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

PAGE TWO INDIANA ASKS JOURGEN OLSON ~ BERETURNED Extradition Matter Is Set For |” Hearing in Court Here on August 7 INVOLVES BANK CRASH Hearing on the extradition of Jour- gen Olson, Minot financier, will be held on August 7 at 2 p.m, it was announced by A. B, Cox Secretary te Governor Nestos, who re da tele- gram from H. A. Bippus, prosecuting attorney of Warrick county, Indiana, that the date y date was fixed Olson's extradition, months ago by Governor MeCri Indiana and withdrawn, was renew- it was adde Mr. Olson’s attor- asked for a hearing and he will resist extradition to Indiana to face charges of conspiracy to commit a felony, Olson was indicted by an Indiana grand jury with John ©, Effinger and Arthur H. Halverson on November 1, 1920, after the failure of the Farmers Bank of Newburgh, Indiana. It was alleged that the three conspired to cause Effinger Sandadalverson, em- ployes of the bank, to defraud the bank, in which, it was said, Olson Was a majority stockholder, of $89,- 000. Judgment approximating $88,000 has been ordered by Judge John C.| Lowe in dist®ct court in deciding in favor pfithe’ plaintiff in the action brought by the St. Paul Trust & Sav- ings bank of St. Paul against Jourgen Olson, et al of Minot. The verdict de- cided upon by the court is the full amount asked by the plaintiff, and represents the sum involved in a fore- ¢losure action on 6,800 acres of land, situated in Ward and Renville coun- ties. The defendant had interposed a counterclaim of $100,000 for alleged impairment of his credit facilities. The securities claimed by the plain- tiff in the foreclosure action consist- ed of bank stock, commission mort- gages and four deeds covering 6,800 acres of land in the two counties. While not denying the debt, no: fact that he gave the commission mortgages and bank stock as collat- eral security to the loan, Olson con- tended that he did not give the deeds to the land as security and instead, he testified, he gave the deeds to the plaintiff with the idea of floating a bond issue ranging between $300,000 fd $750,000, and claims that the plaintiff promised to float the issue, but failed to do so, keeping the deeds and having them recorded in viola- tion of what he claims was the exist- ing agreement, By reason of the deeds being re- orded, Olson alleged in his counter- claim to the complaint, his credit was damaged to the extent of $100,000. Representing the plaintiff wer Flynn, Traynor & Traynor of Devils Luke, and W. H. Oppenheimer of the firm of Moore, Oppenheimer, Peter- son & Dickinson of St. Paul, and counsel for Olson was McGee & Goss of this city, and Palda & Aaker rep- resented subsequent lienholders in- volved as defendants in the action. ee watt | SUPREME COURT + > Rolette State Bank, a corporation, of Rolette, N. D., Plaintiff and Respondent, v. nekota Ele- vator Company, a foreign cor- eration, Defendant and Appel- ~= lant, “Syllabus. 1. A purchaser of property covered by a chattel mort- gage takes it subject to the lien thereof, and the exercise by him of. fominion over the property incon- ent with and in defiance of the rights. of the mortgage thertin, “constitutes a conversion, 2. Where a mortgagee of per- sonal ‘property consents to a sale thereof on condition that the pur- ebaser pay the purchase price to the extent of his mortgage claim to him, the mortgagee does not thereby waive his lien; and where the purchaser fails to comply with the condition, denies the lien, and claims to hold the property dis charged from the mortgage, the mortgagee may maintain an action for conversion against him. 3. ‘A demang followed by a re- is but evidence of conversion; and where obviously such demand would be unavailing, none need be made before bringing an action for con- version, More v. Burger, et al, 15 NN. D.:345, 107 N. W. 200. 4. The measure of damages for the wrongful conversion of person- at property is either, (1) the value of the property at the time of con- version with interest from that time; or, (2) if the action has been prosecuted with reasonable dili- gence, the highest market value of the property at any time between the cenversion and the verdict with- - out interest, at the option of the injured party; and, (3) a fair com- Pencation for the time and- money Properly expended in pursuit of the Property. Section 7168, C. L. 1913. 5. Under the provisions of Arti- cle: 24, Chapter 42 of the Political le) as amended, the lien of a . county for seed grain and feed fur- 5 By NEA Service. Pari Aug. 2.