davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
URGE COURT
EST0PPED IN
BANK CHARGES
Defendants Attorneys Hold
Supreme Court Can't Order
Indictments Reinstated
COULD START ANEW
Attitude of Defendants Is
Presented in Specially
Ordered Argument

Arguing that the proceedings be-
gore Judge George NJ. McKenna in
setting aside indictments returned in
the Scandinavian American bank case
by the Cass county grand jury were
final because the defendants had
been discharged and their bail exon
Grated, Charles +. Wolfe of Wahpe-
ton, counsel for defendants, declared
the only remedy left was for filing Of
new charges. In some of the cases
against A. C. Townley, William Lem
Ike, o. E. Lofthus and others, however,
: the statute of limitations has expired
which would make the filing of new
charges worthless.
Mr.. Wolfe and John f. Burke were
before the court to answer in argu-
ment questions propounded by the
court as to whether the trial court
erred and if so, whether the indict-
ments could be reinstated.
ACKNOWLEDGEMENT George F. ShafeN
and George A. Bangs, special assist
ant, had filed before the court Pc
tition for the exercise of it's superin-
tending power over lower courts, and
to reinstate the indictments.
Assuming that the trial court was
in error in making the ruling, Mr.
Wolfe asserted that the district
court had lost jurisdiction Of the de-
PENDANTS by discharging them and
the state had not filed petition with
the court to retain jurisdiction. The
supreme court, he argued, could not
order the court to do that which it
had no power to do.
An order setting aside an indict-
ment, he admitted, was no bar to fu-
ture prosecution for the same offense.
Former Governor Burke maintained
the trial court had not erred in its
findings, and particularly assailed the
Indictments as invalid because the At
tdrney-General had appeared before
the grand jury.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20

Fifteen Hundred Fifty-seven and
79-l00 Dollars ($l557.70, together
with the cost Of this foreclosure.
Dated this 23rd day of June, 1928
ihe state Of North Dakota
Mortgage.
George F. Shafer,
Attorney General Of The State
Of North Dakota
Rheinhart J. kamplin,
Assistant Attorney General and
Attorney for the Board of
University and School Lands
of The State Of North Dakota
Attorneys for Mortgage,
Bismarck. North Dakota.
(6-28 7-5-12-19-26 S-2)
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
NOTICE OF MORTGAGE SALE BY
ADVERTISEMENT

Notice is hereby given that that
certain mortgage, executed and deliv-
cred by Robert Maths, a single man
mortgagor to Seth G. Wright, mort
gagee dated the LIST day of March
A. ID. nineteen hundred and Eigh-
teen and filed for record in the Of
flee of the Register of Deeds of the
County of Burleigh, and State of
North Dakota, on the 9Th day Of
March A. D. 1918. and recorded in
Book 144 of mortgages, at page 484
premises in such mortgage and here
matter described at the front door
| of the Court House in the City of
Bismarck. in the County of Burleigh
and State of North Dakota, at the
hour of 2 o'clock p. M. on the 18th
day of August 1923. to satisfy the
amount due upon said Mortgage OH
the day of sale.
The premises described in said
Mortgage and which. will be sold to
satisfy the same, are those certain
premises situated in the County Of
Burleigh and State Of North Dakota,
and described as follows. to-wit:
The East Half of the Northwest
Quarter tEhNWA) and Lots one and
Two Il & p of Section Thirty one
N0IJ, III township One dun0feu
Forty-four (144) North Of Range
Seventy-eight (78) West, of the Fifth
Principal Meridian, containing One
Hundred Forty-four (144) acres,
more or less, according to the u. S.
Government survey thereof.
There will be due on such Mort
gage at the date of sale the sum of
One Thousand Four Hundred Eleven
and 68-1O0 ($1.411.68) Dollars.
Seth G. Wright,
Mortgage
Lawrence, Murphy q Niles,
Attorneys for Mortgage
Fargo. North Dakota.
(6-3O 7-7-14-21-28 8-4)
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20

George Hill Lewis. above has the
distinction Of being licensed radio
operator No. 1. He was the first,
in 1911. when the operators license
law went into effect; to receive the
license which he values now more
than any other part Of his property.
Lewis Is a graduate Of Annapolis
and was assigned to the radio diyi-
sion OF the u. s. navy in 1910. At
present he is employed at station
WLW in Cincinnati.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20

has fired shots into the room where
he was staying.
He expressed the belief that the
disturbances were the result of law
enforcement work he performed sew
eral weeks ago for federal officials,
obtaining evidence in a number of
cases against alleged bootleggers.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
Puzzling Plays
THE PLAY

