davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05
Torkel Nyland.
Plaintiff and Respondent

, Torkel Nyland.
Plaintiff and Responder,
vs.,
Northern Packing Company
Defendant and Appellant
IL. Where . workman, injured il
he course Of his employment. elects
e proceed under the Workmen'.
! Compensation act for compensation
he j. thereby precluded from main.
tanning an action at law against his
employer.
Syllabus by the court.
. Certified question from District
|. Court, Grand Forks County, Hon.
A. 7. Cole, Judge.
H. A. Bronson, Grand Forks, N. D.,
attorney for appellant.
Lemke & Weaver, Fargo, N. D.,
. Attorneys for Respondent.
State Of North Dakota,
Plaintiff and Respondent
VS..
! A. f. Sievert,
Defendant and Appellant.
: Il. BY entering plea Of not
guilty to an information the accused
valves all defects and irregularities
which may be objected to by motion
to set aside the information even
though he is unaware Of such defects
or Irregularities at the time Of enter.
his plea.
2. On the trial Of q charge OF
Keeping and maintaining common
nuisance in violation Of Section
l0117, c. l.. 1913, as amended, evil
: dence tending to establish that the
defendant had kept and maintained
another similar nuisance separate
and distinct from the one charged
u not admissible.
Syllabus by the Court.
Appeal from the District Court Of
3ichland County, Hon. Chas. +.
Wolfe, Judge.
Defendant was convicted on n
charge Of keeping and maintaining
z common nuisance and appeals.
Reversed.
Opinion Of the Court by Nuessle,
Oh. j.
Burr, J., dissenting.
Purcell g. Heder. Of Wahpeton,
attorneys for appellant.
c. f. Lounsbpry, States Attorney
and w. l.. Divet, assistant States
Attorney, both Of Wahpcton, for
respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05
Do Your Kidneys
Purify Your Blood?

The function Of the kidneys is to
filter and purify the blood. If you
are troubled by bladder weakness,
getting up nights, backache, head
aches, tired, worn-out feeling, your
kidneys may need stimulating and
a diuretic such as the Cystex a
hour test.
just step into any drug store and
ask for Cystex. Put it to a 48 hour
test. If you soon feel like new, full
Of pep, able to sleep soundly with
pains alleviated it will cost YOU
only Coo, otherwise nothing.
Don't give up. Don't wait. Feel
better tomorrow. Learn the Joy d
healthful living. No need to risk
penny on improved things be-
cause you are the sole Judge Of your
satisfaction under the Cystex legal,
binding, money back guarantee
Adv.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05
DECISIONS OF STATE SUPREME COURT

(, alton Of homestead in no manner i'm
pairs the right.
6. Where the premises occupied
as a homestead do not exceed il
extent and value the homestead =,
limited by the law, 1t 10 presumed
u at the premises so occupied ar(
the family homestead and exemp
AZ such.
Z. II q homestead claimant il
married, the homestead may not b
selected from the separate propert,
Of the wife except with her consent
{ Sec. 5606 c. L. 1879; but suct
consent may be evidenced by acts a.
we'll as by words. And where Ger.
tain premises belonging to the wife
have been or are being occupied
by her, her husband and children Al
t family home so as to impress
them with the character of . home.
stead, the consent Of the wife that
her separate property may be select
ed rs homestead has been estab.
lished.
6. Where an eighty acre tract Of
land of the value of $4,5OO.OO be-
liz ring to tie wife has been occupied
a. a family home for number of
! years and such tract is the only real
estate belonging to the wife, al
though her husband owns two i'd
joining tracts containing two hun.
bred forty acres, the eighty acre
tract is a separate property and will
not be deemed a part of a larger
tract within the rule Of Foogman
v. Patterson, 9 n. ID. 254.
8. The owner of property exempt
as a homestead may sell and con-
vey the same; and where such prem
Uses are sold and conveyed in the
manner provided by law the exempt
character runs with the transfer,
and the title conveyed to the pur.
chasex is free and clear Of the lien
Of judgment which was unenforc-
iblc against the premises, because Of
heir homestead character, while they
homestead claimant.
From judgment Of the district
court of Stutsman County, Coffey,
j., Defendant appeals.
Affirmed.
Opinion Of the court by Christian
son, j.
William Maloney. Fargo, N. D.,
Attorney for Defendant and Ap.
pellant.
Knauf & Knauf, Jamestown, N.
OAK, Attorneys for Plaintiffs and
Respondents.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05

