The Bismarck Tribune Newspaper, January 24, 1917, Page 4

FOUR: Are Making America.” Then he de-| THE TRIBUNE! side ri as ast Saluniliaiion a NOT | Batered at the Postoffice, Bismarck, N. | pers! as Second Class Matter. nd | ISSUED EVERY DAY EXCEPT SUNDAY | SUBSCRIPTION RATES PAYABLE IN | ADVANCE | Daily, by carrier, per month. mail, year. iy, by eal, bet 7 POLITICAL TENDENCIES. former secretary of | nt address before the) State Bar association, | Garrison ina re York e | touched upon some salient features Audit Bureau of Circulation | of present day political tendencies. ‘ATE'S OLDEST NEWSPAPER = He emphasized the absence of deep- | _. | seated political convictions, deptoring | the fact that the end, rather than the means, is the chief consideration. Of Mr. LAW SONS, ‘\\| BExPOSE LOCAL WEATHER BULLETIN. | course, as we all know, the inevitable | For the 24 hours ending at 12:00,|result has been to obliterate party noon, Jan. 24, 1917: lines and develop a sort of hybrid ‘Temperature at 7:00 a. Mm. 400+ — * | system of representative democracy. Mie yeaa a ata “* 47| This condition of democracy is drift- Lowest last night | — 4/ing as fast as possible toward an ab- Precipitation . Trace | solute democracy. Highest wind velocity ....-. 16—-NW) «such a condition cannot long en- ; dure,” Mr. Garrison commented. “It For North Dakota: Generally fair seems to me the time for readjust- tonight and Thursday; warmer 0°! ment and realignment is near and its mene he east and central Por | 1.53. rather clearly indicated. The | dividing line should be between those Temperature | who think government should be the Forecast. | Chines ae “4 | predominant factor in human life and ( Kanaes Clty 21 those who think it should be a subor- AS Mm PLUMBERS j Moorhead —20 dinate factor.” pA EH, WHAT P Her Pierre ....... 8 There are those who think that gov- b> 3 Hi Frince «Alpert =i} [ernment is the panacea for all ills. g , H Winnipeg c They try to reach every evil through St. ‘Feely - 32 a law. On the other hand are those ‘San a -_ 44.- | who believe we have enough - . ii ough govern: Bh teeerctoaint | ment already and that the best gov- é ” | erned land’ is one that is least gov- | Pee Tee Tee Te ee & ~~ There is no virtue so truly “| This is the season of the year when % great and godlike as justice. “| most states are trying to induce a uto- “& —Addison. ¢| Pian condition of affairs by a multi- OOOO 9994S ooo { plicity of laws. In these days legis- $ | lation most often takes the form of tt i ‘laws that seek to break down and if THEY HAVE ATONED. | daar tare aration ; Under the .UnltsdeBtetedfeuprame|.¢"C" destroy representative govern- aeciél hig. affect “that even | ment. Everywhere there is a burn- court decision to the effec a ing desire to improve upon the old, ‘ regardless of whether the foundations “private escapades” across state lines | come under violation of the Mann sy ae ote proposed structure are firm or SarvERED not. ae white slave law, Maury Diggs, one of | Unfortunately, laws do not always the Californians in the test cases, | is Lee eae Pee yaaa ae result in checking the evils aimed at. ‘oid etal i a ae he te faere id Legislation, if it had as much redemp- ees mart’ girl, a tive power as some people believe, |many of us would have been angels a child. Fat ai what een eee ae long ago. The pressure for more laws Wndoubtedty. Raye -sullered una is growing every day. As time goes on, these legislative enactments be- of “escapade” that's pretty ordinar, come more paternalistic in nature. Taxi driving is sion by the y commis- ‘sion, This-was brought to light by Ht if you tell the truth about it, and! Taxi Drivers Must Wait for Pay Because They Are | of the short ballot plan. | Senate Bills Lost. There failed to pass: i | §S. B. 39—Providing for the adoption | S. B. 23—Providing four-year terms Inasmuch as Senate Bill 27 is ren-! A statement was read from one of | dered ineffective by the failure of the the Bismarck taxi men, who had been! senate to pass Senate Bill 23, Senator} ° : for members of the house and eight- in the Professional Class": terms for members of the senate. | called by the police to make certa | facts. |Too much space 1s devoted to statis 2 ing at our door with both fists. All a Yl eet, Beween Cains Harry i join 1e in troops for ser- Pg Bata econaty 118, 00 ee the vice on the European battlefield last * . civic spirit and concentrate municipal year. Gas from the German bombs, energy upon the dig, fundamental | however, made his removal from ser- & things. vice necessary, and he was sent back | Tom ’ said, Rabindranath Tagore before sail- which suffering is probably full pun-| ishment of itself, there is the suffer-| ing of the innocent child to be con- sidered. | It {8 a case wherein