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Bismarck daily tribune. (Bismarck, Dakota [N.D.]) 1881-1916, November 18, 1909, Image 5

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DRUGGIST PERMITS
IN STAGE CENTER
A
QUESTION OP WHO 18 TO I88UE
THE PERMITS IS TO BE
ARGUED.
McMenry County Druggist- Is Not
Satisfied With the New Law—Case
Argued Today.
A: very interesting proceeding will
be brought before the supreme court
this morning by Butler Lamb of
Towner, appearing as attorney for
O. JES Kermott, a druggist of Mc
Henry county. Mr. Kermott made ap
plication to Judge Burr of the dis
trict court for-a druggist's permit un
der the provisions of the statute pass
ed last winter, being Chapter 183 of
the session laws. This statute chang
ed the procedure of securing drug
gist's permits by taking the duty of
issuing the same from the hands of
the county court and placing it in the
district court.
Judge Burr declined to grant the
petition of Mr. Kermott and now
Mr. Lamb brings an application for
mandamus to compel the county
court of McHenry county to assume
jurisdiction of the matter and try
and determine it. By bringing ac
tion in this way Mr. Lamb, of course,
contends that the law of 1909 is un-
Gffison the slaves and legs
prevent creeping
Fits like a glove
Price within the reach of al
See them at
R.L.Best&Co.
For thirty
years we've
made Sincerity
Clothes good
enough to make
good. The rep
utation back of
our label is the best
possible pledge of
the wear ahead of
the suit or overcoat
thatbears.it.
Men who think
they can't be fitted
in ready-modes or
fed that ready-mades
are not fit for them,
find j' r^.:.v.^,v^ -.
the exception^' That's
ivhy an exceptional
shop most be sought
to find them. Extreme
in qualityy notinprice*
took for the Sincerity label.
A book about ctofImfor noOtbtf.
Writ* and «a* ««/or it
ttttlhfttt
constitutional and that the duties of
the district court thereby are null
and void.
The attorney general's office will
present the ease in opposition to Mr.
Lamb and a deelalon of this applica
tion will orobaMy dear up the ques
tion as to whether or not county
courts or district courts are the ones
to whom application should be made
for liquor permits for druggists.
WRE5TUN6 CARNIVA
SCREDWflFORFRL
DOWN8 WILL FACE THE BEST
MAN HE HAS MET IN CITY
OP BISMARCK.
Golden Grain Beft Dray BOy Said to
Be One of the Best In the Busi
ness in the West
TThe wrestling match to be pulled
off at the Bijou Friday evening prom
ises to be the fastest match ever
wittnessed in Bismarck.
The bet is for $50 on the side and
all the gate receipts, and Downs is
to throw the outsider three times in
succession.
There will be a preliminary be
tween Billy Sherrerd of Steele and
McMahon of Mandan.
There have been a number of chal
lenges passed back and forth between
these men and a good bout is looked
for.
The wrestling will start at eight
o'clock sharp so as to allow those
who desire tb take in the dance, to
see the match first There will posi
tively be no delay after eight o'clock.
The referee for the main bout will
be chosen from the audience.
INVESTIGATE those gowns at
WEBB BROTHERS. There are some
very beautiful ones suitable for even
ing wear.
If yon want chocolates, buy Sor
ority. Brand. For sale at Cowan's
A good piano stock always at Paul
B. Johnson's Piano- store on Third
Street. Close prices and easy terms.
CREATIONS BT NSW: ENGLAND'S
BEST SLIPPER MAKERS. Ship
ment just arrived at Webb Brothers'
shoe department.
GEM THEATER
Entire of Vaudeville..
M»GRATH PAGE,
Banjjofsts, in Melodies Prom North
and Sooth.
BYE AMD BYE.
Comedy Sketch Team,
ILLUSTRATED 8ONG
By Mrs. £tnetBauer.
LATES ANIMATED PICTURES.
First Show Starts at 7:80 Sharp.
NORTON CO. COURT
CRIMINAL CALENDAR
GRIST 18 ABOUT FIMI8HED FOR
THE PRESENT TERM—WHEAT
STEALER GUILTY.
Oliver County Man' Shot for peer
—"Farmer's House Blown Up By a
Neighbor Mysteriously Injured.
The criminal calendar in district
court at Mandan is practically com
pleted for the term and the- atten
tion of the court is occupied with
civil business. The case against
Hleronimous Schmidt, charged with
the murder of Ray Ulrich has. gone
over the term. Schmalz, who was
charged with the killing of Ulrich
was acquitted, and the evidence
against Schmidt is not as strong as
against Schmalz, as Schmalz did the
actual shooting. In view of the ac
quittal of Schmalz it is considered
improbable that a conviction can be
obtained in the other case.
