The Bismarck Tribune Newspaper, April 23, 1917, Page 6

qi “Philadelphia St. Louis -. Nui er; Walters, Ruth fad Thomas, jes—Jo.n1 A ; Haley, W. Johnson, Craft {fied Ainemith, henry. SCOOP THE CUB REPORTER OUR GOVERNMENT ASKS | US ALL To BE. GARDENERS | AND Do ouR BIT | TOWARD INCREASING— YH’ SUPPLY OF WAR_ FOOD STUFFS ' I NEVER HAD MUCH LUCK WITH GARDENS BUT HERE GoEs MONDAY, APRIL 23, 1917. ONDER NOW IEE Cavett Em 4 LOT OF FISHIES - eee aero eee eee eas * NATIONAL LEAGUE, bi pe eee eee ee oe ee eee Club— W. New York ...... 5 St. Louis 7 B ston cago re incinnat Philadelphia Pittsburgh Brooklyn Games Saturday. Cincinnati 2; St. Lou Brooklyn 4; Philadetphia Chicago Pittsburgh | Boston 6; New York 2. Games Sunday. Chicago 4; Tineinnati 7 suis 4. cheduled, Pittsburgh No other game Games Tuesday. Boston at New York. Brooklyn at Philadelphia Chicago at Cincinnati. Pittsburga at St Li Games Saturday. Brooklyn at Philadelphia. Club— RHE. Brooklyn ... 4 10 2 Philadelphi: - 210 2 Batteries — Pfeffer and Meyers, Rixey and Killifer. Chicago at Pittsburgh. Club— RH. EL Chicago 2 B a Pittsburgh 23 Batteries — Vaugon and Wilson; Miller and Wagner. Boston at New York. Club— R. H. E. Boston ... 02 9 New York 6 Batteries—Tyler and Gow Olson and Rariden. Cincinnati at St. Louis. i Club— R. He ‘Cincinnati St. Louis Batteries. Meadows and “Snyder. Games “Sunday. Chicago at Cincinnati. Club— RLF, qaatenapells at Chicago ... oA 18 oe Cincinnati (ip Cae 1 levremabiees fers Batteries—Douglas, Packard and Aibypapel : 3 Wilson; Schneider and Wingo. iColunybus Sd 5 oo, . Toledo a4 Pittsburgh at St. Louis. 3 Day’ ens p {St Path veered eas Games Saturday. Batteries—Mamaux and Fischer; tndianapoll ie abu 4 Doak and Snyder. Kansas "5 St. Paul a. ee f AMERICAN LEAGUE, > eee ee eee oe ee ee Chib— + W. Chicago 8 Boston New York Cleveland St. Louis Washington . » Pet. Detroit . Games Saturday. 4; Boston 6. hington 11, A Philadelphia Detroit 5; Clev ‘St. Louis 0; Chicago 2. Games Sunday. ~ St. Louis 2; Chicago 3 Cleveland 4; Detroit 3. No other games scheduled. Games Tuesday. St. Louis at Detroit. Cleveland at Chicago. New York at Boston. Philadelphia at Washington. Games Saturday. St. Louis at Chicago. ‘Club— 2 | Ehmke, The lightweight ch | vorld is 1, Johnny Kilbane, ht champion, the most fighting machine in the world, Freddie Welsh, ligh 5 tho world’s clev ampionship of ak feather- perfect v It tae. the fact that Kilbane at least 12 pounds, the most serious » since he won from in London, in 1314, Ki the most dangerous fighter in 7 the world today. THe com- bines bewildering speed with a ter- rific punch and is one of the shrewd- est ring generals the game has ever! produced. Kilbane i ut his best against the greatest fighte His greatest bouts have been nst men who have threatened his title, Now they are all eliminated. Kilbane is a drug on the market in his division. He is too good for the other 122-pounders. There is only one thing for him to do—break into the lightweight divi- sion. Johnny has fought several light- weigbts, including Richie Mitchell, Benny leonard, Joe Mandot, Jose Rivers and others near the top of their class. In most cases he was returned the winner. Welsh has been able to retain his title through his defensive tactics. A shrewd boxer, he has seldom risked an opening which his opponent. might take adva bout, ley White at Colo: summer, given credil while Kil ence on nu 0-round title points from cs ‘it of consequence w: Chaney, path of ruined boxir hind him to get a ch pion. Chaney lasted ju with Kilbane. Ten-round bi disrepute, bec: ce at the cham- three rounds its have