davidaulloa/AmericanStories huggingface dataset:
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1915-12-28

The patrons of the Lomo will re-
ceiye treat today as most excel
lent program is to be presented.
Grace Valentine, the beautiful artists
model will be seen in "The Modern
Adam and Eve;;" Victor Potel in safe
ty First and Last" UNIVERSAL City
made comedy; Adele Lane in "The
a Pathe comedy and an exceptional
educational one reel picture entitled:
Animal Movements Analysed" The
last named picture is beautifully col.
ored Tomorrow: Miss Pauline Fred
erick will be seen in the Paramount
masterpiece entitled, "Zaza," also a
number of comedies will be shown.
The attraction at the Gem tonight
is Theda Bara in 1.-THE Two Orphans"
The cast includes:
Henriette -. Theda Bara
Louise -. -. ..... Jean Southern
Pierre -. ......... Herbert BrenOn
The Chevalier de Vaudrey
William E. Shay
The Marquis de Presles
Frank Goldsmith
Mother Frochard. Gertrude Berkeley
Jacques -. -. -. E. l.. Fernandez
Picard -. . John Daily Murphy
Count De Liniere. -. Sheridan Block
Countess De Liniere :.
Mrs. Cecil Raleigh
Massive and elaborate sets are used
in the William Fox production of
D'Ennery's "The Two Orphans" The
scene in the streets of Paris, showing
the arrival Of the Normandy coach
with the two orphans Henriette
(Theda Bara) and Louise tJean Soth-
ern) alone cost $4,000 to build and
took two weeks in its construction, be-
ing built us as solidly on the big Will
liam Fox open air stage in Jersey City
as if it was destined to be a perma-
nent structure. In erecting this scene
the technical director used the serv-
ices of hundred carpenters, fifty
masons, twenty electricians and doz.
ems of painters. Almost three miles
of canvas, forty carloads of brick and
mortar, twenty-five barrels of nails
and $500 worth of lumber entered into
its construction and the entire set
when completed is estimated to have
upwards of three hundred
tons.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1915-12-28

TOO LATE TO CLASSIFY

FOR SALE One Overland roadster.
model sixty.nine. in excellent condi-
tion. fo 1ele cheap. See w. ..
tiarr(cI fos Ross Bldg. Phone
Cun1 2S-l0t-p
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1915-12-28
STORY IS DENOUNCED

Continued from Page One.)
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03
LAW STILL EFFECTIVE.

Many of the press comments on the
decision Of the United States district
court, rendered March 20, at Topeka,
Kan, holding that the federal migra-
tory bird law is unconstitutional, ac-
cording to the United States Depart
ment Of Agriculture, are erroneus and
are apt to mislead the public concern
ing the real situation in this matter.
The Kansas decision, like a former
decision to the same effect in the
Eastern District of Arkansas, is limit
ed in it's operation solely to the dis
trict in which it was rendered. Meth
err decision settles or nullifies the law,
and the exact contrary has been held
by the United. States distriGtcourt for
South Dakota. +, The Arkansas case
has been appealed to, and is now
pending in, the United States supreme
court. The act of Congress protect
ing migratory birds stands effective
until the supreme court finally decides
the question of it's constitutionality.
In the meantime, it is incumbent on
every law-abiding citizen to observe
its provisions and the regulations.
1t is the duty of the Department of
Agriculture to enforce this law and
the officials in charge will endeavor
to do so as long as it is in force. Re-
ports of violations will be carefully
investigated and when sufficient evil
dence is secured they will be reported
for prosecution. In this connection
it should not be forgotten that an
offender against this, as in the case Of
other United States laws, is subject
to prosecution any time within three
years from the date the offense is
committed. A.. sre ,.. agr.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03
OUR NATIONAL ANTHEM.

