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= TUESDAY, MARCH 22, 1927° DAMAGE SUIT | RESULTS FROM WHIP ATTACK Hollywood Fencing Master Claims He Was Beaten By Picture Director Los Angeles, Marck 22.—()—Inci- dents leading to a horse whipping, alleged to have been given to Lieu- vtenant Gerad De Merveaux, Holly- wood fencing master and world war| aviator, by J. Stewart Blackton, mo- tion picture director, were due for court recital in today’s hearing of the former's $25,000 damage suit against the film maker, De Merveaux, who yesterday ex- hibited to the jury a scar on his temple which he said was caused by the butt end of a whip, declared the director’s wife, Mrs. Paula H. Black- ton, had been responsible for it. Defense attorneys indicated a de- position by Mrs, Blackton, who is said to be in New York, would be read to the jury today. Mercilessly Lashes De Merveaux testified yesterday he was mercilessly lashed about the head and shoulders with a whip wielded by Blackton in the latter's home, where he had been staying as a guest during Blackston’s absence. le had been engaged as a fencing instructor for Blackton’s daughters. ‘When. Blackton returned” home he ‘accused De Merveaux of having struck and insulted his wife. De Merveaux was packing his bag- gage to leave, he said, when Black- ton attacked him. He denied Black- ton’s accusation and told the director that Mrs. and slapped his face, “I told Mr. Blackton that I was too much of a gentleman to tell why I was leaving and told him to ask his wife to explain the reason. 3 ‘told him to ask her about a note she; sent to me the Merveaux related. Attorneys for the director announc- ed they would attempt to prove De Merveaux had been discharged by Mrs. Blackton and that he struck her when he learned of his dismissal. Sales of Public Utility Property Not Valid Unless Authorized (Continued from page one) night before,” De subsequent to the orders authorizing | the same.” The result of this ruling, mem- bers of the board admitted, is to challenge the valid title to public utility properties sold without auth- orization. ‘It also lays open to ques- tion’ securities issued against such properties, Frank Milhollan, chairman of the commission, indicated that the de- cision in this case will be regarded as a ruling case in disposing of similar controversies ROBBERS ARE KILLING AND LOOTING CITY (Continued from from page one) call for a entry of the southerners. It was estimated 150,000 persons were out, this morning. All transport services were tied up, cotton mills were idle, while emergency volunteer crews were manning power plants and wa- ter works. No American casualties were re- ported. United States marines who, to the number of 1500, were landed when .a threatening situation was developing yesterday near the bor- ders of the international settlement, encountered no serious landed at the same time. Landing parties of American blue|;\- jackets from the destroyers Sicard and Stewart policed docks of the Standard Oil company and the Dollar Steamship Line opposite Shanghai. Men from the Sicard and Chaumont, manned the Standard Oil power . Plant, replacing the striking staff. A serious situation prevailed today in Nanking, which, it was believed, soon would fall into the hands of the enveloping southern armies, The evacuation was begun today of all foreign women and children remain- ing in the city, as it was expected| \\ that fighting would soon develop on the outskirts between northern and ev forces. Destroyers at Nanki ths Gnites States destroyer "Pres. ton Jeft Wuhu for ‘Nanking to join the ‘destroyer Noa, already there. Guards were landed by the Noa and by the British destroyer Emerald, to protect American and British con- sulates. Although @etails of the Nanking situation were lacking, it appeared that nationalists were within striking distance, with Shantungese defenders making preparations’ for desperate resistance. There were unconfirmed repoits that Soochow, on the Shang- hai-Nanking railway, 50 miles west of Shanghai, was occupied by the southerners without fighting. Just when the main body of the southern troops will march into