The Bismarck Tribune Newspaper, December 9, 1925, Page 6

PAGE SIX ° : THE BISMARCK TRIBUNE | cioaiie PoMelvin Tanke: "\t-Round star BOARD PICKS Sports| es So eave MAJOR LEAGUE a OFFICERS ARE | IN SESSIONS Crossings Designated on | Harmony Prevails Except in Soo Railway Internation: League— ceding acros » crossing, Salary Argument | conditions proach to the In many Id to be of ob view k approaching motor) vers were held .dan- gerous use of switching move- ments across by-curves, cuts and ar natur h pre- ted clear and casy 6 On Missouri Division ull stop erossings on the M ver division of the S e designated as follows: Napoleon, Logan county, two crossings of v Jay reets one crossing of the village street and another west of 1 Ask Return of “Resin r Dickey county, village streets’ Lidger- : eg neeny swood, Rich! nty, village ‘ . ’ street; Hankinson, Richland county, his. bouts, ‘ county road; State highway No. ; ic three miles nor an rhe leigh county; Wilton, Burleigh ¢ 1 t t MELVIN TAUBE, i 4 ty, state high w By NEA s rview road four miles nce “ity road we: Feounty; R MeLeun ¢ Village’ streeets; Benedic county, vil have conn lose to 400 yard uty traveling of Taube's h cepted, indicating ae- > vil hat a qu: aw horseh LEWIS THROWS MUNN'TWICEIN == On second thought, a nominal | champion may be some top eros on the Minne-/ sota division were designated idd ! lows: Hankinson, Richland bea fi H of s Ten hone county, main street; | Taube, roit, will) Valley x s county, county fin reer next Wimbledon, Bar- | tain-elect of the 1926 "third avenue; Courtenay, n county, vill: street; Car- ngton, ste county Highway and street ut cast end of de. > Wells county, joule | | Highwa Ed . McHenry A Burling: v county, and Chica a wonderful p the Badger ize fighters tour- | roll, Detroit piteher, GROW. times did Jake Schafe lefended his claim. Papyrus miles west of town . labraghc ‘ollevian lisht “Hoppe fur the | Colton avenue; Foxholn d coun- Big Nebraska Collegian ining ced ehuy mn wh rn 4058 anc ty, main street: Dor H fe scar i ects won the tithe without mee ilie nd 1925 in tourna- ville county, village 2) Flay Groggy From Effects of Mo ment play and successfully defended, ton: Darke ae i eg on ie the crown nother occasi und 9 Lewis’ Headlocks Famous Busts : [whe Winnip Pouii ~ | an 190 ; ‘lier county, count east of town (Ryd Carpentier [football at Mich lo Southam, Ramsey county, road the | » world’s heavyweight wrestlit Ganna Walsks Ramsey county, cou : championshi last. night real low, Venu | Ben road 0 different throwing. (Big) Mann, | fof town; Harlow, county, Neb an, twice in thr i} ‘road one 3 Silva, falls tch be least spec are town + Pierce of th from the effects big Jeague mia county, township road, one inile east; @ new s headlocks, Munn xpent one whole day. wra fot town. j been was pinned to the mat in the f dates, | fall a wominutes a Lew i . zHalf-stop crossings thrown him from the ring ar p ng The show Lefty Gre 1 on the Mi f out hin , Was the man in the Americas < follows: sogan county, vil mace: hi had tossed But he ! street s Fullerton, Lewis fre Wasn't half as wild as Connie Mach, DEFEATS RANKLE : i P street parth: ber of packages of tl Wine paid S100,000 for hin Iain 6 Aaketh fou county, vill ; juniv jn 2 has just be ch onde apreme inthe’ ea r : # Bar Nelaon.. tossed tele now! who was the junior Jightweisht MECtn lie Salida tie Peet, Ar Bidviubelen Bios la rae ea tt champion, and why? ounty, rouk i t side ‘ t ly by Yale ¢ y. county ‘ fj on defeated (County, county, County road, peat ie ngsbers, MEH : Blamed A. Zivgteld chorus ii. wenden’ | ae Ie funey hei WBraitie duncton: Moe ? Wiad would be ae rie pe tno ia *. county road, south Anse! mi, j be’ for Notre Dame- uh in Ali Ane he Ransom county, county. road, east with vray toca from| side; Fingal, Barnes” county, two July” 1," Break carers ile becnnee: ie ; vi streets, west sides of ‘ ; q “ Barnes