The Bismarck Tribune Newspaper, February 6, 1924, Page 2

, PAGE TWO THE: BISMARCK 1K TRIBUNE BANKER FREED | OF CHARGE Embezzlement Dismissed Accusation Is al of tJd.€. he Mo- closed, who Mohall, N an embezzlc Peter Disn president of now Bergman, Wiebe, d with purloining $106, 000 of the bank's funds, was 1 by Judge A. G. Burr in district court here following a motion to tais ef fect made by Attorney Francis Mur Phy of Minot, special prosecutor for the state rs is now serving feur year the f prison at Leavenworth, Kan., for ing the mails to defraud, a charge to which he pleaded guilty in federal court in Minot in October, 1923. The dismissal of the state charge against Peters came as a result of Amportant testimony which he gave | in civil actions, brought by the bank Bergman is serving a two year sen- | tence in the Leavenworth prison and | Ww eased after serving rm of one ran all imposed in fed court in Minot. The state charges of embezzlement | will stand inst’ Bergman and Wiebe. sta were ehaiy Pp sentence ul us- DECISION OF SUPREME FROM WARD COU Union Insurance Agency Minot, North Dakota, a poration, COURT Y of Plaintiff. vs. The North Insurance America, Company of a corporation, Defenaant, Ingorder to confer jurisdiction up- on ¢he Supreme Court tified under Chapter 2 of 1919, the question certified must pe witch that the determination of the cause in which it arises will de- pend-wholly or principally upon thé construction of the law applicable to such question. Case certified from Court of Ward County, J. Kneeshaw, J. Action by Union Insurance A of Minot against the Insurance pany of North America. At the of the plaintiff the defend moved to strike a certain from the record. Motiyn grante On application of the plaintiff, the question certified to the Supreme Court. Cause remanded to the Dist Court for further disposition cording to law Opinion of in cases cer sion Laws | the Distriet Honorable W. Com- close q uc i the Court by Nuessle, | J. | Palda & attorneys Sor ‘plaintif Fisk, Murph: torpeys for def Minot, h, of Minot, at- FROM FOSTER COUNTY O. Ee DeWalt, 2 Plaintiff-Respondent vs. Albert Heeren, Defendant-Appeilant. | SYLLABUS: | 1. In a suit upon a claim against 4 defendant who has been discharged | in bankruptey, it is held. Ga The effect of a discharge bankruptey is to suspend the right of action for the debt against the} debtor personally; the discharge does | not annul the origins! debt or liabi- lity; the remedy upon the debt and the legal, but not the moral, obiiga-| tion to pay the same is at an end. (b) The discharge, being persoral | to the bankrupt, may be waived by | him; it does not destroy the debt, but merely releases the bankrupt | from liability by removing the legal | obligation to pay the debt, leaving | the moral obligation to pay intact; such moral obligation is a sufficient | consideration to support a new! promise to pay. (ce) Where it is claimed that new promise to has been made, the plaintiff should declare on the; original promise or debt, the new promise being @ defense to a plea of _discharge. (d) Tt is not necessary laintiff to allege the t he ma: promise a proof of di 2, The ial i} al for the} new meom| se} the trial, prove such | a defense to the plea and! charge in bankrupt | objection that two, or| more, causes of action are impro- perly united in the same compiaint must be taken by demurrer or by: answer, and if not so taken, is dcem- ed waived. When a deposition is taken in| a foreign state before an officer| therein who does’not have a seal and| the same is not authenticated as pro-| vided in Section 7902, C. L, 1913, it is not error to suppress such deposi- | tion upon objection properly and; timely made. 4. ‘The granting or refusing of a/ continuance after a deposition has| been suppressed, rests largely in the | diseretion of the trial court,” For | zeasons stated in the opinion, it “is | held, that it was not an abuse of diseretion to deny a motior® Yor’n continuance. 