The Bismarck Tribune Newspaper, October 21, 1922, Page 2

STATE URGES FULLPAYMENT UPON HOUSES Brief Filed in Wallace Home _ Builders Case by Attor- ney-General sserts Wallace Has no Re- dress Because of Violation For Building The decree of District Judge omas Pugh to the effect that per- ons for whom houses were built by he Home Building Association of he state are required to pay only the estimated, or “verbally agreed” brice of the houses, which is 61 per ent less than the actual cost as own by Attorney-General Svein- bjérn Johnson and Assistant At- George F. Shafer, hppealiing the case. As attorneys association, which would : sums of money if the ecree of Judge Pugh is upheld, point out numerous questions bf law on which to base their con- entions, George E. Wallace, former state ax commissioner, whose case is in fSpute, is barred from asking the house built for him be given to him} ‘or $5,280, the price fixed by Judge ugh, instead of $11,720.45, the price fixed by the Home Building ssociation, because he was violat- ng the state law in making his al- le&ed verbal contract for the con- Bt ion of the house, the state as- @eidtion attorneys contend: Say Law Violated t The state’s brief points’ out that Vallace admitted the estimated cost s given to him was in ecess of $5,- DOO.: The law provided that “no fhome shall be built, or purchased nd ‘sold, at a price to exceed five housand dollars, except in the case j farm home.” he alleged contract to sell, if one was made, was not only made without ‘authority, but is violative of the express terms of the statue,” isay . the state association’s at- orneys. “We take it that no cita- tion of authority is necessary to stablish the legal principle that il- | legal or valid contracts will not be etrforced by a court’ of equity, nor, indeed, can an action for damages ibe founded upon a violation of any ilfegal or invalid contract.” After quoting the, provision of ai ‘the brief says: “By this pro- vision the legislature clearly in- tended that the- officers of the Home Building Association should have no authority to purchase, build or sell any home, not a farm | home, at a price to exceed $5,000; land ‘we believe any attempt to do so on the part of the officers was a futile act and any contract in de- Togation of this provision is in- valid, and, consequently, unenforce- able.” Contends No Authority The association also contends that Wallace showed no authority on, the part of . former Manager Blakemore or James Baker to agree upon a price for the houses. It is d@lared the Industrial Commission alone had this power, but could de- legate it, and it is further contend- ed that the records of the Industrial Cammission show that the power was not delegated. It is pointed out that just before the Nonpartisan league Industrial Commission uit office, November 23, 1921, it made contracts for sale of homes to E. E. Rimbach, former state purchasing agent; J. B. Adams, former manager | of: the association; George Totten, former member of the board of ad- HANKFUL FOR A LITTLE CHILD rs, Mertz Tells How Lydia Pinkham’s Vegetable Compound Helped Her . Kutztown, Pa. wish every woman ho wants children would try fy dia E. Pinkham’s Vegeta- table Compound. It has done go much for me. My baby is al- most a year old now land is the picture of health. ‘s e walked lateleven months and iis trying to use her little tongue. She can say some words real thse I am send ing you er: picture. =iI sh: be thankful Tone! asTlive that I ube such a won- irfu] medicine for my troubles.” —Mrs, HAMLEs A. MERTZ, Kutztown, Pa. (Many cases of childlessness are cura- ble.:: Perhaps yours may be. Why be scouraged until you have cites Lydia Pinkham’ s Vegetable Compound a ithful trial? Spoken and written recommendations om: thousands of women who have und health and happiness from its use ve come to us. We only tell you what say and what they polar: Wer peters that L; E. Pinkham’s is ‘50 well adapted oy Pe ee which might cause pa cubis that good will come to you Merit is is the foundation of Lydia E. inkham’sVegetable Compound. Ithas hind it a record of nearly fifty years, $100 REWARD AND NO = QUESTIONS ASKED. For return of $500 lost Eiberty Bond, well defaced and well marked all over with my name. Judge Robinson. BAYS