davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
SUPREME COURT
From stutsman County.

=. Charles Cowan, Plaintiff and appel
liant. VS.. Minneapolis, st. Paul, ETC.
Ry. Co., Defendants and respondents
Syllabus: I. In an action for personal
injuries, under the ''last clear chance"
doctrine! wilfuH negligence is the fail
ure to, exercise ordinary care after
discovering a person to be in position
Of peril. .x..
2. In such action, where the conduc-
tor OF the defendant received notice
that a person was lying under some
cars Of the defendant to be moved and
thereafter sigllalled for the movement
Of the same, to the injury Of such per-
son, the question Of whether such per-
son was then discovered is a question
OF fact for the jury.
g. III such action, it is held that
where, upon special interrOsatOry
submitted to the jury, It is found tina:
tie conductor Of the defendant did
not know that the plaintiff was pros
t,ate upon the rail Of the house track
of the defendant when he signalled the
engineer to move the cars over the
pace where plaintiff was, and where.
in the evidence, the issuable fact is
presented that the plaintiff at the time
was- lying, not PROSTATE upon such
rail, but under the cars beside such
track, sufficiently. to justify ii finding
in tliat regard upon the general YER
dict rendered for the plaintiff tile
'firding upon such special interrogatory
is not necessarily inconsistent with,
and does not control, the general YER
dict rendered, and particularly so,
where the jury, as in this case. ap-
rreciated the issuable facts involved
in the general verdict, by requesting
of the trial court, after retiring, further
instructions.
. Action for Personal Injuries: Dis.
trict Court. Stutsman County.
Nuessle, j.. From order and judg.
.lnent granted Notwithstanding the YER
dict in favor of plaintiff, plaintiff APP
peals. ~ ~.
g Reversed and new trial ortlered.t
. Opinion Of tile Court by, BVilsoll,
y. Grace, y. concurs iii the result
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
A PROCLAMATION

Whereas, 1t is the custom of our
people to plant trees and shrubbery
about their homes, which adds much
to the beauty Of the landscape and is
also of great use and protection to
mankind, and further creates herit-
age for future generations that all
may enjoy, and
Whereas: Our statutes provide for
the designation Of day which shall
have for it's chief purpose the planting
of trees. and on which special instruc.
tion regarding tree and plant life
shall be given in the schools, and
Whereas, Birds are always found
where trees abound, and it is of i'm.
portance to our trees and crops that
birds be encouraged to make their
homes in our midst to destroy insect
life, as we'll as to cheer and brighten
life's way, and
Whereas, The great war is now over
and has left thousands of sad hearts
and homes because of loved ones who
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25

The undivided one-half of the east
half of the northwest. quarter and the
undivided one-haf of lots one and two
of section eighteen (l8) in township
one hundred and forty7three (143)
north, of range eighty (80), west of
the fifth principal meridian in Nc
Lean county, North Dakota.
The sale will be made on or after
the goth day of May, A. D. 1919.
All bids must be in writing and may
be left at the office of Geo. NJ. Regis
ter in the City of Bismarck, Burleigh
County, North Dakota, or filed with
the Judge of said County Court, or de-
livered to the undersigned personally,
at Washburn, North Dakota.
AUGUST E. JOHNSON,
Administrator Of the estate of
Robert H. Treacy, otherwise
known as R. H. Treacy, Deceased.
Dated April Oath, A. D. 1919.
(4-25; 5-2-9-16) -
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
mccAeE METHODIST NOTES

Rev. l.. K. Billingsby of Des MOines,
Iowa was visitor in town yesterday.
Miss c. Cross of Quessus,. Africa,
will speak in the Methodist Episcopal
church on Thursday evening, May l.
Miss Cross left this state in 1913 and
has spent over five years of her, life
in Africa under the direction Of the
w. F. N. s. and now returns for q
brief period to tell the story of the
Conquests Of the Cross. 4 n
The centenary movement is going
ahead The local church wilt put. on
its drive in a few days. Much prep.
aration has been made. Much time
been spent in laying deep the folinda.
lions for the success of the enter.
prise. On May 4 all will be ready.
The folks Of the McCabe church both
women and men are known ADr their
ability to bring things to pass;S and
although the amount to be raised may
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
Pigeon Post of 1870
Carried Filmed Mail

