The Bismarck Tribune Newspaper, October 8, 1926, Page 9

FRIDAY, OCTOBER 8, 1926. MILL LOSES $44,137.58 IN AUGUST Total Loss For 1926 Less on August 31 Than on July 31 Because of Error Loss of $44,137.58 was recorded by the state mill and elevator during August, figures issued here by the state industrial commission show. Despite the August showing, how- ever, the total loss to date for this year is shown to be less on August 0. B. Lund} examiner for the state|ta, and Harold B) Nelson, Rugby, board of auditors, is an error made} North Dakota, Attorneys for Appei- by the mill accounting Loi poobone lant. ‘ in, January which was not discovered | _ Bangs, Hamilton & Bangs, Grand vntil a recent audit was mrde of its| Forks, North Dakota, Attorneys for books. Respondent. Error Discovered ‘vite FROM DIVIDE COUNTY The mistake, Lund said, was made! 4 Ingwatson und C. C. Peterson, in what is known as the open trades) ““pinintifts and Respondents Soe gay aioe ag at ie Was a yy reason of fluctuations rheo. erm In'the market. Since the mill hedges | + Aney and Theo. Oxtroot, Defend- ite grain purchases a, ‘loss in one BYE Aneelinnts. lace is offset by a gain in another.) (1) Where the partnership agr In the present case, Lund said, the| ment prescribes se tine for its dure. mill was credited with both losses,|tion, x general partnership is dis- psig Page ae ead ef 0S aap solved as to all the partners at the na : real the July report awed a ge al of ee partner. (Section the loss for seven months of 1926 to 2) An lieation for th int- be $919,684.49 and the totat deficit | mant of a receiver in an action for on_ August 1 to be $1,144,595.62. the dissolution of a partnership is Even with the loss for August add-| addressed to the sound ed the new report shows a loss for! tion of the trial court, and its ruling eight months of only $285,561.54 and | will not be disturbed’ on appeal un- an all-time deficit of $1,110,472.67. | leas an abuse of discrction appears. Loss by Months (3) The objection that a receiver has been appointed without notiee is The loss by months as shown by corrected figures and those previously legal discre-! Nontck OF MOR FOREC fendants be restrained from in an; manner attempting to enforce said; + judgment and sentence or any other | sentence or resentence based upon! haying occurred the aforesaid judgment; ean of} is ditions of the h ‘ault and cc cr 0 j the said district court isque 1 morteasre by Junetional order restraining the de e CR to oa Hfondants in snid action as therein) PAY taxes for the year Mage tn ee praye 1, upon reasons set forth iy2) in the sum of S79.38, and laxes in the opinion: " «for the r 192% the sum oft (A) That the action is one against) $8.63, and that under the terms the state and cannot be maintained. | aut litions of said mortgage, of the mortgage hes {, CB) That the aetion of said district of the mortgage has court and the judge thereof was in|: excess of the jurisdiction of said court and judge. ' (C) That under the general and supervisory jurisdiction of this court the writ of prohibition is the appro- i priate means which this court may/ (employ to arrest and control the pro-| | ceedings of said district court and ,the judge thereof. t Original Application for Writ of tl Prohibition. corporation, as mortgagee, dated the | Writ granted. + ith day of Murch, (1917. and Cited | a see {for record in the office of the Reg- | pOpinion of the Court by Pugh) itr or Needs of Burleigh County, ae ol Johnson and Burke, JJ., being dis- 1 on the 1 and to foreclose the sai sive uotice of her cle are the whole sum due ention to foreclose now, therefor and I to a n mortgage executed and y Frank Vaskes and Ag- his wife, of Burleigh rth Dakota, mortgagors, horn Trust Company, a ut 3 o'clock p. suid mortgage due and | nt nd ald | Pe, ' IS HEREBY GIVEN, That | 31 than it was on July 31. e reason, according to a statement by| given follow: Deficit to December 31, 1926, $824,911.13. Corrected Figures Old Figures Loss in January, 1926 ... $924,755.14 $35,178.93 Loss in February, 1926 . 925,69 50,312.34 Loss in March, 1926 ... 36,782.17 58,232.06 Loss in April, 1926 Loss in May, 1926. Loss in June, 1926 Loss in July, 1926 32,969.39 Loss in August, 1926 . aes 58 Loss for eight months, 1926 ...... $286,661.39/ Total deficit, Augist Sist, 1926...... af $1,110,472.67 Analysis of Deficit Eight Monthe—January 1 to August 31, 1926 Loss from Jan. 1 to Aug. 31, 1926. Interest on construction bonds . Interest on operating bonds $285,561.54 same -$114,606.66 + 57,500.00 Depreciation .... 63,578.32 Additional operating loss ............... 60,816.56 { Mill Production Record, 1926 Bu. Ground Bbls. Made January 144,098 February .. 144,661 March . 144,435, April 134,210 May 145,047 31,465 June .. . 156,659 920 duly re 199,110 43,064 August ..