davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-03-22
NORTHWEST Police
REUSED As FARGO
POLICE nab four
Thoughts Of Dillinger FIJI Off
cial Minds After Incident
at Beer ParIor

Moorhead, Mimi. March 72.-(R-
A dispute over the cost Of beverages
at Z Dilworth night club in which
four men driving an automobile with
Indiana license plates engaged with
club employees, started IN uproar
which spread to peace officers all over
the northwest Wednesday night and
ended only when the quartet, after .
strenuous effort to avoid arrest. wa
taken into custody In q Moorhead beer
parlor.
Meanwhile officers Of Fargo, Moor
head and neighboring cities had pa
trolled streets and highways several
hours armed with rifles and machine
guns watching for the appearance Of
the men who were first thought to be
gunner intent upon robbery.
Charges Of attempted robbery,
brought by Carmen Bussa. club pro-
prietor. were dismissed In night police
court. The quartet. Ed Fahlsing.
Paul Cullinan and Grant Eastman,
Lisbon, N. D.. and Chester Boyer.
Fargo. pleaded guilty to drunk and
disorderly charges and were fined rs
and costs each.
Fahlsing. owner Of the car. declared
he had purchased the machine from
relatives In Indiana and that he had
already applied for North Dakota
plates.
With visions Of John Dillinger be-
fore them, officers discovered the cor
In front Of the beer parlor.
Fargo and Moorhead police. with
drawn guns, moved In on the quartet.
who were seated in booths. As the
men were being marched to police
cars, q battle began. One policeman
received q cut In his head.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-03-22

New York, March 22.-(R)-A schism
over the air mail controversy Is re.
ported to have prompted Alfred e
Smiths resignation as editor Of the
New Outlook.
The resignation Of the former gov
ernor from the magazine post he
had held since the fall Of 1882 be-
came known Wednesday night. II
was confirmed by Frank A. Tichenor,
publisher Of the magazine, without
comment.
Although Tchenor. who is interest
ed in aviation. has been q vigorous
critic Of the governments cancella-
ton Of the air mail contracts. New
Outlook, with Smith at the helm, has
been silent on the subject.
The New York Times said the un-
DERIVING reason for the resignation Is
believed to lie in q difference OF opin-
ion between Smith and Tichenor over
the air mail. Aero Digest. which Itch
enor also publishes, carried In its last
issue an attack on the Roosevelt ad-
ministration and Postmaster General
Farley for the cancellation Of the
contracts.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-03-22
American Legion Post
Plans Double MeetinR

Lloyd spets rost No. /. American
Legion. will hold It's regular meeting
at 3 O'Clock Friday evening at the
World War Memorial building. Fol-
lowing the business meeting. the Il.
giou members will b hosts 70 tho
American Legion Auxiliary for pro-
gram honoe1ng the fifteenth ami
versary q the founding q the Le-
gion. The social affair win take place
h the World War Memorial building
dining room.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-03-22
Will Start Relief
Work Here MO11dQl,


Relief work win be started In Bur.
leigh county next Monday. March as
according to James Guthrie, chair
man Of the county emergency relief
committee. The committee would
have been glad to start the work
sooner. he explained. but certain reg
ulations set up by the national and
state emergency relief committees
had to be complied with first.
A committee consisting of James
Guthrie, chairman Of the Burleigl,
county emergency relief committee;
Fred Peterson. representing business
interests, and Adam Weight, Represent
ing labor, met Monday and set the
following scale Of wages for relief en-
ployment under the new set-up: Fol-
work outside tho city Of Bismarck
common labor IS cents an hour: II
the city Of Bismarck. Is cents On
hour. All skilled labor % cents IN
hour.
Wage Scale Not Important
The setting Of q wage scale is moi
- important Is appears on the sur
face, Guthrie explained Tuesday, fo1
the reason that al the work to be
performed Is purely on . relief basis
Men employed under the new regu-
lations are hired on the basis Of need
after an investigation has shown they
are entitled to help.
Whether they work more or les.
hours. or at what rate Of pay, reall,
makes no difference" said Guthrie
sRelief u only given according to thu
family budget allowed after an iflves.
tisation. It may vary from - to $5t
per month, according to the size Of
the family, but the work performed
viii only amount to the sum allotted
to the family by the county relief fielc
worker. The budget allowed eacf,
family viii be carefully considered
and help will be allowed only where
other resource has been exhausted
II any other members Of the family are
working, the amount they are paid
will be deducted from the family
budget"
Emphasise Self Help Idea
"The idea back Of the emergency
relief work Is to enable q man to work
for the help extended to him and in
that way maintain his self respect, .
Guthrie said. I'm no case will he be
required to work very long hours to
procure the aid. and the idea is to
keep the wage per hour at Z figure
that win make any other kind OF work
that might be available more attrac-
tive. It Is not intended to make the
relief work 50 attractive that 1t will
b more desirable than that offered
by private persons.
IT wage higher than the prevail
ing rate In q community were paid
for relief labor the purpose Of allow
Ing : man to retain his self-respect
BY working out hts relief would be de-
feated." Guthrie declared, "ior the
reason that the difference In these
two rates would be = gift and would
b 20 considered by the man who re-
ceived 1t. Ninety per cent Of these
men don't want gifts. Thak want q
chance to work out their relief fairly
and honestly"
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-03-22
Woman Is Guest Of
Love Tangle Rival

