davidaulloa/AmericanStories huggingface dataset:
The Sidney herald., 1955-07-14

are invalid, null, void and have
no force and effect whatsoever,
there being a duly and legally
appointed and qualified County
Attorney exercising and perform
ing the duties of said office by
virtue of a valid appointment by
the Board of County Commits
sioners of Richland County on
December 8, 1854, and that the
term to which he was validity ap-
pointed had not expired.
5. That the action taken by
the Board County Commissioners
on February Is, 1855, is null, void,
and of no force and effect; that
the meeting on said day was not
noticed as provided by Section
1870, r. c. M, 1947, and was
held for a period of time longer
than provided by said statute.
6. That the resolution to ne
morialize the motion made on
February Is, 1855, is null, void
and of no legal force and effect;
the motion memorialized being
null, void and of no force and
Z. That the defendant, John M.
Lexcen, has ever since February
10, 1855, and presently and now
is, illegally claiming the office of
County Attorney of Richland
County, Montana, under the color
of a void and illegal appointment
and ever since said date has and
now is, usurping, intruding into
and unlawfully holding and
claiming title to said office, and
has received emoluments there
Of and has and still does refuse
to allow the plaintiff, Y. C. Koch
to enjoy the rights and privileges
of said office or to receive the
emoluments thereof.
8. That the defendant, John M.
Lexcen, is not entitled to the Of
flee of County Attorney of Rich
land County, and to the powers,
privileges and emoluments there
and should be excluded from
said office and from any and all
claims to said office.
g.. That the plaintiff, v. C.
Koch, is entitled to and is grant
ed, peaceful and exclusive pos
session of said office of County
Attorney of Richland County for
the period of his appointment, and
that he is entitled to recover his
costs in this action incurred"
The Sidney herald., 1955-07-14
Babe Ruth
All Stars Play
Williston Tuesday

Babe Ruth "All Stars were
named by the league officials and
practices for the group were
started Immediately by Coach
Kangas, who vas named mana
ger by the group.
Several games have been sched-
uled by Kangas as warm-up
games before the state tourna-
ment which will be held in Miles
City next week, and in which the
locals will probably participate.
eve will open with Williston
this week at Williston in a game
preceding the Oiler game. The
Sidney lads will be guests of the
Oilers at their game. It will give
the boys a chance to see some fine
snappy ball. Williston will be here
for a return game on Tuesday
night; we hope that this n can
be arranged as a game under the
so that our boys can adapt
themselves to the Mazdas which
they may have to play under at
Miles City. Game time will be
announced over KICK.
"This is a fine squad" COM
mented the coach, "and should
give a good account of themselves
at Williston."
League officials named the fol-
lowing fifteen boys to the all star
roster: Whitaker Motors ~ Tom
Quilting, named captain of the
stars by the team members; Craig
Price, Ron Quilting, Dean Will
liams and Lassey. Sun Oil -
Dean Johnson, David Kruger
and Dick Mulholland.
Tractor & Equipment - David
Little, Marvin Henderson, Joe
Clark and John Marman; F. T.
Reynolds Terry Whitaker,
John Carranza and Ronnie La
londe. Boyd Erickson is the All
Star bat boy.
The Sidney herald., 1955-07-14
Local Mutual Host
To State Ins.
Convention

The Montana Association Of
Mutual Insurance Companies will
hold its regular annual meeting
in Sidney at the NYA hall July
Is and 10. R.. P. Blair, secretary
treasurer for the Mutual Rural
Insurance Company said there
would be directors and secre-
taries in attendance from Farm
Mutual companies from over the
entire state. The main speaker on
the program will be Byron Krantz
of Kenmare, N. D., who is a
past president of the North Da-
kota state association of Farm
Mutuals. The social high light of
the convention will be the ban
quet to be served Friday evening
by the Methodist Ladies at the
Methodist church basement.
The present officers of the state
association are Clifford Ellis of
Great Falls, president, Chester
Pehlke of Whitewater, vice-presi-
dent, and E. A. Erickson of Boze-
man, OBSERVATION-DISCLOSURES.
The Sidney herald., 1955-07-14
A & w Root Beer
Station Going In
On Highway Ia

