davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
the plaintiff chance to change his
testimony upon that trial.

testimony upon that trial.
2. The collection of another and
distinct claim at the time OF extend.
ing a mortgage, and demand Of the
payment or settlement of such as a
condition subsequent to extending
such mortgage, does not constitute
usury, even though the collection is
brought about by the demand Of and
receipt from the debtor of another
note, which is secured by the new
mortgage which is given as an ex.
tension Of the former one, and though
the original mortgage debt which fs
also secured by said mortgage draws
the highest rate Of interest that may
be legally contracted for.
(Syllabus by the court.)
Appeal from the district court of
Wells county, Goss, J.
Action under the statute to recov-
er double the interest paid under an
alleged unsurious transaction. Yer
dict for the plaintiffs. From a judg-
ment Notwithstanding such verdict,
and in favor Of the defendant, plain
tiffs appeal.
Affirmed.
Otto Grethen, Attorney for appel.
lants.
J. O. Hanchett and Bessesen &
Berry, attorneys for respondent.
Opinion by Bruce. J. Mr.. Justice
Goss, being disqualified, did not par
ticipate in the hearing Of the above
entitled case.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

North Dakotans are nothing is
not optimistic. The settlers who are
pessimistically inclined do not tarry
long within the borders of the state.
Chairman Miller of the board of direc-
tors of the Milwaukee railway system
should come out and get Whit of
NORTH Dakota paririe breezes which
might blow away the clouds which
o1scure his visions Of the future. He
says he can see NO possible chance
for Improvement Of the general con-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
and then explain why you can't do
what the other fellow wants
E. G. PATTERSON, Owner and Prop.

His engagement with Mr.. Talmage
brought him into difficult labor of re
organizing the decrepit Wabash sys
tenn. He was not long confined tc
secretarial labors. Talmage was one
of the keenest traffic men of that day
Within a very little time he had dis
covered in his young assistant q
genius Of his own kind, and promptly
set him about tasks respondent to his
gifts. A year or so later one Of the
big men from New York was going
| over the line in q discouraged state
of mind and met Hays.
"'You are bright young man, Mr.
Hays said he, but you never will live
to see this tangle Strengthened out.
THAT bodeful prophecy was re-
'ersed in the event, for his thirty
seventh year. found the bright young
man vice president and general man.
ager of the rehabilitated and profit.
able Wabash system.
Before his fortieth year he had
taken up another hopeless looking
job. He had resigned from the Wa
bash and accepted q five years con.
tract with the old Grand Trunk az
general manager. He found the prop.
erty almost in the article Of death,
dilapidated and under-equipped. man
aged from London by cumbersome, an.
tiquated methods and heavily in debt.
Within the contract term he had com.
pletely reconstructed it, wiped out a
costly and obstructive working organ.
ization, put an effective one in its
place, and brought the line up to the
American standard of equipment and
service. At its close he assumed d.
rection of the Southern Pacific and
the way that happened is little story
by itself.
"Collis P. Huntington had only re.
Gently passed ava" The Hartman
interest had begun to rise in power
and q new head was needed for the
great rail empire Hartman was build.
ing. The achievements of Mr.. Hays
with the Grand Trunk indicated him
as the man for the place, but he knew
nothing about that. He was going
down Wall Street one day early in
1901 when someone stopped him WITH
hand on his shoulder. He turned
and recognized Southern Pacific d.
rector.
ave have been trying to locate
you. Mr.. Hays, said this gentleman.
You have just been elected president
OF the Southern Pacific to succeed Mr..
Huntingdon
Mr.. Hays briefly expressed his
willingness and went on about ais er-
rand.
"Stxty days later Mr. Hartman had
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

The failure of the present laws,
which were passed in 1911, to provide
a space for the name of candidates
for probate Judge has aroused great
interest. There is a possibility that
the present incumbents may hold
office until the law is changed. An
other possibility that may appeal to
the voters of the state is that there
will be one, or two names less on the
ballot which must be marked.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