THE PLAY
Interference plays at the plate are
troublesome. Often the runner and
the ball arrive almost at the same
time.
There is runner on second, the
batter singles to right, and the run
ner attempts to score on the hit. The
catcher blocks the plate, and the run
ner slides into him, while the ball is
considerable distance away.
Despite efforts to reach the plate,
he is unable to do SO, although only
a few inches away. In the meantime
the ball arrives and the catcher
touches him.
What is the proper ruling?
THE INTERPRETATION
The runner should have been de-
clared safe. The catcher has no
right to block off the runner at the
home plate unless he has the ball
ready to make play.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
Plaintiff,

Bertha p. johnson, Charles A.
Bergquist, and Josephus Todd.
Defendant.
The State of North Dakota to the
above named defendants:
You are hereby summoned and re-
quired to answer the complaint of
the plaintiff in this action, a copy
OF which is hereto annexed and here
with served upon you, and the orr
ginal of which is on file in the Of
flee OF the Clerk of District Court of
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20

FOR SALE-Three Dodge touring
cars, 1921 and 1922 models, bought
last fall-equipped with Rex Tops,
heaters, moto-meters, front and
rear bumpers, spare tires. All in
lA1 conditions-REAL BARGAINS.
1Phone sol. Interstate Transporta-
tion Co. 7-2O-1Ot
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
HERE'S WHERE
TITS HOT

Melilla. Spanish Morocco. July
"0.-Commerce and social inter-
course here is at a standstill be-
cause of the exceptionally great
heat. the thermometer having risen
tc 1892 degrees Fahrenheit.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
SLEEVELESS SWEATERS

The sleeveless sweater is the
boon companion OF the pleated
skirt as it. does, away with the UNI
lovely line where the skirt waist
end the skirt meet.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
BANDITS MAKE
$500 HAUL

Sioux City, Ia, July 20.-Three
men last night entered the Office Of
the American Express company,
ound and gagged guard, and es-
capped with $500.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20

Ground Gripper Shoes for
men and women. Make and
keep your feet we'll. Alex
ltosen & Bro. exclusive deal
erS.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
SILK BRAID

Silk braid in plain colors, or in
patterns resembling cross-stitch or
hand embroidery trims the newest
Italian silk lingerie.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
SUMMONS

STATE OF NORTH DAKOTA, County
of Rurleigh.
IN DISTRICT COURT Fourth Judi
cial District
Martha G. Wheeler,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
Too Late To Classify

WANTED-Competent girl for gen.
eral house work. Phor/ 458. 20
Ave. B. West. 7-2O-tf..
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20
Minot Beats
Jamestown, 6 to 4

Jamestown, N. D., July 20-Minot
won from jamestown last night, 6
to A, even despite the fact that
jamestown placed errorless ball.
Venemon was touched for seven hits
by the Magicians while Letter held
the Jimkotans to one less.
1 Score: r. H. E.
MinUt .................. z 2
NdIHeSlOWu - v
Batteries: Letter and Oliver;
Venemon and Clark.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-20

Dry Cleaning, Pressing
Dyeing, Repairing. Call So
Eagle Tailoring.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-10

pace with the constant commercial
advancement of the Birmingham dis
trict.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-10
Small IMAM AND BRICEI THOMAS CRATE BARS
BUSY WITH MANY JOBS WIDELY DISTRIBUTED

Crate bars, semi-ste castings and
other products manufactured by the
Thomas Crate Bar company at it's
Birmingham plants are finding prac-
tically a national market. Recent
on the Pacific and the Atlantic
coasts and to many states between
them, and among the latest book
ings are orders from the United
States government for semi steel
castings to be used in engineering
work and for other purposes.
1--WE have been and still are en-
joying a very good business, operat-
ing our plant at full time continu-
ously" said E. A. Thomas, mechani-
cal engineer.
"WSD CRATE bars and true semi
steel castings are gaining in favor
steadily and we are shipping to many
states repeatedly, recent shipments
having gone as far east as Boston,
Mass. and as far west as California
covering practically the same
ranges north and south. Numbers of
the representative Industrial plants
of the Birmingham district are plac-
ing repeat orders with US which in
dicates the pleasing and profitable
service they are securing from this
material.
Enquiries are holding up exceed
ingly well for this season of the year
and all indications point to the
greatest business for the coming
year that we have ever experienced"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-10
BANK IS SERVING WIDE
RANGE OF DEPOSITORS

