The Bismarck Tribune Newspaper, February 20, 1926, Page 6

- GEO.HAUSER TO BEHBAD COACH AT COLLEGE U. Towa State College Assistant j Coach Will Succeed Rich- ard Harlow bate York, Feb. assistant tate college, cording to the Colgate football .« Terms of Hanser's announce the New York state not disclosed. Hause: Richard Harlow, who cept the coaching ».- (P) football has accepted ome rsity, ac- nent today committee. George contract with insttiution were r will succeed resigned to ac- at Western Towa State for two that he was the best ath ord in the conference. Hauser started his in the Cedar Rapid school. to th Prior e athlete with cholarshin ree- football career ds, He is the son of a clergyman. | FARGO QUINT SCORES AT TOURNEY Team Rcils Most Series of the Scores 919, 9 St. Paul. F will be made night te ak: ternational Bow ngment ufter who Ww an It on t nifts The Red st mes of from Chie are expec marks set up to ne ¢ vo changes in t! in the doubles. G. Langwor' (A). HIGH 949, 946, 945. Milwaukee ted to put the their severest 50, hanging about, he singles and ilehistetia. fon alxitr: woth. 000. andi rolling three pins under that count, Joe Thompson of St. Paul nt into a triple tie for the,next berth, P. Nelson-Fred Chand] Paul took eighth positi bles with a score of 1, Election of officers of next to be disposed of at th ing, of the association "s tournament c jer team of SI jon in the dou- 221, and election were e ann today. PLENTY OF SCORING IN BASKETBALL Thirty Points Oft-times In-| sufficient to Bring Vic- tory Nowadays By ART CARLSON Basketball score They're getting highe: ally suffi invariably 30-mark to ‘h then it’s no's it to win. e a chal re bet, ence teams. Many o The Purpl Ten wrangle. little succe: inst. Michigan the Evanston en- Michigan semble scored 30 poii won by a field-goal margi Pugdue, Northwestern due won by three poin diana the Purple ran ‘A few years ago 20 points were usi N to Rit well ebove the | expected to be scratched from are mounting. r all the tim nce. And even Just take a glance at the scores | being turned in by Western Confer- 1 have chalked up a combined total of more than 70 points for an evening's work. An Example Northwestern has furnished a con- crete, though rather tragic example. has hit the 30-figure co tently since the start of the Big But it ‘has met with f them nts tallied ts. up 31 counters. But fndiana won by eight points. There were three ti in a ro ern dropped all of 33 to the fracas. couldn’t eke out a-single I Yaven’t the I am of the opinion ‘Conference. flounderi: of the And yet ie. Othet teainsyhave“been a bit. more fqrtunate than Northwestern. But as stated, many have been forced into “late ” to pul *S Keul Strict enforcement of the playing ténded to boost the scores, ered Not so far back « total of 10| * ree tosses was B good average. Foul finosine didn’t play a very big part edleshas ten Inipo: Its them. ictory. the Purple 1 out victories. tant me fe it’s rditterent now. About many fouls are being converted i coach | pal head | by lowa, high | Against In- Northwest- [ It_ scored It aver: But igures at hand .but Northwestern thas scored more points at this writ- ing than any outfit in the Western is we around near the bottom | | | { i | | | | { i 1 | Meet “Battling Annic” Newton, |England’s latest ring pride, who Jehallenges the feminine world at her weight — cheeking, charging, and so o: ntentional ; Some Intent rough y alty, of course, But those hould not draw too fing ting the action of the pla It takes away action, n things in, basketball en bring @ |fouls are called the game loses of its luste! e fans that enjoy jit for th gives them. | ci ‘a professional ‘ue contest in which 43 fouls wer inflicted. 