The Bismarck Tribune Newspaper, December 9, 1920, Page 6

PAGE SIX WISCONSIN GETS LION . SHARE OF MEN ON ALL WESTERN FOQOTBALL TEAMS but the honor | inois both did well, must go to De’ it New York, Dec. 9.— Illinois and Wisconsin divide honors in the se- tir t Back Jection of players named for the myth: + “Elliot of isconalae ls really a ical All-Western Conference Colleg?! oreat half back, one of the sturdiest aoe i football team by F. C. Patterson in’ in the Big Ten. He showed this in the current issue of Collier's Weekly. every game. His ever Neen Of the 11 players chosen for'places 071} itlashy, except-in picking out forwa passes, but he seldom failed to do the combination Wisconsin gets four; | Risa ie wae called uvon to do: “He Illinois four} Ohio State two and Iowa | jg speedy, good at line bucking and one. Mr. Patterson opens his article. yey field running, with a nice change with a review of the western seasOi! or nace, and he was deadly in tackling. and the varions teams in the race for Ralph Fletcher, of ‘Illinois is given a the championship won by Ohio State ko gition alongside of Elliot and Cran-: following with a resume of the ind lect, although he is not a star in: ad- vidual ability of the various players! pvaneing the ball.” He is, however, in- considered for positions on the Al 1-| valuable to a team as a placement Western team. In part his article i8 jicker and bas been one of the main- as follows: ‘stays favor his team in this respect and Greatest Enthusiasm. we think more valuable, on this ac- “Never in the history of Westera | count, to any team than either Wal- fyotball has the* enthusiasm been quist of Illinois of Stinchcomb of iter than in the season that, has onio, just closed: Most of the games have; “vento the initiated Carney and been played“ before capacity crowds. Weston stand head and shoulders, lit- Conservative estimates show that UD-/crally ‘and> figuratively,” above. all ward of 400,000 people have paid from ' other ends. in the Conference, ‘These $500,000 to $600,000 in admissions. |/pjayers, we think are above any pair Lovers of football have paid a great of ends that have‘played in the West- tribute by their attendance and with ery gridiron in years. Belding af their money and,it is certain that they lowa and Myerg of Ohio ‘are botn are a most important factor in the splendid ends and Belding is chasen popularity and success of the game. for the second team. This being so, they have one request, | Valuable Man, i with a capital R, to make to the rule} “stinchcomb is too valuable a may makers, namely, to,pass.a rule for the/ toi he teft off any team and notwith- numbering of the players. | Standing he has played in. half-back “The conference race was fast aria] position all season he is moved over | furious, as well as heart-breaking in ‘to an end position on the second eley-! | ‘or incompetent servant so retained. ‘etency; spots, and it was not until Ohio and| en Illinois played the last game of the season, at Champaign, that a definite decision was reached. This game was one of the hardest fought ‘games of the season and it was not over unt® the timekeeper called time. Both these elevens, being coached to perfection in the art of forward passing, played) the open style of game, which madé! it doubly , interesting ed the specta- | tors. Teams Interior “It is the opinion of the writer that the conference teams this year are inferior sto the eastern teams in of-; fensive and defensive line work. They | unuestionably lack -the power and; polish that the eastern teams possess. | bat I feel perfectly free to state that |i ‘onsin, Illinois and Ohio state are cidedly superior to the best eastern teams in forward passing. “While the forward pass has been’ greatly developed, it does not appear that all coaches are as yet using this us one of the main avenues of at-| tack. \ “Crangle of Mlinois was’ decidedly the star of the Conference. The west has never produced a more powerful full back, and it is doubtful if any college in the country has seen his superior this year. He was’ equally strong on offense and. defense] A certain coach was asked what he thought of the Illinois line and he re- plied, ‘He ig great.’ Illinois did no have a strong line; but, with the ever- present Crangle backing it up, it showed up strongly. Wisconsin has a splendid full back in Sundt... What he may have jacked in weight he made up in intelligence and ‘aggres- siven Aubrey Devine of Iowa as quarter | hack clearly leads in this position. He outranked all contenders in speed, brains, generalship,/open field run- ning and forward passing. Workman of Ohio and Robert Fletcher of Ill- First Tear: Kind Carney, Tackle . Guard . Center Depler, Illinois Nemecek, Ohio State” Guard .. Trott, Ohio Stat J. Taylor, Ohio State Tackle Huffman, . Ohio St + Slater, Towa§ end . Weston, Wisconsin . . Stinchcomb, Ohio State Quarter Devine; Iowa ... Workman, Ohio State Half Ba .. Elliot, Wisconsin . Walquist, [lines Half Bac Ralph Fletcher, Ilitois . G. Devine, Iowa, Full Back Crangle, Illinois . . Sundt, Wisconsin BASKET TOSSERS OF GRAND FORKS SEND CHALLENGE; The Junior Y. M.-G.'A. basketball team of Grand Forks: has issued:a challenge to any ¥. M. C. A. boys’ team of 120 pounds in the state or Northwest. Last year the team won | all of the 14 gameg it played. This year the team has’won three games thus far played, defeating Manvel high school, 70 to 8; Crookston, Minn., 42 to 16, and Nash Brothers’ team, 40 to 10. The weights of the five boys playing } on the team are: McCracken, 128; MeNeil, 109; Sadler, 124; Odland, 110; Jondahl, 104. The subs are Emard, 117; and Boe, 147. n of the Grand Forks Y. M. C. has issued the challenge for the bo; ——— 8 i SPORTBITS ° |) 4 | leading SOME PROGRESS BOSTON—-By electing Mack Aldrich captain of the Yale eleven, the school } has broken a precedent of long stand- ing. All former leaders of Eli elevens were from the big prep schools. Al-} drich is from a high school in Fall River. SHORT FIGHT—YES! TOPEKA, Kis.—Jess Willard be- lieves he has-all the physical atti hutes to give Dempsey an even-steven | fight as long as it lasts. Jesigis fig- uring on getting in condition to step at full speed for four oF five rounds and not build up for a Y5-round mils DIFFERENT NOW St. LOUIS—When Miller Huggins} was manager here he made quite a reputation as a “David Harum” trader. But since he went to New York he isn't doing so well. Rival clubs hesi- tate to give the big town teams any- ; thing. med Illinois .. Scott, Wisconsin .. . EAnge, Wisconsin . (RRA AAA RA Re . Zink, director of physical edu-| . Anyone who has seen this boy run ad gather up forward passes will un- | derstand. tt of Wisconsin and Huffman of | Ohio ar@ the two leaders at tackle po- ‘sition and they have by con- | sistent hard work won their laur-' els. These boys have been alert every moment while playing the defensive { while offensively they, were. aggfes: | five, knew how to charge, opening holessthat a truck could drive thrgygh The bi field man playing. b | them have much to be thankful for in~ having mea of their caliber to pave the way. Slater ot Ohio failed_ to live up to expectations, not playing the powerful game that he showed last year. Notwithstanding this, he! is still a great tackle. He and Goetz of Michigan played great football all | year. “Flashy outstanding guards, such j as Benbrook of Michigan several years ago, were not to be found in|; the Conference this season. However, Trott of Ohio far outclassed the field and must be awarded a position along - side of Scott and* Huffman. “Bunge of’Wisconsin is awarded the | other guard position. This player :f& one of the best linemen of the year. His position has been at center, where he has pnoved his worth in very game. He futy! understands the ‘work te- quired. of a guard, having played , guard for Wisconsin all last‘year.. At ‘center both Depler of Hlinois and Bun- ge have had a battle royal for honors. It would be difficult to judge which one has.the edge over the other. “use a threadworn expression, both ‘are “towers of strength” to their re- spective teams: It is not recorded that either of them mjade.a bad pass. On defense both were fighters to th? core. Nemecek of Ohio has also play- ed a consistent gafme at center.” Complete Selection The complete selection ‘of first’ and} second team players follows: a Second Team ..+. Belding, Jowa, McGuire, Chicago Brader, Wisconsin has established his residence: here, is training for indoos ‘sprinting again Scholz is a flier on the: board track. THORPE WONDERS AKRON—Jim Thorpe doesn't: know why he isn’t still a: big leaguer. “I batted over 300 when I wasup there and I hN’em all. You can’t prove it by me why, they turned mé back,” he ays. “PASS: UP FLORIDA NEW YO! The Yankees will pass up Florida t spring as a train- ing camp'sight. It is claimed that at Miami and’ Palm Beach some of the fellows did their road work in auto- mobiles and game .north _flabby. BOXING C CARNIVAL OF ALL NATIONS | S TO BE HELD) Dec. “9.