The Bismarck Tribune Newspaper, February 13, 1923, Page 3

Ye TUESDAY, FEBRUARY 18, 1923. eRe MITCHELL T0 - FIGHT CASE Man Charged with Selling! Fake Stock Files Demurrer j Fargo, Feb, Demurrers to each count in the indictment against H. D. Mitchell, of Oklahoma City, charging him with using the mails to defraud farmers of the Devils Lake region, | were filed with United States District Judge Andrew Miller, when M. A.| Hildreth, district attorney, moved his case for trial. Aubrey Lawrence of counsel for the defendant filed a general de- murrer to the entire indictment and a specific demurrer for each of the six counts. The demurrers are alike in de- ing that “the complaint does not rge nor state facts sufficient to rge the defendant with any pub- lie offen against the United States or with the violation of any law of the United s and does not sut- ficiently inform the defendant of the naiure of the charge against him to enable him to prepare his defense thereto or to plead a convietion or equittal thereof as further prosecution therefor.” The demurrers also declare that | “the indictment does not charge the defendant with any public offense committed or triable within the dis; a bar for a trict of North Dakota, that the facfs| Years ago, Mr. and ‘Mrs, Albert Oe MAKING GOOD stated in said indictment do not con- stitute a public offense against the laws of the United.” In arguments in chambers, Mr. Lawrence declared that only two of the four allegations are negatived in the indictment. The charges are: that Mitchell, in selling stock to farmers in Ramsey county and else- where in that, section, representea himself as the owner of a certain tract of land in Oklahoma, that the land oil bearing and that certain prommissory notes given for stock would be paid out of the dividends cf the company. 36 MILE AN HOUR GALE WHIPS SNOW INTO BLIZZARD (Continued from Page 1) Auto Collisions There were two or three auto col- lisions this morning, drivers being blinded by the snow, but no one wes adly hurt, Auto transportation be- en Mandan and Bismarck was at andstill. Many Cold Spots The weather bureau reports show many cold spots in the Northwest. Temperatures reported at 7 a. m. on the weather report include: Bis- marek 7; Edmonton —28; Havre . Helen: Huron —2; Kam- plooy 83 Miles City iy *rince (lease ce Rapid City “18; Williston 16; Winnipeg 25 Moorhead 16; St. Paul 22. Ears Frozen ene Get Another Taste of Russian Weather | These seven little Russian orphans, who were adopted after the close of the war by Rear Admiral N. | McCully, U. 8. N., and brought to this country, got a real taste of old-time Russian winter weather the othe Meee the’ first heavy snow of the year struck Washington. Did they enjoy it? Well, aaa THE BISMARCK TRIBUNE | | TELLS STORY OF HONEYMOON | IN OLD DAKOTA Wahpeton, N. D., Feb. 13.--Fifty were aim zek, Richland county pioners, enjoying their honeymoon in a a mile north of where Wahpeton now stands. To réach their prairie home they had traveled miles behind team of army mules with the bride riding on piles of tote team dunnage. joined them in the celebration. Mr M. W. Barry was thgre from St. Paul, Minn.; Hensy E. Chizek, Wah- peton; Mrs. F. A, Craghill, Williston N. D.; Miss Vena Chiek, Los Angeles Mr. Chizek was one of Richland countys first settlers. He was the |first mail carrier between? old Fort |Abercrombie and the pioneer village |of Wahpeton. He had come here 1m 1872, walking from St. Cloud. He re- turned to St. Paul the following year to claim his bride. He still has con- jsiderable banking and business inter- jests here. |TO CAMPAIGN FOR LIGNITE Minot, N. D., Feb. 1. The cam- jpaign planned by the North Dakota Lignite Coal Operator: ociation to extend the market for lignite coa into eastern North Dakota and a joining states, and its policy to en- deavor through publicity to counter- act the