The Bismarck Tribune Newspaper, January 2, 1923, Page 1

WEATHER FORECAST. Generally fair tonight and Wednesday; not go cold ‘Wed. TABLISHED 1878 ~~. ¢ F Railroad “Commission Orders Special Rate For Use of Water on Lawns ORDER | IMPROVEMENTS Find Valuation of Plant Is $290,000 — Higher Than City Lower Than Claimed RBAA BABAR ARBAB AA RARAR ARAB, —_ The state railroad commission, in [fo accision handed down in the Bis erck Water Supply company G&se, dered a decrease in rates for water .vom the regular rates plus 35 per N cent increase ordered by the federal ourt to the regular rate increased by 162-3 cents, ordered a speciai rate for water for use on laws in the summer, fixed a valuation and =f ordered numerous improvements. The commission orders: 1, That the Bismarck Water Sup- ply Co. is authorized, beginning Jan- uary 1, 1923, to add 16 2-3-per cent to its water bills based on rates exist- 1, 1922, excepting that the shall be changed to provide| that water rates from May 15 to October 15 for water used on lawns, trees and gardens, shall be 15 cents per 100 cubic feet over and above —=jJ the average consumption of water used from October 15 to May 15, pro- viding that the first 400 cubic feet shall be charged at the rate! of 30 cents per 100 cubic feet with a min- imum charge of $1.00, providing that} such rates shall not apply to any| business or non-residential property.| 2. That the water company shall within nine months after date of| the order replace the present 12-| inch supply main from the reser-} voir for the distribution system in the the city, of Bismarck with an) 18-inch main from the reservoir to the city, passing the main through} Hm the booster pump. b Order Filtration Plant... ihe water company shall with-| in nine» months install a. filtration’ A plant, and increase time allowed for water to pass through baffles to per-| mit a more thorough mixing of the AARAAABA 2) chemicals with the water. “Sd 4. y shall, within nine TH ]h months, provide for and install “an “= adequate standby pump’ of modern =| design and efficiency” for use at the =}F river pumping station in pumping} = fj water to the reservoirs to serve as —=}9 * supplemental unit to replace the present standby centrifugal pump. 5. That the company shall clean the west reservoir, quarterly, and the other two as frequently as may re- f quire. 6. That the company shall report revenues and expenses each mnoth. 7. The commission shall retain jurisdiction over the party to change; 9 or modify the rates and charges up-| on the evidence and facts before the| commission. Value of Property. The value of the company’s prop-; erty without depreciation was found, by the commission to be $361,109, and ¥ with depreciation $290,649, which lat- ter figure is used in fixing rates. The order say: “With this rate (low rate for water used on lawns in summer) we are confident that it will not be neces- sary to wait for exceedingly dry years to create a demand for water for lawn purposer, but that the own- crs of lawns and gardens will be en- couraged to use the water freely for irrigation and sprinkling purposes, Mand we feel safe in using an estimat-! ed revenues for 1923, those received; in 1921, which were $61,285.98. We have estimated the expenses for 1923 at $43,950, which' would leave a net # operating revenue available for re- turn and depreciation of $17,335.93. We have found a_ valuation, plus working capital ($4,000), of $294,649, Mand an eight jer cent return upon this would be $23,571.92. From the ‘aes Valuation of $294,649.00, should be SB deducted $3,095.00 for land ana $6,560.00 for material and supplies, non-depreciable property, leaving $280,994.00 from which to deduct 11-2 per cent for depreciation mak- m4 REJECT PLEA FOR 35 PER CENT BOOST IN WATER RATES; GRANT {6 2-8 PER CENT ™¥ DECISION ting of Beach to 44 against him. With HE BISMARCK TRIBUNE ree) BISMARCK, NORTH DAKOTA, TUESDAY, JANUARY 2, 1923 | | | | ' H | i i | BOTH HOUSES: ARE READY _ FOR MESSAGE Legislature Will Hear Gover- nor Tomorrow Afternoon At 2:30 p. m. it Is Decided aan | BOTH HOUSES ORGANIZE Senate and House Name Em-| ployes and Complete all Formalities Before Starting The mes e of Governor R. A. Nestos to the legislature will be gi en tomorrow afternoon