justice will! be satisfied and society make a gain should President Wilson pardon tho father for sake of the child. EEE Britannia sure is finding the waves unruly. CLUB'S FUTURE. Bismarck's Commercial club is to De reorganized along new lines, not ag a reflection upon the past, but sim- ply a@ an adaptation to the exigen-| cies of the present. The retiring pres- (dent, Mr. C. L. Young, indicated in his annual report some of the things accomplished last year and made! i some pertinent recommendations fF | itor strike ought to be enough to! oe the future. Those entrusted with the club's destinies are working out a plan and within a few days will have an an- nouncement to make. There are two big problems facing course, such a large project will take time. The immediate relief is a good road to the river and adequate ferry; “pershing’s punitive expedition” | Fee Oe See eee As creasing powers of state railroad com-! faciltties. Steps have been taken to! punished, all right—like father, when | gun company, consisting of 30 officers : peace nr aton: alee mois this end. he spanked little Willie, who had a/and 524 men. ‘that all freight rates in sihillir clase The other pressing need is a thor- ough study of our freight rate prob- lem. Here especially progress must be made slowly. Schemes for relief fathered by other commercial clubs | may be prejudicial to Bismarck. The! rate situdtiontymust ‘be studied as it affects our industries. There are a number of inequalities and apparent} discriminations, many of which would | be remedied if put up fairly to the | traffic managers of the railroads. | Cool, level-headed action is all that} is necessary. | If. the club concentrates its efforts On these two things and shows some measure of accomplishment, it will! ‘De busy the next twelve months. The | bridge problem embraces the broad j{ Subject of good roads and the devel- | opment of the Red Trail. Now is the time t oget out advance matter on the advantages of the scenic route to Yellowstone Park The Yellowstone | Trail is busy circularizing automo- ‘dile clubs, furnishing copy to guide ‘books and spreading well directed vollies of publicity. No time should be lost in employ: ing @ secretary. With the legislature in session, the need is especially pressing. The future is big with possibilities for Bismarck. Opportunity is pound- . “America is like a four-year-old | child beginning to ask questions," to India. Couldn’t you an- Unfortunately, laws do not redeem mankind. Often they make the prob- lem of redemption more complex and postpone rather than hasten the dawn of the millenium, If political purity could be reached by the legislative route, how many would be wearing wings right now? Democracy, triumphant and mili- | tant, ts not going to cure all the ills of the body politic. The real solu- tion lies primarily in a return to the {old-established American system of | government with such modifications as are demanded by the exigencies of the times, rather than in resorting to an entirely new philosophy of gov- ernment and in tearing up by the roots established institutions. Zero weather, coal famine and jan. hold Chi The volcanic Tom ‘Lawson is send- ing forth pretty much all smoke, but maybe it'll result in smoking out Wall street. the Border With Us When We Cross the Rio Grande! brick in the seat of his panties. PRESS GOSSIP u——.. LETS THE PEOPLE KNOW. Minot Messenger: There is one thing about Supreme Court Judge Robinson—-he isn't afraid to tell the people of the state where he is at. NOT COPY FOR THE PRESS, Grafton News-Times: Governor Frazier feels that he cannot spare the time from his duties at the capitol dur- ing the session, and give talks at minor sessions various local organiza- tion conventions held in the state. Evi: dently our governor does not care to serve as copy for the daily pres: LEGISLATORS ARE CERE, Vailey City Times-Record: Senator Ployhar while at home brought some distinct opinions regarding legislation. He is out-spoken in opposition to some of the provisions of the proposed con- stitution, and not afraid to say so. He states that he believes that in the main the members of the legislature are trying to accomplish what they think is best for the state and are sin- cere in their efforts. GAS FROM GERMAN SHELLS MAKE REMOVAL NECESSARY Granville, N. D., Jan. 24.