The Bismarck Tribune Newspaper, June 17, 1920, Page 7

en een Seman Tot ey eee Ree x " a e 4 : H é i HELP WANTED—MALE VESSACESMAN IN your vicinity With a car to sell our established, lige: of. oil and paints, Can offer a very attractive proposi- tion to the right man. Pecan occupation and ’phone-num- er. INTER-STATE OIL &* PAINT CO,. East Hennepin & 33d Avenues. Minneapolis, Minnesota 6-15-2weeks. Give age, | BISMARCK DAILY TRIBUNE WE have “several openings Tor setond : nen in’Tumber yards for which’ we ‘de- sire bright, ambitious young men who are anxious to learn the business wjth ap view os rd developing Into yard anagers. Boyer. Stute & J _ Devils Lake, Nob’ & WANTED—Druggist’s “Apprentice age, salary wanted, and materinee cin first letter. Bitnet Drug, Jamestown, N. D. 12-Lwk. RLzING IN “8 WELKS—Auto courses . C. A. Auto Schools, Los resin 6-3-4 WANTED—Pastry cook, man or woman good wages. Apply Minute Lunch. EA 6-16-3t WANTED—Elderly man or boy for kitch- en work, Apply at Minute Lunct & Odney WANTED—Stenograi it. Ci tional Bank, erarher’ ® tis 5-lwk HELP Winven “FEWER WANTED—At once ‘cook and -waiters. od a not heavy. Phone write Hotel Underwood, Underwood, N. Dak. Permanent place. 6-12. WANTED—Salesiady in general store. Pst he experienced in dry goods, speak erman arid. Catholic, preferred. Good salary to lady who can sell, Address 101 Tribune. 6-16-3t Npoute. voit” Paps girl eneral house work. :Family of three. Mrs. S. D. Cook, 220 Anderson Ave. ‘Telephone for WANTED—Girl for house work who can do plain copking. No washing. Mrs. H. R. Bernd! try Ave. A. Phone 622. 6-11-1wk WANTHO—Girl_ forge iat’ pomenam Family three adults. wages. Phone. 751 or apply 117- “Mate weet WANTED—Gitl. or woman_for housework. cing § Dohn Meat _512 Broadway. Phone WANTED—Competent ¢ eit or woman for housework. “Write No. 99 Tribune. 6-10-t! WANTED—Dining room eis and kitch- en help at Sanitary Cafe. 6-12-1wk WANTED—Girl for general house ‘work. Phone 72. 6-15-tf ——————————— WORK WANTED" WOMAN WANTED—To work on farm for two. Phone at my expense. T. L. Evans, Halliday, N. 6-11-1wk oe eee BE ROOMS FOR RENT FOR” RENT—One modern furnished room suitable for light house keeping. Phone 442L, before 9 a. m. and after ._m. ____6-11-1wk FOR” RENT—Modern furnished front room. Close.in, Private entrance. 322 Second Street. 6-14-tf FOR RENT— Two ni ni cely furnished zooms. or house, Keeping. Also one slee room. 620 6th ff a Catan FOR RENTORGS ished rooms for light house keeping. Call 241U or 418: ist St. 6-16-2t FOR RENT—Nicely furnished rooms, all modern, ° 417, 5th St. Phone’ #73. 6-16-Lwk FOR RENT--Furnished comfortable rooms in modern house, 422 1st St. ibs OR RENT—Frurnished rooms, a Avenue B." Phone 384 W, _6-15-3t FOR RENT—Furnished room. 814 Ave. B. Phone 384U. FOR RENT. Call 622 Ave’ F. eneral jarket. R RENT—Fur 214 Fifth S FURNISHED ROOMS for rent, 401 6th St. 6-16-5t eS AUTOMOBILES — MOTORCYCLES FOR SALE—Overland 90, nearly new, al- so Ford 1916, good running order. Will sell cheap if taken at once. Call 714 Thay 6-14-1wk FOR SALE—1 Overland, model 90, excel- lent condition. Sell cheap. 6-14-1wk SALESMAN W. iD—By old reliable house to sell something entirely new in punch boards to merchants in small towns and country stores, either TeR- ular or sideline salesman. UNR. STRICTED TERRITORY, BIG COM- MISSIONS. Write for selling supplics. Empire _ Manufacturing 125 W. Co., Plume St. Norfolk, Vi imo MISCELLANEOUS __ WE _ COLLECT CLAIMS, NOTES AND ACCOUNTS anywhere. No charge un- less we collect. Our ‘continuous, skll- ful, systematic, intelligent and per- sistent service gets you the cash, you need in your business.. Write or call. American Mercantile Agency, Room No. 20.. City National Bank Bldg. Phone 916, "_6-7-Lmo FOR SALE—Pure ome Sweet Clov- er Honey. 