The Bismarck Tribune Newspaper, July 6, 1923, Page 8

PAGE EIGHT J.C, ANDERSON LEAVES CITY Will Make His Future Home in California Anderson and family will about August 1 for where they will make home. Mr. Ander at G18 Fifth street narek ngeles future old his Scott Cameron, local Mr. Anderson has been identified with Bismarck for the last twenty five years and has been a hooster for this but in ¢ jes that appeal eiyrhteen the and ha to home attorney ee alifornia to him years he First National bank Wilton. For nected with in this city past seven year in the Lahr M eCharlie’ a ha march was con s company rnerally known officer of the club, Rotary organizations all es fi and affair has taken a prominent vid B k He with club and civie In} yy war projects | part] loses one of its best plan his f to motor to Los Angele umily and spend several investigating conditions | pting several propositions | ubmitted to him weel before nc that hay GIRLISSHOT BY U.S. AGENTS Car Mistaken for Rum Run- ners—Town Is Aroused © been Malone, N. Y., July 6.—Residents along the Canadian border are arous- cd over tie wounding of Belle Baker last Tuesday night and the subse quent of three federal officers charged with assault. It is alleged that the ‘ers, who were watching | for rum runners, fired at the automo- bile containing Miss Baker and her father when the latter refused to stop. Mr. Baker saig he thought the of- | were robbers and that when they ordered him to stop stepped on the accelerator and was fired upon by them, one bullet striking the daugh- ter in the side but not wounding her fic rs of the Malone Chamber of Commerce have adopted a resolu- tion requesting Senator Wadsworth influence in investigating “the in minate use of firearms in stopping suspected cars along the border.” The resolution also suggested that rll government agents be uniformed to avoid being mistaken for robbers. 27 TEAMS ARE ENTERED FOR STOCK JUDGIN Grand Forks, July 6—Twenty- seven demonstration teams represent- ing 14 counties of the state are al- reudy entered for the boys’ and girls’ club competition at the North Da- air to be held here July cording to information ecretary Montgomery Rilling of the North Dakota Agricultural college, state boys’ and girls’ club leader. Nine teams will give demonstra- tions in home economies, seven in agriculture, and eleven in stock judging. In addition, livestock en- tries will be made by the club mem- bers from eleven counties of the state for competition in the apecial junior class, Counties w from H. E ich will send demon- stration ns for all three classes include Grand Forks, Bottineau, Walsh and Barnes. Stock judging and home economics demonstration teams will be sent by Cass, Dickey and Stutsman. Benson and Steele counties will send agricultural and stock judging demonstration teams, Richland and Ramsey will send stock judging teams, Wells, and LaMoure home economics teams, and Pierce! an agricultural demonstration team. The winning demonstration teams in the State Fair will be declared the state champions and will repre- sent North Dakota in the inter-state competition at the fair at Sioux City Iowa, this fall. Gounties from which entries will che made of livestock raised by the boys’ and girls’ club members in- clude Stutsman, Cass, Walsh, Rich- land, Ramsey, Traill, Ransom, Dickey, Grand Forks, Towner. and Ward. RAISE MONEY FOR HANDLING GRAIN CROP Minneapolis, July 6—Arrangements have been completed with the federal farm land board at Washington to supply funds to the farmers elevat- ors of Minnesota, the Dakotas and Montana, to be used in buying grain and moving the product to terminals . H. Hagen, secretary and manager the} was an officer! section of the state, | opportunit: | THE BISMARCK. TRIBUNE DEMPSEY IS ACCLAIMED VICTOR Jack Dempsey, world’s July 4, but Gibbons surprised the fight world by st Dempsey Tommy Gibbons, even though he the punches that were thrown that after volley of blows. heavyweight champion, success: ully