The Bismarck Tribune Newspaper, July 11, 1922, Page 2

NORTH DAKOTA HAS NEARLY 78,000 FARMS “67.8 Per Cent of Our Farm Land Is Improved; Value Is $1,759,788,995 North Dakota produces * more spring wheat than any other state in “the Union, more rye than any other ‘two: states and half the flax of the entire United States, a folder pro- : claiming the wonders of North Da- kota proclaimed to the editors of j the National Editorial Association when they stopped here on their way “westward this morning. The folder was the work of the combined efforts Tof “the various State Departments _ and the North Dakota Good Roads = Association. It will be later used as one of the folders of the Good Roads department. Between pictures of the Bad :Landg, the Roosevelt cabin on the * State” House grounds here and other pictures of North Dakota most of =them with some especial reference to Roosevelt’s time and“ days, the = eompilers of the volume have work- “ed in a number of interesting facts ~ concerning the state. North Dakota has 77,690 farms, according to the folder, the statis- Eties of 1920’heing used and at the same time 67.8 per cent of the farm = land was improved. These farms = were valued at $1,759,742,995.00 with its. attendant property. The state had a million and a half in beef and _ dairy cattle at, the time of the last Zcensus. :%« * 3 ‘The farm averaged in value, in- = eluding all property, $22,651.00 while 2 the, cattle of the state averaged $2,- + 026.00. for each farm. , In‘ 1922 crop acreages for the state were included in the folder, showing the editorial passengers thé! magni- tude of the ficlds of grain through 2 which they passed from the first peep * of daylight until. they entered the Badlands. The 1921 production also was stated, the record being put for- ward without a word of the condi- = tions under which the-total was achieved. 919 MILES OF ROADS REBUILT Work has been completed or is being done this .season. on 319.9 miles of federal aid road work in North Dakota, at a total cost of $1,400,194.58, according to H. @& Wray, assistant chief engineer of the State Highway Commission. : This amount of work probably will * be increased until a. total of up- wards of $2,000,000 .of, road, work is » done this season, - : ‘A wave of good roads building has 2 swept the state in the last few * weeks, according to evidence, at the - highway commission in the form of © requests for plans and specifications for road work. = made for surveys and plans. and spe- cifications for probably 150 miles of . federal aid road work which cannot be-done this year,, according te Mr. ‘Wray. Because of a general endeayor to economize in the various counties of ; the state requests for plans for > roads was light during :the winter and early spring, according to Mr. Wray, but following a sharp reduc- tion in road costs as was shown when’ the first contracts were let. there was a general demand for Foad plans. _ Of the 319.9 miles of road work under way, 217.9 miles are earthen grade while 102 miles are gravel surfaced. The total average price per mile on contracts let this year for earthen road projects is $2- 674.87. Gravel surfacing, with gravel = material furnished by the ‘county, thas added $1,795.50 per mile to the = cost of roads on which the surface ‘has been used. a tree cae basses "FARMER DIES “IN AUTO SMASH Raub, N. D., July 11—W. H. Cooley, farmer of near Raub, was ‘killed when the auto in which“he: was rid-: ing, overturned. His skull was crush+|- ed. Bennie Dalby and Harotd “Lar- gon, companions, were both injured. Dalby was semi-conscious for several ‘hours. Larson was hurt about the me and leg. , . Just before the party departed, Fay Cooley, son of the ‘dead Bam warned that in driving the car him- self, he‘had noticed something wrong with the steering gear. i ieiend stands by you when need. — istharck people tell now. Don's Kidney Pills have stood the test. yMrs;"H. Steinmetz of 113 Second St.; endorsed -Doan’s ten years ago} and again confirms the story. Could you.ask for more convincing testi mony? “Some time ago I used a couple ‘of boxésof Doan’s Kidney Pills from Lenhart’s Drug Store and they..curea me of a severe dull aching through the small of my back,” says: Mrs. ‘Steinmetz. “I had been ‘annoyed for Some time with a lameness and sore ness through my loin and a tired and languid feeling. I got no relief. un- til I learned of Doan’s Kidney Pills.” (Statement given October 17, 1940.) On October 13, 1919, Mrs, Stein- metz said: “The cure Doan’s Kidney Pills made for me some years ago is still permanent. i am glad to again ‘endorse them and I always recom- Mend Doan’s to my friends when ‘hear them complaining of kidney trouble.” 