The Bismarck Tribune Newspaper, February 2, 1922, Page 7

‘\ THE BISMARCK TRIBUNE THURSDAY, FEBRUARY 2 gg PAGE SEVEN — ~ CHAMPION. FIGHT: FANS 101 aie | MRS. PATRICK J. CONVEY. By NEA Service, f Omaha, Neb. Feb, 2.—Mrs, Pat- rick J. Convey, at the age of 101, claims she is the champion fight fan of the world. Recently she journeyed to Sioux Citys Ia., to ‘see Pal Moore and Young McArthur mix in a fistic encounter. “Why not.” she queries. “I love fightin’ with the fists. I saw the first fight when I was.14 years old. ’Twas in Ireland.” pst A year ago Mrs. Convey, who has had-a doctor» but once in her life, > underwent an operation, She cele- brated the successful outcome. by |, dancing a jig. \ = A, — { SUPREME COURT | os Soe — FROM PIERCE COUNTY. J. E. Burke, Respondent, vs. Min- nekota Elevator Company, Appellant. Syllabus: (1) Ian action for conversion of wheat in 1909 where suit was insti- tuted in January,.J914, and was not brought to trial° until January, 1920, after a changa of venue had been taken by the defendant, in December, 1918, from, Ward county to Pierce county, it is held, for reasons: stated in the opinion, that the trial court did! not err in refusing to dismiss the action for failure to bring the same to trial within five years, pursuant to Section 7598 C. L. 1913. (2) In such action, it is held, for reasons stated in the opinion, that the special verdict of the jury finds sup- port in the evidence. (3) In such action, where the con- version of wheat occurred in 1909 and a jury, by its special verdict, allowed the market price therefor existing at the time of such conversion without any finding that the plaintiff was en- {titled_to interest upon such amount from the date of conversion, it is held, for reasons stated in the opinion, that the trial court erred, in its order for judgment, permitting plaintiff to re- cover interest for over ten years up- t¥ict court, Eddy-county. iq Coffey, J. From an order denying judgment non obstante, or, in the al- ternative for a new trial, the plaintiff has appealed. i Reversed and new trial granted,’ Opinion of the court by Bronson, J. Graca\Ch. J, and Robinson, J. Dis- senting. Bangs, Hamilton & Bangs, N. J. Bothne, A. L. Netcher,.Attorneys for Appellant, Kelly & Morris, Attorneys for Re- spondent Davidson. R.:F. Rinker, F. B, Lambert, Knauf & Knauf, Attorneys for Remaining Respondents. From Stutsman County. * Margaret Krapp, plaintiff and re- spondent, vs. Paul Krapp, executor of the las Will and estate of John Krapp, defendant and appellant. Syllabus: The. plainfiff’ brings this action against the estate of her deceased father-in-law for six hundred twelve days’ board and lodging at $1 a day. The jury found a verdict in favor of plaintiff on an express contract, and it-is held that the verdict is well-sus- tained by the evidence. Appeal from the District Court of. Stutsman County; Hon. J. A. Coffey, J. Affirmed, Opinion of the Court by Robinaon, J. Christianson, Bronson ‘and Bird- zell, IJ., concurring. Grace, Ch. J, specially concurring. A..W, Aylmer and A. L, Aylmer, Jamestown, Attorneys for Appellant. Knauf & Knauf, Jamestown, Attor- neys for Respondent. Fortune For Solution Of Used Car Problem By NEA Service Piles Washington, Feb. 2—Millions await the person: who will present a satisfac- tory solution to the used car. problem. That -is the most perplexing propo- sition faced by the automobile manu- facturers and dealers today. It will have to be solved this year, if any progress is to be made in the indus- ry. The used car situation has come to @ point at which it is realizod it is impairing the new car market. Cars have been “traded in” and new ma- chines produced .almost without re straint, until now automobile dealers find. themselvés overstocked and un- able to sell. ‘ According to.a survey made by