text: Ss3*'¥ &<££?'* 2'7* sX r$- *..i ^•14f.- .+* 4 \sf i» Vfct §i*ma*fk Itilmtw. BY M. H. JEWELL. THE DAILY TRIBUNE. Published every afternoon, except Sunday, Bismarck, North Dakota, is delivered by carrier to all parts of the city at 50 cents per in cash, or $6 per year. The daily sent to any address in the United States or Canada, postage repaid $5 per year $5.50 for six months $1.26 for three months. THE WEEKLY TRIBUNE. Published every Friday eight pages, containing a summary of the news of the week —local and foreign—particular attention being paid to state news. Sent to any address, postage paid, for $1 for one year 50 cents for six months, 50 cents for three months. The Bismarck Tribune is the oldest newspaper in the state—Weekly established June 11, 1878. It has a wide circulation and is a desirable advertising medium. Being published at the capital of the state it makes a feature of state news, of a official character, and is therefore particularly interesting to all who desire to keep the state affairs—political, social and business. The quarantine that has been in effect on cattle from the scab infected districts of North Dakota, South Dakota and Montana has been practically removed. This is due to the good work done by the government and state inspectors. The force of government inspectors will be greatly reduced this winter as the necessity for the presence of a large number of inspectors is over. With continued care against the importation of cattle infected with scab, North Dakota will probably experience little further trouble with scab. Congressman Marshall of North Dakota has returned from a trip to Arizona with several other members of congress, where they went to investigate the conditions with reference to possible statehood. Mr. Marshall returns convinced that Arizona should not be forced into joint statehood with New Mexico. He says the territories there are making rapid strides and that in a few years they will be well prepared for admission although he does not believe they should yet be admitted as states. At the meeting of the supreme council of the Scottish Rite at Washington recently, in addition to the two North Dakotans, E.T. Sarles and B.F. Spalding, upon whom the thirty-third degree was conferred, W.I. Perkins, formerly of Bismarck and now of Alaska, was given the same honor. Perkins was long a prominent and enthusiastic Mason when in the state and his friends here will rejoice at the honor conferred upon him by the supreme council. Land offices in the state are all drawing maximum compensation for registers and receivers with the exception of the Fargo office, where the compensation of the receiver has been cut down to $2,600, Grand Forks where the compensation fell a few dollars below the maximum. Secretary Taft gives it out that he is not a candidate for president to such an extent that he will resign his cabinet position to begin upon his campaign. There is plenty of time yet for presidential lines to be drawn and in the meantime Taft came to be of much service in the cabinet. Postal receipts at Bismarck in the past year show an increase of about $2,000, the receipts increasing from $14,235 to $16,227. This shows the steady growth of the capital city. Receipt in the state increased from $360,000 to $415,000. STATE NEWS The clay deposits near Olenullin have been examined by eastern experts and it is probable a big brick plant will be established. C. G. Anderson was arrested at Jamestown and taken to Dickinson for a warrant with stealing $76 and a gold watch. Many of the North Dakota farmers went to Canada during the land rush, returning long on experience and short on cash. Goodrich Citizen: Jacob Nitsohke, a farmer who resides five miles north of this place, has been the victim of a dastardly trick as was ever committed in a seemingly civilized community. During the past three days, he has seen five of his best horses die together, and it is presumed that his death has been pronounced a veterinary as due to poisoning. His deed evidently being the work of an enemy. The indignity against the law, which is a fact, is past description and the committee is lower than his worst of heathens. Mr. Nitsohke, the sympathy of the community in his loss and there is little doubt that material