The Bismarck Tribune Newspaper, August 27, 1931, Page 6

6 / THE BISMARCK TRIBUNE. THURSDAY, AUGUST 27, 1981 CONSTITUTIONALITY OF MACHINERY LAW ISUPHELD BY COURT Rules Purchaser May Return Equipment If It Does Not Serve His Purpose The North Dakota supreme court Wednesday upheld the constitution- ality of a state law providing that a purchaser of a tractor and certain other far machinery for his own use may rescind the sale if the machinery does not prove reasonably fit for the purpose for which it was bought. The act, chapter 238, laws of 1919, was attacked on the grounds that it interferes wtih the freedom of con- tract and is therefore in violation of the 14th amendment to the constitu- tion of the United States, and of sec- tion 13 of the state constitution. iHEAVY CROP IN WINTER BELT BRINGS BOOST IN WHEAT CROP SEEK CAPONE IN KIDNAPING CASE |Gang Chieftain May Face Com- plicity Charge in Gambler's |Rex Willard, Farm Economist, Gives Agricultural Out- look for Month By RE: WILLARD Farm Economist North Paketa Agricu! College Business Situation: Industrial ac- | tivity declined to a still lower level in { Disappearance _|July and it is probable that the voi- | 2 jume of physical production declined fing ck rueT to a point very close to that of last Chicago A a Alphonse December. With more than seasonal | Capone, listed as “public enemy No. 1” by the Chicago Crime commission, is wanted again. This time the wiley gang chief is being sought in connection with the kidnaping of John J. “Jack” Lynch, declines in factory employment and payrolls during the last two months, the farmers are markcting their 1931 crops at a time when consumer in- comes are at the lowest point in this neal vnc depression. While wholesale prices vealthy turfman, disappeared a j eatny i Mfoday while enroute from (Temain practically unchanged, there his Chicago office to his summer home |Wa8 @ slight decline in the price of lin Lake Geneva. Wis. agricultural products and a slight in- Lynch returned home Thursday, his crease, in ee ee Rede : labductors having released him Wed-| Wheat: je the production of i 4 wheat in the United States for 1931 ts | sday night. ore ected to exceed that of last year |ARKANSAN 10 LEAD | | “TIBERTY’ GROUP jCoin Harvey Named as Presi-| | dential Candidate by New | Political Party | Monte, Ark. Aug. 27.—()—Dele- | ga who attended organization of , W. H. (Coin) Harvey's new “Liberty | party were on their way home Thurs- | after naming him the party's | choice for president and formulating ‘a platform embodying a moratorium of private debts. The convention adjourned Wednes- day night following selection of Har- | j vey tor accident, has returned home. County Commissioner William Fricke and wife were recent business callers in Bismarck. Ole Olson of Wilton was a recent caller in the community. Harvesting is about completed in the Baldwin district. Much of the crop was cut for hay as it was too poor to pay harvesting expenses. recent caller in town. |. Mrs. Jane Register has returned to |her home in Bismarck after a week's visit with relatives in the community. Alvin Lange of the Painted Woods community was a recent caller in town. £ Miss Helen Baumgart of Mandan visited with her mother, Mrs. Mathil- ja, Baumgart Sunday. Mr. and Mrs. John Risch and fam- ily, who have been living on a farm as presidental candidate and {Southeast of here the past year, arc ‘Andrae Nardskog of Los Angeles, as | Planning to move to Oliver county on his running mate. Details of con-|@ farm owned by Martin Bourgois. cluding the convention's business were | Risch has been farming the place the left to the new party's national execu- | tive committee. | Harvey, nings Bryan's Free-Silver campaigns, | Ww s ready to begin his fight as stan- last Sunday, {dard bearer of the new party. | Williams’ birthday past year. Members of the Presbyterian veteran of William Jen-/Ladies’ Aid and their families gath- ered at the Elmcr Williams’ home the occasion being Mrs. Mrs. Williams | The aged crusader for a monetary /has been an invalid for several yystem revision, who furnished Bryan Chaper 238 provides: “Any pur- chaser of any gas or oil burning trac- tor, gas or steam engine, harvesting or threshing machinery for their own for the state’s attorney telephoned | the order for Capone's arrest from Lake Geneva, where he has been mak- | use shall have a reasonable time af-|ing an investigation of the Lynch| ter delivery