davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09
Lemons SUCCESSFULLY
: GROWN IN BISMARCK
}. W. MCLAUGHLIN PICKS TWO
FINE SPECIMENS OF FRUIT.
Eight Year Old Tree Has Been Bear.
ina Fruit for the Past Eve Years.

With hundreds of North Dakotans
flocking to sunny southern California
to spend the winter those of us who
are obliged to remain at home need
not feel that we are remaining in a
land Of SHOWS and billiards. Far
from it. Even in Bismarck lemons
can be as successfully grown as in
those countries that bask in the
warmth Of the Tropic Of Cancer.
J. w. Mclaughlin, who resides on
north Second street has lemon tree
which has been growing for the past
eight years. He has harvested a lie.
mon crop from it for the past five
years. This year he picked two
splendid specimens Of the fruit, one
lemon weighing Is IL ounces and
the other IA IL ounces. In addition
the tree has an abundance of BIOS
SONS and young fruit.
While the plant is called a tree,
it is only about foot or two high,
and looks like a geranium. But it
is able to deliver the goods-even in
North Dakota.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09
Hundreds ATTENDED
SCHOOL EXHIBIT
DISPLAY OF THE
ACHIEVEMENTS OF PUPILS OF
CITY SCHOOLS.
PROGRESS Made by Scholars During
Past Year Was Revelation to "a
rents and Patrons.

Friday. March 8, dawned auspicious'
" for the second annual patrons DAY
and school exhibit in the public
schools of Bismarck, and hundreds OF
the parents and patrons were In a.
tendance to examine into and note
the progress in school work made py
the pupils in the various rooms ana
departments.
From 2 o'clock until 5 there was
constant stream of visitors at the
viii and high schools and when the
hour set for closing the exhibit ar
rived many were still coming IN. II
was we'll on toward 6 o'clock before
the last of the visitors departed.
The exhibits were Hastily arranged
around the sides of the various rooms
and the name of each pupil was at
tached to his or her particular work.
The books, booklets, sketches, letters,
manuscripts and many other interest
ing specimens of the handiwork Of the
children were exhibited and were the
centers of interested groups Of spec
tators who were considerably sur
prised at the neatness and execution
of the work in hand.
The interest manifested by the
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09
$1,000 DAMAGES we're
awarded TO hEATON
CASE WAS SENT BACK FROM
COURT OF APPEALS FOR
NEW TRIAL.
Case Now Before the Court is That
Of Anna Turter Versus the North.
ern Pacific In Damage Suit.

After a two days. trial in which
nearly score of witnesses were ex-
amined, the jury in the United States
district court gave verdict of $4,000
damages in the case of L. E. Heaton
guardian ad Htem for J. E. Heaton,
against the Northern Pacific railway
company. The jury took the case at
twelve o'clock noon, and hung five
hours upon the amount. At no time
was there any doubt as to the way
the verdict would go.
This case was tried in the federal
court in 1910 and the complainant
given a verdict of 1927. The rail.
way company appealed to the United
States court of Appeals and the case
was heard in St. Paul before Judges
Hook, Smith and Reed who reversed
the decision on A technically and
sent It back to the trial court.
AT 8 o'clock Saturday afternoon tes'
timony was still being received in the
case of Turter versus the Northern
Pacific, and from the number Of wit
nesses examined it will: take until
Wednesday or Thursday to complete
the case.
Home Grown Lettuce at Gussner's.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09

