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B18MARCK TRIBUNE COMPANY Every Evening, except Sunday, and Weekly- Publication Office: 100 FOURTH ST., COR. BROADWAY. Dully established 1881 Weekly 1873. BY MARSHALL H. JEWELL. Oldest in State. Subscription Rates: Dally by carrier 50 cents a month Dally by mail $4 per year Weekly by mall $1-50 per year All papers are continued until an ex plicit order to discontinue is received, and until all arrearages are paid. Correspondents wanted in every city, town and precinct in the western part of the state. No attention paid to anonymous con tributions. Writer's name must be known to the editor, but not necessarily for publication. Manuscripts offerea tor publication will he returned if not available. Communi cations for the Weekly Tribune should reach this office not later than Tuesday of each week to insure publication in the current issue. Foreign Advertising representatives: Payne & Young, Chicago office, 748 Mar quette Bldg New York office, 1204 Fifth Avenue. OFFICIAL PAPER OF BURLEIGH COUNTY. OFFICIAL PAPER OF CITY OF BISMARCK. Entered at the post office at Bismarck, M. D., as second-class matter under Act of Congress of March 3. 1879. Member of Associated Press. SATURDAY, JUNE 29, 1912. SECOND ANNUAL NORTH DA KOTA INDUSTRIAL EXPOSI TION, BISMARCK. OCTOBER 1 %^TJQ-13, 1912. .j. «. It didn't take the Courier-News long to find an excuse. It casts a reflec tion on the German votes of the Mis souri slope by saying that the resub mission matter showed its hand in the vote for governor, and that Mr. Han na received a large vote because the Germans knew that Buchanan was positively against the initiative and referendum which if enacted might hasten the resubmission matter to a vote of the people. As a matter of fact resubmission was not thought of in the counties of the slope when the people went to the primary polls. It was the new settlers that helped to give Mr. L. B. Hanna that mag nificent support in this section, and It was given him as a return compli ment for the excellent results he ac complished in causing the new home stead bill to become a law, which Will be such a buon to those sturdy people building homes in the newer section of the commonwealth. The exceedingly light vote which Al fred Blaisdell received all over the third district is a surprise to his friends who, judging from the large amount of sentiment that apparently favored him prior to the primaries, led them to believe he had a show to land the nomination or at least be designated by the second choice vote. The Tribune though it is published in another district, has a large circula tion in the third district, and while it was considered a Simpson paper it was friendly to Alfred's condidacy to a certain extent. However, there are those who account for Blaisdell's small vote by claiming that he failed to support the entire republican state ticket two years ago and that some of the voters of the third district took an opportunity to play even by turning the tables. In .spite of the fact that Cass coun and other counties in the valley have occasionally vaken opportunity to oppose the slope and the state ex position the slope came to the front magnificently when its favorite son needed votes in the great political contest just ended. The slope coun ties ha.ve always been loyal and are not quite so narrow between their optics on matters of general interest as some of the eastern counties have proven to have been in the past. Morton county is another loyal county of the slope, and the people of the domain across the river are to day pointing with price to the magni ficent majority given Mr. Hanna in his candidacy for governor. The peo ple over there proved beyond a doubt that they placed their trust in a man who is best capable of protecting their interests. The Courier-News is begging for peace. It was the Courier-News that started a great portion of the politi cal tumult in the state with its daily distortions, and the old bird will pro bably have to lie in tlje nest it has befouled. We haven't heard of any quarter that will be given the C.