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J:'.'1 »A PAGE SIX ,ar £& I State Arabic Was Sunk in Self Defense Berlin, via London, Sept. 8.—Ger many's note to the United States con cerning the sinking of the White Star liner Arabic by a German submarine •was communicated to James W. Ger lard, the American ambassador yes terday morning. The note ascribes the destruction of the liner to an act of self defense on the part of the sub marine, expresses the German govern ment's deep regret that American lives •were lost thereby and ofTers to refer the question of reparation and com pensation to The Hague for adjust ment. The note reveals in detail the in structions to the submarine command ers concerning their treatment of lin ers. They are ordered not to attack passenger steamers except in case of an attempt to escape after it is order ed to halt, or unless its actions indi cate ap intention to atack the subma rine. The submarine commander, accord ing to his report concerning the sink ing of the Arabic, said he believed the Arabic was about to attack the sub marine and therefore he acted within his instruction. German navai experts declare that there is no other course open to sub marines under present conditions when they assert every merchantman, from liner to fishing steamer, is pre Bumptively an enemy and perhaps carrying guns and ready to seize an opportunity to attack the vulnerable submarines by gun fire or by ramming. There is still no report available "With regard to the sinking of the Hes perian. The commander of a German sub marine which has returned to its base, has reported to the admiralty that he torpedoed the liner Arabic in the be lief that the Arabic's action indicated that she was about to attack tbe sub marine, and that he fired in self de fense. According to the submarine com mander's report, the submarine was engaged in destroying a freighter •when the Arabic was sighed. The submarine then was on the surface. The Arabic, the commander de clares, swung around and headed to ward the freighter as if to attack the submarine. The commander of the Undersea craft remained in doubt as to the intention of the Arabic when the latter changed her course a few points but still kept headed in a direc tion that was bringing her nearer the *cene. The captain of the submarine, re ports that he continued to observe the action of the liner until he saw the Arabic again changing her course and head directly for the spot where the submarine lay, as if the Arabic had sighted the undersea boat. Then the commander of the submarine, believe ing his craft endangered, he declared, submarged her and fired a torpedo. Say Hesperian Hit Mine New York, Sept. 8. Count von Bernstorff, German ambassador, re ceived a wireless from Berlin late to day from the German foreign office in which the statement is made that it appears improbable that the Hes perian was torpedoed and that it was more likely that the boat ran into a mine. Lost a Valuable Team Monday Frank Buzsell, of Courtenay lost two valuable horses Monday. Four horses hitched to a load of grain were being driven by a farm hand and were just crossing the track at Courtenay when the leaders were struck by the engine of a through freight and in stantly killed, though the driver and the other two horses were pot injured. The driver could not see the train as the tracks on both sides were lined with cars. The team of horses lost were the best on the farm. Mirk A. Smith Slid Ci. Owner Third Avt. an# Third St. SEEDS O A I N S Mill Feed Whole and Ground Corn WARNS FARMERS NOT TO BUY IMPORTED CLOVER SEED Washington, Sept. 8.—The depart ment of agriculture warned farmers today against buying imported clover seed of low germination and advised testing before planting. Shortage of the French supply because of the war is said to have resulted in large quan tities of dead seed reaching the mar ket. Beautiful Valley City Residence Property FORSALE Y&jm This house is fully modern with all the modern conveniences. A large corner lot 120x140 feer. Fine barn with garage ceiled, water and electric lights. These buildings are all new. Fine location on north Sixth avenue. This property is being offered at a real bargain and on easy terms, GRANGER LAND COMPANY 614 FIFTH AVKNUE 1 1 .»v\ rjji& Minot, Sept. 11.—Four wagon loads of liquor, mostly beer, with a small amount of wine, were confiscated by the sheriff, under directions of the state's attorney's office, yesterday eve ning. The goods were found at the freight depots of the Great Northern and Soo and at the office of the West ern Express company. It had been con signed to the blind pigs that have been put out of commission in the city dur ing the last few days. The liquor will be held the requisite length of time and will then be corn signed to the thirsty gutters and pools about the city, under an order from the justice. Sheriff Nedrole says that a new court houpe is an absolute necessity if goods that are sent to Minot to go down the throats of the thirsty is di verted and placed to go into storage in the court house and fail. No further arrests in the bling pig cases have been made. In all 29 have walked the plank and a number of places have been closed by the use of injunctions. The officials have pos itive evidence in every case and con victions will be easy. Invitations Are Issued For September Wedding Invitations are out for the coming wedding of Miss