—“Back from the front.” That was the sen- tence passed around on the streets here last week when Harry Richard stopped off for a visit with his father, — home to recuperate. Expert Phonography and Typewriting * Phone 774 ‘once again assume its duties as na- | Mayor Lucas at the meeting ‘Monday | runs during the December cold spell. evening of this week. | “They are not in the ‘laboring Bills were up to be read and ap- | Class,” said Mayor Lucas. “They are proved. Owing to the f that city's } professionals.” | finances are short and will be until Under the ruling of the president | the money from the county is re-]| of the city commission, the taxi men | ceived, the mayor moved that only | must wait a few weeks before they pag bills be allowed. | can draw thei THE. SENATE Convened at 2 p/ m., Lieutenant-Gov- ernor A. T. Kraabel presiding. Senate bills 12 and 13, the first ex- tending women statutory limited suf: frage, after the Illinois. plan, and the second a constitutional amendment \State Troops \°_ | | Bid Farewell | To the South | Left Mercedes Early Today for | Fort Snelling To Be Muster- | ed Out of Federal Service providing for universal suffrage, were ov. signed in open session: by Lieut. Kraabel, and the pen:with«which his ‘signatures were affixed was presented to Mrs. Elizabeth Preston Anderson, president of the Women’s Christian Temperance Union of North Dakota. | Bills Introduced. | POSITIONS WANTED FOR S. B. 74, Jacobson: Providing for | an open season for beaver, from Jan- THE RETURNING SOLDIERS uary 10 to April 19 each year, and fix- | The North Dakota regiment left ing sppenay tor ae ae eave itd Mercedes for Fort Snelling this morn- | without proper identification. | ing. i S. B. 76, Senate Judiciary Commit- i | the club. One is to secure better; The first 1 ied ‘tee: Act providing for the calling in i ss é y d . he first period section carried Com- | Ce" AC ul 5 t communication with the territory Those sold shing prob- | panies B, I, G, L, the band and the @%4 payment of expenses of any judge H west of Bismarck. The first step is} apiy have quit singing “We'll Take | hospital corps, consisting of 18 offi Of another judicia! district for the trial Hi @ bridge over the Missouri river. Of cers and 264 men. ‘The train left of civil and criminal actions, in the le | Mercedes at 5 o'clock. supreme and district courts, when ae se ne En fy. (Judges are disqualified from serving. | The second section;, which left “| S. B. 77, Nelson of Richland: Inc | . This information was furnished The <imi | Tribune this afternoon in a dispatch ce and on. Siler earns shalt from Captain Murphy, acting adjutant. Coe ee een eo paced on “aD phy, acting adjutant. actual mileage; providing a reason- A. B. Weld, captain of the First | able maximum schedule of freight Nort Dakota intantry commanding charges. % company A, in a communication toj “ g, B. 78, Mostad: Providing a semi- | A, W. Lucas, writes that it has been“ monthly payday for all North Dakota the custom of several organizations of employes of public service corpora- jsivil and local organizations of the tions, ” | various states to which their eee | ments are returned to make some pre- a i | aration and take some action toward | ton ana PoRtTA eho te eco the employment of the soldiers. This yiving husband or wife; surviving |is sometimes done by co-operation be- children, personal representative or | tween the Commercial clubs and city surviving mother or father, and if the | commission or other authoritative »party first entitled to bring action f .. ;, /Shall refuse or fail to do so within 30 Jn Company A. whose station is in gays, action may be brought by the Bismarck, there will be about 50 men person next in order. is | who will be returned without positions; 5B. 1, Lindstrom: Providing for jand will be compelled to cast around operations of railways, street railways, | and hunt a place for their support, /telephone and telegraph systems, elec- says Captain Welch, who asks Mayor tric light. heat and power systems. Lucas to co-operate with the Commer- hacks, taxicabs, busses, automobile cial club of Bismarck in opening an’ garages, supply stations, bootblack employment bureau or such otherj stands and newspaper plants on the |means as may be suggested to PrO-| Sabbath. as works of necessity: pro- vide the boys with positions. |viding for the sale of foods, drugs, Bismarck no doubt will unite in @\ medicines, surgical appliances, milk, great municipal celebration for the candy and confectionery, newspapers, home-coming of the members of Com-' magazines and cigars on the Sabbath; pany A, as will be done in other cities provided that none of said commodi- of the state. Just what the nature Of ties shall be sold in any billiard hall. the event. will be has not been made} noo] room, temperance saloon, bowl- public yet. The company should reach jing alley, or any place within which a here the middle of February. .,, | Bool or billiard table is contained. That the city will take care of itf; g. B. 82, Stenmo: Providing for the soldiers is not doubted. Many have employment by county commissioners been promised their old positions. {of one or more graduate nurses or li- As