The Bismarck Tribune Newspaper, April 2, 1923, Page 4

5 loa PAGE FOUR (igen aaa THE BISMARCK TRIBUNE, SUPREME COURT. Entered at the Postoffice, Bismarck, N. D., as Second Class @————_——_—-—* sy _“ THE BISMARCK TRIBUNE RIGHT ON THE JOB B’GOSH! Matter. Jogan ae 2 aise aes From Logan county Miller, BISMARCK TRIBUNE CO. - - - Publishers |)" Grae Herat ran ai Gene G. LOGAN PAYNE COMPA ennore after, a note given therefor: later ‘HICAG . . S . & DE' Vg nent +, the note surren- Marquette Bldg. Kresge Bldg. agadrentent aie" UlpovAnale SoneTane Tens 5 5 igned by the defendant, NEW YORK Le aSPOU LASTS) Nhe StH Ave. Bld lai: fies rine rade whe me THAT | PICKED 7 bs ii % 1 ve. Sl action commenced, defendant de THE WRONG MOMENT \ stroyed the note, it is held, for rea sons stated in the opinion, that the jaction was properly brought and that the evidence supports the jury's ‘verdict that the merchandise was wise credited in this paper and also the local news published |‘)! by plaintilf to defendant. In district’ court, Logan eounty, herein a eyes sat ase F M wclion upon account All rights of republication of special dispatches herein are, Defendant has appealed siso reserved. judgment. Affirmed. Opin- lion of the court by f is MEMBER AUDIT BUREAU OF CIRCULATION | Arthur Be Atkins, Na ——— | Scott Cameron, Bismare 1} torneys for appellant, f. $7.20) ner, Napoleon, N. D.. attorney 7.20 | respondent. IBER OF THE ASSOCIATED PRESS ie Associated Press is exciusively entitled to the use or cpublication of all news dispatches credited to it or not other- froma SUBSCRIPTION RATES PAYABLE IN ADVANC Haily by carrier, per yéar.,. saily by mail, per year (in Bismarck) for y by mail, per year (in state outside Bismarck) .... 5.00) Fr ST ocTHOR RGR iaily by mail, outside of North Dakota.............-. 6.00) Coit Liff and respondent, vs. ‘ Sse | N. Henderson, et al, THE STATE’S OLDEST NEWSPAPER pdefendant and appellant. Syllabus: (Established 1873) (1 In the ease app to the su- - Sn Ae | preme court for a trial de nove un der Section 7846, C. 1. 1913, it is held to be the duty of the low court, on remand o fthe record to it, to} comply with the mandate of the su- | preme court and to obey the dirce: NAPOLEON'S END New revelations about the last days of Napoleon are} published in a book written by his second valet, Louis | Btienne St. Denis. Historians have been perpetuating the old story that | ters er j Au ee the ab ie vords were: » “France * * * army * a qi preme court ¢ s Shat a judg- o's last words were: » “France army head | rent be modified in certain particu. of the army Josephine. lars, it is the duty of the court to That sounds a little too theatrical to be true, more like! what would be said by a stage Napoleon than the real Nz poleon. i 5 : i tions or cha St. Denis, in his personal recollections,, wrote nothing | yypeat trom about these alleged last word According to his story, Na-! Ward county, poleon in his last moments was chiefly concerned with get-| ting wine. The valet recorded it this wine from time to time, whi He said after drinki the original judgment directed; and it take other modifies. Kes in p judgment. | the dist of Low modify and only ho power a judgment in favor of the y a cle for a Htt}e {defendants appealed, and the He would ask for a little | rent was modified so as to which they hastened to give him, |Wetsin mortuages to be pr king a few drops, ‘Ah, how good wine is! es lien (39 .N. D. or to the im 167.N, How good wine JW. 720). Remittitur w That sounds more human. And Napoleon was childishly ae tie Silent enters — “Won't you try?” head, human. the trial court to modif I told her, As death drew near, while rats scurried to and fro in the} ment as entered, and apy rambling corridor: “He would cough so loud that he could j the order denying such motion, Af I shook my “It is too la “1 MICHAEL'S WEDDING’ am a hunted man today, and shall be to pe ea house: _ The STaTCt Or cd waar ee cain Ester Oe aera a GIFT H 4.3 ra nes chitoniéles of ang ile Is that light now burning elsewhere? [fests Sei at, oes Copyright, See tere Uphipsdonpenter ee tn TE aie Napoleon, vain to the ail i egomania, was constantly torneys for respondent.” a mater MAS eei vice ine % a ASCE eee Me on the watch for anything that he could interpret as a slight, | proud lip, perhaps a faint waft of eplicd..