davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
What This Buffalo Physician
Has Done For Humanity

The picture which appears here of
Dr. Pierce Of Buffalo, N. Y, was TAX
en- in 1910. AS young man DR..
Pierce practised medicine in Pennsyl-
vania and was known far and wide
for his great success in alleviating
disease. He early moved to Buffalo
and put up in rcady-to-use form, his
Golden Medical Discovery, the we'll
known tonic for the blood. This
strength builder is made from a
formula which DR.. Pierce found most
effective in diseases of the blood. 1t
contains no alcohol and is an extract
of native roots with the ingredients
plainly stated on the wrapper. Good
red blood, vim, vigor and vitality are
sure to follow if you take this Al
terative Extract. DR.. Pierce's Col
den Medical Discovery clears away
pimples and annoying erupL!ons,
tends to keep the complexion fresh
and clear. This Discovery corrects
the disordered conditions in sick
stomach, aids digestion, acts as a
tonic and purifies the blood. Write
DR.. Pierce's Invalids Hotel in Buffalo,
y. Y, and receive confidential med
zeal advice free. Send 10c for trial
pkg. tablets. All druggists sell Dis
covery, tablets or liquid.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
DEMPSEY SPOOFING THE FOLKS
WHEN HE TALKS OF RETIRING

Johnny kiibanc talked of retiring.
The Cleveland featherweight even
went so far as to pick out potcn-
tial successor in the person of Jack
Wolfe. Then along came u promoter
and offered him 100000 cash money
t. take on Danny Frush of Balti-
more. ki!bane accepted so speedily
the promoters head started to swim.
Dempsey may retire but he will
have his fingers crossed. A retired
champion" is always interesting. The
bugs insist on comparing him with
the current notables. This makes
the retired champion" very valu-
able box office attraction.
Dempsey at least realizes that his
talk of ''retiring' is doing him no
harm and may be doing him "a lot
of good.
Like all other champions Dempsey
will "retire" when solemn faced
gent in white flannels stands over
him and counts him out.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
Florida Is Urged
To Protect Fish
State Legislation Is Needed IL
Beautiful Sailfish and
Heroic Tarpon Are to Sur
vive
BY MORRIS ACKERMAN
Noted Fish and Game Authority

Florida, the winter mecca of the
hunter and the fisherman, needs
some immediate new laws governing
those two great sports.
The influx of visiting sportsmen
in Florida each winter is greater
than any othe" state in the Union.
Why? Well there are several rea-
sons.
Three of the most important are
the climate, fish and game.
To what extent the latter two rea-
sons control this influx is left to
conjecture. If l may be permitted a
guess, l would say at least SO per
cent.
Such being the case, Florida may
we'll heed the future of it's animals,
birds and fish.
The sea fishing on both coasts of
Florida is prolific and wonderful, a
real attraction to the lover of the
deep-sea sport.
The beautiful sailfish and mighty
tarpon should survive for long
time to come. The barracuda, am
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
pressing. He was trying too hard to
repeat as the leagues leading bats

pressing. He was trying too hard to
repeat as the leagues leading bats
man.
Ira Thomas, brainy catcher when
with the Philadelphia Athletics, has
failed to deliver as a minor league
manager. He's turned scout.
Copyright, 1924, NEA Service, Inc
DECISIONS OF SUPREME COURT
From Burleigh County
County of Burleigh, munich
pal corporation,
Plaintiff and Appellant
vs..
Standard Oil Company of In
diana, foreign corporation,
Defendant and Respondent.
and
County of Burleigh, a munich
pal corporation,
Plaintiff and Appellant.
VS..
International Harvester Com
pany of America, foreign
corporation,
Defendant and Respondent.
1.-TWO Cascs).
/. Section 21lO of the Compiled
Laws OF North Dakota for 1919, as
amended by Chapter 221 Of the Laws
of 1919, Chapter 10 Of the Laws of
1921 and Chapter 305 Of the Laws Of
1923, provides for the taxation Of
the corporate excess of domestic cor
porations, or the value of the corpor-
ate stock, over and above the value Of
the real and personal property and
is not applicable to foreign corpora
tions.
,. Foreign corporations which pre-
sumptively have been taxed from
year to year upon their real and per-
sonal property within the state dur
ing the assessment period, are not
subject to taxation as upon "corpor-
ate excess, under the statutes refer
red to in paragraph !, upon the
amount of capital employed" with
in a given taxing district.
Appeal from the District Court df
Burleigh County, Hon. j. a. Cotfey,
Judge.
AFFIRMED:
Opinion of the Court by Birdzell,
!.
+. S. Allen, States Attorney, and
r. o. Hellstrom, Bismarck, Attorneys
for Appellant.
O'Hare d. Cox, Bismarck, Conmy,
Young e. Burnett, Fargo and c. W.
Martyr and f. f. Packard, Of Counsel,
Chicago, Illinois, Attorneys for Re-
spondent Standard Oil Company.
Zuger e. Tilotson, Bismarck, and
Z. R. Lewis, of Counsel. Chicago, H.
inois, Attorneys for Respondent In
ternational Harvester Company.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
From CaSS County

