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The Pioneer Abstract Office of the County Abstracts VUgfSSSt & «?««2 Bond of $10,000 filed In the office of the County Auditor. THE MINISTER AND HIS CONGRE GATION Sunday morning at the Methodist Episcopal church, Rev. Magin will speak on the theme, "The Minister and His Congregation." There will be special music. Everyone is wel come. ARE PROVING UP There are many applications from homesteaders to make final proof. About forty applications a day are re ceived at the local land office, which is going some. WORK DELAYED The brick work on the fourth story of the Grand Pacific hotel is being delayed, as the window frames have not arrived. The plumbers and steam fitters are at work and yesterday the cement floors on the lower floors were being laid. THE MIXER HAS ARRIVED The mixer for the new hotel build ing of E. G. Patterson has arrived and is set up. The lumber is coming in for the frame work, and in a few days work will begin on the concrete foundation. ROURKE ALSO CAME Pat Rourke came up from Lisbon yesterday to file his petition as a can didate for a seat on the supreme bench. He thought he would find out what all the talk meant about the law being unconstitutional. He went home satisfied. FILED HIS PETITION Judge Kneeshaw was in the city yesterday and brought his petition for his supreme court candidacy. The judge is meeting with much encour agement throughout the state. GETTING HINTS Frank Thompson, Otto Schulz and Martin Holton were down from Wash burn last night, getting hints on city improvements. They looked over the city in company with Engineer At kinson. ENTERS ON BUSINESS Paul Brown has purchased the grocery stock of S. D. Rohrer and will open up a fine line in addition to what he has purcahsed. Paul is well known in the city and has many friends, who will no doubt liberally patronize him. He will be found at the Rohrer building on Fifth street. A BIG DAY This afternoon the Twilight club of Francis township will hold a pic nic near Schoolhouse No. 2, in honor of Governor Burke, who will address the farmers present along conserva- I »^|5|Mi)Sy#aB»a*a»»»ay##*a»^S^^^«»#^^ References Bismarck Bank First National Bank P. E. BYRNE Official Abstracter of titles for Burleigh County THE CITY BISMARCK, N. D. Taxes Paid for Non-residents Byrne's Abstract Reports issued twice a week, contain the current real estate transfers of the county. Any County Official of Burleigh County Bismarck, N. O. tion lines. Deputy State Superintendent Tay lor will also address the people pres ent along educational lines. POLITICAL NOTE Wahpeton Globe: Judge Dow wants us to say that he has received a waste paper basketfull of insurgent republican literature which he be lieves is about the rottenest stuff he has received in his fifty-two years of voting experience. GOES TO INDIANA Dr. S. A. Danford of Bismarck de livers the commencement address at Taylor university in Indiana next Tuesday. Dr. Danford expects to induce some young preachers to come to North Dakota to work in Methodist fields. ALSO A CANDIDAT7. Attorney Charles M. Cooley or Grand Forks, was an arival in the city last night to file his petition to day. He is one of the candidates for a seat on the supreme court bench. FLICKERTAILS WIN. The Flickertails and St. Mary's base ball teams clashed again yesterday afternoon and the former team was victorious to the tune of 6 to 3. Grace and Baker were the main stays for the Flickertails and the opposing team were able to gather in no hits from the delivery of Grace. Horner, Bur bage and Moylan were at the points for the St. Mary's team. Go See Busch for Shoes PERSONAL. Colonel S. L. Nichols was over from Mandan yesterday. M. A. Baldwin of Fargo, was in the city over night on his way to Gar rison. J. D. McCusker of Braddock, was in the city yesterday. Judge W. J. Kneeshaw of Pembina was among the visitors in Bismarck yesterday, to file his petition as a candidate for the supreme bench. Judge Carmody went to Fargo and Hillsboro for a few days on No. 8 Friday afternoon. Mrs. E. A. Hull of Driscoll was a visitor in the city over night. Supt. Burt was up from Jamestown looking after N. P. matters. CHURCH SOCIAL The young ladies of St. Mary's church will give a social Monday afternoon and evening. The Ladies' Altar society will have a sale of fancy articles. Everybody is invited. THE BISMARCK EMPLOYMENT AGENCY Will find the help you want, or the position you desire. Over First Na tional Bank. Phone 270. "THE DAYLIGHT STORE" The "AMERICAN BOY" Outing Shoe The best boys shoe made for every-day hot weather wear. Light weight, easy, cool, flexible like a glove. Soles as tough as rawhide. The upper leather is genuine Menz "Ease" process of tan nage always soft and pliable. $ 2. & 2.50 according to size Same in mens, called Menz "Ease" $3 and $3.50 Our store is open Wednesday and Saturday nights Closed all other nights at 6:30 The "Clever Clothes" Store S. E. BERGESON & SON Real Estate and Investments FARM LOANS IN MISSOURI SLOPE COUNTRY SOLICITED W D. O W E N S Tribune Bldg., Bismarck. I. MMUN r. J. MMM Hangar T. J. •OMAN BISMARCK ELECTRIC CO. E a W in a S I S A N Phone 489 I0t Third Street Robert Cochrane, respondent, vs. The National Elevator Co., appellant. 