The Bismarck Tribune Newspaper, April 15, 1929, Page 6

f Additional Sports «| ETHEL | 1,000 Athletes to Csdipete ia Reni That AWKWARD AGE Program at Kansas “Then~ | PAGE SIX i F ; e Tom Churchill, Oklahoma, and| Dingpy toe Sou, Lost “ Dave Abbott, Illinois, Have yh readle oe 2 Been Entered thar — Straicuten up Lawrence, Kan., April 15—(P)— | Track stars of the midwest and south- west, their mettle tested by two relay mects in Texas, will sock new speed and distance records April 29 in the enth annual University of Kansas S. Upward of 1,000 athletes from al- most 109 universities and colleges are ected to compete in Kansas’ horse- shoe memorial stadium nestled in the Kay valley. | A half dozen schoolboys trom Pu- nahou academy in Hawaii will acd international flavor to the event. Two Olympic performers, Tom Churchill of Oklahoma aad David Abbott of Ihi- will defend their honors. of the Big Ten and Bi Jin s¢ will be represented. Notr , Dame's runners will be led by J Elder, who won the 100-yard hore last year. From Illinois will come the four- mile relay team that bettered the u.- | ercollegiate mark by nearly five * ether ~ Gon Look Positively OLA nw Decrepif” ——_ Leo Baldwin of the University of NL Gtrateht ww Prim ~ who holds the ‘Texas relay di Like Tt —! " record of 144 fect 1012 inc Howell of Oklahoma and Behr of — SLUMP Dow ! Wisconsin, however, may give him compctition. Behr won the shot- put at both Bernard “Pc Frazier, cross-ccun- | mile champion of the 1 represent Kansas in the run. Missouri will enter champions in the mile Freshman Backs Ave Enccuraging To Bison Mentor’ Se i> ~anp cow! nat Cy Lonsbrough, Fairhead, Sam Westgate, Walsh, Jaeger ca Are Among Best 1922 by ma ezevtee, me, SE ER EER ETS Fargo, N. a veer = i of freshman backfield material which will be available for varsity duty next National League Champions fall is casting a glow of nen For the Last Ten Years over the North Dakota Agricultura! = a collere spring football session which | Year — Winner Ww. L. Pct. Led By is being conducted under the direc- | 1919—Cincinnati ef 96 44 686 9 tion of C. C. “Casey” Finnegan and | 1920—Brooklyn 93 61 604 vf Robert pee: rete ea fed oss 192i—New York 1 59 ‘G14 4 ising frosh ball-carriers in the past, . ¥, but none to surpass this year’s year- 1922—New York . 93 61 604 ey ling crop which defeated the Univer- 1923—New York . 85 58 621 4V, tity freshmen for the first time in| 1924—-New York . 93 60 .608 1% history. 92. i ‘ 95 8 621 8) “Cy” Lonbrough, Fargo, once star ea Bee 89 ie 578 Bee freshman back at Michigan univer- | #¥ 4 “4 * 6 ‘bl 1} sity. heads the list, with George Fair- 1927—Pittsburgh 94 0 610 VA head, Rockford, Tll., flash not far be- | 1928——St. Louis .. 95 59 617 2 hind. Sam Westgate, Grafton, is the best punter ot aa pope aeaslos A s Ch 5 00d for a fullback job. mn Walsh, New Richmond, Wis., is the smallest . — reed by ampions but speediest of the lot. Alfred aaa, For the Last Ten Years Hankinson, has also done commend- Y re 7 ear Winner W. L, Pet. Led By eble pigskin toting. ae 4 Veterans defending their berths are | 1919—Chicago «+. 88 52 629 3% Pete Gergen and Elmer Pariseau, of | 1920—Cleveland <8 56 636 2 Bee bee: prea Peal 1921—New York . 98 535 614 4%, Joe Blakeslee, Fargo. 3 1922—New York . 94 60 610 1 ae 98 54 645 16 -- 92 62 597 +» 96 55 -636 8% 3 - 0 44 714 19 ++. 101 53 656 2% Ends are plentiful enough with 1923—New York ...... ts bells, and Ed. Babcock, Fargo, among 1925—Washington the veterans reporting. Carl Miller, 1926—New York Fargo, is the most likely freshman 1927—New York ay Prospect. fags . Graduation leaves the tackle posts | 1928—New York . practically vacant, but there is some talk of shifting “Cod” Ordahl, Cap- tain and center, to bolster one of these’ postions. ‘tecnard_ Prbers | Womam Racer to Rockford, Ill., is also a veteran can- didate, while the work of Rod Mc- Millan, Bentley, frosh, is outstanding. Guard material is strong and plen- e Build New Boat tiful with the two Fargo veterans, gal A Gil Moe and Alf Skaret, returning for | Cowes, Isle -f Wight, April 15.