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The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, August 01, 1923, Image 2

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PAGE TWO
BEST FRIEND
OFJNDIAN
Major McLaughlin Paid High
Tribute by D. F. Barry
Major James H. McLaughlin, who
will be buried at McLaughlin, South
Dakota, Friday probably was the
greatest friend the Indians ever
knew, D. F. Barry, pioneer photo
grapher now a resident of Superior,
Wis., told the Duluth News-Tribune.
That paper says:
Maj. Janies 11. McLnughlin, 81,
famous Indian cluim agent far the
government, who died at Washing
ton, D. Saturday, was a friend of
D. F. Barry, Superior photographer.
Major McLaughlin and Mr. Barry,
knew each other since 1880. They
became acquainted at StnndingTock,
N. D., noted Indian reservation.
"Major McLaughlin was a great
man probably the greatest friend i
the Indian has ever had," said Mr.
Barry, Sunday, “lie knew every In
dian chief at every agency in the
United States and was popular with
every tribe of Indians."
Mr. Barry stated that he was n
close friend of Major McLaughlin all
the time they were stationed at
Standing Hock. For the lust few!
years the two have kept up a con
stant correspondence, Mr. Barry hear
ing from the Indian agent only four
weeks ago.
When Major McLnughlin visited
the Twin Ports he would call on Mr.
Barry. The last time he was here
was in the spring of 1015, Mr. Barry
said. At that time he was guest of
honor at a banquet at the Kitchl
(iainitii club, Duluth. Many of Major
MeLupghlin.’? personal friends ut
tcr/ded. Among them were G. A.
Tomlinson, Milie Bunnell, Henry
Seitz and the late Charles Marshal.
According to information just re
ceived by Mr. Barry, Major McLaugh
lin will be buried at McLaughlin, S.
I)., which place wus named after him.
He has two sons, Churles and Sibley,
living there besides his widow, he
said.
MANDAN NEWS
Anton Schlinger
Dies of Pneumonia
Anton Schlinger, aged 30, farmer in
the St. Anthony district, died at 5:30
o’clock Monday afternoon of pneu
monia after a brief illness.
He was born in Austria and came
to this country as a boy having made
his home in the St. Anthony com
munity in Morton county where he
has been farming for the last ten
years. Hia death is mourned by a
large circle of friends.
His widow, two children, of St.
Anthony, one brother, John, now in
the U. S. Navy, and six sisters sur
vive. They are Mrs. Paul Wohkittel
and Mrs. Mike Gish of Mandan; Mrs.
J. Deringer and Mrs. J. Smith of Bis
marck; Mrs. Andrew Miller, St. An
thony, and Mrs. H. B. Lahman of
Odense.
Funeral services were held at 10
o’clock this morning from the St.
Anthony Catholic church, interment
taking place in the cemetery there.
Board of Education
Holds Meeting
Members of the city board of edu
cation held a final meeting with Ar
chitect Gilbert Horton of Jamestown
today to discuss plans for the new
high school. The architect has been
making some minor changes in the
plans and drawing up a Bet of speci
fications and it is expected that final
approval will be given by the board.
. Immediately following the approval
of plans the board will call for bids,
which, received within a month prob
ably will result in the ' foundation*
and masonry work being well under
-Way before freezing weather sets in*
W. C. Green, Kargo, lieutenant
governor of the Kiwanis club for
North Dakota,, wus enthusiastically
received by the local Kiwanis club
yesterday at a luncheon. He urged the
local club to join the North Dakota
caravan of automobiles to tho Wa
.tertown, S. D., convention and to be
'represented there, August 9, 10.
- Miss who has been
visiting at her sister,
Mrs. W. H. Monday for
-Evanston, lll.,'Where she will take up
> the study of photography.
Mrs. Fred Stabler and children who
rjiave been visiting with relatives for
the past two weeks left last night
for their home in Oakland, Calif,
Jennie Boehm, sister of Mrs.
