The Bismarck Tribune Newspaper, May 5, 1925, Page 2

TAX REFORMS TO BE ASKED OF CONGRESS Mellon Tells of Administra- tion in Program in Talk to Bankers d Press) May 5.-A lowering of the maximum surtax rates and a 1 reduction in for the ion of the federal estates 1 probability will recom mended to the House nd Committee by ur fall,” S ary de today in g before | of the Mississippi Bankers | The et said | » it would not be appropri for him to set rth a “definite until the ‘Treasury makes he recommendations to the commit tee in the light of income then avail: | able,” he felt sure “that the argin | £ surplus” would be ample for these reform proper ekson, Mis: rates be Ways the Tri Mellon ddress mber tax ut and econom of raising the} required for the | pvernment,” C rted, “but the tax levied on rates so high business, slacken. ini tiative, distort investments ‘and en- courage avoid of the tax.” “If the position of the income tax s to be made secure we must pre- its essen integrity. We give to the country a law which the most obvious doors of es- e from taxation, without at the time exposing the law to con- tempt by loading it down with com- pleated provisions aimed at but un- successful in stopping tax avoid- levy of rates il an income fair sound mi immense revenue ration of t retary Mellon must not be as to hamper nee ve mu. Se, SUPREME COURT | pppoe Se tS From Ward County $. J. Rasmussen, Pluintiff-Appellant vs. H. C, Chambers, Defendant. and Second National Bank of Mi- not, North Dukota, a corpora- tion, Garnishee. and Estella M. Smith, Interpleaded Defendant- Respondent. SYLLABUS: 1. While the court will carefully seruginize transactions between per- song of close blood relation in ac- tions wherein alleged fradulent co veyances are involved, such blood r jJation does not warrant a conclusion that the transactjon is fradulent; and a transfer of real property by a brother to his sister in payment of a bona fide indebtedness is a valid transfer under Section 7218 Compil-) ed Laws of 1913, 2. An examination of the evidence in this case, for reasons stated in! the opinion, justifies the, findings of fact and conclusions of law found by the trial court. The findings of the trial court an action at law where a jury al has been waived are presump-| tively correct, and will not be dis- turbed unless shown to be clearly against the preponderance of the ev dence, Appeal from District Court, Ward County, Moellring, J. Plaintiff has! appealed from the judgment of the ‘District Court of Ward County. AFFIRMED: Opinion of the court by Burke, J. F. B, Lambert, Minot, N. D., Attor- ney for Plaintiff-Appellant. Campbell & Funke, Minot, N. D., Attorneys for Defendant, Interplead- ed Defendant and for Respondent. : From Burleigh County State ex rel Knudt Herbrand- jon, Plaintiff vs. E. H. L. Vesperman, et al, Defendants and Respondents. SYLLABUS: In a proceeding for a writ of man- damus to compel the Commissioners of the City of Bismarck to rent the City auditorium to the relator, it “Appears from the return that the Commissioners refused to let the! building for a public meeting for the| reason that they had information which led them to believe that the meeting contemplated “was calculat- ed to create and arouse religious and wacial prejudice, ill will and strife— and—that it would prove inimical to #he good will, harmony and good or- er existing in the city”; no attempt or offer was made by the relator, to ‘how that the discretion to refuse to rent the auditorium was not ex- ‘BEreised in a good faith belief in the truth of this information and that to rent the building would tend to bring about the undesirable results anticipated and set forth in the re- turn. It ts held: (a) Bhat official discretion can- ‘pot be controlled by mandamus, Re- sort may be had to that remedy in ‘order to compel, officers to perform & legal duty;. but where the per- —— Stubborn Skin _ Irritations Healed and Ap inh: bISMA ue ‘Five men lost their lives in