The Bismarck Tribune Newspaper, January 12, 1921, Page 3

é } \ Simply and tersely stated, MotHen’s FRrEnp is just exactly what the name implies—a friend and help to mothers. It has been made and sold for more than half a century. If ‘t did not possess the value claimed for it, MotHer’s Frienp could not po: sibly have remained on the market. For only that which is really worth while and beneficial can survive. " ‘The mothers who appreciate MorHer’s Frrenp the most, and who ore loudest in their praise of it, are those who unfortunately did not use it with their first baby, and who, through its use with the second one, were able to fully realize the relief it gave them. DIDN'T EVEN NEED THE DOCTOR “Dear Sirs: 1 am willing and anxious to tell any mother about Motua's Farrxp, It did me so much good wouldn't be without it if it cost $5.00 a bottle. first two chikdren I hdd a doctor and a nurse and thea they had to use instruments, but with my last two children 1 only had a nurse; we had no time to get a docter be cause T wasn't vory sick and only sick about ten or fifteen “Any mother can write me and ¥ will only be too glad to give’ her advice. Yours truly.” MRS, C, J. HARTMAN, 45 Palm St., Scranton, Pa. SICK’ ONLY. THREE HOURS, “MOTHER'S FRIEND” USED, COMPARED WITH FOUR DAYS SUFFERING WITHOUT IT “Before using Morten'’s Frrenp 1 suffered from Wednes- day ‘till Sunday. With my next child I uesd Morsza's Fao and was sick only about three hours.” MRS, OLIVE VANDEN, 10 Grape St., Gallipolis, 0. For valuable booklct—“MOTHERHOOD and The Baby” —free, fill in coupon below and mail direct to makers cf MortHer’s Frienp. WARNING: Alold using plain oils, greases and substitutes thee act only on the skin and may cause harm without doing good, BRADFIELD RFGULATOR fa Dept. 20, Atlanta, i lease stnd me your FREE, book: {et oa MOTHERHOOD and The BABY. Used by Expectant Mothers for Three Generations, — Health ana Happiness for Women — Every woman seeks happiness as the thing to be most desired. Fortunately, the right to happiness is denied to no woman, regardless of her sphere in life. The first and foremost essential is good health. For, without gvod health, strive after happiness as she may, it is beyond her reach. If she will accept the advice of thousands of women, who have been benefited, she will take Dr. J. Bradfield’s Female Regulator—a tonic for women and for troubles culiar to, their sex, which has been sold by drug stores for more thai 60 yeara iv. J, Bradfield’s lemale Regulator is put up in $1.00 bottles. lin introducing this resolution but we | want the audit to be of the fiscal and not political significance. We have heard many stories concerning this | audit of the industries, including one DEBATE WAXES WARM ON AUDIT FIRM’S REPORT (Continued from page one) whom such audit is to be report- ed. Therefore, I move that the pres- ident of the senate appoint a committee of three to confer with the auditing board and make ar- vangements for receiving the re- port and for the examination of the members . of the Bishop, Brissman & Company who made the audit, so that the truthful- ness and correctness of said aud- it may be confirmed, and so that the body and the people of the state may know whether this was an honest attempt to make an audit or a political audit for the benefit. of a political faction. mill at Drake met with an accident | when a sack of bran rolled down, j that he became discouraged, und | guessed at the rest. We want him to | come here for examination. “On the question of expenditure.” | he continued, “this legislative assem- | bly is costing the state approximate- jly $1,500 a day and if my under- | standing is correct, the house has ex- | pressed itself as not being able to | proceed unless it first has this audit ; no material difference, but it would | be better if these accountants were brought here at a cost of $1,000 a | day than hold a body at $1,500 a day that an auditor working at the state} | report as to what is needed. It makes | Nothing in this resolution shall change or affect the resolution heretofore adopted on this sub- ject. The senator declared: “I believe that the senate and the house and the people of the state are entitled to an honest audit of the North Dakota in- dustries. I have no ulterior motive \ “They WORK doing nothing.” New Board to Act. The league floor leader of the sen- e indicated that still a further aud- |} it would be made at the diiection of | the board, when he said: | “We want the assurance of having