davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
SUPREME COURT
FRO MRicHLAND COUNTY
he Ellihtt Supply Co.; a Corporation
Plaintiff and Appellant,

'~~' 70 MRlCHlANO COUNTY
The El1ihtt Supply Co.; a Corporation,
Plaintiff and Appellant,
"s@"s-,' vs.. Mn. ID"
!. L., Green, Defendant and Respond
ent. , - -.s.-. ..' -'"t9
Syllabus: (1) Where certain de.
lenses are pleaded but are abandon
ed on the trial, It is bad practice for
the court to read the answer to the
Jury or to refeH specifically In his
Instructions thereto. It is the better
practice to merely instruct the Jury as
to what the sole and only defenses
are. Where, however, the instruc.
tons taken as a whole are such as to
make it clear to any reasonably in
telligent man that these defenses are
not in the case and are not to be
considered, prejudicial error will not
be presumed.
(2) Even though a, contract for the
sale of goods be indivisible and en-.
tire, purchaser cannot, except per.
haps where time is Of the essence
Of the contract, repudiate the same
without giving the seller reasonable
opportunity to make up the deficit,
and where he, at the time of the de-
livery Of the goods, positively repudi.
ates the contract on some other
ground. the seller is not compelled to
first deliver the missing goods before
he can seek to recover for the whole
bill OF goods less the said shortage.
(3) Where written contract for
the sale of goods which is executed
by intelligent men, who are in the
free exercise Of their ordinary facul.
ties, contains provision that it ICON.
tains all the conditions and agree,
ments between the parties" and that
I'VE have read this order carefully
and ind same contains all conditions
agreed upon" evidence is not admis.
sible to show that prior to its max.
ing the seller agreed that the goods
were sold at the regular wholesale
prices that prevailed in the trde, when
no such provision is confined in the
contract.
Action to recover the price Of mer.
chndise sold.
Appeal from the District Court Of
Richland County, Frank p. Allen, J..
Judgment for defendant. Plaintiff
appeals.
Reversed. Opinion of the Court by
Bruce, J.
Purcell, Divet & Perkins Of Wahpe.
ton. Attorneys for Plaintiff and Ap
pellant Hankinson.
]. A. Dryer and Wolfe & Schneider
Wahnetcn. Attorneys for Defendant
and Respondent.
In the Supreme Court. State Of North
Dakota, September Term, 1916.
Grant s. Youmans, Plaintiff and Ap.
pellant, VS..
Louis B. Hanna, ct al, Defendants and
Respondents.
This cause having come up for hear
ing on this 10th day Of November, pur.
suant to written stipulation on file,
counsel for appellant has filed writ
ten application reqesting that notwith-
standing such stipulation the cause be
placed back in its regular order on the
calendar, or that the same be set for
argument on December 20, 1916, coun-
sci for appellant not appearing per-
sonally.
Counsel for respondents appeared
and opposed such application and NOV.
ed for an affirmance of the judgment
upon the ground that no sufficient
showing was made as a basis for ap-
pellant's said application and no ap
pellant's briefs served or filed.
After duly considering the matter. it
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
WITH + ! | !. THE MOVIES
BISMARCK

Those who saw Geraldine Farrar
the celebrated -prima donna, in the
Jesse L. Lasky. photodramatic version
of her famous opera, Carmen" have
another treat in store when she ap
pears in Temptation" at the Bis
marck tomorrow only. W. 49,
AS Carmen" Miss Farrar was seer
as the fascinating half-wild, wholly
cruel, hea'rtiess gypsy. In 1.-THE
Temptation" written especially fol
her by Hector Turnbull, she is seen in
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
i0RpH|IEUM.,}
rs Woman can''Faii 10 30 Interested
I i,C4ks seiatlon,.: as Depicted BY,
= "cE' 49, Dorothy 0ish.' 2: 4

