The Bismarck Tribune Newspaper, November 6, 1922, Page 7

¢ we 4 WHEAT UP ON WAR RUMORS 2 (By the Associated Press). Chicago, Noy. 6.—Wheat took a sharp upturn in price today, chiefly a¢ a result of reports indicating seri- ous friction between: the Turks and the allies. The fact that’ Liverpool quotations were lower counted asa dominating bearish influence here at the start, but active buying on the part of houses with eastern connections led soon to~& gencral change of. front. Bulls contendéd that increased European anxiety to be provided with bread stuff supplies was to be looked for. The opening which varied from ‘unchanged fig- ures to %e lower with December $1.14% to. $1.15 and May $1.14 | to $1.144%4, was followed by material gai@ all around. The advance carried May delivery to a new high price record for the season. Most of the new speculative dealings were in May. Prices closed unsettled, Yc to 1%e net higher, with December $1.16 to $1.16%6 and May $1.15% to $1.15%. rn about equal the season's ‘prices for all months. The close was firm, %c to 1 cent net, higher, with December 69¢ to 69¢ @ 69%e. Corn and oats were governed by the action of wheat. After openirg %e to %e lower to %ae higher, De- cember. 68%c to 68%%c the corn mar- ket scored a moderate “generai ad- vance, Oats started unchanged to lower, December 42c, and showed gains on all deliveries. Higher quotations on’ hogs gave a lift to the provision market. - me later ¢——____—__—.——o tC NEWS OF WALL STREET oO (By the Associated Press) New York, Nov. 6—Resumption of profit taking and short sélling, at- tributed in part to the uncertainty of tomorrow’s election, and the cri- tical Turkish situation, took pla at the onening of today’s stock mar- ket. Railroadj equipment, oil and steel shares weye the hardest hit, the losses ranging from large frac- tions to three points. Cooper shares moved against the downward trend, reflecting the improved statistical position of the industry. There were a few strong spots, notably May De- partment Store, Virginia-Carolina Chemical preferred Tobacco, all up 3 to 4 points. The early afternoon market pre- sented numerous features of strength among ,the orfinarily inactive stock, with the high priced issues continu- ing prominent. Business continued on a restricted scale, the complexi- ties of the foreign situation and, the forthcoming holiday restricting buy- ing in a large measure, while the bears seemed disinclined to press their early advantage owing to the broader demand for numerous in- vestment shares. - Thx reaction was temporarily \halted by the development of unusual + strength in merchandising and chain store issugs, which advanced in spec- tacular fashion. Woolworth, soared 14% points to 202, a new: high: Kresge 914: to 184, and May Depart- ment Stores 5% ‘to 165%, also a.new, high. Several other ‘high priced stocks also -showed _ impressive strength, Otis Elevator jumping six points. Mexican Petroleum ‘rallied four points from its early low and several other active issues also hard- ened 1 to 2 points. Trading became more. quict, however, as prices ad- vanced. Call money opened at 5 per- cent., CHICAGO LIVESTOCK- (Sythe Associated Press) Chicage, Il, Nov. 6.—Hogs — re- ceipts 84,000; 10 to 15¢ higher. bulk 150 to 210 pound averages $8.50 @ $8.65; good 220 to 280 pound butch- ers around $8.70; top $8.75; packing 5 pigs $8.50 @ $8.75; y $8.30 @ $8.75; medium. weight $8.5 @ $8.70; light weight $8.45 @ 8. light light 840 @_ $8.60; packing sows smooth $7.50 @ $7.90; packing sows rough $7.15 @ $7.60; killing pigs $8.50 @ $8.75. Cattle -~ receipts +29,000; quality / plain; better grade corn fed steers beef cows and heifers strong; other grades beef steers and butcher she stock slow; early top matured steers $13.25; bulk native beef steers of quality and condition to sell*largely at $8.50 @ $11.00, approximately half run western grassers; canners, cut- ters and bulls steady; veal calves steady to -25c lower; stockers and feeders slow; _ bulk early $9.00 @ $9.50; bulk best bo- logna bulls $4.00 @ $4.25; bulk can- ners and cutters $2.85 @ $3.00. = Sheep receipts 21,000; fat~native lambs opening strong to 25¢ higher; early top $14.10 to city butchers; $13.75 to packers; western mostly feeders; no early sales; one double good fleshed. poor mouthed Montana feeding ewes $6.10; sheep scarce}. around steady. SOUTH ST. PAUL LIVESTOCK (By the Associated Press) South St. Paul, Minn., Nov. 6.