The Bismarck Tribune Newspaper, May 7, 1926, Page 9

, FRIDAY: MAY 7, 1926 / CONTRACTS LET FOR WORK |. ONRED TRAIL Three Sections of Highway No. 3 Through the Bad, | Lands to Be Improved Contracts for the construction ot| three sections of State Route No. 3} through the Bad Lands have been let, } according to word received at tne state highway departm The work will be started this summer and should be completed by fall, | With the completion of the work | Now under contract or for which bids have been asked the Red Trail will! be improved from Dickinson to the Montana line with the exception of about 12 miles, The projects for earthwork provement in Stark county from telope to Hebron and from Dicki son four miles east have been let to| f BP. E. Zimmerman of Dickinson for! &Y $18,708.36 and to Stevens Brothers, St. Paul, for $55,753.59. Joe Simons, Mandan, was awarded concrete bridge | and culvert work on two projects ut a cost of $27,207.04 and C. V. An- derson got the contract on the third Job for $4,850.16. In Billings county two projects ex- tending 16 miles east of Medora were let to J. W. Hersberger of Harding, Mont., on his bid of $82,077.62. Her: berger also got the contract for build- ing the road west from Medora four miles for $23,986.72. F. H. Rasmus-| sen, La Moure, was given the con- ) crete work on his bid of $19,202 Bids on 12 1-3 miles of earthwork | in Golden Valley county were reject- ed, only two bidders submitting ofy fers. Concrete work on the project was awarded to C. V. Anderson on | his bid of $15,599.96. Thia project will extend from Sentinel Butte west to the county line. ' In addition to these projects the ; state will bear part of the cost of 10 blocks of paving to be laid in Dickin- son this year. Dickinson's total pav- ing program contemplates 48 blocks of hard surfacing. } APPRECIATION | | TO EMPHASIZE ffendant and Appellant. OF THE SLOPE’ \ ‘Meeting of 7th District Wom-! { wes the cata! 1 || \ .estinal tract end en’s Clubs to Be Held at Beach May 12-14 New England, N. D., May 7.—Slope Appreciation will be stressed at the meeting of the Seventh District, North Dakota Federation of Women’s Clubs, on Wednesday, Thursday, and Friday, May 12-13-14. It is hoped to instill .in the women of the Missouri Slope’ fa greater appreciation of the scenic beauty, the curious natural phenom- vena, the vast undeveloped resources, and the interesting and romantic his { tory of the southwestern, portion of North Dakota. i President John Lee Coulter of the / N. D. A. C., Lewis F. Crawford of the North Dakota Historical Society, Dr. Maysil Williams, of the State Health department, and other well. known’ speakers will address the sixteenth annual convention of the seventh dis- | trict. i H Opens With’ Banquet The convention will open with a banquet served to the visiting dele-' fates bv the hostess organization, the Beach Woman’s Club, on Wednesday evening. The president*of the Beach Mis. J.C. Russell, will give the f welcome, to which Mrs. F. L. Simmons of New England, pre: dent of the seventh district, will re- spond. All the meetings will be held in the spacious Masonic Temple. The main address Thursday morning will » .be delivered by Dr. John Lee Coulter. in his subject, “North Dakota—the Center of a Great Continent,”. he will rive special attention to. the Missouri Slope and the marvelous possibilities for development, in this region. Thursday afternoon, Mrs. M. J. Con- nolly of New England will tell of the proposed Roosevelt National Park,' present accomplishments and future s of a national playground n the Bad Lands. Miss Frances Potts of the Dickinson Normal will, address the convention “Our ,s3chool, One of the Greatest Assets of she Slope.” A round table on Better Homes will be conducted by Mrs. J. 5. Russell of Beach. To Elect Officers At this convention an election will re held of district president, secre. ‘ary-treasurer, and a member of the: rominating committee, the latter to serve at the state meeting N. D. F. W. 3. to be held at Wahpeton next fall. The election of a secretary-treasurer it this meeting was made necessary * ‘y resignation of M: 5 t Ks Dickinson, which has regretfully veen accepted. Thursday evening the Beach ladies vill present their successful play. “A family Affair,” for the benefit of the strict endowment