davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-07-23
Amended" Complaint Stricken by Court
AS Stating New Cause of Action

like many relatives, not at all
alike. The following cases hold
that the two tests are as to
whether the measure of dam
ages under the two pleadingS Is
the same. and whether the same
evidence will sustain the allega-
tiOnS Of the two pleadings. Nu-
gent v. Circuit Judge, So N. M.
620, SO Mich. 462; Schwartz v.
Stock, IS Pac. 357, % New. 155;
Hamilton v. ThirstOn, 81 Att. AZ,
"a Md. 253; Ella v. Ella, 15S
Mass. "a, 30 N. E. 957; Van de
Haar v. Van DOmseler, Sc Iowa,
671. 10 N. w. 227; Railroad v.
WyIer, 15S U. S. 2S5, Is Sup.
Ct. S77, 80 L. Ed. 983; Box v.
Railroad, 1O7 Iowa, $50, IS N.
w. 694; Whalen v. Gordon, IS
Fed. 305, 81 C. C. A. 70.
"Leave of court was given to
reCaSt the pleadings; but leave
was not given to state q new
and distinct cause Of action, as
has been attempted. 1t could
not avail complainant to allow
it to remain on file, because it
would be vulnerable to q de-
murrer. AS the evidence under
and sufficient to support the
first pleading would not support
the allegations Of the amend
ment. and as q different mea-
sure Of damages would arise, 1
hold that the second pleading
Is not an amendment, and
should be stricken from the
files; and it is SO ordered"
The Washington times., 1934-07-23
TQkOn1Q Park Band
In Concert TOniqht

The third of a series of open air
band concerts being given at
Spring Park, in Takoma Park, by
the Review and Herald Publishing
Company band under the direction
of Prof. Victor Johnson, will be
held at 8 o'clock tonight.
Tonight's program will include:
March, New Colonial" by Hall;
overture, "Orpheus," Offenbach;
trumpet and trombone duet.
Sparks; selection, Mill in the
Forest" Eilenberg: suite, "Atlan-
tis," Safranek; overture, Light
Cavalry" F. Won Suppe; march,
"Semper Fidelis," Sousa, and "The
Star-Spangled Banner"
The Washington times., 1934-07-23
LISTEN WORLD!
BY Elsie Robinson

thing seems right, as though q
cool, kind hand passed softly
oyer your tired heart, soothing
away trouble and strain? "AS
THE EARTH TURNS" Is like
that.
It is the story Of old-fashioned
America of simple, strong
people living upon the soil
moving quietly, patiently with
the turning seasons. The smell
Of gingerbread in a friendly, low.
rooted home. of fresh ploughed
earth b e n e q n q Quickening
April sun. The sound Of sharp
scythes singing down tall, bright
files Of grain. of snow flakes
rustling softly against a window
pane.
And suddenly you're remem.
bering the dreams you dreamed,
when you and life were young
together. A dream Of q home,
somewhere, small and sweet
and safe; far, so far away from
the hurt and the heat and the
hate Of the cruel city.
Is it too late-even yet? You
turn the pages. The years slip
away. You're young again.
You'd always be young, if you
could live like that. Suppose
you tried? Well, why not?
RUSSIA TODAY
BY Sherwood Eddy
Farrar & Rinehart
Anybody can get a rise out
Of you any time by talking
about Russia, can't they?
Those terrible Communists!
But what do you really know
about "thoSe terrible Commun-
istS"? Have you ever read
one serious, fair report of
what they are doing, what they
believe? Would you dare read
a report like that? Would you
dare compare the actual con-
ditionS in Russia today with
actual conditions in America?
If you would. here's the book
for you.
It's written by a man who
knows Russia and America
equally well and infinitely
prefers America. But he's fair
about it. Here are things which
were hard for him, or any
American, to take. He takes
them-hands them on. Now it's
up to you. If you just want
to go on yelling against Rus
sia, regardless, DON'T READ
THIS BOOK.
But if you want to know
what you're talking about
here's your chance.
-Four books. One about
America One about Russia.
One about Yourself. One about
the rich old earth from which
we all come. If you will read
those books, giving yourself
UP to them, they will make
you over-raise your sky-push
back your horizons.
The Washington times., 1934-07-23
New Cause Set Up

Realizing his inability to re-
cover against the Central Public
Service Corporation after this
matter was brought to plaintiffs
attention by the court, plaintiff
now files an amended declara-
ton seeking to hold the defendant
Peirce individually. BY so doing,
plaintiff has now set up a new
cause Of action against the de-
fendant Peirce.
The Washington times., 1934-07-23
every BALD HEAD
HAS A CHANCE

