The Bismarck Tribune Newspaper, July 20, 1923, Page 3

~ URGE COURT |. FRIDAY, JULY 20, 1923 ESTOPPED IN | BANK CHARGES t Defendant’s Attorneys Hold! Supreme Court Can’t Order Indictments Reinstated COULD START ANEW) Attitude of Defendants Is) Presented in Specially Ordered Argument Arguing that the proceedings be-} re Judge George M. McKenna in setting aside indictments returned in the Scandinavian-American*bank case | by the Cass county grand jury were final because the defendants had been discharged and their bail exon- erated, Charles E. Wolfe of Wahpe- ton, counsel for defendants, declared the only remedy left was for filing of new charges. In some of the cases against A, C. Townley, William Lem- ke, O. E. Lofthus and others, however, q the statute of limitations has expired which would make the filing of new charges worthless. Mr. Wolfe and John FE. Burke were before the court to answer in argu- ment questions propounded by the court as to whether the trial court erred and if so, whether the indict- ments could be reinstated, Attorney-General George F, Shafen and George A. Hangs, special assist- ant, had filed before the court a pe- tition for the exercise of its superin- tending power over lower courts, and to reinstate the indictments. Assuming that the trial court was in error in making the ruling, Mr. Wolfe asserted that the district court had lost jurisdiction of the de- fendants by disch: ng them and the state had not filed a petition with the court to retain jurisdiction, The arena court, he argued, could not oMer the court to do that which it had no power to do. An order setting aside an indict- ment, he admitted, was no bar to fu- ture prosecution for the same offense. Former Governor Burke maintained its jiled the igdictments as invalid because the At- t8rney-General had appeared before the grand jur; GOVERNOR T0 SEEK HARVEST RAILROAD RATE Will Meet Railroads Heads in ‘. St. Paul Tomorrow in ' Renewed Request Governor R, A. Nestos will meet heads of the traffic departments of the four largest railroads operating in North Dakota in St, Paul tomor- row for the purpose of making a final argument in’favor of the roads granting a speciaNrate to harvest laborers coming into North Dakota. The railroads, after considering the representations made by Governor “ Nestos sometime ago, had notified him that they would not grant the special rate, and request for further consideration followed. A rate of $5 to harvest laborers frowh the Twin Cities was made last year on representations by Governor Nestos, who urged that this year the railroads could well afford to make a rate to bring laborers from other states here and to insure the har- vest of the crop which the railroads would transport to market, ~ rn Minot Beats Jamestown, 6 to 4 Jamestown, \N. D., July 20.—Minot wen from Jamestown last night, 6 to 4, even despite the fact that Jamestown placed errorless ball. Venemon was touched for seven hits by the Magicians” while Leifer held the Jimkotans to one less, Score: invt Wamestown Batteries: Leifer Venemon and Clark. and Oliver; \ Too Late To Classify : WANTED—Competent. girl for gen- eral house work. Phong 458. 20 Ave. B. West. 7-20-t£.: FOR SALE—Three Dodge touring cars, 1921 and 1922 models, bought last fall—equipped with Rex Tops, heaters, moto-meters, front and rear bumpers, spare tires. All in Al conditions—REAL BARGAINS. 4Phone 501, Interstate Tramsporta- tion Co. 7-20-10t ‘ Didn’t Know is _His Brother ee “My brother got so bad with stom- ach and liver troble that when I saw him after a year II didn’t know him. He was emaciated and yellow as a pumpkin and was often in great pain. He couldn’t have lived long the way he%was going. Doctors and medicine gave him no relief, I picked up a lit- tle outlook on Mayr’s Wonderful Remedy, which he said described his <“ case perfectly. The first ‘dose of it gave him great relief and in a month he was good as ever,” It is a simple, harmless preparation that removes - the catarrhal mucus from the intes-* tinal tract_and allays the: inflamma. tion which causes practically all stomach, liver~ and intestinal ‘ail ments, including appendicitis. One dose my! convince or/money. refund- sled, For Sale At All Drugists. Ad an g \ rerwe-— THE BISMARCK TRIBUNE ~~~ WHEN PLANES GET STRANDED ON MUD FLATS —— 3 ey {Rheinhart J. Kamplin, A: The latest thing in aviation