davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
SUPREME COURT
FROM WARD COUNTY

r' fHOM WARD COUNT
Minnesota Mutual Life Insurance Co.,
foreign corporation, Plaintiff and
Respondent, VS..
Tagus State Bank, a corporation, De-
fendant and Appellant
Syllabus: Defendant bank collect
ed two notes for plaintiff and placed
the proceeds on deposit with itself,
issuing therefor its cashiers checks
for 81 10000 to plaintiff but held them
in it's bank undelivered. It's cashier,
John J. Brugman, appropriated to the
use of himself and the president of
the bank, like amount of money
from said bank. The president of
said bank, w. J. Brugman, knew all
these facts and participated in ap-
propriating part of the money, part of
1t going to take up his own overdraft
with his bank. It is stipulated that
previous to this transaction the stock.
holders and directors of defendant
bank believed the cashier Ito be an
honest and upright officer" The bank
refuses to pay plaintiff the money it
so appropriated and denies liability
under the claim that it received said
monies as special deposit and was
obliged to use only ordinary care in
the keeping and transmission thereof,
and that while so doing and without
its negligence, it's officers whom it be-
lieved to be honest, misapporpriated
the special deposit to their use and
for which it should not be held respon-
sible.
Held: The act Of these officials
was the act Of the bank.
ca The funds were not on special
deposit
(3) The funds were on general de.
post with it and 1t and therefrom
arose the relation of debtor and cred.
itor between plaintiff and defendant
(4) Though it be assumed that
this was a special deposit yet the
loss thereof presumes negligence by
defendant, and Places 1t under the
burden of affirmatively proving that
it was not negligent il it would escape
liability; and not making such proof
it must respond in Judgment.
From a judgment against defend.
ant in district court, Ward county
Leighton, Judge. Defendant appeals.
Affirmed with costs. Opinion of the
court by Goss, Judge.
Bradford & Nash and E. r. Sinkler
of Minot, N. D., and Butler & Mitchell
of st. Paul, MIMI, attorneys and coun.
sci for plaintiff and respondent.
Palda & Aaker, and 1. NJ. Oseth of
Minot, attorneys for defendant and ap.
pellant.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
each district. 1t has been proposed

each district. It has been proposed
that North and South Dakota, Mon
tana and Wyoming be one district
and there are several cities in each
of these states that are endeavoring
to secure the institution on the ground
that they are more accessible to the
whole district than those of the other
states. All cities desiring this bank
will have to submit briefs showing
reasons why the bank should be es.
tablished there and the board will
designate the one that can best serve
the whole district.
Under the apportionment of the
$5,O0O,O00 federal aid for good roads
for next year, North Dakota is to
get $4,000, providing, Of course, that
the state will appropriate an equal
amount Senator McCumber is inves-
tigating the question as to whether
any of this money can be used to
bull a bridge across the Missouri riv.
er at Bismarck. E Gs%%
The president has signed the law
changing the present schedule for
holding United States court in North
Dakota. The principal change is that
court will be held at Jamestown in
addition to the other places where
terms of court have been held in the
past. The new law provides that
terms of the district court for the
southwestern division shall be held at
Bismarck on the first Tuesday in
March; for the southeastern division,
at Fargo on the third Tuesday in
May; for the northeastern division at
Minot on the second Tuesday in o.
tober, and for the central division at
jamestown on the second Tuesday in
April.
In the rivers and harbors law sign
ed by the president July II, provision
is made for survey and investigation
of Red Lake and ReT Lake river and
Lake Traverse and the Bots de Sioux
river with view Of controlling the
waters of those lakes and rivers and
thereby avoiding the disastrous floods
that have devastated the Red River
valley for two years past. 1t will take
all Of the next year to make these
surveys and Investigations, but if the
report shows the feasibility of such
control the delegations from the three
states affected will undoubtedly be
able to secure legislation to that ef-
feet.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
NEWS NOTES FROM
NATIONAL CAPITAL

