The Bismarck Tribune Newspaper, August 1, 1923, Page 2

~ B. Tah PAGE TWO $-)-23 BEST FRIEND OF INDIAN) Major McLaughlin Paid High Tribute by D. F. Barry “Major James H. McLaughlin, who} wilt be buried at McLaughlin, South | Dakota, Fridey probably was the | greatest friend the Indians ever knew, D. F. Barry, pioneer gtapher now a resident of Superior, | Wis., told the Duluth News-Tribune. That paper says: Maj. James H. McLaughlin, 81, | famous Indian claim agent fog thej government, who died at Washing-| ton, D. C., Saturday, was a friend of D. Barry, Superior photographer. Major McLaughlin and Mr. Barry,/| knew each other since 1880. They became acquainted at Standing-Rock, N. D,, noted Indian reservation. “Major McLaughlin was a great] man—probably the greatest frie the Indian has ever had,” said Mr.| Barry, Suni “He knew every In-| dian chief at every agency in the United Sta popular with every tribe of Indians. Barry stated that he was a/ Mr. | close friend of Major McLaughlin all} the time they were stationed at nding Rock. For the last few! rs the two have kept up a con-| stant correspondence, Mr. Barry hear-| ing from the Indian agent only four| weeks ag When Major McLaughlin visited| the Twin Ports he would call on Mr.| Barry. The last time he was here was in the spring of 1915, Mr. Barry | i. At that time he was guest of| honor at a banquet at the Kitchf) Gammi club, Duluth. Many of Major| McLanghlin’s personal friends at- tedded. Atmong them were G. A. Tomlinson, Milie Bunnell, Henry Seltz and the late Charles Marshal. According to information just re- ceived by Mr. Barry, Major McLaugh- lin will be buried at McLaughlin, S. D., which place was named after him. He has two sons, Charles and Sibley, | living there besides his widow, he said, | MANDAN NEWS Anton Schlinger Dies.of Pneumonia Anton Schlinger, aged 30, farmer in the St. Anthony district, died at 5:30 o'clock Monday afternoon of pneu- monia after a brief illness. He was born in Austria and came to this country as a boy having made his home in the St. Anthony com- munity in Morton county where he has been farming for the last ten years. His death is mourned by a large circle of friends. His widow, two children, of St. Anthony, one brother, John, now in the U. 8, Navy, and six sisters sur- vive. They are Mrs. Paul .Wohkittel and Mrs. Mike Gish of Mandan; Mrs. J. Deringer and Mrs, J. Smith of Bis- marck; Mrs. Andrew Miller, St. An- thony, and Mrs, H. B, Lahman of Odense. Funeral services were held at 10 o'clock this morning from the St. Anthony Catholic church, interment taking place in the cemetery there. Board of Education Holds Meeting Members of the city board of edu- cation held a final mecting with Ar- chitect Gilbert Horton of Jamestown today to discuss plans for the new high school. The architect has been making some minor changes in the -blans and drawing up a set of speei- fications and it is expected that final approval will be given by the board. = Immediately following the approval of plans the board will call-for bids, which, received within a month pro ‘ubly will result in the ‘foundati _and masonry work being well under cway before freezing weather sets in, W. C. Green, Kargo, licutenant governor of the Kiwanis club for North Dakota, was enthusiastically *received by the local Kiwanis club yesterday at a luncheon. He urged the slocal club to join the North Dakota ‘caravan of automobiles to the Wa- itertown, S, D., convention and to be trepresented there, August 9, 10. ¢ Misa: An who has been “visiting” wt her sister, oMrac W. H. Monday for *Evanston, Ill, ‘where she will take up the study of photography. Mrs. Fred Stabler and children who shave been visiting with relatives for the past two weeks left last night for their home in Oakland, Calif. 2Miss Jennie Boehm, sister of Mrs. Stabler will accompany them and will <visit there for gome time. = Robert Rowley who has been spend- ing thé-past two months in Edgely, N. Dak., came to Mandan Monday for a the home of his whey, ¢ | ly, brethren, whatsoever things sy. haters rer things are hon- est, whatoever things are just, what- tnoever things are pure, whatseever f are lovely, ‘whatsoever things goed report; if there be any ri and @ there be any praise, thine: these thinga-—Phil. 4:8. . s . c3 i i Eo.praise good actions with sincer- it} be said to be taking part in pao photo- |” ee eee Petticoats Shouldn’t Bar You From Success They Didn’t Hinder San Francisco’s First Woman City Attorney in Her.Climb From Poverty MRS. MARY RANTZ SCHWAB San Francisco, Aug. 1.