The Bismarck Tribune Newspaper, March 24, 1927, Page 11

MALE HELP WANTED” FOREST Rangers, Border Patrol Guards, Meat Inspectors, Railwa: Mail Clerks, Chauffeur-C: needed often. “How to Sealy: mailed ee Write, Ozment, 33. required. Catalog Nb Moler Barber College, Fargo, WANTED AT ONCE—A girl dishwashing, must be neat and re- spectable, good wages, steady -po: on Hotel Washburn, Washburn, eral housework, Mrs. 702 Fourth street. WANTED—Experienced. girl at Hott man's Cafe, FOR RENT—City heated tars hed room. Also~furnished room and kitchenette at 400 Fourth’ street. For sale: New Cogswell chair Tap- estry Upholstered $25.00. Gente. men’s $100.00 dress suits 40 and 42 at. Dorum’ lor Shop on pe aa reet. Phone 005 after 5 FOR RENT —One “single furnished peering. room in modern ~home. Also writing desk for sale, ee first class condition. .Phone 132-' Third : FOR home, close in, could be used as a flat, on first floor, or sleeping rooms. Call 317 Eighth street, FOR RENT—Two rooms for light housekeeping.in modern home, Also garage for rent. Mrs. 620 reet, —Three large unfurnish- ed rooms for light housekeeping at 422 Twelfth street or Phone Mrs, Herman at 872. jeasant roo locality, modern conveniences. Al- so suitable for bese Call 1017 or FOR RENT—Two modern furnished rooms for light housekeeping on ground floor, private entrance. _,08 Tenth street. _ board in modern home at reason- able rates. Call at 309 Eighth or __Phone 834-1 J. FOR RENT—Two furnished Tight | peceeree, rooms. The Laurain partmen FOR RENT—Three furnished BURNT CREEK Township w THE PARK ART beaut; FOR RENT—Modern eleven 4 insertion, 26 words Ba * fei under . ails 8 insertions, 25 words or as given no spar Avoid therefore the surgeon’ Parts. Stay in one piece by: visiting: the clinic of Dr. T. jacLachlan,| who cures without tallic drugs, serums, dope. NoDan” Lue: lock, Bis- will put on a rabbit drive Sunday, March 27. All_are requested to meet at Harry Schonert’s farm, one ‘mile north of Arnold at 12:00. Town- ship will furnish ammunition. > Strictly no rifles allowed. Every- body welcome. _ é “parlor, 1o- cated in rooms 9 and 10, will be vacant April 1s, All piped and fitted ‘up for this business, If in- terested, see. S, Floren at the Bismarck Business Strvice Co, Fourth stre ae room hotel with confectionery and iunch room in connection. Afi furnishéd, Good: location, good. business, For. information write-or sce Mrs, C. __Shuey, Coleharbor, N. D. tive singers./ _t te. lies German feet alee fet abt bikie Phone| FOR _ | ‘NATIONAL cash registers new and second-hand. Over 600 styles and sizes, . We_have one to fit your business... F. Stitzel, represen- bose: McKenzie Hotel, Bismarck, _| FOR | RENT—Furnished six, Pot ibe medben house, $3 bed throughout fll becement, gueage throughout, ment, garage in basement, first story stuccoed, Pescaenraet oy new house, neat school, FIVE ROOM modern bungalow, 2 bed rooms,. full basement, Mueller fur- arage in basement, east ifty fot lot, quite new, near /school, very well located, for $3900, on _terins, IN ORDER. f non-reaident to close a transaction, this 5 room modern house, including 2 bed rooms, water, sewer, lights, bath, ee and part basement, is offered for $2700, on terms. MOD! large fies cottage,. well hes ag 7 wor garage, trees, fi fifty foot ‘et for $2800, on terms. FOR RENT—Three room apartment ‘with bath, furnished or unfurnis! ed at 21214 Main. ‘Also three rooms and bath furnished at 501 Third! street, $25. per month, after 5:00 p.m. apartment, with private bath. For sale dress- ing table, pe gas plate, rock- __ing chair. Fourth, FOR incomes room apartment, furnished or unfurnished. Occu- ancy April ist. 818 Ave. B or Phone 1085. FOR RENT—Pieasant cory. sleeping sedi apartment. Gentlemen only. 517 Seventh street. Phong 981-R. RENT—Two'or thtee room mod- ern apt..with private bath, 723 Thi! R, FOR RENT—Modern apartment fur- nished or unfurnished. Phone 77: FOR RENT—An 5 fen oe at tthe FOR SALE—Dining room et, ove stuffed mohair ‘living room set, bed, dresser, baby bed, baby’ go’ cart, Perfection oil stove, garbage! can and. other articles too namer- ous to mention, Phone 692-R or call at 702-Ave. F. L.| FOR SALE—Hoosier kitchen cabinet, one single white iron: bed with springs, one mattress and mission: rocker. Phone, 21° during the day. Phone 460-LM evenings. LE—Overstuffed tapestry, duofold, electrie vacuum cleaner, laundry stove with: water front,].'