-“She has not ev ‘or aspen I knew the truth then, of course. n_ applied | | Louisa was never one to brook a rival. I felt a momentary compunc- ; | tion when I thought of Janet's ter- | ror in the cafe at Marseilles. After! all, although+we had ¢eased to care | for one another, she had been faith- ful to me after her fashion. ! “We heard. thet you were drown- eq at Marseilles,” my companion re- fin St. Denis wrote. | From Mountr: County: The a Rares ee i: of that perfume of which I had been a reveenctaheolitely tike:aichild’’ Istate of North Dakota, plaintiff and]... BEGIN HERE TODAY | ckon’ strange person,” she | dimly conscious on those four day e WaS ads A Ke a cnild. E Shanna Gl AUDEN Gls Vendetta begins between declare hy were you masquer-| when she had sat by my side, some He knew that he caught cold easily, yet he never hurried evant and appellant. Syllabus: 1,| MICHABL SAYERS, noted criminal | ading as a woodn one of these things or all of them to shelter when caught in the rai ; valking TRS PHANG fence on | tthe “Because I have other | together gripped at my heart, filled ©. In reading, ue ued a able rig ee a ae ae rateareaTi Arter Tha: is HAY Paneer avert’ | oe anos ian chy shin iva ene: te troractavece ey “a ” a Lite a ol As oned ary one alge Scotland Yard, when Sayers’ beau- | swered. “1 was 4 from the} inat 1 did the only thing whieh on the library shelves. If the book bored him ,he showed |ter 97, Laws 1921), the evidenee is} t ful houseni j moligenenDhasiieaa t opportunity | scemed possible—{ hurried out of lively displeasure, often throwing the volume into the fires ern ter ind EI Oe ENS) he pen SU the rogny ena seus of the house, / RPeeIRE ldaua- she, ar ee fs i ay were| flict of guilty. 2. y snooting dead an officer sent | gne sighe MR YOUNGHUSBAND'S face’ was : an his last days, he wore his clothes until they were) cq jn tne opinion, it is held t est hin, Janet becomes | SMC SiRMed. {a picture when I visited him next | shab by, then Bee tailor “turn” them. i" ; nee (ot if any, in admitting wife and accomplice. After | jt AM Sere ne confessed. | “All| vgening at his offices in Lincoln's t_. never used gloves, except occasionally on horsebac' | wi rrant and the return th many narrow apes from cap- ae ciipa © : * ! Inn, I was still in my chauffeur’s “The emperor never wore any jewelry except a watch,” evidence, is error without pr puree : el ce ie ie aie At Boulogne I was intrusted with | livery, which, with its visored cap, runs the valet’s record. Probably this was due to fear that} dts pein aoe . eet fora ques. Led by Michael, the threeij ‘he. ar, which I drove to Yondon onan Ee terra ee! pat jewelry might detract from attention that he wanted exclu-|<ity to negative an exception in the| scheme to rob passing motorists. | 11d Geli Bipee ee etree | he shook in his ebair. sively for his person. statute unless the exeeption is such ened a wee nthe grand t Street, There I re-| “Surely,” he faltered, “this is os s to render the negative of it an i sts cdivedinamessare dhatethe .youne) made to run down an embankment Napoleon was an abnormal creature. His career reflected ¢ssential part of the definition of) ing in the confusion of rescue the | lady, whom I had avoided seeing at , r ting the rise and fall of his diseased pituitary gland. ee anata fe eat Watching lumberimen ‘rob. the it eee av sled TON DE atone | tie Mee Cea ane He was a genius at leadership and organization.. But] pronibits the unlawful manufacture Hop ne ee aoe aCe utiktle.) Sitting oom aneo the y. [found a perfectly safe personally he was a type that few of us would invite to call) of intoxicating liquors, or dhe pos-| heautiful. girl and her father, | 8teat house, and she came to me al- mean Gs getting in England, and again, judging from his valet’s book. So much for one of | session ef any utensil, contrivance | Whose car runs wild. most at once. — / he aad a Boren uancaaoney the 25 most powerful personalities that ever lived jor machine designed or intended for Semes i i BN uncle