davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

| OF uSury shall be deemed forfeiture
| of the entire interest which the note,
| bill or other evidence OF debt carries
with it or which has been agreed to
be paid thereon mandatorily re-
Quires the penalizing OF usury and the
forfeiture of all the interest agreed
TO be paid" on these two notes.
Ga A court of equity should not
relieve the usurer from the results OF
his contract for usury but should en-
force the statutory penalty for eX-
acting usury.
ca With usury proven in a ncte
sued upon. court cannot and should
not separate the non-usurious from
the usuriouS transactions incorporat-
ed by renewal into an usurious note
so as 10 allow interest on the non
usurious portion.
t5l The parties to an .usurious
contract themselves by agreement
may purge it of usury but court of
law or equity cannot do so after suit
brought and after defense of usury
is in1erposed.
90 Our usury statute was adopted
from the National Banking act gov
erning taking of interest and discount
by National Banks, exempt in such
respect from state laws: and was
adopted TO secure uniformity as TO all
banks, state and national, as to uSury
and penalty therefor. Federal decis
ions on uSury are followed.
% All usurious interest stipulat-
ed for should be forfeited. The usur-
ious contract rate cannot be treated
interest rate and interest at the non
contract rate Of six per cent. be al
lowed. To do so would be to ignore
and override the statutory penalty re-
quiring forfeiture of all interest
agreed TO be paid on the notes.
Appeal from the Judgment of the
District Court of Divide County;
Leighton. j.
Modified. with costs on appeal 10
appellant
Opinion OF the Court by Goss. ].
Fisk, c. j.. dissenting.
F. A Leonard of Crosby and D. c.
Grenleaf OF Minot. attorneys for plain
tiff and respondent.
c. E. Bruce. of Crosby and E. r.
Sinkler OF Minot. attorneys for de-
PENDANT and appellant. 80 '
FROM Pc MsINA COUNTY.
William E. Barley, Plaintiff and Re-
spondent.
Maurice Quick and Arthur Quick, De-
PENDANTS and Appellants. o
Syllabus: Suit for supervising and
aiding in the sale of building and
for premiums advanced by plaintiff
upon insurance policies.
IL Evidence examined and held
sufficient 10 require the submission
TO the jury OF the first cause of ac-
ton, to-wit: The $500 services claim
ed by plaintiff 10 have been perform
ed in looking after the building and
aiding in effecting a sale.
t2p Evidence examined and held
sufficient 10 require the submission to
the jury OF the second cause of ac-
ton, to-wit: The premiums advanc-
ed upon the insurance policies.
t3) There was no error in exclud-
ing conversation between defendant
and one F.. al which plaintiff was not
present
t4l Certain instructions of the
court set out in the opinion are with
out error.
Appeal from the District Court of
PemDina County. Kneeshaw, J.
Affirmed. Opinion of the Court by
Burke, j.
". j. Mayer Of Grand Forks, y. D.
IF. H. Stubs. Kansas City, Mo-, of
counseD, Attorney for Defendants and
Appellants.
Gray, Myers & Spiller of Cavalier.
\. d. tEerge & McCarty of Lincoln,
Neb.. OF counsell. Attorneys for Plain.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11
BiSMARck's POSITION.