7 points ac- erued throw } ut few field goals were thrown, The field goal is the big thrill; a long toss from » frei mid-court, a ¢le shot from aodere neath the hoop 4 pretty pass— that's what the crowd ere to see, The game I refer to turned out to be quite a nice exhibition “ foul- 5 shooting ability. That's not basket- Consistent | bali! | ing the players a little more Meet— | y before tacking on a Saat | a |would place less of & premium . on 16, 945 | nesing expertness, would |nish more action and would make | pocket tabul: excess equipment at An effort! the gam ity” teams to- Sis saadhaaieieact | rs in the In- | ciation tour-| i undisturbed he maples by anint of Fargo, | on the first missing the seore of me of the NEW SERVICE | Has Less Speed Than Her| me loubles and singel Fermer Offering But Takes | ie Twisting Bounce Beaulieu, \Franee, “Feb. 20.--(#)- jHelen Wills is trying out a service | with a twisting bounce, possib: y' for against Suzanne Lenglen should meet in the Nice tournament next month, in two singh She used it yesterday matches which she won with tha causes the bounce and her opponent to reach to| the extreme outside on the forehand. When the ball is returned it gener- uly reaches the net or just into the lcourt for a prompt smash to kill. With it Helen made 10 service aces yesterday. Suzanne has fully recovered from her near breakdown, due to her strenuous match with Miss Wills last | Tuesday, and says she i ever. as good as It now scems that the second match ‘between the Ameri n and French champion is certain to be played March 13 or 14. E COLL, if 20,—(#) j Was taken k to her home where she is confined to her bed, and is the tournament. After her collapse it was announc- ed that Mile. Lenglen had scratched from the Beaulieu tournament. The French champion is reported to be in extremely poor health. MISS WILLS CONTINUES HER HIGH CLASS P Beaulieu, M Helen V continued her play of superlative tennis in Beaulieu tournament tod: ing Miss BR. HW. Ha in straipht the defeat- of England | tin) and Fog aatan in the mixed doubles, ONE AMERICAN STILL IN THE TENNIS MATCH” ‘Are Eliminated by Three «..°French Players 20.—()—- The New York, Fe ou nae ot Suzanne in the list of tennis eroes produeed by the land of La- papints « there are field goals chalked pote Ina reeent Big Ten encounter} »Borotra. Lacoste and Brugnon eli- De peten fouls were called. Just | minated idiam T. Tilden, Vincent ‘of them were turned into points.| Richards and Francis T. Hunter from tam , week ae the national indoor aug hie | here yesterda: One Am remain: in straggle—youthful John Van Ryn, igtbion ‘colereretenie a “ Kk the title now held os Sone Tedy is he must def at Lacoste in the semi- | s finale today and then overcome the sug algae hoo, 3. de meridia. ice, France, Su- zanne Lenglen ed while en route to Beaulieu by automobile to- day to fulfill her engagements in the lawn tennis tournamnt there. She} tte (the former Joan Aus- | |forecast the final standing in | western conference Tilden, Richards and Hunter) hook to the and will take cn a mere man, ales if sufficiently pro’ picture demonstrat THE BISMARCK TRIBUNE att. Se ked, ag this ‘The nicce of a prefessor, she likes literature and such well enough, but’ feels woman has w place in the prize ‘fight MEET “BATTLING ANNIE,” NEW BRITISH RING PRIDE! : is one more view of this doughty Jer in action, this time pum- meling a bag so as to keep in per- fect trim for challengers. RAISE IN FREIGHT RATE ON GRAIN ring, also, if she wants it. And here— winner of toda contest between r non. . Who for seven ted defeat in cham- credit to his conqueror in singles. “Borotra at his best player and he was at his best toda: he said. Borotra was almost apologetic was not the real Tilden,” he said. BADGERS MUST WIN TONIGHT. TOSTAY AT TOP “tt iur-|Contest With Purdue May Forecast Final Standing in Big Ten Race Chicago, Feb. 20-—()—When Wi consin meets Purdue tonight at Madi- | son, the Badgers get a test that may the basketball