davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29

of the fraudulent act of its agent, the
cashier; and in doing this it becomes
particeps criminals with the cashier
and liable at the suit of the Elevator
company to the amount of the fund
so fraudulently transferred.
4. A. banking institution is not au-
thorized to pay out funds entrusted
to it on deposit to person known
by it to stand in trust relation to
the depositor, when it has notice that
such person intends to misappropri-
ate and divert the fund received to
his own uses when paid over; and in
case such payment is made the
amount so paid may be recovered at
the suit of the depositor.
S. In case the cashier of banking
institution who has the entire man.
agement, control and conduct of its
affairs and stands as sole representa-
tive of the bank in all transactions
relating to the receipt and disburse-
ment of the funds OF the depositors,
while so acting draws checks of an
Elevator company of which he Is the
treasurer, payable to the bank, pre-
sents such checks as treasurer to him
self as cashier takes the sum of mon
ey paia over thereon and misappropri-
ates II, the bank for which he is act
ing will be held to knowledge of his
fraudulent purpose at the time of
presenting the checks and cannot base
thereon claim of liability in it's favor
against the Elevator company.
Syllabus by the court.
Appeal from the district court of
Granu Forks county; C. F. Templeton,
Judge.
Action by Emerald Farmers Ele-
vator company against the Farmers
Bank Of Emerald, to recover a bal
ance alleged to have been received
by it upon deposit.
Plaintiff had judgment and defend
ant appeals.
Affirmed.
Bangs, Cooley and Hamilton, for
appellant.
Scott Rex, for respondent.
Opinion of the court by Ellsworth,
j., all cOncurring.
George Schlosser, plaintiff and re-
spondent, VS.. Great Northern Rail-
way Company, defendant and ap.
pellant
Action to recover damages for neg
ligently killing three horses belonging
to plaintiff while being shipped from
Grand Rapids, MIMI, to Hunter, N. D.
Plainti in the fall of 1907, shipped
twenty-five head of horses from Hunt
er, North Dakota, to Grand Rapids,
Mimi, to the firm Of Sutton and Mac
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
OFF FOR EUROPE.

Mrs. Herman L. Michaelson and
Miss Dora Michaelson will leave to-
morrow morning for an extended trip
through the eastern part of the Unit
ed States and through Europe. They
will visit at Washington, Philadel-
phia, Boston and New York City be-
fore sailing. Mrs. Michaelson has a
brother in New York, whom she will
visit there. They will sail the middle
of July. They have already procur-
ed their tickets for the Passion Play
at Oberammergau, and will go from
there to Berlin, Paris and other Eur
opean cities. Before returning they
will visit at the home of Mrs. Mich
aelson's parents in Warsaw, Poland.
Her father is very old, and has not
seen his daughter for number of
years. He sent for her to come over
and sent her steamer tickets for her
self and Dora. They will not return
until late in the fall
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
key, over defendants line. Sutton and

key, over defendants line. Sutton and
Mackay were engaged in logging in
northern Minnesota during the winter
months, and plaintiffs horses were
shipped by him to them for work in
the woods. Under the agreement, the
plaintiff was to and did pay the ex-
penses of shipping the horses from
Hunter, N. D., to Grand Rapids, MINI.
Sutton and Mackay, in addition to
compromising paid said plaintiff for
the use of his horses, we're to deliver
them after the season ended to plain.
tiff at Hunter, N. D., free of charge.
On March 10, 1908, one of Sutton and
Mackay's men, Croker by name,
brought the horses to Grand Rapids
and shipped them over defendants
line to plaintiff at Hunter. Defend
ants agent at Grand Rapids filled out
the ordinary form Of live stock ship
ping contract, upon information given
by Croker, and Croker executed the
contract in the name of the plaintiff,
by Croker The rate charged for the
shipment was based on valuation OF
SIS per head. Held, that plaintiff was
not party to the contract bet"een
Sutton and Mackay and defendant
that Crocker had no right or authority
to sign plaintiffs name to the contract
and that plaintiff was entitled to re-
cover full value for the horses that
were killed.
Syllabus by the court.
Appeal from the district court Of
Grand Forks county, Templeton, J.
Action by George Schlosser against
Great Northern Railway Co.
From a judgment in favor of plain
tiff, and from an order denying de-
PENDANTS motion for judgment not
withstanding the verdict and for a new
trial, defendant appeals.
Affirmed.
Murphy and Duggan, for appellant.
Skulason and Burtness, for respond
ent.
Opinion of the court by Carmody,
j., all concurring except Morgan, c.
]. not participating.
Richard G. P. Vallancey, plaintiff and
appellant, VS.. Martha Hunt and ohm
c. Hunt, defendants and respond.
ents.
1. In an action in claim and deliv.
cry for the possession of personal
property, mortgaged to secure a note
given for part of the purchase price,
a defense to the note that the prop.
erty was warranted on the sale, to do
good work, may be shown under an
answer that is a general denial only.
2. Under the general denial in al
claim and delivery action, any fact
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
THE TRIBUNE A POWER FOR
GOOD-SOMETIM