made BY persons autheyissd 70 make
| the same. may b received in evi-
dence when shown 70 have been 10
made upon the testimony Of the
person who made tha same" /.
2. That . verdict in favor Of the
plaintiff for the amount claimed to
b due upon such account 10 sus-
tanned by the evidence.
Syllabus by the court.
Appeal from the district court Of
Hettinger County, Pugh, J. Defend
ant appeals form = Judgment and
from On order denying I motion for
new trial. /,
Affirmed.
Opinion Of the Court by Christian.
son. J.
Jacobsen Z Murray, Mott, N. D.,
Attornels for Appellant.
l. J. Wehe, Bismarck, N. OAK,
Attorney for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05

approximately 900 persons, uncov.
cred some gold.
L. z. johnson, geology expert for
the district attorneys investigation,
told Of the gold discovery while tes-
tifying before the coroner's inquest
over the Los Angeles county victims
a the collapsed dam. The gold was
not present in very large quantities,
he said.
One Of the first discoveries Of gold
in California, antedating even the
famous Suffer Greek discovery, Was
made in this same San FrancisQuito
canyon.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05
Towner County, = municipal
corporation,
Plaintiff and Responder

vs..
+. G. Rother, ct al,
Defendants
A. C.. Currie and J. j. Mullett,
Defendants and Appellants.
I. Defenses not pleaded are not
maintainable against seasonable OBJ
lection.
2. The bond given by bank as
security for County funds contained
provision requiring the obligee to
give notice to the sureties of any
default on the part Of the bank, with
in ninety days after knowledge of
the default came to the obligee.
The evidence examined and it is held
an alleged default did not occur and
due notice Of subsequent default
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05

dentiary facts establish the ulti.
mate fact ut issue.
Syllabus BY the court.
Appeal from the diatriet court d
Barnes County, Englert, J. Plain.
tiff appeals from an order granting
q new trial.
Affirmed.
Opinion Of the court by Christian,
son, J.
Lemke 4 Weaver, Fargo, N. Oak.
Attorneys for Appellant.
Lawrence. Murphy Z Nillss
Fargo, N. Oak, Attorneys for Res.
pondent.
j. p. Spies,
Plaintiff and Respondent
vs..
John Stang,
Defendant and Appellant.
In an action to recover the balance
due upon = back account It 10 held:
/. That q loose-leaf individual
ledger, being the permanent record
Of the individual account Of . GUS
toner for merchandise sold 70 such
customer, is admissible in evidence
under Section 1909 C. L. 1913 which
provides that "any entries in a book
or other permanent form, In the
usual course of business, contempor-
aneous with the transactions Ga
which they relate and rs q part Of
or connected with such transactions,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05
Getting Up Nights
For Bladder Relief. Is Nature.
Danger Signal. Columbus Minis.
kpPa K1fa Relates Evnprinnea

OO0oVG ObS U01e NVbuWUUC MBU1Se
ters Vile Relates Experience
Rev. ". H. Mitchell, S24 No. Park
st., Columbus, Ohio, says in his own
homo paper, the Columbus Dis
patch: "My wife was troubled seri-
ously with bladder irritation until
We used Lithiated Buchu (kcller
Formula). She had to get up 6 to 8
times each night Will gladly All
swor any letter.
Initiated Buchu acts ON the blal-
der ~ salts do ON the bowels
Drives out foreign matter and de.
creases excessive acidity, thereby
relieving Irritation. The tablets
cost &c each at all drug stores. KEEL
Ter Laboratory, Mechanicsburg
Ohio. Locally at Finney's Drug
Store.-Adv.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05
Sivert Halverson,
Plaintiff and Appellant

