davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26
Thinks Poison Is Salt,
Sprinkles Apple, Dies

Austin, Tex, Nov. 26.-(R-Ken-
meth NJ. Hall, 18, Texas university
student, was dead today because he
mistook poisonous crystals for salt
and sprinkled them on an apple he
was eating.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26

Fancy Chickens for Thanks
giving, dressed, 24c per lb.
Orders must be in by Monday
evening. Phone l2-F-13.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26
Decisions of
Supreme Court
STATE OF NORTH DAKOTA

STATE OF NORTH DAKOTA
Kaufman Jewelry company,
a foreign corporation,
Plaintiff and Appellant
VS..
r. B. Torgerson, ct al,
Defendants
TIL. Torgerson,
Defendant and Respondent.
l. Where a party to an action
appeals from an order denying
new trial he cannot, in this court,
urge grounds additional to those
presented to the trial court.
2. Where party commencing an
action alleges that he sold goods,
wares and merchandise, to the de-
PENDANT, he cannot, under such plead
ing, show that he did not sell to the
defendant but that the defendant
merely guaranteed the account Of
another.
3. Where the court charged the
jury in harmony with the theory
developed by the pleadings and the
evidence in support thereof there is
no error shown.
(Syllabus by the court.)
Appeal from the County Court of
Increased Jurisdiction of Benson
County, Hon. O. D. Comstock, Judge.
Affirmed.
Opinion Of the court by Burr, ].
Sinness & Duffy, of Devils Lake,
N. D., Attorneys for appellant.
Butterwick & johnson, Of Mime
waukan, and Leeds, N. D., Attorneys
for respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26
R. A. Pfeiffer,
Plaintiff and Respondent

TldlNtlII ana respondent
VS..
North Dakota Work
Compensation Bureau,
Defendant and Appellant.
l. While one, claiming the right
to be compensated by the Work.
mems Compensation Bureau for the
result of an injury received in the
course Of employment by one in
sured, has the burden of proof to
show that the accident caused or
accelerated the effect of the Attic
ton from which he is suffering, and
cannot be permitted to recover upon
a purely speculative basis, neverthe-
less if competent evidence traces a
casual connection between the accel-
Grated condition of the affliction and
the accident, and no other cause of
acceleration is shown, his claim is
not to be rejected simply because the
medical profession can only specu-
late upon the origin Of the affliction
itself. Even though the origin OF
such affliction may not be shown
if the affliction be in existence al
the time of the accident and be &C.
CELEBRATED by the accident the claim.
ant may recover.
2. Where present knowledge re.
garding an affliction is such that j,
is shown s-.4 injury could cause such
affliction, and no other cause is
shown, the claim is not to be re.
jected q speculative simply because
the medical fraternity may be UNI
able to tell or understand how thu
injury causes the affliction, or ex
plain the processes through which il
passes.
(Syllabus by the court.)
Appeal from the District Court D,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26
Too Late to Classify

WORK WANTED-Painting, paper
hanging, and decorating, any kind
Of trucking or any kind Of work.
L. G. Knowles, 100 Thayer Ave.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26
Kills Mother to Stop
Sorrow in Own Suicide

Chicago, Nov. 26.-(AP)-A cor
oner's jury has decided that Roscoe
Henness, farmer, killed his aged
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26
Swede Count Arrives
70 Marry American

New York, Nov. rs. Count
EolIte Bernsdotte, nephew Of King
netaye " d Sweden. arrived today
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26

The National Cash Register Com
pany, q corporation, plaintiff and
appellant, vs.. Midway City Cream
cry Company, = corporation, de-
PENDANT and respondent.
/. On an appeal from . judgment
entered on the verdict Of . jury, the
supreme court will, under section
7043. Supplement to G. L. 1913, re.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26
Irving Hulett, Plaintiff and Re
spondent,

