davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11

In the contract Of sale and against the
property, the title to which was re-
served In the assignor, who was the
original vendor In the contract Of sale.
(syllabUs by the court.)
Appeal from the judgment Of the
district court Of Ward county, Moell-
ring, J.
Reversed and the action dismissed.
Opinion Of the court by Burke,
Oh. J.
+. B. Lambert, Minot, N. D., attor-
ney for appellant. q. 8. Wooledge
and J. g. Miller. both Of Minot, N. D.,
attorneys for respondent.
II. Watland and w. H. Robbins,
Plaintiffs and Appellants.
vs..
North Dakota Workmen's Com
pensation Bureau, Defendant
and Respondent.
Cd The Workrnen's Compensation
Bureau. as organized and existing
under Chapter 1852 of the Session
Laws of 1919. is not q legal entity
subject to suit. and . suit against it
Is in legal effect a suit against the
state.
t2) Where q law authorizes the
creation Of q bureau and places
within its administrative control q
fund to be expended for particularly
enumerated purposes. and where the
act contains no authority to bring
suit against the bureau and no con-
sent that the state may be sued is
expressed therein. the bureau Is not
subject to suit.
90 Express authority given claim
ants to prosecute appeals to the
courts in certain instances where
claims have been denied, is not a
consent to suit.
~ The consent to subject itself to
suit. which the state has granted by
Section 6l75 Of the Compiled Laws
Of 1913. is q limited consent and does
not embrace suits to recover dam
ages for neglect Of official duty.
tsyllabus by the coyrt.)
Appeal from the District Court Of
Burleigh County, Hon. Fred Jan
sonius, Judge.
Affirmed.
Opinion Of the court by Birdzell, J..
L. J. Palda, Jr., G. e. Brace and
Robt. w. Palda, all Of Minot, Attor-
neys for Appellants.
James. Morris. Attorney General,
and Thomas J. Burke, Assistant At
torney General, Attorney for Re-
spondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11
GOLD BULLETS
BY G. BOOTH

SYNOPSIS: Lucy locks Henry
Deacon. chief Of police. into q
closet, takes his auto and starts
for the desert TO find Jerry Og-
den. her fiance, accused Of muir.
dering his father. Lucy Is waging
game fight against serious odds
to prove Jerry innocent Of the
charge before he Is arrested. Her
uncle, John PEBBLES, follows her
TO Torridity, ghost town in Skull
Valley. Harrassed by the blister
ing heat. PEBBLES searches the
town for the pair but fails to find
trace of them.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11
Conrad A. Lindblom and Elsa
Lindblom,
Plaintiffs and Appellants.

The Union Central Life Insur.
ance company, a corporation,
Eaton Loan Agency. q corpora
ton, and Sox g. Schnell, a CO.
partnership,
Defendants and Respondents.
This case is governed by the deci-
sion rendered in Olson '. The Union
Central Life Insurance Company. ct
al, 225 N. w. 124.
tSyllabus by the court.)
Appeal from the District Court of
La Moure County: Hon. Frank +.
Lembke, Special Judge.
Affirmed in part and reversed In
part.
opinion Of the court by Nuessle. ].
Robert A. Eaton, Of Edgeley, for
appellants.
Holt & Frame and Lawrence. Muir
ply q Miles, all Of Fargo, fer re-
spondents.
Edith Vinduist and Carl A. Shell
berg, plaintiffs and appellants vs.
Otto Siegert, defendant and rssron.
dent.
l. Justices of the peace have M
jurisdiction to try cases involving
title to real property. When such I
question arises it is the duty Of thu
justice to certify the case to the dis.
trict court for trial.
g.. Relief may be had by injunc'
ton against proceedings under
void judgment where no adequate
! remedy At law is available.
3. Where q justice Of the peacl
tries q case involving the title {,
real property instead Of certifying
it to the district court for trial, tn,
judgment entered is void, but Of
appeal therefrom the district cour
has juri-dic ion to try the case evel
as though it had been certified TO
trial.
4. Where a question Of title t
real estate is raised by an appropri
ate answer in an action Of forcibl
detainer in justice court and . de
mand made that the case be certifiel
to che district court and the justic
refuses to certify the case but trio
the same and enters judemeu
against the defendant therein, tn
remedy by appeal il not On sdequat
remedy.
5. Whether an 9~pplicatisn for
teMrDEaly xestraininx 1f4st shs
b g1anted Is : matter within q
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11

