The Bismarck Tribune Newspaper, April 27, 1926, Page 4

Dada racetnen in ° PAGE FOUR The Bismarck Tribune! An Independent Newspaper THE STATE’S OLDEST NEWSPAPER (Established 1873) Published by the Bismarck Tribune Company, Bismarck, N. D., and entered at the postoffice at Bismarck, as second class mail matter. George D. Mann..........President and Publisher [owe ont 2 icecream cincinnati Subscription Rates Payable in Advance Daily by carrier, per year. Daily by mail, per year, (i Daily by mail, per year, (in state outside Bismarck)........ Daily by mail, outside of North Dakota. . Member Audit Bureau of Circalation Member of The Associated Press ine Associa' ‘ress is exclusively entitled to the use for republication of all news dispatches credited to it or not otherwise credited in this paper, and also the local news of spontaneous origin pudjished here- in. All rights of republication of afl other matter | herein are also reserved, + 6.00 Foreign Representatives G. LOGAN PAYNE COMPANY CHICAGO DETROIT | Tower Bldg. Kresge Bldg. | PAYNE, BURNS AND SMITH | NEWYORK -.- - Fifth Ave. Bldg.| re (Official City, State and County Newspaper) earn aeaaar || Man and His Fish ~ \ Now is that gladsome time of the year when aly good parent fi sing to their baby fishes a lullaby | which goes “fishy, fishy in the brook, bad man catchy | with a hook.” | Now is that gladsome season when the most docile | men who have ever asked least of life would sell | they very birthright for a pole, a reel and a coy fly | uaranteed to have the come-hither wiggle in her shoulder blades! The wise woman will ra outbreak of ye springtide no voice against the | fisherman. She will re-, }' Tlect upon the course of mighty empires since the | first dawn, and consider the potent part that fish, those armless, legless members of the animal king- dom, have played in the world. | That Biblical “flesh,” for which the wandering | Israelites mourned, was the flesh of the fat fish of | the land of Egypt, killed when the waters turned to! . blood, say Biblical students. i In ancient days when the Spartans filled their empty cavities on little but black broth, fish was the one table v it. | Even Pythagoras, who demanded the fare humble could not harden his heart against a brown, crisped fish. ‘ The Poet Menander’s lost fish sauce recipe has wrung tears from the eyes of a countless host of | epicures. Nereus was laureled for his cooking of the cong- er eel, and Agres of Rhodes crowned for his bone method of dressing fish. When a monster turbot was given Domitian he _ convoked the Senate itself to find a fish kettle big enough to hold it. The Senate was split, as one faction advised chopping the fish up and another howled against such desecration and demanded that molders make a special kettle. The Emperor Heliogabalus kept a huge tank of sea water thousands of miles from the sea wherein + 6.00 | | readmittance \it a fire and calling it a fire does not mean that | the smallpox the consequence is more smallpox. That is why they tend to forgive the criminal. He! has taken their sins upon himself.” ' | There may be a kernel of truth in what Dr. Brill | |says. Study your feelings the next time you read | }a murder story and try to find out. | Reward i | Chubbie worked hard for 25 years without miss- | jing a single day. Good weather and bad always | ‘found him on the job, performing his tasks like 1 0 | good arid faithful servant. | | Now Chubbie is receiving his reward, He has} been pensioned for the rest of his life; his remain. | ing days he will spend in a state of blissful idleness | on a farm in Millwood, N. Y. | Chubbie, if you haven't already guessed it, is aj ‘horse. The American Express Co., for whom Chub- | bie worked in Flagstaff, Ariz., was appreciative | enough to recognize that Chubbie had something | coming. For a horse of 30 years, he ill in good jcondition, being sound of limb and of wind. But he had earned his rest, and it is to. be hoped that his years of honorable retirement will be many. Calvin Coolidge has been invited to keep cool in Duluth this summer by the citizens of that enter- } prising city on the unsalted sea. Delivery truck almost ran over President Cool- idge. Can't always