davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune., 1925-03-16

defendant to the plaintiff under a
contract for the sale Of land, or on
an alleged account stated arising out
of the same contract, it is held:
I) Where the provisions Of a
written contract require the payment
OF stated amount of money as a
consideration for the purchase of
land, together with interest at a
certain rate, such contract, under
Section 1898 of the Compiled Laws
Of 1913, is not altered by parol as
sent to purportcd account stated
in which the interest is calculated
at different rate.
GU Under Section 6073 Of the
Compiled Laws of 1913, as amended
by Chapter 176 Of the Session Laws
for 1915, compound interest may not
be computed unless the contract so
provides.
(3) Where the provisions Of a
contract with respect to the pay
nrent of interest are ambiguous. and
where it appears that the parties
thereto in renewal agreement had
resolved the ambiguity in favor of
a certain definite construction, the
construction Of the parties will be
followed.
Appeal from the District Court of
Burlcigh County, Hon. j. A. Coffey,
Judge.
Reversed and remanded.
Opinion Of the Court by Birdzell,
j.
w. l.. Smith, of Bismarck, Attor-
ney for Appellant.
Theodore Koffcl, and Hyland &;
Foster, of Bismarck, Attorneys for
Respondent.
The Bismarck tribune., 1925-03-16
Faculty of 81
To Be on Summer
Session at "U''

Grand Forks, N. D., March To-
Thirty-seven teachers will compose
the faculty for the annual summer
session of the state university, June
l0-July 81, according to the summer
session bulletin just issued by the
institution.
Deans of the three schools to be
open, the school Of education, the
college of liberal arts, and the
school of commerce, will be on hand
for the session. They are respect
lively: Dean Joseph Kennedy, who
is director of the summer school;
Dean Vernon P. Squires, and Dean
E. T. Towne. Altogether work in %
departments is to be offered.
!. It is the purpose and plan of the
summer session, the bulletin points
out, to enable regular students to
do part of their work during the
summer. to furnish opportunity for
all teachers in the field to put in a
part of their, vacation in work to-
ward baccalaureate or masters de-
grees and to otherwise keep abreast
of the times professionally.
Also asa part of its plan and pur-
pose is, the aim to give an opportun-
The Bismarck tribune., 1925-03-16
SNOWFALL IS<
SAME AS 1892
Average Snowfall in North
Dakota Same if Not More
Than Previously

Grand Forks, N. D., March To-
While youngsters are getting out
and oiling up their. roller skates,
and the boys are counting their
marbles preparatory to- "knuckling
down" for the first games soon, the
federal weather bureau here is run
ming it's calculating machines at full
blast to show North Dakotans what
kind of weather they have been hav-
ing this winter.
Gentle Spring, who for the past
few weeks has been consistently
pulling at Old Man Winters beard
to make him loosen his grip on the
Northwest, has brought with her
the annual questions:
"WOnder how, much snow we had
this winter?''
Some North Dakota residents will
remember "way back when" they
prepared to 60 to Grandma's house
for Thanksgiving dinner and Justify
sang:
1.-THE horse knows the way to carry
the slay.
" CT LHC WulLc anu uIIltCu SuOWs
And 1t probably seems to some
Of these who remember that the
SHOWS have gone the way of the
horse and sleigh.
But the local weather bureau says
not. An impressive volume, showing
the records of snowfall here (and
regarded as typical of the states
rccord) since 1892, shows that dur
ing the last decade, 1915-24,. Grand
Forks has had an annual average Of
over forty inches Of snow fall, while
during the two previous periods.
l9O5-l4 and 1895 and O4. there were
but twenty-five inches each.
The average snow fall for the last
thirty-two years has been 24.2 inch
cs. This year, however, farmers
have motored to town over roads
that we're nearly bare; in the fields,
ridges and stubble have peeped
through the thin powder ring of old
snow. Up to March l, this vicinity
had but ,lO.4 inches Of snow. Ac-
cording to normal snowfalls it
should now have covering that
would aggregate 1876 inches.
But this years fall Cannot be
claimed the minimum. The records
show that it is only fourth from
first place in the matter of light
fall. The winter of 1904-05 hold the
record with but "a of an inch Of
snow up to March I. =.
The local weather bureaus calcu-
lations also include some Of the-uil-
usual features of North Dakota wea-
ther. They show that the earliest
fall of snow here occurred Septem-
Der "a, 1912 and the latest N"first
fall" December Is, 1907. The earli-
est date in Spring for the last snow
to fly was March z, 1906 and the
latest May IT,, 1915. II.
The Bismarck tribune., 1925-03-16