fession or final VOWS as a nun. She
was sent to Catholic school in Sell,
S. Dak., where she taught for one
year, after which she taught for two
years in Milbanf: She was then as.
signed to the Indian Industrial
Boarding school at Standing Rock
Agency, Fort Yates, N. Oak, where
she arrived for duty in September,
1890. She spent over 81 years in the
Indian service, the last Is of which
she was the Sister Superior and
Girls Matron.
She held a position of great re-
sponsibility, and discharged her dut-
les in the most conscientious and
thorough manner. Possessed of an
energetic and indefatigable spirit
she remained at her post through
long years of unremitting toll, and
steadily increasing i'll health. Her
death marks the passing Of a pioneer
in the missionary. work among the
Indians. A pioneer who did not
come with the intention of ultimately
gaining wealth and home of ease;
but with the sole purpose OF devot-
ing her life to the advancement and
betterment of others. She was a
martyr to the cause, and a glowing
example of the true self1sacrificing
Christian. To those who knew her,
and loved her for her work, the mem.
DRY Of her will forever be a model
of Christian nobleness and forti'
tude.
The body was brought to Fort
Yates on Saturday, aid placed in the
school, where it laid iii state until
Sunday morning, when it was re-
moved to the church where Requiem
High Mass was held at 10 a. M,
after which it was returned again to
the school where it laid in state,
awaiting the arrival of relatives un'
til Tuesday. It was then shipped via
Mclaughlin to Yankton for inter-
ment in the Sacred Heart Convent
cemetery.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09

: ******* *****
:: WHO-Goveror Walter R. =
I: Stubs of Kansas. ::
: WHERE-Bfjou Theater. ::
: WHEN - Monday evening, :.
:. March II, 8 o'clock. ::
: WHAT-Address upon politi- :.
!: cal issues of the campaign. +
= WHY-In the, interests of :.
= Roosevelt's candidacy for the i
:: presidential nomination. =
= = + = + : = + : = + = + = + =
The capital of North Dakota will
have the honor Of acting as host on
Monday, March II, to the chief exec
utive Of one of the other great agri-
cultural commonwealth of the sis.
terhood of states, Governor Walter
r. Stubs of Kansas. Governor
Stubs will deliver an address at the
Bijou Theater Monday evening at 8
o'clock, and will tell why he is sup.
porting the candidacy of Theodore
Roosevelt for the presidential nomi-
nation. Every citizen, young and old
big and little, republican, democrat,
socialist or 2rohibitionist, should
take advantage of this opportunity
to hear what this noted orator has
to say in regard to the issues of the
day.
Governor Stubs occupies a. unique
position in politics. During his adj,
ministration in Kansas several i'm.
portant questions of state arose which
'c"uld be settled only by foHeful
leader and able executive. Governor
Stubs proved that he was equal to
the emergency, and came from the
conflict with flying colors.
Governor Stubs is a forceful
speaker. He possesses pleasing
personality and strikes right out
from the shoulder.
Governor. Stubs is but one of the
executives who will speak in North
Dakota prior to the presidential pri.
maries, which will be held Tuesday,
March 10. Many Of the best known
speakers of the nation will visit this
state during the ensuing week. Gov
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09

Home Grown Lettuce at Gussner's.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09
Obituary
SISTER N. sERAPhINE, o. s. q.

SISTER NJ. SERAPHJNE, o. s. 3.
On Friday, March End at 1885 p.
m. occurred the death Of Sister NJ.
Seraphine, o. s. B., at St. Alexius
hospital in Bismarck. Deceased was
born in Bretehberg, Austria on June
Is, 1869. She was at the time of her
death over A. yeers old. At an early
age her parents moved to this coun-
try, and at the age of is she entered
a convent in Maryville, Mo-, as a
novice, and at Is she made her pro-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09

parents in the work and in the ex:
hibit Of the schools was remarkable.
The pupils Of the schools have made
splendid progress during the year and
the display of their work was a rev.
e!ation to those who were unaware
how much has been accomplished.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09

thence to Grand Forks, where he
will speak Wednesday, and Thursday
he will wind up his tour in Fargo.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09
GOVERNOR Stubs OF
KANSAS Will SPEAK
IN BISMARCK MONDAY

FIRST SPEECH DAKOTA IN
EsTS OF RooSEVELT'S CANDIDACY WILL BE DELIVERED At
sJoU MONDAY EVENING. EXPECTED LARGE CROWDS
WILL BE IN ATTENDANCE.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-09
RETURNED 70 BISMARCK.