Stabler will accompany them and will
„visit there for some time.
; Robert Rowley who has been spend
ing the past two moothß in Edgely, N.
Dak., came to Mandan Monday for a
home of his father, Dr.
B. Dr v
| A Thought 1
♦ *
-Finally, brethren, whatsoever things
are true, whatsoever things are hon
est, whatsoever things are Just, what
soever things are pure, whatsoever
.thing* are lovely, Whatsoever things
ifer* nf'goed report; if there he any
virtue,, and V there be any praise,
;:thll|fc:*M» these things^- PUI. 4:8.
- To praise good actions with sincer
ity-may he said to be taking part in
-Rochefoucauld.
Barking of a dog can be heard
a
Petticoats Shouldn’t Bar You From Success
They Didn't Hinder San Francisco's First
Woman v City Attorney in Her Climb
From Poverty
San Francisco, Aug. 1. —The lad
der of success, to Mrs. Mary Rantz
Schwab, has been a series of strug-
Kl es and discouragements all the way
up from poverty.
Now, well on the way' in her up
ward climb to a set goal, Mrs. Schwab
sits at her desk as the first woman
assistant city attorney of San Fran
cisco and expounds this lesson from
her experience:
"Petticoats don’t get in the way of
a woman who really wants to suc
ceed.” ,
It's an even fight, she concludes,
with man and woman on equal
terms.
"It is not u ‘man’s world,*" she
explains. “If a woman has equal
determination, she has as good a
chance to win as has a man.
"But she must have patience and
the ability to keep the one goal in
view. Neither man nor woman has
the right to expect success without
effort, which may extend through
years.”
Feminine Throughout
The fqrceful personality of San
Francisco’s assistant city attorney
confirms this opinion. Mrs. Schwab’s
attire is essentially feminine. Her
brown hair is bobbed. Yet her fea
tures display that enviable character
istic of aggressiveness that has
brought her up to her present
height. I
From childhood, she hoped for
success as an attorney. Now that
she has tasted of it, she intends to
continue her way upward in the law,
with the hope ultimately to perforin
some big social service.
ADVENTURE OF
THE TWINS
By Olive Roberts Barton
NANCY and Nick and Mister Sky
Bow slipped on a lot of banana skins
the bad old wizard threw down and
things did look bad for a minute.
The Twins remembered what Sky
Bow had told them. This. That if
the wizard (Cross Putch his name
was) saw them first, he would grab
his magic stick and say a charm and
turn them all into worms.
“Goodness!" thought Nancy when
she felt herself falling. "I’ll soon be
a worm. I wonder whether I’ll be
turned into aa earth worm or a fuzzy
one.”
And Nick was tninking the same
thing.
But Mister Sky Bow, smart little
fellow, wasn’t thinking of anything
so silly! He was thinking, “Just as
soon as old Cross Patch reaches for
his magic stick there on the table,
I’m going to grab him abound the
shins and do a little magic work my
self." 1
And he watched and watched.
Sure enough! Just as old Cross
CANINE KINGS IN THEIROWN SPORT OF KINGS
AtlqUcClty. They.,, much Ilk, k.r U «««,,.«,
thl.Mr™ cJU ke SS? th. SS khowu rtWT. wfe. on. do, .tact matt, . cnwwTTE
MRS. MARY -RANTZ SCHWAB
Mrs. Schwab’s yearning to become
of real social service to humanity
springs from her own bitter expe
riences since she Was a tot of 4.
At that age she recalls fleeing
Russian persecution, under her fa
ther’s care, abandoning wealth and
property. America, the promised
land, opened to them after months
of privation and hardship, and the
Rantz family settled in Philadelphia.
Fahiily Support
But the promise of America was
far from becoming a realization.
Mary had to go out selling papers to
add to her father’s meager income.
As Bhe grew older, and moved to
Peoria, 111., she was destined to help
support a large family, even before
she could enter upon higher educa
tion. i
At 15, Mary left business school
as a bookkeeper and otftained work
in a grocery for $5 a week. That
hardly helped keep the wolf fr«pi
the door. But, after a night course
in stenography, she was able to find
a better position at $lO a week.
