The Bismarck Tribune Newspaper, June 11, 1929, Page 2

PURCHASE BEFORE CITY COMMISSION Five Bids Considered, One Com- pany Offering Five Types of Portable Heater GRAMBS GETS SEWER JOB; South Fourteenth Street to Have Extension of Water, Sweet to Elgin The city commission considered the purchase of a portable paving repair outfit, Monday evening, with five bids to select from. The Minneapolis Equipmer pany offered an outfit for j The Austin-Westegn Machine com- pany asked $4,190 for its device, with $285 added for rubber tires and heat deflector and $80 more for brakes. The Barber Asphalt company had in a bid of $1,766.40, f.0.b. Bismarck, for its heater. The McLeod Construction com- pany offered a variety of the as- phalt heaters and sand driers which make up the repair outfit. It quoted No. 1 at $3,100, No. 2 at $1,678, No. 3 at $1,050, then it h designs at $2,600 and $5,750. The price of the Aeroil Burner com: With so ma from, the commi selection until Tue: 2s a board of equa! of the Minneapolis Equipment com- pany was accepted. In addition there were bids for asphalt to be used in street repairs. The Barber Asphalt company of. fered its lake asphalt at $42.30 a ton and its Louisiana asphalt at $45.30. The Standard Oil of Louisiana of- fered its product in two grades at $82.30 and $20.80 a ton. The Standard Oil of Indiana bids 24.80 and $25.80. qT bids also were held over for today, when the contract was award- ed to the Standard Oil of Louisana. The bid of Frank G. Grambs for placing a storm sewer in the alley back of the Gilman garage was, on recommendation of the city engineer, accepted, although higher than the engineer's estimates. This was due to freight chargc:, as the tile pipe must be shipped in less than carload lots. A_ petition from residents of fouth Fourteenth street . between Sweet and Elgin was received from a delegation hcaded by Christ Fritz and an ordinance creating the neces- sary improvement district was -or- dered introduced. A private drivewsy was ordered in on the propert’ of H. A. Larson, 522 Fifth. The police report of Christ Mar- tineson noted 28 arrests during Mzy and $11.10 collected. The city ac- commodated 28 lodgers. AGE-OLD BATTLE Winnipeg, Canada, June 11.—Neigh- bor's chickens and tin cans in other people's back yards have started many @ grudge fight. And that's what ruined a perfectly good friendship between Peter Jankowski and his neighbor Snicack—ét least the cans did. Jankowski saw Snicack throwing cans in his yard and went out to stop him. “T'll kill you even if it costs me $50,” Snicack wound up the argu- ASPHALTING OUTFIT [___Daity crossword Puxsie ACRUSY 1, Wieked & Vapid 10, Mottled pe m M4. se OOO Straight batted ball 16. Formerly 13. Word of rati- fieation 1% Bary 19, Sheet of glass 20. Method 2s, Egg dish . At any time 6. Broad smile 2%. Gleamed 30, Melody . Plerces ab *pi 40. Old soldier 3a 41. Beers 39, 43. Pass a rope cargo through a pal 44, Skin disease 65, Compound Undress Stabilizing ley . Walking stick 3%. Brald Waterless . Man's nicks name . Discover | | | | Pooling of Freight Authorized by I. C. C. On Iron Ore Range St. Paul, June 11.—For the first time in the Northwest, the interstate commerce commission just has au- thorized the pooling of freight han- dled by two railroads. An application was filed by the Northern Pacific and the Soo Line on April 18 for permission to pool ore shipped from the Cuyuna range in northern Minnesota to the docks a‘ Superior, Wis. The hearing took place in Washington, May 23, and the commission now has granted the ap- plication, according to word received jby D. F. Lyons, general counsel of the Northern Pacific. The plan, which will now be put into effect as soon as possible, in- {volves $12,000,000 of property. An an- nual saving aggregating $325,000 will be affected under this arrangement, according to evidence submitted at the hearing. Only iron ore and coal moving between the mines on the range and Superior will be affected. Both companies will continue to fur- nish the general public the same service as at present. Railroad yards on the range and at Superior are be- ment. He then hit