The Bismarck Tribune Newspaper, April 4, 1929, Page 8

Sesencece aa reer. Perera PAGE EIGHT AVER VOLSTEAD ACT HAS BEEN REPEALED Liquor Case Appeal Contention Is That Campbell Act of 1921 Nullified Law Sioux City, Iowa, April 4—(7)—A plea that the Volstead act has been automatically repealed by subsequent legislation and that in consequence there is no national prohibition en- forcement law, has becn made to the! United States circut court of ap- peals by counsel for Marie Bevington. Sioux City hotel proprietor. | The law firm of Goltz, Schuyler | and Brown base their appeal on the contention that congress, by passage of the Willis-Campbell act in 1921, automatically repealed the Volstcad act. The attorneys, in their appeal. argue that the Willis-Campbell act reenacted all internal revenue laws of the United States applicable to intoxicating liquors for beverage pur- poses which previously had becn re- pealed by the Volstead law. They contend further that since the su- preme court has held that passage of the national prohibition law auto- matically repealed this portion of the internal: revenue law, the reenact- ment of that law under the title Wil- lis-Campbell act would in turn re-/ peal the Volstead act. | It’ was indicated that Mrs. Beving- | ~ ton plans to carry the case to the! s supreme court, if necessary. CENTER PLANS 10 REORGANIZE CLUB (Special to The Tribune) Center, N D., April 4—Center will} Teorganize its community club during | @ rally here April 18, 19 and 20, when | Dr. Frank R. Weber and Frank Jones, national community service experts, give lectures here. The Center community club will be affiliated with the state association of clubs being formed by the experts. The Center club has been organized for many years. The city boasts of @ G9-piece band, directed by D. R. Welles. The city has had a band for 25 years. The city also has a com- munity hall, which was constructed in 1921. Music, free motion pictures, dances, ‘and sports will make up the special features of the three-day rally. ‘The committee in charge of enter- tainment and the program is made up of Burton Wilcox, H. H. Cordes, Henry Stewart, Otto Schultz, C. F. Skubina, William O'Brien, and Peter Boehm. Officers of the club follow: E. H. Johnson, president; B. B. Coyne, sec- Tetary; Mrs. D. R. Welles, president of the Current Events club; C. J. Rapsavage, publicity manager; H. L. Barchenger, E. C. Hagerott, Clarence Scherer, D. R. Welles, and E. F. Mutchler, trustees. eesceeeeeneeeenenee if Supreme Court | ° Nathaniel B. Voter, plaintiff and re- spondent, vs. George A. Newsalt and ¥. L. King, defendants; George A. Newsalt, defendant and appellant. 1. Where a surgical operation is performed on a patient in the office of a chiropractor and in his presence, and the testimony is conflicting as to his connection therewith, but there is testimony which if true shows the chiropractor recognized the patient as his patient, assisted in the opera- tion, and took charge of the patient thereafter, the verdict of the jury tinding the chiropractor liable for the damage sustained by reason c: such | ™ operation will not be disturbed. 2, The court should submit to. the Jury the issues arising on the trial and the practice of reading the plead- ings in their entirety to the jury, as B part of the charge of the court, is condemned; but such reading is not necessarily reversible error. * (Syllabus by the court.) Appeal from the district court of Cass county, Hon. A. T. Cole, judge. Opinion of the court by Burr, J. Affirmed. Weston, LaBree & Shafer and T. D. Pierce, of Fargo, N. D., attorneys for Plaintiff and responden’. A. G. Lacy of Fargo, N. D., attorney for defend- ant and appellant. Leo-J. McDonald, administrator of the estate of Hans Iverson, deceased, plaintiff and respondent, vs. First National Bank of Steele, North Da- kota, defendant and appellant. 1,. Under the laws of North Da- kota (C. L. 1913, sec. 8738) an action founded upon contract may be main- tained by an administrator in all cases and in the same courts in which the same might have been maintained by the intestate. 2, It is not necessary for an ad- Ministrator to obtain the permission of the county court which issued let- ters of administration to him to in- stitute such action. The provision in ¢’ stion 8801, C. L. 1913, that, “an ex- ecutor or administrator may under id | a [__ Going to France _|/THVENOW’S RETURN} 1929-30 session. tuition and living expenses for the academic year beginning Nov extending through June 30. commissioners r tention is clear. factories, building. latter governs. spondents. o-American exchanze scholarships for study at the Univer- sity of Toulouse, France, during the th enactment is a ratification of their action and, for practical pur- poses, it is unimportant whether the were authorized to evise the law in question by the ad- ition of new provisions. (In re Hen- ricks, 5 N. D. 114, 64 N. W. 110.) 