The Bismarck Tribune Newspaper, June 15, 1929, Page 2

"BS" Ree Feta se wee Wee. PAGE TWO 4960 COUPLES WED | IN STATE LAST YEAR AND 461 RELEASED Department of Commerce Gives | Out Figures on Marital Im- provement in WN. D. , FAILURES ARE .72 TO 1000 Burleigh County Credited With 146 Tie-ups and 27 Sev- erances in 1928 Washington, June 15.—The depart- Ment of commerce announces that, | according to the returns received. there were 4.269 marriages performed in North Dakota during the year 1928, as compared with 3,973 in 1927, repre- senting an increase or 296 or 7.5 per cent. In 1916, 4,396 marriages were performed. During the year 1928 there were 461 divorces granted in the state, as compared with 506 in 1927, represent- ing @ decrease of 45 or 8.9 per cent. In 1916, there were 478 divorces granted. There were 7 marriages an- hulled in 1928, as compared with 8 in 1927. According to the state census, the Population of North Dakota in 1925 ‘was @%1,192, and since this figure rep- resents @ decrease, as compared with 1920, no estimate of population has been made. On the basis of the 1925 census figure, the number of mar- tiages per 1,000 of the population ‘was 6.7 in 1928 as against 6.2 in 1927, and the number of divorces per 1,000 of the population was 0.72 in 1928 as against 0.79 in 1927. ‘The number of marriages was fur- nished by the state health department: and the number of divorces by the clerk of the district court of cach county. The figures for 1928 are pre- liminary and subject to correction. Marriages Divorces 1928 1927 1928 1927 461 506 County Total number in the state Number per 1000 of the popula- 4269 3973 0.72 0.79 Billings .. Bottineau Bowman Burke . Burleigh . Cass ... Cavalier . Foster Golden Valley Grand Forks . Grant ‘Temperature at 7 a. m. 2 13 1 ‘ rs Deere: watsanun ts Semonwws: SueSew: waswe f Weather Report 2 7 1 ” 23 : RavraeEstnaa: : = ais Sue! suSmansunaravedw: i Seme: ware “4 | & 53 05 Cloudy 85 60 .04 PtCidy 81 52 .02 Clear. 83 54 .00 Clear 78 60 .00 Clear 83 57 61 Clear 86 52 .00 Clear 82 58 00 Cloudy 86 55 05 Clear 81 62 22 PtCldy & 59 00 Cloudy & 57 05 Clear 83 55 01 PtCldy 80 56 50 Clear 83 56 00. PiCidy $2 63 00 Cleur 8 55 .00 Clear 58 00 PtCldy 88 42 00 PiCidy $3 6 99 Cloudy ‘Williston @2 56 00 Clear ‘Moorhead, © 6 00 Cloudy WEATHER FORECASTS | E i z { E the | i I i i i i i g t [ E il i E a8 i -|sereen version. Injured Towner 56 62 3 Trail 43 3 2 Walsh . 106 4 8 Ward 311 6572 Wells .. 80 7 3 Williams 91 88 12 12 °C i People’s Forum = | > Charbonneau, N. D. | Editor Tribune: “Women and children first” is the rule of the sea. It is also the rule of the land, written in the hearts of all moyal Americans. The federal chil- ’s bureau reports that during the old days of liquor regulation, which, in point of fact never did regulate, drink was a factor in the homes of ; 48 per cent of the juvenile delin- quents, and that since prohibition the Percentage has dropped to 19. With ; well enforced and observed prohibition it would be reduced number. The bureau reports a decline of delinquents for all causes, Population considered. Prohibition helps childhoed and the home. R. M. CALDERWOOD. {AT THE MOVIES ° a negligible ° | * CAPITOL THEATRE The romance of the old W. vides a colorful and interes: ground for “The Lariat Kid,’ Gibson's newest Universal thriller, which is scheduled to make its first apearance at the Capitol Theatre to- night. The picture is an adaptation of Buckleigh F. Oxford’s well known novel of the same name. The full measure of romance, beauty, and action that so charmed and thrilled the readers of the story is trans- ferred to and intensified in the For location, the company journeyed to a section of the West where the remaining land- marks are rich with legends and offer numerous scars as mute testi- .