| My amazement turned to dismay.
Belief In Jerry'S innocence was as
firmly fixed in my mind as was my
certainty of Dillon's guilt. But I also
knew what conclusion Deacon's ten
acious mind would have drawn If he
instead Of I had found the bundle!
!. Undeniably they were Jerry's. His
initials. worked by Lucy, were outside
the collar of the sweater. A pocket
contained a packet of his favorite Gig
arettes.
It was evident that the flannels had
been planted. And by Dillon. I sup
| posed. Dillon, then. had been In Tor
ridity within the past 40 hours. For
all I knew to the contrary he was
here now.
The thought excited me and when
the graveyard quietness of the resort
was suddenly punctuated by the throb
Of an automobile engine, billions
name sprang, burning, to my lips. Was
I coming to grips with him again?
Why hadn't I brought a revolver! AS
I sprang. electrified. to my feet q
sage green roadster flew past the open
door and my conclusions collapsed.
The car was Jerry's, and Lucy and the
boy were IN it, their heads together.
I stumbled outside. The roadster
was 100 yards down the street. bound
for the open desert and, I supposed.
the Devils Mouth.
"Lucy!" I roared. Lucy! Jerry!
Stop there! Where are you going?
Lucy! Jerry!
They did not hear me. Shouting
their names. / tore down the street.
Still they did not hear me, and the
roadster passed entirely beyond the
range of my voice. Plunging into the
livery stable, I climbed u~nsteadily into
the car, determined to catch them If
I burned out the engine. The sun had
gone to my head and my heart. not as
good as it used to be, was numbering
numerically against my ribs. A
swallow Of water revived me and !
started the engine. The a slid for
ward with a springless thud, thud,
that sent me tumbling out again.
The tires were flat. They had been
cut by some m
I sank Imply onto the running
board. You can hardly blame me for
harboring the thought that Jerry and
Lucy had e me after all. But /
didn't harbor it long.
! knew my Lucy better than that.
And Jerry was a fine manly young
fellow with the instincts Of q gen.
tleman and a deep affection for mt.
No, they had neither seen nor heard
me just now. or, incredible as 1t
seemed. when I first had come into
the town. But where had they been
that the blaring of my car horn had
not reached them? The Two Broth
ers Mine? Likely enough. And where
were they off to now? San Felipe!
On Lucy's account Jerry had insisted
on the longer route across the valley
instead of the shorter but more dam
gerous one by way OF Pitchfork Cam
| yon. They would be in San Felipe
before midnight. Yes, ! knew my
| Lucy!
But not SO well as I thought, it was
to turn out.
Copyright, 1929, VIM. Morrow Coz
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11
AGE-OLD BATTLE

Winnipeg, Canada. June ll.-Neigh-
bor's chickens and tin cans in other
peoples back yards have started many
q grudge fight. And that's what
ruined a perfectly good friendship
between Peter Jankowski and his
neighbor snicack-lt least the cans
did. Jankowski saw Snicack throwing
cans in his yard and went out to stop
him. It'll. kill you even if it costs me
$50" Snicack wound up the argu-
ment. He then hit Jankowski with a
rake. In court Snicack a fined $50.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11
AT THE MOVIES
CAPITOL THEATRE

THE Bachelor Girl" the Columbia
picture synchronizcd with dialogue
and music, which opened at the Cap
itol theatre last night has a great
deal of audience appeal. 1t was re-
ceived with enthusiasm by a packed
house.
The story deals with Joyce. a pretty
and unusually efficient private secre-
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11
COME ON. SEVEN!

Redwood City, Cal, June 1.-THE
will Of the late Thomas A. Kelly, filed
here recently for probate, specified
that his two nieces shoot dice for q
diamond ring valued ct 92.700. The
two Girls ore Iris Macphereon am
uotol otlr1ta1e of~Chie&to.:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11
Decisions of
Supreme Court

