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Bismarck daily tribune. (Bismarck, Dakota [N.D.]) 1881-1916, June 20, 1909, Image 4

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85042242/1909-06-20/ed-1/seq-4/

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IfottMCf tMHU.
Every Morning Except Monday tad W*eklj
Publication Office:
^ftwwttwf^fe. Ufa} °lde*
Telephone—Business Office, 88 Editorial and
Local, 13:
.'. Subscription Rates:
Daily bricarrier 50 cents a month
S by roan $1-50 J**,**?
',- No attention paid to anonysjous
tions. Writer's name must be known.to tne
oditor. but not necessarily for publication.
La Coste & Maxwell, 140 Kassaa Street,
New York. North Star Daily Press Asso
Sation, Germania Building, St. Paul, Minn.,
for business in Minnesota, Wisconsin and
South Dakota. ...
Manuscripts offered for publication, wtll De
returned if unavailable. Communications tor
•he Weekly Tribune should reach this offtce
yn Wednesday of each week to Insure oub
Ucation in the current issue.
Correspondents wanted in every city, town
and precinct in the western part of the state.
AH papers are continued until an explicit
oiuer to discontinue is received, and until all
arrearages are paid.
Entered as second-claw matter.
The opinion of the supreme court
in what is known as the Fargo bond
case was handed down Saturday.
The decision of the court was ren
dered some time ago, holding that
the bonds were not properly author
ized and were illegal. The court,
from the opinion handed down, a
syllabus of which appears in another
column, passed upon a number of
questions raised with reference to
the bonds, which ought to clear the
atmosphere as to the power of cities
to anthorize such indebtedness and,
how the power must be exercised. In'
the case in question, the court holds
that as the bonds were to be in the
sum of $100,000 "or so much thereof
as should be necessary,*' the terms
of the authorization were, indefinite
and did not specify any certain sum
of bonds. The matter was not so
dearly and definitely submitted Jo
the voters that they could make no
mistake as to what they w«e voting
upon and how far the debt of tn«
city was to be increased., The con
joining of a waterworks plant and
.electric/light system the court also
finds to have been a double-headed
proposition, and not such as contem
plated by the constitution and laws
4rf the state. Here too the voter
might have been deprived of his right
to vote for a single distinct propo
sition—he might have desired to
i^^^^SSf:0 ^iotefor a water system and not for
^j-y^-w^misyB^?: -.8*
|a light plant or vice.versa, an yet
tinder the manner in which the7mat
ter was submitted he could not have
done sov The court states, however,
that in actions brought before the
actual issue and salt of bonds to
their legality, the law will
strictly construed than after
le an* sale* Court, usually
kUd, where they here been
lithe froeeeds of Jhemi ap
the purposes Intended,
erwise, technicalities might de
their final payment, and result
repudiation of just obligations,
is well in this case .that the mat
ter came up to the court for decision,
is likely the bond matter will be
ubmltted again to the people, but it
rill have to be in a different form
afford every voter a clear oppor
mlty to vote upon a single distinct
-£"$• I 4,
ThW-^persons -'who hire been
iarmed lest there should "be too
Ittle "good growing weather,"
ihould be eminently satisfied with
lie thermometer's performances in
lie past two days. Although the
leat has not approached some of
lie record temperatures, coming sud
ily after a considerable p«Tiod of
1 weather and finding the air and
oil saturated to a greater extent
in usual with moisture the sensi
ble temperature has been higher than
previous occasions when the tber
lometer has registered six to ten
rees higher. Fortunately for the
»mfort of residents of this section
the northwest, delightful and cool
spiring up after hot days and
4ad In kmfort so the
rerer from heat in toe 4»y time
refreshed and strengtneie^ at
The mosa%*». FhWh are
acconn«lnmenf «»f4«t and damp
rable addiUoa'{o th»'s»t 4«y» but
u*ially n^aid.plenty
soil, ttjoistur. anr^nia^aentl^
le prospect of good crop*. \tejM%
reen light crops' s^, good
i^ to-pnVup with thi
ersed by the 'upper Missouri river
taeke a proper interest in this mat
ter of improvement of waterways.
