The Bismarck Tribune Newspaper, January 29, 1926, Page 6

SPORTS 4 SORIS HELEN WILLS SHOWS SPEED AND ACCURACY Plays Her Best Brand of nis at the Gallia Tourna- ment Yesterday ‘en- Cannes, F All of today’s lia lawn tennis tourn which Miss Helen n champion, postponed because of Helen Wills appa me suggestion o to “knock the The girl from ¢ in one of h cover off the cham- strength that h girl and saieaiie: h e wind with lefh her swinging her racqu can champion won the Miss Wil she ever literally. tor girl and though Is un est tennis nj ball to burst it. that no woman able to re- ents. Th » showed was in her splendid showing the betting odds ‘on the outcome of the Lenglen-Wills mateh have receded from 10 to 6 to v to 7 AMATEUR STANDING MAY BE JEOPARDIZED New York, Jan. 2.--() ~ Miss Ielen Wills is jeopardizing her amateur eligibility “if, as reported, she been writing current newspaper ticles on her tournament play France, Jones W. Mersereau, dent of the tates Luwn nis sociatior red. Taking cognizance of cable reports of the rican woman champion’ liter: ities, Mr. Mersereau is- sued a statement making ¢ position of the U. S. L player-writer rule und pointing out that Miss Wills, although competing abroad, is just’as much subject to American jurisdiction as though she we at in i. n said Mr. Mersereau tatement, “and if she has had any misunders i will immedi: y put he the meantime it is a_m Miss Wills and the U.S. L. there is anything to it at al BOXERS FROM THE EAST ARE ~ HEADING WEST Jock Malone and Jack Delaney |; ™ Geing to Pacific Coast in February San Franciscoy Jan, 29. ing promoters of the Pac are preparing to enterta sion of castern boxers who ¢ follow in the world’s middleweight champion. Greb is now in Los Angeles. He has had cht there and will appear in -another ht. The [BISMARCK _ LOSES T0 VALLEY CITY LAST NIGHT The Bism ball quin Valley City quint a night, the final score Roth sides dif more scor me in Bismarck the week pi ious, in which the Valley City team was also victorious by a 26 to 8 s will school onight the Bismarck pla the Jamestown high team on the Jamestown floor, local ¢ ot met the James this son dd eht’s encounter will interest. PHANTOMS MEET MANDAN TONIGHT hing is in readiness for with the M Independ- ht ut the high school gym, speedy guard’ for the Phan- yas he is with his , but it is hoped ; injured at Glen! il be in-shape to play to- ery t gan ents te Collins, ith the | in for : ent good” | night's sc with the Night Hawks, led field, who ha itting is trying to Jamestown Col- hould this | ans will college brand are hoping for good ” | ithe eb house tonight so they will be able to yme real teams to the city. ble lineup for tonight will ptain Greenfield at center, Doyle a Middaugh guard Livdahl and C forwards. This combination has been working well together and will be ready to go at the w Dundee and Glick to Fight Tonight York, Jan. (#)-—Johnny Dundee, veteran of 312. fistie gagements, tonight will try another start toward the pinnacle he once at- tained—the featherweight champion- New He had_pitted hims Glick of New York, yising youngster who has conquered Danny Kramer of Philadelphia and Honey Boy Fi xan of Boston. The bout wi rounds. Dundee is entering his firs test since a mediocre showing agains Allentown Johnny Leonard, last sum- mer. If against Joe “|Night Hawks to Play College Team Tonight The Bismarck Night Hawks, will play the Bismarck Business Cdllege basketball quint tonight at 7:30 lock at St. Mary’s gymnasium. The Night Hawks have one victory over the college aggregation to their credit, but the latter team has been training under the direction of a coach during the past week dnd will endeavor to tie the game count this evening. The game is expected to be close throughout, with the outcome in doubt until the final whistle. MacReady Trying to Break World’s Altitude Record ND ng to function properly. The showed po ill effects of his a specially built ok off from ral stand- an attempt to es- "s altitude record. height of 40.000 feet i y eight