davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07
DECISION OF SUPREME COURT

lays that may be made from current
annual revenues. new meaning
cannot be engrafted on the
expression extraordinary Outlays" by
reason of changing conditions which
greatly increase the current annual
revenues.
CD Sections 21i8 and 2l5O Of the
Compiled Laws for 1913. authorizing
the levy of taxes by county commits
siOncrs based upon an itemZed state
ment of the county expenses for the
ensuing year and limiting the levy
for ordinary county revenue to- not
more than eight mills on the dollar.
are construed in connection with Sec
ton 1924 Of the Compiled Laws for
1913 and are held to authorize the
inclusion within the levy of amounts
that may .be deemed necessary "for
the erection and repairing Of court
houses, jails and other necessary
buildings" where the expenditure for
the purpose is not greater than can
be paid out of the revenue for the
current year.
t4) Sections $3.50 and 1924 Of the
Compiled Laws for 1913 are con-
strucd in the light Of their history
(Sections ls and p Of Chapter ! of
the Laws of Dakota Territory for
1868 1869 and. Sections SO and i3 of
Chapter 81 of the Revised Codes of
1870. and it is held that they author
izc the making of certain public inn
provements by the board of county
commissioners without the submission
Of the Question to "A vote. where the
contemplated expenditure, Il is not
rrnatcr in amount than can he nrO.
vded for by the annual tax.
Appeal from the District Court of
Stutsman County. Hon. J. A. COffey.
Judge.
Affirmed.
Opinion of the Court by Birdzcll. J.
c. S. Buck and VI. {. Freerks.
jamestown. n. OAK. Attorneys for APP
pcllants.
r. y. Chase. States Attorney:
Harry Rutgers. Assistant States At
torncy. jamestown. \. OAK. and Divet,
Holt. Frame 4 Thorp. of Counsel.
Fargo. y. OAK. Attorneys for Re-
spondents.
From Burleigh County
The Washbutn Ignite Coal
Company, IA corporation, ct al,
Plaintiff and Appellant.
Murphy, ct al. comprising
Board Of Administration, Of the
State Of North Dakota. 1T al,
Defendants and Respondents.
SYLLABUS:
Section 1923. {. l.. 1913, as amend
ed by Chapter IS. S. l.. 1915, provides
| that the various state institutions
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07
From Grand Forks County

State of North Dakota, Plaintiff and
Respondent, VS.. HalvOr J. Hagen, De-
Hendant and Appellant.
Syllabus:
The provisions Of Section 1927 Of
the Compiled Laws, 1913, are eXclus-
i've in their nature, and the loss of
the stenographic notes of the testi-
mOny taken at the trial Of the case not
being specified as a ground for a new
trial. new trial can not be granted
because of such loss.
The district court has not power to
entertain motion for a new trial
made after the time for appeal has
elapsed: An appeal from. the judg-
ment and a motion for new trial are
independent remedies. and the taking
OF. an appeal does not extend the time
within which the motion for the new
trial must. he made.
From an order Of the District Court
of Grand Forks County, Hon. W. j.
Kneeshaw. Judge. denying motion for
a new trial. defendant appeals.
Affirmed.
Opinion of the court by Burr. Dis
trict J.
johnson and Burke. j.. being dis
qualified. did not participate; Burr
and Pugh. District Judges. sitting in
their stead:
Hon. Geo. F. Shafer. Attorney Gem
crai. Bismarck and Mr.. Geo. A. Bangs.
of Grand Forks. Assistant Attorney
General. attorneys for the State.
Mr.. Usher l.. Rurdick, Fargo. y. D.,
attorney for defendant and appellant.
From Stutsman County
p. W. Eddy. William Farley. Lewis
T. Orlady. c. f.. Marmon and David
r. Brockman. suing on behalf of
themselves and all other persons and
citizens similarly situated. Plaintiffs
and Appellants. VS.. William Krckow.
ct al. as the Board of County Com
missioners in and for the County Of
Stutsman. ct al, Defendants and Re-
spondents.
Syllabus:
"a In constituting statutes, the
courts must take judicial notice of
the history of the terms employed.
and. where the statutes have been in
existence for long period Of time. it
must be presumed that the legislature
has at all times been aware of the
meaning originally attaching to those
terms.
(2) Where for long period Of
years legislation has existed prohibit
ing county commissioners from max
ing Extraordinary OUTLAWS" without
vote of the people, and where such
relative expression has been used in a
statute in contradistinction to out
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07

