The Bismarck Tribune Newspaper, November 26, 1928, Page 10

THE BISMARCK TRIBUNE MONDAY, NOVEMBER 26, 1998 The Washburn Lignite Company, Wilton, N. D., capacity, employing between three hundred and their own train and locomoti When ordering coal buy thi Famous Lignite Coal Miners of the Famous Wilton Coal “It Does Not Clinker” Direct freight service insures our Bismarck patrons of daily deliveries. is now running to full fifty and four hundred men. They have 25 miles of underground track, and also own and operate ive, is LUMP —$gio $385 DELIVERED Washburn 6-INCH DELIVERED Phone 453 ashburn Lignite Company Power Companies Consume 20 Carloads Daily More than 20 carloads of this Famous Wilton Coal are consumed daily by the Otter Tail Power Company, of Washburn, Devils Lake, Jamestown and the Northern States Power Company of Minot Lignite Co. a istelle Romane Pleasantville, N. Y., STREET LIGHT | FUND GROWING xt Saturday. Miss Manville at the pier greeted count was interviewed by newspa- permen, When asked his opinion of Amer- hs ‘ an girls, the count replied: $700 of $900 Quota Secured) “1 have chosen one. She is incom- ‘ r sheictenae | parable.” This Morning for Christmas (P"Count Bernadotte arrived here {with the two sons of the crown |prince of Sweden, The entire party — jwill be the guests of Mr. and Mrs. Approximately $700 of the $900/H. Edward Manville, parents of the id quota for the pur of lights | bride-to-be holidays has been secured. | movement. Decorations with which Bismar street inter- | ees sections in the business district will | ROAD BOOSTER This statement w: this morning by H. P. Goddard, secre- | tary of the Association of Com-| which i: r be decorated during the Christmas| merce, sponsoring the | Five of the 10 cany mitees have reported. ing com- | b nih ativeiter|on arles O. Russell, G. N. D. A. funds was launched Friday, after a! Official, Dies Following meeting of business men interested i in the proposition Thursday might. | Operation Strings of red, white, and green| lights will be strung diagonally | across the intersections. The strings | will be arched to give each intersec- | tion a dome-shaped ceiling of colored | Devils Lake, N. D., Nov. —Charles 0. Russell, 66, vice pres- ident of the Greater North Dakota association, died at a local hospital 6.—() lights. It is planned to have the \jate yesterday following an opera- lights installed by Dec. 5. The tion, "The funeral will be held here lights will be available for use Wednesday afternoon. 4 whenever needed in the future, |W The committee which is in charge of the Christmas tree program meets at the association rooms at 4 p. m. today, Goddard said. Purcell’s Body Lies in State in Wahpeton | Wahpeton, N. D., } The body of former United S' Senator W. E. Purcell, who died Fri- day, will lie in state from two] o'clock this afternoon until the| funeral Tue: morning. Before funeral servi at the church by Father J. Thiel, Knights of Col- umbus will hold a short service at their hall. Active pall bearers were chosen from among the fourth de- gree members of the lodge. Mr. Russell was a member of the Devils Lake school board and was former chief of the Devils Lake fire department. He was known through- out the state for his efforts towards | good ro: He was engaged in the garage business here. Decisions of Supreme Court STATE OF NORTH DAKOTA Kaufman Jewelry company, a foreign corporation, Plaintiff and Appellant rs, vs. R. B. Torgerson, et al, Defendants Th. Torgerson, Defendant and Respondent. 1. Where a party to an action appeals from an order denying a Grimson Sentences 10 Dry Law Breakers Devils Lake, N. D. Nov, 26.—(#)— 'Ten prisoners arrested on liquor vio- lation charges, were sentenced by Judge G. Grimson, in district court here Saturday and e; thur Wallace was giv the state penitentiary at Bismarck, and the others sentenced to Ramsey couny jail. Seven were convicted cf violating the prohibition law while three will serve time for operating motor vehicles while intoxicated. Christianson Favors Gasoline Tax Boost St. Paul, Nov. 26.