The Bismarck Tribune Newspaper, December 11, 1918, Page 6

THIERRY IN VIENNA! DAILY TRIBUNE REPORTS FINDS BOLSHEVIK OUTBREAK IMMI BY EDWARD M. THIERRY. N. E. A. Staff Correspondent. 3 Austria, Vir Switze c enn I find three million people in Aus tria on the edge of a Bolshevik out break, which may start at any minute, though quiet prevails for the moment. Two inachine guns and 20) rifl found hidden in one factory, are but an indication of the preparations be ing made for such an outbreak. I visited the barracks of the R Guards where there were 800 meé armed and ized by Erwin K an ex-London id Alfred formerly of ( “The Red G Welker, ards,” Walker, “propose to seize the e: he} archdukes for the public be Austrian Journalists Interview Our Reporter. I was be 1 with quest Vienna Jo with the Ger e the questions most fre food supp! yothat th food Czecho: coal STOMACH SET? Get at the Real Cause—Take Dr. Edwards’ Olive Tablets That’s what thousands of stomach sufferers are doing now. Instead of ja taking tonics, or trying to patch up a poor digestion, they are attacking the real cause of the ailment — clogged liver | | charge of permitting to escape and disordered bowels, Dr. Edwards’ Olive Tablets arouse the liver in a soothing, healing way. When | the liver and bowels are performing their natural functions, away goes indigéstion and stomach troubles. If you have a bad taste in your| mouth, tongue coated, appetite poor, lazy, don’t-care fecling, no ambition or energy, troubled with undigested foods, you should take Olive Tablets, the sub- Stitute for calomel. Dr. Edwards’ Olive Tablets are a purely yegetable compound mixed with olive oil. You will know them by their olive color. They do the work without griping, cramps or pain. ’ : ‘Take one or two at bedtime for quick Telief, so you can eat what you like, ‘At 10c and 25c per. box, All druggists. DON’T WAIT— {WILITON LIGNI Heated ENT IN AUSTRIAN CAPITAL }two weeks, under | tions. Operation of subways has been halt-! e stopped and} city is threat: | | the present ra- stores of food are supplying | nd knowledge of this, tirring revolt in the lower! whose misery is unspeakable. | sited ten charity kitchens, each of which is feeding 6,000 persons | da The ration is a half pint of; ‘ ing soup, containing cabbag tatoes and flour like sawdust. Morsel of Horsemeat fact is ./ Is Sunday Dainty. On Sunday, the | addition of a mor: recognition of the The family coal ration is 15 pounds + and 100 kilos pounds) 40 ero The cigaret ra- tion is 22 cost 10 A shaving stick cos er is $16 for dap the pr eggs or pot not to be idden to sh prieoners he through from Ita prisoners.” ve met a h girl who has seen no soap in th ns A hotel. propric it would be possi American tov ho check and told him i ite som 49 and $1 SUPREME COURT | * From Kidder County. Adelia Hogan, plaintiff and despon John Bragg, defendant an The defendant appeals from the ver-| dict and judgment for ) on the} from) hig land a prairie fire which caused the death of the plainti husband. In this case the prairie statute | does not apply as there was no se ting fire to woods, marsh, prairie or; stubble. The fire $ to the bot- tom of an old straw stack in March, when the ground was covered with snow and when there w not the! least apparent danger. Such a fire Is a matter of common and yearly oc: | currence on nearly every farm in the} state, and the defendant was in no| manner guilty of negligence in permit- | Grac ting the fire to escape after the lapse | ‘der county, PUT AN X OPPOSITE THE BEST PUNISH AND SEND IN TO THE KAISER'S FATE Coe NT W. L. Nuessle, J. Defendant appeals. Keversed