—(7) their final year of competition. Marion B. Carstairs, British motor- The latest telephone director, cam boat racer, is superintending in a out with 20,000 c a i nee, That luckless craft capsized in the Dan Cupid Objects | | To Phone Service - © Hartford, Conn—(#)—Cupid has received a staggering setback in his campaign here for more marriages. - young men had an extensive ac- e Beat Huskies ':: quaintance among “Mays” and “Hel- race on the Detroit river last Septem-|€5” and what have you, their only r. The yard is a few miles from the clue to the girls’ actual identity being Oakland Estuary, Calif. April 15—|mouth of the Medina river, near the MONDAY, APRIL 15, 1929 | ig Rac ean Wn ranean ranmsnetimmasom sommes ssc econ eco enor dele { Decisions of { ° spondent, vs. pleasure raises onflict in conclusive. such statement, and the and place. Affirmed. Opinon of the Burke, Ch. J. for Appellant. Respondent, lant. ters of sanitation. (2) A regulation of a sions of Section 4176, supra. tion of a regulation of a nying his motion for a new fendant appeals. Reversed. Opinion of the Nuessle, J. lant. John C. Pollock, State's Fargo, for Respondent. Pany, a corporation, ent, Cross Appeals. poration, purposes.” denial of such permission; tric light company accepts become binding upon it. lighting. 4. The local authorities. lage or city, on granting a @ telephone number. The new directory has left these (?)—Pulling far ahead of their north- |great British yachting center, Cowes. ern rivals with a terrific pace, the young men considerably annoyed. world champion University of Cali- Municipal Links Is tiny yard of her own the construction Californians of a new craft to succeed Estelle 11.|Now it has developed that many international Harmsworth _ trophy They have complained to the tele- tended, should not set out fornia crew decisively defeated the aay % * University of Washington eight by}! Arranged for Minot rere =p ofits a Many romances, they claim, have five and one ait lengths i Heit annual three mile race on the Es- Minot, N. D., April 15,—()—This | been ted. i es seven of sity will have & municipal golf course sa ~ $ e city park board has leased the ‘ FARMING the nine veterans that swept to 10 cotirse of the Minot Golf club with.an EXPERIMENTAL consecutive victories and the Olym- option for. p = ae rea nese peer ee work in agriculture. Washington pic games championship last year, defeated the northerners in a sur- prisingly easy manner. They went| Women of Bay State | state Coliege has 500 acres, Indiana into the lead at the start with a pow- Fis ht f 7, D 2000 acres, Idaho 600 and Colorado erful sprint and continued to pull ight for Jury Duty | 6. ahead for the remainder of the race. - eee er. The official time was 15 minutes,| Boston—)—The Massachusetts | NOTICE oF CHATTEL MORTGAGE 14 seconds, which is 5 seconds slower | League of Women Voters is pushing PORECLORURE 64LE, than the course record set by Wash-| militant campaign fer legislation | witliam Langer, Attorney for Peti- ington im 1923... - : making women liable to jury service. noken, | North Dakota, | Mortgagor, Honors in the first two races were} After eight years of peaceful peti- ; Made, executed. 9) ! ‘ase reshing Machine Com. pany (Incorporated), Mortgagee, their certain mortgage dated August 19th. 1925. wherein or tioning the league has adopted meth- Stone Blackwell, who saw yeoman service in getting women the vote, in | ra Ke toliowing pro erty, to-wit: of 3 Bisek- P53 4 sar 2 a of the 8-46 Feeder No. 69211 rd er No. 15 Lioyd Clark, Mohall; Bill Hilts, Bow- | 1924—Washington a lars ($21) 10), duly tiled in the iter of Deods at County, North 28th, 1925, ret has been pay amount ‘claimed ‘to 3 this date is Thirteen Hundred Thirty One and 44/100 Dollars ($1331.44). Now Therefore, notice is hereby gi thai virtue vf said Mortgage and by order of said J. L Case Threshing Machine Company, the ‘prenent owner thereof, 1 will well. the Dove. descried chattel wt_the J.T. ¢ Machine au Gane thresh ‘are Sts c ur of Dat the city at a stipulated price, and| all rights and without fraud, duress amounts p: on Januar: upon acceptance of the