at 2:30! o'clock, it was decided after*the sen- | ate and house of representatives Yad | met, organized and appointed com-/ ni teees to wait upon the governor! and inform him that the legislature was ready to receive any communica-: sea suit for $60,000 damages. tion he desired to make. The joint session will be held in. ~~~ the house chamber, shortly after the ‘ calling to order by C. L. “Dad” Daw- ’ son, chief clerk of the session of two; Years, as fixed by law. There were | Supreme Court Holds Widow several absentees when the session ; : i opened. Oaths of office were admin-| Of Minot Policemen Will Get Compensation Declaring her father-in-law, J. morrow. Both the senate and house had; completed their preliminaries early | this afternoon, the senate finishing before the house, the long roll calls! of the latter body with its 113 mem- bers taking considerable time. The house session opened with the: istered to all present by Chief Jus-j tice H. A. Bronson of the supreme| court, it being one of the first of-| ficial acts of Judge Bronson, since Foiicemen are employes of cities, he assumed the position of chief tela nd as such come under the pro- \nominated J. C. Miller of Bottineau! Fahler, as administratrix of the) as the’ Nonpartisans’ candidate for estate of Leo S, Fahler, Minot po- the speakership. William Watt of liceman, who was killed while on Cass county nominated his colleague,| duty ag a policeman in Minot. Roy Johnson, for the speakership.| The Workmen’s There were several econds. The roll call showed 56 for John-| 8Tound that Fahler-was an “offi- son, 47 for Miller, eight absent and cet” and not an “employe” of the two—the respective candidates—not, City. j voting. Rep. Rabe voted for Mr. The court decide that cities Miller. - {are within the compensation 7 act to the extent they are Compliment Women. !required to pay into the The two women members of the legislature—the first in its history —received their first formal compli- ment when they were named to es- cort him to the rostrum. The house then proceeded to vote upon the chief clerk and other employes. There were 62 votes for W. F. Cush- compensation fund to protect em- ployes, that policemen are entitled law if injured, and that where an employe brings an action aganist the city instead of the compensa- tion bureau there js no liability on the part of the city. NEW OFFICIALS the vote on the speakership and the, vote on clerk settling definitely that. the Indenendents would organize the house, the vote upon other employes! Proceeded as ‘rapidly as the roll’ could be called, except for a little; tiff over the pay of John Gammons} as desk reporter. The compensation! was placed at $8 a day, and Rep.| Twichell declared they could not get a competent shorthand reporter for| less, while Representative Vogel and} Larkin, without avail, protested the | pay should not be more than $6 per} —_— day, Judge Fred Jansonius, Mrs. Minnie Craig of Ransom coun-|Albin Hedstrom, Register of Deeds ty, who with Miss Nellie Daugherty!Fred Swenson and County Superin- of Ward county, comprise the fem-|tendent Miss Madge Runey, all new jine delegation in the house, made | officials entered upon their duties sumes Place.on District Bench to remark that there was need of | today. ' i fresh air in the house chamber. Jan-; Judge Jansonius will actually, as- itors had not yet been appointed but;Sume the position of district judge contnneaven whres ometime during the day, and Judge cGontunneds on; Samp ) Nuessle will qualify for the supreme t. Harold Shaft will i CLAIM “DRY” |court reporter. Judge Jasonius will . SUIT OUTLAWED |: it in chambers for a few days, and hen hold court at Jamestown begin- Washington, Jan. 2.