aid in finding the culprit will be rendered him if clue can be found to trace it to him. A colt also some few. The Supreme Court decisions. W. A. Ourrie as trustee of the estate of Sylvester G. Look, bankrupt, respondent, vs. Helena E. Look, appellant. Action to cancel a deed of certain real estate executed by Sildia At Pendroy and husband to Helena E. Look, the bankrupt's wife, upon the ground that the conveyance was without consideration and a fraud upon the creditors. The findings of the trial court were in plaintiff's favor and a judgment of cancellation was entered, and the bankrupt's wife appeals. The property consists of two lots in Denbigh, McHenry county, which were formerly owned by Sildia A. Pendroy. In 1901, through the agency of her husband, she contracted to convey the same to S. G. Look, the bankrupt, upon the payment of one dollar and the erection of a store building. The consideration was paid and the building erected. January 22, 1902, Sildia A. Pendroy and husband joined in a deed of the premises to the defendant, which deed was placed on record. April 10, 1902, Look was adjudged a voluntary bankrupt by the United States court and plaintiff named as trustee. The two lots were included in the schedule of assets, and in the list of liabilities it was stated that Helena E. Look was a Creditor to amount of $6,000 for cash received and that his obligation (therefore was evidenced by written contract). Young, J., writes the opinion. The syllabus is as follows: 1. Under section 70 of the National Bankruptcy Act, a trustee in bankruptcy is vested with the title of all the bankrupt's property as of the date he. was adjudged bankrupt, except exempt property, and he may enforce a trust in real estate existing in favor of the bankrupt. It is a settled doctrine in equity, and one declared by section 3386, Revised Codes, that "when a transfer of real property is made to one person, and the consideration thereof if paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made," and under section 4263, Revised Codes, "one who gains a thing by fraud" is "an involuntary trustee for the benefit of the person who would otherwise have had it." Upon the facts stated in the opinion, and upon a review of the entire case in this court, in an action prosecuted by a trustee in bankruptcy to subject certain real estate which had been transferred to the bankrupt's wife to the payment of his debts, it is held (1) that the bankrupt's wife was merely a trustee of the title, and (2) that the plaintiff is entitled to a decree transferring title to him. The district court was directed to modify its decree in accordance with the opinion of the appellate court and as thus modified is affirmed. The case was tried in McHenry county, L. J. Palda, Jr., Judge A. M. Christianson; and Charles D. Donnelly appeared for the appellant and Murphy & Duggan for respondent. Larson vs. Christianson. Lars Larson, respondent, vs. John Christianson, appellant. Appeal from the district court of McHenry county, L. J. Palda, Jr., judge. A. M. Christianson for appellant, and J. E. Burke for respondent. Syllabus: 1. In an action to determine adverse claims under chapter 5, laws of 1901, the granting of plaintiff's motion for judgment on the pleadings is error when the answer denies plaintiff's title to the real estate, although it does not set forth a valid adverse interest. On a conviction to keeping and maintaining a nuisance in violation of section 7605, Revised Codes, the court adjudged that the fine imposed and costs accrued should be a lien on the real estate on which the nuisance was kept, pursuant to section 7610, Revised Codes. These premises were owned by the plaintiff in this action, who was not a party in the criminal action. Execution was issued on the judgment in the criminal action, and plaintiff's land levied on and sold to defendant. Held, that the sale was void as based on a judgment or proceeding to which plaintiff was not a party. The enforcement of the lien for fines and costs assessed under section 7610, Revised Codes, should be by action and not by execution in cases like the one under consideration. The word "permit" as used in section 7610, Revised Codes, is to be construed as authorizing the enforcement of a lien on the premises