The Bismarck Tribune Newspaper, January 23, 1929, Page 7

e WEDNESDAY, JANUARY 23, 1999... ANERIGAN LEGION T0 ~ DISCUSS CAMPAIGN LLoyd Spetz Post Will Entertain ck Legion Scout Troop at BA Meeting Tonight +4 "3 2 ieeets ‘Argentine Flax Crop Becomes Farm Asset Buenos Aires, Jan. 23.—()}—Argen- tine flax has been going up in smoke Porkers for. Byrd Supplied by Boys Norfolk, Va., Jan. 23.—(?)—Two Virginia boys have an unusual inter- est in. Comm. Richard E. Byrd’s antasctic expedition. They supplied seven porkers to be used for breeding purposes at the “bottom of the world.” Prior and David Gimbert of Princess Anne county, members of a boys’ pig club, exhibited some fine Poland China hogs to Commander Byrd’s agent when supplies were being as- sembled at Hampton Roads. They were declared well suited for breeding Purposes and six gilts and one boar Were loaded aboard the whaler Larsen for the long voyage. Ideal Beau Must Have Job, Say Atlanta Debs Atlanta, Jan. 23—(AP)—A serious- minded man who sends flowers, who does not dance with his eyes closed, ® man who has a job, a sense of hu- ait 3 este eee af Fe Southern University Has Inviolable Code Aa : Lexineton, Va. (AP)— Di ited Washi ) Had, Lee foam tip Ucesk pilcngras hee ie would have ended niet Jone “ J found delight in the confidence of te student body have in their fellow midnight lunch table, well stocked and bearing a card with aeninee. ae nouerte be ok next fo a ee of coins wi student owner collects. It is all profit, for there is overhead. te is of apples and boxes of juts are Heewise sold on the bs yourself”~ plans: by ‘students * working their way through college. ‘The owners. re; good profit with no losses a ited to theft, Foot- Fal aeadzos worth $125.00 were sold luring one game ey aes unattended in the crowd for ‘many f ee enteral Speaking in an auricular way, not think of this new earring? Olga Baclanova, young Russian NORTH DAKOTA WEL CANAAN ARTS to mention exotically, what do you who is doing quite well in the movies, is shown here wearing it. Tricky Cigarette Lighter Fools Buyer, But Suit Gets Money Back Harassed owners of spluttering, flickering, sparking and too fre- quently unresponsive cigarette light- ers—take heart. There-is justice. Per Upsahl, Minneapolis, proved it. The man who sold it to him said it was a good one, too. It did not work. Every time Upsahl' spun the jigger, the lighter did one of several things, and none of them satisfactorily. So sued the man who'sold him the lighter. And Friday he won his suit. “I consider this a great victory for cigarette lighter owners,” Judge Levi M. Hall asserted as he left the bench in conciliation court today, after handing down the decision in favor of Mr. Upsahl and against the man who sold him the lighter. Mr... Upsahl last. September bought & cigarette lighter from a jeweler. The jeweler assured Mr. U| that it was a $10 lighter, one of the best. As a special favor he let Mr. = | Decisionsof . | Supreme Court | _——$—$ $$$ 9 State of North Dakota Mary Black, Jane Ball and Mary Jane Cunningham, Contestants-Plaintiffs-Respondents vs. Vera Helen Smith and Jay Brand, Contestees-Defendants-Appellants. (1) Where a will is contested on the ground of lack of testamentary capacity, there is a presumption of sanity and of capacity, and the bur- den of proving lack of capacity is upon the contestants. : Hedderich, 18 N. D. 488, 123 N. W. 276; Edwardson v. Gerwien,.41.N. D. 506, 171_N. W. 101.) (2) In the instant case the de- ceased, at the time the will was made, was seventy-eight years of age. There was evidence that he had been failing rapidly both mentally and physically; that he had become. exceedingly for- getful; that his ability to form ra- judgments t ffl seeege G2 ieee Fy A g B i § + g E af EE auld ie i fl gg also, evidence | Upsahl have i€ for $3.50. In court today the bailiff read off the case. “What is this case?” Judge Hall asked Mr. Upsahl. “It’s about a cigarette lighter,” he replied. The judge leaned forward. The bailiff gritted his teeth and felt in his vest pocket. His was there, He clinched his fist. “I bought the Hghter from this Jeweler,” Upsahi told the court. “It was all right most of the time when I was alone. It worked every so often when there wasn't anyone watching it. But when I got in a crowd, I'd flick it’ and twirl it and twist. it and maybe it. would flicker a little bit, then go out, or maybe it would just spark and sometimes it wouldn't spark at all. Then I went back to the jeweler and he wouldn’t do anything about it.” Asked by the court what he wanted, eee said he wanted his money “The court awards the verdict te the plaintiff. You shall have your testator had unknowingly inherited immediately before the execution of the will. (8) Where the evidence proving the execution of a will is undisputed and the only issue concerning the execution is involved in the question of capacity, the question of execution should not be submitted as a distinct issue warranting a