davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune., 1925-12-26
DECISIONS OF SUPREME COURT

From Mercer County
l.. r. Baird, as Receiver Of the
First State Bank of Hazen,
North Dakota, a corporation,
Plaintiff and Appellant.
G.. G.. Radke,
Defendant and Respondent.
SYLLABUS:
|. In suit against the maker Of
u promissory note, by the receiver
Of an insolvent bank, the burden de-
wolves on the plaintiff to prove that
the bank was holder in due course,
when testimony is introduced by the
defendant which tends to show that
the note was negotiated to the bank
in circumstances amounting to
legal fraud on the maker. Secs. G94O,
694l and 6944, c. l.. 1913.
2. For reasons stated in the opin-
ion it is held that the verdict was
substantial support in the evidence
to the effect that the original note
of which the one in suit is described
in the record as renewal, was de-
livered to one Stoelting, who there
after endorsed it to the bank, upon
Il condition which never was fulfilled,
and that the endOrsee was informed
u this tact when the instrument was
delivered to the bank.
3. For reasons stated in the opin-
ion it is held that the defendant is
an accommodation maker, and as
such liable on the note in suit, under
section 69lt. G. l.. 1913.
Appeal from u judgment in favor
of the defendant, and from an order
denying u motion for judgment non
obstante, or in the alternative, for
new trial.
Appeal from the district court Of
Mercer County, Hon. Thomas H. Pugh,
Judge.
Opinion Of the court by Johnson,
REVERSED AND JUDGMENT NOT
UNDERSTANDING THE VERDICT
John Moses, Hazen, North Dakota,
and Zuger L. Tillotson, Bismarck,
North Dakota, Attorneys for Plaintiff
and Appellant.
David Schwartz, Golden Valley,
North Dakota, and Milton X. Higgins,
Stanton, North Dakota, Attorneys for
Defendant and Respondent.
From Mclean County
Albina Gross,
Plaintiff and Respondent.
VS..
julius Gross,
Defendant and Appellant.
SYLLABUS:
l. Under the statutes of this state
(Sections 44O4,- 4405, and 4406. Com
| piled Laws OF 1919, the duty Of
maintenance that may be enjoined
! in u decree Of divorce in favor Of
either party. or OF minor children,
is u specific duty and, though award
Z! ed in terms requiring the payment OF
stated sums at intervals, the full per.
! formance of the duty can not be en-
forced by execution hut may be COM
PEELED through contempt proceedings.
2. Section $3.50 Of the Compli-
cd Laws Of 1913, defining contempt
| tu consist in the failure Of party
TO pay q sum Of money ordered by
the court in q case where by law an
! execution can not be awarded for
the collection of such sum- does not
exclude the failure to discharge the
! duty of paying maintenance or ali
mony decreed by court of compe-
tent jurisdiction.
| 3. It is held that the. evidence
supports the judgment.
Appeal from the District Court Of
Mclean County, Hon. J. A. Coffey.
Judge.
Opinion Of the court by Birdzell,
Judge.
LANCER & Nuchols, Bismarck, N.
Dak., attorneys for Appellant.
Dak., Attorneys for Respondent.
The Bismarck tribune., 1925-12-26

