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) P.)—A resolution to make the birth- _ gountry to play the game, square.” PAGE SIX T | American League —_ yesterday | sweeping victorics on western tlefields. At the same time the lock step formation in the National I4 ra continued with the Dodger treading dpon the sliding heels of the Giants. 2 The Tigers virtually saw their | pennant hopes blasted by Philadel- phia, the Athletics winning the third straight from the struggling Bengals. Brooklyn improved its pennant chances by winning two games from St. Louis, while the Giants — split even with the Cincinnati Reds. The Dodg now trail the Giants halt r Pittsburgh, fighting frantically to keep in the race, lost ground when forced to split with the Phillies. Bismarck high school’s 1924 foot. | BAD WEATHER ball team will make its bow Sat- urday afternoon on the local grid- | iron, the team meeting the Linton | high school cleven. The game, which will be called at | 330 p. m., will give local fans a| LINTON OPENS 1924GRIDIRON PLAY IN CITY Brings a Heavy Team to Bat- tle Light and Inexperienced Bismarck Team the hat BETItoR is | beneing a| Wheat Stronger at Opening} heavy team, well coached, and | in Chicago hopes to beat the light and ine: perienced team that will go on the} — field representing Bismarck. | Chicago, Sept, 19—(By the A. P.) With only three regulars of the |--Bad weather in Canada, sing 1923 squad around which to build | delays to threshing and to the crop | a winning team this fall, Coach | movement, led to higher prices f Morrison of Bismarck high is, wheat today. Upturns in “at bringing to bear all the coaching | and reports emphasizing scar- experience and tricks cf the game sin pe, tended al- he learned a star at the Towa } so to lift v: The opening, which | State College at Ames in trying to} varied from unchanged figures to 1-4) form a winning combination. The j cent lower, with December $1.32 7-8 local team probably will depend! to $1 1-4, and May $1.39 1-4 to; largely on the line smashing abil- | 3-8, was followed by a moderate gen-j} ity of their hard hitting backfield. | eral setback and then by game is expected to! well above yesterday's finish. tryout for various com-| Subsequently buying on the part of |export houses proved sufficient to s and McGettigan are at} off-set hedging sales. The el pr showing up best at full] firm, me as yesterday's back, with Olson, F. and G. Land-} ish nts higher, D. ers, Rosson, Lofthouse and Lar: f 4 to 7-8 and May $1.3! trying hard for regular halfba positions. Haas and Boelter showing up wel! at quarterb: In the lin Bender, Ander: Russell working in tac! with LeRoy, Felsom, Flahe AE LIVESTOCK Sept. Hog 16 Mostly 10 cents lowe: y, and r Hillman, Ben- Sand t gu Sattle receipts 3,090 Petal der and Nicoli ar cout for the cen-| o¢rrine Iomat eres weiehty ‘kind ter position. Shepard, Register ligne: denizab lei oftacivnes and Erickson are changing Oeeeh, | Prac off with |} Brown and Fitch at end. pales ofr valuce morsel atest Sheep receipts 20,000. Slow, few early fat lambs around 25 cents Bulk fat natives $12.50 to CHICAGO PRODU AMERICAN ASSOCIATION Ww. 36 L. Milwaukee Toledo Minnexpolis 1 to 1-2 cent: eggs unchanged. Re- Columbus es. Poultry aliys, Kansas City ...... to 24 cents. Springs 0 cents, NATIONAL LEAGUE L. ST. PAUL LIVESTOCK So. St. Paul, Sept. 19.—(U. S. Dept. Agr.)—Cattle receipts 1,500, Gener- ly steady. Run largely grassers. Few dry-fed steers early $9.00 to Bulk grassers $5.00 to $6.50. she-stock $3. $5.50. Can- ners and cutters logna bulls $3. and feeders slow j lots Canadian 00, New York Brooklyn Pittsburgh Cincinnati St. Louis Philadelphia Boston 5. Bulk $4.00 to Run includes around 10 loads Washington dian offerings on the butcher New York ... order. Nothing done on beeves ear- Detroit ‘alves receipts 1,000. Fully St. Louis Best lights $9.00 to $9.: Bulk nearer top figure. Hog receipts 3,000, Slow. Desir- able grades 5 to 10 cents lower, Pack. ing sows 10 to 15 cents lower. Feed- er pigs steady. Bulk better grades 160 to 275-pound averages $9.50. Top to shippers $9.60. Packing sows largely $8.25 to $8.50. Bulk feeder pigs $8.00. eep receipts 1,000, Fat lambs 25 lower., Butter fat