Shanghai _ is problematical. General Ho Ying-Yin, in command of nation- alist forces in Chekiang province, was ‘still encamped on the outskirts . this morning. Cantonese armies have been reinforced b; thern deserters area, EUROPEAN WOUNDED tog PIRATES ATTACK STEAI London, March pea Euro- a Passenger was wounded, says a long Kong ‘dispatch to the Evening News, when Bites loated the steam. er Hopcang, 0! y. The ves- sel was freed cane pirates completed looting, the Annie adds, and now is on the way to t Hong Kong. GENERAL PL Bau |-CHEN AGREES TO ENDER. Shaghai, March 22—()—It is of- ficially announced that General . Pi Shu-Chen. commander. of the thera defense forces at to surrender. about 10, rom the nor- anghai Blackton had struck him) neral strike to celebrate) I cidents. The | ¢ same was true of Japanese marines a | ‘Mosquito. - ETHEL Bluebirds \ negotiations with Chang Kai, Shek,| | nationalist generalissimo, The kuomintang, or nationalist flag has been. hoisted over General PL Shu-Chen’s headquarters, but many thousands of Shantungese soldiers in certain sections this evening were still unaware of the surrender, CITATION TUTION ‘OR 1 1 . R E. State of County of Burleigi In Cout e Hon. 1. Davies, judg the “mat of the estate Julius Ladehoff, deceased. Matt Pillen, Petitioner of vs. John HH, Ladehoff, Gustav Lad hoff, Charles Ladehoff, Her- man Ladehoff, and all other persons interested, Respond- ents. The State of North Dakota to the Above Named Respondents You and each of you are hereb cited and required to appear befo caunty court of the Coun: eigh, in sald State, at the the, county judge of said at ihe court’ house in the! Bismarck, in sald county on the isth day of April, at the hour of ten o’clock enoon of that day, to show cause, if any you have, why. license should net ‘be granted to Matt Pillen, the administrator of the estate of Julius Ladehoff, late of the City of Bismarck, Burleigh County, North Dakota, to sell real estate belonging to said estate and described as follows, to-wit: That part of Block Four (1), Lincoln dition to the © of Bismare' North Dakota, beginning at th Southeast corner of said — bloc! thence running north along its ea: line a distance of 218.25 fect, thence Wate aintanee of aid feet, thence south to the south line of the guid block, a distance of feet, thence east along the mouth ine of said block a distance of 161 feet to the place of beginning, the said more or less, and said sale to be at private sale. Let service tion as requi 5 oe this 2 at Many ot March, A. By the Court: (Seal) I. C. DAVIES, of the County Cor (First dubcation March 22, 192' be pende: of this cita- tract containing 81/100 of an acre,| Ha Too Late e To Classify WANTED—A waiter O'Brien’s FoR’ ‘RENT—Rooms with or without board in modern home at reason- able rates. Call at 309 Eighth or Phone 834-J. FOR RENT—Two or three room mod ern apt. with private bath, 723 Third street. Phone 678-R. SEWING dono reasonable at 622 Third street. Phone 132-W. FOR RENT—Three large unfurnish- ed rooms for light housekeeping at 422 Twelfth street or Phone Mrs, Herman at 872. at Di NOTICE 18 HE! GIVEN that on ‘Tuesday, the Sth day of April, the Regular Biennial” City section of the City of Bismarck, orth Dakota, will ‘be held in. the said city for the purpose of elect- he following officers of said © Members of the Board of rt flennial City Election will be held at the follow- ing polling places in the election precincts of the said city: First Ward, Prec. No. 1 — Wm. Moore School. First Ward, Pree. No. 2 — C. B. Little's Garage, 610° Wasihngton| }! Street. Second Ward, Pres. No. 1—Will School. Second Ward, Pr 2—Swim- ming Po Third Ward, Prec. No. 1—High School. P oe iird Ward, Pri No, 2—Frank Fourth Ward—Wachter School. ¥ ‘th Ward Community Rest Tioom 106 3: t. Sixth . 