davidaulloa/AmericanStories huggingface dataset:
The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1916-03-25
Hid Over $1,000 In Hut.

Cedar Falls, lahore than $1,000
was found hidden in the hut Of George
Pound, eight miles north Of here, when
the administrator Of his estate made
an investigation. Pound died sudden
~ and was supposed to have left little
money. Twenty years ago he lost
more than $1,000 in a bank failure and
thereafter never trusted banks.
The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1916-03-25
SPENT FORTUNE
TO TRAIN ORPHANS
Washington Teacher Aided
Those Who Sought Education.
LIVED MoDEsTLY TO Do ACT
Used Income Of High School lnstruc.
, tor In Moderate .Nanner, and With
Money He Earned by Writing He
Was Able to Educate Eighteen Stu
dents.

Everett, Wash.-F. D. Mack, teacher
in the Central school. has spent about
$4,000 in educating eighteen students,
seventeen boys and one girl, during the
last sixteen years, according to story
he reluctantly told newspaper repre-
sentative.
Living on his school salary in mod.
est way both in Minnesota, his former
home, and in Washington, he has earn
ed the money to send students through
universities by writing short stories
and magazine articles. He has paid
out between $4,000 and $4,000 on each
of his "children."
Some of the youngsters were Or
phans, and some had one parent but
all were eager to learn and were handi-
capped by lack of money.
The thirteen boys who are alive are
all actively engaged in the professions
in which Mr.. Mack has educated them.
Two are druggists, one being in st.
Paul and the other in Los Angeles.
| Two are instructors in the University
of Minnesota, where they were grad
uated. One teaches mathematics, and
the other is an instructor in German.
This latter young man plans to be
| physician and in 1914 married a girl
who wished to 60 to Germany to get
| her masters degree. so he and his
bride sailed for Germany to continue
their studies, only to be turned back by
the beginning Of the war.
MIR. Mack sent him through Normal
school, the University of Minnesota
and Harvard, where he received his
masters degree.
; A young man who chose to be a
| broker received his education at the
University Of Illinois. He started out
to be an architect, but changed his
mind and took commercial course
| He was graduated four years ago and
is now in Minneapolis engaged in the
lumber brokerage business. He is the
best money maker of the family" In
his four years out of college he has
made $4,000.
A mining engineer who was educat-
ed at the University Of Minnesota is
now working in mine at Butte, Mont.
The banker received a thorough COM
mercial education, and then Mr.. Mack
set him up in business in a bank in
Elgin, N. D. Mr.. Mack says that If
any Of his boys wants to start in bust
ness he always gives them enough
money to begin. He recently bought
an eighty acre farm for one Of them.
A dentist lives in Chicago. He had
four years at the University Of Val
paraiso. Mr. Mack says this boy mar
| ried rich nurse.
One boy who studied to be lawyer
lost his health after his graduation
from the University of Minnesota law
school, so could not practice, and is
now employed as chief Of the Mime
sofa state fish and game commission
with headquarters at st. Paul.
| Self educated and quiet, Mr.. Mack
would not be thought responsible for
one Of the most unusual philanthro-
| pies in the world.
The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1916-03-25
Gets a Civil War Letter.

Bangor, Call. e. Cole Of this town
received letter recently written to
him by his brother on Dec. 2, 1884. At
that time the writer was soldier in
the Union army, and he tells Of the
chase into Mississippi after General
Prices command. Where the letter has
been for the past half century is
mystery.
The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1916-03-25
HE BET ON The ATHLETICS

Georgia Tax Collector Now Admits
$1,000 Shortage In Accounts.
Waycross, Ga.-After losing more
more than $1,000 belonging to the city
Of Waycross in bets laid in the chances
Of the Philadelphia Athletics to win
the worlds series Of 1914 Alex G.
Lowther, city clerk and tax collector
Of Waycross, attempted to regain the
money lost by using other sums be-
longing to the city until his accounts
were more than $1,000 short, accord
ing to q letter from Lowther made
public by Mayor Scott T. Heaton.
Lowther in his letter says he ex-
poets to repay the money taken. He
returned the keys to the city vault.
The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1916-03-25
Pneumonia swifter Than Bullet.

