The Bismarck Tribune Newspaper, January 15, 1925, Page 4

| PAGE EIGHT ‘PAGE FOUR ‘THE BISMARCK TRIBUNE Entered at the Postoffice, Bismarck, N, D., as Second Class Matter. GEORGE D. MANN - - Publisher Foreign Representatives G. LOGAN PAYNE COMPANY CHICAGO - : - - - DETROIT Marquette Bldg. Kresge Bldg. PAYNE, BURNS AND SMITH NEW YORK : : Fifth Ave. Bldg. MEMBER OF THE ASSOCIATED PRESS The American Press is exclusively entitled to the use or Tepublication of all news dispatches credited to it or not otherwise entitled in this paper and also the local news pub- lished herein. rises . All rights of republication of special dispatches herein | are also reserved. MEMBER AUDIT BUREAU OF CIRCULATION SUBSCRIPTION RATES PAYABLE IN ADVANCE Daily by carrier, per year...........seeceeeeee cece GT20 Daily by mail, per year in (in Bismarck)...........-. 7.20 Daily by mail, per year (in state outside Bismarck)... 5.00 Daily by mail, outside of North Dakota.............. 6.00 feo! ee Ahn hele ie et btreenthes-eteerhan menace a THE STATE’S OLDEST NEWSPAPER (Established 1873) (Official City, State and County Newspaper) STATE ECONOMY ; While on the question of economy in state affairs, it is easy to overdraw the picture and paint every state official as a shirker and tax eater. Of course such an attitude is unfair. There are many officials at the state house who work hard at small salaries. Some of them could earn more in other callings, but the public service attracts them and they are willing at times to make a considerable sacri- fice in a monetary way to remain in work which they find congenial and where they believe at least they are doing some good for their fellow men. Dave Larin, a league editor, in a recent demand for economy in state affairs makes this rather sweeping asser- tion: “We doubt if there is a state official at Bismarck who does an honest day’s work in a year.” There are probably a number who soldier on the job be- cause it is a political sinecure, but that is not the rule. Of course Mr. Larin’s definition of an honest day’s work might alter the situation. If it means arriving at 6 a. m. in the morning, punching the clock at noon and réturning at 1 p. m. and signing off at 6 p. m. probably few would qualify. In the same editorial he says those opposed to the league “are most vehement, most insistent and even belligerent.” Of course the opposite is true. Frank A. Vogel, a pronoun- ced leaguer, at a banquet recently commented upon the ab- sence of acrimony between leaguers and independents which seemed to promise in his opinion an era of better feeling in North Dakota, a situation which The Tribune believes the contending factions welcome as strongly as this over zealous editor seems to fear. Some politicians grow fat and sleek by stirring up animosities and spouting vituperation. The time has passed in North Dakota politics when such appeals get very far. The people are tired of the style of journal- ism in which the red contingent reveled: before there was a housecleaning in the nonpartisan ranks. It fitted the days of Box, Hastings and Townley, but Sorlie by his attitude indicated at least that he wants team work during the ses- sion in an effort to get the best legislative results. If Larin speaks for many leaguers, there are some then who have not lost their love for hurling monkey wrenches and engaging in other kinds of political sabotage. The general demand of the league editor for economy in state affairs meets with instant approval but wild asser- tions of a sweeping nature without investigation will not get results with a legislature constituted as the present one is. The assertion that “there are more loafers to the square inch in Bismarck than any other community in the state,” brings in its general indictment the sheep as well as the goats. If the S. R. O. sign hangs in loafer’s alley in Bis- ;- marck, Mr. Larin probably might find some of his friends in the crowded area, but those who know conditions do not believe such an assertion as this. Such extreme statements discount the cause in which H they are made. : Gov. Sorlie working harmoniously with his fellow lea- guers and independents in the state government can do much in effecting economy, but the flannel mouth is merely 4 as tinkling cymbals and sounding brass. SOME SWEEPING REDUCTIONS Some savings which in its estimation can be made in state affairs are set forth in this week’s issue of the North Dakota Nonpartisan, the official state organ of the league. Many of the recommendations are