OeC(UOSY 10vs 1B80 ~.
The Board Of County Commits
sioners met pursuant to adjourn.
'nent. Commissioners Solder, Moy-
nier, Hackman. Swanson and Pat.
,trson were present.
On motion the following bills
were allowed subject TO persona
taxes due or delinquent:
Quick Print. Inc. enve!o3es. ss.5G
Northwestern sheet & Iron
Works. supplies for grader SO is
North Dakota State Corn
show, appropriation ...... 500 90
ID. Schoori. repair work on
grader ............... IS. 80
Stanley Bros, read grading
T.. \. =. l74-A ............ 72l .l2
q. l.. snyder, running grader sc 80
Burroughs Add. Mch. CO..
service contract ...... 1913
llopton Siljan Pub. CO.,
printing ........... % 10
Quick Print. Inc, printing. l52 ca
Madgc Euney, postage. 10. 90
Harry Knowles. road grave.
rranh ''nt j. Johnson. mi,eagc 'S'' %
Jos. bres!ow. supplies for for %
court house ........ .... so
y. ". Fell Telc. Co, phone
rental for Dec. ....... 37.65
y. W.EelI Tele. Co. toll SER
vice ................ .... 800
t. .. Peterson. supplies for
grader ............ 29.9O
T. Il. Atkinson. mileage -. 81 80
Mrs. Alhin iledstron. matrnn
OF 60. jail .............. % 90
Webb brothers. supplies for
court house &C.,. ........... 1876
city water department. wa
ter ...... ... 1920
TEDDY liedstrom. work on
taxes ................. ll5 90
T.. j. fobrl. ccroner's rsoort 20. 90
carl '. Anderson. road work 1T 80
T.. X. Smyth, salary AS health
officer ............... 30. 90
John Elncss. maintenance
work on Div SO. 3 S. y. II. %. 90
{. VI. Johnson. clerk hire. 6I 90
T. Il. Atkinson, services as
Co. surveyor ....... Sc 80
\. W. Peterson, engineer for
Burieish CO. ..... so IS
Albin ll'dStrom. pcStage... 30 90
Emma J. Fisher deputy
clerk OF court ....r...... so. 90
Mary tashel expenses 80. So. 40
II. \. Thomas. road work -. 10. t2
A!bin licdstrom, boarding
and guarding prisoners. lie 90
coal ................. lIa 20
Nick IIryck"w. road work. ls 90
Harris a. Woodmans.+, sup
plies for court house 49,. 10. go
noSkins- Meyer. supplies for
court nous" l42 IL
Wilton Mutual store, repairs
Tor grader .............. IL o6
Arthur Powers. road work. G4 90
knight Printing Co. print
ing supplies ........... ll6. ~
carl V. Anderson, concrete
work on f.. A. y. No. lT4-A EOS so
II. 4 NJ. Ribbon a ''arbrn
Co. carbon paper .... 3. so
Madee Runey. mileage ..... 1856 85
Twin City Company. repairs
Taft Township. road work.. -. C2
Moved by Commissioner Soder and
seconded by Commissioner Swanson
that $4,000 be transferred from the
County Read fund to the road fund
Of Phoenix and Richmond Town
ships. ON roll call all Commission
crS present voted aye.
U3on motion the resolution Of the
Board Of Directors nf the North Ia =
kota Corn show directed to the
Board Of county commissioners
from Eurlcish County was received
and filed.
December. z. 1928
The Board Of County Commission
crs reconvened with the following
members present: Swanson, Moy-
nirr and Hackman.
Upon motion Commissioner Swan
son was named Chairman pro tenn.
Upon motion the following bills
were allowed subject TO personal
The Bismarck tribune., 1925-12-26


