The Bismarck Tribune Newspaper, August 26, 1927, Page 7

lt I Ee COT ae] FRIDAY, AUGUST 26, 1997 WHEAT PRIGRS CLOSE STRONG Best Prices Made in Late ‘Trade Today—Corn and Oats Follow Wheat go, Aug. 26.—<—Absence of presstre coupled with support from houses with export connections confined to dips sei to keep wheat i her ground throughout be vices made in the late rade. though exceeding 1,000,000.bi wheat. Corn and oats wheat. Wheat closed strong at~a net gain of 1% to 1% cents; corn advanced 1 to 1% cents; oats were % to % cent higher, and provisions unchanged to 10 cents rise. Farmers are expecting between 30 to 40 bushels of wheat per acre if frost is delayed another 10 da: i the territory between Calgary Red Deer, Alberta; according to ad- vices current today. The crop, al- though late, is very good. Rain t day, along with cooler weather, unfavorable for the ripe rai but indications point to more favor- able conditions. The crops in the three prairie provinces are maturing rapidly, with cutting already started and should be general next week, according to a re- port from the Bank of Montrei Considerable lodging of grain h occurred, especially in Alberta, tl statement says, while frost and rust are reported from sections in Sas- katchewan and Manitaba. About 90 per cent of the crop be- tween Aberdeen, S. D., and James- town, N. D., is durum, all matured and nearly all harvested, with little black rust damage, according to an expert at Aberdeen. The average per a there, he said, will be 15 bush- el followed ‘old nights recently have held back the growth of corn, according to Minneapolis advices. ‘There have been good rains which will benefit the crop but several days of warm weather are necessary to mature part of it, the balance being so late that there is no hope for‘ it. at all, except to use for silage. WHEAT CLOSES HIGHER ON MILL CITY MARKET Minneapolis, Aug. 26.—(P}—Wheat, developed a strong tone late in day's session, and finished 1%@1' cents up for the day. Oats were firm and quiet. Barley futures were easy on a light trade. Export demand continued good for rye and futures advanced 1% cents. Weakness again prevailed seed, hedging sales making a quiet Cash wheat gen changed trading di mand continued spotte fancy was in good di Medium quality w: demand. High moisture and weights were rather slow. > Winter wheat was firm, ordinary quality in better demand. Durum was in better demand, with a little buying to go to Duluth. Corn was in fair to good demand and the basis was steady. Oats were steady with a fair to good demand, and large offerings. Rye was unchanged. Barley w: changed price: cents, Flaxseed offerings were larger and demand was fair. Trading basis was steady. in fair to good light CHICAGO LIVESTOCK Chicago, Aug. 26.—(P)}—(U. A.)—Hogs, 14,000; rly better grades’ and packing strong to 15 cents higher; qu: considered; pigs, and Bras light lights practically unsalabl few early;transactions on these found 15 ‘cents lower; early top 10.86; best 170 to 190 pound premeges held high- er; bulk good and cho! Pounds 10.50@10.85; » 220 to 250 Pounds 9.90@10.50; 260 to 300 pounds 9.25@9.90; ‘bulk of packing sows 7.90 @8.35; lightweights upward to 8.60 most pigs 7.50@8.25:_heavyweigh' hogs 8.85@10.15; medium 9.50@10.80; lights 9.40@10.85; light lights 8.25@ 10.8 ii 7.50@8.60 Packing @8. slaughter pigs 7.25@8.75. ; Cattle, 2,000; fed steers nominal stead: hi slow; stalene i bulls: week vealers un- lew loads grassy and short e .75@11.25; choice fed kinds: absent; stockers and feeders 8,25; most natives and Srigrass cows 7.50 down- with cutters at 4.65@5.50 véalers 14,00@14.50. fat lambs 15@25 fairly ac- of cS activ slow; Th tive at decline; early nf to choice range lambs at 1 3.505 aix doubles around 85 pound Califor nias with a deck out at inside pri ing below 13.00 on good rangers: most native lambs moderately sorted 12.75@13.00; selected _ kin around 13.25; culls 8.50@9.50; she weak to 25 cents lower; ewes 6. @7.00; feeding lambs unchanged; bulk of good medium weight lambs early at 13.00@13.25; choice lightweights eligible up to 13.75, scare 80. ST. PAUL LIVESTCOK South St. Paul, Aug. 26.