Bismarck daily tribune. [volume], March 09, 1909, Image 2

About Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916

Image provided by: State Historical Society of North Dakota

                
sL\$
•M,
&
iC-f'M^.5
'M&
mm
„. dsSfS"?*• "-s-
TWO
Jftlj?
&
S-f
'*$f*-':.
OFFICIAL WEATHER REPORT
For Twenty-four Hours Ending
7 p. m., March 8.
.Temperature Maximum 38
minimum 12.
Precipitation 0.
Wind Maximum velocity 15
miles per hour from the south.
Prediction Partly cloudy and
warmer Tuesday.
«8
Of course you will read a good many
more ads than you will answer—and
to decide which you should answer
is to develop the judicial and the
business instinct.
ATTEND THE SOCIAL.
Don't fail to attend the social given
by the Civic league at the Commer
cial club hall, Wednesday, March 10.
ALL INVITED.
Everyone is most cordially invited
to attend the social given by the Civ
ic league at the Commercial Club
hall, Wednesday, March 10.
SPECIAL TALENT.
Special talent has been secured to
entertain Wednesday, March 10, at the
Commercial Club hall, by the Civic
league. You are invited to be there
and bring your friends.
ENJOYABLE DANCE.
The Bismarck orchestra gave a
dance at Patterson's hall Monday
night, and a good number were pres
ent and enjoyed the evening.
BORN.
To Mr. and Mrs. George Gabal, Sun
day morning, March 7, 1909, at their
home on Eleventh street, a son. The
boy is a lusty infant, weighing 13%
pounds.
SERIOUSLY ILL.
Seely Mount is very seriously ser
iously ill with pneumonia at the
Soosession
hotel. He has been sick since last
Tuesday, and was very ill Saturday
and Sunday. He was resting easier
at a late hour last night.
THE OLD WAR HORSE GOES HOME
Representative D. R. Streeter left
for Linton on the south bound flyer
Monday and will attend to his edi
torial duties until the next session
of the legislature. He has completed
his third term of service in the legis
lature. He has been through nineteen
political battles and won seventeen
of them and he looks good for as
many more.
ASSISTED IN TH E MUSIC.
Dr. V. S. W^sner and wife returned
to Larimore Monday afternoon on No.
4. The doctor was a valuable mem
ber of the house delegation from
Grand Forks county. Mrs. Wisner
mad£- many friends among the ladles
.here and kindly assisted in the mu
sic in the Presbyterian church servi
ces during her stay in the city.
REVIVAL AT STEELE.
E. A. Brearley opened a series of
revival meetings at Steele on Sun
day and Rev. G. W. Stewart of Wil
ton, passed through Bismarck Monday
afternoon to join him in the work.
Both these gentlement have finished
a very successful series of meetings
at New Salem. At Steele the meet
ings have been extensively advertis
ed and a big revival of religion is
ilocJtetTfor in that community.
RUFUS HARDY IN TROUBLE.
.'" R. L. Hardy, who started the Bis
marck Drug company In this city and
had trouble In regard to selling liq
nor without a permit, 1s in legal diffi
culties in Watertown, S. D. He or
ganized the Blue Medicine company
there and now one of his stockhold
ers, has begun suit in the Unkfcd
States ^istrict court to place the com-ance
pany In the hands of a receiverl
NOAH'S ATTORNEY QUITS.
I: The law firm of Greenleaf. & Leigh
ton of MJnot, has dissolved and Green
leaf will continue the business. Mr.
Leighton is gojng into promoting the
fcriquitting business, in which he is ers want cream of tarter baking and
interested. He was handling the case (win not use alum substitutes in the
|for Noah, the condemned murderer,, food, if they know it. As the in
$.'||S-In all the proceedings before
M^^^'Sc-'jKJ'V^ipardoning, board.
WI0^^^^%&^YY
LIVED IN PITTSBURG.
Joseph Ganister', who was killed at
I a Bourgois' place Saturday after
^^ttiMMiuoni by -being sawed In pieces by
falling on the circular saw while in
the
P^ffoP^^^
motion, was buried Monday morning.
He had been at Bourgois'. place since
last August, coming there from Mon
tana. He has two sisters living in
Pittsburg, Pa., but he had not writ
ten to them for over a year and there
was nothing among his effects to give
any clue to their address in that
city.
RECOVERING SLOWLY.
E. A. Williams is able to be out
of bed and move about the house
again. He has been confined for some
time to his room with an attack of
sciatic rheumatism.