natives Untrimmed kind $11.25, Culls Philadelphia Cleveland Chicago Boston Brooklyn Chicago 4-1; Boston AMERICAN LEAGU Daas $8.00 to $8.50. Sheep steady, best New York 2 s s 1. jlight and handyweight fat ewes to Washington 9; Cleveland packers $6.00. Breeding ewes most- Philadelphia Detroit : ly $6.00 to Boston 3; Chi ; aareeee | MINNEAPOLIS FLOUR AMERICAN ASSOCIATION =| Minneapolis, Sept. 19—Flour un- Columbus : 2 : Bi : A changed, Shipments 42,727 barrels. Toledo 7; Minneapolis Bran $2400 ne AA eee Indianapolis 15-5; Kansas City 2-0. eteatess MINNEAPOLIS GRAIN Louisville 8; Milwau' amg ae Sea Minneapolis, Sept. 19—Wheat re- ceipts 398 cars compared with 381 cars a year ago. Ca: No. 1 northern $1.31 1-8 to $1. 8; No, 1 dark northern spring choice to fancy, $1.423-8 to $1.483-8; good toe choice $1.363-8 to $1.41 3-8; ordinary to good $1.33 3-8 to $1.35- 3-8; No. 1 hard spring $1.35 3-8 to $1.45 3-8; No. 1 dark hard Mon- tana on track $1.25 3-8 to $1.35 3-8; to arrive $1.243-8 September $1.29 5-8; $1.32 1-2; new December $1.32 3-8; May $1.38 1-8. Corn No. 3 yellow, $1:12 to 1-2; W. JOHNSON) Woman Member of Congress} Makes. Proposal Washington, Sept. 19.—(By the A. day Nalter Johnson a legal holi- day in the District of Columbia, iz app! n of his services as Seatapton's pitching mainstay for the past 18 seasons, will be introduc- ed atr#he next session of Congress by Rep. Mae Nolan of California if the Washington team wins the Amer- barley 72 to 83 cents; rye No. 2, 973-4 to 981-4; flax No. 1 $2,26 to $2.27. BISMARCK GRAIN (Farnished by Russell-Miller Co.) Bismarck, Sept. 19 No. 1 dark northern i : t th ld $1.19 aa = Wengen’ end’ the “yee No. 1 northern spring 1.14 i forwarding today a donation to Nos : amber durum 1 a local committee sponsoring a tes-| No. 1 mixed durum 1,04 timonial to the veteran pitcher, Mrs. Nolan, who is the only woman mem- ber of the house, said “the outstand- ing hero of our national pastime should be thus honored as a con- stant reminder to the youth of the No. 1 red durum No. 1 flax ... a No. 2 flax Spelt, per cwt. Shell Corn i Yellow No. 2, 56 lbs. or more $ .95 - 94 SENATORS AND 5 No. 3, 55 Ibs. 4 ANKEES WIN & Dark hard winter bs : Hard winter - | 1 cent per Maintain Position at Top of | 65 1b. kar corn & cents under shell. _ ‘The. League. . ‘AL RIBBONS 6 : Metal ors. preferably in gift, New York, ‘ ;—Washington| are very decorative trimming for and ined their pre-| the smart velvet hats..shat. ee poke peak of the skuped, ‘ 4 shor & lew Yor! D cr bolus oh, one| HELPS PRICE’ rise to} gate the sum of was | cial Atkinson, ;| prepare all of the ne specific to perform all’ef the necessary en- gineering work, it struction of said water works sys- tem, or pertaining thereto. cheese | § Bo-| g '{ cure the | oats No. 3 white, 451-8 to 3-8;|Oc! 1923, and after the said T. R. At- kinson had entered formance of his official connection 9 to|Sinecring work for the constructien| have pecul of said water works system for saidj mation in City, and after the s: gineer had performed a large part of therewith, and had drawn plans and specifications, and had made es mates of cost in connection with, and had been paid in full there- for, the connection with THE BISMARCK TRIBUNE VALIDITY OF WATER BONUS TO BE TESTED (Continued from page one.) water main and water works Dis- trict No. 1, in said City and at said time did also pass, approve and adopt a resolution instructing the def ant, T, R. Atkinson, as City Engin of said Ci ions and estimates of probable! cost for the construction of a water works system in ter ter warks District N City, such plan estimates of probable cost to pro- vide for the construction of a ‘filtra-} tion plant building, mechanical filter | equipment, pumping plant, reservoirs | a complete cast iron distribution | tem, such water works system to} be so designed as to provide the citi-| zens of said City with an adequate supply of pure water at a mimimum| cost per one thousand gallons and to} further provide ample fire protec-| tion, “That immediately thereafter the] int, T. R. Atkinson, as} ngineer, did furnish to ain plans, specific tions and estimates of probable cost} for the construction of a water wor! system as above set