-N. Compare the corrupt practice law with some of the tacticfe, used in the primary election just past and see how much use the reformers have for the laws of the state. Early in the primary campaign it was outlined by the Tribune that the political power of the state was mov- ing west, and the slope counties were in full swing. It requires but a cas ual perusal of the returns to prove that this i3 true. *0***+++m**s+****-mr-+9**++*r4 News of the State Dickinson will not celebrate the courth. Fessenden has established a civic playgorund. Dickinson's first public playground was opened this weeK. The McHenry Tribune has installed a new cylinder press. New Rockford will elect its first city officers the coming week. The corrupt practice act proved it self to be a great piece of legislation. Twenty-five counties will be repre sented in the summer school college at Grand Forks this summer. During the past year the Dickinson creamery has paid out over $7,800 to the farmers in that vicinity for milk and cream. A. One of the close races in Stark county was that of the county judge. "Dad"' Carter seems to have lost by a small margin. —. .— Some of the newspapers have dis covered that the law fixing the price of political announcements was a fool piece of legislation. A Jamestown will have a big meeting of the Eagles during the early part of July. There will be three bands for the blow out there. Some idea of how well Simpson stands in his home county can be gained by the large vote lie received in his candidacy for congress. The people of North Dakota do not go wild altogether in casting their vote. They voted for Hanna for gov ernor because they knew he repre sented their best interests. »A» The Walhalla Mountaineer didn't like the idea of the Pembina county commissioners selling the old court house building for $900 when it could have been remodeled for a poor house. A By nominating L. B. Hanna as the republican candidate for governor the people of North Dakota have endors ed a splendid type of a man who has always made the interests of North Dakota a paramount issue. State of North Dakota, County of Burleigh, in County Court, before Hon. M. J. McKenize, Judge. In the matter of the estate of Annie Marshall, deceased. Alexander F. McDonald, Petitioner, Citation Hearing Proof of Will, vs Isabelle J. McLeed, George Marshall, Mrs. Helen Bailey. Mrs. Belle Snyder, Margaret B. McDonald, Mrs. Annie Fraser, Dan Marshall, Mrs. Hannah Thompson, Annie McDonald, Angus McDonald, Annie M. Marshall Whit more. Bessie Marshall, Bessie May Thompson, Helen Fraser, Mary Fras er Cochran, Arthur Thompson, Cassie McDonald. Ethel McDonald, Nellie Snyder, Lucy Snyder. May McDonald, Flora McDonald and St. Mary's Cath olic Church of Bismarck, North Da kota, and all other persons interested, Respondent*. The State of North Dakota, To the above named respondents and all per sons interested in the Estate of Annie Marshall, deceased: You and each of you are hereby no tified that Alexander F. McDonald, the petitioner herein, has filed in this court a document in writing, purport ing to be the Last Will and Testament of Annie Marshall, late of the City of Bismarck in the County of Burleigh and State of North Dakota, deceased, with his petition, praying for the ad mission to probate of said document as the last Will and Testament of said, deceased, and for the issuance to J. Leonard l?ell of letters testamen tary thereon, and that the said peti tion and the proofs of said purported Will and Testament will be heard and duly considered by this courFon Mon day, the 5th day of August, A. D., 1912, at 10 clock in the forenoon of that day. at the "court rooms of this court, in the County Court House, in the City of Bismarck, County of Bur leigh and State of North Dakota and You and each of you are hereby cit ea to be and appear before this court at said time and place and answer said petition and ghow cause, if any thereby, why the prayer of said peti tion should not be granted. BY the COURT. (Seal of County Court) M. J. McKINZIE, Judge of the County Court. Dated the 29th day of June. A. P. 1912. Let the foregoing citation be serv ed by serving personally the respond ents named therein who live and are within the State of North Dakota and let the said citation be served upon those respondents without the State of North Dakota by mailing them a copy of said citation and publishing said citation once a week for*three successive weeks in the Bismarck Daily Tribune, a newspaper published daily except Sunday at Bismarck, Bur leigh County, North Dakota. 