davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-06-04
From MeIntosh County
acob Kosel, Plaintiff and Appellant

From MeIntosh County
Jacob Kosel, Plaintiff and Appellant
First National Bank Of Ashley,
North Dakota,
Defendant and Respondent
Syllabus:
"a The federal statute known as
the Soldiers and Sailors Civil Re-
lief Act" is applicable to proceed
ings in state courts.
(2) Where the pleadings show af-
firmatively that the cause OF actton
set forth in the complaint accrued
June 10, 1919, and the action was not
commenced until September Is, 1925
but that from March ~, 1918, t.
November IS, 1919, the plaintiff was
absent from the state in the military
service Of the United States during
the late war. plaintiff is entitled ia
deduct such period Of his military
service in computing the time when
the bar Of the statute of limitations
becomes effective as defense.
81 Under the foregoing state OF
facts It was error to sustain the OBJ.
lection Of the defendant to the intro.
ducti6n Of any testimony on the part
Of the plaintiff, and to dismiss the
case on the theory that the plead
ings showed affirmatively the action
was barred by the statute of limit
ati0ns.
Appeal from the district court oil
Mcintosh county. Hon. George M
McKenna, judge.
Reversed.
Opinion Of the court by Burr
judge.
Wishek & Wishek, Ashley, N. D..
and Lauder & Lauder, Wahpeton, N
D., attorneys for appellant.
]. A. Mackoff, Ashley, N. d., and
Curtis & Remington, Lisbon, N. D..
attorneys for respondent.
From Bottineau County
Charles Bergxren.
Plaintiff and Appellant
vs..
Daniel F. Callahan, ct al,
Defendants
Mohall State Bank, corporation,
and w. H. Mcintosh, receiver of
the Mohall State Bank, a cor
poration,
Defendant. and Respondents
Syllabus:
/. Callahan executed and deliv-
cred to defendant bank two promis-
sorry notes, one for $4,000 and one
for $500, each secured by mort
gage on the same land. The notes
and mortgages were simultaneously
executed and delivered. The bank
recorded both mortgages, and sold
the $4,000 mortgage to plaintiff.
Plaintiffs mortgage was recorded
six minutes later than the other. On
bringing this action to foreclose his
plaintiff alleged that the
bank falsely represented his mort
gage to be first mortgage lien, and
prayed for judgment decreeing his
mortgage to be a prior and superior
lien to the mortgage held by the
bank. For reasons stated in the
opinion, plaintiff failed to establish
fraud.
Appeal from the district court Of
Bottineau county. Hon. A. G.. Burr,
judge. = m
Action to foreclose mortgage, and
for decree adjudging mortgage to be
q first lien.
Plaintiff appeals.
Affirmed.
Opinion Of the court by Englert,
district Judge.
Burr, judge, being disqualified, did
not participate; Hon. M. J. Enrlert,
Judge Of the First judicial district,
sitting In his stead.
George I. Rodsater, Mohall, N. d.,
attorney for plaintiff and appellant.
J. ]. Weeks, Bottineau, N. D., at
torney tor defendants and respond
entS.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-06-04
DECISIONS Of THE SUPREME COURT

these respects will not in themselves
warrant the inference Of such an
intent ~ to sustain an attachment
under the fourth subdivision vi Sec
ton 1887, compiled laws 1913, pro-
vidiAg that his property may be at
tached "when the defendant has
sold, assigned, transferred, secrcted
or otherwise disposed of, or is about
to sell, assign, transfer, sccrcte or
otherwise dispose Of his pronerty,
with intent to cheat or defraud his
creditors, or to hinder or, delay them
in the collection Of their debts"
Appeal from the district court of
Ward county, Hon. George II. Mocll-
ring, judge.
Reversed.
Opinion of the court by Nuessle,
judge.
F. J. Funke and Sinkler & Brekke,
Minot, attorneys sfor defendant and
appellant.
L. J. Palda, Jr., C. E. Brace and
Robert w. Palda, ,Minot, attorneys
for plaintiff and appellant.
From Mclean County
The State Of North Dakota,
r Plaintiff and Respondent
Tim Mulcahy.
Defendant and Appellant
Syllabus:
In q prosecution for statutory rape
in the first degree, it is held:
l. That the testimony of the
prosccutrix, as to certain state
ments claimed to have been made BY
the defendant contemporancously
with the criminal act, was properly
admitted in evidence.
2. That the trial court did not err
in holding the evidence sufficient to
sustain the verdict.
Appeal from the district court of
Mclean county, Hon. J. A. Coffey,
judge.
Affirmed.
Opinion of the court by Christian
son, judge.
E. II. Sinkler and c. o. Brekke,
Minot, N. D., attorneys for appel
liant.
George F. Shafer, attorney general;
r. L. Fraser, states attorney, WASH,
burn, N. D., and s. L. Nuchols, spe-
cial assistant, Bismarck, N. D., attor-
neys for respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-06-04

