davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
FROM WARD COUNTY.

TnO" "AnO NOON 7.
John Swords, Respondent, VS.. Benz.
Mcdonnell, Appellant.
Syllabus:
I. Plaintiff sustained personal in
iuries in a gravel pit while in defend
ants employ for which he recovered
a verdict and judgment for $4,000.
On appeal defendant urges that plain.
tiff was guilty, as a matter of law, of
cOntributory negligence and that he
should be held to have assumed the
risk, also that the evidence is insult
icient to show negligence on defend
ants part. Held, for reasons stated
in the opinion, that each of such con-
tentions are without merit. Ulmstead
VS.. Colgate Elevator Co., Is N. D. 316,
and Webb VS.. Dinnie Bros % N. d.
377. are cited Ind followed as con-
trolling.
2. Following the we'll settled rule
quest for more specific instructions.
error cannot be predicted upon the
giving of instructions which state the
law correctly as far as they go. but
which are not as full and specific as
they should have been.
3. An instruction which mistakes
he law as applied to the ISSUES and
The proof is fatal to a recovery unless
it affirmatively appears that it was
non-preiudicial.
4. Applying the last stated rule ie
is held prejudicial error, where spC-
cla damages are neither alleged nor
proved, to instruct the Jury that dam
ages for a person;l injury consist Ct
three principal times: First, the e.
7ense which the injured person is sub
iected to by reasni, of the injury coin
planned Of In-tl.e light CT the rec
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21

the work, and also in the organization
of the Oliver County High School as
ISOLATION. Owing to the inability to
conduct a high school under the usual
conditions, the organization was ne
cessary in order to conform as nearly
as possible to the laws governing high
schools. The officers of the associa-
ton are: rad
Robert Dunn, president.
o. B. Cook, director,
Il. D. Light, treasurer.
w. Il. Maher, clerk.
Arrangements were made by the
association, with the local school
board, whereby Principal S%teinhilber
teaches first and second year high
school courses in connection with the
seventh and eight. grades of the dis
trict school.
Several pupils have already enroll.
ed for the high school courses. and 1t
is expected that several more will
take advantage Of The opportunity for
the higher studies, as soon as condl-
lions on the farm permit.
All are urgently requested to take
advantage of the start just made and
help to eventually develop the propo-
sition into a permanent high school
for Oliver county.
Anyone interested is invited to com
municate with either of the above
named officers or the principal.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21

r. R. McGregor, Respondent, VS.
Great Northern Pathway Co., Appel.
liant.
Syllabus:
l. When the evidence in regard to
contributory negligence is such that
different minds may reasonably draw
different conclusions. either as to tie
facts or the conclusions to be drawn
from the facts, then the question OF
c~ontributory negligence is one of fact
to be determined by the jury.
2. 1t is Held, That under the term
of the contract and the circumstances
of the case, a caretaker of a shipment
of horses, who at the time of the acct
dent was riding in the ctock car in.
stead of in the cabOose vas not guilty
OF contributory negligence as a mat
ter of law.
3. A person in charge of life stock,
riding under & contract which evil
dences his right Of transportation Oh
the train transporting the stock shnp-
ment, and contemplates his carriage
to care for the stock, is a passenger
for hire.
4. A person SO travelling will be
deemed to have assumed all risks
reasonably incident to the mode OF
transportation utilized, but not those
risks and dangers produced by un.
necessary and unusual occurrence
not incident to the proper handling Of
a train of that kind. 21T .Tg32} gTa@.
5. A railway company is mot re-
aieved from its obligation to exercise
great care for the safety of such, pas
senger.
6. 1t was not reversible error for
The court to use the term 'proximate
cause" without otherwise defining it.
IN absence Of a request for an appro.
pirate instruction. c. ."@Ti VI
"l The courts instructions to the jury
should be considered and construed
as a whole.
s. Where an instruction is correct
rs far as it goes, a party to the &C
ion, who deems the same not suffi.
GENTLY explicit, should present re.
quests for more specific and compre-
l~ensive instructions.
~ AAA Z ~ oSAASS W OH"
allegiance, in support of a motion for
new trial on the ground Of newly dis
covered evidence, should specifically
state the acts performed in order that
the court may determine what dill.
5ence was used, and more general as
sertions of diligence are insufficient
is they constitute only the opinions
Or conslusions of the aftiant.
. 10. A motion for a new trial on the
ground of newly discovered evidence
is addressed largely to the sound judi
cial discretion of the trial court, and
he appellate court will not interfere
unless a manifest abuse of such dis
erection is shown.
Appeal from q. Judgment and an or
der denying a e trial of the dist
riot court of Ward county, Leighton,
j.. Defendant appeals. rs 4
Affirmed. Opinion Of the court by
Christianson, J.
E. R. Sinkler, Minot, for plaintiff
andrespondent.
Hudley Il. Nash, Minot, and Murphy
& Toner, Grand Forks, for defendant
and appellant.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21