fallen without deci into ions it is so much easier for a couple of fighters to stall through without ris ing anything, than to really try th the public has been made the goat time after tiie. But this should be} different. Kilbane has everything to win and very litt'e to lose, A defeat at the hands of Welsh would not tak title, But should he defeat Welsh} he would be the holder of the title both feather and lightweight — divi- sions, This would mean thousands of dollars to him. Kilbane will:try. He doesn't fear Welsh. ‘He is;after that title. Welsh will fy, too. He will not take any chances on losing the sin cure worth thousands of dollars a year to him. Watch for May 1—It m a red letter day in boxing history Chitcago |. 5 ote. te 3.61 Batteries—Hamilton, Groom ana Severeid; Danforth, Williams and Schalk. Cleveland at Detroit. ‘Club— RH. EL Cleveland ‘ 1 Detroit . 3 1 and_ O'Neill; James, Jones’and Spencer. Batteries — Kleufer ee cee see ne eee eee eo * AMERICAN ASSOCIATION, tee eek ee eee Club— Ww. Toledo 2; Louisville 7. ings.) (Twelve inn- Games Sunday. Minneapolis St. Paul 2, Milwaukec 1 as City 4. Columbus Indianapolis 13. Louisville 4; Toledo 0, Games Tuesday. Toledo at Columbus. Indianapolis at Loui K City at Milwaukee, St. Paul at Minneapolis, Games Saturday, Indianapolis at Columbus. Club—= RHE Indianapolis - a0 ee} Batteries—Loudermilk, George and! Coleman; Northrup and Gossett. Louisville at Toledo, Club— Louisville Toledo Batteri ecbe and Brady, Bailey, Bowman and Sweeney. SOTHORON, AN IRON MAN? MAYBE NOT, BUT WATCH HIM, BY PAUL PURMAN. Speaking of fron men at a fanning bee just before the season started. mentioned the name of Allen Sotho- ruit pitcher of the St. Louis at the Yankee camp in Ma- con, Ga. Cap Huston, who since becoming a \baseball magnate, has also estab- lished himself as a walking bureau of information and enc ppedia _base-} ballica where matters of the diamona ned, was inclined to be just a trifle doubtful. Quoth Huston: ning in the minors and in n a are two differ- Th n again an iron be a soft-soap i Mind you, 1 am not casting any reflections on this winning this on} who had left a} reputations e-/ 1 | Weeecewoe ewe ee wooo on eee een enn nen neon enon nnn nnn ne. Cleverest Puncher to Meet Cleverest Blocker; Lightweight Title Hinges on Result of Fight prem ew ene e em wow ooo eocew eww eo ene nnn een nnn ne - een een nn nnn nnn nn o en een eco ooo coco ooooocceoccoooooced vecord as, an iron man or t pitcher, but 1 want a little more time to look ais work over be- fore I give him my unreserved en- dorsement.” | Very good, en captain, now let's | brouse through the records and see what we can find on Sothoron. We find that last year with Vernon, Sothoron pitched in 57 gam work- ing 397 innings, a record exceeded by only one pitcher. He won 30 and lost runs per game. he struck out 202 batsmen and al- lowed earned runs per game. During the season he struck out 202 {batsmen and allowed 158 bases on balls, | The year before Sothoron pitched al Wichita in the fence-busting West- There he worked in 42 i ern league. earned run average of 3.1 1914 his record with B y gland league) was not so ive on paper, but he good enough that Bob Hedges who owned the Browns, paid $1,600 for him. Sothoron has a good~ start year. In his debut he held th hitting’ White Sox to two hits in five innings, winning as a relief pitcher.