cam- Boosted. from the ead by Tllincis’ | victory over Indiana, 21 to 20, W |consin must win to retain even divid- ed honors with Illinois at the peak. | Purdue, meanwhile, must win to lift itself from among ‘the five teams in section with an even | nd losses. n, which drubbed Iowa st Big Ten victory, hopes to it Iowa City, though the have not lost on their home The Purple staged an upset n the week when they toppled 10-pdint margin. and Michigan, ‘both down in the conference rating, clash at Columbus, BILLY PETROLLE LOSES BOUT WITH VOCE. ON FORTS ry fty-fif' i eal down eight in the second and a count of nine in the tenth, lost the di last night in his Madison Garden debut in New York city. Under the New York boxing com- miss greater number of rounds to credit is givén the decision. won the greater number of rounds, but there is no question as to which man was the stronger at the end, Vogel, who ¢hose to stand off his foe with left jabs, was hanging on des- perately at the bell, and on the verge of. a knockout. Gets Ovation was given. one of the greatest ovations even tendered a fighter after the decision, wh greeted awith a storm of dis val, was announced, So great was the din tHat the announcer could not announce the next bout on the bill. The “Fargo: Express” dropped his man in the se with a terrific right to the ji His tenth round, knockdown was seored with a left int. Petrolle | District Cage Tourney Held eee — Minot, N. 'D., -(P)—Deer- ing and Lone Tree, and Fox Holm pape Balfour graded consolidated | high school basketball teams — this | afternoon in ‘Minot are to meet in | the semi-finals of the distriet cham- Pionship to be decided. this evening. Deering defeated Sawver . by score of 26 to 15; Lone med Burlington 27 to 17; ox Holm defeated Des Lacs 25 to 14 and Bal- four was vietorious over Ryder 25 to 6, in games played yesterday. Golva Independents Defeated | at Beach Beach, N. D.,' i Feb. | 20. | ning eight games in succe: the best teams’ in this vicinity, the Golva Independent basketball quint. met defeat here Thursday night at the hands of phegpench Independents, names of Jean; Rene and Jacques join | The score was 27 f | burgh (10). n’s ruling, the fighter with the | Pl Vogel |” at Minot Today « cision over Eddy “Kid” Miller of Mi- not in their 10-round mix ete last | p; WOULD SERIOUSLY AFFECT FARMING ' Its position in contending againet readjustment of grain rates inthe northwest as proposed by an pci ved for the Interstate Commerce commis- sion is contained in a letter sent by to the North Dakota railroad board the Interstate Commerce commission. The question of freight rates on grain in the northwestern territory came before the Interstate Commerce commission in ithe report of an ex- aminer who heard the case of the Southwestern Millers league va. the Atchinson, Topeka and Santa Fe rail- The Southwestern millers con- tended that their rates were too high’ road. and pointed to the Northwestern grain rates as an example. from the Southwestern district Chicago. The examiner reported that the 17 cent rate was justified but that an adjustment should be made to pre- vent inequality between the north- west and southwest in freight rates on_grain. The North Dakota commission in- terpreted this as a declaration that northwestern grain rates should be increased and asked permission to file an intervening petition. ; The Board’s Position In outlining its position to the In- terstate Commerce commission E. M. + Hendricks, traffic expert for the board, said: ‘ ‘All rates on wheat and flour from North Dakota to Chicago are made by adding to the full local rate from North Dakota to Minneapolis, the proportional rate of 13 cents from Minneapolis to Chicago, and this is iso the basis for rates to points east of Chicago. The price which the farmer receives for his wheat at the country elevator in North Daketa, is