The Bismarck Tribune Newspaper, January 15, 1925, Page 3

THURSDAY, JANUARY 15, 1925 THE BISMA 6-DAY SCHOOL BILL PROPOSED FOR RURAL AND Would Permit Country -Boys ELECTRIC RATE BASIS IN CITY IS DECREASED tinued from ‘Page one.) Git at include a part of the cur- rent consumed during the month of January, is reasonable. “I am particularly well ple with the general lighting rates. You will notice that the first twenty-five , kilowatts will be billed at 10 cents To be Free For Farm Work |and that thereafter the consumer iui {Will receive current for 9 The In the Spring [larger consumers will have the ad- as | vantage of the additional steps which Introduction of H. B. 22 and its; have been provided. Fhe City of companion measure H. B. 23, by Rep. H. Starke ‘of Stark county which a enacted would permit six days a| wegk school sessions at the option | of district school boards, are but | the forerunners of a great grist of school legislation ranging from the | biennial fight over the matter of transportation of rural school chil- drey, to an attempt to repeal the | staté aid to rural and consolidated schools. “During the early school months of the fall term and in the spring | older boys in dozens of districts in| our part of the state at least,” said | Mr. Starke, “are needed at home for { farm work. During the winter months, however, it is possible for them to attend school six days. I believe that a district board should have the option to order school ses- sions conducted six days of the week, if they so elect during certain periods of the year. The present Jaw makes illegal anything other | than five days of school per week.” Rep. George W. Morton of Dunn county, who in the 18th legislative embly sponsored a measure which had the purpose of cutting down the transportation expense, is hostile on the point of what he terms “extra- vagant costs” in the matter of trans- porting school children. The present statute provides that children whose parents live two} da quarter miles from a school | shall be transported at a fee of 25 |N cents. HoWever, he asserts, the law| is vague as to whether this is 25 cents per pupil or 25 cents per chil- dren-of a family. He will introduce a bfll within the near future which will set three miles from the school ; house as the minimum for which the school district is liable for trans- portation and ten cents per pupil as the maximum fee allowed. Other members of the legislature | arg out for still more drastic chan- ! Fs Rep. Herman Rabe of. Stark county, who, himself trudged for miles over the prairie as a youth to the district school, is in favor of repeal of the transportation act. “The state and school district pro- s the school, the teacher, the fuel und the books. We have a com- pulsory education law. It is up to the parents, under the compulsory | education law to see that the chil- dven attend schools’ is his plaint. | Kepeal of the statute which pro-| vides state aid to rur nd consol- | idated schools, and which costs the} e approximately $600,000 per year, is sought in other quarters, WOULD REMOVE | -LIGNITE MINE, HEBRON PLANT (Continue from page 1) | the district court held that it could | not compel ghe state to meet the liability it found existed. eal Beginning of committee work was announced. Senator Kretschmar told | the Senate he would call the appro- priations committee into sessjon to- niprrow, Senator Ingerson called the! committee on banks and banking | together for a short on tonight, and Senator Frederickson said that | the committee on public health would take up the child labor amend- ment tomorrow, and probably set a he\ring date. Burdick Introduced Usher L. Burdick, Lieutenant- Governor and presiding officer of the Senate during the 1911 session, was escorted to the rostrum, and introduced by Lieutenant-Governor Walter Maddock for a short talk. “The people have confidence that questions of right and wrong will be .decided in this body regardless of leanings in a political way,” Mr. Burdick said. Comparing the session of 1911 to the present one, he said that the old progressive group in that body was stling with experimental , prob- such as the primary law. s your task in this. session largely to pilot the state in regard to past experiments,” he said. “Many of the old progressive group did not favor state ownership and I, for one, am not in favor of it now. But you have institutions and experiments which must be the subject of your action now.” Local Banks Rename Officers Both national banks of Bismarck re-elected officers in their annual meetings. The First National Bank re-elected Gy B. Little president, J. L. Bell vice- pkesident and