davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-04-28
SUPREME COURT
From Morton County

From Morton County
State of North Dakota, plaintiff
and respondent.
Leo Jochim, defendant and appel
SYLLABUS:
N) Where a defendant. upon con-
viction for grand larceny. is brought
before the district court for SEN
tence, it is the duty of the court to
determine the punishment within the
limitations fixed by statute.
l2) In passing sentence upon a
defendant who has been convicted Of
grand larceny the district court is
not bound by the statements made
by the defendant upon an examina-
ton before the court after his con-
viction, and it is the duty of the
court to ascertain from all available
sources such information as will en-
able the court to pass sentence just
ly and intelligently.
90 Where, in such case, the
district court imposes imprisonment
in the penitentiary for period OF
three years this court has no power
to review the discretion Of the court
in fixing the term of imprisonment
az Imprisonment in the state
penitentiary for three years, upon
a conviction for grand larceny is not
a cruel and unusual punishment.
Appeal from the district court OF
Morton county, Hon. H. L. Berry,
judge.
Affirmed.
Opinion of the court by Burr, J.
LANCER and Nuchols, Bismarck, N
D., attorneys for defendant and ap-
pellant.
C. F. Kelsch, states attorney of
Mandan. N. D., attorney for plain
tiff and respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-04-28
From Ward County
Herbert Whitson, Plaintiff and


Herbert Whitson, Plaintiff and Re.
spondent,
DR.. II. J. Hills. Defendant and Ap-
pellant.
Syllabus:
Ordinarily, in a malpractice action,
the plaintiff is required to prove by
expert testimony the standard of
skill possessed by physicians and
surgeons in the same general line
of practice as the defendant and
practicing in similar localities, but it
is held, for reasons stated in the
opinion, that the failure to employ
available and well-known means Of
diagnosis, coupled with the failure
to locate known fracture and the
continued treatment for a fracture
at q place where there was no frac-
ture is evidence Of negligence.
Appeal from the district court Of
Ward county. Hon. John c. Lowe,
judge.
Affirmed.
Opinion of the court by Birdzell
chief justice.
l.. ]. Palda. Jr., v. E. Brace, and
Robert w Palda, Minot, N. D., at.
torneys for appellant.
E. R. Sinkler and G. o. Brekke
Minot, N. D, attorneys for respon'
dent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-04-28
TELLS OF ALIBI HE
ARRANGED FOR GRAY

Queens County Court House, New
York, April 28-LR)-Haddon Gray,
Syracuse real estate man, took the
witness stand in the Snyder murder
trial today to tell Of the alibi he
established for his friend, Henry
Judd Gray, on the day Albert Snyder
was killed.
District Attorney Newcombe ques-
toned Haddon Gray.
Ibid you see the defendant Gray
on March 1872"
"Yes."
"What did you talk about?"
MOSTLY business"
Anything about his leaving
= Syracuse?
"He said he was going to Albany
that night and wanted to know if
! would help him out"
Help him out howl"
Imperial Valley press., 1927-11-18
Sues to Recover
His Property

An action was filed at the county
clerk s office this morning by w.
II. Lyons against j. J. and Nellie
. 'Donnell, husband and wife.
According to the complaint an
agreement was made between the
parties wherein the defendants were
to occupy portion Of a dwelling
in consideration for services rem
dered the plaintiff.
The plaintiff holds that these
services were discontinued on Octo-
Der % and that the defendants have
tailed to give up possession of that
PORTION of the house which they are
occupying. He asks that the court
grant restitution Of the property to
i'm and that he also be given judg-
ncnt of treble rent at the rate Of
40 a month for the unlawful de-
.cntiGn by the defendants.
HickcoX and Trude are appearing
as attorney for the plaintiff.
Imperial Valley press., 1927-11-18
Court Imposes
Heavy Penalties
in Traffic Cases

