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FRIDAY, JUNE 28, 1912.
Amusements ORPHEUM. A Program That Will Entertain. It is needless to go over the entire program that opens tonight ior the balance of the week for everyone knows that only the best of vaudeville pictures and songs will be shown that can be secured regardless of expense. Farnum and James are slated as the talking chinks those comedy novelty acrobats. Miss Sorenson will have two new songs and when she sings the illustrated song, "Mr. Moon," she will introduce a novelty never seen here before. Be sure and hear her. The Pathe Weekly will contain scenes of the New York-Boston ball game aj^d also the funeral ship. Mackey Bennett. The balance of the program will be seen in the Orpheum adv, that appears in every issue of The Tribune. BISMARCK THEATER. Pictures That Demand Premium Prices. We are anxious to keep in advance of everybody and we book pictures at a considerable sum in advance of the regular contract price. In this way we secure subjects as soon as they are issued. Among these films are four, we pre sent tonight, namely, "Blighted Lives" "Tempted, But True," "Lost Years," and "Saved by a Cat.' You will find these to be top-liners in every re spect. FRECKELS Don't Hid* Them With a Veil Re move Them With the New Drug. An eminent skin specialist recently discovered a new drug, othine—dou ble strength, which is so uniformly successful in removing freckles and giving a clear, beautiful complexion that it is sold by any first class drug gist under an absolute guarantee to Tefund the money if it fails. Don't hide your freckles under a veil get an ounce of othine and re move them. Even the first night's nse will show a wonderful improve ment, some of the lighter freckles vanishing entirely. It is absolutely harmless, and cannot injure the most tender skin. Be sure to ask for the douhle strength othine it is this that is sold on the money back guarantee. ORPHEUM ENTIRE CHANGE TO-NIGHT FARNUM & JAMES "The Talking Chinks" Comed Novelty Acrobatic Miss Edith Sorenson Some classy song singer Featuring "Send for Me" and "Mr. Moon" Miss Sorenson will sine Mr. Moon in a novelty way never seen here befoi he sure and hear her tonight. PHOTO-PLAYS "PATHE'S WEEKLY" No. 20,1912 Featuring the funeral ship Mackay-Bennett arriving with the bodies of those recovered from the sea at the scene of the Titantic disaster, and many other late events "OUT OF TUNE" A laughable comedy "THE ZOOLOGICAL GARDEN OF ROME" Educational "A TENDERFOOT'S TROUBLES" A real western comedy "A VISIT TO MADEIRA" Showii g- scenes taken on board ship in mid-ocean Remember the Biggest and Best Matinee in Bis marck, Saturday at 3:30 Hughe Bros'. Bakery KsT.9 DEATH OF ALMA TADENIA Celebrated Painter of Greek and Ro man Life Passes Away, In Germany. WIESBADEN, Germany, June 28.— Sir Laurence Alma-Tadeni a, the fam ous painter, died here last night. He had been suffering from ulceration of the stomach and was undergoing the cure. He was in his seventy-seventh year. Painter of Greek and Roman Life. •Sir Laurence Alma-Tadenna was one of the most celebrated painters of the day, his pictures of Greek and Roman life having wide fame and popularity. Sir Laurence was a native of Holland having been born in Grourup, January 8, 18®6, the son of Peter Tadema, a notary. He was educated at the gym nasium at Leeuwarden, and later stud ied art at the Royal Academy in Ant werp. For many years, however, he resided in England, and it was by Great Britain's ruler that he was knighted. His home |n London was in the quarter known as St. John's Wood, and was frequently alluded to as the most beautiful house in the world. He made a specialty of classical sub jects and rendered detail with exqui site accuracy. Particularly was he renowned as a painter of marble, ren dering interiors wrought in this ma terial with wonderful effect. His Most Famous Pain tins. Among his most celebrated can vases are "A Reading from Hamen," "Caracalla," "Sappho," "The Triumph of Titus," "My Sister Is Not at Home" the last three in the Walters Gallery, Baltimore "The Finding of Moses," "Spring" and "Unconscious Rivals." His second wife, who died three years ago, was a Miss Epps of England, who was herself an accomplished artist. Of their two daughters, both of whom are still living, one is also a painter of repute. He received gold medals- for his paintings from most of the leading academies of Europe, and was decor ated with most of the chivalric or ders. DROWNS IN SHEYENNE. COOPERSTOWN, N. D., June 28 Ashel Eaumgard, a farm laborer whose home is said to be near Green Bav. Wis., was seized witli cramps while bathing near Ottawa bridge