The Bismarck Tribune Newspaper, November 4, 1925, Page 6

KIEBERT MAY PLAY IF MINOT I$ WILLING ny General— State Board Ru Does Net Specifically Men- tion Local Star » hickeff what wld by positions of the tw PA bad Too defe failiire of Gr pusational succe stands out as a ning wild this score a touchdown kicksoff in the lowa ¢ 80 yards. Geanen ie just-as capable:ula year! as he was last or the ycar before,! but he isn’t getting the same axsist- ance from his two teammates that | he did in his two big, years, eleven, E ter than things as wi di.” neither oe os 4 On a losing football ef is playing a game for would cause much fay ment were it not for his sen: past performances, He's the s Zuppke’s team on defense as as offense, Coach’ Ingwersen of Iowa, who helped sree Grange of Mlinois as assistant coach to Bob Zuppke, sums up the situation pretty well when the said: “Kutsch and Marek are stars, hot there is. only. one ‘Red Grange. Ihave never xen, his eq SECOND~ GUESSERS One vear this time Man- ager “Buck” Washington was: feralted nius’ of the ages In bl had won: aw FOOTBALL PICTORIAL Heldine Ball Fer —_o—_ Place Wick of ball slight ly Ulted back k lets go of the b The kicker simply the kicker is about Tomorrow: Wrong Way Carrying Ball, Another Instance of Grange Modesty af the Jamestown School Has a Separate Coach For Frosh ms to eof them has. ye rid series was defeated | into. play? h in four the record of Ili- two-time — All-Am- Pa _ We see by the papers sume sci ent 11 meaths tryin ‘a i veil | 8 4 on we scales, fe after the manner of oun better class pugilists, MBLE FIGHT. Red crane cut a lot/No wonder Tulane University of New Orleans gave middfe west fang’? surprise when it soundly trounced Northwesterii, 18-2. Previously Northwestern had held tie strong Chicago eleven to two field :goals, But who couldn't play super-football with such a cheer leader ag Tulane of ice durin the summer even ii he isn’t cutting much on the gridiron Wolf Hopper’s ‘a manager! wives, we read, never fails to send the southerners on., Gaze upon rs Draper and the ‘vest of the stor: Amoridsn ‘League pen: hin a. congratulatory wire* when he! iz easy, ___ THE BIsM RUCK TRIBUNE - City’s Sunshine | During October! during the | © sunshine here . according co mum tem- the mont er of th y Cloudy Cloudy . Cloudy Cloudy invari i “Tonight’s Radio | — A concert by the U.S. Army band ure on thi new men By this to improve the standing in the foo provide one year o ule quartet. n Time 1) Studio. program, ¢ Time H Dew is mois jisture from the : the ground and from Tabvedl « former col-, formed dily upon surfaces that | Plaintiff and Appe BK. T. Law. | bidde: MARY DRAPER Here We have Mary Draper, former Follies beauty, urgin Less Than Normal: |gip sing Lee Out to ; name of program, | Constitution of North Dakota, denying ta | jin rate of interest upon redemption | taxes of 1923-or any prior year, and ! redemption is made on or before No- | Constitution of North Dakota, | attorney for respondents, { \ FROM FAR EAST i HIP SING LEE Hip's a Chinese flyweight and a most promising one, too. He's fast, shifty, clever boxer and packs a mean wallop. Crities who have seen in action predict a bright future : oriental, Hip is now on the Fidel La Barba, bantam "SUPREME COURT || EEA SESE PE SO From Emmons County “State of North Dakota, ex rel yb. as Administrator f Mary Cole, de- inti and Appellant, vs. the Board of County Commissione of Emmons County, North Dakota, and Albert Tough, as County Treas: urer of Emmons County, North Da- kota, Defendants and Respondents, Sylabus may not enter into f fe bid= le. A county treas- d to bid in a at such sale in the count; only in case there is no lawful bid therefor by ons relat- | t upon tas zble to the statutory pro’ ng to penalty and inter ated in the opin- 1 Chapter 210, La st upon redempti: of real estate sold to the county for axes of 1923 or any prior year, and I held by the County provided such redemption is made on or before No- vember first, 1925,” does not contra- ven ions 16, 20, 69 and 70 of the Appeal from the District Court of mons County, McKenna, Judge. aintiff appeals from a judgment ‘i pplication for a Writ of ndamus to compel the county trea- of Emmons county. to accent | s tendered in payment | certificates and subsequent es held by Emmons Coun ainst certain lands in that count Reversed. Opinion of the Court by Christian- : Rieter of Hebron, N. an S} Jungers, of Hebron, N. D. \Henry Espeseth, pellant, vs, W. J. Ha ‘and _as Sheriff, W. L Peterson 3 ch, Deputy Sheriffs, D jants and [ A taxp personal property ti ue and delinquent, reement and contro’ ithe the collecting officer as to the 2 |amount of the costs sought to bei the city. The court held | charged, is not entitled to equitable | rants lrelief against the collection thereof of | pul ‘by distress and sale, where he hus | & i neither paid nor tendered the amount lof ihe tax and costs properly charge- ppaal from the District C fe County, Hoh. John C. Lowe, ! A Fiemied. | Opinion of the court b E. J. Mellraith, of Cro: for Appellant. Compan; a. Respondent, vs. | Defendant ee Appellant. | SYLLABUS In an where the evidence goes to establish | an original, tortious taking of the | property converted it is not essential to make or prove a turn of the property. Wh he in plaintiffs © con! que ation of tial, and | puted or controverted b. idence in the evidence and the inferences, Af any, 1 | wh h fairly and reasonably may be | drawn therefrom, point to but conclusion, {ter that fair and reasonable minds could not differ as to the concl to be reached therefrom, there is no question of fact or issue of fact upon | h question to be submitted to the ale kK. T. Lawler, et al, as Members of | A witness who has had charge f personal, property for upwards of four year: |taking by another, who had secn the property frequently during that time, had checked it ove: who had knowledge of its con- n, its state of repair, i Under the laws of this! ed himself of the cost of such prop- erty, and who testified he knew the Jreusonable value of the property at thereof, is competent and qu after such fact: to tes the time when, and at the place where, said property is converted. For reasons stated in the opin- ion, it is held, that the verdict in the instant case is excessive and that a plaintiff will consent to. a remission Appeal from the District Court of Burleigh County, Hon. Charles E. Modified Opinion of the Court by Pugh, ) Bismare son, Ch. J Arthur B. s, of Napoleon, N. Be Scott Cameton, of Bismarck, , attorneys for appellant. hurles Coventry, of Linton, N. D., ondents. Cl attorney for res NORTH DAKOTA The State of North Dakota, ex rel Arthur B. Atkii as Admin: strator of the Estate of } , deceased, ler, A. Gruenfelder, daed Sehall, Ed McConville and J as mem- 3 of the Board of County Commis- ioners of Emmons County, North Dakota, and Albert Tough as County ‘Treasurer of Emmons County, North) Dakota, Defendants and Respond- | of this state a into competitive | bidding with priv bidders at a tax | Je, A county treasurer is author- | ized to bid in a tract of real estate at such sale in thename of the county only in ease there is no lawful bid therefor by any private bidder. ae ‘The statutory provisions relat- to penalty and interest upon tax oa les certificates are applicable. to certificates of sale issued to a county well as to those issued to a private 3. For reasons stated in the opin- ion, it is held that,Chupter 210, Laws 1925, which provides “for a reduction of reab-estate sold to. the county for still held by the county provided such 5,” does not contra- vene Sections 16, 20, 69 and 70 of the (SylNabus by the Court) Appeal from the district court of Emmons County, McKenna, Judge. Plaintiff uppeals from a judgment denying his application for a Writ. of Mandamus to compel the county trea- suret of Emmons County to accept certain monies tendered in payment of .tax certificates, and’ subsequent taxes heldjby Emmons county against certain Iduds in that county. Reversed. ‘ Opinion ofthe court by Chr son, Ph. J. 6 et B. Atkins, of Napoleon, N. . and Scott Cameron, of Bismarck, "Dp. Attorneys for up} ellant. Monies Coventry, of Linton, 'N, D., From Morton County Elm ,Creek School District No, 21, Mercer County, North Dakota, a Pub- he Corporation, Plaintiff und Appel- lant, vs. P. S. Jungers, Defendant and Respond SYLLABUS: 1. Equitable relief: siuy be afford- cd against a judgment where it ap- \ sentation of the plaintift. able relief against a Fa judgment, Appeal fro . 0. Helistrom, Bi and Theodgre Kofiel, Bismarek, D., Attorneds ee | MANDAN NEWS | {Se aieemratna a iilcay Members of the. Black Bear patrol. one of the four patrols of | M: Seouts, were entertained Monday Hanson. Futhers of American. Legion mem- bers will be included. in the prosraiy pears that the defendant in the; ac- tion in which the judgment. was. ob- tained had a meritorions defense, but, without fault or negligence on his part, was prevented from interposing, lit by, the fraud, deceit or misrepre- 2. For, reasans: stated; in, the opin- ion; it is held that the complaint, in the instant case states facts suffi- cient toventitle the sna ee iad equit-, istrict Court of Morton ey Tenbie, J. oaintide alaint. P Reversed. {son, Ch, 3, appeals. from an’ order pustaining a demurrer to the com- Opinion of the court-by Christinn- D5 for! ‘| Annex sob siunee Bantam Division Title From Divide Count, spondents. yer