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Two The Pioneer Abstract Office of the County Abstracts guaranteed by Surety Bond of $10,000 filed in the office of the County Auditor. BROTHER INJURED. Miss uora Johnson of this city has received word that her brother was seriously injured in a mine explosion at Butte, Mont. Her sister has al-promises ready hastened to his bedside. ANNUAL MEETING. The annual meeting of the direc tors of the Bismarck hospital will occur today. Rev. Suckow, the sup erintendent, has remained in the city since Sunday to be present at the meeting. NEW MINISTER TO BEACH. Rev. C. R. Stout, formerly of Up land, Ind., has recently been appoint ed by Rev. Danford as preacher of the Methodist church at Beach. He will preach his first sermon there on the nrst Sunday in July. GETTING SETTLED. Rev. S. A. Danford, district superin tendent of the Methodist Episcopal church fo rthe Bismarck district, is getting settled in his new home at 909 Fifth street. His family arrived and are prepared to make this their future home. RETURNED TO MANDAN. I-ouis Dreveskracht of Mandan, who has been under treatment for some time at the Bismarck hospital for an acute attack of stomach trouble, has returned to his home at Mandan and is very much improved. NINE POUND GIRL. A nine pound baby girl was born to Mrs. Pearl Grey of Richardton, at the home of Mr. and Mrs. Ned Wilton of Bismarck, Tuesday morning. Mr. Grey died January 5. Mother and child are doing nicely. WILL LEAVE TODAY. Mrs. Frank G. Grambs and family will leave for Detroit. Minn., this morning, where they will .spend the summer at the lakes. Mr. Grambs will accompany them but will at once return to care for his business in terests in the city. SPECIAL SERMON TONIGHT Instead of the regular mid-week ser vice there will be preaching service tonight at the German Evangelical church. Rev. R. W. Fleishman, pas tor of the Evangelical church at erdeen. S. D.. who is in the city, will occupy the pulpit. He is a very in teresting speaker. Do not fail hear him. DOWN FOR OPERATION. Judge Gibson is down from Wash burn with Mrs. Gibson, who had anpiece attack of acute appendicitis a few Ambitious Young Men will win a reputation for thrift and responsibility, by having a savings account. The young man who can save for himself can save for his employers. He's in a direct line for promotion. Start a Savings Account One great secret of success is being ready for your op portunity. A few hundred dollars may mean riches, if you're ready when the chance comes. We pay 4 per cent interest quarterly, and your balance will grow surprisingly. START TO DAY. Phone 48 References Bismarck Bank First National Bank Any County Official of Burleigh County Bismarck, N. P. E. N E Official Abstracter of Titles for Burleigh County BISMARCK, N. D. Taxes Paid for Non-residents Byrne's Abstract Report issued twice a week, contain the current real estate transfers of the county. THE CITY BANKS WILL CLOSE. The banks of the city wul close their doors today owing to the fact that it is a general election day. days ago, and will be forced to submit to an operation here. Judge Gibson is a candidate for nomination as coun ty judge in McLean county, but has put aside any campaigning in order to be with Mrs. Gibson during her illness. TW O FILED ON CLAIMS. There were J^wo homestead entries at the United States land office yes terday. They were John J. Silbernagle of Napoleon, and Michael Nagel of Glen Ullin. The Wehrlinger Addis contest case is still being heard and to be a record case before all the testimony is in. DR. SHUTE COMING SOON. Dr. A. Lincoln Shute, the new pastor of the McCabe Methodist Episcopal church, will arrive at Bismarck Fri day evening on No. 5. Dr. Shute comes to the city bearing a high rep utation as a public speaker. He isfor heartily recommended by a large number of people who have passed here and who have heard of him at points further east. He will conduct his first services in the city next Sunday. OFF POR EUROPE. Mrs. Herman L. Michaelson and Miss Dora Michaelson will leave to morrow morning for an extended trip through the eastern part of the Unit ed States and through Europe. They will visit at Washington, Philadel phia, Boston and New York City be fore sailing. Mrs. Michaelson has a brother in New York, whom she will visit there. They will sail the middle of July. They have already procur ed their tickets for the Passion Play at Oberammergau, and will go from there to Berlin, Paris and other Eur opean cities. Before returning they will visit at the home of Mrs. Mich aelson's parents in Warsaw, Poland. Her father is very old, and has not seen his daughter for a number of years. He sent for her to come over and sent her steamer tickets for her self and Dora. They will not return until late in the fall. TH E TRIBUNE A POWER FOR GOOD—SOMETIMES Bismarck, N. D., June 28, 1910. Editor of the Tribune: I am sure the democrats