The Fargo forum and daily republican. [volume], January 13, 1912, Image 9

About The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957

Image provided by: State Historical Society of North Dakota

                
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/I, F. MONTGOMERY, C, P. A.
368 Robert St.
81. Paul, Minn.
Wwt«, N. W. Csdar 3750
Phone, Tri-State .150
JjTn the supreme court, state of North
^gjikota. October term, 1911.
r*In the matter of the estate of Anton
The Only Thru Sleepers Via
the Santa Fe's
from the Twin Cities to
California ran via
Chicago tireat Western
every Thursday morning until
February
21.
Tourist Sleepers via C. G. W. R. R. and
Santa Be to California leave the Twin
Cities every Tuesday Night,
For complete information call on, phone or address
the following Chicago Great Western representatives:
Decisions of the Supreme Court
Peterson, deceased. Zachariah
Davidson, as administrator of said es
tate, petitioner and respondent, vs.
the unknown heirs of Anton E. Peter
son, deceased, W. H. Thomas as state's
attorney of Benson county, North
Dakota, Herman Miesen and Dorothy
Miesen, respondents Alfred Andreas
sin Ladehol, HaJvor Nilson. Nils An
dfeassen, Emma Alvilde Andreassen,
al., appellants.
1 After an appeal from county to
district court has within time bein
perfected by the service of a notice of
appeal upon some of the parties liti
gant, and where a fatally defective
undertaking on appeal has seasonably
bten filed in a good faith endeavor to
Ptrfect such appeal, the county court,
uhder Sec. 7969 R. C. 1905, has juris
diction of an application based on an
affidavit showing such good faith and
explaining the default to permit ap
pelant to file a new and sufficient un
dertaking in leau of the dcfcctive one.
2. Where the record on such an ap
peal has been transmitted to the dis
trict court and a motion is there made
to dismiss the appeal for want of a
legal undertaking, it is held that the
requirement of a valid undertaking to
be served and filed as a step in the
appeal proceedings is primarily for the
purpose of security and as such the
Ǥing of an insufficient or void appeal
bond with the notice of appeal vests
the district court with jurisdiction to
order the record to be remanded to the
county court that a sufficient bond on
appeal may be there approved and
aiftd and the record re-transmitted to
district court.
3. Where such notice of appeal de
ttiknds a trial de novo and the re-trial
involves issues of both law and fact,
*ft the determination of the existence
of a foreign comm6n law marriage
necessarily to be determined from evi
dence, it is triable on evidence to be
offered ar^ipw and not on th« record or
tjNftnscript of testimony and proceed
ings certified from county court and
tie last part of Sec. 19S5 is not to be
construed as denying or limiting the
ntenner of trial de novo in such cases
t# a review of the record of the lower
art.
4. Suoh an issue is one triable in
dfctriet court as an equitable actiog
Kftiere a jury trial is not had.
•*5. Where so tried to the court the
l%cord and the proceedings on appeal
fibm the district to the supreme court
Uh governed by the statutes as to ap
peals in equitable actions. Where i a
jtry is had in the district court the
appeal therefrom is governed by ap
peals from jury trials, folowing Hed
derich v. Hedderlch, 123 N. W. 278.
"i6. The statute vesting in the dis
Cftct court jurisdiction to try de novo
jwobate matters appealed from county
eiurt is not constitutional as violat
Jj£f section 111 of the constitution
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ici milk, malted grain, powder form.
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VICTORIA LUISE
Sailing Feb. 7, March 7
a® fiVa i $iT5 *ad ujo.
MDLTKE, Jan. 23t Fab. U
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2«, ttt Oayn, 988 T»i».
Luxut? of Tca'ftl.
Bvsjy RtftflaesiMst ot 5»r*lc« l»»orwl.
4 tit Cruitict to the Orient, ffputk Jiineriea,
inning. Out Italy ani Sitl/ft*
gflS'J for TU'i.^fStpi: Ps)K-pbl»t,
HAMBURG-AMERICAN LINE
W. Randolph St., Chicago or IwcU «ft*.
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428 Nicollet Ave.
Minneapolis, Minn.
