davidaulloa/AmericanStories huggingface dataset:
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-07-18

care in the operation of the locomotive, and
the evidence further shows that sparks of
the size and quantity indicated could not
have escaped where the engine 80 supplied
with proper appliances is properly man
aged. and there is verdic, in favor Of the
plaintiff, and, in effect, affirming negligence
upon the part of the defendant, such find
ing will not be disturbed by an appellate
court. The testimony upon the issue OF
negligence 0el non, is palpably irreconcil-
able and makes question dependent en-
tirely upon the credibility of witnesses,
and peculiarly for the decision of the jury.
10. The degree of care, required to be
used in any given case to AVOID the impu-
tation of negligence, must be according to
the circums 'ances or in proportion to the
danger; such care as is ordinarily sufficient
under similar circumstances TO avoid dan
ger and secure safety.
49, A charge that railroad company
is required to exercise the utmost care in
running through town or village where
buildings are constructed of wood and sit
uated 30 near to railroad as to be ex-
posed to fire that may come in large quan-
titles from the locomotive, and especially
so if at the time the wind is blowing in the
direction from the engine toward the build
ings; and that under such circumstances
the company is bound to exercise a
greater degree of care than when running
trains in the country where there is no
property near the track exposed to fire, and
that the degree of care which is required il
proprtioned 10 the danger to be appre.
hended of inflicting injury on the person
or property of Others, does not prescribe 9
greater degree of care than the circum.
stances stated in 1t call for.
Il. A charge that railroad companies
are required to furnish their locomotives
with spark-arresters of the best mechan-
ical invention and construction in gen.
eral use at the time, is not erroneous.
Is. The negligence of one, for whose
acts the plaintiff is not responsible, how
ever much it may have contributed te
the injury for which the plaintiff sues, il
no defense in behalf of defendant whose
negligence is the proximate cause of such
injury. The fact that both the defen
dant and such stranger are each, on &C
count of his own negligence, liable to tht
plaintiff, is no defense t, either such de
| fendant or stranger
| 16. Charges on the subject of "ontrib
utory negligence are not Objectionable OF
the gr, und that their effect is to exclude
| Continued on second page.)
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-07-18

sa,e 'ofSuTU, of p, PIain!iff in Error, VS.. The
SawsOUna..F NJ Florida, Defendant in Error,
LsRY, j.: ''''
The C,,oni.e IN error was indicted and tried
aknt to N"Iu,. m Court for an assault with
|tsult " an murder, AMI convicted Of ",,n an
nsn:e cba,oos' osa''ery; Held, that the
ccasrnines e'gel ,h'gt =; in the Indictment
Nieut Com, ,tI jurisdiction, aud when the
..sason Of ssi ss;d 1a, acquired iuris liction bv
snaituliono o''u a,,s charge, it has under the
sAsr oGen.aai u ana statute jurisdiction of all
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-07-18

and can pass sentence for the assault and
battery, which is included in said indict-
ment.
Judgment affirmed.
}. s. White, for plaintiff in error ::
William B. Lamar, attorney-general for
defendant in error:
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-07-18

Both the method and results when
Syrup of Figs is taken; it is pleasant
and refreshing to the taste, and acts
gently yet promptly on the Kidneys,
Liver and Bowels, cleanses the sys-
tenn efectually, dispels colds, head
aches and fevers and cures habitual
constipation. Syrup Of Figs is the
only remedy of it's kind ever pro-
duced, pleasing to the taste and &C.
ceptable to the stomach, prompt in
its action and truly beneficial In its
effects, prepared only from the most
healthy and agreeable substances, it's
many excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs is for sale in 50c
and 81 bottles by all leading drug.
gists. Any reliable druggist who
may not have it on hand will pro-
cure it promptly for any one who
wishes to try it. Do not accept any
substitute.
CALIFORNIA FIc syrup co.
SAN FRANCISCO. CAL.
LOUISVILLE. Ky. HEW Yosx. Mx
jar. /, 1S9l-1v
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-07-18

