The Bismarck Tribune Newspaper, August 23, 1927, Page 2

PAGE TWO ON HIGHWAYS | I$ FORBIDDEN Protrusions on Truck Wheels| Tear Up Road; Educational Work Planned ‘ducstion rather than force will be used by the state highway depart- ment in in effort to obtain obser- ¢ of the state laws this | cording to a statement issued ¢ today by J. J. Ermatinger, secre- erous instances of sons! tractors or other heavy ma- quipped with cleats, lugs and blocks have been called ‘to the attention of the highway commission Ermatinger said. All such persons at violating a new law passed last win ter for the protection of the high- vaysand are subject to arrest and shment, of attempting to enforce y by making arrests, however, the department has decided to ap- peal to the good sense and judgment vf tractor drivers, asking them to! obey the law and help keep the roads in good condition. Many Complaints Received “During the last month the depart- ment has received numerous com- plaints from i rolmen that tr: wors will sh. have driven op the q.ads und torn up the road- bed,” ao nger said. “The dam cularly heavy aft such circumstances rder to keep the roads in good ition. ‘The law prevents any a block, stud, flinge or rims from using the highway machinery, the tires of which do not injure the highway, is exempt. The use of chains of reasonable propor-* tions on motor vehicles to prevent skidding or sliding also is permitted. Farm mac y hag been construed to mean binders, mowers and similar instruments but does not include) tractors. ! “Violation of the law is punishable by a fine of not more than $100.00 or not more than 10 days imprison- ment for the first offense. For a second offense, within a year, the! punishment is a fine of not more THE BISM. ARCK TRIBUNE Some of the bewitching beauties coming to Bismarck with “Sensations of 1927” at the Auditorium, Saturday night, August 27th. This unusually beautiful group of girls are assembled from some cf America’s noted models, beauty contest | Mand Woman’s Curiosity Causes Arrest of 2; Larceny Is Charge The curiosity of a woman has sed the arrest of three men, charged with grand larceny tn con- nection with the theft worth of copper wi Hughes Electric compa Ulin men are Mie! Buchanan city and EB. were ar- esterday. It all happened when one of the men wrote h that he had found some old wire and*as soon as he sold it he would send her hulf the pro- ceeds. When the money didn't come, she wrote the superintendent of the Hughes plant at Glen Ullin asking him what her husband had done with the money he received from the old wire, The superintendent got busy nd found, he said, that the men had | stolen it, The men, charged with the theft, will appear before Justice J. E. Campbell Saturday, than $200.00 or a era net! Services Are Held more than 20 days. fense. the fine 1s not more than $500.00 or imprisonment for not more than six months. People Expected to Cooperate — “Of course, this department could enforce the law very stringently but; Wwe 1eel that most of the peop.e of sat and that jaw ana its true purpose they will co-operate with our department in ccoperate with our department in “he use of cleated machinery on our improved highways breaks throuen the road crust and tears up the roadbed in such a manner that it can not be maintained properly. In} due time the enttre road surface be- comes corrugated or “wash boarded.” A “wash boarded” road can only be puc in good condition by scaritying and.tearing up the whole road and ing the top surface. This in- wolves considerable expense. Ac- cordingly, we appeal to the public Fgjgmeral and the tractor owners especially not ta do anything to n- $erecthe roads. The highways are $waed by all the people of the state nd.are built and maintained for the 4 of all persons, farmers, city, lweflers, and car owners, as well as u owners, ‘ e@Bhjs department is preparing a ttle pamphlet which will be sent to men for distribution to tordrivers coming on the high so that they may know the law aes actor owner does not re cleats OF nratact the yond by placing a cyclinder over such cleats Secure not removable, his name will be forwarded to Bismarck headquar- terachy the patrolman. We will then| Fa special appeal to him to ob- berve the law in thé future. After! hhecteceives proper warning any per-! son found violating the law will) eer’ make his excuses to the} ” . Air Transport s¢Head to Confer | ...With Fargoans Fargo, N. D., Aug. 23. 