The Bismarck Tribune Newspaper, July 28, 1928, Page 3

‘SATURDAY, JULY 28, 1928 , INSURANCE MEN Towa Boys Missing in-North attorneys for Beeches py epee ee ga” ne ig writ as well as to release Sea property levied on. yet pray the d ludgment, on 7 F ent bl a _ WILL ORGANIZE! North Dakota fire insurance agents plan to organize. About 300 state agents will meet at Jamestown Aug. 8 and 9 for the ‘THE BISMARCK TRIBUNE ~ PAGE J. A. Miller, of Beach North Da- kota, and Crawford, Cain & Burnett, of Dickinson, North Dakota, attor- neys for defendant and appellant. State of North Dzkota, | Plaintiff and Respondent | vs. Bismarck Bank, a corporation, et al, defendants. The State 3. In an action for the forect ure of a chattel mortgage, in w rrant of seizure | under a by the distric | Sections 8138 the property upon and tak ‘of an officer delivered, upon application to d charge the warrant and for the im- (Syllabus by the court.) (a) A party obtaining a dis- charge of a warrant of attachment and the return of the property seized thereunder by the giving of the bond to 8143, both inclu: provided for by Sections 7555 and mortgaged is levied} 7556, C. 1 cn into the possession | as i to whom the writ is! ities service of the warrant: (b) Defendants, ob!; issued Hon. M. J. t court as provided by Cass Count, , Judge, sensee, defendant als. Affirmed. aa Dist. J. Appeal from the district court o! Opinion of the court by Pugh From a judgment in favor of. Pentre and against defendant G, ug f t 4 4 “a mediate return of the property,| bond, are thereafter precluded from . J., did not participate; Ho: Pott a ee Sik Ga Te en ‘under the procedure provided for inj asserting formal defects or irregu- : Pugh, Judge of the Si local agents said today. : Dakota | See 7556 Comp. Laws 1913] larities in the issuance of the war- ct, sitting i A Efforts have been made to orzan- is ys Appellant. |, defendants therein ele to and| rant, the levy made thereunder and m Maloney, attorney. ize the fire insurance agents in North Dakota for several years, ‘When organized, the agents will have a yoice that carries weight at rate hearings, Bismarck agents say. rice raises and reductions will be put into effect at regular dates, and agents will conduct their businesses ; on a uniform program. | S, A. Olsnegs, state insurance com- | ioner, is said to favor the or-| ganization of the agents. Insurance men are requested to meet at Jamestown Aug. 8 for regis- tration. The convention sessions, at which time officers of the organiza- tion will be elected, begin at 9 a.m. Fearing that these four Iow north without supplies, them in the wilds of Fuller, Keokuk; Max J. Kane, Iowa them was postmarked University students may be lost in the far Canadian northwest mounted police are secking | that a check received by it for collec- northern Saskatchewan. and Peder C. Boddum, Crystal Lake. took them to the edge of the arctic circle. Left to right are John Gordon C. Armstrong, Britt, | Adventure and geological study The last letter received from Sturgeon’s Landing. City; August 9, according to the meeting vall issued by Julius R. Baker, Fargo, secretary of the organization com- mittee, FARMERSRUSH | ‘FLASH OF LIGHTNING TAUGHT INDIANS HOW TO MAKE FIRE WITH FLINT STONE > 1.° In the absence of a special| contract permitting it to do so, it! is negligence on the part of a bank! having a check for collection to, transmit it directly to the bank by whom payment is to be made, with request that iemittance be made/ therefor. 