The Bismarck Tribune Newspaper, July 6, 1923, Page 3

r FRIDAY, JULY 6, 1923 THE BISMARCK. TRIBUNE DAKOTANS ARE. BURNING HOMES Heavy Loss by Fire Is Re-| counted by Fire Under- writers Bureau . New York, July 6, stent shortage of housing facil- in North Dakota as in every other state, it is not a little Jing to learn from figures made pub- lie today, Fire Underwriters, through its Act-| Bureau, that North Dakota , during the five-year period , dwelling house nt $820,163. This was on on of the total fire destruc- North Dakota; it represents r capita dwe he state of 2 comfortable heen constructed thus thrown aw of suitable hou in North Dakota Nuarial H homes could ha with the money y, and the scareit ng 2ccommodati materially relic tot dwellings for the entire this term, exceeded | arter-billion*dollars, standing at 3,878. Chief among the- ori- ed by the for this unexampled “Defective Chim- rks on Roofs” shingle), “Stoves, and Their Pipes,” (misused), and Smoking.” ntly enough,” said W. E. neral manager of the Board, in commenting up- » losses, “four of these five It appears further that the in destruction wer neys and Flues,” (usually wooden Furna Boilers “Bleetricit long since were pronounced to » prevention engincers be Preventable,’ for carelessness in some form is cours the, an over- bottom of rity of all blazes in tructure.” ONE BALLOON . IS MISSING Nothing Heard From U. S. - Na Ship in Race Indianapolis, July 6.—Determina- ion of the winner of the long-dis- t flight in the nati n bolloon race fh m here July 4 toda report from only one Navy No. A-669B, in chary Lieut..L. J. Robb of Lakehurs' Of the 1 loons which took off late Wedn all have been re j ported as having landed except that Lieut. Robb is, riding. ealeulations show that Lieut. Robert Olmstead of Was piloting the U. S. Army S-6 1 the fartherest distance so A nee between Ind polis and Marilla, N. J. where he descended is approximately 416 miles. 1ON OF, sU PREME_ COURT FROM NELSON COUNTY Farmers a State Bank of a corporation. aintiff and Appellant. Stavn and Lena Stavn, Defendants H. L. Gena Stavn Defendant and Respondent. SYLLABU 1. An application to vacate a de- fault judgment on the ground of surprise, mistake or excusable nes- lect is addressed to the sound judi- cial diseretion of the trial court on Xthe particular facts existing in the case, and the trial court’s ruling, will not be disturbed on appeal un- less an abuse of diseretion is shown. O'Laughlin, 37 N. D. y. 135, between 2, As parties to a negotiable absence of consideration therefor is the immediate instrument, a defense and may be established by parol. 3. While parol evidence of a contemporaneous agreement or un- tanding is inadmissible to con- or explain the terms a negotiable instrument, it may] of be introduced to show that the in- strument was sideration. Appeal from an order of the Disé trict Court of Nelson County, open- ing and vacating a judgment as to the defendant Lena Stavn, Honora- ble Charles M. Cooley, J. AFFIRMED Opinion of the Court by Nucsale}| given without con-| Flynn, Traynor & Traynor, of Devils Lake, attorneys for plaintiff and appellant. Murphy & Toner, of Grand Forks, Attorneys for respondent. vf a ict DECISION OF SUPREME COURT FROM STUTSMAN COUNTY First National Bank of Me- Ville, North Dakota, Plaintiff-Appellant. vs. Mrs, John Riden Defendant-Respondent. | SYLLABUS: In_ an action upon'’a promissory note and to foreclose a chattel mort- age where the issue’ involved con- rned the question whether a note J and mortgage have been surrendered and cancelled by tite taking of a new note and mortgage, it is held, for reasons stated in the opinion,! that the findings of~the!trial court are well supported by the evidence. In District Court, Stutsman Coun- ty; Jansonius, J. Action upon a} promissory ‘note and to foreclose a! chattel mortgage. Plaintiff has ap- led from a judgment in defend- ant’s favor. RMED. N inion of the Court by Bronson, d. W. J. Courtney, Page, N. D. Attorney for» Plaintiff-Appellant. C B. Craven, Carrington, N. D. In view of the | alarm- he National Board of } ing fire loss for At $10,000 each, Board | | ; ee a Mr 19 children Schenec ed to give the children, children are her own. of the who were ab, making her care by parents, left in taken for a the trip of more than 150 miles ¢ a home on a farm near Schenectady, “TRAVELING BABY FARM” A Piet Je from Brooklyn, N. ¥., to ernight. She said she intend- Four of the older FREEDOM — AND HOME freedom, after 1 2 quitted of the murder Sei of her 14 children and the pet dog of the family. real