The Bismarck Tribune Newspaper, January 23, 1922, Page 6

i, AGE SIX HAIL INSURANCE WARRANTS HELD NON-NEGOTIABLE Supreme Court Interprets the Law in Two Phases in Case Before It ARE IN - PRORATABLE Total of Something Over $3,500,- 0C0'ef Warrants Are Is- sued for 1921 Hail insurance warrants are as- signable but nct negotiable, the North Dakota supreme court has decided in a certified from the Burleign county district court. They are pay- uble in full when ‘called by the state treasurer and may not be pro- rated because of the insufficiency of the fund. The decision gives to the hail warrarts about the same stand- ing cther Warrants of the state of North Dakota except that the source of the moneys for the payment. must come from the special Hail In- surance Fund, instead of moneys ap- propriated, The decision of the supreme court follows: “Kirst .National bank of Halstead Olsness, Commissioner, of Insur- ce, Poindexter, tate auditor. In a mandamus proceeding entitled as above and pending in the district court of Burleigh county, the peti- certain hail losses, a negotiable or assignable in form, pay- able out of the hail insurance fund, without be.ng subject to pro-rating upon. the centinegncy of the“fund be- ing insufficient. It. was stipulated in the court below that the plaintiff's right depended upcn the answers to two questions. Firs@, are the hail warrants heretcfore issued in the fol-| lowing form negotiable or non-nego- tiable. Second, wher the warrant is issued in the above form i it, in case of the insufficiency of the fund designated, payable ratably cut cf the funds col- lected into the hail insurance fund for that. year cr i§ it payable when called to the amourt stated on its face with statutory interest? The trial judge ruled that the warrants, in the form set above. set forth, are non-negotiable and that they are} binding obligation of the state pay-| able in full dunot ratably. The above ¢ are certified to this . Held Non-Negotiable. ar that such warrants are payable only out of the hail in- surance fund, they are non-negotiable. They are nevertheless assignable as ‘ ordinary warrants for the payment of so recognized by the ns of Section 22, of Chapter 77, money and are express provis the Hail Insurance Act. Laws of 1921, We are of the op:nion that the war- rants are payable in full as they are called for payment by the state treas-, urer and are not subject to any sequent: conditions of repayment in ecase the fund should prove insufficieut to meet all claims. Section 6, of the act, providés for the levy of flat tax of three cents per acre each year for five years for the purpose of carry- ing out the act and creating a'surplus in the hail insurance fund-for the prompt payment of losses, and sec- tion 21 requires the state treasurer to call the warrants for payment to the amount of collections remitted to him by the various county treasurers during the preceding month, and the warrants are made due and payable on the call of the treasurer. This clear- ly means that they are payable in full when called ‘andinot subject to being pro-rated! i The Hability for payment is limitéd to the Hail Insurance Fund. QUICK RELIEF FROM .| listed in the office of the state treas-| however, and is not a general Jiabil- ity of the state.” i Total $3,500,000, rmers of North Dakota will have | $3,567,061.40 in 1921 hail warrants to offer for sale or to hold for final pay- ment by the state as their desires or their pocketbooks :may dictate. figures Auditor force in the state auditor's office had written the final warrants for Williams y and had. passed it on to the e offices. While some i - this is the sum total of the amount of warrants that were entered and pass- ed in regular order. The task. of caring for the hail war- rants in the office ct’ the auditor en- tailed the writin of 23,011 different rders. This indicates that the aver- age of all warrants written was $155.01 and a3 several large warrants were in the list, means that a compar: average have been written. year are not represented in the three and a half millions listed as the total of warrants for the amount of the indemnity tax has been deducted from each bit of paper represerting a loss. | instance, that their indemnity tax was $40,974 and their three cent flat tax} was $2,697.75 additional. G ‘By counties, Melntosh has the smallest total of losses with $6,- 870.88. Williams is at the other end of the list with the largest total of $365,569.99. These figures are not far from the preliminary figures issued two weeks ago by Martin Hagan, head of the hail insurance department. All the Warrants have completed their journey through the three offices of the staty house, auditors office, treasurers office and hail insurance department, with the exception of Williams county the warrants for this county being in the process of being urer. With the completion of the | mailing out of the warrants for Wile liams county the poten ey ing power of North Dakota far will be increased by the $3,567,061.40, | ‘Jess the three or two per cent it will cost the farmer for immediate cash. 50 COMMUNISTS — SHOTINRAID BY COSSACKS The! were given. out by Deputyi Ralph | Madland_ when the! additional warrants’ will be written, ; 1 atively large number of less than the | {have been listed and dates assigned. The total of the hail losses for the; brought a greater number of entries ‘tion of participating leads Secretary, Ransom county hag, figured out, for | Langtry to believe this year will be |” AMERICAN. BOWLING CONGRESS Tournament To Be Held In To- | ledo—1038 Teams Will Be Entered i | ese ale | Toledo, O., Jan., 23.