The Bismarck Tribune Newspaper, April 28, 1922, Page 3

FRIDAY, APRIL 28, 1922 ARGUE ACTIONS OF ATTORNEYS IN ARMORY CASE Judge Nuessle Hears Attorneys Argue on Action Taken by ~' Board of Directors \ FRAUD { Is ALLEGED The armory ‘case was before Judge Nuessle in district court today on con- sideration of ‘the motion of defend-! ants to dismiss the action brought for Company A, National Guard Train- ing School, to recover the former ar- mory here. Action on the motion had been suspended ito give plaintiffs time to show authority for bringing the action. F. O, Hellstrom presented the Com- pany A side of the case. He read: at length from minutes of the board of directors meeting. of the corporation, affidavits by Major A. B. Welch, of Mandan, and others, authorizing the commencement of the suit and ratifi- cation of action which had been taken to recover the property. During the course of his argument he referred to an affidavit which had been presented: by defendan/:s and signed by H. T. Murphy, Ferris Cord- ner, Wm. Murnane, Geo. Smith, Nor- man Flow, Alfred Jasper and others. Hellstrom’s cbntention was that sig- natures of some of the men who sign- AT THE THEATERS | MAE MURRAY IN HER ! LATEST, “PEACOCK ALLEY” With Mae Murray in the stellar role of “Peacock Alley,” which comes ‘o the Caiptol theater goon, motion pic ture fang will have the opportunity to see this beautiful star of stage and screen in one of the most elaborate of productions, “Peacock Alley” presented by Rob- ert Z. Leonard, is by Edmund Gould- ing based on a story by Ouida Bergere and is released by Metro Pictures Corporations for Tiffany Productions, Inc. The story of a PariSian dancer who falls in love with a small town American youth and, finds her hus- band’s people scandalized when she goes back to his home, iresulting in| the couple seeking their fortunes in New York, ig one which gives Miss! Murray unisual opportunity to ap- pear in many gorgeous and artistic costumes among elaborate settings. i Among the notable cast which a Miss Murray in interpreting this romance of two countries is Monte Blue in the leading male role, Kd- mund Lowe, W. J, Ferguson, Anders Randolf, William Tooker, Howard} Land, William Frederick, M. Durant and Jeffrys Lewis. Robert Z. Leonard directed it. Oliver T. Marsh was the photographer. Ea THE ELTINGE There is a dancing act in “His Back Against the Wall,” which is the at- traction at the Eltinga Saturday, that would put the famous Castle team to a test. Raymond Hatton, that well- known and excellent character actor, ‘WRITES OPEN LETTER TO MR. DAUGHERTY ‘Washington, April 28.—W. 0, Watts, special agent of the department of justice, who was removed from office ‘by direction of Attorney General Daugherty “for disloyalty to the de- partment” in that he had given in- formation as to alleged government irregularities in war contract inquir- ies to a member of congress, made public through Representative John- son, Republican, South Dakota, “an open letter’ to ‘Mr. Daugherty. “It is particularly gratifying to me to note,” he wrote, “that you did not feel. warranted or have the moral courage to charge me with disloyalty to the government. This you cannot do. (My loyalty to the government is life-long .standing. I have followed and defended the flag in the Spanish- American war, the Philippine insur- rection and the late war. My record of dovalty, is well known and unimpeach- able.” IMPORTANT => DISCOVERY BY WRIGHT Jamestown, North Dakota, Feb, 28— Dana Wright, who has developed into mcre than a mere diletanti in estigating the archaeology and an lore of North Dakota, believes he has made an unusually important discovery in the finding of a hither- ‘to unexplored group of Indian mounds along the James river about seven miles due north of Jamestown and on the sw 1-4 19-141-62, Fully 25 mounds, possibly the remains of the THE BISMARCK