miles. rk, set 39,596. ard tab. mai French aviator, i All the plane rding instru- ments were sealed shortly before takeoff. As soon as the plane $ pronounced ready for the tes' dy donned his grotesqu cumbersome clothes to protect him- self from the intense cold of the mitless space he intends to’ pieree, sentative ei signify his intention owes Jock Malone, ve middleweight. Malone is Tom my Simpson, Oakland promoter, that plans to come to the Pacific coast about the middle of February and . Would’ like to take on some of the ing 158 pounders, The St. Paul battler has met virtually every mid> ‘eweight of any consequence in the bpp ry, including Mickey Walker, ‘orid’s welterweight champion, and ‘Diage Shade, lack Delaney, the Bridgeport, Conn Hight; heavyweight, who holds a ‘kout victory over Paul Ber- BT h, i# another leather pusher toward the Pacific. He is e to crrive around the ‘fist February. Delaney's knockout of x much came before the latter the world’s light heavyweight beaten by the Steele In: | here Wednesday evening, seOrs ing 43 to 20. The @ work of the visitors for ‘Tigers resort. to long shots. | Rand Lybeck starred 1 nd began te ascend, The plane is built entirely for i purposes and not possessed of any great speed. Fool’s Gold Still Fools Many People Grand Forks, N. B., Jan. 29.--)— Fool's gold, technically known as pyrite, still fools more people than the ordinary citizen imagines, ac: cording to A. Leonard, head of the geology -department at the state university here. Samples often are received by him to be analyzed, Prof. Leonard said, although manv. persons submitting them realize that they. do not con- tain the precious metal. Others. are indignant and hurt and sometimes angry when they learn the true. nat- ure of their find. Numerous specimens id agates have been’ received, Prof. Leonard ‘sai Suspenders Will Bein Style Again St. Louis, Mo., Jan. 29. Re turn of the po) layed of pespenieey: was the report of tthe: eon. mittee, on rv to Ne en-| HIGH /EXPER The | 100 is as much the g ntain Green- | j mall j | of garnets}, | FOR 27 HOLES TSTRY T0 BREAK 100 More Difficult of Attainment Than For: Amateur to Break 100 For 18 Chicago, Jan. ~()— Breaking oal for the great- est golf experts as it is for the veri- est duffer at the game and the star finds his objective just as difficult to attain. The difference lies in the fact that the champion wants to cov- er 27 holes in 100 while the garden variety desires only to score that number of strokes for 18 holes. How much more difficult the ex- pert’s goal is of attainment, is shown by the fact that only in a few in- tances and under favorable cireum- tances has a star performer totaled 00 for 27 hole: Bobby Jones did it once and so did Walter Hagen. Bull Mchthorn turned the trick at Youngstown in the final day of the estern open to finish runner up to MacDonald Smith, and there have been a few other instances. Almost y these scores hi been on links ‘that w pro- ‘omparatively e¢: no disgrace in th stars to reach this goal for that they must average kes or four to the hole on To do this they must ac- quire a dozen birdies and probably a ‘e couple of cagles for their cards. RAIL BOARD WILL FIGHT RATE BOOSTS VO —— Almost Everything Shipped Into the State Affected by the Increase Notice that the North Dakota rail- road board will resist to the utmost the recent new increase in class and commodity freight rates propoted by the raffroads has been filed ‘with -| the Interstate Commerce commission and plans are ing made to submit exhibits showing rates to various .