The Bismarck Tribune Newspaper, March 14, 1917, Page 6

j i i pir innanbailonetanbtaen SCOOP jie cus, HEN ELIAS - COME GET THESE SHOES AN! SHINE EM uP~ AM! AND ELIAS-AETERNOU GET MY FIRE BUILT-COME IN AND SEE IF YOUCAN | GWE ME A BATH WITHOUT -AND SAY ELIAS GS DOWN STAIRS AND EAT FORME AND THEN ee -I DO-ENTOY A SMOKE AFTER. EATING-- Now! IF Nou WILL NINE VETERANS TD APPEAR IN BASEBALL TOC Indications Bright at. Jamestown College for Strong Team for BUD" pouggar’ =i ANNOUNCES SCHEDULE Collegians to Open May 8 With Ellendale Normal—Closing Game at Valley City (Special to the ‘to the Tri jbune.) Jamestown, N. the waning baseball a hibited at J college ball te ging out the preparing to in about three Ks. Nine Veterans Back. “Lud” Dough been linin, to the openi nd announces that indicat are he will a strong nine th togs and summer, i erans will be back | in the gan kson, Miller Wright, | Landis; Crawford, McLeod, Curr * Williams and Christ. New candidates who have appeared are: Fulton, Tho- mas Trammell and Sackerson. The 1917 Schedule. The 1917 schedule 1 nie arranged by Coach Dougherty nounced to as follo May >} lend: ue at Ell endale. May Aberdeen at Aberdeen. May 11—N. D. U. at Jamestown. May go College at Fargo. Ma; . D. U. at Grand ‘Forks. May 16—Wahpeton Science at Wah- peton. May 17—St. John’s College at St. ‘Cloud, Mi ‘lendale at Jamestown. at =A alley City 30 Valley. City. TIGERS DEFEAT VALLEY CITY INDEPENDENTS (Special to The Tribune) June 9—Valley defeating Valley City Independent basketball team here last night 32 to | 17, the Tigers, representing James- town city, gripped the championship of the northwest. The game was fast throughout, the Tigers. winning by superior team work and accuracy in shooting bas- kets. Lamb and Severn were easily the star performers for the Tigers, while Davidson played well for Valley Cit The. visitors were somewhat weak~ ened by the loss of one of their regu- lar players, who missed connections and did not arrive until the second period of play. SPRING SUITINGS AND OVERCOATINGS In the Latest Patterns Fit and Workmanship Guaranteed H. J. Vivian & Co. MERCHANT TAILORS ESTABLISHED 1878 IRVING VIVIAN, Representative Hoggart Block Opposite P.O. ‘ x PHONE 7418 Upstairs: » in earnest | | of the col} Temperance Will Win or Lose Flag | for McGraws Giants, Says Purman pit is contagious; it is the enthusi: Jamestown, N. D., March 14.—By | By PAUL PURMAN. Marlin, Texas, Maren 14.—The! ; Sreatest amount of temperament ever’ jcollected in a ball club—that’s the New York Giants. What will it mean to the Giants? | field-thesame amount of work would! Ue done because. the men are now right on their toes—they have to be | dragged off the diamond. When the rookkies came to camp Temperament can mean two things, late in February, more than half the to a ball club—a great winning ma-|Fegulars showed up with them, some- chine or an erratic combination. Wht will it mean the the Giants? Listen—As I write this the New Jett Tesreau, Benny Kauff, Rube Ben- thing almost unheard of—why? Because those men—Jack ‘Murray, York Giants look like the best balliton, McCarthy, Schupp and Way, cluy of the type since the old Cubs it is the same type of ball club an the answer, which will be read alon in the summer, will tell the story. Tf the New York Giants can ‘keep | doing for the Giants. may turn right around and do some- the same spirit they have now they knew they would be better for the ex- ra week in camp and wanted that ex- work, That is one thing temperament is Temperament are unbeatable. If they become indif-! thing else in July—but at this stage ferent, a much poorer club can beat | of the game it doesn’t seem possible. them. But the present spirit of the, Gi-i ants in itself is unbeatable. T war And when I speak of temperament to cite a few names: ‘Heinie Zimmerman, the person of The men individually believe they the neckties and lurid sox; Benny! are going to play in a world series. Alter talking to a few of them can’t help catching this enthusia: uw that is death to opposition. If Manager McGraw and Lew Mc- Carthy were to stay away from the, ; Kauff, the alleged Ty Cobb of the Feds; Buck Herzog, erstwhile man- i— ager of the Reds; Dave Robertson, asm Art Fletcher—enough temperament to make any manager but the tempera- mental ‘McGraw sit up nights and wor- ry. ‘STATE TOURNEY AT MINOT; (Associated Press) New York, March 14.