The Bismarck Tribune Newspaper, December 4, 1926, Page 4

PAGE FOUR The Bismarck Tribune Independent Newspaper THE STATE'S OLDEST NEWSPAPER probably have been a great financier, engaged in| deals where men are men and where a timid man, | | | | with too much conscience, is a sucker. Established | Sa { aoe Pay Roll Cars Published the Bismarck Tribune Company,| The great number cf pay roli robberies that are Bismarck, N. D.. and entered at the postoffice St taking place successfully throughout the natio: ramet aia verti Pat iia Pybitchar | leads one to the pertinent query as t> why armored . | ears are not in more general use. Of what value is Subscription Rates Payable in Advance | our vaunted civilization if we do not use it to some Daily by carrier, per year ..... ffect? It is possible to armor cars so as to Yesist Daily by a sae yous. ewe even machine gun fire. It is possible to supply, Yin’ state cutsite Hlsmarek)....... 6.00 enough guards within such a vehicle to withstand Daily i A outside of North Dakota 6.00| attack by overwhelming numbers. Why is it not done? Every municipality could afford one such ember Audit Bureau of Circulation Member of The Associated Presa car, to be used by the banks, large businesses and The Associated Press is exclusively entitled to| the police department when it is necessary to trans- the use for republication of all news or ae | port large sums of money. credited to it or not. otherwise credited in this ion New York is following this policy now. Three oC lag sen dene cy fPoubiieation oe all hold-up procf” cars have been put in service by the | other matter herein are also reserved. | finance department to insure the safety of millions | = of dollars used annually in cash pay rolls in that | city. The New York cars will run on schedule pre- pared by the pay division cf the department of fin-| Foreign Representatives G. LOGAN PAYNE COMPANY ree Pee ite,| ance, making anywhere from 25 to 50 stops in a PAYNE, BURNS AND SMITH day. The cars will be used for municipal purposes | NEW YORK Cpe Ciabr aha Fifth Ave. Bldg. only. It would pay every big business to have an; (Official City, State and County Newspaper) armored car of i reach their des of life that is bb hold-ups. own and make sure that pay rolls jons safely and without the loss ming so appalling in the current The Farmer Needs Help and the Government Must Give It (Duluth Herald) The movement to relieve agriculture from its present distress has reached a stage where it com- mands recognition and action. | The farmer is not as prosperous as he should be, and as farm prosperity is the first essential of na- tional prosperity, the nation as a whole can no ‘And then, in the Mississippi valley, expecially in longer overlook the fact that the Ge aie be the agricultural sections, there is a lack of trans- made prosperous if there is a legal, practical a! state highways not in keeping with the development sensible way to do it. : in the east and the we Of course, it is true that The nation as a whole, too, must realize that ten years ago there were only five states in which when the farmer declares that since government there was as much as a single improved trans-state aid has built up industry there is no reason why highway, but today every state has a definitely government aid should not build up agriculture, designated highway system, to the improvement of there can be no sound disagreement. | which the state governments are applying their re- ‘And it is plain that if the nation persistently de- sources, and it will behoove them to keep in mind pies to agriculture help comparable to that which the trans-ccntinental traveler in apportioning the j¢ pas given industry, the result will be increasing ee eee weproverents. bitterness that may, under the manipulation of | The automobilist is a generous person, but en demagogues, have its cutecme in legislation far tour he is even more than generous. Those states more disastrous than anything yet proposed. which have gasoline taxes will find that the trans- The tariff helps industry, but it helps agriculture | ee: wih ins tow ented nee omit little because the price of the surplus output in any | rially toward t! upkeep of the highway systems it Fi14 of agriculture is fixed in world markets, and | traverses. Bes‘tes, these