The Bismarck Tribune Newspaper, January 11, 1926, Page 3

4 fica "CARDINAL HAYES HUMBLE PILGRIM, |} THIS WILL DRIVE NEW DIRIGIBLE | PROTEST FROM “| AMBASSADOR ged Has No fi No Intention to! 4 Injure Foreign Rights, | Says Senor Saenz Mexico City, Jan..11 aang is re- ported unofficially that Foreign Min- | ister Saenz will send a note on\Wed- j Court De Decisions. | et \ From Bowman Couaty. State of North Dakota, Plaintiff and Respondent. vs. George Hanson, 4 Defendant and Appellant. SYLLABUS: 1, To render a dying declaration {admissible in evidehce it must be shown that the decedent ‘was pos- sessed with a consciousness of im- Fenuine death, Such conscioasness, however, need not appear from the declaration itself; ‘but may be ins ferred froin, all the circumstances. |So a sense of impending death ma; be chown by the conduct and cond Reduced Rates Until the arrival of our New Yel+ , low Cabs our price for one or four passengers to any part of the city west from 15th Street will be 25 « pas ; : tion of the declarant, and the nature Fie a gta Biates-Ambasbador jand extent of his wounds, at the time cents. formal, patente aealfat HR cetecce: the declaration pas made. tive features of the new Mexico an. ae in & prosdeution for Homicide ; ag the court did not err in admitting | j= peur ns a evidence tending to. ghow. that. some | * Courteous and careful drivers to: thi e h PC ‘ise Stites at ar Tae Tee Meee [sion ‘of the alleged offense the ‘gether with Liability Insurance ried. eh es jfendant made certain threats against | comet recogni es ag ithe deoedent. The remoteness of such for your protection. ‘ » ihe papneee Ree aaeeeat ioe ‘threats in point of time | atter | - “ment te maidtain tts soverctee preht for consideration in detgrminine the ‘ ’ t of the evidence, but does not rr under the Mexican constitution to en- cifaats tie oainneeemen’ staCaney: e. t withouk: Corsign shlertertuck etry affect the competency’ or relevancy | We solicit your patronage. é H pe Jeqislation i may desire. ry reasons stated in the onin- enor Saenz says that there is no intention to injure foreign rights in the enforcement of new laws, and that if any American intere: it or in- dividual complains of injury, the , M>xican courts and the Mexican gov- ent will adjust them properly. Washington Dispatch Featured The protest of the ambassador cre- much interest in the capital. The Wspapers made a feature of the spatch from Washington announc- ing the Ameritin government's ac-| j tion in ordering Mr. Sheffield to lay .' | +, ‘before the.Mexican government its \ representations against the retroac: j ive features of the anti-alien land ion, it is held that certain assign- ments of error predicated upon vhe instructions to the jury are without merit. 4. For reasons stated in the opin- ion it is held that certain remarks made/by the trial judge to the jury were non-prejudicial. Where, in ac PHONE 1-100 TAXI SERVICE minal action the main churge to the jury is in writ- ig, and the jury after retirement and dcliberatian returns and asks for further instruction; and, the trial judge, in the presence of the defend ant and his counsel asks if there jaMy objection to such additional in- structions being given orally, and no (This propeller is 17% feet long and weighs only 140 pounds. It was jobjection whatever is offered, there}made by the U. S. air service at McCook Field, Dayton, O., for the is a waiver on the part of the de- “a F clos hove, that here ralllcbe ae ost Fendant “to the: right "to--welteean In. ,new army dirigible RS-1, under construction at Scott Field, D1. and clarification of thi 5: ae i | struction. and vpre.j Weighs less than half as much as it would weigh if'made of the wood ultimately there ‘will be on’ cufctnt [Cardinal Patrick Hayes of New