davidaulloa/AmericanStories huggingface dataset:
Evening star., 1925-07-05

in running or in walking on soft
ground.
Hipparion of the upper miocene
and pliocene represents the latest
stage of the horse in which the lat
eral toes are still present, but are
much reduced in size, being almost
functionless.
In Equus, the present-day type of
horse, the lateral toes have entirely
disappeared and the weight of the
animal Is born on the tip of a single
toe on each foot. The teeth have also
undergone great changes, especially
IN increased height or length of the
crown. This heightening of the
crowns of the cheek teeth was doubt
less a deciding factor in the perpetu-
alton of some of the grazing types of
horses. The face portion of the skull
has greatly heightened and the ami
NAL is much larger.
In addition to the five principal
stages in the direct line of descent
mentioned above, there were many
aberrant types which became extinct
OF these Hypohippus is an example
Hypohippus is a cotemporary 6N
Merychippus. and while it increa s6
in size, it retained the more primi-
tive characteristics of it's ancestors,
the most apparent of which was the
lack of development of the teeth.
The teeth of Hypohippus were the
short-crowned type and could not be
come adapted to grazing habits.
In the course of four or five million
years, therefore, the teeth of Echippus
had changed from the low-crowned
type to the long, prismatic, complex
grazing teeth, the face had grown
relatively longer and the eyes were
progressively shifted farther back. the
short neck was elongated to keep pace
with the lengthening of the limbs and
the individual vertebrae had become
more flexible with no loss of strength:
the feet were much elongated and the
median or third digit of each gradu-
ally enlarged until it carried the whole
weight
Evening star., 1925-07-05

of the leading specialists in the
paleontologic history of the horse.
The first Eohippus appeared in
North America during lower eocene
times, and was a small animal, no
larger than a fox or about IA inches
tall at the shoulder, with four com
plete toes on each forefoot and three
on each hind foot. Eohippus, except
for his hoofed toes and plant eating
type of teeth, was in general sug-
gestive of the carnivors, or flesh
eating animals, rather than the ungu-
lates of today. His teeth were the
short browsing type; his back was
arched, his head and neck were short
and his limbs of moderate length, al
though beginning to show adaptation
for speed.
The oligocene horse, Mesohippus.
as suggested by its name, was in
termediate between those of the
eocene and miocene periods. The
largest known specimen was. about
the size of a sheep, and while the
teeth in general were ow-crowned,
some of them were changing toward
those of the grazing animal. Meso-
hippus had three toes on each foot
and splint representing the fifth
digit of the forefoot of the eocene
ancestor. The middle toe was much
larger than the side toes and bore
most of the weight of the animal.
The striking evolutionary change
between Eohippus and Mesohippus
was the steady increase in size from
the lower eocene to the upper oligo-
Gene and the reduction of the lateral
toes with concentration of the
weight upon the middle toe.
The third impOrtant tvpe NTerv-
chippus, marks the transition be-
tween the older short crowned teeth
without cement and the long-crowned
heavily cemented teeth of the later
stages. Three toes were still pres
ent in this type, but the lateral digits
are very slender and, while barely
reaching the ground. We're functional
Evening star., 1925-07-05
TT took Priscilla almost a week tc

TT took Priscilla almost a week to
find the house. There seemed to
be nothing for $50 or less: nothing, that
is, with a workable kitchen and two
bedrooms and a halfway modern bath.
So at last, almost in desperation, Pris-
ella decided upon one place for SIS.
1t was not an attractive house, for 1t
was painted brown; and it was square
and high and close to the street. But
inside it was, as she told herself,
rather cute. It had a living room
with a tiny fireplace. 1t had kitchen
painted white. Upstairs 1t had two
bedrooms, a sort of sewing or storage
room and a diminutive bathroom; all
of them fairly presentable.
She took Charlie there first. Gould
we live here?" she asked.
You bet we can"
Silas Chalders had only one COM
ment
"At any event." he observed, you're
starting out just as If you were real
married couple"
"How's that?" asked Charlie.
"By paying more than you planned
to and more than you ought to for
rent. Do you want this place, you
two?''
"Oh, yesr'
"All right, then. Get some furni-
ture In mere ana dii llc cquipIHeilI
you need. Don't forget coal, Charlie.
It's still early Spring. You'll need a
furnace for a month yet"
But, dad" asked Priscilla, will the
coal have to come out of my money,
too?"
Her father looked at her. Nat
urally," he said. Did you think the
angels brought coal to people? Who
is it that I have to see about the
rent?"
Priscilla told him, adding. Fix it
so we can really keep the place if your
predictions don't work out, dad"
I'm fix it, the older man promised.
He did exactly that. At first the
landlord was inclined to be stiffish.
But at the end Of five minutes Mr..
Cohen was laughing.
First" said Mr.. Cohen, you want
the roof to leak. Is that it?'
Yes" said Silas Chalders. Unto
the north bedroom and into the
kitchen. Mr.. Hale and I, you see. will
occupy the south bedroom together
Will you tell the man to fix it, please,
so the leak comes directly over my
daughters bed?"
What an ideap' chuckled Mr.
Cohen. Sure l will. And next-let
me see-you want the plumbing put
on the bum. Is that it?''
| mo. not entirely, Mr.. Cohen. Just
so the bathroom won't work very well
| and so there'Il be a leak in the cellar.
! In addition, perhaps. the hot water
Evening star., 1925-07-05