No woman Can f4lJ 70 20 Jnyev0Sy0o
7 ~ 4ks ISOLATION. 10 Depicted BY
"e!E ~ Dorothy oisk. .
lin these, days Of woman's place in
the broader fields of the worlds work,
the note struck in the opening scenes
Of the, new, Triangle play, Susan
Rocks the Boat" with Dorothy, Gish in
the leading role. has peculiar sisnia'
Susan is is 4 l. sill raised without, q ire.
sponsibilitys to-. her name. She has a
fortune of her very own, home, SER
wants, horses, automobiles and all that
is part Of d life Of luxury: Yet she al;
ready has Begin to feel the desire to
be- up and doing. 1t SO happens that
Susan has. the wherewith to rock the
Old family boat and create a little ex.
element for herself; SO hers is AN
ideal situation, ''' =" -
Most young women think that mar.
riage IS going to free them from mono.
tonous life Of the old family circle,
only to find that they have entered up.
on q thraldom vastly more obnoxious,
from which there Is no escape. Susan
has that opportunity to marry, with a
brainless little society fop as candi'
date for her hand; but fortunately, she
takes her flipg before, and finds a red
blooded man who knows how to handle
himself when necessary.
So, underlying the pleasant humor
Of little Susan's story. there is visual.
lied what twenty million women want.
to help themselves to help the nation
It's big idea, worth thinking about.
See this fiye-reel Triangle play and q
ltworeel Keystone comedy at the Or
|pheum theater tomorrow, matinee and
night. only =. - ...----,- ~ IL =
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
THE REFERENDUM.

If the terminal elevator mill tax
act abolishing the levy Of 1915 and
1916 is repealed, how are the defend
ers Of legislation by ballot going to
explain? Frazier's main plank is the
terminal elevator. 1t was the issue
that called him into political being.
The state goes almost unanimously
for him, but on face of incomplete
returns upholds the measure abolish
ing the mill levy. OF course, total
returns may prove otherwise.
The result either way is immateri.
al. Levies for 1915 and 1916 have
been made under this act and even il
the referendum is not sustained, the
$4,000 which will be collected will
revert to the general fund.
With the League in the saddle, it
would not be a hard task to correct
this little oversight of the people
Fraziers vote indicates beyond a
shadow Of doubt that the people Of
North Dakota want to experiment in
state ownership Of terminal elevators
1t is interesting, however, in this
connection to analyze the first oper
alton Of the legislative referendum in
North Dakota. It took a NEGATIVE
vote to disapprove of the repeal
Friends Of the terminal elevator EVIL
IDENTIFY were under the impression tina,
an Affirmative vote was called for.
Students Of the referendum will
await with interest the outcome OF
the vote on the mill tax and the boot.
Logging measure.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
CUSHING TO WASHINGTON.

Walter F. Gushing, secretary of the
state railroad commission. left last
evening for Minneapolis to join the
members of the commission, whom he
will accompany to Washington. Chair
man StQtsman, Commissioner Ander-
son and Rate Expert Little left Friday
evening for the national capital to at
tend the annual convention Of the Ma
tional Association Of Railroad Com.
missioners. When they reached the
Mill City they found that matters
would come up which would necessi-
tate the attendance of the executive
secretary of the North Dakota board,
and hurry.up call was sent in for
him.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
WEST DECIDED IT.

President Wilson. owes. his election
to the West The political maxim
that the Eas: decides presidentia
elections no longer holds good GaN,
fornia has given US four morc yaa-
Of Wilson, not New YORK Tor the
first time in the history If the asIiQu,
the decisive votes have been cas-
west Of the Mississippi rather than
east Of the Ohio.
Few presidents have been elected
without carrying New York. HAYES
Of course, was an exception b't. y"
success was more or less Gu to nc
litical manipulation. Tilden rec,iva3
the popular vote by carrying New
York. Wilson wins the popular vots
without New York
The Republican legend that as
Maine goes 50 goes the nation: q.
New York goes so goes the election
Is no longer. vital. II the Wilson
Hughes vote unofhcially announced Is
correct, the West has established
new political traditions. Political slo
gans must be revamped, the old catch
phrases become anachronisms.
1t is amusing to watch the editori-
al contortions of the New York dailies
which prematurely announced the
election Of Hughes on the assump
ton that the West was as safely Re.
publican as the solid South is Demo.
cratic.
= The New York Times, strong sup
porter Of Wilson. wrote the swan
song Of the Democratic party in its
issue Of Wednesday morning. It is
IN interesting contribution to cam.
paign literature.
Political traditions take powerful
hold OF even Democratic papers. This
comment in the Times the morning
It elected Hughes is both interesting
and amusing, in view of what really
happened when the news came from
California:
"The Republican legend is still vi.
tai, like the Napoleonic legend it sur.
Wives death and disaster, its power,
though diminished, dominates the
country. The Times has often said
that the country believes that it IL
better OF under Z Republican than
under q Democratic administration
Now and then it uses the Democratic
party As a whip to scourge the Re.
publicans into good behavior; duly
chastened, they are returned to pow
or. Since Andrew Jackson was elect.
ed in 1852 no Democratic President
has succeeded himself. Martin Van
Buren, succeeded Andrew Jackson
but since the Wing party was formed
only one Democratic President, Frank
lin Pierce. has had a Democratic sue
cessor. In the sixty years that have
elapsed since the Republican party
first voted for presidential candi
date the Democrats have been in Dow
er but sixteen years, four terms o.
the presidency-Buchanan Cleveland
for two terms, and Wilson. The con
clusion is irresistible that the country
y Republican, that it prefers Eepub
lican administration"
The Times went so far as to p.c)
xr. Hughes secretary Of state. W,
quote:
History will do full justice 70 Mr.
Wilson's administration It will writ.
the truth about his management o
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12

