The Bismarck Tribune Newspaper, September 30, 1921, Page 2

CONCILIATORS ARE APPOINTED docket of the ‘District Court and \ TINDER NEW LAW and effect of a judgment of the said Judge’ Nuessle Names Burleigh; County Men to Carry Out Provisions of Statute WHAT THE LAW PROVIDES Members of boards of conciliators for Burleigh county, created under tbe act of the 1921 legislature, have been named by Judge ‘Nuessle. as follows: 1, C. Davies, ex-officio chairman; Jo-| seph Warmke, Wilton; J. H. Riley, | good faith by the moving party to ef- Sterling; William L. Watson, McKen- zie; John Fort, ‘Bismarck; B, F. Flan- | ° nagan, Bismarck; P. C. Evans, Regan; 0. Krogan, Driscoll; P. E. 8trande- | me, Baldwin; H. C. Edgerton, Wing. | The.law applies only to civil suits/ involving less than $200, providing that “no process shall be issued in commencement of a civil suit by any justice of the peace or by any other trial court unless the moving party shall filo in court a certificate of a conciliator showing that an attempt has been made to effect a settlement Gf the claim and that such attempt has failed; but the foregoing action) shall not apply to actions known as | provisional or remedial remedies, ac- tions involving title to or possession of real estate and suits involving over; $200. Provided, however, that any district aourt judge in chambers may in a particular instance, on a proper showing, direct the issuance of any such process in any trial court with- out recourse to conciliation proceed- ings.” The ‘law provided conciliation boards should be established in each | qounty, within ninoty days after the | taking effect of the law, which became | effective July 1, and each board shall consist of such number of conciliators as the district judge of such eounty: shall determine, The judge has the power to increase the number and to remove conciliators at pleasure, but at no time shall there be less than six members nor more than twelve mem- bers on any such board. The county Judge shall be ex-officio member pf the board for his county. A member of the bar is eligible for appointment, but shall not appear in any subsequent proceedings on behalf of either party to any controversy submitted to him as conciliator. To Pay Fees The moving party to any contro- versy shall pay the conciliator a sum- mons fee of 25 cents in cases invol- ving a sum of over ten dollars. I every case where conciliation is effect- ed the acting conciliator shall be en- titled to receive for his services the sum of one dollar where the amount of. the controversy is ten dollars or less, and two dollars where the amount is over ten dollars and less than one. hundred dollars, and two per centum of the anyount involved where the amount is over one hundred dol- lars; said amount to -be assessed against either party, or part against each, at: the discretion of the concilla- tor. Provided: that when two or more } conciljators participate in a hearing | a like fee shall be paid to each of them. Conciliators shall enter on. their duties within ten days from the date of their appointment and take the oath of office. The district judge is chairman ex-officio of ‘the board of | each qounty of his district, shall call | such meetings of the board ag ho shall deem proper and instruct conciliators in their duties and may request concil- jator to make report in writing of his official acts. INo process shall be issued in com- mencement of a civil suit by any jus- | tice of the peace jor by any other trial | court unless the moving party shall | file in court a certificate of a concilia- tor showing that an attempt has been made to effect a settlement of the claim and that such attempt has fail- ed; but the foregoing shall not apply to actions known 4s pnovisional’ or remedial remedies, actions involving title to of possession of real estate and suits involving over $200. | Must See Conciliators « ‘Any person with a civil claim be- | fore commencing suit, shall request ; one of the conciliators for the county | in which\ho resides or in which the} person complaining resides, to act as] conciliator. Thereupon such conciliator if aualt-| fied and able to act, shall summon by | letter or telephone or personally the party complained of to appear before| him at a certain t\me. Upon the hour | set for such conciliation hearing, if} the parties are present, it shall be the! duty of the oonciliator to hear the parties and their, witnesses and to en- | deavor to effect an amicable. settle- | deavor of the controversy agreeable to! law and equity. Conciliators may in} their discretion, administer oaths ard | require statements under oath, They! shall