The Bismarck Tribune Newspaper, August 26, 1929, Page 6

THE BISMARCK TRIBUNE. MONDAY, AUGUST 26, 1920 State Mill and Elevator LOSSPER BARREL OF FLOUR EQUALS 438 ~ GENTS DURING TIME Ground 879,521 Bushels of Wheat and 197,907 Bar- rels of Flour LARGEST LOSSES IN MAY Storage Facilities in Greater Use; Grain Largely Was Bought in State Losses of the state mill and elevator for the first six months of 1929 to- taled $88,846.64, or 43.6 cents per bar- rel of flour manufactured, according to the semiannual report of K. ©. Nelson, mill auditor, a: filed with the state industrial commission. the period the mill ground 879,521 bushels of wheat into 197,907 barreis of flour. For the first time in the history the mill a profit was shown in Marcia ‘The report shows it to have been $15,515.79. The largest loss was su tained in May, when $29 put on the books in red ink, and the smallest loss was $7,244.24 in June. Loss Includes Interest The figures showing a lo: to finance the project, and charges for depreciation. If these items were ignored, Nelson states, the project would show a profit of $70,201.02 for the first six months of 1929. One reason for the unusu showing in June, Nelson said, is thai a charge has been set up for stora: of all grain in store since January and for interest on freight advances, the two items totaiing about $5.0 This income should be distribut equally over the month period in- stead of being allotted to Junc, he ly good said, but there is no way to do this in) @ report covering the month only. Nelson estimates that it will be necessary to sct up a fund of approxi- mately $10,000 to take care of bad debts which are expected to occur in connection with large accounts in Milwaukee and Chicago. Storage Use Grows More use is being made of storage facilities at the state terminal clc- vator now than ever before, the re- port notes, 72,145 bushels of wheat being in general storage and 301.9! in special storage. In addition 52,763 bushels of durum wheat is in special storage. Of 792.046 bushels of grain pur chased during the period. 638.097 was purchased in North Dakota and 333,949 bushels from Montana. Of the wheat purchased in North Dakota 506,727 bushels were purchased from country elevators, individuals and farmers’ cooperative organizations. Nelson said that the showing for the first six months of 1929 is the best in! the history of the institution for any similar period from January to July. Comparing the loss with previous Years, he said, it is $57.339.69 beiter than in 1928, and $25.387.83 better ! than in 1927. Better Prices Help Commenting on the reasons for the improved showing, Nelson said: “I at- | tribute this better showing to ge _ ting better prices for castern business ‘and selling less flour in that territory. | There still is room for improvement in this respect... . The prices which ‘we have been getting in that territory may be in line with the prices at | which it usually buys flour, but we cannot compete with such prices and | hope to make any showing.” The record of the enterprise for the first six months of 1929, by month \ 4s shown by the following tables: Bushels_ Barrels Mid. 28.551 147 8 309 40,399 | 121,121 27,272 | ++ 879,521 197,907 Gain Lossper Gainper per Bbl. Month Month ‘danuary .. .59 $16,880.62 February . .762 23,738.42 ‘March MA ‘70 24,742.83 -736 29,756.24 25 1,244.32 «++ $102,362.43 ‘Consolidat loss (90.438 per barrel) ....... + $86,846.64 FEDERAL FARM FACTS The federal farm board has an- "” marketing situation which exists. The only relief, the board ns, is for wheat farmers to ob- gn orderly marketing program til the new organization begins to s* * A survey taken of more than 11.800 During | ot implicated Abst - to take include f charges for interest on bonds issued ¢ "| isting $15,515.79 | Lost $88,846 in First Six Mo Bandits’ Confessions Clear | | Lamar lo., Aug. 26.