this with rescue crews about to enter t over the sloping tipple and 400 y of the legal duty involves | 5 of judgment or discre-| tion, such judgment or discretion cannot be controlled or the exercise thereof compelled in a particular] manner (by Th have ad t the City Commissioners etion as to whether and on what term nd for what pur- poses the city auditorium shall be | rented, | (ce) That in the absence of any} facts id cireumstances whatever, | showing or tending to show that the | seretion was arbitrarily and un- the trial court p ssue the writ of mandamu | (d) The limits of the discretion of the Commission in leasing or re- fusing to lease the auditorium are not defined. Appeal from District Court, leigh County tive writ of ing the Judge. Opinion of the Court by Johnson, Bur- terna- ndamus and dismi; action, Fred Jansonius, w AFFIRMED F. 0. Hellstrom, Bismarck, North Dakota, Attorney for Appellant. C, L. Young, Bismarck, North Da- a, Attorney for Respondent, From Ward County e Bank of Fairfax, of Fair- Minnesota, a corporation, sintig’ and Appellant. vs. Blum fendant and Respondent. SYLLABL ‘ollowing Beiss 217;: Stubbins Hotel is held, that in an action on gotiable promissory note, where the maker alleges want of consideration, the burden is on him to prove that defense by a preponderance the evidence on that issue. Appeal from the district court of rd County, Lowe, J Plaintit® appe f ment and from W: fe s from the judg- an order denying: its ict, or for ) AND PB W TRIAL: Opinion of the Court by Christian- son, Ch a new trial. MANDED FOR Crippen, of Parshall, Miller, of Minot, N. ppellant. MeGee & Go: respondent D., Dy s, of Minot, N. D,, for From Ward County ter of application for writ of Habeas Corpus on behalf Alice Solberg. State ex rel Mrs. A, Solberg, Petitioner. In the M. of Sheriff of Wa Dakota, uperin- North nm McClell tendent of the School. id Respondents. SYLLAB 1. In a proceeding under the juvenile law both parents of a child alleged to be delinquent are entitled to notice of the hearing and an op- portunity to be heard before the Juvenile commissioner, under section 11,406, C. L. 1 nd also of the hearing before the district judge on the report and recommendations of such commissioners, pursuant to Sec. 1, Chap, 83, 8. L. 1921, in the manner prescribed by Sec. 11,407. Upon ‘habeas corpus the court ordinarily will inquire no further than to dete e whether the court jurisdiction. The jurisdictional inquiry will extend to the question of the jurisdiction of the court over 61 “DAKOTANS” TO FORD. BRANCHES MINE DISASTER IN PENNSYLVANIA mine explosion at Milgrove, Pa, T he mine. car er working at through the air to the person and the subject matter, nd to its power to make the parti- cular order or judgment entered in the proceeding. : 3. Before the district court, sit- ting as a juvenile court, may mit a child to the State T School, the court must find (a) That the child is delinquent within the provisions of section 11,- 403, C. 1. 191 and (b) that “the — par parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, ed- ucate or discipline such child—and that it is for the interest of such child and of the people of thi that such child be taken fro custody of its p nt: todian or guardian See, 11,411, C, L. 19 Application for a writ of habeas corpus in behalf of Alice Solberg. WRIT ISSUED: Opinion of the Court by Johnson, J. n- ing the parent, cus $ provided in Minot, North Dakota, Attorneys for the petitioner. Geo. F. Shafer, Attorney General, and John Thorpe, Assistant Attorney General, Attorneys for respondents. From McIntosh County Andres Enderson, Plaintiff-Respondent. vs. e Council of the » Me#ntosh Dakota, City of County, Defendants-Appellants, 2 of the , Télating to the di nection of farm lands, prescribe firmatively the — conditions which owners of such lands 1 connected from th of right. In such ¢ no power is vested in the city coun- upon have termine the existence set forth in the law its not