wished ime to give oa hae ae Bee Ss song 5 a . {use in the unlawful manufacture of NOW GO ON WI STORY th she said, handing me a drawer, but I brushed it on one side. j intoxicating liquors (Chapter 97,| MICHAEL SAYERS CONTINU ope. “And I wondered”—she r “I wil] have a thousand pounds in her eyes to mine—“whether — y would care to have a little memento of me?” She gave me a picture of hi in a tortoise shell frame, and I put it inté my pocket with the.envelope. Laws 1921), need not negative the proviso in such statute permitting certain liquors to be ma tured, |. “furnished and possessed when ral statute.” Ap- district “You were just in time, ‘That was a wonderful jump. The old gentleman was in the road by this time and gripping my hand = good fellow,” he exclaimed, work CANADA AND PAN-AMERICA | John Barrett, former directro-general of the Pan-Amer- ican Union, finds that in the present congress at Santiago, | Chile, the one subject of most popular appeal in all the coun- land for the same amount. your check out for it; then we talk.” y “you have done a great da} tries concerned is the proposed membership of Canada, the Haeiee ut ce for yourself! For God say |) ei cehall forget that eve. | have’a moment free from anxiety,” Obviously it will never be an All-American Union until fl EERE a re ene that you understand English. ning,” she continued “It was | he complained. Canada is in. If there ever was any good reason for that ||)" eae, pein! eet th “I have hewn wood in pe von] wonderful, jump, 1 sheased my CLT , nink aby. tt Toy Hen EP cep Wye CD i aie told him. “I speak English] “I think, Miss K ; “1 shall not trouble you much country remaining outside, it has been swept away by the ps rom the judgn of convie- neh, whith yon wilt ‘that you better foreet'as mach | longer’ U peominel, “liens is ape recent concession of the British government giving Canada j tion and fr m the order denying a “My name,” he announced, of the whole affair as you can. Be-|cther matter to be cleared up, the right to make treaties independently of the mother, H im med, Opinion af tie Lork Mindcesley uc will never re- | jieve me, I am not a creditable ae-,| though. In Marseilles) I was told country. jeourt by Funke, | gret this day's work. quaintance.” that Janet Soale had’ drawn a large nes et RN he eT pes cq | Gatmpbell & .N. D. some attempt to descend} “But you might be,” she pers sum of money from you.” The Dominion, though still a part of the large, loose storeys f It. held me in my place. ed. “It is utterly false,” the lawyer | fabric called the British Empire, is a self-governing nation, | swendseid, s\ free to act with England or not as it plez and in essen-|> tials as American as any other democracy in this hemi-| sever sphere. There are many of our own people who insist that | sondent. Canada today embodies, more than the United States does, | the genuine Americanism of older generations, before the reat influx of immigrants from eastern and southern | He urope. | Blevator © Canadians are said to be friendly to the big Union, apd |leendantsat Me: the Union is frankly friendly to Canada. A formal invita-|,, Dearie Aion to join is expected from the present congress. The so American representatives may: be expected to give cordial | held that the provisio support to such an invitation. It would be an honor to have | lease om the sl plan, ‘Canada in this promising New World association, whose use- | ue loathe cere the =fulness is just beginning, and it would be pleasant for the | the ON United States to have an Anglo-Saxon associate in a group.| axe otherwise made up entirely’ of Latins. /aeialansctt RARE OS ee [tions to th | were contr: 1 must drive us to the next town,” he insisted, “to Hyeres Toulon. 1 will reward you hand somely, but we cannot be left her and T will not let that wretche youth touch the car again.” “Where are you going to?” I in quired “English,” the girl answered, | to Boulogne.” “I will drive you to Boulogne,” 3 said, “if you will give me that younp man’s livery and papers, and recom | pense my comrades there for my ab farm | sence. They will have to engage an- ing | other woodman.” of | “It is agreed,” he declared eager ly. “We shall not quarrel about terms. I promise you!” During the whole of our four day journey, the girl, who sat by m side all the time, remained us thoug | wrapped in her thoughts and spok to me only after long intervals. “How is it that you, a woodmar can drive a motorcar?” was her firs question, “T have not always been a wood man,” I answered. \ Bismarck, N. EVERETT TRUE BY CONDO Ramsey ‘i y county: John W.