The Bismarck Tribune Newspaper, November 5, 1929, Page 6

ete 2 35 8B BYU BVO beet BES SEER S4PRORTT KRM AMenr re ae ae: we: & DOADSS<EBR Td SSeRr aoe... ; PeognerRCas wm rs THE BISMARCK _TRIBU NE,_ TUESDAY. NOVEM 5 5 sence = ROSE CROIX DEGREE WORK UNDER WAY | , , _INSCOTTISH RITE Branches to Change Names to Bismarck-Mandan The Scotti took up Rose ¢ nie reur * this after The first day through the Roy reunion procee 1 as m: dezree already took at the spri George F. Du monies today i sted by Georg stans as senior w Belk as junior Boise a almone: tary, Frank John A. G monies, James Burns Bailey a vid D. McKee enzo H. wrles G. master of cere- id expert, council, mister and W. of the coi will be co George F Manda program named Gre sh, but th ame ch: 1 le of Lewis and Clar Scottish Rite and Mandan. BISMARCK MEN MAY PACE ARSON CHARGE Roy Kositzky, David McDonald and Bruce Belk Accused by State Fire Marshal s been asked charge of arson st David McDonald a all of Bismarck, was made by H. * Job . assistant State's atto: y of Ward county, he said today. ac: More than a month aco mobile owned the trio + at Max by State Fire Marshal Henry Reade, the icn testified that the ma- | chine caught fire soon after it went Ss said ne soon after and that the machine was not burning then. The denied these witnesses me of the accident. ‘The company carrying insurance on | the machine has refused to pay the | id Joss claim, Johnson said. He tostimony offered at the hearing ind: cated that no collision or accident in- | surance was carried on the car. until he has read a transcript of the testimony taken by the fire marshal. Paris Pact of Peace Reality Says Ramsay | London, Nov his American mission to discuss naval limitation. Prime Minister Ramsay MacDonald today told the House of Commons the success of the London five-power conference in January was the next objective of England and America. He declared that “the desire to make it clear to everyone that in our mutual relations the Paris pact of peace is a reality” was the supreme fact in the Anglo-American naval negotiations. 4 Og preparation for the conference ie had studied with President Hoo- ver ways for filling in “the narrow gaps still remaining in a program of building which would at the same time recognize both parity in strength and variety in the use of tonnage. Dickinson Has Meeting Of York Rite Masons Dickinson, N. D., Nov. 5.—The Yor! Rite festival held by the Masonic, y; bodies of Dickinson for the Slope roenta"™ from th rea the last of the week was @! As viewed in official circles the uliimate result of the recent phe- | success than last year’s event in matter of attendance and cere- Four candidates took the chapter work Thursday, 11 took the council ‘work Friday and four took the Com- ‘mandery Saturday. were W. L. Stockwell, Far- Bismarck; and 'Citizens Asked to | Register for Annual Armistice Banquet nbers of the American Legion hers, War Mothers. members planning to attend the ai jhual Armistice Day banquet Mon Fevening at the Patterson hotel, BACKERS REVEALED Witness Before Lobby Probe Names Con- tributors to Fund ad into the reco! league and also 1 Playing Card con hould contribu ; TARIFF 1S FAILURE ‘--A Repub- mpt to speed up the tariff ading conside ters from 10:39 ng tomorrow, failed when Senator ocrai, Washington, objected. 2 vote of 44 to 27 th n of all p.m. daily. be te re | nend- | of | th the present du urned down an amendment } id, concland| cause the evidence produced by the of Massachusetts, and Walsh of Mon- | <efendant, if believed. is such as Jax; Would show the defendant to be not the committee cut. while 15 Republi- ullty. where the trial court refuses ‘cans joined 25 Democrats for the cx- {to stant a new trial under such cir- | tana—voted with 29 Ri Those aligned with it were Se: e, Cutting, Frazier, La Follette,| Affirmed. : adependents oppos- | OPinion of the court by Burr, J. he committee rate were Borah,’ |, 98S. Morris, attorney general. and | | Johnson said he will defer action Brookhart, Howell, Norbeck, Pine, and | Harold Shaft. assistant, Bismarck, N. —(P)—Reporting on | POWER COMPANIES PROTEST PROPOSAL Rental of Power Site to Ob- ae tain Revenue for Indians +: 5 Woodmansce's before Saturday eve- 'Bupreme Council! Orders All’ning, according to the War Mothers dq members of the Auxiliary who’ washington, D. ©, Nov. 5.