make no record of the evidence | adduced, and no parts of the proceed: | ings shall be admitted as evidence, or! considered at the trial of the case, and.no conciliator shall be competent | as a witness in respect thereto in any subsequent proceeding. ‘Change of Venue—At the time ot | the first hearing and before proof has been submitted by any party, the par- | ties may by mutual agreement elect | to submit their contnoversy to anoth- | er conciliator than the one first select: | ed; gnd.in such case the first concilia- | tor shall dismiss the proceedings and | make.no record of report thereof. ‘Continuances. — Conciliators shall | have power to continue.their hearings \" from time to time to meet the con- | venience of the parties, Conciliators may sit together: —Con- | ciliators shall have power to request | the assistance of other conciliators of | their county in any conciliation pro-j| ceeding, and in case two or more con- | ciliators of®ciate in respect to any | ~ controversy any one of them may cer- Not Obliged to Serve | | tify the proceedings on behalf of all. | ‘Conciliators not obliged to serve.— | i ‘No conciliator is obliged to act in any given controversy, .and shall not act | if he has any interest in the contro- versy or is a member of the imme- diate family of either of the parties, unless consent is given. In case no conciliator convenient to the moving party is obtainab!: th®n the county judge of that county shall act as con- ciliator. :Conciliator’s report.—In every case jn which a conciliator shall serve he fupon, and subject to the lawful or- ‘appear shall authorize a representa- hall forthwith, certify to the District Gourt for his county the torms of the agreement, if any be effected. The re- port shall describe the claimant's de- mand and embody the terms if set- tlement bearing the signatures of the parties. It shall be entered upon the thence forth shall have the full force court, but shall be subject to any }terms concerning its satisfaction which the parties shall have agreed ders of the judge for such District | Court. Failure t agree.—In case the party complained of shall fail to appear at the conciliation hearing or for any other, reason there shall be no settle- ment of the controversy by agreement of the parties, then the conciliator shall give to. either or both parties, upon request, his certificate to the ef- fect that an attempt has been made in fect a settlement of the controversy, which. shall ke concisely “described and that the attempt has failed, The parties to all conciliation’ pro- ‘ceedings shall’ appear in person, ex- cept that: for good cause shown the conciliator' may. permit a party to be represented by another person, not a member of the bar. In order to be so represented the party unable. to tive to appear and act for him, in af- fecting a settloment of the contro- versy, by agreement or by arbitration, if the representatives shall so elect, and shall be bound by the acts of his representative the same as if he were present in person. When both. parties agree in writing {to submit their controversy to-a con- ciliator, as arbitrator, the conciliator sh Chal eocaive the evidence and within | New York authorities hgve started inguiry into the death of five days,make. his awards, which Crosby, beautiful motion picture centinuity writer. Miss. Crosby’s death was shall be filed in the district court for |caused. by poison, at first believed to have been taken accidentally. that county, and be entered upon the | 1:4 there j docket as a judgment by award and | shall have the.full force and effect of |Police have been told that there was a par a judgment of such court. before her death and are searching for lette’ reason to believe the young woman’s death was not accidental. t’ Miss Crosby’s studio shortly aid to have a bearing on ihe case, marck PRESBYTERY TO: MEET IN WILTON, have’ purchased a home. Mr. Peter- resbytery of the Presbyterian | }but the members of his family are church will be held in. Wilton Monday ; motoring to the twin cities this week, and Tuesday, October 1) and-11. ° : We Lignite Coal company and, is Jeaving| in-their school work. . The *Peterson this week for Minneapolis, where they | family has been residents of this sec- tion for many years and their re- | spn expects to remain here for a week} moval is a source of re. gret to thei> =| order that the children may start | sow SS ate in Defl- | nite plans for the program have as! yet not been formed. but the first ses- ' sion will probably be held ‘Monday | evening, with a popular meeting, at: which time various members .of the Presbytery will speak. ly elected