! a box, ‘807 Fourth street. FOR nae ies Wickers rockers, 2 floor show ‘cases, 1 kitchen table, 1 water tank with gas heater. Call 9: small 7) RENT—The G ines Land to rent and lands to for on yer Gaines housekeeping rooms, modern lose in. Rt at 1016 Broadway. ri ve; party furnished. Cheap. street. Close in. able call Call at 4 West Rosser, or Phone 1146, ht Housekeepin; FOR RE fodern rooms, reason- OFFICE ROOM FOR RENT __ FOR RENT—Office or living rooma|* © over Knowles seeeun, store. Apply’ to F. A, Knowles. FOR Office rooms at 400 Main street. Phone 496. transferable Life Scholarship Stenographic course at , Bismarek ALI Melody § Saxophone, silver plated, fine condition, che: for cash. Fred Svaren, 600 Si: eenth street. ‘OR SALI ALE—O! ino, very cl Phone 678&W. iat hea} 08 Fifth street. | THEY’RE ALL ALIKE THIS IS A UR eOe REPO i Brry- bow You LEARN ANy- THING AT ScHool ? LET SEE IF You CAN $ sf | ANSWER THESE Quesrions! WHAT ARE THE FIVE SENSES at a reduction for golden oak buffet in excellent condition, Call at 704 Mandan Ave. PERSONAL . iternity cases with re, in priyate home. Mrs. john G. Dixon, 504 Ninth street. jon. Two years jive referenc d. No. 45, 08 onan Ban ite Trib-; une street. H THE BISMARCK: a —._ + AUTOMOBILES: Rebuilt: Automobiles: aranteed.’ Seven: car priced in plain ‘Gaye moe , You.can, buy a used car here with ttle mohey and much confidence. We always carry good rebuilt cars in stoek. Come in and see them. “Rebdllt Cars With a Reputation” Lahr Motor Sales Co. DEPENDABLE USED CARS SPRING OPENS with complete stock of our guaranteed Used Cars —when you have the biggest selec- tions. We have devoted the win- ter ‘putting our stock in perfect condition. Overland Sedan; Ford Touring; D dge Sedan (leather); Studebaker Dodge Touring. sy Time Payments M.B. po scorer co. pa: good cord ines, ‘Stive wheels, good locking ear, first’ $125.00 offer takes it. Phone 273. HOUSES AND FLATS FOR SALE—Cottage well located on large lot with Hatta Nice gar- FARM LANDS FOR SALE FOR SALE— of the best 40 acres in Lower Rio Grand Valley, young aoe grove, owner needs the H. H. Carney, Route 1, Me- Hien, Texas, SS M ‘or Frank Krall, the Taylor, SEWING done™ reasonable at 622 Third street. Phone 132. Labeling of Seed Corn Is Required Seed corn offered for sale in North Dakota: must be labeled showing the county and state in which it was pro- duced and its germination record, according-to Senate bill 47 which i now effective. Under the provisions of this act, seed dealers or others who'sell seed corn are subject to a penalty if they do not comply this act. County Agent FE. A. Calhoun of Cass county has mailed circular let- ters to elevators and seed dealers in’ that county calling attention to this, new law, “We have observed that large amounts of seed corn are being shipped jate aus Roth Met and into other cout in North Dake from regions ‘ot vouth and cask” Mr. Calhoun lare: Much of this seed will not amount to an; thing under*North Dakota con: ie tions, as it is not acclimated. It realized that there is shortage of good seed ‘corn produced in North Dakota, and that it is ne» Gessaty to import some ‘seed. How- ever, this shodld come from nearby localities where climatic con- byes are similar to those in this L. Boll state seed commis- sioner, is ged with the enforce- ment of this act in cooperation with the states attorneys in the various counties, nd! me to ring,” Intirhate Stories of 5 the Woman’ Side of Official Life in the Capital By Allene Sumner Chapter XIV Washington, Mareh 24. remains taps with a knife on a glass. ‘Yoo, hoo, girls,” somebody calls. It is the wife of the president of the United States of America, signaling “the girls” to come to the stable and e: When Mrs. Calvin Coolidge, wife of the vice president, was pre: dent: of the Senate Ladies’ Lunch- eo Club she called them together like that, and ever since, as wife of the president and as honorary mem- ber of the club, she has done it in the same way. “We ought to have a cow-bell for she once said, int ing that she would “just love” ring the bell, She “Just Loves” the White House That is Mrs, Coolidge. She “just tloves” everything. She especially, they just. loves” life in the White House. She “just loves” the big tree-shad- ed yard to walk in. She “just loves” the massive old carved mahogany; him from the White House. furniture, the chairs, tables and| She remembers the birthdays sofas hallowed by this and that figure of the past. She “just loves” mecting people, she s And people are convinced that she really does, and that ‘it is not merely political