the directors of the National Automobile Chamber of Commerce, “ it is esti- mated that automobile dealers and branches during the past 12 months have sold $200,000,000 worth of used cars at little or ‘no pnofit.” j Search for Sales Idea -In their eagerness to sell new auto- mobiles, the dealers have missed their opportunities in interesting motorists in the value. of used: cars, So that now the question of getting rid of this oversupply comes up. “Ideas have not been lacking as to how to buy used cars from motorists, so that the dealer.or manufacturer would not lose by the transaction. But the one big idea as to how to resell these automobiles is still being sought. 5 Alfred Reeves, general managor of the N, A. C. C., urges the dealers to “buy them right.” But the problem how 1s to “sell them right.” 4 Some of the suggestions advanced to help the sale of used cars are: 1. Opening. of national .used car markets, ‘so that the greatest possible line of automobiles may be wpened to intending purchasers; also that own- ers of usetl cars may find it easier to exchange their cars. 2. Education of the public to the on the amount found by the jury. Action in district court, Pierce county, Buttz, J. Defendant has appealed from the judgment. Judgment modified. Per curiam opinion. Grace, Ch.J., speciaily concurring, - Robinson, J., dissenting. F. B. Lambert, attorney for appel- lan T. Burke, attorney for respond- ent. ’ From Eddy County. First National Bank of New Rockford, Plaintiff and Appellant, vs. E. R. Davidson, C, McLachlan, W. M. Car- son, C. J. Stickney and W. M. Rob- erts, Defendants and Respondents. Syllabus: In an action upon a promissory note, where the defense asserted was that the note was given to: a bank purely for its accommodation to cov- er up temporarily overdrafts of a pub- lishing company, of which the defend- ants were directors, to pass an exam- ination by the federal examiner. with- out any consideration, and upon the understanding that theshote become a part of the bank’s assets and should not be a legal binding obligation up- on the defendants, and, where, fur- ther, as to one of the defendants, the defense was asserted that the note was signed and handed by such de-' fendant to the plaintiff upon the éx- press agreement that it should not take effect until certain conditions were first performed, it is held: - (1) That the evidence establishes, as a matter of law, that the note be- ¢, came a part of the assets of the bank, (2) That the questions whether there existed a consideration for the note and whether the note was given’ as an accommodation to the publish- ing company, were for the jury. -(3) That diréctors, who with fall understanding assume a duty and re- sponsibility for their company to take up its overdraft, the payments of which is its legal duty, and, who sign a note,:in ‘respotise to this duty and responsibility which serves as,an ac- commodation to their compahy: and the fulfilment of its duty, afe liable to a holder for value of such note. (4) That the admission of evidence concerning the existence of a guaran- ty contract of ‘indemnity for the pay- ment of the note to the‘bank by for- mer parties interested therein and. concerning their wealth, is prejudi- cial error. / (5) That the failure to perform the conditions precedent to the delivery of the note was properly a defense for one ‘of the defendants, and, that, as to the other defendants, who signed such note as indorsers, it would be a defense if plead afd “proved: (6) That the plaintiff is entitled to a new trial as to all of the defend- ants by reason of prejudicial error in the record. Action on promissory note in dis- value and reliability of used cars, es- pecially aftor these machines have been reconditioned by the manufac- turers and are ready for sale under a guarantee. 