The Bismarck Tribune Newspaper, October 29, 1927, Page 10

PAGE TEN IN WILL CASE Pembina Women Charge Friends of Dead Man Used Undue Influence Appeal has been taken to the su- preme court in the case of Mary} Black and others vs. Vera H. Smith! and others, involving the 32,000 | estate of W: tain who died in Pembina county. As presenied court the case is appeal from an der of the Pembina county dis- | court denying a new trial, | and deny- | fo the supreme isked by the defendants, ing a motion for judgment notwith- standing the v of the jury. | The plaintif ers of the dead | man, were def din an effort to} keep the will from being probated ; in the Pembine county court and ap- pealed to the district court, charg- | ing that Miss Smith and others were made beneficiaries under the will/ because they had exerted undue in- | fluence on Cain when th will was) made. The defendants denied the | charge of undue influence and as- serted that the beneficiaries were | named because Cain felt grateful to | them for services which they had performed for him. His sisters | were excluded from the will, the de- | fense contended, because he felt that they were old and would not need the money. As disclosed by records filed in the superme court Vera Smith, the defendant, was the niece of Cain's wife who prec Jed him in death by only a few days. She visited the Cain home shortly after her aunt’s death and took care of Mr. Cain in his last illness. The defense contends that Cain made the will a few days before his death without influence having been brought to bear upon him and out of affection for the niece who cared for him in his last illness. The Plaintiffs contend that Cain would not have ignored his blood relatives in his will while wholly in his right mind and free from pressure. LIFT-SEEKING DISCOURAGED Dangers of Ride-securing by School Children Are Pointed Out by Auto Body WADE HIGHWAY DEPARTMENT IS COMPILING APPEAL MADE BUDGET FOR 1928; FUNDS INDICATE | maintenance budget for regraveling short stretches of road and reshap- ing roads in cases where the cost , would be small. -Major ~-graveling and reshaping projects, however, ‘THE BISMARUK ‘TRIBUNE The“WHY'of Willys Knights marhed Superiority New Law Requires Reports and Budget Recommenda- tions by November 15, Sub- mission of Estimate to Com- missioners by December 1 Compilation of its first annual budget is under way at the offices of the state highway department. It will show, according to J. J. Erma- tinger, commission secretary, the amount of money which the depart- ment will have to spend in 1928 and where it will spend it. The budget, Ermatinger explains, is required by the new highway law, passed at the legislative session last winter. The law also specifics manner in which the budget is to be compiled. Reports and budget recommend: ions are to be made to the st by department heads not. later than November 15, The secretary is then required to organi ve et, providing an come for 1928 and a s the cash on hand and liabilities as of December 1 and present the w' matter to the highw by December 1, The then is required to act on the bud- get by December 15. E ate to Be Difficult If costs were to be based wholly on the experience of the pre year it would be a compara easy matter to arrive at the amoun which the v ‘ious departments would need, Ermatinger said, and the main difficulty then would be to esti t income, T! in itse difficult, he points out, proceeds from the two-cent gas . The other prin- come is automobile can be es- will creases, state air a The difficulty in line tax receipts, E lies in the fact that the present tax| has not been in effect long enough to perprit ne to strike an avere age yearly income. It is dependent, Ermatinger pointed out, on condi- tions which cannot be foreseen. If the state experiences an open win- ter and crops are good it is probable that gasoline tax receipts will be high, Ermatinger said. On the oth- er hand, if roads are blocked with snow for any considerable time or crops are poor the highway depart- ment’s income will be reduced. This possible variation of estimat- ed income from actual receipts makes it necessary to be very con- servative in making up the budget, he said. The need for caution is further emphasized by the fact that the law gives the highway commis-| sion no authority to change the bud- Washington, D. 28. “Gimme a lift, mister. This plea, says a statement issued by National Headquarters of the American Automobile association to- day, again is echoing and reechoing down the streets and