The Bismarck Tribune Newspaper, June 5, 1919, Page 7

© Deno Bq ye" UPREME COURT SAYS LEAGUE NOT PLAY FAIR WITH CLIENT IN BIG ACTION Deed and Assignment Procured by Les Simnson From Mrs. May L. : Moran Must Be Returned, Says Hirhest Tribunal LAWYER DID in North Another echo of the “J. C. R.” case, which seems to have nine times the hine lives of the long-lived cat, was heard in supreme court today. when that tribunal reversed a verdict ren- dered in the Stark county district court under Judge Charles M. Cooley, sitting for Judge Crawford, in which was upheld a contract entered into by May L. Moran, daughter of the late J. CG. Caldwell, through which Les A. Simpson and Tobias D, Casey were to receive a percentage of any portion of the Caldwell estate which they re- covered for Mrs, Moran. The supreme court: in reversing Cooley holds such contracts antagonistic to public pol- icy and for that reason declares the contract of Simpson and Casey with Mra. Moran null and void. An appeal was taken from ‘the Stark county court through Attorneys R. H. John- gon, W. F. Burnett and F. H. Register by Mrs. Moran, who now appears to be the sole rightful heir to her father's estate of $125,000 to $150,000. Was Cut Off in, Will J.-C. Caldwell, the Stark county rancher who with his second wife was oge m wiisuasesceaen, —— ,.. MARKETS | 18 LOQHIOAGOAVESTOCK Ligkiexgo, Junte’S.—HOGS—Receipts, 60,000'head; market mostly 15c to 20¢| lower; bulk of sales, $20.10 to $20.30. | Heavy weight, $20.15 to $20.25; _me- dium’ weight, $20.00 to $20.35; light welght,.$19.70 to $20.20; light weight, $18.75 to $20.00; heavy packing sows, sniooth, $19.60 to $19.90; packing | sows, rough, sees to $19.50; pigs, 18.00 to $18.75. : 0 Be Receipts, 12,000 head; miarket’ about. steady; calves, stea 3 beef steers, "ehoice and prime, $14,75 to $15.25; medium and good, $11.75 to $14.75; common, $10.75 to $11.75; light weight, good and choice, $12.25 to $14.85; common and medium, $9.75 | to $12.40; butcher cattle, heifers, | $7.25 to $12.75; cows, $7.00 to $12.25; | canners .and cutters, $5.75 to $7.00; -veal calves, light and heavy weight, $14.00 to $15.60; feeder steers, $10.00 to $13.00; stocker steers, $7.75 to} $12.50. SHEEP—Receipts, 15,000 _ head; | market steady to lower; lambs, 84 Ibs. | down, $12.75 to $15.50; 85 Ibs. up, $12.50 to $15.35; culls and commons, | ¢ 12, 9.00 to springs, $16.50 to iis eurling“wethers,- $10.50 to] $13.00; | eWeu,? thvediums. good “and ; chelne re to.$10:00; culls and com-/ mons, 4,00, to 8-00, | » PUD SF, PAUL IVESTOCK. SE eBay Mtn, ; Sune cdix-Hogs,.£9 | cetpity. 7,1 téadys 4" 2 Range $19.65 to 19.80. Bulle $19.75 to 19.80. , ‘Cattle 4,200; Killers | weak to 25¢ lower. Oe | ‘ Steers $6.00,/to 15.00... . Cows and heifers $5.00 to 12.75. éAl calves 25e; lower $6.00 to 13.50. tockers and feeders $5.50.to 14.00. Sheep 100; steddy)to 60,cents lower. 1342.210¢+ Weathers $10 ta 11.00. Ws 00 to BiEaa! ai Minineapol jour. Flour/unchanged shipment 80,111) rrels, ¢ Barley 108 to 118 1-2 - Bran $34.00, NOTICE OF CITATION, HEARING OF FINAL ACCOUNT AND DIS- TRIBUTION OF ESTATE. Dakota attorneys is held.to be against public policy and for that reason void. “This being true,” rules the court, “it made void the further provision in the con- tract which stipulated the amount of fees which defendants were to have received for services to be rendered, by them to plaitniff under the terms of such contract.” Gave Attorneys Deed murdered two years ago, had two chil-| tain realty and an assignment of other dren. Jay Allen Caldwell, his son and | property which the attorneys. claimed favorite, disappeared several days ago| they were entitled to in payment of when he was a youth of 17. He never | special attorneys’ fees, “without the has been found, altho a Chicago