davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-11-10
FROM RENvILLE COUNTY
Norma State Bank, Norma, North
Dakota, q corporation,
Plaintiff and Respondent

Plaintiff and Respondent
VS.
Amos Melin and Isaac Melin, CO.
partners as Melin Bros,
Defendants and Appellants.
SYLLABUS:
a. Where the defense Of condi-
tional delivery is interposed in an
action on q promissory note, and it
appears that the maker gave the
note for stock in corporatio: there
after to be organized, and it further
appears that there was an organic
alton, at which. the maker Of the
note was elected secretary, and
thereafter he participated in the in
voicing Of stock Of goods which
was purchased by said organisation,
paid for with promissory notes and
stock notes given IS collateral &C.
curity Including the one in suit
| all with knowledge and consent Of
the maker of the note, II the note
was delivered conditionally such con.
dition was waived by action Of thu
defendant.
Appeal from the District Court
Renvlle County, Hon. w. J. Knee
shaw, JUICE.
Opinion Of the court by Burke, ]
AFFIRMED.
P. M. Clark, attorney for Plain
tiff and Respondent. Mohall. Nortl
Dakota.
E. 4. Sinkler and 6. o. Brekke
attorneys for Defendants and Ap
pellants, Minot, North Dakota.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-11-10
FROM STUTSMAN COUNTY
The 11n;ou Con%ra1 Life Insurance

FkQM SlUlSMAN COUNlI
The Union Central Life Insurance
companyn, corporation,
VS. Appellant
First National Bank Of Courtenay,
North Dakota, q corporation, and
Farmers Elevator company, Of
Courtenay, North Dakota, . COR
poration. Respondents.
SYLLABUS:
On examination Of the whole rec
ord in this case, the trial court found
there was no waiver by the bank of
its right Of priority under chattel
mortgage, and no proof Of any au-
thority on the part of the cashier
Of the defendant bank to waive such
priority. Such finling is justified
by the record in the case and is at
firmed.
Appeal from the District Court
Of Stutsman County, Hon. Fred
Jansonius, Judge.
AFFIRMED.
Opinion Of the Court by Burr, J.
Aylmer & Aylmer, and p. w.
Lanier, Of Jamestown, N. D., and
Lawrence, Murphy & Miles, of
Fargo. N. D., attorneys for appel
liant.
Knauf & Knauf, Of jamestown,
N. D., attorneys for responent.
FROM MOUNTRAlL COUNTY
Caroline Marker,
Plaintiff and Appellant
evS.
Robideaux Grain company, a cor
poration,
Defendant and Respondent.
SYLLABUS:
~ A lease or cropping contract,
whereby title is reversed in the
owner Of the land as security for
advances, is valid and enforcible
and is not required to be filed as q
chattel mortgage.
a. Under Section 1888 Of the
: Compiled Laws for 1913, an ora
agreement for leasing real property
for the period Of > year or less is
valid.
(3) In m action for conversion
tried to the court without jury
{, It is held, for reasons stated in the
opinion, that the judgment is sup
ported BY the findings Of fact.
Appeal from the District Court o.
Mountrail County. HON. John G
Lowe, Judge.
AFFIRMED. 5.
Opinion Of the court by Birdzell
Oh. ].
Paul Campbell. Minot, N. D., 1t
torney for Appellant.
B. E. Crippen, Parshall, N. D., 1t
torney for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-11-10

FROM FOSTER COUNTY
First National Bank of Viroqua,
Wisconsin, a foreign corporation,
Plaintiff and Respondent
Tvs.
Farm Mortgage Loan E Trust COM
pany, a domestic corporation.
Defendant and Appellant.
SYLLABUS:
An order requiring . pleader Ia
make his pleading more definite and
certain is not an appealable order.
Appeal from the District Court
of Foster County. Hon. ]. A. Coffey,
Judge.
DISMISSED.
Opinion Of the court by Burr, J.
Craven & Cummings, Of Caring.
ton, N. D., attorneys for plaintiff
and respondent.
r. C. Morton, Of Darlington, N
D., attorneys for defendant and ap.
pellant.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-11-10
FROM WARD COUNTY