—(P)—(' B.D. of A.)—Cattle, 1,000; all classes “ fominally st three cars year- : eg teers 13.50; ‘less finished Kinds 13.00 down; few odd lots grassers 50; fat she stock mostly bp Hy cutters 4.35@4.7 medium grade bulls 6.25; few 6.50; stockers and feeders. unchanged 6.50 Ives, 1, 3 vealers around 50 lower, mostly 13.00. 0: Hogs, 4,000; rong to 15 hd 1040; CHICAGO PRODUCE — ‘Aug. 26. — () — Butter, tubs; srvenen in flax-! ec 160 to 200} cl esr Ago Open eK 141% Wheat— 133% iE ae Dec. 5 ec. @% March Corn— Sept. Dec. March Oats— Sept. Dec. t March Rye— Sept. eves ‘B2% 28% 1.00% 1.06% 12.70 @iz 12.82 11.67 11.80 ~ 13.25 13.4 96% Dec. 101 March Lard— Sept. 15.00 15.15 14.25 14.00 17.60 47.12 Oct. Ribs— Sept. ‘1.38% 142% 145% 141 11h 1.15% 1.18% 46% 50% 53% 20% 1.01% 1.06% 12.75 12.87 1.04 12.72 12.85 13.25 2" 13.40 13.22 13.37 14a \ 1.00% 114 117% A 49% 50% 52% @ 38! 1.00% 137% 1.38% ° % 1.42% @% 145% 1AL% % 1.16% Les @n A6b 53% 99% @% 1.01% 1.05% 12.75 \ 12.87 11.75 11.90 13.25 13.40 % % Me 1.65@1.76; New Jersey ‘sacked Irish Cobblers 150 round sacks 3.40@3.50; Nebraska sacked: Irish Cobblors. 1.80 @2.00; Wisconsin sacked Cobblers 1.85@2.00; Colorado sacked triumphs 2:10; Utah sacked triumphs 190@ 220; Minnesota sacked early Qhios 1.50@1.60; Idaho sacked cobbiers 1.90 @1 Minneapolis, Aug. 26—(7)—(U. S. D. of A.)—Potatoes: Moderate wire inqui demand moderate; market slightly weaker; carloads delivered sales freight only deducted Minne- Japolis and St. Paul rate sacked cwt, early Ohios partly mestly 1.21 @1.35; few hich as E.4p." 0° PRICE MOVES MIXED TODAY U. S. Steel,. General Motors and Electric Establish New York, lishment of new United Sta movements in today’s stock market. Spectacular bidding up of the “pivotal industrials and a| lect assortment of specialties con- tinued to monopolize speculative in-|1 jterest although renewed weakness j developed in the oil shares and some lof the public utilities. Tri 1 again in large volume. Banks called about $15,000,000 in, 1 |but there appeared to be plenty of funds available at the renewal fig- ure of 3% per cent, Wall street was agreeably surprised by the drop of [more than $20,000,000 in federal re- jserve brokers’ loans | Publication of the pamphlet report of the General Motors corporation,| -|snowing a record breaking earnings the first six months and read circulation of a private anal — Sqrocass of a com- 4 any’s earnings and prospects, Mated the demand for the old which advanced close to the : level. The new stock crossed 125. 3 Despite predictions of a drop in Aug-;3 ust unfilled orders of the United 1 States Steel corporation, steel com- +mon advanced to a new peak at 141,/1 on buying infl of a quickening demand from the a |fomotive industry when the unce | tainty regarding the new Ford car ‘cleared up. TI Electric was based, in for on the and coarse grai today follow: nced by predictions e 1H rd. MINNEAPOLIS RANGE ug. 2 Open High 1.364% 1.37% 141 143% 21% 34% 44% Wheat— Sept. Dec. AT 2.21% 2.23% 2.25 3 13 2.23% 2.25% 3, 3 Low 1.36% 1.39% 1.42% Close 1.37% 1.40% 1.43% 1% 94% 44% AT 2.21 2.22% 2.25% 12% 72% ‘1 %. 2.20% 2.22% 2.24% 72) 72 DULUTH RANGE 1.32 1.33% 1.30 1.31% 1.29%. 1.30% 24% 95% Bin 27% 2.26 2.26% 227 2.27 Dec. 2.28 2.28 1.31% 1.29% 1.29 04% 95% 224% 2.25 2.26% 227% INNNEAPOLIS CASH CLOSE Minneapol ‘Aug. 26.—(%)—Wheat receipts today 499 compared to. 345 Minneapolis cash wheat Hard Spring, fancy onta To arriv re’. D.N. S., fancy Mont. : To arrive Nard Spring. To arrive D.N. S., gd to fancy To arrive D. N.-S., ch to fancy » gd to choice . N.S, ord to good Dark Northern To arri closing quotations 1.57% @1.63% ela 1.55% 1.41% @1.55% 140% @1.49% 1.89% @1.48% % @1.53% 143% @1.46% 1.39% @1.43% 1.38%@ ... 