davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14
From WARD COUNTY.

DH0VV "Vbt0
D. C. Green!eaf, Plaintiff and Re-
spondent,
Minneapolis, St. Paul & sault Ste.
Marie Railway Company, a Corpor-
alton, Defendant and Respondent.
D. C. Greenleaf, Plaintiff and Appel
liant,
~ Section 6293, r. C. 1905, being
Section 6S75, Compiled Laws Of 1919
and which provides for an attorneys
lien on money due his client in the
hands of the adverse party or attor-
new of such party, in an action or pro-
ceeding IN which the attorney claim
ing the lien was employed from the
time of giving notice in writing ap'
plies to for actions for personal in
juries as we'll as to actions which are
founded upon contract, and this al
though such actions do not survive
the death of the plaintiff.
~ The words, action and pro
ceeding," as used in Section 6293, X.
&. 1905, Section 6875, Compiled Laws
1913. include actions and proceed
ings for the recovery of damages for
personal injuries.
81 An action is IAN ordinary pro-
ceeding in a court of justice by when
a party %prosecutes another party Tor
the enforcement or protection OF a
right, the redress or prevention OF a
wrong or the punishment OF a puollc
offense."
az The term, "proceeding,' in
cludes the form and manner of con-
siderl1g judicial business before a
court or judicial officer, and regular
and ordinary proceedings in form OF
law, including all possible steps in an
action from its institution to the exc
cution of Judgment.
81 Where the language of a stat
ute is unambiguous, it is not for the
courts to inquire as to the motive OF
the legislature nor to depart from the
meaning which is clearly conveyed.
(6) The attorneys lien given by
Section 6293, R. G.. 1905, Section 6S7o,
Compiled Laws of 1913, when sought
to be asserted in al action or pro-
ceeding for the recovery of damages
for personal injuries, attaches to. that
into which the right of action is
merged. If a Judgment is recovered
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14
GRAY HAIR BECOMES
DARK, THICK, GLOSSY.
Look years younger! Try Grandnna's
recipe Of Sage and Sulphur
and nobody will know. .

Almost everyone knows that Sage Tea
and Sulphur, properly compounded,
brings back the natural color and lustre
to the hair when faded, streaked Of gray;
also ends d%andruff, itching scalp and
stops falling hair. Years ago the only
way to get this mixture was to make it
at home, which is mussy and trouble
some. ..
Nowadays We simply ask at any drug
store for "Wyeth's Sage and Sulphur
Compound" You will get a large
bottle for about so cents. Everybody
uses this old, famous recipe, because no
one can possibly tell that you darkened
your hair, as it does it so naturally and
evenly. You dampen a sponge or soft
brush with it and draw this through
your hair, taking one small strand at q
time; by morning the gray hair disap-
pears, and after another application d
two, your hair becomes beautifully dark,
thick and glossy and you look years
younger. ..s... Ear. O.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14
BOATS ARE
DO|NGGO0O WORK
Germany Ushers Watercraft Into
Patrol Service in Belgian
Rivers.

Brussels, Jan. 13.-The Germans
have just modified a sort Of inland
navy of motorboats, which formerly
served pleasure purposes on the lakes
around Berlin, but which now cruise
up and down the Belgian rivers and
canals as if organized for the work.
= The boats are for the greater part
very fast and undertake a sort OF dis
patch, bclice and reconnaissance SER
vice They are painted grey, carry
machine guns and in some cases small
wireless outfits. However, the odd
est ray: about them is possibly the
crew.
Handy With Rifles.
Almost without exception the cap
tain Of the. boat is the owner and the
crew is usually formed by men who
pass much OF the summer in the shsll'
of the Berlin rowing clubs. They are
all volunteers and before they could
be sent to the front had to be trained
in The use of the rifle. But many of
them took to this rapidly. At a re-
cent fire Test on the Wannsea the
"hcOtsaDtrilunH." as the service is
known, established a percentage OF
twcrty.e:ght hits, which is considered
a higl, ave rage. Many of the captain
owners arc elderly, well-to-do men,
But that. i. IS asserted, has not less
ened their efficiency as "canal cruiser
commanders
Do Various Service.
Carrying dispatches is one " lie
missions Of the fleet. For this the
speediest boats are used. Other
boats. police the Belgian rivers and
canals.
In a recent search of the houses
along the Briggs and Ostand canals
two of the boats collected 226 rifles
which had been hidden.
Making wal on aircraft is also the
business of these boats. Recently ar
English aviator dropped two bombs
near one that had molested him witt
machinegun fire. The bombs TEL
wide, however, though close enough
to have the explosion smash every
part in the boat. Fishing for mines
is not the least of the tasks of the
canal cruisers. Mines fastened tt
pieces Of ground have been found ant
now cruisers approach every floating
| timber with caution. One boat cap
tured 100000 pounds of tobacco ant
600 600 pounds of cotton.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14
GERMAN AVIATOR
: TELLS OF Battle
Encounter With French Airmen
Bespeaks Methods of Mod
ern Warfare.