wom-| defendants at the time of procuring an who picked up the mysterious “J C. R.” at Rochester, Minn., about the time of Caldwell’s disappearance, brought him to Dickinson some time later and attempted to establish his identity as the missing heir. In the meantime May Caldwell, the daugh- ter, had married against her father’s wishes. Shortly before Caldwell’s death, when “J. C. R.” renewed his attempt to claim the missing son’s estate, Mrs. Moran joined with him, recognizing him as her brother and testifying in his behalf. Then_oc- curred the double murder at the Cald- well ranch for which a ranch hand is now serving a life sentence in state’s prison here. When Caldwell’s will was read it was found that he had cut his daughter ‘off with a pittance, while the entire state was left in trust with twq cousins in Chicago for the missing Jay Allen Caldwell. “Then Mrs. Moran joined forces with “J.C. R.” in an effort to break the will, This failed. “J. C. R.” seems to have been finally thoroughly discred- ited. He left Dickinson, and when last heard from was begging on the streets of Seattle. /It was while at- tacking the will in an. effort to gain her share of the estate that Mrs. Moran appears to have entered into a ‘contract with Simpson and’ Casey, then. acting as her attorneys, by the terms of which they would receive a certain percentage of any share of the gist which they egqvered for their client. From Tub to Affluence Then came . developments which seem to have established Mrs. Moran’s clear title tp the entire estate. From washing clothes for neighbors to eke out a bare livelihood, Mrs. Moran ap- pears to have been elevated to com- parative affluence. She then brought suit against Simpson and Casey to break the contract which they held. The Stark county district court deci- sion went against her, and_she ap- pealed to the supreme court, where she has won. x The supreme court opinion, written by Justice Grace, holds that the: writ- ten contract for attorneys’ fees en- tered into with Simpson and Casey is against public policy. The. contract, for attorneys’ fees prohibited «the plaintiff from entering iito any ne- gotiations for the purpose of arriving i i j tr, sette- cerning’ certain claimed by here, and, adversely to her, elaimebd by those against whom the litigation was to be instituted, without; her-first having. obtained thereto the|. written consent and approval of her| State of North Dakota, County of Burleigh—as. In’ County Court, Before Hon. I. C. Devies, Judge. | In the matter of the estate of Dan-; fel Williams, Deceased. | Erastus A. Williams, petitioner vs. Frances Ford, Nettie Morgan, Frank W.’. Murphy, Odessa M. Remington, Herbert’ Murphy, Loyal W. Murpliy,' ‘Willfgm’B? Williams and John A ligms, respondents. The state of North Dakota to the above named respondents; You, the said Frances Ford, Nettie ‘Morgan, Frank W. Murphy, Odessa M. Remington; Herbert Murphy, Loyal W. Murphy, William 5. Williams and J." A. Williams are, hereby notified tliat the:tinal account of Erastus A. it sith ecutor of the last will and testitiiéit’ 'of'Daniel Williams late of the TowHdiipiotrRainted Woods in the orm h-and state of North’ Dakota, deceased, has been rendered fo this court, therein showing that the estate of said deceased is ready for final settlement and distribution, and petitioning that his account, be allowed, the residue of said estate be dfstributed to the persons thereunto ‘entitled, his administration closed and he’ be discharged; that Wednesday, the njnth day. of July A. D. 1919, at ten o'clock in the forenoon of that day’ at the court, rooms of this court | ja the court house, in the city of Bis- marck, county of Burleigh and state of North Dakota, has been duly appoint+ ed by. this court for the settlement