pastor will also be received as a member ‘of Bismarck Presby-' tory and his installation will pret \ be held at this meeting. sessions will occupy the attention of Presbytery all day Tuesday. +, Representatives from Bismarck,’ Mandan, Steeie, 3.1 field, New Salem, Coleharbor and number of otter, points west of th Missouri river. Engineers to Meet Members of the Bismarck-Mandan club of the American ‘Association of | Engineers will hold September mgetne Friday night, Sen-| tember-30, at 7:3) The engi Annex Cafe where a supper is sched- | uled to be followed by adjournment to | a business session for ihe election o 0 p. m, 's will officers, reorganization discussion of future activities of hoth the club and state chapter. \Notices of the meoting have been. issued to all A, A. E.’s within the | club’s jurisdiction which includes the (@ southwestern quarter ef the state and | a large attendance js expected Nat this ft adel mec: LEAVES WILTON Wilton, N. D., Sept. tin sale of C.- J, -Peterson, ‘held Mon- day,*was largely attended and.moét of the property sold went for good prices. Mr. ‘Peterson recently disposed of his farm of 640 acres to The Washburn will be , present Wilton’s new: : Busines: | Never say‘‘Aspirin without saying “Bayer: | Warning! Unless you see the name | Neuralgia, © Rheama | “Bayer” on package or on tablets you | Toothache, Lumbazo au ‘are not getting genuine Aspirin pre-| druggists sell¢Bayer abl et | seribe] by physicians for twenty-ene| pirin in Nandy tin boxes of | tyears and proved safe by milljons.| bottles of 24 and 10) Take Aspirin only as told in the| trade mark of Bay. ‘Bayer package for Colds, ‘Headache, | Mjanoaceticacidester of Salic: their regular; gather at the of the club, | t 20—The auc- “We Thank You” HEAD LETTUCE CELERY . : SQUASH CARROTS SWEET POTATOES TOMATOES NEW CANNED PUMPKIN Just arrived ~ NATIONAL WEEK \ Was sure a big success here. We have a limited lot of good plain cookies today at + per Ib. Last Delivery Saturday 4:30 p. m Other weekdays - 4:00 p..m CRANBERRIES: CABBAGE ~ Out tomorro ew Victor Records October 1921 Mine Lacie Bor the Palm Dance—No. 17 in F Sharp Minor ale and the Rose faba Ja tua finestra. (Open Thy Lattice Window) Mother Goose Songs. (Sidney Homer) The Want of You Faust—Waltz (irom New Fantasie) Finlandia Spoptions cen) Gollowogy 3 Cal Re dita elie “L’ Arlesienne’’ Suite No. 2) There's Sunlight in Your El Relicatio (The Charm) Where the Lazy Mississippi Flows ‘Pale Moon Spring's ch ptetacr mnt (Waltz Song) ightingale Fantasie inprommte § in C Sharp Minor Harp Harp. A Baby in Love —Fox Trot mann The Last Walts—Medley Waltz Ina Boat—Fox Trot Violin Violin *Piano ae fies (Oh, What Promise of a Joy Divine !) ‘Lacy label ‘All Star Trio and Fubie Blake and His Shuffle Along Eubie Blake and His Shuffle Along 0 ‘poet Beniamino begin Mrie. Louise Homer Edward Johnson Erika Morini ’Philadelphia Orchestra Sergei | Rachmaninoff : > Titta Ruffo Arturo Toscanini and La ‘Scala Orchestra Reinald Werrenrath Renato Zanelli "Olive Ktine-Elsic Baker isabelle Marsh belle Marsh Lucy jeabere Marsh “Alberto Salvi Number Size Price Braslau Rocha Elman ‘Shinne nr >" Peetlérs Quartet Cal Stewart my Moray spl Ame caer sd roe iver * William Ro! In the hori of Dear Old Sweet Hawaiian Girl pee pee Back My Bluhine Rose—Medley Fox Trot ar a tay a Monastery Romance / : 18797 35710 SS VICTOR TALKING MACHINE COMPANY ror o ReekReeeeaee 83 S8s8 65 Close at 8p.m. — All Phones 211 118 8rd Street.: E. A. BROWN Saturday Specials Malaga Grapes, 4 baskets to‘crate. Spe- } cial price per crate...... .. $175 Fancy Sweet Potatoes, 3 pounds-for. . 25 White Lily Soap, small size. Special 22 bars for ....... ... 1.00 | Ferndell Coffee, our best grade. Special per pound . es ee ae 50 ‘A-one Bulk Coffee. Special per pound 25 | Pure High Test Sweet Cream \ Owing to. the fact, that we have an over supply of 4€hoice Corn Fed Steers, dnd no demand in the Hastern Market for shipping them, we are forced to sell this choice lot of Corn Fed Steers here. We are not going to offer you cheap cuts of Beef; but .we are going to offer you the choicest cuts at the | following prices: | CHOICE CUTS Rourid Steak, perlb............... Sirloin Steak, per lb.. Porter House Steak, per lb..:... T. B. Steak, per lb.....¢...... Prime Rib Roast of Beef, per Ib. Renee ALS Fancy Fresh Killed Spring Chickens and Fowl at very low prices. Dohn’s Choice Home Made Sausages. Frankfurters, per Ib........% ....20¢ Weiners, per lb.. Bologna, per lb....... i) Minced Ham, per lb.... if Liver Sauage, per Ib.. Head Cheese, per lb... }°"s, DOHN’S _ | Sanitary.and Exclusive Meat Market ~ FRIDAY, SEPTEMBER 30, ’21,