Jamestown.-The Spiritwood Lake
Chautauqua association has been cap
italized at $4,000. Twenty thousand
dollars Of this amount has heen sub
scibed by farmers md business men.
On the remaining $4,000 liberal sub.
scriptions have been made.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12

Geraldine Farrar, great American
star, who appeared In Carmen" at
the Bismarck Monday. in 'Tempta-
ton"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12

ATTEND RESERVE MEET.
=. Governor Wanna will leave tomor.
row for Minneapolis to attend q meet.
ing of the federal reserve bank board.
Thursday and Friday he will spend
with the state educators at Fargo,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
NOTICE TO THE PUBLIC.

A readjustment of telephone rates
for the business section of Bismarck
having been asked of this commission
BY the North Dakota Independent
Telephone company, and 81 per cent
of the telephone subscribers within
said district having agreed in writing
to such readjustment for reasons sat
isfactory to them; therefore, subscrib.
ers within said district will be given
opportunity to protest until Novem-
Der 18th, and in the absence Of sub
stantial objections in writing, said re.
adjustment and new rates will 90 into
effect December 1, 1916. So. F.,
The new rates are as follows:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
LOCAL WEATHER BULLETIN.
Forecast.

Forecast.
North Dakota: Fair and continued
cold Sunday; Monday probably fair
with slowly rising temperature.
ORRIS w. ROBERTS,
Meteorologist.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
TO ATTEND FLOOD MEET.

State Engineer Jay w. Bliss will
iease, this evening for Fargo. where
nc will attend the sessions Of the
food control conference during the
ensuing two days.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12

:, by reason Of the absence OF tsucl,
IN arrangement in our constitution;
the voters have endorsed Wilson, 5ut
turned out of ONCE many members Of
his party in the lower and fuppeS
houses Of Congress. A familiar con
.:adiction or political inconsistency
81 which the American voter issoften
guilty, is again reflected in this presl
initial election
Republicans have gained in man
instances even II they lost the pres.
dency. They are in good shape to or
ganise and prepare for 1920. The
Tribune believes their return to pow
er then is almost inevitable.
Wilson's administration has receiv.
ed only a faint.hearted endorsement.
He must win Republican support in
Congress If his policies are to tri
umph.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
SCHOOL BOARD SUED.

Papers were served at the instance
Of the attorney general last week on
the Valley City board Of education,
which is being sued by the Valley City
normal for $4,000, which is the alleged
amount due the normal for the tutor
ing of some 200 Valley City grade pu.
pills in the model training school of
the normal. The board Of education
protests payment on the grounds that
it had no knowledge of the young PEG.
pies attending the normal school, and
that ample provision for their educa-
ton had been made in the regular
city schools. An act Of legislature pro.
vides that the normal school shall re.
ceive 81 per month for each pupil tn.
tored in its model school, but makes
no provision for the notification Of the
local school authorities.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12

MAP or NEW COUNTY.
State Engineer Jay w. Bliss is en-.
gagged in drafting map of the new
Grant county. for which the demand
already is heavy.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12

Cheer up The campaign cigars
are nearly al, smoked
All are indulgi2g in high life these
days.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
LoMAs co. INCORPORATES.

Articles of incorporation were filed
with the secretary Of state yesterday
by the Tomas Hardware Co. OF Bis
marck. The capital Is placed at $685.
900, and the incorporators are w. P.
Lomas and D. M. Tomas Of Bismarck
and L. F. Rapp Of st. Paul.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12

There seems to have been a solid
North, also.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
A GREAT PARTY.