Without revealing its position on
capital removal, the Grand Forks
Herald in a recent editorial explains
its silence on the ground that there
is a reluctance to enter controversy
(which will not be closed until next
November
l, also laments that the Washburn
Leader has seen fit TO arouse feel
ing of sectionalism in discussing the
situation.
There is no reason why the contro-
versy cannot be ended by May I, the
last day for filing petitions The Her
aid may haze information denied the
Tribune upon which to base its pre-
diction~ that-the controversy will not
he closed until next November.
In order to correct an impression
that this question cannot be settled
until next November. the Tribune
merely desires to inform the voters
OF the state that if the New Rock
ford petitions are not signed by sutfi-
Gent numbers, the proposition can
not be placed upon the ballot. The
contention of New Rockford is with.
out merit. Why let it go to a vote
at all?
That is why Bismarck is conduct
ing vigorous fight now and that is
why every paper in the state which
believes in fair play should take
stand against establishing danger
GUS precedent.
No town that has a state insti,u-
ton can afford to be passive in this
fight. Because Grand Forks has the
University and because Fargo has
the Agricultural college, these cities
have as much at stake in this fight
AS Bismarck
The Tribune regrets as sincerely
as the Herald that the sectional issue
has been raised. but it is New Rock
ford that forced it. not Bismarck.
All the literature circulated by the
Eddy county town aligns one section
of the state against the other.
One might as we'll try to play Ham,
let without the melancholy Dane as
to conduct capital removal fight
without sectionalism. Suppose Wash
burn were the contender for the Uni
versity, would the Herald maintain
its present equanimity?
Grand Forks has as much to lose
as Bismarck. 1t should Join forces
in the movement to keep the question
off the ballot. This applies also to
the other institutional towns. Ellen
dale and Valley City have already |
stated their position.
Bismarck entertains the kindliest
feelings toward Grand Forks. but it
fails TO grasp the contention of the |
Herald that this fight cannot be
squelched before November. If the
Herald desires to prevent the spirit
Of sectionalism from intensifying. it
can do yeoman service in suggesting
that voters in the Red River valley
refuse to sign petitions and thus be-
come parties to aiding the fractional
strife.
Now is the time to nip New Roct,
'ord's venture in the bud.
Just don't sign petitions. 4
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11
INJURED IN SLIDE.

Seattle. Wash. Feb. tO.--Mud and
rocks slid from the bluffs in West
Seattle today and struck the house OF
lhomSs IL, Stewart. Mrs Stewart
suffered fracture Of two ribs: Olive
Stewart, l1-year-o!d daughter Mr..
Stewart and Harry Stewart. a;lyear.
old son We're bruised. The honse and
furniture We're ruined
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11
BRITISH STEAMER WRECKED.

A dispatch to Lloyds saws the Brit
ish steamer. Bedford. of 1916 tons.
which sailed January q from Barry.
for New York in ballast is ashore off
the North coast of Islaya. Scotland,
and all on board are supposed to have
been lost
The Belford has been drifting since
January 80.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11
FRIDAY, FEBRUARY II, 1916.

q q q . = 4 = = = 4 = q . e
= WHERE THE TRIBUNE CAN e
. Be BOUGHT. .
Q . . Q . = !: : : : = = . 80
Fargo n. o.
Gardner Hotel.
Grand Forka N. q.
Hotel Frederick.
Devils Lake, N. o.
II. B. Rosenberg, News agent
G. J. B. Turner. News agent.
Minot, N. D.
hansen Bros.
Dickinson, N. q.
et. Charles Hotel.
Minneapolis, Mlnn.
Kemp & Cohen, News agents.
Hotel Dyckman.
Hotel Radisson.
St. Paul, Man.
Merchants Hotel.
ct. Marie, Fifth St., News AGENT
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11
WANT WORST.

I'VE will endeavor to induce John
Fl. Worst to resign the presidency OF
the Agricultural college and become
leader of the non-partisan movement
recently.
That Worst would make Tote-get'
ting candidate, backed as he is by
farmers of the state. is admitted by
political leaders. Friends of Burdick.
Frame and Smith. the candidates now
seeking the republican nomination,
concede that Worst will be a hard
man TO beat if he decides TO enter
the race.
''Non-partisan leaders" said the
member, ARE rot fully satisfied with
either of the three candidates. We
do not feel that they are thoroughly
in sympathy with the objeus of our
organization. In looking over the
field, Worst appeals to us as the ideal
candidate and he will no doubt re-
ceive the endorsement of our organ
iZation if he will accept
PRAISES GUNDER OLSON.
The announcement of the candi-
dacy Of Hon. Gunder Olson for the
Office of national committeeman OF
the republican party appears in this
issue
We may be out of place in butting
into affairs of party with which we
have not been affiliated. nevertheless.
we are not so blinded with party
that we cannot recognize
the ability of worthy citizen. 1t is
needless for us to say that Mr.. Olson
will make formidable candidate. He
is staunch republican and a popular
vote etter. He has served as state
treasurer for four years and during
he pioneer days of Walsh county he
vas its efficient sheriff for couple
If teIms. He is successful bust
less man and large property holder
n Grafton. where he has always re,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11
FOUR WoRkMEN killEn