Hanover, Germany, Jan. 13.-One
of the promising li%terateurs of Ger
many, who is now an army aviator,
sends home some vivid notes of life
on the aerial fronts. He writes:
THE weather has been abominable,
M series of changes from rain to
snow and fogs and high winds which
keep some Of us Amos: continually
;seasick. Notwithstanding, we keep
up our flying industriously.
French Are Annoying.
M "A few days ago / had an %encount.
,er with French aeroplanists which
Of the many / had is the II which
! am least likely to forget. Two of
the French machines were shot down
and q third was forced to land.
although the French aviators have
the highest respect for IL anti-air-
craft pieces, they have recently an
noyed us lore than we thought neces-
sary.. W. decided. to organize a sort
OF aerial outpost service, the purpose
of which it was to inform us of the
SOAlAlllS VI t4lC ClCl otCC4OlAu0s
y Encounter Rival Aircraft.
= Zone day we were told that a squad
O of five machines was coming from
the direction, of A POSSIBLY Arras.)
There was a rush for Our machines,
soon the motors .snarled, then hum
med, and within one.half minute Of
n another the craft got under way.
with the intention of teaching the
enemy a lesson we started for alti.
tude. Everybody was armed to the
teeth, and in addition to Jul bombs
we carried rapid fire guns on several
of the machines.
Preaching the vicinity of A We
noticed that the French flyers had
begun to cruise about. Double and
single-deckers bent here and there
studying the ground underneath.
Machine Takes Fall.
t "We were keeping in a single file
and for this reason the French must
have formed an erroneous conclusion
as to our strength. At any rate they
Soon saw us, and with a few minutes
manoeuvred for an attack on the first
of our machines, a Taube.
But it's pilot made a graceful curve
downwards, then shot up on again,
keeping up the. while a fire which
must have put the propeller of n
of the French machines out of COM
mission. OF a sudden the machine in
question" took a headlong dive down.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14

telling him just how things stood,
making a "cleaa breast of it, and
offering to make good with interest.
The government wrote back to the
old man that it would overlook his act
if he returned the money, the result
being that Swanson sold his farm,
near D~onnybrook, for over $4,000 las,
week and he mailed the draft to the
government making up the deficiency.
Swanson owns another farm in Can
ada and has property at Harvey, n.
D., where his divorced wife n
daughter live. Mr.. Swanson has left
town for Harvey .
After he had been converted by the
mission Mr.. Swanson told some of his
friends. 81 couldn't sleep nights at
all, thinking about that pension. The
devil was after me. But I'm square
with Uncle Sam and I'm right with
God now"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14

ward, but righted again as it neared
the ground. .,,u .
meanwhile we had deployed in bat.
tie formation, and now began A. bat
tie Of n machine against another.
The French made every effort to bom-
bard us from above. Higher and high.
er scared the opposing machines, try
ing for ever to pass owe the other,
but succeeding in little more than
keeping more or less on the same
level. /. ~ .
Battle Continues.
"The wind being rather high and
treacherous, sailing was none too
easy. The machines pitched and
swerved, bucked violently as they hit
a wind-wave, and fell from under us
as they struck an air-hole. To the
humming and sputtering of the mo
tors was added TIE noise of firearms.
Our motor made such a racket that
we could hear the rifles and machine
guns of u men and those of the
enemy only as we passed them closely.
con my left n of our machines
was keeping up a heavy fire upon one
of the French craft, the rattle of the
machine gun keeping time with the
motor exhaust. OF a sudden a man
fell from the French plane, shooting
towards earth like an arrow, followed
directly afterwards by the machine.
With that the second of the enemy's
craft had been disposed of.
His Own Encounter.
ut now got to be the turn of our
machine. With a violent jolt IL laid
itself to one side, and in the next in
slant our machine gun took the third
of the French machines under fire,
a large double-decker, which by
was virtually cutting our planes to
ribbons with a murderous machine
gun fire. For but a few seconds did
our antagonist manage to keep this
up-his machine began to pitch and
roll, and after a tremendous buck
upwards it shot to the ground head
long.
"By now the other two machines
considered it best to retreat but that
did not end our labors. We became
aware that we had drawn the fire of
the enemy on the ground, and felt it
our duty to reply to this. So up we
scared again, returned to A and be-
gan to drop bombs, with splendid re-
suits. The gas plant exploded and
considerable damages was done to the
two railroad stations
"Unfortunately one of our men was
obliged to land, but our victory over
the French was complete, neverthe-
less" u" s%S ~ "
The writer for his share in the cpl
sode treated, was given the iron
cross.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14