thereof, at which time and place any person interest@d in said estate may appear and file his exceptions, in writ- ing, to said account and petition and contest the same. ~ And you, the above named respond- ents, and each of you, are hereby cited. and required then and there to be and appear before this court, and show cause, if any you have, why said ac- count-should not be allowed, the resi- dne of sald-estate distributed, the ad- ministration of said estate closed and said Erastus. A. Williams, executor of the last will.and testament of Dan- fel Williams, deceased be discharged. aa the fourth. day of June, A, D. By the court: f I. C. DAVIES. ; Judge of the County Court. Let the foregoing citation be served ypublication in the Bismarck Trib- ge; a daily newspaper in the city of Bismarck, Burleigh county, North Da- /¥ota once each week for four succes- i sive weeks, and posting as provided by law. Pier I. C. DAVIES, a Judge of the County Court, Benton Baker, Homeward Bound bendK-K-Katy Don’t Cry Frenchy Up in Mable’s Room My Persian Pearl Good-by Old Khaki Kid Mandy and Me Minnie Shimmies for Me And many other too numerous Friday and Saturday, only . WON Bismarck you'll know that it is a— Attorney for Potiliower;: » ‘Bismarck Bank Building, +. Bismarck, North Dakota. FES SUSE T eiatanh ere Oech Dis Bismarck the last six months as an aide'to A. C, Townley of the Nonpartisan league. jie te affiliated with J. W. Brinton in anks. FARMERS URGED ‘ Agricultural day. Friday---Saturday 10c ‘When It’s Rosebud Time in Rosebud Where Do We Go From Here Take Me Back to 'That Rose Covered Shack When Tony Goes Over the Top It’s a Long Way to Berlin tt » Every Day. Will Be Sunday When the Town Goes Dry’) Good Morning Mr. Zip Zip JER 5and10c Store A Good Investment THE SECURITY IS GOOD. THE PRODUCT IS GOOD. THE DEMAND IS GOOD, THE PROFITS ARE GOOD, Come in and get the facts about our farms and GOOD INVESTMENT. Bismarck Realty Co. — -|same, having explained to the plain- tiff the terms of the contract of em- ployment,’ and without them telling her that she was not required by the terms of the contract to give such deed and assignment, and without having fully and fairly, as her attor- neys, advised or explained to plain- tiff her rights, powers and privileges in such matter. of the confidential relation existing | ~ between defendants and plaintiff at the time of the execution, of the deed and assignment and the failure of the defendants to properly advise, direct and counsel plaintiff in all the mat- ters above stated, that the deed and assignment are wholly void.” It is held»by reagon Simpson has been very active for. TO SOW FLAX TO MEET SHORTAGE College Advises That World’s Supplies Are Almost Exhausted ; Fargo, N. ‘The flax situ When the North Ameri-; .FIT WELL—WASH ‘EASILY: ’ Cluatt, Peabody & Co., Ine., Troy, N.Y. The court finds that the plaintiff, at the solicitation. of her attorneys, gave them a deed for one-half of cer- D., June 5.—Sow flax—it | is not too late, and the world’s supply. fs of flax. is ati a low point, says an peal mailed out to the farmers of. North Dakota by W. C. Palmer of the jagricultural college. tion is serious,” said\Mr. Palmer to- “Recent careful surveys “show | that the flax and linseed oil situation is more acute than it has been for a long time. can crop comes onto the market, the’ supplies the world over will be prac- tically exhausted. This should assure | || with. @ good price. x: ed by the industriés,” BYERLY OF VELVA cratic Leader Named Grand Master of Odd Fellows ‘announced: today,\‘as follows :: bie, Cavalier. For Eye Trouble —see'a specialist of known bility. é , Our Optical Department is horoughly fitted for accurate work. It is in charge of an experienced dcculist. who will examine young or