of North Dakota in general, and those of Bur leigh county in particular, will accept with due humility, the ponderous words of warning from the editorial sanctum of the Tribune and appearing in the issue of the 28th. I wish the gifted editor might get wise to the beam in his own eye, and issue a few words to the righ teous adherents of republicanism who do to lie and misrepre th situation to democrats in the desperate hope of getting the, support of the said democrats in the effort of the republican brother to cut the po litical throat of the other republican brother. Ab-sentnotehesitate For a real nice, refined, compact of lying, the righteous republi can brother in Burleigh county takes the persimmon. The democratic county central com mittee has been using valuable space in the Daily and Weekly Tribune, the Settler. Palladium, the Wilton News, and .the Driscoll News in an earnest I effort to have the democrats guard against the republican liar in this campaign but so far as I have ob served, not a single word has been said by the Tribune or those other papers condemning the notorious methods of the republican brethren in their efforts to induce the democrats to take part in the republican squab ble. The Tribune can be a power for good on occasion, but the sanctimoni ous self-righteous vaporings it occa sionally indulges in make earnest peo ple tired. P. E. BYRNE, Chairman Democratic County Central Committee, Burleigh county. PERPETUAL MOTION. A new idea in novel mystery Is shown in the moving whirlwind of shirts in Rosen's window on Fifth street, and many people are trying I to study out how the garments areattending kept in motion. Do you know? Fireworks at Knappen's. Real Estate and Investments FARM LOANS IN MISSOURI SLOPE COUNTRY SOLICITED D. T. O W E N S Tribune Bldg., Bismarck. i"1*+++o+»++»+o+»++»+r+++*»+*++++++++o+*++' I. MMMN f. J. NaMgtr T. I S A ELECTRI 6 E a W a S I S A N O ttrrrrrt MMMMMWMWWWW Strstt Th Golden Rule GROCERIES and NOTIONS White Wax String Beans, 2 lbs. for 25c Pineapples, per doz 1 25 Now is the time to put up pineap ples as we believe they have struck bottom. Apricots, large baskets, each 60c Large baskets red Plums, each.. 60c Large baskets Peaches, each.... 60c Warm weatehr is causing lemons to go up in the air, prices now, large size, per doz 50c Perfection Blend Coffee, regular 35c grade, per lb 28c 32 oz. net weight Jams 30c No woman can put up finer goods than this jam is. Hiawatha Corn, 2 for 25c Hiawatha Peas, per can 25c There is no finer goods put up than the Hiawatha brand. McConkey & Son PHONE No. 209 Corner Sixth and Broadway PERSONAL. J. H. Shannon of Cogswell, was in the city Tuesday morning transact ing some business. J. F. Chalpin was an arrival in the city from Sterling Monday night and attended to some business affairs in the city Tuesday. Mrs. Boynton and children have gone to Oakes where they will visit awhile wiht relatives. Boynton is employed in the dispatcher's office at the Soo. Philip Blank was an arrival in the city from New Salem Monday night. He returned to his home Tuesday af ternoon. B. Lichtenstein was an arrival from Glen Ullin Tuesday. He was in the city to attend to some business af fairs. M. M. Mcovern of Newburg, N. D., is in Bismarck attending to some busi ness matters. Ray Scott of Wogansport, came in yesterday to transact some business matters. Miss Nan Larson of Mandan, was in the Capital City between trains Tuesday afternoon. Mrs. W. A. Dillon, who has been vis iting at the home of Bradley C. Marks, for the past two months, has returned to her home at Spokane, Wash. Mrs. Ed. McCadams of Mandan, spent a few hours in the Capital City Tuesday afternoon. Dr. A. M. Fisher has returned from a trip to the Twin Cities. T. M. Skinner went to Brittin on the south Soo Tuesday morning on ousiness, and returned to Bismarck via the same route the same after noon. Mrs. Phoebe Brooks of McKenzie, was a visitor in the city on Tuesday. Bernard J. O'Neill of McKenzie, was a visitor in the city Tuesday' after noon. Mrs. J. W. Avery was an arrival In the city Tuesday afternoon. George M. Zickert of Ashley, was in Bismarck Monday afternoon and evening. E. E. Troxel of McKenzie, was in the Capital City attending to some business matters Tuesday. Attorney John F. Sullivan was in Bismarck between trains yesterday. He returned to his home in Mandan in the afternoon. W. F. Burnett was in the city from Dickinson Tuesday afternoon to tran sact business. A. W. Bartz of Garrison, was an arrival on the north Soo Tuesday afternoon. A. E. Johnson of Underwood, came down to the Capital City Tuesday af ternoon. S. D. Frost of Leola, S. D., was in the city Tuesday to attend to some business affairs. Fireworks at Knappen's. For sale, first-class feed. Go to A. Logan's. The Malleable Range, made in South Bend, is for homes where the best is none too good. See it at the Walper Hardware store's exhibit this week. Hot coffee and biscuits