1.38% @1.43% 1.37: 1.46% @1.50% N. 8., gd to choice D. N.S. ord to good Northern .......... S., ch to fancy N.S, gd to choice D, N.S, ord to good Northern 1.41% @1.44% Heres 1.41% Dark Hard (Mont.). 1 To arrive Hard (Mont.). in. & To arrive To arrive | unexpected retirement of the com-,Fancy 1 Amber Durum pany s special stock. 1 Violent advances took place in sev-, Fancy 2 Amber Duru 1 Amber Durum.... Scared") points, the “AY tock 16 soa! points, “A” si | gommeretal solvents. “B” 16% and S./1 . Kress, 15. Atchison sold down three point: President Storey’s statement that the 2 consideration of stock dividends is 3 as far off as ever. C¥esapeake & 3 Ohio duplicated its record high of 1 196 and modetate gains were recorded {by some of the other high priced car- - riers. . Pan American were again’ heavily sold. Pierce Arrgw pre- 3 ferred broke feur pointy and Radio| Corporation sold down two in the 4 early afternoon. The closing was steong. Fresh brought out on a large scale buyi good| in’ United States Steel, General Mo- tors and General Electric, all of: whish eeli their previous - best figu: accumulation’ also was ay in al ‘one Pe 9 ler, Wool- Bas ind many “ther well known |Detianing’ lost an early’ gain of 20 etinni ints, Total sales. approximated 200,000 shares. . I Ne: "Ne. No. lo. fo. | No. Not jo. 1 rye Barley . {Oats . oH Speltz, per ewt. One cent pound discount un- der 55 lb. ear corn, 70 Ibs., five cents | ¢, jer shell. 3, 56 lbs. or more.. Ibs. 1.97; No. 2 yel- © 47%@W; No. 3 To arrive .. To arrive To arrive-.... 2 Amber Durum Amber Durum. Durum . Red Durum To arrive Yellow corn. To arrive 1.53% 1.34% @1.53% 1, buying of General Minn. & S. D., 1 Hard 4 % | ers. THE BISMARCK TRIBUNE — +-——_____ =e | SUPREME COURT | From Ransom County Elliott School District No. 23, Elli- ott, North Dakota, Plaintiff and Re- spondent ys O. M, Gorder, Defendant and Appellant. transferred foriystive shares’ of bask Transfer} 01 ve ares an! stock to the defend: O. M. Gorder, and the evidence in this action by a creditor, against O. M. Gorder, fully Sustains the findings and conclusions of the trial court, that the sale of said bank stock waa fraudulent with- out consideration and with intent to defraud the creditors of the said H. P. Holen. 2. In an action against a fraudulent transferee, who took the property fraudulently sold, outside of the jurisdiction of the court, where it could not be reached by execution, or on supplementary proceeding and retained the same until it b came entirely worthless, the plaintiff creditor is entitled to a judgment for its value. 3. Evidence examined, and held in- sufficient to sustain the value placed on bank stock, fraudulently sh , by the trial court. Appeal from the District Court of old gd county, Hon. » E> Wolfe, je, Reversed. Burke, J. Chas. S. Ego, Lisbon, North Dakota, attorney for respondent. Opinion of the Court by Kvello, Adams & Rourke, Lisbon,) North Dakota, Attorneys for Appel- From Richland County Ermine Kilby, stockholder of the Movius Land & Loan Company, a ion, suing in behalf of her- self and all other stockholders who may come in and contribute to the Loan Co., a corporation, et al, De- fendants and Appellents. Syllabus: 1, Attorney fees are not recoverable in an action unless ex- pressly authorized by law. Appeal from the District Court of Richland “County, Hon. Geo. M. Mc- Kenna, Judge. Modified and affirmed. Opinion of the Court by Burke, J. Lauder & Lauder, Purcell & Heder, Wahpeton, North Dakota, Attorneys for Appellants. M. A. Hildreth, Fargo, North Da- kota, Attorney for Respondents. From Cass County H. B. Fuller, Plaintiff and Respond- ent, vs Walter Reed, ct al, Defend- ants and Appellants. Syllabus: The inference that an officer of a voluntary non-profit as: sociation who enters into a contract on behalf of the association, binds himself individually is ordinarily one of fact; and it does not follow a matter of law, in any case or in every case, that the officer of a voluntary, unincorporated, non-profit association