The Bismarck Tribune Newspaper, December 29, 1917, Page 4

y { ‘ PAGE 4 BISMARCK EVENING TRIBUN: THE BISMARCK TRIBUNE Entered at the Postoffice, Bismarck, N. D., as Second Class Matter ISSUED EVERY DAY GEORGE D. MANN - - - - - = = G. LOGAN PAYNE COMPANY, Special Foreign Representative. NEW YORK, Fifth Ave. Bldg.; CHICAGO, Marquette Bldg.; BOSTON, 3 Winter St.; DETROIT, Kresge Bldg.; MINNEA- POLIS, 810 Lumber Exchange. MEMBER OF ASSOCIATED PRESS The Associated Press is exclusively entitled to the use for re- publication of all news credited to it, or not otherwise credited in this paper and also the local news published herein. All rights of publication of special dispatches herein are also reserved, MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE Daily, Morning and Sunday by Carrier, per month..........$ .70 Daily, Morning, Evening and Sunday by Carrier, per month.. .90 Daily, Evening only, by Carrier, per month...........-.00085 50 Daily, Evening and Sunday, per month ...........+eeeeeeee 10 Morning or Evening by Mail in North Dakota, one year ...... 4.00 Morning or Evening by mail outside of North Dakota, one year, 6.00 Sunday in Combination with Evening or Morning by mail, one Year vals THE STATE’S OLDEST NEWSPAPER (Established 1873) CEP BO THE RESULT PLAIN. Here’s the whole sugar matter, and all the investigation possi- ble will not show anything else: 3 During the year, we sent to Europe five times as much sugar as ever before. It was a war necessity. A shortage was thus produced in this country, but we did not have ‘to pay shortage prices. Cutting down our sugar ration did not hurt us. The people know these things, and they don’t care much to know more about sugar. There isn’t going to be much weeping or gnashing of teeth.if congressional investigation doesn’t or does show up how it was done, Editor eee rere weer eresesceree OA Even little Rumania refuses to buy the German gold brick peace, THE JAPS CAN COLLECT, TOO. , Japan is “talking turkey’ to Russia after a fashion that will sit the taste of some Americans. Japan has lent the allies over half a billion dollars, the greater part of which has gone in ammu- ion and supplies to Russia, and she now notifies the Bolsheviki that, if her loans are endangered by the present racket, she’ll take compensation in the shape of Russian real estate. One hing the Bolsheviki haye negleeted to promise, and that is guaranty of loans to Russia. But how can a government that’s living largely on a promise to promiscuously divide the land with a tape measure offer its real estate as security? We've .got something like four hundred millions invested in Russia. The Japs aren’t very busy with fighting, and maybe they’ll kindly give us an object lesson on how to collect. ‘An Indiana woman found a $100 pearl in an oyster. Now will you let up on pork and eat sea things? WHO AM ‘“‘I’'? Most of us rejoice in our personal identity. We like ourselves so well that, no matter how unfortunate we are we seldom actually want to be anybody else. And each thinks of himself in the singular, whereas we ought’ to wecognize the three parts which exist in each self. There are “thtee Johns,’”’ as O. W. Holmes ‘puts it, in every man: 1.—The real John; known only to nis Maker, 2. John’s ideal of John; never the real one, and often very unlike him. 3. Thomas’ (a friend’s) idea of John; never the real John, nor John’s John, but often very unlike either. Modern psychology explains the three parts of the ‘‘self’’ as the material ‘‘me,”’ the social ‘‘me,’’ and the spiritual ‘‘me.’’ Each ‘‘me’’ in any man is always in conflict with the other two selves, and sometimes one kills off the others, and the individual becomes insane. When self-esteem possesses a kaiser, he sets Hell loose in the world. Most often one ‘‘me’’ becomes a giant while another shrinks to a dwarf. That is the common condition. Just to see that each ‘“‘me”’ is getting a fair chance, it is a good plan for a person to take stock of himself once in a while and to ask himself “Who am ‘I’??? It is generally easy to locate the material giant but often it is mighty hard to find the spiritual dwarf, Bank robbery seems to be one business that’s a little better than usual. _ That Brest-Litovsk peace conference asks all belligerents to send delegates. All right; we nominate Roosevelt. _The kaiser’s Christmas peace proposal is one sort of toy that’s still being made in Germany for foreign consumers. Tobacco, announces the Ohio experiment station, kills pests. We never found it so, Some of them would stay forever if we gave them tobacco, : ; ‘The treasury department 's there are 27 pennies per capita in circulation in this country. That’s right. Not one of them can stop anywhere. Kaiser Wilhelm’s Christmas thoughts ran to iron fists and shining swords. It must be awful for a fellow to go through life with such a disposition, Buenos Aires: newspapers are certainly establishing a pro-Ger- man reputation for President Irigoyen that won’t do Argentine any good, when peace comes. That Baroness Iona Zollerner, under arrest at Annapolis, shows that she’s not pro-German by suing her German husband for divorce, What more ean Unele Sam ask? According to himself, the ka territory to fighting for peace. Wonder if the people of Germany will be impressed by the difference, Sugar Administrator Rolph testifies that prohibition lias driven many men to ice cream sodas and thus helped to produce sugar shortage. This nation seems to be headed fight at raw water.” “The assertion that North Dakota needs $50,000,000 to supply indigent farmers with seed wheat is just as false as the one that the average cost of raising a bushel of wheat in North Dakota was $3.54,” says The North Dakota Farmer, of which Dr. E. F. Ladd is associate editor. Isn’t this a trifle strong for Doe Ladd, inasmueh as Mr. Townley is the author of both of these statements? inelinbaers Kame! | Remy CaeUNGIRMetESe BT AY 6 oO HIS MASTER’S VOICE SATURDAY, DEC. 29, 1917, CORN RESPONDS 10 BULLISH SENTIMENT Prospect of Unfavorable Weath- er Gives Stiffness to the - Grain Pits. OATS IN DEMAND BY FOREIGN CONTRACTORS Chicago, 'Ills., Dec. 28.—Storms and cold, which threatened to hinder ser- iously any improvement in traffic con- ditions on the railroads led today to an upturn in prices of corn. The mar- ket closed firm, 4@%4 to %@\%c net TRIBUNE FNANGAL DEPARTHENT| SWEEPING DEMANDS FOR RAILWAY STOCK Feeling of Confidence in Payment of Dividends by the Government. FIVE POINT RISE IN NEW HAVEN SHARES New York, Dec. 28.—Increasing rec- ognition of the advantages accruing to ‘rails from government control, espec- | ially low priced and reorganized roads, doubtless impelled the sweeping de- ;mand at materially higher levels for er has turned from fighting for’ ‘editorial control, suceeding C. W.! By Justice higher, with January 1.26% to 1.26%j that class of stocks in today’s broad fi TS > APOLOGIES - Ran Kno" ADD J. E. Robinson | Saturday Evening Letter Happy New Year. I may now report that during the closing year 1 have given all my time to the duties of my office. 1 have not made the stae a dollar of expense. All my decisions have been written with my own hand, and our good clerk, or his deputy kindly copied the same free of charge. We have not, as in former years, incurred the expense of keeping a marshal to proclaim the openings or closings of our “Honor: able Court,” or to rap for people to arise and do us reverence by stand- ing up. We just dispense with all that un-American tom{oolery. Indeel, if my friend Kositzky saould conclude to go to jail, we shall have no mar- shal to escort him. I shall have to go with him myself or give him the cominitment and trust him to go alone. You may note that when judges fail to decide as they should, I write and give the press a dissenting opinion My last dissent was in the Newberry case. I held that a false action to cancel a contract for the sale of land is not a bar to an action’ to. recover the price, but hi8 right to recover the price is, not in any manner affected by a mere attempt toi undo or rescind the sale. I think the judges fell into error by reason of the! fact that on the argument Newbury was