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Bismarck daily tribune. (Bismarck, Dakota [N.D.]) 1881-1916, May 03, 1912, Image 8

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Jamestown has a mattress factory.
Blindpiggers are being arrested in
Wheat Is growing rapidly along the
Slope. ,**
Several editors of the state have
The WilliBton Graphic has a lino
type machine.
A reform wave seems to he blowing
over Mandan.
Burleigh county has a few candi
dates for office.
Politics in Sheridan county are
warming up some.
There is opposition to Sunday base
ball at Grand Forks.
Mayor Dale of Rugby was arrested
for speeding his auto.
The attempt to remove the police
force at Mandan failed.
The American bottling works was
burglarized at Fargo.
The Lisbon Free Press has turned
its thirty-first milestone
Mrs. W. L. Stockwell submitted to
a surgical operation at Fargo.
(Ball games have already occurred in
some of the towns of the state.
The weather for North Dakota for
April was a trifle above normal.
Every town in the state is urged
to stand by its local creamery.
With a few more showers in July
and the Slope will be in clover.
That beer that disappeared about a
year ago at Bowman is still missing.
The candidacy of C. A. Johnson for
governor did not cause any surprise.
The railroads are finding that it is
not so easy to raise rates in North Da
The last bask statements publlsheo
made a good showing for North Da
More thoroughbred chickens are be
ing raised in North Dakota than for
The stork seems to be doing Its
share in boosting the population of
Stark county.
The editor of the Burnstad Comet
has a life preserver in the shape of
a bull dog.
A section foreman was nearly killed
at LaMoure by a pile of ties falling
off a flat car.
'Fifteen cement crossings will be
among the Improvements for Graf
ton this summer
The Jamestown Commercial club
has undertaken the organisation of a
band of 50 pieces.
There has been rain enough in the
state this spring to prevent many
taairie fires, occurring.
The Mott Spotlight edited by Jack
Charmley will be waited for with,
much interest by the pres gang.
Fargo decided not to enter profes
sional baseball but will dub along this
summer with an Independent team.
George Webster, the Fargo theatric
al booking agent, has taken over the
Bijou theater at Valley City.
Some of the papers note the fact
that the supreme court stood pat ou
the registration part of the assessor
•,•:• .v'V." •••.i
The insurgents may have some
trouble in raising that $1,000 incurred
by the LaFollette campaign In this
Thirty-two freight handlers on the
G. N. at Grand Forks walked out
when they were refused more pay the
other day.
(Alfred Blaisdell seems to have
friends all over the state that predict
he/will be elected to congress from
the Third district
The Insurgents will have something
to do If they attempt to pick afavor
ite among the candidates for congress
in th« Second district.
The LaMoure Chronicle pictures a
stretch of railroad track In that sec
tlon of the state Just completed by
$, the Midland railroad.
Early sown wheat fields are now
y, covered whh green crpets and the re
cent showers will make the nap on
the carpet greener every day.
Some of the papers want to know
if the Insurgents are observing the
primary election! law by holding star
chamber sessions in Fargo.
The fact that Jim Johnson pub
lishes a picture of his first claim
shack in one of the Minot papers is
mora convincing than ever that he is
a candidate for some office.
'-. nth* first legislative candidate men
tioned so far for Burleigh county Is
Henry L. Beads of Bismarck, woo has
been prominently identified with the
State firemen's association for many
KR,Sa*E .-
7ti vt*m4*imumkfmm
A lecture will be delivered this eve
ning at St. Mary's Pro-Cathedral by
David Goldstein of New York upon
the topic of "Socialism." Mr. Gold
stein was formerly a disciple of this
political faith, but later renounced his
views and is speaking against it.
Everyone is invited to be present
to listen to his address. There will
be no admission charged for the lec
ture, but a small collection will be
taken during the evening to defray
the speaker's expenses.
In the Supreme Court, State of North
Dakota, October, 1912, Term.
Michael P. Slattery, Appellant.
Hans C. Rhud, Respondent.
