The Bismarck Tribune Newspaper, May 24, 1923, Page 2

PAGE TWO | MANDAN NEWS OPEN LEAGUE CONVENTION | IN MANDAN al convention a Cireuit he eighth cnn nop festival of the he Young People eld in Man for the intere June which number progr udes un, event ting many follow: RIDAY, JUNE FIRST M F 30 Reading ipture ent. lin Solo onsive Reading. sion of Faith John wyer Clifford) Fylling Three Articles | Sakariassen cal 1 2no Solo Call Solo é “The Luther in the Chure'| Melton and Its Miss € Al Trio Karl 1, John Hendrickson, Mrs. re Choir} er | Welcome—John dress of sen ponse ommitt . Rev. W » Appointments jouncements . Swenson | Report | i President’ Secretary’s Report surer’s Report Committee Reports | tion of Officers “Fads in Religion’ ussion “Church | Attendance” | i} 2:00 P. M. ..s++sRev. C. J. Fylling “Church — Publicity”—Miss es Knutson. | “The Lutheran Church, Practice and Poliey”—Rev. J. G Rugland. | Discussion. | Committee Reports Unfinished Business | 4:00 P.M \ Rehearsal Joint Choru | Hymns : Audience Scripture Reading and Prayer—Rev.| W. T. Gigstad. Solo—Miss Theresa Hen- ..Rey. Harold Han ve. Carl ion of Papers .Earl Hendrickson Infinished Business \ \nnouncements SUNDAY, JUNE THIRD At Paface Theater 10:30 A. M. Divine Services Rey. I. G. Monson .-Rev. C, J. Fylling| ermon .. Kitualist .. pecial: Music 0 P.M. Rey. Plamann| Audience | Hendrickson R. A, Nestos Levotion rl Address ... Gov. Duet Paper: “Evolution”—Prof. Running. Discussion \nfinished Business \nnouncements 4:00 P. M. J. E. ehearsal Joint Chorus Grand Concert, Palace Theatre DP. M. } Arise, Shine Cobb / Come to Me . White Sanctus .. Gounod Joint Chorus Soprano solo—“O Divine Redeemer” —Gounod. | Mrs. J. Olive H he Church’s One Foundation—S. S.} Wesley. ilt on a Rock ... Lindeman Cross of Christ I Glory— Conkey. 0 Day Full of Grace . Joint Chorus Baritone solo—“It is Enough” from sees Weyse “Elijah” 4 Mendelssohm John Sakariassen But the Lord Is Mindful of his! MM... 2.2 Mendelssohn hine, O Lord . J. Kent ing Unto the Lord. q Joint Chorus “O God, the Rock of Ages”—Hamil- ton Gray. “Mandan Lutheran Quartette How Beautiful 3 Stainer CORNS Lift Off with Fingers Mozart p’t hurt a bit! Brop a little one” on an aching corn, in- that. corn stops hurting, then you lift it right off with Truly! druggist sells a tiny bottle ‘ for a few cents, suf- to remove every hard corn, corn between the toes, |some of them pictured above, are held as mate Prominent men in New York, Baltimore, Philadelphia, Pittsburgh and other eastern cities may be brought into the gov ring” investigation resulting from the seizure of the S. S. British steamer, off Montauk Point, Long Island. Members of the crew, 1 witnesses, Blessed ounod. dsighting de Director: Prof. Accompanist: who Cometh —Ch.| his native country, Switzerland, and other countries of Europe before re- turning. is he Ed Chorus Herman W. Miss Viola A large number of the South Da- | ard Grieg Monson R. G. Meyers of New Salem, came Maser down last week on Wednesday and spent the remainder of the week with his family here. He returned to New | Salem on Sunday. Mrs, Jennie Hagen and son spent jlast Thursday in Bismarck on busi- A | kotans in the caravan which will tour around the di farms of the Flasher and New Sa and 13, will ey jem breeding cir- cuits on June pend the night in Mandan, it ans | ene 01 rt Fr D at Agent | = fi nounced today by County Agent) & 1, Watkins of Bismarck was here George H. Hse, after a conferenc last week to make arrangements for with men in charge of the affa an address to be given in the town {hal) in the near future. Following the final program at Flash- er the van will come to Mandan via the site of old Fort Lincoln, Mr. and Mrs. W. F. Reko and Mr. and Mrs. G. A, Renden have returned from Detroit, Minn,, where they have