Robert D. Berry.
Plaintiff and Respondent.
VS..
August Peterson,
Defendant and Appellant.
/. An application for relief from .
default judgment made under Sec
ton 7483. c. L. 1913, providing that
the court may, in its discretion, and
upon such terms as may be Just at
any time within year after no.
tice thereof. relieve q party from q
judgment, order or other proceeding
taken against him through his mis-
take. inadvertence, surprise or ex-
cusable neglect, Is addressed to the
sound judicial discretion Of the court.
and the courts ruling in that regard
will not be disturbed IN appeal unless
1t appears that in making it there WAS
a manifest abuse Of discretion.
2. A defendant is entitled to relief
from a Judgment as q matter Of right
where the court was without juris-
diction to enter the same because no
service was made upon him.
~ AA1C AAC0VSOAAO AO w WAACV11C4
service was made upon q defendant
and the court has Jurisdiction to en-
ter q judgment against him. are bot
toned IN matters Of fact which must
be passed upon by the trial court. The
court having determined these ques-
lions in the affirmative, the burden
Of establishing error in 50 doing Is
upon q defendant who seeks to set the
judgment aside because service was
not made upon him.
4. Record examined, and held, for
reasons stated in the opinion, that the
defendant has not established error
on account of the denial Of his appli-
cation to vacate the judgment taken
against him by default.
Syllabus by the court.)
Appeal from the County Court Of
Cass County; Hon. Leigh j. Monson,
Judge. From an order denying his
application to vacate q default .tudg-
ment and for leave to answer, defend
ant appeals.
AFFIRMED.
Opinion of the court by Nuessle. J.
F. o. Hellstrom, Of Bismarck, for
appellant.
Usher L. Burdick, Of Fargo. for re-
spondent.
(Christianson, ]. being disqualified,
did not participated
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11
Redmond A. Bolton, respondent, VI.
Alison Wells, appellant.

]. A passenger in an automobile,
present as q guest Of the owner and
driver Of the car. is not engaged in q
joint enterprise with the owner simply
because the owner has invited him to
come with him to attend the sessions
of an organization Of which both are
members.
2. Where, under such circum.
stances, the driver Of the car is guilty
Of negligence which causes injury to
the guest. the guest is not guilty of
c~ontributory negligence because of the
fact that he is present in the car and
does not protest against the manner
in which the q Is driven, where the
evidence shows the guest knew MOTH
ing about the speed maintained nor
how the car was being managed.
3. Where there is evidence showing
that the driver Of an automobile wa
exceeding the speed limit while driv-
ing over icy roads and while 90 en-
gagged took his gaze from the road,
and at the time Of this momentary
Withdrawal Of attention the car
sweryed. skidded and upset. causing
injury TO his guest, 1t was proper for
the court to submit to the jury the
question OF whether under such CTR
cumstances the driver OF the car was
guilty Of negligence.
4. It WAS not error for the court to
refuse to instruct the jury that whore
the driver Of . car uses his best
JUDGMENT when confronted with IN
emerg6ncy he 10. not guilty Of neglt.
| gence. where the request Tor instruc.
tion fails to inform the Jury that In
such case II WAS necessary to show
that the driver himself did not cause
the emergency.
(oyllabus by the court.)
Appeal from the district court Of
6tutsman county, Hon. yted sJansouis
u. Judge.
Affirmed.
Opinion OF the court by Burr. J.
Carr 4 Rittgers and 2. w. Lanier
O. jamestown, N. D.. attorneys for re.
spondent. Coumy, Young + Burnett
Of Fargo. N. D.. attorneys for appel.
liant.
Chart Barton. plaintiff and respond
ent, vi Alinot Flour Mills Company,
corporation, defendant and appel-
liant.
An action BY an assignor Of . con-
tract for the ale OF personal prop
eytSs - security Will net lie against
the assignee who sOld the property e
the ven61o IN thu contract Of sale. Ia
suet caso ~ aaignee had 10 outtor-
ity = mako t0ch ~ an 4th1 g.
stgnos,s soo)e6y y eeotn(3 ~ v611ol
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11

Five thousand coal miners are en-
ployed in digging the fuel consumed
by automobile manufacturing plants.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11

Two Montgomery, Mimi. families
have merged. In . period Of 10 years
five Cemenskys have married five
Trczinskys.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11

Is someone else In Torridity:
Who cut the tires on PEBBLES car:
Tomorrow's chapter reveals new
intrigue, mystery.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11
sound legal discretion Of the trial
/ No,ar+
Syllabus by the Court

