The Bismarck Tribune Newspaper, January 5, 1923, Page 2

PER ate PAGE TWO NOTICE OF SPECIAL EXECUTION SALE In District Court, Fourth Judicial District State of North Dakota, = County of Burleigh, ss. : State of North Dakota, doing business as the Bank of North Dakota, Plaintiff, vs. K. C. Nelson, as Receiver of the Cogswell State Bank of Cogswell, N. D., a corporation, Defendant. Notice is hereby given that under and pursuant to the special execu- tion issued out of the office of the Clerk of the District Court in and for the County of Burleigh and State of North Dakota, on the 6th day of December, A. D. 1922, upon a certain judgment and decree of foreclosure entered and filed in the above entitled action, in favor of the plaintiff and against the defendant on the 6th day of December, A. D. 1922. I Albin Hed- strom, sheriff of the County of Burleigh, State of North Dakota, will offer for sale and sell to the highest bidder for cash at the front door of the Courthouse in the City of Bismarck, County of Burleigh, State of North Dakota on the 16th day of January, A. D. 1923, at the hour of 2:00 oclock p. m. the folowing personal property in said judgment and decree of fore- closure described, and hereinafter described as follows: “Exhibit A” Rate of Interest Amount. Bal. 10 $1248.60 $1148.60, 21, covering 22 head ears old; 20 milch cows, 2% to 3 years ear old steers and heifers; 10 yearling 20 calves from 10 to 1} months old; 6 weeks old, all of above cattle being Hol- stein grade; ‘2 interest in 70 spring hogs about 8 months old; 3 8-ft Deering binders; 1 MeCormick and 1 Deering mow- er; 1 Monitor double dise drill; 1 11-ft Van Brundt drill; 1 Kentucky light draft drill; 2 sweep rakes, 1 stacker; 2 Me- Cormick hay rakes; 1 Emerson and 2 John Deere gang plows; 1 Deering corn binder; 2 I. H. C, ¢orn planters; 2 John Deere and 21. H. C. corn cultivators; 2 24-fogg harrows; 3 wide tire wagons with triple boxes; 1 wide tired wagon with rack; 1 John Deere manure spreader; 2 sets bob sleighs; 11 sets work harness; the above being all of the cattle, horses, machinery and hogs now owned by me; 1922 crop on the S% of Sec. 25, and all on Sec, 36-130-58, Sargent county, North Dakota. Chas, Baird 11-22-21 10-122 10 Secured by Chattel mortgage dated 11-22-21 and covering the same chattels described in mortgage securing Note No. 16276, with the exception that this mortgage covers % in- terest in 25 brood sows instead of % interest in 70 spring hogs. ~ John Benson 11-28-21 10-1-22 10 Secured by Chattel Mortgage dated 11-28-21, covering 5 horses 5 to 10 years of age; 1 light Kentucky single dise drill; I John Deere 14-in. gang plow; I Deering 8-foot grain binder; 1922 crop on the SW'% 18-131-56, Sargent county. North Dakota. Donald Brooks 11-22-21 10-1-22 10 Secured by Chattel Mortgage dated 11-22-21, covering 1 brown mare 6 years old, weight 1400 Ibs; 1 brown gelding 6 years old, weight 1400 Ibs; 1 wide tired wagon complete with box; 1 set of breeching harness complete. Hans Christoffer | 10-17-21 9-1-22 10 4321.00 Secured by Chattel mortgage dated 10-17-21 covering 8 horses 5 to 12 years old; 3 roan, 4 red, 1 black and white, 1 red and white cows, from 3 to 7 years old; 5 2-year-old heifers; 4 2-year steers, various colors; 4 yearling heifers; 6 yearling steers; 47 Duroc Jersey hogs, about 6 months old; 1 8-ft. McCormick binder; 1 McCormick corn binder; 1 Cloverleaf manure spreader; 1 McCormick and 1 Deering mower; 1 Deering hay rake; I University:wide tire wagon with triple box; 1 Little Jap wide tire wagon with rack; John Deere gang plow; 1 Van Brundt drill; 1 Deering disc; 1 New Century cultivator; 1 I. H. C. weeder 1 Emerson corn planter; 1 Dane Buck rake; 3 sets work har- ness complete; 1922 crop on the NEM 18-129-57, Sargent eounty, North Dakota. Also one shorthorn bull. E. W. Christenson 10-17-21 6 Months 10 Plain, H. H. Darland Plain. John L. Farenbaugh 12-29-21 Plain. Chas. Plain. Geo, M. Klinkhammer 12-31-21 Plain. Walter Lanning 10-12-20 ~_ 10-1-24 10 Secured