The Bismarck Tribune Newspaper, May 30, 1922, Page 7

NOTICE OF SCHOOL ELECTION (Special District—Annual Election). Notice is hereby given, that.on the First Tuesday in June being, dune 6, 1922, an annual election will,be held at Will School in the Special School Dis- trict of Bismarck No. 1, County .of Burleigh, State of North, Dakota for the purpose of electing the following Da members of the Board of Education: ‘Two members to. serve for a term of therein, has filed. in this Court his petition, praying that letters of ad- ministration: upon ‘the ‘estate of Annie ‘Avery, late of the City of Bismarck, in, the County of Burleigh and: State’ of forth Dakota, deceased, be granted to. R. G. Phelps, and ‘that the said petition will be heard and duly considered by this Court on Wednesday, the 21st day. of June, A, D, 1922, at 10 o'clock in the forenoon of that day, at the Court Rooms. of this Court, in the County Court House, in the City of Bismarck, County of Burleigh, and State of North tioner aukota, and you, and each of you, are hereby cited tobe and appear before ‘this Court at said time and place, and} three years for the City. of Bismarck,! answer said petition, and show cause, The polls will be. opened at a.m. and closed at 4 o'clock p.m, of that day. Dated Bismarck, North Dakota, this 20th day of May, 1922. By the order of the Board of Edu- cation, RICHARD PENWARDEN, Clerk, erk, , 5-20 to 6-5 CITATION HEARING in APPOINT- MENT OF ADMINISTRATOR. STATE OF NORTH DAKOTA, County of Burleigh.—ss. In County Court. Before Hon. I. C. Davies, Judge. In the Matter of the Estate of Fer- dinand Lambrecht, Deceased. August H. Lambrecht, Petitioner, vs. Carl W. Lambrecht, A, R. Lambrecht, Lena Rosolack, Mollie Rosolack, Henry Lambrecht, Ed. .Lambrecht, Minnie Kuhlmann, KF. W, Lambrecht, and Otto Lambrecht, Respondents. The State of North Dakota to the Above Named Respondents and all Persons interested in the, Estate of Ferdinand Lambrecht, Deceased: You and each of you are hereby no- tified that August H. Lambrecht, the petitoner herein, has filedin, this Court his petition, praying that letters of administration upon the estate of Fer- dinand Lambrecht, late of the town. ship of McKenzie, in the County of Burleigh and State of. North Dakota, deceased, be granted to. August H. Lambrecht, and that the said ‘petition will be heard and duly considered by this Court on Tuesday, the 11th day of July A. D. 1922, at 10 o'clock. in the forenoon of that day, at, the,.Court Rooms of this Court, in the County Court House, in the City of Bismarck, County of Burleigh, and State of North Dakota, and you, and each. of, you, are hereby cited to be ‘and pppesr before this Court. at said time and. place, and answer: said petition, 'an@ ‘show cause, if any there be, why the prayer of said petition should not be. granted, By the Court: (SEAL) I. Cc, DA Judge of the County Court. Dated the 15th day of May; A. D, 1922. Let the service of the above citation be made by publication in the Bis- marck’ Tribune once each week for three successive weeks, all not less than Ewenty days before said hearing. (SEAL) ‘ I. C. DAVIES, Judge ofthe County Court. 5-16-23-30 SUMMONS STATE OF NORTH DAKOTA, COUNTY. OF BURLEIGH—zs, In District Court.. Fourth Judicial District. pees Gottfried Kikul, Plaintiff, vs. Charles F, Paine, and all other persons -un- known claiming any estate or interest in or lien or encumbrance upon the property described in the complaint, Defendants. The State of North Dakota to. the| above named Defendants: You and each of you are hereby sum- moned to answer to the complaint in this action, which was filed in the office of the Clerk of the District Court on the 6th day of May, A.D. 1922, and to serve a copy of your answer to said complaint upon, the subscriber, at his office in the City .of Bismarck, in the County of Burleigh, in the State of North Dakota, within thirty days after the service of this summons upon you, exclusive of the day of service, and in