The Bismarck Tribune Newspaper, August 11, 1926, Page 2

ae PAGRANTRY 10 BE DISPLAYED Beautiful Floats Will Feature Street Parade of 101 Raneh Circus Cossacks, und vaqueros, — their : American namesakes the cowloys, and‘numberless floats of beauty and pageantry will be mingled in the gigantic street parade, which will voos Untough tne streets of Bis- to opheut noon cn Saturday. There will be some of the long, * horns, cattle famed in nearly every) old. saga of the plains, and elephants, | “tnt the other features of a well) equipped menagerie Sey are Tndiung as well in the neh cifeus, which plays after- roon and evening performances here day, East and West will in the gorgeous panorama of » circus Jot and the no less gor-| the morning will arrive early in the and will leave for Billings, the evening performance. | =Coolidge Uses Ax = _on Estimated Costs a as cut from| tes of govern b ~ Paul Smith's SA total of $8 the prelim a men BS ihe Coolidge — ta enera| would make thé t auiens fev nevt vear $ vr about $51,000,000 in exe: Tose tor tne present year, the in-| fe ‘being due to fixed charge pided by. pension and other legisla- | on in the closing weeks of the re-! ent session of congress. It would] mean, General Lord said, tt stimated surplus for 1 = gligibl The allocation will be returned to partnients for adjustment to the totals permitted them, i ‘A. photoplay th of thre ing chamge for picture-go- ne Griffith's latest 7 r Kingdom,” at the Bitinge —— F id ‘Thursday, justly belongs | ; that ‘eategory, j; i| SUPREME COURT | Laid in ugsia during the last > From Burleigh County | stod in s..of the rule of the Romanoffs, into. Her Kingdom” brings home tous some of the thrilling high Slights of Russia’s darkest hour and lifts ite aracters from an obliv- sionof misunderstanding. ='"'Miss Griffith ‘has never ‘had a etter screen characterization than = tof che Grand Duchess Tatiana, “and sh: is more beautiful and ng than ever in this difficult # corporation, plaintiff and appel-, Jant, ' vs. Bailey and R. W. Sether, de- nts and respondents. Syllabu: 1, When the holder of a negotiable instrument has shown that the in ie. 2 | stuument was purchased before ma- Hindr Hanson, the Swedish actor,' turity, and for a valuable considera-! proves himself an exceptional artist tion, it is presumed that he is the! Ein dhe role of the Bolshevik boy who holder in due cour: Leagthes the Grand Duchess’ hushand| When the president and activ in latter episodes of the picture.|! manager of a brokerage corporation, Fito ts a most pleasing personality’ acting for said _ corporation, nd demonstrates that all foreign ac-| sells a negotiable note to a bank of! iors are not stiff and overly dra-| which he is also president, the cach-| ti adiale «_, sJier of said bank acting for the bank} Claude Gillingwater, Charles Crock-' in ‘the purchase of the note; knowl- elyn Selbie, Marcel Corday and edge of the president of any defect in number of other prominent screen) the title of the corporation to said] k support the star. note, cannot be imputed to the bank.! Lae Plaintiff appeals from an order LAMB CROP INCREASES | of the district court of Burleigh Althougii ‘the sheep industry is on’ county, denying motion for new trial ng side of the production or judgment non obstante, Hon. Fred| D, of cycle, jue present demand outlook is Jansonius, judge. uch tha: prices during the next 12 Reversed. Opinion of the court “ynonths may averuge only slightly by Burke, J. Zuger and Tillotson, lower than dutitig the last 22 ‘months’ Bismarck, rth Dakota, attorney raesonding to a report issued from the! for appellant; Thomas Hessian, Esq of of Paul C. Newman, Agricul-!of Le Sueur, Minnesota, of counsel. ‘al Statistician for North Dakota. W, H. Stutsman, Esq. of Mandan, ¢ lambs survey, indicates a 10 per North Dakota, attorney for respon: cent inerease in 1926 lamb crop. Wool dents. nay continue at present levels, me, but there are no pres-! yg. ent ions of a return to the © high prices at the end of eat Al «10 per cent incredse indicate Fhe hy the lamb survey of the depart-, Wutual Trust Life ment. is equivalent to 2,000,000 lam The increase is. all in, the so- “Western Sheep States,” all of whic shea larger lamb crop this year {na glen from which the largest ship-| dotiME the grace peried, hud