Irving Hulett, Plaintiff and Re-
spondent,
VS..
G. w. Shook, John Merrick, and l.
H. Leer, Board Of Supervisors of
Pretty Rock Township and Pretty
Rock Township, Defendants and
Appellants.
Where Board of Township
Supervisors enter an order laying
out a public highway and awarding
damages to the owner of the land
taken for highway purposes; and
where subsequently the person to
whom damages are awarded and the
supervisors Of the township appear
in the district court to which an APP
peal properly lies from the order of
the Township Supervisors (section
1885 C. L. 1879 and q trial is had
in such court of all the issues in
controversy without objection and
with the express assent and partici-
patton Of all parties, q party who
has participated in such trial cannot,
after the trial has been completed
and the verdict returned, be heard
to say that no valid appeal has been
taken from the determination Of the
Township Supervisors and that
consequently, the district court was
without jurisdiction to hear and de.
termine the controversy.
(Syllabus by the court.)
Appeal from the district court Of
Grant County, Berry, J.
| Affirmed.
Opinion Of the court by Christian
son, J.
jacobson & Murray, Mott, N. D.
Attorneys for Defendants and Ap
pellants.
Sullivan, Hanley & Sullivan, Man
dan, N. Oak, Attorneys for Re
spondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26
A THREE DAYS COUGH IS
YOUR DANGER SIGNAL

Coughs from COLDS may lead to se.
rious trouble. You can stop them
now with Creomulsion, an emulsi6ed
creosote that is pleasant to take.
Creomulsion 10 q medical discovery
with two.fold action; it soothes and
heals the in6amed membranes and in.
hibits germ growth.
OF all known drugs creosote is req
ognized by high medical authorities
as one Of the greatest healing agencies
for coughs from colds and bronchial
irritations. Creomulsion contains, in
addition to creosote, other healing
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26

Dawson Farmers Elevator Company,
corporation, Plaintiff and Re-
spondent,
VS..
Fred Opp, ST., ct al, Defendants.
Fred Opp, ST., and Arthur Chase,
Defendants and APPELLANTS.
1. Evidence that a letter was
properly addressed to the addressee,
stamped and mailed is sufficient
foundation for it's admission in evil
dence, but the presumption that such
letter was received by the addressee
may be rebutted by evidence show
ing that the latter was not, in fact,
received and whether the evidence
is sufficient to rebut the presump-
ton that a letter properly mailed
was received by the addressee, is a
matter for the determination of the
jury.
2. A corporation is charged with
notice of facts which were known at
the time to its agent who had charge
of the transaction in controversy.
(Syllabus by the court.)
Appeal from judgment Of the
District Court Of Kidder County,
Coffey, J.
Opinion of the court by Burke, ].
Reversed and New Trial Grant
ed.
Mr.. P. w. Lanier, Jamestown,
North Dakota, Attorney for Appel
lants.
Messrs. Knauf & Knauf, James
town, North Dakota, Attorneys for
Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26
cred without affecting the original
law as passed in 1919.

cred without affecting the original
law as passed in 1919.
4. Judicial tribunals avoid the
determination of questions as to the
constitutionality of st tutes except
when necessary. In deciding liti-
gated cases the courts will decline
as rule to decide whether a par
ticular provision of statute is un-
constitutional, where they are Of the
opinion that if such provision is in
fact invalid it may be severed from
the remaining provisions of a
statute, the validity of which alone
is necessarily before the court.
5. An amendment which is un-
constitutional and which cannot be
severed from the law attempted to
be amended, does not repeal or af-
feet the original act, even when the
amended act has a repeating clause.
(Syllabus by the court.)
Appeal from the county court of
Ward County, Hon. VIM. Murray,
Judge.
From an order sustaining demur-
rer to the information the state ap-
peals.
Reversed and Remanded.
Opinion of the court by Burke, j.
Geo. F. Shafer, Attorney General,
Bismarck, N. D., H. E. johnson,
States Attorney, and B. A. Dickin.
son, Assistant States Attorney, Mi
not, N. D., and Fowler v. Harper
Grand Forks, N. D., for Appellant
Halvor l.. Halvorson, Minot, N
D., and Lowell & Horner, Fargo, N
D., for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26

elements which soothe and heal tho
in6amed membranes and stop the ir-
ritation, while the creosote goes on to
the stomach, is absorbed into tho
blood. attacks the seat of the trouble
and checks the growth of the germs
Creomulsion is guaranteed satisfac.
tory in the treatment of coughs from
colds, bronchitis and minor forms Of
bronchial irritations, and is excellent
for building up tho system after colds
or FLU. Money refunded if not re.
lieved after taking according to direc-
tions. Ask your druggist. (adv.)
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-11-26

Barnes County, Hon. A. T. Cole,
Judge.
Affirmed.
Opinion of the court by Burr, j.
Richie e. Ployhar and A. F. Grief
fenius, of Valley City, N. D., attor-
neys for plaintiff and respondent.
Mr.. Scott Cameron, Of Bismarck,
N. D., attorney for defendant and
appellant.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
Moore VS.. BrouUr
II, Feature Bout
at Ripple Park