—The lad- der of success, to Mrs. Mary Rantz chwab, has been a series of strug- gles and discouragements all the way up from poverty. ‘ Now, well on the way’ in her up- ward climb to a set goal, Mrs. Schwab sits at her desk as the first woman assistant city attorney of San Fran- cisco and expounds this lesson from her experience: “Petticoats don't get in the way of a woman who really wants to suc- coed.” It's an even fight, she concludes, with man and woman on equal terms. “It is not a ‘man’s world,” explains. “If a woman has determination, she has as chance to win as has a man, “But she must have patience and the ability to keep the one goal in view. Neither man nor woman has the right to expect success without effort, which may extend through years.” Feminine Throughout The farceful personality of San Francisco's assistant city attorney confirms this opinion, Mrs. Schwab's attire is essentially feminine. Her brown hair is bobbed. Yet her fea- tures display that enviable character- istié of aggressiveness that has brought her up to her present height. ‘i From childhood, she hoped for success as an attorney. Now that she has tasted of it, she intends to continue her way upwagd in the law, with the hope ultimately to perform some big social service. she equal good a Mrs. Schwab's yearning to become of real social service to humanity springs from her own bitter expe- riences since she was a tot of 4. At that age she Russian persecution, under her fa- ther’s care, abandoning wealth and property. America, the promised land, opened .to them after months of privation and hardship, and the Rantz family settled in Philadelphia. Fmily Support But the promise of America was far from becoming a realization, Mary had to go out selling papers to add to her father’s meager ineome. As she grew older, and. moved to Peoria, Ill., she was destined to help support a large family, even before she could enter upon higher eduea- tion. p At 15, Mary left business school as a bookkeeper and ofained work in a grocery for $5 a week. That hardly helped keep the wolf from the door. But, after a night course in stenography, she was able to find a better position at $10 a week. Thus she climbed slowly, courage- ously and by sheer grit to the point at which she was able to struggle through a night law course, while! she worked by day. But this was not until she had come to San Francisco as a stenog- rapher, had married Rudolph Schwab in 1911 and had lost her husband by death six years later. Now, as first woman ever to hold the position she is in, Mrs. Schwab considers herself at last started on her way to success, -~ ADVENTURE OF THE TWINS ry By Olive Roberts Barton NANCY and Nick and Mister Sky Bow slipped on a lot of banana skins the bad old wizard threw down and things did look bad for a minute. The Twins remembered what Sky Bow had told them. This. That if the wizard (Crogs Patch his name was) saw them inst, he would grab his magic stick and say a charm and turn them all into worms. “Goodness!” thought Nancy when she felt herself falling, “I'll soon be a worm. I wonder whether I'll be turned into an earth worm or a fuzzy one.” And Nick was thinking tne same thing, j But Mister Sky Bow, smart little] fellow, wasn’t thinking of anything so silly! He was thinking, “Just as soon as old Cross Patch reaches for his magic stick there on the table, I'm going to grab him atound the shins and do a little magic work my- self,” And he watched and watched. Sure enough! Just as old Cross Patch took a step to get his bad old stick, didn’t Sky Bow roll over and grab him! Down went the wizard like a ripe apple. a Quick as a wink Niek jumped up and grabed the magic stick, “Take us all out of here and turn old Cross Patch into a turtle,” he cried. And that’s just. what happened. And Cross