F, E, Shepard cashier and declared the-regular. dividend, it was announced. The City National Bank relected Pp. C, Remington president named J. ham vice-president and cash- und it was announced that Ar- ‘V. Sorenson of the First Na- Bank of _Madelia, Minnesota, named assistant cashier to suc- ceed C, M. Schmeirer. i 1 PROTES WRIGHT OUSTER Jumestown, N. D., Jan. 15,—Resolu- tions have been adopted by the Min- ixtérial association and the executive commitétee of the Law and Order committee of Jamestown protesting the recent dismissal of Dana Wright from the police force of Jamestown. The resolutions declare: “The arbitrary dismissal of a pyiceman of recognized integrity, character, efficiéney and fearless- ness, moral, as well as physical, with- out any charges made or preferred against him, tends to lower the standard of public office, encourage the violators of Jaw, and lower the respect for law, | Minimum charge, $1.00 {First 500,000 Ibs. |First 500,000 Ibs. | City li ‘All over 12,000 |Next 300,000 Ibs ith .{the Ellendale normal, s a large consumer, will rge reduction. I feel Bismarck, receive a certain tha z First 25 KWH per month . ext 75 KWH “ bg ‘ Next 100 KWH “ im Next 100 KWH “ Next 100 KWH “ or All over 490 KWH per month per month. General \First 1000 KWH per month ..... Next 1000 KWH “ “ Next 5000 KWH “ “, Next 5000 KWH “ & All over 12000 KWH per month Minimum charge, motors less than 5 H. P., Minimum charge, motors more than 5 H. P., Elevator service, $2.00 per H. P. per Cooking All consumption ... Minimum chatge, $1. 00 per month, Miscelllaneous |For street lights, sey WG munici consumption City street lights no metered .. Steam condensation All over 500,000 Ibs. condensation . Hig! condensation All over 500,000 lbs. condensation . The former schedule of rates was: General First 100 KWH 5 Next 100 N All over 500 KWH Minimum charge: $1.00 per meter t on White Way .. Arc lights First 1,000 KWH Next 1,000 Next 5,000 “ Next 6,000 “ 00 03% per KWH. Minimum charge: of condensation . of condensation .. All over 500,000 Ibs. ...... 6.000.006 First 200,000 Ibs. pany in filing this new schedule of rates will meet with the general ap- proval of the public, and it should} have the effect of discouraging lit- | igation. “In all of the proceedings had before this Commission we have |) °° © been impressed with the splendid | and service furnished by the Util the action of the com-%} General Lighting Pressure Steam } City Street Lighting Power $1.00 per meter per month. Steam Heating the fact that the Company is able to] Bowman County, a _ politi copartners knew ‘the faets to which operate with a schedule of rates as | subdivision the State of Hthe absent and answering partner | are here provided, is proof of the ef-} North Dakota, and) Anna M. ‘would testify, is present, it is not fie’ of its management. In fact,/ Spire, Auditor of Bowman an abuse of discretion to deny a e have always’ conceded that the | County, continuance when there is no ex rvice furnished by the company | © plaintive and Bospondentes ol n why such copartners or s excellent. The members of the 4 jtheir testimony can not be procured |! Commission are pleased with the exe re nae SARS for the trial action of Mr, in filing. this Bonding Fund of the i liability of , partners is schedule of y F Ge NSHR BARS J [oint, and not joint and , several. + ing further proc ” Defendants.| (See. 6410, C. TL. 1913.) New Schedule Bund 60 he & In uit against a partner-} The new schedule of rates follows: | , SAL DENGUE ship, where only one copartner is { Appellant.| aval ied apr ene oe ib ull | svLLABUS: jthe plaintiff prevail the judgmen See Mer eau da. “4h ane eae Chapter! should be entered against the firm; || oe 158, S. L, 1919, providing that a{&%d not alone against the defendant | og ~— feluim against the State Bonding| Served, under section 7435, C. 1. o7 « «& Fund shall be filed immediatly upon|}9! : ings Gea and in no event later than sixty days| | A stipulation in a promissory Aitene the dieeey of any. wrongful | Pou for attorney fees in case of de- Power |net on the part of any public em-jf#ult is contrary to “public policy | ret 5 Jand void,” if made in this state, un- 06 per KWH | ployee for which the State Bonding) {0 \0''t Holst Raa 05 “ « {Fund is or may become liable, are| Cc) “econ et ‘04. “ “| mandatory and create a condition| W" Ua ey cH Sheba ratiee 03% “ « | precedent to a claimant's right of NEE IRGOURRHCVAE roRRRA ERA RNG ‘Rone ae | recove cl Madden ys munae he instrument was executed in a | foreign state where such a provision 00 per month. $1.00 per H. P. per month. month. 