The Bismarck Tribune Newspaper, December 22, 1917, Page 4

_ Won't stand for is any attempt by po-| THE TRIBUNE Entered at the Postoffice, Bismarck. N._D., as Second Class Matter. | ISSUED EVERY DAY GEORGE D. MANN, - - - Editor) G. LOGAN PAYNE COMPANY, Special Foreign Representative. BECOMES INSTITUTION. The Bismarck Tridune has made Judge Robinson's Saturday evening Letter a ational institution. The NEW YORK, Fifth Ave. Bldg.; CHI-| Tribune was the first newspaper in CAGO, Marquette Bldg.; BOSTON,| North Dakuta to recognize the fact 3 Winter St.; DE@ROIT, Kresge! that, radical or no, a peculiar news Bldg.; MINNEAPOLIS, 810 Lumber| y:lue was attached to this innoation, Exchange. _ |introduced perhaps for the first time | 7 ‘ag jin America by a justice of the de yaieei a oa preme court. More than eighty years entitlea to the use for republication ot ee iat Jaa ear seer ta ited to it or not other- Deen o Le all Lapel bth thi aper and also| h character compelling atten- eee Ne etickeg herein | Sou. His letters from their inaugur- Ail rights of republication of special |“ appeared regularly only in e, andi they have been.a hereiti are also reserved m1 builder. They have been DIT BUREAU OF CIR- id commented on by such; CULATION. ernational newspapers as : aT 7 = 7 pristian ience Monitor of UE ON Bees eee m. ‘This week The Tribune re- ADV! Waily, Morning and Sunday by Carrier, per mouth ........++- aily, Morning, Evening and Sun- day, by Carrier, per mouth.. Daily, Evening only, by Carrier, per month ....... Datly, Evening and Sunday, per month ........... ere tence Morning or Evening by Mail in North Dakota, one year ...... Morning or Evenipg by mail out- side of North Dut s:4, one year, 6.00 Sunday, ir Copjvination with Prening ot Moraine by, mals 6.00 one oF lipped out and pasted one year .. Q ‘in the family Bible. A newspaper tru- THE STATE'S OLDEST NEWSPAPEK |]y representative must be a clearing (Established_1873) h for news and views, not merely ‘or of editorial opinion. And e Tribune, whether it agrees with t Judge Robinson says or not, found his letters worth { from Huntington, West Va., a} ing upon part of one Robinson's recent letters. r of the West Virginia pa-, ing desired a complete copy ular letter. This week iey of nation prominence d to the w edition of ight not miss letters. From es a letter from a sub- how he and his! serly each week and every has al WEATHER REPORT. For twenty-four hours ending at noon pul Dec. 22. Temperature at 7 a. m. . Temperature at noon Highest yesterday Lowest terday .... Lowest last night Precipitation .. Highest wind veloc our ceurt has passed m hearing spread constitutionality of act. We have also isions in several of and we hope to er before the and grammar class are in- ed to read carefully the appended inion and to note well the construc- order of the sentences and) hs. The first paragraph concise statement of the case: » second states the evidence and Forecast: For North Dakota: Probably tonigat and Sunday, rising temp ture tonight in the east and central portions; colder Sunday. y snow Tennereance then comes the law, the argument and Fargo ..... 2 the final clincher. While a sentence Williston. "3 is a unit of thought, a paragraph is Pierre .. 16 ja unit of closely related thoughts or St. Paul . : 18 | Seatences. In g00d prose composition Helena .. * 98 | there is usually one, two or three par- Chicago ......... , agraphs on each page. To the eye jand mind there is a forbidding look Current 1 a page of solid printing without j2uy mark of a paragraph. The book jof Jonah and the whale consists of co ‘ : 44 aah 9, ripeckol pat gyro short chapters which are really —— 2 = paragraphs. The first tells how Jonah . was called to preach to the wicked BEYOND REACH OF GOLD. city of Nineveh. The second tells of Jonn D -Rockefeller’s Cleveland res- hie thea in the poly ot the wenele. ae : »{The third tells of his preaching to Monee Nas burned, but he can Puy iho people of the city and of thelr eee one: repentance and forgiveness, The But, in this fire, the old billionaire| fourth paragfaph ‘tells of Jonah and Jost family pictures and keepsakes | his gourd, and it vindicates the ways. that must have been very precious to| of the Lord in having mercy on the him and that cannot be replaced. Door people of ‘Nineveh. Fi _| You will