county, road. ing tabl ! i . i il xi west of town, west side; Month 1 New! j hy V think west of elevator, west side; Faust, July rela: (Tl ’ Barnes county, county road, cast | Aug Haan ¢ Verhaps {he Tigers were inspired! Side; Leal, Burne county age | Sei ; “by that truth in’ handing 1 ot 4 abe n Dawe The Referee | the wallopings that. have. be ministered of | Ernest aid on the Thanks- ¥ responsible ntled gambler 0 defeat of No! giving day, were prin Harvard thrived 0! arded football th: i in how miuny reands? —D. FW Yes, on duly 11, 1921, 1 round How many: Owen MeL: FOR 45 YEARS on i Haute, Ind.,| Charle ” FIGHT RESULTS © | SIGHT RES from Bud 1 S (two rounds), jure and sury rd through the coll mse rongly advocates that; of football be imin- portance | oe: Young Has Been bring about ppening. games are proposed with va ert Tra That Long =icetings between Princeton, pert Trapshot That Long vard and Yale as the climax. ld do am that 1. It would | ches instead | San Antonio, Tex—-Chuck San Antonio middleweight, be lie (Kid) Herman of Calife rimson” — wou with the scouting become highly speeial ve only two coi Ted O'Hara, Oak- knocked out Ted Wash., (two); Bill enzii won technical kno from Al Anderson, —h champion of Alask: Woods, Auburn, Johnny Rose, K: Mo make: the affair purely colle-| xiate it would limit the spectators toi undergraduates and alumni. Nothing | doing on the common folks. AGAINST SELECTIONS | pa + | g 4 | The “Crimson” would also do away | ss ine <4 with All-America selections. To that | ie % | ta end Harvard has this year discpntin- | | Ne : : ued the naming of an All-Stadium 5 , Eg = team, an annus! custom, | é ee Se T do no Vis that the attitude cA ode of the Harvard Crimson reflects the! - i real feclings of the many great stars | Joe Villidms | ‘ as turned out at the Cambridge institu:4 ity (four). : Tee MY tion. Jimmy Goodrich is called the nom- SS. The names of such players as Kd- | inal lightweight champion But i ie BS die Ma > “Tacks' those ‘who have seen him fight call id ae Hardw him werse names than that. | ea By oonimous with z to mibaiince 1 ‘e MJ football. They “A rabbit stepped:on a gun trigger 3 the will to win, and shot a farmer in France the > eee 2 ee It would seem that the proper| other day. ...... Whaddamean, a Fabbit’s foot is lucky? Not many’ of the present genera- tion can ‘témember seeing John 1. Sullitamiin'the ring. - | Or Jack | CHARLES A, YOUNG Dempseyt ober for that niatter. me : * 4 spirit of the present genera at! | te Ge Harvard would be to’ fight back. No{ | . | doubt there is a good reason for Har- ‘d's failure to keep pace .in foot- N, that could be easily remedied. | | :If Harvard's motives for the up-| | oylie’s been an. expert trapshot for’ lift of the game came when the Crim-! Ny Mens Bd the papers Paderew-| over 45 yeurs, gaining his initial son was a winner, no exceptions ski ite piano the other-night | fame at the Chicago world fair back could have heon nigta, te appears as Anger, which puts him in 1893, when he broke 96 out of a if the Harvaed tee ne spoken a fel With Stanley Har-, possible 100 targets. He figures he, trifle out of tere : hag fired a grand total of 675,000| = wit in vis" fs eae ed shots during his long career and has| In 1924 smokers paid the govern. gront for the “health, but you igaue.stamps, home iz‘in’ Springfield, 0, 1p to, forget the disastrous 192: eS a ' ano lane le. Cleveland |--— Featlterweight, M Ring Succe: ing’ claim, secured by a valid thresh- er’s lien, makes a demand upon a person to whom the grain covered by the lien has heen delivered, and the JIMMY TRANNE’ ithe person to whom the grain was delivered in conversion, and no new popular demarid need be made _ by the as- S/ signee. A refusal to deliver the grain, in such circumstances, to any person who has the right to demand it lence of conversion and may be proved by one who subsequently becomes an assignee