Japanese Oil is the name Of the re-
markably successful preparation that
thousands are using to get rid of loose
dandruff, stop scalp itch and grow new
hair on thin and bald spots whore hair
roots are not dead. This famous anti
septic counter-irritant stimulates circu-
lation in the scalp. brings an abundant
supply Of blood to nourish and feed
starved hair roots-one of the chief
causes of badness. Get a bottle today
at any druggist. This cost is trifling,
soc ECONOMY size. 81. You have little
to lose and much to gain. FREE
Valuable book THE Truth About the
Hair" if you write to National Remedy
Co., 56 w. 45th st. New York.
The Washington times., 1934-07-23

AMENDED DECLARATIONS -
CHANGING OF T1TLE-PRO-
LIX VERBIAGE - TRANSFER
DEPARTURE. LAW RULES
21-22-63. SECTION 1885 b D. C..
CODE.
The tests to determine Uhether
or not an amended declaration is
an amendment or substituted COM
plant, setting up q nsO cause Of
action but under the SuiSs Of the
order GllOWing a rscasting Of the
pleading in the form Of an
amended declaration are: viii
the evidence sustain the tIOO dec
IGrGtiOns and 10 the measure of
damages the same?
In the case Of Chapman VS..
Peirce, At Law No. 1888, plaintiff
was granted leave to file an
amended declaration. In filing
the amendment the plaintiff
changed the defendants and other
material allegations in the origi-
nal pleadingS.
To this amended declaration
the defendant filed a motion to
strike and the cause now comes
on for hearing on this motion.
This is the third time this case
has been before the court on mo.
ton. The case first began in the
equity side of the court. A mo.
tion was filed to dismiss the suit
in equity upon the ground, among
others, that it did not state a
cause of action in equity-that
if plaintiff had any right Of &C
tion at all against the defendants,
it was at law.
The Washington times., 1934-07-23

presentation OF
their problems
when hearings
commence on
the proposed
rerouting Of the
street car lines
next month.
The Public
Utilities Com.
mission for the
District has in
dicated tina t
the hearings
will be open to
the public, but
no efini t e
date for them
hos hnAYN cat
The Washington times., 1934-07-23

10 Tedu.
"Only," you
warn me, "be
sure they're
easy reading.
I can't stand
h ig h b r o W
stuff. And I
hate 'improv-
ing books in
hot weather.
Gimme some
thing lig h t
and peppy."
All righ h t.
Here are four
BIO ks that
ora ac "aaSvO
The Washington times., 1934-07-23

NeceSsitated by the recent merg-
er effected by the two local trac-
ton companies, the revision Of
the car routes is expected to be OF
general benefit to the city. Real
estate developers who have found
their properties sometimes too dis
tant from street car routes may
find relief in the rerouting.
One Of the simplest air-condi-
tioning devices recently has been
perfected and placed on the mar
ket by the General Electric Com
pany.
It is simply a high-efficiency
blower, operating on the same
principle as the cooling fan en-
ployed in the Franklin automobile.
The unit depends on suction for
its efficiency and is placed in the
attic of the dwelling where it is
to be used in such manner that
it blows its air stream outside.
AL windows and doors of the
house are closed against outside
air except one opening in the
basement or cellar. Circulation OF
air is provided, however, by leav
ing the door from the cellar to the
first floor open, and StairwayS
must be kept clear.
The suction developed by fans
draws cool air from the basement
through the entire house before
it is thrust through the attic open
ing.
Several of the fans have been
placed in operation and one
builder uses it to circulate warm,
fresh air through his buildings
during the finishing stages, to
hasten drying of plaster and ce'
ment, thus shortening the waiting
period hitherto required for curing
Of the walls before paint or paper
can be applied.
The Washington times., 1934-07-23
CAR REROUT|NG
MAY BENEFIT
REALTYMEN
BY DICK BAKER

Real estate developers have a
real opportunity to benefit their
operations If they make proper
The Washington times., 1934-07-23
Syndicate. Inc.)