Tneun0nt1 SWhter man 6ullot.
Passaic, N. CHARLES Uhlermann
of Clifton, who attempted suicide re
Gently, Is dead from pneumonia The
boy wrote note to his parents telling
them they ''soon would know the rea-
son" for his act, then shot himself.
The wound was not serious, but pneu-
monia developed soon afterward.
The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1916-03-25
USES SPOONS TO SAVE LIFE,
Knife and Rubber Tube Also Doctors
Implements In Operation.


Elkins, w. Va.-With two tin tea
spoons, a pocketknife and a piece Of
rubber tubing as his instruments DR..
II. W. Daniel Of the Elkins hospital
performed an operation on a woman
apparently dying Of diphtheria and
saved her life, it was learned. Called
to the mountain home Of Mrs. Thur
man Coberly, the doctor found the wo-
man unconscious.
Having no surgical instruments with
him and realizing that death was near,
he made an incision in the woman's
Windpipe with his knife, and, using
the teaspoons bent double as retrac-
tors, he inserted the rubber tube. Res
p1ration was restored, and within a
few hours the patient regained con-
seriousness, and it is said that her re-
covery is expected.
The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1916-03-25
Fifty seven Years Without Vacation

Fifty seven Years Without Vacation.
Bridgeport, O.-After being on the
job for fifty-seven years as toll collec-
tor at the Bridgeport end Of the Wheel
ing Bridgeport bridge, John Richard
son will retire. He had worked fifty
seven years without a .vacation or ILL
ness, but few days ago he became i'll
and was forced to abandon his post.
He says he enjoyed his vacation" so
much that he will make it permanent.
The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1916-03-25
.Ex-K|NC MANUEL
TAKES LIFE EASY
Plays Golf While Portugal Pre-
pares For War.
LAND SIDES WITH ALLIES,

roTmer nu'er apparently Is Not Wor.
ried Over Course Republic Is Pursu-
ing-Germany Has Formally De-
cIared War on Portugal, Although a
State Of War Has Existed.
London.-While former King Manuel
Of Portugal is playing golf and taking
life easy in England, the little republic
Of Portugal, once his domain, is COM
pleting preparations for war on the
side Of the allies. Germany has for
mally declared war on Portugal, al
though a state Of war has practically
existed between the two countries
since the German troops invaded
Portuguese Africa in 1914.
Soon after this invasion Portugal
sent re-enforcements to her African
possessions, and there have been a
number of clashes between the Ger
man and Portugal colonial troops.
The total war strength of the Portu-
guese army is 100000 men. 1t is esti-
mated that fully 100000 soldiers have
The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1916-03-25
TO SCHOOL ON SKIS.
Then Crawl Down to the Door
Through Hole In the Snow.

Then Crawl Down to the Door
Through Hole In the Snow.
Ellensburg, Wash.-Coming to school
on snowshoes and skis, sliding over
the schoolhouse roof and climbing
down to the door through twelve feet
Of snow is the experience of children
at the school at Meadow Creek. Mrs.
Mary Boedcher, county superintend-
ent. has received a number Of letters
which tell the children's idea of the
situation.
"Our schoolhouse is about twelve
feet high on the outside writes one
boy, but the snow is so deep that a
person can walk right over and not
know that there is building there.
We have to crawl down eight steps
through a hole in the snowbank to get
into it" .v-.-.- -~--~-. ~ ~
"We live in a tent" says a twelve
year-oll girl in the seventh grade
1.-THE roof is covered with large pieces
Of bark. All that you can see of the
house is the very front, where you go
out. | went halfway to school on the
skis and crawled a little way so as not
to go in so Deep
Mrs. Beach, the teacher, in her re-
port to Mrs. Boedcher. said that in
spite Of the snow school kept up every
day and that only two absentees were
noted during the severe weather.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-09-12

food, that's what this concert it.
You'll feast on sweet corn, squash
fresh-dug potatoes and other vegeta
bles so delicious you'll wonder why
you never turned vegetarian. And
for appetizer, relish and dessert yOull
drink deep bowls Of pasture milk.
Step up, ladies and gentlemen, the
big show is now going on, and the
price of admission is nothing at all
if you're a good walker. In no event
will it exceed interurban carfare or
the cost of a few miles OF gasoline.
AS for the concert, surely you have
farmer friend who'll see you
through just for the pleasure OF
watching you eat.
Honestly, Mr.. City Man, wife and
family, don't you think you better
take the barker's advice? Out in the
country it's the season of fruitful
ness, when use and beauty meet and
are one. You can't afford 20 let Sen
TENDER slip by without a few hours
spent on the old far:, and a meal
plucked fresh from the old farm
garden!
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-09-12
ORPHEUM
NOTORIOUS GALLAGHER"

