The Bismarck Tribune Newspaper, March 3, 1925, Page 6

‘bon, “Attorneys for Defendant Appellant. ant ney for Plaintiff ‘and Respondent. John J. Corbett, of St. Paul, esota, of Counsel, for Plaintift an | Respondent, Sports HOPPE IS PUT Legislative F. J. Graham, of Ellendale, Attor- anal OUT OF GAME) Chicago, March 3.—Willie Hoppe, go s champion at 18.2 Bolkline bil- iards, tonight lost his last chance © retain the title in the internation- al ship tournament here when he was fefeated by Edouard Horemans, Bel- zian champion, 400 to 3G in 7 inn- ngs. Hoppe’s elimination shampionship aspirations of Inke Schaeffer, who today won his} made the young “eat by Suzuki, Japanese player, 400 to 176 vings, even brighter. INDIANA WINS OVER ILLINOIS: p Bloomington, Ind. March 3.—In- pliana went into second place in the; western conference standing and is} “eading Illinois which dropped to third | Rlace by half # game as a result of She Hoosiers 51 to 33 victory over | Michigan last night. It was the sec- qnd defeat Indiana has “handed qfichigan this season. The half ended with qe 20 to 15, ‘PETROLLE AND « LEROY BEATEN b a Fargo, N.-D.; March 8-—Russie Le- woy and Billy Petrolle, Fargo light- veights, both lost decisions in bouts at Philadelphia Yast night. “Babe” | tuth of Philadelphia received the pudges decision over Petrolle ufter #0 sensational rounds, Petrolle was | Tnocked down once, y Danny Cooney of Trenton was’ giv- fn the decision over LeRoy. Both goxers fought hard. beating Kamakichi in ° Indiana lead- ' : SUPREME | COURT j wig gd From Ward County | Overmoe, v ti I Plaintiff and Respondent. | 2 vs. C. Penney Company, 2 for- tign corporation, | d Defendant and Appeliant. 6YLLABUS: 1 1. Byidence examined and held in- ufficient to justify the verdict. © 2. Plaintiff cannot recover for an jury which is. the proximate | Yesult of his own indeperident ac- sion, 1 Appeal from the District Court of Ward County, Hon, Jno. C. Lowe, J. t Defendant appeals from jadgment| Sn plaingit’s favor and from order Penying motion for new tridl. REVERSED AND REMANDED. 1 Opinion of the Court by Burke, J.: 4 Francis Murphy, Esq. Fargo, ‘North Dakota, Attorney for Appel-; ant. C Halvor L. Halverson, Esq., Minot, Siorth Dakota, Attorney for Re- ppondent. 4 thorvald Hustad, c Plaintiff and Respondent. vs. anternational Oil Company; a gorporation, Defendant and Appellant. ae, 1, Where contributory negligence 3 interposed as a defefse to an ‘ac- ion for a wrongful injury, an in- Ptruction is erroneous which directs e jury to find in favor of the plain- iff on certain facts, stated in the Siarge, without any reference what: ver to the facts that tend to show gontributory negligence. Such a jharge amounts to mis-direction, In- tructions that direct a verdict upon ahe finding of certain facts should fot ignore any theory of defense tpstified by the pleadings and having| uppoft in the evidence. -° 2. Failire*to instruct upon esstn- eial and controming questions in the Gase, for retigons stated in the opin- ¢pn. held. error. pi Appeal from the District Court of (Ward Codity, Lowe, J, - WEVERSED: i tr Francis Murphy, Minot, North Da- tlota; aftorney for defendant and ap- nellant. inkler & Brekke, and Palda & eeaker, Mindt, North Dakota, attor- meys for. plaintiff and respondent. in ti From Ransom County ‘oot Schulze & Company, a leoreign corporation. je ei and Respondent. ie T, SkeMington, et al se Defendants. lai. S. Bixby, i Defendant and Appellant, SYLLABUS: 1. If.ih the examination of a wit- ess the purpose’and purport of the gop mony, sought to be elicited are parent and on objection thereto e ruling of the court is that no ‘ase or defense can be made on the (heory on which the testimony is fered, then no further offer of of is necessary in order to enafile proffering party to test the pro-' wv of the ruling on appeal. 