The Bismarck Tribune Newspaper, May 7, 1928, Page 3

MONDAY, MAY 7, 1928 CANDIDATES QUESTIONED 08 EXPENSES Committee Contends Proceed- ings Not Resigned to In- jure or Aid Anyone —Ethel—_ RTOS Washington, May 7.—(P—A rap- idly moving line of presidential candidates trooped to and from the witness stand today at the opening of the Senate’s new investigation into campaign expenditures of 1928, assured by Chairman Steiwer of the investigating committee that the Proceedings were not designed to injure or aid any man’s political fortunes. Norris of Nebraska, Curtis of Kansas, Borah of Idaho, Walsh of Montana, George of Georgia, Goff of West Virginia, Hitchcock of Nebraska, Hull of Tennessee, all were there to testify, furnish fig- ures if there were any, and to say that they had no agreement with other candidates. Goff of West Virginia, who is op- posing Secretary Hoover in his home state, epitomized this stand with the asertion that he was send- ing out literature to emphasize that he was nobody’s “stalking horse.” Curtis furnishes figures totaling a few thousand dollars covering Kansas, New York, Oklahoma, Mis- ‘he district of Columbia and his own receipt of a thousand dollars. Incidentally the Kansan said he expected to win and that he had become convinced that President Coolidge would never consent to be drafted. ‘ Norris repeated the assertion he made last week that he had spent $6 for an advertisement in a Nebraska paper which he had not ordered. Borah had spent nothing; Walsh had figures of $1,190.65; George had $75 and a hotel bill; Curtis organizations had reported expenditures of $11,468.67; Goff’s total to date was $60. Hitchcock’s total was $1,744.85. Hull’s organ- ization had spent $1,000. Drowning of Maple Lake Man Accidental Fair Haven, Minn., May 7.—@)— The death of Francis Dircks, 21- year-old resident of the Maple Lake community, whose body was found in the bilrentehecr uate aes. was due to accident lrowning, Dr. E. Klavnes of Monticello, [ Decgnnset | -~Pil,Go MR~ 3 THOR ORE THe OnLy WAYS ~ Wright county coroner, said today. | Decisions of Dircks disappeared after attend- ing a dance April 9. His body|| Supreme Court showed no marks of violence. He |@————————______» said he believed Dircks slipped into! The state of North Dakota, the river from a snow-covered ledge Plaintiff and Respondent, and was unable to extricate himself. Go t Dredg ee Me Detvellat ana iA pet fendant an ppellant. boos sohkege! e h This case is governed by the de- Sinks After Cras! cision rendered in State vs. Roth-|items. —_—— er, ante.—. New York, May 7.—(AP)—The (Syllabus by the Court) " ent dredge Nave-| Appeal from the district court of |Grant County, Berry, ene ithe a crew of @f ton, snak | Rolette County, Lowe, J. The de-| Defendant appeals ifton, Staten Island, this morn: ee ie colliding: with the Lam-|of embezzlement, and appeals from port and Holt liner Swinburne. Four/the judgment of conviction and men were reporting missing. from an order denying a new trial. Twenty-five were taken to the} REVERSED. Marine hospital on Staten Island, where all but two remained for h Belen | sau vatment. ., | not participate; Hon. . ‘reoiahteen others swam ashore, it| Judge of the Sixth Judicial Distri was reported, including Chief Engi-| sitting in his stead. Kehoe & Ve REMANDED. Morrison dredging operation. bertm and J. C. Adamson, Devils erre N. Dak., Attorneys for Ap- — ay | Police Court ] caaee F. Shafer, Attorney Gen- 2 , eral, Sug ran N. Dak L. # a N. Gergen, ‘ine more traffic law violators teomick, Assman alin wae the week-end. Most of the viol tAGHION GRUS> | AAT SKIPTS ARE GIRELY COMminG- Down~ CIRRALLD SPEAKING, 9ESY_ NOTICED i (Syllabus by the court) Appeal from the district court