The Bismarck Tribune Newspaper, March 23, 1922, Page 7

NOTICE OF SPECIAL MEETING OF THE -HANSON-HALIDAY COM- PANY, A CORPORATION Notice is -hereby given to all stock holders and to ail other persons inter- that a special meeting of the stock the office of the Company at Baldwin, in Burleigh county. North Dakota, on the 25th day of March, A. D. 1922, at the hour of 10 o'clock in the A. M. of that day, and that the meeting is called for the purpose of cotisidering the question of selling and disposing of the busineas as whole, and to do such other business should have been: transacted at the regular annual meeting in January, 1922, at which annual meeting there was no quorum present. Given under my hand this 10th day of March, A. D. 1922. QO. H. LER’ Rees UM, President. (3-11,13, 14,15, 16,17, 18.20, 28,24) NOTICE OF EXECUTION SALE Notice is hereby given, that by virtue, of a judgment in that certain ‘action wherein Farmers & Merchants Bank of New Ulm, a corporation, was Plaintiff, and Jelde Jelden, was defend- ant, entered on the 2nd day! of February, 1922, and a special execution issued thereon, the undersigned, as sheriff ‘of the county of Burleigh and state of North Dakota, for that purpose appointed,, will sell at public auction at the front “door of the courthouse in the city of Bis- marck, county of Burleigh and state: of North Dakota, on the Srd day of April, 1922, at the hour of ten o'clock in the forenoon of that day, the real estate, ituate in said county and state, directed in said judgment and special execution to be sold, and which is described as follows, to-wit: The East Half (BE 1-3), of: Section Twenty-four (24), Township One Hundred Thirty-nine (439) North. of Range Seventy-six (76) West, or 80 much thereof as may be necessary to satisfy said judgment and costs, amounting in all to the sum of $1061.00, with interest. thereon from the date af aid {OR mCRL and the’ accrying, costs of_saie, : ! 5 Dated this Ist day of March, 1922. ROLLIN Sheriff, Burleigh County, N. Newton, Dullam -& ‘Young. A Attorneys for Plaintiff, Bismarck, North Dakota. P. Vincent, easel 8 tice is hereby given by the under- sighed Alfred B. Leet, administrator with the will annexed, of the Estate of’ Rosa P. Vincent, late of the city of Wash- ington, in the District of Columbia, de: ceased, to the creditors of, and-all.per- sons having claims against said’ deceased, to exhibit them with the necessary vouchers, within four months after the first publication of this notice, ‘to said Administrator with the Will annexed, at the, office of Newton, Dullam & Young, in the city of Bismarck, in said Burleigh county, North Dakota. That Dul- lany_ of Bismarck, North! Dakota; is the resident agent of the undersigned ad- ministrator with the will_annexed. Dated March ist. A. D. 1922. ALFRED B. LEET, Administrator with the Will Annexed, First publication on. the 2nd day of March, A. D. 1922. 3—2-9-16-23. NOTICE OF EXECU IN SALE Noticé is hereby given that by virtue of -a judgment in that certain action wherein Farmers State Bank of Wing, North Dakota, a.corporation, was plai tiff, and J. J. Mueller, Ji, was defen ant, 1921, and a special execution issu thereon, the undersigned, as sheriff of the county of Burleigh’ and state of North Dakota, for that purpose ap- pointed, will ‘sell at public auction: at the front door of the courthouse in the city of Bismarck, county of Burleigh and state of North Dakgta, on the 3rd, day of April, 1922, at the hour of ten o'clock in the forenoon of that day, the following described real- estate, situate in the said county and state, directed in such judgment and execution to be sold. towit: The Northwest Quarter: of the Northwest Quarter (NW 1-4 of NW 1-4), and Lots One (1), Two.