The Bismarck Tribune Newspaper, August 19, 1927, Page 9

; \ FRIDAY, AUGUST 19, 1927 THE BISMARCK TRIBUNE | 6 ; +~———__________4, A . | recovered for death by wrongful act, Tourist Finds the statute provided ‘hat the jury 4 «| Missing Banker iink stoportionate te the injury te- ' 1 ‘0 the injury te- SEEK SOLUTION “She’s a Fine Girl and a Good f° | few HETTINGER COUNTY x pote Fei ee death co the persees : | Theodore Monke, plaintiff and ap-/ jentitled to the recovery”, the jury Mother,” Says -Chaplin, , P | pellant vs fowe school district, No | | may consider the pecuniary value of ae : | of Hettinger county, North Dako = services which the beneficiary under Predicting Divoree Will Be r eer i ‘ | public ‘corporation, defendant | the eo might Prompt ly have ° Sts 5 respondent. ‘ expected to receive from the person —— Granted With Amicable . j 4 | 8 8 on account of w ; : Habu account of whose death the action ‘ . : : : Under section 1342 of the com- 2 a was brought. Dispute Bet Rival P Settlement; Threatened : oS . — | | pied laws of 1913, ws amended: by me | 3. In an action for damages for ute Between Rival Power ‘i vit 5 3 r | chapter 206, session laws of 1917, eS by wrongful act, a father can- Companies Brings Request Sensations Apparently Will | which provides for transportation o . : | ver on uccount of loss of the Be ‘Forgotten % eee ay : s se | pupils a school beard is not unde: 1 and companionship of an i as : i ' {SEITE Tee aa saree re Pesce ‘ wean an secon tor mMereRee oe NS . $ pensation for the attendance of a Z ~ ¥ i} aw pupil upon days when such pup!l was! —e ¥ ath by wrongful act, a father may Request that the state railrend | Saiceee wines | not transported to school, recover on account of the reasonable board take a hand in the tangle in| Roomy pag : : | Appeal from the district court of ae : and proper funeral expenses incur which the electric distribution systém | (Copyright, 1927, NEA Service, Inc.}| ae 2 : ; Hetunger county, Hon, F. T, Lembke, , d him for an adult unmarried Ashley now is enmeshed has been | Los Angeles, Aug. 19.—The movins | ’ : . Judge. ‘ ; ade by the Ashley city council. {Picture world is breathing mo | Affirmed _Appeal from the distriet court of In a petition to the board the Ash- | easily. 1 ; r / | 1 pinion. ee Cass county, Hon, A. T. Cole, Judge, ley council asks that it intervene in| After werving themselves fox the i 2 . g { ~~ y J. Miller, New England, N. . ? 4 es for death by the quarrel between R. S. Clark and {explosion of scandal that was cx- : 4 ge Ss " | Dak. attorney for appellant. a 1 act. From q judgment in the, Otter Tail Power company and ; pected to be touched off by the pend- . mae ea a and Mar Mott, N. D.,! favor of the plaintiff, and from an ree ce control of thd distribution | ing hearing of Lita Grey Cha | & Sue : F atten oa order denying his motion for a new m to Clark. diveres sult a¥ainet her femows bu ] 5 : ‘ ia ‘abditee \ . trial or for judgment notwithstand- a to Clarke roperty but more |band, Charlie, leaders of filmland | i . — : s FROM DUNN COUNTY \ : : ing the verdict, defendant anpeals, than a year ago sold it to the Otter |are beginning to believe that the ; a ‘ . | Blanche Witke, plamtirt und) ap- hh ? , Modified and Affirmed Tail company. At least he accepted whole affair will pass quietly and e : | pellant vs The Merchants State bank ; Opinion of the court by Nuessle, 2, money in payment for his title to the | painlessly. i ee Oke Bs }of Richardton, a corporation, — and . W. H. Barnett and Francis Murphy, property. The deal was never pre-| Chaplin himself predicts it, and} ee ‘ ‘ . | Fred Stein, defendants und re- ° attorneys for defendant and Preked to the railroad board for its|seems the most relieved of the lot. | 2 : spondents, ! > bd = i ; ‘approval as required by law, however. ] met him at San Francisco and a . ; . | Syllabu, v Richardson, Green & Wattam, of Inter