notified ‘cil gs gy Lee apply the current dividend in. re-| . | duction eh He ae Replying to the ‘ request, the defendant company sent este eae mo uty | the insured a blank premium note for bets alf of 1936 he: the net amount with the statement dUFINg the last nae ea oy yenr, that, if satisfactory, he should same elt The “effect of this in! the note and return it and upon its| one upplice at central murkets Teceipt it would be received in pay- Grease an supplies ai demand in the, ment of the premium. The note wus| depends on the local demand in the, oot executed and returned to th west for ewe ‘ambs for breeding and returned to the i company and the insured died four! the movement of feeding lambs direct Gav." after the expiration of the grace to ee eee period without having paid the pre- on mium by note or otherwise. The! ian ane ‘ticket landed | Policy contained an “Automatic Pro- Wong Young, of Mott street, in police | Vision” for continued participating, court. The same ‘ticket. thim out.| Paid up endowment insurance 26r" Young was accused af seMling lottery |Téduced amount in case of lapse, to! tickets, but a court-interpreter could! be epplied in the event the insured not tell whether it -was a laundry filed to execise an option to take ‘el ie or extended insurance ticket, a love letter or a lottery slip.) fo) J Timited time for the full amount.| HEAVY. RAING-IN ‘kA |Judgment was rendered for the Omehe, Aug.’ 11 rrential amount of insurance purchasable by yains in western Nebraska in the past! Matilda Young, plaintiff and ppellant, Insurance Com- pany, ® corporation, defendant andj led respondent. Syllabus In an action upon an_ insurance policy it appeared that the insured,| the pat pone pede the automatic siderable! Provision. It is held: Be re ot Oieatndl some tack] 1. Where notes have from time fe, made roads impassable and dis-!to time been taken in payment of Re ae eeene seurice, “Miller near, Premiums or installments thereof and ible felepnotigchen of rain, fell in: where, in effecting ‘collection, ‘such Renal Sona notes ‘have- heen extended from time * ¢ to time, such course of dealing does ON not amount to a waiver of the policy HCI —R,| stipulation requiring the payment of Premiums in advance. Mime tele, esate | 2. Where a policy provides for the ‘this after. Payment of premiums in advance, the retention of a dividend, which is less than the amount of a premi }um installment due for four da after the expiration of the grace eriod, during which period the in- ad indicated in writing hig » does not evi- oe Hingness on “ie part of the , 4 , “ 3 “3 to recei leas than the ind 1, "Ee Arternon, Lamount of @ Breminm instal linn . rp waiver of ‘the :gov- UNIVERSITY BQNORS SERVIOR ale legal re Sint ” 3. inevranee policy in North be b Daketa is mot requiret! to be written has) °" the North Dako: tlen 6635 of the ‘jaa: tibed i | Canled. tame: ‘ 4, Where.a policy form other than the Noi 3 rm employed to express the contract of insurance between.the company and the insured, and, where it conforms i of Section 66- standard forms, jis governed by the latter provision; t. ( The First National Bank of Le Sueur,'s THE BISMARCK TRIBUNE ‘ The Spanish toreador, who Shicks, |a bull with a little spear, is @-ro- mantic fellow, no douwbt--but he doesn’t begin to run the risk Amer- ican cowboys take. Look at these two_ pie taken at the’ Prescott (Ariz.) tier Days | Above, a cowboy has just le: from ‘his horse, seized a steer by the Horns and gone to the ground with it—the ‘time-honored, dangerogs sport of | “bulldogging.” Below, a cowbey is shown keeping his precarious position on the back of a bucking steer, the consideration was a gambling deal |on the Board of Trade, it is ineum- | bent upon the defendant to prove | that the other party to the transac- tion intended that there should not, be a bona fide sale and purebase and receipt andedélivery of.a com- modity in the future, Appeal from the district cougt of Benson county, Hon. C. W. Buttz, judge. Affirmed. Opinion: of the. eoiirt| by Johnson, J. Sinnes, Duffy: and Wheeler, evils Lakes North Dakota, attorneys for plaintiff and a- ent, C. EB. Brace, Minot, “North Dakota, attorney for defendant and appellant. From Wells County Bremen Elevator Company, a corpora- tion, plaintiff and