franchise |or compulsion and that the’ ci amined, and it is held that the find- | taxes, with 1 $924; 1925,°1926 and such condition becomes a contract be- | not entitled to recover aie anente ings of the trial court, to the effect fs < . Supreme Court a Ward County Margaret Hedine, Plaintiff and Re-| Theodore Meyer, et al, copartners, do- ing business under the trade name and style of the Minot Steam Laun- dry, Defendants and Appellants. Syllabus: 1. In an action for per- sonal injuries arising out of the neg-| ligent driving of defendant's laundry delivery truck, a prima facie case of the driver's agency for the owner of the truck is established when it ap- pears from the evidence that the de- fendant is the owner of the truck; that defendant placed the truck in the possession of the driver, its em- Ploye, who had no set hours for em- ployment, but was authorized to use the truck in the collection and deliv- ery of laundry at any time, and laundry was found in the truck at the time of the accident; in such case th2 testimony of the driver of the truck ; that he was fad the car for his own ce mony and the verdict of the jury is 2. When it appears from the rec- ord that the witness sought to be im- Peached was asked specifically if he remembered having a conversation with Mr. and Mrs. Hooper in front of the Leland hotel at a certain time and the witness remembers the conversa- tion, the time and place, and is given full opportunity to admit, deny or ex- plain a statement which it is claimed he made in the conver- sation, but denies making any ing witnesses identify the time, con- versation and place the foundation is sufficiently laid for their testimony to the effect that the witness did make such statements at said time Appeal from District Court Ward County, Jansonius, Special Judge. Conmy, Young & Burnett, Fargo, McGee & Goss and Sinkler & Brekke, Minot, for Respondent. From Cass County Court State of North Dakota, Palintiff and VS. John Moher, Defendant and Appel- it. Syllabus: (1) Under the provi-|ttick photographer merely did this to sions of Sections 4176, C.L. 1913, town-| Show you how Charles G. Dawes, our | 191 ship boards of health may make only |N¢W ambassador to Great Britain, will temporary regulations respecting mat- board of health is examined and held, Paper cure opinion, to belive worn ‘em at court functions |D8Ugh, Fargo, and Koon, Whelan 4 |used for giving a “floral” fragrance to| the, 8th day of December, 192 and beyond the power conferred upon 50 why not Mr. Dawes? the board to make under the provi- Appeal from County Court of Cass] does not confer any right of action to County, Hon. eigh J. Monson, Judge.| Tecover moneys paid under mistake Defendant was convicted of a viola-| Of law and has no relation to such Chevrolet | Truck, Engine No.| Amount required’ to redeem at this board of health. From the judgment | foundation therefor by the rescission mente and Appellant, F-4803694, Serial No, 21L.P3360, 1928 | date, ‘S10.50." of conviction and from an order de-| of a contract for a mistake of law. e From Stark County Section 3450 of the U: - Chrysler Light & Power Com- of law may be recovered as trust | “me the action was commenced. ied Statutes, \°° United States Re Plaintiff and Appeliant-Respond- | plicable to claims arising out of a| {ndings and conclustons of the trial | claiming the said described automo- the judgment will be affirmed. condemned and the dst t ERE TION The City of Belfield, stark Gese the right ef city vo tecover | ADDER! from the District Court of of the eds, sgcaraine fete BUzer| state of Norsk Dakota, County. ot County, N. D., a municipal cor- moneys paid by mistake is governed | BU‘leigh county, Hon. Fred Janson- ‘ ure to be held in | ogeurlelgh Defendant and Respondent-Appel- | apply ‘to Payments made by the light plant may not be constructed or | for street lighting, which had been} ~ “consent of the I th hav- —emmen Me ine ue one reannaes tilted Thereatter: the’ place COmPAY. | mew, defendant and appellant. NOTICE OF REAL ESTATE MORT- th: time for redemption from way proposed to be occupied for such | bills to:the city council for electric) S¥!sbus: GAGE FORECLOSURE SALE the completed @ of this notice... tl authorities of such city or village may | the Railroad Commissioners, cla presented; and there is no determina- | North Dakota on the firs permit such use of the streets on cer- | that the rates fixed in ptfmeriwid tion of the question whether the de- | (opst,1924 {| tain conditions only, and if mission or franchise, all valid. condi- tions or restrictions attached thereto | plaintiff — electric light company 2. To justify one spouse in leay- A. C._I8. GER, 3. A city council has authority to| the rates fixed by the railroad . | ter’s ill-treatment or misconduct it is 2 (Seal) = Auditor Burleigh County, provide for the lighting of the streets, | missioners: and the ‘defendant city | 00% essential that the ill-treatment or | 324: 403% sS23t,.08 (te, § fe ie city and to that end may contract | payments made in ex i a F with an electrict light company to raed in the ponies oe ae ficient if the party withdrawing from ore niges described in such| NOTICE OF MORTGAGE FoRE- furnish electric current for such | stated in the opinion it 1s held that |h€ cohabitation has reason for be- | sat ' THE BISMARCK TRIBUNE’ - son, Minot, Attorneys for Appellant. McGee & Goss, Minot, for Respond- ent. | BIDS WANTED | Ex-Governor of Florida Indicted '{ Will Charlie ‘| Put on These Bobbed Pants? From Williams County The Northwestern National Bank of Minneapolis, Minne- sota, @ corporation, Plainfiff and Appellant, vs. N. T. Rosenquist, Defendant and Respondent. Syllabus: (1) In an action upon a Ng reg ae <7 ages on unt a + of the falure of the plaintiff to full- | [iam 2 check for Five Percent (Si) fil_an alleged ccntract for a loan ; of the amount set forth in the pro- and reliance upon representations, re- eee inca nn, ean sulting in the fai'ure of a bank in 8 e Nevth Deke: which the defendant was a principal ‘ ‘The owner reserves the right to re- stockholder, with incidental loss of og securities owned by him and depres Fehitect aaa Engineer ciation in the value of his bank stock, 5 Ke ’ the evidence is examined and held to present a question of fact as to whether the guaranty was delivered to take effect as such or for the pur- Pose of making a loan transacticn appear regular in form and with the understanding that the lender would not enforce the guaranty but would {rely solely upon the collateral se- | curity. (2) An ordinary, written instru- ment may be shown to have been de- | Charged with having aided.an alleged livered to an obligee for a special | plot of counterfeiters, former Gov- ; Purpose and not for the purpose of }ernor Sidney J. Catts of \taking effect as an obligation. above, has been indicted by a federal (3). Where one not an officer or |grand jury. The wartime Democratic |director of a bank is employed for | governor, who also is a minister, was the purpose of checking up and re- | alleged to have had an understanding newing collater:: security held by the | with a Tampa lawyer whereby he bank and to ascertain the general | would receive $25,000 counterfeit in condition of the borrower, a contract return for a $5,000 investment. for a loan or for additional credit be- | — tween such person and the borrwer or | R. H. Bosard, Minot (Silber, Isaacs, its agent is not within the scope of | Silber & Wooley, Chicago, Ill, of the authority of the former and. is counsel), for respondent. petit | eae Med pale (4) Held, the evidence does’ not * beth tha feud Plaintiff misrepresent- New Zealand Yields the authorit; of its agent. H (S). Held, the evidence fails to es-| Ambergris Fortunes tablish an agreement for o loan or ¢ | re neoens iry’s Church, the NOTICE OF EXPIRATION OF REDEMPTION State of North Dakota, County of if Ties wen 5 oT of County Auditor, Bismarck, 8, Hackney, St. Paul, Min- Hackney Land Credit Cor- St. Paul, Minnesota; Union the testi- Investment Company, Minneapolis, Minnesota. You"are hereby notified that ‘tho tract of land hereinafter described and which was assessed in your name for taxation for the year 1924, was on thé 8th day of December, 