—()—Governor Christianson today announced his support of an increase of one cent in the state gasoline tax, from 2 to 3 cents a gallon. His announcement followed his declaration two weeks ago that an increase appeared desirable in view of the passage of amendment No. 1, at the November 6 general election, which provides for diverting a por- tion of the present gasoline tax revenues for use in building second- ary roads. “An increase in the tax should be made so that state highway revenues wit not suffer a loss,” the governor said. Church Is Packed to Hear Rev. J. W. Ham » “Walking with God” and “Works of God Four-Square” were the sub- jects of sermons given yesterday peace § and deg at the Baptist church by Rev. J. W. Ham, Atlanta, Ga.,. who is conducting a series of revival meetings here. church was filled to capacity for his sermons. J. Dalbert Coutts, New York City, the special chor which sang 4 - 4 several selecti if the affliction be in existence at Bs selerkions. the time of the accident and te ar Your. Corner of the i ich celerated by the accident the claim- topic on which" Rev. ant may recover. bisa -will speak at 7:30 p. m. toda: bac Atlanta speaker wail give peta] 2. Where urge grounds additional to those presented to the trial court, 2. Where a party commencing an action alleges that he sold goods, wares and merchandise, to the de- fendant, he cannot, under such plead- ing, show that he did not sell to the defendant but that the defendant another. 3. Where the court charged the \jury in harmony with the theory developed by the pleadings and the evidence in support thereof there is no error shown. (Syllabus by the court.) Appeal from the County Court of Increased Jurisdiction of Benson County, Hon. O. D. Comstock, Judge. Affirmed, Opinion of the court by Burr, J. Sinness & Duffy, of Devils Lake, N._D., Attorneys for appellant. Butterwick & Johnson, of Minne- waukan, and Leeds, N. D., Attorneys for respondent. R. A. Pfeiffer, Plaintiff and Respondent North Dakcta Workinen’s Compensation Bureau, Defendant and Appellant. 1, While one, claiming the right to be compensated by the Work- men’s Compensation Bureau for the result of an injury received in the course of employment by one in- sured, has the burden of proof to show that the accident caused or accelerated the effect of the afflic- tion from which he is suffering, and cannot be permitted to recover upon a purely speculative basis, neverthe- less if competent evidence traces a casual connection between the accel- erated condition of the affliction and the accident, and no other cause of acceleration is shown, his claim is not to be rejected simply because the medical profession can only specu- late upon the origin of the affliction itself. Even though the origin of \ | resent knowledge re- garding an affliction is such that it is shown z.. injury could cause such affliction, no other cause is shown, the claim simply because jected as speculati the medical fraternity may be un- able to tell or understand how the injury causes the affliction, or ex- plain the processes through which it ‘Syllabus by the court.) ppeal from the District Court of Count Arrives Marry American ay Count nephew King wn, arrived today the count affectionately after the| new trial he cannot, in this court, | merely guaranteed the account of! such affliction may not be shown, | uf Barnes County, Judge. Affirmed. Opinion of the court by Burr, J. ; Ritchie & Ployhar and A. F. Gref- | fenius, of Valley City, N. D., attor- |neys for plaintiff and respondent. Mr. Scott Cameron, of Bismarck, |N. D., attorney for defendant and appellant. i | | State of North Dakota, Plaintiff and | Respondent, vs. |Karl Luithle jr., Defendant and Ap- pellant. 1. In an action to determine the |parternity of a child the District | Court may permit the jury to return {a sealed verdict. 2. Where the evidence in the |case is conflicting on the material points at issue and the jury in the case found in favor of the state — there being evidence to sustain all jof the material allegations in dis- |pute—the verdict of the jury will jnot be disturbed. 3. The charge of the court as to the burden of proof is not necessar- lily determined by an isolated ex- jcerpt from the charge. To deter- {mine whether the court erred in placing the burden of proof the |whole charge will be examined. In| \the instant case it is held the court did not improperly place the burden lof proof. | (Syllabus by the court.) Appeal from_the District Court of Hettinger County, Hon. F. Lembke, Judge. Affirmed. Opinion of the court by Burr, J. | J. K. Murray, State’s Attorney, Mott, N. D., attorney for plaintiff |and respondent. | Crawford, Cain & Burnett, Dick- inson, N. D., attorneys for defendant and appellant. State of North Dakota, Plaintiff and | | Appellant, |Harry Vogt, Defendent and Re- spondent. 1, A motion for a new trial on the ground that the verdict is against the evidence is addressed to \the sound judicial discretion of the jtrial court and the appellate court will not interfere with the trial court’s ruling unless it is shown \that such discretion has been abused. 