There should be a large attendance at
the Yankton cohgejss and- its delibe
rations should create intelligent in
terest in this matter of permanent
improvement of the Missouri. It is
likely that delegates from Bismarck
and Pierre will make the trip to
Tankton by boat and this should lend
to the interest of the delegates.
While passenger business up the river
as a matter of permanent traffic is
a thing of the past, yet freight trans
poration is to be considered as en
tirely feasible and profitable with
the proper improvement of stream.
The Medford Oregonian of May
19th says that "H. H. Lampman, a
veteran North Dakota journalist,
who has been visiting the valley the
past week has purchased the J. O.
Walker homestead near Asbestos,
and will retire from journalism to
enjoy the delights of farming in
southern Oregon, thereby becoming
the envy of his brother newspaper
men. There is between 2,000,000 and
3,000,000 feet of standing timber on
the place, five acres of orchards and
a considerable acreage of grain and
alfalfa. Here, surrounded by the
myriad charms that nature is so
lavish with in this region, with the
best of hunting and fishing at his
dopr, the editor will retire from the
feverish battle of newspapers and.
the rattle and bang and whir oi
printing machinery, to lead the sim
ple and sensible life.
Twenty Place Band and Every Mem
ber a Musician—Will Give Weekly
Ceneefts for the Summer.
:. Now that Bismarck has one of the
best -bands in the state and has ar
ranged to have concerts weekly there
is a move on foot to raise the neces
sary money to at least partially re
pay the boys for their time and ef
The boys nave devoted much time
to their rehearsals, have secured a
fine lot of uniforms and are taking
great Interest in their work under the
efficient direction of Prof. Peck.
There area great many advantages
that accrue to the city by the main]
tanence of a good city band and
will be ran advertisement for Blsmarcli
that will be. state wide. Hundreds of
men, women and children enjoyed the
concert given at the court house
grounds Fridav night and as this Is
about. the only outdoor amr.sement
here -it is a matter that should re
ceive ~the support, of the people.
^Tfcaiiinatter «f financial snpport has
been undertaken by the Commercill
club and they have «ircnlated a sub
scription Mst and up to the present
time fiaje been very successful In
cnrinpr signers, but there is stHl con
sMerable needei to keen the concerts
gomg for the entire warm season.
The cost of the concerts will be onty
$350 said this* all the «*upport *\\i&
is asked by the band. A wmmittejp
now has the matter in %and and every
one should be prepared to dig and dig
deep when the roper askine for the
necessary cash is shoved under their
.« Filed June .19, 1fi0*i.-:
Anhie* Wlhte^eM vformerp^ ni.
Ryckmah, suing for the use and
benefit: of Geo. W. Lynn, responl
d^nt, v. Johannes Van de Vorstel
1. An executor may sell aid aM
sign a sheriff's certificate of fore|
closure held by him as executor, a
a sale legally and regularly so a dl
conveys all the interest therein of
the devisees, under the will of which
he is. executor. •$
2. A proceeding for the fOTecIost
ure by advertisement of a real estate
mortgage was commenced in the
name of the mortagee by her att
torneys. While the advertisement
was running the mortagee died. A$
the sale the land was bid in by th#
attorneys and the sheriff's certlllc*
of sale Issued- in the name of th
mortage^.,tlufth certificate wast«u
seduent^ assigned *hy the execrnt
for a Valuable consideration
4an*i^fiae papers and record^ liT t.
foreclosure proceeding disclose nod
feet therein. The mortagor
wemiAs ..on
est,liases' 5w pvtnwpaf,norit
CMtne^on with the an^onnw:
the second navlsatlan con
ttf be held at TankUih early
Ja^ and the sUtement
a of «itt
bordering or trav-
qule#«f^ereip\ Indln ten tlt^
poesesskm of the appellant for yea
Held:. That a party who, for
nomlnir consideration, and by, nisi
representation, secures quit claiil
deeds from the devisees under the
wlll of the mortgagee after the final
"account of the executor had. been
approved and the proceeds of tl
sale of the certificate had been
triboted to: and' accepted fey su
devisees, who, when executing __
deeds claimed no Interest In or ti
teo the real estate in question.
ftQItte^Ay .s||enAeMwaJ^n*^i^^::•,?.•^f..