Marguerite Snow and William Nigh
two of the most popular and versa
tile members of the great Metro fam
lily, will be seen on the screen here
in Notorious Gala gher," the next at
traction which will be shown at the
Orpheum theatre, matinee and to-
night only.
This sensational tive-part feature
was produced by the Columbia Pic
lures Corporation for the Metro pro
gram, and is said to be one of the
most distinct novelties ever offered
by that company. A strong support
ing cast includes Robert Elliot, Ray
Apologize, David Thompson, Julius
D. Cowles, R. A. Bresee, Martin J.
Faust, Frank Montgomery, Victor De
Linsky, Cecilia Grifilths and Florence
Vincent.
The story has given Director Nigh
unlimited opportunity to present
many interesting glimpses of New
York life. Regardless of expense OF
effort he arranged to have his play
ers photographed in action in the
Tombs, on the Bridge of Signs, in
Chinatown, the Bowery, in Fifth Az
enue, Central Park, and other well
known places of interest in New York
City.
See 1t today with Max Figmar
Metro comedy to complete the bill
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-09-12

adoption, as by enjoining publication
of notice or wrongfully and illegally
keeping it. off the ballot. However,
this may be, the question is but an in
cident Of the fully recognized judicial
power and province to determine con-
stitutionality of legislative act and to
declare laws unconstitutional. The
same argument Of alleged judicial
domination Of the legislative arm OF
government has been applied against
that power and province Of the judi
ciary. But it has always been accept
ed that the power to determine con
stitutionality of legislation is vested
in the courts and that such is a judi
cial question pure and simple.
"But possible results Of an abuse
of judicial power will not be presumed
upon which to found reason for de
NAL of court review in such instances
Powers of court of equity are not
measured by what might be done
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-09-12
WITH THE MOVIES
BISMARCK

In Gloria's Romance" the great Ru-
pert Hughes motion picture novel,
in which Billie Burke is appearing
at the Bismarck Theatre today, Miss
Burke will be seen in a $4,000 Rus
sian sable coat, a $4,000 ermine coat,
a blue and gold and metal embroid-
cred evening coat trimmed with sill
yer fox fur, valued at $1,000, and a
dinner gown trimmed with lace that
was priced at $3.50 per yard. The
gowns were all designed by Henri
Bendel, Lucille and Balloon and are
sure to attract the particular atten-
ton of all who keep in touch with the
latest fashions.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-09-12
ADMISSION FREE!

Step up, ladies' and gentlemen!
The big top is pitched, the big show
is now going forward.
The big tops color, you'll note, is
the clearest, purest blue nature has
produced. It's as wide as the hori-
Zon, for it's the sky itself. And the
wall of this colossal tent, ladies and
gentlemen, is ring of trees, of a
green as deep as is the blue of the
top, with only here and there an off
shade that, identifying by contrast,
proclaims the advance of autumn.
Inside this monster tent is the
show, fostered by the hand of man,
but designed and in the prodigality
of its broader lines executed by the
gods themselves.
Before your gaze as you enter, Ia
dies and gentlemen, will stretch fields
Of golden stubble where but a short
time ago was the wheat now stored
in granaries that groan with plenty.
In other fields you'll see tall, upstand
ing corn, every stalk capped by a
tassel for beauty and bearing an ear
for use.
Yonder, constituting one of the
main attractions. is an orchard where
in trees burdened with apples, peach
es and plums do the strong man act
And note that bordering the orchard
is a garden patch whose cabbages
promise to amend the phrase, "corned
beef and cabbage" to cabbage and
corned beef
Don't fail, ladies and gentlemen,
to remain for the concert. Music?
No, unless it be the music Of smack.
ing lips. "A regular symphony of
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-09-12