of Mott, neer Culbert, in charge of the/ret, Cando, Dak. F. T. Cuth-|N. Dak., Attorneys for Respondent. The State of North Dakota, Plaintiff and Respondent, vs. were failing to stop at arterial high-| » w, Ocster, (Syllabus by the court) way intersections. Those who paid Plaintiff and Respondent, ines included M. F, Parker, A. M institfaandl Resnontent, Great Northern Railway Senger, Chris Nelson, Gustof the jury certain items of expense which P claimed had been incurred by him in the production and mar- keting of the crop, which items un- der the terms of the contract should have been paid by B; and| that, consequently a new trial must be ordered unless the plaintiff (B) consents to a reduction of the judg- ment in an amount equal to such J from a judg- fendant was convicted of the crime|ment and from an order denying its motion for judgment notwithstand- ing the verdict for a new trial. ‘Opinion of the court by Christian- son, J. . W. H. Stutsman, Mandan, N. Dak., Defendant and Appellant. al, Minnewaukan, N. Dak., and Chas.| In a criminal action for embezzle- ines of $1 each in Police] H. Houska, State's Attorney, Cardo, | ment the evidence ts examined and | fei Magistrate J. M. Belk’s court over|N. Dak. Attorneys for Respondent. |held to be insufficient to sustain a =a verdict of guilty. Appeal from judgment and order Py motion for a new trial. Nernal, Speake, er Gibel. 2, 1 | Compan rati Defendant’ icted by th 4 i" “4 , & COrpol ion, fendant was convi e Preshel, E. L. Conley and A, We! sas "Defendant and Appellant. crime ia siapessleentet in District ae ge In an action to over damages |Court of Towner County, and ap- NEW BANK CHARTERED St. Paul, May 7—()—A ch | for personal injuries alleged to have peals, was granted the Northern State been sustained by an employee of a! Qpinion of the court by Lembke, i tit | Dis Bank of Gonvick, Clearwater coun- Eailrnad company. wile cereale 2 District a ot est ees te coal, it is held for reasons stated in| not participate. new bank has a capital of $20,000, the opinion: Hon. F. T. Lembke, Judge of the surplus of $4,000, and begins busi-| (1) That the defendant is in no/ Sixth Judicial District, sitting in ness with $2,000 undivided profits.| Position to say that the action |his stead. George A. Beito is president and C.|Should be dismissed because the! Reversed and Dismissed. M. Berg, vice president and cashier. Mr. Velgel also announced that the| State commerce. Ponsford State Bank of Ponsford was taken over today by the State Bank of Park Rapids. ASK RATE REFEARING for the risk’ was one of fact. Fa N. D., May 7.—(AP)— (Syllabus by the court) N. Dak., Attorneys Disa with the recent rate re-| From a judgment of the district from the “Midcontinent” oil fields | Defendant Appesis: to North Dakota and northwestern] AFFIRMED. County of Morton, Minnesota points, representatives of| Opinion of the court by Christian- railroads ected have asked the in- son, J. vB. terstate coramerce commission for Pia ind & Taner, Grand Forks,| County of Burleigh, case, Attorneys for Appellant. Respondent. Hen aia by the Peego ee i Pe oom Where a defendant in 3 hamber of merce. The reduc- ler, . e case procul hange tions, including Oklahoma and other |torneys for Respondent. 3 ‘and the big oil producing states, were or- dered into effect on June 14. T. H. Burns, # and Res} t, AT MAYO CLINIC . VS. Rochester, Minn., May 7.—-(AP)—| Columbia Elevator Company, Major Edwin H, Brainerd, head of Defendant the aviation division of the marine corps, is here for a physical examination at the Mayo clinic. He ee yesterday by airplane from || ‘ai n. a FLOODS DO MUCH DAMAGE Montreal, May 7.