The Bismarck Tribune Newspaper, February 15, 1919, Page 6

NEW BOARD OF. EQUALIZATION | BILL IS OUT) Measures Makes Tax Commis sioner Secretary of Body, to Be Named by It i | i i i i Senate bill 35, creating a new state} board of equalization, has been report-| ed out for pa the joint com- mittee on taxes and tax laws. This} bill makes the governor, attorney gen- | eral, state auditor, commissioner of agriculture and laDor and state treas- urer the board of equal j makes the state tax comm! secretary and general admi officer. | The bill in its original form pr vided that on or before the-last Mon- day in February, 1919, the board should appoint a tax commissioner to serve for a term of si. , or un til his successor is appointed and qual- ified. This power, however, in the one-man tax commission bill, is trans-) ~ferred to the governor, who may ap- point the tax commissioner and re-? move him at will. By CARL SANDBURG . E. A. Staff Correspondent, just returned from Europe Seventeen Bolshes here, mostly communist party leaders, and all of them officials of the gov- ernment that is trying to lead Russia out of the wilderne: Take a close -{ SUPREME COURT | ‘A From Hettinger County. Carl Mueller, plaintiff and respond- s Compan tand appe poration, defend ok at that man sitting in the row with aw hat over his hands. He 3 = : . . Zinoviev, the Petrograd commissar who direct- ed the Red Terror last September in that city. Twenty pers were hanged or shot and 50 were jailed, according to soviet newspapers. Zinoviev nounced a “St. Barthclomew's night” would Because of this threat the soviets From Richland County. i Theo, Bomen, ntitf and respond. ent, vs. Ole G. } appellan Syllabus In the i r ute is merely to give su and creditors a eing the records © ances, When a pe session under a convey a party has actual or con tice of t same, then the statute does not apply. means good faith; it s intention to abstain from unconscientious advantage of even through the forms and technical ities of the law. Appeal from a judgment #4 triet court of Hettinger W. C. Crawfor¢ 4 ant case plaintitf and} ndant both claim to be lesees of | 1 tract of land, and hence each | e the awner of certain hay | m during the r aa | | Opinion of the court QUICK RELIEF FROM CONSTIPATION Get Dr. Edwards’ Olive Tablets That is the joyful cry of thousand: ‘* to grown t Evidence amined and held: t defendant had not lease for ason of | pr rw 16 renewed Te € of Sections 6h the year , 1913 | iff has ‘a and entitl hay gath since Dr, Ed produced Ojive Tablets, uring 191/., ae priority, of the mortgages was a counsel, Fargo, N. D., attorneys jfor the substitute for calomel. 3 ea n properly triable | Question of thep rjority of th respondent, - Dr. Edwards, a practicing physician for to the court without | Qestion of fact for the jury. ‘The jury| Fowler. Green, Fargo, N, D., attor~ 17 years and calomel’s old-time enemy, = cour will not| Having returned a verdict for the de-|neys for appellant. i discovered the formula for Olive Tablets while treating patients for chronic com Stipation and torpid livers. no" but court are! presumes| pellant has the bur- Dr. Edwards’ Olive Tablets do not | peter el z = tror, and a finding can aoe vet a healing, soothing evidence will noi | ining i jown to be clear pio eeiving is the erate ot ee the preponderance of | little sugar-coated, olive-colored tablets. ‘They cause the bowels and liver to act normally.. They never force them to unnatural action = - If you have a “dark brown mouth” nor and then—a bad breath —a dull, tired feeling—sick headache—torpid liver and are constipated, you'll find quick, sure and only pleasant results from one or two lit- tie Dr. Edwards’ Olive Tablets at bedtime. Thousands take one or two every night just to keep right. Try them. 0c and of the district ty, Allen, J., de- of the court by Christian: ndant. and appellant. 1, (W. S, Lander on o , both of Wahpeton, a 25c per box. All drugyists. plaintiff and respondent. e From Hettinger County. Lernauer, plaintiff and t, vs. McCaull-Webster Elevat- | . a corporation, defendant and| action to determine ad- verse ¢ re the plaintiff a serts a title as vendee, under a con- tract for a deed, and, where the appel- lant under a general denial seeks to| at the title of the plaintiff, by reason of a resulting trust, and a con- nce made to defraut creditors umbent upon the appellant to es- uch resulting trust or co! » made to defraud creditors by substantial and — satisfactory Nifty SUITS Suits for the ¢ rived. When you want Class, with Fit and Quality combined at a right price, look up— KLEIN Tailor and Cleaner “THE MEN’S SHOP” 2.) Held, unde! the evidence, the trial court properly quieted title in the plaintiff, as vendee, in