The Bismarck Tribune Newspaper, January 17, 1917, Page 3

FILES MOTION ‘hile Arrest of of dadiioen on the Ground That Information Was Insufficient CASE BEFORE JUDGE NUESSLE TODAY Pleading guilty to the charge of em- bezzlement last month and whem ar- raigned before Judge Nuessle of the district court yesterday afternoon to receive sentence, Attorney George H. Purchase of Halliday, filed a motion to arrest judgment‘on the ground that the information to which he pleaded guilty was insufficient. The court, took the matter under advisement and is expected to give an opinion this after- noon, Delay in passing sentence was to permit the attorney to return to his home at Halliday and raise money to refund to the creditors. the variou? amounts alleged taken. This Attorney Purchase had promised to do at the time of entering his plea. “Prosecution of the Halliday attorney was’ brought by State’s Attoihey Johnson of Dunn county, the state’ alleging that funds of'a certain ‘estate to the amount of several thousand dollars were entrust- ed to Ptirchase to pay off the credit- ors of the estate and that he appro- priated them to his own. use. The prosecution dlleged that Pur- chase as attorney for Charles Jen‘zen, administrator of the estate of the late Andrew Lipter of Dunn county, did “by virtue of said employment receive and take into his possession a certain check for $2,025.08 and appropriated it to his own use.” The forgery charge growing out of the same transaction as preferred against Purchase was dismissed when the plea of guilty was entered, as the deféndant agreed to return to his home and return all the funds misap- propriated. Sentence for an offense of this kind is said to be from one to five years... Bail borids wére fixed at $2,000. ROBSON IS THORN THE. -—LEABIES SIE Anxious ‘To Rid Itself of As. sociate Justice : : MAY;PLACE AGE LIMIT ON count MEMBERSHIP Associate Justice Jathes E. Robin- * son is“hecoming persona non grata té partisan Teague leaders, who f his: candidacy for the su- “prem égurt and: who- last November was elected: by one ‘dt’ the ‘largest votes’ ever given:a: candidate for that position. : The ’* ‘judge's - independence of thought and -action; thé fact that he pefsists in--saying what. he thinks about any .and: every thing, and that he declines to be dictated to ‘by any- one, has made Associate Justice Rob- inson very distasteful to certain league leaders, who feel ‘that ‘his “freedom of speech” ts inclined « to gum up ‘the cards somewhat. Therefore, various weys Of “taking being care” of Judge Robison are distusséd. Little stor! 1 out from leagué source been rather mui so news was concerned. A and: there. is. being dropped with a view to ‘setting im mission a trend of thought opposed to some ‘of ‘the Judge’s policies. The hand. of the league does: not.appear directly in any of these maneuvers, but prominent lesoucts leave no conte of the Taet, that the organization is very sorry that it elected Robingon and: would give a great deal if-it had on, the ‘bench in his place a mam more amen. | able to advice. The latest suggestion almea at® “en venerable justice is that ‘there ‘be passed by the present’ legislature “a bill to retire justices of the supreme court when they Shall ‘hiss ‘reached the age of 75' oa-halt-pay for the re- midnder of ' their term, Although Judge Robinson ‘is part 75° he is as Vigorous a8'Many''n mana quarter- century younger: he ‘feels thé nigh vete which he received at the ‘rencral clection entitles him to consideration, and he will not look with friendly eyes upon any.medsure.whose aim is to retire him to’ offictal! oblivion. LOAN LIMIT ON FARM LANDS TO. REMAN A THIRD Senate Declines to Increase Per- centage to One-half, as Pro- vided in New Constitution TAX COMMISSION GIVEN MUCH EXTENDED POWERS) The farmer again had his inning in the senate yesterday, via the silver tongue of Senator Cahill of Grait, when Senator Kirkeide's bill govern- ing the investment of school funds in farm mortgage loans came up for third reading. Senator Cahill plead- ed for an amendment increasing the Joan limit from one-third to one-half of the actual value of the land, ex- clusive of improvements. The mem-|, ber from Grant argued that the farm- er pays 80 per cent of the taxes in North Dakota, and that he shoud have the privilege of borrowing up to 80 per cent. Senators Kirkeide and Kretschmar, urged that inasmuch ag the proposed’ increase was already under consideration as an amendment to the constitution, that it not be load- éd onto Senate Bill No. 17, thus en- dangering its adoption, and in the vote taken