—The federal government in a brief filed in the; supreme court today held that the appeals of the foreign steamship} lines against the recent prohibition arck until after the school term there has ended. Mrs. Luther Van Hook will remainn ing $4,214.91 to be set aside into tae depreciation reserve account. It therefore follows that the company mugt earn next year $27,786.83 over ani \bove cperating expenses and that. at the present rates it will fall ja short just $10,450.90 of doing so.” # ‘Changes the Order. i ‘The order charges in pprt aid con- firms in part various matters con- tained in the 1920/order. The new order revokes the order to the com- pany to increase or fix salary of ot- ficers, stating the commission’s pow- er does not extend to the internal workings of the company. The prior orders requiring meters to be in- stalled for all services unmetered is confirmed, With rd to valuation the com- mission out in tables the con- flicting valuations of various engi- Neers as follows: Comcission’s en- gineer—coystruction . cost, $276,436; cost of re, luction $449,295; depre- ciated valup $400,888, City engineer —original ‘cost, $198,419. Company enginee: it of production, . April 005; cost of production, tion is furinshed the city \ by the utility. decision of Judge Hand at New York|as deputy. States had consented to be sued, and; Clodten. could not therefore be| OIL COMPANY PAYMENTS 0. Kd The board of equalization approved the agreement’ reached between C. C. Converse, state tax commission- er, and independent oi] comp: regarding payment of contested bac! ixes, amounting to some $27)000. Meanwhile the companies are pre- pared to ask the legislature to change the oil tax law. It discrim- inates against them and favors the Standard Oil company, they claim. The ‘settlement was reached on | ci agreement of the companies to pay all back taxes which they had here- tofore refused to pay plus six per cent interest from the time when they became delinquent. It is anticipated, Mr. Converse said today, that the independent compan- ies will continue to pay the present ‘until July.1, 1923, when any ne law enacted by this legislature would cp its place, es, time. 1,000 BIRDS TO Fargo, Jan. 2.—Plans for be held in the Au shape, according to W. C. Palmer, tion. Poultry e jociation convention is held. states. Last year the show drew ex hibitors. from Idah from North Dakota, Fs day. Rev. C, F.Strutz gave the in-! tectior of the Workmen's Compen-! vocation. = | sation Law, thé supreme’ court de-j Representative Walter Maddock! cided here in the case of Wanie S. Compensation ' | Bureau had denied libality on the; compensation as provided by | IN COURTHOUSE Judge Fred Jansonius As- Sheriif her first brief talk when she arose! ®t the Burleigh county courthouse in the office of register and deeds _New employes are Au- had failed to show that the United gust Anderson and Miss Margaret Sheriff Hedstrom was not ready to announce his list of deputies to- day, but it is expected that Deputy |Ed Kafer and Deputy Robert Phelps | will remain, and Miss O’Brien, office deputy, will remain at least for some BE EXHIBITED the twenty-ninth annual poultry show to orium here, Jan- uary 15th to 19th, are fast taking secretary of the state poultry asso- The show’is to be held under the rules of the American jociation and during the same week the Tri-State Corn Grow- It is expected by Mr. Palmer that a thousand birda will be entered from all parts of this and other ; Minnesota and South Dakota in addition to those LOVE BALM | | | | | D. Lanier, wealthy Macon (Ga.) dentist has alienated the affections of her husband, Mrs, Peggy Lewis Lanier has GIVES JUDGMENT TO RECEIVER Judge Nuessle, in an order handed |down today gave Geo. E. Wallace, |receiver of the old Public Opinion, league newspaper in Bismarck, judg- ment for $500 against P. J. Eng seth, former owner, on his bond. |Bondsmen are John Sutherland and |John A. Johnson. Plaintiff askad |for $2,000. The defense will appeal, it was ; announced, DUNBAR CASE IS REVERSED Former State License Inspec- tor Had Been Held For Contempt i handed down Saturday, reversed ac- tion of the district court in hold- ing Harry B, Dunbar, former state license inspector, guilty of contempt of court, and remanded the case to district court for further procced- jings not. inconsistent with the opin- jon of the supreme court. Dunbar had been adjudged guilty of contempt by District Judge W. L. Nuessle at Jamestown, when Dunbar {failed to produce liquor which haa been captured from rum runners and obtained an order from Judge Lowe in Minot for destruction of the May 5, 1921, near Jamestown.. The court record set out that Dunbar sought an order for the destruction {from Judge Coffey, failed to get it, liquor and made a return that it was destroyed. The