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‘he Bismarck Tribune & An Independent Newspaper : THE STATE’S OLDEST NEWSPAPER (Established 1873) —— check rahi See kone *Published by the Bismarck Tribune Company, imarck, N. D., and entered at the postoffice at marck as seccnd class mail matter. “George D. Mann ...President and Publisher Subscription Rates Payable in Advance Jaily by carrier, per year i il, per year, (in Bismarck). jaily by mail, per year, = (in state cutside Bismarck) Daily by mail, outside of North Dakota i Member Audit Bureau of Circul: Member of The Associated Press _ aThe Associated Press is exclusively entitled to tHe use for republication of all news dispatches ited to it or not otherwise credited in this pa- » and also the local news cf spontaneous origin published herein. All rights of republication of all r matter herein are also reserved. ; Foreign Representatives. = G. LOGAN PAYNE COMPANY CHICAGO DETROIT Tower Bidg. dl PAYNE, NEW YORK eta “(Official City, State and County Newspaper) = ‘Twentieth Legislative Session Womcrrow the legislative grind starts. The con- atitutional limit for a regular sess is sixty days, uspally enough to pass necessary legislation so that public business will continue during the next biennium. MITH BURNS & S' - Fifth Ave. Bldg. There is much remedial legislation pressing for cafisideration. The state has gone through a pea transition during the last two years of the present administration. Factional differences haye abated. For the most part good feeling exists between the camps holding somewhat divergent vigws dnd the ccmposition of the legislature pre- sages a harmonious session and little indication that any very radical steps will be taken to disturb business or the orderly development of the state. “Whether the demarcation between so-called “Non- partisans” and “Independents” will be as sharp (| as“in past sessions remains to be seen. If the good| ofsthe state is paramount with the legislators, such ‘@ division will not long obtain. There is no occasion ~fog considering each measure as identified with this or that group. Each bill should come before the lawmakers upon its merits. Neither legislative faction is urging an extension cfzstate-ownership program. The legislative cam- paigns in the various districts were devoid of any owtstanding issues. Decreased taxation was the slogan in many instances and the people would wel- come action toward that end. The last biennium has to its record a tax reduction. Let the good work on, North Dakota needs capital to develop its many latent resources. More people on the farms, devel- oping the great gifts a kind Providence has provided, are necessary. Before there can be a reali mn algng these lines there must be considerable remedial legishation, Industry must not be taxed greater in North ota than in contiguous states. The surest way to.drive money away from a state is to impose uifair and excessive taxes. Business cannot compete that is burdened by excessive tolls such a3 the state income tax, the rate structure of the compensation bureau and other agencies exact. This st&ite has witnessed several industries locate close to its borders to enjoy the business of North Da.- kota, but ownership is held under more favorable laws in neighboring states. & ‘This is a field for the carnest ‘Twentieth Legislative session. ‘There are tco many overlapping commissions. There are many departments doing virtually the same thing. Minnesota took a great stride when it mi@le certain fundamental changes in the interest of economy and efficiency. New York finally shock ‘off its strait-jacket and is developing a system of government more attuned to modern times. study of the Kresge Bldg. | A Crazed Public - College athletics theae days are confronted with | |an attitude on the part of tho general public that is | very exasperating. This public, which ineludes the} newspapers of ge country, tco, demands that its | | favorite college be the champion in every line of | i sport: its football team must be the best, its base- | ball team the finest, its track team the swiftest— | | otherwise it’s fo good at all. One cannot ‘wonder that colleges pay prices cut of all reason to any coach that can turn out a win- | ning team, for to the public that is a good adver- ; tisement for the college while a losing team is a | liability. The situation, of course, is unhealthy and | {all wrong. The public is placing athletics too high | in the collegiate scale. It has its importance, no doubt, but it is silly in the extreme to rate colleges | in the order of their football, instead of their schol- astic, prowess, | Ts quote from the “Yale News” on thi: an editorial says, “It is, obvious that crit | bound to persist ameng the masses, in which we in- | | clude the public press; but it should be more ignored | by those whom it concerns. If