+ iT this 17 games and allowed 2.65 earned mire his frankness. During the season games, Won L6 and Jost 17, with anj, His next start was against Cleveland and he was nicked for one bingle, pitching shutout ball. Maybe Sothoron won’t be an iron man. But he’s a big: athléte' with a world of strength anda’side-arm de- livery that is miguty baffling. ‘He'll be worth watching, «i paareaeetn 2 CT SHORT SLANTS AT SPORTS. St. Paul ball club has a_ player jamed Bohne. We can’t heip but ad- Recruiting sergeants roosting at the marriage license counters are about as popular as the home club pitcher when he forces over the win- ning run with a pass. Joe Cantillion won't have to worry about his players being drafted. Uncle Sam doesn’t want men over 50. “Anyone who I'm a slacker is J lard. Jess prob- bly nobody would dort and ugly.” age license slacker has a permanent crimp in the mother- Ernie Shore issued his customary de- nial that he did, it apurpose. oOo A ath A didi tn de Sadie Shs s HOW WELCH AND KILBANE COMPARE Perr rerer rey eye eb .. Age... Height . » Weight . . Keach 20 12 in. BLidD BOYS WIN MAT TOURNAMENT Wrestling as a sport for blind boys has proved: successful at the Pitts- burgh school for the blind, where a wrestling team has had ‘exceptional success in matches against other schools of the smoky city. By defeating the Carnegie steel school wrestling team a few days ago, the blind wresilers won eight out of nine tournaments. Success at wrestling has stimulated athletics at the blind school. SALE OF LAND. Notice Is Hereby Given, That un- gage on such. property and there is testimony showing that at the time he took such mortgage he had knowl- edge that the sale was conditional, and the mortgagee submits evidence showing it was an absolute sale, it is a proper question for the jury wheth- er he took his mortgage without no- tice. (3). tion. ‘Mortgage. For Value, Defint- Where a past due debt was re- -| newed and was placed into new notes “| secured by chattel mortgage, and the 1! time of the payment of the whole ‘| debt was extended, the renewal of f i} such debt. and extension of time of . ars "| payment thereof constitutes and Wee : "| makes such mortgage a mortgage. for mee “| value, fs ee in “| (4)... Courts, Instructions, Prejudi- a ens a cial, Reversible Error.—Here“'a ‘debt ‘past due was renewed and placed: into new notes: secured'by chattel mort- gage, and the time’ of the payment: of the whole of said debt was definitely extended, such mortgage was a mort- gage for value, and the mortgagee is entitled to protection as a mortgagee for value, and is @ mortgagee for value as a matter of law, and the jury should have ‘been so’ instructed ‘by the court, There being no dispute of the fact about the renewal and ex- tension of time of payment of such debt, it was improper, and prejudi- cial error, to submit the question whether the mortgage was one for value to the jury, it appearing from the notes and mortgages themselves, and. from the extension of the time of der ‘authority of an Order: of Sale granted by the Honorable H. C. Brad- ley, Judge of the County Court of of the County of Burleigh, in the State of ‘North Dakota, dated the 18th day of April, A. D, 1917, the undersigned, the adwinistrator, with the will an- nexed of Charlotte ‘E: Noble, deceas- ed, will sell at private sale to the highest bidder for cash, subject. to confirmation by the Judge of said County Court, the following describ- ed land, to-wit: The ‘Southeast Quarter of the Northwest Quarter (SE 1-4 of NW 1-4) and the East Half of the South- west Quarter- (EK. 1-2'of SW: 1-4) and Lot Two (2) in Section Eighteen (18), Township One Hundred Thirty-nine (129), Range ‘Highty (80), in Burleigh County, North Dakota. The sale will be made on or after the 14th day of May, A.D. 1917. All bids: must be in writing and