of all the rights and interest of the owner of the jelaim secured by the lien. 1 -; 3%. Where a cause of action in conversion is tried on the theory that the measure of damages is the mar- ket price at the time of demand, and there is no suggestion made in the Kulm, LaMoure county,! Cl featherweight, who been stepping along nicely as a fisti- only been out of the amateur ranks. has been retu Forest City fight promoter, town, street; Garrison, Me county, State hight two crossings, vill | side Balfour, McHenry county, main miles ¢ town, north sid i township. ro: h side; Nekon west of county, village street miles east, south side. ON CIGARETTES © IS DECREASING inual falling off in the of cigarette t a eon persons | AFF of Frank Pfann for a Writ of F Corpus nsed to sell the State of North’ Dakota, ex rel, ‘Frank Pfann, Petitioner, vs. » E , Kunkel, : Sheri of Wells County, Fisher to a iy fice Lo con persons violating the sk the law inforcem h requires that every pack- three-cent exci ¢ stamp sold by the} Se secutions rein prospect. Methods of Checking ment arm! the decisions of this court in—In the work Hart, 20.N..D. 38; 149 N.OW. 68; 140. Half-Stop Crossings {Under this. sy aft tens: corpus, will be available at alll , The number of Dakota, Attorney for the Petitioner. jtrade and will be a fair : Hey, om April 1 to the end of the fis-| trey for the State. 0 the treasurer j stamps to the value of § Tete Gail Hore ; i “Ae ; i liot ‘ side: Wiltow, Bure {duly ihe ae! aah " n unty road, ¢ that time | Respondent, rth American .Na- ; |Honal Insurance company, a corpor. sora 3 de- | ation, Defendant and Appellant, and CEL ag ia pas des L. R. Buird, as receiver of the Farm- er to believe ers’ State Bank of Regan, and War ermits sold since | Defendants and: Respondents. of permits sold since | Refendants db angunily: he fallow. io also euandgertcnean insurance 4/agent, he transmits to the company 7; n “application for insurance upon certain buildings, requesting the in- ithe buildings, he thereby transmits jan application for a policy of insur- jance other than for himself, arid:is agent for the insurance company “to all intents and purposes,” by virtue of Section 4959 of the Compiled Lawa {for 1913, nas heen ‘~’ Crimson Followers Depend on Coach Wachter and paper, | Smith for Winner bound by the knowledge of its agent as to the interest of the applicant {in the property insured and in’ the real property upon which the same is situated. t .acting either with actual or imputed \knowledge ‘that the interest of the applicant in the real property, ufon Which: thé insured buildings arc sit- uated, is other than u title in fee simple, issues a policy containing the provision that the same shall be void if the subject of the insurance be a building 6n ground not. owned by the insured in fee simple, it waives the ‘effect of anch provision. The evidence. is held sufficient to support the jpdement. ec Sheridan County, Hon, Fred Jancon- jius, Judge. 3: | AFFIRMED. N. Dak., Attorrieys for. Appellant, | ney fot Bespondent Michelson, | au | Baird, ag Receiver, | Corporation. Pinintif? and’ Respondent} vs. Gladys Bartley, et al, Respondent and Appe! lant. i ih SYLLABUS: oka » Hlanty v Harvard university ig pinning ‘its hopes on a successful | jecesce 03 onch Wachter and Capt> Smith, rhe are now at. iting the Crimson squad ready for the comin ‘ y be-that: the’ California jon | Romo in Per cent in Young's: ment more than $325,000,000 in ney ie sald to’ be ‘exceptionally bright. A winnitig court‘ geagon, Would % €oothhll play Harvard experienced. | court i sheen meee epg i te tt STEPPING ALONG um From Wells County st National Bank of Harv corporation, Plaintiff and Respond: ent, vs. O3borne-MeMillan_ EI 5 a corporation, Defendant ppdlant, SYLLABUS: | SUPREME CO 1, For reasons stated in the opin- | ion, it held that the evidence of the market value of the grain, al- leged to