to plans for the welcoming home! censed physicians whose ‘duty it shall of the boys, Mayor Lucas stated he he to regularly visit the schools and would gladly go out among the busi-!inspect and examine the pupils there- ness men himself and solicit contri-|of, such examination to be made at butions, but for the fact that business Jeast once annually, and any abnor- will take him east within a week or| malities or defects revealed to be re- ten days and that he will be absent! ported to the parents with recommen- from the city for three weeks at the dation for their guidance in conserv- Commercial club take the matter in’ ren, . its hands. In other cities auxiliaries Senate Bills Passed. to the G. A. R. and the companies are} §. B. 32—Amendment to the consti- arranging the entertainment. tution providing four-year terms for The boys bade farewell to the “bor-| county officers. |der patrol station” today. They will] §, B. 2s—Amendment providing for be mustered out of federal service at 90-day sessions.of the legislature. Fort Snelling, which will take about} § B. 27—Constitutional amendment two or three weeks. Company.A will; providing for quadrennial sessions, then proceed to its home station and) S. B, 6—Providing compensation jfor innocent . persons prisoned. ? tional guardsmen. is S. B. 80, McGray: Providing that ac- |. His suggestion was that the, ing the health of the child. or ont: wrongfully im-; McLean, author of both measures, will} today move to have the latter recon- sidered. 0 0. | HOUSE BILLS | VU. Uy H, B. 78—Havens—Creating an ‘in- dustrial insurance department, defin- ing its powers and duties and making lan appropriation for its administra- tion and providing for the creation Yi and disbursement of funds for the ‘compensation and care of workmen injured in hazardous employment. H. B. 79—O’Connor—To amend and | re-eni section 1 of chapter 148 of the session laws of the state for 1915, trelating to the compensation of elec- . tion officers, : | H. B. 80—O’Connor—To amend ‘and act section 4220 of compiled laws 3, relating to compensation of, township clerk and supervisors. t H. B. 81—Mackoff—To provide for evening schools where necessary, for adult and other persons and to appro- priate money therefor. H. B. 82—Divet—To prescribe a ; method of submitting to the judicial department of the government the {question of the constitutionality of the proposed legislation act embodied in house bill 44 and providing for the organization of the justices of the su- preme court together with the judges of the several district courts into a special court for the promulgation of an opinion as to such question. H. B. 83—O’Connor—Limiting pow- er of courts ‘to grant injunctions’ and prohibiting uing of restraining or- ders and injuctions in certain labor | matters. DG DERBY TO ST. PAUL STARTS TODAY Winnipeg, Man., Jan. 24.—Gabriel of Le Pas, cracking his whip over the heads of six Northland “Huskies” whirled out of Winnipeg at 12:35 to- | day, as pace maker in the world’s long- est dog race, which will terminate in St. Paul. Amid cheers from the crowd, ten other “trains” of howling dogs leaped out over the old Pembina trail at two minute intervals for the 522 mile drag through the snow drifts. | Drawing for positions in the race, which is being held under the auspic- es of the St. Paul Carnival associa- ‘tion, placed Campbell in first places. ‘The other drivers left in the order named: | Fred Hardman, L Pas. | Gunnar Guttorson, Arnes. | James Metcalf, La Pas. Albert Campbell, La Pas. Thordar Thordarson, Gimll. Gunnar Thomason, Heckla. Orris West, Kashabowie. Hyurtur Hanson, Selkirk. CHARLOTTE WALKER Charlotte Walker, the distinguished ‘star who will be seen at the Bismarck ‘theater tonight: in the Jesse L. Lasky production, “The Trail of the Lone- some Pine,” a Paramount Picture, was | selected by John Fox, the author of ‘the book, to play, the role of: “June,” | when his wonderful story of the Vir- ginia mountains was dramatized for the speaking stage. Miss Walker is a Southern girl and Mr. Fox consider® ed her the ideal heroine for his story. ing Miss Walker is Theo- dore Roberts, Thomas Meighan, Earl Foxe, Park Jones and other members * of the Lasky all-star stock: company Editor’s Note:—This is another of a series of articles dealing with the report recently issued by the board of regents on North Dako- ta’s educationa! institutions. After reading better than one-third of the recent report prepared by the federal bureau of education, one ma- jor defect is apparent. Too much space is devoted to a historical sketch of the various institutions. The edu- cational experts skate around the edges. Between the lines there is a studied effort to avoid unpleasant re- velations. Criticisms are glossed