10 Ib. pail, $3.65; 5 lb. pail, $1. «| by mail prepaid ‘to any post office in North Dakota, Case of 24 sections of choice comb honey $7.95, by mail. Cash with order. Clark W. Allen, Big Timber, Mont. 5-28-11 mo-4 wi FOR SALE—Northeast corner of aver A, and 2nd Street, 100 x 150 ft. The finest location in the city for an apartment or three or four bungalows. $2850, emall_ payment down a dbetal. jeri. See Fred Peterson, Hot n FOR SALE DAIRY COW Holstein and Durham cows and heife! always on hand, 300 to 500 head. 9: dels For pari taken for Holstein calves. m. Eh perville, t lars write rhart, Ills, HOD ‘No. 10 Pai Clover Honey delivered to any. post North Dakota, $2.98 No. Py 5-24-1mot ATTENTION—All. makes of typewriters repaired and overhauled, Also buy and sell second hand machines. City Type- wirter Exchange. Phone me 1:lwk DUROC JERSEY PIGS For Sale, $20 each. Pedigrees furnished. These pigs are from prize winning stock. J. Cesak, St. Anthony, No. Dak. | 6-16- Mi GET @ set of Dayton Airless Tires. No punctures, No blow-outs. 80x3, 30x3% for front and rear wheels for Ford cars. A. J. Ostrander, Agent. 6-14-1wk FOR” SALE—Sightliest building Jot in Riverview addition. Lot high and level. Terms if desired. Call 216 W. Broad- way. Phone 679X. 6-11- FOR -SALE—4 bushels of Ohio seed potatoes, at $6.00. Inqui at. Menoken Farmers ‘State Bank, Menoken, N. D. 5-12. FOR SALE—First Class Cafe doing ex- cellent business. Best of reasons for wanting to sell. Address. Box 647, Minot, Nor. Dak. -29-3wks i60 ACRES of good hay land.for rent, 5 miles from Bismarck. Inquire R. Price, Decorah, la. e518 FOR | ‘SALE—Confectionery, 1 lunch Fine Alfalfa Sweet office in pail, $1.54. Cash with ’ order. Smith, Jr, Fromberg, Mont. sa and” grocery. peut sell cheap. Box 122, _Stanton, N. D __5-22-1me PUBLIC E “At Pool Hail, at Sweet Brair, » June 26. All xt and furniture. 6-17-1t FOR SALE- Famed “oak buffet, like new. 600 Ave. D., Bismarck. Phone se 3 =3t y in Bismarck Call at 214 6th St. doing fine business, FOR SALE—Fox Ty! pewriter. First class condition. Phone 230 6-12-1wk WANTED—Washing. Phone 437X. 6-1-3wk EE eee The largest rainfall in the United States occurs in the state of Wash- ington—150 inches, / Address 76 Tribune, "52D FOR’ SALE—Ford Form-a-Truck, Hae condition, Price ;very reasonable. 77 Tribun 5=22-tf —————_$ SALESMAN _. 3 le} county, Crawford and Hanley, JJ. to | repeated by, Ch. G.| 1901, (Sec. fom Takes An Afterno Great SCOTT | MUST OF For6oT TO WinD AIGHT- I'VE STILLGOT five oovock! Were WALF TE AFTERNOON 1" WASTING BY ALLMAN | You won't nee To WASTE IT - Off raasy A. \pon'r See WHY. Dont Svat Te Kicki, : 1S GOT To Nits Tae HAs TO |! Yau bt edad 4 AT LAST $500 Dollars CASH & $45 per month BUYS Choice of two 5 room: and bath, abso- lutely new, bungalows. Modern in every way. Full basement including furnace room, laundry room ,garage, ahd’ fuel room large enough to hold winter’s supply of coal. IMMEDIATE POSSESSION IF DE- SIRED Located in the best part of tke vity. F. E. YOUNG REAL ESTATE CO., | 1st Natl. Bank Bldg. Phone 78M. 6-U1-1wk ___ LOST _AND FOUND ; LOST—82x314 non-skid tire on rim. Find- er return to Tribune office for reward: FOR SALE OR RENT HOUSES AND FLATS HOUSE FOR SALE—A moi 5 rooms and bath; garage; close in on 4th Bt. One of the nicest little homes in the city. For quick sale $3600; one- - half cash. Also house of 5 rooms, not modern, close in, $1650, J. H. Holihan, Ist _docr east of ‘post office: 6-16-2t FOR SALE—6 room modern house inciud- ing 2 bed rooms, well located, east front, hot water heat, on terms; 6 room modern house, including 2 bed rooms, for $3250, on’ terms; 6 room moderi> house, including 3 bed rooms, for $4000, liberal terms; 5 room partly modern house, well located) for $1800. Geo. M. he house of FOR SAL aieslog: all built in features. Has’ one closet, ed, hot and cold water in, basement. suuern improvements, [uz J. Ostrander. eae ‘iwi FOR SALE w 3 room houge,® and cloths closet. Light. and Call O'Connell Grocery. Phone. +: SUPREME COURT | ‘From Billings County Joseph Abdalcader, plaintitt-appellant vs. ‘Richard Kanan, Anna Kanan, fendants-respondents, is Syllabus. 