The Bismarck Tribune Newspaper, August 22, 1927, Page 2

PAGE TWO JUDGE HEARS “ARGUMENTS IN Material Question Is Whether Funds Are Legally Avail- able, He Says District Judge F ‘ed Jansonius to hi day took under consideration question of whether John should receive salary as secretary of the industrial commission for the month of July. : Arguments on the subject’ w presented this morning and at the ‘close Judge Jansonius commented that the only material question at iskue seemed to be whether funds to pay the salary are legally available. Gammons 1s asking a writ of man atmmms to compel the s\ board to approve Jary. William Langer, appearing for Gov ernor A. G. Sorlie and the auditing \ IE MALE NEVE HAS te auditing | payment of his Eboard, admitted that the governor's on in appointing Gilbert Seming- state bank examiner, to succeed | jammons as_ industrial commission secretary without pay was merely a sgesture. It wa: in peter that ghis services after 1. ?.. By vetoing the appropriation for his salary, Langer said, the gover- snor served constructive notice on ot be paid time. Gamimons that he would not be paid | ter July 1. and his appointment’ of mingson was merely additional no- tie made ‘with the intention of bringing the matter to a head. ‘Thorpe’s Contention Attacked 3 _ Langer attacked the contention of John Thorpe, special assistant attor- Y gen representing Gammons “and the state, that the balance of $13,000 remaining to the industrial zcommission’s credit is available to = pay the salary of the secretary. He g contended that it should have re- Sverted to the general fund in 19 * The fund in question is what remains g of $200,000 appropriated by the 1919 Elegislature for the uses of the in- dustrial commission under the § creating it The sec ct d major contention of the 2&2 6 THE BISMARCK TRIBUNE Fancies LEARNED LOVE SONGS AS MOST ARDENT WOCERS HAVE, AAD DROMS HIS COVE NOTES OA HOLLOW LIMSS ¢ RASSHOPPERS' FORM = ACARGE PARTOF THE ReQHEans i VAGCADED, BPAWondeceRco) LENGTH BS 10975 m. MARKINGS. H- (5 BELIEVED TO BE THE ONLY MEMBER WE OF THE EasiesT BIRDS COGMIZE OWING TO THE HEAD ANO SOLD BLACK AUD WHITE, series contains a provision to the payment of this note in full upon the date of its maturity all, of the re- maining unpaid notes of ‘this series, bearing date herewith, shall become due’ and payabl¢ at once,” the fail- ure to pay the first note on maturity rénders all of ,the’ subsequent’ notes due and payable and the purchaser of the same thereafter is a purchaser | of, past’ dae and dishonored paper. 2. Where a bank purchases a note before matirity, in due course of business, andes paynient therefor account tor the amount of the note but the sameis not checked out or { j otherwie’ paid to the payée until after the bank receives: notice of defense to the note, such bank is not extent than the amount that has been paid out. Under the foregoing ‘state of | facts, where the purchaser brings ac- tion upon the note and the maker den of proof is upon the purchaser to’ show how magh was actually checked out’ by thé payee before’ he can‘ recover upon the note. -Appeal from the district court of Grant county, Hon. Thos. H. ugh, judge. Reversed in part and affirmed in part, Opinion of the court by Burr, judge: Hyland & Foster of Bismarck, N. pellant. C.F. Kelsch of’ Mandan; N: D,, and Jacobsen & Murray of Mott, N. D., attorneys: for’ defendants’ and’ re- spondents: From Walsh County John J. O'Brien, plaintiff and re- spondent, vs. J. C. Penney company, a corporation, and N. Clausen, de- fendants and affpellants. yllabus: 1. | In an action'to recover the rea- sonable. value of seryices performed at the instance and’ request’ of the defendants, the record is examined, and for reasons’ stated: in the opin- ion, it is hel (a) That certain rulings on ques- tions of evidence, even if erroneous, were ‘not prejudicial, tb) That the evidence is suffi- cient to sustain the verdict of: the jury, Appeal from the district court: of Walsh county, Hon. A. G. Burr, judge. and from an order denying their mo- tion for judgment notwithstanding the verdict or for a new trial, the efiect that “upon fatture’ to” meet the: gives payee" ‘credit’ on his checking | a, holder in dae’ conrse to'a greater | substantiates his defense; the bur-| Da attorneys for: plaintiff and ‘ap: | From a- judgment for the plaintiff | | i Ce er many flyer, meeting for the first John. D.,.and Chamberlin a John D. Rockefeller and Clarence D. Chamberlin, New York-to-Ger- sary celebration at Owego, N. Y., Rockefeller’s birthplace. __, MONDAY, ‘AUGUST 29, 1997 CUR Beverly Hills, away his. a contest. The Marshfield, house. of Mra. time at the 100th charter anniver- Bismarck Ti | From Ward County Piper-Howe Lumber company, plaintiff. and respondent, vs. C. M. Padgett, ct al., defendants, Northern Trust company, a corporation, de- fendant and appellant. Syllabus: 1. Where a bond is given to the state under the provisions of ‘section 6832, Compiled Laws of 1913 and the Supplement, conditioned for the pay- ment of claims against the contractor Jon account of labor or materials fur- ished in and about the perform- nce of a contract for a public im- provement, any person having a claim against the contractor or subcon- ter said estate, the Supreme Court ferred upon it under tie provisions of section 86 of the Constitution, | will intervene to stay the proceed. | ings in the district court of this State, pending the determination of the bankruptcy: proceedings, in order to avoid possible conflict ‘of juris- diction. Application for restraining order! granted. Opinion of the court by Burr, J. | Parlors: Myrtle Point, Ore., a1 fat sandwich anda piece of pic. The other day she rece minding her of: the incident and. closing two $1 ‘bills in ‘approciation of her generosity. , VULCANIZING Tires and'Tubes; Oil snd Grease Auto Accessories Phone 944 ite Co, Next to First Guaranty’ Bank Plone 687-W Paut Campbell, of Minot, Atfor- ney for Petitioners. uu. W. Iwiford and: F. J. Funke, of Minot, Attorneys for Respondents. BECOMES. A STAR .—Thtee times 9- year-old “Charley Heck tried’ to give r was just an Tipper ornery little frish tertier that stole neighbors’ papers and dug up. neigh- bors’ gardens, sp nobody would take him from Charley. One day, just for fun, the boy sent:-Tipper's pleture to a screen magazine that was running pup won first prize and a chance to act in the movies, PAYS FOR HANDOUT. Ore. — Twenty ~ years ago a hobo’ sto ped at Rie at the Sarah Haughton of: nid was given a ed a letter rp- DR..R. S..ENGE Examination Free Lucas Bf. Bismarck, N. D Accessory & ” of this State, under the powers cot | eho: | W. E. Perry: MORTICIAN AND FUNERAL DIRECTOR 210 Fifth HE WOODPECKER FAMILY WHO STORES FOOD FOR THE RAWY DAYS at defendants appeal. Affirmed. that the clause in tl tractor may sue in his own name up- w ; industrial commission law common on the bond. H. C. DePuy of Grafton, attorney | the contractor, does not tect ‘Tiserpe contended that the 1919 'y on, y ‘actor, Ss prot one for plaintite and respondent, A 0: n _ Opinion of the court by Nuessle,! 