The Bismarck Tribune Newspaper, July 12, 1926, Page 6

SPORTS OTHER TEAMS ‘CREEPING UP ON CINCINNATI Only 41, Games Now Separate Leaders and Giants, Who Are in 6th Place A-race which only a few appeared to be over~that in today hus re; Jays ago the ed Starting on a esigned to provi league champion, they four straight ests from the cir- und have brought ,, h of Pittsburgn well as St. klyn. “3 won now in second p Louis, Chi i Yeste Barn day for the men of granted only five hits and gave the Giants a 5 to 0 verdict Brooklyn, with Grimes on the mound, registered a 2 to 1 conquest of the Cubs. The Dodger moist ball artist allowed only four hits. Divide Double Bill The Braves and Cardinals divided, the Cardinals winning the first, 7 to 2, and the B the second, 19 to 5. That second the first Braves victory Hornsbys this season. The Braves collected 2: safeties in the contes! Miller Huggins gambic ers und the 2 Pete es, with piteh idle for the ve on the Ame: Emil Levsen len game, for Cleve- the youthful ed from the Myle: iM ighth. Yankee mound in the nators gave Walter Johnson ble hitting and the vetera the Browns, ‘8 to 3.. St. * Louis worked a triple steal in which Manager Sisicr scored, ALLSTARS WIN SUNDAY’S GAME FROM SANISH Battle Was Slugfest From)y Start to Finish, 31 Hits Being Registered The Penitentiary All Stars defeated Sanish yesterday in a game replete with he hitting on both sides. Gasink led the tack for the All Stars with a home run with two on es, a double and a single in fo times’ up. Jackson and Riley also tattened their averages and Snyder lifted one for a home run in the eighth, Drake was the hitting star) for Sanish. dackson at short for the Stars again played a fine game, cutting off a pair of hits and starting a snappy ble play. Jucxson to Peoples to Kelly ‘Bruhn in center field for Sanish cov. ered the entire field and redeemed his-one error by five putouts. H started a double play in the sixth. Peoples and Kelly pulled the old hid- den wail trick on ‘Lhompson, running for Cronin in the eighth. The score: All Stars ABRH Riley; 3 Peoples, ss. Gasink, Jackson Ban Longre, If. . Kelly, 1b. Snyder, c. Garver, cf. xStokke, p. Robinson, p. cf. Totals. Sleeper If. Thompson, rf. Bruhn, cf. ... Cronin,’ ps ss. Amsler, 1b. . Totals. xStokke All Stars . Sanish Two base hits: ink, Snyder. Miicy 2 Sackoon 2 ley 2, Jackson 2, Stemek out by Robinson 2, 2, by Cronin 4, by Rowe 3. Hits off Robinson 11 in 7 innings, off Stokke 4 in 2 inn. off cele & in oe ine Rowe 8 in 4 inn. Bases 0 tan off Cronin 1, off Rowe 2, re inson 2, hag Stokke 1. Hit 6; ball by Cronin, Garver; oy , Jackson, by Robinson, Rowe. 0000250 Kelly, Riley, Jack- . Stolen bases: Drake, Sleeper. by Stokke BEWHISKERED PLAYERS FROM BENTON HARBOR TAKE YESTERDAY'S GAME FROM BISMARCK NINE BY — TO TWOS i — Columbus arrived to the ment of screeching whistle bile si es of! ional Conquering Hero i polic ude moved with | hundred dds, to the and offi AN, a Gentleman ses@rted thet Bobb nted by his fairn ca is greater t golf Vitles Through it al. in his chair, When introduced by the ¢ the reception commil fumbled with a f balcony, and said: “It's wonderful to be home Then he bowed and Wins With Jones is now possessor of olf title in the world, Bobby, before mzntled on} ving won the national | open championship at Scioto club with eof 23. And he annexed hi » sturdy | 36 holes | vas for the fs swats only one strol t New York, who overc this score, J under par on the last’ n ing amidst a din of applau birdie four on the 480-yard hole. had topped Turnes: likely contenders were still a 1 the tourney resolved itself a thrillingicontast to determine whethe any one he: haul the man the title the other t sinee he light of golfdom muteu only PROFESSIONAL GRID CLUB TO HAVE 22 TEAMS 21 Cities to Be Represented This Year—Season Will Open