— (NEA) —j |From the lips of three of the men} who did it, has com the “inside story” of the worst crim: n 7 of the mode: {holdup of the Fi Lamar on May the murder of four persons. of the men arres { L. E. Alderman of I She: ‘orado Springs in the cou ational 15 - mo | Colorado oil cir nd Herbert L. ‘Killer’ $7,000 Rew: With a head, the f a. brother ‘d fo of $7 d 0 h man, of Ralph —is now on afes: ‘ere quickiy down after an wound in {made by a bu ston, enraged by - to rove it it killed A st gle who shot ant d shot Royston in the mouth while resisting the holdup. With E. W. Kesinger. bank employe |whom they kidnaped. the bandits fled | |to F gle’s ranch near Garden Cit using Kesinger shield w Sheriff Alde: fon them in hot pursuit Dector Celdlvy Murdered This completed, Abshicr \Pleagle shot and killed th silence him. ‘The body int on. and the doc | dri er beh it Meanwhile, Kesi |bound and gagged in jranch For two day Jake and Ralph Fie: who to kil aA Abshier Jend a shot was heard. took Kesigner’s body away and dumped it b: | The bandits sep: {fingerprint left on Dr. several ted Wineinger's auto by Jake Fleagie when he de- coyed the doctor to the ranch proved the clue that led to their undoing. Tt was by this means that Sherifi|jiston, and Watford City are’ those but Alderman traced the ganc. L Abshier that only jthe loot was in cash and Liberty non-negoti- bonds, t rest being: shier and Ry paid ov hi: on. '¢ he fled. three prob: at Sept. 17. realize that the} hanged for the ¢ Meanwhile, the search Fleagle, who is said to ha Officers probably me. ty | for others, goes on. Potato Rates Bring Two More Complaints. Grand Forks, N. D., Aug. 26.—(P)\— Two more complaints involving ex- potato rates from the Red | River valley have been made by the Northern Potato Traffie association, representing growers of the Prince- ton-Cambridge group in east central Minnesota, it was announced by T. A. Durrant, traffic manager of the {Greater Grand Forks traffic associ- ation. | the rates on potatoes from points in ithe Red River valley in Minnesota {and Wisconsin to points in the states jof Kansas, Arkansas, Louisiana, Ok- jlahoma, and Texas, favor the inter jests of valley growers and are pre- | judicial to the Princeton-Cambridge | growers, The other complaint involves the car rental charge of five dollars | for furnishing of a refrigerator, v lator, or insulated box car, etc, when for the shipment of | $238,000 Lamar Bank Job 1 Fleagle, an., captured by! an in Illinois; George his Jake Fleagle— being capture, | n his cell for! gle broke ‘eatened picture cf an old was shier and Roy- ing been “double was | ged bank president, and a1 Parrish, after the elder human | 7 nan fired {the two complaints, Mr. Durrant to- Then Dr. W. W. Wineinger of ighten, Kan., was decoyed to the nch by Jake Fleagle to treat Roy 's terrible wound in the mouth, ys, Jake | dector to! to intervene in the two complaints. ; thrown | : iar’s auto | #lso_ petitioned kept | Princeton-Cambridge group, involving shack on the | Present potdto rates to Ki says, | le argued over | Leavenworth, Kan.; Finally, | Council Bluffs, Ta hack together | taking the same rates, M?. Durrant, 1. Then they miles, the road.) Health Man Approves a} ‘which have received the approval of 0 of the bureau of sanitary engineering ‘operated by the state department of | list_of approved camps is made by A. | able paper. The Fleagles, he said ‘0 0 cach, leaving only a little n $6,000 to be ided be- | burcau. And almost all wounded jaw 11 go to trial} y they be Jake ve planned the robbery, and to have recruited the lat the peak of the tourist ‘season it |@%d hold enough of said crop which | was not ‘park board. of which George Valker |fendant, John Arvidson and one Mr. State of North Dakota Filed August 16, 1929. James Hart. Trustee of the | Estate of Edward J. Curtin, Bankrupt, | Plaintiff and Respondent | vs. Pat Ronan, J. P. Burns, and Ellen Law Warner, Defendants and Appellants. 14. A tru: individual partner has no right to | interfere with the firm assets or to | assume po: ion of the property of the partnership without the consent | of other members of the firm. | A trustee in bankruptcy does not acquire title to property the legal | title to which is in the bankrupt as trustee. 3. The provision of section 47a of the national bankruptcy act as amended by the act of June 25, 1910 (36 Stat. ai L. 838, Chap. 412, Comp. | Stat. 1913, sec. 9631) that a trustec {in bankruptcy “as to all property in | custody, or coming into the custody, }of the bankruptcy court, shall be ; deemed vested with all the rights, | remedies, and powers of a creditor lien py legal or equitable ceedings” becomes applicable, and gives the trustee the status of a ered- aor holding a lien, as of the date of the filing of the p€tition in banks ruptey and dees not have any retro- ; active effect. ) 4. In the instant case it is held } that a certain tract of real estate did ; hot belong to the bankrupt, but be- | longed to a partnership or joint ad- |member; thal the trustee in bank- | Tuptey merely succeeded to the rights {that the other members of the part- |nership or joint adventure are .not estopped from Above, Hersert L. Royston; below, corge J. Abshier, regards ownership, (Syllabus by the court.) From a judgment of the district fic association are now assessed | court of Golden Valley county, Berry, charge or rental of refrigerator | J. defendants appeal. ' Reversed. cars between Oct. 15 and April 15, Mr. | Opinion of the court by Christianson, nt points out. J. Theo. B. Torkelson, Bowman, N. Because of the interest of potato Dak., and Crawford, Cain & Burnett, | shippers of th> local association in | Dickinson, N. Dak., attorneys for de- | fendants and appellants. Kachane & Kuhfeld, Beach, N. Dak., attorneys for piaintiff and respondent. prepared petitions to the Inter- state Commerce Commission for leave | ‘The Grand Forks association has John F, Timm and Lydia Timm, to intervene in Plaintiffs and Respondents ; brought by VS, + | Defendant | th: complaint John Arvidson, as City mn and and State Bank of Garrison, a and St. Joseph, Mo.; Fi DECISIONS OF STATE SUPREME COURT ee in bankruptcy of an | of the bankrupt in such property and | serting their inter- | ests and showing the actual facts as ; Birdzell, J. Senn & jing Commission of 'surety upon his official bond is not answerable for punitive that might be recovered against the wrongdoer. 2. Chapter 158, Session Laws of 1919 (Article 10, Chapter 4 of the j the Compiled Laws of 1913), which creates a state bonding department for bonding public officers and em- ployees, construed and held not | to authorize the recovery of punitive jor exemplary damages from the jstate bonding fund. 3. Where one injured by the act of an officer bonded in the state bonding fund sues the officer and s the fund as a defendant pur- ant to the provisions of Section 200b10, 1925 Supplement to the Compiled Laws of 1913, and where the pleadings do not seek to differ- entiate between the liability of the lindividual defendant and the fund for any recovery above that neces- sary to compensate the injured par- ty, he waives, for the purpose of jthat suit, his claim to punitive or exemplary damages 4, Where in a suit the plaintiff has sought to avail himsclf of a statutory remedy and in doing so has waived his claim for punitive damages, an instruction authorizing | the recovery of such damages is pre- |judicial as against both defendants jregardless of whether they might {have been awarded against the one ‘guilty of oppression or malice in an- other action or by a separate ver- ‘dict under different pleadings in the venture in which the bankrupt was a |S4me action. 5, Voves v. Great Northern Rail- way Company, 26 N. D. 110, 143 N. V. 760, 48 L. R.A. (N. D.) 30, is distinguished. (Syllabus by the court) Appeal from the District Court of Ward County, Hon, Fred Jansonius, Judge. Reversed and new trial lasey, of Rug- by, and Robert H. Bosard, of Mi- not, Attorneys for Appellant. E, R. Sinkler and G. 0. Brekke, both of Minot, Attorneys for Re- spondent. Joe Paulus, Plaintiff and Appel-| lant, vs, State of South Dakota, a} foreign corporation, and Coal Min- issi the State of South Dakota, a department, subdi- vision and agency of the State of Neb.; points | poration, | Intervenor and Appellant. | and othe Under section 6094 C. L. 1913, ) said. | “If a lessee of real property remains in possession thereof after the ex- | piration of the hiring and the lessor | accepts rent from him the parties are | presumed to have renewed the hiring | on the same terms and for the same | time, not exceeding one year, but) from r to year so long as the pos- iession is continuous aad no other jcontract is entered into, the terms of | {the old contract are in full force and | effect and governs and controis the |rights of the parti | 2. An executed change in the! | written contract by which the lessor 5 N. D. Tourist Camps Minot. N. D., Aug. 26.—The tourist camps of Minot, Stanley, Ray, Wil- lecated in northwest North Dakota health. Announcement of a revised |iurnished the seed and held the crop | |on division, instead of the lessee fur- | nishing the seed and receiving two- / thirds of the crop on division, does | |not alter the nature or break the | |continuity of the holding and is not a new agreement creating an estate but only an executed modification of the old contract. 