get by on your reputation. | __Editorial Comment || The Policy of Shush | (Chicago Tribune) } Dr. George Parrish, city health officer of Los Angeles, says it may be necessary to ask for federal aid if his office continues to be hampered by local interference. He says the city has the “most malig- nant epidemic of smallpox that has attacked any city in recent years.” The county council has over- | ruled the health department regulation requiring a | card for the child after an un- explained absence of three days from school. This | requirement was one of the means of. checking against the disease. | Cities do not like to have smallpox. They do not | like to have bubonic plague or plagues of any kind. | States do not like to have hoof and mouth disease. It does not make an earthquake any worse to call | there will not be another earthquake. But when a city has the smallpox and refuses to admit it has ; blessings a religion and they do not intend te. con- cede that anything could go wrong with what is so manifestly intended to go right. That doesn’t stop the smallpox and it doesn’t stop anything that is wrong in any community but there are still many places in the United States in which the best way to get chased out of town disported sea fish ready for his appetite’s inclines. Julius Caesar “threw” a triumphal banquet at which he served 6000 mullet and lamprey. “Sea swine,” as porpoise were known in old ‘Anglo-Saxon days, gave forth their baked fragrance efgat King Arthur's table. King John once swore a royal license to one Sampson, permitting him to go to Nantes and buy *Yampreys for the dainty appetite of a visiting eduntess. “This same king protected lampreys better than ziny subject. So anxious was he for the rabble to ‘taste their toothsomeness that he ordered the +) sheriffs of Nantes to forbid any monger to “ery” lampreys for more than two shillings each. So, ye housewives of 1926, remembering these mercies that the fish realm has known throughout all times and climes, sniff not too disdainfully when thy Gudman returns home with but a “minny” or sluggish carp. Man-eating Sharks Do sharks eat humans, or are they as amiably harmless as maltese kitties? . An airplane daredevil leaped from his ‘plane into mid-ocean off the Florida coast.. He did not reap- pear. The pilot circled about the spot where he went down, and reported “a school of fish looking like sharks, in the water.” Explorers, however, smile cynically at the man- eating shark belief. They call it legend and super- stition. This little story comes from Miss Ruth Rose, who has accompanied as historian the famous explorer, .>, "” Wiliam Beebe, on all of his expeditions: = “I have gone to the bottom of the ocean any num- ber of times in only a bathing suit or hiking breeches,” says Miss Rose, “with sharks swimming over my very toes like dense schools of minnows, and have never thought of being afraid. “Explorers, and I know many of them, deny that a man-eating shark ever lived. They admit that at some time in the history of the world a shark may have bitten one or two humans. But so do dogs and cats, and we do not talk of ‘man-eating cats,’ and ‘man-eating dogs’.” But just try telling that to an old sailor hoppinz about on his cork leg! Try to tell it to most anyone! We like our dra- 2 matic tales—be they legends, myths, or truth! Crime News Does the reading of crime news lead to violation of the law? Do the persons who read murde1 stories want.to go out and do likewise? What is the influence of crime news upon the reader? of New York city, a psychologist and “investigator of the human impulse.” He says, in part: “We chafe under law and order. Responsible citizens even venture into crime when it comes t> faking income returns, slightly or not declaring all the things they bought abroad when they come home ‘tt Alipugh the customs. “So much we allow ourselves, but we. hold back at stealing and killing. Yet we like to read about the clever crook who gets away frm the honest policeman, principally because the criminal tendency ‘in us finds « familiar note.’ We) identify ourselves with him snd that gives relief to the suppressed tendency in us. \| mittee and the volunteer committee of ‘business men. Here is a new idea, advanced by Dr. A. A. Bri!l | is to point to something which needs action and not silence to stop. The Coming Charter Election j (Minneapolis Journal) | It now seems fairly certain that Minneapolis will have opportunity to accept or reject the new Charter on primary election day, June 21. This will be a special election, so that if four-sevenths of the votes actually cast on the charter ue are affirmative, that will insure adoption. Failure to vote .will not be equivalent to a negative vote, as it would be if the new instrument were to he submitted on a regular election day. Accordingly, if the Council orders the election at its meeting on April 30, as it must do if the pre- liminaries go through as planned, there will remain apolis to familiarize themselves with the new Char- ter. There is need, therefore, for the intensive cam- paign that is planned, if the people of Minneapolis are to vote intelligently on a plan which aims at complete rearrangement of the municipal govern- ment. > In general, it may be said that the new Charter is of the city manager type which has in recent years proved popular with American cities both small and great. It has superseded the commission type of charter, which had a great run of popu- larity a few years ago but which, as St. Paul can testify, has not proved the world-beating success that was promised. The city manager plan naturally depends for its success largely on the ability, energy and honesty of the man selected to act as city manager. That selection depends in turn on ‘the sort of men chosen at the polls to serve on the Council that elects him. And what is done at the polls depends on the active interest of the electorate. The same thing might be said of the form of popular government—its efficacy depends on the people themselves. A faulty govern- mental machine may yield good results, because of the care with which it is run, while a theoretically perfect machine may wérk badly, because neglected j or abused, However, good government is far easier of attain- {ment when the apparatus used to obtain it is well built. The need of Minneapolis for a good, reliable new charter is beyond a question, The real ques- tion to be considered is whether the present offer- ing fills the bill. ; The new Charter has undoubtedly been improved by the cooperative labors of the Citizens’ Com- As might have been expected, the chief improve- ment effected by good business judgment is the {retention fn substance of the Board of Estimate and Taxation with a supervisory power over municipal | finances. This is said to be an innovation in city manager charters, but it is certainly a precaution- ary device whose value has already been demon- strated.in Minneapolis experience. , The Charter introduces some ultra-modern device: of doubtful value, such as proportional representa- tion, the referendum and so forth. The first may be eliminated by court decision as unconhtitutional. And in any event the Charter should be weighed a3 a whole and not condemned merely for this provi- sion, deemed objectionable, or approved for that one, Costello, do you, young woman Costello was not only his partner but his friend.” and Gerald friends.” a little over seven weeks for the voters of Minne- | ting THE BISMARCK TRIBUNE Fe | Also the Mother of HEB.OWN WAY oe Girl of Today FIRE MEETS FIRE | . : “Did you meet Gerald at the res- There is something of this policy of shush in | taurant, Miss Dean?” | Sener ot i a very.|_ "No [only met your son last! nearly every community. There are citizens every. | night:’ Youw-see; this friend) of mine where who will regard suppression of news as | got a black eye in the melee and I cure. They will believe that much crime undis- | 8s still in my black maid’s costume, . : : so we were hunting an inconspicuous cussed is better than less crime much discussed. | place to eat when Mr. Hathaway, who Cities which attract tourist trade make their local he rad is a partner of — my riend—" “You don’t mean that Irish Jim! “My name is Miss Dean, Mr. Hath- | yes, I know, young--Miss “Your son, sir, id that Jimmy “He's a good boy and a smart boy Jimmy Costello,” remarked | Mr Hathaway, Senior, “but I