timely, some not so timely and probably tingled with personal feeling. That material savings can be made in the various depart- ments is well known and the legislature doubtless through its appropriation committees will .go over department ex- penditures with a view to getting the state budget down which is now excessive for a state of this size. If we are to indulge in state owned industries, the penny must be “pinched” somewhere unless land and personal property are to be confiscated by excessive taxes. If the administration follows all the cuts suggested and i of course some of them probably are too severe, a material saving will be effected. If the pruning knife is scientifically applied probably about $2,000,000 could be lopped from the state budget of $7,000,000. Then the income tax could be repealed and a tax placed on cigarettes and snuff. If this is not enough most of the highway expense could be met by a tax on gasoline so that auto tourists could pay part of their share in the build- ing and maintenance of the highway system. Courage is necessary. The question of economy is the big task ahead. : INFLUENCE Heredity and environment are about equally powerful : in shaping the individual. This is the conclusion of Profes- son Child of University of Chicago, after laboratory experi- ments with lower forms of animal life and plants. When it comes to people, however, a third influence oper- ates—character and ability born in the individual and which cannot be traced to environment or heredity. A beautiful swamp flower has little in common with the swamp. . WHISKY te When prohibition went into effect, there were 200 million quarts of whisky in government bonded warehouses. Now there are only 80 million quarts.” . * That is plenty for medicinal purposes. But the decreased ADVENTURE OF THE TWINS BY OLIVE ROBERTS BARTION All the little wooden called \ out together. be real.” “Real,” laughed the Fairy Queen. ell that is a funny wish.” “I don’t. care,” growled ‘the little striped yellow tiger. “I’m tired of be big like a real tiger.” “So do I!” zoared. the little wooden lion. “Me too,” whinnied the horse. “And me!” said the elephant. “How did you get so wise?” asked the Fairy Queen. “?You were all just born a few days 2go in the Toy Maker's shop and niow you know all about everything.” “It’s that book there,” said the giraffe jerking his wooden neck in the direction of an open book lying on the floor. (You know I told .ywou before that Bobby Wilson wasn’t a very orderly little boy.) The pages were sprdad out so that everybody could see. And there were bij; colored pic- tures of all the animals spread all over it. “I see” nodded the’ Fairy Queen. “They say that a litgle knowledge is a dangerous thing, |and I believe it is true: Do you like Bobby Wil- son?” she asked suddenly. “Yes” shouted all thle little ark animals just like that. “I just thought sof’ said the Queen. “But if I made you into real animals, don’t you know that you would be very fierce—most of you—and that you would want to bite Bobby and that he would be afraid of you. All but the thorse, and maybe the giraffe, and j1erhaps—a great big perhaps—the elephant, too. For wild elephants are vitry fierce and kill people.” “The idea!” said the “We never thought of that.” “No, we didn’t,” said the tiger. “[ should say not!” declared the lion. “That makes it altogether differ- ent,” said the giraffe. “{ heartily agree,” said the horse. “Whatever my friends do, I do, even if Bobby would still be my friend if I were real.” “What would you do?” asked the Fairy Queen turning to the Twins. “Perhaps they have another wish, you could grant,” said Nancy. “Have you?” asked the Queen. The animals put their heads to- gether and whispered. “No,” said the wooden elephant finally. “We have decided that fwe like Bobys better than anyone eilse in the a and so we'll stay just as we are, “But I should like to see the pig world,” sighed the camel. “So should I,” sighed the lion. “So should all of us,” said all the little wooden animals. The Fairy Queen laughed. “I have a real surprise for you,” she said kindly. ‘“Sinee you. all tike children so well, I know exactly what I am going to do.” (To Be Continued) (Copyright, 1925, NEA Service, Inc.) elephant. Fairy If you just looked out for Number One this Christmas remember it is the smallest number. The best Christmas gift is the gift of knowing what others want. About the only prices that have been lowered recently are those of 1924 calendars. Dallas (Tex.) man threw a hatchet at