Donald K. Leach of Kalispell. Mon
tana, has recently purchased a tract
of land ISL of block 4, julius Degn
platl on the highway p mile south
of Sidney, as a location for an A &
w Root Beer station. The purchase
was made through Rice & Heron.
Sidney realtors and abstracters. The
station construction will
at once, Mr.. Leach stated. The
teaches Donald and Edna -- have
lived for the past seven years in
KalispeI where he was employed as
buyer for the Kelly Furniture Co.
They have two children. Joan, Is
and Bill, 4 years of age. In Sidney
they viii live at 825 = 9th Ave. s. d.
On that side of the highway extend
ing from the Lone Tree Inn corner
south from Sidney are five service
and sales places with others contem-
plated, The Herald is informed. In
order they are: Potter Trailer Sales,
Herman's Tasty Freeze, Richland Ma
chinery Co.. Silver Boot (eats), and
A & w Root Beer station.
The Sidney herald., 1955-07-14
Gibbs In
Near Drowning
Mishap Thursday

Ray Gibbs miraculously escap-
ed drowning last Thursday when
he ran through the guard rail
while driving one of Lane Pot
ter's pickup trucks, and plunged
into the canal u mile this side
of Savage. Harold Gable heard
the crash from his farmyard
nearby and just caught a glimpse
of the red pickup as it went over.
He rushed to the scene and re-
alizing at once that Gibbs could
MT swim, he took off his shoes
and otherwise fully clothed, went
in after him. The muddy water
in the canal was fifteen feet deep
and the swift current was taking
both the driver and the truck
down stream fast.
Mr.. Gable caught Gibbs by the
hair and pulled him out and was
ten minutes r%eviving him. He was
confined to his bed for two days
following the accident.
Potter put three divers at work
and it was several hours before
they located and recovered the
truck, which was a total wreck.
The cause of the accident is
unknown but it is thought that
something went wrong with the
steering gear causing Gibbs to
lose control of the pickup.
The Sidney herald., 1955-07-14
Conlin's Store
Under New
Management

The management of the Conlln
Furniture store will change this
week when Mr.. Helphrey will
leave for Bismarck to take over
a store recently purchased by the
Conlin Co., and Robert c.. Will
kens of Williston will become
manager of the Sidney store.
The Helphreys came to Sidney
from Lewistown in the fall of
1851 when Conlin's opened their
new store here, and the family
Immediately became a part of the
community and have been active
in their church, the school and
community affairs in general.
Mrs. Helphrey has been president
of the PTA, both have served on
St. Lawrence Episcopal church
committees, and Mr.. Helphrey is
the present senior warden of the
vestry. Mr.. and Mrs. Helphrey
have been active in square dance
circles throughout this area and
MI. Helphrey is an active mem
Der of the Elks, the Kiwanis, the
Chamber of Commerce and the
American Legion.
Mr.. and Mrs. Wilkens, who will
replace the Helphreys in the COM
munity, have also been active in
community affairs in Williston
where Mr.. Wilkens has been a
member of the Veterans of For
eign Wars, the Junior Chamber
of Commerce, the Moose Lodge
and the American Legion.
Mr.. Wilkens worked in Red
field. South Dakota, for Coleman
and Son Furniture Co. for ten
years. He resigned that position
three years ago to become as
ISOLATED with the Conlin Furni-
ture store at Williston. He has had
considerable experience in home
decorating and comes to Sidney
highly recommended for his
knowledge of furniture qualities.
When Conlins take over their
new store, formerly the Ref Fur
niture in Bismarck, they will have
stores in Sidney, Williston, SEQ
hey and Bismarck.
The Sidney herald., 1955-07-14
Attorney General
Arnold Olson To
Be Here July 80

