davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
BAN ON OIL
FEE UPHELD
BY COURT
CHIEF JUSTICE SPALDlNG HOLDS
THAT INJUNCTION LIES WHILE
VALIDITY OF INFECTION LAW
Is BEING Determined.
BURKE ISSUES WARMING
Holds That Tribunal Must Set Aside
" Law as Unconstitutional When 1t
.
X Comes Before Them.

4 Unless the legislature amends the
Oil inspection law limiting the fees to
the cost of inspection, the supreme
court will be compelled to set aside
the law.
This admonition is attached by JUS
tice Burke to al opinion by Chief JUS
tice Burleigh "F. Spalding, confirming
the decision Of the lower court, which
refused TO dissolve a temporary in
junction restraining the state from
collecting the inspection fees until
the validity of the act had been de-
cided.
MiIler's Motives
Former Attorney General Miller s
lnCtive in appealing from the Grand
Forks county district court was tC
preserve the status quo of the law in
order to give the legislature time to
take the necessary remedial steps to
amend the act and save the ilspec
ton law.
Justice Burke's opinion gives the
nub of the whole affair in the follow
ing concurring opinion:
while | concur in nue.; that is
said in the foregoing opinion, it may
be Of some aid to review the case in
a much shorter manner than is posi-
BILE in writing an official opinion. As
| understand it, there is no doubt thai
the state may under it's police power
exact an oil inspection law for the
protection of it's citizens, and the only
objection to Chapter 214, c. u. 1915
is the unreasonableness of the fees
demanded for such inspection. While
the state does not expressly concedt
the figures stated in the complaint o
the oil company. the records Of thi'
state, of which this court has a righ
to take judicial cognizance, show tina
the fees eXacted for the inspectio.
are almost ten times as. large as tn
costs of inspection. "@ - r.
A Revenue Law.
It is thus apparent that the salt
| chapter is not only an inspection law
but, under the circumstances, alsf
revenue law. 1t is too clear TO
argument, that the state has NO all
thority to levy taxes in this manner
Those oils presumably are alread!
taxed and it is discriminate.
against them to be required in thi!
manner to further contribute to the
support of the state.
Held by Federal Court.
This has been repeatedly held BY
the supreme court of the United
States, as pointed out in the major
ity's opinion. and will compel this
court to set aside the law, unles:
amended, when it comes before Us
upon direct attack. If the Legislature
desires to continue the oil inspection
it is, therefore, its duty to immedi
ately amend the law by reducing the
inspection charge"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
b|Iz|NG Named
new ASSISTANT
Attorney General Linde Appoints
Former States Attorney to His
Office.

Attorney H. R. Eitzing of 'Mandan,
whose second term as states attorney
for Morton county expired on Monday
of this week, yesterday was appoint
ed assistant attorney general by At
tor1ey General Linde. The announce
ment was greeted with pleasant sur
prise by Attorney Bitzi1g's friends
and associates, and the attorney gen.
erals appointment met with hearty
endorsement. Attorney Bitzing will
retain his present offices in the Mer-
chants National Bank building OF
Mandan.
Is Wei! Qualified.
The new assistant attorney general
is one of the best known and popular
members of the North Dakota bar
and is possessed OF qualities that as
sure excellent service to Attorney
General Lilde. He is recognized as a
practitioner of ability and one whose
sense cf duty is ever foremost. In
private practice and in the service OF
the state he has never failed in his
energetic attention to all matters SUB
mitted to him and his record of foul
years as states attorney for Morton
county stamped him qualified for the
greater opportunities and honors thai
await him in the future.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08

LAWS may
BE REFUSED
CONCURRENT RESOLUTION TO
AND INDExlNG OF 1918 CODE.
INTRODUCED BY MCCLELLAN
Many Laws are Said Not to Have
Been Included in the Books.