football is to re-| main the greatest dnd healthiest of all sports it will do so by virtue of the perspective qnd balance of its admirers. Commercialism and professicnalism confound athletic contests in which that perspective | is lost in the heat of interest. Yale, Harvard: and | Princeton should court favor by aspiring to football ; glory, but they should not how down to the Baal of | ehampionship.” | Clear reasoning, this. It shows that while the | general public may and does have an entirely wrong | angle on college athlegic sports, the students them- | selves, as evidenced in this, their own publication, see the situation clearly and are determined to keep | sport for its cwn sake and not for the sake of win- | ning all the time. Editorial Comment Exit the Sixth Brother (Minneapolis Journal.) There died in Florida the other day the last | save one cf the seven brothers who half a century ago were giving rag-tent shows, with @ menagerie of goats, dogs, cats and chickens, in their father’s | backyard at McGregor, Iowa, and who thirty years later dominated the circus world. | From rag-tent performances the seven Ringlings | turned t> “hall shows,” staged in Iowa hamlets, and after the family moved to Baraboo, Wisconsin, | they ventured out cn the road, in 1882, with their first feeble “wagon circus.” | A decade or so later the little amusement enter- prise had developed into a “railroad show,” dwarfed though it was. by the three circus giants of those days, the great organizations that bore the names of Barnum & Baily, Adam Forepaugh and the Sells Brothers. And many a hearty laugh did the giants have at the expense of the little Ringlings, who cut prices ta get business and who usually brought rain | to. town with them. In a surprisingly few years, however, the | Ringlings had abscrbed all three of the giants, beceme the big Ringlings, and were without seri- ous competition thereafter. And now all except John, thé youngest of the seven, are dead. It is easy to say that all these| seven Icwa boys did was to make. a lot of money out of the show business, take a lot of money out cf cach of the towns they visited. But it is hardly the whole truth, They did much more than that. Their organization has been amus- ing, entertaining and instructing a great many hundreds of thousands of people every year, and at a reasonable price. The big circus gives the public mere in return for its dollar than perhaps any other amusement enterprise. The big circus, through its heavy pur- | chases of supplies, certainly leaves a higher per- centage of its gate receipts behind it than any other Governor Sorlie doubtless will direct thought aliing this line in his message. There are obsolete Jaws te repeal and unworkable ones to wipe out or revise. It is a big job for sixty days. Good- fellowship and earnest cooperation will do much of it,in sixty days. Partisan strife can prevent any prégress. Bismarck feels a personal obligation in making thé sixty days’ residence here pleasant. The Asso- ci@fion ‘@f..Commerce facilities are at the disposal he members as well as all cther civic agencies. latch-string is out. If you don’t see what you it, ask for it. a hearty welcome to Bismarck is in store for you all. Ug Peeper ie ROSA ‘ Oil on Troubled Waters Py is to be poured on troubled European waters, be | only figuratively, but literally, for British incial interests are considering a grant te Russia 450,000,000 cn a long term loan repayable in 30 f ¢onditional on the Soviet government's giv- “ing British oil companies distributive rights to Rus- 8 oil exports to Europe and the British empire. re, the grant of the loan, it is understood, on conversations Icoking toward a of Soviet propaganda in China and India in’ for concessions from the British govern- m@pit as regards the repayment of the Russian debt is’ } takes but little discernment to see that the th megotiations are linked up with a movement a general European understanding with the et, looking toward even. more future commer- pm "It is: an indieation of a subtle that has been increasingly manifest in the of the European powers. sees ens ae ond thie ol spate: ny amusement enterprise. And, so doing, the big circus piles up higger net revenues in the course of a year than probably any other amusement enter- prise. ‘ Surely, the seven men. who built the big circus out of an original investment of only two hundred dollars must be eredited. with an achievement far above the ordirary. The Baseball Scandall +. (New York Times.) Baseball‘ ‘fans” are attracted to exhibitions of the naticnal game as given by the major leagues because they believe that it is “om the level.” If their faith im it as an henestly conducted sport is shaken by more revelaticns that games are “thrown” and that players bet on the ‘result, there will be no “heroes,” attendance will dwindle, and dividends