becomes liable as an in- dividual upon a contract which he makes with a third person in behalf of the association. And where such officer contracts solely as a repre- sentative of the association, and ex- pressly stipulates that he is not to be bound individually, and that the other contracting party shall receive —— only out of funds received yy the association from membership dues, the officer is not individually liable upon the tontract. Appeal from the district court of Cass County, Cole, Judge. The de- fendants Waiter Reed, A. J. McInnes, John Dawson, John Strauss and Franklin Paige, appeal from a judg+ ment in favor ‘of the plaintiff. Reversed i | Bismarck, partly gravel, good. ts sher L. Burdick, Far-o, N. D., Attorney for Plaintiff and Respond- ent. Mr. Justice Burke, being disquali- fied, did not participate. From Divide County Bellingham State Bank of Belling- ham, Minnesota, a foreign corpora- tion, Plaintiff and Appellant, vs Jack McCormick, as administrator of the Estate of Ella F. McCormick, D Syllabus: 1. The county court no power to open, vacate or modify its decrees or orders except for the causes atl at the time i power of. the county court to open, vacate or modify its decrees or ord- Section 8595, 8596 and 8597, C. L, 1913, prescribe the for which and the time and manner in which this authority and power must be exercised. Appeal from the district court of Divide County, Hon. John C. Lowe Judge. ; From an order of the district court affirming an order of the count; court denying the plstslts's appli- ion to vacate a fi plaintiff appe: Affirmed. Qpinion of the Court by of Crosby, and L. J. C..E. Brace and Robert W. ‘of Minot, Attorneys for Ap- pellant. George P. Homnes, of Crosby, At- torney for Respondent. From Burleigh County State of North Dakota doing busi- ae ee. bogey ped Dakota, a nt for Treasurer the State of North Dakota, and C. x Fisher T Stat reasurer of the State of North Dakota te the State of North Dakota, Plaintiffs Hiants, vs A. A. Olsness, Commissioner -of Insurance of the State of North Dakota, Defendant and Respondent. Syllabus: 1. The insurance pro- vided for by the state hail insurance lay. section 189b1-189b30, ment to the 1913 Compiled Laws, net apply automat demnit inst Vv Olase: vig a 2 Qne wh 5 land. advers: fo cet by listing the Snr cee cul sone 1. A .50@8.00:; 26.- 3, In-carload ents. gl at 7.75@ eae pecs sete BORES 5 CHICA! PE ny ri 85 3 provisions of ance law effect insurance tition for mandamus. From sa r sustaining a demurrer to tee al the] i nd nting a motion alte ve writ, pa 2, med Opinion of the Court "pH i sr, of Bismarck; Attot, 7 ‘A Gene: Thorpe, Assistant Attorney ‘A. deed absolute on ite] may-be shown. to be a mortgage, inal decree, the| be as trustee for| tiff: Supple: to pl loes filing of an amended complaint Hh wah not be disturbed when it ap- She Just Turned ‘Her Back Miss Virginia Parent turned her ; back on the judges and wor Sounds odd—but, you see, Virginia wa atnU te Los Angeles by the National Progr members of which were trying to find a girl after one look at Virginia, they de ae indemnity the premiums paid. will purchase in such occupation. Appeal from the District Court of Morton County, Hon. H. L. Berry, Judge. MODIFIED AND AFFIRMED. Opinion of the Court by Burke, J. W. H. Stutsman, Mandan, N. D., At- torney for Defendant and Appellant. Sullivan, Hanley & Sulivan, Man- dan, N. D., Attorneys for Plaintiff and Respondent. From Grant County C. A. Finch Lumber Company, a corporation, plaintiff, and appellant, vs Gottfried Weishaar, Defendant and Respondent, Syllabus: 1. “The mutual rights and obligations of the parties to a j written contract at purchase and sale of real estate may be waived and the contract annulled and extinguished ; by parol.” Mahon V. Leech, 11 N. D. 181, 90 N. W. 807 2, Where a contract for the sale and purchase of land is rescinded and cancelled and the land is taken back by. the vendor, no recovery can be had by him on account of the uhpaid purchase price or any part thereof; jand where notes have been given for ; such purchase price the consideration for the notes fails. 