fund. be Friday will be a day of exceptional nterest. Mrs. John Emerson Feath- ) .rstone, president of the North Da- ota Federation, will be present to eliver her me: Lewis F. Craw. ord, curator of the State Historical “ciety, will tell something af the} omantic story of the settling of the fissouri Slope. “The Beach Woman's Club was hos- ss to the Seventh District in May, 918, at one of the most inspirational teetings over enjoled by the dis- -tiet,” Mrs, M. J. Connolly, publicity hairman for the Seventh District, aid today, adding, “It. is felt that the 926 meeting will be equally interest- 1g and profitable and every club in we district is urged to send their full uote 8.” pil a a SM >» y Pork is the chief meat eaten by the binese. oS Wealthy Widow Would Wed Again *+ “Now that my stomach trouble hs oh red since taking a course * Mayr’s I ‘would even censider get- in, _L cannot tell you be: tak- ‘ ‘luge tae causes practically all ‘| ition. mach. liver and i" Mel pry i tel | She Simply Won’t Wear ‘Em ay | Wy A) 4 Dorothy Carrington, former University of Mi: wear women’s clothes. Arrested in St. Lou embezzlement charge in Detroit she police that as soon as she gets out she ing the dress they’re making her wear now. appeared at the time of her Photo shows her idan County J. J. Breher, From Grand Forks County lays that may be made from current Plaintiff and Appellant. ‘ Ne Plainti annual revenues, anew meaning] vs. peseecoe ch tantard: slaeen a cannot be — engrafted on —_ the | Philip Hase, expression “extraordinary outlays” reason of changing conditions. wi is Syllabus The provisions of Sect the Compiled Laws, 1913, are exclus- ive in their nature, and the loss of the stenographic notes of the testi mony taken at the trial of the case n being specified as a ground for a new! trial, a new trial can not be granted! ensuing year and because of such loss. : \for ordinary county revenue to. no! The district court has not power to! more than eight mills on the doll n to917 of |Eteatly increase the current annual 1913, ount cdmmis. dl state. s for the limiting the levy t ment of the county expens (1) In construing — statutes, the} Fargo, N. courts must take judicial notice of} spondents. ‘the history of the terms employed, and, where the statutes have been in} existence for a long period of time, it must be presumed that the legislature has at all times been aware of the meaning originally attaching to those Dak. Attorneys for Re From Burleigh County The Washburn Lignite Coal Company, # corporation, et al, ! © ati mprising of the Murphy, i, Board of Adminis State of ) rms. | (2) Where’ for a long period of years legislation has existed prohibit- ing county commissioners from mak- ponden| ing “extraordinary outlays” without a vote of the people, and where such relative expression has been used in a statute in contradistinction to out~ Coming to Bismarce' r institution: Fooshee, in one of the livel from “No, No, samp y J city auditorium here big musi¢al comedy coming to | ouri co-ed, simply won’t in connection with an s garbed as a man—and she told Il dress as a man again, diseard- s she by ntiff and Appellant. THE BISMARCK TRIBUNE shall use native poe ¢oal or lig- nite coal products for fuel and that purchases thereof shall be made up- on advertised proposals for bids from the lowest respénsible bidders based on the standard contract grade o ed by the statute. The plain- a corporation engaged in the ‘business of. mining and selling lig- nite coal in the state of North Dakota. ; It, with the named corporate defend- ants, was a bidder in response to pro- posuls for bids published pursuant to! Section 1828 by the defendant, Board ‘of Administration, a ‘state board! charged with the purchase of fuel for | state institutions. Certain of the plaintiff's bids were accepted and| contracts awarded to it, and certain of the defendar’ corporation's ids were accepted and contracts awarded | to them. Plaintiff brings this action | us a bidder, and as a taxpayer for! itself and all other taxpayers, to re- strain the execution and carrying out! i of the contracts wiik and by the de-| fendant corporations on the ‘ground that they were not the lowest re-j sponsible bidders. Held: | |,.1. That it was the duty of the ge- i fendant Board of Administration un- der the statute to