— Cattle receipts 2,000; market slow, generally steady to weak; three good best fed yearlings held around. $9.00; common and medium _ beef steers ,$4.50 @ $8.00; top westerns early $7.50; best load lot $7.00; but- cher cows and heifers $2.75 @ $7.00;.| bulk under $4.25; canners and cut- ters $2.00 @ $2.75; bologna bulls largely $3.00 @ $3.50; few heavier. $3.75; stockers and feeders $2.00 @ $7.50; bulk $4.00 @ $6.00. Calves re~ ceipts 1,500; market steady, quality considered; best lights largely $8.09 @ $8.25; seconds mostly $4.50 @ > $5.00, Hogs receipts 10,000; market Tange $7.25 @ $7.90; bulk $7.50 @ $7.85; around 1,500. Pigs here $8.50 @ $8.75; bulk $8.65. Sheep receipts 5,500; lambs strong, sheep steady to 25c lower, bulk fat lambs $12.7: some .good to choice Dakotas held to $13.00; bulk light $6.25; heavies $3.00. pi ssa A FLOUR UNCHANGED (By the Associated Press) Minneapolis, Wov. 6—Flour un- changed. Shipments 88,203 barrels. Bran $23.00 @ $24.00. POTATO INQUIRY LIGHT (By the Associated Press) ~ Minneapblis, Nov. 6—Potatoes very light wire inquiry, few sales; demand slow; movement | draggy; market weak, little change in prices. Sandland district carloads f. 0. b. usual terms, Minneapolis and St. Paul rate, sacked per cwt. partly graded white varieties 70¢ @ 5c, mostly 70c. Red’ River Valley points carloads oe and Lorillard | \ ie ati REY f.,0. b. usual terms, Moorhead rate, partly graded, Red“River Ohios 60c @ 0c, mostly 65¢, CASH WHEAT FIRM _ (By: the Associated Press) Minneapolis, Nov. 6,—Best cash wheat was ‘wanted at the opening! today and the early offerings were light and in fair to goed, demand. Corn receipts increased sharply }and the tone was easy from the start. Qats scemed to be a little better. Rye started off firm at six cents over December but dropped to five cents over which seemed to be top fer most of the stuff in eastern cars. Barley was in better demand and about unchanged and firm: Flax receipts were fair pnly and demand was snappy. i LIBERTY BO! (By the Associated Press). New York, Nov. 6.—Liberty bonds at 1 p.m: Ch aces First 4's Second 4’s - First 44's. + 99.18 ‘Second 4%’s +++ 100,00 |Third 44's . 99.12 Fourth 4%’s {4%’s uncalled 4%’s called ... New 4%’s + BISMARCK GRAIN (Furnished by Russell-Miller Co.) | Bismarck, Nov. 6. 1922, No. 1 dark northern . No.1 spring ... No. 1 amber durum No. 1 mixed durum ..- No. 1 red durum No, 1 flax .. No. 2 flax No. 1 rye . WHEAT STRONGER (By the Associated Press) Duluth, Minn., Nov. 6.—Threaten- ing developments in eastern Europe and anxiety of operators to reduce any short: lines over the holiday led to strength in the wheat market to- day. The market was strong at the close with active bidding, November wheat closed 1%c up at $1.12 nomi- nally; December %% cent up at $1,11 % nominally; May 2c up at $1.12 nominally; November durum closed 1%c up at’:$1.00% bid; -December 1%c at 93%¢ asked and May 1%c-'up at 95%c bid. ‘ Spotrye closed 1%c up at 79%e: November 1%c up at 79%c bid; De- cember 2c up at 76%c asked and May 1%c up at 79%¢. Spot oats closed ‘%e up at 36%c @ 88%c and barley unchanged at from 48c to 61c. Flaxseed resumed its upward, movement. November closed. lc w| at $2.55%;' December %c up at $2.41 % and:May 1%c off at,$2.83% asked. POTATOES FIRMER (By the Associated Press) Chicago, Ill, Nov. 6,—Potatoes slightly firmer, receipts 120 cars. to- tal U. S. shipments 1,062 Wisconsin sacked and bulk round whites No. 1, 90c @ $1.00 cwt.; Minnesota sacked and bulk round dhites 80c @ 90¢ cwt.; Minnesota sacked Sandland Ohios 80c @ 85c.cwt.; Minnesota sacked Red River Ohios 85¢ @ 95c; River Ohios 85c @ 90c. cwt.;. North. Dakota sacked and bulk round whites No. 1, 80c @ 90c cwt.; South Dakota bulk early Ohios.75c @ 85c cwt.; Idaho sacked rurals No. 1, $1.20 cwt. \ | (By the Associated Press) Minneapolis, Nov. 6.