delegate any legi either the city council or the court, Nor does it- d power, either legislative person who petitions the ci his land disconnected from is therefore consti of the facts ang docs A litigant can question the va- lidity of a statute only when and in- sofar as it applies to his disadvant- age and there is nothing in the re- cord in this ease showing any con- tract or obligation. of any kind that has been, or might be, impaired and there is no evidence showing that the City of Ashley is indebted in any sum whatever, so that the constitu- tional question of the impairment of contracts can not be considered. 3. Said Chapter 172 of said S sion Laws of 1923 is a general law, —raising feed inste: —raising che kind * + With Cranberries = The mild acid juice found in Cran- berries seems to kill. the tiny skin parasite which is the direct cause of zema and most - skin irritations. With the cause removed, the healing takes place quickly. Cranolene Heal- ig Cream, used externally, is based this discovery. In this cream the nberry juices have been combined th soothing, cooling, healing oils. stantly stops the itching and speed- restores the skin to natural Ith and color: Cranolene sold by gists 35c, $1 and $2.60 or sent aid on receipt of price. Ad- ranolene, Girard, Kansas. id in Bismarck by Jos. Breslow, ist, next to Hotel McKenzie.— For the Olst time, a ‘‘iord’? branch has employed a graduate of Dakota Business College, Fargo. Hilda Kjos has gone to their Mohail agency as bookkeeper and stenog- rapher. Good firms get good help at this good school. J. Ste cently was sent to Swift & Co., Fargo. _ All local packing firms employ D. B. C. help. So do all Fargo banks and 685 others. Employers! Students! Watch re- sults. “Follow the Succe$$ful.’? Unlike others, D. B. C. school year begins June 1-8. Finish at busy season. Write F. I. Watkins, Pres., 896 Front St., Fargo, us! e ity NATIONAT BISMARCK, P. Remington, Presiden J. A, Graham, Vice President and Cashier, P. C. Remington, Jr. and A. V. Sorenson, Asst. Cash. the hill show E. R. Sinkler, and G. 0. Brekke, jly in straw, and quite often un- j cinnamon, gray, red and dull green. cil or the courts other than to de-| ative power to! PUTTING MORE PROFIT IN THE MILK PAIL The City National Bank believes that the problem of making dairying pay bigger pro- fits in this part of North Dakota resolves itself into a matter of— crease the cow’s milk production; . —wasting no feed and labor on cows that don't pay for their keep. Let’s go after bigger profits by raisinp> a liberal acreage of alfalfa and sweet clover, and testing.our dairy cows to make sure which ones are actually earning money for *4 ai] | | i i | | ‘| Phe photo sows the wrecked tipple the mouth of the mine blown n in the picture, of uniform operation throughout the state. It applies to all persons who own farm lands wholly within the incorporated limits of a city, and to all in the same class, which is reasonable and therefore constitu- tional, Appeal from the District Court McIntosh County, Wolfe, J. AFFIRMED: Opinion of the Court by Burke, J. Christianson, Ch, J., concurring. H. P, Remington, Lisbon, North Da- kota. A. A. Ludwigs, Ashley, North Da- kota, Attorneys for Plaintiff and Re- spondent. Franz Shubeck, Ashley, North Da- | of Appellants. RICH IN ORNAMENTS The evening gowns of thig sea- son are rich ‘so that while the lines are simple, it is casy to tell the newer models. BRILLIANT RED HAT The brilliant red hat, particular- trimmed except for ribbon, is often seen, FOR AFTERNOON For afternoon the smart colors are black, navy blue, beige, havane, COLORED LACE SMART Colorea! lace frocks trimmed with chiffon or crepe of the same shade are very smart. ae HOULDER The bow on the left shoulder, i with long ends that flutter down | the front or back, is more popular | than the flow BOW ON the kernel of a fruit a and South America. Nutmeg | found in Af: ELECTRIC COOKERY + 1S CORRECT COOKERY Now Used For LUMBAGO During the past winter thousands of people have used Joint-Ease with such remarkable success in the treat- ment of the most severe cases of lumbago that we are but doing our duty when we say to the public: “When Joint-Ease goes in—lumbago goes out.” A penetrating external remedy for ainful, swollen and stiff joints—60 nts a tube at any drug store and | all pharmaeists.