The Bismarck Tribune Newspaper, May 19, 1922, Page 3

s ’ ° > S q ‘ Fiat Bie a ‘ Nery F 4 f ys any / f. . oe 4 a 1 i ay A le 5 ? FRIDAY, MAY 19, 1922 GRAINMEN T0 BALLOT UPON MEETING PLACE May Change Proposed Meeting Place From Fargo to Valley City Fargo, N. D,, May 19—Members of the Grainmen’s union, ah organization of grain buyers throughout North and South Dakota, Minnesota and Mon- tana are asked to vote on the prapo- sition of changing the place of holding their annual: convention from Fargo to Valley City, in the last issue of the Grainmen’s Mirror, the official organ of the union. , At the last annua] convention, it was decided to hold the next conven- tion in Fargo at the.time*of the 'Norta Dakpta state fair, which this year wil be held July 17 to 22. During the win- ter ‘W. 'W. Miracle, former secretary hag resigned and C. P. Pritchard cf Gardner was elected io take his place. A, A. Lee, former treasurer, also re signed and has been replaced by J..B. S, Thompson of Valley City. The of- fice of.the Grainmen’s Mirror has been moved from Courtenay to Valley City, and is now printed by “People’s Opin- ion,” a Valley City paper, which is managed by I. J. Moe, secretary of the Valley City Town Criers club, and also secretary of the Valley City Chau- tauqua association. ‘ It is argued by the Grainmen’s Mir ror that holding the convention at Fargo at the time of the fair will distract from the interest taken in the meetings. A ballot is published in the pape? giving members opportunity to vote for Valley City or Fargo and alsu a speéial invitation is published from Frank E, Plowhar, president of the ‘Valley City Commercial club and I. J: Moe. The Grainmen’s union has a total membership of 1,500 it is reported. UPHOLDS BUREAU IN RULING ON PAYMENT PLAN District Judge C. W. Buttz Issues Memorandum Opinion in Case Before Him Judge C. W, Buttz, in a memoran- dum opinion, has upheld the custom and rules of the Workmen's Compen- sation Bureau under which the Bu- reay cancels jnsurance coverage if the premium for a renewal year is not paid within. sixty days after the end} of the former year of insurance, or within the time limit for payment given on the settlement:sheet state- ment sent to the employer. The opinion is in.the case of Dora Bordson vs, the Bureau. Mr. Bord- son, the plaintifi's deceascd husband, was accidentally killed in the. ele- vator of the St. Anthony & Dakota Elevator Company at Hampden, N. D., on September 9, 1920. The ele-| vator company had been insured with the Bureau from July 1, 1919, to July 1, 1920 and in August of that year sent their payroll report to the Bu- reau. The Bureau then sent a Settle- ment Sheet Statement to the elevator company, giving them until September 4th tio pay the balance due for tie past year’s insurance and the advance premium on next year’s estimate. The premium was not paid within the time limit given, and the Bureau cancelled | the insurance of the elevator company. | On tho 10th of September, the day af- ter Mr. Pordson’s death, the. elevator company sent a check to the Bureau for the premium demanded. | The company, among other things, claimed that the law being compul- sory, was continuous, and that the Bureau was liable for compensation. There was also a claim of estoppel involved in the case, The court up- held the Bureau’s contention that the) law “was compulsory -but not auto- matic,” and the Bureau was not es- topped as claimed by the claimant and the elevator company. ! The court commended the work of attorneys of both sides, and saidt “Sinca the trial of this action be- fore. me counsel have submitted a number of most able briefs, and the very earnest study that they have made in this connection and the im- mense amount if work and time that | each must have devoted to the very important matters involved in this lawsuit certainly measure up to the importance of ithe imvestjgation at hand. It is seldom that*a, trial court at least is so ably and earnestly as- sisted by such earnest and painstak- ing counsel. Their work is: particular- ly commendable in view