Emblem State Bank, domestic
corporation,
Plaintiff and Respondent.
A. W. Schulze,
Defendant and Appellant.
SYLLABUS:
In an action upon prOmissory
note, where the plaintiff proved the
purchase of the note for value before
maturity, and the defendant defend
ed on the ground that the instru-
ment had been transferred in breach
of faith and in violation of the terms
of written agreement to return
the same upon demand, it is held, for
reasons stated in the opinion, that
declarations by and communications
between the payce and the maker in
the absence of the plaintiff were pro-
perly excluded as hearsay.
Appeal from the District Court Of
Cass County, Hon. A. T. Cole, Judge.
AFFIRMED:
Opinion Of the Court by Birdzell, J.
W. j. Courtney, Page, N. Oak, At
torney for Appellant.
Fowler, Green & Wattam, Fargo,
N. Oak, Attorneys for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
Sports
Ashley Player
Makes II Field
Goals in Game

Ashley, n. D., Dec. 3.-Thc Ashley
basketball team defeated Pollock, 6S
to l, in il game here Friday. Ashley
put up a fine defense, the Pollock
basket shooters getting but one short
try for the basket. Doerr at forward
and Wohl at guard were the out
standing Ashley players. The Ash
Icy lineup was: forwards. Doerr and
Forrest; center, Ncssel; guards, Lip
pert and Wohl. Docrr made II field
goals Ashley previously defeated
the Institute GO to -
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
The Nut Cracker

ALL-AMERICANS NO. 3 (Fighting)
Willie the Walrus: Who refrained
from Boosting that he had once
shaken the hand Of guy who knew
one of the principals in the wind
up.
Dumb Dan Flaxweed: Who, in in
PRODUCING his meal ticket to the
sporting editor, neglected to add
that he was the "best kid in the
world at his weight, bar none"
Col. Simon L. Cobwebs: Who saw
Sullivan and Kilrain fight and yet
admits right now that Dempsey
could have murdered either of them.
) One-eyed Conklin: Who crashed
the gate at, the big fight Of the year
and then asked newspaper men not
to mention it in the papers.
Red the Announcer: Who elimina-
ted all formality and spoke his true
feelings to the crowd as follows.
"Say, boobs, the next. bout is be-
tween a couple Of scIowns and if it
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
From Eddy County

Security National Bank Of Fargo,
North Dakota, a corporation, Plain
tiff-Appellant, VS.. T. NJ. Mattson, ct
al, Defendants, p. H. Mattson, De-
PENDANT Respondent.
SYLLABUS:
In an action upon 4 promissory
ncte, given in renewal of a former
note and held as collateral security
by plaintiff bank, where the defense
was asserted that the renewal note
was expressly delivered with the
agreement and understanding Of
both the payee and plaintiff, as hold :
er thereof, that the note should not
be effective unless q certain life in
surancc policy was delivered, it is
held, for reasons stated in the opin-
ion, that the trial court properly
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