Anton Yesel, by his Guardian, Ad
Litem, S. E. Klien,
Plaintiff and Respondent
George Watson and State Bonding
Fund of the State of North Da-
kota. Defendants and Appellants.
SYLLABUS:
az In the instant esse it is held
for reasons stated in the opinion
that q default judgment was taken
against the defendants through mis-
take, inadvertence or excusable
neglect, and that theil application
for a vacation Of such judgment,
seasonably made, should be granted.
(2) Following Jesse French &
Sons Piano Co., VS.. Gets, 49 N. D.
SIT, 1872 N. w. 765, it is heidi
Where a motion is made by q de-
PENDANT to vacate a default judy
ment (under Section 7483, C. L.
1879 on the ground Of mistake, in
advertance, surprise or excusable
neglect; and where at the time such
judgment was rendered the case was
at issue upon duly certified answer
| 0cttluk lOItu = OcASss0S VII VIC uASA 40
an affidavit Of merits is not ar
indispensable requirement upon tn
motion to vacate the judgment.
| Appeal from the District Cour'
Of Ward County, Lowe. J.
! Defendants appeal from an ordel
denying an application to vacate ,
default judgment.
REVERSED.
I Opinion Of the court by Christian
son, j.
Robert H. Bosard, Minot, Mort
Dakota, Sem & Casey, Rugby
North Dakota, Crum & Crum, o
Bismarck, North Dakota, attorney
for Defendants and Appellants.
! E. r. Sinkler and G. o. Brekke
Minot, North Dakota, attorneys TO
Plaintiff and Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-11-10

FROM MCLEAN COUNTY
G. G. Storing, Is Receiver Of the
. First National Bank Of Turtle
Lake. North Dakct- = corpora
3on. Respondent
we
National Surety Company. : cor
pceation. Appellant.
SYLLABUS:
h "a Where . surety On q bond
tor tbe fidelity q en- employee q
" National Hank becouCs lioh)o
t8eroon 4 cannot ofl.sot my e3ajm
|1t nay lavo against IL hank 49,
~ 4tpm tho 4aeE that & 49, -
|stoty a . 6epositasy I'm -
~ fhis hank 8 inc1io - - =.
|aoot q dspeeits. cil - &
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-11-10
FROM WELLS COUNTY

FROM WELLS COUNTY
I. S. Bessel,
Plaintiff and Respondent
VS..
A. w. Bethke,
Defendant and Appellant.
SYLLABUS:
a. Where q stakeholder is an
officer of a corporation and has
contributed his personal skill in
conducting the business of the COR
poration, sale Of his entire stock.
accompanied by an agreement not
to re-cngage in a similar or compel
ing business, may involve the sale
Of the good will.
(2) Where the owner Of q major
/ ity of the stock in corporation and
the owner Of q minority Of the stock
enter into a contract for the sale
Of all the stock Of the Latter to the
former, and where-it appeared that
the vendor had been active and was
especially skilled and experienced
in the different branches of the
business conducted by the corpora
ton, and where a. 4 part Of thu
consideration he had agreed not Il
re-engage in q similar business a.
owner or agent within 4 radius 0,
fifteen miles from the city wher,
the business was located and for ,
limited period Of time. it is held tina
such contract, though in restrain
of trade or profession within Sec
ton 1923 Of the Compiled Laws o
1913, is valid Is accompanying tn
sale Of the good will within the ex
iception stated in Section 1925 Of tn
Compiled Laws Of 1913.
| (3) The granting Of a temporar,
J restraining order il discretionary
and it is held that the discretion wa
mot abused in the instant case.
l Appeal from the District Court D
Wells County, Hon. J. A. Coffey
Judge.
j AFFIRMED.
Opinion Of the Court by Birdzeil
Oh. J.
Combs, Richie 4 Hanchett, Val
ley City, N. D., attorneys for Ap
| pellant.
\ Alloys Wartner, Harvey, N. D
attorney for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-11-10

