The Bismarck Tribune Newspaper, October 15, 1921, Page 8

PAGE EIGHT TRIBUNE SUIT 1S DISMISSED Chicago Judge Upholds News- paper’s Right to Criticize City Oct. 15.—Judge Chicago, Harry Fisher today sustained the demurrer of the Chicago Tribune to the $10,- 000,000 libel suit ‘brought by the city of Chicago. ‘He declared the city had no cause for action and denied it the right to amend its petition. i The suit brought identical suits against the Tribune and Daily News claiming the paper had_ printed false statements regarding Chicago's financial standing and thereby in- jured the city’s credit. Judge Fisher declared the portions of the English common law and ‘statutes which restricted the liberty of the press had not been inherited ‘by this c “This harmony with the geniu: objects of our institutions. The decision was of far-reaching importance to newspapers as the suit was the first on record in which a municipality sought to restrict the right to criticise its corporate acts. W’ADOO FORCES BACK WOOLLEY Fights to Make Former Inter- state Commerce Commission- er National Chairman try. tion,” he said, “is not in pirit and (By ‘Harry ‘Hunt) Washington, Oct. 15—McAdoo-for- president-in-1924 forces in the Demo- cratic party. are expected to try to make Robert W. Wenlley national chairman at the meeting of the Demo- cratic National Committee scheduled to open in St. Louis ‘Nov. 1. This means that they will try to oust George ‘White, the present chair- man and close friend of James M. Cox, who was defeated for president by Warren G, Harding. Woolley was director of publicity for the Democratic National Commit- tec in 1916. iLater he served as direct- or of the mint and interstate com- merce commissioner under the Avilsca administration. Many high, Democrats : favor. Me- Adoo's candidacy in 1924, it is defi- nitely known, These include some for- mer members of tho Wilson. cabinet. ‘she ‘ght, if it comes, will be only a continuation of a tilt that has flared up intermittently ever since White be- came chairman, Selected by Cox When Cox was,askel to pick a chairman for the committee last fall he selected White from.a Jong list of aspirants. The opinion -prevajled that White didn’t want the job and that he'd re- sign as soon as the election was over, but White stuck and to the present he’s given ri) indication that he in- tends to resign. Acting on the assumption that ‘White would resign, some elements bezan to boom Woolley for the chair- manship at a meeting of the executive committee here right after: the elec- tion. A tilt of considerable intensity developed. .,, But the meeting ended in a vote of confidence being given to White. Fight Carried On Since that time the Woolley sup- Porters have been waging their fight quietly, it is reported, and marshaling forces for a smash at the November meeting. ‘Some say Woolley can’t become chairman becatise ho isn’t a member of the Democratic National Commit- tee. But neither was White when he was appointed. An Ohio member of the committee gracefully resigned and . White was put in his place, thus mak- ine shina eligible. ’ ilay,,maneuvers could “be em- ‘Woolley's bet & behalf. DBER SEAS SEASON OPENS NOV. 24 Stecle, N. D., Oct. 15.—Confusion concerning ‘the open dates. for deer shunting; js Norh Dakota/ has ‘caused George ‘M: Hogue, secretary of the North Dakota Game and Fish Commis- sicn to make a very:definite statement of dates and conditions. ‘Bucks, only, may be shot November 21 to 30, in- clusive. The first day of deer hunting is November 21. The final day of deer hunting in North Dakota is November GERMANY’S NEW AUTO SHOW Two remarkable models displayed at the new German auto show. Above, an 18-cylinder Adler racing type, with Willie Kellner, the demon. driver; at the wheel. Below, a new Rumpler, patterned after a falling raindrop, ‘the perfect streamline form. Rounded in front, it runs to a pomt in the rear. So little air resistence is encountered that a mctor of only 9HP made 75 miles an hour in a recent test in Berlin. Tower City, N. D., Oct. 15—The} death recently in Los Angeles, Cal., of iM..H. Kiff, has removed one of the pioneer residents of this community. ‘He was one of the leaders in the fight for the establishment of prohibition in North Dakota. Of him the Tower City Topic says: “M.