Chicago. March 22.-(R)-AGrs.
Myrtle Tanner Blacklidge was q
star boarder ct the county jail
Thursday, with her bill paid .
week IN advance.
She was the guest" Of Mrs.
Suzanne Nottingham, q POLICE
mans wife, who had her clapped
into jail Wednesday night for
falling to pay . $500 judgment.
Mrs. Nottingham won the ju6g-
n1ent IN Z suit In which she
charged Alrs. Blacklidge with
stealing the love Of the police
man.
The Jury which awarded the
wife the judgment found that
Ma. Blacklidee 'maliciously"
stole Nottingham's affections, %
nov # i possible for Mn. Not
tingham 10 keep her rival In jail
elk months By paying her weekly
board bill Of -unlees IN ap-
peal = filed. llrs. nottingham
has paid $3.50 IN advance.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-03-22
llANAoEs STYLE. AUTO sHON

MANAGES STYLE. AUTO SHOW
George Touaan, Mandan. president
Of the Board Of Publications ct tho
North Dakota State college. y one 6
the managers q the style and INTO
show. sponsored By the Bison. annual
yeafbnok q the col1eg6. which Wil b
fsld n Fargo March d. =, ..
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-03-22
BREWERY AGENT DIES

Williston. N. D.. March 22.-lRev.
D. Evans, So. wholesale representative
In the Williston territory Of brewing
company, died suddenly ct his home
here following . heart attack.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-03-22

To Joseph 3. Eastman, coordina-
tor Of transportation, has been IS
signed the task Of settling the rail-
road wage controversy.
Eleven months ago, when laborers
and managers failed to agree, the
president summoned them to Wash
ington and told Eastman to settle
their troubles. After two brief con.
ferences announcement was made Of
. new agreement to run until June 80,
1884. It Is this agreement which the
president now urges be continued In
effect another year.
The Washington times., 1934-07-14

I. If the plaintiff entered into
a contract on Which he relies BE-
cause of dsfsndGnt's n1isrsPrs-
sent0tion Of material facts, or be-
cause of defenLant's cOncealment
of material facts which Il W0s
bound to disclOss, the declaration
should set out the facts 90 corr
cealed or nlisTepTesented, and
that plaintiff Was induced to en-
ter into the contract by reason
of such cOncsGlusnt Or r'isTePrs-
sentGtiOn.
2. An allegation that party
is guilty Of fraud amounts to
nothing more than a statement Of
conclusion Of law, and gives
to the adverse party no infOTnsG-
tiOn wh0teUer az to the facts
upon Uhich thGt cOnclusiON 10
based.
}. The presence and pGrticiPG-
tiOn of more than one bidder
Uhen proper and legal notice has
been RiUen therOf are not neces-
sGry to a legal sale. 1t is Suffi-
cient if the public has been fully
advised of the sale by legal pub
Hcotion of notice and has the
right and opportunity to attend
and bid.
In the case of District of Co
lumbia Land and Building Co..
Inc, vs.. Mc1nerney ct al, At Law
No. 79400, a declaration and
amended declaration was filed
alleging among other things that
contract to exchange certain
properties was entered into be-
tween plaintiff and defendants,
that the deeds of trust therefor
were duly recorded, that plain
tiff was urged and induced to
sign the contract of exchange by
representations made to it which
were false, untrue and inaccu-
rate.
To the amended declaration a
number of motions we're filed,
among which were motions to
strike and demurrers, the same
being filed without prejudice to
either, and without anything con-
tained in either operating to
overrule or waive the other, and
with the consent of the attorney
for the plaintiff.
The cause came on for hearing
before Mr.. Justice O'Donoghue on
the foregoing motions and de-
murrerS.
The Washington times., 1934-07-14
Controlling Rules Cited