taxes due or delinquent:
\. T.. Shipp, justice fees. 50 65
A. L. Shipp, Justice tees.... le.45
a. f. Shipp. justice fees..... 4.35
A. r.. Shtpp, justice fees 49,. 9.35
a. r.. Shipp, justice fees. 9.45
A. l.. Shipp. justice fees. 9.45
A.E. Ship, justice fees go. 1920
4. r.. ShipD, justice fees. 9.45
A. +. Shipp. justice feeS.... 9.45
4: Il. Shipp. justice fees -. 10. so
Chris Martineson. witness
fees in j. court .......... 2l0
II. c. johnson. witness fees
Mr. Dale, witness fees in j. G. 80
; G.. r.. Garfield. witness fees
Mr.: Daniels, witness fees in '''
Q. r. Void, witness fees in 49,
j. G.. ...... 2.10
\. +. shipp. justice fees 49,. IL. so
J. r. Spies. witness fees in
A. J. Arno,t, juror fees in '
D. L. .......... 2.lO
J. Il. Smith, juror in J. C.... 2.lO
Paul Wachter. juror in j. G. o.lO
W. Knott juror in j: c.. 49,. 2.10
j. G. COwan. Juror in j. c.. 2.lO
ID. Z. Shaw. juror in j. Coz. 2.1O
J. i. Kelly. juror in j.. c.. 2.l0
+. r. Trepp, juror in j. Co.. 80
II. w. Griffith. juror in J. &. 2.lO
Wm F. harris, juror in J. {. 2rlo
John Belk, juror in J. Co... 2.1O
!, =; Shipp. justice fees ;.,; '.4'
''y.ao ,ess L. A"e' Ias'''e 20 IN
Paul; Pecht. witness fees in
Justice Y; C.. Court ,.,, ;:. 2.1o
pJ;.o, !; G. Il ;r,n: ;,;:; ,.. Ca: Pa ,S
Paul Pecht. witness fees in
D H.. j; G; :, ;...ns ;,;:; ;.. ;: = dsoo
in j. c; ;, $40
ices in J; 6: :..;; ;....::.. :s.!e
@Ho,and @ q. Crane' Justice iees l3.i9
Eo!ahG ~. S1aoe. 3ust.ce tees sA.''
inJ G: :..,:, ..;:.... e.lo
mtg. mas, FlsheT' Witntss
=, fees IN ): c; ;;.... &c. sio
l.. NJ; kafer. witness fees IN :.
JOIN john? stair. al Wit w'snsss 's. fee. IN ~;
W; II; Eeeiins. witness lees =
w: I. Franklin. witness fees :,
Paul pecht. witness fees In
f.. IL. Kafer. witness fees in : :,
Ted Hedstrom. witness tees s. -
In }. &. 2..l(
Paul Brown. IL Ac. OF land
from NEk-35-iSs-79 N.ot
Capital Army Il Navy store,
pair shoes ..:::.:.: GOO
City OF Bismarck. construc-
tfon Of road ............. c00IO(
Wachter Transfer Co.. rOad
work 385 .0(
waeh,er Transfer Co. road -. =,
Wachter Transfer Co. road
work ................. 32 .0l
w. II. Patrick, expenses &
mIIcdsc ....... -. ~
The Bismarck tribune., 1925-12-26

The Board Of County Commission
crs recOnvened with the following
members present: Swanson, Moy-
nirr and IIackman.
Upon motion Commissioner Swan
son was named Chairman pro tenn.
Upon motion the following bills
were allowed subject to DerSOnal
The Indianapolis times., 1925-02-11
AMT WE GOT FUN!

joy little bits OF nothing at the out
set, we demand more and more as
the pursuit intoxicates.
Natural and desirable when sub
ordinated to some more serious pur-
pose. amusement can become q
vicious influence If made the end
and aim OF life.
II can become a vicious influence
moreover, without being vicious in
itself. It can divert the attention
until there is no room for sober.
solid thinking. It can lead people
into mediocrtty without their sus-
pecting It.
Worse stiIl, and far more subtly,
amusement can lure US into dark and
morbid by-paths, for its chief appeal
is novelty, and no sooner do we ex-
perience one thrill than we demand
another OF different and more SEN
sational kind.
All work and no play makes Jack a
dull boy. but all play and no work
makes him even duiIer.
Those who can rest Tor moment,
after accomplishing something worth
while, approach real pleasure; but
those who seek pleasure as some
thing to be had for the seeking are
like the horse chasing a bundle OF
hay tied a foot ahead of his nose.
They keep on going, but never
get what they're after.
The Indianapolis times., 1925-02-11
Who VIII Pay Democrats Debts