Republicans will profit by the les,
sons taught in last Tuesdays election.
Despite defeat, the party will con.
tinue to be virile force in American
politics and play a considerable part
in shaping the national policies.
Returns are too incomplete to fore.
cast the complexion Of the lower
house Of Congress. The Republicans,
however, have excellent prospects OF
controlling. If they do, Wilson will
have four troublesome years % fal
IS domestic policies are concerned.
The Senate seems safely Democrat
ic. Because of our faulty system Of
government the legislative branch is
not necessarily in accord with the ex
ecutive.
In most civilized governments wise
provision is made for the return to
power. of the legislative members o.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-12
SUNDAY, NOVEMBER 70, 1916.
900 q q q 4 q 4 = q = q :
. WhEhE THE TRIBUNE CAN Z
Q BE BOUGHT {
90 = = = + + - q &

Fargo, N. D.
Gardner Hotel.
Grand Forks, N. q.
Hotel Frederick.
Dickinson, N. D.
st. Charles Hotel.
Minneapolis, MINI.
Hotel Dyckman.
Hotel RadissOn
G.. PAU, MInn.
Merchants Hotel
st. Marie, Fifth ST., News Agehl
The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1916-09-27
Secretary
Shaw
And Others Spea' TO Large
Audience at East Stone
Gap.

On Monday night the 25th
ex-secretary of the u. S
Treasury, Leslie NJ. Shaw, along
with Congressman Slemp ana
Col. David f. Bailey, spoke to
a large audience at the School
Hall at East Stone Gap. Senator
j. M. Goodloe acted as chair
man. first Introducing Mr..
Slemp, who talked about 30
minutes, mainly in answer TO
some of his opponents state
ments. The party had lust
came from Abingdon, where
Mr.. Slemp had delivered the
opening speech of his campaign.
. Colonel Bailey closed the
meeting in humorous talk of
% minutes in which he said he
h a d preached protection
i'll this valley long before IL
town was thought of around
here.
Secretary Shaw spoke logical
ly and ably for his party
and urged a strong protective
policy to save American indus.
tries after the end of the
European War.
The large room was filled to
seating capacity. The BigStone
Gap Band furnished music.
The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1916-09-27

shrewdest minds of the world
in their campaign for CONNER
cial self preservation, and to
meet this united onslaught
the tinanciers and manufac.
tnrers and other powers of the
business interests of our own
country should be even now en-
trenching themselves and build
ing a hulwark of protection
which even time itself will find
understandable. We cannot hope
to retain the advantages we
have gained unless extraordin
airy measures are pursued, and
any relaxation OF vigilance now
or in the future will result in
commercial loss and eventual
disaster. Exchange.
The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1916-09-27
Cook with Electricity.
Aged Man Dies.

Freezing. Va, Sept. % Ab
ram Mullins. aged apparently
about 80 years, died at his home
near Baden, this (Dickenson)
county, on Thursday. lie had
been i'll for several months, and
had undergone an operation,
from which he never fully re-
covered. He came to this see
ton from kentucky about forty
years ago. since which time he
had resided continuously at the
same place. He leaves n wife
and several children, besides
extensive family connections
over Southwest Nirginin and
East Kentucky.
The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1916-09-27

injury to the federal govern.
mont, and letter users given
the benefit of a big reduction
over current rates.
Nearly sixty bills were pre-
scented ut the present session of
congress-, calling for one cent
letter postage. Scores Of repre-
sentatives aud senators have
been closely studying the mat
ter and have become united in
a conviction that the time is
ripe Cor one cent postage, a re-
form sought for many years, but
only recently brought to the
attention OF congress through
the persistent campaign on the
part of the National One Cent
Letter Postage Association.
AT the present time letter
users of the United States net
n profit TO the government of
over $75, 900, 900 year over ac-
tual cost Of distribution. At
the same time large magazine
interests are securing distribu
ton of their product at one cent
n pound, which means great
loss to the government and to
make up this loss users of let
ter postage are paying a profit
of 100 per cent.
1t is to correct this great in
justice that the postmaster gen
eral and his hundreds of assis-
Iants throughout the country
lre now employed From all
Indications one cent letter pos
age promises to be one of the
most important issues at this
winters session of congress.
The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1916-09-27
The Mikado" A Great
Success.