1. In a trial de novo in the supreme court, where an ac- tion in’ equity to foreclose a real estate mortgage is miade determinat- ive upon the issue of payment and settlement of the debt, and, where the record evidence upon such issue ig made indefinitely and uncertain by reason of newly discovered evidence offered upon a motion for a new ¢rial in the trial court, this court, although the trial court has denied the mo- tion for a new trial, may remand, in the interest of, substantial justice, the entire case to the district court for purposes of a new trial. Action in district court, de- Billings foreclose a. mortgage. Plaintiff has appealed from a pudgment and order denying a new trial ahd has demand- ed_a trial de novo. Remanded for a new trial. ' Opinion of the court by Bronson, J. eniadsea ‘Ch. J. concurs special- * Simpson & Mackoff, Dickinson, at- torneys for appellant. T. F.. Murtha, Dickinson, attorney for respondents. ~ —_ From Cavalier County The State of ‘North Dakota, plaintiff- Tegnondett: Hiram J. Stepp, defendant-appellant. Sylabus: 1. An appeal from a judgment and a motion for a new trial are independent remedies. A tt district court has jurisdiction to hear select Early and determine a motion for a new trial in a criminal case made with- 2-tf} in the statutory time, although an appeal has been taken from the judg- ment of conviction. "2. Sec. 3381, C. L. was not implfed- 178 ‘Session Laws 3376, C. L. 193). 3. Pursuant to Sec: 3381 C. ‘L. 1913, the district court may appoint, in its discretion, special counscel to assist | the state’s attorney in important cases. This power or discretion, however, should not ‘be exercised where it appears that the officials whose duty. it is to presecute, can properly represent the interests of the state. 4. In a criminal ‘prosecution for statutory rape, where the state, up- on cross examination of the defen- dant, and also, of his wife, has in-| quired concerning his relations ‘ae, | his present wife, some 16 years ago, in Maryland and Virginia, anterior | examination, to their marriage, and while the ae-| fendant had a former wife, seeking, thereby to impute to the defendant | improper, if not illegal relations, and | where, further upon argument to the jury, the state, though a private; prosecutor, made statements to the! effect that the defendant left his first’! wife and children of tender years and | went away with his present wife, before he secured a divorce from the | former, it is held that such ‘cross and such statements considered in connection with the | finding thereupon by the trial court, ; constitute prejudiced error for which | a new trial must be granted. Criminal action for statutory rape, in district court, Cavalier county, Kneeshaw J. Defendant has appeal- ed from a judgment of | conviction; and an order denying g new trial. Reversed and new trial granted, Opinion of the court by Bronson, J. .Ribinson, J. doneurs specially. | G. Grimson, state’s attorney, Hon.! William Langer, attorney general, Hon. S. L. Nuchols, assistant attorney ; general, red J. Traynor, special} assistant state’s ‘attorney, attorneys for, the respondent. J. F. P. O'Connor, Sveinbjorn John- son, Owen & Owen, attorneys for the; appellant, From Cass County John F. Kanable, Plaintiff and Ap- pellant, vs. Great Northern Railway Company, Defendant and Respondent. SyNabus. (1) Except in actions which are duly prosecuted under the Employers Liability Acts, and within the time limits of those acts, “An employer is | ‘rot bound to indemnify his employee for losses suffered by the latter in con- sequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of} another person employed by the same employer in the same general busi- ness.” Comp.