60c, at all dealers, Foster-Milburn Co. Mfrs., Buffalo, N. Y. equests have been) + Dees , ‘When mother says, “Yes, ! “M. Bourdon, Lyons, ‘France, making 30 miles.an hour. Navigating on Dry Land go rowing but can do it with @on’t. go near the water,” his land-going rowboad, | MANDAN NEWS |Guards Reduced in Local Rail Yards; Peace Prevails The 50 guards whq were hired by the Northern Pacific officials for the purpose of policing the Mandan yards have been reduced to about 5 ; during the day time and 12 at night. Everything about the railroad dis- trict continues to be peaceful. Although the Great Northern, Bur- lington, Milwaukee and various oth- er roads have posted warnings stat- ing that strikers would lose their seniority claims and other rights if they were not back to work by July 10, the Northern ‘Pacific has not done this yet. Sidney Lusk, ‘ex-service man who was ‘bumming his way’ from Seattle to Minneapolis and. who had a squab- ble with Special Agent A. W. Brady in the local railroad yards Friday night, left Saturday without waiting to press his suit of assault and bat- tery. Brady said that he beat Lusk when the latter threatened him, Lusk asked State’s Attorney L. H. Connolly to have a warrant issued for Brady, but Lusk left town Sat- ‘urday before the time set for the hearing. Miss Lois Larson returned yester- day from Simms where she has been visiting for the past week. The Ladies Auxiliary of the B. R. T. will meet this evening at 7:30 o'clock at Rovie hall. ni J. W. Mason and family left yes- terday for Des Moines where they were called by the death of Mr. Mason’s brother. - Mylie Nelson returned from Grand Junction, Colorado, where he has been visiting his brother, D. D. Nel- son, yesterday. Mrs. A. W. Bentz and children of Nekoosa, Wis., have returned to their! home after a visit with, Mrs. Bentz’ sister, Mrs. Cleve: Kennelly. W. H. Ordway of Selfridge was a visitor inthe. city Sunday. Mr. and Mrs. G. J. Thompson and Miss Sophie Thompson of Hettinger visited with friends here Sunday. “W.-N. Scharitz of Glen Ullin called on friends here Sunday. E. A. Ripley left Sunday for Far- go on. business. Mr. and Mrs. William Sawtell and daughters, Misses Beulah and Myrtle, ‘and Mr. and Mrs. Ted Heisler and family left Saturday for Detroit, Minn., where they will enjoy several weeks ‘at the lakes. Chris Fleck, have entered the hos- pital for treatment. Mr. and Mrs. S. Robertson of Self- ridge were visitors in the city Sun- day. Mr. and Mrs. Oscar J. Olsen and Miss Edith Bird returned from Al- Ynent. yesterday. #\: cea Miss Audie Readinger left Sunday ;for St. Paul and the Twin Cities \where she will visit with friends for a few days. Mrs. J. Sanders and daughter, Miss |Janet, of Wallace, Idaho, arrived in ithe city yesterday as guests of Mrs. John and James Fleck, sons of; F. W. McHenry. The Mandan Chapter of American War Mothers will meet at the home of Mrs, James’ Melarvie this after- Wing room "Battleshio” locomotive ‘and two coal cars. noon at 2:30 o'clock. Mesdames R. Christenson, P. Fristad, and Charles Reynolds will assist the hostess in entertaining. Miss Marie:.McGinnis of Sweet Briar who has been visiting here for a number of weeks past returned to her home yesterday. Mrs. James .Regan and daughter, Miss Rita, and Miss Cantwell left yesterday for Saskatchewan, Canada. Mrs. J. P. Hoff of Flasher apent Sunday visiting with friends here. D. M. Helland of Carson was business yisitor. yesterday. (SUPREME COURT‘ $¢——————__—_——_-—_+ From Burleigh County. E. ©. Heckenlaible, Plaintiff and Ap- pellant, z vs. @ S. D. Cook, Defendant and Respond- ent. Syllabus: In an action for an accounting,’ where the plaintiff claimed credit for $321.00 bonus under an agency con- tract, it is