davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
FROM CAVALIER COUNTY.

John Il. tBrlgnall, flallltlll anu Ne
spondent. VS.. -
David Hannah, William Turnbull, etal,
Defendants and Appellants.
Syllabus: D. Evidence examined
and it is held that the land in con-
troversy constitutes the bed or a
meandered lake and was covered with
water at the time of the government
survey Of the surrounding lands, and
that in making said survy the United
States government surveyors inten-
tionally and deliberately, and without
fraud or mistake, established the shore
lines by meander lines and Intention
ally separated and set apart as lake,
the land permanently covered by wa
ter from the land abutting thereon.
(2). The question whether certain
lands designated and meandered by a
government surveyor as a lake were
in fact dry. agricultural lands, ar
roneously or fraudulently omitted
from the survey is one properly de-
termined by the courts.
49,. As a general rule the meandel
lines run along the margin Of non
navigable lakes or ponds are not in
tended as boundary lines, but are run
for the purpose of determining the
quality of land for which the pur
chaser must pay.
"a. Whether the patentee OF the
United States land bounded on non
navigable lake belonging to the
United States, takes title to the ad-
joining submerged land is determined
by the law of the state where the
land lies.
(5). The rights of riparian owners
owners with respect to non-navigable
lakes and ponds in North Dakota rests
upon and are controlled by the rules
of the common law.
co. Under the comOn law the
owners of land, abutting upon mean.
dered, non-navigable lake own the
lake bed in severalty, their respec
tive titles extending to the center OF
til lax.
From Judgment of the district
court of Cavalier county. Cooley
special Judge. Defendants, William
Turnbull, Levi Bell, George Bell, and
Samuel Conner, appeal.
Affirmed.
Joseph Cleary. Of Wiliston, and
Crimson and Johnson of Langdon, at
torneys for appellants.
w. A. Mcintyre, Of Grand Forks
Watson & Young and Horace G.
Young, of Fargo, attorneys for re.
SDOuQentS. ....... , ...
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
SAVING TIME.

Many cities have night police
courts, devoted chiefly to handling
drunk and disorderly" cases. Cleve-
land has introduced a night civil court
for the purpose Of disposing of small
civil suits at time when the attend
ance of the principals and witnesses
will not interfere with their employ
ment. The experiment has had sucil
admirable results that several cities,
including New York, are contemplat'
ing it's introduction.
This institution. excellent as 1t evil
IDENTIFY is, should be regarded as only
a step in the direction Of a general
reform. There is an enormous amount
of time wasted in American courts.
Not only are cases tried and retired
unnecessarily, but in connection with
nearly every. THAI there is ineXcus-
able delay in impanelng the jury.
hearing the evidence, making the ar
guments, etc. 1t is tedious to every
body concerned. 1t is wasteful OF the
time and money of the ltisants and
witnesses and costly to the taX-pay-
ing public.
There ought to be more night
courts for the convenience of an
classes of citizens. And there ought
to be reform wave of promptness
and efficiency throughout the whole
realm of court procedure.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

under. the. laws Of the state, or there
must be some positive act or acts on
the part of the proper public author
tiles clearly imanifesting an intent to
accept such grant with respect to the
particular highway in question.
From judgment of the district
court of Griggs County Coffey, J..
Plaintiff appeals.
Reversed. Opinion of the court by
Christensen, J. Lee Coombs and l..
S. E. Richie, Valley City, Attorneys
for Appellant. Benjamin Tufte,
Cooperstown, Attorney for Respond
ent,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

ment will be to make every farm own
er feel richer. And the owner will
be Justified in certain amount OF
INSTRUMENTATION. 1t should be rec
ognized, however, that much of this
increase is illusory. The land is worth
more dollars, but those dollars will
not buy so much. Values in general
are rising-which is to say, the value
of the dollar is sinking.
The only reason the farm owner
has for rejoicing is that his land has
really been going up little faster
than money has been going down
If he sells his farm today he can real
" get for the proceeds more Of the
necessaries and Injuries of life than
he could have got ten or fifteen years
ago for what the farm would have
brought then.
The man who profits most, how
ever, is the farmer with a mortgage.
This is a truth that has been given
little attention. While prices are ris-
ing-and money depreciatng-the
long-term debtor doesn't pay back as
much as he borrowed. because the
sum he pays back will not buy, now,
what it bought when he borrowed it.
Tins if q farm is carried on borrow.
ed money, an added land value of 6
or per cent year will nearly take
care of the interest, and the debtor
makes sort of profit by paying the
principal with cheaper money.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
A GOOD CONTRACT.