Established 16 years ago, the
North Birmingham Trust & Savings
company has grown from the posi-
ton of a suburban bank to the
standing of an institution serving
almost every section of the Birming-
ham district.
This unique distinction, according
to G.. C. Bryant, cashier, is not due
so much to exceptional facilities Of
fered, but to the fact that the bank
strives to be what its motto calls for
THE Bank of Personal Service"
I'VE number among our depositors
not only residents of old Birmlng-
ham proper" said Mr. Bryant, but
people of Avondale, East Lake, West
End, Woodlawn and practically every
section of the greater city. A great
many Birmingham drug stores bank
here. We have a large number of
depcsitors among the Morris avenue
firms. A few travelling men started
placing their deposits with us, and
it seemed that one man told another
and he another, and so on until we
found we had a great many accounts
of travelling men.
man never comes into our bank that
some one doesn't speak to him. 1t is
no cold blooded business transaction
with us. We find out what man
wants, and do our best to serve him."
The North Birmingham Trust and
Savings company has assets of
LOO, 900. 1t was established in 1907,
and in rapidty of growth it has kept
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-10

Prospects in the building line are
just as good. if not better than they
were this time last year. according
to executives of the Smallman- Brice
Construction company. the widely
known firm of Birmingham engi-
neers and contractors. There are
many contemplated construction
jobs for which plans have already
been announced. and 1924 is expected
to bring forth numerous new projects
made necessary by the constant
business expansion of Birmingham
and the pressing need that still re-
mains for more housing facilities
Among the big contracts handled
by the Smallman Brice company dur
ing the latter part of 1923 were the
new Pizitz building. the Moore
Handley warehouse at Avenue and
Fifteenth street, remodeling of the
Moore Handley buildings basement
at Avenue A and Twentieth street,
erection of the 100000 Highland
Plaza apartments at Elm street and
Highland avenue, remodeling of the
Swift plant on Morris avenue, de-
stroyed by fire; erection of the Uni
versity of Georgia memorial hall, a
100000 contract at Athens, Ga;
erection of the handsome new home
of Charles F. DeBardeleben, Miner
Heights, which will cost $4,000, and
number of others.
Construction men are awaiting
with interest further announcement
of hotel building plans, the new Har-
ris warehouse project, the award of
contracts on the jefferson County
tuberculosis sanatorium on Shades
mountain, and other contemplated
building movements. Contract for
the sanatorium work is expected to
be let by January 10, and construc-
ton probably will start before Feb
ruary l.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-10
REVIEW OF INDUSTRIAL. NEWS
Iron Market Awakening With Signs
Of An Advancing Price Indicated

Continued strength is manifest in
the iron market, the recent revival in
which has been the distinguished
feature in the industrial situation
for some time. No recession from the
Birmingham base of $21 was evident
during the past week, but, on the
other hand, the market exhibits a
likelihood of going to s22 before
many more orders are booked at the
lower price.
Some of the sellers in the Birming-
ham district are out of the market
for delivery before April.
Meanwhile, the blare of the Sloss-
Sheffield city furnace and Vanderbilt
burnace of the Woodward company,
newly blown in, again reflect pros
perity and renewed activity in iron
manufacture. The Vanderbilt furnace
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-10
COAL AND COKE MARKET


Courtesy Adams, Rowe & Norman.)
Current spot prices per net ton, (. o. b.
cars mines, are:
Steam Coal
Poor to medium grades. sd55 to So 40
Domestic Coal
Poor to medium grades. 49, 5 to $500
First quality ...s...... $50 to $50
72-hour hand-picked beehive $3.50 to $500
High-grade by-product foun-
dry $3.50 to 800
Current prices on other Kinds of coke
Gas House Coke
Eorkeu -. 49,
Domestic. Nut Coke
Small sizes ...s... ............l 3d. %
Egg ..-...So.I5
Furnace operations in Alabama are as
follows:
Blast Furnaces
No. On On On Total
Silks Bsc Fdy Spec. Act
Alabama Co. $3.50. 0
Central Iron .....
Gulf States .......
Republic Iron -. 0 2
Sloss- Sheffield 49,. 0 4
T. G. l. r. r. .....12 10
Woodward Iron -. 0 8
On basic. 9.
On foundry, 49,
Total: On coke iron o.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-10