highways should be con- 11.44 price fixes also what the farmer shall get for | sidered not just as roads, but as avenues of ¢2m-' 111) art of his product which is consumed at home. | merce and of cooperation, knitting east and west, ‘The tariff has built. up industry, ‘and the farmer | north and south in the bonds of a more understand 40. not object, even though it means that he must | fee ree cettece trieniahip. pay higher prices for what he buys, providing he | can be helped to realize a profitable return for his Radio Farm Service own labor. The wse of radio to conduct educaticnal courses! put he will not be patient with a system that for farmers on farm methods has proved to be a! builds up industry but refuses to encourage agricul- success, the radio service of the department of agri- | tural prosperity. culture has announced. The U. S. Farm School,; The movement to help agriculture started out run by the department, is broadcasting a series of | with government price-fixing, which wouldn't work seven and one- half minute lectures dedling with all and which shouldn't even be attempted. . phases of livestock, poultry and dairy management. | But that stage is passed. The present proposal Certainly, judging from the scores of commenda- | j, not that the government shall fix prices, but that tory letters from representative radio listeners and jt shall help the cooperative marketing agencies} thousands of actual enrollments from farmers who while they handle the surplus, the cost of selling the are tuning in on the service, it is proving to be one} surplus in any field below domestic prices being as- of the most popular features of the nine which: sessed against all products in that field. compose the 1926-27 farm radio service. It is not necessary to agree with this plan in all The farm school is composed of lectures dealing | jts details. These are, still subject to discussion, | with all phases of farm management. Material is| and discussion will change some of them. The ques- handled in monologue style and is supplied by spe-| tion of the legality of taxing all producers to help ts Luboratory ments necessitate put-/ the cooperatives when many of the farmers taxed | sting into practice the subject matter taught. En-| may not be members of csoperatives is a problem rolled students are furnished printed copies of radio| for legal minds. The Herald does not» know how _ talks, files of bulletins, and, at the end of the course, | the government would go about it to make Peter a certificate of work done. | Johnson, on his “eighty” in Otter Tail county, pay) It is hard to estimate the amount of good such his share of this assessment; but no doubt there is radio course will do. It engenders knowledge by a| a way, novel, “painless” method and in such a manner that | But some points seem very ‘clear, and among them | the subject under discussicn will be listened to with| are these: | interest. The net result of this effort on the part | First, that it is as important that the government! of the government is bound to be increased efficiency | go for agriculture what it can legally, reasonably +on the farm, an increase in profits for the farmer | and practcially as it is that it encourage industry. and a general conservation of national resources. Second, that agriculture in a wide field is not as Day after day radio is becoming more of a neces-| prospercus as it should be, and that the mass of! _ sity and less of a plaything, a toy. Once it was| farmers are not getting the returns their service *just a means of amusement. Then the wireless! and their labors entitle them to. | _telegraph came into its own. Broadcasting was| Third, that cooperative marketing, whic is the| sonce only a diversion for children. Now it amuses | only way farmers can save themselves from forced and instructs half the nation every day. Thus radio | sales on a declining, market or can help themselves Srenders a distinct public service. to store their products until better prices are avail- ES eae able, should have every possible government help. Italy’s Metamorphosis Fourth, that a way must be found to tects the Italy, cnce a monarchy, latterly a republic, ix surplus crop in any field so that it will not force “rapidly treading the path back to a monarchy under | the