3. Where title to real property is jreserved in the vendor as security for the purchase price the subsequent tuking of a note with other security does not of itself operate as a waiver jof the vendor's right to his security jon the land in the absence of an agreement that it shall do so. 4. A note given for an antecedent ‘debt does not discharge the debt un- less so agreed and ‘in the absence of sumption is to the contrary. 5. The record examined and hejd, the evidence is sufficient to sustain ‘the verdict as returned by the jury. Appeal from the district court of }/Grant County, Hon, Thos, H. Pugh, | Judge. {| Action on a promissory note.- From ‘a judgment for the defendant and |from an order denying its motion for ja new trial or for judgment notwith- | standing the verdict, the plaintiff | appeals. Affirmed. Opinion of the Court by | Nuessle, J. Hutchinson & Lynch, of LaMoure, Attorneys for Appellant. Japobsen & Murry, of Mott, /At- torneys for Respondent. NAVAL EXPERTS sive ion, And| _DREADNAUGHTS soci: h a perfect back. ded she was it. NORTH DAKOTA ROAD BULLETIN ‘New Type of British Ship Issued Weekly By The North Dakota Department of State Highways U, S. No. 2—Grand Forks to Lari- more, mostly gravel, good. Larimore to Rugby, gravel, good. Rugby to Granville, earth, good. Granville to Berthold, mostly gravel, good. Berth- old to Minot, Williston and Montana state line, earth, fair, Detour Town- er to Denbigh. U. S. No. 10—Fargo to Jamestown, gravel, Jamestown to Crystal Springs, partly gravel, good. Under construction at Crystal Springs. Crys- tal Springs to Steele, earth, good. Steele to Driscoll under construction. Detour at Driscoll. Driscoll to Ster- ling, fair. Under gravel constr Sterling to McKenzie McKenzie, to C= tour at Bismarck. Bismarck to Man- dan, paved, Mandan to Glen Ullin, earth, fair. Glen Ullin to Hebron, earth, good. Hebron to Dickinson, earth, fair. Dickinson to Belfield, earth, fair. Construction west of Dickinson. Belfield to Medora, earth, good. Medora to Sentinel | Butte, earth, rough. Sentinel Butte Beach, earth, wood. Detour 4 miles alley City. Detour at Buf- falo 61% miles. 2—Lemmon to Bucyrus, Bucyrus, to Marmarth, earth, fair. U. 8. No. 81—South Dakota line to arth, good. Fargo to Grand forks, mostly gravel, good. Grand Forks to Pembina, earth construction from St. Hamilton and from Jol: bina. Grand Forks to Manvil der cgnstruction. Detour from Grand Forks ‘to Walsh county line. U, S, No, 83—South Dakota line to Hull, earth, rough. Hull to Linton, earth, good. Linton to Moffit, partly gravel, good. Moffit to’ Sterling, earth, good. $8. H. No. 1—South Dakota line to but the evidence must be clear and Satisfactory, and a judgment hold- ing that an instrument purporting to be a deed, is infact a deed, will not disturbed in the absence of clear and satisfactory proof to the con- trary. Appeal frm the District Court of Cass County, North Dakota, Hon. A. T. Cole, Judge. Affirmed. Opinion of the Court by irke, J. . ivet, Shure, Holt, Frame, Murphy & Th oy Fargo, North Dakota, F. A. Leonard, Fargo, North Dakota, At- torneys for Appellant. Wood & Breaw, Fargo, North Da- kota, Attorneys for Responden. 7 From McIntosh County George E. Christilaw, et al, Plain- and Appellants, vs First Na- Bank of Ashley, North Dakota, a corporation, Defendant and Re- ondent. “Syllabus: 1. Under Section 7482 C, L. 19138, the trial court in the furtherance of justice has a wide discretion in allowing amendments dings, and an order permitting pears from the record that the de- fense has not substantially el 2. id roves, defendant bank, through its president and chshier, sold the plaintiff’s land upon which it had ® mortgage, under reement with, the plaintiff, th; ind was sold the ti roceeds. of " "tive per cent commission, paid intiff, The land was sold, phe was far in excess of the int due on the mortgage, but no, ment was made on the mortgage, after holding the deed for nearly years it was returned with the tir t it was not the deal, the mortgage was sed, "Held, that it was the of the bank official to pay thi e out of the proceeds-of th: Yor the rtgage ind alance: of the. purchase of said land. I from. the District Court, of ‘Hon..,Geo. M. Mc- "Opiniom of the Court bt Burk sg eWishek & Wishek, Ashley, N. D. to] 3 : » Gombines Lessons Learned in World War Lakota to Washington, Aug. 26.