supreme court found in part for and in part against the conten- tions of Dunbar, but reversed the case on failure of the court to ‘dé- mand interrogatories from the de- fendant and upon the- basis of the writ. DECISIONS OF SUPREME COURT handed down by the i i 1 Decisions supreme court Saturday, when it cleared the calendar of all cases pending in the court included: Isaac P. Baker vs. City Commi sion of Bismarck; two cases by Bur- held city commission correct in re: fusing withdrawal. Nick Stoffel and Peter plaintiff and appellant vs. J. S. Sul- livan and J. W. Johnson, defendant and respondent; appeal from som county, Allen judge. reversed. der of Ward district court, imony; cite for contempt. in case. ant and respondent. Logan county, Allen Judge. Affirmed. Ward county, Moellring judge. firmed. son, judge. Balbina M. spondent vs. appellant, f: ry jadge, court by Chri istianson, judge. The supreme court, in a decision! leigh district, Nuessle judge, court | Judgment Opinion by Grace judge. spondent vs. Curley Sinkler, defend- ant and appellant; appeal from or- Lowe judge, refusing to cite plaintiff for cantempt of court and to set aside order substituting lump alimony for! monthly alimony; reversed as to al- sustained as to failure to Opinion of court by McKenna, district judge, sitting Emil Harth plaintiff and: appellant vs. St. Paul Cattle Loan Co., defend- Appeal from plaintiff and re- an. J, Tavis, exe-|, cutor of Marvin Kraz, defendant: and 0. M. J. De Moully, defendant and m Morton county, Ber- Reversed. Opinion of COMPANY A. CASE ORDERED i TRIED AGAIN’ Supreme Court Sends Matter Back For New Trial on Evidence Ruling FIND CONVERSION Say Personal Property of Armory in Bismarck was Wrongfully Taken Verdict given Company A, Na- marck, against EB. A, Hughes for alleged conversion of personal pro- perty in the Bismarck Armory was reversed by the supreme court, in a decision handed down today. The case was remaneded to the Burleigh district court for new trial. |. The court, in its decision, held |that testimony by Capt. A. B. Welch and H. T. Langley as to the value of the lockers, chairs, piano and other property alleged con- verted was improperly admitted, and they showed lack, of correct knowledge as to values. The de- cision held the trial judge, who was Judge Coffey, was correct in denying the defendant’s motion for a directed verdict, stating that there wag evidence of conversion produced. The jury gave Company A a verdict for $6,000. It had mw $7,100. udges Bronson ce dis- sented, and Grace dis. he supreme court, in an opinion which the court divided ee a question as to the admission of cer- tain evidence in the case of Com- pant A, First Regiment, North Da- kota National Guard Training School against Edmund A. Hughes, held: 1. Agreed that thefe was evidence sufficient to show conversion proper armory in Bismarck by Mr. Hughes. 2. Divided three to two on the question of whether Capt. A. B. | i | | | i Ww received: on the matter of values of the property. 8, Remanded the case to the Bur- leigh district court for a new trial. Company A had been given a judg- ment against Mr. Hughes by a jury in the district court here for $6000, jfor conversion of steele lockers, ro!- \ler skates, piano; etc., when the de- |fendant took over the armory, with interest at 6 per cent since October 1, 1917. The syllabus in the case said: (1) In an action for the conversion of personal property, the evidence is examined and it is held sufficient to support a finding of conversion, (2) Witnesses who were members and directors of a corporation are not, by virtue of that fact alone, qualified to testify as to the value of property of the corporation which it is alleged to have been converted. The majority opinion, written by Judge Birdzell and signed by Judge Christianson and Jrfige! Robinson, id that Judge Coffey properly de- nied the motion of the defense for a directed verdict in the case. “We fre of the opinion that no error was comnmtitted in the denial cf the defendant's motion for a directed verdict,” the opinion reads. “There is affirmative evidence in the record to the effect that the defendant, order to regain posession of the building from one O'Connor, to whom he had leased it, paid him a cash ;bonus, and authorized him to take from the building about 70 chairs land a piano. The defendant disputed \this, but he testified he made a deal jwith Capt. J, W. Murphy, whereby jhe purchased the lockers for the |Bealah Coal Mining Co... .