| North Dakota ci The new rate increase affects from Ch jo and points east to the entire Northwest. Although other states y suffer more in proportion than North Dakota because the rates al- ready in effect here are high, the ef- fect on North Dakota business would be bad, members of the board said, States affected by the proposed rate boost, in addition to North Da- kota, are Minnesota, Wisconsin, Michigan, . Missouri, Iowa, Nebraska and South Dakota. Since most ef the tonnage shipped into North Dakota takes class and commodity rates the proposed rate boost is of more importance than would seem to be the case at first blush, road commissioners said. The Various Classes Electric goods, automob fruits and vegetables, clothing and machinery in less than carload lots are included in the first class. The second class includes candy and similar articles whilé the third and fourth -classes include ‘such things as paper, canned goods, sugar and all food articles. The fifth class ineludes only freight in carload lots and applies to canned goods énd material usual- ly sold in large quantities by job- bers, The railroad commission has fig- ured that the new rates, if made ef- fective, will increase the cost of a gasoline tractor to a North Dakota user from $30 to $40. The cost of shipping an automobile weighing 2,000 pounds from Chicago to Fargo Jd be inereased $55 over present rates, Tables Prepared The increased cost of shipping freight under various classifications from Minneapolis to leading North Dakota. cities is shown in tables pre- pared by the state railrond board. The first table shows the present and proposed rates from Minneapolis on articles shipped under class rates, The second shows the proposed in- creases in “commodity rates, which includes practically everything ship- ped into the state in cafload lots, A rates shown are figured on the of the cost per 100 pounds. ‘The first figure shown indieates the pres- ent rate, The second the proposed rates. The last item shows increases to other cities in the state are in Proportion, statisticians for the state ailroad board say. Teinee shen eeuie mad Fargo,’ N. Dak. Grand Forks Devils Luke Minot ~ Jamestown Bismarck Mandan shicago to Fargo Between Mi: Hi Cities shown.” "4 Fargo, N. Dak. Grand Forks Devils Lake whitarek Chicago to Fargo a inabil-! fresh, Tailroad |‘ }licious lunch we | Mr. and Mrs, | a new Ford coupe. lv Pars News Neighbors each McKENZIE Miss Pauline Envik, who has been |at Sterling for several months, will spend the next two weeks at her par- ents’ home east of town. r. and Mrs. Geo. Hughes enter- tained at whist Saturday night, Jan- uary 23d. Three tables were in play. Those present were Mr. and Mre, | Myers, Mr. and Mrs. Tom Hughes, Mr. ‘and Mrs. H. T. Crum, Mr. and Mrs, |. Larson, Miss Grimes and Mr. and Mrs. A. Oeffner. At midnight a de- served. M> Bertholf and P, P. Bliss made a business trip to Bismarck Monday evening. George Watson recently purcha: H. B. Neighbor of the Golden Rule is going to move his stock of goods to Bismarck and open a store there some time in February. A number of McKenzie folks at- tended the play in Sterling given by Miss Finch’s school. WILD ROSE The Parent-Teacher agso¢iation will meet at Wild Rose school No. 1 Sat- urday evening, Feb. 6th. Everyone is invited to come and help make it j‘interesting. Each family is request- ed to bring a cake and one dozen sandwiches. Hot coffee and lunch will be served after the meeting. Ernest Saville attended: the Ladies Aid at the George Dexter home in Braddock Thursday after- noon. i Howard Brownawell and wife en- joyed a birthday supper given’ in Howard’s honor Tuesday evening, at the home of his parents. ‘Mrs. Olaf Feltheim of Braddock ited at the home of her dauchter, ‘Mrs.‘John Petersen, Friday night. Ed Hoffman and son, Paul; of Mof- fit, made a business trip to Wild R yy and purchased some Buff Orpington roosters. Mrs. Ernest Saville and son, Fred, ‘attended a very enjoyable party a the Smith Engleman home Monday | evening. Fred Dockle, driver of the Moffit oil car, made a business trip to our burg one day | week, Tne Mandigo family from south of Ernest Saville home. : Bob Koenig ‘of Braddock ‘was around delivering the mail Friday, as Leon Lesher, the regular mall man, was confined to his home in Brad- dock with the chicken pox: Mr. and Mrs. John Pétersen at- Braddock Friday night. S. J. King of Bismarck was through here Saturday leaving no- tices with the farmers, who are in arrears with their