The Bismarck Tribune Newspaper, October 14, 1930, Page 6

Eta § re - STREET GAR SUIT BING ARGUEDIN DISTRICT COURT i i ‘| State Contends Private Individ- uals Have No Right to Sue Sovereign Authority Arguments were being heard in dis- trict court today in an action to de- termine the right of the state board of administration to continue the operation and maintenance of Bis- marck’s ctreet car line. Counsel were discussing a demurrer filed by the state to a suit by local taxpayers who seek to force the street car line out of existence. Judge R. G. McFarlard is hearing the case. The taxpayers’ action is based on the expiration of the term of fran- chise granted the state March 4, 1903, | and accepted September 30, 1903, for construction and operation of the line. Renewal of the franchise has never been sought by the state, al- though the city coramission twice passed resolutions calling attention to the necessity of doing so and set time limits for the state to act or remove the road. It also is contended that the railway, by reason of the failure of the state to pave and thereby com- ply with the provisions of the con- tract for keeping in condition the portion of the street between the tracks and a foot and a half outside, has become a nuisance. Power to Bring Action at Issue The state. through Harold Shaft, assistant ttorney general, is making a major objection to the complaint. It holds that the plaintiffs have no authority to bring a suit virtually against the state, not having been granted such authority by the legis- lature, as the constitution requires. The court thereby is without juris- diction, he maintained. THE BISMARCK TRIBUN: Movie Folk Who Swung Fists at a Mary’s Party The state also contends that the plaintiffs are not the proper com- plainant nor the »oard and the city of Bismarck the proper defendants. The state has paramount authority of streets and highways within its borders, Mr. Shaft argued. Permis- sion given cities to regulate the use of their streets does not divert the legislature from its supreme power, he asserted. The state, therefore, is within its rights in occupying the route of the car line within Bismarck, he contended. i Says City Only Can Act | If there were any right for the plaintiffs to bring the action by rea~ son of special injury to themselves, the assistant attorney general urged, there’ was no such special injury shown nor did there appear to be any. The contention of Mr. Shaft implied that the city—which is included among the defendants—would be the proper complainant. If the use of a; * street once is granted, only the party | that granted’ the franchise is the proper one to step in and ask revoca- tion or injunction, he said. The plaintiffs in the case are resi- dents and property owners of Fourth street, Bismarck, including L. A. Tavis, A. M. Brandt, F. G. Grambs, C. S. Fossum, R. G. Goddard, Mrs. Nils H. Lovin, J. H. Peterson, and Esther E. Freeburg. The defendants are the board of administration and ; the city of Bismarck as a munici- pality. is Defendant's Argument J. A. Hyland, who is representing the plaintiffs, advanced the argument. that the board of administration is subject to constitutional action in this case by reason of operating the rail- way illegally. The franchise has ex- pired, hence there is no authority to use the streets, he said. And it has been held that where officials are proceeded against for illegal acts, the suit does not in effect attack the state. He cited a Sargent county case against the Bank of North Da- kota in which the state and the pri- vate business operations of the insti- tution were differentiated. The street railway, he held, was engaging in private business to the extent that private passengers were carried for fares. He also argued against appli- cation of the supreme authority of the state over streets and highways to this case as not what was con- templated by that supreme power. How the Road Originated The complaint sets out that ordi- nance 169, granting the state a 20- year franchise and enacted by the city commission March 4, 1903, was the inception of the railway., The route set out in this ordinance was from Twelfth street west on Main avenue to Fourth street and north on Fourth to Iowa avenue, thence eastward through Capitol park to the capitol. The state accepted the fran- chise September 30, 1903, buf the city had to extend the time for beginning operation from January 1, 1904, to March 1, 1904, by ordinance 171. The franchise expired September 30, 1923,andon February 2,1925, the city by resolution of the commis- sioners notified the board of admin- istration that the time had arrived Not in a long time has Hollywood had as much excitement as these four people gave it the other night when they*staged an impromptu and spirited fist fight on the dance floor of the fashionable Embassy Club during a party given by Mary Pickford and Doug Fairbanks. Ernst Lubitsch, famous director (lower right), socked Hans Kraly, writer (lower left), because he ‘thought Kraly was sneering” at him. Thereupon Lubitsch was socked by his divorced wife (upper right) who was dancing with Kraly. Lubitsch him- self was dancing with Ona Munson, (upper left), actress, when the battle started, and Miss Munson was the only one of the four who neither gave nor received a punch. *.