03%4per KWH white way, all a Levees O4%per KWH 6.00 per month Heat 70 65 1000 Ibs. Ibs. per per 1000 85 80 per 1000 Ibs per 1000 Ibs Lighting : 11 %per KWH 10%per KWH 110 a) od og ew | per month. 07 per KWH $ 6.00 per light per Mo. Senate Calendar New Bills §. B. 27—Stevens, (Ind.) Ramsey Repeals section 924 requirin| {the secretary of to issue a ‘publicity pamphlet prior to eaci election wherein candidates or spon sors of initiated or erred ures may comment. B. 28 aE repeals $1,090 fund for Society for the Friendless, ated by budget committee S$. B. 28—Appns. Com, repe tion 10960, C. L. 1913 fund to society for prevention cruelty to animals. S. B. 89—Appns. Com. repeals bi- ;ennial allowance for per diem and expenses of investigators ‘of artesian wells and water supplies. commit. aid to elimin- te granting of 8. —Appns. Com. _ repeals Section C. L, 1913 relating to expenses of publishing notice of s of university and school lands, Cov- ered otherwise in the budget. S. B. 32—Appns. Com. repeals sec- tion 362 C. L, 1913 relating to the expense of advertising common hool lands for lease. Covered oth- erwise in department budget. Neither , nor S$. B. 31 repeals the publi- cation requirement but the standing appropriation for same, such costs to be determined semi-annually and appropriated to the department by the budget board. . Be gives $1,000 aid to N. D. Dairymen’s association. S. B. 34—Appns, Com.; makes bi- ennial $3,000 allowance for offer ‘of rewards for apprehension of crim- inals. S. B, 34—Appn 000 to Floren Fargo. S. B, 36—Appns. Com.; appropri- ates $60,000 for the biennium for maintenance of N. D. National guard. S. B. 87—Appns. Com.; appropri- ates $38,208.34 for repayment of $35,000 loan by Carnegie institute to with interest. Com; gives $10,- Crittenden home, House Calendar New Bills H, B, 22—Starke, (Ind.) Stark; changes statutes felating ‘to oper- ation of public schools to muke pos- sible holding of schagl six days of the week. Present law fixes school week at five days. Author contends in many rural districts, desire is to hold school six days to allow pupils behind in studies through need of services in-farm work, to catch up with classes and absorb more “learn- ing.” H. B. 238—Starke; revises present statute to make it with oplicnas Dependable!. No’ other cathartic or laxative acts os gently on the liver and bowels! as “‘Cascarets,” ‘They never gripe, sicken, or incon- oT nenlense Zou, _ They vesibively (’ “They Work While You Sleep", For Constipated Bowels, Sick Headache, ‘Colds, Sour Stomach, Biliousness Ellendale Normal. H. B, 29—Appns. Com.; $139,000, Mayville Normal. H, B. 30--Appns, Com.; $325,250, | Valley -City Normal. H. B, 31—Appns. Com.; $110,000 to tuberculosis sanitarium at Dun- seith. H. B. 32—Appns. Com.; $86,500 to state hospital for insane, James- town, H. B. 33—Appns. Com.; $274,000 for state penitentiary. H. B, 34—Appns. Com.; $151,004, school for deaf, Devils Lake. H. B. 35—Appns. Com.; $89,120 State School of Science, Wahpeton. H. B. 36—Appns. Com.; $267,700, | feeble minded institute, Grafton. H. B. 37—Appns. Com.; authorizes moving of state mining experimental station from Hebron to university at | Grand Forks and authorizing indus- trial. commission to dispose of state property at Hebron, H. B. 88—Appns, Com.; $86,900 from fees collected by game and fish department for operation of depart- ment and various hatcheries and | game preserves. H. B. 39—Appns. Com.; $26,400 expenses transportation officer. H. B. 40—Apphs. Com.; $16,800 for immigration commissioner's de- partment. H. B. 41—Geo. N, Rasmussen, (NL) Barnes; concurrent resolution call- ing for a constitutional amendment to create a three man highway com- mission appointed by the governor, establish a system of state high- ways and establish a state highway fund. Part of the Moe Good Roads plan. 7H, B. 42—Appns. Com.; $16,200 for payment of loan made to Diok- inson normal. H. B. 43;-Shurr, Thatcher, Svin- gen and Streich (all N. L.) Botti- neau, calling for appropriation of $74,800 for re-establishment of the State School of Forestry at Botti- neau which was discontinued by the | 1928 session of the legislature. Bill strengthen and regulate the bowels, restoring natural, regular movement. | ter 56, jtherance of ju jnatural and necessary result of per asks $62,560 for faculty and employ- ees, $2,900 general repair: sqipigegt as $5,040 mi From Bowman Cou 2. The presumptions enumerated in Section 7936, L, 1913 are dis: putable denominational — presump-| tions and will not stand as agai matters of fact to the contrary ad- mitted on demurrer. 