The Bismarck Tribune Newspaper, March 9, 1923, Page 2

PAGE TWO MANY WLEAN PIONEERS AT DOUBLE RITES Last Tribute Paid to Mr. and Mrs. George L. Robinson At Garrison . Many pio- Garrison, N. D., M of this section joined in pay- triubte to the memory of Mr. i Mrs, George L, Robinson of ( n, who died within a period of uty-four hours, at the last rites 1 Wedn: at the Congregation- hurch. Services were conducted | Rev. L. R. Burgum, pastor of the 8. church at Washburn. The bearers, all pioneers of the early ties, were as Chas. toy, Alfred $ Joseph Mann . Smyth, Wm Lindell, d. John Reuter, Au H. ¢ i. 110 and O. PF. MeGra: rent w made in the stery. oth Mr. and Mrs. Robinson had 1 the pioneer days of North Dy | 4, and it is a matter of regret mg friends that only sketches of | r interesting history and knowl- | « of the times has been recorded. | Robinson, born m d, was shter in Texas at the age of rs, and under the command of Bent he traveled to Pike’s Peak, New Mex Arizona, Texas and vada. During ene Civil War he isted for fourteen months service at the end of the war engaged in meat b in St. Louis. He | his wife came to Dakota Terri- y in 1883. As among the earliest pioneers of n county, they had many in-| resting anecdotes to relate of the | irly days, when the nearest railway tation was Bismarck, a distance of ome sixty miles, from where alt nerchandise and other freight had to hauled by team during the winter, the summer months affording some @clief when transportation of goods | could be made by steamboat up the river. | Mr. and Mrs. Robinson were mar-| ried in 1864, Mrs. Robinson being Miss Janet Sharp, a lady of Scottish birth, wno with her parents came to this country when but a child of four| years, and whose death occurred Sun- | day evening, March 4th, at 6:30 o'clock. | — { DECISIONS OF SUPREME COURT From Divide County | Security State Bank of Crosby,| North Dakota, a corporation, Plain-| tiff-Appellant. | versus Edwin Peterson, Defendant-Res- pondent, Syllabus: (1) Where an swer alleges hat defendant received no consid- ration whatsoever for a promissory ote, it is held, upon demurrer, (o| ufficiently over an ultimate - fact} resenting an issue upon considera- (2) Where an answer has alleged | cts concerning fraud and misre- esentation whereby no consider on existed in the making of a pro- ssory note, it is held, upon de-| urrer, that a defense is asserted. (8) Where an answer has alleg-| {an oral agreement not to enforce | note and not to hold the maker | rsonally liable ‘and, where such | erations. in connection with aver- | ‘nte of fraud and misrepresenta- | n, may establish a note of accom- ation without consideration, it is | ld, for res stated in the opin- | is asserted. | In District Court, Divide County, | ellring, J. Action upon a promis- ry note. Plaintiff has appealed tom an order overruling a demur- v to three separate defenses alleg- | in the answer, Affirmed. Opinion of the Court by Bronson, | i | 1. Points, Crosby, N. D. | Leighton & Brace, Minot, N. D.,| \ttorneys for Plaintiff-Appellant. | Braatelien & Mcllraith, Crosby, N. %., Attorneys for Defendant-Res- | mndent, From Cass County Peter Weller & Arthur Jalbert, | aintiffs-Respondents, vs. Mulgrew | Sons Company, Defendant-Appel- | nt. Syllabus: (1) A contractor, who is @ngaged | excavating a public drainage teh, must use, in the performance | * his contract, reasonable care so| 3 to avoid injury to adjacent lands ad to him the familiar maxim, “sic i tere tuo ut non alienum loedas” is | pplicable, . (2- Where a contractor engaged n excavating a drainage ditch has constructed and filled up an old ~ road ditch that served to drain flood waters in the territory tributary and, where, after a heavy rain, flood waters in such road ditch, througn the obstruction, were cast upon plaintiffs’ field and, thereupon, the contractor, becoming cognizant of | the-conditions, removed the obstruc- ‘tion’ by a communicating ditch whereby such ditch properly func: tioned to drain off flood waters, and where, thereafter, after recpiving | advice from the Chairman of the Drainage Commission to use his own judgment, the contractor renewed the prosecution of the work andj} again maintained the obstruction s0/ as to cast flood waters upon plain- tiffs’ field and to destroy his crops there growing, it is held, for reasons stated in the opinion, that, under the -cireumstances, the duty was im- posed upon the defendant to exer- icise’ reasonable care in the contin- -ustion or