free. AN INVESTMENT. A savinga account is a safe invest ment. Our savings department is un der National bank supervision and we pay 4 per cent, payable quarterly. $1.00 will open an account. Start to day. THE CITY NATIONAL BANK. GIFT FOR YOU A valuable cook book and useful souvenir given free to every visitor the range exhibit this week at Walper's hardware store. Will Lunch. Hot biscuits and coffee served free every day this week from 2 5 at the Malleable Range demonstration at Walper's hardware store. NO EXPERIENCE Mr. Buchanan says he still lives on his homestead taken in 1880, con sequently he has no experience in legislation nor as an executive. A large number of business men won't employ inexperienced help for the store nor office, and even on the farm inexperienced help 1B not wanted. If experience is necessary on the farm, in the store, in the office, how much more so in the chief executive of the state. Prof. Aaker has experience, has "made good and will get the solid support of all thinking voters for gov ernor.—Advt. Fireworks at Knappen's. BISMARCK DAILY TRIBUNE In the Supreme Court Emerado Farmers' Elevator Co., plain tiff and respondent, vs. The Farm ers' Bank of Emerado, defendant and appellant. 1. In case the treasure of an eleva tor company, also acting as cashier of a bank in which the Elevator com pany has money on deposit, and auth orized to draw checks in the name of the El vator company upon is bank account for the purpose of paying debts ana obligations of the Elevator company, misappropriates funds of the bank and for the purpose of cov ering up a shortage in the bank's funds until such time as he expects to be able to replace the same, draws checks of the Elevator company pay able to the bank and charges these checks against the Elevator company on the books of the bank, without in tention to transfer funds from one corporation to the other but only for the purpose of temporarily concealing his defalcation, such checks create no liability in favor of the bank and against the Elevator company. 2. In case the cashier of the bank having misappropriated funds of the bank or become in some manner in debted thereto, as treasurer of theagainst Elevator company, draws checks upon it payable to the bank and uses the same to pay his personal indebted ness to the bank, such checks, by their form, of themselves operate as notice to the bank of a misappropria tion of the funds of the Elevator com pany and the bank, after accepting them with such notice cannot predi cate upon them a claim for liability gainst the Elevator company. 3. In case the cashier of a bank, who has misappropriated its funds or otherwise become indebted to it, inappellant. order to conceal his defalcation or pay his Indebtedness transfers funds o* an Elevator company of which he treasurer, to the bank, and in order to account for such transfer drawn checks upon the Elevator company payable to the bank and charges the amount of the same against the Ele vator company upon the books of. the bank the bank having accepted such payment through its cashier, cannot retain the benefits of his act without accepting the consequences of his knowledge. After receiving funds un der such a state of fact the bank can retain them only through ratification OF I I I Broken sets of ve*ry fine LIJ I I Sheer Swiss and Nain sook and Batiste Edges and Bands, worth 65, 75 and 85 cents a yard: spe cial during this sale only 39 cents per yard I of the fraudulent act of its agent, the cashier and in doing this it becomes I particeps criminals with the cashier and liable at the suit of the Elevator company to the amount of the fund so fraudulently transferred. 4. A banking institution is not au thorized to pay out funds entrusted to it on deposit to a person known by it to stand in a trust relation to the depositor, when It has notice that such person intends to misappropri ate and divert the fund received to his own uses when paid over and in case such payment is made the amount so paid may be recovered at the suit of the depositor. 5. In case the cashier of a banking institution who has the entire man agement, control and conduct of itsant's I affairs and stands as sole representa tive of "the bank in all transactions relating to the receipt and disburse ment of the funds of the depositors, while so acting draws checks of an Elevator company of which he is the treasurer, payable to the bank, pre sents such checks as treasurer to him self as cashier, takes the sum of mon ey paia over thereon and misappropri ates if, the bank for which he is act ing will be held to knowledge of his fraudulent purpose at) the time of presenting the checks and cannot base thereon a claim of liability in its favor the Elevator company. Syllabus by the court. Appeal from the district court of Granu Forks county C. F. Templeton, Judge. Action by Emerado Farmers' Ele vator company against the Farmers' Bank of Emerado, to recover a