circles is the “rescue sled” shown above. Many planes get disabled in tests and are compelled to land on mud planes. A crack squadron of the British air fleet this photo of the planes in perfect alignment shows. Hendon, near London, flats n RIALTO ROMANCE? Jessie Reed (above), divorced wife of Daniel Caswell, wealthy Cleve- lander, is rumored about to again embark on the matrimonial ark. Miss Reed is a prize Ziegfeld Follies beauty. / FIRST LICENSED OPERATOR George Hill Lewis, above has the distinction of being licensed radio operator ‘No. 1... He was the first, in 1911, when’ the operator's license law went into effect, to receive the license which the values now more than-any other part of his property. Lewis ig a graduate of Annapolis and was assigned to the radio diyi- sion of the U. S. tavy.in 1910. At present he is employed at station WLW ip Cincinnati. ‘ : . AUTHOR a j This is Marjorie Bowen, one of !England’s best known authors and Jecturers,, Many of her books are widely redd in the United States. | ¢, In private life she’s the wife of Captain Long of His Majesty's army. & . SLEEVELESS SWEATERS The sleeveless’ sweater is ‘the boon companion of the pleated skirt ag it-does; away with the un- lovely line ere the skirt waist end dhe skirt meet, the Naval Air Station, San Diego, Cali draws but eight inches of water, carries six men and travels 30 miles an hour, was devised. .|-he is unable todo so, although omy So this sled, which It tows the maneuvers with the precision of an infantry regiment, as This was taken during the recent air pageant at . * ° | Puzzling Plays ! ° THE PLAY Interference plays at the plate are troublesome. Often the runner and the ball arrive almost at the same time. There is & runner on second, the batter singles to right,-and the ryn- ner attempts to score on the hit. Bhe catcher blocks the plate, and the run- ner slid nto him, while the ball is considerable distance a Despite efforts to r y. ch the nlafe, a few inches away. In the meantime the ball arrives and the catcher touches him. What is the proper ruling? THE INTERPRETATION The runner should have been de- |clared safe. The catcher has no ‘right to block off the runner at the home plate unless he has the ball ready to make a play. ! NOTICE OF MORTGAGE SALE BY ADVERTISEMENT Notice is hereby given that that certain mortgage, executed and deliv- ered by Robert Mattis, a single m: mortgagor to Seth G. Wright, mo: gagee dated the Ist day of’ M A.D, nineteen hundred and Eigh- teen and filed for record in the of- fice of the Register of Deeds of the County of Burleigh, and State of; North Dakota, on the 6th day of March A. D. 1918, and recorded in Book 144 of mortgages, at page 484 will be foreclosed by a sale of the premises in such mortgage and here inafter described at the front door] of the Court House in the City of! Bismarck, in the County of Burieigh and State of North Dakota, at thc hour of 2 o’clpek P. M, on the 13th day of August 1923, to satisfy the amount due upon said Mortgage on the ‘day of sale. The premises described in said Mortgage and which.will be sold to satisfy the same, are those certain premises situated in the County of| Burleigh and State of North Dakota, and described as follows, to-w: The East Half of the Northwest Quarter (E%4NW%) and Lots one and Two (1 & 2) of Section Thirty-one (31), in Township One Hundred Forty-four (144) North of Range Seventy-eight (78) West, of the Fifth Principal jan, containing One Hundred Forty-four (144) acres, more or less, according to the U. S. 7Government survey thereof. There will be due on such Mort- gage at the date of sale the sum of One Thousand Four Hundred Eleven and 68-100 ($1,411.68) Dollars. Seth G. Wright, Morteagee Lawrence, Murphy & Niles, Attorneys for Mortgagee Fargo, North Dakota, (6-80 7-7-14-21-28 8-4) “NOTICR OF REAL ESTATE MORT- GAGE FORECLOSURE SALE Notice is hereby given that that certain mortgage. executed and deliv-|§ ered by Elias P. Elleflood, an_un- married man, mortgagor, to The State of North Dakota, mortgagee, dated the 3rd day of Mi 16, and filed for record ia the, office of the Regis- ter of Deeds of the County“of Bur- leigh and State of North Dakota on the 4th day of May, 1916, and record- ed in Book 29 of Mortgages at page 156, will be eceeeleod by a sale of \the premises in auch mortgage and hereinafter described at the front door of