\. If it {is assumed (though we do not so idecide) that Capt. Murphy had au-~ thority to dispose of plaintiff's per- sonal property, obviously, this au- ‘thority was not, under the evidence lin this case, exercised further than ‘to dispose of the lockers to the de- ifendant. As the defendant himself {has, testified to the unauthorized taking of the water tank, and as other witnesses for the have testified to the taking and dis- posal of other property under the defendant’s direction, the evidence Stoffel,'is clearly sufficient, in our opinion, to support a finding in conversion.” to evidence of Capt. Welch and Mr. Langley as to the value of the a | ticles. { came within the ryle. Judge Bronson, dissenting, said: ment should be affirmed. ings of the conversion. the testimony of the witnesses Capt. W. J. Carroll, plaintiff and respon-| Welch and Langley.” dent vs. New York: Life Insurance Co., defendent and: appellant; oon Opinion of court by Bron- amount of ‘on the same lines as Judge Bronson. PAYS OFF BONDS Investment Co., St. Paul. OY JOHNSON NAMED SPEAKI ? plaintiff The defense objected in the case The Company A attorneys E. R. Sinkler, plaintiff and re-|insisted they came within the rule that an owner may testify as to the jvalue of his property, but the su- preme court majority opinion said it did not -consider the testimony “If am of the opinion that the judg- I concur in the majority opinion to the ex- tent that it holds the evidence suf- ficient to support the jury’s find- I disagree with the majority opinion concern- the admissability. or cempetency of Judge Bronson said the highest lues testified to was $7,100, and that the jury found fy verdict for $6,000, Judge Grace con- curred in part and dissented in part, pore a TRANSFER OF C0, A ARMORY Judge Nuessle Says, However, Plaintiffs Estopped From Recovering of Building CAN GET DIFFERENCE Taking of New Evidence Held Necessary to Determine Question of Value | Judge W. L, Nuessle, in a tional Guard Training School, Bis-| memorandum opinion handed down | j today, held that the attempted | sale of the old Company A Amory in Bismarck to E A. Hughes and thers was without authority, that the plantiffs were estopped from recovering the building because 'of repairs and additiors made on {the building without protest, but ithat the plaintiffs were entitled jto the difference in value of the i building at the time and the im- | provements made. i i ;court was unable to decide from {the record the difference in the {value of the building and the im- provementg, and that there would have to be either an entire retrial of the case or new evidence taken | difference in money Company A is entitled to recover. The suit was begun in 1921 and testimony finally taken | 1922. Briefs were submitted Oct. {11 and Nov. 27. Owing to pres- |sure of work, the memorandum of ; Judge Nuessle says, it has been until this time. The property formerly used for armory purposes was re-arranged and rebuilt, additions made and is now used by the defendant Edmund A. Hughes and otlers for business of y of Company A in the old Purposes, the memorandum states. | The| defendants claimed title to | the property through a purported {deed, executed in the plaintiff’s Welch and H. L. Langley gave com-| ame on Oct. 9, 1919, by-three per- | petent testimony and it was proper- | £008 purporting to act ag directors | of Company A Have Authority _ In deciding the first point the court held that the plaintiff par- ties, directors of old Company A, were entitled to bring the action. | _“The next question to be con- sidered is that presented by reason of the fact that the defendent claims through and under a cer- tain persons purporting to be di- rectors of the original Company A, “says the memorandum of Judge Nuessle. “The plaintiff con- tends that these persons at the time of the making of the instru- ment in question were without authority to and could not make a deed passing the property in question I am_ inclined to hold that this deed is not a valid con- veyance, that it was made without proper authority, and that, if the Persons in question were in fact directors, that they, nevertheless, did not have authority at the time and in the manner shown to convey the property. “The third questign, so far as is material to this inquiry at this time, arises by reason of the fact that the defendants contend that jthey claim title was FOR GERMANY + i Premier Poincare’s Repara- tions Scheme Ready for Allied Premiers Paris, Jan. 2.