by Chattel Mortgage dated 10-12-20 covering 8 red, 1 black, 1 roan cows and two roan heifers. Luther Lemons 12-19-21 6 months 10 Plain. T. B. McMahon Plain, E. @ Plain. F, W. Miller 12-22-21 10-1-22 10 Secured by Chattel Mortgaged dated 12-22-21 describing the above note, also note dated 12-22-21 and due 10-1-22 in the amount of $71.95 and covering 1922 crop on SE% 12-180-57, Sargent county, North Dakota. S. R. Miller 12-31-21 6 months 10 —_ $610.00 Attached to this note are collateral notes No. 13878 origin- ally $325.00 and note No. 13879, originally $300 both signed by S. R. Miller. Notes No. 13878 and 13879 are secured by Chattel Mortgage dated 8-15-19, covering 1 Ford 1919 model touring car, motor No. 3187234, complete with Hassler shock absorbers, special honeycomb yadiator, speedometer and lock; 1 sorrel gelding 14 years old; 1 set heavy breeching harness; 1 pair leather collars; 1 wide tire wagon used as ice wagon. Frank Moerdyk 12-15-21 11-1-22 10 lain, Magnus and Sigurd Monstad 11-17-21 11-1-22 8 Secured by Chattel Mortgage dated 11-17-21, covering 7 horses, 6 to 8 years old; 11 red cows, 3 to 4 years old; 2 2- year old steers, 1 black; 1 spotted; 1 1-year old steer, black; 1 1-year old heifer red; 1 heifer 6 months old; 2 Poland China brood sows; 28 Poland China pigs about 7 mo. old; 1 John Deere 8-ft binder; 1 Johnson corn binder; 1 Moline double dise drill; 2 Moline mowers; 1 John Deere gang plow; 1 John Deere sweep rake and stacker; 1 Moline hay rake; 1 Columbus wide tire wagon with triple box: 1 truck wagon with rack; 1 Boss harrow; 1 1917 model Ford touring car, motor No 2114215; 1 No 89423 26x46 J. I. Case separator; 1 No 48822 46 in J.I.Case feeder; 1 No 57074 18 J. I. Case weigher; 1 No 83252 22x40 J. I. Case tractor; 1 No 125 6x4 drive belt; 1 No 44 Grand Detour 4 bottom engine gang plow; 5 sets of work No, Name Dated Due Date 16276 Chas. Baird 11-22-21 5-22-22 Secured by Chattel Mortgage dated N-22- ‘of horses, 3 to 12 old Holstein; 10 2. steers and heifer: calves about 16195 6 16182 16316 12-14-21 6-14-22 10 16377 10-1-22 10 16376 Hewitt 12-29-21 10-1-22 10 16387 10-1-22 10 15408 16337 s 15632 12-1-20 6 months 10 16300 Melroc 12-3-21 10-1-22 10 16346 if 2500.00 348.00 152.80 3699.40 516.15 150.00 346.00 1500.00 75.00 417.59 400.00 500.00 376.20 173.45 599.65 60.00 3000.00 harness; 1922 crop on the SE% 29; SW% 28-131-57, ‘Sargent county, North Dakota. , ~ 16255 Magnus and Sigurd Monstad ~- = 11-17-21 10-1-22 10 Secured by Chattel Mortgage dated 11-17-21 covering the same security as listed in C. M. securing note No. 16254, 2 = 15669 -Arthur and Ross Thompson 12--31-20 Demand 10 ® Plain. 4 15944 Oliver Tubbs 6-2-21 10-1-21 10 / Attached to this note is collateral note No. 14044, signed by Oliver Tubbs in the amount of $304.00, which secured by Chattel Mortgage dated 9-27-19, covering 2 horses; 1 red cow; 1 black cow;; all bought this date at the Floyd Williams sale, , 16278 Wm. H. Waters —11-2-21 Demand 10 ‘ Seeured by Chattel mortgage dated 11-2-21, covering 3 horses, 1 red and white heifer calf; 1 red and white, 1 roan, 2 red cows; 1 roan bull; 1 red steer, 2 registered calves} 1 corn binder; 1 4-shovel corn cultivator; 1 sulky 18-in plow; 1 2- section lever drag; 1 set of breeching: work harness com- plete. Attached to note No. 16273 is note No, 14143, signed by Wm. H. Waters in the amount, of $830.00, which is se- cured by C. M. dated 10-30-18 covering 3 Horses and 22 head of cattle. -16185. Jens Wensnes 10-15:21 9-1-22 10 Secured by Chattel Mortgage dated 10-15-21, covering 5 horses 5 to 14 years old; 1 black and white, 2.red and white cows; 1 2-year old red and white heifer; 3 steer calves, red and ‘white. fi 16504 Loren S. Wheller 11-13-20 - 10-1-21 10° This note is payable to Rasmussen Bros. and payment is guaranteed by R. W. Rasmussen and H. D. Rasmussen, and is #¥eured by Chattel Mortgage dated 11-15-20: covering 2 “horses; 1 Kentucky double dise drill; 1. Ponto drag; t Emer- “son cultivator; 1 McCormick mower; 1 hay’ ak: Deete gang plow; 1 set of work harness; all bought day from Rasmussen Bros. snd} 1921 crop on the SW 16-131-57 county, N Dakota. RARE TE ae Fs as RE He » yee) x Wittich .1@-15-21 Secured by Chatte) Mortgage dated 10-15-21 covering 1 datk and 1 light bay gelding, 12 years old. tb Bas 20-1-22 1 ~ Dated this 4th day of January, A.D. 1983... ‘ 2 ae, ALBIN HEDSTROM, Sheriff of Burleigh County, North Dakota. Simon, » Assi it Attor Ggneral, fo: nite, Bismarck, Repth Dakota. 