taxes. John Pugh, Sr., and family | mo- tored- to Bismarck Sunday, to visit their daughter, Miss Daisy, who “at- tends high school there. Mr. and Mrs. J. S. Swanson and Mr. and Mrs| Howard Brownawell were trading i Moffit Tuesday. Long Lake is not a lake, but a furnishes ate to, market and visit neighbors that are many mites away when the Jake is full of water. \ Mr. and Mrs. W. H. Brownawell and children and Miss Mary Metcalf spent Tuesday evening listening to the radio at the H. A. Carlisle home. Mrs. Donuld Snyder has accepted a position as jographer in the rail- way commissioners’ office under Frank Milhollan, in the capitol at Bismarck. aah The radio fans of this vicinity were sadly disappointed Sunday eve- ning after a watchful und waiting program of listening in, to hear the announcer state) the distant .music they were getting was California in- stead of London music as-they hed fondly hoped. é Mr. and Mrs. Ernest Saville at- tended ‘the banquet given by the Woodmen's lodge at Braddock and re- port a very ehjoyable affair, Grand Forks—Commencement ex- ercises at the University of North Dakota will be a week earlier as the result of a decision of the college administrative committees to do away with Easter holiday week this spring. Grand Forks—An exhibit of wild turkeys will be one\of the features xt the all-American turkey show here February 1 to 6. Minot—A. F, Violette and Dr. R. C. Lang are expected to skip curling rinks to be entered in the annual Grand Forks bohspiel opening Mon- ay. Minot — Four | Minot» basketball teams are in’ action tonight.’ The teachers college entertaina the Bot- tineau Foresters; the Hi Play. Williston; D company will play the Northern States quint at the armory. esas jalis, CLOSE GOLD FIELD Moscow.—There’lt no gold, rush be t foreigners to the Siberian Klon- ike. The newly discovered ',gdld field of Yakatsk will be closed’ te all except Russians, the government has decided. ‘ 7 ty, is ip Joh fers “ovale ania a ‘ or’ SSEERS : BSS ~~ ¥ SREBREEY eR : ie phisbith ae ee “oy babes ze 2 Braddock, were Sunday guests at the | tended the Woodmen’s banquct at) a i STATE BRIEFS ! Concert; vue; 1, Insomnia club, KGW (481.5) Portland, Ore. 6, Concert; 9, Studio; 10:30, Hoot Owls. WOAW (526) Omaha, Neb. 6:50, String quintet; 9, Clas- sical; 10:30, Orchestra. | WQS (447.5) Chicago, Ul, 7, | Concert; 10, Orchestra; 1, Gin- | | | | hi habaat INX (337) Los Angeles, Calif. 7, Features; 0, chestra; 8, Studio; 11, tunes. (379.5) Schenectady, M_Y. 1% Concert; 8:15, “The Law “Suit,” comedy; 10, Play, | “Everyman.” WRNY (258.5) New York City. 7:30, Piano; 8, Grand Opera; 9, Grand opera; 9:45 Band. - | o———_—__________4 EASTERN TIME WLIT (394.5) Philadelphia, Pa. 4:30, Artist recital; 8, Studio; 10, Or- chestra. WOO (508.2) Philadelphia, Pa. 4:45, Organ; 8,,Orchestra; 9, Quartet; 9:30, Orchestra; 10, Instrumental. sit (469) Washington, D. C. 5, rio. WEAF (492) New York City. 6, Dinner music; 7, Gene Ingraham and his orchestra; 7:45, Minnie Weil, ii 8, “The Happiness 30, “Eagle Neutro- ‘Home Entertai 10, Gania Ziclinska, soprano, and Giuseppe de Benedetto, tenor; | 10:30, Ben Bernie and orchestra. | WIP (506.2). Philadelpivia, Pa. Concert. WMOA (341) Cazenovia, N. Y._ 6, String ensembl; 330, Orchestra; 9, Musical. WTAM (389.4) Cleveland, Ohio. 6, Orchestra. WWJ (352.7) Detroit, Miche 6, Con- cert; 8, Orchestre; 9, Dance pro- gran. WREO (285.5) Lansing, Mich. 6, Din- ner concert. WNYC (526) New York City. 6:20, Piano; 7:50, Vocal; 8:30, Violin; 9, German hour. KDKA (309) ittsburg, Pa. Coneert; 9, Teaberry Time. WBAL (246) Baltimore, Md. 6:30, Orchestra; 7:30, Quartet; 8, Musi- cal, WTIC (248.6) Hartford, Conn. 6730, . Concert; 10:30, Dance tunes. WBZ (333.1) Springfield, Mass. 6:30, rehestra; 7,Musical program. ‘AE (461.3) Pittsburg, 6 Concert; 8, Quartet; 9, Studi WGBS (316) New York City. 6:30, Orchestra. WAHG (316) Richmond Hill, N.Y 7:30, Piano; 8, Lynwood Farnham, 6:30, Se Pe a aE: FRIDAY, JANUARY 29, 1926 “TOMEHT AT 8: “DECISIONS OF SUPREME COURT From Cass County. Peter R ‘ock, Plaintiff,and Respondent. 