case of your failure to appear or an- swer, judgment will be taken against you by default for the relief demanded) ied by an offer of compromise. in the complaint. Dated at Bismarck, North’ Dakota, this 6th day of May, A. D, 1922. EDWARD S. ALLEN, ‘Attorncy-for Plaintitt. Residence, Office and Post Office Ad- dress, Bismarck, North Dakota. NOTICE & You will please take notice that thé above entitled action relates to the fol-| lowing described real property, situ- ate in the City of Bismarck, jn the County.of Burleigh, in the State of Nonth Dakota: The south two thirds (2-3) of Lot .3 in. Block .3, Northern Pacifle Addition to the Cily of Bis-|for plaintiff and respondent. marck, North Dakota. That the pur- pose of this action in’to quiet title of sald real property in plaintiff, and that no personal claim is made against any of the said defendants. EDWARD S. ALLEN, Attorney for Plaintiff. Bismarck, rece paren 1922.) First publication May 9° . \ f P 5-9-16-23-30—6-6-13 NOTICE ‘AND. CITATION,. HEARING OF FINAL ACCOUNT. AND DIS- TRIBUTION OF ESTATE .__ STATE.OF NORTH DAKOTA, COUNTY OF BURLEIGH—ss. In County Court Before Hon. I. C. Davies, Judge. In the Matter of the Estate of Gustaf William Anderson, Deceased. William E. Lips, Petitioner. vs. John E. Anderson, Anna-Ennis, Clara Tor- geson, Carl A. Anderson and all other persons interested in the estate of Gustaf William~ Anderson, deceased, Respondents, og The State dfiNdrth Dakota to the above named Respondents: You, the said: John E. Anderson, Anna. Ennis, Clara Torgeson, Carl A. Ander- son, and all other pefsons : in the estate of Gustaf William Ander- son, deceased, are hereby notified that the final account of the administrator of the estate of Gustaf William Andor- |. son,-tate of-the town of Cromwell, in the Coumpy of Burleigh and State of North ota, deceased. has been ren- dered .to “this, Court, in. showing that the estaté of sal 2 4 ready for final settlement and distri-\ bution, and petitioning. that (his ac- count ‘be allowed, the residue of said estate be distributed to the persons thereunto entitled,” his administration closed and he be discharged; that Wed- nesday, the 14th day of June, A. D. 1922, at ten o'clock -in the, forenoon. of that’ day at the court rooms‘of this Court in the court house, in the City. of Bismarck, County of Burleigh, and State of North Dakota, has been duly appointed by this Court for. the settle- ment thereof, at which time and place any person interested in said estate may appear and file his exceptions in writing, to said account, and petition and contest the same, And you, the above named: respond- ents, and each of you, are hereby cited and required then and there to be and appear before this Court, and show cause, if any you have, why sald ac- count’ should not be allowed, the resi- due of. said estate . distributed, the administration of_said estate closed and said William B, Lips be discharged. Dated the 6th day of May, A. D. 1922. By the Court: (SEAL) I. ©. DAVIES, Judge of the County Court. Let the foregoing citation be served by publication in Bismarck Tribune four times once each week. I. C. DAVIES, Judge of County Court. ¥ 5<9-16-23-30 CITATION. HEARING PETITION FO APPOINTMENT OF ADMINIS- TRATOR. STATE OF NORTH DAKOTA, COUNTY) OF BURLEIGH—ss. In County Court. Refore Hon. I. C, Davies, Judge. In the Matter of the Estate of Annie Avery, Deceased, Edward S, Allen, Petitioner, vs, All} persons interested in the said estate, Respondents, The State of North Dakota to the above named Respondents and all per- sons interested in the estate of Annie Avery, Deceased: You and each of you are hereby ré tified that Edward’S, Allen, the pe CLASSIFIED ADS PAY. TRY AND SEE. neys for respondent. Rn |Court, Traill County, Cole, J., ques- 9: o'clock ' if any there be, why ‘the prayer of said petition should not He granted. By the Court: (SEAL) I. C, DAVIES, Judge of the County Court Dated the 9th day of May, A. D. 1922 Let the: service of the above