A new dwelling house and COW barr
Will be erected at the feeble minded
institute at Grafton this fall. Two
new dynamos will be added to the M
chinery equipment all at a cost OF
about $4,000. B..
The first of the fall meetings of the
Nortl Dakota Life Underwriters as
ISOLATION was held at Fargo last week,
it being n CT the largest meetings
in the history of the association.
Eight new members we're voted into
the organization.
Joseph E. Quivey, a Great Northern
brakeman running between Barnes
vile and Grand Forks, was caught be
tween two cars on the loading track
near Tench street north early yester-
day morning while the crew OF freight
train No. 403 was shunting cars and
was so badly crushed that he died Ii
minutes after the accident.
-
The first term of court in the new
county of Slope was probably the
shortest session ever held in the
Tenth Judicial district. The session
opened on Monday and was owe with
at zoe on Tuesday. There were no
cases or the criminal calendar and
the ten Eases on the civil calendar
were quickly disposed of by being put
over the term by stipulation OF the at
torneyS.
While comparatively little thresh-
ing has been done in Williams and
Mckenzie counties due to the week of
wet weather, the early reports of
yields to reach the office of the Her.
a,d indicate that the bumper crop
forecast has not been overestimated.
The wheat yields reported range be-
tween Is and 35 bushels with the
fields giving the larger returns by no
means the exception.
There is now under construction at
Werner, Dunn county, North Dakota,
a new consolidated school building
that will not only. be a credit to the
town of Werner, but is one that any
town or city could be proud of. The
new building is 50X90 feet and will
have a full basement and one story
that will be complete throughout. In
the basement will be located the man
ual training, domestic science, large
locker, boiler and fuel rooms, and a
large gymnasium. This part of the
building has ~ foot ceilings. The first
floor will contain four grade rooms
with ample hall space and cloak
rooms. toilet rooms, and an Office or
teachers room. 2tThis floor is so ar
ranged that two of the grade rooms
can be thrown together with sliding
doors giving a. large auditorium for
assembly purposes. The building is
a model school throughout and will
be a credit to the ,enterprising citi.
zens of Werner and vicinity who have
IN mind the futuTe growth in popula-
ton and DEVELOPMENT, of the country
and who plannsH accordinglYa Too
often boards Of education nlan for the
present only andojfinds in a few years
they have IT, add 10 or rebuild at great
expense. This 6ran-inever be Ne done
nronerly unless the rlans are properly
formulated at thu beginning ard PRO
vide for i~ncreasesas has been done in
the case of the Werner citizens. When
convicted the Werner school will
cost $4,000 but the board has arrang-
cd to leave = portion of the structure
unfinished thereAv. expanding at this
time about $15,0D6.9
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
State News and Comment