based on the price at Minncapolis handling charges, in less freight and and the price in Minncapolis, sary trip to a training camp and first as manager. The athletes will spend the com- ing week “boiling out,” and in other wavs conditioning themselves. They will move into San Antonio with the second squad of. players Mareh 1 when training will start in earnest. ——eeee f FIGHT RESULTS | —_—_—__-——_-e New York—Tommy Milligan of Scotland defeated Jack: Zivic, Pitts- Sammy Vogel outpointed Billy Petrolle, Fargo (10). ‘Tommy Greeman, Hot Springs, Ark., beat Joc Simonich, Butte (10). azo, Ind.—Pete Sarmient beat Archine Bell, Chi- New York.—Wouis (Kid) Kaplan, of Meriden, Conn., world featherweight champion, and Billy Petrolle, Fargo, N. D., were signed to mget in 12- round bout at Hartford, Conn., Mar. 1. if Basketball Results i > —_________—_—__* South Dakota University, 27; South Dakota State 34. St. Paul Fighter Is Given Decision at Jamestown Bout Feb. 20.—UP)— Jamestown, N. Dy Bud Decourse of St. Paul by b speed, clever ring tactics and vicious stiff lefts to the face that had Mil- ler's face a mass of blood from the ird round on, won a newspaper de- night. Miller was too slow for the St. Paul youth, who kept well cov- | ered against body punches and ducked all but a couple of Miller's head wal- lops, which landed fér’ blood from the nose in the fifth. Mike Kelley, Jamestown, had the best of a six-round go: with Ed Wal- ley, Valley City, and Jock O’Donnell, Eckelson, won a technical knockout over Kelley Thompson, Jamestown, They were paying 17 cents per 100 alr turn, is based on the world’s tiatket Price less .transportation and han- dling charges, from Minneapolis to Chicago is in- creased, it will affect the price which the North Dakota farmer receives et his wheat at the country -cleva- or, “There have recently been ‘hoard by the commission at Fargo, N. D., seven cases involving the tates on grain and grain products, inclading wheat and flour, from North Dakota to Duluth, Minneapolis and points be- yond. These eases were heard on a common record. The carriers ‘now are seeking substantial increases in the rates on wheat-and flour from ‘a large number of stations in North Dakota to Minneapolis, Duluth and points beyond. The other cases are complaints of various parties seeking reductions in the present rates. Cannot Stand Increase “In the above cases the econymic condition of agriculture-was fully dis- closed and it was shown that the farmer is not in a position to bear increased freight rates. If the pres- ent 13 cent proportional rate from Minneapolis to Chicago is increased, it will undoubtedly have a serious effect on agriculture and add to the farmers’ difficulties. We believe that if the Hoch-Smith resolution means anything at all, it means that the freight rates on agricultural prod- ucts-should be reduced, not in- creased, and it is our position that if the rates on wheat and flour from Missouri river points to Chicago andj other points are unduly prejudical to shippers at such points and unduly preferential to shippers at Minne- apolis and Duluth, that such preju-| dice should be removed by reducing the rates from the Missouri river points and not by increasing the | rates from Ming eepalis and Duluth.” Y in the first round, flooring him. with wallops to the face so that he was dazed and helpless, although he did get to his feet at the count of nine. Melvin Kleven, Jamestown, and Johnny Mcinhart, Valley City, fought a six round draw as did also Teddy Hertel and Red Clark, both of James- town. Tommy McGough, 95 pound lad of Jack Hurley’s camp, Fargo, who chal- lenges anybody in the world at that weight, gave 4 two-round exhibition with Mickey McGofferty of the same camp. High School Quint Loses to Jamestown; Phantoms Win-Game Playing their final home game of the’ season, at the high school