civil suit is properly refused when 1t is
supported only by the affidavit OF the party
making the application, when such af1da-
Wit is unsupported by any other facts or
circumstances showing necessity for such
change; and when the applicants affidavit
itself gives no facts or circumstances show
ing such necessity except the bare asser-
ton in the language ofthe statute that "the
defendant has an undue influence over the
minds of the inhabitants of said county"
Greene US. Wilson, 81 FlG.,-, 8 South.
Rep. 72S, cited and approved.
4. The very nature and Importance OF
the duties, quasi judicial and quasi legisla:.
tive, that devolve by law upon boards OF
county commissioners, renders it entirely
indispensable that they, by their clerk,
should keep an accurate record of the pro-
ceedings of their every session, even II such
record were not expressly req hired by law
to be kept Section of Chapter IL, Laws
OF 1845, requiring such records TO be Kept,
held to be still in force.
8. Where such record has been kept, and
is produced from the proper custody, the
clerk of the circuit court, and is Identified
by the proper authority, it is admissible as
evidence in any cause to which it may be
pertinent.
6 Such records, by the provisions OF
Chapter 863, Laws of 1889, (Sec. g., p. 317
McClellan's Digest,) are stamped with all
the characteristics of public records, to
which the public shall at all times have full
access.
Judgment affirmed.
r. W. Williams, for appellant; John "
Malone, for appellee.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-07-18

Tyler Hawkins, Plaintiff in Error, vs.. The
State of Florida, Def md mt in Error
Suwannee county.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23

ing transmitters. Although operation
learned to read very readily from the
sound Of the old pin-faced dials, IL kept
them busy learning the new methods a.
they followed one after smother.
Compared with the development Of the
transmitter that Of the telephone has been
slow. This il probably due to the absence
of composition; but the monopoly which
has so long controlled the Bell system il
about to terminate by the expiration Of its
principal patent. A result will be the
commercial application Of some Of the
wonderful improvements which have hith-
erto attracted attention as experiments
only. The long-distance phone, the whis-
pering phone and private switching keys
have been tried and proven practicable.
Among other small improvements prom
ised is an indicator which will give the
number Of the caller" so thas an absent
owner can tell on his return il, and by
whom, he has been called. The telephone
used by the Pan-Elcctric Company has al
ready passed out of date. The s'tympan-
nm' of the phone is well-nigh perfect, and
the only bar to its entire success is in in
duction. Electricity can do all that inge-
nuity bids it when il can be kept at work,
and it can be kept at work, and science is
only troubled by its cratic tendency to fly
OFT at unprotected points and play with its
kind in Wild atmospheric freedom.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23
INCENSE TO MoMUs.

VIII some kind reader put me onto good
butcher whom can rely upon, and who will
furnish me with an aristocratic liver fresh from
the interior of some wellknown animal whose
death cast gloom over the entire community?
Some butcher who gets his tripe from the
American Herd book and his sausage wrappers
and filters from the Guelphs or the Napoleons?
As it is now am eating the unknown hams
and ill-begotten side pork of Q man who does not
know that there ever was such a swollen, I'M
American, unmasculine, fslsetto voiced and un-
reached ass from away up the brook g Ward
McAllister.-Bll Nye
To some pungent remarks OF . professional
brother Western lawyer began his reply a. fol-
lows: "May it please this court: resting upon
the couch of republican equality a. do. covered
with the blanket of constitutional panoply a.
am, and protected by the mgis of American
liberty as feel myself to be, despise the buzz
ing of the professional insect who has just sat
down, and defy his attempts to penetrate with
his puny sting the interstices OF my impervious
covering Goods Chronicle.
Pastor to applicant for church membership
We shall be glad to welcome you AMONG US,
brother, but in order to become member of this
denomination you will have to be kept on proba-
ton, - 1t 10 called, for six months. Applicant
Six months? What for? ITO prove your fitness
for being received into full membership"
(Struck by . sudden thought)-"Mr. Goodman,
Tx montns won make any olHefence ~ AL IN
this redness at the end of my nose. It's cry
sipelas Chicago Tribune.
Mrs. Blinker-I hear Dr.. Curem has got back
from Berlin. You must 60 around at once and
see If he obtained any OF Professor Koch's
lymph. Mr.. Blinker-He couldn't get any.
met him on the street "Did he tell you he
couldn't get anyT' $40; but he told me he had
doubts Of it curative propertiea."-New York
Weekly
One Of the Guests-That II young Newdle's
bride, 10 It? don't like her figure. Another
Guest-That's where you and Newdle differ. Her
figure il . 8 with five ciphen after it.-Cnicooo
Tribune.
.Mr Parnell will again assume the offensive"
saye cable dispatch. Is there something more
offensive than the O'Shea case yet to come?-St
Louis Globe Democrat
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23
sEATTLE,s FAME ABROAD.