respondent, insurance shall be continued as par- cipating, paid up insurance for a reduced amount, the policy, upon its] pse for’ failure to pay premiums,| va, ‘armers and Merchants Bank of . D., et al, defendants; lerchants Bank of corporation, notwthstanding an automatic provi: jon for extended insurance in the scribed standard form (Section . Comp. Laws of 1913). Appeal from the. district court. of Ramsey county, Hon. C. W. Busts. Jug Affirmed. by Birdzell, The right to a cl of a trial of termined by the time the party cl first appears and aoe 2. When the complaint shows-cause Opinion of the court) of action against two defendants, one Cuthbert and Adam-| living in the county where. the action ake, North Dakota, at-!}s brought and the, other Hying in ppellant, Traynor and) another county, the place of tris! will s Lake, North Dakota.! not be changed on the ground that the action is not brought in thesproper, county. from the district court of nty, Hon, Coffey, judge. S ’ 3? ‘Affirmeds Opinion of by @BurkesH. Sinnes, Daffy pheeler, of . Devils. 3 Dakota, attorneys for appetlant. ©. Hanchett, of Valley City, North Dakota, attorney for respondent. . J. Thoreson, plaintiff and respond- ent, vs. coprt. FE. J. Heetor, defendant and appel- jan Syllabus: 1. Co i i 1913, being chapter 58, S. L. 1 prohibiting the operation of bucket shops, it is held, for reasons stated in the opinion, that the rule in John Miller Company vs. Klovstad, 14,N.. , to the effect that the test illegality is the intention, not alone of one of the parties, but of both, was net modified by the stat- ute and that when the defense, in a suit on a promjsgory note, is that From Besson Count August Bryngelson, plaintiffvand re- spondent, es Fe Grai Company, & corpora: ‘farmers Grain Company, & co 2 tion, of Tokio, North Dakota, de- fendant and appellant. SyNabus: 1. A trig] judge has a large discre- The Pig Woman celebration.! North Dakota, for an “educatibnal -| took place; it may se shown that the tions to-@ow « trial shall be con- ducted ile, #t is his duty to! reasonably reattict the exemination| of witnesses, and his right to bring to light such facts as may disclose | the merits and justice of the cause or defense, he must. do, this in a} proner. manner_and. without vialation, of the rules of evidence. | 2. Record examined and held, for reasons stated in the opinion, ‘that | certain ralings Gn questions of evi-) uanes ‘were’ ermaneous and predju- dicial. » Appeal frem the district court of Benson county, Hon. A. G. Burr, judge. |_ Reversed and a new trial ordered. Opinion of the court ‘by Nuesste, J. Sinnes,- Duffy and Wheeler, Devils Luke, North Dakota, attorneys. for | defendant and appellant, W. C. Mc- Donald, of Minnewaukan, North Da- kota, attorney for. plaintiff and re- spondent, From Williams County The State of North Dakota, ex rel, Ernest A. Francis. et al, plaintiffs and respondents, raed wa : R. B. ‘Murphy, etal, as Members: of the Board of Administration with- in and for the State of North aphkota, defendants and ‘qppeliants.t Syitebus: 4 ’ 1, Chapter 218,~S, L. 1926, in so it purports to direct the state Board of Admintstration to convey to Williams county, without consider. jation, the real perty used and known as the Williston Experimental Station, is -vielative “of section 169 ‘of the state constitution, the land having been donated ‘to the State of | far a \ purpose”, within the meaning of that section c ‘A from the district court of ‘illiams county, Hon. Geo. H. Moell- ring, judge. | Reversed. Writ dismissed. Opin-} ion of the court by Johnson, J. Er-| nest A. Francis, state’s attorney, A. J. Knox, assistant state's ila be Williston, North Dakota, and U. Burdick, Fargo, North Dakota, at-! torneys for plaintiffs and respon. dents. Geo. F. Shafer, attorney gen- eral, and John Thorpe, jintant at- torney general. ‘Bismarck, North Dakota, attorneys for defendants and appellants. From Barnes County Bernt C, Grotberg and Inga B. Grot- berg, plaintiffs and respondents, vi ~ vB First’ National Bank of Valley City, North Dakota, a corporation, de- fehdant ‘and appellant. Syllabus: 1. Temporary .absence ‘does not de- feat the right to the ‘homestead; ‘and | while the-right of homestead exemp- | tion may fost ‘by voluntary aban- donment, to effect @ forfeiture it must be made to ai ir ‘that such abandonmetit was voluntary and with- out an intention to return and re- oe the premises: as a home. 2. The mere fact that the home- stead is leased for a limited time is not conclusive upon the question of the intent with which the removal departure was temporary, as for the | purpose Uf obtaining metlical treat- ment for the wife, or education for the children, and that there was sl- ways present an intention to return and occupy the property as @ home. !""