domestic market down to levels that will be un- ugthe tender, guiding hand =f Premier Mussolini who! profitable to the producers. “now holds several, practically all, of the portfolios! Fifth, that this way is likely to be found through zof government and who has now been confirmed as | cooperative marketing crganizations operating with| generalissimo of the Fascist militia. The last step| government help and direction, but never with gov- | zin this remarkable chain of events dating from the | ernment price-fixing. : | Practically penniless republic of a few short years; The operation is difficult, is not easy to work out =8g0 to the now powerful and prosperous monarchy, in all its details, and is susceptible of dangerous today, is the recent abolishing of elections within| uses. But it is not impossible, its details can be he party, primaries we call them in America,| worked out, and its processes can be safeguarded whereby the party members selected their leaders | against evil uses and bad results. ? and drew their policies. This will be no more. The| This situation calls for the best thought the coun- __leaders and the candidates in the general elections | try can summon, and that thought must be all the will be appointed by party councils. more carefully applied because the hullaballoo of Ke Mussolini's assuming the direction of the militia | demagegues will attend every step of the way. S:imeans that he now has complete control over all} It will be very badly applied if, when the task the weapons of national offense or defense, for some| is done, any farmer can think that all he has to do time the took over the portfolios of war, navy| is to raise an unlimited amount of any given prod- utics. ; utt and trust to the government to find him a profit. willingly = people will walk into bondage!| It will be very badly applied if, when the task is done, agricultpre is found leaning its whole weight ‘on & government crutch. Nothing worse than that can happen to any industry. Continue the Highways The plea of Secretary of the Interior Jardine for the completion of 80,000 miles of trans-continental highways by 1930 will receive the enthusiastic sup- port of every student of moter traffic today. Day by day and week by week the trans ntinental auto traffic is increasing as more pe! practicable to make the trans by motor car. If, however, these modern gyp ‘are to be able to do it with the maximum speed and comfort, then proper highways are necessary. As the situation stands today there are large gaps in the trans-continenta! systems which should be closed up and made passable in all weather. Many stretches cf road are not kept in proper repair and this increases the possibility of accidents and de- lay. Editorial Comment ‘ons find it entirely ontinental journey { | | | a 8 i i i j ‘remarkable that a nominally free Joyfully submit | want to | frantically busy that I | home and go to bed,. darlin SONS RO AnE Nee te THE BISMARCK TRIBUNE | His Work’s All Laid Out For Him IM GONNA HAVE TY’ “QB DECIDE WHICH ONE (M GONNA KeeP To Faith it seemed that that very, y rehearsal of the wedding, with-, in St. Peter's beautiful, austere,! echoing immensity, on the even of. Cherry’s wedding day, was as bind-| + ing as un actual ceremony could be. It was bitterly cold outside, and: since there were no services at St.| Peter's that day, the church was like} a vast, iced vault. Frances Warren and Selma Pruitt, ‘who had sweetly acknowledged Cherry's rather impu- dent but sincere notes of apology for the scene she chad created in their presence, were bundled in fur coats. “You're going to have a fur coat by Christmas,” Bob, there in the ca* pacity of usher, along with Bill War-. ren and George Pruitt, whispered to Faith, as she withdrew from the cen- ter of the clamorous group after the rehearsal. “Isn't it heartbreakifig to see how proud Mr. Cluny looks?” Faith countered, though the sudden sweep of color into her pale cheeks had answered him mutely. “He tries to walk so—so jauntily, as if he were trying to prove he isn’t really old— just in his prime. I'm afraid that strenuous trip to Europe is going to; be too much for him. Cherry will do everything and see everything, from riding in a Vene- tian gondola to climbing the Alps, and he looks us if a sudden gust of this November