Jankowski with a/!R€ enlarged at a cost of $250,000 to rake. In court Snicack was fined $50. Five thousand coal miners are cm- ployed in digging the fuel consumed by automobile manufacturing plants. f Weather Report i Precipl- ation State of weather 05 Clear 17 Rain 0 Cloudy 0 Cloudy 04 Cloudy 22 Fogsy 0 Cloudy 7 Cloudy 0 Cloudy 03 Rain 60 .10 Cloudy carry the pooling plan into effect. ° | AT THE MOVIES | —_—_—_———— ° CAPITOL THEATRE “The Bachelor Girl,” the Columbia picture synchronized with dialogu | and music, which opened at the Cap: j itol theatre last night has a great ; deal of audience appeal. It was re- jceived with enthusiasm by a packed | house. The story deals with Joyce, a pretty and unusually efficient private secre- | OUTOUR WAY Solution of Yesterday's Puzzle QOpO0 O8F OOO Ooch sie felefe i Tele lete ow Vise fhe | Pacific will handle a special train be- ‘and by boat at Seattle July 1 and 2; 1% Proof. renee cr's SYNOPSIS: Lucy locks Henry Deacon, chief of police, into a closet, takes his auto and starts for the desert to find Jerry Og- den, her fiance, accused of mur- or i. dering his father. Lucy is waging 31, Roman road game fight against serious odds 33. Profit to prove Jerry innocent of the charge before he is arrested. Her uncle, John Peebles, follows her to Torridity, ghost town in Skull Valley. Harrassed by the blister- ing heat. Peebles searches the town for the pair but falls to find trace of them. hesitation a9, Compass point 30, Mediterranean sailing vessels 31. Scorched tad with ore CHAPTER 19 IN THE DESERT TOMB It was close on four o'clock. Lucy, I reasoned, had got here about noon. She had found Jerry and they had left together at once along the main road, and by this time were probablv approaching Shinbone Canyon on the west. Another couple of hours snoutd ste them back in San Felipe. Instead of following them I would remain overnight in Torridity and improve my opportunity by nosing around Andrew's old haunts. Evi- dence of some sort was in my mind, but of what nature and how I wa: to find it, I hadn't the slightest idea. ilf I had known I wouldn't have picnned so casually! ‘The sun was waning, but the street was still as hot as a boiler pit and I looked about for a temporary garage. The wide-open doors of a livery stable hinted of cooler regions beyond and I drove through them into the building. Stopping the engine, I tackled a pile of sandwiches and a bag of fruit. Re- freshed, I went out again. I had gone some 50 yards or so when I began to wonder if I were as completely alone as I had supposed. The odd feeling grew upon me and I wished I had brought a revolver. Stopping in front of a sort of dance hall, saloon, and hotel, I concluded that it was.a good place to begin my investigations. Most of the name on the building was obliterated. It con- sisted of three words and the last word seemed to be “Place.” I also made out a “J,” and “L,” and a “D.” The rest of it suddenly flashed upon me. “Joe Lundy's Place”"—that was it. “ ‘Joe Lundy's place,” I shouted. “Joe Lundy—that woman in black— roxtings Break ‘sudden. ¥ 38, Depend 60, Move along easily 1, Assert 42, Becomes rigid 63. Larmesy form of vegetation 66, To: Scot, to!” It couldn't be coincidence, of course. The woman in black was or had been the wife of a man who had kept this tary in a large business organization | resort 30 years ago! And Andrew Og- and Jimmy, a n‘er-do-well young man | gen had given her a check for $1,000! who has certain ideas about his own | But why? And why has the swash- particular efficiency and the ineffi-) buckling Alex Peterson become the ciency of his superiors. One day he} staid an@ respectable Andrew Ogden? is caught expounding on this theory | and why had Dillon blackmailed him? by his employer. He is promptly dis- |" gick of mystery and bewilderment, charged. ‘ : I entered the resort, prepared for Jimmy, undismayed, goes to a rival | anything now. It must have been a concern and tells them how good he pretentious place in its day. A dance is, Through sheer luck he lands the | fioor occupied the middle of the build- position. Because of her great love|ing At the upper end was a small for Jimmy, Joyce leaves her position | stage. Along one side ran a bar. A and goes to work as his private secre- | stair led to a wide gallery which ran tary. Through her help, Jimmy pro- J around the 1. Doors and booths gresses very rapidly with the neW| tanked the gallery firm. He is taken up socially by his] Broken ‘bottles littered the sandy new employer. In a short time Jim-Trioor; tables and chairs lay in con- my's former shiftlessness and ineffi-| fusion. 