The above case is discussed in
13 Roses Notes, page So, and is
approved in Anderson VS.. Mess
niger, 146 Fed. 932, Z L. r. A.
IN. S. 1904, n C. C. A. 179, hold
ing pledge may become purchaser
at judicial sale of pledge con-
Quoted by officer of the law: Nc
Mutt VS.. Nuevo Land Company.
167 Cal. 466, 140 Pac. 8, one CO.
tenant may buy interest Of an
other at judicial sale; MCMILLAN
VS.. Harris, 10 Ga. SO. 78 Am. st.
Rep. 1O3, 35 S. E. 338. holding
one entitled to proceeds Of land
may engage a third party to run
property up to specified price,
owner taking same off his hands;
Pewabic Min. Co. VS.. Mason, 145
U. s. 362, SO L. Ed. 1876, IL Sup.
Ct. 800, holding permission un'
necessary to enable litigating
stockholder to bid at judicial sale;
Black VS.. Caldwell, SO Fed. 884,
holding denying foreign corpora
ton mortgagor right to buy at
foreclosure. denial Of actual pro-
The Washington times., 1934-07-14
LEGAL .NEWS---COURT RULINGS
Plaintiffs Statement of Facts Declared
Inadequate Basis for Fraud Charge

'tection Of laws; Deck VS.. Whit
man, 96 Fed. 879, holding that
American rule allows either party
to suit to bid at judicial sale; !;
Monroe VS.. Fuchtler, 121 N. G..
104, % S. E. 81, holding cestui que
trust may bid at trust sale.
Smith VS.. Jackson, 48 D. C. App,
upheld this doctrine, and while
this case was reversed by the Su-
preme Court on other grounds,
the rule referred to was not dis
turbed.
The presence and participation
Of more than one bidder when
proper and legal notice has been
given thereof are not necessary 10
a legal sale. It is sufficient if
the public has been fully advised
Of the sale by legal publication Ct
notice and has the right and op-
portunity to attend and bid. 19
r. c. L., page 613, par. 430; Bailey
VS.. Hendrickson. rs N. D. 500.
Loose and general allegations
such as the words fraud" and
conspiracy" alone, no matter
how often repeated in a pleading,
cannot make a case for the in.
reference Of a court of equity
Until connected with some speci.
fled acts for which one person in
law is responsible to another, they
have no more effect than other
words Of unpleasant Specification.
The Washington times., 1934-07-14
FRAUD WITNESS
ride limited

NEW YORK, July IA UN.SO.
joseph M. Feutsch, assistant to
Roy J. Frisch, cashier OF the
Riverside Bank of Reno until last
March, expressed the belief while
testifying yesterday before Federal
Judge Carroll Hincks and a jury
that his former chief had been
taken for ride"
Mr.. FriSch had never mentioned
suicide, according to Feutsch.
Mr., Frisch was to have been a
government witness in the trials
of william J. Graham, James c..
Mckay and John L. Egleston,
accused of using the mails to de-
fraud in connection with an al
legged international swindling ring
operating from Reno as a head
quarters.
The cashier disappeared from
his home in Reno a short time be-
fore he was to start east as a
government witness.
Replying to a question by De-
fense Attorney John Taafe as to
whether he believed Mr.. Frisch
had committed suicide, Mr..
FeutSch said:
II talked to him the night
before he disappeared. He was
never in better spirts."
The Washington times., 1934-07-14
Facts insufficient

While in this case the offensive
words are used often enough, the
facts to which they apply are not
such as to make the defendants
answerable to the complainant
for the damages and other relief
which is sought. Amber v. Cho.
teau, 107 U. S. 586 at SOL.
AS to misjoinder, a review of
decisions in which joinder was not
permitted follows:
In Keyes v. Little York Gold
Washing and Water Co. Q879) So
Cal. 724, IA Nor. Min. Rep. 95,
it was said that where an action
for tort is brought against sew
eral codefendants it is essential
that the wrong complained of be
joint.
In Dickey v. Willis Qe13) 215
Mass. 1872. 102 N. E. 336, it is
stated as a general rule that two
persons cannot be Joined as Ge'
PENDANTS in an action for tort un'
less they directly or indirectly CO.
operate in the doing of the wrong
Plaintiff cannot join in one &C.
ton distinct claims against sew
eral defendants. Gilmore v. Christ
Hospital Q902) 68 N. J. L. Al,
S" All. 241.
In Stephens v. Schadler (1919)
1872 KY. 833, 2O7 S. w. 704, it
was said that plaintiff cannot. in
the same action, prosecute two
or more d sfendants for distinct
torts which were committed by
the different defendants indie
pendently of, and not in connec-
ton with, each other, although
the consequences of the tort which
was committed by one defendant
united with the consequences of
the tort which was committed by
the other, because in such case
"the one defendant cannot be
The Washington times., 1934-07-14
SPO|LS SYSTEM
IS SCORED