|[ OUT OUR WaY WELL) SO LONG Bovs-OH NOo~ Suet Lain’ oFF AWHILE — NEVER ANORK WwW TH’ * SUMMER — Suet | LOAF AROUND AW ANTOY LIFE TLL (COLD WEATHER. Solution of Vesterday's Puzsie Hoot; 1. Cover & Printer's measure e stern ine 40 1. Lie opt mt 2 Sen aymph 89, Teitehings }. 4% Leg joint. 4%. Performed mony to the glory that once was theirs. “The Lariat Kid” is heralded as one of the best pictures that Hoot Gibson has turned out in months. {It is packed with breath-taking stunts and exhilarating thrills from “ opening scene to the final fa out, *| Motor Freight Plea for permission to extend its motor freight service to include the towns of Garrison, Coleharbor, Underwood, Washburn, Wilton and Bismarck will be held by the state railroad board here on June 24. Protest against extension of the motor freight service has been filed by the Soo Line railroad, which now s.rves the towns named. {Onyx Deposit Found In Black Hills Area Ranid City, S. D., June 15.—M— Onyx or travertine, one of the most beautiful marbles in the world, has been discovered in the Black Hills. A quarry has been opened near Cus- ter and investigation has disclosed a vein of marble 300 feet wide and 1,500 feet long. It is believed to be the largest deposit of onyx yet dis. covered on this continent. Today in Congress (By The Associated Press) SATURDAY Congress is in adjournment over week-end, Senate finance subcommit- tees continue tariff hearings. How 00) / How 4oOu 00 ]/ why FER Interstate Transportation company Marriages Increase in North Dakota, acnoss By SYNOPSIS: Momentarily safe from the shots of his unknown as- sailant in the Lundy Place, Fce- bles rests in the room into which he stumbled, As the terrific wind- storm abates and the darkness of the room lifts slightly, Peebles makes a discovery that leaves him gasping. Two silent figures are seated at a table near him, apparently playing cards in the dark. bles believes he is be- coming mad, shouts at the figures, begging them to speak. They re- main silent. the table, touches one figure on the arm, then on the face and feels—celd flesh! He faints. CHAPTER 23 THE DESERT RAT It was morning when I came to. A finger of sunlight slanted across my face, intensifying an ache at the back of my eyeballs. Still in a dazed con- dition, I lay quiet and waited for memory to refresh itself of the events of the night. First, there had been the wind- storm, turning calm day into furious night and spinning me into the re- sort; discovery of Dillon in the hall. my ascent of the staircase, and Dil- lon stalking me in the gallery. The crack of his pistol, the bite of bullet on woodwork. They were as vivid to me as fire. A door had opened, then— Here I paused. The sandstorm, my experience with Dillon, my painful been real. But the rest of it? The two men playing poker in the dark. Their cold, waxed faces—I shuddered. Nightmare or delirium; nothing more. Yes, I saw exactly where reality ended and illusion began. 1 was lying on the floor in one of the rooms off the balcony, a pillow under my head. A bed, a bureau, and a chair were in the room. The door had been smashed in. Sitting on an empty case, a rifle between his knees, | was the oddest-looking creature I had ever seen. | He was a little wizened-up crab- apple of a man. Snow-white hair thatched his skull and ears and neck, and his face was furrowed like a fresh-plowed field. His arms were long like an ape's and enormously strong, I thought, and they term- inated in a pair of sinewy hands. He was fingering a lump of quartz, at which he peered through a lens stuck in his eye. “Good morning, Furie,” I said at ingth. His ancient head flashed up and I put his age at eighty. The small, red- rimmed