LAW VIOLATED) yj o'clock p. m. ministration, and George Totten Jr, former state manager for the league, and that on November 23, 1921, its last day in office, it adopt- ed a resolution authorizing convey- ance of the house of William Lemke. records, as made by the Equitable Audit Company, to prove that the cost of the house was $11,720.45, | Wallace claimed the state associa-; Judge Pugh found Wallace should have a rebate of $99.25 for electric fixtures he bought. In presenting the case, Attorney- General Johnson calls attention of the court to the fact that there are about 40 houses in which the same general questions arises, and’ asks | the court to lay down a broad rule on which the Industrial Commission | . can act in settling the affairs of | the home builders with the Home Builders Association. REV, DEWHURST ACCEPTS CALL 10 STILIWATER, Resignation of Rector of St. George’s Church Is Tend- ered Here i Rev. T. Dewhurst, rector of St. George’s Episcopal church, has ac- cepted a call to the pastore of the} Episcopal church in Stillwater, Minn. He will take charge of the parish there on December ~1. The call to the church is a high compliment to Rev. Dewhurst, as the Stillwater Episcopal church ranks high’ in’ Minnesota, It is with regret that the members of St. George’s church will learn of | his resignation. Rev. Dewhurst came to Bis- marck in October, .1920, from Emerson, Canada. During the two yeats he has been in ‘ Bis- marck Rev. Dewhurst and mem- bers of his family have made scores of friends. The church has! |made much progress, Under Rev.| raised a considerable sum Of; money for betterment of the} church property, and -the attend- ance and membership has increas-! ed. Rev. Dewhurst has been ac- tive in civic affairs, REPORT DEATH OF 2 WORKMEN TON. D. BUREAU The death of two workmen, in- jured in the course of their em-! ployment, has been reported to the Workmen’s Compensation Bur- | eau this week. Fred Vietz, a miner, for the Spring Valley Products Company, at Glen Ullin, North Dakota, while blasting coal was struck by the explosion of a shot when he walked back to re-light what he had’ supposed to be a mis- Shot and was instantly killed. Mr. Vietz is survived by a widow and two minor children. Adolf: N. LeBrun was killed in an accidént when the motor truck, which he was driving for the Co- coa Bottling Works at Fargo, North Dakota, collided with an- other truck. During the past month the Bureau has ‘had one other death accident. William Albers, employ- ed by the McCanna Blevator Com- pany, McCanna, North Dakota died from Tetanus, which resulted from a_ piercing wound to his hand which happened while work- working |ing at the elevator. The employers of all three de- ceased workmen were insured with the North Dakota Bureau. St. Georges Episcopal Church 10 a. m. Church Sunday school. 3 p. m. Confirmation class, 7:30 p. m. evening prayer and mis- sion address. At 11 o’clock service Madame Herman Scheffer will be the soloist. Calendar for the Coming’ Week Thursday at 7:30 choir rehearsal. Friday 3 o’clock Mrs. Tyler w:il address the Ladies’ Guild in the Parish House at 3 o'clock. Friday -at 8 o'clock confirmation service conducted by the Right Rev: Bishop Tyler D. D. Friday at 9 o'clock the Bishop will meet the vestry after the con- firmation service is over to talk over important matters in connection with the Parish, We give a hearty invitation to all to attend St. Georges Church and Church Sunday school. _ Christian Science Society Corner 4th Street and Avenue ©, Sunday service at 1:00 a. m. Subject: “Probation After Death.” Sunday School at 9:45 a. m. Wednesday evening _ testimonial meeting at 8 o'clock. A reading room is open in the church building every Tuesday, Thursday and Saturday, except legal holidays, from 2 to 4 p. m. All are welcome to attend these services and to visit the reading Toom, South Side Mission & Charity Society ~ ‘Regular services every Sunday at 10:30 a. m. in German and at three in English. Sunday school’ from 2 to 3 An both langu- ages. The Charity Society will meet for omen eemmnua a Straserecemenritmaarnnnrynnninerennre Tailoring The State association relies on its | tion offered to build it for $5,280. | Dewhurst’s leadership the church’ “ THE BISMARCK TRIBUNE : ae DIZZY SPELES? look One Word of This |_ Winona, Minn—“At middt€ life I was terribly distressed with heat jflashes, and smothering spells, 1 would become quite dizzy at times, too. I bought a bottle of Ds, Pierce’s Favorite: Prescription and | felt the benefit right away, so Ikept on taking it until I was safely through that critical period. It was really remarkable how quickly Dr. Piered{s Favorite Prescription ’ ! lieved me of all my distress and\ J came through middle life. in excel- lent health. I praise this good medi-4 cine at every opportunity.”