gym- nasium last night, the Bismarck high school basketball quint lost to the Jamestown high school. basketeers by a seore of 20 to 9, The game was much faster and more closely played during the first half and, although the-visitors-were. admittedly.:the' bet- ter players, the local men did not whistle. The first seven ‘minutes of the game were scoreless, and the first quarter ended 4 to-2, with the visi- tors in the lead. At the end of the half the score was 6 to 2. Coach H. E: Collins’ had all his regulars in the lineup last night, us- ing Lobach at right forward, Brown at..center, Olson and Bender at guards_and Hollenbeck and McCarty Siternately at left forward. Lobach, MeCarty and Bender each found. t! cage for. once during the evening, and suecessful free throws were made by Lobach, Hollenbeck and Bender. Lineup ‘The summary. follows: Bigtharck : Jamestown Lobach rf an Hollenbeck if Waldera Brown c Burdick Olson re B. Morrisey Bender Ig An Bubetitutes—MeCarty for beck; Morrisey for Burdick. son Hen. rr ders Lobach, “Hollenbeck, der; Regan 3, Waldera Se - Mo! ey, B. Morri “An e throw: STATE WARRANTS ISSUED DURING 1925 SHOW 90 PER CENT INCREASE Warranis. issued by “the state al shows. In 1924, Steen said, 48,899 warrants the number of warrants had increased: to. 86,503. ate were issued. In 1925 Cardinals Leaye St, Louis, Feb, 2). van- guard @f about 20: inate, piloted ‘by-Manager Roge’ mina will leave tonight for ‘Terrell Lo ‘Tex., re nent training for : ‘the 1 sea- ote will be Hornsby’ 10th: enniver- For Training Camp}: ; total amount paid out in (oe 14,688,271. 91 bier hag es against §: a Wolf and ‘magpic warrants . Hail insurance warrants A General warrants .... ; 48,899 i. tor’s office ehowed an ‘inérease | of nearly 80 per cent during 1925, a re- port *by State ‘Auditor. John Steen * Additional fault space and_ filing oN equipment have been: added to the auditor's office to care for the addi- tional records, Steen said. He ox- plained ‘thet. efich warrant is ropre- sented by a voucher and in the case of warrants paid from the genes fund the vouchers must be seprored by the department. head a1 state auditing board. The comparative warrants issued in 1924 and 1925 follows: 1925 Number 55 no iagperoat 34,743 1847B405.15 44, Racal #15,608,271.91 36,503 Reed 1, 1.09 VeRO E16 | age 5 | fount 8 1 If the proportional! rate of 13 cents on wheat and ran | give up the fight until the final | Field goals—Lobach, MeCary Ben-| be a: Bender; Regan, Waldera, R. Morri- sey 2. Phantoms Win The Bismarck Phantoms, an inde- pendent ation, administered a decisive defeat to the Glen Ullin In- dependents in a: preliminary game last evening, the final score being ‘36 to 13. tthe ‘end of the half the score was 26 to 13, the visitors fail- ing to register in ‘the last half of e. This win for the epent les- sens considerably the ig of a de- feat at the hands is pf the ‘Gien ‘Ulling: ites earlier this season—the Phan- toms’ only lost game in two seasons, The lineups -follew: 4 Phantoms Glen; Duin Kludt rf lor Gray Tg ary Greenfield c {Olson Collins ™ Hardinger Slattery le e' Substitutes—Robidou for ‘Atudt, a for Gray, /Livdahl for ‘Slat- ery. Field goals—Kludt 4, Rohidou; Gray 2, Livdahl 5, Greenfield 43 Mallary, Olson 2, Grewer 3. : Free throws—Kludt 3, Taylor. * Man, Seriously Hi, Confesses a Murder— Recovers—Is Hanged Portage, Laprairie, Man. = john Kooting, a Shoal Lake, Man., was hanged here today for the murder of Dymetr Shaezyko, lodger at the Kooting home. ‘The crime was committed in No- Miiedth 1921, and for four years bat- lice, who were ungble to fied the ody of the victim. Taken seriously ill a year ago and believing he would not live,” Koot- ing confessed that he ha Shacayko and buried the corpse in a pig pen on his farm. Kooting recovered and wns kubse- quently brought “to ‘trial’ and‘ con-. victed. | “Supreme Court | Decisions. qn, Gray 1; Feb. 20. rmer «of ] ricleh County ‘Minot Specs Sel District Number One, a municipal cor- poration, et al. pier ake ond ‘Appellants. 