mitted dryly, but just the same there
is. 1t keeps going out. 1 can't cook a
. thing.
Silas Chalders gulped. Each eve
ming these many years past he had
had his dinner on the dot. He dis
liked cold things to eat. He disliked
them intensely. But he forced a slow
smile. He suggested that perhaps
Charlie could fix the thing.
Charlie could not, and so reported.
Lets dine out" the older man sug-
gested "Ill blow you"
NO" said Priscilla. We've agreed
to try this for a month, and were
going to-all of u.s."
They dined upon cold cereal and
milk, with bread and butter as a side
dish. Priscilla and the boy ate avidly.
The girls father shuddered, but fin
ished his portion. Then said Priscilla:
Charlie and I think We'll go to the
movies, dad. Want to Gomez
Nos If have to stay in this place,
I might as well improve my time by
reading. By the way, children" the
first smile of the evening crossing his
face, when 1 came in it looked very
much like rain. Better take an UNI
brella, Prilla.''
"Oh, no! I love the rain, dad"
Her father laughed quietly. If it
only would rain, that would be the
final straw. Never in her life had
Priscilla had the experience of being
under a leaky roof. He went to the
window. 1t was raining already.
1t was II o'clock when they re-
When at length Priscilla suggested
going to bed he beamed.
The two men went upstairs to-
gether. AS they entered their bed
room Mr.. Chalders paused. He did
not want to miss Priscillas first
gasp of dismay.
TT must be raining hard" he OBJ
served maliciously. That's good.
We need rain" Then he turned on
From a spot in the ceiling directly
above his bed a thin stream of wa
ter was trickling. 1t was trickling
and splashing in the very center of
his neat white coverlet.
x x
CHARLIE HALE said, "Oh, isn't
~ that a shame, Mr.. Chalders?"
But the older man said not a word
He set his lips together; that was all
"Oh, Prilla!" called out the boy. and
she came to the door.
1T doesn't seem to be leaking any
where else" she reported after a mo =
ment's investigation of the other
rooms. Its too bad, dad, but we can
move your bed"
You can do no such thing" :"
snapped her father. 'I wouldn't sleep
on that soaking mattress for any
thing. Priscilla, pack your bag, and
you and 1 will go to a hotel"
NO" said the girl.
Yes" said her father.
How about it Charlie?" she asked.
Isn't dad quitting on his agree
ment." Her eyes fiickered suddenly
Suppose it was my bed?" she
Evening star., 1925-07-05
MI NJ - K( )M n NJ ~ By Gerald MguH

ing that it may make both of you
very miserable. Have you ever
washed a painful of dishes, daughter
ever in your life?'
"Of course, dad. I've been to camp.
I've cooked. too, and made beds"
For a few days." he amended,
and when it was supposed to be fun.
But let's stick to washing dishes.
Did you enjoy it? Be honest, now
She smiled. Naturally l didn't en-
joy 1t. Who on earth could enjoy
washing dishes?"
II shouldn't think anybody could"
he said, although / managed to do it
for a whole Winter once in Nevada.
But you get my point. don't you
dear? You prefer golf to dishwash-
ing. You prefer tennis to scrubbing
floors. What on earth, then, makes
you suddenly think you'll prefer dish
washing to golf, and all the rest?"
Because I love Charlie, dad, and
because he loves me-"
For moment her father sat silent.
Then at last he said: II think I have
an idea. How would you like to give
a house party, Prilla?'
"A house party? What do you
mean, dada house party? Why in
the world-and for whom?"
For Charlie Hale" said her father.
For Charlie Hale, with me for chap
eron. Would you be willing to try 1t
out for one month, Priscilla, my dear
exactly as you would have to live II
you were married and limited to sixty
dollars a week"
The girl leaned forward.
do you mean-really?' she de-
manded. with a budget and every
thing? Is that what you mean, dad?'
Evening star., 1925-07-05