—Here’s news American henpecked husband s: There are some men even worse off than they. For out in the Sahara Desert there is a tribe in which the men are fore- ed to wear veils and the women are the sheiks! That jin a land where every man ig supposed to be a mas- terful hero! For centuries they had been hiding behind the skirts of their wives, and they were able to keep the fact of their subjugation from the world. But finally a woman discovered their secret. She is Mme. Citroen, wife of the French automobile manufacturer who accompanied him on his motor cara- van trip across the desert. Says she; “The tribe, known as Tuaregs, live on the Ahaggee Plateau in the heart of the Sahara. “Its women are the bosses; and the men are the weaker sex—indeed, lit- tle more than slaves, “There a woman never lies about her age. No man dares ask her how Id she is. And even if he would, he probubly couldn’t tell him. For there is no such thing as age in the land of the Tuaregs. “I asked one how old she was looked at me with scorn and ‘We'll see when we die. There’s no need before.’ Time slips by so quick- ly, she explained, that there is no use wasting any trying to figure out the years. “Whether it is this carefree spirit, for or the climate, I don’t. know, But the women there are remarkably beautiful, and audaciously domineer- ing. Women Are Sheiks and Men Wear Veils In Land of Most Hen-Pecked Husbands WOMAN SHEIK OF THE SAHARA (LEFT) AND MME, CITROEN WHO BROKE DOWN A BARRIER OF CENTURIES. OF THE TUAREGS WEARING THEIR VEILS. BELOW: MEN “All other women of the desert’‘are forced to wear veils over their faces. But not the Tuaregs. They | make the men wear them instead. “This position of the women is ex- traordinary, for the tribe is Moslem, and the tenets of the Islam religion teach that women are inferior crea- tures.” But there is one advantage which the Tuareg hen-pecked husband has over the American, He never has to wash the dishes. “For,” says Mme. Citroen, “there are no dishes'to wash, When one is hungry he just walks out and pulls a bunch of dates from a palm tree and has his fill. These dates are the only food. ‘ “The divorce law is easy among the Tuaregs. All that a man néed do when he wants to get rid of his wife, is to tell the Caid, his chief, to send his wife away and the divorce is complete. But while that is the law of the land, it is not the practice. The women have their men too well trained to take any, chance.” While the husbands are timid be- fore their wives, they are as fearless as any other men of the desert when they leave their homes. For centuries these strange riders of the sand with veils'worn at all times have withstood any intrusion, In 1890 when the Frgach began consolidating their vast African possessions, they fought the Tuaregs and lost many men in the campaign. They were only subdued when Marshal Joffre; then command- ant, took a hand in the fight. But even in their defeat they kept their secrets. No photos had ever been taken of them, until Mme, Ci- troen ang her party, in armored cars, penetrated the desert and won the confidence of the woman shciks. stante or for a new trial, defend- ant appeals, Affirmed. Opinion of the Court by Nues- sle, Verrett & Stormon of Rolla, at- tomeys for plaintiff and respond- en ney for defendant and appellant. A. G. Divet, of Fargo, amicus curiae, From Stutsman County. Charles Miller, Plaintiff and Re- spondent, v. Minneapolis, St. Paul and Sault Ste. Marie Railway fompany, Defendant and Appel- ant, Syllabus: In an action for per- sonal injuries brought under the Federal Employers’ Liabilit; it is held that negligence an imate cause were questions for the ; jury. : fusal to deliver personal property Pn a judgmen of the District Act, prox- jurt of Stutsman County, Coffey, J., defendant appeals, B. Lambert, of Minot, attor-|_ Affirmed. Opinion of the Court by Christianson, J. S. E. Ellsworth, of Jamestown, N. D., and John E, Palmer, of Min- neapolis, Minn., Attorneys for Ap- pellant, Knauf & Knauf, of Jamestown, N. D., Attorneys for Respendont. From LaMoure County. Sam G. Meske, Plaintiff and Appel- lant, v. J. A. Melicher, Defendant and Respondent Syllabus: _ Where there is an agreement of accord between the parties which is* partly but not wholly executed on the part of the defendant, plaintiff, under Section 5826, C. L. 1913, providing, “Though the parties to an accord are bound to execute it, yet it does not .ex- tinguish the obligation until it is fully executed, may either (1) sue on his original claim for any ‘bal- ance remaining after crediting therepn that which has been paid under the accord, or (2) sue on the RUSSIA NOW poeit as in the cause except depositions or copies of such as bog not in the opinion eithe court to be taken from the 7 Ahaving. them ": i ive ‘Prepdted. Especially’ for. Infants THE BISMARCK TRIBUNE , ~~~ NOTHING IN A NAME? WRONG! LOOK AT THESE VOGEL BOYS foam of accord for breach there- Appeal from the District Court of LaMoure County, Geo, M. Me- Kenna, J. Action for goods sold and deliv- cred. From a judgment for the defendant, plaintiff arty Affirmed. Opinion of the Court by Nuessle, J. John