The Bismarck Tribune Newspaper, January 13, 1921, Page 3

» ae « We ye * 7 a » ° oo of ‘ : ye 4 > ‘ w eo, \ ‘ ’ \ é i oy ae ‘ ‘ 4 > ! fy > « > / THURSDAY, JANUARY 18, 1921 "SUPREME COURT |) From Sheridan County. Syllabus. 4 Frank Billings, Respondent, \ vs. G. Doering Grain Company, a.co-part-| nership or Soletrader, composed of} G. Doering, Appellant. 4 r In an action against the warehouse- man for an accounting where it ap- peared that' the platutif¢, from time to time had delivered wheat to the defendant for storage wnder\an oral contract covering the storage rate and an agreement as to advances,| and where storage receipts evidenc-| tng a different contract were not. is-| sued.until long after the delivery of; the wheat, and, when issued, were) ante-dated; and where the. defendant, | pursuant to notice, had closed the/| storage account ‘sending the plaintiff] ~ @ check for an amount which was in-| the amount of the cash advances, and the’ only: basis for, dispute arose out of ante-dated tickets providing | * ‘for a differemt rate .of storage than | % that previously agreed upon, the ac-|. ceptance of a check purporting to represent. the ‘balance due” does not amoung to\an accord and satisfaction of an Unliduidated demand. 2. "The tehder and acceptance of a | check purporting to be for a “balance due’whera no. condition or. state- ment of the consideration was written in the check and where tHere wab no prior disagreement or discussion as te the amount actually due, does not eg- tablish an agreement on the part of the creditor to receive the check: in full satisfaction. ; 3. An obligation is not extinguished by an accord and satisfaction under Sections 5824 and 5827, C. L. i913, un- less there be an agreemeht and an acceptance of the consideration there- of by the creditor . 4. Where the plaintiff brought. an sufficlent to discharge its obligations| action for an accounting, for grain “ander the storage tickets, the defen-|Stored with the defendants demanding dant receiving the check and cashing | ‘it without agreeing to accept it in full! satisfaction, it is held: | 1, Where there was no dispute as to the terms of the original oral con-| tract, as to the number of bushels or i | ~ ina Hurry - ; aes : For reat: effectiveness, thie old home-1 remedy has no equal, Teslly and theaply. prepared, You'll never'know how quickly a bad» cough. can be. conquered, -until you, try this famous old home-made .remed Anyone who has conghed all day a all night, will say that che immediate relief given is almost like magic. It takes but a moment to. prepare, and really there is nothing better for conghs. Into a pint bottle, put 21% ounces of Pinex; then add plain granulated sugar syrup to’make a full pint. Or you ean use clarified molasses, honey, or corn syrup, instead of sugar syrup. Either way, the full- pint saves about two- thirds of the money usually. spent for cough preparations, and gives you a more positive, effective remedy. It Keeps pers and tastes pleasant—children ce You can feel this take hold instantly, soothing and healing the membranes in all the air paseanee, It‘promptly loosens ‘a dry, tight cough, and soon you will notice the phleem thin out, and then disappear altogether. -A day’s use will usually break up an ordinary throat or chest cold, and it, is also splendid for bronchitis, croup, hoarseness, and: bron- chial asthma. Pirex is «most valuable concentrated compound of genuine Norway pine ex- tract. the most reliable remedy for. throat and chest ailments. .. To avoid disappointment. ask your @ruggist for “2% ounces of Pinex” with directions and don’t accept anything else. (Guaranteed to give absolute satis- factiod or money _refun Pinex Co., Ft: Wayne, Ind. ‘ NOTICE TO. COLLINS SAFETY RA- ZOR STOCKHOLDERS This Company is now in the hands of a receiver appointed by Chicago Courts. The Pro- tective Association of North Dakota, Inc.,. believes it is a reorganization scheme to | Now is the time to stand up and fight. Co-operate and pro- teet your interests. -** Write THE PROTECTIVE ASSO- CIATION OF NORTH DA- KOTA, INC. ; General offices 5 & 6, Cliffor “Annex, Grand Forks, N. Dak. O: G. Gilbertsen, Secy. money judgment, and it appedrs that the defendant had disposed of the grain soon after its delivery and had closed: the storage account, the plain- tiff has a right to an’ adjudication of the proper allowance for storage charges, interest on advances and the price at which the defendant shoul! be charged for the grain, and in these 5 | circumstances the fact that he did not tlemand the grain is inrmaterial. 