may ‘be left at the office of Miller, Zuger & Tillotson, attorneys for the said. administrator, Webb Block, Bis- marck, North Dakota, or filed with the judge of said County Court, or deliv- ered to the undersigned personally. FITCH C. MONTAGUE, Administrator, With the Will An- nexed, of Tharlotte BH. Noble, De- ceased, Gregory, Michigan. B. f. TILbOTSON, Agent, Bismarck, ‘N. D. “Dated, April ath; 1917, 26; 5—8) he wants to re- If Fred would fight in the war as he fights in the ring the kaiser ought to worry, Having just beaned another. batter cruit ar iment. THE ECLIPSE Columbsu 05 Batteries sossett; Brown and Coleman, ale an Milwaukee at Minneapolis, ‘Club— RAL. Milwaukee 470 Minneapolis . 312 1 Batteries — Dickerson, —Shordoll, Slapnicka and Murphy; Burk and Owens. Kansas City at St. Paul. Club— RHE. Chicago - Batteries—Koob and Severotd; ber and Schalk. - New York at Boston. Philadelphia at Washington. eee ae 9 2 115 4 Batteri ison, Hill, Keefe and Detroit at Cleveland. Z| Toledo . é Kansas City 3.7 1 St. Paul .... 161 Batteries—MoConnell and Berry; Niehaus and Glenn. Toledo at Louisville. Club— R.H. Louisville 2 Batteries—Main, Palmer and ‘Clom- ons; Schulz and Sweeney. Games Sunday. Minneapolis at St. Paul. Club— Minneapolis . St. Paul Batterie: criner and Land. Milwaukee at 2 Kenses City. Clab— Milwaukee / JA erd City Batteries—Kerr, Goodwin a: ral Pon McQuilien and Berry. BY PAUL PURMAN. The great baseball eclipse of the. year is coming. Already the shadow is cross- ing the face of one of those suns of baseball. In a fittie while the sun will be obliterated and a new sun will shine in its place. Sam Crawford is being cclipsed. ‘The grand old veteran of hundreds ot WORK OF VETERAN SAM CRAWFORD IS SHADOWED BY RISE OF SENSATIONAL HARRY HEILMAN battles is about through—and his suc- cessor is out there in the outfield where Sam ruled for many years. Hugh Jennings was fortunate in-fill- te "Grawlord’: Perhaps Harry feilman will; ford; but he to fitting than most recruits do whed brought up from ihe minors to take the place of a great star, ‘When Crawford began to slip last season the question went up from De- troit fans, “Who will replace Wahoo Sam?” who came. through with as batting} avorage of .282 last year and played good baseball both in the outfield and! on first base, q prereemenonrmererer—— oT SALE OF LAND. Notice Is Hereby Given, That un- der--autharity. of. an. Order of Sale granted by the Honorable H. C. ‘Brad- ley, Judge of the County Court of the County. of Burleigh, in the State of North’ Dakota, dated the 18th day of April, A. D. 1917, the undersigned, the. Administrator, with the will -an- nexed, of ‘Nina Downey, late of the ‘City of Portland, in the County of Multnomah and State of Oregon, De- ceased, will. sell at, private sale to the highest ‘bidder, for cash, subject to confirmation ‘by. the Judge of said County Court, the following described land; to-wit: © « Lot Six (6) and the North Ten (10) feet of Lot Seven (7), in Elock High- ty-nine (89), McKenzie & Coffin’s Ad- dition to the. City of Bismarck, Bur- leigh County, North Dakota. , The sale will be made on or after the 14th day of May, A. D} 1917, All bids must be in writing and may be left at the office of 'Miller, Zuger & Tillotson, Webb Block, Bismarck, North Dakota, or filed with the judge of said County Court, or deivered to the undersigned personally. , (BOF. TILLOTSON, Administrator, With the Will An- nexed, of: Nina.Downey, TDeceas- ed, Dated, April 18th, A. D.. 1917. (419, 26; 5—3). You will find more of the teading peopte of North Dakota registered at, rthe Radisson than at any other pote . (ethe: ‘Twin Cities: ————____— _ SUPREME COURT | From Ward County. \ W. W. Morton, plaintiff and res- pondent, vs. Wright, Barrett & Still- well Company, a corporation;:.defend- amit and appellant. - (1). Sale, Absolute or Evidence, - Confilcting, ‘Jury.