In the Supreme Court, State Of
North Dakota, October Term, 1911.
George Duncan. Appellant.
Oscar Cummings, Respondent.
Section 1852, R. c. 1905, which pro-
vides that a judgment when docket.
ed shah be lien on all the real prop
erty, except the homestead, in the
county where the same is SO docketed
of every person against whom any
such judgment shall be rendered,
which he may have at the time Of the
docketing thereof in the county In
which such real property is situated
etc., construed, and
HELD, that the docketing Of a
judgment creates no lien ON the mere
equitable estate or interest of the
Judgment debtor in real property.
(Syllabus by the court.)
Appeal from district court, Steele
county, Pollock, J.
From an order sustaining a de-
murrer to the answer, defendant ap.
peals.
Affirmed.
Butte & Sinness, for appellant.
w. ]. Courtney, .for respondent.
Opinion by Fisk, J.
In the Supreme Court. State of
North Dakota, October Term, 1911.
Joseph Miller and Mariana Miller,
Plaintiff and Appellants.
VS..
The Bank of Harvey,
Defendant and Respondent.
Although, generally speaking, q
motion for judgment non obstante
veredicto, and for dismissal Of the
action should not be granted unless
the record shows not only that the
verdlct Is not sustained by the evi.
dence. but also that there is no reas-
enable probability that the defects In
the proof or 7leadings can be RENE
died on a new trial. the rule does not
Apply in a case of . total failure od
proof on the one vital issue In the
case, which is caused by the plaintih
admitting, on his Cross examination,
the facts establishing the defence
and entirely admitting away his
case. and where the only effect Of
granting . new trial VIII be to give
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
secured control of that system. tn.

secured control Of that system. The
twai could not agree. Mr.. Harriman's
operations we're not in tune with the
doctrine that railway should be rum
by railway man by the light of his
own expert nee and knowledge and to
that doctrine Mr.. Hays firmly adhered.
There was disagreement and Hays re-
signed before the year was out.
| As soon as this was made known,
the Grand Trunk directors got to-
gether and by unanimous vote elected
him vice president and general man
ager
81 accept said Mr.: Hays.
"On January l, 1909, he took up his
new duties. There was no ceremony.
He simply went to work. He had
planned the road to the Pacific and to
that project he applied his energies
at once. Then and there began the
rise Of the system to its present col.
lossaI proportions. and the working
out Of his dreams to span the CONT
nent and gridiron western Canada
with branch lines. For almost two
years now he has been president, the
first American to hold that position,
!, Few men have had either the i'm.
aginatfoni to- conceive or the ability
to do so vast thing, involving an out
lay so enormous. But it is practically
done Another year or so will see
through trains from Moncton and
| Montreal running into Prince Rupert,
the new Pacific port that has been
created b ythe company, $50 miles
north of Vancouver, and 1900 miles
near to Toxic by sea than San Fran
cisco 1t.
mr.. Hays is not in his fifty-fifth
year, rugged and hale, with many
more useful years before him. Into
thirty.efght of those he has lived
! through he has crowded more than
! would be satisfactory life work for
good half dozen unusual men. He
| has kept his health by following the
simple rule Of never riding or driving
! when he can walk. The foretime pres
idents Of the Grand Trunk drove i'm
state to their Offices. with footmen to
open the carriage doors. Mr.. Hays
| foots It. He does not own even q mo-
, tor car.
memory recalls one other great
man who gave such a reply as Mr..
Hays would give to a man who asked
how he contrived to get through 80
much work. That was Sir walter
Raleigh. When have a thing to do
said Sir Walter, I 60 and do It,"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

DIscoURAGEs TAX Attachments
II don't understand why the boards
of commissioners of some counties
continue to reduce or abate assess
ments" said State Auditor Bright
bill when seen at his office this morn
ing by the capitol Run" man. "The
practice is illegal. and has been &C
held by the Supreme Court of this
state"
1T may be that the commissioners
are unaware of such an opinion" sug
gested the reporter.
"They have been advised OF the
opinion by this office. and for the in
formation Of the county auditors and
the commissioners l even went to the
trouble Of making exact copies Of the
opinion in full, that was handed down
by the supreme court a short time
ago. The opinion is the one handed
down in the case Of 1.-THE City Of MI
not, Arthur LIE Seuer, and others, res
idents and tax payers In the city OF
Minot-Plaintiffs and Appellants VS..
The Board of County Commissioners,
and Rachael and Pete 1ldvedsen. De-
PENDANTS and Respondents. The coun.
ty commissioners In this cafe reduced
or abated certain assessments against
the 1ldvedsens. and action was
brought to stop the abating Of such
taxes, the claim being set up that the
commissioners had no right to re.
duce individual assessments or abate
individual taxes. The court holds
that the commissioners cease to have
power to equalize assessments when
they adjourn as a board Of equaliza.
ton. The only exceptions are in cas-
es where persons are assessed upon
property which they did not own.
wrongful descriptions Of land, etc.
It is held that the village or city
boards only have power to equalize
assessments as between individuals.
the county commissioners as between
and the state board Of
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
NO FEE CAN BE CHARGED.