Victory Clubs. These clubs, origi-
mated by Corden Hull when he was
national chairman, We're designed to
ownership Of the party, namely, the
rank and file. Membership In one
Of the clubs cost $5. It was pro-
posed to have one in every town IN
the country. Twenty Democrats
were made the minimum member
ship. Without funds to promote the
organization as energetically as was
desired, Cordell Hull saw the funds
begin to roll in. Before the election
the total amount received was 1885,
600, almost 20 per cent Of the total
contributions.
Club Confroversey
Shortly after the nomination Of
Davis, the new chairman, Shaver.
was advised to have the work of or
ganlzing Victory clubs stopped land
he gave serious consideration to the
suggestion, He was deferred, how
ever. by the very positive protest of
some of those engaged IN the work.
They told him that II this action
were taken they would send word to
every Democrat who had pungled
up his FIVE dollars for membership
that the money of the rank and file
was no longer desired that the new
management wanted contributions
only from those who could give large
sums.
Those opposing the Victory club
idea did 80 on the ground that the
clubs enabled many a man who
could afford to give more TO escape
with five dollar contribution. The
proponents of the clubs, however.
were able to show that most of their
members never before had given
anything to a national campaign
fund.
The work OF organizing the clubs
lapsed after the election, though the
purpose at the outset was to cons
tinue them in the years between
campaigns. Whether the plan will
be revived before the 1924 campaign
nobody knows.
The Indianapolis times., 1925-02-11
BY M. e. TRACY

7EN are known by what they
M laugh at. or. as old DIR. john
9 son puts It. mo man Is q
hypocrite In his pleasure"
sAin't we got funi'' That is what
Loeb and Leopold said when they
killed the Franks boy.
It IL what the jazz Baby" said
when she went out TO dance after
shooting her mother.
It is what little Alsa Thompson
said when she confessed to poison
ing her twin sisters, or, what is
equally probable, when she made up
the yarn to shock her hearers.
You have heard children crying,
"Ain't we got funi' aid you have
tired in vain to discover some good
reason for all the noise. They had
stumbled on something that was new
to them. though old to you.
You have seen other children dis
gruntled and discontented. though
apparently surrounded by every
kind Of pIaything.. The novelty had
worn off; they were looking for
something new
We are merely grown up Children
when we make pleasure the object
p2 our ambitions. honestly ruthless
and ruthlessly honest. Able to en-
The Indianapolis times., 1925-02-11

mont, so the story goes, and said:
eve nominated Parker and we have
to see him through. It calls for q
million dollars. I'm going to give
.$5O0,000 and you are going to give
100000" Belmont demurred Ryan
insisted. The result was that Bel
mont did go out and raise the amount
named, while Ryan gave his half
million OUT OF his own pocket.
Must Take His Money
So there are a lot of Democrats
who reverence the name Of Ryan.
His money must not be refused, they
say. Furthermore. they say, there
can be no objection to the activities
Of Frank J. Merkling, one of Ryan's
associates, at Democratic national
headquarters during the absence Of
Glenn Shaver, national chairman
Merl1ling is credited with the actual
work OF raising the $150,0o0 referred
to-
The business OF cleauings off the
debt has raised In some quarters the
question Of what has become Of the
The Indianapolis times., 1925-02-11
Times Washinat0n Bnrsau.


E=3ASHINGTON, Feb. ia
TWI question disturbing the Dem
O ocratic party just now is
who shall have the privilege of pay
ing the party's. debts. Roughly, the
debts-or the national committees
campaigns deficit-amount to $780,
900, having been reduced from about
twice that amount since the election
Recently it became known that
Thomas F. Ryan, OF Virginia and
New York, was taking a fatherly
interest in the party's financial FIX
and that It was his attention to the
problem that resulted in cutting the
deficit In two. He didn' write a
check for $3.50, 900, but he is said to
have induced others to write checks
and one OF his inducements may
have been a substantial contribu-
ton by himself He had given $685.
900 to the party fund during the
campaign, but Ryan's resources In
time of party need appear to be bot
tonnless.
In this connection a story Of Ry-
ans methods is vouched for by q
Washington Democrat who holds him
in high esteem. In 1904 Alton B.
Parker was nominated largely
through the efforts OF Ryan and
August Belmont. When the cam
paign began it was found hard to
raise money and the situation was
laid before Ryan. He went to Bel
The Indianapolis times., 1925-02-11
Cranks