3. Inauguration of used car shows, tia raise the public esteem of second- hand cars and show the thrift in used ; car purchases. Lower Production . ~ (Manufacturers are beginning to Tealize that they will have to make less new cars and devote more efforts to reconditioning ,the used cars for further use. ‘New car production, this year, will be much lower than last, if the sug- gestions made by the directora of the N. A. C. C. are followed. As much at- tention will be paid in selling & pros- pect a second-hand car as has been given to the new car customer. . Guarantees will be extended to older cars and service will be more pains- taking. . To help reduce the number of used cars now held by automobile manu- facturers and dealers it has been sug- gested that a campaign be conducted urging owners to scrap their auto- mobiles when maintenance and opera- tion costs outweigh the advantages to be derived. from the purchase of new cars, Trade Boom Seen As - Rail Orders Pour In BY ALBERT APPLE Pittsburgh, Feb: 2—The C, B. & Q. railroad is placing orders for 7,300 freight cars, enough to make.a train 59 miles long. : This is the biggest single order for (reight cars in more than a year. It {8 -about ‘half as: many cers ‘as were oidered by all American rafl- Toads combined. during the whole of Burlington. officials say they are ordering these cara “td be thorough- ly ‘prepared for the great volume of traffic which js destined to move with the coming revival of business.” - , Steel Men The Burlington’s. freight car buy- ing {s producing af :almost; electric effect in the steel industry. . Some of the leading steel men see in ft the beginning.of heavy buying by the railroads. : The eteel trade for. months has ‘been predicting that the next big buying movement in stee} will start with a flood of orders for railroad |’ equipment. . The roads are steadily getting in better shape financially. ‘The. bond market is shaping itself to provide the roads, with plenty,of. purchasing power. 7 Dammed-Up Orders Steel experts say the railroads, to handle traffic efficiently during the next boom, will have to buy: 10.000,000 tons of steel rails 500,000 fretght ‘cars. 10,000 locomotives. In addition, railroad buying !s be- hind needs in enormous quentities of steel spikes, ties and other equip- ment. ee DOINGS OF THE DUFFS I i t MY, IT'S JUST POURING (ZZ OUT AND‘! HAVEN’T A THING IN "THE HODSE || FOR DINNER TONIGHT! FRECKLES AND HIS FRIEND: [enon out AN: WATCH FoR TH’) GROUNDHOG, ALEK. / NAW; T GOTTA GO" |) T Schoo, For SIX CLASSIFIED ADVERTISEMENTS HELP WANTED—MALE __ HELP WANTED—FEMALE 1 DON’T THINK THIS WILL BE MUCH/OF: A DINNER “BUT THEY'LL HAVE TO. MAKE THE BEST OF IT An Embarrassing Predicament WELL , GOOD BUT TDAY'S: GROUNDHOG DAY WHEN IF HE SEES WIS SHADOW WELL WANE COLD WEATHER GEE-I WISH_T DIDNT MAFTA G07’ |, IT'S GOING TO BE A TREAT TOGET A OD HOME COOKED MEAL You KNOW WHAT HOTELS (Have ou GLADTO i! Spy, HELEN BY ALLMAN DON'T SAY DINNER ! 1 BROUGHT A FRIEND oy MINE SN SF. 5 ’ Rexs OF OuT fh SA, EMM FRECKLES — CAN'T YA GET “TH GROUNDHO6 | TWAIT TILL SATURDAY? SALESMEN WANTED — An experienced glove salesman, to carry our.line,in-North Dakota on commission. . Only ex- perienced salesman answer. Nevin Glove Company, Carroll St., Buf- ffo, N. Y. 2-2-3t HELP WANTED—We havea proposi- tion for man and wife who want a home in small family. Call after.6 P.M. 407 3rd street. Phone 538-W. = 1-31-3t WANTED—Messenger boy. Western Union office. 1-31-2t BOARD AND ROOM BOARD AND ROOMS—Close in, mod- ern house, Phone 538-R, or call at 206 Thayer. 