in the Sheyenne here and dr»wned be fore aid could reach him. He is said to have several relatives in Green Bay and an effort is being nude to lo cate them. Carnations 25c doz. Sat. only. Hos kins. Where Uncle Sam Takes Off His Hat is in respect to the quality of Hughe's breads and bakery pro ducts. Assert your independence and celebrate July 4th by giving them a thorough trial. Our bread, cakes, pies and pastry are made under perfect sanitary conditions, from the best materials and the finest flour, producing a product that is in the highest degree healthful and nutritious, as well as of delicious and appetizing taste. Phone 54 Decision Now at Band Per mits the Building to Proceed LongDrawn OufFigbt Appears To Be Finally Settled la a decision which comes from the supreme court the location of the site for the normal school at Minot ap pears to be settled. The matter has been in the courts for over a year now. People at Minot were unable to agree on a site, and the one selected by the state normal school board is the one settled on by the court. The syllabus is as follows: In the Supreme Court, State of North Dakota, April Term, 1912. C. A. Grow and F. W. Youngman, Plaintiffs and Appellants, vs| E. J. Taylor, et al., Defendants and Re spondents. 1. Where the Board of Normal Trustees of the State of Nprth Dakota passed a resolution to the effect "that the Board proceed to formal ballot for the selection of a cite to contain at least sixty acres of ground, in accord with the legislative act establishing such school. Warranty deeds of the tract selected together with abstract of title showing the property to be free from encumbrances of any. kind or nature to be furnished this board, title in the name of the State of North Dakota, not later than June 27th, same to be presented to the Board at it's Mayville meeting on the date above mentioned, otherwise the location as made under this vote and motion to be null and void and in no wise binding upon this board or the State of North Dakota," said resolution called for and demanded the production of a merchantable abstract of said sixty acres not later than the 27th day of June. 2. An abstract is not merchantable which needs to be supported by parole evidence, and since the abstract in question disclosed the fact that on said tract of land avenues and alleys had been dedicated to the public jind that said avenues and alleys had nev er been revoked, cancelled, vacated or set aside, and also disclosed an un satisfied mortgage upon unrecorded oil and gas leases, such abstract was not a .merchantable or marketable ab stract. 3. The mere fact that a donation or dedication had first been.offered by the citizens of Minot to the poard is of no importance. A donation or dedication, in order to be binding up on the donee or grantee, must be ac cepted. In the case at bar there is no proof of an acceptance, but rather of a counter offer or proposal, which, in turn, the proof does not show to have been accepted by the plaintiffs, by compliance with the terms thereof. 4. Under, the facts disclosed it Is held that a delivery of a deed to one of the members of said Normal Board and the subsequent recording of said deed by the grantors did not consti tute either an acceptance by fulfill ment of the counter-proposal of the board by the donors, or an acceptance by the board itself, it not being shown that the said member had authority to accept the said deed, or that the ab stract demanded had upon its face shown a marketable title, or that the defects therein had been waived, by the said board. ii. In an action to enjoin a board of Trustes from selecting a site for the location of a normal school, and the establishment of such school there on, on account of the alleged fact that said board has already accepted a prior offer for a location, it must be shown that the plaintiffs and objectors have an actual interest in the prior location. Where it is shown that the prior location was offered nominally and generally by the citizens of a town but actually by two persons, and the record discloses that only one of such persons has legal title to the land of fered, and the other merely a specula tive interest in the proceeds of the sale thereof, and in the__advantage to be derived to other property from the location, and such prior person dis misses his appeal, the latter has no privity or mutuality of contract be tween him and the defendant board which"will entitle him to maintain an action of specific performance or such injunction proceedings. (Syllabus by the Court.) Appeal from the District Court of Ward County, Templeton, J. Application for permanent writ of injunction restraining defendants from proceedings to the selection of a certain site for, and the erection of, certain buildings for the Minot Nor mal School. Judgment for the De fendants. Affirmed. E. R. Sinkler, of Minot, N. D., and J. A. Heder, of Minot, N. D., attorneys for appellants. Andrew Miller, Attorney General, and C. L. Young and Alfred Zuger, As sistant Attorneys General, all of Bis marck. N. Dak., for respondents. Opinion by Bruce, J. NEGRO WOMAN LYNCHED. ATLANTA, Ga., June 28.