STATE VS. POOLE CONTINUED
The case of the state vs. Thomas
Poole was called before Justice Fort
Monday morning and was continued
on motion of defendant to Monday,
March 15, as his counsel, Judge Ed
ward Engerud, was not able to be
present. The motion was not resisted
by the state.
A SICK REPRESENTATIVE,
Representative Baker of Dickinson,
was quite sick at the close of the
and was barely able to re
turn home Monday noon. He thought
it best to go, though hardly in a condi
tion to make the trip.
CHANCE TO BUY A POOR FARM.
Auditor I. W. Healy is advertising
for sale the poor farm owned by
Burleigh county, located north of the
city about ten miles. The voters
four years ago, when the matter of
sale of the farm was referred to them,
voted in favor of the sale. The coun
ty commissioners plan to erect a
building near the city and house the
county poor instead of paying rent
and grocery bills continuously. They
think it will check the pressure on the
board for county assistance -if they
have a place where they may be able
to send all the paupers applying for
assistance.
PLEASES THE PEOPLE.
One of the appointments of the
governor that pleases the people of
Bismarck is that of William Breen to
be one of the trustees of the state
penitentiary board. He has been a
farmer in Bu/leigh county for years
and in the last two years has enter
ed the mercantile business in Bis
marck. He is one of the few Demo
crats in Burleigh 'county who has notnight,
swerved from his Democratic prin
ciples and his record on political lines
has been constant. Everyone always
knows where he stands on political
matters. This will be the last board
of trustees to govern the penitentiary
as Che board of control, will go into
effect in 1911. Mr. Breen's friends
are congratulating him on his appoint
ment.
READ TH E LABEL.
Under the pure food laws baking
powder laftels now show the ingred
ients of which the powder Is made.
Those who appreciate the import
of health and good baking of
using a pure cream tarter powder will
read the back of the label carefully
and make sure that the ingredients
mentioned contain cream of tarter.
The food law does not force con
sumers it merely helps them to pro
tect themselves. All good housekeep-
gredients are printed on the back of
the label, all may know the facts..
Good baking powder is one of the
most useful things in the kitchen it.
Is easily obtained at any store the
better it is, the more economical It is
in cooking materials, and the more it
conserves the health of the family.
CAUSE OF COLD8.
Good Advice Regarding the Preven
tion of coughs and Colds.
If people would only properly for
tify and strengthen their system,
about 98 percent of coughs and colds
and penumonia might be ^avoided.
The troubles are simply the result of
weakness, which produces catarr
hal condition of the mucuos membrane
which is an internal skin of the body.
When this skin is weakened, it be
comes infected with germs which are
carried through the system by the
blood. These parasites attack and
break these delicate tissues and set
up a soreness which produce what is
in reality an external scrofula.
The only thing that will cure coughs
and colds and prevent pneumonia is
a medication which is absorbed and
carried by the blood so thajt the dis
eased membrane is disinfected, cleans
ed, soothed and healed. y*f1::
W have a remedy which we hon
estly belleve lnfalliable and unsurpass
able for the prevention of 'couglis,
colds and all catarrhal conditions. It
is the prescription of a fanious phy
sician, who has an enviable reputation
of 30 years of cures gained through
the use of this medicine, -^e prom
ise to either effect a cure||h every
case or meke no charge for ithe medi
cine. We urge everybody" in Bis
marck who has need of such medi
cine to try Rexall Mucu-Tone.
It stands to reason that we could
not afford to make such statements
and jglve ouSr"own personal gfflEfMltea,
to this remedy if we were not abso
lutely positive that we could substan
tiate our claim in every particular,
and we see no reason -why anyone
should hesitate to accept our otter
and try it. We have two sizes of
Rexall Mucu-Tone. Prices 50c andthe
$1.00. Some a 50-cent bottle is suffi
cient for a cure. As a general thing
tlhe most chronic case is cured with
an average of three large bottles. Re
member, the medicine will cost you
nothing if you are not satisfied in
every particular. The Lenhart Drug
Co., First National Bank Building
AT THE GEM
This week starts out with packed
houses at the Gem theater every
and the exceptional vaude
ville bill apparently completely
pleases the most discriminating of
the show going people. 4^
The vaudeville part of the biflLi'fpr
the first end of the week contains
two exceptional numbers, including
that of Bert Turner, "The AufftBftK
bile Freak," in comedy juggUngliJEPS
act is a laughabel one, and contains
all new features. sflfe
The Three Dunbars have a high
class singing, dancing and talking
act that is a clever one, one that can
not even be criticised by the MQgt
critical ones. Ifillf'
The bill for tonight contains an
entire change of .animated picture
subjects, and the Illustrated io»I
will be entitled 'I Want Some One to
Call Me Dearie.'' .•••^- mJM^'1
Mrs. Cook, the pianist, who com
menced her engagement at the 0«
this week, is a musician of note. The
acts for the last two urghts hal$fRe
quired some different parts, and "the
pictures have been also diffcuft- (O
follow, but she has proven beyoald a
doubt that she is equal to the 0cca
sion.'