York, leaving the Cathedral “of St, |stTUetion, and no error can be-pre-( UN ‘used. It is of baloo wood, the lighter ant atrougt wood The nian who sells the corn to feed the pigeons of St. Marks in Vu. clears about $5,000 a year. Close out of all Winter Coats. Your choice, $5.00. A. W. PAB aco beet mine itd Co. Basement. capirou The helief is, in well-intorfied cir-| adjustment. ‘The conversations of | Peter's in Rome, after passing through the Holy Door as a humble|sych additional instructions were known. . Mr. Sheffield and Foreign Minister pilgrim, |given, State vs, Mitchell N. D.— Saenz are said to have been pl: : 193 N. W. 310, distinguished. thus far, eee cag epi ‘Appeal from the District Court of | where there is no renewal prior to! State Bank of Kief vs. the Osborne- until the studio has been developed cessible—consult the twenty-one| Bowman county, Hanley, Judge. the expiration of three years from| McMillan Elevator Co., was affirmed y of music, pages of the index, When did so-| George Hanson was convicted of| date of filing, on which those deal-| by the supreme court tod: ic 3 ¢@ so happen? If in 1¢25, the diary! manslaughter in the second degree| ing with the mortgagors without) The case, ich involved adverse HANDS. | of events begins on Page 91 and runs | and appeals. notice to the contrary may rely. claims to grain, was appealed by the prietor of! to Page 118, with six pages of deaths,! AFFIRMED. 3. A “creditor,” within the mean-| elevator company which lost in | ented the|four of great benefactions and sev. ng ot t lower court. i SAFETY RULES | FOR inté\a_conservato ULES HOTEL CHA Wilton.—J. W. RAIL CR IN the Dakota hote’ Opinion of the Court by Christian- hat term as used in Section | building-to H. St i of Minot,, en of scientific progress following; |son, Ch. J. L. 1913, is one who, without who will take po: January 18.’ records of all sports as usual, Simpson & Mackoff, Dickinson, N. fotice that the debt sccured by. an DEFIN Mr. Steinstine is per-| The World Almanac has always|D., and F. M. Jackson, Hettinger, unrenewed chattel mortgage is un-/ lienced hotel man. Mt. Olson will; been an invaluable handbook of! Dak., attorneys for appellant, paid, subsequently extends credit or THEATRE continue to operate the hotel at Chap- American politics. Each one has the orge F. Shafer, ae Gene! alters his position as to his debtor ; Fund: in until spring. Mrs. Olson will leave est election returns from all the| Bismarck, N. D., and M.E. Remmen, | to his detriment. : ., undamental safety rules for mo- soon for Hot Springs in an effort to : hi t carries as State’s Attorney of ‘Adams County,| 4. A “subsequent syaulilalaaclchse ‘Why don’t you make more torists crossing railroad tracks were| improve her health. i well ical y giving every | Hettinger, N. D.. attorneys for re-| good fai rs | bs laid down by the supreme court in 4 ! : apes spondent. « (E..T. Burke, Bismarck, | Section 6763, editor” who takes money? Other men do.” a decision today. " ath N TO CELEBRATE. s a mine of information for! N. D., of Counsel.) security f s debt. His character In the case of the State of North] Elgi big Ford and Fordson day san incumbrancer-is determined by| Dakota on behalf of the State Work-| will be the oceasion ef-much merry- | World Almanac is published | From La Moure County. the notice that he has at the time mania {fampensation Bureau and Ted making hereon Saturday York “World, “Etice 60 \'State of North Dakota, the credit is extended, or his position flilreads the euler went lorthern | 30, Attractions include id. Readers who keep| Plaintiff and Respondent. |} altered to his detriment, rather lunches, a@ moving picture shi than by the notice that he has at the ear on their bookshelves j “1, Where a driver can clearly see . aularg d Se RHEL Soeies. Pisloth. (ea, Raespent time the security is taken. District Attorney Has Infor- an approathing train for 2,000" feet | 2g0°%° ae Maateh will toature tine eke iia sp eies for theytovh: |tiayarona Wi Craik. stand Appellant.