Phone, N. W. 3080
Phone, T. C. 262
--{•x
granting exclusive original jun»ui.c
tion to the probate court of such class
of actions, as the trial de novo on ap
peal is but the exercise by the dis
trict court of the appellate Jurisdiction
conferred by statute and permitted by
Bection 103 of the constitution.
7. The settled statement of the case
on appeal from district to this court
from the determination of an equitable
issue as in this action should include
only the proceedings had ill the dis
trict court trial.
8. The evidence offered in district
court on behalf of respondents, Miesen
is reviewed and held to negative the
existence of any common law mar
riage of Dorothea Harnau to Peterson.
Neither she nor Herman Miesen, al
leged son of deceased, are entitled "to
inherit his estate. They are without
interest in these proceedings and their
petition that his estate be decreed to
them on final distribution thereof Is
denied and judgment below in their
favor is ordered vacated.
9. Entries of births, deaths and
matters of family history in a fam
ily Bible, though hearsay, are ad
miBsable as past declarations of mat
ters of family history concerning
events as to which the family is pre
sumed to have accurate knowledge,
when the entries were made by a
member of the family since deceased
or at a time when there could exist
no motive to deceive.
10. Certified copies of parish rec
ords from Norway of rectttded births,
deaths and marriages tending to es
tablish respondents, Ladehol, et al., to
be heirs of deceased, held inadmis
sable for want of proof as a founda
tion for their admission of the foreign
law requiring such registration as an
official duty. A foreign law relied
upon as the basis for such testimony
must be proven as a fact, and when
tho foreign law exists as a statute or
in writing oral testimony thereof Is
inadmissable under both the common
law and our statute Bection 7291. The
foreign unwritten or common law may
be established by oral testimony, but
Where such oral testimony does not es
tablish the foreign law to exist as un
written or common law and negative
the existence of a written statute, the
proof of the foreign law is insufficient
to admit certified copies of the offi
cial but non-judicial records.
11. Such certified copies purported
to be certified by the pastors as keep
ers of the records, authenticated under
seal by district judges as to genuine
ness of the pastors' signatures and that
the records were kept pursuant to re
quirements of law, and re-authentU
cated by higher church officials and all
certified under seal of office as to ver^
ity of signatures, faith and credit to
be given and as made under lawful,
authority in turn by the American
consul resident in Christiana, Norway,
held insufficient to warrant the recep
tion in evidence of cuch documents so
•certified without further proof that the
foreign law was not in writing.
12. The federal, state &nd common
law rules of authentication of docn-'
mentary evidence as between the
states and territories discriminated,
the common law rule as to proof
necessary to admit forefgn Official, but
non-judicial records not applying
thereto.
13. The proof of heirship being in
sufficient as to the right of Ladehol,
et al., alleged foreign heirs, re
spondents, to Inherit, but it appearing
that on re-trial further testimony
might be offered and that further op
portunity should be given them to
submjj proof of their relationship to
deceased, this action is remanded to
the district court for re-trial on that
issue and the state, to whom in case
of want of heirs the estate escheats,
will appear by the state's attorney of
Benson county or by the attorney gen
eral. Judgment In the county Court
to be entered on order of district
court.
(Syllabus by the court.)
^.Appeal from, the district 'courtV.of
Benson county, Cowan, J.
s
rjteversed and remanded. "v.
Opinion by Goss, J. Burke, jr. *nd
Bruce, J., being disqualified, Hon. W.
H. Winchester, judge of the Sixth ju
dicial district, sat by request.
Scott Rex, T. H, Burke and C. L.
14ndetrom, attorneys for appellants.
Buttz & Sinness, and O. D. Com
stock, attorneys for respondents.
Robert Blessett, et al., plaintiff and
appellants, vs. E. K Turcoite, et al,
defendants and respondents.
1. A mortgagee who, after condition
toroken, but before foreclosure, enters
upon the mortgaged premises and takes
possession thereof, will be presumed
to do so for the purpose of collecting
the rents ml profits, and of apply
ing them uj i -i the mortgage debt.