—Range of representativa cash sales: Wheat No: 1 dark northern $1.19 @ $1.34%; No. 2 dark northern $1.17% @ $1.31 %; Nd. 8 dark nortehrn $115% @ $1.28% 5 No. 1 dark hard winter $1.24% @ $1.27%; Nod. 2 dark hard winter $1.26; No. 1 amber durum $1.12% @ $1.16%; No. 2 amber dur-! um $1.11% @ $1.15; No. 1 durum 99 RANGE OF SALES 7c; No. 1 mixed durum 97¢ @ $1.10 3%; No. 1 mixed wheat $1.15.%@ $1.28 %; No. 2 mixed wheat’ $1154 @ 1,152.» i § Barley sample grade 5ic.@ 61%; No. 2, 52e @ 61%c; No. 3, 7c’ @ 59c; No. 4, 56c @ 59%. Corn No. 1 yellow 70¢ @ 71%e, No. 2 yellow 69%c. Oats No. 2 white 37% c-@ 40%c; No. 3 white 36%¢ @! 39%e. 4 eX Rye No. 1, 76%c @ 80c; No. 2, 764¢ @ 80c. Flax No, 1, $2.54 @ 32.5842. DULUTH CLOSE (By the Associated Press) , Duluth, Nov. 6.—Closing cash pri-} ces: Wheat No, 1 dark northern $1.18, @ $1.25; arrive $1.18 @ $1.20; No. l\amber durum $1.16%; No. 2 amber\dirum $1.14% ; arrive $1.12% ; No. 1 durum $1.00%; No, 2 durum 98% c; Ng 1 mixed durum $1.00% @ 1.10%; No. 2 mixed durum 98%c @ 1.08% ; arrive 98%c; No. 1, red dur- um 97%. he Flaxseed on track $2.57%; arrive $2.57; November $2.55%; December $2.41%; May ,$2.33% asked. Oats No. 3 white track 36%c @ 38, yc, No. 1 rye track and’arrive 79%; barley 48c @ 6lc, MINNEAPOLIS RANGE (By the Associated Press) Minneapolis, Nov. 6— Open. High. Low. Close: WHEAT Dec. ....111 (118% 111 118 May ....111 nee 111 113% 335% 34% 35% 36 RYE RES Dec. 73% 15% 13% 15% ii 4% 16% Dec. 54% 54% ‘LAX U Dec. 245 245% 245 245% May’ ....235 235% «234% 234% ~~ CORN a Dec. .... 61B . 62% GRAIN RANGE (By the Associated Press) Chicago, Nov. “Open. High. Low. Close, WHEAT Dec. ....114% 116% 114% 116 May .1..1140 116% 114 \ 115% July ....104% 106% 104% 105% CORN Dec. * sox 68g May . 695% «68% 69% July 68% 67% 69% OATS e Dec. . 42 42% 42% May 42% 41% 42% July 39% 39% © 39% LARD Jan. . 97 9,97 282 9.82 May ......10,30 10.32 10,15 10.15 Ribs Jan, 2.0... 9.87 FQREIGN EXCHANGE (By the Aséociated Press) New York, Nov 6.—Foreign_ ex- North Dakota sacked und bulk Red) THE OLD HOME TOWN REA / MARSRAL. OTEY WALKER, WHO RECENTLY. 5; CAPTURED THE BANK ROBBERS, |S “THE HARVEST OF GIFTS THE BISMARCK TRIBUNE FROM Reraadser 4 APPRECIATIVE TOWNSMEN. <— cables 6.63; Italy demand 4.14; ca- bles 4.14%; Belgium demand 6.15%; cables 6.16; Germany demand .01%; cables 1 7-16. Holland demand 39.05; cables 39.10; Norway demand 18.23; Sweden demand 26.83; Den- mark demand 20.12; Switzerland de- mand 18.36; Spain demand 15.20; Greece demand_1.89; Poland demand 00%; Czecho-Slovakia demand3.19; Argentine demand 11.75; .Montreal demand 1.00 1-16. CHICAGO GRAIN (By the Associated Press) Chicago, Nov. 6—Wheat No. 1 hard $1.17% @ $1.19%; No. 2 hard $1.17% @ $1.19. Corn No. 2 mixed 69%c @ 70%c;' No 2 yellow 70%e @ 71%c. Oats No. 2 white 434¢ @ 44 %e; No. 3 white 42%4¢ @ 4S%e. R No. 2 85%c @ 86c, Barley 6lc @ 69. Timothy seed $6.00 @ $6.50. Clover seed $15.50-@ $20.50. Pork nominal. Lard $10.65. Ribs $10.75 @ $12.00. GALL MONEY (By the Associated Press) New York, Nov. 6. 11 money firmer; high 5%; low 5; ruling rate 5.Time loans firm; mixed eoMateral inety days 6; four-six montl e commercial papend'e @ ‘MINNEAPOLIS RECEIPTS - (By the Associated Press) Minneapolis, Nov. 6.—Wheat re- ceipts 615 cars compared with 418 cars a year ago. Cash No. 1 northern $1.18% @ $1.24%; December $1.13’4; May $1.13%. Corn No. 3 yellow 67¢ @ 69c. Oats No. 3 white 364c¢ @ 39% c. Bafley 50c @ Oc. Rye No. 1, 17%c @ 80%c, Flax No. 1, $2.55% @ $2.59. 7 NOTICE OF SALE Notice is hereby given that that certain mortgage executed and deliv- ered by Alexander R. Murray and Grace Murray, both . of . Bismarck, Burleigh County, North Dakota to Bismarck Bank, a corporation, of Bismarck, Burleigh County, North ; Dakota, dated the seventeenth day of July, 1916 and recorded in the of- fice of the register of deeds for Bur- leigh ‘County in the State of North Dakota on-the fourteenth day of Au- gust 1918 in Book 146 on page 115 will be foreclosed by sale of the pre- mises in such mortgage and hercin-. after described, at the front door of the court house in the County of Burleigh and State of North Dakota at the hour of two o'clock p. m. on the eleventh day of December 1922, to satisfy the amount due upon such mortgage on the day of sale. That the premises described in such mort- gage and which will be sold to satis- fy the same are described as fol- lows: Lots numbered Seven (7) and Eight (8) of Block Sixty-two (62) of McKenzie and Coffins Addition to the City of Bismarck, according to the plat thereof on file and of rec- ord in the office of the Register of Deeds of Burlcigh County, North Dakota. There will be due upog such mort- gage on the day of sale the sum of Twenty-seven Hundred and. Sixteen and 11-100 ($2716.11) Dollars. Dated at Bismarck, North Dakota this 28th day of October, 1922. BISMARCK BANK, Mortgagee. BENTON BAKER, Attorney for Mortgagee. 