her. So she got @ divorce. Wo- men are so scary. Bad news from the Eskimos. They are eating dogs. Next time your dog barks threaten to eat him. Los Angeles bank messenger says he spent $30,000. himself for a movie star. Auto owners gwill be tickled to learn a St, Louis garage man was fined for using a stored car. Chicago man sues his wife for lost love. If he values it at $100,000 he should have taken better care of it. While Christmas costs a married man more than a bachelor it is worth more to a married man. Everybody loves a fat man dressed up as Santa Claus. The worst thing about winter is it doesn’t come in summer. News from Paris. Artists have se- lected what they call the most per- fect girl, figuratively speaking. St. Louis man phonéd home after being.missing nine years. May blame it on the poor phone service. Wisconsin football player will re- cover from a twisted neck, but must miss necking parties a few months. It is easy to keep things coming your way when you are gping theirs. Owls are considered*wise, and they stay in bed all day. We like winter better than sum- mer because flies don’t. Changing from mah jongg to crossword puzzles is about like start- ing chewing ceo SO you can stop r means there is less to be stolen or withdrawn from poet permits forged or acquired by bribe. The liquor lers where smugglers are busy. . Even after a man gives you his telephone number it is hard to.get it. ; ae increasingly gets on a moonshine basis except along}; wri bord smoking. Boston is having daylight robber- ies. It’s getting harder and harder to find people who will work at night. Most of us get wrinkles worrying ror our eI a re 4 4 WHA{T HAPPENED TO BOBBY’S ROOM being made of wood and I want to| . | stances. Maybe he mistook] fHE RISMARCK. Tprorrarm THE BISMARCK TRIBUNE i | ro} BI LETTER FROM RUTH BURKE TO || WALTER BURKE, CONTINUED { It is astonishing, Walter, dear \what a difference it makes to a man | whether he is concerned in the funny | his sense of humor. I wonder just exactly how Jack would look upon it if I should call him up some night to tell him that I didn’t think that he appreciated Les- lie. You see the position, however, it puts Leslie in, In some way she has got to get hold of Jack and straighten him out, but, as she says, I can hardly see how she can call) him up and apologize for something that he himself has done. ; hs I told her that most men ekpected that their wives would ask and: let them graciously accord forgiveness to them, for the sins their ‘hysbands themselves had committed. In this case, however, theact is! too palpable. nature could Leslie make it appear other from what it is. This is the reason I am writing to you, dear man. I want you to tell me what to do under the circum- The whole affair seems to me to be particularly unfortunate— a kind of a vicious circle, no matter where you stop you come back to the same place. First here is Jack who has,been put in as manager of a great business which should be given every ounce of his energy, his thought and talent. Mr. Hamilton seems to have had great confidence in him and even Sally Atherton says that he could do all that was required of him if he were himself. But he is as tem- peramental as a boy and somebody has got to keep him quiet and above all things happy for the sake of the business. If it weren’t for that bus- iness I would very quickly tell Les- lie to let Mr. Jack Prescott go to the The Tangle incident or his wife is appealing to} By no stretch of good |; The Dry Water Hole ; ’ | time, but there are over a thousand families dependent on the Hamilton Steel Works and the Hamiltons who have now been narrowed down to Leslie and her mother owe | thing to these people. If it were just the loss of money to the Hamiltons themselves that | would be comparatively easy, but all these men, women and children must |be taken into consideration. The business must go on to success re- | gardless of anyone’s feelings, and it seems that for the business to go on successfully Jack’s selfish feel ings must be considered first, last and all the time. Then there is Leslie’s condition, when of course the idea of separa- tion from her husband must be re- pugnant to her. So here is poor Leslie being ground between two stones. She has got to shoulder this responsibility and probably Leslie will do it, but it won't make for her happiness, my dear. The whole thing resolves itself into keeping John Alden Prescott thinking he is the great “I am,” and after all, however much we talk of woman's individuality, that seems to be what most women promise when they take upon themselves the vows of marriage, Dearest, this isn't a very nice let- ter for a newly married woman to| her husband, but thank God, you un- derstand. (Copyright, 1925, NEA Service, Inc.) ——_-______—_ A Thought | ————_~+——_—_ Without counsel purposes are dis- appointed: but in the multitude of counsellors they are established — Prov. 15:22, : ; | some- Good counsels observed are chains to grace, which neglected, prove devil in his own way and in his own EVERETT TRUE i You. CAN GeT. 1 HAIR TONIC I CIKE Yours Doesn't IF YOU NSED A halters to strangle undutiful chil- dren.