2. Where a subsequent statute re- | vises the whole cubject matter of for- mer enactments and is intended as a substitute therefor, the subsequent act repeals the former and is alone sub- ject to construction, but the original statutes may be resorted to to aid in construction if the language used in the revision gives rise to a substantial doubt as to the legislative intention. 3. Canons of construction are re- sorted to to aid in ascertaining the meaning of the legislature and not to confine a statute within narrower limits than is clearly intended. The coctrine of ejusdem generis is such a rule of construction and necd not be resorted to where the legislative in- 4. Section 2977, Compiled Laws of 1913, which provides that all hotels, public halls, other buildings over two stories in height shall be equipped with fire escapes, is construed and held to re- quire fire escapes upon buildings more than two stories in height where they are subjected to a use that con- templates the presence of numbers of persons in the upper stories. apartment or flat building is such a 4. A provision in a city charter. section 3818, paragraph 39, Compiled Laws of 1913, which confers upon the board of city commissioners power to legislate “for the construction of fire escapes,” is to be construed in connec- tion with section 3799, Compiled Laws of 1913, and, so construed, it is held tha. the ordinance of the city must be consistent with the state law, and if not as broad as the general law the (Syllabus by the court.) Appeal from the district court of Cass county, Hon. M. J. Englert, judge. Orcer affirmed. Opinion of the court by Birdzell, J. Conmy, Young & Burnett of Fargo, attorneys for appellants. Richardson & Wattam of Fargo (W. G. Green, St. Paul, of counsel), attorneys for re- TO FIELD IS Lakeland, Fila. lematical today. rented plunged off tween here and Winter Haven. Har- old Elliott, Philadelphia pitcher, suf- shortstop’s face wa: soon, Congressman rded one of er of Mrs. Hanson. from the state penal supreme court. havior. |tigation of a half of discussion, offices and] plot. facts.” An formation of fat. natural element that ern, scientific are seen everyw! what so many have gist for a $1 box of what it means to you. _— EE eeOecO0V0VeEeEGESGSGESGSQeEeeEE Coming! Albert’s Big Trained Animal Indoor Circus Saturday, April 6th to the AUDITORIUM Afternoon and Evening — 2:30 p. m. and 8 p. m. There will be trained bear, monkeys, goats, dogs, great strong man act, also wire walkers, trick bicycle riding, juggling, cartoonist. Don’t fail to see Mr. Albert’s wrestling Jerry, the big 500 Ib, wrestling bear. A Big Two-hour Guaranteed Show Admission: Matinee, Children 25c; Adults 50c Evening — Gallery 25c; Balcony 50c; Main Floor 75¢ ANNOUNCING OUR NEW FREE Protection Service on Fisk Tires Now, the tires you buy from us are fully protected for one entire year. AGAINST— CUTS—BLOWOUTS—WHEEL - MISALIGNMEN’ —BRUISES— RIM CUTS — NEGLIGENCE — AC- CIDENTS—OR ANY ROAD HAZARD—Full placement if Needed. This service is possible only through our ‘contract with the Tire Replacement - poration. It’s FREE to you—use it! Whether Tommy Thevenow, adelphia national shortstop, will be back in the game this year was prob- His jaw and bones were broken when a car he had fered injuries of minor nature. IKIDNAPED AMERICAN +| WILL BE FREED SOON Walla Walla, Wash., April 4.—(7)— Henry B. Hanson, an American min- ing man held prisoner for more than a month by bandits in Durango, Mexico, was expected to be released mers of Washington notified Mrs. Della Arehart of Walla Walla, moth- 9,000 pesos was required, of 2,000 has already been paid. The It amounts to free) balance of 7,000 is | Representative Summers said the State department advised him. Anti-Saloon Leader Leaves Penal Farm Putnamville, Ind., |p. S. Shumaker, superintendent of the Anti-saloon league, was released ing after serving 53 days of a 60-day sentence for contempt of the Indiana Seven days were stricken off the sentence for good be- Filibuster Charged In Long Impeachment Baton Rouge, La. The Louisiana house of representa- tives started its second day of inves- impeachment _ charges against Governor Huey P. Long to- day with an extended argument about procedure. After an hour and buster was made by Representative J. ¥. Sanders, Jr., against whom the governor is alleged in one of 19 charges to have attempted a murder | Sander declared that Long's | friends were “trying to keep down the | Twenty-six candidates are seeking the Republican nomination for jailer of Perry county, Kentucky. Twenty of them are named Combs. STOP THE FAT AND GET THIN The to reduction is to stop the way lu ‘0 stop found that way—by