The Bismarck Tribune Newspaper, June 25, 1921, Page 2

‘\membership campaig: PAGE TWO Saat American Legion “There is not the least doubt in my mind that if it-had not been for the determined 'stand of the American Le- gion, Zimmer and I would still be in Prison,” writes Ser it Neff, who with Sergeant Zimmer .was arrested by the Germans following an attempt to capture Grover Cleveland Bergdoll, notorious slacker. “The American Le- gion came to my aid during one of my darkest hours, and it demonstrated by its unwavering loyalty toward a comrade that its sublime aspirations and lofty ideals concerning comrade- ship are a living truth.” oe Men entitled to navy retainer pay and not receiving it should communi- cate with the navy allotment officer, Davy retainer pay section, Navy de partment, Washington, D. C., accords ing to the American Legion Weekly. Applicants should give the following data: Full name, date of enrollment, rating and class in which enrolled, present address, present rating, num- ber of retainer pay checks received (if any) and amount of each, date of release from active duty, date of dis- charge from reserves. - ee One of the largest single cash con- tributions for the benefit of disabled ex-service men has been received by the St.Louis city central executive committee of the American Legion. The amount was 85,000, “without a string to it,” given by Mrs. Newton L. G, Wilson, wealthy philanthropist of ‘the city. The fund will be used exclusively to assist disabled men in obtaining just compensation and for the relief of their dependents. ees American Legion posts in Minnesota fre having a lively controversy as to which one has the oldest Legionnaire on its rolls, Redwood Falls presented Dr. Gibson, seventy-two years old, who served with the medical corps at Fort Benjamin Harrison, Ind., and held the record until Kimball post introduced ‘Adam Brower, seventy-six years old, and Joe Mason, who admits eighty-six years and a highly prized membership in the Legion. ees As a result of a fight waged on the floor of congress by Representative Hamilton Fish, Jr., of New York, a prominent American Legion worker, relatives of aliens who served in the American army, navy and marine BIRDS INSPIRE HER PEN MISS "ZONA ‘GALE PRIZE-WINNING AUTHOR TO CHANGE HER STYLE * ee # By Newspaper Enterprise. Portage, Wis., June 25.—Zona ‘Gale, author of the prize-winning novel, Miss Lulu Bett, attributes much of her success to the birds. Miss Gale watches the squirrels play up and down the trunk of the old tree directly under the window: sees the blue birds gathering string and bits of grass for their nests in 2 bird house which crowns a stimp; and watches the flickers and wood- peckers. Miss Gale was awarded the Pulit- zer prize of $1,000 for the original corps during the World war are en- titled to preferred right of entry in- to the United States in the three-per- cent immigration to be, allowed during the next year under the immigration bill. \ eee play of the year, “Miss Lulu Bett,” which, it is said, best pregents ‘the po- tential valye of the stage in raising the standard of good morals, good taste and good’ manners. © She recently returned from New York and will, spend her summer at Port- age, where she is writing another new Members of the American Legion in book. St. Paul, Minn., cast their bread up- on the waters and it was returned— a bundredfold. Last spring they gave assistance to a needy man. When the Legion men were selling theater tick- ets for a benefit performance/for un- employed veterans the ex-service man sold 500 tickets In two days. As a result, 150 men were ednt out on jobr the following day. e . e A vigorous campaign waged by the American Legion against disloyal ac- tivities of the Industrial Workers of the World is responsible for the stab- bing of a Legion worker by an I. W. W. fanatic, according to reports recelved at Legion national headquarters from Pocatello, Idaho. True to form, the I. W. W. member attacked the Legion man in a dark alley, stabbing him in ‘the back. ese For the prompt relief of disabled and unemployed ex-service men of Chr cago, Thegdore Roosevelt post of the American Legion staged a stag party, at which Judge K, M. Landis was a guest. Battling Nelson was in charge of the athletic program, the band of the Great Lakes naval training station provided music and stage stars con- tributed thelr services to a midnight frolic. eee Commuters ‘and street car fans of New Orleans may have to walk when the American Legion meets. Em- ployees of the New Orleans Railway and Light company have formed a post of the