1 thought of the boisterous ciency shows itself. Besides neglect- | mob that cnee had rollicked through ing his work, he neglects Joyce and| the place. I heard the whirr of the rushes Grace, a pleasure-loving soci-| roulette wheel, the click of poker ety girl. A crisis is reached and Jim- | chips, the rattle of dice, the clink of my is fired. He and Joyce decide to glasses, the shrill glec of the women, part. the swish of milling bodies. And I SE TES PC OE thought of Alex Peterson swaggering, New England Special, |, eitsnounted gine on Ns Sip Is gold-mount ie Of Elks Here June 26 In the dining room cheap cutlery and heavy crockery lay on the tables. . +. Cues stood in their racks and lay athwart the poolroom tables. In the room roulette wheel waited. 1 tween St. Paul and Portland, late this|cpan it Poker chips «cards Upe month, carrying an all-New England | stairs in the bedrooms were pillows Elks party to the annual convention | and blankets. A flimsy red dress hung of the Elks at Los Angeles. The train | in a closet ... and slippers to match. will leave St. Paul at 11:30 p.m. on; Names were scrawled on the walls. Tuesday, June 25, En route, at Man-/ And so it had stood for 30 years. dan, N. D., on June 26, there will be | And yet, this wholesale abandon- Indian entertainment; at Medora, N.| ment to the contrary, I hadn't been D., the same day, a rodeo; at Yellow- | able tqrid myself of the feeling that stone park, a two-day stop, June 27 to| I was not as completely alone as I 29; a brief stop at Missoula on June} seemed. Coming behind the bar 30; entertainment by the Spokane/ where I had not yet been, I tripped lodge of Elks at Spokane late the same| over a bundle of soft stuff lying in day; a day's touring by automobile | the shadowy passage between the bar and the wall, and almost went head- long. I picked up the bundle and found myself staring at Jerry's white flan- nels! St. Paul, June 11—The Northern and a full day for sight-seeing at Portland, July 3, before the party moves off the Northern Pacific lines for Los Angeles. By Williams Ss-sT STIFFY~ LOOMW-~ LOOK! YOH CAIN'T Lose | WHUT EF sHEe Now! 1Vve SEEN (C lings THER IT SOMMERS SPATS ? s WHER NO MAN emery ‘UL HAVE HAS GoT A CHANCET witout - => a I CONT Kuow Bout HET! THE BISMARCK TRIBUNE By CHARLES G. the woman Andrew gave the check; To \3 tleman and a deep affection for me. TUESDAY, JUNE 11, 1¥29 oing Repairs BOOTH z Reversed and the action dismissed, My amazement turned to dismay. Opinion of the court by Burke, Belief in Jerry's innocence was as ‘ J. firmly fixed in my mind as was my F. B. Lambert, Minot, N. D., attor- certainty of Dillon’s guilt. But I also / , . 8. We knew what conclusion Deacon's ten- acious mind would have drawn if he instead of I had found the bundle! Undeniably they were Jerry's. His initials, worked by Lucy, were outside the collar of the sweater. A pocket contained a-packet of his favorite cig- arettes. It was evident that the flannels had been planted. And by Dillon, I sup- posed. Dillon, then, had been in Tor- ridity within the past 40 hours. For all I knew to the contrary he was here now. The thought excited me and when the graveyard quietness of the ‘resort was suddenly punctuated by the throb of an automobile engine, Dillon's name sprang, burning, to my lips. Was I coming to grips with him again? Why hadn't I brought a revolver! As I sprang, electrified, to my feet a sage green roadster flew past the open door and my conclusions collapsed. ‘The car was Jerry's, and Lucy and the boy were in it, their heads together. I stumbled outside. The roadster was 100 yards down the street, bound for the open desert and, I