a con- tract for a deed as against the claims }of the appellant herein, asserted | that the title in such contract for a ‘deed inured by reason of a resulting trust, or by reason of the conveyance having heen made to defraud cred- | itors. ‘ | nofalappRDierry,DD.,ingrfaito ‘Action to determine adverse claims. Appeal from judgment rendered for | plaintiff in district. court, Hettinger county, Crawford, J. Affirmed, Opinion of the Court by Bronson, ey 1 Thomas H. Pugh and Otto Three Dickinson, attorneys for defendant and o appellant. Jacobsen & ‘Mnrray, Mott, attorneys HALF-SPENT MONEY for plaintiff and respondent. | | A Mather’s Happiness ! Made Perfert Money needlessly car- ried‘around in the pocket is half spent. But if you keep every dollar that you can poss sibiy spare in a Savings | Account with this insti- tation you will not spend it except when actually necessary and thus you § | O& Vircost Lcportance That Sts Slave Every Caxe. e E § 3 : | g, Es There is a most splendid remedy to = rs re women for the greatest time fa ie will build up a real sur- fives, Known \ag Mother's Friend, It i - £ je muscles of the a! . gently plus account. Gain on’ nerves, cords op iW taakes the mutcies so pliant, tt ex — We pay 4%interest on | el yar xcs mitt! ara a deposits.of $1.00 or more: 19 Largest Bank in this: section of trength, ond she Ae wl punted Each an occa- ia unsi Every nerve, on when natcre fautcle and tedcon 43 Discomfort daring the. “is. counter. , and the efter tha criss, {3 Ioft tapooth and_ natura! i , ity , GREAT AND NEAR GREAT took him out as commissar and put Lunacharsky, commissar of education, on the job. Zinoviev is a lifelong friend of Lenine and the shooting of the premier, coupled with the assassination of Uritzky, head of the commission to. combat the counter-revolution, sent him up in the air. See the man with the goatee, his hands folded over a portfolio. the All-Russian congress of. scviets. bunch of mavericks to handle. Asa deliberative body governed by parliamentary law—believe us, he’s got to know how to knock on a table with a} tion for the defendant and for neces- gavel. He has to control delegates. from the big| sary expenses incurred therein the evi- Russian melting pot, Warsaw. to. Vladivostok, Archangel to Kiev, 40 odd. nationalities. kre, defendant and | partners ‘firm name and style of Jacobsen &|ship established between the jF ugelso, plaintiff and ‘appellant, vs. | ney and client is one of mutual confid- toh he held | Harness ande laimed to 17} on the God, 6095 | % Morea, {aid not redraw the pleading. Wahpeton, at-! answer had been amended to cayres- defendant. the full amount due on said, pond with the proof; \ was in accordance with the provisions ‘of Section 7482, Compiled Laws, 1913. | ty court of Ward counly and from an | contract price of the‘land. Held, that | order denying a new trial. re-| ray, that | he would see that he, the plaintiff, got, J Robinson, J. concurring speclally ,|ean convey and make known to the wit- BISMARCK DAILY TRIBUNE no testimony introduced to. show that the insane delusions alleged to have heen possessed by the testator had no basts in fact°or probability. { Appeal from a judgment of the dis- trict court of Mountrail county, Hon. Frank BE: Risk, judge. Affirmed, Opinion by Grace, J., Christianson, Ch. J, concurring ‘specially. F.P.; Wyckoff, Stanley, N. D., attor- ney for K. BE. Edwarason, petitioner. Charles Loring and G. A. Young- rquist, Crooksten, Minn., attorney for Lydia. Gerwien ant Ruth Gerwien, a minor. E.R. Sinkler and M, 0. Eide, Minot, N. D., attorneys for respondents and appellants. FROM BURLEIGH COUNTY The Northern Pa ¢ Railway com- pany corporation, plaiutif® and ,re- 'spondent, vs. Bismarck Commission company, defendant and appellant. SyNabus: The plaintiff brings this action to recover possession of a part of its right of way. In justice court and _in district court the decision was | given for the plaintiff, and defendant appeals. Manifestly the defendant held ‘aver contrary to the terms of his lease, which contained an express agreement that either party might terminnie the same on written notice of thirty days. | Judgment affirmed. . Appeal fromMdistrict court, Burleigh county, Hon. W. L. Nuessle judge. Affirmed. Opinion of the court by Robinson, J., Bronson, J., concurring specially, and Grace, J., concurs in. resuit. W. L. Smith, Bismarck, for’ appel- lant. | Miller, Zuger & Tillotson, Bismarck, for respondent. The X! » : That’s Sveydlov, chairman of| mf. A. Hildreth, plaintiff end. re-| He has one] spondent,-vs.. William O, Honsinger, de- | fendant and appellant. Syllabus: 1 In an action brought for the recovery of reasonable attor- ney’s fees. earned: in conducting litiga- dence is examined and held to support the verdict. 