5, ‘Where the storage tickets gave |the plaintiff a right to demand grain at the terminals or terminal bonded warehouse receipts, and where the lo- cal cash buying was on the basis of future options, it was inequitable credit the nlaintiff gn the basis of future options. instead of the higher! cash price at the términal market,| ‘where the defendant dfd not have the wheat on hand and was ‘hot required to! buy, wheat locally to fulfill its obli- gations under the storage tickets. Appeal from the district court of Sheridan County, W. L. Nuessle, a Affirmed. ~ Opinion of the court by Birdzell, J. Aloys Wartner, Harvey, for appel- lant. “@ Z O. P. Jordal, New Rockford, for re- spondent. 2M From Richland County. | Oscar Voyén, et al. contestants and appellants, vs. Eagle Schoo! District of Richland County, State of North Dako ta, a corporation, et al, contestees an:t respondents, Syllabus: In this case four electors of a school district. gave notice to contest a vole | Por the construction of a school house. The notice did not. state sufficient grounds for a contest; it was not serv- ed in time, and the special method provided by statute for contesting a general election does not apply to this ease. Held the contest was properly dismissed- Appeal from District Court of Rich-| + HAVE COLOR IN CHEEKS Be Better Looking—Take Olive Tablets Tf your skin is. yellow—complexion pallid—tongue coated—appetite poor- SomAYE a bait ast in your ota a lazy, no-good . feeling—you take éitve Tablets. _ : stitute for calomel were prepared by ‘ lomel;—were pre] D Dr. Edwards after'17 years of study. Dr.Edwards’OliveTabletsarea purel vegetable undmixed witholiveoil., ‘Yeu will know them by their olive color. Tohavea clear, pink skin, brighteyes, no-pimples, 2 f of buoyancy chil ljaysyou must get at thecause. Dr. Edwards’ Olive Tablets act on have no dangerous after effects. They start the bile and overcome con- stipation. Take one or two nightly and note the pleasing results. Millions of boxes are sold annually at 15c and: 30c. sy COLUMBIA PHONOGRAPHS_ . (N. E. A. ‘Staff Special) Chicago, Jan. 13.—Prof, A. A. Mich- elsen; America’s leading physicist, has solved a:problem that the whole world has been wondering about, yet— If he.sat right down with an audi- ence of a million Americans and ex- plained his solution, only one person out of 167,438 would be capable of \understanding it. Michelson is weighing and _meas- uring the stars visible only in the greatest telescopes. Nae, , With announcement of his inven- tion, he cited the measurement of one star that. makes our own little sun look like-a piker. Said star is a mere matter of 27,000,000 times as large. Consider a pea in relation to Mount McKinley and you'll have what the earth would look like if placed beside Michelson’s pet star,-Alpha Orionys. The Michelson instrument, now at- Ne OA om d land County; Hon. F. J. Graham, Judge. Affirmed. ONE AMONG 167.438, WRITE PROEFSSOR Opinion of the Court by Robinson, ° E : Bronson, Birdzelt and: Gracey JJ. and Christianson, Ch. J., concur speci- ly. G. H. Koravik, Abercrombie, Attor- ney for appellants. Forbes, Lounsbury ~& Forbes, Wahpeton, attorneys for respondents. S Original - John C. Lowe, Plaintiff, vs. District Court of Ward County, and Fifth Judicial District, Honorable K, E. Leighton, Judge thereof, and T. N. Henderson, Clerk, Defendants. (Syllabus.),; 1, ,In a proceeding for the exercise of the superintending control of the Supreme Court, where it appears that the defendant in a: criminal action filed a double affidavit of prejudice ‘against both the trial ‘judge and the county. and judicial sub-division, and, thereupon, the trial judge, so disquali- fied made an order transferring the Ramsey County, without designating the judge who should preside at the trial in the transferred county, as the statute requires, and where, further it ‘appears upon the showing made at the hearing before the Supreme Court that a fair and impartial trial in Ramsey, County, for either the State or the de- fendant is. doubtful, and where, fur- ther, under the peculiar circumstan- \triminal cause from Ward County to|’ tached to the great telescope at Mount Wilson. Observatory in Cale ifornia, measures to one-ten-thous- andth of a degree of accuracy. . It is built on the principle of meas. uring light first used by Michelson and Morley in Cleveland, 0., and now} famous as the principle that made possible the science shaking Einstein theory, which only 13 men in the world can fully. understand. Michelson was born in Germany, came to America early in life and was .graduated from the Annapolis Naval Academy, with a commission. He left the navy and has since held chairs in various universities. Explanation of the new star-meas- uring principle is not printed here. If you think you are one out of 167,438 