Rev. R. w. Teichmann has re-
turned from Odessa, N. D., where he
assisted Rev. w. C. Menges and Rev.
w L. Martin in conducting revival
meetings The meetings were very
successful.
Arizona republican., 1912-07-16

lot, so that one will hold ofAe for d term of six years, one for term of four years, and one for term of two years. from and after the first Mon day in January next succeeding said election The lot shall be drawn by the judges elect, who shall assemble for that purpose at the State Capitol, and shall cause the results to be cer- tified to the Secretary of State, who shall file the same in his office.
 The judge having the shortest time to serve, and not holding his office by appointment or election to fill a vacancy. shall be the chief justice. and shall preside at all sessions of the Supreme Court In case of ab- sence of the chief justice the judge having in like manner the shortest time to serve shall preside.
 After the first state electOn one judge shall be elected every two years at the general election. and the | term of the judge elected shall be six years from and after the first Monday in January next succeeding l his election and judges so elected shall hold office until their success sors are elected and qualify"
 It will readily be seen that no elec- | tion for judges of the Supreme Court | is contemplated or permitted before the general election provided for by | the Constitution. For at the first general election held under the Con
 stitution. at which a Governor is voted for. one of the judges is elected for six years. one for four years, and | rn hn lot n oT | by lot The one receiving the short
 est term to be chief justice. At any election held before this there is nc
 provision for a chief justice. indeed | if such election could be held, there would be no chief justice to preside | After the first state election one judge of the Supreme Court is elected biennially or every two years. Sc | it must be conceded that at the first | general state election after the cleo | ton under the provisions of the En- abling Act. one of the judges of the l Supreme Court must be elected fol
 six years. one for four years, and one
 for two years. And it is but a shor'
 arithmetical problem to demonstrate | that an officer cannot be elected ir | 1912 for a term of six years, and his
 successor be elected in 1914 for {
 term of six years. But it was inti-
 mated on argument. though without | insstence or persuasion, that th'
 election provided for by the Act o
 the legislature is not an election helt 1 under the Constitution. Such al
 argument if indulged in would b'
 reductio ad absurdum
 Is it possible that the depart
 ments of the state government ar | rot at present subordinate to thu provisions of the constitution? l:
 it to be thought of that the legis
 lature in the discharge of their du | ties did not have the constitution
 as golden mete wand to guid
 and limit their efforts? Would l l be contended that the highest trib
 unal of the state. when it sits il deliberation to pass solemn judg
 ment upon the lives and propert. rights of the people of this grea state. is not to be controlled an circum scribed in it's proceedings b,
 the instrument that gave it birth
 The language ito be held under thi
 constitution" plainly as words ca1
 express the idea is to he held afte
Arizona republican., 1912-07-16

the constitution takes effect It would. indeed. be matter Of con- cern to the people of this great state if their judicial servants were so bold to announce that the constitution. which he people labored for and brought into life after much time and effort. is not at present the polar star of our government. but lies in desuetude until resurrected by a general election to be held in 1914.
 At the first general election there after, held under this constitution, etc, is the language of the consti- tuition and it is clear that Sec. II of Article VII provides such cleo , tiOn
 The matter is again emphasized by l Sec. of Article VI. of the con- stitution. The first judges of the
 superior court shall be elected at f the general election to be held un- 1 der the provisions of the enabling act approved June 20, 1910. Their term of office shall be co-termin- 1 ous with that of the governor of the state elected at the same time | Thereafter the term of office of all 1 judges of the superior court shall be ! four years. from and ater the first Monday in January next succeeding , their election and until their suc- | cessorS are elected and qualify. 1 All judges of the superior court shall be elecetd at the general state election by the qualified electors in their respective counties"
 1 Again. the first judges of the su- perior courts are elected under the
 provisions of the enabling act. again 1 their term of office is co-terminous
 with that of the governor But il l will be observed that it does not ir words provide that the terms of the | judges of the superior court extend
 to any particular date or when theil
 successors are elected and qualify
 After referring to the election under
 the enabling act. the section reads
 Thereafter the term of office oi iall judges of the superior court shal be four years, from and after the first Monday in January next sue !ceeding their election and until theil successors are elected and qualify 1 This section is unequivocal term: ] fixes the term of office of the judge; of the superior courts to be foul wears. except the term of office fixed by virtue of the first election, to-Wit the election under the enabling act
 and then, again, emphasizes the mat ter by saying All judges of the SUI perior court shall be elected at thu general state election by the quail fled electors of their respectiv' counties
 In this section, unlike the section ,With reference to the election o judges of the supreme court, wher the first general state election i
 named. the word first" is not in serted before general eection. Plain fly the election attempted to be pro vided for by the act of the legis lature is general state election, ye
 it will readily be seen that if tn
 term of office of judges of the su
 perior court resulting from the frs
 election under the enabling act is t
 be co-terminous with that of tn
 governor elected at the same time
 and such judges cannot be electe } in 1912, their term of office canno he CO., terminous with that of tn . governor, On the other hand.
Arizona republican., 1912-07-16