(2). and Three @), of Section Fourteen (14), Township One Hundred Forty-four (144) North, of Rapge Seventy-8ix ( West, or’ 0 much thereof as may be ‘necessary to satisfy said judgment and costs, amount- ing in all to the sum of $268.00, with In- terest thereon from the date of said judgment, and the accruing costs -of sale. Dated this Ist day of March. 1922, ROLLIN WELCH, Sheriff, Burleigh County, N. D. Newton, Dullam & Young, , Attorneys for Plainti iat} z Bismarck, North kota. 3—-2-9-16-28 NOTICE OF REAL ESTATE MORT- GAGE FORECLOSURE BY ADVER- TISEMENT Notice is hereby Riven that by reason of default therein, that certain mortgage made and executed by Carl L. Kellstron: and Hilda L,Kellstrom, husbandand wife, mortgagors, to the ‘Investors M 6 Security Co., mortgagee, ~which said mortgage is dated November. 25th, °1919, and filed, for record in the office of the Register of Deeds of Burleigh county, North Dakota, on December 7th, 1939, and recorded in Book 90 of Mortgages. page 225, will be foreclosed by a sale of the premises described in said mortgage at the front door of the court house in the city of Bismarck, county of Burleigh, state of North Dakota, at the hour of ohe o'clock in the afternoon of the 15th day of April, 1922, to satisfy the amount due on said mortgage on the date of sale. - The premises described in sald mort- gage and which will be sold to-satisfy the are as folk to-wit: Tots 1. 2-and S* Block 80, McKenzles & Coffins Addition to the City of Bis: marck, Burleigh county, iN. Dak. .. Said mortgage contains a clause au- thorizing the mortgagee ‘to declare the whole sum due if there is a default, and the whole of said mortggge is hereby de- clared due. There wil be due on said ese on the date of sale the sum of Notice of intention to foreclose was given, as required by law, more than thirty days before the peginning of the proceedings. The default ‘consists of the non-payment of the sum, 46.35, prin- cipal dnd- interest. OVC Dated this 4th day of March, 1922. INVESTORS MORTGAGE SECURITY co. 5 By E. T. Burke, Bismarek, N. D., 7 Attorney for Mortgagee. (3-9, 16, 23, 30; 4-6, 13.) a a aes NOTICE OF ESTATE MORT- GAGE FORECLOSURE BY AQVER- TISEMENT Notice is hereby given that by tr of default therein, that certain m made and executed by Mathilda kenstein ‘and. Herman Falkenstein, he pueband a fasors, to. The investors lortgage rity..Co., mortgagee, ‘Ww said mortgage is dated May 3rg, 1916, and filed for record in the office of the Register of Deeds of Burleigh county, state of North Dakota, on the 22nd. day’ of June, 1916, in Book 108 of Mortguges, page , at 10:30 A. M., will be fore- closed by a sale of the premises describes in said mortgage at the front door of the court house in the city of* Bismarck, county of Burleigh, state of North Da- kota, at the hour of one o'clock in) the afternoon of the 15th dayof April, 1922, to satisfy the amount due on said mortgage on the date of sale. : The premises described in: said mort- gage and which will be sold to: satisfy the same are as follows, to- The North Half ON a or Section Thir- teen. (13) Township Ont Hundred Forty- two *(142), North, Range Sevénty-nine (79) West, containing 320 acres, more or less according to the government survey thereof. Said mortgage contains a clause au- thorizing the mortgagee to declare the whole sum due if there is a default, and =the whole of said mortgage fs hereby declared due. There will be due on said imortgnee: ‘on the date of sale the sum of Notice of intention to foreclose was given, as required by.