Judge Mayfield meted out Justice
in rather severe manner this morn
ing. In pronouncing sentence upon
Nicolas Javier, who had entered a
Piea Of guilty to chargc of reck-
less driving Wednesday afternoon
he gave the defendant the limit of
the law, imposing a fine Of $3.50
and 80 days in the county jail.
The case was an aggravated ona,
1t was pointed out, Javier having
run into wagon driven by Ernest
Erandt, an aged man. Brandt suf-
fcrcd had head injury and an in
lGry to the spinal column in the ac-
eidcnt and is still under attention
Il the El Centre hospital. 1t is be-
''cvcd that Brandt has chance to
.eeover from the injury but that his
neck will be permanently stiff as
n result.
Jose Romero, arrested by Traffic
OFFICER Flanmcry Of the state squad
IN the Calexico highway last night
ard charged with reckless driving,
was likewise given stiff penalty
by the judge. He pleaded guilty to
the charge and was sentenced to pay
= fine Of 800, spend 10 davs in tlie
county Jail and his drivers license
was revoked for period of 80 days.
Imperial Valley press., 1927-11-18
Advertisement in
Press Praised

" Now monthly magazine
published in the interest of the
West Coast Theaters, Inc, carries
in the current issue, reproduction
of Valley Theater advertisement
on the 1.-TWO Arabian Knights, -
recently printed in the Imperial
Valley Press.
In addition to this, Manager
Herb Norris has received from Jeff
Lazarus, director of advertising and
publicity, a letter congratulating
him on the splendid appearance of
the advertisement.
"The layout, including material
and type chosen, is excellent, -
Imperial Valley press., 1927-11-18
Trying to
Pass Bad Check

James A. Lamb entered q plea of
guilty to a charge Of vagrancy when
arraigncd before Judge Perkins IN
city court this morning.
According to information furnish
cd the court by Patrolman Van Be
zcl, Lamb attempted to pass a
check for $40 on San Diego bank
nj local store late yesterday aft
crnoon. The authorities were mott
fled and upon being questioned,
Lamb finally admitted that he had
40 money. in the bank. He told the
Judge this morning that he had in
tended to pass the check and then
sthd money to the bank to cover it,.
l." admitted being out of work and
said that he had come here but II
!rw days ago. The court imposed n
sentence of 90 days in Jail.
In view of the conviction and
heavy penalty given Lamb this
morning it it not believed that any
further effort to prosecute the case
viii be made.
Imperial Valley press., 1927-11-18
Vaughan Company
To Operate Here

The Vaughan Auto Supply Co.,
Inc, has opened an Imperial Valley
branch at Fourth and Main streets
where full line of Miller, geared-ro-
the-road tires will be carried in
stock.
Acting as direct factory ware
house for the Miller Rubber Com
pany of Akron, Ohio, the Vaughan
Company will be in position to sup
ply the tire needs of motorists with
unusual promptness. The local agen-
cv will be operated as a wholesale
and retail depot.
Imperial Valley press., 1927-11-18
Asks Court To
Annul Marriage

An action seeking annulment of
the marriage of Mildred G. Hutchi-
son to Okey Hutchison was filed at
the county clerk IS office this morn
ing by Mrs. Hutchison.
According to the complaint the
couple was married in Arizona on
July 25, 1925. The plaintiff holds
that at that time she was only l6
wears Of age and that she did not
have the consent of either of her
parents to the union. She asks that
tie marriage bonds be dissolved.
HickcOX and Trude are appearing
rs attorneys for the plaintiff.
The heaviest duty collected at
Spokane, Washington, is on hogs
from Canada.
Imperial Valley press., 1927-11-18