—The French cabinet in a two-hour session this morning under the chairmanship of Millerand heard and approved the reparations plan of Premier Poincaire and will submit it to the premier’s\confer- ence, The French plan offers a two years moratorium but it exacts pro- ductive guarantees to insure the re- sumption later by the Germans. the conference of allied leaders a proposal that German reparations marks, The aymosphere was much less pes- fm London conver: There wi st night. der obligation. fnovement to bring them into hai Le Matin calls “the invisible pres: ure of American opinion.” Karl Bergmann, the German financii expert will bring before the pre. @ secret in Berlin but it was\regard. County, Treasurer J. A. Flow has ed as likely that Chancellor Cuno paid off $25,000 of funding bonds of; has named a maximum amount which Burleigh county, held by the Union| it would be possible for Germany to pay. HELD INVALID, The memorandum said that: the | to determine whether or how much | in May,! {impossible to consider the briefs} even though the deed under which, and is in-| valid, and even though the present I$ PLANNED, Premier Poincare offered tdday at be restricted to fifty billion gold simistic’ after termination of the wide divergence of viewpoints, particularly between the French and English as to how and when Germany shell be termed un- The first signs of a mony appears to be a result of what, The nature of the proposal which miers’ consideration has been kept % LAST EDITION PRICE FIVE CENTS CASS COUNTY MAN IS MICTOR; INDEPENDENTS URGE SLOGAN OF “ECONOMY, HARMONY” iN SESSION |18th Session of North Dakota Legislature Gets Under Way Here Promptly at Noon Today with Independents in Saddle in Both Houses for the First Tine in Years— Cushing of Beach Named Chief_Clerk of House—Leaguers Predict a “Do Nothing” Session — Governor’s Message Probably Tomorrow “Economy, harmony” was the slogan of the Independeft members of the legislature as the 18th session of the North eno body began its biennial session propmtly at noon today. On both sides of the political fence there were pledges | to do everything possible to render service to the state dur- ing the session, and to submerge politics. On the side, there were some predictions that the fireworks would begin he fly soon if attempts are made to repeal or amend many | laws. 9 | Governor Nestos’ message which will be de- | livered tomorrow afternoon to the house and senate in joint |session, was awaited with interest by the legislators as pointing the way of the session. Theodore G. Nelson, sgcretary of the I. V. A., speaking last night, declared for econédmy and harmony from the standpoint of the Independent campaign forces, and added, that the world is still watching North Dakota and that in \the hands of this session of the legislature lies a heavy responsibility in its attitude toward certain fundamental ‘principles of government. \ William Lemke, speaking from the Nonpartisan leagu:: , standpoint, in contrast with a statement issued several day~~ ago, declared his opinion that it would be a quiet session and “they won’t do much harm.” The important league industrial laws, he declared, cannot be repealed ar amended oo a two-thirds vote, which the Independents do no‘ ave. ! Everything Goes Smoothly’ | Everything in the organization of the two houses went i smoothly, with the Independents controlling both. It wa: | the first session in several years since the Nonpartisan leagu: has not controlled one or both branches. Maer | Roy Johnson of Cass county, active farmer and one 0 {the youngest men to hold the speaker’s chair—he is 33 year. ; old—was chosen speaker over J. C. Miller of Bottineau, can didate for the Nonpartisans, by a vote of 56 to 47. There re eight absent and the candidates