wind would carry him, away. Oh, Bob, I hope she'll be kind to him! It’s breaking my heart to, see him so proud and happy and so determined to be the gay young dog.” “Let’s run away and have an hour to ourselves,” Bob’s fingers closed tightly around her arm, ardently, possessively, “I'm starving for you, darling. Cherry has kept you so haven't had a real kiss for days.” | “Pil have to tell her I'm going,” Faith whispered. { When she edged quietly into the clamorous group about Cherry and the elderly bridegroom, she heard her ister saying, in a high, nervous, ex- cited voice: “Yes. I’m all packed. Ever; last one of my seven trunks was checked today, right to New York. Ralph did it himself, the darling.” Her golden eyes were lifted fleetingly but with something like shy tenderness to the silver-haired old man who bent so possessively, so yearningly over her. “Two blessed, thrilling weeks in New York, and then—Europe! I’m so ex-, cited I can’t sleep. All of you come over, to the house now. Faith has made enough Tharksgiving pies for a dozen families, and Ralph has given Mother a case of the most marvelous sherry. Good for ‘her, you know, but he won't be piggy about it.” “[ think you ought to go tugged gently atythe sleeve of the, mink coat. “Bob and I are going for, a little drive. I'll be home an hour, to give you a bromide if you) aren't already sleeping.” I don’t want to sleep!” Cherry laughed shri can get plenty of} sleep when I'm a settled old married woman, but this last night-—-the very} last night when I'll be Miss Cherry | Lane, I want to dance all night. Come on, boys and girls! I've been learning to do the ‘Black Bottom’ and T can Charleston any one of you un- der the table.” A quick sh ‘splotched the thin, waxen cheeks of the old man she was going to marry. Faith, her heart throbbing with pity, saw his hand tremble on Cherry’s shoulder. ~“You'll do no such thing, Cherry The cooperatives must not only market products, must regulate production or their market- Eg ECOL RREH ERI OTE REDE Lane!” Faith laughed. “Mother's all worn out with excitement it is, and I'm not going to let her be kept awake all night by jazz music and dancing. Mr. Cluny, you'll take her right home, won't you, and give her strict orders to go to bed? ‘You must begin to assert your authority over her. I've found her a handful, my- self.” < ‘The gaycty was wiped m Cherty’s vivid, lovely little ce. “Oh, all right. Faith bosses me to death,” she wailed plaintively. instantly ie wind-swept streets, now lightly P |to repair a gasoline engine belon; | ‘ou'll be nicer to me than Faith is, to a railway speeder, which was a to operate owing to the fact that it would, without warning, jump off the rails, and it is alleged that the defendant gave to the plaintiff au- thority to test the engine by operat- ing the speeder upon its tracks; that the dangerous character of the in- strumentality, was known to the de- fendant and unknown to the plain- tiff and that the defendant neglected to give to the plaintiff notice of such danger. It is further alleged. that, while operating the speeder in the usual manner upon the tracks of the defendant, it jumped the track caus- ing the injuries complained of. It is held: (1) An admission of a station agent a number of. days after the accident to the effect that he ex- pected that something might happen because the ear had jumped’ the track before is not admissible against the defendant to prove negligence, be- “y, w n't you?” Ralph Cluny put an arm. stiffly about Cherry's shoulders, and Faith was horribly embarrassed to see the quick tears of age film his pale gray s. “I'l be good to you, my dear child, I'll do everything in the world to make you happy.” When the wedding party had dis- persed, Cherry obediently. allowing herself to be escorted home alone by her bridegroom, Faith found that her heart was too heavy for the re- lief either of words or teats, Bob Hathaway, driving his new sedan swiftly and almost silently through owdered with the first snow of the season, understood and. mercifully remained as silent as she. - / “It is going to be not later than Christmas, isn't it, darling?” he ask-| ed after a long while, and Faith knew|""(ay a ig not a° part of the res what he meant. gestae. 