5 vs. .| The Security National. Bank of Fargo, organist; 10, International test! ah teed WCAU (278) Philadelphia, Pa. 7:30, Orchestra; 8:45,, Trios @:30, Or- chestr: EAR (389.4) Cleveland, Ohio. 7:30, Orchestra; 8:15, Studio; 10, Or- chestra, WRW (272.6) Tarrytown, N. Y. 9, Soloisi 10, International test pro- gram. ‘ aes (384.4) Miami, Fla. 10, Stu- io. CENTRAL TIME WOC (484) Davenport, Ie. 4, Musi- 9, Musical-selections. WHAS (399.8) Louisville, Ky. 4, Con- cert; 7:30, Orchestra. WBBM (226) Chicago, Ill. 4, Varie- ties; 8, Musical. WENR (266) Chicago, Ill. 6, Con- cert; 8, Vocal and instrumental, WHT (400) Chicago, Ill. 6, Classical 30, Vocal and organ; 11, Musi- cal; 12, Aspe WMAQ (447.5) Chicago, Ill. 6, Or- gan: 30, Trio; 9:20, Vocal; 9:56, Chime: WCCO (416.4) St. Paul-Minneapoli 6: Musical, Dance tune: WFAA (476) Dallas, Tex. chestra; 8:30, Vocal, WGN (302.8) Chicago, I. 6:30, Con- cert; 8, Orchestra; 10, Dance tunes. WSM (282.8) Nashville, Tenn. 6:30, Concert; 8, Piano; 8:30, Vocal; 10, Orchestra. 2 WORD (275) Chicago, Ill. 7, Mus 7, Con- ‘cal Studie WLIB (3028) Chicago, Ill. -1. @ corporation, and H. C. Aamoth, | BO* LT ‘Sylabus: ts @nd Appellants. The plaintiff, a purchaser of a chattel, gave a chattel mortgage on it té secure a ne ‘price. The defendant, an assignce of the mortgage, placed the debt in the, hands of a. collection agency. The plaintiff surrendered possession, of ‘the chattel to the defendant and gave it a power of sale limited as to price and specifying that - the proceeds shoul ly on the note. Tihe de- fendant seld’ the ‘chattel on credit without interest, and thereafter the collecting agent collected from the plaintiff the. full amount of his’ in- debtedness to it and, without knowl- edge that the chattel had been prev- sold, gavo assurance that the it. It is 1, The principal is bound by the representations of the agent that the Principal was in possession of the chattel at the time of the collection ‘of the note. 2. The representation of a state of facts, upon which the continuance ‘of an-obligation depen: ind the dis- charge of that obligation by the per- son to whom the representation is made in reliance thereon, creates an estoppel to dispute the truth of the Tepresentations. Appeal from the District court of Cass county, Hon. A. T. Cole, judge. Affirmed. Opinion of the court by Birdsell, J. J.J: Mulready, Fargo, N. D., ato; ha Pd appell 5 mke & Weaver, Fargo, N. D., at- terneys for respondént, cert; 11, Popular; 12, Dance tunes.’ WHB (365.6) Kansas City, Mo. Semi-classical. ESD (545.1) St. Louis, Mo. 7, Quar- tet; 7:30, io play. WHO (526) Des Moines, Ig. 7330, 1:30, Band; 11, Orchestra. KFNF (266) Shenandoah, Ia. Organ. ie KFAB. (340.7) Lincoln, Neb. 8:30, nd. ‘WMBB (250) ‘Chicago, Ill. 9, Orches- tra. KTHS (374.8) Hot Springs, Ark. 9, Instrumental solos; 11:15, Dance (422.8) Cincinnati, O. 10:15, International test program. WDAF (365.6) Kansas City, Mo. 1 ‘Nighthawk Frolic. MOUNTAIN TI KOA (322.4) Denver, Concert; 8, Studio. FAC (435.8) Calgary, Can. cert trio. PACIFIC TIME: KGO (361.2) San Francisco, Calif. 6, Concert; 8:45, Vocal ‘and instru- mental. KFT (467) Los Angeles, Calif. 6 Concert; 7, Orchestra; 8, Orga 9, Vocal; 9:30, Entertainers. KPO (428.3) San Francisco, Calif. 6:30, Orchestra; 9, Orchest KHJ (405.2) Los Angeles, Culif. Musical. ME Colo. 6330, 8, Con- 8, THE EAR IS DELICATE MACHINE BY DR. HUGH S. CUMMI Surgeon General, U. 8. Public Health jervice Many do not understand how deli- cate are the organs of ‘hearing. Th human car is essentially a mecha- nism by which vibrations of the air are carried to the brain. When a musical instrument is played it sets the molecules nearest it in motion. These strike the next and so on, the motion of the musical instrument being ‘transmitted ‘through the ear like a wave. ‘human car is divided into thrée parts or chambers, according to the arrangement of the mechan- ism of sound transmission. These known as the outer, le inner car. The outer ear consists