davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
CORRESPONDENCE
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| Mr.. and Mrs. Lawrence Agnew left
last week for a three months vaca'
ton to be spent with relatives in Su
periOr, Wis. They will spend some
time in Washington and other west
ern states before returning home.
MRS. Anton Neugebauer left Satur
day for visit with relatives In Can
ada.
Melvin Agnew and August Klipstein
are loading car each of grain this
week.
Farmers are kept busy hauling hay
this cold weather.
Walter and George Dietzman are
the proud owners of two new Fords
Everyone had good time at the
dance and oyster supper Friday night
given by the FARMERS union in the
hall. .-.
Word has been received from Mr.
and Mrs. Lyman Harris that they are
at their destination and are enjoying
the climate and scenery of California
III. B. Motif and family are visit
ing relatives and friends in Montana
Walter Dietzman and Melvin Az
new motored to Menoken Thursday
Mary Wood has been confined to
her home this week, suffering from
an attack of la grippe.
Mrs. v. M. Craven returned from
Bismarck, where she is having dental
work done. ...
George Shafer. an emplOye of the
Stacy Fruit company Of Bismarck
spent the week end at the home of
Mr.. and Mrs. William Atkinson, en-.
route to his home in Hampton, la.
Miss Violet Smith spent Sunday
with Miss Lillian Reineke at the
home Of Mr.. and Mrs. V. M. Craven
Mrs. A. F. WEIGH returned Satur.
day from Bismarck Saturday, where
she is receiving medical treatment.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
FROM TOWNER COUNTY.
o. l.. DISCARD, Plaintiff and Appellant

Fred Lemke and B. w. Lemke, De.
PENDANTS and Respondents.
Syllabus: (f) Section G9OS, Con
piled Laws of 1913, which in effect
provides that a signature which is
forged or unauthorized is wholly in.
operative unless the party whose sig
nature has been forged, etc, lis pre-
cluded from setting up the forgery
or want of authority is construed
and held, that the word, "precluded,"
is used as synonymous with the word,
''estopped," and that it does not in
clude ratification or adoption in their
strict primary meaning, but only
when they involve some Of the ele.
ments of an estoppel.
(2) Furthermore, the issues franz
ed by the ple2dings are not sufficient.
ly' broad sttt Permit piafntiff to recover
on the theory of Justification or adOp-
ton except to the extent that one or
both involve some of the elements Of
an estoppel.
(3) The instructions to the jury
fully and correctly covered the issue
as to the alleged liability of defend
ant through. estoppelS by ratification
or adoption under Section sos, su-
pra. $50 ,:,,s.f,4,
| "a Certain rulings Oh the admis-
sion of evidence iexainined and held
correct or non.prejudicial WI
Appeal from the District Court of
Towner County; c. w. Buttz, J.
From judgment and order in de-
PENDANTS favor plaintiff appeals.
Affirmed. Opinion of the Court by
Fisk, C.. J.
Erich & Kelly of Lakota, Attor.
neys for. Plaintiff and Appellant.
Kehoe & Moseley of Cando, Attor-
neys for Defendants anu Respond.
ents
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
ONE DOSE RELIEVES
A COlD.,.N0 Qu|N|NE
"Pape's Cold Compound" Ends Bad
Colds or Grippe Ina
Few Hours.

Relief comes instantly.
A dose taken every two hours until
three doses are taken will end grippe
misery and break up severe cold,
either in the head, chest, body or
limbs.
1t promptly opens clogged-up nos.
trils and air passages in the head,
stops nasty discharge or nose run.
ming, relieves sick headache. dullness,
feverishness, sore throat, sncezing,
soreness and stiffness.
Don't stay stuifed-ur! Quit blowing
and snuffling! Ease your throbbing
head! Nothing else in the world gives
such prompt relief as "Pape's Cold
Compound" which costs only Is cents
at any drug store. It acts without
assistance, tastes nice, causes no in
convenience. Be sure you get the
gennine.-Adv.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
Qualifications Planned.
GASOLINE LAMP exPLOoES; MAN
HAS CLOSE CALL

Werner. N. D., Jan. ..7.-When a
gasoline lamp exploded in the Office
of the Star elevator, Manager J.
Mutchler was seriously burned and
saved himself from cremation by roll.
ing In q deep snow drift. The fire
following the explosion caused loss
Of $500.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
FROM EDDY. COUNTY.

