The Bismarck Tribune Newspaper, April 25, 1927, Page 3

Mil MONDAY, APRIL 25, 1927 ° DUNN COUNTY JUDGE UPHELD IN DECISION Contractors’ Bondsmen Lia- ble For Debts When Pay- ment Is Refuged When road contractors hire horses and machinery for use in their work and then refuse to pay for them. their bondsmen are liable for the debt, the suprenie court has held in the case of Yarger Brothers vs. The Dakota Trust company, appealed from Dunn county, The court held, however, that in the case at bar the trust ign an | was not liable for bills for gasoline and oil incurred by the bonded contractor. The decision modified a prior decision by the Dunn County district court which held that the Trust company was diable for all the bills incurred by the bonded contractor. In its opinion the court held that the items covered in such bonds de- pend upon the terms and language of the bond in question. Reverses Adams Court Reversing the Adams county dis- trict court, the supreme court order- ed a new trial in the case of the Vil- village sought certain land owned by the Hanson’s for street) purposes and launched condemnation proceedings which were contested by the owners. Numerous errors claim- ed by the Hansons in their appeal to the supreme court were rejected but one point was upheld and the} case remanded for that reason. The point reversed was one in which a witness has been permitted to testi- fy in general terms as to the cost of land bought by the township for road! purposes. Such evidence, it was! held, is inadmissible for the purpose of proving the value of the land in- volved. The supreme court jaffirmed an order of the Hettinger county dis- trict court granting a new trial in the ike B. Martin vs. Floyd Parkins, his son, A distri jury in court had granted Martin damages |0f voices was audible on th for the death of a child killed by the automobile of the defendants, but | urgent need of food, clothing and medical attention. Flooded Greenville, under volun- tary military control, will not be evacuated, since about 4,000 of the/ townsmen have declared their inten tion of remaining in the city with) some 6,000 ‘negro refugees encamped | onthe Mississippi levee. Additional | refugees i there as boats sought out isolated groups in the countryside. Food and medicines, together with vaccines for the p: vention of possible’ epidemics, have been received. Four thousand per- sons were vaccinated with anti- typhoid serum yesterday. Three feet more of water is ex- pected in Greenville and the relief committee announced it expected flood conditions would prevail there for at least six weeks longer. Motor boats and skiffs. brought by train from Gulfport, Miss., raced to| W the Leland sector where varying esti- mates had between 3,000 and 5,000 marooned pérsons. More Airplanes Used Additional _aireraft_ have been} placed in service, hauling food, medi- | cines, making ‘rescues and scouting| for isolated groups. River steamers ply the 1 channel bearing food to ities or refugees to concen- taration camps, ‘ . Disease continued its spread among the refugees quartered in some Arkansas camps while strenuous measures were adopted to insure against epidemics. Anti-typhoid and small pox vaccine were rushed to| every camp. Orders” were issued) that all king water must be boiled. nation has been made} compulsory. | NEGRO PARTY FINISHES IN KNIFING FRAY Male Guest’s Attention to, Belle Said to Be Cause—34 Taken to Hospital Milwaukee, April 25.—(4)—Outside the Ernest Johnson home early yes- terday morning cheerful lights blink- | ed from the windows and the hum | street | below. To the policeman who walk- | ed by all appeared well—it was ap- | the district court ordered a new trial | Parent that the Johnsons were en- | on the ground that the verdict was; contrary to the evidence. preme court held that the lower tribunal had not abused its discre- tion. DONNELLY IS NAMED BUYING AGENT FOR N. D (Continued from page one) main in the office until about May 15, acquainting his successor with the records and routine, and then will take a two-months’ fishing trip to the Canadian wilds. Upon his return he will continue to live in Bismarck, according to present plans, he said. Widely Known in State Donnelly has been a_ traveling salesman in North Dakota for a quar- ter of a century, coming from Towa to sell goods for Stone Ordean Wells company. After leaving their employ he bought an interest in the Hunt's Perfect Baking Powder company of. Minneapolis, serving that organiza- tion on the road until closed out the business, after which he organ- ized the Dakota Maid products com- pany of Fargo. Donnelly was secretary of the North Dakota Retail Merchants’ asso- jation for 10 years, and represented surance department of the as- sociation ag solicitor during his term] of office. He has spent all his life in the mercantile business and his wide acquaintance with the large job- bers and manufacturers of the coun- try will no doubt be a valuable as- set to him as the state's purchasing agent. Wheeler-Darrow Debate Audience