5. Such iiiutyagee does not hold
adversely to hi i mortgagor under Sec
tion «7M, it C. 1905. The ten-year
statute of limitations will not, there
fore, begin to run against an action for
redemption, until he asserts a claim as
^a, purch^sier under a foreclosure sale,'
of some other claim iouohsistent with
thai of a mere lien-holder, or untii a
tender of the mortgage debt has been
fL'5*. tew c$A&£es have.been mide in
the official programme for the big Tri
State Grain Growers' convention from
the official programme originally sent
out This was caused by some of the:
speakers having asked to be excused
after they had accepted.
New speakers have been secured and
the revised programme shows one of
the finest lists of speakers ever se
cured for a convention in the north
west.
The complete official, revised pro
gramme is as follows:
The complete official programme for
the Tri-State Grain Growers' man
convention is in full as follows
TUE8DAY, JAN 16.
Morning Session*
10:00—Invocation.
Address of Welcome—J.
V,
Fergus, N. D.
Evening Session.
7:30—Band concert.
8:80—President's address,-Pres. J. H.
Worst, president North Dakota Agri
cultural college.
9:00—Relation
Minn-
Between Railroads and
Farmers, Howard Elliott, president
Northern Pacific Railway Co.
TflURSDAY, JAN. 18.
Morning Session*
9:30^Methods of Frost Prevention—
Mr. DeSmidt, Battle Lalke, Minn.
10:00—Progress in Northwestern Hor
ticulture, T. Brackett, Excelsior.
10:30—Windbreaks: Their Effects on
Farm Crops,* C. B. Waldrori, horti
culturist, Nojrth Dakota Agricultural
college.
ll:00~Mai-ket Gardening,' '^CHlVer
Strand, Moorhead, Miim.
THE FARGO FORUM AND DAILY REPUBLICAN, SATURDAY EVENING, JANUARY 13, 1913.
The Complete, Revised
Tri-Siate, Programme
I' I"l' I' M.iftf.l, nil
Few Ciungts Have Been Made From the Programme As Ori
ginaliy Given Out—One of Finest List of Speakers Ever
"Secured For a Meeting in the Northwest
Hardy,
president of commercial club.
Response Superintendent Selvig,
Crookston, Minn.
10:30—How To Secure Good Roads in
North Dakota, T. R. Atkinson, state
engineer, Bismarck, N. D.
11:00—Dry Farming, W. R. Porter,
superintendent demonstration farms.
11:30—Co-operation, Hugh J. Hughes,
editor, Farm, Stock and Home, Min
neapolis, Minn.
Afternoon Session.
1:30—Elements of Success in Agricul
ture, Prof. Thos. Shaw,, St, Anthony,
Park, Minn.
2:00—Road Improvement In Agricul
tural Districts, Prof. John T. Ste
wart, professor agricultural engi
neering, University of Minnesota.
2:30—Corn Culture, Prof. J. H. Shep
perd, dean agricultural department.
North Dakota Agricultural college.
3:00—Xlfalfa. Seed Production for
North Dakota, Prof. L. R. Waldron,
superintendent sub-experiment sta
tion, Dickinson.
Evening Session.
7:30—Exhibition drill by A. C. Cadets'
crack squad.
8:00—Soil Physics as a Factor in Crop
Rotation, Prof. J. V. Bopp, associate
editor N. W. Farmstead, Minne
apolis.
8:30—The Country Church as a Factor
in Rural Progress, Rev. J. M. Wal
ters, Fargo, N. D.
9:00—Corn Culture, Prof. P. G. Holden,
superintendent Iowa Farmers' insti
tuted, Ames, la.
WEDNESDAY, JAN. 17.
Morning Session*
9:30—Prixe Grains in New York Land
Show, Prof. M. L. Wilson, Bozem&a,
Mont.
10:00—Construction of Slios and Feed
ing of Silage, Fred W. Merrill, repre
sentatives dairy division, U. 8. de
partment of agriculture, Grafton, N.
D.
10:30—The Feeding Value of Corn
Stover and Corn Fodder, W, B.
Richar ~f, professor animal husband
ry, agricultural college, N. D.
11:00—Co-operation in the Marketing
of Live Stock, W. H. Tomhave, Live
stock specialist, Extension depart
ment, Minnesota college of agricul
ture, St. Paul, Minn.