2, Since a bank is under x10 obli- gation to receive checks for collec- tion, it may by contract stipulate tion may be forwarded directly to the drawee bank. . | 3. Where a bank receives a check! for collection, a contract whereby it is stipulated that such check may be sent direct to the drawee bank is art void as being contrary to public! icy. | (Syllabus by the court.) | Appeal from the District Court of Burleigh County, Hon. J. A. Coffey, Judge. Action for damages for neg-| ligence in the handling of a. check} did give a bond, conditioned that | they would o plaintiff the ment which against ther specified in the bond, and thereby effected the dissolution of the war- | rant and the i TTT LTT LLL the service thereof; The consideration for the to pay the judgment is the immediate release of the property from the levy (da) Upon’ appellant. Mr. Russell D. Chase, of J. town, attorney for respondent. m demand pa amount of ai judg- may be recovered Not exceeding the sum to the a The ‘west. coral reef ndition and entry of|world is in Australia. immediate release of the action, the obligation of defend-j and 30 miles wide. PTT TTT) An African Stereopticon Lecture jamnes! in 4 : 0 It is judgment in favor of the plaintiff in| Great Barrier Reef, 1,000 miles long “i Ed the} the re 3 deposited with the defendants for collection, Judgment for the plain-| tiff against the defendant, State of | : Red Men Give Simple Version | Decisions of of Process that Led to the | Supreme Court MACHINE MEN TONIGHT essful jump from a p: Reversed. iT jula Cc Match; Veteran|* North Dakota doing business as the | _ ommon atch; eteran S jank o' ‘01 akota. jis de- icia Moore, 21, iT a oe. ¥ sot ed renee P " ee 4 Bismarck agricultural implement} Author Disenvern Many Kathleen i. ae fendant appeals. Sey POE | By Missionary A. A. Carscallen, who spent 14 years on i} dealers are working 24 hours a day to supply the unprecedented demand of the farmers of central and west- ern North Dakota. Eighteen carloads of binders were unloaded at one Bismarck house to- day, and they 1 be distributed to dealers in less than 24 hours, the manager sa More than 150 combines have al- ready been bought. And with every combine a tractor has been pur- chased. The little town of Garrison, up oa the Missouri river, i ‘an agricultural boom, More than 50 combines have been sold there in the past month by one dealer alone. And not one of the combines has been sold with a horse hitch, the Garrison farmers prefer- ring to draw the big machines with tractors. More than 500 carloads of twine have been sold by local dealers, ex- el ¢ of the State twine plant. Six carloads were completely cleaned out in less than 24 hours Friday. Dealers expect the peak of busi- ness to be reached about August 10, after which the demand for twine and machinery will slowly slack- en off. EAST END IS TO FENCE PARK Facts of Indian Lore Not, Generally Known | Glacier Park, Mont. July 28.— Some of the older Indians of the Glacier National Park reservation! say that lightning taught the first! man on earth how to strike fire. | They don’t say it was Adam either. The legend passed down to this day says that after seeing the flash, the human being immediately knew the | natural thing to do was to get a! hard flint rock and strike it against a certain piece of ore, which was readily found. Just downright common sense is| all the Indian deals in when it ¢omes to the art of deduction and exclu- sion. Quite a few interesting facts in| Indian lore recently have been dis- covered by James Wilard Schultz, writer of more stories than any liv- ing author, who himself lived 40 years among the tribe inhabiting the region now known as Glacier Na- tional Park. Mr. Schultz found of particular interest these facts: That the Blackfeet first saw white men in 1751, members of Sieur de la Verendrie’s fur traders. That the Blackfeet had plenty of horses ‘in 1754. i That explorers Hendry and ‘Cock- ing thought the Blackfeet more like Europeans than native Americans. That the Clackfeet cooked meat in carthern pots of their own manufac- ture. They must have acquired this Plaintiff and Appellant 3, v Buck Smith and Joseph N. Schlagel, individually and as co-partners doing business under the firm name and style of Motor Service Garage Defendants and Respondents. Under section 3535 G. . 