“law, more than thirty days before the beginning of the proceedings. The default consists of the non-payment of the sum of: $847.54, prin- cipal- and interest. Dated this 4th day of March, 1922. INVEST MORTGAGE SECURITY By E..T. Burke, Bismarck,.N. D. Attorney for said: Mortgagee. (3-9, 16, 23, 30; 4-6, 13.) i NOTICE OF MORTGAGE SALE BY * ADVERTISEMENT ‘Notice is hereby given that that cer- tain mortgage executed and delivered by Fenty Horne a sin le man, as mortgagor, to Auguat FR. phan as. dated the 9th day ‘of arch peeand filed for record in the office of the Reg- . of, Burleigh ister of Deeds of the County. | port will and State of North Dakota, on. the 12th state ot Nort and ‘duly. erecorded in Book 147 of Mortgages, at e 20; and pslqned by sal FE 8 ee instrument ‘in’ writing. to. Dra! lard Company, a corporation, dated the 25th’ day of April, 1917, and filed for record in said office of the Register ‘of ‘Deeds on the 28th day of June, 1917, and duly recordedin Book 139 of Assignments, at e 121; and assigned by said Drake- lard Company, a corporation; to. Carl. Oliva and Rosetta Oliva, his wife, b an instrument in writing, dated the 19t! day of April, 1920, and filed*for record ‘in t| the office of the Register of Deeds in and for the County of, Duriclen and State of North Dakota;.on tne 2n “A 1920, at 1:30‘o'clock P.’ M., - duly recorded in» Book 169 of Mortgages, at page 42, will be foreclosed by a sale of the premises in such mo! fe and here- inafter described, at the front: door of the court house in the “City of Bis- marck, in the County of Burleigh and State of North Dakota, at the hour of wo’ o'clock P. M. on. 10th “day of. prit, 1922; to satisfy the amount due upon’said. on the day of sale. ‘The. premises described in said’ mort- gage and which will be sold to satisfy the sgme" are- those certal promises sit uated in the’ County of: Burleigh and tate of North Dakota, and described as to-wit: Section of one Hun- Hundred ($1,927.35) Dollara: CARL OLIVA and ‘“ROSETT, ‘OLIVA, arenes, arate Fargo, N. ota. 3—29-16-23-30; 46. PROBE STARTED OF TAM- PERING IN MILL OFFICE (Continued from Page’ 1) 696.01; “Equitable Audit Co., 405.00; Economy Supply Co., $3,056.34. Retroactive wages amounting to §2, 298.96 were paid by the Drake mill, covering “back pay” upon an adjust- meat with unions. The retroactive wages covered the period from July 1, 1920 to February 1, 1: Among those’'who drew retroactive. wages was Rose Keller, bookkeeper, who drew $350 retroactive wages and $85 DOINGS OF THE DUFFS ; OLIVIA, THAY PEST BILLSTUPE WANTS To TALK TO YOU. ON. * “THE PHONE HERE! —y- _ T@OTTA GET T SciooL BFORE TH over-time and additional wages of}, $175 at the time of leaving the mill service. W. B. Hibbard drew addi- tional wages at the time of leaving service of $55.40, - The loss in manufacture of flour at the Drake mill is shown in the Bishop, Brissman report much the samre as in the Equitable Audit Company: report. The record for 1921 follows: cdst of 16,813 barrels sold, © $112,026.60, or $7.0844 per barrel, total cost, expense, interest, etc., $8.4615 per barrel; net sales_$6.9051 per barrel; loss $1.5564 per barrel. A statement for 1919 and 1920 is not made it is stated, because production . records could 1i)t be found. Regarding subscriptions of the Gra Forks Commercial club on bonds the audit report says: “Item of Grand Forks Commercial club, bond subscriptions, represents two cash de- posits—$50,000 on Aug. 20, 1920, and $10,000 on Dec.:28, 1920. The addi- tional $3,800 is in the nature of sib- scriptions and were‘ used for ‘the; pay- ment of interest on subscriptions to July 31, 1921, in the amount of $3,- 066.66 and cash deposited in the Bank of North Dakota of $733.34 on August 29, 1921.”.