Four Good Books for Vacation
So you're going on your vacar
ton. And you wish I'd give you
"the names Of some good books
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11

census man as those which are found
in the most pretentious dwelling.
Also, they have the virtue of giving
people shelter which generally is their
own and from which they cannot be
evicted, no matter what the stress.
The second most reliable index is
the telephone list. The new tele-
phone book. to be issued shortly by
the local exchange, will show that the
number Of instruments In use now
Is practically as large as 1t was at the
peak in 1879.
A reasonable deduction Is that the
population IS greater now than 1t was
in those far-off days because large
number Of persons still feel they cam
not afford such service and are get
ting along without 1t. Also, the
doubling-up of families in many
homes has made one telephone serve
where two formerly were necessary.
After the pessimism Of the last few
years. It seems little absurd to say
that Bismarck apparently is about to
sustain q boom, but that the back
ground exists for such q movement
seems indubitable. It may be upon
us before we know it.
At any rate, the available facts
seem to prove that 1t would be poor
policy to sell Bismarck short.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11
C. D. A. Assembly to
Meet Here May 27-28

Mrs. Max KupitZ, 3l3 Mandan ST..
state regent of the Catholic Daugh-
tiers of America, Friday issued call to
c. D. A. courts in the state for the
assembly meeting which will be held
here May 27-28 at the same time as
the twenty annual convention
of the North Dakota State Council OF
Knights Of Columbus.
Immaculate Conception court OF
Bismarck and st. Cecelia's court OF
Mandan will be host organizations for
the assembly, which Is to include
state officers, district deputies and
grand regents.
Business sessions will take place
Sunday afternoon and Monday morn
ing. Entertainment planned for the
visitors includes q joint banquet with
the Knights Of Columbus Sunday
evening and q luncheon for which
the st. Cecilia court Is making ar
rangements at Mandan. Monday.
More detailed plans for the assem-
bly, will be announced following
meeting next Tuesday evening when
the Catholic Daughters and Knights
Of Columbus convention committees
will confer regarding entertainment.
The banquet, luncheon and the
business meeting will be open to al
members of the Catholic Daughters
courts Of the state. A number Of
visiting members are expected to &C.
company the officers here for the
meeting.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11
Fastest Growing City

When the returns from the 1890
census were announced in 1891, Bis
marck rejoiced in the title Of the
fastest-growing city In North Dakota.
Present indications are that 1t still Is.
First and most noticeable Of these
indices Is the apparent shortage Of
houses. Nearly every dwelling In the
Capital City Is occupied. Persons
seeking to rent homes Of the better
type report difficulty in finding &C.
commodations.
The result Is the tendency to -.
model homes with . view to con-
structing basement apartments or
other enlargement that space may Be-
available for rental purposes.
This condition also presages boom
for the building industry here as soon
q confidence u sufficiently restored
to warrant investors In putting up
the money and to justify prospective
hoane owners In taking on . long
Uugm contract.
This city stu has IT, fair sl1aEs At
taxpayer shacks and dwellings into
which families have been forced g q
matter q economy. No ons. Least q
III the people who live In them, likes
this condition and Dismarck WIN b
better of when this situation = Inn
proved, vt the Noses which live in
suoh PLACES count Just q much to the
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11
Long Illness Fatal to
/. J. Foster, Bathgate

Mr.. and Mrs. r. D. Hoskins, o04
Fourth st., have received word Of the
death Of Mrs. Hoskins' brother-in-law,
I. ]. Foster, which occurred ct his
home ct Bathgate Thursday morn
ing after . long illness due to cancer.
It viii be remembered that Mira. Eos
ter died Feb. u Of this year.
Mr.. Foster had been In q serious con-
dition during most Of the winter and
until month before his death was q
patient ct Grafton hospital. He Is
well-known here as he served q
member Of the state livestock board
at one time. Mrs. Foster was the
former Elizabeth Armstrong and had
many friends here.
The funeral will Be conducted ct
Bathgate at 2 o'clock Sunday after
noon. Mr.. Fosters remains will be
laid to rest beside those Of his wife In
the Bathgate cemetery.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11
Presbyterian Mission
Group Meets Thursday