From Bowman County
Bowman County, a political cor
poration of the state Of North
Dakota and Anna M. Spire, ,audi-
tor Of Bowman county,
Plaintiffs and Respondents
vs..
William A. Mcintyre and state
bonding fund of the state of
North Dakota, Defendants.
State bonding fund Of the state of
North Dakota,
Defendant and Appellant
Syllabus:
IH-an action to recover the penalty
OF an official bond, held, for rea-
sons stated in the opinion:
!. That the complaint is good as
against objection made ut the open
ing Of the trial to the introduction
Of any evidence on the gro1nd that
the complaint fails to state facts suf-
ficient to constitute a cause of ac-
ton.
2. That the evidence is sufficient
to sustain the Judgment ~ entered.
Appeal from the district court Of
Bowman county. Hon. Frank T..
Lembke, judge.
Affirmed.
Opinion Of the court by Nuessle.
Judge.
Crum 4 Crum, Bismarck, attorneys
for appellant.
Mark H. Amundson, Bowman. at
torney Tor respondents.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
Wooden Spoon Is Yearly
Gift at Yale Dances

New Haven. April pa three
foot wooden spoon is the treasured
and traditional gift to the leader OF
the annual Yale Junior prom" one
OF the most noted and gorgeous OF
college social affairs in America.
The custom dates back 10 pre-
Civil War days. Originally the spoon
was given 10 the junior who was
most glib OF tongue IN oratorical
contests. In 1850 the novelty had
worn Off, and the following year the
affair was turned into a dance at
which the spoon was given to the
most popular junior present
The presentation, accompanied by
all the pranks that college students
could devise. was abandoned in 1871.
and revived a Few years ego. Charles
Tiffany Bingham. chairman of the
Yale Promenade committee. and son
OF United States Senator Bingham
o. Connecticut, received il this year
\ new spoon is carved each year
by Frank l.. Anderson OF New Ha-
ven.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
SkYSCRAPERS TO
| HIDE CAR TRACKS.
Chicago Planning for Use Of
Air Rights

Chicago. April l LPN-Chicago is
beginning TO use the air rights over
her railroad tracks.
The Chicago Daily News Is the
first business concern to plan a
building over railroad right OF
way, but many similar projects are
under discussion. Downtown Chi
cago is virtually encircled by rail-
road tracks, but realtors say it will
De only matter OF time until all
tracks are hidden under sky
scrapers.
The Daily News building will be
Just west OF the Chicago river over
tracks leading into the new Union
station. Pending identification of the
terminal. shafts through the build
ing will provide an outlet Tor loco
motive smoke. The river front Will
become q broad plaza. The Union
station company has several more
blocks OF track available for similar
development.
Just north OF the river where il
bends 10 turn into Lake Michigan
the Chicago /; North Western road
has large freight yard which some
day will be beautitied. The north
bank OF the river will be skirted By
double decked street like WackeG
Drive on tho opposite bank. opening
the railroad yard 10 development Of
air rights.
Probably the most valuable OF all
is 'the Illinois Central right o. way
along the lake front.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
Johnson National Head
Junior Achievement, Inc.

Springfield, Mass, April L.
Election OF Albert A. Johnson, edu-
Gator, organizer and administrator
of wide experience and with inter-
national contacts. to the newly ere
ated position Of national executive
director Of Junior Achievement,
Inc, national club organization for
city boys and girls with headquar-
ters here, WIS announced today by
Horace A. Moses, president of the
corporation.
The Junior Achievement system
which now has approximately To-
900 boys ana girls enrolled in some
500 clubs in the northeastern
states, was recently Incorporated so
rs to permit OF lis expansion into
all sections Of the country. It Is the
purpose OF the system. by working
through existing agencies dealing
with city boys and girls. 10 inter-
est these young people in productive
enterprises in industrial, CONNER
cial and homema king lines. so that
they may grow into good citizens
and more skillful and industrious
mon and women.
Mr.. johnson comes to the Junior
Achievement organizGt ton direct
from the J. c. Penney Gwinn In
stitute OF Applied Agriculture at
Green Cove Springs, Florida, which
institution he organized and served
as president, His past experience as
organizer includes the planning and
setting up Of three other agricul-
tural institutions. two in Wiscon
sin, his native state. and the other
the New York State Institute Of APP
piled Agriculture at Farmingdale
l.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
Road Conditions
In Connecticut