impression that lignite can- By 11:30 a, m, about 40 legisla- tors had signed to get to the capi- tol via the bobsled route, but sev eral were regretting their sense of duty, for many had frozen ears and in some cases frost-bitten faces and stiff fingers. Several people down- town had frozen their ears, not real- izing the severity of the cold, It had dropped at 14 below zero at noon today. Phone Lines Broken There was no trouble with phone | service in this section of the state! despite the high wind, according to reports from the North Dakota Inde- pendent ‘Telephone Company. There was, however, much trouble between Jamestown and Fargo, many poles being torn down by the strong wind, There was no line opened to Fargo at 11 o'clock this morning, but it was expected to be restored within « a short time. Make Trip to Town. Officials at the penitentiary did not agree that auto travel was impos- sible in the country because of the storm, Two auto trips were made to Bismarck by members of the pris- on staff on business, during the morning. The snow-had not drifted badly on the good, level road, and the cars ploughed through the sof: snow without a great deal of trouble, it was stated. _————____—_______] ‘Mrs. F. R. Johnson Beauty Is Health A Beautiful Woman Is Always a Well Woman Minneapolis, Minn,—“Before my marriage I was in a frail condition of health, My prospective mother- in-law suggested that I use Dr. Pierce’s Favorite Prescription. I soon found the ‘Prescription’ was what I needed for I gained in|, .istrength and cheerfulness: of spirit ‘I am now the mother of eleven chil- dren and during expectancy 1 ways take the ‘Favorite Prescrip- tion’ and find it very helpful. To mothers and to other women who suffer, I urge the use of Dr, Pierce's Favorite Prescription. “I always keep in the hoyse a “supply of Dr, Pierce’s Ple: Pel- lets for regulating the bowels.”— Mrs. F. R. Johnson, 2529 6th St. So. Write to Dr, Pierce, président In- valids’ Hotel in Buffalo, N. Y., for free medical . advice, not be used unlses treated or br |queted, were approved by norti:- jwestern North Dakota operators who | met in Minot. All operators present joined in state association and a special effort will be made to evroll operators who were unable to be present at the conference. 112 BROTHERS, SISTERS, OF TWO BURNED, AT FUNERAL Devils Lake, N. D., Feb, 12-~ !Twelve children of Mr. and Mrs. George Herrick attended the funeral at Warwick Sunday of the two other Herrick children who were burned to death in a fire which destroyed their home near Tokio, N. D. Mr and Mrs. Herrick had each been mar- | rigd before, and each had five chil- dren by their former marriages and four by the present marriage. Mrs. | Herrick’s condition as the result of ‘the fire is said to be serious. “U” MILITARY BAND PLANNED Grand Forks, N. D., Feb, 13.—A military band is to be organized at the University of North Dakota to- day. Band members will receive uni- versity credit in music and those taking work in the R. 0. T. ©. will be required to take only two hours of drill a week in place of three as usual.¢ Forty-eight instruments and other supplies have been furnished by the government. TO INVITE FARMERS Stanley.—The Royal Neighbors of America lodge‘ will be in charge of the /first of a series of banquets to shack on the banks of the Red river; Mr. and Mrs. Chizew celebrated | making excellent progress in clean- their golden wedding anniversa Jing them up in the opinion of Licu-! few days ago in Los Angeles, Cal-| tenant Governor Frank Hyland. i They moved there thre years ago,; Mr. Hyland points out that up to| jafter having lived here for nearly|jast Saturday night a total of half a century. All their children] pills had been introduced in the sen- | be given by the various women’ | anizations in the city, for the St ley Commercial club. rmers | to be invited to join