‘ Laws (Sec. 6107). (2) A motion for a new trial must specify the grounds of the motion, and when it is made on the minutes of the court, the moving party cannot | snecessfully appear from an order de- | nying the motion without first causing ' a statement of the case to be settled i ina iade a part of the record so the! appellate court may examine “the min- ates of the court.” | Appeal from the District Court of | Cass county; Hon. M. J. Englert, | FRECKLES AND HIS FRIENDS He Played Absolutely Safe! You AEVER DISOBEYED Your FATHER! AQE AOSIR=T AEVER DISOREY e Pop, WELL, You DISOBEVED YouR FATHER THEN). To FALL. OFF OF WW kite HimseLF Nov Gwan WLTHE ROUSE: sm YouR MOMER, AND judge. From an order denying motion for new trial, defendant appeals. Affirmed. Opinion of the Court by Robinson, J. Grace, J. Dissents. M. Av Hildreth, Fargo, for appellant. Murthy & Toner, Grand Forks, for respondent. From Morton County Brotherhood of American Yeoman, a corporation, Plaintiff and Respond- ent, vs. Pie Farmers Equity State Bank of Man-» dan, N. Dak., Defendant and Appel- . lant. Syllabus.. q@) Witere a principal admits the agency of one who executes a prom- issory demand, note, and signs his and the principals name thereon, and in such a way that the resolution ,of principal and agent appears upon the face of the note, the note beMg given to fhe bank for a loan, and the money is advanced thereon, and paid over, by the agents, to ‘the principal, and the principal thereafter denies the auhority of the agent to thus execute the note, such prin¢ipal is. in no posi- tion to claim the right to retain the money it received upon the note while denying lability thereon. It cannot disaffirm the authority of the agent to make the contract, and at*the same time retain the benefit thereof, of his unauthorized act. (2) Where an, agent borrowed money upon'a promissory demand note from a bank, and signed the «ome in the manner above stated, and! Ag principal denies authority of the agen. to sign the note, but receives dnd retains the benefit and proceeds of the loan for which such note ts given, and where the principal subse- quently has a deposit in the same bank, the bank may charge the note to that account. Appeal from an order and judgment of the District Court of Morton Coun- ty; Hon, J. M. Hanley, judge. Reversed and remanded. Opinion of the Court by Grace, J. Christianson, Ch. J. Dissents, L. H. Connolly Esq. of Mandan, at- torney for respondent. Nucholg, & Kelsch, Mandan, attor- ney for appellant. From Mcintosh County i Jacob Herr, Jr., Petitioner and Ap- pellant, vs. August W. Herr, Christian J. Herr, MUST. MANE Christiana $290.00 FIRST PRIZE..... |SECOND PRIZE.. THIRD PRIZE... FOURTH PRIZE.. FIFTH PRIZE......... 1-2-3 and 4 tomorrow. de use in cold wegther? , 5. 6. ANSWER So ciess ee NGS ois ele cata ies eure ones | PRIZES» automobile or truck. automobile or truck. mobile or truck tires. -»+» $10.00 in cash. $5.00 in cash. 4, Name two cars capable of standing outside for 4 hours, with just plain water in the radiators, without the use of blankets and without danger of freezing it 25 below zero. ADSWOF 8535 oc Foeisiee 668s a ties Name the city manufacturing more automobile tires than any other city in the world. What tire gives you “Lotta Miles?” Answer SEAS WEG Wie pels eis a eee d owe Ww hone aoa 7. Speaking of tires, you “Keep Smiling With ... 