¢.........- x: 207,519 45,304 Totals weeds 1,275.739 276,542 ERA OF JUSTIFIABLE CONSOLIDATION OF RAULROADS AT HAND, REPORT SAYS Los Angeles, Oct. 8.--)---This is | ty to formulate a general plan to com-! an era of “justifiable consoli fon”; pulsory consolidation, and the entire | of railroads, a special committec of} heme of forcing business men to bankers deelared ina detailed re-|do something with their own capital port on “Railroad Consolidation sub-| that would be against their own best mitted to the American Lurkers As-! judgment has been accepted as sociation convention. - ‘ American, the repeal of this portion iow comes the time,” the report! of the Transportation Act seems a says, “when the railrouds must re-; popular and: desirable course. sume their processes of fogical @ “The benefit most certainly to be largement that the nation may beep. counted upon, is that af improved and step with its heritage of progres: | more eficient transportation service.” Let us call it the era of ju: jable Lonsdale, president of the consolidation, or the’ adaptation to Bank of Comm , St our common carriers of America’s ef- hairman of the special com- fet principle ef massed produ 3 tion, or more correctly, transport tion is in evolution toward taussed distribution to care for the tremen production devel by the uni- fied industrial growth of this still young nation.’ | John C, Lowe, Judge of the Dist j through and not.tenable where the defendant, up- qualified did not participate, Pugh| on his motion to vacate the order ap-, and Burr, District Judges, sitting in pate a receiver, ‘is afforded a their stead. earing which serves all the purposes! George F. of a notice in the first instance. and George A. Bangs, Special Assist- Divid® County, Hon. Geo, H. MoeU-| N. Dak, ring, Judge. Defendants appcal from an order overruling a’ demurrer toyFargo, North Dakota, Attorneys for} the complaint and from an order! Defendant. denyi defendants’ application to! - SSE REPS ET vacate an order appointing a receiver.| DANCE FOR VOTES | for Plaintiff. oVs.- i tice is hereby give that, at Court of the Fifth Judie ‘Kholders of of the State of North akota, in, and for Ward County, Defendan th he October, 192 lutions on the Sth d: lowing permission and consent, except in the ™: limited class of cases in whievh a the state may be made a party in the %49) Supreme Court of the United States jy, by virtue of the original jurisdiction conferred on that court by the Fed- era? Constitution. (2) The co sued is expressed in the Constitution © and statutes as follows: 4 Constitution of North Dakota, Section 22. “Suits may be brought against the state in such manner, in werc hises, © sold the pl f the has tourd cf other property, choses r assets be y into cas pte the same as against a private person, x x x.” . And suits not within the scope of the | permission may not be maintained. a (3) The courts can and will look ce ynd the nominal par- ties to an action to de nine who are the real parties in interest,’ and, where the state is not specifically | named as u party defendant, the omi: sion is not conclusive that the suit is not against the state, nor that the state is not the rea! party in in- terest. i (4) The Supreme Court has gen- eral superintending contro! over all in- ferior courts (State Const., Sec. 86 and 87), and in th i contral it h original wri corporation ry name or furthersre- | dness of the | . The 3 the presi int aw.” i Wd this Sth day, afer, Attorney General, | iy Appeal from the District Court of! ant Attorney General, Grand Forks,/{ SYLLABUS: held ‘at # townty (1) The state cannot be sued as n the y of N the hour defendant in any court without its of North Dakota P ccorded in Book iy and filed for record in the sat assigned by said it Company to Grace Northfield, AFFIRMED. ene, Wyoming—The woman Opinion of the court by Christian-! political eampaigner in Wyoming now, CTR de it son, Ch, J. ‘ must dance instead of talk. Political) nad E. J. Mellraith, Crosby, N. Dak.,! mectings in the smallgr towns are in-/ in the ft Attorney fors Respondent Johnson,! evitably followed by Vaan, and the! of Deeds o ny J.,/did_not participate; Berry, Dist. woman politician has to fox-trot many eiaa Dakot J sitting. hours every night, according to Mrs.