davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
JOHNSON BUYS
INTO, CLUB
Takes Part Ownership of
Oakland Team in Coast
League

Oakland, Cal, Nov. lS.-Thc Oak
land club in the Pacific Coast base
ball league today will pass into the
ownership of Walter Johnson, pitch.
ing ace Of the Washington Ameri-
cans. and George Weiss. owner of
the New Haven club in the Eastern
league. it was announced here BIZ
j. Cal Ewing, retiring Oakland
owner
The consideration was not an
nounced, but it was indicated by
Ewing that it was in the neighbour
hood of S3S5,00
Negotiations were concluded and
the check was signed at a confer
cnce yesterday.
lie deal was put over after having
nearly fallen through last Friday.
when the conference came to a
stalemate on the question of price.
johnson departed for his home in
Reno to await developments.
The matter was reopened at an
other conference yesterday and after
two hours Weiss was given an option
on the club. This he decided to ex
ercisc, and summoned Johnson back
from Reno. johnson will pitch for
the club.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
o..
sPQ6TB9fas555dRrs

The late Percy Haughton was ais
4 star at racquets, and was twic,
holder Of the national title.
Young stribling, school boy priz,
tighter, Is cheer leader ut the Uni.
vcrsity for Boys at Atlanta.
cyril Tolley, British amateur. de.
mes he intends to remain in Ameri.
ca and enter the business world.
Walter Hagen was born in Roches-
ter, n. y, and his boyhood ambition
was to be Il taXidermist.
Freddie Mcleod of Washington
and Bobby .Cruickshank of New York
are two of the smallest pros in GOLF
Duncan and Mitchell, invading
British golfers. will compete in the
Texas open championship, Feb. ~,
- and ii.
George Duncan is said to be the
most consistently long hitter in
golf.
Papyrus, great English horse. has
oeen retired to stud, after finishing
second to Tersina in his last race.
The Nationals need couple of
Young southpaws to replace the ag.
ing Zachary and Mogridgc.
George Sisler may decide to again
winter in California. He started his
there last year.
IBID Falk's great hitting has
h'''ea or the idea of his going back
to pitching for the White SoX.
Outside of Eddie Collins, the vet
'ran Harry Hopper is the best paid
nan on the White Sox team.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18

can't show very much when tn
otter side refuses to let it have tn;
| hall.
During the first period of pla,
III the Chicago-lllinois game, no,
cree did Grange get chance will,
the ball. AS matter of fact, no
until the second period was half
over and Chicago was leading IA to O
DIG Illinois get real opportunity
to show its offensive strength.
Chicago elected to receive the
kickoff and series of smashing
plays took the ball to within the
illinois five-yard line. only to lose
/. on a tumble. Illinois punted from
back of its goal line to near mid
field and Chicago started another
march that resulted in touchdown.
In the first period Chicago made
II first downs to none for Illinois.
The Maroons, with smashing style.
rather rare these days, had ripped
the Illinois line to pieces.
The gains were moderate but con-
tlnuous. There is nothing more dis
heartcning than to be beaten in that
manner. Illinois, however, showed it
is great team by doing a remark
able comeback
Princeton and Rutgers adopted the
same style against Harvard and La
fayette, but unlike Chicago, were
unable to keep their opponents on
the run throughout.
When the present season is over.
by twisting the dope and making a
Of the scores, it will be
possible to prove that Siwash has
he best football team in the coun-
~.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
Billy Evans Says

