The Bismarck Tribune Newspaper, May 24, 1920, Page 8

PAGE Elcur BISMARCK DAILY TRIBUNE MONDAY, MAY 24, 1920 POLK WAS FIRST “DARK HORSE” PRESIDENT; GARFIELD ANOTHER AS WAS CLEVELAND, SAYS WRITER Histories of Political Meetings Teems With Hid- den Interest; Telegraph First Used in Con- vention Which Nominated Polk By GILSON Noted Political Writer Who Will Revort the 1920 National Con- ! GARDNER ventions for The Tribune Washington, D. C., May 24.—National conventions are of two kinds, fixed and “dark horse.” The fixed convention is one where the outcome is predetermined, like the McKinley convention of | 1896, when there is no real contest and no dramatic action. A “dark-horse” convention is a meeting of uninstructed or un- pledged delegates who are liable to do anything. The first dark-horse convention ever held in the United States was that which nominated James K. Polk in 1844. Since then there have been several famous dark-horse conventions, notably that which named Garfield in 1880, and that which named Cleve- land in 1884, Democratic conventions are mores, liable to be dark horse than Republi- can conventions. This is on account of the well known “two-thircs rule” which requires that the convention must pool two-thirds of its delegates before any candidate is chosen. Thus it may happen that a candidate may have a full majority of the votes in a democratic convention and be de- feated finally by some dark horse. This was the case with Van Buren in 1844 and Champ Clark in 1912. Van Buren went into the convention with a majority of 26 of the delegates, but was dofeated after a long wrangle by James K. Polk. whose name had not been mentioned before the convention. Van Buren’s opponent before the con- vention was General Cass, and it was not until the eighth ballot that Polk! began to figure in the balloting. In a dark-horse convention the favorite son candidates generally kill one another off. The bitterness be- tween Van Buren and Cass _ killed them both off, and it became evident before the convéntion had been long in session that there must be a com- promise, and ‘this gave a chance to bring forward the name of Polk. There is a strong suspicion among the writers of political history that old Genera] Jackson rigged tae first dark-horse convention and that Polk was his choice. Jackson was a shrewd political manipulator, Certain it is that when the time came for New York to cast its vote Benjamin F. But. ler stepped to the front and took the delegates into his confidence in re- gard to a recent visit he had made to the “Hermitage,” to which Jackson had retired. ‘ Butler told the delegates that the ex-president and veteran\general “with one eye on his final home to which he was doubtless rapidly gliding, and with the other fixed on his country and her hopes of prosperity,” had con- veyed to Butler the fact that Van Bu- ren was his “first.choice,” but that he foresaw “possible failure’ to nom- inate Van Burean and hoped that the convention might “work out harmony” on some other candidate. All this was written in a letter which Butler read to the convention and the harmony wave rose and over- swept the convention until there was a “stampede”’—the first in inistory— and every vote was recorded for Polk. , Congress had appropriated $30,000 to test the Morse invention of an al- leged telegraph instrument and this money was used to run a wire between Washington and Baltimore by which communication was maintained for three days beforo the convention met.+ Every half hour the little machine in the east end cf the capitol reported the progress of the convention 40 miles away, and bulletins were posted on the walls of the rotunda and were watched with eager interest by mem- bers of the house and senate. It was from one of these’ bulletins that Senator Silas Wright learned of his nomination as vice president, and being angry, that the convention had betrayed Van Buren and nominated Polk, he used the telegraph to send an emphatic refusal to accept the nom- ination. M’LEAN COUNTY’S ANNUAL ATHLETIC MEET PLANS LAID Underwood, May 24,—The McLean county track meet will be held at Un- derwood Saturday. The attendance is yearly becoming larger and this year it will be up above former standards judging by the evident enthusiasm on the part of the various schools that will participate. ' The following are the events in the meet: Boys’ first class: 100 yd. dash, high jump, pole vault. broad jump. ‘Boys’ second class. 