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The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-05-07
Decisions of
Supreme Court

The State Of North Dakota.
Plaintiff and Respondent,
w.
F.. c. Rother,
Defendant and Appellant.
This case is governed by the de-
cision rendered in State VS.. Roth
er, ante.
(Syllabus by the Court
Appeal from the district court of
Rolette County, Love- J. The de-
PENDANT was convicted Of the crime
Of embezzlement, and appeals from
the judgment of conviction and
from an order denying new trial.
REVERSED.
Per Curtain Opinion.
Burr, J., being disqualified, did
not participate: Hon. F. T. Lembke,
Judge of the Sixth Judicial District,
sitting in his stead. Kehoe & Yer
ret, Cando, N. OAK, F. T. Cuth-
bertm and ]. C. Adamson, Devils
Lake, N. OAK, Attorneys for APP
pellant.
George F. Shafer. Attorney Gen.
eral, Bismarck, N. OAK, l.. L. But
terwick, Assistant Attorney Cener-
al, Minnewaukan, N. OAK, and Chas.
H. Houska, States Attorney, Cardo,
N. OAK, Attorneys for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-05-07
Personal and
Social News of
Mandan Vicinity

Miss Helen Conrad Of Glendive,
Mont, is the house guest Of Mr.. and
Mrs. George Brown.
Among the social events for the
week will be Z bridge luncheon
at the home Of Mrs. ]. Porter. Mrs.
Thomas Contoy is entertaining TO-
day. Mrs. G. Spielman and Mrs.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-05-07

the jury certain items of expense
which p claimed had been incurred
by him in the production and mar.
keting Of the crop, which items un-
der the terms of the contract
should have been paid by B; and
that, consequently a new trial must
be ordered unless the plaintiff (B)
consents to a reduction of the judy
ment in an amount equal to such
items.
(Syllabus by the court)
Appeal from the district court of
Grant County, Berry, J.
Defendant appeals from a iudp-
ment and from an order denying its
motion for judgment notwithstand-
ing the verdict for . new trial.
REMANDED.
son, j.
w. H. Stutsman. Mandan, N. OAK.
Morrison & Skaug, Mobridre.
S. Dak., Attorneys for Appellant.
Jacobsen & Murray, Mott.
N. Dak., Attorneys for Respondent.
The State of North Dakota.
Plaintiff and Respondent,
NJ. N. Gergen.
Defendant and Appellant.
In a criminal action for embezzle-
ment the evidence is examined and
held to be insufficient to sustain q
verdict Of guilty.
(Syllabus by the court)
Appeal from judgment and order
denying motion for . new trial.
Lowe, Judge.
Defendant was convicted by the
crime of embezzlement in District
Court Of Towner County, and ap-
peals.
Opinion of the court by Lembke,
District Judge.
Burr, J., being disqualified, did
not participate.
Hon. F. T. Lembke. Judge Of the
Sixth Judicial District, sitting in
his stead.
Reversed and Dismissed.
Kehoe & Verret, Cando, N. OAK,
Attorneys for Appellant.
George F.. Shafer, Attorney Gen.
eral, Bismarck, N. OAK, L. L. But
terwick, Assistant Attorney. Gener-
ii, Minnewaukan, N. OAK, and Chas. |
H. Houska, States Attorney, Cando,
N. Oak, Attorneys for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-05-07
E. w. Ocster,
Plaintiff and Respondent,
Great Northern Railway
Company, q corporation,