What looks like an interesting
boxing show will mark the second
effort of the Broad Ripple Park A.
c. with the presentation of tonight's
events. Under the direction Of Arol
Anterior, match maker for the
park and who also acts as referee,
a show, including one siX-round go
and three four-round bouts, will be
presented on the big open air stage
in front of the bathing beach
grandstand.
The bill will be topped by Billy
Moore and K. o. Brown. This will
be a six-round affair.
The three four-round bouts will
be put on by Don Sanders, Indian
apolis, and Herb Newkirk Of Law
renee; Noble Clark and Stub Jen-
kins, and AL Miley and Kid Weaver.
The bouts will start at $3.50 o'clock
daylight saving time. Arrangements
have been promised to give radio re-
turns of the Mickey Walker-Ace
Hudkins middleweight title bout at
Chicago.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
Outsider Takes
$1,000 Gold Cup
Euent at Ascot

BIZ United Press
ASCOT HEATH, England, June
21.-Between showers, Reid Walk
er's 6-year-old bay horse Invershin,
won the $17,5GO gold cup race Of
21z miles, with M. E. De st. Alarys
French entry Finglas second by a
length and the American Marshall
Fields Cinq A Sept third, another
three lengths behind.
Ten ran. Betting was 1908
against Invershin, even money on
Finglas, the favorite, and ISL
against Cling A Sept.
Invershin and Finglas shared the
top weight of 1870 pounds. Cling A
Sept carried 1875 pounds.
Because of the rain King George
and Queen Mary proceeded direct to
the royal stand in limousine in
stead of heading, in a semi-state
carriage, the usual brilliant pro-
cession onto the course for the royal
meeting.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
Indians Go Hog Wild Bump Toledo Hens TOice and
Move Within TtUo Points of First Place

With Bob Veach absent, Manager
Stengel inserted himsef in the Hen
lineup. The Toledo pilot was fran
tic as his pitchers folded up before
Tribe bats, and he probably wor-
ried off a few pounds during the
twin bill.
Both Hen starting hurlers, Hunt
Finger and Palermo, were knocked
out of the box in the third inning.
Herman Layne poled two doubles
in the wind-up encounter.
Indians and Hens have met nine
times this season and the Tribe has
won six of the battles.
Kansas City has sold Eddie
Setback, relief twirler, to Atlanta, of
the Southern Association. He was
waived out of the A. A.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
Bill TiIden to Battle Junior Coen
in Semi-Final Match of Tourney
Youthful Davis Cup Star Sweeps Way Through London
Meet; England Interested in Baby

Tilden and Coen will meet in a
semi-f1nal match.
Coen's play in the London tour
ney has amazed all England and
tennis critics are lauding the United
States schoolboy to the skies. The
match between Tilden and Coen will
be a "master-pupil" affair, the Kan
sas City youngster being Tilden's
protege.
Coen eliminated Ronaldo Boyd In
the quarter-fi finals today, 6-3, 6-2.
Tilden beat ]. T. Crawford
Australia, Ga, 60.
Coen Wednesday defeated the de-
Tending titleholder, Col. G.. r..
Mayes, Canada, rs, 1-6, Ga. Tilden
advanced to the quarter finals by
downing O'Callighan, Irish Davis
cup captain, 6-2, 6-1.
Frank Hunter, United States
joined Tilden and Coen as the third
of the fours -f1nalists, beating
Carlos Morea, Argentina, 3-6, 14-12
Ga,
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
Rain SZOwS Up
DeLaware Tennis

BIZ Times Special
WILMINGTON, Del, June 21.-
Owing to rain only two mems
singles matches we're played We'd
nesday in the Delaware State net
meet. Sam Fitch, Texas Univer-
sity, defeated Ralph Dix, New York,
2-6, 81, 81, and Stanley Pearson,
Pennsylvania University, downed r.
P. Powell, Princeton, 6-3, 6-3. The
winners advanced to the quarter
finals.
No women's matches were played.
In several mems doubles contests,
results were:
Fitch and Key defeated Hogs and Nc
Kee. 81. 60.
Tapia and Ponce de Leon, Mexico, 6-3, 3-6.
Allison and Bell defeated Chamnerlain
and Bayou. Cd. ST, Ga.
T. Cltnes and w. Clines defeated Icely
and Brown So 6-3
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
Big League Stuff
BY United Press