September 19 Philadelphi Sitional Le PoaonBbe 21 been grantes ue which Angel 1} Brooklyn and Hartford are the ne comers. Cleveland, Minneapolis Britain, Conn. withdrew a Pa, and Racine wilt inelude Chick F y tincheomb, yformer Ohio § American stirs. nother all-American of ¢ al a arge of the Duluth President Jo: mah H. Carr’ si many former colle; signed by the their identity would not be revenled has two teams i ‘sand the in. Cook Ideal Fuel. home! with Gas. It’s the “Score Lead Early in the Game Proved Too Much For ; Local Men, to Overcome— Fast Game With Razelton} Promised For Next Sunday | It wasn't much, but it me dust when Love, squall, I to catch ning hat misfortun were quiet fo ed dow hed de mn | Faust inally mith Brothers nine vard retired to 0, | fa the the home el: ra wv: enough, d Mr. € ' yantorday bean in the hampered by a; whipped the Harrison who down from second. ison went home, ‘s never did quite ¢ Indian sign. resulting that, fi ball After me. m got t him gota h and the score stood last of the fifth, however, to sit up again, hild got on base son’ brought him home, Kludt The sixth was tional fielding on tars first two up of the w nocked them out his Kludt co [the seventh he spe nailing Kendall In the last of the Thorn’s clout brow local’s second In the ninth, Churchill went in as ch i | pinch hitter but to no a day of The fine sup ing pla ne Was rt given T ait. whick “has. Doc Love cited by his mishap made up for it by through the stoppin, has pl. game, A good game i when the local boy the local park. Il meet the comt burg. the box for esting for the local hits in that just as exci us yesterday ame. Fuller, 2b Tobin, 1b Sagehorn, N monson, ¢ Albertson, 3b. 3 Kludt, If * xChurchili Total .... 34 Faust, s3 ...:. 4 Harrison, 3b.. Heckman, ef.. 4 no doubt eighth, it in Tobin for the red himself with glory py nailing both of them for outs, Say we of Tt was Doi in fin rg “Casey's” featured by Love by thet ‘infield men, who were on their toes nd the work already was badly ex- he first, but je pitehi ith but Love completed the to nurse his cents was The becn ——a Champion, 2b. Tally, Tucker, 1 Sharrock, cf Kendall, ¢ ... Smith, p 1+ Total ! xBatted for Fairchild Score by innings: perros tt! retro Z| mmocce th. b 000 010 010 2 Davids . - 100 110 000 3 Summary: Two base hit, son; three base hit, Sagehorn; Bismarck ... 7 (Smith); struck out by on Umpires Roop Kemp. New York . Cincinnati Barnes and Florence; Hargrave, Wingo. q : 0 5 ' Brooklyn . Chicago . ‘ol-| Hartnett. First Game ist} Boston ... St. Louis . Hea and and Vick. to Taylor; Sccond Game Rg 19 6 Boston . St. Louis Goldsmi! ind Rhem, H. Bell, Rei rel, Warwick, ag on in.! Others not scheduled, AMERICAN SL Cleveland New York . Levsen and L, Sewell; Beall, McQuaid and Collins, xough, jj St. Louis Washington G Johnson and Ruel. Ir “+ Others not scheduled. wiser N ASSOCIATION First Game ‘i 7 Ww ay 8 + “Zumbro” and ge- Columbus Indianapoli: Biemiller, the ie ame ‘and if more wa: b; © Johnson It] and MeMenemy. Second St. Paul .. Milwaukee Schupp and: and MeMenemy. 508 7 Hoffman; in- grand stand but ns the House o: ad taken over the en- h a flat guarantee to] Kansas City . the local management wa do dnything ubout it, ac- cording to Manager Churehill, crowd of 1,500 people seemed s h the same, however. ies. Bismarek one error per nd the two ‘gfmes lost were| M by a‘single score margin, assured for Sunday nneapolis Second as Kansas City . inneapolis . Messenger and iShinault; and Gowdy. play Hazelton at bo: lust but one game this year, vith Linton, and he allowed but six Fans may expect ing a game next Sunday , Manager Churchill says, ‘The Box. Score Nestebtaya kar tore follows) al osceeononwom In bene game they talent Emmons county, including the best men of Linton and some from Addington, sensational pitetfér from the three I