The Bismarck Tribune Newspaper, February 16, 1928, Page 11

Solution of ‘Roman Question’ Looms as a Probability in Near Future, According to Salvatore Cortesi, Asaoci- ated Press Correspondent in Rome (Editor’s Note: Solution of the “Roman question,” involving the relationship between the Vati- can at i Renee Cilddtmndi since the end of temporal er in 1870, looms as a bebility of the near future. ss of the negotiations is told in the following article by Salvatore Cortesi, for the past 25 years correspondent of the Associated Press in Rome.) ‘ BY SALVATORE CORTESI (Associated Press Correspondent in Rome) oRme, Feb, 16.—(AP)—The year 1928 perhaps may become as note- worthy in the religious history of the world for the solution of the “Roman Smee as the year 1870 for the fall of tl» Vatican’s tem- poral power. It is possible that the figure of King Victor Emmanuel Il, of that day, who transformed the apostolic pales of the quirinal into the royal residence of the new King of United Italy, may be remembered through- out the centuries as contrasted to that of Premier Mussolini as one who ht about conciliation between church and state. Above them will tower two Popes: Pius IX, who by his celebrated non possumus (we are not able) rendered impossible for bint? 60 years not only an under- standing but even a modus viviendi between quirinal and Vatican, and the Lerma seman who, after about six years of negotiations, study and deep reflection, has decided to give ae Loreal Italy, cs ort of pacy, and assuage the anxiety of the Catholic world concerning the status of the head of the church in the eternal city. (The “non possumus” was the form of ecclesiastical refusal by which Pope Pius IX declined to ac- cept the law of g-arantees adopted by the Italian senate in 1871 con-} cerning the prerogatives of the Holy See and the relations between state and church in say) Mussolini's Edict At the beginning of 1927, Premier Mussolini, speaking on the “Roman question,” said “It must be con- cluded and settled by next Easter.” Unforeseen circumstances have prevented this, notwithetanding willingness on both sides and the ef- forts and ability of the chief negoti- ator, who remains in the dark and is almost unknown, the Rev. Tacchi- Venturi. He is a Jesuit, a scholar in history and literature. The Rev. Tacchi-Venturi knew Mussolini before the latter ascumed office as premier, but their acquaint- ance grew very close through Pius XI, a few months afte: the advent of the Fascist. According to reliable reports, the following are practically the. main i éd upon for the solution man question:” 1. The Italian state grants to the Holy See an extension of its terri- tory which will enjoy the right of extra-territoriality as it has been en- joyed by the apostolic palaces and the Vatican lens since 1870. The new territory to be added is on the southeast of the Vatican gardens and includes the beautiful villa Doria- Pamphilia, one of the largest near Rome. Italy Grants Indemnity 2. Italy further grants to the pope an indemnity for the loss sus- tained by the Holy See through the fall of the temporal power, in addi- tion to the payment of the allowance established by the law of guarantees —passed by the Italian government on May 13, 1871—for the upkeep of the government of the church. Hith- erto, the pontiff has refused this al- lowance of 3,225,000 gold lires year- ly, and the total amount now, if held to be due, would at the present rate of exchange, with compound interest, for about 58 Sang] exceed two bil- lion anes ) ires (onerexizniely $400, - Adding sum what the Vatican claims for confisea- tion and rapes of church prop- ez Italy's debt reaches so many billions that it is impossible to con- template the payment in a lump sum. Sine’ etn the range af pout 2 Tange of possi- bility, och ding it over a as spréa hoa ve iod, instead of paying cash lown. . 8. The conclusion of a concord-| w. ate between Italy and Holy See, an- ticipating, as mi as is humanly all conceivable divergences ‘@ way to prevent them the 13, provides sunaldered ap of the suaace \ st ob; eis gainst 2. fwl8, C. in never es THURSDAY, FEBRUARY 16, 1928 1928 MAY BECOME NOTEWORTHY IN RELIGIOUS HISTORY OF THE WORLD ve v3. John C. Ross, Sheriff, - Defendant’ jection made to the intro-| 91: |ce a contract. unless by its. terms expressly so pravided, yet it is not necessary that this shall be declared in so many words. It is sufficient if it appear t hat it was the intention of the parties to the cortract that time should be of the essence thereof. 