A. Papisek was found guilty of pet
ty larceny in the theft of a load of
Jack Downs and the Golden Grain
Belt Dray Boy are on for the main 45 buBhels of wheat, which he was
bout, and there are those who are! charged with having taken from a
of t)he opinion that Downs will have granary and sold in Mandan. Papi
his hands full if he beats the big boy
sek claimed he bought the wheat for
seed and was forced to sell it, but
circumstantial evidence in the case
pointed to his guilt and his story
lacked corroboration, except on the
part of his wife. He will get a jail
sentence.
Frank Jahner was injured while
driving home. There were four
persons with four loads of lumber in
the party, and when three of them
got home, they found Jahner miss
ing. They went back and found him
lying under the wagon, and still alive
but he died later from his injuries
and exposure.
P. P. Lagge was arrested and has
a hearing today charged with blow
ing up a farm house belonging to
one Shanefelt, living south of Leip
zig. The two men had some trouble
over a division of money, and Lagge,
after chasing Shanefelt out of his
house with a gun and over to a
neighbor's, went back and put two.
charges of dynamite under the house
and the explosion practically wreck
ed it. Lagge is said to have had a
bad reputation in Russia before com
ing here, and it may be an effort will
be made to deport him.
Oliver county has had its deer
hunting accident, although the acci
dent happened in Morton county. An
Oliver county farmer named Holer
was hunting deer and was stationed
on top of a haystack, in a clearing,
watching- for a deer. A Mandan
hunter Was following a coyote, and
when he came out into the clearing,
saw something moving on the hay
stack. He says he thought it was
his coyote, and he shot,.at a distance
of some 200 yards^ The victim was
shot through the shoulder, and after
he "was shot, he slid off the haystack
walked over to where the other hun
ter was and told him that he had
shot him. He was taken to his home
where he is in a very serious con
dition and his chances of recovery are
slim.
NO ALIMONY ALLOWED
1 FOR N. D. HUSBANDS
HAQGERT CASE 18 DECIDED
NORTH DAKOTA SUPREME
.•- «.....-$' COURT.,/
1
BY
Unique Case Was Before the Supreme
Court -—Law Provides Payment of
Alimony to Wife Only.
The supremo court has handed
down its decision in the now famous
Haggert divorce case. The case was
one where the husband asked for
alimony- after the granting of a di
vorce, and also wanted suit mony
and counsel fees. The supreme court
decided as follows:
State ex rel. Clause Haggert, vs.
Chas. P. Templeton, Judge of the
District Court.
Alimony, suit money and council
fees cannot be allowed to the hus
band in this state.
Jurisdiction in matters relating to
divorce and alimony is conferred by
statute, and the power of the courts
to deal with such matters must find
support in the statute or it does not
exist
Section 4070, R. C, 1905, which pro
vides .that "the court may, in its dis
cretion, require the husband to pay
as eliiiMHiy any mony necessary to
enable the wife to support 'herself or
her children or to 'prosecute or defend
the action," was intended to be ex
clusive and to embrace the entire
subject matter of allowance of ali
snony, etc., pedent lite.
Syllabw by the court.
(Application for a writ of mandamus
commanding respondent to entertain
jurisdiction for the jwrpoee of heax
«SS and determining an application
by tae husband 'for Idimonyi, suit
money aa* counsel fees, «,„ •'$
Wrlt denied, sf •,
\Qm A. fcangs. for reWwvt
Skulason and Bttrtness, for respond
ent.
Opinion by Fisk, J.
TAM concur. ••rt'---
(SHI «.t Paul B. Johnson's Piano
Store on Third street between Main
and Broadway, if interested- in pia
nos, \..
:,.u
INVBSTIOATB those gowns at
WfijBB BROTHERS.^ There are some
•617: beauUful ones,, suitable for even
ing wear.
V-A» Hi-'' %^Vfe^^J-^'J*S
BISMARCK DAILY TRIBUNE, THURSDAY MORNING, NOVEMWE 18, 1909.
FORMER BISMARCKER
BOOSTS O
DR. MOORE THINK8 I8LE OF THE
PINES IS ABOUT PROPER
PLACE.
Is" Interesting Local Parties In Lo
cating There Fruits of Isle Is
'Great Product.
Dr. W. A. Moore, of St Paul, a
former Bismarck boy, who was with
the old Dan Elsenberg firm twenty
years ago. and who has since that
tilme graduated in dentistry and en
gaged in the practice of his profession
at St Paul, has been in the city for
several days on a vacation trip and
incidentally interesting Bismarck
people in the Isle of Pines.