} uh respondent, vs. | NID ARTER ALC MY Tack (Y— You DON'T Sce& THE POINT }— From Rams owne: mort: | a chattel ons stated in the | s held that the instruc: \ HAULING How would vyou like to make your living hauling stuff the tr “at a price of a cent and a fifth a mile for each ton? For in-|ins stance, to haul five tons of coal or furniture for six cents a graph, and that correct in order- E | DumB- Ber us instructions. Appeal from | the district court of F coun. | “mile. ‘ity. Hon. Burr, J. Defend inne- i D 2 t 4 «ag ty: Hon. Burr, J. “Why did t that boy's & That's what the railroads did last year. They received |Kota Elevator Company, appeals | rire eager eee es | “Because I wished to reach Eng | Jand, and I might find it difficult tc get a passport of my own,” I ad- ‘an average of less than a cent and a fifth a mile for carry-) from Sing the average ton of freight. The rate may be too high, |: A 5. at that. But it shows a tremendous econonty _fompared | y; S for aipeltaytel mitted: Zwith the cost of most of the other things we do in civiliza-'sinness, Duffy & Wheeler, Devils | On the following day, after a pro e of business iis the reason. ‘Lake, N. D., attorneys for respond- | longed silence, she again adopted ar tion. Big volum = gative tone. P y did you risk your life for us?” she asked, with curious abrupt- ness, toward the close of a long | day’s run. | “Because I admired the way you i were facing what seemed to be cer ent. $16,500,000 Cost of a Modern Battleship interroj # Fut a , BLIZZARD : More than 10 feet of snow fell this winter in Portland, | To equal that, the weatherman has to go back 50 years. Weather runs in cycles, like nearly everything else. Cut- ape down the forests may have lessened snowfall in some| Lapieh, Aprily ae Ta of| tain death,” T told her. i i i 8 i] utding a Sretcrias! eEeSenlp “Is it true,” she went on, “that istricts. It may also have affected rainfall. But strike an) i914 Was Arms tteaeatys G00I000 cece oie a gtr ae! ce arene perature over periods of 10 years each, and the. pounds sterling, or about $2,500,000, t changed since the first records were kept: re than a century ago. Some old settlers believe other-| ab 2. dy Dom frequehtly rob travelers but the cost of a similar ship today | who have met with accidents while is about 3,300,000 pounds, or about} motoring?” $16,500,000, according.to Commander} “Quite true,” I admitted. “i “They e. But the terrific winters they tell about will repeat) Eyres-Monell, parliamentary secre-| } ‘ future years when the cycle finishes its revolution. tary to the admiralty. Hs “the)accidents. nownie sieht: Explaining this increase the ¢x-| geige” , pert says: “It must be borne mind, however, that a modern cap tal ship embo‘ies. fratures found necessary in the light of war ex- perience which involve a consider- ably greater tonnage,. offensive and | 4f wish you would not tell me {those things,” “he said reproachfui- :’ ‘That World Court may get along all right as long as it joesn’t start handing down five-to-four verdicts. ‘ ik Se ee ena ‘The American people might make more governmental * a “It is the truth.” I sssured her. “We rather thought of wrecking| | your car, but I watched you coming|' 4 they didn’t spend half their time electing pres-| jefensive armament, and conse-| down: the hill, and afterward I only 5 Leetonia 5 me quently cost.” thought of savingxgou,”’ » wey Bank of England notes,” I told¢him, “and a draft on the Bank of Eng- Send | can “When you are in London, I never | at | Gre | tin ‘which will be held here in May. the | who enter the institution i cated by the fact that one_man who |’ |4 month when he entered the place {nomadic tribes report, more wolves; .