1 a sold, as provided by law, fo: linquent taxes of the year i that the time for redemption ‘from said sale will expire ninety days from the completed service of this notice. Said land is described as follow: i NEY Section 9 Township i Range 75. Number of acres, 160. Amount sold for, $60.52. Subsequent taxes paid by pur- chaser, $66.51. Amount required to redeem at this? date, $163.45. In addition to the above ameunt impeach- you will be required to pay the costs of the service of this notice and in- terest as provided by law and unless yeu redeem said land from said sale efore the expiration of the time, for v b for a wl extension of credit by geht een ae agate thereot Will issue to the holder of the overdraft. Two bergris, (6) Where one advances securities ;more than its weight in gold, were | Jaw. to protect a bank in which he is in-|made by differnt parties the same] tnis sith aon of Match Tose Seal terested but where the bank never- |day near Kaipara Heads, in the north A. C. ISAMINGER, ‘theless fails soon thereafter and |island of New Zealand. One unusual-| (Seal) ee eurisian une: where he subsequently consents to a|1y large lump was declared to be| — cwirst publication April 1. 1929) sale of such So by oe creditor, bir? (eairbignen gah Melrose nh 4/1-8-15 the amount being cred! upon the mi ls, or “grey amber,” a Gcteers age rece meed obligation of the debtor bank, he may |S0lid, fatty inflammable substance NOVICE eearren arta not recover the value of such secur- |Of @ dull, grey or blackish colour, that ste, ities from the creditor. (He who vat bine bile tee & sperm whale. opuctelg posted Dakota, County of : aoe 1 consents to an act is not wronged sually it is found floating on the Count . Bi 3 LL pti I Sacedes Sodas cleats Section 7249, Compiled tae be sea, or in the sand near the.sea coast © ‘Dak. ee ee 3.) in tropical latitudes. Not often is it] To James L. Minor, Redfield, 8. Da- Appeal from District Court of wil-|found-so far south as New Zealand| eta, Investor's Mortgage Security Company, Bismarck, N. Dakota, look if he wears the conventional silk|!iams county, Hon. John C. Lowe, | waters. an First Loan & Invest court by lax sale certificate as provided by Ambergris is now used only in per- o,, Sheboygan, Wisconsin. ” knee breeches at British court func- 2 You are hereby notified that the | Reversed and action dismissed. fumery, though it formerly was freely t of land. herel described township Cogn Hino Ete qu eeieae ee : Birdzell, J. used in medicine. . In minute quan-| and which wes enceused iar yegeeribed American ambassadors to St. James|. Pierce, Tennesor, Cupler & Stam- {tities its alcoholic solution is much/| for taxation for the year 1924 hon sold, as provided by law, f “" Hempstead, Minneapolis, Minn, of | bouquets, washes, and other prepara- Tinquent tance of the year 19: ind Counsel, for Appellant tions of the perfumer. that the time for redemption from . said sale will expire ninety days from Burdick, Shaft & Burk, Fargo, for : the completed service of this notice. Respondent. NOTICE OF SEIZURE Said land is ees as a La. In the United States District Court,| Ranwe's1 see” 2% Township ‘ for the District of North Dakota, Number of acres; 160. United States of America vs. One} ‘Amount sold for, $52.05. dicate his rights; but said section From Burleigh County Peter Aller, township | action except insofar as it may lay a In’ addition to the above amount In obe ; trial, de-| City of Bismarck v. Burleigh County, Emil Bobb, in obedience to a Warrant of Seis-| you will be required to pay the costs Defendant and Respondent. ter ocoss | eae, or Fone gee ins] of the service of this notice and in- |. Di 205, . We all, dis- 3 it ided_b; dunt Court by tinguished. 