Legion. The street raitway men are enthusiastic members of their post and have promised to attend meet- ings even if they have to Bring along their private cars, eee An American Legion speaker has ‘been ‘asked to explain the aims and ‘Purposes of the organization at the an- ‘nual labor plenic to be held June 18 in Kansas City, Kan, The action, which followed @ conference with the mayor of the city, is intended to clear up any misunderstandings which radical ecle- ments may have fostered in the ranks of labor organizations. eee Only men who were in the service i@aring the World war will be admitted to.a hotel being erectéd by the Port- land, Ore., post of the American Le- gion The post is enlarging and re- modeling upper floors of its large clup- house to accommodate 70 men. i eee Idaho American Legion members opened their state service and mem- ‘bership campaign with prayers in al- most every church in the state, A oee _ Store window posters and street car ‘signs aided Sumuit post of the Amer- jican Legion at Akr O., during a BOY STUDENT SUICIDE.* Le Méns, France. ‘1ne 25—Raoul chine 14, learncd when school closed that he hadn't |. He drowned himself in the Sarthe river. | i | | \ * Almost a dozen novels and scores of short stories which have been pub- lished in a book form, have been write ten by Miss Gale in her Portage ham2. After graduation from the University of Wisconsin in 1895, she worked on staffs of Milwaukee papers, and final- ly went to Nev York,*where she be- came a contributor to newspapers and mazagines, Her first book, “Romance Island.” was published in 1896, and since then many volumes have been issued.’ Miss Gale has recently attempted a whange in her method of writing. “In this new story,” she said, “T have used the characters without sentimentality and without propa- ganda, In the elder style of writing, I believe that writers have ‘allowed too> much. of sentiment and propa- ganda in the use of characters. This story attempts to- eliminate ‘that fault.” |S SUPREME COURT From McLean County O: H. Lumry, Plaintiff and Respond- ent, vs. Andrew Kryzmarzick, De- fendant and Appellant. Syllabus: In an action to recover the purchase price of a second hand tractor plowing outfit alleged. to have been sold and delivered to the de- fendant, where the evidente was con- flicting as to the place where deliv- ery: was to be made—whether upon plaintifi’s farm where the tractor. was situated when the contract was made or upon the defendant's farm some 25 or 30 miles distant—but where there was no dispute as to the obligation assumed by the seller to put the out- fit in fair working condition for plow- ing; and where the evidence showed that the engine had never been put in fair working condition, “it is held: (1) Delivery, in the -sense of change of physical. possession from the seller to the buyer, whileya strong indication that the parties. intend: to pass title, is not conclusive :of an intention to transfer title immedi- ately. (2) (Where, after delivery to the purchaser in the circumstances dis- HE’S PAYING $300 FOR THIS KISS! Sigrid Holmquist, Swedish movie star, ‘sold this kiss to Frank C. Henderson for- $300. ~Then she gave the sum-to the Italian Milk Fand for closed in the evidence,-work of a sub- stantial character remained to be} done by the seller to put the property in a condition in which it would be of some use to the purchaser, it is a fair inference that the parties did not intend that title should pass un- til fis work was done. (3) “Where title has not passed under a contract for the sale of spe- cific propefty, and where the seller has been guilty of of a substantial breach of the contract, the purchaser miay defend an action for the price | notwithstanding his prior failure to effect a. rescission of the contract. Appeal from the district court of McLean county, Nuessle, J. Reversed and Remanded. Opinion of the Court by Birdzell, | J. Grace, J,, concurs in the result. J.'A. ‘Hyland, Bismarck, and R. L. ‘Fraser, Garrison, attorneys for de- fendant and appellant. J. E. Nelson, Garrison, attorney for plaintiff and respondent. From Ramsey County }Orlin L. Burdick, Plaintiff-Appellant, vs. Farmers Mercantile Company, a corporation, et al, Defendants-Re- | spondents. t Sylabus: 1° The doctrine of caveat emptor TRIBUNE W. WANTS—FOR RESULTS which Mis, Henderson gave-a garden party at her Long Island home, appHes:to the assignee aa purchaser at an execution, gale. 2. The Supreme Court may take judicial notice. of its determinations | alleged in @ complaint, 3. In the abyence of an’ express | warranty or fratd the assignee