3) ynch, president of the’ Chicago; Northwest Air Transport company of| Wilmington, Del., landed here today ter ronference with Fargo city,of: Zicials and executive board members f the Fargo Commercial Club and ergmauties Club, looking toward establishment of Fargo an the pro- posed Twin Cities-Seattle commercial air line, which it is planned to estab- lish next spring. = The conference will take place fednesday morning. Establishment of Fargo as a sta- fion on the line depends, Mr. Lynch daid, to some extent on facilities the ity has to offer in the way of an air- Porkeand other advantages. The aviator arrived here from De- $roit Lakes, Minn., and will remain; dm Fargo until after the arrival of) Colonel Charles A. Lindbergh, on| Erigays Additional Credit ; Meld Farmers’ Need the only remedy } the agricultural problem by B. chairman of the board ti oe gt the pe pean bad ¥ inge, in an ress be- feceotae: Inetivuts of Politics. rap Sorel ‘Sproles: fares rs dros ion one crop another rarily “profitable provided. no -apswer. = i ‘ it the eee res fort, Lod farm ‘ Joan -and -int k ‘be part of the for Nick Classen Funeral services for ,Classen, pioneer settler of the Glen Ullin vieinity who died Sunday at his home, were held at 9 a, m. Monday from the Glen Ullin Catholic church. Mr. Classen came to Glen Ullin in 1883, developing a ranch — property. Later, he opened a hardware store i an Ne ives for a few weeks before en-| i the University of Minnesota, WEEK-END GUESTS Mrs, John Pen this week-end her brot! d sister, Mr. and Mrs. H. G es, and family of Wahpeton, M. Regan and son arrived some time with: relatives in E. Minn...ia,a guest at the home of her! Mrs, Bernard S. eee | Supreme Court ecisions | From Meintosh County by his guardian Plaintiff and Appellant |". “The provision in a vs. t. Paul and Sault ilway Company, Ste Marie R a corporation, e Defendant and Respondent.' pay the same sum on the same day SYLL, ‘1, Where the plaintiff's evidence li in an action for damages in a per-!of the insured,” qualifies the other sonal injury action, shows no negli-! provisions in the paragraph, and un- xence on the part of ‘the defendant, der settled law for ‘the construction and does show, that the negligence of insurance policies, the insured is of the plaisiff was -the proximate entitled to recover the indemnity dur- gment of |ing the entire period of his disability, cause, of his injury, a jud; dismissal on. the merits, if error, winners, Broadway’s sho w-girls and art students. =—=® fat as their relations might affect '¢&———— | the testimony of the witness, even ‘though it may reflect on the defend- ant to his prejudice in the minds of the jurors, and such evidence can on-| ly be considered, for the purpose of determining the credibility of the witness, 2. Only errors of laws, specified | may ba considered on appeal. Appeal from the Distriet Court of | Ward County, Hon, Geo. H. *Moell- Judge. j FEURMED. | Opinion of the Court by Burke, J. | LJ. Palda, Jr, C. E. Brace, and | Robert W. ja, Minot, North Dako- ta, attorneys for Appel) nt. Geo, F, Shafer, Attorney General, 1. E, Jonnson, State’s Attorney, and R. Einkler, Special . Prosecutor, Minot, North Dakota, Attorney for | Respondent. % From Foster County. respondent, vs. Aetna Lue insurance leompany, a foreign corporation, de- fendant and appellant. j | 1, In an action on an insurance policy, when the record shows that the doctor who attended the in- sured, after an accident, correspond- ed with the insurance company, and reported the condition of the insured |to said company, such correspondence jand reports are sufficient proof ot injury to the insurance compat, aragraph, jin an insurance policy, viz: “Will! |pay to the life beneficiary the sum|:nd Fourth street as presented to the | |of ten dollars for each thousand dol-! lars ‘of the sum insured and will of every month thereafter during tae time, and during such disability whether it be for life, for years or i Glen Ullin which he operated for a} Without