° This, item’ was set up as li- ability and there is this explanation: “This transaction was apparently handled by the Secretary of the Grand Forks Commercial club, and no sub- scription list was on file in the office of the Grand Forks Mill, Industrial Commission’ or the Bank of North Da- kota. No interim certificates or bonds. appear to have been issued for the sald amount.” _ The value of the Drake mill is. fixed, as follows by auditors: Original Purchase, $20,000; additions, $9,088.08; furniture ‘and fixtures, $1,027.27; le: depreciation reserve $3,629.46; less de- preciation in value, $5,000; net worth of plant, $21,475.89. A ‘total of $23,053.79 applicable to 1920 sales of flour of the Drake mill on assignment has been written, off the’ books by. auditors as uncollectible. A large part of the congignments went to the Consumer Stores Co., now bank- rupt. The balance of $1,200 due on consignment is the amount estimated by the mill manager to be collectible. Total sales of the Drake mill for the year 1921 amounted to $134,077.00, of which $119,729.66 was in flour sales. ' ' In the summary of the cash trans- actions of the Mill and Blevator As- sociation appears the laconic item: Donations—Recall fund $2.00. ANNOUNCEMENT. To the Voters of Burleigh County: 1 thereby announce myself a candi- date for riff of Burleigh county at the June, 1922, primaries. | am a re- publican and have been a resident of Burleigh county for thirty-five years and if nominated and elected ! prem- Ise to give faithful service. Your sup- appreciated. Yours respectfully, WILLIAM ODE. (Political advestisement.) 3-21-2t ANNOUNCEMENT I hereby announce myself as a ‘4 | candidate for the_office of State’s At- torney of Burleigh County at the Jun: 1922, Primaries, 8-16-1wk. EDWARD S. ALLEN. (Political Advertisement.) ANNOUNCEMENT I heréby announce myself as a can- didate for the. office of Sheriff for Burleigh county at the June, 1922, Primaries, Z HARRY A. THOMPSO. Pol. Adyt. 8-17-6t. ANNOUNCEMENT: I hereby announce myself as can- didate for the office of sheriff of Bur- leigh county at the ie 1922, primar. les. MRS. ED. ‘CHARLEBOIS. Political Advt. 3-21 Iwk ANNOUNCEMENT I hereby announce ‘myself as a can- didate to succeed myself for the of- fice of Treasurer of Burleigh county at the June, 1922, Primaries. , J. A. FLOW, Political: Advt. ANNOUNCEMENT I hereby announce myself as a can- didate for the office of Clerk of Court 3-21 ti HELP WANTED—MALE OW! HELLO, BILLY, HOW. ARE YOU? AWFULLY GLAD To. HEAR YOUR VOICE AGAIN IVE BEEN THINIONG OF YoU ALL DAY- HONEST | HAVE = sae LISTEN To THAT , FORGOT THANE Mom WRITE A EXCUSE FoR ME = GEE- WHATLL TDO?? WHATLE T. “ES MELP WANTED—FEMALE WANTED—Plumber and tinner, per: manent position and good salary to the right man. In answering state experience, salary expected, and give references. Erickson-Hellekson-Vye Co, Wheaton, Minn. 3.204 WANTHD—Farm hand. ‘W. E. Bresn. 5 miles north of town. Telephone 8 3-22-3t FOR SALE OR RENT HOUSES AND FLATS FOR RENT—Two goodsizgd rooms, in modern house. Furnished for light housekeeping or singly. 416 12th street. 3-23 lw FOR SALE— By owner nine-room ™Mmodern home in best residence dis- trict in city. Call 827. 3-18-1w FOR RENT—Modern four room flat. Possession April 1. Business Col- lege. Phone 183. 3-16-1 wk '—Six-room modern furnish. Write 354, care Tribune. ROOMS FOR RENT §2.50’PER DAY paid one lady in each ‘town to distribute free circulars for Economy Non-Alcoholic Flavoring. Permanent position. F. E. Barr Co., ‘Chicago. 3-21-3t WORK WANTED WANTED—Practical nursing. Phone 280 8-23 1wk ____ LOTS FOR SALE FOR SALE—The 60 foot corner lot at corner of First and Thayer streets, One of the best locations in the city. Would make a fine building site for a nice home or an apartment house. Is level, east front} close'in and: has trees. Geo,-M. Register. 