bal ance alleged to have been received by it upon deposit. Plaintiff had judgment and defend ant appeals.. Affirmed. Bangs, Cooley and Hamilton, for Scott Rex, for respondent. Opinion of the court by Ellsworth, J., all concurring. George Schlosser, plaintiff and re spondent, vs. Great Northern Rail way Company, defendant and ap pellant. Action to recover damages for neg ligently killing three horses belonging to plaintiff while being shipped from Grand Rapids, Minn., to Hunter, N. D. Plainti in the fall of 1907, shipped twenty-two head of horses from Hunt er, North Dakota, to Grand Rapids, Minn,, to the firm of Sutton and Mac- Durin this week we offer our entire stock of embroideries, consisting of all overs embroideries and tuckings, bands, flouncings, edges, galloons, medallions and waist frontings, in Swiss, Nainsook, Batiste, Cambrics etc., at a Discount of 20 per cent TWO BI SPECIAL BARGAIN LOTS Remnants of Embroideries and Laces at one half regular price key, over defendant's line. Sutton and i»*ackay were engaged in logging in northern Minnesota during the winter months, and plaintiff's horses were shipped by him to them for work in the woods. Under the agreement, the plaintiff was to and did pay the ex penses of shipping the horses from Hunter, N. D., to Grand Rapids, Minn. Sutton and Mackay, in addition to compensating paid said plaintiff for the use of his horses, were to deliver them after the season ended to plain tiff at Hunter, N. D., free of charge. On March 19, 1908, one of Sutton and Mackay's men, Crocker by name, brought the horses to Grand Rapids, and shipped them over defendant's line to plaintiff at Hunter. Defend agent at Grand Rapidsfilledout the ordinary form of live stock ship ping contract, upon information given by Crocker, and Crocker executed the contract in the name of the plaintiff, by Crocker. The rate charged for the shipment was based on a valuation of $75 per head. Held, that plaintiff was not a party to the contract betveen Sutton and Mackay and defendant that Crocker had no right or authority to sign plaintiff's name to the contract and that plaintiff was entitled to re cover full value for the horses that were killed. Syllabus by the court. Appeal from the district court of Grand Forks county, Templeton, J. Action by George Schlosser against Great Northern Railway Co. From a judgment in favor of plain tiff, and from an order denying de fendant's motion for Judgment not withstanding the verdict and for anew trial, defendant appeals. Affirmed. Murphy and Duggan, for appellant. Skulason and Burtness, for respond ent. Opinion of the court by Carmody, J., all concurring except Morgan, C. J. not participating. Richard G. P. Vallancey, plaintiff and appellant, vs. Martha Hunt and ohn C. Hunt, defendants and respond ents. 1. In an action in claim and deliv ery for the possession of personal property, mortgaged to secure a note given for apart of the purchase price, a defense to the note that the prop erty was waranted on the sale, to do good work, may be shown under an answer that is a general denial only. 2. Under the general denial in a claim and delivery action, any fact ONE WEEK WHITE SALE A. W. LUCAS CO. Wednesday, June 29, 1910. a*+++*++*++»+++++0+++++++++0++*++0+**++++++***+*+*+**r may be shown that shows,or tends to show that the detention of the prop erty by the defendant is not wrong Iul- 3. There can be no waiver of the right to rescind a contract or to re turn a machine sold under a warranty pursuant to contract, where a pur chaser retains the same under an ex press consent and request of the sell er to do so until the seller puts the same in working order. 4. A party Is not estopped to In terpose a defense by reason of his representations or silence after the transaction has been excepted and the money paid over. 5. On an appeal from a judgment after trial where a Jury has been waived by the parties and the trial court has made findings of fact, such findings of fact will not be disturbed unless shown to be slearly against the preponderance of the evidence. Syllabus by the court. Appeal from the district court of Rolette county, Cowan, J. Action in claim and delivery. Judgment for the defendant, plain tiff appeals. Affirmed. Skulason and Burtness and W. Thomas, for appellants. C. R. Gailfuc and Burke, Middaugh. and Cuthbert, for respondents. Opinion of the court by Morgan, C. J., all concuring. TH E PLACE O BUY Ground feed, oats, corn, bran, shorts and poultry supplies at Will's Seed Store.—Advt. THE CAPITOL STEAM LAUNDRY We are giving especial attention to Hand Finished Work also shirts and collars. A part or all your laundry work solicited. Our wagons will call O N E 2 2 0 I rtT O Broken sets of our finest j| "•V embroideries in flounces wide edges, bands, etc., on Swiss, Nain sook and Batiste cloths worth from 90c to $1.75 a yd. special this sale only 59 cents per yard Vj*»»«*««««»»»j«««*«»««jj»««»»»»«..««.«Pfff/fJ#fffJJ