The Bismarck Tribune Newspaper, May 22, 1933, Page 3

rene ars oe Bs SAY USURY STATUTE . DOES NOT PROHBIT LOWER CASH PRICE ‘igh Court Defines New Usury Law in Case Appealed From Cass County The usury statute enacted by the 1933 legislature was construed by the state supreme court in a decision an- nounced Monday to permit sales of personal property on credit or defer- red payments at a higher price than the cash selling price, plus eight per cent interest, unless sales are made to evade the prohibition against usury @8 defined by the statute. The statute, House Bill 293, firey the maximum interest rate at eight percent and relates to the amount to be charged on credit or installment buying. “Sales of personal property on credit r on deffered payments, or upon monthly or installment payments are mot prohibited by the statute,” the su- preme court held, “though the total payments exceed the cash selling price plus eigh per cent interest, unless so ‘made in order to evade the prohibition against usury as defined in it.” ‘The case was brought by H. G. Say- Jer, Fargo, against the Brady Motor Co., Fargo, involving the purchase of ® car on deferred payments. Upholds Lower Court Sayler contended the contract was void because it violated the provisions of the 1933 statute in that the auto- mobile firm exacted a price for the car greater than the cash selling price, plus eight per cent interest on the deferred portion of the purchase price. ‘The defendant contended the statute is unconstitutional. Judge M. J. Englet, in Cass county istrict court, held there was no viola- tion of the statute and this judgment was affirmed by the higher court, with Judge L. E. Birdzell dissenting in part. He concurred in the affirma- tion of the judgment, but dissented from that portion construing the sta- tute as not to include sales on credit cron a deferred plan at a higher price than the cash selling price plus eight per cent interest. “If the sale be made in good faith,” the majority opinion said, “and the time price be fixed at a sum greater than the cash selling price for ‘any cther reason than to evade the pro- hibition against. usury, there is no transgression of the statute and no penalties attach, even though the dif- ference be greater than the interest reckoned at eight per cent on the de- ferred payments.” All Doubt Dispelled “Were we otherwise in doubt as to the propriety of the foregoing con- struction, that doubt would be wholly dispelled by a consideration of the sta- tute in the light of Section 51 of the State constitution.” This section pro- vides no bill shall embrace more than one subject, which shall be expressed in its title, but a bill which violates this provision shall be invalidated only es to so much as shall not be ex- Pressed. “The title to the act here ia ques- tion,” the court said, “recites merely that the bill is for an act to amend end re-enact the statute defining usury. There is nothing in its title to appraise even the most critical reader that the bill deals with the subject of price-fixing or that it at- tempts to outlaw contracts of sale of any sort. The amendment forbids and penalizes sales on credit and on in- stallment and deferred payments onl; fn those cases where they constitute evasions of the prohibition of excessive interest. It does not provide that such sales shall be considered as evasions of the prohibition. Viewed in the most liberal light, the body of the act is germane to and reasonably connected with what is expressed in its title when construed in that way. “Viewed in this light the evidence is ample to sustain the judgment from which this appeal is taken and the constitutional question urged by the defendant is not involved.” North Dakota Leads In U.S. Crop Loans Minneapolis, May 22—(?)