The Bismarck Tribune Newspaper, August 1, 1928, Page 6

x PAGE \... _THE BISMARCK TRIBUNE LOOSE DURING FOURTH GAME Waite Hoyt and Wiley Moore, Pounded Out; Herb Pen- nock Is Little Better ATHLETICS WIN, T00| 3t. Louis Cardinals Stretch Lead in National to Five Full Games (By the Associated Press) Groggy and ree cession of rude blows they invaded the we temporarily at | promising losi that is, to the r League. After taking thr chin at Cleveland, wild battle. the Yanks nothing to keep the Philadelphia however, ¢ xceot| winning streak, five and a_ half games away from them in the stand- ings. Pitchers Are Weak Miller Huggins’ pitchers — did everything in their power to hand the Indians their fourth straight but Cleveland, out of pure generos- ity, declined the gift. Waite Hoyt and Wilcy Moore both were pounded out of the box and Herb Pennock was not especially effective. On the other hand, five Cleveland hurlers performed even worse and four Indian infield crrors did no good, so far as could be noticed from the grand stands. Johnny Miljus, notor- ious for having wild-pitched away the last game of the 1927 Worl series, was one of Cleveland's five moundsmen and was the best of the jot. The Athlc‘ics apparently have the St. Louis Browns’ number. For the fourth straight day and the ninth straight time, the A’s beat the Browns, this time by 8 to 4. Six home runs featured the battle. two by Haas of the Mackmen. Lefty Grove, who can beat every team in the league but the Yankees, was effective enough in the pinches, al- though the Browns hit him fre- quently. Tiers Win-Seventh Taking over the Boston Red Sox, 7 to 2, the Detroit: Tigers registered their seventh victory in their last eight games. Vic Sorrell held Car- rigan’s crew to four hits, one of them a home run by Charlie Ruffing. Ted Blankenship blew up in the eighth inning when the Washington Senators scored four runs but the Chicago “Yhitesox already had piled up a six run lead and eventually came out on the long end of a 7 to 5 score. The St. Louis Cardinals stretched their National league lead to five games by pounding the Phillies into submission, 18 to 5, getting 16 of their rins in four successive in- nings. Sand, Phil shortstop, pulled one of the prize “boners” of the season when, thinking there were three out in the fifth ining, he threw the ball into the diamond, Hafey scoring all the way from first base. This incident seemed to cause the Phils to go to nieces and the rout} was on. Douthit got five hits dur- ing the day. Jakie May Weakens Jakie May weakened in the late innings and Brooklyn beat the sec- ond place Reds, 3 to 2, and moved back into fifth place in the standing| as the Pittsburgh Pirates were losin, to Boston. Vance allowed seven hits and struck out eight. ; The New York Giants and Chi- cago Cubs divided two at the Polo Grounds. The Giants won the first, 8 to 7, by scoring five runs in the ninth inning. Charley Root _ set down the Giants in the nightcap, 10 : to 4. Meadows and Brame were hit hard at Boston where the Braves downed the Corsairs, 11 to rocked for five runs pe and Brame for four in MINOT WELTER the first in- the | TO MEET HULL" came known, the shadow of the old Minot, Aug. 1—(AP)—Herman Ratzlaff, Minot welter who recently startled Twin City fans by his show- ing against middle-weight Joe Gor- don whom he beat decisively in six rounds ,was signed to fight Clyde Hull of Faith, S. D., at Clark on “August 9. The bout will be the 1u- Sag main event with a match of length between Tommy Mactire’ of Sioux Falls and Felix Byrne of Phillip, S. D., as the semi- windup attraction. Ratzlaff will leave this afternoon for Billings, Mont., where he will engage Young Dempsey of that city ina ie ae” the night of Au- gust 3. GATES ANNEXES TITLE AT MINOT N. D., Aug. 1.—()—Dr. 1 Gates of Minot last evenin, Ek eeeeecnship of the local . R. W. Pence, 7 iS Gales a came here a months ago from Minneapolis, course with Athletics, | riding the crest of an eight-gome2| Meadows was | Ss ~ 7 “ \THREE FIRST Paradise * # Catchers’ * * * greatest catching tric STRING STARS ON THE SAME TEAM: * JACK DEMPSEY MAY CONSIDER 2ND CONEBACK | Rickard Plans to Start Heavy- weight Tourney Finish in Year New York, Aug. 1.