10-30—11-6-18-20-27—12-4 SALE OF LAND Notice is Hereby Given, That un- der authority of an Order of Sale granted by the Honorable I. C. Da- vies, Judge of the County Court of the County of Burleigh, in the State of North Dakota, dated the 3rd day of October A. D. 1922, the un- dersigned, the administrator of the estate of John B. Stackhouse, late of the city of Bismarck in the Coun- ty .of Burleigh and State of Nortn Dakota, Deceased, will sell at private sale to the highest bidder, for cash subject to confirmation by the Judge of ‘said County Court, the follow- ing described land, to-wit: All the interest of said ‘deceased in. lots numbered Six (6), Seven (7), Eight (8) and Nine (9) in Block Number Fifty-five (55) of the Original Plat of the city of Bismarck in Burleigh County, state of North Dakota, aris- ing_out of land contract for the plirchase and sale of Said lots exe- cuted between Otto Reimer as ven- dor and said John B. Stackhouse as vendee on which contract the ven- dee has paid the sum of $680 of the purchase price of $800. JA The title to said lots remains#in the vendor as the said contract has not been fully performed by the vendee. The sale will be made on or after the 10th day of November A. D. 1922. All bids must be in writing and may be left at the office of F. H. Register, attorney, in the Webb Block in the city of Bismarck in said change weak; Great Britain demand 4.445%; cables 4.44%; 60-day bills on} [eae 442%; France demand 6.62; | county of Burleigh, or filed with the judge of said County Court, or de- livered to the undersigned personal- ly, F. J. GRADY, ; Administrator of the estate of John B. Stackhouse, Deceased: Dated October 14th, A. D, 1922. 10-16-23-30—9-6 ee ee DECISIONS OF SUPREME COURT From Ward County Allen O’Dell, Plaintiff. and Re- spondent, vs. Henry Hiney, De- fendant and Appellant. Syllabus: 1. Where a party moves for a new trial, he must present all grounds which he claims entitle him, to a .new trial. In other words, he cannot present, one ‘ground in the trial court, and’ another ground in the appellate court. 2. A party who assails the rul- ings of a trial court in the admis- sion or exclusive of evidence eith- lar ruling or rulings which claimed to be erroneous, of “Ward County, “Lowe; Jz~ Defendant appeals from tl judgment and from an order deny- ing a new trial. Affirmed. Opinion of the Court by Christianson, J. Funke, Campbell & Eide, of Minot, N. D., for ‘appellant. O. B. Herigstad, of Minot, N. D., for respondent> Central Metropolitan Bank, a corporation, Plaintiff’ and Respon- dent vs. American State Bank of Burlington, and Jourgen Olson, De- fendants and Appellants. Central Metropolitan Bank, a corporation, Plaintiff and Respon- dent, vs. Farmers State Bank of Sanish, a corporation and Jourgen Ol8on, Defendants and Appellants. Syllabus: (1) For reasons stat- ed in the opinion, the trial court erred in making its orders deny- ing plaintiff’s motions to vacate the judgments entered in the above entitled cases. An appeal from the District Court of Ward County, John C, Lowe, Judge. Order Reversed. Opinion of the Court by Grace J. Bronson, J. concurs in the re- sult. Messrs. McGee & Goss, Minot, N. Dak., Attorneys for Appellants. Messrs. _Funke, Campbell & Eide Minot, N. Dak., Attorneys for Re- spondent. * From Burleigh County Ben Bleeker, Plaintiff-Respond- ent, vs. G. J, ; Johnson & P. Z. Mowry, formerly co-partners un- der the name.and style of the Johnson-Mowry-Land Company, Defendants and Appellants. Syllabus: Where lessors, as partners in a farm lease, agreed to pay a rental of $600.00 for 5 successive years and, therc-after, the