1 — Fire ull Sixth Ward, Prec, No. 2 — St. Mary's School. ‘The polls at the sald election will be open at nine o'clock in the morn- ing and will close at seven o'clock inthe evening. Dated at Bismarck, North Dako- ta, this 224 day of March, 1927. (Seal) M. WL. TK LNSO:! City Auilitor, An astisi attack ‘upon mosquitoes, | with)fleets of-planes spreading pow- dered root oe sed plant over large areas, osal of Pr. Arthur Gibaan,: chief entorasloeiss ee the Canadian government. Breed- ing could : thus © be es. Dr, Gibson recently told the New Jersey, _ Soeaarreas Me ‘Associa- PERE co TTS ao Sa aes eee es eee vl NOTICE OF BLECTION OF THE THE CITY PARK DISTRICT OF OF beary tet NORT! NOTICE st PREY GIVEN that on Tue day the 5th day of April, 1927, the First Regular Election of the. Park District of the City of Bismarck, North Dakota, will be held in the said district and city for the purpose of electing the fol- joyine officors of said park dis- rict: One Park Commissioner to serve for a term of five years. One Park ‘Commidsioner to serve for a term of four years. One Park Commissioner to serve for a term of three years. One Hing Commissioner to serve ‘or a term of two years. One Park Commissioner to serve for a term of one year. said First Regular Election will be held at the following poll. ing places in the election precincts of the said oe of Bismarck: First Ward, Wi No. 2 — C. B. Little's Garage, 510 . Washington Street. . Second Ward, Prec. No, 1 — Will School. Second Ward, Pree. No, 2—Swim- ming: Pool, hash Ward, Prec, No, 1 — High Pree, No. 1 — Wm. ei ird Ward, Prec, No, o-¥reak Richholt School. Fourth Ward—Wachter School” Fifth Ward — ~ gapmanity Rest Roce Rc 3rd Bree. No. 1 — Fire Sixth Ward,° Hall te =! Sixth Ward, Pree.. No. 2—S:. Mary's School. be open at nine o'clock in the morn- ing and will close at seven o'clock In the evening. ted at Bismarck, North Dako- tay this wind day of March 1937. (Sent) MoH. ; yy e polls at the said election will N, ATGity Auditor. | SUMMONS State of North Dakota, County of Burleigh—ss. In District Court Fourth Judicial District Mary Lou Hutton, Plaintift, ve. | Willis Harland Hutton, Defendant. {The State of North Dakota to the bove Named Defendant: You are hereby summoned to an- swer the complaint of the plaintiff in the above entitled action, which filed in the office of the Clerk the Distri Court of Burleigh) County, North Dakota, in the City of Bismarck, North Dgkota, within thirty days after thé service of this “summons upon you, exclusive of the day of such service, and in case of your fatlure to appear or answer, judgment by default will be taken against you for the relict demanded in the complaint. Dated this 2ist day of January, j 1927. { LANGER & NUCHOLS, | Attorneys for Plaintiff, | Office and Post Office Address, | Bismarck, North, Dakota, Hi pikeld FORK re rderson, George Ward Fritch, L, Nesheim, ager, da Todt, and filed for fecord in the of rgister of Deeds in and for the Coun of Burleigh and State of North Dakota, on January und recorded in said of- pa 3 sale of the premises | and hereinafter described at the front door of the+court house in the City ef Bismarck, in Bur- lei leh County, North Dakota, at the f two o'clock p on April 1 to amount n Said mortgage on the day The pre scribed in sald mortgage a will be sold usty. the ne are those cer- ated in the County ate of North Day o- 8 ish and kota and described as follows, wit 'T Southwest Quarter (SW%) of nty-seven (27) in Township One Hundred Forty (140), north, of Range Seventy-eight (78) | {West of the Fifth Principal Me- n, "There will b da; Thirty-five Conts ¢ e costs of fore- clave sale. has this 22nd day of March, 1927. NILS L. 3 Combs, Ritchie & Hanchett, Attorneys for Mortgagee, Valley City, North pakota, (First publicatic 19: 3/: FORE- NOTIC that that certain executed and delivere PLN. P C and teh, to Nils esheim, mortgage ited April 924, and filed for record in the office of the Register of Deeds in d for the County of Burlligh and ate of North Dakota, on January and recorded in said of- vok 163 of Mortgages, on | page will be foreclosed by a sale of premises in such mort- and hereinafter described at the front door of the court housc in the City of Bismarck, in Bu leigh County, North Dakota, at the hour of two ‘o'clock p.m. on April h, 1927, to satisfy the amount due upon said mortgage on the day d otghe premises described in mortgage and whi (Sta SEW), and the} South Half of the Southwest Quar- SW) of Section in gownehip