The Bismarck Tribune Newspaper, July 18, 1923, Page 3

» sold through the Andrews company. _ Commission House Is Held -pealed. HAIR STAYS WEDNESDAY, JULY 18, 1923 KASTNER WINS | GRAIN SUIT IN SUPREME COURT Liable on Storage Tickets By High Court \ AROSE AT GLEN ULLIN Grain Houses Liable when jotetaze Tickets Not Guard- ed by Local Houses The supreme court today vffirm-| ed the case in which Peter Kastner songht to recover from A, C. An-| drews, doing business as_ the An- drews Grain Company of Minneapo- lis, value of wheat stored on stor- age tickets in the Glen Ullin Co- operative Elevator Company and The court found the Andrews Grain Company had loaned money to; the Glen’ Ullin Co-operative Eleva-! tor Company to buy grain to be} handled by the commission company, | and that the elevator! company had| shipped grain required to redeem| outstanding storage tickets, which grain. was sold ae tle Andrews com- pany. mite fholdor! of al warehouse becciht, such as Kastner, was not estopped from. asserting his ‘title as against a purchaser in good faith from a warbhouseman, the court held. Started Suit Peter Kastner brought the action in the Burleigh district court’ on behalf of several farmers who claim- ed to have placed grain in the Glen! Uplin Co-operative Elevator’ Com+ pany’s warehouse in Glenn Ullin. the wheat being deposited between Oct. 19, 1920 and March 1921, Nego- tiable warehouse receipts were is- sued. Between March 7, 1921 and June 16, 1921, the complaint*charged, “the defendant did, without the knows dge or consent and in violation of their rights, e and convert to its own use and appropriate to its own purpose and benefit, all of said wheat.” The value of wheat. was $3,582.11, it was claimed, less freight and oth- which ‘made the net 86. The plaintiff claim- ed the highest market price between | the time of conversion and the date of trial. The Glenn Ullin Co-operative Ele- vator company from time to time hipped wheat to the Andrews Grain Company at Minneapolis for the surpose of selling on the market. the plaintiffs charged that the An- drews Grain Company “had actual knowledge of the fact that same! was stored with the said elevator companp as bailee, under the provi+ sions of the warehouse laws of the state of North Dakota, and it know? ingly appropriated the same to its own tse, knowing that said clevator company had outstanding storage receipts therefore and that it was and would be unable to redeem said receipts.” The clevator company, the plain-] tiff alleged. is insolvent. The Andrews Grain Company, in its answer, admitted it sold wheat for the Glen Ullin company but dcHlared that it settled with and paid the Glen Ullin company for every bushel of wheat it got from them, that it took the wheat and handled it on the market in due course of business, and that “it was innocent at all times of any of the matters and things set forth by the piNintiff.” Dietrict Judge Berry, sitting in the case, found for the plaintiff, from which order the defendant - Dancing every ni ht. terson Farm Pavilion. Kenzie Orchestra. Pat- Mc- COMBED, GLOSS “HairGroom” Keeps Hair Combed—Well-Groomed Millione Use It—Fine for Halrl Sticky, Greasy or ‘Smelly Get a jer. of “Bait-Groom” {om j dny drpggist for a few cents and}, mi n_stubborn,, unruly oF: hae ‘hair yt some ail py in »THE: BISMARCK TRIBUNE It Took Three Hours To Land ’Em These two monster bass or California ogee escaped anglers long cnollbe to attain weights of 240 and 550 pounds respectively. Then I, H. the poor fish decided life wasn't worth , Phoenix, Ariz. (shown with ing, after all. hands on catch), camé along and It all happened at Santa Monica, Calif. THE WORST IS BEST, — Russian royalty is glad for days, ag witnessed by the recent Princess Kropotkin and her refugees from Raissia arr’ counts were her fellow s daughter, ed on the boat with the princess. eerage passengers. He placed under the superv BOTTINEAU NORMAL WILL CLOSE DOORS N. D., 18.