of the fact} that to many of the p-opositions in- volved they must blaze the trail.” ‘For the Bureau the trial was con- | ducted and the briefs written by Com- | missioner Philip Buliott. . JOHN L.COULTER | TO FILL MANY SPEAKING DATES Sone one ie Fargo, N. D., May 19,—John Lee} Couter, ‘president of the State Agri- cultural College. will commence a heavy schedule of speaking dates May 20 when he will address a meeting of Barnes County School officers. Most of the talks will be-given at various commencements, including the com- Lof ousting given by the former gover- |FOR SALE—2 Ladies’ dark blue suits, TWON.D. A.C. PUPILS HAVE WRITTEN SONG Fargo, N. D,, May 19.—Two North Dakota Agricultural College students have written a song, “Our Alma ‘Ma- ter,” which is being usel here as a colleze song. The students are Rich- ard .Falkenstein, and Willis Boots, both of Fargo. The words were. writ- ten by Mr. Boots and Mr. Falkenstein4 the melody. R. ©. Dittman, another student, arranged the accompaniment. The song is being sung by the Agri- cultural College quartette, an organ- jization which has figured at many campus functions as well as for Far- go organizations. Visiting churches and hospitals of the city to sing is another activity of the quartette which expects to extend its field of action to nearby towns in the near future, FRAZIER ORDER -ISREVERSED BY DISTRICT JUDGE Men Removed ‘From Office in Burke County Reinstated By Judge’s Order Devils Lake, N, D., May 19.—District Judge C. W. ‘Buttz rendered a decision in the matter of the removal from of fice of John O. Grubb and H. A. Kirky} ilie, county commissioners of Burke county; returning them to their of fices, and reversing the order of for- mer Governor Frazier’ in removing them, The former governor removed the commissioners when several Burke county taxpayers filed charges against them alleging, among other things that the commissioners had allowed certain bills presented by tlie county treasurer without the proper certification; that the commissioners ipermitted the sale of seed and feed bonds below par; and that certain public money was deposited in Burke county banks on time certificates which deposits, the complainants ar jege, were illegally made. , , Judge ‘Buttz holds that, in the mat ter of selling bonds below par, that “Governor Frazier, on the very day he removed these officials from of fice, was contending in the supreme court of this, state that it was his right as a public official to sell state bonds below par, although the statute provided that none might be sold for less than 100 cents on the dollar.” The court adds, “against these de fendants was an afterthought, which campaign.” Judge Buttz holds that the county ‘commissions followed a custom in use in most of the counties of the stato. and that no harm has come to the cépunty because of the acts complained of, and that there is no indication of corrupt maladministration for whic? they ought to be held Jiable. ‘The court ajso agrees that the two days notice nor was insufficient. GRAPPLERS 10 MEET TONIGHT Ellsworth Finlaystn. will wrestle Tony Peterson, of Minneapolis, at the Rialto theater at 9 o'clock tonight. Doors will be open at 8 p. m. The boys are evenly matched and it should be a real wrestling bout. SHARPEN IT.’ When the cutters “in the food chop-; jper: become dull run a piece of sand-} through the chopper just as you) aper would food. It will polish the cutters as well as sharpen them. / Pape ey ELKS NOTICE A regular meeting Bismarck; Lodge 1199, B. P. O. E., will be held this evening, 8 p. mM.) May 19. Important business; and initiation. . H. T. Murphy, Exalted Ruler. | ~TED—Girl or woman to care for | small home and three-year-old child. | JYood home for right party. Call at) 402 Third street. | « 5-19 2t size 40. 