"Thc Mikado" the Comic
Opera, which was given here in
the Public School Auditorium
last Friday night by local tai.
ent, under the direction of Mr..
Albert Baker, Of the Willis
Music Company, of Cincinnati,
was one of the most successful
plays ever given in the Gap by
local talent.
Every member of the efficient
cast of characters did their
parts exceedingly well. Special
mention should be made of The
Mikado, who was John Jones,
about whom some of the audi
ence remarked that he rivaled
allMikados they Ind seen in the
larger cities, also of Yum Yum,
Miss Margaret Petit, Kutiska,
MissSOlga Horton, Pitt Sing,
Miss Mabel Willis, Peep Bo,
Mrs. w. Jones, Poo Bah, il. j.
BURNETT, and Pish 'rush, Les
ter lessee, who never before
have appeared in public in such
difficult parts and of Miss Mary
Ramsey, Pianist to his Royal
Majesty, The Fan and Flower
Girls, The Cowboy Girls and
the Lilliputians Drills which
were trained so well, were one
of tho most beautiful featutes
of the whole Opera.
The members of the Japanese
Ladies' chorus which made such
an attractive back ground for
the main characters during the
whole play rendered their parts
very gracefully who were Nils
ses Mary Gilly, Ruby Kempcr,
Claribel Lockett, Lorraine Tay
Tor, Memo Vineyard, Nellie
Hershey, Adelaide Petit, Betty
Reeder, Virginia Baker,
Dorothy Owens, Bruce Skeens,
Sophia Benedict and Janet
Bailey.
Saturday night the Mikado
accompanied by the Japanese
Ladies' Chorus and Fan and
Flower Girls went to Stonega,
where they played to very ar-
preciative audience ut the
Theatre and Tuesday night
The Mikado accompanied only
by tho Japanese Ladies' Chorus
The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1916-09-27
Be A Booster.

Do you know there's lots of brothers
Sitin' round in every town.
Growlin like a broody chicken:
knockn every good thing DOWN
Don't you he that kind % crouch,
Cause they aiu't no use on earth:
Iou just he a booster member,
Crow and boost for all you ~ worth
If Your lodge needs boostin', boost or
Don't hold back and wait to see.
lf some other fellows wilin'-
Sail right in, this country free,
No ones got mortage On it,
Its just yours rs much us his;
If your lodge is short on boosters.
You get in til boostin' biz
IL things in lodge don't seem to suit you
And the world seems kinder wrong
What's the matter with BOOSTING
just 70 help she thing along.
Cause If things should stop goin',
We'd be in a sorry plight
You Just keep that horn y blowin'-
Booster up with all your might
IL you know some brothers failim's
Just forget hem. cause you know
That fellows got some good points.
Them's the ones you want to show
Cast yours dawes out on the waters:
They'll come back sayin true.
Maybe, too they come back buitcrcd
When some Teller boosts for you
The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1916-09-27
Mile. LsselIc 8. Dare Devil Hurley

Mile. l.alicllc leaps the gap and
loops the loop Cunning back somer-
sault, describing complete circle) in
her automobile. The greatest thriller
ever exhibited in the open air.
The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1916-09-27

When the war in Europe is
over there will be one great
scramble by the nations at
strife in an effort to regain the
commerce of the world which
they have lost to the United
States while engaged in the
doubtful pastime of Sitting
each others threats. Desperate
measures will be devised by the
The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1916-09-27

played to large audience in
the Princess Theatre at Appala-
CHA.
The Civic League for which
this play was given realized
over IL hundred dollars from the
play.
The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1916-09-27
Katherine Stinson

The flying sensation OF 1910. This
dainty little l0-year-old miss deiies
all laws Of gravitation in her powerful
Rae Biplane, eclipsing in her daring
flights the achievements OF the worlds
foremost male aviators. Miss Stinson
loops -the-loop and accomplishes other
hair-raising ieats thousands OF feet
in the air. Hex whirlwind race with
high power automobile is thrilling,
startling. At night her blplane is
lighted with brilliant fireworks, Miss
Stinson will positively fly twice daily.
TasmarInn Van Dlcr,ans
Aerialists extraordinary. who capt.
waite the eye and bcwilder the mind
with ieats of hazard and daring.