Salisbury. Md. Feb. ia.-Fonr men
We're Killed and three injured by The
explosion of boiler al John Hurlev's
sawmill near here today. All were
employees.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

A Great Northern snowplow plowed
thru team and load OF coal near
Minol.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

Train service on the Drake-Sansh
line has been annulled until further
notice.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

Two hun ired thousand guests reg
istered at Minot's hotels during the
year 1915.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

The country club at Leith is doing
some excellent work showing wha1
real community spirit is.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

Two rotary and one wedge snow
plows are stalled on the 500 line be-
tween Ambrose and Whitehall.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11
LOCAL WEATHER BULLETIN.

For the "a hours ending at p. M,
February 10, 1916:
Temperature at a. m. ..... S
Temperature at p. m ...... 0
Highest temperature ....... 2
Lowest temperature ....... s
Precipitation ............ .07
Highest wind velocity 20-E
Forecast
For North Dakota: Snow tonight
and Friday: not so cold.
ORRIS w. ROBERTS,
Section Director
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

The Promoter at Stanley has been
sold 70 John Patterson OF Ross.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

Shields will have its first fraternal
organization. An Odd Fellows lodge
will start with membership of 40.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

A plant for the manufacture of lig-
mite briquetts. will be launched at
kenmare by Minneapolis capitalists.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

Cllica;l
klerica !
endinil
Is win
+ leag
h and
S spr
} wint
fhood
It is 1
|re tn
der it
! poss
this
more
In un(.
the p
hit fol
Il hav,
ned t,
|sOn.
" goo
this (.
will r
k q X
IN the
The 81
were
the b I.
EinnerI
hour IL
Yank
5 of I
ner, 9.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

Minot is considering the ADVISABLE
ty OF opening night school for the
benefit of the foreign born people of
that city.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

The inhabitants of Linton will vote
on a new bond issue which if carried
will give that town electric light serv-
ice.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

Over 400 sacks of mail are laying in
the depot at Ambrose awaiting dis
tribution to the various postoffices in
that section of the state.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

New
layin
.lllpt
layer
be pl
lport
] the
' ageu
App
. to.
arne.
| r, Sc
som
The
| ri p
larry
Fly J
h;gue \
carr J
EriOds
enips
| her
is no
din
aging
Presi
J did
' allge,
Two
Tend
eeghl
ought
e bOs
o'clt /
. ~
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11

Passenger service on the Wheat
Line in the northern part of the state
has been tied up for the past two
weeks on account of the heavy fall of
snow in that locality.
The central record. (Lancaster, Ky.) 18??-current, 1916-04-27
c. Morgan 1865
Al $500 to Insure a Living Horse Coli
and $500 for Mare Colt.

c. Morgan is black Jack. with
white points. l5I hands high. coming
seven years old and has proven himself
good breeder.
&. Morgan by John Morgan. Jr.. 37O5.
was sired by John Morgan. he by Mar
maduke and Is out OF an imported Jen-
The central record. (Lancaster, Ky.) 18??-current, 1916-04-27

John Morgan Joe Blackburn he by Sd Prince
bv End Prince he by Imp PRINCE Daisy by Dixie she by Irwin Dixie
by Kickapo 2d dam MIe Wellington, Bird dam by Importer
Dam Beecher Jenuet.
lien retained colts for service Care taken accidents
but responsible should
j. F. Foley. Ha0kley. KY
The central record. (Lancaster, Ky.) 18??-current, 1916-04-27

2l6i. Of t3i 2O
Sbawba zarrnc 2O Betty 2i Brook Lady
Brook 20 Butter Brook Brigade 2IOl Margaret Bahgate
ca 2lll. Sired dam Of 2O7t His dam.
Gay. also produced Reiie Clay 25i and Prue 22b
Moko 2iij7 Of Freno 205i Kentucky FuturyJ Brenda
iorke OBJ 2osl Futlrity 90 2Oi Native Belle ca g Fuuty
CD 2'i champion Manuco 2O7i tFutuuy
Silver n.
Nobel 2l0l Mhester 2og Mma 2l Sko 2ll (Fuuu
Sired dams f The Harvester stonD (i)
2o9i Martha Upton o'Ncl 2l3i Brother
Baron d. etc.
Brucher
~ seconds handsome seal will weigh hoo pounds lie
resembles his good Silent Cayo. by the
81 rc
Foreign demand has exhausted the supply and better
breed
type produce
head and plenty of bone and
This Stallion will make 1916 stable in
kentucky
The central record. (Lancaster, Ky.) 18??-current, 1916-04-27
BLEUCHER 46l58.