wish, he weren't. such good “Of course, Mr. Hathaway, I can’t understand that because I think Jim- my is perhaps one of the most won- derful boys in the world.” The old man cocked an eye at’ mé over a pair of nose glasses that hung around his neck on a broad ribbon. I really think he wanted to wink at me but he restrained himself. “Oh, of course, of course,” he sput- tered, “but letis get back to your stor I reminded him that he was the one who had gone off on a tangent about Jimmy. As I said this 1 heard a queer little | suppressed exclamation, I turned and faced the secretary whose were bulging out of her head. ey dared to be a human being before when the autocrat of the Hathaway fortune spoke. | I confess I began to be a little ner- vous myself. “Be yourself, Judy, be yourself,” I kept repeating inside of me, espe-| cially ws I heard Mr. Hathaway tell! his secretary that she might go out to luncheon and I knew that he had understood that suppressed little in- coherency as well as I did. » When she had left, he thrned to me with a laconic: “Go on.” * “There isn’t much more to tell, Mr.| Hathaway. Only this,” the splendid bag. “This' morning T got this by special ‘messenger und it isn’t mi (Copyright, 192 TOMORROW: Fearlessness Begets Admiration. 5 asic 1 held out -TWINS CLIVE ROBED®s BARTON THE TWINS IN THE BUTCHER SHOP and Nick were so busy get-! ister Tingaling out of the ‘sausage machine (into which he had fainted when the three Gazookumses jumped out of the window) that they never noticed the things the little rascals had left behind. It was Mister Tingaling who saw them firs’ The- minute they lifted the little fairyman out of the sausage machine and stood him on his feet, he saw them. f “Oh, look!” he cried, his eyes as round as his hat. “Looky there! Whoop—eee! Hurrah!” There on the floor lay the big pocketbook, the rent-book and the/ lead pencil as nice as you please. | Nancy the first to run and) open the pocketbook. “It's emnty!” she cried. zookumses stole the ,.moni “Where’s the bute! r Nick looking around. “Here,” said a strangling voice up near the ceiling. And as sure as I am writing on paper, there hung the real butcher on a hook like a piece of beef or pork. “Oh, you poor th cried Nancy. et the ladder, Nick.” Nick went to@he cellar and got the ladder, and Nancy got a big sharp| knife, and they got the butcher down. | But there in’t enough left of his; coat to make a patch-work quilt or a/ hooked rug. “Won't you tell us your story? asked Nance; “The Ga- asked shouted Mister Tingaling. ‘this anywa arty or rent-day, I'd like to “Well, + So it must ”” said the poor butcher. | “Is this your money? I took it from| those bad little—little what did you; call them?” said the butcher. “That's! what they chased me for. Then they | stole my long apron and cap. I never! saw such awful creatures as those Zagookumses are.” | corrected Nick. Ys what I said—Kagooz- said the butch “No—Gazookumses,” said Nick. “Didn't I say so? Sazookugses, butche 's not right either.” said Ga-zook-um-ses, what I said r. “Ga- you say their name “Oh, the idea! id Nancy. “Let’s I should marked Mister Tingaling. when there’ done! I want to thank you, my dear fellow, for bigs kindness in get- ting my money for me.” i atte Ass dee} ane butcher, ar fellow, rerybod: thinks I am dear and I'm not. Beet is six shillings tuppence, and pork is two bits a pound. That’s not dear.” Phey 1 ‘ontcher still talking ‘Of meat. “Now let's see,” said Mister Tinga- ling. “Where are we? And where did we leave off?” “We were at the we started to ¢ began Nick. “Don't say it,” said poor Tingaling, sticking his finger. ears. (To Be Continued,) (Copyright, 1926, NEA Service, Inc.) SHE'LL SOON KNOW MISS FORTEE: Yes, dear, we have been engaged a long time, but what has prevented me from taking the irrevocable step has always been the fateful question, “Wili he love me when I grow old?” MISS TENNY: Don’t worry, dar- ling, you'll seon know noW.—Scar- borough Post. wl's house, when e the Gazook—" i WELL, MR, TRoG, 1 Svess\E Wee BE Sowce—.] 3 | Evi-} dently no one in that office had ever; Debt Settlements ——_________—___-® i InNew York | : York, April 27.