defended his title ina 15 round bout with To! ing 15 rounds with the champion. a winner on points after 15 rounds of furious fighting failed to produce a knockout. TOMMY GIBBONS HAD HIS INNING GLARING HEADLIGHTS FORCE AUTOMOBILES OFF THE ROAD Failure of laws wel! the rule of courtesy of the| road, has resulted in several acci- dents in the last few days. The automobile of Mr. F, W. Steiner of Hazelton ff the road east of the Tuesd night by glaring headlights, ‘The autoist who caused the accident never stopped but others up. Both were di local hospital yester Three other cars, motorists to and Mrs. s fore: arged from a it is reported, DECISION OF SUPREME COURT From Hettinger County. Frank Rokusek, Plaintiff and Re- spondent, vs. National Union Fire Insurance Company of Pittsurgh, Pa., a corporation, Defendant and} Appellant. SYLLABUS: 1, In an action to recover on a policy of crop insurance for loss sus- tained, held that under Sections 5825 to 5828, inclusive, C. L., 1913, certain instruments set out and referred to in the opinion constitute a good ac- of the U. S. Grain Growers Sales company here announced today. Loans will be made to each ele- yator up to a maximum of $15,000 in .multiples of $5,000 secured by storag® tickets, or warehouse re- ceipts Mr. Hagen said. In the past, according to Mr. Hag- en, the farmers elevators have been financed by the grain commission firms, but under the new plan it will be possible for the farmers to mar- _ ket ‘their grain through their’ own organization, the U. 8. Grain Grow- Ferguson, aged 4, of Beu- , who was injured. in an aytomo- , aecident on the Mandan road day, was discharged from “Respitel, and returned home Lg aa cord and satisfaction of all obliga- tions on account of such policy. .2. In the absence of mutual mis- take, and unless induced so to do by fraud or deceit,-one who deliberately signs. a written contract without reading the same is concluded there- by as against the other party to such contract. 8, A preponderance of the evi- dence, taking into consideration all presumptions arising under the cir- cumstances as shown, 1s sufficient to establigh fraud so as to avoid a writ- ten instrument. Evidence examined and held not to meet’ the requirement in this particular case. 4. The pleadings and record in the instant case examined and held that the action is not an action for dam- ages on account of fraud. 6. In order to rescind a’ contract procured by fraud the party rescind- Ing must. restore or offer to restore to the’ amr party the consideration sk! observe | regarding xlaring headlights, as were forced off the grade near Men- oken by glaring headlights and the me has happened on the road be- tween Bismarck -and Mandan. Several local motorists have urged | The Tribune to volee a plea that | people driving automobiles*ebserve the rule that dimmers be put on when cars are meeting on the road, There is a law covering this, they say, picked them | but it ought not to be necessary to enforce the law, since it is a well known rule.of the road and is a safety factor to all motorists moving from him’ on condition that such party shall do likewise, unless tne latter is unable or positively re- fuses to do so, y 6, Where an oral accord is part- ly but not fully executed, the credi- tor may repudiate thé same and sue upon the original obligation for any balance remaining, atter crediting thereon such amounts as may have been paid upon the accord, 7. Under Chapter 133, Laws 1921, a proper motion for. a directed ver- ; dict challenges the sufficiency of the evidence and raises a’question of law which. may be reviewed upon appeal from the judgment without a motion for a new trial or for judgment not- withstanding the verdic Appeal from the District Court of Hettinger, County, Honorable Frank T., Lembke, Defendant, Nattonal Union Fire In- surance Company, wopeale from .the judgment. 