sci was overruled. The charge n
gainst Wong has been brought by
Mrs. G. a. 1'ro:,o, formerly Mrs.
Wong.
Grapefruit Culls for sale at
wholesale prices. Packing House,
Commercial and n. Third. adv
Dance At St. Mary's Hall, Fri
day, Nov. 1S. Good music. adv
We Are Headquarters for shelled
and salted nuts. Call us. A. M. Will
liams. adv
Non Support Case Continued The
case of Bagh Singh, charged with
support, was continued when it
came up before Judge Lorenz in Ca
leXico for preliminary hearing. The
continuation was based upon the
agreement Of the defendant to pay
$40 a month to his wife for the sup
port of herself and minor child.
1t was intimated that if the defend
ant kept the agreement no further
effort to prosecute the case would
be made.
Yoakum Case Dismissed The
case against AlOnzo Yoakum.
charged with f allure to support his
wife, was dismissed by Judge Lor-
enz following a preliminary hearing
held in Calexico before Judge LOr-
enz yesterday afternoon. Complaint
had been entered by the wife, Azora.
The defense, however, proved to the
satisfaction of the court that the
complainant had been amply provid-
ed for by the defendant.
Imperial Valley press., 1927-11-18

Wong Pleads Not Grilty.-Joe
Wong, charged with failure to sup
mort minor child, entered a plea OF
not guilty when arraigned before
Judge Finnev in srperior court this
and his trial was SET f,r
! ecember >. a demurrer to the in
formation entered by defense coun-
Imperial Valley press., 1927-11-18

EcllI W Odii.-JOS bOHL3ieS 90,
Of Yuma entered plea OF guilty to
a charge of malicious mischief when
arraigned before Judge Myers at
Calipatria yesterday afternoon. He
was sentenced to 60 days in the
county Jail and was turned over to
the custody Of Sheriff Gillett last
night.
Paul's Specials. Fresh T,uttered or
Sweet Pop Corn, Orangeade, Lemon
ide and Hires. Pickwick Stages.
lttf
El Centre Plumbers for plumbin
needs. PhoLe 529J. adv
If You Can't rent your houses
call on Mrs. Muntean, 512 Main.
adv
sheriff Brings Prisoners.-Sheriff
e. l.. Gillett returned from Norwalk
last night and brought with him
Carlos NJ. Lanerido, 81, of Los An
gcles and Mex Perez, 1S, of Cali
ratria. The two men were picked up
by Les Angeles police few days
ago when found in possession of ;,n
automobile alleged to have been
s5olen from two Hindus at the Hor-
ton ranch on the San Diego high
way several days ago.
Academy Of Music presents John
Z. Canton, voice teacher and Nina
Canton, coach. Voice placement, die.
ton, coaching in Italian, French and
German, and IN opera and oratorio
roles receive special attention. adv
liams. Phone 653. wed fri.
Barbara Worth Hotel Club
Breakfast, 25c up. Mechants lunch
zoe; Table d hote dinner, $1.00.
adv
Stolen Blanket Roll Recovered.
Frank Bondotti reported to the po-
lice late yesterday afternoon that
some one had stolen a quantity of
had the clothes ir a l'anket pack
and described tho missing articles as
being two pairs of shoes. towels
trousers. n razor and several blan-
fcts. Police began an immediate
investigation and recovered the
clothing but the thief or thieves
made good their escape, dropping
tiIeir booty in ditch.
Oregon Hotel, rates to permanent
guests, s. week up. adv
Dance At St. Mary'si Hall, Fri
day, Nov. 1S. Good music. adv
We Loan 70 Build, bnv or rafin-
ance. Tyler Insurance Agency. adv
Jones Sausage. A. NJ. Williams.
Phone 653. adv
Carberry at Blythe.-Manv FL
Contro residents will be interested
to learn that Raw S. Carbcrrv, foc-
ner engineer and manager of the
Imperial Irrigation District, has ac-
copied the management of the Palo
Verde Irrigation district at Blythe.
His salary has been announced rs
5000 month. For the past two
wears since leaving here, Carberry
has been engaged in making special
reclamation reports for the depart
mcnt of the interior.
Turkeys Wanted. FL Centre Pro-
duce Market at the Rath & Marshall
old stand. See us for prices. adv
Cooked Food Sale by Pythian
Sisters, NJ. o. King Co, Saturday,
1890 a. m. adv
DR.. J. F. Foncannon, Osteop:th.
Room 26, Davis Bldg. Office Phone
81. Res. Phone 199. adv
Encase the Old Bath tub with
Tycrete. l can do it at a reason
able price. Bob Chestnut. adv
Imperial Valley press., 1927-11-18