the lien attaches to it, If a cOmpro-
mise agreement is made the lien at
taches to it, and in either case the
attorneys lien is such that it cannot
be defeated or satisfied by a volun-
tary payment to his client without his
consent.
G) 1t is opposed to the policy OF
the law and Section 6293, R. c. 1905,
Section 6S75, Compiled Laws Of 1913,
gives to an attorney no right, to pre-
vent his client from himself settling
his claim for damages for personal
injuries and without dictation by
such attorney. An agreement which
seeks to deprive the client of such
right is void, but it does not other
wise i1validate an agreement for
contingent fees which is otherwise
valid.
49, Where a lien is claimed under
Section 6293, r. C. 1905, Section 6S75,
Compiled Laws of 1913, in an action
for personal injuries, and due notice
thereof is given to the defendant and
a settlement or compromise is made
with the plaintiff with or without the
consent of the attorney, such lien will
attach merely to the proceeds of the
settlement, and if the contract or lien
is for a percentage of the claim or re-
cover, will merely be for such per
| centage of the amount for which such
claim is settled or compromised.
Syllabus BY The Courtu.
Appeal from the District Court OF
Ward County; Fisk, Special Judge
Action to recover on an attorneys
lien. From ar order sustaining a de
murrer to the complaint plaintiff ap
peals.
Reversed and Remanded. Opi1ior
of the Court by Bruce, J.
NE. r. Sinkler, W. F. Doherty and
Dudley l.. Nash, of Minot, North Da
kota, Attorneys for Plaintiff and Ap
pellant.
.Palda. Aaker G. Greene, of Minot
North Dakota, Attorneys for Defend
and Respondent.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14
Supreme Court
From Sargent County.

Barbara Trubel, plaintiff and re-
spondent, VS.. Andrew Sandberg and
Caroline Sandberg, his wife, defend
ants and appellants.
Defendant paid the amount due up
en- a mortgage note, to an investment
company, which assumed to act as
agent for the mortgagor, but who did
not have possession of the note, and
who embezzled the funds.
% Evidence examined and held
insufficient TO show that the invest
ment company was agent for plaintiff
in making such collection.
Syllabus BY The Court.
Appeal from the district court of
Sargent county, Cooley, j. Opinion of
the court by Burke, j. Affirmed. Bar
nett & Richardson, of Fargo, N. D.,
and John A. Nordin, of Minneapolis,
Mimi, attorneys for defendants and
appellants. w. A. Mcdowell, of Min
neapolis, MIMI, and Henry Moen, of
Hettinger, N. D., attorneys for plain
tiff and respondent.
From Ransom County.
IKE SOullIy vi hod piuAA1l1A,
appellant and respondent, VS.. C. Fl.
Cooper, defendant, respondent and APP
pellant.
/. In an action by a county against
it's treasurer to recover certain COM
missions earned and retained by him
for collecting moneys due the state
on school land sales and leases.
Held, constituting Sec. 43, Chap. lis,
Laws 1898, and acts amendatory
thereof, that it was the legislative in
tent that the treasurer should retain
such commissions, as compensation
for his services thus rendered to the
state. -.
2. Constituting section 6, chapter
AZ, Laws 1889 (Sec. 2570 r. C. 1905),
authorizing county t%reasurers to re-
tain one per cent Of all funds arising
from the sale of bonds for the cree
ton OF county building as his COM
pensation for receiving and disburs-
ing the same; together with chapter
SO, Laws 1891 placing such officer on
a salary basis and fixing a maximum
therefor, and acts amenda-
tory of such statutes,
Held, that an irreconcilable conflict
exists between them and that there
fore the former was implicitly repeal
ed by The latter.
Held, further, that the incorpora-
&ion into and ~re-enacting of these
statutes without material change in
he general revision of the laws in
1895 did not operate as a new enact
ment of them but only as a continual
ton thereof as expressly provided il
section 1858 r. C. 1895. Hence, such
statutes should be construed the same
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14
Diseased Blood
Calls for Help
Natures Willing Workers are
Always at Your
Service.