| Bed Army will be used in marked. “It was a narrow escape,” I ad- nitted. “Rimmington and Greyes were both over there, and they got on my track through Janet and‘ ad luck that night—and Why don’t you retire?” the law- cr suggested, leaning across the “You have sufficient money, | and you are fond of the country. Why not make full use of your won- deriul genius for disguise, choose some quiet spot and run no more risks?” “The matter is worth consider- I admitted. “There are a few | little affairs to straiguten out first, though.” Mr. Younghusband looked at me curiously; then he laid his forefinger upon the copy of the Times which | he had been studying when I enter- ed the offic | “You are interested in tomorrow's | event. I suppose ?", “What event?” I inquired. The lawyer shrugged his shoul- | ders. 1 could see quite well that he did not believe in my ignorance. | “The marriage of your old friend | Norman Greycs.” H I stared aeross the table incredu- lously. “T have, indeed, been living out of | the world,” I observed, “Whom is he marrying?” “D you mean to tell me that you | do not know?” he demanded. | “Of course I don't,” I replied a} little irritably. “You seem to forget where T have been for the last four months.” “Norman Greyes is marrying the lady whom I have met as Mrs. Stan- field. She calls herself now Janet Soale.” le. that was, undoubtedly one of the | shocks of my life. I held out my , hand for the Times and real the lit- | tle announcement. | “Good!” T said. “I shall attend | the reception which I see is being given after the ceremony. It will) he interesting to see Norman Gre taste in pearls. I see that h having his “collection strung as a ding present for his wife. “If you do, you're a madman,” the er declared angrily. “Madmen for luck!” I replied. JANET TAKES UP THE STORY It was exactly two months after I had left Marseilles when Norman | s walked into my little sit- ‘oom in Smith Street, West- ter, where I was busy typing a play for the agency which occa- | sionally sent me- work. Before I} had got over my surprise at his com- | ing, I felt his arms around me—and min every atom of strength leaving my body. The most wonderful moment of my life had arrived!” When will you marry me, Janet?” he asked a little later on, when he! had set me back in my ‘chair and seated himself by my side. “Marry you?” I ‘gasped. can you talk of such things!” “Simply because they have to be talked about before they can be} undertaken,” he replied. “I look upon you as Michael’s widow, but you have never cared for him as you are going to care for me.” (Continued in Our Next Issue) “How | Open Citizenship Classes at Pen! A class in citizenship was opened last evening at the state peniten- tiary, with M Madge Runey, coun. ty superintendent, in’ cha She will conduct classes in civ id citizenship every Tuesday and Fri- day evening at the penitentiary. After only four days of instruc- tion in writing and familiarity with the letters of the alphabet, one of the inmates of the state peniten- tiary has arrived at the point where he was able to write a short letter to his patroness, Mrs. Alfred Zu- a very legible hand. J. 1. sual, Zuger expects to place this n her exhibit which she will at-the eight district, meetings of | ederation of Women’s clubs | The night school in illiteracy at the penitentiary was organi year ago November by Mrs. Cora Wils Stewart, originator of Kentucky Moonlight schools, and Mrs. Alfred Zuger. Something of the value of the training received by the illite had been earning only $30 or $35 obtained a position at $135 a month at a Standard Oil station in North Dakota a short time ago when he ischarged as’ a result of the that he hag learned to read and write. Wolves Haunt Dreary ‘Plains of Tartar Land Kazan April 2.