Booes Dry Leader (Continued from page one) voiding laws. He charged that law- makers and those attempting to en- force the law were drinking, that more than a million citizens had be- come users intoxicants “because of prohibition” and that 66 per cent of the natiof’'s population is opposed to it. Differ Bn Effect Wheeler said prohibition was’ a success and is the will and wis! the majority. Describing the use of intoxicants as “entrenched sin,” he ‘tdaimed for the federal and state en- forcing measures a policy of patience while ‘awaiting eradication of this “sin.” He said that most wet propaganda was conceived and fostered by “liq- uor interests,” and that the nation was still preponderantly “dry.” He said prohibition was based on sound governmental principles, “the inher- ent right of the people to better their condition” and not “fanaticism,” as charged by Darrow. The chief point of difference re- vealed: by the debaters, aside from their methods of exposition, seemed to be their ideas of the effect of in- toxicants upon man, Wheeler paint- ed alcohol as a monster, habit form- ing, flendi drove men to brutalities and eco- nomic disasters and corrupted morals generally. Darrow couldn’t see the harm in drinking “in moderation” and ex- pressed no concern for those who dank emerwieg, FATE OF MANY OTHERS STILL IS UNCERTAIN ‘Continued from from page one) sippi levee at Fairs zoos where a slough occurred y and at Brunswick’s Circle, 10 Pee from the break in the Red river levce tho ared. to be weakening. ‘housands of acres in northern uisiana were going under water lien: tributaries of the Refugees poured into ai 2 A mighty volume of water tore in- to the lower western section of the Louisiana delta from the break at junior plantation near Diamond. It was estimated that 24 square miles would be inundated. Weather fore- casters did not believe the break would lessen the flood menace to New Orleans. ‘and Men Needed nwhile relief workers reiterat- fd ppeals for bosts and men, Fif- thousand pe: ‘were reported marooned at various places and in The su-| | swirling mass in the Johnson home |where strong arms [to the tune of “strong words.” i ja riot call, wound up the party by tertaining. Suddenly shrieks of terror and/ pain rent the early Sabbath. Knievs| and razors flashed. Bleeding men | and women tumbled or were hurled through the windows. Those who could not escape were caught in the swung weapons Police Respond A dozen policemen, responding to carting 34 of the 35 present to hospital. Those who were not seriously jured were then taken to the lockup. All went well at the party, it wa! id, until one of the male guests ‘came too attentive to one of the belles. The belle’s beau glared truc- ulently over the punch bowl and finally strode angrily to the charmer, What happened next depends on who tells it. “You ought to see our flat,” moan- ed Johnson to police when he was booked. “Those colored people made our home a wreck, Airplane Passengers Brought Down Safely (Continued from Dage one) the earth it careened and the left wing was smashed, but the pilot, the mechanic and their two young charges stepped out uninjured. After the damage to the plane had been examined by C. M. Bellanca designer, and Levine, they announced that the start of the Proposed trans- Atlantic flight would not be delayed. This has been tentatively set for Thursday. MISS THOMAS DIES Linton—Miss Odelia Thomas, of County Judge Adam Thoma: Emmons county, died in a sanatarium at Cherokee, Iowa, where she has been receiving treatment.. Her body was brought to the family home in Strasburg and funeral services were held Friday. SPECIAL ELECTION CALLED New England—A special city elec- tion will be held here Thursday, May 19, for the purpose of clecting one alderman and a city justice. The election was ordered at a special meeting of the city council held re- cently for the purpose of organizing the newly elected officers, The res- ignation of H. E. Schroeder, oldest member of the city council, and the failure of Angus McDonald to qualify as a justice of the peace left the vacancies. Both were elected at the annual election April 4. Too Late To Classify FOR RENT—Four room modern| house. Apply at Richholt’s Store, FOR SALE—Baby ca cart in good con- dition, Call 3 FOR RENT—A front on ground floor connected with bath. Close Call at 120 Firsy street. Phone 1096-R. FOR RENT—Pleasant room and gar- age close in. Rates reasonable. Call at 111 Rosser Ave, Phone 1127-LJ. FOR RENT—Modern apartment, L. K. Thompson, Phone 28’ FOR RENT—A furnished sleeping room in upstairs front apartment | at 413% Main. Catherine Griffin. WANTED TO BUY—A five or six; room modern bungalow” with gar- age. Write Tribune Ad. No. 81. FOR RENT—Two room apartment on ground floor. Also two sleeping rooms, 400 Fourth street. Notice It ‘is against the city ordi- nances for children under 16 years of age to drive automo- biles. Violators will be pros- ecuted. Bicycle riders are ae warned ten ac Md a cy m equi wi good brakes, and, if used at ni must carry proper