day of rest since she was married 30 year “ARGONNE LION” ARRIVES » With some She called it her first ago. Reilly (rear) as he guest at the Rainbow he returns to France mn which he com- is greeted by G ner s Bullard and General H. J. arrives in New York. General Gouraud will be a Division reunion at Indianapolis July 13. he will visit every state represented in the div manded. TIPS OFF POT ICE i “stuth Norman, 18-year-old movie extra, who recently arrived i: Hollywoad from Chicago, has made a statemeht?to Los arson pe they announce, which resulted in the arrest of a film Sleqorme and a former detective in an alleged swindle plot. thy. business Attorney for Defendant-Respon haeepete Secaeerneaeninee amr eal men were to have beem the :victims, according -ito - ey atement,: offi- clals | ban OF Rs ear nations a cpmon sie smssicoeiaae | [eneeirntrierst | prietor j tion h FIRE SWEEPS NEVADA CITY Loss Already Is Estimated at $1,500,000 by Mayor Nev., July 6.—Carried by | hurricane foree that 1s of dynamite and | Tonopah, a wind of” roaring its defiane water a great fire is sweeping over the gold camp of Goldfield, 30 miles to the south. Hundreds of refugees are flecing to the hills carrying theiy, hastily collected effects with them, At 10 o'clock Newton Crumley, pro- of the Goldfield hotel, esti- mated that the fire had done damage to the extend of $1,500,000, At that hour it had swept Main street from end to end leaving many blacke ed and smouldering riins in nd had jumped across to ard the postoflice and hotel. | An attempt ‘to dynamite a fire trail proved futile in the face of the wind | and the futility of this endeavor wag intensified by the virtual failure of the water supply, The water is fo a spring 30 mil CEN NARROW ESCAPE D., July 6—L. A. n, his wife, three children’ and a close call recently when Carrington, N. Swen: two s in ters, had Minneapolis, which they pletely demolis a much larger car driven hy two younk men, All escaped with minor bruises. The men responsible for the accident immediately bought the Swenson family a new car. the auto in DIVORCE GRANTED Minot, July 6—On the grounds of non-support and desertion, Matvel Kawabata of Minot, white wife of a Japanese was granted a divorce in district court by Judge John C. Lowe, ending a case that has attrac ah attention locally. e woman has filed an application with the clerk of district court to be examined at the next naturaliza- ing in Minot, in an endeavor to regain her citizenship rights. MINER. INJURED Hazen, N. Ta, July 6—Herbert Haas, employed in the Danuser mine near here emptied carbide from a gallon can into a small bottle with- out setting aside his miners cap with its burning lamp. He was badly burned about the lips, nose, chin and forehead by the explosion, but will suffer no permanent injury, say the physicians. ROSE SHOP Commenciig Monday, July Sth, our Semi-Annual Clear- ance Sale will take place and ecntinue thruout the week. Ccmprehensive values to be obtained. No credit will be ‘extended, no exchanges made and no approvals allowed. All sales positively final. E MUSCLES from outdoor sports are r= massaging DR. M. E. BOLTON Osteopathic Piyaiian 119% 4th St ome 249 Biamarés, N. is Biemsrek, m N. D.” FORDS FOR HIBE | mee, ae Zor RATES| Pron f on avenue where it was roll- | | | | | | | | | | Cert a TRY GUARD WHO SHOT STRIKER Grand Forks, July 6.—The entire day will probably be required to obtain a jury to try Thomas Mratack, former Great Northern railway guard, charged with as- ult with a dangerous weapon with intent te commit murder as a result of the wound of Adolph Pur- pur, striking Great Northern shop- man, in a row near the Great Nor- thern roundhouse Sept. 3 last. Selection of the jury began this morning. Out of 12 talesmen ex- amined this morning five were ex- cused for cause. Judge M. J. Eng- lert.is presiding. Charter No. 9622 Reserve District No. 9 Report of Condition of the The City National Bank of Bismarck at Bismarck in the State of North Dakota, at the Close of Business on June 30, 1923 er d RESOURCES Loans and discounts, including rediscounts, acceptances of other banks, and foreign bills of exchange or drafts sold with i indorsement of this bank 758,266.93 Total loans Overdrafts, unsecured ‘ U.S. Government securities owned: Deposited to secure circulation (U par value) All other United States Government ect: ties (including premiums, if any) Total. | Other bonds, stocks, securities, ete.: Furniture and fixtures. ee ul estate owned other than banking house Lawul reserve with Federal Reserve Bank Cash in vault and amount due from na- tional banks ..... Amount due from State banks, bankers, and trust companies in the United States Exchanges fer clearing house Total {Checks and drafts on banks (including Fed- eral Reserve Bank) located outside of ity or town of reporting bank... Miscellaneous cash items Redemption fund with U. S, Treasurer and due from U. S. Treasurer. $ 758,266.93 | 609.13 50,000.00 6,000.00 56,000.00 | 38) 801.28 87,914.77 9,124.72 18,354.72 65,394.21 2,024.29 163.51 2,177.80 TOTAL . saci sie 72.79 LIABILITIES Capital stock paid in oo. $ 50,000.00 Surplus fund . 