'Seal of County Court.) M. J. McKINZIE, Judge of the County Court. IQB PR1NTINP In All Its Branches BISMARCK TRIBUNE CO. TODAY IN HISTORY. .-. 1825—Gen. Lafayette laid the corner stone for the new university build ing at Burlington, Vt. 1837—Nathaniel Bacon, Speaker of the national house of representa tives 1801-7, died in Warren county, North Carolina Born there Dec. 17, 1757. 1852—Henry Clay, American states man died. Born April 12, 1777. 1861—Elizabeth Barrett Browning, famous poetess, died. Born March 5, 1806. 1871—British Columbia entered the Dominion of Canada. 1892—Rev. John S. Michaud conse crated bishop of the Roman Cath olic diocese of Burlington, Vt. ,j. .j. .j. B» BIRTHDAY ANNIVERSARY Gen. Sir Percy Lake Maj. Gen. Sir Percy Lake, the dis tinguished British army officer who served for some years as Inpector Generaj of the Canadian militia, was born June 29, 1855, and began his military career in 1873. He served with distinction in the Affeghan War of 1878-9 and in the Soudan Expedi tion in 1885. He was sent to Canada by the Imperial Government in 1893 as Quartermaster-General and later became Chief of the General Staff of the Canadian militia. General Lake's term of office in Canada expired in 1910, since which time he has been a Division Commander of the forces in India. Congratulations to William E. Borah, United States senator from Idaho, 47 years o.ld today. Major George W. Goethals, chief en gineer of the Panama canal com mission, 54 years old today George W. Stevens, president of the Chesapeake and Ohio Railway, 61 years old today. Rt. Rev. William D. Walker, P. E. bishop of Western New York, 73 years old to day. SUNDAY IN HISTORY •s •*4 1520—Montezuma II.. the last of the Aztec emperors, killed. Born about 1480. 1775—Committee of Safety appointed in Philadelphia, with Benjamin Franklin president. 1817—President James Monroe visit ed Rhode Island, arriving at Provi dence. 1827—First theatre in St. Louis open ed. 1850—Rev. Joseph S. Alemany conse crated Roman Catholic bishop of Monterey, Cal. 1863—The Confederates evacuated Carlisle, Pa". 1882—Execution of Charles Guiteau, the assassin of President Garfield. 1891—First passenger train ascended Pike's Peak. SUNDAY BIRTHDAY ANNIVERSARY «j» »Jr *j» «j» »j» •j* »J» Sir Ernest Satow, for many years one of the foremost members of the British diplomatic service, was born June 30, 1843. He finished his educa tion at University College, London, in 1861 and the same year entered the Japanese consular service as student inte.perter. In 1868 he be came Japanese secretary of the Brit ish legation and in subsequent years he represented Great Britain in Siam, Uruguay, Morocoo and Japan. As the British Minister to China, to which post he was appointed in 1900, Sir Ernest added largely to his repu tation as a diplomat by the able man ner in which he protected British residents and British interests during the Boxer rising. Congratulations to: Captain William P. Caperton, U. S. N., 57 years old today. Thomas B. Doolittle, inventor of the telephone switchboard, 73 years old today. Adrian H. Joline, noted financier and former president of the Missouri, Kansas and Texas Railroad, 62 years old today. Notice to Construct Sidewalks. To Each of the Owners and Occupants of the Respective Premises Herein after Described. Whereas, the City Council of the City of Bismarck deem it necessary to construct a sidewalk in front of, or along, each of the following described premises as herein set forth, to-wit: Along the East side of Lots 2, 3 and 4 of Block 18 in Northern Pacific Ad dition to the City of Bismarck Along the west side of lots 7, 8, 9, 10, 11 and 12 of Block 44, Northern Pacific Sec ond Addition. Along the south side of lot 17, block 65, of McKenzie and Coffin's Addition, and have directed the City Auditor to notify you, and each of you, as provided by law, to construct such Sidewalk in front ot or along said premises which are owned or occupied by you respective ly, at your own expense Now, Therefore, you and each of you are hereby notified and required t« construct such Sidewalk in front of or along, as above set forth," the premises hereinbefore described, which are owned by you, subject to the approval of the City Engineer, and In strict accordance with ordin ances now in force and effect, at your own expense, within 20 days after the date of this notice and if you fail to so construct the same, such Side walk will be constructed by the con tractor employed by the City for that purpose, and the expense thereof will be assessed against said premises. You are required by said ordinance, before commencing work on such Sidewalk, to make application to the City 'Engineer for Jine and grade of walk and for a permit to construct the same. Dated. Bismarck. N. D.. .Tun? 26. •912. R. H. Thistlewaite. Citv Auditor. Citv ot Bismarck, N. D. WASHINGTON, D. C, June 29.