II It is eczema, pimples, boils or worse
your safeguard is S. s. S., the famous
blood purifier. 1t is always lined up to
attack diseased blood. And it always does
the work. 1t does the work after disap-
pointment, after alleged specialists, mer-
curry, iodldes, s%trychnine, arsenic and other
destructive drugs that have reaped a har.
vest Of mistakes and left a host Of lnvalids
guessing as to what Is to come. s. 8. 8.
is not such a drug as the cupidity or IT,
norance If man would be able to produce.
1t Is Natures wonderful contribution to
our necessities. 1t is wonderful because It
can not be initiated; can not be made any
other way than to assemble Natures prod
ucts and produce what a host Of men know
as 8. S. s., the worlds greatest medicine.
There are people everywhere that had an
old sore or ulcer that deied all the salves
known. And yet s. s. s. taken into the
blood just naturally put into that old sore
the elements that made new tissue, new
aesh. and covered 1t with a new coating of
healthy skin. Get a bottle Of 8. 8. 8.
today Of any Druggist and be on the way
to perfect blood health. But beware OF
substitutes. FL: special advice consult the
medical department, The Swift Specific Co.,
81 Swift Bldg, Atlanta, Ga. 1t 10 free
and has helped a multitude.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14
DON'T S$g|E E{E SREu.uc,,
Musterole Gives Delicious Comfor

When those sharp pains 60 shooting
through your head, when your skull
seems as if it would split, just rub a lit
tie MUSTEROLE on the temples and
neck. 1t draws out the inflammation,
soothes away the pain-gives quick
relief.
MUSTEROLE is a clean, white ONT
ment, made with oil of mustard. Better
than a mustard plaster and does not bis
ter!
Doctors and nurses frankly
mend MUSTEROLE for Sore Throat,
Bronchitis, Group, Stiff Neck, Asthma,
Neuralgia, Congestion, Pleurisy, Rhcr-
matism, Lumbago, Pains and Aches of
the Back or Joints, Sprains, Sore Mus
Giles, Bruises, Chilblains, Frosted Feet
Colds of the Chest Git often prevents
Pneumonia).
At your druggists, in Csc and Soc Jars,
and a special large hospital size for $3.50.
Be sure you get the genuine NUS
TEROLE. Refuse imitations-get what
YOU ask for. The Musterolc Company,
Cleveland, Ohio.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14
From Walsh County,

o'Ss
Farmers Security Bank of Park
River, N. D., a corporation, plaintiff
and appellant, VS.. Florence B. Martin
and Charles B. Martin, defendants and
respondents.
This opinion decides two appeals.
Plaintiff foreclosed two mortgages
exercising power of foreclosure under
the mortgages because of failure of
the mortgagors to pay the real estate
taxes prior to delinquency. after
which time plaintiff paid them and i'm
m~ediately foreclosed because Of such
defaults. Defendants contend that
because of defective descriptions OF
the land in the assessment roll, the
taxes are invalid and insufficient as a
basis for any foreclosure proceedings.
Held:
ID That the, tax description would
be void in an action wherein the tax
court be assailed; but
CD A mortgagee is authorized to
act on the ASSUMPTION that the tax is
valid, where no actual notice is had
the assessment was defective; and the
land being subject to taxation Tor
that year, while otherwise it would
have been subject to reassessment
and relaxation; that the mortgage
had the right to pay taxes to preserve
his security; that in an action to fore
close a mortgage because of non-pay-
ment of such taxes by the mortga-
gors,, equity will not allow the mort
gagors to whose benefit the payment
made by the mortgage Injured to as,
sert the invalidity OF the taxes so paid
in good faith to protect its security.
= (Syllabus by the Court.)
From the judgment OF the district
court of Walsh county, Tempieton,
special judge, dismissing these &C
tons, defendants appeal. Reversed
and Judgment for foreclosure ordered.
Opinion of the court by Goss, j. r.
Smith Peterson and Engerud, Holt 4
Frame, of Fargc, attorneys for plain.
tiff and appellant. Gray e Myers, OF
Grafton, attorn .ys for defendants ana
respondents.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14

Read the story of "The Master
Key in this issue of the Tribune
Adv. .t.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14