leeping room ‘BOY 18 LIVING BY ARTIFICIAL RESPIRATION | Lungs Collapse After Opeta-! tion—Physicians Hold Hope For Recovery _ Roanoke. Va., April 25 administered than 100 hours ha life to the paralyz L, Booth, an 18-year-old boy, and physicians today held out some’ hope for his recovery. Yonng Booth’s fungs after an operat Air is being sup- plied by the raising and lowering of his arms at the rate of 16 to 18 times per minute. His body is waist down and, while | 8 speech ,his voice is weakened and h nurse oc of has to n clo: to catch the words faintiy spoken through his swolle: He has re- tained consciousness m the stat, and recognizes those The youth $s being nourishment and he during the night. Booth was injured bile ident in May, time it was thought he was not hurt seriously, Later part paralysis fed the spark of liquid in nn ¢ developed and an examiantion showed | ate the) as a dislocation of a vertebrae base of the skull. Im an operation Booth’s and artificial sorted to. He is the son of Mr. and Mrs. I. T. Booth of Troutville, near here, Last Minute Bulletins New York, April 25—(AP) —General Motors corporaticn earned $5.80 a share on the common stock in the first quarter of 1927, net earnings amounting to $52,551,408, an increase of $7,639,790 over the first quarter las last year. Kane, Pa., April 25—(AP) —Eight inches of snow cov- ered the ground here today. Farmers believed growing vegetation and fruit trees were not badly damaged. diately afte ngs collapsed respiration was re Jacksonville, Fla. April 25 —(AP)—The Pan American fliers, accompanied by Major General Mason Patrick, chief of the army air service, ar- rived here thi noon from Miami, making the flight in four hours and 10 minutes, Tokyo, April 25—(AP)— With the three week morator- ium in effect Tokyo bankers today declared that the Japa- nese financial panic was vir- tually at an end. No further runs on the banks are ex- pected. The Bank of Japan is extending assista without limit to the needy institutions and the public, reassured, is redepositing ‘huge sums. Lease Cancellation Possible When Place Has Been ‘Padlocked’, Washington, April 25,—()—The owner of leased property padlocked under the prohibition law can_pro- ceed in the courts to ha cancelled under a law handed down today by the su- preme court. Deciding a lease cancellation case from New York city, the court upheld a provision of the law making can- cellation possible where liquor been unlawfully sold. The court held that under such circumstances, a jury trial could not be demanded. Former Mantador P. M. Is Indicted on Embezzlement Count Fargo, N, D., April 25.—(#)—In- dicted by the federal grand jury at ie recent session in Fargo, Herbert °. Reed, former postmaster at Manta- ae N. D., will be brought to trial here at the next term of _ federal court on charges of embezzling post office funds and making false reports to the government. Reed is at liberty on bonds of $7,500. He was arrested on December 8, 1926, following an inspection of the ‘Mantador postoffice by R. F. Bald- win postal inspector. The inspec- tion was made November 30, 1926, and resulted in the charge that Reed had embezzled $9,682 in postal funds. It was alleged that the shortage occur- red in the money order department. For the transportation of convicts in Germany a special car is provid- ed. It is fitted with heavily barred doorg and has cells arranged along the sides, The different branches of the I. O. O. F. will celebrate their 108th anniversary of their order the 26th of April at their hall. Brother A. J. Klemetsrud of Devils Lake will Public cordially A aaa SUMMONS. State of North Dakota, County of Burleigh. In District Court, Fourth Judicial District. Anna Trask, vs. James Trask, Defendant. The State of North Dakota to the Above Named Defendant: You are hereby summoned to an- swer the complaint in this action, which complaint is or will be filed in the office of the Clerk of the District Court of Burleigh county, North Dakota, and to serve.a copy of your answer upon the subscriber within thirty days after the service of this summons upon you, exclusive of the day of such service; and in case of your failure to appear or answer judgment willbe taken against you by default for, the re- lief demanded in the complaint. Dated this 23rd day of April, 1927. Y Attorney” “tor Plaintitt, Post Office Address: Bismarck, North Dakota. (First publication ead 25, 1927.) 4/25—5/2-9-1 Plaintiff, i body of Walter, od | P collapsed | P* sleeps fitfally| THE on TRIBUNE have placed the Whippet Six in a | _ON MOTOR ROW ! distinctive class. It has shown a per- ; formance equal to that of many sixes in a higher price range. The power development of the Whippet Six has struck a new note Great Demand Being Shown For Lee Tires spots in the automotive industry may show no great signs of life but the Lee tire plant at Conshohocken according to Bismarck Accessory & Tire company, the local | dealer, is about the liveliest place in the country. Certain i-| the new Lee Balloon that the factory ¥ | is way behind in filling these orders.