way commission. MORE PLANES SAID TO HAVE BEEN SEEN BY MONTANA RESIDENT Missoula, Mont, Aug. 8.—Western Montana seems to' be having more than its share of airplane mysteries. Several times people have reported the presence of planes but so far none have ever been located. The most A*- reoent of all th«M stories cam* from the Bitter Root valley near Chariots A Dutch woman, who recently came from Holland, where thousands of planes fly each day, reported that a large machine, Speeding up the valley, was wrecked by an explosion of the engine and plunged Into the marsh along the river. Her story was cor roborated by a neighbor but no trace of,the machine could be found by the sheriff's force. MONTANA LUMBER INDUSTRY TIED UP BY I. W. W. AGITATORS Helena, Mont, Aug. 8.—Governor Sam V. Stewart received a delegation of citizens of Missoula and other points in western Montana who told him that practically eivery lumber mill in that section is tied up by labor troubles, which the delegation lays to the I. W. W., and asking him what could be done to protect Industry against agitators. The delegates declared lumbermen would return to work were it not for threats by agitators. Missoula, they declared, is overrun by the I. W. W. The governor's decision was not di vulged, nor were the names of the delegation given to the press. BANDIT GE7TS LIFE SENTENCE. Anaconda, Mont., Aug. 8.—H. A. Taylor, a holdup bandit, has been confined to the Deer Lodge peniten tiary for the rest of his natural life on the charge of participating in the holdup and shooting of Kuzma Pa dovich near Three Mile a short time ago. ONE MILLION POUNDS WOOL ARE BOUGHT FOR RED CROSS WORK Washington, Aug. 8.—One mil lion pounds of knitting wool, to be knitted by American women Into garments to protect Ameri can soldiers and sailors from cold this winter have been purchased by the Red Cross. It is to be distributed to Red Cross ware houses and sold to chapters throughout the United States, the proceeds to be turned back into the treasury of the Red Cross and made available for other work. When worked into finished shape, the material will repre sent over $2,000,000 yarn value and $5,700,000 value In the time and effort of American women. The United States army has Just awarded contracts for 2,105,000 pairs of shoes at $4.73 a pair, 12c lower than In May. DOOHITOOy BUJLOWG tueonlyCOLLEO rS-' ''i.ii"* -r.. -J •?v Member oj the North Central Association of Coiltges end accredited to the Graduate Schools qf the Leading Universities FACULTY. Carefully selected, able and experienced. COURSES. Collegiate, leads to A. B. Degree. Home Economic^ leads to B. S. Degree. Art* BUILDINGS Luge, sanitary, llre-prooX. Single, attractive rooms. SITUATION* 100-acre park, overlooking tbeMlssisstppL For COLLEGE BULLSTTN, address OJRee of the Dean 2038 Randolph St,, St, Paul* Mimt, For HIGH SCHOOL PROSPECTUS, address Principal, Derham 2038 times MAN a couple of days' hunting or an afternoon at the traps, he is looking for action. He wants to be sure about his gun—^and that is one great reason why everybody speaks so highly of the, Remington UMC Pump Gun and Autoloading Shotgun. And in shells, you will get Remington UMC results only from Remington UMC Smokeless "Arrow" and "Nitro Club," theffee/ lined "speed shells"—and in black powder, &e old established "New Cjlub." Sold by Spatting Goods Dealers in Yoar THE REMINGTON CUm ahd od your pm nOSh REM OIL, Ae aMifcaefian- Porin Sobt*£ Labriamt andRxa iVtwtuftVe AGE THBEB R. R. TELEGRAPHERS' S GRIEVANCES GO TO ARBITRATION BOARD Chicago, Aug. 8.—G. W. W. Hang er of the federal board of the media tlon, having composed differences be tween the Rock. Island road, and. 2, 800 of its telegraphers, left today for San Francisco to take up question* at issue between the Southern Pacific and its train and enginemen. As a result of the Rock Island mediation it was agreed to arbitrate within a month requests for the eight., hour day,. Sunday and vacation pay. and an Increase of wages. The eight hour day is said-to be comparatively new among demands from railroad telegraphers. Similar demands have been made by telegraphers of the Illinois Cen tral, the Burlington and the St. Paul roads and are expected by many other roads. The agreement to arbitrate of the Rock Island road, therefore was accepted as a valuable precedent. Reed The Herald Want Ads. Diabetes Treated Successfully Medical science admits of no definite cure for Diabetes despite the many years of experimenting and research by foremost physicians the world over. 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