jan honest audit by both companies | that have audited the industries and | whatever new company does. We have heard a great deal, but we can- not get at the facts unless the audit- ors are here to ask them questions. ; I have some to ask myself.” i Senator Ployhar, |to_the state affairs committee. | Liederbach: “I | | two or three more days.” Ployhar: “I want to say to j ology of this resolution | duced by Liederbach from which an | alleged political paragraph stricken). phraseology of every resolution from now on. I don’t see any rea- son why the state affairs committee afternoon and report back | body tomorrow.” All Are Waiting. to this mittee of three to confer with the board of auditors. We're marking time and the people of the state are marking time waiting for the report. Everyone, be he Nonpartisan leaguer Da you feel bilious, constipated. port.” red 7 ‘ Senator Stevens, Independent, re- heac-achy, upset, full of cold? Take | slied: “We want to know what we one or two Cascarets tonight for your liver and bowgls. Wake up with head clea, stomach right, breath sweet and feel fine. No griping, no incon-| venience. Children love Cascarets too. 19. 25, 80 cents. DODGE CAR With Winter Top Has been used less than six months, First Reasonable Cash Offer 1919 Ford Touring Motor equipped for self-starter. First rea- sonable cash offer. USED CAR MART 606 Main Street Phone 488 — are voting on and we cannot know by_a hasty reading of the resolution.” | Senator Fraser, Nonpartisan: “We}| ASPIRIN Name “Bayer” on Genuine package of genuine Bayer Tablets o! Aspirin. proved safe by millions. chances with substitutes. { | | fairs committee and delay matters, value, that shows gross the | carrier. | senate that I do not like the phrase- | proper care, the animals should reach | any more their destination in nearly as good! than the one the other day (intro-| condition as when shipped. | should not take up the resolution this} son, Ch. J, concur special, | | { want to know whether we are getting |icapacity for use in- commerce of a =o Take Aspirin only as told in each Then you will be following: the directions and dosage worked out by physicians during 21 years, and Take no If you see an investigation report or an audit | report.” | | The telegram gave no indication of when the report would be made. | Senator Mees objected to further) argument, citing rule eighteen. | | Vote Is Even, | ‘motion to refer to the state affairs, |committee. The chair rules the ayes| to prevail and division was asked.) On standing the senators voted 23/ and 23, and the chair voted to kill| \the motion. | Senator Steel then moved that the} | vote on the resolution be deferred un-| | til today. “Regardless of what it is,| | we ask a reasonable time to digest ‘it.” he said. i | Senator Church, Nonpartisan: “We! jdid that a few days ago on another| | resolution and the committee has not} | yet reported.” | Senator Ployhar, Independent: “The |chairman of that committee is a |}member of the majority in this body, | jand the ‘majority’ also has a major-| j ity of the committee. Why haven't; | they reported?” | Senators Baker, Ward, Ettestad| | and Levang expressed themselves. | The question was put on deferring un-| \til today. The chair again ruled on| jthe aye and nay vote. On stahding| | vote, it was again a 23 to 23 tie, and} |the chair voted against the motion \for deferring. , | Stil Even. | | On the question of the adoption of) ;the resolution a division of the sen-' ate announced by the chair -was 25; |to 23.for adoption, Whitman absent. | President Wood then named Sena- | tors Liederbach, Ployhar and Church |as the committee to confer with the | state board of autlitors. f The senate judiciary committee re- | Ported out for passage Senate Bill No. 1 by McNair as amended in com- mittee to include features in Senate Bill No, 3-by Baird. The bills in the | first instance provided means for al- {lowing attorney generals elect to {conclude private business after: tak-| | Ing office, the other giving states at-, ; torneys the right to participate in the | eee of criminal cases outside of | ir own counties. = T! ii aia he adoption n SUPREME COURT | o From Mountrall County, Syllabus. Bangs, Berry & Caraon, a foreign corporation, Plaintiff and respondent. vs. J. J. Nichols, E. T. Williams, Leonard Retterath, Scandinavian American State Bank of Van Hook, State Bank of Sanish, N. D., a cor- poration, and EB. E. Balsukot, | | Defendants and appellants. | | Appeal from district court of