TRIBUNE. Mr. Wright, together with President Kroeze’ and ‘Professor Thomas’ of Jamestown College, expects to ex- plore the find more carefully in the near future, : MINUTES OF THE PROCEED! oF THE BOARD OF CITY COM- ONERS April 24th, 1922, it: y Commissioners n. Monday eve- Monday evening. The Board of C met in regular s ning, ApriNadth, 192: P. There were pre: ut eight o'clock, . a ent Commission- ers French, Henzler, Larson, and_Pre- sident Lenhart. The minutes of the ng held on April 17th, 1922, were and approved, On motion of Com- joners Laurson, duly seconded and carried, the bills were allowed as read. On motion of Commissioner French; duly seconded and carried; sidewalks were ordered to be constructed along the north side of Avenue F from 7th Strect to 8th Strect and along the east side of 7th Street from Avenue F to a point 60 feet ‘north of Avenue F and along the west side of 8th Street from Avenue F to a point 100 feet north of Avenue F, Commissioner Henz ine troduced an ordinance amend the ll ordinance, which was read ‘st. time. Commissioner Her amendments to the traf dance h for the ler move ordinances, which motion wasesecond- ed, and carried, Commissioner Henzler moved the adoption of the traffic or- a ance as amended and read for the ond time, which motion wags second- a, and carried. The Street Commis- sioner was instructed to look into the matter of low grade on Rosser Street between 7th Street and 8th Strect. On motion of Commissioner Henzler * the Board adjourned. ALtest: M, If, ATKINSON, City Auditor, NOTICE OF CHATT! SAL ORTGAGE, Notice is hereby given that, whereas default has occurred in the ‘condition of that certain cliattel mortgage exe- cuted by F, Pesonen, whose post= office is Wing, North Dakota, mortga- gor, to Bismarck Bank, a corporation, mottgagee, | aring date the sixth day of January 1919, by reason of the fail- ure of the said’ mortgagor to pay the debt secured thereby, and whereas Te oA mortBage, and the costs and expenses of these foreclosure proceedings. Dated at Bismarck, North Dakota, this 24th day of April’ 1922. BISMARCK BANK, Mortgagee, y BENTON BAKER, Attorney for Bismarck’ Bank, Mortgagee i ,WHY WOMEN GET DESPONDENT Are not women naturally as light- hearted, brave and hopeful as men? Yes, certainly; but a woman’s organ- ism is essentially different from a man’s—more delicate, more sensitive and more exacting, (Women in deli- cate health are more dependent, more nervous, more irritabla and ‘more des- pondent. When a woman develops nervousness, sleeplessness, — back- aches, headaches, draggingdown pains and melancholia she should lose no time in giving Lydia EP. Pinkham’s Vegetable Compound a fair trial, as it will quickly dispel such troubles. This root and herb medicine contains sale, no drugs and has been the standby of foxygen, ‘American womanhood for nearly fifty years.—Adv. Men — Buy your shirts, hose, hats, ties, during Siegal’s big DOGS SIGHT RESTORED Lewiston, Minn., April 28—An un- PAGE THREE WANTED—First . class shoemaker. ‘Crewsky shoe shop. 109 rd St. 4-28 tt ‘FOR RENT—Two rooms with kitchen- ette for light housekeeping. Also. combination bookcase and writing desk and davenport for sale. Call 1 Thayer St. or Phone 672M," 3: 4-28 1 wk = usulal operation was performed here when the sight of the right ey destroyed in an accident was was restored ito a dog owned by John Ludwig of Minneiska, The dog was run over by Ludwig’s automobile and the right eye pushed ‘out. Ludwig, touch- ed by the animal's suffering, took it to a physician, who after administer, ing an anesthetic, restored the eye to ‘the ‘socket, e The New. York Chamber of Com- merce was established in 1768. Human body contains 6 43 per cent TET EE TI USED CARS FOR SALE Ford Speedster ........$150 Ford Coupe ........2...$350 1921 Ford Coupe...... $475 1921 Ford Sedan.....,.