2; In a suit brought on a written tract of guaranty which, among r things, recites that It is mu- ually understood and agreed that js guaranty shall be binding on, ry ‘party who signs it,’ whether be signed by any other person mov”, evidence of a contempor- ous parol agreement that Pf rel ‘was: not to be delivered and a contract unless and ei zd third party ‘should sign the is not objectionable as tend- ‘tq vary and contradict the terms written instrument. from the District Court of (Cotnty,' Hon, Geo. M. Mc- ‘Judge. Action om a written of guaranty. From a judg- 18.2 balkline billiard champion-{ lyards at such | { Calendar { Killed by the House of a bounty ‘of $4.00 for wolves and $2.50 for whelps. moneys and credits, and jthe taxation of corporate excess. S. B. 288—Carried an appropria-| the purpose of Igri straight victory without a de-) {tfon of $15,000 and authorized inl Commission to make an 5 in 14 in- | investigation for oit and gas in North | {Industrial ‘Dakota. |S. B. 179—An act to safeguard the {distribution of certain dangerous leaistic or corrosive acids, ulkalis, ete.; introduced by the committee: on Women’s and Children’s Welfare | fand similar to bills passed in other | munity state aimed to branding of all lies. S. B, 240—Repealing presidential | preference primary. S. B. 239--Making it a misdemean- or for guaranty fund commission members to “fail to examine a bank within three days after the state bonk iner has certified any ir- regularities. S. B. force “poison” 279—-Provided a penalty to law which prohibits a bank seizing ‘deposits in the institution or other securities to pay other obligations of depositors to the institution. S. B. 200—Required that banks and ‘trust companies shall “carry one} liourth of its net profits to its sur-| [plus Tund until the same shall amount | to 100 per cent of Its capital stock.” | Vassed hy the Senate Hi. B. 34 —Appropriutes $147,329 for the School for the Deaf at Devils Lake. Passed 49-0. Il. B. 58—Appropriates $86,100 for salary and expense of ‘the Game and Fish boatd. Passed 39-10. H. B. 40—Appropriates $13,600 for {salary and general expenses of the Commissioner of Immigration. ed 404, HB. panies 91—Requires raitroad com- to maintain suitable stock- all stations when ordered by the state board of railroad com- missioners. Passed 32-16. H, B. 92—Repeals the require- ment of military instruction in the state normal school at Ellendale. Passed 49-0. H. B. 143—-Makes. midnight or “night time” raids on poultry yards and hencoops a felony punishable by not less than 6 months in the county jail and not mbre than five years in the state penitentiary. H, B. 180—Amends definition ‘of intoxicating liquors so as to include “or intended” in following “one half of one percentum or more of alcohol hy volume which are fit or intended | for use for beverage purpos H. B. 27%5—Carries an appropria- tion of $60,000 to care for wolf and magpie bounty for the year 1923. H. B. 289—Provides that school- houses may be moved to other places within school districts under certain conditions. Passed 40-9. S. B. 295—A concurrent resolution to pay the expenses of the joint com- {mittee on. interstate bridges for the recent trip to St. Paul to meet with like’ committees from other states. Passed with 47 votes, two senators absent. Bills. Passed by the House S. B. 9—Carries an appropriation of $19,450.00. to reimburse the De- positors Guaranty fund to cover a deficit. Passed 57-54-2. S. B. 152—Appropriates $12,000 for purpose of Paying claims ‘proven be- fore the state tax commissioner aris- ing from over-payment of income taxes undet the 1919 income tax law. Entérgency clause passed cites that $9,695.50 due taxpayers. S. B. 216—Appropriates from war history fund $400 for clerk-hire for commission. -Passed 100-1. S. B, 289—Provides that trustees of trust estates may lease, mortghge or sell real estate upon application be- ing made to the district court by the administrator or beneficiary. | Drayton ton Store Destfoyed By Fire Drayton, N..D., March 3.—Fire which destroyed the franie building occupied by the Nordstrom Bros. grocery store Monday afternoon caused a loss to the building and stock of about $12,000 and to ad- joining buildings of about $1,000. Insurance totals about $7,000. The fire is supposed to have started from a defective chimney. Too Late To Classify WANTED—Girl for general appliances. Phone 967. LOST—Five dollar __ bill. reward. Bismarck Tribene Company. FOR RENT—Large furnished downstairs, Cail phone 1055-J. 3-3-2 LOST—Cadillac Hub ‘Cap on McKenzie Hotel. FOR RENT—Mareh 15, five Gussner, FOR SALE—By owher, tage of & rooms and bath, new! ido meet, defendant J. 8S. tares, dbuble gamage, shade tree: Owner léaving city. bune No,:942,. @ POO TIA Tas ead TENE WAT ADO S. B. 261—Provided for the paying | mature | S. B. 206—This provided for a flat tax of five mills on moneys and cre- dits and repealed chapter 307 laws of | ed principally to the passing of rou- 1923 relating to the exemptions