—_-. _______ */ Johnson to Direct Indian Predicts Mild || A Winter, Little Snow ii Music Club Contest SARE BOREAS Toronto, Oct. ? Grand Forks, N. D., Oct. 14.—(P)}— 14. — (®) — Walker | Merrit Johnson was named chairman Deer, Indian hunter, is convinced it will be a mild winter with little snow. \“Little bright eyes build thelr homes close to the ground,” he has written friends from Hudson, Ont. “Bright Eyes” are black squirrels. Their nests are lower than usual, indicating to Walking Deer that drifts will not be so high. Claim Bacteria Are Appendicitis Cause Marburg, Jugoslavia, Oct. 14—()— Dr. W. Pfannenstiel today notified the National Medical association that he had succeeded in isolating and cultivating a specific bacteria re- sponsible for the phenomenon of decomposition of the appendix in appendicitis. ; This culture, upon introduction in- to the intestines of mice, invariably produced death from appendicitis. On the other hand, having produced acute appendicitis Dr. Pfannenstiel was able by use of an anti- toxic serum cultivated from virulent spe- cific bacilli to reduce inflammatio: and the mice recovered. 4 The physician has no doubt that dicitis in humans, and prepare them for a subsequent harmless operation. Southern Operators Need Northern Market Chicago, Oct. 14—(>)—James D. Francis, representing southern pro- ducers of 110,000,000 tons of coal, tes- tified before an interstate commerce commission examiner today that the Great Lakes market is essential to mines of his region while that mar- ket is more of an outlet for surplus to the northern mine field. eral southern coal companies and chairman of the property his serum will modify acute appen- | Mr. Francis is an official of sev-) to direct the biennial contest for young artists and junior musicians at @ meeting of the board of managers of the North Dakota Federation of Music clubs in session here. The date of the contest, which will take place here, has “not been set. Ten members were in attendance. Fanny Amidon of Valley City dis- |eussed “music tlubs in relation to are to be guests of a Thursday mu- sicale club at a dinner tonight. Gas Bus to Link Fargo-Jamestown Fargo, N. D., Oct. 14—(#)—The Northern Pacific railroad announced today that forthcoming train service changes will include operation of a jgasoline bus from Fargo to James- town. It will leave Fargo at 5:05 p. m. and start the return journey at 8:45 p. m. | Public school music.” Board members! MRS.J.C. TMORPSON, | | PIONEER HERE, DIES \Came From Norway 45 Years Ago and Settled in Burleigh; Husband Died in 1929 Mrs. J. C. Thompson, 64, died at 3:30 this morning at her home, 617 ; Tenth street. A stroke, caused by a ,hemorrhage of the brain. caused jdeath. Mrs. Thompson suffered a | stroke September 27 and hadlain un- | conscious since then. Mrs. Thompson was the widow of |” jJames C. Thompson, who died 11 {months ago today. They were mar- tried in 1890. She had lived in Bis- marck 45 years, She was born in Christiania, Norway, May 3, 1866, and came here after emigrating to Amer- ica. * Mrs. Thompson leaves two sons and a daughter, C. L. Thompson and Wal- ter J. Thompson, and Mrs. J. L. Carey, all of Bismarck. She also leaves two sisters, Mrs. Hilga Ran- dom, Sterling, and Mrs. H. W. Tacka- berry, Kirkland, Wash. Puneral services will be held Thurs- day from Perry's funeral home, at 2 o'clock in the afternoon. Interment will be at Sterling. f New Books at | Public Library ? Following are brief reviews of new books received at the Bismarck pub- lic brary and now available. there. |The reviews are prepared for The Tribune by Miss Harriet Rust, assist- jant librarian. PETTICOAT COURT By Maud Hart Lovelace. The court of the second Napoleon |in the heyday of its luxury, frivolity and power is the glamorous scene ‘of Maud Hart Lovelace’s light and very | pleasant little romance, “Petticoat | Court.” Her heroine, Cloe Peyroux, {is a veritable daughter of the Con- | federacy, a lovely, glowing young crea- ture of 17, with silky black curls and charming personality. A graceful little romance, with a lifelike, engaging picture of court life in the extravagant, crinolined days of the second empire, an alluring