davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
l.C.C, CLEARING
WILL AFFECT
ALL BUSINESS
Revision Of Entire Railroad
Rate Structure in Middle
West Looms

Omaha. Neb., Dec. 2O.-tAP)-Revi-
sion of tho railroad rate structure Of
the middle west and far west looms
as the Interstate Commerce Commits.
sion and state public utility bodies
prepare for hearings on the western
trunklinc class rate situation, the
first Of which will be held here JAN
uary IS before the !. c. c. examiners
The largest cooperative case ever
undertaken Jointly by the l. c. c. and
state commissions it's discussions
are expected to affect business of all
kinds located in this region, in the
opinion of U. G. Powell, rate expert
of the Nebraska Railway Commission,
and q member Of tho rate committee
Of the National Association of Public
Utility Commissions.
The western trunk line territory
has been outlined by the national
commission to include Illinois, Wis.
consin, the upper peninsula of Mich.
igan, Missouri (north of the Missouri
river). Iowa, Minnesota, Kansas, Ne.
braska, South Dakota. North Dakota
Colorado (east of a line, Trinidad to
Pueblo, Denver to Chcyenne) and
that portion Of eastern Wyoming east
OF line, Cheyenne to Casper tt
Sheridan.
Its Effect
The effect on transportation cen.
tiers will depend to considcra biz
degree on how the I. c. G. applies
whatever schedule Of distance rates
It may adopt from points Of origin
to destinations. There are now large
group points of origin illustrated BY
the Chicago group which covers an
extreme territory Of approximately
100 miles in length and fifty miles
wide. If the scale the commiss ion
finally adopts should be laid down as
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
Park River Man
Named President
of County Agents

Fargo. N. D., Dec. 2O-E. J. Taint-
or, Park River, county agent Of
Walsh county, was elected president
Of the North Daokta County Agents
association ut the annual election Of
officers in the Powers hotel Satur-
day night. Mr.. fainter succeeds
H. r. .Daniclson of Rugby.
H. L. Oefstos of Lak0ta, county
agent of Nelson county, was chosen
vice president, ! and Z. c, Dyncs,
Wahpcton, county agent Of Rich
land county, was named secretary.
The officers were named Mt the an
nual "play night" banquet, which
marked the close of the first day of
three day session.
Thirty-twO agents from 30 counties
are in attendance Mt the conference.
Meetings are being conducted today
and Tuesday will be given over to
individual conferences between the
agents and c. F. Monroe, extension
division dircetor.
| Reports of extension department
field. agents were PRESENTED Saturday
afternoon after fpll mornings pro-
gram featured by an address on
"Couuty Agent Leadership" by H. C,
Ram sewer. extension. diSectOr at the
University Of Iowa.
| Demonstrating by charts the value
Of cow testing associations to North
Dakota farmers, A. NJ. Cha1ley, field
agent In charge Of dairy work, urged
county SCENTS to foster this branch
Of work On their respective terri
/ tories.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
/ y SPORTS a
DELANEY WILL
TANGLE WITH
BUD GORMAN
Heavyweight Aspirant to
Meet Wisconsin Man Tonight
in Ten Round Bout

Jersey City. n. j., Dec. 30 Ap)--
Jack Delaney, Of Bridgeport, Conn,
tonight rides to the heavyweight
elimination wars with Husky Bud
German Of kenosha, Wis. rs the
first trial horse Of his campaign,
They meet in the feature bout OF
10 rounds with no official decision,
at benefit show at the Jersey city
Armory for a Christmas fund under
the promotion of Humbcft J. Fugazy
Delaney rules a 20 to | favrorlte,
although German VIII have weight
advantage Of more than ~ pounds.
German. Il ring campaigner OF ~
wears experience, has never been
Knocked out.
Rosenberg on Card
The l0-round scmi-final will give
Charley tPhiD Rosenberg another
tune-up fight before he defends his
bantamweight crown next month
against Bushy Graham, Of Utica, y.
Y. The ttelholdcr expects to play
his fistic music on Pctey Mack, local
feutherweight.
The Dclaney-Gorman bout is the
first of two heavyweight eliminations
this week Harry Person will meet
Jim Maloncy Of Boston at Madison
SQUARE Garden. New York, Wcdncs-
day night. Maloney is a two TO one
favorite.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
Metric System Of
Weights, Measures
Growing in Favor

