The Bismarck Tribune Newspaper, April 17, 1929, Page 7

s 2WEDNESDAY, APRIL 17, 1929 ~ AROUSES QUESTION \ tem Contemplates Raising i of Revenue MMegatly comm! considering the advisabilit; of includ- ing the export debenture plan in its farm relief bill, leaders today such legislation. tative Snell, of New York, on: of the Republican leaders of the house, in discussing the plan after a conference ‘7ith President Hoover de- clared in his judgment the system contemplated the ratisng of revenue and therefore could not be consti- tutionally initiated in the senate. approximately 21 cents per bushel, or half the tariff on wheat, the optional right to put the deben. ture plan into operation There, was a report to the capitol, i¢ will be approved. ° | Decisions of I Supreme Court ' ° From Sheridan County Dr. Frederick Brown, Plaintiff and Respondent, vs, Interstate Business Men’s Accident Association, of Des Moines, Iowa, Gel eeaee Defendant and Appel- lant. Syllabus: 1. A negative answer to an inquiry made of an‘applicant for health insurance regarding the ex- istence of a certain disease is not a misrepresentation when the applicant honestly believes. he does not have such disease and makes his answer with no intent to deceive. 2. Casual questioning and super- ficial examination of a person by a physican is not “medical attendance” within the meaning of that term as used in the following question: “What medical attendance have you had in the past five years?” Appeal from the District Court of Sheridan County, Hon. J. A. Coffey, Judge. Affirmed. Opinion of the Court by . "Harry E. Dickinson; McClusky, for respondent. From Burleigh County 8. A. Olsness, Commissioner of Insurance of the State of North ee oes gt of the State nd, Plaintiff and Respondent. vs, Btate of North Dakota, doing business as the Bank of North Dakota, i Defendant and Appellant. Syllabus: 1, Where sponives & check @ bank. 2 ita a GE i EEE READY FOR ATTEMPT TO FLY FROM TACOMA TO TOKYO | Tacoma, Wash., April 17.—(NEA)— Harold Bromley, 29-year-old # auld HE fi g i ! F : E| it as ; Mott, Dullam & Young, Bismarck, for appellants. Jacobson & Murray, Mott, for re- spondent. , From Foster County Theresa Zink, et al, Plaintiffs and Re- spondents, ve. gee’ erks National terre eth onal Banking Corporation, ; Defendants. Salzer Lumber Company, @ corpora- tion, Defendant and Appellant. Syllabus: 1. Under section 7601 C. L, 1913, which makes a judgment a lien on all real property of the judg- ment debtor, including that subse- quently acquired, the Mens of judg- ments of different dates attach ultaneously to after -acquired lands of the judgment debtor; such liens have equal rank and no judgment has priority over the other. 2. Where several judgments of dif- ferent dates become liens on real property afterwards acquired by the judgment debtor, no priority is se- cured by one judgment over another by the issuance of execution thereon court of Foster County, Jansonius, J., the defendant, Salzer Lumber Com- Pany, appeals. Reversed. Opinion of the Court by Christianson, J. « Cumeiy, Soule & Pierce, Fargo, for ©. B. Craven, Carrington, for Re- spondents. From Bottineau County The State of North Dakota, Plaintiff and Respondent. vs, Selma R. Pedie, Defendant and Appellant. Oplnina’of the Court by Burr, J. y » de J. J. Weeks, Bottineau, for - A Benson, State's Attorney, Botti- neau, for respondent. Harold Bromicy anda map of his Probable route from Taccma to Tokyo, are shown above. LAMONT PRESCRIBES YANKEE TRADE TONIC Foresight, Intelligence and En- ergy Necessary to Insure . Foreign Expansion Baltimore, April 17.—()}—Fore- sight, intelligence and energy were prescribed today by Robert P. La- mont, secretary of commerce, as the tonic necessary to insure continued expansion of American trade. He told the 16th national foreign world at large “holds out high promise for the future.” “Were I asked to prescribe a tonic for American trade,” he declared, in his prepared address, “I would say: “Take foresight, intelligence and energy on the part of American ex- porters, export organizations and the government. “Take foresight, intelligence and energy on the part of American producers in raising the efficiency of industry. “In other words, keep on, if pos- sible, in ever growning doses the med- icine that has worked so remarkably in the past. “Now that the United States has become the world’s greatest manu- facturing country and that manu- factured products are the greatest lass of American exports,” he said, ‘we have every reason to anticipate steady expansion ia our ‘oreign trade, perhaps even more rapid than that of most other countries.’ Soo Line Exhibits Visited 43 Cities). After visiting 43 towns and cities in North Dakota since March 4, two S00 Line seed cleaning and grain treating exhibit cars will be open to inspection at Minneapolis tomorrow. Cooperation of the implement deal- ers, elevator operators and farmers in North Dakota in staging the exhibits was secured: mainly through the ef- forts of R. P. Woodworth, chairman of the Northwest Crop Improvement association, which sponsored the two exhibit cars. Thirteen thousand North Dakota farmers viewed the ‘exhibits at the following cities and towns: Eagle Pair Escapes With 2 Small Lambs TO EVACUATE POSTS Unsettled Conditions in Chinese Provinces Bring Advice From Consul General Canton, China, April 17.—(4#)—In view of increasingly unsettled condi- tions and communist activity, Doug- las Jenkins, United States consul gen- eral, today advised American mis- sionaries in southern Kiangsi and northern Kwangtung and Kwangsi Provinces to evacuate their posts, Bishop O'Shea, at Kanchow, Ki- angst, telegraphed that the Roman Catholic chapel at Gnaoyuan, Kiang- si, had been burned. He said Reds had burned the homes of well-to-do shopkeepers and farmers in scores of Places in southern Kiangsi!, and he termed the locality a “belt of un- speakable arson, murder and rapine.” The bishop said military assistance from the Kyangtung government had long been promised but it had not materialized, as was the case also with Nanking He said this assistance was not expected any more now, since the govern- ments seemed little interested in at- tempting to subdue the radicals there. ‘The consul general still sought con- firmation of the reported death of Herbert K. Smith, Seventh Day Ad- ventist missionary in Kweichow, at Hwangtsaopa, in that province. Sheridan Play Day . Planned for May 9 \McClusky, N. Dak., April 17.—Sherl- dan county's annual play day will be conducted here ‘May 9, it is an- nounced by J. N, Muehl, county su- Perintendent of schools. = The annual county spelling contest, which originally was scheduled for April 29, will be held Monday, April 22. This will be followed by the dec- lamation contests which will be held May 2. ‘ Grade examinations will be held May 27-29 and high school examina- tions May 24-31. McClusky Boy Gets Letter from Hoover McClusky, N. Dak., April 17.—Liv- has been : it letter to President Hoover shortly aft- er his election. A few days ago, the mee boy received the following “My dear Livingston: The pres- ident is indeed glad to have your kind ee He appreciates your congratu- lal and fs pleased, in turn, to send you his very best wishes. Sincerely yours, Larence Richey, secretary to the president.” EXACTLY SUITS ELDERLY PER- SONS “Actual experience with many cough remedies has taught me that Foley’s Honey and Tar excels,” says Wm. Barnes, San Antonio, Texas. “It has been worth $50.00 a bottle to me.” Foley’s Honey and Tar combines the curative virtues of pure pine tar. fresh clear honey, with other valuable cough and tissue healing ingredients. It eases the dryness and irritation. stops nervous hacking, loosens and raises phlegm. No opiates to cause constipation. Exactly suits elderly poms: Ask for it. Sold everywhere. —Adv. SALE OF REAL ESTATE “Notice Is Hereb authorit Burleigh, in the State of } kota, dated the 14th day of AL 29, the undersig: B. Smith, tle administrator of the estate of Walter Smith, otherwise known as ‘alte the city of Minneapolis, in the of Heunepin, in the State of M sota, Deceased, will sell at. pi sale to the highest bidder, ash, or for one-third cash the balance on a credit not exceeding five years, payable in gross or installments, with interest, subject to. confi tion by the Judge of said County Court, the following described real esta jy: The south half of the Ni west quarter and lots three and four of section one in township one hundred and forty-one north, of range sev- enty-nine west of principal meridian in Burleigh County, North Dakota, otherwise known asthe porta wveat quarter of said section one. The sale will-be made on or after the 7th day of A. D, 1929, All bids musi writing and may be left at the offi of Geo. M. Regis- ter, in the Webb Block, in the City of Bismarck, North Dakota, or filed . | in the office of the County’ Court of Burleigh County, North Dakota, in the city of Bismarck, Burleigh Coun- North Dakota, Dated this 30th day of March, A. D. WALTER B. SMITH, Administrator of the estate of Walter’ Smith, otherwise yn: as Lina Walter know 4/17-24 Smith, Deceased. SUMMONS State of North Dakota, County of urleigh.ss, In, Distrlet Court, Fourth Judicial rict, Minnie Moffit Benz, Plaintiff, vs. Wil- liam Bans, Defendant. The State of North Dakota to the abov med Defend: ereby summ: to an- complaint of the plaintift tl ve entitled action, which sald complaint has ‘been with the Clerk of the District Court in and for the county of Burle! Dakota, and to ur answer thereto upon ub: ber at his office in the ay of Bismarck, Nort. pakota, in the First National Bank Bullding, within thirty days er the service of this sum- ec ie will be. taken against n again {Gr the rellat demanded in’ the ‘com: Dated this sth March, 1929. Office and Pogtoftice Addr ‘irst Natio: . Rebels Kidnap Plane Expert Al Coenen, expert aviation mechanic of Los Angeles, kidnaped by rebels from a cafe in Juarez, Mexico, and forced to accompany them on their troop train as they evacuated the city, is shown above. Every man, woman and child will occasionally over-indulge. But don't suffer for all your indiscretions. It’s folly to do so. You can so easily sweeten and settle a sour, upset stomach with a little Phillips Milk of Magnesia. Hearty eaters have long since learned the quick comfort this perfect anti-acid brings. Smokers know how it neutralizes nicotine; brings back a sweet taste; . guards the breath. Women know what it does for nausea or sick headache. And when children have over-eaten—are bilious, consti- | patea or otherwise upset—give them @ little of the same, pleasant-tasting TRIBUNE (BINSTEIN DISCOVERS. HOME HAS VANISHED Berlin Aldermen Buying House for Professor Overlook Dom- icile Contract Clause Berlin, April 17.—()—Professor Al- bert Einstein, espounder of the doc- trine of relativity, must use all his science to take possession of the house which the Berlin municipality offered him rent free for life on his fiftieth birthday, March 14. ¢ Even relativity does not account for Professor the suburb of Neucladow into a va- cant lot. The Berlin alderman, when they bought the Neucladow house and its large park as an ideal retreat for the scientist who longs for solitude, over- looked a clause in the transfer pa| which granted Frau Von Brandis, its owner who is now in Africa, the right of domicile for five years. To make amends, they have now offered Professor Einstein and his wife a one-acre: garden plot nearby. But there is no house on the prop- erty and if Prof. Einstein accepted this gift in place of the other he would have to build his own home. Prof. has not commented on the sudden disappearance of the house from his suburban paradise, but the aldermen are busy putting up some sort of front against the biting criticism and ironical comments of the Berlin press. 200 LUTHERANS GATHER Fargo, N. D., April 17.—(#)—Luth- erans were gathering here today for the seventeenth annual convention of the Red River Valley conference, Lutheran Augustana Synod, which opens tonight. Approximately 200 delegates were expected to attend the opening session of the five day con- vention. |and milky-white Phillips Milk of Magnesia. iy You'll be through with crude meth- ods once you learn the perfect way. Nothing else has the same quick, ! gentle effect. Doctors prescribe it for sour stomach, indigestion, heartburn, gas, nausea, headache. It has been | standard with them for over 50 years. | Insist on genuine Phillips Milk of Magnesia. A less perfect product doesn’t act the same. “Milk of Magnesia” has been the | U. S. registered Trade Mark of the Chas. H, Phillips Chemical company and its predecessor, Chas. H. Phillips, since 1875.—Adv. _rench 1. :atora Pin New York to Moscow Flight Early in June Orly, France, April 17.—()—The French aviators, Jean Assolant and Renee Lefevre left the airdrome here in their 600-1 Bernard plane for Soul England. for New York. Their plan is to at- tempt a nonstop New York to Mos- cow flight early in June. Theatre Circuit Sale Transaction Admitted Los Angeles, April 17.—(4)—Reports that negotiations were under way for the sale of the Pantages theatre cir- cuit to the Radio-Kelth-Orpheum corporation were confirmed today by Alexander Pantages. He said the deal would involve approximately $14,- 000,000 and probably would be com- pleted in two or three weeks, pet| McClusky Has $1,300 Fire in Warehouse McClusky, N. D., April 17.—Fire here last week caused damage to two buildings estimated at $1,300. The blaze started in a shed owned by John C. Schmidt and spread to a warehouse owned by Sgutt’s grocery store. Schmidt estimates his loss at ering $200, and the grocery store $1,100. SAMSON HAS COMPANY Somerville, Mass., April 17.—(7)— Connie Mahoney, strong man gym- nasium trainer and heavyweight lift- er who runs marathons for exercise, is ineligible for a job as a city laborer. The state civil service commission has noted that he has a bunion. 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