2. Where an attorney is employed to institute partition proceedings fora client, and it is agreed that he is to 4 You Have Always, Bought, in use for over thirty years, has borac the. signature of and has been mc¢ce under, his pers sonal supervisioa cince its infancy. Allow no one td ccccive you in this, All Countericits, Imitations and “ Just-cs-good'” are but Experiments that: trifle wit: and endanger the hoalth of Infants and at is GAS ‘TO RIA. tute for Caster Oil, Paregoric, What is Castoria is. q harmless subs Drops and Soothing Syrups. neither Opium, Morphine nor other narcotic substance. age is its guarantee. been in constant use for the relief of Constipation, Flatulency, ‘Wind Colic’ and: Diarrhoea; allaying Feverishness arising therefrom, and by regulating the Stomach and Bowels; aids the assimilation of Food; giving healthy and natural, sleep. Tae Children’s Panacea—The Mother’s Friend... GENUINE CASTORIA atways SATURDAY, FEB. 15, 1919. It is pleasant. For more than thirty Bears the Signature of ‘Tn Use For Over 30 Years The Kind: You Have Always Bought i THE CENTAUR COMPANY. NEW YORK CITY, which’ ‘has’ been Itfcontains , It - years it has ‘Ld A A NET aE RTS \ 5 From Ward County. he i Latins: fi a is Compensated and reimbursed: out. Of | TD D._R) Jdcobsén & Peter Fugelso, 0- | the proceeds of a sale of the real prop- under the Jerty t 0 be. partitioned, the relation- attow doing business: John Forbragd, defendant and re-}ence, and where the client, without spondent, communicating with his attorney, Syllabus: struets the progr 1. Where the owner of « harness |the attorney: is en claimed to ‘have sold it on the 22nd | compensation y his services day of April, 1915,-and took a mort-|%Nd to reimbursement of his gage back from the purghaser on the} Appeal from order of district court ave filed it} of Cass county,’ Cole, J., denying a date_of sale, and. another took |2notion for jydgnient non obstanto ver- ge on the same: harness dat-|dicto ox-for a new trial, Affirmed April 20th, 1915, and. claimed to Opinion by Birdzell, J. ve seen the, harness in the posses: . A. Hildreth, in‘ pro per, M. L. on of the mortgagor prior to the | Hildreth, date of his mortgage the question of Carmody, Londen & a clever trick Reginald, Ha gence division, xpenses, | ‘T Mulready of GERMAN. DISCIPLINE | ~ CAUSE OF SPY'S FALL. N.°E. &. Special to Fhe Tribune. london—A German ob- fading as an American wa , director of the inielli- » admiral while questioning him, suddenly shouted, “How dare you | Ugly, Unsightly Give Heed to the Warning. Pimples on. the. face. and. other arts of the body.are warnings.from spy masquer- xposed by | self, ‘\dimiral Sir After hi of Re: admiralty War staff, Pimples -Are cate skin, stand like that when you are speaking to a. superior officer?” heels and had his hand halfway to a salute before he’ could contre! him arrest, definite prcots ofthis guilt were found. The suspect For the Beulah Coal | Phone 75, City Fuel Co. aids * the find-|feudant and jndginent having entered eon, it is held that such judgment upported by the evidence, Pleadings. Amendment. ‘The -complaint substantially stated the value of certain. property to. be $59.0°, the answer stated it $50.00, The proof showed it to be .00. Defend- t, during the course of the trial, th Jessie Langton, plainti® and.respond; ent. vs, Charles Kops,,,defendaat,: and appellant. K yr Bt n Syllabus Plaintiff brought action against the defendant to compel ¢e- fendant to'convey to plaintit? by whr- ranty deed, certain lands in pursuance to the terms of a certain contract for’ :fieruptions and- other skin disorders ature that your blood is’ sluggish ‘and impoverished, Sometimes they foretell eczema, boils, blisters, sealyjof those unsightly, and pimples, and that bur like flames of fire. They mean that your blood needs S. S.'S. to. purify it and cleanse it of these impure accumulations that can cause unlimited trouble, This‘remed: is the greatest veretable blood puri- oughly. ‘If you, wish special charge by writin tor, 29) Swift ‘Laboratory, Georgia. é \ Go! to-your drugstore, and get A bottle ofS. §..S, Today, and ett sfiguring Hind it will eloanse one bleed. thar, nd it will eleanse yor st fal Toadical. advice, you can obtain it without, to Medical. Direc- Atlanta, ea motion to amend his plead | deed, the terms of which had heen. fully Lo 0} pond with the proof. He| Performed by the plaintiff, andi the ‘The | Provisions of which entitled itm’ f'n ‘The | deed upon full performance of the con- Plaintit? téndered to ma ing court allowed the amendment. Lo trial was had on the theory that the | ditions. therein. held that this|contract on January 4, 1917, in the sum of. $2,253.94. . Defendant claimed that the amount tendered was not-suf- Appeal from a judgment of the coun- ficient to pay the balance due on the Wm. Mur.