davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19
Supreme! Court

In Supreme Court, State of North
Dakota.
The Chamberlain-Walace Co., Plain,
tiff and Respondent, VS.. Joseph Ak
ers, Defendant and Appellant.
~ A pleading in a justice court
need not be in any particular form,
so long as 1t enables a person of or
binary understanding to know what
is intended. Pleadings may be either
oral or written. Section 1878 r. c..
1905. In the case at bar the COM
plant was oral. but a. summons o n
tanned a complete statement of the
facts relied upon. The Justices dock
ct made mention of the fact that the
said pleading was oral and referred
to the summons and its contents.
Held, that a demurrer to the com.
plant o the grounds that it was not
in writing was properly overruled.
~ An appeal to thee district court
was taken upon questions of law and
fact and q new trial deYi1anded. The
district court oyerruled the demurrer
and ordered the case for trial. De.
PENDANT defaulted and Judgment wa
entered against him.
The entry Of judgment against the
defendant was proper. 1t is incum-
bent upon litigants to attend the
court and be present when their
cases are called for trial:
(3) An application was made to the
trial court to reopen such judgment
upon a showing by defendant that his
attorney had advised him that the
case was not at issue and would not
be tried at said term OF court. Held,
q mistake of law and not Of fact,
and not an excuse sufficient to justify
the reopening of the ease.
(Syllabus by the Court.)
Appealed from the District Court
OF Ransom County, Allen J..
Affirmed. Opinion Of the Court by
burke. J.. !
&c. g. Bengert, Of Enderlin.. N. d..
Attorney for Plaintiff and Respond
ant.
o. s.. Sem, OF Minor. N. D., Attor-
ney for Defendant and Appellant.
n Supreme Court, State 81 North
Dakota.
u. r. Lincoln, Plaintiff and Appel
liant, vs.. Great Northern Railway
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19
THE MARKETS
MINI

hard 81 Il; 1 nor "a 80; reg arr
"a "a to s. "a; choice arr sc -;
2 o 81 "a to "a r.; 2 hard mont
arr "a 8 4 to IS a; 3. wheat 80 3-4 to
81 -; l dur 81 5 s to So Is; arr 81
5i8, to 80 l 8; 2 dur 70 SO to 81 1S;
arr 70 5 to 81 l 8; 3 corn so l 2 to 81
arr 60 IL; 4 corn Sc to So; 3 winter
oats SO IL; to SO "a; arr So IL; g.
oats 33 IL to So; barley choice mont
"a to 81; good 50 to 60; poor A to 50;
rye 81 to 56; arr 81 to Sc; flax 141 SIS
&c IA SIS; arr 141 50; Dec SO; May
Sc 81; July SO a..
DULUTH.
Dec IS 1.S; May 81 49, July IS 3-S;
l hard on trk So Is; 1 nor on trk IS,
Is; 2 nor n trk SO 1 8 to SO 5 s; to arr
I. nor IS l s.; mont 2 hard on trk 81
rs; arr "a IS; spot dur No. L SO So;
arr SO spot dur No. 2 50 Is; No.
2, arr 81 So to 80 1.S; Dec SO 3.S; May
S6Y1 s.; oats on trk So; arr 361 Q; rye
on trk 50 to SIS; arr not quoted barley
on trk not quoted.
flax on trK IA l.S; arr l44 l-S; dec al
Is; Pan. 143; nominal; May 147 Is;
High May So IS; Low 81 Is.
ST. PAUL.
CATTLE-Killers steady. Steers,
$3.50 to SITS; cows and heifers, $3.50.
to $3.50; calves,2.5 to soc lower
80 to. $500; feeders, steady to.
slow, $3.50 to $500.
HOGS-Receipts, 24OO; 10 to zoe
higher. Range, $7.45 to $7.55; bulk,
s7.45 to $780,, y
sHEEP-Receipts, 800. Steady.
Lambs $3.50 to $500; wethers, $3..75.
to $40; ewes, $3.50 to $4.35.
CHICAGO.
HOGs-Receipts, $4,000. Weak, at
sc advance. Bulk of sales, $7.55 TO
..75; light, $3.50 to $7.65; mixea,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19
Weather Conditions.

