davidaulloa/AmericanStories huggingface dataset:
Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1923-06-15
PHILLIES WIN IN
LISTLESS GAME ON
HOME GROUNDS, q
Meadows Gave Up Only Six Hits
But Lacked Control Through
out the Game
REDS TAKE ANOTHER ONE
Four Homers Enable Chicago to
Beat Brooklyn-O'Fsrrell
Stars
REDS TAKE ANOTHER ON

PITTSBURG, June l5.-Rhils-
delphia defeated Pittsburg Thurs
day 2 to /, in listless ball game,
Although only hits were issued
by Meadows. his lack of control
helped the lowly Phillies, while the
Pirates, clamoring to Gust New
York from the league leadership,
failed in their usual offensive
strength.
Score by innings:
Philadelphia -. -002 600 000-2
Pittsburg .- ZOO 600 1901
Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1923-06-15
Erratio Pitching Loses Again

WASHINGIUN,- june I5.---ET-
ratio fielding and loose pitching
permitted Chicago to take the first
game of the series with Washing
ton here Thursday, 7 to 8. The
White Sox were credited with six
stolen bases, Mostil accounting for
three. Russell, who relieved Zach
airy, allowed six bases on balls,
while Leverette, who started for
Chicago, give five passes in two in
nings.
Score by innings:
Chicago 49,. 219 200 200-7
4 120 600 000--3
Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1923-06-15
Reds Take Giants Down a Notch.

Reds Take Giants Down a Notch.
CINCINNATI, June 15.-The
Reds pulled the champion Giants
back again Thursday by winning
the second games of the series, 6
to 5. Bentley was hit hard in
the first I've innings and .ertired
at the end of the sixth. 1t was
the seventh straight victory for
the Reds and gave the possession
of third place in the league race.
Score by innings:
New York ,.-.. 1000 020 030-5
Cincinnati .... POI 020 O01-6
Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1923-06-15

Mems and young mems crepe rubber sole
shoes, tan, soft and flexible, sizes to l0's
a nobby new sport oxford, sells ordinarily
tor $500. Churchwell's special or or
price per pair -.-..--.--.-.--.------ DJ.JJ
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
News of Our Neighbors

atives here, after which she will re-
turn to her home in Spokane, Wash.
Miss Loretta GRAPHICAL is reported
to have taken a school near Linton.
Don Macdonald Of Glencoe has ac-
cepted a position as bill messenger
at the capitol during the present ses-
sion Of the legislature.
Mrs. John Grogan is visiting with
relatives in Livonia vicinity.
Mr.. and Mrs. James Burbape at
tended the funeral Of Mrs. Joseph
Marsh at Fort Rice last Tuesday.
Mr.. and Mrs. C.. A. Carlson trans
acted business in our city across the
river, Saturday.
Vivian and Verna Burbaee were
visitors at the Baker home recently.
crowd from this side attended
the New Year danceat Fort Rice.
fine time was reported.
VIM. Carmichael was a Livona Wis
itor Wednesday.
George knudtson and Chas. Rath-
burn drove to Hazelton, Monday of
this week.
John Glum is cutting wood for
John Wilde this week
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

From a judgment of the District
Court of Ramsey county, Buttz, j.,
plaintiff appeals.
REVERSED:
Opinion of the Court by Christ
iaNson, J.
Grace, j., concurring specially.
H. A. Libby, Grand Forks for APP
pellant.
S. w. Thompson, Devils Lake,
Philip Elliott and L. J, Wehc, both
of Bismarck, for respondents.
From Burleigh County
liant,
w. G. Hoera defendant and rcspon-
dent.
SYLLABUS:
This is an appeal from an order
and judgment dismissing plaintiffs
action regardless of verdict and
judgment in his favor for $1,1G634
The judgment was for the balance
due the plaintiff on four years of
continuous good and faithful SER
SlScS as ldTiu ldUOTeT OH lOuf ana
one-quarter sections stock and grain
farm of defendant near Mckenzie.
Defendant took the full benefit of
Plaintiffs services with full know
ledge of the same, and he who takes
the benefit must bear the burden,
Order and judgment appealed from
reversed. The verdict and judg.
ment thereon reinstated.
Appeal from the District Court Of
Burleigh county, Hon. J; A. COT
fey, judge.
REVERSED:
Opinion of the court by Robin
son, j.
Birdzell, Oh. j., and Grace, j., con-
cur in the result.
j. N. McCarter, Mandan, and w.
L. Smith, Bismarck, for appellant.
F. E. McCurdy, Bismarck, for re-
pendent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