note that in the following et, there are things that money opinion | dissent from the other ‘ot buy. There are things repre-| judges and claim that when a person sefting human service and sou! that| sells land he does not forfeit a right gagi cannot reach, , | \to recover the purchase price by a se false action or a mere attempt to re- ‘i — aloes sat gia! thé gale. What think you of it? BARBY OBJECTION OF THIS 'W: Kalberg vs. Newberry. We don’t know whettier or atot he’ R6binsbn,' J.: (Dissenting.) In this hinting at a babyless day in ¢ se the plaintiff seems to have been week, but that arch-pacifist, avid in the distress of Esau when he sold Starr Jordan, is certainly after the! his birthright for a mess of .pottage. babies in this book. “War and the! and taking advantage of his necessity Breed,” for keeps. | tail distress, Cashier Newberry ob- “Traumatic neurosis,” writes David) * ed his signature to a paper con- ing to the sale of his land at $25 “a thervous di i ain | Per ». ‘The next day he obtained ie a ia neha ares au deed of the land and the next day, ells,” due to gun shock, “it is be-|Novemier 21, 1914, Newberry sold lieved, affects the germ cells, ren-|the land to one Gunke at, $29.50 per dering a man less fit’ for parentage.”|acre. In the course of time he al- Don’t enlist, don't buy bonds, don't owed [he plaintift $8000 on $25 an a \a . The cl ti is that back up Wilson, lest you encourage ne Catnn: Of. plain peas erry was his creditor and bank- the production of a lot of nervous! or and confidential advisor; that the babies, is the idea. Fight with the! deed to him was made in trust rely- big guns and breed neurotics is the its on his pre to sell the land horrible prospect. jand to pay ph f the entire pur- President Jordan's latest war scare cae Pelee, Tees (he Nene and mor: may have the desired sick-sheep, sl | found a verdict in tiff for $1,440, the weep-into-the-flag influence upon his land at $29.5 some folks newly blessed with or? to the verdict the contemplating babies, but the vast court gave dgment for defendant ‘and the plaintiff appeals, majority of the folks will still prefer | "Tho verdict is well sustained by the further babies warlike enough to eat! positive evidence and by the. facts up their nursing bottles to the sort!and circumstances. The plaintiff was that’s too darned good and anaemic) !areely ee to Newberry op ie i 3 ank on per cent paper, and the to kick against anything. | cashier was pressing him for payment. = ee | Plaintiff testifies: “In the early morn- CUT CUT POLITICS. jing when he was milking, Banker ‘ | Newberry came in his auto and went There is no objection to congress tq the arn and said that he had a going as far as it likes in investigat- for the land. He had a piece of ing army and navy expeditures ar 1 nd wanted me to sign it. 1 policy, so long as there is no disposi- “‘ i 25 an acre fs too cheap. He tion to go farther than get the truth |.) whatever. the Jand: sells tor at for the public and speed up prepara lewis a te aaa ie aaten ay ara-| er to you. ed it. Next Saturday tions. If there has been unnece jl saw Banker Newberry at the bank delay, or official delinquency, or graft,| T se tore pes vente the oo or favoritism, or anything that ma} the land. Jacked kim the price.' He would not tell me. f signed the deed for inefficiency—by all means get \ left it with him. He gave me no the facts. The public will stand for that. pape} In January he said he would But one thing the folks back home ; not settle until Ganske settled up. He id he would not do anything before the 15th day of March when Ganske was to pay up. After March 15th, I had McCue go to the bank to get a settlement.