default Judgment under Section 7iS3
{. l.. 1913 providing that the court
may, in its discretion, and upon such
terms AS may be just. n. any time
within one year after notice thereof.
relieve u party from Judgment. or
der. or other proceeding taken against
him through his mistake. inadvert.
ence. surprise. or cXcusable neglect
is addressed to the sound judicial dis
erection of the court. and the courts
ruling in that regard will not be dis
turbed on appeal unless it appears
that in making 1t there was II mani
fest abuse Of discretion.
The record examined, and held that
in the instant ease IL does not appear
that there was al abdsc Of discretion
in vacating the judgment.
Appeal from the District Court Of
Divide county. Hon. Geo. II. Moellring.
Judge. From an order vacating a de
fault judgment and granting leave to
the defendant to answer over. plain
tiff appeals.
Affirmed.
Opinion Of the court by Nucsslc. j.
7. S. Stuart. of Crosby. Attorney for
Appellant.
Gustav A. Lake, of Grcnora, Attor-
ney for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07

we'll as Il large percentage of coarse
grains.
During the past week there were
local showers, principally in the
southern half of South Dakota and
Minnesota. These were of benefit,
but II is necessary to have general
rains through the States Of Min
nesota, North Dakota, South Dakota
and Montana. There are large dis
tricts, especially in North Dakota,
Northern Minnesota and Montana
where the grain has not suffered up
to this time
In Il number OF places. especially
in South Dakota, it is so dry that
some seed is not terminating. In
others the grain is above ground. but
is very uneven and of thin stand.
Where seed was drilled in, the fields
are best, demonstrating the advantage
Of good farming Heavy wind storms
have continued during the past week
and in many places. the seed has been
uncovered and blown from the ground,
causing damage and necessitating
some reSeeding.
Our reports indicate that farmers
have probably seeded more wheat
than at first contemplated. making
the acreage about the same rs last
season.
Reports on the rye crop indicate a
very poor condition.. Most fields are
spotted and uneven and it is certain
that the crop suffered severe damage
during the winter.
Except at few places. farmers are
not breaking for flax. because of the
dry condition of the ground. They
are now waiting and unless there is
moisture within a short time. the
flax acreage will show 4 heavy reduc
ton from last year.
We believe that with sufficient
moisture within a short time, the
fouc northwestern states could pro
duce good crops. If the dry weather
continues, there will undoubtedly be
u heavy reduction
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07
CROP REPORT

The most disturbing factor Of the
Northwestern crop situation. at tn"
present time, is the lack of moisture,
says the weekly crop report made by
the Van Dusen Harrington company
Of Minneapolis. Last week we re
ported that the ground was very dry
and the amount of sub-soil moisture
was considerably below normal.
The dry weather, however, has al
lowed seeding to continue without in
terruption. Practically all wheat
was seeded by the first Of May. as
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07
News From the
State University

About It's sophomore girls at the
State University were interviewed
during the past month regarding the
choosing Of profession, according
to a statement from the office Of Miss
Beatrice Olson, dean Of women at the
University. Dean Olson does not act
in the capacity of professional vo-
cati0nal guide, but merely as an aid
to l1rls in selecting their life work.
In these interviews new fields Of
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07
Wealthy Widow
Would Wed Again

. "Now that my stomach trouble he's
i disappeared since taking . course
Mayr's I would even consider get
ar married again. cannot tell You
n terribly / suffered before tax
I this great remedy" II is SIM
/. harmless prepsration that re-
ives the catarrhal anucus frem the
4;estinal tract and aalays the inflsm-
ytiou which causes practically all
mach. liver and intestinal ei-ments,
y)uaing appendicitis. One dose Will
aviuce or money re1unded.-,Adv. \
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07
INCOME TAX Law SHOULD PROVIDE FOR
DEPRECIATION OF HUMAN BRAIN AND
BODY, SAYS NOTED MIL WAUKEE DOCTOR

Milwaukee, Wis, May 7-M The
government should mako provision in
It's income tax law. if an equitable
method Of making this provision can
be found, for deductions by taxpayers
for depreciation on their minds.
This is the opinion of DR.. Horace
Manchester Brown, internationally
known Milwaukee surgeon and scholar
why, ne demanded, does the govern
ment allow men who invest their capt
tai in tangible things, such rs build
inrs. and machinery, to make deduc-
tions for depreciation in computing
their income taxes when il refuses
the same privilege to men whose CAPT
tai is invested in professional train
ing?
He advanced the contention that
physicians, lawyers and other pro-
fessional men, whose stock in trade
is the knowledge and skill they have
acquired through lifetime of assid-
uous endeavor. ought to be entitled
in the eyes of the law to the same
consideration. when they began to
wear out. as the government accords
inanimate unit for the production Of
income.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07
CAN GETS MAI.