Moun- | trail county, Hon. K. E. Leighton, judge. | Plaintiff, as assignee of mortgagee, | | commenced foreclosure by advertise- | iment of a certain chattel mortgage. | which was restrained by order of | jcourt, after which foreclosure by ac- jtion was had, resulting in a judg- jment of foreclosure. Under the evi-| ;dence it is held, the judgment is; | right. Opinion of the court by Grace J. Christianson, C. J. Concurs. | Judgment affirmed. | | McGee & Goss, Minot, N. D., attor- |neys for plaintiff and respondent. John E. Greene, Minot, N. Dak., at- torney for defendants and appeliants. . From Mercer County, Syllabus, Jacob Sailer, Plaintiff and respondent, vs. United States Railway Administra- tion, W. D. Hines, Director Gen- eral, and Northern Pacific Railway) Company, a corporation, Defendant and appellant. When a carload of animals in good condition is shipped from South St. Independent, | Paul to Hazen, N. D., and in five days/ moved that the resolution be referred | they arrive at their destination in a deplorable condition, so that several want to know/of the animals die and the balance why this should go to the state af-|are greatly damaged and reduced in negligence and-want of care on the part of the On such a shipment, with| Appeal from the district court of; was} Mercer county; Hon. F. T. Lembke:/ I am going to watch the | Judge. in-| | treduced by the senator from Dunn’ Corrected and affirmed. Opinion of the court by Robinson, | J. Grace, J. Concurs in result; Bron-| son and Birdze}l, J. J.. and Christian- ly. oung, ‘argo, at- | ‘Young, Conmy & i torneys for -appellants. John Moses, Hazen, Kelsch, Mandan, attorneys and Norton &| for re-} Senator Church entered the debate.| spondent. “The resolution only calls for a com-| banraan Rrom Ramsey County. Syllabus. Albert Roberts, Plaintiff-Respondent, vs. or Independent, is waiting for the re-| Charles E. Taylor, et al, Defendants-Appellants. 1. In determining the status of an inland lake in this state, as public or private waters, the test of “naviga- bility in fact” is applied. 2. This test is not confined to a pecuniary, value but may be extended ; ‘to capacity for use for purposes of | | navigation for pleasire, public con- | venience and enjoyment. | 3. The state, in its sovereign right, possesses the title to the bed of pub-| lic waters within this state. 4. The state, in its proprietary! | right, owns an island existing in pub-| |lic waters located within a school} |section, which has been ceded by the! | federal government to the state. | 5. Sweetwater lake, extending | some six miles in length and in width two miles in places, with clear and |deep water, meandered by the U. $.| | government survey in 1883, and since | that time used by the public for boat- | ing and hunting and capable of being ; navigated for such and other pur-; | poses is navigable. 6. The plaintiff and the defendant. | riparian owners by virtue of grantes | f| from the federal government and fron: | the state to lands abutting upon such | \Jake, received no title to the bed of| | the adjacent lake, and only the rights jof riparian owners upon navigable | | waters. ‘ q. The state, as well as the par-) the Bayer Cross on tablets, you can take them without fear for Colds, Headache, Neuralgia, Rhemuatism, Earache, Toothache, Lumbago and for Pain. Handy tin boxes of twelve tab- lets cost few cents. Druggists also sell larger packages. Aspirin is the trade mark of Bayer Manufacture of Monoaceticacidester of Salicylicacid. ities, are intetested in the accessions ithat have occurred to the respective | |tracts of land through the recession | of the lake waters and the portion be allotted to each is determinable ‘upon principles of reliction. | Action in district court, ‘county, Kneeshaw, BISMARCK: DAILY TRIBUNE Thé question was put on Ployhar's| ' North | Dakota, a corporation, and Farmers | | f{uil notice that th Ramsey J. to determine i TWO FEET TALL—The small- est man in the world is an Aus- trian tailor with a long name — Alois Unterleitner, of Vienna He is 25 inches tall—-just an inch over two feet. He jown here beside a man of average height. NA ee AAA ARRAN. adverse claims concerning the land of a lake bed: The defeudants have appealed from a judgment in favor jot the plaintiff and demand a trial |de nova. | Rever: and a new trial granted | | | with directions to notify the state. Opinion of the court by Bronson, $ ‘Chyisuansou, Ch. J., concurs spec- ially. Chas. A. and Chas.'M. Pollock, at- | torneys for i a ; Blynn & Tre and Edward En- ; gerud, attorneys for respondent. | _ From Stutsman County. SyHabus. Western Electric Company, a corpor- ation, Plaintiti-Appellant, vs, The City of Jamestown, a Municipal Corporation, Defendant-Respondent. 