The Bismarck Tribune Newspaper, May 28, 1923, Page 2

PAGE TWO lecognition of Fight on Illit- eracy and of Responsibility of New Voters of the Na- tion Is Urged by Executive in Proclamation to be Is sued Governor R. A. os today inaug. ated @ movenient to enlarge ac les of the Fourth of July to i phasis on the nation-wide Lign to wipe out illiteracy and to ve public recognition to new voters. Acting in conjunction with Mr ora Wilson Stewart, natic chair- an of the illiteracy of the ational Education ation and e state departinent of education, in phasiz the campaign to remove literacy, Governor Nestos will ask 1 other Governors in the Union to sue a similar Fourth of July procla- ation. Need of Speaking English. ig the position that an ade- ate knowledge of the English lan- age by the immigrant is not only value to him but to the nation, jovernor Nestos will urge that appro- | riate exercises be held as a part of he celebration of Independence day one or more places in every coun- y in the state “for the purpose of iving recognition to those who have ently attained the right o1 voting, md that each organization of the ate join aggressively in a campaign br the elimination of illiteracy and e training of our people for the rger service and better citizenship, Ind especially that all employers of hbor should exist that inside of a leur every laborer, of sufficient men hl and physical capacity, must learn read and write the English lan- luage reasonably well, and that the mployers take steps to co-operate ith the educational forces, the meriean Legion and Legion Auxil- he women’s clubs and fraternal n providing the facil- ies for these laborers and others to parn to read and write and to enjoy greater use of the language and iterature of America.” To Proclaim Fourth, The Fourth of July wil} be pro- Kaimed for observance also as New ‘atriots’ Day in recognition of those lecently attaining the right to par- cipate in the nation’s affairs through he ballot. “It must also be evident that in his land of opportunity regarded as fie melting pot where the best traits nd characteristics of each national- y_and race should become an in- gral part of the future citizen, thus lonstituting him a éomposite of the reat ideals and the noblest charac- risties of his own race and nation- lity,” the Governor will say in his roclamation, “the immigrant must ot only know the great ideals and jhe noblest characteristics of his own ce and nationality, but he must ave such an understanding of the it of America and such knowl- \ige and facility in the use of the nguage in which tits spirit is ex- ressed as to make it possible for im to interpret correctly and help- lully to the growing citzenship of the lountry of his adoption the ideals nd characteristics of his native and.” ef REAT SAVING IS SHOWN IN .LIGNITE USE (Continued from Page 1) pgheny Screenings, can be laid down bins at $8.75 per ton, this coal ontaining about 11,800 heat units pound, the cost of coal required © produce 1,000 pounds of steam ill be 617-10 cents. Can Use Lignite “A ‘comparison of these results,” ys the report, “shows that an in- stridl plant ay Fhrgo, properly quipped with the necessary mech- nical equipment and automatic jokers for burning lignite, will be nabled to make.steam at a cost, for oal, of thirty, (30) percent less than at required in the case of using stern coals. “The abdve results are based upon sent freight rates, which owing p ‘the fact that the lignite market is not been sufficiently stabilized, ire somewhat less favorable to coal msportation, from west to east cam Tal OVERNOR WOULD ENLARGE SCOPE OF JULY 4TH CELEBRATION; NEW PATRIOTS’ DAY OBSERVANCE URGED | they will not sel] these bonds to the THE BISMARCK TRIBUNE sti free to exercise its discretion, and to enter into contracts for the sale of its bonds. In view of the fact Liat no contract has been enter ed into for the sale of the bonds, prospective purrhasers are still fre submit: offers, and the commis- still ut liberty to exercise vir discretion, The defendants in their answer that the temporary restraining be dischar , and that they ercise their disere to sioners 4 ask order be permitted to ¢ tion as Rrovided by law “It is my opinion from the show ing made on the return to the order to show cause, that the commission- ers did not