davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
: =
FROM BURKE COUNTY.

d. G. Knapp, Plaintiff and Respond
ent, VS..
Minneapolis, st. Paul & Sault Ste.
Marie Railway Co., a corporation,
Defendant and Appellant.
Syllabus: Cd A common carriers
duties and obligations with respect to
the transporta' :on of property COM
mence with it's delivery to, and accept
ance by, him FOR that purpose.
(2) In the absence of a statutory
rule, or express stipulation between
the parties, the carriers primary liza
bility does net depend upon whether
bill of lading has been issued, but
upon whether there has teen COM
p.cte delivery by the owner of the
goods to the carrier for the purpose
Of transportation.
(3) A bill of lading or other re-
ceipt is not ordinarily essential to a
complete delivery, but such instru-
ment when issued by an authorized
agent of carrier is always compe-
tent evidence tending to prove that
the property therein described was
delivered to such carrier for shipment.
az A bill of lading is at once a
receipt and a contract. In it's two
fold character of receipt and contract,
the bill of lading is subject to differ
ent rules of construction. Insofar as
it is merely a receipt, either party
may explain or contradict it by parol
evidence, but as a contract it must be
construed according to its terms.
90 The Carmack amendment to
the Interstate Commerce Act makes
carrier who receives property for In
terstate transportation liable for loss
or injury to such property beyond it's
own lines, but it does not make a car
rier liable for the acts Of preceding
carriers, which may have resulted in
loss of, or injury to. such property.
CO.. A local station agent, as such,
has no power, without further author
ization, express or implied, to bind
his company by contract to trans
pert goods from places distant from
such station and distant from defend
ants line of railway: nor has such
agent any authority to assume liabil-
ity for acts of preceding carrier.
CD Where plaintiff sues defend
ant for the value of certain grain al
legged to have been lost thorugh de-
PENDANTS negligence, while such grain
was in the custody. and under the con-
troll of, and upon certain boats owned
and operated by the defendant as a
common carrier; and where the evil
dence shows that such grain was lost
while in the possession of preceding
carrier, and before the shipment had
been delivered to or received by de-
fndant,. the plaintiff cannot be permit
ted, to introduce evidence tending to
show, or, recover upon the theory,
that the defendant by special agree
ment had assumed responsibility for
the safety of such shipment while in
custody of, and being transported by
such preceding connecting carrier.
Appeal from the judgment of the
district court of Burke county: Buttz,
special judge. Defendant appeals.
Reversed. Opinion of the court by
Christianson, ].
Palda, Aaker & Greene, of Minot,
(Alfred H. Bright and John L. Erdall,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
NOTICE OF APPLICATION FOR
PAROLE

Notice is hereby given that Albert
Lambert, an inmate of the North Da-
kota State Penitentiary, has made ap-
plication to the Board of Experts for
parole. A hearing will be held on
said application By the Eoard of Elk
perts in the Wardens Office, at the
said Penitentiary, on the 18th day Of
August, 1916.
Said Albert Lambert was convicted
in the District Court of Burleigh
County on the 18th day of June, 1915,
for the crime of grand larceny, and
was sentenced thereupon to the State
Penitentiary for term of five years.
Any information that can be fur
nished in writing and presented to
the said Board at their meeting on
the above date will be duly consider.
ed.
Any and all communications should
be addressed to F. S. Talcott, Ward.
en-, North Dakota State Penitentiary,
Bismarck, North Dakota.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
PROCEEDINGS OF THE BOARD OF
CITY COMMISSIONERS.
July 81, 1916

July 81, lSIo
The board of city commissioners
met in regular session.
Present: Commissioners Battey,
Kirk, President Lucas.
Minutes of meeting held the oath
inst. were read and approved.
A letter from the city engines call.
ing attention to the condition of the
streets as left by the Gas company
now making excavations in the in
stallation of gas service, was read
and the engineer directed to insist
that the dirt be replaced in the ditch.
es in proper manner.
The following bills were directed to
be paid, funds permitting: Chas. Ma
son $500, Northwest Public Service
Corporation $S0.50, Firemen $4,000.
R. w. Patzman $500, Chas. Mason
$14.0O, c. R. Downing 800, Gust KEN
ma $3.50, Jos. Breslow $40, VIM.
Cleveland s1S.64, Bismarck Tribune
Co. 1875.
On motion of Commissioner Kirk.
the salary of J. H. Hubert as special
policeman was fixed at $500 per
month until further orders.
On motion of Commissioner Kirk
the sum of $4,000 was allowed the
fire chief for expenses to be incurred
in attending the International Fire
mems convention at Providence, r. /.
On motion the board adjourned to
the Bird inst, at 8 o'clock p. m.
Attest:
R. H. THISTLETHWAITE.
City Auditor.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
F. &. YOUNG