""T1 n VvG0SU6T VCnOJCIONS.
The high pressure area which has
been central over the southwest for
the past few days is slowly moving
eastward and now covers the Lake
region and the Mississippi valley.
The "low" is central over eastern
Montana, western North Dakota and
lower Saskatchewan. The indications
are for generally fair weather tonight
and Friday, warmer tonight east and
north portions, with moderate vari-
able winds.
ORRIS ". ROBERTS,
Official In Charge.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19
Bisnarck;S Associated Charities

The move on the part Of Bismarck people In the
organization OF Associated Charities supplies a much
felt want. and the response to the call is q credit to
the people of Bismarck.
Bismarck is not a poverty stricken place; it is not
the home of a poor class, or of the needy; times
are not hard here; nothing of the kind. Every com
munity has its poor and unfortunate; every city mas
those who are at the bottom of the heap. In some
cases the father is i'll; has contracted disease or has
met with accident, or the widowed mother with a
number OF children, is not in the best of circum-
stances, and in such cases the conditions of the com
munity are in no way to blame. 1t is just such cases
as these which demand the attention Of those who
ARE blessed with prosperity, and it. is in consideration
of these that,the organization of a charitable society
was effected last night.
Here is what the Minneapolis Associated Chart
ties says:
Poverty is a communicable and preventable dis
ease. One beggar, who is a professional at it, begets
scores more. The causes Of poverty are both social
and personal. The remedies the Associated Charity
10 trying to apply are both social and personal. 1t
tries to make the treatment affect the particular
ailment in poverty.
Correct diagnosis of poverty must precede effect
i've treatment and cure. There are charity quacks,
as we'll as medical quacks, and the work of the Asso-
ciated Charities is to separate the charity quacks
from the deserving poor.
Mere sentimental sympathy will never cure pow
erty. Sympathy plus common sense may. But sym
pathy plus common sense, plus social rea%djustment
of the individual surely will. To do this, however,
takes money, To he transmitted into service "S&7
Hence. send your contributions of clothing to Ad-
.1utant Wolverton Of the Salvation Army, or any cash
contribution to John Yegen, treasurer.
HNE -, 10 .,,E 40 IE--.,L 49,, $780, ..z. ~. IT. VT
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19
Company a Corporation, Defendant
and RESPONDENT. ~ ,

Evidence and pleadings examined
and held that plaintiff has not estaD-
lished his right to an easement in a
certain private crossing from the
right of way Of the defendant COM
pany, the complaint, answer and ey-
idence failing to show an adverse and
exclusive possession to the said tract.
GSyllabus by the Court.)
Appealed from the District Court
OF Grand Forks County, Templeton,
J.
Affirmed. Opinion of the court by
Burke, ].
w. J. Mayer Of Grand Forks, N. D.,
Attorney for Plaintiff and Appellant.
Murphy & Duggan of Grand Forks,
n. d., Attorneys for Defendant and
Respondent.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19

$40 to $3.50; heavy, s7.45 to- ,$7.55;
rough, $7.45 to $7,55; pigs 1925 to
1885.
CATTLE-Receipts, 5000. Weak.
Beeves, $500 to 1915; Texas steers,
$3.50 to $7.65; western steers, $3.50
to $3.50: stockers and feeders, $3.50
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19

to $685.; COWS and heifers. $3.50 to
$S.40; calves, $3.50 to $1,000.
SHEEP-Receipts $4,000. Weak,
10 to 25c lower. Native and west.
ern, $4.25 to $3.50; yearlings, $5.4Oi
to $3.50; lambs, native, $6.25 to-
$7.75; western, 1928 to $3.50.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19
REGARDING the Lard Case