on the adoption of the amendment their views prevailed. The bill then was passed, Cahill not voting. Interested in No. 44, Senator Allen introduced a joint resolution asking the concurrence of the house in the printing of 2,000 more. copies of House Bill No. 44—the proposed new constitution. The house immediately concurred, upon receipt of the resolution from the senate. Only One New Bill. Only one new Dill was introduced in the senate yesterday, This was ‘No, 62, by Wenstrom and Gronvold, materially increasing the powers of the state tax commission, making its! powWers..mandatory as regards all tax affairs; enabling the commission to call upon the states attorneys to en- force its mandates giving authority for the appointment of special asses- sors and for the investigation of methods employed by local assessors. ‘New iMunicipalities Bill. Senator Ployhar, chairman of the senate committee on cities and niuni- cipalities, reported yesterday a substi- tute for Hous Bill No. 3, designed to give Valley City the power to ‘engage inthe central heating business. This bill Was passed by the house and by the senate. But the latter body found the bill so loosely drawn that after its passage it was recalled and refer- red to Senator Ployhar’s committee. The new dill as reported out yester- day .carries ali emergency clause in | proper form. WISCONSIN HAR NEW -DNRY COMMISSIONER TO LIVE IN CAPITAL J. J. Osterhays of Wauwatosa, Wis.,| a graduate of Ahe University of Wi: consin and with several years’ practi- cal experience in dairying, has arriv- Gd it tle capitol ‘to assume the post eral y, splendid.whole wheat a ho each in 90 ft iat tia fod cntalns x an a home® the faesily's s health is a dai eitary for well-balanced bodies, “brains “and: nerves. GRAPE-NUTS also ‘fiitludes'the ENTIRE NUTRIMENT of the grains, in concentrated, easily Gigestible form, y-to-eat fromthe patKkige. =~” es | * GRAPE-NUTS is usually eaten’ with cream or mili and the favor is woldevfaily, delicious. It.also combines in numerous attractive, special dishes. Better digstion, better health, better accomplishment, with GRAPE-NUTS.as a daily food. i - There's a Renato ason” YOY), Y ution of thie a vaties food--- Kolb aid At the Orpheum theater tonightonly. b ting as popular as the Chaplin brand.Do not miss seeing “lonesome Town.” . production of “Lonesome Town,” REGENTS: MELT TODAY 10 WAP. . OUT cr | Board Will Decide What Action! To Take in Connection with | Ouster Proceedings Dill’ in \American-Mutual’s fiveereel The state board of regents ts meet- | ing at -its offices in the capitol this: afternoon. President Lewis Crawford | arrived from Sentinel Butte this morn- | ing, and gther members came in from; the east on No. 8 at noon. The course which the board will pursue if Gov- ; ernor Frazier persists in his efforts to | oust the three members whose terms i do not expire probably will be mapped | out this afternoon. | The fact that the senate has re- Kolb & Dill comedies are get: of dairy commissioner, succeeding BE! A. Greenwood, Hl Mr, Osterhaus, Commissioner of La- bor and Agriculture Hagan anhounced this. morning, before receiving his ap- pointment, he established his _rest- dence in Bismarck. His furniture is now onthe way, and his family will make their home here. Mr. Oster: hatise will, therefore, be at his office in the capitol constantly when not out on the road, which could’ not be so erally: the case were he a resident ome city other or thas Bis Bismarck. MITCHELL HAS “EDGE ON. WELH BY JG: MARGIN (Associated Press.) Milwaukee, Wis., Jan. 17.—Ritchie Mitchell, Milwaukee lightweight, de- feated Champion Freddie Welch on points in a 10 round contest here last night, sporting writers at the ringside agreed. Welch put up a miscrable ex- hibition. His (stalling and holding tactics brought a roar of disapproval from the audience that continued thru jthe fifth round. Chairman Leisinger, of the state boxing commission, warned the cham- pion to box, or draw a penalty. In every round but the tenth Mitch- |" ell had a decided advantage, jabbing the champion-at will. Welch in the final round held Mitch- ell eyen, the only spirited action shown by the Englishman during the bout. Atter the bout, Pollock, the English- man’s manager, claimed Welch was handicapped by 9 heavy cold. “At three p..m.