The compiled laws of North Dakota
as published by the Lawyers Coop
erative Publishing company of Roch-
ester N. Y, may not be accepted by
the state of North Dakota. - ..
Mr.. Mcclellan yesterday afternoon
introduced the following concurrent
resolution in the house with regard to
the publication of the CODE
BE 1t Resolved by the House OF
Representatives of the State of North
Dakota, the senate concurring:
THAT, Whereas, Acting upon au-
thority conferred by Chapter 1877 of
the session laws of 1913, the secre-
tary of state entered into a contract
in behalf of the State of North Da-
kota with the Lawyers Cooperative
Publishing company of Rochester, N.
Y, for the publication of compiled
edition of the laws of North Dakota,
and
Whereas, the compilation and pub.
lication has been completed and are
now being distributed by the said
publishing company, and
Whereas, Complaint has been
made by many persons to the effect
that many of the laws have not been
included and fault has been found
with the manner in which the COM
pilation has been made,
"Now, Therefore, Be 1t Resolved.
That the judicial committees of the
house and senate be appointed as a
special committee to inspect the said
compilation and to make an investiga-
ton as to the completeness of the
work and as to the proper cOmpila-
tion, indexing, ETC., as will tend to ap-
prove or disapprove the cOmpila tiOn
! Of the laws as an authoritative code
of North Dakota laws and that this
work be done Immediately and that
bills introduced prior to such report
with reference to the repeal or
amendment of the present laws cited
and referred to under authority OF
the section and chapter of the 1905
code until such report has been
! made.
Mr.. Williams moved as an amend
ment that the matter be referred to
the committee on judiciary when ap-
pointed and the resolution as amend
GU NCo oNoplSu W IAC AoooS'
Resolution Of Coincidence.
The house opened at 300 p. m. yes
terday afternoon and Rev. Strutz, the
| chaplain, offered the Invocation.
Mr. Schatz introduced the following
resolution and moved it's adoption:
Whereas, The house has heard with
profound sorrow Of the death of Peter
Schroeder, member of the Thir-
teenth legislative assembly, repre-
senting the Thirty-ffth senatorial dis
| trict,
"Therefore, BE 1t Resolved, That
committee of three be appointed 10
draft appropriate resolutions to be-
come a part of the record of the
house and to be sent to the bereaved
family"
Which motion prevailed and the
! resolution was adopted.
The speaker named on this commit
| tee, Representatives SchatZ, Frietag
and Divet.
No Session Today.
TreadWell TWichell moved that
(COntinued on Page AZ
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
BOARD Control
FILES Budget
Asks for $769, 9,870.84 for Penal and
Charitable Institutions.

Penal and charitable institutions OF
North Dakota are asking the state
legislature for appropriations aSgre-
eating $769,87O.S4, under the budget
filed with State Auditor Jorgenson by
the state board of control.
Nearly half cf this sum is asked TOR
the asylum for the insane. New build
ines wanted there are estimated to
cost $295 600. Sums asked for the in
stitution are:
Asylum for the Insane,
jamestown ........ p5oo, -oU'VO
Reform School, Maldan.. 3o,SGO.Uo
State Prison, Bismarck. 174,Il0.Oo
Institute for Feeble Minded.
GfdllOu ..........'. 'o'f'o''o
School for Deaf Devils
Lake 1s,5OO00
tuberculosis Sanatorium,
The total proposed for these insti-
tutions by the board of control falls
about $GO0,0CO short of the estimates
Of needs filed by the heads OF such
institutions, the total request by them,
in their biennial reports to the board,
DCllS lUl ONeI Pl,ooo,'op. = hC oo'.i '"
of control pared the figured down by
nearly % per cent before presenting
the budget for the consideration of
the legislature.
The estimate of incomes for the "a
rious institutions, also filed by the
board, is:
Tuberculosis SanatOrium. ..... $50 800
School for The Deaf. .......... $4,000
School for the Blind. ........ %, 500
Institute for Feeble Minded. sc, 40
Asylum for the Insane .... 399, SEQ
Reform School. ol............ Al $50
For the tuberculosis sanatorium the
board wants an inhrnary building, at
cost of $29,000 superiltendent's
cottage at $4,000. and dairy barn and
silo at $4,000 more.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
TAX MEETING
DRAWS CROWD
Over Hundred Citizens Attend Meet
ing at Commercial Club Hall.