terms Of which the endorser agrees
to pay the note to the holder there
of if the maker fails to do so, pro-
vidcd the note at maturity is duly
presented to the maker, and due no.
tice Of non-paymeht is given to the
endorser
3. The contract evidenced by a re-
gular blank endorsement of nego-
table note is subject to the general
rule that the terms Of written con-
tract may not be varied or contradict
I'd by parol evidence.
Appeal from the District Court of
Ramsey County, Buttz. j.
Defendants appeal from judg-
ment and from an order denying q
motion for new trial.
AFFIRMED.
Opinion of the Court by Christian
son, ,Ch. J.
&'Cathbert & Adamson, Devils Lake,
N. D., Attorneys for Defendants and
Appellants.
Sinness, Duffy & Wheeler. Devils
Lake. N. D., Attorneys for Plaintiff
and Respondent.
The Bismarck tribune., 1925-03-16

did not include psychology, school
management, methods, and the senior
reviews in their course. to get these
in the summer session and thus Sc
cure their teachers certificate from
the Department of Public lnstruc-
tion; also to enable teachers whose
certificate is about to expire to re-
The Bismarck tribune., 1925-03-16
SUPREME COURT /
From Ramsey County

From Ramsey County
E. s. Routier,
Plaintiff and Respondent.
vs.. s
A. L. Williams and N. ]. Ro-
denberg. doing business as
Lake Fsel Company, ~
Defendants and Appellants.
(Syllabus by tile CoprD :ss s
|. Where on the trial Of case
counsel declares in open court that
only q certain question is involved
in the case, and the case is submitt-
ed to and determined by the trial
court on this theory, other questions
cannot be raised in the appellate
conrt. * 1.3 .s.. s
2. A regulaf blank endorsement 81
a negotiable promissory note is an
- q. ,,.~sAS~~s. -, -
The Bismarck tribune., 1925-03-16
Tribune Classified Advertisements
-: -P III O N Il 2=-
FOR SALE

! FOR SALE.
SIX ROOM modern dwelling. south
front, garage, west end. Price
$780,, Reasonable first payment
I and terms.
FIVE ROOM modern bungalow, full
basement, furnace hest, close in.
Price $4,000. $500 cash, balance
monthly. ;.
FOUR ROOM very modern bunaa-
Tow. cast front, basement, furnace,
hardwood floots, built In features,
electric stove. Price $500. Rsa-
sonable payment monthly terms.
SIX ROOM modern house, hot water
heat, hardwood floors, northeast
OF hospital. Price $3.50, first pay
ment $3.50, balance $45 per month";.
including interest.
SEVEN ROOM modern dwelling,
east front, garage, basement, fur,
mace heat, hardwood floors, no re-
pairing to be done. Price $500,
good terms. go" ,,'
SIX ROOM cottage, hot water heat,
fireplace, oak trim, oak floors,
garage, west end. Price $65UO,
EIGHT ROOM modern dwelling. Very
we'll located, lawn, trees, garden.
Price $4,000. Reasonable terms.
SEVEN ROOM modern bungalow,
new, never been occupied, base
ment goragc, east front. Price
$3.50. $1,000 cash, balance easy.
EIGHT ROOM home, modern. five
bedrooms. east froKt, double gar
age, trees. lawn, near schools, a
good home for large family. Price
$500. Good terms.
HEDDEN REAL ESTATE
AGENCY
"Evef.Ready to Give Service"
Money to Loan !
Webb Block. Phone o
4
The Bismarck tribune., 1925-03-16

