The Bismarck Tribune Newspaper, October 25, 1919, Page 7

> \\ SATURDAY, OCT. 25, 1 Our Classified Columns led Advertising Ratés, a (Germs Btrictly,Cash--No copy without remittance attached. will First insertion, 8§ cents; additional insertions without. change of copy, 1 penta. . Advertisements containing more'thari 25 words will be charged at the tate.of two cents 8 word for each add sified Advertisements, Copy f insure proper Sasertije, nest be in Wig cffice before 10 a, m. of day of publication, ““ WAN ne ce v good corn—elevators. County Agent, Cherokee, Ja, =, 10-24-1wk LEARN THE BARBER TRADE—Wages $25 per week “up, Positions guaranteed. Few our methods: ->Little weeks completes b: expense, Catalog, free, Moler_ Barber Col 107K. ice lege, collet Ave.; Minneapolis. Est. 1898, ee 10-2-1mo FW BRAKEMEN— $150, $200 monthly, experience unnecessary; writd Rgllway’ Association, 62 eare Tribune. TWIN CITY Tractor and thresher school, complete course of instruction in five weeks, November 17th. This school is conduated by power, farming . experts at our pe factor Write for booklet. Mintiea poli, Machji 0.5 Minny 7s 1 inmieapal: 2 GOVERNMENT wants thousands Census fanuary. « $1140-$1260 first Clerks before _year. Men-wonien, 18 to’60.. Examin- ations at, Bismarck November 1éth. List jositiohs:2fr ‘Write = immediately. rane J ANTED—FEMALE | BARN—$2h_ weekly, spare: time, writing for newspapers, magazines. - Experience unecessary; details Free. Press, Syndi cate, 296, ‘St. Louls, “Mo. 10-2! WANTED=Dy. attorney, a. State experience and s Box 145, Golden Valle; ‘D—Woman to wash dishes and clean ‘bake: afternoon. Home Bakery. _ 214 24-3 WANTED—Dishwasher-at the Dunraven, + 10-31-1wk WANTED—Competent maid for general housework, Mrs, A.'W. Lucas, 48 Ave. A, West. 10-17-tf WANTED—Cook, dishwasher and cham- |. bermaid in: small hotel, good wages. _Box 93, Medora, N. D."__10-15-2wks WANTED—Rxperlenced clerk. at “Well: worth Store. 10-10-t¢ WANTED—Experienced girl for general housework, Permanent position at $40 Mrs, W.-E. 5 3 = per month. Lahr, Mandan_Ave. 10-20-1wk ROOMS FOR RENT ‘ENT—Wwomen or’men roomers, at 423. Front St. <0 FOR RENT=Modern rooms, Phone 441 Bt FOR RENT—2 modern furnished rooms for light. housekeeping. Phone 478X ok call 423 11th St. 10-24-3t. __ WORK WANTED EXPERIENCED Hand for washing putting on storm windows, Phone 627X. ‘ 10-20-1wk FOR SALE OR RENT— HOUSES AND FLATS 1 room house with large | all, “four: sleeping chambers with bdth -up_ stairs... Oak finish and maple floors, full basement. hot water heat. On cornor lot 50x 100 on paved street. Complete set of storm doors and This elegant piece, of prop: $6500 but we are offer- g it for $5700. $2700 cash and terms on balance, Only. four block. from post- office. D, T.’ Owens: &*Uo., Phone. 42: Bismarck 10-24-3t FOR 8! reception ha ground, off $t! * sonable terms. ' GEO. 'M. REGISTER LANDS - ITE FOR FREE Mississippi Map and Homeseeker's Guide to Prairie Land in the Black: Soil Corn and Alfalfa Belt. ; Black Land bring prosperity. Southern Land & ‘Timber Co., “Meridian. | Miss, OUR $20, SUNNY CALIFORNIA LANDS eanals your. $200 lands. grain, ‘alfaifa,; fruit. ranches, $20 acre Up, irrigated lands $50 acre.’ Practical dairymen uate dy ; ean. Beata vel ment Association, 15) “y Be ehgin ‘rranelsco,. Cal. To-25-1t WANTED—Information, from owner of good business for‘sale in country town. Py Box 48, Minneapolis, Minn, Oe 10-25-1t FOR SALI—60 Acres: farm stock “and . H, C. ‘King, Mamsville, Heel, cheae. Be y0-3o WK FoR SAEE—An improved < combined » farm and ranch of about 960 acfes, , has running wter, in Burleigh coun- ty, at.a bargain. This ‘should bé al: * fine place:for stock:raising.10-22-1wk GEO. REGIS! : stitute, Dept. 326-7, Roches LN_D. 10-22-47 FOR 8 se We offer stock, | #01 __ BUSINESS OPPORTUNITIES ABSOLUTELY FREE ; 50c AERO MAP OF OIL FIELD! \ Attractive and interesting relief map, size 18x24,. Hang it-in your:bome or of- fice, See the, amazing development. work in the largest producing oil fields iA the world at a glance. Limited edition; write immediately for free’ copy before supply is exhausted, UNION TRUST CO. .. Dept. 325, Hoffman Building: ¢ Houston, Texas ___ POSITIONS WANTED WANTED—Young man desires position for advancement. in office; has .experi- ence in bookkeeping. and other office work, Calla t809 éth:st. Bismarck, Dy 2 10-24-1wk WANTED TO RENT. “ WANTED TO RENT—With a View to purchase, in the near future, house of five or..six room, preferably. modern, Address 51 cure: ‘Tribune, 9-23-tf AGENTS t $18 to 936 Weekly ‘in your spare time do- ing Special advertising work among the families -of your city. No. experien ry. Write“today for full American Products an Bldg., Cincinnati, |O) es At AGENTS make big profits selling. our Extracts, Perfumes,,Cold Creams, -Face Powders, ‘Spices, Medicines, etc, Beau- tiful High-Grade: Line, Exclusive Ter- ritory.’ Sample Soap.Fri Lacassian Co., ept, 141, St.Louis, 0-25-1t - sPERSONAL YOUR FUTURE FORETOLD—Send dime, ape, birthdate for truthful, reliable, convincing. trial reading. Hazel Hause, Box 215, Los- Angeles/ Calif. Re 10-25-1t AUTOMOBILES—MOTORCYCLES FOR. SALE—F¢érd ‘automobile, good as new, cheap. Phone 366R. D ik */10-21-1wk FOR SALE—1916 Overland Roadster for wale , very_reasonable. Phone 569L. tt MISCELLANEOUS WANTED—A_ place to keep two horses during the winter. . State price and condition. August Baulke, 6 Main St., Bismarck, N. D. _10-21-lwk* and without FOR SALE—Cheap, one gray Astrak- han coat and mutff.\ Phone 312-K, PAM 10-22-Lwk FOR SALE—High grade piano, sewing machine, sectional bookcase, bed springs and mattress; also’ some girls’-coats, furs, etc. Call 307-R. 827. Sixth St. 10 r Large size, heating s condition. Ha: test hou: disinfectant know era) and’ other coats; also several suits and overcoats but "in good wearable conditio in, the Tallor. 10-24-1 FOR RENT—A fi , BeCont Sonvenletty. located; steam heat, rio pT ht, slevalor one Janitor, ser- vice. Bismarck Realty Company, Bis- marck Bank Bi Reig, t-21-tt b jasement 46x65 ft.; outside ; suitable for storage; Turkish ‘be ; low rental, Bis- Bismarck oo o smi ank a T-31stt WI ‘TRADE for about 5 or 6 room modern Houser well-located in Bismarck. Emerson Brantingham Big 4, 30-60 Tractof, thoroughly overhauled;. eight “stubble bottom, six breaker sélf-lift Pant andvone New packers WriterLock ank-and one new packer; Write _Bok 181, Turtle Latte, N, b, -10-10-1mo, FOR SALE —In good condition for-cash,or bankable papér one 32 Aver® Separator complete with band cutter, feeder, weigher and stacker ; one Avery 25 h.p, gas Tractor, one 15 bbl. mounted gas Tank; one Avery 6 bottom engine plow with. breaker- attachment. Apply to Regan State Bank, Regan,’ N. D. 9-25-tf be inserted, t | show that no opportunity was grant- m- jed or order made permittingthe bank | secured, and that further the banking AONR~TWAENT < GOT “ANY RONEY BOT TU BB You MY DOoé IF Youll BISMARCK DAILY TRIBUNB -|°S3N, WILBUR.IP YouGo OVER TO SEE wrURL TONIGnY TELLER TO CALL ME UP ToMoRROW, ) Wus You? i Hoon'T THINK (he GoTo 3EE KER MY GoopNess, WHATS THE |, TRovBLE? The SALESMAN Galling upon automobile ideline ‘guar 's, State and commission, G. A, way, New: York 5 SIDE LINE SALESMEN—We have an attractive line of premium assortments | for live salesmen. Commission from $5.Q0 to $20.00 per order. If you want an up-to-date line, write today. Can- tleld Mfg. Co., 4003 Broadway) _cago, HIT SALESME: Ford Cars. Simple, not a moving part, in- stalled in thirty minutes, guaranteed to; double your mileage and start in zero weather without heating or priming. 15, day free trial. Our St. Louls man sold 3,000 in 11 months, Salt Lake City man made’ $1200-In one week. Write U. & J, Carburetor Co.,.505 W. Jackson Blvd., Chicago, 10-25-1t ‘New Carburetor f — Banking Board Merits and Gets Hearty Condemnation of High Tribunal, Says Justice Bronson (Continued From Page One) state examiner or the acting state examiner, it is held that such action was unwarranted, illegal, and neither within the spirit or letter of the legal powers conferred upon such board.” Holds. Acts Arbitrary The. court assails the examiners’ action in listing as excessive and in- adequately secured loans, a number of loans aggregating $743,000 secured largely by farmers’ notes and farm- ers’ postdates checks, “in proportion of about two to one, and where such examiners have by arbitrary action | specification concluded {that such farmers’: notes are not | worth aver fifty percent of their total amounts and that \the postdated checks are, not collateral at all and of no substantial value, it is held that such determination is wholly arbi- | | trary and without foundation in fact.” | ; .The court holds that . postdated ks ‘are. negotiable instruments nilar to bills of exchange at