davidaulloa/AmericanStories huggingface dataset:
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-27
CHARGES FOLLOW CRASH
Man Hurt in Accident Sent to Jail;
-Four Affidavits Filed.

BD Times Special
NOBLESVILLE, Ind, Oct. 81
Four affidavits were filed here to-
day growing out of the automobile
accident at Carmel Sunday night
in which five machines were badly
damaged.
Velent Shrink. his wife and Joseph
Polkorap, all Of Kokomo. were
charged with intoxication, and Ste
phen Pokorap, aso Of Kokolno, is
charged with driving while drunk
Shrink, who sustained a broken shou-
der in the accident, on account Of
his boisterous disposition, has been
removed from the hospital to the
iail
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-27
|0ld Folks Must
mot Use Physics
While DR.. w.

While DR.. w.
B. Caldwell of
Monticello, ILL.,, a
practicing physi-
clan for AZ years,
knew that con-
stipation was the
curse of advanc-
ing age, he did
not believe that
a purge" or
"physic" every
little while was
necessary.
To him, it
seemed cruel that
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-27
COLLINS MARSHALED
FOR BIG HALLOWEEN
Stores Report Costumes, False Faces and Favors Are
Much in Demand-Many Noise Makers Available

cross your fingers, spin around once
on your right heel and go merrily
on your way.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-27

SO many constipated old people had
to be kept constantly Stirred up"
and half sick by taking cathartic
pills, tablets, salts, calomel and nasty
oils every day or two.
In pr. Caldwell's Syrup Pepsin he
discovered a laxative which regulates
the bowels of old folks. A single
dose will establish natural, healthy
bowel movement for weeks at a
time, even for those chemically con-
stipated. DR.. Caldwells Syrup Pep
sin not only causes a gentle, easy
bowel movement but, best of all, it
is often months before another dose
is necessary. Besides, it is absolute
ly harmless and pleasant to take.
1
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-27

John Shields, Marylands cham
pion whittier, has made a violin
from matches.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-27

II peI@oI IIAIy
bottle at any
store that sells
medicine and
just see for
yourself.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
67DAY SCHOOL
BILLPR0P0SED
FOR RURAL AID
Would Permit Country Boys
To be Free For Farm Work
In the Spring

Introduction of H. B.. % and it's
companion measure II. B. %, by Rep.
c. H. Starke of Stark county which
if enacted would permit six days a
weQ school sessions at the option
Of district school boards, are but
the fOrerunners of great grst of
school legislation ranging from the
biennial fight over the matter of
transportation Of rural school chill
drept to an attempt to repeal the
state aid to rural and consolidated
schools.
During the early school months
of the fall term and in the spring
older boys in dozens of districts in
our part of the state at least said
Mr.. Starke, care needed at home for
farm work. During the winter
months, however, it is possible for
them to attend school six days.
believe that a district board should
have the option to order school ses-
sions conducted six days of the
week, if they so elect during certain
periods of the year. The present
law makes illegal anything other
than five days of school per week."
Rep. George w. Morton of Dunn
county, who in the 18th legislative
assembly sponsored measure which
had the purpose of cutting down the
transportation expense, is hostile on
the point Of what he terms extra
VACANT costs" in the matter Of trans
porting school children.
The present statute provides that
children whose parents live two
and a quarter miles from school
cents. However, he asserts, the law
is vague as to whether this is Is
cents per pupil or IS cents per chill
dren, of a family. He will introduce
a bill within the near future which
will set three miles from the school
house as the minimum for which the
school district is liable for trans
portation and ten cents per pupil
as the maximum fee allowed.
Other members Of the legislature
are out for still more drastic chan
ges., Rep. Herman Rabe of Stark
county, who, himself trudged for
miles over the prairie as youth to
the district school, is in favor of
repeal of the transportation act.
"The state and school district pro-
vides the school, the teacher, the
fuel and the books. We have COM
pulsory education law. 1t is up to
the parents, under the compulsory
education law to see that the chill
dren attend SCHOOL, is his plant.
Repeal of the statute which pro-
vides state aid to rural and consol-
idated hools, and which costs the
state approximately 100000 per
year, is sought in other quarters.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
LEGISLATIVE CALENDAR