3. Under a provision in the con-, L. Bavone, Bismarck, director of the The Minot camp, which provides free king. washing, and bathing facil to travelers, has been well filled throu;hout the summer, ac- cording to Bert Wilson, Minot park superintendent. Now, however, the number of persons registering at the camp is beginning to fall off. Fri- , = Gay night about 50 persons spent the ‘Tact reserving the title to the crop night camping on the commodious ‘ the lessor or the lessor is entitled | grounds provided here, Mr. Wiison | the possession of all the crop until | said. During June and July, however, | @vision, and has the right to take | uncommon for between 40 | Would on division of the same belong ! and 50 cars to be entered at the park |t0 the defendant to repay the lessor | cach evening. any and all advances made by him A program of gradual improvement, | t© the lessee or any indebtedness due ) undertaken to make the Minot tour- | him from the lessee. Fe ist park one of the best equipped in| 4. An instruction by the trial | the northwest. is being carried out | judge that, “There is no question but | under the authority of the Minot |that the land was leased to the de- | is president. Recently a new cabin, |Mellum under a written contract in take judicial notice that a sister state of the Union is a sovereign state, and such fact will be deemed} part of the pleadings (Paragraph | 18, Section 7937, Compiled Laws of 1913) notwithstanding allegations that a defendant state is a forcign corporation. i 2. An American state is sovereign | and immune from suit at the in- | Stance of individuals without its con- sent. 3. An action against a sister state cannot be maintained in the courts of this state by an alien resident in the absence of the consent of the de- | fendant, and it is incumbent upon a) plaintiff to show by his pleading: the unqualified consent of the de. fendant. 4. Where a state has consented to be sued, suits against it must be! brought in the courts designated in! the act expressing such consent. (Syllabus by the court) Appeal from the District Court of | {Grant County, Hon. H. L. Berry, Judge. Affirmed. Opinion of the court by Birdzell, J. S. P. Rigler, of Hebron, and Ja- cobsen & Murray, of Mott, attorneys for appellant. F. M. Jackson, of Hettinger, and | M. Q. Sharpe, Attorney General of the State of South Dakota, (of counsel) attorneys for respondents. State of North Dakota, Plaintiff and Respondent, vs. W. V. O’Con- nor, Defendant and Apellant. a‘ 1, An indictment charging an of- Vv. damages | Political Code, 1925 Supplement to granted. Opinion of the court by! From Slope County Ole Twedt, Plaintift-Respondent, Ns. Elias Hanson, et al, Louise Brockman, Defendant-Appellant. Syllabus: 1. After land has been Sold at tax sale and a certificate of sale has been issued by the county | auditor such sale cannot be sct aside or held invalid on the ground that the tax was illegal because in excess of the amount allowed by law, as the Defendants. declaring “no sale shall be set aside or held invalid, unless the party ob- jecting to the same shall prove either that the prope:ty upon which the tax was levied was not subject to tax- ation, or that the taxes were paid prior to such sale, or that notice of such sale as required by law was not jgiven; or that the piece or parcel of land was not offered at said sale to the bidder who would pay the amount for which the piece or parcel was to be sold,” prohibit such attack at such a time. 2. Where lands, presumably in the same township and range, are listed together and the notice of tax sale described land in Twp. 138-99 to be sold for delinquent taxes as “SW% less R. W. Sec. 28” and other similar descriptions, with the term “Twp. 138- 199” at. the head of the list, such de- scription is a sufficient compliance with the requirements of the statute prescribing the method of describing land to be sold. 2206 of the Revised Code of 1913 a tax deed executed by the county auditor is “prima facie evidence of the regu- larity of all of the procecdings from the assessment and valuation of the land by the assessor up to ihe execu- tion of the deed.” 4. Before the execution of such deed the law requires the county aud- itor to issue notice of the expiration of the time or redemption and pro- vides how such notice shall be served upon the parties interested. The bur- den of proof to show the failure to follow the requirements of the stat- ute is upon the one who attacks the validity of the deed, and where the record fails to show notice of expi- ration of the time of redemption was not served as required by law, and where the record fails to contradict the recitals in the deed to the effect that “proof of legal notice of expira- tion of the period of redemption” has been “filed in the office of the county auditor” prior to the maturity of such certifjcate as provided by law” such deed will be held valid. Appeal from the District Court of South Dakota, Defendants and Re-|Slope county, Hon. F. T. Lembke, spondents, Judge. 