the club. | SAYS |SENATE | PROGRESS NOW im-| Taking into ‘Gdstdaration the | jmense grist of bills poured into the, e hopper during the last two/ days for their introduction the up-| | per house-of the state legislature is Of th disposed of, either passed or and committee repor able on eight more. There still re-| mainer 192 bills before committees; on which no report had pt been! made, i | The committe which has the jest number of bills still to be re- ported on is that of*state affairs i. which 32 m are still pendiny,: while the committee on judjciary comes second with the total of 27 There are 22 bills still pending b fore the committee on taxes and t |laws. _The committees have been to some} extent handicapped in their work by, in the printing of the bills) as made it impossible to g action on many of the more impori-} ant measures now pending. | o—____=______¢, ’ AT THE MOVIES || | EERSTE dit CAPITOL THEATRE Aristocratic blood is pretty like! to be hot blood. And hot blood frequently us apparent in a son in the father. A clever characterization of 1 Kentucky mint Julep Colonel and his 184 had been snnitaty| killed,| larg: | i “chip-off-the-old-block” son may be nin “The Kentucky Derby,” the Universal-Jewel all star feature showing at the Capitol theatre, ' | But Digger than that from the | standpoint of popular interest is the | staging of mammoth scenes in Ken- tucky, the home of the Derby. The} actual Derby classic was filmed for the major secnes in the story. The ‘entire Universal unit under King | Baggot’s direction went to Louisville and Lexington, where estates of the famous Kentcuky racing world were turned over to the film unit for use in the picture. 1 King Bagot directed “The Ken- tucky Derby” from George Hull's adaptation of a story by Charles T. Dazey, seen several years ao upon the stage as “The Suburban,” one of the ssful melodramas of all ELTINGE THEATER. Constance Binney, who comes ti the Eltinge theater Wednesday and Thursday in the screen version of the~1921-1922 stage success, “A Bill of Divorcement,” plays the part of a medern daughter who gives sane, ievel-head2d advice to her mother. She voices the sentiments of the young girl of today when she blithe- ly remarks, “Do you think I’ let my daughter run me the way I run poor dear mother!” *| Bismarck | bs | ousness, BANDIT V ICTIM LEFT | HELPLESS CRIPPLE! guides the romance of her still young and lovely screen mother, enacted by Fay Compton, The hus- band and father has been incurably insane for years, aad it is the daugh- ter who convinces her that she must] t a divorce and marry the man he loves. Then, when the divor: is obtained and the ond marriag | about to be consummated, the father) returns, cured and igncrant of the divorce, the daughter is the one who sees the situation clearly and makes the final dec perarancicietanninienmasaomicomemeaeanise | CITY NEWS — Bismarck Hospital. B. Krogan of Driscoil, Otlo G. stehe of Kulm, Archie Burkhardt, of the ci W. L. Lukens of Wilton, R. R. Teichmar of LaMoure, and Thomas Ritchie of Steele, have entered the hospital for treatment. Diemtro Gregor of Napoleon, Mrs Fred Bechtold of Herried, Mrs, Peter Kemmet of Glen Ullin, Betty Hart of Carson, and Mrs. Andvew Hai- beck and baby boy of Steele, have been discharged fromy the hospital. CUT THIS OUT—IT IS WORTH MONEY Cut out this slip, enclose with 5e and mail it to Foley & Co, 2835 | Sheffield Ave., Chicago, Ill, writing your name and address clearly. You will receive in return a trial pack- ze containing Foley's Honey and Compound for coughs, colds and croup; Foley Kidney Pills for pains in sides and back; rheumatism, kache, kidney -and bladder ail- ments; and Foley Cathartic Tablets, a wholesome and thoroughly cleans- ing cathartic for constipation, bil hendaches, and sluggish bowels. Dickinson, N. D., Feb: 13.