—(i— are in charge of the affair Governor George F. Shafer will ve, power commission and the interior the principal speaker of the evenin; and several special musical numbe and other entertainment Brings Differences Efforts of officials of the federal department to ascertain whether ad- tional revenue for the Flathead In- dians could be obtained from the; i al ef the Flathead, Mont., pow- ler site on account of benefits accru- 9 the Thompson Falls plant be- Mor “It is not the function of this com- | mission to see how much money it can get for the Indians, but merely to establish what is fair.” D. M. Kel- counsel for the companies, said. | The more this commission exacts trom the power companies,” he ad ed. “the more the people of Montant | will have to pay ny is permitted by the state only upon its plant investments. not upon the water which it uses, which the property of the people. At the hearing held on applications he Rocky Mountain company and | H. Wheeler of Minneapolis, ; | for the project, assistant commission: | tergood of Indian affairs had i | George H. Hohaus, plaintiff inal contract required the perform- ance of such work. (4) Where in charging the jury the trial court submits a statement of the claims of the plaintiff bag: | upon the evidence and allows the Jury to take such statement to the ‘jury room, the statement will be con- sidered as a part of the instructions | of the court andenot a paper relating ito the evidence such as is to be ex- cluded from the jury room under ' Section 7624 of the Compiled laws of q (Syllabus by the court.) | Appeal from the district court of Kenna, Judge. AFFIRMED. ney for appellant. Dora A. Argersinger and Frank Arger- singer, respondents, and L. R. Baird, as receiver of Farmers State bank of Forman, North Dakota, a cor- poration, defendant and appellant rule laid down in the case of Finch Van Slyck and McConville § Styer, 51 N. D. 148; Tomlinson vs. Tomlinson, 225 N. W. 315; First Na- | tional bani vs. Mensing, 46 N. D. 184. relating to conveyances between rel: tives, and for reasons stated in the opinion it is held, that findings of trial judge arc sustained by the evi- dence. (Syllabus by the court.) | developed irom F. M. Kerr, vice pres- | of both the Rocky Mountain Montana compan Thompson Falls site reased by the storage of ; ead, j the com- the In- to protest, sa! Decisions of | se reno f i | ( tate’s attorney in the trial of a crim- nal action, when such participation is with the acquiescence of the de-/ fendant and no objection is raised | /Senator Dill, Democrat, Wash- “0! after the trial ington, Objects to Special Period Consideration Where the defendant is being rosecuted for the reckless driving of n automobile on the highways of this | state it is not error for the trial court to inform the jury as to the laws of the road. such as rate of speed per- of driving. “m. to 5:30 3: Where two cars collide upon the it public highway the driver of one car may be guilty of reckless driving even though the driver of the other car is | also guilty of reckless driving. 4. Where one drives a vehicle upon less and heedless manner, without due caution and in a manner so as likely ‘of another he is guilty of reckless state. se the evidence is conflicting but ‘0. The first | the evidence adduced by the state, if nendment was sponsored by Demo- | believed by the jury, ts such as is suf- ficient to sustain the verdict of guilty, Both party and factional lines split |@" order denying a new trial will not on the vote. Six Democra be set aside by this court simply be- cumstances. so found Republican in-| (Syllabus by the court.) dependents voting for and against the | Appeal from