only one way W hliu Ooly hC SAAu
"and that's 10 go around and look. I
have only one suggestion, Priscilla.
When you make your inquiries, say
that the house is for your father.
That will sound better, for after all
you are rather well known in town,
and it will also have the advantage
of being strictly true. When you have
found a place you like let me know
and I'll arrange about the rent for our
triangular house party month.
The boy spoke up. There's only
one difficulty" he said, about furni-
ture. If Prilla and I were really get
ting a house for ourselves we'd get
an unfurnished house. I've got
enough saved up to furnish place.
What I'd sort of like to do is to go
ahead and get the stuff
The older man lifted his head. Not
a bit of it. my boy. This is my ex-
pertinent, not yours. III see that the
house is furnished and adequately
should prove what you and Prilla
might term a success, I'll arrange G
turn the equipment over to you.
MY plan is this: You go ahead and
choose and equip your house. When
that's done I'll advance to you the
sum of Charles monthly earnings
At $50 a week this comes to about
S270. From this I shall deduct the
rent-and to the remainder l shall
add a reasonable sum to cover the
actual cost of my own board while
am with you. Five dollars a week, ]
think, should carry me. You will,
therefore, be given, say, s235-and on
that money you will undertake to
run your house, save out a reason
able amount to cover clothing for
both of you, to cover entertainment
and amusement, doctors bills, Incl.
dentals and the hundred and one other
expenses Of a going household. Do
you accept that as a fair proposition,
Priscilla?'
"It sounds fair to me-" said the girl.
I'D accept anything to get Pris-
cilla," stated Charlie Hale. THAT
may sound like melodrama, but it's
the truest thing l ever said"
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
From Ward County

Edna b. Diehl, Plaintiff and Re
spondent. VS.. Grant Farmers Mutual
Fire 4 lightning Insurance Co., II
cornoration. Defendant and Appel
ant.
syllabus: ]. A clause in fire in
surancc policy providing that the
entire policy shall be void if the
insured has concealed or misrepr'-
scented in writing. or otherwise, any
material fact or circumstance con
corning this insurance. or the subject
thereof, or if the interest Of the in
surcd in the property be not truly
stated herein. or in case of any fraud
or false swearing by the insured
touching any matter relating to this
insurance, or the subject thereof
either before or after loss, is valic
and enforceable provision.
.. The answer in this case alleges
that the plaintiff made false state
| ments in proof Of loss; that she in
| rludcd in the proof of loss property
| belonging to other, property which
| she did not have, and property tha
had been removed from the hous,
| before the fire, and there being PROC
| offered in support Of said all"ga
! tions, the defendant was entitled t.
have the same suhm tilted to the jur!
under proper instructions, and tn
refusal to give the instructions. OF
such subjects, when the same wa
not covered fully in the instruction
of the court, is error.
Appeal from the District Court o
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06

evidence to sustain verdict Is not
challenged either by motion FOR a
directed verdict. or after verdict, by
motion for a new trial, the question
cannot be considered on appeal.
2. A witness who has drunk intOX-
icating liquor, is acquainted with It's
smell, and knows its effects, is COM
petent to testify to the alcoholic and
Intoxicating character OF a liquid
which he has tasted.
3. The limitations imposed by the
Fourth Amendment to the Constltu-
tion of the United States apply only
to the federal government and are
not limitations upon the several
states.
4. The admissibilty Of evidence
in a criminal action Is not affected
by the i}legality of the means
through which it was obtained. even
though such illegality arises by rea
son Of violation Of Section Is of The
Constitution Of the State Of North
Dakota, guaranteeing the right of the
people to be secure in their persons
houses, papers and effects against
unreasonable searches and seizures.
Appeal from the District Court 0,
| Ramsey County, Hon. {. NJ. Cooley
| Judge.
Affirmed.
Opinion Of the court by Nuessle, }
Cuthbert & AdamSon. OF Devil
Lake, North Dakota, attorney 70
defendant and appellant.
II. w. Swenson and 8. w. Thomp
son, Of Devils Lake, North Dakota
attorneys for plaintiff and respond
ent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
From Rurleigh County