determine the low- | est responsible bidders and to let! | the contracts to none but those whose bids were found to be lowest, 2, That as a bidder who purticipat- d and made no objection until’ p 's bid was accepted, plain-| iff is not entitled to any’ relief y because of the method of de-| | termining the lowest bidders’ and of Netting the contracts, even though| the method prescribed by the statute was not followed. That so far as appears the Roard exercised its honest judgment and accepted the bide of and enter- ¢d into contracts with the lowest bidders, and as a taxpayer the pluin- no damage f pend- {ente lite, even thoueh the method fol- lowed by the Board in determining the lowest bidder and letting the con- | tracts was not that contemplated hy the statute. Appeal from the District Court of! Burleigh County, Ron, Fred Janson- ius, Judge. From an order of the dis- trict court vacating a temporary re- straining order and denying @ tem-| porary injunction, plaintiff appeals. AFFIRMED. e on Opinion of the court by Nuessle, J. Shure and Murphy, of Fargo, Attor- neys for Plaintiff und Appellant. Geo. F. Shafer, Attorney General, nd John Thorpe, Assistant Attorney | General, of Bismarck, Attorneys for | Defendant and Respondent. From She Defendant and Respondent. | SYLLABUS: 1. A contract between a vendor and a purchaser of land to be paid for on the crop payment plan, which | \contained a stipulation subjecting | the annual crops to a lien for the price and further stipulations matur- ing the balance of the purchase price and providing that the should terminate on a definite date, is construed and it is held that the From Burke County. Burke County, North Dakota, 4 municipal corporation, Plaintiff and Respordent. va. Iver Engst and the State Bond- ing Fund of the State of North Dakota, Defendants. the te Bonding Fund ‘of ‘tate of ‘North Dakota, Defendants and Appellant. SYLLABUS. Complaint examined and, for reasons stated in the opinion, held to state a cause of action, Appeal from the district court of Burke County, Hon. John ©. Lowe, 8 1 Above is the machine gun riddled auto in which William MeSwiggin (inset), Chicago pro default judgment. und CooL. 1s be ju relieve a party from der, or other proceedi him through his e surprise, or © Iressed to the xo: on of the court, ruling in that regard turbed on appeal un dhat in makin; est abuse of dis The creti providing may, in its discretion, and upon such Yerms as may within one year after ™ jt there was a mani ‘ord examined, and held that Slain Prosecutor and Riddled Machine | i | K. fo tr It cutor, to death by Chicago gangsters. Note the bullet holes in the machine, INCOME TAX LAW SHOULD PROVIDE FOR | der Section en mart that the | general get a page for $75 eae! a Vtriet ju vdid y $50 0 st, Lime page and tes for railroud com- old DEPRECIATION OF HUMAN BRAIN AND missioner and lieutenant governor a judgment, ch. Candidates for se ng taken against snator or representative in the gen- hie neglect, candids : ) e pay $25, Rae aateiet ’ | Although the first Jasues’ of the and the court's z a - ieee compa’ ely large will not be dis th ; contained on- | | t ly mess it appears tment will scoff at the id fessional man should charge de on, ion on his mental facul ‘PUBLICITY Candidates Must Have Mate- let in his hands by May 11 has been issued by Seere ed initiated measure for a two-cent gasol do such advertising as the va mandi lature amende that it need inst his income, he knows because he ‘has et at length wit in the instant ease it does not appear that there was an abuse of discretion in vacating the judgment. Appeal from the District Court of Divide county, Hon. Geo, H. Moellring, Judge. From’an order vacating a de fault judgment and granting leave to the defendant to answer over, plain surgeon and sche ne demanded, does the govern en who invest their capi tal in tangible things, such as build ne the r of a advancing insist. that such earning power ought, on the contrary, to be- ns for depree 'Stenographers “and tiff appeals. ir income taxes when he said. aie firm me privilege to men whose capi ’ wrong. A man of 60 is sik cae ee Opinion of the court by Nuessle s invested inp paul travin ble to-do the same work he could | .qymanas Nel eth frr tbe ths 1 T. S. Stuart, of Crosby, Attorney for [a of G0 ls not kalg