2. It is held, for reasons, stated in ; Gullige tier concoval’st tHe teoerne | : Tema, ear Wiel i? Ge Lahiikes || Wicrs ina, Soto dtensalitiog’ aia] wee romremme Maen i nee, te fy ety = = << s i he guest of Miss Agnes ure, judge, being disqualified, did | who contrac! ‘or highway construc- before any orders of the commission | — Jones, former physical. instructor in | not participate, jtion work, conditioned for the per- con be effective and that the gover. | |the Mandan high, school. Miss Jonex| Cuthbert & Adamson of Devils|formance of labor or services and t 2 Nor had 1 to order payment of jreturned with Miss Hunke to visit |Lake, attorneys for. defendants and| payment of the wages of laborers, *¢ammons! salary from the balance in an an e WS theres fon altew/aigor appellants, and for material to be furnished by 4 PFopriation was a continuing wp- | 42. HAVE A SON \ ( 4 os i A son was born Friday to‘Mr. and i 4 = propriation and cited the law: to show | oan 1... rota’ Guigsd-Couinty j tion and’ repair of equipment. | F that it was made “to carry out” the | : Trainers. The training school got a ees ‘Albert Chester of this’ city. watt : Nepekl fond thd discaer cebe od purposes of the act without time | hits to six for Center. —— ig | Bee Otren; Hea Ward county, Hon. Geo. H. Moellring, limitation. Appropriations not in- | Se COURT | ae if PlathGiffs and Appeflants. | ; tended to be continuing appropria | SUPREME ! va. dge. GS amr ju + tions, he said, ure made for-a spe ’ , Personal and | Seval Friswold, Executor of | Reversed and remanded. Be riod. He cited varia appro- | DATE CHO K ates 1 N . of E RR the Estate of L. 0. Stai, also jation laws to show the difference Soc ‘rom Burleig! ni 5 Bephraseology used by the legisla-| 1a. ew! Ward county, a municipal “corpora- of furnishing material to the contractor to’ be used merely for the construc- IS JUSTIFIED BY EVERY Opinion of the eourt by! Birdzell, known as Lauritz 0. Stai, et al, chief just oomlopm Mandan Vicinity | sion. ond'A"S" spichey ay short 91 SYLLABUS: Robert W. Palda, Minot, N. D., at- Defendants and Respondents. pi J- Falda, Jr, C. E. Brace and ‘ard county, North Dakota, plain-| 1. In a proceeding brought to con-|‘°™neys for appellant. | Slepe Tcurnament to Be Sept. C4 | War McGee & Goss, Minot, N. D., at- : ids Used for Other Purposes , {tiffs and appellants, vs. L. R. Baird,| test the probate of a will on the : : 4 = ptpe’ offered in evidence .a list | RETURNS FROM TRIP jas receiver of the American. State | gteunds,. first, of improper execu-|°Fmeys for respondent, + Showing the money dewey by the) MMs M1,. 125.\Mapy to | yo, Handtmann, Jr. returned | Bank” of Burlington, North Dakota,{ tien, and second, of undue, influence, Original : 4 2 from the industrial * s i Sunday evening from a week's trip to | 4efendant and respondent, and,,Ward | the evidence is examined and held to StaistoeNaeenan i Rates. $2. Per e ion’: fund to pay his. traveling, Take Part the Twin Cities and Fargo, where he |County, a political corporation, and | establish the due execution of the) State of North Dakota, ex rel Eugene Day: and Up : s and other data showing Sislted tients: jA. S. Spicher, as sheriff of Ward | will; also, that it does not tend sub-| Friend and Mervin Marks, Co- Et&pe the fund had been used to pay Tha’ first antial Misspuetestone| caeneed \county, North’ Dakota, plaintiffs and} a lly’ to prove that undue ip- edie. Re cent and Marks, Visit Our Fisme Room 3 bdition, he said, the auditing board [tennis tournament. will be stuzed. at SIS S Ree |celver of the State Bank of ierthelg,| the testator to the poist. where hie v : ON SEVENTH ST. BETWEEN NICOLLET & HENNEPIN1- * tigrred itself from contending that | Mandan Bihan ee meer ta Miss Monica Kupper returned. Fri Berthold, North Dakota, defendant | act in executing the will: could be} The District Court of the Fifth Ju- Saat 2 the abd is not available to pay Gam. jinnounced Saturcay by) John Sakar- | day roe cinta She Vicitad relatives | 8nd respondent. said not to be his free and voluntary) ‘icial District in and for the salary by ordering the payment from it of his salary for the first [is club and ; week in July. Gammons had served BAe 8 b Par F one‘week in July before the governor | The contest will be the first re- ennis Syllabus: act: County of Ward and State of North Section 2115, 1913 Compiled} 2 Under Section: 5649, Compiled Pe hhssieg et al, Responaents. |Laws, as amended: by chapters. 