Frank Milhollan, ct al, Plaintiffs
and Respondents, VS.. Great Northern
Railway Company, II corporation, and
Minneapolis, st. Paul 4 s5ault Ste.
Marie Railway Company, Il cOrpor-
alton, Defendants and Appellants.
Syllabus: |. Under section Att
and section 4779, &. l.. 1913, the Rail
road Commissioners Of the state have
authority to compel train connections
Of competing lines when they are
within one half mile Of any COM
llon point, when such connection
does not place a burden on inters sta e
commerce.
.. The Federal Transportation
Act o: Feb. 90, 1920 does not affect
intrastate commerce only as incidcn-
tai to the effective regulation of in
tcrstate and foreign commerce, and
specifically reserves to the state the
power to compel the construction OF
spurs, switching or side tracks, To-
Gated or to be located wholly within
one state, and nothing in said act
impairs or affects the right Of the
state in the exercise of it's police
power to require just and reasonable
freight and passenger service for in.
trastate business, except SO far as
such regulations are inconsistent
with any lawful order of the Inter.
state Commerce Commission.
3. The evidence in this case sus
tains the findings, conclusions anC
order Of the Railroad Commiss toner's
| and the findings, conclusions, order
and Judgment Of the District Court
it appearing therefrom that The
| building Of the connecting line will
not be an unreasonable burden upoi
| interstate commerce, nor does it tax.
property without due process Of law
or deprive any one of the equal pro
lection of the law.
Appeal from the judgment of tn
District Court of Burleigh County
Hon. Fred Jansonius, j.
Affirmed.
Opinion of the court by Burke, j
Newton, Dullam 4 Young, Bis
marck. N. D., and Murphy & Tone,
Grand Forks, n. OAK, attorneys 70
appellants.
Geo. f. Shafer, Attorney General
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
From Cass County

Io@cnhinc A. Power, Plaintiff and
Respondent, vs.. Fred Williams, De
frndant and Appellant.
Syllabus: |. A pleading, other
wise admissible, is competent evi-
dcucc us against the pl"ader, Of tn"
fact admitted. in u case other than
the one in which it was flied, and
in behalf Of the pleader'S adversary
in tn" former action. when it appears
that the admission was Incorporated
in the plcadinr with the knowledge
and consent Of the party.
> When ar admission il relied ON
as evidence and not rs matter of
pleading which excuses the adversary
from Offering prc0f Of the fact ad
mittcd, and there is no question Of
! cstOppeI or otherwise, IdmiSSion5
! against interest made in pleadings
are not conclusive against the
plcader and it is proper to instruct
| the jury to that effect.
3. The sixth and seventh amend
mcnt& to the constitution Of the
| United States, securing trial by ury
| in civil and criminal cases, eXtendrd
to and applied in the Territory OF
| Dakota.
4. 1t was the settled law in the
, Territory by virtue Of the sixth and
| seventh amendments TO the Federal
| CONSTITUTE ION, that in both civil and
terminal cases the trial jury consist
ed Of twelve men with the indiSpen
sable requirement Of unanimity ~
1.-THE verdict. tnanimitv was one OF
1.-THE peculiar and essential features
(of trial by jury ut common law anc
1.-THE constitutional right Of trial by
Jury in civil eases was secured bN
the seventh amendment to tn" Fed
cral Constitution against cncroach
mcnt in the Territory of Dakota by
attempting to authorize Il verde
without the concurrence therein o
all twelve jurors.
). The provisions Of the Bill o
Rights in the Constitution of Nortl
Dakota, securing trial by jury. d.
not extend the right; they only Sc
) cure it in the cases in which it wa
a matter of right before, and in doini
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06

in the sound discretion of the, trial
court; but such impeaching inter
rogatories rs are put to him should
be SO framed as to permit of cate
gorical answers. and should not, be
such as to simply suggest inference.
or raise collateral issues. for the
jury The record in the instant case
examined and the examination COM
planned of, held, for reasons stated
in the opinion, to be improper and
rejudicial.'
Appeal from the District Court of
Ward County, Hon. Geo. II. NOEL
ring, Judge. From judgment of
conviction of robbery and from an
order denying his motion for new
trial, defendant appeals.
Reversed.
Opinion of the Court by Nuessle, j.
Christianson, Oh. j. dissenting.
Fisk & Nash, of Minot, attorneys
for defendant and appellant.
George |. Rodsater, of Mohall, ana
F.. K. Sinklyer, of Minot, attorney
for respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
AUDITORS Will
FORCE PAYMENT
OF HAIL LEVY
Orders Issued to Refuse Mill
Tax Payments Until Hail
Levy Is Settled