| .2. A creditor as to whom a mort- 2 Ue t he is guilty, of contributory negli-| mic Dugan of Bismarck and Ralph| Sea ae SYLLABUS: aol ae “l gaye is void because not renewed as] mation on Which to Base \ gence if he is struck by a train and| MeGirl ot Elgin i. Tae Where «aa required by Section 6762, cannot ; Injured. : ; a | Supporters of faatawtinentoe fam affidavit of pre: question the validity of such mort Adultery Charge #2, ere trdinmen observe a mo- TIN THE FOOT. , hag oh : : , : unless and until he hi se tor drive vehicle approaching a rail-| Steele tine) mf LO:veat ot sonal . jadice skainst the county and against (7 Ta tor his debt. nda tibia: ee aay) rond crossing at a sidw rate of speed |r. and Mes, Henry Loren, uttered, Waterway Broject | the: judge who would preside at the 21 yn but whether such lien | (Allentown, | Pa FR LES ESLER TRE oe . . 8 b4 trial, ii e duty of the court to i i Chatgce i i dian, has been ordained a deacon o! they drive eet anticipate that |w painful ntly when a rifle! Asked to Luncheon rier the action removed for trial : af, 10 the} Charles” Garland i jon-|the “Angelican Universal church. in| . gligently refrain |he was using on a rabbit hunt to some other county and to arrange | @ehtor, by ‘ ae sii New York, preparatory to becoming! om us’ zis se to determine | accidentally dischs red, the bullet aaa f th and procure some other. judge mnt, or voluntarily by con- a priest. IS was BOER sin Montana. e approach of a trajn. entering his lef His injuries ters of the| thin the one tract, i$ immaterial. aS pil H r : “t ands, Where a tain’ and a motor Jare not. conside Hateecteie. sakes St Lawrence ee (Section | Where a junior lien holder, te pert which are living at his new ' | vehicle are approaching a rail- ——— i y ave invited to attend ty 56, ,which provides order to save the property on which (soony in Ie oe ». Toad crossing where they are liable BUYS BARBER sHuor. the luncheon in the Comme = f trialeand for | he ie y. y to meet, those who operate the train] New Leipzig.-Wm. Johneon of Car-| Wednesday noon, J which 4’ Chine : vo! ial atlibor a superior lien, } 8 tity pr Robert L. Stu MAYER, state nigh set that they will he goneed-tson has purchased the barber shop | time Hush J. Hugh tant sec- OF the a halo toe inte F rior lien claim and iiher 3 -{ recommended last week that the t iresents wed the right of way,! s}hete from. €.F. Quast and has ale he Great St, Law- Ole} ‘ ‘ ¢ on and sella the property un-! sociati plication for a charte: ra «7 Bftect Will Be Farittdachlng. 7/286, from ©. Fe as and fs ale wit } meron rs Exapter 1 i junior lien, he will be held! be denied on the grounds of (a He ge he court’s finding is expected to! has heen employed in the Vint sho Vie pine cooperation €X- of the Session Laws of there r ichts | love tend s Ss ha : ar-reuching effect in determin= | at Carson: for pore: ti ed from North Dakotas Dr. A. He 129: of the Oh ie vor, wave equit-| | Search now hus ti AND PRODUCTIO { ing claims fox damages as the result fete r Agri- fecal e of the superior lien by s for’ = v H of ‘accidents at railroad crossings. : be ‘olleg preside, gf 1933° which ha sider age s payme ereof. 0 aH rland, said PICTURE PROGRAM In its decision: the court reversed ahi eae 1 ‘ was ° pale EFOVIS For Uw. itesl District Court of . 