highways of the nation as millions of children troop daily. to and from their schools, “The appeal of a child, this one like Oct, that the motorist be firm in his refusal to accede to it,” says the statement. To Continue Campaign Directed specifically toward the 939 clubs that comprise the mem- bership of the A. A. and general- ly toward motorists, parents and teachers as a whole, the statement asks that the peration of all ncies and individuals concerned] with street and highway safety be “enlisted in a continuation of the campaign launched last year by the A, A. A. to stamp out the practice of children of asking for lifts, one of the greatest menaces to child safety that exists today.” This cooperation was sought and last year, the A. A. heads de- clare. When attention was called to the grave hazards involved in this thoughtless practice of school chi dren, motorists, parents and teache: generally rallied behind their motor was a marked success of the cam- paign, the statement says. The sum- mer, however, saw a let-down in this| sphere of activity, and the reopen- ing of schools has created a need for renewed effort, it is pointed out. “A. A. A. clubs, concerned with serving the interests of both the mo- torist and the general public, should take the lead in the movement to break up this practice,” says the statement. “The club will find that once it points out the enormous dangers incident to this child action and the ways in which motorists, rents and teachers can be helpful Tp bringing it to an end, these groups will be quick to meet their respective ities. A part of the motorist is to drive carefully when passing through school zones and to refuse Tides to thos: children who ask. This is difficult to do, but the consistent refusal on the part of all motorists soon will discourage the lift-seeker and this is the greatest kindness the motor car owner could do any child. Drivers should remember that they are responsible in case of accidents involving their youthful passengers. “They do not need to be reminded ofthe dangers of perpetuating this practice by catering to it. Once given a lift, the child repeats his request daily. At first, he may! have had the caution to stand on the curb and wave his appeal to the passi motor Gradually, how- ever, becomes more and more| Aarit He will crowd out into the stream of vehicles, transforming traffic into a veritable maelstrom. Thus, he becomes a menace to others os well ak to himself. Should Discourage Habit ‘ a its and teachers should do > all in their power to diseourage this Buble whichis ao easily developed int out the all the others, is hard to resist) | but the interests of safety demand |‘ given in all parts of the country| f clubs and the result of this unity! D Chiropractic relieves Lumbago because it re- stores the exeretory or- gans to normal, conse- quently enabling the muscles of the back, hips and thigh to function nor- mally, Free, full mental im. pulses resulting from re- alignment of misplaced vertebrae permit nature to restore normalcy. CHIROPRACTIC relieves the misplaced vertebrae. DR_ENGE HIROPRACTOR | get once it has been adopted. would be easier to mect unforeseen conditions, Ermatinger said, if it were possible to readjust the bud- get as the need arose. To Make Allowance His present plan is to liberal allowance for road mainten-| ance, since that is regarded as the ‘irst duty of the department. remainder of the funds devoted to road construction. Preliminary estimates place the cost of maintenance at from $600,000 to $800,000. This item, he pointed out, will increase from year to year as the mileage for which the mainten- ce derartmeht is responsible in- Under the present law the umes the He maintaining a road when an original tate grading contract is completed. It is probable, Ermatinger said, that provision will be made in the Phone 808 It | construction department. | way commission probably said, make a| it i: probable that from The available overnment for road obligation of FIVE UNUSUAL VALUES Every car we deliver is exactly as we represent it. Right now we are offering $ unusual values that will please particular buyers. ; International Truck Studebaker Six Sed Chevrolet Touring Star Touring . Here are five cars priced for a quick sale, M. B. GILMAN CO. Broadway at Second St. ri Bismarck EF almost a quarter of a century, Buicks have been making good: wherever power counts most. So that now, when the task to be’ accomplished is difficule—when stam- ina, dependability and unfailing power are essential—the advice of