—()—Tho avyweights lacked a king today, but the machinery for the selection of a successor to the throne was set up_and ready for action. By voluntary abdication, rather | than by force of a foeman's fists, Gene Tunney, who rose from the ob- | |seurity of a bank clerk to the prom- jinence that awaits the king of fight- | lers, has vacated his throne and re- | turned to private life. He becomes the second heavy: | weight title-holder to decide that the |ring holds nothing more for him, {pubs unlike the confusion that fol- lowed the retirement of Jim Jeffries in 1905, Gene leaves behind him, as a heritage, a well-ordered plan de- signed to choose from all the con- tenders a logical successor to the crown. Rickard Will Decide { Into the hands of Tex Rickard the! lity of conducting an elim- jination tournament, international in scope, out of which, he hopes, will come the man most fitted to wear the now discarded robes of fistic royalty. As another parting gift, Tunney will place in the hands of a committee of 26, headed Rickard and William Muldoon, ear-old New York state athletic commis- sioner, a trophy on which will be in- scribed the name of each predecessor , id successor to Gene’s crown. Even as Tunney’s retirement be- Manassa mauler, Jack Dempsey, fell once more across the heavyweight | * pictures—an ominous sight for other | front-rank contenders. | Just now Dempse: tied un ina theatrical venture with David Be- lasco until spring. When that coy- tract is fulfilled there is at least a chance that he will return to the ring and see if his second come-back can not terminate more successfully than did his first. Begin Next Month Rickard plans to begin his elim- , ination series next month, drawing | his candidates from among such} fighters as Johnny Risko, Tom Heeney, Paulino Uzcudun, Sharkey, Knute Hansen, and Phil Scott. i “Just now there are only about six outstanding heavyweight contenders in the country,” said Tex. “I will set them to work in September in| the first of the series of eliminations. | In the meantime I want the entries | of at least 20 other heavyweights | throughout the country. All will get | chances to prove their worth inj eight- or ten-round bouts. I will | have until next September to find | ie pair to fight in the final for the | | JACK HURLEY SUSPENDED Chicago, Aug. 1.—(?)—Jack Hur- ley, manager of Billy Petrolle, was his license revoked They Short Every Saturday Members of Ms "indianapolis Gun an ‘unwritten tradition that a contest of some kind be held ‘conditions ” “ES DID YOU KNOW THAT— The Yankees wouldn't take Bruce Caldwell, Yale star. . . Be- cause he ted upon playing two seasons of pro football. . . And he has a bad arm. . But the same raps was put about The, Wimbledon Hennessey wore striped flan- nels to do his tennis in, . . Ha- gen, Dempsey and Sammy ‘Man- dell use a high tenor when they talk. ... The Babe roars a deep basso. s doesn't talk southern, » Instead of ‘ore,” Tommy Armour Ul right out there, lad- Hagen wouldn't gam- ble on a picce of his latest movie. . He took a half a gee a week fer making it.... Bill Mehthorn has an amateur mustache. . Around a national open cham- pionship you learn there are a lotta limmies in the U.S... Ar- mand uel, the lawyer- fighter, his first five cases in court. PELSCH ET AL PLAY THURSDAY Oscar (“Happy”) Felsch, farce {Chicago White Sox star, Plentywood gang of baseball players visit Bismarck tomorrow to cet ithe G at the Bisma atuletic raid at 6:30 p.m. Fi Hee with Felsch ve star are add ae league tryouts. league stars with the club, b Felsch, are Hruska, former Ameri- | n ociation player; Clarke, for- | Chicago Cub pitcher; Allon, eman for the St. Loui: at one time; and Forman, nati Red pitcher. Pientywood boasts of Scobey, Melrose, and Sioux in the last 10 