The Bismarck Tribune Newspaper, December 23, 1924, Page 6

PAGE SIX ~ ports! LEROY TO FACE TOUGH BATTLE WITH COOGAN: Will Take on Easterner, Rated as One of Best Among the Lightweights than a new inicurist. all the |rumer entitle wrbett has tak j h amething else to talk ust 21 years old, has had | des the solar plexa 1 has never been knock three close | aten these] A winter tourist going to Florida added | ov busines Ir ure Jer worder Wk represe 1 four-let Pet role meet the | Eddie Root of Rochester, Minn, | hoxed such boys as AL V an | tobby Ward, Johnny Noye, | hneider Bros. dackie Conway, Eddie DeBeau and is! Schneider Brothers bowling team known as one of the boys in the | defeated the O. H. Will and Compa game at his weight. This bout is] team on the Bismarek alley cheduled for 8 rounds but the wise | night. ‘The scor ones predicting. a knock-out. in- | OL HW, Will & Co. ide that time, They point out) Christensen 171 that both boys are hard punchers of | 1, Schubert the give and take order and that] 1, Klein both cannot survive ies aiinmel PINCH HITTER oral WHO STARRED GETS RELEASE Wade r, who made two dou- bles und a single in four trips to the plate for Washington in the | closing month of e, didn’t | tarry long in the It seems Lefler t but that lets him out. Uy ceiving $1000 from the Washington players for the three pinch hits he contributed, he expressed much disgust, saying he expected a full share. ut would h made the price base bh $2000 each To ents, he f isler’s First take the floor, j Experience As eG ile Ste football team. Trader Costly! itt immesi | proceed to tell igree, that it much OF cour Walsh Pitcher Shocker. e Dam ler gave four play- | will and Wright, | 1 you take Cateher Billings and Outfielder | Spring Durst, to Los Angeles for the bat tery of I it his of yons {that the reat piteh. show big | @ . while a good | Walsh Sr. i 8 major league| Will star on the diamond, bu his football ability h Knute Rockne has young Mr, Wa prospec Root comes back to Cubs at a a flop from a as made nore Santa € e Chicago y price. The deal was . Louis standpoint. | tdmitte ler more careful. |# very fin ff for hi | livan’s son is also at Notre | 1S n r “The Nut it Cracker (laastn oe Ww va t Mr Gina, y knuckler, has thrown away his wood en musket and bought a longrange | ed out by t the majors. True, the | visitors, but there is no get now on he threatens to be one part | wild and three parts wild | from the fact that they play real football out there when the F Southern Californ turned an ankle. It was a ve feat by eve gesture and won him many ed by the breaks, is the first 19 friends, numb nong whom were y of the cos NO promoters ing him MORE busin Carpentier proof of “The next time I let a gi growls the reborn battler, after I have knocked him down. I'll let him until his seconds drag | pla him out.’ {a great team that day, yan lh Gibbons has quit smiling and gone | di maa it, in for snarling on a serious seale.! game of is taking a correspondence course | College. in “Advanced Phases of Brutalit and reads such lite Fine i nst Boston he | coast games will give the footbal world the dope on that section. The Minnesota Mick tried out his Defensively and they went over bigger than i purple adjective in an Avery Hop wood sex drama. oo ee LITTLE JOE The kid took a left hook on the sideburns and curled up on the can- | vas like a mildewed doughnut in| ANYBODY FROM HEARING AN menone. ae | INVITATION TO LUNCH Instead of breaking down and sob. | hing at the spectacle of a man in | distress, as he usually does, Mr. T. Gibbons walked over to the ropes and asked the boys to please page | Jack Dempsey, and make it snappy. Ringside worshipers didn’t know | whether Gibbons had taken an over- dose of horizontals or had just gone plain sappy. The spectacle was rarer than a side show without a shoulder shaker. | All the Thumping Turk has ever needed to bo a headliner on the Tin should up golf and | Team Is Victor| tee 68 | outstanding southpa al “ese | DECISIONS OF 1 to mention | | Strangely enough is more anxious |abling the defendant bank to. violate I" 5 fe 1913, prohibiting any state bank- a coincidence that Billy Sul-| "Toonceal sue t ving college if cannon, | Whenever eastern or western Sree {team is defe an intersection: The St. Paul harp used to be game on the Pacifie coast, the cli as Sunday school punch, but i is a favorite alibi, mate does slow up the} ing | 's decisive de- | though favor- 4 rt a good team but a great one. However, it | Judge. representative of eastern | Md like seemed to world of material. As I un- ed its best n The result of the three remaining 1 acuse played good new groceries on Kid Norfolk in|football this year but appeared to Madison Square Garden recently |jack a scoring x punch. McBride's | SYLLABUS J , ae _—________4 EAR MUFFS.NEVER PREVENTEC WILL BATTLE JANUARY FIRST bout saved the year Connie Mack is banking on “Lefty” southpaw, purchased ve, to make his club a pennant contender, © were just a trifle sh? on pitching strength list season,” was * way Mack put it to me at the ‘A club must have one ‘or more s to get any- | where these days. There isn’t a club in the American League that likes left-handed pitching, “He h looks if he had ar- jrived and the experts tell me that Gro’ a certainty. Such being the case I will be able to show the other clubs two classy southpaws next season. the sever: Vehat wer al weaknesses in | apparent jrire ready to. make trouble. “Groves is a better southpaw right now that Babe “Ruth ever is ck Dunn, who -developed izes up Mack's new piteh- Jer. p is sure to win 15 games. I jlook for him to take down 20 and | the a chanee he will win 2 1</opines Mr. Jack Dunn of Baltimore he club son and UPREME COURT rom Dickey County corpor: lent, vs. corporation, nt. and Resp Bank, 1. Bviden amined and held jnot to support the finding of the ° varsity. [trian court that the contractual re- n out of which this action arose |was one innocently entered into by he parties fob) th © of bor- rowing and lending y busi- ness ction, but that on the it was an arrangement en- into the purpose of en- ral | contrar: tere [the prov of sions tion 5172, C. ne as i ation from making e loans, that is, lo: al in exce 1 XCOBS ny one in- of 15 per cent nd surplus, and t Istate banking authorities. % A contract into be- 1 two banking ussociations for purpose of enabling one of them loans in ion of ind to conceal the fact of such violations from the state banking authorities, is illegal and jcontrary to publi policy. . Where suit is brought by one jof the parties to such contract uinst_ the other on account of es paid under the terms there- . both are equally guilty and the m law will give neither relief but will] 3 leave the parties where it finds them. Appeal from the District Court of Dickey County, Hon. Chas, E. Wolfe, F. J. Grah |Divet, Holt, go, Attorney ‘Appellant. WwW. S m, of Ellendale, and ame & Thorp, of Far- for Defendant and Lauder, of Wahpeton, and E neys for Plaintiff and Respondent. From Richland County The J. R. Watkins Company, a cor- poration, Plaintiff-Respondent, vs. M. D. Keeney, et al, Defendants-Ap- | pellants. 1, Fraud practiced by the. princi- a party, does not, a rule, affect the liability of the surety to the cre- ditor. A person who delivers an in- jstrument with blanks therein which are afterwards filled in an unau- thorized. manner, may, nevertheless, faith reliance thereon, third persons have justifiably acted in such a‘way as to be prejudiced if the instru- ment be held invalid. If one signs a surety bond con- aining blanks, he must be under- stood to intrust it to the principal, to whom he delivers it, to be filled properly. Delivery of the bond with the amount of indebtednees~due- the creditor from the principal in blank. although such indebtedness is, in [seneral terms, assumed or guaran-} “I feel that we have plugged up} violations from the| Opinion of the court by Nuessle,| Cassels of Ellendale, Attor-! al upon the surety, to which the} creditor or his agent is in no sense|{ be bound thereby when, in a good} teed by the sureties, does not, by implication, in the absence of ex- {press authorization, confer authority fon the creditor to fill such blank jand thereby }an account stated as between the creditor and the sureties. 4, Held, under the facts and for ;veasons stated, that the filling of |blanks in a surety bond by the cred- ‘tor, when not expressly or impliedly ‘authorized, so as to contain the} amount of the existing indebtedness, ; ‘owing by the principal to the cre- ditor, constitutes a material alter- | jation and avoids the instrument. | Appeal from District Court of ‘Richland County, North Dakota, | Hon, Chas. E. Wolfe, J. | Opinion of the Court by Johnson, | Reversed und New Trial Ordered. | Purcell & Slattery, and Lauder & uder, Wahpeton, North Dakota, ttorneys for Appellan’ Dan R. Jones, Esq. Wahpeton, N. il). Tawney, Smith & Tawney, Wi- jnona, Minn., and Lawrence, Murphy i& Nilles, Fargo, N. D., Attorneys | |for Respondent. i From LaMoure County Village of Marion, LaMoure Coun- kota, a municipal cor- ff-Respondent, vs. | Finch Lumber Company, 2 cor- |poration, Defendant-Appellant. | SYLLABUS Where a statute concerning a vil- lage election provides that inspect-f ors shall make a certified statement of persons elected as village offi- jeials and file the same with the county auditor, and that no ordi- jnance of any board of trustees chos- ‘en at such election shall be valid funtil the provisions of the section [are substantially complied with, and, |. Where, in a village election, the clerk of the board of trustees made such certified statement instead of tie inspectors, It is held, for reasons stated in the opinion; (a) That the certificate of elec- \tion as made and filed by the vil- lage clerk was a substantial com- pliance with the law. In District Court, LaMoure Coun- ty, Wolfe, J. Action to restrain re- moval of certain {frame buildings in violation of a village ordinance. Defendant has appealed from the judgment and demands a trial de novo. , Affirmed. Opinion of the: Court by Bronson, Ch. J. Birdzell, J., dissents. Hutchinson & Lynch, LaMoure, N. D., Divet, Holt, Frame & Thorp, Fargo, N. D., Attorneys for Defend- ant-Appellant. M. Warren, LaMoure, N. D., Lawrence, Murphy & Nilles, Fargo, D,, Attorneys for Plaintiff-Re- spondent, From Ward County A. H. Hale, Plaintiff and Respond. ent, vs. City of Minot, et al, Defend. ants and Appellants. SYLLABU: 1. A special assessment comm sion is a tribunal created by legisla- tive authority for the purpose of de- termining the benefits by reason of the construction of an improvement, and assessing the costs and expenses thereof. 