repre it: ed by a lawyer as smart as chain lightning; and the other party was no! represented at all. In the Peter Blum case Justice Grace and I dissent. I submit my dissent to show the reasons and the paragraphs. You will note the first paragraph consists of four simple sentences, which give a full and com plete introduction to the case. The second paragraph contains a detailed statement of the facts. In writing 4 decision, essay, or even a letter, it is of great importance to divide it into proper paragraphs and to put each sentence and paragraph in its proper sequence and in good marching or der. Farmers Equity Exchange vs. Blum. ROBINSON, J., (Dissenting): Thiet is an appeal from a judgment against defendant for the value of 296 bushels of wheat at ninety-eignt cents pe bishel, This wheat he sold to the elevator company receiving payment in a check payable to the order of George Doerner. The claim is tha he had no title and that by suit ane judgment the company was compelle¢ to pay another party for the samc wheat and also that the judgment against the company is conclusive that defendant had no title to the wheat And, contrary to the fundamental prin ciples of law, it has been held thai defendant is concluded by a judg ment in the suit in which he was not a party or a privy. In each of said actions, the com plaint and the evidence show that in November, 1910, Stoffel agreed t sell to George Doerner a quarter sec tion of land for $4,400 in cash and cro] payments. The contract is in writing and in the form quite usual in crop ping contracts. It is agreed that le gal title to all grain raised on the land during each year shall be in the owner of the land. As the contrac regarding the title of the grain was made to secure payments, it was in effect a chattel mortgage. It sare {the land owner merely a lien on the grain but it was not executed and filed as a chattel mortgage. It was record- ed but the record is not noticed to sudsequent purchasers. Under _ this contract Doerner farmed the land dur- ing the years 1911, 1912, 1915 and 1914. During the last year he raised on the Jand 1,415 bus! of wheat. He gave Stoffel about £ of the wheat and from the remaining half he gave Peter Blum 296 bushels which he sold. the company at ninety-eight \cents per bushel, receiving a check payable to the order of George Doerner. ‘Doern- er sold the elevator company the re- mainder of the wheat. On February 16, 1915, ‘Stoffel the owner of the land, commenced an ac tion against the company to reco’ the value of the wheat. purchased from Doerner and from Peter Blum and received a judgment for $775.50 and costs. That action was commenced by serving a summons and complaint on the secretary of the company who gave an admission of service and re- tained Otto ‘Thress to appear as his attorney. Then on February 25, nine days after the service, an order was made for the entry of judgment. The judgment roll is in evidence and it contains the summons, complaint, the order for judgment and {the judgment and the check given to Peter Plum in the name of George ‘Doerner, and endorsed by George Doerner, but the judgment roll contains no answer. It shows no defense; it does show marks of collusion and a design to permit judgment in haste and then to bring an action against Doerner and an ac- tion against Blum by the same attor- ney who. permitted the hasty and collusive judgment against the com- vany. In regard to the law of the ca: ‘s this: 1. An express grant of ti: conveys merely a lien when it is made o secure a debt and a lien contract ‘or a lien conveys no title to the prop- erty subject to the lien. (Comp. Laws 3ec. 6709.) 2. When a party brings an action to recover on a lien, he nust state the amount due’ on the ien to show the ex‘ent of his interest in the property. When a party vas a lien on lands and crops, a sub- sequent purchaser or lien holder may vrotect himself by paying and acquir- ng prior liens and in that manner he company might well ;have pro- ected itself. 