days. Captain Eddie Tobin plans to pit his strongest lineup against the vaders. - He has not announced his pitcher, though it might be Doc Love. FIGHTS IGHT (By The Associated Press) Bosten—Ernie Schaff, Bos- ton, outpointed Harole Mays, Bayonne, N. a Big Bill ede 3s over ity, Ta! Hartwell, Kai Cc out L, Anderson, Berlin, N. (8). New York — Maxie Rosen- bicom, New York, won over Ted (Kid) Lewis, England, by dis- qualification, (6). Johnny Sherrod, Fort Worth, Texas, and Billy Showers, St. Paul, drew, (8). Floyd Hybert, Cleve- land, beat Johnny Gerardin, Minneapolis, (8). Jackie Stew- art, Louisville, _ outpointed Knowles, Chicago, (4). Mickey McLaughlin, Chicago, defeated Rusty Jones, St. Paul, (5). d, Me, — Tommy laine, defeated Happy Janco, Navy, (12). Joe Phann knocked out Jeff Mason (1). Minors Shy of Material Big league scouts say it is a tough job finding worthwhile ma- terizl in the minors this year which is not owned ‘by some is not already y major and his; r- been for St PAUL MAN LEADS! IN MEET | | Philadelphia, Aug. 1—@)—Frank |Brokl of St. Paul led the pack today as contenders for the national public links go!f championship entered the second stage of the qualifying round. In his first 18 holes yesterday Brokl spun a 75, three strokes be- low Samuel Graham, ¢ Pittsburgh, Karl McAleer, Washington, and El- iott Martin, Jacksonville, who tied econd best. C, J. Lunden, sburgh, was the only other} player to break 80. His score was i. A score of 106 was the highest. Thirty-two competitors will be el- igible tor match play rounds, with indications that 165 for 36 holes will qualify. When late finishers were turning in their scores the gallery showed keen interest in proceedings con- cerning the participation in the tour- nament of two negroes, Robert Ball ae thicago and Elmer Stout of e It was the fii time in the public links championship that the color line had been involved, and for hours the committee in charge considered the ation, Some recommended ‘exclusion of the two contestants, but after long discussion they were per- mitted to compete. Both finished in the low 80s and seemed reason- |ably certain of qualifying. ” BREWERS NEAR = ERROR RECORD |, Chicago, Aug. 1.—@)—If it hadn't i a train, Jack Lelivelt and his ambidexterous Milwaukee | Brewers may have had a black mark chronicled against them in the all- time American association record | book today. |_ At their final 1928 appearance at Louisville yesterday the Brewers |committed no less than 10 errors in a game which was called at the end of the eleventh inning with the score | knotted at 11-all, so they could catch a train for Columbus. If they had played the contest to a decision they making record of 12 established by Columbus in one game on August 29, 1926, | Louisville didn't do a whole lot | better on defensive, committing five bobbles, The game, which was the | mo$t loosely played at Louisville for three years, saw 30 players in ac- tion, seven of them pitchers. It took almost three hours to play it. Old Bobby Veach, who used to win \baseball games for Detroit a decade ago, shot out a single with the bases loaded in the ninth inning, and To- ledo defeated St. Paul 8 to 7 in the only other American association con- test yesterday. Bobby had a perfect day at bat, too, getting four hits and a walk in five trips to the plate. Suits Pittsburgh Fans Fans in Pittshurgh think the Pi- rates will not have a catching bur- den as long as Charley Hargreaves is able to don mask and mitt. Menoken School | District No. 33 will receive sealed bids A 3 bus drivers, Route North, East, a Bi Bus drivers mu bonds, Also bids for Janitor eae 'YAN \nosing out Anderson, University might have shattered the error- | 19) DEFEATED AT SPRINT GAME Percy Williams, ., Canadian Star 100-Meter Winner, Cops 200- Meter Heat TRACK WAS SOGGY Sidney Atkinson, Africa, Takes 110-Meter Hurdle Honor from U. S. Olympic Field, Amsterdam, Aug. 1.