Lura Barchus, of Far go, a former Valley City girl, to Oscar 0. Wilcox, of Kempton, N. D., whose engagement was recently announced in the Fargo papers. The wedding will take place Sept. 22 in the First Presby terian church at Fargo, and it "is quite probable a number of Valley City friends of Miss Barchus will attend the wedding. SUMMONS STATE OF NORTH DAKOTA, COUN ty of Barnes. In District Court, Fifth Judicial District. Thomas Yards, Incorporated, a corpor ation, Plaintiff, vs. Charles T. Dazey, and all other per sons unknown claiming estate or in terest in or lien or encumbrance up on the property described in the complaint, Defendants. Summons The State of North Dakota to the above named Defendants: You are hereby summoned to an swer the complaint in this action, a copy of which will be filed in the office of the Clerk of the District Court in and for the County of Barnes, ana State of North Dakota, and to serve a copy of your answer upon the sub scriber within thirty days after the service of this Summons upon you, ex clusive of the day of service and in case of your failure to appear or an swer judgment will be taken against you by default for the relief demand ed in the Complaint. Dated August 19, 1915. ENGERUD, HOLT & FRAME, Attorneys for Plaintiff, Rooms 308-313 deLendrecie Building, Fargo, N. Dak. To the above named Defendants, and each of them: You, and each of you, are hereby no tified that the above entitled action rei lates to Lots numbered five (5), six (6) and seven (7), and also that part of Lots eight (8), nine (9), ten (10), eleven (11) and twelve (12),. describ ed as follows, to-wit: Commencing at the Northwest corner of Lot 12, thence running South along the West side of said lot, 80 feet thence running East at right angles 125 feet to the East side of Lot 8 thence running North at right angles along the East side of said lot, 80 feet: thence runJmissioners ning West at right angles alone the North end of said lots 8, 9, 10, 11 and 12, 125 feet to the place of beginning all situated in the North Half of Block 18, of the Original Town site of Dazey, Barnes County. North Dakota. And you are further notified that the object of this action is to exclude vou, and each of you, from anv right or title to, or interest in, or lien or en cumbrance unori said above described nronerty. and the whole thereof, and to quiet the title of the plaintiff there to. ENGERUD. HOLT & FTUME. Attornevs fof Plaintiff, Farro, North Dakota. (Last Pub. Oct. 14.). Girl Was Thrown Through Windshield Tolna, N. D., Sept. 11.—Carl Schin dele had a rather bad automobile ac cident while going home from the W. G. Ward farm. A heavy rain had fallen, which left the roads slippery, and while trying to dodge a stone, the car skidded and went into the ditch, turning over. His sister, Mrs. W. G. Ward, who was with him in the car, was thrown through the wind shield, and received several severe cuts about the head and face from the broken glass. Carl escaped without injury, but the car was badly damaged. Miss Jennie Loftus, who has been the guest of Mr. and Mrs. H. H. Jen son, left Saturday morning for Nome, where she will visit with friends. ,. fff'spsswwmmmw *TT Mj-yre&ft-g THE WEEKLY TIMES-RECORD,THURSDAY, SEPTEMBER 16, 1915. Minot Was Awfully Dry Saturday and Sunday Says Mothers' Jamestown, Sept. 7.—The applica tion of Josephine Fahey for a "Moth er's Pension" came on for a hearing and consideration Aug. 4, at 10 a. m. R. D. Chase, state's attorney, appeared especially for some of the county com missioners and objected to the juris diction of the court on the ground that only one county commissioner was served with notice, which objection was overruled. The state's attorney then filed .an swer to the petition and objected to the jurisdiction of Judge J. U. Hemmi on the ground that the so-called "Mother's Pension" law, is unconstitu tional and void and also made other objections. The court overruled ail the other objections raised and took the ques tion of constitutionality under advise ment. After hearing the testimony of Mrs. Fahey, the further consider ation was postponed to Sept. 7. The case came up Tuesday morn ing at 10 a.m. and the court made the following findings: That the said law, House Bill No. 118, laws of 1915, is unconstitutional and void. It is ordered and adjudged that the said application for mother's pensions, be, and hereby is denied, and that all proceedings thereunder be, and same hereby are., dismissed with preju pice. We are loath to pronounce the "Mother's Pension" law unconstitu tional but a careful examination of section 111 of the constitution and House Bill No. 119, laws of 1915, impells us to that conclusion. The jurisdiction of county courts is limited within certain bounds by the constitution, towit: "Probate and testamentary matters, the ap poinment of administrators and guardians, the settlement of accounts of administrators, executors and guardians and such other probate jurisdiction as may be conferred by law." It also provides for jurisdic tion in certain civil and criminal cases conferred by majority vote of electors in counties having the neces sary population. A small number of the counties hate adopted this "in creased jurisdiction" for county courts. This "increased jurisdiction" may also be abolished by a majority vote. Said house bill, section 1, provides "In every county in the state of North Dakota any woman