BY O. G. LIBBY
Each hSnt. Of which therA are two
The Coconino sun., 1927-06-10
Plan Motorcycle Race
Phoenix To Flagstaff

From Phoenix to Flagstaff in four
hours flat.
That is what Phoenix motorcycle
riders think they can do in road
race which they are planning to stage
on July 4.
The knights of the Iron Horse,
Phoenix motorcycle organization, is
behind the plan. It will be the first
event of its kind ever attempted in
Arizona and there will be from Is to
20 of the best riders in the southwest
ready to compete.
A few weeks ago Bert Hepworth of
Phoenix made trial run from Phoe-
nix to Flagstaff. He left the down
town district in Phoenix at three
O'Clock in the afternoon and arrived
in Flagstaff at 1927 p. m. This time
of four hours and 27 minutes is said
to be the motorcycle record between
the two points. And Hepworth claims
that he had trouble with his motor
and had to stop once to take gas be-
cause of leaky carburetor.
Hepworth says that he is certain
that he can cut 27 minutes off his
time. His time between Phoenix and
Prescott was two hours and eight
The Coconino sun., 1927-06-10
Winslow' Rejects
S. F. Water System

That the city of Winslow does not
wish to purchase the Santa Fe water
distribution system was definitely de-
cided Tuesday night by the city coun-.
ell at its regular first Of the. month
meeting, and City Clerk Stanley Wat
kins was instructed to write the Santa
Fe and advise them of the city's ac-
ton. At the same time the council
decided to ask the Santa Fes to renew
their franchise, which expires in
August.
The result of the city's action fol-
lowed an offer on the part of the
Santa Fe as provided in the franchise,
that the city take the first step and
indicate whether they wished to take
over the distribution system. A mass
meeting held last month resulted in
no action being taken, leaving the
matter back to the city council, with
the result of last nights action.
Under the franchise it will now bo
up to the Santa Fe to make the first
move, and it is freely predicted that
the city water plant will be turned
over to private corporation, mas
much as the railroad company has
made it plain that they do not wish
to continue in the business of distrib-
uting water.
Besides the water question another
important step taken last night was
the probable action of the council in
the near future to take condemnation
proceedings against the Santa Fe rail-
road company for right -of-way to land
owned by the company from William
son avenue through East Second
street to the state highway The dis
cussion followed communication re-
ceived from the company advising
the city that they had placed valua-
ton of $4,000 on the land in question
including that portion of the street
which has been open for years, from
Williamson to Snyder avenues.
A total of 1888 acres is owned by
the company in the proposed project
of the extension of Second street.
Under the plan cf extension it calls
for the city to secure proper right Of
way, interested taxpayers having
signed petition to defray all cost. It
was indicated that condemnation pro-
ceedings would be started Immediate
ly by City Attorney P. A. Sawyer
Winslow Mail.
The Coconino sun., 1927-06-10

The wolf is the most destructive
killer. His regular habits have been
his weakness however. A wolf trav-
els regularly in certain circuit of
perhaps a hundred miles. Every time
he makes his trip he follows exactly
the same trail. IL he crosses road
from a certain point on one trip, the
next time, even if it is two weeks
actly the same place, not two feet
all his willy shrewdness in avoiding
traps, we have been able to get most
of the wolves after first discovering
their routes.
Next to the wolf as a destroyer is
the mountain lion, and then the coy
ote, the bobcat, the fox and the bear
Now and then we have to get jaguar,
beautiful big cat which comes up
into our country from Mexico. Skunl1s
also are sometimes on our list be-
cause of their occasional raids on bee
keepers. A skunk will make a noise
at hive entrance at night until the
bees stir, and then lap them up one
after another as they come out. We
were able to identify remains of 276
bees in the stomach of a skunk
| am all -ys sorry when a report
comes in that bear has turned Grim
tually seen a bear bounce suddenly
into a bunch of horses and cavort
around among them with no effort
to touch one, and very plainly laugh
ing at their terrible fright. Don't
tell me that bear has no sense of
humor. And when he turns killer he
kills fairly. He doesn't sneak up be-
hind like a wolf, nor like wolf will
he eat from poor creature that is
not yet dead. According to the best
evidence we have the bears method
is to face his prey and maui it to
The Coconino sun., 1927-06-10
By b. e. MUSGRAVE
Leader, Predatory Animal Control
Phoenix. Arizona