1 Farm last f 4 $40,000 award made to. Byfield. and A Million Facts _ tthe detmgates trom N te, Patio hy the Supreme Court’ of 81 ward County, Hon, John CG. Lowe! Jul “October. ' the state compensation bureau by a ta to the rece id er C fae ? Boe, eh An r Tas ear gery in Ramsey county aistriet, court Within Arn’s mune Go ie Sates Ze iE Re led aalwebatie Judea 20 |° ee veneuD, 3 Ini charge of ] and directed that, judgment, be re- lubs and other organiza- Pn The defendant was prosecuted.' art by Nu : of which is inf Yerzed and tha ae ld A for 18 i o jnvite 1 Me have ropre under Section 9903 of the Compiled f M ie & Goss, of eee contained in a death | i county as a truck driver when the| for 5 ; : ; and we also invite falee entry ia w record’ et tke wine A. Dickinson, Aaker, and : : accident occurred at a railroad cro annual 2 supporters, conter:| ston of tho: bonrd ok ditectors ot al tina Hovey rle THEATRE - MANDAN ing near Devils Lake. The workmen's and never more welcomed. than » is the outcome of a request! hank with intent to conceal prior mix.| nuff and Respondent. hoth of whom i compensation bureau interested itself It deserves con every y officers of the steonduct. Meda held, for Ssinnha Guat. ——— m Associa p Lew Cody and in the fight t neo damages from | desk—in the office, in the facto jon to the delegates fr orth ed in the opinion, that the informa- . es er. The information, the T U E Ss D A Y the railroad so us to lessen the drain] the school and coflege, on the Dakota-to thy St Paul Congr tion states @ genal-orte! hel yw. @ 7tzom Ramsey County, district attorne: b Conrad lagel Bpon the fund caused by the neces-| and in the home, Where else can Committee Is Aj ii a Pp ™ W. S. Dwinnell, Plaintiff) turnished " p y TINER . oY po und ¢ b . nd in the home, ittee Is Appointed” ef MATINEE AND EV sity of paying insurance to Byfield.| find so readily the up-to-date an- 5 arley. of Grand Korks, presi-| 4. ‘The evidence is examined and| p i eis unable to Pathe Comedy RU A:, ; swers to all the quetstons of | the ( an held to be sufficient to support the) /¢te? Lippert and Laan 's birth or the place of inter- : iy if | day? A ha we judgment of conviction. prendants. | ment, f 6 i: STATE BRIEFS | pelt puts @ million facty within arm's to . Bh Appeal from the District Court of | YUUABUS: promissory note, Garland’s Wife Sought Constance - “There Goes the ee each, : ks, H a e a a Moure County, Hon. M. J. Eng- e defend » up ra The ca v’s death was ty 99 ; pe ormetnr mee cag lh arog hy i ii deen ate Pl, S| vam an act oe Talmadge Bride NEW ADDITION DELAYED. ype are compres: E L. Coulter, Fargo, aD. a Mitional defense note trouble, and there on at , : Linton.—Opening of bids for the | the United: s t Fargo, to attend the conference 4 n of the court by Birdzell, J.| js An additional defense that the note eee it was declared, to regurd it/f| Will make you laugh in SERS i building of an addition to the court it ertain how the state development| Francis J. Murphy and W.H. Bar-!fyrmer note, and that such former. otherwise, The Hov said “Learning to Love” Coming! Coming!! house here has been delayed pendin, ion cun cooperate in the;nett, Fargo, N. Dak. attorneys for] note was neither returned nor marked to have joined Gyrland at the April 4n opinion from the attorney EEN apo alinite ae movement, cd a elant. ac reaBpuateaatn einen vided osy Bashicetiony, in Garver, Massy now ‘ as to whether the commissioners have | £¢5 ell arra The program of the Tri-State Farm | afer, Attorne ter 91, Law The trial court continued. Boyle. is endeavoring the right to gowphead with such addi Everything Is Included | Congress Wednesday evening , will Jameron, Special Asi onic i to get into communication with Gar- Linn Mithents Meet woe ct eanet Thier haa tha Daven lar worked | Lerten coer at diebin stan be thal tapney ecorel: Pisiianee Ny cen earns en a ee Ota. ualliven’ te bac ine Bee: Johnny Stem ple. ~ There is, now about $12,000 in| Gilbert's report is there. ‘The Lo-' tidewater project. Mr. Hughes