act fraudulently. ‘The | most that can be said is that they attempted to act a little too hastily, and as a result would not have ob- tained us favorable a sale as can now ‘ve made. “Phe county commissioners are the fiscal agents of the county, and as such are entrusted with discretionary | power in matters such as this, and courts should not control the exer- cise of such d ion in the absence of a finding that their action is fraud- ulent and in bad faith, ce “In view of the findings that the commissioners acted in good faith, this court should not assume that best bidder, and for the best inter- ests of the taxpayers. “An order will therefore be enter- ed dissolving the temporary injune- tion.” The case was instituted by J. P. A. W. Lucas, E, A. Hughes and An offer from Mr Hughes to buy the bonds at a lower rate than the commissioners had apparently plan- neq to sell them was read into the court record. States Attorney Allen said in court that if the injunction were dissolved the commissioners could be depended on to go ahead and sell the bonds at the best possible price. The bond company, it Is under- stood, claims that a contract did ex- ist for the sale of the bonds. NOTICE OF REAL ESTATE MORT- GAGE FORECLOSURE SALE. Whereas, Default has been made in the terms and conditions of the mortgage hereinafter described, and the mortgagee having declared the entire mortgage indebtedness due as Jauthorized by law, now therefore, Notice Is Hereby Given, that the certain mortgage, made, executed and delivered by L. C, Stearns, an unmarried man, Mortgagor, to Farm- ers Trust Company, a corporation, Mortgagee, dated the 2st day of duly, , and filed for record in the office of the Register, of Deeds of the County of Burleigh And State of North Dakota on the 24th day of August, 1920, at 2 o'clock p. m. and there recorded in Book 169 of Mortgages at page 43 will be fore- closed by a sale of the premises in ch mortgage and hereinafter de- scribed, at the front door of the Court House, at Bismarck, in the County of Burleigh, and State of North Dakota, at the hour of ten o'clock in the forenoon, on the 6th day of June, A. D. 1923, to satisfy the amount due upon such mortgage on the day of sale. The premises described in such mortgage and which will be sold to satisfy the same are situated in the County of Burleigh, and State of North Dakota and are described as follows, viz: Lot Three (3) and the West Half of the Southeast Quarter (W'%SE%), and the Southeast Quar- ter of the Southeast Quarter (SE% SE%) of Section Ten (10) in Town- ship One Hundred Forty-four (144) North, of Range Seventy-six (76) West of the Fifth Principal Meridi- an. There will be due on such mort- gage at the date of sale, including two delinquent interest coupons of a prior first mortgage, one for the sum of $55.50 and one for the sum of $54, and interest thereon, Jue August 1st, 1921 and 1922, respec-4 tively, which said coupons the mort- gagee herein has been required to] pay and has paid in order to pro-{ tect its interests in the mortgage! under foreclosure, the sum of Two Hundred Sixty-seven and — 43-100 Dollars 267.43), exclusive of costs, disbursements and attorney's fees al- | lowed by law. Dated this 28th day of February, 1923. FARMERS TRUST COMPANY, A Corporation, Mortgagee. ARTHUR L. NETCHER, Attorney for Mortgagee, Fessenden, North Dakota, 4-27-5-4-11-18-25-6-1 5. = SHERIFF'S SALE. STATE OF NORTH DAKOTA, County of Burleigh, ss. Farmers Union Warehouse Mercan- in =they are to corresponding eeight movements from eust to rest.” IND ORDER IS ' DISSOLVED; NO - SALE EXISTED (Continued from Page 1) * lavits, and it is elementary that phen a sworn answer fully and un- wivecally-denies the material alle- tions of the complaint upon whi aplainants’ equities rest, the in- netion will be dissolved. '‘“Fraud is absolutely denied, and court must therefore assume that dants acted in good faith. Tt ppears affirmatively that the de- jants’ attention was not called to /fact that bonds at a lower rate puld be sold until after this trans- tion. It is also clear that the pub- generally, and brokers par- arly, did not know that bonds _ county would be sold, and it ‘appears that better offers have ice been made. jopen court, in the presence of ting chairman, the state’s at- state that it was not the in- of