HORIZONTAL
X To scatter hay.
B.. An authoritative command.
o.. A tree.
IL. Stout.
IL. Punctuation mark.
Is. To decrease.
II. 1t is silent (musical term).
10. Aisles.
Il. 3.14l6.
%. Withdrawal. a.
"a. Negative.
25. Three -toed sloth.
rs. Pclt.
q. kindled.
80. Second note in scale.
81. Compact.
33. Lions home.
So. Crowds together.
81. To draft.
So. Fundamental.
40. Girl.
Al. Small herbivorous animal or
cony.
az. Weighed (uscd in case of con-
tainers).
43. To turn over.
as. Blood pump.
AZ. An inert gaseous element found
in the air.
49. To increase in volume.
81. To observe.
52. Garret.
80. Half an EN-.
81. To scold.
56. Possessive case; masculine pro-
noun.
81. Half way between north pole
and where sun rises.
SO. Printers measure.
60. Lauded. .lGVxi
63. Neutcr pronoun.
81. To prepare for publication.
66. The deep.
81. To pry.
50. To brown by the heat of fire.
II. Quantity whose value is given.
70. Organ Of sight.
"a. To utter again.
Is. Sorrowful.
VERTICAL
1. TO drag.
2. Trading craft with one mast.
.. Personal prOnOun.
4. Flower.
s. Tidy.
6. Maple tree.
Z. Sum.
s. Hebrew word for Deity.
The Bismarck tribune., 1925-03-16

FOR SALE
5 room new bungalow with garage
in basement, East front and close
to school. $3500.
6 room modern house choice location
and close to school. $4,000.
8 room modern house near schools,
$500 cash, balance in monthly pay
ments.
z room house within three blocks of
postoffice $4,000. Y
Houses and lots for sale in all parts
of the city. Harvey Harris & Co.
j.. p. Jackson, Manager.
2-ll-2t
The Bismarck tribune., 1925-03-16

8. At once.
| 10. Possesses.
| II. To exist. .r'
Ia. Either's partner.a
l6. An oily liquid from parsley seed.
IS. Quotes.
20. Iabors.
22 A fresh water European fish.
% One of the fleshy folds making
up the mouth.
25. To sprinkle.
2G; Ultimately.
28 Abilities.
80. Perfume.
81. A large cup-likc spoon.
33. People who live in Denmark.
81. Chile saltpetcr.
&c. Student at West Point.
49, An exclamation Of contempt.
SO. A domestic animal.
IA. Had.
46. Nest of a hawk.
az. Anoints.
so. To take up liquid with the ton
que.
81. Help.
IS. Ordinary language of men in
speaking or writing.
Sc. A reddish dye for the hair.
50. A very little.
81. Performs on the stage.
62. Cause.
So. Electrical units.
"a. Before.
65. Proposition.
81. Point Of compass.
6S. Finish.
70. A measure Of area.
72 Correct,
The Bismarck tribune., 1925-03-16
PAGE SEVEN

given at the state university this
spring, the vacation to begin at 8
p, M, Thursday, April .. with classes
to be resumed at a. m, Thursday
Ernest C.. Miller, University regis
trar, announces.
-----------------------7 Z.
The Bismarck tribune., 1925-03-16
MISCELLANEOUS

FOR SALE-Complete furnishings
for room house, including a'S
piece Ksrpan Parlor set, rugs,
Koehler 4 Campbell piano, maho-
gany finish, new bedroom suite,
complete dining room set, kitchen
cabinet, and table, electric stove,
ice box and other household fur
nishings. Also 1923 Overland
= touring car. Write Tribune No.
9<S. 3-11-tf
The Bismarck tribune., 1925-03-16
MONDAY, MARCH 16, 1925
MALE HELP WANTED