— An interna- boxing carnival between the amateur middleweights and heavyweights ‘and heavyweights of New York, | tional Vitial international contest in a sport series which promises to make 1924 a.red letter year in sport histary,. it | Was*learned today. ; Plans for the bouts, which will be {held at a place and date to be an- vounced later by the International Sporting clab, were virtually com- pleféd. yestérady by’ the club match- ; maker, Tex O'Rourke, after a series of conferenceg in London. \ . Unless ther a an. eleventh-hour change ‘in the.plans, the bouts will bring togsther the best.amateur mid- dleweight and heavyweight boxers jaf the English (and United State€ armies and uavies. ! The leading chantpions in these two (veight classes of the London po- | lice and + fire departments also. wi!l face opponents from the New’ York { departments. All bouts will be*un- der the regulations of the .Interna- tional boxing federations and, i FLIER “TRAINS ‘AMBRIDGE, Mass.—Jobn-} ny sSeholz, the scliebourl sprinter who | j haye-vthe ,sanctioh of the Aind i Athletic Union of the United” Statos To /» Appeal.'from the district court of ngland and the United States, to be | {held here next month, will be the in- j THURSDAY, DEC. 9, 1920" fener | SUPREME G COURT | From Grand Forks County Mike Hennessy, Plaintiff-. Appellant, vs. Charles Ginsberg and Harry Gins- rtners doing business under the firm name and style of Ginsberg, Bros, — Defendants-Re- spondents. * . (Syllabus.) 1.. Even in cases where. the fellow [servant rule is applicable, an empldy- er ig charged with the duty of exer- cising ordinary care in the selection of servants engaged in common ser- vice; and where he retains a careless or incompeten servant in his em- ployment after a knowledge or such incompetency, or carelessness, or, when in the exercise of due care he should have known it, he is liable to any other servant who suffers injury through the unfitness of the ‘caretess 2. In the instant-case, wherein the plaintiff seeks :to recover damages for injuries sustained while unloading a carload of scrap iron, which. injuries: he claims. were occasioned by the neg- ligence of a careless and incompetent fellow servant, whom) defendants re-, tained in their employ after knowl-. edge of his carelessness and incomp- it is held, that the evidence adduced by the plaintiff established a prima facie case ‘of actionable negli- gence against the defendants. It is held, further, that under such evidence the questions of assumption of risk: and contributory negligence were for the jury. Action for personal ‘and Forks county. Cole, J., from a judgment entered, upon a directed verdict and an order denying a new trial, the plaintiff ap- peals. re Reversed. ’ Per Curiam Opinion. Grace, J. concurs specially, Bronson and Robinson, J.-J, dissent. O'Connor & Jobson, Attorneys for, 4 Appellants. Murphy & Toner, Attorneys for Re- _sbpndents. injuries in From Stutsman County Fenk Piechotta, Plaintiff and Re- srondent, Fred o. ‘Fried, Defendant and Appa lant. (Syllabus.) (1) In a civil action to recover damage for assault and battery, cross- examination of the detendant with reference to arrests for prior offenses of g similar nature is improper, , (2) Where the defendant had been arrested on a criminal charge of as- sault and upon preliminary hearing efore a police magistrate: had not testified in his own’ behalf and had been bound over to the district court, the action of the magistrate in bind- ing him over is inadmissible in a civil action to récover damages for the same‘ assault. (3). Where during cross~ examina: tion of a party ~ counsel — per- sists in. \pursuing an improper line line. of examination .. for purposes of affecting credibijity, the questions asked relating to the wit- ness’ commission of, prior petty offen- ses, and the ruling/thereon being ac- companied by intimations: of: possible admissibility. for certain purposes, it is held that the asking of the questidns and the pursuit of the line of exam- ination was prejudicial error. .