With each Saturday football RI.
versal Of forms continue to min nm
Probably no season in the histo,
OF the gridiron sport has witnessed
so many dope upsets.
There is every reason to believ,
that such a condition will continue
until the close of the season, So
don't be surprised at anything that
may happen.
Three outstanding upsets of the
games of November 8 were Prince
tons rout of Harvard, Chicago's tie
game with Illinois and Rutgers over.
wheiming defeat Of Lafayette.
There were other surprises: such
as pennsylvania failure to do bet
ter than a 30 win over Georgetown
Syracuse's rs defeat by West Vir.
ginla Wesleyan and Washington
tie with California.
However, the first three were the
big thrillers of the day.
All OF which proves there is no
doping the open style of play. No
longer does the best team invariably
WIN IN football. The breaks usually
decide the outcome, often sending
the stronger team to defeat.
Perhaps no better illustration
could be offered as to the part the
breaks play in football than tn,
Pcnn State-Georgia Tech game of scv
eral weeks ago, which was won by
the latter, 1913.
Penn State made something like a
dozen first downs to one for Georgia
Tech. Penn State constantly threat
ened but lacked final punch.
Georgia Tech profited by Penn
States mistakes and won.
Along these lines it might be ar
gred that the smarter team won, yet
this is questionable. The breaks of
the game are more often the result
OF a physical failure than "a mental
slip
Princeton. Chicago and Rutgers.
III providing the three big surprises
OF the day, showed power greater
than any Of the experts conceded
thcnE Yet all three team in earlier
games had showed flashes o. great
rcss.
Immediately getting team on the |
defensive is a great asset in these !;
days Of open ball. No matter how
strong team may be on offensc it
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18

ALL WESTERN
BIG 10 TEAMS
PLAYSATURDAY
More Upsets Probable With
Rivals Engaging in Last
Clashes of Season

Chicago, Nov. lS.-The Western
Conference football season. which
virtually will close Saturday, will Of
fer an opportunity for more sur
prises. Michigan viii take on the
University of Iowa at Ann Arbor,
with Iowa on the short end OF tn"
dope, but ready to battle hard against
the Ann Arbor team. Ohio. which
long has been Il jinX TO Illinois, will
meet the Iuppke eleven, crippled by
the loss of Red Grange WiScon-
sin will meet Chicago. with the Stage
men doped to win the game easily,
but with Wisconsin ready to dupli-
cate Northwcstern's great stand
against Chicago. Northwestern will
go outside the conference, meeting
Notrc Dame, and Minnesota will en-
gage in an inter-sectional battle,
nlayinr Vanderbilt at Minneapolis
The Vanderbilt eleven ranks as one
of the strongest in the south In
diana and Purdue meet in their an
nual clash.
Western Conference talk still re-
wolves around Red" Grange and the
Illinois Minnesota game, with sport
experts trying to solve the upset |
The Gophers are now being highly /
praised, Everybody likes winner !
Coach Bill Spauiding was hammered |
hard for Minnesota's poor showing |
but now is being lauded. Lawrence
Perry. an eastern football expert.
praised Minnesota's effort in stop
ping Grange and then said:
"Bill Spaulding. the coach, has
needed Just such game as this to
place him where he belongs
For the Gophers met Illinois in
structed in the various problems they
would encounter and versed superbly
in methods designed to take advan-
tage of the shortcomings of the Ur-
bana combination"
The big weekend clash in the East
will be the Harvard Yale, game, with
Yale favored to win easily.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18