8. Who sells the best tires in Bismarck? Answer . ANS WEP 4 o3iais: 502 etre eee todd ain wheelers «a eles 9. What Non Skid tire “Kant Slip?” 10. What automobile company originated the BB Cord? Send answers to P. O. Box 80, Bismarck, N. D. Your name in full ............ ccc eee eee ee eeeee Address .. CONTEST FOR BOYS AND GIRLS IN PRIZES will be given away for the most accurate and best ” answers to a set of 50 questions, trucks and tires, which will be run in the 'T ri a questions each day for 5 days, beginning Monday, June ++. $150.00 which will be applicable on the purchase price of a a new - ++ $100.00 which will be applicable on the. purchase price of a new «+++ $25.00 which will be applicable on the purchase price of auto- For all boys and girls giving correct answers to not less than 30 of the 50 questions we will give an automobile ride and Ice Cream Picnic in the woods near the river. siring to bring hook and line may fish. Swimming will not be permitted. SPECIAL NOTICE: For the benefit of those boys and girls who have not started in at the beginning of the contest we wish to,suggest that they secure copies of the paper containing the question blocks at the Tribune office and send in answres for Blocks QUESTIONS. Block No. 4. Give speed limit for city of Bismarck... .......... 606. eee cee eee ee ie shesstitseaioaste PATS WER Cotes ca tieitvaisistads| «yscanceetabesutazs) eos sesesaiay lolol iinet save pine aoe 2. Which has right-away car going North or South, or car going Kast or West? concerning ‘automobiles, bune in blocks . Those de- 3. “What two cars. hive, as regular equipment, a radiator shutter and louvre plates for | BGO 6. Beis a iossiaa vase PROV wid seviajs aleve arstewetiaisiasiorn io: GILL, sa eceoseiere tae se Dontest officially closes at noon, Saturday, Ju, te 19th. All answers must be in the mails not later than that hour. Koth, Gottlieb Herr, Katherine Herr, Friederich Herr, Edward Herr, Magdalena Herr, Aug- ust Herr, Danie] Herr, Julius Herr, Bertha Herr, Gedion Herr, John Herr, Alvin Pudwill, and Susanna Musch Herr, Appellants Respond- ent. Syllabus. Jacob Herr and Susanna Herr prior to the time of their marriage entered into a written anenuptial agreement, the valadity of which for the purpose, {of this action is assumed but not de- cided, whereby, she agreed, that in e of his death prior to her she should receive out of his estate the use of the homestead during her life vas ‘end the sum of $2,000.00 and no more. Held. for re: ns stated in the opin- ion, that, she. is not thereby precluded from claiming or taking her exempt- ions under Section 8725, C. L, 1913, but notwithstanding such agreement she is entitled to such exemptions. Appeal from a judgment of the Dis- trict Court of McIntosh county, F. P. Allen, J. Aflirmed. Opinion of the Court by Grace, J. Bronson, J. and Christianson, concur specially. H. W. Platt, Wishek, G. M. Gannon and A. A. Ludwigs, Ashley, attorneys for appellants. DIDNT T SEE You FISHING IN THE CREEK OU, NOs T. WEAT WItWour ASKIN’ Hw! W. S. Lauder, Wahpeton, I. A. Mack- off, Ashley, and J. E. Burke, Minot, attorneys for respondent. From Stutsman County — Magdalene Talbott, Plaintiff and Re- » spondent. vs. William Earl Talbott, Defendant and Appellant. Syllabus. A motion ‘to vacate and set aside decree for divorce, taken by plaintiff against defendant, was made under and pursuant to the provisions of Sec. 7483, C. L. 1918. The trial court made and entered an order denying the motion. It is held, for the reasons stated in the opinion, that this was an abuse of discretion. Appeal from an order of the District Court of Stutsman county; Hon. J. A. Coffey, J. Reversed. , Opinion of the Court by Grace, J. C. S. Buck, Jamestown, attorney for defendant and appellant. C. L. Foster, Turtle Lake, and E. T. Burke, Bismarck, attorneys for plain- tiff and respondent. From Williams County Helen Clark, Plaintiff, vs. : Wildrose Special School District, a municipal corporation, Defendant. Syllabus. Where, during the progress of a trial, a question of law arises deemed by counsel and the court to be devis- ive of the case, and the question is vertified to the supreme court under Chapter 2 of the Session Laws of 1919, and the jury discharged, it is held: (1) Following Guilford School Dis- trict v. Dakota Trust commen, N.