who can understand it, you may write to Michelson By the physics. depart- ment of the University of Chicago for the dope. " aeaiieaararee aaa oa aoa only after hearing had on that ques- tion. In the instant case it is held that a rate increase is void because it was without notice and hearing. Application for an original writ to set aside, and restrain the enforce- ment, of, a purported ‘order or regula- tion of the Board of Railroad Com- missioners ordering an increase in the SON, YOU’RE LOOKING FINE The Most Glorious Sensation of All Is to Get Back Into the Game Ask anyone whose nerves seemed MICHELSON | HE “The Theatre Beautiful Last Time Tonight Alice Joyce, in “THE VICE OF FOOLS” -And the Funniest Two Reel Comedy of dhe season, “Don’t Tickle” Fridsy. ne THEATRE ——— Admission 15c, 25¢ Last Time Tonight Wm. Farnum in ; “The Rainbow Trail” Zane Grey’s Thrilling sequel to “The Riders of the Purple Sage.” Saturday Feature Extraordinary 5 Norma Talmadge TOMORROW The man who never _ fakes TOM MIX No in “YES OR NO”. 1 Past Until She Has Answered This Vital Question rates of the Bismarck Water Supply] and back; rheumatism, backache. kid-| thoroughly cleansing cathartic for Ce cana , ney and bladder ailments; and Foley constipation, bilioumness: headaches, ‘anted, holes and | and sluggish bowels. 33 0 pinion of the court by Christianson, Cathartic Tablets, a wholesome. an rt Birdzell and Robinson, JJ concur . oy ' specially. H ¥ Mc. 2 ‘g BS Newton, Dullam & Young and H. F. > em amen! O'Hare, of Bismarck, and Lawrence & ¥ S| = a> S Murphy, of Fargo, for relator. Z| = She 2 Miller, Zuger & Tillotson, of Bis- q| ——— <a] marck, Butler, Mitchell & Doherty, of Z| = a= Z| St. Paul, ‘Minn, and Simpson and ZI IS Ee el Mackoff of Dickingen, for the Bismarek a F> SB S| Water Supply. Company. ys TUS TPS j ARC a ACTA CHE ‘ oo \ CUT THIS OUT—IT IS WORTH 4 aa { MONEY. “Pape’s Cold Compound” Breaks any Cold in a Few Hours Cut out this slip, enclose with Sc nae eenant stufted- and mail to Foley & Co., 2835 Shef-f, Tustamt Tetiett Dont ey tA fleld Ave» Chicago, Illy writing your) doge of “Pape’s Cold Compound” tak- name and address: cleaftly. You will} en: every two hourg until three doses receive. in return a trial package con-|.are taken: usually breaks any cold taining Foley’ T ‘om- | right up- It acts without assistance. “Tastes pound for pd tep oe The first’ dose opens clogged-up| nice. Contains no quinine. , Inatat Foley Kidney Pills for pains in sides| nostrils, and air passages of head; | upon Pape's. A World stops nose running; retieves headache, — dullness, feverishness, sneezing. — - “Pape's Cold Compound’, fs thé quickest, surest relief known and costs only a few cents at drug stores. FxLMINATE petroleum from the world and modern indus- try would come to a dead stop. backing that tiny film of min- eral oil, continuously appli and ne would groan to a stand-still. | machinery of the wor! ces surrounding the case involved, as|to have gone to smash and the last stated in the. opinion, it is, appropriate atom of iron apparently burned out that the superintending cotnrol of this|of the blood, how it feels to coma court be exercised in the interests of} back. Ask the host of men and. justice to the end that a speedy and/ women who have used Reolo. Here early trial be had without remanding|is one of the most astonishing re- the case again to the judge so disquali-| constructive, influences ever devised. fied for the consideration of the entry] It is a marvel for the many ways it of another proper order herein sub-| seems to act. And it acts. almost. at ject possibly to another application to) once. Safe, harmless, of food value, this court, it is held that the supreme! yet all medicine, it seems to have. court, under its »superintendending| almost the quality of actual intelli- control, will designate, as required by| gence. It has the power to increase istatute, the county and will direct the] fiegh, it enhances the activity of the District Judges in: the Judicial’ Dis-} entire organism, puts iron in the Petro: = =: \ ; ; COLUMBIA RECORDS SJ ON EASY TERMS IF DESIRED. COWAN’S DRUG STORE BATTER SERVIC EXCLUSIVE ELECTRICAL SPECIALISTS |! Service and parts for Delco, Remy, Northeast and Auto Lite starters, Bosch, Eisemann and K-W Magnetos, Exide ‘and Minnesota teries, and Klaxen: horns. : ELECTRIC SERVICE & TIRE CO. Bismarck, No. Dak. bat- past experience. In the.same way -sound judgment to -in-selecting the ban yowin tne handling ¢ your disposal. do for you. Interest on Savings 4%, ! 