—Mrs. Rose Buse, 416 High Forest St. Write Dr. Pierce’s Invalids’ Hotcl in Buffalo, N. Y., for free medical advice or send 10c for trial pkg. of j tablets.—Adv. their monthly meeting next Tues-| day evening at 8 o’clock in the Church, Sweet and 16th Street South. Help is always expected from that party or whose heart the Lord is laying it., J, B, HAPPEL, Pastor. J. B. ALSBURY, Asst. Pastor. Trinity English Lutheran Church Corner 7th and Avenue C. Services Sunday, morning evening at the usual time: Morning topic: “The Lord’s Day.” Evening, “The Destination of Man.” Sunday school and confirmation class after morning service. Next week, 24th and 26th, circuit meeting at Driscoll. Topio for discus- sioh: “The Story of Cornetius,” Acts 10. You are wélcome. I. G. MONSON, Pastor. and FIRST BAPTIST CHURCH | Corner fourth St. arid ave. B. J. R. Johnson, Pastor. 10:30. Morning worship and ser- mon, “Why a Baptist?” by Evan- gelist Naylor. JESSE L:LASKY _ LILA ‘LEE Ano for all If You Have Heat Flasher or Smoth-| Adults. | ering Spells, You Should Not Over- 6:30, B. Y. P. U. A live meeting 12:00 Sunday school, Classes from kindergarten to of the young people o° the church ‘and their friends., - 1:00; Evening worship and ser mon, “Jonah, the Runaway”. Rev- erend Naylor. Good spirit. The revival meetings now in pro- singing and a’ friendly gress will continue next week. McCABE METHODIST EPISCOPAL CHURCH Dr. L. F., Halfyard, Pastor. | 10:30 A. M. Public Worship, “Music by the quartette. . Sermon theme: “The test of”a Christian”. j 12:00 M, Sunday School. All boys and girls. n¥t already connected” with a school’ ate in- vited. Let all the teachers and scholars be present, 6:30 P. M. Junior League. Leader, Winnifred Halfyard. Instruction given by the pastor. | 6:30 P. M. Epworth League? ,~ This isa helpful devotional meeting for Come and bring. a friend: 7:30 P. M. Public. Worship. Music by the Chorus Choir. Sermon theme Luke 4; 1-13. This will be a practical gospel message, The public are cordially invited, Wednesday 7:30 P. M. Prayer meeting. MANY WOMEN IN ATTENDANCE Cleveland, 0. Oct. 2 Oct. 21 -—More than one-fourth of the delegates attend- ing the triennial convention here of the Phi Beta Kappa, honorary scho- astic fraternity, Were women. One of the leading figures of the convention was Miss Olive. W. Den- nis of Baltimore. Instead of désign- ing hats she plans bridges, being a civil engineer and one of twelve wo- men in the United States" actively the young peoplé.|. LPH LPH NITA NALDI TUESDAY-WEDNESDAY and THURSDAY ELTINGE THEATRE “TONIGHT SATURDAY Fun that’s fast and fe ous— . WALLY REID with the help of Lila Lee, Walter Long and others, furnishes lots of laughs, yes, roars in “The DIC- TATOR.” We got fun at the Eltinge ; tonight all right. Don’t * miss it. MON ANITA §S In “THE INVISIBLE FEAR.” DAY’. TEWART Pe ed terete ee cencneeeresN na KEE IN Dry Cleaning: | Men’s Furnishings “BLOOD AND SAND” \ Tuesday-Wednesday-Thursday* *~ cnn nmnnwemnmunenn ri Bismarck. following employed Baltimore Jude Florence E, Allen of, Cleve- land was another of the women dele- gates. SOLDIERS ATTENTION. Soldiers of Sanish American war, who haye June 5, 1920, should do so at. once. New law passed for widows of said soldiers. for reply. MRS. 10-21-2b E. F. for North Dakota for the past) two years who has just re- turned Europe where he has made a careful OPEN ‘EVENINGS. 