4I0llI CVuIItyS HULL As IL NOlCS JUOBes
From an order denying their APP
plication for q temporary injunction
and granting affirmative relief
against them, plaintiffs appeal. Re-
versed in part and affirmed in part.
Opinion Of the court by Nuessle, ].
Lemke 4 Weaver, of Fargo, for up.
pellants. G. McLain Johnson, Of
Hillsboro, for respondent.
State Of North Dakota, plaintiff
and respondent vs.. Lawrence Fradet,
defendant and appellant.
l. The right Of q defendant ar
rested on . criminal charge to = pre-
liminary examination is statutory
and may be waived, and accordingly
any act incidental to such an ex-
animation may be waived.
2: After entering . plea Of not
guilty to the charge set out in the
Information, the defendant orally
moved to quash and set the Informs
ton aside. Held, that any defects
and irregularities which may have
existed as grounds for quashing and
setting the information aside were
waived by the defendant.
3. Where there is q motion for a
new trial, rulings Of the trial court
constituting proper grounds for q
new trial under the statute must be
50 presented; otherwise they will be
deemed waived. State vs.. Glass. %
N. D. $40, ISL N. w. 220.
4. The sufficiency Of the evidence
to sustain the verdict in 4 criminal
action will not be reviewed on ap-
peal unless the motion for Z new
trial specifies as error that the YER
dict is against the evidence. State
vs.. Glass, supra.
Syllabus by the Court
Appeal from the district court Of
La Moure county; Hon. George M.
Mckenna, Judge. Defendant, con.
victed on a charge Of unlawfully
having possession Of Intoxicating
liquor, appeals.
Affirmed. Opinion Of the court
by Nuessle, ].
w. j. Austin, of Glendale, and
Scott Cameron, Of Bismarck, for
appellant. Eugene F. Coyne, states
attorney, Of La Moure, for respond
ent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11
Today in Congress

ny The Associated Press)
Tuesday
House considers new census.
reapportionment bin report.
Senate continues debate On
compromise farm bin with vote
1t Z p. m.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-11
Bills Allowed by
City Commission

The following claims against the
city were allowed by the city commits
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-29
HUDSON SWINGS
FOREIGN SALES

The Hudson Motor Car Company
announces the completion Of an ar
rangement with Commercial Invest
ment Trust for the financing of
sales OF Hudson and Essex cars and
Dover commercial cars In the chief
export markets Of the world. The
volume expected annually by e.. L.
II. under the contract Is about $20,-
100000.
The arrangement Is known as the
II. M. c. Export Finance Plan and
follows in general the style Of the
company's arrangements for finan-
ing sales to domestic distributors
and deaerS. Rates have been es-
tablished on very favorable bases,
Hudson officials declare.
The III an. G.. Export Finance
Plan is the result Of several yeafS'
intensive study OF ell existing forms
Of overseas financing" said j. s.
Draper, Hudson's general export
manager. 1T Is adaptable to all
markets and puts at the disposal OF
our overseas organization q definite
means OF surrounding one OF the
| biggest obstacles in the path to eas
Ter sales. It Is d real contribution
TO the development OF overseas
trade-a service To the buying pub
Tic and to the Hudson-Essex or
ganization."
Under the terms Of the agree
ment. Commercial Investment Trust
will handle Hudson-Essex and Dovr
business through its offices in the
following cities: Brussels, Belgium:
Berlin. Germany: London, England:
Copenhagen, Denmark: Calcutta.
India; Sydney Adelaide. Perth
Brisbane and Melbourne. Australia:
C~hristchurch, New Zealand; Buenos
Aires, Argentina: Sac Paul0, Brazil,
Santiago. Chill: Christobal, Canal
Zone; Mexico City, Mexico: San
Juan, Porto Rico: Havana, Cuba
and Johannesburg. South Africa.
Additional offices vii be opened
by G. 7. T. O. overseas business war
rants.
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-29
MARMONCHIEF
AT AUTO SHOW
Export Manager Goes To
Europe To Feature
Rooseveits

Frank L. Handy. export man.
ager OF the Marmon Motor Car
Company. has sailed to attend this
years international automobile
shows In London and Paris at
which the Roosevelt Eight will be
prominently displayed before the
motor car leaders Of England and
the continent.
MIR. Hambly is an annual visitor
at these exhibits as well as to ev-
cry other outstanding automobile
show the world over. His visit TO
London and Paris this season, how
ever, holds greater Importance than
usual since the Marmon-Roosevelt
line has gained a strong position
abroad and sales have increased
rapidly in practically every coun-
try where automobiles are the ac-
cepted mode OF everyday travel.
Always appreciative Of advanced
steps in engineering, European mo-
florists were quick to voice their ap-
prevail Of the Roosevelt straight
eight. which, even abroad. is priced
considerably lower than any other
car of its type. AS a consequence
the Roosevelt Is expected to attract
more than the usual attention
granted American-made cars at the
international displays.
The first Of the two great foreign
exhibits to be attend d by Mr..
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-29
New Valley
Continued Tror- Page One)

shipment by the transportation au-
thorities. This latter phase Of the
situation will he handled from
Austin through Commission Of
Agriculture Geo. =. Terrell. who
win issue q blanket permit for this
exhibit 10 be moved without inter
ference by local inspectors.
The exhibit Of fruit. palms and
potted plants, viii leave the Valley
on the afternoon Of October 5th.
and arrive at Dallas on the 7th.
Manager Montgomery and his two
assistants, Chas. Rice and Laurence
Boettner. viii 80 by auto, leaving
McAllen Sunday morning the 9th.
and arrive at Dallas on the 7th.
Work OF arranging the exhibit on
the design OF steamship and light
house, will begin Immediately and
be rushed through for the big
opening day, October 18th.
Valley headquarters viii be at the
Jefferson hotel. where they may be
seen or communicated with, by any
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-29