3. Under S providing that in pleading the per- formance of conditions precedent in a contract ‘it shall not be necessary to state the fa showing such per- formance but it may be stated gen- erally that the party duly perforp- ed all the conditions on his part and if such allegations are controverted the pasty” pleading shall be bound to establish on the trial the facts showing such performance, an alle- gation that a claim against the State Bonding Fund was duly presented is sufficient as against demurrer, 4. The deposit by a county trea- surer of county funds in a deposi tory bank in excess of the amount of depository bonds of such bank, contrary to the provisions of Chap- S. L. 1921, constitutes | breach of duty on the part of the| purchased the building upon a writ- c -wwy,_| treasurer and a breach of condition! te; agreement and upon the alleged 06 per KWH | of his official bond issued by the| oral agreement that the vendor would 05 “| State Bonding Fund under the pro-|not engage in the grocery business | See visions of Chapter on the West Side of; the City of| Ae 5. A complaint Devils Lake, and where no mention iS po ch of i is made in the written contract or ng der the provisions of Chapter 158,]in the oral agreement of the good L, 1919 is good as against demur-| will of the grocery business as the | rer, though there is therein no ex-|sulject of sale, and the same can press allegation of damages on ac-|he established only by indirection per 1000 Tbs. count of the breach, since the law]or implication through the price ob per 1000 Ibs. | implies damages. jtained for the building and the value beets eee nees per 1000 Ibs. | “Appeal from the Distzict Court of | thereof, itis held, for reasons sta Bowman County, Hon. f. 'T. Lembke,|ted in the opinion, that the record Judge man order overruling a|fuils to establish the sale’ of the demurrer to the complaint, the de-|good will of the grocery business jfendant State Bonding Fund appeals.|and that, hence, the alleged oral AFFIRM A +. feontract, being in restraint of trade, ce Opinion of the Court by Nuessle,| was voi district ds ky ener In District Court, Ramsey Coun- tion of six day a week Crum & Crum, of Bismarck, At-|ty, Buttz, J. Action to enjoin. de- allowed under H. B. 22. for Appellant. , |fendant from engaging in the gro H. B. 24—Appns. Com.; $25,000 to} Mark H. Amundson, of Bowshun,{cery business. Defendant has make up deficit at State Training | attorney for Respondents. pealed from the judgment and ¢ School Mandan, occasioned through | Binide ae erialide Ae: insufficient appropriation last ses- 4 : 1 oj AGE RRGAL: Gave naaE Se Hae ie Plaintiff and Respondent, vs. ‘The |Ch. J H. B, 26—Appns. Com 000 to Trust Co. a co-partnership | Christianson, J., dissents. . pon: of P. J. Burfening, et al, Flynn, Traynor & nor, Devils make up deficit in wolf, coyote and Pdi Burfenive: po. |Wuke, N, Dy, Altornoys ‘for’ Defend pine bounty fund, fee fendant and Appellant. ant-Appellant. H. B. 27 —Appns, Com.; ‘$247, SYLLABUS: | Cuthbert & Adamson, — Devils 8 ee 1, Amendments to pleadings | bake, N. D., Attorneys for Plaintiff- H. B. 28—Appns. Com; $4204 for! snouid he liberally allowed in fur- | Respondent. allowance there- of should be the rule and refu the exception and this liberality hould be exercised particularly in cases of proposed amendments to answers. If, by reason of the al- lowing of an amendment to the an- swer, alleging a new defense, the adverse party be in fact surprised, the case should be continued for a reasonable time, and in addition) thereto, such terms imposed as will | fairly, compensate for the expense! and inconvenience occasioned as the mitting the amendment. 2. Permitting or refusing amend- ments to the a s defenses, is a with the trial court. retion of the trial court in this regard will not be disturbed on appeal ex- | cept in case of evident abuse. | 3. When permitting a new de- fense to be interposed by amend ment, a short time before trial, will necessarily occasion inconvenience and expense to the other party, and | perhaps delay the trial of a cause al- ready: at dssue, on the calendar for | the term, and in which the deposi- | tions of material witnesses, living in remote states, have been taken on the assumption that the issues had been made party who wi satisfy the pleadings, the to amend should as to nes the tfial court both his diligence and his good faith. 4, The affidavit in support of the motion for a continuance should or- dinarily contain a specific allega- | tion to the effect that the facts to | which the absent witness will testify can not-be proved by other witness- es whose testimony may be, or, by | diligence, could have been, made | available at the trial. 