general verdict for the contestants. (Syllabus by the court.) Appeal f: the District Court of unty, Hon. C. W. Butts, Judge. Reversed and new trial granted. Opinion of the court by Birdzell, J. H. P. Thomson, Cavalier, N. Dak., and George A. Bangs, Grand Forks, N. Dak., attorneys for Appellants. H.C. DePuy, Grafton, N.. Dak., H.B. Spiller, Cavalier, N. Dak., torneys for Respondents. Harry Clooten, Goldie Clooten, Plaintiffs and Respondents, vs, J, A. Wang, et al., Defendants. J. A. Wang and L. R, Baird, Re- ge Y AG i i z £ el & un 5 : i paitust i g i I fall ba WATER IS PLENTIFUL Worry About Water Supply Shortage Needless for Great Many Years in State turers’ representative and this after- noon Fred T. Cuthbert of this city will discuss the law as it relates to ground water and the driller, and also compensation insurance. Various members of the association will brought to a close with a motion pic- ture illustrating the gtory of the rotary oil well. The annual banquet will be held tonight, with Howard O. Williams of Minneapolis, editor of the Howell Well Drillers News, as toastmaster. Officers of the association will be elected at the closing session tomor- Tow. North Dakota Change of Time Recommended With three committee members voting against it the Senator Martin bill for change of time west of the Missouri river to central standard time was recommended to the senate for passage today by the senate state affairs committee. Those voting against the measure in committee were Senators Wog, Billings county; Fredrickson, Nelson county, and Pat- terson, Renville county. Opposition to the bill was based on its disadvantages to the farmer and to the schools. It would put the farmer's noon at about 11.a. m. “sun time,” Senator Wog held, and would make it necessary to change the time for opening of schools to 9.30 a. m. A. W. Furness, secretary of the Mandan chamber of commerce, ap- peared before the committee urging passage of the measure on behalf of the Mandan business men. Radium Talk Marks Rotary Luncheon George F. Dullam spoke on Rotary ethics at the Rotary luncheon today. The realm of radium in the cure of diseases was stressed by Dr. V. J. La- Rose. Dr. LaRose also spoke on the X-ray possibilities as an aid in med- ical science. An electric stereopticon machine was used in illustrating the subject of X-ray. Visiting Rotarians and guests were: Bert McInnes, Fargo; G. W. Hawes, Minneapolis; Julius Baker, Fargo; Larry B. McLain, Jamestown; Sen- ator Walter Bond, Minot; Senator W- 8. Whitman, Grand Forks; Senator Roy Baird, Dickinson; Senator James G. Forbes, Wahpeton; Otto Bauer, Mandan; W. W. Fuller, Fargo; Clar- ence Klocksen, Milwaukee; and R. R. Rust. HISTORICAL LEGACY Washington, Pa. (AP)—Letters purported to have been written by George Washington, Thomas Jeffer- son and Benedict Arnold are ‘among documents and papers bequeathed by Mrs. Carrie Morgan Reitsch, who died here recently, to her son, Wil- liam Duane Morgan of New York, DOLLED HER UP Rockland, Mass.—(?)—A new test of skill was imposed on a barber here When a woman brought him a big doll and asked that he give it the latest type of bob. Wednesday night dances at the Dome discontinued until further notice. f Stage Beauty Who | _Eloped Is Divorced | —~ . _THE BISMARCK TRIBUNE Holding the baby is Harvey L. Smith, former private detective and evan- gelist, who has been placed on trial at Elkhart, Ind., for the murder 0: Gent vieve Stults, South Bend beauty parlor operator. Smith has admitted recei' ing $50 from Mrs. Jane Reyher of South Bend, on condition that he get Miss Stults out of town and band, but he insists he lus break up an alleged romance with her hus- id the money to two other men who took Miss Stults away Her body was found in a lime pile near Elkhart The baby is Smith's 10-months-old son, Robert Joyce Smith, and beside him is his wife. Sheriff Glenn P, Banks is in the rear. ‘Grows’ Violins: to Have Excellent Tone Jacksonville, Fla—(?)—J. E. Er- skine, Jacksonville patent re- search engineer, has just “grown” @ violin in his laboratory. Within a glass cast the shape of a violin Mr. Erskine grew a gourd. When it had completed its growth the cast was broken, the gourd re- moved and polished to transpar- ency. The gourd was lacquered and strung, and Mr. Erskine said _ the instrument had a beautiful tone. . He said he got his idea several years ago when working in a lab- oratory where calabash pipes were made. Erskine reported recently he had sold the violin at a fancy . figure and contemplated growing more violins, as well as other string instruments. Small Town Provides Own Entertainment Pulaski, Tenn. (AP)—The census gives Pulaski only 2,780 inhabitants but despite its modest size, this town has accomplished something which many a city with a population in six figures has not yet done. The Pulaski Little Theater Guild has produced successfully a play written by one of its own members, dealing with a dramatic incident of the town’s history. From the windows of his law of- Aown on the courthouse square to the spot where Sam Davis, boy hero of tHe Confederate armies, went to his death on a scaffold because he would not reveal from whom he had ob- tained valuable federal secrets. Stimulated by the boy’s heroic sacrifice, Rhea worked out a play which mingled a hazily recorded love affair with the well established rec- ord of Davis’ military career, ended before he was 21. When the play was produced, au- thentic costumes of the period, Con- federate and Federal uniforms taken from a museum, the sword used b Sam Davis and the manacles whic clasped his hands, added to the lit- erary qualities of the production, New Stockholders Are Regarded as Desirable New York, Jan. 23.