Let Me Put Tycrete on your
wooden drainboard. Call Bob Ches-
nut, at Valley Lumber Co. adv
Phone 966, Todd Podltry Ranch,
1882 Woodward. Turkeys, fat hens,
fryers, soft bone roosters, dressed
to order. adv
DR.. A. B. Eanson, Dentist, Davis
Bldg. Extraction specialist. adv
The Gertr1de N. Bower School.
Tuition, $12 per school month.
Books furnished. Gertrude N. Bow
,r, b. A., A. NJ, 603 Park Ave.
Phone 1856. adv
Have Your House piped for gas
by Ell Centro Plumbers. Phone 529J.
adr
Bank Stock ncrea-ed.-Notice
was filed at the county clerk s Of
flee this morning through the sec
retary of state approving the in
crease of the capital stock of the
National Bankitaly Company. a cor
poration, from $12,O00,000 to
$20,000,000. The notice shows that
up until the time the increase was
made A. p. Giannini. P. c. Hale
and James J. Fagen owned
1,199,993 of the 100000 shares of
capital stock.
DR.. T. J. Rudy, Eye, Ear, Nose
and Throat Specialist, will be in the
offices of DR.. J. A. Bowman, at 532
Main St., Saturday, Dec. 3. 1927.
Call at office or Phone ia, for ap-
pointment. adv
These Cold Mornings call for
Jones Sausage, Special blend coffee
and Country Cream. A. NJ. Will
liams. adv
Tvyv1o 1Y,rffa~ Hv-T{ Ghon
Imperial Valley press., 1927-11-18
Typewriter. DR.. Fix-It Shop.


Cefsult Hearing Requested. - An
rider To enter default and a request
For . default hearing in the case Of
f. w. Fales against Werner Hofer
we're filed at the comfy clerks of
flee this morning. The request for
hearing asks that the files be pres
ont in superior court newt Fr'dav.
rhe suit is over an alleged indebted
ness of $395.50 on property lease.
s. NJ. Smvser is appearing as attor-
ncy for the plaintiff.
Imperial Valley press., 1927-11-18

Parisienne Beauty Shoppe. 127 n.
Fifth st. Phone 7S3. adv
Imperial Valley press., 1927-11-18

Picture Framing. 639 Main st. =.
adv
Imperial Valley press., 1927-11-18

We Loan 70 Build, buv or rafin-
ance. Tyler Insurance Agency. adv
Imperial Valley press., 1927-11-18
Distinguished for Finer Flavor

For any meal there is nothing SO tempting
and delicious as Cudahy's Puritan Bacon-noth.
ing which adds SO much to the flavor of other
dishes.
The finer flavor for which Puritan Bacon is
distinguished is due to the Special Cudahy
Method of preparing selected young meats.
This method diffuses the meats rich juices
in a natural way, without forcing or hurrying.
Imperial Valley press., 1927-11-18

Jones Sausage. A. NJ. Williams.
Phone 653. adv
Imperial Valley press., 1927-11-18
Stolen Blanket Roll Recovered.

Oregon Hotel, rates to permanent
guests, S. week up. adv
Imperial Valley press., 1927-11-18

Dance At st. Mary's Hall, Fri
day, Nov. 1S. Good music. adv
Imperial Valley press., 1927-11-18

Barbara Worth Hotel Club
Breakfast, 25c up. Mechants lunch
6Oc; Table d hote dinner, $1.00.
adv
Imperial Valley press., 1927-11-18
4 times
as big as
SAN
FRANCISCO
DU Mo- P CITY

Throughout the world I'll productive Dun.
lop properties cover so vast an area that-if
combined into one place-they would form
a"Dunlop City" Of over .OOc acres.
Imperial Valley press., 1927-11-18
NEWS BRIEFS
From City and County