and dismis Opinion of the court by Concurs in result. of twelve days and after a second | ney for appellant. snow storm Appeal from District court of Kia-| Arguments and COLD FACTS Knauf and Knauf. Jamestown, attor- | Darily neys for respondent. COAL UP NOW Dateien annchdamnonn and The best time to buy coal is now when immediate delivery is certain. Why wait for something or other to boost the price later. You know car shortage, transportation tie-ups and strikes are apt almost any time to send the price a-soaring. And you don’t want any strikes in your own household either. Then keep the cook good natured by supplying her with good clean coal that will give an even, steady heat. Keep the houseman smiling, too, with coal that burns longer and is clinker-proof. .It costs less in long run. Order Now WHILE THE WEATHER IS GOOD Famous Wilton Lignite per ton “THE COAL THA ALL COAL” s $ M 7 5 NO DUST—NO DIRT ® / NOSOOT | This coal does not clinker and contains less sulphur and ash than’ any other lignite coal mined in North Dakota ashburn te Coal Company PHONE 453 - Office Corner Ninth Street and Broadway Robinson, J. Mlsworth, Jamestown, attor-| _} ELECTROCUTE - HIM From Foster County. i Chaffee Bros. Co., a corporation, | Plaintiff, vs. Powers Elevator Co., a | corporation, defendant. | Syllabus: Where a party invites, and in | effect consents io, a ruling, he is ordi. estopped from assertimg that j the ruling was prejudicial. ; 2. An order denying a new trial en- | tered subsequent to the judgment can- {not be reviewed on an appeal from the judgment. From a judgment of the district {court of Foster county. Coffey, J. | Plaintiff appeals, ! Affirmed. Opinion of the court by Christian- ison, J. Grace J. concurs in the re- {sult. Robinson, J. dissents. T. F. McCure, Carrington, attorney | for appellant. S. B. Ellsworth, Jamestown, attor-] | ney. for respondent. From Traill County. F. E. McCurdy, plaintiff and re- spondent, vs. B. W. Aylor, defendant }and appellant. | In an action for the recovery of j;damages for breach of warranty in | the sale of ewes, which warrranty re- ated to the time when the ewes | would lamb, it ig held: 1. That there is ample evidence !from which the jury could find an ex- press warranty, ! Where a series of letters passing} between plaintiff and defendant aro! introduced as part of the cross-exam- ‘ination of the defendant, the letters are held to have a bearing upon the credibility of the defendant as a wit- jness and to have been properly ad-/| [mitted for the purpose stated, even though the letters of the plaintiff con-; ing statements. | 3% The plaintiff not claiming dam- {ages for losses accruing to him after the ewes came into his possession, ev- as to their care by the plain- properly chided. Appeal from the district court of | Trailf county, A, T. Cole, J. | Affirmed. | Opinion of the Court by Birdzell, J. Rob- and Hillsboro, respectively, at- torneys for the plaintiff. Carmody & Leslie, Hillsboro, attor- neys for defendant. From Cass County. M. A. Baldwin, as receiver of the North Dakota Improvement Co., a cor- poration, plaintiff and respondent, vs. Timber Investment Co, et al., defend- ants, and J. A. Johnson, H. M. Collin- son, C, E. Burgess and Ferd Noecker, defendants and appellants. Syllabus: This is a suit by one insolvent and defunct corporation against a similar corporation, and against the subscrib- ers to its capital stock. Judgment was given against the appellants un- fer the statute providing that each stockholder of a corporation is Mable for {tg debts to the amount unpaid the stock held by ‘him. * Appellants