100 yd. dash, high jump, pole vault, broad jump. Boys’ third class: 100 yd. dash, high jump, pole vault, broad jump. | Boys’ fourth class: «5 yd. dash, 200 yd. relay, broad jump, three legged race. Girls’ first class: 75 yd. dash, 209 yd. relay race, potato race, baseball throw, standing broad jump. Girls’ second class: 50 yd. dash, running broad jump, baseball throw. Girls’ third class: 50 yd. dash, run- ing broad jump, Indian club race. The boys and girls of the local high school/are at work and a preliminary meet will be held this Friday to choose the contestants that will represent the school. ‘Washburn has been victor- fous three times during the last four years. BACK FROM COAST IN 2700-MILE TRIP Peter Anton returned to ‘Bismarck after.an absence of three years. Mr. Anton drove a big automobile DARK HORSES THAT WON James J. Polk, ‘at top, nominee of Democratic convention, in 1844, the first “dark horse”;. James A. Gar- field, the first Republican “dark horse,’ nominated and elected in 1880, and Grover Cleveland, Democratic “dark horse” in 1884. from Seattle to Bismarck, traveling by the way of Portland, Ore., and fol- lowing the National Parks and Yellow- stone highways most of the way. |; His trip, which covered 2,700 miles, was not without hardships. Mr. An- toh said he ran into a twelve-foot snow drift in a mountain pass in Ida- ho, and was forced to detour. ‘He also ran into snow at Livingston, ‘Mont., in the Rockies. There already are many trans-con- tinental tourists on the route, he said. Most of them are following the Na- tional Parks Highway (Red Trail). ‘The best roads he encountered were between Miles City, ‘Mont. and Bis- marck, he said. How to Thwart Burglars. Burgla has: increased 80 per cent in.London during the past year, and burglary insurance companies are. urg- ing policy holders to help them defeat the gentlemen who covet another peo- ple’s, property—and take it. “We tell_a householder that if he would remove the ordinary rim lock and replace ft: with a mortised lock, one sunk in the edge of the door, he would make his premises safer,” sald a London official. “The first can be readily jimmied; the second {fs -almost burglar-proof.” How to Pol'sh Bedsteads. Brass bedsteads should not be pol- {shed with'metat polish, as the acid in {t is too strong. Just whsh the brass parts with soap and water, and then rub well with a dry chamois leather. How London Utilizes “Movies.” At a movie show in London 2,000 children from primary classes were taught the rule of three, multiplica- tton, division and arithmetic generally on the screen. ! | to workingmen. ‘ —— CABINS SOLVE CANADA’S HOUSING SHORTAGE | Randolph Bruce, a sturdy Scotch miner who has spent his: life in western Canada, and has been a prominent figure in the development of British Columbia particularly, has chosen Lake Windermere in British Columbia, for the site of a rustic cabin city, This in his con- tribution to the solution of the sum- mer tourist housing problem in the Canadian Rockies. ‘ Each year has brought an increas- ing tide of tourists to the mountain resorts north of the international border. From indications thus far, this summer will be ‘the record breaker for travel in Canada. Lake Windermere, named for the valley in which it lies, is the sovree of the Columbia “iver. It was dis- covered over a hundred years ago by David Thompson, the famous fur trader and explorer, but only recent- ly have railway facilities been brought to it. When the Canadian Pacifiz constructed the branch, con- necting Golden on the main line with Cranbrook on the Crows’ Nest line, it gave to the public the means of conveniently getting to a remark- ably picturesque part of British Co- lumbia, rich in scenery and natural resources. Randolph Bruce had, as a pros- EMPLOYERS OFFER JOBS TO OWN MEN. WHO JOIN ARMY WHILE UNIONS GIVE RENEWED MEMBERSHIP ON DISCHARGE | Major T. J. Rogers of Recruiting Service Tells of Benefits Ac- cruing to the Young Men Who Enlist in Uncle Sam’s New Peace Forces The part now being played by both capital and labor in building up Uncle Sam’s: peace time army is told by Major ‘1. J. Rogers,. of the army re- cruiting service, who was.in Bismarck today. | Major Rogers’ statement is as follows: “Gencrally the United States army should be seriously considered as a national institution through which a great many industries and public ser- vices could be further developed and production increased by the. develop- ment.of the individual. The results should be every bit as valuable as those obtained in war. Army Not a Burden “The idea that an army must be a nonproductive and hated national burden is a relic of bygone days which we hope has gone forever. The millennium is still a very long way off and human competition will again and again take the form of violence