—Approximately, ; 1,038 teams, representing 21 states ‘and Canada will be entered in ‘the ‘American Bowling Congress tourna- {ment to' be held’ hef2 during -the |month of March, A. L. Langtry of Milwaukee, secretary of the congress announced today, With the closing entry date but a j week away, more than 500 teams The: final’ week in past. seasons’ has than during the rentainder of the pre- tournament period. The number . of teams that have signified their inten- no exception to the rule and that the} attendance will set a new record. The new states are added this year to the list of A. B. C. entries. ‘I'hey are Alabama, Georgia and California. Two teams ‘will j{epresent Mpbile, Another two are coming. from At-} lanta, while San Franhisco will send, one. The total entries for the various states are placed by Secretary Lang- try. as follows: ' Ohio 400 teams, Illinois 150.teams; New York 75 teams; Indiana 75; Pen- nsylvania 60; Wisconsin 60; Missouri 20; Kentucky 15; Canada 15; Minne- sota 12; Iowa 10; West Virginia 5; Kansas and Nebraska 5; Colorado 23: Alabama 2; Georgia 2;'Florida 2; New Jersey 2; Connecticut 1; California 1. \ French people prefer the crayfish to the lobster. ; American Relief Administration | Supplies Were Never | Touched, However | Nikolaievsk, Samara’ Province, Rus: | sia, Jan. 23—Cossack counter-revola- | tionaries who have just raided us | place yespected to the last detail | American Reilef Administration sup- | plies but shot 50 Communists, blew up | and Icoted Soviet government ware: | houseg filled with furs, matches, skins, tohacco and military stores. Their entrance was picturesque. | They came in 800 strong, mounted on black horses, and, each man and wo-; man armed With rifles, two slings of | cartridge belts, knives and pistols. Riding at their head was their leader, Safins, tall and wearing a ferocious- looking black beard. Behind the cav- alry came a train of 200 wagons, ‘proughi from the fastnesses of the Ural mountains to carry away the loot. Their actions were regulated with much discipline. Arriving early on @ Saturday morning, they first cut all telegraph wifes, then roundéd up the Communists and executed them. The people of the town ‘were notified from the public square that they would not be shot or injured, and also Safins crdered that C.'E, Floete, of San Francisco, the only, American {1 the place and in chargé of the relief supplies for the children, be notified that American supplies would not be looted, : During the day the Soviet’ supplies were loaded on the wagons, 175 pris- oners were released from the jails, all the: available horses were taken, and the counter revoluticnary band de- CONSTIPATION Get Dr. Edwards’ Olive Tablets That is the joyful cry of thousands since Dr. Edwards produced Olive Tablets, the substitute for calomel. Dr. Edwards, a practicing physician for 17 years and calomel’s old-time enemy, discovered the formuta for Olive Tablets while treating patients for chronic constipation and torpid livers. Dr. Edwards’ Olive Tablets do not contain calomel, but 4 healing, soothing vegetable laxative. No griping is the “keynote” of these « little sugar-coated, olive-colored tab- lets. They cause the bowels and liver to act normally. They never force them ‘to unnatural action. ' Tf you have a “‘dark brown mouth” — bad breath—a dull, tired feeling—sick headache—torpid liver—constipation, you'll find quick, sure and pleasant re- sults from one or two of Dr. Edwards’ Olive Tablets at bedtime. » Thousands take them every night just to keep right. Try them, 15c and 30c. WEBB BROTHERS Embalmers Licensed Embalmer in Charge Undertakers DAY PHONE 246 PERRY UNDERTAKING PARLORS. Licensed Embalmer in Day, Phone 100 ——— BISMARCK FURNITURE COMPANY 220 MAIN STREET 5 Upholstered Furniture Made to Order When thé Communists returned, tliey at once locked up the village priests and shot a number of villagers guilty 0 Mating the stores left by the cbun- ter-revolutionary band. © °°)" In this region there are 140,000 chil-} - dren, 46,000 of whom are being fed by the Americans. The others aré starving. |The country is desolate, barren of grass and. trees and its scanty crops of the past summer were all requisitioned. In September, 24,- 000,000 pounds of flour weré milled here and al) of it shipped to Moscow or Petrograd, for the Red army, or other uses. Unlike other towns, here no focd of any kind is to be had for money. Dance at Baker’s Hall every Tuesday, Thursday and Satur day nights. Best music floor in state. 