forth, and said plans were duly approved and adopt- ed by said Board of City Commis- sioners, “That thereafter said City of Bis- marck, North Dakota, acting by and. through its said Board of City Com- missioners, did advertise for bids for said work and did award contracts to arious parties therefor, and did cause said water works tem to be constructed in accor ce with said plans and fications, and — that the actual Cost of construction of said water works spe His Official Duty “That it became and duty of the the offi- TOR: ssary plans, tons, estimates of cost, and d about the con- “That on the first of June lay upon the per- duties in with the necessary en- id City En- his said duties in connection there- id T. R. Atkinson did re- orm his legal duties in his office as said City Engineer until and unless furth- r and additional compensation was made, or agreed to be made, by said City to him in payment therefor, and that at the time the said T. R. At- kinson so refused to perform his of- ficial duties in connection with his said office, it was inexpedient and difficult for the Board of City Com- missioners to secure the services of any other engineer for said work for the reason that the said T. R, Atkin- son was at said time duly appointed, qualified and acting City Engineer, d City Commissioners had power or authority to se- s of another engineer while the said T, R, Atkinson occu- pied said office and that it would have j Si tious fuse to pe great public necessity, had they un- -}dertaken to remove the said T. R. Atkinson from his said office and, therefore, they did, in attempting to avoid the aforesaid expense and de- lay, purport to agree by resolution adopted June Ist, 1923, to pay to said T, R. Atkinson further, additional and excessive sums of money out of the funds of the said City of B marck, to-wit: 5 per cent on the ac- tual construction cost for said pur- pose, and the said T. R. Atkinson thereafter did file with the ¢ Au- ditor of said C nd present to the Board of Commissioners of said City certain alleged vouchers and claims by him against said City for his en- gineering se nnection with the construction of said water works tem, for the aggregate sum of 7 and that the said A. P. , C. W. Henzler, John French nd John Larson, as members of, and stituting the President and the majority of the Board of Commis- ioners of said City, did, between the first day of June, 1921 and the 5th day of August 1924, knowingly, wil- fully, deliberately and wrongfully; audit, approve and aliow said ciaims, at the times and for the amounts as follows: Payments Made to Atkinson Warrants umber Date Ants. $2,000.00 3] 1921 June 1 .......14,663 1923 44. .19,353 +++ 19,461 ‘ 19,462 Dec. 4 ........19,731 19,732 1924 ie Jan. 4 + 20,015 Jan. 29 + 20,106 Mar. 22 20,202 Mar. 29 20,247 20,248 20,249 2,000.00 *) 5,150.00 + - $24,321.17 t'that the warrants of the said City of Bis- marek, North ;Dakota, for said various sums and amounts; ‘aggre- gating said sum of $25,32147 be executed, issued and delivered by said City to the. gaid T. R. Atkin- on as said City - Engineer ‘in’ pay- ment therefor, and that on or about the dates when said City warrants were executed, issued and deliver- ed to the said defendant, T. R. At- kinson, as said City Engineer, the said defendant, “T. R. Atkinson, did receive and eccept said warrants and each of them, save and except one war- rant for the sum of $500.00 which , to prepare plans, speci-{his own private purposes. |included in the unlawful payments, |City of Bismarck, for which there |sum of $7,950.00, the property of and did immediately thereafter present the same to the !Treasurer cf the City of Bis- mack, North Dakota, for pay- ment and did cash the same and of Bismarck in the aggregate:sum |and amount of $24,821.17 therefor, {and that the said T. R. Atkinson, i time has, and still retain and use said money for Unlawful Payments “Plaintiffs further allege that, made as aforesaid, pursuant to said illegal agreement or resolution, the said T. R. Atkinson has been paid by the said City of Bismarck, acting by and through its said joard of Commissioners, for and on account of said services ‘as aforesaid, the sum of $7,950.00, the money and