— W. Stutsman Company, and County v. Dakota Trust the record presents no question concerning which this court can exercisé either its appellate or, original jurisdiction. Appeal from district court of Wil- liams count, Leighton, J. Remanded to District Court. ‘Per Curiam opinion. Grace, J. con- curs in the result. BK. L. Burdick, Williston, attorney for palintiff. Wm. G. Owen, Williston, attorney for defendant. From Grant County Martin Rykowski, Plaintiff and Re- sone out: Geers Bentz, Dotengant and Appel- lant. Syllabus. 1. An application to set aside a judgment obtained by means of fradu- lent acts on the part of the plain- tiff is not controlled by Section 7483, C. L. 1913. The district courts have inherent power to vacate fradulent judgments. 2. For reasons stated in the opin- ion, it is held that defendant's motion to vacate a default judgment in this case shall have been granted. From an order of the District Court {of Grant county, Hanley, judge, de- fendant appeals. Reversed. Opinion of the court by Christian- son, Ch. J. * “A LOCAL MOTOR COMPANY” i Jacobsen & Murray, Mott, N. D., at- torneys for appellant. B. T. Burke, Bismarck, attorney for respondent. REPORT VERA CRUZ ALMOST IN ASHES By JACK CARBERRY. N. E. A. Staff Correspondent. Houston, Texas, June 17.—One-third of the’city of Vera Cruz has ‘been re- duced to ashes in the fight against. the black plauge there, according to Americans and Mexicans who have just come out of Mexico. Sheriff’ Binford, who has just re- turned from Mexico, declares all re- ports from Vera Cruz say that at least. one-third of the homes iff Vera Cruz have been burned in fighting the out- break of the bubonic plague. Business in the city has been sus- pended, soldiers rule the city and no one is allowed’ to leave or enter. The isolation camp on an island is crowded to overflowing. The peons think that Mexico “paying for her sins in blood.” The story generally accepted is that rats from a Chinese ship brought in the plague. 4 CIGAR STORE IN SUGAR BUSINESS Washington, June 17.—Sugar is be- ing sold in the cigar stores here at 26 cents a pound. Although it is more than two pounds at a time in is any grocery store, one cigar store is” offering four pounds for $1.04, and the Manager announced that customers could have more if they would order it in advance. Appearance of sugar in such unnat- ural places is one more evidence that it has drifted out of its natural chan- nels and is in the hands of specula- tors. So far the jewelry stores have of- fered no sugar. War Hotels No Now Are Making Money BY BELLE ROBERTS N. E. A. Staff Correspondent. Washington, June 17.—The govern- ment hotels for- women war workers, 18 buildings in all, erected on govern- ment lands, as a war emergency, are now making money, besides giving 2000 young women government clerks all the comforts of home. During the ten months just past 331,000 has been returned to the treasury department. The monthly rate of $45 includes a’ room for one, with all modern conven- fences, two generous-mneals a day, free. infirmary service, use of laundry, re- ception rooms and other privileges. There are no institutional rules. A Californian has given the name of Californiacs to all those. who leave the state. . ENGE, D. C. Ph. C, Chiropractor Consultation Free Suite 9, 11—Lucas Block—Phone 260 impossible to buy *