1. Action to recover damages to
certain ice while stored in an ice
house alleged to have been caused
by defendant in carelessly and wrong
fully excavating on an adjacent lot
and also on plaintiff's lot on which
such ice house -as situated and so
near thereto as to cause the building
to collapse and the ice to become ex
posed to the air and sun. Plaintiff
introduced evidence tending to estab
lish the alleged trespass on plaintiff's
lot, as well as the other facts pleaded
in the complaint. In charging the
Jury the trial court told them in sub
stance that even though they should
find that defendant in fact wrongfully
excavated on plaintiff's lot causing the
injury he would not be liable if he
exercised reasonable care in so do
ing. HEM) prejudicial error.
2.' A wrongful trespasser is liable
for all the detriment proximately caus
ed by such trespass whether he acted
in good faith and with reasonable
care or not
3. It was proper for plaintiff to al
lege and prove both a trespass by de
fendant on his lot and a negligent ex
cavating on the adjacent lots as the
-proximate causes of the resultant in
4. Certain instructions to the jury
upon the question of the measure of
damages, examined, and held erron
(Syllabus the Court.)
'Appeal from district court, Burleigh
countp Winchester, J..
From an order denying plaintiff's
motion for a new trial he appeals.
Reversed and a new trial granted.
Newton, Dullam & Toung, for ap
F. H. Register, R. N. Stevens and
Nile* ft Koffel, for espondent.
Opinion by Fisk, J.
In the Supreme Court, State of North
Dakota, October, 1911, Term.
Samuel Burcejl, Plaintiff and respond
A. Goldstein, defendant and respond
ent, and The National Union Fire
Insurance Co., et al., Garnishees
and appellants.
1. A claim for exemptions In a sarn
ishment proceeding in a justice court
must, in order to serve as a defense
and to protect such exemptions, have
been preceded by the filing with such
Justice of a schedule of the debtor's
personal property, as prescribed by
Sec. 8405, R. C. 1906, as amended by
Chap. 131, Laws of 1900.
2. Sec. 7119, R. C. 1906, does not
apply to garnishment proceedings
brought in justice court, and exemp
tions cannot be claimed or secured by
filing a schedule with the constable
under such section of the statute.
3. Where a schedule is not first
filed with the justice within the time
and In the manner prescribed by Sec.
S405, R. C, 1006, as amended by Chap'.
131, Laws of 1909, and judgment by
default has been rendered against the
defendant in the justice's court, the
,»nperty sampled rny not after
wards be carried as exempt in the dis
trict court on an appeal thereto.
4. Where money is garnished in an
action in a justice court and a claim
for exemption is disallowed in such
court, a subsequent adjudication In
bankruptcy in the federal courts in
which such property is claimed and
set aside to the debtor as and for his
exemptions will not release or void
the Hen of such prior garnishment
eren though such garnishment pro
ceedings may have been instituted
within four months of such adjudica
tion in bankruptcy, and in spite of
the provisions of Section 67-f of the
Federal Bankruptcy act of 1898.
6. The Federal statute referred to
only avoids Hens upon property which
passes to the trustee in bankruptcy,
and oyer which the bankruptcy court
could and has assumed jurisdiction.
By setting aside the property as ex
empt euch court will be held to have
disclaimed any intention of assum
ing or of having ever assumed juris
diction over it, and it cannot be said
to have passed at any time" to the
trustee in bankruptcy Nor will the
fact that on account of such adjudi
cation in Bankruptcy a personal Judg
ment cannot be rendered against the
defendant in the district court, alter
the case, or preclude the foreclosure
of the Uen, as the jurisdiction of the
district court Is In rem, and not in per
(Syllabus by the court)
Appeal from the Ustrlet court
Grand Forks county, Templeton, J.
Garnishment proceedings in Justice
Court. Judgment by default De
fendants appealed to the district court
and claimed exemption. Judgment for
plaintiff. Defendants appeal.
F. B. Feetham, for respondent
Skulason ft Burtness, for appellant
Opinion by Bruce, J.
The May Woman's Home Companion
The May Woman's Home Compan
ion contains a mort Interesting ac
count of the -scent dramtlxation and
staging of Louisa M. Alcott's "Little
Women/' It is quite a r-imarkable
story—how Miss Alcott'e heirs have
ejected for ear to putting the story
on the stage, but how at last they
have consented. Among the other ar
ticles in the number are the follow
ing: "Seeing Europe on $3.50 a Day,"
"A Mother's Account of the Effect of
the Boy Scout Movement on Her Son,"
"Women Writers as Humorists/'
'IHow to Attract Birds" and the first
of a new series on the American girl
by J. Nilsea Laurvik
On the fiction side, the leading con
tributions are from Kathleen Norrls,
Susan Glaspell, Annie Hamilton 'Don
nell and Mary Heaton Vorse.