To ASSUME, without reading
that today's ads. do not inte:
is "snap judgment"
USB TRIBUNE WANT COU
TUESDAY MORNING MARCH IMS.
Filed March 6,
Little, respondent.
%!cUoiit in claim and deliveir to re
cover possession of certain stock
Judgment for defendant.* Evidence
examined and held Insufficient to jus
tify the judgment.
Morgan C. J. and Fisk J. dissent
ing.
Appeal from the district court of
Logan county, E. T. Burke, J.
Action of M. Ella Roberts against
C. B. Little. From a judgment and
order denying anew trial, plaintiff ap
peals,
Reversed.
Chas. H. Stanley, for appellant.
Cochrane and Taylor, for respond
ent.
Opinion by Carmody, J.
Ellsworth J., (concurs in opinion of
Carmody J.
Spalding J., concurs specially.
Hannaford, N. D., and A. O. Ander
son, respondents.
Plaintiff sent to. defendant as its
agent, the following letter of instruc
tions:
"The above indicated policy covers
$2,000 on a grain elevator building,
a class on which our maximum line is
but $500. This policy was written
last July at the authorization of our
Mr. Fox, but at that time we had re
insurance facilities by which we could
reduce our- liability. Now the re-in
surance law of North Dakota does not
permit our re-insuring in any com
panies not admitted in this state, and
unless we cancel this re-insurance,
we will be liable to a fine.. In view
of this fact, we must reqfest that you
relieve us of $1,500 of the liability
under the above policy at the earliest
possible moment, and advise us of
Perhaps the most interesting, cer
tainly the most amusing, basketball
game of the present season was that
played by the teams representing
seniors and the faculty Satur
day evening. The seniors won by
a score of 27 to 18.
The third pupils' recital of the mu
sic conservatory was a decided suc
cess. After the musical program a
number of Gibson picture tableaux
were shown.
Th annual entertainment of the
model school was given before a
large audience In the auditorium
Monday evening.
Dr. W. N Palmer, a well known lo
cal dentist, addressed the physiology
class and a number of visitors re
cently on "Che Care and Preserva
tion of Children's Teeth."
The normal students in.large num
bers attended the concert given by
the Dunbars at the armory under the
auspices of the Valley City Lecture
association.
YOU MAY BE A OOCTOR, LAWYER, MERCHANT OR VWlO* EARNER and know your business welL WE ARE LUMBERMEN and prl«e
ourselves that we know our business welL We have made a I stntfr nf ttfIrtff tjlfirtrtfH ttil rnir lii riMritti ttf infimsstinn that li i.alua
hie to you in building a home. This Information is yo»« far the Just caU at ^or olBce and talk it over with tti. We win help and advise
you on every point ot construction and material, about which may undeTSUad. Do noit
terial from us. All we aslt l»an opportunity to show.you our an^ertel and mata
that* we are giving you the best bargain yon can possibly get-^UALITY aiid PRICE considered
"where as you wO0M: he. isd-y«Wja*ter
Y^m
mmmM
»V O
M. Ella Roberts, appellant, vs. C. B.^uch relief, as we are now carrying
$2,000,, all in the Queen City on the
elevator buiidlrig."
Admission of exhibits A. B. F. and
offered in evidence, by defendant,
held error.
A bether estoppel in claim and de-did
livery, is required to be pleaded, not
decided.
(Syllabus by the court.)
Morgan, C. J., and Fisk J., Mssent-j The proper measure of damages Is
lug. 1 the amount, with interest, which the
plaintiff was obliged t* pay to the in
Queen City Fire* Insurance company, sured'under the policy over and above
appellant, vs. First National Bank of what it would have been obliged to
David Blspham, the celebrated bar
itone, who will sing here in the May
music festival, May 24, has for years
sung in the great festivals in Bir
mingham, Leeds.and Sheffield, Eng.LuSB TRIBUNE WANT COLUMNS
Sag**. $ft®m®3^ ---k
•CENE FROS4 "•*EW»TEH'g MIL- LIONt,"
iii4iigiiiJiiiM^.iif-y'Y~%M.