Arnold Olson, attorney general
for the state of Montana, will
speak at the Fairgrounds west of
Sidney July 80 at 2:30 D. m.
At that time the Richland
County Farmers Union is hold
ing a countrywide picnic at the
close of the Junior Camp which
will be held July 26 to 80. All
Farmers Union members and their
families and friends are invited
to bring their picnic dinners and
gather at the noon hour at the
commercial building for a pot luck
dinner.
A program by the campers and
a display of their work will fea-
ture the afternoon events.
Everybody who would like to
hear the Attorney General speak
on matters of statewide interest to
all and some of the issues that
have been quite controversial, are
invited to attend the program.
The Sidney herald., 1955-07-14
Court Rules
Koch RichIand
County Attorney

Judge w. w. LESLEY of Boze-
man who presided at the June q
hearing over the Richland Coun-
ty Attorney contest ruled on July
9 that the December g., 1854, ap-
pointment of v. c.. Koch was val
id.
Koch was appointed county at
torney by Commissioners Donald
w. Pentz, George Eikhoff and l..
Sedlacek on December 8, 1854,
to be effective on January 8, 1855
and to serve until the next cleo
ton. This action was taken when
J. c. Cottingham failed to qualify
for the office. On February 10,
1855, Commissioners Donald w.
Pentz and James E. Spurgeon ap-
pointed John NJ. Lexcen to the
office. On February 25 Lexcen
demanded the office from Koch
who refused contending that not
only was his appointment on De-
cember 8 valid but that the spe-
cial meeting held on February 10,
1855, to appoint Lexcen was il
legal and invalid for not having
been noticed or held as provided
by law.
Judge LESLEY in deciding in
favor of Koch on both conten-
tions ruled as follows:
/. That the Board of County
Commissioners of Richland Coun-
ty, Montana, on December 8, 1854,
dEly and regularly declared a a
cancy to exist in the office of
County Attorney for the failure of
the County Attorney elect, J. c.
Cottingham, to file his official oath
and bond within the 80 days re-
quired by law after such officer
elect received notice of his re-
election.
q. That the Board of County
Commissioners on December 8,
1854, duly and regularly ap-
pointed ". c.. Koch county attor-
ney of Richland county, Montana,
effective on January 3, 1855, to
serve until the next general cleo
ton.
8. That v. C. Koch, has ever
since January 3, 1855, and now is,
the duly, regularly and legally
appointed and qualified county
attorney of Richland county, Mon
tana, and as such is entitled to
serve until the general election
for said office.
4. That the resolution of the
Board of County Commissioners
declaring the vacancy to exist in
the office of County Attorney of
Richland county, Montana, and
the motion appointing John M.
Lexcen county attorney, dated
February 10, 1855, and the fur
Their resolution of the commits
sioners of said county of Febru-
airy Is, 1855, memorializing the
appointment of John M. Lexcen
by motion on February 18, 1855,
The Sidney herald., 1955-07-14
Former Clendive
Resident Becomes
MDU Div. Mgr.