318.10 | except the defense o: 519.00 | have been incumbent 1 John 194.00 PRAISES GOOD ROAD SUPPORT OF GOVERNOR \3. EB Kaulfuss Declares Gov-| ernor Nestos First Gover- nor to Take the Stand In commenting upon the message of the Governor, Secretary J. E. | | Kaulfuss, of the North Dakota State | } Good Roads Association said: | “Governor Nestos may well be called a Good Roads governor, prac- | tically the first of the kind in North | Dakota. His recommendations yes- | terday, following the conference on | | November 24th between fhe State | Highway Commission and/officers of the Association, may mark the be- ginning of an era of real highway progress in North Dakota, | Ex-Governor L. B. Hanna in 1913 | | was President of the then State | | Good Ronds assoc:ation, but at that} \t’me the importance of better s | tem of better roads was not so gen erally recognized. “Governor Nestos urges the de- velopment of the state of North Da-¥ kota, the bringing of greater pros- perity and contentment to its many | inhabitants, He favors those things | \which will encourage immigrat on, | ete. “For the most part, good roads are the deciding factor in the minds of many prospective settlers for they, coming most likely from states which have good roads, will eom- | monly demand, in their new state by | adoption, as good roads and road | systems as those to which they have | been accustomed. “The effect of and benefits derived from good roads are too well accept- ed to require enumeration. The gov- ernor appreciates well that we are | in an age of transportation and that good roads are of vital moment in an agricultural as well as a manu- facturing or any other state. “The — recommendations _made pointed s‘gnificantly at the prégram of the State Good Roads Association and the Governor's attitude is nat- urally very gratifying to the offi- cers and others connected with the road body. In further eomment, Mr. Kaulfuss described the Association's three proposed measures as constituting “the most important, if not the only, Progressive and constructive propo- sition before the legislature which at the same time will result in a marked reduction in the state's taxes.” J. J. Moe of Valley City and Pres- ident of the North Dakota State Good Roads association, was in. Bis- marck yesterday to attend the sec- ond day's session of the legislature and to hear the Governor's message. Mr. Moe’s p§rticular ‘interest was in that portion of the message deal- ing swith the highway s‘tuation in the state, He expressed gratification that the Governor's) recommenda- tions pointed so s‘gn‘ficantly at the association’s program of propos highway legislation. CITY RELIEVED OF LIABILITY BY RISK LAW Minot. Policeman Case Estab- lishes Rule -in Dealing With City Employes ~ In the case of Wanie S. Fahler vs. the City of Minot, Mrs, Fahler sued the City of Minot for damages be- cause of the death of her husband Leo Fahler, who was shot by a boot- legger while performing his duties as policeman. Mr. Fahler later died as a result of the shooting. The ac- tion was brought in the district court, against the City of Minot which had’ failed to pay ite premium ‘into the| Worktens Compensation Fund. The city contended that it was not liable because a policeman is not an em- ployee but an officer. The Compen- sation law provides that an employ- er who has not insured may be sued/ in the district by his employee who has been injured. The supreme court 3760.00 | held that policemen were employees within the meaning of the act, but} that the