The Bismarck Tribune Newspaper, March 19, 1919, Page 7

WEDNESDAY, MAR: 19, 1919" nS en tn oes Seen eee * “BISMARCK: DAILY: TRIBUNE: AW 1 KNOW =~ TLL BET YOU <7 NAD CRAB BEEN EATING: MEAT FOR RAW MEAT ! a: “YLL STOP OTTO BUT. worn A QUART OF TACKS) eas. [Rae The FRECKLES AND HIS “NESS, TM GONNA GET A We GUN THAT + LONG FIR MY BIRTHOAY. Nou Just StE—- SAY! THEN WE-CN Ny SHooT, INDIANS 27 Terms Stri wanton Seg First insertion, 85 cents; additional insertions without change | ©-,©#s*erly, deceased. _-| Dakota, deceased, to the creditors of, of copy, 15 cents. Advertisements containing more than 25.worda|tioner, vs" Gerunde We Cagserly, will be Charged at the rate of t' habe = e rate of two Classified Advertising Rates, ae Cash—No Copy Without Remittance Attached | Davies, Judge. FRIENDS Freckles Had a Simple Solution! [S PoP AV BIRTHDAY NOWCMAVENT Rae: HNO = THAT WiLL ‘ He T WANT A-REAL )( OU, IS COMIN’ PRETTY Soon ~ ANY (DEA WHAT. GUN THAT NEVER Do! WHY ALL WE KIN NA KNOW WHAT ¢ Do You WANT ‘ THE NEIGHBORS; WOULD SHooT. BEARS WANT FoR Your® RE AFRAID cE BEING oo, ,CANT BIQTUDAY 2 THE STEEL TREAD Lit, qt ie Mo i (sere a WELL ~~ WHY CANY THEY GET THEIR LIES INSURED? PUNCTURE - PROOF. TIRES « | taxes and prior mortgage interest the ate of Car-|mortgagee includes with, interest thereon as mortgage indebtedness, to Notice is hereby gi the un-| gether with all installments of this dersigned L. H. Carutel, executor of! mortgage indebtedness, otherwise im- the Last Will of Carrie Marie Carutel,| matured, because of said defaults de- late of the city of Bismarck in the!clared immediately due and payable, county of Burleigh’ and state of Norih|as provided by this mortgage. The premises described in such mortgage and which will be sold to 5 ame are the Northwest ) of Section Eighteen (18), in Township One Hundred Forty- Three (143), North of Range Seventy- t / TICE \TO CREDITORS. In the matter of the est rie Marie Carufel dece: NOTICE OF HEARING PETITION FOR LICENSE TO. SELL REAL ESTATE. ~ State of North Dakota, County of Burleigh—ss. . In County Court, before Hon. I. C. Tn the matter of the estate of Joseph and all persons having c! said deceased, to exhib: the necessary voucher months, after the fi:st 1 ims against, them with |sa! y the Quarter (NW ve Gertrude W. Casserly, cents a word for each additional | Gertrude L. Casserly, Paul W. Casser- < ly arid Dorothy M. Stapleton, respond- ents. HELP WANTED—MALE " WELCOME! RETURNING SOLDIERS AND SAILORS. _ Full information as to all em- Ployment openings in this.com- munity and elsewhere will be giv- en you FRESE at the Bureau for Returning Soldiers and Sailors, Northwest’ Hotel Building, Phone 17%. All national and local efforts | to assist you are there concen- trated. United States Employment Service U. S, Department of Labor. | WANTED—Strong young man to learn marble granite lettering. Ap- ly Bismarck, Marble & Granite $ 3:13 to 3/22 address, returned, soldiers preferred, to present econoniic proposition of FOR RENT—Two and three-room| court rooms of,this court, in the court merit to citizens’ of Burleigh county. Permanent and -remunerative, + Ad- dress No, 694 Care Thibune. 3-13-1 wk, =—————— HELP WANTED—FEMALE WANTED—Kitchen - help at Bis- marck hospital. mee 3.18 3t WANTED—Nurse;. girl’ from ten to fourteen years of age to take care of litde boy three and 1-2 years old, from 7 in morning to 7 at night. Write No; 697 Tribune. 3.141 wk WANTED—Girl_ for generaivhouse- work. - Highest’ wages. Mrs. Wm. Lahr; 504 Mandan Avenue, Phone 6B 3.14 tf kOOMS FOR RENT FOR. RENT—Two pleasant rooms suitable for light housekeoping. 320 4th street. 