league, will be Hazelton. is work for Bismarck in the me with the MeCoy-Nolan he will make the game plent; Judging He tl Si] oon ° Te eos ers) inter has| Louisv First Game R ot) Toledo. trase| Louisville . Clarkson an kinson and Devormer. by HE **| Toledo Pfeffer Meyer. WESTERN LEAGUE Des Moines 1-2; St. Joseph 0-8. Oklahoma City 9-6; Omaha 4-5, Lincoln 4-' ichita 9-8. * Denver 11-7; Tulsa 7-6, , SATURDAY'S RESULTS AMERICAN ASSOCIATION Kansas City 10; Minneapolis St. Paul 3; Milwaukee 1. Coluahas a (octerga 6. ouisville ‘ol Toledo AMERICAN LEAGUE New York 4; Cleveland 3. ia 17; Chicago 14. Detroit i-4, St. Louis 4. hat ~locosconossom Brooklyn 4-1. Philacelphia 4. on cous Bt Louis 18; Burelars, Beware! This Girl Can Shoot H’ a Albert- left on baseg Bismarck 5, Davids 4; base on balls off Love 2; hit .by ee Smith 8; wild pitch Love; first "base rrors Bismarck 1; time of game re il Yesterday’s Games NATIONAL GURAGUE « Luque ‘and 4 Grimes and’ Hargyeaves; Blake an son, Z. Ta Hor; | money. hurt’ and O'Far-| champions! ‘Thomas, Ben- rd, Wingard and Dixon, Schang; Wisner, Thompson, Hill and Hatley. 4 Zinn and Snyder; Hubbell, Wilson “the and Byler, Gowdy. “Benton 3 and ‘IMONTANA MAN HIGH SCORER |e Possible 100—St. Paul Man Scores 93 The first day of the state trap shooting tournament, which opened here yesterday, was well attended and |\stitl Sther participants are arriving to take part in the meet. lcoxson, Great Falls, Mont., was an yesterday with a 96. James Guthrie of St. Paul took a 94. J. E. Diekey scored 91, H. C. Kinkel, 90, and R, R. Barber, 89. Ail are from Minneapolis. Wilcoxson and Guthrie were tied for high run with 41 straight targets iece, which was designed espe- ally ‘good shooting considering. the wind and other unfavorable conditions yesterday. W. Bartlett, Bis- marek, was shigh man for this city with an 89, and W. H. Vallancey of Mandan had a sim core. ‘Tom McCann, Bismarck, was the only North Dakota shooter who was 3 E 1 1 id 10 Alexander} successful in breaking an event of | ple, Fessenden, 25 targets straight ‘This afternéon the second day's ting was concluded, beginning four 25 target events and end- with the doubles. Both the singles 6! and the doubles today were for prize The first half of the state proper will be shot out tomorrow morning beginning at 9 m. There will be both singles an doubles :hooting. The state doubles championship will take up part of a In addition there will be a PRESIDENTS GROUP WINS GOLF MATCH Defeats Secretary’ ‘s Team, 15 to 10—28 Participants in Tournament d President H. P. Goddard's aggre- gation of golfers won the president- secretary team match at the Bismarck Country club yesterday, defeating the team representing Secretary E. A. Thorberg by five points. The Nassau -|scoring system was used, with th best ball counting on each hole. The could muster but 10 points all told. Twenty-eight golfers participated in the tournament and some good medal scores were made. The results of the team play were as follows, the first named in each 0|#roup representing | the president's Saunders} team and the last named the secre- tary’s team: Croonquist 0 vs. Sorlein 3. Leonard, 3, vs. Vesperman 0. Haines 2 vs. Hintgen 1. Goddard and Hedden 3 vs. Mundy 1,and_Heisin; Jones and Heupel 2. Slattery and John Fleek 2 vs. Burke and Irick 0. 5 E} Cave 3 vs. Wenzel 0. 