prejudice and will not be dis-/for months, and if he recovers his number of years, He ‘leaves, besides his widow, four, sons"and three daughters. The sons{ are John, Matt, Mike and Joe Clas: all of the Glen Ulin. vicinity Ywo daughters live in Chicago and a third in California, —_— | Personal, and | al News of | Mandan ‘Vicinity | ——_———4) VISITS! PARENTS HERE | felder arrived Sunday to spend three; s as the guest of her parents,/ . and Mrs. Anton Grunenfelder, For the past six weeks Miss Grunen-| felder has been attending Columbia university in New York. She will re- Heights, Panama, he is instructor of English inj the Junior high school. LEAVES FOR PARK Miss Eleanore Steinbach of Mill- ington, J., who has spent the past week the house guest of Mr. and Mrs. Nels Anderson, left Mond Yellowstone Park. She will Salt Lake City and Denver before re- urning home. Miss Steinbach is a former resident of Jamestown, { i TO LAKES Mr. and Mrs. J. H. Newton left Monday for Detroit Lukes, Minn., where they will spend several w Mr. and Mrs. Charles Heater of C eago will join them there, UNDERGOES OPERATION Mrs. John Barth of Mandan under- went an operation Monday at the Deaconess hospi TO ENTER UNIVERSITY Miss Bernice Rosen left today ‘for turbed on appeal. 2. Where the evidence conelusive- | ly shows that a person injured at a | rec railroad crossing must have seen an’ the it pprouching train if looking, his tes- {surance company not entitled to: such timony that he looked, and did not! premium under the policy. | See the train is legally incredible and een | will he disregarded. In an action for crossing, where the lence shows that he had a! Opinion of the court by Burke, | clear vision of the railroad track for judge. at least a quarter of a mile in the direction from which a train of cars N. D., attorneys for appellant. s coming; that he looked all the! driving from a point thirty from the railroad, until his team and spondent. «wagon were entirely inside a gate, that was five steps from the track, his team then being within a few feet | of the track, that he then turned 'to| look in the opposite direction, and | was at that instant struck with a! Bae comins: from the Hivecton he had_ previous! een looking, shows . p: ty He joreety psi Toarery on the part of /¢d New York in plane from Detroit on aintiff as to preclude a recov-_ ry. Appeal from the Distriet Court of MeIntosh County, Hon. McKenna, Judge. f the court by Burke, J. koff, Ashley, North Dako- utris & Remirg.on, Lisbon, | North Dakota, Attorneys for Appel- James Morris, Carrington, Dakota, Attorney for Respondent. From Ward County State of North Dakota, Plaintiff and Respondent. Defendant and Appellant. The state has the cross-examination to show the na- ture of the relations, tween a witness, and the accused, so ao ———EEEEUEa————~=—K=KKK{{]{]}{]{]@]V]U]]q][ ee ——————————__—————_—_—__S—— ESO | Bismarck Tribune Company — _ Job Printing Department | a .COMMERCIAL PRINTIN health the indemnity ceases. An insurance premium ‘tiay be ered, if paid during a year when ured was disabled, and the in- Appeal from judgment of the dis- trict court. of Foster county; ’North injury at a Dakota, Hon. Fred Jansonius, judge. Affirmed. Lawrence, Murphy & Nilles, Fargo, | je ee ry NEWS BRIEFS | Edward F, Schlee. Detioit, mer- chant, and Pilot William Brock reach- way to Harbor Grace, New Found- land, for hop across Atlantic on at- tempt ‘to reduce round-the-world flight record. Unfavorable winds hold monoplane Old Glory to earth in New York; Junkers planes Bremen and Europa {groomed for new transatlantic flight attempt at Dessau; Bernt Balchen at |Oslo, Norway, engages Lieutenant | Oskar Omdal for Byrd antarctic ex- pedition. Lawrence Ashley, explorer, and igeologist at Chattanooga, Tenn,, brands as “ridiculous” charge of of- ficials that he faked story of escape from Shellmound cave for publicity purposes. Los Angeles rooming hou: ers. continue hunt through debris after recovery of one body; five in- as such in a motion for a new trial, | James A. Wenstrom, plaintiff and | | jonal,, parking. system, the petitions |not-wlike parallel parking, the peti- tions said, and will drive aro block to park on a street where they} he, : ¢ may park at an angle rather than try in that direction, while he was Dakota, and Lemke & Weaver, Fargo,|to get into a parailel parking space.