— With the close of the two weeks' head line engagements played by the presi dential nominating conventions, State politics will now have an opportunity to do a turn on the political stage. While the leaders in the national con tests are pausing for breath after the strenuous times in Chicago and Balti more, the politicians in a number of the States will come together to nom inate candidates or otherwise prepare for the State campaigns this fall. Ohio's Republican State convention which adjourned early in June after awarding President Taft the six dele gates at large to the national conven tion, will reconvene Tuesday to nom inate a State ticket. In Pennsylvan ia the Keystone party, made up of the so-called reform element of the two leading parties, will meet in conven tion in Harrisburg to decide whether to put a Keystone ticket in the field or indorse the candidates of the older parties. In South Dakota, where the nominations are 'made by primary, State conventions will be held for pro mulgating platforms and naming can didates for presidential electors. President Taft has accepted an invi tation to visit Philadelphia Monday to attend the annual saengerfest of the Norweigian Saengerbund. Some two hundred of the principal cities of the United States, according to reports, have decided to adopt the "safe and sane" plan for the celebra tion of the national independence day next Thursday. The substitution of musical festivals, historical pageants an doutdoor sports for the dangerous firecracker and toy pistol is expected to result in a material reduction of the number of casualties that has 1 The Churches ST. GEORGE'S CHURCH. EPISOPAL. Cor. 3rd Street and Thayer Avenue, Rev Lewis Wilford, Rector, Resi dence 220 4th Street, Phone 191-K. Hours of service: 11:00 A. M. Holy Communion (Sec ond and fourth Sundays). 11:00 A. M. Wattina with Sermon. (First and third Sundays.) Saints Days and other days of ob ligation: Holy Communion 9 A. M., unless otherwise announced. When there are five Sundays in the month the hour of service is changed. On the fifth Sunday of the month therefore instead of the regular morn ing service there will be a Vesper service with sermon at 8:00 P. M. First Baptich Church. B. E. Jackson, Pastor. Morning service, 10:45*, Mrs. W. W. Tousley will talk on the Working Girl Problem. Sunday school at 12. A class for ev eryone. Practical teaching for all. Young Peoples meeting at 7:00. A live topic with an interesting discus sion. No evening service. Strangers and non-church goers are cordially asked to help us in all our services. Swedish Lutheran. Services will be held in the court house Sunday, June 30. Morning service at 10:30. Sunday school at 12 and evening service at 8 o'clock. All Scandinavians are cordially in vited. NEWS FORECAST FOR THE COMING WEEK ST. MARY'S CATHEDRAL. 8:00 a. m.—Early mass. 10:00 a. m.—High mass. 2:00 p. m.—Sunday school. 7:30 p. m—Vespers and Benedic- REV. M. J. HILTNER, Rector. McCabe Methodist Church. 10:30 a. m.—Sermon by Rev. San ford. 12:10 p. m.—Sunday School. 3:00 p. m.—Junior League. 7:00 p. m.—EpwdVth League. 8:00 p. m.