3-16-1w AUTOMOBILE: OTOROYCLES FOR SALE—Touring car top for Studebaker; in g00d condition, Phone 858 after 5 o'clock, or call 417 Mahdan Ave. 8-23-3t -| POR SALE CHEAP—One Smith motor cycle. $65.00 cash. Call at 213 Stl street. Ask Hugh Kug. § 3-21-31 FOR SALE—A 490 Chevrolet in good OR RENT— One good sized room, kitchenette and closet, furnished, for light housekeeping. 218 1st. ‘st. __Phone 386 J. 3-22-3t FOR RENT—Two rooms completely furnished for light housekeeping: Close in. 2nd street 3-21. 3t FOR RENT—Furnished rooms for light housekeeping, Bismarck Busi- ness College, Phone 183. _ 3-13-1m FOR RENT—Large room suitable ‘for two in modern home. With or with- out board. Phone 282R. 8-21-3t FOR RUNT—Three nice Clean rooms, for reasonable price, 312 N. 9th St. Phone 683-W.\ 3-171w POR RENT—Clean rooms in modern house at 300 9th street. Phone 377J. i 3-22 lwk FOR RENT—Large modern room, suitable for two, 522 2nd St. 3-9-1m FOR THNT—One furnished room in modern house. 409 5th st. 3-22-3t | BOARD AND ROOM ERS WANTED— Room and board, or table board, single or doa- ble rooms, home cooking, close in; across the street from’ postoffice. The Dunraven, 212 3rd St. Phone 356, 3-20-Lw. ous FOR SALE—Three chair barber shop, up-todate equipment, good water system, bath, including building and lot in town of 1,000 population, only shop. Address L., Box 99, Linton, N. D. 3-23-4w FOR SALE—One large size mahogany Victrola with about $60. worth of records, Also beautiful genuine Kirminshah Oriental rug, large size. A bargain. Phone 653R evenings. 3-18 lwk Hemstitching and picot work. Mail orders promptly attended to, Box 245, Singer Sewing Machine company, Bis- marck, N. D. 3-17-1m TAKEN UP—Four bay mares, 1 gray gelding, W1-2 Sec. 4, Range 75-139 Twp. Albert Hammar, Driscoll, N. Dak. 3-11-2wk FOR SALE—One small refrigerator, almost new, one iron bed, spring and mattress. Call 870W or 186, 3-23-3t. FOR SALE—Baled hay, seed ‘vats and seed potatoes. Inquire A. C. Wilham, Van Horn Hotel. 3-21 1w FOR SALE—Electric . washing ~ma- chine, Price. $50.00.. 421 13th’ St. Phone: 590W. 3-22 3t FOR SALE—Procelain bath tub, sinks, hot water tank and pipe. 534-M: FOR SALE—Datenport, rug and table cheap. Call mornings’ at 88 Ave. B. 322-3t FOR RENT —Five acres as garden. Apply Frank Kroll. 3-17-lW FOR SALE—Gas range. Phone 129LW. = 3-22 3t RS, ENGE, D.C. Ph. C Chiropractor Consultation Free Phone 279J or call a14|°OR condition for 9150. Phone,890. 518 6th Street. 3-22 lwk FOR SALE—Cadillac Eight, $1,000.00 net. Cheap. . L. N. Cary, Mandan, N. Dak. 3-16-2wk SALE — Cadillac, 8-cylinder, Phone 618-W. 3-174lw $1,000, 404 10th St. LAND ARE YOU Interested in buying land in North Central Minnesota, the land of clover, beautiful lakes and Prosperity? If,30 write. to Leach Lake Land & Investment Co. at Walker, Minn. No trades. 3-3-1m FOR RENT—Farm, 250 acres under cultivation; eight miles gast of Bis- marck, IN. D. J. C. Swett. Phony 822-R. Box 322. 3-18-10 HOUSES WANTED WANTED, APRIL 1—Strictly: clean modern furnished house, five or six rooms, by couple. Or three or four rooms for housekeeping. Consider sharing house with other couple. Address, Box 752, Mandan, N. D. \ e 3-20-lwk A Weman’s Instinct FRECKLES TD LIKE ME NCTE FoR YouR. ABSENCE” YESTERDAY \ THOUGHT. OLIVIA CUT 1 OUT THAT FELLOW, BILLSTUPE- HE’S NO GOOD-| TOLD HER WHAT | THOUGHT OF HIM ONCE- THINK HE’S ABOUT HALF OFF! THAT NY THAT WAS A POOR THING To TELL HER-YOU KNOW HOW HARD IT 1S.FOR A WOMAN TO RESIST SOMETHING )J IS LABELED HALF OFF! JUST A MINUTE, YEACHER= IM @ WRITIN: IT CHICAGO: WHEAT ‘Chicago, March 23.