1. The courts of this state will] Affirmed. Opinion of the court by Burr, J. G. P. Brownlee, of Amidon, N. Dak., for Respondent. for Appellant. From Burleigh County Filed Aug. 19, 1929. B. L. Schultz, Plaintiff, Appellant and Respondent, vs. 8. A. Olsness, Commissioner of Insur- ance in and for the State of North Dakota, Defendandt, Respondent and Appellant. (Cross Appeals) Syllabus: The state hail insurance act. (Laws 1919, Chap. 160; Supple- iment to the 1913 Compiled Laws of North Dakota, secs: 189b1-169b30), is construed and it is held: 1. That a crop-listing affidavit filed with the county auditor on June 10th, is timely, under section 11 of the act (sec. 189bi1, supplement) which provides that if any assessor neglects to list land cropped or to be cropped or improperly lists the same, that any owner or tenant or their agents may list such land with the county auditor prior to June 10th by making and filing a crop-listing af- fidavit. 2. For reasons stated in the opin- ton it s held: (a) That certain crop-listing af- fidavits in question are show to have been filed with the county auditor on June 10, 1926. (b) That the trial court was cor- rect in holding that certain crop-list- ing affidavits made and filed subse- nths relieved from Hability; but when the employer fails to comply with the provisions of the compensation act he becomes and is Hable to such injured employe, or his dependents in case cieath ensues, as prescribed tn the act, without regard to any question of fault . 2. Where an employer has failed io comply with the workmen's com- pensation act an employe who sus- | tains injuries compensable under the act cor his dependent in case death | ensued) is afforded one of two rem- provisions of section 2193 of the Code | edies: (1) He may maintain a civil action against the employer for the damages sustained; or (2) he may, in leu of such action, apply to the work- men’s compensation bureau for an award against the employer in ac- cordance with the terms of the com- pensation act, In case the latter rem- edy is pursued the workmen's com- pensation bureau is required to hear the claim and determine the question of lability in the same manner as though the employer had complied with the act, and to make an award accordingly. Such award becomes a liquidated claim against the employer and is enforcable by means of a civil action in the name of the state for the benefit of the person or persons entitled to the same. 3. The two remedies so granted by the compensation act are co-existent and continue for the same length of time; they both continue until the right of the action at law is banned H by the statute of limitations, and sec- of 1929: Each right of action is predicated upon a different basis, and involves different elements of liability; and in absence of statutory provision to the contrary there is no such relation be- tween the parties or the causes of —~ tion as to entiiie ihe emploser te maintain an action against the tort- feasor either in his own right or as a subrogee of the injured employee (or his dependent); consequently, a com- Promise and release by the employee (or his dependent) of the cause of ac- tion against the tort-feasor does not release the employer from, or bar the main chance of an action against him to enforce, the liability imposed upon him by law for failure to com- ply with the Workmen's Compensa- tion act. From a judgment of the district court of Burleigh county, Jansonius, J., plaintiff appeals. Reversed. Opinion of the court by Christian- son, J. Dullam, Young & Burke, Bismarck, for Appellant. O'Hare, Cox & Cox, Bismarck, for respondent. ? Mashers Liable to | i 90 Days and $100 | poh Orton Aeterna Fargo. N. D.. Aug. 26—Sentences calling for fines up to $100 and 90 days in jail can be imposed upon 3. Under the provisions of Section C. H. Starke, of Dickinson, N. Dak., | jexist they have a strong tendency to built for tourist use, was completed making a total of five now availabl: for rental by camp patrons. A nom: 1920, for a period of five years,” was ‘ot prejudicial as the claims of the parties clearly appear in the testi- ‘mony of the plaintiff and defendant, | ficer of a savings bank with embez-|quent to June 10th, and that certain zlement is