eyes, China-blue in color, were set in a dirty wedge of a face. ‘The glass in his eye, held monocle Tel ° fashion, was eight-sided. To Be Heard June 24; “He—he—he!” the old man Soo Line Is Opposing gackled. "Bo ye ain't cold hawg yet, — uh?” Hearing on the application of the| ppt Gone Row that it isn’t your fault “Huh!” he shrilled, shaking _ his shaggy head at me. “Hain’'t I bust in the door an’ put yer head on a pil- ler an’ gived ye a guzzie o' water?” “Very kind of you,” I admitted, “but 1 was thinking you tried your hardest to put a bullet an inch from my head up at the Two Brothers.” “There's too many comes a-nosin’ round these parts now'days!” he screamed. “That thar mine ain't none o’ yer business, nor nob'dy else's!” T managed to get to my knees and, by degrees, to my feet. Dropping onto the bed, I fixed a stern eye on the crafty face in front of me. “See here, Furie, you called on Nathan Hyde Friday morning. Where did i find that pistol you sold him?” He began to interlace his bony fin- gers. “Hain't I said I ain't tellin’ nethin’?” T leaned nearer, pointing my finger at him. “You also called on Andrew Ogden. You took him a specimen of gold quartz. Where did you get it?” “I ain't tellin’!” he yelped. “Well, it doesn’t matter,” I said . “You got it from a new vein in the Two Brothers.” He leaped to his feet, speechless and foaming, his walnut shell of a face as yellow as saffron. Quivering, he shook his bony fists in my face, his eyes bloodshot. “Tis my gold, this!” he screamed, By Williams OOES HE DOIT? Cu2 HE AINT PAYIN' NO ALPMOBILE ,ER A HOME, ER A RADIO, ER PIANO, ER NOTHini. nes BISMARCK TRIBUNE D BULLETS CHARLES G. BOUTH prancing up and down, eyepiece rat- tling on its wire. “Hain’t I tramped Skull and Skeleton 50 year alookin' fer it? Hain't I thirsted an’ starved? Hain’t I burned and sweated and freezed? But I found it! An’ nobody’s agoin’ to take it away from me!” Quite mad on the subject of gold, he raved on in this vein. “Would Andry Ogden have knowed it war thar if I hadn't tol’ him, I ask ye? But I'm squar’ shootin’, I is. ‘Andy,’ sez I, ‘the claim is yourn but the findin’s mine, so I'll split ye fifty- fifty.” ‘Ye will not!’ he yells at me. ‘How dare you trespass on my prop- erty! I'll have the roof o' the jail over yer crack-brained head!’” I thought it time to stop him. “Furie! What else did you say to Andrew Ogden “I ain't tellin’ Leaning nearer, I said gravely, “Andrew Ogden is dea “Huh!—what? Dead!” he shrilled. “Dead!” “He was stabbed to death in his li- brary after you left him Friday night.” Whut! Whut! Andry “Stabbed! Ogden! Who did it?” TI looked at him accusingly. “The Police will be asking you that ques- tion before long.” “"Tis a lie" he screamed. him alive!” “Hmn! Well, maybe it is. You can Prove it?” - “Prove it!" he mumbled. “Prove it! How's an old geezer like me to prove anythin’?" Then shrewdly, “How'll they prove it agin me when I didn’t do it?” “Maybe they won't if you tell every- thing you know.” He opened his mouth, then shut it stubbornly. I let the point rest. “Ogden’s son Jerry was here. Did you see him?” “Uh-huh. The girl, too.” “Do you know why Andrew Ogden didn’t want the Two Brothers opened?” “He-he-he!” he cackled. been in the mine, eh?” “No. Why?" “Nothin’, He-he-he! Jes’ nothin’!” “You said you were guarding the “T left be on a diet.” “Ye ain't those people look like?” “Dunno. Both was tall. ‘em ran to meat.” “How long have you been in Skull Valley, Furie?” “God knows. Forty, 50, 60 year.” One of FIRST EVANGELICAL CHURCH Corner Rosser and Seventh Ira E. Hertzberg, pastor “Ever hear of Alex Peterson in the old days?” “Ten-to-One Peterson!” he shrilled. “Ev'rybody knowed Ten-to-One 30 years ago.” “You've lived here all alone—all this