The Bismarck Tribune Newspaper, July 10, 1919, Page 7

‘Terms Strictly Cash—No copy without remittance attached will be inserted, Firat insertion, 85 cents; additional insértions without clitinge of copy, 15 eonts. Advertisements containing more than 25° words will'be charged at the rate of two cents & word for each additiorial’ word, ae SPRY Copy for Classified Advertisements, to ihsure propér insertiény mest ‘be ii this office before 10 4. m. of day of publication. HELP. WANTED—MALE ‘WANTED—Capable men and women or young married couples as) attendants at the State Hospital at. Jamestown, N. Dak. From $45.00 to $70.00 a month, Separate house furnished, G. GC. Law- -batigh, Halliday, N. D. T-9-1Wwk HELP_WANTED—FrEMALE. WANTED—Giri- for- housework; -Perma- depending: on service, with board, room . Fi nent: position, at hi fi 1 Ana atundry: gadarese WwW. M. Hot h. for: po. Lahr at Spohr Moler soles i MEN AND WOMEN learn barber, trade | WANTED—Gii_ or woman “for house method, Constant practice. Low sum- ee Phone,.1665. deveet mer rates. Write for catalog. Moler | WANTED—Girt. ‘Apply’ Dunraven. Barber coHege, 27K ‘Nicollet Ave., Min- “ 1-9-1wk neapolis, Est. 1893, 3 7-2-1me | WANTED—Housekeeper — on. farm for Write Los Angeles Y. M.G,.A. Auto| Widower with three children; good School. Get started right. 7-1-1mo.|. Wages. Write F, H. Bobzein, McKen- zie, N._D. 7-9-8t WANTED—Married man with f children to work on farm by year, oF WANTED—EBiderly. lady or widow as to rent farm and run owners cattle,| housekeeper for widower: Must be good On| tochildren, Good. wages. Steady job. sear scrote John J. Salle, Windsor, No Ds TIES OF ‘HER -3-1WI NATIONS! 3 WANTED—Pantfy girl at Grand Pacific 10) J Hotel, 6-28-tf —. WANTED—Chambermalds; apply Grand =, c Pacific. PPY geatett WANTED—At Bismarck Hospital, cook ‘and dining room’ girl, 6-25-3Wks POSITIONS WANTED POSITION - WANTED—By — young man running -gas- or. Kerosene engine, Has had six ‘years experience. Write No. 4 care Tribune Co... _! 1-9-1mo. WANTED—Man cook wants poaitfon ‘as cook in hotel ‘or réstaurant, Experi- enced; Address 670,_ Tribu ROOMS FOR RENT FOR RENT—Furnished rooms for light | i | | NORWEGIANS LOSING-A TOOTH housekeeping. 419 7th St. Phone 435R. TAGH DAVIN TH GOURSE: OF A : Teto-1wk, (EAR LOSE 365 TEETH. ‘BQOARD AND ROOM at 620 6th St: 1-8-8t DOINGS OF THE DUFFS Hun + SHES RoT vere! lot in_city as part payment. Call 416 12th St. 7-9-3t FURNISHED. ROOMS at the Beardsley place. Suitable for gentlemen.’ ‘217 8th hone _ 298-U. 1-8-iwk FOR SALE.OR RENT -HOUSES:AND FLATS FOR RENT OR SALE—4 room-house, 2 lots, basement with furnace, good water New barn and cement ‘walk all around. Inquire G. Brugger, oe Idaho, or Joe Tavis, Flasher; 5 -8-lwk zz a a FOR RENT—A five room house. Inquire < . SG _) 1-8-1wk 11S SAID-THAT MONIES: E ‘Six room house, bath, light EASTERN TIBET CANNOT: UN- hardwood floors; new, $26.00. | F.. DERSTAND A WORD OF ENGLISH Young Real Estate Co. 6-6-tf WANTED 70 RENT WANTED TO RENT—A five or six room modern house. Write 684 Tribune. -: 1-8-1wk WANTED TO RENT OR BUY—Modern house. Obert A. Olson, Phone Lea SALESMAN WANTED-—Strietly high grade salesmen with clean records, those who have the ability to. earn from $6,000 to $15,000 an- fiually. We have men that run from $250 to’ $1,000 per week on one specialty alone. ‘Address Atlantic Paint Co., 185 Madison’ Ave., New York City. 1-0-3 =1-3t IN_ DENMARK Wri LOSE! berger HAIR, EVENTUALLY BECOME BA LD. i, AGENTS ONE of the most important discoveries of the age, Millions are suffering with Rheumatism, ..An .Herb that actually drives the most stubborn case of Rheu- matism entirely out of the system. ‘Many people have written us and say they are astounded at the results, The effect_on the kidneys is simply marvelous. . You bathe: your feet in it for 15 minutes a day for 10 days. Agents are coining money. Price 72c poun ostpaid. Rheumatism Herb Co.,; Santa Monica, California. a MISCELLANEOUS FOR SALE—One used Bush __Pldno. Cowan's Drug Co. FOR SALE—A reed baby carriage, -in good ‘condition, .Call at 514 6th St. ; 7210-3t FOR SALE—Fairbanks Morris gasoline engine and feed grinder, hog