3:15 1 wk “ROOM AND BOARD at €20 6th street. “ Le $-19-3t FOR RENT—Pleasant modérn fur nished rooms ’ suitable for light- housekeeping -if--desired.. Phone 4421, after 4 p.m. y 3.15 1. wk! tribute best selling six cylinder car. WW, : TO RENT \ tory. No dead: ones need aniwer. rr WANTED TO» RENT—Furnished | Address’ 596, gare Blamarck Trib- 4, house. or apartment by ‘first’ of | une. ‘April if possible. Address. M. O. :Churchill, Grand Pacific. OR SALE—Modern house and gar-| to be and appear before this court andj qye upon such mortgage on the day of SSS I times once each week for four su POSITIONS WANTED k D EXPERIENCED particulars address 698 care 7™0| DOINGS OF THE DUFFS this notice, to said executor a 5 Broadway; in the city of Bismarck, in said Burleigh county. Dated March 18th, A L. H. Caruf The State of North Dakota to the above named respondents and all per- sons interested in the estate of Jo- Furnished modern 14-|seph E. Casserly, deceased: room house. Inquire at 46 Main| Yow are hereby notified tuat the pe- street. 3.19 1 wk| tition of F. H. Register, administrat-| ips: 7 NT = . or of the estate of Joseph 12. Casserly. FOR RENT—Five room house close} jate of the borough of arookiyn in the| 3 in $16.00 per month. First Guar-/ county of Kings and stale. of New ranty: Rank. aig a{XOrk, deceased, has been filed in ——__ 8 18 St this court, therein petitioning that he FOR RENT—Partly\modern six room| be authorized, empowered and direct- house, well located, Geo. M. Regis- | ed to’ sell real. estate belbnging to said ter. ‘= 3141 wk decedent's: entales described as fol- N tice is hereby. given v3, to-wit: $3 ¥ FOR RENT—Modern five room du-| We Wes . ccetign {celtain mortgage made, executed and plex, wator furnished. Ingutre 211| yyne’ (gy ie Ausuohin 438 Noster [delivered by Peretz Block, unmarried, Rosser street of phone 360X. Range 75! West of the Sth Principal | 2% mort zagors to Bs im bs Brothers, ay PRS Dalit abe Se MRR 25 EIS 3-11-9t. Meridian ‘situated in the county of foes’ ead Janta E FOR RENT—Seven room house with| Burleigh, state of North Dakota. 4917, and filed for record in the office | § bath at 601 Third strect. Inquire]. ‘That said petition will be heard-by | o¢ ihe Register of Deeds of Burleigh at'313 Second street. this court on Wednesday, the County, North Dakota, on January 315 2.wks_ | day of April, A.D. 1919 at 10 o'clock |o4th, 1917, and recorded in Book “106” \ (SYLLABUS) : ia the forenoon of that day, at the| of Mortzages on page “305”, will be} (1) This action was brought jointly foreclosed by sale of the premises in |against. the . rai company and ch mortgage and hereinafter. de-| Br . Hill, ineer who wa Six (76) West, and within Burleigh County, N. D., and the amount due on said mortgage on the day of sale will e Two Hundred Dollars and Sixty- ($200.64 FOR SALE OR RENT— HOUSES AND FLATS FOR RE executor, | st publication the 19th day’ of h, A. B. 1919. \H. F. O'Hare, Attorney for Executor, Bismarck, |N,» Dak. OTICE OF | SUPREME COURT | od ony Ward County plaintiff and re- Northern Railway Hill, defendants and appellants. ras fos light housekeeping. Five) nouse, in the city of Bismarck, coun With’ warrete houses: at modern. ty of Burleigh and state of North Da bed at the front door of the Bur-|in charge of the r: engine in street. eer SQW eS 208" TP Kota. wh County Court, House at Bis- | question by.which plaintiff's automo- eae And you and each of yow are here-| marek, N. D., at two’o’clock P. M. on|bile was struck while passing over a by cited and required then and there) April 26th, 1919, to satisfy the amount rossing and plaintiff thereby injured. The jury returned 315 tf seriously a verdict against the defendant rail- age, well located. Convenient | Show cause, it any you have, why this | sale, terms, B>C. Marks, Bismarck, N.| petition should not be granted. —, Default has occurred under the con- | way company only. The evidence dis- Dak. 25 tt Dated the 12th day of March, A.D. of said mortgage as mortgagor [closes several’ a of ‘negligence of 1919. By, the Court: d I, C. DAVIES, iled and refused to pay.the two | the ay company apart from the ments- of said. “‘imortgage of jacts of negligence of the defendant en- Twelve Dollars ($12.00) each, due on | gineer. f the first day of Janttary‘of the yearS}acts of negligence of the defendant 1918 and 1919, respectively; and the|ratlway compan sufficient to sus- taxes for the years 1916 and 1917) tain a verdict against it. a levied on said premises and paid in the} (2) The power of a municipal cor: sum of $63.29 after