$600 LAHR MOTOR SALES COMPANY. dirt lodges of the ancestors of our own indians, p s of the real ab- origines of this vicinity, are in the group, The little village is especially ed it were obtained by fraud and mis- representation and that with one ex- ception they had not been sworn be- and Shannon Day, are the dancers, and ‘they certainly can dance! To make a long story short, Miss Day came to there is now due and’ unpaid on said indebtedness to the undersigned the sum of two thousand and fifty ($2050) dollars together with interest thereon fore a notary as inditated in the afti- davit. Hellstrom desired to put men ‘on the stand to ‘be questioned regard- ing it, L. Young, defense attorney, ob- jected to this, saying it was not ger- main to the case. His contention was sustained. Young declared that there was no authorization’ for commencement of nhe action shown by plaintiff’s coun- sel. He held officers of the newly or- ganized Company A were without au- ‘thority to take action and claimed that those in charge of the corpora- ition were mustered out of service when war was declared and the cor- poration went out of existence. Mr. Hellstrom declared Major Welch was the president of the corporation and former captain of ‘the company aNd was authorized to employ attor- neys to begin the action. Judge Nuessle said the crux of the maljter wag whether or not the period; of existence of. the corporation ended when the company was mustered into federal service. He said there was right to bring the law ‘suit somewhere, and thatthe questidn was whether the proper steps’ had been taken. Argument was conlimued this after- noon, x | DEADLOCK ON WAGES CONTINUES) New York, April 28—The deadlock between newsprint manufacturers and. workers in United States and Canada remained unbroken when the confer- ence called to discuss a new wage agreement broke up today, Both sides declined to recede from their posi- tion. Both delegations declared a strike at the end of the present contract April 30 is inevitable. Balloting begins Sunday, { GITY NEWS | & ee a Undergoes Operation Mrs. Paul Boswick of near Bismarck entered ‘the St. Alexius hospital yes- terday and underwent an operation ‘this morning. Hurt In Accident Paul M. Fisher was severely injured in a runaway accident on Monday on hig farm near Garrison. He was brought to Bismarck to the St. Alexi- us hospital and jis receiving ‘treat- ment for ‘a compound fracture of bot bones of the right Jeg and other t juries. He is getting along as well as could be expected. i Rotary Team Loses The Rotary club volley ball 4eam came back from Jamestown today re- porting a fine time socially but an ua- pleasant time on the volley ball floor. The Yocal team was defeated 4 out of 7 games, Bismarck men who made the trip were: Phil Meyer, J. J. Mac- Leod, Eugene Leonard, Bob Webb, J. W. Tanger. Don’t forget to buy your ticket for the May Dance. Try ‘our Special Chinese Dishes. McKenzie Hotel Ladies—Be sure and visit Sie- gal’s Big Sale’ Dance « every Tuesday, Thurs day ‘and Saturday evenings a 8:30 at The Coliseum. 10 Cents per dance. ‘ = HG Isso casy not to have oily skin or shiny Hose as most cases yield readily to Combination Cream and Loticn at heme employed in ad dition to Marinetlo Milk Mask Used and heartily ene dorsed by more than 5,000 of the best beauty shops. [st Hart's Marinelto Shop, the movies straight from the Follies, where dancing was her specialty. “His Back Against the Wall” is a Picture that has scenes all the way from a New York cafe to a Western desert. A ‘two reel comedy and an Avsop Fable are also to be shown. Fancy French Pastry, Pies and Cakes, baked in our own bakery. McKenzie Hotel. Appeals To High Court Conscience Washington, April 28.