HnOenlX. Arizona
have crawIed out on a big branch
of a tree and taken pictures of a
mountain lion while he sat six feet
away growing and kissing at me. If
you really know mountain lions YOU
know, SIS | did, that l was in no
serious danger. The mountain lion is
coward, as a rule
There are exceptions: One, | re-
member well, was treed by the dogs
and had taken his place out on a limb
about ten feet from the ground.
started out on the branch with my
camera ready. He Kissed and growled
as | drew close and stepped toward
me.
had seen other lions walk the
limb toward me too, but with this fell
low there was big difference. Al
ways before they turned their heads
from side to side, growing viciously
enough but never looking directly at
me. This lion was looking straight
into my eyes with every growl and
every step, and knew he meant busi-
ness. decided could do without
any more lion pictures that day and
promptly dropped out of the tree.
Here in Arizona we have since 1913
killed more than 600 lions and in the
course of this continual hunting have
had a chance to learn some new facts
about the habits of the largest of
American cats.
To my knowledge there are but two
definite records of human beings hav-
ing been attacked by mountain lions
Two years ago in Washington State a
thirteen-year-o boy was killed by
lion and partly eaten. Six weeks later
a lion was trapped in the vicinity. The
stomach was examined on the theory
that it might be the lion that had
killed the boy Bits of the lads hair
and clothing were found and cart
ridge that had been in his pocket.
Some twenty years ago in northern
California lion attacked q little boy
who was walking home from school,
with his teacher. The teacher, with
only hatpin for a weapon, fought
the animal off after a bitter battle
Both she and the bog were bitten and
scratched and both died from rabies.
proving that this particular animal
was mad.
When he finds that the dogs are
after him the mountain lions one idea
is to escape. He will almost never
show fight unless wounded, cornered
or trapped. He is short-winded and
not very hard to catch. For hum
dred yards or so he shows most as
tonishing speed, then he is out of
breath. As dodger he is an expert,
turning, twisting and jumping so art
fully that dogs can scarcely follow
him.
The mountain lions ability to jump
is astonishing He doesn't climb a
tree to escape the dogs-he jumps. |
have often seen lions make a spring
Ing leap from the ground 12 or Is
feet up into a tree / have seen them
jump to the ground from heights of
so to so feet, land lightly and make
off Is or 20 feet on the first bound |
When you consider that full-grown
male may weight 175 pounds the mar
vel Of these flying leaps grows great
sr
AS soon as the hunter comes in
sight of lion treed by the dogs the
Dig cat usually jumps at once and |
runs for another tree. By the second |
time he is getting short of wind and /
s slower to leave the tree. have
known one to hang with his claws set
n the bark, refusing to bulge even
when punched with a long stick. 1t IS
after | have weary and winded lion
The Coconino sun., 1927-06-10

death. Apparently he strikes it over
the head with his powerful paws.
Cattle will frequently fight back.
In one case we found bear and big
bull lying dead not far apart, evi-
IDENTIFY having fought to draw with
The Coconino sun., 1927-06-10

minutes.
The riders expect to leave Phoenix
about noon, reach Prescott by two
o'clock in the afternoon and finish at
Flagstaff around four O'clock. Word
has been received from Tucson,
Jerome and several other Arizona
points that riders will enter.
The Coconino sun., 1927-06-10

Electricity worth S180,000 was
generated in connection with the Salt
River irrigation project in May, and
the Horse Mesa plant on only partial
operation. 25,000,000 Kilowatt hours
were generated.
The Coconino sun., 1927-06-10
If Enough Milk