sufficient where the prop-|other crop-listing affidavits which erty claimed to have been embez-|failed to show that any land was zeled is described as “consisting of cropped, did not constitute any basis money, bank notes and other funds” for hail insurance under the state “mashers,” F. A. Leonard, police magistrate, said Saturday, the city ordinance making it optional with the court to decide upon the severity of the punishment. Fines of any amount up to $100 may be imposed for the crime, the judge said, and prison sentences are given at the court's discretion, either with a fine or without. A number of complaints from girls that they are unable to walk down town and back home without being accosted by would-be Lotharios have come to police headquarters, the judge said, and his action of giving one man a fine of $25 this week was intended to be a lesson to all who may have inclination to follow the practice. “And another thing,” the judge said, “if any man feels that he should blacken the eye of a ‘masher’ who has accosted his daughter, I don't know but that I should be very, very lenient | with the fistic minded gentleman.” Good Milling Quality Wheat Found in Tests St. Paul, Aug. 26—(P)—Results of large scale milling tests of the first car of new spring wheat received at the state testing mill show good mill- ing quality, and sound, dry kernels, capable of producing @ good yield of flour. N. J. Holmberg, state dairy and food commissioner, announced the re- cults of the test today. “The wheat, shipped from Buffalo Lake, Minne- sota, was graded No. 1 northern, 3 per cent dockage, 59.3 pounds per bushel, 12.60 per cent protein, and 12.8 per cent moisture. REED FINDS CONTENTMENT Kansas City, Aug. 26.—(AP)— The quiet of private life, after 35 years of political turmoil, has brought a new happiness and con- tentment to James A. Reed. The former Missouri senator say: he has retired, but they call him Kansas City’s hardest working law- yer. He goes to work ahead of his staff, slips out to a drug store count- er for lunch, and frequently works late into the night preparing legal briefs. ' jtion 15 of the workmen's compensa- |tion act, which limits the time for | presentation of claims, is applicable only to claims for compensation out | of the workmen's compensation fund ‘and has no application to claims pre- | sented under Section 11 of the act for ; an award against an employer who {nas failed to comply with the act. | 4. In the instant case an employee of the defendant company was killed by a railway train while he was en- gaged in the regular performance of the duties of his employment. The defendant company had failed to comply with the Workmen's Compen- sation act and the widow of the de- ceased workman applied to the Work- men’s Compensation Bureau for an award against the employer under section 11 of the compensation act. It | is held that the cause of action against the defendant is one upon an obligation or liability created by a statute (Laws 1919. Ch. 162), and not one for injuries done to the person of another from which death resulted (Secs, 8321, 8322 C. L. 1913), and that consequently, the limitations of time for the commencement of suit is con- trolled by section 7375 C. L. 1913 (which fixes a six year period of limi- tations), and not by section 7377 C. L. (which prescribed a two year period of limitations). 5. Whether the person for whom the work is performed has the right to exercise control over the perform- ance thereof and has the right to dis- { charge the workman without liability are important, and generally controll- ing factors in determining whether the workman is an independent con- tractor or a servant. If such rights show that the relation is one of mas- ter and servant. 6. In the instant case the evidence is examined and it ia held that the relator's husband at she time of his death was an employet of the defend- nt company and that he sustained the injuries resulting in death in the course of the employment. 