davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-05

Torrance of the legal duty involves
the exercise of judgment or dscre
ton, such Judgment or discretion
cannot be controlled or the exercise
thereof compelled in a particular
manner.
OBJ That the City Commissioners
have a discretion as to whether and
on what terms and for what pur-
poses the city auditorium shall be
rented.
(c) That in the absence Of any
facts and circumstances whatever,
showing or tending to show that the
discretion was arbitrarily and un-
reasonably exercised, the trial court
properly refused to issue the writ Of
mandamus.
cd The limits of the discretion
of the Commission in leasing or re-
fusing to lease the auditorium are
not defined.
Appeal from District Court, Bur-
leigh County, quashing an alterna-
tive writ of mandamus and dismiss
ing the action, Fred Jansonius,
Judge.
Opinion of the Court by Johnson,
J.
AFFIRMED:
F.. o. Helstrom, Bismarck, North
Dakota, Attorney for Appellant.
c. L. Young, Bismarck, North Da-
kota, Attorney for Respondent.
Ernm Ward Cn,nfx
State Bank of Fairfax, of Fair
fax, Minnesota, corporation,
PLAINTIFF and Appellant
VS..
/ w. F. Blum,
Defendant and Respondent
SYLLABUS:
' Following Stubbins Hotel Co., v.
Beissbarth, 43 N. ID. 1911, TIA NJ. w.
217,, and First State Bank Of Hazen
V. Radke, N. d., 1919 N. w. $50. it
, is held, that in an action on a ne
gotiable promissory note, where the
maker alleges want of consideration,
the burden is on him to prove that
defense by a preponderance Of the
, evidence on that issue
Appeal from the district court of
Ward County, Lowe, j.
! Plaintiff appeals from the judg-
ment and from an order denying its
motion for judgment notwithstanding
the verdict, or for new trial.
REVERSED AND REMANDED FOR
A NEW TRIAL:
Opinion of the Court by Christian
son, Oh. j.
b. +. Crippen, Of Parshall, N. d.,
and Ray o. Miller, of Minot, N, D..
for appellant
MCGEE & Goss, of Minot, n. d., for
respondent.
From Ward County
In the Matter of application for writ
Of Habeas Corpus on behalf of
| Alice Solberg
State ex rel Mrs. A. Solberg,
Petitioner.
A. S. Spicher. Sheriff of Ward
County, North Dakota, and
William McClelland, Superin-
tendent Of the State Training
School.
Respondents.
SYLLABUS:
i. In a proceeding under the
juvenile law both parents Of child
alleged to be delinquent are entitled
to notice Of the hearing and an OPP
portunity to be heard before the
juvenile commissioner, under section
ll,40G, c. L. 1917, and also of the
hearing before the district judge on
the report and recommendations of
such commissioners, pursuant to Sec.
!, Chap. 80, S. l.. 1921, in the manner
prescribed by Sec. II, 4O7.
2. Upon habeas corpus the court
ordinarily will inquire no further
than to determine whether the court
had jurisdiction. The jurisdictional
inquiry will extend to the question
of the jurisdiction of the court over
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-05

Nutmeg is the kernel of a fruit
found in Africa and South America
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-05
RICH IN ORNAMENTS

The evening gowns OF this sea
son are rich with ornamentation,
SO that while the lines are simple,
1t is easy to tell the newer models.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-05
CITY NEWS
st. Alcxius HOSPITAL

Admitted to the St. Alexius hos
pital for treatment:
Miss Norma Hollensworth, city;
Robert Risch, Baldwin; Mrs. f. w
Peavey, Braddock; John Silbernagel
Napoleon; Mrs. j. f. Kane, city; NJ.
+. McCarty, city; J. j. Bohrer, Krem /;
Mrs. Conrad Broxmeier, Mandan
Mrs. Geo. Zachmeier, Mandan.
Discharged: Miss Nina Manly, Nc
Kenzie; Carl Entzel, Dodge; Mrs. II.
w. Case, Elbowoods; Eugene Schultz,
Bowbells; Mrs. Frank Stag and twin
sons, city.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-05
SUPREME COURT