—Ann Pon ton, the negro woman who stabbed and killed Mrs. R. E. Jordan, wife of a prominent planter at Pitiehurst, Ga., yesterday afternoon, and who later was taken from officers at Cordele by a mob, was lynched early this morn ing, according to a long distance tele phone message to a local newspaper. After taking the woman from the officers members of the mob put her in an automobile and set out for Pine hurst. Reaching there, according to the message, the woman was hanged to a tree. Details of the lynching are lacking. BISMARCK DAILY TRIBUNE. COURT SUSTAINS NORMAL BOARD IN THE MINOT SCHOOL SITE It is known, however, that the woman was hanged by a small crowd which followed the sheriff in automobiles after he had thwarted it at the sceae of the murder. Mrs. Jordan, the victim of the en raged negress, was attacked when she had complained of the latter's work. BURIED TODAY Remains Laid Beside Her Husband in the Catholic Cemetery This morning occurred the funeral of Mrs. J. H. Marshall whose death (occurred Saturday evening after a. short illness at the St. Alexius hospi tal. At 9:30 short services were held at the Marshall home on Fourth street, after which the remains were takea to St. Mary's cathedral, the services being conducted by the Rev. Fr. Hilt ner. A large concourse or friends of the deceased and her relatives were in attendance. The funeral was delayed till today awaiting the arrival of Mrs. E. R. Bailey, a sister of the deceased, who came here from her home near Los Angeles. Other relatives of the deceased who were here for Jhe funeral were Mr. and Mrs. Geo. Snyder of Beltrami, Minn., Mr. and Mrs. John Fraser of Minneapolis, and Mrs. John Cochrane of Minneapolis. BANNA HAS A SAFE (Continued From Pace One.) Bessie 46 Oieson 66 Charmley 29 Stutsman 119 Purcell 79 Brown 84 Clendening 35 Mann 159 Anderson 104 Nelson 94. DIVIDE. All but live precincts give Hanna 422 Buchanan 343 Johnson 119. BURKE. Burke county complete gives Bu chanan 287 Hanna 220 Johnson 131. The northwestern part of the state going stronger for Hanna than antici pated. WILLIAMS. With but one precinct to hear from Williams county gives Hanna 586 Buchanan 517, Johnson 176 Devine 159, Norton 537, Simpson 164, Blais dell 244, Davis 153 Henry 521, Hall 660 Miller 404, Shaw 131, Spencer 116, Bessie 552 Gilbreath 697, Hutch inson 520 Oieson 212. Charmley 110, Purcell 309, Stutsman 294, Anderson 423, Brown 211, Clendenning 105, Mann 358, Nelson 217. BILLINGS Thirty five out of 44 counties give Hanna 864, Buchanan 392, Hall lead ing Henry for secretary of state. Simp son will have small majority over Norton for congj «ss. MORTON. All but one precinct.Jn. Hall 1197, Henry 1100 Gilbreath 1433, Hutchin son 809 Simpson 1336, Norton 699, Blaisdell 194 Shaw 1513, Miller 596, Spencer 156, Bessie 167. RETURNS TO DATE. The 1st col. in this table indicates the number of precincts missing in each county, the second Hanna's vote, the third Buchanan's. Adams 1 340 238 Barnes 350 779 Benson Billings 9 864 392 Bottineau Bowman 8 215 383 Burke 220 287 Burleigh 2 817 614 Cass 3 1505 1208 Cavalier Dickey Divide 422 343 Dunn 430 106 Eddy •Emmons .. ........ 2 406 234 Foster .. •_ Grand Fork* .. ..'..' 7. ... Griggs Hettinger 2 646 313 Kidder 4 368 259 La Moure Logan 1 445 1781 McHenry Mcintosh 1 320 459 McKenzie McLean 6 488 568 Mercer 4 400 85 Morton 1 1745 565 Mountrail 3 480 241 Nelson Oliver 1 217 102 Pembina Pierce .. .• Ramsey Ransom Renville 3- 328 332 Richland Rolette Sargent Sheridan 498 274 Stark S50 243 Stutsman Towner Traill 264 923 Walsh Ward 10 532 515 Wells Williams 1 586 517 I S A 14236 10158 Hanna's majority, 4^78 in these counties. f€ +»•+++++»+**0*»*0»0*+0im*mm*m City Naws I I I HERE FROM DAWSON. Hon. E. J. Raymond, of Dawson is spending the day in the exposition city. FROM JAMESTOWN. Judge S. E. Ellsworth of Jamestown was in the city on legal matters yes terday. VISITING HERE. Miss 'Elsie Woodruff of Pingree, is visiting in Bismarck, the guest o£ Miss Opal Titus. TO THE CITIES. D. T. Owens departed the ftrs~t of the week for the Twin Cities, and Chicago on business. 