| Duoember, MIT, at 9 o'elogk a. Katheri ‘Morton, superintenden as duly. recorded in Hoo ORIGINAL of public instruction. tgage was duly exte State of North Dakota, ex rel. Geo.! strument in writing by W. Shafer, © Attorney General, yorncrk oF | said) Frank Vaskes Plaintiff BISMARCK »j Agnes Vaskes, his wite, i | dated th will b premise einatter ri the Court Ho of Bismarct, of Burleigh, and dégeribed in ORN BOSARD, f Mort, AAC x, mn page 9, and assigned instrument it , ; : of Register of Deeds on the ‘Wm. Lemke, and Usher L. Burdick, 1 any ate Novembe rn 19h, at’ jock p.m, and was duly recorded took 9 of Mortgakes, on page Ransom Minnesota, sald hich Will be sold to less the wight orthern Pacific Rail- n action respecting the ‘debts of the | 1 to; rr owith to property or arising upon t its bonded in- | the sements of forc- contract may be brought in the . and after paying said | closu z district ,court against the state Nave applied the bukenee on | this 5th day of October, bended i x of said | ~ Should Not Be Compulsory Jonsvlidation, the report says.| ould be based on natural traffic i should not be compulsory. “It is doubtfal whether sufficient economies will result from consoli- dation to warrant any general redu tion in freight or passenger rates,” the report states, “but natura! al- liances, if wholesome competition is ate nerally i nportant ‘to its welfare than ig that in the process of rail cation no one section of the country should be permitted to gain an advantage over another, the report |? continue: “Natu: roducts seem to be the real key to situation; af- filiation of routes endowed with a balanced proportion of raw materials and manufactured ucts, or any at supple both. the coordination of al rather than identi- jinimizing, through a diversity of traffic, the hazards of sectional or crop blights. more, appellant, vs. E. G.| PFOPCr Ge Olson, respordent. Syllabur ‘ollowing Thornley v. Lawbapeh, 31\N. D., 651. Held: That a defendavt can not move for dis- sulution of an attachment upon the sole' ground of his non-ownership of the ‘attached> property. Also held: That where, as in this case, defendant moved for disso n of an’ attachment upon several grounds, one among them being his non-ownership of the attached prop- erty, of which he addiced proof by |‘him a new trial; in the latter appeal Ris own oath, such ground for dis- | the order of the trial judge was s solution and its proof can not be dis-/ tained, in the former the appeal wa: regarded .as mete surplugage, but | dismissed for want of should be given its legal effect, which |'and the judgment thereby affirmed; is to preelude him from relief under | thereupon said H. commenced an ac- such motion. upon any ground stated therein. ; Appeal from an order of the Dis- trict Court of Pierce county, Burr, ict; the jury found n verdict of guilty upon which judg- ment was entered by which he was sentenced to a term in the state peni- tentiary; motion was made for a new trial which was denicd by the trial court; two separate appeals Clerk of the! ist. J. . Johnson, J., did not Wol fe, Dist: J. sitting in ly and forever restrained from en- rticipate; jis stead. that vlaintiff be given new tr to the Supreme Court were taken, one from), the judgment rendered on the verdict) and the other from the order denying| prosecution, tion in equity in the district court of the Fifth Judicial District to enjoin the Attorney General of the state, the District Court, the Dist. J. State’s Attorney and the Warden of REVERSED. the State Penitentiary, praying there- Opinion of the court by Wolfe,! in that said defendants be permanent- forcing said judgment and sentence, fee & Goss, Minot, North Dako-} und that pending the action the de- Joint-Ease Rub.It In—Tube 60 Cents r. 18-15-22 MAN that Plea: Bozeman Peas are grown in the famous Gallatin Vulley—the most ideal growing section in the -entire. United States “Consolidation, then, should be con sidered from the standpvint of the natural flow of traffic, because no one railroad, nor any single ri id eystem in existence at this time, can r on the traffic which both nates and ends on the roads of that system. Each system should be made so strong and self-reliant as to; be able to withstand the vicissitudes resulting from all forms of depres- sion. A Deliberate Task — “Unification brooks no disregard | of economic laws, so it mengios seen Re Sao gallresd gererwand:| sik. ral gerrymand- ering would i Nerfere ‘decidedly with | eur common perity. “Any one-sided relationship, of the unwise assumption roads of the burdens of the weal only leads to the breakdowns credit in which the public must even- tualy foot the In. this connec- tion it_is esti some sixty to of railroad in stamet mere a re euch li be aban where unification fd the Haig | weak seems imperative - =. edehipe to dependent pa munit their. ital obligation: shoul adjusted’ -to: their earning capacity. . or The from the public no gone! to or Meena for:consolidation. ~ e rm,” the report ly a matter of mo- ves, stockholders, forward-looking business men, econ- omist - and financiers. The shippers - at voicing their con- corn if they ‘have any, for the practi- cal ones can gee no immediate rate ‘aad rail service is ad- i) supreme 2. 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