1, In an action by « public serv- ice corporation to recover for elec- trie current furnished a city, where, pursuant to a contract for one year, made in 1912, the corporation has furnished electric current for street lighting from year to year and has accepted payment at the rate ’stipu- lated in such contract, although in 1914 the city council adopted a reso- | uaon cauceding. such concract, and where, in February 1918, the-corpora- tion gave notice.of an increased or | surcharged rate’ of 10 percent upon the theretofore existing rate and con- tinued to furnish such current tor buch purpose to the ‘city+without. the city accepting or agreeing. to pay sucn mcreased rate, and’, conunued thereafter to receive payment for the current furnished under the contract rate stipulated, it is held that the original ‘contract was continued and renewed, -by practical construction through the acts and conduct of the parties, and that the corporation is not entitled to recover the increased or surcharged rate. 3 2%. In such acuon. by a Public Service corporation to recover from a city for electric current furnished in operating city walter pumps where in the franchise to the corporation granted in 1902 it was provided that the corporation should pump water in the stand pipe which the city has not located at the rate of $2.50 per 100,000 gallons, and where pursuant thereto until 1910 it furnished such power by meang of 4 steam pump and thereafter, when the city had changed its wells and pumps, furnished elec- trie current for their operation for a period of eight all at the rate stipulated in the franchise and — at which rate it received payment, and, where since August Ist, 1918, it has furnished current and has sought to charge the city at the current rate charged to private consumers, all with sity claimed such cribed franchise service at the pr rate it is held: a. That the corporation was obliged under the terms of its Jran- | chise to furnish such electric current ut the agreed ral eA |». And that the Public Utilities FR things with a Cristadoro does queer {movie king. The Theatre Beautiful Evening at 7:15 Matinee Daily at 2:30 Harry L..Wagner, Master Organist The Finest Theatre inthe Northwest Pipe Organ Perfect Ventilation Cushion Seats Biggest and Best Pictures ‘ In | a city the reasonable value of electric (A918 for , tion of a dill for such current furnish- Tonight and Tomorrow. Alice Joyce In “THE VICE OF FOOLS” Five Acts of Interesting Drama and Un- usual Situations Friday Saturday Norma Talmadge “YES OR NO” Act. (Ch, 192 Laws 1919) effective ‘March 5th, 1919 granting to the Board of Railroad Commissioners the power to regulate electric light rates did not} abrogate or effect the terms and con- sideration of the franchise granted in 1902, In an action by such Public orporation, to recover from rrent furnished for a library and ing room, where a public library and reading room was maintained in a room of the city hall from 1910 to which the corporation fur- ric current until 1914, nished el without specific request therefor by the city and, without any bill being presented for the payment of such current, and, where, after presenta- ed, the same was rejected by the city end, without further negotiations, the corporation continued to furnish elec- tricity up to the time of the com- mencement of this jon, with knowl- edge that the city claimed that the corporation was obligated to furni such electricity under its franch held that the parties by their d conduct have adopted’ a practical coastruction of the franchise, and that there existed no contract, either expr or implied, to pay the corpor- ation any money for the electric cur-|- rent so furnished, Action in District Court, Stutsman county, Neussle, J.. to recover for electr ent furnished for street lighting, city water pumps and for library and reading room. The de-|/ fendant h ppealed from a judg- ment of dismissal in favor of the city. Affirmed, ‘Opmion of the Court by Bronson, J, concurrence by Christianson, Ch, J. S. E. Ellsworth, Jamestown, D., attorney tor appellant. i. G. Kneeland and Thorp & Ritt- gers, Jamestown, N. D., attorneys for respondent. From Renville County Addie McKeen, Plaintitt and Re- HE NEW ELTINGE | BISMARCK Tonight - “The Rainbow