. N. e. A. Special to The Tribune.
London, April 25.-They're talking
Of photographing air mail for trans
portation tiat greater volume may
be carried. Engagements would be
made Of the receiving end for the per-
sons addressed.
Which recalls similar air mail
stunt pulled way back in 1870. Only
then the carriers were pigeons instead
Of planes.
1t was during the siege of Paris.
The photographs were on thin films of
collodion, each carrying $500 mess
ages. A dozen @ fthese films, or go
900 messages were carried by one
pigeon.
Today 900 tons of letters viii travel
as six tons of film in the modern
airplane.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25

will not return, and since fitting mem
orial should be established
Now, Therefore. I, Lynn j. Frazier,
governor OF North Dakota, do hereby
set aside and proclaim Friday, the End
Day Of May, 1919,
ARBOR DAY
and urge that the people Of every com.
mufity in North Dakota plant a Vic
tory Elm, or other appropriate tree as
a memorial to the triumph of Ameri.
can arms, and to perpetuate the mem.
cries Of those who participated in the
war of democracy and gave their all
that others might live
Given under my hand the great seal
of the state Of North Dakota at the
capitol at Bismarck this oath day OF
April, A. D. 1919.
LYNN j: FRAZIER,
Governor.
By the Governor:
THOMAS HALL,
Secretary of State.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
SALE OF LAND

NOTICE is HEREBY GIVEN, That
under authority of an Order of Sale
granted by the Honorable l. C. Davies;
Judge of the County Court Of the
County of Burleigh, in the State Of
North Dakota, dated the 10Th day of
March. A. D., 1919, the undersigned.
the administrator of the estate of
Robert H. Treacy, otherwise known as
Il. H. Treacy, late of the City Of Bis
Ilarck in the County of Burleigh and
State Of North Dakota, Deceased, will
sell at private sale to the highest bid
der, for cash, subject to confirmation
by the Judge of said County Court,
the following described lands, to-wi.:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25

Knauf 4 Knauf, Attorneys for Plain.
tiff and appellant.
$. r. Ellsworth. Lee Combs. and
John L. Erdal, Attorneys for Defen-
d&nt, and respondent.
From Ward County.
Jesse Watson Plaintiff and RespOn-
dent, V. Edward Nelson, Defendant and
uErellant.'/
Syllabus: TIL
a. Certain instructions of the trial
court examined. Held they do not
Contain prejudicial, reversible error.
(2) The defendant having lost GER
tain personal property by fire which
loss was caused by the defendant neg
ligently setting on fire certain straw
stacks on his premises from which the
fire spread and consumed and destroy
ed plaintiffs property. Held the de-
fendaNt is a competent witness as to
the value of his own property without
showing any further qualification than
ownership that though part of his
testimony was incompetent, it remains
in the record unless proper objection
is made and sustained to it's receip-
ton, or unless stricken out upon: 4
pr oper motion. ~
(3) Held. further, that there Is com
potent evidence in the record aside
from the incompetent Testimony admit
TED. to sustaills the verdict of the jury
Appeal from the District Court Of
Ward County, X. Il. Leighton, Judge.
Affirmed:
= Opinion of tic court bN. Grace, !.
Pald:l/Aaukcr n Green, Millot. North
Dakota, Attorneys for Plaintiff and re-
sl,ondent. sr.s - :.
; Bradford 4 Nash. Minot. North Da.
kcta. Attorneys for Defendant and ap.
pellant. ...r. ..
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
GRIP, INFLUENZA
60nsoln's Wizard OIL q Reliable,
AntDSOptle Preventive

During influenza epidcmics spray
che nose and throat several times =.
day with one part Wizard Oil and
two parts water, using, an atomizer.
If you haven't an atomizer, gargle
the throat and snuff the mixture up
the nose. This treatment sets up an
antiseptic wall OF defense against
"Flu" germs.
Chest colds and sore throat lead
TO grip. Stop them at once with
Wizard Oil before they can develop
into dangerous influenza.
Get it from druggists for SOC. II
not satisfied, return the bottle and
get your money back
Ever constipated or have sick head
Schc? Just try Wizard Liver Whips.
pleasant little pink pills, Soc at DRUG.
gists. Guaranteed
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
ATTENDS. LIBRARY OPENING