OIc0t NOItucIu N8lIW8y
Company, q corporation,
Defendant and Appellant.
In an action to recover damages
for personal injuries alleged to have
been sustained by an employee of a
railroad company while operating a
device used to hoist loaded cars of
coal, it is held for reasons stated in
the opinion:
~ That the defendant is in no
position to say that the action
should be dismissed because the
plaintiff was not engaged in inter-
state commerce.
(2) That the question of de-
PENDANTS negligence was one Of fact
for the jury.
(3) That the question Of assump-
ton Of risk was one Of fact.
(Syllabus by the court)
From . judgment Of the district
court Of Williams County, Lowe, j.,
Defendant Appeals.
AFFIRMED.
Opinion Of the court by Christian
son, j.
Murphy + Toner, Grand Forks,
N. Oak, Attorneys for Appellant.
u. L. Burdick, Fargo, N. Oak, E.
R. Sinkler, Minot, N. OAK, At
torneys for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-05-07

for Appellant.
F. E. McCurdy, States Attorney
OF Bismarck, Attorney for Respond
ent. '3
George r. Fox. Jr.,
Plaintiff and Respondent,
Thomas H. Fox, as Admin.
lstrator Of the Estate of
George X. Fox, ST., deceased,
ct al,
Defendants.
Edith Schell, Grace Reed and
Myrtle Hanna,
Defendants and Appellants.
Thomas H. Fox, individually
and as Administrator and
Grover Fox,
Defendants and Respondents.
l. Where a contract for the pur.
chase of real estate is taken by one
in his own name under an agree.
ment with three others to the effect
that the title should be 80 taken
and that each of he four should
have an undivided one-fourth inter.
est in the land and each should nav
onc-fourth of the purchase prices.
taxes. ETC., such land is held in trust
for all where each person has paid
his share and the terms of such
trust may be proved by parol testi-
mony.
2. Where an action is brought
against the administrator of the
estate Of deceased person and
other defendants, co-defendant
when called as witness by the plain.
tiff may testify as to statements
made by the decedent in a transac-
ton between the plaintiff and such
decedent.
3. Subdivision of Section 1871
of the Code does not disqualify such
co-defendant from tcstifying as to a
conversation in her presence between
the decedent and the plaintiff, and
other co-defendants interested in a
transaction between the plaintiff
and the decedent, when she took no
part in said conversation.
(Syllabus by the court)
Appeal from judgment Of the
District Court of Rolette County,
North Dakota, Hon. c. w. BUTTE,
Judge.
AFFIRMED.
Opinion Of the court by Burr, J..
Adamson & Wheat, Devils Lake,
North Dakota, Attorneys for Ap-
pellants.
Kehoe & Verret, Cando, North
Dakota, and John A.. Stormon,
Rolla, North Dakota, Attorneys for
ResnOndents.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-05-07

against the county, under Section
1910 OF the Compiled Laws Of 1919
(Syllabus by the court)
appeal from the district court Of
burleigh County, Hon. Fred Jan
sonius, Judge.
AFFIRMED.
Opinion OF the court by Birdzell.
e: F: kelsch, States Attorney. and
NJ. \. Higgins, Assistant States At
torney. both Of Mandan, Attorneys
F: =. McCurdy, States Attorney
OF Bismarck, Attorney for Respond.
ent. 1
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-05-07

A.ssaesr!, tub. new
ct s8Prevsd c!ashion
ri ,f!iS!fg. compact
eQ9aEruet ion. ester,
g 3ef, cleaner wash-
|, are some Of the
8 ~ Of this new
000el co. washer.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-05-07

l hard spring, fancy
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
FINAL HOMAGE
IS PAID HARRY
BROOKS TODAY
Ceremonies Held Simultane
ously at Melbourne, Fla,
and His Home Town

Melbourne, Fla, March 2.@R-
Melbourne's citizens united today
to pay Harry Brooks final homage.
The ceremonies, following 4 long
and fruitless search for his body
after the wreckage of his tinv mono
plane had been brought ashore, were
planned in harmony with the wishes
Of his family in Birmingham. Mich.
on the outskirts Of Detroit. There
other last rites were timed to COIN
eide with those on the beach here.
All places of business will b
closed from the hours Of 10 to 12 in
the morning, while the cers monies
60 on, and will display half-masted
flags. School children. boy scouts.
civic clubs, fraternal organizations.
labor groups and all churches were
joined in the pans to honor the
young chief test pilot Of tho Ford
Motor company.
Seaplanes, which have coursed for
days above the beach and off shore
in search Of the pilots body. were
included in the rites, to strew flow
ers on the water At the spot where
the Brooks plane was seen to dive.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
Woman Throws Her
Son Down Sewer For
Spilling Her Liquor