--Chester A. Eklund, former New England boy and cashier of the Payne Avenue State bank in St. Paul, who was shot n the spine by bandits during a holdup of the bank on January 29,! will be d for life, his ph. sicinn has announced. All hope f has regaining his normal atus, passed, the physician said. SAVED HIS PRIZE When Jack Law- ler, farmer, learned while in tow that a $50 turkey gobbler he had ordered had arrived at the expre office, he dropped his mail on the street and ter his prize. The next day he came back for h mail, which someone had picked up and saved for him. SHERIFF PI PROBING Bowbells—Mystery attaches to the outside investigations being conduct- ed by Sheriff O. Gunvaldsen. He has visited at several towns along the Stanley-Grenora branch of the Great Northern, and on the west branch of the Soo. STORM DELAYS TRAL Egeland, N. D., Feb. 13.— The snowstorm of last week piled the Soo track high with snow. Trains were delayed until the rotary could come through from Thief River Falls, Minn., the passenger trains being 48 hours late. In some of the deepest cuts the snow was several feet deep, so it was reported, In “A Bill of Divorcement,” Miss Hundreds ‘were thrown into a the freighter Sierra in a fog seven miles off San Francisco, . 8 Hundreds in Peril as Two Ships Crash in Pacific ‘ { panic when the’Pacific liner Wilhelmina (shown above) collided with my back was so lame and I felt drowsy und tired. As engi-! neer at the Eleceric Light Plant, | there was more on less exposure to | draughts and I blame the colds took for starting the trouble. My | | kidneys didn’t act regularly and | when T hoard about Joan's Kidney | | ptom “l Only the home gardener, who 1 [Ran nn re PAGE THREE Hundreds in Bismarck in the ight. More Same I Tired all the t Weary and worn out night and day; Backseh head aches, Your kidneys are probably weak- ened. You work. Let one who knows tell you how. ’. Burbeck, sta. engineer, Bi. ys: “I had an attack of I could hardly get about, nd painful should help them at their Pills being so good I began u ing them. One box cured me up and I have never ce had a return sym of kidney disorder. all dealers. Kidney .remedy— get Doan Kidney Pills—the same that Mr. Burbeck had. Foster-Milburt) Co. Mfrs., Buffalo, N. Y. Don't Pric simply ask for a | HOME GARDEN | The Why and Where of Gardening Few are so favored of fortune tha at | they have the ideal soil or s | for rden. Bue such t pr 1s hdc Ta! not clear sand or ¢1 is not located in deep, Dhaai) shale it can be made to grow and yield a crop of vegetables. The one absolute essential is sun A vegetable garden to be a suce must have sun for at least p: the day. There are a few vege will survive shade, but none shes as vigorously or crops as | reliably in the van. Also, it is not necessary to worry over securing a supply of barnyard anure, Which is becoming more and more a matter of difficulty and ex-} . unl ndy. In the ordinary run of | very successful vegetable gar- | n may be grown with the use of commercial fertilizers easily procur- able of any seed dealer. There will always be a supply © autumn leaves, grass clippings, and dried weeds to be had, and thes: y be utilized for the most valu- able function of barnyard manure-~ supplying humus to the soil. Up-to. date gardeners are making more and, more use of these materials and s:. called “green manures” to replace the decreasing supply of animal ma- nures—and with excellent results “Gren manure” is a crop of clover or some other leguminous plant plowed under to improve the soil. If you have a patch land which is sunny for most of the day, do not hesitate to start your garden, It will be a good investmeat, provide health- ful exercise, and fyrnish a new inter- jest. The home garden offers the only | means by which some of our favorite | vegetables can be placed at their best jon your table. Sweet corn is a striking example. within half an