CONCERT AND DANCE.
Be sure to attend the concert and
dance at the Armory tonight. Christ
ianson's concert and dance orchestra.
Adv.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14
as though such revision had not been

as though such revision had not been
made. .
(Syllabus by the Court
Appeal from district court, Ransom
county; Allen J. From a judgment
in defendants favor on one, and in
plaintiffs favor on the other u of
acdidn, both parties appealed. Ar
firmed as to each appeal. Opinion CT
the court by Fisk, j. E. w. Bowen,
states attorney, Forman, N. D., Wolfe
& Schneider, Wahpeton, n. D., for
plaintiff, appellant and respondent.
Engerud, Holt & Frame, Fargo, N. D.,
for defendant, respondent and appel
liant. $50. s. -
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-14

The writer for his share in the cpl
sode treated, vas given the iron
cross. ar
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-05-27
$500 REWARD, $500

The readers of this paper will be
pleased to learn that there is at least
one dreaded disease that science has
been able to cure in all its stages, and
that is Cattarrh. Halls Catarrh Cure
is the only positive cure now known
to the medical fraternity. Catarrh be-
ing a constitutional disease, requires a
constitutional treatment. Halls Ca
tarrh Cure is taken internally, acting
directly upon the blood and mucous
surfaces of the system, thereby de
stroying the foundation of the disease,
and giving the patient strength by
building up the constitution and assist
ing nature in doing its work. The pro
prietors have so much faith in its cur
alive powers that they offer One Hun
bred Dollars for any cas- that il fails
to cure. Send for list of testimonials.
Address: F. j. CHENEY & CO., To
ledo, Ohio.
Sold by all Druggists, 75c.
Take Halls Family Pills for con-
stipation.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-05-27

the value Of s126, 00O, 600; a change for
the worse Of s250,O0O, 900 in one year,
practically all of which represents la
Dor. Is it any wonder that 100000
men who were fully employed in No
vember, 1912, were put out Of work
by April, 19149 In November, 1912,
every wheel was turningg in this coun
try, thousands of factories were work
ing day and night; every man who
wanted to work could find work. To
day, millions of men in America are
walking the streets without money to
buy bread for their families. This is
the toll hat is exaeted by a bevy Of
Free-Traders who were determined to
put their theories into execution
American Economist.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-05-27
APPLICATION No. 1866
Notice of Application for Permission
to Appropriate the Public Waters
of the State of Nevada

Notice is hereby given that on the
Goth day of April, 1915, in accordance
Section 50, Chapter 140, Of the
Statutes of 1913, one Donald G. Wheel
er, of Gerlach, County of Washoe, and
State of Nevada, made application to
the State Engineer of Nevada for per
mission to appropriate the public wa
tiers of the State of Nevada. Such APP
preparation is to be made from Schultz
Spring, at a point on unsurveyed land,
approximately in the SWA of NEA
Of Sec. 4, t. 81 n, R. 25 E., M. d. B.
& NJ, by means of a pipe line, and
1--10th of one cubic foot per second is
to be conveyed to the NEA of SEA
of Sec. 10, T. 81 N, R. 25 f., M. d. p.
& NJ, by means of a pipe line, and
there used for irrigation, stock and do
nestle purposes. Water not to be re
turned to stream.
w. M. KEARNEY,
State Engineer.
First publication May 20, 1915.
Last publication June IL, 1915.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-05-27
SUMMONS

In the Sixth Judicial District Court Of
the State of Nevada, in and for the
County of Humboldt.
c. f. Haviland, Plaintiff,
VS..
Guy Pierson, Defendant.
The State of Nevada Sends Greet
ings to said Defendant:
You are hereby summoned to appear
within ten days after the service upon
you of this summons if served in sand
County, or within twenty days if
served out of said County but within
said Judicial District, and in all other
cases within forty days Exclusive Of
the day of service), and defend the
above entitled action.
This action is brought to recover a
judgment against you, the said defend
ant, for the sum Of $400.87, as follows,
to-wit: The sum of $34S.37 on account
fol automobile hire and for material
furnished for repair of and for WORK,
labor and services performed by the
plaintiff for the defendant in repair
ing the automobile of defendant and
the sun of $3.50 for storage and care
By the plaintiff at his garage at Win
nemueca, Humboldt County, Nevada,
of one Peerless automobile belonging
to the said defendant; and all at the
special instance and request Of defend.
ant
Dated April l, A. D. 1915.
J. w. DAVEY,
(SeaD Clerk of said Court.
First publication May 1s, 1915.
Last publication, June 90. 1918.