for the inspection and | Case, saying that the gang chief was testing of same, and if it does not | Suspected of a direct connection ‘with | . negotiations for Lynch’s release. Ca- | prove to be reasonably fit for the pur- | - pose for which it was purchased, the | Pone is reported to hav2 agreed to p: purchaser may rescind the sale by |Off the abductors with es ea ‘iving notice within a reasonable time | bY the missing man’s friends. Roche | Hie bal ‘said that if Capone refused to name e delivery.” Lat aed eat |the persons to whom the ransom was | |average of 547.4 million bushels. The! Patrick J. Roche, chief investigator | L | a ata sphoned {PY 25 million buskels, the world crop! for the 1931-32 season is expected to! be smaller than that of 1: year. In! Tee United ‘State ths inerecset prew| 33 Years ago, is taking the field with Se ee eet nene iae’ Boos | 2 radical platform which the conven- | and the democratic party with plat- has been! brought about by a very heavy crop) in the winter wheat belt. The Aug.| 1 forecast puts the winter wheat crop at 775,180,000 bushels compared with 612 million last year and a five-year! Harvey, 80 years of age, accepted the nomination rather than see the j;convention adjourn without agreeing on a ticket. ° The platform, called for a five-year moratorium of all mortgages and in- terest-bearing debts, a revision of the spring wheat crop as reported Aug. 1 j | tion he called and dominated adopted. | | The higher court held that the law is “a reasonable classification which affects and treats all persons subject to its terms in like manner under like circumstances and condi- tions and is therefore constitutional.” Judge John Burke wrote the decision. Judge L. E. Birdzell dissented. Filed in Stark County Action was brought in Stark coun- ty district court before Judge Frank T. Lembke by Oscar Bratberg of Tay lor, N. D., against the Advance-Rum- ely Thresher Co., Inc. for recovery of the purchase bine harvester, not prove reasonably fit after inspect- is oniy 118 million compared with 136 | million last year. d to the} j paid he could be prosecuted as an ai cessory A squad of police hw hotel where Capone main’ quarters, but were unable to find the |small, the larger crop in those coun- gang chief, who also is wanted for tries together with the milling re- questioning by Arthur T. Thorson, |strictions and high tariffs are ex- district attorney of Walworth Coun- | pected to restrict the takings of wheat ty, Wis., where the kidnaping occurr-|in those countries duriig the whole ed. The possibility that Capone season but more especially during the might be extradited to Wisconsin in!next few months. The normal con- connection with the case was dis-|sumption of spring wheat in the cussed by Thorson with Chicago offi-| United States is considerably in ex- cials. jcess of this year’s crop but most of “I am determined to run down'the probability of high premiums on these kidnepers at all cost and make | pard spring wheat were counteracted a horrible example of them", Roche | py the extremely high quality of the While supplies of old wheat in the! ains head-|importing countries of Europe are! monetary system, freedom from tax- ; ation, and public ownership of util- ities to pay all costs of government. The revised monetary system sug- gested would allow issuance of paper money as currency, with silver, coined | free, as “coordinated money.” | Harvey has been living at his home | here for several years, writing his prescriptions for economic ills and| | supervising the building of his pyra-, | mid, a structure in which he plans \od| |store for the benefit of posterity the | months from injuries received in a motor accident. Mrs. Williams is form planks in the political battles of | president of the Aid. Driscoll | ° By MRS. F. 0. JOHNSON Ole Olson has been transferred to Sterling, Gust Pedroff to Steele and I. H. Omodt, to Cleveland. They are members of the section crew. 8. W. McCardy, Jamestown, divi- sion road master, was in Driscoll on Mr. and Mrs. Hanson of Linton business Saturday. spent from Wednesday to Saturday Egner Swanson. Mrs. A. H. Meland and Mrs, Chas. Swanson spent Monday after- noon with Mrs. William Van Vleet. Charlie Whitney was a Driscoll caller Monday. Mr. and Mrs, A. S. E. Metcalf, Dor- records of this civilization which he!othy Johnson and Lillian Sampson predicts will be destroyed. The base of the pyramid, covered by 2 