5, A: Olsness, a6 Commissioner‘: ‘ of Insui of. 'the. State of { North Dakota, Defendent and ‘Respondent. Fund for the purpose of: furnishing fire and tornado insurance upon the property of the state, and counties, cities and other political subdivisions thereof, is not uncenstitutional on the ground that it abrogates or im- genres the right of freedom of con- ract. 2. Said Chapter /159 does not vio-! late any express or implied consti- tutional guarantee of the right of local self-government, _ 3. The wisd necessity or ex- Bediency of le; tion are matters ‘for legislative, and not for judicial, determination. 4. Whether the plan of insurance provided by the State Fire and Tor-' nado Fund law is adequate or inade- quate, safe or unsafe, are matter: for legislative, and not for judicial; | determination. 5. A litigant can be heard to ques- tion the validity of an act only when, and: insofar ‘as, it-ts applied to his disadvantage. 6. Chapter 159, Laws 1919, does not create an indebtedaess on the part of the State of North Dakota: at all, Any claim arising by reason. of} a loss under said statute is a claim Fund alene. * 7, Said Chapter 159 is net uncen- stitutional onthe ‘ground “that it delegates taxing power to the Cem- mission of Insurance. From a judgment of art rece Court: of ‘Burleigh ch County, ‘Jonsenins, J., plaintiffs a; Affirmed. by Christianson, Ch. J. L. J. Pal J GoD Asker, ©. E. Brace, ‘Minot,’ . attorneys for. ap- pellants. George F. Shafer, Attorney Gener- al, pep ‘Thorpe, dastusent ‘Attorney General, “Bismarck, N.° D., for .:re: spondent: From Mountrail ee ity The State eS North Dakota, pant and Respondent. Jack Panchuk, Defendant “and Appellant. eh i 8 ays pel prove ‘facts. and circumstances : tend: ing to show the bias or prejudice a. witness. ‘The range the. cros: examination and the inquiry, for}. this purpose, is largely within tl sound discretion.of the trial ¢du' and his conclusions in that behalt! 183 jaill wot ibe disterbed unless abuse | discretion appears. Held, for reasons stated in the 0) spnien, that the cross- examination of a witness for the state, in a prosecution. under the pre- hibition law, was not improperly: re stricted. 2. Proof of one sale of intoxicat- ing liquor, in violation 6f Sections |” and | 1923 is, continuing offense. 2 ar ue mies ot ittal is interposed, the Sa ‘8 constitutional right, under the ior at. H ofendadt guaranty of trial by jury, to. have. that issue, in so far ag it is one of} 5 fact, ahinitted A, the jury, with ap- propriate -inatructfons as to the. law. ‘Phe right not to be put-in je6-| the second time for the same offer ae is as important and should) rupulously regarded as the! right, te see by jury, é gee eater 2 or Pindictnen eater petent rr studs re ferry who have been sworn beats sein he hs ae ft Pipes of” o seit is sasinet 8 a secon jee-. Fel ore be ‘dentical in ‘nw and, forme ital ix eau Pea are si ceptine eof and, ined by, \d'if: the ‘averments if prov-| r,s rt a the eden wider the, later, latter’ the aL charged in the two dung fact and in age < in eo ng is a en of law-for the court; whether the a identical in fact is 2 ars Py Sa mae i fied tepliehina a. 2 State Fire ‘and ‘Tornado | sai against the State ‘Fire and ‘Tornado) fendant in the -case at-bar,. Laura of the Court | ji. raph, makes a || and’ disposes /of ‘his “estate” or his ive nila a and, all preliminaries have | wary 1, 1924, and May 44, bys J = Pie in -eddition: to ‘the guilty, pleads autrefois oe aed introduces of his __ ple: chara @ crime of: the. same name. committed von “91,1994, and: a verdict of not guilty, thereunder; and relies and where the state offe: that on evidence tenting to show the crime was itted