—4/?)—Pos- ing as they do many character- to Stecle, earth, istics not found in any other capital le to Hurdsfield, partly| ships afloat, the new British dread- Hurdsfield to Rugby, naughts Nelson and Rodney are be- Rugby to Dunseith, ing studied by naval constructors in effort to determine what effect y should have upon the designs good. Jamestown. to of the replacement battleships to gravel, good. Construc. be built under the terms of the nurth, of New ai . Washington naval treaty, beginning S. H. No. milton to 1 county line, earth, good. Cavalier county line to Roek Lake, earth, good. Rock Lake to Bottineau, gravel good. Bottineau to Mohall, mostly gravel good. Mohall to Bowbells, fair. Bor pelle hee ne, partly gravel, = good. Detour between Tolley a Bowbene n Tolley aa S. H. No. 6—Bismarck to Wilton,| Wilton to “Washburn, mostly| rood. ood, - H. No. town, arth, Hansboro, tion 6 m 4—Elléndale to James- th in 1931. , These vessels embody the lessons the British learned from the naval conflicts in the World War, and naturally their plans are I guarded. by Br admiralt However, known that in_m: espects design is a distinct eparture from the dreadnaughts which preceded them. a i He Armor on on a Wilta y ne of the most noticeable changes, led ole hburn to Max ‘and one puzzling naval officers most, Milne ,Three-mile detour at is the ubsence of any signs of pro: ax. Mux. to avel, good tective armor on the hull. Th Pitot te Cans h, good. officers have about reached the con- etour from Max to county line. telusion that the main hull of the S. H. No. 7—Cummings to Gr ship is inside th ing, and line, earth, ood. Gri that attached to it vy armor county line to Denhoff, gravel, good., these ships carry. Gravel construction to McClusky | This conclusion is predicated upon x y to Underwood, earth, good ‘the known theory of British naval S. H. No. 9—Havana to Wimbledon jconstructors that a torpedo should vel good. Wimbledon to Melville | not first strike the major hull of the - rood. Melville to New Rock- ship. It was because of this that the gravel, good. New Rockford to British adopted the blister as a pro- Junction No. 3, earth, fair. Junction tection to the main hull in its older No. 3 to Harvey, gravel good. Har- vey to Minot, earth, fair. Minot to Kenmare, gravel, good. Detour Ken- mare to Bowbelis. Bowbells fair, to Portal, earth, good. S. H. .No. 11—Hull to earth, good. Ashley to F earth, good. S. H. No. 86—Pingree to Wilton,! earth, fair. craft. Torpedo protection for Ameri- can battleships is furnished in a series of hulls within hulls with short spaced bulkheads, to enable the jship to keep aflat. Ashley,!_ ‘The belief that the armor on the mount, Nelson and Rodney is placed on an inner hull is further strengthened by the appearance of a series of plates placed along the hulls of the ships near the water line. Those studying the vessels conclude that these plates cover holes in the outer hull and are merely bolted on, with the idea that if a torpedo found its mark the destructive gases from the explosion: would force off the plat and thus find their escape before seriously damaging the inner hull. Another Change Another decided change of design in the British ships is that of pla ing all of the big guns forward in- stead of distributing them forward and aft as heretofore. By thus con- centrating the main magazines in a single section of the ship, greater armor