2-1-5t FOR RENT—Room with board by ist of February, , 409 Fifth St. ova FOR SALE OR RENT HOUSES AND FLATS FOR RENT—3-room modern _ flat, , Providing’ party takes furniture at * $115.00. Also Singer machine dnd new Edison for sale. 605 Ave B. * 1-28-1wk- WANTED—Woman for general house. work jon farm. No objection to child. Phone or call room 509 Me- Kenzie Hotel. ‘ WANTED—Girl wants to do general housework, at a place where much experience in cooking is not re- quired, 2-2-3 WANTED—Girl for general house- work, 901 6th St. Phone 307-J. 1-31-3t ‘WORK WANTED GENERAL HOUSEWORK WANTED— By the hour. Recommendations it necessary, Phone 430W. —1-25-1w ROOMS FOR RENT FOR RENT—Laree, warm, nicely, fur- nished rooms, suitable for two, large closets. Strictly moder®. home. Hot water heat(” 217 ;8th stfeet. © Phone 999. we OB A185 dew FOR RENT—Strictly modern 5-room bungalow. ‘Full basement. Located at 20 W.. Broadway. Inquire 219 2nd St. : '1-81-3t FOR RENT—Ten-room modern house. corner Mandan avenue amd Main street. Phone 923-R, or 665. : 1-28-1w FOR SALE OR RENT—Strictly mod- ern seven-room house. Inquire phone 751 or 151. 12-31-tf FOR RENT—Six room modern dung- alow, furnished. $60.00 a month. Write 334 care Tribune. _1-28 lwk FOR SALE—House and lot, 408 Ave- nue A, corner 4th. Inquire owner, M. W. Neft, 2+1-1w FOR’ RENT—House, 5 rooms and bath. All modern. Call 351-W or 112 Ave C. 1-30-5t FOR SALE-—i-room modern hotise in good location, easy. terms. Phone 809-M. é 1-30-1w_ FOR RENT—Four room house partly furnished. Phone 570-W. _1-30-1w ENT—23 rodm modern flat. $40. 605 Ave B. 1-31 3t FOR RENT—Piano. Phode 896, 1-28-3t FOR RENT—Two modern furnished roomg for light “house-keeping with gas plate. Call 442-M before 9 A. M. and-after 4¢P: Mex $1-30-5t. FOR RENT—Nice warm, jodern fur= \nished room; gentleman’ preferred; ‘close in. 505 3rd St. Phone 588-M, : 1-30. FOR RENT—Two , furnished room for light housekeeping. The Lauw- vain. B. F..Flanagan. 1-27-1w FOR RENT—Room for light house- keeping; also garage. 620 6th St, Mrs. Ada Rohrer. 1-30-3t FOR RENT—Nicely furnished rooms for light housekeeping.« Phone 404J. Geo, W. Little. 1-28 2wk 2-2-1 |: SALESMEN Selling clothing stores to carry, manufacturers line of caps as sideline, 10 per cent commission. Give reference, Bluco Cap Mfg. Co., St. Louis, Mo. 2-2-3-4-6-7-8 FOR SALE—Paia up course, Interna~’ tional Correspondence School. -Can ‘be applied-upon any course desired. If interested, write 335 Tribune. 2-2-1w one used scarcely'a month, D. Ern- est Hall, Room 18 Soo hotel. me + 1-30-1w FOReSALE—Sacrified. white blossom sweet clover seed. . $10.00 per hun- dred pounds. Sample free. R, H. Lyman, Verona, N, D. 1-28 lwk |For SALE—Electric stove, ~ lamp, water filter, bed and shelves suitable for basement, Phone 467-W. 1 _12t-lw] | fOR SALE — New piano, easy pay- ments, over Rohrer’s Taxi office, or phone 864, FOR SALE jr Rent—One Jewel Heat- ing stove. 204 4th St. Phone. 925. 1-30-1w DRY CLEANING, Pressing, Remodel- ing and repatring done , in. work- manlike manner by City Cleaners & Dyers,: 422 Broadway. +2-2-1w LAND‘ , FOR SALE—A’ bargain—328 .’ acres good land, 10 ‘horses, 4 cows, 10, brood sows, 1 gang plow, 1 mower. $32 per acre takeg-all. 919: 6th. St. Phone 471. ‘ 1-27-lwk FOR EXCHANGE WANTED TO TRADE—Two standard make cars, in good ‘condition, for small line of merchandise, . M. D. O'Neill, Halliday;.N. D. 1-30-1w Lost LOST—Bunch of keys, in or near Ppostoffice. Please refurn: to Tribune. ae MISCELLANEOUS Why~fot ‘buy at wholesale price di- rect’ from tne factory. There is a reason, 50 -mild- Havana cigars for $3.75, and 50 cigars, doméstic fillers $2, C. O. D. We pay postage. Try us, Satisfaction guaranteed. Wilton Cigar factory, Wilton,-N. D. k Ds 1:30-4w FOR REN?—Modern furnished room. Lady preferred. 