citation be made by publication in the Bismarck Tribune once each week for three suc- cessive weeks, all not less than twen- ty days before said hearing. (SEAL) ™ flare of tke County Court udge o: e Coun’ . (First publication May Fa 1322) NOTICH TO CRE! ‘ORS In the Matter oi ihe Estate of Qnt; J. Collman; Deceased. ue Notice is hereby given by the under- signed gonn Ss. allman Executor. of, the Last Will of Ontje J. Collman; late| of the Town of Ridott in the County of Stephenson and State of Mlinois, de- ceased, to the creditorg of, and all per- sons having claims against, said de- ceased, to exhibit them with the ne- cessary vouchers,. within six ;months, after the first publication of this no- tice, to said Executor at the office of Sullivan, Hanley & Sullivan, at Man- dan, N, Dak., or at the office of H. T. Morphy. une Eisident agent, in the City smarck, .in said Burletgh County. Dated April 18th A. D. 1922. JOHN 8. COLLMAN, . Executor, rein Publication on the 18th day of SULLIVAN, HANLEY & SULLIVAN, Attorneys for Executor. Mandan, North Dakota, 5-16-23-30—6-6 DECISION OF SUPREME COURT. From Grant County ‘ Jacob Gunther, Plaintiff and Res- pondent, vs: George F. Baker, Defend- ant and Appellant., Syllabus: Plaintiff leased land from "the defendant. The lease contained a provision under which plaintiff might place improvements upon the land which he could remove at the termina- tion of the lease or sell to the defend- ant at the cost of the materials used. Defendant sold the land to a third par- ty who, in turn, sold to the plaintiff uhder contract between deferidant and third party the latter was entitled to have a portion of-all of the improve- ments made by the tenant, and‘when latter purchased from the third party the value of the improvements entered into the consideration. It-is held: (1), On the defendant’s admission that in the sale of the land to the third party he had agreed to pay for the house, certain fences, and a wind- mill at the price of the materials, plaintiff is entitled to an instructed verdict for the amount of the items not in dispute. (2) Corresppnddnce between the defendant and his agent is not pri- vileged. (3) A specific admission of fact WANTED—Man WILBUR, | DON’T LIKE BOATS VERY || Now Loo WHAT YA DONE =SPILLED ALL OUR PEANUTS's Dick, EM UP Quicit BORE 7H’ ELEPHANT BATS THEM. The Boat Left Without Them WAIT You UNTIL GET LASSIFIED. ADVERTISEMENT HELP WANTED—MALE ROOMS FOR REN’ on farm, 1-2 mile north of Bismarck. Inquire of L. J. Garske, 5-29-20 HELP WANTED—FEMALE WANTED—Girl for gencral house- work. Apply at 10 West Main. No|: phone. H. B. Nelson. 5-29-3t WANTED—Competent girl for general housework. 814 5th St. Mrs. C, E. Stackhouse, 5-27-4t FOR RENT—Two fine furnished rooms, all modern for light house- keeping on ground floor, Ice box, etc,; everything complete. ‘Phone 415-LW, or call at 723 3rd St., up- tairs. 527-lw R RENT—Modern room furnished for light housekeeping the 1st of June. Also sleeping room suitable for two. 1100 Broadway. Phone 646W 5-27 3t FOR RENT—Furnished room, : large, WANTED—Girl for general house- work. Mrs. H. J. Woodmansee, 825 4th St. 5-30-3t AGENTS WANTED airy, with closet, suitable for one or two persons,’ modern; close. in. Phone 195J,'or call 113 Thayer St. ‘. 5-29-5t upon which a liability may be predi- cated is admissible, though accompan- (4) The court’s instructions to the jury are examined and held to be er- roneous. | Appeal from.the District Court of. Grant County, Lembke, J. ¢ Judgment Modified and Condition- ally Affirmed. Opinion of the Court by Birdzell, J. Bronson, J. dissents. . W. H. Stutsman, Mandan, attorney for defendant and appellant. Jacobsen & Murray, Mott, attorneys From Mercer County Geo. H. Paul and.C. R. Eans, Plain- tiffs and Appellants, vs. Ferdinand Leutz, Defendant and Respondent. Syllabus: This is a suit for the spe- cific ‘performance of a contract and for $250,000 damages. Paul, the plain- tiff, appeals from a judgment cancel- ling the