turning your food into fuel and energy—by supplying a thelpe do much better than starvation. That mod- method i Marmola prescription tablets. People have used them for 20 years—millions of boxes of them. Now the slender figures, new beauty and vitality, Each box of Marmola contains the formula, also the scientific reasons for results. So know the eff beneficial, and why they all. race Learn about it. Do it now. BANE OE ALTE DLR ETRE, CO EET THURSDAY, APRIL 4, 1929 eeting of the Parent-Teacher ssso- iI be merged with those of Golden Valley Has Glation at MeKensle last night. she | the North Dakots’ Power and Light Community Ral ly | plans a trip to Rstherville this after-| company. ‘The men are K. L. Larson, noon. Edward Burns, Axel Jonson, Rich-w | (Special to the Tribune) o Golden Valley. N. Dek., April 4. Dr. Frank R. Weber, national col ari Coz!cy, and Fred Hettick. nity service expert, gave two lec: Butcher Is db ed; munity service expert, gi 4 Two Bismarck pastors recently have| tures here Tuesday as a feature of Locked m Cooler young man from Winnemucca, Nev.,|resigned their positions in the city to Golden Valley's community rally. — He spoke to the school children on was advised today by Judge F. L.!take other positions, it is announced) «rhe Economic Value of an Educa- Minneapolis, April 4.—(#)—Trapped pdb tng by the Bismarck Ministerial associa=| tion” and to adults on “The Chal in the Spee i 7 ate shop, e young man was Robert Ginghy. |tion. lenge of the Farm and Small Town. Boleslaw wae kay mid ts captain of his home town basketball! They are Rev. Fred E. Klein. pas-| “yfusic for the day was furnished by $250 by a bandit ard locked team, competing in the University of |tor of the German Baptist church, | tne Golden Valley band. refrigerator where he remained a Chicago tournament. The charge was jand Rev. C. A. Stephens, pastor of the! The committee in charge of enter- prisoner for half an hour today. dis irbing the peace. First English Baptist church. tainment and the procram was made The imprisoned butcher was re- lonestly, judge, we were only| Rev. Klein will become pastor Of/ uy of Charles Scharf, J. H. Isaacs, leased by Mike Ryan, a salesman, making whoopee,” pleaded the cap- | the German Baptist church at Wash-| ang Burt Onstott. : who heard him pounding on the door, tain who with his teammates, was|purn, it is announced. : ieee alaed Bi ier silk Voy Rev. Stephens will take charge of] i andkerchiefs and 10 gallon Lats, just at of tl a eats aS = the educational departmeat of the { City-County Bri iefs | He is making his headquarters in Bis- | ®@ ~~~ — & like rodeo. stars. Anti-Saloon League in North Dakota. preterit “honesty and in- denator W.E. Martin of Morton tegrity” of the boys had been testified | marck at the present time. ator W. E. to in telegrams from Governor Fred aes letter received by the secretary pad hu! and Rati to i Hag B. Balzar of Nevada and H. M.!o¢ the Bismarck Ministerial associa- sta Sie ai (ol ie ath alias “1 Naa ek the Tee ar etiand | en 2 OS ERNE ON follows: i toward leniency. “, cetin; “I'll let you go this time,” he in- is eects eto kitd Seating Miss Madge Runey, Burleigh coun- formed the troubled young man. I was instructed by the brethren to ty superintendent of schools, made a write you expressing the regret of the| business trip ‘to Sterling, Wing, and i i i and attended a Methodists Will Form association at, your leaving the city _ind_attended_a ° . fe have heartily enjo’ ie ° District Brotherhood jation ana fellowship with you during ,your ministry in Bismarck an ve Plans to organize the men of thejgreatly appreciated your loyalty and Methodist Episcopal church in the|devotion to-the association and all its Bismarck district into a District |activities. We unite in praying God's Brotherhood were announced today |richest blessing to rest upon you and by Rev. G. LeRoy White, superintend- | yours as Med enter your ead field a ent of the Bismarck district. labor, and assure you that you wil Six chapters in the southwestern |have an abiding place in our hearts.” part of the state will be organized in the next six weeks, according to Rev. Jackie Sharkey to Meet Britt Gorman A conference of district leaders in Minneapolis, April 4.—(?)—Jackle the work has been called for April 9 at the McCabe Methodist Episcopal Sharkey of Minneapolis today was signed for an eight-round fight with church in Bismarck. Invitations have Britt Gorman on the Harry Dillon- been sent to leaders in nearby cities and delegations from Minot, Mott. Billy Freas card at the Minneapolis auditorium Tuesday night. Washburn, Mandan, and Sterling The weight will be 118 pounds. have decided to attend. W. M. Smart, former mayor of Mi- Matchmaker Mike Collins added two more bouts to the pi not, state superintendent of the rogram today by signing Earl Orten of Moorhead with brotherhood, will be the principal speaker at the meeting. Mickey McDonough of St. Paul, and Jimmy Murray of Minneapolis with ‘Wayne Short of St. Paul. Each of these bouts :; carded for four rounds. THE BISMARCK TRIBUNE Whoopee’ Taboo in {| LOCAL PASTORS Chicago Nevada Boy ! DOUBT FUL |, Discovers in Court | Chicago, April 4.