the county court of Ward county with increased jurisdic- nators | tion, Hon. Wm. Murray, Judge. D., for respondent. E. R. Sinkler and China clay is used principally as a|G- 0. Brekke of Minot, N. D., attor- filler and coating in the manufacture | "CYS for appellant. of paper and pottery. SYSTEM CONFINED John B. Hocking, plaintiff and re- spondent, vs. E. W. Chaffee, de- fendant and appellant. In an action by an assignee of any is examined and it 1s held, for rea- ns stated in the opinion, that there ed: We doubt | site is owned | © and is not held under , such as governs the] Supreme Court | The State of North Dakota, plaintiff! ff and respondent, vs. Martin Sullivan, | defendant and appellant. i 1. It is not error for the trial court | to permit a duly qualified and practic- | ing lawyer of this state to assist the | i mitted, side to be used, and manner | y, he highway of this state in a reck- |‘ to endanger the person or property |” driving under the statutes of our|* | Reserve Banking Plan Prevent- ed Price Drops From Being General again is given in official Washington have analyzed the situation as the isolation of the recent financial crisis to the stock market itself. The present situation 1s likened in these quarters to that of 1907-08 with | the difference ‘hat then the crisis ex- {tended to the business and financial | fabric of the country because there | Was no Federal Reserve system to in {tervene to keep down interest rate: en large quantities of capital were nomenon of the stock market will be ‘the release of capital in lerge quan- | tities for the bond and mortgage ; Market and the creation of a con- iderable reserve for general busi- ness. It was explained that many st@cs | and municipalities have been holding ‘Wilson, New) up their bonds because of an inability to obtain what were regarded as fair prices and that with the general wave ef speculation diminished more ad- vantageous markets for these secur- is no substantial evidence tending to how that there was any balance whatsoever due from the debtor to the assignor and that, the assignee is not entitled to recover |¢xaminer, and there is’ no implied from the alleged debtor. «Syllabus by the court.) Appeal from the district court of Cass county, Cole, J. The defendant appeals from the|t° judgment and from an order an alternative motion for j notwithstanding the verdict or for a Washington, Nov. 5.—(.P)—Credit | to the Federal Reserve banking system | for what is regarded by those who | rsed. Opinion of the court by Christian- Shure & Murphy, Fargo, N. D.. at- torneys for defendant and appellant. Gordon W. LaBree, and Lawrence, Murphy Milles, Fargo, N. D., attorneys for plaintiff and respondent. Casselton, N. D., and le speculative ccn- | Ley, Plaintiff and Respondent. vB. Jacob Gulke, Dete Appeal from the district court of Sargent County, N. D., Hon. Geo. M. McKenna, Judge. Affirmed. Opinion of the court by! Burke, Ch. J. Lauder, Heder & Lauder, Wahpe- | ton, D.. attorney for respondents, Argersinger. Chas. 8. Ego, Lisbon. N. D., attorney for defendant, L. R. Baird, receiver. ne Hughes, dent n dismissed ins pending ax no stand- ceedings to 1 pleading or ing. ne yp as to others f ict court of n Hon, Thomas H. Pugh. J. K general, orth Dakot {Bismarck ro re spondents | mond A. Hughes and in a settled state: ay be reviewed upon the judgment. who h fo vacate such service doex not waive the objection to the isdiction 0 labus by the court.) fi et court of y, dansomius, J, Defendant is from an order denying a mo- tion to vacate the service of the sum- mons. Dismissed, = xz Manly, New Rockford, , Mosnes & Green of w i plaintiff and responde: ¥. Burchard, doing business und: the style and firm name of F. Burchard & Company, Plaintiff ai a, Bonding. spondent. 