davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
Supreme Court
Decisions
From Burleigh County

State of North Dakota ex rel II.
X. Craig, Plaintiff and Appellant,
VS.. North Dakota Workmen's Com
pensation Bureau, ct al, Defendant
and Respondents.
Syllabus: Certiorari will not lie to
review finding Of the Workmen's
Compensation Bureau as to matter
of fact within, and not touching, it's
jurisdiction.
Appeal from the District Court of
Burleigh County, Hon. Fred Jansoni-
Affirmed. Opinion of the Court
by Nuessle, j.
L. j.. Wehe, Of bismarck, Attor-
ney Tor Appellant.
Scott Cameron. Of Bismarck, Attor-
ney for Respondents.
From Stutsman County
A. L. Kavely, Plaintiff and Re
spondent, VS.. A. F. Klenk, ct al, De-
PENDANTS. A. F. Klenk, Defendant
and Appellant. !.
Syllabus: l. Where, in sale of
specific goods, there is no reserva-
ton Of title and possession is un-
conditionally taken by the vendee,
title to the property passes to the
vendee at the time of the contract OF
sale, under Rule I, Sec. 10, Chap. 2O2
s. L. 1917, the Uniform Sales Act,
and chattel mortgage, executed ny
the veldor subsequent to such con-
tract Of sale is wholly abortive.
2. For. reasons stated in the opln-
ion, it is held that there is.no EVIL
dence on which to base a finding tnat
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
From Wells County

Grace f. Phillips. plaintiff and APP
penant, VS.. Meta B. Phillips, us ad-
ministratrix Of the Estate of H. II.
Phillips, Deceased, ct al, defendants.
First National Bank of Harvey,
North Dakota, a corporation, Re-
spondent.
Syllabus:
/. An insolvent debtor may Sc
cure one or more creditors IN pref
erence to others, and the mere TACT
that he does so. does not render the
transaction fraudulent AS to the
creditors not preferred.
2. A stranger may not attack col
latcraily Il transaction with cor
poration on the ground that 1t Is
ultra wires; such attack can b" made
only bv the sovereign authority in a
direct proceeding.
3. Chapter 10. G. l.. 1921, was en-
| acted to safeguard general assign
mcnts for the benefit of creditors in
the interest of economical and far
distribution, and not to prevent IN
solvent debtors from paying or Sc
curing one or more creditors IN pref %
erence to others.
q. p. IAN insolvent debtor. gave a
mortgage. Il quit-claim deed, ana a
bill of sole to defendant to secure
the defendant and certain other
creditors to the exclusion OF other
of the nsolvent's creditors. Held
the transaction was a preference OF
the creditors secured within the con
temptation of Section 1918, c. l.. 1913
and not an assignment for the bene-
fit Of creditors within the purvie"
of Chapter 10 S. l.. 1921.
Appeal from the District Court OF
Wells County, Hon. Fred Jansonius
Judge. From an order sustaining ;
demurrer to the plaintiffs complaint
plaintiff appeals.
Affirmed
Opinion of the court by Nuessle, j
Hopes L. Lanier, of Darlington
attorneys for appellant.
John o. Hanchett of Valley City
attorney for respondent
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06

on the ground that the accident did
not arise in the course Of employ
ment. or upon any other ground GO
ing TO the basis of the claimants
right
From a judgment of the District
Court of Richland County, Mckenna,
j., the defendant, North Dakota
Workmens Compensation Bureau,
appeals.
Reversed
Opinion Of the court by Christian
son, Oh. J.
Scott Cameron, of Bismarck, N. d.,
attorney for appellant
Lemke & Weaver, of Fargo, N. d.,
attorneys for respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
From Ward County


A. O. Lindstrom, Plaintiff and APP
pellant, VS.. A. S. Spicher. as Sheriff
of Ward County, North Dakota, and
Ward County, North Dakota, pub
lie corporation, Defendants and Re-
spondents.
Syllabus: ."
!. Where taxes assessed against a
stock Of merchandise are past due
and unpaid, on a SALE. in bulk OF
such merchandise the county to
which such taxes are payable is q
creditor within the meaning of that
term as used in the Bulk Sales Act
Sections 7224-7227 inclusive, c. l.
1919 and entitled to the protection
and benefits afforded by the act.
Appeal from the District Court
of Ward County, Hon. Jno. L. Lowe
Judge.
! Affirmed.
Opinion Of the Court by Nuessle
II. F.. Hielke, Ryder, N. Oak, l.. J
Palda, Jr, G. ID. Maker and c. +.
Brace, Of Minot, N. d., attorneys fol-
| appellant.
George F. Shafer, Attorney Gen
cral and George |. Rienestad, AS
s;stant Attorney General, of Bis
marck, and Robert II. Bosard, AM
| Dickinson & Johnson, of Minot, at
| torncys for respondents.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
Armour Veribest
Bests StatehOusc

