The Bismarck Tribune Newspaper, May 17, 1919, Page 6

"CLUB STANDING | AMERICAN LEAGUE, Won, Lost. Chicago .. New York . 4 Cleveland . 6 Roston 6 Washington ... 8 St. Louis . 1” Detroit .... 12 Philadelphia af 10 NATIONAL LEAGUE. ‘ Won, or Pet. New York 12 -160 Broklyn .. val $ 088 Cincinnati ... 6.684 Pittsburgh .. va 583 Philadelphia 9 857 St. Louis . 13 316 Boston . . n 154 AMERICAN | ABEGCIATION, zh Won Lagat Bey Paul). oss ster, dl Minneapolis . 10 5 2 Louisvilie Al i Indianapolis 10 8 Kansas City .. 79 8 Columbus . q 8 Milwaukee wb 14 Toledo ....- 3 Le FRIDAY'S SanES: National League. ' St. Louis 4, Boston 2, Cincinnati 1, Brooklyn 0, Chicago 0, New York 3. i Pittsburgh 8, Philadelphia 3. American League. Boston 4, oreaee 7 American Association. Milwaukee Kansas City 10, . Minneapolis 5, St. Paul 3. Others postponed, rain, National League. : R. Score: o> gs. SCT. Chicago . 0 3 z New Yor 1 Bate; Farelrl; Score: a Cincinnati. 7 0 Brooklyn ‘. 2065. 5 8 Batteries: Luque 4d Rariden ; Marquard, Cadore and Krueger, Score: R. H.’.E. Pittsburgh 8 TO f 4 1 Coper “and Sehinidt ; Oeschger a nd Adams, Score: bE. St. Louis ... 6 1 ae ft fa Tuero, Sherdell and J Pet. SQUIRREL FOOD iv RUN OTTO AUTO ON “To AS GOOD AS STOPPED, ATREAD-Mint- HELL BE Sten tteneencnenntel temenrmmmatinnniiienarnant nmin YouR RIGHT CHAS. IF 1 STAYED )). ON HERE iD BE GOING, BuT NOT GETTING A THE SAME‘ AS RIDING) A MERRY-Go- PON. BUT- AS To:;J<\ peas GETING: ia ilingham, Northrop and ~ American League. . :: i i. i 3.20 1—Captain Eddie Rickenbacher, referee; 2—Lieutenant Jules Goux; *3—Lieutenant Art au Klein; 4—Lieutenant Andre Boillot. i di : ; Z . . STARS WHO FOUGHT FOR LIBERTY IN oie eee oe ROM MORTON COUNTY 3 Hiam Boehm, Plaintiff and Appellant, Theodore Long, De- fendant and Appellant, Fred H. Mot- cif, Intervenor and Respondent, labus > ‘ ection 7418, C, 1.1913, which provides that “any person may before the trial intervene in an action or Progeeding, who has an interest in the, matter in litigation in the success of dither party, or an interest against both”, applies to an action for specific performance, 2, Al persons who ‘are. interested Mm the enforcement of the contract oust be, and all those directly and pecifienlly . interested in the subject atter may be, joined as parties; to sult for specifific performance. 3, The plaintiff brought the instatit tion for the specific performance of. m alleged contract to purchase real roperty. -Pending such action, the'de- pndant conveyed .the premises to the aintiff.. The intervenor claimed to ve purchased theypremises from the efendant, and to be entitled to speci- performance of his contract of pur- fase as against hoth the plaintiff and efendant. It is held that these facts fesented a proper ease for interven- jon under. Section 7413, supra, 4. In the: instant e ite held, r reasons stated in the pinion, that he intervenor “had an enforceable con- act for the purchase of the premises: volved, and that a Judgment. award-| he specific performance thereof is Aght and should be affirmed Appeal from the District orton County iessle, Special Judge.’ From a judgment in favor of the JeERSBOY, plaintiff and defendant. te pei Affirmed, B Opinion of the Court by Christian: n, Ch, J. H, Stutsman, of attorne ourt of Mandan, N for Appellants, ivan, of Mandan, N. k., attorneys for Respondent, FROM DIVIDE COUNTY Helmer Hellebust and! Alfred Helle- ist, Plaintiffs and Responilents, vs. win Bonde, 'T. S. Stuart and H. J, jartvig, Co-partne doing _ business nder the firme name and Hide County Development. A: efendants and Appellants, labus: In an action brought to recor joney, paid under an alleged agree- ent whereby the defendants were ‘to y over the money toe the United ates und to the county to enable he plaintiffs to perfect filing and try under the United States home- ead laws, it is held: (1) While a misrepresentation of Ww may not support an action for de- it under Section 5944, Conypiled aws. of 1913, a promise by the de. mdants to pay to the Govermuent nd to.a county money which is pot quired to be paid may be con promise without A intention of rfotining”, within Seefion 5944. (2) Where money is alleged to have en paid. to the defendants to be ap- fied on behalf of the plaintiffs, and cannot be so applied it may be re- ered hac! (3) Where a contract. is induced un r a pnise Dp Pehansion of sat by one B. T. . BURKE ens Bock plamarch ND. -| full amount owing thereunder, . | tiff endenvored to redeem and. tender- r}| Defendant refused to derert | st By FRED. TURBYVILLE Indianapolis, Ind—They are calling this year’s 500-mile race the “Victory Sweepstakes” and well they may, for entered in the race are a galaxy of Stars who fought for liberty cn tne blood-soaked fields of Francé and they’| justly deserve the admiration of the auto race fans. Competing ‘with each other for premier honors in the world’s greatest automobile event. will be the soldiers of the allies who figuratively fought side by side through the awful conflict just ended. French, English, Italian and American’ drivers—men who have been near death in other vehicles.than racing cars—are favor- ites,--sentimentally-at least, in this year’s long grind. If a service man wins the 600-mile race no one will complain.g With the running of this classic on May 31 automobile racing will be re- sumed in America. With machines speeded up and made more perfect as a result of war in- party, of, which the other is aware, the contract may be rescinded under Section 5855, Compiled Laws of 1913. (Orth vs. Procise, 38 N, D. 580). | Appeal from Divide County, K, EF. Leighton, ‘Judge, Affirmed, Opinion’ ris Nie Court by Judge, \ Brace & Stuart, Crosby, N. Dak, at- torneys for Appellant Geo. P. Homnes, Cr attorney for Respondent, . FROM CAVATIER COUNTY Cornelius’ Jordan, Plaintif€ and Re- spondent, ys. E. I, Donovan, Defend- ant and Appellant, Sylabu: (1)_A certain contract for deed, ex- ecuted by defendant to plaintiff, ¢€ ing a certain tract of land, is ¢ ed and under all the circan the case;it is held that such contract as a matter of law is in the nature of a mortgage and it is held Q he such. (2) Defendant foreclosed the con- traet and recovered judgment for the Plain- Birdsell, by, N. Dak, ed the full amount nece redemption from suc ry to maki foreclosure. ive the same unless plaintiff would pay an addition- ab sum ofsone thousand dollars claim: el toh heen paid out by defendant as atorne n defending Jordan's title to the Jand tinst certain ac- tions secking. to conest. his title. there- to, Held that plaintisf?® had the right to redeem ‘without pa or tender- ing to defendant the one thousand dol- “by the defendant to have id out by him for aftorn Neged 3 simple debt only and could not be tacked on to the ‘amount nec y to redeem from the foreclosure sale; neither did indebtedness from plaintiff to defend- ant, if any, on account -of defendant paying, out money for ‘plaintiff for at- ’s. fees in defending the title, rany right or authority upon the defendant to file a notice of lis pon- dens “in,an-action brought by defend- ant fo recover the smonnt alleged to have ben paid ont, for attorney’s fees on behalt of