Afternoon 8ess|«n*
1:30—Live Stock as an' Asset on a
North .Dakota Farm, A. Devine,
Mapleton, N. D.
2:00—Address, H. H. Gross, president
Nationad Soil Fertility league, Chi
cago.
2:30—The Production of Feeders, Capt.
W. S. A. Smith. Sioux City, la.
3:00—Horse Raising as a Sotircs of
Profit on theJT&rm, Thos. F.'Mboney,
J-
.1
4''
i
Afternoon Session.
1:30—Address, Pres. W. J, Black,
president Manitoba A. C., Winnipeg.
2:00—Improving the Status of the
American Farmer, Col. R. A. Wil
kinson, Lake Elmo, Minn.
2:80—The Terminal Grain Markets, J.
M. Anderson, president Equity Co
operative Exchange, Fargo, N. D.
3:00—Co-operation and the Fanner
Pres. F. L. McVey, University, N. D.
Evening Session.
8:00—Annual meeting of N. D. Horti
cultural society in engineering
building, A. C. Special subjects for
discussioh: Small Fruits for the
Northwest, and Ornamental Plant
ing 'AH invited.
FRIDAY, JAN.
Morning Session*
9:30—Fixing Land Values, E. S» XH
Lancey, Valley City, Nt D.
10:00—Labor Saving Apparatus for the
Farm Home, P. V. Collins, editor
Northwestern Agriculturist, Minne
apolis, Minn.'
made, £md he has refused to surrender
the possession of the land.
3. In an action to redeem from a
mortgage in possession, plaintiff is en
titled to an accounting, from such
mortgage of the rents and profits dur
ing tho latter's occupancy of the
premises, and where, for any reason,
such accounting is not or cannot be
made, plaintiff will be permitted, in
lieu thereof, to recover from such mort
gages in possession of the reasonable,
rental value of such premises.
(Syllabus by the court.)
Appeal from the district court of
Towner coujnty, Buttz, Special Judge.
Action to quiet title to &a«L Judg
ment for the defendants^ Plaintiffs
appeal. Reversed.
Robinson & Lemke J.
(E.
Robinson
for appellants.
Fred E. Harris Engerud, Holt &
Frame, for respondents,
Opinion by Bruce, •T
-J
iltti
mm
10:30—Address, Or. Woods, de* n
agricultural college, University
Minnesota.
11:00—The Country Life Problem, A.
E. Chamberlain, development com
missioner G. N. railway.
Afternoon Session.
1:30—Address, G. W. Randlett, direc
tor extension department, North DP.
kota. Agricultural college.
2:00—Human Nutrition. Prof. Jessie
M. Hoover, dean home economics de
partment, A. C.
2:30—New Crop of Corn and Diversi
fied Farming, Chas. C. Connolly.
Devils Lake.
3:00—Relation Between Rotation and
Fungus Diseases of Plants, H. 1,
Bolley, botanist, A. C.
FARM MANAGERS' ASSOCIATION.
To be held at commercial club rooms
Thursday afternoon, Jan. 18.
1:80—Some Problems in the Manage
ment of Large Estates, Chas. R.
Wright & Co., Fergus Falls, Minn.
1:50—Management Under the-Leasing
System, Chas. R. Wright, Ferg\
P'alls, Minn., and Walter R. Ree i.
Anienia, N. D.
2:10—Jfhe Place of Live Stock in Larr~
Holdings in the N. W., J. A. Power
Ellendale Stock farm.
2:30—Can Large Scale Farming 1-
Justified as a Benefit to Society.
Thos. Cooper, secretary Better Farni
ing association, Fargo, N. D.
WOMEN'S DAY PROGRAM,
Thursday Morning.
8:00—Meet at agricultural fe611ag(
armory inspection tour. Livestock
Pet Stock and Poultry.
10:15—Management of the Con
sumptive in the Home, Dr. Van Bs, sit
veterinary building.
11:15—Modern Conveniences for tin
Home, a demonstration. Prof. E. js.
Keene, engineering building.
12:00—Lunch served for out-of-town
women at Ceres hall by domestic
science class—free.
Thursday Aftern««ii.
1:
SO—Music.