Bismarck, N. D., June %, 1910.
Editor of the Tribune:
l am sure the democrats of North
Dakota in general, and those of Bur-
leigh county in particular, will accept
with due humility, the ponderous
words OF warning from the editorial
sanctum of the Tribune and appearing
in the issue of the 2Sth.
wish the gifted editor might get
wise to the beam in his own eye,
and issue few words to the righ-
teous adherents of republicanism who
do not hesitate to lie and 1nisrepre-
sent the situation to democrat in the
desperate hope of getting the. support
of the said democrats in the effort of
the republics brother to cut the po-
litical throat of the other republican
brother.
For a real nice, refined, compact
piece of lying, the righteous republi.
can brother in Burleigh county takes
the persimmon.
The democratic county central CON-
mittee has been using valuable spa &c
in the Daily and Weekly Tribune, the
Settler, Palladium, the Wilton News,
and the Driscoll News in an earnest
effort to have the democrats guard
against the republican liar in this
campaign; but so far as I have OBJ
served, not a single word has been
said by the Tribune or those other
papers condemning the notorious
methods of the republican brethren in
thoir offort g tn induco tho democrat
to take part in the republican SQUAD
BILE.
The Tribune can be power for
good on occasion, but the sanctinoni-
GUS self-righteous vaporings it occa-
sionally INDUCES in make earnest peo-
pie tired.
p. E. BYRNE,
Chairman Democratic County
Central Committee, Burleigh
county.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
NO EXPERIENCE

Mr.. Buchanan says he still lives
on his homestead taken in 1880, con-
sequently he has no experience in
legislation nor as an executive. A
large number of business men won't
employ inexperienced help for the
store nor Office, and even on the farm
inexperienced help is not wanted. II
experience is necessary on the farm,
in the store, in the office, how much
more so in the chief executive of the
state. Prof. Aaker has experience,
has made good and will get the solid
support of all thinking voters for gov
ernor.-Advt.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
DR.. sHuTE COMING SOON.

DR.. A. Lincoln Shute, the new pastor
of the McCabe Methodist Episcopal
church, will arrive at Bismarck Fri
day evening on No. 5. DR.. Shute
comes to the city bearing high rep.
utation as a public speaker. He is
heartily recommended by large
number OF people who have passed
here and who have heard Of him at
points further east. He will conduct
his first services in the city next
Sunday.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
GETTING SETTLED.

Rev. S. A. Danford, district superin
tendent of the Methodist Episcopal
church TO rthe Bismarck district, is
getting settled in his new home at
900 Fifth street. His family arrived
and are prepared to make this their
future home
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
ANNUAL MEETING.

The annual meeting of the direc.
tors of the Bismarck hospital will
occur today. Rev. Suckow, the sup.
erintendent, has remained in the city
since Sunday to be present at the
meeting.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29

days ago, and will be forced to submit
to an operation here. Judge Gibson
is a candidate for nomination as coun-
ty Judge IN Mclean county, but has
put aside any campaigning in order
to be with Mrs. Gibson during her
illness.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
WILL LEAVE TODAY,

Mrs. Frank c. Grambs and family
morning. where they will spend the
summer at the lakes. Mr.. Grambs
will accompany them but will at once
return to care for his business in
terests in the city.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
TWO FILED on CLAIMS.

There were two homestead entries
at the United States land office yes
terday. They were John J. Silbernagle
OF Napoleon, and Michael Nagel of
Glen Ullin. The Wehrlinger Adds
contest case is still being heard and
promises to be a record case before
all the testimony is in.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
NEW MINISTER TO BEACH.