—(AP)—Flood| sold the grain prod rs of the Rouge 11 and i fald full value therefor. B brought an action against C for conv: C:clairns that there was ostensible agency on of P to sell in. It is held for reasons sta‘ | i cE i } ti E se. estk RELri plaintiff was not engaged in inter-| Kehoe & Verret, Cando, N. Dak., Attorneys for Appellant. (2) That the question of de-| George F. Shafer, Attorney Gen- fendant’s negligence was one of fact| eral, Bismarck, N. Dak., L. Appellant, ordered s I fe i t g ! i a f i st | 5 But- fae terwick, Assistant Attorney, Gener- t the question of assump- ah Mianawankan, N. Dek. and Chas. . Houska, ’s Attorney, Cando, for Respondent. duction order on petroleum products |court of Williams County, Lowe, J! (State of North Dakota vs. Arnold she i raheeesed E i j ? E i i i against the county, 7810 of the Compiled sonius, Judge, AFFIRMED. for Appellant. ent. George R. Fox, Jr., Plaintiff and vs. Thomas H. Fox, as et al, Myrtle Hanna, Grover Fox, taxes, etc., such land i his mony. estate of a deceased other defendants, a tiff may testify as made by the decedent decedent. the decedent and the transaction between part in said conversati AFFIRMED. Adamson & Wheat, pellants. Dakota, and John Rolla, North Dakota, Respondents. The State of North Dakota, Plaintiff and Respondent. y F. C, Rother, Defendznt and Appellant.| mark before the end of the third 10641 C. L.| hour. 1913 authorizing the challenging of 1, Under section an individual grand ground that a state of mind exists (Syllabus by the court) Appeal from the district court of Burleigh County, Hon. Fred Jan- Opinion of the court by Birdzell, C. F. Kelsch, State's Attorney, and M. K. Higgins, Assistant State's At- torney, both of Mandan, Attorneys istrator of the Estate of George R. Fox, Sr., deceased, di Edith Schell, Grace Reed and Defendants and Appellants. Defendants and Respondents. 1, Where a contract for the pur- chase of real estate is taken by one and that each of he four should have an undivided one-fourth inter-| Bank note, American Can, Canadian ast in the land and each should pay| Pacific and Jersey Central, all of Will Enter Essay s one-fourth of the purchase prices, for all where each person has paid are and the terms of such trust may be proved by parol testi- inst the admi ri it Friday for Cleve- omy eee a fot bac ine sorts of merger and dividend rum-| written on “The Story of the Con-| land, Ohio, to attend the | gee me ne co-defendant | 0" when called as witness by the plain- other co-defendants interested in a (Syllabus by the court) Opinion of the court by Burr, J.| 4, { ' THE BISMARCK TRIBUNE __ ” PAGE THREE under Section ‘Laws of 1913. | F. E. McCurdy, State's Attorney,|=Xtreme Gains in Active Is- pe of Bismarck, Attorney for Respond. Respondent, Admin- orders poured into the stock market| rectors decided at a meeting Satur- td of Michigan City, Ind. and{held the position until now beca from all sections of the country to- lormer!; on the tape at frequent intervals. So he board to S. A. Your ANE - Thomas H. Fox, individual; t was th ulation of or-| the, . Ae Foung. F left Friday for th Curtis Field, N. ¥., May 7—( and as Administrator and ten that’ the ticker fell elely re Race attractions which are being| -L. Lyman left Friday for the Colonel Charles A. bergh tog is held in trust to statements 3. Sub-division 2 of Section 7871 | loans. of the Code does not disqualify such| . co-defendant from testifying as to aj tT! conversation in her presence between ‘ion. s timid “bears” te _ ing for it. I will mail it if you will Appeal from - ioe ee of the the cappaltance oF stron payin *Danconal no "2 | send me your address. A” postal District Court o lette County,| support for supposedly overpriced|| Personal and will bring it. Write today. PAUL North