Patch couldn’t follow, as turtles move so slowly. Then the Twins and Mister Sky Bow took the magic stick and made everybody happy again. The Glooms became Grinners at once and grinned happily. But the best part was when they went back to Rainbow Land. By one wave of the wand they made the Nosies and Earsies.and Dummies and Whirlies and everybody happy again. And Cross Patch stayed a turtle for two weeks, when ‘the Fairy Queen turned him into a’ good fairy insteat of a bad one, (To Be Continued) (Copyright, 1923, NEA Service, Inc.) The screws made in watch fac- tories are ‘the ‘smallest in’ the world: 100,000 ‘of thern could be Placed in an ordinary thimble. - ithering the creation of homes and |the rearing of children. ;8aved the race from rapid extinction recalls fleeing | THE BISMARCK DECREASE IN BIRTHRATEIN FRANCE RAPID Since 1871 Deaths Have Ex- ceeded Births —Situation | Alarming i_ Paris, Aug. 1.—Tle peril of a greater, stronger Germany over- whelming a steadily weaker France py | |sheer force of numbers, looms in- creasingly large in the pessimism of {French sociologists studying the shrinking birthrate of their country, The increase of 169,000 in popula- | tion for 1920, small as it was, arowsed ; the hope of the gévernment and the public, for it was generally believed that the rush of war-tired soldiers and women, anxious to-marry and | jestablish homes, was the turning ‘point. They have been disappointed. | The net excess of births over deaths | the following year was only 9,000 and ithe results of last year, still being itabulated, are rather dreaded by,so- | ciologists and economists. President Millerand not long ago | spoke of the birth rate question as | “that of life itself for France.” His jefforts, he said, were devoted to fur- France’s plight in a world of war is likened to that of the little boy who grows slowly while all his compan- lions develop like weeds, In the 16th century France had half the popula- tion of Europe; at the end of the 18th she had only one fourth, and today she has little more than one-tenth. Sincé 1871 deaths have exceeded Births, and only immigration has by a loss that frequently was a quar- ter of a million a year. = * Whatever the reasons for the half century of decreasing birthrate, the present shortage of living quarters, the vicissitudes of life, and the low- ered moral standards are blamed to- day by students for the condition that persists in Spite of a ‘really na- tional campaign for more children. ° ! SUPREME COURT | ee From Ward County Theodore O. Loveland and James |L. Records, co-partners deing bus- jiness under the name and style af Bernard Manufacturing. Company, Plaintiffs and Appellants, v. J. G. Havlena, Defendant and Respondent. SyHabus: 1. Where, in an action on a negotiable instrument peyabl: to the plaintiff and especially in- dorsed by him, ‘subsequent indorse- ments appear, the presumptiona .are in the plaintiff's favor and he need not show a re-transfer to himself. 2. While a contract of purchase and sale of personal property is ex- ecutory, the purchaser may repudiate and cancel the same, subject to . the right of the seller to recover such damages as he may suffer by reason of such repudiatien. i 3. Though a purchaser repudiates an executory contract of purchase and sale of personal property, if the seller refuses to assent to such repu- diation and thereafter performs, and the purchaser reeedes from his posi- tion and accepts the goods tendered in performance, the seller may —re- contract. . Appeal from the District Court of Ward pane Honorable John C. we, J. Judgment for Defendant, and plain- tiffs appeal. Reversed and remanded. Opinion of the Court by-Nuessle, J. C, B. Davis of Minot, attorney for defendant and respondent, . From Stark, County Leopold Dalheimer, Plaintiff and Respondent, v. William H. Lucia and William Walter, co-partners, Defend- ants and Appellants. Syllabus: 1. In an action based on alleged fraud and misrepresenta- tion which induced the plaintiff to enter into @ contract with defend- ants, the sum. expended by the plain- tiff in a good faith endeavor to carry out the purposes of the transaction may be recovered. ~~ 2. “One who