Clark attempted to repudiate | came down to Los Angeles with tim} 3 : | (1) Following Ron Tallma torneys for plaintiff and the deal and refused to turn over /in an exclusive interview, he told | ee aN Oe ees er Nt Nereus | is the property to the Otter Tail which|me that the suit wus virtually set-| (and ‘other decisions), it is held thar. ; F a ree TT Tyas had, im turn, sold it to a South Da-|{led; that there probably would be| : \ Wet, equiped tay tres ote ENGINES TO: RACH ‘SOUL’ ONS ote electric, distributing company, |no airing of scandal; that he andj : ‘ . : : [pes elie LL Wee 1 A! iso without the approval of the|Lita at Wat wire’ Ts sevecmens and | s : : 3 . : ¢ | wherein 9 trial de novo is demanded; railroad board. that while the form of a divorce . . = {but that, where such course is 5 y Ms hesbing would be gone through with, a < | deemed necessary to the accomplish: ; h i rk, Aug. 19.—Back in Civil there were unlikely to be any sensn-| % ment of justice, the case will be re- 1° X nes, and well into the seven= Hone: | ‘ manded for a retrial in the distr 5 the passenger locomotive was @ | court. thing of individuality — more than records showed the plant b . id |. (2) For reasons stated tn the opin- : sta colorless mass of powerful | Oddly enough, the signing of the Clark and that th i Sey Tall company. vpflecolinatar’ pls Ft apparently will find lion, the instant case is remanded for: 8° 6, inclusive, .|machinery. ‘Those early engines Fee Cem Rsea Terie ba ny white | Genel cohe cute, mare: friendly than Se e a a new trial in the district court, the plaint Seph| were covered with polished brass- reqaires that such transfers of title byt ie deb AA ssh et ip Bea f ‘ oe : 3 | Appeal from ‘the district court of the defendant, alwork; they were decorated in color han pproval. of the railroad|tion of fi aris with the full inten- ‘punn county, Pugh, J. Plaintiff ap ysievan, on uceount of the death| snd had names emblazoned in gol postr fee, e iga case to a. fin- | peals from the Judgment and from the plaintiff's adult. unm: jon the boiler-head and cab. Later the Otter Tail company en- , on aint a ‘Mrs, Chaplin's legal lan order denying a new trial. ghter, by reason of negligent} Then, in the interests of eco- tered the city of Ashley in the night, | ¢ ob jit! rene settlements to me on Remanded for a new trial | rent and improper care by the|Momy, the ss was covered with See clin’ Cutie CnC EVE Tae ede kant cae refused to Opinion of the Shrisidan- ndant in-acting us her physician, | paint, individual names were forgot- distribution lines and hooked up th ae Trees act gore Me ps Here are Charlie Chaplin's two sons, to whom, he now say i [the record is examined, and he'd, for|ten and the bright decorations were city distribution system with a high{a third Sener Ent slece Ihave de.| the left Lita is holding Sydney; her mother, Mrs. Lillian Spicer, is at the right with Charlie, Jr. 7 ‘on stated in the opinion: left off. is. attorney for a ‘ if e evidence is 8! is But some of the old romance is tension line which had been con-| cided to do so. Sarre coer ana Hera ad ine “finding of the jury |coming, back now. At ueast two Wracted ta Achlay'trom acpotatetaik' | *T” have’ rerenindd: prsétically si-| maww wy ani Ss lacdin eed r . 8 i rel a | j railroads are dressin i miles away under cover of the dark-|ient since the beginning of our Mil | ION M ARK Mo Le’ Sterideanot Dickinson, | " ELE sses ae eae . Pek aed! z 2 ‘ eat y 3 chats , Ne | tral locomotive will be painted in ‘As a result Qlark was left with.a| was right to attack Lita. She is a FROM MERCER COUNTY juts daughter and that her denth| battleship gray | and trimmed | in power plant but no distribution sys- | fine girl 4 er Fhe Otter el company ‘ae ee ee wets te tied with Dakota Trust company, a corpora- resulted as a consequence of this |The Balit Noe Graeme” left’ to supply power to a chy in|her, We