been spending a week at the Renden cottage, The Modern Woodmen entertained | the community last week on the 17th Jof May. A good program was ren- dered, after which lunch and dane- ing were enjoyed. There was a very | large attendance. The Community Literary society met last Friday. A good program | people were present. The next meet- jing will be held June 8. || Miss Julia Brown returned from | Bismarck last Friday, after spending |a few days there. Mrs. Lyman N. Cary left Tuesday for Bottineau, where as president of the North Dakota Federation of Wo- men’s clubs she will be one of the principal sfeakers at the annual con- vention of women’s clubs of the sec- | ict. ond, di Mr, and Mrs. Alvin Rosvold and daughter arrived from South Dakota last weel Mr. Rosvold left after a short v for S. D. again. His fam- ily will remain for a longer visit at the Lodge clared that after nearly three months, of inspec ns offered b bu ious archi onsider: costs, the committee is prepared to line, W. E, Titus and A. P. Rosvold present w! it considers the best |jyomes set of plans for the proposed Masonic : Aes telet Temple to be erected here this sum- | Miss Thelma Rosvold came home mer. for the 17th of May celebration. Mrs. H. W. of Mandan will he cone Rose Beer of Bismarck has es of |heen visiting with Miss Olga Peter- the only member from the s North and South Dakota to attend the | son the past week. Marathon Pageant of the Woman's | Benefit association of the Maccabees to be held in Los Angeles, M so called “victor delegate Mrs. Jennie Hagen and son, John, and Ole Swee left last Friday by auto for South Dakota to be pres- ent at the confirmation services, when Mrs, Hagen’s son, Henry, is confirmed, Leslie Ersland left last’ weck for Fargo, to remain for part of the sum- mer. . News of Our Neighbors WING ITEMS Mrs. G. A, Hubbell were Glen Ullin Attorney O. S. Gunderson of Chris- tine, spent several days in Driscoll, visiting friends this week. and daughter visitors week. Mr. and Mrs. Joseph Rustad, who have spent the winter in Florid: have started homeward and are ex- pected home about the first of June. 2 oe isited friends st week, in Wilton se Mr. and Mr: acted busin day. Graham trans- 3 in Bismarek last Fri- Mrs. A. M. Bruschwein entertained a company of friends at a birthday surprise party in honor of Mr. Bruschwein, last Saturday evening. Supt. Madge Runey of Bismarck took in the program given by the teachers of the school Friday even- ing. Mr. and Mrs. C. J. Peterson enter- tained friends at a party Tuesday evening. " ‘\ C, P. Kopplin and family of Tuttle | spent Sunday at the home of Mr. and Mrs. Arthur Kopplin. r The baby daughter of, Mr. and Mrs. Joseph Gertz, who has been seriously ill with pneumonia, is improving. Geo Anderson and family the Sunday at Still the Mr, and Mrs, Anderson. spent guest of F, J. Anderson made a business trip to Minneapolis last week, return- ing Monday eve by auto. A number from here spent Sun- day at Painted Woods Lake. TEETH PULLED; LOCKJAW Bowbells, N. D., May 24—Extrac- tion of several teeth is said by the attending physician to have been Frank Harvey left the first of the the cause of the locking of the jaws week for Helena, Mont., where he/of Swan Swanson, farmer residing will enter a hospital for treatment. near here, who has been receiving treatments at a local hospital. Piles Can Be Cured Without Surgery An instructive book has been pub- lished ‘py Dr. A. S. McCleary, the noted rectal specialist of - Kansas City, This book tells how sufferers from Piles can be quickly. and eas G. Olgeirson of. Bismarck spent Sunday with his family here. Lester Knowles local agent for the Standard Oil Co., spent Monday transacting business in Courtney. DRISCOLL. , Mr, and Mrs. Amos Jacobson of Ypsilanti, passed through town