sin ‘Novem- mer, 1924, and early en fh there is no other evi ypt the first Dah su 43 coe cd on the issue o: ntity in, fac Of the two-erimesy it fi held: (a) That the fi ae inf@ nation is prima facie evidence of the identity in legal nature of she offense charg- ed in the two informations. (b) ‘That the question of identity in fact is for the jury; and the ver- dict finding against the defendant on ‘the plea -of t former nequittal is am- ply support iy competent evidence. (c) That State v, Lesh 27 N. D. 165, 145 N. W. 829, is not controlling because the court, there héld that the crime charged was a continuing of- fense. Appeal from the district court of Mouwntrail caent” N. Dak., Hon. Jno. C. Lowe, Ju Affirmed. govinton of the Court by. Johnson, Geo, F. "ghafer, Attorney General, Bismarck, N. D. and C.N. Cotting- ham, Stanley, N. /D., State’s Attor- ney, Attorneys for Plaintiff and Re- lent. : ¥F, F. Pitas Pere x. ati At- jarney for fendant_ and Appellant. From Cass County Nan WwW. Bailey, Respondent. Laura Bailey, Jnatvidualty and as executrix of ‘the estate of Fredick H. maneys deceased, ‘Appellant, | Syllabus: Se 1, The word “property” includes Property real and’ personal, an ish a divorce is granted the court has jurisdiction over all the property ofthe parties, both real and personal, and may pee: fhe same as may ‘seem just and 2 ie plainti ff an ana defendant in ‘a divorce: action ‘agreed on a division, ‘of their property. The ‘court on granting ditorceto the plaintiff ‘adopted ahd approved the agreement, and at the special instance ‘and re- quest of ‘the parties included such agréement, ‘in ‘the findings of fact, ‘feonelusions.of law, and-final decree. By the terms of.said agreement, the plaintiff was, given’ thes ‘homestead and the defendant was to pay all in- cumbrances thereon, and as security therefor, the plaintiff was to have| a first lien on certain rugs, and oth- er: personal roperty ‘specifically de- wel id. ‘Held that--the court ha jurisdiction to include in the find- SYLLABUS: i of fact and conclusions of law, 1, ,Chawter 109, Laws 1919 (amend: and final decree, the said agreement ed ‘by Chapter 164, Laws 1925) es] of the plirties and the inclusion of id agreement in the fi er with a specific description of the property upen which the plaintiff was to have the lien, and the filing of the same in the office of the clerk of court.and the office of the regis- ter of deeds, gave to the plaintiff a good and valid Jien for the payment of incumbrances against the home- stead. 8. The words exist and until are ‘usually words of limitation but. such construction yields to the manifest intention of the parties..and under the general rules and statutes of this state governing the interpreta- tions “of contracts the agreement be- tween the parties, the. findings of fact and conclusions of law and de- cree must be considered, and taken ‘S| together so as to give effect to eve Part, if reasonably ovate eacl clause helping interpret the others. 4. The construction that the par- ties themselves. placed upon the con- tract be resorted to to deter- mine their intention. 5. The decree in the divorce ac- tion and the lien created thereby wag binding upon Frederick H. Bai- ley, the defendant in the, divorce ee tion, and upon his estate. The de- Bailey, ta aon representative, has no greater rights over the prop- erty: covered by the Jien that Fred« ae H, Batley would have if he were. living... Any individual rights the de- fendant, Laura Bailey, may have to said property, comes through Fred- rick H. Bailey, and are subject fo the ien. Appeal from the’ District. Court of ce 1s County, Hon. Chas. M. Cooley, aot rmed. Opinion. of the Court by Burke, Shute & Murphy, Fargo, North Da- kota, Attorneys for Appellant. Richardson, Green ‘& ~Wattam, Fargo, North Dakota, Attorneys for Respondent, Elizabeth- W. Talcott, anit