gy eco Ae. & s subscribed shy. 1 hed dbee ty If of the total of Appellant. Gustav A. Lake, of contention that | and Grenora, Attor- other pro contract | / +1925 Wheat Crop Op Judge. Crum & Crum, Bismarck, North Da- | kotota Attorneys for Appellant. B. L. Wilson, Bowbells, North Da- kota, Attorney for Respondent. FROM RAMSEY COUNTY The Ramsey County National Bank lof Devils Lake, North Dakota, a cor- poration, Plaintiff and Respondent, vs. C. J. Kelly and H. J. Kelly, Defend- ents and Appellants. Syllabus: 1, Where an insolvent bank, which is about to close its doors on account 1of such insolvency, accepts from a jeustomer certain checks for collec- jtion. or for collection and deposit, it commits a fraud upon such customer and the latter may rescind the trans- action and reclaim the checks from ‘the ‘bank. ’ 2. And where such insolvent bank negotiates the check so received to a | Berson who hes actual knowledge of j the circumstances under which it was delivered to, and received by, the in- | solvent bank, such person receives no i better title to the check than the in- solvent bank ‘had, and the check is | subject to the sume defenses in a suit rou ereon ‘by - such person as | brought th by ich would bave teen available in an ac- | ues brouget thereon by the insolvent ni From s judgment of the District jCourt of Ramyy County, Buttz, J,, the jacenianth, C.d, Kelly and H. J. Kelly, | everaed. | Opinion of the court by Christian- | son, Ch. J. 1 W. M. Anderson, Devils Lake, N. D., for appellents.. Sinnes’ Duffy. & Wheeler, ‘Devils Lake N. D., for respondent. ney for Respondent. ble to think as el A, H revenue knowledge and skill the ed through a life-time o! uous endeavor, ought to be e st_as he did once.” ! fe Wilkins, collector of internal {© here, "declared that D, titled entertain’ a motion for a new toll construed in ‘connection with Sec., contract does not provide for a lien’ in the eyes of the law to ‘the same] daaae gerd felt Aa a made after the time for appeal has | tio, 4 of the Compiled Laws. for, UPON a crop raised subsequent to the! A consideration, when they began to/ meritorious, but that unfortunately | gi vteon thous i i elapsed: An appeal from: the judg-| yi} and are held to authorize the| date of termination as fixed, Shows Increase in wear out, as the covernment aceords| No provision ix made in the law for! avec at $lOu nee shave etre ett ment and a motion for anew trial are) jnelusion within the levy of amounts. 2, The evidence is examined and! . jinanimate unit for the production of depreciation of the human brain or criieg for by #454 housewives; 5,562 independent remedies, and the taking | that may she deemed necessary. “for Red insufficient to show a separate Protein Content income. | body sieee ' ne LLANE which will be held at Beach of.8n appeal does not extend the time | the erection and repairing of ‘court| contract for a lien upon a crop rais- ' ~j raphers ares. by 1,56 eeday, T a jay, Within which the motion for the neW| hquses, jails and. other, necessary | &d after the termination of the agree-| Grand. Forks, N. D. May 7—The} well as a I: ventage of coarse} Work are opened up to girls, They clerks, of these» three trjah moust-be made 4 courts tuildings” where the expenditure for Ment according to its terms. | Aly n content of the 1925 wheat crop | #rains. j are advised as to preparatory wotk, groups and of telephone employees From an order of the District Court!the purpose: is not greater than can | o)/ Lene ipahs “ee” ered ped of in North Dakota which is still coming} During the past week there were | and aie en uraged to the highest themselves, the largest number 6f of Grand Forks County, Hon. W. J. lhe paid out of the revenue for the; Sheridan County, Hon. Fred Janson- into the sfute terminal, hax been run- | local sho principally in the! scholarship efforts. i subscriptions by a-total of 20,096 per- Kneeshaw, Judge, denying motion for! eyrrent year. [YAPFIRMED. ning from one to three per cent) southern of South Dakota nee ae ee mr, {fens in the v's territory of a new trial, defendant appeals. | (A), Sections 3280 and 3294 pf thet GEEARMED. Nr higher than’ the 1925 crap, according | Minnesota. were of benefit,, | Winfield Scott Hall, of Berwyn, IL,’ lowa, Nebrask: 1, North and Affirmed. Compiled Laws for 1913 are