Trail” Seven reels of Thrillin; A powerful story of the Great West. Sequel to “Riders of the Purple Sage” ‘spondent. vs, Nels Iverson, Defendant and Appcl- lant. WHO'S AFRAID? — Snakes? Why, little Sister Hart plays with (Syllabus) vem! Her dad is Cecil Hart, a The plaintiff is the widow of Sig} Naturalist of ‘Montebcflo, Cal. (McKeen, deceased. He was a guest He thinks all children should in a car owned and driven by de-| know that many snakes, held fendant. The car turned over and in deadly fpar, are harmless, killed McKeen, and, as the found,) and a help to the farmer, in that fendant. The verdict erate and in accordal dence, Appeal from judgment of District Court of Renville county, ‘Hon, ©. W. Buttz, J. ‘Affirmed. Opinion of the Court by Robinson, J, Bronson and Birdzell, JJ, and Christianson, Ch. J, concur special, Grace, J, disqualified, did not parti ipate, iE, R. Sinkler, Minot, J. E. Bryans, Mohall, attorncys for respondent. Bradford & Nash, Minot, attorney for appellant. Garlic Keeps Off Snakes. vs in the sonthern part of , Who have to/travel in’ the snake-in : aps. rub their feet with g: and as they move along sw the air with light: rods. Even the ous, boa constrietor will hurry ¢ y from the gariie, and the othe: are terrified by the swishins, OM A BILLIARD BALL—Charles ©. Cristadoro can do billiard ball that Willie Hoppe never heard of. to| kinds of seulpturing in New York. He has | just carved, out of an ivory billiard ball, a statue of Bill Tart, the It is 2 1-11 inches high. times as. hefty as his ivory miniature. they destroy gophers, mice and | ground ho: “Trench Leave.” | he familiar expression “to take | French leave” arose in the early part | of the Bighteenth century, through vin guests In th lous of France, of the higher acts of ing without ‘ing good: | st or hoste The prac: | read to society in other coun | aman left with host it was | |e | ng gvod-b: took “French To Make a Hole in Glass, To make a hole in glass make @ circle of clay or cement rather t | than tie intended hole; pour some | kerosene into the cup thus formed, | ignite it, place the plate upon a mod- | | erately hard support, and with a stiek j | rather smaller than the hole required | and a hammer rather sharp } ; blow. ‘This will rough-edged | | hole, tvhich may be noothed with a } ile. Cold water is said to answer even | pe ee = | | Home-made, but Has No Equal for Coughs Makes a family supply of really dependable ¢ ily prepared, 1 severe cough ar chest | with soreness, throat | , or dificult breathing, | {wakes up during the | or if y night with croup and you want quick | help, try. this reliable “old home-made | ody, Any cough rev druggist, can supply | you with 2% ounces of Pinex. ‘our this into a pint bottle and fill the bottle wnulated sugar syrup. Or honey, or | syrup, i s a pint of | n spite of its lowe (upon to give quie take hold of a} means business. | < the phlegm, stops and ‘heals the | t line the throat with such prompt: | nty that it is really | You can fe cough in a wa It loose: throat tickle | irritated me and bronehial tub a special and highly eoncen- f ine’ Norway known means coughs, throat There are t of this mixty avoid disappoint: | ounces of Pinex”| ceept any- | ranteed to give absolute | money promptly _re- mor rt in the flesh is 46,676 se teres jane Ha The Pinex Co. Ft, Wayne, THEATRE —— Admission 15c, 25¢ Tomorrow Wn. Farnum another great Zane Grey Triumph Action. * Friday TOM MIX Thought. Thought takes man out of servitude into freedom.—Emerson, MOTHER! “California Syrup of Figs” Child’s Best Laxative Accept. “Califorafa Syrup of Figs only—look for the name California on the package, then you are sure your child is having the best and most harmless physic for the little stom- ache, liver and bowels. Children love its fruity taste. Full directions on each bottle. You must gay “Cali- fornia.” Grove’s is the Genuine and Only Laxative Bromo ~~ Quinine tablets The first and original Cold and Grip tablet, the merit of which is recognized by all civilized nation, Be careful to avold imitations. Be sure its Bromo ja¥” O CO: kgore The genuine bears this signature 30c. OPEN AGAIN FOR BUSINESS PAUL WILLMAN Dray and Transfer Auto Truck Service Soliciting business from my old customers as well as new ones, —All Work Guaranteed— PHONE 699 —— REDUCTION In Tailored Suits $85 values now $50.00 $75 values now . $45.00 $65 values now . $40.00 $50 to $55 value $37.50 $40 to $45 value $30.00 TERMS CASH Ending Feb. 28th, 1921 KLEIN Tailor and Cleaner