time?” I inquired. He nodded mournfully. “Uh-huh. Who'd live in this devil's skillet but a old fool of a desert rat like me? When nee crazy lonely I talks to Bull and ap.” Pp. “Bull and Nap!” I exclaimed. “Who are they?” (Copyright, 1929, Wm. Morrow Co.) Can Furie solve the mystery of Andrew Ogden’s Murder? Peebles is rescued from his predicament in tomarrow’s chapter. {Around the World ° o | 2 Shanghai—)—The_ province of Kiangsi produces $225,000 worth of ppermint annually, lavor the chewing gum for a whole city of stenographers. But in China the product is used only for medi- cinal purposes. The oil is extracted by boiling the leaf. London—(#)—Brig. Gen. Percy Groves, honorary secretary of the Air League of the British Empire, pointed out that Germany’s civil aviators flew 45,000 miles daily last year while England’s were doing only 3,000 miles. He especially urged development of commercial aviation in the industrial regions of northern England. Warsaw—)—This city has pur- chased several bison for the forest of Bialowiezax. Herds of. the shag- gy animals which formerly roamed: there were killed off during the war either by soldiers or poachers. Moscow—@)—Tuberculosis shows a downward trend in Russian cities says the Commisariat of Health. In Leningrad the annual death rate dropped from 38.2 per ten thousand in 1904-8 to 21.1 in 1927. In Moscow the decrease was from 34.5 in 1901 to 15.9 in 1927. - Paris — “er aS plsteraational ongress oi ychology al its meeting igen aectled that its sub- ject should be regard sete sf agg salesmanshi ul . e congress Hoes ee subj > Whether busi- ness men could trained for suc- cess or had to be born that way. Sydney —()—The Australian Federal Science and Industrial Re- increasing. tobacco. “crops "in the increas: 0 sin island continent. More than 1,000 acres were cultivated last year. been no fire Prague——The film censorship of the Ministry of the Interior of Czechoslovakia in 1928 viewed 2,000 motion pictures and 000 feet of film. as moral grounds actua' ments and 29 German films were r. enough to Man. church building Tuesday, Thursday and Saturday, except legal 10:00, morning worship. 11:00, Sunday school. 7:30, Christian Endeavor. 8:00, Evening worship. Wednesday—8 p. m., prayer service, Rev. C. A. Stephens will occupy the pulpit. FIRST BAPTIST CHURCH Corner Fourth street arid Avenue B Rev. O. 5. Jacobson, pastor-at-large Sunday school at 10 a, m. Mrs. Howard McNutt, superintendent. Morning worship at 11 o'clock. Rev. Clay Morris of Sioux Falls will preach. B. Y. P.U. c4 7 p.m. Evening service at 8 o'clock, Rev. Morris preaching. Prayer meeting Wednesday evening at 8 o'clock. FIRST CHURCH OF CHRIST, SCIENTIST Corner Fourth street and Avenue C. Sunday services at 11 a. m. Subject: “God the Preserver of Sunday school at 9:45 a. m. Wednesday evening — testimonial meeting at 8 o'clock. A reading room is open in the every holidays, from 2 to 4 p. m. TRINITY ENGLISH LUTHERAN Corner Avenue C at Seventh Opie 8. Rindahl, Sunday school 9 a. m. Lid Confirmation services, Bismarc! auditorium 10a. m. A Communion services at the church p.m, Please note that our services during the months of June, July and August begin an hour earlier than usual. The regular monthly session of the church council will be held Monday E FIRST EVANGELICAL CHURCH Corner Seventh St. and Rosser Ave. ' Herzberg, i by Rev. Ste; treloome is extanided to ail 0:30 a, m. Sunday school. All nee: Miss E. Brelje, superintend- ent Fee 10:30 morning wership (German). 6:45 p. m. Bible hour in charge of the W. L. 1:20 evening service (English), Sermon: “The Paul S. Wright, Sunday morning at 10:30, broadcast by KFYR ( ye a )—Grace Morris. (Hopkins) Duryee Oftertory’ 'permon—Mr, Webber. ae (Sheppard). 