of @ shell of cartilage which gives to ‘the car its shape. This shell is cov- ered: with skin. A canal leads from the outer ear into the head and ends in a thin membrane called the ear drum. In this auditory canal are glaads se- ereting wax. The middle ear cen- gists of @ chamber in the temporal bone bounded on the outside by the drum. Two Canals ‘The cavities forming the inner car consist of two sets of canals in the sotid inner part of the temporal bone. One canat bends two and a hal: ‘times around a circular column re- sembling very much a circular stair- way or @ small snail. This is known as the cochlea. The cochlea opens et the lower end into @ tiny chamber which also connects with the other canals. These canals are the semi- nd | brane, te which it a ee eee eed circular canals, three in number, and lic at right angles to one another. In the cochlea is a sort of pro- jecting shelf of bone and on this shelf rest the cells which constitute the real hearing part of the car. This consists in part of cclls having connection with the nerves hhear- ing and ending in tiny hairs which project into the liquid of the canal. Sound Hits Dram The sound waves now entering the auditory canal of your rs are striking upon the car drum. This | drum is set in motion and is pulling on ghe small bones attached to it. The*end of the stirrup is now being pulled back and forth on the mem- attached in the entrance of the inner ear. his is producing waves in the liquid of the internal car. the ‘hairs on the cells of the cochlea are vibrating in the liquid in which they flost and this is stimolating the nerves which are carrying the impulse to the brain. Your brain cells are interpreting these stimuli as sounds. This, in brief, is a simple description of the structure and action of the human ear. You can readily see that the organs of hearing are indeed’ com- plex structures delicately adjusted. Human mechanism of such fine construction and adjustment must, f | therefore, if it is to function com- pletely, be treated with the. same care and consideration as a delicate mechanical instrument, You do not repair with the same screw- driver you use in repairing your automobile. The same principle ap- plies in the treatment of your ears. | MANDAN NEWS | Aa s B - \Rev.<W. R. Hall, missionary, who it Indians of: the aut ld a oe is @ movement for leral \Cumstruction of @ bridge ‘across the ri: tiver at Elbowoods. The 2 on cither side of the stream for séme distance each side of Etbowoods is Indian reservation and government property: .The bureau of public roads department of culture, has as- sured ‘hm that ernment will co-operate if the a int counties will ir a share of thé expense. fl thin Dist A. four-cornered ‘county commissione: -clec- ed | g-- ——— as a college, a public library, then for a school and for a other: uses during the last half dozen ats, Bidders must move the build- ing from its present, location. peat y.. Jénes,” a 5 it be A Ra ie rai ee ‘by the Mandan lodge, No. 14, Knights of-Pythias. The it Was announced yesterday. ; Senate Approves Appropriation For mF tthe three-act} eh: From Ramsey County The State of North Dakota, Plaintiff and Respondent. vs. Samuel Greiner, Defendant and Appellant. Syllabus: 1. For reasons stated in the opin- ion, it is held that the trial court committed no reverstble error in ex- cluding or admitting evidence. 2. -For reasons stated in ¢he opin- ion it ie held that the instructions of the trial court are correct. . 