3° 5. For reasons stated in the opin- ion, it-is held, that the testimony, tending to show that a new prothise to pay the debt was made by the de- fendant, after the bankruptcy pro- ceedings, is sufficient to justify the | peremptory instruction to the jury. and to support the verdict returned pursuant thereto, no evidence having been, introduced by the defendant. ‘Action,on a contract to recover for ee of a team of horses. from the District Comt of Bag County, North Dakota, on H. ‘offey, J. lOpinion of the Court by, Johnson, bwa ‘term of court \ this y ! present } month | Logansport vicinity | who left thi | doing | Shorthorns. id WHY THEY CALL IT “TEAPOT: DO ME,” ALSO A VIEW, OF THAT FIELD : Her the y why they district draw e now portion of the naval oil reserve w BALDWID Bill Miller of the Arnold district a visitor at the Richard Borner heme the fore part of the week. “ and from have cent Julius Meyer ve returned here they during the r H. Berger Fried Schtoed the Capital erved on the City, jury nd Mrs. ©. W. Spitzer enter tained 2 number of friends and rel: at their home last Friday even- Music and cards weresthe di- and’ a bountiful midnigot served by the hostess those present,were Mr. ana Mrs. 0 .B. OL nf family, Albin Thysell and wife and Mr. and Mrs Olaf Lundin and family versions lunch Among lil Geigle brought in his tractor for overhauling Saturday afternoon. Mr. Geigle looks for an early spring ar and wants to be ready for ed Sabot business of the Walter Spangberg and F of the Regan district were callers here the fore part nd Mrs. Carl Senultz entes- 1 number of frionds at their riday night the oceasion being Sehultz’s birthday. The even- ing was spent in social chat and sev- il games of cards were played. A lunch was served to the guests the evening. Among those was Ernest’ Baumgart, a Mrs. Schultz. ‘ nic during brother ¢ Among the students attending high at Willon, whose nameg’ ap- on the honor rotl for the past are Misses Frede, Emma and Mathilda Spitzer, the daughters ot Mr. and Mrs. Louis Spitzer of Bala- school | pear local rural mail making his daily the past week McCullough, rier, hag been trips by horse powe since his auto is out of commission.' h had for his last Sun- Eli Aaland of the Wil- Charley Sor day guest Mr. ton district. has nearly y. Quite a few of the children who have been confined to their home with sickness resumed their studies this week. : The Baldwin school v ed normi Richard Borner made a trip to the Woganspdrt vicinity last Wednesday last. Wednesday on a business mission. who lives west of here en in our midst. Bill Larson, near the river was s Friday afterngon. Herman Kickul and sons were busy putting up ice the past week at their home east of town. Mike Ryan, foreman 0, z ranch a few miles south of town is recuperating from his recent. ill- ness at the Van Horn hotel in Bis- ike has had a long siege of ving been suffering since friends of Emil Hosu last fall to as- |sume a position as’ manager of Mr. A. P. Lenhart’s ranch west of Arnold, will be interested in knowirg he is very well. Emil in partner- ship with the owner raises thorough- bred Duroc Je t small dairy herd of milking. str: He also ms a large and plans on devoting a good ‘e of this to corn the com- ing Emil former! ded on the Fritz homestead a miles from Baldwin,” The many acre \ Carl Schultz has purchased the | building on the Delzer farm south- east of Baldwin and expects to move it on his land south of town in the near future. Mr. James McRoyrhas been look- ing after the stock on the McGill | farm during-the absence of the fore- man, Mike Ryan. \ H. A. Muchler, of Wing, was. look- ing after business matters in this vi- cinity part of the week. Mra. Isabel B6rner has return from, 4 short yisit with relatives in the cabital citys Freddie _Herdebu, who attends school jn Baldwin, spent the .week- end with his folks cast of town. < 7 "Several local residengs have been complaining of bad colds the pase week. WILTON. Paul ,Brezden, local. farmer, was in town the latter part of the week. Mr. Brezden won a prize on his corn ex-~ ‘pibit, at -the cotn show which was recently held, in Bismarck. ¥aith:’ Smith,” ‘chief operator of. ie local telephone exchange, has gone to Rochest , Ming, where she |. was. called ie iflness of ‘her yy daughter, Mrs ions Alafson. |” Markus "Weten hes pureed: the'| te! Serian BOHEK n Bailding ear the A.C. Wilde; store: He plans cn doing a {lot of: improving, on, his -palrehase, has ‘notified’ th ‘tenants to” va: famous