Mrs. Minnie C. Budlong, the secre-
tary of the North Dakota Library
commission left this morning on No.
for Jamestown, where she will at
tend appropriate exercises-in connec-
ton with the occupance Of the fine new
Alfred Dickey public library at that
place, to be held this evening at 8
o'clock. .. ....A
At the opening of the library few
weeks ago there was no formal cere-
mony or exercises, and the program
this evening will consist of music and
short addresses. The new building is
ings in this part Of the northwest, and
the people Of jamestown are justly
proud of it,. ~. MI .. -.. j
The donors, Alfred Dickey, ST., and
his son, Alfred Dickey, Jr., both de-
ceased, were residents of jamestown,
and for this reason the program to be
held at the library there tonight. is
of especial interest. 1t is also inter
esting to note that that this is he
first library organized under the state
library commission, and the manage
ment is gratified at the showing made
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25

Notice is hereby given, that under
authority of An order of sale granted
by the Hon. B. w. Shaw, judge OF the
county court of Morton county. North
Dakota, acting by request of the coun
~ court of Burleigh county, state of
North Dakota, dated the 25th day Of
April, A. D. 1919, the undersigned. the
administrator of the estate of Andrew
Hagen, late of the Township Of Hay
Creek, in the county of Burleigh and
state Of North Dakota deceased, will
sell at private sale to the highest bid
der for cash, or one-third cash. one.
third due in one year and one-third
due in two years, with interest at le-
gal rate payable annually, and the I'M.
paid purchase price to be secured by
a first mortgage upon the land sold,
subject to the confirmation of the
Judge of the county court. the follow
ing described land in Burleigh coun-
", towit:
The Southeast Quarter (sE 1.4) of
Section Six 60. Township One Hun
dred Thirty-nine Q39) North, of
Range Eighty 500. subject to mort
gage of $4,000 with interest.
The East Half of the Northwest
Quarter (E IL NV 1.4) of Section
Fourteen 40, Township One Hundred
Thirty-nine $3.50, North, Of Range
Eighty-one (SD. That said sale will
be made on or after the 9Th day Of
May, 1919. u.s.
All bids must be in writing and may
be left at the City National Bank, Bis
marck, North Dakota, or filed with
the Judge Of the said county court. or
delivered to the undersigned person
ally
Dated April 25th, 1919.
BRADLEY C. MARKS.
Administrator of the Estate of
Andrew Hagen, deceased
Newton, Dullam & Young.
Attorneys for Administrator.
Bismarck, North Dakota.
-, 4-25: g.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
SAYS HE'S PAID
IN WAR SERVICE FOR CRIMES

fought in the South African war under
another name and has by his service
paid for his mtsdeeds. Z
Dan and his brother Ned and two
other desperadoes terrorized tie Dor.
der land for years. Ned wore suit
of homespun armOr and was known as
the ironclad bushranger. He was
wounded. captured, thied, convicted
and hanged. .-s
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
REOPEN RACING
TX IN r r. A N C E
sia ~ e. NJ. 1H,ERRY.
I. e. A.. Staff Correspondent.

Paris. April 25.-Racing, the most
popular sport in France, is to be re.
sumed for the first time since 1914
with meeting of :Saint.Sloud, May s,
Other meetings will be held on the
courses at Maisons-Lafitte, Long
champ, ,Auteuil and LIE Tremblay. The
.Chantilly track was so badly damaged
BY its use as j military camp that
no races can be run there this year.
Work of restoring other tracks is in
progress. The Grand Prix de Paris
Frences Kentucky Derby"--will be
run at Longchamp June 20.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25

is a graduate of the Wisconsin agri.
cultural college, has masters degree
from Harvard, and a doctors degree
from the University of Chicago, and
he has travelled extensively in tine
United States and in Canada studying
the, work at the different experiment
stations. During the war Mr.. Walster
was assistant district educational di.
rector for the students army training
corps for the seventh district. =
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
AN INTERESTING DISCOVERY

- s 1 ~
After the workers in the revival
meeting OF. the Evangelical church
had arrived sand opened the campaign
Rev. Strutz, the pastor discovered that
DR.. Morrison, one Of the speakers
was the son Of. an old parishi0ner of
his. in South Dakota. DR.. Morrison's
parents became members Of the Evan.
gelical> church late in their lives, and
Rev. Mr.. Strutz was for a time their
pastor. ,.- 49, .l.s -
The meetings are increasing in in.
terest and attendance. Several per
sons have announced themselves as
seekers for the victory life. Rev. Mr..
Taylor delivered searching address
last night on "Sin in Ones Intentions
and Attitude" DR.. Morrison: breaches
tonight on The Highest Quest"
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
FARM HINTS
TREAT SEED POTATOES.