—An appeal to the “conscience” of the supreme court is made in a brief filed by Rob- ert A. Widenmann, an unsuccessful litigant. The brief asserts that the people are “entitled to be fully in- formed as’ to what, if any, are the limitaltiong upon the delegations of authority of their legislative ‘servants in proposing and ratifyng amendments to the Constitution.” Widenmann .sought to have set aside a9 unconstitutional the prohibi- tion amendment and his qase was dismissed without opinion. Insisting that he is entitled to a decision by the court stating its rea- son, Widenmann declares that unless the obtains it “the servants of the people have become ‘the people’s mas- ters, for they can exercise any power they choose and not account to the people.” The public servants of the people are full of “pretensions,” he adds, and not amenable to “authority and control” especially over their “per- sonal and private habits, which 1s admittedly unprecedeNted and extra- ordinary.” CORNS Lift Off with Fingers Doesitt hurt a bit! Drop a little “Freezone” on an aching. corn, in- stantly that corn stops hurting, then shortly you lift it right of with fin- gers, Truly! Your druggist ,sells a tiny bottle of “Freezone” for a few cents, sufficient to remove every hard corn, soft corn, or corn between the toes, and the calluses, without soreness or irrita- tion. well located for protection by the surrounding bluffs; there are many springs, considerabe timber, and a general layout finely adapted for a hunting village, with, also fertile lev- el sites for their simple gardens. The village eite is surrounded by land in the present Seiler, Bonner, Wilson, Jaskowski, Stein, and the old Mor- gan farms, Sheriff Wright in his exploration picked up a perfect: small stone hat- chet head, about the size and shape of a mediumly large smooth, Irish potato; two more common, larger stone hatchet heads also were found. at the rate of ten per cent per annum from and since the said sixth day of January 1 erefore, the prop- rty described in id mortgage, to- : Seventy head grade Hereford cat: tle from one to four years old; twenty: one head work horses, three to ten} years old; five/head yearling colts; one J. I, Case Gas Tractor, size 20-40, bought, in 1914; ohne J. I. Case thresh- ing Separator, size 32-54, bought in 1914; or so much thereof as may be neéessary, will be sold pursuant to! power of salo in» said mortgage ‘con- tained, at public sale, to the highest bidder for cash on Saturday, the sixth day of May 1922, at two o'clock in the afternoon of said day at the front door of the livery barn.in Wing, coun- ty of Burleigh, State of North Dakota, to satisfy the debt secured by said Right up to the Spring---the price is also mighty popular The SKINNER A hat that is deservedly popular The JACKSON $3.00 $4.00 minute in style TONIGHT FRIDAY LOIS WILSON | ‘ JACK HOLT | CONRAD NAGEL | —in— | “THE LOST ROMANCE” K-I-N-0-G-R-A-M-S OUTING CHESTER TOMORROW—SATURDAY | Raymond Hatton in “HIS BACK TO THE WALL” Comedy and Aesop Fable. HARRY. IKB/ EVANS an Fi : “Is Coming Back With 14 People. ALL NEW. NEW FACES. AT THE “RIALTO —Starting— Room 4, Hughes Bldg., Opposite G. P. Hotel, Bismarck, ‘TONIGHT AND SATURDAY Matinee Saturday at 2:30 Monday: iii 3 fn ise. see The Noted Western Star HOOT GIBSON i —in— “THE BEARCAT” A production filled with action and absorbing interest. —also— ' Two Reel Sunshine Comedy “THE DUMB BELL” Capitol MONDAY, MAY 1st Taffeta Dresses Canton Crepe Dresses The ‘ Season’s Newest Colors Values up to $49.50 SPECIAL De Chine Dresses Satin Dresses Here is real buying opportunity presented by this sale. There is not space enough in this advertisement to mention all the exceptional | values that are offered. Only an early visit to this store you with the full importance of this event. will impress $17.50 | 19c 25c Theatre ) 27 inch Ginghams Imported Zephyrs 75c 89c 19c National Gingham Week ENDS TOMORROW If you haven’t made your selections we still have ample selections to insure satisfactory choice. 32 inch Zephyrs 29c 35c 45c Tissue Ginghams 59c 75c 85c