4. The complaint in his action against Peter Blum and he former complaint against the com- nany failed to state a cause of ac- ion. Neither complaint shows that anything is due to Stoffel on the land contract. 5. Peter Blum was in no- vise bound by the judgment against ° ‘he company, even if it were not a; sollusive judgment, and still the trial court held that judgment binding on ul parties. A judgment is binding only on the arties to the action or their privies, nd a privy is one who stands in the shoes or seat of one from whom he de- ives his title. A privy to a deed or udgment takes as an heir or by title sasequent to the deed or judgment. ‘o sev that Blum is in any way con- cluded or bound by judgment recov- red against Doerner, subsequent to che sale and delivery of the wheat to Plum, is contrary to the first prin- ciple of law. Renee 2 | WITH EDITORS. | > BACK TO INITIAL VENTURE J. W. P. H. DeLa, not the hero of the popular novel, “Initials Only,” but one of the veterans of the North Dakota Fourth Estate, recently con- nected with the circulation depart- ment of The Tribune, has. returned to his initial venture, The Balfour Mes- senger, of which he has reassumed Shields. In his salutation he aptly says: ; the very nature of our citizenship it is to be expected that some divers- {ity of sympathy may exist, but there | is positively no excuse for anything that even verges on disloyalty.” ! HERE’S TO YOU, J. M. Ten years ago last week M. J. Con- nolly and The Herald Equipment ar- ‘rived in New England.’ C. C. Mead brought the editor and all equipment cross country in a lumber wagon, “and,” says The Herald, “to tell the truth, his team of ponies did not have a very heavy load.” “Politically The Messenger will be M. L. Ayers established The Herald, different than when under my for-, and later J. M. Connolly, who had mer direction. It will be independent, been city editor of the Dickinson not what is ordinarily classed as a Press for three years, became inter- political paper, but rather given to ested in it, and in 1909 he joined with the advocacy of principles and modes his hrother. M. J.. in buying the paper. of life that tend to produce good Commenting upon the Herald's tea: birthday, Editor Connolly says: and a beginning made on the eleventh. The Herald has had its lean years and its fat years the same as the farmers, merchants, and other busi- ness institutions, and, like others. is still on top and improving every , year.” i 'TIS PASSING STRANGE One of those curious coincidences that occasionally crop out in the course of newspaper eventualities, and which might be taken by some ito have a deep. dark and_ sinister meaning. is the fact that neither the Bottineau Courant, the Kenmare Journal, the Cando Record, the Mo- hall Nonpartisan or the Amidon Farm- ers News, all owned and céntrolled ; by “the Nonpartisan’, Beague.? ‘mide even the briefest mentions in its | columns of the recent conviétfon of Mrs. Kate Richards ‘O'Hare -for mak- ing seditions utterances in a speech she delivered at Bowman last fall. The case attracted state, and al- most nation, wide attention. and the failure of the unsubsidized and un- muzzled Nonpartisan press to men- tion the conviction is, as Uncle Dave Guss would say, indeed passing strange.—The Wolford Mirror. TOUGH ON BOWMAN The people of Bowman in the southwestern part of the state. who graciously entertained the anarchistic Mrs. O’Hare there some time, ago, will ‘no doubt be interested in her | appreciation of them ‘contained + in her statement as follows: “A, little. sordid: sun-blistered, _ wind-blown, frost-seared frontier, ordinarily be- | neath the notice of one of the cardin- als of ‘the socialiste heirarchy, but made on this occasion because there existed there one who had shown un- usual loyalty to the cause. “A solid. substantial. stolid. com- ; monplace farmer-type of crowd greet- ed me there. The meeting was com- monplace, and the audience was com- monplace. There was nothing to | over-balance my reason and smite me , With the hydrophobia of treason.”