hero- ine, and a delightful old aristocrgt in the person of Madame de Chaligny, make “Petticoat Court” unusually Pleasant reading. THE ADAMS FAMILY By James Truslow Adams. ‘The story of four generations of the “most dist! family in the United States” and of the events which they shared and frequently shaped is here told by a historian of the same name though not the same blood. It is a unique and inspiring tale of an aristocracy of ability. The historian’s disposition toward the family is somewhat sympathetic, but he hides nothing, he evades no question, and he gives no evidence of seeking to glorify any cause. He has supplied an intelligent, readable and historically workmanlike running pic- ture of our nation’s development and of one highly important and always {individual family which figured in that development for four generations. Few books of the day are more pro- fecepte more fair, or more enliven- ing. HUMANITY UPROOTED By Maurice Gerschon Hindus. This is a commentary on the pres- ent situation—social rather than po- litical—in soviet Russia by a Russian who has revisited Russia several times during the last few years. Mr. Hindus has writted a rapidly moving and stimulating book in whic’ he is con- cerned not with particulars but with generalities regarding present con- ditions in Russia. His material is rich Dr. C, E. Stackhouse, City Health Officer, Bismarck, N. Dak. | Dear Dr. Stackhouse: | Bnelosed find repor: | defect_was immediately remedie will be noticed that not one single mi On the whole we can be well pleased a dairy in Adams county which has sulted in ten c: milk control is certain y a wise iny: Rose Campbell Hans Baet! Edwin Popelh | H.R, Wright ' J. Pitzer. | | Licenses may therefore be issued to ete, who sell will be remembered that in July about 70: cauged by the consumption of milk from this infected dairy. dairles have been investigated and three samples of miik collected and examined bacteriologically and chemically: milk, cards upon which ig printed the kind of milk, Bismarck, N. Dak., Oct. 3, 1930. ‘tof the milk and water examinations performed by my- ‘self for the city during the month of September, 1930. The milk situation in general ix excellent, ‘probably better than it has j been for the last seven years according to my records. It will be noticed [that during the month only one count was secured in the millions, this | being the milk of the dairy who just started to bring milk to the olty. This and the last two counts from this dairy | Were 5,500 bacteria per c.c. and 3,000 bacteria per c.c., respectively. It also ic sample was dirty or very airty. % of the milk was below standard. with the milk situation at present. In no bacteriological supervision of the milk supply, the milk became infected with typhold organiems, which ro- en of typhoid fever with two deaths. 7 je. money spent for consider the suffering ‘he following estment if we Mre, Paul Grier Mr, A. C, Graner Mr. H. A. Green H. Ode’ Dairy : ¥F, J, Frederick Mr. M. Lang these dairies as a source of a raw milk fUpDIy., All, like coming’ into Bismarck at this time will now come from : 8 the mille of whic q i ‘ on three different occasions. We have aiso placed, in ail stores, restaurants, laced in all stores, restaurants, , whether complextion was bad and my bowels day after day; I have a good color; Associated Press Photo Twelve-year-old Minnie Saronett!, who didn’t know what it was all about when a bank robber waved a gun in her face, frustrated an attempt to hold up the Brooklyn, N. Y., branch of the National City Bank. She ran from the bank and notified firemen nearby. The robbers escaped without any loot. ‘and varied and his book has an un- OUTLINE G. O. P. PROGRAM shakable foundation of information.| Syracuse, N. Y., Oct. 14—(P)—A This is not in the least a partisan| campaign program calling for the de- book, unless it is a partisanship to/feat of Governor Franklin D. Roose- help the reader to understand. From|velt in order to eliminate him as a its glowing pages the Russian people| presidential possibility in 1932 has again emerge, uprooted perhaps, but| been agreed upon by state and county human. leaders of the Republican party. f Would Pay $100,000 | [As Two Months Rent | New York ,Oct. 14—(#)—Wanted: Long Island home for two months; willing to pay $100,000. Such an ad might be run in behalf of King Praja Dhipok and Queen-Randaj Brani of Siam, if Alexander Woolcott, writer and “Town Crier” over the radio, has it, straight. The king plans to visit incognito to receive eye treatment. As described by Woolcott a house with 12 master’s bedrooms and room for 24 servants is required. ‘Never Shall Forget What Konjola Did’ Just Another Proof of the Powers of This New and Dif- ferent Medicine