property of the said was no consideration or agreement whatsoever, and that said payment was unreasonable, unjust, unlaw- ful and constituted a gift or dona- tion of the City’s funds and prop- erty, to the said T. R. Atkinson, and that the said T. R. Atkinson sull retains said sum and has not repaid the same to said City. That id payments aggregating the the said City of Bismarck, North was retained by the City Auditor,| receive the money of the said City | voucher or claims in payment of pwhich said warrant was so issued, as aforesaid, was never pres' to said auditing committee, prior to its consideration and allow- ance by the Board of Commission- ioners of said City, or at any time, and that the members of said a iting committee had no cfficial knowledge of the'existence of said claim prior to its consideration and allowance by the Board of City Commissioners, and that this plain- tiff had no knowledge of any of said transactions prior to the pay- ment of id warrant and no op- portunity to restrain or enjoin the payment of the same. . “That by reason of the premises, the City of Bismarck has been damaged in the sum of $7,950.00, no part of which has ever been paid, and that this plaintiff, as a resident and taxpayer of said City of Bismarck, together with all others similarly situated, will be required and compelled to :pay said amount to said City in the form of taxes, unless said defend- ants are required to‘ disgorge and reimburse said City for said’ sum and that plaintiff has no plain, speedy and adequate remedy in the ordinary course of law, and will suffer great and irreparable damage and injury unless ‘said City is reimbursed as aforesaid. “That by reason of the premises S Dakota, to the defendant, T. R. Atkinson, as aforesaid, were in e: cess of, and in addition to, the fix- ed salary of the said T. R. Atkin- mn, as said City Engineer, and also in excess of, and in addition to, the 5% on the actual cost of construction, under the terms and provisions of ithe agreement or resolution of the City Commission of said City, passed and adopted on the first day of June, 1923, and were payments in violation of the duty and trust of the members of City Commission and were a misappropriation and dissipation of the property and money of the City of Bismarck, North Dakota. Duty Outlined “That by reason of the fact that the defendant, T. R. Atkinson was, during all of the tifmes mentioned in plaintiff's Complaint, charged with the duties pertaining to the office of City Engineer of said City of Bismarck, and that it was se, in a profession- Bismarck, Ncrth Dakota, as to the actual cost of all construction work and the said T. R. Atkinson did ry knowledge and infor- regard to the cost of said .construction work, and the members. of the Board of Commis- peculiar knowledge or information in regard to the cost of said con- struction and engineering work, the said T. R. Atkinson. did occupy | a confidential and fiduciary rela-j tionship.to the said Board of City x jioners and to the taxpay- ers of said , and it begamé"and was his legal duty to see that alf of the said City used for construction purposes were expend- ed economically and efficiently and! that the cost.cf such construction, be made as cheaply. as possible, commensurate with efficiency, and plaintiff’s allege that by the afore- id illegal agreement to pay the id T, R. Atkinson the sum of 5% of the cost of all construction work in connection with said water works system, there arose a con- flict cf interest, detrimental to the public service and to the City of Bismarck, and the tax payers thereof, in that it became and was more beneficial and profitable to the said T. R. Atkinson to see that the City spent large sums of money! in such construction work, and that’ such conflict of interest is and was unbecoming in a public official,’ and that any agreement resulting in such conflict cf interest against public policy and void, and any moneys paid pursuant to said agreement are paid without con- sideration, contrary to public! policy and constitute an unlawful use of the public funds of the said City of Bismarck, i “That prior to the 5th day of| August 1924, by a resolution duly passed and adopted by the