Wyoming oil field “Teapot is a panoramic s leased to private interests March Ist. purenased the . Brenton. M peute by cently of 4. Miss house for her | Misses) Margaret + Van Cleve of Gar- | Both ladies re- | homes later in tae] . Irene Kunkle had guests the Kunkle and Sadie lisen the past week. turned to their following week. who left ago will be Friends of Sidney Har this territory some time interested in knowing he is now lo-| ed at Zatagne, Mexico. Mr, Har has written friends that he likes his new home very much and plans | remaining taere, Sidney states all you have to do to raise a crep down there is ph it, and that | | it wu wonderful stock and farming | country. He would like to have some | of his Wilton friends for neighbors in his far away heme, Neils Nielson, local business man, is negotiating with a baker and ma: decide to put in a first class baker; ia the near future. Mr. Nielson own the building now oceupied by Markus Detch, who will soon move to his new lovation in the Keenan building. Miss Winnie Fly stituting ‘in change du nn the loc Mrs has ‘been sub- 1 telephone ex- Smith's absence. it deal of ment is bei A unfavorable com- ing“heard among farmers and business men alike about the closing of the Ruésell-Miller flour | mill at Bismarck. Some consider this | will lead to the beginning of the end | of state socialism, while others fear the end will not come until the st and her citizens have suf heavily. It is an accepted the closing of the Bisma along with other mills, will ir a higher prize for fuctured at the Grand Forks mill. | rest The Altar society of the Sacred! rt Catholic chureh announce they will serve supper on the first Thu day of every month in the American gion hall. The price of the supper twenty-five cents and a co jal invitation is extended the pub- lie to attend. d their ma )'Brien surpr ; tly away to Bisma by slipping adie where they took the nuptial The ceremony was performed Rey. H. C. Postlethwaite at the Pres- byterian manse, the attending wit- nesses being Miss Carrie O'Brien, ho is a sister of the groom and | Miss Lila I. Nardsley, a friend of the bride. The bride is a daughter of Mr..and Mrs.-Henry Rasche of R gan and one of the most popular members of the younger set of t! j community. The groom is the son ef Mr. and Mrs. Edward O’Brien, well known farmers of the Wilt n district. Mr. and Mrs. O’Brien left of a short honeymoon trip, after which they will return to Wilton, but later on they will go to Wyom- ing, where Mr. O’Brien is interested in the oil industry. The newlyweds hive the best wishes of a large cir- cle of friends for a prosperous and happy wedded life. vow! Miss Edna Mae Headen, local girl, who is a sophomore in the James- town college, is a member of the girls debating team whieh will rep- resent the institute in dual debates with other colleges. Miss Headen is* the daughter ‘of Rev. and Mrs. E. V. Headen of Wilton, The regular monthly program the Wilton high school litera iety was rendered last Thu evening to a fair sized audience. chool paper “Tatler Junior” 4 great deal of amusement. ber of musical numbers dered during the evening. of A num- were ren- he annual poultry show for this district will be held at, Under- {wood Tuesday and Wednesday, eb. 19th and 20th. Several farmers fi Wilten are planning on exhi- biting their choice birds at this exhi- bition. County Agent Norling will be in charge and will have a com petent judge to pass on the: poultry éxhibited. The danes which was, given by the nerican Legion in’ Woodman: halt Friday evening wzs well attended. Musie was furnished ‘by Idcal talent and the ladies of the Auxiliary serv- ed a delectable midnight lunch. Otto Anstrom returnéd: from Rus sia early last week, after being in that country for.ig period | of- two Mother! Fletcher’s Astoria’ ha’ been in use for oVer 30--years to lieve babies atid ‘children’ of ‘Cdn- stipation, Fiattleney, ‘Wind. -Colic and Diarrhea; allaying: Feverishness ‘arising’ therefom,.and, by regulating the Stomach and Bowels,, aids the Dome.” lexpert {date farm ma | with w komilly he flour manu- | jy, | country | Russia. at —-—_____ ;: Picture Here's the Teapot Dome At the right shows the peculiar view of the oil field which is nowin the