The Presbyterian Women's Mis-
sionary society met Thursday after
noon at the home Of Mrs. F. +. Nc
Curdy, AS Ninth St., for q tea be-
ginning at 2:30 o'clock. which was fol-
lowed by q program. Mrs. Clell q.
Cannon, 2l4 Avenue G, was assisting
hostess.
During the tea, Mrs. Otto Han
sen OF Fort Lincoln, accompanied 1T
the piano by Mrs. John L. Hughes,
SIG Eleventh st., entertained with sew
eral violin solos. Mrs. r. E. Logee. 2l6
Avenue B. west, led the devotiouals.
Mrs. w. L. Nuessle, TO Second st., re-
viewed How Far to the Nearest Doc
tori" by DR.. Howard NJ. Todd. Four
teen members Of the group were pres
ent.
Mrs. Al Erickson OF '3l1 Avenue p
recently was appointed local represen-
tative for the Madam White Cos
metic Co., and viii handle orders and
deliveries.
The weekly story hour for child.
rem will be conducted In the juvenile
department Of the Bismarck public
library ct 2 o'clock Saturday AFTER
noon. All children are invited.
= + +
Mrs. q. z. Wingreene. TIT Fourth
st., who has been . patient ct st.
Alexius hospital for several days sur
fering from pneumonia now u im-
proving rapidly and expects to Be
able to leave the hospital In short
time.
i :
Mrs. A. D. McKinnon. 3l2 Avenue
b. west; Mrs. ]. N. R0herty. 6l5 Man
dan st., and Mrs. ]. 2. Wagner, liz
Avenue B, are expected to return
Saturday evening after visiting since
Wednesday at st. Benedict's college
At st. Joseph, Mimi, with the Misses
Jean McKinnon, Jean Roherty and
Arlene Wagner.
+ \ +
Mrs. G. Hermes, 223 Second st.
and Mrs. N. A. Hunter, 515h Fourth
o., were awarded honors In the con-
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11
GIRL SCOUTS PLAN
MOTHERS BANQUET
Event Designated to Become
Annual Function Will Take
Place Wednesday, May16

The first annual Mothers' and
Daughters banquet for the Girl
Scouts Of Bismarck will be held at
the Trinity Lutheran church dining
room at $50 o'clock Wednesday, May
Is. it was announced Thursday by
Miss Dorothy Petron, scout director.
1t is hoped to make the banquet an
annual event. If mothers Of any
scouts are unable to attend, they are
invited to bring another woman IS
their guest. Tickets must be secured
at the scout office in the World War
Memorial building before Monday
evening. May Il. The price per plate
is IS cents.
Mrs John R. Fleck Is chairman of
the committee In charge Of arrange
ments. Mrs. Harold D. Shaft and
Mrs. w. G. Worner are assisting her.
Win First Aid Awards
Sixteen Boy and Girl Scout leaders
who passed the examination at the
close Of the first aid course conducted
by DR.. w. b. Pierce are: The Misses
Wilma Olson, Grace Mckee, Evelyn
Grace Hermann, LaVerne Joersz,
Aileen Cameron. Eunice Venue, Vera
Person, Ruth Jordan, Irene Brown,
Martha Nottveit. Clarice Belk, Mrs.
G. NJ. Oliver, Raymond Finlayson,
Richard Schmidt, T. johnson and A.
N. Ellingson.
The standard course Of instruction
was given under auspices OF the Bur-
leigh county chapter Of the American
Red Cross, which furnished supplies.
Holders of the certificates are COM
petent to take charge Of first aid work
at scout camps. It is the aim of the
local council eventually to have all
leaders presenting first aid work to
troops properly certified.
Name Troop Committees
Troop committees to act in an ad-
visory capacity have been appointed
for two troops in the city. For Troop
2, Mrs. Philip ]. Meyer, Mrs. George
Munger, Mrs. r. G. Morton, Mrs.
John Spare and Mrs. George r. Sha-
fer will act as troop committee.
Troops 10, II and IL, which meet at
the Wachter school, are to have as
their advisors Miss Jeanette Myhre.
Miss Marion Burke and Mrs. v. ].
Committees also will be
named for the remaining troops.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11

sang before the Kiwanis club Of Grand
Forks Wednesday. She was accom-
panied by Miss Menus during both
appearances. Miss Menus was among
the guests at the luncheon given by
Mu chapter Of Sigma Alpha Iota, ma
tional music sorority, at the Ryan
hotel Wednesday noon compliment
ing her sister, Mrs. Leo Studne1s
(Alma Mehus) Of Devils Lake,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11

twilight zone between waking and
sleeping, and see II you can discover
what you dream. Takes considerable
practice to snatch back into consci-
BUSINESS the merest fragment of the
dream, but sometimes you can do it,
and 1t Is most diverting.
Eighth, you're off.
Some persons keep pencil and paper
handy to jot down memoranda Of
their dreams. I do not advise this,
but II one can write down q mere
word or 50, without turning on the
light or coming wide wake again, 1t
makes = most interesting record.
There are legends Of great discoveries,
inventions or solutions OF perplexing
problems having been snatched out
Of dreamland In that way.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11
Delegates Chosen for
June .. i. Y. Meeting