renewal of the work, for the failure of which plaintiffs may recaver damages suffered thereby. | (8 A right of way release, gran’ -ed by plaintiffs to the county for the construction of such - drainage. ditch, did not release damages oc- easfoned by the contractor's negli- « Questions concerning the ex- ordinary character of the storm soneerning the sole contributing oximate cause of the damages led; were for the jury. trict Court, Cass County, THEY’LL ENTERTA Mr. and Mrs. Edward B. McLean, shown here, will act as host and hostess to President and Mrs, Har- ding while the executive and his party are in Florida, Englert, J, Action to recover damag- es for water fldoding. Defendant has appealed from an order denying a motion to enter judgment notwith- standing the verdict. Affirmed. Opinion by the Court by Bronson, ch. J. ‘owler, Green & Watfam, Fargo, D., Attorneys for Respondents. Young, Conmy & Young, Fa N. D,, Attorneys for Appellant. HAIRLESS PIGS ARE REPORTED Fargo, N. D., March 9.—The ap- pearance of litters of hairless pigs in a few of the far western count of North Dakota is basis of a w ing sent out this week to’ hog rais- ers by J. H. Shepperd, animal hus- bandman, North Dakota Agricultural college, suggesting the use of po- tassium iodide a preventive. vo gra potassium iodide 50 or 75 days vious to farrowing is the preven- tive of hairless pigs,’ Mr, Shepperd states. “Have the potassium iodide weighed by the druggist, and mix it in the fed for the sows, If your druggist does not keep it apply to your county agent who will be able to get it for you. This warning N is of daily for each sow for pr sent out on the basis of safety first.” J. C. Russell, county agent of Golden Valley county was the first reported the appearance of hairles pigs in the western part of the state | this year. TOO BUSY! So Voliva Won’t Sail Around, World to Prove It’s Flat By NEA Service Zion City, Ill, March Glenn Voliva, ove: 9. Wilbur of the Zion- cult here, says 's decided to give up his idea of going Christopher Columbus one beter and sailing around the world to prove that it’s as flat as a pancake—at least tem- porarily. Voliva has just been convicted on a charge of criminal libel brought against him by the pastor of an op- posing sect here. And the overseer says that fighting in court has taken and will take so much of his time that he just can’t spare the time to travel around the earth’s rim, One ‘of the tenets of the Zion belief is the world is flat and is sur- rounded by water. Thé modern geographical teaching of a ball- shaped earth is regarded as hereical and anti-Christian. “I am getting together an expedi- tion to sail around the outer rim of SAY “BAYER” when you buy Aspirin Unless you see the name “Bayer” on packages or on tablets you are not getting the genuine Bayer prod- uct prescribed by physicians over twenty-two years ‘and proved sate by millions for, colds, headaches, toothache, ‘ earache,. neuralgia, lum- bago, rheumatism, ‘neuritis, and’ for| cid. }annual sale of the HARDING! the world and prove the Zionist be- lief—which the teaching of the Bible—is correct,” Voliva announced a year ago. VELVA STUDENTS MAKE WOOD SAWING MACHINE Velva, N, D., March 9—At an out- de course students | in thé state agricultural high school | here, devised an attachment which | converts the turning lathe into a wood saw, and while the attachment can be quickly for lathe purpos hine would have cost the school $150, it is stated. The device was made that the | school might construct a — special toolbox with numerous drawers, or- dered by a local garage, 1 The s in drawing furnished sketches; wood workers made the sawing table and supports; iron workers produced various fittings; a local garage permitted use of its lathe to turn out the saw arbor and | arbor bearings, STOCK SALE IS PLANNED | Wiliston, N. D., March —The Missouri-Yel- lowstone Pure Breeders associ: tion will be held here in the stock pavilion on March 14, Large pos- | ters which are being circulated over the territory by the associa- tion call attention to the fact that the stock to be offered for sale will include: 20 head of Here- fords, 30 head of Shorthorns and 10 head each of Angus and Gallo- ways. TRANSFER CHILDREN Bo. ar, 9—The transfer by | the Germans of several ‘aundred thousand children from the trouble | zone has begun. Five hundred | youngsters from three to seven years of age were sent from here by special train yesterday. The Ger- mans announced they were sent to Brennan where they. would ‘be dis- tributed among private families to be cared for until the trouble blows over, THE BISMARCK TRIBUNE. G. N. TO SPEND | MUCH MONEY! | Minot, N. I provements March 9.