—The fore: e normal school of this city Will be closed at the end of a five wees term of summer school, which begins next Monday and- will yn ‘of a caretaker, it was definitely decided here today by Joseph A. Kitchen, member of the state board of ad- after a citizens’ com- d notified him that it would mpossible to secure enough 7 ‘ate funds to continue the operation of the school, Closing of the school is necessitated by tho fact that an ap- propriation voted by the last session of the state ley ure was eliminat- Bottineau, led by the governor as an economy step. Mr. Kitchen came here late yes- terday, vested with full power to act in the matter, and after several in- formal conferences announced decision this afternoon. even steerage a in isco of the Two hundred and fifty-ei Sev arrival IN THE a = This car looks like a submarine tractor, but it finished ahead of all other French cars in ithe Grand Prix race in France. However, Sea- grave (inset), an Englishman, finished first in a British car, covering 121 kilometers an hour for a distance ef 799 kilometers. JURY JEERED AT WAUKEGAN Frees Men Charged. with “Fixing”-Small Jury Waukegan, IIL, July, 18.—A sequel to the trial and acquittal of Frea Lundin in Chicago last week was enacteg yesterday in the acquittal of Edward Courtney, Edward Kauffman and John S, Fields, charged ,with fix- ihg the jury.that freed Governor Len Small on conspiracy charges last year, Practicall the .sam scene of jecr- ing disorder that greeted the verdict of acquittal in the Lundin, trial was enacted when the jury, trying Court- ney,. Fields and Kauftman returned into court after deliberating an hour ‘and ten minutes yesterday during which they took only one ballot on each defendant and announced unanj- mous, verdicts of “not. guilty.” ae a %} Powers Builds Fargo El Elks Home 0, Why 181 19.—' compaky of Fargo was awarded, the contract for the Eisrmietion of the superstructure of the new home for Fargo lodge No, 260, B, P..0.,.E., on its bid of $85,000, at a meeting in the Elks lodge roome Jast evening. Bids were submitted by three fire on five of spéciffeationss *\ ¢ Keith “and > Kurclie, tects, designed the : watiging Leaguers Meet _ >» InValley City}, Phin City, N.°D., July 18—Non- n leaguers from all parts of $end Bs Basge Nees here tomorrow when plans for re- organization of the league are to ‘be considered. The meeting is called by a greup. of leaguers opposed to the present state committee, and who demand the reorganization along lines that will give the statg a league body free from alliances with A. C. Tewnley and Willjam Lemke. YES, W.-H. N. B. |summer training school, |sion and w jMr. Professor Nelson Sauvain of Devils Lake, is in charge of the teachers now in ses- 1 continue the work for ‘the next five weeks, There is now an enrollment of 110 and next term’s enrollment will be about 50. it is be- lieved. NOTES SENT , ‘Turned Over for Collection Fargo, July 18.— When John Mar sumed charge Monday of the y Packing company af- irs as receiver appointed ‘by the rt, he found that thd $500,000 of notes held ‘by the company against buyers of stock in the ¢oncern had been turned over to a Minneapolis collection agency for collection. The notes are already .in the mill oi concern’s possession it was imed yesterday. According to President Cc. W. Reichert. of the packing compan: the board had made the decision t: engage an outside firm to make th collection. It was reported yester- day that an attempt will be made by the receiver to regain possession of these notes for the:company if the receivership is made permanent paring Saturday. not disclosed ,what terms ad been entered into by the com- with the collection agency. Reichert declared the terms were more reasonable! than could be obtained in Fargo.” A meeting of the bohrd is to be held soon at which it: will be de- cided whether the receivership is to be opposed, Mr. Reichert stated yesterday. He said he did not know what the board would :decide. Mr. Martin -was named receiver by Judge A. T. Cole Saturday but did not take charge uhtil Monday. °>| FLOOD DANGER ‘ IS AVERTED Pueblo, Colo., ed at Pueblo this morting. Heavy rains caused a 11-foot rise in the Fountain river and several small highway bridges are washed out. The Fountain still is four of five feet ‘above normal. The A also rose a few feet at no time reached the here. Dock Worker Go Oh Strike}. Liverpool, July -18.