a future date, and may be used as col- lateral paper the same as. any other negotiable instruments. ,._. ‘ The court finds that’ the records to reduce its excessive: loans, “al- though it had the ability todo so, and that in fact such excessive (so- termed) loans were in fact adequately, board and state examiner had . not theretofore required the banks of the state to maintain their legal reserves) \as strictly required,” it is held that such alleged excessive loans, and debts of $46,000 listed as. worthless, and the alleged failure of the bank to’ maintain its legal reserve at statu- tory requirements do not justify a finding of insolvency and “was un-|: reasonably so. determined.” __ Reciting the history of the proceed- |’ ings, Justice Bronson says that at,.10 a.m. of the day on which the bank was closed a depositor was advised, Over’ THEE. AGAIM UNTIL RER FATHER TAKES BACK WHAT NE SAID To ME. ‘| termine every issue of law and of fact 4] that arises “in the record.” fhe testifies, to get his money out. .“In St. Paul,” says Bronson, “it was. known at 10 a, m, that the bank was going to be closed.”. Settling the question or original |, TWaty Aut Ried Te sou" GO: ON'IN= NEVER MIND. ABOUT THE DOG~TAE- WIM: ALONG WITH fe A New Form of Dramatic Criticism! et ‘1. OVEN. ‘| out Cone ILL Never Go OTHER NIGHT jurisdiction, Judge Bronson says: “When this court takes cognizance of a cause, in the exercise of its original jurisdiction, it has the authority to de- Duties of Examiner Touching upon the duties of the state examiner, Bronson says,.under the law “he is neither a puppet nor a figurehead.” “The legislative intent is plain that there snould npt be a fi- nancial. wrecking of banks: in this state (for a receivership is ordinarily | a financial wrecking of a bank or in- stitution).” He expresses the opinion that the iaw was designed to guard against just such situations as the closing of thd Minot bank:and stch arbitrary action without, Warning as has been taken by the respondents herein.” f “Even though it should be conceded that the state banking board did pos- sess the power to close such bank and appoint a temporary receiver there- over, nevertheless the action as taken by such banking board was unreason- ilbur Had a Very Good Reason. You AND ETHEL HAVE HAD A FALL iAN NO BUT HER DAD AND 1 Wave -— He ToLD Me To STAY AWAY, FROM [- There! able, arbitrary, unjust-and cannot be upheld,” says the judge commenting upon the “strongness of the fact that the respondents should have seen fit to so act at a time when the bank ex- aminer was out of the state. “It is to be noted,” he continues, “that the acts of the respondents from the be- ginning up to the time this court in- terposed its original jurisdiction dis- close no desire and evidence no at tempt to protect the public monies, the guaranty fund, the monies of de- posttors, or the property of the stock- holders by granting the bank any chance or opportunity to comply with the findings of the; banking board, or to rehabilitate itself. There is no other manner in which this procedure ean be.characterized than arbitrary and contrary to both the spirit and letter of the law. It both merits and ss the condemnation of _ this A Public Conscience Justice Bronson comments on dis-. crimination sought to be applied to this bank in order that it may be SQUIRREL FOOD LS AHALF A GUESS WHATOL™ CONSTABLE ( GONNA DO- WELL I'LL Jes’ SPLASH SOME GREASE ON TH’ BACK OF MY BUS - ee Now THED; "LO CONSTABLE - DURN YE I GOT YouR oKID CHAINS ON 2 — Az) Ca NAB HIM BARE Meee? GUMPIN’ LIKE TRYIN'TO CATCH AGREASEY PIG -- WELL ANYHOW You've GoT foe Es % By Ahern, TH’ LIMIT HAS COME-T'LL HOP ON THIS SLICKER’S HACK AN’, Serie ~~ (YOUR STAR ALL OILED UP FOR IMMEDIATE USE- HEH “MEM: —N\- aN NE dookS HUNDREDS OF LAUGHING FACES — ANONG ~ . THEM FRECKLES. WILL, SONNY- HOW _ OD Nou UKE THE Show 2 termination of the court that there is such a thing as a “public conscience and that-these acts upon the record submitted to this court were unwar- ranted, unreasonable’ and without foundation of law.” The record discloses to the court that “the state examiner placed in charge by this court has been diligent in performing his duties; that he has made every effort to conserve both public and private interests, and that by his energies the bank through the cooperation of its officials has —dis- j closed an ability to comply with all the