have been converted, is in- sufficient to support the findings, and the i retrial on that question alone, Appeal from the district court of Wells County, Hon. H. 1. Berry, J. Opinion of the court by Johnson, REVERSED AND RIAL ON ONE ISSUE ORDERED. Libby & Harris, Grand Forks, N. D., Attorney for Plaintiff and Re- |" spondent. From Wells County First National Bank of Harvey, a corporation, Plaintiff and Respond- | ent, vs. Woodworth Elevator com- corporation, Defendant and t LLABUS For reasons stated in the opin- alue of, and the demand for, the 2; Where the owner of a thresh- is refused, and thereafter igns the claim and the lien, the y elect to proceed against | inventofty” wwe od td Vator ¢ is accordingly remanded for| a corpora of a debt may and transfer the collateral jPurchaser, provided the rights of the} rpledgor to pay the debt and h are not affected. purchaser takes the teral on the s ing on which it was taken by the or- i creditor, being charged with respecting it and en- titled to the same benefits th From a judgm it is hold that the evidence sup. | ports the findings of the trial court on the questions of identific ‘ation, the si wheat alleged to have been convert. ed by the defendant. Dak., Attorne company, a corporation, and Appellant, Opinion of the court by Juhnson, J. REVERSED, Chas. S. Ego, Lisbon, North D Attorney for Appellants. Kvello & Adams, Lisbon, North Das kotu, Attorneys £ér Respondent. From Lygan County i Sprenger, Plaintiff and Ap-| pellant, vs. First State » et al, urity State Bank, Wishi otherwise eed be- , one who holds col- jlateral. as security for the payment Il the principal debt ion of the court by Christian- Atkins, Napoleon, y for appellant. Langer & Nuchols, Bismare! attorneys for respondent. From Burleigh County Plaintiff and Re- | forth River Insurance | Dakota, Attorneys for Appellant. Defendant ort of the appraisers | 1 hearings upon the! the® homstead exemp- | tions, at one of ‘whieh. the plaintiff | had an opportunjty to and did, in esent evidence. froni the district court of | Ransom County, Hon. Chas. M. Wolfe, | k, Wishek, | Defendants, and, ek, North ion, Defendant and to the edeem me foot- erin. nt of the district rt of Logan County, MeKenna, J., inti appeals, N. D. “WEDNESDAY, DECEMBER 9, 1925 > filing of the . THE. TALK “OF THE TOWN! OUR FIN TIES, Inyest- gate. Campbell & Funke, Minot, North McGee & Goss, Minot, North Da- | kota, Attorneys for Appellant. rial court that the proper me: of damages, under the pleadings, i the hjghest market price intervening the conversion and the verdict, a judgment based upon the market val- ue on the date of the demand will not be disturbed on appeal. Appeal from the district. court of Wells County, Hon. H. L. Berry, J. Opinion of the court by Johnson, FIRMED, From Wells County In the Matter of the Application jabeus spondent, YLLABU SYLLABUS: In an action u limiting the or any part of the valuc, and to repai property d stroyed, it is held not to be bent: upon the plaintiff to sho’ the materials in the weously used. Appeal from the D. Crum, Bismarck, N Attorneys for Respondent. . Odin O Under See. 11428 C. {jurisdic Where a sentence of ninety jin jail, imposed’ on one who has} udministe ded guilty to the charge of main- quor nuisance, is immedi F snilter ately suspended for n period exceed. with Ge TT cls davesnud the aeeiee ta permitted to remain at ‘large, the {feloni court may, after the period of. the [there eh ntence has expired, require him-to| of rime. serve the full term tion for a writ of habeas corpus, on the wround that the nd an apptica- | ¢ sentence has. ex- [trict The ju |pired, should be denied; following | district pon a tornado poli tthe insurance to the cash, ue of the property at the time of Faire GeOnUG (itn nates but: not beyond the sums | (rit, onisre executed and del and reserving to the insur- company the right to take all) First National