i Beano’. Laura Bailey, Mndividuatty and - as Executrix of the estate re Frederick H. Bailey, Deceas Atabas Defendant ‘and A posta. area maa an waych, 18, j. D. 6A, 22 and -purauant Le 2918, itis. held, that life InSREARAD, payable to aps pie) executors, :.administrators, ssigns ofthe insured, is: deemed to. te be payat rable: to the heirs gt the snag e Hascedh op ee ‘Where the insured, whi icies are payable as indicated it in me preceding parag: will “property,” it is. held, for . reaso stated inthe opinion, that, the nfo: ceeds of the os are wholly un- affected by the i al from he District Coprt of . Chas, M. Cooley, saci) Affirmed Opinion ‘of the Couxt shore ry Murphy, Fargo, N, D,, -At- |) torneys. tag Ret na Ae llan Rit nae N, Dy Attorneys for Plaintiée arnt’ Ret has deca | Cass iy) «Fete ws," sgiicaro, me | features; 8,-Musical coi tay, “The Paar Seasons"; of 30, Feature; 11, Orchestra. and soloists, KSD (6451) St. Louis, 3 Me, | 1, Orchestra; 8:30, St Symphony orchestra. - 4 Local People Ur Urged to Use Vigorous Measures to Com- bat Further Spread of Deep’ Grippy Colds. PNEUMONIA CHIEF DANGER Grippe Attacks Weaken Body’s Re- sistance to Germs of Pneumonia —AHl Colds Should be Treated Promptly. Deep grippy colds have been unus- ually prevalent-here this winter. The situation is fairly general through- out the States. In some sections these colds are called “influens but the majority of hoalth offiters report that they are much milder than the original epidemic. and re- semble more closely the old-fashioned Ja grippe. They are usually accom- panied by a headach> or achy fecling over the body, “running of the nose,” sneezing and frequently by gastric and intestinal complications such as hiccoughs, naus diarrhea, ete. Colds are too often neglected until they have lowered the vitality suf- ficiently to permit the lurking germs, which cause \pneumonia, bronchitis and influenza to attack the body. Don't Take Chances The only safe plan is to attack a cold right at the beginning. A hot fost bath, a laxative, a sweat and 2 vigorous application of Vicks Vapo- Rub at bedtime over throat and chest will often break up a cold overnight. For hours after. Vicks is applied the vapors of camphor, menthol, eu- calyptus, thyme and turpentine, re- leased as vapors by the body heat. are inhaled directly into the infected air passages. At the same time it warms and stimulates the skin like a poultice, and pai It is an obstinate cold indeed that can resist this direct, double action. Vieks Vapor Steam If the air passages are badly stopned up, try the “teakettle and tent” treatment. This method-—fully explained in the directions—consists, briefly, of vaporizing Vicks in a te kettle and arranging a newspaper “tent” over the patient’s head so that the combined .warm steam and medi- cated vapors can be inhaled. Mothers especially appreciate Vicks for the frequent colds of children, as it can be used freely and often, with- out disturbing the digestion—you “just rub it on.” Over 21 piltion jars ate used yearly. dy. ‘drawing out” the soreness and orchestra; and orchestra. Compilation of State Tax Laws Nearing Finish Compilation of state’ tax iaws, BB ;Sun recently by State Tax Commis- sioner T. H. Thoresen, will be completed within a month and will be ready for distribution about June 1, it was said at the tax commissior- er’s office today. The tax. laws will be published in book form and, will contain instrue- tions to assessors relative to the duties of their positions and the best hee of perfor them. it is he first compilation of tax jaws ‘which has been made since the gen- at compilation of state statutes in 1913. 11, Vineent Lopez R Andifhete—youloee—health ,and pep—uniess you wear -HO@D- First Class Tire Repairing, Selberling {hte Tires 5 and 216 ‘Main Phone 356 R BISMARCK WELDING _ WORKS 208 - 10th St. Phone 776.