—-There ‘al impression that high s J stage person spenders.” nore often the ¢: are “big Broad The reverse mate for a mome in publié as well | pacity 1 3 thei They know quite weli that the average cafe or night club pre- prietor is so tickled to have them dtop in that he would almost pay for the privilege. Frequently he does. _ And if they are placed in the posi- tion of having to spend’ much, they seek a place where the rules are dif- ferent. The idea is this—human curiosity being what it is, tourists and natives | alike will rush’ to such-and-such @ place if they think that Lottie Film- face or Hector Hero- will be there. That makes business good, and Lot- tie and Hector are welcome faces. Visitors from here-and-there-and- | everywhere love to go home and tell | the folks they sat right alongside of, Peggy Joyce or someone equally | prominent in the limelight. Recently a night-club proprietor offered “Peaches” Heenan, “Cinder- ella bride” of Edward Browning, the neat sum of $350 if she would just casually drop in and spend part of the evening. During a period of time when a former famed film star was having financial difficulty, she managed to tide over the lean period by the sim- ple expedient of walking into a num- ber of cafes, letting herself by recog- ized, smiling prettily here and there, dancing a few times and then wan- dering on to the next, Tt is part of the acting game to “be on view” publicly, as well as on stage. And since -thére are a suffi number of people ready to trail be- | hind, gaping and gawking and ready {to spend good money just in the same room, the famous ‘ones be- come decoys, > Which is one of the reasons why Broadway is Broadway—and prob- ably always will be: --GILBERT SWAN. (Copyright, 1926, NEA Service, Inc.) ent, | England still believe in witches. ed Country people in many parts of, a. “TUESDAY, APRIL 27; 1926 | BY DR. HUGH 8. CUMMING , Saregon General, United Stgtes Pub- \ He Health Service The ability to perform artificial res- piration successfully is a desirable accomplishment. Many a life has ‘been lost because of lack of calm, | intelligent and prompt action on the part of the bystander. Suppose you were suddenly thrust {into a position where artifical respira- ‘tion wauld save a human life. Could you perform it? 7 \" Among the more important emer- gencies that call for artifical respira- tion are electric shock, poisoning by! ilu ing gas, poisoning by cer- tain drugs such opium, morphine, {chloroform and ether, and suffoca- j tion, particularly when due to drown- ing. phe Schacter Method Unless the air is‘good, immediately et the victim to pure ‘air and per- ee the Schaefer method of arti-; ficial respiration.at once, Place the person face downward, that is so that the body rests on the abdomen, Quickly feel with your finger in his mouth and-remove any foreign body, such as tobacco, false teeth. If the mouth is tight shut, pay no tention to the above instructio! until later, but immediately begin resuscPtation. Every moment of de- lay is serious. Extend one arm Wircetly overhead, bending the other at the elbow, with the face resting on the hand or fore- arm so that the nose and mouth are ‘free for breathing. An-assistant may |Hogsen all tight clothing. Blankets, hot-water bottles, or hot wri¢xs well wrapped in paper or : HEALTH SERVICE COULD YOU BRING HIS LIFE BACK? cloth may be placed about the per. son dy an assistant. Kneel, straddling the _ patient's , hips with your knees just below the patient’s hip-bones. lace the palms of your hands on the small of the back with the fin- gers resting just below the ‘ast rib, the other fingers and thumb; slightly and naturally separated, the tips of the fingers just out of sight. While counting 1, 2, and with the arms held. straight, swing forward slowly so that your weight is gradu- ally btought ‘to bear on the natient. This operation forces air out of the lungs. ~ Remove Pressure While counting 3 immediately swing back so as to completely re- move the pressure. When the pres sure is removed the patient's chest® walls through their elasticity expand and the lungs are thus supplied with fresh air. Rest two seconds or while slowly counting 4 and 5. Swing forward again, repeating the operation. The double movement of compressing