— Dunn County Settler. THE ONLY DIFFERENCE The only differnece between Mrs. ; O'Hare and some of the others who preached sedition in this state is that she paid no attention to the hand writing on the wall while the others i did. She kept on until she had to cross the threshold of the prison door. The others stopped just on the outside.—Inkster Enterprise "AMERICAN LINER AIMS 70 STRIKE NEAR PERISCOPE Boston, Dec. 23.—Four German sub- marines were captured recently by twelve American destroyers, accord- ing to an American seaman who reached his home here from a French !port Friday night. London, Dec. 29.—A German sub- marine was sunk by the fire of guns of an American passenger steamer ap- proaching the British coast Thursday, according to reports of the passeng- ers and gunners aboard. The ship was proceeding at full speed at about noon in a very smooth sea. The weather conditions were such as to make the best visibility. A periscope was sighted by the watch on the bridge and the submarine was seen plainly by the passengers as it came to the surface at a distance of about 1,500 yards directly in the wake of the ship. The steamer was brought about sharply and the two guns of the ves- el fired with only an interval of two seconds between the shots. The sec- ond shell exploded and debris from the submarine was seen flying in the air. Aferward no trace of the submar- ine was visible. The convoy signalled to the liner: “A direct hit.” The watch on the bridge and the gunners and passengers. confirmed this verdict. No trace of a torpedo was seen. The incident passed so quickly that there was no alarm or panic. Pass- “Never in the history of our na-' “With this issue the Herald starts tion has there been greater need of Volume II, No. 1, which means that intense loyalty than now. Owing to ten full years have been completed engers who came running to the deck at the sound of guns were told that the excitement was all over. Sonu suycrennagssitit and May 1.25. Oats gained % to 1%\c. There were losses of 20 to Tic in provisions. . It was not until after midday that bullish sentiment predominated r¢g- garding corn. Weakness earlier was largely due to notice that the directors of the exchange had prohibited fur- ther trading in the December option, , and active market. This feeling was encouraged by the declaration of initial dividends on the ‘new 7,and 6 per cent preferred shares j of the Rock Island road. These issues made extreme gains of 13 and 11 points respectively for the day and i 21% to 23% points over Wednesday's final quotations. In keeping with the theory of gov- and had fixed a settling price. As such immediate supplies, the market was eased to a notable extent. “Later, however, the attention of dealers focussed on the outlook for protracted unfavorable weather and the likeli- hood that the crop movement would he kept down to small proportions. Buying on the part of export houses seemed to be chiefly responsible for the strength of oais. Liquidation of December holdings weakened the market at first, but the effect failed to last. Sharp breaks in the value of hogs carried down provisions. The hog ; market here was overburdened with arrivals, and there were predictions of heavy receipts throughout January. QUIET YEAR END. ‘Boston, Dec. 28—The Commercial Bulletin will say tomorrow: The last week of the year, true to form, has been a quiet one. Prices, except on fine short clothing wools, have been very firm on all grades, and with the development of the last week, there has been no disposition on any less money. “The situation at the mills is not a very strong one and bids fair to keep #0, with the machinery orders being increased more or less steadily.” Security basis: Fine 8 months 1.55 @1.60, California Northern 1.70@1.75, middle county 1.55@1.60. Oregon eastern number 1 staple 1.80 @1.82; eastern ‘clothing 1.50@1.60; valley No. 1, 1.65@1.70 territory; fine staples 1.80@1.85; half blood comb- ing 1.75@1.8 three-eights blood combing 1.45@1.50; fine clothing 1.60 @1.65; fine medium clothing 1.55@ 1.60; ulled: extra 1.80@1.85; A. A. 1.70@1.80; A. supers 1.60@1.65. {oe CHICAGO GRAIN. Corn— Jan. ... 1.26 1.26% 1.25%. 