Brad w. Durant, recently APP
pointed as Glendive Division
Manager for Montana-Dakota
Utilities Co., has arrived in Glen
dive to take over his new du-
ties. Durant is replacing Noel
Carrico, who is retiring after 81
years of service with the Utility
Company.
An MDU employee since 1928,
Durant is a former resident of
Glendive and graduated from
Dawson county high school in
1922. He is a son of the late Rev.
Frank Durant, who was rector
of the Glendive Episcopal church
from 1916 to 1924. Following his
graduation from high school, Dur
ant was employed in the Northern
Pacific division office in Glen
dive for five years.
Durant joined MDU in 1928
and has had a wide and varied
experience on several of the COM
pany's operating divisions. He
was first employed as a stores
ledger clerk in the Rapid City
office. In 1929 Durant was adj
vanced to the position of senior
clerk at Williston and, in 1880,
became chief clerk at Havre. Dur
ants service as chief clerk x
tended over a period of ten years,
during which time he progress
sively moved forward to offices
in the company's larger operating
divisions. In 1941 Durant e
ceived an appointment as As
sistant Division Manager at Will
liston. He was promoted to Mis-
soula Division Manager in 1916.
In 1850 Durant became Mobridge
Division Manager and has had
general supervision over INDUS
extensive properties in the Mo-
bridge area for the past five
years.
While residing in Mobridge,
Durant took an active part in
constructive community activi-
ties. He was a member of the
Commercial Club, Rotary Club
and served on the executive board
of the Boy Scouts Council. Durant
is a member of the Episcopal
church and the Elks club.
In commenting on his new job,
Durant said, 81 am very happy to
have been selected as the new
Glendive Division Manager for
MDU. l have known Noel Car
rico for many years, and am full
The Sidney herald., 1955-07-14
Union Summer
Services In
Methodist Church

Union Summer Services will
continue in the Lonsdale Metho-
dist church during July with a
joint church school at 9:45 for
Peoples Congregational church
and Lonsdale Methodist church
and Divine worship services at
IL a. m. Rev. Bernard McLain
will deliver the message on "The
Way with special music by Mrs.
Ben Heron, soloist and Mrs. B.
K. Allen, organist. Nursery ser
vice will be held at the parsonage
during the worship hour.
The sound film at the church
school is "Simon Peter" The 9TH
ers are: calling of Matthew
Rich Young Ruler, Blind Beg
gar, woman to Remember
'Jairus' Daughter, and "45 IT.
oga Street."
The Sidney herald., 1955-07-14
D.. Group To
Tour Lower


Farmers on the Lower Yellow
stone irrigation project, and bust
nesSmen from Fairview and Sid
ney will host the board of di-
rectors of the newly created Gar
rison Diversion Conservancy Dis
trict from North Dakota at a visit
to the Yellowstone valley July
l9. The purpose of the visit win
be to provide the % man board
OF directors, who represent the %
counties of North Dakota that
contain areas proposed for de-
velopment under the vast Garrison
Diversion project, an ~opportuni-
ty to become better acquainted
with irrigation farming. Almost
100000 acres of land in central
and eastern North Dakota are
proposed for irrigation under this
project.
The directors, state and federal
officials, farmers from the pro
posed project area and represen-
tatives Of other organizations will
visit the Lower Yellowstone prof.
ect as a part of a 4-day bus tour.
The board of directors will be
organized at Harvey, N. D., July
10 at a joint meeting with the
North Dakota State Water Con-
servation Commission. Following
this meeting the group of about
90 people will embark on their
4-day tour. Enroute to the Low
er Yellowstone project they will
visit the Tioga oil fields and the
Lewis and Clark project in North
Dakota. They will arrive at the
Lower Yellowstone project at $50
a. m. July 10 and visit the CLAYTON
Worst, Albert Reidel and Axel
Danielson farms in the morning.
Following a picnic lunch at the
Danielson farm to be served by
the st. Johns LWML ladies aid.
the group will visit 8 farms on
the Montana portion of the prof.
ect. That evening a dinner meet
ing with farmers and officials of
the Lower Yellowstone project
and businessmen of Fairview and
Sidney has been arranged at
which an open forum discussion
with Senator Don Nutter Of Sid
ney as moderator will be held.
The group will journey to Dickin-
son and Riverdale, N. D., on July
20, Fl, to visit other irrigation
projects and Garrison dam.
Arrangements for the groups
visit to the Lower Yellowstone
project ire being made by Axel
Danielson and A. j. Huber of
Fairview and the Fairview Com
mercial club, and Dean Davidson,
Richland county agent; E. M.
Gardner, Lower Yellowstone prof.
ect manager; Dan Price, secre-
tary-manager of the Chamber of
Commerce of Sidney.
The Sidney herald., 1955-07-14