3. Where in a contract to repur- chase stock the defendant agreed in writing “I agree to take this stock at $100 on the Ist day of May, 1920,” it is held, for reasons stated in the b pes that time is of the essence j of the contract and that a demand to Li heed on the Ist day of June, 1920, is too late. 4. Evidence examined and held to sustain the judgment for the plain- tiff in an action to recover in an oral contract to ‘repurchase stock. Ap al from th2 District Court of Bur! igh county, Hon. Fred Jan- sonius, Judge. Action for damages for breach of contract to repurchase stock. From ‘an order denying his motion for judg- ment notwithstanding the findings, conclusions, and order for the plain- tiff or for a new trial, and from the ju ent entered, defendant appeals. ffirmed in part and reversed in Opinion of the Court by Nuessl inion of the Court Nuessle on : Hyland & Foster, of Bismarck, ‘at- torneys for appellant. ney for respondent. Filed February 10, 1928. John Busch and Albert Busch, Copartners doing business under the name of Busch Bros. Plaintiffs and Respondents, vs. James Manahan and George C. Lambert, Receivers for the Equity Cooperative Exchange, a corporation, Defendants and Appellants. 1, In the absence of any agree- ment to the contrary, the law im- plies that an indebtedness for pur- chase money is payable in money. 2. In the absence of a special’ agreement to the contrary the ac- ceptance of a bill of exchange drawn by an agent upon his principal for purchase money is merely a con- ditional payment, defeasible on the non-payment of the bill. 3. Where a vendor of grain re- ceives from the agent of the local elevator a demand draft drawn by such agent upon his principal for the purchase money, the presumption is that such drafi is accepted on the condition that it shall be paid on resentment; and the indebtedness lor the purchase money is not dis- charged until the draft is paid. In case the draft is not honored on pre- sentation, the original indebtedness for which the draft was given is not discharged, and the vendor may re- |}. cover on the original debt the same though the draft had never been iven. From a judgment of the County Court of Wells co .nty, Johnston, J., defendants appeal. Affirmed. Opinion of the court by Christian- son, J. Usher L. Burdick, Fargo, N. D., Manahan, Hoogesteger & han, St. Paul, Minn., Attorneys for Appellants. John A. Layne, Fessenden, N. D., Attorney for the Respondents. Thomas J. Hampton, other- wise known as Thos. J. Hamp- ton, Plaintiff and Appellant vs. T. J. Ross, Defendant and Respondent. 1, In an action for the conversion of certain personal property wherein both plaintiff and defendant claim to be the owner of the property in dispute, through purchase from the same vendor, the evidence is exam- ined and it is held that there is a square conflict in the evidence upon the question of ownership and that the verdict of the jury on that question is binding on the court. 2. Certain assignments of error predicated upon rulings in the ad- mission and exclusion of evidence are considered, and the rulings held to be proper or non-prejudicial. ( 3. For reasons stated in the opin- ion it is held that the trial court did not err in refusing to grant a new trial on the ground newly dis- covered evidence. Appeal from the district court of Cass County, Cole, J. é Plaintiff appeals from the judg- ment and from an order denying his motion for a new trial. Affirmed. - Opinion of the court by Christian- son, J. ky A. C. Lacy, Fargo, fi sDake Attor- ney for the Appel it. . H. Barnett, Fargo, N. _Dak., (Seth W. Richardson, of Fargo, N. Dak., on Oral Argument), At- torney for Respondent. ‘ Henry J. Hansen, Plaintiff and Appellant, it_ and Respondent. Tn an action against a sheriff for damages for levying an execution Spon. and selling, exempt property, plaintiff has the bales of prov- ing that the property was exempt. ° From a judgment of the district court of coms connty: Englert, J., plaintiff a) . ‘Affirmed. Spon of the court by Christian- lor William — Barcla; ae Finley, North fer ee eee te ttorneys i By WILLIAM F. BROOKS (Associated Press Feature Writer) ‘Washington, Feb. 16.—(?)—Rep.' A. Piatt Andrew of Massachusetts hes introduced a resoiution in the house which probably wilt throw the committee of the library into an- other lengthy discussion and make art critics of its members. The resolution provides for the completion of the historical frieze in the rotunda of the eerie by : 0! Ol. Charles A. Lindbergh, on the air vandals entered the Capitol and made away with the sections that supposedly adorned the scape. Rec- ords show that nothing so pictur- esque really happened. ‘When the present dome was. built in 1867, the space under the great cornice which surrounds the rotunda was planned to receive marble frieze in bas-relief showing the progress of Freedom, civil and religious. Shortly after, Constantino Brumidi was selected for the work. But the THE BISMARCK TRIBUNE PAGE ELEVEN’ Production have remained relatively constant during the past five years, with commodities approximately at 2 level of 60 per cent above pre-war rices, and farm wages 66 per cent er than pre-war prices. ith s income and production costs relatively unchan; the agri- cultural situation, for the country as a whole, measured in returns for cap- ital and about the same as one year a: is below that of 1925-1926. That ag-| probably result in a decreased riculturel earnings are still consid-;mand for farm labor. ered inadequate by farmers and oth- era, is reflected in the decline in land values and the movement of ferm populaticn to cities. The movement to cities reached unusual propor- tions during 1926, but probably was not as