—(7)—Ther> is a time and place for everything, and Chicago ic not a “whoopee” center, a Mr. and Mrs. W. F. Robinson and three children, have moved to Man- daa where they will make their home. Mr, Robinson. who has taken ov-" the me-aczment of the Pure Food Market at Mandan, was forinerly manager of one of the Red Owl stores here. Mrs, Robinson is a daughter of Mr. and! Mrs. E. J. Gobel. April 4—(?)— Phil- nose the highway be- Five officers of the Northern Light and Power company, with former headquarters in Mobridge, 8. Dak., have arrived in Bismarck, where the main offices of the Mobridge com- The badly crushed. Bismarck Cloak Shop Popular Prices for en Quality Only [&) For the balance of this week ‘ we will give a special discount of 10% on all COATS. Garments of every descrip- tion in all popular materials and shades, dress coats, sport and tailored, fur or furless. A wonderful selection to choose from. At Prices of $15.00 - $19.50 - $29.50 $39.50 and up. We are continually receiv- ing new: shipments of coats. Silk or wool ensembles at prices, $15.00, $19.00, $29.50, and up. Visit our popular priced millinery department. New hats every weck. Prices, $3.95, $4.95, and up. -Now showing the latest in silk scarfs at $1.75 and $2.75 BISMARCK CLOAK SHOP The Popular Priced Store Three Doors West of Patterson Hotel John W. Sum- Ransom totaling which due this week, April 4.—(P)— farm this morn- throat do this: SN) . spoon! Mistol and your cold won’t work any further Tune in on KFYR every| down, Mir ; : tol checks head colds, too. Soothesirritated mem- branes. Doctors use it. K a bottle handy and play safe. At all drugstores. MADE BY THE MAKERS OF NUJOL SYNODS TO COMBI Chicago, April 4—(#)—Plans for combining the Lutheran Synods of Buffalo and Iowa with the joint synod of Ohio were officially cea pleted today when representatives of ry all three groups meeting here voted | morning for the A. W. Lucas in favor of the merger. |Co. day’s special. . April 4—P)— a charge of fili- Be Sure Your Seed Is Planted Right? science has 3 Tire Vulcanizing Weoperate the Wholesale Tire Ware- house for the Fisk Tire Co. at Bismarck, and do all of their vulcanizing. Nat- urally our work must bear factory ap- proval. Our own retail customers are thus assured the same kind of service. CORWIN-CHURCHILL MOTORS, INC. fects are Double Disk Grain Drill ed in 20 years Ask your drug- and learn When you plant your fields with a John Deere-Van Brunt Double-Disk Grain Drill, you know that your fields are planted right, and that you have safely taken one of the most important steps toward wasted. Theseedisstrungout evenly in uniform furrows and all covered at the same depth. No clogging, no dam- age to kernels. Handles wheat, oats, bar- ley, flax, rice, rye, alfalfa, H. M. Tait, General Agent, Canadian Pacific, 611 2nd. Ave. South, a big, profitable yield. peas, kidney and navy beans, John Deere-Van Brunt and corn in tit; r Drills do their work fault- acre. Ain spaced Epane nach lessly. There is no cause for worry because of imperfect planting. TheAdjustable GateForce- Feed causes the seed to flow as steady as the ticking of a clock. No seed or land is The fact that John Deere- Van Brunt Drills have been successfully used for more than eighty years is your guarantee that the John Deere you buy will do alf that is claimed for it. See this famous double-disk drill at our store. BISMARCK IMPLEMENT CO. 201 Main Ave. Bismarck, No. Dak. Free Instruction in DUCO Decoration. Join the classes in Duco decoration which we will hold in our store on the date given below. An experienced Decorator will conduct these classes and will gladly help you solve your decorating problems. FAMOUS SCENES AND PAINTINGS - TRhaveloGues' tion smars's noteroon For Furniture - Floors Automobiles - Toys ROUEN, FRANCE In the little town of Rouen, France, are relics of 16th century ‘ days, quaint streets . Duco brings new color and beauty to familiar rooms. It is delightfully easy to use—you put it on with a brush—or a hand sprayer, if you prefer. admiring the deep, rich, enamel-like surface that only Duco : surface is ing right before your eyes. Duco dries so quickly. The job is done sosoon. |. ‘ : ~ Bring in some small article and finish it in Duco yourself, under the of the Decorator. The only charge will be for whatever Remember this date: SATURDAY, APRIL 6TH. French & Welch Hardy ee a ener ust houses. ‘The town has a place in the life of ex) Re- mat