—Material set- backs in the price of wheat took place during the early trading. Commis- sion houses generally were on the selling side and ‘there, was lack of ag- gressive. buying. The opening which varied from 1-4 to 7-8 cents lower was A followed by sharp further, declines. Subsequently, breaks in German ex- rian ‘wheat was being 168 arizh’ factors. were partly offset hy word that Nor- way was in the m&arket. The close was heavy; two to four and five- eighths cents lower. MINNEAPOLIS ‘FLOUR Minneapolis, March 23— Flour un- changed to 10 cents higher. In car- load ‘lots $8.25 to $8.30 a barrel. Ship-, ments 15,448 barrels. Bran $24.50 to 25.00. CHICAGO LIVESTOCK Chicago, March 23.—Cattle receipts 15,000: Very slow, few tending steady to 50 cents lower. ‘Hog rtceipts 22,000. Mostly 5 to 10 cents higher. Sheep receipts 12,- 000, ‘Slow, bidding steady to 25 cents lower. ST PAUL LIVESTOCK ‘South St. Paul, March 23.—Cattle receipts 1,500. Draggy. Killing class- es mostly ‘weak to 25 cents lower. Common ti medium ‘beef steers $6.00 to $7.50.Bulk $6.25 to $7.00. Best load lots today $7.50.. Butcher cows and heifers mostly $4.00 to $6.00, Few to $7.00. Stockers and fee‘lers steady to weak, $4.50 to’ $7.00. Calvts—Re- ceipts 1,300. Mostly 25 to 50 cents lower. Bulk best lights $6.50; up to 700° or better; seconds $3.50 to 4.50. Hog Receipts 5,500 About steady. Bulk $9.00 'to $9.80. Top $9.85. Packing gows $8.00 to $9.00. Good and choice pigs $10.25! to $10.35, Sheep receipts 500. Steady to weak. Best lambs today $14.50 to 14.75. Chaice chiqtablys to around $115.25 Bulk desirable twes $8.50 to $9.00. MINNEAPOLIS GRAIN Minneapolis, ‘March 23.—Wheat re- ceipts, 143 cars, compared with 209 cars a year ago. . Cash No.-1 northern, $1.47 3-8 to THE OLD HOME TOWN HULL ES NEW (, === SHES AREARIN WHEN THE. ANGHT WATCHMAN SAW JOE HENDRICKS COME Min A ul es DOWN FROM THE ae HE KNEW WHY ONE PIE Z& = s |No, $1.50 8-8; May $1.39 3-8; July $1.20 3-8 ‘Corn No. 3 yellow, 50 to 59 3-4 cents. Oats No, 3 white, 32 1-8 to 32 5-8 cents. Barley 43 to 61 cents. Rye 2, 93 3-4 cents to 94 3-4 cents. Flax No. 1, $2.50 1-2 to $2.53 1-2 BISMARCK GRAIN (Furnished by Russell-Miller Co.) For March 23. No. 1 dark rorthern . + $1.37 No, 1 amber durum . 107 No, 1 mixed durum 101 No. 1 red durum I flax No. 2. Flax No. 2. “rye [ SUPREME COURT | From Morton County Dick Wilkins, Plaintiff and Re- sppndent, vs. Natfonal Union Fire In- surance Company of Pittsburgh, Pa., a corporation’ Defendant and Appel- lant. Syllabus: 1. Where most of the jurors called for trial of a case had sat in from one to six similar cases brought’ by differ- ‘ent policy, holders against the same insurance company, and fried at the same term, in which the complaints were practically identical and the an- swers substantially the same, and the witnesses for the plaintiffs were gen- erally the same, with the-exception of the plaintiff in each case, and’ the witnesses for the defendant, were practically identical in all of the cases; and, where such jurors stated upon their voir dire that they had made up their minds upon the con- flicting qpestions of fact submitted in the previous cases, and that if the facta were the same, in the case upon trial, their decision would necessar- ily be the same; that it would require additional evidence on the part of the defendant to overcome ther opinions on such facts; that if the evidence was the same they would come to the same conclusion; that their minds were fixed and made up after hearing the evidence in the other cas that the defendani's challenge for cause should have been allowed un- der subd. 6, sec. 7616, C 1918, providing that “hav: qualified opinion or belief as to the merits of the action founded upon knowledge of its material facts or BY STANLEY au ATT it “| there was no some of them,” is ground of challenge for causé, even though, the jurors , stated, when interrogated by the court, that they .could try the case fairly and impartially on the evidence, and declared themselves to be. free from bias or prejudice. 