subscribed for certain shares of worth- less stock, to be dolivered on full pay- ment, but no stock wag ever delivered to them and they never became stock- holdets and their subscriptions were cancelled before the action was com- menced, The judgment is reversed and the action dismissed. Case county, Pollock, J. % Reversed and action dismissed. Opinion of the court by Robinson, J, Grace J. concurs in result. Brace. Ch. J. and Birdzell, J. concurring specially. Christianson, J. did: not par ticipate, M. A, Hildreth, Fargo, for appellant Noecker; J. J. Weeks, Bottineau, tor Appellant Johnson; H. B Nelson, Rug- by, for Appellant Collinson; M.A. WW. Fowler, Fargo, for respondent. ~ From Ward County. Tho American Coal Briquetting Co: | respondent, vs. Minneapolis, St: Paul, Appeal from the district court a and St. Ste. Marie Railway Co., ap-; sion for over twenty years and~have PRN e OF cs paid all taxes. Hence, the title of In the instant case it is held that Dlaintift 1s auteted and confirmed. 7 Appeal from a judgment of district there is no“ competent evidence of| unt of R msey ‘county, ~Cooley, J: peal fr SINEG 7, Plaintiff appeals. Appe: r( ‘a cone Slaeatnr ge Court of Ward! jeversed and remanded. a int | Opinions of the court by Robinson, Defend: als. pefendast appesls | and Birdzell, JJ. Crage. J. dissents. Opinion of the court by Robinson.| .%C-| Adamson and H. 8. Blood, BSP and aac aay creasing | Devils Lake, attorneys for appellant, Spectally. : |W. M. Anderson, Devils Lake, at- John E. Greene, Minot and John L.| ‘FRey for respond Erdall, Minneapolis; attorneys for ap-! EE Ee pellant. Alfred H. Bright, Minneap-| ,.. From Grant County. h olis, of counsel. ; Ww m, Maas for the use and benefit orn Te Sinkler and M. O. Eide, mi-/ Of Wm. H. Wolfe, plaintit? and res: inot, att ‘rasioude » Ms|pondent, vs. Clarenée J. Wilbur, ct apts atieraeys tor respondent. . defendants and appellants. From Cass County. yllabus: Red River Valiey Land Co., a cor- A. E. Hutchinsoa, defendant and ap- pellant. | Syllabus: { | 1. In an action by a broker to re} cover commissions earned under an| [express contract upon a sale of real} property, where it appeared that the; owner of the property cooperated in} the negotiations with a purchaser pro-/ duced by the broker, and where, dur-) ing the process of the negotiations, the gross price was scaled by the own- er before the final contract of sale) was executed, without any modifica tion of the agreement relating to com- missions and without a termination of the agency, it is held that the broker is entitled to recover the full com- mission. i THE LID IS OFF 2, The evidence examined and held to support the verdict. Appeal from district court of Ca: county, A. T. Cole, J. Defendant appeals. Judgment and order affirmed. Opinion of the court by Birdzell. Grace, J. concurring in result. Ro! inson, J. dissents. _by spring. Alice E. Martin, plaintiff and appe!-; lant, vs. Annie Kenefic O'Brien, de} fendant and respondent. i B oy oo ene 0} uoyjoR ue sp SUL | ting the right at once. «This is an action to quiet title to} a quarter section of land in Ramsey! county. As the proof shows the title! stands. of record in the name of the/ defendant, but the plaintiff is the; owner of the land and she and her de-/ ceased husband have been in actual and adverse and continuous posses: | Phone 77 AUTOMOBILES, ACCESSORIES AND SUPPLIES Western Sales Co. | || MISSOURI VALLEY. ‘ Distributors of | | MOTOR CO.: Factory Distributors of MAXWELL AND OLDSMOBILE || f AUTOMOBILES i CHEVROLET AUTOMOBILES Smith Form-a-Trucks PORTAGE TIRES |, Kolly-Springficld’ and