lessee, upon notice of dissolu- tion of the partnership and the as- sumpion of the partnership assets and liabilities, received the indivi- dual notes of the purchasing part-\ ner, and where, thereafter, the leases extended the time of pay- ment for rent due in 1911, 1912, or 1913 by accepting renewal notes, but made no extension of time con- cerning the rent due in 1914. It is held, im an action for the rent due in 1914. ‘ * (1) That it was a question of fact concerning recognition and intention of the lessee in receiving the notes of the purchasing part- ner and that the findings of the trial court, unless clearly oppaged to the preponderance of the evi- dence, are presumed to be correct. (2) That the extension of time accorded for renf€ due in 1911, 1912, or 1913 did not serve to discharge the obligation of the selling part- ner, as surety, for the rent due in 1914. Action in District Court, Bur- leigh County, Nuessle, J. Defendant has appealed from the udgmentj in plaintiff’s ‘favor, Acirmed. Opinion of the Court by Bronson, J. y $ Newton, Dullam & Young, .Bis- marck, N. D. Attorneys for appel- lant, G. J. Johnson. E. .T. Burke, Attorney for Respondent. From Burleigh County. Theodore Koffel, Plaintiff and Re- spondent, vs. H.‘@, Rhud, Defend- ant and Appellant. er by motion for a new trial or on appeal must spec?fy the partie ‘are Appeal from the district court Bismarck, N, D. Syllabus: (1){ A broken who, pur- ssuant to a contract of employment, procures a buyer, willing, and abie to purchase his principal’s land upon terms mutually satisfactory, as evi- denced by a valid eontract made be- tween the partigs, is entitled to ro- cover his commission, alth6ugh the terms of suyh centrnct have not been fully consummated, (2): For reasons stated in the opinion it is held, that the trial court properly sustained objections to, three uestions propounded by the defendant. Action to recover broker's com- mission, in District Court, Burleigh County, Coffey, J, Iefendant has ap- pealed from the judgment and order denying judgment no obstante or, in the alternative, a new trial, “AFFIRMED. 7 Opinion of the court’ by “Bronson, J. Robinson and Grace, JJ., dissent. Theodore Koffel, Bismarck, N. D., Attorney for Respondent. E. T, Burke, Bismarck, N. D., At- torney for Appellant. “CITY NEWS a ead A Bismarck Hospital. . Harold Ostering of Bluc Grass, A.B: Atkins of Napoleon, Jack Web- er. of McClusky, Maste™ \Robert Mielke of Ryder, Mrs. R. R. Lutz of Mandan, and ‘Mrs, Helmer Dalos o Dogden have entered the Bismarck hospital for treatment. ‘ohn Schacht of Judson, Wallace “MecMtwhen of Wernery Mrsi N.S. Henderschied of- Wing, Mrs. Henry Swindling of Cannon Ball, Miss Daisy Bailey of Wilton, Mrs. W. M, Hilden- brandt of Ashley, Mikie Nastink of Wilton, Mrs, Ingeman Hollan of Tur- tle Lake, M, E. Monsen of Parshall, Robert Miclke of Ryder, have bee: discharged. St. Alexius Hospital Master Howard Neth of Menoken, James Hennessy of Towner, and Master Everett Knudson of ,Mercer Nyave ‘entered the St. Alexius hospit- al for treatment. W. 0, Anderson lof the, city, Mrs. Katherine Sell, of the city, Mrs. Peter Jones of Menok- cn, Miss Eva Knudson of Bismarck, Mrs, Anna Klein of Richardton, Mrs. R. W. Kirpatrick and bbaby boy of Fiakirk, and Mrs. Steve Weisbeck and baby girl of Herreid have been discharged from the hospital. To the Voters of Burleigh County: \e : I am now actively engaged in my candidacy for auditor of Burleigh County to which I Was nominated at the June Primaries. Your vote -is earnestly solicited. Harry Clough. TO THE VOTERS: I have been able to person- ally see a great many voters but naturally it is impossible to visit all, and I take this means of assuring all the voters of Burleigh county that I will appreciate their ae fer me for Coronor of Bufleigh county in the election of No- vember 7th. E. J. GOBEL, ‘Candidate for Coroner. (Pol. Advt.) : -INVESTIGATE DEATH. Winona, Minn., Nov. 6.—Beliefthat George Butler Lilly, 26, member of a party of University of Wisconsin students motoring to Minnea attend‘the Minnesota-Wisconsin foot- ball game, met death accidentally by falling from a freight train near Stockton, Minn. early Saturday morning, was expressed toddy by Winona county authorities investi- gating circumstances of the man’s j death. Lilly's mangled body was found along the railroad tracks three pmiles east of Stockton by section hands. SOREL BAR SILVER | (By the Associated Press) London, Noy. 6.