—The local “federal crop production loan office has disbursed only $6,376,505 to farm- ers in 11 states this year compared with $23,000,000 in eight states in 1932, Manager L. J. Paulson said Monday. North Dakote received the most Joans and the most money. Loaning for 1933 virtually is ended, although a small amount will be ad- vanced in the next several weeks. ‘His 1933 figures include: ‘Number . Amoun’ Loans 6,218 $ 465,160 Paulson sait farmers in drought areas received $26,815 in feed loans this year. “Two Plead Guilty in District Court Here Pleading guilty to charges of grand farceny in Burleigh county district court Monday forenoon, two young Bismarck men were sentenced to nine months in jail and assessed court costs by Judge Fred Jansonius. ‘The jail terms were suspended, how- ever, on recommendation of State's Attorney George S. Register and rep- resentatives of the Northern Pacific Railway company, complaining wit- ness. The men were Frederick Wanner, eon of Mr. and Mrs. E. G. Wanner, 611 Fifth St., and John G. Garberick, secretary of the minimum wage de- partment of the state workmen's com- Pensation bureau. The two men confessed to breaking into a Northern Pacific freight car on @ siding here in 1931 and stealing @ quantity of dry goods, including shoes, tools, pillow cases, sheets and dolt 5 The two men made restitution to the Northern Pacific company for the Joss incurred, it was announced in Officials who investigated the case said the men committed the offense while under the influence of liquor. ‘This and the fact that they made prompt restitution brought about the suspended sentences. Some 45,000 communities in the United States are accessible only by highways. BRI athe THE BISMARCK TRIBUNE MONDAY, MAY 22, 1933 CONTRACT EXPERTS PLAY IT 2 By WM. E. McKENNEY , American Bridge League ‘With only three or four cards of a suit out, why is it that some players will not take time to picture the dif- ferent possible distributions of those few cards? For example, in the fol- lowing hand, if the declarer is care- less and leads the queen of spades from dummy, his contract is defeated. The Bidding South and West passed. North opened with one club. East over- called with one heart and South bid one spade. I want to call your attention to the fact that this bid of one spade is a one over one force, even though the opponents have put in an intervening bid—as long as the one over one can still be made, it is a temporary force. ‘West passed and North jumped to four spades—a little optimistic, es- pecially since this jump to four spades is a mild slam try. East pass- ed and South, who now felt his king of hearts to be a winner, bid six spades, . The Play ‘West opened the ten of hearts—the top of his partner’s suit—which East won with the ace. East returned the queen of hearts, South winning with MINNESOTA SEEKS Bic PUBLIC WORKS Would Require $10,000,000 to Finance Projects Urged By Governor St. Paul, May 22.—(7)—A ten mil- lion dollar water power and flood con- trol outlay, financed by federal funds under the national public works pro- gram, is planned by Minnesota. Governor Floyd B. Olson, who drafted the four projects with E. V. Willard, acting state conservation commissioner, will go to Washington in a few weeks to scek federal approv- al. ‘The program includes: Development of water power on streams near the north shore of Lake Superior. Estimated cost $5,000,000. Construction of dams in Minnesota for flood control and water power, and to aid in maintaining a navigable Mississippi river channel. Estimated costs $2,750,000. Resumption of food control work in the Roseau river valley, begun by the state at a cost of $213,000 and abandoned for lack of funds. Esti- mated cost $1,250,000. Control of outflow of upper and lower Red Lakes, and developing the Red Lake river for power production and flood control. Estimated cost $1,- 000,000. Governor Olson, recovering in a Minneapolis hospital after an ap- Ppendectomy, perfected the program there with Willard. The governor, a farmer laborite whose platform calls for development of water power facilities, said in a statement that “Minnesota is pre- pared to take advantage of the water power and flood control features of the proposed public works program as re Perhaps no other state in the un- the king. A small diamond was won in dummy with the king. If West holds the king and an- other spade, there is no way far the declarer to make his contract. But take the distribution as we have it in his hand. The declarer must not lead the queen from dummy because East 4Q-8-7-3 94-2 @A-K-J A-K-Q-7 410-5.2 [NORTH] 4 x ¥10-7-5 | $1 ¥A-Q-J- 9-8-6 4-2 09-7-6 Dealer Be: &10-9-3 SOUTH 6-5-2 &A-J-9-6-4 WK-3 $Q-10-3 he J-8-4 will play the king which will force South's ace, and then the ten in the West hand will make. The proper play is a small spade— now, of course, the singleton king will drop and it is then easy. But suppose that the king and two small spades were in the East hand and the singleton ten in the West. You could play a small spade from dummy, East would play low, declar- er would finesse the jack, and the ten would drop from the West hand. You now have another finesse through East to pick up the king. Because you hold the queen in one hand, it does not always mean that you should lead the queen in order to take a finesse. Stop and try to pic- ture the outstanding distribution be- fore making a play of this kind, and you will be surprised at the number of tricks you will pick up. (Copyright, 1933, NEA Service, Inc.) Williston Entertains Two State Officials Williston, N. D., May 22.