The February number of the Northwest
description and illustrations of Seattle.
The article bears the signature of Mr.. E. V.
Smalley, the proprietor and editor of the
magazine, who has made periodical visits
TO Seattle for several years and is compe-
tent to Judge of its increasing growth.
description has the advantage of being not
only graphic but discriminating. Mr..
Smalley contrasts the city's aspect at the
period of his first and of his latest visit,
and points out upon what a high plane its
improvements have been made.
He very properly attributes the results
to the public spirit of Seattle's citizens.
"In this respect" he says, 1.-THE spirit of
the town very much resembles that of
Minneapolis. Whatever it was agreed
should be done to push the city ahead was
done with hearty goodwill"
The most interesting portion of a very
interesting article is that which deals with
the rebuilding of the city after the fire-a
period Of enterprise and dash which is
much more marveled at abroad than at
home.
"How was all this accomplished" the
reader will ask. There are two explana-
tions," he answers. "In the first place,
Seattle had q number of men of large
wealth who had always centered their in
vestments at home and who came forward
with large and liberal plans for building
In the second place the credit of the city
was excellent. The city was widely known
throughout the East as very solid and
prosperous place that had constantly paid
big returns on all the money sent to it. :"
Altogether this edition forms one of the
most valuable of the many contributions
to literature on the subject of Seattle, and
will be preserved as having far more than
the ephemeral interest of periodical publ
cations.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23
SEALS AS SWIMMERS.
SMITHSONIAN INSTITUTION,

%,
To THE EDITOR: In your issue Of the 7th inst
appear the statements of the experienced seal.
ing captains. Messrs. Quinn and Agar. These
witnesses give testimony that bears directly
upon the controversy, with no vefbiage or eva.
sion, and they are in entire accord with each
other.
1. They both deny the theory of pelaeic hir4h
of fur SEALS this denial is plain and uneouiyocal
on their part.
Z Captain Quinn says: II do not know
whether very young seal can swim or not: do
not remember ever having tried them but thew
can swim well before they are very DID, Can
tain Agar says that the pups "that were cut
from the cows, or were born prematurely when
the cows were being chased. that these vould
sink as soon as they struck the water, because
they appeared to have no life at first; but could
swim all right after being kept on board until
becoming active"
Thus, Mr.. Editor, do these gentlemen furnish
the proof OF my statement published in 1872.
1874 and again in 1881. l said that these seals
did not bear their young any where at sea, and
that If they did the newborn young would sink
like stone. and the mother be helpless to
save It.
Captain Agar adds the significant and vain
able hint, that when the aborted or cut-out pup
was permitted TO dry OF and was kept ON board
until 1t became active, then it "could swim ALI
right" That statement OF Captain Agar clears
up great deal of fog in this discussion a to
the ability OF these fntal pups to SWIM and it IL
an interesting addition to the sum of our knovl.
edge OF the subject HENRY ", ErIrorr.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23