- Mitchell weighed in at 135 1-4 and Welch 140. PLACE LID ON LEAK PROBE __Continued from page 1. Lawson read into the record, also ap- peared. The leak investigation was __ inter- rupted today while the house extend- éd ‘the tinte of the investigating com- mitteé 30 days and authorized it to employ counsel. This foreshadows the inquiry to its broadest scope. “Tak- ing of testimony will be resumed to- morrow, probably with J. P. Morgan and other. financfers in the witness chair. Although déclining to object, Rep- resentative Cooper, ‘Republican, of Wis.. criticized the inquiry to date in i short speech. No Sense of Honor. “Thus far,” he said, the result has | only confirmed the belief throughout the nation that there is no fine sense of honor in public life. This inquiry has degenerated into a partisan strug: gle.” “I suggest,” said Representative turned to Governor Frazier his list of five nominees with a suggestion that he nominate the two men whom he wishes confirmed to fill the two va- cancies which the senate deems exist- ing piaces a somewhat different light on the matter. Also, it is said, if the} governor takes a strict stand on tech- a : . nicalities, he has now lost his right to cae Rani au a He arms nominate any members of the board, i ts ‘behind the tinsel and the | Providing the senate's contention stonmen the distinctive | 8uould be upheld by the supreme court See ne oe an Gitte: distinctive |as the chiet of executive failed prior Photo plays: Over proce et Tor the |t@ January 15 to specifically nominate _| ras of the epee cx positiun ie candidates to fill the particular va- | ay at the fect of fenry Otto, | ancles:keld toexist.- Miss Fischer's director, and he has taken advantage of all the variety of setting to make this picture a master- piece. The studios of Harry should see; for-the Saturd nd Sunday pa- pers give details of ‘pictures that are to be shown at all of the theaters for the coming week.” The greatest punch to the story comes at the end, when “Pep,” think- ing that she would be forced ‘to give up her prince entirely, tries to jump with Baby “Bess” in her arms into the crater of the papier mache volca- no, ‘Mt. Kilaeua, which is one of the most spectacular of the fire” work at- tractions at the fair. “The Butterfly Girl” will be one of the best offerings of the week at the Grand theatre and will be shown to- night and tomorrow. BIRTH OF DAUGHTER, Born Tuesday to Mre and Mrs. Joseph P. Volk of Thirteenth street, a daughter “BUTTERFLY GIRL. The “1sumus, as the San Dicgo * Exposition's amusement street, where the sideshow attractions hold forth, is ‘called, forms the colorful background for the drama which will bring Mar- garita Fischer to the public in her third ‘Mutual Production. Each Cay sule bears the name 43~ Beware of count The McConkey Com. Co. carry a full line of Vermicelli, Macaroni, Spaghetti, Egg Noodles and Creamettes at per pack- BBC peiceesereyiniaeees a8 Swansdon Prepared Cake Flour in 5 pound packages 35c Kellogg's Toasted Corn Flakes individual packages, 3 for .. 5c A full line of National Biscuit Co.’s goods just in. Fine Celery, per bunch .... 15¢) Fine Head Lettuce, per head 15c We are still selling choice Bananas, per dozen Fancy Cooking and eating Apples, per box Sunkist Oranges, per dozen 20c, 25c, 30c and 35c Nice Large Lemons, per doz. .30¢ Not'a Bite of Breakfast Until You Drink Water Says a glass of hot water and phosphate prevents illness - and keeps us fit Just as coal, when it burns, leav behind a ccriain amount. of incom- PHONE 209 bustible mafcrial in the form of ashes, | quyyuyyppeeepeeeepeeeeemeess | so the food and drink taken day after day leaves’ in the alimentary canal a {= certain ‘amount Of indigestible ma- terial, which if not completly olimina 5, | ted from the be. cs comes food for the millions of bacte' ich infest the bowels. From this mass of. left-over waste, foxins and ptomain-like poisons are formed and sucked into the blcod. Men and wouen who ; ing right must begin to y i i baths. Be » eating ie y -morning d $ water with a ee el of lime- stone phosphate in it to h out of the thirty fect of bowels the previous day’s accumulation of poisons and toxins ‘and to keep the entire alimen- canal ¢ pure and fresh. Moore of Pennsylvania, the name of Samuel Untermeyer for counsel, and I suggest ‘that Charles Eyans Hughes might be a, good man‘for the commit: teo to consider.” This dréw latfghter from the Demo- cratic side, and 4 ripple of applause from tho ‘Republicans, Representative Howard of Georgia opposed thé proposed employment: of Untermeyer. A ‘Representative Moore, who suggest- ed Mr. ‘Hughes, insisted that Howard make somé ‘corniment on his* oppost- tfon. ‘ “| have been taught by my mother | to speak respectfully of the dead,” re- plied Howard,: amid roars: of applause from both FANNIE WARD. The photodtarintie ve version ‘of the famous