car Of lumber shipped in last week
by the Mandan Mercantile company
OF which George Swick is manager.
Ernest Baumgart Of the Burntcrcek
district was a visitor at the Richard
Borner home Monday.
John Monroe carried the mail in
| Mr.. Swick's place Tuesday as Mr..
Swick was busy unloading the car
of lumber shipped in.
Mr.. and Mrs. George Schonert and
family spent last Sunday evening
with William Paul and family west
of here.
Willie Schonert was business cal
Ter in Baldwin Wednesday.
Mr.. and Mrs. H. G. Higgins were
Saturday evening guests at the home
of Mr. and Mrs. Oscar Satter.
Mrs. Henry Larson and children
returned the last of the week from
Garrison where they had been visit
ing at the home Of Mrs. Larson's
parents.
George Nelson and Eglebrit Tust
Of the Cromwell district were bust
ness callers in Baldwin the latter
part of the week.
Willie Borner and Willie Pink
drove in from the farm Friday with
a load % chickens.
Archie Borkhart of the Naughton
district was seen in our midst Sat
urday.
Mrs. Van Couch was shopping in
Baldwin the fore part of the week.
Martin Burgess arrived on the
train Saturday morning and spent
the day in Baldwin returning to Bis
marck in the evening.
Mr.. and Mrs. Richard Borner en-
tertained a party of friends at their
home Sunday evening. Cards and
music were the diversions.
A dance will be given in the hall
Saturday night. Everybody invited
to attend. Ladies please bring cakes.
Walter Simmonds was. business
caller from the Painted Woods dis
trict the last of the week.
Mrs. w. H. Larson is on the sick
list.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
DRISCOLL

Mr.. and Mrs. John Stewart spent
several days Of the past week with
relatives at Bismarck.
Mr.. and Mrs. Anton Peterson spent
The week end at the capitol city con-
sulting physician in regard to
Mrs. .Petterson's health.
So Harold and Roy Olson of Chestina
asst week with their uncle, L. B.
Olson.
Mrs. L. B. Olson and daughter,
Nora, returned to their respective
home Saturday, after spending sew
eral days at Bismarck, where Miss
Nora was under the care of DIR.
Bolton.
Willie Carlson of Fargo arrived
Saturday and will spend several days
visiting at the home of his brother,
George Carlson.
Mrs. A. NJ. Bruschwien and daugh-
ter, Hildred, were among the guests
at the county seat Friday. Mrs.
Bruschwien also called on her sis
ter, Kate Wiens, who is suffering
from an attack of inflammatory
rheumatism.
Mr.. and Mrs. Albert Hanson of
kidder county spent the past week
at the home of Mrs. Hanson's par
ents, Mr.. and Mrs. Christ Schoon of
Christiania township.
Mr.. and Mrs. Harold Hargrave and
family were the guests of relatives
at Steele the past week.
Miss Grace Jensen, who is teach
ing one of the Christiania district
schools returned Sunday after hav-
ing spent two weeks vacation at
the home Of her parents, Mr.. and
Mrs. J. J. Jensen.
Mr.. and Mrs. Faume Luijben and
family returned home Monday after
a pleasant visit with relatives at
jamestown.
Chrstiania school No. 2, taught
by Rose Brady, started work Monday
morning after two weeks vaca-
ton.
One of those old fashioned home
gatherings took place last Friday
evening at the Gunderson farm in
Lien township, when a host of jolly
makers Joined hands. The evening
was spent in dancing and games Of
whist. At midnight refreshments
were served.
Miss Meta Boetter Of Arena spen.
the past week as the quest of Rose
Brady at the J. w. Boyer home in
Christiania township.
Mrs. E. A Van Vleet returned
home Monday after spending several
weeks among relatives and friends
at her old home in Winona, MINI.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

are wholly unplatted, and have no
municipal sewers, water mains, pave
ments, side walks, or other city,
town, or village improvements made
or constructed therein.
Appeal from the district court Of
Burleigh county, Hon. w. L. Nuessle,
Judge.
Acknowledgment of the court by
Bronson, j. Grace, ]. specially con-
curing. Christianson, J. concurring
specially, Rob nson, j., concurring
specially. /. Benton Baker, Bismarck,
attorney for plaintiff and appellant.
H. F. OHare, city attorney, Bis
marck, attorney for defendants and
respondents.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

property sold from the date of such
sale until the expiration Of the Pc
r cd of redemption"
For reasons stated in the opin on,
it is held that said Chapter 1872,
Laws 1919, is applicable only to
mortgages executed and delivered
after it became operative. and is ap-
plicable only to mortgages executed
and delivered prior to that time.
From judgment in the District
Court of Mclean County Nuessle,
j., defendant appeals.
Aft rmed. OPP Mon Of the court by
Christian, j. Bronson. j.. concurring
especially. Grace and Robinson, j.,
dissenting.
w. H. Stutsman, Mandan, North
Dakota, attorney for defendant and
appellant.
C. l. Foster, Turtle Lake, North
Dakota, attorney for plaintiff and
respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
BALDWIN