2. In the instant case it is held that the trial court did not abuse its discretion in ordering a new jtrial. (Syllabus by the court.) |_ Appeal from the district court of |Renville County, Hon. W. J. Knee- shaw, J., Harry Vogt was convicted \of the crime of rape in the first de- jgree. The trial court ordered a new trial and the state appeals. | Affirmed. Opinion of the court by Christian- son, J. Geo. F. Shafer, Attorney General, | Bismarck, N. Dak., and Geo. I. Rod- |sater, State’s Attorney, Renville County, N. Dak. Attorneys for | Plaintiff and Appellant. E. R. Sinkler and G. O. Brekke, )Minot, N. Dak., Attorneys for De- \fendant and Respondent. ! The State of North Dakota, Plaintiff | and Appellant, | vs. Ed Ehr, Manager of Waverly Cafe, | Defendant and Respondent. 1. The regulation of the hours jof labor for females comes within \the police power of the state and a \statute directed to reasonable regu- lation does not conflict with the due process or equal protection clauses of either the state or federal consti. tution. 2 A statute regulating and lim-! iting the house of labor for women in manufacturing, mechanical or mercantile establishments, laundry, hotel or restaurant, or telephone or telegraph establishments, or in ex- press or transportation companies to eight and-one-half (8%) hours in one day, and forty-eight hours in one week, is a reasonable regulation and limitation in cities and towns of five hundred (500) or more inhabi- jtants. 3. The legislature in 1919 en- acted a law providing that no fe- male shall be employed in any man- facturing, mechanical or mercan- tile establishment, laundry, hotel or restaurant, or telephone or telegraph establishment or office, or in any express or transportation company, in the State of North Dakota more than eight and one-half (8%) hours in any one day or more than six (6) days or more than forty-eight hours Hon. A. T. Cole,}ered without affecting the original | law as passed in 1919. 4, Judicial tribunals avoid the determination of questions as to the jconstitutionality of st-tutes except when necessary. In deciding liti- gated cases the courts will decline as a rule to decide whether a par- ticular provision of a statute is un- constitutional, where they are of the opinion that if such provision is in fact invalid it may be severed from the remaining provisions of a statute, the validity of which alone is necessarily before the court. An amendment which is un- constitutional and which cannot be jsevered from the law attempted to be amended, does not repeal or af- fect the original act, even when the amended act has a repealing clause. (Syllabus by the court.) Appeal from the county court of Ward County, Hon. Wm. Murray, Judge. From an order sustaining demur- jrer to the information the state ap- peals. Reversed and Remanded. Opinion of the court by Burke, J. Geo. F. Shafer, Attorney General, Bismarck, N. D., H. E. Johnson, State’s Attorney, and B. A. Dickin- |son, Assistant State’s Attorney, Mi- not, N. D., and Fowler V. Harper, Grand Forks, N. D., for Appellant. Halvor L. Halvorson, Minot, N. |D., and Lovell & Horner, Fargo, N. D., for Respondent. T.|Dawson Farmers Elevator Company, a corporation, Plaintiff and Re- spondent, vs. Fred Opp, sr., et al, Defandants. Fred Opp, sr. and Arthur Chase, Defendants and Apellants. 1, Evidence that a letter was properly addressed to the addressee, stamped and mailed is sufficient foundation for its admission in evi- dence, but the presumption that such letter was received by the addressee may be rebutted by evidence show- ing that the latter was not, in fact, received and whether the evidence is sufficient to rebut the presump- tion that a letter properly mailed was received by the addressee, is a matter for the determination of the jury. 2. A corporation is charged with notice of facts which were known at the time to its agent who had charge of the transaction in controversy. (Syllabus by the court.) Appeal from a judgment of the District Court of Kidder County, Coffey, J. Opinion of the court by Burke, J. Reversed and a New Trial Grant- ed. Mr. P. W. Lanier, Jamestown, North Dakota, Attorney for Appel- lants. Messrs. Knauf & Knauf, James- town, North Dakota, Attorneys for Respondent. Irving Hulett, Plaintiff and Re- spondent, vs. G. W. Snook, John Merrick, and I. H. Leer, Board Rock Township, Defendants and Appellants. i Where a Board of Township Supervisors enter an order laying out a public highway and awardin, damages to the owner of the. lan taken for highway purposes; and where subsequently the person to whom damages are awarded and the supervisors of the township appear in the district court to which an ap- peal properly lies from the order of the Township Supervisiors (section a i had/93 Fire Alarms Keep in such court of