| will be more cars, more money, more The new Leeland tires, one a bal-| loon for Fords, Stars and Chevrolets, the other a full high pressure line, are making such mileage records, and are selling at such an acceptabl | Price that it is almost impossible to) e them fast enough. is going strong and the Heavy Duty Shoulderbilt is in greater demand than ever, The Bismarck Accessory & Tire) company is very enthusiastic over] he full Lee line and reports a most | Ithy business, | Tourist Travel Will | ‘Be Greater Than Ever! The toh A jn nation’s: gr made this summ rding to figur jrant, general sa Chevfolet Motor company, by of f the Amer! —, ciation, before the close of 1927 | 40,000,000 — people third a the | | country’ | furnished R S manager 0: most colossal in the history will use! 000 auto- mapites. | in their w nderings- h assenger cars in use in the! | These figures are based on! | the situation which prevailed in 1926.; | All indications point to an increase} of about 10 per cent in the number of} tourists and the number of auto- mobiles. The summer of 1926 found | | 36,000,000 people taking to the high-| ways in approximately 9,000,000 | Automobiles. A vast amount of money will be| | spent by the traveling hosts to enrich | | the innumerable cities and towns and the millions of stay-at-home servitors | j that cater | ide wants. The | { traveler spend at least three and| a third Hinton dollars—a tremendous | j factor in the increased prosperity of | thousands of communities through-| out the nw Of the total of ten million cars| which will be on the road, three and | a third millions will earry camping! equipment 4.‘ tour for an average! f 33 days each, The other two-thirds | will patronize hotels and will spend| jan average of 10 days on tour. For | the canvas brigade the daily expen-| | diture is estimated at $10 per car or, | $3 goad daily for them all, wi ck in days will total nearly $1,100,- 000,060. "The hotel tourists will find their expenses running about even! ith the camping cohorts, although touring about only itd as long,, and will spend approximately $: ; 000,000. At the most conservative estil fe it is safe to assume that the resorts, hotels, garages, filling ions and other agencies exter-! ing to motor travel will benefit to! {the extent of at least $3,300,000,000 ) or mfthis y 's mighty host of motor va nseries et tion already is_upon the highway the first hardy thousands setting at the first signs of spring. E: They Prey Upon | | the Innocents “We haven't any on ice right now, but here's something just as good!” This is the stock reply which a num- | | ber of soft-drink dealers in a certain city are making to children who | them distinctly for Orange-Crush. Of course their idea fs to sell ti children a cheapened substitute made from imitation extracts, on which they are able to make a fraction of a cent more money. But what a differente between | Orange-Crush and these imitations! For Orange-Crush is a true-fruit drink, contains real orange juice. To | the juice of luscious oranges Is added the delicate flavor of their pecl, the zestful tang of the fruit acid found in oranges, lemons and limes, a pure food color such as is used in cakes and candies, healthful carbonated -vater, pure cane sugar. Nothing else. Mothers are warned to instruct | their children not only to ask for | Orange-Crush by name but to insist that it’s served in the Krinkly Bottle, thus insuring a pure and wholesome beverage containing real orange juice and deriving its flavor entirely from oranges. Drink De Orange-( | oston Dental Co, ismarck’s Dental Clinic Specialize in Plates, Bridgework, Extraction. Prices Reasonable. Lecas Block 5-7 WEBB BROTHERS Undertakers _— Embalmers Funeral Directors Licensed Embalmer in Charge 4 . Phone 246 Night Phones 246-887 Capital Funeral Parlors 216 Main Ave. Licensed Embalmer Phone Day or Night—22-W Jos. W. Tschumperlin Prop. veaarat S est migration is| touring area in the country is report- increases and these reports have been borne out by the information The cult ing substantial demands for touring made at automobile clubs. of the open road is in session. Camping facilities have been great- improved and extended and their development seems certain to make phase of touring much more setting a new record in 1927 There So great has been the demand Tor! will be more people, young and old, on the road than ever before. There ly this popular jfor the migratory travelers. pleasure. A few years ako vacation travel ive luxury. y it can be made almost as in- as living at home for the ly which wishes to spend their -and “Seeing America The old faithful Puncture Proof; First” will have deep meaning for w Tod s considered an expen iv time in camps millions of former stay-at-homes. | Whippet x Proves Popular With Public The unusual specd and development of the new W! tends to bring about ar Heh ul in the manuf: cation, according of this l able reponse o: part of motor ear bu | of the country. Since its introdueti thousands