is defrauded by a false statement which is made to in- fluee-and does induce the execution of a contract, has the choice of rem- edies: (1) to affi the contract and take its: benefits, so far as ob- tainable and recover any damages sustained by the false. statement; or (2) to reseind the contract and zecover.any moneys paid or property delivered under it.” i . A: pai may, notwithstanding the t that the centract is in writ- ing, show, by parol, that he was in- duced by false and fraudulent repre- sentations to become a party to the contract. tid A 4. Whether defendants were part- ners is not material and a joint ac- tion may be maintained sgainst them when the eviden participated-in.the’al misrepresentations, &. For reasons stated in the opin- cover according to the terms of the || | weight of expert testinfony, TRIBUNE WORK | Countess Finds True Happi- ness as Proprietor of String of, British Laundri a COUNTESS OF CLONMELL By NEA Service London, Ad. 1.—Call it reac- ticn from the war, if you will, but the fact remains that British wo- men, bred in court atmosphere, are finding it difficult té go “back to the old way of living.” One of the nobility who “felt that | way” is the beautiful Countess of Conmell, wife of an Irish peer. During the war she was active in relief work. She worked hard. And when the armistice came and court Life settled ‘back ‘she grew restless, she says, She wanted to be a business wo- man. In the world of facts and fig- ures, she felt, she could find true happiness. ‘And so the countess startled aristocracy by opening a laundry in the fashionable Mayfair district. She called her establishment “The it would prove such. But it didn’t. Business flouris:- ed. She made money. And then she displayed typical American en- terprise by expanding and starting branches in various parts of the isles, The countess was the former Miss Rachel Berridge of Toft Hill, Warwick. She intends to remain a business woman always. ion, it is held, that there is suffi- cient evidence to support the verdict of the jury in favor of the plaintiff. Appeal from the District Court of Stark County, North Dakota, Hon. H. L. Berry, Judge. Affirmed. Opinion of the Court by Johnson, J. Bronson, Ch. J. concurs in the result. T. F, Martha and J. P. Cain, Attor- neys for Plaintiff and Respondent, Dickinson, North Dakota. ; L. A. Simpson, Attorney for De- fendants and Appellants, Dickinson, North Dakota. FROM McHENRY COUNTY’ Louise Schmidt, by Robert Sch- midt, Guardian, ad litem, Plaintiff and Respondent. vs. E. C. Stone, Defendant and Appellant. SYLLABUS: 1. In a malpractice the when there is conflict therein, and the in- ferences to be drawn therefrom, are for the, jury. 2. The rule that expert testimony, upon technical matters, beyond the: training or experience of lay wit- nesses, must, when uncontradicted, be aceepted as conclusive by the jury, held for reasons stated in the opin- ion, to have no application to the facts in this case. 3, Answers of a witness, on cross- examination, to questions upon irrel- evant or immaterial matters, are con- elusive against ‘the examiner, and it is error to receive, over . objection, evidence for the sole purpose of con- tradicting such answer. 4.. Preliminary questions relating to the“sufficiency of the foundation Isid for impeaching questions, are for the court, and, in the absence of eon- flict in the testimony of witnesses,| brought out during their examination, as to the essential facts which con- stitute such foundation, it is error action petency of the impeaching testimony to the jury. 6, In the absence of evidence to the contrary, the law presumes ‘the care and skill by a physician and surgeon. 6 The mere fact that an opera- tion 4s not successful or that defects appear after it is performed, unless os such a nature that negligence must be assumed from their unexplained presence, js not evidence of negli-| gence; the physician is not an insur- er, and the doctrine ef res ipsa loqui- tur has no application. 