protection can be given them. This is an important matter, as a single shell finding the magazine room would destroy the craft. and Lauder & Lauder, Wahpeton, N. D., Attorneys for Plaintiffs and ‘Ap: pellants. ; Curtis & ‘Remington, Lisbon, N. D.,, Attorneys for Defendant, From Morton County Bertha A, MePeck, Plaintiff and Respondent, vs, Travelers Equitable Insurance Company, a corporation, Defendan : ena t and Appellant. + In an action on an insurance Policy containing the following pro- vision, viz iis eee 5 é sontains the en- contract of insurance, bxe C : it may be modified by the aaenee All of the big guns—nine 16-inch classification of risks and premium Tifles—have full range on | either rates in the.event that the insured is , broadside, but only six can be trained injured *|* * after having changed: dead ahead, as those in the third his occupation to one classified by|turret are below the super-imposed the company as more hazardous than| middle turret. Of course, there can that stated in the policy, except or-|P¢,no, big gunfire aster dinary duties about his residence or| Still another departure from the while engaged in recreation, in which | Conventional design is the placing of event the company will pay only such |All, of the secondary defense rifles portion of the indemnities provided; ~©inch Runs—near the stern and in the policy as the premium ‘the mounting of them in turrets would have purchased at the rate’ Which enables them to attain an ele- within the limits so fixed by the) Yatlon of seventy degrees with a con- Be ced for such more hazardous oc- re three of these turrets The real question is, not so much 0%, each side of the ship and cach 4s to whether or not the insured has|mounts two Grinch |r abandoned the occupation stated in|Eivet.iuc with ar the policy, but whether or not ut the cs cg mong gh ime of injury he was engage other and more hazardous occupation, | “UfTet 18 raised above . Forward 2. If at, the time of the accident’ i the insured was engaged in the ov.|,,12, these, ships the British have n 4 ©! abolished the forward mast, with the cupation named in the poli Fs : casual act. that was incidental ts the wridge in front, and have replaced ri 7 main oceupation, he is entitled % Te- io aoe ee peeeeeere wate = * 4 several navigati: cover the indemnity which hi bridges and on top of which is Slaced mium pays.for in that occupation, the fire control lon. : but if*at said time he is engaged in| This arrangement adds to the, éx- @ mere hazardous occupation or inj tremely odd lookii any act incidental to such hazardous) Nelson and Rodney. occupation he is entitled only to the i indemnity: h his. eee pe will purchage, in such more hazardous o¢- cu rae nak aan inst 0 pation in waliruetnce Policy as of cook, and is killed while.en roi to a eal mine on spur rail: leading to the mine, and, belo to the mining. company, where | great < mp) BS. and” i ‘arith SoG ine enh such act of than any other Latiicat ‘to. the..mine wasvincidenta' 735 feet. which ia. to the main-employment jin’ ee e, longer than any and thg-insured can only recover:the Some naval cons! the other two. ed : Since | Annies iy and bsageed speed 0! : of other dreadnaughts, other nations | proof of such an agreement the pre- t for reasons stated in the opinion, that | * = FIND CHANGE Ih TTT PAGE SEVEN from 75.to 80.fest longer that would "be expected for ships of their speed, and they have 7" to fiugre out the reason for such extreme length. In the. oninion of American con- structors, the Nelson and Rodney have a very serious defect in that 0 far as can be learned there is no provision for carrying and launching a single airplane. American battle- ships carry four planes with a cate- pult for launching, and this number may be increased the case of the new ships to be Jaid down after. 