- :. p KUN ,i6OOy NSONs '.
Jay j. Seymour, Plaintiff and Ap.
pellant; VS.. ast ,r
F. c. Davies, as Sheriff, Defendant
and Respondent.
Syllabus: Upon the aflidavits in
support of and controverting the
granting of new trial after verdict
for plaintiff it is held:
% Upon the record on trial an
issue of fact was presented sufficient
to require submission of the merits
Of the case to the jury.
(2) Under the issue presented on
the former trial the purported newly
discovered facts might have mater
tally affected the result.
60 The trial courts holding that
the purported facts amounted to new
ly discovered evidence will not be
disturbed under the conflict of fact
presented by the affidavits.
ca The defendant has shown SUI
ficient reason for not earlier discov-
ering the facts urged as the grounds
for new trial.
An appeal from an order Of the dis.
trict court of Eddy. county; Buttz. J.
Granting new trial..
Affirmed Opinion IN! Of the court by
s0Oss, ,J.ssF
James A. Manly of New Rockford.
attorney for appellant.
Maddux & Rinker, of New Rock
ford, attorneys for respondent
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
HellstrOm does not demand seat
on the alleged band wagon of the
democrats.
SUPREME COURT
FROM cAss COUNTY.


w. A. Martin, as Receive of the
American Biscuit Company, Of
Crookston. an insolvent corpora
ton, Plaintiff and Appellant.
Ole J. Augedahl, Defendant and Re.
spondent.
Syllabus: The receiver of a de.
funct Minnesota corporation brings
action against North Dakota stock
holder for superadded liability un.
der the Minnesota laws. No personal
service was had upon defendant. A
demurrer to the complaint was sus.
tanned. ,'-
"a The complaint shows that the
defunct corporation was organized
for manufacturing purposes and the
stockholders of such corporation
were, therefore, not liable for super
added liability. For the reasons stat
ed in the opinion the demurrer was
properly sustained.
Appeal from the district court of
Cass county; Pollock, J.
Affirmed. Opinion of the court by
Burke, J",>s5 nu1s ..ttis
w. J. Mayer, of Grand Forks, N. D..
and A. A.. Miller. of Crookston, Mimi,
attorneys, for; plaintiff and appellant.
A. w. Fowler and L. l.. Twichell, of
Fargo, attorneys for defendant and re.
spOndent.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
POST OvrICE MJIDDLE

Listen to this Mr.. lawn" Burke
from the Bowman Pioneer:
Another exhibition OF the public
be damned" policy OF the present ad-
ministration came to light last week,
when the daily press announced
among the nominations for postmas-
tiers, the name Of Lillian Totten as
postmistress at Bowman, N. D. This
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
GOVERNOR OF CANAL
ZONE TO ISSUE A
STATEMENT ON WORK

Panama. Jan. 17.-Major General
George w. GOethals. governor OF the
Canal Zone, is preparing to issue a
statement relative to the condition of
the Panama Canal, with special refer.
ence to the re0pening of the water.
way to light draft vessels at an early
date. The statement is expected to
be made public just before General
aGoethals starts for Washington on
January q, where he goes to appear
before congressional committees re.
garding the Panama Canal, Canal
troops. Notifications and appropria.
lions.
Fortifications Planned.
It is understood that fertilization.
for which appropriations are likely to
be made, will include forts on the
Taboga and Atoke islands, and also
on Minfeld and on the Pearl Islands.
The construction of a modern FORTH.
cation on the sight of the ancient
town of San Lorenzo at the mouth of
the Chagres river, also is understood
to be under consideration.
According to Canal engineers, con.
ditions at the Gaillard cut are most
encouraging, and it is expected that
the Canal at this point will be open
ed to smaller vessels within a few
weeks.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
TUESDAY. JANUARY 10, 1916.

% q q = 9 . { + = : 4 . -
Q WHERE THE TRIBUNE CAN 9
. Be BOUGHT. 9
1>1>e . : : : = : = e$>>
Fargo. E.. o.
Gardner Hotel.
Grand Forks, N. y.
Hotel Frederick. .
Devils Lake, N. D.
II, b. Rpsenburg, News agent.
C. j. b. hTdtnor. News agent.
Minot, N. o.
Naasop Bros.
,Ils; Dickinson, N. ..
W.T.. Charles Hotel. ~ A.
b 1Minnsapells, MINI.
| Kemp " Cohen. News agents.
Hotel Dycknnan. f a5 #A ...
Hotel Radisson. &..fa# .
~ st. Paul, Mlnns t
Merchants Hotel.
ct. Marie. Fifth st.. News agent
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
Forecast.