61,| Laws of 1913, a will is properly ex-| Syila raat |S. L.. 1917 and 299, S, L. 1928; ecuted if it is subscribed in the! 7 ere, member of the tourney and friends in Portland, Salem and Greenacres, Oregon. TO FORSYTH distri@ court of this} GOLDEN : ;|in the District Court of the United ' : 4 has | tinues to adjudicate claims, authorize miltead on! motion’ of ‘the dstshdtata'|.,Sonditures and otherwise adminier Chapter 133, Laws. of upplement to the} 918, the error, it without prejudice’ where’ the evidence is suchas to require judg- ment for the defendants. Appeal from the ‘District Court of County, Hon. A: T. Cole, RMED, ; pi ion of the court by Birdzcll, Ch. J. (chapters 61, S, L.-1917 and 299, 1923, | providing: that any solvent. bank or bt Ree ‘loan and’ trust company may, upon VISIT BAD LANDS ‘i Mr. and Mrs. D, C. Mohr and their Wiltten request of, its cashier or gtracts. To interpret the clause to] #t 7:30 p. m. : relatives. F mean that the governor must ap-|, Challenge cups are being put up ; Pfove every action of the commission for the winners of the singles and 3 would be out of harmony with legal |ubles events. attorney and not submitted: to i announced the appointment of Sem-, 20! is _meet tobe. held in ; lati resence of the attedting witnesses. State has assumed jurisdiction over} i § ingson to serve without solar ta his | Mandan. Tennis championships of | Miss Margaret Barry left Saturday | Inga Sand: teast, compaaioee abe | cetepepowiedeed te tae perce ani tueienipte ofan. alleged insolvent | i F pines. the Missouri Slape region in the win-/for Foreyth, Mpnt, where she. will jac. a gay gm chutes of chet’ taii allen at hace Lawa! maie by him or| debtor, and thereafter proceedings DRY s Bismarck Phone 288 The industrial commission law |#!¢s and doubles classes will be de- visit for some time. jlonging to the stockholders and not| by his authority, the testator at the pave Heo commenced in the District Sadia: - | Zdoes not give the governor the veto {termined by the matches, ; ee |# tax on capital stock or assets, the] time declaring: to the attesting wit-) Court of the United States under the CLEANING Mandan 96 t power over acts of the industrial}. Twenty entries had been received RETURN. HOME property of the cotporation. nésses that the instrument is his| National Bankruptcy Law to have H commission, Thorpe said, pointing |f0T the tourney Saturday. It v Mrs. Lee Nichols and son Donald |""g’" Paragraph 6 of section 2115,| will and the witnesses signing in his|Uch debtor declared a bankrup%, and ; Zout that in practice this power has |De wm all-amateur mect. The closing have returned from Dickinson, where | 1913 Compiled Laws, as amended by | presence and at his request. {while such proceedings are pending | ‘been applied only to written con. | ate for entries will be Friday, Sept. they spent the past 10 days with 7 t 4 * precedent and would serve to make ary Mean ee te eonrsat: Seneley Towa, | he’ assenanetiat cpaieet ita stock. | 1921; See i gene, tne remaining members of the Meidé Proves Star W 10 pending a few days on OtOT MpHory cApESMRIAALA AS ate iod: 2126, | Comtedied Lows tiofind citing cases to prove it, he efeats Center Nine _M™. 