BRANCH MANAGER WANTED-We
need man at once to organize
and direct a branch office in this
city. Salary possibilities are un-
limited. Swilling, our Atlanta
manager, made over $4,000 last
year. Style-Center all-wool suits
and topcoats at $23.5O are sweep
ing the country. Sales Manager,
Style-Center Tailoring Co., Gin
cinnati, Ohio.
WANTED-Men and women to learn
barber trade. Great demand; big
wages. Few weeks completes. Cat
alogue and special offer free.
Moler Barber College, Fargo,
North Dakota. 2-l6.1m
WANTED-Young man to work in
Cowan Drug Store. Steady en-
plOyment to good man. 3-16-3t
WANTED-D0o young men to work
by day or month. F. Jaszkowiak,
421-12th st. 3-l4-tf
The Bismarck tribune., 1925-03-16
From LaMdure County

o. L. Engen. as Receiver of Cit
izens State Bank of Edgeley, Plain
tiff and Respondent, VS.. Medbcrry
Farmers Equity Elevator Company,
corporation, ct al, Defendants. N.
j. Paulson and A. H. Carow, Defend
ants and Appellants.
(Syllabus by the Court.)
/. An irregular endorser Of a
negotiable promissory note is en-
titled to the rights of a regular en-
dorser. under sections 6955-6959, c.
L. 1918, (Secs. 70 to "a Uniform
N. l.. Law, pertaining to present
ment, protest, and notice Of protest.
2. "A negotiable promissory note,
payable in named village, but with
out designating any particular place
within the ivillaga is sufficiently
presented, so as to charge endorsers,
when it is in the possession Of a
notary in the place named with au-
thority to receive payment, and t.
protest it for non payment, the
maker not having any place of busi-
ness or residence within the place
named in the note.
Appeal from the District Court of
LaMoure County, Hon. M. j. Eng
lert. Judge.
Affirmed.
Opinion of the Court by Johnson.
j.
A. G. Porter, Edgeley, N. D. and
Hutchinson and Lynch, LaMoure, N.
D. Attorneys for Defendant and
Appellant. e, 4
o., S. Gunderson and Conmy,
Young, Burnett, and Emanuel Sgutt,
Fargo, N. D., Attorneys for Plaintiff
and Respondent. i
From Bufleigh County, 4
Mrs. A. l.. Thompson, Plaintiff
0ACn~vloss% "sO1sa, 1 no-
The Bismarck tribune., 1925-03-16

Grand Forks, N. d., Mar. 16.-Onc
scck's vacation for Easter will be
The Bismarck tribune., 1925-03-16

new the same under the rules and
regulations of the Department of
Public Instruction.
The Bismarck tribune., 1925-03-16
DRESSMAKlNG

DRESSMAKlNC
FIRST CLASS dressmaking done 1t
Mrs. Heckenliable's, 223 End St. at
reasonable prices. Also have sew
ing machine for sale in first class
condition. Phone $50. 3:12-1w
The Bismarck tribune., 1925-03-16
FOR EXCHANGE

FOR EXCHANGE
FOR SALE OR TRADE-Hotel locat-
ed in the best town on Killdeer
Branch. A real bargain, central
locations. Write Tribune No. 949.
3-11-1W
HORSES TAKEN in trade for town
residence or Northern Minnesota
land, partly cleared. A. j. Maylott
& Son, Hancock, Minnesota.
S-l4-3t
The Bismarck tribune., 1925-03-16

FOR SALE-Choice Imported
German Rollers $500
Harts Mountain Singers 90. 700
Native Singers .............. 600
Cages, Seeds, Treats etc. Tele-,
Phone 115-J. Jacob Bull, Box 72S.
Dickinson, N. d. l-26-lm
FOR SALE-Model No. / linotype
machine equipped with electric mo-
tor and electric pot. Would do
good service in a country job plant.
Will sell reasonable for cash. Bis
marck Tribune Company, Bismarck.
N. D. 3-9-tf
The Bismarck tribune., 1925-03-16

FOR RENT-Three nicely furnish
ed light housekeeping rooms in
modern house, also Victrola for
sale very cheap. Call 421 3rd st.
Call mornings and after 6 p. m.
S-l4.1W
The Bismarck tribune., 1925-03-16

MODERN ROOM with privilege Of
hath. Men preferred. One block
from P. o. 1l3 Thayer.& Phone
195-R. 3-14-3t
The Bismarck tribune., 1925-03-16

READ TRIBUNE WANT ADDS
The Bismarck tribune., 1925-03-16
BABY CHICKS
ROOMS FOR RENT

ROOMS FOR RENT
FOR RENT-Three modern rooms,
furnished or unfurnished, hot wa
ter heat and bath. Also electric
washing machine, sewing machine.
kitcnen cabinet and other articles
for sale. Call at 2l3 10th St. No.
3.13.3t
The Bismarck tribune., 1925-03-16

FOR RENT-Four furnished rooms.
Can be used as sleeping rooms Or
for light housekeeping. Phone
754-W. 3-1O-lw
The Bismarck tribune., 1925-03-16
Frou, Bufleirh County, .