For North Dakota: Partly cloudy
and colder tonight; Tuesday unset
tied. ...-
ORRIS w. ROBERTS,
Section Director.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
LOCAL WEATHER BULLETIN.

For the "a hours ending at 700 p
H., Jan. II, 1916:
Temperature at 1900 a. N. ...... III
Temperature at 700 p. III. ..... Y
Highest temperature .........:. IL
Lowest temperature ........... d
PreciDitation Trace
Highest wind velocity .... 34-NW
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
Nl,T THE FIRST

The Center Republican is wrong
this week. North Dakota Is not the
first State this year to hold presi.
Dental primary. Minnesota and one
or two other States are ahead OF US
Four years ago this State was the
first to express a preference.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
! MAYER. Grand Forks. attorneys for
defendants and respondents.

| 7 MAYER. Grand Forks, attorneys for
defendants and respondents.
John F. Boyer, Plaintiff and Appel
lant VS..
The North American Coal and Mining
| Company, ct al, Defendants and
Respondents.
| Syllabus: Litigation connected
with % N. D. 452, 81 N. ID. -. 1873
N. w. AIS, and Boyer v. Robinson,
- N. D., 49,, n. w. & .
Just decided The facts are disclosed
in the opinions above cited. Lower
court sustained demurrer 10 COM
plant.
% Plaintiff had sufficient inter-
est to maintain the suit on account
of lis interest as a minority stock
holder and because he has another
action pending to impound the assets
! of the corporation.
(2) The complaint does not show
that the matter involved in this suit
has been already adjudicated.
60 The complaint shows an avail.
able defense to the foreclosure of the
mortgage held in trust by the de-
PENDANT.
"a The complaint shows sufi1'
cient excuse for the delay in bringing
the suit
| (5) The complaint shows the ex-
istence of fraud and collision suff-
cient to maintain the action.
co The complaint shows the abb
sence of an adequate legal remedy.
! Cd The complaint states a cause
of action with certainty aud parti'
cularity. 80 "n1'' -"
Appeal from the district court OF
Stark county; Crawford, GJai& -
Reversed Opinion Of the court by
Burke, ]. - 800,
NJ. A. Hildreth, of Fargo, attorney
for plaintiff and appellant.
Bangs, Netcher Il Hamilton and W.
J. Mayer, of Grand Forks. attorneys
for defendants and respondents.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
lust "a GUESS

This is the guess Of the Portland
Republican,
"Now Smith comes out In all SER
iousness, like Bull-MOoser and an
nounces himself for governor, expect
ing the Equity vote. Burdick comes
back like second Johnson. Frame.
too. thinks some votes will be spared
for him. We think the democrats
will stick together.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
THEY DISAGREE

primary ticket In Dig Dlack type ileh'
to the top of his editorial columns
It reads: For U. S. Senator John
Burke, for governor, DR.. Plateau OF
Valley City. For delegate to the Ma
| tional convention Hon. John L.
Cashel of Grafton" Now here will
be another instance where whole
bunch of the States unwashed VIII
disagree with Veteran Frank.
CAMPAIGN STATES
Three States--Iowa, South Dakota
and West YirginiaIz7:are to vote TINS
year upon proposed suffrage amend
ments. ,,ftHn 1uqI .4s
| In Iowa, the vote will be. taken on
the 5th of June, at the primaries
Iowa is State to which the suffrag-
lists have laid persistent siege; be.
ginning in 1892 with presidential
suffrage bill, and presenting resoIu'
lions for the submission OF constl'
tutional amendment in the }egisla'
lures of 1894, 1896, 1898, 1899, 1900
1902, 1904, 1906, 1907, 1909 and 1911
only to have them defeated in com
mittee or in one branch or the other
of the legislature, until, in 1913, they
persuaded the legislature to take fav'
orable action and last year secured
the sanction of q second legislature
In South Dakota, suffrage amend
ments have been four times submit
ted to the voters. The first time was
in 1890, when, after an active cam
paign and on full vote, the amend
ment was defeated: 22,972 for and As
| 682 against. In 1898, the question
was again submitted; and, on very
light vote the proposal was defeated
by a majority Of only 1926. Encour,
aged by this narrow margin against
them, the suffragists got the amend
ment again before the people in 1910
but were defeated by a majority al
most exactly the same as in 1890
the vote standing 1920 for and 81
7O9 against. In 1914, the vote stood
For, 39,6O5, against, 51,519, an adj
verse majority of 1874. The South
Dakota voters may well be weary o.
these persistent suffrage attacks; ant
if they want to settle the question sc
that it will stay settled, the way il
open to do it by registering heavy
majority against It.
In West Virginia, the propose
comes before the people for the frs
time, the ill-considered gallantry O
a single legislature being responsible
for it.
Anti-suhragists in the four grea
States which have just rejected
woman suffrage amendments shoult
feel special obligation to do every
thing in their power to assist in thu
defeat of like amendments in THU
years campaign States. In thes'
States, as in those that have JUS
voted, the aim to be kept in view i
the securing of the largest possible
majorities. It is only on light vot'
that suffrage has any chance of sue
cess.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18