| I got no settlement. Newberry never paid me one penny.” The testimony of the plaintiff is well supported by the facts and cir- cumstances. If the deed to Newberry litical congressmen to use this war for the advantage of their party. that goes for all parties. When our boys get over there, they} are something bigger than Democrats or Republicans; they are American! had been an absolute sale at $25 an soldiers. And the folk will be more And rday Evening Letter By Justice J. E.. Robinson acre, the proper thing for him was to have made a settlement with plaintiff at the time of receiving the decd. That was the time for him to settle and to turn over to plaintiff his 12 per cent paper, release the mortgages and pay to him the balance. That is just what Newberry or any honest banker would have done had he bought the land at $25 an acre. The jury believed, and had a right to be- stimony of the plaintiff in regard to the price of the land and the court had no right to order judgment contrary to the verdict. In March, 1915, the plaintiff com- menced an ill-advised action against Newberry. The complaint stated facts to show that for a long time Newberry had heen the banker and advisor of the plaintiff and held a large amount of securities against him; that plaintiff had reposed confi- dence in Newverry; that the deed was obtained by undue influence and by taking a grossly unfair alvantage of the plaintiff's necessity and distress. However the rescission suit was a mere blunder. In any view of the! case the deed to Newberry gave him} an adsolute power to sell the land andj to account for the proceeds and under that power he had sold the land for $29.50 an acre, Ganske, the purchaser, not made a party to the suit and hat reason the court justly held jurisdiction over for that it had = no Ganske or-his contract and dismissed} the action. Then this action was commenced to recover $1,440, the balance of the pur- chase price and the jury found in fa- vor of the plaintiff. But counsel for Newberry contends that by the false action to rescind re contract and cancel the deed the plaintiff waived the right, to an action to recover the; purchase’ price of tNe land. And{ strange to say that view appeals to our judges. Th y: “This action is brought for the purpose of recov- ering the difference between the price in the option of November 19 nacre and the price at which 1d to Ganske, namely, acre, which difference amounts to $1,449 The complaint is founded upon an alleged agreement of defendant to pay or account to the plaintiff for whatever sum was _re- ceived for the land in excess of $25 an acre. Appellant contends that the! bringing of the recission suit was not an election of remedies and that it does not preclude him from bringing this action.” Then the judges hold that the action for rescission of the contract is a bar to this action. Un- der suc ruling if the plaintiff had not received a dollar for his land, a suit to rescind his deed would bar him from ever recovering the price.* Td me that‘geems perfectly absurd. Ind deed it*seems a shame to accus@ our judges of making such a decision. When an action to rescind a sale 1s dismissed, it is dead and buried and it can serve no purpose except to bar another action for the same identical cause, There is no rule, or principle of law that a vendor, of land may forfeit the price of the sale or any part of the price by a false action or attempt to rescind the sale. ‘An ac- tion to rescind a sale is an action in equity and is triable by the court or judge, and an action to recover the money only, and it is triable by a jury. sible to unite the two causes of action because they. did: not affect all the necessary parties to the action. While Ganske was a necessary party to one cause of action, he was no party to the other cause. Both of the actions in question were commenced and prosecuted by ‘McCue, the ex-attorney general. He holds a certificate from this court that he may safely be trusted to practice law. Now if McCue was so unwise as to forfeit $1,440 of his client's money by ecuting an action to rescind a some one should make good theo los If the judges gave McCue a false certificate, it is for them to make it good by paying the money. or diréct- ing McCue to pay it or to show cause why he should not be disbarred for incompetency. McCue neglected to argue this cas He was too confi- dent. Now duty is to move for the rehearing and to set himself and the judges right or to pay the $1,440.