3. Under the facts in this case, it is held that the error in excluding evidence which tends to prove a fact not in‘ dispute, or which has been previously proved ‘without dispute, is not ose 4. Where aft objection to a ques- tion is crroncously sustained, but the question later put to the Mess in substantiall; i¢ same form and he is permitted to answer, the error is -non-prejudicial. Bi 5. Itis not error to give a genetal instruction to the jury in # criminal fcase that they ‘may consider’ tbe in- terest, if any, of the person testify- ‘ing in the result of the litigation: The instruction is equally proper, al- though the defendant becomes a wit- ness in his own behalf. Appeal from the district court of Ramsey county, Hon. C. W. Butts, ¢ defendant was convicted of the 4 ime of engaging in the liquor. traf- ie. Opinion of the court by Johnson, judge. Affirmed. Geo- Shafer, attorney general, ismarck, N. D., and H. W. Swenson, state's attorney, Dqvils Lake, N. D., lepterneys for plaintiff and respond- ent. Romanus J. Downey, Devils Lake, N. D., attorney for the defendant. From Sargent County John P. Reeder, Trustee of Laura B. Saunders, Appellant. vs. Movious Land & Loan company, a ge poten spondent. Re: eivership of Movious Land Loan company, Louis Brenna @ State of North Dakota, Plaintiff, Intervenor and aS Respondents. vs. Movious Land & Loan company, a. ‘corporation, Defendant and Respondent. Syllabus: 1. Where a court ‘has jurisdiction of the subject matter of en action and of the parties thereto, informalities in the making and entering of an or- taining to the action, afl the thereto acquiescing thercin, do not render the order vulnerable to collateral attack. 2, Under Section 7947, C. L. 1913, providing that, “When notice of mo- tion is necessary it must be served cight days before the. time appothted age Lan hy ee: sie Sey o e order to show aus Preseribe a chorter ‘time, trict Court “Rule of Practice No. 5, providing, “Orders to show cayse will ordinarily not be granted where a motion will equelly suffice,” discre- ‘tion is vested in the court to shorten the statutory time of notice of mo- appears to the that good cause exists therefor, ie time may be shortened end the motion brought on by order to show causc. Held, for reasons stated in the ion, that.in the instant case no jabuse of discretion in that regard is own. : 3. In an-action for the dissolution ‘of an ini inclusive), C. L. 1913, may, eed eauen. fortes , in al iny other creilitotr against the: in such action. Arms Delegation|z =. Amerienn. participation inthe. pret merican ion in the = liminar: in conference fro hairman ‘Borah of the foreign -re- | j tution, vera ion, re; wl animonsty is nee without called up the - that the’ committec favored its , adoption, ae jon, fon it was Wephington—Willi Jametion governm: $500, ), Pare lered to W, oer of Williston ice is net subject] wirements as the or-|in restraining order. Held, for; ms stated in the opinion, that} th of dis- | u in ‘the instant case: ne large poe in that regard te shown: inion’ of the court by Nuessle, Pareell, of, W. eins a 0 B Forbes, Lounsbury: 4 of| ys for appellant, a crore a & Beck N. 0, Golly ed Me Po aly, Pleintiffs and Respondents Hired. Nerthlond nee a Kip : eS tien of the purchase | , has a lien passes. to the another: cha awith where the possessor subsequently dis- es of the pame in derogation of the right of the lien holder, éuch lien holder has an election to charge the wrong-doer in an actiom ex-contractu or in an action in tort for conversion. 3. The bringing of a foreclosure action against the party in possession at the time the lien arose and against those: into whose hands the ‘property had passed subject to the lien, where the complaint was rcasonably con- struedito allege the continued ex! ence of the property within the juri diction of the court, does, not mani- fest an election to waive any tort that may have been committed and to sue in contract. ‘ 4. The plaintiffs sued as partners, ‘and it is held, for reasons. stated in the opinion, that there was not a pea of Broot ‘in support of » the allegation o' nerehip. ‘5 Where the market Meth re a commodity at a given time is in is- sue, it may be proved by one who made inquiries of persons engaged in buying in thet market at the time and his recollection may be refreshed by concurrent memorande. Where, on cross-examination, a witness is sought tobe examined con cerning a matter not covered in his direct examination and which is ma- terial to a defense upon which no evideneg_ had been introduced at the time, such testimony