All seed potatoes should be treat
ed with corrosive sublimate (mercury
ounce to Z gallons of wa
ter. Ueave in solution l IL to 2
hours.) This is poisonous so keep
from stock. Before treating cut off
thin slice on the stem end (where po.
tato was attached to root) if a brown
ring is found the potaoto is diseased
and should not be used for seed. Elk.
tension Div n. D. Ayr, College
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25

seem large one, it is only small
portion Of the one hundred and five
million dollars the entire church will
raise during the next five years. The
plan of: the drive viii be announced
on Sunday. ~ L,,-D
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
.CAPR0NI WILL !.
81 CROSS IN 20.
Italian Building 2400-
H. P. Plane for Trip .
N. e. A. Special to The Tribune.

Rome. April 25.-Caproni. Italy's
builder, Of airplanes, will make no at.
tempt to cross the Atlantic this year,
it is said, but will cross from Ireland
to Newfoundland next year in a new
machine he is building. Caproni is a
believer in big planes and he is build.
ing one four times as large Us his
present greatest, which is a 0O.horse-
power triplane
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
SOILS AND CROPS MAN.

Mr.. H. l.. Walster of the Wisconsin
Agricultural college took up his du-
ties as chairman Of the department Of
agronomy in the North Dakota agri-
cultural college and agronomist in the
North Dakota experiment station Ap.
ril II. Mr.. Walster has been in the
department of sails in the Wisconsin
agricultural college for nine years. He
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
N. q. A.. Special to The Tribune.

Sydney, Australia, April 24.-Dan
Kelley, bushranger, claims immunity
from punishment for his lawless
deeds. Kelley was believed to have
been killed years ago when his gang
was rounded up in a, shanty on the
border of Victoria and New South
Wales. But he has turned up at Mo-
long and says he escaped to India,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
NOTICE

City water is again in good
condition. Further boiling for
drinking purposes is unneces-
Sary. \.
DIR. C. E. STACKHOUSE,
Health Officer.
4.25.26 ~
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
THE LAND WE LOVE.

4 Go the tune of America z
CLARA GARNER, r. F. 3. I =
Cur country, that we love
OnE country, soaked with blood.
We all saved It.
The boys that gave their: life,
The boy that wears the stripe,
Ali people that's done right;
We did Cur bit. : f:So.
We love democracy,
We: always had 1t free, Is
And always Will.
Our boys, will fight for II,
And we, will dos our BIT,
Our country. will not quit
For Jack or: Bill.
The Kaiser we did lick,
He gsve up mighty quick,
His wife and gum
Well hang him on y tree, q
And cry Oh, jubilee.
The people will sure b
Here for the fun.
Well breathe the air once more, 4
Our fathers set before
OH Liberty.
Our flag forever wave .
Upon all heroes Grave
For their lives trey have gave.
For you and me. :.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25

April showers wash and clean old
Mother, Earth of Winters germs and
impurities HOLSTERS Rocky Noun.
tain Tea does the same thing for your
stomach, bowels, blood-purifies,
cleans you thru and thru, thoro
Spring remedy. Sac. Tea or Tablets.
JOS. BreSlOw. s' VI,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
PLAN AIR TRAFFIC 4.
NORWAY TO LONDON
NE. A. Special to The Tribune.

: n. e. a. Special to The TribUne:
Christiana. Norway, April ,25.----tAir
traffic between Norway and England
is being arranged. Representatives Of
Norwegian interests have just return
ed from conferences in London. prob.
lens of international law will prob
ably delay opening of service until
next year. ...e=*. -,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
CLUBS WORRYING
ABOUT THE COLD

The-big league baseball season OPP
ems next Wednesday and the mana
gers are worrying about the pro-
longed winter Although late date
was set for, the getaway in the major
circuits the weatherman doesn't seem
to be in any hurry to shut off the frig-
idity in some Of the big towns. Cleve-
land, Detroit, and Chicago, in the big
circuits. and Buffalo, Milwaukee, To;
ledo in the near.majors, are still NUT:
fled in their pennies, praying a little
heat will be turned on before opening
day.
However, teams in southern train
ing camps :. enjoyed a fairly good
spring and they are returning to tho
old ball yards in fine shape.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25

St. Louis, Mo-, April 24.-Kid Her
man, the bantamweight champion, will
meet Kid Regain. a st. Louis product.
in an eight round contest here April
"a Herman insisted upon the weight
being 12O pounds at 3 p. m
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
A RAW, SORE THROAT
Eases Quickly When You Apply
a Little Musterole. .