would be as absurd to contend that the judges of the superior court are to be elected in 1912 for term of for a term of four years. It cannot be seriously questioned that the state, county and precinct officers must stand for election in 1914
 Sec. l of Article XV of the con- stitutiOn provides:
 "A corporation commission is here by created to be composed of three persons, who shall be elected at the general election to be held under the provisions of the enabling act approved June 20, 1910, and whose term of office shall be o-terminous with that of the governor of the state elected at the same time. and who shall maintain their chief Of flee, and reside at the state capital. At the first general state election held under this constitution al which a governor is voted for three com mssioners shall be elected who shall. from and after the first Monday in January next succeeding said cleo tion, hold office as follows:
 The one receiving the highest number of votes shall serve six years, and the one receiving the second highest number of votes shall serve four years. and the one re- ceiving the third highest number of votes shall serve two years. And one commissioner shall be elected every two years thereafter"
 They were elected at the general election held under the enabling act. their term of office being co-term- inous with that of the governor elected at the same time. Then the corporation commissioners are to be elected when? The constitution says. at the first general state election held under the constitution at which a governor is to be voted for. and their term of office is fixed at six. four and two years. respectively. The phraseology with reference to the election of judges of the supreme court is. At the first general State election thereafter, held under this constitution. referring to the cleo | tion under the enabling act. Con cerning corporation commissioners,
 At the first general state election held under this constitution" The NOiO tuSISclACI lS OiiilNlCO, Oub IL | necessarily means the same thing
 for the first general state election held under the constitution must nee
 essarily be thereafter" or, in other words, after the election under the provisions of the enabling act.
 Sec. 3. Article XII Subject to i change by law, there are hereby ere
 ated in and for each organized coun- ty of the state the following off
 cers who shall be elected by the qualified electors thereof: Sheriff, recorder, treasurer. school superin- tendent, county attorney. assessor.
 county superintendent of roads. and of surveyor, each of whom shall be elected for a term of two years, eX- cept that such officers elected at the first election for state and cOun- ty officers shall serve until the first
 Monday in January, 1913; and three supervisors, whose term of office shall be provided by law. except lthat at the first election of county lofficers tfe candidates for super lvisor receiving the highest mum Der
 Continued on Page ?.
Arizona republican., 1912-07-16
NO ELECTION IN ARIZONA
Continued from Page One.)