held: (1) The evidence shows that the consideration for the credit which had been agreed-upon Was that the plaintiff should continue his activity as an agent of the defendant for the remaining two months of the year and that this consideration had failed, | (2) The evidence offered to prove the consideration for the agreed credit was admissible as against an| objection based upon the parol evi- dence rule. Appeal from the: district court of] Burleigh county, W. L. Nuessle, J. Affirmed. Opinion of the Court -by Birdzell, Ch. J. : Grace, J., concurs in the result. ~ Scott Cameron, Bismarck, attorney for plaintiff and appellant. Newton, Dullam & Young, Bis- marck, attorneys for defendant and respondent. i _ From Burleigh County E Harvéy. Bauernfeind, Plaintiff and. Respondent, , vs. ; R. A. Nestos, Governor of the State of North Dakota, et al., Defend-, ‘ants-and Appellants. Syllbus: Where a returned soldiers’ com pensation act provides for the pay- ment of $25.00 per month for each, month of ‘engaged service in the war, to a resident returned soldier, in or-| der in which the claims received,, filed, and approved, out of special: fund created by the levy of a direct tax annually. And, where the Adjutant General, under the supervision anu direction of! the Industrial Commission, is granted the statutory authority, in his discretiom. to give priority to claim. And, where, in an attempt to ex- pedite the present payment of claims that may be deferred for several years by reason of insufficient funds, the Industrial Commission and the Adjutant General have ordered or consented to .a contract with certain investment companies which pro- poses to discount all soldiers’ claims 18 per cent, by an -arrangement through which the Commission pur- chases all soldicrs’ claims at 82 per cent of their face and issues notes therefor to the investment compa- nies. which, in turn, furnish theg equivalent in cash less 3. per cent commission, and binds the Adjutant General and the Industrial Commi: sion to give priority to all such pur- chased claims and not make any other. contract with any one else concerning the same. It is, held, in an action to restrain the making of such contract, viz: (1) ‘The ‘returned Soldiers’ Fund is a public fund: t in public. monies. (2) The Industrial Commission The monies there- “HIS MASTERS VOICE” ‘’ Tportant: Leok for the Victor Tal a Ia No. 50 as it appears when beingearied, The: ‘vinding-keyis remoyed anda inside the lid. The sound-box fs also securely fastened. Nictrola. It » signifies. is Victrola can here you go nd it plays the same vise as the largest Victrol value, and Victrola to most musical satisfaction. Victrola—all withstands the wear and tear of oe SK today Victor products, se trade-marks. Under the lid. On the label. king Machine Company — Camden, New Jersey See and hear this portable Victrola - at the store of any dealer in la g0 that the name a patented features, Victrola ne-quality insure the ut- And the construction travel. has no authority to bargain by con- tract, their statutory discretion se as to legally bind its future exer: cise by them or their successors, oF. so as to inhibit the control of’ the legislfture. thereover. (3) So far as much proposed con- tract may be considered a loan, or. .the pledging of the state’s credit the Industrial Commission have no power so.to do. Action, of injunction. in district court, Burleigh county, Nuessle, J. The defendants have appealed from an order overruling: a demurrer ‘to the , complaint Affirmed. son, J. Robinson, Opinon. of the t, Sullivan, Hanley & Sullivan, at torneys for Plaintiff and Respond: ent. Sveinbjorn Johnson, Attorney Gen era}, attorney for Defendants and Apellants. FROM BURLEIGH COUNTY. STATE OF NORTH DAKOTA, upor. the relation of Carl R. Kos! Plaintiff and Respondent, vs. Wil- liam J. Prater, Defendant and Ap pellant. SYLLABUS: Where, concerning the office of the Commissioner of University and ~ fbisty - Court by Bron- 4, concurring specially. Spreading ralls.. Dayton, 0. | Engine fs ere J. B. Cooper and family were fdas. ee ee two feet trom ee eee. School -Lands, the statute provided that the commissioner's term of of- fice should be for two years and should be at a Iltimes subject to the immediate control of the board who appointed him, and, where, in the. re- vision and codification of the law in 1895, the statute was changed so as.to provide, for the commissioner, ‘a term of two: years. subject to re- moval by the board, and where, upon investigation of the legislative history of the act no legislative in- tent is disclosed to change the law or the legislative policy, it is held: (1) The general» presumption ob- tiins that the codifiers did not intend to chatige the law as it formerly ex- isted. i (2) Changes made in the revision of the.