The Lansford post office was moved
Wednesday to it's new location in the
new building erected at TIE rear of
the First State Bank OF Second ave-
nue..
Carl MacCannell, formerly of Graf.
ton, writes from Canada that he has
joined the army at Winnipeg and his
regiment will leave for the front this
winter or in the spring.
." -
A harvest hand, who was putting
up for the night in a box car at BAL,
four, was held up and robbed of $4,000.
The robbers locked him in the car
and made their getaway.
l.. E. @Ullery lof Sidney, Mont, was
an Arnegard visitor last Monday and
Tuesday, in the interests of the An
derson Coupling and Fire Supply Co.
of Kansas City, with the view of plac-
ing a fire apparatus in Arnegard.
s.
Ray Crandall, a Mandan boy, went
To Winnipeg last fall and enlisted in
the Canadian volunteers. He was re-
Gently wounded with his regiment in
France and wrote a letter to hi1
parents from a military hospital at
Bristol, England, telling them Of this
wound and of his hospital life.
-
Miss Eflie Morgan, daughter Of Mr.,
and Mrs. Andrew Morgan, residing be.
tween Hope and Cooperstown and a
former teacher lear Cakes, died Sat
urday at a local hospital at 6 O'Clock
a. m. from the effects CT an operation.
Sac was q years OF age. Present al
the bedside when death occurred was
the mother.
All records in Fargo for the tying
of tags in an effort to raise funds
were shattered yesterday when socie
ty women Of this city, who worked in
teams and numbering about 40, late
last evening reported that the result
eff their days work for the Florence
Crittentcn home was over $1,000, just
about double the amount received last
year. -. '-a.
Williston's new armory will be
equipped with a fine up-tO-date swim.
ming pool and gymnasium with com
plete equipment. While the plans fer
the new building were drawn to pro-
vide for a swimming pool, it was be-
lieved that it would be impossible to
finish this at the present time. How
ever, it has been found that as long
as the contractors are at work the
swimming pool can be put in at small
additional expense and it is predicted
that the additional gymnasium inter
est and revenue will offset the extra
cost.
Charles Valette, a transient, was
drowned Friday in the james river
neor the Warren firm about three
miles southeast of the city. The fire
man on Tle engine of the valley pas
senger train, in .ppssing tne spot. mr.
ticed what appeared to be the BODY
of a man inssthe river. The track
runs .eaese tosthe river at tnat place.
Condl.ctw Edward. Knowles Was mott
fed ard the city authorities were
informed of the matter. The coroner.
Flint and States AttAr.
ney Chase attempted to find the body
last nightETbut it was too dark, and an
other effort made this morning was
successful. The body was found in
about four feet Of water.
ES.s a., Nra # = sgEyNE Ms ~
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
KICKS COME IN ON
NEW Ignite RATE

.-H. eE'.I. rs.s T. ."I ftr . 800
The Railroad Commission yester
day received a protest from the coal
mine operators, in the Burlington dis
tricc between Minot and Stanley. The
operators object to the lew Lignite
coal rate, recently agreed on by the
commission in conference with rail
road men and the operators from al
other fields in the state. The Bur
lington operators had been invited to
attend the conference but. none of
them were present. They ask That
the rate case may be reopened and
another. hearing held.
The Railroad commission have not
yet decided what action will be, taken
in regard to the protest, but it is I'm
likely that another hearing of the lig-
mite rate case will be held.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
GIFT TO JAPAN

The seamen's law passed by the
Democratic Congress is hailed by the
Japanese business men as a deliber
ate gift of a monopoly of the carrying
trade on the Pacific ocean. This view
is set fcrt-I by Mr.. Gisafu Takikawa
a vice-president of the Kobe Chamber
of Commerce, who is now in this coun
try. He comments rungently on the
disappearance of the Pacific Mail
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21

Following the path blazed by Card
inal Gibbons, Cardinal Farley has
n out against woman Suffrage
He has author. zed the following state.
ment, originally made in Los Angeles,
as his present view of the question:
81 think it best for all women tC
leave to man politics, and, as far as
possible, the affairs of government. L.
is my belief ti.at women will soon tire
Of the ballot in states in which they
have secured it. A fad, | do not be
lieve it will last
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
NEUTRALITY AND BUSINESS.