% Declarations of the homestead claimant, ‘at the time of tris removal rege ead ape uve ‘be canes el e court as ring on Seal intention which sctuated the parties; but they are not conclusi 4. Ordinarily th its of ‘th must ‘be “determined as of e ‘ate of the execution of the in- rument ‘which is sought to be en- forced aq tien wat or transfer , of the Lega Alay med to have Veen impressed with a homestead charac- ter. [/&, For reasons stated, it, ip. held that the ey, described in the mortgage ‘Had -not been abandoned homestead at the time of the ent. @i A: conveyance of the homestead by the husband alone while.his wife tis an inmate of the state ‘hospital ‘ott re a the insane, without ‘the approval ‘the county court, or in any mann [attempting to comply with the: sec- tions 6633-37, C. L. 1918, governing the ‘transfer of the ‘homestead when one spouse is insane, is void and without legal effect upon the home- stead rights of the incompetent. 7, Section 6610, C. L. 1913, sertbing the period_of Hmitetions within which a tranéfer of a home- stead by the one spopse ‘may be chal- jenged, has no -epplication -in case of ‘@ conveyance of ‘the homestead while the other spouse is an inmate of the statc ‘hospital for the insane. ‘Appeal from the district court of | Barnes county, Hoh. M. J. Englert, iy nal Opinion of the court by-Johnsdn,J. A. P. Paulson, Val- Hey City, North Dakota. attorney for Malntitechic. Valley Chey.) a ey Q akota, attorneys for defendant and Sppellant. i Canary mere! rey EXTEND AIR: LINE SERVICE Winnipég and Fargo Will , Hook Up With Detroit- ‘St. Paul Route St, Paul, Aug. 19--)—Airplanes ‘participating in the Edsel Ford relia- bility tour got away between 10 and ‘11 @..m. from the St. Paul airport on their flight to Des Moines, with the ‘expectation of completing that leg of their tour in less than two hours. The first plane took off at 10:09 a, m.-and others away at inter- jet bi Seen the Ufo of the 22 partiolpating planes getting away before 11 o’elock. ith the group today was ship number 13, piloted by Walter Carr, which was delayed at Milwaukee for repairs Monday and did not arrive here until Tuesday afternoon. D: in Land! Pilot Jock tans Driggs Dart plane, was dama forced landing near Hastings, Min ‘Tuesday, said he hoped to join the tour again at Lincoln, Nebraska. Winnipeg, Manitoba, and Fargo, N. D., have been adt to a proposed ie ind pi nger airplane serv- ice from Detroit, Mich., via St. Paul. Plans for starting the new service next spring were outlined here yes- terday at a conference of officials interested in the Ford reliability air- lane tour, which hopped off for Des Moines, Iowa, before noon today. Build More Airports Stout-Ford all metal planes will be used between Detroit and Winnipeg, according to W. B. Stouts reneral manager of the airplane division of the Ford Motor compan: St. Paul already has airport and officials of Win’ Fargo promised immediate activity to obtain municipal flying fields at those cities. When the score of plane tourists leave here today for Des Moines, 225 air miles away, they will complete the longest stop-over of their flight since edie, egg Michigan, last had e arrived here Mon- jay. WILL SOLE FEED NEEDS Farmers in Every Community Will Meet Situation in Every Possible Way The feed situation is serious, but is being met every community the best possible way, according to A. R, Miesen, county agent of Bur- leigh’ county, who yesterday com- pleted a series of meetings with farmers all over Burleigh county, -at which the feed situation and pros- pects for purchasing sheep were discussed, ‘The meetings werg largely attend- ed and farmers of the entiré county were well represented at them. 11 wes found that in only comparatively i there any decid- ed hay shor ie farmers believe they could make enough