Thus she climbed slowly, courage
ously and by sheer grit to the point
at which she was able to struggle
through a night law course, while
she worked by day.
But this was not until she had
come to San Francisco as a stenog
rapher, had married Rudolph Schwab
in 1011 and had lost her husband by
death six years later.
Now, as first woman ever to hold
the position she is in, Mrs. Schwab
considers herself at last started on
her way to success.
Patch took a step to get his bad old
stick, didn't Sky Bow roll over and
grab him!
Down went the wizard like a ripe
apple.
Quick as a wink Nick jumped up
and grabed the magic stick.
“Take us all out of here and turn
old Cross Patch into a turtle,” he
cried.
And that’s just what happened.
And Cross Patch couldn’t follow, as
turtles move so slowly.
Then- the Twins and Mister Sky
Bow took the magic stick and made
everybody happy again.
The Glooms became Grinners at
once and grinned happily.
But the best part wag when they
went back to Rainbow Land. By one
wave of the wand they made the
Nosi« and Earsieg and Dummies and
Whirlic3 and everybody happy again.’
And Cross Patch stayed a turtle
for two weeks, when the Fairy Queen
turned him into a good fairy instead
of a bad one.
(To Be Continued)
(Copyright, 1923, NEA Service, Inc.)
The screws made in watch fac
tories are the smallest in the H
world; 100,000 of them could be
placed in an ordinary thimble.
THE BISMARCK TRIBUNE
DECREASE IN
BIRTHRATE IN
FRANCE RAPID
Since 1871 Deaths Have Ex
ceeded Births —Situation
Alarming
Paris, Aug. I.—Th'e peril of a
greater, stronger Germany over
whelming a steadily weaker France i>y
sheer force of numbers, looms in
creasingly large in the pessimism of
French sociologists studying the
shrinking birthrate of their country.
The increase of 169,000 in popula
tion for 1020, small as it was, aroused
the hope of the government and the
public, for it was generally believed
that the rush of war-tired soldiers
and women, anxious to marry and
establish homes, was the turning
point. They have been disappointed.
The net excess of births over deaths
the following year was only 9,000 and
the results of last year, still being
tabulated, arc rather dreaded by rso
ciologists and economists.
President Millerand not long ago
spoke of the birth rate question ns
“that of life itself for France.” His
efforts, he Baid, were devoted to fur
thering the creation of homes and
the rearing of children.
France’s plight in a world of war is
likened to that of the little boy who
grows slowly while all his compan
ions develop like weeds. In the 16th
century France had half the popula
tion of Europe; at the end of the 16th
she had only one fourth, and today
she has little more than one-tenth.
Sinc4 1871 deaths have exceeded
births, and only immigration has
saved the race from rapid extinction
by a loss that frequently was a quar
ter of a million a year.
Whatever the reasons for the half
century of decreasing birthrate, the
present shortage of living quarters,
the vicissitudes of life, and the low
ered moral standards are blamed to
day by students for the condition
that persists in rfpife of a really na
tional campaign for more children.
(’supreme court!
♦ 4
From Ward County
Theodore O. Loveland and James
L. Records, co-partners doing bus
iness under the name and style of
Bernard Manufacturing. Company,
Plaintiffs and Appellants, v; J. G.
Havlena, Defendant and Respondent.
SyHabus: 1. Where, in an action
on a negotiable instrument payable
to the plaintiff and especially in
dorsed by him, ’subsequent indorse
ments appear, the presumptions arc
in the plaintiff’s favor and he need
not show a re-transfer to himself.
2. While a contract of purchase
and sale of personal property is ex
ecutory, the purchaser may reputUato
and cancel the same, subject to the
right of the seller to recover such
damages as_ he may suffer by reason
of such repudiation. ,
3. Though a purchaser repudiates
an executory contract of purchase
and sale of personal property, if the
seller refuses to assent to such repu
diation and thereafter performs, and
the purchaser recedes from his posi
tion and accepts the goods tendered
in performance, the seller may re
cover according to the terms of the
contract.