—Im- which will involve an! expenditure approaghing one mil-j lion dollars constitutes part of the | construction work program plan- | ned by the Great Northern Rail-! way Cc., for the Minot division | this year, according to W. P. Ste-} venson, division “engineer, in a} statement to The News today. | The work, for the most part, will | consist of double’ tracking, relay-| ing and ballasting at various! points of the division. | The relaying program calls for) | i the placing of heavy steel rails be- tween Roach and Stanley. Con-!’ iderable relaying was done last} year, 17% miles of 90 Ib, and 17 miles of 100 Ib. rails being laid. This year’s program calls for about the same amount, it is said. Last year double track was laid east from Williston to Spring. FIGURES IN SCHNEIDER SLAYING brook and this year double track |, | will be continued, from Spring: brook to one mile east of Wee. Steel is being received and distributed to the various points! alcng the line and actual work wil + begin as soon as weather tions permit, it is stated. lock. Hazen Club Hazen, N. D., March 9-—Organiza- tion of the Hazen Community club | was perfected meeting of rousing farmer: elected wer ent; John Drerelow, vice president, and J. L, Owens as secretary, The | officers were draft rules and by at the next meeting for the approval of the organization. week, kan, Leeds. S DISCUSS LIVESTOCK. Minnewaukan, George J. Buker, 8 lof the North Dakota Exten, vision, and County Agent Irving | Courtice ure holding a series of live- i stock meetings in Benson county this | Subjects di preparation of“balunced rations from ‘home-grown’ feeds and the ance of using purebred |high grade females | production. jheld at Warwick Tokio, Minnewau- Oberon, « To Wed Arrangements are being mada, ing to European reports, for betrothal of little 14-year-old of the district. condi- | Is Organized; — | } here recently at a| citizens and | Officers | (a, presid- Roy Seibert, Murder investigators are probing the story of M hove) who says she hag knowledge of the love affairs of Frederick | Schneider, wealthy Bronx (N. Y.) contractor, mysterious Peggy Roberts ly slain. a committee to jaws to present made cussed include the v Mo: mport- sires and|in 1924. for economical{ For Democratic The meetings ore being| presidential Esmond, Isabel and|to keep the old machine side which the three-day j will seem insignificant “What's bothering me 3 center, “is whether we'll nominate a candidate at Democratic convention to vention each will overlapping votes that third of the ballots. These are: 1 The Woodrow Wils: The William Jenni \group, including the radi 3: The wets. two-thirds vote’ of th can agree on its problem. between these alt 1: Being “radi catch the west. 5 2: Being “conserva “wet” to win the east. ” and Easy ic Drop ¢ Cigar, or Chewing No-To-Buc has heiped t | break the costiy, ne vaceo habit, Whenev longing for a sone place @ ha ur mouth inst hortly the habit is comp | ken, and you ically, financially. so simple. Get a box of nd if it doesn’t release r our druggist will leaders—not the forsee, thus far in advance of the ention, a deadlock jam in 1920] of the men at the party organ QUIT TOBACCO ss No-To-Bie tab! All desire s are better off ment: WANTED: A DEMOCRATIC MOSES There'll Be Applicants But Can They Find a Way Out of Threatened 1924 Direful Dilemma? BY HARRY HUNT. NEA Staff Correspondent. ashington, Mar. 9.—Wanted: to lead the Democrats out of the Direful Dilemma that threatens A running— be- tion be able to all.” A two-thirds vote is required at a nominate, Three opposing groups at the con: | control, with the will/ shift |from one to another, more than onc- on group. ngs Bryan eal drys. To find a platform and candidate ese groups The delegates will have to decide natives: “dry” to tive” and 4 vigareite, Habit housands ty shatiored to chew, ju pletely bro No-To-Bic you frow: eraving for tobacco in any for:n, refund your Adv | EXQMINE COMMUNISTS | Brussels, Mar. 9—The; examina- tion of the 40 Belgian communists | arrested yesterday has shown ‘taat | the party in this country has been | receiving monthly _considerable | sums of money from Germany, the | dence indicated tat ists in Belgium had been acting in accord with the Ger- | man organization in fomenting strikes here. { § \ pain in