such legislation. The house recanted
and as a result Senate Bill 90 and
Senate Bill 70 were passed at the very
close of the 1913 session and were
messaged to the senate and signed.
Consult Senate Journal, PIP. 1547.S-9-
1GO0-O1 and 1919, and House Journal
PIP. 20O5O6 and 2O63-4-5-6, 2071-2.,
& Hotty Debated.
"All these bills were holly debated
in every phase and very carefullyand
thoroughly considered and discrimin-
atingly acted upon, the radical meas
ure as to constitutional enactment be-
ing refused passage, while the conser-
vative one was approved. And as a
matter of current history it was
known that the opposition to the en-
actment of any measure to permit con-
stitutional amendment by initiative
petition was strongly opposed by
many firm believers in the prohibition
plank, Sec. 217, of our state constitu-
ton, which prohibitionists considered
might be jeopardized by any initiative
system for constitutional amendment.
Such opposition to the more radical
measure in all probability caused its
defeat and the adoption instead of
the constitutional amendment contain
ing Subd. Of Sec. 2O2. In its formu-
lation care was used that it should
not be self-executing and that the per-
centage of signers required should be
comparatively high. And this leads
to another andp robably all sufficient
reason in itself to declare this provi.
sion not self-executing, strongly evil
dencing the legislative intent that fut-
ure legislation was necessary to make
it effective. We refer to the percent.
Iage required, and which is uncertain,
A petition must contain signatures of
at least twenty-five percent This is
merely declaratory of minimum,
leaving to subsequent legislation to
fix the minimum which must be at
least twenty-five per cent and to
classify and vary accordingly il nec-
essary any required percentage to ini-
tate different amendments to the con-
stitution as legislative wisdom NAV re-
gard necessary in view of widely diff
ACACHI SOAo CAIuIIOudl SuUJtCI matter.
To illustrate, it is probably within the
grant Of legislative authority by Subd.
2 for the legislature to declare nee.
essary a higher percentage to initiate
a constitutional amndment to operate
to change the seat Of government of
this state or the state university, the
state agricultural college, its normal
schools and other public institutions
fixed by the constitution or to amend
the prohibition constitutional guaran.
tee that would be necessary to initiate
a rule for taxation. All this was in.
tended to be left to future legislative
wisdom, with the limitation that at
least twenty-five percent of the legal
voters in each of not less than one
half of the counties of the state
should be required in any event, but
that the actual percentage to be re-
quired to operate under Subd. 2 should
be fixed by legislative act. And the
same is probably equally true as to
the period before an election at which
an initiative petition to amend funda-
mental law shall be required to be
filed. It is doubtful if it was intended
Continued on Page Seven.)
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-09-12
FIGHTING THE FIAT.

The news from Mexico, at the pres
ent writing, is far from encouraging.
That another and entirely new reVo'
luton is brewing is the general i'm
preston among those who keep close
tab upon Mexican affairs. Villa prob
ably will not give CarranZa much
more trouble. But there are signs OF
widespread disaffection among men
of influence who have heretofore
been loyal adherents of Carranza,
which disaffection is rapidly spread
ing to the army. The cause OF the
new trouble lis the money problem.
Carranza repudiated all fiat issues
but his .7ewn last one, and insists
uporl it3}beilg accepted by trades
men at par. The soldiers are also
being paid in that currency. 4
Its actual, it's legitimate value is
almost nil. Outside of the borders of
the Mexican Republic, it is not worth
ten cents upon the dollar. There
fore, Mexican tradesmen, who are
forced to accept the fiat money at
par, have no way to replenish thei1
stocks from abroad. In effect, Mex
leo is eating itself up and there's
not much left to eat.
Inevitably stopping place must
soon be, reached Some tMexicans see
it; plainly and they would end an i'm
possible situation even If it be neces
sary to overthrow the government re
sponsible for the situation. "" :
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-09-12
through an arrogant and high-minded
abuse of it's legitimate authority.
What Was Intent