The famous contract of Hart
Schaffner and Marx with their EN-
ployes has been renewed for another
three years. Wages will be raised a
total of $1,500.000. and the working
week will be reduced from 80 hours to
40.
This contract was highly commend
ed by the federal commission on in
dustria relations. Among its most in
teresting provisions is that for a pref
erential shop. In hiring workers mem
bers of the union are given the pref
erence, but when no good union work
ers are available, the company may
recruit its force from non-unonists
Except in the busiest seasons it is a
closed shop. There is minimum
wage arrangement. No one may be
dismissed without cause. No new
working conditions may be i'm
posed without an agreement between
the union and the company. There
is a permanent arbitration board. In
apportioning the increase of wages
the lowest paid workers are to get
the greatest raise.
But, best of all, is the statement of
Joseph Shaffner of the firm: 1--WE
have reached this settlement without
an unkind word. We simply reasoned
together and worked out satisfac.
tory solution. l cannot say too much
for the wonderful genius, Sidney Hill
man, who is at the head of the
union"
With this spirit on both sides, no
wonder this is considered a model in.
dustrial contract.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
From Bottjneau County,

D. S. B. Johnston Land Company
a corporation, RelatOr, Appellant, VS..
H. D. Convis, as Treasurer of Both
neau County, North Dakota, Respond
ent.
Syllabus: Mandamus to compel the
county treasurer to issue tax receipts
pursuant to compromise Of taxes
on several hundred tracts made by
relator and the board of county com
missiorers of Bottineau County by
resolution of said board. The county
treasurer refused to comply with the
order of the board and accept less
than the full amount of taxes due.
Held:
az The record of official pro-
ceedings of the board of county com
missioners not showing affirmatively
any valid ground for a compromise
settlement of said taxes, the county
treasurer who is bound by law to col
lect the full amount of taxes due ex'
cepting where a valid compromise is
made by the board of county COM
missioners, had the right to refuse
to comply with the purported com
promise settlement and to require re.
lator to establish by action a valid
basis and cause therefor.
(2) Upon the moving papers no
valid cause for compromise being
shown, this proceeding in mandamus
is dismissed.
CD Neither the moving papers nor
the commissioners proceeding de-
scribe the tracts upon which com.
promise of taxes was sought to be
made and as the issuance of tax re.
ceipts on certain specific tracts are
asked to be compelled, relief by man.
damus could not be granted, if other,
wise proper, as any judgment to be
entered against the treasurer must be
definite and certain as to subject mat,
ter.
From a judgment of the District
Court of Bottinean County dismissing
this proceeding, futtz, Acting Judge,
Relator appeals.
AFFIRMED. Opinion of the Court
by Goss, j.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

r. c. Morton and W. E. Mohr. of
Lansford, Attorneys for Relator.
Lawrence & Murphy, of Fargo, OF
Counsel)
Bowen & Adams, of Bottineau, At
torneys for Respondent Treasurer.
Carl ]. Swanstrom, Plaintiff and
Respondent, VS.. Minneapolis, st. Paul
& sault Ste. Marie Railway Company,
Defendant and Appellant.
Syllabus: CD In an action to re-
cover damages for the destruction by
fire of a grove Of trees, which fire
was negligently caused by sparks
from defendants locomotive, the spe-
cifications of error merely challenge
the correctness of the trial courts Or
der denying defendants motion for
new trial The sole ground of such
motion was that the damages award
ed by the jury are excessive and ap-
pear 20 have been given under the
influence of passion and prejudice.
Evidence examined and held that
the specifications are without merit.
(2) In determining whether the
verdict was the result of passion and
prejudice it is not the province of
this court to weigh the evidence fur
Their than to satisfy itself. as mat
ter of law. whether the jury must have
been thus actuated in assessing the
damages. and unless the verdict is
so grossly and palpably excessive as
to shock the moral sense of justice
and to raise reasonable presumption
that the jury must have been influenc-
ed by passion or prejudice, an ap-
pellate court will not interfere.
Appeal from the district court of
Bottinau County: A. G. Burr, j.
From a judgment in plaintiffs favor
and from all order denying defend
ants motion for new trial, the lat
ter appeals.
FFiRMED. Opinion of the Court
by Fisk, C. j. Christianson, j., being
disqualified, did not participate, Hon.
w. l.. Nuessle, Judge of Sixth Judi
cial District, sitting in his stead.
John E. Greene and Palda. Asker :
Greene, Minot, n. d. \Alfred H. Bright
and John l.. Erdall, Minneapolis,
Mimi, of CounseD Attorneys for De-
PENDANT and Appellant.
Bowen & Adams, Of Hcttineau, At
! torneys for Plaintiff and Respondent.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