2. Where no appeal is taken therefrom and the finding con- rmed by the city commission, the; inding of a special assessment com- mission to the property benefited and the amount of such benefits is inal and will not be disturbed by a ourt of equity in the absence of fraud or other grounds for equitable relief. That the property was not ben- efited at all or that there was an er- ror of judgment on the part of the commission as to the amount of the benefits are not grounds for equit- able relief. | 4. Where the statute prescribes the method of proceduré to be fol- lowed by the commission in deter- mining benefits and making assess- | ments and the commission whol], fails to follow such statutory re- quirements, equitable relief may be invoked even though the remedy by appeal has not been exhausted. Hi 5, Record examined and held, for | \reasons stated in the opinion, that the plaintiff has not . established such failure to comply with the statutory requirements in determin- ing benefits and making assessments as will warrant equitable interfer- ence. From a judgment of the District Court of Ward County, Hon. John C. Lowe, Judge, in an action in equity to set aside and annul certain special assessments for a storm sew- er, the defendant appeals, Reversed. Opinion of the Court by Nuessle, Bronson, Ch. J., concurs in result, R. H. Bosard, City Attorney, and Fisk, Murphy & Nash, of Minot, At- torneys for Defendants and Appel- lants. McGee & Goss, of Minot, Attor- neys for Plaintiff and respondent. Are You All Run Down? Many Bismarck Folks Have Felt That Way. Feel all out of sorts? Tjred, achy, blue, irritable? Back lame and stiff? It may be the story of weak kid- neys! Of toxic poisons circulating about | Upsetting blood and nerves. _ There’s a way to feel right again: Help your weakened kidneys with Doan’s Pills—a stimulant diuretic, Doan’s are recommended by many Bismarck people: i John Wray, 1015 Ninth St., N., Bis- marck, says: “My kidneys were sluggish and I had a dull, steady pain in my back. I had to get up several times during the night’ to pass the kidney secretions, Doan Pills were recommended to me and al got three boxes at Breslow’s Drug Store. After using them, the trou-\ ble disappeared.” a Price 60c, at all dealers. Don't simply ask for a kidney remedy—get Dosn’s Pills—the same that Mr. Wray had. Mobter Milbuty Co., Mfrs., Buffalo, N. Y, convert the bond into]: A New ‘Executive will resume their places. enact, laws i in the interests of every citizen. It is to Your Interests gated these important tasks. - ‘The Tribune Unbiased, Unatraid legislative assembly, uncolored, unbiased. The world’s sociated Press, keep you in touch with world affairs. The World Market News Be POTTPLI OOOO ERD COEROLOTOOELELELETODOETEELTETOLOL IDOLS OOO TSOLTELEOLOLOOLETOLELESELOLEPOLIIOECTS BOLEEELELOOS IS ELECIDE DOLE ICDL LLCLELCELLLCOLOLCCoo‘esectetecessoccocecccoocooeee <i : forecast for the immediate future. You Cannot Afford to Miss These Special Features that lie so close to your financial and social welfare. A fluctuation of a few cents in the world’s market may save you many dollars, An Offer for Immediate Acceptance Here is an offer by ssihichi you can secure the daily news of the North Dakota Legislature — Daily market reports — World events. ’ Fill out and mail the blank ee enclosing $1.25 for a . three months subscription to, The Bismarck Daily Tribune in North Dakota or $1.50 if residing outside the state. By carrier in Bismarck $1.80. Cut off here —fill in and mail to The Daily Tribune, : . Bismarck, N. D. three months. a Name *> PerOmiy Adtregy 2s NORTH DAKOTA’S OLDEST DAILY ; PER YEAR $5.00 IN NORTH DAKOTA, , - sas SUP eo neaomaceomepecatent nese ietinairneronan ansansoeasesisye TUESDAY, DECEMBER 23, 1924 ae ere will be instalted! to ‘manage the destinies of our state with jts complex problems. Many members of the house and senate will sit for the first time, re-elected members Comnfittees will be formed. All here’ to. make good their pre - election pledges and To Daily keep fully posted on legislative matters, to learn through our special staff of Capital News Gather- | ers the daily happenings and watch the trend of events 4s they are worked out by those to —n you have dele- will bring to your tities each day the exact news of ee important events daily wired to The Tribune by the. ds: Comes to The Tribune several times each day insuring subscribers the very latest market quotations and the Enclosed find........for which send me The Daily Tribune ed