Request that it pass resolution
mcmorializing congress to adopt laws
establishing the metric system Of
weights and measures probably will
be presented to the legislature at
the coming session, according to
S. A. Olsness, commissioner Of in
Suranee.
Olsncss is an ardent advocate of
the metric system, contending that
it's adoption would save much time
and thereby speed up business. 1t
also would reduce the possibility Of
errors frequent in the present sys-
TEN, advocates Of the idea contend.
Numerous efforts to install the
metric system have been made in
the past and all have failed but mem
bers of nation wide organization
who are advocating the change are
hopeful that continuous campaigning
viii eventually produce the desired
result, Olsness said.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
MONDAY, DECEMBER 20, 1926

ain absolute distance tariff and the
carriers not be authorized to make
groups of points Of origin the effect
will be to disrupt the parity of class
rates that now exist in the eastern
part of the western trunk line terri
tory, declared Mr.. Powell.
Final effect on intrastatc rates
may be quite pronounced, he said. II
it should finally be the decision of
the interstate body that the inter-
state scale adopted by them should
be used by states in western terri
tory as maximum and minimum
scale the effect in some Of the states
will be to raise the rates very ma
tcrially, possibly as much Us fifty
per cent in Illinois, Iowa, Minnesota
and Wisconsin.
"Evcry effort is being made to
agree on as many of the cOntrovert-
cd points to come up ut the hearing,
as possible" said the rate expert
"Sh ippcrs arc cooperating and it is
hopcd that the record finally submit
ted to the commission will be much
more comprehensive than any they
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20

NewfYork, Dee. 20-kD-war debt
settlements Of The United States arc
unsound I'm principle, in the opinion
Of the faculty Of political science in
Columbia Unfversity, and should be
readi usted 1t . new International
conference.
Tho IL members Of the faculty cx-
pressed their Hiews yesterday in
statement endorsed by Nicholas Muir.
ray Butler, president of the uni.
versity.
The existing settlements the fac
ulty contends, shave created .And are
fostering . deep sense 0f grievance
against Vs." and the hatreds among
European nations themselves are be-
ing, trsnsfsrted sto-. the United
TIL debt funding ,eommission. the
faculty believes, NJ allowed only
Limited discretion and did not review
history carefully enoush and did not
xuffie{ently differentiate between
loans mads for civilian purposes and
military use.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20

have ever received on large class
rate adjustment"
Try to Reach Agreement
"For two years." he continued, "a
committee, Of traffic experts repre-
senting shippers in western trunk
line territory have conferred many
times with the railroads in the hope
that u class rate scale might be
agreed to and thereby 0bviatc the
necessity of an order from the l. &.
c.. The last scale of class rates pre-
sentcd to the shippers committee by
the carriers would have the effect of
increasing rats from the Chicago
group to stations as far west as the
Missouri river in different degrees
as between various classes.
"A study made, based on distances
of so to 500 miles on SO mile gradua-
tion from Chicago to Kansas City,
Chicago to Omaha, and Chicago to
Minneapolis, shows that the last
scale proposed by the carriers. would
have the effect Of raising class rates
! varying from Ia per cent in class one
to sixteen per cent in class five"
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20

3.n.nx ,.,hn n. 49, .:. ..:.n.a
:. ..r.,,s.." Ia .n .a ssI.
~ tse"t ,.;. t t"e scF. ., vi s"c
i;.n ~ ali ~ .he -o;, W ..;sad
n.ro.. IT,. ~ an. .an...,s a.,."a.
-. ~ ~, - so"sSs uss~ -
ms sauI :; a"u ,o "a.., - wn.cn .ne
wa;vc III. I;nr hv ,i.I;y.r;rn ~" r-.;n
:. ~ .lovcta- .on,.;r..s ~.
...,r.ct .von .hovrh tS;. .,,i.s ~
.o "o.,;nr,;ru ~ " ,,rs;r ms 'es1's :"
Anmo"i from tha n;.tr;.. co,~. ~
D;vidc Connt~ Hon Co n Mo.il.
.;,, r,,,,r.
REvERSED
nn;r;nr 80 TIN cour. h., r.,rr r.
i Mcilra;th crc.hv A. ~ A..
.n.m.. 80 pia;n.;ff 80, sna.i,aa+
.ornnv - Ro.mo.d.rt
'or"cS iof "esponoen''
From Dunn County
II. V. Rowland. Plaintiff and Res.
pondent
.vs.-
James w. bailey md Augusta Railev.
Defendants nnd Appcllnnts.
SYLLARUS:
/. Where land is sold Mt n mort.
gage foreclosure sale hv advertis-
ment and hid in. nv tho sheriff for
the mortraree. for nm unauthorized
nmount. and the certificate NJ salc Is
not accented or approved by the mort
papee there is no valid sale Of the
land.
3. The sheriff cannot after the me-
ton snlc and the issuing Of certifi-
Gates Of sale thereon. make new GER
tificates Of sale in accordance with
the bid intended by the mortpaeee.
In the first instance the sale was
made without an authorized bid. and
in the second. the certificates were
issued without a sale.
3. It was not error to deny defend
ants application to amend the answer
SO as to include a tender Of the costs
of the second foreclosures. such
tender upon the part of the defend
ants would be a recognition of the
validity of the second sale. and in
conflict with their contention that
the sale was invalid.
4. Where deeds are issued on GER
tificatcs Of sale in an invalid fore
closure by advertising. and the
grantee takes possession Of the mort
gagged land with the implied consent
Of the mortpapors he is MORTGAGE in
possession and the mortgagors
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
Programs From
Radio Station
KFYR, Bismarck
Monday. December 70

