The Bismarck Tribune Newspaper, August 26, 1932, Page 5

FARGO WOMAN WINS NEW TRIAL IN COURT High Tribunal Overrules District Court Which Denied Claim Against City ‘hy Reversing a decision of the Cass Xounty district court, the North Da- kota supreme court Friday granted a new trial to Mrs. Marie R. Williams who sued the city of Fargo for dam- ages she alleged were done to her property by opening a street and in regulating the construction of build- ings on the new thoroughfare. + On motion of the city’s counsel, the action brought by Mrs. Williams was dismissed in the district court and her request for a new trial was de- \ nied. She appealed to the supreme court. In July, 1927, Mrs. Williams was granted a permit by the city of Fargo to erect a house on 11% street north, and ordered not to face the home on ' 12th street north. Later 12th street was opened and improved as a street on which other homes were erected. Because of, the limited depth of the lots, Mrs. Williams’ front yard was brought in direct contact with the rear yards of the structures on 12th street. She also alleged she sold to the city 58 feet of her property at a nominal sum after the city had prom- ised no buildings would be permitted to be erected to face 12th street. “The opening of the street was for , public use and under the constitu- tion and statute the plaintiff (Mrs. Williams) was entitled to compensa- tion for the value of her property,” the supreme court decision said. “She was only paid the value of the prop- erty taken at the time of payment.” “Changing the plan for placing buildings on lots after a plan has been established and houses have been built in accordance with the established plan, the supreme court said, “must be and can only be done for a_ public purpose, the same as changing the grade of a street after a grade had ‘ previously been established, and any damages resulting to the property by reason of the change must be paid.” Audition Contest > Is Set for Sept. 10 Announcement that the local audi- tion for entrants in the national At- water Kent Foundation radio audi- 4 tion will be held at the Bismarck sta- | tion at 7 p. m. Sept. 10, was made Friday by Mrs. Frank Barnes, Bis- marck, chairman for this vicinity. The contest offers to young singers of Bismarck and vicinity an oppor- tunity for study and a monetary re- ward as well, Mrs. Barnes said. Those qualifying in the local audition may later be able to participate in the state, district and national finals, she said. Winners will receive from the foundation cash prizes totalling $15,- 000 as well as scholarships. The aim of the contest, Mrs. Barnes pointed out, is to select the most promising naturally beautiful voice. A high degree of vocal training is not Y a necessary for success, she stated, for an untrained voice of rare quality has a better chance of reaching the finals d than a trained but mediocre voice. of Ghe believes that no young man or woman between thé ages of 18 and 25 should fail to enroll. Four persons already have been listed as entrants. Last year North Dakota produced a national finalist, Miss Lillian Meyer ' of Jamestown, who is now pursuing] | her studies in New York. Cholera Epidemic Is Under Control Linton, N. D., Aug. 26.—An epidemic of hog cholera, which started near here about three weeks ago and ¢ *spread rapidly throughout Emmons county, now is under control, stock- men of the district believe. It is estimated that $10,000 worth of us hogs died during the epidemic. In many cases where farmers re- ported hogs dying, it was learned af- & ter investigation that the animals had been killed by other swine diseases than cholera. Dr. B. K. Bjornson of Mandan, as- sistant state veterinarian has been di- recting the fight against the epi-|— demic, - Oppose Erection of Emmons Courthouse P| Linton, N. D., Aug. 26.—Steps to \g Prevent the construction of the pro- vo posed new Emmons county court house at Linton have been taken by a * committee of taxpayers seeking to en- ‘ join the county commission from let- 4 ting the contract. ‘ Members of the commission will ap- { pear before Judge George M. Mc- In Fall Showings Equally smart with a spo. or tailored sult is this elton semble consisting of a hat, and cuffs. it Is in varied colors. F Cssociated Prees Photo) : Dia THE BISMARCK TRIBUNE, FRIDAY, AUGUST 26, 1932 it in Chicago, going from there to| Mountain Boy” across the Atlantic Cleveland for the national air races.| ocean grew dim Friday as afternoon | would nave put them in Oslo shortly Long, Slow Way of Becoming Blond ong, Ow ay 0 ecoming on e They also will visit relatives in Ver-| faded into evening and there was | after 11 a, m. Friday. 