And Musterolc7 won't blister like the
old.fashicned mustard plaster, Just
spread it on with your fingers. It penc'
trates to the sore spot with a gentle
tingle. loosens the congestion and draws
out the soreness and pain.
Musterole is a clean, white ointment
made with oil of InustEd. It is fine for
quick relief from sore throat bronchitis,
tonsilitis, Group, stiff neck, asthma, r,e,l-
ralgia. headache, congestion, pleurisy.
rheumatism, lumbagd; pains and aches of
the back or joints, sprains, sore muscles.
bruises, chilblains, frosted feet colds on
the chest lit often prevents pneumonia.
Nothing like Musterole for croupy chill
dren. Keep it handy for instant use.
, SOC and 6Oc lars: hospital size $3.50.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
NOTICE

City, water is again in good
eONaition. Further beiling for
1finkins purlsses Is inaeees-
DIR. C.E. STACKHOUSE
1886
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25

Tom Mix, the man who never fakes.
His thrilling aid. daring feast are the
wonder and enjoyment Of theatre pa
trOps. He can be seen tonight at the
Bismarck theatre. ~
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25

Shop II The I tribune Before
You Shop i, The Store.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-25
Lowest
Temperatures
SALE OF LAND.

UKRIS W. KOBER
MeteorOl
Bisbee daily review., 1919-08-17

WANTED-Nicely furnished house, 8 or four rooms, with bath, now or by September l, permanent party. Box 219. 47-A-16-tf
Bisbee daily review., 1919-08-17
FINANCIAL REVIEW

NEW YORK, Aug. 16.-Labor condi- tions and other indications of social unrest. notably the nationwide price agitation, accounted mainly for the further break in stoc=s market prices this week.
 The decline was not unwelcome in conservative circles, however, since it had the effect of correcting to considerable extent fictitious or un- stable position of many of the more speculative issues.
 Another factor which doubtless would have given a check to bullfsh operations on any thing like the re- cent scale was complete collapse of foreign exchange. French and Italian rates fell to unprecedented discounts, with fresh weakness in sterling remit tances.
 Steps were taken during the week to ameliorate exchange conditions by the organization of a credit corpora tion whose chief function will be the placing of funds to meet foreign obli- cations in this morket. It is gener- ally recognized, however, that read justment of exchange is well night inn possible without substantial aid from the foreign governments most con- sidered.
 The money market was unusually easy as to call loans, the supply most of the time exceeding the demand, but this condition resulted more from re- duced stock dealings that from any more important reason. Bankers re- alize that the money market will be put to it's severest test in the impend- ing domestic and foreign demands.
 Apart from the unsettlement created by labor disturbances, the industrial situation was rather mixed. Better conditions prevailed as to iron and steel in which greater productions were reported while the leather and textile industries weer measurably af- fected by the high cost movement.
Bisbee daily review., 1919-08-17
THE GRAIN MARKERS

CHICAGO, Aug. 16.-Sharp breaks, which took place Tn the corn market today were largely owing to the fact that sterling exchange had dropped to S4.25. a new low record. Corn closed heavy at 1ss to 3Ac net decline, with September $1.S2 and December s1.43B to $144 Oats lost IS to 134c and provisions to cents. Weakness in the corn market was evident from the outset. Most of the earlier selling, however, appeared to be based on an- ticipation that railroad traffic, which has been disrupted by the shopmen's strike, would be back to normal Mon day. Bears assumed that, therefore,
Bisbee daily review., 1919-08-17
Mining and Financial NelUS
BY REVIEW LEASED WIRE

the volume of corn receipts here and ot other important terminals would probably increase.
 Weekend covering by shorts rallied the market, but at this juncture the attention of traders began to center on the extreme weakness of foreign exchange. Throughout the rest of the day corn prices kept on the down grade and finished at a0out the lowest point reached.
 Oats weakened with corn. It was reported that the greater part of new crop offerings were unusually light in weight.
 Provisions gave way to tne oepres- sion of hogs and grain. Upturns as- sociated with the bullish showing of the semi-monthly figures on ware house stocks failed to last.