plaintiff, Appeal from the District Court of Cavalier County, Seventh \ Judi cial District, Hon. W. Zuttz,) Judge the Second Tudicial District, acting es and at the written request of Hon, W. FRANCE TURN BACK TO OLD SPORT (well in the war and they're. glad it is | Attorney for HSHII QUIT BECAUSE HE ventions -and’ improvements ~ faster |* time than’ ever -was before made: is } looked for, With hearts lighter and responsi- | bilities ended the thousands and. thou- sands of fans who yearly ctammed In- dianapolis before the war on the day | of the race are coming back again. | The entry list is by far the classies ever kridwn. It is one of the largest on_record. For two years there has béen no | Speedway race. Carl Fisher, Speed- | way king, wouldn’t’ consider holding the event with. his. country at war with the enemy of eivilization. War is over and the manhood. of the allies is, returning to peacetime pursuits. THere ‘may -be those who wouldn’t consider automobile racing. a peaceful pursuit but it is the chosen work of those stars who fought “for liberty over there. It is. their work and their play. They did their part in bei jJul Fr Pr Pr over, Once a-race driver it is hard A break away. ; Su ed Judge of the Seventh Bri J. Kneeshaw, Judicial District. / Affirmed. ‘ Opinion of the Court by Grace, J. Christianson, Ch. J., concurs specigl G. Fr Grimson, Langdon, N. Dak., At : Plaintiff ting” Respondent. «Price, Langdon, N. Dal defendant and. Appellant, WASN'T PEACE DELEGATE Tokio, ; 7.—Here's the real reson, And to ‘Tapartese panel for the return of Ishii, Japanese am- bassador to the United State: He ts peeved because. he was, not made a delegate to the peace congrgss, | Ishii was. urged for a placelon the peace delegation, too, by Us foreign minister, but Premer Hara would ‘not appoint him because Ishii was foreign minister tothe Okuma_ ministry and Hara. catered. to the Satsuma men, Just a- bit of Japanese politics! He Was persuaded to s n “America for the purpose of conferring with Wilson on the race, question, but failed in this because Wilson rettirned too quickly “to Pa ‘Then, Ishii went), home, . Sv the ms to be nothing to the re- ports, that he went--home_.becauseof differences with the American. govern- ment, iF pi Nomattér what yout’ busi tion oy de, You ican beit your tareer through a thorou: } practical commercial education. with dnowledge and training to back yous ‘you canclimb toanyheightyou choose, "Many graduates of the Dukora Bus- iness College ave developed nto big businessmen. now hold responsible executive posl- tions throughout the Northwest. Often. there are more calls for D. B. Ce “graduates than the college can fill. ‘The field for EFFICIENT. busine fen and women is never crowde D, B.C, students are made efficient, arealwayéin demand, is for full intonation ote PL ‘ins, Pres, DAKOTA BUSINESS COLLEGE, FARGO, N. ‘There Speedway ‘service .ilag: officer of the avintio jsoudan. —- + Rene ‘Thomas \ was injured in the e brought over a-baby Peugot anda Jean Chassagne mi: spector of planes, en Martin aisp] Speedway: Service ’ Flag ‘Re-starred..