5. In the affidavit for a conti uance, the moving party should state | the facts, not merely his conclu- sions, as to diligence in procuring | the testimony of the absent witness, Never be without it. “Cascare' are harmless and are used by millions of Men, Women and Children. 10c boxes, alao26 and hc sites—any drug atereAdys,. ‘or of other witnesses by peril is | the | jthe trial court, [Berry, J. tion 7461, C. L. 1913,| ‘wae DOES SUPER FYR-FYTER Fire extinguisher in your home and on your car today. means safety for all tomorrows. j For Sale By F. M. VARNEY 408-2nd St. whom the Be proved. wit against mnee avingg an uppea | affidavit for pnbinuance, or be fairly inferred from the | | ame facts could Het in the record properly before that some or all the ed there- ould be lawfully incorpo in, Appeal from Dis County, North Dakota, Hon. H. L. Modified and affirmed. Opinion of the Court by Johnson, ct Court of Cass Conmy, Young, and Burnett, and J. P. Conmy and Edw. Pearce, all of Fargo, N. D., Attorneys for Appell- ant, P, J. Burfening. M. A. Hildreth, Fargo, N. D., At- torney for Respondent. From Ramsey County — Rose Brottman, Plaintiff-Respond- ent, vs. John Schela, Defendant- Appellant, SYLLABUS Where one who owned a building, wherein he conducted a — grocery business, leased the building and sold the grocery business to another, with an agreement after the expir- ation of the lease to repurchase the same, and where, before the expir- ation of the lease, the other party Special prices on children’s coats, age from 2 to 12. For $4.95, $6.75 and $7.95. Sarah Gold Shop. We Are Now So Equip- ped That We Can Shell Corn. 0 _ Russell Miller Milling ~ Company. Examine Your Eyes © Clearly the Advantages All Your Optical yants Supplied Here. F. A. KNOWLES Jeweler. Bismarck. OLDSMOBILE SALES AND SERVICE DAKOTA AUTO SALES CO. 107 5th St. Phone 428° amma ———————— DR. R. S. ENGE Chiropractor Consultation Free Lucas Blk. Bismarck, N. D FRY-FYTER today - SIXTEEN YEAR OLD MURDERESS was this afternoon appointed Ger- man Chancellor. Called Home aaa ey Dor. | Representative J.D. Root has been PII RIEU) Leas ‘Tl called to his home at Guelph, Dickey othy Ellingson, — sixteen old| county, because his wife suffered a daughter of Mrs. Hannah Ellingson, | fractured ankle in a fall on the ice. who fled from the Ellingson home .z here after her mother was shot to] Special prices on children’s h, was arrested today by detec- | coats, age from 2 to 1 Berlin, Jan. hives: who! found (uF MUOEOewoliilas $4.95, $6.75 from the scene of the shooting, mea e “Yes,” the girl said, “L killed | Gold Shop. her, because she upbraided me for going out with men. CLEARANCE SALE WINTER HATS | $1.00 $2.75 $4.50 Our entire stock is priced for immediate disposal to make room for our new Spring styles. MARY BUCHHOLZ Ask us about it HENRY & HENRY 119—8rd St. Scott’s Grocery yi” YES!WE DELIVER fy PHONE 816 Has Increased in Value Furniture has more than doubled in value within the past five or ten years. Do not risk having to pay the increased prices out of your savings if | Appointed New “Gold is where you find it.” 311 7TH ST. Fresh Fish Today at Reasonable Prices. u, 15.—Dr. Hans Luther and $7.95. pr “Gold is where you find i CAPITOL THEATRE TONIGHT ONLY TONIGHT — Thursd Monte Blue Don’t forget the dance at German Chancellor] the Odd Fellows Hall. Miriam Cooper and Kenneth Harlan ines “The Telephone Girl” Coming Commencing Monday Harold Bell Wright’s greatest novel “The Mine with the Tron Door” Matinee Every Day At 2:36 fire should destroy your : and household effects. Marie Prevost Secure at once a Fire Sake Policy issued by — The Automobile Insurance Co. of Hartford, Conn, (affiliated with the Ztna Life Insurance Com- pany) and we will pro- ; vide the Insurance Agency chase new furniture in the event yours is de-» stroyed by fire. funds to pur- “THE LOVER OF CAMILLE” Mermaid Comedy “Rough and Ready’ Friday and Saturday THOMAS MEIGHAN in. “TONGUES OF FLAME” Your Investment--- The universal recognition of Life Insur- ance as one of the world’s most depend- able investments has come gradually. Life Insurance has became cemented in the minds of the public as a most bene- ficient and certain investment, because it guarantees the realization of human hopes. YOU HOPE FOR an estate that will give your widow a comfortable living and educate Telephone 720 — Agency Department. PROVIDENT LIFE INSURANCE COMPANY. YOU HOPE FOR funds to care for you and your family should sickness or accident rob you of your earning power. YOU HOPE FOR a comfortable income for yourself and your wife during the sunset days of your life. your children. WE GUARANTEE THAT HOME OFFICE — BISMARCK, N. DAK. Pa WE GUARANTEE THAT WE GUARANTEE THAT