819 65th street. Phone 242M. 1-26 lwk FOR RENT—A very desirable furnish, ed roonf with bath. Phone 473. , 2-1-8 FOR RENT—Strictly modern rooms at, 300: 9th street. Phone 3773; 1-28-1wk FOR RENT Light housekeeping rooms, 320 4th St. 1-31-2t FOR SALE OR TRADE — One-story building on corner lot; a good loca- tion for a grocery store at Halliday, N. D. Write-M. D, O'Neill, Halliday, N.D. “2 = 1-30-1W FOR SALE—Sweet ‘ cream, 30 per eent test, $1.10 ‘per gal. Thore Naaden, Braddock, N. D. 1-9-4w EXPERIENCED Dneesmaker jat root 22, Bismarck |, Busjness ; College. Reasonable pricéss"'*- L3tiw FOR RENT—Modern fusnished room. 510 4th St. 1-30-3t THE OLD HOME TOWN PROF HIGGINBOTTOMS FAMOUS ANIMAL SHOW: LEFT TOWN SOME TIME DURING THE NIG FOR SALE— Coron, typewriter. Choice on one in constant ,use Or } iN a FOR RENT—Modern apartment’ -in Varney. Flat. t i RKETS- | ——___ ---— —) , WHEAT UP SHARPLY. Ss Chicago, ‘ Feb. «2—Wh@at advanced today to the highest price’ since Oc: tober 4...A new upturn in values ‘at Liverpool was ‘thedoniinating influ- ence. Besides crop reports from the southwest continued bullish. . Initial quotations which varied from 1-4 to 2 3-8 cents. higher were well main- tained during the early ‘trading. t Assertions that United States whent is at present the -cheapest. wheat. in the world facilitated the upward swing. | MatKet closed. strong 21-2. to 4 cents net higher. ~ ’ ig - .ST. PAUL LIVESTOCK. . South St: Paul, ‘Cattle receipts 1,300. Slow. Killing classes mostly ° steady, common to medium beef steers | $5 to $7.50. .Best. load lots $6.50 bid. Bulk. $5.25. to -$6,.. Butcher cows and heifers mostly $3.25 >. $4.75. Few to around $6. Good: and choice ‘stockers and ‘feeders steady. Common and medium grades draggy. Calves, re- ceipts 1,200. Mostly.50 cents lower. Frectical packer top on lights $8.50. ‘Hog receipts 6,300, opening mostly 10 to. 15- cents: higher. 169 to 180 pound butchers «$9, Butche¥s 200 pounds up mostly $8.65 to $8.90. No pigs sold, bidding ‘steady to°$9.50. CHICAGO LIVESTOCK, Chicago, Feb. : 2.—Cattle receipts, 11,000, steady to strong.” Hog receipts, 37,000, active, 10 to 20 cents higher. i Sheep receipts 13,000, slow, steady to strong, ‘4 y MINNEAPOLIS FLOUR Minneapolis, Feb..2—Flour unchang- ed to 2 cents higher. , In car load lots. $7.50 to $7.60 a barrel. Ship- ments 48,319 barrels, Bran $21. ” BISMARCK GRAIN. y, (Furnished by Russell-Miller Co.) Bismarck, Feb, 2. No. 1 dark northern .. No, 1 amber durum No. 1 mixed. durum No. 1 red durum . No. 1 flax No. 2 flax . No. 2 rye MINNEAPOLIS: FLOUR, Minneapolis, Feb. 2.--Wheat re- ceipts, 247 cars, eémpared with -166 cars a year, ago. Cash No, 1 nogthern, $1.378-4 to $1.41 3-4; May,$1.28 3-4; July, $1.20 3 Corn No. 3 yellow; 43 to 43 1-2 Oats No. 3 white, 33 1-8 jcents, : Barley, 42 to 55 cents. $1.25 87 79 14 1.88 . 1.83 Bt to cents. floor | $ 1-31-3t | 7 amount due upon such mortgage on the day of sale, The premises described in such Mortgage and which will be ¥old to satisfy the same are those cer- tuin premises situated in the County of Burluigh and State of North Dakota and deseribed as follows: The South ( (S 1-2) of the Southeast quarter 4) and the South Half (S 1-2).of uth West Quarter (SW 1-4) in Section Twenty Four (24), Township One Hundred Forty three (143) North ¥ (77), In’ Bur- North Dakota. That no- sreclosure has been served d title owne’ in the man- ner provided by law. ? ‘There will be due on such mortgage the date of sale the sum of Two ousand Seven Hundred eighteen dol- lara and 92-109 ($2,718.92) Dollars, h day of December, 1921, THE JEWISH AGRICULTURAL & IN- DUSTRIAL AID SOCIETY, Mortgagee. Halpern’ & Rigler, Attorneys. for Mortgagce, Hebron, } “Dakota, 12 12-19-26; 2—2. LITTLE-NATIVE ILLITERACY IN ~NORTH DAKOTA z —— | North Dakota is practically without native, born illiterates, according to Statistics for all of the states of the ‘Union which have: just reached the Office of the superintendent of public struction, A group of western: states and New York are. listed as having one-half of one per cent-or less. Five states