Lille, France, March 2.-(AP) =
To rum was attributed today the
horrible act Of q mother at the viii
lage Of Cauchy-Latour.
Because he upset . bottle Of liquor
she was about to drink in company
with her mother.in-law, . miners
wife named Dhallande seized her 2.
year old son, Abel, carried him to
the yard and threw him down the
sewer.
When the child was missed later,
she said composedly. "Dont waste
time looking. He ID In the sewer"
The body was found there. The
woman Was arrested and police said
shc readily admitted the crime, ex-
planning that she had drunk too
much and failed to realise what she
was doing.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
WANTS
TO RETIRE TO
PRIVATE LIFE
Tired and Travel.worn Flyer
Flies From Boston to New
York Today

Boston, March 2.-R3-A tired
appearing and obviously travelworn
Colonel Charles A. Lindbergh rest
ed in this city in seclusion today.
His last public engagement il over
and he has no plar for the future
to announce except . desire to re-
tire to private life. !.
In his own words, he wound up
his public career last night when
he saw his mother, Mrs. Evangeline
Lodge Lindbsrgh, Detroit school
teacher, honored by thousands Of
her associates who made her . life
member Of the National Education
association.
To the Thousands Of cheering ad-
mirers who sought to obtain recog-
milton, Colonel Lindbergh returned
not a single salute and steadfastly
declined to pose for photographers.
Presentation to Mrs. Lindbergh
Of the gold key, symbolic Of the
highest gift within its power, was
the highlight Of the closing session
Of the convention. Shortly before,
Lindbergh himself addressed the
convention with = plea for inclusion
in the school curriculum Of at least
an elementary study Of seronautics.
Az the crowd was leaving the
hall Miss Charlotte Wells, q, Of
Cambridge, either fell or wss
pushed by the crowd under the
wheels a. the automobile % Rear
Admiral Philip A. Andrews "a
which Lsndbergh was riding.
A rear wheel Of TIE nachsne
rassed over cnc oe the rir!'s fest. A
noliccr,an mr. red on Tire runainC
(Con.inurj on rage two,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
JURY DECIDES
DOCTOR SHOULD
PAY WITH LIFE
Death Penalty Recommended
For Man Convicted Of lille.
gal Operation

Chicago, March 2.-tP)-The
judgment Of eleven married men and
a widower started DR.. Amante
Rongctti on the way to the electric
chair today orathe murder Of a
le-year-oids girl by an illegal opera.
tion.
The penalty, said to be the most
severe ever recommended for =
criminal operation, was reported last
night after the jury had deliberated
three hours.
DR.. Rongetti, his trial one Of Bit
ter strife and marked by charges
Of intimidation of states witnesses,
appeared dazed when the verdict Of
guilty and the recommendation Of
death by electrocution were read.
Rongetti's lawyer Immediately
asked for new trial and Judge
Comerford set Saturday for argu-
ment.
Rongetti was charged with the
murder Of Miss Loretta Enders, a
girl Of 10 years, who was brought
the the hospital in a state Of ap-
preaching motherhood.
Rongctti claimed that the states
case against him was a conspiracy
and that the young woman did not
come to his hospital until after she
had undergone the operation 'elsc-
where.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
Highway Officials of Northwest
States and Provinces Gather Here
Conference Called by North
Dakota Highway Commits
sion Opens This Afternoon
delegates Will Meet in
Groups to Consider Various
Lines of Work