—()—Industrial corporations, which have made many changes in their corporate minds and methods in the past few years, at last have recognized new stockholders as real assets—also as potential pur- chasers, An increasing numbér of corpora- tions is adopting the practice of wel- coming new stockholders by letter. | Many enclose literature describing the corporation's plants, products and prospects. Recently one corporation began sending with its friendly letter of welcome a “stockholder’s packet” containing samples of its products and the suggestion that the stock- holder, learning the quality of the products, might wish to become a fice, J. David Rhea daily looked | user. | ‘$50 Murderer’ Goes on Trial . , - Speakers and Quartet. Set to Go at Annual Dinner of A. of C; Regular eiee EE 1 cu Eg i ip 8 B Hi tt il & | | composed Hum- F i i : ; E E f phreys, G. E. Wingreene will sing. Secret of Happiness Lies in Baldwin Home Kidderminster, England.— (#) —The home life of Stanley Baldwin, British prime minister, and Mrs. Baldwin been a happy one, and the mayor of Kidderminster believes he has discov- ered the “secret of it. On a recent visit to this city, famous for its carpet manufactures, Mr. Bald- win was presented with the freedom of the city and his wife was given a bed weighing 200 pounds. motto: “Retire each evennig and survey The various actions of the day. Whatever has amiss been done Take care in future time to shun.” All-American Turkey Show Talks Planned Grand Forks, N. D., Jan. 23.—(®)— Two talks by Dr. W. A. Billings of the University of Minnesota are among the leading educational feat- ures of the sixth annual All-Ameri. can turkey shows which will open here on Monday, according to the program given out by G. W. Hackett of Minneapolis, manager of the show. The educational program will be opened on Monday evening with ex- temporaneous talks by breeders and judges. “New and old experiment station results with turkeys” will be the topic of an address by Profes- sor O. A. Barton of tht North Da- kota agricultural college of Fargo.. Other talks will be given by Max Morgan, Miss Clara Sutter, Sara Reitz of Chicago, and William H. Lapp of Chicago. The largest number of entries ever exhibited at this show are expected to be cooped on Saturday when the show birds arrive. . LINTON GETS CAFE Linton, N. Dak., Jan. 23—Linton soon will have another cafe. It will be opened by Mrs. Koch, Isabelle, 8. nee in the Willows block basement ere. Here is a challenge that rings with fulfillment. Its bid is to all who would own the best, and no car is excepted. In Fast Getaway—against the champions of any price class. In s Speed—anything the road offers up to 70 miles an hour. Ia yy Endurance—60 miles an hour all day long thousands. In Hill-climbing—give it the hardest task you know. ‘In Size ‘and Roominess—miatch with big cars of large passenger is being proved: by Ar > capacity. In Appearance and Smartness—compare it with the costly cars, in which high price is paid for just those things. In Economy —against small light cars, whose chief appeal is economical operation, and which do not contend for distinction. formance "These are but a few of the 76 ad- - vanced features which a million Super-Six owners are appraising in Essex the Challenger. examine and drive it. It will not - Super-Six Motors, | Come ¥ - per- dom may offer. Hear the radio Program of the “Haden: aie ee es three weddi: and been in seven divores suits. vorce obtain: tition, ing a d vurce on @ second cin first wife then were re-n ried, Peekskif, N. Y.—Because of the local fire department him permission to sleep in quarters for the night, Maco turned in a fire alarm to Prevent them from sleeping. The judge gave Glenn 30 days to catch up with his sleep. i NICOTINE LURES A DEER ; Anchorage, Alaska.—(P)—A Some! reindeer here noses into pockets H devours the it obtains, The; animal will eat as often as tobacco! is supplied. ace ee mon council learned when it had ta | appropriate $6,765 additional because. 93 per cent of the electors listed went; ¥ to the polls election day. } a abeethes cn RHEUMATISM ents in erence witlt ates thousands of ‘Rheumatic have used with wonderful prescription cost me ask nothing for it, I you will send