United States finds itself in a pc
culiar. relation with the %belligerents
of Europe. Neutrality is not an cas-!
role to play, and, when business oe
comes involved in the process, the
task is even more complex. Owing tc
England's virtual command of the
sea and her strict trade embargo
America finds all markets closed tC
her with the exception of those dom
mated by the Allies.
This situation, however, should no
force the United States into relations
with England and France that are no
in consonance with international law
and the uSuges. of nations. ,.. ....
Those with German tsympathies
naturally regard the credit loan as
a violation OF strict neutrality. IL
it is legitimate. to sell munitions. o
wsrEsat all, surely It is proper t
fnarses this .business Just as all othe:
! purchases, are.
With the i seas free, the UniteS
States would be selling war supple"
to all belligerents upon an equal foot
ing. This is a condition, however
over which this nation has little con
troll. International law s%ubstantiates
our position on the expectation },
arms. It is up to the financiers TO-
to see that they are not drawn into
giving the ~belligerents credit con
cessions so unusual as to be construed
as %unneutral.
Not even the ProGermans cal
reasonably take the stand that a cred
it loan to facilitate tho movement O.
grain, stock and other farm products
is a violation of neutrality. Germany
upon application, would get the sam
concessions. The Dual Alliance, how
ever, is not in position to draw upor
the resources of this nation. That is
their misfortune, not our fault.
The request of the Anglo-Freno.
commission for a credit loan to facili
tate purchases and stabilize foreign
I exchange is not without precedent
] A small French loan was placed j.
this nation some time ago. Las
spring German government notes tr
the amount of ten million were float
ed Through American banking inst
tutions. These incidents did not pro
woke much comment at the time. l.
is only the size of the lean now ask
ed that has centered attention upor
it. The principle of the transaction
however, remains the same.
American interests, all things beinf
equal, Should come first. The loar
doubtless will be properly safe guard
, ed so as not to amount to an extern
sion of credit merely to furnish the
ALLIES with the sinews Of war. Suci
an object is far from the minds of tho
American bankers. Their main in
terest is to protect the prosperity Of
this nation and prevent a commercial
depression from which the Northwes.
especially would suffer.
. In the final analysis, this credit
loan should merely facilitate tho pro
cess Of exchange. When it serves
other purposes not in sympathy with
a strict neutrality, then it will be time
to call a halt.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
FOX oesEoulEs

San Francisco. Sept. 20.-Eight
flags draped caskets containing the
dead of the i'll fated Submarine F-4.
whica arrived today, aboard the U.
Steamer supply. The bodies viii
be shipped away tomorrow. the four
identified bodies to their homes, the
seventeen fragramentary bodies in
four caskets to the National Gene.
terry at Arlington, Va.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
ELkS INITIATION

The Bismarck ledge of Elks put the
antlers on a large herd, last Satur-
day night. Following the business
session, and the initiation 2 smoker
was .leld, at which there was a large
attendance. SATURDAYS meeting viii,
start the winter activities of the
antlered herd III this city.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21

ord, the giving of this instruction was
very prejudicial.
Appeal from the district court of
Ward county, Leighton, J.
Reversed. Opinion of the court by
Fisk, G. J. .
Greenleaf, Bradford and Nash, for
defendant and appellant.
r. R. sinkler, Minot, for plaintiff
and respondent.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
CENTER HAS HIGH
SCHOOL COURSE

Center, Sept. 2O.-With the begin
mig Of the present term of school in
Center the hopes of many parents ard
school patrons was realized, for Cen
ter now has a high school in full
swing, first and second year studies
being taught.
1t "a through the medium of a
mass meeting recently held, called by
County Supt. Karges, that the
matter was discussed, resulting in f.
nancial pledges-suficient to carry on
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
POPULAR FAVORITE .
At ORPHEUM TONIGHT

The leading role in the new r.. A
Rolfe screen production entitled
Fighting Obj" and which will be
shown on the Metro programme for
the first time in this city at the Or.
pleum theatre on matinee and to
might only will be Interpreted by Cd
rim Johnson, an acto1 known TO every
patron of the first class dramatic the
aires.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
PRINTING.

BUSINESS cards. letter heads, sts
tionery, job work Of all kinds, boob
lots. catalogues, folders and b!an'
books for every purpose. IN st""'' on
made to order. Bismarck Tribune
70. Phone - or write. Our Gales
uan vSlJ aaA
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
LOCAL WEATHER BULLETIN.
Eov +l,o "a home op1ino at n m

For North Dakota: Fair tonight.
with frost; slightly warmer northwest
portion; Tuesday fair and warmer.
= ORRIS w. ROBERTS,
Section Director.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
TUEsDAY SEPT. 81, 1915.