great in 1927 because of smaller inducements in urban indus- tries and better farm returns in some sections. Taking into account the various factors of agricultural production, trial employment continues at the] for a trial spin, Everything was| lurched forward and but lovely until the former spotted a assenger train speeding towards him as ho was about to cross the tracks. Then things hap- pened fast and furious. Wetherholt thought he had the car under control when it suddenly lower level set during 1027, as there is a very close relation between the volume of industrial employment and the supply of farm labor. The ex- istence of a similar situation at the beginning of 1927 resulted in a slightly lower scale of farm wages which continued all through the year. The increased use of combine har- labor expended, remains|vesters resulted in lower . harvest , and; Wages in 1927, and during 1928 will de- In case of unusually heavy juction of any crop, there will, of course; result an increased demand for farm labor, such as occurred in the western states in 1927. Farm machinery prices, from all present indications, will remain at about the 1927 level. It is expected that retail prices of building material will show fur- ther declines during 1928 unless there is .an unexpected increase in| Santa Fe ing train. last coach had steps. It bounced with tted the back and ree, turned for another jolt before the ee : CASUALTIES: Two autoists bad- 1: shaken; one auto badly bent; two’ railroad coaches smashed F. E. McCurdy, of Bismarck, attor-! |haries of the arrivai field at Le Bourget, France, at the end of his Atlantic ws Completion of the frieze has been before the committee half a dozen times before in other congresses, and, so far, nothing hes come of original plans were changed and he began a. painted frieze on wet plas- ter. He continued until his death in 1880, when Filippo Constaggini took yp the work. When Constaggini died a space of 26 feet still was un- foreign competition and demand and | building activities. The wholesale the trend in the general commodity | prices decreased during 1927 owing! price level, there seems no reason toto smaller volume of construction of | expect any material change in the | residences and office buildings. Re- economic situation within the next|tail prices declined with them, but; few years. Progressive North Da-|not in the same ratio. the lengthy discussions and investi- | decorated. kota farmers may improve their sit-! |. ees sommes gations. uation by adopting mote efficient| WILD AUTO BUTTS Members of congress have been| methods and adjusting their produc- PASSENGER TRAIN Clements, Kan., Feb. 16.—Trying | The frieze begins with a por- trayal of the landing of Columbus and comes down through history to the scene depicting the finding of tion program, in line with informa- tion contained in this report, and specifically in accordance with rec- ommendations of the state sectional unable to agree on a method of isa cedure to complete the work. Five or six members have introduced bills and resolutions on the subject. out a new auto near a railroad! crossing is bad business. Ben Wetherholt, a retired farmer, will You can hardly believe your eyes when gold in California. This much was] One group wants to finish the | economic conferences. tell you so. He tried it and ought; rr i is Completed prior to 1896. ‘The next|decoration in the same manner as ‘Agricultural Credit Outlook | to. know, } Mts ed work tat by the sturdy, com are World War scenes. that began by Brumidi. Another! The credit situation in agriculture, , With, Wetherholt driving, he and pact John Deere Tractor. It out-performs tractors hundreds of pounds heavier and handles your work faster, better and more wants to let a modern artist con- Various legends have grown up ceive his own design and £2 ahead frieze. to account for the uncomnleted in general, shows some improvement | Peter Schimpf started the new car over one year ago. The supply of | frieze. One is that the artists en-| irrespective of the rest of credit is | i 5 isi gaged in the work because em-| Still’ another insists the o in- | gold nee antieneenion: on La pease th You get @ surprising surplus broiled in a squabble and couldn’t|tention was for a marble fi and | dustrial and commercial loans have! power in the a's agree on how it should be finished. |that gothing short of that sat- lowered, and there is some evi- ‘ Arother is that one artist fell tolisfy. Artists have estimated the |dence of a reduction in cost of agri-| John Deere Tractor death from his scaffold before its|cost of the remaining work at $40,- completion, and still another is that |000 or more. [ AGRICULTURAL OUTLOOK FOR 1928 _| That farmers of North Dakotatle, feed grains, apples and tobacco may expect some increase in income| which more than offset decreases in during 1928 from their investment | hog prices and prices of wheat, hay, of capital and labor, providing pro-| potatoes and eggs. Since some of cultural credit. | In the spring wheat states, im- proved returns have made possible some reduction in outstanding ¢: it obligations of