| iY, the Atlantic, steps North Dakota, attorneys ‘for | re- Cc. W. Burnham, Carringcon, North; jured taken to hospital. GA. SPECIALTY ‘Ww ‘Kinkajow’ Is Ne Dance This Season | New York, Aug. 23—(AP)— The “Kinkajou” is to-be the new dance for 1927-28, one thousand dancing masters of America in convention here have decided. An exhibition of the dance won them over to it and they vated down 17 other entries. Among them was the “Dixie Stomp,” a rafter-shaking importation (rom Cateago that caught second pice in the voting. Bracketed with the “Stomp” were the “Yankee Prance.” and the Lindbergh Wave Waltz.” Mrs. Edna Rothard Passapae of Newark, originator of the win- ning dance, described it as heing simply “a strut step, little ride steps, a’ twinkle step, heel point in half open “position, a right pivot turn in strut position and a left turn.” Parallel Parking Problem Discussed Pardllel parking ha’ been given a month’s tryout on two of Bisniarck’s husinest strects and has proved far from satisfactory, according to the opinion of proprietors of business in- stitutions located on Mair avenue city commission at its regular meet- ing Monday night. Fifteen of the | business men attended the meeting in person and several of them spoke before the commission, including Scott Cameron, C. E. Wingreene, Frank Clausen, Geo, Gussner, Fred Peterson and others, Supporting their contention that the new system of parking recently put into effect on those two thoroughfares is not popular, peti: tions were presented to the commis- sion, signed by almost every business man located on the two streets. The: petitions requested that the commii sion order the parallel parking abol- ished,.at once and return to the diag- onal ‘method of parking. Three times us many cars can be parked in each block under the diag- pointed out, and there is less chance for damaged fenders. Motorists do The business men contend that th are losing business for this reason, us people are inclined to trade at stores near where they park their cars, One member of the city commission was absent Monday night and th> other’ members decided to take the matter under advisement until their regular meeting next week, when’ a decision will be reached. ! Temperature and \ | . Road Conditions || (Mercury raadines af-7 a. m.) Bismarck—Cloudy, 49; roads good. St. Claud—Clear, 52; roads good. Minot—Partly cloudy, 38; roads good. 4 Winona—Clear, 65; roads good. Rochester—Clear, 60; roads «ood. Jamestown—Clear, 50; roads fair. Hibbing—Clear, 56; roads good. Mankato—Clear, 56; roads good. Fargo—Clear, 42; .roads good. Duluth—Clear, 55; roads good. Grand-Forks—Clear, 45; roads fair to good. Devils Lake — Clear, 40;. roads good. Manday—Partly cloudy, 43; roads| ; good, 7 weeks, hope is expressed by offi HAIL LOSSE - STILL CLIMB | 7,Number of Claims Will | Show Decrease Soon Although hail fossés throughout the state have been heavy in recent als of the state hail insurance depart- | ment that losses from now to the end | of the season will be comparatively light. Records of the department show \that few bad hail storms have oc- curred after August 20 in past years, Another factor is that the area of fields still in crop is considerably reduced because. of the harvest and that a hail storm now would do less damage than was ‘the case three weeks ayo. Over 2,000 Claims in’ Week During -the last’ week* 2,017 claims were reeeived by the state hail in- surance depattihent;' most of them re- sulting from' thé heavy’ storm of Au- gust 13 with some on the Mth, Only nine counties of the 53 in the’ state failed ‘to ‘report’ one.'or more losses and in these the area protected by the: stute insurance ‘is comparatively small, Counties which failed to ‘re- port hail during the week’ ending | August 19 wore Grand Forks, Ran- |som, Ramsey, Richland, Rolette, Sar- gent, Sioux, Towner and Trail.” ral ee led ‘the list, of losses vet of losses reported 'to the depart- ment’ this ‘sgason is 14,688, Burleigh. Has 28° Lonses two mentioned, 86, Billings 25, Bottineau 43, Bowman Cavalier 1, Dickey 11, Dunn 101, Eddy 57, Emmons 49, Foster 