Monday. December -
6:3O-7:0O p. m.-Dinncr hour con-
cert.
7:OO-7:O5 p. m.-Christmas spirit
talk.
7:O5-7:l5 p. m.-Wcather forecast,
market reports and news items.
7:15-8:l5 p. m.-Musical program.
Tuesday, December Fl
6:3O-7:OO p. m.-Dinner hour con-
cert (studio program.) Artists:
Edith Ramstad, pianist; Ruth
Gordon, pianist; William Nogglc,
tenor; Adolph Englehardt, violin
list; Mrs. ]. L. Hughes, accom-
PIANIST.
7OO:-7:Q5 p. m.-Weather forecast,
market reports.
7:O5-7:25 p. m.-Studio program.
7:25-7:3O p. m.-News items.
7:3O-8:3O p. m.-Music program.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
PetrOlle to Fight
Less Murray Tonight

Milwaukee, Wis, Dee. 20. tP) =
Lass Murray Australian lightweight.
WHO is asking for attention from TIE
Leading American members of his
division. tonight vii meet Billy Pc
trolle, Fargo. n. d., in a 10-round
bout here which boxing experts say
will determine whether Murray is
capable of mingling with the leading
lightwcights as championship CON
tender.
Murray has taken part IN two CON
tests since he landed in America,
losing to Murray Elkns. Il junior
welterwcight, and being credited with
Il victory over Solly Seeman.
Another l0-round match is on to-
nights card with Spag Meyers Of
Chicago end Russc Leroy Of Fargo
as the principals. The. are junior
wcltcrweights.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
Mrs. SchOemmell May
Not Take Part in
Catalina Isle Swim

New York, Dec. Pop Mrs,
Lottie Schoemmcll, New York dis
lance swimmer who prefers bathing
suits Of axle grease, may not par
ticipatc in the Catalina Island mara
thon after all. Her main objective,
says Manager George Names, was to
defeat Gertrude Edcrle and Mrs.
Mile Gade Corson. channel conquer
ors, who have announced they will
not compete.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
Settlement of
Suits Against
Dempsey Sighted

Chicago, Dec. 2o--fF) Settlement
out Of court is in prospect IN the
suits brought agains. Jack Dempsey
by his former manager. Jack kcarns,
the latter said as he passed through
here en- route to California to spend
the holidays.
Counsel for the former partners IN
the heavyweight championship have
begun negotiations toward an agree
mcnt on the terms Of kearns' de
mands for Il share Of Dempscy's win
nings until expiration Of the man
agership contract, last August.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20

lIDi.
Defendant and Respondent.
SYLLABUS:
/. Ordinarily the ileeali;y of Il
contract upon which Il suit IS brought
must be pleaded to enable the de-
PENDANT to take advantage of such
illegality as a defense, yet where
the illegallty anncars upon the face
Of the complaint, or the facts con
stitutng such defense are disclosed
by the case as made by the plaintiff,
it may be taken advantage Of even
though not pleaded.
.. Horse racing for a prize. pre-
MUM, or purse is within the prohibi-
ton Of Section 96sS. {. l.. 1913 for
bidding "all racing or trial of speed
between horses or animals for any
bet, stake or reward"
>: Section lsi9. G.. l.. 1913 authoriz
ing the organization Of IL State
Fair Association and providing
that such association may
acquire title to lands and con-
vey the same to the state of North
Dakota for the purpose Of exhibit
ing thereon under the management
Of such association the agricultural,
stock breeding, horticultural X
and other products and resources Of
the state Of North Dakota" land
subsequent Legislative enactments
making appropriation Of state funds
to lie expended by the North Dakota
State Fair association for premiums
in the way Of live stock, poultry and
agricultural products for better farm
ing interests X are not special
laws allowing horse racing for re-
ward
1. 4 contract to do an act for.
hidden by express provision of law
or contrary to the policy Of expires:
law is illegal and unenforcible, fol-
courts will not lend their aid t.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
FIGHT RESULTS