and re releasing, causing a complete respira- tion, takes about 4 seconds, Fand should be performed ahout 12 to 15 times a minute. If no watch is visible, follow the rate of 5 Contiaue artificial respiration with. out interruption until natural breath. ing is restored. If necessary, keep it‘up 4 hours or longer, or until a pyscae declares rigor mortis (stif- ening of the body) has set in. If natural breathing stops after being restored, use resuscitation in. Artificial respiration should be gentle and slow. | SUPREME COURT : | agp ee | FROM WARD COUNTRY | | Great Northern Railway Company, a Corporation, Plaintiff and Respond- ent, | -v8.- Ss: | The County of Ward, » municipal eor- | poration, and Alfred Mostad, asi County Treasurer of the County of | | Ward, Defendants and Appellants. | | Syllabus: (1) Section 20 of Chap- ter 122-of the Session Laws of 1921,! which provides for a limitation of |} tax levies and makes certain excep- {tions therefrom in favor of special | levies for local improvements and for} | the maintenance of sinking funds, is construed, it is held that road in prescribed and not within the ex- ception of “special levies for local improvements.” —“ * (1) When the intention of the legis-| lature is not clearly expressed in a statute, owing to ambiguity, attach- ing to certain terms emplo; history of the térms may be traced in other legislation in order to as-} certain the intention of the legis-; lature. (3) Words used in a statute should be construed, ordinarily, according to , the sense in which they. have been previously used in like’statutes. Appeal from the District Court of, Ward County, Hon. N. €. Love, Judge. i i Geo. Shafer,Attorney General, Bis-/ marck, N, D., H. E. Johnson, State’s' j Attorney, and.B. D, Dickinson, Asst. State’s Attorney. Minot, N. D., At-| | torneys for Appellants. H Murphy & Toner, Grand -Forks, N.: D,, Attorneys for ‘Respondent. H ! ' \FROM NELSON COUNTY [ W- A: Larson, Plaintiff and Appeliant,! Yves Paul Jacobson, Defendant and Re-} | spondent. i Syllabus: 1. Failure to give notice of intention to ‘foreclose real estate! mortgage as required by Chapter 66. S. L. 1921, does not constitute a legal) counterclaim or valid defense against the collection of the whole or any part! of the amount claimed to he due on| the mortgage sought to be foreclosed within the meaning of those terms as, ;Set out and contained in Section, 8074, C. | 2’an joining a foreclosure by advertise- ment pursuant to Section 8074, C. L. 1913, is addressed to the sound dis- cretion of the District Judge. When such an injunctional order has been granted the District Judge may there- ‘after, when it appears to him proper; to do so, modify or dissolve the same, ‘and his action in that respect will not be disturbed unjess it apeears that | in so doing thtre was an abuse of dis- | cretion. Aue Appeal from the District Court of, Nelson County, Hon. A. T. Cote, Judge.’ From an order dissolving an order enjoining the foreclosure of a real estate moi ge by advertise- ment the plaintiff appeals. - AFFIRMED. jon for an order en- Opinion dy Nuessle, J. E. é. Larson and Crum & Crum, of Bismarck, Attorneys for Plaintiff, and Appellant. } _E. C. Boostrom, of McVille, and Di- (bets Holt, Frame & Thorp, Fargo, Attorneys for Defendant and Respond-' ent. FORM BILLINGS COUNTY | State of North Dakota, Plaintiff and Respondent “v8. Frank Kessel, Defendant and Appel- lant. SYLLABUS: (1) In a prosecution for violation of the compulsory attendance law, where the complaint charged the de- fendant with failing to send children, to school in compliance with the pro- visions. of Section 1842 of the Com- iled Laws for 1913 and further al- \Noesd’ the. tacts poncitntine the, at |fense and charged the same to be contrary to the form of the statute! in such case made and pecntied, and against the peace and dignity of the! state of North Dakota, the complaint; sufficient even though the specific tute referred to in the forepart had been amended. (2) An all ition that the resi- T TODAY | —— ing eoniaeet the peat eit then sigh for “good old automobile days when men got exercise.” _ Theodore Roosevelt, son of the ori inal, shocks prohibitionists by sa ing: “It is