line library commission cars al
tention to the fact that some OF the
associations to which are sent trav'
cling libraries seem to think a fee
can be charged for the use Of books.
and have been making a practice of
asking the borrowers from rs cents
to $1.00. using the money to pay
freight and any damage or loss of
cooks. The six people who sign the
application card agree to be respon.
sible for the freight and have no right
to require deposit or fixed charge
from any borrower. The damage or
loss to books is SO slight that scarce
ly anything Is required for that pur.
pose, and there are generally suffl.
cient number of voluntary contribu-
tions to provide for the freight.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

Fraternity is a splendid thing, but:
in itself it does not pay the bills.
The action of one of the leading fra
ternal insurance organizations in
raising its rates so that they will be
adequate for the future was necessary
as we'll as prudent. =,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
THE HUMAN EQUATION

WA
missioners which was held in Fargo
recently was productive Of a better
understanding between the state
board of railway commissioners and
representatives of the great railway
systems entering North Dakota wao
were in attendance at the conference.
The meeting was called for the ex-
press purpose of considering the
causes of the number of wrecks which
have occurred in the state since the
holidays. Several interesting facts
were brought out In the majority
of the cases investigated a broken
rail caused the disasters, with their
subsequent loss of life. In other
cases disobedience of orders or negli.
gence on the part of employees caused
catastrophes.
The matter of defective rails can
not be remedied by any action taken
by the North Dakota board of railway
commissioners. The conference de.
veloped the fact that the great steel
works of the country which manufac-
ture rails are doing all in their power
to make them absolutely perfect. A
company Of experts In New York city
does nothing but examine rails for
large railway systems and seek the
flaws. Sometimes these flaws will be
present in a rail but can not be dis
covered in any manner. The rail-
ways are themselves working to do
all in their power to assure perfect
rails. So this feature of wreck causes
Is being cared for.
The other feature, 1.-The human
equation as it was referred to, is the
one which will be given more atten-
ton. Anyone who Is at all familiar
With railroading will realize the men
tai strain under which train crew
labors when on duty. Human nature
Is not infallible. "To err is human"
and mistakes are bound to occur. It
is the who negligently fails to
familiarize himself with his running
orders, or who willfully disobeys the
the orders given him, taking long
chance that he can make a run to
the station ahead and escape accident,
who should be punished. Such man
Is no better than the murderer whe
takes human life by other means.
In this respect the board Of commits.
sioners, as we'll as the railway officials
themselves, expect to better existing
conditions.
The human equation must be con.
sidered in every enterprise. Espe-
cially where the safety of men. women
andchildren is concerned, must espe-
cial attention be paid 10 the short
comings of the men Who are respon-
sible for their lives. The men them
selves must take greater precautions
1t Is to be hoped that the mortality
list resulting from railway fatalities
small as it is in this state, will be
still farther reduced.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

The four-cornercd Wilson-Harvey-
Watterson-Tillman controversy, while
giving the wouldbe democratic presi.
Dental nominee some publicity is not
materially assisting his chances for
securing the domination, nor his cleo
ton in case he does land the plum in
the Baltimore convention.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

ditions now existing. There is sill:
yer lining to every cloud, and the
residents of this state are more then
hopeful that they will catch the sill
very CLINT when the next harvest
season is over.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
SHERIFF FROM THE SOUTH.

Sheriff W. H. Ashley Of GreysOn
county, Kentucky, was at the govern
or's Office this morning to secure re-
QUESTION papers for Newman Derby
now being held by the authorities on
a charge Of seduction. Mr.. Ashley
says while this state has for years
had reputation for its fine whisky,
there is none in his home county, as
that county has taken advantage OF
the county option law and went dry
last election. According to the Ken
lucky prohibition law individuals
wanting liquor for their own use In
prohibition county are required to
ship from an outside state.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

The increasing interest which is
being manifested in the coming con-
vention of the state dairymen at Man
dan speaks well for the future of this
industry in North Dakota. =.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
The TRUTH ABOUT eLUlNc.
Talk No. ).