Were used in the diet
Of the average family,
A score of devastating diseases
Would vanish from
Medical records.
But one of the great things
About MILK is that
When the disease appears
Which would have been avoided
By the use of MORE MILK,
1t can be cured,
In nine cases out of ten,
Through diet
Composed largely or entirely
Of GOOD MILK!
Ask your doctor!
The Milk Depot
]. E. ETTER
The Coconino sun., 1927-06-10

injuries that killed each Of them.
Jerome's $4,000 Episcopal church
is fast nearing completion and will be
completed about the middle Of June
The auditorium will seat 200 persons.
Imperial Valley press., 1927-05-16
Lion Convention
At Riverside

Advanced publicity on the eighth
annual Fourth District Convention
Of Lions. which will be held in Riv-
erside on May 1928 inclusive, is
being received bv the local club,
which is making preparations to
send a big delegation to Riverside
for the event.
Convention headquarters will be
located at the Glenwood Mission
inn. Officers and their ladies will
arrive and register on the evening
preceding the formal opening of
the convention on Thursday morn
ing. Following this, an intensive
program of inspirational addresses,
business, and social events will fol-
low until the climax of the conven-
ton. which will consist of an elab-
crate pageant on Mt. Rubidoux.
Among the speakers will be r.
Truber Davidson. assistant secre-
tarv of war: Chester A. Roweh.
publicist: Lion Ray Tiley, state
com ptroller, third vice president
Lions International: Lion Walter
Dexter, president of Whittier Col
lege; Lion Jack Riley, past district
governor.
Golf tournaments and a partieu-
larly interesting program for the
ladies who attend with their hus-
bands are also arranged.
Imperial Valley press., 1927-05-16
Wealthy Men Of
Britain H We
Less Than Ford

{ LONDON. Nav l6.-Great Brit
combine their fortunes today, could
not equal the fortune of the world s
reputed wealthiest man. Henry Ford
! according to unofficial statistics
made publfe by a local paper here
recently. -....
The II wealthiest men in Great
Britain, according to the statistics,
/ have combined worth Of $900,-
! 100000.
In class one Of the statistics. are
placed the well-known ship owner,
! Sir John Ellerman. Lord Iveagh and
40 Ssibly the Duke Of Westminister,
although the latter's fortune is
claimed to be mostly in intangible
properties. 1t is claimed that Sir
John Ellermau is the wealthiest of
the three SO far as actual income is
concerned, while the Duke Of West
minister, If rated by income would
not fall within this group. The com,
bined fortunes Of the group ia esti-
mated around 300,000,000.
Glass two, comprised G: .hose mil
lionaires with estimated fortunes of
$75.000,000 or over, contains larg-
er number. In this group come
Lord Rothermere, the holder of the
most extensive newspaper interests
in the world: 8. B. Joel and Solly
Joel. both of whom owe something
to heredity from their famous uh-
Gle, Barney Barnato, who founded
some of the greatest diamond in
terests ever known in South Africa.
Sir David Yule is also in this class.
Sir David inherited much Of his
fortune, but greatl yinereased it
through careful business transas-
tions in India.
Lord Cowdray, one Of the posses
sors Of the few English ooh for
tunes" is also placed in this class.
In the next class. consisting Of
possessors of fortunes below the
$50. 5.0OO.O00 mark are placed Lord
Ashton. who made his fortune out
Of linoleum; Lord WoolavinRton, \
distillery millionaire; Lord Dewar,
q distillery millionaire: Lord Bears
ted. who inherited much Of his
wealth and later more than doubled
it through shrewd investments: Sir
George Wills, the tobacco magnate ::
Bernhard Baron, the owner Of m.
other large TOBACCO combine: Lord
Derby. the famous racing owner,
and the Duke Of Portland.
Imperial Valley press., 1927-05-16
Monies Obtains
Speedy Trial