did not vote . W. F. Cushing of Beach, editor of the Beach Advance was elected chief clerk of the house, receiving 62 votes. Lieutenant-Governor Frank Hyland, who has served a state auditor for eight years and served one session in the. house, got the senate under way with dispatch. W.E Parsons of Bismarck, former county superintendent, wa* elected secretary of the senate. ie ; Rep. Rabe of Stark county was recorded as voting foi Miller for speaker. He said later, however, in reply to ir quiry that he voted for Johnson, and that he was recorde incorrectly. FRED BURBAGE WOUNDED NEW YEAR'S EVE Revolver Explodes When Jammed Into Pocket After Firing. Two Shots | we \ Agree on Speaker Any doubt that the leagi might be able to name the spea! er and organize the house was di sipated early this morning aft the “get-together dinner and ca: cus of the independents, when. R Johnson of Cass county w. agreed upon for speaker. ew out over John Carr of Jamestov and C. H. Starke of Dickinson, ai received om the second ballot ti unanimous vote of 57 represent: tives in the caucus. Represent: tive Curry and _ Representati\: Miss Nellie Daugherty had n. arrived for the caucus. It w: said that the Independents gain a doubtful member on the orga ization when Representative Ra: of Stark county entered the ca cus. L. ichell withdrew saying he was interested only efficiency and economy and th anyone ought to be willing to st: aside for the good of all. W. F. Cushing of Beach, editor of the Beach advance, won tho position of chief clerk of the hous: over C. L, “Dad” Dawson of Fay go, formerly of Beach, and chiet~~ clerk of the last session As the session began the Inde- pendents had increased their claim of a majority in the house by one, claiming 59 votes to 52 for the Nonpartisan league. “The league also, was weakened by one in the absence of Representative Del: Patterson, one of the league floor leaders in the last session, whe was unable to be present at tht start because of illness. ‘ Outside of the handling of the‘ state industries—particularly th financing of the Grand Forks mi and elevator—great attention ¢ be devoted matters of econo'y and taxation, it appeared from tenor of remarks of members the legislature. Get-Together Dinner The preliminaries of the session really got under way last night when the Independent get-togethe: a4 qranee, was held in Legion hall «i: 730 p. m. The first speaker was B. F Spalding, chairman of the ani league Republican state committ(«. He spoke of the importance ~of * y, ‘said that he had been in ms. Ut Taye When Fred Burbage, an employe jat Corwin Motor Co., jambed the re- jvolver with which he had fired sev- eral shots into the air at midnight jon New Year’s eve back into his pocket it accidently exploded, dis- charging a bullet that entered the | upper part of his abdomen and plow- Jed its way downward. While the |wound is painful, those in attendance jupon the patient, who was rushed to the Bismarck hospital for treatment, jstate that it is not so serious as at |first feared, since the course of the bullet was near the surface. William Johnson and Keith Ni- cholson were with Mr. Burbage in front of the Corwin Motor shop when the accident occurred . They carried him back into the shop and summoned a physician and the am- bulance, Mr. Burbage rested well last night and is reported to have only a slight temperature this morning. His re- covery is expected to be rapid. —_______-——-e | THE WEATHER | ———_—__—_____—e Temperature at 7 a. m. Temperature at noon Highest yesterday . Lowest yesterday Lowest last night . Precipitation < Highest wind velocity WEATHER FORECAST For Bismarck and vicinity—Gen- erally fair tonight and Wednesday; not so cold Wednesday. For North Dakota—Generally fair tonight and Wednesday; not so cold Wednesda: WEATHER CONDITIONS , The. pressure’ is low in the extreme Northwest and over the Mississippi Valley and light precipitation oc- curred in the Plains states and up- per Mississippi Valley. High pres- sure is‘central over Manitoba this morning and temperatures are low from the Plains states to the upper Great Lakes region. Orris W. Roberts, Meteorologist! WEATHER REPORT Eighty-five out ofjevery 100 crip- ples are affected on ite “left side, ee 1 4 8 3 3 = es