by United Press
Garland Braxtonu. Of the washington
against the Boston Red Sox Wednesday,
the score being to 0.
The st. Louis Cardinals frightened their
grip on first place by beating the Chi
cago Cubs, to 2.
Don Hurst, Phillies' first baseman, con-
tinued hitting hard. helping his. team de-
feat Brooklyn. to 2. He hit his eighth
home run and a single.
Pie Traynor sprinted from first to home
on Pete Scott's single and the Pittsburgh
Pirates beat the Cincinnati Reds. 2 to /.
Harry McCurdys home run with the
bases filed enabled the Chicago White Sox
to beat the Cleveland Indians, to 4, in
the first game. Errors cost the Sox the
second game. the Indians winning, to 8.
The Philadelphia Athletics and the New
York Yankees split a double-header, the
first game going to the Athletics. 10 to 5,
and the second % New York. to 3.
Horace Ford, Gar shortstop Of the Cincy
Reds, was out of the game at Pittsburgh
Wednesday owing to the fact he was
called home on account Of the drowning
Of two Of his wife's near relatives.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21

and sixth places, are only three
games back of the leaders.
Milwaukee, second Wednesday
and third today, is one-half game
back of the Hoosiers, and Toledo is
one-half game below the Brewers.
The sensational battle for A. A.
honors is attracting nationwide
interest.
Indians and Hens were set to
tangle in the third tilt of the series
here today, and on Friday the series
will close, for the Tribe is carded
to leave for home Friday night to
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21

BIZ Times Special
TOLEDO, Ohio, June 2l.-Bruno
Betzels Indians came to life in the
double-header with the Hens
Wednesday, went hog wild, annexed
both contests and climbed into sec
ond place in the thrilling A. A.
race. The two defeats sent To-
ledo nose diving from first position
to fourth. and Kansas City, by TAX
ink two tits from the Saints, gained
the league lead by two percentage
points over the Indians.
Match that race if you cant Min
neapolis and st. Paul tied for fifth
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
Crowley and
Brown In Top
Bout at Fort
Hambright Beats Langford,
Larabee Trims Conway
in Good Scraps.

Tommy Crowley, Pittsburgh, will
mix with Buster Brown, st. Louis,
in the ten-round main go at the
FIT. Harrison arena next Tuesday
night. Crowley has appeared in
Indianapolis several times and his
showings have been pleasing.
In the semi-windup of eight
rounds next Tuesday. Mickey
O'Dowd, Muncie, will clash with
Billy Cecil, Louisville.
Vincent Hambright, Cincinnati
Filipino, was the star Of the double
windup program at the Fort We'd
nesday night. The two interesting
ten-round bouts topped q good pre-
liminary card. 1t was a fine, all
around card.
If Tate Langford, experienced
Louisville fisticuffer, ever took lac
ing in his life he took one Wednes-
day night from Hambright. Ham
bright, fast and clever, was punch
ing hard and clean. He also had
big edge in infighting.
Forces Fighting
frankie Larabee, Omaha, short as
AL Conway of Philadelphia was
long, handed the lanky Philadel.
phian neat beating in the other
ten-rounder. Larabee forced all the
fighting and kept hammering away
at Conway.
In the top siX-rounder, Chef
Smallwood, Sullivan, put up what
probably was the best fight he ever
has produced in Indianapolis.
Smallwood won The Times deci-
sion over Paul Dare of San
Francisco. The Hoosier battled
away like veteran
Good Left Hand
All Steve Vincent of Cincinnati
needed to beat Buck Cornet, In
dianapoliS, was his left hand.
Steve had nice left and punched
Cornet silly Buck was down for
a nine-count in the first and again
in the fourth. 1t was a Six-rounder.
Eddie Dick, Indianapolis, sank a
hard right-handed swat under
Terry Donovans heart, and the
latter, also a local scrapper, went
down for the count in the first
round of the opening four-rounder.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
Godfrey-Risko
Bout Saturday

BIZ United Press
NEW YORK, June 21.-The
heavyweight bout between George
Godfrey and Johnny Risko, sched-
uled for Wednesday night at
EbbettS Field, Brooklyn, will be
held Saturday night. Humbert j.
Fugazy postponed the show because
of threatening weather.
When the fighters weighed in
Wednesday, Godfrey had an almost
forty-pound weight advantage.
Godfrey weighed 1851; Risko 1874.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
Field Reduced in
Southern Meet
By Times Special