Armour Creameries' ''Veri best"
kitten ball team made a grand and
glorious start in the game when they
defeated the Capitol team last night
on the william Moore grounds in
their first game. The score was ii
to 4.
Twenty men from Armours were
out.
Three teams have been organized
at the Creamery. They are the
Very Best, The Shield. and the
Glover Boomers, the last girls
team.
There are now five kitten ball
teams in the city league.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06

and John Thorpe. assistant attorney
general, Bismarck, N. D., attorneys
for respondents.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
From Richland County

Standard Oil Company, corpor-
alton, plaintiff and appellant, vs..
VIM. J. Braun, defendant and 1e-
spondent.
Syllabus:
In an action in claim and delivery
for the recovery of a certain build
ing, it is held for reasons stated in
the opinion that the trial court was
correct in holding that the building
had become part of defendants real
ty, and that plaintiff might not re-
cover possession thereof in claim
and delivery.
From Il judgment of the district
court of Richand county, Wolfe, j.,
plaintiff appeals.
Affirmed.
Opinion of the Court by Chris
| tianson, Oh. }.
Conmy, Young & Burnett. Of Fargo
North Dakota, for appellant.
! Lauder & Lauder, Of Wahpeton
North Dakota, for respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
From Richland County

Sam Crandall, plaintiff and re-
spondent, VS.. North Dakota Work
mems Compensation Bureau, defend
ant and appellant.
Syllabus:
The District Court is without iur-
isdiction to entertain an appeal from
the Workmen's Compensation Blu
reau. under Section II, Chapter 1862
Laws 1919 lWorkmen's Compensation
Act unless, and until, such Bureau
has taken final action in the matter
denying the claimant the right "to
participate at all in the Worl:men's
Compensation Fund on the grouno
that the in ury was self-inIlicted, OF
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
Original

State of North Dakota, ex rel.
Harry Smith (alias Wyley MullenaX),
Petitioner, VS.. John Lee, as Warden
of the State Penitentiary, Respond
ent.
Syllabus:
!. The Writ of Habeas Corpus can
be invoked only when petitioner is
confined without jurisdiction.
2. In the case 1T bar, the court
had jurisdiction of the oftense and
of the defendant, hence Habeas Cor
pus does not lie.
Petition for Writ of Habeas Cor
puS.
Writ denied. NJ.
Opinion of the court by Burke, J
F. O. HeIlstrom, Esq, Bismarck
N. d., attorney for petitioner.
Geo. +. Shafer, attorney general
and John Thorpe. assistant attorney
general, Bismarck, N. d., attorney:
| for respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06

From Ramsey County
State of North Dakota. plaintiff
and respondent, VS.. Mike Fahn, de
PENDANT and appellant.
Syllabus:
/. Where the sufficiency of the
Evening star., 1925-06-07

University came to Portland to ex-
anime candidates for the newly found
ed institution. Young Hoover, now II,
thought himself ready, and entered the
lists.
Unfortunately, in his absorption
with technical ideas, he had not fore
seen that he must prepare himself in
grammar and rhetoric. He would have
failed had not Prof. Swain, like the
mining man, seen his real quality. He
was attracted to Hoover by the evident
strength of his will
''He put his teeth together and his
whole face and posture showed his
determination to pass" Prof. Swain
later said
He made inquiries about the young
fellow, invited him to visit him at his
hotel and determined to help him-a
determination which was not weakened
by the discovery that Hoover, like
himself, had been raised a Quaker
Swain later became president of
Swarthmore College).
X n X X
IN the end he arranged for his
protege to study the rest of the
Summer to meet the literary require
nnents, and assured him that il he
would come early TO Stanford for some
extra coaching he would be able to
gain admittance.
Hoover was one of the very first
students to enter Stanford He was
conditioned in English, and 1t is fact
that he didn't get the required credit
until he was nearly ready TO graduate.
Evening star., 1925-06-07