Gent to Jail.-Jose Gonzales, 33,
of Yuma entered a plea OF guilty to
a charge Of malicious mischief when
arraigned before Judge Myers at
Calipatria yesterday afternoon. He
was sentenced to so days in the
county Jail and was turned over to
the custody Of Sheriff Gillett last
night.
Imperial Valley press., 1927-11-18

We Are Headquarters for shelled
and salted nuts. Call us. A. M. Will
liams. adv
Imperial Valley press., 1927-11-18

Dance At St. Mary'sl Hall, Fri
day, Nov. IS. Good music. adv
Imperial Valley press., 1927-11-18

Grapefruit Culls for sale at
wholesale prices. Packing House,
Commercial and n. Third. adv
Imperial Valley press., 1927-11-18

Paul's Specials. Fresh T,uttered or
Sweet Pop Corn, Orangeadc, Lemon
ide and Hires. Pickwick Stages.
1Stf
Imperial Valley press., 1927-11-18

sci was overruled. The charge =
gainst Wong has been brought by
Mrs. G. y. >'ro:,o, formerly Mrs.
Wong.
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1927-12-16
"Atheist Not Norn,al";
Faith Is InstinctiUe

Atheism, pessimism, cynicism are
diseases, abnormalities, discovered
as such by a close examination of
the spiritual nature of man which
reveals that faith is the natural and
normal expression of his nature, DR..
Edgar W. Mullins asserts, in Nc
Calls Magazine.
AS Tolstoi said to Cork, "By ma
ture you are believer, and you
cannot get along without God" The
profoundest instincts of man make
him aware of his dependence upon
a Being greater than himself and
greater than the world around him.
Our right to believe is written in
the nature and need of humanity ;
it is a part of the sanity of life.
The laws of thought, which are not
drawn from the outer world, and
the laws of life, which are not cre-
ated by our thought, unite to con-
firm it. Ages of tragic and heroic
experience attest not only the valid
ity but also the vitality of religious
faith. 1t is the greatest tradition
of humanity, and no man can deny
it or ignore it without thwarting
his own nature.
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1927-12-16
A JOB FOR THE VOTERS

shown, was the result of a republican
caucus, on the program of which the
Anti Saloon League held conspicu-
Gus place.
The leaders of this organization
probably said, as Artemus Ward,
"You scratch my back and I'll scratch
yours" A log-rolling as it were. But
whatever ones attitude is toward the
Anti-Saloon League, or the wet-and-
dry question, he must, if he believes
in honest government, condemn such
surreptitious methods of achievement.
It's good qualities, if any, are more
than counteracted by its effort to cor
rupt our public officials.
Ohio voters should keep this Incl
dent in mind and try to determine the
! caliber of their respective legislators
If they are found in the above group
reception should be prepared fol
them at the next election commensur-
ate with the services rendered.
If nothing more were accomplished
by such effort, it would be warning
that when laws are being made
laws upon which the destinies of the
people depends no time for politics
or personal aggrandizement.
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1927-12-16
By ARTHUR H. PHILLIPS


Defeat of the Infamous Marshall
bill has revived attention to some ap-
palling conditions that exist in con-
nection with our law-making machin-
cry. This concerns the quality of rep
resentation the people are getting
from their legislators elected for that
purpose.
The Marshall bill, however, is used
here merely as an example. The
same, under the same circumstances,
could happen and has happened with
other legislation.
Regardless of whether one was for
or against this particular measure,
the point is that our representatives
are not, by any means, conforming to
the will of the people.
The fact that this question was
brought to referendum and subse-
quent defeat by the people, after its
phenomenal success in the general as
sembly, provides one of those rare
opportunities for us to check up on
the activities of our trusted servants.
The outcome, as will be seen, has
thrown most of its supporters into a
rather ridiculous and humiliating po-
sition-which suggests the next cleo
tion as an excellent housekeeping
time in our state legislature.
When measure passes the house
of representatives by vote of ten
to one-as did this bill to re-establish
the kangaroo court-and is beaten by
the people two to one, we are prompt
ed to seek a reason for such diverg-
ence of opinion. Also, if possible, a
remedy for the reason. So we find
l. An utter lack of interest, on the
part of lawmakers, in the problems
of their constituents.
2. The subordination of public wei
fare to personal advantages.
8. The influence of party expe-
diency as a growing factor in govern
ment.
The first two causes are somewhat
related, but some distinction should be
made as the first applies more aptly
to the chronic office-holder; the fellow
, who is so notable and we'll established
| that he has little fear of defeat, and,
consequently, follows the lines of least
resistance.
The second applies to the aspiring
politician; probably new in the game,
but extremely susceptible to ageing
| He is the fence straddler who doesn't
vote for fear of being scalped at the
next election; plays one side against
the other to avoid the wrath of both,
and hasn't enough courage, though it
were dynamite, to make a bacterium
bat its eye. What a pity, too, that
we tolerate his sort with so much
good material at hand.
Yet it is the third cause which is
most obnoxious and deserves the most
attention. 1t illustrates the impor.
tance of driving out the collusion
conspiracy and "bargain-counter tao
tics that are becoming so serious :
menace to good government.
The brazen attempt TO smuggle the
Marshall bill through to the statute
books, recent developments have
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1927-12-16
Long Sentences