The article in yesterdays Tribune announcing the
decision OF tine supreme court In the socalled lard
case is, we have discovered, somewhat misleading,
and, to the end that any erroneous impressions
caused thereby may be corrected, we wish to state
that from such further light as we have obtained
today the chief point in the case is whether it is
q reasonable, and not a merely arbitrary and capri
cious. exercise of the police power for the legislature
to require the vendors Of lard put up in pals to en-
ploy pals containing an even number of pounds OF
lard, net weight, instead of employing pals contain
ing an even number of pounds, gross weight, where
the true net amount of lard in each pail is plainly
disclosed on the outside wrapper. The proof in the
case discloses that, not only has it been the uniform
custom in the lard industry ever since about the
year 1880 to supply to the trade packages by gross
weight, but such is and has been the universal usage
in all other industries. The exact point Of the case
is, therefore, whether 1t is within the legitimate ex-
ercise of the police power of the state to say to the
vendors Of lard that they must change, at great
expense, this well established custom and install new
machinery. SO as to- furnish a net weight, instead OF
q gross weight, pail Of lard. The dissent'ng members
of the court adopt the view that the sole object OF
the statute being to prevent fraud to the purchasers
Of lard, the statutory requirement is wholly unreason-
able. arbitrary and capricious, in view of the fact that
the consumer cannot be misled or defrauded in pur-
chasing pail lard because of the label thereon, in
conformity with the 1907 statute, plainly disclosing
The net weight Of lard in each pail. The question.
therefore. is one simply of the reasonable exercise
.@of the police power. The dissenting members Of the
court also assert that the statute is unconstitutional
and void, for the further reason that 1t singles out
the lard industry and requires net weight packages
lot . certain size to be put out, while as to all other
sHindustries this same statute expressly permits any
8 sire Of package to be placed on the market, and II
10 asserted by the minority that this is an unwar.
ranted discrimination under the state constitution.
The case will no doubt be carried to the supreme
court sof the United States for final decision.
Prestdent Wilson very prudently managed to post
Dons hs cold until he had no important speeches to
y deliver.
The soutiageously foolish fashions Of Paris are
fspok N made for women. One Of the latest requires
ssn - who would BE- sartcrially correct to wear hair
aIibboas.
I u thirty-Ayeythousand.dollar Christmas celebration
said % Is inscontemplation BY John .. Rockefeller
olalashionsd santa Claus with one little sleigh,
@fhl = spaosents cuts : small ngure BY comparison.
&E&4 M.EE
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19
Weather Forecast.

"CWCVVSVr VTCCAOI ~" |"'""--
TIL 700 p. m. Friday.
For North Enthusiastically fair
tonight and Friday, warmer tonight
north and east portions. moderate.
variable winds.
For North Dakota and Vicinity
Fair tonight and Friday, moderate,
variable winds.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19

People who mention both Taft and Roosevelt as
possible candidates in 1916 have no respect whatever
for the dove of peace.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19

All observations taken at 500 a.
m. N5th meridian time).i
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19
The WEATHER

D%isnarck. n. D., Thursday, Deeem-
Der 10, 1918.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19

Nebr1s1 gives Its life convicts a high school
course--those OF them who remain in prison long
enough to take II. These days 9 life sentence means
that the culprit . to remain in prison until pardoned
out, even II It takes several years.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19

The yellow peril no longer monopolizes Mr.. Hob
sons attention. He is now seeing perils as numerous
Is the colors in a pousse cafe.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19

he loved her" which sounds like another mawkishly
insincer4 sEfession.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19

Freak dances are so numerous that it is a task
to learn their names, without undertaking to acquire
the steps.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19
ITALIA BIG FILM
Presenting

PRESENTING
FOUR-PART MYSTERY SPECTACLE
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19

CHICAGO.
HOGs-Receipts, $4,000. Weak, at
sc advance. Bulk of sales, $7.55 to
t..75; light, $40 to $7.65; mixea,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-19

The .outiageously foolish fashions Of Paris are
snoG IN made for women. One OF the latest requires
- who would be s~artorially correct to wear hair
sIibbons.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-02-14
The Municipal Judge.

With i've candidates for Judge OF
municipal ceurt,- the average voter is
going 'toefind himself wondering how
he is to Know which man is = tie best
fitted for the position. Fortunately,
all Of the candidates have had some
training and practice in the law.
The municipal court, or police
court as 1t Is better known. has
jurisdiction over such cases as as
sault and battery, disturbing the
peace. resisting an officer. failure to
obey city ordinances. etc. The
principal qualifications needed in q
police judge are a knowledge Of law
and court procedure. sympathy for
the unfortunate and patience.
The problem which confronts the
voter. then. is to seek out the qualifl-
cations OF each candidate, measure
him by the needs Of the Office, and
:. e :.
vote accordingly.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-02-14

=. Il
mtis the existence Of such a system.
It: ought to be possible : to secure
such medical examination as would
keep out of the asylums all persons
mot belong ing there. -.
The tremendous expense of caring
for the insane is a big burden on the
taxpayer, 1t, is cheerfully borne, for
the citizen has a feeling of extreme
pity for the sad cases Of those un-
|fortunates' are no longer able to
commiugle at large with their fel-
low humans. But this burden ought
not to be increased by the addition
of hundreds upon hundreds of pat
tents who should be kept at home.
If the relatives were held to strict
accountability, and made to foot the
bills there would be a noticeable i'm:
provement in the situation.--St.
-
Paul Dispatch. H.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-02-14
For the Good of. The People,