pose. The New Year's Reception filed by. Most of them bored and awed. chubby arms around Mrs. Coolidge's you're xo pretty.” omitting child. A “Well, 1 the compliment girl who heard can of th Coolidge.” The president’: to gay!” and gave her a sound hug. White House to the humblest home: with a simple card inside “Grace Coolidge.” A special usher escorts Mrs. Cool idge to her seat in church each Sun Mrs. il. Coolidge was told that he wa of and calls them by “Hapoy birthday.” Twice a week she receives by ap. pointment official women and friend: whom they ha phone to vouched for. DECISIONS OF THE SUPREME COURT the action of the Guaranty Fund Commission in pass Daniel Mueller, Plaintiff and ‘Appel* lant “VS. Oceident Elevator Company, a cor- poration, Defendant and Respond- tors’ Guaranty Fund, Original application in this court An application to vacate a default judgment is addressed to the sound judicial discretion of the trial court land the Supreme Court will not in- terfere with the trial court’s ruling on such application, unless it is shown that the t court abused diseretion. nstant case it is court did not te. its discretion by vacating a default judgment. Appeal from the riet Court of Mereer County, Hon. H. L, Berry, Judge. Plaintiff appeals from an order vacating a default judgment. Wiff for the issuance of a writ o' certiorari. WRIT DENIED, Opinion of the Court by d Halvor L. Halvorson, of torney for Relator. Geo, F. Shafe and John Thorpe, General, of Bismarck, Attorneys fo! Defendants. FROM McHENRY COUNTY n, Plaintiff and Appel- ovs.- Opinion de ‘the court by Christian- son, J Rigler & Halpern, Hebron, N. Dak., Attorneys for Appellant. Sullivan, Hanley & Sullivan, and Paul C. Kretschmar, al! of Mandan, N. Dak., Attorneys for Respondent, ation, Defendant and Respondent. SYLLABUS: Following French v. State Farmer: where a complaint states n cause o! action upon a contract of insurance— in tiated, setting forth the circumstances which the contract was ne; showing the delivery of a po! ORIGINAL State of North Dakota, ex rel, N. A. Wiff, Petitioner. “V8. et al, as the Depositors’ y Fund Commission of the state of North Dakota, etc., Defend- ants and Respondents. SYLL. on: husband, instend of the plaintiff, a: the owner of the property, demanding a money judgment fo the amount of the loss and a reform: he original jurisdiction of the me court cannot be exercised to te merely private rights. necessary—and where there’ is ‘evi | BOOTS AND HER BUDDIES Pon % mL aSeNS Toate? WE ARE SUCH | west Nee ee oe ‘PASSENGERS, HERE gs We —e etna FROM THE YOUR Ei AT LEAST, AT'S WHAT m oud A ‘you EMBER How TVE ALWAYS” %.STOPAND SPELL YOUR AAME BUT MY AAME'S , TAGALONG: ve AIS neck, saying, “Please, let me kiss you, Mrs. Coolidge told half the story, it said, imagine much worse things than being hugged by Mrs. ife said, “You sweet thing, what a nice thing Boxes of flowers go out from the from day. He was absent not long ago and A big box of flowers went to practically every one in Washington, say They Certiorari will not lie to review Depositors’ ing upon the merits of claims of al- leged depositors against the Deposi- by the State on the relation of N. A. ‘Attorney General, tant Attorney Aetna Insurance Company, a corpor- Mutual Hail Insurance Company, 29 N. D, 426, 151 N. W. 7, it is held that, taining the name of the plaintiff's and ation of the policy, if reformation be dence in support of the allegations, the action is essentially an action at Om CERT. assemble in "the Blue Room and’ are | On New Year's Day ‘the president] taken individually or in small groups | and Mrs. Coolidge stood in line for hours as all the world and his wife Children’ came in’ squads, But one little girl danced along and put into the Red Room, Wears Gown Two Seasons She usually wears a garnet red tea {gown to match the room and laugh- ingly remarks on wearing it for two seasons, She also economizes on some of} her fanciest gowns, wearing, for in- ,|stance, the same one to two recep- e}tions, but has dozens of street and afternoon costumes which are rarely worn twice. Due to the unwritten law that a First Lady should wear the same costume only a few times in public White Hou always have been large. They tell the story that years ago %|Mrs. McKinley was eternal with fine muslin and la someone once asked her what -|was making ind she — answered, -|“Lovely little handkerchiefs. 