In the practical dressmaking, house
keeping and entertainment depart
ments appear many interesting con
tributions, among which are articles
on "Sensible Shoes," "The Hhealthy
iBaby," "The Practical Kitchen," "How
to Make a SunJXal," "How to Make
a Summer Shack," "The Appetising
Beefsteak" and. A Dozen Good Des
Housing in New York and in Paris.
The New Yorker pays, all other
things being equal, no more for hi3
housing than the Parisian does, while
he has many more conveniences, and
many more ways of reaching the city
the numerous transportation lines.
Add to this the aratbst unlimited
choice and range of prices possible lu
New York, and the balance is very
much against the French. In Paris
the apartment hunter must take what
he can find or stay in the pension
with the inquisitive spinsters. In New
York he can pick and choose accord
ing to street and light and quarter and
convenience—a dozen different land
lords competing for his tenancy, and
all within whatever limit he sets upon
his rent appropriation. And this is
why it is easier to be housed in New
York with the all-round dignity which
has regard not only to oneself, but to
those one comes In contact with In
life, than it is In PariB, alf other
things being equal.—From "The Cost
of Living1 In France," by James Ed
mund Dunning, is the American Re
view of Reviews in May.
American and English Angling.
In America, owing to the fact that
the dry fly angler fishes'the water
and not the rise, wet and dry fishing
are far more closely related than Is
the case In England where the orth
odox sportsman stalks the trout, cast
ing exclusively to a rising and feeding
fish from this it may be easily de
duced that much of the following dis
cussion on the subject of fishing with
floating flies is—is the very nature
of things mm- be—equaUy applicable
to either dry or wet fly fishing.
Moreover, angling conditions are
such in this country that the fly fish
erman, to be consistently successful,
cannot rely solely upon either one
method or the other—he should be
'passably expert with either the dry
-or the wet fly, employing one or the
other as conditions warrant or the oc
casion renders Imperative. Dry tiy
fishing conditions here and in Eng
land are quite dissimilar. The Eng
gish dry fly specialist follows his
sport, in general, upon the gin clear,
quiet chalk streams slow, placid riv
ers, preserved waters artificially
stocked with brown trout (salmo fa
rio), and hard-fished by the owners or
lessees.—Samuel G. Camp, in the May
The Red Book Magazine
Arthur Stringer, whose latest serial
story "The Call," met with great suc
cess, has a most Interesting short
story in the May number of the Red
Book Magasise, which has just been
issued. The story called "The Jug
gler," has that element so clear to the
heart of the editor, the "crackerat
the end." It tell* of a playwright
whose efforts meet with failure until
things have got so bad with him that
his wife leaves him. From there on,
it would be difficult for even the most
blase reader to conjecture the end.
This number of the Red Book maga
zine has a number of stories with -ex
ceptional endings. There is "A pa
triot,' by Earl Derr_ Diggers, which
tells of a young man who served" his
country by winning a girl, "A Con
structive Imagination," by Frank
Parker Stockridge, which shows how
a newspaper man failed in his detec
tive workf and "The Barrell of Bar
bera," by John A. Moroso, which puz
zles you In trying to solve the disap
pearance of a stool pigeon. Alma
'Martin Estabrook contributes to this
number another of her stories of the
Hare's Foot Beauty Parlor, and Fred
erick TL Bechdolt another of his
stories of the adventures of Light
house Tom. There is an exceptional
ly strong story by Edward Hunger
ford and another by Elliott Flower.
Elite Parker Butler begins' a new*
series of stories about five cupids
This one la entitled, "The Lady With*
the Pig."
The World's Work for May.
If any one's vote hangs on indecis
ion with regard to the personal plat
forms' of the various candidates, he
will find his questions answered by
a neat four-column arrangement in the
World's Work for May In which Mr.