0lVCIt 110IVCIoOUe
Plaintiff and Appellant
vs..
DR.. S. A. Zimmerman,
Defendant and Respondent.
I. Where q motion for q new
trial is made on the ground Of ex-
cessive damages appearing to have
been given under the influence Of
passion or prejudice, the trial court,
on the hearing Of such motion, and
the Supreme Court, on appeal, are
vested with power to order q reduc-
ton Of the verdict in lieu Of new
trial where it appears that the pas
sion or prejudice affected only the
amount Of damages allowed and did
not influence the findings of the
jury on other issues in the case.
Chapter 334, Laws 1923.
2. In case the trial court, upon
the hearing Of such motion, finds
that excessive damages have been
given under the influence of passion
or prejudice, it must further deter
mine whether the ends of justice
will be best subserved by ordering a
reduction of the verdict or by order
ing a new trial. Whether there shall
be a reduction Of the verdict or a
new trial. like all other questions
involved in the determination of such
motion for a new trial, is addressed
to the sound, judicial discretion Of
the trial court and the appellate
court will not interfere unless a
manifest abuse Of such discretion is
shown.
3. Where the ultimate fact to be
determined by the jury is whether
the conduct Of a certain person was
witnesses should not be
permitted to express an opinion or
judgment upon such ultimate fact,
but should be restricted to q state-I
ment Of evidentiary facts, leaving
to the jury to draw the ultimate
conclusion as to whether these evil
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05
Cliada Birks and Marie Birks, =
Plaintiffs and Respondent:
The Globe International Pro-
tective Bureau, a cOrpor-

The Globe International Pro-
tective Bureau, a corpor-
alton,
Defendants and Appellant.
l. The owner of land occupied
and claimed to be exempt as home-
ttead may sustain an action to deter
mine adverse claims and quiet title
rs against Judgment which, though
= cloud on the title, is unenforcible
against the premises because of their
homestead character.
2: The fact that the complaint in
such action, in addition to the aver
rnents required by the statute, con-
tains allegations as regards the
source Of plaintiffs title, and a de-
tcription of the particular judgment
owped by defendant and appearing
rs cloud on plaintiffs title and the
alleged reasons why the apparent
lien Of such judgment is null and
void as against the premises does
not render the complaint demurrable.
3. In such action plaintiff is not
required to establish that such judg-
ment creditor in fact asserts q lien
SAsNANA VIC JAukA uROI LuC W.
erty constituting a homestead; a
cause of action is established by
showing plaintiffs title, the home
";-h+ and the existence OF
such judgment.
!. 4ne u.e to which real prop
crty is put furnishes the primary
test in determining whether or not
Il Is subject to a homestead right
and may be claimed exempt as such.
II the premises are used solely or
principally as a home they may be
claimed exempt as homestead,
within the limitations as to extent
end value, prescribed by law.
>. Where premises are occupied
4 the husba- l and wife and their
children as family home SO as to
tbnstitute the same in fact the family
homestead, the homestead right
exists BY operation Of law and q
failure to execute and file q declar.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05

State Bank a Emglevale vqs "A.
nounced today By The receivey Of
closed state banks. Payment viii
be made through the Office cf A. p.
Jones, district manager for the ~
ceiver. at Lisbon.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05

ives given in accordance with the
terms Of the bonds.
Appeal from the District Court Of
Towner County, Hon. w. ]. Knee
shaw, Judge. Affirmed. Opinion
Of the court by Burr, ].
Houska + Stevents, Of Cando, N.
D.. Attorneys for plaintiff and
Respondent.
Kehoe & Verret, Of Cando, N. D.,
Attorneys for defendants and ap-
pellants.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05

PAYING SECOND DIVIDEND
Payment of second dividend Of
10 per cent to creditors Of the First
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05

| pre-Eastsr sale Of millinery,
|eoats and frocks at the Sarah
Gold Shop. Style without ex.
travagance.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-05
Flood In California
Uncovered Some Gold

Los Angeles, April 6.-(AP)-The
wall Of water from the ruined st.
Francis dam. which dealt death to
The Washington times., 1928-04-27
2: FUND

W0shuOtOn RGOaV and Electric Company the PO
Electric Company The North American CODpGy
controls both.
The Warrington Herald Of APRIL 18th stated Jsen
deUelOped that $O Of the pOer LObbys huge fund
trib1ted American ich
represented by Harley p Wilson in WGsNgtOH cgieHg
PROPOSED traction
The Washington times., 1928-04-27

holding AS
of
of Electric Company
of
of the threatening
in
to the Of
it not Give
The Washington times., 1928-04-27
ASToUNDINCM

large sOckhOLder in the Washington Railway and ELec
Conpony requested in wng of William r. Ham, PFesi
dent that that agent be nOUed TO the
and addresses of the minority stOcOders o number about
tyoentythree hundred O y0ted to GcqUGiUt them with the
situation. refused permission.
Washington Rnay and Electric COMPANY is controlled
bv North american COMPANY.
The Washington times., 1928-04-27

years ago. North
$5OOOOOO
COMPANY han Otputon cent Onsrucdvey
selfish
Washington genuinely Interested that which affects it's welfare
watched
Respectfully,
I'll
The Washington times., 1928-04-27