8 10Ne W. alt, dis-) syllabus: 1. Under subdivision 2] into my possession, the following de- | sort redeem oats aed fen ‘aaid sale 10. A’ city is vested with two| 0! Section 7449, C. L. 1913, a defend- a , to-wit: Betore the. expiration of the time - ruck, Engine No. T-4803694,| for redemption as above stated, J. J. Mulready, Fargo, for Appel-| classes of power: The one govern- | “Dt sued in an action arising on con- | Serial No. SILPHS60, 1998 Aaner a i {| deed thereof will Issue to the holder tract may answer by setting up in a | Bi: ‘k, North Dakota, 1 Or In a eet Peco public; the oth | counter claim any other ‘cause vof | dey" of January, 1398° Yor the eagees | Of snetae sale certificate as provided Attorney, | er in a sense, proprietary or quasi- | action hy @ ‘Witness my hand and official seal private. ear he may have against the plain M1 this 28th day of March, 192 11: ‘Phe rule: that’ payments made eee Sita stiaescin contsacs, and | the ntrict of North Dakot ‘A.C. ISAMINGER, \e. by @ public officer under a mistake | Which cause action existed at the "EO, akota, for violation of | (Seal) Auditor Burleigh County, orth Dakota. vised Statutes. (First publication April 1, 1929) funds illegally disbursed is not ap- 2. When the evidence sustains the I hereby give notice to all persons | 4/1-8-15 bile, or knowing or having anythin Court as it does in the instant case, | to'ay, why the Come ie anything NOTICE DERETIOR ON OF transaction involving the business or before the said Court to be held in by substantially the same rules as ius, Judge. and for the District of. N Office of County Auditor, Bismarck, Affirmed. Opinion of ‘the Court |in in | To Frat k. nk Mur} i phy, Calloway, Min: by Burke, Ch. J. A ‘50, and make such 8 Fred Josephson, Wing, ‘ellabus: NE To therein oan oni wcard FE. McCurdy, Bismarck, for Ap-| Gate" of the tirnt publication of sWis| Dai: Union Investment Company, 1. Under the constitution (Consti-| of Railroad Commissioners made an | Pel/ant. Pete it, that be a day of jurisdic. | -You are. hereb: tution N. D., bec. 139), an_ electric | order purporting to increase the rates| Mare, Cox & Cox, for Respondent. | fini arction therenttene Text ey Of | tract of land he 0. GUNVALDSEN, eee cone r tl r 1924 was on operated within any city or incorpor- | fixed by contract in the fran From Barnes County United States Marshal. day of December, 1925, duly ated village in this state without the | granted by the anterders ci nehite | Frank E. Bartholomew, plaintift and | , po tuigt notice published 4/8/29) id, as provided by law, for the de- ; plaintiff electric light company.| TesPondent, vs. Pauline Bartholo- inquent taxes of the year 1924, and will expire ninety days from rv! current furnished for street lighting, ee ae land is described as follows: fe Bi Section 24, Township 142, ae ee Bae ote ee atin ee baed upon ae ae pone ny such e y id. Range 76. Gia p ; » and 'y council duly ap- ic i " the streets thereof with its Henares Sates eee Piaten thd judgment in favor. of the defendant | Lora filed jundred iT ined 4s not limited to @ simple granting or | defendant city refused to pay accord. | OM the merits of said action is de- Uyifour, and tiled tor record in| you will be Fequired to pay t mortgagors, to] Am sold for, $98.09, . B. Webb, mortgagse, dated the let| Amount required to sedeem at this day ‘of October date, $132.85. and} In addition to the above the register of deeds of rvice of this notice county of Burleigh, apd State of | terest as provided by law ti day o% on red said land efore the local | ing to the rates fixed in the order of | @™inative only of the question so therein in book 18 the elec- | were ee fendant had been guilty of such con- on page 18, will bi to the hi f thi the (per. | were, controlling and that reeit ei | duct as to justify the plaintift in leav- sale of the prem visuch | tax ‘sale’ certificate ‘es pewiasd ‘ty missioners was illegal and void. The | ‘98 the common family home. "Witness my hand and official seat 1e h his 28th day of March, 192 brought suit to recover according to | 98 the other on account of the tat- ity of Kf aan aaee ey Oh eT TeAMIN North Dakota. (First publication April 1, 1929) po tak rule pete le! as le Lot two''(2)" in’ block. twelve | Wher. Northern Pacific Addition of Bi » in Burleigh | tain mortg: te th Dal t of CLOSURE SALE low the order of the railroad commission- | Heving and does honestly believe that | }ows:, [at of a vil- | ers granting the increase in rates