1 make them to sell, There are so many 8 | expense cost so m Mrs. ize wears few jewels f has s it was told, that she race in wearing paste y when those who have r paste from choice,” s{for nec real ones (Tomorrow you will hi ir about the once-famous “at homes.”) law on the contract of insurance and the cause must be submitted to the | jury under appropriate instructions, Appeal from the Distric f McHenry County, Hon. Judge ‘ REVERSED AND Opinion of the ch. J. court ANDED. Wolfe, Dist. J. dissenting. S. P. Rigler, Hebron, N. Dak. and Jacobsen & M Law! y f! North Dakota, pondent. Burr, J. did not participate; -|Chas, E. "Wolfe, Dist. J., sittin his stead. Attorneys for - n COUNTY own, North wintift r a corporation, P Respondent | Newell, hi Appellants. YLLAB! Defendants of real property from a uted, and pawted to the w the husband, who stated that he was deeding the land to her, f) and that her father was canceling the debt which the hus! owed her such statement being cor- ‘s robor: -|cepted the de father who pu siheld, that there 8 sideration for the deed rjery free from any condition. a aa oppel must be pleaded, but when the allegations of the ad. -|ing amount to an estoppel, it is suf-) ficient, although the oppel is not pleaded in so many words or the pleading specifically designated as * Where jland to put away in husband deeded is wife, who had the deed} safe where it remained ‘or seven years without recording, both husband and wife remaining silent about the deed and the meantime the husband being in con- trol of the land as the apparent owner, and where he with the wife's from a bank on the ‘strength ip, they are opped that the itle of the wife to said real estate is superior to plaintiff's judgment jien, Appeal from the District Court of iges County, North Dakota, Hon. M. J. Englert, Judge. MODIFIED’ AND y AFFIRMED, Conmy, Young & Burnett, Fargo, N. D., John Sad, Cooperstown, N. D. M. W. Duffy, Cooperstown, N. D., At- torneys for Plaintiff and Respond- mone ent. Nestos, Herigstad & Stenersen, Minot, North Dakota, Attorneys for Defendants and Appellants. FROM CASS COUNTY McConnon & Company, a corporation, Plaintiff and Appellant V8.- Leonard J. Sletten, et al, Defendants D. 'B. McDonald, Defendant and Res- Where an action is brought ag inst two or more defendants, re- in different counties, the plaintiff may bring the action in a county in’ which. any one of these defendants resides; and the fact that the defendant residing in the county’ where the action is brought does not answer is no ground for a change of the place of the trial-to the county of an answering defendant. 2. An epetensien for change of venue ‘on the ground’ of convenience of witnesses cannot’ be made until after the issues have. been joined by the filing of an answer. Where a change of the place of trial is requested on the ground =| of convenience of witnesses the ap: licané must show to the court whi thesd witnes: il examine the leadings to deter- m the alleged testimony. jired testi- mony is not admissible under the issues as:framed by the pleadings no change should be granted for the , convenience: of witnesses. 4. In an apalicati@n for change of venue on the ground of witnesses, the conVenience of a defendant is not considered, They must be witnesses other than the parties to the action. Appeal ‘from the District Court of bere County,. Hon. M. J. Englert, judge. i**REVersep, Opinion’ of tne Court by Burr, J. jp burfening Conmy, Soule & Pierce, North Dakota, Attorneys for i Biatuviee sae {appellant Sad &' Du! jooperstown, North Dakota, Anornes for Defendant and Respondent. FROM DIVIDE COUNTY Dakota Trust Company, a corpora- tion, Plaintiff and Respondent -V8- Cecat of Divide, a public corpora- bef Pr po ndant. an “Geanke, et al, co: erears dott ‘business: under she a clothes bills! uu know, and my clothes | knowledge, borrowed large sums of]. A order, when the custodian has ‘know! edge of the assignment of the fund 4 the time he received the order. eal from the District Court of vives Coasty. Hon. Geo. A, -Moell- { ring, ay . A. Hanson, Bowbella, N. D. L. J. Palda, Jr. Clear iN. D. Attorneys for the ‘and Respondent. Minot Planets FROM STUTSMAN CO! State of North Dakota, Plaintiff and Respondent | Max Young, Defendant and.:Appel- jant. | 1. “Mistrial” is equivalent to no trial, and cannot be predicated on the dpening statement to the jury merely because the State’s Attorney clates what he expects to prove. The defendant in a criminal case has no constitutional or statue tory right to a bill or particulars and for reasons stated in the opinion it is held the court did not err in deny- ing defendant's demand for éne. 3. The limitation of eross-exam- ination is within the sound diseretion of the trial court and it is no abuse of such discretion to sustain objec- {tion to defendant’s demand for an- other rehearsal of her story by the prosecuting witness when she has already related n* full both on }direct and cross-examination and is {asked to tell it over again “the same as you did before.” 