wh not pay | concede! ause of a with urt of | Nuessle, J. , Attorney Wooledge, of Minot, Attorney | From Burleigh County First Regiment Ni National Guard ‘corporation, dmund A, ction in conversion, | demand for a re- evidence offered to nd is of such a chi ‘ion immediately prior to the u number of y, the cost of re- nts, who knew or had inform- ace of the ti and ified, re laid before the measure of damages for on of personal property reasonable value thereof ut 1 must be had unless the nount stated in the opinion. Judge. ithe Trust comp: ‘ducers [is often expressed, that most people fy to the reasonable |V value of such property, In the absence of a market therefor, th / WEDNESDAY, NOVEMBER 4; 1925, for Armistice day in Méndan. The! War Mothers and*the Legion Auxili- j ary will setvg, theyannual banquet, | Transferee of °: City Warrant It Not Liable The supreme court today affirmed the decision of the Richland county district court in the case of the Da- kota Trust company the City of. Hankinson, which was pealed by that war- ed by the city in payment improvements are not ne- | gotiable instruments but that in ‘where such warrants are transferred the transferee is not’ subjeet to de- fenses subsequently arising duc to the failure, of the-contractor to com- plete the work according to plans and specifications. It was further held that the y owes it to the holder of such warrants to levy a special sment-to pay them and that fail- | ure to 1 i subjects the city to a ji was apped court by the. city following or of the plaintiff in the lower court. The action represented a effort by | from | the city on {$1,000 given by the. city to the John O*Connor company in’ consideration of city improvement and sold by it to the. bank. When the bond be bank demanded fused to honor it and the cas carried to the ‘Richland county trict court where the claim of the bank wi Hl peal to the supre of Hankinson wand errors by th of fact, w ju “by Hoth partic 1. Will Make Effort : to Popularize Honey as a Food in a-nation-wide effort to stimulate jthe consumption of natural sweets, as a food will fr akota Beekeepers during: N ovember ous forms will” constitute share of the movement. The opinion do not buy honey because the | ers’ | flow A [exceptionally good, that in Aus i favorable w sion of warm, bright tention is not. called to it, Webster, 5 Honey to Replace Sugar The per capit honey in the United States be only about pounds, — while ers belive that honey could very. w place a portion of this huge quan of sugar, and that becattse of it te Lever would hold the pl: hus gained in the popular die ‘North Dakota's honey erop in 19 1 short of last 3 F. Miller of de, preavient of the State ‘Beekeep: nd affirmed, Johnson and Nuessle, JJ., being di qualified, did not participate; Pugh and Berry, F their stead. Burke, J., dissenting. Newton, ‘Dullam, & Young, Bi a District Judge: d Zuger & Tillotson, ttorneys for Ap- arck, N, s for Respondent. dan at the F. W. McKendry 1 Kendry and. Mrs. I Covers were laid for 14. There need be no cheer- less pare.ngs § when you know that’ ‘long distance” will always keep you near loved ones, no matter where you go. Many-,a’ traveler’, uses. thelong distance telephone for a frequent chat with home folks. It is personal, banishes worry ‘, relieves anxiety. tance” your home number nonnds’ of * ed. Beckeep- | 1 in terms of average production per | f: “11 Gall-You Tomottow Evening” iE you give “Long Dis-’ YOU'LL SAY {They’re Hot” When You See the NEW TIES We're Show- ing J. V. Broameyer OPPOSITE POSTOFFILE OPEN EVENINGS While the nd during July jat n Jate Jun ppointing. The bulk o nd the colonies are usually strong bees. Honey bees, however, must As 1 not the hive: ar, order to encourage be leave home in HI There is a direct re Refinishing Latest modern method. We -also do automobile Top and Curtain work as well as ali kinds of Upholstering Work Guaranteed. PAINT SHOP 8rd. Floor at LAHR MOTOR SALES CO. and say that you will talk with anyone available, station-to-staticn service, for: which the rates are lower, can be used. Evening rates are in effect on stain: to-station calls from 8:30 p. m. to midnight when the day rate 1s more than 25 cents. If the day rate is 50 cents or more, the even- ing rate is about half the day rates rAsk “Long -Distatice” for the rates to any.town, at any time. » (will consider a trade) 70 shares cf the Bowman Furniture Co. stock. . OFFICERS: C. W. MeGray, Pres. Krist Kjelstrup, Vice- Pres. O. V.., Bowman, Manager. - afte INQUIRE OF 5s _ .W.E. PERRY -Bismarck’s Exclusive PARLORS 210- seh St. heey HORE a in North Dakota is usu- ather conditions, or the betwee temperature and activity of bees. Use Gas. It’s the Scientific seco