for the stockholders will be small or none at all. The latest scandal,’ which is not. as malcdorous as the conspiracy to lose a world’s series in 1919, but tainted beycnd a doubt, concerns two of the greatest ‘players the diamond -has ever known, Ty Cotb and Tris Speaker, als> Wood, a former pitcher for the Clevéland Americans, and‘ Leonard, a former pitcher for the Detroit Americans. In 1919, which seenis to heve been a black year -for.baseball, Cobb was manager of the Cleveland club’ and Speaker | of the Detroit club. Wood made an urgly statement at the hearing: | thet it was not uncommon for players to bet on ANYES - IN 192 ~ if - ifs JusT AS PLAIN AS Yesse- —TAls LING RUNS ALL “TARouGA 1927 Mw IPs very, Very Plain — 7 Your GeT ABOUT AS FAR ON THIS LINE AS ‘Ou DID IN 1926" SAINF,=2 SINNER Stephen Churchill rose abruptly from his seat in the first row of chairs beyond the coroner's table, and strode purposefully to Cherry’s side. “I must warn you, as your attor- Mrs, Wiley, that anything now can be used against you: he truth can't be used again: me, when I'm not guilty of doi anything criminal,” Cherry — cried, both hands outstretched as.if to push him away. “I haven't. anything to hide, Mr. Churchill, and I demand to be allowed to tell everything I know.” “Very well,” Stephen Churchill shrugged his shoulders and went back to his seat. Faith's heart swelled with love and pride inher valiant little sister. Here was no fi Here was no feart “Now i Wiley, go” ‘right on with your story. Tell it yor own way, We're here to get the truth, and I ‘believe you can give us the ttuth—or as much of it as you know —without: questions’ from me.” “Thank you, Dr. Murchison,” Cher- ry’s golden eyes filled with quick tears. “Chris had a marriage license he had tuken out three or four |:monthé 2go, when he had been so sure I would marry him, He wanted | to drive right to a minister’s house in Marlboro, and get married, but I told him we'd have to tell poor Mr. uny. ris tried to argue me out of it- id if T saw Mr. Cluny,'he’d talk me into going on with the wedding. But I knew that I could never marry Mr. Cluny, no matter what he said to me, “It must have been about thirty when Chris drove grounds, and stopped the side of the entran Mary, the parlor then she told me Mr. Cluny was in his hedroont dressing, 1 ran right on up the stairs. I was sure he would be nearly ready, for it was getting late, and I knew Bob—Bob Hathaway -wus vo call for ’Mr.-Cluny at a quar- ter to nine. I. wantéd to tell him what. got here, because I didn’t want to have to argue with two mea. “Mi, Cluny was fussing with his I'd knocked Mary. Mr. into’ the cart the near the door. , let me in, and necktie when I went in. and he'd said, ‘Come i ojght. | > 1 was going to do before Bob| fully surprised p see me, and I began to talk real fast. I told him that I'd found I couldn’t marry him after all, and that I'd come to tell him so. “He wouldn't believe me at first, kept saying. ‘My dear child! Have | vou gone crazy? 1 kept telli | T couldn't marry him, be | didn’t Joye him—that way. A-started to cry. He pu around me, ‘and said he'd send me home in his car, and I'd still have time to dress for the wedding. I saw the wouldn’tbelieve me, and I is ‘But I can't, Ralph! I can’t marry you! I meah-it.. Ralph! 1 thought I could go°#hrough with it, but I can’t!” \ The <éoronef. waited for *“hersto control her emo: Witly asked her, . make any threats to force you to go on with the-wedding, Mrs. Wiley? Cherry. starod at the man with ter- ror in her-eyes. Then, with her voice falsely coo! and amused, she answer- | minute n ed: “Why, of course not, Dr. Murchi- son! Mr.Cluny is--was——a gentleman! He. was angry -and hurt, of course, | but he didn’t threaten me!” | Cherry's first lie at the inquest | \urned ‘Faith's heart into a leaden thing, that left as if it would never beat aeain. TOMORROW from perjury, tightening the a every word. en At The Movies | CAPITOL THEATRE in “Fig. Leaves,” her latest release for Fox Films, will ‘open a two day run at the Capitol Theatre beginni tonight. In this remarkably beau Lory, writtert and directed by rd Hawks, Mis: Borden appears:in a marvelous fash: ome of the most eluborate. gowns ever seen in a mo-, tion picture production; In addition, there are countless faith saves Cherry’ id her story goes on, about her. with scenes in the Garden of Eden. These, Hathaway here already” He Was aw- as well as many of the fashion quences, were filmed in Technicolor. MUCH AS £ SHOULD GKe 70 SRANT Your REQUEST, MR. BOCES, + Find To WouRSELF, DON TCHA én | Sandals—sas a y | heart-breaker <i | J Miss Borden is supported by an ex- cellent cast, headed by George O’Brien as masculine lead. Others in the cast include Andre de Be- ranger, Eulilie Jensen, Dorothy Dun- bar, Phyllis Haver, William Austin, Charles Conklin and others, Con- | tinuity is by Hope