10c a dance. _ A plan is. being considered of con- structing a tunnel beneath the Strait of Gibraltar to Africa. Funeral Directors NIGHT PHONES 246-887, Charge Night Phone 100. or 687 the principal building of ‘the town,” parted. On the way out they passed | undisturbed other American. sup- plies. Pros THE BISMARCK TRIBUN oy bs One-Armed Tennis Star’ 4 ag 3 CLARENCE M. By NEA Service, Baltimore, Md., Jan. armed tennis ‘'player, Charest of this city, is ranked second in the middle Atlantic section by the United States National Lawn Tennis Association. Paired with’ ‘ William | Sweeney, Charest won the middle AHantic dou- bles champicnship last summer. Charest has has a hard climb towards the top of the heap. ‘In the first place he hag had gre&t competi- tion to gvercome in the middie At-- Jantic section. Some. classy. tennis stars are turned out in Baltimore, CHAREST. A one- Clarence M.1 | | -| capped on, the tennis jcourts, through | out of his way entirely on fhe stroke. | |The schedule folkows: Washington and the Virginia cities. tothe Su | to it and play. on just the same. “However, what's an arm to a ten- nis playét? " They. setdom tse two, anyhow,” says Charest. Cie Tie one arm behind you, or, at your side, and you soon would get. used |, It might cause you to lose your balance. at first, but. later you would. become accustomed to it. ‘ ‘4 Charest, doesn’t think he has’ ac- complished anything remarkable. He doespr’t feel he is in the least. hangi- the loss of his arm. : Charest has .a peculiar .¢ross-court stroke and plays close to the net, He is ranked as one of the stars of the east in this respect, The loss of an arm is. really an as- | set to the, player in ‘this partcular, for he can swing his racket from a greater distance, the!right arm being DICKINSON HAS. | HARD SCHEDULE Dickinsn, N,. Di, Jan. “23--Dickinsop: high sclfool has a hard ‘schedule for | the remainder of the season, but has a fast going basket ball team that is improving as the season advances. Glendive at Glendive, January, 27. Sentinel Butte, January 28. ' Mandan at Dickinson, February 3. Jamestown at Dickinson, Teb. 6. ‘Bismarck at Bismarck, Feb. 9. | Valley City at Valley City, Feb. 10. Jamestown at Jamestown, Feb. 11. Mandan at Mandan, Feb. 13. Miles City at Dickinson, Feb, 17. Sentinel Butte at Dickinson, Feb. 24. Bismarck at Dickinson, March 3.” BASKET BALL GAMES N. D, Aggies 36; Y. M, ©. A. 5. Moorhead Teachers 3 Concordia o high 17; Mandan 15., 4 Seconds'9; Concordia Acade- my 7. Wadena high 41; Moorhead 7, Aggie Preps. 24; K. C. Seconds 8. Minnescta 17; Wisconsin 15. ° Drake 33; Iowa State 19, t \Way mark, 11 to 8, but the locals tied St. Johns 21; Macalester 19. Cornell (loway 18; Hamfine 15) \ Knox 34; Brown 15, Dartmouth 22; Cornell 17. Purdue 36; Towa 32. i St.'Olaf 49; Gustavus Adolphus 19. Gate City Players Slip Over 17 _to 15 Basketball Victory Fargo high?‘schoo)' displayed basket- ball of the. first degree in the game agaist Mandan high school at Mandan Saturday night and forced the ‘Man- dan team. to take the short end of a 17 to,15 count, Fargo lec at the half- the count-near the middle of the sec- ond periods and forged in the lead through a free throw within two min- utes of ‘the end of the contest. Cap- tain Rudd of ‘Fargo again knotted the coun! with a free throw, however, and won the game for the visitors by a ional Sng. nce basket, just MONDAY, JANUARY 28, 1922- \ ‘| before the final whistte blew. / Fargo scored first on a Sield goal by Arnold and Captain Rudd followed with another and @ free throw be- fore the locals could score, Mandan did not, count until after the first ten minutes of play. The visitors showed a wonderful defense. : Captain Rudd of the visitors was the big \scorer, caging four field goals and three free throws. The locals played exceptiona ball in the second period but could not over- come the three point lead annexed by the vititors in the first stanza, Lineups and’ sumihary follow: Fargo Mandan Powers . Newgard Rudd .. Grey. ‘) Watkins. . « Love Miller. Nelson Arnold ... lg. « Burdick Substitutes; Rusch for Powers, Field goals: Rudd 4, Neleon 3, New- gard 2, Powers 2, Grey 1, Arnold 1, Free throws: Rudd, 3 out of 5; Grey 2 out of 5;. Love 1 out of 3, NATIONAL SKI ‘- | WINNERS GIVEN Cary, Ill, Jan, 23—Ragnar Omtvedt, amateur, and Lars Hugan, profession- al, won the national ski tournament. For Constipated Bowels, Sick Headache, The nicest cathartic-laxative in the world to physic your liver and bowels when you have Dizzy Headache, Colds, Bilfousness, Indigestion, or Upset, Acid Stomach is candy-like “Cascarefs.” One or two tonight wil nshin OUNTLESS INDUSTRIES, organizations, individuals, are already out of the depths—back again where breathing is easy and business is good. ERITY IS JUST ROUND THE CORNER > : Space contribiit in-co-operatio# with the Advertisements contributed New York : uh \Confidence—-Optimism—Aggressive Effort—brought them there. Business ‘és reviving—as it did after the depressions of 1896, 1904, 1908, - 1914. The volume of manufacturing and trade is increasing daily, unemploy- - S ment is decreasing, loans are expanding. Business is gathering momentum— ed by THE BISMARCK TRIBUNE &. ROTARY CLUB PROSPERIFY CAMPAIGN» by Frank Presbrey Advertising Agency, : 5 empty your bowels completely hy morning, and you will feel splendid. “They work while you sleep.” Cag- | careta never stir you up or gripe like Salts, Pjlls, Calomel, er Oil and they cost only ten cents a box. Childfen Ipve. Cascarets too. Yet) {SE saad