45, Gold- en Valley 63, Grant 9, Griggs 8, Het- Logan 115, McHenry 16, McIntosh 14, MeKenzie 25, MeLean 2, Mercer 4, Morton 17, Mountrail 14, Nelson 1, Oliver 5, Pembina 3, Pierce 104, Ren- ville 39, Sheridan 28, Slope 82, Stark Ward 26, Wells 115, —— | Flashesof Life | (By ‘The Associated Press) Shanghai —'Said Chang Tso-Lin, head of the Peking government, to “If you westerners are so ‘foolish ‘hat was Chang's answer to the sen- ator's plea that Mme Michael Boro- din, wife of the soviet adviser to the Hankow government, to spared. The senator argued that the execution would make the west regard Chang as a beast and a barbarian, London — Officis! figures show a decline in the birth rate in England and Wales, also that women are more agile than men in dodging auto- mobiles, fewer dying in traffic acc dents. ‘The birth rate for 1926 was und. the | at 17.3 per 100,000 population, the low- est since 1918. Colognc—The kaiser’s auto balks the Republican regime, That is w Otto Koennecke, who hopes to explains how he was tipped out of a hired car in which the kaiser fled to Holland and which later was sold. fication occasionally. The statue in “ity Hall park showing a husky male with a siren at his feet has been scrubbed with 25 pounds of soap. ball, Harvard and Princeton seem likely to have some mighty battles on the link. during the next few years. Eugene Homans, who _ is headed for Princeton, led in the first 18 holes of the national amateur with 72. Next came Phillips Finlay They are chums. Tokyo — Delegates at a_ recent scientific congress in Tokyo eyvi- | deneed considerable interest in the, ry ceded the present yellow race. Hokkaido, the race, called Tinos, Room 11 with Other ‘counties ‘in the with 162 and Williams was second northwestern yart' of ‘the ‘state ulso | reported ‘heavy losses. The ‘total nuni- | | | Losses ‘for, theweek ending August | , Barnes 13, Benson | 64, Burke 105, Burleigh 28, Cass 5, | tinger 37, Kidder 128, LaMoure 15, | 188, Steele 26, Stutsman 42, Walsh 2, | Senator Bingham of ‘Connecticut: ; about your women I will not execuse ; jher, but that's what she deserves.’ New York—Civie virtue needs puri-, Minneapolis — Regardless of foot- | with 74. He is going to Harvard. | STURDY OLD WHITE RACE IN| ORIEN? | munity can be sure of building cozy homes and at the same time'eave tons and tons.of fuel every win- ter. The lumber-dealers listed"below have made this possible. - Awondrous new build- pare now made a ese progres- sive dealers makes homes cozy and:cuts down fuel consumption one-fourth or more, It is-a house blan- ket called Balsam-Wool. Built into the walls and roof it stops the leakage of heat and the seeping in of cold. Furnace tending be- comes an easy night and morning chore, afte, dampness and subsequent colds and illness are re- duced. In summer it keeps theheat out. : Balsam- Wool is the pre- ferred insulation because it is flexible and securely tucks in the whole house against wintry blasts and creeping cold. It caulks all cracks and crevices. Write for booklet. Or better still, see one of the jisted. * « \ TUESDAY, AUGUST 84,4997 in of a. white race- now living in| The Tino is no taller than the Jap- Japan,' where it seems to-have pre- Isolated now on the ‘islands of has a manner of living and a’ lan- gauge which. show them to be de- scendants of primitive white: men. The Bismarck Building and Loan Cssociation has loaned over $1,500,000 on Bismarck homes during the last twenty-one years. The association always has funds on hand to assist in erect- img a new home or purchasing one already. brilt. Loans are repaid on the monthly plan the same as rent. 1f you are contemplating owning a home and need financial help, see your local association first. Bismarck Building and Loan Association SOOCS 9OS9OOG Balsam-Wool @ {it Tucks n@ Made by WOOD CONVERSION COMPANY, Cloquet, Minnesota : Ask these Dealers St. Hilaire Lumber Company Bismarck F.H. Company Bingenheimer Mercantile Company an but is heavier. His skin is white, though swarthy and his hair is thick and wavy. The eyes do not have the. Mongol slant. Some sciey- tists believe them to have come o: inally from Eerope, others associate them with the Polynesians. First National Bank Block