Loring and Louis D. Lighton. ELTINGE THEATRE Ben Lyon is in the title role of “The Prince of Tempters,” which is featured at the Eltinge for today and Tuesaday. Ben has never had a role which demands so much versatility, so much humor, so much fine blend- ‘ing of character tones as in the role of the young boy who leaves a monastery to take an important. po- sition in the social world, with un- limited means and a title to boot. In the monastery he is part of the religious order with cowl and social celebrity, and Ben is the most dashing figure that the Eltinge sereen has ever given. The staging of this production inks it as one of the most mi nificent picture: the yei oney and no pains were spa: very evident, to make this pecial.” But it is the human qua ity—the. actors and actressei fine direction of Lothar Mende: distinguish this production and give it a rating that places it among the jest of the year. Lois Moran, hit of “Stélla Dallas,” is the featured female lead, with Lya de Putti, the exotic, fascinating and hewildering beautiful little lady from Europe, in the rote of a temptress who matches wits with the Prince of Tempters—and loses, Mary Brian has an excellent role, Jan Keith, Olive Tell, Henry Vibart and others make up a large and dis- tinguished éast. Tappen Christmas ¢ree and literary enter- tainment given by the young peo- ple's socioty in Buckeye chureh on Thursday evening, aespite severi of the weather, was .well attended, there being ten ¢ and one bob sled on the grounds. The tree was large and beautifully lighted and dec- orated. and though Santa Claus fail- e he in being present, many a juvenile rt was gladdened by presents ten- from tree by neighborly; ands. The literal President Bodvig w: dered and ‘the music John Pederson of Medins was present pnd delivered the address of the eve- ning. . Mr. and Mrs. Sidney Lee of the vil- lage are visiting her people in Buck- eye. i C. Bodvig has installed a. new 1 box at the junction of sections 20, in Wieser for Tapper mail route No. 1. . T. Tanburg of Buckeye is con- siderably troubled with inflammatory rheumatism. . The young people from the 0. E. Bodvig vicinity of Buckeye were agreeably entertained at the residence of A.C, Bunes in Wieser on Sunday: evening. * Gus Grefthen of Valle business caller in town was a day, as brad been in Poor health for some ime. The Misses’ Leora Patterson and Helen Hogan and Mr. Owen McKee, Harvey Dolmseth, took Mr. and Mrs. Frank Hi 4o Steele Sunday, where oer caught. the fast train to St. ul. Mrs, Charlle Patterson entertained nee Hogan.and Rev. Gaiur at ner and little eft for Medina Tu y evel where they will oat ie bei ig Mrs. Eee Bens ‘ran! ogan, Jr, was @ the Geo. Yetler h MONDAY, JANUARY’, 1927. he novelt: cal Ne form of a ct can which was very neat. The Bismarck band fur- nished the music and speeches were given, after which the tables were cleared away and dancing held sway until 12 p, m, Everyone there pro- nounced tne affair a. id auccess. The Misses Helen an arid Leora Patterson and Harve: Imgeth mo- tored out to the Martin Swatburi home Thursday eveiing to atten: rayer meeting. ce Hanson Blackmore of Valley was a caller at his brother Don’s home Mon- day on his way to Dawson. Christ Shock motored to Steele and back Wednesday on business. ——____________4 | SUPREME COURT | From Billings Coanty Gertrude Foley, Plaintiff and Respondent. vs, T. A. Davis, Defendant and Appellant. SYLLABUS: An application to be relieved {form a default judgment and to be per- mitted to answer is addressed to the sound discretion of the trial court and this court will not interfere unless an fibuse of suth digeretion is “shown. The record examined and It ig;held no such abuse of discretion ‘been shown, PPER FANNY SAYS: Appeal from the District Court of iE Frnt Hon, Thomas H. ugh, Judge. 7 AFFIRMED. Opinion of the court by Burr, J. Crawford, Cain & Burnett, Dickin- son, N. D., Attorneys for Plaintiff and Respondent, H. C, Berry, Dickinson, N. D., At- torney for Defendant and Appelient. From Grand Forks County Mrs. Theresa Britton, et al, Plaintiffs and Respondents. vs: The Elk Valley Bank of ‘Lari- more, N. D., a corporation, et al, Defendants The Elk Valley Bank, Defendant end Appellant. SYLLABUS: 1, Becoming the custodian of a will is not within either the charter, implied or incidental powers of a North Dakota state banking corpora- tion and, in the absence of consider- ation or benefit to it, no liability at- taches to a bank under . 8629 Comp. Laws, 1913, for is failure aft- er the death ‘of the testator to de- liver a will in its possession. 2. A state bank may become a spe- cial depository only of those thin which in their very nature come with. in the lines of regular banking busi- ness; a last will and testament may mot become the subject of a special deposit. ‘Appeal from thé District Court of Grand Forks County, Cole, Judge. The defendant Elk Valley Bank of Larimore, N. D., appeals from an or- der. ovétruling its ‘demurrer to the complaint. po Reversed and action dismissed. Melntyre, Burtness & Robbins, for Appellant. 