The bureau of mediation and arbi-
tration figures that the workingmen
of New York state lost 1900 years
of renunerative employment in 1915
through strikes and lockouts. That
is, it would keep one man hustling for
1900 years to make up the lost time.
How would you like to be that man ?
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
LUCKY MoRreAeeo FARMS.

The department of agriculture an
nounces that the average value OF
farm lands in the United States has
been increasing at the rate of about
5 per cent annually for several years,
and the increase last year was no
less than 10 per cent.
The FIRST effect of this announce
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

Archie Roosevelt has gone to work
in a carpet factory for IS week, to
learn the business. Inasmuch as Col
Roosevelt recently pledged the whole
damily to military service, it seems
odd that Arch didn't either join the
army or go into a munition factory.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
and Bull Run

"The British were luckier at kut'
el-Amara than we thought They lost
four generals New York World.
But alas! They didn't lose any
members of the general staff.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
FROM ADAMS COUNTY.
ld-Stabeck Loan G. Credit Company
Plaintiff and Appellant.


Plaintiff and Appellant.
vs..
L. r. Kinney, as Trustee in Bankrupt
'cy,1 OF" N. E. Bailey, ct al, Defend
ants and Respondents.
Syllabus: CD. A mortgage made by
a resident OF Wisconsin to resident
of Minnesota and to secure a debt
which is payable in Minnesota, is as
far as the defense Of usury is concern
ed, governed by the laws of Minneso-
ia even though the land is situated in
North Dakota.
(2). The test of usury under the
laws of Minnesota is will the contract
if performed, result in producing to
the lender a rate of interest greater
than is allowed by law anu was that
result intended"
90. When under the laws of Min
nesota IAN agreement eXacts from
the borrower bonus to be paid to
the lender for making the loan,
that bonus, on the question of usury
must betaEen out as OF the date when
it is to be paid by the terms of the
agreement. If payable at the time
Of advancing the loan. it is for the
purpose Of determining what rate Of
interest the agreement reserves to
the lender, to be deducted as of that
date from the amount of the loan
nominally agreed upon, and the COM
putations of interest made on the re-
mainder. 4. .,. ....
ca. Contract. of mortgage loan ex-
amined and held to be usurious and
therefore void under Sections 1888
and 27S5 Revised Laws of Minnesota.
60. In order to avoid contract
under the laws Of Minnesota it is not
necessary that there should be proof
of an actual intent to evade the u.s.
ury laws but the rule may be applied
that one is presumed to intend the
necessary consequences of his acts.
co.. Though usury is usually a
personal defense and can only De
pleaded by the borrower or one in
privity with him yet the purchaser
Of property charged with usurious
lien, who pays his grantor the full
purchase price without deducting
three from the amount of said lien or
in any way assuming its payment,
may interpose the defense of usury in
an action to enforce such lien, and
in such case will be deemed to stand
in privity of contract and estate with
the mortgagor.
ca. When a person against whom
judgment is illegally though not
fraudulently obtained for the foreclos-
:ure of land of which he has the pos.
session and who has an opportunity
to move for. vacation of the judg-
ment or to appeal writes to his agents
to pay the claim stating that he is
"desirous of taking no chances as to
the determination of his rights and
there is no proof either of mis-
take of law or of fact in his part and
the only duress is the threatened
mortgage sale, such payment will be
deemed voluntary and cannot be re-
covered
Action to quiet title to land.
Appeal from the District Court Of
Adams County. w. G. Crawford, J..
Judgment for Defendants.
Henry Moen, Of Hettinger, North
Dakota, and w. A. Mcdowell of Min.
neapolis, Minnesota, Attorneys for
Plaintiff and Appellant
E. G.. Wilson and Boehm & Jack
son. of 'Hettinger, North Dakota. and
Awkward, Davies, Olbrich & Hill, of
Madison Wisconsin, Attorneys for
Defendants and Respondents.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