Plans to set apart the national an
them have been %inaugurated tby the
North Dakota National Guard associ-
alton. The idea is a good one and
should have the cooperation of the
musicians, throughout the state.
The adjutant general is to institute
a campaign of education which, it is
hoped, will cause greater recognition
to be shown when the air is played.
Audiences as a rule rise. to their feet
when the air Is played. 1t is hoped
to have bands and %orchestras@ cease
playing the national anthem in med.
ley with other popular and patriotic
airs. ~, ~ ~ l9s NEt ri "@i'
Our federal government recognizes
THE Star Spangled Banner as the
national anthem. 1t is to be hoped
that the campaign initiated by the
National Guard officials will be sue.
cessful. The idea is in harmony with
true patriotism. Military bands
should set the example first.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03

held until full compliance has been
had with the escrow agreement. AS
a deed delivered without consent OF
the grantOr passes no title, consent
being essential to its validity, a deed
delivered by the depositary in viola
tiOn of the escrow agreement is 4no
delivery and passes no title.
a. The depositary is the agent of
both parties, but neither for one
more than the other, and is empower
ed to aid neither; and is merely a
conduit used in passing title for con-
venience and safety. A delivery by
the depositary in excess of it's powers
Is a nullity. +
5) The reception by the bank of
the check in lieu of money did not
amount to a loan of money by the
bank to the plaintiffs, and will not be
treated as such.
CO. The act Of the ~depositary in &C
cepting the check as cash was not
the act of the grantors, but was void
as in excess of authority conferred by
them upon the bank.
ca The question involved is one
Of performance of the escrow agree
ment-not of the ability Of the plain
tiffs to perform that agreements
such ability, without full performance,
cannot amount to compliance.
81 1t is assumed, without decid-
ing, that the deposit of papers with
the bank amounted to a deposit in es-
crow. Plaintiffs can have no stand
ing on their claim of title, unless the
same constituted an agre ement in eS-
crow.
(9) The case is treated on this ap-
peal as it was tried below, and treat
ed by the parties on the appeal, viz:
A review of errors at law in a law
action, and not a trial de novo. I
(1O 1t appears from the theory
had of the case on trial and on ap.
peal that no title can ever be shown
to have been in plaintiffs, and that
they can never recover on the basis
oftitle having passed to them, and are
therefore without possibility of relief
in this action; and the same is ac-
cordingly ordered dismissed. 4
From the judgment of the District
Court of Ward County; Leighton, J.,
and an order refusing a new trial,
defendant appeals. =
Ordered reversed and dismissed.
Opinion of the Court by Goss, J.,
Christianson and Burke, j., dissent.
ing. !
PaNa, Aaker & Greene, Of Minot,
Attorneys for Defendant and Appel.
liant. s.,s@ 49,
G~recnleaf, Bradford & Nash, of Mi,
not, Attorneys for Plaintiffs and Re.
spondents.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03

crow mdtCeI. lu0yIUlO%nOL appear
On April 1o ThornhM served olson
with a written notice Of the escrow
arrangement, stating that Fall inter
est, right or title you acquire in said
premises you take subject to the equi'
ties of the undersigned under and by
virtue Of said contract for deed On
May II plaintiffs, acting By their
agent, the Brush-McWilliams Co., de-
posted with said bank a check drawn
by plaintiffs n an Illinois bank and
endorsed by the Observation-Disclosures
Co., which check was payable to said
bank, as payee, for the sum of $4,000.
The bank %thereupon treated the check
as cash, but retained it, and it never
has been cashed. On deposit with
it CT said check the bank delivered on
May II the deed of II. and wife, held
by it in escrow, TO plaintiffs. Neither
H. and wife nor Olson have ever par
ticipated in the scr0W proceedings
after April 10 nor done any act to
recognize the same or toward per-
Torrance of the original contract of
sale after the deposit in escrow made
April Is, but on the contrary have dis
regarded the same, Olson having
claimed at all times to have been a
good faith purchaser without notice
of the escrow proceedings. He has
paid H.. and wife part, If not all, of
the consideration for his deed. The
action, though in equity to quiet title
is based upon title arising under a
valid delivery by the bank to plain
tiffs Of the deed in escrow. 1t was
tried as a law action to a jury, which
found for plaintiffs for possession and
$3.50. damages for detention thereof.
Findings and conclusions were also
| made in accordancew it'll and supple
mental to the verdict. Defendant ap-
peals as in an action at law on speci-
ications Of error, and not as on a
trial de nOvo, and the case is sub
mitted on appeal as a law case on
an appeal from both an order deny
ing a new trial and from the judg-
ment. Held:
Cd That the delivery of the deed
by the bank to plaintiffs was unau-
thorize6 and was in disregard of the
escrow agreementsin that it was deliv.
cred without a cash payment made by
plaintiffs Of $4,000 to said depositary,
as was stipulated for by the escrow
agreement before a valid second de-
livery of the deed could be made.
(2) Under the escrow agreement
said depository was without author
ity to accept a check as and in lieu
of a cash payment and that the doc
trine of substantial performance does
not apply to a second delievry OF
deeds under a written r agree
ment.
(3) Tie conditions stipulated for
in an escrow agreement in writing.
upon which the second delivery OF
the deed shall be made, are conditions
precedent to its valid second delivery,
and the consent Of tn grantor to its
second delivery is deemed to'be with
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03
HEALTH SUPERVISION.