H»l4, farther, foHowlng th* ao
thorlty of HIgbee f, Daeley, et afe,
16 W. B. 339, thai such- party, by
deed front the original mortagor, oi-
talned for a nominal consideration
and through misrepresentation of
the condition of the title to the
premises attempted to be conveyed,
acquired no title which a court of
equity will protect..
(Syllabus by the court.) •&•:
Appeal from district court, Bm
mons county Winchester, J:
From an order quieting title in
respondent, appellant appeals.
Beversfd. --r--'^
H. Aj Armstrong and John H.
perry, for appellant
Oeorgf.fW. Lynn, for respondent.
Qplaien by Spaldidg, J. All eon'
%qr. ^aforgaa, J. J., not partidpalw
It is characteristic of this new and expansive
countiy that it should number among its distin
guished citizens a man who at the age of fprtyr
seven can point to a professional career which in
cludes eight years' service on the supreme bench
of the state and who now, in the amplitude ot
his powers, ripened by an experience that is
rarely ^the portion of a lawyer until he has ap
proached the sere and yellow-period of life, is
engaged in a practice that is both large and lu
crative. ,The Hon. Newton C. Young, of Fargo,
holds this unique position in North Dakota. Of
commanding ability in his profession. Judge
Young was called to the supreme bench when he
was thirty-six. .He served fpr eight years and
left the bench to take up practice and earn that
income ?w?iich, unhappily is denied the Jurist,
*—iiL:ii3llli«xalted hi^ Jearamg^nd attainiijients,
while %:is onthe a
the Scotch-Irish Mood which has made itself felt
so effectively" in the public: life in America. He
was equipped for lib cafeer of distinction by a
superior education, 'th usual course1 in the
schools being followed by studied at the Iowa
City Academy from which he was graduated in
1882. He topic his A. B. degree in the Univer
sity of Iowij^-^^^iL.:^^/i.^f\a^ and
was given the degree of Master of Arts in 1890.
On the cor^pletion of' his reading for his law
degree in 1887 he came to Dakota and went into
practice at Bathgate. He was at once successful
and, the thoroughness of his educationali foun
dation being reinforced by practice^ shortly be-
The annual low by lightning of
pastured stock Is large. This lost
cin In a Urge measure be lessened
thr grounding the, fence wires. It W
nearly always observed that stock
kilted by lightning in.a pasture were
bunchedjlp in.one^ corner' of the
fence.•:'•'• •:,»• animals drift with the
storm until they reach the fence.
!H0fe they stand close together and
When lightning strikes a wire it nat
uaral|y follows th«f line of leaiC" re
sflitanee and rahs along the fence
often Wj^geve^ animal in. jae^na^^if-«i^to.jmr count:
the wh-e* are properly
Irounded the electric current is car-'
|led down Into ttie ground before
||. travels far on the line wire, .The,
Ittual way to ground a^Mtslvre ^ence
|9 to take a number nine smooth
w^e, say six feet or more long and
Iprce vne&end 4nt«i the^ground close
to the post and tightly'staple it
each l»e wire.
Now iir course of compilation will big thrmost 'imjptt$tit$^wx
contribution to Historical Literature ever essayed in thisf
state. It will be at once a chronological record and a His
tory of our times, the latter told in brief biographical|s^ipi
sketches of the men now Hying who haye been, JM^^^f^"*
are, eminent as makers of History. .. •, \^Ui:^^i^^^$
Specimen Page from tlie 13iographi^
of Cleveland, at the breaking out of the Civil
War, ami chaplain, with the rank of captain, of
the Second Regiment, Dakota TerritoriuV
National Guard, of which Col. Sheafe, of Elk
Point, was the commanding officer, and it is the
hope of his fellow citizens that'he will live long
to exercise that spirit for the public^ good.