delinquency ‘by | poration to regulate th eed, move: this mortgagee, together with two in-|ment and operation of railroad train: marck in said Burleigh county, as pro-|terest installments of Thirty-Six Dol-|cars and engines within its corporate vided by law. lars ($36.00) each due on the first day [limits by proper ordinances is well- of January of the years 1918 and 1919, psettled. The effect of such an ordi- respec y, on a prior recorded mort- |nane! to render the street: fer and gage on said premises and which | more convenient to the publi It. is By Allman FOR SALE—Six room strictly mod- crn bungalow in Riverview addition. A dargain if bought &t once. If in- terested call C. L. Burton. (Peal) Let the 1219 tt} made by publication hereof four cessive-weeks in the Bismat Tribune published at ‘the WANTED—Position by competent stenographor. -Call 66 or write Box 40, Bismarck. 3171 wk , implement man wants position as salesman and coi- lector, Can take cha: of books and management of business. 1. €. DAVLES, Judge. 3—12 19 26;-4—2, In the “Still” of the Night! AAT WAS A PisioL SHOT. IT WAS INTHE |) Hovs& Too t! une NES SiR, A Pistol SHOT RIGNT HERE IN The. house -ES, SEND MI OFFICER. RIGHT AWAN 3 OTT LT | OW TOMS! AGENT—SAL'’ ; SALESMAN WA (to'dis- largo ‘adjacent..terri- <= g¢ +3141 wk LOST_AND. FOUND 3.171 wk : '—By small fam- TOST—Wrist watch with blue enamel ily by April 1, modern.4 or 6 room cattage or apartment furnished o! ‘unfurnished. H. G. © Arnsdorf, Phone 49, evenings 856. a 313 1 wk WANTED TO, TRADE—220 acre farm |" for modern 5 to 7 room house in Bismarck. -Address P. Y. Box 104, Bismarck, ‘N. D. / 3171 wk r North ‘well located building with four good office roonis, 25 miles from ‘Sioux City. Iowa. ‘Rents for $50.00 -per.month. - W. F. Kavaney, How- ard, 8. Dak-- t 3 12.1 1-2 wks —__ WORK WAN’ : da Monson. ¢ 3:19 3t kote land, | FOR CASH—Wantod to Lav, 8 to 10 $20.00 Buys a large” g size “kitchen WANTED—Dressmaking to do t-210 HENSTITCHING ‘and PEICOTING at Thayer street or Phone 638K..Hul-] | Mrs. C ¥. Larson, 400 4th street: | i top. Lost between N, P, and d G ‘ \ Avepue’A. Finder return to Tribune re , 2 4 i, | and receive reward. H \ y) \_3-14-1_ wk.’ 4 ‘1—Sunday afternoon between 622 Gth street and Annex hotel, pair of! Glasses without ‘case. Please re- lurn to Orlando Benson, 622. 6th street for reward. 3.17-4t MISCELLANEOUS room ‘house. . Modern,. well located. Box 545, Bismarck. y 318 3t Tange, good as new. Mr. P. Wohket- tel, 706 Sweet: street. zat foe" 319.1 wk 3 18:1 wk WOMAN WANTS WORK by day or| HAVE YOU ANY FLAX STRAW for sale?. Will pay highest market price. hour. Also wants sewing in her honte or yours. Will alsodo private <*washing. Call at 404 9th street So. Phone 894K : if 3 12 2 wks. —__+—___— _ FORD ROADSTER FOR SALE. for clean*flax. Write me - telling what you have and. what you want] for_it. Box 157 Tribune. : ae 7-3 14 wk ITED to rent plano in ‘good .con-, dition. Will give it best of caren Write 599; ‘Tribune. -_3-13-tasst TUR SALE—One Tull Gigod led. Jer, the ull eighteen:months 5 5 . One e cio tals vat cat eae ¥-| FRE. ol ‘ice right... J. ‘ME. Wi eh ss ee RS ‘Di First class. condition, rom sauy—actomobies tine) Has been painted and|** > 8" SRS MP Matver| rans thoroughly. overhauled: Phone 254. . Address 211: FourthSt, 20%: een re-| of both\ i ops and sons wif} mp 60) French \f orporation, and Bruce R.|, The evidence of the separate | a for appellant.) j the cou: the exercise of a police regulation. The! veason upon which such an ordinance vests is, public safety and convenience. (3) The defendant railway com- pany alleges misconduct of a court officer during the trial, namely the bailiff who was in charge of the jury during the time of its deliberations; held the evidence in this case does not show misconduct by said court officer, Appeal from the District Court of Ward County, K. E.. Leighton, J Affirmed. Opinion of ‘the Court by Grace, J. Robinson, J., dissents. F, B. Lambert, Minot, attorney for plaintiff and respondent. Murphy & Toner, Grand Forks, at- torneys for defendants and appellants. From Benson