Washington, Aug. 5.-The senate
has passed the house bill providing
for 640-acre stock raising homestead
entries on the semi arid lands of the
Northwest and the bill now awaits
the concurrence of the house in the
senate amendments and the sigma.
ture of the president to become a
law. Both Senator McCumber and
Senator Gronna strongly advocate the
measure and it would have passed
several months ago hut for the oppo.
sition of one Of the Montana senators.
After the bill is signed 1t will take
several months to classify the lands
to permit entries to be made.
The North Dakota delegation is
receiving great many inquiries con.
corning farm loans under the rural
credits law, but until the board has
been appointed and organized no real
information other than taht contained
in the law can be given.
Bismarck, Fargo, Minot and Grand
Forks are aspirants for the Federal
Farm Loan bank, to be organized un
der the new rural credits law. There
are to be IL of these banks, one fol
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
PRELIMINARY R.R. SUR
VEYS WILL BE MADE

Dickinson, N. D., Aug. 1.-Two en-
thuslastic railroad meetings were held
the past week, several prominent
Dickinson business and professional
men participating in both. On Sat-
urday last mass meeting was held
at Amidon and on Tuesday at Cor
ham. The people of the Amidon W.
cinity are strongly in favor of a rail-
road to Dickinson, and are willing to
back the project with their money.
The same is true in the Gorham
neighbOrhood, to which place a north
west branch is being projected from
Dickinson
There are number of Slope coun-
ty residents, however, who are of the
opinion that the Dickinson-Amidon
railroad talk is simply a scheme
whereby Amidon expects to retain the
county seat. These people base their
opinion upon the fact that two years
ago, when the matter of locating the
county seat was before the governor,
there was considerable railroad talk
and every indication that the Milwau-
kee would be extended from New
England to Amidon-immediately.
This proved but an optimistic bubble.
It may be true that the Amidon rail-
road talk was originated to a large
extent by men interested in retaining
the county seat at that place, but the
people of Dickinson are entirely in
nocent in the matter. Dickinson
wants more railroads and the people
of the city are willing to put their
shoulders to the wheel and do what
they can. The Press would like to
see railroad built to Amidon and
then on to Marmarth and Elkalaka.
The Gorham people cannot be &C.
cused of fostering any county seat re-
tention or removal scheme. They just
want railroad-and they want it
badly. A large, representative crowd
was present at the meeting held in
Gorham Tuesday. Committees have
been appointed and a campaign will
be started Immediately for the raising
of funds to make preliminary sur
vey. IT,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
d
N
CORRESPONDENCE
Tim M.E.R

Last Sunday R. E. Potter, Fred
Fitz, Geo. Platz and Chas Cell went
fishing in the creek near Thinner and
were pretty lucky" They brought
back four dady carp weighing two
and a half, three and three and half
pounds.
The Bergenheimer Nero. Co. is
building an addition to their yards
this week, also building another shed
for lumber.
Miss Vera Finch is on the sick list
this week. She was thrown from a
horse while leading cow with a rope
tied to the saddle horn.
E. D. Hubbard shipped in a car OF
dairy cows and calves last week AID
sold them at the stockyards. They
sold good and all were sold in very
short time.
Potter's new hotel is now open for
business and is decided improve
ment to the town.
Thinner needs meat market.
There is an opening now for a good
meat market. With two hotels and the
residents and farmers patronizing
meat market, there is no reason why
it would not pay some one who un.
derstands the business. There viii be
an elevator erected in short time
by the Burgenheimer Nero. Co., and
other building now going on, which
means large number Of men to feed,
BALDWIN.
The dance at H. w. Titles last Fri
day night was interrupted by the
storm, but Herb says the young folks
can come again in the near future,
A few of the Baldwinites attended
the dance at M. G. Hagen's last Sat
urday night.
Haying is on in full force and it
looks like harvest will commence
soon. Some rye has been harvested.
Henry Mccullough hurt his hand
quite badly while berrying at the
river last week. He cut two arteries
in his hand and had to go to Wilton
for medical aid.
Lester Falkenstein received bad
hurt when his index finger was part.
ly cut off in lawn mower, he was
trying to adjust ..
Last Sunday Mr. and Mrs. Ed. Mount
and family autoed to Painted Woods
Lake to go fishing. We have not heard
how many big fish they caught.
Miss Neva Mount returned last Mon
day from a visit with friends west of
the river.
Mr.. H. Falkenstein of Still passed
through here Wednesday. He just pur.
chased new Ford touring car.
Martin Nelson's "Chrevolet" was
burned last week. 1t caught fire when
Martin was on his way home from
Baldwin. Luckily he was. alone, as
he did not even save his coat that
was in the seat. '.'. .@.1
Harry Roxton is helping Mounts
make hay.
Myrtle Little fell out of their car
while playing and hurt her arm, last
Friday. Herb took her to Bismarck
to see a doctor, but found it not very
serious.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