1 \The Oldes in this sec TTD us 6 ° A Matter of Sound Judgment : n. choosing your office or factory em- ““ployees: you inquire into their record and it is only a matter of exercise discrimination = k which is to work for of your financial affairs. We suggest you consider the recove of the First National Bank which for nearly forty ‘years has been, serving the people of this commufity. Its complete facilities are at. : What. we have done for others, we can trict to which the transfer of t cause has been ordered? to designate the trial judge to preside at the trial of. suck criminal action. Application in the nature of certio- rari for the exercise of the superin- tending control of this court. Minute Order entered directing the transfer of |the criminal cause to Pierce County and for the designation of a trial judge | by the District Judges of that judicial sub-division. Per Curiam Opinion. Birdzell, J. and Christianson, Ch. J., dissent. McGee & Goss, Minot, N. D., attor- neys for petitioner, . E. Packard & E. B. Cox, Asst. Attorneys General, Bismarck,'N. D., attorneys for defendant, Original (Syllabus.) s In the Matter of the. Application and Hearing before the Board of Rail- road Commissioners of the State of Nortlr Dakota, entitled; City Com- mission of Bismarck, North Dakota, versus Bismarck Water Supply Com- pany. E E State of North Dakota, ex rel, P. C. Remingtdn, et al., Petitioners, vs. C. J. Aandahl, et al, Respondents. (1) ‘In an original proceeding in the supreme court, the state is the actual plaintiff, and the relator is a mere in- cident. (2) A suit by the state in one of its own courts cannot be removed to a federal court, unless it is a suit aris- ing under the Constitution or laws of the United States or treaties made un- der their authority. (3) A suit to n {under the Constitution of the United States. or trea- ties. made, under their authority until it has in some way been: made to appear on the face of the record that some title, right, privilege or immun- ity, on which the recovery depends will: be. defeated by: one construction thereof or sustained by an opposite instruction. 5 a) ‘A majority of the court are of the opinion, and it is held, that the in- stant case,—(relating to and involving the validity of an order purported to. | have been made by the Board of Rail- road Commissioners: granting the Bis- marck Water Supply Company a’ 60 per cent. increase in rates; and. which order it is asserted by the relators was made contrary to. and without author- lity of law)—is one within the original | jurisdiction of the Supreme Court. |" (5). Under the Public Utilities Act (Ch. 192, Laws 1919) an: increase in rates of a Public Utility can be ordered be one arising or laws blood, lots of it, increases red cor- puscles enormously, takes the pallor out of the cheeks, contributes to the From air compressors to textile i machines m sewing to power house. engines, all thé machinery of modern life, the machinery which clothes and feeds, and’ transports mankind, is deperident upon petroleum. Animal fats and vegetable oils sufficed. for lubrication in the era which preceded the indus- - trial age, but only petroleum -jidefense of the body agains€ exhaus- tion and intensifies the activity of the vital processes to such an extent that you not only look like a winner, you feel it from head to foot. Ask any clerk at Finney’s Drug store and any other leading drug. store what a host of men and women have gained from this most wonderful re- constructive strengthener. Get a $1.00 box of Reolo today. 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 $75 values now .$45.00 $65 values now .$40.00 $40 to $45 value $30.00 TERMS CASH Ending Feb. 28th, 1921 KLEIN Tailor and Cleaner $85. values now $50.00 || $50 to $55 value $37.50 || pr pel laa at in suffi- : cien! ies eep pace * with the development of mod- ern machinery < In the development of our modern sys- tem\of lubricating machinery, the Standard Oil Company (Indiana) has performed an essential service in pro- ‘ducing a vast number of highest \ 3 lubricating oils and greases. from Another vital service of the Company is the maintenance of a distribution sys- tem which delivers its lubricants wher- ever, and whenever, the need occurs. ps ‘ The Standard Oil Company (Indiana) - manufactures lubricating oils and DI greases varying in type and consistency to meet the requirements of the innum- erable machines which our commercial age requires. ; Oniy highly spciized antinesiey organization could give’ to the people of the Middle West the Company (Indiana). ; The customer who buys a_ pound of { grease, a quart of oil, or a gallon of gas- 3 oline, is getting the result of the best effort of 23,000 loyal, efficient, highly trained men and women who make up the personnel of this organization. : Standard Oil Company Undiana) £ 910 S. Michigan Ave, Chicate I -