4 Reversed. Opintan of the Court by, Nuessle,. . Bronson, , ChJ., disqualified; Cooley, ‘Dist, Judge, sitting. Jacobsen & Murray, of Mott, North Dakota, attorneys ‘for’ plaintiff. and respondent, ‘ Sullivan, Hanley’ & Sullivan, of Mandan, North Dakota, attorneys for defendant and appellant, Dancing everv night. Pat- terson Farm Pavilion. Mc- Orchestra. : Kensie lost a-referee’s decision to Champion Jack Dempsey in a noon. Here he-is shown starting an attack in the second round. One opéned a cut over the champion’s eye, FROM WALSH COUNTY James Hrabek,, Plaintiff-Respondent. vs. a Joseph Patocka, Defendant-Appellant. SYLIABUS: In an action for assault and bat- tery where defendant inflicted upon plaintiff a. serious injury with a club, it s held, for reasons stated in the opinion: 1, Where written’ instructions were submitted to counsel before the close of the case, ‘an objection, which was made to four distinct and |. separate paragraphs thereof _ upon four different subjects and which ~~. wholly failed to specifically direct the attention of the trial court to an error, now asserted upon appeal, in one of such paragraphs of the instructions, althpugh otherwise specifically it directed the | court’s attention to another paragraph thereof, is too general for the as- signment of error thereupon. 2. That the rejection of testi- mony: and offers of proof concern- ing anterior provocative acts of plaintiff, made to disprove or mini- mize malice was, under the circum- stances, not prejudicial. In District Court, Walsh County, Burr, J. Civil action for assault and battery. Plaintiff received SSS Towel Bars - 35¢- Towel Bars A NECESSARY CONVENIENCE A special Lot. of 18 inch White Por- celain Towel Bars, especi@jly suited For Use in Kitchen ‘and Bathroom. , Priced so low that it ig ‘Beonomy For ‘ You To Have One. Fran G. Grambs ALL SIZES 85¢ AND UP $04 Main: Bismarck ‘UMBING PERFECTION” | epee cenagrcor sree ee | 15 round bout at t Shelby July 4,(didn’t take all He drove Dempsey to the ropes with a verdict, mmy Gibbons of St. Paul at Shelby, Referee Daugherty of Philadelphia is shown acclaiming for $8,307.00.. Defendant has® ap- pealed from -the ‘judgment. AFFIRMED. oohinion of the Court by Bronson, J. H. ¢. ‘DePuy, Grafton, N. D. Attorney. for , Appellant. T. I. Dahl, Grafton, N. Nevin & Greénberg, Attorneys for Respondent, Dancing évery night. Pat- terson . Farm. Pavilion. ‘Me- Kenzie Orchestra... - - ’ Special Sale for Saturday on Michelin Tires and Tubes, with “Texaco Motor Oil and Greases.” One 30x83 Michelin Tire pe 75 with 1% gallon Texaco Motor Oil Free. One 30x314 Michelin Regular Cord $15.00 with ! gallon Texaco Motor Vil Free. ‘ One 31x4 Michelin Regular'Cord $16.75 with 1% gallon Texaco Motor Oil Free. One 30x38 Michelin Tube $2.50 with 1 lb. of Texaco Cup Greage Free. One 30x314 Michelin Tube $2.75 with 1 lb. of Texaco Cup Grease Free. One 31x4 Michelin Tube $3.75 with 1 lb. of Texaco Cup Grease Free. Michelin Over-sized cords have taken a drop; BUY -EM NOW We carry a full line of WHIZ accessories with a guar- antee of satisfaction or money refunded. Reflector Polish. Nickle Polish. Valve Grinding Compound. Anti-Squeak Spring Compound. Auto Top Dressing. Auto Cushion Dressing. Auto Enamel (Black Only) @ $1.50 per quart. Your Oil changed without any additional charge when New Oil is purchased. Free distilled water for your Battery. LOCKWOOD ACCESSORY COMPANY 800 Blk. Corner 8th & Main. Phone 187 INTER- STATE FAI Fargo-N:D: July 9°14 CAR WASHING (Day or Night.) CQRWIN MOTOR CO. <= Mother's. Love, Daddy’s Pride, That’s Baby! That’s why we employ modern light and lens equipment, : _ to secure better Baby Photographs. ave. we photographed your baby? © SLORBY STUDIO : Makers ; "Quality. Portraits. Expert Kodak Finishing and Picture Framing. e eyitraas Ce Z “esis and Sevona Street North, Fargo, N. Dak, Consolidated, will hereatter 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. Enroll for our. - Summer Courses, and we will send you to & good’ ‘business 0 or banking Poaition immediately Upon eateaape 2 TD TRIBUNE WANT ADS BRING RESULTS