—The loading of. Atlantic liners here has been | stopped in consequence of serfous extension of sttike. Several thou a workers 4 quit work after a demonstration at F.<Powers, and'| Birkenhead, acrogs the:Mercy. All coastal and coast channel service ‘ ; Regina, Sask, July: 18.-— Dozens of honses-and farm. buijdings were wrecked ang thousands jof acres of crops were laiq low by hafl, rain and TO MILL CITY| | Equity Packing Plant Notes|- —_—_— July 18—All dan-] ger of flood is believed to have pass- |’ dockers'’ |: ELEVATOR AT MILL B BOUGHT J. D. Bacon and Sons Elevator Part of State Mill . ~ Fargo, July 18-—Farmers residing in the vicinity of Grand Forks will) be enabled to haul grain directly to| the ¢ mill and elevator during! the greater part if not all of the; coming grain season, son dump is now being ar-| ranged at the elevator recently pur- ed by the state industrial com- on from J. D, Bacon & Son, ording to C. E. Austin, gen- the improvement will probably completed in time to receive grain from near the first of the threshing season, ain taken in at the wagon dump 1 be transported to the big ele- Vator in 's for the time being, Mr. Austin until such a ti more efficient system for car grain to the elevator can be devis ed and installed. Mr. Aus that a compressed air over-head sys tem would probably be used for this purpose. * At the time the mill and clevator site was purchased, the land upon which the Bacon eievator site was included in the purchase. Mr. Bacon and sons, however, retained posses- sion of the building until it was ntly purchased by the commis- sion, AMATEURS GAINING. Latest figures from the Depart- ment of ‘Commerce show there are 18,232 amateur stations in the nine districts of the United States. "This does not include the 201 amateurs with special licenses. Since January 1, 1,334 amateur licenses were issued. WATER DAMMING PROTESTED Minot, , July 18—The Minot park nee) He a petition now being ited, is requested to order the indefinite raising of the gate in the park dam here, to avoid what the pe- s claim is property damage, ult of the backing up of wa- The pe was lowered to back Mousg/Maters and provide boat- | ing facilitie: WELLING BURNED| N. D., duly 18.—Fire of un- nined origin destroyed the home Bjorklund of Hope, together 1 contents, including a new )0 piano. ‘The chemical engine was he fire, while several lengths water hose were put out of commi sion because of having been’ eaten through by acid. Before new hose lengths could be coupled up, the house was consumed. $10,000 ICE CREAM PLAN’ Minot, N. D., July 18.—Architects gre preparing plans for the ‘proposea of the White Ic Minot, which it is estimated will cost approximately when com- pleted. Officials 8% the company hope to have the contracts let in time to have building work begin by Aug. 1. Too Late To Classify HOUSE FOR SALE BY OWNER—In Riverview addition. Modern, 7 yooms, oak finish, hardwood floors, fireplace, glass porch, built in re- frigerator, and garage for two ears. Good lot with trees. Near school. Also household goods for sale; player piano in good condi- tion. Terms if desired. Phone 689Ww. 7-18-3t FOR RENT—Modern room, for wo- men only. Inquire year apartment over Roops store on 5th St. 7-18-3. FOR SALE—Ford Sedan. 120 West Thayer St. 837M. Inquire Phone 7-18-4t FOR SALE — Western Washington land. Am here to advertise West- ern Washington 5-10 acre tracts. It’s right on the coast. Climate ideal. No extreme temperature. No floods. Soil rich. Our prices are right. Terms to suit. In order you may know, investigate. Call at the hotel where I am stopping will give you a descriptive booklet of our holdings. Niel N. Berg, Nor- pia. Realty Corp., Hotel McKenzie, H 2-18-3t iat of Dodsland to east; of Woolsely | | last pight. '8.