district school boards as to adop-
ton of six day a week sessions, rs
allowed under II. B. %.
II. B. 24-Appns. Com; SIS 900 to
make up deficit at State Training
School Mandan, occasoncd through
insufficient appropriation last SEES
sion. a .. a.
II. B. 25-Appns. Com; SI53,250
| for Dickinson Normal
H. B. 26-Appns. Com; $50 900 to
make up deficit in wolf, coyote and
maybe bounty fund.
II. B. 27-Appns. Com; $247,125
for Minot Normal school
H. B. 2S-Appns. Com: $3l,294 for
Glendale Normal.
II. B. 29-Appns. Com; $4,000,
Mayville Normal.
H. B. 3O-Appns. Com; $325,25O,
Valley City Normal.
H. B. 31-Appns. Com; $4,000
to tuberculosis sanitarium at Dun
seth.
H. B. 32-Appns. Com; $s6,5OO
to state hospital for insane, James
town.
H. b. 33-Appns. Com; $274, 900
for state penitentiary.
H. B. 34-Appns. Com; $151 ,0O4,
school for deaf, Devils Lake.
H. b. 35-Appns. Com; $89,12O
State School of Science, Wahpeton.
H. b. 36-Appns. Com; $267, 200,
feeble minded institute, Grafton.
H. B. 37-Appns. Com; authorizes
moving of state mining experimental
station from Hebron to university at
Grand Forks and authorizing indus
trial commission to dispose of state
property at Hebron.
H. B. 3S-Appns. Com; $4,000
! from fees collected by game and fish
department for operation of depart
ment and various hatcheries and
game preserves.
H. B. 39-Appns. Com; SIG, 400
expenses transportation officer.
H. B. 40-Apphs. CON-; $4,000
for immigration commissioners de-
partment.
H. B. 41-Geo. n. Rasmussen, (NL)
Barnes; concurrent resolution call
ing for constitutional amendment
to create a three man highway COM
mission appointed by the governor,
establish system Of state high
ways and establish state highway
fund. Part of the Moe Good Roads
plan.
H. B. 42-Appns. CON-; $4,000
for payment Of loan made to Dick
inSOn normal
H. B. 437 Shurr, Thatcher, Swim
gen and Stretch Gall N. L. Botti-
neau, calling for appropriation of
$74,800 for establishment of the
State School of Forestry at Botti-
neau which was discontinued by the
1923 session of the legislature. Bill
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
WOULD REMOVE
Ignite MIN F.
HEBRON PLANT
Continued from page ~

toOuliHuc0 iLVHh pdSC ~
the district court held that it could
not compel the state to meet the
liability it found existed.
Beginning of committee work was
announced. Senator Krctschmar told
the Senate he would call the appro-
priations committee into session to-
morrow, Senator Ingerson called the
committee on banks and banking
together for short session tonight,
and Senator Frederickson said that
the committee on public health
would take up the child labor amend
ment tomorrow, and probably set a
herring date.
Burdick Introduced
Usher l.. Burdick, Lieutenant
Governor and presiding officer of
the Senate during the 1911 session,
was escorted to the rostrum, and
introduced by Lieutenant Governor
Walter Maddox for short talk.
''The people have confidence that
questions of right and wrong will
be decided in this body regardless
of leanings in a political way" Mr..
Burdick said
Comparing the session of 1911 to
the present one, he said that the old
progressive group in that body was
wrestling with experimental prob
lens, such as the primary law.
at is your task in this session
largely to pilot the state in regard
to past experiments" he said. "Many
of the old progressive group did not
favor state ownership and I, for one,
am not in favor of it now. But you
have institutions and experiments
which must be the subject of your
action now"
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
From Cass County