2. An instruction that if the jury believes an agreement of, accord had been entered into whereby defendant had agreed to repay to plaintiff his premiums, and an additional amount in case other policyholders received more than a repayment of their prem- ium, plaintiff, before the accord was }| completely executed, might repudiate it, and sue upon the original obliga- tion without rescinding the accord, was erroneous, it appearing that issue raised by the pleadings as to any agreement by de- fendant to pay plaintiff any such ad- ditional dmount, and that all testi- mony with reference thereto had been erroneously admitted over defend- ant’s objection. . : 3. Under Sec. 5825, Comp. Laws, 1913, providing that an accord is-an_ agreement to accept in extinction of an obligation something different from or less that to which the person agrze- ing to accept is entitled, there may be an accord of either a liquidated or a disputed unliquidated demand. 4. Certain testimony held to have been erroneously admitted. 5. Under Sec. 3535, Comp. Laws, 1913, providing (hat witresges are entitled to receive for each day's at- - tendance before the District Court the sum of two dollars, a witness called to testify in a number of cases at the same term is entitled to receive in a particular case the statutory fee for only the number of days he was actu- ally in attendance before the court for the purpose of testifying in that case. 6.. Under Sec. eComp. Laws, 1913, providing that witnesses are en- titled to receive for each mile actu- ally traveled one way ten cents, a wit- ness coming from without the state ig entitled to receive the statutory um for the number of miles actually traveled within the state. 7. An attorney appearing in a case before the Court as counsel for one of the parties, even though he is called as a witness in. said cause, is not entitled to’ witné§s fees. 8. A person called ‘as a witness vho is plaintiff in another similar ac- tion and is presént in court awaiting trial of said action is entitled to wit- ness fees for his actual attendance in court on account of the case in which, he testifies, the same as any other witness. From a judgment of the District Cburt of Morton County, Lembke, J., Defendant appeals. ‘Reversed. and; a.new trial ordered. . Opinion of the Court by Cooley, District J. Grace, Ch. J. and Bronson, J., disqualified, did not participate, Cooley and Coffey, District Judges, sitting in their stead. Barnett & Richardson, Attorneys for Appellant. Nuchols & Kelsch; Mandan, and Jacobsen & Murray, of Mott, attor- neys for Respondent. M of Fargo, New Constitution For Palestine Is’ Criticized Some Jerusalem, March 23.—Publication of the newly rroposed constitution for Palestine which was completed after long discussion between represerita- tives cf the British, government and of Arely and Jews of this country caused widespread rejoicing and-a good deal of dissent. It is evident that the ex- tremists on all sides of the céntro-” versy here are not satisfied but on the other hand there is an apparent major- ity who regard the new draft as a com- promise which should satisfy the aspir- ations of all concerned. These gener- ally express the hope that the new constitution will be speedily adopted and confirmed by the League of Na- tions. On the other hand the dissentists, Arabs and Jews alike, have organized themselves to obtain the Inodification of some. of tiie terms in the draft. The natives want the granting of national- ity to he nade contingent upon a real- dence of five years instead of almost no residence as proposed. The Zionists object to’ giving the Arabs a majority in thé legislative council, ‘TRIBUNE WANTS—FOR RESULTS