7.. When a motion for a new trial on the ground! of excessivencss_ is| not made and the amount of the ver- diet if in no manner challenged in the trial court, the defendant can- is, t00 net;*fer the first time, on appeal White Elephant.” Perhaps she felt! | to submit the question of the com-| exercise of a reasonable degree of} WEDNESDAY, AUGUST 1, 1923 Judge HH. BWing of Great Fall \ following a ti of guilty by Jam‘ Divine, said to be a r of man. Curtis himself bid in most of Mandi Bie! ui elt EAE a aad i ae landan, N. D., Aug. 1—The e mystery well was rumore “mystery Well,” five miles south-| have been a test project of ,the| Mrs. Holzer, according to aeaet re east of Lemmon, S. D., which was | Royal Dutch Oi! company interests | ceived at Minot. , The two nyt rs started two years ago by J. M.|and as late as twd weeks ago had|have been held in jail since theirs Curti# and which before drilling| been reported to be a 500 barrel] arrest on June 28. Divine was agen for oil was started was surrounded | per day oil producer by a geolo-|tenced to pay a fine of $500 a ve ye a high board fence and was| gist claiming to be in the employ | serve from one to two years in Mi closely guarded until very recently, | of the Dutch-Shelf interests. state penitentiary, but the fine abs is bemg dismantled, according to all er Meee prison sentence were suspende 10. K. Fjetland, editor of the Lem-| DAKOTANS ARE. RELEASED. | with the understanding that he mon Tribune, who asserts the] Minct,N. D., Ai 1.—Mrs. Neil] leave the Shelby country at once. = tery oil production” has been | Holzer and S. J. “Buster” Nichols,’ exploded. Dismantling of the} both of Minot, who have been held Plant followed a sheriff’s sale to|in jail at Shelby, Mont., on a satisfy two judgments, one to an| charge of possession of narcotic abi and another to a hotel| drugs, have been dismissed by MYSTERY OIL ‘WELL Many of the Scottish lochs are estonishingly deep, the depth of one—Loch Maree—being known to exceed 1000 feet. “HIS MASTERS VOICE” New Victor Records , August 1923_ Lict [Empire Day Messages to the Boys and Girls of the British Empire Number Price ing George V and 19072 $.75 God Save the King and Home, Sweet Home ohare ve Ma Popular Concert and Operatic © Daddy (Lemm-Berend) Frances Alda 66152 1.25 Prince Igor—Recitative and Air of Prince Galitsky (Boia) Feodor Chaliapia 87361 1.25 Sets of Love): (Donizeni) Jn Je Lohengrin—Mein lieber Schwan! : * Orville Harrold 74813 1.75 "Beloved Swant"'—Lobengrin's Fasewell) (Wagner). 2n Gormen..:: ; Reinald Werreareth 74815 1.75 Home (io Ais of “Lasgo” from “New World Symphony") (Fisher-Drordi) Melodious Instrumental : Spinning Song (soac Witou Werk) (Meadchsis) rom so Ignace Jan Paderewskt 66150 1.25 Landler (Moan) rutin sate Mischa Elman 66151 1.25 Serenade (Essico Tex, Op. 6) Erika Morini 66153 1.25 Viennese Dances (scuba) Philadelphia Symphony Orchestra 74814 1.75 Valse Hilda Dan) ton Clyde Doerr Biaceal Ges) coe, Gide Deesr}29028 475 Light Vocal Selections _ {Beqpesg} Lave You Dear ; Biber Mery} 45382 1.00 wieieaTieaTty es Ee Sethss0e9 ae {Oh Sole, Ob Met etl} oom rs {How Hib Uer pete Aither Mew-Ed Foet?9081 75 Ree Se Best cock Robin ‘lice Green }19060 75 eer Con for the Evenin’ Mail Mother Goose Trot ob ox Trot Medley of Old Ti Waltz - The Troabadoars ‘ (Yeser of ld Maatice Wale re Goue watt Tronbedourss#9082 <75 Calin Maeny—Fox Trot The Goeat White Way Orchestra #9087 75 Rosetime Tot (im "'Go-ce") Lex Confrey and His Orchestra € {GR Hee Colegits Wel ovFoc Tis’ Les Chey cod His Oncteare}19090 75 raise the question that the verdict, 4 Fee. appeal from the District ‘Court Henry County; Second Judicial Hon. C. W. Buttz, Judge SED. Opinion of the. Court, , Bronson, Ch, J. Dis- & Goss, Attorneys’ for De- fi s i’ eet ji North Dakota, EVR. Sinkler, 1. When June Comes ith Tret mane Cements Vi * Sofie Gat Whe Way Octet 19091 .75 Bern and Bred ia Waltz >» ‘The Troubadours{” Wen Yor Waits Get mene En Walled i "foe Trot Bos dee Sad Ht Qt 9002 a8 Bebe—Fox: Trot oth el ap arty ag ah won Secele— Ent rot Great White Way Orchestra’ Pi i to Dreamland Benson Orchestra cae {ie tee cnight Wats sua he es eat Cag) 19801 18 {Nee Mi Se Beene i Ths Beare Ochs of nse} 39102 15 ae Boson Orcheura of Chicago} 19103 _ 75 resent. Pop on Ae gi CET ( : En Vp AO ASIN ETS OR Say Sor r f —ereooeeaum=ane a ri eo ee gcueenep ad