''Resolved, That it is the sense
of this meeting that further street
grading should be postponed un-
til such time as new grades can
be prepared to follow the natural
lay of the land as closely as pos
sible. "
"That a committee be appoint
ed to make thorough investiga-
ton OF the street grading, sewer
and sidewalk work already done;
to see if petitions have been prop
erly prepared and signed in con-
formity with the law; that all ad-
vertising has been properly done
and notices served on property
owners; and, in fact, that all
work has been Gone as it should
have been. h a.
"That II the o. Esnltnittee deems
it necessary an engineer be en-
ployed to investigate the work
done and the work be remeasur-
ed. E
THAT the present street graz
ing law be Investigated and il
found to be wrong that steps be
taken to have it amended.
"That the committee to be ap-
pointed under this resolution con-
sist of five members, two OF
whom shall be attorneys.
"That these resolutions be pub
lished in the Bismarck Tribune
and presented to the Board OF
City Commissioners"
The above resolutions were adop
ID at the meeting of the taxpayer
# the city held at the Commerce.
ylub hall last night. fully hundre
Interested tax payers Of the citv' a
ended the meeting and discussed tn
ate of taxation and the special a
easements levied by the city commi
ion in the last few years.
F.. 10. Young called the meeting {
rider shortly after 8 o'clock and A
orney F. f. McCurdy was Homin ate
chairman. Mr.. Young. in opening tn
Meeting, stated that the object of tn
Meeting was tc get together as cit
ems and tax payers and go into tn
natter of the special assessments an
.ity taxes and exchange ideas o
hese subjects. "The meeting has n
Olitical significance whatever and n
1C0ntinUpd IN Page ~
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
IMMIGRATION BILL
IS BO7LY DEBATED
House Registers Disagreement to
Certain Senate Amend
ments,

Washington, D. C .,Jan. 1.-THE i'm
migration bill prescribing to test the
literacy Of aliens coming here was
sent to the senate after conference
of committee of the house. There
was a heated debate over the amend
ments written into the measure by
the senate. Before the bill was sent
there was registered a disagreeme ent
on the senate amendments excluding
members of the African race" and
exempting from literacy test by con-
tract of immigration provisions of the
law, Belgian agricultural immigrants
coming to this country because of con-
ditions caused by the war. Negro ex-
clusion was defeated by vote Of 252
to Is. The house concurred one
amendment, that of excluding all of
constitutional psychophatic inferior
ity, or persons with chronic alcohol
ISM"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
TURKS ARE
FORCED TO
WITHDRAW
COMPLETE CHANGE IN EASTERN
THEATRE OF WAR REPORTED
FROM LONDON.
TROOPS ON FRIENDLY Terms
German Authorities Issue Order Pro-
hibiting Fraternizing on Field.

London, Jan. IA complete
change in the situation near the east
is expected by Russian victory over
the Turks in the Caucasus. If the
defeat is as sweeping as officially re-
ported, it was virtual destruction
of two Turkish corps, while third
was repulsed.
The Turkish menace against the
Russians in the Trans-Caucasla is
now removed. The loss of so many
officers and men is expected to CON-
pei the Turks to abandon the invasion
of other territory and to force con-
centration for the defense of their
own country. Even greater inter
est is being taken in the Russian
invasion IF Hungary through the o.
zak pass in the Carpathians, for a
rapid advance on Transyvlia through
BukoWina, and simultaneously a
movement on Cracow. The combin-
ed operations are the most gigantic
taken in the war.
In the meantime the Russians are
Wetern Galicia. Won Hindenburg's
RAPID progress mas Deen lmpeOed DV
mud in his operations against War
saw. -.."
A Petrograd despatch says avia-
tors observed German artillery STALL
ed at railway stations on account of
soft roads. The Russian possession
of a bank of the Vistula prevented
the Germans from using the river to
transport. their guns, as was believed
intended. Although the fighting is
fierce, there is little change in Elan
ders, where the fields and roads are
under several feet of water Between
Lille and Arras,. in northern Frauce,
there is hard fighting and trenches
in:erchanged hands several times. A
heavy combat is also going on in Al.
SAGE where the French claim al al-
vance toward Altkirch, and apparent.
ly%no further from Steinbach.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
GREAT BRITAIN MAKES
Il PRELIMINARY REPLY
Cabinet Discusses Answer to Note
Concerning Interruption
of Shipping.

London, Jan. 7.-England's preiim
mary reply to the American note con
cerning interruption of American
shipping by British warships was dis
cussed by the cabinet today and will
be forwarded perhaps tomorrow to
the United States. This will be sup
plemented by a more detailed note
framed upon the receipt of further in
quiries. No response by America is
expected on the preliminary reply. A
general statement Of unusual condi
tons faced by the allies and many
new problems thrust upon England
with the necessity of consulting the
Allies vitality interested in the con
traband subject, makes an immediate
detailed reply impossible.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
CELEBRATE CHRISTMAS.