On basic. 9.
On foundry, 13.
Total: On coke iron. %.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-10

is renewing operations in place of
Woodward Furnace No. 8, which has
been blown out for repairs. Refining
and other repairs will necessitate the
idleness of this stack for some time.
Another large pressure pipe plant
has been added to the list of indus
tries using by-product gas, with the
completion of the 16inch main of the
Alabama By-Products company from
Tarrant City to the United States
Cast Iron Pipe establishment at
North Birmingham. Further extern
sion to Acipco, where the American
Cast Iron Pipe company is to be
served, will be effected by January ] .
Manufacturing plants throughout
the birmingham district, meanwhile
are operating at or near capacity,
and harbingers of industrial prosper
itY for 1924 are plentiful.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-10
INDUSTRIAL STATISTICS

Compiled by the Dixie Manufacturer.)
Pig iron quotations: No. foundry,
LIS to 2.25 silicon, $21.
Foundry coke, spot: 81 to 81. SO.
Number of active stacks: Il (coke).
Active by-product ovens: Approximately
1,126.
Active beehive ovens on merchant coke:
5Ss.
Active beehive ovens for requirements
of producer 100.
Barrett company also coking pitch with
so ovens.
Coal production for week ending Novem-
Der "a, approximately $4,000 tons.
The Birmingham age-herald., 1923-02-14
SHIP BILL SlDETRACKED FOR DEBT SETTLEMENT
Gouernor Brandc <>Approues Bro1uer Valuation Bi
House Advocates of Ford Bid Seek 10 Force Action

ing the Cape Cod canal legislation right of way by instructing the committee likewise to report a rule putting Muscle Shoals in order.
 The test, it is indicated, will come Thursday. If the democrats win it will have been demonstrated that they are powerful enough to put over the Ford offer. If they lose, the fight will probably be postponed until another session.
 It is regarded as apparent, how ever, that before a direct test can be had it will be necessary to un- dergo an indirect test.
 WASHINGTON, D. C., Feb. 13. Proponents of action on the Henry Ford offer for Muscle Shoals started a movement today, having for it's purpose the forcing of de- cision on the proposition by the House at this session. The plan under discussion contemplates an amendment to the resolution giving the Cape Cod canal bill privileged status in the House so that the Mus cle Shoals legislation would be in- cluded.
 Meantime, acting Chairman Me Kenzie of the military committee, which reported out legislation deal ing with Muscle Shoals last June, has renewed through a former let ter to Chairman Campbell, his eff fort to obtain action by the rules committee on his request for special resolution giving the legis- lation right of way in the House. MT. Mckenzie said today, however, that his committee had not spon- sored any proposition to amend the Cane Cod resolution.
The Birmingham age-herald., 1923-02-14
WASHINGTON BUREAU |
 THE AGE-H BRAID ; WashingtOn. ID. c. Eeh. 1a 1


 More thoroughly to prepare to meet the issue to be injected by advances of the Henry Ford of fer for Muscle Shoals, the rules committee today postponed it's plan to make in order legislation conferring title on the government of the Cape Cod canal at cost of $11, 100000.
 This postponement made it necessary for the House to find something with which to interest itself. So migratory birds became the topic for consideration.
 When the point of making migra. tory birds in order was raised. the acting democratic leader, Repre- sentative Finis Garrett of Tennes- see, sarcastically dwelt upon the importance of the subject in short address.
 Representative w. B. Bankhead of Alabama then inquired: Docs the gentleman not think that we could find a more serious and im- portant topic with which to en- gage ourselves" whereupon MT. Garrett abandoned his facetious mood and took the republicans se- verely to task for postponing action in disposing of a property which he contended was destined to con fer an infinite boon on every sec tion of the United States.
 Nevertheless, he was unable to dispossess migratory birds. The democrats are prepared to move the recommittal of the rule giv-
The Birmingham age-herald., 1923-02-14
MAN KILLED WHILE ANSWE RING CRY OF NE|GHb0R FUR AID
North Birmingham Resident, Mistaken for Intruder, Fa- tally Shot by Lifelong
 Friend
WALTER BROWER