1] | Hopton and K. Simons 0 vs. Olsness 1, and. Jos! Beker ma O'Hara 2 vs. Graham and LaFrance 1, PI E}18 holes gross score, with 40-38—78. Haines was winner for the best 9 holes gross score with 87. Cave won the best 8 holes net ore event, with 40- K winner for the best 9 Ejholes net e with 40, less handi- ojcap of 5, poo aans cient score 35. BERLENBACH AND DELANEY - READY FOR G0}: Both Men Said to Be in Fine| Condition For Thursday Night’s Match { ww York, July | 12,~-()—Paul Berlenbach, 1 challenger, plon, and his k De. yd Bridgeport, cone ae fer their “rul om. Brockiyn, this. ci ali In their previous mectings. there |& i béen “explanations,” Sat Peaedenst rious to "Ble mall eaications. there wil jing, to offer this time. The | ext Thursd: il na Nastcelan of the, divi- Fave Then eanie Berlenbach'n vie= tory over Delaney last winter. Ce A athe seems ‘that Pelaney bee. hg beige operation, That al: . tavoniie on his ~ YESTERDAY Wilcoxson thinetie 96 Out of 0. Jack Fleck and Graber 0 vs. Henry, of the employers peony the light heavyweight cham-|*°4 psd feos to ef phys ally fit and to tl ie weight. Folle tenes, asidé from. the iiss pun ney » altho Joceo, Who alsv | oceat a damaging Walley, ts ‘considered | hy t (SUPRENE COURT] FROM WELLS * nee The First National Bank of Fessenden, D, a ition, eerie .Plaintift and Appell Heni ry Wels and Gott- lied yy as_ Admin- istrator of the Estate of Jacob Weiss, deceased, Defendants and Respondents. yilabus: ‘A farm laborer’s lien, duly claimed and perfected as presc! by Sec- tions 6857-6859, C. L. 1913, hae ority over a chattel mortgage upon growing crops, or erops to be thereafter grown; and such li pe ptkg oe filine, attaches to grain whi been seized by chattel margenes in foreclosure proceedings and placed in storage elevators. From a Bo gare of the district court of County, Berry, J., plaintiff appe: AFFIRMED, Opinion of the Court by Christia son, Ch. J., John A. Layne, Feasen- den, N. D.. for aj gitar) B. F. Whip- D., for respondent. FROM WARD COUNTY M.N. Pederson, \Piaineite and Appellant, William O'Rourke, Defendant and Respondent. Syllabus: 4 1, The right of a city ordinance street. intersections tot from the right is not N. against those vehicles bpproae ine Trem vas left which, all having due regard to other rules of th road, will not first pass over tl intersection. 2. The driver of a vehicle ap- proaching a street intersection se ight to assume that others like- wise approaching the intersection will observe. the rules of the road and to act upon that assumption in pro- et across the intersection. Appeal from the district court of dese, unty, Hon. John C, Lowe, ju Action for damages for negligence. From an order for judgment for the defendant eS ae ee the verdict and from ent entered thereon, niaintife appeals. REVERSED, Opinion of the Court by Nuessle; J. McGee & Goss of Minot, Attorneys for Plaintiff and Bes sero L, J. Palda, J: Aaker, & C. E. Brace. all: of Minot, Attorneys for Defendant and Respondent. lalate and Respondent Minneay tis, "St. Paul and Sault Ste. Marie Rail- way Company, a corpor- ation, Defendant and Appellant. Syllabus: ° 1, An.employee in order to re- cover damages in an action against an emplaier for injuriés under the Federal. Employers’ Liability Act (U. oes Stats. < 7, ao must allege and. pi ) yon the part! em- ployee. (2) A failure to discharge that duty; and (3) jury proxi- mately resulting from such’ failure. 2. Whether any duty is raised on the part of an employer toward an employee deperds upon the ‘vircum- stances of each particular case, and gation in a pleading of nce of such a duty without a Statement of the taclg out of which it arose is a mere conclusion of law and is not admitted on demurrer. 3. Le sastpad sonecelly. and pees ‘imate for the 7» the: of law mn the facts are ee and reasonable men in the exercisi of reason but one inference 4. Proximate cause is that cause which, @ natural and continuous sequence, unbroken by any controll- ine intervenii injury, and wi existence of some -|not have curred. 