Hank of articles damaged | ascertained or appraised |4 of ape rebuild or re-[# maged or de-j¢ ineum- | day of ‘April, Ww that i building couldjon page 308, will ie for Appellant. From Grand Forks County State of North Dakota, ex re r, Neville, ‘ct al,’ Peti- by, Sheriff of Grand Forks County, North Dakota arged with the comn juvenile court ‘ves not interfere in any way with the prosceution: of crime in the di : sdiction of t under the juvenile trict Court o County, Hon. Fred Jan sonius, Judge. AFFIRMED. Opinion of the court b; y Birdzell, J Murphy & Ni Mes, Fargo, Dal John 4. LS jon of the juvenile court and not exclusive as to xcepting only, the law red in’ justice and police NOTICE r Fone. Notice is he given that a Higgins, his’ wife, morte tion, morts in the offi recorded in Book’ 171 of sule of the’ premisi se and hereinafter d front door of the Bismar date of sale That premi which will those in the tte of fol- and dleven CK ldwin hereot office of Tegister of PWT beedue on sy olay ale sum nine Hundred Nine- ty-five and" 80/1H0ths Dollirs 80), principal do interest, tutory, d-in Ex parte Harrie, 187 \ Petition for original. writ of: ha- Opinion of the court by Johnson,:J. ITION D: ED. M. Mathaei,. Fessenden, North J. J. Youngblood, State's Attor- Y, senden, North Dakota, At- From Sheridan County Mathew Michelsen, Mlaintiff and nance’ Corporation, a corporation, (1) Where: the cashier of a bank ompany, and where, acting as such n of a Joss payable clause \in ‘avor of the bank, a mortgagce of -In refcourt act has been enk: of the officer, making of a juvenile officer all chil- dren arrested‘under 18: years of age, i children of tender! ears from being “thrown ith hardened criminals and is ck. 3 harmony with the object and pur-kota, to satisfy suid judgment acd pose of the juvenile act. 6. The juvenile court is not minal court and it law to treat, juvenile offend. ers undor 18 years of age not a criminals, but 4s far as possible to give them the paternal care of the home, to save them from the stigma attaching to crime, jarged to cover the matters enibraced in such | It is not a separate and tinet court, but the same court with calarged powers, “the court may in its discretion pe From Wells County, North Dakota. | mit 4 delinquent child to be 'etition for writ denied by Coffey, Jed agai d with the num- | District Judge. igarettes sold to. ., the books of | whom. they, indication of | sons who are violating the} di r See. LAL proceed- accordance with the ay be in force ¢ ion of eri ge or tawn ordi bar the distri court had jurisdiction of all defen nts, of the offens: information, to accept the pl t ‘i to puss judgment thereon, and ! a Pe umed that the Judge in im-; posing sentence took inta consi i tion the ages inflicted’ punishment in accord with his best judgment, The writ of Habeas Corpus voked only when petitione confined without jurisdietio 5 i 11416 which require the dersigned, ready ash | tor earre: ive into | sitle and Sell at public auction to the thearrest to:give shi, | highest. bidder “or cas tint toch’ as of | sp the: purpos fo guard and pro- entered ot the h County jin Midland “Credit company, 1 H mM, Was Phaintift. and kney and Lillie c wife, and ( Drpor “"T fendan whe et judiced d= | recover charged in the therein di sald real W-tsold to satisfy the same, defendants and; said Men foreclosed thereby. ow, therefore, notice {given, that by virtue ot Le i ition directed and now inom ing said judgment, the un- ises herein described, and said sale will be held on the 2nd of Jun- wary, 1926, at 3:00 o'clock P. M,, into jail} the front ‘door of the Court Tous in! in the City of Bis al execution, Vestate above mentioned old is situated in. the of Burleigh, and State of Kota, and is Known and de- 8 follows, to-wit Northw Section numbe Forty-two (2) An insurance company (3) “Where an insurance company, Appeal from District Court of Opinion