From Cass County
The Continental Supply Company
Plaintiff and Respondent, VS.. The
| Syndicate Trust Co., a co-partne rs hi :
consisting Of p. j. Burfening, ct al
Defendants. p. J. Burfening, De,
PENDANT and Appellant.
SYLLABUS:
!. Amendments to plead ings
should be literally allowed in fur
| thcrance of justice; allowance there
of should be the rule and refusal
the exception and this liberality
should be exercised particularly in
cases of proposed amendments to
answers. If, by reason of the al
lowing of an amendment to the an
swer, alleging new defense, the
adverse party be in fact surprised,
the case should be continued for a
reasonable time, and in addition
thereto, such terms imposed as will
fairly. compensate for the expense
and Inconvenience occasioned as the
natural and necessary result of per
hitting the amendment.
2. Permitting or refusing amend
ments to the answer, setting up new
defenses, is largely discretionary
with the trial court. The discretion
Of the trial court in this regard
will not be disturbed on appeal ex-
cept in case of evident abuse.
3. When permitting a new de-
Tense to be interposed by amend
ment, a short time before trial, will
necessarily occasion inconvenience
and expense to the other party, and
perhaps delay the trial of cause al
ready at tissue, on the calendar for
the. term, and in which the deposit
tions of material witnesses, living
in remote states, have been taken
on the assumption that the issues
had been made oy the pleadings, the
party who wishes to amend should
satisfy the trial court both as to
his diligence and his good faith.
4. The affidavit in support Of the
motion for continuance should or
dinarily contain a specific allega-
ton to the effect that the facts to
which the absent witness will testify
can not be proved by other witness
es whose testimony may be, or, by
diligence, could have been, made
available at the trial.
S. In the affidavit for a contin-
uance, the moving party should state
the facts, not merely his conclu-
sions, as to diligence in procuring
the testimony of the absent witness
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15

pany in filing this new schedule Of
rates will meet with the general ap-
prevail of the public, and it should
have the effect of discouraging lit
igation.
''In all of the proceedings had
before this Commission we have
been impressed with the splendid
service furnished by the Utility, and
the fact that the Company is able to
operate with a schedule of rates as
are here provided, is proof Of the eff
ficiency of its management. In fact,
We have always conceded that the
service furnished by the company
was excellent. The members of the
Commission are pleased with the
action of Mr.. Hughes in filing this
schedule Of rates, thereby eliminat-
ing further proceedings"
New Schedule
The new schedule of rates follows:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
Local Banks
Rename Officers

Both national banks of Bismarck
reelected officers in their annual
meetings.
The First National Bank reelected
c. p. Little president, J. L. Bell vice
president and F. E. Shepard cashier
and declared the regular dividend, it
was announced.
The City National Bank rejected
p. c. Remington president named j.
A. Graham vice-presidelt and cash
Ter, and it was announced that Ar
thur. ". Sorenson of the First Ma
tional Bank of Madelia, Minnesota,
was named assistant cashier to sue.
coed C. M. Schmeircr.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
asks $62,56O for faculty and employ
ees, $4,000 general repairs, $4,000
equipment and 5000 miscellaneous.
SUPREME COURT

From Bowman County
Bowman County, political
| subdivision of the State of
North Dakota, and Anna M.
Spire, Auditor OF Bowman
| County,
Plaintiffs and Respondents.
VS..
! VIM. A. Mcintyre, and the
State Bonding Fund of the
State Of North Dakota, -.
Defendants.
State Bonding Fund of the
State of North Dakota,
Appellant.
SYLLABUS:
1. Sections and 8 of Chapter
1853, S. L. 1919, providing that a
claim against the State Bonding
Fund shall be filed Immediately upon
and in no event later than sixty days
after the discovery of any wrongful
act on the part of any public en-
ployee for which the State Bonding
Fund is or may become liable, are
mandatory and create condition
| precedent to claimants right OF
recovery. Madden v. Dunbar.
! 2. The Prescriptions enumerated
in Section 1886, c. l.. 1913 are dis
putable UNCONVENTIONAL presump-
tions and will not stand as against
matters of fact to the contrary ad-
mitted on demurrer. ..
3. Under Section 7461, C. L. 1918
providing that in pleading the per-
Torrance of conditions precedent in
a contract it shall not be necessary
to state the facts showing such per-
Torrance but it may be stated gen.
orally that the party duly perform
ed all the conditions on his part and
if such allegations are controverted
the party pleading shall be bound
to establish on the trial the facts
showing such performance, an allie
cation that a claim against the State
Bonding Fund was duly presented is
sufficient as against demurrer.
4. The deposit by county trea-
surer of county funds in deposit
tory bank in excess of the amount
of depository bonds Of such bank,
contrary to the provisions of Chap
ter Sc, S. l.. 1921, constitutes a
breach of duty on the part of the
treasurer and breach Of condition
| of his official bond issued by the
State Bonding Fund under the pro-
visions Of Chapter 1853, S. L. 1919.
S. A complaint setting out q
breach of an official bond issued un-
| der the provisions of Chapter 1853
S. l.. 1919 is good as against demur-
rcr, though there is therein no cx-
press allegation of damages on ac-
count of the breach, since the law
implies damages.
Appeal from the District Court OF
| Bowman County, Hon. f. r. Lembke
| Judge. From an order overruling q
demurrer to the complaint, the de
PENDANT State Bonding Fund appeals
AFFIRMED: =.
Opinion of the Court by Nuessle
| j.
Crum & Crum, of Bismarck, At
torncys for Appellant. ~,
| Mark H. Amundson of Bowman
Attorney for Respondents
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
SIXTEEN YEAR
OLD MURDERESS
UNDER ARREST