It over 70 the Southern Pacific. A
low fare Of approximately $500
win be In effect for the round trip.
and this includes Pullman costs
One CT the last difficulties solved
by the management. was the secur-
ing OF small fruits for trimming
portfolios In the hull and the cab
ms or the big steam ship and to TO-
used in the construction OF the six
life boats. BY diligent searcn
enough calmondins, kumquatS.
Rangpur lines, and Mexican lines.
were found to carry out tie general
scheme OF contrasting yellows ana
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-29

one having any business connected
with the exhibit. r4zegB
Il like to stop at this hotel" said
Mr.. Montgomery. -on account OF 1t
being the headquarters OF the
Southwestern Land Company ami
Roy Olmsted. the genial manager
doesn't mind endorsing my checks
when I I'll out OF money"
A very large crowd Is expected to
excursion to be run from Mission
via the Missouri Pacific lines. It
viii take in all Valley towns and
cities. The plan Is to take the spe-
cial train To Houston and there turn
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-29

green's. Il was no small job to 10
cate sufficient quantities OF thess
fruits for the purposes needed.
Many inquiries had tO be made.
and miles CIR motoring resnrted tn.
in order tn &C these oddities lm
fruits, for they are not at nll CON-
mon. because oE their useleSsneET.
except rs 60 Mexican lines. There
are 50 few Of these latter fruits IN
tie valley however, that some viii
have to be imported from Mexico.
which after all is the southern b0r-
der or the Valley.
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-29

Hambly Is the Paris Salon, October
3 to Is. He will then travel to
London for the Annual Olympia
Show. the British counterpart OF
the French display.
Before returning TO this country,
Mr.. Hambly will visit a number of
Roosevelt distributors In
European countries. He will arrive
back In the United States in time
for the New York Automobile Show
in January. an event that Is at
tended each year by many foreign
automobile dealers.
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-29

nent only under ice In refrigerat-
ed car and TO designated cold
storages.
It should be understood that
sterilization is not being consider
ed as a means OF authorizing move
ment Of infested fruit. AL infested
fruit viii be promptly destroyed.
The requirement of sterilization
therefore applies to areas believed
to be- entirely free from the pest
with the object OF eliminating any
residual OF risk. even after intensive
inspection.
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-29

Continued from Page One.)
Massachusetts,. New York, Pennsyl-
vania, and such other Northern
States as may later be approved.
Fruit to be treated at localities OUT
side of Florida must be graded,
packed In standard commercial con-
tanners an dshipped under special
permits issued by the Plant Quar-
antine and Control Administration.
Such permits will authorize move
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-29

Excavating of Canals, Levees, Roads and in fact all. kinds of .Earth-work
EIGHT late model Dragines, Tractors, Teams and Equipment is our job.
YoungstownskeÌ SlovenskeÌ noviny = Youngstown Slovak news. (Youngstown, Ohio) 1910-1940, 1929-05-10
odhalily IL pamatnych tabul', !
pomnikev, z toho dve mramorov'

odhalily IL pamatnych tabil', Z
pomnikev, z toho dve mramorove
poprsia. Mattel Slovenskej pricle-
meme Ustredie slovenskych 4ochot-
nfckych divadiel sdruzuje l68 di-
vadelnych krdzkev. vydalo 4 di-
vadelne thry a mesacnfk ssNase
Divadlo". Pripravuje knihy pre-
obecne kniznice, vyexpedovalo
tohcto roku 1886 svazkov, cd
posiatku5 syojho iicinkoyania "a
radio skniznice 1856 obciacl 0
15l,3B svazkoch.
Sahrn skniznych vydani3je spo-
lu % publikacii na 1926 'stranach
Y $4,000 exemplaroch.sV tomto
ohRade sccinnost ;tohorpeona l,re:yy.
silaI Iyssetky roxy. pred9s Asazsj I
vydaniami sd nove sosity biblio!
giraffe sIoyensksj. 8 svazky Hvie,
ztioslaya, svazok SladlDvi6a
syizok prac Joasfa ! sRultttyho,
,tri sysiyky j; kniESlsiice & Slovenskych
Pohl hl'adoT., s. ssrazk0v citanis