—Sermon by Rev. San ford. E. F. ALFSON, Pastor. ADVERTISED LIST. Briggs, R. L. Bran, May. Bigsby, Mirto. Boespflu, Jennie. Green, E. R. Cannon, P. J. Conobiy, P. M. Casselman, H. W. Carlson, Alfred. Donaldson, W. A. Deversell, Mrs. Ed. Feldman, Regina. Henlend, John. Hubert. A. B. Hopkins, Mrs. R. J. (2) Harrison, Joe. Jenkins, J. P. Johnson, John O. Keuther, Bertha. King, Bruce. Lenblum, Charles. Lott, W. D. Murray, Patrick J. Olafson, Karl. Peterson, Elmer. Row. Mike. Smith. Mrs. Belle. Schulsner. Otto. Shelley, L. H. Schmidt, F. R. Thomcy, Mr. Walvoord. Willis. Wright, John H. This list will be held two weeks. When calling please sav advertised. AGATHA G. PATTERSON, P. M. Notice! After the Fourth our store will close each evening at 6 o'clock, ex cepting Wednesday and Saturday nights. S. E. BERGESON & SON. marked the celebration of the Fourth in previous years. The conference committee of man agers of fifty Eastern railroads will meet in New York Monday with rep resentatives of the Brotherhood of Locomotive Firemen and Enginemen to discuss the recent demands of that organization for increases in pay a mounting to $25,000,000 annually. The Department of Agriculture's estimate of the acreage planted to cot ton in the United States will be issued at noon Wednesday, with the monthly report showing the condition of cot ton on June 25. The wedding of Mrs. Nellie Grant Sartoris, only daughter of Gen. U, S. Grant, and Frank H. Jones, former Assistant Postmaster General, is to take place Thursday at the summer home of the bride-elect in Coburg, Ont. The memorial to the late Right Hon. Cecil Rhodes, recently completed on the side of Table Mountain, near Cape Town, will be dedicated by Earl Grey on Friday, which will be the annivers ary of the late Mr. Rhode's birth. Friday is the day fixed for the dedi cation of the Champlain memorial at Crown Point, and on the following day a similar memorial to the great French explorer is to be dedicated at Plattsburgh. Other interesting events of the week include the beginning of the Olympic games at Stockholm, the an nual celebration of Dominion Day throughout Canada, the Royal Henley Regatta, which is to be attended for the first time by the King and Queen, the assembling in London of the Con gress of the universities of the Em pire, and the meeting in Chicago of toe fiftieth annual convention of the National Education Association. **rmr4H*r*»4+4*0+t4*tsw, Communication Editor Tribune: I would like to cor rect the statement made in the Tri bune of June 21. I was at my farm on the afternoon uf June 20, and conning home I had to cross the Soo track, and the Soo train was coming from the south down grade and was run ning from 45 to 50 miles an hour, and when I was about 8 feet from the track I was going about 15 miles an hour, and I heard some noise of the train, but I did not hear the engine whistle until I saw the train. I think the train went just as fast as the sound of that whistle, then I looked south where the train was and I saw it and the train was 35 or 40 feet from me. The train reached the crossing quicker than I could it was too short a time for me to reverse the lever on my auto and I struck the tender of the engine with my auto, and from 30 odd feet or more from where I was there was a fence post about 6x8 Inches close to the track leaning put and my auto was* thrown against that post and knocked the post out of the ground and broke an other post. My auto and 1 were thrown about fifty feet from where the engine struck me and the auto was turned over on my leg and I pulled my leg out and I got up and I looked at my auto there was one wheel knocked clear out and the axle was broke off and the other axle was bent and the one wheel had all the spokes knocked out, and the auto was smashed in bad shape and one wheel was thrown about 100 feet down the track, and I stoojj there and looked at it, and Supt. Derrick and two other men came where I was, and Mr. Der rick asked me how bad I was hurt, and I told him that I was badly hurt on one side and he told me the best thing that I could do was to come to his car and he asked those two men to help me to the car. and I told Mr. Derrick that I would rather walk alone, and when I came to the step of his car he there told the men to help me up the steps of the car and I told them I would rather try and go myself and I vent up and I sit down in a chair, and Mr. Derrick said was the luckiest man that he had ever seen. He said that, there wa? not one man in a thousand who had went through what I did but would have been killed that he expected to pick up a corpse instead of a live man. Then he told me when I came to Bismarck to go to the hospital so soon as I could I got out of the car and walked to my office alone, and I changed my clothes and went to the hospital alone, then I asked the Sis ters to telephone to Dr. Quain to come and dress me and in about five