Watch this space after September
LIST for the very best bargains in Bur
leigh County farm lands and Bis
marck city property.
F. e. YOUNG
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
CHICAGO.

HOGS-Receipts 10000; weak, un.
changed to 15c lower; bulk $3.50 to
1855; light $9.40 to $10;mixed 1906
to $l0.O5; heavy SO to s10O5; rough
SO to 1915; pigs $7.75 to $780,.
CATTLE-Receipts 5000; weak:
native beef steers $685. to $1O.4O.
western steers $6.75 to $3.50; stock
ers and feeders SIS to So; COWS and
heifers $3.50 to 1926; calves $3.50 to
ST. .n
sHEEP-Receipts 10000; steady:
ewes $3.50 to $7.65; lambs 1925 to
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02

Minneapolis, Mimi, of counselt attor4
neys for defendant and appellant.
George A. Gilmore, of Williston, and
F. B. Lambert Of Minot, attorneys for
plaintiff and respondent.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
WORK WANTED
SUPREME COURT

FROM RoLErTE COUNTY.
DR.. Koch Vegetable Tea Company, a
Corporation, Plaintiff and Respond
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
ST. PAUL

HOGS-Receipts $500; best steady,
others 5 to 10 cents lower; range
$3.50 to 1866; bulk 1925 to 1896.
CATTLE-Receipts $4,000; killers,
steady; steers S. to 1915; cows and
heifers SAFE to $775. calves, steady,
81 to $11.z5; stockers and feeders,
steady, 1915 to $7.25.
SHEEP-Receipts 100; steady:
wethers 1926 to $3.50: ewes $3.50 to
81.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
BUSINESS OPPORTUNITIES
BUSINESS FOR SALE

LIVERY BUSINESS FOR SALE.
A complete livery business with
hacks; auto livery and coal business
doing very good business. Owing to
my health must sell at once as !. can
not take care Of it. Will take in trade
good city property, farm lands or
stock in any state. Have three
year lease on barn. Write No. S26
care Tribune for further information.
7-2l1mo.
FOR SALE-An established and prof
table hotel business in a live North
). Dakota town. Write for particu-
lars, 1926, care Of Tribune. 7-19-1St
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
LOST AND FOUND

I0ST-Green sweater, near Burleigh
Finder return to Tribune. and re-.
! ceiye reward. 7-30-4t
losT-Ladies' black purse, contain
ing money and receipts, on Thayer
street, between LIST and 4;h FiAder
return to Tribune Office for re-
ward. 7.3I st.
LOST OR S1OLEN-Liver and white
male pointer; collar with Bismarck
license tag. Call 1872 for reward.
7-23-12t
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
LET 4 CLASSIFIED
AID WORK FOR \ OR YOU
Classified Ads-Cash in Advance.
No Ads Accepted after Six O'clock P. NJ.
NOW 70 ANSWER sL,np Aps.

An eds signed with numbers or
initials. care 4 Tribune must bs An.
SWered BY letter addressed to the
number given in the ad. Tribune en-.
DloyeS arc not permitted to tell who
any advertiser Is. Mail or send your
answer to Tribune No. -, and We
Will forward it to the advertiser.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
WANTED H0USE

WANTED HOUSE8
modern house with
6 or z rooms; also barn or garage
Phone, or leave word, J. M. Martin,
Hotel Mckenzie. Slit
WANTED-6 or 7 room house, mod
. ern, Sept. /. p O. Box 445. Phone
. 672R. S-1-3t
WANTED-Modern, we'll built resi-
dences. Give particulars, price and
terms first letter. City Insurance
Agency, Bismarck. 7-25-tf
WANTED-To rent or buy at once a
centrally located modern six or sew
en- room house. J. p. Sell, Bis
marck. 7-19-tf
WANTED-Furnished bungalow or
small house, by October l. Call or
write 818, Tribune. 7-11-tf
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-08-02
ADVERTISE EsTRAy ANIMALS.