A despatch from Petrograd says Rus.
sia is celebrating Christmas. The
shadow of war fails to darken the
spirit, which is more intense here
than elsewhere in the world. This
officially lasts three days, and is Oft
en- prolonged beyond New Years,
while business is suspended.
But Christmas customs have been
interfered with by war. Feasts and
drinking suffer rigid enforcement
through prohibition laws and difficulty
is experienced in importing fruits.
The Russian military successes give
an unuual impulse to the spiritual
side of life
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
MANY DIPLOMATS
MAY GET Together
IN WASHINGTON, D. c,

Washington, Jan. 7.-Secretary B'ry-
an and eight diplomats, who coasti-
tute special commission in the Pan
American union for the consideration
of proposals for the assertion more
clearly of the rights of neutrals in
time of war listened to extended argu-
ment by DR.. S. A. Dominica the Vene-
zuelan minister, urging that con-
gress of neutral diplomats be held in
Washington. No action was taken
beyond referring the matter to sub
committee for further study. The
plan was favorably received
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
WILL PAY
FOR AMERICAN LIFE
Secretary Bryan Informed of Re-
paration for Death Of
Walter Smith.

Washington. Jan. Sir Cecil
Spring Rice, the British ambassador,
has notified Secretary Bryan that the
British government, without deciding
the question of liability, is planning
to pay damages to the family of Wal
ter Smith, the American killed re-
Gently by Canadian militiamen near
Fort Erie, and also to Charles Dorsch
who was wounded tthe same time.
This government had begun the prep
aration Of a note to Great Britain ask
ing reparation for Smith and Dorsch.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
House Adj0urns
Until Saturday
No Printed Bills
In Senate TOdQu

Senator Davis queried Secretary
George today for printed bills in
troduced in the senate upon the
second day. No one could give any
information why the state printer
did not have the bills ready for
distribution.
Of five bills introduced one
should have been printed, the 9TH
ers going to committee to deter
mine which should be printed. Cor
rections ordered, most of them
typographical errors, were numer-
Gus. 'f'
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
No FRATERINizjNo.

Berlin, Jan. 1.-The German army
authorities today issued an order pro.
hibiting the future fraternizing of
troops in the field with an enemy as
they did in several points of the west
ern theatre of war at Christmas time.
The fraternizing was carried to
such an extent that at one place the
Germans and British played football
.on Christmas day and then agreed
to the suspension of hostilities for
two more days.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
CABLE MINISTER

American Minister Van Dyke at
The Hague was cabled by the British,
French and Russian ministers and
given formal assurance that merchan-
disc, even of contraband character.
would not be molested on the high
seas if consigned to the recently es-
tablished Netherlands monopoly.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
EXCHANGE NORMAL.

London, Jan. 1.-The treasury an
1ounces that in view of the fact that
the exchange between America and
England is virtually normal, it is no
longer necessary for further consid-
Grafton by the two governments. The
plan or the adjustment of balances
and further consideration of this ques-
ton is to be let to the banks and
bankers of the two countries.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
BRYAN INFORMED.

Washington, Jan. 7.-Secretary
Bryan has been informed by the E'rit-
ish ambassador of arrangements now
being completed for the shipments
without molestatioa of naval stores
from America to The Netherlands and
Italy.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
DENY CHARGE

Washingt0n-In reply to the Ger
mans complaint that American man.
ufacturers we're exporting dunn dunn
bullets and idiot guns" for British
army, Secretary Bryan informed
Count Bernstorff, the German ambas
sador, in Washington, that the manu-
facturers named denied the charge,
(C0ntinued 0n Page TWol
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
VILLA PLANS Big
ATTACK ON army
Of HIS MEXICAN FOE