story, “Tetihessee’s ‘Pardner,” which will bé:at ‘the Bismarck tonight, | with Fannie- Ward, the beautiful Lasky star; in the tit le, Was adapted for the screen’ by ‘the celebrat ist,” Marion *Fatifax," from thé: spoken stage version, of the’ story by the emt- nent playwright, Scott Marble. When this ‘story was first written it} attracted world ‘wide interest on ac- j count of its gtaphic pictures’ of the early gold rush in California and the wondérful inflwence of a ‘small child jover a large number of tough men: In the photodramatic version, as | niade ‘by the Lasky company, the ‘woti- derfut ‘types anid ‘atmosphere’ of those | early ‘days is transferred to‘the film: Months were spent in preparation for this production; in‘looking up authori: ties‘and: securing the necessary equip- ment for fits accurate presentation. In‘ the cast: supporting Miss Ward fesuch distinguished attists as Jack Dean; Charles Clary, Jessie Arnold, | Raymond Hatton; James. Neill and oth- ‘er meribers of the ‘Lasky all star or- | sanikation:* Hinck WANTED—P _—— high 56 ll girl 3 in pri ifly. pra ‘AND .BOARO offered-for two} +tadies:in’ private*family.~ Phone 193 Those who are subject to sick head- ache, colds, biliousness, constipation, others ‘tyho wake up with bad taste, foul breath, kache, rheuniatic ae Dess..or have a sour, gassy stomach alter meals, are urged to get. a quarter pound of lincstone phosphate front the drug store, and begin practicing internal. sanitation. This will cost v litue, sufficient to make anyone an enthusiast on the subject. Remember inside bathing is more important, than outside bathing, be- cause the skin pores do not absorb impurities into the blood, causing poor health, ‘while the bowel pore. do. Just as soap and hot ‘water cleanses, sweééténs and freshens: the skin, 80 _ Eine kurze Gesprach uber Kohlen | A short talk about Coal There’s a world of difference between two lumps of coal tho they. may look alike.. One kind clinkers, gives gives you little or; no heat and is full of slate and sand. Our MONARCH coal em- hot water and Jimestone phosphate | bodies none of these qualities but act-on-the'stomach liver, kidneys and | can be depended upon to perform bo) the utmost: of service with only a nurse’s | C. A. FINCH REGISTRY Th atered Lumber Co. PHONE 17 Monarch Bear Creek Ow! Creek Nut SPEAR & CO. F PHONE 260 ‘etiy Fresh Eggs, A good wraite of Red Rasp: co's ik mere berries, per can Pure High: Test Cream ‘sine cat Hawaiian ¢ Pitieapple, per can .. 208 euiertla od ent a 6 n24 Electric Spark “Tannpespe’e Pardner” Founders on.the play by, Scott Marble. S met Bt ene s' SHOT... ote ae: CAPITAL & SURPLUS $200,000.00 WHAT THIS BANKIS A bank which has Capital-and Surplus of a Quart- er of a Million Dollars for the protection of your de- posits. A financial institution which is old in successful experience, at the same time placing at your disposal complete, modern equipment. A bank at which you may obtain the kind of ser- vice which suits your special needs. Confer with our officers. THEFIRST NATIONAL BA BANK BISMARCK, N.D. © The Oldest and Largest E _In this Section State We have just received a car of Washington Apples on con- signment. The apples are orchard run, not wrapped, and packed in standard size bushel boxes. I have been instructed to sell these apples regardless of cost. As they are going fast, you had better come in soon, for they are good sound stock. = - This is once that apples sold in North Dakota, for far’ less than potatoes, so everyone can afford to eat them, as they are a health food. The price will be the remarkably low figure of $1.25 per box » TO THE te | Country Dealers The price we are quoting is less than that asked ‘on’ the market. We can fill your orders promptly. FISH To those who have not tried our fine fish we advise to call and get your supply as it is doubtful if we can get any more - and this stock is of the finest guaranteed quality. The price of fish on the market is advancing daily which will no coubt i mean an advance here soon. MEATS Our meats are getting fine now, and I am perso lecting the Futchering cattle from our large herd of ag coe fattened cattle, which are fine and getting better: ry: No profit is added. You are merely paying the first ‘east, and that of feeding, and you certainly can’ save aioney “by trading at Gussner’ 8, Try our lard, bacon, dried beef, sausage; ¢te.;'as we poi : tively save you money, and Please you “ to. quality. For the POULTRY - We.are now grinding bone and meat scraps for-chickéns. It is the egg producer. The price is low enough, that it will. - pay you well.