old, care- fully prescribe and accurately | fit the required glasses each about eye troubles, they are too precious to take chances 1 | “OUR EXPERIENCE COUNTS” E. B. WOODWARD, , BONHAM BROS. Jewel, ; here is yet time to sow flax, A. few additional acres of fldx put in by each. afrmer will help add to the supply that will be need- HEADS KNIGHTS OF THE THREE LINKS Prominent North Dakota Demo- ni —— § Fargo, N. D,, June 5._The officers for the coming year of the North Da- kote, Grand, Lodge of Odd Fellows, elected in a referendum in which all subordinate lodges. patticipated, wera rand master—W, BD. Byerly, Velva. puty grand master—Andrew Rob- case may require. f ft; Don’t delay or - hesitate wood. Secretary—Don McDonald, Grand Forks, ‘ rd, Devils pean er ole Serumga: e. The new officers will be installed at: Thursday's session of the grand lodge. O. A. Wegster of Grand Forks is the retiring grand master. DICKINSON WINS ODD FELLOWS MEET Fargo, N. D., June 5—By a vote of 105 to 17 Dickinson won out this morn- ing over Bismarck in landing the 1920 grand lodge. convention of the Inde- pendent Order of Odd Fellows, which. closes its sessions here this after- noon. ° After heated arguments, the matter of changing the basis of initiation fees was postponed. se HH HOLAOMUUUVLUUOAEOAOAAUULAAOARUGUGEAERARUATOAU OUELLETTE AAT pyright 1919 Hats Pn SE, to mention on sale 1 0 c North Dakota mate "MORE MILEAGE, ADJUSTMENT ON GOODRICH TIRES — Fabric - = Silvertown Cord Grand warden—Ben Wright, Sher-| BURLEIGH COUNTY MAN DIES (FROM INJURIES The death of John Goetz of Krem, occurred this morning at a local hos- pital, as a result of internal «injuries received when. he was kicked by a horse a short: time ago. leaves a widow, two daughters. and a son. He was 41 years old. f phar betel hvcarcieesa At Hall of States. “ Mrs. Frank White, wife of Col. ‘White of Valley City, and in charge of North Dakota’s room in the hall of states of the New York war camp community service, writes under date TURSDAY, JUNE 5, 1919. BURLEIGH COUNTY PLAY DAY ‘EXERCISES FRIDAY. Play day will be observed on Fri- day for the first time in Burleigh county. The celebration includes run- ning and jumping contests and other features which will be held at the ball park near the capitol. It is hoped that the parents and school children throughout the county ‘will ba in attendance, and that every school will be represented. ———___—_— 4 Training School Picnic The members of the tesinlng. school of the Bismarck hospital, enjoyed a ienic on Wednesday after- Mr. Goetz of May 30 that 26 men, two of them rard’s grove, with about 60 the from North Dakota, registered during that day. TRADE MARK (i ’ The. City ‘of GOODRICH Akron, Ohio -' 6,000 Miles ' 8,000 Miles New Styles by express from Hart Schaffner & Marx | F model Suits for/Symmer. express’ that quickly. rived; others are coming in almost daily. The New Waist-seams You'll like the new models for Young Men; ‘igreat variety of brilliant patterns; fabrics All-Wool; guaranteed. style; the materials and tailoring are 80 that the clothes wear a long time and pre- serve their style. You'll find them most un- usual values. here, (too; the right size, the right pattern and the right fabric. It'll pay You to inspect these new arrivals now. . ...... _ BERGESON'S “The 88th is coming in now,” advises Mrs. White. Under & alter date Mrs, White writes that Miss Macdonald of Fargo was among the| p returning war workers to register. ia ‘oun i were some of the pl of the affair. OR your further benefit we've just purchased from Hart, Schaffner & Marx a large number of the latest Had them sent by you might get them more The first shipment has just ar- These Suits have the You'll find what you. want PERSONAL SERVICE AT *. 4 MAUVE HSUPA PAO Schaffner & Mex & ee 7