the PotCnac Electric statement st
Of
danger in plan I. .
pamphlet
sit
attended meetings recently held the District Building between the
disposition be made Of the Power Company which from the
Of
Of no meeting consider this
The Washington times., 1928-04-27
TRUST
,ress, Public Officials, Citizens and N
gton Railway and Electric Company

the North nOt the street
city, but in obtaining control Of its electric Have
Investigated the FINANCIAL METHODS Of the North
will the results handing
over the North
shown holding Of public utilities
local interests?
s.A !.
following excerpt from article IN The Washing
N Herald Of Sunday March 8: .ss#
The Washington times., 1928-04-27
OBJECTIONS SUMMARIZED
Some Of the objectionaI features summarize

holding company escapes State regulations because
character and beyond State control Profits be
paid the holding Of
profits the Of to
necessary reserves and requirements OF property
complicated pyramided holding created with
regulation raises the question whether such structures really
possibility assembled
hand hand the pyramid the
in the sale Of securities.
obiona the domination Of control
of the actual cash investment In charging services the
virtually the position of contracting
hndrance Under unregulated
control of operating
Of the capitalized present earning probably future
the operating trading
such thin equity that the purchaser Of securities the top layers is
Holding
losses together The question raised
holding
the closes of #
The Washington times., 1928-04-27

POWEI
To the President, Members OF Congr
Stockholders of the Washing
present before Congress the milk the cOcoanut not
companies though that question be- but the har
ing the electric street viii
has $45OO0OO holding Of Wall Street
the North American Company and which the direct anal
ment will be from Wall Street
the Chairman Of the Federal Trade Conrms
printed in Senate Document No 46 Februny 1928
statement concerning holding companies:
Eo pSS ere s q nass 5 s that s s seans
r s part 1TR
sR Ras1 presents eq
IS. =:
s s ~" @:s sss = s s
sss f f ss sns dsas s T ss
81 Vs. WIS., Hs5s e.. "a e s a { @ s & Sa
a6hs asns Sss f S n ss 9sa aos n ths ss
sn9Ssd in the cases ong INDUSTRY s6 '0"Da" the procedure outlined seems %
IS; !, 4: ,ss:s e.; II sssss @ IL : decrease s;
advocate oes =
s. sss; aaEss 4. Tss ssB S
& sSs i . Ao II s sg na s Il s sas 4 iR
ia s @
= ] sn s 4P s ss"s q sas s By State commissions
The reprint from The Herald quotation part Of Ro On the abuses Of
mag P s Federal saa ' Trade cn this ess through ONE can see
company as R9 %6oss Offices o Nsv
hand Wall Street for desired relief
that the officials of the District the business ASSOCIATE
believe they have given the North American
eredtine Of goods
the letter Of February = from the WASHINGTON Railway and Electric Comp
The Washington times., 1928-04-27

John ]. Noonan
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1928-12-01

Educated at Oxford. the Princes
ideas and tastes are intensely demo-
cratic, even though he observes this
rites Of his ancestral religion. Beverly
Miles, on world tour for the
Williams oil-o-Matic Heating Cor
poratlon, Of Bloomington, was de-
tanned In Tokyo while the Imperial
Household Department Of the jap
anese government completed negott-
atoms for the installation Of q VII
liams oil-o-Matie in the Princes
home.
Democracy can 90 no further.
commented G. q. williams, presidents
Of the Williams Oil-O-Aatic Heating
Corporation. The sane device that
heats Thousands Of small and large
homes al ovse North America =
selected for ~ mAnsioa Of Prtn0D
vao Hvss tn Oriental p,saAW..
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1928-12-01

ION .inging steel we rush or wildly
wheel,
And who can tell. Oh, who can tell the
Joy we feel?"
From THE Skaters Song"
When King Winter holds both town
and country in his frosty embrace
the lover Of the great outdoors must
find some outlet for his energy
What could be more fitting than a
trip to Quebec, the historic Ancient
Capital, where skating, skiing. snow
shooting and tobogganing are at their
very best from Christmas until well
into Marchp No city in the wide
world is more ideally situated than
Quebec: no city possesses her nat
ural advantages for water sports
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1928-12-01
ME SO TQRkE SkiOE