Avoid liquid bluing. Liquid blu.
Ing is largely wate-. Water Is adult
iteration. adds nothing to reE value
to. the consumer. Think is over.
Be wise. Use RED CROSS FALL
BLUE the blue that's Ill blue: makes
the laundress smile on wash day. AT
ALL GOOD GROCERS.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

Attorney General Miller, Assistant
Attorney General Young and Super
intendent of Public Instruction E. J.
Taylor went to Minot today to be
present in the argument before Judge
Templeton in regard to the normal
school site.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
NEW NQrARlES.

Notarial commissions were issued
this morning by the secretary Of state
to the following:
w. A. Nero, Bottineau.
Loren E. Austin, Beach.
A. G. Strand. Glendale.
L. Carl Fargo.
A. H. Clark, Mandan.
Adam Zeissler, Expansion
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
NOTICE,

NOTICE.
The City water will be turned on
Monday January 18th at all houses
having delinquent water bills.
Bismarck Water Supply Co.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

FOR GALE CHEAP.
262 acres Of fine bottom land near
Wards place, part timber, part mea-
dow. A bargain, If taken at once.
E. s. Neal, over Bismarck Bank.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
SOUTHERN JUBILEE
SINGERS AND PLAYERS
The Proorams.

Offered by THE Southern Jubilee
Singers and Players are the greatest
successes ever presented by jubilee
company. They draw from a fine rep
ertoire of music, rich in harmony and
varied in selection. Some of the fea.
lures are:
Jubilees, New and Old. Plantation
Songs. Negro Melodies. Camp Meet.
in Songs. Comic Darby Songs. Ne.
gro Lullabies. Vocal Darby Mimicry.
Sweet Sentiment Songs. Home, Cab.
in and River Songs of the Old Slavery
Days. Comic, Classic. Sentiment
Songs of the Southland. Violin So.
los. Mandolins, Guitars, Violins,
Cello and Piano Combinations. Old
Plantation Sketches. Humorous Mon
ologues and Sketches.
The Personnel.
Mr.. E. s. Thomas. .Basso
Miss Dazalia Underwood
Soprano, Reader and Mandolin
Mr.. y. W. Green
First Tenor and Mandolin
Miss Hester o. Brown
Contralto and Violinist
Mr.. Chas. w. Boyd
Baritone, Reader and Guitar
Miss Anna Smith Soprano and Guitar
Mr.. ". P. Talbert
Second Tenor, Cello and Pianist
Miss Crealea Peyton
Alto, Pianist and Mandolin
We feel sure that the jubilee com
pany has ever had 50 splendid per-
sonnet of artists who are 50 versa
tile. who do 50 many things and do all
of them so well.
In Lyceum Course at Presbyterian
church Tuesday, January 30.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29

BEFORE SUPREME COURT.
Attorney F.. Z. Bowen Of Bottineau
was at the capitol this morning to
file some papers with the supreme
court.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
OYSTER SUPPER,

The Ladies Aid Society Of the Swed'
ish Lutheran church will serve an
oyster supper In K. Of p. hall Satur'
day evening. February 3, from to
9 O'Clock.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
MUST MAKE APPLICATION.

Automobile owners over the state
seem to be of the opinion that all
they have to do in renewing their
registration for 1912 is to send in
their remittance of $500, and request
for such registration renewal. The
secretary of state is required to have
regular application from each own.
er, and signed by him before notary
public, or other official empowered to
take acknowledgements. Consign-
ments of these application blanks
have been sent to each bank, and
each county auditor of the state, but
additional blanks will be supplied to
owners upon request. A compliance
with the above will prevent much loss
of time in getting the registration
tags out to the owners. Registration
tags were issued today to the follow
ing:
129-C. J. Busch, Bismarck.
13O-Fred Rene, Neche.
131-L. H. White. Cogswell.
132-Arthur C. Hanson, Minot.
1870. H. Johnson. Fargo.
134-Thomas Baker, Jr., Fargo.
135-Thos. Bunton, Ayr.
156-C. w. Nichols, Cooperstown.
137-W. A. Shaw, Scranton.
138-W. A. thinner, Scranton.
139-Howard Atkins, Scranton.
A1v-R. J. List. Scranton.
l41-K. M. Murray, Scranton.
142-Paul J. Wedge Russo.
143-Lt. VIM. F. G. Jeps0n. Fort
Lincoln.
144-John c. Gilmore. Walsh.
145-A. J. Douglas, Grand Forks.
146-Herbert McCaul, Ayr.
147-H. P. Hammer, Cooperstown.
148-Dr. 8. B. Clark. Bucalo.
149-GeO. N. Martin, Minot
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
CERTIFICATE OF partnership.