may be properly xcluded. " ay ‘Where documents, which afford evidence of the plaintiff's right in roperty which is the subject matter fr issue, derived from the. pos- wession of the defendant, they may be ‘introduced in evidence without » fur- ther foundation consisting of testi- mowial knowledge of the witness as to the handwriting of the defendant's agent, by whom they appear to have been writee f 8. Where it appears that an erron- cous instruction affects only a mat- ‘ter of interest, the judgment may be corrected by eliminating that part which is. aflectea ‘by the instruction. Appeal from the District court of Ward county, Hon. Geo. H. Moellring, judge. firmed. : Opinion.of the court by Birdzell, J. F. B. Lambert, Minot, N. D., attor- ney for appellant. aul Campbell, Minot, N. D., attor- ney: for respondent: WRITES Ti KS People who. suffered from serious diseases that started with a simple cough or eold realize the importance of checking them right at the start. W. H. Gray, Venice, California, writes, “Foley's Honey and Tar is wonderful for attacks of coughs and colds.” Foley’s Honey:and Tar Com- pound gives quick relief from cough: and colds. Buy a botle today and keep it on ,hand for the slightest emergency. ‘Satisfaction guaranteed. Adv. Stamped Pillow Cases for embroiderying. Beautiful de- signs, 42 inch. Special 98¢ pair. A. W. Lheas C NOTICK OF REAL ESTATE MORT- GAGE FORECLOSURE SALB Notice ix hereby given that the certain mortgage. made, executed and,delivered by Arthur L. Cheno- weth and Pearl 1. Chenoweth, his wife, to The Federal Land Bank of ec, dated ‘the 1919, and filed for recotd'in the office of ‘the Regis- ter, of Deeds of Burleigh County, North Dakota, on the Sth day of October, 1919, ht 11:20 o'clock A. M., and: there duly recorded in Book 161 of Mortgages, on page 319 with @ power of sale therein contained, Will. be foreclosed by a sale of the Promises in such ‘mortgage | an ereinafter described at the front door of thé Court House in the City. of Bismarek, County of Burleigh, North Dakota, at the hour of 2 o'clock P, M.’on the 8th day of A. 1926, to satisfy the amount duc upon such mortgage on the day of sale. Default exists by reason of fatlare of mortgagors to make payntent. of amortization in- stallment of Oné Hundred /Ni Hive and 00/100 Dollarg ($195.00) whieh became due April 6, 1925, and by reason of failure of mortgagors to make payment of insurance prem. jum in,the amount, of Fifty-one and 50/100 Dollars ($51.50) which the mortgagee, the Federal Land Bank of Saint Paul paid on August 13, 1926, and of taxes in the amount of Four Hundred Seventy-eight. ‘and 76/100, Dollass ($478.78) which the mortgagee, The Federal -1 of Saint Paul paid on and becaude of such deta Kagce has clected and does ‘hereby ct to declare the full amount se- cured by sald mortgage duo at this igne, ‘The premiyes described in’ said mortgage and which will be sold to satisfy the same are described as follows, situated in the County of Burleigh, and State of North “Da- ota, to-wit: Tho East Half (B%) of Section Twenty-four (24), Township One Hundred. Thirty-eight (138) North, Range Seventy-seven (77) West! containing Three Hundred Twenty (320). setes, more, or less, according to.the Governmont survey thereof. There will be due on satd mort- Bate at the date pt esis. the sum of y-six Hun hts-elsht an: 17 88.77) hexides it fees and the costs of this Dated at Carrington, Nozth Dako- ta, this 15th day of y, A.D. THE FEDERAL LAND BANK OF : SAINT PAUL, RALPH cMonTON tore: Attorney for Mortgagec, »Carrington, Nort id PUBLIC OF REAL metaT:: Notice is ‘ven that under autfority of an ler of wale grant. ed by the Judge of the saat Court for Count if. Emmans agen dated du of sald Ce y following descrived reat coe ‘The South Half (8%)° o Fourteen 44)... In “Townghige tio Hundred enlyeale (136), Range Seventy-five (75), Emmons’ Counts, rth and Sputheast ined Range Beventy- h. County, NOR gale will be made at the fi eth ty Bats nary, ARTHUR B. ATKINS, ve for Admin mounan wat Nee istrator,