San Francisco, Jan. 15.-MisS Dor
othy Ellingson, sixteen year old
daughter Of Mrs. Hannah Ellingson,
who fled from the Ellngson home
here after her mother was shot to
death, was arrested today by detec-
tivcS who found her about~two miles
from the scene Of the shooting.
"fes,' the girl said, 81 killed
her because she .upbraidcd me for
going out with men,"
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
ELECTRIC RATE
BASIS IN CITY I
is DECREASED
.(Continucd from page one.)

which will include part of the cur
rent consumed during the month Of
January, is reasonable.
81 am particularly we'll pleased
with the general Lighting rates. You
will notice that the first twenty-five
kilowatts will be billed at 10 cents
and that thereafter the consumer
will receive current for 9lac. The
larger consumers will have the ad-
vantage of the additional steps which
have been provided. The City of
Bismarck, as a large consumer, will
receive large reduction. feel
certain that the action of the COM
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
PROTEST WRIGHT CUSTER

:: jamestown, N. D., Jan. l5.-Kesoiu-
tions have been adopted by the Min
isterial association and the executive
committee of the Law and Order
committee of jamestown protesting
the recent dismissal of Dana Wright
from The police force Of jamestown
The resolutions declare:
"The arbitrary dismissal OF a
policeman of recognized integrity
character, efficiency and fearless
ness, moral as we'll as physical, with
out any charges made or preferred
against him, tends to, lower the
standard Of public office, encourage
the violators of law. and lower the
respect for law
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15

Dependable! No other cathartic
or laxative acts os gently on the
liver and bowels as "Cascarets."
They never gripc, sickcn. or incon-
lanianeo You. They gQsitiYely
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15

Special prices on children's
coats, age from 2 to II. For
$4.95, $6.75 and $7.95. Sarah
Gold Shop.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
Senate Calendar
New RillS


S. B. 81 Stevens, (IndD Ramsey
Repeats section 921-927 requiring
the secretary of state to issue a
publicity pamphlet prior to eacn
election wherein candidates or spon-
sors of initiated or referred meas
ures may comment. Estate Affairs,
S. B. 28-Appropriations commit
tee; repeats 200 fund for aid to
Society for the Friendless, elimin-
ated by budget committee.
S. B. 28-Appns. Com. repeats Sec
tion 1O96O, C. l.. 1913 granting
fund to society for prevention of
cruelty to animals.
S. B. 39-Appns. Com. repeats BIZ
ennial allowance for per diem and
expenses of Investigators of artesian
wells and water supplies.
S. B. 31-Appns. Com. repeats
Section 335, c. l.. 1913 relating to
expenses of publishing notice of sale
of university and school lands. Cow
cred otherwise in the budget.
S. b. 32-Appns. Com. repeats sec
tion 1862 G.. l.. 1913 relating to the
expense of advertising common
school lands for lease. Covered 9TH
erwise in department budget. Neither
this, nor S. B. 81 repeats the publ
cation requirement but the standing
appropriation for same, such costs
to be determined semiannually and
appropriated to the department by
the budget board.
S. B. 33-Appns. Com; gives 81 900
aid to N. ID. Dairymen's association.
S. B. 34-Appns. Com; makes bi-
ennial $4,000 allowance for offer Of
rewards for apprehension of GRIM
inals.
S. B. 34-Appns. Com; gives $l0,-
600 to Florence Crittenden home,
Fargo.
S. B. 36-Appns. CON-; appropri-
ates 100000 for the biennium for
maintenance of N. D. National guard.
S. B. 37-Appns. Com; appropri-
ates $38, 208.34 for repayment Of
$4,000 loan by Carnegie institute to
the Glendale normal, with interest.
House Calendar
New Bills
H. B. 22-Starke, (Ind.) Stark;
changes statutes relating to oper-
alton of public schools to make pos
sible holding of school six days of
the week. Present law fixes school
week at five days. Author contends
in many rural DISTRICTS desire is to
hold school six days to allow pupils
behind in studies through need of
services in farm work, to catch up
with classes and absorb more "learn-
ing"
H. B. 23-Starke; reyiscs present
statute to make it cptlcaa. with
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
Appointed New
German Chancellor