1913 which provides that tnesses nre entitled to receive for cach day 3 ut- tendance before the district couct in all civil and criminal cases, the sum of Two Dollars and for caen mile ac- tually traveled one way. nits,’ a witness is not entitied to the per diem fee of Two Dollars for the time spent in coming to and returning from the place of trial (Syllabus by the Appeal from the Cass County, Coe, Ju Plaintiff app entered on re-taxi Modified. Opinion of the court by Christian- son, J. Divet, Shure, Murphy & Thorp, Fargo, N. Dak., Attorneys for Plain- tiff and Appellant, Conmy, Young & Burnett, Fargo, N. Dak., Attorneys for Defendants and Respondents, Golden Valley County, a mu- * nicipal corporation, Plaintiff and Respondent vs. J. A. Miller, Defendant and Sloe 1, The law governing the issu- ance 3 tax deeds must be construed strictly. , Okla., the other she felt the urge to | jump when'she was 9 years old and | jsaw her first plane. Her husband, Charles Moore, is a_ professional | wing walker and jumper. i Opinion of the court by Nuessle, Ch. J. O'Hare & Cox, of Bismarck, at- torneys for the appellant. A. L, Ravely, Plaintiff and respondent | vs. G. L. Isensee and H. C. Aamoth, in the action, he may demand in- | demnity from the attaching creditor | [to protect him in case the claim by Defendants | the third person should be held G. L, Isensee, Defendant and Appellant. 1. See. 7550 Comp. Laws 1913 was enacted for the benefit and pi tection of a sheriff levying a wi rant of attachment upon personal! property, in order that in case of a) cation to an actio claim of ownership or right of pos-! cover upon a dis session of the property attached, by} ed for by Secs. 755 nd 7556 Comp. | valid; and in the event of failure of | the attachment creditor to give such | indemni . the sheriff is, by said! given the right to release PT ce eee ees ® person other than the defendant, given on application to d a CC eetet ts HE EB OR FRE SY aE FE RE OE the trail of Livingstone. 80 views from actual photo- graphs of African scenery, life and customs will be given, ; ~ AT BIBLE CHAUTAUQUA TENT, CORNER SEVENTH AND AVENUE B ong Service - 7:45 ; Lecture - 8:00 ro + Seats Free . s You will appreciate this educational feature. Bible Lectures will be given ‘ , every evening this week, ®: , Hillside park will soon have an adequate fence. Plans for the fencing of the park ‘will be decided at a court house meeting, Tuesday night at 8 o'clock, of the officers and committees of the East End Community organiza- tion, | The organization has been solicit- ing funds for the last six months for the purchase of a fence around the park, and it is now believed that enough money is assured, The group will decide what kind of fence is needed for the park at their meeting The meeting has been called by Louis Benser and Roland H. Crane, president and sec- retary of the organization, respec- tively, who say that the object of the organization is for the better- ment of the Bismarck cast end com- munity. art from the Mandans. 2. A purported notice of the time That the Blackfeet men wore | Of the expiration of the period of re- sleeveless shirts of five or six thick-|4emption, which does not bear the nesses of moose leather, as protec-| Signature of the County Auditor is tion from the arrows of their ene-| Of no effect. s mies. 3. Though a tax deed is, under That the Blackfeet had many|the statute, “prima facie evidence slaves—captured from enemy tribes,| 0f the regularity in all proceedings and treated them kindly. from the assessment and valuation Both explorers Hendry and Cock-|°f the land by the assessor to the ing called the Blackfeet “Arthichi-| execution of the deed” yet if the nue.” That is not a Blackfeet word, | €Vidence shows no proper notice of nor is it Cree. the time of the expiration of the Period of redempt'2n was issued or served this “prima facie evidence” will not support the tax deed issued. AIR LINE INCORPORATES | Incorporation papers have been is- (Syllabus by the court.) sued to the International Airway Appeal from the District Court of Inc., of Minot. The business is in- | Golden Valley county, Hon. H. L. corporated for $100,000. Directors | Berry, Judge. are J. Coughlin, Norman Ellison,| Modified and Affirmed. Barron, H. M.-Krenfeld, and| Opinion of the court by Burr, J. 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