1 must go to Cherry now,”. she partied his question with a long kiss. Poor Cherry! I wish—but it’s too late to wish now.” (To Be Continued) (Copyright, 1926, NEA Service, Inc.) TOMORROW: Cherry shows signs of breaking under the strain as Thankagiving Day, which is her wed- ding day, wears on, (b) It is net shown that the agent had authority to bind the principal in the matter coneerning which the admission was made. (2) Upon .an. issue of the knowl- edge of a particular person at a given time, an extrajudicial declaration of such person at a subsequent time, which affords no evidence of his prior state of knowledge aside from the truth of the declaration is in- admissible as hearsay. (3) The burden being upon the plaintiff to establish that the defend- ant’s negligence was the proximate cause of the accident, and the evi- jdence being such that the accident muy be uttributed either to tRe neg- ligence of the defendant or to the negligence or inexperience of the plaintiff in operating the instru- mentality, it is insufficient to sup- rs From Burleigh County Adolph Kutchera, Plaintiff and Re- spondent, vs. Minneapolis, St. Paul and Sault Ste. Marie Railway Company, a corpor- ation, Defendant and Appellant. Syllabus: port a recovery of damages. In ‘an action for damages for per-| (4) A motion for a new trial on sonal injuries, the complaint charged |the ground of newly discovered evi- that the plaintiff had been employed | dence is properly denied when it ap- EVERETT TRUE ging | dangerous and treacherous machine! LM AINA T PINON SATURDAY, DECEMBER 4, 1926 DATE SCHEDULE FOR THE MONTH OF DECEMBER Compiled by the Bismarck Association of Commerce 6 Lions’ Club, Grand Pacific Hote? ..... + 12:15 pam. Bismatek Study Club, Mrs. F. E. Diehl . 3:00 p. Monday Club, Mrs. T. R. Atkinson 3:00 p. m. | ‘Women’s Club, Mrs. Wilde. 3:00 p. m. | Girl Reserves, Presbyterian 7:30 p. m. | City Commission, City Hall............ 8:00 p. m. Masonic Blue Lodge, Masonic Temple 8:00 p. m. 7 Kiwanis Club, Grand Pacific Hotel + 12:15 p.m. | W. C. T. U., Mrs. W. E. Perry ...... + 2:80 p.m. Bertha Kalich in “Magda”, City Auditorium + 8:00 p.m. | 1. 0, O. F. Subordinate, I. 0. 0. F. Hall + 8:00 p.m. | Eastern Star, Masonic Temple . 8:00 p. A. OQU, W,, A. 0. U. W. Hall . + 8:15 p. 8 Rotary, Grand Pacific Hotel . + 12:16 p. Sunshine Society, Mrs. a) DeMolay, Masonic Temple . 7 American Legion, A. 0. U. Bs American, Legion Auxiliary, Grand Pacific Hotel . Company “A”, City National Bank Bldg.... Bismarck Lodge of B. of .R. T., A. O. U. W. Hall Knights of Columbus, St. Mary's Hall Rebekah Lodge, 1. 0. 0. F. Hall . U, C. T., Elke’ Hall UL . Auxiliary, Elks Lions’ Club, Grand Pacifie Hote P. FE. O., Mrs. P. J. Meyer ... City Commission, City Hall . Daughters of America, St. Mary’s Hall 1. 0. O. F, Canton, I. 0, 0. F. Hall . Pythian Sisters, A. O, U. W. Hall . Kiwanis Club, Grand Pacific Hotel Mothers’ Club, Mrs, Schoregge Business and Professional Women, * L O. O. F. Subordinate, I. 0. 0. F. Hall Masons, Masonic Temple . Yeomen, A. O. U. W. Hall .... Rotary, Grand Pacific Hotel Fortnightly Club, Mrs. 8. D. Cook . Wednesday Club, Mrs. Diven ; DeMolay, Masonic Temple..... Catholic Order of Foresters, St. Mary’ Knights of Pythias, A. 0. U. W. Hall Current Events ib, Mrs. Thorberg . Thursday Musical’ Club, Mrs. A. J. Arnot Company “A”, City National Bank Bldg. . A. 0. U. W. Hall Commandery, Masonic Temple Nonpartisan Women’s Club, 1. 0. O. Delphian Society, Elks’ Hall B. P. 0. E., Elks’ Hall ... ncampment, I. W. B. A. A. O. U. W. Hall Rainbow Girls, Masonic Temple Lions Club, Grand Pac! Hotel Monday Club, Mrs. Gordon Cox .. ae Girl Reserves, Presbyterian Church Parlors Bismarck Study Club, Mrs. Floren . City Commission, City Hall Masonic Blue Lodge, Masonic Temple Kiwanis, Grand Pacific Hotel . War Mothers, Mrs. C. E. Will. Eastern Star, Masonic Temple . 1. 0. O. F. Subordinate, 1. 0. 