Appeal from the District Court of
Ward County, Honorable Joba C.
Lowe, J.
Judgment for Defendant, and plain
tiffs appeal.
Reversed and remanded.
Opinion of the Court byNuegsle, J.
C. B. Davis of Minot, attorney for
defendant and respondent.
. From Stark, County
Leopold Dalheimer, Plaintiff and
Respondent, v. William H. Lucia and
William Walter, co-partners, Defend
ants and Appellants.
Syllabus: 1. In an action based
on alleged fraud and misrepresenta
tion which induced the plaintiff to
enter into a contract with defend
ants, the sum expended by the plain
tiff in a good faith endeavor to carry
out the purposes of the transaction
may be recovered.
2. “One' who is defrauded by a
false statement which is made to in
duce and does induce the execution
of a contract, has the choice of rem
edies: (1) to affirm the contract
and taka its benefits, so far as ob
tainable and recover any damages
sustained by the false statement;
or (2) to rescind the contract and
recover any moneys paid or property
delivered under it.”
3. A party may, notwithstanding
the fact that the contract is in writ
ing, show, by parol, that he was in
duced by false and fraudulent repre
sentations to become a party to the
contract.
4. Whether defendants were part
ners is not material and a joint ac
tion may be maintained against them
when the evidence shows that both
participated in the aUcged deceit and
misrepresentations.
6. For reasons stated in the opin-
WORK
Countess Finds True Happi
ness as Proprietor of Sttring
of British Laundries •
COUNTESS OF CLONMELL
By NEA Service
London, Atlfe. 1. Call it reac
tion from the war, if you will, but
the fact remains that British wo
men, bred in court atmosphere, are
finding it difficult t 6 go “back to
the old way of living.”
One of the nobility who “felt that
way" is the beautiful Countess of
Conmell, wife of an Irish peer.
During the war she was active in
relief work. She worked hard. And
when the armistice came and court
life settled back she grew restless,
she says.
She wanted to be a business wo
man. In the world of facts and fig
ures, she felt, she could find true
happiness.
And so the countess startled
aristocracy by opening a laundry
in the faghionable Mayfair district.
She called her establishment “The
White Elephant.” Perhaps she felt
it would prove such.
But it didn’t. Business flourish
ed. She made money. And then
she displayed typical American en
terprise by expanding and starting
branches in various parts of the
isles.
The countess was the former
Miss Rachel Berridge of Toft Hill,
Warwick. She intends to remain
a business woman always.
1 ion, it is held, that there is suffi
* cient evidence to support the verdict
of the jury in favor of the plaintiff.
1 Appeal from the District Court of
1 Stark County, North Dakota, Hon. H.
f , L. Berry, Judge.
1 Affirmed. Opinion of the Court by
■ Johnson, J. Bronson, Ch. J. concurs
in the result.
T. F. Murtha and J. P. Cain, Attor
neys for Plaintiff and Respondent.
Dickinson, North Dakota.
L. A. Simpson, Attorney for De
fendants and Appellants, Dickinson,
North Dakota.
FROM McHENRY COUNTY ’
,Louise Schmidt, by Robert Sch
midt, Guardian, ad litem,
Plaintiff and Respondent,
vs.
E. C. Stone,
Defendant and Appellant.
SYLLABUS:
1. In a malpractice action the
weight of expert tcstiirfriny, when
there is conflict therein, and the in
ferences to be drawn therefrom, arc
for the. jury.
2. The rule that expert testimony,
upon technical matters, beyond the
training or experience of lay wit
nesses, must, when uncontradicted,
be accepted as conclusive by the jury,
held for reasons stated in the opin
ion, to have no application to the
facts in this case.