just weren't suited, that's tion, plaintiff and respondent — vs | negligence. ne Ee toe 08d re See ae which it had no franchide to serve. | all.” | ; iLueky Strike Coal compuny, a cor-! (b) Thut the evidence is sufficient) olive green TAA eek umckt cae The railroad board was left to face a| The terms of settlement which : | poration, et ol, defendants and ap-jto sustain the find.nz of the jury!to be named itter © president of the problem which is one of the most | Chaplin and his have reached, : . \ taand Mary H. Anders and J., that the plaintiff suffered injury ot | United States. Firegirl ee of North Da- | it ‘ TE oe from a nae cient h ’ | o nt ye 7 death of his daughter —— utilities. call for a payment by Chaplin to { : ’ ay of loss of work and services| So preat i 2 The Otter Tail company has filed | Mrs. Chaplin of something less than! : renannably, en{itled. to slary fer abbitagkine teat Teapeers Ek no rates for Ashley but is still oper- | million dollars. Mrs, Chaplin will | iene: g : to secure aon obligation therein Z ve from her in the! Australia are having a “boom” time, eting’ the property. The railroad | Keep the babies—but Charlie will be| Surplus Reaches High Point : | scribed, to be evidenced by amount of $3,000.00 iome inkichigeaw winch Jan Ae ee Jae § ey. ire started . a of | ~ Seay gh pr ald A 4 é 4 | Hae with a definite maturi 2, In measuring the damages to be] week. peent rate proposed by Clark aplin loves his two sons and} i ‘ : | subject to » maker's option to : tid may make the Ashley council’s | wants to see as much of them as he This Year, Financial State- e {in long term bonds and without. appeal a part of that investigation, | can. And, now that a settlement has | t Sh ’ | requirement that the option shall Wy 7 5 pe §. | Sarita) mt Shwe oo = for long hot “sticky"d heen (reached, becomes apparent - : | tered’ in the same manner'«t”| FOV longs hot Stic lays! t th respect to all notes, It is held that | DEE H ; | bitterness that marked the carly! Surplus funds of the state fire j | the alteration of given notes, extend: | Conny of their trouble. Indeed, bar-| and tornado insurance department : ing their maturity and striking out; ped sine Rar _ happenings, it is) have passed the million dollar mark, é the maker's option to redeem in| } proba it they will be very good| according to a financial statement is-| , bonds, is not prejudicial to the q es i frlenaamapee they are no longer man| sued recently. : | riehts of the holders of unaltered | =~ is Re as eh be. Alberpaly snow: thal fc0d Steet it aa oterten IncaoLd suet : : Brit . | : : * that} fund since it was started in 1919 just co : 4 (2) It is he'd, for reasons stated in! : phe: 4 his marital troubles are settled, is in| $1,138,963.94 -has been retained as Be 2 ‘ s es the oninions, that the obligations evi-} T Game and Fish Board Not to| his new picture, “The Circus.” | Work| profit, the report shows. The re: re denced by the altered notes are suf- s cieciaah Pay Thad been begun when | mainder has gone te pay. losses “and ‘ge : : ficiently ‘identified x Rhone necured | Ask Governor Sor! 5 j | other expenses of runni t oul y the trust deed ond that the hold- p Sorlie for | Sur" ail vastivicier. were suspended | gung™ “xPenses of rinning the busi - : ° cle ‘of such notes are. entitled to i when she began filing attachments F 8 Fi i a Open. Season eee We hesbeca's ntoweriy: Movikes rte nnement shows that the de- : share ratably in the security. ? . artment has received $1,645,843.82 in ? Under section 138 of the state } ; Oe \\ oe a he is reatly to:resume fim ine insurance premiume but has patd si : constitution and section 4528 of the | |. > j Possibility that the state. game| ME, | 4, nave “The Circus’ fin-| SM $436,081.50 in fire losses. In ad- ’ ; compiled laws of 1913, which prohibit i Seas becainn at janes ane te eet neve several other] Temcrance with: eld line companies : F ‘ tbonds except for money, labor done, ties this has. vanished. stories in mind for future pictures ‘Agents of the commission still in-| and I will start work on one of them sist that there are too many deer in| Tight after New Year's. There rum- q which join with the state in carrying : f | or money-or property. actually. re-\ J | heavy risks. f ceived, bonds issyed as ‘collateral se Tornado Premiums. Bring Revenue 3 . #8 | curity 4 i V4 Tornado premiums have produced en edie’, | are invalid. the Missouri river bottoms but the|0rs thay I am going to produce pic-! . revenue of $234,226.07 but losses ‘ ‘Appeal from the district court 6 commission has decided that in the| + ad’ are wrong. 1 will con-) } ve" PP eReT19. Rei : Mercer county, Hon, H. L. Berry’ event the season were declared t ifof my work in my*Holly-| have been only $2867.70, | Reinetne . J dk 1 aa ie ta esa F h: rel of event the season were declared open| SOO vi aig. nate of tornado ‘risks has cost. the : : > & Judge. ees javory s is of whole e for an existing indebtednes: ere would be too many hunters. .-| Chaplin. seems genuinely. relieved] state more than it paid in losses. The is $39,9 Sor f Opinion of the court by Birdzell owe fasiiamenotne tal ake at the settlement’ of his” troubles,/amount is $39,981.78. Interest on its : 1 y 5 ol in Minnesota this year the North) And he is mot the only one. The] daily, balances at the Bunk ot North | : 2. }eh, J. ee: in cool.a 5Zini orm, the recommendation, according to C.| “higher-ups” of filmland are felieved{ Dakota has netted the department A | ins. Golden Va'- " ; is) $87,032.81 and the amount received ae . ‘ ley,» for appellants All th y/) eed, Resgae iets Na eee Oe Nanea tn a Chaplin's threats to namef from reinsurance totals $59,224.68. ee : Mercer county, et al: O'Hare, Cox & e nourisi men goun 7 Hitinesota this year the commicsion| seven actresses co-reapondents} , Of ‘the huge balance $780,191.34 is 3 * Cox, Bismarck, N. D.. attorneys for Minnesota this year the commission | Mi soe Hollywood buzzing. It was| in cash, $14.10341 in bills recelvabte i : : | appellant; “Marshall Malaise, Lumber tire Northwest would pour into this|@enerally agreed that ing. Tt Hae] and $344,668.19 in premiums receiva- ; oe company; T, H, McEnroe, Fargo, N. i H would have been “bad for busii ble. : : é 5 | Dak., attorney for appellants Farr es nine acer.” Reena ine| for once scandal in “the mo The announced policy of S. A. Ols- : : : jand Quinn; and Conmy, Young and! ‘I vn world gets started no ness, state insurance commissione: i . ¢ Burnett, Fargo, N. Dak., attorneys for jena ill be brought up again! when or where it will stop. is to recommend that all insu S : : {Intervencr, Mary H. Anders. See ie toen seneen. hy 07 undo ot on public buildings be carried with- : ce | "Guger & Tillotson, Bismarck, N. D.,| out premium When the balance in the ie Se \ attorneys for respondent Dukota ‘ tion fund reaches $2,000,000. He believes ; * | ‘Trust company; and Sullivan, Han- The. commission also is planning that interest on the fund will then ‘ley & Sullivan, Mandan, N. D: torwatch closely the situation with be sufficient to pay all losses. Lita Grey Chaplin, reported as having*reached an amicable settle-| tornevs. for respondents Finch, Da vga: | | to pratt h ‘The state bonding fund shows a ment with her husband regarding a property division ‘and custody of | son, Von Hagen, Red Trail Transfer | These bird Miethed ve balance of $253,577.65, not counting| their children, is smiling and cheerfulledes snore: | company, Klein, Quick Print com-| pecially’ in the some claims now pending against it. | é | pany and Peterson. te, and a It has collected $459,915.40, In addi- aoe — : tion to $238,744.86 in cash it has ‘ FROM CA8s COUNTY $5,339.16 in accounts — receivable, | ‘ Joseph Steiskal, plaintiff and re- Establishment of U. S. De-| $8700.74 in_ bills receivable