Havana Harry Shackles, Belgium,
beat frankie Osncr. Tulsa, Okla,
tI2).
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
Cast Of Minstrel
Show Has Meeting

As u preliminary to the first re-
hearsal Of the cast Of the Elks min
xtrel. show this evening at 1880 at
the, Elks hall, get-together meet
ing Of cast members was held yes
terday afternoon. Clint Draper, direc-
tor Of the show, outlined 1t to those
present and . few Of the songs in
the show were played over. The
show is to be presented January
and 8 at the Bismarck auditorium.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20

Ole Galdc,
Defendant and Appellant.
SYLLABUS:
An application to extend the time
for the settlement of the statement
Of the ease is addressed to the sound
discretion Of the Court and the action
of the Court will nos be disturbed
unless there is an abuse of discre-
ton.
Record examined and it is held
that no abuse Of discretion has been
shown.
Appeal from the District Court of
Nelson County, Hon. A. I. Cole,
Judge.
AFFIRMED.
Opinion Of the court By Burr. J.
W. j. Courtney, Page, y. d., Attor-
ncy for Respondent. Erich, Roberts
4 Burke, Lakota, n. D., attorneys
for appellant.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20

Cass County, Hon. A. I. Cole, Judge.
AFFIRMED.
Opinion of the court by Nuessels, j.
Lemke d. Weaver, Of Fargo, attor.
neys for Plaintiff and Appellant.
Lawrence. Murphy 4 Niles, of
Fargo, attorneys for Defendant and
Respondent
From Cass County
l.. X. Baird, as Receiver of the
Farmers & Merchants Bank of
Hunter, North Dakota,
Plaintiff and Respondent.
VS..
L. y. Goeorth.
Defendant and Appellant.
SYLLABUS:
|. Where a negotiable instrument
is no longer in the possession Of the
party whose signature appears there
on, valid and intentional delivery
by him is presumed until the con-
trary is proved. (Sec. 69O1, c. L.
1918; n. |. l.. Sec. 49, And where the
maker of promissory note, which
is in the possession Of the pave
named therein, claims that there wa
a conditional delivery Of such note
the maker has the burden Of cstah-
fishing his defense Of conditional d, :
livery b. a prcponderancc of the cvi-
denee.
,. On appeal from Judgment
rendered in an action properly triable
to a jury, but tried to the cour.
without !; jury, the findings of fac,
are presumed to be correct; and whe.1
such findings are based upon pare
evidence. they will rot be disturbed
unless shown 70 be clearly opposed
to the preponderance of the evidence
). In the instant case, the plain.
tiff seeks to recover upon a promis.
sorry note. The trial court held that
certain defenses interposed by the
defendant had not been established
For reasons stated in the opinion, il
is held tina: the findings Of the tria
court have ample support in, and are
not opposed to the prep0nderanc Of
the evidence.
From judgment of the District
Court of Cass County, Hon. A. T
Cole. Judge, the defendant appeals.
AFFIRMED.
Opinion Of the court by Christian
son. Oh. j.
Divct e. Sgutt. Fargo, n. Oak, At
torncys for Appellant.
q. S. Gunderson. Fargo, N. Oak.
Attorney for Respondent.
From Adams County
j. q. jacobson,
Plaintiff and Appellant
VS..
George klamann, ct al,
Defendants
q. q. Brown,
Defendant aud Respondent
/ SYLLABUS:
l. Sufficicncy Of the cvidcnc,
cannot be reviewed on appeal unlcs
i such sufficicncy was challenged b.
motion for directed verdict or b.
motion fora new trial in the Cour
below.
2. The plcadings in this case rails
ed the issue Of whether dcfendan
Brown was an accommodation cndors
err for the plaintiff. The Court CAV
the law regarding accommodation par
ties, their rights and liabilities. TIL
matter was submitted to jury VIII
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
AN OLD FORT

Cambridge, Mass.--Fort Washing
ton in Cambridge may become as
famous as Bunker Hill, Lexington
and other places Of historic inter-
4st. The city council recently
y6fed $500 "a renovate and restore
he fort. The last ~ the easthworks
huit ~ the American troops at the
tiyae vixen the British occupied Bos-
ton afc part " the restoration
project. US.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20

Miskouri and ILLINOIS, IN 1911, pass.
ed tks first mothsf's bid laws.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
Supreme Court
Decisions
From Nelson County

Sharon Milling Company.
co partnership consisting of
l.. a. O'kcefc and u. j. O'keefe.
Plaintiff and Respondent
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
From Divide Comfy

From Divide Connty
Hf ;sn; Blank Plaintiff and Appel
VS. a. TentOn, a. administrator Of
the estate Of r. C. Fenton, Defend
ant and Respondent.
SYLLABUS:
The lessee under . cropp1r's con-
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
From Cass County.