A. Jorgenson, of James. | town, attorney for plaintiff and ap- pellant. R. H. Sherman, of Kulm, attor- jney for defendant -and respondent. | From Ward County. E. H. Sinkler, Plaintiff and Re- spondent, vs. Gurly Sinkler, De- fendant and ‘Appell: - : Syllabus: (1) Where,’in a di- vorce action, the court decrees a final distribution of the estate of the parties, it is held, for reasons stated in the opinion, that the Court cannot, several years later, modi- fy such final judgment upon the application of the husband, except upon some one or more of the grounds on which ordinary judg- ments may be modified, vacated or set aside. (2)’ For reasons stated in the opinion, it is held that the trial court did not err in refusing to ad- judge the plaintiff guilty of con- tempt for failure to make periodi- cal payments to his divorced wife in conformity with the terms of the original decree of divorce. Appeal from the District Court of Ward County, Lowe, J. Defendant appeals from a judg- ment and’ order dismissing con- tempt proceedings and modifying an_ original decree of divorce. Reversed in part; affirmed in part. Opinion of the Court by John- son, J. Bronson, Ch. J., oncurs in part and dissents in part. Bosard & Twiford, Minot, N. D., and Murphy & Toner, Grand Forks, N. D., Attorneys for Appellant. Greenleaf & Wooledge and Palda & Aaker, all of Minot, N. D. torneys for Respondent. FROM STARK COUNTY Martin P.\Altman, Piaintiff and Respondent. vs. North Dakota Workmen's Com- pensation Bureau,” Defendant and Appellant. SYLLABUS: 1, The North Dakota Workmen’s Compensation Act (Chapter 162, Laws 1919) was not intended to have ex- tra-territorial effect so aa to' render the Compensation Fund liable for in. juries sustained in the course of ap employment the situs of which is without the state. 2. The injuries sustained by the plaintiff in this case issheld to have been sustained during the course of an employment the situs of which was in the State of Washington. From a judgment of the District Court of Stark County, Pugh, J. de- fendant appeals. REVERSED, | Opinion of the Court by Birdzell, J, Johnson, J. did not participate. / L. J. Wehe and Philip Elliot, Com: missioners and Attornggs for the| North Dakota Workmen’s Compensa- tion Bureau, Bismarck, N. D., and J. P. Cain,’ State’s Attorney, Dickinson, N. D., Attorneys for Appellant. T. F. Murtha, Dickinson, D., (Sullivans Hanley & Sullivan, Man- an, N. D., on oral argument) Attor- neys for Respondent. ORIGINAL The State of North Dakota ex rel Geo. F. Shafer, At- torney General and H. F. Hor- ner, State’s Attorney of Cass County, Relators. va, The District Court of the Third Judicial District in and for Ransom County, and the Hon. Geo, M. McKenna, Judge thereof, Respondents. SYLLABUS: 1. The power of the supreme court, under Section 86-of the Con- stitution, to exercise superintending control over inferior courts is not affected by the fact that the district court was acting within its jurisdic- tion. 2 Sections 10731, 10782, 10783 and 10784,°G. L, 1913, are held: to provide an exclusive procedure governing motions to dismiss. indictments, and when indictments are erroneously dis- missed upon mation, the further pro- ceedings must be as contemplated in the statute. Application for Supervisory. Writ. Writ Denied. Opinion of the Court by Birdzell, J. Johnson, J., disquali- fied, did not participate, Hon. W. J. Kneeshaw, Judge of the Second Ju- THE THREE VOGEL BOYS: BERT SPENCER, ORATOR, AND TO-BE. Brooklyn, Aug. 2.—Did you pick the right names for your children? If a boy is named after a great man will he unconsciously, emulate his namesake? A A Brooklyn couple, trusting and hopeful, didn’t want to make a mis- take so they named their boys Al- fred Tennyson, Herbert Spencer and Richard Wagner, And the children have lived up to their. names! . Or, two of them did any- way. The three were graduated with honors from the College of the City of New York at the same time. Al- fred Tennyson has become a poct and Herbert “Spencer has reduced oratory to a most exact service.. But Richard Wagner isn’t a musi- cal genius. He hag an ambition to become a doctor. But his parents think Richard may yet run true to form. He is only 14, and received his diploma in. the preparatory school of the college. Herbert is 18 and Alfred is 1 ys Alfred (springing a poem without a moment’s preparation): “Those interyiews annoy me Like the flies in summer’s heat. For my daring fails to buoy me And my courage beats retreat. When reporters to see me, Though I’m Ml at ease and gloomy Do J cry, ‘Away and leave me’? Nay,’tis rather, -‘Interview me!’” Chimes in Herbert Spencer (who “ALFRED TENNYSON, POET; HER- RICHARD WAGNER, PHYSICIAN- has won prizes for oratory): “Well put, but when in the course of hu- man events, it becomes necessary for a young man to embark upon his career, let