Any person taking up an sstray ani.
NAL must advertise tho sans within
ten days in some newspaper. The.
must also within ten days send notice
Of advertisement to the county audi
tor and another by registered mail
to the commissioner Of agriculture u
Bismarck. Il you fai: to do this. YOU
are likely to get into trouble.
The Alaska daily empire., 1916-02-26
WILSON AND CONGRESS.

The letter of President Wilson to Senator stone anent the proposed Congressional resolution warning Americans to refrain from taking or employ
 ent on merchantmen that may be armed in accordance
 with their lawful privilege states the of the United
 States SO clearly that 1t is strange that there should be division Of sentiment among Americans on the ques-
 on It is rule of international law that the laws Of nations regarding the rights of peoples during war time cannot be changed except by the consent of all the na lions engaged in tho war. Doubtless President Wilson would have the laws covering many of the points that have been in controversy n the negotiations which he has conducted with consummate skin. changed It IS known that be has used hs influence in favor of reg uaton providing that merchant ships should not carry arms But the laws which govern the conduct of the present war were before the war began and they were agreed to by all the participants in the war The
 United States cannot legally change them. nor can Ger many Great Britain nor any other country They per init merchant ships to arm themselves for purposes of defense They permit neutals take passage on ships SO armed and require that the ships cannot be attacked
 without warning chance of escape for those on them That means that to prohibit Americans from taking pas sage on such ships would be to deprive Americans of
 lawful right The President contends that 1t is the duty of the United States government to protect Amer cans in he exercise of their lawful rights.
 The reasoning of the President which him to conclude that R the United States government should refuse to protect American citizens in the exercise Of some of their rights she would let down the bars for attack on other rights is logical AS he further says such course would not only be reacherous to our own peope but 1t would be unjust those of other neutral countries The crime would be against all mankind as
 well as against Americans who would be sacrificing not only the rights of her own people but she would be lowering her righful status as nation among nations.
 It is unfortunate that Congressman have seen fit to attempt to weaken the hand of the President at time when he is making one of the greatest fights of his administration for American rights and the rights of all neutrals It is when he should have the undivided support of every American. and most of all those Americans who are charged with official respon sibnitv
The Alaska daily empire., 1916-02-26
THE PRESIDENTS CONSENT

After his election. but before he took office Presi dent Wilson expressed himself on the subject of sec opd term He said in private letters and to his friends that he believed two terms would not make too long
 period for one man to serve in the Presidency, but that he was opposed to the of the power which that office coners for the purpose of gaining second term 1T there was to be second for President he believed 1t would come from the people and should be the result of their belief that he had work to do which they wished to have done.
 In accordance with that view of the matter the President has refaned from offering himself as can didate but he has made objection to the spontan- eous campaign which is going forward in his behalf all over the country Up to the time when the Ohio stua- ton developed the President had not even said he would accept nomination if it to him. That situation grows out of the Ohio law which requires any person seeking to become delegate to national convention 10 declare what candidate he for the nomination and his choice must be from among declared candi- dates.
 There is no question that the Ohio Democracy is all for Wilson. but the State could not send Wilson delegation without word rom the President that his name might be used. That consent the President has given and it constitutes departure from the doctrine which he laid down.
The Alaska daily empire., 1916-02-26
Our Daily Special Never put off tin tomorrow the bath you could take today
Luke moLuke says

About this time of year lot of the last crop of June Brides begin to won der who put hop into their coffee and made them imagine that five by-two whisker incubator was an Apol- 10.
 The old.fashicned boy who used to believe that his daddy could lick any man in the world now has son who believes that 1t would be a sham to take wauop at the old Four-Flusher.
 Every time one political party dumps the cthe'. political party out of office the country gets to see brand.new crowc of Insurance soIici- tors in actioil
 When you are out with friend wife and you happen to pass a real Pippin you mentally exclaim 'M-m-m, ain't she peach! Oh, you beb-bee-" And just then Friend wife will ask you if you think she is pretty And you say; "Think WHO is pretty?" And she will reply. "The girl who just passed" And you will say: "why, should say not. She is painted up like circus parade. wouldn't be seen on the street with that noisy animal"
 Good luck is always proud to be seen in the company of the man who is delivering the goods.
 The woman who had the perfect husband had to divorce him. There is no pleasure in being married to a man unless you can have a scrap with him every now and then.
 You may not believe it. But 1t is a wonder how nicely the nation and the stase and the city and the neigh bors can get along when you m.nd your own business Try 1t once and see.
The Alaska daily empire., 1916-02-26
sibility
ROOTS CRITICISM