Washington, Utah, Wyoming, Idaho and Montana are listed as hav- ing the lowest percentage of native at {born illiterates, three-tenths of one per cent. Cdlifornia, Oregon, Nevada, North Dakota, Minnesota and Nebras-- ka are in the next lst at four-tenths of one per cént, while New York, as the only eastern state.gets into a brackett with Iowa at “half of one per cent. Work of eliminating illiteracy in North Dakota is progressing in a sat- isfactory manner according to Miss Bertha Palmer, who_las charge of the work relating to it that comes into the office of the state superintendent. Dickinson is baving great success with its night. school,-according to Miss Palmer, the recent reports from there showing 140 students. The interest is so great that the schools have heen opened to women, who at- tend two night schools a week, ‘The students learned to sing America in ten days from the time of the first attempt. A band is being organized. The Dickinson teachers also are at the head of a school at Lehigh where twelve foreigners are being taught. Schools have been started in La- Moure county, Jud reporting 36, and Kulm 14.> Jamestown reports 51 in night schcol and Medina 25, fourteen of whom had never been in school in ‘his country before. i SERIOUSLY BURNED McLoughlin, S. D., Feb. 2—John An- derson and Noble Rose, employes on the St. Paul Cattle Loan company ranch south of here, were seriously burned by the explosion of a five’ gal- lon can of gasoline which occurred when they were trying to prime a gascline tractor engine. Both men were enveloped in the flaming liquid. Rose dove into a watering through, then sought Anderson and threw him into the water. The‘latter was most severely burned, all of the clothes heving been burned from his body. @ ESCAPE BURNING HOME Ryder, N,.D:, Foy. 2—Escaping from their burning farm home with only’ Rye No. 2, 81,to 821. LEGAL NOTICES coe N 4 —_______4 OR MORTGAGE ®ORE- CLOSURE SALE Whereas, Default has been made in the terms and conditions of the mort- gage hereinafter described. in that the mortgagors-have failed to pay the principai and interest due on, said mort- gage und taxes, and upon such defanits the mortgagee has declared and does hereby declare the.entire mortgage’ in- due and payable as author- ‘This mortgage, now therefore, Notice is hereby. given that the cer- tain mortgage executed ani delivered by Joseph Kremenetzky "and Rifka Kremenetzky, mortgagors, to the Jew. ish Agriculturag and Industrial Ald So ciety, mortgagee, dated the 23rd day of December, 1911\and filed for record in the office of the Register of Deeds of the County of Burleigh and State of North Dakota on the 27th day of De- cember, 1911, and recorded in Book, 22 of Mortgages at Page-533, be foreclosed by a sule of the premises in such mort- gage «nd hereinafter described, at the front door of the Court House in the City of Bismarck in the County of Bur- leigh.and State of North Dakota. at the hour of 2 o'clock P. M., on thd 8th day of February, A.D, 1922, to‘satisfy the their night clothes, Mrs. Clarence Grow and her five children, nearly perished from the intense cold. She manage] to snatch a mattress from the flemes, upon which she placed her three younger children while the two older ones: ran to. a: neighbor's for help. Physicians. fear her hands and eat may have {o he amputated. The husband was absent when the @e, which originated from a kitchen stove, Wroke: out, The’thermometer regis- tered’about 45 degrees below zero. SCHOOL. BOND ELECTION Granville, N, D., Feb. 2—A special school election will be held here Feb. 5, for voting on school bonds of $25,- 000 to take up outstanding warrants of Granville consolidated school dis- trict\ No. and put the district on | a cash basis. oS BS. ENGE, D. C. Ph. C. Chiropractor Consultation Free Gaite 9, 1i—Euens Bleck—Phene 968