—Fuller. f tWHEN ‘YOu COMS HOMG TOMORROW j= WANT Yov_% BRING ME A_LARGE Bot TTS OF THe BEsT HAIR TONIC off ANYGODY WITH A MOP NEED ANY HAIR NIC. HAIR TONIC THEN 1 NEED 4 HAIR BRUSH! —. Slee erememmmmmmnmrata SUPREME COURT | i | From Ramsey County | Emma B. Dean, * | Plaintiff and Appellant. | Plaintiff and Respondent. | vs. | J. H. Smith, | Defendant and Respondent. Defendant and Appellant. CROSS APPEALS: | SYLLABUS: 1. The fact that a transfer of real property, in the form of a warranty ‘deed, was made subject to a defeas- ance, may be showy; ky evidence aliunde, except as y38zinst subse- quent purchasers or encumbrancers for value and without notice, under section 6729, C. L. 1913. 2. A warranty deed, absolute upon ‘ace, is presumed to be an uncon- ditional conveyance. The burden to averthrow this presumption is upon him who asserts the contrary and the rule is that that proof, to be suf- ficient, ‘must be ‘clear, ° satisfactory, and specific, and of such a character as to leave in the mind of the chan- cellor no hesitation or substantial doubt. , 3. When it is established by clear, satisfactory and convincing evidence that a deed, absolute upon its face, was intended as a mortgage, the court will give effect tp such inten- tion; in case of doubt/'Upon the evi- dence, the doubt will ordinarily be resolved in favor of a mortgage. 4. A mortgage is usually a secur- ity for the payment of a debt; it is an incident of an existing obliga- tion. It is essential that there be an agreement, express or implied, on the part of the mortgagor, or other person in whose behalf the mort- gage is executed, to pay a debt, or discharge an obligation in some form, owing to the mortgagee. 5. One of the strongest and sur- est tests as to whether a convey- ance, absolute .in form, shall be deemed a secygity conveyance, is the continuance; the indebtedness or y its extinguishment. If the debt con- tinues as such, the transfer is a mortgage. 6. The absence of any written evi- dence of a debt is a circumstance, though not conclusive, indicating a sale rather than a conveyance for curity. If, in the subsequent tr&n acti of the parties, there is no re- cognition in any way of the relation of debtor and creditor, and the ven- dee for a considerable period holds | possession without paying interest or rent, these facts go to show that there |purchase and not a 7. When the msideration ap- proximates the value of the Property at the time of the convey- ance, it is a circumstance tending to show that a sale rather than a mort- ;gage was intended. 8. The reservation of a right to repurchase, or agreement to re- convey, is not alone sufficient to ortgage. its face, ag a mortgage. 9. Persons possessing cay contract may enter into an engage- ment for the purchase and sale of real property, with a reservation to the seller of a right to repurchase the land at a certian pri in a specified time. 2 10. Where it appears th: there is no continuing obligation on the part of the grantor to pay a debt, either pre-existing or created at the time of the transfer; (b) the consideration expr. deed approximates the full value of the property described therein; (c) the granton surrenders possession of the property:to the grantee; (d)>-with full knowledge of all the circum- stances and ample opportunity to assert whatever rights he has, the grantor permits the defendant, for over six years, to deal with the pro- perty has been made; (e) the written evi- dences of the. indebtedness assumed or diicharged by defendant in con- sideration of the transfer, are all cancelled, released,'and, for the most part, actually: delivered to the grant- r; it is held, that the transfer was an’ absolute: conveyance. ‘Whether the ‘conveyance a deed .of- trust depends. only an agreement for re-| ¥' stamp a conveyance, absolute upon}: BY CHESTER H. ROWELL | Nine days Lucifer fell, and must have