hay to carry them through. ractical Solution Ih-many cases where men thought they couldn't carry ail their stock, they ure gene to sell down their herds until they have hay enough to carry the foundation stock, such as breeding stock and milk cows. The meelves agreed that is the most practical thing to do. Farmers with spring pigs are plan- ning on holding them and where necessary buying feed to carry them through at Aeast to the feeder stage. It will dépend on the price of corn, oats: and barley as to whether they will finish the pigs for market here, this ‘fall or sell them as feeder pigs. If the corn crop is good in lows, Illinois and Indina there is indica- tion that those who are short of pigs there wil! be willing to pay a pre. mium for Nee Dakota feeders, log: On account of the short crop of spring pigs and the leted pork in storage, there is every indication that the market will continue h this fall and winter, according to Mr. Miesen. Even in the face of short feed pent in the county, there is consid- erable demand for breeding ewes and ‘rom indieatio ree or four carloads will be purchased by farm- ers in the county this fall. Orders ‘WEDNESDAY, AUGUST 11, 1926 already have been faken for some and others are under way. On ripe ‘of the fact that thou- sands of a of grain are not being cut, there is considerable feed in the fields. Numerous quiries been made fon feeder lambs to use of this available feed. Western feeder lambs from Mon- tana do no move, as a rule, until the {aoe of September, or later, My, Miesen says. That would be rather late to make it: practical to bring them to this territory for feeding on whe forage. mye county agent is getting infor- mation on the possibility of getting feeders into this territory at an earlier date and if any number of lambs can be found. and fed in tran- sit ‘here, the information will be availablt to those interested, Three-day Session Opened By Minm, [iks ke St. Cloud, Minn, 1. - St. Cloud heeame t UKacl A ahi nesota Elkdom today, when ‘hen: dreds of delegates and Visitors, mw of them, accompanied by their wives, arrived “in the Granite City for the opening of the three-day cohvention. fore than 300 delegates, and eseveral times that many visitors, had regia- tered up to early noon, indicating, state officials said, a record breal ing’convention for the state asSocia- tion. Would Be President With the-chief business gession of the state lodge set for this after- noon, early arrivals plunged at once into the ‘seething sen of political rumors regarding saming of a new state president to suececd John ©. gan df Mankato, who hae announ- ced that he will’retire, The two most persistently named candidtes about whom delegations from various lodges appeured ‘to concenteate their support, were Chester R. Leach of St. Paul and Thomas B. W! neapolis, i Rochester, Virginia, Winona, Crookston and Duluth delegations an- nounced that they were in the field for the landing of the 1927 conven+ tion, and a number ‘of other cities were expected to enter the competit tion. The selection of a site for H. M. TAIT 611 2nd Avenue South Minneapolis, Minn. LOF DISTINCTION CDw re Boston IVE | next year's meeting was to be made late this afternoon. Slayer of Prison Guard Will Be Hung Baltimore, Md., Aug. 11.—(®) Judge Robert F.. Stanton, in city court today, denied Richard Reese Whittemore a writ of habeas corpus. Application for the writ was made Monday ‘in an endeavor to save Whittemore from the gallows, He ig scheduled to hang & few minutes after tomorrow midnight for the slay- ing of Robert H. Holtman, a Mary- land penitentiary guard, on Feb, By Mege of dis- offers unexc Medd Luilding and sup equipment attracts students: om all parts of the coun- y. Good service is our Th CANA A Canada presents the finest opportunity for getting a farm home at moderate cost. Some of the best land im the world at $15 to $20 an acre, near the railroads, with long terms of payment. Canada profluces the world’s ‘highest quality of wheat and other cereals. ‘The opportuni- ties for dairy farmers are par- ticularly attractive. For full particulars and re- duced railway rates apply to W. E. BLACK Canadian Government Agent it; . 117 Roberts St. Bat a Nort bake ! . Opposite N. P. Depot Plates, Crowns, Fill Beidgework, Plainiess tions,