waterer, wagon, 2 sets of harness, incubator and brooder, DeLaval. separator No. 12.and various’ ther farm implements. Mrs. Ida M. Wiley, 417 10th St, -_7-10-2t FOR SALE —“Phonogtapn, algo one right front and one right rear straight Ford & Gerts 1-9-3t 4 ris REPORTED THAT FISH IN fender; 1, set_of three. quick change | SAMOA-NEVER-CLIMB TREES. franaritedion Deas LE A Thgawt FOR SALE—One twelve-foot Sherer-Gil- lett grocery counter; one Money-weight Dayton computing scale. J. H. Gambs, Pettibone, N. D. F-9-3t FOR RENT—Two % sections hay land east and forth of McKenzie. E. V. Lahr, First Guaranty Bank, Bisinaker: FURNITURE FOR SALE—I have a few pieces of furniture for sale between now.and July 25th, and may be seen at 492 Fourth street between the hours of 1:00 P..M. and 5:00 P. M. or. by appointment. They consist of: 2 bed room sets, 2 parlot tables, 1 6x9 rug, 14% x 7% rug, 1 latge oak davenport, 1 hall seat, 1 electric stove, 1 ice bo: 9 chairs and rockers, 1 child’s bed. B,C. Marks. 1-9:twk 50 RENT—Desirable modern offices in The Western Sales Block. Inquire Western Sales Office. 7-8-lwk FOR SALE OR_RENT—2 chair barber shop with building, 24x18 ft. Lot 25x140 NATIVES OF AFIGHANISTAN RARELY EAT SOUP. WITH A KNIFE ¢! a FOR SALE—Young Spring Pigs. Apply Charles L. Pearce. Phone 544-R or cail at_farm, 7-T-Awk FOR SALE—Large tent. Phone_ 4. K. 1-3-1wk FOR SALE—One solid oak lunch counter. 24 ft. long, and 13 stools. Write or see B. Woodward, Lidgerwood, N, 7-5-1wk FOR SALE OR RENT—Building 24x44, Can be used for store or garage; hall overhead, Call on or address Pool Hall, Baldwin, ND. F217 WANTED—Clean” white rags. Apply Tribune, 5 7-5-tf FOR RENT—Desirable modern offices in the Western Sales Block. Inquire Western Sales Office. 1-3-1wk WORK: WANTED WANTED—Place in private family where young man attending Business College could work for board and room. Write 1, care Tribune. 7-9-4 pT i ea a Praia gl wh FOR SALE—Oakland Six Sedan |G. Brugger, Wildes, Idaho, or Joe ‘Tavis, Flasher, ND." '7-8-1wk FOR SALE—Home. Bakery, one of the best paying bread shops in Bismarck. Doing $800 a month, cash and_ carry. Building for rent or sale. 214 we nt if. taken jonds, one FOR SALE—Good piano cheaj at once, Will take Liberty DANGUNAYA ~ T MISSED VA “THAT WE BOT JusT WAIT MISTER SPARROW = TLL AUTOMOBILES—MOTORCYCLES FOR SALE—Buick truck. Apply Cow- _an's_ Drug. Store, 7-9-3t FOR _.SALE—Chandler...four passen _roadster, G, H. Russ, Jr. 4-5-1 FOR SALE—1919 Oldsmobile, for a quick deal to be sold at once for $1336. Extra new tires included, Write No. 659 ‘Tribune, 2-tf good as new, wire wheels, extra tire,’ Write No. 3 Tribune. 7-9-1wk LOST AND FOUND LOST—Large brown spaniel dog; lower lip split, end of tail bushy. Finder notify Supt. of Indian Shcool for re- _Wward, 7-10-3t LOST—A_ gold watch initial M. S.; open face, Finder return to Skeels, Electric Shop _for reward. 7-10-3t EOST—Between Ford garage and‘ Peni- tertiary,” tire’ rack and ‘Ilcensé‘ No. 31433, Please return to Ford garage. _ __7-10-3t LOST—Wire wheel with tire and tire cover size 30 x 3% between Bismarck and Wilton on West Road Friday morning, Finder please report to Bis- marck. Motor Co, and receive reward. Bismarck Motor Co, 7-1-3 LANDS FOR-BALEOR_TRADH—160 Improved | Burnett County Wisconsin farm for tractor or Dakota farm. Write me and let's make a deal. John Poortinga, Renville, Minn. 7-9-14wks, —_—_—_—_—__—_—_—_—_ SIDEWALK RESOLUTION Whereas, it is deemed necessary by the city commission of the city of Bismarck, North Dakota, that side- walks be constructed in the city of Eismarck, as herein specified: Therefore, Be It Resolved, that sidewalks be and the same are here- by ordered to be constructed in front of or adjoining the. following déscrib- ed property situated in the.city of Bismarck .and .the , city auditor is hereby instructed to. notify the own- ers of said property in the manner prescribed by the law of action of the city commission: , Along the north side of lots 1 and 24 blocks 90 and 92 Williams Survey along the north side of lot 1, block 88 William. Survey, along the north side of lot 1, block 5 Sturgis addition and along the north side of lots 1 and 24, ‘Dlocks 6 and 7, Sturgis addition. And Be It Further, Resolved, that the said sidewalks must be construct- ed in. accordance with the provisions of ordinances now in force and effect It Certainly Is ger wk »" "Tom Gets Excited About WEL, ine'S and not later than the 10th day ‘ot August, 1919, and should said side- walks, not: be constructed by the, jate herein set forth then said walks are hereby ordered to be constructed by the city contractor in accordance with the statutes made and provided. By order of city commission. C. L. BURTON, CITY AUDITOR. 