:: Ameng-the.->h Hss''now before the
Legislature none is more distinctly
for the good OF the people than. the
Dunn road. measure, increasing the
state levy to one mill aud incidental
~ relieving st. Louis county OF the
hftdrance imposed by the old law
limiting this county's levy to one
quarter Of one mill.
The advantages Of good roads have
been held up to public view so often
that the subject is much frayed about
the edges. But for all that it is a
live one, particularly in ..localities
such as this county presents. =.
Within the last few years the sub
ject has been handled not only as a
theory, but in actual practice, and it
IS possible now to go into places
where road improvements have. been
made on an extended scale, and COM
pare results with conditions that ex-
listed before the improvements were
made. '"''
In several places in our own state,
within recent months, reports have
been made on the effect of road i'm
provement,~ and in every one of them
it. has been demonstrated that the
advantage in facilities for transpor-
tation has brought more trade: to
commercial. Hney and been a>saving
TO farmers and others who use. the
highways. Such a result is inevit-
able, for man with produce to sell
or who Is seeking to buy something
will drive to a place ten miles away,
il, the roads are good, rather than to
a locality only six miles away if the
roads are bad And he can make the
longer trip with less loss of time and
less wear and tear on his team and
wagon than he could the shorter one:
Everybody, uses the roads, or at
least uses articles that have to be
transportated over them, and any
thing that helps to bring better high
ways means just that,mnch gain for
the people.-Duluth Herald.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-02-14
PAID ADVERTISEMENT.

(luSoCteU Dy hiram "A. SlWOu6s De-
midi. MINI. Amount Paid, $4,000
HIRAM A. SIM0NS.
Presents himself as a Non-Partisan
candidate for Judge of the Municipal
Court of this City to be voted for at
the coming City Election to be held
on the 18th day Of February. 1913.
On the 25th day OF September,
E1911, he was appointed by Governor
Eberhart to succeed the late Hon. H.
w. Bailey, as Judge of the Municipal
Court in this City, and has held the
office since that time, and he feels
that his administration of the affairs
of the, Office justifies him in asking
the voters Of this city to endorse that
administration at the coming cleo
ton.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-02-14
PAID ADVERTISEMENT

For This. Series, $1,000
I hereby announce that r am .
candidate for the office Of Judge Of
the municipal court Of the city Of
Bemidji, At the coming city election
to be held on the 18th day Of Feb
rnaEy, 1913. -~ -
I respectfully solicit the support
of the voters Of Bemidji. -,
J., JOHN F. GIBBONS. 49,
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-02-14
PAID ADVERTISEMENT:

For This Series, $1,000
= l hereby announce that I am q
candidate for the office Of Judge Of
the municipal court of the city Of
Bemidji. at the coming city election
to be held in and for. said city on the
18th day of February. 1913. 49,. -: ~
respectfully solicit the: support
OF the people OF Bemfdji. 81.
y - JOHN l.. BROWN.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-02-14
Unfair Burden on the. State

Unfair Burden on the State Il
Governor Eberharto says there are
many persona confined in the insane
asylums Of the state whosare. not III
sane. P. m. Ringdal Of the board OF
control says that there are probably
zoo inmates In every state: insane
hospital who could easily be, cared
FOR at home. ~'~. ;. ;. =
Relatives, who do not care to. be
troubled with aged persons who have
become. childish. tlnd the asylum q
happy way out ~of their difaculty.
The board OF control, to correct this,
has urged the. passage OF law COM
polling counties: to pay for the care
Of. the insane, the counties being: al
lowed to collect :. from q: relatives- Of
patients when such relatives are: able]
to pay. This would no doubt result
In stopping the practice. complained
Of to some extent. Governor Eber-
hart believes that the4apparent-i n-
crease In insanity is due to this very
common practice, = 's:-,'s 81
Tho asyluma are crowded. beyond
capacity and conditions are, fer. from = ee1s4
what they should .be. 70 thaseRer-;
age citi1en It also occurs that there.
must So something eat fauit 81 h.a. the.
medical inspection system whlS6 Dos
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-02-14
PAID ADVERTISEMENT

/ hereby announce. that lam a ean-
dilate Tor Judge Of the Municipal
Court ofSthis City, which ONCE Is to
be filed at the coming city election.
and I respectfully solicit the support
Of the sitizens Of Bemidji.
.-:::.'.. q HERBERT J. LOUD.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-02-14
PAID AID VERT ISEMEN
Paid $500 for Series.