—Bar silver 34 1-16 pence:per ounce. Money 1% percent. Discéunt rates, Nshort and three months bill 3% percent. ee CAN SWEAR IN| ABSENT VOTERS JUDGE DECIDES Law Outlined in District Court When Petitions For Man- | damus Is Presented | ya ENTITLED TO BALLOT! ‘ oat IK Citizen Should be Deprived Of Just Right to Vote, Judge Declares ‘Absent voters ballots may be sworn in the same as votes of per- sons present, by two houscholders swearing they are entitled to vote, | Judge W. L. Nuessle said in district court today, in informally outlin- iné and interepreting the election law, after William Langer, as at-] torney for 26 perséns, appea' d with a petition to compel election officials in the Fifth ward to put thei names on the registration books. / The case was allowed to be con-| tinued, after Judge Nuessle out- lined the duties of the election of- ficials and it was agreed to by all sides, “I think it is about time that no one in North Dakota should be de- prived of his vote by subterfuge,” said Judge Nuessle. “Every citizen has a right to vote, and he ought to be permitted to do so; and every f voter who is not entitled should not be.” If two householders appear to say a man is entitled to vote he | should be permitted to vote, the court said, Mr. Langer had presented a peti- tion for a writ of mandamus direct- ed against William Skeels, Harold Griffith and B. F, Flanagan, elec- tion officials of the Fifth ward, de- manding that they be compelled to enter the names of his clients on the registration books. His petition was accompanied ‘by an affidavit of E. G. Patterson. Judge Nuessle issued a writ returnable this morning. E. B. Cox appeared as attorney for the officials, and presented a motion to quash the petition, holding that the atter of putting the names on the Boks was diseretionary with the election officials. After length argument Judge Nuessle quashed the motion and Mr. Cox then made his answer. Judge Nuessle prepar- ed, on. request of attorneys, to im- mediately hear the- case. ~-Interprets’ Law In the discussion which followed Judge Nuessle laid down the law in the case, which Mr..Langer and Mr. Patterson said was what they had desired, and Mr. Cox said it was the position he had held. Some of the 26 voted absent vot- ers ballots. Judge Nuessle said that he did not see why the matter nfight wot“ be disposed of, stating that. his interpretation of the haw was that ‘gbsent voters, as well as other voters, were entitled to have their votes sworn in, and that if Mr. Patterson and another made the af- fidavit fhey should be voted. Mr. Langer Said this was what he want- ved the election officials to under- stand. He then said it was complained that Mr. Flanagan asked all sorts of questions of the persons appear- ing for the purpose of delay, and asked the court to state what were reasonable questions. Judge Nuessle said that thé election officials were in control election, day, and thathis view was that the election officials could ask reasonable questions, but that they should not delay the matter with intent to prevent any citizens from exercising his privi- ledge to’ vote. Refused Registration Mr. Langer declared that a num-, ber, of. the voters whomthe board refused to register had been regist- ered for several years and voted at other elections, and that an at- tempt was being made to deprive them of their vote. Mr. Cox said that it was not the desire of the officials to deprive anyone of their vote.’ Mr. Flanagan. said the same, Mr. Langer declared that if the elections officials had any evedence there was anything wrong they could prosecute in the court, MRS. W. E. BERNER PASSES AWAY . Jamestown, N. D., Nov. 6.