1.26% May 1.244% 1.25% 1.24 1.25 Oats— Dec. ... .77 19% 17 79 May... .75% 76% = 77 19 MINN EAPOLIS GRAIN. unchanged. Standard flour in carload lots quoted at 9.75 in 98 pound coton sacks. Shipments 43,666 barrels. Barley 1.29@1.59. Rye 1.844%@1.85% Bran 32.50. Wheat receipts 144 cars, compared with 175 a year ago. Corn, No. 3, yellow 1.73@1.78. Oats, No. 3, white. .78% @.79%. Flax, 3.48% @3.47%4. OMAHA LIVE STOCK. Omaha, Nebr., Dec. 28.—Hogs—Re- ceipts 8,000; lower; heavy 16.40@ 16.70: mixed 16.45@16.60; light 16.35 @16.75; pigs 18.00@16.50; bulk 186.45 @16.60. Cattle—Receipts 2,600; steady to stronger; native steers 8.50@13.50; cows and heifers 6.50@10.25; western steers 7.50@17.50; cows and heifers ( 6.00@9.00; canners 5.00@6.00; stock- ers and feeders 6.50@11.75; calves action removed pressing necessity fori the part of the holders to sell wool for | Minneapolis, Minn., Dec. 28.—Flour ' ernmental guarantees was the five point rise in New Haven. A $45,000,- 000 note obligation of that company matures next May and it is assumed that Washington will take on that burden. . | Kvidently the same line of reason- ing applied to various utilities, gains ‘ot 3% to 5% points in that group re- sulting from buying based on the be- lief of a maintenance of dividends. Investment rails retained practical- ly all of yesterday's substantial gains, where they were not supplemented by further advances of 2 to 5 points, nowably in pacifics, grangers and some of the coalers. Seasoned industrials, equipments, coppers, motors and a score of spec- ialties registered gross advances of 2 to 5 points, these being partly sur- rendered in the realizing of the last hour. Sales amounted to 1,185,000 shares. | .The general bond market, especially rails, was strong on more diversified demand. Liberty 4’s ruled at 97.02 to 96.90 and the 3%’s at 93.52 to 98.40. Total sales (par value) aggre- gated $7,125,000. Old United States 4’s rose quarter per cent on call. 8:75@12.75; bulls, stags, ete. 6,50@ 9.00. Sheep—Receipts 5,000; steady to 10c higher; yearlings 11.75@13:25; wethers 10.50@12.50; ewes 9.75@ 11.25; lambs 14.50@16.50. ST. PAUL LIVE STOCK. St. Paul, Minn., Dec. 28.—Receipts. €,200; 2ic lower; range 16.00@16.50; bulk 16.38@16.40. Cattle— Receipts 2,100; _—ikillers Steady; steers 5.50@15.00; cows and heifers 6.00@9.50; veal calves steady, 5.50@14.25; stockers and feeders slow and steady 5.00@10.00, Sheep—Receipts 150 steady; lambs 8.00@16.00; wethers 7.00@13.00; ewes 5.00@10.75. CHICAGO LIVE STOCK. Chicago, Ills., Dec. 28.—Hogs—Re- | ceipts 39,000; bulk 16.45@16.680; light 15.80@16. mixed = 16.20@16.80; heavy 16.20@16.80; rough 16.20@ 16.35; pigs 11.75@15.75. Cattle—Receipts 7,000, steady; na- tive beef steers 7.35@14.25; stockers and feeders 6.60@10.20; cows and heifers 5.20@11.30; calves 8.50@16.00. Sheep—Receipts 7,000, firm; weth- ers 9.00@13.10; ewes 8.00@11.90; lambs 12.75@16.75. WEATHER NOT BAD _ " A-TALL SAYS SEN. CAHILL OF LEITH Weather conditions in the south- ‘western section of the state are su- ; Perior to those of last December, re- ports Senator J. I. Cahill of Leith, in the city while en route home from Mandan, where he had ‘attended the last rites for his late confrere, Rep. L. D. Wiley. Trains are running near schedule, says the Grant county sen- ator; no one has been snowed in, and ‘there has been comparatively little hardship. Stock is doing as well as could be expected on a light range. — NEW YEAR'S EVE BENEFIT DANCE Given By TICKETS $1.00 MODERN BROTHERHOOD OF AMERICA Proceeds to be turned into Soldiers’ War Risk Fund. PATTERSON HALL DECEMBER 31ST, 1917. — Everyone Cordially Invited Brown « Jones “The Satistaction Store” The Most of the Best for the Least - 1918. We extend to every resident Wish to thank all their customers for their patronage throughout 1917—and solicit a continuation of it for of Bismarck and vicinity the compliments of the season, wishing them all a Happy and Prosperous New Year. OUR STORE WILL BE OPEN UNTIL NINE O'CLOCK MON- DAY EVENING, AND CLOSED ALL DAY TUESDA LESTE LES EEE LILLE ELL DDE ADELINE LL LE LEADER uiatiiniie | : hadi 2 s SSS v4 A ry