A London paper finds a sentence
of sos words in Lamartine's "His-
tory of the Girondists." Another
London publication finds an 847-
word sentence in Sir Arthur Helps
|Realmah." But for real unstinted
use of words they should consult
the works of DR.. Nicholas Murray
Butler, president of Columbia uni
versity, New York. In his annual
report for 1926, DR.. Butler uses
1,743 words, 125 commas and 80
semi-colons to detail university
events of particular significance" "
Why not home made, union-mads
.sgar? Standard, SC.
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1927-12-16

because of the long work day in the
South, but Maine has the 54-hour
week and yet lowers wages.
1t is predicted that the reductions
will be made in other mills as wages
in practically all textile centers have
moved together since the war.
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1927-12-16
CONGRESS HAS CRATERS

Italian-In Italy here we have
volcanoes that are constantly roar
ing and emitting gas.
Visiting American-Your vol
canoes have nothing on our con-
gressmen, my dear sir!
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1927-12-16
TEXTILE WAGES CUT
IN LONG HOUR STATE

Boston.-Textile mills in Maine
have enforced a 10 per cent wage cut.
Textile employers in Massachusetts
insist that low wages are justified
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1927-12-16
Prejudice dwindles, respect IN
creases before determined front on
the union label issue.

1t costs no more to buy union Label
goods, but it nevertheless swells the
funds of organized labor.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-06-04

Justice may be blind, as some one has
said, but there is no bandage over her
mouth.
In the present case the Judge put IL
up to the public" and received several
hundred letters, which no doubt he
summed up as above. Evidently the
people of Los Angeles are unani-
mously in favor of more than seven
kisses. The number seven" is sup.
posed to have mystic properties, but
the judge probably was no mystic.
Tho plaintiff in this case" he said
succinctly, lis man in his twenties,
possessed of normal inclinations.
Seven kisses a year, he believes, are
not bit normal. The ratio of three
hundred and sixty-f1ve days and seven
kisses Is rather an absurd one, looked
at from a strictly legal standpoint.
Yet the judge admitted that in some
cases seven kisses might be too much.
You never can tell about a kiss,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-06-04

to his comfort or welfare, yet, unless
our petition is granted. this man will
support her in leisure the rest of her
life"
This thought about alimony is the
idea OF the average man, especially
in cases in which the maintenance of
children is not involved. That a man
should be forced, for the rest of his
life, to support another with whom he
cannot "get along" strikes the man
on the street" as the height of in
justice.
Mistakes ought not to be paid for
at such price. the average man feels,
and in private is at no loss to express
himself feelingly upon the matter. AS
in all problems of human relations,
there can be no wholesale judgments
Each one, as in the Chicago case,
must be upon its own merits.
If Judge Hebel rules in favor oil
the husband. however. the decision
perhaps will have more far-reachlnS
consequences than the present case,
and may add weight to laws Oldest
maxim, 1.-The law is just