Senator James Hamilton Lewis spoke to the point when he suggested that those who oppose the admin israton foreign policy account of "weakness were fair they would propose with Germany or the oth- CT powers with which we have disagreed. President Wilson has coutended with all the strength of which he is capable for the recognition of the rights of Amer cans and in most instances he has received promises that they will be recognized The months that have passed since the beginning of the war have witnessed more American diplomatic victories than have been won in any similar period of American history. The President has gone as far as would possible for him to go without making war He has gone so far that the only legitimate criticism account of weak
 ness" can come from those who would have the United States go to war To be consistent therefore Senator Root and the others who crtcise should demand that America declare war against some nation or nations That is of course if their criticism is in good faith
The Alaska daily empire., 1916-02-26
THE ABUSE OF LANGUAGE
CBoston Herald.)


 Whether our speech is to serve us as m.tten or glove depends on the pains we are willing to take with distinctions like those in should" and would .who" and that" "the boys" and "of the boy
 Unhappry the careless use of the mother tongue is confusing forms and dropping distinctions that even co,oour wording can III spare One enormous vocab- uay grows faster than the dictionary makers can issue appendix and new edition; but our grammar Ike an aging tree is decaying at the tops Take for instance
 would" and should" Here In New England the dis1lnc- ton fingers In the Middle West and beyond would has hopelessy merged with It's own service that Of should" The smoother phrases @ would like and 'l would be grateful" already appear in formal writing and only the verbalist is vexed The distinction or
 who" from that" for all the good examples in the talk of street and shop and in the common version or the Bible is as good as gone from our modern books In "a running fight" "by running race" l saw John running" 'I saw Johns running how many of us can tell apart as adjective infintye partcipe and verbal noun those four runningsl Is 1t wonder that we are letting slip the good distinction between He didn't like Tom interrupting" and He didn't like Toms Inter ruptng?" graver loss has come of our azness with subunctive forms Our school children think us quaint when we say. If he were" or Wherever 1t be-
The Alaska daily empire., 1916-02-26
HORSE SENSE vERsUs NONSENSE
nouisville courier.JournaD

The essential difference between the speeches of two former Presidents of the United States is that VII liam H. Tans utterances are horse sense and those or Theodore Roosevelt nonsense
 "As neutrals." says Judge Taft i've have rigEt to sell munitions to belIgerens AS the fortunes Of war have swept Of the belligerens from the sea the exercise right has aroused the enmy O. that belligerent and created storm
 That is all there is to it. save that the speaker might have added that regfuse to sell to the oeger ent who commands the sea and can come to market would be tantamount to action part against that begerent and in favor of the other party to the con fict course unneutral, unwarrantable and unsafe.
 Col Roosevelt in his usual effort to exploit himself as an exponent of the higher morality has been telling audiences that it is right for to sell arms and ammu hilton to the Allies because Germany is in the wrong That is bosh The effect of such talk is to give aid to the German propaganda in the United States. A har- anguer who is sputterngly militant against Germany be- comes as result of nEconsdered and foolish msstate- ments of fact and grave misepresentaons of the at tude and course of his countrys government highly val uable to the cause he opposes
The Alaska daily empire., 1916-02-26
THE CHILD OF DESTINY

Just at the moment when the world is wondering what is on his mind T R. cruises of lghtheartediy to the West Indies
 Are you going huntings" a haDless reporter in
 You don't go whaling in the Rockies" retOrts the Colonel
 The Bull Moose feels himself ever the child of des- inv If he had made better mouse trap in the Anna. zonan forest rates for would be arranged to ,s door Where he sits there the head of the table If for the moment he appears get off key of his eonntrymens feelings it matters not His countrymeu v, change their tune Meantime the Colonel merrily huns on.
 Inst when the future seems most uncertain he ..ot. n,s grip and s gone wn he traverse new Riv-
The Alaska daily empire., 1916-02-26
THE nAIRposT" IN ALASKA
Seattle Times.)