of | tine bills, a letter was read from the! repealing | chairman of a committee appointed chapter 305, laws of 1923 relating to); by the Pass- | house work, all modern conVentences and 3-3-1w Finder please return to Tribune office for 3-3-8t WANTED—Woman with bookkeeping and stenographer experience. Apply 3-8-tf room city streets, $1.00 reward for return to room modern house at 305-12th St. Jno. 3-3-8t Modern cot- a (CORR YIELD REFLECTED IN 4} CITY REPORT Shows S 258 Loads Weighed During February Gs meeting of the City Commis- | sioners last night, which was devot- Association of Commerce, American Legion and Company A, for ascertaining if it would be poxsible to provide an arm- ory for Company A. . ‘The letter requested information| on the city’s attitude toward turn- ling over for such an armory of part |of the 50 feet Which they understood ithe city owns north of the Auditor- ium. The building, the chairman stated, would be available for com- ses. corn shows. auto shows, jexhibits and displays, and meetings jof the Legion, etc., the money to be raised without resorting to a drive or asking the city to assume anv indebtedness. The Commissioners discussed the Proposal, and declared their willing- ness to issist; but inasmuch as the city owns only 26 feet, and not 650 feet as the committee believed, they jdid not consider the City could, be of | j much help. The City Weigher’s report for the month of February was read, the to- tal number of loads weighed | measured at the City Scales totaling 2,345, and fees earned and turned jinto the City Treasurer, amounting to $234.50, The report showed 258 loads of corn were weighed during | the past month, | The Health Laboratory's report of jthe Analysis of Milk Samples taken during the month of February, w was published recently, was read to the record; ‘Scott Zitimerman, 1é Control, announcing his intention of returning’to the city for five or six days as soon ‘as the weather permitted to complete work in the Bismarck! Anti-rat Campaign and at the same time poifon the rats at the garbage dump. N. D. GRAIN ACT IS ATTACKED IN SUPREME COURT j_ Washington, March 3.—Rearg’ ‘ment of the North Dakota grain |erading case brought on by an appeal ‘by the’ state inan effort to sustain every automobile on ‘the. chi at finding liquor and thus’ subject. all persons lawfully ‘using the highways to the inconvenience ‘and indignity of such a “search,” Chief Junti¢e + Tat]? asserted that “those lawfully within] the country entitled to-use the ‘public }:.; highways have a right to free pa! sage without interruption or searéh unless there is known to’ competent official authorized ‘to search, “pyeba: [| ARE APPRO and | ble cause for believing that their ve- hicles are carrying contraband or legal merchandise.” HEAVY SALE FOR KRESLAR: Pat Advanice Seat ‘Sale Iidivates Big Crowd to Hear’Him Fritz Kreisler, the: great violinist, who is making a tour of this country under the management of C. J. Foley of Boston, is the possessor,of three extraordinary violins. is rather small Stradivarius, not large in tone but of exqui quality, which"he uses often for recitalg in small halls. The second is liano, the work of one of the and most famous of the Italian vio- lin-makers who flourished in Flor- ence in the first half of the seven- teenth century. The instrament; however, that he uses the most is one made by Josef Guarneri de} Gesu which was formerly thé pros perty of the great Wilhelmy._ This Guarnerius is one of the fin- est instruments in existence and it would be difficult to compute its val. ue in dollars and cents. The chance: jare, however, that if it were put, up, for auction at Christie’s in London it would bring from fifteen to twen- ty thousand dollars, It is a large in-’ strument with the big mellow tone characteristic of its kind, and Kreis- ler uses it almost entirely when he plays concertcs with’ orchestra, He has other instruments, of course, but these are the most famous. : Mr. Kreisler appears at the Auai+ torium here Wednesday night. The, advance sale of seats is heavy. 