belong to the assets of the estate
to be distributed to the heirs oil
! the decedent or to devisees under
his will.
Appeal from the district court of
Burleigh County, Jansonius, j.
Application by Hattie Clooten, sur
viving wife of Peter Clooten to have
set apart to her the property speci-
fled in Section 1915, C. L. 1918.
Affirmed. Opinion Of the Court
by Christensen, j.
F. E. McCurdy, of Bismarck, n.
d.. for Appellant.
Sullivan. Hanley e. Sullivan, Of
Mandan, N. D., for Respondent.
From Ramsey County
The State of North Dakota,
Plaintiff and Respondent.
VS..
Frank Schuck,
Defendant and Appellant.
SYLLABUS:
l. When unlawful liquor is found
on the premises or in the physical
possession of person, and it is
claimed that the liquor was where
found without the knowledge of such
person. a question of fact arises, to
be decided by the jury, as to whcth-
er the defendant knowingly possess
ed or had control thereof; in the alb
sence of any explanation or evidence
warranting the contrary, it may be
inferred as fact that defendant was
IN conscious possession of such IL
quor.
2. Certain instructions examined
and, for reasons stated in the opin-
ION, held correct, or free from pre-
judicial error.
3. When liquor found in the pas
session Of the defendant is one Of
hose enumerated in the first part of
Sec. !. Chap. 263, s. J.. 1928, that is, |
alcohol, brandy, whiskey, rum. gin,
'cer. ale. porter and wine," the IL |
Iuor is presumed to be Intoxicating
md the state need not prove the al |
,oholic content or that it is fit "for
use tor beverage purposes"
4. If the liquor found in the pos
session OF the defendant be enumer-
tied III the statute as "any spirit
1ous, vinous, malt or fermented H.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
KERR'S CAREER A TRAGEDY
Baseball Owes Much Real Hero of Much Discussed 1919
World Series

The career of Pitcher Dick Kerr
league baseball
Back in 1919 Dick Kerr was Il
member of the Chicago White Sox,
American League pennant winners.
His fine pitching helped win the
title
In the world series of that year
with Cincinnati, the pitching of Kerr
was the one bright spot in the play
of the Chicago White Sox.
Baseball fans will recall that Sc
ries as the one that was "fixcd."
Kerr won two games in the 1919
event, despite the efforts Of some of
his teammates to throw them away.
His courageous pitching added the
flavor of competition to the event.
Otherwise it would have been a rout.
The next spring Kerr, believing
that his work merited ii substantial
raise. asked for it. He didn't get it.
So the pitcher to whom major
league baseball. 'hc American Lea.
que in particular, owed much, was
to drift to the outlaws over
the matter Of a few paltry dollars.
Kerr has applied for reinstatement
and is sure Judge Lands. will grant
it. He then hopes to hook on with
some big league club.
The little southpaw is still the
Of the White Sox but is as
emphatic as ever against playing |
with that club.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
Nebraska
Wrestler Wins

jamestown, n. d., Nov. 18.-Younp
Gotch, Of Nebraska, champion junior
middleWeight, won the first of a
series Of elimination wrestling
matches staged here last night when
he pinned Billy Schober, champion
Of Iowa, to the mat twice the first
fail in % minutes and Is seconds
with double scissors and toe hold
and the third fall of the match with
a body scissors and a double wrist
lock. Schober took the fall in IA
lnfIfhtcs when he forced Gotch to
give up on double toe hold.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
SUPREME COURT
From Mclean County

Wesley A. Cummings, Plaintiff
and Respondent, VS.. W. V. Deleen,
Defendant and Appellant.
: Syllabus: 1. Where plaintiff sold
defendant quarter section of land
and received, as IA part of the pur-
| chase price, transfer Of notes and
real property mortgage of a third
party upon the representation en-
cumbrance Of only 100000, such
representation being untrue and the
prior remembrance exceeding $4,000,
1t is held. for reasons stated in the
opinion.
fa) That there is sufficient evil
dence to support the verdict of the
jury on the questions Of fraud, the
value of the property, both real and
personal. and the insolvency of the
third party who executed the notes
and mortgage assigned to plaintiff.
CD That plaintiff can recover,
as damages, the difference between
the value of what he would have
received, had the representations
been true, and the value of what he
did in fact receive
=. Where the theory Of the
charge to the jury is that plaintiff
must prove that what he received
was worthless or fail, and the de-
PENDANT does not request an instruc-
ton on the theory that plaintiff
may recover as the actual damage
sustained the difference between the
value Of what he would have obtain
ed had the representation been true
and what he actually received, the
error in the instruction, if any, is
without prejudice to defendant and
is waived.
3. Other instructions examined
and, for reasons stated in the opin-
ion, held without prcjudicial error.
4. The weight of opinion evidence
is for the jury and opinions as to
value. even when uncontrovertcd and
are not necessarily con-
elusive.
S. The extent Of the cross exami-
nation Of witnesses is within the
sound discretion Of the trial court.
G.. The cross examination should |
be confined to matters which have
been brought out on direct cxami-
nation.
Appeal from the District Court Of |
Mclean County, before Hon. j. A. |
-offey, Judge.
Affirmed. Opinion Of the Court
" Johnson, j.
j. T.. Nelson, Garrison, N. OAK,
and Scott Cameron. Bismarck, N.
Oak, Attorneys for Respondent. Nc
lee & Goss, Minot, for Appellant.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18