minutes Dr. Quain came and he look ed me over and otld me was more than a lucky man. I had several bad bruises and three ribs broken. To day I am resting pretty easy. Respectfully, JOHN P. HOAGLAND. Notice to Retract. The Tribune has received a notice from W. L. Nuessle to retract certain statements, made in a clipping that was copied from the columns of the Washburn Leader at a recent date. Mr. Nuessle says that the statement that he maintained several offices as a United States commissioner at one and the same time and that the ar rangements were so made in order that he might make excessive charge^ to homesteaders while making final proofs is false and without foundation and he also denies that he was re moved from office after an investiga tion by the government. Inasmuch as the Tribune printed the article refer red to we are at the request of the gentleman giving him space to make denials of the same. The authorities put a stop to the performances given by Griffith, the hypnotist, considering that the hu mane laws were being violated. LEAGUE HAD A Officers Reports Hade a Good Showing and Tax Levy Upheld The officers and directors of the Missouri Slope Development League met last .evening at the Commercial Club rooms pursuant to a call from President Klein. After the reading of the minutes and of a report of the finances from the treasurer and from the secretary, the matter, of progress in the various counties was looked into and discussed, with a result that was very gratifying an£ which insur es the complete success of the un dertaking. Petitions have been signed in all the counties requesting their commis sioners to levy the guarter mill tax for the support of the work, and most of the leagues report their petitions amply signed and ready for presenta tion the first week in July. Through the written opinion of the Attorney General wherein he states that the Coamisisoners in each county may anticipate the funds to be derived through this levy and advance a por tion at once, the securing of immedi ate funds to commence the active cam paign is certain, for the county com missioners as well as the people of the Slope plainly see the fairness and the certainty this plan of funding. The matter of agriculture street fairs in the slope counties was discussed at length and appeared to meet the ap proval of all as an excellent way of securing the best possible products of the slope for exhibit purposes and of interesting the farmers in raising such. The extra care applied to rais ing exhibit material applied to the entire farm will revolutionize the manner of farming on the Slope and will raise it to a place which it has never before reached. The secretary was instructed to write the secretar ies of each of the county leagues, urg ing them to give the people of their county ample opportunity to sign the petitions to the commissioners show ing that a large majority of the people of the slope are thoroughly interested in and want to forward this great movement he was also instructed to write the county commissioners of each county thoroughly explaining each and every detail of the plan so that they will know just .what they are setting aside this money for and 1 through a complete understanding of the plan they can 50* the great good to be accomplished by these sisteen county leagues in a systematic com bined effort to get what is ours by right. On the whole it was a very success ful meeting and those present went away with the feeling that a great deal has been accomplished since the work was started that the organiza tion of the County Leagues has been well handled and very economically best of all everyone felt that at this period of the work we are on down grade and a straight track" ahead. BANK JURY'S SUGGESTIONS. Says the Number of Federal Examin ers Are Insufficient. BINGHAMTON, June 29.—The Unit-! ed States grand jury presented to the court a resolution to the effect that the revelations in the New Berlin bank disclosed the fact that existing methods of national bank examina-j tions were faulty that perfunctory 1 examinations should he condemned 1 that the number of bank examiners. are insufficient, and the method of, compensation is certain to effect the character of the examination. AVIATOR KILLED. MULHAUSEN, Germany, June 29. —Scbat, an aviator, was killed here while testing a military aeroplane, when it took a curve roo sharply, and tne machine fell crushing him. Liverpool Also Honors Rostron. LIVERPOOL, Eng.. June 29.