and|Charles 8. ate’s Attorney, rected a verdict in favor of the plain- | ton. in “Musical Bits” P the building fund and it is believed | carno Treaties? In full. ‘The new Governor A. G. Sorlie will speak. | hon N- Dak. and Chas. G. Bangert, | tiff, “For reasons stated in the opin-| The six men and six women me tl 0 t i e Cong All the ral Special ssistan’ ate’s orney a Sil $ ‘ oii say for only & MRE gees ae wee) cavehtlal guinea: eae a Exe LONDON’S ZERO HOUR Enderlin, N, Dak, Attorneys for Ke: |/m,poth rulings are sustained | whekber LSieyca ren IH Pes. F * emeune, but the duestion, of Taw has enypt bonds? It tells how ithe States; London.--London’s most tranquil | Spondent. lcourt of Ramsey county, Buttz, J.,|it is nobody siness. Garland is ‘ox and Evans caused a postponement of action. and cities spent the money they got moment in the ek is at thr % fe ea defendant: 1. uoted as saying: s to unmarried . & ph from them. "What have we really for| ick on & Sunday morning. Any From Ward County. AFFIRMED. people Ngine lorethor thie 1A Wat in “After the Opera” ie . TO HAVE NEW BAKERY. an air force? Read the report of the other morning hundreds of newspa-| Paul Ferm, | Opinion of the court by Christian-, ter of individual inclination, not un- Killdcer—This village now has, a| Morrow committee. How is the en-|per trucks are dashing about, ma Plaintiff and Respondent.| son, Ch. J. derstood by the common social fabric. fas 3 modern and up-to-date bakery which| forcement of the Prohibition Law) ket carts are hurrying through the | vs. W. J. Courtney, of Page, N. D., for|It is entirely a personal matter and Varieties of 1926 is capable of providing all the bread | getting on? That also is told. And| streets and the city is otherwise very |Great Northern Railway Com- appellant. part of my experiment in social f \ and pastry needs of the community.| all this information is readily ne-| kusy. Pany, a corporation, Traynor & Traynor, of Devils Lake,{ science. , “Cycle of Song and Dance Mr. and Mrs.) Jay Pfau have moved efendant and Appellant.| N. D., for respondents. The colonists are-described as be- Fantasy” COAL into the postoltice building and most , subants: Wi atl e| to. oe etic Seats ing of the intelligentzia, with virtu- y of e equipment is already in place. 1, In an action for for y eve 1 uate. The See ee Paarandy in place A LITTLE FARTHER TO FALL injury on account of the alleged nee-| , Too Late To Cinssify |” “V"_S4ult 8 college graduate loaves. ree : ligence of the defendant the failure me Jamestown College Tallman and Kerwin $3 85 —_—— of proof of negligence entitles the FOR SALE Aer e HOSPITAl READY. defendant t he acti ‘ in “Two Navigators of Parshajl.—The finishing touches “2 Following Heuge vs. ‘Grent |HOUSE—6, rooms and bath, Front; Must Raise $100,000 Noni ~ ; have ‘been placed on Parshall’s new Northern R. Re Co, 27 N. Dy 268, and | ppGureet» Mee, trees, $2,100.00, | lify for Gift nna PER TON hospital, an institution: which hag| * Heckman vs, Evefson, 7 N.D.’173.| Od comfortable, $2700.00. | to Qualify for DELIVERED . been badly needed here for a long When but one conclusion can reason-| BUNGALOW —Stucco, 5 rooms, mod-! 4 R ake d Ca: Mio ; fine, 4 formal opening will be ar- ably, be fon, tel ‘conceded acts.) ora naw, fireplace, oust trout niest Be enie an rcass ; al + ranged in the near future. ie question of negligence is a ques- ‘desirable. art of city, $6,000.00. Ne " i ff ' tion of law. ing this rule to eB + $6,000.00. | dowment fund of Jamestown College lovelty Sport Cyclists | REV. MATTISON (gonpucts the evidence in Anety case at bar, the CO ar sity, moet ond. Bait eatt | ave being considered by the board of : me 4 want of ordinary care on the part o a! jirectors o} e institution. : oy the part of | cOTTAGE—5 