W You promised that you would give
me my answer this evening, he said.
"Are you ready to do 500"
eyes" she replied, "but want you
to- promise me something first"
"What is it,"
81 want you to promise me SOL
emily that you will not do anything
rash-that you will not, when l have
given you my answer, 60 and drown
yourself or take bichloride of mercu-
ry.",~ Z A.. 80,
ooh, then, you have decided to say
yes, have you?"
Talk less and think more. This is
good advice to give, but hard to take.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
"EAsEpv OUT ora JOB.

Bowman, N. d., Aug. 5.-Bowman
councilmen have way Of their own
when it comes to turning adrift off,
GERS whose services they no longer
require.
In dismissing Homer s. Ballard, po-
lice officer, the council placed his
salary at 81 a year, and directs that
"he refrain from all work on the vii.
lage streets and other work at the ex-
pense of the village, and that the
board is ready to receive and accept
his resignation. Indications are that
Ballard will quit.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
PREPAREDNESS

When J. P. Morgan died he had to
leave behind him $3.50 worth of ci.
gars, $44,743 worth of booze and STA.
$50 worth Of watches. These figures,
revealed by the appraisal of his
estate, will give the ordinary man a
better idea Of how rich Morgan was
than the statement that his total es.
tate was valued at s7S,149,O24.
II Morgan could have taken all his
cigars with him, and had smoked one
nice fat cigar every evening after
dinner with Noah or some other fel-
low, it would have taken him SO years
to finish up the lot.
Did ]. P. believe in preparedness?
He did.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

done in the past some good roaG
work. But for some unaccountasble
reason, work on the Red Trail has
not progressed as rapidly or as eff
GENTLY as it should.
Less expended upon unnecessary
bridges and little more efficiency on
the part of the road crews will bring
even better results.
Let us have one good road con.
Meeting with the Kidder county line
over the Red Trail Route.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

Compared with this thirty-four and
half billions of dollars as the total
expenses of belligerents from the
time of Napoleon until 1914, the ter.
rifle cost of the present titanic strug.
gle can be better comprehended. For
this world war, according to Jean Fl.
not, the famous French statistician,
has cost to date about eighty billions
of dollars, and should it be prolonged
another year, will cost the staggering
sum of one hundred billions of dol
lars, or practically three times the
amount used in the above noted wars.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
EAST AND WEST ROAD.