Pittsfield, Mass.-A container
marked Garbage" used to stand near
a mail box here In this various ar
ticles If mail and parcel post pack
ages were deposited so often that the
garbage box had to be moved.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07
FROM RAMSEY COUNTY


The Ramsey County National Bank
of Devils Lake, North Dakota, a cor
poration, Plaintiff and Respondent vs..
C. J. Kelly and II. ]. Kelly, Defend
ants and Appellants.
Syllabus:
l. Where an insolvent bank, which
is about to close its doors on account
of such insolvency. accepts from
customer certain checks for collec-
ton or for collection and deposit, it
commits . fraud upon such customer
and the latter may rescind the trans.
action and reclaim the checks from
the hank.
2. And where such insolvent bank
neg0tiates the check so received to q
the circumstances under which it was
delivered to. and received by, the in
solvent bank, such person receives NO
better title to the check. than the in
solvent bank had, and the check is
subject to the same defenses in suit
brought thereon by such person as
would have been available in an &C.
ton brought thereon by the insolvent
bank.
From . judgment Of the District
Court Of RamsDy County. BUTTE, J., the
defendants, CT. Kelly and H. J. Kelly.
appeal.
Reversed.
Opinion Of the court BY Christian
son. Oh. j.
W. n. Anderson. Devils Lake. N. D..
for appellants.
Shines Duffy + Wheeler, Devils
Lake N. D.. for respondent.
FROM DIVIDE COUNTY
First State Bank Of Crosby North
Dakota. . corporation, Plainttff and
Appellant, W. H. z. Thomas, Defend
ant and Respondent,
Syllabus:
An appliestion Tor relief from
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07

SYLLABUS:
l. A contract between vendor
and purchaser Of land to be paid
for on the crop payment plan, which
contained Il stipulation subjecting
the annual crops to q lien for the
price and further stipulatioas matur-
ing the balance of the purchase price
and providing that the contract
should terminate on a definite date,
is construed and it is held that the
contract does not provide for a lien
upon crop raised subsequent to the
date Of termination as fixed.
2. The evidence is examined and
held insufficient to show a separate
contract for a lien upon a crop rails
ed after the termination of the agree
ment according to its terms.
Appeal from the District Court of
! Sheridan County, Hon. Fred Janson-
Jus. Judge.
AFFIRMED.
Opinion Of the Court by Birdzell, j.
Alloys Wartner. Harvey, N. Dak.,
Attorney for Appellant.
Peter A. Winter, McClusky, n. Oak,
Attorney for Respondent.
From Bowman County
Lula G.. Bennett,
Plaintiff and Respondent.
Abram A. Bennett,
SYLLABUS:
ruling an objection to the jurisdic-
ton of the court and setting aside a
special appearance is not appealable.
Annual fcnn, ho t,r;n ~ ~
Bowman County, Hon. F. 7. Lembke,
Judge.
APPEAL DISMISSED.
Per Curiam Opinion.
+. NJ. Jackson, of Hettingcr, AttOr-
ney for Defendant and Appellant.
Mark H. Amundson, of Bowman, At
tOrney for Plaintiff and Respondent.
From Burke County
Burke County, North Dakota,
II municipal corporation,
Plaintiff and Respondent
liver Engst and the State Bond
ing Fund Of the State of North
Dakota.
Defendants.
State Bonding Fund of the
State Of North Dakota.
Defendants and Appellant
SYLLABUS:
!. Complaint examined and. for
reasons stated in the opinion. held to
state cause of action.
Appeal from the district court of
BURKE County. Hon. John c. Lowe,
Judge.
AFFIRMED.
Opinion Of the Court 4 y Johnson,
Judge.
crum & Crum, Bismarck, North Da-
kotOta. Attorneys for Appellant.
b. l.. Wilson, BOwbells. North Da-
kota, Attorney for Respondent,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07
II. $. Is PARTICULAR

Washington-Th government is
particular about stitches. 4 recent
report, containing specifications for
work done for the government de-
scribcs 81 typical stitches, some of
them employing as many as nine
threads.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07