The Irish revolutiOnists, it appears
were merely celebrating Easter. That
explains their failure. If they had
only been celebrating the Battle OF
the Boyne or something like that!
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

There seems to be a pronounced
Sim Fem movement in Greece. too
just now.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
FROM GRjcGS COUNTY.

Hans H. Koloen, Plaintiff and Appel
liant, VS..
Pilot Mound Township, a public cor
poration, ct al, Defendants and Re.
spondents.
Syllabus: In order to constitute an
acceptance of the Congressional grant
of right of way for public highways
across public lands there must be
either used by the public for such
period of time and under such con-
ditions as to establish highway
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
SATURDAY, MAY 6, 1916.

4 Q q q q q q q q . . I1o1
: WHERE The Ta'5Ohe CAN =:
{: BE BOUGHT.
q q 80 Q = q = = . ><>>
Fargo, N. o.
Gardner Hotel.
Grand Forks, N. D.
Hotel Frederick.
Devils Lake, N. o.
H. B. Rosenberg, News Agent.
c. ]. B. Turner, News Agent.
Minot, N. ..
Lansen Bros.
Dickinson, N. ..
St. Charles Hotel.
Minneapolis, MINI.
Kemp & Cohen, News Agents.
Hotel Dyckman.
Hotel Radisson. ...... .,..
j. !. ~ 4 St. Paul, MINI. .,.
Merchants Hotel.
st. Marie, Fifth st., News News
AGENT "" +" 3 ''....,- - {
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

r. c. Morton and w. E. Mohr. of
Lansford, Attorneys for Relator.
Lawrence & Murphy, Of Fargo, of
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

Extensive improvements are being
made in the corner stone at Wlmble'
don.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

Rev. Johnson of Stanley received
word from his son. who resides in
Canada, stated that he has enlisted in
the Canadian army for service in the
European conflict. He says it is
doubtful. however, if he will see &C.
tive service at the front as it requires
six months of training before he will
be sent across.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

The Great Northern dam in the
coulee at Des Laos came near going
out owing to the high water from the
melting snow and it was only by dint
Of hard work with large force of
men working throughout whole
night that the dam and water were
saved and other damage averted.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

TIL" Nome Tribune says: It's
fact that we never set the world
ablaze with our editorial genius, but
we are a deal too diplomatic to name
the prettiest baby, the most beautiful
woman or the smartest man in town.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

Work has commenced on the ex.
cavation for the basement and founda.
ton of the new Reyleck block at Graf
ton. Unless the weather turns warm
rapidly considerable blasting will have
to be Gone to complete the work
The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-08-31
RIVER MYSTERY
is EXPLAINED
How the Niger Resisted Explorations
for Years is Interesting
Chapter.

The Niger is the third greatest
river in Africa and the eleventh in
rank In the world. How did it hap
pen that for generations no one knew
the place and the manner Of it's juno
ton with the Atlantic? The problem
was really hard nut to crack, though
with our present methods of African
exploration and our knowledge of how
to live in the deadly climate Of the
delta, the mystery would probably
have been solved in a few months.
The Niger delta, one of the largest in
the world, stretches $50 miles along
the coast. Most Of its streams are
small; and, skirting the coast, one
can hardly observe them, 80 complete
ly are they hidden in the dense re-
gion Of mangrove swamps. Explor-
ers soon found that they might
struggle for weeks up stream only
to prove It a blind alley; for a
popularity Of the Niger IS that not a
few Independent rivers form between
the delta branches and have no con-
Dection with the Niger itself. Most
The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-08-31
OF INTEREST TO WOMEN