That special medical attention
should be given to children in the
four or five early years before school
begins is asserted by DR.. David For.
syth, an English physician, whose
views are published in a bulletin just
issued by the United States Bureau
of Education. DR.. Forsyth declares
that medical inspection Of elementary
school children points to a widespread
physical deterioration during the first
four or five years of life, which leaves
the majority of children with serious
but preventable defects.
Little or nothing has been done As
yet by way Of solution, says DR.. For.
syth. preventive measures limited
to the first years are unlikely to have
much influence in warding off later
troubles. A gap, at present unabridg'
ed, stretches from the first year to
the fifth, when the school medical in
spection begins" %
AS a suggested remedy, DR.. For.
syth describes a plan adopted in the
city of Westminster, England. In Jan
uary, 1912, a medical inspection cen.
ter was opened for children of schoo.
age in the north half Of the city.
Here a staff of health visitors is main
tanned, to get into touch at once with
every family where a child is newly
born. Through this staff every child
in the district is kept undeE medical
supervision from the time otaits birth
until the end Of its effth YEAR, the
purpose being to hand the child over
sound and healthy, to the school au'
thorities.
OF 374 children examined during
the first year of the center, 13l were
under 1 year of age, n under 2 years,
SO, SO, and 80 under 8, 4 and 3 years,
respectively. The medical record
cards showed a rapid rise in the tide
of disease with each year of life. 1t
was found that while most children
in the first period are healthy, only
a small minority come through to
the fifth year without at least one
physical defect of some kind.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03

NATIONAL

Travellers from all points Of the
compass tell the same story upon
their return, of national discomfort
with the Wilson administration.
Our Mexican policy has arrived no.
where. 1t has been vacillating to a
degree of evaporation.
AS for our policy toward the Euro.
pean conflict, all are unanimous that
neutrality OF the strictest type is nee
essary. That, however, can be brand.
ed neither as Republican or Demo.
cratic; it is merely common sense Of
the most elementary type.
But it is not in the foreign policy
that criticism lies so much.
1t makes little difference whether
business conditions are observed on
Wall Street or in the Golden Gate
city, travellers all reach the same con.
clusion and that is that the Wilson
administration is not delivering the
goods.
On the Pacific coast the grumbling
is the loudest. Warnings are being
sent out by all the large commercial
centers for the unemployed to keep
away, as there is a dearth of jobs.
soup Kitchens, municipal work.
shops and other means to alleviate
conditions among the unemployed
are the rule everywhere.
The war cannot be blamed for this.
as there were soup kitchens and pub
lick workshops long before hostilities
broke out in Europe.
They r but the usual complement
of a Democratic administration. Thou
sands are pinched by hunger today
who, if conditions were right al
Washington, would have employment
The Underwood tariff has struck a
greater blow at American commerce
than the German blockade or the Eng
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03
NOTICE FOR BIDS.

The Board Of Directors Of the Re-
gan-Alta Telephone Company VIII re
ceive sealed bids up to 1900 O'Clock
p. m. Of Saturday, April 18th, 1915,
for the construction of forty miles OF
telephone line and installation of tele'
phones and all other necessary work
to be done to complete this work, as
shown in plans and specifications,
All poles will be delivered on the
ground by the company. All poles,
wire, telephones and accessories will
be purchased by the telephone com
pany. Plans and specifications will
be filed with the Regain Headlight. the
Bismarck Tribune, after Tuesday
April 9Th. Every bid must be accom-
panied by a certified check of $4,000
The board reserves the right to reject
any or all bids. Address, Pete Mickle'
son, Clerk, Regain, N. D. A. N. Blex'
rud, Pres.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03