arrived at the Pit with a fair- ly accelerated velocity. But in this, as in some other respects, the Fallen One was much too slow for the pres- ent age. The automobile and the jairplanc have long distanced the déer and the dove, once the symbols qot speed, with sound and harnessing the wings of light. A modern projectile outstrips the noise of its own flight, and airplanes are contemplated which would need to be only fifty percent faster to do the same thing. Our successors may pause before landing, to listen to themselves com- ing in behind. And even the 186,000 miles a second of radiant energy is no longer a theoretical figure in a book, but a practical fact in daily use. If it were possible to be heard by speaking tube from Chicago to ;New York, the greeting. “hello” would take an hour to arrive, and the answering “yes” another hour to return. Conversation would be punctuated by two-hour intervals be- tween sentences. Instead, our greet- ings ride the ether-waves in a ‘three- hundredth of a second. The an- |Rouncer’s voice takes longer to go from his lips to the microphone than jfrom the microphone to the receiver across the continent. Your son thinks nothing of tuning in a har- |monic beat wave of 50,000 a second, {on an incoming frequency of 1,000,- {000 cycles. And he knows what this jeans, too, if you don't. It is as Pl ical a part of his life as hames land surcingles were of yours. We have outpaced everything but thought—and sometimes even that grows dizzy. When one authority told ug there would be no more gasolene in a dozen years, we were concerned; but when another assured us that we were safe for a century, we ceased to care. If the world will last until we and our children are dead, that is long enough. We are lumbering the forests on that basis, and com- ing pretty near to it in the mining of copper. We have been breeding humans on exactly that basis for a century. At the present rate, the world will be over-populated in an- other hundred years. That is too far ahead to bother about. But is it? We are the inheritors, not of a hundred, but of thousands of years of the work of our ances- tors. The exhaustion, not merely of oil and lumber and of some metals, but of coal and iron and the food- capacity of the earth, is no further ahead than we can already look back New York, Jan. 15.—When .they took William Blake, 35, from a Bow- ery lodging house to Bellevue Hospi, tal with self-inflicted knife wounds in his throat, they found a letter from his mother under his pillow. Here are excerpts from the letter: “I wonder why I do not hear from you, I told sister I think you are at sea. I think sometimes you are plan- ning a surprise for me, because you have the side-door key and can come in’ when you like. I always. look for you. I am not very well. .I. would love to see you, dear boy. Write to me and come home sqon. I am near- ing my seventy-eighth birthday, and it is pretty near‘time for me to ‘hand up the fiddle and the bow and lay down the shovel and the hoe.’” Bill Blake. isn't the only out-of- town man in New York who carties a key to his mother’s door, who plans to go back and surprise her—and who very seldom writes her. eee A broadway haberdashery displays a sign reading “Counsellors of F: ions.” Hostesses in a certain dance hall have cards reading “Director of Public Contact.” Next I pect to see the famous white wings decla ing thentselves as “Engineers of Manual Exertion. of Anytown . removed | gently touched the fis left fodt. « “Ingrowing': “hail?” queried the i Flesh near where the nail touched the toe showed the slightest red is evident that as yet the Pain was not severe. : “I have just read that powdered alum‘is gogd for ingrown‘ najls,” con- soled “the’ wife. * “The ‘instructions ply 8 formation of soap fer, 24 hours beforehand, terms, and not: whether the gl ig a creditor who is to be paid out of the proceeds that. may arise from the execution ‘of the trust, declared. . 12, A-deed of tru: effect, a mortgage. It, a gage, is intended to.secure an in- debtedness, or an obligation. There having been no obligation, existing or_created at the time of the execu- tion of the deed, it is held, for rea- sons stated in the opinion,‘that the conveyance and the contract execut- ed simultaneously therewith do not constitute: a trust deed. Appeal ;by both parties from a judgment’ of the District Court of Ramsey County, N. Dak., Hon. W. J. Kneeshaw, J. mort- J. REVERSED AND DISMISSED: Cuthbert & Adamson, Devils Lake, N. Dak., ,Attor: for Appellant. Henry G. Middaugh, Duluth, Minn., and/A. E. Wheeler, Devils Lake, N. ya tor Respondent. 