Record 2:29l. Trial 2:lii
Half Brother to Lula Watts (2l 2:27i.
Trotter Brown Stallion. about l57 hands. foaed 1906
Standard Registered Vol. IL.
The central record. (Lancaster, Ky.) 18??-current, 1916-04-27
$500 To Insure a Living Foal.
For The Season Of 1915

offer public service. the splendid individual and
bncd Saddle and Harness Stallion
The central record. (Lancaster, Ky.) 18??-current, 1916-04-27
HIGH PRESTON 6846
Stallion l6 hands, left hind ankle
l make the Of 1916 my barn lscer Kentucky,
$40. TO INSURE A LIVING COLT.

HIGH PRESTON by Preston by Preston 922
by Washington 81 by by shCtou Denmark Preston
st dam Baby Pence 0;9 by Enoch Arden 2rd
Forrest Bird dam Daughter Of Garsrl Chief
PRESTON Queen she Eagle
b. 25j 7
by he King
Eagle $50 2nd dam Red Lion Bird dam Harris Denmark 49, h dam Bell
HIGH PRESTON End dam Lady Bird
by Copper
to old Dayy Crockett Thoroughbred
Evening star., 1916-10-03

selves and to the senator chosen. They
may even bestow it as a consolation
prize upon some senator who has failed
Of reelection. For him the tenure would
be for only three months.
II the republicans sweep the deck in
November, winning the presidency and
Congress in both branches, there may
be exercised in the organization Of both
branches due regard for former condi-
tions, when the legislative department Of
the government stood upon its constitu-
tional rights, and received only recon-
mendations from the executive about
legislation and appointments. In that
event the House will choose its Speaker
and the Senate its president pro tenn
pore with regard solely to the accepta-
bleness Of aspirants in their respective
bodies. For the one office Mr.. Mann
stands clearly indicated; for the other
the republicans will have a wealth of
good material to choose from.
A return to former conditions might
help all around. And if the republicans
restore the speakership to its proper
place in the congressional equation, max
ing the occupant more than a presiding
officer, they will consult both their own
and the country's interests.
Evening star., 1916-10-03
Washington's Public Schools.

The public school enrolment yester-
day was close upon the $4,000 mark,
showing a large increase over that of
year ago, when it was 47,361. This in
crease is due in part to the natural in
crease of the population, and in some
degree to the comparative 1ateness of
the opening, enabling larger number
of children to be brought. back from va
cations than heretofore, and again to
the increased facilities provided for
school purposes. Even so, the public
school equipment of the District is not
adequate. Indeed, it may be said never
to have been fully up to requirements.
New buildings are added from year to
year, but they usually serve to catch
up on old arrears without making pro-
vision for the populations increase. At
no time in its history has the District
been actually ahead Of its immediate
necessities in this respect.
In two items the Districts public
school equipment receives notable addi-
ton, in the central high schools Of both
the white and colored divisions. The
new white Central High School is one
Of the largest and best designed school
buildings in the country, and it will
prove to be q notable attraction to Wis
Evening star., 1916-10-03

itors to this city. As it stands today,
it fully justifies the wisdom Of Congress
in making a large appropriation and
keeping it at the original figure despite
efforts to shave it as possible means
of promoting high school construction
in another quarter This institution, Of
fering full range of instruction in all
branches, is great educational labora-
tory, where excellent work will doubt
less be done.
The school administration is progress
sive and harmonious, disturbing pro-
posals made to Congress some months
ago have been negatived, and the schools
are in better shape than for many years
for tranquil performance Of duty. If
during the coming session Congress will
make additional provision for more
room and more teachers it will advance
toward the ideal point the capitals edu-
cational system.
Evening star., 1916-10-03
The Street Car Service Standard.