From Ward County
S. j Rasmussen,
Piaintiff-Appellant
Ii. c. Chambers,
Defendant
Second National Bank of Mi
not, North Dakota, corpora
ton,
Garnishee
Estella NJ. Smith,
Interpleaded Defendant Respondent
SYLLABUS
/. While the court will carefully
scrujpiZe transactions between per-
sons of close blood relation in ac-
tons wherein alleged fraudulent con-
veyances are involved, such blood re-
iation does not warrant u cOnclu sion
that the transaction is fraudulent;
and transfer of real property by q
brother to his sister in payment OF
bona fide indebtedness is valid
transfer under Section 1918 Compil.
ed Laws of 1913.
2. An examination of the evidence
in this case, for reasons stated in
the opinion, justifies the findings OF
fact and conclusions of law found b!
the trial court.
3. The findings of the trial cour'
in an action at law where jury
trial has been waived are presump
lively correct, and will not be dis
.turbed unless shown to be clearly
against the preponderance of the evi
dence.
:, Appeal from District Court, Ware
County, Moellring, j. Plaintiff has
appealed from the judgment of the
District Court of Ward County.
AFFIRMED:
= Opinion Of the court by Burke, j
F. B. Lambert, Minot, N. D., Attor.
ney for Plaintiff appellant.
Campbell & Funke, Minot, n. d.
Attorneys for Defendant, Interplead-
ed Defendant and for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-05
FOR AFTERNOON

For afternoon the smart colors
are black, navy blue, beige, havane,
cinnamon, gray, red and dull green.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-05
COJORED LACE SMART

COlOreG lace frOcks trimmed
with chiffon or crepe of the same
shade are very smart.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-05
From Ward County

In the Matter of application for writ
Of Habeas Corpus on behalf OF
Alice S.olberg.
State ex rel Mrs. A. Solberg,
Dc
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-05

A. S. Spicher. Sheriff of Ward
County, North Dakota, and
William McClelland, Superin-
tendent Of the State Training
School.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-05

Second National Bank of Mi
not, North Dakota, corpora
ton.
Evening star., 1925-05-13
{. R. WHITE LIKELY
FOR HENN|NG POST
Labor Aide Would Advance,
With Husband Expected
as Successor.

Selection of Carl Robe White Of
Muncie, Ind, to be Assistant Secre-
tary of Labor, succeeding r. j. Hen
ming, who has been appointed to a
Federal judgeship in southern Cali
fornia, is expected to be announced
at the White House within a day or
two.
Although definite announcement was
not forthcoming from the Labor De
partment, indications were that Mr..
White. who is Assistant Secretary in
charge of immigration matters, will
succeed Mr.. Henning. and that w.
Walter Husband, commissioners general
of immigration, will succeed Mr..
White. 1t was also predicted that
former Representative Harry E. Hull
of Iowa would succeed Mr.. Husband
as immigration commissioner. Mr..
White. a prominent attorney of In.
diana, entered the Labor Department
in 1921, and has served as chairman
of the board of appeals on immigration
cases and as Assistant Secretary. He
handled the Firpo and other famous
cases which have come before immi
grafton authorities.
Mr.. Henning has left Washington to
take. up his new duties in California.
Evening star., 1925-05-13
MRS. STOREY is GUEST
AT ZONTA CLUB Meeting

Mrs. William Cummings Storey,
honorary president of the Daughters
of the American Revolution, principal
speaker and honor guest at the meet
ing of the Zonta Club yesterday, ad-
vocated the provision of adequate
equipment for strong national de
fenSe.
Mrs. Storey also stressed the need
of greater emphasis on spiritual de
velopment and the fostering of the
true religious element in civic rela.
tionS.
Miss Elizabeth Harris, delegate from
the Washington Zonta Club to the
national convention of Zonta clubs to
be held in Toledo, Ohio. on May 16
and II, was given instructions rela-
tive to her work there.
Other guests of the club were Mrs
Pearl V. Metzelthin, a delegate to the
International Council of Women; Miss
Florence Finch of the Women's Ma.
tional Republican Association. and
Mrs. D. J. Weyman.
Miss Jesse La Sale presided.
Evening star., 1925-05-13
PLAN TO AID VETERAN.
Concert Friday Night by Costello
Post of American Legion.

A benefit concert for Walter Wynn,
Iegless, partially paralyzed and blind
ex-soldier, will be given under the au-
spices Of Vincent P. Costello Post. No.
10, American Legion, in the Wash
ington Auditorium Friday night at
S:15 o'clock. Maj. Gen. Anton Stephan
is chairman in charge of arrange
ments and number of operatic stars
are to take part In the program, it is
announced.
In giving the concert a wish of the
late DR.. Kate Waller Barrett, who
was a past national president Of the
American Legion Auxiliary, is being
carried out. In her last letter to an
officer of the American Legion, which
was written to Commander Charles
Kohen of Vincent P. Costello Post,
DIR. Barrett asked Mr. Kohen to care
for Mr.. Wynn during her stay in Bos-
ton. 1t was just after returning from
the latter city that DR.. Barrett be-
came i'll and died.
Evening star., 1925-05-13
WOMAN TQPREACH
CHRIST IN INDUSTRY
English Delegate to Quin-
quenniaI Will Spend Three
Months in U. S.