4. The State’s Attorney is a com- |petent witness for the impeachment jof the defendant to relate a conver- |sation with the defendant on a mat- ter relevant to the issue when the defendant has denied such conversa- tion, There is no variance between pleadings and the proof in a prosecution for rape of a girl un | ze of consent, merely becai vidence shows force and violence jwere employed by the defendant at Ithe time of the commission of the 6. The trial ‘fused to. gi {tion to the e t court’ properly sted ins y take into con- “in determin- ht and credit you will [give to her.” A trial court has no right to single out any s8 as ithe subject for special caution re- garding credibility. Cautionary in- ns should be appli {witnesses alike and it province of the Court to. jing the w i any witness and by tions intimate an opinio credibility, The credibility of wit- nesses is for the jury alone. 7. The the sole judge of the facts riminal ease and where testimony is such that reason- able’ minds may believe charge al- leged in the information has b proven the verdict of the jury is con- clusive tis to its sufficiene 8. Evidence forgotten or other- wise overlooked is not the “newly discovered ence” required as a for a new trial; and -merely impeaching testimony is not ground for a t Appeal from the District Court of ©} Stutsman County, Hon, Fred Janson- Judge. i 7 AFFIRMED, Opinion of the court by Burr, J. P. W. Lanier, Jamestown, North Dakota, Attorney for Defendant and j Appellant. Geo. F. Shafer, Attorney General, Bismarck, Norta Dakota, art Rugvsli \D. Chase, of Jamestown, North Da- ikota, Attorneys for the State. FROM BURLEIGH COUNTY Della Bishop and Wm. han, Plaintiffs and Appellants Depositors’ sion, Di SYLLABU: 1. The writ of mandamus will not issue to contxol the -action of the \Depositors’ Guaranty Fund Commi ion in the performance of its duties in passing on the claims of alleged depositors against the De Guaranty Fund, Standard Oil pany Engel, et aly... Fund Commis- d Respondent. i will not Jie to review the action of the Depositors' Guar- anty Fund Commission in_ passing upon the merits of claims of alleged depositors against the Depositors’ Guaranty Fund, Appeal from the District Court of Burleigh County, Hon. Fred Janson- ius, Judge. oe FIRMED. ion of the court by Nuessle, J. pean & Weaver, of Fargo, Attor- neys for Appellants. Geo. F. Shafer, Attorney General and John Thorpe, Assistant Attorney General, of Bismarck, Attorneys for Respondent. FROM BURLEIGH COUNTY Standard Oil Company, a corpora- tion, Petitioner and Appellant A. W. Engel, et al, as members of and constituting the Depositors’ Guar- anty Fund Commission of the State of North Dakota, Defendants and Respondents, SYLLABU: 1, The Guaranty Fund Act, Chap- ter 126, S, L. 1917, amended and re- enacted as Chapter 200, L. 1923, | providing for the creation and admin- istration of the Depo: rs’ Guaranty Fund for the purpose of insuring the repayment of deposits made in banks chartered and from time to time in- spected and exan thority Guaranty Fund Commission the power to pass upon and finally allow or reject the claims of alleged depositors against the fund. 2. The Guaranty Fund Act em- powering the Guaranty Fund Com mission to pass upon and finally al- low or reject claims of alleged de- positors against the Guaranty Fund is not subject to the objection that unconstitutional in that it de- convenience | P) of law, vests judicial power in the commission, an administrative board, and denies, to claimants the right to their day in court. 3. The Guaranty Fand: Commi: Sion exercises 1 discretion’ and judgment in passing upon claim: against the Guaranty Fund, and mai damus will not lie to contre! or direct the action of the commission in passing upon the validity of such claims. alters 1 from the District. Court of F bean County, Hon. Fred Janson- ba ED. 4 inion of the court by Ni fe are, Cox & AJ nso i: Attorneys for Petitioner and: : Appel- aged F. Shafer, seas General, and John Bryne issint Aeaeaey Defendants ti . : Newton, Duilam wmaarck, Amiel cranes