| in the were’ many... stars Capt. Eddie Rickeribicher, who ‘will referee the 500-1 mile race is the ace of American aces. planes. He ‘brought down 26 GETS ds, Lidut. Jules*Goun/Fretth ‘pilot, was! the artillery,/wears'& Wind stripe, ing injured ‘at -Belfort, in 1915, les won the 1943 ‘race. Beir: . Lieut? Ark, Kein gvas ‘engineering sérvice at Is: ench. aviation service; and ‘later was ea in charge of a-truck, repair. shop, : Andre’ ,Boillot, a "Meutenant in ‘nich aviation. He isa French ace/| ench spad. \ Louis Coatalen, Sunbeam _ builder, Was a membey.of the ilty during: the war. “Hé designed the British, adniir- mbeam ‘aviation motor which divid- honors: with the Rolls-Royce ‘in ‘itish service. was with. the ene artillery a year and then was Mulford joined the Wright: e conrpithiv? when the tHe: wi ‘He developed the ‘Hispano“Suiza ‘engine: planes: Charley. Merz, famous rivet, i is nol entered: in. the race. over there. , Albert Prevot,: whov's i t He ‘did his bit The Oldest and Largest Bank inthis section of the Staté ~~ seeaiph De Palma! was in the {mental division of ‘the U,‘S. air ser- vice. doughboy. Albert Guyot, Jule: Louis Wagner were aviation service. ‘IDAHO SHEEP BRING NEW. PROSPERITY In ‘the MANISTIQUE, MICH, «which peninsula Cloverland. url Indian Lake. e dechired: that upper. WARS sideal. for sheep “-ratsing, provell * unsticvessfil, Trinde ganizition was blame’. for’ thi received suport froin ‘business ‘ th of the Strafts yIF: vOF TIME * lightest, fdod, ‘ar keéj) doétor’s‘nredicine- on | ana was: tortured with: pat recommendation .of afriend ¥ f bottle of Mayr’s: Wonderfi and she isvall-right now and ed: forty. entar tra éinses..practically ‘all stomach, and intestinal ailments,’ pendicitis. One dose ‘will convi money refunded. ‘or gale by all druggist Problems “There are many. big problems ahead of us:and ready money and the b es! way to accumulate this i is to open a Savings Ac- count, in this bank. and deposit regularly, a. por- tion of your. earnings. This strong; old: estab- lished institution assures absohite safety: for’ your funds and ou¥ ‘experi-_ enced officers. and_ em- ployees are always at your service, \ é We will. welcome ‘the opportunity “of. making your acquaintance, __ Established 18795. P..W. Monahan was san ‘American Bablot and MICH. CLOVER LAND |' « May 16.— Idaho sheep>being brought to North- ichigan ‘to graze: 6n large ‘areas portions ; of” the® district which, upper christen ‘The latest ishipment front :, Idaho, brought 3,000 sheep to / Some. years ‘igo after experts had Michigan > feet, Uf this kind wad latuiched. mit it |) uate or: Mie. Present sheep raising, project his: tions .in | nearly. every. Michigan. city: Mackinac. ‘My? wife Was unable to ‘eat even: the had falien away to She’ could, not even r stomach } | Remedy harmless preparation that ¥émdves the 71 niucns. from ‘the: intestinal | and allays:the-inflamation which ficluding ap- many big. opportunities, | eano in yuk Puan STM OR Sune Ora AUTO |DENVE ER W LVOTE. | ON BOND ISSUES Expenditutes | of fOr Latee ‘Sina Planne by Colorado Capital DENVER, .COLO., May 16,.-dn ad- ditton to bond issues totaling $3,850,- 000, the ‘voters of. Denver on May 20 will pass on, five ‘proposed ‘changes: in the city cliarter, ‘The bond issues, whtch, will be ‘Voted on only by’ taxpayers, ‘would. provide ‘$8,000,000 with which to. contruct a new. city hall: and - court house, on ‘property adjoining’ the “Civic center } on the west and thus form a “bal- ance!” ito . ‘the “state capitol which Staiids: east, of the Civie center.,. The feitiaining $850,000 Would be used to constrict. a fiherculosis hospital ‘and provide: addjtional facilities at the cotvnty. Hospital. are The charter “alnendments | would modity the présent “mayor ‘form ‘of muniteipal government under which | the mayor-has ‘unusual powers, would provide for! a commission to | super; vise’the construction of the, proposed city hall and court house; increase ie fay of. city, firemen and ‘pol cemen, ra month} ‘extend the civil service clause ofthe, charter to include. .all