Charging that patronage is the
lone vulnerable spot of the New
Deal" the American Federation
Of Government Employees in a
public statement asserts today
that scandals developing under
the present Administration are
principally caused by the "spoils
system"
Lee Somers, executive secre-
tary of the A. F.. G. E., declares
in the statement that the tre-
mendous amount Of honest and
capable work being done in Wash
ington today by Civil Service
personnel is being hidden behind
a Smoke screen" formed of the
mistakes and inefficiency Of the
horde of political jobholders now
swarming here.
Mr.. Somers says:
"The spOils system has been
tried over q period Of many
years in American history, and
it has uniformly failed. AL
though the Civil Service and
the merit system have been in
effect now for half a century,
old ideas die hard, and the
tradition still exists among
Americans who ought to know
better that all Government EN-.
plOyes are lOafers, time vast
ers, and political hangers-On."
Explaining, however, that it is
becoming generally rec ognized
that there are two types of gov
ernmental jobholderS, one com
posed of political appointees and
the other of merit system work.
erS, Mr.. Somers continues:
I'm certain gov ernment:..
agencies, scandals have devel.
Oped, over and over again,
through the appointment of
persons apparently unqualified
either on the grounds of moral
ity or integrity. 1t would ap-
pear that. when the Govern
ment is spending the vast sums
of money it is spending now, it
would take care to entrust its
vital activities to men of whose
cOnScientiOusneSS, public spirit,
and ability there can be no
doubt, but experience has shown
that that is not the fact"
The Washington times., 1934-07-14
No Cause Of Action

The amended declaration does
not state a cause of action against
the defendants, no facts being
alleged therein from which ac-
tionable fraud can be deducted,
as allegations of fraud therein
amount only to conclusions of
law. In Street VS.. Maddox, Mar
shall. Moss & Mallory, Inc, So
D. C. App. AZ, the Court said !:
THE second and third counts Go
not state a cause of action
against the defendant, for the
simple reason that no facts are
alleged therein from which ac-
tionable fraud on the part of the
defendant can be inferred. Schell
vs.. Aston Mfg. Co. (C.C.) l49 F.
439, AL; Celia VS.. Brown (C.C.A0
IA F. 742. 754; Marquee VS..
Frisbie. 101 U. S. 473, 478, Is L.
Ed. 800.
In Friedlander v. Rapley, 3S
D. c. App. 208, the Court said:
THE contention of the plain.
tiff is that that defendant,
being the proprietor Of q place
of amusement and owing a duty
to his patrons to see they are
protected from insult, violence,
and anger, is responsible for the
wrongful acts of his agents and
employees who take the tickets,
provide seats, maintain order,
etc, whether such acts were
authorized by him or not. As
Stunning this to be correct
statement Of the law. yet the
facts to which the rule of law
applies must be stated in the
pleading.
at is a familiar rule in plead
ing that where any fact is
necessary to be proved on the
trial, in order to sustain the
plaintiffs right of recovery the
declaration must contain a sub
StantiaI averment of such fact
in order to let In proof Of 1t.
"This Court held, in Richards
v. Holmes, Is How. 143, that
under . deed Of trust like the
present the creditor for the sat
isfactiOn of whose debt the sale
is made has q right to compete
fairly at the sale and may be-
come the purchaser"
In the laSt-cited case the ques-
tion is discussed as to the pro-
priety of the property being bid
in on behalf of another person.
The Washington times., 1934-07-14
ORGANIZES
DELEGATES To
CONVENTION