Twenty-six officials Of the high
way departments of Minnesota,
South Dakota and Montana, the
provinces of Manitoba and Saskat-
chewan and the federal bureau of
public roads were here today for the
opening this afternoon Of the con-
ference of highway officials called
by the North Dakota highway COM
mission.
Sectional meetings will open at
o'clock with the administrative Off
GERS construction, maintenance and
bridge engineers and surveying and
accounting groups scheduled to con-
slider problems Of particular inter-
est in these fields Of highway work.
Those here from Minnesota are
Commissioner C. NJ. Babcock, Chief
Engineer ]. T. Ellison, Construction
Engineer O. L. Kipp, Bridge En-.
gineer NJ. ]. Hoffman and Mainten-
ance Engineer NJ. ]. Rosenwald.
The South Dakota delegation con.
sists Of Commissioner C. T. Bates,
Highway Engineer J. Maughs Brown
and his assistant, Thor Solegald; /;
Bridge Engineer ]. H. Hamilton and
District Engineer William Emerson.
Montana sent State Highway En-
gineer r. D. RAIDER and Construc-
tion Engineer p. G. Poore.
From Saskatchewan came Chief
Field Engineer H. r. Mackenzie,
Chief Bridge Engineer A. p. Lin
ton and Superintendent Of High
ways C. F. Mcclellan.
The Manitoba delegations con-
sists of Chief Engineer NJ. O.
Lyons, Maintenance Engineer w.
Youngman, Bridge Engineer f. w.
NJ. James and Major Eli Hodges,
secretary Of the good roads board.
Officials from the federal bureau
Of public roads were: A. l. Os-
trandcr and w. r. Linton. St. Paul; !;
L. ]. Charles and r. c. Livingston,
Pierre, S. D.; s. RI Sharts, H. j.
Taylor and H. G. Deall, Bismarck.
All executive officers and dis
trict engineers Of the North Dakota
highway department also were in
attendance. The meeting will close
Saturday afternoon, according to
present schedule.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
FINAL EFFORT
BEING MADE TO
AVERT STRIKE
A:tive Preparations Under
Way For Walkout TO Start
Monday, However

New York, March 2.-(R-Active
preparations for a great transit
strike, probably not before onday
were being made today. b It New
York's riding millions today saw q
ray Of hope.
A conference was arranged for TO-
day between Mayor Wake and Will
liam D. Mahon and William B. Fitz-
patrick, president nd vice presi-
dent, respectively, Of the Amalga-
mated Association of Street and
Electric Railway Workers. This
seemed to be final effort to pre-
vent walkout Of tho union men,
bers on the Interborough Rapid
Transit company's subway and elc-
waited lines.
The differences between the /. r.
7. and the union grow out Of the dis.
charge Of several union members
from the company's ei plox
Over 700 men, recruited in New
York and brought in from Washing
ton, D. c., and other cities were
quartered today in company car
barns, being trained to take the
place, if necessary, of the Amalga-
mated men.
It was generally believed . strike
would not be called before Monday
at the earliest, as it was pointed out
in union circles that the members
must first vote the strike and then
several hours would probably be
given before the strike order would
be put into effect.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
RESERVE ARMY
OFFICERS MEET
Arrangements Are Made tC
Hold Regular Sessions
Twice Each Month

