davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
From Stone County.

From Slope County.
l.. w. Radke, Plaintiff and Appellant,
VS.. f. P. Padgett and St. Paul Raj
way Company, corporation, Gar
nishee Defendant.
Syllabus:. The exemption which
may be claimed by wage Garner in
a granishment suit ancillary to an
action to enforce the collection of
bill for groceries and provisions is
fixed by Chapter 72, Laws 1921, and
Section 1852, c. L. 1918, has no APP
plication.
in such garnishment suit there is
exempt from garnishment to the
head of family who is resident
of this state wages or salary in the
sum of SIS per week, and every en-
ployer should "pay to such person
such exempt wages or salary not ex-
ceding the sum of $500 per week of
each weeks wages earned by him,
when due, upon such wage Garner
making and delivering to such en-
ployer his affidavit that he is such
head of family and residing with
the same in this state" notwith-
standing the service of the paper in
the garnishment action; the balance,
if any, of the weekly wage owing by
the employer to such wage Garner
should be held by the employer to
abide the event of the garnishment
suit. (Ch. 72, Laws 1929
Plaintiff appeals from an order di-
recting that the defendant in a gar
nishment suit be allowed to set up as
defense that certain monies due
him for wages are exempt under Sec
ton 1882, C. L. 1918.
Reversed. Opinion of the court
by Christensen, J. Bronson, j., dis
sents, Crater j., concurring in dis
sent of Justice Bronson.
Theodore Swendseid of Marmarth,
N. d., for appellant.
T. T. Hiner, of Marmarth, N. D..
for respondent.
From Ramsey County
Dora Bordson, petitioner and APP
VS..
North Dakota Workmen's Com
pensation Bureau, defendant and re-
spondent.
SYLLABUS:
i. The primary object of all in
surance contracts is to afford in
demnity, and forfeiture provisions
will be construed, if possible, so as
to avoid forfeiture and afford in
demnity. This rule is applicable to
obligations created by the North Da-
kota Workme1s Compensation act
as regards Claims for injury or
death.
2. For REASONS stated in the opinion
it is held that the plaintiff has es-
tablished valid claim against the
Workmen's Compensation fund.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
FROM BARNES COUNTY

The American Compercial Com
pany, corporation, plaintiff and
respondent, VS..
James S. Randolph, defendant and
appellant.
Syllabus
In this acton the plaintiffs sue
to recover $4,000, though they may
| recover a much smaller sum. They
have levied an attachment on prop
erty which is amply suffic ent to
secure Their claim and have secured
an order for sale Of herd of pure
bred live stock worth about twice
the amount of their claim. Defend
ant appeals from such order and
from subsequent order denying
motion to vacate the same. Both
, orders are reversed.
Appeal from the district court of
Barnes county, Hon. A. T. Cole,
Judge. Reversed. Opinion of the
court by Robinson, ]. Bronson and
Grace,JJ., specially concurring.
Christ anson J, and Birdzell, C. j.,
dissenting. Lawrence, Murphy &
Miles; Fargo, attorneys for appel
liant. Young, Conmy & Young, Fargo,
attorneys for respondent.
FROM BURLEIGH COUNTY
laac P. Baker, plaintiff and APP
pellant VS..
City Commiss on of Bismarck, de-
PENDANTS and Respondents.
The findings of fact made by
city commission upon the hearing
OF a petition to disconnect territory
from the City, under Chapter 32 of
the Laws Of 1921, may not be re-
viewed in a cert orari proceeding.
Appeal from the district court of
Burleigh county, Hon. w. L. Nuessle,
Judge. Per Curiam opinion.
Affirmed. Bronson and Grace. JJ..
dissenting. Benton Baker, Bismarck.
attorney for plaintiff and appellant.
n. F. OHare, city attorney, Bis
marck, attorney for respondents.
Lincoln Addition Improvement Co..
corporation, plaintiff and appellant
VS..
City Commission of Bismarck, de-
PENDANTS and respondents!
Syllabus
For reasons stated in the opinion
it is held that tract sought to be
excluded from the city of smarck,
Is not within Section 1868, Comp.
Laws, 1913, as amended by Chapter
~, Laws 1919, which makes it the
duty OF the city council to exclude
lands from the city, upon the petit
ton IN writ 'ng signed by not less
than three-fourth of the legal voters
ana by the owners of not less than
three-fourths, in value, of the prop
erty sought to be excluded are bor-
derlng upon the limits Of the city,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

VIM. Williams returned home from
Staples, Mimi, last Thursday.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11
GlencOe-LivOna