-H, Kiff was known to all the old timers of this community and will be remembered as a state leader in pro- hibition. North Dakota is recognized as the original prohibition state, and Tower City the birthplace of state, prohibition which developed into’ the national act. Mr. Kiif was an ardent worker in the cause against rum. and its results,.and he lived to see the hopes of 40 years ago come into be- ing. In those-days the small band of men and women in this state who talk- ed and who saw the present day, were scoffed at for liquor had such a hold upon the people that few thought America would ever back that. band of men and women in their fight against rum, “Mr, Kiff was born in Belmont, Me., June 1, 1839, and sefved in the: Civil war as a member of the navy of the Wnion. On the sixth day of April, 1862, he was united in marriage to IMBCOURT | —_——_——____—__+ FROM MORTON COUNTY. Mandan \News, a‘ corporation, Plain- tiff and Appellant. vs. H. L.Henke, as President'of the Board of City Com- missioners, and W, H. Seitz, as City Auditor of the City of Mandan, N, Py Defendants and Respondents. 4 Syllabus: (2) © Plaintiff brought an action: of Mandamus to compel defendants to is- sue to it certain warrants drawn on the General Funds of the City of Man- dan, they having theretofore declined to issue such warants, but offered to issue warrants drawn on the Special TRAVELS ALONE 30th, Females may not be shot at any time and each hunter is allowed to kill but one buck in the open season. Deer hunters must wear a coat and hat of dark blue or black material and resident huntes are requested to have only a resident license. Mr. Hogue cals the attention of hunters of the state that the laws governing hunt- ing and shooting ef deer can be found on page 82 of the North Dakota Game and Fish Laws, Section 10298, ’ IF YOU ARE | WELL BRED You will cut the meat which you have on your plate, as you wish to eat it instead- of cutting several Pieces at a time. You will Sutter bread as you wish to eat it, instead of buttering a large Piece at one time. You will dry your lips with your napkin before drinking, thus keeping the glassware looking well during the meal. Expert Accountants. Busi- ness Service Co., First floor, Dorothea Jarzoubeck. seven-year- old Polish girl, travels alone from Poland to Chicago, Ill., to join her PIONEER WORKER IN TEMPERANCE — BATTLE IN STATE DIES IN WEST Mercy A. Delano, to which union five children were born: Nettie E., Fenno B., Susie E., William L., and Herbert W. Of the five children but two sur- vive their respected father, Mrs. Net- tie E. Moore of Lisbon, and Herbert W. ‘Kiff of Missoula,” Mont, Mr. Kiff's first wife passed to the great be- yond on the 11th day of July, 1911, and is resting the eternal slee> in the local city of the dead. “In the year 1831 Mr. Kiff’ moved to Tower City.from Lisbon and open- ed a general store here, and many of the oldtimers still call it Kiff's store, the location being the present Wells business block. \Nine years ago, his advancing age and the coldness of our northern winters became too ‘hard for him, and he removed to California. There ho had since resided., On the sixth day of November, 1914, he. was |* united in marriage to Mrs, Dina BE: Simpson of Los Angeles, who. was a very helpful and dear helpmate to him through the last years of-his life and who today mourns: his loss. For the last fow years he was an invalid and the closing of the book of: life of Mr. Kiff came as.a reliefifor he was ready to take the journey .of eternity gladly and with the, true spirit ofa Christian to carry on.” the proper one against which the war- rants should be drawn. The Court declined. to issue the |. ‘Writ of Mandamus and for reasons) stated in the opinion, it is held, ite’ refusal to do so is no error. (2) The Court did not err in grant- ing judgment in favor of defendants. Appeal from a judgment of the Dis- THE BISMARCK TRIBUNE Street Lighting Fund, claiming that} HIGHTOWER IS FOUND GUILTY Itinerant’;Baker Is Held Guilty ‘of Killing Priest Redwood City, Cal, Oct. .15.