The Isle of Pines is about sixty
miles south of Cuba and is nearly
due south of Havana. It is about
1.240 square miles in extent and com
prises 800,000. Of recent years a
large amount of the land has been
bought by American investors, and
is being offered for sale in ten and
twenty acre tracts on easy payments.
There is a considerable influx of
Americans to the island, and prom
ises to be still greater interest in the
future.
The climate is said to be delight
ful, reaching not higherr than ninety
degrees in the summer and not lower
than fifty degrees in winter. The
lands offered for sale are put on the
market at $40 an acre, and the cost
of clearing, setting out trees and car
ing for them reaches about $100 an
acre for the first year. After that
the expense grows less, and at the
end of five years grape fruit orchards
are in bearing. The grape fruit bus
iness attracts a good many investors.
The fruit is said to be of a superior
quality an dcommands a high price.
The island is said to be especially
healthful and free from disease. A
good many Americans in moderate
circumstances are buying tracts of
land and building bungalows and
spending their winters in the island.
BOTTINEAU JUDGE
REFUSES PERMITS
CLAIMS APPLICANT MUST BE FA-
MILIAR WITH REQUIRE
MENT8 OF LAW.
Says' Evidence of Physicians Show
Emergencies Where Liquor Is Nee*
Necessary Are Very Rare.
Judge Burr of Bottineau has refus
ed ievjeral druggists' permits asking
for permission to sell liquors on pre
scriptions.
"No.question is raised." sad he(
"as to the fitness of the applicant as
a pharmacist or as a man of good
moral character, but the applicant
has failed to show that he was fam
iliar with either the spirit or the let
ter of the law. and therefore, until
it is shown that the applicant knows
what the intention of the law is, and
that sales made will be made in har
mony with the spirit of the law, and
for the sole purpose intended thereby
I could not under the law grant a
permit. There Is nothing to hinder
the applicant at some future time
from making another application and
producing the required proof, and as
there is nothing preventing the ap
plicant making another application
the denial of the application at this
time' can work no hardship on the
community in view of the fact that
our statute permits a physician's
prescription and administering alco
holic liquors for medical purposes in
emergency cases. It is true he could
not charge for the same, but the tes
timony of physicians in this and in
other communities shows that these
emergency cases are extremely rare}
and that the quantity which would
be administered by the physician is
so small that I have no hesitancy in
believing that no doctor would hes
itate a moment from administering
the same from the fact that he could
not charge the few cents which the
same might cost him. The medical
fraternity has too high and noble a
record for selfsacrifice and devotion
to the interests of patients to believe
that if an emergency case should
arise in this community, whereby a
physician was required to administer
some alcoholic liquor to a patient in
an emergency case the physician
would hesitate a moment because of
the fact that he could not charge for
the same, and in cases other than
emergency cases there is nothing to
prevent a patient sending out and
securing,such quantity-of alcoholic
liquor as may be required for medi
cal purposes. *%. suspension of per
mission to make sales for medical
purposes can therefore, work no
hardships for the time being, and as
the record in the past has not shown
any for mechanical, scientific or sac
ramental purposes there is nothing
to indicate that the community would
be inconvenienced by the denial of
this application."
W#%iy!&i&M0?^%&^$%?%i%
SIBLEY BUTTE NAN
INHALED COA GAS
FOUND DEAD IN A 8HACK BY THE
NEIGHBORS WEDNESDAY
AFTERNOON.
Was Homesteader Stove Pipe Was
Broken and Room Full of Gas at
Time of Discovery.
Neighbors entering the claim shack
of Matt Pruge, a homesteader hold
ing down a claim near Sibley Butte,
found the man stretched on the bed
cold in death. The cause of death
was very apparent as the stove pipe
was broken and part of it was lying
on the floor and the room was filled
with gas when the man was found,
Purge was a young man and was
single, and it is understood that he
had but a short time left until he
could have •proved up on his claim.
He had a good reputation with his
neighbors. So far as known he leaves
no family or near relatives.
DANCING SLIPPERS Webb
Brothers' up-to-cate shoe department
has a new lot of them.
HERD OF ELKS KILLED
A DIG BLACK BEAR
NATURE FAKING STORY COMES
FROM MEDORA AND DICK-
INSON.
Scene of Roosevelt's Ranching Days
Sees Big Hunt—Hunt Was Care
fully Planned By Elks.