1, A public officer has by imp Feation such powers as ure necessary for the due and efficient exercise of those expressly granted. But no power will be implied other than those which are necessary for the ef- fe balance that may be due to the as-| pi CRISIS 10 MARKET signor as a result of certain business | transactions had between the assignor jand the alleged debtor. the evidence A public officer has no power to contract with and employ another to perform the duties which have by law been placed upon public officers, in the absence of expressed legis: lative authorit, 3. Sections 200b8, 200b11_— and 20ub18 directly and specifically pr Vide for the examination and auditi of the accou of any public e¢ ployes by the commissioner of the nding department or by the public authority’ to contract with a private 4 public employe, (syllabus by the court.) Appeal from the district. court, of Dickey county, Hon. George M. Mc- | ' Mellon visited relatives H. P. Remington, of Lisbon, attor- | | ney for respondent. |returned Wednesday fact and conclusions of law of the! made | # timely and proper objes to the | committee to cut the china! 5. Where in the trial of a criminal | service of the summons by a motion ring and trying the case on tie | Deinion of the court by Christian | 01 person tor auditing the accounts of strict M. 1. Berry, jude | thei dianer gu «elt WY “Soa their stead: Palda Jr. WP: plaintif(s a ms of Bottineau, dant and respond Leith By MRS. J. H. EMCH Mr. and Mrs. Julius 2 been visiting relatives in tt ern part of the state. Mrs. Ruth Fahnestock | been visiting with her er Mrs, Fred Sept in Brisbi Opinion of the court by Birdzcll, J.!io Leith ‘Thursday. F. J. Graham, of Ellendale, attor- | Mrs, E. L. Mell the first of the wees. Mellon remained fo ‘h her brother ide there. This case comes squarely within the | s umbal, s, I Mike Wessel purch section on W he resid E. Beebe of Ipswich, S. D. A farewell party was held for Mrs. John Will Friday afternoon at Mrs. | R. W. Sethers. the Leith Civic ciub, present members and o3% members, beinz hostesses. Mrs. Will and children leaves for Bismarck Monday to join Mr. Will who has been employed in Bismarck for some time. The Presbyterian Ladies Aid held their annual bazaar and supper at the church basement Saturday eve- ning. noon with Mrs. F. C. Lorenzen as in- school house at 2 o'clock Mr. and Mrs. Lanoth Woodbury moved to Carson Mcuday. Mr. Wood- bury has been employed in the Hol- lesvik garage for some time but has been unable to get a place to live. Miss Izetta Will visited with Miss Marcella Emch Friday night and Sat- uraday. The Wheeler consolidated school held a masquerade carnival Friday night with a small crowd in attend- ance owing to bad roads. Those from Leith in attendance were E. J. Law- jfer, Lowell Wucke. Loren Hauge and Vaughn Omdahl. The Leith Civic club gave a Hal- loween party Wednesday evening at | the home of Mrs. Keith Emch. The house was decorated with Halloween were in evidence. Luncheon followed out the Halloween motif. Mr. and Mrs. Peterson of Scranton, N. D., arrived Saturday for a few ‘days visit with their daughter, Mrs. E. L. Mellon. Brinkman and fam! Carson visitors Saturday. Nov. 9th, Leith Monday. home. the Hauge home event. and Mrs. John Srohmaier. t jurieig! unty, Dakota, Hon. red Jansonius, judge. he "Affirmed. attorney for plaintiff and. appe Hon, dames Mo dc tor defendant and respondent. The Grand Lodge of the Ancient Or. *pondent. public improve! under Section 'y assessed id prope for a quent special mi “ negligence. Where a municipality i warrants in payment of a publi ement payabl 3 special to be crei jm uncol for the amount v regardiess of the value of th erty assessed, though ti of the|are drawn upon it epect fund to created by the collection of such spe- vide against cial Assesment and pro be lability of the city, (ByMabus by th al from. t Opinion of the court by Burke, F. OU, Hellstrom, Bismarck, N. D., ni rris, attorney general, and Charles Simon, assistant attorney general, Bismarck, N. D., attorneys 4 der of Cnited Workmen of North Dakota, Plaintif€ und Appellant, vs, the City of Bottineau, a municipal corporation, Wefendant and Ke- 1, A municipality, issuing special assessment warranis in payfent