tent, formed the convention hall. | ing and testing the machine. A jury brought in a verdict for Bratberg, | and the company appealed to the supreme court. The higher court sustained the ver- dict of the district court. Two companion actions were brought against the Advance-Rum- ely company, one by Hans Jesperson, the other by Walter Hamman, both of near Taylor, who also sought to recover the purchase price of machin- said. “This kidnaping may result in| several killings. Lynch had many} | friends and it is possible that his ab- | duction may cause a deadly war a- I want to get these | fgllows more than any other crim- | inals and I think I will.” | The $50,000 reported raised by Lynch’s friends was reported in police | circles to represent a compromise with the abductors whose original de- | mands, sei | t last week by telephone | winter wheat crop. | Fla: The flax crop in the United) national executive committee are S. States is expected to be the smallest! w. Wood, White Bear Lake, Minn.; | since 1922. The 1931 crop is esti-: William Tallackson, Grafton, N. D., mated at 13,807,000 bushels compared! and Herman D. Eileron, Dell Rapids, with 21,369,000 bushels last year. Con-| S. D. sumptive demands for linseed oil have! @ been low. Potatoes: The forecast of the 1931) sina emt et Potato crop Aug. 1 was 370,580,000 | bushels or a little more than 27 mil-! By FLORENCE BORNER i} court found in favor of the pur- | rey ees paid |prices are not expected to be as high) farm near Washburn, spent the week-| the money Lynch returned to his home at! Lake Geneva, Wis., early Thursday in| his car. unharmed, and in good healtir after be leased by his kidnapers at Ka chasers. The higher court sustained the de- cision in the Hamman case, while the verdict returned for Jesperson was | reversed on the ground that Jesper-j son did not effect a legal rescission of ; the contract. In the Hamman case, | Lynch wer Judge L. BE. Birdzell dissented. jon arriving Writes Long Opinion |fused to Constitutionality of chapter 2 s|than “ attacked in the three actions. Bratburg case, Ww r for the three suits, Judge Burke out- lined the question in detail in a 40-} page opinion I In this case, the Advance-Rumely |“ After a brief company contended the action is injhim into their equity to rescind a contract {to another poi “There is not merit in this con-|an hor tention,” the opinion said. “It is an |drove qu action to recover the purchase price | “He was well taken of machinery which is claimed by the | {rom his dirty face a plaintiff to be unfit for the purpose |rumpled clothes, and ht for which it was purchased, the plain- looked fine to m tiff claiming that the contract was his good health.” duly rescinded.” | "He had no idea who wanted to The second contention of the com-' kidnap It all seems to be a pany was based on the question of! kidnap hi It all seems to be the constitutionality of the law The supreme court, held there is; > nothing in the 14th amendment or || section 13 of the state constitution | g—— which affects “in any way the right| ot a state to make reasonable classi- | fications.” | “The 14th amendment does not pro-| yyy, and Mrs. Jacob Stroh and so: hibit reasonable classifications of Per-/ paul motored to Wing Wednesday sons and things for the purpose of|° yp Heaton called at the Mar- egislation, but such classification iS} chant home on business Wednesday. | distin seconberiaied by tbe sind tin Strand and son Leo were ment,” the opinion said. “The state} airs a fe ates the purpose of legislation if the classi- : Ss Sikes eae hal fication is based on proper and justi-| , Mr. aud Mrs R. 0; Marchant and fiable distinction considering the pur- | @aughters Margie an| pose of the law.” to Wing Wednesday. Prnmactes Public Welfare Venton Heaton called in this com- ‘The due-process clause of the fed-| unity Tuesday and Wednesda; eral constitution is not intended to| Miss Margaret Marchant venled interfere with the power of the state|With Mrs. Gust Olson and son Glenn} in the exercise of its police power to|!2 Wing Wednesday. HNP prescribe regulations for the protec-| Mabel Lytle of Wing, Emil Stroh, tion and promotion of the welfare of /Ted Hochalter, Margaret and Irene the people, the court ruled. Marchant were supper guests at the “Tt is only subject to the qualifica-| Philip Wahl home near Pickardville tion that the measure adopted for the | Sunday. purpose of regulating the exercise of| Miss