7—10 28 SIDEWALK RESOLUION, Whereas it is deemed necessary by. the. city | commission of the city of Bismarck, North), Dakota, that side- walks be constructed in the city of Bismarck as: herein specified: Therefore Be It Resolved by the city commission of Bismarck, N. D. that sidewalks be and the same are hereby ordered to be constructed in front of or adjoining the following descrided property: situated in the city of Bismarck, and ‘the city auditor is hereby instructed,jo notify owners of said . property “in ‘manner prescribed. by, law of action of the city commis- sion; . Along the north side of Lots 1 and 12, Block 44, Northern Pacific Second Addition. Be,It. Further Resolved, That the said :sidewalks must be constructed in-accordance with -the provisions of ordinances now in. force and effect and not later than-the 10th day of August,,.1919, and should said side- walks not be constructed by the date herein. set» forth then said sidewalks are hereby ordered to be constructed by the city contractor in accordance with the statutes in such case made and provided. ~ By order of city commission. Attest: G,,L. BURTON, City Auditor. 7—10 28 SHERIFF’S SALE. State of North Dakota, County of Kidder—SSs. ‘ In. District Court, Twelfth Judicial District. » Sam Blank, plaintiff, vs. John A. Wagner and Dora Wagner, defend- ants. Notice is hereby given that by vir- tue of a special execution issued in the above, entitled action to me di- rected and delivered and.now in my hands isstied out of the office of the clerk of the district court of the Sixth Judicial District, state of North Da- kota in and for the county of Kidder I,,have taken and seized, and now have in my possession the following described, personal property described in said execution; to wit: One McCormick header. One gang plow. One mower. One hay. rake. and commanded, required and di- rected to sell said personal property I, shall at public auction on Satur- day, the 2ist day of July, 1919, at Wing, Burleigh county, North Dakota at the hour of two o'clock p. m. of said day at the front door of the post- office in the village of Wing, Bur- leigh county, North Dakota proceed to TO GET AWN, WITH ‘TUAT KIND OF STUFF AROUND HeRE-Welt SEE \F swe’s ‘GOING To BANG ~PANS. AROUND NKE THAT Tom, wnat. Do You THINK OF TWE NEW JASS BAND 9 RECORD | Just BouGkTS ee Nothing! NOT GOING sell the right, title and interest of the above named defendants, John A. Wagner and Dora Wagner, in and to the above described personal prop- erty or so much thereof as will be necessary. to cover the costs of said action and all accruing costs to the highest bidder for cash. Dated July 3, 1919. ROLLIN WELCH, Sheriff, Burleigh County, North Dakota, S. P. HALPERN, Attorney for Plaintiff, Hebron, North Dakota. 7—10 28 SUPREME COURT From Cass County. ‘° ¢ d , Mrs. J."E. F. Brown, Plaintiff and De- Respondent, vs. Dr. D. E. Ball, fendant and Appellant. Syllabus: — In an action brought upon the purchaser, the payments tate, and where there had been a previous action between the same parties for fraud and deceit in ne- gotiating the sale contract and re- funding agreement, it is held: (1) The election of the plaintiff in the previous action for fraud and de- ceit' to treat the sale contract as binding was an election for the pur- pose of that. action, (2) Where a contract was adopted for the purposé of an action for fraud and deceit and where the plaintiff failed to recover in such action, he is not precluded from. subsequently maintaining an action for breach of the contract, and it is immaterial that the contract had _beén broken before the action. for fraud and de- ceit was instituted and that its per- formance by the defendant would have compensated for all damages occasioned by the alleged fraud and deceit. (8) Where a party exercised an op- tion to be reimbursed under a re- funding agreement, given in connec- tion with a contract for the sale of real property, .and subsequently brought an action for fraud and de ceit in negotiating the sale contract and refunding agreement, the bring-|2 ing of such action did not constitute a waiver of the option. (4) Under: a contract in which de- fendant. obligated himself sto refund to the punrchaser of land “all sums of money paid upon the within con- tract,” commissions earned by a third party, which are, with his consent, accepted by the vendor as payments on the land contract. and credited to plaintiq with. plaintiff's consent, may be recovered. (5) The. evidence is examined and held to support the finding that the refunding agreement was negotiated as a part of the sale contract though dated subsequently to it; also that is supports the finding as to the amount expended by the plaintiff under the land contract. Appeal from District Court of Cass an agreement to refund, at the option of made under a contract to purchase real es- County, A. T. Cole, J. Affirmed. Opinion of the Court by Birdzell, J. Bronson and Grace JJ., dissent. Lawreuce & Murphy, f@ttorneys for respondent. Watson, Young & Conmy, Fargo, attorneys for appellant. From Towner County. D. F. McLaughlin, Plaintiff and Re- spondent vs. Dodge Elevator Com- pany, a corporation, Defendant and Appellant, and Frank Rettinger, as sheriff of Pierce County, North Da- kota, Intervenor, Syllabus:— In an action to recover damages for the conversion of grain stored with the defendant, the defense was based upon claims by third parties, of which the bailee had notice, and the bailee relied upon a deposit in court of the value of the grain, less storage, fixed as of the date of the bringlng of the action. It is held: (1) Section 7594, Compiled Laws of 1913, concerning deposits in ‘court where adverse claims are made to property, does not authorize a depos- it of the money value of the proper- ty, after action brought, in discharge of a liability for conversion as of a prior date. Appeal from the District Court, Towner County, C. W. Buttz, Judge. Affirmed, Opinion of the court by Birdzell, J. Bronson and Grace, JJ., concur in the result. Kehoe & &Mosely, Cando, attorn- eys for Plaintiff and Respondent. F. B. Lambert, Minto, attorney for Defendant and Appellant. From Ramsey County. B. G. Johnson, plaintiff and appel- lant, vs. Fred E. Merrick, defendant and respondent. ‘Syllabus: This case presents an appeal from an order setting aside a verdict and judgment for $185, and dismissing the action, An examination of the rec- ord shows no reason for the order. Appeal from an order of the Di trict court of Ramsey county; Ion W. J. Kneeshaw, special judge. Reversed and the judgment verdict reinstated. - Opinion. of the court by Robinson Grace, J., concurs in the result + and Eronson, J. and J. Christianson, Ch. concur specially. Siver Serumgard, Devils Lake, at- torney for appellant. Flynn & Traynor, Devils Lake, at- torneys for respondent. From Barnes County. State of North Dakota, plaintiff and respondent, vs. Valley City special School district, a public corporation, defendant and Appellant. Syllabus: Sec. 142 of the Session Laws of 1915 provides that all students attend- ing model high school, graded or ele- mentary school, which is operated and maintained or in any manner connected with the State University, any normal school, pudlicly maintain- ed educational institution of higher learning, in which model high, graded or elementary schools, members of the faculty or of student body of such university, normal school, or institu- tion of higher learning, teach, there shall be paid by the school district i which said pupils reside to said insti- tutution as tuition for such attend- ance amounts named n the law; held that such law is not unconstitutional. 