of a | sheriff’s certificate upon execution sale of real property is not liable for the failure or partial failure of title there- >| after resulting, Action in Diathtet Court, Ramsey ‘county, Burr Judge. From an order | sustaining a demurrer to the com- | plaint, the plaintif? tas appealed. Affirmed. Opinion of the Court by Bronson, Judge. Robinson, Oh, J., concurs spe- cially: Grace, J,, concurs in the re sult. . Sefumgaard & Conant, Devils Lake, N. D., attorneys for Appellant. Clyde Daffy, Mtnnewaukan, N. D., Attorney for Respondents, . W. Butts, Prose. From Stark County, | Josepr Wilhelm, Plaintiff. and Ap- Pellant, vs. John Bang, Sher- iff of Dunn-County, North ‘Dakota, te Bonding Fund, Surety, hts and Respondents.” Where, & judgment was entered against @ sheriff in averce- ment proceedings and where the trial judge, at ‘the time ‘of ordering Sudg- ment, directef‘a ‘stay of execution | for 30 days within which time defend- ant might move to vacate, and during the pendency of the motion ‘the exe- cution,‘ which had been lost’ and the failure to return which constituted the basis for ‘the amercement judgment, was found in the custody of the clerk of the district’ court among excess files kept in & btorage vault with a return endorsed thereon by the sher- iff, it 1s held suffltiept facts appeared to constitute @ Drinia facie defense emusic fo: the samércement: proceediags and that the action of the trial court in granting the motion to vacate the oe, was not an abuse of discre- tion, ‘ Appeil from district court of Stark county, Thos. Pugh, J. Attirmed. Qpinion of the Court by Birdzell, J. Robinson, Ch. J,, concurs specially. _ ‘Halpern & Rigler, ‘Hebron, attor- neys for plaintiff and appellant. Tobias D, Casey, Dickinson, attor- ney for respondents. MAKE 2-CENT - CUT IN GASOLINE Fargo, June 25.—The North Dakoti branch of the Standard Oil. company annoufced a 2-cent. cut in the price of gasoline. HUG DELAYS SERVICES. Ayr, England, June 25.—While a pastor was delivering the benediction @ woman rushed into the pulpit and embraced him affectionately, explain- ing that she wished to confss her ‘sins. A church officer entered to re- move her and was in tyrn fondly em- braced. woman Was finally re- moved to, an Institution for the in- sane. TRIBUNE WANTS—FOR RESULTS . J _ SATURDAY, JUNE 25, 1921.’ for the vaudeville offering of. three Marcus Lowe Acts from Minneapolis. “McConnell and Austin” are an excep- tionally good bicycle act doing many. New and novel stunts, while Harry Sykes gets lots of laughs with a num- ber of new gags and clever topical songs. The Three McKenna Sisters who finish the show is a classy girl act. Mack Sennett’s clever comedy featuring Charlie Chaplin, Mable Nor- mand, Marie Dessler, Chester Coriklin and Mack Swain is a perfect whirl- wind of laugh provoking scenes. As an additional feature Oharles Hutchinson is seen in some hair raising stunts in the feature the “Double Adventure.” TOO LATE TO CLASSIFY WANTED—Experienced meld for gen- eral housework. Mrs. ‘W. Me: Gray. Phone 746, Call sis on St. 6-25-tt FOR RENT by July 1, a furnished front bedroom in modern house. 418 jth St. Phone 844-J. 6-25-1t River Stage. The Missouri river showed a slight ‘recession today, after’ rising steadily for several days. Some water was on The Time-Saver The Dollar-Saver Who are the . i City Cleaners and Dyers See opening announcement soon. enum s Minutes, money and motion are running a race to- see which i is ‘the most valuable. Mr. Common People, multiplied by many millions, is on the lookout for ways to save all three. Read the advertising columns of your daily news- ucts—worthy goods—up Here are the country’s advertised prod- for inspection. You may depend upon them as good goods; for, if. they didn't “pass mus' to enjoy popularity. ” they would not continué The public would not buy them arid the newspapers would not take their advertising, even if they had the money to spend for wore i i ‘ Choosing Merchandise through newspaper ad- vertising is buying reduced ll an efficiency basis. When you ‘go to your merchant or ’phone for goods to be delivered there need be no delay or indecision as in; the olden days. You buy with your mind made up‘as to the worth of goods that face the spotlight of public scrutiny and are not found faulty. MPD? AD Qo? a pe Sc RATE “$8.00 MONTHLY meme ee Mea mt mam AE ee cme es ee ie feat rer ma SEE ERE Ee ma se a meen clam SENTRA Sennett ermerimant tetmnt ee-tmemmemn ih i imam mma bam Ar towlands' on the Mariam ‘side of the ‘ 4 river oppostte the Indian school. , sptese up or down the river is re- No ae “~