contract on the ground that: it is uncertain, unconscionable, void for want of mutuality and non-per- formance by the. plaintiff. There is little ground’ for cheputing either the law or the essential facts. To state the case is to decide it. Held, that the judgment is cléarly right and it is af- firmed. _Appeal from the District. Court of mere County; Hon. Thos. H. Pugh, Affitmed. Opinion of the Court by '}Robinson, J. Bronson; J. and Birdzell Ch. J. concur in the result. Grace and Christianson, JJ. concur specially. Theo. Koffell, Bismarck, attorney for appellants. Zuger & Tillotson, Bismarck, attor- From Traill County P..S. Waslien, et al, Plaintiffs and Appellants vs, The City of Hillsboro, a municipal corporation, the Board ;{of City Commissioners of Hillsboro, N. Dak:, et al, Defendants and Res- pondents, SYLLABUS: ; .In_an action of injunction question- ing the constitutionality of Chap. 68, Laws 1915, which authorizes any city to annex certain adjacent territory by resolution of the city council, after hearing upon a protest being filed by property owners in the proposed ex: tension, it is held: Bie. (a) That the act is not subject to the constitutional objection that it is not uniform in its operation. Z That it is not special legisla- (c) That it does not deprive the people concerned in the territory af- fected of any constitutional right of local self-government. (d) \ That it does not delegate, con- trary to constitutional provisions, a législative power. Injunction proceedings in District tioning thé constitutionality of an an- nexation statute. Plaintiffs have ap- pealed from the judgment dismissing the action. Affirmed. Opinion of the court by Bronson, J. Grace, J., specially concurring. Barnett & Richardson, Attorneys for the Appellants. C. E. Leslie, Attorneys for the Res- pondent. ANNOUNCEMENT ‘I hereby announce myself as a: candidate for the office of County ‘Auditor of Burleigh aly, at the June 1922 Prim- i Dristoll, N. D. WANTED—For Bismarck and sur rounding territory. .To sell. ladies’ and men’s silk hosiery at mill priccs direct to homes, no delivery to make, hosiery mailed direct to purcaaser. This offers .an unusual, opportunity to one who is willing to work. Noj. previous sales experience necessary, if you have a desire to be. successful and your pride is not greater than your ambition. Remember the most successful salesmen of this country began. selling direct to the homes. If your past record will stand in- vestigation and you can furnish ref- erences as to your standing in the communtiy; reply at once, state age, married or single, sales experience, if any. Address in own handwrit- ing. Allied Mills Sales Corp., 5 Wabash Ave., Chicago, Ill. POSITION WANTED FOR RENT—Two Clean bed rooms, strictly modern, reasonable price. Close in, respectable man preferred. Phone _672J. 5-26-1w FOR RENT—Room with board, suit- able for two, persons, with private family. 208 8rd St. ‘ 5-29-1w FOR RENT—One room in modern home, close to-capitol; young lady preferred. Phone 960-J 5-29-lw OU,PoPsT SPLLED Some PEANUTS CNER. TW elReus TWANEN'T ANY \DEA, TAG. WE PICKED 'EM AVL UP WITH WIS” WORK WANTED WANTED—Woman wants work of any kind-by the day or hour. Phone 19-W, or call 214 So. 7th St. 5 3 COMPETENT WOMAN wants work by the hour, Phone 936J. 5-24 1 wk WANTED TO RENT WANTED TO RENT—4 or 5 room ‘house, unfurnished. Prefer in nor- thern section of city. Address com- ‘munications to Room 39, Annex Hotel. 5-27-lwk FOR SALE OR RENT HOUSES AND FLATS FOR SALE — Party soon leaving the city wishes to sell his 5 room mod- ern bungalow, including 2 bed rooms. ‘Has porch, full basement and floor in the attic. Is near school and handy to the capital. Price $3700, on terms. Would also sell furniture, if desired. Also for gale 6 rooms partly modern house, well located with fine grounds, for $2000. Might take soldier’s bonus for down payment and then month- ly payments. Geo. M. Register. FOR’ RENT—Furnished | apartment, three rooms and bath, private en- trance, and ice and electric washer furnished. Phone 862 L. J. 5-29-1w FOR RENT—Furnished room in mod- ern house. Lady desired. Call after 5p. m._ 614 8th St. 5-27-lwk FO RENT—Two large front rooms in modern home. Nicely furnished. Call at 422 4th St. 5-29-3t FOR RENT—Furnished room, mod. ern, close in. Gentlemen ‘only. Call i 5-29-tf FOR RENT—Furnished city heated apartment. Want to buy a bed dav- enport. Also for sale, 3-4 size iron bed, compelte. Phone 905. 