make any agreement or arrangement
with respect to their property as
they see fit and to give to fixtures
the legal character Of realty and
personally at their option; and il
the arrangement is such one as
would make the property personal
property as between the parties, it
is personal property, and may be So
, treated.
, OBJ For reasons stated in the
opinion, it is held, that there is suf-
fieient evidence in the record to
support a finding that the furnace
was installed in the house under an
agreement, between plaintiffs grant
or and the vendor of the plant,
whereby the title thereto remained
! in the vendor until the furnace had
| demonstrated it's capacity to heat
the house to the satisfaction to the
vendee.
.. An agreement to give fixtures
the legal character Of pers onality
avails as against the purchaser of
the land, with actual or construc-
tive notice of the agreement.
8. Actual notice consists in eX-
press information Of Il fact; a per-
son is deemed to have notice Of a
fact when he has actual notice Of
! circumstances sufficient to put a
prudent man upon inquiry as to the
existence Of such fact, and who
omits to make inquiry.
4. For reasons stated in the opin-
ion, it is held, that it was error to
withdraw testimony from the con-
sideration Of the jury tending to
show constructive notice of the
agreement that title to the furnace
should not pass to the vendee, plain
tiff's grantor, until after satisfact-
DRY trial OF the plant.
Appeal from the District Court Of
Pembina County, N. OAK, Hon. c.
Opinion of'the Court by Johnson,
W. Buttz, J.
j.
Opinion of the Court by Johnson,
J.
Affirmed.
J. E. Garvey, Cavalier, N. D., At
torney for Appellant; H. c. DePuy,
Grafton, N. d., Of Counsel
Thomas d. Stack, Walhalla, N. d.,
and Gray & Myers, Grafton, N. d.,
Attorneys for Respondent.
From Mountrail County
Ella M. Schlak, Plaintiff and Re-
spondent, VS.. Max C.. Schlak, Defend
ant and Appellant.
SYLLABUS:
/. In awarding the custody OF
children in q divorce action, their
welfare is the paramount consider
alton.
2. Where the defendant father
has farm home and all the boys
express strong desire to remain
with him, it is held, that it does not
appear that their welfare would be
promoted by transferring their Gus
tody to tie mother, where it does
not appear that she has home to
which to take them or what her
plans are. M
3. For reasons stated in the opin-
ion, the alimony ward Of the trial
court is modified.
Appeal from the District Court OF
Mountrail County, N. Oak, Hon.
John G.. Lowe, j.
Opinion of the Court by Johnson,
].
Modified and Affirmed.
F. +. Wyckoff, Stanley, N. D., At
torney for Appellant.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
Named End ON
Au-State Team

Phil Boise, son Of Mr.. and Mrs.
4. G.. Boise OF Bismarck, end on the
North Dakota Agricultural College
football team, has been named end
on the mythical all-statc team pick
ed by Jack Horncr, Fargo sports
follower
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Marcel Sembalt, with 80 winning
mounts, beat Guy Garner, American
rider, with SO, out OF top position on
the French turf this year.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

The Chicago White Sox must plug
up the weakness at short, if the
club is to improve its position in the
race next season.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Al Brown, the Harlem flyweight
is taller than any fighter IN the
game, with the exception of the full.
Pledged heavyweights.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Charley O'Connell Of Cleveland is
being groomed to replace Benny
Leonard in Billy Gibson's fighting
stable.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

} aE%SallS
Says

The Walter Johnson case has de-
velopcd Il new angle.
Purchase of the Oakland Pacific
Coast League club fell through be
cause at the last minute the money
men failed the star pitcher.
Since then, any number Of offers
have been made Johnson to take over
prominent minor league clubs on Il
profit sharing basis.
Clarke Griffith, owner OF the Wash
inCton club. was known as the "Old
Fox in his playing days. He didnt
get that title for being dumb.
Apparently Griffith doesn't intend
playing Santa Claus to some minor
league club by handing them Walter
Johnson as holiday gift.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Twenty-Five million herring were
Landed recently at Lowestoft, Eng
land, in two days.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Forty domestic servants recently
left England for Canada in response
to appeals.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Mike McTight: Who explains his
refusal to defend the title on the
ground that he is not anxious to go
back in the boiler factory.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

u Cobb believes Heilmann's slump
III hitting last season was due to
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
sp{Q3IBgfSS5@SQRlS