some Apache Indians and they
weren't nothing but hard boiled buns
that needed shave.
GUIDE: And to your left, gents,
IS the greatest of 'em all, Notre
Dame.
FALk: Brother. you said page
full, but don't let anybody tell you
Illinois couldn't give EN- battle.
CNENGROS BORDERING his third
crem dc menthc): What / can't un-
derstand is why YOU guys have all
these statues of Napoleon III. There
was only one Napoleon.
WAITER tin his best Cedar Rapids
French): Whaddamcan. there's only
one Napoleon?
CIV ENGROS: Why. Napoleon La
Jole; now there was bird who could
hit all kinds of pitching and l..
RtEL: l think Ill go down to the
Louvre and see Mona Lisa.
CLANCY: Well, if she's anything
ftt those french James | saw at
MaNim's last night ! wouldn't walk
across the street to see her balance
ships anchor on her left eyebrow.
GUIDE: And to your right. gents.
rs the Eitlel Tower. the highest thing
in France.
MOSTlL registering lofty scorn:
That proves he never tried to buy Il
silk shirt in this town.
GUIDE, (passing historical
square,: And right here on this
very spot King Louis XVI lost his
head.
FABER: Bet anything the girl
was one Of those dizzy blends from
NENT STOP: ROME)
More than 550,OOO,OOO square feet
ot wire screen cloth is consumed
annually IL, tho I'u;tod C+,to.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
TUESDAY, NOVEMBER 10, 1924

quor, liquids and compounds, wheth-
err medicated, proprietary, patented
or not. and by whatever name called
containing one-half of one per cen
tum or more of alcohol by volume,
which arc fit for use for beverage
purposes the state may prove an al
coholic content above the statutory
maximum for enc half of one per
cent and also that the liquor is fit
for use for beverage purposes.
B. Refusal to give requested in
structions, for reasons stated in
the opinion, held correct.
6. Certain rulings of the trial
court examined, and, for reasons
stated in the opinion, held correct.
Z. When no objection is made to
questions propounded to witnesses
for the defense by the trial court,
error can not be asserted on appeal
for the first time by reason of such
questions. For reasons stated in the
opinion, it is held. that there is no
merit in the claim that such ques-
tions were erroneous or prejudicial.
Appeal from the District Court of
Ramsey County, North Dakota, be-
fore Hon. A. G. Burr, j.
Opinion of the Court by Johnson,
J.
Bronson. Oh. j., concurs in result.
Cuthbert & Adamson, Devils Lake,
n. OAK. Attorneys for Appellant.
5. w. Thompson, States ATTORNEY,
Devils Lake, N. OAK, attorney for
Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18

court of Ward County, Moellring, j.,
plaintiff appeals.
Per Curiam Opinion.
Moody o. Eide and Ben E. Combs.
both of Minot, N. D., attorneys for
appellant.
F. 3. Lambert, of Minot, N. D., at
torney for respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
The Nut Cracker
THE BALL PLAYERS SEE PARIS |