fathers friend" the Hon. d. F. Miller
and to Mrs. T. r. J. Ayres who was
Mrs. Pollard's sister. Seldom in any
book do you find so much local his
tory as there are several verses dedi-
Gated to various events. One of
these Is parting song written for
the class Of 1872 Of the Keokuk high
school
An illustration of the effect which
Warden J. C. Sanders methods have
on the men at the state prison &C.
CURED recently. Early this month a
mans sentence Of eighteen years
came to 4 close and he refused to
leave for several days because there
wasn't anyone to take his place in
charge of the chickens at the prison.
Warden Sanders had given him the
care of the chickens. and he had
studied the problem Of chicken rails
Ing until 1t was to him a science.
When it came time for him to 20 he
asked who was going to take his
work In the poultry yard and War
den Sanders said, IT don't know;
We'll find somebody" and the man
said, But who are you going to get?"
When they came to look about there
really wasn't anybody available who
knew anything specially about chick
ems and the man said, We'll, I'll Just
stay until we do find somebody or I
can train somebody and so he
actually stayed until he felt there was
somebody who could carry on his
work. That man was surely what
Warden Sanders calls cured"
A real American institution is
passing and most Of the PEOPLE who
live in the towns are unconscious of
It and that it is the passing of the
district school, At the present rate
OF school consolidation, in ten years
there will be no district schools and
In twenty years there will be only a
memory. The names Hazel Dell and
Fairview and Oak Hall and Foul Cor
ners will mean nothing to the next
generation, but to those who went to
the district school the words mean
more than mere names of a little
school house.
Not great while ago we met a
woman who had known Ebert Hub.
bard from his boyhood in Buffalo and
Who knew his first wife ard his sec
oAu Wue ALICE, VINO shared MS fate
in the sinking Titanic She said Ell
bert Hubbard had been the first man
to manufacture Larkin soap. His
first wife's maiden name was Larkin
and some of her family became part
ners with Gilbert Hubbard and finally
bought the factory and so gave it it's
present name.
While he wrote a great many
things which people with a standard
Of morals and ethics, could not sub.
scribe to, yet very few magazine
writer's have to their credit more
Quotable lines. AS for example, "Edu.
cation is not the result of a course
Of study but of a course Of expert
ence;;" "A bad compromise is better
than a good lawsuit" I'VE reason
from our heads, but act from our
hearts," "a mans religion is often
in his wffe's name;;" 'The secret of
good writing is to know what to
leave OUT" righteousness is a form
of common sense and wickedness is
only a mistake
The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-08-31

first Am erican woman to gradu-
rom an institution Of university
and name, was an Iowa woman,
Fitzpatrick, who was graduated
the Iowa Wesleyan university
Pleasant in 1854. Oberlin col
had graduated woman at an
q date. being the first institu-
Of college rank AMI name to
ate a woman in this country.
lndreds OF women q. few years
hsed to travel in Europe without
6sport. II some man III the party
passport the women could get
having no difficulty in crossing
frontier unless 1t was the border
ussia. Recently q Keokuk woman
application for a passport to
% England and the number of
tions she had to answer in her
ication, seemed legion beside hav-
TO send three pictures of herself.
neutral nations are encouraging
women-folks to stay at home
days.
waking Of the difiiculty of enter
Russia, did you ever hear that q
lux man was once put out Of
y and to this day he doesn't
why. He bought ticket to
INV which is some little distance
IS the frontier. and had a pass
properly signed which had
led him In his trip through Europe
over into Asia. He presented
his ticket and his passport to
railroad guard, who looked at him
good deal of suspicion and adj
Ssed him in the Russian language
Sellished with many gestures, but
Keokuk man couldn't even under
I'D the gestures. The guard finally
the compartment, but returned
ttly with another Official who
Jed with even greater fierceness
)he innocent Keokuk Presbyterian.
J long distance between stations
Russia, but finally after several
IS the train stopped at a little sta
and the guard opened the door
The compartment and motioned to
Keokuk man to get OF which he
and was greeted'by gendarme.
bsed in all the grandeur of Rus
official and with a sword at his
which clanked at every step in
bay which tended to make the hair
If the passenger had had hair on
| top Of his head. He was motioned
de the little station and the gen.
h marched back and forth, clank-
at every step. The. passenger
afraid even to smoke, but finally
got up courage to light his pipe
that helped some. Late in the
|rnoon a train west-bound stopped
the station and the man was put
ard and out of Russia and to this
he doesn't know what it was all
ut.
lot many people know that in
IA there is raised the finest gold