it 4 to S and Joanna E. wmrV^'^^^^^r^^^P- Clarke. This ,.,.,r.,._.,
iams Young, January «8f 1862. He h^d i# m^
union of the arts with philosophy should aqdjfl
from it there have proceeded three children:!^- '^@fe
-, The History will :^|ifsfl^im
pagfes. Illwill be handsomely printed lit bc^ |iewi^pef
and illustrated with steel engravings and copper plate
portraits and pictures and ^ilfcl^
and the expensive character of the physical work pre-«
eludes the possibility of the printing of:|iSi^iiijp|^
dered inlldvance*^ The: wcM-l#Swill ::be' isiu^
bered ^copi|s:f6r -subscribe
f-At I^^more goferameat efepert
u* ,?J^^tit^^^^'
|als siand. A road^t^een BBsdw
Me ami a ksU islles long,ia ons of
fe«Pspots In the ooun^y *wet
sloaglk had«be«n SUed up and fcnve
foot grade had been made eight
Itches of grcvel had been spread n*
canie an important figure in Pembina County
public life and politics. He was county attorney
of Pembina county from 1892 to 1896. In 1898:
he was nominated to succeed Judge Guy C. H.,
Corliss on the supreme court bench and when the
latter resigned Judge Young was appointed,
for the unexpired term. The appointment was
followed by an election that same fall for the six,
year term. In 1904 he was nominated and re
elected for another six year term without oppo
sition, and served until August 15,1906, when he
resigned to return to practice. His learning inf
the law, his knowledge of practice, and the nat
ural endowment of a judicial mind, made him a
just, courageous and impartial judge whpse o^iri-|
ions are held to be fine examples of the written
law. Not being a rich man and having a farriUjp
to which he felt he owed his ttuty, he was coin--.
pelled to forego his inclination for the bench and
Tesume the practice of law. "1
It has naturally followed that Judge Young
should come into a large practice, for he is now
in^the height of his powers, his knowledge ofK
the law enhanced by his service on the bench
Hind he is today enjoying the reward he denied
piimself in the service of the state as a supreme^
••'court justice^- .^ ^:^.^: ..,'•., )y\ .^J-±J ''.. .' .::•::
•i' »4»
Laura B?„» Hoirace C':J.and Dorothea• P..•
.t.o iivTbeOesn^ Brolne^ ramous Shows
The ground wire. United, which have achieved world
.bevdeer^noughrlntef the soil #!«•fane as Americas greatest-tratsh
to be in contact with permanent mdis- ed animal exhibition, will visit Bis
ture as it'fi then a mticVbetter con-t*0««»'iJsnss^^ w**s| U»^^dl»av
'*"'i:imiNi' l)een.'"nlwi
most esith
They should be placed at Intervals
eight «r ten rods ''and-possibly
"neaBt)the,fenee -as»nsrsj^f^#s
Was noi,jeiessaryVto maintain good
roads." The advanUges of the King
drag Were shown. The g^erament
rp«d fund to warrant it, free of
«raa4er and gi«ater than ever
Bare^ ssrvtlung from the teat
among the little folks of
When .the story pi North Dakota is told there
will be found written in lettere of gold (on 'the^^«^i^-.--^^,^-a.,--
parchment of fame the names and works,,:
^bsei 'ministere'of
buted more than any other one class of men tbl
the development in this state of a condition ofi
society and morals which constitute .'It Oas -a||:^||ii|i|SSSi| '..-'
Christian community. To th«'pi^- zeal-xrf-the^^|^pK^^:'-
construct and nfaintaln permanent
good roads. The convention adopted
resolutions looking to legislation to
bring about the changes desired In
road making and road repairing.
TW Sale Ohstsirs. 3
•rent-Am I to unds
is SOSM ldlotte
Lord Blllarle?
rm. is iv it
Try Tribune Want Celumne,
1 will give ou ss good
•flkds Of jobbing promptty. Xs«
etweea 11 and o'clock, and
.: VK»
t. :M
•fc:. -':i

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