who has one or more children under 14 years of age who are dependent upon her for sup port shall receive an allowance of not more than $15 a month for each such child, such sum to be paid out of the county treasury as hereinafter pro vided." Section 2 provides: "Such allow ance shall be made by the county court and only upon the following conditions." After enumerating the conditions, section 4 provides that the county court may modify or discontinue such allowance. Section 6 provides for the filing of an application, the giving of notice of hearing to the overseers of the poor of the city, town or village where the applicant resides, and the county com also for appeal from the action of the county judge to the dis trict court. Do the provisions of this bill, and the powers therein conferred upon county courts, come within the pre scribed limits of the constitution? We know of no other state with a like constitution and a similar stat ute, hence we have no precedent to guide us. The word "probate," when used in matters of jurisdiction of county courts or probate courts, relates to the establishment of wills the word "administration" relates to the man agement of estates of deceased per sons and incompetent or insane per' sons and minors. The appointment of administrators, executors, and guar dians is for the purpose of having some one manage the estate of dece dents and incompetent persons or the protection and care of incompetent persons (which includes minors). It is clear that the said bill applies to all county courts and not merely those having "increased jurisdiction It is also clear that it does not apply to matters of establishment of wills or the management of estates of de ceased persons or incompetent per sons or minors. The Epworth league of the Epworth M. EL church met at the home of Miss Carrie Green on Fifth avenue Friday evening. There were about 25 pres ent. They had a short program after which parlor games and refreshments were enjoyed. ,•?.$ irnmm Net Contents 15 Tloid ALCOHOL" 3 PER CBOT AYc^dablel^JaiafimttW Promotes Di ness orr XarcqtiC' VSSf Exact Copy of Wrapper. Reports Many Orders For His Jeddo Coal The Jeffrey Lumber Co., who have been using the columns of the Times Record to advertise their Jeddo anthra cite—the coal that is all coal—report many orders for it. An article of merit advertised in the Times-Record will meet with ready sale, because people are really reading the paper nowadays. NOTICE! Bismarck, N. D., Aug. 27, 1915. Notice is hereby given that Nolti inier School District of Barnes County has filed with the Board of University and School ffcands an application to purchase a certain parcel of land con taining 40 acres in the SE. of Sec. 16, Twp. 141. Rge. 57, Barnes County, for school site purposes, and the Board of University and School Lands has fixed, a price of $15.00 per acre. Further, the Board fixed the 30th day of September, 1915, at 2 o'clock p. m., at the office of the State Land Commissioner at the Capitol in Bis marck as the time and place for hear ing said application and any citizen interested may appear and show cause why such application should not be granted or the price is insufficient. FRANK S. HENRY, State Land Commissioner. (Last Pub. Sept. 23.) Normal Bam Is Under Way Work on the big barn to be erected for the stock of the Normal school is now under way, Bob Bailey having the contract for its erection. The Jeffrey Lumber Co. furnishes the material. Peter Ottinger, wife and son, Albert and daughter, Marie, of Oriska, ac- Correct Wei&hts Quick Returns For Infants and Children. Mothers Know That Genuine Castoria Always In Use Over For CUSTOM! TCI CKRTAUIV OVMMNT, NEW YO»« MTV. Uses Knife on Robber Stabber Gives Self Up Grahdo, N. D., Sept. 11.—In an effort to recover $2 which he claims Paul Chudob robbed him of, J. W. Woodson slashed Chudob in a horrible manner last night, and today surrendered to authorities. Chudob is in such serious condition he may die, receiving deep woundB about the abdomen and the head. Woodson says he attacked Chudob just after being robbed, when Chudob turned to leave him. To the Public. "I feel that 1 owe the manufacturers of Chamberlain's Colic, Cholera and Diarrhoea Remedy a word of grati tude," writes Mrs. T. N. Witherall, Gowanda, N. Y. "When I began taking this medicine I was in great pain and feeling terribly sick, due to an attack of summer complaint. After taking a dose of it I had not long to wait for re lief as it benefited me almost im mediately." Obtainable everywhere. State Apportionment Received companied by Mr. Ottinger's brother the parsonage Saturday afternoon at a and wife, of Chaska, Minn., were tak- thimble bee. Tasty refreshments ing in the sights in Valley City Fri-: were served and all enjoyed a social day. I time. The state apportionment for the quarter ending with July has been re ceived at the county superintendent of schools' office in the city, and will be apportioned to the various districts in the county. The state apportionment is 84 cents per child, and the county apportion ment is 12 cents. Mrs. W. C. Lyon entertained all the lady teachers of the'public schools at Cream Wanted! GIVE US A FAIR TRIAL Highest Prices for Cream pbfctti Ship Your Cream BRIDGEMAN-RUSSELL CO, VALLEY CITY NORTH DAKOTA" &sii2Z»terM A Eiact Tests Lev Eipress Ratci :&tw four•W««EndorMmj®iSli Our Efficiency and Reliability." I •••'V I If Vl tpi mm.. I