1. In an action to recover for a*LOST alleged conversion of certain grain claimed to have been delivered by plaintiff to defendant Elevator Co., evidence as to the delivery of suctt grain examined and held both com petent and sufficient to establish the quantity of grain so delivered. 2. Evidence as to the highest mark et value of the grain between the date of the alleged conversion and the date of the trial, examined and held both competent and amply sufficient to sup port the verdict. 3. Certain assignments predicated upon rulings of the trial court re lating to offered testimony as to the system and manner of transacting business adopted by defendant in its elevator at Grand Harbor, held with out merit. Furthermore, the rulings thus complained of were not expected to and cannot be noticed. Held, fur ther, that the appellant's assumption that it was not permitted to show payment for this grain is not justified by the record—the exact reverse be ing true—but on the contrary no com petent evidence was offered to prove such payment. 4. The issues being as to whether plaintiff delivered the grain to defend ant as alleged, and if so, whether de fendant has paid plaintiff for the same the trial court properly excluded of fered testimony relative to private in structions given by defendant to its local agent, and not communicated to plaintiff, regarding the receipt of thecal grain at its elevator, and also evi dence tending to show violations of such instructions. 5. Plaintiff was permitted over ob jection to show the custom and usevealed age at Grand Harbor in receiving grain in defendant's elevator and is suing the tickets therefor at a later date, held non-prejudicial. 6. Defendant offered in evidence solely for the purpose of comparison oi handwritings, a certain exhibit ad mittedly bearing to aid the jury in determining the disputed question of fact as to whether certain other ex habits purporting to bear plaintiff's signature to receipts for the payment of this identical grain were his gen ii ne signatures or mere forgeries. The trial court exclude^ such offered ex hibit. |4*|S|SJ Held, that such ruling Was errone oue but non-prejudicial for reasons stated in the opinion. 7. Irrelevant papers are not ad missible in evidence for the sole pur pose of furnishing a standard of com parison but exceptions to this rule are made in those cases where the papers offered are conceded by thement opposite party to be genuine, or arespeak such as he is estopped to deny, or where for other reasons no collateral issues can be raised, by their introduc tion. 8. The trial court instructed the jury that the conversion took place, if at all, on September 25th. No ex-secret ception was taken thereto and the cor rection of such instruction was in nothe manner challenged in the trial court. It therefore became, and is the law of the case. In view of this, appel lant's contention in this court that the conversion took place during the lat ter part of October and that there is no evidence showing the highest mark et value or any value of grain after such date, is untenable. Syllabus by the court. Appeal from the district court of Ramsey county, John P. Cowan, J. Action by Robert Cochrane against the National Elevator Co., for the con version of certain grain. Prom a judgment in plaintiff's fav or and an order denying defendant's motion for a new trial, defendant ap peals. Affirmed. Van Derlip & Lum (Guy C. Corliss, o" counsel), for appellant. Burke, Middaugh & Cuthbert, for re spondent. Opinion of the court by Fisk, J., all concurring. Ellen Cline, respondent, vs. Margaret Duffy, appellant. 1. An application to vacate a de fault judgment or order not based up on irregularities of procedure, but ex clusively upon the statutory grounds of "mistake, inadvertance, surprise or excusable neglect," of the moving party is an appeal to the favor and not in the nature of an application based upon a strict legal right. Such an application invokes the sound judi cial discretion of the court to which it is addressed and the supreme court will not reverse the lower court's rul ing except where it clearly appears that the trial court abused the discre tion vested in it by the statute. 