The Maltese Cross ranch near Me
dora N. D., until recently the prop
erty of ex-President Roosevelt., was
the scene fthe most gigantic nature
fake last Sunday which has ever
been connected with anything Roose
veltian. A herd of Elks killed a
big black bear within a few hundred
yards of the site upon which the
ex-President erected his cabin when
he came to Medora in the eighties
to go into the cattle raising business.
The bear hunt was apparently
a planned event by the Elks, if not
by the bear, for they came to the
hunt prepared and singing a war cry
about Dickinson Lodge No. 1137. To
add a savor of romance and thrill
of heroism to the event the bear was
turned loose at Medora on Saturday
afternoon at 4 o'clock. During the
night the hunters congregated and at
9 a. m. were on the trail. After sev
eral miles of search the trail was
picked up and lead directly to the
Roosevelt ranch.
Bruin was sighted near the top of
the hill upon which the famous cabin
rested and was shot down by suc
cessive volleys from the huntsmen.
He was declared the property of the
Dickinson lodge and it is rumored
the pelt will be sent to the ex-Pres
ident as a reminder of the days when
he participated actively in similar
hunts after wild game in the Bad
Lands.
Dickinson Elks will carry out the.
nature fake to its utmost by devour-'
ing the bear at their anniversary
celebration December 10.
CREATIONS BY NEW ENGLAND'S
BEST SLIPPER MAKERS. Ship
ment just arrived at Webb Brothers'
shoe department.
PERSONAL.
—J. W. Friddle and wife were in
from McKenzie Wednesday afternoon
and evening to transact business.
—Wells Hutchinson is slowly re
covering from the fever that has con
fined him to his home all fall.
—States Attorney R. N. Stevens is
at his office after an absence while
attending oourt in Morton county.
—Attorney Butler Lamb of Town
er, was in the city Wednesday on
business before the supreme court.
—Mrs. Joseph Leach and daughter
were In the city from McLean coun
ty's capitol Wednesday.
—W. B. Fitzgerald was in the city
Tuesday night on his way home to
Garrison.
—O. A. Madland and wife were in
the city from McKenzte Wednesday
night.
—Alex Logan left Wednesday for a
ten days' visit to Grafton and other
Red River valley points.
—Attorney Oliver Leverson of New
Salem, was doing legal business in
the city Wednesday.
Hot Chocolate—Finney's Fountain.
One piece dresses, very beautiful
line. Alterations made by an expert
NO CHARGE FOR ALTERATIONS
AT WEBB BROTHERS.
Try "Flora-De-Stone" Cigars.
Phone 307-1.
No Is
the Time
«v«
to buy your
LUMBER
for your fall building.
We have ALL that goes with
the Lumber Business:
Quantity
Quality and
Right Prices
and a square deal all the time
Do not fail to call on US
before placing your order.
North Star
LumberCompany
W. E. Gleason, Mgr.
WHAT THEY SAY.
'Secretary: The ladies of the Bap
tist church will meet with Mrs. New
comb this afternoon for work. Be
prompt at 2:30.
Secretary: The Ladies Aid of the
German Evangelical church will meet
this afternoon at 2 o'clock with Miss
Julia Koetzle at the Bismarck hos
pital.
CREATIONS BY NEW ENGLAND'S
BEST SLIPPER MAKERS. Ship
ment just arrived at Webb Brothers'
shoe department.
Hot Chocolate—Finney's Fountain.
On© piece dresses, very beautiful
line. Alterations made by an expert.
NO CHARGE FOR ALTERATIONS
AT WEBB BROTHERS.
Make All
Woodwork New!
A HARDWOOD
FLOOR FOR $2.50
No one has a floor so old, rough or
black but that Chi-Namel Patented
Graining Process in the hands of any
inexperienced person will make it just
like new haid wood, any color, any
grain, any width of board.
Make your old carpets intoragsand
enjoy the luxury of hardwood floors.
If yon desire an no-to-date mission
dining-room, den or sitting-room yon
need not remove the old paint or var
nish,jut apply the Mission Chi-Namel
Graining Process over the old wood
work, furniture, etc.
O Special Offer
We win furnish the foil ring mate
rial necessary for furnish.n{ au ordin
ary stsed floor or the border ot large
room: Can offirUconter (twilar price
fee)-jar graining compound (40c): can
Chi-Namel (90c) Self Grainer, (35c)
threebrasbes (70c), with Instructions
plain that any person, however inex
perienced, can do perfect work. Value
J3. Special Price, $150.
TaxOUeYsrsbaCe* Clisiln.1,0.
Rhobotham's Orchestra
OPEN FOR ALL ENGAGEMENTS
GEO. E MUNGER, Director
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