150 MILLION IS PUT UPON FINAL DEFICIENCY BIL wae Washington; + The: fitted] deficiency appropriation’ bill’ was} sent back to conference today by the House with a rider to authoriz fenditure of $150;,000,000 on’ pubtici buildings, Diseased plants cause Ainertedi o-! acco growers an annual loss of $25, 000,000. \constitutionality. of the law was closed in the Supreme Court today by D. F. Simpson, representing the | amen G in Company which won in the lower courts in its attacks upon the validity of the. law. Replying to inquiries of the court, Mr. Simpson insisted the prevent law all essential particula: the sunte as the act of. 1919 wl was declared unconstitutional by the Supreme Court. < Hold Agents May Stop Autos To Look For Booze Washington, March 3.—Federal prohibition agents may lawfully stop automobiles and other vehicles and search them for contraband liquor jWithogt 2 warrant, the supreme tourt decided in a case from Michi- gan, brought by George Carroll and John Kiro, Im another case decision, brought from Géorge by Sig Samuels; the court held that states may, under the constitution, make unlawful the po- session of liquor acquired legally be ace enactment of the federal pro- pio Chief Justice Taft delivered the opinions in both cases, Justices Mc- Reynotds and Sutherland dissenting in thé former and. Justice Butler in the latter. Declaring that “it would be intoler- able and unreasonable if a prohibi- tion agent were authorized to stop —<_*—~—~—_ BTUs for Weak, Nervous’ Women | MRS. HENRY MOON Madison, Wis.“I make the fol- lowing ‘statenient recommending ‘Dr. Pierce’s Favorite Prescription be- .cause F have taken it.gnd:my mother: and sister have! used it also. We were all gréatly benefited by it. When I was run down, weak and:ter- vous, a few bottles of this remedy built me up completely ‘in: ‘health and strength. I believe thete better tonic for Women: than ‘Dr. Pierce's Favorite’ . Prescription.” Poe Henty Moon, 133 S.\ Franklin t vy ‘tion today from your Your healt is your most Yelugble painted, east front, built in fea-|asset. So, why not get this Preserip- druggist or “Write Tri-| write Dr.: Pierce, President of the The largest clam bed in the United States lies off the southwest coast of Florida. Paint keeps plaster from harden- ifg. Electric Cookery Is Better Cookery. "FOR SALE : Scratch Pads in three sizes, 15c per pound. Tribune Co. 2 "board, H. B. 40," ‘| drinking or not. ‘Jendar. pa ay taNs Packs The budge pinta ¢: sthite schoo} for the Deaf at Aig Lake went through the state senate ‘Withot " jopposition "yesterday afternoon Wi an appropristion o¥ $147,828 ‘for ” operatfon of the” instifation ‘during the coming two ce ny Loe ‘Tess thi, tte 2 This’ is only amount’ reéomiiended by the “state budget board.’ The dill passed the house ¥everhl Wee¥s ao. Other impoWtant hfipropriatfon bitte: which went throimh the senit byte! H. B. 38, tari $80,400 for ‘Jexpenses of the’ sfube fame Avid * s| cane to the president, was vote of 168, to, 14, approved by eighth circuit . were overburdened with work and. needed Askietence) ‘to. clear their docket: The eighth : a ‘WésGth, Towa, Missouri, Arkansas, Ne- alee Colorado, Kansas, North Da- , Sd, Dikta, Wyoming, Ok- in, Utah ‘sind "New Mexico. Siyctert, N. 34 *Marc! hic holiday was decteed 1 tae | today in celebration of the 75th wedding’ annivérsaty of Mr. and’'Mts. oth C. Demarest, 97 ahd 9, resyec- tively. “Silver ‘thread’ afiioni the gota” ‘gid’ ‘otHier “old time favorite airs were sung before the ‘Demarest homestead by 25: ‘sthéol thildren. ‘A’ small box of wedding ‘take, duit- ‘ably iscribed, Was given to all who Rt ene, ‘The Defharests’ were ‘married Mar. 1f'2, 1860, in _ the Dutch” Reformed $13,500 for the state imimi§ ment con tment, ‘and H. B, 276 ‘opriating® $66, Yor the payment’ of bounies wolves, coyotes and magiies. -* There was no debafe’on ‘the ‘pass-, age of any ‘of these measures. Liquor ‘Bin aetad Poor quality f moonshine fiquor will be outlawed as a defense by. those arreSted ft mahbTatturing selling it “ander the terms of H. 180 which pabfed the” senate this afternoon, and makes the penalties, for the manufacture ot’ sale of’suth liquors run against al} booze “in- tended” for drinking purposes re- gardless of whether it is fit | for, f, on’ The obsolete provision requiring hnilitary training at the state nor- Ynal school at Ellendale is repealed im H. B. 92. passed by the senate yesterday afternoon. The largest vote registered against any of the bills.on the calendar yes- terday was on H. B. 91 which com: pels railroad companies to install, and maintain suitable Sear nga at points designated by the’ state ri AE way. commission. The bill passed” to 16. ‘Another railway measure © which Was on the cdlendar Yor yesterday afternoon was put over to today’ 8. cal This was iB |, which’ gives the state antwey a nieaite blanket authority ‘to order such ih- state railway rates as it may see fit: ‘This bill passed the Rouse after strenuous opposition on the part of a number of ‘Independent represen: tatives who claimed the’ powers which it cénfers on the railroad com- mission might be used as a political: cto. {NEW CIRCUIT JUDGES ASKED! Washington, "March 3.