city was not liable in this case in a direct suit because in such 2058.00 |8N action the city. still could raise all defenses which existed previous to the Workmens Compensation law contributary negilgence, assumption of risk and that the injury was caused by the negligence of fellow servants, and that ,previously the city could have defended in an action such as this 730.95 |9% the ground that’ the policeman, when injured, was performing a gov- ernmental function. Judge Grace, who wrote the opin- ion stated: “It is clear that the plaintiff pursued the wrong remedy instead of bringing this action plain- tiff could have filed her application with the Compensation Bureau fot compensation in accordante with the terms-of the act. It would then on the Bureau to hear and determine such applica- tion in the same manner as a claim where the premium had been paid by the employer. The amount determin- 613,50}ed. by the bureau to be due the cisimant must be paid by the sem- Ployer within ten days after: notice thereof. Otherwise, it “becomes a liquidated claim for damages against the employer.” Judge Grace stated] that in such a remedy the employ could. not avail himself of the ordi- faty common law remedies, He fur- ther stated, thay the Bureau itself, might be liable to the claimant since the “Act is a compulsory one. If an employer comes within the act. it ischis duty to pay into. the Compen- sation fund. If he does not do so, the compensation bureau may and should compel him to do so.’ The opinion of Judge Grace was concur World Hiker OVER THREE MILLION FEDERAL ~ AID MONEY SPENT ON STATE ROADS } | ‘W. H. Henrick, home anywhere, recently’ arrived in, Washington after a ‘year-and-a-hat hike around ‘the world. He started out with $100 and. ended with $400. He \worked as a miner, sailor. and Gnally.as a Santa. Claus. red in by Judge Birdzell. Justices Robinson and Christianson concur- ring only in the result. Judge Bron- son wrote a specially concurring} opinion. | ’ | B.¥ §, TAKESON JAMESTOWN AT ~ BASKETBALL School Is Slated for Play fori show the western ei Tough Opponent for High/ A bulletins printed ,in magazine und@ the edition of H. 0. ray, agsistant chief engineer of the state’ highway commission, is being sent gt today from the ‘com- mission offi€€, It‘1s the first the of- fice ever printed’ and contains a number of good photographs imclud- ing an aerial pictdre of the new Missouri river bridge between Bis- rharck and Mandan. Other pictures ice to/the Bad’ Lands in Nort” Dakota, the new Mott” bridge, a road. through woods in Ward county, afd a new bridge in Richland county. The bulletin shows that 2,082 miles of roads begun’ or bu:lt since 1919 together with other projects such as bridges cost or were esti- mated at $7,244,565; that the federal aid’ received to date has- b\ep-$3,- 352,970. This work includes gravel surfacing of 274 des of construct- ed¢earth road, : Regarding the 1923 program, the bulletin says that the commission is | completing’ surveys/and plans for this work whieh will involve (when te complete list of requests is in) approxenately 450 miles “of earth road constructivn and, 160 miles ‘of gravel surfacing to be placed on Projects completed in 1920-21-22, This years program will involve about: 2,400,000, cubic feet of earth exca- vation, 2,500 pipe culverts. 50 to 60 small concrete, bridges. 210,002 yards ‘of gravel. The projects will be advertised early this spring at the county seats. in the counties in which the pro- jects are located. La. Moure, N, D., Jan. 5.—When | Emil Neuriter, rejected suitor of the hand of Miss Helen Engel of Seattle, Wash., entered her parental: home, on Christmas morning and shot to death twg ‘of her sisters and a brother and then Killed himself, he added a chap- ter of deep pathos the annals of crimi Few in this commp the daily papers of Dec. 26 a brief account of the tragery had the least suspicion tht D. C. Engel, father of ji ¢ | j Here Tonight Bismarck h’gh school’s basketball team will take on a tough opponent tonight when Jamestown igh’s team plays here in the high school gym at 8 p. m. 7 The Jamestown team is coached by Roy McCloud, formef Jamestown college player, and has’ been 4oing good thus far this season. ..