the court house in the City of Bismarck, in the’ County of Bur- leigh and State of North Dakota at the hour of two o'clock P, M., on the 11th day of August 1923, to satisfy the amount due upon such mortgag? on the day of sale, ie premises ‘ described in such mortgage and which will be sold to satisfy the same are described as follows" ‘The Southeast Quarter (SE%) of ction Number Eighteen (18) in Township Faber One Hundred {| Thirt-Eight (188) North, of. Range; Number Seventy-five (75), West of the Fifth Principal Meridian, con- Fifteen Hundred Fifty-seven and 79-100 Dollars ($1557.79), together with the cost of this foreclosure. * Dated this: 23rd day of June, 1923, ‘ihe State of North Dakota, Mortgagee. George F. Shafer, Attorney Geaerzl of The State of North Dakota.’ ant Attorney General and Attorney for the Board of University and School Lands of The State of North Dakota Attorneys for Mortgagee, Bismarck, North Dakota, (6-28 7-5-12-19-26 8-2) CITATION HEARING PETITION TO ESTABLISH RIGHT OF HEIR- IP TO REAL PROPERTY State of North Dakota, County of Burleigh In County Court, Before Hon. I. C. Davies, Judge. In the matter of the Estate of n, deceased. A son, Petitioner va. Vernon Kettleson, Evelyn Kettleson and all other persons unknown iming any estate or interest in or lien or incumbrance upon the property described in the peti jon or against the estate of sai deceased. And all other persons unknown claiming any estate or interest in or lien or encum- brance upon the property de: cribed in’ the petition again: the estate of said deceased. Respondent. ATE OF NORTH DAKOTA to the above named Respondents, and all other persons unknown claiming any estate, or interest in, or lien or encumbrance upon the property described in the petition or against the estate of said deceased: You, and each of youg fre hereby Notified that Anng Atkingon has filed in the County Court. of the sitd County of Burleigh, State of North Dakota, duly verified petition pray- i a decree ascertaining and es- tablishing the right of succession to the renk-estate within the County of Burleigh and State of North Dakota, 6f which B, A. Kettleson late of the Hl immerman in the County herburne and State of Minnesota ed; which real estate is des- follows, to-wit: ‘outh-half of the South-half Forty-two (142), Range Seventy-seven (77), County of Burleigh, and State of North Dakota, And that Tuesday, the 7th day of August, A. D., 1923, at 10 o'clock in the rorenoon of that day, at the Court Room of this Court, ‘at the Court House in the city of Bismarck Coun- ty of Burleigh and State of North kota, has been set by order of this as the time and place of id petition; at which time Pp any person interested may nd object to the granting of ition. » and each of you, cited and required then to be and appear before said Court and show cause, if there be, why said peti not be granted. ed the 26th day of June, A. D. SAL) are; and) this| any! ion should I, C. Davies, Judge of the County Court. * Let the service of the above cit- ation be made by publication in the Bismarck Tribune once each week for three successive weeks, all not less than twenty days before said hear- Lig (SEAL) \t I. C. Davies, Judge. SILK BRAID Silk braid in in colors, or in patterns resembling cross-stitch or {ent of the BANDITS MAKE $8,100 HAUL Sioux City, Ta, Saly 20.—Three men last night entered the office of the American Express company, oung and gagged a guard, and es- caped with $8,100, Coal Man Is Attacked Twice Minot, N. D., ‘July 20—C. E. Wrightson of th’ y, superintend- Dakota Lignite Products company, Tast night was clouted on the forehead by a fist or weapon of an unknown assailant, who escaped. Wrightson did not regain conscious- ness until four hours later at a local hospital. Arising tod: y at 1:30 a, m. he went |to a shed near the briquetting plant, in which he sleeps’ and lighted a match. Again someone struck him and he lost consciousness. Wrightson, against the advice of authorities, has been sleeping at the plant each night, despite the fact that on several i someone has fired shots into the room where he was staying. He expressed the belief that the disturbances were the result of law enforcement work he performed sev- eral weeks ago for federal officials, [Saenink evidence in a number of cases against alleged bootleggers. HERE’S \VHERE IT IS HOT Melilla, Spanish