Dakota, Hon. C. W. Buttz,| shares, N CASE, Dept. 768, Brockton, Ma: Judge. Electric auto-lite soared nearly 14|| Social News of vs Devils Lake, 7 Kehoe & Verret, Cando, North| in 12 years, and Jersey Central sold os Set + 375 Abbas first time ae ee orneys for) General lotors ran into heavy " profit-taking after creating a new! weap Mi), social cxents, for, the Peak at 210) but held within a few! ot the home of Mrs. J. Porter. Drs. points of that lev rains of two oa 3 to five points were scattered| !homas Conroy is entertaining to- throughout the list. juror on the on his part in reference to the case,| re Llenging, and section 1913 which provides that when the defendant had not been held to an-|1 swer before the finding of the in- or to either party, which will pre-|a vent him from acting impartially)and coarse grain closing quotations and without prejudice to the sub- stantial rights of the party chal-|1 10728 C. L.| M dictment, the indictment must be|1 to refuse a defenda: moved to set aside an Proof in support of t! 2, It is a primary lature must be ing the jury that if find one A. guilty of set aside by the court in which the . defendant is arraigned, upon his|1 DNS, gd to fancy. motion, on any ground which would i have been a good ground for a chal-|1 lenge to an individual grand juror,|1 DNS, @d to choice. 1.66% it is error, prejudicial to the rights|1 of the defendant, for the trial court] 1 one of the grounds specified in the statute, opportunity to adduce|2 mean what it has plainly expressed and if a law is plain and within the legislative power, it declares itself int, who has indictment on|1 he motion, |2 DNS’ gd to choie 1.79% | Heins Tomato Soup, rule of statu-|2 tory construction that the intention|2 northern of the lawmaker is to be found in the language that he has used. The RE Additional Markets j | Additional Markets STOCK PRICES impressive fashion. Defendants. jin the active two to nearly 1. of 5,000 to 20,000 s! minutes behind the market by early - | business for a few afternoon, are not listed in the present Pal over the week-end to explain the ternational Telephone, Ameri which advanced 3 to 12 points to new peak prices, was widely con- . strued as an indication of a large county tremendous num-| da: investment demand. Operations by powerful speculative pools stimulat- tered i ed the demand for a large flock of| the North Dakota ber Ssscciation’s| Mrs. Russell Hughes, secretary of |] asks a pg. ‘2. Where an action is brought| new dividend paying shares, the| essay contest for seventh and eighth | the Mandan eli of the B. of R. tunity to A | in loans by early afternoon, but] county will be ent in the state! Mr. and Mrs. Louis Matz of this inca thaneae. there appeared to ie large sur- bite lagea No lapped bod herr city ws ~ babe of a daughter | penny. i plus of funds available at the re-| given count ssoci born at their home Saturday. i tion between the plaintiff and such newal rate of five per cent on call] but a total of $100 is being offered 4 those in Sin tere floating lie ply was small. rokers report Plaintiff, and that the recent efforts of federal re- ndan. : e th laintiff | S¢z¥¢ authorities to curb speculation] 0. B. Herigstad, Minot, chairman] ment Rheumatism and Neuritis. 4 sath ie ae Plaintiff | had resulted in the building up of a| of the Citizenship and Americaniza-| I have given this to thousands w and the decedent, when she took no large short interest but the public| tion committee of the state bar as-| wonderful results. The \< demand for stock was so large that] sociation, is in charge of the contest.