6LOSSON HERE. J. B. Slosson of Mott, secretary of the Missouri Slope Development lea gue, arrived in the city yesterday. DAWSON ATTORNEY. Mr. James Posey, one of the lead ing attorneys at Dawson, N. D., is at tending to legal matters in the city. HERE FROM JAMESTOWN. Geo. W. McFarland of Jamestown, court reported in the fifth judicial dis trict, is spending a few days in the city. HERE FROM AETNA. Oscar Pesonen and wife of Aetna were city arrivals yesterday. Mr. Pe sonen brought in the election returns from his precinct. WILL VISIT EAST. F. E. Galloway, wife and family ar rived in the city from Brittin on last evening's Soo. Mrs. Galloway and the 'udor PORCH SHADES "BLIGHTED LIVES The black souls of some white men. "LOST YEARS" A drama timely at all times, TEMPTED Bl/T TRUE King Baggot the Imp. Co. Geat Actor at his very best. "SAVED 3Y A CAB Automatic doors and an old maids cat play important roles in this picture TWO SONGS "My HulaHulaLove" "Because I am in Love With You" Mon. and Tues: Don't fail to see "The Cry of the Child ren" as heard by Theodore Roosevelt. a in 3:3 0 5 a lOc children will leave today for the east where they will spend the summer. Mr. Galloway reports the crop condi tions in"* has section of the county as never better. TOOK UP BONDS. The county treasurers^ office today paid $48,0-00.00 of Burleipji County bonds held by the Chase National Bank of Mew York Oity. This leaves th bonjied indebtedness of the coun ty $116,000. WENT TO FARGO. Senator E. S. Neal left this morn ing for Fargo, where he expects to remain for some time, as his mother in-law is seriously ill. He will prob ably take a trip east before returning io the slope. LARCENY CHARGED. Criminal complaint was filed with Justice Pierce yesterday by John Ma nigo, charging Hans Olson with the crime of larceny. Both parties live in Lyman township. The hearing will be held at the court house this after noon. AT THE HOSPITALS. The following were today's arrivals at the local hospitals: Milton Myeirs of Crystal Springs Mrs. Sebastian Dosch, Balfour Claude Fox, Steele Mrs. L. J. Grimm, Napoleon Mrs. Anna Urvlg, Kintyre Mrs. 'Ed. Lebe doff. Crystal Springs Rev. William Klein, Rosebud Lucile Allen. Brad dock Mrs. Eevers, Jamestown. COCTTUTTLE HERE. Col. W. P. Tuttle returned to Bis marck today after a thorough cam paign male over the entire second congressional district prior to the pri mary election. Returns show that the Colonel has a safe lead for the nomi- Vudor Porch Shades shut out the hot glare of the san, yet they admit the cool breeze and light, and by their peculiar construc tion permit those on the inside looking out, while those on the 'outside cannot see inside. Vudorize Your Porch, live out of doors as it were, serve your mid-day and evening meals out on the porch in the fresh air with the music of the birds, take your sewing out on the porch, sleep out on the porch, in fact move out there and live there during the hot weather, you will enjoy it, it will rest you and you can do your work better. Vudor Porch Shades will last several seasons, the color does not fade and they are inexpensive. 20 Per cent discount on Hammocks, Porch Swings, Settees Old Hickory Porch Furniture, Etc. A. W LUCA S COMPANY 33 Vudorize Your Porch MVH E A 33 E nation, and while he naturally feels elated _over his excellent showing he is not making any boasts, but on the other hand is viewing the later returns as is many other spectators. JUDGE BUTTZ HERE. Among the visitors in the capital city today is C. W. Buttz of Minne waukan. Mr. Buttz was appointed by Governor Burke as judge of_the sec ond district during the impeachment trial of Judge Cowan, and during the primary election was a candidate against Cowan, and the returns indi cate that he has defeated Cowan for the nomination by a large majority. MET AT DEVILS LAKE. Fa.-mers' Mutual Cyclone Insurance Company to Be Organized Next Month. The main feature of the fourth an nual meeting of the North Dakota Farmers' Mutual Insurance associa tion to be held at Devils Lake Tues day and Wednesday, July 9 and 10, will be the organization of a State Farmers' Mutual Cyclone Insurance company. The meeting will be called to order on the morning of July 9 at 10 o'clock, and the session will include the ad dress of President J. L. Gorder, of Carbury on business matters. The organization of the hail insur ance company will occur that after noon, and there will be addresses by W. D. Moseley, O. S. Hall, O. H. Ol son and W. C. Taylor, state insurance commissioner. Wednesday's speakers are E. H. Restemeyer, M. D. Williams, George Dickinson, J. L. Gorder, O. G. Nel son, E. A. Erickson and I. Johnson. Carnations 25c doz. Sat. only. Hos kins. Live out of doors—get all the breeze blowing, don't live inside where ii is hot and stuffy 8