From Bsfleigh County,
Mrs. A. L. Thompson, Plaintiff
and Respondent, vs.. William NJ. Ba-
ker. Defendant and Appellant.
(Syllabus by the Court.)
In5an. action to recover a sum Of
The Bismarck tribune., 1925-03-16

FOR RENT-Two nice light house
keeping rooms fully furnished.
Electric sweeper and hot water.
Very desirable for two. SIT End
St. Phone S12-J. 3-13-3t
The Bismarck tribune., 1925-03-16

FOR RENT-Partly furnished or
unfurnished room for light house.
keeping. College Bldg. Phone
1873. 3-2-2wks
The Bismarck tribune., 1925-03-16

FOR RENT-Clean, warm room, hot
water heat, in modern home. Also
light housekeeping rooms for rent.
Close in. Call 306-Sth St. or Phone
SO2. 3-1O-1w
The Bismarck tribune., 1925-03-16

FOR SALE-High class cafe fine Is
cation, good business will make
price right for q straight sale.
Writs No. $50, care Bismarck Tri-
bunA - r,s0.2.tf
Evening star., 1925-09-12
NOEL CASE STARTS
CUSTER OF DOCTOR
Asylum Head Declared Vir-
tuaHy to Have Given Parole
to Slayer of Two.
By the Associated Press

NEWARK, N. j., September H.
With four indictments returned in
New Jersey against Harrison w. Noel,
lawyers son and confessed murderer
and kidnaper of 6-year-old Mary DAILY,
the resignation Is sought of DIR. John
w. Thompson, senior physician of the
OVerbrook On. J) Asylum for Defec-
tives, from which Noel escaped two
months ago. The demand is made by
the Essex County board of freeholders,
which declares DIR. Thompson granted
a virtual parole to Noel without
knowledge or consent Of his superior.
Noel was indicted yesterday at
Paterson for the murder of the girl
and the shooting of John Sandin,
chauffeur. who gave chase after the
abduction. A few days ago he was
indicted in Newark for the abduction
OF the girl and the murder of Ray
mond Pierce, negro taxicab driver,
whose automobile he seized for the
kidnapping. Action by the two grand
Juries was necesSitated by the differ
ent localities of the crimes.
1t Is expected sanity proceedings
will start shortly after Noel's arraign-
ment on the indictments
Another New Jersey kidnapping has
developed with the arrest of Lawrence
Wright, a negro, at Warrens Point
He was found walking in the woods
with Emile Scarpa, 6-year-old white
orphan girl, and was accused of taking
the girl from her grandmOther's home
in taxicab. The girl was unharmed.
Wright was released last June from
the State prison at Trenton after serv-
ing five years. He said he was given
permission to take the child for a
walk.
Wright pleaded guilty to kidnapping,
however, when arraigned in Paterson
today. He was held without bail for
the grand jury.
Evening star., 1925-09-12
BARS FALSE NAMES
FOR DRY SLEUTHS
Court Dismisses Charges
Brought by Agents Who
PractiCed Deceit.
By Consolidated Press.


SAN FRANCISCO, September 12-
Sleuths In fiction and drama might
masquerade behind false hirsute adorn-
bition agents in northern California
must perform their part in making the
country dry under the names by which
they are known to the rest Of the
world, Federal Judge John S. Par
fridge has ruled on more than one oc-
caSion.
The Judge during the last session of
his court dismissed wholesale cases of
persons charged with violation of the
Volstead act in which the Federal
agent had used a false name in swear
ing out the warrant. That led Capt.
Charles Golf, then chief of Federal
raiders hereabouts, to issue instruc-
tions that agents were to use their
right names in making charges. But
one such case slipped through, and
George Burns, manager Of San
Francisco club, was fined $1,000 and
sentenced to year in jail.
Now Judge Partridge has granted
probation TO the convicted club man
|ager, having discovered that not only
did the Federal under-cover agent use
a false name in swearing out the war
rant, but swore in court that the as
sumed cognomen was his own.
An Outrage on Justice" declared
the justice in issuing the probation or
der. The session of court during
which the defendant was convicted
has ended and the Judge could not set
the judgment aside. but he promptly
made its effect null and void.
Evening star., 1925-09-12
PILES OF MESSAGES.