| tion cost me nothing. I ask not: points to a new peak at 203 3-4, Vi aaa merican bank note her its ° Mandan icinity in t FF int: = ERS EENEREEEEEEEEEE ee, 2 North Dakota, Attorneys for Ap. | £71" to nearly nine points by touch pay follow: : The Modern ig of ard spring, fancy t lontana .. + 2.02% @2.08% cist haa ;: 1524@1.62% | naby Stuart Cut Golden Wax 8 DNS, ch to fancy. 1.78% @1.90% 7. 3 DNS, gd to choice. 1:58%Q173% sepemannel Sorlie’s Appointment. of Rosoff Is Uphel Fargo, May 7.—(?)—Appointme! of Louis Rosoff, Grand Forks, Mandan News $5,000 in Premiums phat Meg tent are nls enter-|Sorlie, as a member of the Nord ining y fr, Mrs./ Dakota pharmacy board, was u to Be Awarded Fair | Tomas Kirk of Vancouver, B. C. "| Dakots P decision by Judge A. Winners in Mandan Cole in Cass county district Anthony, today. in Mandan, named by the governor witho $5,000 will be awarded winners at/Aaving completed her term of | oor val oe the pharmacy board, Nearly 15 Points the annual Missouri Slope Fair to eee ete the place of | WF bse erf i be held in Man July 31 to Aug-| Word has been received in this Fargo, a 4 mines the board of di-| city of the death of Mrs. E. F. Dor-|date of appointment, but who LEAP UPWARD sues Range from Two to Premiums and prizes totaling New York, May 7.—(—Buying | of the dispute. eeu es Belief was expressed by Mf Porterfield that the decision may appealed to the supreme court 4 North Dakota. day. : x rT f mium | was 83 years of age.. nged from] according to the Fe ears ‘ier sie in cy. Point Wie wetce with blocks| Committee composed of J. T. spending the winter in Mandan with her daughter, Mrs. Nels Romer. and R. C., Newcomer. pasotie | a €s appearing / the premium list was award LEAVES CURTIS FIELD negotiated for at the present time| Twin Cities where be will transact off in his new Ryan monoplane £4 list. Pri joney in tl an unannounced destination at 12.¢ There were no new developments be ok tactaded te the budg-| Mr. and Mrs. C. P. O'Rourke have| P. ™» today. He was accompani¢ “ ned jr jieut. C ander P. in his own name under an agree-| tremendous volume of buying. The et, Al’ Pfenning, fair secretary one prin Mal one Weema his instructer in navigat ment with three others to the effect | brisk demand for such high grade | *t@ted- in Louisiana Texas. The plane bie oa! hod capacit that the title should be so taken| issues as American telephone, In- e and heavily laden wi aggage an n|50 County Schools Coe a Saturday at the| instruments of the two flyers. Mandan hospital to Mr. Emil Fisher of St. Anthony, W. H. heel Ld celgenelyy Man- | in Friday after a week's tour ber of 8 is experted to be en- Tr of say’ petition of through the state, 8, | eee (<) na) Ob HyrViS &¢ With a registration of 50 Morton ‘hoo! the count; ise in which was associated with all] grade pupils, The essays must be/T. Auxiliary, le national 3. stitution of the United States.” convention. Banks called about $15,000,000} The winning easay of Morton s ee | | If a trial doesn’t “sell” you the oil will not cost you a “Olson Motor Co. , 204 Fourth Street in re hed Med Let associa- a Short covering accelerated the| tion. e fire ze is $50. RHEUM ATISM i i | Judges for the Morton county con- yihovs ia sahieh ether Tieeae ies | tk Hanley, Mrs. J. A.| While in France with the Amer- ind Judge. H. L. Barrey, ali| ican Army I. obtained a toted ch scription for the ig 137. Canadian Pacific climbed] Miss Helen Conrad of Glendive, ont house guest a T 1-2 points to 221 the highest price| yy a Capitol heatre Now Playing—7:15 Tonight ZANDRA “The Man Who Sees Beyond” —on everyone's lips you hear] of the remarkable and astound-|> ing feats performed by this}’ mysterious character fro India! day. Mrs. G. Spielman and Mrs. Total sales crossed the 2,500,000 GRIMM ALFALFA SEED From registered fl Ge: ination 90%. Purity 5 from all noxious wee Cortifi- cate of pedigree accompanies or- der. MINNEAPOLIS CASH CLOSE Minneapolis, May 7.