supposed, the Devil's Mouth. “Lucy!” I roared. “Lucy! Jerry! Stop there! Where are you going? Lucy! Jerry! They did not hear me. Shouting their names, I tore down the street. Still they did not hear me, and the roadster passed entirely beyond the range of my voice. Plunging into the livery stable, I climbed unsteadily into the car, determined to catch them if I burned out the engine. The sun had gone to my head and my heart, not as good as it used to be, was thundering unmercifully against my ribs. A swallow of water revived me and I started the engine. The car slid for- ward with a springless thud, thud, | that sent me tumbling out again. ‘The tires were flat. They had been cut by some one. I sank limply onto the running- board. You can hardly blame me for harboring the thought that Jerry and Lucy had seen me after all. But I didn’t harbor it long. I knew my Lucy better than that. And Jerry was a fine manly young fellow with the instincts of a gen- Plaintiffs and Appellants, vs. North. Dakota Workmen's Com- Defendant under Laws of 1919, is not a legal entity subject to suit, and a suit against it is in legal effect a suit against the te. Where a law authorizes the creation of a bu and place: within its administrative control a fund to be expended for particularly enumerated purposes, and where the act contains no authority to bring suit against the bureau and no con- sent that the state may be sued is expressed therein, the bureau is not subject to suit. (3) Express authority given claim- ants to prosecute appeals to the courts in certain instances where claims have been denied, is not a consent to suit. (4) The consent to subject itself to suit, which the state has granted by Section 8175 of the Compiled Laws of 1913, is a limited consent and does Fred Jan- ment on a car for two more weeks.” Opinion of the court by Birdzell, J. L. J. Palda, Jr, C. E. Brace and Robt. W. Palda, all of Minot, Attor- neys for Appellants. James. Morris, Attorney General, Appel from the district court of @| Trail! county; Hon. A. T. C and ‘Thomas J. Burke, Assistant At- oiler. ov General, Attorney for Re- From an order denying thei rary injunction bie plication for a tem; ,, ae Robert Larson, 12, Dies *Prninite and Respondent. |and granting _affi sarap boa ; against them, plaintiffs At Home in Baldwin Robert Andrew eat died at 4 ae legal discretion of the trial court. 1 ag by the Court if Decisions of Supreme Court Robert D. Opinion the court by Nuess! 1, An application for relief from a| Lemke & Weaver, of Fargo, default judgment made under Sec- Bee. G. McLain Johnson, tion 7483, C. L. 1913, providing that | Hillsboro, for respondent. the- Pcunhie: its triphone and ‘upon suc! as may just at! State of North Dakota, plaintiff any time within one year after no-| and respondent vs. Lawrence’ Fradet, tice thereof, relieve a party from &| defendant and appellant. judgment, order or other proceeding} 1, The right of a defendant ar- ineral taken against him through his mis-| rested on a criminal charge to a pre-|services at the Presbyterian church, take, inadvertence, surprise or eX-|liminary examination is statutory|Baldwin, at 2 o'clock, Wednesday cusable neglect, is addressed to the) and may be waived, and accordingly | afternoon, the Rev. I. G. Monson to any act incidental to such an ex-|officiate. The interment will be in io aa plot in the Baldwin ceme- ‘The boy, who had been ill but two days and died in versed in part and affirm Defendant and Appellant. Mr. and No, they had neither seen nor heard me just now, or, incredible as it seemed, when I first had come into the town. But where had they been that the blaring of my car horn had not reached them? The Two Broth- ers Mine? Likely cnough. And where were they off to now? San Felipe! On Lucy’s account Jerry had insisted on the longer route across the valley instead of the shorter but more dan- gerous one by way of Pitchfork Can- yon. They would be in San Felipe before midnight. Yes, I knew my Lucy! But not so well as I thought, it was to turn out. (Copyright, 1929, Wm. Morrow Co.) sound judicial discretion of the court, and the court's ruling in that regard ‘will not be disturbed on appeal unless it appears that in making it there was @ manifest abuse of discretion. 