2nd Mrs. J. W. Hintgen have | thereon may be paid ae tee ot said, and charged the defense with Pepuries fant ately to custern mar-| penses of the’ bank or loan and trust uation” by attempting tomontible sit-| The state training school nine won to-wear store ‘im this ite, aay toe oaeantsae ce Netaeet ae ae g industrial commission law to sive |at center tetdtts tite enee ounday drove to Cleveland and continued | stockholders in peyibn thea ts enter. spite as ir tri y 7 , cp ebagied an shaints rete, power |feature of the ae ‘aia ia iS Siento Pee Sungai: ete. ithe taxing authorities in’ col- Seamer ae ‘ions. Jeame to bat he proved RETURNS FROM MINNEAPOLIS |!ecting it, by enfabling the’ bank to his hitting Appell 7 rd i ss by clouting out a three-bag-| Miss Ruth Hunke h a | oct as the voluntary agent of the f ants. Judge Jansonius said hi 1 prowess. by i ee-bag-| | Miss Ruth Hunke has returned | stoop ; 3 ‘amin Tufte, Cooperstown; N. see ae ‘consideration, wiving /eeT 2 from Minneapolis, where she spent |{rockholders for the purpose’ of pay-| Be Pendent ing the tax, and does not’ contem- — | plate that the tax so assessed shall ch saved the day for the s i Pare . . b Vanzetti’s Sister in Parade saots-of the corporation | °F Dak., Attorneys for Respondents. special attention to the question of | ——— tie fia the. 1919 appropriation is still). qvailable or whether it ‘should ‘Rava ;reverted tothe general fund in as Both Thorpeand Langer were & time’ i hich to file written = briefs and ‘a ulation as to facts was entered”'in order to have the record in shape for appeal to the me court should either side de- Gide to take such action after the Sdistrict court decision is rendered. An amusing point was brought to From McHenry Couity ‘ assets of the corporation. Albert Weber, plaintiff and appel- y ‘ 3. ‘Section 2117, 1913 Compiled D. J. O'Connell, defendant ae 2 tinct Schecter! S s we| fe WE appreciate the business rein chested ener | thar'vethe: aage official ballpt. which ° ’ a ioe ogi at | ak eases er nteio - which you are entrusting to our care. It is our utmost de- ‘size always to serve you well ---to give our-castomers every consideration andevery ounce of réal service. : ry chaptet! by the official s! is a‘lien upon be void’ the dividends, capital stock and : assets belonging to the stockholders it Bans ayaten tee , thereof, that is, upon the distributable ballot. box pur § ta jal hearing when’ Thorpe int ‘ 2 F assets of the bank. ant to section’ 1001, Compiled Laws ; formed Langer that the latter, while ; : avine ee eg hjtank Durauant to the | 19Ue-aad whake saeh- sbsane_voter ptermer general, had given an opin- z j vrovisions: of paragraph 5 of section | batlags“are not so indorsed they are ion which held that the 1919 appro- 2115, 1918 Compiled Laws, amended, | Vo ‘Frome the: dieteia priation was a continuing one and did yoluntarily ‘assumes to) act as the county, Hon WS) inecs not, lapse at the end of the biennial | Peribcd ag eganetnelders, for: the | MeRaaia, comely, Bee. Wd: Ruse, “ period’ in which it was’ niade. Purpose of paying: their taxes, ‘the | shaw, ; er ligation thereby arial a Judgement: for defendant, plaintitt or . "Givernor Meets With’ cea rasa arc | eet Fact Finding Group appebls.... ; assets that -it may hold belonging to i ind remanded with direc- 's, and Jf the bank’ be- aves. bat sonia, insolvent ‘and’ thei no ; Syste ‘of .the court. by- Nuessle, ‘ji istribut assets, collection of | iu ~ ¢ Sage §__ Grand Forks, N. D.,. Aug. 22. — * ak: " ‘1 » did 4 Governor A. G. Sorlic ‘wasin seston pe Di ain anterend Pon Gio nen with’ members of the state mill and ep dieg receive! bank: or ont! elevator fact finding ‘committee here "App i Senator D: H. “Hamiltén of Me-|- ’ 9699955999669 county, Piet court special judge, ne Me of tesotneee, "Sanng corporal’ tc sessed. - reese Prep tiy magord Ee geeidigd heleg gr ogbie SA ESAS 2 ACAD PAR ae Meee ToT aan Ne TEES