Siam is an independent kingdom. Prada Dhipok is king. —_—_—_—_—_—_——————— CULL, BAKKEN, BRADY and JANZ Certified Public Accountants INCOME TAX SPECIALISTS Dah! Bldg. Bismarck Phone 359 MR. JACK BARRY “I shall never forget what Konjola did for me,” said Mr. Jack Barry, R. F. D. No. 7, Lincoln. “I had a bad case of catarrh for several years. My badly out of order. I could not sleep right for I had to get up in the night to use @ nasal spray. “I read so much about Konjola that I gave it a trial. I now have finished the third bottle and I am certainly improved. The catarrh is clearing up I am getting a full night’s rest and I SMALL BOY IS ‘HIT? WITH MAJOR STARS | ‘Bucky’ Andrews, 10, Catches Fancy of Barnstorming Baseball Troupe Again the affinity that exists be- tween a ballplayer and a small boy has been demonstrated. It happened here last night when Lee “Bucky” Andrews, 10-year-old Bismarck boy, met a group of major league barnstormers. The ballplayers had arrived here for train connections, following an exhibition game at Minot, and were filing into a pullman. Bucky, who had never seen the men before, stood alongside the car and named off the Players to his friends as they entered. Earl Whitehill, Detroit pitcher, overheard the boy and called Steve O'Neill's attention to the boy’s feat. O'Neill was astounded when he learn- ed that Bucky had never seen them before. O'Neill immediately lined up the ballplayers alongside the pull- ‘1 man, going into the coach to bring some of them out. Bucky, he insists on that name, then proceeded to point out and name each player. He failed only on one, Bing Miller, who distorted his fea- tures tb fool the lad. ‘The major leaguers could hardly believe that a boy “out in the sticks” could be so familiar with their careers. Bucky became the center of attraction and before the train left he secured the autographs of Earl Mack, Lefty O’Doul, Nick Altrock, Al Schacht, Lefty Grove, Whitehill, O'Neill, Charley Gehringer, Art HORLICKS Shires, Miller, Harry Sweeney and Wally Schang. Ee Even the fancy of the usually re- “ served Grove was captured by the boy. Bucky's regret today was that he hadn’t secured the autographs of Dutch Henry, Rube Walberg and Red Kress, who did not show up un- | til just as the train left. O'Neill promised Bucky that a- baseball covered with autographs would. be forthcoming, including the signature of Connie Mack. A device invented by a California scientist to record brain action is operated by electrodes placed on per- sons’ tongues, where they are affect- ed by delicate nerves. IWeECCOME- ‘NEW YORK and eo ROTEL CGINTON ‘SN ST. 7™AVE. eppostte PENNA.RR.STATION, * MALTED MILK ee On the tablets of your memory Write it down to buy a flask of Horlick’s malted tablets the next time you go a-golfing. Quick relief for fatigue. Means steadier nerves. A concentrated food and delightful’ confection. At better druggists’everywhere, , . RACINE, WISCONSIN owners committee, West Virgina-Kentucky raw or pasteurized, and the grade of the milk. Only have been able to quit using laxa- rade A milk is being | tives.” SO a eee rich in rewards for all who have the stamina to stand by America. This country is, and has been for some time past, in the soundest economical con- dition of any country in the worid. Nothing can effectually stem the course of her progress. Neither doubt nor pessi- The Standard Oil Company (Indiana) does not presume to prophecy. Unfortu- nately there have been too many prophets and too few patrons of business during the past nine months. This company comes forward with direct and tangible evidence that industry’ is quickening to the new season —rousing itself to action. : The industrial tubrication department of this organization reflects this activity. Manufacturing plants that were previ-. ously inactive have recently placed orders for industrial lubricants. More and more intervenors, who are fighting the ef- sold in Bismarck, ‘and the bacteriological count of this milk is less than 50,000 bacteria per cc, The laboratory examinations of all milks collected One does not have long to wait for concerns which were running along at average capacity, ndw increase their to ask for a renewal of the franchise and set February 5, 19-3, as the time limit. No application was filed and the franchise is held to have lapsed, leaving the board of administration no further authority to continue tne line. August 17, 1925, the city commis- sion passed another resolution, this time directing the state board of ad- ministration to cease operating the line and remove its equipment, espe- cially on Fourth street, north of ‘Thayer, before September 15, 1925. The other portion downtown was paved between the tracks and not all of the equipment was removable