Defendant admitted receiving said
letter a day or two after its date, Dec.
20, 1905, and the undisputed evidence
is that he neglected to comply with
such instructions and on January 15,
1906, the property covered by the
policy of insurance, was destrdyed by
fire and plaintiff was required to and
discharge its liability under such
policy by paying the sum of $1,752.29,
and this action is to recover damages
for defendant's negligence in disobey
ing such instructions.
Held: That such instructions being
in writing and being clear and specific,
it was defendant's duty, as such agent,
to comply therewith without delay.
The facts not being In dispute, the
question as to defendant's liability
was for the court and not the jury
to determine.
Such instructions were not reason
ably susceptible to the construction
placed upon them by defendant to the
effect that he should relieve the plain
tiff of its liability only at such time
as. he, could place such insurance with
another company.
pay had such instructions been com
plied with/ Thsi, imuss liesal- mth
plied with. This sum is $1,314.92 as
the trial court charged the jury.
(Syllabus by the court)
Appeal from the district court
Griggs county. Hon. Edward T. Burke
Judge.
Action by Queen City Fire Insur
ance company against First National
Bank of Hannaford, North Dakota,
and A. C\ Anderson. From a judgment
in defendant's favor and from an or
der denying plaintiff's motion for
judgment notwithstanding the verdict
for a new trial plaintiff apeals.
Reversed.
S. L. Glaspell, R. G. McFarland and
U. S. G. Cherry, for appellant
R. M. Pollock for respondent. 7
Opinion by Fisk J. '.'
,.,AU concur.
It is said- that no other living singer
is capable of such varied oi work In
opera, oratorio and song recital as
Mr. Blspham.'
Miss Emma Scott, of the senior
class, read an interesting paper on
"School Sanitation" In chapel Thurs
day. The article will appear later in
the Bulletin.
The elocution classes have been
studying the poems of J. W. Foley,
the Bismarck poet
Dr. Zimmerman, a local physician,
addressed the Toting Men's Chris
tian association Sunday. .'•%"'
In the basketball season just clos
ed, our iboys, in sixteen games, have
scored 436 points against their oppo
nents' 300 our girls, inxten games,
have game 241 points against their
opponents* 45, proving without a
doubt (heir right to the stats sham
plon-Mr
BINDING OF BILLS
For the convenience of the mem*
hers the pages are busy just now In
having the senate and house bills
bound in convenient form tor
handling. Files given to the pages
one day can be bound and returned
for the session of the next day.
•Y-,:1^0fmM
'Y'YY-^XM^W^
ISORVHIOMlr"^
A Good Pointer
to the man whe isn't acquainted with an
arthtle tailor who can' give Mat the
"recherche" atyle and awell appear
anee sought by many whodon'tknow where
tofindthem. Come to our rooms and ex.
amine our handsome styles in new fabrics,
and have a suit madetoryonr own indi
vldaal form at the b.^Y: '^•c-A.-v-i
O. KAISKR, :MJE Kp£
Phone 293. Flit* Street. Btaasarck. N. O.
If you find and answer half of the
ads. that have a real persona im
portance for you, you win/p?«*p*r.
Tuesday, March 9
In Frederic Thompson's Production of
.Wimchell Smith and Byron Ong
ley's Dramatisation of George
Barr McCutcheon?s Cele
brated 8l^:'-:.:--LJ^34
:3&%0* ••.' W^M^M $£'•-
AND A SUPERIOR COMPANY OF
PLAYERS
CV
:6slkie.#teKir -.m3s
'••-a,'-•:-• .^^Avfi^'^j.
••''•'-.'..' -"""fy-w*
7 S a I S O
SEAT* AT KNOWLE8 A HANEY^g
iHcorporated Wi
T. C. POWEB, Helena, Moii^,'
.,. :',. President, ^pp^i
I. P. BAKEB, Vice:Pre8p^
•v. G.'H. Ru8s, JB., Casbier^y
30,000.00
'j^s^K-ate^-iW'Wi'-.''
ISMH
:^i
&
Brightest Wittiest, Smartest Comedy
of Recent Years. Teeming With
Originality, Sparkling With
•»viif,..
i5
•th