2. It is. further held that the nor- mal school is part of the free public school system of North Dakota and is defined as such in Sec. 148 of our constitution. 8. Held that the complaint in the action stated is a good cause of action and was not demurrable. Appeal from an order overruling a demurrer to complaint entered by District Court, aBrnes county, N. D., Hon. J. A. Coffey, Judge. Affirmed, Free-for-All Races On Michigan Circuit Kalamazoo, Mich. July 9.—A free for all pace, two $3,000 purse events for trotters, and two $2,000 purses for pac- crs, will feature Michigan's only grand circuit meeting of the year, to be held here July 14 to 19. There will also be sweepstakes for three-year-old trotters re the historic paper mills 000 for 2:06 trotters; the Columbia hotel purse of $3,000 for 2 trotters; the New Bur- dick hotel pu 100 for 2:06 pi ers and the Rickman hotel event for 2:18 pacers with the purse of Single G., with a record of 1: and Napoleon Direct, holding a mark of 9 3-4 are expected to meet in the free-for-all pace, Other nominations for this event are Directum J. Peter ish, 2:01 1-2, Lillian T., $4 and Oro Fino, 2:05 1-4. Nominations for the paper mills clas- sic number 18, and it is predicted that Lrobably ten or twelve will face the starter. The veteran, Ed, F. (Pop) Geers named four of the best in his for this race, arters in the Columbia hotel trot 1 be chosen from an original entry list of 41. Tommy Murphy named Lot- to W Peter Vaughn and two oth- ers for this event. The New Burdi ed a nomination Ti {Peter Look, Jay hotel pace attract- of 25, among them ‘k, Captain Mack, i an Aggravation! "SANA WHAT'S TH MATTER WITH YOU. YA OLD AIR-GUN 3 CANT YA SEE STRAIGHT, HUA? MN+MY~ THATS A “THING T COULD’ NEVER Do— Hit A HARMLESS UTTLE T CANT EITHER, BY BLOSSER GE 7 South Bend Girl and Box R. Among the 22 originally entered for the Rickman hotel purse are Holly- rood Billy, Tommy DeForest, Captain pea Tay and Ed Geers’ Goldie fodd. The four major purse events are to be decided on the three heat plan, The best two in three heats will rule in the free-for-all pace and the sweep- stake for three-year-old trotters, while the two-year-old trotters will go two heats, Winnipeg, Man., July 10.—Third Baseman Lutzke of the Winnipeg team is leading the league in hitting with an average of .347. Heath is second with .340. The official aver- ages show that ten men are hitting above the 30 mark. Winnipeg is leading the league in both team hitting and fielding. The team is hitting at a .309 clip and has an average of .991 in the field, =O BIGGEST BARGAINS During the past day has passed t had letters from Soxth Dakota, Minnesota and Iowa, telling us of the tremendous land business and nce in values in those states. is going to increase our busi- and raise ovr values. Our _Young is now down there ing up business and our ad- Vv is for you to buy now before leeal prices advance as they sure- ly will by Fall. weeks not a we have not F. E. YOUNG REAL ESTATE CO, Phones——. @. F. O'Hare, 78M. _‘F. E. Hedden, 0 F, E, Young, 78R, —_——————X—X—XXX— _ CHIROPRACTORS E. E. HOARD, D. C., Ph. C. Licensed Doctor of Chirovractie Gentleman Assistant. Phone 327 (19 Fourth St. Bismarck, N. D. ——oooOoo LAND FOR SALE ; A tract of 3640 acres of good land in Burleigh county. Best proposition in N. Dak. today. Good terms. J. H. HOLIHAN Lucas Block —oOoOoOoo E. T. BURKE LAWYER Tribune Block Bismarck, Phone 752. R. S. ENGE, D. C. PH. C. Chiropractor Consultation Free. Suite $-11, Lucas Block Phone 260 Bismarck, N. D. Fine Interior Decorating and painting is my specialty. If you want a real job— | one that you will be ' proud of— I make a Specialty of Wood Finishing Phone 855 and I will call and make you an estimate. | J. GOLDEN 518 Third St. | TYPEWRITERS & SERVICE REMINGTON Typewriter Co. GEO. C. KETTNER, Rep. Phone 258. Bismarck. ee Hedden Agency, The state is going to help you build a home, but you must first own your lot. Now is the time to buy your lots on easy terms so you will be ready. Webb Block. Phone 0. ——OOOOoOOOO Bismarck Furniture Compaky 220 Main Street Furniture Upholstery Repaired, Re- finished and Packed. THE HURLEYS TRAPS AND PIANO Up-to-the-Minute Music 10 Main St. Phone 130-K