con-| Qpinion of the Court by Birdzell, J.1to figures from the stute mill but it ism y to have general delivered his addyess entitled.,"Man's South Dakota, were from salesmen, Opinion of the court by Burr, Dis- in ‘tho light’ of their history! Oys ner, Harvey, } Tests taken on cars rains through the States of Min-| Upward Struggle,” at the weekly con- of building trades, merch- trict J. 27 he Attorney for Appellant. Buford were as ‘high as 16.30] nesota, North Dakota, South Dakota! Vocation exercis: t the e Uni- i e and riet J. 18 and 27 of Chapt Teter A. Winter, MeClugky, N. Da uford were as high a + da ; rt | i Deiat Wa s, insurance and Johnson and Barke, JJ., being dis-| Davdta Seeeeee eter A. Winter, MeClumky, N, Du cent, the highest proten in con-| and. Montana. There are lange dis. | vers! r Robertson, of Wes-!y ind railroad em- qualified, -did not participate; i dake Seotie Attorney for Respondent. of any North Dakota wheat triets, especially in North Dakot ley € Be herocdl) res hae r named. and Pugh, District Judges, sitting in] Chapter 21 of the R oe Gatuay at’ the terminal. Willi Nerthern Minnesota’ and Montana cide yer s ; ire of the company, thiélicathod: br fee x i man County also showed the greate where the grain has not suffered up) sang. — according to President Belt, that the 1877), and it is held th y author- | rut, ' : é i Hon. Qe Shafer, Attorney Gen-| ize the-making of certain. public im. | LU# G. Bennett, | ¢ r last year’s tests of to this time Winfield Scott Hall is a prominent \issue of stock be sold in such a way exal, Rikmarck, end MitGeo. A. Rangs;|veryouents Ge the boakd okt bounty Plaintiff and Respondent.! county from which wheat, was 1 In a number of places, especially | physici uthor, and lecturer. He ‘as to afford as many persons as possi- of Grand Fork tA ALLO ee ee ee eat Cee oer o bat vs. leeived, the average for 1924 being Dakota, it is so dry that) Was formerly professor of biology ble the opportunity of acquiring a General, attorne » Stat sy laeeehe we. wherd the :2eram A. Bennett, 10.60 and for 1925, 14.10. is not germinating. Inj at Haverford College and at present] financial interest in the telephone Mr. Usher L. Burdick, Fargo, N. D-.| contemplated expenditure. cis not! SyLLABtg ee maant and Appellant.| The majority of ‘the counties from above round, but] is professor of Physiology at Nurth-| business, especially the person of y for def 1 appe tl eciemhor tn cain an cand Sis bigd < which prote is very uneven and of thin western niversity and as been small means. athorsiey) Tor dere nua ine ih enpel ial | erester.15 amount flee can be pro-) *An order of the district court over-|iged about 11 pe Where seed was drilled in, the fie awarded the distinction of professor) The entire issue offered and From Stutsman Count; [wided tor thy: the annual tees ruling an objection to the jurisdic-|containing 11 per ¢ best, demonstrating the advant emeritus at, that institution. |sold_ exclus zh * telephone ac uuinee Fetes | . Appeal from the District Court of} tion of the court and setting aside a) bought at the Not good farming. Heavy wind st ~ [employees versubscribed 60 Pe ht Pilliam Farley. Lewit| Stutsman County, Hon. J. A. Coffey.) special appearance ix not appealable.| tu premium of six cents per bushel © continued during the past w A. J. Sayre, who with her hus-! contin two days. There were R neesan rata alge Bey of) ae: Appeal from the district ¢ourt of|over the. option price in March, and] and in many places, the seed been 1 donot of Harold Sayre applications for one share of - ome anee nd alt other pereane and| Affirmed. saw Rirdsett, 5,| Bowman County, Hon. F.T. Lembke,/a premium of 20 cents. was: paid on|uncovered-and blown from the ground,| Hall, men’s dormitory at Wesley Col-| for any other number, MHI lbaatede AIEEE ee ota’ Court Sy Sie | seen wheat testiyg 15 per cent protein causing damage and necessitating | lege, died at her home in Hollywood, This number, together prey eae pais ated lk cea ay Je eye RE erks,|" APPEAL DISMISSED. The milling quality of North Dukota| some reseeding. | California, last Tuesday, according to | 1 persons who applied and Appellants. vs. William Krekow, | Jamestown, N. Dak., Attorneys for Ap-| Per Curiam Opinion. wheat is due to its high protein con-| Our repo. ‘ate that farmers| word