Owing to the condition of the
roads since the last snow storm
teams have been put on our mai
route, VIM. Parsons is driving tn,
south half.
VIM. Williams returned home from
Staples, Mimi, last Thursday.
School opened in the newly moved
Glencoe school house, last Monday.
But Yetter has moved the Franz
Holly house up near the school build
ing, where their children will stay
during the week, because of the long
distance they would have to drive
from their home.
A mistake was made Last week
for which the writer is very sorry
1t is not the Vorlander mines that
are being operated but others in tina,
vicinity.
SlaIcHNS aIDduRH, -. d. ELdSCe
Earnest Burbage and John Wilde
were Fort Rice visitors Thursday
they report water over the ice al
Livona crossing.
Mr.. and Mrs. Geo. Suverly spent
Thursday evening with the Kyes fam
lily.
Miss Alice Carlson returned to
Bismarck Saturday, via Fort Rice and
the N, p, where she will resume her
studies after a two weeks vacation
at home.
Quite a few are hauling wheat to
Fort Rice these days.
Mrs. VIM. Baker was called to Fort
Rice by the death of her mother,
Mrs. Joseph Marsh last Friday eve.
Livona school opened again last
Tuesday after week vacation, be-
tween Christmas and New Years.
Miss Josephine Gendreau returns
this week from 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

School opened in the newly moved
Glencoe school house, last Monday
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Owing to the condition of the
roads since the last snow storm,
teams have been put on our mail
route, VIM. Parsons is driving tn.
south half.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Master Clayton McMullen, who is
attending~school at New Rockford,
spent the holidays with his parents
at Apple Creek ranch.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Mr.. John Weber was in Arena
last Friday on business.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

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

John Mueller was in Bismarck las,
week getting out bills for his sale.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

G. A. Hubbell is in Grand Forks,
drawn on the federal grand jury. He
will probably be away for some time.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

H. P. Goddard was in town last
Tuesday on business relative to the
bank here.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Mrs. VIM. Baker was called to Fort
Rice by the death of her mother,
Mrs. Joseph Marsh last Friday eve.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

The Farmets Cooperative store
has rented the Wilkinson and Scallon
building and will remove their stock
about Feb. LIST.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

A mistake was made Last week,
for which the writer is very sorry
1t is not the VOrlander mines that
are being operated but others in tina,
vicinity.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Miss Viola Hagen left last We'd.
nesday for Fargo to visit relatives
and have tonsils removed.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Vinton Heaton of Arena has taken
position in the Burleigh county
bank.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Mrs. Dave Mitchell and Mrs. Ben
Lawyer entertained the Ladies Aid
last Thursday at the home of Mrs.
Lawyer.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

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 a richer state.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Quite few are hauling wheat to
Fort Rice these days.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-11

Willie Carlson Of Fargo arrived
Saturday and will spend several days
visiting at the home of his brother,
George Carlson.
The Birmingham age-herald., 1923-04-07
REALTY TRANSFERS

Charles I. Zell to George F. Hobart, lot {. block D. in Glen Iris. for $1,0OO and other valuable considerations.
 sam lnman and wife to NJ. L. Russell lot 2S. block 20, according to survey of Birmingh ham Ensley Land and Improve ment company for s100 and other valua ble considerations.
 Della P. Johnson to c. J. Donald. lot B. block 8. according to plan of Corey Land company. for s1.s0o.
 R. w. Brown to w. S. Hulgan, lot TO- block IA, in East Lake. for s100 and other valuable considerations.
 Mary E. Sega to Flossle E. Mayer, lots 14. 15. block. 23l. according to map of C. E. Crenshaw. for s3,70O and other valuable considerations.
 Lakeland Farm company to W. L. Crew lot 4. in Berhen's addition to city of Bir- mngham, for 5000.
 J: A. Sudduth to Mrs. Moniteau T. La croix. lot 10, block 3, in property of Wal nut Hill Land company for $5,0O0 and other valuable considerations.
 Mrs. Bertie Graham and husband to Fred H, Vickers, lot l, block :. in Boyles for $3.s50.
 Edgar Mims to Charles F. Sabin. lot 23. block 75. in West End. for $500.
The Birmingham age-herald., 1923-04-07
IF WINTER COMES, IS
 READ BY s. H. CLARK
Strikingly Portrayed To Jefferson
 Audience