A recent chess tourney in New
York drew S13,509 in admissions.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
THE BISMARCK TRIBUNE

submitted Ito the jury the issues
whether the plaintiff was holder
in due course and whether the re.
ncwal note was in fact conditionally
delivered.
Action in District Court, Eddy
County. Jansonius, j.
Action upon a promissory note
From Il judgment in defendant
Mattson's favor plaintiff has ap.
pealed.
Affirmed.
Opinion OF the Court by Bronson
Oh. j.
William Maloney and Lemke &
Weaver, Fargo, n. D., Attorneys for
Plaintiff and Appellant.
Knauf & Knauf, jamestown, N
D., Attorneys for Defendant and
Respondent.
From Pembina County
". J. Newell. Plaintiff and Appel
ant, VS.. William McMurray, Defend
ant and Respondent.
SYLLABUS:
!. In a conversion action to re-
cover the value Of furnace removed
from a house situated upon real
property which had been, prior to
such removal, conveyed to the plain
tiff, it is held:
(a) Parties are at liberty to
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

E. r. Sirkler and G.. o. Brekke,
Minot, N. D., Attorneys for Respond
ent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

81 want to see johnson better him.
self" says Griffith, but want to be
perfectly satisfied that he is doing
so before | hand him as Il tasty bit
of dessert for some minor league
club"
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

READ TRIBUNE WANT ADDS.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Snappy Simplcton: Who. though
knocked out by some of the games
worst fighters, never smiles idioti-
cally at the fans after taking a
clout on the whiskers.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
BY NEA Service

New York, Dec. 9.-Thc hint that
Jack Dempsey will retire within the
next year without again donnng the
gloves is not taken seriously either
by the experts or his intimate
friends.
Dempsey is too good Il business
man to deliberately throw away
$4,000 1t is almost a cinch that
he would get that much for stepping
into ring with a worthy opponent.
Dempsey's intimation that he
would like to share with Jack Nc
Auliffe the honor of being an un-
beaten champion sounds very pretty.
but doesn't mean anything. When
McAuliffe retired the promoters
were not hanging up fabulous pur-
SeS.
Most all the champions prattlc
about retiring undefeated. jim JEFF
fries retired but came back to rake
in q purse of SOL 900 and Il terrible
lacing from Jack Johnson.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Cannonball Chase: DISTINGUISHED
reformer who confided privately
that he had nothing against boxing
but just must keep his name in the
headlines.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Washington won the American Lea
que pennant last season, then follow
ed it up by capturing the world ser
les.
Literally, in baseball, there is moth
ing for the Washington club to shoot
at.
AS world champions they must
again win the pennant to equal their
deeds of 1924 and then repeat in the
series. That is some task.
1t must. be evident to Manager
Harris and Owner Griffith that they
face serious problem if they are
to satisfy the Washington public
with another win.
Washington was not the strongest
club in the American League last
season. Its victory, a boon to base
ball, rather came in the nature of a
surprise to followers of form.
Fight, more than any one other
thing, won the big honors of 1924
for Washington. 1t was club that
willed it was going to win, then did
it.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Wisecracking Benny: Who failed
to pipe up, you're wanted on the
telephone, O'Brien,' when O'Brien
found himself being punched in over
the ring.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Next to fight, good pitching played
it's part in the success of the Ma
tionals. Walter Johnson was the
ace of the staff. Therefore it IS not
at all surprising that the Washing
ton club is Il bit selfish about the
services of Johnson.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Pitchers who can win in the
Reighborhood OF % games Il yeal
are not gotten through the mere ask
ing.
Johnson is such IA type pitcher
Despite Is years of strenuous ser
vice, he is still tough bird to beat
when he is Tipping them in his best
style.
Washington's pitching staff with
Johnson playing his usual role OF
ace is at best uncertain. With John
son among those missing, it is not
difficult to recognize the plight OF
Manager Harris.
Johnson is the property OF the
Washington club until it no longer
wants him nor does any other Amer
lean League club.
When such situation arises, q
player who has served 10 or more
years is entitled to his unconditional
release. The status of Johnson is
entirely different. Every major lea
que club would welcome his services
Therefore it is easy to see why
Owner Griffith is SO solicitous as to
where Johnson lands in minor league
dom.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09

Spider Webb: Celebrated referee
who flew in the teeth of custom by
refusing to wear a pair Of white
flannels in the ring.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09


Ira Thomas, a brainy catcher when
with the Philadelphia Athletics, has
failed to deliver as minor league
manager. He's turned scout.
Copyright, 1924, NEA Service, Inc.)
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-02-20
AUTO OWNERS
BEWARE OF
POISON GAS