ful orders of the banking au- thorities of this‘state; that according ito his report, such bank is not only solvent, but retains both its original capital and surplus unimpaired, as j well as some undivided profits. The interests of this state and the credits of its financial—-institutions at home and abroad have been needlessly jeo- jpardized and public alarm has like- | wise been needlessly ereated.” Justice Robinson’ writ cially concurring opinion. | Robinson Concurs | In an especial concurring Judge Robinson says: ROBINSON, J. (Concurring): This jcase must be of public concern and of jno small importance; from the start |special and high priced counsel have |been employed at the expense of the I state, and in the newspapers it has | been the leading subject of discussi !'The case presents a quarr {the Governor and his political family jand it involves an attack | @armers’ Nonpartisan ague and their agers because of their deal- jings with the bank. t The State Banking Board consists ofthe Governor, the Attorney Gen- eral and the Secretary of State, with |the State miner as Secretary. | Some three ago, on the ground that the bank was insolvent, the At- torney General and the Secretary of | State made an order that Halldorson take possession of the bank as tempo- rary receiver. It was done against the protest of the Governor and with an avowed and hostile purpose of put- ting the bank out of business. Then, on October 7th, 1919, on' due applica- tion, this court made an order that defendants, show causes why © they should not be énjoined from closing or interfering with the bank, and that pending the hearing defendants relin- quish to the State ‘T'xaminer posses- sion and control of the bank. Now on the arguments and proofs submit- ted, it devolves on the court to deter- mine the matter. This, the proof does fairly show: Holds Bank Solvent (1) The proceeding against the bank was commenced and conducted in a hostile and unfriendly spirit, with needless force, high priced attorneys and accountants, regardless of ex- pense, and that defendants proceeded to take possesion of the bank and to give out reports highly detrimental to it and its stockholders and depositors. The bank was not insolvent and it is entirely clear that were it not for the timely action of this court it would have been “bled white” and put out of business, to the great loss and dam- age of the state and the public wel- fare. In days after the Examiner took, possession his report to the court shows that the bank is not insolvent; that it has in cash $350,000 and that on. paper..which defendants rated as not bankable, the Examiner has col- lected $169,000. Now, on this October 28d, the day set for the final submis- sion of proof, the report of the Exam- iner shows the bank is solvent and that it is well prepared to do business. It has on hand in the vault $200,000, and with approved banks, $129,000, and Liberty bonds over $43,000, and that a large amount due from other banks is available so that the bank is in good liquid condition. it is insisted that this court m and that it should now follow the example of him who took water and washed his hands, saying: I am innocent of the blood of this just man, see yet to it. Then, in the language of scripture, it might be well said. Therefore is judgement far from us, neither doth justice over- jtake us; we wait for light but behold obscurity; for brightness but we wake | in darkness. We grope for the walls like the blind and we grope as if we had no eyes; we stumble at noonday in the night. And judgment is turned away backwards and justice standeth afar off, for truth is fallen in: the street and equity cannot enter. (But such is not the condition; the supreme Court is supreme. It fas justice over all ot] courts, State Banking ; Boards and all other such administra- tive boards, and it may say to each lof them: Thus far shalt thou.go and no. farther. Power of the Supreme Court Manifestly it is within the power and duty of the Supreme Court to use and adopt such measures as may be necessary to enforce and protect all the constitutional guaranties of life, liberty and property. It is not com- petent for the lawmakers to give arbi- trary power to any board or body of men. Every power is given on condi- tion that it must be used justly, fair- ly, honestly and not in an arbitrary manner. If two members of the Bank- ing Board have