—()—Wil- liston Monday was prepared to enter- tain Governor William Langer and Attorney General A. J. Gronna, for- mer state's attorney of Williams coun- ty. A speaking program has been ar- ranged by a joint committee of the Nonpartisan League and chamber of ‘commerce, with a banquet included in the evening's schedule. Jamestown Defeats Northern Loop Nine Jamestown, N. D., May 22—(P)— Jamestown’s baseball club defeated Brainerd of the Northern League Sunday, 5 to 2. Art Hancock, Jamestown shortstop, clouted two home runs. Brown al- lowed six hits and struck out 13 men. The teams will meet again Monday night. Scores by innings: Jamestown .....01101110x—5 14 5 Brainerd -000001010—2 6 2 Batteries: Brown and Hancock; Olson and Bujaci. The United States still pays Civil War pensions amounting to nearly $2,000,000 weekly. 15 LOSE LIVES IN DURING WEEK - END Scores of Others, Lured to Roads By Ideal Weather, Suffer Injuries St. Paul, May 22—(#)—Fifteen per- Sons lost their lives in the northwest during the week-end. In addition, scores of persons lured | to the highways by ideal weather were injured, several so seriously they may die. ‘The dead are: Clyde Pettit, 20, and Howard Cur-/ tis, 19, both of Minneapolis, killed | when a car, containing four other occupants, crashed into a pole in; that city. Miss Ellen Hoiosen, Minneapolis, | killed in car collision near Park Rap- ids. Joe Ingram, St. Paul, killed in head-on auto crash nine miles south of Princeton. Henry Mauawissen, Minneapolis, Milwaukee railroad freight train brakeman, killed when he fell be- tween two cars at LaCrosse, Wis. William J. Tracy, St. Paul, struck by train here. Helmer Anderson, 35, farmer living near East Grand Forks, fatally burned in a cottage near Cass Lake, Minn. Miss Eleanor Schneider, 22, Fari- | bault, Minn. fatally injured when) car struck loose gravel and plunged | into ditch. Mr. and Mrs. Marvin Clark, farm- ers near Austin, Minn., shot to death by a son. Ivan Clark, 45, killed himself after shooting parents, W. T. Voss and Ralph Brown of Clark, S. D., drowned in Lake Kam- peska near Watertown, 8S. D., when their fishing boat capsized. Hans Peterson, 48, and John Ditt- man, 19, both of Angelott, Wis., drowned near Black River Falls, Wis., when they stepped off a sand- bar while seining fish. f 4 Lein | ————_-+ By OLGA M. RISE o— Those from this vicinity who trans- acted business in Bismarck Tuesday were: Cecil Ambers and Mrs. L. A. Ambers and son Harold. Mr. and Mrs. Seymour Arneson, Mr. | and Mrs. Algot Dravland and daugh. ter of Eldridge, N. D., spent Saturday evening and Sunday at Alfred Arne: son's. Bernice, Helen and Russell Bjorhus spent Wednesday afternoon at J. O Rise’s. | Louise Pehl and Martha Merke! spent Saturday evening and Sunday with Mr, and Mrs. Raymond Wheit- stock. Mr. and Mrs. Ted Varholt spent: | Thursday evening at the M. A. Lein home. Arthur Bjorhus and son Russell called at John Birkland’s Sunday. | Mr. and Mrs. Raymond Wheitstock and Donna May See spent Sunday at the George Pehl, Sr., home near Arena, Adolph Pehl and Olga Kalaski Spent Sunday evening at R. Wheitstock’s. Mayland Christensen returned home Sunday evening from Minnesota tHe cigaretle that- Lastes Better NORTHWEST MISHAPS) Mr. and Mrs. A. O. Ambers, | were he attended the funeral of his aunt, Mr. and Mrs. George Pehl Jr., spent Sunday at the D. D. Barkman home. their son Neil returned with them after spending several days. Julius Kluksdal and Clara Rise ¢alled at Ted Valholt's Thursday. Mr. and Mrs, A. Arneson motored to Bismarck Thursday. Murphy and Norman Bjorhus spent Sunday at Stuart Severson’s. Mrs. L, L, Zimmer and daughter Thecla of Arena called at S. C. Sever- son's and R. Wheitstock’s Wednesday. The American Automobile Associa- tion, conducting road tests with cars | Using 10 per cent alcohol blended with gasoline, reports