| the plaintiff's tender was sufficient in form and amount and entitled him to the warranty deed for the land. Appeal from-a judgment of the dis- trict. court of Ramsay county, Hon. Frank BE. Fisk, judge. Affirmed, Opinion of the court by Grace, J. J. C. Adamson, Devils Lake, N. D., attorney for plaintiff and respondent: Frick & Kelly, Lakota, N. D., attor- neys for defendant and appellant. Affirmed. Opinion of the court by Grace, J. W. H. Sibbald, Minot, attorney for plaintiff and, appellant. . essrs. Sinkler & Eide, Minot, attor- s for defendant and respondent. From Renville County. Harry Gidley, plaintiff and appel- lant, vs. George H. Glass, defendant and respondent. Syllabus: In an action brought to charge the defendant for goods- delivered to a third person, where the plaintiff testi- fied that the defendant told him that Colds Cause Headaches and Pains ‘Feverigh Headaches and Body Pains caused from a. cold are soon relieved by_ taking “LAXATIVE.BROMO QUI There's only one EB. W. GROVE’S 30c. iE Tablets. ‘Bromo Quinine.” signature on the- box. his pay, the goods being charged to the third person to whom they were delivered, the evidence examined, and HELD: to establish a promise to pay for the debt, default or miscar- riage of another within the Statute], of Frauds. a Appeal from judgment of district court of Renville county, Leighton J. Opinion of the court by Birdzell, J. Grace, J. disqualified, Crawford, dis- trict: judge, sat-in his stead. K Affirmed. ; ®. R, .Sinkler, J. E. Bryans and M. epee O. Bide, attorneys for plaintiff. Rollo F. ant, ‘Albert B. Goger, afd Henry G Midiaugh, atorneys for de- \fendant. « HOURS si Go) i'r snare ofcounterfetta} MEN. Keep your clothes dry cleaned, pressed and repaired, Only experts in my employ. KLEIN . (06 vicstavonnn Hort, Minne Write {6¢ our booklet showing splendid, advan: ‘salaries. for teleuraphers.* v Ce ES ea tends oF womeN IAN tele ara ce. | FROM MOUNTRAIL COUNTY K. FE. Edwardson, petitioner, vs.-Ly- dia Gerwien, et al, respondents; Fred Gerewien, et al, appellants. Syllabus: 1. Wills. Publication.) Subdivision 8 of section 5649, Compiled Laws, 1913,.is as follows: “Phe testator must. at, the time of | subscribing-or acknowledging the same, declare to the attesting witnesses that the:inatrnment is-his will.” Held that the word “declare” as’ therein used, does not mean that the testator must.declare hy spoken words that the instrument. is his will, but’ such-deelaration may be made by other means than the use of spoken words, such as the use of signs, gestures or any other names yb which the testator for esses that the instrument which he signed. is his will. The word “declare” as thus used, means to. make:known,:to signify, to show in any, manner either by wordszor acts. = 2. Wills, . Testatar, Delusions.) Where one is contesti: proof of a will“on the ground that ‘the. testitot at the time of making the. will was passessed of. certain insané_ delusions; it ig not sufficient. to introduce evidence h tends to prove the-testator was i of such delusions. There should: be further proof. by the con: testant to the effect that such alleged insane delusions have no foundation in fact or probability. in order to show that. the delusion is wholly a product Pongor orga, Sor Mother :0-! 3 n of the imagination. Held-in this ca | there is @ failure.of proof, tere bel f Addition lots. awe Tel. 314 Bismarck OUR PLAN / Bh In order to prove our sincerity and our belief an the value cf our properties and to encourage investment and home building on the part of some who are not certain of their-faith in them, we offer lots in Flannery, & Wetherby Addition to the City of Bismarck at reasonable prices and terms with a signed agreement to pay back the purchase price, refund taxes and pay interest'on purchase money - for. the time it has been invested at the. rate of 6% - per annum, upon reconveyance of the lots in the same condition as when purchased, ‘We know the value \ '" “Bismarck Realty Co. rs Bank — Women, conduct a great deal of the banking business of today. They are keenly appreciative of ~ the quick undersianding and the friendly spirit of this bank. There is no better aid to tematic accounting than a bank ‘account. ‘ Every check is the best legal receipt for payment. Open your account at— _ ©The Friendly Bank” ‘BISMARCK BANK _ North Dakota, ; of Flannery & Wetherby <s Kof2 "Bismarck Bank Bldg. Women Who sys- Signals of Bad Blood *. fier known, and contains no minerals or chemicals to injure the most deli- - ae iy i ”% “« ; oy 5 Ni an a ete . 1 BR ‘ ay . \ is Age Sh eee Poy oe * + ‘ rv vid se 4 >