1930. RIBUNE OPICS In Mexico, all is grief and sadness. For « proposal has been put-forward i all Mexicans, and it looks as if it will be put into effect. result, has been a pa Mexican life ever since the earliest days. No one ever heard of a Mexican without a piatol. It is their chief medium of ex- Pression, The lo Mexicans What the movies would do about it, should this proposal go into ef- fect, is problematical. Mexieans are mainly designed, o en, to be vi As villains, they need _pis- free use of the afore- is proverbial. And you can't have a villain without stol. Will the“day come when the Mexicans, on the screen and off it, will be compelled to carry cap pistols or pop guns? Perish the thought! Here ix a case where a sympathy strike would surely do some good, if only. to remind Mexican officials that the folk in the United States insist their neighbors he allowed to carry pistols. We cannot have a tra- dition so rudely shattered. LOsT? Down in Tennessee, a small group of men, each one carrying a flicker- ing lantern, groped their way through a winding cave. Every once in a while they hallooed lustily. They were seeking one Lawrence Ashley, reported to have been lost therein for a week. Presently came news that Mr. Ashley had found his way out of the cave., They gave up their search, Now comes a state official of Tennessee to claim that Ashley was never lost in the cave, but that the whole think was‘a fake, for the purpose of publicity. You see, Ashley owned the cave. To date, the matter hasn’t been settled, but if it was a publicity gag, it was decidedly well executed. Mr. Ashley got columns of space in news- papers all over the country. There probably will be a lot of people who will want to see the cave where he was “lost.” So he will make money. There is no reason in the world why such a scheme cquidn't be worked in North Dakota to ad- vertixe our Bad Lands. Of course, losing only one person in the Bad Lands isn't such a tremend- ous thing, but if things could be arranged wo that a whole excur- sion party of say, several hun- dred, could lose itself for a week or two, this section of the state would get some fine advertising. _ Here is a good reason for extend- ing a pressing invitation to President Coolidge to visit the state. Think of the excitement should he and Mrs. Coolidge let themselves be lost! -We would be stealing some of South Da- kota’s thunder. But inasmuch Mr. Coolidge isn’t coming to North Dakot: must bide our time. Maybe some day there will he a president who likes to fish for catfish. In that case, no better place could be chosen than the western part of the state. And the “losing” game could be worked as sort of a. sideline. 51% Pounds Weight of Burleigh Grown Beet A beet which weighs five and one- half pounds, grown near Bismarck, was brought here today by W. B. Fal- coner. The beet is eight inches~in diame- ter and 24 5-8 inches in cireumstance. “It can't be beat” was the comme! of a number of people who 'saw it. Mr. Falconer also brought with him a head of Chinese cabbage. Unlike the common cabbage, this vegetable grows upright, something like celery. It is much used for salads. ‘This type of cabbage is somethi Burleigh county, but the Falconer’s sample would will grow here Too Late To Classify FOR RENT—Two sleeping rooms. 322 Ninth street. Phone 1054-R. FOR RENT—One nicely furnished room off bath room. Gentlemen Petters: 614 Ave. C. Phone FOR RENT—Furnished rooms light housekeeping. Rohrer, 618 Sixth street. FOR RENT—Office room over Knowles Jewelry store. Apply to F. A, Knowles, This room can be furnished and used as a sleeping oom for one or two persons: FOR RENT—Room in modern ‘home suitable for two. For sale: Round Oak range, ice box and bed. Calt at 305 Third street. Phone 932-R, SEWING mi racticall LR le practically new $25, carriage other household. furniture. Bareie - if taken: at once. “60¢ Third street. FOR RENT—Furnished tn down stairs. Private entrance, Phone 745-R, 603 Ninth street. FOR RENT—F . Scan ores ae ind private Me water sement. and ba: Yon. Phone 214-R or for Mrs, Ada bet —_———— and a 448i,"