Morocco, July. Commerce and social inter- course here is at a standstill be- cxuse of the exceptic heat, the thermometer te 129.2 degreos F: SUMMONS- STATE OF NORTH DAKOTA, County of Burleigh. IN DISTRICT COYRT Fourth Judi- cial District. Martha C. Wheeler, Plaintiff. ve. Bertha P.Johnson, Charles A. Bergquist, and Josephus Todd. Defendant. The State of North Dakota to the above named defendants: You are hereby summoned and re- quired to answer the complaint of the plaintiff in this action, a copy of which is hereto annexed and here- with served upon you, and the ori- ginal of which is on in the of- fice of the Clerk of District Court of THE WORLDS FINEST CRUISE on the Great Lakes Tra: “Tionesta” Duluth to Bufta. beai it Corporation Steel Steamers “Juniata” Octorara” lo and Return utiful scenery and educational JUXURIOUS comfort, value. ates Lake Superior—Straitrof Mackinac— Lake Hi three ite. marie. bbe, Cleveland, Best dining 2 ever; hestr: Tickets and Reservations St. Clair—Detroit River— ie and numerous other bodies of water making’ Great Lakes group, Passenger service exclusively ya stopping at Houghton, Sault it, Lake Dancing at All R. R. and Tourist Ticket Offices G. C. WILLIAMS, G. L. T. Corp. Duluth, Mian, = Phone 57 ROHRER TAXI OUR AUTO LIVERY SERVICE 3 It will theatre, hurch or station, [It will take you shopping or call- ing. And it will take you on a week end visit or a good long trip. Comfort- able and well appointed car expert drivers and moderate rates make our auto livery service very attractive. Phone or call for what you want. LINE Phone 57 is all e inclusive. you to SPECIAL SALE ON TIRES FOR SATURDAY 30x3, fabric Tires with tube.................$10.10 Y% Gal. Texaco 30x34 tire with tube.... VY Gal. Te: Our guessing contest on Motor Oil Free, ‘aco Oil Free. the Michelin 30x314 tube closes Saturday at 6 p. m. hand embroidery trims the newest Italian silk linge Dry Cleaning, Pressing Dyeing, Repairing. Call 58 Eagle Tailoring. Same will be blowed up between 7 and 8 at Breslow’s drug LOCKWOOD Cor. 8th & Main. store. ACCESSORY Phone 187 Tribune Advertising ceeded—they’ll tell you so themselves. Every, successful merchant and manufacturer adver- tises. That’s one of the main reasons they have suc- For local advertising The Bismarck Tribune is the best possible medium—going into hundreds of homes of all classes—homes reach, : that constitute the buyers you wish to Watch the ads in The Tribune and see the advertisers who voice their agreement by using its columns. The Tribune, Bismarck taining 160 acres more or Jess ac- cording to the Government. survey thereof. There will be due on such mort- gage at the ate of\sale ‘the sum of ee te $41 enemas Fa Covers the Slope Like the Morning Sun. oS ME RET Ae » 4 thirty eight in Northern Pacific PAGE THREE Burleigh County, North Dakota, aid to serve a copy of your answer upon the subscriber at his office in the city of Bismarck, Burleigh County, North Dakota within thirty days af- ter the service of this summons upon you, exclusive of the day of such service and in case of your failure to So appear and answer, sndement will be taken against you fault for the relief demanded in the complaint July 12, 1923. F. BE, McCURDY, Attorney for Plaintiff, Bismarck, N. D. You will please take notice that the above entitled action is brought for the purpose of quieting title to that land in Burleigh County, North ‘Da- Kota dexeribed as Lot three in, Block ecs. ond addition to the City of Bismarck in Burleigh County North Dakota. Se ae MeCURDY, iS Attorney for Plaintiff. 7-20-27-8 8-10-17 24, Ground Gripper Shoes for men and women. Make and keep your feet well. Alex Rosen & Bro. exclusive deal- ers. (ASPIRIN Say “Bayer” and Insist! Unless you see the name “Bayer” on package or on tablets you are not getting the genuine Bayer product prescribed by physicians over twen- ty-two years and proved safe by mii lions for Colds Toothache Earache Rheumatism Neuralgia Pain, Pain Accept “Bayer Tablets of Aspirin” only. Each unbroken package con- tains proper directions. Handy box- es of twelve tablets cost few cents. Druggists also sell bottles of 24 and 100. Aspirin is the trade mark of Bayer Manufacture of Monoacetica- cidester of Salicylicacid. CAPITOL Tonight and Saturday Headache Lumbago JOHN GILBERT —in— Calver’s Valley —also— HAROLD LLOYD FRIDAY and SATURDAY TONIGHT