last week, enroute to Wing, to visit Mr. Jacobson’s sister, Mrs. David Olson, of that place, Mr, Jacobson owns land south of Driscoll. A. 0. Krogen went to. Bismarck last scissors, “hot” iron, electricity. or week on Wednesday, returning on ae sé -- AND BEAT HER iin the ily cured without, the use of knife, | it was correct when made, it is held THE BISMARCK TRIBUNE THURSDAY, MAY 24, 1823 SEIZE WOMAN IN AUTO; ROB. i} | Wife of Wealthy Oak Park Attorney Found on Street in Chicago Suburb 24. Mrs mith, wife of un Oak Park attorney, was gagged, beaten apd robbed. of her | fur coat and jewelry valued at $60,- 000 by three men who overpowered her chauffeur and kidnaped her in her own automobile, she told police last night after being found lying on a sidewalk in a suburban district in a hysterical condition. According to Mrs. Smith's story she was on her way home when three men seized the negro chauffeur, threw him out of the machine and then took her to a lonely spot on the outskirts of the city where they beat | her and took her valuables. Chica Ma: ! SUPREME COURT || FROM MORTON COUNTY Eugene We Plaintiff and Re- ondent vs. s Elevator Com- pany, Defe; nd Appellant, SYLLABL | 1, This case was ed on the} theory that the plaintiff had a lien | ure of a chattel mortgage | firmative act on the part of the de-/ fendant, like tortious detention | thereof from the owner, or the par- | ty entitled to the pos on there- | of, or an exclusion or defiance of such party’s rights, or the with- holding of possession under a claim of title inconsistent with that of the plaintiff or owner. Conversion un- der the facts in this case, and the theory on which it was tried, took place at the time of the demand and refusal. 3. For reasons stated in the opinion, it is held that at the time of the ‘allege on of the| grain, there was a grain market, in| the legal sense, at’ Killdeer, -North | Dakota. | 4, While individual sales some- | competent evidence of | are not competent to es- at_when | ablished market, like the wheat market in the cities and) villages in North Dakota, without | competent — evidence, | individual sales are in| the prevailing market | t the time and place on, a witness, in testifying question of the market/ market price of differ- kinds of grain more than ene r before, who has no independent | recollection of such market price, copy of records kept inthe of- fice of the corporation in. whose employ as a manager he was at the time such records were made, show- ing what price it paid for various kinds and grades of grain on the of the alleged conversion, and value, they that such fact made price of wh of the cor 5. Where upon the value or t nt when such witness is, after e: ing uch copy, unable to testi: any independent recollection ket price, and his recol- lection is not, in fact, refreshed by referring to such copy, no evidence being offered to show who made the copy, when it was ntade, or whether that the witness is, in fact, testify ing from a copy of the records with- out proper foundation; that the use the ostensible purpose of refre shiny | =A s in- | should theyrecollection of the witnes proper, and the testimony not have been received over proper = | objection. It is not required that a mem- | orandum or writing, to be proper for the purpose of refreshing — the recollection of 2 witness, shall hay been made by the witness him or that it be an origi wyiting, if or the witness, after inspecting ft, can speak from his own recoll or otherwise guarantee the accuracy of the record or memorandum used. 7. For reasons stated in the opin- ion, it is held that the interpreta- tion of the contract, for the sale =| of the land on which the grain al red to have been converted was | 33 ised, by the trial Court, was cor- | B= ct, to the effect that it w: |= cumbent upon the vendee thereun la der to deliver to the vendor one-half of all the crops annually. 