9 and This Christmas ——_1e——_ your | only gift that only you can make the time for a studio appointment. Slorby Studio Successor to. Holmboe. Expert Kodak Finishing, and Pieture Framing. Get The Habit Of Sending Your Hides And Furs To Us For The Best Tanning; BISMARCK, N. D. such as robes; coats, fur sets, chokers, tens, gloves, caps, buck- skin, dak harness, lace and sole. leather. Seiden and repair work. ‘e are ‘always in the mar- ket for raw hides, furs, and junk.; Write for free price lists and tags. THE BISMARCK HIDE & that profession. She 18) conditions, in the head office of the & Ohio railroad. Oct. 24. He brings a special congress. not applied under Act at Write at once, send’ stamp ERMA W. HIGGINS, Pension Attorney, New Castle, Ind. Tey it when a Laxative is needed and © eee the wonderful results Thousands 1 es is not necessary to take a Ladd, state senator violent physic for so simple an ailment as constipation. Yet many thoughtless parents give mercury in the form of calomel, and coal-tarin the form of phenol when a_ natural vegetable com- Pound like Dr. ‘aldwell’s Syrup Pepsin will do the work equally well and without dan- ger. Peo should realize that mercury may salivate and in certain conditions loosen the teeth; that phenolphthalein, by whateve? name known and how- worth; fpamit tT wilt iG igre Address Washinston. i’ nout from:a trip through study of agricultural ‘ears. erous that 10 ‘Hoskins Block. your mo: ever disguised in candy, ma‘ ‘ Phone 408 cause dermatitis and other skin nainés of ES eruptions; that salt waters and the package. ———— lers ‘may concentrate the wd Bic , dry up the skin and cause lassitude. ne can take Dr. Caldwell’s Syrup Pepsin yourself or give it ibe in arms, as thousands of mathe do every day, with the confidence that it is the safest ‘and best medicine you can use for af Conall ‘tion and such com- plaiats teaspoonful will re- e “you over Teht even if the constipation has been chronic for TAKE DR. CALDWELIS until Anderson of B. a bottle of Pepsin into pliotograph — the eadaches, And _ now is Syrup Pepsin Helps — Nature Give Relief Uremselves, * wh lazatis I gladly fe Bate f Write hee ones Dr. epsin is a compound of senna and pepsin with tasting aromatics, and Foes not cramp or gripe. Every druggist handles it, and bottles are so gen- only about a cent a dose. You buy it with the understanding that if it does not do as claimed ANY: FAMILY MAY TRY IT FREE parents are asking can I find a Lore five that anyone in the use when constipated?” prone There Cale, 515 “st” “Monticte Minois. Caldwell's Syrup an the cost amounts to will be refunded. ‘The the ingredients are on Mrs. A. Arceneaux of Orange, Texas, suffered from constipation for six ‘yore and found no rélief ie took Dr. Syrup Pepe: and Mrs. Caldwell’s Gus Ball, Kans., corrected her bowel trouble sohat she now eats and sleeps normalJ: Yi Bring Dy. Caldwell’s Syrup our own home and let the family use it for consti- pation, biliousness, wind, gas, flatulency, and to break up fevers and colds. SYRUP PEPSIN save money by - having —and— YOUR OWN hides and furs made into. useful articles, The Second Round rugs, mit- We also do . “Next Harold Lloyd. MAX SENNET’S “Down On The Farm” of “THE LEATHER PUSHERS” A series of two reel boxing pictures feat- uring Reginald:-Denny. Aisle Over? T Monday Only FUR CO. in “QUEENIE” SHIRLEY MASON SATURDAY, OCTOBER 21, 1922 will ae at the message to the people of the!. Auditorium Tu@Sday evening, state whom he represents in ‘P2M-~S9.L—“ANLVAHL TOLIdVO ‘sanyL-- “man i nn ‘ WE \we Swe Nw R--For Revolution R--For Republican For which“R” Do You Stand? Are you thinking of voting for Frazier, | ~ cause his name is “ON THE REPUBLICAN BALLOT?” If You Are | Think It Over First Read the following paragraph from a sbeech made | ' by Frazier in Bismarck on Labor Day. ' He said-this: just be- “I hope to God we can change things here by the’ use of the ballot. Ithink wecan. But if we can’t, it may be necessary to have another just revolution.” Does that sound like Rpublicanism? No! ‘Does that sound like the teachings of Lincoln, Mc- Kinfey, Roosevelt |and other great Republicans? Cer- tainly not! ' Do you want your vote to help send a man to Wash- ington who talked Revolution?,. No! Do you think revolution and Republicanism mix? Of course not. Take no chancé. Send a safe man to the U. s. Senate. Vote for O’Connor for U. S. Senator. For which “R.” do you stand? (Politica! BPW AW DAI Burleigh County Joint Campaign Committee. 3 W! FINVA LNOLLOANNOO V; Apawo3 15010019 >. ILE WW AA... FE. Sur 91n}e19}1] 40 A10}S14 au} . a1eS 3S9}¥015 OL Oy) s anyway 4 aan }