Burleigh county has been puttering
away for year or more in feeble
attempt to get passable road
through the county east and west
Probably the worst stretch of the Red
Trail lies in Burleigh county. Large
expenditures of money are being
made for roads and bridges, but the
tax payers are hardly getting results
commensurate with the monetary out
lay.
1t is high time that something was
done to build an arterial road east
and west so that farmers seeking a
market at Bismarck, as we'll as au-
tomobile tourists who use the Red
Trail as route to the Yellowstone
Park, can get into the Capital City
without having to be hauled out of the
mud or without being forced to turn
back in disgust.
Several tourists interviewed last
week declared that this was the last
time they would come over the Red
Trail until the road east and west
through Burleigh county was put in
shape. In Bismarck recently, a warn
Ing was sent east by a tourist who
was stalled in one of the low places
east of Bismarck advising those con-
templating trip to the National park
to take the Yellowstone trail
The county commissioners have
had the matter brought to their atten.
ton frequently. At least one county
commissioner fought to use some of
the money that is being spent on four
useless and expensive bridges over
Apple creek in developing a road east
and west.
There is no excuse why Burleigh
county should not have the finest
stretch Of road on the Red Trail. The
tax payers have been generous with
their funds. Five traction engines
for road work have been purchased,
not to mention other expensive equip.
ment. If the fault lies with the man
or men directing these road crews,
let US find it out and place the equip.
ment in competent hands.
1t would seem poor policy to mass
all the equipment in one district, as
is being done this year. Counties
which have adopted a progressive
road building policy create districts
and work. along some systematic line.
Too large percentage of the tax
payers funds have gone into expen-
sive and unnecessary bridges. It is
a subject Of comment that four mas.
sive bridges are being built over lit
tie creek where a good road could
have been built around the obstruc-
ton without the expenditure of pen.
ny for bridge work. The eatire quar-.
ter of land through which the road
around Apple creek could have been
built was offered at one time for
$1,000. OF course, road privileges
through this land could have been Sc
cured at much lower figure, but
even il not, wiser policy would have
been to buy the entire 160 acres than
to expend $4,000 or $4,000 on four
bridges where none was necessary.
But the county for years mas had a
thoroughfare through this land FOR
THE TAXES!
The Tribune appreciates what the
county board is doing now and has
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
COMMUNICATION CLAIMS
GAIN FOR THE BRITISH

London, Aug. 5.-The British off,
cial communication issued at 10
o'clock last night says:
Including the capture of the Ger
man trenches reported this morning,
we, during the last two days, put for.
ward our line north and west of Pc.
Zieres.
Troops from Australia, Kent, Sur:
rey and Sussex participated in the op.
Grafton and consolidated the position
won, despite the shell fire, which was
especially heavy near Pozieres, Ba-
paume road"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
Bu'NCOED.

"Then. she is disappointed in her
match?"
Eyes, that's what a girl gets for
marrying for, money" raa5
"In what is she disappointed?'
"Well, her husband isn't as old as
he claimed, by ten years, nor as veal
thy, by ten million" .5
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
SURPRISED HER.

II forgot myself and spoke angrily
to my wife," remarked Mr.. Meekton.
did she resent it,"
For moment. But Henrietta is
a fair-minded woman. After she
thought it over she shook hands with
me and congratulated me on my bray
cry"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
LIKE CANDY.

Mary Pickford stood watching pa
'rade in New York last Fourth Of July.
Beside her in the crowd stood a n.y.
phenated citizen, who snorted In dis
gust whenever the American flag pass
ed by. At last he said loudly:
"That American flag makes me sick
already! Just like a piece of striped
candy it looks !''G
Miss Pickford turned and answered
his remark. "Yes," she said, 1T does
look like candy, and it makes every
one sick who tries to lick it."-Ladies'
Home Journal.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
LONELINESS.

San instances came to our attention
recently that should appeal to the
sympathies of all tender1hearted peo-
pie, bachelor reports that few
nights ago, while in bed, he froze
both his feet-Blackfoot (Ida.) Idaho
Republican.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

Great Britain has refused $4,000
from Americans for Irish relief. Just
as a proud errand boy would refuse
2-cent tip.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
SAUSAGES OR WHAT?

Many people are stopping in front
of Kinde Bros. meat market this week
and taking a look at the relics Of
George Kerr, which are on exhibition.
The collection Is an extremely inter-
esting one.-The Lapeer (Mich.) Clar-
ion, 80
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
THE HELPMEE1.

Mrs. Won Speederly-Why, if I
didn't help Jack to save don't know
where We would land! The extrava-
CANT fellow would pay his. creditors
80 cents on dollar tomorrow if I
would let him!" 49,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
TAKING THINGS EASY.