8 Assuming, without — decidin, that the colloquy between the Cour and counsel for the defendant the close of the trial was suffi- cient requ for an instruction, it is held that such request was. pro-| denied because no foundation | laid in the pleadings for ¢ dence of a statutory seed lien which would entitled to priority 0 perl And will con the lien claimed by the — plaint following Citizens | National Bank: vy. Oshorne-MeMill Co. aN 335, p. «266, Under proper p| of the existence of such a statutory lien would ¢ admissible to reduce damages, and in such a case, pro- er instruetions, with — reference | P thereto, should be given on re est. 4 In District Court, Morton County, Berry, J. Action to recover /the value of grain alleged to have been convert- ed by defendant. Chairs {on the grain alleged to have been| REVERSED. converted. Thjs theory will not be|~ Qpinion of the Court by is 3 pinion of the Court by Johnson, <i " departed from in this Court, follow-! J. Broneon, Chy J eonenre ing Ugland Farmers’ & Mer. StaielSuig eens tm re Kitchen Cabinets Bank, N. D. 137 N. W z |S. P. Halpern, Esq, of Hebron, = 4 When property is taken” sub-! North Dakota, and JK. Murray, Kitchen Utensils ject to a lien, a conversion thereof | Rey Maly, NSHUN DAKGE AE a i does not take place until some af-}torneys for Plaintiff and Respond- Dishes ent. J. N. MeCar = (0; North Dakot 2 Oil Stoves ‘ Esq., of Bist North Dakota, & Attorneys for Defendant and Ap- Ranges pe FROM MORTON COUNTY, SLOPE COUNTY, political subdi vision of the State of North Da- kota, and O. F. Metcalf, auditor of *Slope County, North Dakota, Plain- tiffs and Appellants, vs. J. S. Doug- las and the State Bonding Fund, of ( the State of North Dakota, De iz fendants and Appellants. 508 Broadway. SYLLAB! (1) Chapter 86 of the Session Law: of 1921, providing for lega] deposi- taries of public funds, is construed and held to require the deposit of all funds in the custody of the vari ous treasurers of munici corpor- ations in public depositaries qualify ing under the act. Terms Cash. |and Charles Simon, Assistant Attor- | (2) Where, at“the time of the t ney General, attorneys for State ing effect of the depositary law | Bonding Fund of the State of North | (Chapter 56, Laws of 1921), public | Dakota, | funds were on demand deposit in| T. B. Torkelson, Bowman, Nortn | banks which did not meet the re- | Dakota, attorney for defendant Doug- quirements of the law, and where | las. the deposit was allowed to remain in | the non-complying banks until they failed three months afterward, the treasurer and his bondsmen are lia- FROM BURLEIGH COUNTY. | State of North Dakota, on the re’ tion of Sveinbjorn Johnson, Attor- neral, and R. B, Murphy, | ble for the loss sustained. und Respondents, vs, J. Lj (3) The evidence ts examined and Defendant und Appellant. held to show that there was no set- iS: tlement had between the count ilure of an appointive mem- treasurer and his successor in office on the basis of the unauthorized de- posits being accepted as cash. Appeal from the District Court of Morton County, Hon. Thomas H. Pugh, Judge. Judgment modified and affirmed. Opinion of the Court by Birdzell Johnson, J. | ber of the Board of Administration to file his oath of office with the Sec- retary of State within the time pre- seribed by law, creates a vacancy in such office and works a forfeiture of | all right thereto on the part of the person who has so neglected to file | his oath of office. + being disqualified, did | Appeal from the district court of not participate; Coffey, District | Burleigh County, Coffey, J. Judge, sitting. Action brought by the State of William Langer, Bismarck, North | North