THE BALL PLAYERS SEE PARIS
JACKSON: So this is Paris.
McGRAW: Nav. you poor tripc
this Is movie set for the Battle OF
Shiloh and You can expect David
Wark Griffith here any minute now
GOWDY: Wei. how'd YOU boys
like the Latin Quarters
KELLY: So far as I'm concerned
they can keep EN-. And them francs.
too. never could savvy foreign
money anyhow
JENNINGS giving Robins master
piece. The Thinker. the up and
DOWN.: don: know what he's
thinking about but If he was a base
ball man he'd be trying To figure
whether to pitch high or low to Ruth.
YOUNG: Where do they get this
stuff about the French being cccen-
trio? They look all right to me.
FRlSCH: Well, don't forget they
thought Carpenter could beat
Dempsey.
PlCINICH: Aw. this towns the
bunk. ] TAXED five miles to sec
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
From Rurlcigh County

Christ Bertsch, Jr., Plaintiff and
Appellant, vs.. Hattie Clooten, ct al,
Defendants and Respondents.
Syllabus: Under Section S725, C.
L. 1915, it is the duty of the County
Court to set apart ITO the surviving
wife or husband or minor children
all the personal property Of the
tcstator or intestate which would be
exempt from execution, if he we're
living, including all property abso-
lutely exempt and other property
selected by the person or persons
entitled thereto to the amount in
value o. fifteen kandred dollars ac-
ccrding to the appraisemrnt": and
the property SO set apart does not
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
From Ward County

west Branch rants Company,
Plaintiff and Respondent, VS.. Her
man Gordon, Defendant and Appellz
ant.
SYLLABUS:
In the instant case the trial court
made an order, under Section 1854,
c. L.. 1913, for the examination of
the defendant before trial. On the
return day, the defendant appeared
and moved that the order for his
examination be set aside. Defend
ants motion was denied, and he has
appealed. For reasons stated in the
| opinion, it is held that the order
sought to be reviewed is not appeal
able.
Appeal from the district court Of
Ward County, Lowe, J.
Defendant appeals from an order
denying his motion to set aside an
order issued under Section 764l, c,
l.. 1913
Appeal dismissed.
Opinion of the court by Christian
son, J.
Palda L. Aaker. Minot, N. d., at
torneys for appellant.
MCGEE & Goss, Minot, n. D.. at
torneys for respondent.
From Ward County
W. f. Gross, Plaintiff and Ap-
pellant, VS.. Harry Miller and Ida
Miller, Defendants and Respondents.
SYLLABUS:
A motion for directed verdict
Is necessary preliminary to a mo-
tion for judgment Notwithstanding
the verdict
Appeal from the District Court of
Ward County, Hon. John L. Lowe.
Judge.
Reversed.
Opinion of the Court by Nuesslc,
Niece g. Goss, of Minot, Attor-
neys for Plaintiff and Appellant
John c. Coyle, of Minot, Attorneys
for Defendants and Respondents.
From Mountrail County
{ A. Bronson,
Plaintiff and Appellant.
William NJ. Chambers and Les
ter Chambers, Loran Stouts,
Defendants Garnishee.
Alfred N. Olson and Walter
Wales,
Garnishee Defendants and Re-
spondents.
l. The right and interest Of
Judgment creditor who garnishcs, to
and in money owed by the garnishce
and by him deposited with the clerk
OF court pursuant to the statute, is
by the right and interest
of the judgment debtor in such in
debtedncss at the time of the
z. Where contract is ambiguous
and 1T Is impossible to ascertain the
Intention Of the parties thereto
from the writing alone, the subse-
luent acts Of the parties showing
he construction they put upon the
agreement themselves may be look
I'd to by the court
Appeal from the District Court of
Mountrail County, Hon Geo. II.
Hoellring, Judge. From a judgment
or the garnishee defendants the
plaintiff appeals.
Affirmed. Opinion of the Court
" Nuessle, J.
Z. N. Cottinham, Of Van Hook, At
ornev for Plaintiff and Appellant.
r. w. Medbery, of Stanley, Atter-
leE Tor Garnlshec. Defendants and
respondents.
More than 100000 workers are
ow employed in the chemical indus.
~ in italy
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
EXT STOP: ROME)