/ hereby announce myself as a can
didate for alderman of the First ward
for reelection to be voted upon at
the regular election held in the city
of Bemidji Tuesday, Februaryl18. 4
respectfully solicit your support.
JOHN MOBERG.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1913-02-12
HAS THEM GUESSING
IN THE SENATE
HoKE SMITH OF GEORGIA PUSH
ING HIMSELF FORWARD FOR
LEADERSHIP IN THAT BODY.

Washington, d. C., Feb. 11.-Thc
question of what to do with lIok5
Smith, senator from Georgia, is caus
ing lot of gentlemen who wear
togas in the senate to lie awake
nights and do lot of wondering
in the daytime
The problem is just what sphere OF
influence Senator Smith is going to
fill in the senbe after March 4. He
is being talked of as the possible
democratic leader. Neither he nor
his friends are discouraging any talk
Of this kind or any movement to
that end
Whether the democratic caucus
makes Smith leader or not, there
are those who think he will be the
democratic leader anyhow. He has
already shown signs Of champing at
the bit of restraint supposed to be
imposed by senate tradition. He
Ids DttH III lllt oNllht' NV iii'N''
more than a year, and it would be an
extraordinary thing if a new senator
of this sort should be made leader.
Nevertheless, the Georgia senator
is thrusting himself to the forefront
whenever an important piece of leg
islation or important question of
policy comes up. He refuses to be
suppressed because of the youthful
ness of his senatorial experience,
and he senate is by this time aware
that suppression it not to be thought
of, and that it has Senator Smith
with it, and must reckon with him.
Senator Smith processes to be a
strong progressive. This is in spite
of the fact that he was member
of the Cleveland cabinet from 1898
to 1895. AS governor of Georgia
he fought the railroad machine, and
his record as governor was generally
progressive. On the other hand,
some of the more pronounced pro-
gressives in congress are not enthu-
siastic over his progressiveism and
are accusing him of being more con-
servative than he admits. 1t is i'm
possible for some of the good Bryan
men in congress to overlook the fact
that Senator Smith was one of the
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1913-02-12
Had No Time.

Miss Specs-"Charles, did you ever
allow your mind to pierce the secrets
Of the universe, to reason that this
dull, cold world is but the sepulchre
Of ages past. that man in all his glory
is but the soil we tread. which every
breeze watts in an overshifting maze
to be found and lost in an infinity OF
particles-the dust of centuries. re
united and dissolved as long as time
shall endure?" Charles-"No-o, | can't
say have. You see, I've had to earn
my own living. g.'-Stray Stories.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1913-02-12
{, y 4 4 q q u 4 :. 4 {. :. 4
Practical ventiIatino Hint.

The house should be ventilated In
winter as well as In summer If the
family Is to be kept In good health.
Bedrooms, especially should be pro-
vided with a free circulation of fresh
air, One way to get fresh yr in
bedroom without having a draft is to
tack strips Of cheesecloth across the
top and the bottom of the window so
that when it is opened in both places
the fresh air will enter the room and
yet, should there be a strong wind.
its force will be broken by the cloth.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1913-02-12
PRESBYTERIAN Ladies' Aid.

The Ladies' Aid Society Of the
Presbyterian church met on yesterday
afternoon with Mrs. H. c. Potterf.
Among other things it was decided
to have Parcel Post Party on the
evening of March 18th, to which all
friends and acquaintances will be in
vited.
The ladies are still working on their
pure food demonstration which will
be given in April.
Mrs. Potterf served delicious re-
freshments.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1913-02-12
Broadway Baptist.

The Broadway Baptist Woman'S
Aid and Missionary Society met on
yesterday afternoon at the church
The Bible lesson was led by Rev
Masters.
Reports of committees were heard
Mrs. E. f. Chivers, a former men,
ber, who now lives in Pauls Valley
was present and gave a report of the
Pauls Valley society, which the ladies
found both interesting and novel.
A committee was appointed to
make arrangements for continuing
mission study.
A list of strangers was made out
and their addresses given to the la
dies present.
The society meets next week at the
church.
At Mrs. CorIew's.
The invitation extended by Mrs.
Corlew and the ladies of the Christian