of 8 made, is required c. L,'1918, when sold tal ment, in the absence of other bidders, to the property struck off to the id a negiect or failure to do court. district court of Hon, G. Grimson, to recover for nts. From judg- it, plusneatt and judgment ordered for of the court by Englert, BER 5, 1925 | Charivari on Mr. and | Lang at their home Su The P. T. A. school of instruction | will be held at Leith Saturday after- | @ structor. The meeting will be at the | @. colors of orange and black. Ghosts John Brinkman of Canistota, 8. D., is visiting with his brother Amcal R. W. Wrucke and J. H. Emch were An old time dance will be held in Leith at the K. of P. hall Saturday, Mr. and Mrs. Vere Davison of Heil spent Sunday at the Chas. Davison Saturday being the occasion of Loren Hauge’s birthday anniversary a number of young folks gathered at | to celebrate the Mr. and Mrs. John Nixon of west of Leith entertained at dinner Sun- | day Mr. and Mrs. Alfred Johnson, Mr. and Mrs. E. J. Lawfer and Mr. Mr. and Mrs. Alfred Westrum and daughter Ardys Ann of Glendive, arrived Monday evening and ts Mr and Mrs. C. Minneapolis and Mr, and Mrs. Cob. Rietusehintat and chil: | {Nba © We: Solur: of Mine SMe aa Mia © b. Rieti $e conenmencmen@ | Atter 1 ’ | att \ . ° Rr PRARENOE GOSNEY mind fanaiiy ayiy valted 101 eo week end at 2» Mori Trurs- guest at the George Lew) ne Monday. Anton Oberg was a town caller Monday. ; terling callers Monday. Mr. and Mrs. Presley osney and | daughters Florence and Edna re- turned home Sunday night from a six weeks trip. They visited rela- tives and friends in ten es. A number from here atic rded the Max y after= noon, A lunch was served also. | Frances j By MILDRED DIETZMAN Miss Johnson, teacher of the West Sibley school, started boarding with Mr. and Mrs. Cedric Craig Monday. Gilbert Cederstrom transacted busi- ness in Bismarck Monday. noken Monday afternoon. Mrs. Lawrence Madland assisted Mrs. Bill Madland with her work Monday. Robert Norton. state veterinarian of Fargo. spent Monday night and Tues- day visiting at the W. A. Dietzman home. Joe Fischer had the misfortune of j breaking down with his truck Mon-; {day night on his return home from Bismarck. John Olson and son Edwin of near Regan called at the home of Mr. and Mrs. Gibert Cederstrom Tuesday. The auction sale held on the Bill | Madland farm Tuesday was very well attended. 5 Paul Carlson of Naughton town- ship visited at the home of his sister. Mr. and Mrs. Joe Fischer, Tuesday. Cedric Craig was a business caller at the Walter Dictzman farm Tues- day. Mr. and Mrs. Elmer Lundquist jealled at the home of Mr. and Mrs. |” Misses Freda and Magdaline Zacher | Henry Miller Tuesday. visited with their sister Bertha in Mr. and Mrs, Carey Johnson visited at the home of Mr and Mrs. William | Kershaw Wednesday. Lawrence Madland moved his stock to the Bill Madland farm Wednesday. Mr. and Mrs. Lawrence Madland are taking over the farm where Bill Mad- land lived as Mr. and Mrs. Bill Mad- ind are going to move up to the Canadian border where Mr. Madland has a position. Pete Lundquist is staying at the |home of his brother and sister-in-law. jMr. and Mrs. Elmer Lundquist. Mr. and Mrs. Elmer Bloomquist and son Wayne visited at the home of Mrs, Bloomquist’s sister, Mr. and Mrs. Elmer Lundquist, Wedncday. Paul Carlson visited at the home of his sister and brother-in-law, Mr. and Mrs: Joc Fischer, the latter part of the week. Mr. and Mrs. Elmer Lundquist visited at the Tebbo Harms home ‘Tuesday. Carey Johnson, Jr., of Sterling is staying at the home of his aunt cnd uncle, Mr. and Mrs. William Kershaw. He-will stay with them the remainder of the school term and go to school. Mrs. Tebbo Harms and daughter Tena are back out on the farm home again. After having visited in Bis- marck with Dena and Vina Harms for a time. 2 Mildred Dietzman has been on the sick list with influenza the past week. OFFICE SPECIALTIES CO. New Royal bf haley apd rebuilt jictaphoner, iy jeostyle dupli- ding machines, Remington ih registers. Biamat N 200 Mele Aver” ‘Phone 323 Mr. and Mrs. Thomas Moffit and dcughter Inez called on their mother, Walter Dietzman called on John SINKING PROBE RESUMED Chicago, Nov, 6&.