on which it is maintained in violation of section 7605, Revised Codes, when the proof shows that the owner knowingly permitted such use. The opinion is written by Morgan, C. J. The judgment of the trial court is reversed and the cause remanded for further proceedings. In the matter of the application of Otis Rolstad for the disbarment of Gay L. Witte, more recently from practice as an attorney at law to the heirs of Martin Dal. Original proceeding for the disbarment of Guy L. Witte. Emory Daily Tribune, BISMARCK DAILY TRIBUNE. By virtue of an order of the court, Guy C. H. Corliss and Tracy R. Banes, appearing for the prosecution, and Scott Rex and Mo. Olory & Baroett for the defendant. The accusation against the defendant alleges in substance that the December, 1901, one Otis Kolstad employed the firm of Whittemore & Torso, and paid them $16 to file and foreclose a mechanic's lien upon a mill in Rugby, owned by one Lelstow, to secure the sum of $34 due to Kolstad for labor that the accused falsely and with intent to deceive Kolstad, repeatedly represented that an action to foreclose the lien had been commenced and had been noticed for trial, but in fact no foreclosure proceeding had ever been commenced that the accused on or about August 17, 1903, collected the amount due on the lien, and satisfied and discharged the same of record, and wilfully concealed that fact from his client and embezzled the amount so collected. Numerous witnesses were examined before a referee, which resulted in a mass of testimony, much of it wholly irrelevant and immaterial. The court, in its opinion, says: "It very dear from the evidence that no part of the sum claimed to be due on the mechanic's lien has ever been collected and hence the charge of embezzlement is wholly refuted." The evidence is considered unsatisfactory, and the unsatisfactory character of it is explained partially by the fact that a fire, destroyed all the files and records in the office of Whittemore & Torso after the time the accused claims the action was commenced, the defendant Lelstow being dead, and the absence of The deputy Sheriff, who left the country. After the evidence on the original accusation had been completed, application was made to reopen the case and file an additional and supplemental accusation, charging the defendant with subornation of perjury. The application was granted, the defendant consenting thereto. The supplemental accusation was based on a document purporting to be ten agreement by the accused to pay $250 for the "honest testimony" of a certain party. After examining the evidence on the subject, the court has no hesitation in declaring that the document is a forgery. The proceeding is dismissed. Justice Rogers writes the opinion, of which the syllabus is as follows: Evidence examined and held not to sustain charges of corrupt conduct on the part of the accused attorney. Get a box of paper for 25 cents extremely low price extremely good value. This week at the Capital Book Store. You can, for only five cents, fix your storm window so that it will always fit, and go on the right place. Call at Orambs & Wolbert. GORDON FURNISHINGS DRIVING COATS must be a coat that slips on easily. Wind and weather proof. But above all, soft, pliable and comfortable. Calfskin makes a splendid coat for style, wear, and comfort. Gordon & Ferguson make a Calfskin Driving coat for $85. Any other style of Driving coat at prices that are adjusted according to the quality of skins, see your dealer for GORDON FURS DAY, OCTOBER 27, 1910. Snow and wet pavements are due. Get your rubbers at Webb Bros., and keep your feet warm and dry. "Do it now!" rubber footwear special sale. Wihat? Get ydur at Webb Sroe.' PROPOSALS FOR BONDS OF 8TATE TREASURER. Sealed bids for furnishing a. fidelity 'bond for the present state treasurer of North Dakota in the sum of $500,000, indorsed "Proposals for Furnishing State Treasurer's Bond" and addressed to E. F. Porter, -secretary of state, Bismarck, North Dakota, will be re­ ceived by the state of North Dakota until 2 o'clock p. m. Wednesday, Nov­ ember 15, 1906. Said proposals gi»n be from surety and' fidelity bonding companies authorized to do business In the state of North Dakota and shall state the gross amount to be charged for