2. Following the rule announced by this court in Keeney v. City of Fargo, 14 N. D. 419, held, that trial courts have a wide discretion relating to granting or withholding relief on such applications, which will not be disturbed except for an abuse of such discretion. 3. Persons applying for relief from default judgments upon the ground of "mistake, inadvertence, surprise, or excusable neglect" have the burden of showing diligence and unless it is shown affirmatively the court will not ordinarily exercise its discretion in their favor. The applicant must not only show facts excusing the default on his part and that he has a merit orious defense, but he must also show proper diligence in prosecuting his remedy. He must make his applica tion with due diligence after receiving notice or knowledge of the default. 4. Appellant's contentions that the complaint is insufficient, the damages assessed in the judgment excessive, and the judgment void for lack of jurisdiction in the court to render tn« same, are for reasons stated in the opinion, held untenable. Syllabus by the court. Appeal from the district court of Ramsey county, Cowan J. Appeal from an order refusing to vacate a judgment by default. Affirmed. Flynn & Traynor, for appellant. Burke Middaugh and Cuthbert, for BISMARCK DAILY TRIBUNE respondent. Opinion of the court by Fisk, J., Morgan, C. J., and Spalding J., con curring1. HIS LIFE IK TRYING TO MAJOLVER CHEMIST ANDSURGEON CLAIMS HE CAN MANUFACTURE FROM BASE METALS SUCCUMBED TO THE FUMES DISCOVERY WILL REVOLUTION- IZE THE WORLD, SAYS THE INVENTOR Secret Has Been Maintained for Four Years on Account of the Difficulty of Realizing in a Commercial Way —Every Teat Hat §hown that it is Marketable ai Pure Silver. Scranton, Pa., May 26—Special.— The secret of the mysterious chemi experiment which resulted in thethe death of C. C. Dickinson, former president of the Carnegie Trust com pany of New York, in a hospital in that city Tuesday morning, was re-other yesterday by Dr. F. W. Lange. Dr. Lange is a local chemist and physician, who asserts he has dis covered the long sought for secret process of transmuting base metals into gold and silver. It was in Dr.to Lange's laboratory here that Mr. Dickinson was overcome by the acid fumes which later resulted in his death. Dr. Lange says Mr. Dickinson, when he saw before him base metals being transmuted into silver, became over-enthusiastic at the success of the experiment, and leaving the seat he had been instructed to sit in, stepped close to a furnace heated to 4,000 degrees and inhaled the deadly gases. Mr. Dickinson was about to back Dr. Lange's discovery with all his re-times sources when he died. During the capitalist's illness, Dr. Lange, in accordance with an agree with Mr. Dickinson, refused to of the experiments. Yester day Dr. Lange said: "Four years ago while experiment ing with a process for the reduction of the cost of making silver chlorides which are used in dry cell electric batteries, I ran across a wonderful a secret that has been sought for ages and which will revolutionize electrical industry and the photo graphing process. "This secret is so far-reaching in its effect that it will revolutionize the world. I discovered the means of increasing an atom of pure silver to 100 times its size and weight and equal if not greater fineness. "For four years I carried this se cret," continued Dr. Lange. "It was so great and so wonderful that I did not dare believe it myself. Night and day for years I demonstrated over and over again in my laboratory the wonderful process. I spent thou sands of dollars in equipping my lab oratory. I took base metals of four different kinds and successfully transmuted them, in proportions of one part silver and 99 parts of base FOR Good Shoes AND Shoe 1 Repairing 60 SEE •Cull jl U8E ALLEN'8 F00T-EA8E, TheantiaBptlepowdartobeahakanintotheahoea. If you haretired, aching feet, try Allen'aFoot-Kaae. It reeta the feet and makea new or tight ahoee easy. Cure* aching, swollen, hot, aweatingTeet. Relievea corna and bunion* of all pain and give* rest and comfort. Always DM tt to Break In Mew shoes. Try it to-day. Sold everywhere, 88 eta. Don't aeoept any mbttUuU. For FHEK trial package. addreaa Allen & Olmsted, Roy, N. metal, into silver of the utmost pur ity." Dr. Lange, in his statement, dis cusses the fear he felt that perhaps he was misguided by over-enthusi asm for his process of transmutation. Finally a year ago he decided to send some of the manufactured silver to expert chemical analysts in the bigBeatse, centers for analyses and tests. "I sent it to New York, to Phila delphia, to Boston, and Chicago," he said, "and in every case received the report of the assayists on the sub stance assayed was true silver. I sent it to the analysts and the as sayists of the big silver dealing houses of the country, and from them came the assay that the