9:30—All pA REN above and luding intermediate. wee meets at this hour in the :48—Christian below auditorium. 6: Endeavor. Sra ad has SIDE GLANCES - - - - By George Clark | “Now you mustn't let the elephants see those peanuts; they may Offertory—Heavenly Vision (Field). Special music. Sermon—Mr. Webber. Organ postlude—Canzonetta (Kern). 7:30 Wednesday—Midweek service. McCABE METHODIST EPISCOPAL CHURCH Walter E. Vater, pastor Morning worship 10:30. Organ prelude—Miss Ruth Rowley. Anthem—Within His Love Abiding (Wilson) —Choir, Offertory. Anthem—I Find Him in My Heart —Adams. Sermon—Justification by Faith—O. SATURDAY, JUNE 15, 1929 While Divorces Decrease to impugn its, good faith, the trial court could properly grant the plain. He foryjudgment non ob- st , (Syllabus by the court.) Al from the district court of Wells County, Hon. J. A. Cottey, judye. Affirmed, Opinion of the court by Birdsell, J. Joseph J. Habiger of Harvey, attor- ney for appellants. Aloys Wartner*cf Harvey, attorney for respondent. Mrs. A. C. Galloway, plaintiff and respondent vs. L. E. Patzer, defend- ant and appellant. In the instant case it is held for Teasons stated in the opinion that the trial court did not err in deny- ing an application to vacate a des fault judgment. Syllabus by the Court Appeal from the district court of Stark county, Pugh, J. The defend- ant appeals from an order ying a motion to vacate a default judg- ment, Affirmed. Opinion of the court by. Christianson, J. Divet, Shure, Murphy & Thorp, Fargo, N. D., attorneys for defend- ant and Prony < Crawford, Cain & Burnett, Dick- inson, N. D., attorneys for plaintiff and respondent. Delia Paul, ent vs. L. E. appellant. This case is governed by the de- cision rendered in Galloway vs. Pat- zer, ante______, Syllabus by the Court Appeal from the district court of Stark county, Pugh, J. The defend- ant apeals from an order denying a ud to vacate a default judg- ment, Affirmed. Opinion of the court by Christianson, qi " ivet, Shure, Murphy & Thor; Fargo, N. D., attorneys for defena: ant and La pall a _ Crawford, Cain & Burnett, Dick- inson, N. D., attorneys for plaintiff and respondent. John Myhra, plaintiff and appel- lant vs. Thorwald Rustad, esl, defendants, Hilda R. Roberts, de- fendant and respondent. (1) Actual notice (Section 7288, compiled laws of 1913) consists of express information of a fact. (2) In the instant case it is held, for reasons stated in the opinion, that the notice given by the plain- tiff was insufficient to charge the defendant with knowledge of an equitable mortgage claimed by the plaintiff. Syllabus by the Court Appeal from the district court of plaintitt and respond- ‘atzer, defendant and W. Kolberg. Organ postlude. 12:00 noon—Sunday school. 7:00—Epworth League, Evening 7:30—Vacation Bible school closing program. A pageant demon- strating the work of the school will be the feature of this program. The large and successful school calls for the expfession of interest on the part of every church member. Plan to be Present for this program. Wednesday 8:00 p. m. Prayer meet ing, lead by C. C. Boyce. * . | Supreme Court | > = o Sea-Gate Tire & Rubber Co, @ corporation, Plaintiff and Appellant. vs. O. K. Butts, et al, co-partners doing business under the firm name and style of the B & B Tire Jobbers, Defendants and Respondents. 1,_ Following Goh! V. Bechtold, 37 N. D, 141, and other decisions, it is held: Undes section 7966, Compiled Laws 1913, an action is terminated when the time for an appeal from the judgment has expired, and the trial court has no authority thereafter to entertain a motion for a new trial, over the objection of the adverse party, unless the final character of the judgment has been suspended by proceedings commenced before the time for appeal had expired. 