over and buried in a mass of data already well known and of record in our edu- cational annals. The report seems to be directed more for the information of strangers not conversant with conditions here. It was the intent of the board of re- gents act, to direct, the searchlight of publicity upon thé shortcomings of the various institutions rather than to develop and expand purely historical Probably the law creating the board was unfortunate in that the duty of assisting in the survey was assigned to the educational commissioner. It would have been better had a survey been provided by men wholly disin- terested and unhampered by any con- siderations, even. affiliation with the educational system of the state in the remotest degree. The report merely proves how hard it is to get an educational survey. tical matter from old reports, not Report on Educational Institutions Devotes Much Space to Ancient History enough to a searching analysis into costs of operation, and standards maintained here in comparison with institutions of accepted rating in oth- er states. i Some chapters of this report consist of a mere copy of the courses from the college bulletins and the lifting Dodily of statutes affecting the var- fous institutions. There has been a scrupulous attempt made to put in as little that would offend or disturb the perennial placidity of the educational clique. The report must come as a distinct disappointment to anyone who desires to find there a clear diagnosis of our educational ills and a prescription for the remedy. ‘The report has every earmark of be- ing dominated by the educational ring which for years has declared when in- vestigations were imminent “So far shalt thou go and no farther.” That same influence is now seeking in the present budget to secure im- mense appropriations from the state treasury without being able to show to the taxpayers an adequate returp for large sums already expended. It was hoped that this report would guide budget making, but it is practi- cally silent on costs except to recom: mend more members of the faculty and increased salaries. The writer has waded through many pages of closely printed matter, as dry and unenlightening as a: congressional record. It is fervently hoped that something tangible can be bagged be- fore the concluding article is written. WET SESSION WN UPPER ROU ND BILLS PASS Except for Probable Report of Committee on State Affairs Little Is Doing GOVERNOR FRAZIER HAS SIGNED THREE NEW LAWS A quiet session was anticipated in the senate this afternoon. ‘No senate bills were on the calendar for third reading; few new bills were introduc- ed, and except for some possible ex- ‘citement.in an anticipated report from the committee on state affairs on Gov. ernor Frazier's second nomination of five new members of the board of re- gents, there was very little doing. The senate is conserving its ener- gies for the final battle on house bill No. 44, the new constitution, which is expected to come over from the house tomorrow, The bill will go either to the committee on state affairs, headed by Senator Hyland, or to the commit- tee on judiciary, of which Senator Mc- Bride is chairman, and probably will be considerably amended before being reported out. ‘ Secretary of the Senate Prater had at his desk this morning a stack of Non-Partisan Leader petitions ad- dressed to various members of the senate and directed to the secretary, as per printed instructions. It was expected that these would be read. The two longest petitions were from the districts of Senator Wilford and | Senator Paulson. Many of the peti- tions have less than a half-dozen names. =~ i Some house bills came up for their first and second reading, and a num- ber of senate bills were reported out of committee. Senate Bills Signed. The first three acts signed by Gov- ernor Frazier are senate bills Nos, 12 and 13, the suffrage measures, and No, 15, by Beck, relating to the malicious burning or destruction. of farm prop: erty. The fact that the governor's signature had been attached to these three measures, and to house bill No. 19, hy Smith of Kidder, repealing the. fee charged by auditors for filing town- ship .officers’ bonds, was reported to the senate this afternoon. A) oe | SUPREME COURT | B d In the. Supreme Court, State of North ta. Fred T, Brastrup, Plaintiff and Appel- Tant;. | vs. Fannel: Ellingson, Gunnar Ellingson and The ‘Farm Mortgage Loan & Trust: Company, a Corporation, De- fendants. and. Respondents. (1)-"Wheré’a debtor assigns by way of pledge his right to recover purchase money from one who hes purchased Jand from him under an executory con- tract and also mortgages his interest in the land to the same creditor, the pledge and the mortgage are linked and the whole transaction