--Senator § ison, Wis, Joly’) } announced . ba, Folk ronld: tif. we did have bananas we}! oly could spare thie marmo- be one. It would give him enougit food for a, week. He's 2% years ‘cid and rales 2% ounces. . He be- paneling Guidon traveled to pecorhe the bride of | Hall » to make any impression on | new ice cream manufacturing plant | Cream company of } AFTER 25 YEARS The old clock in Independence Tower, Philadelphia, 1s stopped for the first time since 1898 and these men are trying to fix it, while throngs of astonished Philadelphians look on. AT CAPITA AY ‘Miss Patricia Herron, who will be presented to Washington so- ciety this fall by her aunt, Mr. Wm. H. Tait, of the chic justice. Dry " Cleaning, Dyeing, Repairing. Eagle Tailoring. " Pressing, Call 58. reach. gatiers rut HOUSES TO GO TO BUYERS FOR “FAIR VALUE” (Continued from Page. One) 000.00, except in the case of a farm home, in whic: the selling price shall 1 ot ¢xe $10,000.00,’ and that the homes are to be built for mem- bers of home buyers’ leagues only, who in turn are under a contingent liability over the state to the extent of 15 percent of the price at which their respective homes were sold to them.” Crux of Case The crux of the case, as tried be- fore Judge Pugh, was whether or not verbal estimates as to the prices of homes built by the state, as al- leged to have been made and shown by such records as were a constituted a contract. Wallace ntained that it did. When irs of the association, which be- me muddled, were gone over by accountants and the actual the houses fixed, it was found that they were, in the case of every one of the fifty or more houses built in Bismarck, Mandan and Fargo higher than the original estimates The supreme court, on Dec. 20, 1922, made an order remanding the case to District Court for the tak- ing of additional testimony, on the onable value of the home of Wallace at the time he took posses- sion, the reasonable rental value. the value of any improvements since made, whether or not Wallace was a member of a Home Buyers’ Lea- gue and if so the extent of the ob- ligations due the association from the league of which he was a mem- ber. Under date’ of March 7, 1923, Judge Pugh filed revised findings in which he adhered to the findings and conclusions originally. found by him in all respects, except that he found the contract price to be $6,- or $400 more than the figure which he originally found was the contract price, according to the state's brief. The state, bfief, urged in its supplemei\al that Wallace was not entitled to specific performance of the alleged contract beéause the al- leged contract price for the home was not specifically and definitely agreed upon, because the terms and tions of payment were not de- finite, because the cont violation of the law w' ed the association from building “or selling a home costing moze than $5,000, because the contract was not reasonable and because Wallace was not a member of a Home Buyers League. DAKOTAN LANDS RECORD YELLOWSTONE PARK FISH Jamestown, N. D., July 18.--C, BE. Boardman of Jamestown ACATION r sunburn, bites, soreness, lies ivy or summer colds Vick ‘Ss Over 17 Million Jare Used Yebrly recently TYPEWRITEES r All Makes ¢ the! cost of} PAGE THREE broke all Yellowstone Park records for size of fish caught, by hooking :Jand landing a 22-poung mackinaw trout. at the confluence of the Lewis and Snake river, near the south gate of the park, according to the Cody (Wyo.) Herald. He played with the fish for 50 min- utes, having caught him on a fly rod and No. 3 spinner. He had to wear him out so that finally he lifted him from the water by the gills. The fish was 87 inches long, and 21 inches in girth, The fish is mounting. being prepared for CAPITOL "THEATRE ALICE CALHOUN anes “Little Wildcat” - A Picture With a Punch! A Story With Action! A Star With Pep! —also— “Red Russia Revealed” INTERESTING AND_INTI- MATE VIEWS OF SOVIET GOVERNMENT THAT GIV® VIVID IDEA OF CONDI- TIONS IN RUSSIA; OFFER- ING HAS GOOD EDUCA- TIONAL VALUE AS CUR- RENT HISTORY. ALL ‘AR COMEDY THE BUSY BODY ELTINGE LAST TIMES TONIGHT _WEDN: ESDAY MARJORIE DAW NOAH BEERY MARGUERITE de la MOTTE —in— “WANDERING DAUGHTERS” —and— ROUND FOUR { CHTING “CHUN Tribune Advertising Every successful merchant and manufacturer adver- _ tises. That’s one of the main reasons they have s suc- ‘ ceeded—they’ll tell you so themselves. For local advertising The Bismarck Tribune i is the best possible medium—going into hundreds of homes of all: classes—homes that constitute the buyers you wish to Watch the ads in The Tribune and see the sduurtiones who voice thet agreement by. ming its colnna The Tribune, Bismarck —