islature could be questioned for con- fiict with the constitution. because it could be said in any such case. as appropriately as in this. that the enactment of the law itself was an exercise of political power. and the court could not, therefore examine it to determine whether it is in con formity with the constitution. Such contention confounds all distinction between the law itself and mere min isterial acts done or required to be done under it"
 This case was followed and ap- proved in State v. Cunningham, S3 Wis. 90. 8 Am. St. Reports 27.
 The duty thus devolved cannot be avoided. however unpleasant it may be. In the language of Chief Justice Marshall. those who fill the judicial department have no discretion in SC lecting the subjects to be brought be fore them" Worcester V. Georgia, ( Peters 541 And again the great Chief Justice spoke in Oswald V Bank of U. S., Wheat. S66 Judi cial power, as contra distinguished from the power of the laws. has nc eRiSAeiiCt- CbuilS are mere HlStTu- ments of the law and can will noth- ing. When they are said to exercise a discretion it is a mere legal dis cretion. a discretion to be exercised in discerning the course prescribed by law; ard when that is discerned it is the duty of the court to follow it. Judicial power is never exer- cised for the purpose of giving effect to the will of the judge: always fol the purpose of giving effect to the will of the legislature; or in other words, to the will of the law"
 The will of the low in the present case is the will of the people writer into the fundamental law. Chiet Justice Tawney. in his last judicia utterance said:
 Any legislation by Congress be yond the limits of the power dele gated would be trespassing upon tho rights of the states or the people, anC would not be the supreme law of tho land. but null and void, and it would he the duty of the courts to declar, it so. For whether an act of Con gress is within the limits of it's dele gated power or not is a judicial ques ton to he decided by the courts"
 Gordon V. U. S., 1t7 U. s. 705
 The three coordinate department of the government-the legislative executive and judicial-must eacl move within it's sphare. each must re main separate and distinct. it is s' provided by our organic law Eacl must act within the scope of tn power given it by the sovereign wil of the people, expressed in their con stitution. thus will difficulties b. evaded and perpleXities avoided
 In passing upon the question w disclaim any purpose or right to in terfere with the discretionary power of the legislature. or of any state of ficer In giving judgment in thi cause the court is merely acting d a mediator between the asserted pow CT of the people in the constitutio they have adopted. and an asserte power of the legislature as delegate representatives of the people. Thi is it's constitutional function
 Mir. Justice Orton. speaking for tn whole court, in the case of State e rel. Atty. Gen. V. Cunningham, S1 Wi ASA. said:
 But it is sufficient that the ques tiOns are judicial and not Iegislativ Tine legislature that passed the a,
Arizona republican., 1912-07-16

A 16-button length summer glove. full of merit-an extra good washable suede lisle finish. in white and chamois.
Arizona republican., 1912-07-16

Continued on Page D.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-14
FOGLER WINS CYCLE TITLE
captures Honor in Twenty FIVE
mile Race at Newark.

Joseph Fogler, Brooklyn's strong boy
cgcilst' Is the new middle distance cham
pion Of the United States He captured
'nIs honor yesterday afternoon in the
closing meet Of the season at the Newark
Neiodrome, when he won the twenty-five
niue professional open race after a hard
battle.
fogier from rear position early in the
race worked TO the front gradually, and
was leading at twenty miles. Then began
a series Of shifts and spurts, but the
brooklyn boy always kept near the lead
ers. helpful pull from Pete Drobach
put him in the lead again for the final
lap. John Bedell finished second and
Menus Bedell third. Paddy Hehir was
fourth.
The field of thirty-nine starters was
robbed Of much interest by the dropping
out Of Jackie Clarke, whose chain came
of shortly after the start, and Frank
Kramer and Alfred Gunda. who punct-
ured at eleven and fourteen miles re-
spectively.
The time of the full twenty-five miles
was s. minutes 81 seconds, which is far
below that of "a minutes ~ seconds made
by Frank l.. Kramer at New Haven tw o
years ago.
Fogler earlier in the afternoon met de-
feat at the hands OF Andre Perchicot. the
champion Of France, in two straight heats
of match race, the heats Of which were
at three-quarters Of a mile.
Donald MacDougall the worlds cham
pion amateur, showed his class, taking
both the amateur one-mile handicap and
the three-m.le open.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-14
LEAGUE ELECTS OFFICERS.

AT the annual meeting OF the Sunday
School Athletic League on Saturday at
the Central Young Mems Christian Asso-
citation the following officers were elected;
George u. Pratt. president; NJ ]. Foss'
yice-president; f. c. Moffat recording
secretary; II. II. Scott, corresponding Sec
rotary. and J. G. Cochran, treasurer.
The following were elected to serve on
the board OF governors:
william II. calder, Frederick e. Crane
Eugene NJ. Travis. Major Elliot Bigelo"'
ir., Herman A. Metz, William J. Honan'
DR. George j. Fisher, e. V. Painter
Frank L. Brown, Herbert Il. Brush VIII
lard S. Salmon, L. II. De Baum. George
d. Pratt NJ. /. Foss f. G. Monat' j. H.
Scott. ]. @. Cochran, J. A. Brown, f. H.
Halstead, w. l.. Thompson, G. Achen-
bach, ]. Altman. Charles Schancenbach'
w. @. Hunter. A. II. Dodd, Charles COR
ham and Herbert Harms.
The annual Election Day cross country
run OF the Sunday School Athletic League
will be held on Tuesday morning, Novem-
Der 5.