— William A. Hightower, itinerant bak- er, was declared guilty by a jury yes- terday of first degree murder in con- nection with the death of lather Patrick: E. Heslin, a Colma, Cal., Catholic priest; (The jury recom- mended life imprigdnmeat. A motion for an appeal will be filed Saturday at which time it is expected sentence will ‘be pronounced. High- tower took ‘hig conviction caimly. ‘The jury was out less than two hours. Father Heslin accompanied a muf- fled stranger ‘the,night of August 2 ‘trom: the ‘parish, house at Colma, tak- ing with ‘him the sacrament to ad- minister to ‘a supposedly dying man. The next day a letter demanding $6,500 ransom ‘was received at St. Mary’s cathedral in San Francisco, and on. August 10 Hightower appear- ed at Bishop. Edward J. Hanna’s resi- dence in nh Francisco asking for the: $8,000 reward offered for the re- covery of Father Heslin, alive or dead, saying he had a clue. to the mileeing priest's whereabouts, He led a party - of policemen and nhewspapermen fy) a sandy cliff at Sa- lada_ Beach, “six miles from Colma, where the priegt’s body, with the head crushed In and two bullet holes in the body was’ found:in a shallow grave. / GIRL, 10; FOUND DRUNK; PROBE IS NOW UNDER WAY Minot, N: Dy: Oct. 15.—Investigation is being carried: on by school ofticials and. authorities into the finding of a 40-year-old, gifl drunk in a coulee a short distance: from the city limits ‘Sunday. The girl, whose name.is withheld, was found by a party of women, lying in a coulee Sunday, thinly dressed and lying on her,face. She had bean in.that positon for “about three hours, it is said, and\was'in.a complete: stupor, caused from drinking whisky. or some other intoxicant:. Her condition was serious, and police rushed her to the hospital, where artificial respiration was used to revive her. According tothe story that duthor- , ities have picked up so far in their | investigation, the girl was one of a! party of two girls.and three boys, who! t had. gone out Sunday afternoon. . It is claimed: that ‘one of the boys had’ fone liquor, ahd :persuaded the girls | to. take seme, -The girls were soon overconie,: but the other two managed | to get home. The ages of all the boys | and girle;range hetween, 10 and 14/ years. | ‘Members the ‘party were being; questioned: today, in an effort to. shed | further light on. the matter,’ as to where the stuff: that was drunk was! secured.’ | GOL: ULE na pera CITY Renton, mae Mich., This. Mi! ‘apres City of, “nearly 15,000; ‘inhabitants, having a commtasion ora e spirit and prin- cine. fied ae Ten Commandments. , chaananne one-time newspaper edi. tor_and publisher, says any city may be, operated under; the ‘en Command. ments. , Ata recent. meeting of the Michi- trict Court of Morton County, H. L. ee Methodist. Episcopal conference Berry, J. Judgment Affirmed. Opinion of \the Court by Grace, Ch. J. Christianson, J. concurring. Bron- son, J., concurs in result. ‘Charles L. Crum and T. J. Krause, Mandan, N. D., Attorney for Plain- tiff and Appellant. L. H. Connolly, Mandan, N. 'D., At- torney for Defendants and Respond- ents. LEARN of the Vale of Paradise—- where dream: come trie, Thig won- der city is having a magic.growth, and a million dollars in municipal im- provements are authorized for this year, Every kind of business opening here. We have seventeen miles of protected water front, with, gorgeous: ly beautiful home sites. Wonderful homes. ~ -Wonderful . -yelvety - lawns, Wonderful flowers. in» semi-tropical profusion. Fishing supreme.. * Every day you. can catch the dig fellows un- til your back aches and your hands blister. Paradise for motor boats, with hundreds of miles of protected water- ways with wonder spots to visit. Fin- est motoring roads in the. south. Bathing in bay, and gulf wonderful. Healthiest city in America, with no business. for doctors. Greatest golf course in America under construction. Coolest place sin: America in summer, delightful.in winter. You may own a beautiful home here, wiih a perpetual income, .at practically no investment. Grasp the opportuni ft a lifetme Address “THE “MAYOR,..Valparaigo. Fla, ‘ AQv. Multigraphing, / Addressing, Mailing, Mailing Lists. Business Service Co.,.First floor, Hoskins Block, Phone 662... The invisible with merits neat — istrong—durable. Snubs the rebound —pbrevents sidesway.: More! valuable —Costs fegs. ‘Agents Wanted. DEFENDER SALES CO. 414 So. 6th St. Minneapolis. Hoskins Block. Phone 662 parents, ) here Mayor Klock welcomed the dele-| gates and was quoted as having said! he. was “going -to run Benton Uar-| bor on the basis of the Ten Com- mandments.” “I cannot, see anything revolution: | Our aplendid:* ‘facilities, men AUTO ELECTRICIANS warrant our ‘assertion that. we can give equip- and. thoroughly competent | law: impartially. prompt,: dependable. service for EVERY type and style of ignition ‘used on automobiles, trucks and rs. ignition means a smooth running, powerful . motor — we'll make» YOUR car’s system work PERFECTLY. c Service & Tire Co. 215 Main Street |The Open Shop Our shop is oven to the public]: at all times. We aim to-please. If your} car is in need of repairs bring |) it in and give us.a trial. If you} are so unfortunate as not tof own a car, come in anyway— |; maybe we can sell’ you one. 0. XK. GARAGE Opposite G. P. Hotel. Car Entrance by Postoffice. Phone 961. ary: in ‘the statement tial @ city, is tol be governed by the commandments,” Mayor Klock said... “Every one of the ‘shall nots’ of the Mosivc tablets are| ‘written a3 the foundation of the law of every. civilized: land, .'The law, giv-| en on the mountain ‘of Sinai applied with equal -force to ituses) and\.the! humblest:person who wandered in the/ wilderness: <It is hard to convict: i man with a. ‘pull’ and: what I mean by operating.a city on ‘the’ basis: oi, Ten Commandments is tc enforce the “In Benton Harbor, as in other:clt- fes, there have been persons eo hign; 8 to be above the law, others so low as to be beneath the law. Willard Batteries Sometimes, when we get | started on the Willard Threaded Rubber Battery, we get. over- enthusiastic. Can you blame us? The one thing that excuses us is that Threaded Rubber Battery users are just as enthusiastic as | we are. You'lineed abatterysomeday. | Don’t forget Willard Threaded | Rubber! | Willard Service - Station 408 Broadway ‘Willard Batteries JOHN BORTELL | ‘Auto Radiator and Shect. Work BISMARCK, N. D. RADIATORS FOR AUTOS, * TRUCKS AND TRACTORS Repaired, Rebuilt, Recored and Cleaned out by up to date process, which has no equal ; We are agents for: ” Cores'and te Fmens “8.74 Radiators Ita the. “My car is not running satisfactorily, and I haven’t found a shop that has been able to locate the trouble. I came to you five years ago. after trying other shops without success, and Mr. Whittey located and remedied the trouble immediately. - With five years’ more experience he certainly can do as well now, and I decided this was the place to come with serious trouble.” ‘ This automobile owner was from out of town. We can give you his name; and he is only one of many who have learned that our . ability to serve is unequalled. There isn’t a mechanic in our shop who hasn’t had years of experi- " ence, and not one who hasn’t been with us from.three toeight years. If you are not taking advantage of our exceptional facilities at ordinary prices, we: both are losers. You will like our CENTRALLY LOCATED, warm, fireproof stor- age. Open day and night. universal custom for many law vio- lators when: arrested, or fearing ar- Test, to enlist thé good offices of some: one in power. In ‘this city ‘there is now ‘no power ‘to which such appeals can be successfully made.” | Mayor Klock was elected mayor. during the past summer when the city voted. to adopt the commission-mana- ger form of government. Mr. Klock is proininent in church circles here. 23 ¥, for ES, Sir; only $23:50°. for a_ brand-new, first-quality Prest-O- Lite Battery, full of zip and zing, and born to live long. Prest-O-Lite’s second reduction in less than a year! And the battery is better, too. 300 Broadway. fyterata| 200 Broadway: SERVICE Pull up where you see this sign. Other Prest-O- Lites ie correct size every make of car. STORAGE You can not afford to let y can put it into'a warm steam rates. Opposite G. Phone 951. BOY, 13, KILLED ‘TRADE-IN PRICE on this genuine. Prest-O-Lite Battery Our space is fast filling up. Better reserve your space Rates $6.00 per month. Dead storage $3.00 and $4.00. Try us over night at our daily rate of 35c. until midnight. We have the best location in town. O. K. GARAGE SATURDAY, OCTOBER 15, 21 N BY BATTED BALL Linton, Ind.; Oct. 15.—John. Sloan, 13, is dead ag a result ct being struck by ‘a ‘baseball foul off his own bat. The ball struck the youin on the heal and killed ‘him jinstantly during a school game. Yours! : Here's a dandy bat- ‘tery for Fords, certain models. of . Chevrolet, Overland, Buick and 27 other cars and trucks. Come get yours. It means $12.40 - saving over Prest-O-Lite’s 1920 price! Drive around. G. & W. BATTERY CO. Distributors Bismarck, N. D. Prost Ofte — START Right with Prest-Ofute! Now our car stand out when you heated garage at the above Open P. Hotel. Car entrance by Postoffice. How best invest forty dollar