antagonizing them will 20 far in de-
creasing delinquency and preventing
the development Of criminals.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
RURN .PEERAGEo

Lisbon Free Press: Burke's peer
age is to be tried out in June, II
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
FROM. FOSTER COUNTY.
John MasSer. Plaintiff and ReSnnnd

John Messer, Plaintiff and Respond
cnt .t5. !, VS.. o
Henry Brucning, Defendant and Ap
pellant. IS
Syllabus:.a
% Where a motion is not made
for directed verdict and the sufl.
cheney of the evidence to support the
verdict challenged by motion for q
new trial. the insufficiency of the
evidence to support the verdict can
not be. raised the first time on ap-
peal and by an alleged specification
of error to, that effect served with the
notice of appeal.
H (2yI Evidence examined and held
TO be sufficient to justify the verdict.
(3) Questions Of negligence and
of contributory negligence are pri.
marily for-the jury and not for the
court to pass upon .as
(D No error or abuse of discre-
ton is held to have been committed
by the trial court in his examination
of the defendant when a witness in
his own behalf.
90 A Judge presiding on trial
is. not mere moderator but has act.
i've duties to perform without partial.
ity in seeing that the truth is devel-
oped, and it is his duty in exercise
of sound discretion to elicit the evil
dence upon relevant and material
points involved in the case.
Appeal from the, district court of
Foster county; Coffey, J. Action to
recover damages. for personal in.
juries. Judgment for plaintiff. De.
PENDANT appeals.
Affirmed. Opinion of the Court by
Bruce, j. L9
c. B. Craven, of Darlington, attor.
ney for, defendant and appellant.
Edward p. Kelly, of Darlington, at.
torney for plaintiff and respondent.
FROM sARK COUNTY.
John F. Boyer, Plaintiff and Appel.
liant; vs..
Arthur B. Robinson. Administrator.
ct al, Defendants and Respondents.
Syllabus: appeal from an order
setting aside sale of land made af-
ter and supersedeas bond.
VIZ OuuOE " luStsfAdC III 20 Iulo Case
the giving Of -twenty.four hours no.
tice to the adverse party Of intention
to apply for an-,-Order fixing the
amount Of the supersedeas bond, is
not a jurisdictional requirement.
(2) The trial court had. upon due
notice, made . correction in its de-
cree in order to show the true de-
.scription Of .thesland to be sold. It is
apparent that the old decree as cor.
rected remained the binding judy
ment of the court from which the ap.
peal was taken and to supersede
which the bond was given. It fol.
lows that the judgment was properly
superseded the sale, thereafter
made, void, and the order of the trial
court setting it aside, proper.
Appeal from the district court of
Stark county; Crawford, J.
Affirmed. Opinion of the court by
Burke, J.
MA. 4Hildreth, Fargo, attorney for
plaintiff and appellant.
Bangs, Netcher & Hamilton and w.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
HOPES HE WINS
NIDBO AGAIN

After reading several recent polit-
ical announcements the Kenmare
Journal says:
Further relief will be added when
Herman Midbo losses in his lid"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-01-18
HAS BETTER JOB

II. N. Lynn, editor Of the Rhame
Review, Bowman county, declares
there is rot enough money in politics
to make it attractive Therefore he
will not be candidate for county
auditor.
The Parma herald. (Parma, Idaho) 1903-1917, 1916-02-10
ITEMS
OF INTEREST
Timely News Notes of
Happenings in Parma
and Vicinity.

Mr.. and Mrs. Cress spent Mon
day in Caldwell.
P. W. Case was over from Are
ma Valley Tuesday.
Roy Stewart left for Billings
Montana, Tuesday night.
Karl Boehringer, and Attorn-
Ieys Anderson and Hill were In
Caldwell Saturday on legal busl-
ness.
Mr.. f. E. Maxim and family
have moved to their new home.
They are living on the Cottier
ranch near Roswell.
The boys OF the high school
gave a party last Friday night,
lin the high school building. The
school rooms we're beautifully
decorated, and a very enjoyable
Eevening was spent.
The Parma herald. (Parma, Idaho) 1903-1917, 1916-02-10
BOISE VALLEY
RICH SECTION
Government Report Says
Choicest Lands in Idaho
Lie Under the Govern
ment Project.