Miss knight Bruce, English dele
gate of the International Council of
Women, has come to the United States
to preach a new evangel-the practi-
cal Christianizing of industry.
During the next three months she
is scheduled to deliver more than 100
addresses to business and labor organi-
cations in American cities on the doc
trine which, she claims, already has
found wide acceptance in her own
country.
Is Vigorous Worker.
Miss Bruce, her compatriots say, is a
whirlwind campaigner for Christ amid
smokestacks. Last Fall she delivered
80 addresses in one month. She Is the
daughter of the first English mission
ary. to Central Africa.
1T is one thing to say" Miss Bruce
said, that industry needs Christ. 1t Is
n comparatively new idea in the world
but it is only empty words unless
there is a scientific plan of procedure
1.-THE first problem we faced was
to find out just what Christianity
was--I do not mean sectarian
Christianity. but the vital principle
Itself. We have succeeded, l think
as to four active constltuents-Sanc
tity of personality, brotherhood, free
uonl ana the Sacramental Value OF
things. Under these heads the whole
philosophy of Christ, as it applies to
working life and not necessarily ia
church worship, can be subdivided.
This attitude places heavy respon'
sibilities on both labor and capital.
Curb on Employers.
"The first constituent, the sanctity
of personality, means that the in
dividual cannot be used as means tC
an end-that all men are due equal
opportunities of development. This
places a strong rein on employers
willing to accept our doctrine.
1.-The last, the sacramental value OF
things, restrains labor also. 1t means
that things exist only to serve life
that the real meaning of money. for
instance. is life. 1t is up to each man
to develop himself and to look upon
everything he makes, not as dead
thing but as something created only
to serve life.
1T is the challenge of the moment
1t is Christ's challenge to indus
trialism."
Evening star., 1925-05-13
TRI-COIOR LIGHTS
GOVERNING TRAFFIC
to BE URGED HERE

Continued from First Page)
across a street when the light is
turned against him. These automatic
lights also can be connected with fire
engine houses in the downtown sec
ton, enabling the fire department to
set the stop light along a thorough
fare on which they are about to make
fire run"
Col. Moller also said he was told
the operation of the synchronized
lighting system has not slowed up
street car travel where 1t has been
installed on thoroughfares that have
car lines.
Placing Is Considered.
The traffic engineer indicated that
in the first installation on PennSyl-
vania avenue, for example, the lights
probably will be placed at every third
or fourth intersection. He said 1t
would be possible for motorists to see
them that far apart.
When the lights are first installed
Col Moller said, traffic policemen
would not be taken Immediately away
from any intersections where they are
now, but that eventually the synchro
nized system would enable the Police
Department to transfer men to those
points where automatic lights will not
be installed. He also stated that there
will be some intersections where 1t
will be necessary in rush hours to cut
the lights out of the synchronized sys
tenn and have them operated manuany
to meet the peculiar conditions.
Drivers Are Warned.
Traffic Director Eldridge today warn
ed motorists to remember that head
lights should be dimmed under the
new regulations on all we'll lighted
as a thoroughfare that does not call
for bright lights. Mr.. Eldridge said
he thought it would be a good general
rule for motorists to use their head
lights on all streets lighted by gas
lamps.
The director said it also had come
to his attention that some motorists
are driving at night with only one
front light, which is violation of the
law. He warned motorists also
against the practice of failing to turr
on the parking light when they leave
their cars on the street all night.
Following a tour of inspection ot
the vicinity of Center Market yester
day afternoon. Director Eldridge an
nounced that he would issue an, order
permitting angle parking in the area
bounded by Seventh, Ninth, B streets
and Pennsylvania avenue. On E
street. he said, angle parking will be
permitted both at the south curb ano
near the car tracks.
Evening star., 1925-05-13