Alaska is a new land and therefore. 1t is peculiarly appropriate that the postofce department should exper ment there with its scheme for distributing mall the 'airpost."
 Bids were asked today for service on eight routes, seven of them in the Northern Territory and one in Massachusetts If suitable arrangements be affect ed 1t is contemplated starting the odd service on Oc- tober l.
 The success of the venture depends in large meas ure on the policy of the department If It is prepared to experience some reverses and dsappoinments and to balance up the advantages obtained through use of the planes with the occasional failures that may oc cur the "arpost" will become recognized part of the service not only in Alaska but at various other points in the United States
 Aside from the peace-time benefits Of such an ar rangement there is wartime importance attaching to these operations that deserves more than passing atten- ton Extension of the "airpost" will mean the building up of corps of experienced avators and the creation of reserve of machines that would be of incacuabe benefit the army navy in time of national need.
The Alaska daily empire., 1916-02-26

ers of Doubt Undor the keel Of ha craft there s no doubt Why ia he setting sang Had he intended to go a aoug2 Surely 1t was so orsred before the beginning of the world.
 In time T. R. win return. Some bright spring morn Ing his prov will cut clean white path across the bay and the world win await his utterance. While he ao ourns amid the splondors of the equatorial lesser men may fight out their differences The Colonel cares not Time Is assuagIng. The hour ever awaits the A child of destiny need never fear.
The Alaska daily empire., 1916-02-26

Hats off to Senator LOdge. the Republican Senate leader in foreign affairs matters who says he is stand ing fairly and squarely behind the President in his fight for the maintenance of the rights of Americans on the high seas and that he will support him to the end Every American should do that
The Alaska daily empire., 1916-02-26
Fumes Of Gasoline

Your friends complain that you go about with your nose turned up since you got a little money?"
 Tt isn't pride. old chap. It's the shifting habit Too many garages starting up in my neighborhood, that's all.-Nouisyille Courier-Journai.)
The Alaska daily empire., 1916-02-26
snootraI

What is Dubbklns. anyway pro-al- ly or pro-German?r asked Hickenioo- per.
 "oh, DubblsIns is a snootraI," said Bliffkins.
 "snootral2 You mean neutral. don't your"
 'No.e said Bliffldns. CT mean shoot ral. Dubbkins spends his time turn ing up his nose at both sides -"-(New York Times.)
The Alaska daily empire., 1916-02-26

From all parts of the Territory come reports of un. fortunate men who were overcome by the intense cold the past month The winter has been Of the most in the history of the country and the list of cas- ualties will be long when the spring opens and the facts can be ascerained In many cases the least care thoughfuness would have saved the life of vlc- tims but they took precautions and lost their lives -(Valdez Miner)
The Alaska daily empire., 1916-02-26
punLlc srENoaRAPHERs
JANIroR sERvIcEs
FASHIONABLE DREsaMAKlNo

All of tho lateat and most artistic designs. Thoroughly experienced and competent dressmakcr. Mrs. M. Has lam. room 12. Malonvy Bldg. Phone, s41. s-1o-Sm
The Alaska daily empire., 1916-02-26

united country in support of the President in his foreign policy would be the guaranty of peaceful solution of the international problems which confront
The Alaska daily empire., 1916-02-26

hsavier than usual There are many Fairbanksans
 in the States who win be returning home and the couragng reports rum the Tolovana that many old prospecors and miners will wend their way to that
The Alaska daily empire., 1916-02-26
Namoa b Names

Iona Valentine lives at Huntington West Virginia
The Alaska daily empire., 1916-02-26
HuMoR OF THE DAY
rhLnna ro Worry About

There was time when September had only le days.
The Alaska daily empire., 1916-02-26

not il be better to gFe them say in It's making? Econ omy is the average woman's middle pame.--t tChcago Herald)
The Alaska daily empire., 1916-02-26

WANTED TO TRADE-Good min ing claim on beach at Ltuya Bay for O gas boat. Must be seaworthy and in good condition Address "x, care of Empire" 24-st.