that general use of this type of fuel would result in an increase of $600,000,000 to the annual motor fuel bill of the United States. A beautiful woman in one hairy hand an airplane, pulled from the sky, in the The ster apo other! tall as steeple, rushes over | ond streets rooftops! TONIGHT Al: TUES. - WED. THURS. - FRI. Daily 2:30 - 7-9 Mat. 25c, Eve. 35¢ THEATRE © 1933, Liccerr & Myers Tobacco Co. Dodge Sales Jump 3 NOT EVEN MUD AND WATER CAN STOP IT! — Skyward AS AMAZING “SHOW-DOWN” PLAN SWEEPS NATION! From coast to coast the new Dodge Show-Down Pian is taking the nation by storm. Right here in town, hundreds of excited motorists are cheer- ing Dodge for taking the gamble out of car buying. “The amazing-Dodge miracle car convinced me with the ‘show-down’ plan,” says Mr. Henry Otis Prull Jr. pictured above. “I was never 80 thrilled in my life. The Dodge ‘show-down’ plan sold me as I’ve never been sold before. In just twenty minutes without any oratory or salesman- ship I saw that the big new Dodge Six could out- perform any other car in its price class. No wonder Tam 80 enthusiastic.” If you want the thrill of your life, go to your nearest Dodge dealer. You won’t be asked to buy a car. You ‘won't be subjected to high-pressure selling methods. dollars can buy. That's what the new Show-Down Plan is! Dra- matic—Exciting—Convincing! Proof positive that the big new Dodge Six will give you the very most your And the new Dodge is as distinguished-looking as it is mechanically perfect—115-inch wheelbase, with sleek, dashing, modern lines that put it in a class with cars costing two and three times as much. A car for Economy! Ask about the economy advantages of this big car, too. See how the Dodge saves you money in 7 big ways. From $50 to $100 on running expense from these alone. Your old car will probably make the full down pay- ment on a new Dodge. And you, too, may be sur- prised to learn that the low monthly payments on a thrilling new Dodge Six ar now paying for upkeep an Be wise! Be modern! Bi car on a Show-Down ba even less than you are pairs on your old car. ewd! Pick your next d you'll congratulate yourself on how little it costs to own the car all ‘America is talking about! Call for particulars and « copy of the Show- Down score card—the new aid in judging real motor car value. But you'll be given a Show-Down of performance of engineering features and of economy that will amaze you. Proof that Dodge definitely surpasses all competition in its price class. and up 74 TODGE 6 £0. b. factory, Detroit 595 With Floating Power Engine Mountings ... 115-INCH WHEELBASE Dodge Eight priced from $1115 to $1395 f. 0. b. factory, Detroit M. B. GILMAN CO. Dodge and Plymouth Distributors Second and Broadway fifty “POWERS. A Surprise for the Ladies MATINEE LUNCHEON The Management has a real treat in store for our patrons of the Coffee Shop. Starting Easter Monday we will serve a DeLUXE MATINEE LUNCHEON for cents which will MATINEE TICKET for the FARGO THEATRE, This ticket will be good until 4 p. m. on any day of the week issued except Sat- urdays or Holidays. include _a MAKE THIS MODEL AT HOME li: ‘ TRIBUNE WANT ADS BRING RESULTS COTTONS GO SPORTING PATTERN 2651 With cottons enjoying such popu- larity this season, aren’t you delight- ed to find a model as intriguing as this designed for a cool, crisp, pique, broadcloth, linen or novelty weave? Smart details make it a headliner... clever bodice seaming, slender panels and stitched pleats. And the back neckline is just as attractive and comfortable as the front. Pattern 2651 may be ordered only in sizes 14, 16, 18, 20, 32, 34, 36, 38 and 40. Size 16 requires 3% yards 36 inch fabric. Illustrated step-by- step sewing instructions included with this pattern, Send FIFTEEN CENTS (15c) in coins or stamps (coins preferred) for this Anne Adams pattern. Write plainly your name, address and style number. BE SURE TO STATE SIZE WANTED. THE NEW SUMMER EDITION OF THE ANNE ADAMS PATTERN BOOK IS READY. Afternoon, sports, golf, tennis dresses, jumpers, house frocks, special beginners’ patterns, styles for juniors, and cool clothes for youngsters, and instructions tor making a chic sweater are among the fascinating items. SEND FOR YOUR COPY. PRICE OF CATALOG FIF- TEEN CENTS. CATALOG AND PATTERN TOGETHER TWENTY- FIVE CENTS. Address all mail orders to The Bis- marck Tribune Pattern Department, 243 West 17th Street, New York City.