—Adv. ad of buying it; of feed that will in- NO. DAKOTA. nt. [eee 2 SE Sa i St. Alexius Hospital ' | jfor treatment jdrum, Minn.; | Jacob | Mrs. Joan Freeman, Mi looking after and younger sister until thoughtless young girl leaves a com- fortable home in New York and goes West—“to visit an aunt’ in search of adventure. to difficulties while camping in the kota, Attorney for Defendants andj ¢ ed. 2 with ornamentation, |to finish, “Through+the Dark,” Cos- mopolitan’s Daughter of of the most popular of Jack Boyle’s series of “Boston Blackie” stories, was greeted by an enthus appreciative audience showing at the Capitol theatre last night. rapidly and proves engrossing from | ts | CITY NEWS | SSSR) Admitted to the St. Alexius hos- pital for treatment: Miss Norma Hollensworth, city; Robert Risch, B&ldwin; Mrs. E. W. Peavey, Braddock; John Silbernagel, Napoleon; Mrs. J. E. Kane, city; M. *, McCarty, city; J. J. Bohrer, Krem; Conrad Broxmeier, Mandan; Geo, Zachmeier, Mandan, harged: Miss Mina Manly, Me- Carl Entzel, Dodge; H. bowoods; Eugene Schultz, Mrs, Frank Slag and twin Mrs. . Case, Bowbells sons, city. Bismarck Hospital Admitted to the Bismarck hospital Mrs. Lindsey hover; Jen Qua Huff; Nels Frisk, Sweet Br Sher- ard, McClusky; Mary Zinnel, St. An- thony; Dorothy Rosen, Mandan; Myr- tle Halliday, Almont; Schauer, Medina; Ive els, Mott; C.F. Elmer Henke, Han- Al- ‘kham, John Mi t, Lint old G charged Windsot (Margaret s Mollie Oph Jacob Koepplin, L z, Wishek; Mri Miss, Ine rdline Winterrath, on, Ryder; Richardton, Ei A. Pa Jund, Wilton; Beach; = Mrs, Hebron; W. Albert At ELTINGE THEATRE Alice Terry is featured at the head of the cast of “Sackeloth and Sear- let,” coming to the Eltinge for Wed- nesday and Thursday. The picture is an adaptation of George Gibb's novel which also ran serially in the Red Book Magazine. The story is one of two girls, or- phan sisters—the younger a high- flyer, irresponsible, the other level- headed and self-sacrificing. As Terry is always caring for ier one duy the —in reality She gets in-] at least these iron workers, shown giving an aerial’ éoncert on the 22nd story of a New York skyscraper, evi- . dently worked faster on account of aT aor their music, for they made a build- AT THE CAPITOL 4 . ing record of 10 floors in 10 days. Proving itself a thriller from start Canadian Rockies—a guide is involv- the first flicker to the final fade- out. Colleen Moore, who is featured, has come to the fore rapidly in the last few months, but it is unlikely that she has ever appeared to such excellent advantage he does in the role of Mary McGinn, ‘daughter of a convict whose mother attempts to ahield her from the past by send- jing her to a fashionable and exclusive pieturization Mother. M of Ginn,” “The one istic and in its first as The story is unravelled neatly and TUESDAY, MAY 5 1925 See “Miss Lulu Bett” by Zona Gale given under the jauspices of the Senior Class | of Mandan High School at the Forr | Palace Theatre, Mandan, May 03 \8 (Friday), 8:15 p. m. Man- Any Fuel Will Give Heat | dan time. Seat Reservation But:) Gas Stands Highest in| at Paiace of Sweets, Mandan, the Important Tests of a Fuel.! May 6. girls’ school just outside of San Fran 5 ee ee | ELECTRIC COOKERY MEANS COOKING IN CC LACO AND JULGAR WATCHES WHAT SHOULD YOU PAY FOR ACCURACY IN AW! our Lee: the ura the 2 of our W a5) fov a more than of cach ¢ reputatioa’ they have w atories. watches, know the pride watea, @nd our prices a hed for inte nakes, W 2exilain why o We also ladle all the watch inely the Howard, am, in the thir wteiles, maid at will really # action. y that our