Rev. C. R. Stout, formerly of Up
land, Ind, has recently been appoint
ed by Rev. Danford as preacher of the
Methodist church at Beach. He will
preach his first sermon there on the
nrst Sunday in July.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
BROTHER INJURED,

Miss Cora Johnson of this city has
received word that her brother was
seriously injured in mine explosion
at Butte, Mont. Her sister has al
ready fastened to his bedside.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
RETURNED TO MANDAN.

Louis Dreveskracht of Mandan, who
has been under treatment for some
time at the Bismarck hospital for an
acute attack of stomach trouble, has
returned to his home at Mandan and
is very much improved.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
AN INVESTMENT,

+ savings account is safe invest.
ment. Our savings department is un.
der National bank supervision and we
pay 4 per cent, payable quarterly.
$1.OO will open an account. Start to.
day.
THE CITY NATIONAL BANK.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
SPECIAL SERMON TONIGHT

Instead of the regular mid-week ser.
vice there will be preaching service
tonight at the German Evangelical
church. Rev. r. w. Fleishman, pas
tor of the Evangelical church at Alb
erdeen. S. D., who is in the city, will
occupy the pulpit. He is very in
teresting speaker. Do not fail tc
hear him.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
PERPETUAL MOTION.

A new idea in novel mystery is
shown in the moving whirlwind of
shirts in Rosen's window on Fifth
street, and many people are trying
to study out how the garments are
kept in motion.
Do you know?
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
The Golden Rule
GROCERIES and NOTIONS
White Wax String Beans, 2 lbs.

White Wax String Beans, 2 lbs.
for 900. ........ ....-... 1oC
PIneapples, per doz. ............l.25
Now is the time to put up pineap-
pies as we believe they have
struck bottom.
Apricots, large baskets, each 6Oc
Large baskets red Plums, EACH. 6Oc
Large baskets Peaches, each. -. 6Oc
Warm weather. is causing lemons
to go up in the air, prices now,
large size, per doz. ............ 5Oc
Perfection Blend Coffee, regular
Csc grade, per lb. ........... 28c
80 OF. net weight Jams ........ soc
No woman can put up finer goods
than this jam is.
Hiawatha Corn, for ........-.. Csc
Hiawatha Peas, per can ......... Csc
There Is no finer goods put up than
the Hiawatha brand.
McC0nkey & Son
PHONE No. 200
Corner Sixth and Broadway
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
THE CITY
BANKS WILL CLOSE.

The banks of the city Will close
their doors today owing to the fact
that it is a general election day.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
Will Lunch.

Hot biscuits and coffee served free
every day this week from at the
Malleable Range demonstration at
Walper's hardware store.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
GIFT FOR YOU.

A valuable cook book and useful
souvenir given free to every visitor
attending the range exhibit this week
at Walper's hardware store.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
NINE POUND GIRL.

A nine pound baby girl was born
to Mrs. Pearl Grey of Richardton, at
the home of Mr.. and Mrs. Ned Wilton
of Bismarck, Tuesday morning. Mr..
Grey died January S. Mother and
child are doing nicely.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29

The Malleable Range, made in
South Bend, is for homes where the
best is none too good. See it at the
Walper Hardware stores exhibit this
week. Hot coffee and biscuits free.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29

DOWN FOR OPERATION.
Judge Gibson is down from Wash
burn with Mrs. Gibson, who had an
attack of acute appendicitis a few
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29

THE PLACE TO BUY
Ground feed, oats, corn, bran,
shorts and poultry supplies at Wills
Seed Store.-Advt.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-29
THE CAPITOL
STEAM LAUNDRY

We are giving especial attention to
Hand Finished Work; also shirts
and collars.
A part or all your laundry work
solicited. Our wagons will call
PHONE 22o
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-07
king BELIEVES HE
CAN REGAIN FORM

