The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-12-22
BECOMES INSTITUTION.

Tribune was the 1lrSt newspaper Ill
North Dakota to recognize the fact
that, radical or no, a peculiar news
value was attached to this innoation,
introduced perhaps for the first time
in America by justice of the SUI
prcme court. More than eighty years
old, with half lifetime spent in
North Dakota, Judge Robinson is in
himself a character compelling atten-
ton. His letters from their inaugur'
alton have appeared regularly only in
The Tribune. and they have been a
circulation builder They have been
copied and commented on by such
great international newspapers as
The Christian Science Monitor OF
Boston This week The Tribune re-
seived from Huntington, West Va, a
clipping commenting upon part Of one
of Judge RObinsOn's recent letters.
The editor of the West Virginia pa
per inQuiring desired a complete copy
Of this particular letter. This week
al attorney Of national prominence
Subscribed to the weekly edition Of
The Tribune that he might not miss
one OF Judge Ro5icsons letters From
Wisconsin comes a letter from sub
scriber who tells how he and his
family look forward eagerly each week
to Judge Robinsol's letter, and every
one OF them is clipped out and pasted
in the family Bible. a newspaper tru-
ly representative must be clearing
house for news and views, not merely
a reflector of editorial opinion And
The Tribune, whether it agrees with
all that Judge Robinson says or not,
has always found his letters worth
pu olishing
This week our court has passed
nearly two days in hearing spread
eagle talk Oh the constitutionality of
the trading stamp act. We have also
handed down decisions in several of
the old chronic cases and we hope to
dispose Of the remainder before the
New Year.
The law and grammar class are in
viled to read carefully the appended
opinion and to note well the construc-
iIDn and order of the sentences and
paragraphs. The first paragraph
gives 2 concise statement of the case:
The second states the evidence and
then comes the law, the argument and
the final clincher. While a sentence
is unit OF thought, paragraph is
unit of closely related thoughts or
sentences. In good prose composition
there is usually one, two or three par
agraphs on each page. TO the eye
and mind there is fOrbidding look
in a page of solid printing without
of Jonah and the whale consists of
-four short chapters which are really
paragraphs. The first tells how Jonah
was called to preach to the wicked
city of Nineveh. The second tells Of
his voyage in the belly of the whale.
The third tells of his preaching to
the people of the city and of their
repentance and forgiveness. The
fourth paragraph tells of Jonah and
his gourd, and 1t vindicates the ways
Of the Lord In having mercy on the
poor people of Nineveh.
You will note that in the following
opinion | dissent from the other
judges and claim that when a person
sells land he does not forfeit right
to recover the purchase price by a
false action or mere attempt to re-
A,Sfind, the sale. What think you of it ?
II KaIberg vs.. Newberry.
Robinson, j.: (Dissenting) In this
case the plaintiff seems to have been
in the distress of Esau when he sold
his birthright for a mess of .pottage
Ely taking advantage of his necessity
and distress, Cashier Newberry OBJ
tanned his signature to a paper con
scnting to the sale of his land at 81;
per acre. The next day he obtained
d deed OF the land and the next day
November 81, 1914, Newberry sold
the land to one Gunke at $3.50 pc,
acre. In the course of time he al
lowed the plaintiff $4,000 or $25 al
acre. The claim Of plaintiff is tina
Newberry was his creditor and bank
er and confidential advisor; that thu
deed to him was made in trust rely
ing on his promise to sell the lan(
and to pay plaintiff the entire pur
chase price, less the liens and mort
cages. The jury found verdict IL
favor of the plaintiff for $1,440, thu
balance due Oh his land at $3.50 al
acre. Contrary to the verdict tn,
court gave judgment for defendan
and the plaintiff appeals.
The verdict is well sustained by tn
positive evidence and by the fact!
and circumstances. The plaintiff wa:
largely indebted to Newberry or hi:
bank on IL per cent paper, and thu
cashier was pressing him for payment
Plaintiff testifies: In the early morn
ing when he was milking, Banker
Newberry came in his auto and wen
to the barn and said that he had {
! buyer for the land. He had a piece o
paper and wanted me to sign it.
said $25 an acre is too cheap. He
said whatever the land sells for af
ter paying the debts will be turned ov
er to you. | signed it. Next Saturday
saw Banker Newoerry at the banl
and he told me he wanted the deco
to the land. | asked him the price. He
would not tell me. signed the deed
and left it with him. He gave me nc
papers. In January he said he would
not settle until Ganske settled up. He
said he would not do anything before
TIE 18th day of March when Ganske
was to pay up. After March 18th,
had McCue go to the bank to- get a
settlement got no settlement
Newberry never paid me one penny"
The testimony of the plaintiff is
well supported by the facts and cir
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