Vatt, Mr. Roosevelt, Mr. Wilson and
Mr. Harmon, In the order that their
names occur, are made to sneak their
minds on the subjects of the trusts,
the tariff, and the Initiative, referen
dum and recall. There Is In the same
number a very interesting and amus
tag personal characterisation of
*X)hamp Clark of Pike County," by
Mr. Stockhridge, and one of Govern
or Stubbs of Kansas by Mis* Dana
Oatlin. One of the most timely arti
cles in the magasise Is a comparison
by Rear Admiral Peary of the relative
difficultiesi of ac^eremeht that Here
encountered In th^ discovery of the,
North and the South poles. Another
Is a discussion of the recent phases
of socialism in France by Mr. Samuel
Orth. A very unusual collection of
pictures is given, showing the less
well known wonders of our national
parksr and there is an article with
architects' drawings of the proposed
mounments to be erected to Lincoln
-and to Perry. Some valuable informa
tion Is proffered to housewives in Mr.
Stockbridge's article, "How to Get Rid
of Mosquletoes'' A very promising
rotation of the country school ques
tion is given by Mr. W. K. Tate. Be
sides these, here is a glimpse into
the new iChina given by a Chinese
writer, and an inquln* into several of
the vital phases of our financial sya
•tem by Mr. Arthur Eddy and Mr. C.
$f. Keys. The magazine contains Its
usual clear-sighted editorial survey of
men and events.
A New ArtsIfa for America.
According to the current issue of
Faim and Fireside, Prof. Niels E.
Hansen of Brookings, S. D., a famoub
authority on horticulture, is ready to
give to the farmers of America the re
sults of his recent investigations of
turn out to be worth millions of dol
lars to American agricultural inter
ests Folowing is an extract from the
article in Farm and Fireside.
"The agricultural world has waited
for several years for results from'
Hansen's importations of alfalfas from
the dry and cold interior Asia. Evi
dently it is to wait no longer. That
'Professor Hansen Is now ready to
send out seed in small quantities to
farmers is news of the greatest in
terest and importance To new mem
bers of the South Dakota State Horti
cultural socity he is offering, with a
copy of the annual report, a hundred
This is a regular 76 center, well
mounted on extra heavy steel base,
beautifully colored, seamless strlctr
ly the best on the market.
Special 39c
Enameled Preserving Kettle
Price tells the story. A rare purchase
sold at a rare price.
beautiful fin
ish on heavy
steel base,
knob, each
16c I
^Special Gray^Seamed Colander
Uniform lustrous gray enameled
mottling on heavy steel base....»• 1 5
Teakettle Specials
The same goods we always
Sell only the price ia changed.
Titan gray anameled teakettle.
Trade capacity 7 quarts. Strict
lyfiret class goods at less than
secondfl sell for. Special 4 8
seeds of Cossack alfalfa, said fo be
wxirth a dollar. To the nian wlu
take them and propagate the plant,
th^::ihay- he :#otth ihousands.^1
"Professor Hansen evidently be
lieves that 'n the alfalfas brought
home by Mm there are varieties which
wil grow luxuriantly and beafy good
qualities of seed, hardy enough to be
come wild in all jour cold^ •dry!, ^orth*
west and to bless the farmers clear
-to the very northern limit of agricul
ture. His platform calls for*iuch re
sults. ..
"Think of it! Through one man's
search of the remotest and wildest
portions of the world we are likely to
be endowed with a new agriculture.
Those who have seen the soil .blowing
from the Garberry Phtinirof Manitoba,
'from fields depleted of their hnnfus
by wheat after wheat, and no legume,
can understand the sublimity of the
work which this one agricultural ex
plorer has apparently done.
"To the farmers of the northwest
we recommend the securing of trial
lots of these plants and seeds. The
men who get the first start in these,
and the Grimm alfalfas, and will in
that dry climate enter upon the grow
ing of the seed for the market will
find demand for their product soon, in,
alfalfa—results which will probably fCanada, and all the northern states1
of the Union. It is a unique opportu
nity for the enterprising in these sec
lions, perhaps elsewhere."
6-Qt. Berlin Sauce Jan
Accident Occurred When Families
Were Carried From Burning Build-
lng.' •••..-• .(..-': .•• •*'/^••asvr
8y AnMdated Press. •.' :i'''.'i..v-,::t:-.V
CHICAGO, 111., May 2-!harles H.