County Bovey-Shute Lumber Company, a corporation, plaintiff and appellant, vs. Edmore (Evore) Thomas, Fred 8. Cropper, Peter J. Keefe, H. C. Bear and Farmers Merchants Bank of Leeds, N. D., a corporation, defend- ants and respondents, (SYLLABUS) (1) A seed lien statement under See. 6852, C. L. 1918, which is signed he vice. president of a bank, and h directly claims a seed lien in or of such bank, and which further s the kind and quantity of seed furnished, and a proper description of the land upon which the same was sown, substantially complies with the tute, as against the objection d, that the lien statement does not show affirmatively that the bank furnished -the seed, or possesed any interest in the grain. (2) In an attion brought by the holder of a sheriff's certificate of sale to recover the owner’s share of certain wheat under its right to receive the rents, or the value of the use of land during’ the period of redemption, where a defendant bank has interposed erclaim aleging a seed lien to ist upon such wheat for the seed rnished therefor, and from which the ne was grown, and where the evi- ce discloses that the bank fur- nished such seed wheat to the party, either as a chattel mortgagee in pos- sion of such seed wheat, or as a ty to whom the owner thereof had turned over such seed wheat, it is held that the bank is entitled to enforce a seed lien upon such grain, as the party who furnished the same within the meaning of Sections 6851 and 6852, C. L. 1913. Action to recover certain grain; de> fendant bank interposed counter claim alleging a seed lien thereupon, From a judgment rendered for the bank, and. from the order of the Dis- trict Court, Benson County, Buttz, J., overruling a motion for judgment non obstante, the plaintiff appeals, Affirmed. .- Opinion of the Court by. Bronson, J. R. ,A. . Stuart, -Minnewaukan, and. Cuthbert & Smythe, Devils Lake, at- torneys for appellant. Sinness & Duffy, Minnewaukan,, N. Dak., attorneys for respondent. F. Orth, Geo. E. Towle, J. R. Orth and B. R. Orth, Trustees for Citizens State bank of Regent, N. D. dissolved., plaintiffs and appellants, vs. Charles Procise and Nellie Lee Procise, refen- dants and respondents. Syllabus: (1) ‘Im trials de novo, under the Newman act, section 7846, C. L. 1913, in the supreme court, the use of the term “judgment reversed” in the opin- ion of the court determining the ca: means a final disposition of the case, unless it appears from the opinion of or the languagesused, that a new trial is ordered, or may be grant- Pp triable, and has beep tried and sub- mitted under the Newman act, and this court. in its opinion, indicated a final disposition of the case and ordered the judgment to be reversed, it is held that the trial court had no authority to grant a new trial,in such action, upon j motion made therefor, and that it was proper to enter a judgment of dis- missal, and for casts in the trial court (2) Where an appeal has been had| * ; to this court in an action which is George M. Lyness, plaintiff°and_re- spondent, vs., Fesseuden Light & power, Company, a corporation; defendant and appellant, : Syllabus : ‘of his hire. . Appeal from the~county court of Wells County; Hon. Fred Jangonius, Judge. ‘ AFFIRMED. Opinion of the court by Robinson, J. B. F. Whipple, Fessenden, for Appel- ant. Jobn A. Layns, Fessenden, for Re spondent. The luborer is werthy Lark Equaty Exchange, a corporation, plaintiff and appellant, vs., B, EB. Jones, defendant and respondent. Syllabus: (1) Where’ an action properly tri- able by a jury is tried to the court the supreme court wil ‘ ie de novo, but the find- ings of the trial court are presumed to be.correct appellant, has, the burden. of showing error, and a finding based upon parol evidence- will not be dis- turbed by the appellate court, unless. shown to be clearly opposed to the preponderance of the evidence. . (2) To render a. person Mable at law, it must be shown that he has violuted some legal duty’ whteh he owed to another. 