—@)—Percy Williams of Canada won the 200-meter championship at the Olympic games today, perform- ing the remarkable feat of winning both of the Olympic sprints, as he captured the 100-meter crown on Monday. Williams’ victory meant defeat for the United States in the first two finals of the day, and again the re- verses were at the hands of repre- sentatives of different sections of the British Empire, the 110-meter championship having been won by Sidney Atkinson of South Africa. In both events the United States held the Olympic championships and | failed in their defense. America’s defeat in the 200-meter final was presaged by the elimina- tion of three of its most prominent standard-bearers in earlier heats, Scholz was left alone to carry the Stars and Stripes in the final when KER STAR |-Yesterdav’s Game ", \, NATIONAL LEAGUE ‘irst sree Fork” Blake, Bush and Hartnett; Fitz- | simmons, Hubbell and Hogan. Second Game Chicago .. bell, Nichols and Hogan, O'Farrel! R Pittsburgh .. oe 5 12 Boston . .. - 11 13 Meadows, Brame, Tauscher an Hargreaves, Hemsley; R. Smith an Taylor, Spohrer. R ~ 18 H 20 12 St. Louis ... Philadelphia 5 Alexander and Wilson; Willoughby, Sweetland and R - 2 H q 10 Cincinnati Brooklyn . 3 May, Lucas and Hargrave; Vance and Deberry. AMERICAN LEAGUE RH 5 5 0 at Washington . Chicago .. Gaston, New York Cleveland . Hoyt, M bowski; Bayne, Levsen, Grant, Mil. jus, Shaute and L. Sewell. Philadelphia St. Louis Charley Paddock and Henry Cum- ming found the pace of the semi- finals earlier in the day too hot and were eliminated, while Charley Bo- rah failed to qualify “Rapa 8 Among others, the sensational Canadian school boy of 19 beat out the defending champion, Jackson Scholz of the United States ,and the German ace, Helmut Kornig. It was the first double Olympic sprint victory since Ralph Craig of the United States and the University of Michigan turned the trick in 1912. The time of the 200 meters was 21 4/5 seconds, one-fifth second slower than the record. As a result of a huddle between |the judges, Rangeley, the Briton, was placed second, with Scholz, the American, and Kornig, the German, tied for third, John Fitzpatricg of Canada fifth, and Jacob Schuler of Germany sixth. Lloyd Hahn, the United States hope in the middle distances, who was beaten badly in the 800 meters yesterday, was eliminated from the 1500 meters today in the second trial heat, quitting 100 meters from the finish when hopelessly defeated. Herbert Boecher of Germany won the heat. Amsterdam, Aug. 1.—()—The first Olympic championship of the day went to South Africa when Sid- eliminated in the first 200 meters high hurdling crown. The hurdle final was sensationally close with the South African pare 0! Washington star, by inches in a final lunge toward the tape. Atkinson’s time, 12 4/5 seconds, equaled the accepted world’s rec- ord, but 1/5 second slower than Weightman-Smith’s time made in semifinal heat. The United Stat jplaced second and third, Collier fin- ishing just behind Anderson. This was only the second time in the nine modern Olympiads contest- ed since 1896 that the United States has failed to win the 110 meter high hurdles. The other time was in 1920 when Earl Thomson of Canada and Dartmouth college won, estab- lishing the world’s and Olympic rec- ord which was tied today. NOTICE TO CREDITORS In the Matter of the Estate of Theodore L. Thorson Deceased. Notice is hereby given by the Undersigned Administratrix of tl estate of Theodore L. Thorson hi of the Township of Lyman in tl County of Burleigh and. ‘State of North Dakota, deceased, to the cred- itors of, and all persons havi: Peiee against said deceased, to bit them with the ne vouchers, within six months aft the first’ publi to said Admin of Scott Cameron in the city of Bi marck in said Burleigh County, or to the judge of the county court of Burleigh County, at his office in the court house In the city of Bismarck is jal Burleigh County, North Da- You are Face further notified that Hon. I. C. Davies Judge of the County Court within and for the County of a de Rect State of North Dakota, has fixe he 19th day of February A. D. toe at the hour of 10 o'clock in the forenoon of said day, at the Court Rooms in the Court House in the city, of Bi marck in said Count; the time and place lor’ eet adjusting all claims —againi estate of said deceased whic! been duly and regularly prensntea as_hereinbefore provided. pated this 24th day of July, A. D, IDA L. THORSON, Administratrix. First publication on the 25th day of July, 1! 