Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-09


eral prominent lawyers here from
over the state. Heretofore the su-
preme judges have been using the
house chamber for a court room, but
! climatic conditions prevented the big
room from being used this morning
and court was held in the rotunda be-
tween the house and senate cham
bers.
Among the attorneys at the capitol
today arguing cases in the supreme
court is John E. Greene and II. ].
Schulz Of Minot. Mr.. Schulz was for
merly of the firm of lawyers OF
Thompson & Schulz at Minot, and in
the session of 1909 he was a men,
Der q the house but in the session
OF 1911 he was succeeded by his
partner. Mr.. Thompson. Since that
time Mr.. Schulz has opened law Of
flee at Moose Jaw. where he is pros
pering and is apparently we'll pleased
with the thriving Canadian city,
where he has recently located.
Another prominent parsonage at
the state house today is Hon. r. 49,.
Nestos, also of Minot, Mr.. Nestos
was an active member of the last leg.
islature and was a member of the
board of managers of the Cowan i'm.
parchment case. He is also presi-
dent Of the library association of the
state and at the meeting held this
afternoon Mr.. Nestos becomes a
member of the state library commits.
sion. Recently he has received con-
siderable newspaper mention as
possible candidate for attorney gen.
eral, and he seems to carry the new.
ly acquired honors gracefully.
Hon. P. J. McClory, mayor of the
city Of Devils Lake, is among the
attorneys here to argue case before
the supreme court. While enroute
to Bismarck yesterday Mr.. McClory
was passenger on the G. N. train
No. 2, which was wrecked just out.
side of Fargo.
The state board of auditors consist
ing of the secretary of state, who is
| chairman, the state auditor and at
! torney general met this morning in
conjunction with the governor to op-
en- the applications from the banks of
the state desiring to become state
depositaries. Owing to the fact that
delayed trains have caused a number
of the applications to be delayed, the
board this morning decided to ad-
journ the meeting till Saturday of
this week at 10 o'clock. There are
565 state banks and LAG national
banks, and practically all of the
banks, will have an application filed
with the board.
Assistant Attorney General Zuger
feels we'll pleased with the reception
his announcement for candidate for
Judge of the fifth district has re-
ceived. He has already received nu-
merous assurances of earnest sup
port not only from friends about the
capitol, but generally over the state.
Down at Manango some time ago.
Mrs. Frances Gamble was a member
of the Modern Brotherhood of Amer
lea and with this organization she
carried $4,000 insurance for two min
or children. Later the local lodge
there was disbanded but she contin.
ued her insurance by paying the as.
sessments to the head lodge, but she
was trifle delinquent in paying the
assessment due May -, 1909. How
ever, the head lodge acceped the pay
ment and asked for a health certifi-
cate which was also accepted. Short
ly afterwards she died from an OBJ
scure disease of which she was not
aware when she signed the certif-
cate The lodge has refused payment
of the policy on the ground of fraud.
The matter has been taken up with
Insurance Commissioner Taylor and
an action also has been brought
against the lodge by the heirs, the ;
case to be tried in Cass county this
month. The attorney general in an
opinion holds that in a case where
the local lodge disbands the insured
is permitted to continue the policy
by paying assessments direct to the
head lodge. and is entitled to the ;
same llSuIo anu privileges as luOuSu
membership of the local order was :
continued. In this case the lodge or (
ganization seems to stand only on the
health certincate. and when decided
by the courts will have important ap- I
nlication to all fraternal insurance.
The railroad commission has just !
issued an order compelling the Great ,
Northern road to keep Waterman at i
the junction at Rugby employed in ,
the duties of a Waterman only eight {
hours Of the day. Heretofore the i
company has carried man 7
on the payrolls as a Waterman at I
Rugby. but it appears he has been E
used in trucking freight at the de- 7
pot. and has been unable to perform {
the duties actually Required of a !
regular Waterman. The commission r
has also issued it's official order CON- q