~ Stutsman county, Coffey, J. Reversed and Remanded. Opinion of the court by Birdzell, J. Grace, J. concurs in result. Geo. W. Thorp, Jamestown, attorney for appellant. S..E. Ellsworth, Jamestown, attor- ney for respondent. From Cass County F. W. Abraham, Plaintiff and Respond- vs. - <a A. Durward, Defendant and Appel- dante (Sylabus.) 1. Sec. 4,-Chapter 202, Laws 1917 (Statute of Frauds embodied in Uni- form Sales. Act), which provides: that, “a contract to’ sell ova sale of any} goods ofthe value -of five h&ndred dollars or upwards shall not be en- forcible by action unless the puyer. “GEIST” “WONDER CORN PEELER {Just as Good for Calluses. Maney Back if it. Fails , Don’t be: bossed through life.by-a ; pesky corn or callus.. Don’t let a corn tell you, whey to sit down. ‘Dgn’t wear shoes too large for you because a corn ‘says you must. ‘Get rid of the darned thing. * the Whole Corn Right Off and be rpany to engage -in military or naval | : BCR wie I a duced showing: sanitary conditions in the vatious- camps’ in‘ which ‘the in- shall accept part: of he rtracted to be sold or 80! and actual- ly ‘receive the same, or. ‘unless some afi HT ahr’ 4 note or memorandum . writing/of the Hon of fact to be ae bn sured. manwas staperfed and upon the Northern’ Produce Co.,: ‘Bis- contract or sale. be’ #ined bythe (of the evidence of the “cifeumstances atmy, transport-upon which he Aailed, dick. “‘Writeasfor priceson ” party. to be charged or ‘His agent in! surrounding the: Anaured iat the time! nor in: the military unit to. yAich’ he | Mt . am i that behalf,” does not render a con-|of his death. jp | Was attached. Rian ‘cream and poultry.—Northern z tract falling within the statute abso-| \(4) . Where a-death is:ocqasioned by) Appeal from the. district! court, Produce Co. 4 lutely illegal or void) ‘but: renders it} a, disease ,.which;{:was: ep! sat-the merely voidable at the élection of one time jameng ibeth the, civilian and the | or either of the partiés thereto. alee Dopwlatiancittien pourt, cannpt, 2. A party ‘sought. #o, be charged | md from istics alone, which: ap- upon a contract ‘within such statute | parently. show greater‘montalityidn the must, invoke its proteceion in some, army as.a whole‘than among the civil] i te nner, ill be, Population, thag: the .inaured, has a ieoned athe: waived ‘nights uns | Gonsequence ‘of: ns@rvges, | Judicial District sitting Th his stead. der it. (5); ~The burden nesting} sp. : torus. Fenneash #; Capler, Fargo, 3. Whep the complaint alleges the fendant to establish, that deat: ‘re-\\attorneys. for appella | contract peso t eigen eter stating sulted from milit service fi it OW. H. Adams, Bottineau, attorney whether it was in writing or not, the ; Sustained wher statute-of frauds. is no.available as a defense unless specially pleaded. Appeal from the. district. court of Cass County, Englert:.J, Defendant! appeals from. a judgment and from an order denying a newttrial. Affirmed: Opinion of the’ court' by Christian- son, Ch. J. Grace, J., concurs, spévially. /W. J. Lorsbough-and Pollock & Pol- jock, Fargo, for Appellant. 1 WwW. J, Pourtner Page, for. Respond- Bottineau county, A.,G. Burr, J. \, Atfienfed. Opinion ;of, the Cours, by , Birdzell, | J, Grace, J. concurs ‘in result." Christianson, Ch. .J. being disquali- || fled did not partici ate, Hon. W. L. Fo Nuegsle, one of the. Judge of the Fourth, CO. Phone 62. ent. 4% 5 “ iJ From Bottinen {gents | Jacob L. Gorder,’ Plaintiff and Re- aponden: sas i ‘The Lincoln Nationa Life Inusrance Company, a corporation, Defendant and Appellant... RaeN \ (SyHabus.) reat) Under the war.clanse.in an ingsur- | ance policy, the insured, was required | to obtain permission. from, the com- | Tur- service in| time of war and to pay an| ,extra premium. ..In the event of his f faflure:to do so, it was'stipulated that’; in ,case of the death of the dpsured in|, “consequence of such servicé, the lia- t bility of the company should mot be We want a Carload of G keys between now and Decem- Sell. your. cream ‘and poultry to‘our agent, or ship direct’ to - , BEULAH and BEAR CREEK Lump Coal, Call \ WACHTER TRANSFER ‘mit, Ahe insured entered the military; seven days. after debarkation at Liv- ea i eu Te greater than the legal .reserve/on the. policy. -- Without tidining | the per- service and died of pneumonia about | sypool, England. It is held: | 1) The ctause.ahove: referred to eat he tatty of’ the company | ¢€x« where, death occurs in’ ape ee ot military or naval sérvice. . 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