be- tween individuals, | communities, classes, nations and races ho that neg- lect of military preparation would ‘be the wildest folly. But the greatest part of such preparation could and should be along lines of training need- ed in both peace and war. It doesn’t take long to train a man to march and shoot and do many other things pecul- iar to soldiers. It does take years, however, to give him the phfsical and mental development, and such quali- ties as responsibility, loyalty, reliabil- ity and initiative that make him super- ior in any sort of competition over his | opponents. “The United States army is your army. It doesn’t belong particularly to those who are in it. Make it more than a modern army—make it a twen- tieth century army for national de- velopment and defense. Send men in- to it to be developed individually while they learn to fill places assigned them in the nation’s business of peace or war. Receiving Co-operation “Many. cities have taken our peace- time army with the same seriousnesd that they have shown toward our war- time army, Capital and labor have joined together to help fill up the quota of troops. Employers and representa- tives of labor unions have joined re- cruiting offfcers on the platforms in making this new, army of ours known In some places such employer is asked to send into the army one per cent of his employees from among his unskilled workmen from 18 to 30 years of age. He in turn promises .them re-employment and prefeyence according to their in-, creased capacity, if they will return with an hqnorable discharge and certi- ficates of proficiency from) army ser-| vice schools. Labor promises renewed membership in its unions. i “Systematic efforts in the war de- partment among experienced officers, non-commissioned officers and civilian instructors to’ enlarge individual ca- pacity by physical and mental develop- ment and vocational training of sev-} eral hundred thousand young Ameri- cans cannot fail, if every one wil] co- operate. Bie eR eS ) Tribune Want Ads Bring Results. Colonel S. Marshall pector, tramped over every foot of the district. He knew, years ago, warmer than that of any of the other lakes in the mountains of Brit- ish Columbia, most of which are giacier-fed. He knew the wonder- ful ‘couatry surrounding Winder- mere, such as Horse Thief Glacier, | a1 with its great’ ice, cave five hundred | i feet long, and the Lake of the Hang- > ~ | SUPREME COURT |; & = —— FROM BURLEIGH COUNTY. The.Migsouri Valley Grocery Co., a corporation, plaintiff and respond- ent, vs. i ; Thomas Hall, as secretary of state of | the State: of.North Dakota, detend- ant and appellant, | SYLLABUS: Subdivision 3 of section 4557, Com- piled Laws of 1913, which require a favorable vote of at least two thirds of the entire capital stock of a cor- noration to increase, the canital stock, is construed and it is held, for :rea- sons stated in the opinion, that the expression “entire \ capital stock” means the entire issued or subscribed stock and not thé, entire authorized stock. Appeal from district court of Bur- leigh county. Nuessle, J. ‘ Affirmed. ¢ Opinion of thecourt by Birdzell, J. Grace, J. concurs in the result. Bron- son disqualified, did not participate. Sullivan & Sullivan, Mandan, at- torneys for plaintiff and respondent. Wm. Langer, atty,.gen., and Grant L. Martin, asst. atty. gen. of Bismarck, attorneys for defendant and appellant. FROM DICKEY COUNTY Ebenezer Magoffin, as administrator of | the estate of Nellie A. Maxwei, de-[ ceased, plaintilf-appellant. vs. , Vera N. Watros, a minor by T. L. Brouillard, her guardian ad litem., defendant-respondent. - SYLLABUS. 1. Where deeds are executed and left with a scrivenor, accompanied with the statement, that the grantor wanted the same recorded if anything happened to her, the question of a constructive delivery thereof to the} grantee named is.a question of fact to be determined from the evitlence whether the grantor: deposited such deeds with a stranger and with intent to part with all control and dominion | thereover, poh 2. The burden is upon the grantee, asserting the title, to prove such con- structive delivery, and upon failure to so establish, by proof, the deeds will be adjudged invalid for want of delivery. | 3. The administrator, as the repre- sentative of the estate of the deceased. jhas authority to maintain an action to determine adversé ¢laims concern- ing’ the possession, the interest or the , title of the estate therein. ' Action to determine adverse claims, | in District Court, Dickey county, Gra- ‘ham, J. The plaintiff appealed: from! j the judgment rendered“quicting title, | in