Rudyard Kipling having taken an irrev-
erent, if.not blasphemous view Of Chi
cago in general and Of her glorious stock
yards in particular, the Herald Of that city
in the most approved style goes after Mr..
Kipling's scalp. It regrets that Chicago
had not anticipated his sacrilege and ap-
Piled ''the boot-toe masculine, presum-
ably] of mere disgust to the ill-bred and
mendacious barbarian" who could regard
otherwise than devoutly those famous
stock-yards. He ID "brutal English
bully" charged to the muzzle with ''ruf-
fianism and indecency," who has blazoned
to the world his "utter lack of taste or APP
probation of progress" Kipling has
learned by this time that depreciation
could take no form more dire than dis
respect of the stock-yards. # he had
painted the mayor monster and the city
government band of brigands it might
have been tolerated, but the stock-yards
are holy ground, to be trod only with
bowed head and bated breath.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23

The st. Paul Pioneer Prose represents
Kyle, the newly-elected South Dakota
Senator, as something of s'mixed metu-
phor" in politics. He is an Independent
with both Democratic and Republican
leanings, and at home is an ardent pro-
hibitionist. He inclines to the Stanford
scheme for two per cent loans to farmers,
and is on record for lavish pensioning of
old soldiers. But sin spite of all these
strings to his bow question has been
raised, and it is said will be carried in to
the courts, as to the legality of his cleo
ton. In this connection it is given out
that. the South Dakota constitution re-
quires majority Of the legislative con-
vcntion to elect, and that would require 80
votes, whereas Kyle received but IS, there
being 80 members paired and absent. But
the chances are that the courts Or the Sem
ate would regard the pairs for Kyle as vot-
ing, and the point is not likely to amount
to anything.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23
rkRsELY ARGUED.

II must be admitted that the report Of
the majority of the House coinage COM
mittee adverse to the unlimited free COIN
age of silver is cogcntly argued. 1t is free
from surplusage, and presented in terms
that must be clear to the commonest I'M
derstanding. To those who have believed
that free coinage offered the simplest and
best solution to the silver question the
argument may not, and in many cases will
not be convincing; but if it be conceded
that the argument is the candid con-
clusion Of its authors, and is that which
impressed the Republican majority in the
Senate. concurred in by the president and
the late secretary Of the treasury. even the
most ultra friends of free coinage will
agree that these views, honestly enter
tanned. justify them in the position they
have taken upon this subject.
The majority Of the committee claim
that the existing law, which only . few
months ago was enacted on the demand Of
the friends of silver and as embodying
the best judgment Of this congress on the
subject, provides practically and in all but
the name for free coinage of the American
product, and has merits which would be
lost and lacking under the operation Of
the pending bill. 1t is their judgment,
based upon carefully acquired Informs
ton. that the purchase of fifty-four mil
lion ounces year. as provided by the ex-
listing law, will consume all of the Ameri-
can product that will be available for COIN
age purposes.
If this be true, or If it approximates the
truth. it is apparent that free coinage
would add nothing to the monetary de-
mand for the American product, while
compared with the present law, 80 re-
Gently passed by this same congress, and
which it would repeal, it would limit to
the single form of the silver dollar cur
rency which now may take the form Of
legal tender paper based on silver and con-
vertible either into silver of gold.
Thus presented even the most ardent
friends Of silver and of free coinage must
agree that there is not enough Of essential
difference between the existing law and
the pending bill to justify any split or
contention in the Republican party in re-
spect to it, In the act passed by the
present congress, endorsed by Secretary
Window and signed by President Harri-
son. the friends of silver and the country
at large have gained much; far more than
was deemed possible two years ago. They
have thus in most substantial manner
testified their friendship for the white
metal.
This is made the more conspicuous
when compared with the protests of the
last administration against silver pur-
chases to the amount of two million
dollars-present purchases being four and
half million ounces-per month. In
view Of these facts the friends of silver
and of free coinage con afford to be leni-
ent in their judgment of these, their
proven friends. who hesitate so soon to
change the existing law.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23