Mrs. r W. Lalsk. sos Thayer avenue,
west, and Mrs. q. D. Bell, 800 Thir-
tenth st., were named delegates to
the department convention Of Daugh-
tiers Of Union Veterans Of the Civil
War 1T Jamestown June 1914 by Tir-
xah Ann Barclay Tent No. at its
meeting held Thursday evening.
Nrs. r. z. Carlander, sic Seventh
q, wae named alternate for Mrs.
Lusk and Mrs.. ]. W. Guthrie. ga
Tenth g., was designated . alter
nate for Mrs. Dell.
A Aothers' Day note was introduced
In the program by Mrs. Guthrie who
sang MY Mothers Rosary" and Mrs.
James J. Green, who read "A Tribute
to Mother" Mrs.. Albin Hedstrom, o2o
Sixth st., read Miss Maxine Waener's
essay on THE Effects Of the Civil
War on National Progress" which was
awarded = q prize In the tents an-
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11

tract games when the st. Jude's
missionary group met for cards at
three tables and luncheon Tuesday
evening. Mrs. Charles Gray, 206 Thir-
teenth st.. was hostess. The next
meeting on May % will be with Mrs.
Hermes.
\ \ \
Mrs. Nicholas B. Werstlein, 6l4
Eighth st., returned Thursday from
Minot where she had gone Monday
with her daughter, Miss Veronica
Werstlein, who this week established
q dancing studio in that city. Mrs.
Werstlein was the guest of Mr.. and
Mrs. Fred Werstlein during her visit.
Miss Werstlein will conduct dancing
classes at Minot for aout 10 weeks
and then will 60 to Chicago to take
advanced instruction. She will return
to Minot to give a fall and winter
course.
The Misses Marian and Ethel San
din, 1923 Park St.. Mrs. Forrest NJ.
Davis, 800 Sixth st., and Miss Belle
Menus. 200h Third ST., returned
Thursday night from the three day
sessions Of the North Dakota FEEDER
alton Of Music clubs at Grand Forks.
The Misses Sandin had been away
since last Friday and the others went
to Grand Forks Sunday. In addition
to appearing on the convention pro-
gram as delegate Of the Thursday
Musical club, Miss Marian Sandin
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11
The Germ of an Idea

Blazoning forth to the world that
ITS tulip time in Holland every yea,
in May" the city Of Holland, Michi-
gan, invites all and sundry to give It
an inspection during the period OF
May II to 20.
At that time, It IS estimated, the
town puts its best foot forward. It's
public parks and the grounds Of many
OF It's private homes are riots Of color
as the spring blossoms come into
bloom.
Just as we In the west stage "pio-
neer" celebrations where every male
resident wears q beard and the wo-
men don old-fashioned dresses, so
does Holland revert to type with the
men in puff breeches and the women
in tight bodices and full skirts. Near
ly everyone wears wooden shoes and
an ancient ceremony Of scrubbing the
streets Is revived in order that Tulip
Town may be clean and spotless.
The picture is complete even to
flower girls with Jokes and panniers
Of tulips and milk carts drawn by
dogs. The Hollanders bear down on
the proposition and make It really
worth while.
Bismarck's city flower is the gladi-
olus. . much more widely grown
bloom. and such distinctive course
is not open to US, but the idea does
carry q germ which might well find a
host In Bismarcks civic spirit.
We could present good deal the
same situation by planting gladioli in
our city parks and, at the proper sea-
son, conduct general at home"
that the world as we'll as the neigh
bors might view our efforts.
Some Of Bismarcks back yards are
places Of unsurpassed beauty when
the blooming season is on and, as a
civic proposition, some OF our accom-
plished gardeners might let general
invitation be issued in their behalf to
come and look.
The proposition might take some
working out but 1t would be an ex-
cellent opportunity for Bismarck to
the warm heartedness
which Is one Of the finest evidences
OF our civic spirit.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11
Today's Recipe
Strawberry Fluff

Strawberry Fluff
] cup fresh Strawberries cut In
halves
cup powdered sugar
! egg white
Mixing time: Is minutes. Chill.
ing time: 2 hours. Servings: Z.
Put all the ingredients into q large
bowl and beat with . Dover beaten un-
til stiff enough to hold it, shape.
Chill and serve with sponge cake Or
lady fingers.
The dessert has 90 many possibtli-
ties and variations that it, imposst-
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-11
Silver Agreement Is
Practically Reached

washington, May ll.-R)-The sen.
ate silver bloc and Secretary Morgen-
thau virtually agreed Friday on the
language Of . silver bill, but it will
be presented to President Roosevelt
early next week before final terms
are written.
Senator McCarran (Dem., New one
Of the corferees, said Morgenthau
had agreed to mandatory declaration
Of policy that silver be made q pri-
mary monetary base with gold, but
desired to submit 1t first to President
Roosevelt.