Herman Kickul, Sr., and sons
Richard and Herman, were trans
lcting business in our town the lat
.erpart of the week.
Miss Viola Strandemo, Miss Ger
rude Fricke and Miss Dagmar AL
'ertson who have been spending the
ast two weeks at the homes of their
arents left Saturday night for Bis
aarck where they are students in the
high school.
j. H. Small was a business caller
Baldwin from the Arnold district
one day last week.
Mrs. Olaf Lundin has returned to
her home near Arnold after spending
several days in Baldwin at the Clar-
ance Rupp home.
Mike Ryan was Saturday visitor
in our town.
Emil, Fred, Otto and Harry Hogue
all came in from their farms Satur-
day.
Ed Lewis was business caller in
Baldwin the latter part of the week.
Jacob Diede was a Sunday visito,
at the home of Mr.. and Mrs. Ludyick
Files.
julius Myres was caller in Bald
win Saturday.
Jake Splitter was caller in Bald.
win Saturday.
On account of the rough weather
and poor roads no church has been
held here during the past three
weeks.
Fred Wood made several trips to
the coal mine the fore part of the
week.
louis Splitter was a business caller
at the Arnold Rupp home early in the
week. He brought in the cow which
Mr.. Rupp bought from him.
.--...s
Gus Rupp, George Schonert, and
'Osear Satter, nearby farmers, were
all e doing their weekly trading
Saturday.
e The recent cold snap found lot
De sa3S without coal, and q general
rush to the coal mines was the re-
and Mrs. George Swick and
l6S Clarke and Rollin, were Sum
~ afternoon guests at the H. G..
.Hi&eps home.
HTssand Mrs. Fred Wood were Sun
4Ayxisitors At the home Of mr.. and
Mr.. G. 81. Mountenay.
M. Jacob Diede took thes train
llnarck the fore part Of the
NGx where Ghe spent several days
Nig1f - her children.
1 IT, EmmaN Dieds left for Bis
e6rly Ii the week, where She
s9s]!zHfSd position in the Hotel Nc
H Monntenay, Fred Wood and
&asd Bornsr helped unload the
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
SUPREME COURT
FROM WARD COUNTY

William j. Carol, plalntiff-res-
pondent.
New eYrk- Life Insurance Com
pany, foreign corporation, Defend
ant Appellant.
Syllabus
In an action upon policies Of life
insurance, where the insurance COM
pany seeks to exercise the right of
forfeiture for failure to pay an an
nual premium, it is held, following
the law Of the case announced upon
a former appeal, and, for reasons
stated in the opinion, that the ques-
ton of waiver and estoppe concern
ing the exercise of such right, were
for the jury.
Action in district court, Ward Co.
Moelring, j., upon two policies of
life insurance. Defendant has ap-
pealed from the judgment.
Acknowledgment of the court by
Bronson, Christian and Rob :nson, j.
dissenting.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
Severe Cough After Influenzs

after an attack of the flu which
left me with severe cough nothing
seemed to relieve me until I used Fol-
ey's Honey and Tar" writes Mrs. X.
D. Drake, Childs, Md. Coughs result
ing from influenza. whooping cough,
asthma, Group, La grippe and bron-
chitis are quickly relieved with Fol-
ey's Honey and Tar. Contains no op-
iates-ingredients printed on the
wrapper. Largest selling cough
in the world.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
FROM WARD COUNTY