received here by Dr. E. P.' fur two shares represent more than etal, as the Roard of County Com: | yellants, ey F. M. Jackson, of Hettinger, Attor-jtent und the demand among millers | have prob Jed more wheat! Robertson, president éf W If of the total number of the new missioners in and for i pont me R. PD. Chase, State's Attorne: ney for Defendant and Appellant. for this wheat hus resulted in very|than at first contemplated, making | exe. Mrs, Sayre was oved 60° years | stockholders. Stutsman, et al, Deefndants and Re- Rittgers, Assistant State’s Al Mark H. Amundson, of Bowman, At-|recent years in the farmer's receiv-|the acreage about the same as last of age at the time of her death. ee eae spondents Jamestown, N. Dak., and Divet,|torney for Plaintiff and Respondent./ ing u premium for his better quality n. Sayre Hall was given by Mr. Shooting stars are really meteors, Syllabus: Frame & Thorp, of Counsel, of wheat, Reports on the rye crop indicate a] M in honor of their ,or small bits of stars. A-protein test determines the gluten} very poor conditio! Most fields are} Harold, who was killed in France content of thy wheat and from it the| spotted and uneven and it is certain] tember 14, 1918, while ser miller judged how to mix his wheat] that the crop suffered severe damage | the A. EB. P. so that his flour will be of a desired! during the winter. strength. It is the gluten in flour that gives strength and el: icity to the bread dough, caus to rise, A weak flour made wheat with a low protein test not produce the large light loaves. | The state n make, baking test the] Except at a few places, farm -tnot breaking for flax, becaus i f the ground. nd unless there short tim show a heavy on will the Hse ii We every hour to determine -the gluten believe that) with sufficient strength of the wh < that is] moisture within a short time, the R ; being ground into flour, insuring a] fous. northwestern states could’ pro ment is rmly high strength and good! duce good If the dry weather A recent i continue! will undoubtedly ntaining specifications for ————_ ‘a heavy reduction. done for the governn Di igs i PCR e ane * e scribes 37 ical stitches, some of CROP REPOR’ 1 © ———___— ——_-__@] them employing as) many as nine it _4¢:| News From the — ||threws \ A knife with 75 blades has been State University | About 175 sophomore girls at the Slate Univer: nterviewed during the pu garding the choosing of a profession, according | to a statement from the office of Miss Heatrice Olson, dean of women at the University. Dean Olson does not act in the capacity of a professional vo- cational guide, but merely as an aid to férls in selecting their life work In these interviews new fields of The most disturbing factor of the Northwestern crop situation, at the present time, is the lack of says the weekly crop re the Van Dusen Harrington «: of Minneapolis, Last week w ported that the ground and the amount of sub-s was considerably below normal. The dry weather, however, hi; lowed seeding to continue wi! terruption. Practically all, wheat, was seeded by the:first of “May, us a - GREATER sTaencre Calumet furnishes all the leaven- i orce needed to raise any b properly. Use half the amount usually required. y.. made by an English cutler. EURALGIA orheadache—rub the forehead —melt and inhale the vapors 82 Jare Over 1: { ferred stoc ’ PAGE NIN PAMPHLET IS TO BE ISSUED rial in Secretary of State’s Hands By May 11 Notice to candidates for state of that they must have their m al for the'state publicity pamph- re, The publicity pamphlet is profi or by the constitution and is di ibuted to every voter in the state. will contain a copy of the propos- » inse: striet pamphlet + issued for ‘The adve state of, nidid MW distr © indie ines the 4 will po to wndidat vary with rrson is a ean s for United entatives in Ireasurer, secre ry of state and state auditor the * court, com superintend- and attorney nt of public instruc y a few nd in 1923 the legi: the law to prov t be printed unless an iated sure, a referendum or stitutional amendment was to on the ballot. Housewives Get Half of New Stock Issue more than h s res of the recent $5,000,000 per cent cumulative pre- issued by the Northwes- Telephone company, aecord- yures just compiled and re- rn Bell iz to by President.W. B. T. Belt.of Ly ewewwuuat