Two requirements are imposed upon
street railway companies in their ac-
ceptance of franchises by virtue of
which they occupy the streets with their
tracks. The first is that they carry the
people as rapidly as possible and as is
consistent with safety, the second that
they carry them comfortably. The
newly adopted service standard of the
public utilities commission aims at both
of these requirements. Whether it will
work out practically in actual service
remains to be seen.
During the greater part of the day
it is fairly easy to meet both needs of
speed and comfort. The traffic is rela-
lively light and can be moved without
congesting the tracks. At other times,
however, during the rush hours of morn
ing and evening, the traffic is so heavily
congested that it is most difficult to
move it. The addition of more ears on
the trunk lines crowds the crossings and
junction points and slows the tide of
travel. 1t is imperatively necessary that
at times each car carry more passengers
than during the other times of relatively
light traffic.
The new service standard requires an
average Of 100 seats for every 80 pas
sengers carried during a period of one
hour in the non-rush hours and an aver
age Of seven square feet of available
standing floor area per passenger carried
above the number for which seats are
furnished during the period Of one-half
hour. The rush hours and non rush
hours are specifically defined with refer
ence to Washington's daily business
movements.
1t is believed by the commission, after
long investigation, that these require
ments conform generally to the existing
conditions save in respect to unusual
cases Of overcrowding during the rush
hours. On the other hand, already one
Of the traction companies contends that
the new standard is theoretical and i'm
practical, while the other company urges
that 1t be tried out as an experiment
before being finally adopted. It cannot
be regarded as an irrevecable standard
in any case as, if experience proves it
to be impracticable, it must stand sub
ject to revision The public cannot ex-
pect and will not demand impossible re-
quirements, especially if insistence upon
them has the effect of materially slow
ing up the traffic.
In one respect the new standard makes
no provision for a condition that occurs
twice daily, particularly in the late and
early months of the year, when the
places of public entertainment are
open. The theater crowd moving down
town just before 8 o'clock and back at
about IL demands special consideration.
The cars are densely packed at these
times, making a supplementary rush
period that rarely exceeds in each case
half an hour. The commission should
take this condition into account in order
to insure a standard Of service that will
fully meet the public needs.
Evening star., 1916-10-03
Joyous Reminders,

The butterflies have vanished and the
katydids relate
s. That the climate will inevitably
change
The mocking bird no longer tells story
to his mate
OF affection set to music sweet and
strange.
The autumn leaves are turning and the
trees that once were gay
Soon will shiver in the blast, with
branches bare
But we still find song and beauty that
will cheer us on the way
As the promises are floating through
the air.
As bright as any butterfly with rain
bows on its wing,
As glittering as the sunbeam where it
dwells,
Melodious as the mocking bird that ten.
denly will sing,
While stories Of devotion true he
tells
All the charms that were expanded
through the gentle summer scene
Are with us still to cheer us every
where;
So wen welcome old October with a
sentiment serene,
While the promises are floating
tAroaGA the air.
Evening star., 1916-10-03
The Bremen Mystery.

The German merchantmen submarine
between Germany and this country, as
many enthusiasts hoped as a result Of
the successful voyage of the Deutsch-
land. Thus far that performance stands
alone, and the record of one round trip
in more than three months can hardly
be rated as a notable advance in war
time blockade running. The Deutseh-
land sailed from Germany about the
23d Of June last, and reached Balti-
more on the 9th Of July, sailing from
that point August 2 and reaching Ger
many August "a. Thus it required just
two months for the round trip. Mean
while her sister ship, the Bremen, was
supposed to have been in transit. Prepa-
rations for her reception have been
made at New London for some weeks
past, and her arrival has been daily e1-
pected. That she has actually sailed
from her home port is plainly indicated
by the dispatch that came from Berlin
the other day that there was great re-
joicing there over a report-which it
was afterward stated had been sent pur-
posely from London for deception-that
the Bremen had safely reached New
London. Since then reports have come
of the Bremen's capture, and the latest
contribution to the Bremen literature
is statement to the effect that two
merchant submarines named Bremen
have been caught, one by the British and
one by the French. In any case, even
if the Bremen should later arrive, it is
obvious that the German submarine
trade will not be Of sufficient volume to
affect the economic situation. If, on the
other hand, the Bremen has been caught,
a serious blow will have been given to
the project of undersea navigation.