Wanie S. Fahler, Is admin. stratrix
of the estate of Leo S. Fahler, de-
ceased, plaintiff and respondent. VS..
City of Minot, municipal cor
porat on, defendant and appellant.
Syllabus
l. Constituting the provisions of
Chapter 1872 of the Session Laws of
1919, an act = entitled Workmen's
Compensat on Fund, it is held that
the employees of cities are included
within the act and when injured in
the course of their employment are
entitled to be compensated from
said fund within the provisions of
the Act.
2. Cities are within the Act to
the extent that they are required to
pay into the fund for the protection
of their employees.
3. A policeman of a city who is
appointed to his position and who
receives a stated compensation for
his services is, within the definition
Of the word "employee," as defined
in the act, and if injured in the
course of his employment is ent tied
to be compensated out of the fund.
a. Where an employee Of city
brings an action against the city for
damages on account of an injury
received in the course Of his en-
ployment, instead of filing the claim
with the Compensation Bureau, as
may be done in Section II Of the
Act, there is no liability Of the city,
where, as in this case, though an
employee, policeman was killed in
the course of his employment, since
ne was acting in a governmental ca
pacity.
S. The defendants and claimants
in. this case were afforded by the
act, other and more lsDeral remedies
than the one involved, as will appear
more fully from the opinion.
An appeal from the order of the
District Court of Ward County, 'ov-
erruling demurrer to the compla mt
Geo. H. Moellr:ng, Judge.
Opinion of the court by Grace, J..
Order reversed and action dismissed.
Robinson and Christanson, j., con-
cur in the result. Bronson, j., spec
tally concurring. Messrs. MCGEE &
Goss, and John J. Coyle, Minot, at
torneys for defendant and appellant
Messrs F. B. Lambert and E. r.
Sinkler, M:not, attorneys for the
plaintiff and respondent.
FROM MCLEAN COUNTY
First National Bank Of Turtle Lake.
corporations plaintiff and respond
ent, VS..
Bpvey. Shute & Jackson, Inc, a
corporation, defendant and appellant
Syllabus
Section 1852, C. L. 1918, which
provides:-"The purchaser from the
time Of the sale until redempt on
is ent tied to receive from the ten
ant in possession the rents Of the
property sold, or the value of tue
use and occupation thereof" was
amended by Chapter 1872, Laws 1919,
to read rs follows: "The debtor un-
der an execution Of foreclosure sale
OF his property shall be entitled to
the rents, use and benefit Of the
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
FROM WILLIAMS COUNTY

James J. Bailey, plaintiff-respond-
ent, VS..
James Cox Davis, the Agent of the
Transportation Act of 1920, defend
antAppellant.
l. To review the sufficency of
the evidence to support the verdict,
a motion for a directed verdict or
for new tr al is necessary.
2. Although motion for dismiss
sal and motion for directed ver-
dict, are both, in effect. demurrers
to the evidence, nevertheless they
are not identical.
al Employers Liability Act to recov-
err damages, it is held, for reasons
stated in the opinion, that the YER
dict of the jury finding that the de-
PENDANT was negligent and that the
plant if did not assume the risk will
not be disturbed.
a. In van action brought in
State Court d 'rectly under the Fed
eral Employers Liability Act, where
under the facts plead and proved,
it is doubtful whether the employee,
at the time of his injury, was then
engaged in interstate commerce, and
where the defendant has failed to
show in the record a petition and
bond for removal of the cause, or
any fraudulent attempt to evade the
r ght o. removal, and, where furth-
er, it is not shown that any different
result would be\ obtained if the ac-
ton had been removed, and where
the State Statute (Chap. 297, N. d.
Laws 1870 applicable to interstate
commerce, embed es practically the
same, identical language as the Fed
eral Employers Liabil ty Act, it is
held: (a) That it is immaterial
whether the Federal Act or the State
Act be applied; CO. That the defend
ant has waived it's right Of removal,
if any it had.
5. For reasons stated in the opin-
ION it is held that the admission of
certa evidence was nonsprejudicial.
Action in district court, Williams
County, Lowe, j., to recover damages
against carrier,
Affirmed. Opinion of the court by
Bronson, J. B rdzell, Oh. j., and Rob-
inson, j., dissents. Christianson, ].
concurring.
Dudley L. Nash, Minot, N. D., w.
B. diversion. Williston, N. D.. Murphy
& Toner, Grand Forks, N. D., attor-
neys for appellant.
Fisk & Taylor, Williston, N. D.,
Greenleaf & Wooledge, >M;not, N. D.,
attorneys for respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
WING