Ell Paso, Texas, Jan. 7.-General
Villa plans to attack the Mexican
border towns opposite Naco and
Douglas, Arizona, with 5000 troops
accompanying him north. Half of
this force passed through Juarez en-
route to Casas Grandes, whence the
troops will move over the land into
Sonora.
Villa explained his plans which he
regards friendly to the American gov
ernment, in a telegram to General
Scott, chief of staff of the United
States army. who has been waiting
to confer with Villa regarding a ces-
sation of the fighting on the border.
Villa beneved that driving out the
last Carranza garrisons on the west
border would remove the cause Of
controversy over the shooting across
the international line.
VILLA TROOP DEFEATED.
Laredo, Texas, Jan. I'm a battle
today near Victoria, capital of the
stae of Tamulipas, he Villa forces
were routed, leaNing many dead and
wounded, according to constitutional
ist reports. Prisoners, horses and
ammunition are said to have been
captured by the Carranza forces. The
Villa troops were approaching Victor
early in the day, apparently believing
tha city weakly garrisoned. They
were met by the Carranza forces,
and after eight hours of fighting re-
treated and were pursued. Victoria
suffered considerable damage
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08

General Won Schubert's official
title is general of the artillery of the
German army. To him more than to
any other one person is due the
credit for the manner in which the
German artillery has performed the
work mapped out for it in the war
thus far.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-08
INAUGURAL
BALL HERE
+. TONIGHT
GREAT BlENNIEL SOCIAL EVENT
AT CAPITOL BUILDING THIS
EVENING.
EXPECT LARGE ATTENDANCE
Minot Symphony Orchestra will FUR
nish Music for the Occasion.

All of the committee chairmen Who
are in charge of the arrangements
for the inaugural ball met yesterday
afternoon to talk over the final ar
rangements for the big event of to-
night.
The reception committee will meet
in the governors Office promptly at 5
o'clock tonight and all comlnittee
chairman are expected to meet at the
governors Office at 1880 p. m. sharp.
The desks and carpet have been
removed from the house chamber and
the platform for the orchestra has
been erected. The dancing floor has
been gone over and will be in good
condition for tonight.
The dance will start promptly at
$50 o'clock and the supper will be
served from 1890 to 1890.
The sale of tickets has been good
this year and a banner attendance is
expected at the ball tonight.
The Minot Symphony orchestra will
dispense the music. The program
is as follows:
1. Grand March -. Plumed Knight
2. lwo-Step 80. Pass the Pickles
8. Waltz ..... Matin de Septembre
4. Two-Step ..... Chief Bungo-Boo
5. Waltz ............... Phantom
6, Lancers ....... Naomi
T. Two4Step -. ...............
...... The Winter Garden Rag
S. One-Step ..... Down Home Rag
8. Waltz ....... Youth and Beauty
10. Two-Step .......... Hitchy Koo
II. Waltz ..... Christmas Roses
IL. Two.Step -. That Dreamy Rag
13. Two-Step 49,. Chills and Fever
IA. Waltz ....a......... Sympathy
Is. One-Step ...... Make Briolette
l6. SchOttiSche ................
Rebecca of Sunny Brook Farm
II. Waltz .............. Famabella
1S. Two-Step .... Jamaica Jinger
Evening star., 1915-12-27
1875 POSTAL BUSINESS
Ss2,0OO,0OO,0OO
Auditor Charles A. Kram Reports
Transactions Doubled Themselves
During Last Fiscal Year.

Charles A. Kram, auditor for the Post
Office Department, in his annual report
for the fiscal year 1915. just made
public, discloses that the postal
service has doubled itself in the past
twelve years. and that during the fiscal
year Just closed the audited transac-
tions approximated $2,o0O.oo0.00o. The
postal revenues were $2s7,24s.165; ex-
penditures. $298, 546.026; domestic money
orders issued, $665. ,08S; money or
ders issued in foreign countries. pay
able in the United States. $51.662. .121;
domestic money orders paid. $671.172.-
6s3, and United States money orders
paid abroad. $6,356,4S5. making an ag-
gregate of $1,980,234.56S.
This enormous volume of business
was handled by an electrical account
ing system, which was installed in the
office by Auditor Kram. enabling the
completion Of settlements for the year
at much earlier date than at any
other time in the history of the Post
ONCE Department.
naid q special tribute to this labor
saving device in the interest of in
creased efiiciency and economy. say
ing: "The application of electrical ac-
counting devices to the auditing func-
tfon in the Office of the auditor for the
post Office Department was introduced,
systematized and brought to its exist
ing state Of efficiency by the present
auditor. Financial statements Of reve-
nues and expenditures and informa-
tion necessary In the conduct Of the