~1 HE State of Indiana is
II warned-in circulars received
I-- through the mail by various
Legislators-not to erect a World
War Memorial commemorating a
war that could not be explained Z"
The circular is signed by John Doe.
Probably the State of Indiana
won't heed the warning but will
proceed with the memorial plans.
It's immaterial now, whether the
war can be explained or not. The
memorial isn't to honor the war or
to commemorate an explanation. It
lis being erected to honor gallant. pa
triotic Hoosiers-who need no ex-
PLANTATION.
Evidently John Doe is n crank,
whose obsession is the iniquity of the
late conflict. The recent Legislative
discussion OF the memorial project
simply fired his monomania and he
feverishly grabbed pen.
That's common occurrence.
There is a surprisingly large num-
Der of such epistolary cranls-with
an Sorts 6f obsessions in the land.
Every person who appears in the
news or is identified with events of
public interest Immediately receives
incoherent letters from some OF
them.
The letters never accomplish re
suits, they are dead loss except
to the postoffice. With q crank
long enough the world can be re-
vo1ved-but the ietter-yvriting crank
who signs John Doe never can do
It All be does Is to waste postage.
The Indianapolis times., 1925-02-11
Telling Time

At some time or other. each SIS
ter and brother must learn how to
tell the right time. That's thing,
as we know, that has always been
so. Thus it's reason enough for a
rhyme.
A clock, on the manteI, is ticking
away, as the hours and the minutes
sail By. Then Johnny comes in from
his out-of-doors play and he gives
thu old tin,epiece his eye.
Lets see" says the youngster.
the big hands at seven" And then
he win pause for q spell The little
hands pointing a pit before 1even.
II wonder what time that should
teIl7''
Then mother comes in and she
starts to explain. It's surely a nerve-
testing task While talking she
wishes Johnny'd refrain from all OF
the questions he'll ask.
This program goes on by the day,
BY the week. and finally the child,s
solved the botch or various times
that the hands and face speak. So
the folks have TO buy him = watch.
The Indianapolis times., 1925-02-11
Income Tax

Admission taxes are deductibIe
from gross income In determining
net income, but the taxpayer must
show that account has been kept Of
the amount paid during the year.
Mere guessworl viii not be accept
ed. Under the revenue act Of 1924,
the tax applies only to admissions
in excess Of Sc cents, while under the
preceding act It applied to adnis-
sions of 10 cents or more.
Taxes are deductible as such only
by the persons upon whom they are
imposed. Thus the excise taxes i'm
posed upon sales by the manufac-
turer of automobile truck or wagon
chassis. cameras, firearms, etc, are
not deductible by the individual pur-
chaser, even though such taxes are
actually billed to him as separate
items. Automobile license fees are
ordinarily regarded as taxes, and the
amount thereof may be deducted.
Custom duties paid by person on
articles which he imports for his
own use are deductible.
License fees levied by the State
or city upon certain businesses are
deductible as taxes. The levy may be
based upon gross inc6me OF the busi-
ness. during a certain period. or
upon the nature of the business
teach different kind having a differ
ent rate, on the location Of the busi-
ness. or 1t may be a fat rate apply
ing In the same manner to each and
every license business.
The revenue act Of 1924 imposes
stamp taxes on bond issues, issues
Of capital stock. sales and transfers
Of stock, sales OF products for future
delivery, etc. These taxes are allow.
able as deductions from gross IN
come either as q business expense or
as ta;kos paid. If deducted, Of course
undeg one heading. they can not Be
claimed undeH the other
The Indianapolis times., 1925-02-11

f-1 HE board Of public works has
announced that Oriental St.
Il will be kept open as part Of