/ John D. Erickson.
P!aintiff and Appellant
vs..
/ North Dakota State Fair Assoc
| citation Of Fargo, a corpora
ton,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20

parties engaged in illegal transac-
tions
Appeal from the district court of
Cass County, Hon. A. 1. Cole, judge.
AFFIRMED
Opinion of the court by Nuessels, j.
Lemke d. Weaver. of Fargo, attor-
neys for Plaintiff and Appellant.
Lawrence. Murphy T. Niles, of
Fargo, attorneys for Defendant and
Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20


From Burleigh County
State ex rel. Albert Thompson and
May Thompson. Petitioners and
Appellants
S. A. Olsness, Commissioner Of In
surance Of the State of North
Dakota, Defendant and Respond
emit.
SYLLABUS: =.
l) The duty Of presenting claims
for losses payable out Of the State
Hail Insurance Fund dcvolves upon
those sustaining losses, and where
claimants neglect to present claims
until after the indemnity levy il; made
for a particular year (25th day OF
October, under Chapt. 232, Laws OF
1928, Sec. 6; Chapt. n. Laws oi
1921, Sec. -, the State Hail Insur.
ance Commissioner may not be com.
PEELED by manadamus to adjust such
claims.
(2) The indemnity fund for An,
year consists Of the proceeds Of
levy based upon losses previousl.
reported to the Insurance. Commits
sioner and exists primarily for tn,
payment of such reported losses.
go The surplus fund, consisting o
any surplus in the indemnity fun,
above the amount necessary to pa,
losses for a-tiven year plus the pro
cecds Of the flat acreage tax (Chapt
1872. Lays 1923, Sec. 81. Is not 81
indemnity fund for a revolving fund
Appeal ftDM the District ,Cour
Of BuPleigh County, Hon. Fred Jan
sonius, Judge. ! .Axs1.
AFFIRMED. Opinion Of tNss e6dr
by Birdzeli, J. 49,. 49,
Attorneys for "A ppeiiants.
Geo. r. shafer. AttornexG aper1
and John Thorpe. Assistant M -
General Affarnevs fnr Resnnnd ant
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20

From Adams County .
j. o. jacobson,
Plaintiff and Appellant.
VS..
George klamann, ct al,
Defendants.
@. o. Brown,
Defendant and Res nOudcnt
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1926-12-10

/ marketing operations. Farmer-con-
trolled agencies. he believed. could
best effect an orderly flow of pro-
ducts to market.
Legislative action should be de-
signed to create and enlarge such
agencies and supplement their eff
forts" said Secretary Jardine. mo
general formula will cover all COM
modities and all regions. What is
needed is concentrated and coordin-
ated effort backed up by adequate
resources. To do this may require
further enabling legislation"
Declaring that farm commodity
prices, especially in areas distant
from markets, are seriously depress-
ed by high freight rates. Mr.. jar
dine said 1t was his conviction there
must be substantial rate readjust-
ments.
Drastic reduction in farm taxes
cannot be expected at the present
time, in the opinion of the secretary,
who said the demands of the users
OF automobiles for better and more
improved roads and the necessarily
| high costs OF education will keep
the expenses Of states and local units
close to their present level. He said
1t was mistake to suppose that the
tariff system benefits industry great
ly and agriculture little.
TT would be In the highest de-
gree unwise for farmers at this time
to launch an attack on the tariff
| he said. without carefully consider
ing the possibility that In the near
future they may need it more than
any other economic group in the
country. Tariff duties on farm pro-
ducts prior to the war were largely
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1926-12-10

hypothetical. Now, with increasing
population, with relatively declining
farm population, with declining
farm acreage per capita. and with
increasing efficiency of farming, the
tariff is becoming protective for
crops formerly influenced mainly by
the world market. Powerful forces
are carrying us into a position in
which the tariff will have its intend
ed effect In the near future on q
steadily lengthening list OF import
ant farm commodities. Under our
high tariff regime, such tariff rates
should be placed on farm products.
article by article, as will insure the
producer the home market. The ex-
periences of recent years have con-
vinced me that the system OF basing
tariff rates on differences in produc-
ton costs is inapplicable to agricul-
tural products. The only method is
to do what used to be done decades
ago for manufacturing industries.
namely, to fix rates at such height
as effectively to give the home
market to domestic producers"