Mabel Lytle of Wing spent the) the right of liberty and the use and|Wweek-end at the Marchnat and J. E. enjoyment of property,” the opinion} Witt homes. said, “must be designed to affect some| The Misses Lenora and Lydia Witt public object which the government |svent Sunday at the Herman Neiters may legally accomplish and it must | home. be reasonable and have some direct,| Mabel Lytle, Emil Stroh, Margaret real and substantial relation to the}and Irene Marchant and Herbert to bed immediately up-| home, but a man who re- himself as other mily,” quoted no ransom had been demand- captured b “the man continued uffle, th forced nd then drove ey waited aid they cof Aside hands, see seine ey Schrunk it ‘T MARCHANT By MARGARE public object sought to be accom-| Hoffman, Ed., Ted and Annie Stroh! Eggs and Poultry: {called in McClusky Saturday night. Miss Annie Stroh has her niece of near Alta visiting her this week. plished. Birdzell’s Dissent | In his dissent in the Bratburg case, Judge Birdzell said “the statute ap- plies to sales of machinery that has|at the Stroh home Thursday. been in common use, not only upon; Bennie Reiser was a business caller as but elsewhere for several gen-|at the Marchant home Friday. erations.” ‘Mr. and Mrs. Henry Seilinger and “It applies,” he continued, “to sales Oe ey, See whether the machinery is new or sec- ond-hand, whether sold by one indi- vidual to another or by the manufac- turer, manufacturer's agent, a dealer, or by @ casual owner who might have occasion to dispose of but one such machine in a lifetime. It does not purport to compensate for inequali-} ties of position as between vendor and; purchaser, for it applies as well to a/ situation in which the purchaser may | have knowledge of the capacity of the | machine to fill the purpose for which | he buys it superior to that of the, selier “The statute on its face is an as- sumption of 1 tive control over al! sales of taro . patios Yes designated despit of the parties and establishes ‘a policy with reference to such transactions to the shall be made un- Neiters home. Carol and Allan Schuh spent Sat- urday evening in McClusky. Ed. Schuh of McClusky called in this vicinity this week. Thomas Novak was a recent caller at the Marchant home. Second Hand House- hold Furniture for Sale. Inquire at 1210 Broadway. Special Meeting of Local 2059 in connection with the Labor day and State Federation of: Labor senor _inepttent mee! of ‘af ters to meet at’ Labor Hall Friday, Aug. 28, at 8 p. m. jhave } middle of Septembe: lerop in both the y jin the nativ Bennie Reiser of McClusky called! family spent Sunday at the Herman} | as last year unless the quality is poor, as was indicated a month ago. le: The numbers of cattle on feed Auz. 1 of this year were reported to have been considerably lower than on that date but indications point toward heavier marketings of grass fat cattle duting the late sum- mer and early fall than a year ago. The average price paid for all grades at Chicago during July) ing the vacation season with his par- cents per 100 greater |enis, Mr. and Mrs. Fredolen Rupp., than in June, whereas the average of; will return to the Fargo Agricultural! ocker and feeder cattle was more|college in September. | cents under that of June,| Mr. and Mrs. C. V. Anderson trans-' , and $1.50 below that of July,’ acted business in Bismarck last week. | Nels Anderson, who has been tak view of the fact that weiing medical treatments in Bismarck > June 1, 1931,1_ pig s “ 2.5 per cent more} aa a ing pigs in the United States than; and with little prospect for} Does Your Fur Coat Need Att€ntion? We Do Repairing, Cleaning, Relining Coats Remodeled into the Latest Styles Irma Little spent a few days of the; Cummings. iusiness caller in the community. after farm interests. Hogs: In trade, it would seem wise and profit-| able to market the 1931 crop. of! spring pigs ‘(at least those that weigh 180 pounds or more) by the Farmers whose! dy to market inj hogs will not be time to avoid the price decline should try to carry their pigs along slower so that when they| are ready to market early in January or February of next year, they will! not be too bie to bring the top price. Lambs and Wool: Th? 1931 lamb, stern and native heep states is larger than that of! last 5 The increase in the west-| ern states was 1,730,000 while that! 2 sheep states was 590,000| head. The increased supplies already have had a detrimental