un- less the streets were torn up. Correctien Is Made On Boole Statement Johnstown, N. Y., Oct. The Associated Press herewith cor- rects an erroneous story on October 12 crediting Mrs. Ella A. Boole, na- tional president of the Women’s Christian Temperance Union, with asserting before a state W. C. T. U.! convention that a third party would, be established in 1932 if both Repub- lican and Democratic platforms call for repeal of the 18th amendment. Mrs. Boole did not outline plans for a third party before the conven- - tion and convention delegates, yester- day wired President Hoover\ “Mrs. . Boole and the state W. C. T. U. con- vention heartily support you in your program.” The Associated Press regrets the misstatement and is glad to make 14.—(P)— | Cut out pies, cakes, pastry, ice cream for four weeks—and teaspoon of Kruschen Salts in a glass Kruschen Salts at Finney’s Drug Store, Service Drug Store, or. any drug store in the world—a Kentucky woman lost 24 pounds of fat in 31 weeks: It rapidly cleared up and we water free from B. Coll. AWB/MJI Approved by ©. “KHOUSK, this correction. ‘ ” 1 Health Offic é Clty days, Date: Octeber 4, 198 ¢ WATER On several occasions during the month B. Coli in small numbers were every | detected in the city water at this laboratory but not at the fil 1 morning before breakfast take one | ordered the chlorine increased to the fullest capacity of the machine which resulted in a chlorine residue of 6 P.P-M. Even € is did not entirely eliminate Of hot water—go light on potatoes, |Si,the Colon harilll, 1t therefore seems necessary t pparatus which will enable us to add more chlorine. butter, cheese. cream and sugar—Get |The water during this month has been difficult to treat for ‘about two fort of the northern coal producers | during the month of September are as follows: results once Konjola it to 4 to increase the 35 cent differential Vinee % Fat Sp. G. Bacteria perc.c. Sediment | complete Prone g tidy Fag i between coal rates from the rival i Ode 1,033 40,000 Clean hottl fields to the Great Lakes harbors, | 9/4/20—L. Gars 1033 oF 800 pe banging Cage iviamsiainss 5 / eed i ¥ K Clean or the results. eas , ~ \ P. Schmidt Ht ex'one Clean | Konjola is sold in Bismarck, N. D., Millionaire to Lead t Frederick . 1.032 190,000 at Hall’s drug store, and by all the Barrett 1.034 3,50 best druggists in all towns through- Play House Orchestra Has Ba 1032 5007000 out this entire section—Adv. ‘eller 1.038 220,000 wig ick Gani sek cele Bier 18H iam lionaire’ will the orchestra in the ax 1.032 2,000 New . Ziegfeld musical comedy, ayo hee 1.034 173908 : “Smiles.” 9/6/30—Bismarck Dairy 1.084 1300 Paul Tannin, who inherited bs yp Both gaunee" ee 2 fortune from ‘father, the y; a? e . > Joseph J. Lannie, Orman es of SHI/AE—e A Green «= rose 1,000.00 a a the Boston Red baseball team, A. "5,50 y said he accepted the offer because he a 290,000 { a “loves conducting an orchestra bet- 3. 1,032 160000, ter than anything else in life.” He 3 1.032 3afioee also is a composer. 4“ 1032 192'000 3. 1.082 000; In fitting up one of the present- 3. 1.031 * 180000 day giant liners, 4,000 mattresses are a aoe 4:00. required. : i Lang . 40 1,034 3,400 9/25/30—Bismarck Dairy.) 4.1 1.032 3,000 ——— Baeth .. : 3a 1.032 4,000 | a 0 Facts for Fat Folks | Be 1031 Experience, bas ee 4.8 1.033 given us knowledge. |“Of all parts of a feast, that which | ae ae We know what one leaves, does one most good.”—! as 1,030 how .to do " Corpare. 926/s0_—_erigegman Bi 4.0 1030 in Podge fgvery tot: person I amarion ought | */10/207 to. Carake 31 1.031 Ame! . J. Irish, 3.6 1.030 We leave no to try the Kruschen method of weight Slag... 3.1 1,032 for the bereaved reduction for 4 weeks—this will cost One A 10m ©. B. Nagle’: 6.0 1.034 worry about. 85 cents—the cost of one bottle of Xegan Ay 3.8. 1.082 We Understand Kruschen Salts. 9/29/80—C. Yegan’. 38 2,032 300 Clean at new parts are to be aro’having no difficulty in providing Very truly yours, ‘LUND, Racterloiogist in Charge. orders for lubricants. Happily, this condition cannot be isolated. If orders for lubricants are being placed, then orders for other commodities are being placed with other concerns. That means more capital is being spent. Mark the significance of this news. It is an accurate index. It indicates that business has ploughed through the worst of the period of depression. It is time to push. It is time for industry, in general, to mobilize its forces. It is time for every man dnd woman in America to look squarely to the solid structure of the country, and not at the shifting fogs which doubt and pessimism create, It is time to spend—time to buy. It is time to get into stride with the new season. Standard Oil Company 910 Seuth Michigan Ave., Chicago, HL ~