Plans for organized representa-
ton Of the District Bar Associa-
ton at the convention Of the
American Bar Association in Mil
waukee August 27-3l, gained
headway during the week.
James w. Beller. acting chair
man Of the delegation committee,
and Raymond F. Garrity, secre-
tary, have sent return cards to
every member Of the District Bar
Association asking for an indica-
ton Of the members intentions
regarding attendance at the con-
Vention.
Many to Attend
A large number of bar members
have responded already, Mr.. Gar
rity said yesterday, and approx
mately IS of the number have
Signified their intention of attend
ing the convention.
Mr.. Garrity urges every mem
ber to mail the return card and
state whether or not he will at.
tend. In this way the organiza.
ton Of the delegation can take
place at an early date.
It is planned by the delegation
committee to have a meeting of
those intending to go to Milwau-
kee within few days, and at
that time the work Of electing
bona fide delegates will begin.
Good Order Is Aim
Organization of the delegation
in advance Of actual arrival at the
convention was the motive Of
President F. Regis Noel in appoint
ing the committee.
He pointed out that hitherto
the District delegation has acted
haphazardly at conventions of
the American Bar Association, and
only by advance organization can
the local group cooperate with the
national association.
Inc new picture Oh CAe H1cAl'
berS of the bench and bar is be-
ing circulated by the firm which
undertook the work.
Never in the history Of the bar
association has the picture con-
tanned so many faces, and proba'
bly, never before have so many
past presidents of the association
been portrayed among the mem
bers of the bench.
Richard E. Wexford will week
end at his summer place in Sher-
wood Forest while he cogitates on
his new duties as chairman OF the
computation of time committee
It is said that time is forgotten
at Mr.. Wellford's place. and 1t
may be that he will seek that spot
to obtain a different perspective
for his task.
The Washington times., 1934-07-14

made liable for the consequences
of the tort of the other"
After hearing, Mr.. Justice DAN
lei w. O'Donoghue granted the
motions to strike and sustained
the demurrers to the amended
declaration and judgment was en-
tered against the plaintiff for
costs. An appeal was noted and
on appeal the Appellate Court
sustained Justice O'Donoghue.
The plaintiff was represented
by F. Regis Noel and the de-
PENDANTS by M. D. Rosenberg,
Minor Galley and Drury, and w.
c. Sullivan.
The Washington times., 1934-07-14
GIRLS
GIVEN PRAISE

CLEVELAND O.N.S). - The
modern girl is just as good or
even better than her precedessor!
That is the opinion Of Sister
Laurentine, director of nurses in
St. Francis Hospital, Pittsburgh.
expressed here recently at the
convention of the Catholic Hos.
pital Association of the United
States and Canada.
And Sister Laurentine ought to
know, for she has had direct
supervision over more than 800
girls graduated from the nurses
training school at st. Francis
Hospital for the last ten years.
She said:
Modern girls make excel.
lent trained nurses. They are
just as kind and sympathetic
and just rs competent to do all
the things that = nurse must
do As any girl in past genera
tiOnS.'
The Washington times., 1934-07-14
i. S. Chamber Leads
Business Fight on
NRA Restriction

ing them upon industry ani
business, whether industry ant
business like them or not. Mr.
Hartman said:
I'VE want business itself to
be democratic. We would not
want to permit a recaIcitrant
minority to suspend or with
hold a code.
"Tt is our hope that the
Government and the Congress
will agree that the codes and
fair practice regulations shall
be confined to the major in
duStrieS.
SERVICE CODES HIT
'Tt is entirely unnecessary to
impose codes upon the service
trades. The butcher, the baker
and the candleStick maker, en-.
gagged entirely in a local buSi-
ness, ought not to be hemmed
in by all sorts Of code restric-
tiOns which serve only to ham,
per him in the normal and legit-
innate conduct of his business"
Mr.. Hartman also said the
business leaders will seek to secure
for employers the same rights OF
collective bargaining which have
been secured for the working men
The industrial leaders who will
represent business and industry in
the Capital probably will be Sc
lected from the IS members of the
industrial advisory committee.
The Washington times., 1934-07-14
By International Nevs Service

Plans for a nationwide cam
paign by American business inter
eStS against restrictive features of
The Washington times., 1934-07-14
LOVE SLAVE '15,'
TOFACE MAN

DENVER, July IA Q.N.S.)-
Simon A. (Sherlock) Holmes.
Detroit automobile salesman, will
face his .accusers today in con-
nection with charges filed against
him as a result of investigation
into the asserted love market"
operated by Mrs. Vera Brinker-
hoff.
Holmes and Mrs. Brinkerhoff
are jointly charged with a
statutory offense against "San-
dra Reynolds" 15-year-old high
school girl who assertedly ran
away from home and became a
"love slave"
Friends of Holmes met him
upon his arrival from Los An
geles in custody of a deputy
sheriff late Friday. With them
they brought to, the station a
professional bondsman and Clar-
ence j. Morley, former governor
of Colorado, to act as attorney
for the accused man.
Holmes was identified at the
police station by ESsie Bailey. 32-
year-old Negro maid in Mrs.
Brinkerhoff's home. as one of
the men who visited "Sandra"
there. The States case against
other of the eight men similarly
accused has been built largely
upon evidence given by the for
mer servant.