—The wolves have | come back to the steppes. In the cold winter nights on the wind-swept plains of ‘the Tartar Republic, the have been seen this year than for| decades past. bold that they howl at the very doors | of the dug-outs or mud houses that the wandering Tchuvash and Bashkir people inhabit in the winter in place of their summer tents, In the Tartar Republic, the Tchu- vasch ‘and Bashkir territeries, more than 40,000 head of cattle have al- ready been destroyed by the wolves! this winter. “This destruction among live ystock, already depleted by the famine, is so serious that the gov- ernment, has launched a: campaign |’ throughout the province to kill the wolves. Huge hunts are being ‘or- ganized. The population, has very few. rifles, and little; or ‘no ammuni- tion on id, therefore it is consid-. | return on accoun pounds to the acre. | with a red flannel comb, glass bead They have grown 30]: We don’t want taxation without * representation. We want represen- tation without taxation. Ours jails are not big enough for every man to act as he pleases, When you come home. and find the kitchen stove in the patlor you know it is spring cleaning time. Many an’s) Sunday suit of pajamas/ suit is a Old wine in new bottles doesn worry half as: many people as old feet in new. shoe: The woman who goes through a man’s trousers is nicer than the on who sends bullets through them No matter what you plant in your garden you should be able to get some chickens out of it. Harding might improve his go.f score by imagining the ball is some congressman's head. Baseball umpires, aviators and ac tors all get good play, but look at the risks they run, “Holland Gin Found” Ah,\a Dutch treat. headline. A Detroit man because his wife Very few women Prohibition h A Russian poet asking divorce chews tobacco un spit straight done ays he of some will nev good into wal Perhaps a bear driven Maine town by heavy snow hungry as a bear. being shocked by musical but the fare from here to pretty high, Anything can happen now. Ln London, an Englishman laughed himself to death at an American movie. Mexican actress hb ar run, but the bandits ha a much longer run than that. has had a five- had .Full-grown elephant captured in Afric: five fect tall. co haters say it smoked. This year may go down in history s the year of no coal strike. Gorden hint: Hops grow about 100 It is getting so a dog can't bury a bone without worr woover the archaeologists digging it up. Wonder why it is grippe gernis don’t catch the gripne? Winter is about over. Long ma it stay ove ADVENTURE OF THE TWINS By Olive Barton Roberts The next person the Twins met in Sugar-Plum Land was a black hen eyes and paste board fect. Her feathers were real, however, and as black as coal. “How d’ye dol’ said Nancy. “What's your name Higgeldy Piggeldy swered the black hen. for gentlemen ju: says. Also .I lay some’ sometimes ten, and sometimes a hun- dred which no live hen would ever think of doing.” “Then how does. it happen that ~ you can?” asked Nick. “Easy as pie,” replied Higgeldy Piggeldy. “I'm-as full of candy eges i as a pig cushion is of sawdust. My head unscrews and the rest of me is hollow like the Green Sugar Piz. I think that the is going to put me_insidebChemfwvp going to put me into some child's Easter basket. But I'll tell you a secret. I’m mortified to death.” “Why?” asked Nancy, “The Chocolate Rabbit told the Green-Sugar Pig and the Pig told the Knick Knack Elephant, and the Elephant told the Pink ine Fish, ahd the Fish told the Maple Sugar Rooster, and he told me that the Easter Bunny was going to put Fuzzy Wuzzy, the Yell ckling, into ‘the sz basket with “Won't ou \like that?’ Nick, “He will be good comp: “Like it! I feel like’ fain Good company, indeed! Why every: body will think he’s my son, and not ' wishing to separate us, they will keep us together the rest of our lives. I just know I shall be set on the nursery mantel shelf with him right beside me and there we'll stay till kingdom come.” “If you feel so cut up about it, perhaps we can fix it,” said kind Nancy. “I shall ask the Ginger bread Man to speak to the E Bunny. Perhaps he'll change Wuzzy for a nice downy chick. “Thank you,” exclaimed Higeeldy Piggeldy. , “I shall be very grateful.” (To Be Continued.) - (Copyright, 1922, NEA Service, Inc.) — am | A THOUGHT | —_— —____—_____© Is there not an appointed timo to man upon carth? |Are not his days also like the days of an hireling?— Job, 7: Life ‘is rather a state of embryo —a preparation for life. A man not completely born until he passed through death.—Franklin. has ered, probable that soldiers of, the “a, wolt « i drive,