The Farm Garden—Mrs. A. A, Dc
vine, Mapleton.
Children on the Farm—Mrs, J.
Getchell, Valley City.
Home Decoration—Mia* Jaoobson
agricultural college.
Music.
Good Roads, From a Woman's View
Pcint—Mrs. Mary Zetterberg, Vailf
City.
Farm Woman Out of Doors—
Mrs. C. F. Amidoo, Fargo.
MINERS HAD A TREE.
It
s a Snowy Christmas Memory Yet
With Old-Timers In Wallaoo.
Spokane Spokesman-Review: Xmt.h
in the Coeur d'Alenes. It is $ snoy v
memory yet to many of the old-timers
scattered over the country from Spo
kane to the Arctic circle and every
where else on earth that produces goM.
Still, there is nothing dreary about if,
for the cabin lights gleamed across tlu
snow, muffled music came from within,
growing Intermittently distinct fin
doors opened, and the man who packt•!
a grudge with a gunplay in it at that
season made himself an outcast from
the splendid Jollity of the time.
It was in the rough but vigorous ar
manly long ago that Wallace decided
1
to celebrate a Christmas that all tlv
country around would come to. Their* i
were not children enough in the can s I
to constitute a school and only n
-were required for that, but this made
no difference with the Christmas prej
araUons.
There were plenty of big boys aiul i
the fact that they were bearded wk.^ i
no drawback. They didn't act lik«
they were bearded In anticipation of a
genuine Christmas tree. Some of them
began to prepare for It a night or two
before, In consequence *f which some
of them missed the final ceremonies.
They had an overgrown variety of
the shack In those days that served tor
*1 general mefeting place, and here is
where the tree was placed. May Ark
wright Hiitton, who then ran a board
ing house In the camp, was elected hs
Santa Claus. Her husband was a loco
motive engineer and she could get u
pass dbwn to Spokane. She bTought
out |600 contributed' by everybody with
which to buy presents for everybody.
A population of 200 persons waited
anxiously to see what would be hung
on the tree for them as a result.
Gritty O'Goudy from up the gulch
madfe a public offer to hammer the
face off any man who insinuated there
was no such thing as Santa Claus, and
the town voted him all the help lie
might need in that enterprise.
A mass of evergreen hid the bar.
boards of the big shack when the Santa
Claus committee went to work. Every
body else was banished under penalty
of having to take to the hills for the
night if they were caught peeking.
When the public was finally admitted
It entered Into as near fairyland a..s
evergreen, lanterns and tinsel coukl
make a big shack, with the huge tree
glowing In the center. It was worth a
year's work in the hills to be there,
when a person had been in the hills
long enough. And most of the folks
present had been there long enough.
The programme began with music,
a violin with organ accompaniment.
On Sundays the same organ did duty
at the Episcopal chapel. There never
was a mining camp without a fiddle.:
in it.
Every time a present came oil ti
tree and went to Its owner the crow-i
cheered. Jim Callan had been sick aru
a suit of clothes came his way. Jixn
McCormlck got a suit of woolen un
derwear and didn't object a bit. Thus
it was, mufflers, mittens, toy dogs, rat
tles, tobacco, cigars, anything the
needy wanted and anything that would
make fun of the prosperous. They
wound it up with a dance in which
more men danced with men than they
did with women. The lattej- were
scarce In those days,
To spread the general rejoicing the
dance adjourned over to Burke, horse
back, in slede and on foot. And there
is where the frOUc ended sharply* A
ybung couple brought their baby girl
because they had no place to leave her,
and this was no tjme to stay at home*
They placed the sleeping little one'oh
a couch, where she lay unnoticed in Its
wraps. Other guests coming in laid
their overcoats and cloaks over the
baby and when the mother came im.
'V.
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I
i
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t,.
Booth No. 1—Fargo Heating ft Pftmbing Co.
Booth No. Z—Denis Fur Co.
Booth No. 3—Chaney-Everhart Co.
Booth No. 4—Wilbur Cigar Co.
Booth No. 5—Frank O. Knerr Dairy Co.
Booth No. 6—Monson Trunk Factory
Booth No. 7—American Gas Machine Co.