What Was Intent.
Applying these tests we inquire (D
Was it, the intent of those adopting
said Subd. 2 that it should be consid-
cred as addressed to the legislature
for that body to provide legislation to
make it effective by defining its use,
safeguarding against it's abuse and
further the expressed intention Of the
, amendment, or instead, should it be
considered as any other law and ad-
dressed to the court? If the former, it
is not self-eXecuting; if the latter, it
is. Then again (2) Does it by it's
terms indicate that the legislature
shall supplement it by procedure nee
essary to make it effective, or, on the
contrary, it is so complete that it
supplies a sufficient rule by means of
which the right which it grants may
be enjoyed and protected or the duty
which it imposes may be enforced
without the aid OF legislative enact
ment?' These questions must be an.
sWered, if possible, from the language
of the constitutional provision itself,
but if that is ambiguous or the answer
doubtful, then the field Of inquiry is
widened and rules applicable to con-
struction of statutes are to be resort
ed to. ...... ....
The Source
"Under this situation with the duty
confronting us of taking judicial not
ice of the source from which sprung
our constitutional provisions as to in
itiative of constitutional amendments
and initiative and referendum of Ordi.
nary legislation and similar cOntem'
pOraneous legislative action, which in.
, cludes besides our present two constl'
tutional and statutory initiative
amendments, all those additional con-
current resolutions that passed the
legislature Of 1911, providing for re-
call of the judiciary and all public OIL
GERS by popular vote, and introduced
by Senator Bessessen as companion
measure to Chap SO of the Session
Laws of 1911, introduced by the same
gentlemen, providing for wide-open
initiative and referendum on all leg.
islative matters, and which has be.
come our present constitutional
amendment as to Indicative and refer
endum on legislative matters. And
again that the same legislature passed
Chap. "a, house bill, introduced by
Representative Doyle and Ployhar,
providing for recall of all public Off
GERS, and legislation by the initiative
and referendum of all kinds Of legis-
lation; and for the future adoption of
amendments to the state constitution,
and amended procedure in impeach-
ment, all in one lengthy and elaborate
concurrent resolution. Each and every
one of these provisions specifically and
carefully provide that they shall be
self-executing, in words or effect that
This amendment shall be selfexecut-
ing, but legislation may be enacted es.
pecially to facilitate its operation,
and showing not only an expressed in.
tent but careful attention to provide
that they should be self-eXecuting,
and as guarding against leaving any
thing essential for future legislatures
to make operative, should they be-
come fundamental law.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-09-12

Cali this legislation is what may be
properly termed radical in kind. The
counterpart is conservatism and we
find that these same legislatures be.
sides submitting these radical meas.
ures also submitted conservative
proposed constitutional amendment to
Sec. 202, and which has without
change become Sec. 202,, including
Subd. 2 thereof. And the significant
fact is that Sec. POP. as so proposed
and passed, has wholly failed to pro-
vide, except by barest and uncertain
inference, if at all, that it shall be
self-executing, while all the radical
amendments specifically declare in
common and exact language: This
amendment shall be self-executing,
but legislation may be enacted to IA
cilitate it's operation language found
verbatim in the initiative and referen
dunn constitutional amendments OF
the constitution Of Nevada, also earl
Ter taken from Oregon, State v. Sec
rotary of State, 81 New. 81, 1873 Pac
914. The Plain concurrent resolution
and the recall, and general initiative
measure, the Ployhar bill, H. B. No
1873 of the 1915 legislature, all failed
of adoption in the 1913 legislature.
while the Gibbons bill, Chap. 49,
Session Laws 1911, and the Besseser
initiative and referendum as to legis
lation, concurrent resolutions passed
both legislatures and vote of the
people and as constitutional amend
ments. This omission in the Gibbons
measure, the present Sec. 202, to pro
vide that it shall be self-executing is
significant in view of the fact that
| two legislatures had all these various
principles before them. This omis
sion was by no mere accident. The
measure itself was conservative one
and intended to be such and as such il
was not intended to be self-executive
And the history of these measures in
the 1913 legislature is strongly cor.
roborative of this conclusion. The
constitutional section under discussion
was again there introduced in origin.
al form by Senator Gibbons as Sen
ate Bill No. 70. 1t early passed the
senate and was messaged to the house
The house had passed the Ployhar.
Blakemore bill as H. B. No. 1873, the
original Ployhar-Doyle resolution pass.
ing the 1911 legislature,-and this
measure providing for the initiative
and referendum, recall and a provi
sion for Impeachment, the 1918 senate
repeatedly refused to pass; while the
house, to cOerce the senate, then re.
fused passage Of not only Senate Bill
l73, this constitutional amendment
measure, but Senate Bill 80, introduc-
ed by Senator Overson, the original
Bessesen measure as to initiative and
referending of legislation, which had
been passed as Senate Bill SO of the
1911 session, and is our present con
stitutiOnal amendment providing for
the initiative and referendum of legis.
lation. Late ON March 7th, 1913, the
last legislative day of that session,
andd .uring the last closing hour of
the senate session an attempt was
made to pass House Bill 1873, the Ploy.
har-Blakemore measure. 1t failed in
passage and thereby there was passed
up to the house Of representatives all
responsibility for the defeat of all