3. Answers of a witness, on cross
examination, to questions upon irrel
evant or immaterial matters, arc con
clusive against the examiner, and it
is error to receive, oyer objection,
evidence for the sole purpose of con
tradicting such answer.
4. Preliminary questions relating
to the^iufficiency of the foundation
laid for impcaching questions, are for
the court, and, in the absence of con
flict in the testimony of witnesses,
brought out during their examination,
as to the essential facts whieh con
stitute such foundation, it is error
to submit the question of the com
petency of the impcaching testimony
to the jury.
6. In the absence of evidence to
the contrary, the law presumes the j
exercise of a reasonable degree of
care and skill by a physician and
surgeon.
6. The mere fact that an opera
tion is not successful or that defects
appear after it is performed, unless
os such a nature that negligence must
be assumed from their unexplained
presence, Js not evidence of negli
gence; the physician is not an insur
er, and the doetrine of res ipse loqui
tur has no application.
7. When a motion for a new trial
on the ground ( of excessiveness is
not made and the smdunt of the ver
dict is jn no manner challenged in
the trial court, the defendant can
not, tor the first time, on appeal -
raise the question that the verdict
is, soo large.
An appeal from the District Court
of- McHenry County; Second Judicial
District, Hon. C. W. Butts, Judge
REVERSED. Opinion of the Coart
by Johnson, J, Bronson, Ch. J. DU-
MeGee A Goss, Attorneys .for De
fehdent, Minot. North Dakota.
Campbell* Funke, E. R. Slnkler, li '
O. Hide, Attorneys for Plaintiff, '
MRiot, Nerth Dakota.
- ■
Sound n falcon's nest on Groat
(W* Head. Wales, were diSv!
ered more than 1,000 pigeons*
*••••. <•
Not - one person In 60 of the
present population mas his or
her brni/to half its futTcapwity,
says a famous scientist.
MYSTERY OIL WELL
NOW DISMANTLED
Mandan, N. D., Aug. I.—The
“mystery Well,” five miles south
east of Lemmon, S. D., which was
started two years afro by J. M.
Curtil and which before drilling
for oil was started was surrounded
by a high board fence and was
closely guarded until very recently,
is being dismantled, according to
O. K. Fjetland, editor of the Lem
mon Tribune, who asserts the
“mystery oil production” has been
exploded. Dismantling of the
plant followed a sheriff’s sale to
satisfy two judgments, one to an
abstractor and another to a hotel
Pttfciiiday
New Victor Records
August 1923
— ¥
%
1 Empire Day Messages to the Boys and Girls of the British Empire | Nu,nber
King George V and Queen Mary [ 19672 $ .75
God Sa?e the King and Home, Sweet Home The Band of the Coldstream Guards J
Popular Concert and Operatic
Daddy (Lmboc BArtnd) Frances Alda 66152 1.25
Prince Igor—Redtathre and Air of Prince Galitsky (Bomb.) Feodor Chaliapin 87361 1.25
Linda diChamounix—Cavatina—o luce di quest* anima Amelita GaOi-Corci 74812 1.75
(CmdacStorcf Love) (Donasai) InltmUmm /
lieber Schwan! / Orville Harrold 74813 1.75
rldanlSmal Lotnva a FamwdD (Waw) In Gtnmn*. . .