A. S. M. Hutchinson's "If Winter Comes" one of the strongest novels of the last few years. was portrayed strikingly Friday night at the Jeff ferson theatre by pr. S. H. Clark of the University of Chicago, appear ing in the first of series of flee dra- matic rectals under the auspices of the Axis club.
 All the power of the books action was faithfully brought out by Dr. Clark, who held his audience from the prologue. which might well be called the creation of proper atmos- phere." through the final lines of the narrative.
 If Winter Comes" is so well known and it's story so familiar to book lovers that it would be in fringement upon them to discuss the novel itself. Dr. Clark's presentation deserves all the attention. He has an excellent reading voice and the pictures he paints of characters are vivid.
 The Axis club is to be congratu- lated upon bringing Dr. Clark to Bir- mingham. He will read Ibanez's g -Four Horsemen of the Apoclaypse' Saturday night.
The Birmingham age-herald., 1923-04-07
Vital Statistics
BIKTHS Sam Lambert, Sunnyside,


 MT and Mrs. sam Lambert, sunnyside, MT and Mrs. w. c. Clause. BIO Third MT V and d Mrs. , eJhohn Thomas. Route l, Ensley March %: girl:
 MT. and Mrs. Luther Wells. Route 1, E Mir and nd Mrs Arthur Th' D. Friday 4oss Fifth avenue; north April 3; boy .,,. Mir. and Mrs. George Lynch, 3126 Tenth avenue. north, March 1s; boy. North Twenty-thrd street. March [; girl. Mir. and Mrs. J. S. Hamilton. 1413 Alois avshue Mr and Manfn Mrs z GeoFFe gT J. w. Sellers Re- public, March 30; boy.
 Mir. and Mrs. Claud Lavier. Republic, Mir. and Mrs Joseph Hartley. Lewis burg, February 1s; girl WI, MT sanI and Mrs slnS Charles Fsqhin sr3 King V MT. and Mrs. Walter Roddam. Route 3. Pinson, March 30 boy ', ~ 900. North Twenty fourth street, February IS; Mir and Mrs. Albert safar, Tarrant. Feb Mr. and Mrs James F. Whitley. Route G. Birmingham; Fsbruary S,t,ru w D. Rran.. girl, r.r rant. February. s: boy MT and Mrs Robert Lee Cox, Tarrant Mr and Mrs. Homer George Barnett MT and Mrs. Alfred Clio Baker. Sta route, North Birmingham. March 22 boy Mir and Mrs. Henry Clay Route Birmingham. March 16; boy; ,,,
 Mr. 4 and Mrs. George W. Smith. Tarrant December 12: boy. Mir and Mrs. James D. Thornton, Routt 6, Birmingham, December 10; boy.
 MT and Mrs Luther Loggns. Trafford MT. and Mrs. Otis Boles, Trafford. MarcA Mr. % and Mrs John Alfino., asso Twenty MT and Mrs. John R. Slack, 3521 North Twenty-seventh street, March IT; Mir and Mrs Ben S. smith. 212s Thirty fifth avenue. north. March 1e; girl: o-,. MT. and Mrs. Edwin N Hearst; Fl; Mir and Mrs. j.. V. Hlnsley. Birming ham. March ?; girl n n,x,. Mir and Mrs Arthur Wilson, Di1iana -A MT. and Mrs George Cunningham MT. and Mrs. Charles Reese. Dixiana MT Mr. and Mrs F. A. Sullivan. Diniana Mr and Mrs. Paul Perkins. Di1iana M Mr. M and Mrs Rufus s. Nix. Route 8 Birming ham. March 31. boy. MeMillan Mfi nna avenue. tsc April April I. boy. N ~ MT. and Mrs. Clay B. Parks, Route 3 Bessemer March 16, girl.
 MT. and Mrs. John Hutchins. soutl Highlands infirmary, March 30, girl.
 MT. and Mrs. l. J. Chambers. 731 Thirty ninth street, Vivian. March 31. boy.
 Mir. and Mrs E. z. Wood. 2eoo Avenu. : MT. "sd' and Mrs. oscar o6dum. Morris, March 26 boy.
 MT. and Mrs. Fred Newman Burchfield. Route 4. Bessemer. March 2, boy.
 MT. and Mrs. Virgil W. Riley, Route l. Adger, March 27 girl.
 MT. and Mrs. Robert Bowman, Route 5, Bessemer, March IT, girl
 MT. and Mrs. Thomas s. Crowder, Route Mir. and Mrs. Amos Lee Nichols Route l. Adger, March 3, girl. DEATHS
 Mrs. Mary E. Goodwin. Parkview Sta tion April 3; 76 years.
 E. W. Tredwell. 2621 Thirty-third ave- nue. April l. 57 years.
 Stella Mae Handy, Hilman hospital, March 31; 12 years
 Ed Pritchett, Norwood hospital, April1; 50 years.
 Ashley o. spalding. 445 Burk street, March 31; 7S years
 Verby s. A. Lance. Ensley. April 1; 3s years.
 Melvin Jones' .ao14 Avenue c. Ensley. April 1; 69 years
 Mrs. Anna Maloney. Norwood hospital, April 3; 91 years.
 James H. McCary, 1217 Twentieth street, Lake F. Mason. Republic. March 9; 20 Mrs. Ella Bell Williams, Hllman hos- pital. April 2; 63 years.
The Birmingham age-herald., 1923-04-07
TEXT RESOLUTIONS CITIZENS M EETIN 6