8) Ap ing 66th Birthday Connle Mack es the oldest man- ager in the big s. He will be 66 years old on Daeatec Bermos ore dseriag. egies aH will be received until August The rd has a right to reject any or all bids. MRS. PAUL HOLM! PARK E. WOOD. lnite-a5-26-s788-s031 Bane TOM MOORE CICARS Grove and Manion. Boston . Detroit Ruffing, Sorrell. and Hargr: AMERICAN ASSOCIATION RH E St. Paul Toledo .. Kirsch, ton, Tesmer; Barnes, O'Neil. R H E Milwaukee . Louisville .. (Called end - 11 16 1 oe lL 15 th to catch train. Gearin, Jonnard, Sanders and Mc- Menemy; Moss, Sommers, Cresson, Cullop and Meyer, Bird. Kansas City-Indianapolis—Rain. ul Still Uses First Putter When Johnny Farrell worked in Tommy Kerrigan’s golf shop at Siwanoy, he was ziven an old putter by Kerrigan. And he still uses it. Uses Two Sets of Clubs Pitcher Deberry with the Louis- lays golf left-handed led and carries two ville Colonels and right-ha sets of clubs. A. T. & T. LARGEST CO. New York, Ai can Telephone an Yesterday’s Games | H E Pruett Lerian. 5 E 0 Marberry ‘and Kenna, Tate; Blankenship, Adkins and Berg. RH E 1 immons and Hoffmann; e, Polli_and Gas- Stott and rodeo cael ac not sched- ._ 1,—)—Ameri- Telegraph is now the largest privately owned and con- trolled corporation in the world. Its assets of more than $3.500,000,000 are exceeded only by the German English railway systems, which re under government supervision. WEDNESDAY, AUGUST 1, 1928 New York Yanks Turn on Cleveland Tormentors, Winning 12 to 9 PITCHERS ARE Veteran Sorinter Charlie Paddock Is_ Eliminated from Olympics TENNIS FINALS SET FOR TODAY Minot, N. D. Aug. 1—(AP) Rain dripping from leaden skies this forenoon temporarily interrupted play in the North Dakota State and Northern Great Plains Tennis tournament being held here. Play was postponed until 2 o'clock this afternoon, when it was hoped that the courts would be in condition for the cham- pionship matches in the men’s singles, ladies’ singles and the junior singles events of the state meet. E} 0; 0} 1. 3 1 id id in the men’s singles, ladies’ singles, and junior singles events in the North Dakota state tennis meet here, were scheduled for today. Finalists in the men’s singles event are J. W. Wilkerson of Grand Forks, and L. E. Blaisdell of Minot, Mrs. Ethel K. Eddy of Fargo and Helen Gruchella, of Jamestown will play for the championship in the ladies’ singles event and Phil Wool- edge ‘and Hal Wooledge, brothers from Fargo will play in the finals of the junior singles event. Sturtevent and Johnson of Grand Forks, Wilkerson of Grand Forks and H. Blaisdell of Minot, McHose and Tronnes of Fargo and L. Blais- dell and J.Blaisdellof Minot will play in the quarter finals of the men’s double event in the state meeting to- morrow. Play in the northern great plains tourney men’s double event was started yesterday with a few matches played. 3 5 2 i 0 & | Decisions of | Supreme Court J. R. Hamilton, Barents and Appellant First State Bank of Garrison, North Dakota, a corporation, Defendant and Respondent. 1, A judgment against one’ who has been adjudicated a voluntary bankrupt upon a provable claim ex- isting at d e.time of the adjudica- tion, entered prior to his discharge in an action begun after his adjudi- cation, is barred by the bankrupt’s final discharge and he may have execution thereon perpetually stayed. 