Dakota on the relation of Dakota, and C. P. Brownlee, State’s | Sveinbjorn Johnson, Attorney Gen- Attorney, Amidon, North Dakota, at- | eral, and R. B. Murpty, against J. 1. of the copy as a memorandum for fast, any other cutting or burning, method Thursday. without confinement to bed and no hospital bills to pay. The methad Mr. and Mrs, Henry Van Horn has-been a success for: twenty-four ‘ah Martin Clauson left last week for Dunscith for medical treatment. spent a day in Bismarck last week. years and in more than ‘eight thous- 55 and cases. The book is. sent post- paid free to persgns afflicted ‘with niles or other. rectal trophles who clip this item and mail it with name and address to Dr. McClepry,, D542, ‘Parkview Banitarium, Kansas City, Mo, mp, who has been farming seon for several years left Joseph last week for Europe. He’ will visit Dont it all for food | Spending the household allowance on expensive, ible foods leaves nothing for clothing or the luxuries of life. Cut down your food cost by serving Sh real whole wheat food. eerie ans car s for lunch, for dinner. milk make a complete, cents. fraptains af the mee fe grain, including the which i ful in sti . ea nering, the OX. is so useful in stimulat: / : torneys for Plaintiffs and Appellants. | Cahill, to try title. to” the office of spend indigest- Wheat, a y nou for break- Two Biscuits with hot or cold nourishing meal at a cost of a few utritive elements in the whole wheat Deliciously nourishing licious with all kinds of fruits. TRISCUIT isthe Shredded Wheat cracker —a real whole wheat toast—eaten with butter, soft cheese or marmaledes. A free sample of Shredded Wheat with our new booklet, ‘The Happy Way to Health,” ie sent free on request. The Shredded Wheat Company Niagara Falls, N, Y. nr AUCTION SALE! Furniture and Household Goods Saturday, May 26th. TARTING AT 10:00 O'CLOCK A. M. Furniture and Household Goods Am closing out my entire stock of New and Second Hand Fur- niture. Public to Buy at Their Own Price A FEW OF THE ARTICLES: Remember the time 10:00 a. m. and Date May 26th. GEO. W. LITTLE, Second-Hand Store AAA George F, Shafer, Attorney General, | member of the Board of Administra- | nt appeals, | eee) ee | After Eating? | Opinion of. the “court by Cooley, | Wess 3 District Judge. | tired, nervous feeling may be a Johnson and Nuessle, JJ., not par- | cign of poisons in your aan ticipating; District Judges Cooley and | prevent proper digestion. Food turns B | into more poison king you { OF: tinue all day. Imust SELL all my Now is the time for the Tools Springs Sanitary Cots: Center Tables Mattresses Library Tables Beds Dressers Sewing Machines Rockers Ice Boxes Tables Bismarck, N. D. E. M. KAFER, Auctioneer. Do You Feel Tired De- | Judgment for the plaintiff. | , Mandan, arek, D., and D., Attor- | ne: and weak. | bark, glycerine, ete | lerika, expel nd gas BOTH upper and lower bowel. Re- * | moves old matter you never thoug in your system which poisor omach and made you t | vous. Adlerika is EX gua ainst appendicit | low, druggist. After Every Meal WRIGLEYS Most of us eat too hastily and do not chew our food enough. If people realized how much more good their food would do them, if properly mastiicated, and followed up with a bit of WRIGLEY’S to assist the digestive process, . we'd have far better health. ne buckthorn mixed in Ad- r Appellant, Sveinbjorn Johnson, Attorney Gen- nd George F. Shafer and ( mestad, Assistants Attorney crals, Attorneys for the Respondents poisor ed and n SLLENT to . Jos, Bres- Canton, Egypt, has a water clock that was erected about 1324,A. D. Keep teeth clean, breath ' sweet, appetite keen and diges- tion good with WRIGLEY’S. Wae- WRIGLEY’S Is the perfect gum, { on 8 made of purest materials, oyinayy in modern, sanitary es factories. ° - fresh and