effect on | prices. Unfavorable range conditions and} feed supplies in the west are expected to result in larger marketings of ewe| lambs and many of the older ew which were retained last year be: cause of the low prices offered, will be marketed this year in spite of still lower prices. The Boston wool mar-} ket was quite active during July and Prices moved upward on most grades, Butter: Poor pastures over a large part of the United States during July} resulted in greater than seasonal de-/ clines in butter production and prices have made some advance. Butter prices have been on the increase for nearly two months as a result of these} | declines. Come in and see our won- derful selection of the latest styles in Fur Coats. very reasonably priced. STATE FUR CO. 202 Fourth St, Opposite G. P. Hotel The decline in jege receipts at the principal markets during the last month has been a jattended church services at Steele | Sunday. Mrs. Mary Reynolds of Fort Yates Included among those named on @/<nent from Wednesday to aSturday {with Mrs. Sarah Reynolds. James Wright broke his wrist ” cranking a car Sunday. Mr. and Mrs. Al Chapin and fam- iily had dinner Sunday with Mr. and as (Mrs. Chas. Swanson. Baldwin i} The 4-H _ club will meet with Miss Janet and Virginia McCann Thurs- | day. Mrs. Clarence Swanson and daugh- i Be an spent Monday after- Frank Weise, who is employed on a/‘7,beva, Jean Spent Mr. and Mrs. H. M. Ward and fam- end at his home. lily spent Friday in Driscoll. Mr. and Mrs. Metcalf were Bis- past week with her little friend, Iona! yarck visitors Monday. Mrs. Vic Pederson is visiting Mrs. J. F. Olson of Fargo was a recent! agen Pederson. Mrs. William Van Vleet and daugh- “Joe Fevold of Bismarck was here|ter Wilma spent Saturday in La the early part of the week looking) youre. Mr. Van Vleet returned with Richard Rupp, who has been spend- | ———=— —— SEE You FINALLY TOOK MY ADVICE AND GOT SOME RINSO. HOW DO YoU LIKE IT? DID You EVER SEE SUCH RICH LiveLy suDs? \ “It washes clothes | white as snow!” says her delighted sister 1 i “NY I know why you kept telling { me to change to Rinso. It's mart- velous soap! I never got clothes so bright and clean from my washer fore. Linens come so white, I don’t even boil them! I wish I had taken your advice long ago.” For tub washing, too The makers of 40 famous washers recommend Rinso for safety and for whiter, brighter clothes. Great for tub washing, too; out dirt — saves scrubbing — saves the clothes. Rinso suds are thick, creamy, /asting — even in hardest water. Rinso _ twice as much suds, cup for cup, as weight, puffed- i | { \ | | MILLIONS USE RINSO | Strengthening factor in the egg mar- ket. Storage holdings on all classes of poultry are below those of a year) ; ago except on “fowls” which are in, {slightly greater supply than a year | earlier. Nearly 3,000 miles of canals are in| use in England. | days CAREFUL AND Dozens of new items have former sale prices have DERSONAL SERVICE You are assured of pro- fessional integrity of the highest order, as well as expert attention ‘and service, when you entrust us with respon- sibility. You can de- We Understand. Webb Bros. Funeral Directors Phone 50 house furnishings Final Clean-up! Friday and Saturday are the two last “Remodeling Sale” quick and complete clean-up: This merchandise must be sold to make room for the new Fall styles now arriv- ing daily, This is your chance to save on piece goods, S. &.L. Co. of our been added and many of the been further reduced—for and men’s clothing. | | 1 Fred Schroeder of Cromwell was a for injuries received in a recent mo-|them Saturda; here. Mrs, Roy Smith and children spent Friday night at Clifford Nelson’ | Why trust to luck? Put certainty of success and spent Sunday|tained Mr. and Mrs. Elmer Koon at! Mrs, Erstad of Glyndon, Minn., is visiting Mrs, Wakefield. Mr, and Mrs, James Koon enter- Pederson home Sunday. The ancient hepa of Siam— Ayuthia—has been hidden in the dinner Sunday. 1 Mr, and Mrs. J. A. McCann ang | Jungle for four centuries. Mrs. Oscar Pederson and children} Annie Oakley was the greatest were dinner guests at the Hagen|/ woman rifle shot the world has ever -| known. is EXTRA Quality and Value in in every baking by using) either ’ OCCIDENT, - LYON’S BEST, OR CLIMAX Clicquot Club Buy it in the convenient carton of Cost More Worth It! RUSSELL -MILLER MILLING CO. 12 bottles. 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