Goin* Home Reinald Werrenrath 74815 1.75
(to Aitcf M Lu|o M fna"New Woild Symphony”) (Fiiha-Dartk) °
Melodious Instrumental
Spinning Song iiuu>j fuu. Ifncc Ju Paderewski 66150 1.2 S
L&ndler (MowO viau* m» Mischa Elman 66151 1.25
Serenade (EaieoToaa.Op.6) Erika Morini 66153 1.25
Viennese Dances (Sch«.b«t> Philadelphia Symphony Orchestra 74814 1.75
fValse Hilda (Doen) Saxaphtnt IW. Clyde Doerrl IQn9a
l Saxanola (Dam) Clyde DoerrJ ,w
Light Vocal Selections
j Because 1 Lore You, Dear « Lambed Mvphyh., M . M
lit Wn» Not So to Be , Luobnt Murph,) 45352 100
•{^t^lilyßdb^ 1 Lollluta} l9o7B -T*
J How High ia Up?—Part 1 Arthur Moss-Ed. Fryel lonfll w
(How High iaUp?-^ > srt 2 - Arthur Moss-Ed. Frye .75
/Down Hearted Bluet Noble Sissle-Eubie Blake l, Qnfie __
l Waitin' lor the Evenin' Mail Noble Sbsle-Eubio Bilker^®®
, •
Mother Goose Melodies
f Mother Goose Songs Alice Greenl iancn
1 Death and Burial of Cock Robin , Alice Green/*®®®®
Dance Records
/Trot Along—Fox Trot The Benson Orchestra tf Chicago) 10Ayl/#
( Wet Yo' Thumb—Fox Trot Zes Coufroy sad His Orchestra r®®^
j Medley of Old Time Songs—Waltz The Troubadours) lonoo w
l Victor Herbert Medley Waltz / The Troubadours/ 19082 * 75
(Stella—Fox Trot The Great White Way Orchestral IQAfI7
(Carolina Mammy—Fox Trot The Great White Way Orchestra) 19087 * 7B
/Rosetime and You—Fox Trot (fro® "G<vGo") Zes Confrey and His Orchestral , aMA f w
(Oh! Harold!—Collegiate Walk or Fox Trot Zez Confrey and His Orchestra/ 1909 ® * 75
When June Comes Along With a Song Fes Trot
(from “Tic Rim of r«m O'RciSy”) . The Great White Way Orchestra ioaoi 75
Born and Bred h Brooklyn—Walts The Troubadours
(from “The Rim of Rone O'Rciy")
When You Walked Out Someone Else Walked Bight In
—Fox Trot Brooke Johns and His Orchestra 19092 .75
Bebe-FofrTrot Bnake Johns and His Orchestra
. Pm Drifting Back to The Bauson Orchestra of Chicago! in. A i «
I Jrnt torTornght-Wal** IkßeaMoOKkatnofWcwif 19101 * 7S
JNahadyKupws But My PfflgsyendMe-faTiit He Bauson Orchestra of Chicago! --
llNercr MiM theSunihine—FuTnt IkßmoDOKliotnrfaicl^/ 19102 •»
/The Cafe Whiakera—For Trot The Beusoa Orchestra of ChicagoK a . no _ e
(In a Tent—Fas Trot TtoßeumOrdialnofCUcacof 19193 75
- === li l
«.*/ : 'I ’ '
• V-- . - / n I -j:
Look under the lid and on the MWtfor these Victor trade-mask*
Motor Talking Machine Company, C^wun.**
WEDNESDAY, AUGUST 1, 1923
man. Curtis himself bid in most of
the machinery.
The mystery well was rumored to
have been a test project of the
Royal Dutch Oil company interests
and as late as twd weeks ago had
been reported to be a 500 barrel
per day oil producer by a geolo
gist claiming to be in the employ
pf the Dutch-Shell interests.
DAKOTANS ARE RELEASED.
Minct, N. D., Aujl I.—Mrs. Neil
Holzer and S. J. “Buster” Nichols,
both of Minot, who have been held
in jail at Shelby, Mont., on a
charge of possession of narcotic
drugs, have been dismissed by
judge H.ft. Etfing of Great FallA
following a plea of guilty by
Divine, said to be a toother of
Mrs. Holzer, according to word re
ceived at Minot. The two Mipoters
have been held in jail since their
arrest on June 28. Divine was sen
tended to pay a fine of SSOO and to
serve from one to two years in the
state penitentiary, but the fine and
prison sentence were suspended
with the understandii% that he
leave the Shelby country at once.
Many of the Scottish lochs are
astonishingly deep, the depth of
one—Loch Maree—being known to
exceed 1000 feet.

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