—(?)—Wheat ceipts today 271 compared to 170 year ago. Minneapolis cash wheat. Price per pound 33c. W. R. PORTER Farge, Nerth Dakete. To arrive DNS, fancy Mont To arrive hard spring To arrive .. Attracting world attentior| with his accuracy in answer, ing any question put beforc him! Feature Attraction LAURA LA PLANTE “THANKS FOR THE BUGGY RIDE” Adults - 50c Children - 25¢ Ladies Only Matinee Wednesday at 2 p. m. + 1.64% @2.05%, 122 Fifth St. Phone 53: To arrive ........ 1.64% @1.93% DNS, ch to fancy. iene 0414 The Sanitary Store @ DNS, ord to good. 1.55% @1.65% dark northern northern y Ferndell Asparagus Tips To arrive % small, white or natu HOKOLES, QUALITY GROCERY Vs 2 1.88% 1 Ferndell Catsup, To arrive 2 large bottles ..... 40€ DNS, ch t al, 3 35¢ cans for DNS, ord to good. 3 18e can for understood to|3 DNS, ord to good. 1:50%@1.60% | __ for To arrive .. o. i id =r) 7 and the courts have only the simple|1 hard (Mont. 1.54 1.833, 9 pound and obvious duty to enforce th: law| | tetramer TeaMoresie pee Senn Sones according to its terms, Minn. & SD, 1 dark i 3. In the instant c at is held] hard that the trial court erred in instruct-| To arrive .. they should] Minn. & SD, 1 hard. exhibiting a] To arrive ........ false paper to the deputy state ex-| Fe: Pi 5 = aminer, with intent to deceive, then Burr, J., being disqualified, did| the; fendant Rother aided A. in committing the crime. (Syllabus by the Cor Pag Hotere ie suatrict court of ounty, Lowe, J. le de-|2 amber d . fendant was convicted of the crime|2 durum (on of exhibiting a false REVERSED. Opinion of the court citting in his stead. Appellant. » N, H. Houska, State's Attorney, Cando, 59 61 ‘i Respondent. '|Barley, ch to fey... 95 @ ! so small a price. To arrive ... 89 f or. 5 Barley, road to g a F 3 arrive .. . Barley, ower edi 86 Fresh Stra fe - teers} To ai Pe 4 00 3; i: tate. Carrots, IN lain 2 if . 2.37% weet Potatoes. - ib] the 2 Sieroter ake ae 8. train by standing calves | and waving his coet. A loose rail value ... i ired and the f to xt station, where for . 60cHi. a i 23 » Dak., Attorneys for —_——_____—- FARGO LIVESTOCK son, J. Burr, J., being disqualified, did not participate; Hon. M. J. Et Ji of First Judicial District, & Verret, Cando, N. Dak., F. T. Cuthbert, and J. C. Adamson, Devils Lake, N. Dak., Attorneys for "F. Shafer, Attorney Gen- of| eral, Bismarck, N. Dak., L. L. the iguics. Assistant Attorney General, and abetted/1 amber durum. To arrive 1 durum . To arrive urt) and modern: improved features 5 yellow corn as the new Model 60 One Min- ‘o arrive : 2 oy by Christian-| 4 yell ute Wasfer. Now at a Price Usaeea that.any Home can convenient- 5 yellow corn. inglert,|6 yellow corn 2 3 mixed corn ij a To Arrive he: mixe corn. ; ee known to American women 4 for years as the Best Electric » LL. But-|2 pysther made. Come in and 3 us w you how much cee coi], Te.arrive .-.--:-. OG | CMR Cites 2 Me washer value you can get for 3 northern ......... 1 dark hard (Mont. Te ‘ive .. y would have to find that the de-| Fe: arrere fe . 2 durum sites cies per to @13 amber durum..... person authorized to examine as to]3 durum the condition of a bank, intent]1 red durum to deceive such person, and appeals i from the judgment of conviction and from an order denying a new To arrive 2 yellow corn. 1.50% @1.59% | Monticello brand Standard Cora, 5 18 enon... 496 1.54% @1.57% y 1 amber durum. y 2 amber d and here is the greatest washer value yet offered. No other washer priced anywhere near this has as many exclusive 4 PHONE 222 TODAY HUGHES ELECTRIC COMPANY. BISMARCK - MANDAN - DICKINSON MISCHEL STORE URBAN MERC. CO. Richardton, N. Dak. New X. Dak.