the board to issue or seh -@ higher rate than’ could’ |. but that it was the in- board to sell the bonis le and Milling Company, Plaintiff, vs. Consumers Company, a corpor- ation. . Notige Is Hereby Given, That by virtue PG an execution to me directed and delivered, and now in my hands, issued out of the clerk's office of the Fourth Judicis] District Court, State of North Dakota, in and for the County of Burleigh, upon a judgment rendered in said court in favor of Farmers Union Warehouse Mercan- tile and Milling Company, Plaintiff, and against Consumers Company, a corporation, Defendant, I have levied upon the following described al property of ‘said defendant, to-wit: Lots Ten (10), Seventeen (17) and Eighteen (18) of Block Fifty-one (61), Original Plat to the City of Bismarek, Burleigh County, North Dakota. id that I shall on Tues- day, the 29th day of May, A. D. 1923, at the hour of two o'clock p. m., of said day, at the front door of the Court House in the City of Bismarck, in said county and state, proceed to sell the right, title and interest of thé above named Consupers Com- pany, a corporation, in and to the al scribed property, to satisfy, said judgment and costs, amounting’ to Two Hundred Twenty-two Dollars and «Nineteen Cents, together with all accuring costs of sale, and inter- {Vienna |from Beethoven’s Frances Alda celebrates June days on a new record that puts ice and snow far out of mind. “Jf Winter Comes” borrows its theme from Shelley, 8 sprightly, tripping measure, sung in Ime. Alda's delicious, light soprano against springlike rustlings in the or- chestra, His first solo record to be made in this country serves to introduce the magnificent bass of Jose Mardones, re- cently acquired by the Metropolitan Opera Company, It serves also to launch a splendid aria from a little. known opera of Verdi’s—"O Tho Palermo” from “Sicilian Vespers.” It is a majestic number, sung with ime passioned melody and ‘superb virility, - eee Jose_Mardones is of Spanish birth, from Fontecha in Northern Spain. He sang as @ boy in church choirs and mi his operatic bow at the Teatre Liri in Madrid. His voice is clear and powerful, with splendid dramatic qualities, but’ smooth and perfect in control, see As a companion record of that land which Kipling said, “in her time has had so many lovers,” Gigli sings in May the “Oh Paradiso” (O Paradise), from Meyerbeer’s “L’Africaine.” It is of Vasco di Gama, who, a prisoner in India, condemned to die, sings of the beauty of nature. Gigli sings it su- perbly, exhibiting the full volume of his glorious tenor, Mme. Homer chooses for her latest record an Irish melody “The Lane to Ballybree”—modern but characteristi- cally Celtic. There is a note of sadness in it, and those who have heard Homer will understand the rich and austere manner of its singing. It is Ruffo's happy forte to play enial roles. latest record, as ir John Falstaff mm Verdi's opera on that worthy, he is stringing the adamantine Mistress Ford with an ac- count of his youthful beauty as a page- boy to the Duke of Norfolk. “Quand? ero paggio” (When I was Page), is a fine melodic rumble of Italian gutturals, vibrant with the spirit of pure comedy, Emilio De Gogorza turns to ancestral sources for two Spanish melodies which he sings for May. The Pyrenees are said to have been the background for “La Boca de Pepita” (Pepita’s Lips), and the dashing “Bolero” which he sings with characteristic joy and vigor. ea Rachmaninoff Plays His “Punchinello” Great pianist and great composer tombine on this record, @ melodious and fantastic composition. It is bright and cheerful as Punchinello’s own cos- tumes, for this Punchinello is not so savage a personage as our Judy's spouse. The end is abrupt. Mischa Elman brings to us dn a record this month a true bit of Old “The Blue Lagoon” is like 'a very slow waltz, played largely in double stops, two strings singing to- gether in simple, touching harmonies Against moving figures in the piano. It is a very genial, human record—as Elman’s usually are, nsemble playing is regarded as perhaps she fardest field “of the mu- sician’s art. /In ensemble _ playin the individual must subject his” will to the whole, and ef ly where there is no leader is self-control all- necessary. In this field Flonzaley Quartet excels, and their latest record —the Scherzo (Second. Movement) Qaartet in C Minor is a delightfal example of this famous organization's crisp, clean bowing, per- fect balance and Paaelands Nes fute assurance of attack. Moreover, NOTICE OF REAL ESTATE MORTGAGE FORECLOSURE | SALE BY ADVERTISEMENT Notice is hereby -given that by reason of default therein, that cer- tain mortgage made and executed by Leslie S. Hackney and Lillie M. Hackney, mortgagors, to the Mack- ney Land Credit Company a corpor- ation, mortgagee, which said mort- gage is dated on the 1st day of No- vember, 1919, and recorded. in the office of the Register of Deeds of Burleigh County, on the 12th day of November, 1919, at 11:20)A. M., in Book 98 of Mortgages, page 73, which mortgage was duly igned by an instrument writi dated November 25th, 1919, and filed in the office of the Register of Deeds, Burleigh County, on the 6th day of June, 1922, and recorded in’ Book 98 of Assignments page 424, to Frank Prinz, Minneapolis, Minneso- ta, will be foreclosed by a sale of the premises described in said mort- gage at the front ‘door of the Court House in the City of Bismarck, County of Burleigh, State of North Dakota, at the hour of 1:30 P. M., in the afternoon of the 26th day of June, 1923, to satisfy the amount ae on said mortgage on the date of sale. S The premises described in said mortgage and which will be scld to isfy the same are as follows, to wit: st on the aan, fr the 28th day yf December, 1920, at the rate of per cent per anntm, at pub- auction, to the highe: bidder for eash, Sheriff Burleigh County, We'D. Ww, LaMar Be D;, April. 27, Affidavit “of peblication to sher- jee, iff's 4-28-5-4-11-18-25 The Northwest Quarter (NW%) of Section Twenty-seven (27), Township One Hund: Forty- «two (142) “North, ze Seven- ty-five (75) West of the Fifth Principal. Meridian, Burleigh County, North Dakota. Said mortgage contains a clause authorizing the mortgaree to de- clare the whole sum due if there is a default, and-the whole of said mortgage is hereby declared due. There will be due on said-mortgage otrom the Yu Elman in a Viennese number—Flonzaley Quartet , plays a Beethoven Scherzo—Homer sings an Irish Song the four instruments, first and second violins, viola and ‘cello, are easily dis- see, as they should be. jhen a political movement or @ it popular demonstration finds voice in song, that song is usually worth hearing. The latest is here on a new record—the “Inno dei Fascisti” (Fas- cisti. Hymn) sung in Martinelli’s powerful tenor. It has the bold, swing- ing tread of marching men, with the rhythm peculiar to such melodies. Martinelli sings it in heroic style. There's Irish music, and Irish-style music, and the sung wwich Reinald Werrenrath contributes to the June lists is of the latter order, “Heaven at the End of the Road” refers to Garryowen amd home. Its melody is bold and free, and Werrensath sings it with a trace of “brogue” and with true Irish lilt. GIGLI as Vasco diGama ee 8 From an insignificant, half-forgotten place in the repertoire of Russian opera, _ Rimsky-Korsakow’s “Snow- Maiden” has come to be regarded as one of the fairest flowers of Russian musical genius, It is especially rich in simple yet weird melodies, and its etic and mystical atmosphere is un- ike that of anything else, pert ii the whole range of opera. fr more than forty years in coming iato anything like true appreciation, ee 8 Varied Dance List The Victor dance numbers include a new organization in a couple of fox- trots—and Memphis ive includes neither saxaphone nor banjo, nor violin, Cornet, trombone, t if clarinet, howeve: h for which no apolo Sorry Now?” might be sad were it n for a plethora of j ‘Snakes Hip. on the reverse begins centric rhythm work, and then scttles down to straight jazz. Zez Confrey and his men make yood work of “Liza,” a fox-trot, with some particularly unusual piano rhythm work, which is saying a lot, considering that Zez Confrey is responsible. On the other side The Great White Way Or- chestra makes a smooth and standard record of “Down Among the Sleepy Hills of Ten-Ten-Tennessee.” The White ays make another record of “Rosalie,” an ag fairy sort ai of thing, introducing Billy Murray, who sings a’ few in refrain, on’ the date of sale the sum of $1762:36. Notiee of Intention to Foreclose was given as required by law more