2. In the instant case a motion in the alternative for a new trial or for a judgment notwithstanding the ver- dict was noticed to be heard before the time for appeal from the judg- ment had expired but was not brought on for hearing or in any manner presented to the court until after the time for appeal ex- pired; there was no agreement either express or implied on the part of the adverse party for a continuance of Richland county, Hon. George M. eee chee ‘irmed, inion of the by Birdzell, J. e pieas Purcell & Heder, of Wahpeton, attorneys for appellant. Lauder & Lauder, of Wahpeton, and Lewis E. Jones, Breckenridge, Minnesota, attorneys for respondent. Otto H. Thompson, plaintiff and respondent vs. State Bank of Lisbon, et al, defendants, State Bank of Lisbon, a corporation, defendant and appellant. 1, Th. transfer of a promissory note carries’ with it a - mortgage securing the same though no at ment of the mortgage is executed and delivered. 2. Where a debt secured by a mortgage is reduced to judgment, ayment and satisfaction of the judgment discharges the mortgage. Syllabus by the Court Appeal from the district court of Sargent county; Hon. Charles E. Wolfe, judge. From a judgment quieting title to certain real prop- erty in the plaintiff, defendant ap. peals, Affirmed. Opinion of the court eee! J. 4 . S. Thomas and C. S. E, of Lisbon, for appellant’, ~&° Pott Kvello & Adams, of Lisbon, for respondent, eee, SMOKE BEFORE THE DINNER? RORS! in the opinion of Isadore Kraus, chef at the Schroeder hotel. Kraus, whose passion is the prep- aration of succulent dishes, wrings his hands as he recites the evils of smok- ing before dinner. “It does not suit me,” he says de- page “when I prepare a fine din- ner, a lovely dinner—composed like a Ppoem—and then before each course People must puff at a cigaret and ruin. the taste of it. It spoils the appetite to| completely, “He who has a-fine taste will not smoke before eating. After dinner, yes, a cigaret or a good cigar—but before, no, It used to smoke only the menbernen. : ut now it smokes the ies, too.” founded; that the final character of | !adi the judgment had not been suspend- ed by any proceeding had subsequent to the rendition thereof; that the ac- | tion was no longer pending and that the district court was without power to hear or determine the motion for 8 new trial. (Syllabus by the court.), ‘i Appeal from the district court of couny, McFarland, J. or for a new AFFIRMED. Per Curiam Opinion. A. F. Greffenius, Ritchie & Ploy- har, Valley City, N. Dak., Attorneys ost and Appellant. Attorney ry for Defendants and Re- nts, Lanier, Jamestown, N. Dak, | T Elephants are not regarded as mature until they reagh the age of 380 or 50. NOTICE OF MORTGAG FORECLOSUNE SALE” Notice is here! certain mort, livered by ‘Olof i} that. th OT, Fertiein tat See y instrament ie “Free, tust Company of Freepers, Ties filed tor record in the pttice of oni ‘ister of Deeds on 20th, 19: and recorded in Book. 110 of Hacc on page 67, will be foreclosed by sale of the premises in such mor jage and hereinafter described at t! ront door of the Court Hor tl City of Bismarck, County urlel: and Btate of North Dakota, o1 day, the 18th fay. of June, A. 1929, ag the hour of Two (2) o'clock in the afternoon of said day, to watisty the apount jue on said mortgage on day. aoe premises described in such rt i ‘which wi Fatah esc eeu ct INW%) and the Southeast f Bec a Mownship. One reeairty = instrument Yo hundre 4 ection | five (18), Went'ot hevsihly BEE a b Dakota, Buzlelgs a eoe Nort! rt. ue upon such mort: on day of sale, pri pale n= and taxes id moi Pane i mot er ‘the ferent 281, ee with ored and statu- at burn, North Dakota, fax, they 1929, EROS A ROMP ie A a ”