The Bismarck Tribune Newspaper, July 17, 1926, Page 8

AN OPINION ON POLICY CLAUSE Boards of Arbitration Do Not Supersede Courts, Says Attorney General Boards of arbitration ap, adjust disput insurance compi the courts in ju made by such the parties to t loss only, accord the attorney gene missione Olsne to guide shim in c ding in his office and : question was often, it would b \ j i i office said: “With submit by a fo ny in this state ead Oa Ratnam att nna al ap ou call plowing pro iey with respect appra eg Pre rovision Questioned and this then by having been thus determined, the sum for which this company is liable pur ctory proof of the loss cived by this company in accordance with the terms of this policy. (Policy, lines 2, 3 and 4)’ “The policy further provides that: “In the event of disagreement as | to the amount of loss the same shall, | as above provided, be rtained by + two competent and dis: rested a Pp praisers, the insured and this com- Pany each selecting one, and the two wo chosen shall first select a petent and disinterested umpir appraisers together shall then mate and appraise the loss, stating separately sound value and damage and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such |) loss; the parties thereto shall pay the appraiser respectively selected by them and shall bear equally the ex penses of appraisal and umpire.’ Olsness’ Question “Your specific question is whether or not in view of the foregoing pro- visious a request for appraisal and the aporaisal are binding upon the parties as to the amount of the loss. lowing provision found in the policy | _ “No suit or action on this policy, | for the recovery of claim, shali | be sustainable in court of luw + or equity until after full compliance by the insured with all the foregoing | into the mer requirements. ownersh “The provisions of the policy with| fact that reterence to the appraisal and uward | s¢¥e must therefore be complied w a condition precedent to th tion of an action on the po! “The award imited in its effect h, us. stitu- to ‘the determination of the amount| the of the loss, but does not fix the liability of the comp: is binding on the parties when made in accordance with the agreement of submission. However, the award is open to attack by appropriate legal Proceedings upon the ground of fraud or misconduct of the appraisers, for the fact that an award has heen made | doves not oust the courts of thei | jurisdiction. Answering your spec i que ion, we would therefore say a the appraisal and award, if made in accordance with the provisions of 80 made in conformity with the pro- visions of the policy is a matter that the aggrieved party has a right to have adjudicated in the courts. To that extent the award made by the appraisers is not conclusive.” aD | Flashesof Life | oe New York.—Among the fight fans are Gloria Swanson, Gilda Gray, apeey joves and Mrs. James J. Wal er. They had $26 seats when hand- some Jack beat Pop ‘em Paul. Right them was Big Bill Edwards, who ne F Secupied $75 worth of ringside space for one thiyi that sum. New York.—Milly E. R. Straton, peter son of the Rev. Dr. John ch Straton, and Uldine Maybelle Utley, 14- -year-old bobbed hair evangelist, have joined forces. In a fent they are going to exhort New ‘orkers to foresake jazz and prize |» Philadeiphia—tt is libelous in the - city of brotherly love to sas ae im. It’s for steal, or squander or fail, ding on which expert transla. followed. Anyhow, a Polish fr, who used the verb in refer- Fing to Polish exhibits at the sesqui ition, had to apologize in court. prosecuted, York.—Mrs. Lydia G. Nelson Francisco thinks her prayers been apeatied by the modern of the radio. <2 Uitening in she heard « relay- from her brother ‘whom she seen for 26 years. Now she ‘the. way to South Africa to join pBometen, N. Y¥.—John D: @ convulsion (By George D. Mann) Here in section western rumbl ment M evistic or soviet t ¢ gentlemen with the ves and canes who strut marble lobby of the ight the intention of this a s or demerits of state, ownership a ct operation or indir In Banking Business Province of Ontario is also banking business of a much more competitive system than Nigh Dkboeas wiih iia Bank of North Dakota. fices. are conducted throughout the have been es- tablished in every center of impor- Interest is paid on the savings institutions perform many of the functions of a private bank. The experiment started four theipolicy, is binding upon the parties | £0 And the ultra conservative papers to the amount of the loss only.