Trial Of Tomas Monies, charged
with being an ey-eonvict in posses
| sion of I pisto., was begun and
/ nearly completed in superior court,
I department two. this morning. At
/ the room recess the caso had been
presented 10 .hc jury With argu-
mcnts to begin as court convened
for the afternoon session. Several
of the jurors. who heard the Hard
wick case, were n the Dox wht n
the jury was obtained.
George Pryor, former Fl Centro
patroiman; Charles R0sendue|t
patroinan; Harold Gillett, deputy
sheriff; John --irpenter and {. :.
.orrill. were called rs witnesses for
the prosecution. Carpenter was call
I'd to place Monies commitment pa
ncrs in evidence while Morrill,. Of
fhe police Identification bureau Of
Los Angeles. was called TO identi-
fy Monies as IN ex-conviet.
The patrolmen and deputy sher-
if told of finding Monies in q local
room.
Monies was the only one to take
the stand for the defense. He de-
MED ever having had jurisdiction
over the pistol. He said that it
belonged to another man, who room
ed with him.
Edward II. Law of the district
attorhev's office was then called as
a rebuttal witness.
Both defense and prosecution
then announced they would rest.
Adjournment was taken. d. II. Vol
ford is appearing as attorney for
the defendant.
Imperial Valley press., 1927-05-16
Local Woman Is
Hurt In Wreck

Mrs. Jack Davis of FL Centric is
said to have been seriously injured
in an automobile accident on the
San Diego highway. near San Diego
last night. According to reports
reaching this citv she has been TAX
en- to hospital in San Diego for
treatment. Her husband was with
her at the time but is said to have
escaped uniniured and accompanied
her to the hospital.
A. L. Houke. ticket agent Of the
Southern Pacific, also figured in the
accident aud escaped injury. His
car, however. was reported to have
been badly damaged.
No definite details of tho acci-
dent could be learned today.
Imperial Valley press., 1927-05-16
Choir Presents
Perfect Hymns

An interesting program illustra-
tive of group Of perfect hymns
was presented last night by the
CHOIR of the State Street Christian
church, under the direction OF Nine.
katherine Ward Kupelian, at the
Iegular church service.
. The hymns, which were chosen
from d list of 80 which are con
sidered perfect. were introduced by
Hev. W. c. Cheverton, who gave Il
.briei~ialk on the history Of each
number and on its composer pre-
teding its presentation by the
choir.
q The 80 hymns were found to be
favorites in a study made of l07
books, and given in standard list
which includes only compositions
Imperial Valley press., 1927-05-16
Sisal Case Sent
Back to Courts

WASHINGTON, May 49, The
United States supreme court today
sent back TO lower courts for decis:
ion the governments suit TO break
up the alleged Sisal monopoly.
The suit was brought to restrain
an alleged conspiracy Of bankers in
this country to maintain control Of
the Mexican product used extensive
II in making binding twine for har.
vesters. Many Irregularities in
form were found in the case, pre-
venting decision on the merits Of
the case now, the court said.
Fedearl Judge Hand. New York,
dismissed the government suit as
serting American courts had NO
jurisdiction TO interfere. Eighty
per cent of the world 8 Sisal comes
from Yucatan. ---......
Imperial Valley press., 1927-05-16
Infant Dies in
Family Tragedy

san FRANCISCO, May 10
Joseph Niblick, 6. is dead and HIS
brother, William. 10. and his moth'
er, Mrs. Louise Niblick. 81, are in "A
hospital as the result Of what police
believe was an attempt by the wo-
man to murder and suicide.
The three were found this after
noon in a gas filled room in a room
ing house conducted by Mrs. Nib
lick.
Imperial Valley press., 1927-05-16
Southern Posses
Search for Negro
BY United Press Leased Wire

LITTLE ROCK, Ark, May 16. -
Every available police officer and
a large posse Of men started search.
ing this afternoon for an unidentifi.
ed Negro who attacked a white wo.
man, Mrs. B. n. Thompson, here
shortly before noon today.
Mrs. Thompson was taken to a
hospital where her injuries were re
ported slight. She said the Negro
struck her over the head with 4
milk bottle after forcing his way
into the house.