2. A defendant is entitled to relief from a judgment as a matter of right where the court was without juris- diction to enter the same because no service was made upon him, 3. The questions as to whether service was made upon a defendant and the court has jurisdiction to en- ter a judgment against him, are bot- tomed on matters of fact which must be passed upon by the trial court. The court having determined these ques- tions in the affirmative, the burden of establishing error in so doing is upon a defendant who seeks to set the judgment aside because service was not made upon him. 4. Record examined, and held, for it reasons stated in the opinion, that the |dict is against the evidence. defendant has not established error |vs. Glass, supra. ‘on account of the denial of his appli- 8 llabus by the Court cation to vacate the judgment taken| Appeal from the district court of against him by default, La Moure county; Hor 4 (Syllabus by the court.) McKenna, judge. Defendant, con- Appeal from the County Court of |victed on a charge of unlawfully Cass County; Hon. Leigh J. Monson, {having possession of intoxicating Judge. From an order denying his /|liquor, appeals. application to vacate a default judg- ‘Affirmed, Opinion of the court nd for leave to answer, defend- | b; Ellendale, and Bismarc! amination may be waived. Is someone else in Torridity? Who cut the tires on Peebles’ car? Temorrow's chapter reveals new intrigue, mystery. Purchasing Staffs Of Railroads to Hold Convention on Coast St. Paul, June 11.—C. C. Kyle, pur- chasing agent for the Northern Pa- cific, who is chairman of the pur- chases and stores division of the American Railway association, has completed arrangements for the 1929 convention, which will be conducted * San Francisco on June 24, 25, and r grounds for a new trial under the statute must be 80 presented; otherwise they will be deemed waived. ee vs. Glass, 29 N. D. 620, 151 '. 229, 4. The sufficiency of the evidence to sustain the verdict in a criminal About 600 persons will attend the meeting, he said. Three special trains will carry delegates from Chicago. Two Pullmans out of St. Louis and one out of St. Paul will be placed in one of these special trains. En route to the convention, a two-hour stop will be made at Salt Lake City and a similar stop will also be made at Sacramento. The principal speakers at the con- vention, which will be conducted at the Palace hotel, will be Paul Shoup, president of the Southern Pacific, and R. H. Aishton, president of the American Railway association. Both will speak at the opening session on dune 24. In addition to the members who will travel on special trains, several hundred will go from southwestern points and also from the Portland, Tacoma, and Seattle districts, Mr. Kyle said that a large delega- tion of purchasers and stores officers from Canada will be at the conven- y__Nuessle, J. ppeals. W. J. Austin, of AFFIRMED. Opinion of the court’by Nuessle, J. F. O. Hellstrom, of Bismarck, for appellant. ent. Usher L. Burdick, of Fargo, for re- spondent. (Christianson, J. being disqualified, did not participate.) Conrad A. Lindblom and Elsa Lindblom, Plaintiffs and Appellants. v Ss. The Union Central Life Insur- ance company, a corporation, Eaton Loan Agency, a corpora- tion, and Sox & Schnell, a co- partnership, Defendants and Respondents. This case ts governed by the deci- sion rendered in Olson ¥. The Union Central Life Insurance Company, et tion. ° La Moure County; = «| Xitied in part nid. reversed in rT ae eg ea mi part and rev | City Commission || Rovert A. Eaton, of Bdgeley, tor ° © | appellants. Holt & Frame and Lawrence, Mur- phy & Nilles, all of Fargo, fer re: spondents. is Edith Vinquist and Carl A. Shell- laintiffs and appellants vs. jiegert, defendant and respon- dent. 1, Justices of the peace have no jurisdiction to try. involving oe The following claims against the city were allowed by the city commis- i PEEL Me Hie 3 3 3 RBBEREZES Raat ll es is f the ind against the defe remedy by'appeal is not, Hf tl =