LIHUE, Island of Kauai, r. H,
September II CP-Mountains of
messages from friends, relatives and
we'll wishers everywhere were placed
before the West Coast Hawaii avi-
ators by a relieved world.
The first message Comdr. Rodgers
read was from his mother
Gov. w. r. Harrington of Hawaii
radioed: welcome home,, Jehnr'
then added: Il can only repeat and
emphasize my message to Admiral
Moffett that Comdr. Rodgers and his
crew have maintained the best ira
ditions of the great American
pioneers, who drive ahead and are
not afraid. Hawaiis Aloha to you
allr'
Charlie Chaplin radioed Comdr.
Rodgers from Hollywood that 5000
persons in a theater there last night
rose and cheered five minutes upon
receiving news of the rescue, the
demonstration ending with singing of
"The Star Spangled Banner"
The deluge of MESA ges included
offers to each member of the crew
from various newspapers and news
syndicates of large sums for ex-
elusive rights to accounts of their
experiences.
Evening star., 1925-09-12
COOLIDGE IS WARY
OF MITCHELL CASE
President to Abide by War
Departments Action in
Sitting Dispute.
BY DAVID LAWRENCE.

President Coolidge is handling the
Mitchell aircraft controversy with all
the delicacy and caution Of a man who
is careful not to get his fingers burned.
Instead of answering the bunch Of in
quiries asking for his views on the
points raised by Col. Mitchell, the
President let it be known that he will
do nothing about the case except as 1t
may be recommended by the War De-
partment.
The responsibility, therefore, for any
action will be on the War Department
and not upon the President. Mr.. Cool
idge, in the meantime, gives no lndica-
ton whatsoever of whether he thinks
the naval and military establishments
reed investigating and overnauling.
He specifically disclosed that the af-
fair had not been the subject of cabi-
net conference, but there is reason to
believe he has talked the situation
over with Acting Secretary Dwight
Davis of the War Department and
Secretary Wilbur of the Navy Depart
ment.
Every day adds testimony to the
fact that Col Mitchell has started
something. Naval officers like Admiral
Moffett of the Bureau of Aeronautics
feel 1t necessary to make pointed re-
ply to Col Mitchelrs charges. Secre-
retary Wilbur. recognizing the popu-
larity of COmdr. Rodgers, who has
just been rescued in Hawaii, prompt
ly made known the latter's appoint
ment as assistant chief of the Bureau
of Aeronautics, so it no longer can be
said active flyers with aviation eN-
perience are not In charge of aero
nautics in Washington. Returning
,lNr.r nf n-n n n
the Mitchell case as if they intend
having little investigation Of their
own when Congress reconvenes. Mr..
Coolidge is shrewd enough politician
to know that attacks on his war and
naval secretaries are merely part of
what might become a general political
attack against him. And the congress
sional elections are only a year off.
Mr.. Coolidge is anxious always to
avoid cluttering up congressional
committees with Investigations and
controversies that take the time and
energy of individual members of
Congress from the paramount pro
poSalS on his legislative program.
The problem therefore is how TO
handle the Mitchell charges without
protracted debate and yet satisfy that
element of public opinion which might
be estranged if Col. Mitchell were
merely disciplined and his criticisms
ignored.
1t begins to look as if some inquiry
will be convened for the purpose Of
fighting the unfavOrable publicity
which Col Mitchell has already given
to aviation as managed in Washing
ton. And there is no intention of
making a martyr of Col. Mitchell if
1t can possibly be avoided. Mr.. Cool
idge is treading with characteristic
caution.
(Copyright 1881