—Mis. W. E. Berner, wife of Superintend- ent W. E Berner of the Dakota divi- sion of the Northern Pacific died last night, at her home here follow- ing two weeks illness of typhoid. Mrs. Berner wits 53 years old and is survived by hor husband, a daughter, Jane Scott of Livingston, Montana, a son, Glenn of Jamestewn and Ted, who is e&pected/from the Colorado | State University/ tonight. A son’ Wil- jliam E, “Bud” died in France in April, 1919. The Berner family were former residents of Fargo having lived there several ycars. |. A grand daughter of Mrs. Berner jis also in the hospital seriously ill with the same disease. All the funeral arrangements have not yet been. made it probably will be held Wednesday. eee He | DELAYS APPOINTMENT i (By the Associated Press) Huron, S. D., Nov. 6.—Advices re-| ceived “by George Wright, Repubii-| can state central committee chair- man late this morning from Gover- nor W. H. McMaster at Pierre, an- nounce that no successor will be named to continue the duties of seeretary of state Burkhart, who dropped dead at Picrre yesterday, until after the funeral. SPECIALIST ON TUBER- CULOSIS. DEAD. Ashville, N. C., Nov. 6.—Dr. Cart Vonruck, internationally known au-} thority and specialist on treatment} and prevention of tuberculosis died yesterday at his residence here after an illness of several weeks. He was born in Constantinople where his father was at that time FAMOUS | CLASSIFIED AD HELP WANTED—FEMAL! PAGE SEVEN VERTISEMENTS LOTS FOR SALE WANTED—Girl for general house. \ work one who understands cook- ing. Apply 208-6th St. or 523 7th St. Phone 431. 11-2tf WANTED—M aged lady for gen- eral housework. Mrs, J. J. Engel- hardt. Intake, Mont. 11-L-lw Experienced waitress’ at, cafe. 11-4-1w WANT Homa WORK WANTED WANTED — Competent bookkeeper desires part time employment. Phone 931-W, or write Tribune 485, DRESSMAKING neatly done, Satis- faction guaranteed. Call at 621 Front St. Phone 179LJ. 10-31-1w —<—<—<—<—<$—$—_—______ _AUTOMOBILES—MOTORCYCLES FOR SALE—1917 Studebaker touring car. Phone 406. 21-6-3t FOR RENT—6 room house cheap FOR SALE—The 50 foot lot at sout west corner of First and Thayer streets, reserving . therefrom — the garage thereon, This lot faces east, is quite level, close in, has trecs, is one of the best building lots in residence portionpis a fine locatioa for a fine home or apartment house, and has. sidewalks. Prige $1,000. Geo. M, Register. 11-4-lw BOARD AND ROOM WANTED—Table boarder: M Ada Rohrer. 620 6th St. : 1 FOR SA?.Z OR RENT HOUSES AND FLATS. Sweet and 16th Streets. May also be rented partly furnished for college students or light hou’ keeping. 11-3-3 FOR SALE—Ford Coupe in good shape. W. B. Hartley, 318 West Rosser. Phone 677J. 11-1-1w * FARMS WANTED FARMS WANTED—I wish to co-op- crate with a real'estate dealer who has a good listing of farms and farm ‘lands to sell,/one that de- sires to have a Chjcago represen- tative. Give full particulars and recommendation, Charles P. A. Peterson, 3396 Milwaukee -Ave., Chicago, Mlinois. 11-4-2¢ ns LosT LOST—At post office Sunday, um- brella, name C. M. Sterrett cut in handle. Finder please notify E. J. Taylor. 11-6-2t oe MISCELLANEOUS. FOR SALE—The owner and propric- tor of a general merchandise store doing good business, with cream station in connection, in a smail railroad @own in North Dakota, with no competition therein, wants to sell and will take as part pay- ment a satisfactory residence in Bismarck and balance if necessary in satisfactory mopthly payments. Geo. M. Register. 11-6-1W FOR SALE—Complete set of Kitch- en tools in white enameled rack, aluminum handle. Retail price, $22.50, for quick sale, $12.50. Phone 457-R or 606 Eighth St, 11-3-3t FOR SALE—Mission library table, chairs, white dressing table, com- mode, shotgun and other articles. 508 5th St. Phone 678W. ‘lle FURS remodeled, repaired and re- lined, First class work guaran- teed. Call at 505 3rd St. Phone 538M. Mrs. Mattie Erstrom. 11-1-1W FOR SALE — Good Vernis Martin bed. ‘Seamless spring and--good mattress, 111 Ave. A, Phone 698-M. Mt t FOR SALE—Man’s gray chinchilla overcoat size 38, good as new. Phone 524M. | i 11-2-8¢ GIRL ROBS STATION SAFE Vivian Erickson, 19, Is Under Arrest Alexandria; Minn., Nov, 6.