° The Bismarck team is out for a victory, since “a victory# Jamestown ought to boost: the ‘stock of the local team in the castern part of the state materially, Coach { Houser Wil start Alfson at center, Brown and Burke at forwards and Lee Scroggins and Middaugh at guards. Others who probably wili get in are Halloran, Murphy, Scott, Nathan, Jess Scroggins and Rhud. Last year the“Jamestown team were victorious over the locals, and ® redoubled effort will be made to even up the score. One of the best games of the season is assured. GEO. MOORE, WAR © VETERAN, PASSES George Moore, resident of Bis- marck for about 30 . years, away in the state soldiers home in Lisbon Tuesday morning at the age of about 50 years according to word received here by his brother. Mr. Moore left Bismarck about three or four years ago to enter the old soldiers home. During his years of residence here he’ was well known as a cook. He was a former member A and a veteran of the Spanish Am- erican War. He. leaves one brother in Bismarck, Alfred Moore, and two two brothers, Thomas and Milo Moore, former residents of Bismarck who pow reside some place in’ the West. Funeral services for Mere Moore were held in Lisbon. Lift Off with F figas| gers pelt a bit! Drop a little ‘Freézgn@ on aching. ‘corn, vin- atantly that corn stops hurting, then shortly you. lift right off with fin- gers. Truly! 5| Your druggist sells a tiny bbttle of “Freezone” for a few cents, sufficient ‘to temove.every hard corn, soft corn, or corn’ between the toes, and the calluses, without soreness or. irrita- tion. passed | fever)’ # - Find Spark Plugs. as Clean as New” + That is the signed statement m Mitchell F -50—10,000 mile sealed R “10,0 The High-Grade Winter Gasoline SEATTLE TRAGEDY TOUCHES HOME . - OF LA MOURE, N. D. FAMILY: the myrdered children, was a broth- er of Ernest Engel, one of the prom- inent citizens of LaMoure, but such id the fact. Not only.that, but D. E. Engel was himself a Rsident of this city during the years 1903-04. He owned a farm near Berlin ‘and also one near Verona, Mr, Engel went East in 1904, later resided for a time in Idaho, and then took up hjs resi- dence in Seattle.’ The Associated Press aecount of the tragedy follows: On Monday of this week Mr. Engel had a letter from his brother in'} \ FRIDAY, JANUARY 5, 1923: - which the accuracy of the story was confirmed in all essential details. Neuriter fired fourteen shots in all. When he drew a pistol and aimed it at Mr. Engel, the latters eldest daughter, Anna, rushed to his assist- ance~and was herself shot in the heart and instantly killed. The man-- ac then continued firing more or less at random, and after two more chil- dren had been slain, Neuriter turned the third pistol on himself fired, and sank to his death. The fixtures, and equipment, formerly comprising The Chocolate Shop. Must be sold at once. Everything complete for a first class Confectionery and Lunch Business. For further information call or write The Barker Baking and Candy Co. Bismarck, N. D. 00 Miles with , Sealed Hood— e by Frank X. Zirbes, pilot of ood car No. 1 - He used D CROWN | | = His spark plugs ware clean’ because Red Crown gives perfect ‘combustion. It burns evenly and clean because its chain of boiling point fractions ‘is adjusted to produce a steady flow of steam-engine-like power. : - : Red.Crown starts easily even in severely cold weather. It causes | your‘engine to get away quickly and pick up smoothly. rc -\ Red Crown 4s ‘the most satisfactory gas you can buy in Bismarck, » regardless of price. shy Oe ae a At the Followigg Standard Oil Service Stations: _« ) 8th and Main Sts, ae _. And at the Following Filling Stations and Garages LAHR MOTOR SALES COMPANY — ” _~* © 300 Fourth Street oe MARCK MOTOR COMPANY. 416 Broadway Bismarck, N. D.