everything he told her and as a re.
suits he turned out a good picture
with her."
That" I remarks, don't explain
no $4,000 week to me. The woods
must be full of dumbdoras that obey
orders and lots of 'em is still wearing
cotton stockings
Very true" admits High Dome,
"but along about the time that this
baby we're talking about busted into
the game she run UP against a slick
press agent and she done everything
he told her, also including collecting
a lotta divorces and marriage licenses
and getting pinched for lctta things
that ront-paged her into the papers.
They amt movie actress in the
world that's hit the public in the eye
at the breakfast table and in the SUBJ
way coming home in the evening
more often than this Jane. And that's
the answer to the jam at the gate
when she's on the BILL"
X y
UTF she pulls in the big jack at the
ticket choppers" I asks, why
amt 1t possible that she is getting
$40 900 a week."
For good reasons" replies Finne-
gan. 1.-The movie folks amt paying
out that kinda money. Those boys
don't never give themselves the
worst of 1t and an even break with
them is the worst OF 1t as far as they
is concerned
Evening star., 1925-06-07

to make of yourself?" was a very nat
ural question for the mining man to
ask. But it was not one that could
be easily answered. Herbert Hoover
anticipated going to a Quaker college
after he had finished his preliminary
schooling. But beyond that
THE visitor spoke of the value of a
profession. He discoursed upon
mining, and, naturally, mining engi-
neering became a topic of converse
ton.
The idea of being a mining engineer
appealed to young Hoover. Evidently
the other saw in him tendencies which
would find vent in such a career.
But you will have to get a uni
versity training" he said, and he ex-
planned the difference between the ac-
tivities of a small college and a uni
versity.
How would you like to go up to my
mine with me?' he asked.
Herbert Hoover, fascinated, would
have given anything to go, but Grand
father Minthorn wouldn't give his con-
sent. So the stranger went on alone.
But the orphan was not to remain
long at Newburg. Very shortly he
ran away" although with the consent
of his other relatives. He went to
Salem and then to Portland, Greg,
where, while working to support HIM
self. he studied with the view of ad-
mittance to a university for a course
In science.
In 1891 Prot. Swain of Stanford
Evening star., 1925-06-07
One of the Slowest of Races.

he field a mile square, the finish
being at the opposite side. When the
competitors are lined up and the sig
nal is given the fun begins. Despite
the efforts Of the riders, the majority
of the oxen refuse to head toward the
opposite mark, and as spectators are
allowed in the field and are at liberty
to do anything they wish to interfere
with the rider except touch him or
his mount, the difficulties of the race
are not inconsiderable.
Oxen are not excitabIe beasts as a
rule, but the shouts of the spectators
and the efforts of the riders soon re-
duce them to state of complete be-
wilderment. It often happens that an
hour has passed before one of the
oxen is ridden under the wire"
But when once the task Is accom-
plished, the winning rider Is fully re.
paid for his pains. His OK is deco
rated with garlands and flowers, and
the lucky owner receives q small
money prize. The honor which the
victory brings is the great thing.
Evening star., 1925-06-07

But, as I say, we decided to go early
in the morning. Charlie Jones, the
railroad man, said that he remember
ed how when he was a boy, up in Wis
consin, they used to get out at 5 in
the morning-not get up at 5, but be
on the shoal at S. 1t appears that there
Is a shoal somewhere in Wisconsin
where the bass lie in thousands. Ker-
min, the lawyer. said that when he
was a boy-this was on Lake Rosseau
they used to get out at 4. 1t seems
there Is shoal in Lake Rosseau
where you can haul up the bass as
fast as you can drop your line.
T HAVE mentioned that Kernin is a
lawyer and Jones a railroad man
and Popley a banker. But 1 needn't
have. Any reader would take it for
granted. In any fishing party there
is always a lawyer. You can tell
party that has a landing net and a
steel rod in sections with a wheel
that Is used to wind the fish to the
top of the water.
And there is always banker. You
can tell him by his good clothes.
Popley, in the bank, wears his bank
ing suit. When he goes fishing he
wears his fishing suit. It is much
the better OF the two, becuase his
banking suit has ink marks on it
and his fishing suit has no fish marks
on 1t.
AS for the railroad man-quite so,
the reader knows it as we'll as I do
you can tell him because he carries
a pole that he cut in the bush him
self, with a l0-cent line wrapped
around the end of it. Jones says he
can catch as many fish with This
kind of line as hernin can with his
patent rod and wheel. So he can,
too. Just the same number
Our arrangement TO go fishing was
made at the little golf club of our
Summer town on the veranda where
we sit in the evening. The thing
somehow seemed TO fall into the mood
of each of US. Jones said he had been
hoping that some of the boys would
get up a fishing party. 1t was ap-
parently the one kind of pleasure
that he really cared for. For myself
I was delighted to get in with a
crowd of regular fishermen like these
Evening star., 1925-06-07
The Hardest Wood.