part of the. lands, in the estate, and, in another part, in the defendant, and | has demanded a trial de novo: Affirmed in part And. reversed in| art. i Opinion of the court by Bronson, J. Robinson, J. concurs in part. W. S. Lauder and Benjamin Porter, attorneys for nlaintiff. ' i T. L. Brouillard, attorney for de-, fendant. FROM MOUNTRAIL COUNTY | Henry Tuveson, plaintiff and appel-| lant, t | vs. 1 Ql C. Nleson. Karel Olson and Scand- inavian-American State Bank, a corporation, defendants and re-, spondents. mt SYLLABUS. Plaintiff seeks to cancel a note and} posed of two-room bun; a type common in California, and so grouped that they will be central to the community -buildin, ing Glaciers into whict five he rivers melt in waters ext that Lake Windermere’s water was | col ee ior. The rustic cabin city will be com- lows, after s. re re sandy beaches for bathing, golf. roads, ine, boating and excellent aytomo- ile 4 wan warranty by the seller. scission of the sale. Court of Mountrail county, Leighton, J., plaintiff appeals. Modified and affirmed. son, Ch. J. the dismissal; Grace, J. dissents. for apnellant. Clinton, Cottingham, of Van Hook, for respondent. FROM ROLETTE COUNTY nesota. plaintiff and respondent. ceiver, defendants and appellants. SYLLABUS. ority to re-discount paper_of the bank. It is held: fit. He claims that he rescinded the sale on the ground of a breach of For reasons stated in the opinion, it is held that the piaintiff has failed to establish a re- From a judgment of the District Opinion of the court, by Christian- Bronson, J. concurs in F, F. Wyckoff, of Stanley, attorney and F. J. Funke, of Minot, attorneys Farmers State Bank of Hatfield, Min- vs. Eugene Couture, and Rolette County Bank, Fred EK. Harris, as its re- in an action on a promissory note which the plaintiff bank had discount- ed for the defendant bank, where it appeared that the defendant bank was operated under the management of its president who endorsed the note and who, together with the cashier, guar- anteed payment and agreed to re-pur- 5. chase after maturity, the defendant bank defended on the ground that the officers referred to did not have auth- 1. Tnough the- officers of’ a bank may not have actual authority to re- discount paper by reason of limitations in the by-laws and in the regulatiéns WEDNESDAY and Thursday “A really great picture.” — Du- luth Tribune. GRACE MARBURY SANDERSON America’s High- est. paid scenario writer. IN PERSON time there was a settlement of assets and liabilities between the school dis- tricts affected, the defendant district making levies and collecting taxes, supplying’ school accommodation, pro- viding transportation for pupils and disposing of useless property; it is held: 1. Plaintiffs have been guilty of such laches as precludes them trom asserting the invalidity of the annex- ation proceedings. hy ‘ Appeal from district court of Ran- some county, Buttz, J. sitting at the request of Allen, J. Affirmed. Opinion of the court by Birdzell, J. M. O. Thompson, and Chas. S. Ego, Lisbon. attorneys for appellants. Kvello & Adams, Lisbon, attorneys for respondents. FROM WELLS COUNTY The John Miller Co., a corporation, plaintiff. vs. The Harvey Mercantile Co., a corpora- tion, et al., defendants. SYLLABUS. 1, One who possesses a cause of action which may’ be used affirni- tively, or as a defense, may use it for purposes of offense or defense but ‘he cannot do both, when it serves there by to compel the obligor of the debt to answer or respond. twice for the same claim. 2. One may not assert and en- force two inconsistent modes of re- dress and one may not split up his cause of action so as to compel theye- by the obligor of the debt to answer. or respond twice for the payment of the same claim. 3. One may not.claim a share of the same debt forthe same amount with- out a class because preferred, .and then again within such class, be: ¥ not preferred; if, in resulting effect, one secures and enforces a lien in- eluding the debt, there is a: merger of the cause of action for the enforce- ment of the original debt alone 4, The bar of plea of res judicata is available between the same parties and their privies upon every question, issue, claim and defense presented in a former suit. In. an_action of sequestration, where the plaintiff seeks to recover on its debts evidenced by a judgment. out. of the ascets of an alleged insolvent corporation, alleged to have been transferred unlawtully and preferent- ally, and upon the liability of the of- ficers and directors of such corpera- tion, by reason thereof, and where it appears that the debt upon which re- covery is