was yy reason of Hips Leow ig pasar so} to the city franchise | illegal and‘ void; but that the pay- | the other it cann continued | county, Nor t =|. Phe said morte . installment. of Sixt y to an electric light company, may im- | ments made by the city to the electric | SY longer with health, safety or self-| ,,,7%¢,said mortgag whole mort-|and 25/100 Dollars. ($68.25) du a8 a condition that such com- | light : Sage indebtedness due and payab furthe q Pany shall furnish certain service to| wine Soon a lege’of ail facta aod | 2,2, the, Instant case the rut] Ske wll Se gunvon auch int: | SPREE LY at eae ane cones ag due o1 Mort-|of ‘Three Hundred Thirty-nine and evidence - | Fase at the date of sale, including the | 36/100 Dollars ($339.36) paid a te stated is applied, the is ex: ald by said morte, e 3338 ce ng saaes ne Us 01 Now, Therefore, Notice Is Hereby tween the city and the electric light | so paid in excess of the yates fixed that the. deferidant wilfully deserted and fif th company. ni ie 7,489.59), ip the franchise. the plaintiff more than one year next | frie forecloneee, Desides the costs of i i Hull a Fi it 10 be farted pst icetric cur- | Appeal trém the district court’ of | before the commencement of the ac-) Dated March #5, A. D. 1929, ortwaggrs, io rent to be furnished by an electric | Stark County, Pugh, J. tion is sustained ‘by the evidence. baci Somipany eA a sity is fixed by contract in the franchise granted by | Company - 4 ted the ‘ity to such company the rates| rent furnished in lighting the streets |104ge, Setendant sppebis esis esiegy Dakote fe fhe otto mortgagors, to ‘th 3 5 Bank of Saint Paul, Action by Chrysler Light & Power| From a judgment of the distric later a ee Oat to f George M. si of Minnesot: t= recover for electric cur-|Court of Barnes. County, Englert if dated May 20, 1919, Sha’ tiled are controlled by the obligation re-| of the defendant city. From a judg- sulting from the contract. - pes ment disallowing certain’ portion of | Opinion of jon Nearing Petition For Proot 6. The Board of Ratlroad Commis- | plaintiff's claim and also disallowing |®!. J. Burr, J., dissents. Probate ‘ereign Will and sioners has only such powers to regu- Deeadacn counterclaim, both rare Sproul’ é& Dwight, the’ Appolutment of Bxecutris late the rates of an electric light | ties appesl. company as have been conferred up-| Affi on it by the legislature. court: 4 ; mem ef rt arc Counts of Burlet Opinion of the Court by Christian- "Davies, Judge” vercre Hom LC.) And, State of: Norn Dakota, oth day . hour of 2 o’clo 7. The power to regulate sych rates|son, J. i Wi County i" latter of the Estate ‘of Albert | Of May, 1929, to satiaty the amount is conferred upon the Board of Fail-| dW. Sturgeon, Dickinson, for | William Citford, pisintiff wad appet: | "avi af S38, pon auch, snorepaee fea road Commissioners by Chapter 192, | Plaintiff. lant, vs. Piremen's Insurance Com-| PA ti5, ere Tooke: ora spnie | 2 : Laws 1919, commonly known as the| H. E. ‘Haney, Belfield, and ©. H.| any, @ corporation, defendant and id snl! persons interested, Public Utilities Act. Following West- | Starke, Dickinson, for Defendant, af tern Electric Company v. J: a1 N. D, 157, 181 N. W. 368, that the Board of Railroad power to interfere in vend | om © such act does not confer upon Plaine! y a described 1: the Count of | sucl end whicp with be sold th sf same are situa’ peauired to urt of: aid State, ted in the @ to satisty 3 ‘ y it So tolg with rates for electric current to be ‘Montene Oil J Bi re Houte in the C forth Dako ta, and descr ats tole furnished fe and ; “the Southwest Quarter (SW) Section Thirty-four (38), ‘One Hundred: mite: ate of the count pot ve fing in, he Stat : waa admitted to probate by the | | or te Court of said Hennepin Yon the 21st day of December,| _T' should not be admitted to| at t aneceh "and why Be the wi Fi ed therein, i e 4xec! rt should not be appointed By shit ee reer arsed thereof to serve without Let serylce be made of this aitation i y of March, 1929. rt juired by A ba ted thie 42th : ‘ wane sd te Mora Set °3 se EE ge i; 4/1-8-18-23 of