Reese ,a fireman, was seriously in
jured when members of two famlHes
were rescued by being carried down
ladders, early today in a fire that
partly destroyed a large apartment
Bake Pans
The St. Paul Dispatch contained the
following item which wiU be read
with' interest by Biamack lovers of
the national game:
The St. Thomas baseball team got
their first real setback of the season
when it was announced that Catcher
Paul Betts would be sick in the col
lege infirmary with pneumonia. This
will hamper he S ?nts to a great ex
tent because Betts was a capable re-^apd
ceiver and was expected tp do the
bulk of the work behind the bat for
the St Thomas team this year. Clem
iBusch'wili be called upon to fill his
In a practice game yesterday in
which Busch caught, the St. Thomas
Aggregation romped away with the
Johnson high team of St. Paul by the
count of 16 to 2, or. there about Rus
sell of no-hit game, was in the box
for the Midway college and had the
game well in hand at all times.
Clement Busch caught the game at
Thomas lined'up against St. Olaf and
the former team won by a score of
10 to 6.
Basement Bargains here you get
real Bargains. Come and see. Lucas*
5-auart Bake Dishes in gray enam
eled ware, an excellent quaUty, our
special sale, price at only
Worth 35c.
14-qt. extra deep Dish Pans. Size 16x5^
.inches, straight sides, riveted handles the
best dish pan ever sold for the price, o^*_
Special Jty%
Rising Pan, 17 qt size 18x5 inches,
[Water Pails
at Bargain Prices
If you are in need of a
water pail here is your
chance* This is our
regular Boyal goods.
10 quart sise regular
price 66o now 4 5
14 quart size regular
price 75c now 4 5
HNever abetter bargain offered
than this, first quality goods,
tripple coated. Azure blue and
white mottled outside/ white
inside. Black rims. Worth
$1.00. S a 5 0
'!$$££#•,: Robert M. McWae^^^l^ftlft-S^I,
,«.. _w £^wui WAahiacton
...,—, Robtr McWaesll^_^
B|nnar« Tribun Wasm^a^^Bureau^^,,.^^,^^M:*.:i-Bureau
•T^SHINGTON,. May 3^As *:,&&'ti$tt$.
suit of much thought and continuous 0
experimenting, army signal officers.
have perfected the smallest wirelesa
telegraph set ever made, and have
Just sent it to Gotham for the aero
nautical show, that is to take place
there during the coming fortnight It
has a sending radius of 26 miles on
lasd and 60 miles at sea, but, as yet
the signal corps men have no reliable
data to Show its carrying force when
used on an aeroplane in flight. The
receiving and transmitting apparatus
weighs only 26 1-2 pounds, and is con
fined within a box 16 inches square
16 ihcbes'deep. I may also men
tion that the generator from whicn
.this liny apparatus derives its power
adds an additional 26 pound*.
By Associated Press., „, —-1,^"
TRENTON N. J., May 3—Woodr
row Wilson, is confined to his home
at Princeton, suffering with a cold,
but is reported better today. Mem
bers of the family sa ythey expect
him to be out in a day or two.
R. Beisner of Napoleon spent
Thursday and Friday looking after
matters of business interest in Bis
Real City Basement Sale, goods you
need at low prices. A. W. Lucas Co.
2-Quart "Tiian" GraylEnameled
Mixing Bowl-A Bargain
2-qt, 7 1-2x3, uniform lustrous gray
enamel mottling on heavy steel base.
Each piece wrapped and labeled.
9 cents
T10-2: fl in-deep, beautiful
mottling on heavy steebase
Threc-Qt- "Graycotes' Gray Enameled Covered Bucket
Nothing in the market to equal it at the price.
purchase for this sale only.
6 3-4x4 M, run rkiln
goods, uniform gray mot-i
tling on medium wt steel]
base, double seamed
swedged body, firmly rivet I
ed enameled ears, heavyj
wire bail, tin cover with'
16 cents
6^Qoart Duchess Kettle
The biggest bargain of the
season, each 3 9
Six quart tripple coated mount
ed on. an extra heavy steel base.
A fortunate
Handled Berlin Sauce PinsT

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