hour after an ear + picked the loss of sugar content be- gins, through chemical action. The better varieties of sweet corn contain from 5 per cent up of sugar, which | gives them their delicious fla | hace | to tell when the corn has arrived \that stage of gevelopment which “just right,’ and who picks i that stage, cooks it briefly in boiling water—again “just right,” and sinks his teeth into its well-buttered ten- derness half an hour after it left the stalk—only he knows what swet corn really is. Others may think | | they know, but for all who have not ;| experienced the treat described, there is a joy remaining which they should not miss before they d Resolve to know it this year, and ; Plan your cemien now. BOY, 17, IS FORGER Grand Forks, N. D., Feb. 13.—A 17- year-old Grand Forks youth, who ad- mitted forging several checks total- ing about $40, was sentenced by/| Tudge C. M. Cooley to the state trai ing school at Mandan, until he is 21 years old. Judge A. B. Guptil of Fargo, juvenile court commissioner, here to investigate the boy’s record, recommend the sentence imposed. STATE 8. S. RALLY SET. Jamestown, N. D., Feb. 1 annual state Sunday school conver tion will be held here June 20, 21 and 22. According to present advice | nine denominational Sunday schools | will be represented. | It is the third svate convention so ‘far schduled to be held in: James- town this year. If you want to grow hair —do this Sclence proves that only & in every 100 need ever be bald. But thousands of men and women, too, are greatly concerned ‘by falling pair which leads to dness, This is por is remove dandruff, stop itching scalp and grow new hair. Ven Hes, through its scientidcally designed ap ue | cal the the hair. Tashan which Tones, cleanses, | he hore. time (rete 8 a growth | of new, heatthy hair. pe a Be sure to get Van Ess, We will Gill you @ signed guarantee, Finney’s Drug Store Bismarck, N. D. Di post. tive roo” that he te 2 by to cure tubercu losis my imate, «DE in — Fl |Spetz Post Wednesday, Feb. s the soil is very light | == On account of weather conditions the Bismarck Trade _ Mardi Gras has been postponed to Wednesday, Feb. 21 HNLNUUAUURUGONGONAOUEGRUGOOGOOCEUUGUUGUAEASUESEGEOAAEOOEAUOAEGOECEUUAOUALOOEOAOAAOOSLAG AOE Trade Mardi Gras Postponed AUIUAQNNUUNSOAQUONOOUAUUAQNAUOUUSSOGROUUOUOGOOEUAEUAOUOOEORESUOSUGOAEOAGEGEAGEOGEOAUOAUUAEAEUEA AEE MEET ST. THOMAS ‘argo, N. D., Feb, 13.—When the St. Thomas Cadets mect the North ota Bisons on the Bison floor, Feb, 16 and 17, Bison basketball fol- lowers are expecting to see two of the best quints in the northwest in action, and Athletic Director Bor- leske is making extra preparations to handle the monster crowd which he expects. 3 HARDWARE MEN MEET SOON Grand Fork D., Feb, 13.—The annual th y convention of the North Dakota Retail ‘dware ciation will open in Grand Feb, 14, Exhibits will be displayed at the city auditorium, Rivers Peterson, editor of The tional Hardware bulletin, will spea on “The Pursuit of Profit,” at the association banquet. Former Gov. John Burke will speak Wednesday. asso. Forks Regular meeting Lloyd 14th. Real entertainment. STOP COUGHS and Plesant Remedy for Throat Affections Bronchial Asthma Whooping Cough Sore Throat Hoarseness Bronchitis Hay Fever Catarrh Coughs’ #” Colds ATYOUR ORUGGIST MADE BY MSCABE DRUGCO, NEKOMA N.D Order Beulah Dry Mine Coal. Best in the state. Per ton delivered $5.25. ‘New Salem’ Lignite Coal Co. ‘Charles Rigler, Mer.) Phone 738 “THE KENTUCKY DERBY” - And Stan Laurel as “Rubard Vaselino” CAPITOL REGINALD DENNY ——in—— “MUD AND SAND” | LAST TIME TONIGHT Tomorrow and Thursday Corrine Griffith in. .“Divoree Coupons” Friday and Saturday WILL ROGERS Coming Monday-Tuesday-Wednesday pmres a The Biggest and Best of them all: “QUINCY ADAMS SAWYER” _RONIGHT — Tuesday /REBE DANIELS and CONRAD NAGEL. in “SINGED WINGS” and 1 MATINEE EVERY DAY