him be wary lest Breaks in Richard Wages “Say you're both wrong. etry and oratory aren’t in it with medicine. Trouble was averted when: the parent jove into sight. Father gives mother the credit. for the children’s success; she, in turn, puts it up to father. “He named _ them. “She trained them,” he retorts. Together. “We helped our boys help themselves. We didn’t wait on them inadvisedly nor do their lessons for them. They developed because they had to dig out things for themselves. Two great fac- tors make for happiness; education and right home life. We tried to n worked. Alfred Tennyson has won many prizes for his poetry and prose, has had some published, and expects to make his living and fame writing verses when he finishes his studies. Her- bert Spencer is ‘going to Harvard to study law and young Richard Wagner expects to go to the Cor- nell’ medical school when he be- comes old enough. Oh, their family name? Vogel. : “Picked for us by our ancestors,” say the family. she says. A bedroom floor, made of blue glass with a pattern in enamel, was recenily exhibited in London. Canals to irrigate the Plain of Jordan, round the Dead Sea, are proposed. A I ADVENTURE OF THE TWINS By Olive Roberts Barton ne Pee Wees are first cousins to’ fis Little Peczers and live in Pee Wee Land, under the burdocks. One day the Fairy Queen received a letter It snid: “Dear Queen: cepateeoe and-would you please |- Ip me. vay saps have learned to ride on lightning bugs and since then] haven't had one peaceful minute. “They say ‘uneasy lies the +head| that wears a crown, and I’'lNhave | you. know, Queen, tha ¢ wear my crown day and night, Ij never gef a chance to ny my head anywhere, with all my worries. “{ never know where any of my subjects are at night. The only place I know is where they are not.. That ace is Pee Wee Land. PrUAee soon as night comes they jump on lightning bugs and ride away, the whole kaboodle of them. “And the trouble they get into is something fierce. : “Tiny Toe fell into a custard pie sitting on Mrs. Brown’s window sill to cool. And although he’s a godd | swimmer, the custard set and he did,/ too! “Wee Willie got stuck on some fly paper—or his clothes did—and the} only way his friends could save him was to peel him out of his clothes and bring him home the way he was. “Could you—would you please to Ip me? ee “Your faithful subject,” “SNOOKUMS, “King of the Pee Wees.” “Naney and Nick!” called the Fairy Queen, smiling. “It seems to me that this is a job for you and your magic magic shoes.” (To Be Continued,) _ (Copyright, 1923, NEA Service, Inc.) PARES eS TEs NS STA i ("MANDAN NEWS _| Smash New Jewett In Auto Wreck A new Jewett touring car-owned by Joe Wirtz of this city and driven by J. Reisenauer, Dickinson, was 30 com- pletely wrecked in an accident on the ‘new graded road fill beyond the court house north of the city that it will have to be rebuilt. Relsenauer, driv- ing, passed an Overland, on the grade ile running at a high rate of speed, ammed through the fence at the side Sf the road, the car turning over a couple of times in the drop of ten feet into the ditch. and then - striking against a telephone pole which was snapped off by the force of the blow. Neither of the two men in the car sustained more\than a a few minor scratches. Theodore Schneider returned’ Tues- day night from Minneapolis, where he has been with his son, Richard, who has been recovered from treatments although I} * who hag been called the hardt of the Dance,” stepg at “Idle House,” the Vander- bilt estate at Oakdale, Long Island. She studied painting, then switch- ed to dancing. Her foot is so small that she can wear a child’s shoe, size 12%. “ Adaline Rhea, young Texas girl “Bern- improvisins : and has suffered .several operations for amputations of parts of his ribs crushed in a railway accident. Mrs. Morgan Morris held a recital for a number of her piano pupils at her home at 2:30 o'clock today. Mail airplanes, flying without pilots and controlled by an electric current, are predicted. TYPEWRITELS arck Typeviriter 0. Bismarck, N. D. AA rn dicial District,: sitting in his stead. Geo. F. Shafer, gittorney, General, Bismarck, N, D, « H. F. Horner, State's Attorney of Cass County, Fargo, N. D. > Geo, ‘A. Bangs, Special . Assistant Attorney General, Grand Forks, N. D., Attorneys for Relators, Burke & Burdick, Fargo, N° D. Barnett & Richardson, Fargo, N. D. Wolfe. & Schneller, Wahpoton, D. Pierce, Tenneson, Cupler & Stam- baugh, Fargo,-N. D, W. 8. Lauder, Waiipetod, 'N. D, Attorneys for. Respondent. and at Alt Ages is it ‘ Oar Bog - Help i iy, XS s and Girls People. post’ WE MUST PUT THIS JUVENILE _ ND BENEFIT " TOUR OF ave studying hard, ‘putting in _ AUDITORIUM TUE Men’s Glee Chub of North Western College TUESDAY, AUGUST 7th a ~ Auditorium. Ti bas cert Tickets lag. hours ef practice. - nd Hear. | ‘STATES ‘