0. A. 0. U. W., A. 0. U. W. Hall . , Grand Pacific Hotel ... . Sunshine Society, Mrs. Alfred Erickson . American Legion, A. 0. U. W. Hall . Company “A”, City National Bank Bldg. Degree of Honor, A. O. U. W. Hall Royal Neighbors, I. 0. O. F. Hall Knights of Columbus, St. Mary’s Hal dewdee ye Bismarck Lodge of B. of R. T. A. O. U. W. Hall. Thursday Musical Club, Caroling at Hospitals Lions Club, Grand .Pacifie Hotel . P. K. O., Mrs. Lulu Harris ... City Commission, City Hall . Daughters of America, St. Mary's Hall 1. O. O. F. Canton, I. 0,.0. F. Hall . Pythian Sisters, A, Q, U. W. Hall Kiwanis, Grand Pacific Hotel . Business and. Professional Women, A F. Subordinate, I. 0. O. F. Hall . resters, St. Mary’s Hall .. Masonic Chapter, Masonic Temple Yeomen, A. O. U. W. Hall... Rotary, Grand Pacific Hotel . Fortnightly Club, Mrs. E. B. Cox Company “A”, City National Bank Bld; w Bixee ee SSeSsnessseeesee Ssssassses SEE BIS ewww mete x ww x 23es8 Pp PEST ESS TESS 33 S cy 1s | | 20 | = essesress 33 38$SS853833Se5 tS ® 0 of wo s? Prats Ee wm 2 88588388 sP 30 = pears that the evidence is not newly discovered, that it is cumulative and was either known to the defendant or by the exercise of-reasonable dili- gence it could have been known to it. (5) The evidence hearing upon the question at issue us to whether or not the speeder was of the three- wheeled or four-wheeled variety is examined in the light of the showing made upon the motion for a new trial, and it is held that a new trial should be granted upon the insuffi- ciency of the evidence. Appeal from the district court of Burleigh county, Hon. Fred Janson- ius, Judge. Reversed and new trial granted. Opinion of the court by Burke, J. Conmy, Young & Bu N. Dak., Newton, Dullam @ Young, Bismarck, N. Dak., and John FE. Pal- mer, Minneapolis, Minn., attorneys for appellant. O'Hare & Cox, ;Bismarck, N. Dak., attorneys for respondent. Nuesi Ji, being disqualified, did not participate; Hon. C. W. Butts, District Judge, sitting in his stead. ee -—__— At The Movies | cast includes Raymond Hatton, Rock-- cliffe Fellowes, Jack Mulhall and Vir- ginia Pearson. Hatton is seen in a crook portrayal for the first time since “Sig Broth- er,” a picture which earned for him genuine acclaim, After thab produc: tion he deserted the ranks of the crooks to team with Wallace Berry in comedy roles, His return to the type of part which first, won him promin- ence finds Hatton lending a wonder- ful performance to “Silence.” Jack Mulhall comes to DeMille for this picture from. triumphs opposite Blanche Sweet in “Phe'Far Cry” and Corinne Griffith in “Classified.” Vir- Pearson is an old-time screen of undiminished popularity. FLARING POSTERS ON BLUE DANUBE — Berlin—Ugly out of door adver- tising posters and bill boards are spoiling the beauty of the banks of the Danube, according to several newspapers here. The press is cam-. paigning for establishment of artistic standard governing the ‘quality of the signs, Sse Your Cough Will Leave ' You Once you start taking Fe Hones os and Tar iene eles’: Coughs and throatirritations, nervous hard racking bronchial coughs, . “flu” coughs and are quickly ELTINGE THEATRE A duel with bull whips—in which’ two men, bare to the waist, lash at. each other, is the sensational novelty in “The Temptress,” thrilling flimi- zetion of Vincente Blasco Tbanez’ novel of South America, coming to the Eltinge for three days commenc- ing Monday. Antonio Moreno and Roy D'Arcy stage this duel, after) the manner of South Americ: plainsmen. Greta Garbo, famor Swedish beauty, plays the title rol There seems to be an affinity be- tween Greta Garbo, and Ibanez! heroines. She is playing her second hacking, and lit potions fine Ter wrth her! i ie ue oe other healing ingredients, it effect of clear Honey. It is @ boon to those who suffer from troublesome night coughing. x A fine dependable nicdicine the neme nrotkn AR everywhere American role-and second Ibanez heronie—in “The. Temptress.” 4 \ CAPITOL THEATRE Courageously brushing aside evi- dence. which would save him from the death penalty, branding as false the confession of his daughter, be- cause that confession would harm her good name, end with head erect, enters the death chamber to su! punishment for a crime of which he was innocent. : \ This is one of the tense dramatic situations of “Silence,” » Rupert, Ju- lian production—a situation which caps the keynote of father love with; which the production rings—the | beautiful sacrifice of a father for his little girl. ae | H. B. Warner is seen as Jim War- ren in Be sion of “ i view at the T next y which he created Capiter Monduy. ‘It te a role e on the in which he played to ‘enth Broadway audiences for almoat a year., Petite Vera Rey-i8. lds plays the featured feminine | I