The following resolution indors ing Governor Brandon's. program for education and opposing any change in the method of electine county school superntendents were adopted by the second annual citizens con ference on education at the Masonic temple Friday afternoon. They were characterized by H. G. Bowling, sec retary of the Alabama Educational association as, The most important decision of the e..tire educational meeting"
 The second Alabama Citizens Conference on Education in session at Birmingham, Ala, April 6, 1923, recognizing the supreme importance of the fullest ans best education of all people for the duties and respon- abilities of democratic citizenship and economic efficiency. and for in- dividual physical mental lloral, cul- tural and spiritual development. and recognizing turther tkat to provide opportunity for sucn education Is the highest duty of the democratic state, submit tle following resolutions as an expression of their faith, will and purpose and ask their approval by the people of Alabama:
 T. We indorse the educational plank of the platform of the demo- cratic convention in session at Mont Ioncry September ', 1922, and par ticularly that part of it which recom- mcnds the full and harmonious de- Nciopment of the school system of this appropriations s will make pos sihle for the children of Alabama at least as good opportunities for edu f.,,, . If the union. We urge our repre- legislature. the governor, and all state, county and clty officials, who are responsible in any way for the rromotion of education, to do all in their power to carry out this recom mendation and to respond to this de- mand in the fullest and largest de- gree possible.
 % We approve and indorse Gov ernor Brandon's recommendation for a constitutional amendment levying an additional state tax of three mills on all taxable property in this state for enlargement and maintenance ot institutions of education in the state.
 8. We urge our representative in the legislature to take such action
 IS Day be necessary to submit this amendment to the people at the earli-
 est date possible. and to make the tax effective when approved by the PNCP''' anu we aPPtoi to lHc pccPAo
 10 support this legislation both now and at the polls when the amend
 ment is submitted for ratification.
 "A. To make the common schools of this state, elementary and sec ondary, IS good as the average for the states of the union, will require much larger funds than can be raised by all school taxes, state, county and district. even with the proposed ad
 Gition to the state school tax. We. therefore, appeal to the governor and to the legislature to set aside for the use of these schools the largest amounts possible from the general funds of the state.
 "5. We indorse Governor Bran dons program for raising additional money from other than taxable prop erty for the purpose of eIualizing the terms of common schools throughout the state.
 '6. We urge that all possible ef- forts be made to induce all counties and districts in this state, that have
The Birmingham age-herald., 1923-04-07
KU kLUX DECISION WILL LbE RENDERED AT ATLANTA TODAY
Third Faction Seeks to Throw KIan Into ReceiV-
 erShip

ATLANTA, April 6.-Litigation be- tween the Simmons and Evans fac tions in the Ku Klux Klan resulting from the temporary injunction ob- tained by Emperor William Joseph Simmons, restraining Imperial Wiz ard H. w. Evans and others from in- terfering with him Tn control of the Klan, advanced a step farther today when arguments were concluded be- fore Superior Judge E. D. Thomas The court announced a decision would be given in the case tomorrow.
 Another development of the day came with the filing of petition seeking a receivership for the Ku Klux Klan by Attorney W. H. Terrell representing Harry B. Terrell and other leaders of the so-called insur- gent faction" Tie petition signed by Terrell, Z. R. Upchurch, Arthur E. Wooden and others. asked that a re- ceiver be appointed on the ground that tho Klan Is now without a duly elected head.
 The application further set forth newspaper reports of alleged waste of Klan funds by officials of the or ganization. The defendants named Brown Harwood. Rev. Caleb A. Rid ley, Nathan Bedford Forrest. Tom Akers. Fred B. Johnson. Paul r. Etheridge, T. J. Mckinney, N. N. Furney, J. P. Skipwith, J. C. Mont gomery, II. K Ramsey. E. J. Jones and James I. Lowry.
 ChorCe. rraud
 Charges that the injunction order obtained by the Simmons faction was obtained by fraud and that Evans never had been legally elected im- perial wizard of the organization were repeated in arguments of op- posing counsel late today. Ben H. Sullivan, representing Emperor Sim mons, made the first speech. while Imperial Klonsel Paul Etheridge, all though entitled to the first and last speeches, made only the closing ar gument.
 Attorney Sullivan contended that the charter for the Klan was its fun damental law, and that the klonvoka- tion last November failed to follow the provisions of the charter provid- ing for the election of officials in that nominations were made and a viva voce vote was taken instead of a ballot" He. declared Colonel Sim mons was emperor and imperial wiz- ard until wizard had been properly elected.
 Denying charges that fraud had been practiced in obtaining the tenn porary injunction against thZ Evans faction, MT. Sullivan contended that Emperor Simmos was in actual pos- session of the imperial place and that meeting of the kloncilium. or su- preme executive committee, was in session at the time the court order was served. A quorum of the klon- cilium was obtained by the appoint ment by Simmons of three new mem bers.
 ]. V. Poole, associate counsel for Colonel Simmons, also presented brief argument contending that Simm mons was in actual possession of the pal ace and property of the Klan i/ le- gal sense.
The Birmingham age-herald., 1923-04-07
USE NEW CANAL
shipping Board Vessel First To Pas.
 Through Waterway