than thirty days before the begin- ning of the proceedin; 720 Lecord, bp. | a ia The default * Wonderful tang, of peppermint — human voice stages @ contest with 1 sax. On the other side The 908 Orchestra of Chicago plays “Loos Feet,” a little masterpiece of dance writing in the “blues” style, Paul Whiteman has made another Oriental fox-trot record to which is hitched the locally suggestive title, “By the Shalimar.” “It has @ si ang powerful scoring, with big bells an saxophone chorals, On the other side the same organization plays ‘Sweet One,” yclept a shimmy one-step. More new organizations on the Victor program are the Original Pennsyl- vania Serenaders and the Collegians, who make a brace of fox-trot records this month. The first organization he- gan at Lancaster, Pa., a couple of years ago and soon were touring the entire South. The Collegians started playing at Cornell “proms,” but were so g they didn’t stop there. The Lancaster boys play “You Tell Her—I Stutter,” @ song you probably know. The Cor- nellians play “That Red-Headed Gal,” @ romantic, Delibes-like melody. Two waltzes horn in on the June; Victor Records, both by the Trowba- dours, and real, sentimental, string waltzes they are. “April Smiles” ie French and floating. “Zenda” is Similarly styled, clear and cool. Zez Confrey’s boys put a real Yankee twang into “New Hampshire,” a lively fox-trot on the new Victor list. Geographically the South has hogged musical nomenclature, and this trip to “points on the Fitchburg road” comes aga novelty. On the reverse the Great} White Way play “Marcheta,” a brilli, ant imedicy fox-trot in the Spanis! style. gain an organization makes its gremicre on Victor Records in June. . Brooke Johns and His Orchestra has its own peculiar style, with the con- ductor for his own song-plugger in two vocal refrains, “. ant a_ Pretty Girl” has brisk melodies, with two vocal refrains. “Don't Cry Swanee” has its typically wanee” dance! rhythm re-inforced with a banjo. se Band, Concert and Entertainment Features John Philip Sousa and his band make a new record of two of his latest marches, band numbers in his usual finished ‘military style. Mystic Shrine” is bri with Oriental touches. less Battalion” is an American tary march, with the firm march tread under blaring trumpets, the crisp beat of drums and metal ‘traps. If you are a vaudeville “fan” you know the Duncan, Sisters, Rosetta and} Vivian. Here theyvare ona new record all about the sisterly trials of “The Music Lesson,” in which Phil Ohman assists at the piano. In “Baby Sister Blues” they bewail the’ fate of Kid{ Sisters, with some stuff on the ukelel Another newcomer on the Victor list of entertainers is Georgie Price, tenor, whistler, etc., who makes his bow sing ing “Dearest, You're Nearest to ry Heart” and “Morning Will Come: He does some whi thing. too. Elsie Baker, Olive Kline, Lucy Isa- belle Marsh, ‘Billy Murray and Ed Smalle, John Steel and tt Shaw also contribute to a versatile program, Giuseppe De Luca recent tly filled 2 breach at the Metropolitan by taking over a part which he had not s1 for twenty-three years. It Was the role of Gerard in “Andre Chenier.” The was to have been taken A another, but called on suddenly to fill the gai De Luca did so with his usual finish and without other preparation than his memory of the part. consists of the non-payment of the sum of $98.45. ,Frank Prinz, Assignee, FE, T. Burke, Bismarck, N. D. ‘ttorney for Mortgazee 5 12-19-26-6 sty! | ments of land made to Indians on the | against said BISMARCK Sy = thinking of turning fighter. Mays recently saw Floyd John- son and Fred Fulton clash. Mays has an idea that a year of training and instruction would enable him to defeat either of them. However, that doesn’t mean much, as Fulton never was and Jchnson is still to be As a pitcher Mays always was a glutton for punishment, so that trait may prove a worthwhile as- set if he decides to turn fighter. Mays seems to feel that his| pitching days as a major league; star are about over and he wants | to become proficient in some branch of the sporting game that brings big returns. The ring seems to offer the best inducement: Lake Indians Trust Continues; Washington, May 26,—Through an executive order signed by Pres: Harding the series of trusts held by the Secretary of Interior over