By Times Special
DALLAS, Texas, June 21.-Eight
more matches today in the cham
pionship flight of the Southern
amateur golf tourney were to
further slice down the field of stars
competing for the title. The thirty
two low qualifiers began play here
Wednesday and only one upset was
recorded in the initial six matches.
Emmett Spicer, Jr., Of Memphis
former champion, was eliminated
by Gibson Payne, Dallas, up. L.
r. Robertson, low medalist, downed
Fred Golden, Houston, 3 and ,.
Watts Gum, Atlanta, defeated Glen
Crisman, Selma, Ala, and 5.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
Title Struggle on
Air Tonight

There will be a two-hour broad
cast of the boxing show in Chi
cago tonight, winding up with the
middleweight championship clash
between Mickey Walker, title holder,
and Ace Hudkins, challenger.
News of the action will go on1the
air at 9 o'clock I'd. S. To-, from WOK,
252 meters, and half hour later
will be joined by webb, 1856
meters
The championship struggle will
start not later than 10 o'clock. The
show will be staged at Comiskey
Park, home of the White Sox.
The other semi-finalist, the lone
outsider among the three Americans,
was F. Hopman, who beat M. Sleem
of India, Ga, "a.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21

start a round Of games with Column
bus Saturday.
The Indians massacred the Hens
Wednesday. taking the first tilt of
the afternoon TO 0, and the sec
ond, IA to 8. Ferd Schupp hurled
the shutout and he allowed only five
hits. Six Hens famed before Ferd's
twisters. The veteran southpaw was
master, for he got perfect support
and fairly breezed in without strain
ing the old "souper."
Toledo used three pitchers in the
Wednesday opener and four in the
nightcap. Dixie Leverett went the
route for the Indians in the wind-up
and blanked the Hens in seven of
the nine innings. Furthermore,
Leverett jumped into the Tribe bat
ting spree with both feet and polet.
a triple and two singles.
1t was "three-base-h it-day" for
Manager Betzels crew, eight of
their extra base swats in the double
header being three-ply drives. Mat
thews got two triples in the first
fray and one in the second.
In the first inning of the opener,
Matthews, Haney and ComoroSky
socked triples and put the fracas
on ice right there. Fred Haney,
back in action after a short absence
on the crippled list, proved a bat
ting demon with four hits in the
first battle and two in the second.
In fact he got five straight hits. The
dandy third sacker also stole three
bases during the afternoon.
The Tribe repeated their error
less form in the Wednesday clos
ing struggle, and the team collected
twenty hits, which, with twelve in
the opener, gave the Tribe a total
of thirty-two hits for the day.
Yes, the Indians certainly ran hog
wild Wednesday.
Fred Haney reached base six times
in row Wednesday before the Hens
finally got him out in the fifth in
ming Of the second game.
1t was kids day" at Swayne
field and several thousand boys
we're entertained royally-by the In
dians! Paid attendance was about
$500.
Wild Matthews cracked out three
hits in each fracas, three of the
blows being triples.
Roy Spencer caught both tits for
the Tribe, and he was rewarded by
cOmbing three hits in the nightcap.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-21
FL
FaVorite to
Defeat Ace
Spectators Expect
ed TO Witness Title
Bout Tonight.

BJ United Press
CHICAGO, ILL.,. June 21,-Thirty
thousand spectators will watch one
of the greatest middleweight fights
of modern times tonight
Shoulder to shoulder in the dark
ness of the big Chicago American
League ball park, their eyes will be
fixed upon a white splash of canvas
across which Mickey Walker, the
champion, and Ace Hudkins, the
challenger, will strike and strive
until, in all probability, one of
them goes down into the blood and
dust and resin, and stays there.
Not since the memorable days of
last September, when Jack Demp-
sey came to prove that real cham
pion can come back, and failed by a
few, fleeting, much discussed sec
onds, has Chicago been so aroused
over a prize fight. AS evidence that
the interest is by no means local,
there have come to witness the bat
tie movie stars and mayors, Cover
nors and millionaires, from all parts
of the country.
The champion was a to / favor
lite among the sporting gentry to-
day. Mickey Walkers advantage in
weight, boxing skill and punching
power could not be gainsaid for all
the optimism in Nebraska.
The challenger's hackers and Hud-
kins himself believe that if the Ace
can get past the half way mark in
tonight's fight he can wear down
Walker and win going away.
This would seem, however, to be
one championship bout in which
odds of 2 to l on the title-holder
are justified. If the challenger wins,
it will be in the nature of a de-
cidedly illogical upset.