Members Of the Missouri Slope Re.
serve Officers association were
guests of Company NJ at Fort Lin
coin last night at the first Of series
Of meetings which will be held reg.
ularly in the future. The organiza.
tion is made up Of reserve military
officers in Bismarck and Mandar
and surrounding territory.
L. v. Miller presided 1t the bust
ness session which followed . lee.
ture by Capt. George Bloomquist Of
Fort Lincoln on "Organization Of ~
Infantry Division" After the bust
ness meeting and program, members
Of Company NJ served refreshments
DR.. w. E. Cole told Of the work
being done by similar organization
in Fargo, and plans were made fol
the continuation Of the programs
here. It was decided to hold meet.
ings twice monthly, on the first and
third Wednesdays. Each meeting
will be preceded by dinner, aftel
which instructional programs will b
given. The place Of meetings will
be announced later.
At the next meeting, which will b
Wednesday evening, March 81, Capt
Robert C.. Wright Of Fort Lincoln
will give . talk on "The Functions
of Division General Staff" At thu
first meeting in April Capt. Fred
.rick w. Rase Of Fort Lincoln will
talk on "Map Reading" and at 4
later meeting Capt. Willis A. Platt.
of Fort Lincoln will give a lecture
on military Law" dealing especial
~ with the newly published manua
for courts martial, which becomes
effective April 1.
Attention of the members wa,
called to the fact that reserve off
GERS who desire promotions or wish
70 retain their commissions on ar
sctive status must complete course
Of instructional work, and credit will
be given for attendance at the meet
sngs OF the association.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
BODIES OF TWO
YOUTHS FOUND
IN SHIP CANAL
Both Bound With Heavy Wire
NO One Has Been Able
10 Identify Them

Indiana Harbor, Ind, March .
H)--Bound tightly by heavy wire
and fished from the muddy Indiana
harborr ship canal within eight days
OF each other, the bodies of two well
dressed boys ley unclaimed in a
movgue today as the police puzzled
over the manner Of their deaths.
The first body was found Febru-
ary 22. While police were il.yesti-
eating Identification clues in Illi-
nois and Indiana last night, bridge
tender discovered the second BODY
floating down the canal, about a
mile from where the list was located.
An autopsy revealed that the second
boy had been beaten and strangled
and then thrown into tho canal.
Drowning was given as the cause Of
death in the February case.
Convinced the two had been slain.
the police suggested two possible
motives. One was that the .,oys
were attacked by q moron, bound
and tossed into he water. The other
was that the parents or guardians.
firing of the responsibilities Of par
cnthood or desiring to gain an in
heritance, tossed the boys into the
muddy waters. No report of miss
ing children have been made in this
vicinity. Scores Of persons viewed
the body OF the first boy found but
none indentifield him.
To satisfy themselves that no
other bodies are in tie canal, the
police planned to drag it for more
than mile today.
Because the two bodies bore strik-
ing resemblances to each other and
were dressed alike, police and county
coroner believe them to be brothers.
The Indiana harbor ship canal u
SO feet wide. It Is used for orc
beats supplying materia. to t'le
south CHICAGO end .orthcrn Inc agl4.
! ;nds,,tr;a! district.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
WOMAN CLAIMS
HER DECEPTION
WAS JUSTIFIED
Admits Husbands Assertion
That Child, Supposed to Be
Hers, Was Adopted

Detroit, Mich, March 2.-(R-
Declaring "a woman is entitled ia
do anything necessary to save her
home," Mrs. Myron L. Boyer ad-
mitted today that she had deceived
her husband respecting the birth o1
Z son and heir.
The husband, a son Of Joseph
Boyer, chairman of the board Of d.
rectors Of The Burroughs Adding
Machine company, has filed petit
tion in circuit court calling upon
state officials to expunge from the
state archives q record which now
states the boy is his son. The pc.
tition charges, and Mrs. Boyer ad-
mits, that she adopted the child
now four years old, in its infancy
and misled Boyer into believing il
was his own.
Everything Mr.. Boyer charges in
his suit ID true; did adopt . baby
! few hours old and tell Ir. Boyer
Il was our child" Mr.. Boyer said
1T WAS. . desperate measure "a
save our home. thought IN heir,
: child's love, would make NJ. Boy.
er happy and conteuted. It did
for Is month";. Then not even tha
boy could hol him"
u have lost Z home but won I
child and the deeeit has been worth
. thousand times what L cost" she
added. u love this boy more thar
auyshing else In the world"
Until the deception became known
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
SIGNATURES ON
PETITIONS ARE
INSUFFICIENT
Filings For Huston Thompson
of Washington Were Made
Late Last Night
SMITH TO BE UNOPPOSED
Deputy Secretary of State
Makes Ruling After Con.
sulting Attorneys