NEW ORLEANS, April 6.-The shipping board steamship Salvation Lass, 6.753 tons, passed through the locks and berthed in the inner har- Dor today, the first ocean vessel to enter the new $2o,o00.0OO industrial canal nearing completion here. The inner harbor is being constructed by the state of Louisiana, in order that more docking space may be provided and to afford easy access to a section of the city, which 1t is planned to make the manufacturing and indus trial center. The canal joins Lake Ponchartrain with the Mississippi river
The Birmingham age-herald., 1923-04-07
RADIO APPARATUS IS USED ON MOTOR TRUCK
Bissell Company Promises Greater
 Delivery Efficiency

Radio apparatus mounted on de- livery trucks will greatly increase delivery efficiency in the future. ac- cording to salesmen of the Bisseil Motor company. 2S0S First avenue. who Thursday were demonstrating d Rec Speedwagon which had a com plete receiving set mounted in the rear of the panel body.
 Short bamboo poles supported the antennae on top of the truck and the only part of the equipment not on wheels was ground lead ob- tained by driving an iron spike into the ground. The truck may shortly be expected 10 make demonstrations throughout the country around Bir- mingham, it was stated.
 IT. E. Bissell and W. r. Postell. salesmen and radio engineers of the truck set. stated they had received market reports and other local broad casting Thursday.
The Birmingham age-herald., 1923-04-07
CONFER WITH WEEKS
Missouri Delegation Plans Improve.
 mcnt of River System.

WASHINGTON, April 6-Represen tatives Graham, Illinois; Hull, Iowa, and Newton, Missouri, republicans, conferred today with Secretary Weeks regarding the program for improve ment of rivers and harbors during the coming year. While they wore particularly interested in the Mis- sisippi project, it was said the con- versations were extended to the ma ttonal program and sizes of allot- n1ents to be allowed from the $56,- 100000 appropriation authorized by Congress. Conferences will be con tinued as soon as the three House members submit their recommenda- tons to MT. Weeks in writing.
 Major General Beach, chief of army engineers, already has submitted len. tat1ve allotments for next year to Mir. Weeks. who, however, does not in tend to take any final action by way or approval of them until after President Harding is consulted
The Birmingham age-herald., 1923-04-07
HELD FOR EXAMINATION
43 Are Arrested By Nexicans Charged
 With Plotting.

MEXICO CITY. April 6.-(By Asso- ciated ss.)-Eisht of 43 alleged conspirators against the government who were arrested last night at San ta Julia, a suburb of Mexico City are being held for further examination. Among those still in custody is An tonic Gardinin. described by the po- lice as an Italian priest. An order for the detention of another Italian. who is called by the police Father Maldotti. has been issued, Maldotti is described further as director of Salesiano college at Santa Julia.
The Birmingham age-herald., 1923-04-07
G. C. HORTON DIES
Brakeman Was Injured At CarbOI
 Hill Wednesday

Hill Wednesday
 G. c. Horton, aged 36, of 1915 Ave- nue ], Ensley, brakeman on the Fris- co line, who was injured when he fell between two cars while his train was switching near Carbon Hill Wednesday night, died at $50 o'clock Friday night at St. Vincent's hospital. The remains will be sent to Shelby, Ala, by Johns for burial, time to be announced later.
 Attending medical authorities stat ed that both Mir. Horton's legs were terribly mangled in the accident. Surgeons declared amputation of both legs to have been necessary but were unable to perform the op- eration on account of his weak con- dition.