7, When an employer has failed to comply with the North Dakota Work~ men’s Compensation act and an in- jury or death is sustained by an.em- ployee through the negligence of one other than the employer or a fellow servant, and in circumstances ren- dering the employer liable under the Workmen's Compensation act and also such as to create in the person whose negligence caused the injury or death a legal liability to pay dam- ages therefor, the injured employee, (or his dependent in case death en- sues),/has a right of action against both the tort-feasor and against the employer who failed to comply with the Workmen's Compensation act. The food of oysters consists chiefly of microscopic plants which are car- ried to them by the currents of wa- ter. —_—_————— Capital Funeral Parlors 208 Main Avenue f Jos. W. Tschumperlin Prop. One of the complaints claims that | field, Carringion, Casselton, Carson, | Ellendale, !den, Grand Forks, Glen Ullin, Gwin- | Jamestown, La Moure, Larimore, Lis- made | Rugby, Sykeston, Steele, Valley City, appellant. nti- | Wahpeton. perishable freight | from points in Minnesota, North and | South Dakota, and Iowa to points in | K; {Iowa, Illinois, Wisconsin and other Yr | interstate destinations. Several mem- | [bers of , the Greater Grand Forks inal registration fee is charged. ; i Other cities of North Dakota which tpee also in other parts of the instruc- | | tions. ‘¢ approved camping facilities | (Syllabus by the court.) accommodation of their tour- | Alexander, Bismarck, Bel- | Appeal from the District Court of McLean county, N. D., Hon. Fred | Jansonius, J. Opinion of the court | | by Burke, Ch. J. Affirmed. Sinkler & Brekke, Minot, North Dakota, at- ‘ torneys for plaintiffs and respondents. R. L. Fraser, Washburn, North Da- kota, and Hyland & Foster, Bismarck, N. Dak., attorneys for intervenor and | Cooperstown, Devils Lake, Dickinson, Enderlin, Fargo, Fessen- ner, Hazen, Harvey, Hurdsfield, bon. Mandan, Marmarth, Mott, New Rockford, Oakes, Pembina, Recder, Anton Yesel, by his guardian ‘ad R litem, S. E, Klein, Plaintiff and} Dundee, Minn., Aug. 26.—(AP)— Respondent, vs. George Watson, et fugene Appel, 23, died from burns al, Defendants, George Watson, De- eceived during a fire here Friday,'fendant and Appellant. when four other men, including his! 1. One who is liable for the act brother, suffered. fatal burns, jof another by reason of being a | BURNS FATAL TO YOUTH ; Bismarck, N. Dak. of the bank. 2. The erroneous allowance of a challenge for cause to a juror on the part of the prosecution is harmless here the record affirmatively dis- loses that the trial jury was com- pleted without the defendant having exhausted all of his peremptory challenges, 3. Under the laws of North Dako- ta (sec. 9931, C. L, 1918) an officer of a banking corporation who “fraud- ulently appropriates to any use or Purpose not in the due and lawful execution of its trust, any property which he has in his possession or under its control in virtue of his trust, or who secretes it with fraud- ulent intent to appropriate it to such use or purpose is guilty of embez- zlement. 4. Where an indictment for embez-| zlement charges a treasurer of a propriating “money, bank notes and other funds, belonging to the bank, and in the possession and under the control of PrOperhy is an essential element of the crime of embezzle- ;ment so charged, and if there is no ‘appropriation of property belonging to the bank there ihe no embezzle- ment as charged in the indictment. in effect that they may find the de- fendant guilty of embezzlement even though he did not appropriate any property of the bank; and such in- (Syllabus by the court) Appeal from the district court of Grand Forks County, Englert, J. Defendant was convicted of the crime of embezzlement and appeals from the conviction, Reversed, ; Opinion of the court.by Christian- son, J, Divet, Shure, Murphy & eens Fargo, N. D., jitormers for Defend- ant and Appellan’ James Morris, Special Asst., St. J. B. Wineman, State's Attorney, Attorneys -Forks, N. savings bank with fraudulently ap- t 5. Under such indictment it is er-| ; |ror for the court to instruct the jury hail insurance act. Appeal from the district court of Burleigh county, Jansonius, J. Affirmed reversed in part. opinion of the court by Christian- son, J. Jacobson & Murray, Mott. N. Dak. for Plaintiff, ney General, a Defendants, Respondent a Sorperst Defendant Re- ‘spondent. Syllabus: In an action to cancel he held that the findings court in favor of the defendant are not contrary to but in accord with the weight of the evidence. From a judgment of the district court of Wells county, Coffey, J., Plaintiff appeals. of the Court by Christian- A. ©: Ree Fessenden, for Re- struction tends to the prejudice of orth Dakota, Sarsh the defendant in respect to a sub- mate ot et Plaintife i eet stantial 2 ; vs. Hughes , & COrpora- . 6. Certain other instructions are| . tion, Defendant considered and held to be erroneous. ubus: 1. 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