sap (140) tC Hundred Forty a ve Seventy-cigh! ), West ot fth Principal ridian. e will be due on said mort- on the Bey, of sale, the sun Hund irty-five Ce costs of fo d day of March, NILS L. NESHEIM, Mortgagor. itchie & Hanchett, ys for Mortgagec, y City, North Dakota. (First bublte fon March 22, 1 3/; 4/5-1 NOTICE OF FORE- « OSU! NOTICE 1s HERBY GIVEN that ‘and. fled. fort ice of the Register of Burte rth Dakota, on recorded 8, will be foreclose: B premises in such gage and hereinafter described the front door of the court in th bur at the lexeri mortgage il be satisfy the same are those ¢ premises situated in Burleigh and State of North Dakota and described as follows, to-wit: The Southeast Quarter (S| Section — ‘Twenty Township One Hundred Fort North, of Range Seventy-eight GX) West "of the “Fifth Principal Mc there will due on. si wage on the day of sale, of Two Thousand Three Forty Dollars and Thirty-fi 40,35), and the costs of fui closure and sale. Dated March 22nd, 1927 jd mort- the sum Hundred C “Mort gus Combs, Ritchie & Hanchett, Attorneys for Mortgagee, Valley City, ‘North Ba (First publication March 8/22-29—4 /5-12-11 ota. 22, 1927) PRorosal PNEUMATIC ‘TIRES AND ‘TUBES Sealed proposals will be re ad by the North Dakota State Highw uy Satenerrtitwet at Bismarck, No 1827, for the purpos pneumatic tires and tubes of Yarious sizes manufactured, equipping Highway Department cars and trucks in service during the yéar 1927 as needed. Bidders will be required to sub: mit specifications for the different, grades proposed to be furnished, in- Sluding rade ae itis also re- quired that’ bidders “submit their Proposals in welting on their ows forms, giving complete description, prices and termi For the information of bidders, it is estimated — that hia year's re: ments, based on the past two Ine weit and at the prices maul » will, be. approximately th an proposals must be addressed to ‘the ” undersigned and_| properly pene on the outside of .the en- roposal : for and es. The Commission reserves the Tight tomaccept or’ reject any and all Assistant Subs tne State Highwi Commission. (First “publication. f 3/1T- larch 17, 1927.) furnishing yearly requirements off] Secretary Mellon Favors Repeal of Auto Excise Tax] gton, D. C. March -As tax, the war tax of three on passenger cars is in a class by itself and Secretary of the Treasury Mellon favors its repeal as soon as the government revenues per- | mit such action. Assurance to this effect was given y retary of the treasury at a onference between him and Represen es James C, MeLaugh- lin and Clarence J. McCloud of Mich- iew hi an excis per cent 22. esentative MeLaughlin, who is Michigan's member on the ways and means committee, and Representative McCloud called on My. Mellon to urge on him the advisability of the administration itself taking the ini tative for the repeal of the war lov; t the motorists are still paying. Thay told the ae etary that should the ‘administration fail to take the lead in the matter, a fight to a finish | for repeal would undoubtedly be fought on the floor of both houses of congress. Notice to the same effect, they added, will be served on the ways and means committce when it meets this sum- mer to frame a new revenue law. After a conference of nearly an hour, in the course of which the congressmen laid before the treasury head the attitude of the American Automobile Association and other jing immediate in a class with other excise h as the tobacco taxes, for and for this reason, he it to be one of the taxes that should be repealed gs soon as the administration is assuted of suf- ficient revenue from normal taxes. Dairy Progress in State Is Outlined in Husby’s Report er total amount of money ed by farmers for their ut in 1925-1926 than in the nrevions year, the report of Dairy Commissioner John Husby shows. In You Quaker Oats Urged Wide- ly by Authorities el FROREMOST. educators, editors as well as leading business insti- tutions like General Electric Com- pany, now are widely urging break- fasts that “stand by” as an important aid to success, That's because it is now known that over 70% of the day’s impor- nt work, in