—(#)—Inquiry into the sinking of the 8. 8. Wisconsin off Kenosha last week with the loss of 16 lives was resumed today with Captain Henry J. Delatre, skipper of the 8, 8. Miinots, the principal witness exam- ined by Frederick J. Meno, district federal steamboat inspector. Olson Friday, held at the east 1 Friday night was nded. A program te hinch was sold money for school purposes, mainder of the eventing was spent in dancing. Vhone who transacted: business tn from this vielnity are as follows aN Asian atternaan as! Frances school No, not very well wan given and a 7 GES SETTLEMENT Chicago, Nov. 6—(P)—Attorneys for Ann Livingston, Tulsa, Okli cee, announced today that P. Harding made “a substantial set- tlement” rather than await the actior. of courts on his appeal from a $25,000 Judgment against him in Miss Liv- ingston’s $250,000 breach of promise Carey Johnson, Jr, Walter Dietzman, George Whitted, Stophen and daughter Flor eallers at the home of M Martin ‘Tooker Saturday D haw spent Sunt parents, Mr. and Sat the home of he Mys, Willan Kershaw: AAKER RITES HELD N. D., Nov. 5.—()— Funeral services were held here today for H. H. Aaker, who died here Satur- day, The body will be taken to Fargo eth te where burial services will be Grand Forks, {amily visited at the home of Mrs. Miller's: sister, Mr. ughes at north of McKenzie, Sun- und Mrs, George tr and Mrs. Elmer Lundquist visit- ed at the home of Mrs. BEACH GIRL IMPROVES Elmer Bloom- Beach, N. D., Nov. 5.—(?)—Eunice Frauftzig, 19, who attempted suicide in a local hotel here Friday, was re- ported greatly improved in condition today. The bullet has not yet been re- moved from her left lung. CO-OPS HELP COTTON About eight per cent of the 1928 cotton crop was marketed through 16 co-operative associations, according to | the U. 8. Department of Agriculture. OTHER “SWIFT” PROMOTION L. O. Korsgaard, recently em- ployed by Swift & Co. at Grand Forks, has already been promcted to the Duluth branch. His successor Grand Forks is M. P. Jacobson. marek visited with Mildred Dietzman urday night and Sunday. Wild Rose By MRs. W. H. BROWNAWELL The township board held its regular | ponies mecting at the clerk's office | ~~ M id Mrs. George Lewis were | Thursday. Tikcenliee : A number of the young folks at- | tended the dance at Moffit Saturday | Miss Jennie Waiste, school No. 1, spent the week-end with friends near Moffit. Mr. and Mrs. W. and Harry Koenig were dinner guests | at the H. A. Carlisle home Sunday. Mr. and Mrs. J. J. Staff and George, | Staff, who visited relatives and friends | at here and in Motfit afew days. lett for | Both are graduates of Dakota Bus- heir home at er, Mont., Tuesday. | ji b Mr. and Mrs. Obert Selhus, former lected Bind tad residents of Wild Rose but now living m Canada, visited relatives here over | 50M» the week-end. Mrs. W. H. Brownawell and guest, ' Mrs, J. J. Staff of Baker, Mont., ac- companied H. H. Brownawell of Mof- | fit, to Bismarck Monday, returning | the same day. ii Frank and a Saville plan on leaving next week for an extended | le tvip through Chicago and on to Flor- gic ida to visit relatives and friends. H. Brownawell as advanced Art. Magmus- another D.B.C, man, to ‘a ition at Dennison, Iowa. Nearly 700 banks, 90% of Fargo firms, regularly employ D. B. C. help. “Follow the SucceS$ful. Take ACTUAL BUSINESS train- = unobtainable rite F. L. Watkins, Pres., 806 Front St., Fargo. ing (copyri His good taste in dress would stand out anywhere - Fifty dollars ought to buy you a good that will give you a lot of pleasure, —Chesterfields, town coats, motor - coats, raglans, ulsters, Choice of the new —Corona browns, Grenadier blues, Bacchus shades, Pyramid greys. A guarantee of satisfac- tion with each one. Wonderful assortment to ECONOMY OVERCOATS IN DURABLE FABRICS Tuxedos : Suits $350$40 $45» $50 Young Men's