—Where ‘evidence: is: confiicting ‘as to whether: the: sale: of certain per- ‘sonal property was absolute or con- ditional, the quéstion isa: proper one ‘for the jury. (3). .Mortgagee, Mortgage, Notice. — ‘Where there is a conflict of testimony as to whether a sale is conditional or the payment ‘of the debt as a: matter of law that the mortgage was one for yalue, and that the mortgagee was a mortgagee for value in good faith, and entitled to protection as such. While the chattel mortgages were ex- ecuted a few days after the execution of the notes in question, they were all patt of one transaction. Appeal from the district court of Ward county, C. M. Cooley, Special judge. ‘Reversed. Opinion of the Court by’Grace, J. Robinson, J., dissents. John E. Greene, attorney for de- fendant, of Minot, N. D. F. B. ‘Lambert, Minot, attorney. for plaintiff. From Ransom County. Alfred M. Kvello, ot al, plaintiffs and appellants, vs. City of Lisbon, defend- ants and respondents. Syllabus: (1). A finding and dectara- tion by the: City council which is ‘based upon and refers intelligently to the plans, specifications: and estimates is a prequisite to the levying of a spe- cial assessment for the erection of a standpipe under the provisions of Ar- ticle 20 of Chapter 44, of the Com- piled Laws of 1913. Such requirement is held to be mandatory, and not to have been complied with in the case at bar. (2), The provisions: of. - Section 3726 of the: Compiled, Laws, of 1913 which, require a personal inspection of the lots sought tobe: asséssed for'a local improvement ‘atid ‘a ‘determina-' tion from such inspection of tho amount to -which they will be bene- fitted, are mandatory, and are held not to have been complied with in the case at bar. Action to set aside a special assess- ment. Appeal from the District court of Ransom County. Hon. Frank P. Al- len, judge. (Plaintiffs Judgment for dofendants. appeal, Reversed. Opinion of the Court by. Bruce, Ch. Justice. Rourke, Kvello & Adams, of ‘Lisbon, ‘N. D., attorneys for plaintiffs and ap- pellants. Chas. S. Ego, P. H. Butler, and J. V. Backlund, of Lisbon, N. D., #ttornoys for defendants and respondents. From Morton County. J. Blumhardt, et. al., plaintiff and re- spondents, vs. Chas. .McDonald, as sheriff, defendant and appellant. Syllabus: 1, A proceeding for. the condemnation and destruction of in- toxicating liquors unlawfully imported into the’ state is not a civil action within the purview of Section 112 of the state constitution, limiting the jur- isdiction of a justice of the peace in civil actions to causes where the amount in’ controversy, exclusive of costs, does not exceed two hundred ($200.00) Dollars. 2. An appeal will lie from the Jud. ment entered by a justice of the peace in such proceeding; 2. A judgment regularly entered by a justice of the peace in such pfo- ceding, ordering the . destruction of liquor, catinot ‘be assailed collaterally by-means of an action against the of- ficer holding the liquor under . the judgment. From an order of the District court of Morton county, overruling a demur- rer to the complaint. ‘Nuessle, J. Defendant appeals, Reversed. as of the Court by Seon son. J. Robinson. J.. dissents, John F. Sullivan, i ‘J..A. Heder, Mandan, chelated plaintitts ond on * 1 Fa } Hl MOS | S ‘ i On, | &, H | ‘ 4 ’ ! 4, ! \ | 4 Wiatternt™