torpedo boat The magazine IL handsomely
printed, illustrated with many fine engravings,
and ito purely literary contents are up to the
highest standard. It IT, In fact, the only English
monthly that approaches the American maya
zines In matter and style.
The Nofthwcstam Real Estote and Bul5ing Resiev
II . new publication dated ct Seattle. The first
number contains cuts Of Snoqualmie Falls, the
Seattle National bank and Pioneer buildings,
and portrait of Henry L. Yesler. It has several
articles descriptive Of King county real estate
and Improvements, q sketch Of the Port Orchard
navy yard site, and presents . neat appearance.
Its manager is Paul Kemble. tits to be regretted
that the mechanical work upon the publication
could not have been done ct home.
Short Stories for February ID fully up to the
mark made by the preceding numbers of this
publication. Rudysrd Kipling, Edward Iraneus
Stephenson, Buckley o'Neill. and other story tel
lers of more than ordinary gifts have been drawn
upon, and there are several strong translations
from German. Italian and French writers. There
10 no other periodical of the day that presents
such wealth Of artistic short stories. and its
low price is the only cheap thing about IL
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23

Hundreds of thousands OF dollars have been
saved to the United States government by pos
session of the Confederate archives captured at
Richmond at the fall ofthat capital Thousands
Of claims for damages to their property by Fed
eral troops during the war, filed by pretended
Southern loyalists'' have been proven fraudu-
lent by reference to these archives. No sooner
does claim of this kind come in, than . trust
worthy clerk 10 detailed to investigate, and in Q
multitude, if not majority of such cases, the
alleged "loyalist' is found to have been en-.
rolled in the Confederate service, or contractor
for supplies, or in some manner giving proof of
participation in or sympathy with the "lost
cause" Those documents have been worth
their weight in gold to ours. IL not to the Con.
federate government
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23
A Big Lynx Killed by . Boy.
Yakims Herald.

While Captain J. T. Simmons was working on
his place, . mile and half from the city, in
company with his Hyearold son and T. L.
Bounds, one day last week, the baying OF dogs
was heard in the bottom along the Natcheez.
Thinking that the dogs had flushed some part
ridges, young Simmons asked his father for his
Winchester. The captain demurTed, a. the boy
had had little experience with the rifle,
but finally he yielded. When the lad
reached the scene Of the hubbub he found
that the dogs had freed a big lynx.
The little fellow was somewhat startled, but
he took deliberate aim and brought the ''var-
mint to the ground with q broken leg. The
dogs then pitched in and = furious battle en-
sued. The boy, seeing the dogs were getting the
worst Of the strife, and fearing they would be
killed, moved up close to the scene of the
trouble, and when the opportunity offered he
put deadly bullet between the eyes of the
lynx. Captain Simmons, in recOunting the
event, said: THE young rascal II as proud Of
his success - he would BE- If he had killed
BEAR
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-23

The late illness OF Princess Henrietta of
Flanders was the means of provoking another
passage at arms between the allopathic and
homeopathic schools of medicine, and also
brought into prominence young, modest and
able military doctor, who by reason of it has
been placed upon the high road to fame and
fortune. The mother OF the young princess is
an ardent homeopathic, and when her daughter
fell dangerously i'll called in one of that school
to treat her case As a consequence, the resi-
dent old school quidnuncs refused to meet
him in consultation. Then the young provin.
cial was telegraphed for, whose training had
taught him that any call to duty was impera-
tive, and he promptly responded by his pres
ence, and exhibited both consummate knowl-
edge of his profession and steady nerve. As a
consequence he smiles while the unruly old
bigots suck their thumbs in gloom.