‘statute by alteration of the phraseology. will not be regarded as altering.the law unless there is a clear intent shown so to do. -(3)In ascertaining the legislative, intent reference may be had to the prior’ statute, ES (4) The. statute, now ‘sections 285 and (296° Ge. L. 1913, upon principles of statutory construction, grants to the board an arbitrary right of re- moval. Proceeding of mandamus in district court, Burleigh county, Nuessle, J., to compel the defendant to deliver up the office of commissioner to the re- lator appointed by the board. The defendant has appealed from a per- emptory writ in favor of the relator. Affirmed. Opinion of the court by Bronson, J. Grace and Robinson, JJ., specially ‘concurring. Sveinbjorn Johnson, Attorney Gen- eral, George. F. Schafer, Asst. Attor- ney General, Attorneys for Plaintiff, and Respondent. a { William Langer, W. S. Lauder, George E. Wallace, Attorneys for De- fendant and Appellant. \ FROM WARD COUNTY. MABEL KAWABATA, Plaintiff and Respondent, vs. Roy Kawabata, De- fendant and Appellant. SYLLABUS: Where it is sought to have a mar riage annulled under subdivision 4, Sec. 4368, C. L. 1913, on the ground that the consent thereto was obtain- ed by fraud, the complaint. must set forth. the facts showing such fraud as is contemplated by the statute; also the time and: place where the marriage was celebrated and the date of the discovery, of the alleged fraud." Appeal from the district court of Ward county, Lowe, J. The defendant appeals from an or- der overruling a demurrer to the complaint. ! a Reversed. Per curiam opinion. ‘ Grace, J., specially concurring. Fisk, Murphy & Nash, of Minot, N. D,, Attorneys for Appellant. E. T. Burke, of Bismarck, N. D., and J. E. Burke, of Minot, N. D., At- torneys for Respondent. From Dunn County. JOHN HELLEMONS, Plaintjff ani Respondent, vs. John Knudsvig, Defendant and Appellant. SYLLABUS: In an action to recover damages through alleged wrongful acts of the dcfendant, where the deferdant claimed that the plaintiff had voi tarily surrendered his rights under the lease and had given a bill of sale for the personal property for ad) agreed consideration, it is held: (1) The evidence is sufficient to support the verdict in so far as it it based upon a rescission of the set- tlement on the ground of duress, ‘Appeal from the district court of Dunn county, H. L. Berry, J. Affirmed. Opinions of the court by Birdzell, Ch. J. . Grace, J., concurring specially. ——————— ee Standard and Portable. Sold. Rented. Repaired. Bismarck, N. D. Lucas Block. for breach of an agreement to lease real property for a certain period 6! time and for deprivation 0 pi 'ntii.’s interest in certain personal yreper‘y |), Underwood Typewriter Cog | because they’re trained to thi i | Pres:» $06 Front St., Fargo, N..D. FOR GOOD HOME TAILORING | Also Cleaning, Pressing and Repairing done by workmen who know how. @ NICHOLS, THE TAILOR JULY 11, Crawford & Burnett, Dickinson, at- torneys for defendant and appellant. 't, F! Murtha, Dickinson, and T. H. H. Thorsen, Dunn Center, attorneys for plaintiff and_ respondent. D. B.C. TYPISTS "WIN 20 MEDALS Two “Underwood” Silver Medals and 18 bronze medals were recently won by’students of Dakota Business College, ‘Fargo, N. D. John Slaughter and Viola Grasse have each a silver token of ‘‘excep- tional ability in typewriting.’” D. B. C. graduates carry off many prizes in life—they “‘win’? better positionsbecausethey’ vebeen taught actual business methods as well as textbooks. They ‘“win’’ promotions Ik. 230 became bank officers. Now is the tinie'to “Follow the Pucce$Stul.”” Write F. L. Watkins, ‘Phone 896