| IGNUM-VITAE, the vital wood, or
wood of life. which is found in the
West Indies and some other parts of
the tropical Americas, is said to be the
hardest wood nature produces.
The reason why this wood is so tough
is in the. arrangement of its fibers.
Instead of being straight, they weave
back and forth, crossing and recross-
ing, like the weave of an automobile
tire. Another peculiar feature of this
wood is that when the tree is cut, the
sap cells fill up with a very heavy
rosin, which causes it to weigh about
80 pounds to the cubic foot. 1t is one
third heavier than water. and so while
excellent for many uses it would not
make a good raft.
1t is used for carpenters mallets.
as 1t is so tough that 1t will not split
from hard usage, and it is also en-
ployed for tool handles.
OF the wood growing in this coun-
try the hickory is generally supposed
to be the hardest, but for making
mallets and other uses where gFsaS
toughness is needed. it will not stand
one-half as hard usage as does Iignum-
vitae.
Evening star., 1925-06-07

Her ankles, I understand, are just
about as thick as her waist and the
same shadow trick has to be worked
to cut off about half Of 'em when it's
necessary to show that she's got
ankles at all. Her double chin's paint
ed red when she works, and that
photographs black and knocks one OF
the chins off,"
What" I asks, do they do about
her cross eyes?'
"She doesn't happen to have a set
of Turpins," says High Dome, but
there's a lotta belladonna and other
dope in them poppy lamps you see In
the picture houses"
why" I inquiries, "did the movie
folks go to all. the trouble to develop
total loss like that when the woods
are full of gals that's got decent
ankles and pretty fair looking mitts?
How'd they happen to start with a
minus zero like that to begin with?
Did she see one of them movie mag.
nets commit a MURDER"
Nope" says Finnegan, but she
was brought onto the lot in the first
place by a lad that was in right with
the magnets. A place hadda be made
for her, and this friend Of mine was
so fed UP with the flock of high-tem-
pered stars he was fighting with at
the time that he was glad to take on
dumbdora that couldn't talk back on
account of not being able to think fast
enough to carry on conversation
with suffering snail. She done
Evening star., 1925-06-07
Beauty and Salaries in the Movie World,
Declares Finnegan, Are Only Film Deep

What do you figure she is get
ting?" 1 goes on.
According to this director friend
of mine fIve grand a week on the out.
side" he tells me.
Not to be sneered at" saws I.
That's heap plenty jack for a dumb
belle with thick ankles and Dempsey
mitts."
TITS a lotta dough- admits High
Dome, even IL she don't get 1t, but
it's really not as big as you think.
When you figures that she's got to
lay out raft of 1t for the doll rags
she flashes in the pictures and be-
sides Is probably got to take care of a
husband that doesn't even know any,
body that ever heard of the word
work, the gal amt got so much left
at the end of the per annum. You
maybe noticed that when the income
tax stuff was printed last year most
of them actors and actresses that was
touted as making from $4,000 to &c.,
600 week, paid taxes ranging from
80 cents to $3.50"
Just the same I remarks, there
must be scores of film babies that Is
knocking out $4,000 and SIS, 900 a
year. A grand or a grand and a half
per week amt SO rare, no matter
what you say"
You're right" agrees Finnegan,
but you gotta remember that about
80 per cent of them bimbos and bim-
besses only get paid when they're
working. A guy may get a thousand
a week, but if he only works five or
six weeks a year he amt making the
mint jealous"
II hadn't thought Of that" says I.
Why" sneers High Dome, pick
on that that?'
Evening star., 1925-06-07