2. The provision of the Bank- ruptey Act, Section 11 (U. 8. Comp. Stat. 9595), S. C. A. Title 11, Section 29, permitting a defendant who has been adjudicated a bankrupt to stay a suit against him during the pendency of the bankruptcy pro- ceeding, is for his benefit and he may waive the right to take advan- tage of it. 3, Section 7710, C. L. 1913, pro- viding that a person discharged in bankryptcy may make application to the judge of any court of record in which a judgment shall have been rendered against him for a discharge of such judgment from record, af- fords a mean whereby a judgment barred by a final discharge in bank- ruptey may be cleared from the rec- ord so it will not appear as a cloud against any title of the bankrupt subsequently acquired, and does not provide an exclusive “remedy so as to prevent the bankrupt from apply ing for a perpetual stay against the enforcement of any judgment barred by his discharge. Appeal from the District Court of 0 4 ) Minot, N. D., Aug. 1—)—Finals | McLean County, Hon. J. A. Coffey, Judge. From an order sustaining a demurrer to his complaint, plaintift appeals. versed, Opinion of the court by Nuessle, Ch. J. Williams & Lindell, of Washburn, attorneys for appellant. R. L. Fraser, of Washburn, attor- ney for respondent. First State Bank of Grace City, Plaintiff and Respondent vs. E. R. Bradley and The Northern Trust Company, of Fargo, a corporation, Defendants and Appellants. 1. In an action in'ciaim and de- livery, where the plaintiff asks for the return of certain nromerty or its value if the return cannot be had and takes possession of the property, and the defendant executes and de- livers a redelivery bond and has the Property returned to him, and on the trial of the action the court finds for the plaintiff and dttermines the value of each item of property seized and redelivered the surety on the re- delivery bond is bound by the find- ings as to the value of this property seized, though not a party to the ac- tion. 2. In an action against such de- fendant and surety on the redelivery bond, where they defend on the ground that the property was re- turned to the plaintiff in sybstan- tially as good condition as when re- delivered to the defendant, the bur- den of proof is on the surety and the Sane to establish such conten- ion Syllabus by the court: Appeal from the District Court of Foster County, North Dakota, Hon. M. J. Englert, Special Judge. Modified and affirmed. + Ophnion of the court by Burr, J. James Morris, of Carrington, haa Dakota, attorney for respond- ent. Combs, Ritchie & Hanchett, Valley City, North Dakota, attorneys for appellants. Pl PP State of North Dakota, ex rel Paul Campbell, Relator, vs. A. G. Torger- son, County Auditor in and for Ward County, North Dakota, Defendant. (1) Section 854 of the Compiled laws of 1913, enacted as Section 4, Chapter 109, Laws of 1907, which provides, among other things, that every candidate for a county office shall, not less than thirty days and before 4 o'clock p. m. on the thirtieth day prior to any primary election. present to the county auditor a pet tion, etc., is held applicable to ca didates for county offices to be nom- inated in a non-partisan primary election, under Chapter 117, Laws of 1919, to be held at the same time as the party primaries. (2) A repealing clause which re- veals all acts or parts of acts, in so far as they conflict with the new en- actment. or which repeals all acts or parts of acts which are in conflict, is not broader than a repeal by im- Dlication, and it repeals pre-existing legislation on the same subject only to the extent of any repugnancy but no farther. (3) In an act in which no discre- tion is left with the ministerial of- ficer with whom a petition is to be filed. a requirement that the petitior be filed by a candidate before 4 o’clock p. m. on the last day is man datory. srilebas by the court: ‘inal Application for Writ of mus. Writ quashed. Per Curiam. Paul Campbell. of Minot, pro_ se. George Shafer, Attorney General and Charles Simon, Assistant Attor- ney General, for defendant. Mild eno gor |ATISFY means bs Soe oo for or cordon To satisfy, © cigaretse thee Cheutceld » that they are must be made 2s Satisfy * em ce ihe nd of basing ep