5. Failure of a railroad compa: ac nr with elgg imy Safety Appliance Pacts re cine States. Sec. 8605, et seq.) with respect to cars used ‘by it, ip ie ooegare per ae 38 and it if such neg- ie jure ‘ae ere oe in, iJ he SOARS) Tiatlity therefor is jute. Held, for reasons stated in the pase from the district. court ake a Hon. John C. Lowe, Action for damages brought b; he pani Ghder the Federal’ Emp Act. a ee Stats. "fe. at, Has From: ‘| commizsion for the but more was said about it (CO than before. + is cg favor Ben toung) Sree Won ned Bia Weld ‘or’ the e ten the tran: oF he | Oliver E is not non-eoncurring Ans aaa aed ne man A by the ” plaintift to devolving ty oe} bot pont ‘the lant, and i di Meo bY that the interference ty “the plain- paw Pakage onl; be eee ele ficient ener net the duty ctjoined, citrse to goitabaren wil Lerma 1 from the County Court. of Cass County, Hon. Le’ Monsof, Judge. ones one Ah se Court by Bird Letell é& Cp oe N. | storney’ for Appel , Young & Ba: tor Respondent, ind: Adolph » "Atte and Respondent, | 27 The National Fire Insur- ance Company of Hart- ford, sta a foreign ration, hpige \ Defendant and en Adolph Lindseth, ws Plaintiee and Respondent, St. Paul Fire & Marine Defendant and Appellant. foreign corporation, Insurance Company, Syllabus: 1. The provisions in an insurance policy, “That the Insurance company in consideration of the warranties and the premium hereinafter men- tioned, does insure the assured” an then follow the representation oi the assured taken from ‘his applica- tion, and made a part of the policy and further st: “The representa- ray {tions made by assured are statements of faets known to and represented by the assured to be true and this policy is issued by the company relying upon the truth thereof,” shows a complete contract based upon the representations made by the aa- sured and the premium which he paid for the policy. 2. Where: a policy contains this, clause: “This policy is made and accepted subject to the provisions, is | exclusions, conditions and warranties set forth herein or endorsed hereon,” and there are blank spaces on the margin of the face of the policy reserved for endorsements, and there are no endorsements on the spaces so reserved, it is preseumed that there are none. 3. A fuilure of insured to disclose a fact with reference to which no questions are asked is no such a concealment as will avoid: a policy, and where the company asks no infor- mation in reference to any particular risk and insured ‘makes no repre- sentations, insured’ being asked noth- ing may presume that nothing as to such risk is desired from him. 4. Where there is no reference in 2 policy of insurance to ar endorse- ment on the back thereof ‘the endorsement is no part of the cdn- — and not binding on the insured. structed strictly against the insurer ant. eh in favor of assured. peal from an order of the dis- trlet Peeurt of Cass -County, Hon. re pee bed miele. Gpinten of the Court b; illiam Lemke, Fay kota, Attorney for Buree,J. » North Da- laintife. Lawrence, Murpky & Nilles, Fargo, | F' De- North Dakota, Attcrneya. for ant. < FROM RAMSEY COUNTY | Elizabeth Ann King, Plaintiff and Re- spondent, Grover Donglas Kin, Defendant and Appellant. : Syllabus: In an action for divorce, it is held) ‘that the complaint states a cause of action, Appeal from the District Court of —— county, Hon. W. J. Ki nee- Ww, Judge. AFFIRRED. inion of the Court b; Birdzel, nf Opi: w. 'M. Anderson, Devils Lake, Dak. pieraer ter for Fenny Cuthbert & Adai Devils Lake, N. Dak. ‘Attorneys fo for Respondent. FROM MCLEAN COUNTY Sarah M. Burch, Plaintiff and Re- spondent, Odell Nstondante and"Aypelant, oo ofen 0 be Mabus: ane ppetlan' Where the transferee of # note, face st ped | upon an employee, | 4 "ittorneys ro Contracts of insurance are con- | J ippetkine N. Dak., Respondent’ ina fe im fend tebub ion tion 7780, c L. 1918, Peesicl demptioner to produce to the of or person ey whom he se bee dian of an assignment to establish Pi clin, veri- tied na by the affidavit of him: if subscribing witness thereto, is for purpose of showing the officer or person from