general. Accept only “Bayer” package which contains proper direc: | tions. Handy boxes of twelve t: s cost a few cents. Druggists al: sell bottles of 2 4and 100. Aspirin is the trade mark of Bayer Manufacture of Monoaceticacidester of Salieylica- For health’s sake, for economy’s sake, for goodness’ sake, eat more good bread and less of the expensive foods. ‘ Let your next baking be with Climax Flour Ruseell-Miller Milling Co. Bismarck, N. D. i H | i { i i The south, it is agreed, will have returned to Democratic “normalcy” and needn't be worried about. The man to suit these specifica- tions, it is admitted, doesn’t now loom aboev the horizon. He may ap- pear before June, 1924, but it is con- sidered much more likely that he won't get the spotlight, as a “com- FRIDAY, MARCH 9, 1923 ~ % N As delicious as they are conven- ient, and truly economical — 9 ‘ KINGS ehydrated FRUITS & VEGETABLES Finest table quality products In Hardy AT Economical Sanitary YOUR Healthful Cartons GROCER'S Convenient KING'S FOOD PRODUCTS CO. Originators of Practical Dehydration are the factors which give North promise candidate,” until after the! i Dakota a promising future as a hon- | Wilson4Bryan-Smith-McAdoo - Cox Ford forces hav@ strugged to ex-|cy-producing state, according to Mr. haustion. be Pellett’s article. Among the “willing” candidates - ——— who hope to benefit by a deadlock and are ready to be compromised on d, New York; Owen, Okli- Ralston, Indiana, and Po asr- e, Ohio. Woodrow Wilson the organi- zation managers guessing. Some ve- lieve he expects his physical condi tion will permit him to enter the lists himself, If not, in what direc- tion will he throw his support? All th spense and uncertainty is beginning already to weigh heav- ily upon the party managers. — It promises to become a mighty purd- en before June,"1924. DOG SAVES MASTER Washburn, N. D., March 9.~Bark- ing of a watch dog saved the life of homas L, Wilson, rancher residing west of Garrison, according to in- formation received here. Wilson, awakened early in the morning by the barking, discovered his rancn house in flames, He had only time to seize a pair of trousers and es through a window, for a later the roof toppled in. Wil owns what is known as the old ranch, a property of some 1,700 of land, moment mn Will Become _ Big Honey State|] Ask Your Grocer alt St for “NEVER FAILS” FLOUR Fargo, N. D., March 9,—That North Dakota will soon be in the greatest honey-producing region m America is the opinion of Frank C. Pellett, ociate editor of the Am- erican Bee Journal published at Hamilton, Ill, according to an ar- ticle in the March issue of that publication describing the bee-keep ing indust in this state. Weather conditins, together with the immense acreage of sweet clover and other honey-producing er Milled by the Rich- ardton Milling Co. Bismarck Branch Phone 1041 Every -delicious sprinkled on hot or ples, etc. will Constipation When health demands bran, get Kellogg’s because it is ALL BRAN! It is scientifically ‘prepared so as to give you relief that is possible of no other food. Fight constipation to the last ditch and fight it with Kellogg’s Bran! Foods with a low bran content can never give consti= , pation sufferers permanent relief! Kellogg’s Bran you eat—as a cereal, cooked with hot ‘cereals—helps rid your .system of* constipation! helps free you from dangerous toxic poisons which head you to Bright’s disease, diabetes, headaches, rheuma- tism, duiled brains, bad breath, pim- Kellogg’s Bran assures perma- nent relief if it is eaten regularly— ' at least two tablespoonfuls each day; as much with each meal in chronic RELIEVES CONSTIPATION gy BRAN READY TOEAT {TE ORGINAL HAS THIS SIGRATIRE : PANY concn free you from because itis ALL BRAN! cases. Bran sweeps the bowel tract, “cleansing and purifying in a nat- ural way. It causes no distress or irritation—but gives positive action that will give the sufferer natura control, vf Every member of your family can be saved from constipation by Kellogg’s Bran. Realize what it means to health; understand also its’ great value as a body-building food! (Kellogg’s Bran contains the im- portant mineral salts and many of ' the vital food’ elements.) You can make up delicious baking-batches with Kellogg’s Bran as well as using it with cereals, Recipes on every package. Kellogg’s Bran, in individual packages, % served by leading hotels and clubs. Ask for it at your res- taurant. All grocers sell Kellogg's Bran. ‘ spoonful of cold cereals or It