Berlin, Jan. 15.-Dr. Hans Luther
was this afternoon appointed Ger
man Chancellor.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
From Ramsey County

From Ramsey county ~
Rose Brottman, Plaintiff Re spond
ent. VS.. John Schela, Defendant
Appellant.
SYLLABUS:
Where one who owned building,
wherein he conducted a grocery
business, leased the building and
sold the grocery business to another,
with an agreement after the expir-
alton of the lease to repurchase the
same, and where, before the expir
alton of the lease, the other party
purchased the building upon writ
ten agreement and upon the alleged
oral agreement that the vendor would
not engage in the grocery business
on the West Side of, the City of
Devils Lake, and where no mention
is made in the written contract or
in the oral agreement of the good
will of the grocery business as the
subject of sale, and the same can
be established only by indircction
or implication through the price OBJ
tanned for the building and the value
thereof, it is held, for reasons sta
ted in the opinion, that the record
fails to establish the sale of the
good will of the grocery business
and that. hence, the alleged oral
contract, being in restraint of trade
was void
In District Court, Ramsey Coun-
ty, Buttz, J. Action to enjoin de-
PENDANT from engaging in the gro
Gerry business. Defendant has APP
pcalcd from the judgment and de
mands trial de novo.
Judgment reversed.
Opinion of the Court by Bronson
Gu. }.
Christianson, j., dissents.
| Flynn, Traynor e. Traynor, Devils
Lake, N. d., Attorneys for Defend
ant-Appellant.
Cuthbert g. Adamson, Devils
Lake, N. d., Attorneys for Plaintiff
Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
Called Home

Called Home
Representative j. ID. Root has been
called to his home at Guelph, Dickey
county. because his wife suffered a
fractured ankle in fall on the ice.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
For Constipated Bowels, Sick Headache.
Colds, Sour Stomach, Biliousness

strengthen and regulate the bowels,
restoring natural, regular movement.
"Cascarets" are harmless and are
used by millions of Men, Women and
Children. 10c boxes, also Is and b0c
sizes any drug stQga.-AdYs
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-01-15
THE BISMARCK TRIBUNE

or of other witnesses by whom the
same facts could be- proved.
6. Where, in suit against Il
partnership, one partner having an
swered, it affirmatively appears from
the affidavit for a continuance, or
may be fairly inferred from the
facts in the record properly before
the trial court, that some or all the
copartners knew the facts to which
the absent and answering partner
would testify, is present, it is not
an abuse of discretion to deny "A
continuance when there is no eX.
PLANTATION why such copartners or
their testimony can not be procured
for the trial.
7. The liability of partners is
joint. and not joint and several.
(Sec. Gll0. c. l.. 1879
s. In a suit against "A partner
ship. where only one copartner is
served and defends the action, if
the plaintiff prevail the judgment
should be entered against the firm,
and not alone against the defendant
served, under section 7435, c. L..
1913.
8. A stipulation in promissory
note for attorney fees in case of de-
fault is contrary to "public policy
and void,' if made in this state, un-
der section 1871, c. L. 1913; and it
will not be enforced by the courts
Of this jurisdiction, Notwithstanding
the instrument was executed in a
foreign state where such a provision
could be lawfully Incorporated there
in.
Appeal from District Court Of Cass
County, North Dakota, Hon. H. L..
Berry, j. Modified and affirmed.
Opinion Of the Court by Johnson,
j.
Conmy. Young, and Burnett, and
j. p. Conmy and Edw. Pearce, all of
Fargo, N. d., Attorneys for Appel
ant, p. j. Burfening.
NJ A. Hildreth, Fargo, N. D., At
torney for Respondent.