More than 55O,OOO,OOO square feet
OF wire screen cloth is consumed
in the United States.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18
From Ward County

state OF North Dakota,
G. w. Shank,
Appellant
SYLLABUS:
A person who is driving an auto.
mobile in this state and who volun-
tarlly states to others that such au-
tomoblle contains large quantity
of intoxicating liquor, thereby adj
mits that he is then engaged in the
commission of a public offense
tChapter 81, Laws 1921 and he may
be lawfully arrested by the persons
to whom such statement is made
even though they are not peace Off
GERS tSection 1858, c. L. 1879; and
where such statement is voluntarily
made before arrest and search the
statement and the liquor found in
the automobile upon the arrest, are
not rendered inadmissible in evidence
by Sections ID and Is of the Consti-
tuition of this state.
Appeal from the district court of
Ward County, Geo. H. Moellring, J.
G. w. Shank was convicted of the
unlawful transportation of liouor
and he appeals.
AFFIRMED.
Opinion of the Court by Christian
son, j.
Fisk, Murphy & Nash, of Minot. N.
d.. attorneys for appellant.
Geo. F. Shafer, Attorney General.
Bismarck, N. d., c. Z. Stenersen.
States Attorney, Minot, N. d. and
0. B. Herigstad, Assistant States At
torncy, Minot, N. D., attorneys for
respondent
From Ward County
Fred l.. Anderson, as Receiver
Of Donnybrook State Bank.
Plaintiff and Appellant.
Osborne Mcmillan Elevator
Company,
Defendant and Respondent. !
!. An action properly triable to |
Jury but tried to the court without
A jury is not triable anew in the Su-
Dreme Court.
:. Where in an action properly
.riable to jury the appellant fails
% make any specifications Of error
'r specifications Of insufficiency Of
he evidence. the appeal does not
present to the supreme court the
question of the sufficiency of the evil
ience to sustain the findings Of fact
made by the trial court.
From judgment of the district
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18

George SisIer may decide to again
winter in California. He started his
comeback there last year.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18

bib" Falk's great hitting has
h''ied or the idea of his going back
to pitching for the White Sox,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18

Outside Of Eddie Collins, the vet.
eran Harry Hopper is the best paid
man on the White Sox team.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-11-18

The late Percy Haughton was also
Il star at racquets, and was twice
holder Of the national title,
The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1924-11-10
(continued from PAGE one)

army Industry
tain its Complete be estab
participate
and control committees established
ORGANIZE THE YOUNG WORKERS. millions young
this end the labor them
hveday
work. industries, minimum
control of apprentice schools The
the greatest potential power O.
NAToNALIzE THE MINES AND RAILROADS. long
basic industries
their manipulating the workers.
long
will continue suffer exploitation industries
naionaized control Of operation
FREE LA6oRs PRISONERS OF WAR. The capitalist dictatorship
relies
One of its
the prisons of the country back this
with action.
REPEAL THE ANTLLABoR LAWS. The syndca-
ism laws the nothing
demand must be made turnout the for their
release Of their victims.
by the capitalists particularly fosnborn
workers
of deportation The
struggle to stop the deportation of
FIGHT AGAINST THE KU kIUx The X K, the Amer
Legion similar bodies by the
Of all such organizations the
bat their influence everywhere.
THE PANAMERIcAN FEDERATION OF LABOR MUST BE
MADE AN ORGAN OF ANTEIMPERIALIST AND NOT
AS NOW, AN INSTRUMENT CAPITALISTS FOR
sU5JUGAToN OF LATINAMERcA Capitalism obtains much of its
exploit the thru its still exploitation
the semcoona cutres Gompers
psm The PanAmercan changed into an or
struggle against Imperialism
HANDS OFF CHINA going on in China which
fundamentally struggle Of the Chinese