power to override the Governor and the State and the Pub- lic Examiner and to appoint a re- ceiver, the act must be justified by the statute and by some special emer- gency. The Governor is Chairman of the Board and the Public Examiner is ‘Secretary. His special duty is to an espe- opinion. UAFTA 61V) OM, PRETTY WEW., BUT TM GLAD T DIDNT AN DoE! _ BY BLOSSER IE You “EVEN g deemed insolvent, and asserts the de-.' know when a bank is insolvent, Even the full Board cannot, appoint, a re- ceiver of a bank unless t is: actually insolvent, (Comp. Laws, Sec. 5146.) ‘The Board has. po discretion what- ever only in cases of actual . in- solvency. Thus, by statute, the Live Stock Board is: given power to kill anipals affected with contagious and infectious diseases. (Sec, 2686.) But, as the court has held, the Board has no power to kill animals that are not actually infected with the disease. The animal must be actually in- solvent, Neer vy. Live Stock Board, 168 N. W. 601, Now, as it appears, the bank is not insolvent, and, on the contrary, its solvency is fully assured and the def- endants have no. right to insist that they be permitted to wreck it. Indeed they have no legal interest in the matter; they have no rights to pro- tect, They represent neither the bank nor creditors, depositors or stock- halders; neither the state nor the public welfare. Hence the judgment of this coort is, and must he, to the effect that the bank be restored to the full right to do and transact its or- dinary business without let or hind- rance, and that, -all proceedings against it be dismissed, with costs. Dated, October 24th, 1919. J. E, ROBINSON, Judge. a + NOTICE OF SALE OF | CREAMERY PLANT | ia cutee Lit, made September 17, 1917, by the District Court of the Third Judicial District in and for the County of Logan, State of North Da‘ kota, the buildings, machinery, im- , tools, mery supplies ‘and all property used in conneetion with the ‘creamery plant owned by — the Farmers Co-operative Creamery Com- pany of Burn: , North Dakota, to- gether with two sof ground upon which said buildings are placed_ vill be sold by the receiver of said Farmers Co-operative Creamery Company at private sale to the highest bidder for “ash. The property thus. offered for sale consists of a. large building equipped with machinery and fitted for opeva- tion as 4 creamery and a small bujld- ing constructed and fitted to be used as an ice house. Bids for the purchase sitid creamery plant with all mia- furnishings as aforesaid will be ved by the undersigned 28 receiver of said Farmers Co-operative Creamery Company at his office in the Village of Burnstad, North Dakota, at any time after the publication of this notice; and on and after the 1st day of November, 1919, the said property will be sold to the highest bidder for eash, The plant is provided and fitted for operation as a first class creamery and was’ constructed at a cost of $4000 or more, Theodere Meyer, Receiver Farmers Co-operative Creamery Co., a Burnstad, N. D. 10-4-11-18-25 * » Order your Winter Suit or Overcoat now. We guarantee satisfac- tion. EAGLE, Tailors, Hatters... and—Cleaners. Phone 58. Obtain Oi! From Eggs. The turtle living in the Orinoco lays eggs which are extraordinarily rich in oil. The Indians in British Guiana collect 25,000,000 yearly. for making oi!. The eggs of meny se# birds are excellent eating. The best of the lot is said to be that of the “murre,” a bird h is very common on the Labradqr E. T. BURKE LAWYER Tribune Block Bismarck, N. D. Phone 752 \ Dr. W. H. Pewe, D. C. Doctor of Chiropractic Lucas Block R. S. ENGE, D.'C. Ph. C. Chiropractor Consultation Free Suite 9,11—Lucas Block—Phone 260 BISMARCK > FURNITURE CO. 220 Main St. Furniture Upholstery. Repaired, Refinished and Packed. } Our Biggest Bargains FOR SALE—One of the very best apartment building corners in the city—150 feet square—close in, fac- ing south and west and cheaper than anything else in the neighborhood— $6500.00; $3000.00 cash, There are now .buildings on it which pay the taxes and interest on the invest- ment... This is really a bargain... FOR-TRADE—We have two or three very desirable farms we can trade for Bismarck city property and the prices are right. We will make no trade when! the prices’are swelled. F. E: YOUNG REAL ESTATE COMPANY ; Offices in First National Bank Bldg. _—_PHONES——_. F,E. Hedden, 0. HF. O'Hat : F, B. Young, mo