| 1.) e rather than view with alarm the op Whether or not the award has been| Crations of these state owned savings banks. Most sections of the United States The award} ang in the larger province. tance. and the Jcyce Hawley, who took « somewhat public bath that washed Earl Car- came here roll into criminal court in New York, sampled Chicago's courts, too, as 4, owing to n}soon as she got to that city. i i the company] past stop lights and talking rud She was arr “ica PROVINCE OF ONTARIO IS DABBLING SUCCESSFULLY IN ‘STATE SOCIALISM Hydro - Electric State Owned Enterprise, on Ledger— Province Also in Banking Business on Larger Scale |: than North Dakota Monopoly, for the want ‘he voters of this from the endencies; not side ing rio provincial govern- ith its operating has invested the tidy in its hydro-ele ly, with accumulated re “In considering this question we , Tevenue to the municipalities, partners wish to call attention to the fol-}in the public + 000,000, It is the story of a nterprise that happens to be on the It is not cle to enter §20,- owned tate Dominion orth Savings of- ;]abroad te what the show people calf this xpri ing.” Needs heath on the small fa ‘a result of Ohio, Mlinois, lowa and. Wie could only get the message of Dakota opportunities, whining of its polit! mill and elevator and the Bank of rather than | the. iuns using the State Rev. Ermel extends & most cordial | sions. ‘invitation to all German speaking - eitizens to visit the chapel ‘and at- i , td flow toward its borders.|/tend the services. His’ church and 'S BR’ By phere Bi its virgin acres will | top much of the country scen in @ —— trip from Bismarck to this section, There is no gap between the Canad- ian businessman and the farmer in the lower provinces, neither is there any appreciable gap between them in Wisconsin or Iilinois, It’s tl f team work that. sean easily be inaugurated in North’ | Dakota, but it is a field of endeavor in which the peanut politicians outside influence ‘cannot ‘sHine ff re< sults are to be secured. Chapel Ready For German Branch of the now chapel of the, Ger Tonnsily: opened ter the public. tp: ‘ow morning recently from Streeter to accept the local pastorate, will deliver the sermon. Services will :30 p.m. and here, ae all services for the sop n will be in the new cha far just been completed. schedule includes prayer meetin; ‘Thursday evenings at 8 o'clock. ings since the arrival of the pastor have been held in the court room of the county courthouse. The chapel is located at the corner of Thayer and Eleventh streets. Due to the rapidly increasing size of the Evangelic: the German element decided e: y to the cop who pinch picture shows her in police court, where she got a $50 fine. is Patrolman ‘Frank Williams, who arrested her. ialism in some form, or another and, unlike North Dako! “retrogression™ from strictly conservative standpoint. North Dakotan on his rambles realizes ely from remarks passed and in- ations dropped, that the pub been broadcast for th years has been most de- nd unwarranted. A concrete example happened. re- tt Battle Creek, Mich. where the great financial in answer to a ques- Dakota banks, drew a n our state, despite Empire State it- socialism than Many of the agencies ution are state owned in ently the state titution, to permit ‘ lieve housing con- ditions in industrial centers—a sort of ‘North Dakota fact that the self has more s North Dakota. Homebuilders af- It was a pet measure of Gov- , who has never been d of being a socialist. we, the decision is inevitable that other commonwealths far more with state ownership than North Dakota. Yiewed from the perspect jor benefits of North been dabbling state ownership, loom up. und more popular cen- kota with only has performed wonders. to blame for the unfavor- impression in certain sections Let us tell you why this Six out-pulls, out-runs and out- performs other cars of its size and weight Used Auto Parts of all makes and models— Call, Phone or Write years pride at Greatly Reduced Prices Exclusive Gum-dipping feature gives “MOST MILES PER DOLLAR” Bismarck Auto Parts TUDY the modern erend. New modern engineering is-rapidly making the Overland Six che fastest selling car of BISMARCK, N. D. Lower operating cost, perfect satisfaction and assured resale value are yours in this remarkable new-type car. The Overland Six is a modern car... d and buil Six. Se Constencted chassis. : pogo speed $5 miles poy wear andtear on the engine. : It‘has the most modern arene r~ tl “~ rngg - a ec safety ‘wai circulation . . . and scores one tures that Soe asacar ceeds ng to separate from the Eng- |home, builders’ assveiation, the state king con; tion and secure | mill and elevator ahd other state in- 4% own meetii 4 out pastor.) stitutions. came here liabilities sid do have fall charge. ot thie | are aee.nepvoe sin suiting ald branch of the church, as well as to serve as chapluin at the Evangelical | posits, mostly. by congregation will be in the future Teferred to as the German Evangelt- while the church on_ Seventh street, of which Rev. C. F. Strutz in pastor, will be known as the Evan- gelical church. te si yt ct the MAKES REPORT. eieIe ee AS OF JUNE 29 Assets and Liabilities, Bank of North Dakota, Each Marines Total $48,179,209.68 Mag Ewii Gus: Hebbe: Minnesota gol: kato. Negotiations fai Loi ied of the Whee Star Line flect the International nearly 100 pe: - and. seize’ $10,000 Assets and liabilities of the Bank] in 15 raid: of North Dakota cach total $48,- 179,209.68, the report on the condi- tion of the institution as of June 29] his automobile w: ows. A total of $11,361,726.91 in assets are in United States and state bonds. in » $7,514,513.90 is held in cash and bank: and trust companies and $22,059,999| han prisoner in her home in Minne- in real estate loans pledged with the state treasurer to cover outstanding real estate bonds. Bills eomapsiss: total $906,411. 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