with Mrs. Goofnah, the pres, out Of
town, why I would be in charge, see,
and believe you me. charge was Just
about what I intended, and It wasn't
conner be no Light Brigade stuff
neither!
Not that I wanted to stop our ladies'
from aiming at better sidewalks for
baby carriages. licenses to milkmen
with manicured cows only, handsomer
policemen, and other civic improve
ments, oh no, nix,
I had no wish to stop our commit
tees from clearing our streets of crap
shooters and confiscating the dice for
the exclusive use Of our debutante
daughters, or from chasing out of
town the boot leggers. who, so far,
had been chased mainly in order to
ask the price per case.
I was more than willing to lead
them girls on any high-hat campaign
they wanted, but / had something else
for them to do before we commenced.
I had learned off of our Charlie,
as I was by now calling him to my
face, that good administration be-
gins at home, and that no bunch
OF Senators, or ladies. neither. is fit
to run a country unless they first
know how to run themselves; no
business they can carry on will be
buSlHSSS-iihe Until Ine mouse rules
is ditto. And that no public is gon-
ner respect a Senate which acts in
the Senate cha mber in a way which
them self same Senators wouldn't
tolerate for one minute in their own
nurseries at home
And so I have decided that when
the day for the next meeting of our
Ladies Thursday Club arrives, why.
will set out TO clean up our own
club before we tackle the city. And
before / leave our house I intend to
put one of Georges pipes into my
pocket, and If them ladies don't listen
to me. why / will take it out and
smoke 1t II we all die In the attempt,
(Copyright. 1925D
Evening star., 1925-06-07
Mining Man Started Secretary Hoover
Toward Career That Made Him Famous

This did not, however. prevent him
from becoming one of the greatest
mining engineers of his day, with ac-
tivities flung clear around the globe
Hoover as head Of Belgian relief and
the feeding of the starving children Of
Central Europe is known to every one.
But every one does not know the es-
pecial quality which has been great
factor in his success. 1t is that OF
quick thinking and quick decision, as
the following incident shows:
After leaving school he worked as a
miner for time to get practical under
ground knowledge. Then he went to
Louis Janin, the leading mining en-
gineer in California, and asked for q
job.
II have none for you said Janin.
However, l could use an additional
typist.'
"I'll take the job as typist,' said
Hoover. IN report next Tuesday If
it's agreeable
He didn't explain why he wanted to
wait until Tuesday when it was then
Friday. Janin learned the reason later.
Hoover had spent the interim learning
how TO bang typewriter.
Copyright. 1925D
Evening star., 1925-06-07
SMOKE IT I ATTEMPT
which was, what is a vice pres. any

which was, what is a vice pres. any
ways?
OF course, I realized where. IL the
club was conner clean up our town,
why the vice pres. was likely to be the
head of the vice squadron. It give me
several ShudderS to think of how I
might even hat to stop Geo. playing
penny ante right under our own roof
and take all his tobacco out and burn
it with the rest of the old leaves that
Junior rakes up out the front lawn.
But l am not one to admit any de-
gree of ignorance to my husband un-
less l want a new hat, or something,
and after Geo. had congratulated me
so heartily on being the new vice.
why 1 wasn't conner let him think I
didn't know how to strut my stuff.
But I was, in secret, terrible wor-
ried. until all to onct I realized where
this U. S. A. of America had a Vice
Pres, and that maybe If / read up on
him a little. would get a few ideas
which I could spring as my own. see?
Well, l will admit where, as a rule.
person would be more likely to look
in the Cong. Reed. then the news.
papers to find out the name of the
current Vice. Pres. Of America But
this night, when l was reading the
comics to Junior to put him to sleep.
why most of II, / mean the paper, was
took up by our Vice, Mr.. Dawes, and
the headlines was words to this effect
Mr.. Dawes Claims Senators Talk Too
Much"
Well, this being the first time had
ever heard a man admit this about
other men, why at once kissed Junior
good night, and says lay down now,
dear. mamma has got something i'm
portant to do. And then l went off and
read the whole of that piece about
Charlie. My Boy" which I take it, he
is probably the original of the ". k
song.
WELL. from what Mr.. Dawes says
w in that interview, J could easy
see where the Senators he was talk
ing about was a good deal like the
ladies in our Thursday Club.
They all knew what they wanted
but most of them wanted different
things at the same time, and what
Mr.. Dawes claimed they needed was
the opposite to a self-starter, that a
few self-stoppers would be a welcome
addition to the Capitol furnishings.
Hot BoZo, the similarity between