f-1 HE board Of public works has
announced that Oriental St.
I-l will be kept open as part Of
the track elevation program between
Davidson st. and State Ave.
This decision settles a controversy
that has ragged for months. /. The
Oriental question has been vexing.
Residents of the vicinity ,contended
the street should be kept open, while
industrial interests-rwhich would De
affected-opposed it,.
Between two fires city authorities
have been harassed. Last week a
public hearing on the question at,
tracted large crowd and a highly
surcharged atmosphere.
Perhaps now the matter has been
definitely settled that particular
track elevation project will proceed
apace. Which is to be hoped, for,
until 1t becomes reality, the
southeastern part of the city can not
develop properly.
i The board. in announcing its de.
cision, declared its action was based
soley on consideration of the great
est good to the greatest number.
That's fine working motto for any
body supervising public improve,
ments.
In indianapolis the greatest good
to the greatest number win result
from completion Of track elevation
projects now outlined. Elevation
railroads is tedious process even
after construction work is started.
If this generation Is to enjoy more
than the blue prints. the program
must be pushed vigorously and
relentlessIy.
The Indianapolis times., 1925-02-11
INCREASING THE.GAsoI1NE TAX

NDAA motorists do not object to paying for the roads
IL which they ride. This has been demonstrated re-
peatedly.
But they do wish positive that the money they
pay for roads will be properly handled and expended
bill increasing the gasoline tax from cents to cents
has been advanced the Senate The proceeds of this tax
amounting to 100000 100000 annually would go to
road construction and maintenance.
This is all well and good but what about the highway de-
parment that handles this moneys Numerous statements have
been made concerning the operation of this department Some
of them have been substantated and some have not
Numerous efforts have been investigate the
uon OF the department But just many efforts have been
to block these investigations every step of the way
Why9
The reason Is hard to understand public airing of all
the details Of the operation of this would do
good.
Then # things areau right, well and good theyare not
let's make them right s1sg
Then let's increase the gasoline build some roads
The Indianapolis times., 1925-02-11
PLAZA QUESTION RECURS

Members Of q subcommittee OF the
House Ways and Means Committee
today were working on plan to
amend the Penrod plaza bill in such
way that status of churches oc-
cupyink part Of the proposed site Of
the Indiana War Memorial Plaza
might be settled permanently
The Penrod bill prohibits erection
of the plaza within a square oceu-
pied by the churches. Attorney Cen
eral Gilliom ruled unconconstitmtion-
al . proposed amendment guarantee
ing the churches Immunity from leg
Islative action within the next
thifty.flve years.
The Indianapolis times., 1925-02-11


were stripped off and she became a
woodland nymph of mythology.
Perhaps it wasn't much Of a ca
reer. But she was happy in her sur
roundings. and her life of primitive
simplicity. She loved the dunes and
was content to live and die aInong
them. ST.
1t is easy to understand her pas
sion for the dune country. To many
It is of enchanting beauty and gets
into their blood and souls. To others
it merely gets in their shoes and
ears.
But few people. no matter how
much they admire the landscape
would care to subsist in a rude
shack. with no conveniences, in the
sandy waste-or would be happy in
devoting their lives to the beauty Of
the dunes. sasss
Nevertheless, il the soul finds hap
pinesa in 1t, why not Is sach life
futile and wasted? What is the
purpose Of life?
The Indianapolis times., 1925-02-11
VALUABLE

Ih PAUL H. HEYL special research physicist attached
to the Bureau of Standards preparing to weigh the
world.
mas Oeen done before but never by the United States
And who cares what the world weiohs--1uba+ dtfaoo
does makef Intelligent persons ask foolish Questions
IKE that Does anyone suppose that money spent in s
INC experiments remote they may seem from
taton or application, is being wastedG
more trustworthy figure the earth weight xould b
great contribution to science especially valnbl s
oners and mathematcians = a''-On-