1 lady’s dark blue coat— $4.00; Trunk, almost new, $12.00. | Room 7, 200 1-2 Main St. 5.19-2t| He’s Up-to-Date. mencement address at the Agricultur- ‘al College. The schedule folowing the ‘County mesting at Valley City i 25, Wimbledon 25, mencement; May 27, Cathay High} School; May 29 Cavalier High School; | May 31, Fairmount High Schnol; June | 1. Jamestown High School; Milnor High School; June 4, Burke County Farm Bureau; June 7, Fire Festival, Fargo; June 8, Fargo Higa | School. - After delivering talks in connection with commencement week at the col- lege, President Coulter will give the commencement address at cee State Normal, June 15. High School com-! June 2 ee ‘Jimmie may belong to an ancient put he’s up-to-the-mine Dressed in his | pe face of men, ute in his habits. nightie he listens to a radio concert | - before retiring. i develored in the heat of a politcal], {another story. THE BISMARCK TRIBUNE COMING TO AUDITORIUM y Mire 42w Merry MoCo L.2y, We Crows nice 3 Lele LATICES PEOPLES’ FORUM | oo ANSWERS ROARBACKS To the Editor of the Bismarck Trib- une: In reply to a purported resolution and petition emanating from an anony- that a reply be returned to P, O. Box i arck, North Dakota, there are so many inaccuracies therein that it would seem unnecessary to reply nor should jt receive any attention by any one. However, as the Chairman of the Board of County Commission- ers of Burleigh county, which coun- s the first to take action to- the building of the bridge and o done all within its power to ers of Burleigh sary burden and erference with other people’s and in connection therewith stood sponsor for’ Project No. 126, I desire to state that the esi ast of Project No, 136 was $2 which sum will be reduced consider- ably the distribution of the expense in payment of same being as follows: Northern Pacific Ry. Co, for its un- der grade viaduct ............$12,000 Federal Aid, paid by the United States 20.00. ccetee eae ces en $7000 Burleigh County, to be paid by tax s of the County and from already, assessed and appro- priated for the construction of the bridge oss. es eeeeees 5 15, This simple statement of fact: brand as uatrue and false the state- ment that Project No. 126 is over pri- vately owned land and that it will $81,843. No one receives one ny compensation for the right of way from Main Street in Bismarck to the Northern ‘Pacific Railroad em- bankment on the west side of the Missouri, a mile beyond the bridge, the same having almost entirely, on hoth sides of the river, been donated by Captain 1. P. Baker. Project NO. 126 was originally ected by the government of the United States as ‘he one proper r as being the only economically feasible route. As to any desire on the part of the City of Bismarck to improve Rosser street to the river exclusively at the expense of the city..of..Bismarck is THat prin and de not in any Way ¢@bnnected with Fed- eral Aid Pro No, 136, or the bridge;. nor is the attempt on the pagt of some ‘p-wple to build a grade cross- ing ombraced in this Government Project, although the killing of a few people at the expense of the taxpay- ers of Bismarck probably will not in- terest the sronsors of this anony- mous petition. sep All of Rosser street is in’ the City of ®ismarck and the cost of any im- provements thereon must be borne en- tircly by the property owners and tax- payers of the City, as no Federal Aid can or will be given for improve- ments in an incorporated city, nor will the government give aid to any puoject that embraces or contemplates a grade crossing. The expense of road from Main street to the bridge, and the viaduct under the railroad will be paid by the jsovernment, the . Norhern -:Pacifig kailway Company and by Burleig! County, no tax being placed on the residents of the city of Bismarck, ex: cept as they are citizens of the coun- ty of Eurleigh. If the city authorities desire they may also. pave Rosser strce: to the bridge, but have not the taxpayers of Bismarck been burdened cnougn by paving and special im- provements without placing more up- on their shoulders when a better road will be constructed without the city being assessed a dollar? It seems rath- er peculiar that the men who have bean asking the county commissjon- ers to illegally’ expend money in Mor- county should not ask that the city of Bismarck be taxed for an