0 e d b S ° e M e mont and will tour the Adirondacks. | still no word of them. utlined by Scientists at Meeting |? er vor tps wittcaer)"y, ‘vas tured bad’ weatner which MILK-FED_OITY and from there prevailed over the eastern Atlantic New York city consumes more milk ee. Ph cg tage and| might have spelled failure for their |—one pint daily per head of popula- % ig sai lissow! ansas City, returning to| aspirations. tion—than any other city in the Ithaca, N. Y., Aug. 26—(P)— genes are partially or wholly de- | Fargo in time for the opening of the There were low lying clouds and | World. Following it are Hamburg, ‘The first blonde to appear in a ‘stroyed in the process of mutation. | Agricultural college. Cope: race of brunettes resulted from a | Instead of being destroyed, he = Ferien GEN cider Oa need Wedce ar den ant Gace sianeeia chases gneiss Process much like changing wa- holds, their atoms are merely re- of Ss. Airmen Overdue those conditions it might be the fliers HE FOUN FOUND OUT ter into gas, it was revealed Fri- arranged, thus producing some had flown over * England without be- On Flight to Norway | ing seen. Akron, O—Joseph Axelrod thought bd ts scientist's Mages picture of new characteristics in the next yw evolution works. generation. Such a rearrange- ‘When the flici toms, rs hopped Thursday | he was running out of gasoline, so A new idea of what happens ment of atoms, perhaps, gave Oslo, Norway, Aug. 26—(%)—Hope|morning on the second leg of thats he looked at the tank. And was he inside genes, the microscopic units early fish their first air-breathng | that Clyde Lee and John Bochkon| journey from Barre, Vt., toward the|burned up! Not because there was ‘Miss Illinois’ as blonde hair, blue eyes or snub | Pers into legs for walking on a match for illuminating purposes. national Congress of Genetics by or bundle of atoms, a single Robert Connolly, son of M. J. Con- of heredity that carry such traits | ®Pparatus, and helped turn fllp- | mient succeed in flying their “Green | land of the Vikings, they said they |20 gasoline, but because he had used noses ed to daughters, land. was presented before the Inter- r= = B : = = *« * * * x * *x Dr. (N. Timofeetf-Ressovsky of Leave for National — many. Py * Ps He said experiments show & Fraternity Meeting | B an at | G A Si In gene is probably a large molecule q le le e Ore. or N | physico-chemical unit like a panied Ww" | molecule of waters The change, Dan Archer ant Lloyd AISOOAIG, \" \\ \ c ! v & s ¢c H t LDRE Lad G6 RE AT & R or “mutation,” such as would be — both of Mandan, stopped in Bismarck \ necessary to produce the first | Thursday en route to New York City ’ \ CON FIDENCE IN | I= this nation-wide organ- blonde in ‘a race of brunettes, | where they will attend the national : \ ization of home - owned Rta ied this ganecnolenio fae convention of Theta Chi fraternity. . ms ne-molecule, just Don Arthur is president and offi- X each store as atoms in a water molecule are | cial delegate of the fraternity chap- \ \ rider Yearranged when the water |ter at the North Dakota Agricultural . " a ested in his customers. changes to gas. college, where the young men are The new theory of Dr. Timeo- | students. feeff-Ressovsky is contrary to the Preceding the convention, which is old idea of many scientists that | scheduled for Sept. 8-10, they will vis- 2. 2 2 2 3 Pastry Shoppe 104 Fourth Street Combination Special Saturday Only, Aug. 27th - “If expression is the soul of music then flavor is the soul of food.” The WONDER LOAF is made with butter, milk, sugar, compressed yeast and the highest grade of spring wheat flour. Perfect blending and perfect baking make that perfect flavor in the loaf. eee ES Illinois American Legionnaires in their state convention selected Miss Bea Imhoff of Hillsboro, Iil., as “Miss Illinois.” (Associated Press Photo) Kenna Saturday to show cause why Chocolate "the commission. proposes to spend One | Caramel Marshmallow $30,000 for the constretion of the \ ( basement and ground floor of the or Roll building at the present time. Two more floors would be added later. Strawberry Money now in a county memorial found would be used to construct the and basement and ground floor. In thei aint the plaintiffs al- |} sas : ine thRt the roniinieeion “ested at One dozen delicious cookies of any lawfully in advertising for bids, that variety for 21c MADE BY there are no funds available which |} lawfully can be diverted for the con- struction of a court house, and that ° e Bismarck Baking Co. no building should be built until the One Marshmallow Roll and one dozen stion is submitted to a vote of thi people, aay cookies, value 30c, sold Saturday only for —EE — cciaeaiaiaaai ( 3 for 20¢ 21c. Please select early. Schilling © . 1.G. A. MILK Tall Cans Ea. 5c Tomato Soup Campbell’s I. G. A. Stores conform to "7! the highest standards of A | modern merchandising. CERTO sctte 25c€ \ Saloon Can’t Close COOK’S GROCERY 1.G.A. 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