whom he seeks to redeem, thet he is in fact a re ba hive d igntitied to redeem and ‘the of the original assigments under which the a 8 ti ima the right to redeem is p,| sate, and copies Meed tot be prod: and copies not be ueed and filed with the sheriff, the sheriff accets ‘ origin: en! Poa issued a certificate: of tte te ¢ purpose of filing the redemp- pers. provided for in section is to inform other lien creditors mount they will have to pay choose to redeem, (and to protect the certificate of sale holder elec) persons not entitled to : plaintitt is not a redemp- tiene, his rights are Freee under T7154 L. 1913, which~prov- ides, “the judgment debtor or redemp- oo may redeem the property from purchaser within one year after the fale, on paying the purehaser the amountvof his purchase with interest, ‘and section 7750 C. L. 1913 which provides;that the payment mav be le to the purchaser or for him to the officer who made the sale, and the full amount of plaintiff's claim including interest was in the case at bar paid to the officer who made the and who holds the same for the jaintiff. This is all he is entitled 1 from the District Court of Williams county, John C. Lowe, Jud, REVERSED and . application writ of mandamus denied. Spinies of ve Court by Burke, J. k, Craven & Taylor, Williston, North Dakota, Attorneys’ for Appel- lants. we B. Goss, Minot, North Dakota, and Wm. Owens, Williston, North Da- kota, Attorneys for Petitioner, Re- spondent. tan The First National Bank of Williston, a corporation, Plaintiff and Appel- tant, * v8.< Emma C. Burdick, Defendant and Re- spondent. Syllabus: (1). In an action upon a Promissor~ note given for the ac- commodation of a third party, the defense was that such third party had given to the payee collateral notes which were accepted bythe payee in atisfaction of the liability of the ecommodation maker. The evidence is examined and held sufficient to support the verdict in favor of the defendant. (2). Where specific admissions are excluded, but where it appears that the facts admitted are other- ise in substance before the jury, the ekelusion of the specific admissions held not to be prejudicial. Appeal from the District Court of Williams county, Hon. Jno. C. Lowe, ‘AFFIRMED. Opinion of the Court at Birdzell, J. Burke, J., disqualified, id not participate, Hon. Fred Jans- onius, Judge of the Fourth Judicial District, sitting in his ‘stead. Fisk, Craven & Taylor, Williston, N._D., Attorneys for Appellant. E. R. Sis r and O. O. Brekke, minot, N. Dak. and U. L. Burdick, ‘argo, Attorneys for Respond- ent. ee FIRST INDEPENDENT SENATOR LECTED Linton—For the first time sinee - the organization of the Nonpartisan league in 1916 an Independent sen- ator has been nominated in the Em- mons-Kidder legislative district and the house delegation has been broken into. John Adams, Independent, de- feated C. A. Ward, Nonparti: by a bare majority of two votes, carry- ing Emmons county by 29 v. and losing Kidder county by 27 votes, PIONEER DIES Elgin.--Mrs. Thomas McGinnis, n resident of Raleigh, near here, since 1904, died Thursday at her home aft- er a several weeks’ illness with in- flvenza. She was well known throughout the community. The Occident Elevator Co. We are not receiving grain from now to the 26th of July. Will cash storage tickets the same as ever. Use Gas, the scientific fuel. older ot Hon. pick Cle, | es irae san ne ‘basen iamarek, N. D., At- sin ¢ and Respondent. 3. C. O; Bretke; rneys for Defendants ‘Minot, and D., a cor- " Plaincice, and eased col Ayliahes Defendant and Appellant, “Tn an action to agent's estate it is held, f tated in thetedeicn’ thst tua ie cubstan fina from which the jury m' re was a contract be- in the tiff and defendant def mab the it fivevet noel Coventree dnvolved in this » from: ‘the district court of. action, N hago a