Board of Commissioners of said City, a committee was created whose duty ‘as to audit all claims for ma- » or service furnished said City, and all claims for materials or service were required to be sub- mitted to said committee for audit before the same was considered or allowed by the said Board of Com- missioners and that at said time H. A. Thompson was a member and chairman of said_ committee, and John Larson and John French were the other members thereof. Out of Business Hours “That notwithstanding the me- thcds and procedure so adopted by the Board of Commissioners in auditing and allowing or disallow- ing claims against said City, as above set forth, and notwithstand- ing the fact that said T. R. Atkin- son had been paid his full salary as City Engineer, and also 5% on the actual construction cost of said water works system, the defendant, T. R. Atkinson, did, om the 5th day of August 1924, and after the usual hours of business, present, or cause to be presented, to the Board of Commissioners of said City his pretended voucher and ¢laim against the said City for the additional sum of $7,950.00, less $2,800.00 previously paid to him by said City, for and on account of his said- services for said City as such engineer, in connection with the construction of said water was duly considered, approved and sioners of said City, after busi- ness hours, on said date, and a warrant cf said City was by said Board of _ Commissioners’ order drawn, executed and delivered to the said T. R. Atkinson for said pursuant to said order, duly issued and delivered to said T, R. Atkin- son by the City Auditor for said sum, less the sum of $500.00 re- tained by said City Auditor, either on the evening cf August 5th, 1924, after. business hours, morning of August 6th, 1924, and that said warrant was presented ‘to the iy Treasurer and cashed. by the said T.:R. Atkinson on’ the morning, of August 6th, 1924, im- mediately upon the opening of the banks of said City, the alleged sioners of said City did not have as “Beard of Trade of this a Lee Hyde, of Pierre, S. D., is! 5 works system, and that said claim |] allowed by said board of Commis- |] amount, and that a warrant was |4 or-on the|j afcresaid, it would. be futile and serve no useful purpose to request or to demand of the City of Bis- marck, North Dakota, that it com- mence and maintain an appropriate action for the recovery of said property and funds so misapprop- riated and dissipated. “WHEREFORE, plaintiff de- mands judgment against the de- ffendants, hn Lardon, John French, W. Henzler, A. P. Len- hart, and T. R. Atkinson for the sum of $7,950.00, together with the interest thereon at the rate of 6% per annum from the 6th day of August 1924, for the use and bene- fit of the City of Bismarck, North Dakota, and that said sum when re- | covered be paid to the Treasurer of ‘said City of Bismarck, North Dakota; for costs of suit and ail further nec ‘y proper relief. “Dated at Bismarck, September, 18, 1924.” CRUM & CRUM Attorney for Plaintiff, Webb Block, Bismarck, North Dakota, NORTH, SOUTH MOTOR ROUTE : IS PLANNED Sask, Sept. 19—The first international motor highway to cross the border into the Central Canadian Prairies, will be the North and South Pike, popularly known as the Kan- ja to Kansas route. As the result gf negotiations that have been in Progress for some time between the City and ce) General Manager of the Pike, it h heen decided*tg continue the mark- iz of. the Highway, from Portal, N. t, to Rekina, o distance of some ‘two hundred miles, ‘this year. The route will be carried further North as far as Prince Albert in time for the opening of next year’s tourist season, The completion of this marking next year, will give a direct North and South Highway from the Staté | How much should a good hat cost? Five dollars (not seven) answers the question and gets you the ‘best hat. Stéinach’ ‘Trouble, Rhéumist Mal-Nutrition, Sleeplesuziess, r | chew: of Kansas, across Nebraska, South Dakota, North Dakota, to the north- ern limits of population in Saskat- an, some thirteen hundred miles, ing Transcontinental Highw and furnishing easy acces ican Motorists of the the great prairie pleasure haunts of Canada. Regina Board of