Four rules for protection against
! deadly effects of poisonous gas, car
bon monoxidc. always present in cX-
| haust from gas-drivcn engines, is.
sued by U. S. S. Bureau Of Mines:
NEVER run automobile engine in
closed garage; OPEN DOORS WIDE.
NEVER crawl under car with en-
gine running, EVEN if car is in open
air.
NEVER sit in closed car with en-
CINE running, EVEN if in vcnti-
lated garage.
NEVER sit in closed car with en-
CINE running and all windows shut,
EVEN if car is in open air; always
have windows open.
Pittsburgh, Feb. $3.50 many
deaths from carbon monoxidc, gas
present in the exhaust from auto
mobiles, have OCCURRED throughout the
country during the past few months
that the Pittsburgh station. United
| States Bureau of Mines, has been
prompted to call the attention Of the
public to its danger.
Seldom day passes at TINS season
but the death of one or more per-
sons is recorded. Fatalities arc par
titularly noticeable in the natural
gas belt Of Pennsylvania, Ohio and
West Virginia, while deaths from the
exhaust gas of automobiles are in
cIeasing. Carbon Inonoxide is given
of in quantities by burning natural
gas, while it is practically always
present in exceedingly dangerous
quantities in the exhaust from gaso-
line engines.
Thousands of houses in the natural
gas belt have no flues for carrying
off waste gases, which, in such cases.
pass off into the. room where the fire
is burning. If all windows and doors
are closed, as they may be in cold
weather when gas is being consumed,
the effect sooner or later becomes
apparent on the occupants. They be-
come dull and sleepy and, if not
aroused, may pass into unconscious
ness and eventually die.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-02-20
AT THE CAPITOL

Baby Peggy, the little youngster
who is. entrusted with the starring
role in THE Darling of New York, !"
the Uniyersal-Jewel production to be
played at the Capitol Theatre to-
night, has the faculty of being the
same natural child in front of the
camera that one would imagine her
elsewhere. ~
She is just charming little girl
at play. It doesn't seem as though
she were acting. This is = matter
of skilled direction and the fact
that the. child is too young to be
affected ,temperamentally by the re-
sponsibility that rests on her, as
we'll ss natural ability.
She occupies the center of inter
est in an unusually colorful melo-
drama in this Universal production,
which is her first feature-length
starring vehicle. The picture has
been handled. in such way that
there is scarcely scene in the play
that does not actually show the child
or reflect her presence through q
title.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-02-20
Pioneer Association To
Hold Annual Meeting

The annual meeting of the Burleigh
County Pioneer Association will be
held at the Grand Pacific hotel, We'd
nesday evening, Feb q. The Off
GERS of this association are: Pres
ident, Col. E. A. Williams; Vice
President, Henry Reade; Secretary
Treasurer, Mrs. William A. Falconer.
Officers Of the association desire
that all who are eligible register and
attend this banquet. All who have
resided In the county for period Of
twenty-five years are eligible to
membership in this association.
There are number who have been
born and reared in Burlcigh county
and who still reside here who have
not come into the association and
the officers announce that the or
,ganization is for these and the asso-
citation is anxious that these enter
and be present at this meeting.
The committee on arrangements
are working on a splendid program
and hope to make this one of the
most successful affairs yet held by
the Pioneer Association.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-02-20
Alaska To Have
Fast Train

4nch orage,> Alaska, Feb. 90. -
The governments Alaska Railroad
next summer will operate a train
faster than the regular one, call
ing it the Mckinley Park Limit
ed" the management announces.
The train will run from Seward,
the tidewater terminal, to Nc
kinley Station, where Mount Nc
kinley may be viewed.
Extra sleeping cars are to be at
tached to all through trains on the
railroad, which has been designat-
ed "The Mckinley Park Route"
Stopovers will be optional, instead
Of compulsory as heretofore.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-02-20

This is q scene from the play
Dudley" which is to be presented at
the auditorium on March 4 by the
senior class, of Bismarck high school.
This play has received very favor
able comment from dramatic critics.
II is regarded as being one of the
seasons best comedy successes. 1t
is true, typically American and very
well written. Midway between So
cial and domestic comedy. "Dulcy"
is full of clever situations, arising
out of the effNts of stupid young
wife to make all those around her
happy. The climax of her ingenuity
is reached in an attempt to help her
husband carry through a big bust
ness deal. She invites Mr.. Forbes,
millionaire with whom her husband