| \MANDAN WINS THE GAME ON POINTS Spirited Basketball Before Big Crowd. price of land is an action to recover} Tho ore if not a bar to. thd}'}! other.;, Iycthis gasp, it was no permis-|, A record breaking crowd of Man-; dan basketvail fans witnessed a fast, game at that place Friday night be-| tween the Mandan and Bismarck high! school teams. The play was spirited! all of the time and a few brilliant stunts were put over, in the honors of which both shared about equally. Man- dan led at the end of the first half 14 to 10, and at the close the score of the game stood 19 to 13 in favor of the home team, Koepke, Peters and Olson starred for Mandan and Fog- erty for Bismarck. Mandon won the game on points. Briggs, referee; Tay- lor, umpire. Amost healtnfur, up-duilding med. icino gently soothes tne liver and bowels, helps digestion, sharpens the appetite, brings refreshing sleep. Hollizter's Rocky Mountain Tea, nature's gift. Thoro but no injuri- ous. BRESLOW’'S. interested in having everything done that can be done to insure them the best possible chance to do their duty and come back home whole, than they will be interested in political plays to the gallery in congress. Turn on the light! Go as far as Every loyal American wil you like in letting the people know} sucha gi i. what they ought to know about the conduct of the war. But cut out the petty politics. The Democratic party is not fighting this war. Neither is the Republican party. It is being fought, so far as Uncle Sam is in it, by the people of the United States. Let that sink home! some American Soldier’s life. ___ The United States War finest investment in the world are better than gold. them. | ceepepemenepnnmnpepeseeeneneen enn eee Give a Five Dollar U. S. Government Bond for Christmas veryone given to aid your government to save ber, 1917, and bear four per cent compound interest. Apply at your bank or postoffice for | be glad and proud to receive Savings Certificates are the . They cost $4.12 in Decem- They Why We Should Support The Red Cross Society. These United States, together with a large portion of the world, are at war. MILLIONS, not thousands, BUT MILLIONS of men are in the trenches, | along the battle fronts, on the seas, in hospitals, camps and cantonments. Hundreds of thousands of men, women and children in France, Bel- i gium and the other allied nations are wounded, sick, starving, homeless... and naked—suffering miseries beyond the conception of human’ mind to... , |, feel or pignd.to pjcture. Anne av et We: plaim, with reason, to be the foremost Christian nation in-'the world. Human kindness, generosity and sympathy are among the chief characteristics of a Christian people. Half a million of OUR BOYS are probably now in France; another million are preparing to go and will, in all likelihood, be there within the next six months. We who remain at home are “the Army behind the Army.” The Red Cross Society is our great agency upon whose shoulders is placed the responsibility of caring for the wounded, the sick, the homeless, the hungry and the cold. This great society is supported by voluntary contributions and mem- Dec. 24th. Isthe Last Day of the Big Drive : for Members to the RED CROSS If You Are Not Now _ a Member | It Is YOUR DUTY TO JOIN bership fees. If we “stay at homes” do not respond as individuals we shall stand condemned on the day of judgment. This is a personal, an individual appeal. No man can answer for us. We shall stand acquitted or con- demned according to what WE DO NOW. WE MUST GIVE THE ANSWER. It is “upto us” to light the candle behind the Red Cross Service Flag, at this Christmas time, and keep it burning clearly as long as this great Struggle shall last. : . If you have not already done it “DO IT NOW.” We must make OUR BOYS, our allied armies, the suffering men, women and children of France, Belgium and England know we appreciate their sacrifice. 4 By H. P. GODDARD, City Chairman, Red Cross Membership Drive. Enroll Now in the Red Cross THIS SPACE DONATED BY THE FOLIO WING FIRMS OF BISMARCK, N. D. First National Bank A. W. Lucas Co. Webb Bros. Bh age 8 French & Welch Johnson’s Fastest Growing Store D. T. Owens & Co. Missouri Valley Motor Co. City National Bank Knowles, the Jeweler i White’s Home Made Candies Cowan’s Drug Store Bismarck Bank Bismarck Realty Co. Bismarck Elevator & Inv. Co. Capital Security Bank Finney’s Drug Store The Hughes Electric Co. Bonham Bros., Jewelers Hoskins Holmboe Studio Publicity Film Co. First Guaranty Bank Nichols, the Tailor Marshall Oil Company Gamble Robinson Fruit Co. Motor Car Supply Co. This space acknowledged by the Red Cross Committee, ecoccccccccccccccs coccceccccccccccococccccocccccrores- cocccccocccccccccccrcccccccccccccccocccocescocccscss SS « ” Py % ' a’ ary , ’ a7 > 4 “ . ‘ ’ ae Vy -