—Another ac- tive season for trapshooters is indi- cated by the 1917 schedule of the Interstate association. More than 450 tournaments have been registered to date, The state tournament for North, Dakota will be held in Minot on June tournament takes place in Chicago, August 20 to 24. ORDER HEARING PETITION FOR SALE OF LAND. State of North Dakota, County of Burleigh. In County Court, Before Hon. H. C. Bradley, Judge. In the Matter of the te of Char- lotte E. Noble, deceased. Fitch C. Montague, Petitioner, vs. Albert U. Nobie, delia E. Josli: ‘anny Chapman, Ida Marantette, Willard Tuttle, McCollom, Eddie J. Tuttle, ntague, B. Chipman, Arthur and East Half (E 1-2) of Southwest Quarter (SW 1-4) and Lot Two (2), in Section Eighteen (18), in Township One Hundred Thirty-nine (139), Range Kighty (80), and the probate of said estate in Burleigh County, | North Dakota, being ancillary to the probate of the estate of said deceas- ed in the Probate Court for the Coun- ty of Livingston, in the State of Mich- igan, wherein the said Fitch €. Mon- tague is executor; And it appearing, by said petition, that there is not sufficient money or persona] estate in the hands of said sale would be for the best interests of said estate: It is Therefore Ordered, That the said petitioi’ be heard and considered by the Judge of the County Court of the said County of Burleigh at the court rooms of said Court, in the Coun- ty Court House, in the City of, Bis- marck in said County, on the 18th day of April, A. D, 1917, at 10 o’clock in the forenoon of said day. It is Further Ordered, That all per- sons interested in. said estate, appear before the Jusge of this Court at said time and place, and then and there show cause, if any there be, why said petition should not be granted, A Dated the 13th day of March, A, D. 917. By the. Court, H, C. BRADLEY, Judge of the County Court. Let the servjce of the above Order be made by publishing such order four successive weeks in the Bis- marck Tribune, of Bismarck, North Dakota, (Seal) (Seal) i H. C. BRADLEY, Judge. Miller, Zuger & qilfoteon. Attorneys, Bismarck, } WHICH REMINDS NE oF “THE TWo IRISHMEN— County, North. Dakota, Defendant and Appellant. 5 Syllabus: It is a maxim of juris- prudence ‘when one of two innocent persons must suffer by the act of a third, he by whose negligence it hap- pened must be the sufferer. Appeal from the District Court of Stark County; Hon. W. ‘C. Crawford, J. Affirmed. Opinion of the. Court ‘by Robinson, “Linde & Murphy, Bismarck, and M. |. McBride, Dickinson, Attorneys for Appellant. te E, McCurdy, Bismarck, and H. E. Haney, Belfield, Attorneys for Re- | spondent. OF WELLS COUNTY. | Hans Nelson, Plaintiff and Respond ent; cvs. \ T. F. McGue, Defendant and Appel- lant. Syllabus: (1.) Specific perform- ance. cannot be enforced in favor of a party who has not fully and fafrly performed all the conditions of the contract on his part, except when his ws | Walter M. Huntington, Petitioner (3: ain 21. 28-4) r H. F.| failure to perform is only partial and isa (ope caa pia eiy either entirely immaterial or ‘gepele PROCEEDINGS OF THE BOARD OF | Courth Ward.—-Lot 1, block 46, oF: St being. fully ecmapensattd. > Teuy Sere OMMISSIONERS, MARCH) inat plat. Inspector, @. C. Wachter; | Seeking specific performance of a con, it uate issioners | JUdBes, Joe Brown mae. “Joe Schnelder. tract suet st cases oa hisipast ” eats eee ag Commssloners Fifth Ward.—Bismarck bank build-| Sood feith and fairness on his part. met in regular session. attey | ig. Inspector, John Bostrom; judg- Appeal front ie a Shee Z Minute ‘ ee etd ai S-1 Sixth Ward.—Fire hall. Inspector, , Pet as I AHinutes of meating -held nebe dr aje| Frank McCormick; judges, Chris Hen-| Opinion of, the Peete a ane Mata OU Here Tha and ap er and Henry Richholt. ‘ont btor “aipellant g 2 The matter of the complain " : The following bills” wofc’ allowed | 5 Mr, Ferris concerniig disposition | John 0. Hanenstis Eaveane ee nad directed tp be paid fubds permit: or storm water at intersection of Ros: | bert C. en Bowdon, attorneys for | 5, Ae z l'the sidewalk at southeast corner of} S eany Coun. da aa Washbara i Saal said intersection and disposition of LM Bedi e ear tie and Re- aa 8 Ind, ‘Tel. Co. § | snow on the sidewalks was discussed |“: | 3 Register of Deeds $1.50, Street Work spondent, at ‘length, the auditor being directed *\ to look up the records as to sidewalk | construction at- that point, the other matters being referred to the City En- gineer. i cate a default judgment rests in the On motion the Board adjourned... | sound, judicial discretion of the trial Attest: R, H. THISTLETHWAITE, | Court, “And it is held that such dis- City Auditor. cretion was not abused dy refusing to vacate the default in the instant case. fy | Appeal from the District Court of SUPREME COURT * ~| Bay. County; Hon, C.. W,.Buttz, J. j z 1 irmed. Opinions of the Court ‘by Robinson and Christianson, JJ, Maddux & Rinker, New. Rockford, $189.65, $16,25, George Gussner $4.90, Matt <Andahl $27.18, Webb Bros. $30.00, Brown & Geiermann $50 00, G, C. Wachter $15,00. Commissioner Kirk reported. . that he had investigated the ‘alleged ill- | treatment of the son of Mr, Dolin and recommended that, no further, action . be taken by the Board. The petition of Webb Brothers andy seven other owners of. property on. the east side of Fourth street from Main street to Thayer street asking that OF STARK COUNTY. the street line between Main. street