farmers, thus in- creasing the security needed for loans this season. There will also be an increase in the number of farm- ers able to finance their own produc- tion programs. For the United States the situation will be spotted, rticularly in sections which suf- You will be sure to ap- Preciate the advantage of the John Deere for farm work — Its both field chines of a profitable size. You will like its light H welght -—- 4,000 pounds—. which makes it practical for operation on You operate it at a sav jog—with less fuel and ofl, It does more work in less time, The fewer, bat sturdier working parts are completely enclosed in @ dust-preof ease and automatically olled, which means long life lowed that duction is maintained at the 1927|/ North Dakota's major products as/fered from flood disasters this last Our service is flelds and on The remarkable ‘ level, is indicated by an analysis of| wheat, hay, and potatoes, are in the year. known throughout tends to pack — its ex- formance of the Johe all factors affecting the agricultural | latter roam North Dakota farmers} The farm mortgage credit situa- treme simplicity that Deere and its econ. situation made by the department of| probably did not enjoy as large a/ tion shows no striking change during means less repair ex- omy have led thonsands agriculture for 1928, and summar-|share of the increase as farmers of | the past year, and none is looked for pense and fewer and eas- of farmers to see the val- ized by Paul C. Newman, agriculturs| other sections. It should be noted Mana-| in al statistician for North Dakota. The Department has issued a similar out- look report for the past several years for the purpose of placing before the farmers of the country carefully se- lected information which should be of service to them in planning a well balanced program of production for their own individual farm business. It is believed that this summary will be particularly timely for North Da- kota farmers to supplement the worthwhile recommendations of the economic conference now being con- ducted in various parts of the state y members of the North Dakota agricultural extension service. A review of the 1927 season shows that there was a better balance be- tween different lines of agricultural production. than in any recent year. An exception was the continued high production of feed crops in relation to numbers of livestock. An in- creased income in 1928 seems prob- able, but any expansion, particularly cash crops, should be guarded against. The gross income from ag- ricultural production for the United States during the past three years seems to have become stabilized at between 12 and 13 billion dollars with marked increases in the income from some products offset by de- creases from others. 4 Price Changes Some advance in the price of all farm products during 1927 is indi-; cated by an increase of 10 points in the index of farm prices. This was due to higher prices for cotton, cat-| here the net advance in farm prices did not result from any better de- mand situation, but rather from a.re- duced Lepage of ‘those products for np ich higher prices were re- ceived. The production of dairy and poul- try products appears to have been maintained at the 1926 level after having shown considerable increase for several years. For North Da- kota increases in both dairy and poultry products occurred in 1927, It is interesting to note as significant of changes taking place in farm pro- duction, that during the past six years the production of crops for hu- man consumption and for sale has been maintained at a fairly constant level while in the marketings of live- stock and particularly of livestock | sheen the trend has been upward. airy producers have received a good income during the latter half of 1927, but peasy producers have not fared so well. Little Change “in Costs With regard to costs of goods and services used in farm production, there has been little change. Farm wages in 1927 were slightly lower than in 1926. Less labor was hired in the South because of reduced cot- ton acreage, while more was needed in the central and northwestern states to harvest the larger grain crop. Prices of farm machinery were slightly higher, but purchases of farm equipment in 1927 exceeded those of 1926. In general, prices of commodities and services bought for SWEET STOMACHS in the near future, so far as can be foreseen. Among the federal land banks minor reductions in interest rates have been made. Nine of these banks charge 5 per cent; one, the Spokane bank, charges 5 1-2 per cent; Joint Stock Land banks most| commonly are charging 6 per cent.| Briefly, the credit situation for the spring wheat section promises to show some improvement during 1928 over that of 1927. Ferm Labor and Farm Equip- Gina ment plates 1 onditions point to a large supply of farm labor during 1928 if indus: from experi- jer adjustments, ece just what is cx- pected and how to -fulfill expectations. «We Understand Webb Bros. Faneral Directors __, Phone 246° Night Phone 246 or | 887 BISMARCK IMPLEMENT CO. 7 Bismarck, N. Dak. 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