Road conditions and detours in
the state Of Connecticut made neces-
sary by highway construction and
repairs. announced by the state high
way department as OF March 30,h.
are as follows:
Route No. East Lyme on the
Post road. bridge at Golden Spur is
being constructed. Temporary bridge
is In use.
Westbrook- Patchogue river bridge,
work on approach span. No delay
70 traffic.
Westport- Buckley bridge
10 under construction. No delay to
traffic.
Fairfeld-Mill river bridge under
construction. No delay 10 traffic.
Route No. - Berlin, Beckley
crossing is under construction. Work
stopped for the winter. No delay 10
traffic.
Route No. ; Ridgeheld-Main
street and Danbury road. Concrete
completed. Shoulders uncompleted.
No detours necessary.
Route No. S-Thomaston. ap-
proaches to Reynolds bridge are IN
der construction.
Route No. 10-Middletown- HAD l.
dam. grading is under way One
way traffic for one-auarter of a mile.
Route No. l2-NorHich-NeW Lon
don road in towns OF Waterford and
Montville under construction. open
70 ira fffc ThroIirh IRA ffi,> will avoid
this work by using the Norwich
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
BEACH LOSES OUT
IN Income SUIT
Bank Continues to Remain His
ConserYatOr

New York, April l.-tr-A hus-
band who took his wife to see his
baby daughter by another woman.
yesterday lost the right to have the
income from his fathers estate
paid to him. when Supreme Court
Justice Curtis A. Peters handed
down a decision against Stanley
Yale Beach. middle-aged aero
nautical inventor.
The testimony as to the visit was
given In court when Mrs. Helen b.
Bsach took the witness stand and
said that she had accompanied her
husband to New York apartment
and after showing to her his illegi-
innate daughter he had introduced
her to the child's mother, Mrs. c..
Watson. The visit was eighteen
years ago. she said.
Are you interested In the child's
Whereabouts and welfare?' Mrs.
Beach was asked by counsel
Z am not" she answered tartly.
The inventor. who is a son of
Frederick Beach. founder OF the
Scientific American" magazine, is
70 receive his income. under the
court ruling. through a Bridgeport,
Conn. bank, which was recently
named as conservator.
Justice Peters ruled that Beach
was not resident OF New York
city. the laws OF New York not
recognizing ANY such residence as
he established in Twenty seventh
street. because he established this
residence for illegal and illegitimate
purposes"
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
INDICTED FOR CONSPIRACY

equator there 10 less thaa the law
would allow In other countriAA
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
OF C0OL|E
GOES UNCHANGED
Nses Same Old Songs Of Cen.
turies Ago

Shanghai. April l dP--War has
warped the land and great things
have come upon China but the
coolie. when he is not impressed into
one army or another, often TO be
shot as he piods under his heavy
load, goes on today as he did when
the Manchus ruled this vast domain.
For him life has only one mean
ing-it is labor. So he chants as
he trudges along to chase away the
devils Of fatigue.
The coolie is the one thing In
China that has remained unchanged.
Politics has caught the fancy OF
students and professional classes,
and, TO some extent, that of the
business man, The older and more
conservative Chinese accept the new
order with the best grace they can.
Most OF the reluctant believe il is
useless TO hold out longer and are
Europoanlzing OF Amerlcanizins
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01

themselves. But the coolio goes on
as he has since the years were
young. eating his rice and ash. when
he can afford fish. and sleeping pre-.
sumably a dreamless sleep under
some makeshlt shelter.
The newcomer is suspicious OF this
chanting at first, but he soon learns
II is not theatrical nor an indica-
ton OF joyous heart but is the out
ward manifestation OF an age-old
belief that in this way the spirits
that tire the body can be driven out
The coolis wears the garb OF CEN
turtles ago, the butter bowl hat,
cheap wooden shoes or slippers If
anything on his feet and around his
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
$50 Persons Arrested
Pending Investigation

Providence r. l.. April Up
More than $50 passengers on the
Fahre line steamers Patria and
Roma We're detained here yesterday
by Mrs. Anna G.. NJ Tillinghaste, i'm
migration commissioner for the New
England district, for Investigation
of their passports.
Their detention followed the rev
citation that seventeen Greeks from
smyrna entered this country
through this city from the Fabre
liner Asia. February 81 by using
SiN-month return permits granted by
the government to other aliens.
The seventeen immigrants are said
to be scattered through eastern
Massachusetts,. They are liable to
maximum penalties O. $4,000 fine
and i've years in Jail.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
SLAYER Is RELEASED