rooms, modern, garage, | Treaorts at the last mec i 5 ah ks Linton. —pespite ¢ ihe pursing of the the ‘plaintiff is so clear: that the” onst part of city $2,650.00." "| ay Beporta at the last wiscting showed Matinee at 4 o'clock Sumte Mee oon sae rere ek om er cer tga, | Suara he clon edn 10 and 40 » ane here, the meetings are being con- the proximate cause of hi tenspnable tai iii esos to’ obtain for the college Evening 7:15 and 9:20 - % ducted as* planned, the high school Appeal from the District Court, “of BUILDING LOTS “Almost ny lot {2 Sift of. $100,000 from the Rockefel- 1149 Fifth St. Bismarck, \. D. auditorium “being used. Through Ward County, Hon. Geo. H. Moell- any lot jer foundation. ‘The Rockefeller pitt All Seats 50c PHONE 38123 jsunderstanding it was believed that ring. Judge. y Mee eee eer ar on my Mat. AMR: Pst awarded pr epndiclon oes fe Sari j pinot ev. Harry James of Columbus, Ohio, D.. ie col ag raise y December, Was comitig here “to conduct the Opinion of the court by Burke, J.- A ie 3 rach fe, hes been. years 1096. \ ectings. but it wes found that Rev. Dudley L. Nash, Minot. N. D.. wibae CF bo fc argh inguiey, Bus ieee | If plans of the directors are james had not planned to be her Murphy & Toner, Grand Forks, N. De at the” ptesent ridi Tou ag low {Tied through the college will have instead, the meetii are beine co! Attorneys for Appellant. ‘ > Deore! culously loW/an endowment fund of $800,000 with 1, ducted ‘by ‘his assistant, Rev. Matti- E. R. Sinkler and G. 0; Brekke,| ,,Values and miake your profit. active assets of $1,350,000. ‘The fin- «* » ¥. McCoy, also 'a- member of Minot, N. Dak., attorneys for Re-|¥IRE INSURANCE—In reliable com-|ancig) condition of the college as istic party, is con- sponfent. Re Per les om. simege. Rnyening “inka shown by its latest report is good. , ducting the ‘song ‘services. . it has 425 students. : fees a $10,000 FIRE. tna eRe Cents dso ee ‘ise 6 inal Mercier’ a ane oary Senin \ - ~”"| Cardinal Mercier’s " Woo js : patel ree siarink 1 aro: i Plainti¢e. and Respondent. Lost. A air of piorteite, shell Condition Improved My Siicon ina Romine Stock. In the best town from a defective stove or chimney, W. F. Blum, rimmed glasses. Finder return i tia damage entimatad at $10,000 000, Bo : ‘ 1 lsyprapus2etemdent and Appeliant.| Tribune for roward. ee A i eS in North Dakota. pest ‘hall ee ge baliae : : - : 4. ‘Section 6762, C. I 1913, provid-| TAILOR SHOP for. sale in_ largo|Morcier's condition was slightly im- oy Ine oslo Isminger, were | © ‘ ing for the renewal of mortgages of| North Dakota town. Write Tribyne proved today’ with tempernture nor- INQUIRE OF Wek Psd.) uieniee Babs ts 2 sail amount ‘rin. : "} [personal property ix sunplementary| No. 47. 1-11-1wk. ee and pulse stronger. He was able ‘ Se surance Was” é : j Li Section 6758, C. L, 1913, pri iding & —-— to take liquid nourishment in Breut- d 2 for the . filing of mortgages rat pe LOST—Black silk lace scarf with er quantity than. before. 8’ = oat : : cs roper! id. the ae i ot fringe, Finder please leave at ie aged prelate underwent an op TUDIO A’ NOT. : 2 propertyean: Are rule ‘Minot.—Caraten : Wall, tenor -salo- é ‘ : ‘uction should be Cowan's Drug Store. 1-11-85 ove wees Fethla correction of. 3 = —_—_—_—_—_—_—_— ® lesion o! e sf acl i. Piet eas eee . 2, The purpo: spite 6758,| FOR SALE—Attractive five . studio here. Both are, we]! known : ¢. otice of the bungalows cheated garage: all roughout the northwest’ as! a me : Hens. en. and ‘newly finished, Taxes thir) 9 de Welt has ands i i Oyo 5 3 A ro Call OvJ. ir. 0 je v cords fot. foal ankie? filing of m in compliance |’ DECISION 19 AFFIRMED ar te panies. ..1 itp ith f 6758, pereice. < the, Ward county caer pile hers fh 3 wortd, Hion of payment, rie in the cave: of tthe