Shooting stars are realty metco rs,
or small hits Of stars.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07

shall use native Ignite coal or lig-
mite coal products for fuel and that
purchases thereof shall be made up
on advertised proposals for bids from
the lowest responsible bidders based
on the standard contract grade es-
tablished by the statute. The plain
tiff is y corporation engaged IN the
business of. mining and selling lig-
mite coal in the state of North Dakota.
It, with the named corporate defend
ants, was bidder In response to pro-
posals for bids published pursuant to
Section 1928 by the defendant, Board
Of Administration, a state board
charged with the purchase of fuel for
state institutions. Certain Of the
plaintiffs bids were accepted and
contracts awarded to it. and certain
of the defendar:. corporations bids
were accepted aud contracts awarded
to them. Plaintiff brings this action
AS a bidder, and as taxpayer for
itself and all other taxpayers, to re.
strain the execution and carrying out
of the contracts wiiL and by the de-.
PENDANT corporations on the ground
that they were not the lowest re-
sponsible bidders. Held:
l. That it was the duty of the de-
PENDANT BOARD of Administration un-
der the statute to determine the low
est responsible bidders and 10 let
the contracts to none hut those whose
bids were found to be lowest.
2. That as bidder who participant
ed and made no objection untilsa
competitors hid was accepted, plain
tiff is not entitled to any relief
merely because Of the method Of de-
tx.y h.. l. 4 n 4
letting the contracts, even though
was not followed.
BOARD exercised its honest Judgment
and accepted the bids Of and enter
ed into contracts with the lowest
bidders, and as y taxpayer the plain
tiff suffered no damage and is not
entitled to injunctional relief pend
entc lite, even THOUGH the method fol-
lowed by the BOARD in determining
the lowest bidder aud letting the con-
tracts was not that contemplated by
the statute.
Appeal from the District Court Of
Burleigh County. Hon. Fred JansOn-
Jus, Judge. From an order Of the dis
trict court vacating a temporary re-
straining order and denying . tenn
porary Injunction. plaintiff appeals.
AFFIRMED.
Opinion Of the court by Nuessle, J..
Shure and Murphy. Of Fargo, Attor-
neys for Plaintiff and Appellant.
Geo. +. Shafer. Attorney General,
and John Thorpe. Assistant Attorney
General, Of Bismarck. Attorneys for
Defendant and Respondent.
From Sheridan County
J. J. Rreher,
Plaintiff and Appellant.
W..
philin Hase
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07

A knife with Il blades has been
made by an English cutler.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07

. Pork is the chief meat eaten by the
hinese.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07

State of North Dakota, Plaintiff and
Respondent, VS.. HalvOr j. Hagen, De-
Hendant and Appellant.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-07

From Burleigh County
The Washburn Ignite Coal
Company, IA corporation, ct al.
Plaintiff and Appellant.
The broad ax. [volume] (Salt Lake City, Utah) 1895-19??, 1926-05-29
WALDEN COLLEGE
COMMENCEMENT

This year, Walden College will hold
its ffty-ninth annual commencement.
Since 1866, the institution, one of the
first to be established in the country
for the education of Negroes, has sent
out to live better lives and to make the
community better, some two thousand
graduates and sometimes students
Some Of these have become bishops Of
the church, preachers, school prin-
ciples and teachers, lawyers, doc
tors, social workers. mechanics, car
penters, and farmers. Walden grad
yates and students are at work in large
numbers in Tennessee, and may be
found today serving in most of the
southern states, and in other sections
Of the country.
The commencement exercises for
the year began Friday, May %, and
extended through Wednesday, June 2.
Friday, May %, from 10 A. NJ. to 2
P. NJ, the home economics depart
ment will have its exhibit, when there
will be display Of work in cooking,
millinery, dress making, needle work,
and lamp shade making The annual
music recital will take place that even
ing, at 8 P. NJ, in Seay Memorial M.
E. Church. Sunday, May 80, the bac-
calaureate sermon will be preached in
Clark Memorial M. Z. Church, at IL
o'clock, by Rev. DR.. G. w. Lewis,
pastor. Monday, May 81, at 10 A. NJ,
the preparatory class day exercises
will occur, in the afternoon, at 8
o'clock, the annual college play, Dan
Cupid, Head Coach" will be presented
on the campus, and in the evening al
s P. NJ, in Seay Memorial M. E.
Church, the exercises of the elementary
school will take place; Rev. J. w.
Thomas, pastor Of Braden Memorial
M. E. Church and professor of relig-
ious education in the college, will give
the address for the elementary school.
Tuesday morning, June |, the Board
OF Trustees will meet, and the junior
college class day exercises will be
held. Tuesday afternoon, at $50, the
alumni will hold a session, and in the
evening, at 8 o'clock, the annual
alumni program will be rendered in
the assembly hall Of the college. We'd
nesday, june 2, the commencement
proper will be held at 1890 A. NJ, on
the campus. DR.. Charles "A. Briggs,
Of the First NJ z. Church, Chattanoo-
ga, Tenn, will deliver the commence
ment address.
There viii be 81 young people re-
ceiving certificates from the several
departments.
The broad ax. [volume] (Salt Lake City, Utah) 1895-19??, 1926-05-29