3 (3) To entitle a plaintiff to-recoyer moneys paid under mistake, he tust show not only that he has paid the money. but. also, that the action of the. defendant in accepting or retaining it is inequitable and against conscience. (4) Whether a corporation can muintaie an ‘action to recover back from a stockholder a dividend paid to him out of the capital, where the stockholder receiving the dividend act- ed in god faith. believing the same to be paid out of the profits made by the corporation, considered, but not decid- ed. Appeal from the distrlet~ court of Grant County, Hanley, J., and Nuessle, Special Judge. Plaintiff appeals from a judgment, and from an order denying & motion for judgment, or for a new trial. Opinion of the court by Christianson, Ch. J. Grace, J. concurs in the result. Jacobsen & Murray, Mott, attorneys for appellant. Nuchols & Kelech, Mandan, for re- spondent. AFFIRMED Georgig A. Livings' pellant, vs.. G. T. and respondent. Syllabus: Under judgment oF household neces- , the defendant caused a span of to be sold as the property of the plaintiff's husband, There is no merit in the claim of the plaintiff that she owns the mares under an oral gift from her husband. Appeal from an order and judgment of the District court of Ward County, Hon. K: Ey Leighton, J. Affirme ‘ Opinion of the court by Robinson, J. ‘oncurs in. result. ‘kson, Defendant Grace. W. H. Sibbald, Minot, attorney for appellant Palda Auker, Minot, attorneys for respondent. BUILDING TO BUILD LARGEST PHOTOPLAY THEATER Newark, —Jacob Fabian, owner of two the: in Paterson, is pre- paring to erect here a moving picture theatre with a seating capacity of 3800 the largest in the world. Ineluding the site, the project involves $1,000,- 000. The theatre is to be open in October. 10-STORY ITALIAN BANK IS PLANNED New York—A_ ten-story banking building of marble and terra cotta is to be erected for the Italian Savings Bank at Spring and Lafayette-sts. Lanken Realty Co. is starting work. on an apartment house on. Merriam-av., near 171-st. to cost $110,000. $300,000 WORTH OF. -, - ROADS:IN WASHINGTON: Oyympia—Work will start | shortly ou 00,000 worth of road building contracts under the .direction of the State Highway Department. $150,000. SCHOOL FOR QUINCY, MASS. Quincy; Mass.—The housing-beard of the U. S. Department of Labor is pre- paringg to build here a two-story brick schoolhouse at a cost of $150,000. REGULAR. TIGERS ARE SIGNING UP, Detroit, March 19—Signed contracts of all the “regulars” of the Detroit American league club are expected to be in the hands of President Frank Navin by the time the advance guard of battrwmen leave for the training camp at Macon, Ga, March 17. With the exception of Shortstop Bush, the Tiger infield was signed up before the end of February and the ettran ‘shortstop is expected to send his papers in any ray. ‘Two outfield- ers, Veach and Flagstead, also were sarly signers. Receipt of the signed Contract of “Pep” Young, second baseman, assures a warm fight for the keystone position, as infielders Ellison, Dowd and Dyer are being counted on to give him’ con- shlerable opposition. Young figured in 91 & av of 939, | He was credited with against the appellants herein. (3), Where judgment is rendered upon an action brought upon a note and mortgage, and for. the fdreclosure thereéf against two defendants, and one only of the defendants appeals therefrom, the reversal of such judg- ment by this court, on such_ appeal, does not operate to reverse the judg- Ment rendercd against the other de- fendant\ who has not appealed. Hetinger County., Crawford’ J., deny- ing motion for a new trial: OF bs cal inte : : ‘ : a = : : { ee the court by Bronson. J. Phene 15, City Heffron, Dickinson, attorney, Appeal from order of district court, | 7 190 put outs and 270 assists. Early speculation as to the probable make-up of the team Manager Jennings will put into the field in the first gume of the season seems fo show, with the exception of the pitching selection, un- certainty only- as to second base-and shortstop. — V¢ Cobb. and. | aree: to be in their placts in the id; Heilman at first base; Yo For the Realah Coal. anes last year with a fielding ; br