Co-partnsrs as Willets & Thornhill,
Plaintiffs and Respondents,
liant. e.
Syllabus: One Havlicheck and
wife entered into a written contract
Of sale OF 400 acres of land, near Mi
not, to plaintiffs. Eighty acres OF ILL
nois land was to be accepted in part
payment. The contract provided for
inspection of the Illinois land. 1t was
reported to br satisfactory. H. and
wife then executed to Thornhill their
warranty deed to the 400 acres and
a bill of sale OF the personal property
thereon, pursuant to the contract.
Plaintiffs executed, their deed to the
Illinois land. All deeds, bill Of sale
and the preliminary contract of sale,
accompanied by a written escrow
agreement, were deposited in the Sec
ond National Bank of ,Minot. This
bank received as depositary in escrow
ali OF the deeds, to be delivered ac-
cording to the conditions OF the writ
ten escrow agreement, which provid-
ed that the deeds were ito be deliver
ed to the parties who are entitled to
some upon performance of the agree
ments set forth in the preliminary
agreement of purchase and sale of the
land. The original sale agreement
stipulated for an initial payment of
81, made and received; that certain
mortgages should be assumed by the
purchaser; and the further payment
of $4,000 in cash should be made by
Thornhill to H., but with no definite
time fixed for payment. Abstracts of
title to all lands here and in Illinois
were also to be furnished. No stipu-
lation was made for inspection of
them. These papers were so deposit
ed in escrow on April Is, 1912. Four
days later H. and wife executed and
delivered their warranty deeds, i'm
mediately placed of record, to the 400
acres to Defendant Olson, as grantee,
who, under the findings of the jury, it
must be assumed bought with notice
Of tie escrow arrangement and the
previous der3slt of the papers there.
under with the bank. On April %,
plaintiffs procured title to the Illinois
tract, which before that time they
did not own, although they had at.
tempted to deed same by the invalid
deed, in which the wife Of one Of said
grantors had not joined, and which
deed had been enc of the instruments
deposited in escrow. May II a sec
ond and valid deed to the Illinois
tract was deposited with the bank to
replace the invalid n or to cure any
defect of title Hereunder, and on that
day plaintiff served notice on II. and
wife to appear at the bank at a Ger.
! tain hour that day to close up the es.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03

The trustees Of Mimic school dis
trict have notices posted calling fol
the decision of the rate-payers upon
the matter OF the issue of debentures
for the 2%rectoion If a $500 school
building.
John Rich, federal reserve agent
of the Minneapolis district, will make
the tour of the NORTH Dakota grour
bank meetings which will be held al
jamestown, Fargo, Grand Forks and
Minot. May II to IA.
-
Several passengers on a %westbound
Great Northern train at Lakota, rid
ing in a coach with a suspected small
pox patient, subjected themselves to
vaccination at the hands of local ply.
sicians before continuing their west
ward journey.
Medina is going to have a good year
during 1915. This year will see ce.
ment sidewalks built on both sides OF
Main street. Water street and Eliza.
beth street. The new school building
will be erected at a cost of close ia
$25,O00 when complicated.
A rousing meeting of the new Fargo
Rifle club was held at the armory
Monday night. Thirty-five men sign.
ed the charter. The papers were sent
to Washington Tuesday morning for
the granting of the license, and upon
its return here another meeting will
be held for the purpose of perfecting
the organization.
TWenty-three coyotes were captur.
ed during the winter at Halliday, by
g. A. Alst-om. Lawrence Rowe got
nine and several others a smaller
number. In addition to the pelts, the
hunters receive state and county
bounties and also from the stockmen's
association. It Is probable that 100 of
the animals have been killed in this
county during the past winter, the to.
tai NAV even exceed those figures
when the bad land sections are heard
from.
The Minneapolis Journal contains
the following: "North Dakota shows
an increased demand for money dur.
ing the past 30 days, with a prospect
that within the next 80 days the de-
mand will become verv brisk and will
probably reflect itself in substantial
rediscounts at this hank. War condi.
tons will considerably increase the
croD acreage. while over the greater
part Of the state, good SHOWS promise
excellent spring moisture. conditions.
Farms are in good shane to put in a
large crop. having done a large
amount Of their blowing last year, and
being fairly we'll equipped at this time.
with seed and machinery. Governor
l.. B. Hanna reports that more land is
employed in North, Dakota at this time
than he has ever seen before in all
the years he has lived in the state.
Fargo reports that the new banking
law has not yet affected North Dakota
materially, because of the fact that
the federal banks opened after the
crop movement requirements had
been taken care Of. It Is predicted
that after seeding is completed the re.
serve bank Will called upon to
make heavy advances to North Dako-
ia members on account Of current ag-
ricultural operations. The western
half of North Dakota last year har-
vested a good crop, while the crop in
the eastern half was poor. Local
trade is good and collections are very
fair. .g#
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03