of the Court b) Birdzell; J. Lawrente, Murphy. & Niles, Fargo, George Thom, Jr., Dak., Attor. ger. & Tillotson, Bismarck, N. Attorneys: for Respondents r From Ransom County, Farmers’ State Bank of Buttzvilic, ‘1. Construing Sections 38724" and 8726, C., L. 1914, it. is held. that an Lem order of the county court setting apart to the surviving widow prop. erty claimed!as a homestead, is not void for -want (ef jurisdiction: | to niake". it, motwithstanding the @p- praisers filed: at’ sppraidement and report in which the property claimed as a homestead was valued@at $6400, and did not find or state that: she homestead could not.be divided ith out: material injury, tect therm against t evil-minded persons, 7. Tf it appears that the defend- ant is under 18years of a : duty of the officer making the’ ur- rest to give the defendant {nto the care and custody of a juvenile of- ficer us provided’ in. Sec. 11416. the defendant is brought before the justice of the peace or a, police mag- ‘istrate issuing the warrant and it plain that the defendant "18 years of age duty of the justice of the pence o the pdlice magistrate to:make an o} def giving the care and custody of }such defendant to a juvenile ‘officer, is any question supus © ge of the defendant it is the ofthe justice of ¢ magistrate to first \hear the idence on ‘the question of| the defend- ant’s age and if it: yj that the defendant*is unde: of-nge it is the: and if there i: and War Finance } 0} « From’ Ward County Plaintiff and Appel- Dan: C, Dougherty, Defend- apondent, aud William venor and Respondent. Erna Lemke, For‘ reasons. state ion, ‘it is held that the eal ‘from-an n-for a néw where. the: or- tof the county court ihe appeal to the district of newly disco taken, was made after. the ORDER REVERSED, te. | the. distzict court of County, Hon. Geo. .H. Mi evidence. hemselves, and ‘all it is the is {He he peace or ppears therefrom rT 18 years n the duty of the j tice of the peace or the police ma; trate to ‘suspend ‘further procecdings ve the care und custody of the lefendant to a juvenile officer for prgceedings in the juvenile court. Application for writs of Habeas Cor- ‘Writs denied. piniort of the court by Burke, J. i and’ Henry "Keefedr., attorneys for petitioners. state's “attorney, ug sati. low: din the opin- motion for a the ground’ of new: evidence should have been ‘Appeal from (oell- order granting a trial on the ground! rt by Johnson, J. numbered y- > West Meridian, Nort Day NOTICE FORECLOSURE SALE BY , ADVERTISEMENT Notice is hereby given that default has been made in that certain moi gage executed afd delivered by Bullock, Jr., a single man, mortgagor, to C. W. Craney, mortgagee, dated on the 20th day of ‘May, A. D,'191 iled for record in the off ter of Deeds of Burleigh County North Dukota, on the 1st day of No- vember, A. D. 1915, at 9 otelock a.m. und recorded in Book 127 of Mort- gages, on page 293, Notice is also further given that t Ke will be foreclosed by ale of the premises in such mort Ruge described and hereinafter de- seribed, at the front door of the Court House in the City of Bismarck, North Dakota, on the 20th day of December, Al D, 1925, at ele clock in the forenoon, to. satisfy the amount due on such mortguge on the day of sale, The premises ‘described in such mortgage and which will be sold to y Ute same ure described us fol. Northwest Quarter (NW 1-4)! of tion Twenty (Sec. 20) in Townghtg One Hundred Forty-three (twp. 148 north, “of Range Seventy-nine: (Ree, 79) West of 5th P. M, containing, 160 ucres more or less, There will be due on such mortgage on the day of sale the sum of Thitt [nine "Hundred Seventy-two" and 60/100ths Dollars ($3973.60) together with the costs and disbursements of this. foreclosure. Dated ‘this 18th day of Ni wane th day “o November, A.D, H. G. Higgins, Attorney for moi rer Box 571 Tiamanene es C. W. Craney, Mortgagee. \ 14-18-25 12-2-9-16-29 ’