limelight rock formation brought a result of thé Senate’s probe’ of the conditions under wWhicir th‘s ‘he Teapot Dome field is in central Wyoming, painly in Natrona county. WEDNESDAY, FEBRUARY 6, \ day Mrs. about by erosion, from which t t Teapot a Anstrom was employed e Friends of Soviet Russia,” tion formed to better the Russian people. The 4 h Otto was engaged was teaching farming methods, and an with tractors and all up to hinery was sent along the expedition. Otto repor' improvement in the Russian situation during the past several months, and feels sure the Russian pecnle will be able to work out their own salvation. fe deplored the spreading of so much anti-Russian propaganda, declaring this had done much harm to a people who had taken the only methods they ‘new of to rid themselves of intolerable con@i- tions. Enroute to the United States Mr. Anstrom spent some time in Nor- y and Sweden, where he visited among friends and relatives. He will yntil spring, but as yet condition of the rk in wh much 4 remain he has not decided whether he will con- tinue his work in Russia or not. Mr, Anstrom was much impressed with the vast, natural resources of the Russian which he declares has not even been tapped. He Is sure that recognition of that country mus. come sooner or later. He thinks the death of Lenine may makes some change in ‘the government affairs of J. L. Enright of Fargo came here last week to look after business af irs connected with the Waghburn Lignite, Coal company. M is sales manager for the company his district. in John ‘Ecklund ind two little ve returned totheir home at Ne, Minn., after a pleasant visit during thé past month at the Dakota hotel the guests of Mr. and Mrs. J. W. Olson. Mrs. Messrs. Milo Christiansen and J. J. Schmid left Saturday for Minne- apolis, where they will tak/ in the annual auto show. Both men are connected with the Wilton Motor les company md while at,the show will look. over the new designs _in both low and high priced motors. The Ed. Keenan family have moved } to the Kronbeck property on Bur- | leigh avenue. ' i does not agree citizens. - John Canada evidently with North Dakota Sandelin who recently returned from a three weeks visit to Canadian points is confined to his bed with a evere cold. y Mrs. .Ludwigy Michel, sustained se. vere bruises when she fell from chair on which she was standing. Her friends report her condition as some improved. a Wi m Koth, who is employed at} the Soo dock sugtained’a broken wrist when he fgll from the top of | the building. J. J. Mulroy. of Jamesto trainmaster of the Dakota division of the Northern Pacific spent the fore part of the week in the Lignite city, where he attended to business mat- ters of an ‘official nature. William Maski, who is studying at } the Great Lakes Naval training} 7 school located near Chicago, arrived} home last week on a short furlough. | Another local boy taking traiting at the same school.is: Jamés ‘Bartron, Jr. som ton. thet A number of Wilton Masons went to. Washburn’-last Monday _ night, Where they. helped initiate the -ni members of the lodge. Among those { attending from this city-were:-~ C. G. | and: Soothing Syrups — No Warcatcg! oe giving. patural je genuine assimilation ‘of Food; sleep without, eure ot be sid sige i i ? Mathy Livergood and C. W. R. \ Ho aks and Jos. Guthrie vis- in Wasaburn the fore part of | week on busine Jensen, who has been visit- | the W. Olson home for s ul months left the fore part of | the week for Carlyle, Mont., where he will visit several weeks with this | daughter, Mrs. M. A. Lund and fam- il Mr. Jensen is the father of Mrs. Olson t Mrs. Ed. Kutnert was hostess to Wilton Ladies Aid society when it ut her home Wednesday after noot. , Mrs. Jos. Maison and M Frank Burtch assisted im the enter- tuinment. the Tetierson Steiner of Bismarck, were callers in, Walton last Monday. Mr. Steine one of || the officers of the local coal company and was here on busin Mr. and Mrs. Wilton residents will be pleased to know that the colony of Wilton folks who left here last year are all do- chief} of James Bustron of Wil- {j Stoker - paper, an Simon Jahr is in the in- ¢ acting as relief agent. business matters. ie day afternoon Gn his way term as juror in district