superior wateh- value but nothing to the F, A. KNOWLES JEWELER — BISMARCK “Gifts for the Graduates our syecialty” W190 exrry oar n ACCURAT nd women ure ¢ leadin Iliinois, as thin TIME TO GET S-E-T for Spring And Summer Driving Don’t throw away those old tires. Roll up here and we’ll set you up with a set of Goodyear or Federal Cords and make you a liberal allowance on your old casings. THIS WEEK ONLY LAHR MOTOR SALES COMPANY You canit fight the Devil - with cream puffs. , ILLY SUNDAY is called sensational. He is. He doesn’t believe in fighting the devil with cream puffs. He gets audiences—and converts. TRUE STORY has been called sensational. It is. This magazine believes in~ fighting the devil with his owh weapons—it gets readers and results, Hundreds of thousands of people jam the biggest audi- toriums in the United States to hear Billy Sunday. He doesn’t believe the road to héaven is paved with soft words. Yes, TRUE STORY is sensational—the Master Him- self was sensational—when He turned to those who-were about to stone a fallen woman, and said, “He that is with- out sin among you let him first cast a stone,”— when He advised the rich young man to sell all he possessed and give the proceeds to the poor—when He scourged the money changers and drove them from the Temple. . Perhaps you decry sensationalism and because TRUE STORY is sensational, you think “something ought to be’ done about it.” Then you have never read TRUE STORY with an unprejudiced mind. ~ _ If you read TRUE STORY with the thought of getting something uplifting out of it, something you can passalong to.others, who perhaps need the lessons it teaches more than you—then you cannot be disappointed. TRUE STORY is life’s mirror. It will not change—un- less truth changes. It will be tomorrow what it is today— the most frank, sincere and helpful magazine in America. We have not known a single instance of any human being, young or old, that has been harmed by reading TRUE STORY. On the contrary thousands have told us that TRUE STORY has guided them through mazes of evil forces and evil influences, into the light of moral sanity and reason, ~- A ministerial board passes on every story submitted to this magazine. TRUE STORY is the only magazine that ever adopted this policy to protect the moral and spiritual welfare of its readers, Indeed, TRUE STORY is such a great moral force that many ministers recommend it to the young people of their congregation and it goes into millions of homes and helps solve the problems of religious workers where the searchlight of truth is needed. Age If to fight the devil with real weapons is sensational, then TRUE STORY is sensational—just gs Billy Sunday is sensational. : TRUE STORY is truly the Billy Sunday among ( ~~ (Magazine > hos ss A Story for June “Bis Wife’s Past”—The dream of Celeste's life w citi Tomance. And her dream came true when she met foolish’ marriage was ever-growing load of sor- row and misery. Atrue-life | story of unusual interest. “a Home in Dis- Lured to New ‘ork by glowing tales of H success, Mary expectedto have an easy time finding ‘work. There were plenty of positions to be had but well Mary's own story which tells what she found outandwhat shefinally did and why. A story every girlwholongstogotoNew [f York should read. “The Fool That 1 Was”— Alice thought, beautiful | clothes, anda superior manner were marks of good breeding. She deter- mined to make a “lady” of herself, cost what it might : But shefal edo foresecthe * price she wou! i BILLY The world’s most famous evangelist in one of his characteristic poses, TRUE STORY |AGAZINE 4th St. & Bown New York City" I want to take ad- vantage of your Special Offer. Ten- ele $1.00, for which please enter my name on your mailing isttore- NY /, ceive issues of true Story IXY Mezarine, beginat YY the June Number. ‘vg des (Ifyouprefertoexami 1e the Mag- ‘azine before subscribing simp: mails 25 cente and we willeend you ‘one copy of the June Issue at once). SKS 4