ly aware that filling his shoes
is a rather tough assignment. Noel
has established an outstanding
record in serving the company
and the public, which 1 shall try
hard to equal. Noel will assist
me in becoming familiar with OPP
Grating problems on the Glendive
Division until the time of his
retirement. I count myself FORUM
ate to have the benefit of his
experience and advice during
this transition period"
Durant and wife, Elva, plan to
move their family to Glendive
as soon as suitable living quarters
can be secured. Their eldest son,
Thomas, is an ensign in the Ma
val Air Force. The other children
are Frank, age Is, and Mary Ell
len, age 5.
The Sidney herald., 1955-07-14
Final Notice to
Dog Owners
Effective July IA

Every owner or keeper of a
dog within the limits of the City
of Sidney, Montana, shall cause
the same to be registered, num-
bered, described, and licensed in
the office of the City Clerk. Such
licensing shall be for the unex-
pired portion of the year ending
on the 31st day of December of
each year. Such owner or keeper
shall pay therefor the sum Of
$500 for each male dog and the
sum of $500 for each female dog,
however no license is required
for a dog while it is less than 3
months old.
The running at large of dogs
upon the streets, avenues, alleys,
parks or public grounds of the
City of Sidney is hereby prohibit
ed and declared to be a nuisance.
Every owner or keeper of a dog
who fails or neglects or refuses to
have his dog registered and Ii
censed shall be guilty of a mis-
demeanor, and upon conviction
thereof shall be punished by a
fine not to exceed $500 or i'm
prisonment in the City Jail not
to exceed (15) fifteen days or
by both such fine and imprison-
ment.
All dogs must be innoculated
for rabies before licenses can be
purchased. The location of the
City Dog Pound is at the Witt
Veterinary Hospital. Owners wish
ing to recover their dog that has
been picked up by the Police may
do so by paying an impounding
fee of $500 and 75c per day for
care of dog.
Earl c.. Mauge,
Chief of Police 25-2tc
The Sidney herald., 1955-07-14
Floats
Invited to Fairview
Festival Parade

Sidney business places and organ
izations are invited to enter floats in
the Fairview Summer Festival and
Old Timers Reunion parade Monday.
July Is. They will be more than well
come and greatly appreciated, Keith
Taylor, parade chairman say
A chuck wagon feed will be held
at noon for the old timers and a free
lunch will be served to all others at
the park. A program and ball game
are scheduled for the afternoon.
The Sidney herald., 1955-07-14
CHARLES KROEMERS
TO HOLD GOLDEN WEDDING
ANNIVERSARY OPEN HOUSE

In OBSERVANCE Of our golden
wedding anniversary we will hold
open house at our home at 406 3rd
Ave. N. E., Wednesday, July 20
from 8 to 5 p. m. and from Z to
9 in the evening. No cards are
being issued and an invitation is
herewith extended to all friends.
Mr.. and Mrs. Charles Kroemer.
The Sidney herald., 1955-07-14
Final Bicycle
Licensing Notice

In accordance with Sidney or
dlnances all bicycles operated
within the city limits of Sidney
must be licensed. Any bicycles
operated after July Is will be
lmpounded and owners are sub
ject to fine in accordance with
above ordinance. License fee for
all bicycles is soc.
Bicycle must be inspected by
police department before license
IS issued. License can be obtained
at the police department at the
rear of City Hall daily from 8 a.
m. to 5 D. m.
Earl c.. Mauge,
Chief of Police 25-2tc
The Sidney herald., 1955-07-14
OPEN HOUSE TO N
A. A. KANIEWSKIS ON

Mr.. and Mrs. A. A. Kaniewski are
celebrating their golden wedding an
niversary July 20. Their children
will entertain friends at open house
in their honor from 2 to 5 at their
ranch home IA miles north of Lam
bert on that day. Everyone is cordial
ly invited to come; no invitations are
Vein sent
The Sidney herald., 1955-07-14

lowed the picnic. small tots enjoyed
playground equipment furnished thru
courtesy of CoHlin Furniture.
Andrew Anderson, steward, thanked
the many members of the local lodge
which assisted in committee functions
to make the first annual picnic such
a great success.
An outdoor stag for the Elks mem
bers is being planned for a later date.
The Sidney herald., 1955-07-14
Left TO RIGHT
Sam Siefers.