and the j : spondent vs D. C. Darrow, defendent om BA = Temaining net assets, are in minor and appellant ve lucation items. It has paid losses totaling ‘g 2 7 jy thoughout perimantsot it $54,642.89, $38,412.25 for reinsurance 1. In an action for damages under southern part of the stete last year and $10,648.56 for legal expenses in § oo the Death by Wrongful Act statute, and the seq: d snow which fell late contesting. ,gjsputed claims against Z S this spring throughout much of the the bondmegyupd, northern part of the state. After | Grand Forks, the drought the birds were more | Whether congre 4 avy ( J Have Your Shoes Resoled pientife in the northern part of the federal scatman S| r THE NEW WAY tat an elsewh re] te jestion to be pat nm year eS 2 state ution ‘indicates. tie, birds, hay: |BY high schoo! ore gel ny ak “ : : oe y f ing abandoned their pative haunts to in that activity, according to oe : A j find food. nouncements today by the e: % , The spring snaw found many on Bien aappries of the state unive: 5 and no the nest and hundi were killed or Put ne NOLE driven from the nest so that propa- in the Same CONDITION tion this season will be extremely Ih as when N' ; ’ ie : tauabishing a federal| Court Rules Hettinger Man Ladies’ aif sole, $1.10" Ityphoid-fever germa were which ‘will give| Could Collect Only For y ° ; Rubber heels. 40¢ as big as flies—you'd move {News Briefs ! SPE ait itke| Days Child Attended , a | ' when Fe ABW, 8, CRED ion of A. H.\Yoder, & a, The “Aasaclated Press) ale. ate et rode, director of 418 Broadway ‘The fact is, they are eo ie i ; : Special attention given to mail » AmecltMiigor Preania-|" "On the one side it is evident| Parents who are paid for trans , diet Angeles —Lieut, Ligor rrr ine | that the schools coat us more. tnan| porting their children to school can J ‘ orders Fa emall that a fy may carry Czar’s army, has filed a suit for di-| any other Social activity,” said Yo- collect-only for those days when Ss } ‘ % hundreds of th hi a trene Preston | def, “Also education concerna more| child actually is in attendance, the : é nothing of a dozen other 'y actress, Pres-| of the population than any other in. | Supreme court has held in a case ap- " - at his wife shot|terest. It seems, therefore, that it| Doe d from Hettinger county by) _ di $ Wide ‘ i kinds of danger. in'a domestic fray| should be recognized among the Theodore Monke. . ) Monke sought to compel the trus-| eg u : j Sedona! heer, commerce, ior, tes eee te, Siatrict ‘No. 3 40 Get rid of flies by putting reading: of in-'| agriculture, ete. The bill In the last It the school days in} : Tanglefoot Fly Paper or has mounted congress, pravided. for, federal super. th bs eee pantn : Ribbon to work. Your grocer He ia (sate tides F Lin N and druggist sal both. ass, although it had a great many) ojaing that thé supreme court economy, buy them by Views Are Divergent may exercise its right to refuse to Nay A the carton—they last in- Those eepohed to the iden con-| decide casés which it is asked to try ‘ ad: 4 definitely. ae sider the to the one for| anew without reference to a trial in 5 N 1 the control The lower court, the case of Blanche é A ‘Tux TANOLEFOOT Company Wilke ve. the “Merchants State bank : : , ‘ on of Richardton V. Stein has and beranzs| been rma ene: plaimeift appealed ey are opposed to further central-| 8 new ag? e plaint appeale “t ‘of Withortt in Washington. judgment of the | rt Bureau of Education, which in existence since just after | demanding trial de novo. War, has evi nd reac! Althe the ‘supreme court re- ts of i sibilities. fused to try the case itself it.held it of further expansion. that a new trial was necessary for in to create a position | the accomplishment of justice. ét for a secretary of ed- tment all the interests of the uty,‘ the women say, so they go them and are mnable to rec- ir-friends a ¢ te. fad very few are.to be seen|