sought was formerly evi- | spondents. . jnine months; thereafter one who had ‘cover taxes paid; without sufficient | of the state banking board limiting the power of banking institutions to eoutract debts, where it is shown that the stockholders and directors of the vak auow the institution to be run by an. officer ‘who is accustomed to transacting all the ordinary business of the bank, and where such officer contracts for a re-discount of paper belonging to the bank, drawing a draft therefor in favor of the bank which is later paid, the bank and ‘its receiv- er are precluded from asserting the lack of authority of such officer as against a purchaser of the paper who took without knowledge of ‘the limita- tions or without’ knowledge of the facts which would make the limita- tions operative. . . Appeal from district court, Rolette county. Hon. C. W. Buttz, J Affirmed. Opinion of the ‘court by Birdzell, J. Grace, J. concurs in the regut. Pollock & Pollock, Fargo, N. D., at- torneys for respondent: Fred E. Harris, Rolla, N.-D., at- torney for appellants. FROM RANSOM COUNTY Joseph Weiderhalt and H. J, Geisler, plaintiff and appellants. vs. Lisbon Special School District, N. 19, The Board of Education of Lisbon, Special: School District No. 19,- W. F. Grange, A. M. Kvellor, T. A. Ci tis, ‘A.C. Cooper, C. D. Clow and |= W. S. Adams, defendants and re- SYLLABUS A school board entered an order of annexation under section 1240, C. L. 1913, and all parties concerned ac- quiesced in the order for a period of signed the petition and another whose complaint is based wholly on increas- ed taxes brought. an action to set aside the order of annexation and re- excuse the plaintiffs delayed the pros- | ecution of their suit so that a de-/ murrer was not disposed of for more than a year and a half and a trial on| the merits was not had until more; than three years had elapsed after the Mn mortgage given for'a threshing out- THE SALVATION ARMY . ENSIGN ERNEST MARSHALL bringing of the action, during which | 8 p. denced by certain notes secured by chattel mortgages upon certain éleva- tor property, and that in an action of conversion of such property br by one of the defendants, c' title through a bill of sale from such alleged insolvent corporation, tio plaintiff asserted in defense the same debt, the lien of its chattel mortgages, and the unlawful: preferential char- acter and the illegality of the transfer so made through a bill of such sale, without consideration, all to defeat the right of such defendant in the conver- sion action, and where further, it ap- pears that by> reason thereof, the plaintiff asserted and enforced the same debt or some part thereof, and the lien of its mortgages, beyond mere mitigation of damages, it is held, upon the principles -of law hereinbefore stated, that the plaintiff is estopped to enforce this'same debt in such ac- tion. Action in the nature of sequestration proceedings in district court, Wells county, Coffey, J, From a judgment of dismissal the plaintiff has appealed and demands a trial de novo. Affirmed. Opinion of the court by Bronson, J. Grace, J. concurs in the result; Chris- tianson, Ch. J., and Birdzell, J. dis- sent. Fred B. Dodge, Minneapolis, E. P. Kelley, Carrington, Banks & Robbins Grand Forks, attorneys for defendants. Pierce, Tenneson & Cupler, Fargo, attorneys for plaintiff. MISPLACED SPANK COSTLY TO TAR Canning Town. Eng—Alfred Haw- kins’ wife failed to write to him while he was at sea, He went home t» spank her for the neglect. He open- ed the door and walked up stairs, and, AS rasa snes in the dark, administered the punish- ment “right heartily.” Then he returned to his ship and the next day was in jail for assaulting ‘Miss Mary Sweeney, a young woman who lives next door to his house. In consideration of the fact’ that Hawkins intended to whip his own wife and not Miss Sweeney, end had entered the wrong house by mistake. TT THE MARRIAGE TOKEN BEAUTIFIED Let your wedding march begin at this store Our seamless hand made of Platinum, 14, 18 and 22K white, green or. yellow gold ture carvings of Laurel, Bridal Rose and Orange Blossom. wreaths symbolic of charm- ing sentiments. A beautiful sentiment portrayed by a beautiful ring. Let us show you with the plain polished wedding ring in all ‘ sizes and shapes. F. A.. KNOWLES DIAMONDS OUR SPECIALTY Established 1907 ; Jew DAY, MAY 25th (euOWLES tre ewe) SISMARCK.N.DAK DIAMONDS “UEWELRY the magistrate fined him $10 and paid the money to Miss Sweeney. carved wedding rings with exquisite minia- these rings together Bismarck OUNUOONOUOG! SUQNDNDRONUOUOUDODAOORODNSOON000NN000000R0000NN000018 eler