—Capt. A. H. Rostron of the Carpathia, re ceived a gold medal and an illumin ated address of thanks presented by the city of Liverpool in recognition of his work in rescuing the survivors of the White Star liner Titanic. *S4*4+4*+4+4h**44**4+4»94*h*****4***4*4»4r»*4P4}'4*4ri4*Oi4*' The Markets MINNEAPOLIS. (Close) Wheat—1 hard 1.13 1 northern 1.12 1-2 arrive 1.12 1-2 2 northern 1.11 arrive 1.11 3 wheat 1.08 1-2A to .09 1-2 -. Durum 1.07 .arrive 1.07 2 Durum 1.04 arrive 1.04. Corn—3 73 1-2 A to 74 arrive 73 4 corn 68 A to 70. Oats—3 W O 49 1-2 A to 49 S-4 3 oats 46 A to 48. Barley—55 A to 95. Rye—70 A to 70 1-2 arrive 70. Flax—2.20 A to 2.21 arrive 2.20 July 1.10 1-2 Sept. 1.07 7-8 Dec. 1.07 7-8. DULUTH. (Close) Wheat—July 1.11 3-4 bid Sept. 1.08 1-4 bid 1 hard on track 1.13 3-4 1 northern on track 1.12 3-4 2 north ern 1.09 34 to 1.10 3-4 Spot Durum No. 1 1.11 No. 2 1.06 to arrive Du rum No. 1 1.11 No. 2 1.06 July 1.11A, Sept. 1.05 N. Oats—On track 49 5-8 oats to ar rive none. Rye—On track and arrive 68. Barley—On track 50 to 95. Flax—On track 2.23 Flax to arrive 2.23 June 2.23 N July 2.23 Sept. 2.03 Oct. 1.90 1-2 high July 1.12 1-7 low 1.11 1-2. KMI7 The LeadingGrocer Nothing but first-class Goods Everything the Market Affords. Spring Lamb and Veal Spiced Holland Herring Clam Chowder Kippered Herring Snow Flake Cod Pimento Cheese Pinxter Holland Camambert Saratoga Chips *+04*+»**0*r+*r++*4*i-o+i+*0+ Supreme Court State of North Dakota, in the Su preme Court, April 1912 Term. The Union National Bank of Grand Forks, Plaintiff and Respondent, vs. George W. Ryan, Defendant and Ap pellant. 1. Under Section 6796, R. C. 1905, the absence of the judgment debtor from this state tells the statute of limitations found at Section 6786 R. L. 1905, and the judgment, though dormant so far as it relates to liens and for the purposes of execution, is not dead, and will support an action against the judgment debtor after ten years have elapsed. 2. Sections 7083-4 R. C. 1905 did not repeal Section 5796 R. C. 1905, but provided for a concurrent remedy. The judgment creditor may renew his judgment by either affidavit or by ac tion jf he pursue the remedies provid ed by said sections. (Syllabus by the court. Appeal from the district court of Pembina county, Burr, J. Affirmed. H. B. Spiller, of Pembina, for re spondent. Guy C.'H. Corliss, of Portland, Ore., fro appellant. Opinion by Burke, J. In the Supreme Court, State of North Dakota. April, 1912, Term. John Leslie Paper Company, A Cor poration, Appellant, vs. George A. Wheeler, doing business as George A. Wheeler & Co., Respond ent. 1. A discharge in bankruptcy leaves intact all items exceut those specially stricken down by the bank ruptcy act, the effect of a discharge being to release the personal liabiliay only. Such discharge does not affect vested liens upon property acquired more than four months prior to the proceeding in bankruptcy and the same may be enforced after a dis charge is granted. 2. Chapter 125, Session laws 1905, construed and held, that the legislat ive intent in the enactment thereof was merely to authorize the cancella tion and satisfaction of record of such judgments only as are affected by the dischrge in bankruptcy. The legis lative purpose was merely to give rec ord notice that judgments extinguish ed by the bankruptcy proceedings no longer have any vitality to attach as liens to real estate subsequently ac quired. 3. Whether the lots described were and are defendant's homestead, and therefore not subject to the lien of plaintiff's judgment, must be determ ined in an appropriate action and not on motion by affidavits. (Syllabus by the court.) Appeal from district court, Grand Forks county Charles F. Templeton, J. From an order directing the concei lation of a judgment against defend ant and owned by plaintiff, the latter appeals. Reversed. W. J. Mayor, of Grand Forks, N. D., for appellant. No appearance by respondent. Opinion by Fisk, J. Strawberries Western Berries Per Crate $1.65 Bananas 2 doz. 25c Cherries qt box 20c Watermelons lb. 3c Open Evenings Until 6:30 McCONKEY'S "Where Date Ooes Farthest" Phone 209 120 Sixth St.