5-29-1w FOR RENT—A very nicely furnished modern apartment, .including piano, porches and garden al] planted, 807 4th St. 5-2! FOR RENT—Clean furnished rooms in modern house. Phone 802. 602 8th St. 5-24-1w FOR RENT—Completely furnished apartment in business district. cal i 5-29-3t 30SITION WANTED Experienced first class bookkeeper with sales and executive’ ability. References. Write Box 389 care Tribune. fs 5-24 1 wk ROOM FOR RENT in modern house. $10 per month. 316 8th St. Phone 2363. 5-29 1 wk AUTOMOBILES—MOBORCYCLES WANTED — Position as housekeeper Write Trib- ‘by. competent woman. 5-27-3t une No. 393, LOST — ee LOST—Female setter, white with half head black. Was nursing large lit- ter. Liberal reward for any informa- tion as to whereabouts. A. W. Mei- len. 5-29t£ ae ore FOR SALE—New and second hand Harley Davidson Motorcycles. Don’t buy a motorcycle until you get our prices. Write for list. | Bismarck Machine and Welding Shop. 4th St., Bismarck. 5-5-1m FOR SALE—Ford Sedan 1921 model in Al condition. Ruders Furniture Exchange, 118 6th St. 5-29-1w FOR RENT—Apartment in Tribune Building Apply at Tribune Office, 5-26 tf. modern 5-27-3t FOR RENT—Three room apartment. 1194 3rd St. _ MISCELLANEOUS g FOR SALE—One quarter-sawed oak dining room suite (almost new), Ivory Enameled Bed and dresser, child’s crib and high chair, two fibre rockers and one chair, vacuum cleaner, with attachments (Sibley), 8x10 Klearfax rug, kitchen table and numerous small articles. Call THE OLD HOME TOWN Naan NEWT THE HORSE BREAKER AND THE NEWLY REPAIRED’ FLAG Pole WERE ROTH WRECKED TODAY — ~w BY STANLEY NEWT SHES AREARIN* iG (s Syl ch Oe | foillin’ $700 CASH a $35 per month, which includes interest at 8 per cent, 1 i BUYS Modern Bungalow, two large bed rooms, bath, living room, dining room and kitchen. Hardwood flo Full basement. Furnace heat. his property is well located for school, and is di ‘able, Purchase prige ‘83700, MEDDEN REAL ESTATE AGENCY, WEBB BLOCK PHONE “0” 169J, or 116 West Rosser St., after 5 p.m. 5-29-2t FOR SALE—Kalamazoo range with large reservoir, $40.00. Also Todd Protectograph check writer, $25.00, as good as new. Phone 377W. 5-30-1w FOR SALE—New reed baby push cart also two burner oil: stove, kitchen table. Call at 515 9th St. or phone _ 818. ian 5-30-3t AUTO Baby crib for sale. Spring suspension collapsible cover. Call 288w. 5-80-2t | MARKETS | NO GRAIN MARKET Beeause today is a legal holiday the principal grain exchanges were closed. ST, PAUL LIVESTOCK South St. Paul, May 30.—Cattle re- ceipts 1,500. Mostly steady to’ strong. Common to good beef steers $6.50 to $8.75. Bulk $7.50 to $8.00. Butcher cows and heifers mostly $4.25 to $6.25. Few best offerings higher with top! $8.00. Stockers and feeders $5.00 to $7.50. Calves receipts 2,000, steady to strong. Bulk $8.50; few to $9.00 with extreme top $9.25. Hog receipts 9,000, fully steady. Range $9.00 to $10.35. Bulk better grades $10.00 to $10.25. Sheep receipts 200. Steady. Best mative spring abe $14.50, Good na- ive shorn lambs $12.00. Clipped ewes $3.50 to $6.50. tees ene MEMORIAL OF LINCOLN GIVEN TO THE NATION (Continued from Page 1) addition to that which cach standing! alone poss Site Selected More than a dozen years ago Po- tomac Park, one of the most import- ant units of Washingt:on’s great park system, and which along the Po- tomac River, was first suggested « the site for a memorial to Lincoln, The late John Hay, one of Lincoln’s secretaries and biographers, and later Secretary of State of tho United States, favored