Boston, April / (P) - Herbert
Wright OF New York, trap-drum-
mer, who killed the orchestra
leader, James Beese Europe, here
in 1919 after performance at Me-
chanics' hail. was released on pa
role yesterday. He had served al
most eight years OF a ten TO 10
year sentence for manslaus to
which he pleaded guilty. The trou-
BILE was said 20 have risen between
the two men over Wright's work.
Europe died of stab wounds.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01

Groten road on the east side Of the
Thames river.
Route No. l7-Nortolk, Norfolk
w. Norfolk road is under construc-
ton. No detours.
Route No. 10l-1n Chaplin the
bridge at South Chaplin is being con-
structed. No detours.
Route No. l0S-ln Sterling. bridge
is being reconstructed. Open to
traffic.
Route No. 10 Windsor and
Windsor Locks. Hartford Springfield
road is under construction. Work
stopped for the winter. Road is
passable.
Route No. 111-Marlboro-H Hebron.
six miles under construction. Road
open but practically impossible. De-
tour one mile at Marlboro end.
Route No. 112-New Haven-M,d-
! dletown road is under construction.
No delay to traffic.
Route No. l21-Salisbury, Lake
Vile, Millerton road is under con-
struction. Road open for travel,
Route No. 122-Bridgcport- New
town Road. Steam shovel grading
under way. No detours necessary.
Route No, 125-Roxbury. Depot
Bridge. Work in the new bridge
foundation under way No detours
necessary.
Route No. 1e6-N -panhury
| els
location. Shoulders uncompIeted.
No detours necessary.
Route No. 13S-Hartland, East
Hartland Mountain road is under
construction. Present road is open
for travel. Work suspended for the
winter.
Route No. lSi--Carana, South
Canaan-Lime Rock road Is under
construction. Road open for travel.
Work suspended for the winter.
Route No. l4l-Scotland Canter-
bury road is under construction.
Open FOR traffic.
! Route No. 142-W oodstock- Mass.
line, road is under construction.
Open TO traffic.
Route No. 144-Bridga over
Quinebaug river at Wauregan is I'M
der construction. Open to traffic.
Route No. 15S-Newtown- Bethel
road. Macadam construction COM
pletsd. Shoulders uncomp,eted. No
detours necessary.
Route No. 176--Westport- Wilton
road Is under construction. No de-
lay to traffic.
Route No. 179--ln Preston the
Hallville road is open 10 traffic
Shoulders are not complete.
Route No. S23-Waterbury.
Cheshire road is under construction
No delay to traffic.
No Route Numbers
Bolton. Bolton Center road is IN.
der construction. Open to traffic.
Burlington station Burlington
Center road Is under construction
Open 10 travel.
Easttord. Eastford- kenvonvillt
road is under construction. Open tC
traffic
Pennington, Scott swamp road f
j under construction. Pennington enc
Of the road is closed. Detour posted
HarWinton Burlington road !!
under construction. Work suspend
ed for the winter.
Newington, Newinston-New Brit
ain road is under construction
Work stopped for the winter. Eoae
is open TO traffic.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01

Plymouth. Bull Head road. bridge
is under construction. Short detour
around bridges.
Vernon and Iolland Holland
turnpike is under construction.
Road closed in Tolland.
Woodstock, West Woodstock
South Woodstock road is under con-
struction. Open to traffic,
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01

New York, April l Up - samuel
Rubel. who came from Riga. Rus.
sia in 1905 a penniless Immigrant
and now heads a s30,000.00o coal
and ice corporation bearing his
name. yesterday was indicted by 4
spiracy to drive his competitors out
OF business.
Henry Sanger and Benjamin
Stasloff. associated with Rubel in
his ice and coal business, were In
dic.ed with him.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
DIES AFTER SCHOOL HAZING

Mexico, Mo. April l.---tPl-James
Clap Parks, 7-year-ol schoolboy,
died at a hospital here last night OF
blood poisoning caused when he was
injured a month ago when he was
hazed by another student at the
Sanes school, fourteen miles north
west OF Centralia. Ligaments we're
torn in the boys arms and legs and
blood vessel burst a a result Of
the hazing. physicians discovered.
Five operations We're performed IN
an effort 20 save his lie.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-04-01
sen. NORRIS TO RETIRE

Washington, April ! Ex-senator
Norris, republican, Nebraska. an
nonnced today that he planned to
retire from the senate at the ex-
piration OF his present term.
Smyrna times., 1927-03-30
WHOLE NO. 1888
SMYRNA 10Th CENTURY Club