is considet- ed as a hypothecation of the beneficial interest of the debtor in the contract and in the land. (2) Where, in pursuance of a de- cree of foreclosure, the vendor's inter- est in the land contract and his inter- est in the-land are subjected to separ- ate sales and both are sold to the cred- the payment of a nominal sum, the former ‘has a prior right in equity to the purchase money due under the contract. ' Syllabus by the court: ‘Appealed from district court of Fos- ter county; J. A. Coffey, judge. Affirmed. Opinion of the court by Birdzell, J. Geo. H. Stillman, of Carrington, N. D., attorney for plaintiff and appellant. Edward P. Kelly, of Carrington, N. D., attorney for respondents. FROM EDDY COUNTY. The State of North Dakota, Plaintiff and Respondent; vs. James Riordan, Defendant and Apel- lant. Syllabus: Instruction. (1) Certain instructions examined and held to be prejudcial. (2) Where a court gives an instruc- tion to the jury on a point of vital im- portance to tho defendant, {n'a crim!- nal case, and in thesinstruction as to such point considers that pohit ‘alone, and does not include consideration of Criminal Law—Courts— \the whole caso ‘and all the testimony of the case in connection With such instruction, it is held to be prejudicial error. ‘ From an order denying motion for a@ new trial. Aypeal from the district court of Eddy county, Hon. C. 'W. Butz, J. Defendant appeals." ! *''*” Reversed. Opinion of thé°¢outt by Grace, J., Robinson, J., dissenting. R. F. Rinker and Orville W. Duell, New Rockford, N, D., attorneys for plaintiff and respondent. N. J. Bothne, New Rockford, N. D., attorney for defendant and appellant. FROM DICKEY COUNTY. John Kupfer and Harland Kupfer, Plaintiffs and Appellants; —_vs. James McConville, Defendant and Re- spondent. Syllabus: (1) | Contract—Non-per- formance—Recovery. Where one makes @ contract with another to perform certain work at a stated contract price, and fails to per- form or carry out his part of the con- tract and perform precedent condi- tions incumbent on him to perform, No recovery can be had on such con- tract for the contract price by reason of such non-performance. (2). Mechanic’s Lien. ‘Where! a-mechanic’s lien is claimed by reason of the alleged performance of a certain contract and it is found there was no performance of such con- tract. such mechanic's lien never at- tached or became a lien and therefore there is no lien upon which foreclos- ure can be had. Appeal from a judgment of the dis- trict court of Dickey county. Hon. Frank P. Allen,'J.’’ Plaintiffs appeal. Affirmed. aU “aise Opinion of the court by Grace, J. F. J. Graham and E. E. Cassels, El- lendale, attorneys for plaintiffs and appellants. W. S. Lauder, Wahpeton, attorney for defendant and respondent. FROM TRAILL’COUNTY. G. H. Stevens, Plaintiff and Appel- lant, vs. The National Elevator Company, a Corporation, Defendant and Re - spondent. Syllabus: (1). Where an action properly tryable to a jury is tried to the court without a jury, the findings of fact are presumed to be correct, and will not be disturbed on appeal unless shown to be clearly opposed to the preponderance of the evidence. (2). Where a cropper'’s contract re-- serves title to all crops in the land- owner, until a division of such crops is made, and the lessee prior to such division sells and delivers to an in- nocent purchaser grain whicn would belong to such lessee as his share up- on a division of such crops, and the owner of the land, basing his claim of ownership upon the reservation of itor as the highest bidder, the two in-| title provided in the t, struments, the contract and the mort-|the purchaser for voonversion, tee gage, do not lose their identity as/right of the parties to such action parts of the one security transaction.| must be determined on equitable prin- (3) The assignee of the vendor] ciples and the land-owner is entitled who redeems the land contract by the/to recover such amount only as will payment of a nominal sum for which | compensate him for the amount of his the same was bid in at the sale, to-| actual interest in such grain. gether with the statutory interest.} From a judgment of the District takes the contract subject to equities Court of Trail! County; Pollock, J. existing in favor of the unpaid credit-| Plaintiff appeals. or. Affirmed. (4) As between the unpaid credit-| Opinion of the Court by Christian: or who has the interest of | son, J. ‘hhis debtor ‘as vendor under the land| Chas. A. Lyche, Hatton, and F. W. contract for a substantial sum and a] Ames, Mayville, Attorneys for Appel- veh ed assignee of the contract sate sag RAD ae es merely. redeems the contract as As Grand. Forks; Attor- “successor: in-interest.to the vendor by/ ney for Respondent 2 a5