Response to a call for help from a neighbor by two lifelong friends Tuesday night about 9:S5 o'clock re- suited in Lincoln Wells, AS years old, 2200 Thirty-fourth avenue. north, being shot and instantly killed by Julian c. Collins, 4a years old. 2421 Thirty-fifth avenue, north, North Birmingham station agent for the Southern railway. Collins told po- lice he mistook Wells for the in- truder who had caused the appeal and that Wells made the same mis- take. When Wells struck him, ac- cording to Collins, he shot twice, one bullet taking instant effect.
 R. A. Weaver, proprietor of North Birmingham Furniture company, 2201 Thirty-fifth avenue, north, the neigh bor who called for help, would not make a statement for publication Tuesday night, upon instructions from police officers. Mrs. Weaver, however. told a representative of The Age-Herald that two men knock ed at their door a short time before the shooting, calling for Mrs. Me Culley and some one named Eva"
  that Mrs. McCuliey had lived in a house nearby. but had moved.
 Refusing to listen to him, accord ing to Mrs. Weaver, the men con- tinued to knock, one saying they were officers of the law that he was Mrs. McCulley's brother-in law. When they attempted to force an entrance, Mrs. Weaver and her niece, Mrs. o. S. Summers, fled through the back door to seek refuge with neigh bors. Mir. Weaver went for MT. Wells.
 Collins statement made to Chief of Police Fred McDuff at headquart- CTS takes up the story of the trag- edy at this point. He said he was sitting in his house when Mrs. Weaver ran in and asked him Ito save the baby from two men who were trying to take it." Taking his pistol, he said he went to the Weaver house. Encountering Wells as the latter came around the left side of the house in answer to Weavers call, he said he was ac- costed with What are you doing here?" and was then struck in the face. Unable to see his assailant in the darkness, he fired twice. He llearned what he had done moment llater when Riley Wells, 19-year-old son of the slain man. came running up in time to hold his father in his arms as he breathed his last.
 Taken to police headquarters and questioned Collins gave way to his feelings and wept. He is being held pending outcome of the coroner's in vestigation Wednesday. Solicitor James G. Davis, who reached the scene of the shooting with the of fcers, said he would present the case to the grand jury Wednesday morn ing. If an indictment is returned against Collins, the case will go to trial Monday. according to the so- r licitor. Collins was transferred to | the county jail early Wednesday. Mrs. Weaver's story was substan- tiated by her niece, Mrs. Summers, whose baby Mrs. Weaver is said to have entreated Collins to save. The two men reported to have att tempted to enter the Weaver house (COntinued on Page Sixteen)
The Birmingham age-herald., 1923-02-14
DIR. HINDS PLEADS FOR
 MONEY TO KILL ANTS

Immediate action to stop the rav- ages of Argentine ants in Birming- ham was urged by pr. w. E. Kinds, state entomologist, who appeared be- fore the city commission Tuesday with a request for an appropriation of s1,600 to eradicate the ants in the city. He declared that unless the fight on the ants was begun at once they would multiply greatly during the summer and could not be combatted before next fall. D. F. Me- Lendon, president of the comm, ssion, appropriation.
 Approximately 200 blocks in the city are infested with the ants. It is estimated that the cost of destroy ing the pest will be $S block.
The Birmingham age-herald., 1923-02-14
DOINGS OF DAY
 IN WASHINGTON

Announcement was made that President Harding would call an- other conference of state governors for discussion on prohibition en- forcement.
 Laying aside the administration shipping bill. the Senate took up the British debt settlement with propo- nents confident of an early favorable vote.
 By a six to five vote the Senate Judiciary committee rejected a mo- ton to defer action on a proposed constitutional amendment regulating child labor.
 Favorable report of the House bill proposing combination of the diplo- matic and consular services was or dered by the Senate foreign relations committee.
 It was indicated at the White House that President Harding would recommend appropriations of suf- ficient funds to conduct a searching inquiry into world production of crude rubber
 Hearings were begun by the House foreign affairs committee on the Porter resolution requesting the President to negotiate with other na- tions for curtailment of narcotic drug production. Secretary Hughes in letter expressed his accord with the object in view.
 After brief debate the Senate ap- proved a bill by Senator Norris, re- publican. Nebraska, proposing fed eral constitutional amendment which would eliminate the session of an old Congress after election of a new one and would change the date of inauguration of President from March to the third Monday in January.
 President Harding was said to have approved governmental reor- ganization plan. including among other changes the consideration of the war and navy departments. The plan is to be sent to the joint con gressonal committee having the matter in charge for basis of study.