Meeting Friday in Charge of Chair
man of Music-Friday is Junior Day
The Twentieth Century Club held
its meeting Friday afternoon, March
25th, with Mrs. F. F. Evans, chairman
of Music, in charge of the program.
1t was a splendid program, too, re-
qulring much time and thought. Be
ing Beethoven Day." pictures Of the
great composer We're placed in the
Club House. Miss Rena Williams
read "Beethoven's Appearance; His
Ancestry and Early Training. was
read by Mrs. L. l. Handy; 'Santa
Pathetique," "a beautiful piano solo
was played by Mrs Henry C. Webb;
Beethoven's Period Mrs. s. J. Reyn-
olds; Beethoven, the Master Sympn-
onist," Miss Laura Bell; Mrs. Thomas
Coverdale who is always willing TO do
her share toward entertaining, ie-
lighted the members by playing "Min-
uet in G" and Fair Elsie Beth
ovens Friends" was another interest
ing article read by Miss Rena VII
liams. Farewell to the Pianforre-
Beethoven's last composition, was
played by Mrs. Thomas CoverdaIe.
"Beethoven-1OO years after" read
from the Yale Review by Mrs.Henry
c. Webb" Beethoven's Centennial
inaugurated at Milan" Mrs F. F.
Evans. Friday next, April 1st. IS
Junior Day" It is the custom, each
year, to invite the children of club
members to be present an afternoon
at the Club So, this Friday. you are
invited, Juniors. You will be enter
tained with games and eats and stor-
les galore. Not telling all, but there
will be something more. Club Lunch
con will be given on Friday, April %.
Smyrna times., 1927-03-30
REV. DR.. STEPHENSON RETURNS
To SMYRNA FOR ANOTHER YEAR
SESSION OF WILMINGTON NJ. E.
CONFERENCE AT SALISBURY
Rev. d. ]. Givan Sent Back to Clayton
and Rev. HI. E. Reed to CheswOld-
KentOn Gets New Pastor


The annual session of Wilmington
NJ. E. Conference which has been held
with much interest at Salisbury, Nd,
the past week, came to close Mon
day and as usual much interest was
attached to the reading of pastoral
appointments by Bishop Francis J.
Mcconnell the presiding bishop. In
the seventy or more changes made,
this vicinity was affected very little
Townsend gets new pastor in Rev.
R. S. Hodgson succeeding Rev. o. H.
Connolly who goes to Epworth, Will
mington. Kenton gets a new pastor,
Rev. J. H. Geohegan, succeeding Rev.
J. E. Parker who goes to FELTON,.
Odessa and Friendship, Millington,
and Dover, all get their pastors back.
Rev. Vaughn S. Collins, former pastor
of Asbury ME. Church, Smyrna, who
has been at Cape Charles, Va, is NOV
ed up to Delaware City. Rev. R. P.
Nichols, another former pastor, goes
back to Easton, Nd Rev. George P.
Jones who has been residing in Smyr-
ma, takes a detached appointment,
having been assigned treasurer of the
Conference Board Of Stewards and
collector Of the Conference Claimants
Endowment Funds. He will make his
home at Mistic, Conn, coming to this
conference district as the occasion de-
mands. He gets no salary but is paid
the expenses he is put to when he
comes down on business for the con
ference. He and his family will move
from Smyrna to Mistic, Conn.,, as soon
as he gets his home there in shape.
The Bishops appointments in full are
as follows:
Smyrna times., 1927-03-30
WANT RITCHIE FOR PRESIDENT
Sons of Maryland Start Boom At An
nual Banquet Held in Wilmington

"Ritchie for President" was the cry
of 200 prominent sons of Maryland.
now residents of Delaware, Thursday
night at the thirteenth annual dinner
of the Maryland Society of Delaware
in the dupont Hotel when toastmaster
Judge Daniel o. Hastings, Republican
declared ''if New York and Wayne B.
Wheeler do not object, at our next
years banquet we will have a presi-
Dental visitor and not a gubernatorial
guest" Henry Breckenridge, of Ken
lucky, first Assistant Secretary of
War under President Wilson was the
guest of honor and chief speaker.
Governor Ritchie and Senator Millard
Tydings had accepted invitations but
were unable to attend Seated at the
speakers table were Lammot Dupont.
Walter S. Carpenter, Jr., Judge ]. P.
Laffey, Eben Frazer, President of the
Society, G. w. K. Forrest, Mayor of
Wilmington, George Elliot, Judge
Hastings, Richard Reese, and George
Hill, Prohibition Administrator for
Delaware.