announcement that he had re-.
Jected the petitions filed late last
nlght Tor Huston Thompson Of
Washington. D. c., as a Democratic
candidate for president, and 4 group
OF dry candidates for delegates to
the Democratic national convention.
was made here today BY Charles
Liessman, deputy secretary Of state.
The petitions were insufficient. he
said q check disclosed. AS 4 result
OF his action Alfred f. Smith. New
n, nork, VIII be unopposcd for the
Liv.orratlc li"l.:p, preference at the presi-
oen.lal primary March 20.
only two Of the petitions filed
nad the required 500 signatures At
!acned to them, Liessman said. and
III tnese TWO cases there were other
dciects sufficient to make them in.
valid. In the case of the petition
Tor J. q. Manning, Bismarck. one Of
the pair with the requisite 400
names, that portion of the pet;tion
which specified that the sirncrs
~essV~A oSS IAoO UCen Stricken
out. 'N"e"
In tho case of H. C. De Puv.
Grafton, the other candidate with
oOO slgners, no dates were given
showing when the petitions had been
signed and no addresses were given
Tor some Of the signers. In sddi.
tion there were other technical de-
iects. any one Of which would have
been sufficient to warrant him in
rejecting the petitions, Licssman
said. His decision to reject then,
followed conference with attor-
partment.
The Dry Democratic ticket was
headed by Huston THOMPSON of
washington, D. c.. as a Candidate
Tor the presidency. It was said
here that Thompson is q former
member Of tho federal trade com
mission. Circulation of his petitions
was directed by George Wallace Of
minneapolis, former North Dako-
ia state tax commissioner. They
were filed with the deputy secrc-
Continued on page twol
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-02
FOUR DAKOTA
FARM WOMEN
ARE HON0RED
Many Distinguished Guests al
Banquet Given For Master
Farm HOmemakers

Fargo. N. D., March 2-fP>-Four
North Dakota farm women were
designated master farm homemak.
ers here last night at the first
ceremony Of the kind ever held in
North Dakota.
The women who received tho
designation are Mrs. G. +. Erickson
Of Crosby. Mrs. +. w. Bellamy Of
Drayton, Mrs. l.. J. kelsh of Full.
erton and Mrs. w. H. Buhr of Buf.
falo.
Gathered to do them honor were
many distinguished guests. includ.
ing men who shape the policies and
guide the destinies of great trans.
portation systems, leading financial
and business organizations, out
standing publications, high educa.
tional institutions, and men who
represent the state and civic or.
CARNATIONS,
The Farmers Wife. a farm publ.
cation, was official host at the
recognition banquet last night al
the Fargo Chamber Of Commerce.
Among the speakers were J. A.
Kitchen. commissioner Of agricul'
ture IN North Dakota; DR.. John Lee
Coulter, president Of the North Da.
kota Agricultural College, and
Ralph Budd, president Of the Great
Northern railroad.
Home making was placed on
par with tilling the soil in import
ance to North Dakota agriculture
when the four women Of the state
were feted at a banquet.
The four were selected by the
Farmers Wife publication in con
junction with the North Dakots
agricultural college. Five Judges
were in charge, activity in the home
itself and in the community as wei
being taken into consideration.
An optimistic picture Of the fu
ture Of North Dakota was painted
BY Mr.. Budd. He said prospect:
for : big influx Of new settlers in
to the state from illinois, Iowa, In
diana and other central states ar
the best they have been since HI
became president Of the Great Nor
thegn.
Home seekers are now coming int
North Da'.ota and other indication.
point to the greatest lard movement
In a number Of years, Mr. RIdt
.a!d.