city “employes and. decreage a public utilities commission to regulate rates on public utilities in the city, The most revolutionary of the pro- poked amendments is the one affect: ing the form of municipal government. In addition’ to ‘providing for the mayor and sixteen councilman, the _amend- mhent would make-eight ,of the execu- tive officers of the municipality elect- ive instead of, subject. to apointment by ‘the mayor; Na at Dregent. experi- French / TO fe te Welare formed+ ' mh That isn’t the natural Jand. a pro- palais breezes, failw \ HoM E. asocin- ‘On. the bonght liver } ‘ince or i ¥ “ners, driving, on the left side TUL LEAVE: CATAPULT ATTACHMENT: Scie SLick,, EH 2 “HAT 10 MN 2 iWATER POWER WASTE IN iT AND. i350 i. Py, ‘shuatinde Ne ‘pewter power projects. Which would- double’ the sout- put for power, fraction and lghting in Scotland are going. to waste ,accord- ing to the teport. 6! thee Power Resources ‘committee hey have, out: \jined nine scheiies’ W dould trans- mit power to Glaskow, he’ Clyda@ val- ley,” Editiuig, and ‘Aberdeen tind Dun- deé, These projects would generate 182,500 horsepower, PHYSICALLY. FIT... AT ANY ‘AGE Mt fwn't age, it’s, carblege living ‘that juts ren “down and eat, your internal organs in eee canto and you will always be. phynically he ‘The ‘kidneys are the etl over- 1s the worked organs .in..the bi \ When ‘they break down, ‘anuer, atrain’and the deadly: ‘arte. ‘acid: ‘ac- eumulates- and crystallizes: ok ‘out! + These sharp crystals tear ‘and écrateh tne. ‘delicate - urinary: ichanpels: cau ing excruciating, pain) and. set up: irrita- - hone which may Cause, prémature de- ueration and often’ do~ ‘turn’: into adly: Bright’s Disease: Gre of the first warnings ot. calli’ shakidney. action -is. pain or: stiffness Bs the small.of the back, loss of“appe-. — tite, indigestion or rheumatial Do not wait until the danger fa ipon At the first indication of: trouble. yor ie is not eo sir, to ikeep. your babies cooped upina close stuffy apartment. ‘should be, out in the open—out. where they receive” ‘the: benefits. of wholesome sunshine and body- Ask. U8. to:show. you the ideal Spot. for YOUR. - Bismarck Realty Co. | «. ,Biamarck Rank Bldg. ck “ ‘The city commission has directed the police commis- . Sioner- to appoint a dog-catcher immediately with instruc- tions to pick up and dispatch every dog found anywhere in the city of Bismarcic without: 1919 lifense tag. ., if you value your dog to'the amount of $1 it would be, advi Ne for, you to inimediately call upon City Auditor Burton. or: the caretaker at the city hall and proture a ~ license tag. Dogs taken by the. dog-catcher cannot be held for-redemption, but will be dispatched immediately, C. Martineson, poe ATTENTION -AUTOMOBILISTS!: > | : | Sy, Fe a ; “ City ordinances prohibiting speeding, cutting cor- lations of traftle ret regulations will be strictly enforced. Plain clothes traffic policemen have been appointed with instructions_to arrest, every violator, and the full’ penalty of-the law will be exacted in every case, \ . Your co-operation i in the‘enforcement of traffic regu- lations is earnestly solicited. . a [eosieesse oe o] C.Martineson, ter the cause at once, Get a trial: of GOLD MEDAL Haarlem Qil Capsules, imported direct. from, the laboratories in Holland. ‘They will give elmost immediate relief. for. an: tatise: they should ‘not, your money will; ge-refunded.. But be sure tog DAL. None other is genuine. Jn: ied bores, three ‘sizer. of Yo Baie way to live, Youngsters to9 Me _ Chief. of Police. of the street and other vio- ™~ ~ Chief of Police. f