Kansas City, April 6.--The case of John
G. King, the catcher of the Chicago Ma
tional League club, appears to be at an
end. Today King received a message
from President Charles w. Murphy order
ing the player to report at Indianapolis
April 6 or Z. 1t will be impossible for
King to leave here tomorrow but he said
tonight he would telegraph Murphy he
would join the team In Columbus April 10.
Its q great day for me- said King
tonight, Pm happier now than I've been
any day since 1 caught the final game in
the championship series in New York in
October, 1908. Can 1 come back? Say,
that question makes me laugh! I know
that l shall be able to regain my old
form within 10 days after I join the
squad. BY April 20 I'll be doing the
heavy end of the catching for the team
Just watch me come backn'
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-07
BASEBALL RESULTS

At Columbus. Ga.-Atlanta, 6; Column
bus, 6.
At Athens, Ga.-University of Georgia,
3; Mermer, 6.
At shington-Georgetown, 8; La
Fayette Z.
At Spartanburg. S. C.-Rochester Cast
ern league) Z; Spartanburg Carolina as
sociation), 5.
At Lynchburg, Va.-New York Nation
ais, second team, .; Lynchburg virginia
league), 0.
At Greensboro, N. C.-New York Amer
leans, II; Greensboro Carolina associa-
tom, 3.
At Danville-New York Americans, Sec
ond team. -; Danville, 4.
At Roanoke, Va~-Roanoke, IA; Bing
ham school, Ashevil1e n. c., 0.
AT Kansas City-Detroit, IL; Kansas
City, l.
At Raleigh, N. CA. & NJ. college, 1;
Guilford college, l.
At Elon College, n. C.-Elon college, 6;
Richmond college. 2.
At Providence, R. brown, 10; Rhode
Island State college. 5.
AT idshipmen, q; Maryland
Agricultural, 0.
At Columbia, S. C.-Columbia (South
Atlantic league), 5; Montreal eastern
league), 2.
At Lexington, va-Virginia Military in
stitute, IA; William and Mary, s.
At Princeton-Princeton, IL; New York
university, l.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-07
BILL SMITHS TEAM
FROM BUFFALO HAD
NO CHANCE At ALL
In Ragged Contest the Barons
Beat the Visitors BY the
Score of 10 toe
LOCALS PILED UP A
TOTAL OF 16 SAFETIES
Mcbride Smashed Out Two Three-Bag-
gers-Pitcher Ora williams An Ex-
pert BaIloOnist-Game This
Afternoon at 3;15

In a slow and somewhat ragged but
not an uninteresting game the Barons
defeated Buffalo" Bill Smiths Eastern
1eaguers yesterday afternoon by score
falo team to hit Moxie Manuel was
responsible for the one-sidedness of the
game. Had the visiting players pound
ed this twirler with the ease with
which they found Williams there might
have been a different tale to tell this
morning. The locals hit the Buffalo
sharpshooters with the greatest ease.
piling up total of 16 safeties in the
eight innings they were at bat.
However, it was clearly evident that
Burchell and Speer the Buffalo pitch
ers, We're not in form. During the
first four innings Burchell pitch ed
nice game. keeping his hits we'll scat
tered, but in the fifth round he let
down and a couple of two-baggers,
a single and a three-bagger, and then
single, all following in rapid sue
cession, Melted the Barons four runs.
In the ninth inning Speer gave a very
fancy aeronautic exhibition and took
the whole Buffalo team up with him.
Two errors and three hits push ed three
Barons across the plate.
In the ninth inning the visitors
frightened up and it looked as if they
would never finish their work. After
Wood and Williams had hit safely Hen
line smashed out a three Dagger and
scored both men on base. Sabre was
hit by the pitcher. Henline scored on
Whites sacrifice fly and Sabrie scored
on Emery's wild throw. When the
smoke cleared away four Buffalo play
ers had cantered across the plate.
The Buffalo team scored in the first
inning. With two men out White hit
safely to left and went to second on
a bad throw. Brain followed with
single and scored him. Starr was an
easy out from second to- first.
The Barons evened up things in their
half of the initial inning. Wordsworth
hunted and beat it out. Gygli went
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-07
lunch that dropped me unconscious.