1,000,000. And now we are racing | f, FABLES ON HEALTH INGROWING NAILS Opinion of the Court by. Johnson, . THURSDAY, JANUARY 15, 1925 REVOLVERS POOR WEAPON AGAINST * BURGLAR SAYS C. H. ROWELL; GASOLINE SHORTAGE SEEN If we are the heirs of ages of ac- cumulation, there are at least as many ages to inherit our destruction. If our ancestors five thousand years ago had so devastated the rth as to make it. unfit for civil- ized habitation, we: should not have been civilized.’ We are busy doing just that for our descendants no further ahead. -For our own af- fairs, we have twenty or fifty or seventy years to reckon with. As temporary custodians of the phy§tcal earth, we should reckon with’ the ages, lest our successors have chief- ly to reckon with us. The American Bar Association favored making. revolvers coptra- band, except for peace o: rs. The House of Representatives has pass- ed a bill to forbid the transmission of concealable weapons through the mails. The real_solution will never be reached until such weapons are prohibited entirely, everywhere and to everybody. Doubtless there will still be bootlegged pistols, and most of these will be in the hands of criminals, . But even so, law-abiding citizens will be safer unarmed, The best weapon ‘agai a burglar is a shrill voice cowardly heart. Even the police are no exception to the disarmament rule. Experi- ence in other countries shows that they are safer and more effective if they have no concealed weapons. be armed, he needs a rifle. Revolv- ers should be ‘forbidden uncondi- tionally, to everybody, even against the eee, that the prohibition Given even the Bolshevists their due. They have done what we did not dare—reformed the spelling of their language. Russ spelling, to be sure, was nowhere as ridicu- lous as English ‘spelling t. its worst, but jt was~more unifotmly bad. It will be easier to reform, be- cause few Russians. knew the old spelling, and the past is tabu, any- way. Somé radicals even wanted to adopt the Latin letters of the West- ern languages, but wiser counsels prevailed. To torture Russian vow- els and sibilants into a misfit Rom- an alphabet. would be beyond even Bolshevik anarchy. Discarding use- less letters from the old alphabet and simplifying the spelling was enough. Now Russian children will save some years in learning to read, and foreigners will find one of the chief obstacles to: the contact of Eastern and Western cultures re- moved. Even the Bolshevik wind blows somebody’ good. Rosa and Carmela Ponselle are singing together at the Metropolitan. This is their first appearance to- gether on the operatic stage, but the two sisters started out together as choir singers, went. into vaudeville together only to part when Carmela gave up her ambitions to insure the younger Rosa an operatic career. Recently Carmela, & mezzo-sopra- ho, sang “Annie Laurie” at a meet- ing of the Catholic Writers’ Guild at the special request of Cardinal Hayes. Otto Kahn heard her: and then Gatti-Casazza, director of the Met, invited her to appear with her now celebrated sister. Rosa made her first great success when she sang. with Caruso in “La Forza del Destino” Nov. 20, 1918. That night she was dressed for her part by Carmela who had contigned to sing in vaudeville to finance” her sister’s education for, the opera. New York tailors may say that they put secret pockets in coat arm- pits as protection against pick- pockets, but I know another story. I know a man who uses. such a pocket to carry money that he de- sires to keep from. his wife. He calls it his “hold-out pocket.” —JAMES W. DEAN. and then pour the alum ‘into the ace between the nail and its bed. “This should be tamped with cot- ton to keep the alum in place, and the application should be repeated daily. “Sharp or rough edges of the nail should be removed. Sometimes the efiges of the nail can be raised and held away, pi the flesh by a small flat eof ‘lint. “Of course, if ‘there is much sore- ness, the -shoe’ should have \the leather cut. away from over the toe,” added, wlio” are ‘attending schools in the Ninth Federal’ Reserve district are eligible to compete in a contest .An- nounced today by. the Twin Cities Manufacturers Inc, for the purpose of obtaining the best. design for an emblem to be used im advertising the Northwest Industrial Exposition in ‘St. Paul Feb. 28-March 7. f TITTLE JOE | ABANI: ROLL STRETCH ANY. FARTHER. we pote Whenever a peace officer needs to. |