Vinton Heaton of Arena has taken
position in the Burleigh county
bank.
Mr.. H. P. Heston, of Wilton was
transacting business in Wing last
Thursday. Mr.. Heston is with the
Ford Motor Co. there.
Miss Viola Hagen left last We'd
nesday for Fargo to visit relatives
and have tonsils removed.
Mrs. Dave Mitchell and Mrs. Ben
Lawyer entertained the Ladies Aid
last Thursday at the home of Mrs.
Lawyer.
Tuesday on business relative to the
bank here.
q. A. Hubbell is in Grand Forks.
drawn on the federal grand jury. He
will probably be away for some time.
John Mueller was in Bismarck las,
week getting out bills for his sale.
Master Clayton McMullen, who is
attending~school at New Rockford.
spent the holidays with his parents
at Apple Greek ranch.
Mr.. John Weber was in Arena
last Friday on business.
Russell Mason, who has held the
position as assistant cashier in the
Burleigh County bank has resigned
his position and will leave for his
home in Wisconsin this week, where
ne will spend short time visiting,
after which he will go to the north
ern part of this state where he has
accepted position in q bank.
Percy Evans of Regain, spent a
couple of days in Wing last week on
business.
Ralph Halvor shipped car of hogs
to South ST.. Paul last Friday. When
farmers like Mr.. Halvor get to ship
ping carloads Of hogs themselves all
raised on the farm, North Dakota
will fast become richer state.
The Farmets Cooperative store
has rented the Wilkinson and Scallon
building and will remove their stock
about Feb. LIST.
The Farmers Institute will hold
sessions here on the 9th and 10th.
Tuesday and Wednesday of this
week. Let everyone turn out, as
these meetings will be interesting.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
FROM BURLEIGH co.

Company A, First Regiment, N. d.
National Guard Training School, a
corporation, pla mt If and respond
ent, VS..
Edmund A Hughes, defendant and
appellant.
Syllabus
1. In an action for the conversion
of personal property, the evidence is
examined, and it is held sufficient
to support finding of conversion.
2. Witnesses who were members
and directors of a corporation are
not, by virtue Of that fact alone,
qualified to testify to the value of
property of the corporation which is
alleged to have been converted.
Appeal from the district court Of
Burleigh county, Coffey, J. Judgment
reversed and the case remanded fol-
a new trial.
Opinion Of the court by Birdzell,
Oh. j. Grace, j., concurring in part
and dissenting in part. Bronson, ].
dissenting.
F. o. Hellstrom and Theodore Kof-
fel, Bismarck, N. OAK, attorneys for
plaintiff and respondent. Newton,
Dullam & Young, Bismarck, N. Oak.
attorneys for defendant and appel
liant.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
From Ward County.


A. F.. McLane,, Plaintiff Respondent,
VS.. A. P. Scofield, Sheriff of Ward
County, North Dakota, Defendant
Appellant.
Syllabus: In an action by resi-
dent and taxpayer to enjoin the
sheriff from appointing and contin-
! uing in employment special deputies,
and other county officials from pay
ing county funds to such special dep
uties so appointed, it is held:
(a) That, as against the sheriff,
plaintiff, upon the allegations of the
complaint, is in the position of pri-
vate individual sustaining no threat
ened loss and having no right to
maintain the action.
CD That, as against the other de-
PENDANTS, the complaint does not al
lege, nor the record show, facts suf-
ficient to warrant any injunctive re-
lief.
Action in District Court, Ward
County, Lowe, j., to enjoin the sher-
iff and other county officials concern
ing the appointment and pay of spe-
cial deputies. Defendants have az.
pealed from an order overruling a
demurrer and an order refusing to
vacate temporary Injunction.
Reversed and proceedings dismiss
ed. Opinion of the court by Bron-
son, j., Grace, j., dissents.
Fisk, Murphy and Nash, Minot,
N. D., Attorneys for Appellants.
Funke, Campbell & Eide, Min0t,
N. D., Attorneys for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Livona school opened again last
Tuesday after week vacation, be-
tween Christmas and New Years.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

rotary of state an official bond or
oath of Office. Hence his Office be-
came vacant and the Governor had a
legal right to fill the vacancy. AZ
firmed.
Appeal from the district court of
Burleigh county; Hon. w. L. Nues-
sic, Judge.
Affirmed. Opinion of the court by
Robinson, ]. Bronson, j., concurs in
the result. Grace, j., did not par
ticipate.
William Danger, Bismarck, W. S.
Lauder, Wahpeton, and p. D. Norton,
Mandan, N. D., Attorneys for Appel
liant.
sveinbjorn Johnson, Attorney Cen
eral,, and Geo. F. Shafer, Assistant
Attorney General, Attorneys for Re-
spondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Miss Josephine Gendreau returns
this week from a two months visit
with friends in Fargo, she will spend
the remainder of the winter with rel.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
From Burleigh County.

From Burleigh County.
State of North Dakota, ex REL, Svein-
bjorn Johnson, Attorney General,
Plaintiff and Respondent, VS.. John
Bloom, Defendant and Appellant.
Syllabus: Defendant appeals from
a judgment against his claim to tho
Office of Game and Fish Commission
er. 1t appears that the defendant
never qualified by filing with the Sec