The richest agricultural section of
Idaho lies in the valley Of Boise River in
the southwestern part of the state. Here
in is located the great Boise Goverpment
irrigation project, embracing 243, ,00o
acres Of exceptionally fertile land.
With an expenditure of nearly $l5, 900,
900 the Reclamation Service has con-
structed one Of the greatest irrigation
systems of the world, including the
Spectacular Arrowrock dam $50 feet high
Hundreds Of miles Of canals have beer
laid out through the valley, two enor'
nous reservoirs control the food dis
charge, and very prosperous commun'
iity of 1000 farm families are now occu
pying the irrigated farms.
The state Of Idaho owns approximate
/ ly $4,000 acres Of land under the system
which it has agreed to subdivide anc
sell at public auction. The State Lane
Commission at Boise is making a strong
bid for settlers in an announcement re
Gently issued of a public sale of nearly
| 800 farms on February 25. Under th'
terms Of sale purchasers will have A
years in which to pay, with interest a
6 percent. These farms include some 0
the choicest lands in the valley, locates
in the midst of a well settled agriculturr
al community. lnterurbap trolley sys
TENS connect the farming districts witt
the numerous cities and towns. eKcellen
schools have been established, and pic
neering stage is largely over.
The Parma herald. (Parma, Idaho) 1903-1917, 1916-02-10
Snow Nearly Gone.

The heavy snow OF last week is
rapidly disappearing without the
assistance OF a chinook. So far,
the sewers have been able to take
care Of the surplus water, and
there seems to be 80 prospect of
a food in Rarma. The water in
the Boise has risen considerably
and temporarily stopped work
on the bridge, but no damage
has been reported. There is very
little frost in the ground here,
and the most of the water is tax.
en- up by the soil The weather
ia mild, with occasional sain.
Two days more OF this weather
will leave the ground bare o.
snow.
The Parma herald. (Parma, Idaho) 1903-1917, 1916-02-10

The deep snow has given the people
of Aberdeen and vicinity an opportunity
to jump on the festive iackrabbit with
both feet and the hired girl Over two
thousand were killed in drive on Mon
day Of last week, and more than $500
on Wednesday, according to the Aber-
deem Times. Other drives were to fol-
low. Now, if half of those rabbits were
females, and each female produces Is
kittens year, you can readily zee that
the enterprising Aberdeenites have re-
duced the 1910 rabbit crop by some
455, ,000 Some rabbits,
The Parma herald. (Parma, Idaho) 1903-1917, 1916-02-10
NEW BILLIARD
HALL OPENS
Finely Appointed Parlors
Add to Popular Pastime
For Parma People.

Theo. Roeber and H. Jurries
havr opened a billiard parlor in
the Kirkpatrick block, next door
to the postoffice. The room is
finely fitted up, furniture and fix
lures being OF the best. Every
thing is first-class III every re
spect and will be conducted in
first class manner. Parma is for.
tunate to secure a place for this
kind Of social pleasure that will
compare favorahly with the best
of any city, and which will be
operated with strict regard to
law and morality. The parlors
we're obened Tuesday afternoon
with a free entertainment and
lunch, and everybody answered
roll call.
The Parma herald. (Parma, Idaho) 1903-1917, 1916-02-10
MIDvALE IN
FEAR OF ICE
AND FLOOD
Ice Jam in Weiser River
Four Miles Long and 20
Feet High Threatens to
Destroy Town.


A telephone message from Mid
vale Tuesday evening stated
that that town vas in great
danger Of being destroyed BY the
food {! 9i melting snow. An ice
jam four miles long has formed
in the river apd all attempe to
break it have resulted in failure.
Dynamite has been freely used
without effect. The. water has
been forced out OF the river bed
lby the jam, which is 20, feet high
in places. The P. & |, N. is
hopelessly out of commission for
|some time to come.
The Parma herald. (Parma, Idaho) 1903-1917, 1916-02-10
Organize Fire Fighters.

A movement is on foot TO or
gaDize a volunteer fire depart
ment and a meeting will be held
at Judge Kerrick's Office next
Tuesdry night to talk the mat
ter over and form the organiza-
tion if practicable. This is a
move in the right direction and
it is to be hoped that it will meet
with every encouragement.