Beautiful In summer, in winter she
is dazzling! With countless hills serV'
ing as toboggan slides. with skatinE
Kinks and gentle Slopes for skiing
cleaning roads and gl!sten!n2 STOW
fields, the city itself seems fashione@
by nature for winter play and spec
tacle. From far and near. winter
sports enthusiasts gather at the Cha
teau Frontenac. Quebec's medieval
hosiery, there to participate in all
the glorious winter pastimes 1oi
which Quebec is known the worio
over. Descending from the shoulder
of the Citadel to Dufferin Terrace Is
the famous Quebec toboggan slide
which runs the length OF Duferir
Terrace and past the Chateau. Al
night the slide is decorated "'l
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1928-12-01

multi-colored lights, and the breath
taking descent from the Citadel t'
the protective bunker beyond tbs
Chateau is an experience never TO
fryotten.
one of the great attractions dur
ing Ouebec's winter season Is thr
international Dog-Sled Derby. ciae.
sic of the SHOWS usually held late :.
February. Well known "musher.
and their teams Of "husE:ca" &C. .
from all parts OF the United So
and Canada to take part in this u -
which is one of the best meals .
ascertaining just what breed 81 oo'
is most suited 10 stand the grLc'iu"
hardships of running mail lad ~
plies 20 isolated lumber CAMP: 30
:r.dipg pnsts.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1928-12-01

The little daughter Of commoner.
; welded by medieval ceremony to the
, heir presumptive to the Japanese
chrome, lives In an occidental style
mansion in Tokyo that Is heated by q
bloomington. Illinois, oil burner.
For the first time since the estab-
iishment Of q hereditary nobility In
Japan . prince Of the blood went
outside the peerage to select his wife.
when Prince Chichibu. beloved Of the
energetic. ambitious younger genera
ton in his country. took sor his bride
6etssko Matsudaira. s~~ months
ago an I8-year-old stadeir: "a : Wash
tngton, d. O., finishing scho&i.
When abe became engaged to the
EmpepQr's brother she sas adopted
By an Ancle. Q viscount. % she could
- cakebIe b ~, tapsseA. ps4ass
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1928-12-01
CHURCH
DIRECTORY

EBENEzER BAPTIST CHURCH,
Leigh and Judah streets.)
Rev W. n Stokes. Pm. D., Pastor.
Residence, 1907 Brook Road. Ser.
vices: Sundays, II A. d. and 8 p. n.
Sunday School. 9 A. NJ The public
10 invited.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1928-12-01
RfvERv1Ew BAPTIST CHURCH.

tJacquel and Lombardy Stree.s)
Rev. e. D. Lewis, Pastor. Resi-
ieuce 316 S. Lcmbardy Street. Se'
v'ces: Sunday. II A. M. and 8 F. n
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1928-12-01
Mos5Y MEMORIAL BAPTIST
CHURCH

Mos5Y MEMORIAL BAPTIST
CHURCH
1dlewosd Ave. and Randolph st.
Rev. J A Brinkley. A. B., B D.
Pastor. Services: Sunday, 1880 A
N and 8 P NJ Sunday School 9 80
A. M. All are welcome.
ZION BAPTIST CHURCH,
t2Oth and Decatur. So. Richmond
Rev J. w. Dudley, D. D.. Pastor
Parsonage 1715 Everett Street. Ser
vices: Sunday, 1880 A. M. and s
P. M. Sunday School, $3.50 A N.
The public is welcome.
MT SALEM BAPTIST CHURCH,
(Penola, Va.)
Rev. N. c. Ruffin, Pastor. Resi-
dence, Gil st. Peter st. Services 81
Glen Allen, End and lth Sundays at
P. M. At Penola, services on the
Sra Sunday at 1880 P. M. Sunday
School every Sunday at both places
at IL 40 A. II.
MT. GILEAp BAPTIST CHURCH
Chesterfield County,
Rev. w. H. Liggins, Pastor, Res
idence, 1895 Taylor St. Services.
1st and Srd Sundays at 1880 P. n
Sunday School everv Sunday at
1880 4. n
FIFTH BAPTIST CHURCH
(1400 West Cary Street)
Rev. A. D. DAILY, Pastor. Residence
r412 w. Cary St Services: 1880
A. NJ and P. NJ. Sunday School.
10000 A. M. All are welcome.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1928-12-01
FIRST BAPTIST CHURCH.
(Broad and College StreetS)

Rev. W. r. johnson, 3. D., Pastor.
Residence, s31 N. sth st. Services {:
surdays, 1880 A. II. and 8 p. d.
Sunday school. s:Se A. II. All are
welcome.