court. | Mr. 5 . Brenton ha: the grocery business, has employment on a ne ered surance busin Louis Zollar has -gone to Merri ‘ourt on the South Soo, where he is August Parent of Max, is spending he week ih Wilton, looking after Chauncey Desmond, who had been visiting in the Minot district witi elatives for the past two wecks v ited in the Lignite city last Wednes- to the Cap- spending the x tal City, where after night with relatives fe expected to | continue on his way to his home at Jamestown, Mr. Desmond was driv- ng ‘his Buick and declared the roads were in fine shape for motor- bought a new tire in Wil- he Had a bad puncture two north of town: CLEAR LAKE B. Olson returned to his, home Wednesday, after serving a L. F. Keefsr and Grenville Sel'and autoed to Steele last Thu nd spent the day attending to business matters. and Mrs. Jens Hanson and chil- dren spent last’ Thursday as the guests of their son-in-law and daughter, Mr. and Mrs. Ole Newland. Willie and choon, Mr. and Mrs. Ole Newland, and Mrs. Henry Olson, spent Thursday evening at the home of Mr. and Mrs, Adolph Hanson, M Miss Caro M week and M Hazel Nelson spent the past | Alden Nelson, Arnold Christensen, Carl and phus Lien autoed to Steele on urday and consulted a dentist. Bernice and Arthur Bjorhus re- turned to their parental, home in <a guest at the home of Mr.| ing about a month with their grand- parents, Mr. and Mrs. Livingston of Driscoll. Mrs. Nora : and Lucy ppell and Everett Chappell ;spent Saturday at the Al- bert Christensen home. p, Miss Mr. and Mrs. J. M. their guests over Satur C. A. Neweome dren of Driscoll. Mr. and Mrs. Christ Sehoon and family, Mr. and Mrs. A, G. Basson, spent Saturday~evening at the home of Mr. and Mrs. M Lein, jay and Sun- nd chil- Mrs. Jens Stenstavold was which started in a finger. Mr. and Mrs, Frank Berkvoin had their company on Su@lay Mr. Mrs. Grenville Selldnd, Donald Bertholf, tencher of Schoo No. 3, spent his ‘week- end vacation, at his parental’ home in McKenzie. Mrs. Alfred Hogstad, and urday and visited with Mr. Hogstad who is a patient Mr.“ and Mrs, their guest Miss Hazel Nelson, were Fentertained at Sunday dinner by Mr. jand Mrs. Colton. Adolph Hanson and Roy and Mrs. y; spent Sunday-until Monday a the Christ Schoon home. LR eutenae i ate Wiens who has employed, at the August Bruschwie! Colds Pain Headache Lein township on Friday after spqnd- The Best Tool For a. Big Job An axe in the hands of a crazy man is a serious menace yet we do not condemn the axe for its wild or foolish application. Advertising can be—has been—-sometimes misused. Like all great forces, it must be intelligently planned and directed. In the big job of revivirig American busi- Ness, advertising is the best tool that money can buy. Let’s use it — boldly and well! Published by The Bismarck Tribune, in’ co-operation with The American Association of Advertising Agencies Catherine | local’ hospital at Bismarck, on suffering from blood poison, and daugh- ter Ruby, autoed to Bismarck on Sat- loca hospital. Alden Nelson’ and | been Neuralgia Toothache Neluritis Enjoy Eating | Y ii ! or Stop Sour Risings, Stuart’s Dys Make Your ach Comfortabl y's battle wit complexitic trouble +b, He wants to nv brings it on. ular meal of bus man invites out food. but merely eat his re; to sia T bette the blets he sleep better 1 time, if he Jigestio mach the 4 it swect, siness, digest me: food for nourishme valuable aid to those wh and need ‘the vital elemgnts ¢ food. Get a 60-cent bo& of St Dyspepsia Tablet: ny nd fort yours he bi the business world. urt's: druggist att 1 —— SS home departed Monday by. the way of Sterling and Linton for fier home in South Dakota. Miss Violet ay night | Nora Olson. | ae Mrs. Frank Shoffer returned 1] Friday from a weeks visit with t | it Steel | The largest tor yet made Niagara. It will wei chmidkunz spent ith her school-mate, on el gene! tailed n 700 tons. | SAY ‘‘BAYER” when-you buy- Goring Proved safe by millions and prescribed by physicians for Lumbago Rheumatism Accept only “Bayer” package which contains proven directions. Handy “Bayer” boxes of 12 tablets Also bottles of 24 aud 100—Drugzists. | Aspirin is the trade mark of Bayer Manufacture of Monoaceticacidester of Salicylicacid