Trade has ently opened up a new route from this City to Terry, Montana, where connection cros The rei stone to the the Tow of ational Par! SALE OF LA} NOTICE IS HEREBY GIV under authority of un Order of Sale granted asch, Judge of the County Court o ‘ounty of Kidder, in the St of North Dakota, dated the 16th day of September, A. signed, the Adm tate of Joseph Fockler, late of the ip of Baker idder and State of North Da- kota, deceased, will sell at. Pri sale'to the highest bidder, for cash, by The North h quarter east quarter of the North east quar- ter (SEM, (N4%. Trousers | with pockets that never sag open or | twist and are absolutely rip - proof. Every fabrie and every style for work, business, and dress. Dollar for dollar, we guarantee them to be su- perior to any trouser made. The last word in trouser perfection. FRIDAY, SEPTEMBER 19, 1924 ™ the South east quarter ), of section Twelve (12) n Township One hundred and thirty seven (137) North, of Range Seventy Five (75) West of the Fifth Principal Meridian, in Burleigh county, North Dakota. The sale will be made on or after the 14th day of October, A. D. 1924. All bids must be in writing, and may be left at the Emmons County State bank in the village“of Brad- dock, North Dakota, or filed with the Judge of said County Court of Kidder County, ‘or delivered to the undersigned personally, Dated September 16th, A. D. 1924, L. M. Doerschlag, oo eau Ee ine ae estate ‘ of Joseph Fockler, deceased. ae (9-19-26—10-3-10) quarter of (NEM, SEM American en route, for Amer- . A, into the principal the last game the Casselton posing team. eq at 2p. m exceptionally s made with the Yellow- ving an air line road , That Phone 461. PIMPLES VANISH Peterson’s Ointment “Why fool with ordinary reme- a Peterson, “when the ing power of Peterson's Ointment causes pimples, rashesy and rough itching. skin to promptly disappear.” Used for eczema, old sores, piles, sore feet and chafing. the Honorable A. Bay- te . 1924, the under- trator of the es- in the County te Wanted “Six men to work with threshing machine. In: quire at City National Bank. If of the NEM“ ), North east the South NE% and the North east PATENTED : Tires, Width, Automatic Body, Pressure Adjustable Low Price Quality — Service — Economy F M. B. ——Open Evenings—— THE WASHBURN LIGNITE COAL CO. Miners of the famous Wilton Coal. It Does Not Clinker - BROTHERS | Motor ° Cars Wheel Base, Motor size, Frame depth, Frame Thickness, Springs—rear, Springs—front, | Brake drums:— Diameter, Fuel Capacity, All with Baked Enamel F Insurance—Fire & Theft:— Open cars, Closed cars, Positive Pump Cooling. 7 Plate Multi Re-Enforced Rear Wheels. New Beanty Old Dependability. Grove Plays Casselton Team The prison baseball team will play of the present baseball season at the prison Sunday, with “All Stars” as the op- The game will be call- weather permitting. ‘The Grove team, which has had an fine season, is out to win the last game. Have your windows and doors fitted with National Double Seal Weather Strips. Richard 0. Sloan. DR. R. §. ENGE Chiropractor < Consultation Free Lucas Blk. Bismarck, N. D. subject to confirmation by the ‘Ady. —_———_o__—_- Judge said County Court, the following described land, to-wit: ODGE 116 inches. S82x4 Non-Skid. 4 3 7/8x44 or 212 Cubic Inches. 6 inches. inches. 55 inches, 37 inches. 24% inches, 14 Inches. Brake Equalizers. 1S gallons. e inish. $1.25. $1.02. ple Dise Clutch, reasing System. Transmission Lock. Stop Light. Windshield Wiper. Head Lamps. Service Parts with complete Bismarck stock. Special Mechanies. Service for only Dodge Broth- ers car Owners, 2 Car Prices, F.0.B. Bismarck :— g rr Roadster, $1020.00 ¢ N ‘Touring, 1055.00 o Gwe | Coupe, 1220.00 2 = | Sedan 1410.00 lew Comfort— GitmMan Co 212 MAIN STREET ISMARCK PHONE BoB a pe If you have ‘had trouble with lignite clinkering try ‘WILTON LIGNITE.- You will be surprised at its free- dom from clinkers. Comes from the oldest and best equipped lignite mine in the state. There is a difference in lignite. For best results burn WILTON LIGNITE. Order Winter Coal at present low prices the saving will help buy a new Overcoat this:Fall. ___WE MINE AND SELL OUR OWN COAL____- Lignite Coal Phone 458 Co. Wrabote Pe