instructions issued to county au
ditors at meeting Of the state tax
equalization board yesterday direct
ed auditors to refuse TO receive tax
payments in cases where mortgages
of property decline to pay the state
hail insurance tax.
The instructions were issued fol-
lowing requests by auditors for di-
rection as to procedure in view of "A
recent decision by the state supreme
court holding that hail insurance
does not constitute a prior lien to
mortgages issued before the hail
insurance act became effective.
r. IT, II. Thoreson, state tax com
missioner, today said liIft decreases
in valuation of property might be
made by the tax equalization boa:d
and that increases would be ordered
only in specific instances.
The board will meet August II to
establish the stas,rd value per acre
for farm land m each of the SO
counties in the state.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
FARM'RS FACED
WITH FAILURE,
Y0UKUM WARNS
Washington Publicist Urges
Legislative Aid to Save
Agriculture

Tacoma. Wash, Aug. G.-N)-Any
program of farm Legislation contem-
plating paternulistic regulation Of
price returns on agricultural prod
ucts will fail to bring about farm
rehabilitation in the United States,
b r. Yokum, Washington pubicIst,
under the auspices Of the Chamber
Of Commerce Of the state of Wash
ington.
AT the very tim" when all farm
legislation was awaiting the report
of the Presidents Agricultural Com
mission, the Curtis Aswell bill, pro
vlding for market control by tn"
farmers, was held in allegiance, al
though it had been favorably and
unanimously reported out by the
Senate Committee on Agriculture,
Iokum stated.
THE United States and State Gov
ernments spend an average OF IL
million dollars a year through what
is termed field work. he continued
Experts and students are sent
throughout the country to teach tn,
farmers how to develop greater pro
duction of their bankrupt business.
THE agricultural colleges of tn.
country could enormously incrcas,
their good work if they would in
augurate a training course in Ma
1ional distribution and marketing o
the products of agriculture.
THE first step in this movemcn
would be to place the distribution
and marketing of agricultural pro
duction under the control Of Thu
farmers themselves, so that the,
instcad Of the large and affucn
element, who have nothing whatevc
to do with and know nothing what
ever of agricultural production
would enjoy the profit which come
from the marketing end Of the farm
ing industry.
Market control by the farmer
would naturally cut down the price
to consumers which now are fixe
arbitrarily by the dealers. Out O
the changed condition that would b
brought about by transferring cor
troll Of marketing 70 the producer
would grow relationship betwee
farmers and consumers that WOul
approach that ideal economic stat
wherein the producers would deal /;
directly as practicable with the COZ
SumerS.
Until this condition is brougl
about there can be no permanei
restoration Of the gigantic ugricu
tural industry to profitable basi
Until that sort of restoration begin
to function bankruptcy in our gre
farming industry will continue
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
THE BISMARCK TRIBUNE

Ward County, Lowe, J; from an or
der denying a motion for Il new
trial, or, in the alternative, judy
ment notwithstanding the verdict,
defendant appeals.
Reversed and reminded.
Opinion Of the Court by Burke, j
T.. II. Bradford. Minot, N. d., at
torney for Appellant.
+. r. Sink!er and G.. o. Brekke
Minot, N. Dak, attorneys for Re-
spOndent
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-06
From Ward County

State of North Dakota. plaintiff
and respondent, VS.. Ed. King, defend
ant and appellant.
Cd The question Of the proprlety
of argument of counsel to the jury
is addressed to the sound discretion
Of the trial court, and the ruling of
the trial court with respect thereto
will not be disturbed except in case
Of abuse Of such discretion. The
record in the instant case examined
and held, for reasons stated in the
opinion, that there was no abuse o.
discretion on the part of the trial
court.
(2) Where in the trial Of a Grim.
NAL case the defendant takes the
stand as witness. he therehv s"h-
jects himself to cross examination
the same as any other witness, anu
his credibility is subject to attack in
the same manner as that OF any
other witness who may testify. FOi
the purpose of impeachment, inquiry
| may be made of him as to cOllatera
matters tending to disgrace, degrade
or criminate him, and the extent anc
latitude Of such mination j.; with