50,000.00 Undivided profits “ 605.48 Circulating notes outstanding 48,600.00 Amount due to national banks. , 7,309.59 Amount due to State banks, bankers, and trust companies in the United States nd foreign countri 156,298.70 Ge ied checks outstanding - 164.97 Cashier’: 8 checks outs ee 16.50 Total 163,789.76, | Demand deposits (other than bank deposits) subject to Reserve (deposits payable within 30 days): dual deposi ubject to check ates of deposit due in less than 30 days (other than for money borrowed) Total of demand deposits (other than bank deposits) subject to Reserve 352,527.03 Time deposits subject to Reserve (payable after 830 days, or subject to 30 days or more notice, and postal savings): 225, 195.75, Indi 127,331.28 Certificates of deposit (other than for money borrowed : Other time deposits.......... 51,775.78 gets of eimue) deposits subject to 420,628.75, scounted, including ac- ceptances of other banks and foreign bills of exchange or drafts sold with indorsement of this bank. 49,221.77 $1,135,372.79 | srkre OF NORTH DAKOTA, County of Burleigh, ss: I, J. A. Graham, Cashier of the above-named bank do solemnly swear that the above statement is true to the best of my knowledge and belief. J. A. GRAHAM, Cashier. Subscribed and sworn to before me this 5th day of July, Be (SEAL) S. S. BOISE, * Notary Publi Commission expires Mar. 16, i928. Correct — Attest: P. C. REMINGTON G. F. DULLAM B. C. MARKS, Directors. BROWN JONES Q.S.s. 802 Main St. Phone 4, CEPT THASESSANBOR Corre FRUITS—BERBIES AND VEGETABLES in abundance. 2 = BS When Quality is desired, order “18°K” groceries and “Seal Brand Geffee.” EXCLUSIVE AGENTS FOR BOTH. THE WORLDS F FINEST CRUISE on the Great Lakes Tr: wna Steel Steamers, “Tionesta” ‘Juniata’ Octorara’ Duluth to Buffalo.and Return pOUs : pom beautiful scenery and educational Ce ee aeons of Mackinac— AT YOUR INSTANT CALL is one of our passing autos, or you merely reach for the phone and call up (No. 57. In either case you have at your immediate service an auto. cab with the same luxufious equip- ment as your own private “ear would hhave.. Once a auser of Rohrer auto livery, always @ user. Phone 57 vs OUT ROHRER T/ TAXI LINE AAR MEAG cn sot CAIRO Phone 57 jt_CORDIAL | ————— . FRIENDLY | — North Dakota-- LAND OF PROMISE Whatever hardships we in North Dakota have endured the past few years can not be blamed on the land from which we extract a living. We have wonderful farm land-- millions of acres of it. We are learning that by raisiug varied crops and plenty of high :rade dairy cows this laud can be made to yield a sre dependable income, North Dakota is just bi Her people are noi discoura and courare that build ginning to tint herself. ed; they have the faith great commonwealths. ‘oual Bank ople of te The City to serve alt onside it ) privilege plen did ! TY NATIONAL © BISMARCK, NO. DAKOTA |! P. C. Remington. }'resident. J. A. Graham, Vice Tres. & Cashier. CM. Schmwurer, Asst. Cashier. MANDAN CHAUTAUQUA JULY 4-8 HIGH SCHOOL GROUNDS, 5 BIG DAYS Friday Evening 8p. m. Most popular 3 Act Comedy in recent years by New York Cast. SUNDAY AFTERNOON 3 P. M. VAWTER GLEE CLUB \ Bald Strang Scotch Entertainer. Sunday Evening 8 p. m. Black and White Minstrels in a Roaring Minstrel Show. ——EVERYBODY COME—— Hats Cleaned Reblocked Like Repairing Dry Cleaning => <4~ Remodeling Good For Another Season You will be agreeabiv surprised at unr success in clean- ing, repairing and remodeling thut old suit— For a very small sum, we make practically a new one out of it. GET OUR SUGGESTIONS AND PRICES. Eagle Tailoring and Hat Works Opposite Post Office. Phone 58 Now is the time to get your Panama Hat Cleaned and Made To J.ook Like New. TONIGHT FRIDAY and SATURDAY ITS TOO GOOD TO MISS! This marvelous story of the weird Sargasso Sea—strange habitat of derelict ships and ‘ castaway people, where by community law every woman must choose a mate from among its population. MILTON SILLS WALTER LONG ANNA Q. NILSSON FRANK CAMPEAU —in— AURIC rer AM