im- provement that is offered to be borne spy the Government of the United e ‘Northern Pacific Railway and, by the County of Bur- leigh. When tho bridge is completed and vehicular traffic is permitted thereon, the amount of traffic in a compara- tively short time will be enormous and to talk about a grade crossing when it is possible to have an under grade viaduct (ard all at no cost to the city Pisr is so childish and pre~ would appear ‘as if ust be some ulterior and stn- ister motive back of this active work hy thes2 anonymous projectors. Respectfully. i EDW. G. PATTERSON. Prone | With the Movies nv STIRRING NORTHWEST STORY IS MIX’S NEXT Tom Mix is coming to the Capi- tol Theater, tonight in “Up and Go- ing,” a stirring story filmed by Wil- liam Fox, of the great Canadian Northwest, where some men fight like heroes to force the wilderness to give up its riches, and wherg others fight like devils to wrest frgm_ the heroes that which they have gained —including gold and ~~ women; where the spirit of adventure is ever in the air. The story, written by Mix and Lynn F. Reynolds, is that of an. Eng- lish lad, born in the Northwest, whose father falls heir to a fortune and a title and returns to England—where, when the lad has-grown to man’s es- tate, he fails to tin the hand of a girl he loves and returns to the Northwest to seek forgetfulness. In this» North- west is his mother, who his father had told him was).dead. There, too, is his childhood sweetheart. The. compli- cations that arise. make an_exciting story that ends in a-thrilling fight and rescue. An underwater hattle is said to be a big feature of the picture. THE ELTINGE “Come On Over” with Colleen Moore as the star is the feature at- traction at the Eltinge for this Fri- day and Saturday. It is a breezy, wholesome, chuckle- some story of an Irish lad, Shane O’Mealia, who secks his fortune in the United States, 1 Monya, his sweetheart, to be “ for out” when he lands a good job. Shane is unfor- tunate and loses job after job. ‘The years go by and onya i brought over by friends. She think: Shane is in love h Judy Grady and there is a great to-do until they are swept into each others arms at aj contest of old Irish dances. Alfred Greene directed the comedy in association with the author. Colleen Moore, who made such a big hit in Rupert Hughes’ previous photoplay, “The Wall Flower,” is cast as Moyna, and Ralph Graves who leaped’ into screen prominence with his perform- ance in Griffith’s “Dream Street,” acts the part of Shane. Others in the cast are J. Farrell MacDonald, Kate Price, Kathleen O’Connor, , Florence Drew, Mary Warren, James Marcus, Harold Holland, Monti Collins and C. E. Mason. CORNS Lift Off with Fingers = Doesn’t 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- {dent near Nice on the French Reviera KING GUSTAVE I$ LOVED BY HIS SUBJECTS His Injury Sustained In Recent Automobile Accident, Caused Great Anxiety NICE HIS FAVORITE HAUNT Stockhoyn, May 19.—The slight but painful injury sustained by King Gus- tave of Sweden in an automobilé acci: ilas revealed once more the affection which the Swedes cherish for their monarch. The accident caused great anxiety throughout Sweden, even after it was officially announced that tie king’s hurts were not serious, for the King is rather frail and nearly 64 years of age. King Gustave has chosen Nice as hig favorite haunt and playground when he seeks relaxation dnd recuD, eration from the cares of state and he is one of the most popular and wel- come guests of the resort. His amuse- ments there included playing bridge with friends and tennis with Mlle. Lenglen, the French champion, and (@arl Balfour. In spite of his age, King Gustave still plays a brilliant tennis game and is looked upon as-one of the best ama- teur players of Sweden. A stiff ganic} of tennis or bridge always puts him in good humor, and his witticism on these occasions are quoted throughout the Reviera. The French newspapers have been publishing a story of a little incident that occurred at Nice to illustrate his wit. The King and Mille, Lengien