all the issues in controversy without objection and express assent and partici- rties, a party who in such trial cannot, after the trial has been completed 1985 C. L. 1918) and a trial is with the ition of all as participal and the verdict returned, be to say that no valid ap) termine the controversy. (Syllabus by the court.) Appeal from the district court of Grant County, Berry, J. Affi: irmed. Gini of the court by Christian-| Temamine ne son, J. Jacobson & Murray, Mott, N. D., Astornays for Defendants and Ap-| DIAMONDS—Direct from utters ts. Bonler & Sullivan, Man- dan, N. Dak. Attorneys for Re- pel Sullivan, spondent. in any one week, proviied, however, that this Act shall not apply to fe- males workii a rural flares exchanges or ages or towns less than five hundred (500) popu- lation. This law was reenacted in 1923, 1925, and 1927, without cl additional fn't02s, iggp and 1 J, may be sev- The National Cash his Saved pany, a corporation, plaintiff appellant ery fendant and respo! 1. On ana from a judgment «ia rere at's hehe court under section Haeh, Bupplensent te! C.'Le 1918, e- entered on , | Crookston. of Supervisors of Pretty Rock Township and Pretty | 1 has been taken from the determination of the Township Supervisors and _ that, |s5; consequently, the district court was without jurisdiction to hear and de- Com- and it, vs. Midway City Cream- Company, a corporation, de- indent. view the ruling of the trial court on a motion for a directed verdict with- out a motion for a judgment not- withstanding the verdict having been first made in the trial court, when the entire record is before the court, and if it appears therefrom that there was no question of fact to be submitted to the jury the court will | order judgment notwithstanding the Iverdict for the party entitled | thereto. 2. It clearly appears from the record in this case that there was no question of fact to submit to the jury and the plaintiff is entitled to judg- ment notwithstanding the verdict. (Syllabus by the court.) Appeal from the district court, Eddy county, Hon. J. A. Coffey, judge. Reversed. Opinion of the court by Burke, J. Manly & Manly, New Rockford, N-D., attorneys for appellant. N. J. Bothne, New Rockford, N, D., attorney for respondent. BUS COMPANY CARRIES MAIL Interstate Transportation Com- pany Is Awarded Contract by Government The Interstate Transportation company buses will begin carrying mail Dec. 10, according to J. G. Be- langer, general manager. The transportation company oper- ating between Minot, N. Dak., and Aberdeen, S. Dak., has contracted to carry six lock-pouches of first class mail from Washburn, Underwood, Wilton, Max, and Coleharbor into Bismarck every day except Sundays. The mail will be brought here to ° & pipcert on Northern Pacific trai “| No. 4, . Two pouches from Wilton and on each from the other cities are in- cluded in the provisions, Word that the contracts had been accepted by the United States postal department reached Bismarck today. The transportation company’s bid on the service was approximately $3,600 a year, Belanger said. First class mail will also be car- ried both v:ays between Max and Minot by the company buses begin- ning Dec: 10. The company has also placed a bid for the privilege of carrying ‘parcel post, registered, and special delivery mail from the same points, Belanger said. If this bid is accept- ed by the postal department, the revenue oi the Interstate Transpor- tation company for carrying mi will be about $7,000 annually, Be- langer said, The bus company is contemplating bidding for the privilege of carrying mail to and from other points on its {Personal and Social News of Mandan Vicinity ' Audrey Melton Is . Bride of H. Hagen Miss Audrey Melton of Crookston, Minn., formerly of Mandan, became the bride of Harold Hagen, son of Mrs. Anna Hagen of Crookston, last Thursday at a pretty ceremony at the Norwegian Lutheran church in Crookston, Rev. P. E. Moen reading the marriage service. Attendfing the bride were Miss Geraldine Black of Grand Forks, as | maid of honor, and Mrs. Dale Melton, sister-in-law of the bride, as brides- maid. Both wore queen blue satin crepe and carried pink roses. The bride’s gown was fashioned of white satin trimmed with lace and | route, Belanger said. brilliants. She carried a shower bou-| A new observation bus will prob- quet of rosse and lilies-of-the-valley. | ably be put into service Thursday or Adolph Hagen, brother of the | Friday, he said. groom, and Oscar Knutson of War- | oo ren, Minn., attended the groom. Thinks Poison Is Salt, Sprinkles Apple, Dies After the ceremony a wedding dinner was served to 50 guests at the home of the bride’s mother, Mrs. 4 Doxa Melton. Austin, Tex., Nov. 26.