punch that dropped me unconscious. 1
had been lucky enough to sidestep the
big wallop, and had come along until
l was at the top of the heap for my
weight. Then l got it. 1t was in the
early rounds of the fight. and l was
going along as smooth as silk, chopping
NTay with my left as hoppy as could be.
Then all at once there was a dynamite
explosion or something that felt just like
it. Everything seemed to go up into
the air. and all the lights went out.
When l came to myself and began to
use my eyes, l saw a pair of forearms
leading down to a pair of boxing gloves,
and the gloves were planted on a white
surface. About that time 1 heard some
body say six! the voice seemed to come
from a long way off. The next thing
noticed was big red spot on the white
surface, and it seemed to me that
could see 1t grow bigger as L watched
1t. While | was trying to puzzle that
out, / heard the same voice say 'sevenr
The counting didn't seem to interest me
at the time. Nothing seemed to interest
me, because I was mighty sick. Then
l began to get the right focus on things,
and / knew that there was a man kneel-
ing down in the ring, doubled over with
his hands on the floor, and that red
pddle was blood and it was ooZing from
this fellows nose. When I heard the
voice say eight 1 knew that the fellow
was being counted out. I was still very
sick and dizzy, and my head was whirl-
ing like top l heard noises like surf
breaking on the beach. That was prob
ably the crowd cheering.
Then my head cleared in a flash, and
knew that the fellow who was kneel-
ing there in the ring was me. Kid Nc
Coyi You know how fast a fellows mind
will work when he's in a tight place.
Here you are at last!' I thought to
myself. You're almost champion, but
you've found a man that can lick you.
He's standing there just waiting to hand
it to you when you get on your feet.
What's the use?'
I'll tell you the truth: wanted to
quit more than I have ever wanted any
thing in my life. I was badly hurt; the
fight looked hopeless. Then I remem-
bered that I had a reputation. A lot of
my friends had bet on me. If hadn't
come SO far on the road and been so
we'll known. I'd have staid down and let
them count me out, but 1t was the
thought of my reputation that dragged
me up on my feet just in time. If I
had been a preliminary man without a
reputation, I'd have staid down as sure
as you live"
There is some sound logic in this yarn,
and you can nail the point on Mr.. john
son, If you like.
Whatever he has been in the past, and
whatever he has done, he will go into
that ring next Fourth of July cham
pion of the world, and Jack Johnson,
extended to the very last notch and
forced to fight every step of the way.
may be a revelation to all of US, for
nobody knows what Johnson's level best
may amount to.
The "best" of a pork-and-bean specialist
is one thing the last notch Of a cham
pion is another, and the reputation of
being a great fighter has made many a
man a marvel of gameness In hard
battle.
Don't ease up on that training, Jim.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-07
JACKSON WILL HAVE
GOOD BALL TEAM

Jackson, Miss, April 6.-(Special.)-
The Jackson baseball management has
today telegraphed transportation to 20
men In various parts of the country
to report here at once and most of
them are ere this on the road. Jack
son believes she has picked the win
ners for the Cotton States league, as
there are some frst-class men in her
selection.
Among them are three from Shreve-
port, viz: Oberlin, pitcher; Graham,
rived here tonight.
Three others are coming from At
lanta, viz: McLain, pitcher; Landrum.
pitcher; Rosner shortstop.
Fourteen others are on the way, COM
ing from every point of the compass,
transportation having been wired them
and they are expected to be here in
Shreveport on the Jackson grounds next
Tuesday and Wednesday.
On April 21 the Jackson team will
go to French Camp for a series of
three games with an excellent team
and will return to Jackson for the
opening of the season on April %.
Jackson wants it distinctly under
stood that her team will belong to
her outright. The members have been
purchased outright and there are no
strings tied to any of them.
Heretofore it has been the case that
the Southern league farmed its surplus
men to the South Atlantic league, but
that arrangement holds no longer be-
cause of the action of the South At
lantic, it is said, and hereafter the
Southern will do it's farming with
the Cotton States league. However
Jackson will not have any of the
all be her property.
Mr.. Nance, the manager of the Jack
son team, who has arrived and is ready
err who Is going to land the pennant
for Jackson In the person of Billy
Sorrells of Fort Worth. He has fine
reputation in his section of the coun-
try and Manager Nance considers lie
is exceedingly fortunate In having
signed him for the Cotton States sea-
son.
Baseball enthusiasm never ran high
err in jackson than just now and there
Is great impotence over the opening
game on April 2S. The first game OF
the season is always well patronized
in this city and this year will be nc
exception to the rule. With a team
in which the city has confidence the
game will be given hearty and cor
dial support.