Pp, J. Stoffels,- Plaintiff and Respond- and the N. P. raflway track be made] ‘ent, Attorneys. for Appellant. to conform to the street line north of vs. N. J. Bothno, New Rockford, Stor. Main street was read and referred to} George J. Brown, as Sheriff of Stark| ney for Respondent. the City Attorney. The protest of L. W. Millett against damages done by the damming of water around his orchard was refer-| 2nd and Third Floor ELECTRIC ELEVATOR SERVICE vs. Hans ‘€, Hanson, Defendant, and Ap- pellant. Syllabus: (1) An application to va- red to the City Enginecr and the City! Attorney. The formal resolutions for construc: It doesn’t worry McGraw—it pleases | tion of a lateral sewer on Sixth street him, for he believes it is directed | from Front street to Sweet street right. were adopted by unanimous roll call. Zimmerman, for the first time in The following places and_ officers years, is satisfied. So is Herzog.) were designated for the city. election; Robertson, it is thought, is in a mood | to he held the 3rd of April, 1917: to be serious and play’ ball seriously. First Ward.—Old high school build- The answer is here’ John McGraw | ing, Inspector, B..E. Jones; judges, speaking: W..E. Parsons and E, C. Taylor. “Temperament may win or lose} Second Ward.—218 Fourth’ street. BISMARC K REALTY Co: ball games. 1 believe the tempera-| Inspector, J. D, McDonald: judges, 8. © ment on my club is the kind that) Lambert and &. F. Tillotson. i can’t be beaten.” Third. Ward—New high school building. Inspector, John A. Larson; Bismarck.Bank Bldg. ORDER HEARING PETITION FOR SALE OF LAND, State of North Dakota, County of Bur-/ leigh: Before Hon, H. C. Bradley, Judge. In the matter of the estate of Nina Downey, Deceased. vs, Mable Hunt Penwarden, 1, H. Robin- son, Maud Robinson Putnam, Lil- | lian Robinson Doerschalt, A. H. Flannery and Frank J. Flannery, Responden executor to pay said debts, expenses; that a sale of said real estate is nec- essary to pay the same; and that such sale would be for the best interests of said estate; i It Is Therefore Ordered, That the said petition be heard and considered by the Judge of the County Court of; the said County of Burleigh, at the court rooms of said Court, in the -;County Court House, in the City of Bismarck, in said County, on the 18th sai of April, A. D, 1917, ck in the forenvon of s s Further Ordered, That all per: sons interested in said estate appear Frank Montague and Charles Ins-j|‘before the Judge of this Court at said lee, Respondents. On reading and filing the i of Fitch C. Montague, the admi | trator with the will annexed in North Dakota, setting forth the amount of personal estate that has come to his hands, and the disposition thereof, the amount of debts outstanding against said deceased, and the ex-| penses of administration, a descrip- tion of all the real estate of which said deceased died seized, and the time and place, and then and there show cause, if any there be, why said‘ petition should not be granted. Dated the 13th day of March, A. D. 1917. By the Court. (Seal) H. C. BRADLEY, Judge of the County Court. Let the service of the above Order be made by publishing such Order for four successive weeks in the Bis- marck Tribune, of Bismarck, North |°f said deceased in the County of condition and value of the resyective | Dakota. portions thereof, and praying that li | (Seal) cense be to him granted to sell the following land telonging to the es- tate of said Chadlotte Noble, decers- ed, to-wit: 1-4) of Northwest Quarter (NW 1-4) Southeast Quarter (SE H. C. BRADLEY, Judge. Miller, Zuger & Tillotson, Attorneys, Tismarck, N. D. (3—14, 21, 28; 4—4) On reading and filing, the petition of B. F. Tillotson, administrator with in: North Dakota, set- mount of personal es- come to the hands of the } id estate in Multnomah , Oregon, and the disposition unt of debts outstand- ing against said deceased, and the ex- penscs of administration. a descrip- tion of all the real estate of which sed died seized, and the condition and value of the respective portions thereof, and praying that li- to him, said B, F., Tillotson, as administrator as aforesaid, grant: ed to sell the following described land belonging to the estate of ‘said Nina Downey, deceased, to-wit: Lot Six (6) and the North Ten (10) feet of Lot Seven (7) in Block Eighty Nine (89), McKenzie & Coffin’s Addition to, the City of Bismarck, Burleigh Coun- ty, North Dakota. And the probate of said estate in Burleigh County, North Dakota, being | ancillary to the probate of the estate! of March are raw and gusty. Many bins will be empty. If you want.the Best Serviceand the Best Lignite Coal Mined send your orders to Multnomah and State of Oregon, And it appearing, by said petition, that there is not sufficient money or personal estate in the hands of said executor to. pay. sad debts, expenses; that'a sale of said‘real estate is néc- lessary to pay the same; and that such