its selection. In ex- pressing his approval, ie wrote: “As I understand it, the place of honor is on the main axis of the plan. Lincoln, of all Amer ns next to Washington, deserved this place of honor, He was of the jmmortals. You must not approach too close to the immortals, His monument should stand alone, remote from .the com- mon hobitations of man, apart from the busin an turmoil of the city— isolated, distinguished and serene. Of all the skies this one, near the Po- tothac, is most suited to tho pur- pose. By means of terraces the grounds around the site are raiscd until the floor of the memorial itself is 45 feet highedr than the grade of Potomac Park, A circular terrace, 1,000 feet in diameter, first rises above the park. On its outer edge stand four con- centric rows of trees. leaving a pla- teau in the center 755 feet in diam- eter. In the c2nter of this plateau, surrounded by wide roadways and walks, rises an eminence supporting a rectangular stone é:srace wall 14 feet high, 256 feet long and 186 feet wide. On this rectangular. terrace rises the white marble memorial. All the foundations of the steps, ter- races and memorial are built on con- crete piling which extends down to solid rock. Rising from this rectangular ter- race three steps, each 8 feet high, form a platform measuring 204 fect in length and 134 feet in width. On this platform stand the 36 columns, sym- bolizing the Union, which enclose the memorial hall walls and support the upper portion of the building bearing th festoons representing the existing 48 states. This colonnade is 188 feet long and 118 feet wide, the CUTTING “Young man, can you tell me which barber it was that cut my hair the last time?” : worked here four months, inches in diameter, at their White Memorial Hall: Within the colonnade stands the white memorial hall, measuring 156 feet in length and 84 fest in width, Inside the building, the central hall where the statue of Lincoin stands, is 60 feet wide, 70 fect long and 6) feet high, while the halls where the memoria)s of the speeches arz placed are 57 feet long, 37 feet wide and 60 feet high, four Ionic columng separ- ating each of theso halls from ithe central hall. The colonnaded entrance to the memorial hall Asy45,feet wide and 44 feet high. To the eastward ov ine’ memorial, at the foot of the series of steps lead- toward the W: alagoon, or reflecting basin, 2,000 feet long and 480 feet wide. In its waters is reflecte from one end the Lingola Memorial and from. the other end tho Washington monument is pictured. It is from two to three feet deep, its floors of dark ynaterial, making the water as reflective as a mirror, Splen- did clm trees line both sides of the refiecting basin. The grounds surrounding the mem- orial slope up gently to the winding walk which -enci the entire struc- ture. Rare specimens of boxwood, trees, nestling in the corners of the temple, are each nearly 100 years old and cost about $1,000 apizee. Bach tree planted about the memorial is a selected specimen of great age. PUPILS PUT ON PAGEANT TOMGRROW D., May 30.—Students of the Minot state normal school will present their May fete on the last day of the month, Weducsday, the thirty- Minot, N. first. ‘The fete this year will be & pageant presenting the “Triumph of Health.” Miss Lulu Potts, director of ‘Physical Education is presenting the pageant and is calling upon a large number of the students of the schoor to aid in presenting the processions and tableaus, etc. that make “up an ly attractive event. Through the union of German war- riors, the German government can is- sue orders directly to more than 2,- 900,000 ex-service men in forty-eight hours, Women represent nearly 49 per cent of all the bank depositors in the Unit- ed States. —$—_—___———————— RB. S. ENGE, D. C. Ph. G Chiropractor Consultation Free columns. being 44 feet high and | Suite 9, 1i—Lecas Blech—Phone 908 ing from the entrance and extending, ington monument is’ Barber—I’m sorry, sir, but I’ve only