2 Libby & Harris, for Respondent. Johnson, J. did not participate; Hon. C. W. Buttz, Judge of the Sec- ond Judicial Dist. sitting in his stead, ————___________-# «This Looks Like :::... |) a Bid in Spades The twelfth in the series'of the popular bridge games, which are be- ing followed so closely by devotees of that popular game, will be broadcast on Tuesday evening, Janu- ary 4, at 9 o'clock through the Gold Medal Station, WCCO, by E. J. Tobin and J, R. Thompson, Jr., of Chicago, and Wilbur C. Whitehead and Milton C. Work of New York city. It is sug- gested that those who plan to follow the game in detail arrange to have a card table and four players taking the designations of the ier enperie holding the same hands and ‘follow. ing the plays. The hands which will be held by the various contestants on this evening will be as follows: Mr. F..d. Tobin (dealer) “South” streets are. traffic dammed, as was “Ja stream once just below my hill- side. The stream became torren- tial with the damming end swept away all things in its course, So it is with the street on which I id. ‘The children who play atm: base have faces old as the world. babel epg are ‘shabby. aeey have homes of sorts, se, They have not the minds at Aides! They the cunning and shi |-minded: ness of men in child bodie “They . look at. me and wonder and I wonder, too. I wonder if they have ever been to my forest, or any other forest and looked in awe and felt the stillness and the peace ‘and the kinship with the earth? “There is no earth here. There is no peace, no rest. What are the children doing here? Are they not, like myself, thrust here witheut the asking, without the desire, without’ knowing why, to stuggle with unnatural forces and thus to grow old soon—oh, too soon—and, hence to-wither with- out blossoming? “Iam the tree they brought to cpr o What am doing here? hy are all these lights? Why are all these people pushing and shoving when | somewhere there is a hillside and the breath of nine and peace and rest? “I am the tree they brought to Broadway and on my head is the gold star of Bethlehem. And I am willing to stand here on my cross and die before. you,. if. it will but save these children from the night and from growing old, centuries old before their time. But it will not. They have saerificed me to futility. “Iam the tree they brought to Broadway. . .°.” ERT SWAN. GILB! t BARBS ——— eo By Tom Sims turns to lawigsanoss for money, says a newsps' headline. Thus does the day of Mproteettanal ism grow apace, ‘ far behind — can the sheriff be Girls Christm: part of arches. ‘Youth in a Boston college wrote cards with their toes as treatment to correct fallen Chicken tracks? pti a There were no White House thi dispatch. Maybe it .was nobody has been put in jail lately. The big joke wi H got a bill fold for Ch = father, This is the age of electricity but premio g fen ta None Diamonds 10°9:7.6 & Clubs 8 spot 7 3 2 Mr. Wilbur C. Whitebead “West” holds, ata Cinbs Q 9 f. 5. Re ehempaon, dr, “North” holds... « i 3105 Bee 2 8 Diamonds Q 43 Clubs J 105 IN NEW YORK New York, January 3.—Seesawing up and down, Bi ay, 1 noted .th jighway taking pos- urchins of that area ristmas tree in Fis session of the Chi i; wither under the glare of a million are lights. . And I ha mdered. more than ann one pushed, bo ed ny e theater it it the tree would think. abou it it could think—to find itself trans- viaated Pine ys Fe as seem. ‘mi aye he nal ang thi am the tree they b: it to Broadway. From my tip glistens asmall gold star of Bethelem, But who is to see The star is eclips by all the garish * glow of these ugly signs about: me, But more than that, it is eclipsed by the moods and minds of the mob. “Those who see it why it is not’ a b star, thrusting its ri the extinction of. It is not lighted, ‘once what * know th - bid and the oer: and Gents Fisher of| °*ut?a! Medina were Sunday callers at the Md. 2, [dine Sui ; few: - iy ee she eit wat 2 aa e | ws not Somehow I feel’ mors there” are’ out. of | So here hath been daw hot air still flourishes, can hire a sleigh for $25 an hour, Pretty smooth? ——— ee | ATHOUGHT | Amend your ‘ inga—Jere, 1:4. bel: senate Men and nations can onl; - formed ‘in thelr youth; they become ieceraigthie as they grow old.—Ros- seau, work. And then Just ax he the bi ‘The snow came down wpany™”’ [OM Masters * ———————_—— ‘Another: blue days Think, wilt thou let it * Slip useless away? tof eternity his new ay fs born; Into eternity At night will return, Rehold it aforetime oe aye ever did: oon it forever From all eyes is hid, Here hath Another Think, wilt lip use! been dawni: blue day: It thou let it lets away?” »~Thomas Carlyle,