those who know is, “Buy a Buick!” Drive a Buick for 1928 today and know the reason for this preference. Sedans $1195 to #1995 Coupes #1195 to #1850 Sport Models #1195 to #1525 Esc! ptt Nita tae date anaes, ‘WHEN BETTER AUTOMOBILES ARE BUILT, BUICK WILL BUILD THEM BUICK#1928 FLECK MOTOR SALES, Ine. Bismarck, North Dakota Coach $1175 ¢ Sedan $1285 Custom-Built Models (127-mch whesteasd) Brougham $1575 + 7-Pass. Phaeton $1600 * High Compression Performance - with any Gasoline In converting waste heat to power, the new companica-. invention to the Super- i ideal performance of the high-compression type motor. : that is sought through the use of special and costly fuels. HUDSON Super-Six. (118-nch whesttase) Standard Models .127-nch wrested Six principle accomplishes the. Coach $1285 * Seden $1008 7-Pase. Sedan $1200. ALi prices }. 0. b, Detrott, plus war excies tax SUPER-SIX MOTORS, Inc., Distt | probably would be handled by the specific directions oh ‘this’ point, he After ded :cting maintenance ‘costs to $3,200,000 will be ava’ | new construction next year, he | This “igure includes not only state | aid on new projects but money sup- plied by counties and by the federa: construction. Examination Free Eltinge Bidg. Bilemarek, N. 1. The high- will issue ible ter said. SLEEVE-VALVE MOTOR (1) Utmost power : (2) Velvet Smoothness . (3) Greater Economy PATENTED! High Compression i A " WiLtys-KNIGHT | SATURDAY, OCTOBER 29, 1927 vv vevwerrs H| Kate ! i with ite sliding elosves a ! f il rte} | Ht I a B F ee ll : e F a B t lH é smoothness, beyond any other type of motor. And : you can use any gas. Distributors & Nelson-Templeton Implement Co., Almont, N. D-. J. R. Thompson, Napoleon, N, D. John P. Grady, Amidon, N. D. New England Horse & Auto Co., New England Hough Motor Sales Company, Baker, Mont. New Salem Mercantile Co., New Salem, N. D. J. 8, Fevold, Baldwin, N. D. a Irvin J. Dahlstrom, Pettibone, N. D. Ehrle & Doyle, Belfield, N. D. O. M. Pickard, Pickardville, N. D, Oscar Johnson, Bentley, N. D. O. H. Larson, Pingree,N.D. ~ Rose Hdwe. & Impement Co., Beulah, N. D. S.-M. Motor Company, Plevna, Mont. Frank Kampechror, Bloomfield, Mont. Westrum Bros., Raleigh, N. D. : Bowman Hardware Co., Bowman, N. D. Auto Garage & Machine Shop, Regent, N. D. J. G. De France, Braddock, N. D. Anderson Bros. & Klovstad, Rhame, N.'D. C. E. Ellefson, Bucyrus, N.-D. Frank Lindermann, Richardton, N. D. - Ward Pomeroy, Cleveland, N. D. Lawrence Knarr, Robinson, N. D. Mi Coleharbor Garage, Coleharbor, N. D. Helbling Implement Co., St. Anthony, N. D. L. H. Lewis, Dawson, N. D. Hogoboom & Mason, Sentinel Butte, N. D. 8. F. Fitsloff, Dickinson, N: D. Thorkelson & McEntee, South Heart, N. D. Ebeltoft & Company, Dunn Center, N. D. John Sailer, Stanton, N. D. Lund’s Garage, Fallon, Mont. Albert Kemnitz, Steele, N. D. Westrum Bros., Flasher, N. D. Shock & Rott, Streeter, N. D. Ed Kroll, Fredonia, N. D. * August Wegner, Taylor, N. D. : = John Stroh, Gackle, N. D. Larsen & Nelson, Terry, Mont, . : ; Reuter Motor Company, Garrison, N. D.. - Gilbert Holtan, Turtle Lake, N. D. ae Cady & Wendorff, Gascoyne, N.D. Miller & Palmer, Tuttle, N. D. ! George Beans, Sen SOR: og al os Bauer Mercantile Company, Underwood, N. D. Rinses port mee pany, » N. D. Wiedmann Bros., Venturia, N. D. ad Mercant pany, Hazen, N. D. : , F. S. Tollefson, Het N.D. Decker Parker, Wibaux, Mont. . Dinehart Garage, Jamestown, N. D. Decker & Parker, Glendive, Mont. . Berg & Christensen, Kensal, N. D. John J. Pudwill, Wishek, N, D. Hoye & Cassidy, Killdeer, N. D. : + Woodworth Garage, Woodworth, N.D.- =’ ; L. F. Thompson, Kintyre, N. D. "Ned. Joyce, Zap, N. D. % ) rt Gackle Bros., Kulm, N. D. ; . .». ‘Henne & Boschee, Zeeland, N. D, : : ‘Heaton, Lumber Company, Lake Williams, N. D. A. 0. Flatland, Brisbane, N. D, Farmers Implement Company, Lehr, N. D. J. G. Sept, Heil, N. D. ' ; a. M, A: Brown, Marmarth, N. D. : .H. G. Dettman, Judson, N. D. i hb Daye Heitzman, McClusky, M. J. Baumgartner, Strasburg, .N: D: ; Miles Bender .& Werre, Elgin, N. D. G. A. Ruana, New. Leipig, NOD. NO VALVES TO GRIND—GROWS SMOOTHER. WITH USE WILLYS-KNIGHT Lahr Motor Sales Co. Associated Dealers—Bismarck Territory Beautiful New Colors ; | Your choice of many exquisite colors, Most major improvements in the auto pm com gm eo manufacturers, self-starter, finish, balloon tires and four-wheel ‘This motor is the choice of more than etek en a = ae speed, pick- High cuntalned eficlency. Until you drive a Willys-Knight you have motoring experience. $1295 a eget oe Pe Sse Brown & Brown, Shields, N. D.