necessary to check mur- der, corruption and other evils that follow in the train of prohibition.” He wants the Volstead act repeal- ed or modified, each state allowed to decide for itself what amount of alcohol is harmful. Mr. Roosevelt’s attitude is that of many very influen- tial Americans, including three car- dinals of the Catholic church. But there will probably be no im- portant change in the drinking law until after 1928. It may play a most important part’ in that campaign. Chauncey Depew, celebrating his 92nd birthday, says he hopes and ex- pects to live to 100. If he lives to 100, he will ask: for five years more. Cornaro wrote to the Cardinal, “I had to-live past 90 to realize that the | world is beautiful.” Nature was wise when she made the instinct of self-preservation | the strongest passion in primitive men. It makes us want to stay indefinite- iy on this imperfect earth, when there may be places 60 much better waiting for us. The Ixjsh are honest people, if they have the money they pay. When De Valera was in America selling “bonds of the Irish republic,” friends of Ireland ‘bought them with little idea that they would ever he paid. The * Irish free state, considering them a debt of honor of tho Irish paris, will begin paying them, in full, next April. * other A good . example to some countries, Mexican and Brazilian members of commission investigating 1916 mass- acre publish decision in Mexico City against United States, American mem- ber protests. Clark M. Perry, former Wisconsin rohibition director, is indicted at ilwaukee for conspiracy to violate dry laws, in $1,000,000 liquor robbery. A. A. U. annéunces investigation is? under way of Hoff’s expense ac. counts; Kansas and Drake officials defend him. One of three engines fails and air- plane Detroiter returns to Fairbanks, Alaska, after starting to Point Bar- row in search of Captain Wilkins, missing for 11 day: the pen: ar burg- Chicago. be we Naa 2 Vogel, New York, was sign- * Tuy Petrotle ‘at Fargo, X Sammy Ped to be: ‘May 7. * President Coolidge at Washington’ signed measure authorizing naval secretary to return to the state of North Dakota the silver service given to battleship North Dakota. Charges of embezzlement Roy W. Frazier, chairman of lican state central committee, dismissed at Crosby, N. D. Minnesota boxing commission lift- ed Oe ig ion against Jack Reddy, St. Paul promoter, James Archibald McCrae, sopho-.4 more at University of North Dakota, won the American chemical society college's $1,000 essay contest. ° | Temperatures and | Road Conditions | o——______1______ ainst ib: dren was within 2 1-4 miles of the; school will be construed to mean 2: |S, of the defendant and the chil- ‘the proof must show, under the 1-4 miles by the nearest route, where | statute, that the residence was within 2 1-4 miles of the school “by the’ 00d. Jia | nearest route.” | (3) The evidence is examined and! it is held sufficient to establish the! residence of the defendant to be with-! 21-4 mil f the, schoo) by the nearest route. = (4) It is not incumbent on the | state to negative, in the first instance,! excuses from the duty imposed by statute or to negative the existence of facts upon which sych excuses might be warranted, und of the act. alleged to have been viol ted, where the absence of such ex. cu or facts is not a part of the definition of the offense. Appest from the District Court of pine County; Hon. F, T. Lembke,; fy Opinion of the Court by Birdzell, J. Martha & Dickinson, B. Tees Ararae LZ ir Appellant. ‘Btate’s Attorney, Medora, 'N. Dak., and. Special -Prosecutar, W. C. Crewfoi hy N, Dak., Attorneys for’ Silay eg \ (Mercury readings at 7 a. m.) Bismarck—Clear, 33; roads good. Be tinca Chel, ‘i, ade Et be jour f ads ie + Hibbing-—Light tain, ‘34; “roads” roads good. Minot—Clear, . Jamestown—Clear, 37; roads good, Mandan—Clear, roads good. Grand Forks—Cloudy, strong winds, 34: roads 5 y, 40; roads good. lear, 45; roads fair, Rochester-—Partly. cloudy, 40; roads rough, Fargo—Cloudy, 34; roads good. tA THOUGHT f- ant it is fen gry Pa. 183:1. gether in w Men's heart t agai vs one gvothon base am : one * al inet ie evi thing ‘cslyeCarisien *” Seven ‘radio tablished ~ ow ° can oo ry |