About 400 members, wives and chill
dren gathered Sunday at Sterling Swi-
CARTS grove eight miles southeast of
Sidney for the first annual Elks Lodge
picnic. B. p. o. E. 1882.
Prime beef. barbecued over char
coal. topped with a savory southern
sauce was served with salads and hot
dishes. Ice cream and refreshments
The Sidney herald., 1955-07-14

were furnished everyone.
Orvin Peterson, Richard H. Mutt,
William C. Ford, Bob Barnes and
Sam Siefers began the cooking op-
Grafton the evening before. A new,
large barbecue oven, built for the
Elks by Ben Dave Jr., nicely handled
the meat barbecue.
Games and races for all ages fol-
The Sidney herald., 1955-07-14
FUNERAL SERVICES
MONDAY FOR
NORMAN EMILY

Chapel services will be held at
2 o'clock Monday afternoon from the
Fulkerson Funeral Home for Norman
Emily of Molly. who passed away at
the Community Memorial hospital this
morning following a brief illness. The
obituary will be published in a later
issue of The Herald.
The Sidney herald., 1955-07-14

Ollie Barnes is reported as making
very satisfactory recovery at the local
hospital, where he has been under
care the past week.
The Sidney herald., 1955-07-14

Earl c.. Mauge,
Chic of Police 25-2tc
Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-12-15

These prices effective until close Of
business Saturday. December II, 1888.
In Washington. d G. MARYLAND;
Hillcrest HEIGHTS. Bethesda, Silver
Spring, Takoma Park. BladensburE,
Brentwood, Chevy Chase, Coimar
Manor, Wheaton. Mount Rainier, Col
leEe Park, Berwyn, Laurel. Indian
Head. Capitol Heishts. VIRGINIA:
Alexandria. Arlinston. Fairfax, Falls
don. NO SALES TO DEALERS, WE
RESERVE THE RIGHT TO LIMIT
QUANTITIES.. Produce prices subject
to daily market changes.
Evening star., 1955-05-29

that 1t is difficult to ignore the example
he has set and keep the eye firmly on the
pad.
Also, there are commuters forever
entering and leaving the streetcar, and
these must be surveyed to determine If
anyone new has moved into the commut
ers' circle There are, in this particular
season, flowers which grow in unlikely
spots for no apparent reason except to
pique the interest. Automobiles filled with
people, paths which lead seemingly to
nowhere, store fronts crammed with un-
reachables, clocks which appear not to
have been set for centuries and whole
households coming to life in the early
morning clamor for attention.
AS the days stretch into weeks it
becomes more and more apparent that
someone else will have to use his IS to 40
minutes to reshape the world. On the
streetcar ride in from the suburbs, one
sees parts of the world one has little
desire to reShape.
Evening star., 1955-05-29
Streetcdr Ride

For many days now, considering the
streetcar ride in from the suburbs, one
has promised ones self to use the 35 to
40 minutes involved in constructive activ-
ity It has been calculated that the IS
minutes day, multiplied into year Of
work weeks, would provide more than
dozen days in which to reshape the world.
A pad and pencil are all the equipment
needed.
There are, one discovers on the first
day after this firm resolve, many distrac-
tions. The pencil is hardly poised over
the pad before one of these distractions
clamors for attention. 1t is, on this par
ticular morning, decrepit but appealing
mongrel dog which has wandered down
to the tracks to watch the streetcar go
past He stands there with such interest
in the world apart from pads and pencils