—A senate’ bill providing for the appointment of" two additional citchit judges in the} eighth circuit whs passed’ today by, the house. The measure, Which now goes to| over 260d lihes— The Gossard’ Line of Beauty Elastic Belvadears Reducing Garments Brassieres _, Lacing Corsets The complete You can’t tell you wear one. : A. W. LUCAS CO. Have Us and oa erry ol i ih daranieze ‘Your Op! a ed Supplied Here, . i* PA. SNOW | Jeweler. , Bir Chir ‘opractor’;, . Consultation Freee’. Tnvalids’ Hotel in Buffalo, N. Y., for ‘8-B-4t,| free medical advice.- desire a trial pkg. of tablets. Send 10c if yous —Ady. furch at Preikness. Only one Petey Poltis, of four children, aurvives. ‘here are six ‘| grandchildren and‘eight great grand- By M I, of the University of North Dakota which Friday met the A. C. first Yeir men. This is the first contest:| played between freshmen basketball quitits of the two schoo! Men ‘oh whom the University a hopes for’ a ‘victory included Liat Watkins of Fargo, former high |i schobl ‘all ‘state ‘man, Charles Ed- wards of Casselton, Gene Lavoy, Deer Rivér, Minn., and Del Bjork. lang ‘of Hopi Break’ a ‘Cott: aight up’ with — Cold‘Cérnpound” Take two ‘tablete every. three houre wl three doses are . The first doe sive eived SUA econd and third Had spun tetaly| ‘Bredk tp the cold. leatant and Just a. slim’ ‘girl, maybe, She i is the aétive partnerin the business of rinsing a Proponents declared judges in a Wadena, Minn. March 8—John Goitigs, Carrington, N. D. ‘man found | murdered here sevéra: ‘weeks ‘ago, was not the husbind of Elizabeth | Goings of New York, Chief of “po- lice. Jassabe annoinced - today. Mrs. Goings wrote to the thief a ter. she hdd seen accounts of ‘the finding” of Goings’ Body‘ in ax corn; shock last fall. She said he and ed the description, of: her husband who left her and her ‘child two years ago. ore lay Chiéf. Jéssube ‘received a letter from Mr Goings - replying to one ‘sent er in Which He enclosed plotograph ‘of. the “murdered may. She'said “tht John Goings Was not her ‘Dosband. BANDITS MAKE $30,000 HAUL St. Louis, Mo.,-March’ 3.—4Fibe armed men entered the Mound City Trust Co, today, held twenty employ- ees and patrons ‘At bay, and escaped. With approximately. $30,000. One was shot, was fired-by a rob- but no one was woupged. For Creaky Joints., “gant! Shp Co \, fhe. Riad 4 pplication called? "Foints you" want to know what real iat comfort is. ft's for sttf, swotfen, or ‘pain-tor- tored Joihts Whether edged by rheu- matism or not. , A few secbhds’ soaks right in throogh skin, and flesh ‘right doWn to'liganient and bone. At oils up Gnd, littbers up the Joints, subdis ‘the inflammation dnd reduces the swellin| Joint- Bhse is the ohe great Yemedy for all joint troubles and Cowa Drug Store, Finney’s Drug Store and Len- ‘hbrt’s: Drag Store and other live dtifggists are dispensing it daily— ‘a ‘tube for 60 cents. Always: yemembei when Jdint- Fase gets in joint misery gets Ls d rubbing and it 2x3- 5a 4X6 15e :per pouiid Ibe || ‘Special Sizes Cut to Order 95e per’ pound BISMARCK TRIBUNE Job: Printing. Department: or a * ack woman with is hers! eyes and white hair — but What a respo' ually Is rs! i home. She buys most of thé thitizs ee hottie life happy, healthful and beaut sere safe fingers goes thost of thé family one i wisely and well itis slirtt, thai compare you” wa itid the same clever purchasin in ee “are | pri 1 cal i Tind the.1 ‘ang ‘ purehasing ki agents than meh her eually pent too—far better the; erage mafi-eould spend it Seaele one, ey , ‘weigh values and shop carefully. | advertisements ‘regularly, .Every day’ wise little hoine: iisnager searching the Pea bee columns for fhews that wi , convenience and improvement of ‘her home, You agent studying tlie ll sa to the com- itisements to find wheré ahd when to buy, an what iow to buy: most econtynt 1 this résponsive ai directo more idme more begutiful romically... e advertise sfits, low she can nidke ‘ndividiial—-the kihd of, that rant eee ‘but fever knows ito ow is