such bond, to run from December 1, 1905. The right is reserve# to. re­ a a id Dated at Bismarck, N. D., this 14th day of October, 1905. THE STATE OF NORTH DAKOTA By E. Y. SARLES, Governor. N°?m°F restoration op pubmc Bettlement and entry. Depart- Ini.eri.or'' General Land office? tnK»r19 V, J-'*na settlement the following- tracts £f hond"d H&r„d3U."ry the Gordon ftu-s are best furs obtainable. Gordon prices are al ways the lowest- quoted for equal values.. thirty-six North, eighty-three, eighty-four: and eiirhtT- Sv.rtiTe®U ^own8'1'P80ne hundred thirty-seven Z.3"8!"venty-el*,seTenty-seren sfrenty-three, sereaty-four. seven- 7"e^entY-nine.eiyhty-two, eig-bty-three. eMfhty-flve* and SectioSa Jne, twelve, thirteen, twenty-five to thirty^lz la. ty, luW' Actions three to tea. isciuslyev fifttto to twieotj*two inclusive, anrf twenty-five to thirty-six, inclusive. Ran ire u?2S?k«!?£8bTo*U8|,Jp one hno^red thir- seventy-three, seventy, fonr, seventy-five seventy-six, seveoty^even. •eventy-eirbt, eighty-two, eighty-three, ei^hty ??•*Sjfownship onehnn- fonr. eiyhty-five, and Sections, three to tei elusive, fifteen to twenty-two, Inclusive, thirty-four, oclasive Range seventv-nlne West Tow hip pne hsn t2^LKanme seventy-six, seven 'jsrhty-three, eijfbty-four and elghty.flve West Townships one hundred The superior quality of the "Anna Held cigar is directly due to. The employment of new scientific processes which are both unknown and unattainable to the ordinary manufacturer. Following the expert selection of the tobacco in the field—'tis this that sorting and curing, the leaf is skillfully graded and stored in farm-made commodities, where it undergoes a process of fermenting and blending. The several qualities of leaf required to produce the exceptional flavor in the package are carefully selected and packed together until the goodness of each is combined in a real blend of delicious and uniform flavor. This is what makes "Anna Held" cigars at 5 cents the equal of their regular three-quarter kind. Sold by all Dealers in Good Cigars. The trade supplied by Geo. R. Newell & Co., The Triangle A Co., The Triangle A Co., and the "Anna Held" cigars, is a distinctive mark of excellence. THE LIFE Office, U.S. Office, 1805, to the Secretary of the Interior, 1805, withdraws. If persons, certain lands in the Burbank land district, in North Dakota, and seventy-six, seven, eight, and one-half acres, lying within the boundaries of the United States, are hereby notified, they will be advertised for sale at public auction on the 1st day of May, 1905, at 10:00 a.m. at the office of the Secretary of the Interior, at the courthouse in the city of Brookings, Brookings, South Dakota. For fifteen years, the Secretary of the Interior has impure breath arising from the use of liquor or tobacco is completely neutralized by daily use of Liquid, Powder or Past. YOUR DENTIST D. D. DURTON, M.D. Minneapolis, Minn. The president of the United States, in his letter to the Secretary of the Interior, states that the product of this net system of making better cigars for the smokers' money, no matter what the price. Every cigar is kept as good as it has been made in air-tight, dust-proof, and chemically sealed boxes, sealed with this Triangle A. OP MILWAUKEE The Company That Leads the Simple Life P. E. BYRNE, AGENT 100% INVESTMENTS IN LAND ON THE Chesapeake & Ohio .Cheap Rates to Write for list of Farms for Sale and other detailed information ALLEN M. NYE, N. W. P, A. 238 So. Clark St. Chicago, HL Kansas City Southern Railway LOWEST RATES EVER MADE TO Northwestern Missouri, Indiana Territory, Atlantic Louisiana and Texas and STOPOVERS on England and America LIMIT 21 days from date of sale. S. M. LYNCHBURG, VA. RICHMOND, VA. EMPORIA, VA. PETERSBURG, VA. OLD POINT COMFORT, VA. NORFOLK, VA. And other southern points on the FIRST AND THIRD TUESDAY OF MARCH, via: BIG FOUR and C, & O. By December 5 and Aft. S. J. F. E. ROESLER, Trv. The tide of immigration has crops are abundant—The Law— no exception of the crop are abundant—The Land of Fullerton No war action on the production of coal and the tax. Worth Your Tuck. Write for free illustrated literature. WARNER, Kansas City, MO. Pim. and KANSAS MO. W mm*. 1 M5S A Y'J "I'M I J! 5td ft®' "H V&L.V: »C.' 3& »«dT, A, -f. 