| ton, who announced in Pittsburgh
yesterday that he had accepted an
invitation to represent the World s
christian Fundamental Association in
the prosecution of Scopes.
simultaneously. persons interested
IN the defense of Scopes, who con-
sented to arrest on May in order
to start a test case of the evolution
law, announced plans for the collec-
ton of fund to defray expenses of
carrying the litigation to the Supreme
Court.
Gets Financial Backing.
George w. Rappleyea, chemical
engineer and advocate of the theories
of evolution, who was responsible for
the issuance of the warrant under
which Scopes was arrested. announced
at Dayton that before starting the
proceedings he had obtained a guar
antee from the American Civil liber-
ties Union that 1t would cooperate
financially to carry the case to the
highest court.
Following his arrest, Scopes, science
teacher in the Rhea County High
School, was held for action by the
grand jury, which meets in August.
The Tennessee law became effective
March q and it was charged that in
several paragraphs dealing with evo-
luton were discussed. The biology
text book is one Of the regularly
State-adopted school books.
Mr. Bryan's acceptance of a role
in the prosecution, contingent upon
such representation being agreeable
to the legal department of Tennessee
came as the result of a request from
the Christian Fundamental Associa
ton, meeting here. The organization
also asked the Commoner to tour the
colleges and universities of the coun
try to present the arguments of the
fundamentalists before student bodies
and reply to advocates of the theory
of evolution.
Raped by Bryan.
"I have been asked to help in the
fight to preserve the integrity of that
law Tennessee evolution law), and
am going to do it," Mr.. Bryan said ir
an address to the Pittsburgh Presby
terry, after the invitation had been re
ceiyed.
I'VE cannot afford to have a system
of education that destroys the re
ligious faith of our children"
Mr.. Bryan, who from pulpit anc
platform and in the press has at
tackled the teaching of evolution, as
serted that carefully prepared figure.
| indicate that among freshmen who
enter colleges 10 per cent are withou
religious faith. BY the time they have
reached their senior year, the colleg,
atmosphere of unbelief has SO in
fiuenced their lives that there are A;
per cent who are without religion.
faith.
THE attack being made right nov
| upon those who stand squarely fol
the Christian faith of their fathers i.
rot an attack of orthodoxy. 1t is al
attack on religion he said.
There are about 5000 scientists ant
! probably half of them are atheists il
the United States. Are we going t.
allow them to run our schools? W.
/ are not"
Evening star., 1925-05-13
ACCUSES ALIEN WOMEN.
United States War Mothers Head De
nounces Disarmament Plea.

Charges by Mrs. Fl. H. McCluer, ma
tional head of the American War
Mothers, that the International Coun-
Gil of Women in session in Wash
ington is meddling and interfering
in national affairs and is attempting
to dictate the policy of the United
States furnished a dramatic climax
Council last night in the Interior De.
partment auditorium.
After pointing out that she had been
denied the right to express her views
before the quiquennial convention of
international Council of Women, Mrs
McCluer unloosed her broadside on the
organization. Her attack came unex-
pectedly just prior to adjournment
and served to bring back into the
auditorium a number Of persons who
were leaving.
Charges Alien MeddIing.
''The American War Mothers re.
fuse to be asphyxiated into silence -
Mrs. McCluer declared, referring to
the refusal of the council to allow her
to speak before it last week. "They
know that their voices will be heard
by the country, even though not
within the walls Of the Washington
Auditorium.
I'VE felt that 1t was extremely pre-
sumptuous for groups of women from
the old world to come to the United
States and suggest here disarmament
by example. We have a small stand
ing Army. It is they who should set
the example, and not we.
"Such objections as the American
War Mothers might make are not
wanted. 1t seems that the only thing
that was being gratefully received
was the contribution of 500. And
then we found that the $100 was a
contribution, and not what 1t had been
represented to bean admission fee
to the privilege of joining in discus
sions and putting motions"
Warns of Red Peril.
Senator Mile. Josephine Szebeko
president of the National Council of
Women of Poland, decried the Soviet
regime in Russia as ''the most hor-
rible form of slavery" while Nine.
Charlotte de Gaeoze Of Hungary
urged that efforts be made to combat
it's spread in other parts of the world
Insidious propagation of radical
movements in the country was at.
tackled by former Representative
Philip P. Campbell of Kansas. Other
speakers were Brig. Gen. Amos A.
Fries, chief of the Chemical Warfare
Service of the Army, and Capt. w. r.
Cluverius, U. s. N.
Resolutions indorsing efforts to
check the spread Of Communism in
the United States were adopted by
the council.
Evening star., 1925-05-13
DEALERS TO|NSPECT
CITY AUTOS FREE
Traffic Director Approves
Plan to Aid Owners Help
Enforce New Law.