1. . :. :: s. :. :: :: :. :: :; :: :. =
where THE TRIBUNE CAN Y
= ne BOUGHT
:. i: :. : :: :. :. :: {: .:::*:*
Fargo, N. D.
Gardner Hotel
Grand Forks, N. D..
Hotel Frederick.
Devils Lake, N. D.
H. B. Rosenberg, News Agent.
c. ]. 3. Turner, News Agent.
Minot, NJ. ..
Mansen Bros.
Dickinson, N. o.
st. Charles Hotel.
Minneapolis
Kemp & Cohen, News Agents.
Hotel Dyckman
Hotel Radisson
St. Paul, MINI.
Merchants Hotel
st. Marie, Fifth St.. News Agent
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-21
SUPREME COURT
FROM A r COUNTY.

r. R. McGregor, Respondent, VS.
Great Northern Railway Co., Appel.
liant.
Daily capital journal. (Salem, Oregon) 1903-1919, 1915-06-03
WE SHOULD NOT TAKE SIDES.


lOregon city Entcrurisc.l
In this hmr Of worldwide battle
when American lives have been taken
when the only law between nations au
pears to be- g law of beasts and wher
news dispatches sell us that diplomatic
relations with one Of the prncipal bel
| ligcronts is strained 10 Is well that wr
should remember that we are American.
first, last and nll the time.
II Is great credit 70 this country
that we have shown no decided prefer.
enco IN this great war For us there Is
no middle course, me- compromise. We
cannot be proGeruan or pro. English.
Deep as may be Tho feeling Of some
Of 1s for kindred beyond the sea, we
have set our faces 70 the fHture-a fu.
ture not mortgaged 10 wild hate.
On brh sides paid publicity bureaus
have been busy trying TO convince the
American public Of the worth Of their
respective causes. Since the sinking of
the Lusitania, these bureaus have been
active aud now that the
strained relations between the United
States and Germany have given the
entire conflict o more personal tone
here, we should be particularly on our
guard.
We cannot take sides. We can uly
wait for that time when The insanity
,f war may pass from the homes and
learts Of men across the sea.
Daily capital journal. (Salem, Oregon) 1903-1919, 1915-06-03
X 4 * X X X X X X X X X Il ,
THE MARKETS


The livestock market today is weak
Veal has not recovered from the decline
of last week, the top price today being
cents, Spring lambs are off il cent
and only the finest quality Of sheep
will bring 81 to 6 cents. The prices
quoted in these daily reports are for
tops and when an inferior quality Of
meat is brought to the market BUYERS
will not pay within cent of the quoted
price. To secure the market price, the
livestock must be of prime quality.
Eggs and poultry are unchanged.
WnlIee eggs are quoted cash II cents,
few houses who are short are paying
Is cents.
The grain market is quiet, with no
changes since yesterday
Daily capital journal. (Salem, Oregon) 1903-1919, 1915-06-03
TAX COLLECTORS TO
ENDORSE DELINQUENT
TAXES ON RECEIPTS

lhasmuch as many Of the blank AS,
seSSment rolls for the present year had
Deen ordered printed by the county as.
SCISSORS of the several counties LONG be.
iore the legislature convened and II
would have been impossible for them
to have foreseen what changes tbc loo.
islature would make in regard 10 what
M orma'ion they should contain, the
STATE tax commission this morning IS.
sued general circular to the shcriffs
as TAX collectors Of the several conn.
ties informing them that that seetion
OF the revised statute requiring a sen,
arate column on the rolls for CARVING
forward the amount of delinquent taxes
from year to Year, would not apply to
inns year S roll but should be provided
TOR on next year's assessment roll.
Daily capital journal. (Salem, Oregon) 1903-1919, 1915-06-03
Future Men of Warning
Nations VIII Be Shorter

San Francisco, June 3. predioiin,
mat the Germans Of the future genera
tons will be- an inch shorter than tbrl
iorefathers are today foreensiipg IN,
same results for Englishmcn. Belginps
scotch, Irish and French Dr. A i
hcid, director of rnrc beticrment oy
hlhiis 40 the Panama Pacific oyposi
uon today declared the Europeap NaI
will mako the French tho shortest neo
PIE 10 stature IN Europe.
THE French lost four inches In
height during tho NapolconIc war. 7
says DR.. Reid. "If this war contnte,
another year the succeeding genera
i,ons will be from five TO fen year.
shorter lived than tho present genera
tlons
"Iho birth rate In Francs bas do
creased 70 per cent since tho beginning
Of the war aud there are few children
comparatively speaking, who viii reach
manhood aud womanhood to perpetunte
The stronger strains VI their fathers
now at The frontp