—(®)—Ken- neth M, Hall, 18, Texas university student, was dead today because he mistook poisonous crystals for salt Mrs, Hagen is a graduate of the Mandan high school and was em- and sprinkled them on an apple he was eating. ployed in the office of the county superintendent until this fall, when Ezra Meeker, Oregon Trail Blazer, Is Ill she and her mother moved to Seattle, Wash., Nov. 26.—(AP)— The condition of Ezra Meeker, 97- year-old trail blazer of the north- west who is serously ill at a hotel here, was repo! today by physic- ians as unchanged. Relatives held little hope for his recovery. The pioneer came to the Pacific coast from Indiana in 1852, arriving in Seattle when it was but a tiny o—— Mr. Hagen taught history and so- cial science in the Mandan high school last year. Recently he became editor and manager of the Polk County Leader of Crookston. oe 8 Mrs. R. W. Keller is seriously ill at her home with an attack of flu. Her son and daughter-in-law, Mr. and Mrs. Ralph Keller of Fargo, have arrived to be with her. o* Mr. and Mrs. Dewey Peake were honored at a surprise party at their home Friday evening. rds - and dancing furnished the entertainment for the evening. iN L. B. Hanna, former governor, who spoke at the Legion meeting at Stanton Friday evening, lias re- turned to his home at Fargo. * * The play, “Wind in the South,” will be given this evening at the Palace theatre by the Junior Play- makers of the Mandan high school. Twin City Men Busy Minneapolis, Nov. 26.—(?)—Min- neapolis firemen responded to 93 fire alarms over the week-end as winter’s first cold spell whipped heating lants into such fury that chimneys urned and roofs were set ablaze by ks. The monetary loss was compara- tively small. Too Late to Classify WORK WANTED—Painting, paper decorating, any kind ny kind of work L. G. Knowles, 100 Thayer A’ and irae is the reason we sell beaut diamond rings at great sa ou. or eas: I. ments, all Transactions confide : tial. and retail. James ‘W. Marek, exclusive diamond deal- 4 Office south of Hotel Prince, giving, dressed,. 24c Orders must be in b; evening. Phone 12-F- settlement. In 1906 on the 54th an- niversary of that hazardous trip, he again traveled over the old Oregon trail with an ox team and wagon. He made a third trip in 1910, and a few years ago crossed the country by airplai 9-Year-Old Boy Dead from Football Hurt Sour Lake, Tex., Nov. 26—(AP) —Thomas David Rice, 9, died here yesterday from concussion of the brain caused by a blow on the head received in a ward football game Saturday. Penn State’s Runner Loses Record Chance New York, Nov. 26.—()—The in- tercollegiate cross country cham- pionship was won today by Jimmy Reid, Harvard captain, in a sensa- tional race in which Bill Cox of Penn State, winner for the past two years, finished third. Francis Lindsay of Maine was second. The Harvard leader was timed in 80 minutes, 11 seconds for the six mile Van’ Cortlandt Park course, only five second short of the college record made by Cox. Kills Mother to Stop - Sorrow in Own Suicide Chicago, Nov. 26.—(AP)—A cor- oner’s jury has decided that Roscoe Henness, a farmer, killed his aged mother to save her from the shock of his own suicide. Henness killed himself here Satur- day. Neighbors, driving to his home near Scotjand, Ill, to notify his mother, found her dead and a bul- let in her head. It was the same size bullet Henness had used to kil! himself. The circumstances surrounding the two deaths, in the opinion of Coroner Harry Lycan of Edgar county, were such as to justify a verdict linking Henness’ death with the slaying of his mother. Cleveland Pair Win Bridge Meet Honors Cleveland, 0., Nov. 26.—(AP)— Maurice Maschke, Cleveland, Repub- lican National committeeman for Ohio, and Mrs. Ann Rosenfeld, also of Cleveland, won the mixed pair championship at the final session last night of the second annual con- gress of the American Auction Bridge league. Winners of the contract pair championship of the United States were Baron Waldmar Van Zedtwitz of Austria and Theodore Lightner of New York. The, contract team championship ‘was undetermined, a team represent- ing the Cavendish club of New York having tied with a Chicago team. It + was left to the committee to decide eae team is to be awarded the itle, A Maine woman, 106 years old, attributes her long life to the fact that she has always minded her own business. Reformers will say she has paid a terrible price. from colds may lead to 8¢- tious trouble. You can stop them now with ion, an emulsit creosote that is pleasant to take. 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