offices, stores, etc., falls into the four_ mornin; hours—the | hours from 8:30 to 12: 50. _ In most American schools, includ- ing Princeton, Yale, most State Uni- versities and some: 2,000 grade schools throughout the country, 80% of the important classes are held before luncheon. Thu Oats—food that through the morning. Excellently balanced in protein, | carbohydrates, minerals and the im- | porseat Vitamine B, this delicious | food is ideal for banishing listless | mornings, Today get ‘ooks in 2% to minutes or regular Quaker Oats at grocer’s. : Quick Quaker ANNOUNCEMENT I am a candidate for reelection to the office of Police Magis- trate. W. S. CASSELMAN. (Pol. Adv.) In What Month Is Your Birthday? On your See oma your Mother Flowers Hoskins-Meyer Home of K-F-Y-B | MONEY TO LOAN 9 Perk ed Epenerne Teseve wee he City Innerance Representing Katon & Eaton Financtal Correspondents enn SRO. Content Lite largely on expert advice, | millions now start days with Quaker | tands by” one \ uick Quaker that | | 1924-25, 398,596 pounds were marketed | but farmers received $188,900, haptly a thousand dollars less despite the fact that the to2e- he pound total was over 40,000 pounds higher than| Husby’s re 4 port also shows that the that of the following period. number of creameries in North Dako- In Morton county, farmers market-| ta have increased from 38 in 1916 to Iu 968,718 pounds in the 1925-1926 | 63 in 1926 and that the total amount | period and received $393,330.87. Mc-| paid farmers for butterfat has in- ceived in other towns were as fol lows: Arena, 36,808; McKenzie, 27,- 280; Baldwin, 21,979; Moffit, 14,917; Sterling, 10,984; ‘Alta, 9,917. |Intosh county farmers marketed] creased from over $1,500,000 to $12,- | 1,817,316 pounds @iring the same per-| 500,000. Dairy cows in the state \od and received over half a million| have increased from 221,016 to 354,- dollars—$530,139, | 167, the report shows, McLean county also had_a large to- | seas | tal sale, according to the report,| wh. shows that farmers marketed | 992,612 pounds and received $402,000 Emmons unty — 936,073 were marketed and $371,866 WINE 200 YEARS OLD Bremen, Germany. — Wine 200 years old’ is being sold here at the PAGE THREE equivalent of 85 cents a glass. It comes from a $00-gallon cask found in a cellar Built in 1412. The wine was prime. about the time of “the American Revolution, but now is said to have a slightly woody taste. NIGHT CLUBS DYING New York.—On the heels of the night club curfew law, speakeasies have become the popu! jar places of after-theatre entertainment in New York. Licensed night clubs are be- ing deserted by patrons who now seek diversion in rum dives. Much of the night club business also has been diverted to hotels. county farme marketed | 39 pounds and received $285,174 [and Kidder county farmers marketed 761,429 pounds, receiving $289,199. Stark county farmers sold 01 | pounds and received $281,110. | In Burleigh county, cream stations | at Wing received the great tal | pounds of butterfat i station | pounds third with 58,165 nd stutions a pounds, Amounts re- | BE SLENDER-IN | THIS EASY WAY | People all about you have grown slender in an easy, pleasant way. Not | by abnormal exercises or diet, but by | combating’ the cause of excess fat. | | They have used Marmola Prescription | Tablets. People have used them for 19 | have and the results seen everywhere | ave increased the demand to 1 | large proportions. Try the method the used—the modern, scientific metho The results will surprise and ae | you. All druggists supply Marmola at $i | a box. Each box explains the reason | for results. Vi get they have about yo S. —now. “ | were | Peacock Models ss shoc you will recognize an in Theatre Last Time Tonight Nut Alec B. Francis, as Pe- coe: a, ter Grimm, gives the finest characterization recorded by a motion pic- ture camera in a long, long time. used it for years. Comedy and pathos join hands in a poignant drama O'Henry Comedy ference, combined with the season's smartest lines. Wearing it will convince you of its suave comfort. And the price is moderate. 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