"In the southern part of Arkansas =
says Senator Overman, where the
natives take things easy, a man and
his wife were sitting on their porch,
when funeral procession passed.
The man was comfortably seated in a
chair that, was tilted back against
the house, and was whiting piece
of wood As 1.-The procession passed,
he said:
"T reckon OF man Williams has got
about the biggest funeral that has
ever been held around hyer, Caroline.
"a purity good-sized one, is it Bud?'
.queried the wife, making no effort to
move. ..
=" Certainly isH@Bud answered.
"I surely would like to see it, said
the woman. What pity l amt fac
in that way!'"-Youth's Companion.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

Villa could make an honest living
showing the fishes how to slip
through nets.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

Indiana has one presidential candi.
date and two aspirants for the vice
presidency. The Hoosier state stands
to win in any event.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
JUST IN FUN
\ LEel1lMArE QUESTION.

Robbie. walking across the fields
with father, saw COW for the first
time.
"WIhat is that, father?' he asked.
"That is cow" was the response.
"And what are those things on her
head?"
Horns" replied his fathe.:.
The two walked on. Presently the
COW mooed. Robbie was surprised.
(Which horn did she blow, father?''
he asked
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
LOCAL WEATHER BULLETIN,
Forecast.

The Weather For North Dakota:
Fair and warmer Tuesday, followed
by showers Tuesday night or We'd
nesday: cooler Wednesday.
ORRIS w. ROBERTS,
MeteOrOlOgist.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

California is doing it's best to lessen
the discomforts of the heat we've. IT
has just shipped SOO,0O0,0O0 lemons.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
COST OF WAR.

The total cost Of all the worlds
wars since the time of Nlpoleon /
until the present time is but ,1e-lalf
of the cost, so far, of the Z l.op IAN
conflict.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

Visit Lucas Ready-to-wear depart
ment today. Specials for you.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08
1879 -
A JOY RIDE.

- wv NUE..
Mrs. M. E. Engel returned last
night from San Francisco. Mrs. En-
gel has purchased handsome silver
gray hearse for use in her business.
She drove the hearse up from the
city.-The Chica Enterprise.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

No wonder a yacht jumps up and
down when it is forced to get on an
other tack.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

MERE THE TRfsONE CAN !
0 BE BOUGHT. {
G. 900 . . = . = q { 90 q
Fargo, N. D.
Gardner Hotel.
Grand Forks, N. ,.
Hotel Frederick.
Devils Lake, N. D.
Il. B. Rosenberg, News Agent
G. ]. B. Turner, News Agent.
Minot, N. D.
IAnSen Bros.
Dickinson, n. ..
et. Charles Hotel.
Minneapolis, MINI.
Kemp & Cohen, News Agents.
Hotel Dyckman.
Hotel Radisson.
st. Paul. DInn.
Merchants Hotel.
st. Marie. Fifth Ct, News News
Agent.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-08

The Napoleonic wars,
last two decades,
cost .......... s15,oOO,0oo, 900
The Crimean wars cost
in total ........... 12,Oooooo,ooo
The American Civil
war cost .......... 700o,0O0,OOU
The war between Prus-
STA and Austria cost, 100000. 900
Total SS4 800 600 .NnG
The Republican. [volume] (Oakland, Md.) 1877-current, 1916-10-19
MEXICAN CAMPAIGN

United States Secret Service agents
learned of a movement of the military
leaders of the de facto government to
revolt and overthrow General Can
rama and join the legalistas party.
The machine guns consigned to
William H. Hoegee Company, of Los
Angeles, were seized by the Federal
authorities and held as evidence in
an alleged conspiracy to violate neu-
trality in which four men are involved.
Batteries D.. E. and f. OF the Sd
Field Artillery, n G. N Y. arrived
at McAllen, Texas, from Camp Whit
man
Unmolested by Carranza troops,
Francisco Villa is in control of all
territory in the State OF Chihuahua,
west OF San Antonio. He is making
his headquarters at Malpaso and has
1000 men under his command. The
bandit chieftain IS recruiting scores
of volunteers daily,
General Venustiano Carranza may
not be a candidate for the Presidency
of Mexico at the first election to be
held by the de facto Government. J.
j. Pesquera, Carranza Consul at Los
Angeles, Cal, declared upon his ar
rival from Mexico City en- route to
Los Angeles.
Orders for the return of the first
field hospital ana the first battalion
of the 22d Engineers Of New York
have been received from the War De
partment