To the President, Calvin Coolidge,
Chief Executive, White House, Wash
ington, d. c.
In this year of the Lord, 1926, the
Sesqui- Centennial year of the signing
Of the Declaration Of independence Of
the u. S. A., which asserted human
equality, at and for American indie
pendence Week set aside by Federal
Commission under yourself to the end
of nationwide observances of this an
niversary; we the undersigned, for our
selves and all other Americans Of
African extraction or descent, do
hereby earnestly and of right petition
you to abolish by Executive Order the
present segregation Of colored federal
employees in Executive Departments
Treasury, Justice, Post Office, Army
and Navy and others, a subsection of
our racial element to the race preju-
dice actual or presumed of all other
elements, and therefore denial of
equality Of citizenship to the race
singled out from all others for segre-
cation.
For we hold it to be self-evident that
consistency and national honor REQUIRE
that race distinction in Difference to
race prejudice be removed from federal
executive practices in federal buildings
at federal capital where the federal
government arranges nationwide OBJ
servance of the sesqui-centennial of
Republics first document which enun-
ciates equality and freedom.
This is the more true when the one
race so prescribed furnished the first
martyr, and soldiers in the war for the
very independence to be celebrated,
with soldiers in every other war.
National Equal Rights League, for
United Colored Americans Committee,
9 Cornhill, Boston, Mass.
(Sign, cut out, add sheets and get
other signers. For use of individuals,
churches, fraternal, social, civil rights,
literary and civic bodies. Mail to
League on or before june p. Send to
League for petition blanks-all- ma
tional organizations asked to join
N.E.RL.)
The broad ax. [volume] (Salt Lake City, Utah) 1895-19??, 1926-05-29

Member of the City Council from the Twentyeghh Ward
chairman Of its Track Elevation Committee; member Of its
Committee; the popular City Fathers
Chicago would make dandy candidate for Treas
urer of Chicago In 1927.
The broad ax. [volume] (Salt Lake City, Utah) 1895-19??, 1926-05-29
TIE UNITED STATES SUPREME
COURT, WASHINGTON, D. C., Up
HOLDS REALTY COMPACT, BAR
RING SALE OF PROPERTY TO
COLORED PEOPLE In CERTAIN
DISTRICTS IN THAT CITY.
THE HIGHEST COURT IN THE LAND
SEES NO CONSTITUTIONAL ISSUE
NVOT WE'D IN MAKING 1T UNLAW-
Full TO SELL REAL ESTATE TO
COIORED AMERICANS.

came to the United States Supreme
court.
Mrs. Corrigan contended that her
agreement with other property owners
was invalid and should be voided as
contrary to, and in violation of, the
constitution" citing, the fifth, thir-
teenth, and fourteenth amendments.
Individuals Not Limited
This contention, according to the
opinion, which cited excerpts from ear
lier decisions, is entirely lacking in
substance or color of merit. The fifth
amendment is a limitation only upon
the powers Of the general government
and is not directed against the action
of individuals.
"The thirteenth amendment, de-
nouncing slavery and involuntary SER
vitude, that is, condition of enforced,
compulsory service of one to another,
does not in other matters protect the
individual rights of persons of the Ne
gro race.
"And the prohibitions of the four
teenth amendment have reference to
state action and not that Of private
individuals"
The honorable members of the SUI
preme Court of the United States may
honestly laboI under the impression
that they dealt out lot of sound logic
in handing down their famous opinion
in the above case or cause, but in our
humble opinion their reasoning is full
of false logic and they never touched
the point one time and as long as the
courts in this fair land will twist the
truth or the law around to suit them
selves just SO long will dishonest,
scheming men continue to ride over
the rights and the liberties of the
American people.-Editor.
The broad ax. [volume] (Salt Lake City, Utah) 1895-19??, 1926-05-29
FIT. DEARBORN OFFICERS
BACK

J. G. Martin, exalted ruler. in COM
pany with Col. John r Marshall, VIM.
Boyd and Robt. Hayes, past exalted
rulers of Fl. Dearborn Lodge No. A,
Ellrs, have returned from Cleveland,
Ohio, where they went as delegates for
Fl. Dearborn Lodge and Fl. Dearborn
1926 Marching Club. They secured
headquarters for said bodies during
the grand session at Cleveland in Au-
gust next door to Alderman Thomas
B. FIemings at 1886 E. 10th St. While
in Cleveland, this party was enter
tanned royalty by Alderman Flemings,
District Deputy VIM. Williams and
Sidney Montgomery. En- route they
visited IN Toledo and were the guests
Of Cherry Hall and Kidd Maxwell.