as hig tennis partner and she was play- ing on the right hand side of the court. The king frequently encroach- ed on her territory jifl/his zeal to re- turn the ball; whéreupon} Mile. Len- glen admonished him to “keep to the left Your Majesty,” and once gave him a gentle push. At thesend of the game the king ig reported to have said to his part- ner: “You remind me of my premier for you are always telling me to keep to the left.” Premier Branting of Sweden is head of the Socialist.party, which in par- liamentary language is called “the left.” Dance every Tuesday, Thurs day and Saturday evenings a 8:30 at The Coliseum. 10 Cents per dance. CAPITOL THEATRE “ Tonight and Tomorrow Tom Mix “UP AND GOING” Light-hearted. Laughter-loving. Laughter-making. Adventure gets him into trduble. But—he gets into love by himself. ; Dashing, dargdevil star in a wonderful drama of the far Northwest. ‘Tremendously thrilling battle under water the big climax. Performances 7:30 and 9:00. Matinee Saturday 2:30. Friday AUDITORIUM ‘iy MAY 26 “Greatest of His Day’—“Best Since Irving and Booth”— “Best of the Generation”—“Finest Since Edwin Booth”— “Spirited, Thrilling Performances.”—N. Y. Press Comment. “Easily the Unique Event of the Dramati¢ Year.”—New York World. FIRST TRANSCONTINENTAL TOUR OF THE GREAT AMERICAN ACTOR WALTER MPDEN| “THE SERVANT IN THE HOUSE” * Charles Rann Kennedy’s Well-known Drama (With Mr. Hampden in his original role of Mason.) PAULSON GETS THE SURPRISE OF HIS CAREER He Never Thought Anything Woild Rid Him Of Stomach Trouble And Rheumatism NEW YORK POST: “He is definitely and incontestably at the head of all American tragedians.” BOSTON TRANSCRIPT: “America’s ablest actor.” CHICAGO AMERICAN: “Acting of the highest order.” PHILADELPHIA NORTH AMERICAN: “Most distinguished dra- matic event of the year.” BALTIMORE EVENING SUN: “His acting: is unparalleled.” MAIL ORDERS NOW Address letters, checks, postoffice money-orders to Harris & Wood- mansee. Include self-addresssed stamped envelope. PRICES: Lower floor $2.75, Balcony $2.20, $1.65, $1.10. Gallery 55c. . Including tax. Like Tanlac Did, Declares Minneapolis Citizen — Has Fully Recovered. “I didn’t know if 1 would ever be well again or not, but I got the sur- prise of my fNfe from: Tanlac,” said Helmer ‘Paulson, 619 Seventh Avenue South, Minneapolis, Minn, “I had a stubborn case of stomach trouhJe that cheated me out of many a meal. My appetite was neatly gone and [I could not digest the little I did manage to eat. It bloated me with gas, and cramping spells almost laid me out. Then I had rheumatism in my arms and shoulders and it looked like everything was bothering me. “T kept an eye on a friend Who ‘was taking Tanlac and he picked up s0 fast I tried it. Well, it made a clean sweep of my troubles and I couldh’t tell there ever was anything the mat- ter with me. I always will be a friend of Tanlac.” Tanlac is sold by all good a nd WANTED TO RENT Five or six unfurnished rooms, modern. Box 386, Tribune. ES ed druggists oe T PEWRITERS All makes sold and rented Bismarck pewriter Co. Bismarck, LOWER PRICES On Cleaning and Pressing. Bring your cleaning and pressing here and get our special prices. Best work possible. Hats Block and Cleaned. Eagle Tailoring and Hat Works 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. | | Dance every Tuesday, Thurs i day and Saturday evenings at, 8:30 at The Coliseum. . 10 Cents/ per dance. | Opposite Postoffice. Phone 58 We Call For and Deliver. Two Offices For Rent Bismarck Realty Co. TONIGHT FRIDAY and SATURDAY “IT’S A SAD DAY I PUT FOOT ON THE OCEAN” Monya had waited weeks and weeks for him to send for her—then she came without notice. And the very first thing she heard was her sweetheart promising to meet another at the priest’s. No it’s not an eternal triangle— but everlasting fun—Rupert Hughes combining the laughs of his “Scratch My Back” with the heart tug of “The Old Nest.” The punch of a shillalah, the sweetness of an Irish rose—and fun fresh from the “ould sod.” KINOGRAMS—TORCHY COMEDY MATINEE EVERY DAY 2:30. ET I TEL LOTTE