Firpaten) - GREENDRAGON ||. Smith Tractors SPARK PLUGS|—— =“ “Ve Automobile Acces- sories of All Kinds FILTERED ‘ GASOLINE’ Free Air and Water BATTERY . SERVICE STATION UNDERTAKERS AND EMBALMERS { BISMARCK MOTOR COMPANY Distributors of STUDEBAKER and CADILLAC Automobiles WEBB. BROS. Undertakers — Embalmers Funeral Directors A. W. LUCAS CO. UNDERTAKING PARLORS Day and Night Phone 100 Licensed Enabalmer in Charge W. W. Bashan. Licensed Embalmer in Charge _Day Phone 50 Night Phone 65 ELECTRICAL HARDWARE—IMPLEME —THE— ELECTRIC SHOP. ' B. K. SKEELS Bverything Electrical } Wiring Fixtures and Snpplies Delopp Farm Light Planta Willard Service Battery N Station Fhose 370 008 Brvedway FRENCH & WELCB Hardware — Tools — Implements Harness. — Carriages — Wagons ound JOUOCUUONDOUORCUGUENIDOUUUNONADORONNNONIOG Battery Repairing Exide Service Station. RADIATOR REPAIRING In All Its Branches. BLACKSTONE TIRES We give « personal guarantee of 4,000 miles. and make our own adjustments. t a Ri Saving in Freight. LAWYER = 5 factory wholesale to ‘dealers. Tribune Block | Bismarck, N.D.| - CORWIN MOTOR Co. —— DENTISTRY. Aico. specializing in Extraction. jooms 4 and-5, Haggart Block, Corner Third and. Broadway Sts. ‘Telephone 250 .- Bismarck, N. D. This is an action to determine an{ by cn rE poration, plainti?f and respondent, ¥ cc | adverse claim to.a quarter section of land. The plaintiff has title under a mortgage foreclosure, The long answer of defendant covers twelve printed pages. It shows clearly and specifically that the plaintiff has title and defendant has no title. ‘Appeal from District court of Grant county, W. L.: Nuessle, E Affirmed. Opinion of the court by Robinson, J. Grace, J. concurs in result. . W. H. Stutsman, Mandan, and C. Kk. Jorgenson, Sisseton, S. D., a-tort eys appellants. nee ivan & Sullivan, Mandan, attor- neys for respondent. oes Or ne nT | Shop in The Tribune Before You Shop in the Store. All restrictions on building’ opera- tions in city and country are now re- moved by the War Industries Board. No permits are necessary. YOU CAN BUILD ANYTHING NOW Weather conditions will still allow you to do much work. You can finish your garage, chicken house or hog house. You can start the new home, store or factory and have it ready WE ARE READY TO HELP YOU with plans for many structures. All I we know about building is at your ‘From Ramsey County. disposal. You can count on our help not only for speedy deliveries of the best materials but assistance in get- contractor on the job NORTZ LUMBER CO. Bismarck, N. Dak. PHOTO DEVELOPING Piaressena Frcsrana fon APATTUN Prevecanrti Ay _CEDINOF Teak aa ei fh Pit Tul * BISMARCK -NortH DaKora’” Bring or mail in your films for _ -Expert Developing _. FINNEY’S DRUG ‘STORE . CLEANING arid’ DYING *’“BARBIE’S -DRY CLEANING nf, AND .DYE WORKS] Phone 394—409 Front St. We call for and deliver. Mail orders promptly filled. DAIRY—MILK—CREAM ” PURE PASTEUR- IZED MILK Our Milk Station Open Daily 8 A. M. to 6 P. M., Saturday night to 9 O’clock.- Sundays From 9 to 1 P M. Only. BISMARCK DAIRY CO. 210 Broadway Phone 348 SMOKER’S FACTORY PRICE Per Per. Per 1000 100 $80.00 - $8.00 80.00 8.00 40.00 4.00 40.00 4.00 40.00 4.00 Billy’s Big 10c¢ Sellers Commercial Clubs uittle Billy’s .... North Dak. Star. Our Hero ... H me Industry 36.00 3.60 N. P. Special 31.00_ 3.10 “ WE SHIP CIGARS BY PARCEL POST (Address) WILLIAM F. ERLENMEYER, Cigar Factory, Bismarck, N. D. Phone 243. : 23 3rd St., SHOE FITTERS Richmond sWhitn ey MAIN STREET SUITS $25 wp Expert Dry Cleaning _ KLEIN, x Bisma Bismarck, N. D. Phone 752." ‘unvanignnedgnenigtectnn / ‘ . TAILOR AND CLEANER