Booth No. 8—Shotwell Floral Co.
Booth No. 9—Fargo Milling Co.
Booth No. 10—Union Light, Heat 4k Power Co.
Booth No. 11—Pirie's Cafe & Bakery
Booth No. 12—J. D. Grant & Co.
Booth No. 13, 14—Joseph & Hoenck
Booth No. 15—Kllnsman Furnace Co.
Booth No. 1«—Fargo Foundry Co.
Booth No. 17, 18—Mianchester Blseult Co.
Booth No. 19, 50—J. A. Schlanser
look at her later the little thing had
smothered.
The big, beared boys of a few mo
ments before stood around helplessly
and cried with the stricken parents.
When they got back to Wallace a re
ligious service that was in progress
was unusually well attended. That
baby had been the pride of the camp
and they had lost it In their fun-mak
ing.
Christmas dinner was almost as im
portant a part of the celebration as the
tree. Everything was free and every
body welcome. They had venison and
bear meat, good, substantial' mining
camp coffee and Mtfatfcy er the women
is This Exhibition of Manufactured Prod
i:i ucts By the Manufacturers of Fargo
i|: Will Be One of the Greatest Shows
Ever Held In the City of Fargo
a««l.
It H?
Jk
HCiJi
ft n
The FoSlowing Finn Will Exhibit
it
Co.
Booth No. 21—Bristol & Sweet
Booth No. 22—Fargo Cornice & Ornament Co.
Bopth No. 23—Fargo Ice Cream & Cider Co.
Booth No. 24—Dakota Welding & MTg Co.
Booth No. 25—N. p. Metal Culvert Co,
Booth Xfo.- 8fr—L. C. Trunk po»
Rotierfs Street.
Opposite GfiFflfier Hole!
could bring
dessert.
rre
Boottf fCo. 27—Courier-News Co, ...
Booth No. 28—Fargo Tannery Co.
Booth No. 29—North Dakota Harness Co.
Booth No. 80—Mrs. J. Kopelman
Booth Now 81—Miss Emily Wetzlg
Booth No. 28—Fargo Stamp Works
Booth Now 82—Miss Bertha Owen
Booth No. 84—Fargo Carpet & Rug Cw
Booth No. 85—Fargo Auto & Supply Qt
Booth No. 38—Fargo Marble Granite Works
Booth No. 87—Bijou Candy Mart
Booth No. 88—Kllnsman Furnace Cot
Booth No. 8»-r~Stone Piano Co.
Booths No. 40, 41—McHose & Pardoe
Booth No. 42—Fargo Bottling Works
Booth No. 48—Fargo Forum
Booth NOi 44—North Dakota Grain Door Co.
Booth No. 48—American Bottling Co.
Booth No. 46—G. N. Fuel & Concrete Co.
Booth No. 47—Dakota Sash & Door Factory
Booth No. 48—North Dakota Weaving Co.
Booth No. 49—Knight Printing Co.
Booth No. 50—Albert Lee Gass
together in tha way of
The closing feature of tha ^evening
was entirely characteristic of time
and place. Bishop Ethclbm Talbot,
bishop of the diocese of Wyoming and
Idaho, and well known throughout the
early west the "cowboy bishop,"
delivered a sermon. His announce
ments were stuck Hp around town. The
usher was at the door ready for duty
atad he might have left with
of the artillery in camp if be
cared to.
nufet
i fiad
The enterprising Wshop used to real
ise thousands of (•fn»rs In th»
and England for his was tern work
T4gbt
Booth No, 51—Porte Printing Co.
Ofe
|VIfvl,/V.,Vr,'4'^,
V .:
a
Sa A "J-
exhibiting these pamphlets as proof
a wild and wooly condition. And ti
old-timers still recall him gratefnllj
II»MI LIMN I
Persons troubled with partial pa
alyais are often very much benefit^
by massaging the affected parj
thoroughly when applying charabei
Iain's Liniment This liniment
relieves rheumatic pains. /FAr safe
all dealers.
You can't hold the women dowi
soon they'll be Invading the realm
i
$
•I
T.
itigh finance- A New York woman his
boan spending 821,^00 yearly oft an
i ome of $i».uoo.
1
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