—A girl giving her name as Vivian Ericson, aged 19, and her home as Huron, S. D., is under arrest here .on a charge of stealing $156 from the saf¢ of the Great Northern station here. Miss Ericson arrived here by train edrly this morning, according to G. P. Sohle, station agent for the Great Northern, and was sitting in the sta- tion’ when Sohle left the depot for a few minutes. When he returned the safe was open and the girl who had been sitting in the waiting room was gone, he said, The girl was located at a local ho- tel and first denied taking the money, but a-search revealed it hidden un- der the mattress officers say. FIND INFANT - IN BRUSH Minot, N. D., Nov. 6—Police and Dr. R. W, Pence, cotfnty coroner, this afternon were investigating to de- termine what action will be taken in connection with the findirfg of a dead infant in southwest Minot this morn- ing, hidden in a bunch of weeds. Witnesses questioned by the nolice declare that they say a taxi driver placed it there this morning. The body was in a Small pasteboard box. Police declare that they have clues which may lead to the apprehension of the person responsible for the crime. ‘ATE OFFICE _ TO BE CLOSED Fargo, N. D., Nov..6.—The federal- state employment office here will be closed on Armistice day and election day, Mrs. M. B, Bowe, in charge an- nounced today following, receipt of an order. from Joseph A. Kitchen, federal employment director for North Dakota. This order calls for closing on all puplic holidays, a plan which was abandoned during the war. GARRISON MAN DIES OF BURNS Garrison, N, D., Nov. 6.—Services were held here for Joseph Smith, 67, who was burned to death here We: ‘stationed in the diplomatic service. nesday night when a large gasoline} éontainer exploded as he was d RE IT a TEI | R. S. ENGE, D. C. Ph. C. FOR RENT—One of the best of rooms in Bismarck. Modern in every detail. Offices purposes onls Address P. 0. Box 211, Bism ments. $130.00 income, balance to suit purchaser. Write 486 Tribune, Ey 1 —T room modern house, drooms, centrally located 11 FOR RENT room modern hou furnished, located Riverview addi- tion, Finley Baker. Phorie 40 11 FOR RENT—Apartment furnished for light housekeeping. Phone 4045 Geo. W. Little, 801 4th St. FOR RENT—Partly furnished or un- furnished rooms. Bismarck Busi- ness College, phone 183. 10-3tf FOR RENT—New modern bungalow, garage in basement, Call 217 Ave. A ‘West during day. 11-3 FOR RENT—Two-room apartment. Cowan's Drug store, 1L ROOMS FOR RE} FOR RENT—Two rooms, furnished for light housekeeping or sleeping rooms, lights and water included in rent, $20, Cull 541-W, or 421 9th St. No. FOR RENT—Twg nice steam heated _ front rooms, suitable for office or s ping rooms, 1191-2 5th Si sti Phone 312-W. 11 R_ RENT: ge front room ground floor, nicely furnish for light housek s Ph furnished hougekecping Call after 5 p.m. Phone 309LJ. FOR RENT—Fartly furaishcd or wu furnished rooms, aiso apartment. Bismarck Business College, Phone 183, AR NRE 10-3tf FOR RENT—Nice warm furnished room in modern house. 219 7th St. Call_579J. 11-2-1wk Rooms in modern house, each suit- able for two.. Would give me Call 384W. 1 rooms, hed rooni rent. 722 5th St. Phone 485R, 11 FOR RENT—Two rooms, all mod 506 2nd St. Phone 790-X. 2 10-31-1w FOR RENT—Furnished room. Cai 1263. 11 FOR RENT—Room, 223 4th St. 1l- ing gas from it for a customer. gasoline was in a tank situated in a small shed at the rear of the Farmers Mercantile company where he was employed. No on appé&rs to know just how the accident Seeurred and the flames were bursting forth from the small tin shack where the fuel was stored before anyone knew tuat Smith was in the place. It is generally believed here, however, that he forgot and lighted a mateh causing the gas to ignite. fj Smith, todether with his wife, who survives, came to Garrison from Eng- land just after the war. TERS All Makes sold and rented ae pewriter Co. Bismarek, ND 4 TYPEWRI Cleaning, Dyeing, Repairing Pressing at new low prices, Mail orders looked after promptly. We pay postage one way. Eagle Tailoring & Hat Works Opposite P. O. * Bismarck Chiropractor Consultation Free Suite 9, 11 — Lucas Block Phone 260 ELECT EDWD. G. PATTERSON County Commissioner First District Comprising the 2nd, 4th, 5th and 6th wards in the City of Bis- marck, County Precincts, Lincoln, Fort Rice, Apple Creek, Missouri, 3 Telfer, Boyd. Election, Tuesday, November 7th. Polls Open, 9 a. m. to 9 p. m.