missions, ex.oficioy or by special and
direct appointment; such service has
never been sought, and sometimes 1t
has been accepted with reluctance.
! President Van Hise himself is on sew
eral State commissions, ex-officio and
otherwise, and has had to give the
State not a little of his time and en-.
ergy; but, again, the appointments
have not been sought by him.
Faculty Divided Politically.
AS for partisan politics, the profess
sors and instructors are as divided as
other people are, and very few know.
or inquire into; the politics and politi-l
cal opinions of their colleagues. If
the State Administrations, and Legisla.
lures had been conservative, or any.
thing else, the University would have
served them, "by request" in the
same way and to the same degree.
Again, a few individuals of advanced
social opinions may have become iden.
tilted in the public mind with, "the
Wisconsin idea," but the wisconsin
idea Of university activity is not at all
what enemies imagine it to be.
The Legislature itself has imposed
certain police duties-duties of in.
spection and registration-on the
University, and this against it's wish.
es. The University has done its best
conscientiously to discharge such du-
ties, but it would lie glad to be reliev.
ed of them. f.
The University has grown, Presi.
dent Van Hise says, but it is not over.
grown, and it has not been w~asteful
or ~extravagant. 1t has dealt frankly
with TIE Legis' ature, and if it has
been literally treated, that is due to
sympathy with it's aims and plans,
aims and plans that have always been
iully explained to the regents and the
legislators. The University is not ad.
verse to economy and to a "~pause":
II would have favored and suggested
postponement of certain construction
plans, even If the last election had not
resulted in a change Of State policy.
Inc University is ready to accent
us share OF practical and intelligent
economy; it is merely opposed to
blind slashing and cutting at the in.
stance OF It's enemies, who talk con
oIny and mean something else"-who
are actuated by dislike and distrust
o. the University, and who would pun.
ish It for imaginary crimes and mis-.
d%erneanors.
The University is not in favor of un.
que discrimination against non.resi.
dent students, this being illiberal and
ahort9lghted. It Is not in favor. eth
er' OF certain features of proposed ed
lcattonal unification and consolida.
ti'n bills, and is prepared to give
ohs for It's position. But It is entirely
"Iins 10 discuss changes and alterna.
yes TO the present mode of univer.
s1f9 government and TO- contribute to
we harnmering out Of a.AauSfactory
soiason. It asks nothing bu. invests
ration and fair play at thayhands Of
me Legislature and the State Admin
issfation, and has no reason to be.
heve it Is not going to get fair play.
Teactionary extremists and
special interests. who think the Uni.
VeFsity defeated some Of their
*cnemes and bills, do not mislead the
legislators and do not succeed in pre.
venting proper and thorough discns.
sion. ~
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03

lish order-in-council. Lethargy among
the big industries of the land Is due
to lack of confidence in the Wilson
administration to give business It's
proper governmental support. This,
combined with the tariff laws, has
broken down that optimism and con.
fidence necessary to keep the wheels
of industry moving.
1t is the general opinion of close
political observers that the Wilson adj
ministration will be r%epudiated most
emphatically in 1916.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-03
THAT TRIP.

George S. LOTUS says the Norwe,
gians voted for Hanna because he
made that memorable trip to their
country. 1t might be said, too, that
LOTUS trip to Bismarck did not get
his enterprise any votes. Lotus es.
innate of the N%orwegians' intelligence
is too low in the estimation of the
Tribune, but no doubt the Norwegians
have long since formed their opinion
Of Lotus and his band of political
cutthrOats.