of orders h: for the Whippet Six, n tests made under every cone | condition, These performances speed, power, stability and sturdiness power pet Six | eu olutionary ture of cars s who declare that car has the rs in all parts in January ve been taken its popularity resulting from performance values in vable for cars of this price class, showing an ability to climb the steepest grades in high gear, accomplished without a strain on the car the engine at the same time remain cool and functioning perfectly. New owners of the Whippet Six are amazed at’ the unusual speed development of the car, its fast pick- up and getaway and the ease in which it is handled especially in heavy city traffic While high speed is not claimed, owners report speeds of 60 miles an hour or better and an ability to maintain it easily without worl ing a hardship on the motor or It has shown remarkable response |to any demand of the driver under the most adverse conditions. The low center of g: y type of construction employed in*the Whip- pet Six is another factor that adds to its unusual performance. The weight of the car is carried close to the ground thus providing a road stabil and riding comfort not found American market, Spaciousness of the interiors is other feature of the W' that has made a distinct impression i the motor car buyers, for the driv provided comfort on long trips. The ‘four-wheel brake equinment, standard on all Whippets by Willys-( Overland provides adde feature. Such equipment. is no y the majority to be as ne electric starter, which ago had not been and the oc- assuring real to look- the} few years Overland officials see in the demand for the Whippet Six a sales record for this ear during the y the cg i ing schedule for this model has been of z Protocgarns, ask her, PHONE 898 MOTHER & will have her portrait made for Mothers Day, Make now. MRS. W. E. BUTLER’S HOME STUDIO May 8th, if. you appointments 418 WEST kKOSSER SPRING CLEANING Don’t throw away your old mattresses. renovated and recovered Bismarck Mattress & Renovating Co. 513 Bdwy Phone 605 Have them by the Bismarck, N. D. The Little Pile of — Machinery That Took America Outdoors ! HE little gas engine, set on four good wheels, is taking millions of American families away from their own front porches, their own streets, their own communities—and out into the sun- shiny world of real diversion and recreation. How many of your friends are. not getting the healthful enjoyment that owning their own car brings? Not many, Ample | nary cotton pads. n any other light six on the | et pet Six! d safety } of motor! adopted by all ears increased to meet th demand of buy- ers and dealers from all parts of the country. To Argue 14 Casese in Supreme Court During Next Month Fourteen cases are scheduled argument in the supreme court dur- ing the May term, the calendar sued today shows. With only up by the duty of 1 ments, members of the ening to argu- court are ex peeted to make rapid headway in the, disposition of some 50 cases in which guments have been heard but no decision made, Present plans are to adjourn the’ court at the end ot June and tnat no arguments will be heard from July to September. Members of the court are to dispose of all pending fore starting on their vaca- Although no arguments are sched-! uled_ for July or August it is prob- Women’s Handicap | is curbed this new way of volving oldest hygienic prob lem; gives true protection-- discards like tissue. By ELLEN J. BUCKLAND Registered Nuree HERE is a new way in women's hygiene that ends the insecurity } of old-time “sanitary pads" and their unhappy days. Eight in 1 now u . V7 Discards as easily tissue. No laundry. rassment. Five times as absorbent as ordi Deodor: ending all danger of offending. _Obtainable better-class women o embar- at all Only Kotex itseli is “tik sk for it without hesitancy. ; Costs only a few cen Proves old way a needless risk. 12 in a pack- age. in fairness to yourself, try it KOTEX No laundry—discard like tissue DRY ; CLEANING Sedit half of its time taken’ sa piece of | this | PAGE THREE able that the court will continue the practice of having one member in Bismarck continually throughout the summer. This is done in order that he may issue orders and take such other actions as may be necessary to the proper administration of justice. for, Capitol Theater Tonight and Tuesday oN ARNER: E 8 Wy a Snowe “"™ Alice Calhou .See the wonderful dog the whole world has learned to love in a great melodrama of the far north Also Buster Brown Comedy and Two-part Comedy Drama Wednesday, Thursday “WHITE GOLD” the . Bismarck Phone 268 a Mandan 96 GOLDEN WEST LAUNDRY A Mrs. T. J. Logan we'll wager! And when are you going to give your family and yourself the satisfactory, economical used car all of you have been wishing for? ‘There never was a better time for this pleasant step than right now. No matter what sort of car ‘you want—or what scrt of price you want to pay— you'll find your car waiting for you there today.. Turn to— * Mandan, N. D. Today’s Classified Section