allot- Devils Lake reservation in worth Da- kota has been continued 10 years. NOTICE TO CREDITORS. In the Matter of the beth Catton, decea: Notice is hereby given dersigned George N. Harris, executor of the estate of Elizabeth Catton, late of the town of Newton, in the County of Sussex, and State of New Jersey, deceased, to the creditors of, and all persons having claims deceased, to exhibit —————————— Bilious: Attacks Are Usually Due to Constipation When you are constipated, not enough of Nature's lubricating liquid is pro- duced in the bowel to keep the food waste soft and moving. Doctors prescribe Nujol because it acts like this natural lubricant and thus replaces it. if Nujol is a lubricant—not a medicine or laxative — so cannot gripe. pe Try it today. ‘A LUBRICANT-NOT A LAXATIVE In no other section of the world, do oranges, lemons and grape fruit reach the high point of perfection of those pro- duced in California, Ev- ery condition is ideal for the production of quality fruit. Continual ‘sun- shine and clear skies during the\growing sea- K , MONDAY, MAY 28, 192 card The op os (othege and The Adydinesd Oranges, Lemons, | From the heart of The World’s Greatest Orange Empire _— FOUR - SPECIALS . Send Us $2.00 and We Willi Ship You Direct Either One of These Four, Specials ONE CRATE OF OR- ANGES — Holding from ten to twelve dozen of or- anges according to size. ONE CRATE OF LEMONS Consolidated, will hereafter be under the same management and students enrolling at one of these Colleges may change to the other without loss of time, change of text-books or additional tuition charges. - Both Colleges in session thruout the year. Enrol! for our Summer Courses, and we will send you to a good business or banking position immediately ” upon graduation. For free catalog and particulars write—G. M. LANGUM, Pres., Bismarck, N. Dak. | 4 A [a =a q ) them, with the ‘necessary vouchers,| Dated May 15th, 1923. fs ai Ball Days Over within six months after the date of vy GEORGE N. Eiuaae | ; the first publication of this notice, Sxecutoz. E ay Sony, to said executor, at the office of| First publication.on the 16th day 1Ze i) YG. F. Dultam, his resident agent, in| of May, A. D., 1923. a 4 | the city of Bismarck, N. Dak. 2 6-16-23-30-6-6 Ih By NEA Service. | it New. York, May 28.—Carl Mays, Me Yankees pitcher, is seriously | Sel bi ling Out ee We must dispose of every Tire and Tube s in stock at once. r Michelin Tires—all sizes—Michelin ani Tubes—all sizes. Sold at 259% to 30% Discount 80x31 regular cord. List $15.25. Now.......$11.00 31x4 regular cord. List $17.85. Now.........$13.00 33x4 regular cord. List $27.30. Now... .» $23.00 84x4 oversize cord. List $87.20. Now........$32.00 OTHER TIRES PROPORTIONATELY LOW. 830x314 heavy duty red tubes. List $2.90. Now. . $2.25 31x4 heavy duty tubes. List $4.00. Now $3.00 88x4 heavy duty tubes. List $4.60. Now. $3.35 32x4 heavy duty tubes. List $4.50. Now......$3.25 OTHER TUBES EQUALLY LOW PRICED. SPECIAL H 86x41 Michelin oversize cord Tire. List $51.50. INOW) ooo. o occ eles cc eclalo oss 4 SHOLOD 35x5 Michelin oversize cord Tire. List $50.40. ‘ ' | INOW ed re eo ees nos ABAOIOD | 33x5 Michelin oversize cord Tire. List $58.10. ‘ Now .. Lockwood Accessory Co. Phone 187 Opposite East End Filling Station. and Grape Fruit = Remember that fruit, with its healthful min- eral salts and natural light, bulk, supplies just those elements most needed to regulate the body after the long win- ter diet of heavier food. , Serve fruit in some form son develop the very —Holding from twelve to E i finest flavor sand gen- fifteen dozen of lemons ac- every day. It’s easily —~ erous sizes. / ‘eording to size. = and economically ob- ONE CRATE OF GRAPE tained under our plan. Remembér that we ship _ RUIT — Holding | trot CO-OPERATIVE en- , direct from “Grove tO Srane fruit according to | ables you to serve the ~ pinigiel bis aan size, very: choicest fruits — } ing absolutely _fres ; : fruit fall of health-pro- ONE COMBINA TI whenevey oe ducing, energizing qual- — dozen oranges — four. doz- them at . truly. e¢o- : ities. i en lemons — one dozen nomical cost, ‘ : E grape fruit. : . ‘ { c CO-OPERATIVE FRUIT EXCHANGE s f - 457 West Ocean Avenue ' Long Beach, California : i ‘A post card addressed to Dept. “H” will bring you an interesting booklet ( Hi t j