CERTIFICATE OF partnership.
THIS is TO CERTIFY that Will
liam E. Lair and Frank A. Lahr, both
of whom reside at Bismarck. Burleigh
County. North Dakota, are now and
ever since the first day of January,
1910, have been partners doing bust
ness as the Lahr Motor Sales Com
pany." That the principal place of
business of said Lair Motor Sales
Company IL at Bismarck, Burleigh
County. NORTH Dakota, and that the
said William E. Lair and Frank A.
Lahr are all the members of said
Lair Motor Sales Company.
WILLIAM E. LAIR,
FRANK A. LAIR.
State of North Dakota,)
County Of Burleieh
On this Doth day Of January, 1912,
a Notary Public within and for said
county and state, personally appeared
William E. Lair and Frank A. Lair,
known to me to be the same persons
described in and who executed tie
within and foregoing instrument and
severally acknowledged to me that
they executed the same.
NJ p. SKEELS,
Notary Public Burleigh Co., N. D.
(Seal)
Ny Commission Expires March 81,
1917.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
WALK.OvER SHOES,

Big spring shipment just received.
The new styles. Come in and look
them over. 8. E. Bergeson 4 Son.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-29
Supreme Court

In the Supreme Court, State Of
North Dakota, October Term, 1911.
George Duncan, Appellant.
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1912-07-19
Did Not See Blunt Fly Caught by
Frank Dryer In Game Between
Cincinnati and Baltimore.

Reference has been made. says tho
New York sun, 10 the fact that I'm.
pIro Carpenter IA now in the twelfth
year Of service with the Southern
League. Hank O'Day umplrod fifteen
years for the National League and
continuously, Bob Emslie has been a
National League umpire stlll longer
Apropos Of ODay. his success as a
manager this year makes him the
most popular and reyored man In Gin.
cinnatl. but he hasn't always been so
regarded there Soon after Hank be,
gan umpiring In the National League
he was officiating in BaltlmoTe.Cin.
oinnau game, Frank Dwycr was pitch.
Ing and an Orolc hunted the ball
Hank made tracks for first base. think
Ing there would be a play there, but
Dwyer caught the bunt on the fiy.
Hank didn't see that, and he called
the batter safe at first base. Up to a
short while ago they were still harp.
ing on that mistake of ODay's in Gin.
cinnati. However there never was a
better umpire than o'Day and Tow
boots can be forgiven him.
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1912-07-19
SCHOOL BOARD

Al the regular meeting Of the
school board last Saturday rhr AN
uual financial report for the the
year was submitted 10y the clerk aud
treasurer tu the board for approval.
aud which probably will br publish
ed In the next Issue "f the Star.
\ specimen IN model work 2GNis
In u buffalo. was accepted by the
hoard fot next years work IN art.
THIS work was gotten out 10y thobuy
artist, Fairbanks uf Salt Lake, who
has received nv" scholarships In
Sew York, and Tor his age rNcrls
any one In the world,
Teachers Tor III" ensuing ycnr.
South Morgan high school III n.
Fry,priucipal;asrisr, Il 10y MIR Porter;
Irvine Nrls"n, Glh aud 9Th grads;
Mrs. Catherine Snrllgruv". 1T Salt
Lake, ith aud 9TH grades; Nils. Far
ley, 2ud and ard grades; Grace sal.
mon. uf CunlNillr, beginners aud
first grades.
North MurgHn-t. VI, croft, priu-
cipnl3 Miss Margaret Cnud'iu. 1T
salt Lake, first aud beginners; Miss
Singleton, Intermediate.
Pnrt"rvillc-W. ID. Whallry, uf
Bomliful principals; Miss Ansla
tHmhlc,ui Peterson; Miss Ernwford.
beginners, first aud second.
Prt"rsuu-OscHr \. NJ. Olsen,
principal; Miss Hamilton, assistant.
St"ddnrd- Miss Frost, of Odgcn.
Milt"n-Orson II. Mnb"y, prinri-
pal; Mrs. .. Anderson, assistant.
R.chyill"- Miss Little.