substance stood every test for silver and show ed traces, well defined in each in stance, of gold. "Finally, within the last year, I sent a quantity of the transmuted metals to the United States mint. It came back with the report that it waB true silver. Again I sent an other quantity, made at a different time, to the mint. That, too, came back, the assayists declaring in their report that the substance was silver of a high grade. For the third time I sent another quantity to the United State mint. Again the report that substance was pure silver. In none of the United States mint re ports did the assayers even hint in their reports that the substance was than pure silver as it is found in its virgin or elemental state." Dr. Lange withheld for commercial reasons, he said, the quanalty and proportions of the meals he used in his transmutation of the base metals the precious. Discussing the nature of the experi ments, he said: "My first tests were with the silver chlorides. Through them I believed lay the path to the secret. For months I tested and tested. Finally one day I subjected a matrix of sil ver to a heat of 4,000 degrees. In this intense heat, by the aid of the formula which I had discovered, I brought the matrix of silver and nine ty-nine times as great a quantity of the basest of metals together, and lo! the base metal had changed to silver of the purest quality. One hundred as much silver came out of the furnace as had gone it. "For four years I ca/*Ied the se cret. I made sure that it was right. Then I decided to give to the world the benefit of my discovery. "When Mr. Dickinson saw the transmutation take place he was elat- CATARRH OFTHt BLADDER Relieved in 2 4 Hours CAPSULES MlDH Bexcart of counterfeits W A W A iaV«AW«w W HOOD RIVER STRAWBERRIES, 3 boxes for RHONE 209 5 0 Cucumbers, each 05c i,arge bunch Onions 10c Tomatoes, fancy, per basket 50c Bananas, 2 doz. for 35c Lettuce, per bunch 05c Large bunch Radishes 10c Rheubarb, 4 lbs. for 25c Whit Wax String Beans, per lb. 25c per bunch lOe Carrots, per bunch 05c Dr. Lange says that he has ample financial support to put his discovery on the market. Dickinson's last words to him, he said, were: "Whether I live or die,voices, I will see that the exploitation of your discovery does not suffer through lack of financial support." A Man Wants to Die only when a lazy liver and sluggish bowels cause frightful despondency. But Dr. King's New Life Pills ex pel poisons from the system brings hope and courage cure all liver, stom ach and kidney troubles Impart health and vigor to the weak, ner vous and ailing. 25c at Finney's Drug Store. PARK, GRANT & MORRIS.T Distributors Fargo and Grand,Forks Saturday, May 28, 1910. THE GOLDEN RULE GROCERIES and NOTIONS Potato Chips, per pkg 10e Beginning Saturday morning, May 27, we will commence our RED TAG SALE. This is something new. See circulars and wonder how such prices can be made and leave a profit. We assure you we did not steal them but got them on purpose to sell and not to keep. Come early to avoui the rush, as our place is small. McCONKEY & SON ed. He jumped to his feet and in sisted on looking into the furnace. The gases arising from the furnace made him slightly ill. Before he left for his home Mr. Dickinson had agreed to invest his money in ex ploiting my discovery. It was the most simple but most gigantic pro position that had ever been put be fore the world. "After leaving here he became ill. The fumes he inhaled aggravated his weakened condition and he develop ed pneumonia. I spent several days at his bedside. His heart, impaired by long illness, was too weak to stand the strain of the pneumonia, and he died." CORNER SIxTH and BROADWAY Second Annual MAT MUSIC FESTIVAL To Bs Held at the STATE NORMAL SCHOOL AUDI- TORIUM, VALLEY CITY, N. D. May 30 and 31. 1910. Under the direction of Howard El son Goodsell, Dean of the Conserva tory. Four concerts are given during the two days, in each one of whish the MINNEAPOLIS SYMPHONY ORCH ESTRA of 60 pieces, under Emil Ober hotter, conductor, will appear. There will be seven superb solo artists, the Valley City Choral society of 125 the Ladles' Glee club of 20 voices that rivals In artistic rendition any similar organization in the coun try, and the Men's Glee club, one of the strongest organizations of the music work at Valley City. The final evening concert, Haydn's masterpiece, "THE OBEATION," will be presented. For circulars, diagrams of the audi torium and tickets, address HOWARD E. GOODSELL Valley City, N. D. SHREDDED"TabletBreakfasethfotAutocrae"Th WHEAT ALWAYS HEAT IN THE OVEN TO RESTORE CRISPNESS and serve with hot milk or cream, or with sliced bananas, baked apples or other fruits. The food of health and strength, for old or young in any season. Always clean, always pure.