Arrangements were completed to-
day by the Washinton Automotive
Trade Association, co-operating with
Director of Traffic Eldridge and the
Bureau of Standards, to expedite the
inspection of brakes, horns and lights
on all Washington cars, as provided
in the new traffic regulations. At the
request of Mr.. Eldridge, the automo-
bile dealers have decided to inspect
all cars in the District, each dealer
inspecting the cars of his own make
Inspections will be made by the
dealers regardless of where the car
was purchased or whether purchased
as a new or used car. They will
cover headlights. tail lights, spot
lights, horns, signal lights, foot and
hand brakes and visibility and illum-
inatfon of license plates.
Rudolph Jose, chairman of the in
spection committee of the dealers
association, today outlined to Direc-
tor of Traffic Eldridge the associa-
tion's plan for carrying out the work
of inspection. After inspection the
dealers are authorized to issue a card
to the owner which will be known
as the inspection certificate of the
Washington Automotive Trade AS
socfation. This certificate Will be rec
ognized by the traffic force as sig
nifying that the car owner has COM
pied with the requirements of the
traffic law.
Must Keep Car FIT"
Over the signature of the director
of traffic the reverse side 81 the GER
| tiflcate will read, in part:
This certificate does not, however,
| absolve the owner thereof from re-
sponsibility which the law imposes to
keep his equipment in proper condi-
| ton at all times"
While the possession of such a
certificate will not relieve the car
owner of the responsibility of keeping
his car in adjustment, Mr.. Jose points
out that in the interest Of safety and
compliance with the District laws It
| is desirable and advisable that all car
owners have their machines inspected
Mr.. Eldridge commended the Wash
fngton Automotive Trade Association
| for undertaking this work and said
that IT would be a great help to his
| Office and "a fine thing" for the mo-
torists of Washington. He said a
similar plan has been worked out by
the California Automobile Trade AS
sociation and is operating successfully
| in that State.
! Preparations are being made by the
dealers for the inspections required
by the traffic law, and it is expected
the certificates Will be in their hands
within few days. These Inspectors
will be free of charge, but there will
be nominal fee to cover the cost OF
issuing the certificates.
| Mr.. Eldridge indicated traffic officers
will be instructed to ask motorists for
their inspection certificates when
| stopping them regarding brakes.
lights, horns and visibility of license
plates.
Evening star., 1925-05-13

change the very deepest and most
hidden instincts of man to abolish
war What has been unconscious
must become fully conscious"
Sees Progress Made.
Fru Anna Backer of Norway. third
vice president of the international
Council, said: To-day you will notice
a slow but steady progress toward a
change from the violent lust OF power
into a purposeful endeavor to promote
the welfare of humanity by inter
national agreements. One sees the
struggle to find ways and means of
building up better world"
Fru Backer traced the evolution or
man from the time when his hand was
against everybody's to the present
when within nations disputes are set
tied by law.
Mime. Clara D'Arcis said: There is
a true and false internationalism Just
as there is a true and false patriotism.
II your patriotism decries and denies
it's next form of evolution, interna-
tionalism, it is a spurious article. If
your internationalism despises and
repudiates the patriotism from which
il has developed it is evil masquerad-
ing in holy garments"
Nine. Elisa Vannutelli Cara of
Italy declared the world was divided
into three groups-those wishing for
peace constructively, those working
for it destructively and those who
have not awakened to the problem.
Ask Limit on Drugs.
The International Council held its
last business session of the quinQuen
nial yesterday, and completed consid
Grafton of the resolutions on the
agenda.
A special resolution was passed urg
ing the restriction of drug production
; to the medical and scientific needs OF
the world. Other resolutions asked
equal rights for women within various
employments, equal pay for equal
work without consideration of the sex
of the worker, no limitations on the
work of married women apart from
provisions for maternity, prohibition
of work in the weeks before and after
confinement to be accompanied by a
| maternity provision equal at least to
a minimum living wage and the forma
! ton Of a special child welfare com
mittee.
ACCJTSES ALIEN WOMEN
Evening star., 1925-05-13
1873 MEN AND WOMEN
ARRESTED IN MINE WAR
By the Associated Press.

By the Associated Press.
FAIRMONT. w. Va, May 13.-
State police and deputy sheriffs today
arrested 127 men and IL women near
the New England Fuel and Transpor-
tation Co. mine at Grant Town on
charges of intimidating miners en-
ployed by the company. Police said
they were union miners and sympa-
thizers and were picketing the mine,
which has been operating on a nom
union basis. They were brought to
Fairmont and committed to the city
and county jails pending a hearing.
Evening star., 1925-05-13

the Tennessee law
against teaching
evolution in the
public schools. the
case will have
passed beyond the
borders of State
interest and an
array Of nation
ally known in
dividuals and or
ganizations will be
found lined behind
the prosecution
and defense.
The last pronli-
nent individual to
enter the case is
William Jennings
Bryan, foe of the
theory of eVolu-